mMmm, 


tav 


COaJMENK 


DOCUMENTS 


[OFFICIAL.] 

O 


^v 


PEOCEEDINGS 


AND 


DEBATES 


OF  THE 


UNITED  STATES  SENAT 


J% 


FIRST  SESSION-THIRTIETH  CONGRESS. 


BY   JAMES    A.  HOUSTON, 


WASHINGTON,  D.  C. 


MDCCCXLVIII. 


/ 


73  r 

DOCUWENTS 
D£PT. 


PREFACE 


That  tlie  Procec-Hings  and  Debates  of  both  brandies  of  the  Congress  of  the  United  States  have 
been,  until  recently,  very  imperfectly  reported,  is  now  pretty  generally  acknowledged  with  re- 
gret and  surprise.  The  Senate  has  been  peculiarly  unfortunate  in  this  respect.  No  copious  and 
authentic  record  of  its  debates  up  to  the  commencement  of  the  last  Congress,  is  any  where  to  be 
found  ;  and  all  that  now  remains  is  a  meagre,  and  often  an  erroneous  sketch,  of  the  discussions 
which  have  taken  place,  during  that  period  of  the  existence  of  one  of  the  most  important  delibera- 
tive bodies  in  the  world.  This  is  not,  of  course,  the  place  to  speak  of  the  causes  which  have  de- 
prived us  of  full  and  accurate  reports  of  the  Senate,  or  of  the  evils  of  that  deprivation.  The 
fact  is  merely  stated,  in  order  to  introduce  a  very  brief  explanation,  of  the  circumstances  which 
led  to  the  production  of  this  volume. 

Struck  by  the  remarkable  neglect  with  which  the  debates  of  the  Senate  appeared  to  be  treated 
by  the  journals  issued  at  the  seat  of  the  federal  government,  and  anxious  to  contribute  something 
towards  supplying  a  remedy  for  the  evil,  I  devised  a  plan  of  reporting  those  debates,  which  was 
submitted  to  several  of  the  oldest  and  most  influential  members  of  the  body,  nearly  at  the  close 
of  the  second  session  of  the  last  Congress.  This  plan  proposed  to  give  to  the  reports  the  utmost 
impartiality  and  fullness,  together  with  the  stamp  of  authoritative  sanction.  It  met  with  appro- 
bation and  was  adopted. 

The  execution  of  the  work  was  entered  upon  under  some  disadvantages.  Circumstances  pre- 
vented the  engagement  of  a  sufficient  number  of  competent  assistants  ;  and  the  prompt  publica- 
tion of  full  and  close  reports  was  regarded  by  some  of  the  Senators  as  being,  perhaps,  not  always 
practicable,  or,  at  all  events,  expedient.  However,  notwithstanding  all  difficulties  and  draw- 
backs, the  work  was  performed  throughout  the  past  session  in  such  a  manner  as  to  elicit  the  com- 
mendation of  many  of  the  most  distinguished  Senators,  and  all  the  leading  daily  journals  out  of 
the  city  of  Washington.  Many  able  arguments — many  bursts  of  eloquence — many  scintillations 
of  genius,  which  otherwise  would  have  perished  in  the  hour  of  their  birth,  have  by  this  means 
been  preserved,  while  I  have  the  satisfactory  reflection  to  console  rne.  in  reviewing  the  result  of 
many  weary  hours  of  anxious  toil,  that  I  have  been  instrumental  in  giving  to  the  country  an  ac- 
curate and  a  complete  record  of  conflicts  and  debates,  which  will  never  lose  their  interest  so  long 
as  the  great  principles  of  justice,  humanity  and  freedom,  inspire  the  souls  of  men.  At  least,  one 
important  step  has  been  taken  towards  the  elevation  of  Congressional  reporting  to  respectability 
and  usefulness,  and  I  have  no  fear  that  the  movement  in  this  important  matter  will,  hereafter,  be 
retrograde. 

JAMES  A.  HOUSTON. 

Washington,   D.   C,  September  30,   1848. 


f       006 


-i  - 1 


.V,  ,( 


INDEX. 


A. 

Ai.LEN.  William,  of  Ohio- 
Printing  Piesidi-nl's  Messaae 1!^ 

-    Annmi  ices  (le. nil  of  Gen.  Hauler ^ 41 

Intrease  of  tlie  array 50 

Plans  of  Gen .   Sui.ll 1  "^ 

Mission  ' "  Home 3^1 

•  Con'Taiiilaiiiins  to  the  French "123,  443 

Judiciary  Bill 459,  499.  50S 

Califoniia  Claims 537 

.Steamships ^'^•^ 

Ashley,  Chester,  of  ArliansMs— 

Adduioiial  judicial  disuici  in  Arijansos 238 

Deulli  announced ^5J 

Funcial  Hiinors 562 

Atchison,  David  R.,  of  IVlissouri — 

Indian  Appropriaiion   Bill ou4 

Additional  Indian  District  in  Arkansas 748 

Adjournment  of  Congress. 750 

Compromise  Bill 9^6 

Atheuton,  Charles  G.,  of  New  Hampshire — 

Payment  of  inieresi  to  Alabama 547 

Indian  Appropi iaiinn  Bill 664,  678,  7l8 

Naval  .•Appropriation  Bill 841 

Loan  Bill,  (Appendix) 16 

B. 

Badoeb,  George  E.,  of  North  Carolina- 
Case  of  Slaughter 54 

Ten  ReL'iment  Bill.  (Appendix) 125 

Inviolahilitv  of  franks 315 

Mission  to'Rome 350,  3!i4,  393 

Franking  Privilege 379 

Judiciary    Bill 461.  510 

Calif.rnia  Claims 487,  557 

Piiririiit  of  Gen.   'I'aylor 541 

Case  of  David  Myerie 660 

Indian  Appropriaiion  Bill 679 

OrcL'on  Bill 6S7,  638 

Paicni  Ottice  Kepori 707 

Branch  Minis f88 

Compromise   Bill 954 

Bagbv.  Ari  huh  p..  of  Alabama — 

Acquisition   of  Territory 159,  473 

John  Paul  Jones 318 

French  Kevoluiiin 437 

Dam  at  CnmherUnd  Island 492 

Internal  Improvemenls 51^4 

Aid  to  Yiicaian 635 

Oregon  Bill 631 

.Baldwin,  Kooeb  S.,  of  Conneciicnt — 

Annexation  of  Mexican  Territoiy 150 

Ten  Regiment  Bill 344 

French   Revolution 434 

Oregon  Bill 699 

Compromise   Bill 923,  974 

Bell,  John,  of  Tennessee — 

Ten  Regiment  Bill   , 203 

Catechises  Mr.  Sevier  about  Mexican  war 227 

Dam  at  Ciimlierlacd  Island. 422 

Indian  Appiopriaii.m  Bill 665,  716 

Benio.v,   Thomas  H.,  of  Missouri — 

Joh.i  Paul  Jones 317 

Announces  illness  of  Mr.  Adams .319 

P.uicgync  on  the  character  of  Mr.  Adams '■•2ii 

Judiciary  Bill    -iol 

Calil..n,ia  Claims 406,  490 

Intel  nal  liiiprovctnents 566 

Opp.'Scs  sloaiii  conveyance  of  iho  mail  across  Atlantic...      609 
Berkien,  John  McP  ,  of  Georgia — 

Increase  01    Ilieaimy 50 

N.iuiralizaiion  Laws 723,  735 

Mail  til  SiivHunah    785 

Oregon  Bill 78S 

Comp.-.Miiise  Bill 963 

Borland,  Solon,  of  Arkansas — 

Announces  death  ol    Mr.  Ashley   559 

Deferred  Nominal  ions    624 

Compensaiion  fir  liorse;  lost  in  the  military  service 7l3 

Adiilier.iied   DriiL>s 743 

Judicial  Disirirt   111  Arkansas, 748 

Ball  pay  lo  Widows  and  Orphans ,     895 


Bradbcby,  James  W.,  of  Maine — 

Announces  death  of  Mr.  Fairfield 42 

John  Paul  Jones 320 

Exemjilion  of  timber  from  duly 396 

Half.pav  lo  Widows  and  Orphans 895 

Compromise  Bill 971 

Bkeese,  Sidney,  of  I'linois — 

Ten   Regiment  Bill 279 

Califor  la  Claims 543 

Panegyric  on  clmraetcr  of  Mr.  Ashley 560 

BoTLEB,  Andrew  P..  of  South  Carolina — 

Ten  Reaiment  Bill , 118 

Annoiiiicos  death  of  Jlr.  Black 440 

French  Re  CO  Union 455 

Judiciary  Bill 458,  500 

California  Claims 490,  538 

Riots  in  District  of  Columbia 524 

Internal  Improvements 566 

Orecon  Bill 679,  688 

Bright,  Jesse  D.,  of  Indiana — 

Indiana  State  Bonds 636 

Otegon  Bill 680,  779 

C. 

Calhoun,  John  C,  of  South  Carolina — 

Resolutions  relative  to  Conquest  of  Mexico 30 

Remarks  on  same  subject 32 

Incre.ise  of  the  army 50,   51 

Conquest  of  Mexico 62 

Ten  Regiment  Bill 351 

Mission  to  Rome 395 

French  Revolution. .  .^ 429 

Judiciary  Bill 464 

Internal  Improvements 493 

Riots  in  Disirict  of  Columbia 615 

Calil'ornia  Claims 537,  544,  553 

Aid  to  Yucatan 557,  574,  627 

Oregon  Bill 681,  779 

Cass,  Lewis,  of  Michigan — 

Increase  of  the  armv 49 

Opens  debate  on  Ten  Retriment  Bill 55 

Siaiemenr  of  forces  in  Mexico 92 

Plans  of  Gen     Scott 117 

Closes  debate  on  Ten  Regiment   Bill 356 

Mission  to  Rome 388 

California  Claims 539,  554 

Inieriial  Impiovements '567 

AdtoYucaian 576,  601 

Clayton,  John  M  ,  of  Delaware — 

Increase  of  the  army    50 

Caie<liises  Mr.  Cass  about  the  war 93 

Ten  Re-iuient  Bill 103 

E.\planation  relative  to  Texas  boundary 153 

Petiton  of  Mid.  Rogers 264 

Mission   I o  Rome 380 

New  Jersev  Railroad 528 

California  Claims 548,  354 

Aid  to  Yucatan 581 

Indiana  State  Bonds ,  , .  , ,    635 

Losses  in  Florida  war , .,.      641 

The  Presidential  Candidates 824 

Introduces  ilie  Compromise  Bill 896 

Opens  debate  on         do  do 918 

En [ liana)  Ion  of  his  course ».      991 

CoRWi.N.  Thomas,  of  Ohio — 

Compromise  Bill 921 

Slavery,  I  lie  war,  &c 938 

Crittenden,  John  J.,  of  Kentucky — 

Publication  of  Madison  Papers 39 

Ameiiilinent  lo  Ten  Regiment  Bill 70 

Instructions  to  Gen    Scott , 141 

Panegyric  on  Mr.   Clny 147 

Suspension  of  Gen.  Scott , 160 

Thanks  to  'ien.  Taylor 297 

Fi  eiich  Revolution 454 

Ju.liciarv  Bill 461,  600,  510 

Internal  Improvements 493,  565 

Aid  to  Yucatan 533 

Clarke,  John  H  ,  of  Rhode  Island — 

Ten  Reiiiment    Bill 160 

Compromise  Bill 928 


I 


6 


INDEX  TO 


Cameron,  Simon,  of  Pennsylvania — 

Announces  death  of  Mr.  Hornbeok 148 

John  Paul  Jones < 319 

Riots  in  District  of  Columbia 524 

Patent  OlTico  Report ; 707 

D. 

Davis,  John,  of  Massachusetts — 

Announces  death  of  Mr.  Adams 323 

Mission  to  Rome 380 

Riots  m  District  of  Columbia 5-22 

Aid  to  Yucatan GJO 

Foreign  Mail  Service ^^' 

Oregon  Bill '^'^'^ 

Davis,  Jefferson,  of  Mississippi — 

Ten  Regiment  Bill ■ Jp 

Explains  his  position  as  to  Mexican  war 122 

Military  Hospital  at  New  Olleans l*''^' 

Pensions  to  Ordnance  Corps 203 

French  Revolution ^^^ 

Internal  Improvements 49 j 

Riots  in  District  of  Columbia 51.T 

California  Claims 55o 

Aid  to  Yucatiin •'j'^- 

Adultcratid  Di Uf;s 7-13 

■    Oregon  Bill «70 

Datton,  William  L.,  of  New  Jersey — 

Case  of  Slaufrhter M 

French  Revolution 447 

Judiciary  Bill 459 

California  Claims 475 

Compromise  Bill flfiS 

Dickinson,  Daniel  S.,  of  New  York — 

Resolutions  on  annexation  of  Territory 31 

Remarks  on  same  subject 97 

Announces  death  of  Mr.   HoUey 377 

Examiners  in  the  Patent  Olficc 37S 

French  Revolution 443 

Patent  Office  Report 70S 

Naturalization  Laws 735 

Branch  Minis 888 

Compromise  Bill 919 

Dix,  John  A  ,  of  New  Yorl; — 

Retired  army  list ; . .  2tj 

Ten  Regiment  Bill 166 

Mission  to  Rome 390 

California  Claims 423 

Pdot  Laws 484,  803 

Aid  to  Yucatan fi42 

Adulterated  Druijs 749 

Oregon  Bill 771 

Branch  Mints S89 

Compromise  Bill 959 

DoccLAs,  Stephen  A.,  of  Illinois — 

Ten  Regiment  Bill 195,  373,  37(j 

French  Rcoluiion 43o 

Riots  in  District  of  Columbia 520 

Grunt  of  Land  to  Illinois 5t;3 

Steamships 904 

Downs,  Solomon  W.,  of  Louisiana — 

T«n  Regiment  Bill IST 

Frcnefci'Revoliition 435^  446 

Memorial  from  New  Orleans  Bar 663 

F. 

Fairfield,  John,  of  Maine — 

Death  announced 42 

Funeral   Honors . .  43 

Filch,  Ai.pheus,  of  Michigan— 

Defeotive  Surveys ...;'.,......  732 

Penal  Code  of  the  Territory  of  Michifian 832 

Fitzgerald,  Thomas,  of  Michigan — 

Compromise   Bill , 93'.^ 

Foote,  Henry  S.,  of  Mississippi — 

Announces  death  of  Mr.  Speight 25 

Ten  Regiment  Bill I33 

Vote  of  thanks  to  Gen.  Taylor 299 

Missiim  to  Ronio 3.S1 

French  Revniui ion 43 1  442 

Judiciary  Bill 502 

Riius  in  District  of  Columbia 515 

Aid  to  Yucatan 558,  572.  585 

Oregon  Bill 682,  697 

Adjournment  of  Congresg 751 

G. 
Greene.  Albert  C,  of  Rhode  Island — 

Ten    Regiment   Bill *1...,  311 

:i. 

Hale,  Jous  P.,  of  New  Hampshire — 

Asks  10  be  excused  from  serving  on  committee 18 

Right  of  Petiiion .", 37 

Increase  of  the  army, ,,, ■■■•  •Kmx  ••  •  ■ .  1... .  CQ 


Hale,  John  P.,  of  New  Hampshire — 

Ten  Regiment  Bill 76 

Opposes  vote  of  thanks  to  Gen.  Seolt 265 

Opposes  vote  of  thanks  to  Gen.  Taylor 298 

Mission  to  Rome 381,  388 

French  Revolution 429,  445 

Riots  in  District  of  Columbia 514 

Portrait  of  Gen.  Taylor 542 

Aid  to  Yucatan 575 

Oregon  Bill...". 682 

Hamlin,  Hannibal,  of  Maine — 

Compromise  Bill ,' 923 

Hannegan,  F.dwaru  a.,  of  Indiana — 

Annexation  of  Mexican  Territory 151 

Indian   Reservations 255 

John  Paul  Jones . ; .', 317 

Mission  to  Rome ......'..'...■ 379 

Case  of  Patrick  Walker 407 

French  Revolution 445 

Riots  in  District  of  Columbia 522 

Portrait  of  Gen.  Taylor ; 541 

Aid  to  Yucatan 557,  572,  577,  579 

Houston,  Samuel,  of  Texas — 

Speech  on  Yucatan  Bill,   (Appendix) 24 

Hunter,  Robert  M.  T..  of  Virginia — 

Ten  Regiment  Bill 229 

Indian  Ap|.i-ijprialion  Bill 727 

Oregon  Bill 862 

J. 

Johnson,  Herschel  V.,  of  Georgia — 

French  Revolution 443 

Oregon  Bill 84(j 

Claims  of  Creek  Indians 999 

Ten  Regiment  Bill,   (Appendix) H 

Johnson,  Henry,  of  Louisiana — 

Ten  Regiment  Bill 374 

Johnson,  Reverdt,  of  Maryland — 

Call  lor  Military  Statistics 48 

Ten  Regiment  Bill 84 

Judiciary  Bill 506 

California  Claims 550 

Deferred  Nominations .594,  (App.)  28 

K. 

Kino,  William  R.,  of  Alabama — 

Civil  and  Diplomatic  Bill loOS 

L. 

Lewis,  Dixon  H.,  of  Alabama — 

Examiners  in  Patent  Office 196 

M. 

Mangum,  Willie  P.,  of  North  Caro'ina — 

Distribution  of  Books  to  Senators............. 21 

Plans  of  Gen.  Seolt .... .■,.[..,,.  .'J,. a  i,,, ,...,  IJg, 

John  Paul  Jones ■ 3)9 

Mission  to  Rome 394 

Riots  in  District  of  Columbia 519 

Adjournment  of  Congress .^ .t,,,., :,  w.  ■  >  764 

Opinions  of  Taylor  and  Cass.. ..,.«-„■.„. '.J..  811 

Mason,  James  M.,  of  Virginia — 

Announces  tleath  of  Mr.  Dromgoole 33 

California  Claims 481,  530 

The  Southern  Mail ,..t........  7J8 

Oreg(m  Bill ..:..\  . ,' 836 

Metcalfe,  Tho.mas.  of  Kentucky — 

Coinj>roniise    Hill 1016 

Miller.  Wu.lia.m.  of  New  Jersey — 

Ten  Regiment  Bill 238 

Cauulen  iiiid  Amboy  Railroad 529 

Aid  to  Yucatan 618 

Adjournment  of  Congress....,, -756 

Comjuoinihe  Bill , ,..l...i. 930 

N.'' ''''"" 

NiLES,  John  M.,  of  Connecticut — 

Printing  President's  Message 12 

Announces  dealh  of  Mr.  Huntington 14 

Resolutions  of  State  Legislature  against   the  extension  of 

slavery 28 

Mexican  Spoliations 202 

Ten  Regiment  Bill 2l6 

Mission  to  Rome 380 

The  Loan  Bill 411 

French  Revolution 443 

Calilornia  Claims 536 

Internal   Improvements 564 

Aid  to  Y'ucatan 594 

Mode  of  paying  the  Public  Interest 654 

Foreign  Mail  Service 657 

Oregon  Bill !..!'!..,..  689 

Patent  Office  Report .'.'.".'.'.'.".'.. !'.'.".!*.'.'.'.r.'.'.'.  707 

Reduction  of  Postage ......  ^^^ 

CompromiTC  Bill ',', ■,,;,,.!;!!..;,'  920 


PROCEEDINGS  AND  DEBATES  OF  THE  SENATE. 


p. 

Pearce,  James  A.,  of  Maryland- 
Widow  of  Col.  MoRea - 89 

Ten  Regiment  Bill 107 

Explanation  as  to  Texas  boundary 157 

The  Southern  Mail 735 

Phelps,  Samoel  S.,  of  Vermont — 

Ten  Regiment  Bill 176,  183 

.    The  Loan  Bill 419 

French  Revolution 452 

Judiciary  Bill 463 

California  Claims 4'J],  536 

Oregon  Bill ^f^ 

Compromise  Bill f'33 

R. 

Rv8K,  Thomas  S.,  of  Texas- 
Bounty  Land  Claims 194 

Ten  Regiment  Bill 304 

Californin  Claims 542 

Oregon  Bill 687 

Indian  Appropriation  Bill 726 

Texas  Navy 867 

S. 

Sebastian,  William  K.,  of  Arkansas — 

Indian  Appropriation  Bill 724 

Sevieh,  Ambrose  H.,  of  Arkansas — 

Distribution  of  Books  to  Senators 20 

Explanation  as  to  Texas  boundary 156 

Ten  Regiment  Bill 219 

Explanations  in  reply  to  Mr.  Bell 226,  227 

T. 

TuBNEY,  Hopkins  L.,  of  Tennessee — 

Jethro  Wood's  Patent 164 

Ten  Regiment  Bill 267 

Compensation  for  horses,  See 713 


V. 

Underwood,  Joseph  R.,  of  Kentucky — 

Clerk  to  sign  Land  Patents 157 

Ten  Regiment  Bill 255 

American  Hemp  for  Navy 398 

French  Revolution 453 

California  Claims 535 

Portrait  of  Gen.  Taylor 542 

Losses  in  Florida   war 642 

Case  of  David  Mverle 65S 

Oregon  Bill .' 697 

Compromise  Bill 946 

Upham,  William,  of  Vermont — 

Ten  Regiment  Bill 28S 

W. 

Webster,  Daniel,  of  Massachusetts — 

Ten  Regiment  Bill 355 

The  Mexican  war 399 

Indian  Appropriation  Bill 668 

Naturalization   Laws 711 

Oregon  Bill,  (Appendix) 33 

Westcott,  James  D.,  of  Florida — 

Case   of  Slaughter.  , 53 

Assistant  Pursers 83 

Examiners  in  the  Patent  Ofliee 378 

California   Claims .OoS 

Aid  to  Yucatan 590 

Losses  in  Florida  war 641 

Oregon  Bill 686 

Naturalization  Laws 723 

Y. 

Yulee,  David  L.,  of  Florida — 

Assistant   Pursers 83 

Slavery 274 

.\merican  Hemp  for  Navy 397 

Steamships 907 


/ 


Monday,  Dec.  6.] 


ORGANIZATION  OF  THE  SENATE. 


MONDAY,  DECEMBER  6,  1847. 


In  conronnity  wth  the  second  clause  in  the  fourth  section  of  the 
first  article  of  the  Constitution  of  the  United  States,  the  first  ses- 
sion of  the  thirtieth  Congress  commenced  this  day. 

The  Senate  was  called  to  order  at  twelve  o'clock  by  its  presidinn- 
officer,  the  Hon.  GEORGE  MIFFLIN  DALLAS,  Vice  Prcst- 
dent  of  the  Uuited  States. 

The  following  Senators  were  present,  viz  : 

From  Maine. 
John  Faikfiei.d,  James  W.  BRAnBURV. 

From  New  Hampshire. 
Charles  G.  Atherton,  John  P.  Hale. 

From  Vermont. 
William  Upham,  Samuel  S.  Phelps. 

From  Rhode  Island. 
Albert  C.  Greene,  John  H.  Clarke. 

From  New  York. 
John  A.  Dix,  Daniel  S.  Dickinson. 

From  New  Jersey. 
Willi.\m  L.  Dayton,  Jacob  W.  Miller. 

From  Pennsylvania. 
Simon  Cameron,  Daniel  Sturgeon. 

From  Delaware. 
Presley  Spruance. 

From  Maryland. 
Reverdy  Joh.nson. 

From  Virginia. 
James  M.  Mason,  Robert  M.  T.  Hunter. 

From  North  Carolina. 
George  E.  Badger,  Willie  P.  Mangum. 

From  Houlh  Carolina. 
Andrew  P.  Butler. 

From    Mississippi. 
Jefferson  Davis,  Henry  S.  Foote. 

From  Louisiana. 
Henry  Johnson,  Solomon  W.  Downs. 

Fro7n  Tennessee. 
Hopkins  L.  Tubney. 

Frotn  Kentucky. 
John  J.  Crittenden,  Joseph  R.  Underwood. 

From  Ohio. 
William  Allen,  Thomas  Corwin. 

From  Indiana. 
Edward  A.  H.\nneqan,  Jesse  D.  Bright. 

From  Illinois. 
Sidney  Breese,  Stephen  A.  Douglas. 

From  Missouri. 
David  Atchison. 

From  Arkansas. 
Ambrose  H.  Sevier,  Chester  Ashley. 

From  Michigan. 
Lewis  Cass,  Alpheus  Felch, 

Fro7n  Florida. 
James  D.  Westcott,  jr. 


Thomas  J.  Rusk. 


From  Texas. 


credentials  of  sen.\tors. 

Mr.  ATHERTON  presented  the  credentials  of  the  Hon.  John 
P.  Hale,  elected  a  Senator  of  the  United  States  from  the  State  of 
New  Hampshire,  for  the  term  of  six  years  from,  and  after  the  4th 
day  of  March,  1847;  which  were  read. 

Mr.  HALE,  havinif  taken  the  oath  of  ofHce,  which  was  admin- 
istered to  him  by  the  Vice  President,  took  his  seat. 

Mr.  CRITTENDEN  presented  the  credentials  of  the  Hon. 
Joseph  R.  Underwood,  elected  a  Senator  of  the  United  States 
from  the  State  of  Kentucky,  for  the  term  of  six  years  from,  and 
after  the  4th  day  of  March,  1847;  which  were  read. 


Mr.  UNDERWOOD,  having  taken  the  oath  of  office,  which 
was  administered  to  him  by  the  Vice  President,  took  his  seat. 

Mr.  JOHNSON,  of  Louisiana,  presented  the  credentials  of  tlie 
Hon.  Solomon  W.  Downs,  elected  a  Senator  of  the  United  States 
from  the  State  of  Louisiana,  lor  the  term  of  six  years  from,  and 
after  the  4th  day  of  March,  1847;  wiiich  were  read. 

Mr.  DOWNS,  haviiii;  taken  the  oath  of  office,  which  was  ad- 
ministered to  him  by  the  Vice  President,  took  his  seat. 

Mr.  GREENE  presented  the  credentials  of  the  Hon.  John  H. 

Clarke,  elected  a  Senator  of  the  United  States  from  the  State  of 
Rhode  Island,  and  Providence  Plantations,  for  the  term  of  six 
years  from,  and  after  the  4lh  day  of  March,  1847;  which  were 
read. 

Mr.  CLARKE,  having  taken  the  oath  of  office,  which  was  ad- 
ministered to  him  by  the  Vice  President,  took  his  scat. 

Mr.  SEVIER  presented  the  credentials  of  the  Hon.  Jefferson 
D.A.VIS,  appointed  bv  the  Governor  of  Mississippi  a  Senator  of  the 
United  States  from  the  State  of  Mississippi,  to  till  the  vacancy  oc- 
casioned by  the  decease  of  the  Hon.  Jesse  Speight;  which  were 
read. 

Mr.  DAVIS,  having  taken  the  oath  of  office,  which  was  admin- 
istered to  him  by  the  Vice  President,  took  his  scat. 

Mr.  BREESE  presented  the  credentials  of  the  Hon.  Stephen 
A.  Douglas,  elected  a  Senator  of  the  United  States  from  the  State 
of  Illinois,  for  the  term  of  six  years  from,  and  after  the  4th  day  of 
March,  1847;  which  were  read. 

Mr.  DOUGLAS,  having  taken  the  oathof  ollice,  which  was  ad- 
ministered to  him  by  the  Vice  President,  took  his  scat. 

Mr.  FAIRFIELD  presented  the  credentials  of  the  Hon.  Ja.mes 
W.  Bradbury,  elected  a  Senator  of  the  United  States  from  the 
State  of  Maine  for  the  term  of  six  years  from  and  after  the  4th  dSty 
of  March,  1847;  which  were  read. 

Mr.  BRADBURY,  having  taken  the  oath  of  office,  which  was 
administered  to  liim  by  the  Vice  President,  took  his  seat. 

Mr.  CASS  presented  the  credentials  o  .the  Hon.  Alphelts 
Felch,  elected  a  Senator  of  the  United  States  from  the  State  of 
Michigan,  for  the  term  of  six  years  from  and  after  the  4th  day  of 
March,  1847;  which  was  read. 

Mr.  FELCH,  having  taken  the  oath  of  otRce,  whio  was  admin- 
istered to  him  by  the  Vice  President,  took  his  seat. 

The  following  Senators,  whose  credentials  were  presented  to  the 
Senate  at  the  last  session  of  Congress,  severally  had  the  oath  of 
office  administered  to  them  by  the  Vice  President,  and  took  their 
seats,  viz  : 

Messrs.  Ashley,  Mangum,  Foote,  Hunter.  Miller,  and 
Spruance. 

notification  to  the  house. 
On  motion  by  Mr.  BREESE,  it  wss 

Ordered,  Tliat  the  Secretary  acquaint  the  House  of  Represen- 
tatives that  a  (juorum  of  the  Senate  has  assembled,  and  that  the 
Senate  is  ready  to  proceed  to  business. 

HOUR    OF    meeting. 

On  motion  by  Mr.  FAIRFIELD,  it  was 

Ordered,  That  the  daily  hour  of  meeting  be  twelve  o'clock  until 
olhorwise  ordered. 

newspapers. 
On  motion  by  Mr.  CAMERON,  it  was 

Resolved,  That  each  Senator  be  supplied,  (luring  tlie  present  se^iou,  with  newspa- 
pere,  as  heretofore,  not  exceeding  the  cost  of  four  daily  papers. 

On  motion  by  Mr.  MANGUM, 

The  Senate  adjourned.  ^ 


THE  PRESIDENT'S  MESSAGE. 


fTcESDAY, 


TUESDAY,  DECEMBER  7,  1847. 


The  Hon.  Roger  S.  Baldwin,  of  the  State  of  Coniieeticut; 
the  Hon.  John  C.  C.\lhovn,  of  the  State  of  South  Carolina;  the 
Hon.  W.\LTER  T.  CoLQCiTT,  of  thc  State  of  Georgia;  the  Hon. 
John  M.  N'iles,  of  the  State  of  Connecticut;  and  the  Hon.  J.\mes 
A.  Peahce,  of  the  State  of  Maryland,  severally  appeared  in  iheii' 
seats  to-day. 

CREDENTIALS    OF    SENATORS. 

Mr.  BUTLER  presented  the  credentials  of  the  Hon.  John  C. 
Calhoun,  elected  a  Senator  of  thc  United  States,  from  the  State 
of  South  Carolina,  for  the  term  of  six  years,  from  and  after  the  4th 
day  of  March,  1847;  which  were  read. 

Mr.  CALHOUN,  havins  taken  the  oath  of  office,  which  was 
administered  at  the  hands  of  the  Vice  PHEsinE.VT,  took  his  seat. 

Mr.  NILES  presented  the  credentials  of  the  Hon.  Roger  S. 
Baldwin,  appointed  by  the  Governor  of  Connecticut  a  Senator  of 
the  United  States,  from  the  State  of  Connecticut,  to  fill  the  vacan- 
cy occasioned  by  the  decease  of  the  Hon.  Jabez  W.  Huntington; 
which  were  read. 

Mr.  BALDWIN,  havinpr  taken  the  oath  of  office,  which  was 
administered  at  the  hands  of  the  Vice  President,  took  his  seat. 

MESSAGE  FRO.M  THE  HOUSE. 

The  following  mes.sago  from  the  House  of  Representatives  was 
delivered  by  B.  J3.  French,  Esq.,  their  Clerk: 

Mr.  President:  I  am  directed  to  inform  the  Senate  that  a  quo- 
rum of  the  House  of  Representatives  has  assembled,  and  that 
Robert  C.;Winthrop,  one  of  the  Representatives  from  the  State 
of  Massachusetts,  has  been  chosen  Speaker,  and  that  the  House 
is  now  ready  to  proceed  to  business. 

The  House  of  Representatives  have  passed  a  resolution  for  the 
appointment  of  a  committee  on  the  part  of  the  House,  to  join  such 
committee  as  may  be  appointed  on  the  part  of  the  Senate,  to  wait 
on  the  President  of  the  United  States,  and  inform  him  that  a  quo- 
rum of  the  House  is  as.sembled.  and  that  Congress  is  ready  to  re- 
ceive any  oommunicalion  he  may  be  pleased  to  make;  and  Mr 
Hunt  and  Mr.  Howell  Cobb  have  been  appointed  the  commit- 
tee on  their  part. 

committee  to  wait  on  the  president. 

Mr.  SEVIER  moved  to  take  up  the  resolution  from  the  House- 
which  was  agreed  to.  ' 

The  resolution  having  been  read, 

Mr  SEVIER  observed,  that  it  only  provided  for  informin<r  the 
President  that  a  quorum  of  the  House  liad  assembled,  instead'' of  a 
quorum  of  both  Houses.  This  was  no  doubt  an  inadvertence  and 
he  therefore  moved  that  the  resolution  be  laid  upon  the  table'  for 
the  purpose  of  offering  another;  which  was  agreed  to.  ' 

Mr.  SEVIER  then  submitted  the  following  resolution,  which 
was  considered  by  unanimous  consent,  and  iu'reed   to: 

Rr,„hr,l  ;nM  a  pommitlec  bn  appointrj,  icinily  wal,  thc  com.nili™  appointed  bv 
.he  lloiucol  R-prr-scnlativc,,  to  wait  upon  tU  Ptwul-nt  of  the  Unilcl  S?at«  anj 
infcm  h,m  that  a  ^uorun,  of  each  Ho,,*  h.a.l  a.«cmblc,l;  anil  t>,at  Con-ras  a,e  icidv 
to  receive  any  communicauon  he  may  be  pleased  to  make.  "  ' 

On  motion  it  was 

Ordered,  That  tlie  committee  be  appointed  by  the  Vice  Presi- 

Messrs.  Sevier,  Mangum,  and  Fairfield  were  appointed. 

saclt  de  ste.  marie. 

Mr.  CASS  submitted  the  following  resolution;  which  was  con- 
.sidered  by  nnanimotis  consent,  and  agreed  to: 

Hesolvfd,  That  the  Pecrelarv  of  the  Trratnn-  b<-  iiMtmci...,  t«  .,., 
NOTICE    OF    BILLS. 

Mr.  IIANNEGAN  gave  notice  that  he  should,  on  to-morrow, 
ask  leave  ol  the  Senate  to  introduce  a  bill  for  the  relief  of  the  heirs 
of  John  Paul  Joneii. 


Mr.  WESTCOTT  gave  notice  that  he  should,  on  to-morrow, 
ask  leave  to  bring  in  a  bill  further  to  carry  into  effect  the  provis- 
ions and  stipulations  of  the  9th  article  of  the  Florida  treatv,  with 
respect  to  certain  losses  of  Spanish  subjects  in  West  Florida. 

president's  message. 

Mr.  SEVIER,  from  the  Committee  on  the  part  of  the  Senate, 
jointly  with  the  Committee  appointed  on  the  part  of  the  House  of 
Representatives,  to  wait  on  the  President  of  the  United  States, 
anil  inform  him  that  a  quorum  of  each  house  has  assembled,  and 
that  Congress  is  ready  to  receive  any  communication  he  may  be 
plea.sed  to  make,  reported,  that  they  had  performed  the  duty  as- 
signed them,  and  that  the  President  stated  that  he  would  make  a 
communication  to  each  house  forthwith. 

The  following  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  J.  Knox  Walker,  his  private  secretary: 

Fellow-Citizens  of  the  Senate, 

and  of  the  House  qf  Representatives  : 

The  annual  meeting  of  Congress  is  always  an  interesting  event. 
The  Representatives  of  the  States  and  of  the  people  come  fresh 
from  their  constituents  to  take  counsel  together  for  the  common 
good.  After  an  existence  of  near  three-fourths  of  a  century  as  a 
free  and  independent  republic,  the  problem  no  longer  remains  to 
be  solved  whether  man  is  capable  of  self-governmeut.  The  suc- 
cess of  our  admirable  system  is  a  conclusive  refutation  of  the  theo- 
ries of  those  in  other  countries  who  maintain  that  "a  favored  few" 
are  born  to  rule,  and  that  the  mass  of  mankind  must  be  governed 
by  force.  Subject  to  no  arbitrary  or  hereditary  authority,  the  peo- 
ple are  the  only  sovereigns  recognized  by  our  constitution.  Nu- 
merous emigrants,  of  every  lineage  and  language,  attracted  by  the 
civil  and  religious  freedom  we  enjoy,  and  by  our  happy  condition, 
annually  crowd  to  our  shores,  and  tl'an^fer  their  heart,  not  less 
than  their  allegiance,  to  the  country  whose  dominion  belongs  alone 
to  the  people. 

No  country  has  been  so  mucli  favored,  or  should  acknowledge 
with  deeper  reverence  the  manifestations  of  the  Divine  protection. 
All  all-wise  Creator  directed  and  guarded  us  in  our  infant  strug- 
gle tor  freeilom,  and  has  constantly  watched  over  our  surprising 
progress,  until  we  have  become  one  of  the  great  nations  of  the 
earth. 

It  is  in  a  country  thus  favored,  and  under  a  government  in  wliieh 
the  executive  and  legislative  branches  hold  their  authority  for  lim- 
ited periods,  alike  from  the  people,  and  where  all  are  responsible 
to  their  respective  constituencies,  that  it  is  again  my  duty  to  com- 
municate with  Congress  upon  the  state  of  the  Union  and  the  pre- 
sent condition  of  public  art'airs. 

During  the  past  year  the  most  gratifying  proofs  are  presented 
that  our  country  has  been  blessed  with  a' wide-spread  and  universal 
prosperity.  There  has  been  no  period  since  the  Government  was 
lounded,  when  all  the  industrial  pursuits  of  our  people  have  been 
more  successful,  or  when  labor  in  all  branches  of  business  has  re- 
ceived a  fairer  or  better  reward.  From  our  abundance  we  have 
been  enabled  to  perform  the  pleasing  duty  of  furnishing  food  for 
the  starving  millions  of  less  favored  countries. 

In  the  enjoyment  of  the  bounties  of  Providence  at  home,  such 
as  have  rarely  fallen  to  the  lot  of  any  people,  it  is  cause  of  con- 
gratulation, that  our  intercourse  with  all  the  powers  of  the  earth, 
except  Mexico,  continues  to  be  of  an  amicable  character. 

It  has  ever  been  our  cherished  policy  to  cultivate  peace  and  good 
will  with  all  nations ;  and  this  policy  Las  been  steadily  pursued  by 
m«. 

No  change  has  taken  place  in  our  relations  with  Mexico  since 
the  adjournment  of  the  last  Congress.  The  vi-ar  in  which  the  Uni- 
ted States  were  forced  to  engage  with  the  government  of  that  coun- 
try still  continues. 

I  deem  it  unnecessary  after  the  full  exposition  of  them  contained 
in  my  message  of  the  eleventh  of  May,  1846,  and  in  my  annual 
message  at  the  commencement  of  the' session  of  Congress  in  De- 
cember last,  to  reiterate  the  serious  causes  of  the  conqilaint  which 
we  had  against  Mexico  before  she  commenced  hostilities. 

It  is  sufficient  on  the  present  occasion  to  say,  that  the  wanton 
violation  of  the  person  and  properly  of  our  citizens  committed  by 
MexiQO,  her  repeated  ai'ts  of  bad 'faith,  through  a  long  series  of 
years,  and  her  tlisregard  of  .solemn  treaties,  stipulating  for  indem- 
nity to  our  injured  citizens,  not  only  constituted  ample  cause  of 
war  on  our  part,  but  were  of  such  an  aggravated  character  as 
would  have  jusliticd  us  before  thc  whole  world  in  resorting  to  this 
extreme  remedy.  With  an  anxious  do.sire  to  avoid  a  rupture  be- 
tween the  two  countries,  we  forebore  for  years  to  assert  our  clear 
rights  by  force,  and  continued  to  seek  redress  for  the  wrongs  we 
had  suflcred  by  amicable  negotiation,  in  the  hope  that  Mexico 
might  yield  to  i.acilic  councils  and  the  demands  of  justice.  In  this 
hope  we  were  disappointed.    Our  mmister  of  peace  sent  to  Mexico 


December  7.] 


THE  PRESIDENT'S  MESSAGE. 


was  insultingly  rejected.  The  Mexican  government  refused  even 
to  hear  the  terms  of  adjustment  which  he  was  authorized  to  pro- 
pose; and  finally,  under  wholly  unjustifiable  pretexts,  mvolved  the 
two  countries  in  war,  by  invading  the  territory  of  the  State  of  Tex- 
as, striking  the  first  blow,  and  shedding  the  blood  of  our  citizens  on 
our  own  soil. 

Though  the  United  States  were  the  aggrieved  nation,  Mexico 
commenced  the  war,  and  we  were  compelled,  in  self-defence,  tore- 
pel  the  invader,  and  to  vindicate  the  national  honor  and  interests  by 
prosecuting  it  w.th  vigor  until  we  could  obtain  a  just  and  honorable 
peace.  On  learning  that  hostihlies  hud  been  commenced  by  Mexico, 
I  promptly  communicated  that  fact,  accompanied  with  a  sufficient 
statemciit  of  our  causes  of  complaint  against  Mexico,  to  Congress; 
and  that  body,  by  the  act  of  the  thirteenth  of  May,  1846,  declared 
that  "by  the  act  of  the  republic  of  Mexico,  a  state  of  war 
exists  between  that  government  and  the  United  States," — this  act 
declaring  "the  war  to  exist  by  the  act  of  the  republic  of  Mexico," 
and  making  provision  for  its  prosecution  "to  a  si>eedy  and  success- 
ful termination,"  was  passed  with  great  unanimity  by  Congress, 
there  being  but  two  negative  votes  in  the  Senate,  and  but  fourteen 
in  the  House  of  Representatives. 

The  existence  of  the  war  having  thus  been  declared  by  Congress, 
it  became  my  duty,  under  the  constitution  and  tlie  laws,  to  con- 
duet  and  prosecute  it.  This  duty  has  been  performed;  and  though, 
at  every  stage  of  its  progress,  I  have  manifested  a  willingness  to 
terminate  it  by  a  just  peace.  Mexico  has  refused  to  accede  to  any 
terms  which  could  he  accepted  by  the  United  States,  consistently 
witli  the  national  honor  and  interest. 

The  rapid  and  brilliant  successes  of  our  arms,  and  the  vast  ex- 
tent of  the  enemy's  territory  which  had  been  overrun  and  conquer- 
ed, before  the  clo.se  of  the  last  session  of  Congress,  were  fully 
known  to  that  body.  Since  that  time,  the  war  has  been  prosecu- 
ted with  increased  energy,  and  I  am  gratified  to  state,  with  a  suc- 
cess which  commands  universal  admiration.  History  presents  no 
parallel  of  so  many  glorious  victories  achieved  by  any  nation  within 
so  short  a  period.  Our  army,  regulars  and  volunteers,  have  covered 
themselves  with  imperishable  honors.  Whenever  and  wherever 
our  forces  have  encountered  the  enemy,  though  he  was  in  vastly 
superior  numbers,  and  often  entrenched  in  fortified  positions  of  his 
own  selection,  and  of  great  strength,  he  has  been  defeated.  Too 
much  praise  cannot  be  bestowed  upon  our  officers  and  men,  regu- 
lars and  volunteers,  for  their  gallantry,  discipline,  indomitable  cour- 
age and  perseverance,  all  seeking  the  post  of  danger,  and  vicing  ■ 
with  each  other  in  deeds  of  noble  daring. 

While  every  patriot's  heart  must  exult,  and  a  just  national  pride 
animate  every  bosom,  in  beholding  the  high  proofs  of  courage,  con- 
stimmate  military  skill,  steady  diciplinc,  and  humanity  to  the  van- 
quished enemy,  exhibited  by  our  gallant  army,  the  nation  is  called 
to  mourn  over  the  loss  of  many  brave  oflicers  and  soldiers  who  have 
fallen  in  defence  of  their  country's  honor  and  interests.  The  brave 
dead  met  their  melancholy  fate  in  a  foreign  land,  nobly  di.schargijig 
their  duty,  and  with  their  country's  flag  waving  triumphantly  in 
the  face  of  the  foe.  Their  patriotic  deeds  are  justly  appreciated, 
and  will  long  be  remembered  by  their  grateful  countrymen.  The 
parental  care  of  the  government  they  loved  and  served  should  be 
extended  to  their  surviving  families. 

Shortly  after  the  adjournment  of  the  last  session  of  Congress, 
the  gratifying  intelligence  was  received  of  tho  signal  victory  of 
Buena  Vista  and  of  the  fall  of  the  city  of  Vera  Cruz,  and  with  it 
the  strong  castle  of  San  Juan  de  UUoa,  by  which  it  was  defended. 
Believing  that  after  these  and  other  successes,  so  honorable  to  our 
arms  and  so  disasterous  to  Mexico,  the  period  was  propitious  to  af- 
ford her  another  opportunity,  if  they  thought  proper  to  embrace  it, 
to  enter  into  negotiations  for  peace,  a  commissioner  was  appointed 
to  proceed  to  the  headquarters  of  our  army,  with  full  powers  to 
enter  upon  negotiations,  and  to  conclude  a  just  and  honorable 
treaty  of  peace.  He  was  not  directed  to  make  any  new  overtures 
of  peace,  but  was  the  bearer  of  a  despatch  from  the  Secretary  of 
State  of  the  United  States,  to  the  Minister  of  Foreign  Affairs  of 
Mexico,  in  reply  to  one  received  from  the  latter  of  the  twenty- 
second  of  February,  1847,  in  which  the  Mexican  government  was 
informed  of  his  appointment,  and  of  his  presence  at  the  headquar- 
ters of  our  army,  and  that  he  was  invested  with  full  powers  to 
conclude  a  definitive  treaty  of  jieiiec,  whenever  the  Mexican  govern- 
ment might  signify  a  desire  to  do  so.  While  I  was  unwilling  to 
subject  the  United  States  to  another  indignant  refusal,  I  was  yet 
resolved  that  the  evils  of  the  war  should  not  be  protracted  a  day 
longer  than  might  be  rendered  absolutely  necessary  by  the  Mexi- 
can government. 

Care  was  taken  to  give  no  instructions  to  the  commissioner 
which  could  in  any  way  interfere  with  our  military  operations,  or 
relax  our  energies  in  the  prosecution  of  the  war.  He  possessed  no 
anthority  in  any  manner  to  control  these  operations.  He  was 
authorized  to  exhibit  his  instructions  to  the  General  in  command 
of  the  army,  and  in  the  event  of  a  treaty  being  concluded  and  rati- 
fied on  the  part  of  Mexico,  he  was  directed  to  give  him  notice  of 
that  fact.  On  the  happening  of  such  a  contingency,  and  on  re- 
ceiving notice  thereof,  the  general  in  command  was  instructed  hy 
the  Secretary  of  War  to  suspend  further  active  military  operations 
until  further  orders.  These  instructsons  were  with  a  view  to  in- 
termit hostilities  until  the  treaty,  thus  ratified  by  Mexico,  could 
be  transmitted  to  Washington,  and  receive  the  action  of  the  gov- 
ernment of  the  United  States. 

The  commissioner  was  also  directed,  on  reaching  the  army,  to 
deliver  to  the  general  in  command  the  despatch  which  he  "bore 
from  the  Secretary  of  State  to  the  Minister  of  Foreign  Aflfairs  of 


Mexico,  and  on  receiving  it,  the  General  was  instructed  by  the 
Secretary  of  War,  to  cause  it  to  be  transmitted  to  the  commander 
of  the  Mexican  forces,  with  a  request  that  it  might  be  communi- 
cated to  his  government. 

The  commissioner  did  not  reach  the  headquarters  of  the  army 
until  after  another  brilliant  victory  had  crowned  our  arms  at  Cerro 
Gordo. 

The  despatch  which  he  bore  from  the  Secretary  of  War  to  the 
general  in  command  of  the  army  was  received  by  that  officer,  then 
at  Jalapa,  on  the  seventh  day  of  May,  1847,  together  with  the 
despatch  from  the  Secretary  of  State  to  the  Minister  of  Foreign 
Affairs  of  Mexico;  having  been  transmitted  to  him  from  Vera 
Cruz.  The  commissioner  arrived  at  the  headquarters  of  the  army 
a  few  days  afterwards.  His  presence  with  the  army  and  his  diplo- 
matic character  were  made  known  to  the  Mexican  governraenl, 
from  Puebla,  on  tl'e  twelfth  of  June,  1847,  by  the  transmission  of 
the  despatch  from  the  Secretary  of  State  to  the  Minister  of  Foreign 
Affairs  of  Mexico. 

Many  weeks  elapsed  after  its  receipt,  and  no  overtures  were 
made,  nor  any  desire  expressed  by  the  Mexican  government  to  en- 
ter into  negotiations  for  peace. 

Our  army  pursued  its  march  upon  the  capital,  and,  as  it  a.\y- 
proached  it,  was  met  by  formidable  resistance.  Our  forces  first 
encountered  the  enemy,  and  achieved  signal  victories  in  the  severe- 
ly contested  battles  ol  Contreras  and  Churubusco.  It  was  not  un- 
til after  these  actions  had  resulted  in  decisive  victories,  and  the 
capital  of  the  enemy  was  within  our  power,  that  the  Mexican  go- 
vernment manifested  any  disposition  to  enter  into  negotiations  for 
peace;  and  even  then,  as  events  have  proved,  there  is  too  much 
reason  to  believe  they  were  insincere,  and  that  in  agreeing  to  go 
through  the  forms  of  negetiation,  the  object  was  to  gain  time  to 
strengthen  the  defences  of  their  capital,  and  to  prepare  for  fresh 
resistance. 

The  general  in  command  of  the  army  deemed  it  expedient  to 
suspend  hostilities  temporarily,  by  entering  into  an  armistice  with 
a  view  to  tho  opening  of  negotiations.  Commissioners  were  ap- 
pointed on  the  part  of  Mexico  to  meet  the  commissioner  on  the 
part  of  the  United  States.  The  result  of  the  conferences  which 
took  place  between  these  functionaries  of  the  two  governments  was 
a  failure  to  conclude  a  treaty  of  peace. 

The  commissioner  of  the  Uuited  States  took  with  him  the  pro- 
ject of  a  treaty  already  prepared,  by  the  terms  of  which  the  indem- 
nity required  by  the  United  States,  was  a  cession  of  territoiy. 

It  is  well  known  that  tlie  only  indemnity  which  it  is  in  the  pow- 
er of  Mexico  to  make  in  satisfaction  of  the  just  and  long  deferred 
claims  of  our  citizens  against  her,  and  the  only  means  by  which 
she  can  reimburse  the  United  States  for  the  expenses  of  tlic  war, 
is  a  cession  to  the  United  States  of  a  portion  of  her  territory 
Mexico  has  no  money  to  pay,  and  no  other  means  of  making  the 
required  indemnity.  If  we  refuse  this,  we  can  obtain  nothing  else. 
To  reject  indemnity,  by  refusing  to  accept  a  cession  of  territory, 
would  be  to  abandon  all  our  just  demands,  and  to  wage  the  war, 
bearing  all  its  expenses,  without  a  purpose  or  definite  object. 

A  state  of  war  abrogates  treaties  previously  existing  between 
the  lielligerents,  and  a  treaty  of  peace  puts  an  end  to  all  claims 
for  indemnity  for  tortious  acts  committed  under  the  authority  of 
one  government  against  the  citizens  or  subjects  of  another,  unless 
they  are  provided  for  in  its  stipulations.  A  treaty  of  peace  which 
would  terminate  the  existing  war,  without  providing  lor  indemni- 
ty, would  enable  Mexico — the  acknowledged  debtor,  and  herself 
the  aggressor  in  the  war — to  relieve  herself  from  her  just  liabilities. 
By  such  a  treaty,  our  citizens  who  hold  just  demands  against  her, 
would  have  no  remedy  either  against  Mexico  or  their  own  govern- 
ment. Our  duty  to  these  citizens  must  forever  prevent  such  a 
peace,  and  no  treaty  which  does  not  provide  ample  means  of  dis- 
charging these  demands  can  receive  my  sanction. 

A  treaty  of  peace  should  settle  all  existing  differences  between 
the  two  countries.  If  an  adequate  cession  of  territory  should  be 
made  by  such  a  treaty,  the  United  States  should  release  Mexico 
from  all  her  liabilities,  and  assume  their  payment  to  our  own  citi- 
zens. If,  instead  of  this,  the  United  States  were  to  consent  to  a 
treaty  by  which  Mexico  should  again  engage  to  pay  the  heavy 
amount  of  indebtedness  which  a  just  indemnity  to  our  government 
and  our  citizens  would  impose  on  her,  it  is  notorious  that  she  does 
not  possess  the  means  to  meet  such  an  undertaking.  From  such  a 
treaty  no  result  could  be  anticipated,  but  the  same  irritating  dis- 
appointments which  have  heretofore  attended  the  violations  of  si- 
milar treaty  stipulations  on  the  part  of  Mexico.  Such  a  treaty 
would  be  but  a  temporary  cessation  of  hostilities,  without  the  re- 
storation of  the  friendship  and  good  understanding  which  should 
characterize  the  future  intercourse  between  the  two  countries. 

That  Congress  contemplated  the  acquisition  of  territorial  i.ndem- 
uity ,  when  that  body  made  provision  for  the  prosecution  of  the  war, 
is  obvious.  Congress  could  not  have  meant — when,  in  May,  1S46, 
they  appropriated  ten  millions  of  dollars,  and  authorised  the  Pre. 
sident  to  employ  the  militia  and  naval  and  military  forces  of  the 
United  States,  and  to  accept  the  services  of  fifty  thousand  volun- 
teers to  enable  him  to  prosecute  the  war;  and  when,  at  their  last 
session,  and  after  our  army  had  invaded  Mexico,  they  made  addi- 
tional appropriations,  and  authorised  the  raising  of  additional 
troops  for  the  same  purpose — that  no  indemnity  was  to  be  obtained 
from  Mexico  at  the  conclusion  of  the  war;  ano  vet,  it  was  certain, 
that  if  no  Mexican  territory  was  acquired,  no  indemnity  could  be 
obtained. 

It  is  further  manifest  that  Congress  contemplated  territorial  in- 
demnity, from  the  fact,  that  at  their  last  session,  an  act  was  pass- 


TEE  PRESIDENT'S  MESSAGE. 


[Tuesday, 


ed,  upon  the  Executive  recommendation,  appiopriatinir  three  mil- 
lions of  dollars  with  that  express  objiic-t.  This  appropriation  was 
made  "to  enable  the  President  to  (.onclude  a  treaty  ol  peace,  limits 
and  boundaries  with  the  Republic  of  Mexico,  to  be  used  by  him  in 
the  event  that  said  treaty,  when  signed  by  the  authorised  agents 
of  the  two  governments,  and  dulj-  ratified  by  Mexico,  shall  call  for 
the  expenditure  of  the  same,  or  anv  part  thereof.''  The  object  of 
asking  this  appropriation  was  distinctly  stated  in  the  several  mes- 
sages on  the  subject  which  I  oommimicatcd  to  Congress.  Similar 
appropriations,  made  in  1803  and  1806,  which  were  referred  to, 
were  intended  to  be  applied  in  part  consideration  for  the  cession  of 
Louisiana  and  the  Floridas.  In  like  manner,  it  was  anticipated, 
that,  in  settling  the  terms  of  a  treaty  of  "  limits  and  boundaries" 
with  Mexico,  a  cession  of  territory,  estimated  to  be  of  greater 
value  than  the  amount  of  our  demands  against  her.  might  be  ob- 
tained; and  that  the  prompt  payment  nf  this  sum — in  part  conside- 
ration for  the  territory  ceded,  on  the  i-oncliision  of  a  treaty,  and  its 
ratification  on  her  part — might  be  an  indurement  with  her  to  make 
such  a  cession  of  territory  as  would  be  satisfactory  to  the  United 
States.  And  although  the  failure  to  conclude  such  a  treaty  has 
rendered  it  uunecossary  to  use  any  part  of  the  three  millions  ol'  dol- 
lars appropriated  by  that  ai'l,  and  the  entire  sum  remains  in  the 
treasury,  it  is  still  applicable  to  that  object,  should  the  contingen- 
cy occur  making  such  application  proper. 

The  doctrine  of  no  territory  is  the  doctrine  of  no  indemnity;  and, 
if  sanctioned,  would  be  a  public  acknowledgement  that  our  coun- 
try was  wrong,  and  that  the  war  declared  by  Conirrcss.  with  ex- 
traordinary unanimitv.  was  unjusi,  and  slMiild  be. abandoned  ;  an 
admission  unfounded  In  fict,  and  degrading  to  the  national  charactr  . 
The  terms  of  the  treaty  proposed  by  the  United  Stales,  were  not 
only  just  to  Mexico,  but,  considering  the  character  and  amount  of 
our  claims,  the  unjustifiable  and  unprovoked  commencement  of 
hostilities  by  her.  the  expenses  of  the  war  to  which  we  have  been 
subjected,  and  the  success  which  Imd  altended  our  arms,  were 
deemed  to  be  of  a  most  liberal  character. 

The  comntissioner  of  the  United  States  was  authorised  to  agree 
to  the  establishment  of  the  Rio  Grande  as  the  boundary,  frcpiu  its 
entrance  into  the  Gulf  to  its  intersection  with  the  southern  boun- 
dary of  New  3Iexico,  in  north  latitude  about  thirty-two  decrees. 
and  to  obtain  a  cession  to  the  United  Slates  of  the  provinces  of 
Xew  Mexico  and  the  Califoniias,  and  the  privilege  of  the 
ri"ht  of  way  across  the  isthmus  of  Tchuantepee.  The  boundary 
of  the  Rio  Grande,  and  the  ce.«sion  to  the  United  States  of  New 
Mexico  and  Upper  California,  constituted  an  ultimatum  whicli  our 
commissioner  was.  under  no  circuiustances,  to  yield. 

That  it  might  be  manifest  not  only  to  Mexico,  but  lo  all  other 
nations,  that  the  United  States  wore  not  disposed  to  take  advan- 
tage of  a  feeble  power,  by  insisting  upon  wresting  from  her  all  the 
other  provinces,  including  many  of  her  principaftowns  and  cities, 
which  we  had  concpiered  and  held  in  our  mditary  occupation,  but 
were  willing  to  conclude  a  treaty  in  a  spirit  of  liberality,  our  com- 
missioner was  authorized  to  stijHilate  for  the  restoration  to  Mexico 
of  all  our  other  conquests. 

As  the  territory  to  be  acquired  by  the  boundary  proposed  might 
be  estimated  to  be  of  greater  value  than  a  fair  equivalent  for  our 
just  demands,  our  commissioner  was  authorized  to  stipulate  for 
the  payment  of  such  additional  pecuniary  consideration  as  was 
deemed  roasonable. 

The  terms  of  a  treaty  proposed  by  the  Mexican  cominissioners 
were  wholly  inadmissible.  They  negotiated  as  if  Mexico  were 
the  victorious,  and  not  the  vanei'iiished  party.'  Thev  must  have 
known  that  their  ultimatm  could  never  be  accepted.  It  required 
tho  United  States  to  dismember  Texas,  by  surrendering  to  Mexico 
that  part  of  the  territory  of  that  State  lying  between  the  Nueces 
and  the  Rio  Grande,  included  within  her  limits  by  her  laws  when 
she  was  an  independent  repulilic,  and  when  she  was  annexed  to  the 
United  States  and  admitted  by  Congress  as  one  of  .the  States  of 
our  Union.  It  contained  no  provision  for  the  payment  by  Mexico 
iif  the  just  claims  of  our  citizens.  It  required  indemnity" to  Mexi- 
can citizens  for  injuries  they  have  sust.-iiiied  liv  our  troops  in  the 
prosecution  of  the  war.  It  demanded  the  right  for  Mexico  to  le\T 
and  collect  the  Mexican  tariff  of  duties  on  ^'oods  imported  into  he"r 
ports  while  in  our  military  occupation  during  the  war  and  the 
"wners  of  which  had  paid  to  officers  of  tho  United  State's  ihi.  mil 
itary  contributions  which  had  been  levied  upon  them:  and  it  oUcrc-d 
to  cede  to  tho  United  States,  for  a  pecuniary  consideration  thai 
pan  of  Upner  California  lying  north  of  latitude  thirty-seve'ii  dc 
grees.  Such  were  the  unreasonable  terms  proposed  by  the  Me\i 
can  commissioners. 

The^  cession  to  the  United  States  by  Mexico,  of  I  ho  provinces  of 
.Vew  Mexico  and  the  Cahlornias,  as  ],roposed  bv  the  coumiissioner 
ol  the  United  States,  it  was  believed,  wouhl  be  more  in  accord 
ancc  with  tho  convenience  and  interests  of  both  nations  than'  anv 
other  cession  ol  territory  whhdi  it  was  probable  Mexico  cotdd  b"o 
induced  lo  make. 

It  is  nianifest  to  all  who  have  observed  the  actual  <'ondition  of 
the  McxKMin  governmeni ,  for  some  years  past,  and  at  present  that 
if  these  provinces  shmild  be  retained  by  her,  she  could  not  lon-r 
fontiniic  to  h(dd  and  govern  them.  Mexico  is  too  feeble  a  powcT- 
to  govern  these  provinces,  lying  as  they  do  at  a  distance  of  more 
than  a  thousand  miles  Irom  her  capital;  and,  if  nitempted  to  be  re- 
tamed  by  her,  they  would  constitute  but  for  a  short  time,  even  no- 
minally, a  part  ol  her  dominions. 

This  would  be  .■specially  the  case  with  Upper  California  The 
sagacity  of  powerful  European  nations  hns  long  since  directed  their 
Httonlion  to  the  commercial  importance  of  that  province  and  there 


can  bo  little  doubt  that  the  moment  the  United  States  shall  relin- 
quish their  present  occupation  of  it,  and  their  claim  to  it  as  indem- 
nity, an  effort  will  be  made  by  some  foreign  power  to  possess  it, 
cither  by  conquest  or  by  purchase.  If  no  foreign  government  should 
acquire  it  in  either  of  these  modes,  an  independent  revolutionary 
government  would  probably  be  established  by  the  inhabitants,  aneJ 
such  forcisners  as  may  remain  in  or  remove  to  the  country,  as 
soon  as  it  shall  be  known  that  the  United  Slates  have  abandoned 
it.  Such  a  government  would  be  too  feeble  long  to  maintain  its 
separate  independent  existence,  and  would  finally  become  annex- 
ed to,  or  be  a  dependent  colony  of,  some  more  powerful  State. 

Should  any  foreign  government  attempt  to  possess  it  as  a  colo- 
ny, or  otherwise  to  incorporate  it  with  it.self,  Ihe  principle  avowed 
by  President  Monroe,  in  182-1,  and  reaffirmed  in  ray  first  annual 
message,  that  no  foreign  power  shall,  with  our  consent,  be  permit- 
ted to  plant  or  establish  any  new  colony  or  dominion  on  any  part 
of  the  North  American  continent,  must  be  maintained.  In  main- 
taining this  principle,  and  in  resisting  its  invasion  by  any  foreign 
power,  wc  might  be  involved  in  other  wars  more  expensive  aiid 
more  difficult  than  that  in  which  wo  are  now  engaged. 

The  provinces  of  New  Mexico  and  the  Californias  are  contigu- 
ous to  the  territories  of  the  United  States,  and  if  brought  under 
the  gnvernincnt  of  our  laws,  their  resources — mineral,  agricultu- 
ral, manufacturing,  and  commercial — would  soon  be  developed. 

Upper  California  is  bounded  on  the  north  by  our  Oregon  posses, 
sions  ;  and  if  held  by  the  United  States,  would  soon  be  settled  by 
a  hardy,  enterprising,  and  intelligent  portion  of  our  population, — 
The  bay  of  San  Francisco,  and  other  harbors  along  the  California 
coast,  wuiild  allbrd  shelter  for  our  navv',  for  our  numerous  whale 
ships,  and  other  merchant  vessels  employed  in  the  Pacific  ocean, 
and  would  in  a  short  period  become  tlie  marts  of  an  extensive  and 
profitable  commerce  with  China,  and  other  countries  of  the  East. 

These  advantaijes,  in  which  the  whole  commercial  world  would 
participate,  would  at  once  be  secured  to  the  United  States  bv  the 
cession  of  this  territory;  while  it  is  certain  that  as  long  as'it  re- 
mains a  part  of  the  Mexican  dominions,  they  can  be  enjoyed  nei- 
ther by  Mexico  herself  nor  by  any  other  nation. 

New  Mexico  is  a  frontier  province,  and  has  never  been  of  any 
considerable  value  to  Mexico.  From  its  locality,  it  is  naturallv 
connected  with  our  western  settlements.  The  territorial  limits  of 
the  State  of  Texas,  too,  as  defined  by  her  laws,  before  her  admis- 
sion into  our  Union,  embrace  all  that  portion  of  New  Mexico  Ivin"- 
east  of  the  Rio  Grande,  while  Mexico  still  claims  to  hold  this" ter- 
ritory as  a  part  of  her  dominions.  The  adjustment  of  this  ques- 
tion of  boundarv  is  important. 

There  is  another  consideration  which  induced  the  belief  that  tho 
Mexican  government  might  even  desire  to  place  this  province 
under  the  protection  of  the  government  of  the  United  States. — 
Numerous  bauds  of  tierce  and  warlike  savages  wander  over  it.  and 
upon  its  borders.  Mexico  has  been,  and  must  continue  to  be.  too 
feeble  to  restrain  them  from  comniittinn-  depredations,  robberies 
aud  murders,  not  only  upon  tho  inhabitants  of  New  Mexico  itself, 
but  upon  those  of  the  other  northern  States  of  Mexico.  It  would 
be  a  blessing  to  all  these  northern  States  to  have  their  citizens 
protected  against  them  by  the  power  of  the  United  States.  At 
this  moment  many  Mexicans,  principally  females  and  children,  are 
in  captivity  among  them.  II  New  Mexico  were  held  and  governed 
by  the  United  States,  we  could  eirectually  prevent  these  tribes  from 
committing  such  outrages,  and  compel  them  to  release  these  cap- 
tives, and  restore  them  to  their  families  and  friends. 

In  proposing  to  acquire  New  Mexico  and  the  Californias,  it  was 
known  that  but  an  inconsiderable  portion  of  the  Mexican  people 
would  be  transferred  with  them,  the  country  embraced  within  these 
provinces  being  chiefly  an  uninhabited  region. 

These  were  the  leading  considerations  which  induced  me  to 
authorize  the  terms  of  peace  which  were  proposed  to  Mexico. 
They  were  rejected;  and,  negotiations  being  at  an  end,  hostilities 
were  renewed.  An  assault  was  made  by  our  gallant  army  upon 
the  strongly  fortified  places  near  the  city  of  Mexico  and  upon  the 
city  itsell;  and  after  several  days  of  severe  conflict,  the  Mexican 
forces — vastly  superior  in  numbers  to  our  own — wore  driven  from 
the  city,  and  it  was  occupied  by  our  troops. 

Immediately  after  information  was  received  of  the  unfavorable 
result  of  the  negotiations,  believing  that  his  continued  presence 
with  the  army  could  be  productive  of  no  good,  I  determined  to 
recall  our  commissioner.  A  despatch  to  this  ellcct  was  transmit- 
ted to  him  on  the  sixth  of  October  last.  The  Mexican  govern- 
ment will  be  informed  of  his  recall;  and  that,  in  the  exi.sting  state 
of  things,  I  shall  not  deem  it  proper  to  make  any  further  overtures 
ol  peat^e,  but  shall  be  at  all  times  ready  lo  receive  and  consider 
any  prciposals  which  may  be  made  by  Mexico. 

Since  iliu  liberal  propositiiin  of  the  United  States  was  authorized 
to  be  iiiiide  in  April  last,  large  expenditures  have  been  incurred, 
and  the  precious  blood  of  many  of  our  patriotic  fellow-citizens  has 
been  shed  in  the  prosecution  of  the  war.  This  consideration,  and 
I  he  obstinate  perseverance  of  Mexico  in  protracting  the  war,  must 
influence  the  terms  of  peace  which  it  may  be  deemed  proper  here- 
after to  aci'cpt. 

Our  arms  having  been  everywhere  victorious,  having  subjected 
lo  <mr military  occupation  a  large  portion  of  the  enemy's  country, 
including  his  capital,  and  negotrations  for  peace  having  failed,  the 
unportant  questions  arise,  in  what  manner  the  war  ought  to  be 
prosecuted  ?  and  what  should  be  our  future  policy  ?  "T  cannot 
doubt  that  wc  should  secure  and  render  available  the  conquests 
which  we  have  already  made;  and  that,  with  this  view,  we  should 
hold  and  occupy,  by  our  naval  and  military   forces,  all  the  ports, 


December  7] 


THE  PRESIDENT'S  MESSAGE. 


towns,  cities,  and  provinces  now  in  oiir  occupation,  or  which  may 
hereafter  fall  into  oitr  possession;  that  wc  should  press  forward 
our  military  operations,  and  levy  such  military  contributions  on 
the  enemy,  as  may,  as  far  as  practicable,  defray  the  future  expen- 
ses of  the  war. 

Had  the  government  of  Mexico  acceded  to  the  equitable  and  lib- 
eral terms  proposed,  that  mode  of  adjustment  would  have  been 
preferred  Mexico  havinp;  declined  to  do  this,  and  failed  to  ofli?r 
any  other  terms  which  could  be  accepted  by  the  United  .States, 
the  national  honor,  no  less  than  the  public  interests,  requires  that 
the  war  should  be  prosecuted  with  increased  energy  and  power, 
until  a  just  and  satisfactory  peace  can  be  obtained.  In  the  mean- 
time, as  Me.xieo  refuses  all  indemnity,  we  should  adopt  measures 
to  indemnify  ourselves,  by  appropriating  permanently  a  portion  of 
her  territory.  Early  after  the  commencement  of  the  war,  New 
Mexico  and  the  Californias  were  taken  possession  of  by  our  forces. 
Our  military  and  naval  commanders  were  ordered  to  conquer  and 
hold  them,  subject  to  be  disposed  of  by  a  treaty  of  peace. 

These  provinces  are  now  in  our  undisputed  occupation,  and  have 
been  so  for  many  months,  all  resistance  on  the  part  of  Mexico 
having  ceased  within  their  limits.  I  am  satisfied  that  they  should 
never  be  siu-rendered  to  Mexico.  Should  Congress  concur  with 
me  in  this  opinion,  and  they  should  be  retained  by  the  United  States 
as  indemnity,  I  can  perceive  no  good  reason  why  the  civil  juris- 
diction and  laws  of  the  United  States  should  not  at  once  be  ex- 
tended over  them.  To  wait  for  a  treaty  of  peace,  such  as  we  are 
wUling  to  make,  by  which  our  relations  towards  them  would  not 
be  changed,  cannot  be  good  policy;  whilst  our  own  interest,  and 
that  of  Ihe  people  inhabiting  them,  require  that  a  stable,  respon- 
sible and  free  government,  under  our  authority,  should,  as  soon  as 
possible,  be  established  over  them.  Should  Congress,  therefore, 
determine  to  hold  tliesc  provinces  permanently,  and  that  they  shall 
hereafter  be  considered  as  (constituent  parts  of  our  country,  the 
early  establishment  of  territorial  governments  over  them  will  be 
important  for  the  more  perfect  protection  of  persons  and  property; 
and  I  recommend  that  .such  territorial  governments  be  established. 
It  will  promote  peace  and  tranquility  among  the  inhabitants,  by 
allaying  all  apprehension  that  they  may  still  entertain  of  being 
again  subjected  to  the  jurisdiction  of  Mexico.  I  invite  the  early 
and  favorable  consideration  of  Congress  to  this  important  subject. 

Besides  New  Mexico  and  the  Californias,  there  are  other  Mex- 
ican provinces  which  have  been  reduced  to  our  possession  by  con- 
quest. These  other  Mexican  provinces  are  now  governed  by  our 
military  and  naval  commanders,  under  the  general  authority 
which  is  conferred  upon  a  conqueror  by  the  laws  of  war.  They 
should  continue  to  be  held  as  a  means  of  coercing  Mexico  to  ac- 
cede to  just  terms  of  peace.  Civil  as  well  as  military  officers  are 
required  to  conduct  such  a  government.  Adequate  compensation, 
to  be  drawn  from  contributions  levied  on  the  enemy,  should  be 
fixed  by  law  for  such  officers  as  may  be  thus  employed.  What 
further  provision  may  become  necessary,  and  what  final  disposi- 
tion it  may  be  proper  to  make  to  them,  must  depend  on  the  future 
progress  of  the  war,  and  the  course  which  Mexico  may  think  pro- 
perty hereafter  to  pursue. 

With  the  \'iews  I  entertain,  I  cannot  favor  the  policy  which  has 
been  suggested,  either  to  withdraw  our  army  altogether,  or  to  re- 
tire to  a  designated  line,  and  simply  hold  and  defend  it.  To  with- 
draw our  army  altogether  from  the  conquests  they  have  made  by 
deeds  of  unparalleled  bravery,  and  at  the  expense  of  so  much 
blood  and  treasure,  in  a  just  war  on  our  part,  and  one  which,  by 
the  act  of  the  enemy,  we  could  not  honAably  have  avoided, 
would  be  to  degrade  the  nation  in  its  own  estimation  and  in  that 
of  the  world. 

To  retire  to  a  line,  and  simply  hold  and  defend  it,  would  not 
terminate  the  war.  On  the  contrary,  it  would  encourage  Mexico 
to  persevere,  and  tend  to  protract  it  indefinitely.  It  is  not  to  be 
expected  that  Mexico,  after  refusing  to  establish  such  a  line  as  a 
permanent  boundary,  when  our  victorious  army  are  in  possession 
of  her  capital,  and  in  the  heart  of  her  country,  would  permit  us  to 
hold  it  without  resistance.  That  she  would  continue  the  war,  and 
in  the  most  harrassing  and  annoying  forms,  there  can  be  no  doilbl . 
A  border  warfare  of  the  most  savage  character,  extending  over  a. 
long  line,  would  be  unceasingly  waged.  It  would  require  a  large 
array  to  b^  kept  constantly  in  the  field,  stationed  at  posts  and  gar- 
risons along  such  a  line,  to  protect  and  defend  it.  The  enemy, 
relieved  from  the  pressure  of  our  arras  on  his  coasts  and  in  the 
populous  parts  of  the  interior,  would  direct  his  attention  to  this 
line,  and,  selecting  an  isolated  post  for  attack,  would  concentrate 
his  forces  upon  it.  This  would  be  a  condition  of  affairs  which  the 
Mexicans,  pursuing  their  favorite  system  of  guerrilla  warfiirc, 
would  probably  prefer  to  any  other.  Were  we  to  assume  a  de- 
fensive attitude  on  such  a  line,  all  the  advantages  of  such  a  state 
of  war  would  be  on  the  side  of  the  enemy.  We  could  levy  no 
contributions  upon  him,  or  in  any  other  way  make  him  feel  the 
■pressure  of  the  war,  but  must  remain  inactive  and  await  his  ap- 
proach, being  in  constant  uncertainty  at  what  point  on  the  line, 
or  at  what  time,  he  might  make  an  assaiilt.  He  may  assemble 
and  organize  an  overwhelming  force  m  the  interior,  on  his  own 
side  of  the  line,  and,  concealing  his  purpose,  make  a  sudden  as- 
sault upon  some  one  of  our  posts  so  distant  from  any  other  as  to 
prevent  the  possibility  of  timely  succor  or  reinforcements;  and  in 
this  way  our  gallant  army  would  be  exposed  to  the  dangers  of  be- 
ing cut  ofl"  in  detail  ;  or  if,  by  their  unetpiallcd  bravery  and  prow- 
ess everywhere  exhibited  during  this  war,  tliey  should  repulse  the 
enemy,  their  numbers  stationed  at  a«iy  one  post  may  bo  too  small 
to  pursue  him.     If  the  enemy  be  repulsed  in  one  attack,  he  would 


have  nothing  to  do  but  to  retreat  to  his  own  side  of  the  line,  and, 
being  in  no  fear  of  a  pursuing  army,  may  reinforce  himself  at  lei- 
sure, for  another  attack  on  the  same  or  some  other  post.  He 
may,  too,  cross  the  line  between  our  posts,  make  rapid  incursions 
into  the  country  which  we  hold,  murder  the  inhabitants,  commit 
depredations  on  them,  and  then  retreat  to  the  interior  before  a 
suflicient  force  can  be  concentrated  to  pursue  him.  Such  would 
probably  be  the  harrassing  character  of  a  mere  defensive  war  on 
our  part.  If  our  Ibrces,  wTien  attacked,  or  threatened  with  at- 
tack, be  permitted  to  cross  the  line,  drive  back  the  enemy,  and 
conquer  him,  this  would  be  again  to  invade  the  enemy's  country, 
after  having  lost  all  the  advantages  of  the  conquests  we  have 
already  made  by  having  voluntarily  abandoned  them.  To  hold 
such  a  line  successfully  and  in  security,  it  is  far  from  being  certain 
that  it  would  not  require  as  large  an'army  as  would  be  necessary 
to  hold  all  the  conquests  we  have  already  made,  and  to  continue 
the  prosecution  of  the  w'ar  in  the  heart  of  the  enemy's  country. 
It  is  also  far  from  being  certain  that  the  expenses  of  the  war 
would  be  diminished  by  such  a  pi.licy. 

I  am  persuaded  that  the  best  means  of  vindicating  the  national 
honor  and  interest,  and  of  bringing  the  war  to  an  honorable  close, 
wiU  be  to  prosecute  it  with  increased  energy  and  power  in  the  vital 
parts  of  the  enemy's  country. 

In  my  annual  message  to  Congress  of  December  last,  I  declared 
that  "the  war  had  not  been  waged  with  a  view  to  conquest;  but 
having  been  commenced  by  Mexico,  it  has  been  carried  into 
the  enemy's  country,  and  will  be  vigorously  prosecuted  there,  with 
a  view  to  obtain  an  honorable  peace,  and  thereby  secure  ample 
indemnity  for  the  expenses  of  the  war,  as  well  as  to  our  much  in- 
jured citizens,  who  hold  large  pecuniary  demands  against  Mexico." 
Such,  in  my  judgment,  contuiues  to  be  our  true  policy — indeed, 
the  only  policy  which  will  probably  secure  a  permanent  peace. 

It  has  never  been  contemplated  by  me,  as  an  object  of  the  war, 
to  make  a  permanent  conquest  of  the  republic  of  Mexico,  or  to  an- 
nihilate her  separate  existence  as  an  independent  nation.  On  the 
contrary,  it  has  ever  been  ray  desire  that  she  should  maintain  her 
nationality,  and,  under  a  good  government,  adapted  to  her  condi- 
tion, be  a  free,  independent,  and  prosperous  republic.  The  Uuited 
States  were  the  first  among  the  nations  to  recognize  her  indepen- 
dence, and  have  always  desired  to  bo  on  terms  of  amity  and  good 
neighborhood  with  her.  This  she  would  not  suflcr.  By  her  own  f 
conduct  we  have  been  compelled  to  engage  in  the  present  war.  In 
its  prosecution,  we  seek  not  to  overthrow  her  as  a  nation,  but,  in 
vindicating  our  national  honor,  we  seek  to  obtain  redress  for  the 
wTongs  she  has  done  us,  and  indemnity  for  our  just  demands  against 
her.  We  demand  an  honorable  poace;  and  that  peace  must  bring 
with  it  indemnity  for  the  past  and  security  for  the  future.  Hitherto 
Mexico  has  refused  all  accommodation  by  wliich  such  a  peace 
could  be  obtained. 

Whilst  our  armies  have  advanced  from  victory  to  victory,  from 
the  commencement  of  the  war,  it  has  always  been  with  the  olive 
branch  of  peace  in  their  hands;  and  it  has  been  in  the  power  of 
Mexico,  at  every  step,  to  arrest  hostilities  by  accepting  it. 

One  great  obstacle  to  the  attaimiient  of  peace  bas,u"ndoubtedly, 
arisen  from  the  fact,  that  Mexico  has  been  so  long  held  in  subjec- 
tion by  one  faction  or  military  usurper  after  another,  and  such  has 
been  the  condition  of  insecurity  in  which  their  successive  govern- 
ments have  been  placed,  that  each  has  been  deterred  from  making 
peace,  lest,  for  this  very  cause,  a  rival  faction  might  expel  it  from 
power.  Such  was  the  fate  of  President  Herrera's  administration 
in  1845,  for  being  disposed  even  to  hston  to  the  overtures  of  the 
United  States  to  prevent  the  war,  as  is  fully  confirmed  by  an  offi- 
cial correspondence  iWii^'b  took  place  in  the  month  of  August  last, 
between  him  and  his  government,  a  copy  of  which  is  herewith 
communicated.  "For  tliis  cause  alone,  the  revolution  which  dis- 
placed him  from  power  was  set  on  foot"  by  General  Paredes.  Such 
may  be  the  condition  of  insecurity  of  the  present  government. 

There  can  be  no  doubt  that  the  peaceable  and  well-disposed 
inhabitants  of  Mexico  are  convinced  that  it  is  the  true  interest  of 
their  country  to  conclude  an  honorable  peace  with  the  United 
States;  but  the  apprehension  of  becoming  the  victims  of  some  mil- 
itary faction  or  usurper  may  have  prevented  them  from  manifesting 
their  feelings  by  any  public  act.  The  removal  of  anv  such  appre- 
hension would  probably  cause  them  to  speak  their  sentiments  freely, 
and  to  adopt  the  measures  necessary  for  the  restoration  of  peace. 
With  a  people  distracted  and  divided  by  contending  factions,  and  a 
government  subject  to  constant  changes,  by  successive  revolutions, 
the  continued  successes  of  our  arms  may  fail  to  secure  a  satisfacto- 
ry peace.  In  such  event,  it  may  become  proper  for  our  command- 
ing generals  in  the  field  to  give  encouragement  and  assurances  of 
protection  to  the  frends  of  peace  in  Mexico  in  the  establishment 
and  maintenance  of  a  free  republican  government  of  their  own 
choice,  able  and  willing  to  conclude  a  peace  which  would  be  just 
to  them,  and  secure  to  us  the  indemnity  we  demand.  This  mav 
become  the  only  mode  of  obtaimng  such  a  peace.  Should  such  be 
the  result,  the  war  which  Mexico  has  forced  upon  ns  woidd  thus  be 
converted  into  an  enduring  blessing  to  herself.  After  finding  her 
torn  and  distracted  by  factions,  and  ruled  by  military  usurpers,  we 
should  then  leave  her  with  a  republican  £;overnment,  in  the  enjoy- 
ment of  real  independence,  and  domestic  peace  and  prosperity, 
performing  all  her  relative  duties  in  the  great  family  of  nations, 
and  promoting  her  own  happiness  by  wise  laws  and  their  faithful 
execution. 

If,  after  affording  this  encouragement  and  protection,  and  after 
all  the  persevering  and  sincere  efforts  we  have  made,  from  the 
moment  Mexico  commenced  the  war,  and  prior  to  that  time,  to 


THE  PRESIDENT'S  MESSAGE. 


[Tuesday, 


adjust  our  differences  with  her,  wo  shall  ultimately  fail,  then  we 
shall  have  exhausted  all  honorable  means  in  pursuit  of  peace,  and 
must  continue  lo  occupy  her  country  with  our  troops,  taking  the 
full  measure  of  indemnity  into  our  own  hands,  and  must  enforce 
the  terras  which  our  honor  demands. 

To  act  otherwise,  in  the  existing  state  of  things  in  Mexico,  and 
to  withdraw  our  army  without  a  peace,  would  not  only  leave  all 
the  wrongs  of  which  we  complain  unredressed,  but  would  be  the 
signal  for  new  and  fierce  civil  dissensions  and  new  revolutions — 
all  alike  hostile  to  peaceful  relations  with  the  United  States. 

Besides,  there  is  danger,  if  our  troops  were  witlidrawn  before  a 
peace  was  concluded,  that  the  Mexican  people,  wearied  with  suc- 
cessive revolutions,  and  deprived  of  protection  for  their  persons 
and  property,  might  at  leng^|i  be  inclined  to  yield  to  foreign  in- 
fluences, anil  to  cast  themselves  into  tho  arms  of  some  European 
monarch  for  protection  from  the  anarcliy  and  suffering  which 
would  ensue.  This,  for  our  own  safety,  and  in  pursuance  of  om- 
established  policy,  we  should  bo  compelled  to  resist.  We  could 
never  consent  that  Mexico  should  be  thus  converted  into  a  mon- 
archv  "ovcrned  by  a  foreign  prince. 

Jlexieo  is  our  near  neighbor,  and  her  boundaries  are  cotermi- 
nous with  our  own,  through  the  whole  extent  across  the  North 
American  continent,  from  ocean  to  ocean.  Both  politically  and 
commercially,  we  have  the  deepest  interest  in  her  regeneration 
and  prosperity  Indeed,  it  is  impossible  that,  with  any  just  regard 
to  our  own  safety,  we  can  ever  become  indifferent  to  her  fate. 

It  may  be  that  the  Mexican  government  and  people  have  mis- 
construed or  misunderstood  our  forbearance,  and  our  objects,  in 
desiring  to  conclude  an  amicable  adjustment  of  the  existing  differ- 
ences between  the  two  countries.  They  may  have  supposed  that 
we  would  .submit  to  terms  degrading  to  the  nation;  or  they  m.ay 
have  drawn  false  inferences  from  the  supposed  division  of  opinion 
in  the  United  States  on  the  subject  of  the  war,  and  may  have  cal- 
culated to  gain  much  by  protrac'ing  it;  and,  indeed,  that  we 
might  ultimately  abandon  it  altogether,  without  insisting  on  any 
indemnity,  terrftorial  or  otherwise.  Whatever  may  be  the  false 
impressions  under  which  they  have  acted,  the  adoption  and  prose- 
cution of  the  energetic  policy  proposed  must  soon  undeceive  them. 
In  the  future  pro.seciition  ot  the  war,  the  enemy  must  be  made 
to  feel  its  pressure  more  than  they  have  heretofore  done.  At  its 
commencement,  it  was  deemed  jiniper  to  conduct  it  in  a  spirit  of 
forbearance  and  liberality.  With  this  end  in  view,  early  measures 
were  adopted  to  conciliate,  as  far  as  a  state  of  war  would  permit, 
the  mass  of  the  Mexican  population ;  to  convince  them  that  the 
war  was  waged  not  against  the  peaceful  inhabitants  of  Mexico, 
but  against  their  faithless  government,  which  had  commenced  hos- 
tilities; to  remove  from  their  minds  the  false  impressions  which 
their  designing  and  interested  rulers  had  artfully  attempted  to 
make,  thai  the  war  on  our  part  was  one  of  conquest;  tqat  it  was  a 
war  against  their  religion  and  their  churches,  which  were  to  be 
desecrated  and  overthrown;  and  that  thejr  rights  of  person  and 
private  property  would  be  violated.  To  remove  these  false  im- 
pressions, our  commanders  in  the  field  were  directed  scrupulously 
10  respect  their  religion,  their  churches,  and  their  church  property, 
which  were  in  no  manner  to  be  violated;  they  were  directed  also, 
to  respect  the  rights  of  persons  and  jiroperty  of  all  who  should  not 
take  take  up  arms  against  us. 

Assurances  to  this  effect  were  given  to  the  Mexican  people  by 
Major  General  Taylor,  in  a  proclamation  issued  in  pnrsuance  of 
instructions  from  the  Secretary  of  War.  in  the  month  of  June. 
1S46,  and  again  by  Major  General  Scott,  who  acted  upon  his  own 
convictions  of  the  propriety  of  issuing  it,  in  a  proclamation  of  the 
1 1th  of  May,  1847. 

In  this  spirit  of  liberality  and  conciliation,  and  with  a  view  to 
prevent  the  body  of  the  Mexican  population  from  taking  up  arms 
against  us,  war  the  war  conducted  on  our  part.  Provisions  and 
other  supplies  furnished  to  our  army  by  Mexican  citizens  were 
paid  for  at  fair  and  liberal  prices  agreed  upon  by  the  parties.  After 
the  lapse  of  a  few  months,  it  became  apparent  that  these  assur- 
ances, and  this  mild  treatment,  had  failed  to  produce  the  desired 
effect  upon  the  Mexican  population.  While  the  war  had  been 
conducted  on  our  part  according  to  the  most  humane  and  liberal 
principles  observed  by  civilized  nations,  it  was  waged  in  a  far  dif. 
Icrent  spirit  on  the  part  of  Mexico.  Not  appreciating  our  for- 
bearance, the  Mexican  ncople  Generally  became  hostile  to  the 
United  States,  and  availed  thcmsc'Ivcsor  every  opportunity  to  com- 
mit the  most  savage  excesses  upon  our  troops.  Large  numbers  of 
the  population  took  up  arms,  and,  eng.aging  in  guerilla  warfare, 
robbed  and  murdered  in  the  most  crnol' manner,  individual  soldiers, 
or  small  parties,  whom  accident  or  other  causes  had  separated 
from  tho  main  body  of  our  army;  bands  of  guorilleros  and  robbers 
infested  tho  roads,  harassed  our  trains,  and,  whenever  it  was  in 
their  power,  cut  off  our  supplies. 

The  Mexicans  haying  thus  shown  themselves  to  be  wholly  in- 
capable of  appreciating  our  forbearance  and  liberality,  it  was 
deemed  proper  to  change  the  manner  of  conducting  the  war,  by 
making  them  feel  its  pressure  according,'  to  the  usages  observed 
under  similar  circumstances  by  all  other  civilized  nations. 

Accordingly,  as  early  us  the  twenty-second  of  September,  1846, 
inmructions  were  given  by  the  Secretnrv  ol  War  to  Major  General' 
Taylor  to  'ilrnw  supplies"  for  our  army  ''from  the  enemy,  with- 
out paying  for  them,  and  lo  roipiire  contributions  for  its  support, 
if  in  that  way  ho  was  satislied  ho  could  get  abundant  supplies  fur 
his  forces."  In  directing  tho  execution  of  these  instructions,  much 
was  necessarily  left  to  the  discretion  of  the  commanding  officer 
who  was  best  acquainted  with  the  circumstances  by  which  ho  was 


surrounded,  the  wants  of  the  army,  and  the   practicability  of  en- 
forcing the  measure. 

General  Taylor,  on  the  twenty-sixth  of  October,  1846,  replied, 
from  Monterey,  that  "it  would  have  been  impossible  hitherto,  and 
is  so  now,  to  sustain  the  army  to  any  extent  by  forced  contribu- 
tions of  money  or  supplies."  For  the  reasons  assigned  by  him, 
he  did  not  adopt  the  policy  of  his  instructions,  but  declared  his 
readiness  to  do  .so,  "should  the  army,  in  its  future  operations, 
reach  a  portion  of  the  country  which  may  be  made  to  supply  the 
troops  with  advantage."  He  continued  to  pay  for  the  articles  of 
supply  which  were  drawn  from  the  enemy's  country. 

Similar  instructions  were  issued  to  Major  General  Scott  on  the 
third  of  April,  1747,  who  replied  from  Jalapa,  on  the  twentieth  of 
May,  1S47,  that  if  it  be  expected  "that  the  army  is  to  support 
itself  by  forced  contributions  levied  upon  the  country,  we  may  ruin 
and  exasperate  the  inhabitants,  and  starve  ourselves."  The  same 
discretion  was  given  to  him  that  had  been  to  General  Taylor  in 
this  respect.  General  Scott,  for  the  reasons  assigned  by  him,  also 
continued  to  pay  for  the  articles  of  supply  for  the  army  which 
were  drawn  from  the  enemy.  ' 

After  the  army  had  readied  the  heart  of  the  most  wealthy  por- 
tion of  Mexico,  it  was  suppo.sed  that  the  obstacles  which  had  be- 
fore that  time  prevented  it  would  not  be  such  as  to  render  imprac- 
ticable the  levy  of  forced  contributions  for  its  support;  and  on  the 
first  of  September,  and  again  on  the  sixth  of  October,  1847,  the 
order  was  repeated  in  despatches  addressed  by  the  Secretary  of 
War  to  General  Scott,  and  his  attention  was  again  called  to  the 
importance  of  making  the  enemy  bear  the  burdens  of  the  war  by 
requiring  them  to  furnish  the  means  of  supporting  our  army;  and 
he  was  directed  to  adopt  this  policy,  unless,  by  doing  so,  there 
was  danger  of  depriving  the  army  of  the  necessarj'  supplies.  Co- 
pies of  these  despatches  were  forwarded  to  General  Taylor  for  his 
government. 

On  the  thirty-first  of  March  last,  I  caused  an  order  to  be  issued 
to  our  military  and  naval  commanders  to  levy  and  collect  a  mili- 
tary contribution  upon  all  vessels  and  merchandize  which  might 
enter  any  of  the  ports  of  Mexico  in  our  military  occupation,  and 
to  apply  such  contributions  towards  defraying  the  expenses  of  the 
war.  By  virtue  of  the  right  of  conquest  and  the  laws  of  war, 
the  conqueror,  consulting  his  own  safety  or  convenience,  may  either 
exclude  foreign  commerce  altogether  from  all  such  ports,  or  per- 
mit it  upon  such  terms  and  conditions  as  he  may  prescribe.  Be- 
fore the  principal  ports  ol  Mexico  were  blockaded  by  our  navy, 
the  revenue  derived  from  impost  duties,  under  the  laws  tf  Mexico, 
was  paid  into  the  Mexican  treasury.  After  these  ports  had  fallen 
into  our  military  possession,  the  blockade  was  raised,  and  com- 
merce with  them  iicrmittcd  upon  prescribed  terms  and  conditions. 
They  were  opened  to  the  trade  of  all  nations  upon  the  payment 
of  duties  more  moderate  in  their  amonnt  than  those  which  had 
been  previously  levied  by  Mexico;  and  the  revenue,  which  was  form- 
erly paid  into  the  Mexican  treasmy,  was  directed  to  be  collected 
by  our  military  and  naval  officers,  and  applied  to  the  use  of  our 
army  and  navy.  Care  was  taken  that  the  officers  soldiers  and  ;  ail- 
ors  of  our  army  and  navy  should  be  exempted  from  the  operations 
of  the  order;  and  as  the  merchandize  imported  upon  which  the 
order  operated  must  be  consumed  by  Mexican  citizens,  the  contri- 
butions exacted  were,  in  effect,  the  seizure  of  the  public  revenues 
of  Mexico,  and  the  application  of  them  to  our  own  use.  In  di- 
recting this  measure,  the  object  was  to  compel  the  enemy  to  con- 
tribute, as  far  as  priu'ticablc.  towards  the  expenses   of  the  war. 

For  the  amonnt  ol  contributions  which  have  been  levied  in  this 
form,  I  refer  you  to  the  accompanying  reports  of  the  Secretary  of 
War  and  of  the  Secretary  of  the  Navy,  by  v^hich  it  appears  that 
a  sum  exceeding  half  a  million  of  dollars  has  been  collected. 

This  amount  would  undoubtedly  have  been  much  larger  but  for 
the  difficulty  of  keeping  open  communications  between  the  coast 
and  the  interior,  so  as  to  enable  the  owners  of  the  merchandize 
imported  to  transport  and  vend  it  to  the  inhabitants  of  the  country . 
It  is  confidently  expected  that  this  difficulty  will,  to  a  great  extent . 
be  soon  removed  by  our  increased  forces  which  have  been  sent  to 
the  field. 

Measures  have  recently  been  adopted  by  which  the  internal  as 
well  as  the  external  revenues  of  Mexico,  in  all  places  in  our  mili- 
tary occupation,  will  be  seized  and  appropriated  to  the  use  of  our 
army  and  navy. 

The  policy  of  levying  upon  the  enemy  contributions  in  every 
form,  consistently  with  the  laws  of  nations,  which  it  may  be  prac- 
ticable for  our  military  commanders  to  adopt,  should,  in  mv  judg- 
ment, be  rigidly  enforced,  and  orders  to  this  effect  have  accord- 
ingly been  given.  By  such  a  policy,  at  the  same  time  that  our 
own  treasury  will  be  relieved  Ironi  a  heavy  drain,  the  Mexican 
people  w  ill  be  made  to  feel  the  burdens  of  the  war,  and,  consulting 
their  own  interests,  may  be  induced  the  more  readily  to  require 
their  rulers  to  accede  to  a  just  peace. 

After  the  adjournment  of  the  last  session  of  Congress,  events 
transpired  in  the  prosecution  of  the  war  which,  in  my  judgment, 
required  a  greater  number  of  troops  in  the  field  than  had  been  an- 
ticipated. The  strength  of  the  army  was  therefore  increased  bv 
■'accepting"  the  services  of  all  the  volunteer  forces  authorized  by 
tho  act  of  the  thirteenth  of  May,  1846,  without  putting  a  construc- 
tion on  that  act,  the  correctness  of  which  was  seriously  ques- 
tioned. The  volunteer  forces  now- in  the  field,  with  those  which 
had  been  "accepted,"  to  ''serve  for  twelve  months,"  and  were  dis- 
charged at  the  end  of  their  term  of  service,  exhaust  the  fifty  thou- 
sand men  authorized  by  thatllct.  Had  it  been  clear  that  a  proper 
construction  of  the  act  warranted  it,  the  services  of  an  additional 


DEC3MBEa    7.] 


THE  PRESIDENT'S  MESSAGE. 


number  would  have  been  called  for  and  accepted  ;  but  doubts  ex- 
iling upon  this  point,  the  power  was  not  exercised. 

It  is  deemed  important  that  Con!Tl•e^3  should,  at  an  early  period 
of  their  session,  confer  the  authority  to  raise  an  additional  regular 
force  to  serve  during  the  war  with  Mexico,  and  to  be  discharged 
upon  the  conclusion  and  ratification  of  a  treaty  of  peace.  I  invite 
the  attention  of  Congress  to  the  views  presented  by  the  Secretary 
of  War  in  his  report  upon  this  subject. 

I  recommend,  also,  that  authority  be  given  by  law  to  call  for 
and  accept  the  services  of  an  adduional  number  of  volunteers,  to 
be  exercised  at  such  time  and  to  such  extent  as  the  emergencies  of 
the  service  may  require. 

In  prosecuting  the  war  with  Mexico,  whilst  the  utmost  care  has 
been  taken  to  avoid  every  just  cause  of  complaint  on  the  part  of 
neutral  nations,  and  none  has  been  given,  liberal  privileges  have 
been  granted  to  their  coirmierce  in  the  ports  of  the  enemy  in  our 
military  oecupalion. 

The  difficulty  with  the  Brazilian  government,  which  at  one  time 
threatened  to  interrupt  the  friendly  relations  between  the  two 
countries,  will,  I  trust,  be  speedily  adjusted.  I  have  received  in- 
formation that  an  envoy  extraorduiary  and  minister  plenipotentia- 
ry to  the  United  States  will  shortly  be  appointed  by  his  Imiierial 
Majesty;  and  it  is  hoped  he  will  come  instructed  and  prepared  to 
adjust  all  remaining  difierences  between  the  two  governments  in  a 
manner  acceptable  and  honorable  to  both.  In  the  mean  time,  I 
have  every  reason  to  believe  that  nothing  will  occur  to  interrupt 
our  amicable  relations  with  Brazil. 

It  has  been  my  constant  eti'ort  to  maintain  and  cultivate  the  most 
intimate  relations  of  friendship  with  all  the  independent  powers  of 
South  America;  and  this  policy  has  boen  attended  with  the  happi- 
est results.  Ills  true,  that  the  settlement  and  payment  of  many 
just  claims  of  American  citizens  against  these  nations  have  been 
long  delayed.  The  peculiar  position  in  which  they  have  been  pla- 
ced, and  the  desire  on  the  part  of  my  predecessors,  as  well  as  my- 
self, to  grant  them  the  utmost  indulgence,  have  hitherto  prevented 
these  claims  from  being  urged  in  a  manner  demanded  by  strict  jus- 
tice. The  time  has  arrived  when  they  ought  to  be  finally  adjusted 
and  liquidated,  and  efforts  are  now  making  for  that  purpose. 

It  is  proper  to  inform  you  that  the  government  of  Peru  has  in 
good  faith  paid  the  first  two  instalments  of  the  indemnity  of  thirty 
thousand  dollars  each,  and  the  greater  portion  of  the  interest  due 
thereon,  in  execution  of  the  convention  between  that  government 
and  the  United  States,  the  ratifications  of  which  were  exchanged 
at  Lima,  on  the  thirty-first  of  October,  1846.  The  Attorney  Ge- 
neral of  the  United  States,  early  in  August  last,  completed  the  ad- 
judication of  the  claims  under  this  convention,  and  made  his  report 
thereon,  in  pursuance  of  the  act  of  the  Sth  of  August,  1846.  The 
sums  to  which  the  claimants  arc  respectively  entitled  will  be  paid 
on  demand  at  the  treasury. 

I  invite  the  early  attention  of  Congress  to  the  present  condition 
of  our  citizens  in  China.  Under  our  treaty  with  that  power, 
American  citizens  are  withdrawn  from  the  jurisdiction,  whether  civil 
or  criminal,  of  the  Chinese  government,  and  placed  under  that  of 
our  public  functi^aries  in  that  country.  By  these  alone  can  our 
citizens  be  tried  "d  punished  for  the  commission  of  any  crime;  by 
these  alone  can  questions  be  decided  between  them,  involving  the 
rights  of  persons  and  property  ;  and  by  these  alone  can  contracts 
be  enforced,  into  which  they  may  have  entered  with  the  citizens  or 
subjects  of  foreign  powers.  The  merchant  vessels  of  the  United 
States  lying  in  the  waters  of  the  five  ports  of  China,  open  to  fo- 
reign commerce,  are  imder  the  exclusive  jurisdiction  of  officers  of 
their  own  government.  Until  Congress  shall  establish  competent 
tribunals  to  try  and  punish  crimes,  and  to  exercise  jurisdiction  in 
civil  cases  in  China,  American  citizens  there  are  subject  to  no  law 
whatever.  Crimes  may  be  committed  with  impunity,  and  debts 
may  be  contracted  without  any  means  to  enforce  their  payment. — 
Inconveniences  have  already  resulted  I'rom  the  omission  of  Congress 
to  legislate  upon  the  subject,  and  still  greater  are  apprehended. 
The  British  authorities  in  China  have  already' complained  that  this 
government  has  not  provided  for  the  punishment  of  crimes,  or  the 
enforcement  of  contracts  against  American  ci'izens  in  that  coun- 
try, whilst  their  government  has  established  tribunals  by  which  an 
American  citizen  can  recover  debts  due  from  British  subjects. 

Accustomed  as  the  Chinese  are  to  summary  justice,  they  could 
not  be  made  to  comprehend  why  criminals  who  are  citizens  of  the 
United  States  should  escape  with  impunity,  in  violation  of  treaty 
obligations,  whilst  the  punishment  of  a  Chinese  who  had  commit- 
ted any  crime  agaist  an  American  citizen,  woidd  be  rigorously  ex- 
acted. Indeed,  the  consequences  might  be  fatal  to  American  citi- 
zens in  China,  should  a  flagrant  crime  be  committed  by  any  one  of 
them  upon  a  Chinese,  and  should  trial  and  punishment  not  follow 
according  to  the  requisitions  of  the  treaty.  This  might  disturb,  if 
not  destroy,  our  friendly  relations  with  that  empire,  and  cause  an 
interruption  of  our  valuable  commerce. 

Our  treaties  with  the  sublime  Porte,  Tripoli,  Tunis,  Morocco, 
and  Muscat,  also  require  jhe  legislation  of  Congress  to  carry  them 
into  execution,  though  the  necessity  lor  immediate  action  may  not 
be  so  urgent  as  in  regard  to  China. 

The  Secretary  of  State  has  submitted  an  estimate  to  defray  the 
expenses  of  opening  diplomatic  relations  with  the  Papal  States. 
The  interesting  political  events  now  in  progress  in  these  States, 
as  well  as  a  just  tregard  to  our  commercial  interests,  have,  in  my 
opinion,  rendered  such  a  measure  highly  expedient. 

Estimates  have  also  been  submitted  for  the  outfits  and  salaries 
of  Charges  d' Affaires  to  the  republics  of  Bolivia,  Guatema,  and 


Ecuador.  The  manifest  importance  of  cultivating  the  most  friend- 
ly relations  with  all  the  independent  States  upon  this  continent  has 
induced  me  to  recommend  appropriations  necessary  for  the  mamte- 
nance  of  these  missions, 

I  recommend  to  Congress  that  an  appropriation  be  made,  to  ba 
paid  to  the  Spanish  government  for  the  purpose  of  distribution 
among  the  claimants  in  "the  Amistad  case."  I  entertam  the  con- 
viction that  this  is  due  to  Spain  under  the  treaty  of  the  twentieth 
of  October,  1795  ;  and  moreover,  that,  from  the  earnest  manner  in 
which  the  claim  continues  to  be  urged,  so  long  as  it  shall  remain 
unsettled,  it  will  be  a  source  of  irritation  and  discoid  between  the 
two  countries,  which  may  p  love  highly  prejudicial  to  the  interests  of 
the  United  States.  Good  policy,  no  less  than  a  faithl'ul  compli- 
ance with  our  treaty  obligations,  requires  that  the  inconsiderable 
appropriation  demanded  should  be  made. 

A  detailed  statement  of  the  condition  of  the  finances  will  be  pre- 
sented in  the  annual  report  of  the  Secretary  of  the  Treasury. — 
The  imports  for  the  last  fiscal  year,  ending  on  the  thirtieth  of  June, 
1847,  were  of  the  value  of  one  hundred  and  forty-six  million  five 
hundred  and  forty-five  thousand  six  hundred  and  thirty-eight  dol- 
lars ;  of  which  the  amount  exported  was  eight  million  eleven  thou- 
sand one  hundred  and  fifty-eight  dollars,  leaving  one  hundred  and 
thirty-eight  million  five  hundred  and  thirty-four  thousand  four  hun- 
dred and  eighty  dollars  in  the  country  for  domestic  use.  The  va- 
lue of  the  exports  for  the  same  period  was  one  hundred  and  fifty- 
eight  million  six  hundred  and  fortv-cight  thousand  six  hundred  aiid 
twenty-two  dollars;  of  which  one  hundred  and  fifty  million  six  hun- 
dred and  ihirty-sevcn  thousand  four  hundred  and  sLxty-four  dollars 
consisted  of  domestic  productions,  and  eight  million  eleven  thou- 
sand one  hundred  and  fifty-eight  dollars  of  foreign  articles. 

The  receipts  into  the  treasury  for  the  same  period  amoun:ed  to 
twenty-six  million  three  hundred  and  forty-six  thousand  seven  hun- 
dred and  ninety  dollars  and  thirty-seven  cents,  of  which  there  was 
derived  from  customs  twenty-three  million  seven  hundred  and  forty- 
seven  thousand  eight  hundred  and  sixty-four  dollars  and  sixty-six 
cents  ;  from  sales  of  public  lands,  two  million  four  hundred  and 
ninety-eight  thousand  three  hundred  and  thirty-five  dollars  and 
twenty  cents;  and  from  incidental  and  miscellaneous  sources, 
one  hundred  thousand  five  hundred  and  seventy  dollars  and  fifty- 
one  cents.  The  last  fiscal  year  during  which  this  amount  was  re- 
ceived embraced  five  months  under  the  operation  of  the  tarilT  act  of 
'42  and  seven  moths  during  which  the  tariff  act  of  1S46  was  in  force. 
During  the  five  months  under  the  act  of  1842,  the  amount  received 
from  customs  was  seven  million  eight  hundred  and  forty-two  thou- 
sand three  hundred  and  six  dollars  and  nmety  cents,  and  ditring 
the  seven  months  under  the  act  of  1846  the  amount  received  was 
fifteen  million  nine  hundred  and  five  thousand  five  hundred  and  fif- 
ty-seven dollars  and  seventy-six  cents. 

The  nett  revenue  from  customs  during  the  year  ending  on  the 
first  of  December.  1846,  being  the  last  year  under  the  operation 
of  the  tariff  act  of  1842,  was  twenty-two  million  nine  hundred  and 
seventy-one  thousand  four  hundred  and  three  dollars  and  ten  cents  ; 
and  the  nett  revenue  from  customs  during  the  year  ending  on  the 
first  of  December,  1847,  being  the  first  year  under  the  operation 
of  the  tariff  act  of  1846,  was  about  thirty-one  million  five  hundred 
thousand  dollars  ;  being  an  increase  of  revenue  for  the  first  vear 
under  the  tarifTof  1846  of  more  than  eight  million  five  hundred 
thousand  dollars  over  that  of  the  last  year  under  the  tarifTof  1842. 

The  expenditures  during  the  fiscal  year  ending  on  the  thirtieth 
of  June  last  were  fifty-nine  million  four  hundred  and  fifty  one  thou- 
sand one  hundred  and  seventy-seven  dollars  and  sixty-five  cents  ; 
of  which  three  milliomfive  hundred  and  twenty-two  thousand  and 
eighty-two  dollars  and  thirty-seven  cents  was  on  account  of  pay- 
ment of  principal  and  interest  of  the  public  debt,  including  trea- 
sury notes  redeemed  and  not  funded.  The  expenditures,  exclusive 
of  payment  of  jniblic  debt,  were  fifty-five  million  nine  hundred  and 
twenty-nine  thousand  and  ninety-five  dollars  and  twenty-eio-ht 
cents.  " 

It  is  estimated  that  the  receipts  into  the  treasury  for  the  fiscal 
year  ending  on  the  thirtieth  of  June,  1848,  including  the  balance  in 
the  treasury  on  the  first  of  July  last,  will  amount  to  forty-two  rail- 
lion  eight  hundred  and  eighty-six  thousand  five  hundred  and  forty-five 
dollars  and  eighty  cents,  of  which  thirty  one  milhon,  it  is  estima- 
ted, will  be  derived  from  customs  ;  three  million  five  hundred  thou- 
sand from  the  sale  of  the  public  lands  ;  four  hundred  thousand  Irom 
incidental  sources,  including  sales  made  by  the  Solicitor  of  the 
Treasury  ;  and  six  million  two  hundred  and  eighty-five  thousand 
two  hundred  and  ninety-four  dollars  and  fifty-five  cents  from  loans 
already  authorized  by  law,  which,  together  with  the  balance  in  the 
treasury  on  the  first  of  July  last,  make  the  sum  estimated. 

The  expenditures  for  the  same  period,  if  peace  with  Mexico 
shall  not  be  concluded,  and  the  army  shall  be  increased  as  is  pro- 
posed, will  amount,  including  the  necessary  payments  on  account 
of  principal  and  interest  of  the  public  debt' and  treasury  notes,  to 
fifty-eight  million  six  hundred  and  fifteen  thousand  sLx  hundred  and 
sixty  dollars  and  seven  cents. 

On  the  first  of  the  present  month,  the  amount  of  the  public  debt 
actually  incurred,  including  treasury  notes,  was  forty-five  million 
six  hundred  and  fifty-nine  "thousand  six  hundred  and  fifty-nine  dol- 
lars  aiid  forty  cents.  The  public  debt  due  on  the  fourth  of  March, 
1845,  including  treasury  notes,  was  seventeen  million  seven  hun- 
dred and  eighty-eight  thousand  seven  hundred  and  ninety-nine  hol- 
lars and  sixty-two  cents  ;  and  consequently  the  addition  made  to 
the  public  debt  since  that  time  is  twenty-seven  million  eight  hun- 
dred and  seventy  thousand  eight  hundred  and  fifty-nine  dollars  and 
seventy.eight  cents. 


THE  PRESIDENT'S  MESSAGE. 


[Tuesday, 


Of  the  loan  of  twenty-three  millions,  authorized  by  the  act  o 
the  twenty-eighth  of  January,  1847,  the  sum  of  five  millions  was 
paid  out  to  the  public  creditors,  or  exchanged  at  par  for  specie  ; 
the  remaining  eighteen  millions  was  oflerea  for  specie  to  the  high- 
est bidder  not  below  par,  by  an  advertisement  issued  by  the  Secre- 
tary of  the  Treasury,  and  published  from  the  nintii  of  February 
until  the  tenth  of  April,  1847,  when  it  was  awarded  to  the  several 
highest  bidders,  at  premiums  varying  from  one-eighth  of  one  per 
cent,  to  two  per  cent,  above  par.  The  premium  has  been  paid 
into  the  treasury,  and  the  sums  awarded  deposited  in  specie  iji  the 
treasury  as  fast  as  it  was  reeiuired  by  the  wants  of  the  government. 

To  meet  the  expenditures  for  tlie  remainder  of  the  present  and 
for  the  next  fiscal  year,  endinji  on  the  thierticth  of  June,  1849,  a 
further  loan,  in  aid  of  the  ordinary  reveiuies  of  the  government 
wdl  be  necessary,  lletaining  a  surtieicnt  surplus  in  the  treasury, 
the  loan  required  for  the  remainder  of  the  present  fiscal  year  will 
be  about  eighteen  million  five  hundred  thousand  ilolhirs.  If  liie 
duty  on  tea  and  coffee  be  imposed,  and  the  graduation  of  the  ])iice 
of  the  public  lands  shall  be  made  at  an  early  period  of  your  ses- 
sion, as  recommended,  the  loan  for  the  present  fiscal  year  may  be 
reduced  to  seventeen  millions  of  dollars.  The  loan  may  be  further 
reduced  by  whatever  amount  of  expenditures  can  be  saved  by  mil- 
itary contributions  collceted  in  Mexico.  The  most  vigorous  mea. 
sures  for  the  augmentatioEi  of  these  contributions  have  been  direct- 
ed, and  a  very  considerable  sum  is  expected  iVom  that  source.  Its 
amount  cannot,  however,  be  calculated  with  any  certainty.  It  is 
recommended  that  the  loan  to  be  made  be  authorized  upon  tlie 
same  terms,  and  for  the  same  time,  as  that  wliicli  was  authorized 
under  the  provisions  of  the  act  of  the  iwenty-eightli  of  January, 
1S47. 

Should  the  war  with  Mexico  be  continued  until  the  thirtieth  of 
June,  1819,  it  is  estimated  that  a  further  loan  of  twenty  million 
five  hundred  thousand  dollars  will  be  required  for  the  fiscal  year 
endin"  on  that  dav,  in  case  no  duty  bo  imposed  on  tea  and  coffee, 
and  the  public  lands  be  not  reduced  and  graduated  in  price,  and  no 
military  contributions  shall  be  collected  in  Mexico.  If  the  duty 
on  tea  and  coffee  be  imposed,  and  the  lands  be  reduced  and  gradu- 
ated in  price,  as  proposed,  the  loan  may  be  reduced  to  seventeen 
millions  of  dollars,  and  will  be  subject  to  be  still  further  reduced 
by  the  amount  of  the  military  contributions  which  may  be  collect- 
ed in  Mexico.  It  is  not  proposed,  however,  at  present,  to  ask 
Congress  for  authority  to  negotiate  this  loan  for  the  next  fiscal 
year,  as  it  is  hoped  that  tlie  loan  asked  for  the  remainder  of  the 
present  fiscal  year,  aided  by  military  contributions  whicli  may  be 
collected  in  Mexico,  may  be  suiiicient.  If,  contrary  to  my  expec- 
tation, there  shoidd  be  a  necessity  for  it,  the  fact  will  be  commu- 
nicated to  Congress  in  time  for  their  action  during  the  present  ses- 
sion. In  no  event  will  a  sum  exceeding  six  millions  of  dollars  of 
this  amount  be  needed  before  the  meeting  of  the  session  of  Con- 
gress in  December,  184S, 

The  act  of  the  thirtielh  of  July,  1846,  "reducing  the  duties  on 
imports,"  has  been  in  force  since  the  first  of  December  last  ;  and  I 
am  gratified  to  state,  that  all  tlie  beneficial  effects  w'tf.tr  were  an- 
ticipated from  its  operation  have  been  fully  i-ealiz">l.  The  public 
revenue  derived  from  customs  during  the  year  ending  on  the  first 
of  December,  1847,  exceeds  by  more  than  eight  millions  of  dollars 
the  amount  received  in  the  preceding  year  under  the  operation  of 
the  act  of  1842,  which  w  ■  superseded  and  repealed  by  it.  Its 
effects  are  visible  in  the  i  real  and  almost  unexampled  prosperity 
which  prevails  in  ever  ■  branch  of  business. 

While  the  repeal  r.  the  prohibitory  and  i;f'strietive  duties  of  the 
act  of  1842.  and  t  x  substitution  in  tlicir  place  af  reasonable  reve- 
nue rates,  lev;j  I  on  articles  imported  according  to  their  actual  val- 
ue, has  incrca-.od  the  revenue  and  augmented  our  foreign  trade,  all 
the  great  interests  ot  the  country  have  been  advanced  and  pro- 
moted. 

The  great  and  important  interests  of  agriculture,  which  had 
been  not  only  too  much  neglected,  but  actually  taxed  under  the 
protective  policy  for  the  benefit  of  other  interests,  have  been  re- 
lieved of  the  burdens  which  that  policy  imposed  on  them  ;  and  our 
farmers  and  planters,  under  a  more  just  and  liberal  commercial 
policy,  are  finding  new  and  profitable  markets  abroad  for  their 
augmented  products. 

Our  commerce  is  rapidly  increasing,  and  is  extending  more 
widely  the  circle  of  intcrnatiimal  exchanges.  Great  as  has  been 
the  increa.se  of  our  imports  during  the  past  year,  our  exports  of 
domestic  products  sold   in  foreign  markets  have  been  still  "realer. 

Our  navigating  interest  is  eminently  prosperous.  The  number 
of  vessels  built  in  the  United  States  has  been  greater  than  durimr 
any  preceding  period  of  equal  length.  Large  profits  have  been 
derived  by  those  who  have  constructed,  as  well  as  by  those  who 
have  navigated  them.  Shoulil  the  ratio  of  increase  in  the  number 
of  our  merchant  vessels  be  progressive,  and  he  as  u'l'cat  lor  the 
future  as  during  the  past  year,  the  time  is  not  distant  when  our 
tonnage  and  commercial  marine  will  bq  larger  than  that  of  any 
other  nation  in  the  world. 

Whilst  the  interests  of  agriculture,  of  eommerce,  and  of  navisja- 
tion  have  been  enlarged  and  invigorated,  it  is  highly  grntifyiiig~to 
observe  that  our  manufactures  are  also  in  a  prosperous  condiriun. 
None  of  the  ruinous  effects  upon  this  interest,  which  were  appre- 
hended by  some,  as  the  result  of  the  operation  of  I  lie  revenue  sys- 
tem estaulished  by  the  act  of  184G,  have  been  experienced.  On 
the  contrary,  the  number  of  manufactories,  and  the  amount  of  cap- 
ital invested  in  them,  is  steadily  and  rajiidly  increasing,  affordin"' 
gratifying  proofs  that  American  enlerpnse  uial  skill  employed  in 
this  branch  of  domestic  industry,  with  no  other  advantages  than 


those  fairly  and  incidentally  accruing  from  a  just  system  of  rey- 
enue  duties,  are  abundantly  able  to  meet  successfully  all  compe- 
tition from  abroad,  and  still  derive  fair  and  remunerating  profits. 

While  capital  invested  in  manufactures  is  yielding  adequate  and 
fair  profits  under  the  new  system,  the  wages  of  labor,  whether 
employed  in  manufactures,  agriculture,  eommerce,  or  navigation, 
have  been  augmented.  The  toiling  millions,  whose  daily  labor 
furnishes  the  supply  of  food  and  raiment,  ard  all  the  necessaries 
and  comforts  of  life,  are  receiving  higer  wages,  and  more  steady 
and  permanent  cmiiloyment,  than  in  any  other  country,  or  at  any 
previous  period  of  our  own  history. 

So  successful  have  been  all  branches  of  our  industry,  that  a  for- 
ei"n  war,  which  generally  diminishes  theresourcesof  a  nation,  has 
in  no  essential  degree  retarded  om-  onward  progress,  or  cheeked 
our  general  prosperity. 

With  such  gratifying  evidences  of  prosperity,  and  of  the  suecess- 
I'lil  operation  of  the  revenue  act  of  1846,  every  consideration  of 
public  |iolicy  recommends  that  it  shall  remain  unchanged.  It  is 
hoped  that  the  system  of  impost  duties  wliieh  it  established,  may 
be  regarded  as  the  permanent  policy  of  the  country,  and  that  the 
great  interests  ali'ected  by  it  may  not  again  be  subject  to  be  inju- 
riously disturbed,  as  they  have  heretofore  been,  by  frequent  and 
sometimes  sudden  changes. 

For  the  [lurposc  of  increasing  the  revenue,  and  without  changing 
or  modifying  the  rates  imposed  by  the  act  of  1846,  on  the  dutiable 
articles  embraced  by  its  provisions,  I  again  recommend  to  your  favo- 
rable consideration  the  expediency  of  levying  a  revenue  duly  on  tea 
and  coffee.  The  policy  which  exempted  these  articles  from  duty  du- 
ring peace,  and  when  the  revenue  to  be  derived  from  them  was  not 
needed,  ceases  to  exist  when  the  country  is  engaged  in  war,  and 
requires  the  use  of  all  its  available  resources.  It  is'a  tax  which 
would  be  so  generally  diffu.sed  among  the  people,  that  it  would  be 
felt  oppressively  by  none,  and  be  complained  of  by  none.  It  is  be- 
lieved that  there  are  not,  in  the  list  ol  imported  articles,  any  which 
are  more  properly  the  subject  of  war  duties  than  tea  and  coffee. 

It  is  estimated  that  three  millions  of  dollars  would  be  derived 
aniuially  by  a  moderate  duty  imposed  on  these  articles. 

Should  Congress  avail  itself  of  this  additional  source  of  revenue, 
not  only  would  the  amount  of  the  public  loan,  rendered  necessary 
by  the  war  with  Mexico,  be  diminished  in  extent,  but  the  public 
credit,  and  the  public  confidence  in  the  ability  and  detenninalion 
of  the  government  to  meet  all  its  engagements  promptly,  would  be 
more  firmly  established,  and  the  reduced  amount  of  the  loan, 
which  it  may  be  necessary  to  negotiate,  could  probably  be  obtained 
at  cheaper  rates. 

Congress  is,  therefore,  called  upon  to  determine  whether  it  is 
wiser  to  impose  the  war  duties  recommended,  or,  by  omitting  to 
do  so,  increase  the  ijublic  debt  annually  three  millions  of  dollars  so 
long  as  loans  shall  be  required  to  prosecute  the  war,  and  after- 
wards provide,  in  some  other  form,  to  pay  the  semi-annual  interest 
upon  it,  and  ultimately  to  extinguish  the  principal.  If,  in  addition  to 
these  duties,  Congress  should  graduate  and  reduce  the  price  of  such 
public  lands  as  experience  has  proved  will  not  conimand  the  price 
placed  upon  them  by  the  government,  an  additioRl  annual  income 
to  the  treasury,  of  between  half  a  million  and  a  niillion  of  dollars, 
it  is  estimated,  would  be  derived  from  this  source.  Should  both 
measures  receive  the  sanction  of  Congress,  the  annual  ara..unt  of 
public  debt  nece:sary  to  be  contracted  during  the  continuance  ot 
the  war,  would  be  reduced  nearly  four  miUiona  of  dollars.  The 
duties  recommended  to  be  levied  on  tea  and  coffee,  it  is  proposed, 
shall  be  limited  in  their  duration  to  the  ilose  of  the  war,  and  until 
the  public  debt  rendered  necessary  to  be  contracted  by  it,  shall  be 
discharged.  The  amount  of  the  public  debt  to  be  contracted, 
should  be  limited  to  the  lowest  practicable  sum,  and  should  be  ex- 
tinguished as  early  after  the  eoiiclusion  of  the  war  as  the  means  of 
the  treasury  will  permit. 

With  this  view,  it  is  recommended  that,  as  soon  as  the  war 
shall  be  over,  all  the  surplus  in  the  treasury,  not  needed  for  other 
indispensable  objects,  shall  constitute  a  sinking  fund,  and  be  applied 
t»  the  purchase  of  the  funded  debt,  and  that  authority  be  conferred 
by  law  for  that  purpose. 

The  act  of  the  sixth  of  August,  1846,  "  to  establish  a  ware- 
housing system,"  has  been  in  operation  more  than  a  year,  and  has 
proved  to  be  an  important  auxiliary  to  the  tariff  act  of  1846,  in 
augmenting  the  revenue  and  extending  the  commerce  of  the  couu- 
ry.  Whilst  it  has  tended  to  enlarge  commerce,  it  has  been  benefi- 
cial to  our  manufactures,  by  dimiuishing  forced  sales  at  auction  of 
foreign  goods  at  low  prices,  to  raise  the  duties  to  be  advanced  on 
lllein,  and  by  checking  fiuctuations  in  the  market.  The  system, 
although  sanctioned  by  the  experience  of  other  countries,  was  en- 
tirely new  in  the  United  States,  and  is  suseeptiblo  of  improvement 
in  some  of  its  provisions.  The  Secretai-y  of  the  Treasury,  upon 
whom  WHS  lievolved  large  discretionary  powers  in  carrying  this 
mciisurc  into  efiect,  has  collected  and  is  now  collecting,  the  prac- 
tical results  of  the  system  in  other  countries,  where  it  has  lonir 
lieen  established,  and  will  report  at  an  early  period  of  your  session 
such  farther  regulations  sugsestcd  by  the  investigation  iis  may  ren- 
der it  still  more  elieetive  and  beneficial. 

By  the  act  "  to  provide  for  the  better  organization  of  the  treasu- 
ry, and  for  the  collection,  safe-keeping,  and  disbursement  of  the 
public  revenue,"  all  banks  were  discontinued  as  fiscal  agents  of 
the  government,  and  the  paper  currency  issued  by  them  was  no 
lonjjer  permitted  to  bo  received  in  payment  of  public  dues, 

Iheconstitutioiiul  treasury  created  by  this  act  went  into  opera- 
lion  on  the  first  of  January  last.  Under  the  system  established  by 
it,  the  publiu  moneys  have  been  collected,  safely  kept,  and  dis- 


December  7. J 


THE  PRESIDENT'S  MESSAGE. 


9 


bursed  by  the  direct  agency  of  officers  of  the  a;overnment  in  gold 
and  silver;  and  transfers  of  large  amounts  have  been  made  from 
points  of  collection  to  points  of  disbursement,  witliout  loss  to  the 
treasury,  or  injury  or  inconvenience  to  the  trade  of  the  country. 

While  the  fiscal  operations  sf  the  government  have  been  con- 
ducted with  regularity  and  ease  under  this  system,  it  has  had  a 
sahitary  effect  m  cheeking  and  preventing  an  undue  inflation  of 
the  paper  currency  issued  by  the  banks  which  exist  under  State 
charters.  Requiring,  as  it  does,  all  dues  to  the  government  to  be 
paid  in  gold  and  silver,  its  effect  is  to  restrain  excessive  issues  of 
bank  paper  by  the  banks  disproportioned  to  the  specie  in  their 
vaults,  for  the  reason  that  they  are  at  all  times  liable  to  be  called 
on  by  the  holders  of  their  notes  for  their  redemption,  in  order  to 
obtain  specie  for  the  payment  of  duties  and  other  public  dues.  The 
banks,  therefore,  must  keep  their  business  within  prudent  limits, 
and  be  always  in  a  condition  to  meet  such  calls,  or  run  the  hazard 
ol  being  compelled  to  suspend  specie  payments,  and  be  thereby 
discredited.  The  amount  of  specie  unported  into  the  United 
States  during  the  last  fiscal  year,  was  twenty-four  millions  one 
hundred  and Iwenty-one  thousand  two  hundred  and  eighty-nine  dol- 
lars; of  which  there  was  retained  in  the  country  twenty-two  mil- 
lion two  hundred  and  seventy-six  thousand  one  hundred  and  seven- 
ty dollars.  Had  the  former  financial  system  prevailed,  and  the 
public  moneys  been  placed  on  deposite  in  the  banks,  nearly  the 
whole  of  tiiis  amount  would  have  gone  into  their  vaults,  not  to  be 
thrown  into  circulation  by  them,  but  to  be  withlield  from  the  hands 
of  the  people  as  a  currencv,  and  made  the  basis  of  new  and  enor- 
mous issues  of  bank  paper.  A  large  proportion  of  the  specie  im- 
ported has  been  paid  into  the  treasury  for  public  dues;  and  after 
having  been  to  a  great  extent,  reeoined  at  the  mint,  has  beeti  paid 
out  to  the  public  creditors  and  gone  into  circulation  as  a  currency 
among  the  people.  The  amount  of  gold  and  silver  coin  now  in 
circulation  in  the  country  is  larger  than  at  any  farmer  period. 

The  financial  system  established  by  the  constitutional  treasury 
has  been,  thus  far,  eminently  successful  in  its  operations:  and  I  re- 
commend an  adherence  to  all  its  essential  provisions,  and  especial- 
ly to  that  vital  provision  which  wholly  separates  the  government 
from  all  connexion  with  banks,  and  excludes  bank  paper  from  all 
revenue  receipts. 

Jj\  some  of  its  details,  not  involving  its  general  principles,  the 
system  is  defective,  and  will  require  modification.  These  defects, 
and  such  amendments  as  are  deemed  important,  were  set  forth  in 
the  last  annual  report  of  the  Secretary  of  the  Treasury.  These 
amendments  are  again  recommended  to  the  early  and  favorable 
consideration  of  Congress. 

During  the  past  year,  the  coinage  at  the  mint  and  its  branches 
has  exceeded  twenty  millions  of  dollars.  This  has  consisted  chie- 
fly in  converting  the  coins  of  foreign  countries  into  American  ('oin. 

The  largest  amount  of  foreign  coin  imported  has  been  received 
at  New  York;  and  if  a  branch  mint  were  established  at  that  city, 
all  the  foreign  coin  received  at  that  port  could  at  once  be  convert- 
ed into  our  own  coin,  without  the  expense,  risk,  and  delay  of  trans- 
porting it  to  the  mint  for  that  purpose,  and  the  amount  received 
would  he  much  larger. 

Experience  has  proved  that  foreign  coin,  and  especially  foreign 
gold  coin,  will  not  circulate  extensively  as  a  currency  among  the 
people.  The  important  measure  of  extending  our  specie  circular 
tion,  both  of  gola  and  silver,  and  of  diffusing  it  among  the  people, 
can  only  be  effected  by  converting  such  foreign  coin  into  American 
coin.  I  repeat  the  recommendation  contained  in  my  last  annual 
message  for  the  establishment  of  a  branch  of  the  mint  of  the  Uni- 
ted States  at  tlie  city  of  New  York. 

All  the  public  lands  which  had  been  surveyed  and  were  ready 
for  market  have  been  proclaimed  for  sale  during  the  last  year. — ■ 
The  quantity  offered  and  to  be  offered  for  sale,  under  proclama- 
tions issued  since  the  first  of  January  last,  amounts  to  nine  million 
one  hundred  and  thirty-eiglit  thousand  five  hundred  and  thirty-one 
acres.  The  prosperity  of  the  western  States  and  Territories  in 
which  these  lands  lie  will  be  advanced  by  their  speedy  sale.  By 
withholding  them  from  market,  their  growth  and  increase  of  popu- 
lation would  be  retarded,  while  thousands  of  our  enterprising  and 
meritorious  frontier  population  would  be  deprived  of  the  opportu- 
nity of  securing  freeholds  for  themselves  and  families.  But  in  ad- 
dition to  the  general  considerations  which  rendered  the  early  sale 
of  these  lands  proper,  it  was  a  leading  object  at  this  time  to  de- 
rive as  large  a  sum  as  possible  from  this  source,  and  thus  diminish, 
by  that  amount,  the  public  loan  rendered  necessary  by  the  exist- 
ence of  a  foreign  war. 

It  is  estimated  that  not  less  than  ten  millions  of  acres  of  the 
public  lands  will  be  surveyed  and  be  in  a  condition  to  be  proclaimed 
lor  sale  during  the  year  1848. 

In  my  last  annual  message,  I  presented  the  reasons  which,  in 
my  judgment,  rendered  it  proper  to  graduate  and  reduce  the  price 
of  such  of  the  public  lands  as  have  remained  unsold  for  long  pe- 
riods after  they  had  been  offered  for  sale  at  public  auction. 

Many  millions  of  acres  of  public  lands  lying  within  the  limits 
of  several  of  the  Western  States  have -been  offered  in  the  market, 
and  been  subject  to  sale  at  private  entry  for  more  than  twenty 
years,  and  large  quantities  for  more  than  thirty  years,  at  the  low- 
est price  prescribed  by  the  existing  laws,  and  it  has  been  found 
that  tliey  will  not  command  that  price.  They  must  remain  unsold 
and  uncultivated  for  an  indefinite  period,  unless  the  price  demand- 
ed for  them  by  the  government  shall  be  reduced.  No  satisfactory 
reason  is  perceived  why  they  should  be  longer  held  at  rates  above 
their  real  value.  At  tlie  present  period  an  additional  reason  ex- 
ists for  adopting  the    measure  recommended.     When  the  country 

30th  Cono.— 1st  Session— No.  '2, 


is  engaged  in  a  foreign  war,  and  we  must  necessarily  resort  to 
loans,  it  would  seem  to  be  the  dictate  of  wisdom  that  we  should 
avail  ourselves  of  all  our  resources,  and  thus  limit  the  amount  of 
the  pubhc  indebtedness  to  the  lowest  possible  sum. 

I  recommend  that  the  existinc  laws  on  the  subject  of  pre-emp- 
tion rights  be  amended  and  modified  so  as  to  operate  prospectively, 
and  to  embrace  all  who  may  settle  upon  the  public  lands  and  maKe 
improvements  upon  them  before  they  are  surveyed,  as  well  as  af- 
terwards; in  all  cases  where  such  settlements  may  be  made  aflej- 
the  Indian  title  shall  have  been  extinguished. 

If  the  right  of  pre-emption  be  thus  extended,  it  will  embrace 
a  large  and  meritorious  class  of  our  citizens.  It  will  increase  the 
number  of  freeholders  upon  our  borders,  who  will  be  enabled  there- 
by to  educate  their  children  and  otherwise  improve  their  coniition. 
while  they  will  be  found  at  all  times,  as  they  have  ever  proved 
themselves  to  be,  in  the  hour  of  danger  to  their  country,  among 
our  hardiest  and  best  volunteer  soldiers,  ever  ready  to  tender  their 
services  in  cases  of  emergency,  and  among  the  last  to  leave  the 
field  as  long  as  an  enemy  remains  to  be  encountered.  Such  a  pol- 
icy will  also  impress  these  patriotie  pioneer  emigrants  witli  deep- 
er feelings  of  gratitude  for  the  parental  care  of  their  government, 
when  they  find  their  dearest  interests  secured  to  them  by  the  per- 
manent laws  of  the  land,  and  that  they  arc  no  longer  in  danger  of 
losing  their  homes  and  hard-earned  improvements  by  bein^  brought 
into  competition  with  a  more  wealthy  class  of  purchasers  at  tlie 
land  sales. 

The  attention  of  Conijress  was  invited,  at  their  last  and  prece- 
ding sessions,  to  the  importance  of  establishing  a  Territorial  gov- 
ernment over  our  possessions  in  Oregon;  and  it  is  to  be  regretted 
that  there  was  no  legislation  on  the  subject.  Our  citizens  who 
inhabit  that  distant  region  of  country  are  still  left  without  the  pro- 
tection of  our  laws,  or  any  regularly  organized  government.  Be- 
fore the  question  of  limits  and  boundaries  of  the  territory  of  Ore- 
iion  was  definitely  settled,  from  the  necessity  of  their  condition, 
the  inhabitants  had  established  a  temporary  government  of  their 
own.  Besides  the  want  of  legal  authority  for  continuing  such  a 
o-overnment,  it  is  wholly  inadequate  to  protect  them  in  their  rights 
of  person  and  property,  or  to  secure  to  them  the  enjoyment  of  the 
privileges  of  other  citizens,  to  which  they  are  entitled  under  the 
Constitution  of  the  United  States.  They  should  have  the  right  of 
suft'rai'e,  be  represented  in  a  Territorial  iegishiture,  and  by  a  dele- 
gate in  Congress;  and  possess  all  the  rights  and  privileges  which 
citizens  of  oiher  portions  of  the  Territories  of  the  United  States 
have  heretofore  enjoyed,  or  may  now  enjoy. 

Our  judicial  system,  revenue  laws,  laws  regulating  trade  and 
intercourse  with  the  Indian  tribes,  and  the  protection  of  our  laws 
generally,  should  be  extended  over  them. 

In  addition  to  the  inhabitants  in  that  territory  who  had  previous- 
ly emigrated  to  it,  large  numbers  of  our  citizens  have  followed 
them  duriuff  the  present  year;  and  it  is  not  doubted  that  during 
the  next  and  subsequent  years  their  numbers  will  be  greatly  in- 
creased . 

Congress,  at  its  last  session,  established  post  routes  leading  to 
Oregon,  and  between  different  points  within  that  territory,  and 
authorized  the  establishment  of  post  offices  at ''Astoria  and  such 
other  places  on  the  coasts  of  the  Pacific,  within  the  territory  of  the 
United  States,  as  the  public  interests  may  require.''  Post  offices 
have  accordingly  been  established,  deputy  postmasters  appointed, 
and  provision  made  lor  the  transportation  of  the  mails. 

The  preservation  of  peace  with  the  Indian  tribes  residing  west 
of  the  Uocky  mountains  will  render  it  proper  that  authority  should 
be  given  by  law  for  the  appointment  of  an  adequate  number  of  In- 
dian agents  to  reside  among  them. 

I  recommend  that  a  surveyor  general's  office  be  established  in 
that  territory,  and  that  the  public  lands  be  surveyed  and  brought 
into  market  at  an  early  period. 

I  redommend,  also,  that  grants,  upon  liberal  terms,  of  limited 
qualities  of  the  public  lands  be  made  to  all  citizens  of  the  United 
States  who  have  emigrated,  or  may  hereafter  within  a  prescribed 
period  emigrate,  to  Oregon,  and  settle  uponthem.  These  hardv 
and  adventurous  citizens,  who  have  encountered  the  dangers  and 
privations  of  a  long  and  toilsome  journey,  and  have  at  lensth  found 
an  abiding-place  for  themselves  and  their  families  upon  the  utmost 
verge  of  our  western  limits,  should  be  secured  in  the  homes  which 
they  have  improved  by  their  labor. 

I  refer  you  to  the  accompanying  report  of  the  Secretary  of  W  tr 
for  a  detailed  account  of  the  operations  of  the  various  branches  of 
the  public  service  connected  with  the  department  under  his  charge. 
The  duties  devolving  on  this  department  have  been  unusually  oner- 
ous and  responsible  during  the  past  year,  and  have  been  discharged 
with  ability  and  success. 

Pacific  relations  continue  to  exist  with  the  various  Indian  tribes, 
and  most  of  them  manifest  a  strong  friendship  for  the  United  States. 
Some  depredations  were  committed  during  the  past  year  upon  our 
trains  transporting  supplies  for  the  army,  on  the  road  between  the 
western  border  of  Missouri  and  Santa  Fe.  These  depredations, 
which  are  supposed  to  have  been  committed  by  bands  from  the  re- 
gion of  New  Mexico,  have  been  arrested  by  the  presence  of  a  mili- 
tary force,  ordered  out  for  that  purpose.  Some  outrages  have 
been  perpetrated  by  a  portion  of  the  northwestern  bands  upo.i  the 
weaker  and  comparatively  defenceless  neighboring  tribes.  Prompt 
measures  were  taken  to  prevent  such  occurrences  in  future. 

Between  one  or  two  thousand  Indians,  belonging  to  several 
tribes,  have  been  removed  during  the  past  year,  from  the  east  ol 
the  Mississippi  to  the  country  allotted  tti  them  west  ot    that  river, 


10 


THE  PRESIDENT'S  MESSAGE. 


[Tuesday, 


s  their  permanent  home;  and  arrangements  have  been  made  for 
Others  to  follow. 

Since  the  treaty  of  1846,  with  the  Cherokoes,  the  feuds  amonir 
them  ai>pear  to  liave  subsided,  and  the);  have  become  more  united 
and  contented  than  they  have  been  for  many  years  past.  The 
commissioners,  appointed  in  pursuance  of  the  act_  of  June  27th, 
1846,  to  settle  claims  arisinjr  under  the  treaty  of  I835--'36  with  that 
tribe,  have  executed  their  duties;  and  after  patient  investifiation, 
.'ind  a  full  and  fair  examinatioji  of  all  the  cases  bronclit  before 
them,  closed  their  labors  in  the  month  of  July  last.  Tins  is  the 
fourth  board  of  connnissioncrs  which  has  been  oruanized  under  this 
treaty.  Ample  opportunity  has  been  atfordecl  to  all  those  inter- 
ested to  bring  forward  their'claims.  No  doubt  is  entertained  thai 
impartial  justice  has  been  done  by  the  late  board,  and  that  all 
valid  claims  embraced  by  the  treaty  have  been  considered  anil 
allowed.  This  result,  and  the  linal  settlement  lo  be  made  with 
this  tribe,  under  the  trealv  of  l<S4fi,  whicli  will  be  completed  and 
laid  before  vou  during' vour  session,  will  adjust  all  questions  ol  eon- 
iroversy  between  the'ni  and  the  United  Slates,  and  produce  a  stale 
of  relations  with  tliem  simple,  well-delined,  and  sati.sfactory. 

Under  the  iliscrctionurv  antliorlly  conferred  by  the  act  of  the 
third  of  March  last,  the  annuities  due  lo  the  various  tribes  have 
been  paid  during  the  present  year  to  the  heads  of  families  instead 
of  their  chiefs,  or  such  persons  as  they  might  desiirnafc,  as  required 
by  the  law  previously  existins;.  This  mode  of  nayraeiil  has  iiiven 
iieneral  satisfaction  to  the  jrreat  body  of  the  Indians,  .fustiqe  has 
Eecn  done  to  them,  and  lliey  are  irieatliil  to  the  i-overnnionl  for  il. 
A  few  cliiels  and  interested  persons  may  object  lo  this  mode  of  pay-- 
nient,  hut  it  is  believed  lo  be  the  only  mode  of  jiioventini.'  fraud 
and  impo.sition  from  beinn  practiced  iqion  the  preat  body  of  com- 
iiion  Indians,  constitutiin,'  a  majority  of  all  the  Iribcs. 

It  is  gratifying  to  jiereeive  that  a  number  of  llie  tribes  huva  re- 
rcently  manifested  an  increased  interest  in  the  oslablishment  of 
schools  among  iheni,  and  are  making  rapid  advances  in  agriciiUure 
— some  of  them  producang  a  sulBcient  (piantily  of  food  for  their 
support,  and  in  some  cases  a  surplus  lo  dispose  of  lo  their  neighbors. 
The  comforts  by  which  those  who  have  received  even  a  very  limited 
education,  and  have  engaged  in  agriculture,  are  surrounded,  tend 
gradiially  to  draw  oil"  their  less  civilized  bretliren  from  the  preea- 
-  nous  means  of  substance  by  the  chase,  to  habits  of  labor  and  civi- 
laztion. 

The  aceompanving  report  of  the  Secretary  of  tlic  Navy  nresents 
a  satisfactory  and  gratifying  accounl  of  the  condition  and  opera- 
tions of  the  naval  service  during  the  past  year.  Our  comraeree 
has  been  pursued  with  increased  activity,  and  withsafety  and  suc- 
cess, in  every  quarter  of  the  globe  under  the  protection  of  our  flag, 
which  the  na'vT  has  caused  lo   lie  respected  in  llie_niosl  distant  seas. 

In  the  Gulf  i>f  Mexico,  and  in  the  Pacilic,  the  ollicers  and  m.)ii 
of  our  squadrons  have  displayed  distinguished  gallantry,  and  p<'r- 
formed  valuable  services.  In  the  early  stages  of  thci  war  with  Mex- 
co,  her  ports  on  both  coasts  were  blockaded,  and  more  recently 
manv  of  them  have  been  caplured  and  held  by  the  navy.  When 
acting  in  cooperation  with  the  land  forces,  the  naval  olfii-ers  and 
men  iiave  performed  gallant  and  distiuiiuished  services  on  land  as 
well  as  on  waler,  and  deserve  tlie  high  commendation  of  the 
country. 

While  other  maritime  powers  are  adding  t<i  their  navies  large 
numbers  of  war  steamers,  it  was  a  wise  policy  on  our  part  to 
make  similar  additions  to  our  navy.  The  fonr  w;ir  stetiiners  au- 
thorized by  the  act  of  the  third  of  March.  1847,  are  in  coiusc  of 
construction. 

In  addition  to  the  four  war  steamers  authorized  by  this  act,  the 
.Secretarv'  of  the  Navy  has,  in  pursuance  of  its  provisions,  entered 
into  contracts  for  the  construction  of  live  steamers,  to  be  employed 
in  the  transportation  of  the  United  States  mail  ''from  New  York 
to  New  Orleans,  touching  at  Charleston,  Savannah,  and  Havana, 
and  from  Havana  to  Chagrcs  ;  "  for  three  steamers  to  ho  em- 
ployed in  like  manner  from  Panama  to  Oregon,  ''so  as  to  connect 
Willi  the  mail  from  Havana  lo  Chagrcs  across  the  isthmus  ;  "  and 
for  five  steamers  to  be  employed  in  like  manner  from  New  York  to 
Liverpool.  These  steamers  will  be  the  properly  of  the  contrac- 
tors, butarD  to  be  built  "  under  the  superintendence  and  direction 
of  a  naval  constructor  in  the  employ  of  thi;  Navy  Department,  and 
lo  be  so  constructed  as  to  render  them  convertible,  at  the  least 
possible   expense,  into  war  steamers  of  the  first  class." 

A  prescribed  number  of  naval  ollicers,  as  well  as  a  post  office 
agent,  are  to  be  on  board  of  them  ;  and  authority  is  reserved  to 
the  Navy  Department  at  all  times  to  "exercise  control  over  said 
steamships,"  and  "to  have  the  right  to  take  ihem  for  the  exclusive 
use  and  service  of  the  United  Stales,  upon  making  proper  compen- 
sation to  the  contractors  therefor." 

Whilst  these  steamships  will  be  employed  in  transporting  the 
mails  of  the  United  States  coastwise,  and  to  foreign  countries, 
upon  ail  annual  compensation  to  be  paid  to  the  owners,  they  will 
be  always  readv,  upon  nn  emergency  reipiiring  it.  to  be  converted 
into  war  steamers  ;  and  the  right  reserved  to  take  them  for  public 
use  will  add  greatly  to  the  eniciency  and  strength  of  this  descrip- 
tion of  our  naval  force.  To  the  .steamers  thus  authorized  under 
contracts  made  by  iho  Secretary  of  the  Navy,  should  be  added  live 
other  steamers  authorized, under  (contracts  made  in  pursuance  of 
law  by  the  Postmaster  General  ;  m'lkingan  addition,  in  the  whole, 
of  oiglileen  war  steamers,  subject  to  bo  taken  for  public  use.  .Vs 
further  contracts  for  the  transportation  of  the  mail  lo  foreign  coun- 
tries may  bo  authorized  by  Congress,  this  number  may  be  enlarged 
indefinitely. 

The  enliyliteiied  jiolicy  by  which  a  rapid  uommunication  witli 


the  various  distant  parts  of  the  globe  is  established,  by  means  ol 
American-built  sea  steamers,  would  find  an  ample  reward  in  the 
increase  of  our  commerce,  and  m  making  our  country  and  its  re- 
sources more  favorably  known  abroad  ;  but  the  national  advantage 
is  still  greater — of  having  our  naval  officers  made  familiar  with 
steam  naviiiation,  and  of  having  the  privilege  of  taking  the  ships 
alrcadv  equjiped  lor  immediate  service  at  a  moment's  notice  ;  and 
will  be  cheaply  imrchased  by  the  compensation  to  be  paid  for  the 
transportation  of  thp  mail  in  them,  over  and  ahove  the  postages 
received. 

A  iust  national  pride,  no  less  than  our  commercial  interest.'*, 
would  seem  to  favor  the  policy  of  augmenting  the  number  of  this 
ilescri|)tioii  of  vessels.  They  can  be  built  in  our  country  cheaper, 
and  in  greater  numbers  than  in  any  other  in  the  world. 

I  refer  vou  to  the  accompanying  report  of  the  Postmaster  Gen- 
eral for  a  detailed  and  satisfactory  account  of  the  condition  and 
operations  of  that  department  during  the  past  year.  It  is  gratify- 
ing to  find  that;  within  so  short  a  period  alter  the  reduction  in  the 
rates  of  postage,  and  notwithstanding  the  great  increase  of  mail 
service,  the  revenue  received  lor  the  year  will  be  sufficient  to  de- 
fray all  the  exjicnses,  and  thai  no  further  aid.  will  be  required  from 
tlie  treasury  for  thai  purpose. 

The  lirst  of  the  American  mail  sleumers  authorized  by  the  act 
of  the  third- of  March,  18-1.9,  was  complcled  and  entered  upon  the 
service  on  the  first  of  June  last,  and  is  now  on  her  third  voyage  to 
Bremen  and  other  inlermediate  ports.  The  other  vessels  author- 
ized under  the  provisions  of  that  act  arc  in  course  of  construction, 
and  will  be  put  upon  the  line  as  soon  as  completed.  Contracts 
have  also  bi'cn  made  for  the  transportation  of  the  mail  in  a  steamer 
from  Charleston  to  Havana. 

A  reciprocal  and  satisfactory  postal  arrangement  has  been  made 
by  the  Postmasler  General  with  the  authorities  of  Bremen,  and 
no  diiriciilty  is  apprehended  in  making-  similar  arrangements  -with 
all  other  powers  with  which  we  have  communications  by  mail 
steamers,  except  with  Great  Britain. 

On  the  arrival  of  the  first  of  the  American  steamers,  bound  to 
Bremen,  at  Southampton,  in  the  month  of  June  last,  the  British 
post  office  directed  the  collection  of  discriminating  postages  on  all 
letters  and  other  mailable  matter,  which  she  took  out  to  Great 
Britain,  or  whicli  went  into  the  British  post  office  on  their  way  to 
France  and  other  jiarls  of  Europe.  The  eflect  of  the  order  of  tfie 
British  post  office  is  to  subject  all  letters  and  other  matter  traifs- 
ported  by  .American  steamers  to  double  postage,  one  postage 
having  been  previously  paid  on  them  to  the  United  States,  while 
letters  transprjiled  in  British  steamers  are  subject  to  pay  but  a 
single  postage.  This  measure  was  adopted  \yith  the  avo-wed  ob- 
ject of  protecting  the  British  line  ol^  mail  steamers  now  running 
between  Boston  and  Liverpool,  and,  if  permitted  to  continue,  must 
speedily  put  an  end  to  the  transportation  of  all  letters  and  other 
matter  by  American  steamers,  and  give  to  British  steamers  a 
monopoly  of  the  business.  A  just  and  fair  reciprocity  is  all  that 
we  desire,  and  on  this  we  must  insist.  By  our  laws,  no  such  dis- 
crimination is  made  against  British  steamers  bringing  letters  mto 
our  ports,  but  all  letters  arriving  in  tlie  United  States  are  subject 
to  the  same  rate  of  postage,  whether  brought  in  British  or  Ameri- 
can vessels.  I  refer  you  "to  the  report  of  the  Postmaster  General 
for  a  full  statement  of  the  facts  of  the  case,  and  of  the  steps  taken 
by  him  to  correct  tliis  inequality.  He  has  exerted  all  the  power 
conferred  upon  him  by  the  cxistin~g  laws. 

The  minister  of  tlie  United  States  at  London  has  brought  the 
.sidiject  to  the  attention  of  the  British  sjovernment,  and  is  now  en- 
gaged in  negotiations  for  the  purpose  of  adjusting  reciprocal  postal 
arrangements,  which  shall  be  equally  just  to  both  countries. 
Should  he  fail  in  concluding  such  arrangements,  and  should  Great 
Britain  insist  on  enforcing  ihe  unequal  and  unjust  measure  she  has 
adopted,  it  will  become  necessary  to  confer  additional  powers  oil 
Ihe  Postmaster  General,  in  order  to  enable  him  to  meet  the  emer- 
gency, and  to  put  our  own  steamers  on  an  equal  footing  with 
Britrsh  steamers  engaged  in  transporting  the  mails  between  the 
two  countries;  and  1  recommend  that  .s.ucii  powers  be  conferred. 

In  view  ijf  the  existing  state  of  our  country,  I  trust  it  may  not 
be  inapjiropriate,  in  closing  this  communication,  to  call  to  mind  the 
words  of  wisdom  and  adiuonilii>n  of  the  first  and  most  illustrious  of 
my  predecessors,  in  his  farewell  address  to  his  countrymen. 

Tliat  greatest  and  best  of  men,  who  served  his  country  so  long, 
and  loved  it  so  much,  foresaw,  with  "serious  concern,"  the  danger 
to  our  Union  "of  characterizing  parties  by  geographical  discrimi- 
nations— northern  and  southern,  Jltlantlc  and  western — whence 
designing  men  may  endeavor  to  excite  a  belief  that  there  is  a  real 
dili'crencc  of  local  interests  and  views,"'  and  warned  his  countrymen 
against  it. 

So  deep  and  solemn  was  his  conviction  of  the  importance  of  the 
Union,  and  of  iireserving  harmony  between  its  different  parts,  that 
be  declared  to  his  countrymen  in  that  address,  "it  is  of  infinite 
moment  that  you  should  properly  estimate  the  immense  value  of 
your  national  Union  to  your  collective  and  individual  happiness; 
that  you  should  cherish  a  cordial,  habitual,  and  immoveable  attach- 
ment to  it;  accustoming  yourselves  to  think  and  to  speak  of  it  as  a 
palladium  of  your  political  safety  and  prosperity;  watching  for  its 
l)reservation  with  jealous  anxiety;  discountenancing  whatever  may 
suggest  even  a  suspicion  that  il  lan  in  .any  event  be  abandoned;  and 
indignantly  frowning  upon  the  first  dawning  of  every  attempt  to 
alicnati^  any  )iortioii  of  our  country  from  the  rest,  or  to  enfeebto 
iho  sacred  lies  which  now  liidc  together  the  various  parts." 

Alter  the  lapse  of  half  a  century,  these  admonitions  of  Washing- 
ton fall  upon  us  with  all  the  force  of  truth.     It  is  difficult  to  esti- 


December  7.] 


THE  PRESIDENT'S  MESSAGE. 


11 


mate  the  "immense  value''  of  our  glorious  Union  of  confederated 
States,  to  which  wo  are  so  much  indebted  for  our  growth  in  popu- 
lation and  wealth,  and  for  all  that  constitutes  us  a  great  and  hap- 
py nation.  How  unimportant  are  all  our  dilTercnces  of  opinion 
upon  minor  questions  ot  pi4>lic  policy,  compared  with  its  preserva- 
tion; and  how  scrupulously  should  we  avoid  all  agitating  topics 
which  may  tend  to  distract  and  divide  us  into  contending  parties, 
separated  .by  geographical  lines,  whereby  it  may  be  weakened  or 
endangered. 

Invoking  the  bles.^ing  of  the  Almighty  Ruler  of  the  Universe 
upon  your  deliberations,  it  will  bo  my  lughost  dut}^,  no  less  than 
my  sincere  pleasure,  to  co-operate  with  you  in  all  measures  which 
may  tend  to  promote  the  honor  and  enduring  welfare  of  our  com- 
mon country.  JAMES  K.  POLK. 

Washington,  December  7,  1847. 

After  the  reading  of  the  message  had  been  proceeded  with  for 
some  time, 

Mr.  SEVIER  remarked  that  the  message  was  a  long  one,  and 
(hat  Senators  already  had  it  upon  their  desks.  He  therefore  mo- 
ved that  its  further  reading  be  dispensed  with  ;  which  was  agreed 
to. 


PRINTING   OF  THE  MES.;.\GE. 

On  motion  by  Mr.  BREESE, 

Ordered,  That  fi\-e  thousand  copies  of  the  Message  and  two 
thousand  copies  of  the  message  and  accompanying  documents,  in 
addition  to  the  usual  number,  be  printed  for  the  use  of  the  Senate. 

Mr.  ALLEN  suggested  that  a  still  larger  number  should  be 
printed.  The  message  of  the  present  session,  he  said,  was  one  of 
unusual  interest  to  this  country;  it  was  extremely  long,  too  lon'» 
to  be  insert(;d  in  all  the  newspaners  of  the  country  ;  and  for  these 
reasons  he  would  move,  in  order  that  it  might  receive  a  large  cir- 
culation, that  twenty  thousand  additional  copies  of  the  messa"-ebo 
printed. 

Mr.  CRITTEXDEN  inquired  how  many  copies  of  the  docu- 
ments accouipanying  the  message,  it  was  proposed  to  print? 

Being  infjjrmed  that  it  was  two  thousand  copies  of  the  message 
and  documents  and  twenty-five  thousand  copies  of  the  message 
alone.  Mr.  Crittenden  acquiesced,  and  the  motion  of  Mr.  Allen 
was  agreed  to. 

On  motion. 

The  Senate  adjourned. 


12 


FRINTLNG  OF  THE  MESSAGE. 


[Wedkesday, 


AVEDNESDAY,  DECEMBER  9,  1847 


The  Hon.  John  M.  Clayton,  of  the  State  of  Dolawaie,.  and 
tho  Hon.  JoH.N-  Davis,  of  tho  State  of  Massachusetts,  appeared 
in  their  seats  to-day . 

CREDENTIALS   OF  SENATORS. 

Mr.  DAVIS,  of  Massachusetts,  whose  credentials  as  a  Senator 
of  tho  United  States,  from  the  State  of  Massaelmsetts,  for  the  terni 
of  six  years  from  and  after  the  4th  of  March,  1847,  were  in-esontcd 
at  the  last  session,  after  having  talien  the  oath  of  office,  which  was 
administered  to  him  at  tlic  hands  of  the  Vice  Pbesibent,  took  his 
^eat. 

THE  PUBLIC  printers. 

The  VICE  PRESIDENT  l.iid  before  the  Senate  the  lollowiiig 
letter,  which  was  read  : 

Wasiiinuton,  DecenibtT  7,  1847. 
Thp  Ho.v.  O.  M.  l).M.l.»s.  Presiileiit  of  tlic  L'nilril  Suites  Sen,ite : 

Sr  Hoidini:  llii-  n-laliou  of  rrinler.  10  llu-  lioilv  over  wliidi  you  ]>resiil.-,  liniiir  a 
.■oiitract  made m  conlormitv  «ilh  an  act  of  Consre**,  it  may  liavo  been  oxprrtod  that 
wc  jhoulil  have  been  preiiarcd  to  place  o.i  Ike  desks  of  Senaton>,  printed  copies  of  the 
I'iMiJcnt's  annual  message  at  llie  lime  it  was  read  by  your  Secretary,  i  Ins  lins  hern 
tlie  piaeticeof  onr  predecessors  ;  and  a  fallnrc  on  our  part  to  be  equally  prompt  in.i> . 
without  e.\pIanalion,  operate  injuriously  against  as. 

We  cannot  hut  be  sensitively  alive  to  any  impiuation  on  our  trusl-worlhiiipss,  even 
by  implication  :  and  not  leis  jealous  of  our  repulalion  as  printers,  which  may  he  artee- 
led  by  the  fact,  that  Senators  were  iiidehleil  to  a  daily  newspaper  for  eojnes  ol  the  mes 
sa"e  whiuh  the  utiicial  [irinlers  hae  failed  or  ni-slccted  lo  furnish.  \\  e.  therefore, 
di-en'i  it  due  to  ourselves,  and  due  to  the  Seu.ate.  whose  printing  we  haye.ontraded  lo 
e.\ecire,  that  we  should  state  tile  cause  of  this  unparalleled  omission  of  a  ronjtression 
ai  printer,  and  thereon  rest  our  appeal  tor  the  indulgenee  of  the  Senate,  for  tlie  delay 
in  furnishing'  the  documeiiLs  iii  (piestion,  in  the  ordmary  form.  That  cause  w.xs  simply 
the  t«fu.sal  of  the  President  of  tlie  [.Suited  States  to  furnish  us  \yilh  a  copy,  aecordin;,' 
to  well  established  usnije,  in  advance  of  its  delivery  to  the  two  houses  of  Congress, 

\Vc  trust  that  this  fact  may  be  our  sutTicient  apology  to  the  Senate  of  the  1,'niletl 
ytatcs,  to  wliicli  we  respcetfiilly  a.sk  you  to  eommunieale  it. 

With  senlimcnlsof  great  respect,  we  are,  sir,  your  obedient  servants, 

VVendkll  &:  Van  He.stiuvskn. 

rEPORT  EROM  STATE  DEPARTMENT'. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of 
the  Secretary  of  State,  made  agreeably  to  law,  accompanied  by 
statements,  showing  the  appropriaiions  and  disbursements  for  the 
service  ot  the  department  for  the  year  ending  June  30,  1847;  v.-hich 
was  read . 

FROM    STATE    LEGISLATURES. 

The  VICE  PRESIDENT  presented  a  memorial  of  the  Legis- 
lature of  the  Territory  of  Oregon,  praying  that  the  settlers  in 
that  territory  may  be  conlirmed  in  their  titles  to  the  hinds  occu- 
pied bv  them;  and  the  adoption  of  measures  for  the  promotion  of 
education  ;  and  for  facilitating  the  navigation  of  the  Columbia 
river. 


Ordered,  That  it  lie  on  the  table  and  lie  printed. 

Mr.  DIX  presented  a  preamble  and  resolutions  passed  by  the 
Legislature  of  tho  State  of  New  York,  rerpicsting  the  Senators 
and  Representatives  of  that  State  in  Congress,  to  vote  fur  the 
passage  of  a  law  grantinLT  public  land  for  the  construction  of  a 
railroad  from  Lake  Michigan  to  the  Pacific,  according  to  the  plan 
proposed  by  Asa  Whitney,  a  citizen  of  New  York. 

Ordered,  That  they  lie  on  the  tabic  and  be  printed. 

Mr.  DICKINSON  presented  resolutions  passed  by  the  Legisla- 
loro  of  the  Slate  of  New  York,  instructing  tho  Senators  and  re- 
questing the  Representatives  of  that  Sate  in  Congress,  to  use  their 
best  edbrts  to  procure  a  repeal  of  certain  provisions  of  the  laws 
regulating  the  franking  privilege  and  tho  postage  on  letters  and 
newspapers. 

Mr.  DICKINSON  then  said  :  Serious  exception  has  been  taken 
111  the  clause  of  the  postage  law  charging  postage  upon  news- 
papers within  tliirly  miles  of  the  place  where  they  are  printed. — 
That  clause  has  been,  it  seems,  received  with  great  disapprobation 
hy  the  public;  and  in  moving  to  refer  these  resolutions,  as  I  shall, 
lo  the  Post  Ofllee  Committee,  when  appointed,  I  shall  think  it 
proper  lo  call  the  attention  of  the  Senate  especially  to  this  sub- 
icct.     I  move  at  present  thai  these  resolutions  lie  upon  the  table. 

Ordered,  That  they  lie  on  the  tabic  and  be  printed. 

PETITIONS. 

Mr,  DIX  presented  tho  memorial  of  Sarah  Ann  Hart,  widow  of 
B.  F.  Hart,  late  n  purser  in  the  Navy,  praying  a  pension. 

Ordered,  That  it  lie  ou  the  table. 

Mr.  DIX  presented  a  memorial  of  Sarah  Ann  Harl,  widow,  and 
Monmouth  B.  Hart,  Joel  Kclley  and  AVilliam  Close,  sureties  of 


Benjamin  F.  Hart,  deceased,  late  a  purser  in  the  Navy,  praying 
that  a  balance  standing  against  him  on  the  books  of  the  Treasury, 
for  certain  stores  which  were  lost  by  the  wrecking  of  a  Uiiilod 
States  vessel,  may  be  cancelled. 

Ordered,  That  it  lie  on  the  table. 

« 
Mr.  DIX  presented  the  memorial  of  Francis  0.  Dorr,  and  An- 
drew C.  Dorr,  in  behalf  of  their  brother  Gustavus  Dorr,  lalB  a 
captain  in  the  army,  who,  they  allege,  was  unjustly  dismissed 
from  the  service  for  acts  done  while  in  a  state  of  mental  derange- 
meit,  caused  bv  an  injury  received  while  on  duty,  praying  that  he 
may  be  allowed  a  pension'. 


Ordered,  That  it  lie  on  the  table. 

Mr.  DIX  presented  the  petition  of  Phebe  Wood  and  Sylvia  Ann ' 
Wood,  children  of  Jetl  ro  Wood,  deceased,  praying  an  extension  of 
the  patent  crantod  to  their  father  for  an  improvement  in   the   con- 
struction of  the  plough. 

Ordered.  That  it  lie  on  the  table. 

APPOINTMENT    OF    COMMITTEES. 

Mr.  ATHERTON  submitted  the  following  resolution,  which 
was  considered  by  unanimous  consent,  and  agreed  to  : 

Hcsnfvcfl.  That  on  iMonday  ne-vl,  al  one  o'clock,  the  Senate  will  proceed  to  the  ap- 
pointment of  standing  commiltees,  in  aeeord,ance  with  the  rules. 

PRINTING    OF    THE    MESSAGE. 

Mr.  ALLEN  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent: 

Wc.so/cerf,  That additional   copies  of  the  doenmenu  accompanying  the  <*resi- 

dent's  annual  message  be  printed  for  the  use  of  the  Senate. 

Mr.  ALLEN. — The  number  is  left  blank  because,  upon  con- 
versing with  a  number  of  gentlemen  of  this  body,  I  found  they 
were  all  agreed  as  to  the  necessity  for  printing  an  additional  num- 
ber, but  they  disagreed  as  to  the  number  that  was  thought  to  be 
adequate.  I  believe  it  will  be  gei^erally  conceded  that  there  ought 
to  be,  of  some  of  these  documents,  a  very  large  additional  number 
printed,  and  it  has  been  suggested  by  some  of  the  intelligent  and 
experienced  members  of  the  Senate,  that  it  would  be  well;  proba- 
bly, to  print  a  very  large  inimber  of  the  report  from  the  War  De- 
partment, and  omit  the  printing  of  the  others,  because  the  events 
of  the  war  with  Mexico  are  of  the  highest  degree  of  importance — 
as  interesting  not  only  the  public  feelings  of  the  country,  but  inter- 
esting in  a  high  degree  the  private  feelings  of  so  many  families. 
I  think,  sir,  that  there  are  circumstances  connected  with  the  whole 
action  of  this  government  which  make  the  reports  from  all  the  de- 
partments peculiarly  interesting  this  year.  For  instance,  the  same 
reason  which  gives  extraordinary  importance  at  this  time  to  the 
report  from  the  War  Department,  give  almost  equal  importance 
to  the  report  of  the  Secretary  of  the  Navy;  so,  too,  as  regards  the 
report  from  the  Treasury  Department.  The  operation  of  the  new 
system  of  finance  which  the  country  has  recently  adopted,  gives  a 
transcendent  importance  to  that  report  in  connexion  withthe  re- 
port proceeding  from  that  department  of  the  Executive  govern- 
ment. So,  too,  of  the  report  from  the  Post  Office  Department. — 
That  report  will  disclose  the  results  which  experience  has  elicited 
,'is  to  the  efficacy  and  the  policy  of  the  new  system  of  postage. 
The  same  reason  Ino  which  gives  importance  to  the  reports  of  The 
Secretary  of  War  and  the  Secretary  of  the  Navy,  gives  equal  im- 
portance to  the  rejiort  from  the  State  Department,  as  beino  the 
political  feature  of  this  war.  It  is  perfectly  manifest,  therefore, 
that  the  reports  from  all  the  departments,  owing  to  the  peculiar 
circumstances  of  the  country  and  the  peculiar  developements  of  tht 
recently  adopted  policy  of  "the  government,  are  of  transcendent 
importance  to  the  country.  For  these  reasons.  I  have  left  the 
number  blank,  in  order  that  any  gentleman  may  suirgest  a  number 
with  which  it  shall  be  tilled,  which  may  meet  liie  general  approba- 
tion of  the  Seriate.  I  ask  the  action  of  the  Senate,  at  this  time 
upon  the  resoliition. 

Mr.  CAMERON.— I  move  to  (ill  the  blank  with  10,000,  which 
will  be  about  2(10  for  each  member  of  the  Senate  ;  and  I  am  in- 
dueed  to  do  this  because  bv  the  recent  act  in  regard  to  printing 
the  additional  number  will  add  very  little  to  the  cost.  After  tho 
types  have  once  been  set.  very  little  cost  attends  the  printing.— 
Besides,  the  message  will  be  published  in  all  tho  mnvspapers, 
and  the  public  will  have  an  opportunity  to  read  it,  hut  I  ho  docu- 
ments beincr  so  laru'c  will  not  obtain  equal  publicity  unless  distrib- 
uted by  order  of  the  Senate. 

Mr.  NILES,— I  do  not  rise  to  oppose  this  motion,  sir.  1  think 
It  is  a  very  important  one.     If  my  honorable  friend  from  Ohio  will 


December  9.] 


NOTICES  OF  BILLS. 


13 


move  to  reconsider  the  motion  made  ycf^terday,  to  order  the  print- 
injr  of  20,000  copies  of  the  messa£;e  without  the  documents,  and 
5,000  with,  making  25,000  in  all,  I  might  be  inclined  to  sustain 
that  motion.  Wo  ave  certainly  beginning  in  a  pretty  liberal  spirit 
in  regard  to  the  printing  expenses  of  this  body.  Andf  I  wish  to  say 
a  word  at  this  time  to  my  worthy  friend  from  Pennsylvania,  who, 
somehow,  stuck  an  additional  daily  paper  upon  i.s.  Now,  three 
are  more  tlian  I  can  tind  time  to  read  ;  and,  it  a  very  distinguished 
gentleman  from  Georgia  some  years  ago,  had  been  here  when  that 
motion  was  made,  we  should  probably  have  had  a  very  serious  de- 
bate before  what  that  gentleman  would  have  denominated  a  gross 
abuse,  and  in  fact  a  violation,  of  what  he  thought,  of  the  constitution 
of  the  United  States,  would  have  received  the  sanction  of  this  body. 
However,  that  is  a  small  maifcr.  I  adiuit,  witii  the  honorable 
Senator  from  Ohio,  that,  in  the  present  interesting  condition  of  the 
public  affairs,  the  documents  which  are  laid  before  us,  are  perhaps 
of  something  more  than  ordinary  importance;  and  I  would  there- 
fore be  prepared,  sir,  to  increase  the  number  that  we  may  be  dis- 
posed to  publish  of  those  documents.  But  in  regard  to  the  mes- 
sage standing  alone,  I  consider  it  altogether  idle:  for  I  hardly 
think  I  should  undertake  the  drudgery  of  sending  off  the  number 
that  would  fall  to  my  share,  particularly  after  the  circulation  of 
the  newspapers  containing  it.  Therefore,  I  see  no  necessity  for 
increasing  the  number  of  copies  of  the  message  by  itself.  If  the 
honorable  Senator  will  make  the  motion  that  1  have  suggested,  I 
would  prefer  it  to  the  one  which  he  has  now  made. 

Mr.  ALLEN. — I  will  say  that  as  to  the  form  in  which  the  mo- 
tion is  put  I  have  no  particular  solicitude,  but  if  the  rcet>nsidera- 
tion  of  the  vote  which  was  jiassed  yesterday,  to  print  20,000  copies, 
should  result  in  a  modification  so  as  to  print  10,000  only,  and  the 
motion  as  proposed  to  be  amended  liy  the  Senator  from  Pennsyl- 
vania, should  pass  to  print  no  more  than  15,000  copies  of  the  mes- 
sage and  10,000  of  the  documents,  I  should  have  no  objection  ;  but 
if  the  object  be  barely  to  diminish  the  number  of  the  copies  of  the 
message,  without  increasing  the  number  of  the  documents,  why 
then,  I  shall  be  inclined  to  oppose  it. 

Mr.  NILES. — I  think  the  number  proposed  is  too  large.  Fif- 
teen thousand  of  the  message  alone,  and  an  additional  10,000  with 
the  documents,  are  too  many.  We  are  advancinn;  pretty  rapidly  ; 
we  are  making  too  much  progress.  I  am  the  friend  of  progress, 
but  I  do  not  want  to  get  along  too  fast.  I  propose  the  printing  oi" 
."'.000  copies,  which  will  be  ample. 

Mr.  WESTCOTT.— I  would  inquire  how  many  5,000  will  give 
to  each  Senator  ?  Not  more,  I  believe,  than  about  forty-eight  co- 
pies. The  reports  from  the  officers  of  the  army  to  the  Secretary 
at  War  are  very  much  sought  for  by  the  public  ;  I  have  received 
applications  for  copies  of  these  documents.  Persons  haying  rela- 
tions in  Mexico  would  like  to  possess  these  documents  in  a  suitable 
form  for  preservation,  instead  of  the  perishable  newspaper.  I 
hope  the  honorable  Senator  will  withdraw  his  amendment,  and 
that  the  original  motion  will  be  so  modified  as  to  reduce  the  nnm- 
ber  of  the  messages  and  increase  the  number  of  the  reports.  ]f 
the  copies  of  the  message  ordered  yesterday  had  been  furnished,  I 
should  have  been  in  favor  of  using  the  whole  number  ;  but  we  will 
not  receive  them  until  to-morrow  probaly,  and  in  the  meantime, 
the  message  ^vill  be  diffused  throuirhout  the  whole  country.  I  do 
not  want  to  send  off  a  single  message  unaccompanied  by  the  docu- 
ments. I  am  in  favor  of  printing  the  largest  number  which  has 
been  suggested.  It  will  not  be  too  great  for  the  wants  of  the 
country. 

Mr.  MANGUM  asked  for  the  reading  of  the  resolution;  and  on 
its  being  again  read,  he  said  :  I  would  inrpiire  what  are  the  docu- 
ments accompanying  the  message  ?  From  what  Departments  are 
the  reports  ? 

Mr.  ALLEN. — From  all  the  departments,  except  the  Treasu- 
ry ;  from  the  War,  the  Navy,  the  State,  and  the  Post  Office  de- 
partments. 

The  question  being  put  on  filling  the  blank  with  10,000,  it  was, 
upon  a  division,  decided  in  the  affirmative — ayes  32,  noes  not 
counted. 

The  resolution,  as  amended,  was  then  adopted. 

JOHN    PAUL    JONES. 

Agreeably  to  notice  given  yesterday,  Mr.  HANNEGAN  asked 
and  obtained  leave  to  bring  in  a  bill  for  the  relief  of  the  heirs  of 
John  Paul  Jones  ;  which  was  read  a  first  and  second  time  hy  unan- 
imous consent,  and  considered  in  Committee  of  the  Whole. 

Mr.  HANNEGAN.— It  is,  I  know,  a  rather  unusual  proposi- 
tion. But  I  trust  the  extraordinary  circumslanccs  which  occurred 
in  relation  to  this  bdl,  at  the  close  of  the  last  session,  will  induce 
the  Senate  to  suspend  the  rules  and  aivc  it  a  third  readinu-  now. 
The  b-ll  is  now  in  Committee  of  the  Whole  ;  and  without  "detain- 
ing the  Senate  more  than  a  very  few  moments,  I  will  simply  state 


that  it  is  the  identical  bill  which  passed  both  houses  last  session, 
without  a  division  ;  at  all  events,  without  a  division  in  the  Senate, 
for  it  passed  this  body  by  a  unanimous  vote.  I  believe  that  the  ac- 
tion of  the  other  House  was  equally  unanimous.  It  passed  the 
Senate  on  the  last  night  of  the  session.  On  the  way  from  the  desk 
of  the  Secretary  to  tjic  room  of  the  Vice  President,  where  the  Pre- 
sident was  appending  his  signature  to  bills,  it  was  lost  in  the  lob- 
by,  and  was  not  recovered  till  after  the  adjournment  of  Congress 
when,  of  course,  it  could  not  be  signed  by  the  President,  'since 
that  event,  the  unfortunate  and  accomplished  gentleman  then  in 
charge  of  the  bill,  and  who  was  no  doubt  well-remembered  by 
members  of  the  Senate,  had  died.  He  had  left  a  widow  and  child- 
and  I  trust  there  is  no  indelicacy  in  remarking  that  prompt  action 
on  this  bill  is  of  essential  importance  to  them. 

No  amendment  being  made,  the  bill  was  reported  to  the  Senate. 

Ordered.  That  it  be  engrossed  and  read  a  third  time  by  unani- 
mous consent. 

Ursiih-cil.  Tli:il  tlie  IjiII  pn-s.  .Illil  tli.ll  tlie  lill.'  tlipreol"  be  ".\n  »rt  lor  llir  relirl  of 
tlip  lieirs  of  John  P-tnl  Jones^'' 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  on  this  bill. 

RECONSIDEBATION. 

On  motion  by  Mr.  iN'iles,  the  vote  of  yesterday  ordering  tweniv 
thousand  copies  of  the  message,  without  the  documents,  to  be 
printed  for  the  use  of  the  Senate,  was  reconsidered,  and 

The  said  motion  having  been  amended  by  striking  out  "twenty" 
and  inserting  "'ten,"  was  agreed  to,  as  follows  : 

Ordered,  That  ten  thousand  copies  of  the  message,  without  the 
documents,  be  printed  for  the  use  of  the  Senate. 

NOTICES    OF   BILLS. 

Mr.  DIX  gave  notice  that  on  to-morrow,  or  at  some  early  day, 
he  would  ask  leave  of  the  Senate  to  introduce  the  following  bills  ; 

A  bill  to  establish  a  branch  of  the  Mint  of  the  United  States  in 
the  city  of  New  York. 

A  bill  for  the  relief  of  Mangle  M.  Quackenboss. 

Mr.  BREESE  gave  notice  that  on  to-morrow,  or  at  some  early 
day,  he  would  ask  leave  of  the  Senate  to  introduce  the  following 
bills  : 

A  bill  to  reduce  and  graduate  the  price  of  the  public  lands. 

A  bill  to  grant  to  the  State  of  Illinois  the  right'of  way  through 
the  public  lands,  and  for  other  purposes. 

A  bill  for  the  relief  of  Joseph  Wilson. 

A  bill  to  authorize  persons  to  whom  reservations  have  been 
made  under  certain  Indian  treaties,  to  alienate  the  same  in  fee. 

Mr.  DICKINSON  gave  notice  that  he  would,  on  to-morrow,  or 
at  some  early  day,  ask  leave  of  the  Senate  to  introduce  the  follow- 
ing bill  : 

A  bill  to  amend  the  act  in  relation  to  seamen  naviiiating  waters 
in  vessels  of  the  United  States.  &c. 

Mr  GREENE  gave  notice  that  on  to-morrow,  or  at  some  early 
day,  he  would  ask  leave  of  the  Senate  to  introduce  the  following 
bill  : 

A  bill  for  the  relief  of  Robert  Purkis. 

Mr.  ASHLEY  gave  notice  that  on  to.morrow,  or  at  sonic  early 
day,  he  would  ask  leave  of  the  Senate  to  introduce  the  following 
bills  : 

A  bill  to  establish  a  general  pre-emption  system. 

A  bill  to  divide  the  Judicial  District  of  Arkansas  into  two  Judi- 
I'ial  Districts. 

WITHDR.VWAI.  OF  PAPERS. 

Mr.  HUNTER  asked  and  obtained  leave  to  withdraw  from  the 
files  of  the  Senate  the  papers  relating  to  the  claim  of  the  heirs  of 
John  B.  Grayson,  deceased. 

Mr.  BREESE  asked  and  obtained  leave  to  withdraw  IVom  the 
files  of  the  Senate  the  papers  in  the  ease  of  Nehemiah  Brush. 

Mr.  SEVIER  asked  and  obtained  leave  to  withdraw  from  the 
files  of  the  Senate  the  memorial  of  the  Legislature  of  Arkansas, 
upon  the  subject  of  the  removal  of  the  rSft  of  Red  river,  for  the 
purpose  of  having  it  referred  to  the  Committee  on  Commerce. 

On  motion. 

The  Senate  adjowrned. 


14 


THE  LATE  SENATOR  HUNTINGTON. 


[Thtjksday, 


THURSDAY,  DECEMBER  10,  1847 


REPOJirS   FROM  THE   DEPARTMENTS. 

The  VICE  PRKSIDENT  laid  before  the  Senate  a  eomiiiuniea- 
tion  from  the  Treasury  Department,  made  agreeably  to  law,  ac- 
companied by  copies  of  the  Treasurer's  accounts  with  the  United 
States,-for  the  3d  and  4tli  quarters  of  1846.  and  1st  and  2d  quar- 
ters of  1847,  as  adjusted  by  the  aeeoimtingollicers  of  the  Treasury. 

The  VICE  PRESIDENT  also  laid  before  the  Senate  a  commu- 
nication from  the  Second  Auditor  of  the  Treasury,  made  agreeably 
to  law,  transmitting  copies  of  such  accounts  as  liave  been  render- 
ed bv  persons  charged  or  entrusted  \\ith  the  disbursement  or  ap- 
plication of  moneys,  goods  or  cflects  for  the  benelit  of  the  Indians, 
from  the  1st  October,  1845,  to  the  30ih  Septendier,  1846, inclusive, 
together  with  a  statement  containing  a  list  of  the  names  of  all 
persons  to  whom  goods,  moneys  or  ofTccts  ha\-e  been  delivered, 
within  the  same  period,  specifying  the  amount  and  object  for  which 
they  were  intended,  the  amount  accounted  for.  and  the  balance 
(under  each  specific  head)  slill  remaining  in  their  liamls. 

PETITIONS. 

Mr.  BREESE  presented  the  petition  of  Dorothy  Payne,  widow 
of  Adams  Payne,  deceased,  a  soldier  in  the  last  war  with  Great 
Britain,  praying  that  she  may  be  allowed  a  pension. 

Ordered,  That  it  lie  on  tlie  fable. 

Mr.- DOUGLAS  presented  the  petition  of  David  B.  Sears,  of 
Illinois  praying  the  right  of  pre-eni]ition  to  a  certain  tract  of  land. 

Ordered,  That  it  lie  on  the  tabic. 

l.E(;Isr..\TlVE    RESOLUTIOXS. 

Mr.  CL.\RKE  presented  resolutions  of  the  Stale  of  Rhode  N. 
land  and  Providence  Plantation,s  in  favor  of  a  rail  road  from  Lake 
Michigan  to  the  Pacific  coast,  and  the  appropriation  of  public 
lands  on  the  route  for  the  purpose  of  eUccting  that  object. 

Ordered,  That  the  resolutions  be  printed. 

WITHBRAW.M,  OF  PAPERS. 

Mr.  HALE  asked  and  obtained  leave  to  withdraw  from  the  files 
ol  the  Senate  the  petition  and  papers  of  William  Fuller  -ind  Or- 
lando Saltmarsh. 

,,  ^/,-  STURGEON  asked  and  obt:ained  leave  to  Vithdraw  from 
the  files  ol  the  Senate  the  memorial  of  Titian  R.  Peale,  and  aeeom- 
panymg  documents.  ' 

ni-^ll'  «'^r"-  .?''■'■''  •''•"'  ^■'"'''',»--''  l^'«^''  <"  ^vithdraw  from  the  files 
ol  the  Sena  e  the  petition  and  papers  of  Abel  Gav  and  Walter 
Loorais,  with  a  view  of  having  them  referred  to  the  Committee  o, 
the  Post  Oilicc  and  Post  Roads.  '-ommittee  on 

.VOTICES  OK   BII.I.S. 

Mr.  NILES  gave  notice  that  he  should,  at  an  early  day,  ask 
Rhode"  "'""^  '"  introduce   a  bill  for  the   relief  of  Thomas 

Mr.  DICKINSON  gave  notice  that  he  .should,  at  an  early  day 
WrTws  "    to  introduce  a   bill    for   the    relief  of  Asri 

ROUTE  TO  CALIFORNIA. 

Mr  PEARCE  submitted  the  following  resolution  wliicl,  wa« 
eonsidercd  by  unanimous  consent,  and  agreed  to  : 

lle.iulceJ.  That  Ilic  Secrctafvnr  Wnt  !«>  illmi,.,!  i  , 

lot<0.,  Dk-Bc  i„  (.-aliloouu.  by  Lieu  c  in    VVm  ,m   I  '■'•""•■'"';"l  '■  ">  Missouri, 

Knpnocr,,  with  ll„.  n.a,,  of  <LSo,"  2\„{  u\T""-  "^ 'll'■:^o|,o^.m,,hical 
mot.  ;  a.  „l,o  Ih.-  n-,,o,l  of  Col  P  ii,,  i^  f  .  "i,"r  'Y^"-"'"'-  n<-l  Norl,>  an.I  Gih. 
diVDHlmir  from  ih.-  track  oC  General  Krarnv  °  '  ""'""  '°  '  '■'''<''""<».  "ft" 


ADJOVRNING  OVER. 

On  motion,  it  was 
Ordered,  That  when  t\o  Senate  adjourn,  it  he  to  Monday  next. 

TIIF.    l.ATE    SENATOR    irUNTINGTON. 

Mr.  MLES  rose  and  addressed  the  Senate  as  follows: 


Mr.  President:  It  is  a  painful  duty  devolved  upon  mo  to  an- 
nounce to  the  Senate  that,  during  its  vacation,  one  of  its  members 
has  been  removed  by  death. 

The  Hon.  Jabez  W.  Huntington,  a  Senator  from  Connecti- 
cut, died  at  his  residence  in  Norwich,  in  that  State,  on  the  second 
day  of  November  last.  His  sickness  was  short,  but  severe,  which 
he  bore  with  the  Christian  fortitude  becoming  a  strong  mind,  and 
died  with  calmness  and  resignation  and  an  abiding  hope  of  a  hap- 
py  immortalily. 

Of-the  public  services  and  private  character  of  my  late  col- 
league, I  deem  it  necessary  to  say  but  a  few  words  on  this  occa- 
sion. Those  who  knew  him  best,  and  were  enabled  most  justly  to 
appreciate  his  abilities  and  manly  yirtues,  will  take  care  that  jus- 
tiee  be  done  to  his  memory. 

With  the  advantages  of' a  regular  classical  education,  Mr.  Hun- 
tington prepared  himself  for  the  legal  profession,  which  he  entered 
upon  with  a  high  jiromise  of  success,  which  his  talents  and  Indus- 
try  soon  realized.  At  an  early  age  he  attained  a  reputation  and 
standing  iit  the  bar.  which  commanded  the  respect  of  his  profes- 
'  sional  brethren,  ami  the  confidence  of  the  public. 

In  connexion  with  his  professional  business,  he  was  for  several 
years  associated  with  the  late  Judge  Gould  in  a  law  school,  where 
his  lectures  evinced  the  extent  and  accuracy  of  his  legal  aequirc- 
ment-s.  ~ 

From  this  field  of  labors  he  was  removed,  ui  1828,  to  take  a 
part  111  the  jinblie  councils  of  his  State  and  eounti-y— first  as  a 
member  of  the  State  legi.slature,  tlien  as  a  representative  in  the 
twenty-first  Congress  of  the  United  States,  followed  by  a  re-elec- 
tion  to  the  twenty-second,  and  again  to  the  twenty-thiril  Congress. 
During  his  five  years'  service  in  the  House  of  Representatives,  he 
was  distinguished  lor  Ins  industry  and  for  his  zealous  and  laborious  ' 
devotion  to  public  duties.  In  May,  1834,  whilst  one  year  of  his 
congressional  term  remained,  he  was  called  to  a  seat  on  the  bench 
of  the  supreme  court  of  judicature  of  the  State;  the  arduous  and 
responsible  duties  of  wliii-h  he  discharged  for  the  six  years  with 
laitlifnlness  and  ability,  and  to  the  general  accejftanee  of  the  pub- 
lic. From  this  exalted  station,  in  1840,  he  was  transferred  to  the 
Senate  of  the  United  States,  to  fill  an  unexpired  term  of  four 
years,  and  was  subsequently  re-elected  for  six  years  from  the  4th 
of  March,  1845. 

Of  his  services  in  this  body— his  remarkable  industry— his  habits 
ol  research  and  investigation— his  zealous  and  laborious  devotion 
to  public  business — it  is  not  necessary  for  me  to  speak,  as  those  of 
you  who  were  associated  with  him  in  these  high  duties  can  bear 
testimony  to  his  labors,  his  researches  and  his  ability. 

If  he  t-ometimes  displayed  the  ardor  of  the  partisan,  all,  I  think, 
will  accord  to  him  the  merit  of  frankness,  sincerity,  and  honesty 
in  his  opinions  and  purposes.  If  zealous  as  a  politician,  he  was  a 
sincere  friend  to  his  country,  and  ardently  sought  to  advance  what 
he  believed  to  be  its  highest  interests,  its  most  enduring  fame. 

Both  ill  his  public  career  and  in  his  irreproachable  character  in 
the  w.ilks  of  private  life,  it  is  sulTieient  to  say  that  he  well  sus- 
tained the  honor  of  the  name  he  bore,  distinguished  as  it  has  been 
in  the  public  history  of  his  native  State. 

In  concluding  these  remarks.  I  hope  to  be  excused  for  alluding 
to  the  unexampled  bereavements  which  the  Senate  has  sustained 
the  past  year  in  the  death  of  four  of  its  members,  all  in  the  prime 
of  life,  all  endeared  to  their  associates,  and  all  sustaining  a  high 
and  honorable  standing  here  and  before  the  country.  May  the'se 
dispensations  of  providence  admonish  us  that  public  honors  and 
cxolteil  station  do  not  add  the  least  strength  to  the  tenure  by 
\yhich  we  hold  our  lives.  May  they  remind  us  all  that  the  exci- 
ting scenes  which  surround  us,  and  the  deep  interest  in  questions 
which  come  before  us,  may  concern  us  individually  but  for  a  day 
or  an  hour;  and,  by  moderating  the  intemperance  of  partisan  zeal, 
may  they  dispose  the  minds  of  all,  at  this  interesting  crisis  of  our 
public  affairs,  to  act  with  moderation  and  justice,  and  with  a  sin- 
gle view  to  the  best  and  highest  interests  of  oiu-  common  country. 

Mr.  NILES  concluded  by  oHering  the  following  resolutions: 

Rrsoli-ed.  mwnimousty.  That  the  Senate.  Irom  a  sincere  ilesire  of  showing  even- 
mark  of  res|K-ct  due  to  llie  memory  a(  llie  Hon.  Jahez  W.  Huntington,  late  a  memtxjr 
ihereol.  will  go  Into  monrninj,  by  wearing  erape  on  the  left  arm  for  Uiirtv  liayii. 

Rrsolved.  viianimoiislij.  That  as  an  adtlilional  mark  of  respect  for  tlie  memorvof 
the  Hon.  iMr.  Ilnntington,  the  Senate  do  now  adjourn. 

The  resolutions  haying  been  adobted. 
The  Sonat*  adjourned. 


Deckmbf.r  13.] 


ELECTION  OF  OEFICERS. 


15 


MONDAY,  DECEMBER  13,  1847. 


The  Hon.  John  Belj,,  of  the  State  of  Tcnnesse;  the  Hon. 
Thomas  H.  Benton,  of  the  State  of  Missouri;  and  the  Hon. 
David  h.  YuLEE.of  the  State  of  Florida,  appeared  in  the  Senate 
to-day. 

CREDENTIALS. 

Mr.  TURNEY  presented  the  credenlials  of  tlie  Hon.  John- 
Bell,  elected  a  Senator  of  the  United  States  from  the  State  of 
Tennessee,  for  the  terra  of  six  years,  from  and  after  the  4th  day  ol 
March,  1847;  which  were  read. 

Mr.  BELL,  having  taken  the  oath  of  office,  which  was  adminis- 
tered to  him  at  the  hands  of  the  Vice  President,  took  his  seat. 

REPORTS    FROM    DEP.4RTMENTS. 

The  VICE  PRESIDENT  laid  before  the  Senate  the  annual 
report  of  the  Secretary  of  the  Treasury,  on  the  state  of  finances; 
which  was  read. 

Mr.  ATHERTON  moved  that  the  reports  be  printed,  and  tliat 
5,000  extra  copies  be  printed. 

Mr.  BREESE  moved  to  amend  the  motion  of  Mr.  Atherton. 
by  increasing  the  number  of  extra  copies  to  20,000.  He  said  it 
was  a  very  important  document,  and  ought  to  be  extensively  cir- 
eiilated. 

The  question  being  first  put  upon  the  larger  numlier,  it  was, 
upon  a  division,  agreed  to. 


Yeas, 

Nays, 


2.1 

17 


Majority  for  the  motion,  -  -  -  6 

Thereupon,  it  was 

Ordered,  That  the  report  be  printed;  and  that  20,000  copies,  in 
addition  to  the  usual  number,  be  printed  for  the  use  of  the  .Senate. 

The  VICE  PRESIDENT  also  laid  before  the  Senate  a  coramu- 
nication  from  the  Secretary  of  the  Treasury,  transmitting  the  Re- 
port of  the  Commissioner  of  the  General  Land  Office,  exhibiting 
the  operations  in  that  branch  of  the  public  service  during  the  fiscal 
year  ending  June  30th,  1847;  which  was  read. 

On  motion  of  Mr.  RREESE,  it  was 

Ordered,  That  it  lie  on  the  table  and  be  printed . 

The  VICE  PRESIDENT  also  laid  before  the  Senate  a  commu- 
nication from  the  Secretary  of  the  Treasury,  transmitting,  in  com- 
pliance with  the  22d  section  of  the  act  of  28th  January,  1847,  a 
statement  showing  the  amount  of  Treasury  Notes  issued  under  its 
provisions,  the  amount  of  such  Notes  redeemed,  and  the  manner  in 
which  redeemed  ;  none  having  been  purchased  or  re-issued  under 
said  act;  which  was  read  and  ordered  to  be  printed. 

The  VICE  PRESIDENT  also  laid  before  the  Senate  a  com- 
munication from  the  Secretary  of  War,  transmitting,  in  compliance 
with  a  resolution  of  the  Senate  of  the  15th  of  January  last,  a  Re- 
port of  the  Colonel  of  the  corps  of  Topographical  Engineers,  com- 
municating information  upon  the  several  subjects  designated 
therein,  as  connected  with  the  commerce  of  the  Western  Lakes 
and  Rivers;  wliich  was  read. 

On  motion  by  Mr.  SEVIER,  it  was 

Ordered,  That  the  report  be  printed,  together  with  five  liini- 
dred  extra  copies  for  the  use  of  the  Topographical  Bereaii. 

PETITIONS. 

Mr.  CAMERON  presented  the  memorial  of  Bernard  Henrv, 
late  United  Stales  naval  store-keeper  at  Gibralter,  praying  the 
payment  of  a  balance  due  him  from  the  government. 

Ordered,  That  it  lie  on  the  table. 

Mr.  RUSK  presented  the  memorial  of  George  Hervey,  in  be- 
half of  the  owners  and  consignees  of  the  English  merchant  ship, 
James  Mitchell,  praying  the  payment  of  a  sum  of  money  due  them 
under  an  act  of  Congress,  and  retained  in  the  Treasury  of  the 
United  States. 

Ordered,  That  it  He  on  the  table. 

Mr.  JOHNSON,  of  Louisiana,  asked,  and  obtained  leave,  to 
withdraw  from  the  files  of  the  Senate  the  petition  and  papers  of 
Margaret  Carmick,  widow  of  Daniel  Carmick,  deceased. 

Mr.  MASON  asked,  and  obtained  leave,  to  withdraw  from  the 
files  of  the  Senate  the  petition  and  pa  pers  of  William  B.  Slaughter. 


Mr.  CASS  asked,  and  obtained  leave,  to  withdraw  from  the 
files  of  the  Senate  the  petition  and  papers  of  HeniT  R-  Scliool- 
erafi. 

Mr.  RUSK  asked,  and   obtained  leave,  to  withdraw  from  the 
files  of  the  Senate  the  petition  and  papers  of  Bryan  Callaghan. 
Also,  the  petition  and  papers  of  E.  P.  Calkin,  &.  Co. 

Mr.  BREESE  asked,  and  obtained  leave,  to  withdraw  from  the 
files  of  the  Senate  the  petition  and  papers  of  the  heirs  of  James 
Rumsey,  deceased. 

RESOLUTIO.VS    ok    the    state    of    MAINE. 

Mr.  BRADBURY  presented  tlie  resolutions  of  the  Legislature 
of  Maine  in  favor  of  a 'railroad  from  Lake  Michigan  to  the  Pacific 
coast,  upon  'he  plan  of  Asa  Whitney,  Esq.  of  New  York  ;  and  re- 
questing the  Senators  and  Representatives  Irom  that  State  in 
Consiress  by  their  votes  and  acts  to  promote  said  obiect  ;  which 
were  ordered  to  be  printed. 

incre.^se    in  co.m.mittees. 

Mr.  SEVIER  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to  ; 

Resolved.  Tliat  during  tlie  present  session  tlie  Commillee  on  Military  .IfTair^  of  the 
Senate  eousist  of  seven  members. 

« 

Mr.  MANGUM  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to  ; 

Resolved.  That  during  the  present  session  the  Committee  on  Naval  .Affairs  of  the 
Senate  consist  of  seuen  members. 

THE    RIVER    SABINE. 

Mr.  JOHNSON,  of  La.,  submitted  the  following  resolution  for 
consideration  : 

Resolved,  That  the  i.'ommiltce  on  Commerce  be  instructed  to  inquire  into  the  e\fe 
diencv  of  making  an  appropriation  to  remove  obstructions  to  the  navigation  of  the  n- 
vcr  Sabine,  and  th.at  the  Resolotion  of  the  Legislature  of  Louisiana,  the  repon  and 
papers  on  tile  in  relation  thereto,  W  referred  to  the  said  Committee. 

ELF.CTI0N    OF    OFFICERS. 

On  motion  hv  Mr.  SEVIER  the  Senate  proceeded  to  the  elec 
tion  of  a  Secretary,  pursuant  to  the  49th  rule. 

On  counting  the  ballots  it  appeared  that  4S  votes  had  been  given, 
of  which  Mr.  Asbury  Dickens  received  46  ;  Mr.  B.  B.  French,  1  ; 
and  one  blank. 

Mr.  Dickens  having  been  declared  duly  elected  attended  ;  and 
the  oaths  prescribed  by  law  were  administered  to  him  by  the  Vice 
Pkeident. 

The  Senate  proceeded  to  the  election  of  a  Sergeant-at-Arms  and 
door  keeper,  pursuant  to  the  49th  rule. 

On  counting  the  ballots  it  appeared  that  49  votes  had  been 
••■iven,  of  which  Mr.  Robert  Beale  received  37  ;  Mr.  Nuttall  ff ; 
Mr.  Cranston  Lowry  1  ;  Mr.  C.  S.  Whitney  2;  Mr.  J.  B.  Macy 
1  ;  and  two  blanks.  ' 

Mr.  Beale,  having  been  declared  duly  elected,  attended  ;  and 
the  oaths  prescribed  by  law  were  administered  to  him  by  the  Vice 

President. 

The  Senate  proceeded  to  the  election  of  an  assistant  door-keeper, 
pursuant  to  the  49th  ride. 

On  counting  the  ballots  it  appeared  that  50  votes  had  been 
given,  of  which  Mr.  Isaac  Holland  received  49:  and  there  was  one 
blank. 

Mr.  Holland  having  been  declared  duly  elected,  attended;  and 
the  oaths  prescribed  by  law  were  administered  to  him  by  the  Vice 
President. 

message  from  the  house. 

The  following  message  from  the  House  of  Representatives,  was 
received  by  Mr.  Campbell,  their  Clerk: 

Mr.  President. — The  House  of  Representatives  have  passed  a  joint  resolution  for  tlie 
appointment  of  a  joint  committee  of  three  members  of  each  House,  to  direct  and  super 
intend  the  expenditure  of  all  moneys  appropriated  for  the  purchase  of  books  for  the  Lr 
hrary  of  Congress,  and  all  such  other  matters  pertaining  to  tlie  said  Library  not  other- 
wise provided  for  by  law,  in  which  I  am  directed  to  request  the  concurrence  of  the 
Senate. 

Mr.  John  amNcY  Adamsi,  Mr.  Preston  and  Mr.  Morpiiv  have  been  appointed 
the  said  committee  on  the  part  of  the  Honse. 

The  House  of  Representatives  has  also  passed  a  joint  resolution  that  two  Chaplains 
to  Congress  of  different  denominations  be  elected,  one  by  each  House,  to  officiate 
during  the  present  session,  and  that  they  shall  interchange  weekly;  in  which  I  am 
directed  to  request  the  convttrrence  of  the  Senate. 


16 


STANDING  COMMITTEES. 


[Monday, 


ELECTIO.V    OF    CHAPLAIN. 

On  motion  by  Mr.  SEVIER,  the  Senate  proceeded  to  consider 
the  resohition  from  the  House  of  Representatives  for  the  election  of 
the  two  Chaplains  of  different  denominations,  one  by  each  Honse, 
to  officiate  durin;;  the  present  session,  who  shall  interchange 
weekly. 

The  question  being  upon  agreeing  to  said  resolution,  it  was 

Rt.*otrtd,  Tli.-it  the  Senate  concur  therein. 

Mr.  ATCHISON  moved  to  proceed  to  the  election  of  Chaplain. 

Mr.  WESTCOTT  inquired  whether  it  would  not  be  proper 
first  to  inform  the  House  of  the  concurrence  of  the  Senate  in  the 
joint  resolution  for  the  election  of  Chaplains.  He  did  not  mean  to 
object  to  the  election  taking  place  promptly. 

Mr.  SEVIER  renewed  th5  motion  of  Mr.  Atchison,  and 

The  Senate  proceeded  to  ihc  election  of  a  Chaplain  on  their 
part. 

On  countinjz  the  ballots  it  appeared  that  -lli  votes  had  been  given, 
of  which  the  Rev.  Henry  Slicer  received  31;  Rev.  Mr.  Gurley,  7; 
Rev.  David  Smith,  7;  Rev.  Mr.  Matthews,  1. 

The  Rev.  Mr.  Slicer  was  declared  duly  elected  Chaplain  on 
the  part  of  the  Senate. 

Ordered,  Tliat  the  Secretiu-y  notify  the  Hou.se  ol  Reprcsenla- 
lives  accordingly. 

ST.VNDING    COM.MITTEES. 

Mr.  SEVIER  moved  to  proceed  to  the  election  of  .standing  com- 
mittees, which  was  agreed  to. 

Mr.  MANGUM  obsen'ed  that  the  Chairman  of  the  Committees 
having  been  informally  agreed  upon,  it  would  be  useless  to  go 
through  with  the  tedious  process  ol  ballotting  for  them.  He  there- 
fore moved  that  so  much  of  the  34th  rule  as  recpiires  their  appoint- 
ment by  ballot  be  dispensed  with  ;  which  was  agreed  to. 

On  motion,  by  Mr.  Mangum,   the  following  Chairmen  of  the 
several  committees  were  appointed  ; 

Mr.  Sevier — Chairman  of  the  Committee  on  Foreign  Relations, 
Mr.  Atherton — Chairman  on  the  Committee  of  Finance. 
Mr.  Dix — Chairman  of  the  Committee  on  Commerce. 
Mr.  Dickinson — Chairman  of  the  Committee  on  Manufaemres. 
Mr.  Stcrgeon — Chairman  of  the  Committee  on  Agriculture. 
Mr.  Cass— Chairman  of  the  Committee  on  Military  Affairs. 
Mr.  Fairfield — Chairman  of  the  Committee  on  Naval  Affairs. 
Mr.  Rusk — Chairman  of  the  Conmiiltee  on  the  Militia. 
Mr.  BREr.^'E. — Chairman  of  the  Committee  on  Public  Lands. 


Mr.  Yulee. — Chairman  of  the  Committee  on  Private  Land 
Claims. 

Mr.  Atchison. — Chairman  of  the  Coinmittee  on  Indian  Affairs. 

Mr.  Mason. — Chairman  of  the  Committee  on  Claims. 

Mr.  Bright. — Chairman  of  the  Committee  on  Revolutionary 
Claims. 

Mr.  Ashley. — Chairman  of  the  Committee  on  the  Judiciarv. 

Mr.  NiLES.— Chairman  of  the  Committee  on  the  Post  Office' jind 
Post  Roads. 

Mr.  Hannegan.— Chairman  of  the  Committee  on  Roads  and 
Canals. 

Mr.  Johnson,  of  Louisiana. — Chairman  of  the  Committee  on 
Pensions. 

Mr.  Cameron.— Chairman  of  the  Committee  on  the  District  of 
Columbia. 

Mr.  Westcott.— Chairman  of  the  Committee  on  Patents  and 
the  Patent  Otlice. 

Mr.  Turxey.— Chairman  of  the  Committee  on  Retrenchment. 

Mr.  Douglas — Chairman  of  the  Committee  on  Territories. 

Mr.  Hunter — Chairman  of  the  Committee  on  Piib'ic  Buildings. 

Mr.  Felch — Chairman  of  the  Committee  to  audit  and  control 
tlie  contingent  expenses  of  the  Senate.    . 

Mr.  Bradbury — Chairman  of  the  Committee  on  Printing. 

Mr.  Downs — Chairman  of  the  CoiAniittee  on  Engrossed  Sills. 

Mr.  Pearce— Chairman  of  the  Joint  Committee  on  the  Library. 

Mr.  Rusk— Chairman  of  the  Committee  on  Enrolled  Bills.     ' 


On  motion  uf  Mr.  MANGUM,  it  wo; 


Resolved,  That  the  election  of  the  renia 
lliitlees  he  po>I|ionc(l  nntil  to-morrow. 


linj:  nieniher>  of  the  several  standing  coni- 


joint  committee  on  the  library. 

The  Senate  proceeded  to  the  consideration  of  the  resolution 
from  the  House  of  Representatives  for  the  appointment  of  a  joint 
committee  of  three  members  of  each  House  to  direct  and  super- 
intend the  expenditure  of  all  moneys  appropriated  for  the  purchase 
of  books  lor  the  Library  of  Congress,  and  all  such  other  matters 
pertaining'  to  said  Library  not  otherwise  provided  for  by  law. 

The  question  being  upon  agreeing  to  said  resolution, 

Ucsulccd,  That  the  Senate  concur  therein. 

NOTICE  OF  BILL. 

Mr.  DIX  gave  notice  that  he  should,  on  to-morrow  or  at  some 
early  day,  ask  leave  of  the  Senate  to  introduce  a  bill  concerning 
certain  Collection  Districts,  and  for  other  purposes. 

On  motion, 

The  Senate  adjourned. 


December  14.] 


REPORT  OF  REGISTER  OF  TREASURY. 


17 


TUESDAY,  DECEMBER  14,  1847. 


COMMERCE  AND    NAVIGATION. 

Tho  VICE  PRESIDENT  laid  before  the  Senate  a  report  of 
the  Regibter  of  the  Treasury,  made  apreeaMy  to  law,  accompa- 
nied by  statements  of  the  Commerce  and  Navigation  of  the  United 
States: 

Mr.  DIX  moved  that  it  lie  on  tho  table  and  be  printed,  and  that 
2  500  extra  copies  be  printed;  2,o0  thereof  for  the  use  of  the  Sec- 
retary of  the  Treasury,  and  2.50  for  the  use  of  tho  Register  of  the 
Treasury. 

Mr.  NILES  inquired  whether  the  number  that  it  was  now  pro- 
posed to  print,  was  the  largest  number  which  had  ever  been  or- 
dered of  this  document '. 

Mr.  DIX  replied  that  he  did  not  recollect  that  a  larger  number 
had  been  ordered;  at  least,  since  he  became  a  member  of  the  Se- 
nate. 

Mr.  NILES. — In  my  opinion,  this  document  appears  to  be,  above 
all  others,  entitled  to  consideration;  and  i''  any  of  the  documents 
which  have  been  presented  to  us  justifies  us  in  incuvrinT  an  expen- 
diture of  the  public  money  in  order  that  it  may  be  diffused  through- 
out the  country,  the  report  from  tho  Treasury  Department  is 
certainly  that  document.  It  is  an  exposition  of  iacts,  not  of  theo- 
ries ;  not  of  speculations;  not  of  the  favorite  views  of  any  officer 
of  this  government,  or  of  any  body  else.  It  discloses  what  tho 
enterprise  of  our  citizens  has  accomplished.  It  shows  the  actual 
and  existing  slate  of  the  commerce  ol'  the  country,  the  resources 
of  the  country,  and  one  very  important  branch  of  its  vast  and  grow- 
ing interests.  I  propose  the  printing  of  five  thousand  additional 
numbers. 

Mr.  DIX. — I  concur  in  what  the  Senator  from  Connecticut  has 
said  in  regard  to  the  value  of  this  document;  I  cheerfully  second 
his  motion. 

Mr.  WESTCOTT. — I  would  ask  the  honorable  Senator  from 
New  York  wliether  the  number  given  to  the  Treasury  Department, 
indicated  by  him,  is  sufficient?  I  have  understood  that  a  large 
number  was  needed  for  distribution  in  return  for  similar  favors, 
from  the  governments  of  other  countries.  I  am  inclined  to  believe 
that  five  hundred  copies  will  be  necessary  to  supply  the  depart- 
ment. 

Mr.  DIX. — I  find,  on  reference  to  the  journals  of  last  winter, 
that  seventeen  hundred  and  fifty  copies  were  ordered  to  be  printetl 
in  addition  to  the  usual  number:  two  hundred  and  fifty  for  the  use 
of  the  Treasury  Department,  leaving  fifteen  hundred  for  general 
distribution.  The  next  day,  on  motion  made  by  myself,  two  hun- 
dred and  fifty  additional  copies  ol'  the  report  were  ordered  to  be 
printed;  and,  I  believe  on  a  subsequent  day,  an  additional  number 
of  copies  were  ordered  for  tbe  use  of  the  Register.  It  therefore 
appears  that  last  year  the  Treasury  Department  hail  five  hundred 
copies  for  distribution;  and  I  now  move  that  that  number  of  this 
year's  report  be  placed  at  the  disposal  of  the  Secretary  of  the 
Treasm-y. 

Mr.  DAVIS,  of  Massachusetts. — I  beg  leave  to  ask  the  Senator 
from  New  York  what  particular  distribution  of  this  document  the 
Register  of  ihi  Treasury  proposes  to  make  ?  I  desire  to  know  the 
reason  why  he,  anymore  than  any  other  subordinate  officer,  should 
be  furnished  with  the  document. 

Mr.  DIX, — The  report  is  made  by  the  Register  of  the  Treasu- 
ry. It  is  at  his  office  that  the  tables  are  prepared.  When  the 
document  is  distributed  it  is  seen  that  it  emanates  from  the  office 
of  the  Register,  and  applications  for  copies  are  frequently  made  to 
his  office.  There  is  no  other  reason  why  that  officer  should  be  sup- 
plied with  copies  of  tlie  document.  But  if  it  be  deemed  best  to 
do  so,  the  whole  of  the  copies  ordered  may  be  placed  at  the  dispo- 
sal of  the  Secretary  of  the  Treasury,  who  can  then  supply  the 
Register  with  as  many  copies  as  he  may  require. 

Mr.  DAVIS,  of  Massachusetts. — I  take  this  occasion  to  say  that 
I  concur  with  the  remarks  of  the  Senator  from  Connecticut  in  re- 
gard to  the  importance  and  value  of  this  document-  I  rio  not 
know,  however,  but  that  the  number  usually  printed  has  answered 
the  purpose  very  well.  But  the  document  is,  as  the  Senator  cor- 
rectly describes  it,  a  report  of  facts,  and  facts  which  are  extremely 
interesting  to  the  commercial  community,  as  well  as  every  body  else. 
It  contains  the  results  of  the  commercial  opflrations  of  the  vear,  and 
discloses  also  facts  in  regard  to  navigation.  I  speak  now  of  the 
foreign  commerce  of  the  country.  It  is  exceedingly  desirable,  and 
for  a  great  length  of  time  has  been  a  desideratum,  that  this  branch 
of  inquiry  should  be  extended  a  good  deal  farther.  It  is  desirable 
30th  Comg.— IsT  Session— No.  3. 


that  we  should  understand  something  of  the  statisticsof  the  coasting 
trade  of  the  country — of  internal  navigation  of  that  description.  A 
document  of  that  character  would,  in  my  judgment  greatly  surpass 
the  value  of  the  document  now  before  us,  great  as  the  value  of  that 
paper  undoubtedly  is.  I  hope,  sir,  that  before  Congress  closes  its 
sessions,  some  measures  may  be  adopted  for  the  purpose  of  obtain- 
ing statistics  in  regard  to  the  condition  and  progress  of  that  branch 
of  our  commerce,  which  is  so  interesting  to  us  all,  and  is  increas- 
ing so  rapidly.  I  shall  make  no  objection  to  the  number  stated  by 
the  member  from  Connecticut,  but  I  hope  that  we  ara  not  going 
to  run  a  little  too  diffusive  in  printing. 

Mr.  DIX.— One  word  in  order  to  correct  an  madvertenee .  I 
stated  that  two  hundred  and  fifty  copies  had  been  ordered  for  the 
use  of  the  Register  of  the  Treasury;  but  I  find  on  reference  to  the 
Journal,  that  the  order  was  for  the  use  of  the  Treasury  Depart- 
ment in  general.  I  also  find,  that  on  motion  of  the  Senator  from 
Pennsylvania  on  ray  right,  [Mr.  Cameron,]  three  thousand  addi- 
tional copies  were  ordered  to  be  printed  nearly  two  months  after 
the  report  was  presented.  I,  therefore,  move  that  five  thousand  - 
additional  copies  be  printed,  and  an  additional  five  hundred  for  the 
use  of  the  Treasury  Department,  making  no  special  provision  for 
the  Register,  who  can  obtain  the,copies  which  he  may  need  lrom» 
the  Secretary. 

The  amendment  was  then  put,  and  was  agreed  to;  and  the  reso- 
lution as  thus  amended,  was  adopted. 

Ordered,  That  it  bo  printed;  and  that  5,500  copies,  in  addition 
to  the  usual  number,  be  printed;  .^00  copies  of  which  to  be  for  the 
use  of  the  Treasury  Department. 

PETITIONS. 

Mr.  JOHNSON,  of  Louisiana,  presented  the  memorial  of  Mary 
L.  Keen,  widow  and  adininistralrix  of  Elisha  L.  Keen,  deceased, 
praying  the  repayment  of  mouey  advanced  by  her  late  husband  for 
the  use  of  the  government;  which  was  referred  to  the  Committee 
on  Clahns, 

Also,  the  memorial  of  Ann  B.  Cox,  widow  and  executrix  of 
Nathaniel  Cox,  deceased,  late  navy  agent  at  New  Orleans,  pray- 
m<r  the  payment  of  a  balance  standing  to  the  credit  ol  her  late 
hulband  on  the  books  of  the  Treasury;  which  was  referred  to  iha 
Committee  on  Claims. 

Mr.  BREESE  presented  the  memorial  of  Adelaide  Snvder  and 
Harriette  Personeau,  heirs  of  Jean  F.  Perry,  deceased,  pfaymg 
the  confirmation  of  their  claims  to  certain  lands  in  Ilhnois;  which 
was  referred  to  the  Committee  on  Private  Land  Claims. 

Mr.  DIX  submitted  additional  documents  relating  to  the  claims 
of  Hugh  W.  Dobbin;  which,  with  his  petition  on  tho  files  of  the 
Senate,  were  referred  to  the  Committee  on  Pensions. 

Also,  the  petition  of  Sarah  Crandall,  widow  of  James  Coon,  a 
soldier  in  the  last  war  with  Great  Britain,  praying  a  pension; 
which  was  referred  to  the  Committee  on  Pensions. 

Also,  the  petition  of  James  Womsby,  a  soldier  in  the  revolu- 
tionary war,  praying  a  pension;  which  was  referred  to  the  Com- 
mittee on  Pensions. 

Also,  additional  documents  relating  to  the  memorial  of  Francis 
0.  Dorr  and  Andrew  C.  Dorr;  which,  with  the  petition  and  pa- 
pers on  the  table,  were  referred  to  the  Committee  on  Pensions. 

Mr.  UNDERWOOD  presented  the  petition  of  William  Nation 
and  Rachael  Davis,  heirs  of  Christopher  Nation,  deceased,  a  sol- 
dier in  the  last  war  with  Great  Britain,  praying  to  be  allowed 
bounty  lands;  which  was  referred  to  the  Committee  on  Private 
Land  Claims. 

Mr.  STURGEON  presented  the  memorial  of  Eveline  Porter, 
widow  of  Commodore  David  Porter,  deceased,  praying  to  be  al- 
lowed a  pension;  which  was  referred  to  the  Committee  on  Naval 
AfTairs. 

Mr.  CASS  presented  the  petition  of  Lemuel  B.  Nicholls,  pray- 
ing compensation  for  services  in  assisting  in  the  emigration  of  the 
Creek  Indians,  in  1827  and  182S,  and  for  a  horse  lost  while  on  that 
duty;  which  was  referred  to  the  Committee  of  Claims. 

Mr.  PEARCE  presented  the  petition  of  Thomas  P.  McBlair,  a 
Purser  in  the  Navy,  praying  that  certain  payments  made  by  him 
to  olBcers  holding  actmg  appointments  in  the  Navy,  may  be  al- 
lowed in  the  settlement  of  his  accounts;  which  was  referred  to  tha 
Committee  on  Naval  Affairs. 

Mr.  UNDERWOOD  submitted  additional  documents  relating 
to  the  claim  of  John  Bruce;  which,  with  his  petition  on  the  files  of 
the  Senate,  were  referred  to  the  Committee  on  Naval  Afl'airs. 


18 


STANDING  COMMITTEES. 


[Tuesday, 


On  motion  by  Mr.  RUSK,  it  was 
Ordered,  That  the  memorial  of  George  Hervey  be  referred  to 
ihe  Committee  of  Claims. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 
Ordered,  That  the  memorial  of  Margaret   Carmick,    widow  ot 
Daniel  Carmick,  deceased,  be  referred  to  the  Committee  on  Naval 
Affairs. 

On  motion  by  Mr.  BREESE,  it  was 
Ordered,  That  the  petition  of  Nehcmiah   Brush  be  referred   to 
the  Committee  on  Pensions. 

On  motion  by  Mr.  FAIRFIELD,  it  was 
Ordered.  That  the  petition  of  Stephen  Snow  be  referred  to   Ihe 
Committee  on  Pensions. 

On  motion  by  Mr.  FAIRFIELD,  it  was 
Ordered,  That  the  petition  of  Walter  R.  .Tohuson  bo  referred  to 
the  Committee  on  Naval  Affairs. 

On  motion  by  Mr.  DIX,  it  was 
Ordered,  That  the  petition  of  Calvin  Emmons,  and  the   petition 
of  the  heirs  cf  Uri  Emmons,  deceased,  on  the  files  of  the  Senate, 
be  severally  referred  to  the  Committee  on  Patents  and  the  Patent 
Office. 

On  motion  by  Mr.  UPHAM,  it  was 

Ordered,  That  the  petition  of  James  Smalley,  agent  for  certain 
companies  of  Vermont  Militia,  on  the  files  of  the  Senate,  be 
referred  to  the  Committee  onlMilitary  Affairs. 

On  motion  by  Mr.  UPHAM,  it  was 

Ordered,  That  the  petition  of  Nahum  Haskell,  on  the  files  of 
the  Senate,  be  referred  to  the  Committee  on  tha  Judiciary. 

On  motion  by  Mr.  GREENE,  it  was 

Ordered,  That  the  petition  of  Robert  Purkis,  on  the  files  of  the 
Senate,  bo  referred  to  the  Committee  of  Claims. 

On  motion  by  Mv.  GREENE,  it  was 

Ordered,  That  the  petition  of  Mary  MacRae,  on  the  files  of  the 
Senate,  be  referred  to  the  Committee  on  Military  Affairs. 

On  motion  by  Mi-.  ATHERTON,  it  was 

Ordered,  That  the  petition  of  David  Currier,  on  the  files  of  the 
Senate,  be  referred  to  the'  Committee  on  Pensions. 

On  motion  by  Mr.  ASHLEY,  it  was 

Ordered,  That  the  documents  on  the  files  of  the  Senate,  relating 
to  the  claim  of  Peter  Engles,  senior,  be  referred  to  the  Committee 
on  Pensions. 

On  motion  by  Mr.  ASHLEY,  it  was 

Ordered,  That  the  documents  on  the  files  of  the  Senate,  rela. 
ting  to  the  claim  of  Elizabeth  Pistole,  widow  of  Charles  Pistole, 
deceased,  bo  referred  to  the  Committee  on  Pensions. 

On  motion  by  Mr.  YULEE,  it  was 

Ordered,  That  the  petition  of  Hannah  Petty,  and  the  petition  of 
Peter  Capella,  administrator  of  Andrew  Capella,  deceased,  on  the 
files  of  the  Senate,  be  severally  referred  to  the  Committee  on  the 
Judiciary. 

On  motion  by  Mr.  YULEE,  it  was 

Ordered,  That  the  petition  of  George  Petty,  and  the  documents 
relating  to  the  claim  of  Fernando  Fellanny,  on  the  files  of  the 
Senate,  be  severally  referred  to  the  Committee  on  Pensions. 

On  motion  by  Mr.  YULEE,  it  was 

Ordered,  That  the  petition  of  William  Marvin,  on   the   files  of 
the  Senate,  bo  referred  to  the  Committee  on  Private  Land  Claims. 
On  motion  by  Mr.  PHELPS,  it  was 

Ordered,  That  the  petition  of  Joseph  Watson,  on  the  files  of 
the  Senate,  bo  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  WESTCOTT',  it  was 

Ordered,  That  the  petition  of  Edward  Bolon,  the  petition  of 
John  P.  Baldwin,  and  the  petition  of  William  G.  Davis,  on  the 
files  of  the  Senate,  be  severally  referred  to  the  Committee  oi' 
Claims. 

On  motion  by  Mr.  JOHNSON,  of  La.,  it  was 

Ordered,  That  the  petition  of  Cabb  Green,  on  the  files  of  tho 
Sonaio,  be  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  DOUGLAS,  it  was 

Ordered,  That  the  petition  of  David  B.  Scars,  on  tho  files  of  tho 
Senate,  bo  referred  to  the  Committee  on  Public  Lands. 


On  motion  by  Mr    STURGEON,  it  was 

Ordered,  That  the  memorial  and  documents  of  Titian  R  Peale, 
on  the  files  of  the  Senate,  be  referred  to  the  Committee  on  Naval 
Affairs. 

CLEKK    To    COMMITTEE    OF    CLAIMS. 

Mr.  MASON  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  : 

Resoli'cff,  TJiaf  tlie  Committee  of  Claims,  be  and  they  are  heret>v  antlioiized  "to 
eniplov  a  Clerk  ritiring  llie  present  session  of  Congress. 

PRIVILEGE    OF   THE    FLOOR. 

Mr.  NILES  submitted  the  following  resolution  for  considera- 
tion : 

Rcsolveil,  That  the  Auditors  of  the  Treason-,  Ihe  Chiefs  of  the  Buieaus  of  the 
Navy  Department,  and  the  Assistant  Postniastei^  Oeneral,  be  entitled  to  seali  on  the 
floor  of  the  Senate. 

The  consideration  of  the  resolution  being  asked  for  at  this  time, 
objection  was  made,  and  it  was  laid  over  one  day,  under  the  rule. 

AN.NEXATION  OF    TERRITORY. 

Mr,  DICKINSON  submitted  the  following  resolutions  for  con- 
sideration; which  were  read  and  ordered  to  be  printed. 

Resolved,  Thai  true  policy  requires  the  government  of  the  United  States  to 
strengthen  its  poiiUcal  ana  commercial  relations  upon  this  continent  by  tlie  annexation 
of  soch  contiguous  territory  a.s  may  conduce  to  that  end  and  can  be  justly  obtained  , 
and  that  neither  in  such  acquisition  nor  in  the  ternloriat  or^-anization  thereof  can  any 
conditions  be  conststutionallv  imposed  or  institutions  be  provided  for  or  established  in- 
consistent with  the  right  of  the  peop'e  thereof  to  Ibrm  a  free  sovereipn  State,  with  the 
powers  and  privileges  of  the  origin'al  members  of  the  confederacy. 

Rfsutved.  That  in  organizing  a  territorial  government  for  territory  belonging  to  the 
United  States,  tlie  principles  of  self-government  upon  which  our  federative  s^-stem 
rests  will  be  best  promoted — the  true  spirit  and  meaning  of  the  constitntion  be  observed, 
and  the-  confederacy  strengthened  by  leaving  all  questions  concerning,  the  domestic 
policy  tbeiein  to  the  Legislatnres  chosen  by  the  people  thereof. 

'the    RIVER    S.^.BINE. 

The  Senate  proceeded  to  consider  the  following  resolution  sub- 
mitted yesterday  by  Mr.  Johnson,  of  Louisiana,  which  was 
agreed  to  :  . 

Reso/ued,  That  the  Committee  on  Commerce  be  instructed  to  inquire  into  the  ex- 
pediency of  making  an  appropriation  to  remove  Ihe  ol'stru<:tions  to  the  navigation  of 
the  river  Sabine,  and  that  the  resolution  of  the  Legislature  of  Louisiana,  tlie  report 
and  papers  on  file  in  relation  thereto,  be  referred  to  the  said  comniiltee. 

.STANDING    COMMITTEES. 

The  Senate  proceeded  to  the  election  of  the  remaining  members 
of  the  standing  committees. 

Mr.  SEVIER  then  presented  a  list  of  the  members  of  the  va- 
rious committees  ;  which  was  read  and  adopted. 

Mr.  HALE  remarked,  that  he  noticed  his  name  on  one  or  more 
of  the  committees  just  announced  ;  ho  must  throw  himself  on  the 
indulgence  of  the  Senate,  and  ask  if  it  was  consistent  with  the 
usages  of  the  Senate,  that  he  might  be  excused  from  serving  on 
any  of  the  staiuling  committees  of  the  Senate  at  the  present  ses- 
sion. He  m.ido  this  request  from  motives  personal  to  himself, 
with  which  he  would  not  trouble  the  Senate  ;  but  he  had  an  addi- 
tional inducement  in  the  statement  first  made  by  the  honorable  Se- 
nator from  Arkansas,  that  those  committees  had  been  agreed  upon 
by  an  arrangement  between  the  tw-o  parties  which  divide  this 
body.  As  the  political  parly  with  which  the  journals  of  the  day  had 
classed  him,  and  he  supposed  that  was  the  only  means  of  ascer- 
taining where  he  belonged,  had  had  no  meeting,  and  had  not  been 
consulted  in  this  arrangement,  he  thought  that  that  furnished  an 
additional  reason  for  excusing  him. 

Mr.  WESTCOTT  moved  that  the  Senator  from  New  Hamp- 
shire be  excused  from  serving  on  the  committees  on  which  ho  had 
been  named,  and  then  observed,  that  other  members  had  been  ex- 
cused at  their  request,  from  serving  on  any  of  the  commiltecs — he 
referred  to  the  Senators  from  South  Carolina,  Ohio,  and  Alabama, 
[Mr.  Calhoun,  Mr.  Allen,  and  Mr.  Bagby,]  the  last  of  whom 
was  now  absent. 

Mr.  BADGER. — I  beg  leave  to  say  one  -svord  on  this  subject. 
T  cannot  conceive  that  any  reason  has  been  offered  hy  the  Senator 
from  New  Hampshire,  why  he  should  be  personally  excused  from 
taking  his  proper  share  in  the  discharge  of  the  business  duties  of 
any  member  of  this  body.  He  is  a  genlleman  of  known  and  ac- 
knowledged talents.  He  is  capable  of  rendering  elficicnt  services 
to  Ihc  Senate  in  the  discharge  of  any  of  the  ilulies  which  belong  to 
any  of  the  committees  of  this  body.  Ho  has  been  named  upon  se- 
veral committees  on  which  he  may  bo  useful  to  the  country,  and  to 
the  Senate.  The  peculiar  position,  which  he  represcnl>  himself 
as  occupying  in  regard  to  the  political  parlies  wliich  divide  this 
body,  can  certaitily  have  no  influence  in  support  of  the  application 
which  he  has  made  to  the  Senate  ;  because,  if  my  memory  serve 
mo  right,  he  has  not  been  placed  on  any  committee,  the  action  of 
which,  can  bo  supposed  to  bo  influenceil  dircclly  or  indirectly  by 
political  considerations.  It,  therefore,  appears  to  me,  sir,  that  the 
application  of  the  honorable  gentleman  amounts  simply  to  a  ro- 
(piest  that  he,  a  member  of  this  body,  competent  to  render  services 
in  the  transaction  of  business,  should  be  relieved  from  assuming  tho 
duo  burden  which  belongs  to  the  high  and  responsible   station 


December  14.] 


STANDING  COMMITTEES. 


19 


which  he  occupies.  I  sm  sure,  that  in  that  point  of  view,  the  gen- 
tleman from  New  Hampshire  would  not  be  willing  to  accept  of  an 
immunity  not  possessed  by  his  brethren  on  this  floor.  I  hope, 
therefore,  that  the  gentleman  will  withdraw  his  application,  or 
that  the  Senate  will  not  accede  to  it. 

Mr.  WESTCOTT. — I  made  the  motion  at  the  request  of  the 
.Senator  from  New  Hampshire  ;  and  it  appears  to  me,  that  the^ 
Senator  from  North  Carolina,  [Mr.  Badger,]  has  lost  sight  of 
the  reason  assigned  by  that  gentleman  for  tlie  application  which 
he  had  made,  apart  from  the  political  consideration  to  which  he 
had  advened.  The  Senator,  it  will  be  recollected,  rested  the  ap- 
plication upon  personal  grounds,  and  I  presume  it  will  not  be 
deemed  necessary  that  that  reason  should  be  stated  more  explicit- 
ly than  it  had  been. 

Mr.  BADGER. — I  am  certain  that  I  also  could  assign  personal 
reasons  for  being  excused  from  servijig  on  committees.  I  confess, 
I  am  just  as  willing  as  any  other  gentleman  of  this  body,  to  be 
confined  to  a  particular  hour  for  particular  business  ;  but,  when  I 
came  here,  I  did  not  expect  to  come  for  the  purpose  of  enjoying  my 
ease,  and  leaving  to  others  the  performance  of  the  laborious  duties 
which  belong  to  this  station.  And  allow  me  to  add,  sir,  that  the 
personal  appearance  of  the  gentleman  from  New  Hampshire,  as  I 
am  happy  to  be  able  to  say,  does  not  present  any  evidence  of  phy- 
sical inability  to  discharge  those  duties,  for  which  we  all  know  him 
to  possess,  in  a  high  degree,  tlie  mental  qualifications. 

The  question  was  then  put,  and  appeared  to  be  decided  in  the 
negative. 

A  division  was  then  called  for,  and  the  result  was  as  follows:  ayes 
17,  noes  16. 

So  the  motion  was  adopted,  and  the  Senator  from  New  Hamp- 
shire was  excused  from  serving  on  the  committees. 

On  Bdotion  by  Mr.  BREESE,  it  was 

•    Ordered,  That   the  Vice  President   be  authorized  to  fill   the  va- 
cancies. 

The  following  is  a  list  of  the  committees,  in  full,  as  they  now 
stand  : 

Committee  on  Foreign  Belations. 

Mr.  Sevier — Chairman. 
Mr.  Benton,  Mr.  Webster, 

Mr.  Hannegan,  Mr.  Mangura. 

On  Finance. 

Mr.  Atherton — Chairman. 
Mr.  Dickinson,  Mr.  Clayton, 

Mr.  Hunter,  Mr.  Phelps. 

On  Commerce. 

Mr.  Dix — Chairman. 
Mr.  Breese,  Mr .  Johnson ,  of  Md . 

Mr.  Cameron,  Mr.  John  Davis. 

On  Manufactures. 

Mr.  Dickinson — Chairman. 
•  Mr.  Ashley,  Mr.  Upham, 

Mr.  Butler,  Mr.  Clarke. 

On  Agriculture. 

Mr.  Sturgeon — Chairman. 
Mr.  Turney,  "      Mr.  Spruance, 

Mr.  Atherton,  Mr.  Corwin. 

On  Military  jiffairs. 

Mr.  Cass— Chairman. 
Mr.  Benton,  Mr.  Crittenden. 

Mr.  Jefferson  Davis,  Mr.  Dix, 

Mr    Badger,  Mr.  Rusk. 

On  Naval  Affairs. 

Mr.  Fairfield — Chairman. 
Mr.  Yulee,  Mr.  Miller, 

Mr.  Bright,  Mr.  Johnson,  of  Md. 

Mr.  Cameron,  Mr.  Badger. 

On  The  Militia. 

Mr.  Rusk — Chairman. 
Mr.  Atchison,  Mr.  Greene, 

Mr.  Fairfield,  Mr.  Underwood. 

On  Public  Land.-:. 

Mr.  Breese — Chairman.         • 
Mr.  Ashley,  Mr.  Corwin, 

Mr.  F»lch,  Mr.  Underwood. 

On  Private  Land  Claims. 

Mr.  YtrtEE— Chairman. 
Mr.  FdOte,  Mr.  Johnson,  of  La. 

Mr.  Downs,  Mr.  Berrien. 


On  Indian  Affairs. 

Mr.  Atchison — Chairman. 
Mr.  Sevier,  Mr.  Phelps, 

Mr.  Downs,  Mr.  Bell. 

On  Claims. 

Mr.  Mason — Chairman. 
Mr.  Westcott,  Mr.  Underwood, 

Mr    Bradbury,  Mr.  Baldv»-in. 

On  Revolutionary  Claitns. 

Mr.  Bright — Chairman. 
Mr.  BradbuiT,  Mr.  Upham, 

Mr.  Rusk,  Mr.  Jonnson,  of  La. 

On  The  Judiciary. 

Mr.  Ashley — Chairman. 
Mr.  Butler,  Mr.  Berrien, 

Mr.  Westcott,  Mr.  Dayton. 

On  Post  Office  and  Post  Roads. 

Mr.  NiLES — Chairman 
Mr.  Sturgeon,  Mr.  Pearce, 

Mr.  Rusk,  Mr.  Corwin. 

On  Roads  and  Canals. 

Mr.  Hannegan — Chairman. 
Mr.  Foote,  Mr.  Clark, 

Mr.  Sturgeon,  Mr.  Spruance. 

On  Pensions. 

Mr.  Johnson,  of  La. — Chairman. 
Mr.  Felch.  ,  Mr.  Phelps, 

Mr.  Jeflferson  Davis,  Mr.  Baldwin. 

On  the  District  of  Columbia. 

Mr.  Cameron — Chairman. 
Mr.  Hunter,  Mr.  Miller, 

Mr.  Foote,  Mr.  Greene. 

On  Patents  and  the  Patent  Office. 

Mr.  Westcot — Chairman. 
Mr.  Turney,  Mr.  John  Davis, 

Mr.  Dickinson,  Mr.  Dayton. 

On  Retrenchment. 

Mr.  Turkey — Chairman. 
Mr.  Douglas,  Mr.  Mangura, 

Mr.  Niles,  Mr.  Clarke. 

On  Territories. 

Mr.  Douglas — Chairman. 
Mr.  Bright,  Mr.  Clanon, 

Mr.  Butler,  Mr.  John  Davis. 

On  Public  Buildings. 

Mr.  Hunter— Chairman. 
Mr.  Yulee,  Mr   Spruance. 

To  Audit  and  Control  the  Contingent  Expenses  of  the  Senate. 

Mr.  Felch — Chairman. 
Mr.  Niles,  Mr.  Pearce. 

0;i  Printing. 

Mr.  Bradbury— Chairman. 
Mr.  Cameron,  Mr.  Greena. 

On  Engrossed  Bills. 

Mr.  Downs — Chairman. 
Mr.  Mason,  Mr.  Baldwin. 

Joint  Committee  on  the  Library. 
Mr.  Pearce — Chairman. 
Mr.  Jefferson  Davis,  Mr.  Mason. 

On  Enrolled  Bills. 
Mr.  Rusk,  Mr.  Uphara. 

the  public  lands. 

Agreeably  to  notice,  Mr.  BREESE  asked  and  obtained  leave  to 
bring  in  a  bill  to  reduce  and  graduate  the  price  of  public  lands: 
which  was  read  the  first  and  second  times  by  unanimous  consent 
and  referred  to  the  Committee  on  Public  Lands. 

JOSEPH   WILSON. 

Agreeably  to  notice,  Mr.  BREESE  asked  and  obtained  leave  to 
bring  in  a  bill  for  the  relief  of  Joseph  Wilson;  which  was  read  the 
first  and  second  times  by  unanimous  consent,  and  referred  to  the 
Committee  on  Naval  Aftairs. 

SURETIES    op    SWARTWOUT. 

Agreeably  to  notice,  Mr.  DIX  asked  and  obtained  leave  to  bring 
in  a  bill  to  authorize  the  Secretary  of  the  Treasury  to  make  an  ar- 
rangement or  compromise  with  Mangle  M.  Quackenboss,  and  his 
co-(S)ligor3,  or  any  of  them,  for  claims  or  bonds  given  by  them  as 


DISTRTBTITION  OF  BOOKS. 


20 

sureties  to  the  United  States;  which  was  read  the  first  and  second 
ttaes  by  unanimous  consent  and  referred  to  the  Committee  on  the 
Judiciary. 

COLLECTION   DISTKICTS,   ETC. 

Agreeably  to  notice,  Mr.  DIX  «:*«d»"''.  "Stained  leave  to  l.nng 
in  a  bill  concerning  certain  collection  distn.-f-S  and  lor  other  pui- 
poses;  Xhwas"readthe  fir.t  and  second  times  by  unannuou. 
oonseiit,  and  referred  to  the  Committee  on  Commerce. 

DBANCH  MINT  AT  NEW  YORK. 

Agreeably  to  notice  Mr.  DIX  a.ked  and  f  Jj;'""^ '«'^7sw,''es"i^ 
intlill  to  Lablish  t'"\"«^,"':':ead";h     m  t  a^d'econd" times 

REOtTLATION  OF  SEAMEN. 

Agreeably  to  notice  Mr.  DICKINSON  asked  and  obtained 
leavl  to  brill"  in  a  bill  to  amend  the  act  entitled  An  act  loi  iiie 
rg^laTionor  seamen  on  board  the  p.ji.l.c  and  private  vessels  ot 
thi  United  States,-'  passed  the  3d  ol  March,  1813. 

Mr.  DICKINSON— Under  the  somewhat  f!":"'''"""'";.'',/''}^' .;" 
have  the  act  under  which  foreigners  become  citizens  ol  the  United 
Smes      The  twellth  section  of  that  act,  however,  enables  them 

t^o  become  citizens  only  after  '^'^'^'-^"S J^Y ^r^'^Zr^^^'Z 
beine  at  any  time  during  live  years,  out  ..I  tl.'  teiri  oiv  ol  the 
uS  Staters.  It  has  been  decided,  and  nmloubtcdly  the  decision 
is  correct  that  involmitarily  setting  foot  on  a  loieigu  s^K,re  pre- 
vems  the'  erson  from  receiving  the  benefit  of  the  act.  The  objec 
of  "his  bill  is  to  strike  out  the  words  "  without  being  at  any  time, 
&e  ■  so  that  if  the  person  to  whom  the  act  applies  remam  ,6oji« 
/Sde'residents  of  the  United  States,  although  n,  may  happen  that 
iv  accident,  and  involuntarily  they  set  tool  oi.  loreign  ternto- 
ry,  they  shall  be  entitled  to  all  the  benefits  of  the  law.  I  move 
the  reference  of  the  bill  to  the  Committee  on  the  Judiciary,  and 
askitsearlv  consideration,  in  the  hope  that  the  benefits  which 
it  i?  proposed  to  extend  to  tlje  many  persons  who  have  declared, 
or  may  declare  their  intentions  to  become  entitled  to  the  pmileges 
of  citi/.enship,  may  be  extended  as  speedily  as  possible. 

By  unanimous  consent  of  the  Senate,  the  bill  then  had  a  first  and 
second  reading,  and  was  referred  to  the  Committee  on  tlie  Jiuli. 
ciary. 

JFLORIDA    TREATY. 

Agreeably  to  notice,  Mr.  WESTCOTT  asked  and  obtained 
leave  to  bring  in  a  bill  further  to  carry  into  eflect  the  provisions 
and  stipulations  of  the  9th  article  of  the  Florida  treaty  with  res- 
pect to  certain  losses  of  Spanish  subjects,  in  West  Florida;  which 
was  read  the  first  and  second  times  by  unanimous  consent,  and  re- 
ferred to  the  Committee  on  Foreign  Relations,  together  with  the 
papers  on  file  relating  thereto. 

DAVID    SHAW,    ET    AI,. 

Agreeably  to  notice,  Mr.  BRADBURY  asked  and  obtained 
leave  to  bring  in  a  joint  resolution  in  favor  of  David  Shaw  and 
Solomon  T.  Corser;  which  was  read  the  first  and  second  tunes  by 
unanimous  consent,  and  referred  to  the  Committen  on  the  Post 
Office  and  Post  Roads,  together  with  the  papers  on  file. 

NOTICES    OF    BILLS,    ETC. 

Mr.  MILLER  gave  notice  that  on  to-morrow,  or  at  some  early 
day,  he  should  ask  leave  of  the  Senate  to  introduce  a  joint  resolu- 
tion, authorizing  the  erection  on  the  public  grounils,  in  the  city  of 
Washington,  ofa  monument  to  George  Washington. 

Mr.  GREENE  gave  notice  that  on  to-morrow,  or  at  some  early 
day,  he  would  ask  leave  of  the  Senate  to  introduce  a  hill  for  the 
relief  of  Mary  McRae. 

Mr.  BREESE  gave  notice  that  on  to-morrow,  or  at  some  early 
^ay,  he  would  ask  leave  of  the  Senate  to  introduce  a  bill  to  com- 
pensate John  M.  Moore. 

Mr.  UPH.\M  gave  notice  that  he  sliould,  on  to-morrow,  or  at 
some  early  day,  ask  leave  of  the  Senate  to  introduce  a  bill  chang- 
ing the  places,  and  fixing  the  times,  for  holding  the  circuit  and  dis- 
trict courts  in  the  District  of  Vermont. 

Mr.  UNDERWOOD  gave  notice,  that  on  lo.niorrow,  or  at 
some  early  day,  he  would  ask  leave  of  the  Senate  to  introduce  a 
bill  to  allow  further  time  for  satisfying  certain  land  warrants,  etc 

Mr.  DOUGLAS  gave  notice,  that  on  to.morrow,  or  at  some 
early  day,  he  would  ask  leave  of  the  Senate  to  introduce  a  bill  to 
divide  the  District  of  Illinois  into  two  judicial  districts. 

COMMERCE  OF  THE  LAKES,  ETC. 

On  motion  by  Mr.  DIX,  it  was 

Ordered,  That  2,000  additional  copies  of  the  report  of  the  colo. 
iiel  of  the  corps  of  Topographical  Engineers,  communicating,  in 
compliance  wii  h  a  resolution  of  the  Senate  of  ihe  15tli  of  Januarv 
last,  information  upon  the  several  subjects  designated  therein,  as 
connected  with  the  commerce  of  the  Western  Lakes  and  Rivers, 
be  printed  for  the  use  of  the  Senate, 


[TuFSDAY 


Ordered,  That  said  report  be  referred  to  the  Committee  on  Com-, 
merce. 

REFERENCE  OF  THE  PRESIDENT'S  MESSAGE. 

On  motion  by  Mr.  SEVIER,  it  was 

Ordered,  That  so  much  of  the  message  of  the  President  of  the 
United  States  as  relates  to  foreign  afl'aii*,  be  referred  to  the  Com- 
mittee on  Foreign  Relations. 

On  motion  by  Mr.  FAIRFIELD,  it  was 

Ordered,  That  so  much  of  the  message  of  the  President  of  the 
United  States  as  relates  to  the  Na\-j'  and  naval  service,  be  refer, 
red  to  the  Committee  on  Naval  Affairs. 

On  motion  by  Mr.  ATHERTON,  it  was 

Ordered,  That  so  much  of  the  message  of  the  President  of  th« 
United  States  as  relates  to  the  subject  of  finance  and  the  revenues 
Senerally,  be  referred  to  the  Committee  on  Finance. 

On  motion  by  Mr.  BREESE,  it  was 

Ordered,  That  so  much  of  the  message  of  the  President  of  the 
United  States  as  relates  to  the  public  lands,  reducing  and  gradua- 
ting; their  price,  and  a  pennanent  pre-emption  system,  be  referred 
to  the  Committee  on  Public  Lands. 

On  motion  by  Mr.  DIX,  it  was 

Ordered,  That  so  much  of  the  message  of  the  President  of  the 
United  Stales  as  relates  to  the  subject  of  commerce,  be  referred 
to  the  Committee  on  Commerce. 

On  motion  by  Mr.  DICKINSON,  it  was 

Ordered,  That  so  mueli  of  the  message  of  the  President  of  the 
United  States  as  relates  to  the  subject  of  manufactures,  be  referred 
to  the  Committee  on  Manufactures. 

On  motion  by  Mr.  NILES,  it  was 

Ordered,  That  so  much  of  the  message  of  the  President  of  the 
United  States  as  relates  to  the  post  office  department,  be  referred 
to  the  Committee  on  the  Post  Office  and  Post  Roads.  ^ 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered,  That  so  much  of  the  message  of  the  President  of  the 
United  States  as  relates  to  the  subject  of  pensions,  be  referred  to 
the  Committee  on  Pensions. 

On  motion  by  Mr.  CAS.?,  it  was 

Ordered,  That  so  much  of  the  message  of  the  President  of  the 
United  States  as  relates  to  military  afl^airs,  be  referred  to  the  Com- 
mittee on  Military  Aflfairs. 

On  motion  by  Mr.  ASHLEY,  it  was 

Ordered,  That  so  much  of  the  message  of  the  President  of  the 
United  States  as  relates  to  the  establishment  of  competent  tribu- 
nals to  try  and  punish  crimes,  and  exercise  jurisdiction  in  civil  ca- 
ses in  China,  where  American  citizens  are  concerned,  by  virtue  of 
our  treaty  with  that  power,  be  referred  to  the  Committee  on  the 
Judiciary. 

DISTRIBVTION    op  BOOKS. 

Mr.  CAMERON  submitted  the  following  resolution,  which  wan 
•  considered  by  unanimous  consent  and  agreed  to  : 

firxofrr/I.  Tlial  liie  Hecreliity  !)«  iliiected  10  turnisii  eadi  member  of  Uie  {iresent  Su- 
iinlo,  wlio  tiav  iiol  alre.idv  received  lliem,  the  same  timnber  of  copies  of  Ihe  rotuutu- 
Iioii  ,ind  oilier  book*  ordered  to  be  hirnislu'd  to  tbe  Senators  by  Uie* resolutions  of  Fe- 
bruary 18,  1W7. 

Mr.  SEVIER  moved  a  reconsideration  of  the  vote  just  taken. 
He  observed  that  there  had  been  a  battle  about  these  books  every 
vear  for  the  last  seventeen  or  eighteen  years;  and  he  hoped  th«t 
ihe  Senator  from  Pennsylvania  would  permit  the  vote  to  be  recon- 
sidered, and  not  press  the  adoption  of  the  resolution  at  this  time. 

Mr.  CAMERON. — The  Senator  from  Arkansas  has  received, 
I  believe,  all  these  books,  and  I  only  ask  that  the  new  Senators 
may  receive  as  many  as  he  has  received. 

Mr.  SEVIER. — I  suppose  that  the  Senator  when  he  made  a 
motion  of  this  kind  would  have  some  data  to  go  upon,  that  we 
might  be  informed  as  to  the  cost.  It  will  be,  I  venture  to  say, 
voting  seven  or  ciijht  hundred  dollars  in  addition  to  the  pay  of  each 
Senator^f  those  nooks  are  to  be  furnished— and  where  is  it  lo 
end  ?  There  seems  to  be  a  particular  anxiety  upon  this  subject, 
and  so  eagerly  has  it  been  ]nirsueil,  that  we  have  frequently  nearly 
lost  the  civil  and  diplomatic  appropriation  bill  in  consequence  of 
it.  Why,  I  have  seen  the  two  Houses  of  Congress  at  dageers- 
poiiits  in  regard  t«  it.  Now,  where  is  all  this  to  end  ?  How 
much  is  it  goino-  to  cost  the  government?  At  the  last  session 
we  passed  a  resolution  to  put  upon  our  tables  some  twelve  or 
fourteen  copies  of  the  proceedings  of  this  body;  and  to  this  expense 
you  are  going  to  add  the  expense  of  furnishing  these  books.  This 
IS  a  very  important  matter,  and  it  is  now  pushed  forward  without 
anybody  knowing  anything  of  the  matter;  it  was  only  by  accident 
that  I  noticed  the  resolution.     But  the  Senator  says  I  nave  received 


December  14.] 


DISTRIBUTION  OF  BOOKS. 


21 


my  portion  of  the  books.  I  have  taken  mine,  it  is  true,  hut  they 
are  no  manner  of  use  to  me;  and  now,  forsooth,  because  they  have 
been  heretofore  distributed  to  Senators,  every  new  Senator  wlio 
comes  in  here  must  be  supplied.  There  will  be  no  end  to  it. 
And  I  will  also  remark,  as  my  friend  from  Missouri  stated  at  the 
last  session,  these  books  are  often  drawn  and  sold  to  booksellers  in 
this  city,  and  a^ain  purchased  by  order  of  Congress  for  distribution 
There  should  be  a  stop  put  to  this  practice,  especially  at  such  a 
lime  as  this,  when  we  are  pressed  for  money  to  carry  on  a  foreign 
war  in  which  the  country  is  engaged.  I  think  it  is  time  to  put  a 
stop  to  these  expenditures,  and  I  think  that  these  books  which 
can  be  found  in  the  library,  and  referre<l  to  at  any  time,  and  which 
any  Senator  may  take  to  bis  room,  and  haye  the  use  of  for  the 
whole  of  the  session;  books  which  are  merely  valuable  for  occa- 
sional reference  while  encaged  in  our  congressional  duties,  need 
not  be  again  procured  for  distribution  to  Senators.  I  hope  tbe^ 
vote  will  be  reconsidered  with  the  view  of  po.stponing  the  matter, 
at  least,  till  we  know  the  amount  of  the  e.xpense  whicli  will  be 
necessarily  incurred,  I  trust  the  Senator  will  agree  to  its  post- 
ponement for  a  few  days,  that  the  honorable  Senator  from  Mis- 
souri may  be  present  when  the  vote  i.s  taken  upon  it. 

Mr.  CAMERON. — I  believe,  sir,  this  debate  is  out  of  order,  the 
refelution  having  been  adopted. 

Mr.  SEVIER. — I  have  moved  a  reconsideration  of  the  vote. 

Mr.  CAMERON  —I  was  perfiiclly  willing  that  my  Iriiuid,  the 
Senator  from  Arkansas,  should  nmke  his  speech  upon  the  subject ; 
but  I  would  be  better  satistied,  if  there  are  objections  to  the  reso- 
lution on  the  part  of  the  new  Senators,  to  hear  those  objections 
stated  by  them.  It  appears  to  me  rather  extraordinary,  that  a 
Senator  wlio  has  been  here  so  long,  almost,  that  the  mcmorv  of 
man  runneth  not  to  the  contrary' ,"and  who  has  always  received  iiis 
due  proportion  in  the  distribution  of  these  books,  shoidd  be  so 
averse,  as  the  Senator  from  Arkansas  says,  that  the  distinguished 
Senator  is,  to  the  extension  of  the  same  privileges  to  other  Senators. 
The  Senator  from  Missouri  is  certainly  very  high  authority;  I  am 
always  happy  to  see  him  here,  but  the  business  of  this  body,  I  ap- 
prehend, should  not  be  delayed  by  reason  of  his  absence.  I  only  rose, 
however,  to  reply  to  the  remarks  made  by  the  Senator  from  Ar- 
kansas, that  members  of  this  body  had  received  these  books  and  sold 
them  to  the  booksellers  in  this  city.  I  have  unlimited  confidence 
certainly  in  the  Senator  from  Arkansas,  and  am  ready  to  attach 
much  weight  to  any  statement  made  by  him:  but  I  do  not  believe 
that  any  man  who  ever  had  the  honor  of  a  seat  upon  this  floor 
would  be  guilty  of  so  base  an  act  as  to  receive  these  books  and 
sell  them.  I  would  not  make  an  assertion  of  that  kind  unless  I 
were  able  to  produce  the  names  of  those  who  were  guilty  of  such 
discreditable  and  ungentleraanly  conduct. 

Mr.  SEVIER, — I  merely  referred  to  what  was  stated  by  the  Sena- 
tor from  Missouri,  in  his  place  in  the  Senate  at  the  last  session,  that 
such  things  had  occurred.  The  Senator  assured  us  that  books  had 
been  drawn  by  members  of  Congress,  whether  of  this  House  or  the 
other,  he  did  not  expressly  state,  and  that  those  books  had  been 
disposed  of  in  this  city  to  booksellers,  and  the  same  books  pur- 
chased again,  and  placed  upon  our  tables;  and  I  will  add,  that  I 
have  additional  reason  to  believe  that  such  things  have  been  done. 
I  have  reason  to  believe  that  the  books  thus  drawn  have  been  sold 
by  members  of  Congress;  and,  sir,  in  regard  to  these  books  all  I 
have  to  say  is,  that  I  have  voted  against  their  distribution  from 
the  time  that  I  first  became  a  member  of  this  body.  They  are 
of  some  little  value  certainly  for  reference,  and  nothing  more;  and 
for  this  purpose  members  of  .Congress  have  every  facility  afforded 
them — they  have  access  to  the  library  where  these  books  are  to  be 
Ibund,  and  they  may  take  them  to  their  rooms,  and  keep  them 
throughout  the  whole  session;  there  is,  therefore,  no  necessity  for 
distributing  them.  But  I  do  not  propose  further  to  debate  a  mat- 
ter of  this  kind.  I  shall  content  myself  with  asking  for  the  yeas 
and  nays. 

Mr.  NILES, — It  seems  to  me  that  the  resolution  is  a  very  ex- 
traordinary one.  Hitherto  resolutions  of  this  kind  have  been  con- 
fined to  a  certain  class  of  books  which  have  been  assumed  to  be 
necessary  for  Senators  to  possess.  But  it  seems  that  this  resolu- 
tion embraces  other  books' — books  for  distribution.  If  I  understand 
the  reading  of  the  resolution,  it  is  confined  to  those  books  which 
were  ordered  to  be  distributed  among  Senators  at  the  last  session. 
Now,  in  regard  to  this  subject,  generally,  I  can  say  with  the  Sen- 
ator from  Arkansas,  that  I  have  always  regarded  the  practice  of 
distributing  books  among  Senators  as  not  very  creditable  to  the 
Senate.  1  have  always  believed  that  providing  ourselves  with 
political  libraries  at  the  public  expense  was  not  a  very  lionorable 
proceeding,  I  admit,  as  everybody  must,  that  these  publications 
are  of  considerable  value,  yet,  I  can  say  for  myself,  that  however 
valuable  that  source  of  information  may  be,  I  have  derived  very  little 
benefit  from  it.  I  have  received  no  books  suiee  I  have  been  a  mem- 
ber of  this  body,  except  what  are  called  the  State  papers,  and 
these  I  have  found  of  very  little  use  to  me.  In  regard  to  the 
books  which  were  voted  to  Senators  at  the  last  session  consisting 
of  thirty  odd  volums  of  the  proceedings  of  Congress,  going  back  to 
a  very  early  period,  I  have  received  them,  but  they  will  be  of  no 
use  for  the  short  time  I  shall  remain  here,  inasmuch  as  they  were 
sent  to  me  at  my  residence,  though  they  might  have  been  of  some 
Uttl«  use  if  they  had  been  allowed  to  remain  here.  I  hav^.  continued 


to  get  along  without  any  such  aid  in  the  discharge  of  my  duties 
here,  and  I  have  nol  perceived  that  the  light  to  be  thus  derived  is 
very  essential  to  guide  us  in  the  discharge  of  those  duties,  I 
have,  therefore,  not  felt  authorized  to  vote  for  any  resolution  for 
distributing  books,  nor  can  I  vote  for  this  proposition, 

Mr,  MANGUM — I  hope  that  the  vote  will  be  reeonsidere*. 
This  is  a  subject  which  has  attracted  the  attention  of  Congress 
for  llie  last  fifteen  years.  My  position  in  this  body  has  imposed 
upon  me  almo.st  the  necessity  of  inquiring'  into  this  subject  as  early 
as  the  session  of  1833-*34.  Very  large  and  improvident  contracts 
have  been  made  involving  the  means  in  the  Treasury  to  the  amount 
of  several  hundred  thousand  dollars,  and  Congress  felt  constrained 
to  lay  violent  hands  on  these  contracts  and  agree  to  compromises, 
perhaps,  exceeding  the  bounds  of  moderation,  Notwithstandino- 
efforts  made  ten  or  fifteen  years  ago,  which  in  this  bodj-  seemed 
entirely  successful,  to  put  an  end  these  expenditures,  yet  we  are 
called  upon  from  time  to  time  to  make  appropriations  to  meet 
iheiu.  My  impression  is,  that  under  any  action  of  this  body  it  will 
be  impossible  entirely  to  arrest,  what  I  regard  as  a  discreditable 
and  pernicious  system.  I  hope  that  the  fote  will  be  reconsid- 
ered, and  that  some  action  will  be  had  that  will  lead  to  a  dimin- 
ution of  the  evil.  My  impression  is,  however,  that  it  will  he  found 
impossible  to  prevent  this  Congress  from  making  a))]iropriations 
in  some  form  for  these  objects.  At  the  very  heel  ol  the  last  .ses- 
sion a  resolution  was  passed  making  an  appropriation  of  these 
books  almost  unanimously,  though  it  had  not  my  concurrence.  I 
am  perfectly  willing,  however,  that  Senators  should  receive  the,^ 
books  now  for  the  las!  time,  though  I  shall  no:  vote  for  the  reso- 
lution. I  hope  it  will  be  reconsidered,  and  that  it  will  ao  to 
the  Joint  Committee  on  the  Library,  or  some  other  committee 
and  that  a  bill  will  be  reported  to  put  an  end  to  this  .system  of  ex- 
penditure so  unbecoming  in  a  legislative  body,  1  have  no  objec- 
tions, sir,  that  in  ,some  form  or  other  an  appropriation  should  be 
made  by  which  the  new  Senators  shall  be  supplied  with  the.se 
books,  I  shall  be  content  if  this  be  done,  ihoueh  1  cannot  vote  for-- 
it;  but  tliis  being  done,  I  should,  before  other  new  claimants  come 
claiming  to  be  placed  upon  the  same  footing  with  those  to  whom 
books  have  been  already  distributed,  put  an  end  to  the  ,s}-stem,  I 
would  not  press  the  immediate  adoption  of  what  micht  be  consid- 
ered an  invidious  distinction,  but  I  do  hope  that  after  the  distribu- 
tion shall  be  made  to  those  who  are  now  Senators,  that  we  shall 
put  an  end  to  this  evil  forever. 

Mr.  FOOTE, — I  think  it  due  to  myself  that  I  .should  not  be  mis- 
understood in  regard  to  this  question,  I  happen  to  be  one  of  that 
class  which  is  spoken  of  as  new  Senators,  and  the  interesting  ques- 
tion seems  to  be  whether  we  should  receive  these  books,  the  titles 
of  which  I  scarcely  know,  the  value  of  which  I  cannot  estimate, 
and  in  relation  to  which  I  am  altogether  misinformed.  I  am' 
therefore,  entirely  indiilerent  upon  the  subject,  but,  as  I  find  that 
there  i.s  opposition  existing  to  the  proposition,  I  shall  undoubtedly 
unite  with  that  opposition.  If  there  be  any  doubt  as  to  the  propriety 
of  the  measure,  it  should  be  voted  down  at  once;  it  should  not  be  tol- 
erated for  a  moment,  I  will  not  undertake  to  say,  new  as  I  am  to 
the  station  I  hold,  that  it  would  be  improper  to  distribute  these 
liooks  according  to  the  proposition,  but  I  do  undertake  to  say,  that 
if  the  act  be  improper,  I  should  scorn  to  receive  the  benefit  of  it. 
If  I  doubt  the  power  of  the  donor,  I  should  scorn  to  be  the  donee. 
If  T  doubt  the  right  of  the  distributor,  I  should  scorn  to  be  the  dis- 
tributee. If  books  are  distributed  to  me,  I  should  certainly  not 
receive  them  unless  I  felt  conscientiously  authorized  to  do  so.  I 
trust  I  shall  never  be  found  indulging  in  that  .sort  of  peddlino  of 
small  wares  ;  and  1  agree  most  fully  with  the  Senator  from  Ar- 
kansas, that  if  they  to  whom  the  books  have  been  heretofore  dis- 
tributed, have  disposed  of  them  in  the  manner  he  states,  such  per- 
sons should  be  exposed  and  held  up  to  public  infamy, 

Mr,  SEVIER. — I  perceive  that  the  resolution  refers  to  a  previous 
one,  I  should  like  to  know  what  books  were  embraced  in  that 
resolution? 

The  Secretary  then  read  the  resolutions  as  follows  ;■ 

Resolved.  That  the  Secretary  be  directed  to  procure  for  ihe  use  of  the  Senate  "  000 
oopies  ol  llie  aulhenlic  cop)  ol  tlie  coiistilntion,  Willi  an  analj-tical  index  and  com- 
pilation of  other  pul)lic  docnmenls,  recently  printed  and  placeil  in  the  hands  of  the 
members;  provided  llie  price  shall  note.vceed  the  sum  of  one  dollar  and  twenrv-five 
ci-iils  peftopj'.  ' 

yjo-o/ff//.  That  10  000  additional  copies  of  the  anlhenlic  copy  of  the  constitution, 
«il  1  an  analytical  index  kv..  be  procured  fortJie  use  of  the  Senate;  provided,  they 
will  be  furnished  at  a  reduction  of  twenty  per  cer.t.  on  the  price  above  slated 

Rcsu/,-rd  That  the  Secretary  of  the  Senate  be  directed  to  furnish  each  member  of 
the  present  Senate  who  has  not  already  received  them,  such  books  as  were  furnished 
to  the  members  ol  the  House  of  Representatives  o'"  the  26tb  and  'lllh  f 'on-res.ei  in- ' 
Hnd.ng  the  14lh  volume  of  Repster  of  Debates.  ,|,e  ConjAe^sional  Globe  and  .-Vppen- 
dix,  published  by  Blair  S;  Rices,  and  Elliott's  &  Madison',  Debai«,  and  I.iitfe  t 
lirown  s  edition  of  the  United  States  Slatntes  at  large, 

'y^l'-.^'A^'^OUN,— I  have  been  a  good  many  years  in  this  body, 
and  1  believe  I  have  voted  steadily  against  alf  these  propositions 
to  distribute  these  books,  and  yet  I  have  felt  a  good  deal  of  em- 
barrassment upon  the  subject.  When  the  books  have  been  otTered 
to  me  I  have  hesitated  whether  I  should  take  them,  but  knowing 
they  must  go  to  somebody,  I  concluded  in  my  own  mind  I  ought 
to  take  them,  I  have  alwaj's  believed  that  among  the  smaller 
abuses  ol  the  govenimeni  expenditures  this  is  the  greatest;  and  I 
am  willing  to  give  up  to  any  new  member  that  may  desire  them, 
that  portion  ot  the  books  which  have  fallen  to  my  share,  I  have 
never  derived  five  dollars  advantage  from  them  since  the  first  day 
they  encumbered  the  shelves  of  my  librarv.    I  was  not  a  httle  sur. 


22 


DISTRTBrTTON  OF  BOOKS. 


[Tuesday, 


prised  when  I  received  a  letter  from  one  of  the  messengers  of  this 
body,  informing  mc  that  there  were  two  boxes  of  books  for  me,  for 
I  knew  no!  a  word  about  the  resolution  whirh  passed  at  the  last 
session.  The  books  were  by  ray  direction  sent  to  ray  rooms  in  this 
oily.  I  found  them  packed  in  two  larcc  boxes,  which  I  have  not 
opened,  and  wliich  I  do  not' believe  I  sliall  open  durine  this  session. 
I  appeal  to  the  new  members  of  this  body  wliethcr  this  thing  ought 
to  go  on  forever,  and  if  not,  when  can  tliere  be  a  more  favorable 
time  for  putting  a  slop  to  it.  It  is  a  very  great  alju.se.  These 
books  haw  accumulated  from  year  to  year,  and  if  the  system  be 
allowed  to  go  on  for  ten  years  longer,  as  it  has  done  for  the  last 
ten,  a  whole  library  will  be  voted  to  each  new  Senator.  I  .shall  vote 
for  the  reconsideration. 

The  question  being  put   upon  the  reconsideralion  oftlie  vote,  it 
was  decided  in  the  allirmative. 


Mr    MANGUM  then  moved  that 
the  Joint  Committee  on  the  Library. 


th»'  resolution  be   referred  to 


Mr.  CAMERON. — I  have  no  objeolion  that  it  should  be  referred 
to  that  committee.  M^objeet  in  proposing  the  adoption  of  the 
resolution,  was  only  to  act  courtcou.sly  to  the  new  .'■enators.  1 
thought  it  better  that  the  question  should  be  determined  at  the 
early  part  of  the  session,  than  to  defer  it  to  the  end — for  I  have 
heard  complaints  made  regarding  the  introduction  of  resolutions  of 
this  descripiion  at  or  near  the  end  of  a  session,  when  they  are  ne- 
cessarily hurried  through  without  much  examination.  I  am  glad 
that  my  friend  from  North  Carolina  lias  made  this  motion;  I  .sjiall 
willingly  support . 

Mr.  MANGUM.— I  am  sure  thai  the  .Sonulor  will  feel  thai  iiul  (he 
slightest  exception  has  been  taken  by  me  to  tlie  early  introduction 
of  the  subject,  for  we  all  know  that  these  things  are  sometimes 
pressed  ihrougli  at  the  heel  of  the  session  and  pass  unobserved. — 
Last  winter  this  resolution.  I  recollect,  was  passed  by  a  thin  .Se- 
nate, after  the  lighting  of  candies  on  ihc  last  day  of  the  session  ; 
and  I  will  repeat,  that  as  this  practice  has  been  so  uniform,  and 
has  grown  to  be  so  inveterate,  I  really  think  some  means  ought  to 
he  taken  to  put  an  end  to  it.  It  cannot  certainly  be  considered 
discourteous  or   unjtTst,  if,  after  the  distribution  he'  made  to  those 


Senators  who  have  taken  their  seats  durirg  this  session,  the  door 
should  be  closed  upon  any  future  appropriation  of  this  character. 

Mr.  HALE. — -As  one  of  the  new  members  of  this  body,  permit 
me  for  myself  indi\'idually  to  say,  that  I  hope  the  matter  will  be 
disposed  of  without  any  reference  to  what  may  be   considered  the 

fersonal  claims  of  new  Senators  to  be  furnished  with  these  books, 
t  appears  to  me  that  it  is  not  the  true  policy  to  say  that  we  will 
<lo  wrong  this  once.  I  think  the  true  way  is  to  begin  to  do  right 
now.  If  the  plea  of  "just  this  once"  be  allowed  to  prev.ail,  that 
plea  will  be  just  as  good  at  the  next  session  as  now.  The  true 
course  will  be  to  begin  to  do  right  now,  and  let  me  hope  that  such 
a  course  will  be  taken  as  will  forever  put  a  stop  to  the  abuse  which 
has  so  long  existed.  Senators  may  recollect,  that  at  the  28th 
Congress  an  appropriation  was  made  out  of  the  contingent  fund  of 
the  House.  I  hope  it  will  now  be  cflectuallv  stopped,  so  that  even 
indirectly  it  cannot  be  continued  ;  and,  as  one  of  the  new  Senators 
to  whom  reference  has  been  made,  I  am,  for  myself,  perfectly  wil- 
ling to  be  made  an  example  of  in  this  instance— to  have  its  first 
operation  applied  to  myself. 

Mr.  MAN<iUM.— The  Senator  from  New  Hampshire  entirely 
misconceives  my  meaning,  if  he  understands  me  to  say  I  would  fa- 
vor the  doing  WTong  "  this  once."  I  said  distinctly  I  would  vote 
against  it,  as  I  have  uniformly  done  heretofore;  but  I  also  said  1 
would  be  content  that  the  distribution  should  take  place  to  those 
who  are  new  Senators  ;  .and  I  said,  also,  that  I  apprehended  that 
in  some  form  or  other  it  would  unqtiestionably  pass  duriiicr  this 
Congress.  '  "^       ' 

Mr.  SEVIER. — "  This  once"  has  been  the  cry  since  this  system 
commenced,  and  I  believe  with  the  Senator  from  North  Car'olma 
that  it  will  pass  in  some  form  or  other  before  we  adjourn.  ' 

The  question  being  put  on  the  reference  to  the  Committee  on  the 

Library,  the  motion  was  agreed  to. 

On  motion. 
The  Senate  adjourned. 


Decembee  15. J 


PETITIONS— ORDERS. 


23 


WEDNESDAY,  DECEMBER  15,  1847 


REPORT  OF  TEE  COAST  SURVEY. 

Tbo  VICE  PRESIDENT  laid  before  ibo  Senate  a  communica- 
tion from  the  Secretary  of  the  Treasury,  transmitting  the  report 
made  to  the  Treasury 'Department,  by  the  superintendent  of  the 
Coast  Survey,  showing  the  progress  of  that  work  durinc  the  year 
ending  October,  1847  ;  which  was  read. 

On  motion  by  Mr.  DIX,  it  was 
Ordered,  That  it  be  printed,  and  that  l,2oO  copies  in  addition  to 
the  usual  number  be  printed  for  the  use  of  the  Senate,  251)  of  which 
to  be  sent  to  the  superintendent. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Reiuc- 
sentatives,  by  Mr.  CanJpbell,  their  Clerk  ; 

Mr.  President ;  The  House  of  Repressntatives  liave  clio.eii  Royal  K.  Guiley.  of  Ihe 
Presbyterian  clenonjiiiatioii,  Cliaplam  on  the  part  of  the  House. 

The  House  ha\e  appointed  a  coinrnillee  on  enrolled  bills, on  then  iiail.  con.'i>tiiip  of 
.lames  G.  Hamjitun  and  Jainew  L.  Rob^i^on. 

PETITIONS. 

The  VICE  PRESIDENT  presented  the  petition  of  Mary  D. 
Wade,  widow  of  a  deceased  naval  officer,  praying  a  pension;  which 
was  referred  to  the  Committee  on  Pensions. 

r^Mr.  JOHNSON,  of  Louisiana,  presented  the  petition  of  Vij. 
liam  Pumphrey,  praying  the  confirmation  of  his  tide  m  certain 
lands  in  Louisiana  ;  which  was  referred  to  the  Committee  on  Pri- 
vate Land  Claims. 

Mr.  ASHLEY  submitted  additional  documents  in  relation  to  tho 
petition  of  Elizabeth  Pistole;  which  were  referred  to  the  Commit- 
tee on  Pensions. 

Mr.  STURGEON  presented  the  memorial  nf  Henry  Simpson, 
surviving  administrator  of  George  Simpson,  deceased,  praying  to 
be  allowed  a  commission  on  a  loan  negotiated  by  the  testator  for 
the  government  in  the  year  ISl.?;  which  was  referred  to  the  Com- 
mittee on  Finance. 

Mr.  YULEE  presented  the  petition  of  Henry  Washington, 
praying  redress  for  arbitrary  and  illegal  conduct  on  the  part  of  the 
Surveyor  General  of  Public  Lands  in  Florida,  in  violating  a  con- 
tract entered  into  with  him  for  executing  certain  surveys;  which 
was  referred  to  the  Committee  on  Public  Lands. 

Mr.  CASS  submitted  documents  relating  to  the  claim  of  T.  S. 
Wondall  for  the  payment  of  a  sum  of  money  due  him  under  thn 
4th  article  of  the  treaty  of  1837,  with  the  Saginaw  Indians;  which 
were  referred  to  the  Committee  on  Indian  Atlairs. 

Mr.  YULEE  presented  the  petition  of  James  Edwards,  praying 
compensation  for  losses  sustained  in  consequence  of  the  destruction 
of  his  property  during  the  Seminole  war;  which  was  referred  to 
the  Committee  on  Blilitary  Affairs. 

Also,  the  petition  of  James  Edwards,  administrator  of  Edward 
.M.  Wanton,  deceased,  praying  compensation  for  losses  sustained 
by  the  deceased,  in  consequence  of  the  destruction  of  his  property 
during  the  Seminole  war;  which  was  referred  to  the  Committee 
on  Military  Affairs. 

Also,  the  petition  of  Eugene  Van  Ness  and  John  H.  Brush,  ck- 
ecutors  of  Nehemiah  Brush,  deceased,  praying  compensation  for 
losses  sustained  by  the  deceased,  in  consetpience  of  the  destruction 
of  his  property  during  the  Seminole  war:  which  was  referred  to 
the  Committee  on  Military  Affairs. 

Also,  the  petition  of  Gad  Humphreys,  praying  indemnity  for  los- 
ses sustained  in  consequence  of  tho  destruction  of  his  property  du- 
ring the  Seminole  war;  which  was  referred  to  the  Committee  on 
Military  Affairs. 

Also,  the  petition  of  George  Center,  praying  indemnity  for  lossi's 
sustained  in  consequence  of  the  destruction  of  his  property  during 
the  Seminole  war;  which  was  referred  to  the  Committee  on  Mili- 
tary Affairs. 

Mr.  CALHOUN  presented  the  petition  of  Maria  Caldwell  Ro- 
bertson, legal  representative  of  James  Caldwell,  deceased,  pray- 
ing the  payment  of  certain  outstanding  loan  office  certificates,  is- 
sued to  the  said  James  Caldwell,  and  since  lost  or  destroyed; 
whi'ch  was  referred  to  the  Committee  on  Revolutionary  Claims. 

Mr.  MASON  presented  the  memorial  of  George  H.  Leo  and 
others,  members  of  the  bar  in  the  State  of  Virginia,  praying  an 
lucreaso  of  the  salary  of  the  Judge  of  the  Western  District  of 
Virginia;  which  was  referred  to  the  Committee  on  the  Judiciary. 


Mr.  DIX  presented  the  petition  of  Oliver  C.  Harris,  praying  an 
extensi'on  of  his  patent  for  a  paint  mill ;  which  was  referred  to  the 
Committee  on  Patents  and  the  Patent  Office. 

Mr.  ASHLEY  presented  the  petition  of  citizens  of  Union  coun- 
ty, Arkansas,  prtiyiug  the  establishment  of  a  mail  route  from 
Magnolia  to  Holly  Springs,  in  that  State;  which  was  referred  to 
the  Committee  on  the  Post  Office  and  Post  Roads. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 
Ordered,  That  the  petition  of  the  Mexican  Gulf  Railroad  Com- 
pany, on  the  files  of  the  Senate,  bo  referred  to  the  Committee  on 
Finance. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered,  That  the  petition  of  Nathaniel  Hoggatt,on  the  files 
of  the  Senate,  be  referred  to  tho  Committee' on  Private  Land 
Claims. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered,  That  the  petition  of  Elizabeih  Jones,  representative 
of  John  Carr,  deceased,  and  the  petition  of  Thompson  Hutchinson, 
heir  of  Thomas  Hutchinson,,  deceased,  on  the  hies  of  the  Senate, 
be  severally  referred  to  the  Committee  on  Pensions. 

On  motion  by  Mr.  FAIRFIELD,  it  was 

Ordered,  That  the  memorial  of  Fo.xall  A.  Parker,  on  the  files 
of  the  Senate,  be  referred  to  the  Committee  on  Naval  Affairs. 

On  motion  by  Mr.  YULEE,  it  was 

Ordered,  That  the  petition  of  William  C.  Easton,  on  tho  fil«s 
of  the  Senate,  be  referred  to  the  Committee  on  Military  Affairs. 

On  motion  by  Mr.  HALE,  it  was 

Ordered,  That  the  petition  of  the  representatives  of  Robert 
Sewall,  on  the  files  of  the  Senate,  be  referred  to  the  Committee  of 
Claims, 

On  motion  by  Mr.  MASON,  it  was 

Ordered,  That  tho  petition  of  the  heirs  of  William  Grayson,  de- 
ceased, on  the  files  of  the  Senate  be  referred  to  the  Committee  on 
Military  Affairs. - 

On  motion  by  Mr.  RUSK,  it  was 

Ordered.  That  the  petition  of  the  heirs  of  David  Noble,  on  the 
files  of  the  Senate,  be  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  RUSK,  it  was 

Ordered,  That  the  petition  of  E.  P.  Calkin  &  Co  ,  on  the  files 
of  the  Senate,  be  referred  to  the  Committee  on  the  Judiciary. 

On  motion  by  Mr.  MILLER,  it  was 

Ordered,  That  the  petition  of  John  Searing  and  others,  heirs  of 
Mary  Allen,  deceased,  on  the  files  of  the  Senate,  be  referred  to  the 
Committee  on  Pensions. 

On  motion  by  Mr.  DIX,  it  was 

Ordered,  That  the  petition  of  John  Martin,  on  the  files  of  the 
Senate,  be  referred  to  tho  Committee  on  Pensions. 

On  motion  by  Mr.  DOWNS,  it  was 

Ordered,  Thai  the  petitions  of  Calviji  Reed,  of  George  W. 
Walton,  and  of  J.  W.  Nye,  assignee  of  Peter  Bargy  and  Hugh 
W.  Stewart,  on  the  files  of  the  Senate,  be  referred  to  the  Commit- 
tee of  Claims. 

On  motion  by  Mr.  PHELPS,  it  was 

Ordered,  That  the  petition  of  Maria  Loubet,  legal  representa- 
tive of  Jean  Baptiste  Lomagnc,  on  the  files  of  the  Senate,  bo  re- 
ferrcd  to  tho  Committee  on  Revolutionary  Claims. 

On  motion  by  Mr.  ATCHISON,  it  was 

Ordered,  That  the  petition  of  Thomas  Talbot  and  others,  on 
the  files  of  the  Senate,  bo  referred  to  tho  Committee  on  Indian  Af- 
fairs. 

On  motion  by  Mr.  NILES,  it  was 

Ordered,  That  the  petition  of  Thomas  Rhodes,  on  tho  files  of 
the  Senate,  be  referred  to  tho  Committee  on  the  Post  Office  and 
Post  Roads. 

On  motion  by  Mr.  NlLES,  it  was 


24 


RESOLUTIONS,  ETC. 


[Wednesday, 


nl    the 


Ordered.  That  the  petition  of  Walter  Loomis  and  Abel  Gay,  on 
tho  files  of  the  Senate,  be  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  DICKINSOiV,  it  was 
Ordered,  That  the  petition  of  Asa  Andrc\v.s,  on  the  liles 
Senate,  be  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  HANNEGAN,  it  was 
Ordered,  That  the   petition  of  the  heirs  of  Francis   Cazcau.  on 
the  files  of  the  Senate,  be  referred  to  the  Committee  on  the  Judi- 
ciary. 

On  motion  by  Mr.  UPHAM,  it  was 
Ordered,  That  the  doeumcnt»on   the   files  of  the  Senate,  rcla. 
ting  to  alterations   in  the  times  and  places  of  holding  the  Circuit 
and   Oislrict  Courts  of  the  lliiited  States  in   Vermont,  be  relcrrcd 
to  the  Committee  on  the  Judiciary. 

On  motion  by  Mr.  COR  WIN,  it  was 
Ordered.  That  the  petition  of  the  heiis  of  Benjamin   Harrison, 
and  tho  memorial  of  Samuel  Lamme,  executor  of  Nathan  Lamiiie, 
deceased,  on   tho  files  of  the  Senate,  be  severally  lelerrcil   to  the 
Committee  on  Revolutionary  Claims. 

On  motion  by  Mr.  CORWI.N,  il  was 
Ordered,  That   the   memorial  of  Cadwalhuler   Wallace,  on  the 
files  of  the  Senate,  be  referred  to  the  Coinniiitee  on  Public  Lands. 

On  motion  by  Mr.  RUSK,  it  was 
Ordered,  That  the  petition  of  Bryan   Callayhan,  on  the  files  of 
tho  Senate,  bo  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  MASON,  it  was 
Ordered,  That   the   heirs  of  Presley  Thornton,  deceased,  have 
leave  to  withdraw  their  petition  and  papers. 

On  motion  by  Mr.  HUNTER,  it  was 

Ordered,  That  William  Saunders  and  William  K.  Porter,  sure- 
ties of  William  Estis,  have  leave  to  willulravv  their  petition  and 
papers. 

On  motion  by  Mr.  FAIRFIELD,  it  was 

Ordered,  That  Samuel  A.  INIoise,  have  leave  to  withdraw  his 
petition  anil  papers. 

NOTICES  OF  BILLS. 

Messrs.  MANGUM,  JOHNSON,  of  Louisiana,  FELCH,  and 
MASON,  gave  notice  tliat  on  to-morrow,  or  at  some  early  day, 
they  would  ask  leave  of  the  Senate  to  introduce  certain  bills  ami 
joint  resolutions. 

rAYME.Vr  KdR  HOUSES,  ETC.,  IN  THE  MlLIT.iRY  SEKVlct;." 

Mr.  ATCHISON  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  ; 

ticsohcit.  Jlial  Ihe  Cuminiltce  on  IVIililary  Aflaii>  he  nibtrUL-ted  to  iiiiiuiie  into  the 
expediency  of  reviviiif;  an  act  cntilicd  ".\n  Act  10  provide  lor  tlie  pavitirnt  of  liorscfs 
and  other  propettv  lot  or  de?tro;e(l  in  llie  niiliiary  service  of  llie  i'nited  ,Stale-s."  :i|i- 
(•roved  January  13.  1,^:17,  as  rirnciide,!  try  an  acl  entitled  ".-^ii  Acl  to  anieird  art  irct  en- 
titled '  An  Ai:t  to  provide  jrayineitt  for  iiors*es  and  ollrer  [irnpeily  lost  ur  deslroved  in 
the  miiiUiTybei  vice  of  the  Unit 'd  t^t,ile..;'  "  approved  Octoher  |.l.'!-s'37.  and  as  slill  lui- 
ther  amended  try  an  act  etTtitled  •"An  .Act  to  amend  ait  net  entitled  \-\ti  act  to  provi.le 
ir.-iymcnt  for  hordes,  and  other  properly  lost  or  deslrov<?d  in  llie  military  service  of  the 
United  Stales,'  approvcil  the  l.Slh  of  January,  1KI7,''  a|iproved  .\nsust  'U,  WAi.  and 
applying  Uie  provision,!  of  the  same  to  the  volunleets  who  have  been  eiiga;;ed  in  the 
military  service  of  lire  United  Slates  since  the  ISlli  Way,  IS  Hi,  are  now,  or  shall  here- 
after he  111  said  service;  and  that  said  eoininiitec  he  instructed,  aUo,  to  iieptire  into  the 
ixiicdiency  of  payiu-r  the  non-eotniiiivsioned  ofliceis,  ntn-icians  and  privates td' sanl 
volunteers  for  |«itu  of  rations,  when  the  l.luited  Slale-s  shall  fail  to  supply  the  sanre. 

THE  WAR    WITH   MEXICO, 

Mr.  CALHOUN  submitted  the  following  resolutions  for  con- 
sideration: 

lieso'iC't.  That  to  coii'iner  Me.vico  and  to  hold  it,  either  ;is  a  pio\  iiice  or  lo  in-  orpo 
rate  it  in  llie  I'niini.  would  be  inconsistent  with  the  avoweil  object  for  which  the  war 
h»s  bezn  [irosecutcd;  a  departuiefroin  thej,eltled  iroliev  of  liie'tlovernrnenrt;  in  confljit 
with  the  cliaiaeler  and  genius;  and  in  the  end,  suliven,ivc  of  onr  lice  and  popular  in 
ttitDtions. 

Rrao^cr^l,  That  no  Hue  of  iwliey  in  the  further  prosecution  of  III*  wai  should  he 
Le  iulo|itcrl  which  may  lend  lo  conseipiences,  so  disastrous. 

On  motion  by  Mr.  C.\LHOUN,  it  was 

Ordered,  That  the  resolutions  be  printed. 


Mr. 
ration 


.MILITARY  HOSPITAL  AT  NEW  ORLEA.VS. 

DOWNS  submitted   the  following   resolution    for  considc- 


resofntion,  that  there  is  an  urgent  necessity  that  some  provision 
should  be  made  for  the  sick  anil  disabled  soldiers  returning  from 
Mexico.  All,  or  a  large  portion  of  them,  embark  at  New  Orleans, 
and  a  still  larger  portion  of  them  return  by  that  route,  entirely 
destitute,  and  although  there  are  means  to  a  limited  extent  in  the 
barracks  and  institutions  of  the  city,  yet  so  great  is  the  number  of 
the  sick  and  disabled,  that  those  means  are  altogether  inadequate. 
It  is  therefore  highly  important — in  fact  it  is  essentially  necessary 
— that  some  permanent  provision  should  be  made  for -the  relief  of 
these  men.  I  believe,  I  may  say,  that  the  Secretary  of  War,  and 
(Jvneral  Brooke,  who  are  rioih  in  possession  of  a  knowledge  of 
these  facts,  will  fully  caneiir  in  the  measures  contemplated  by  this 
resolution.  I  have  nol  thought  it  necessary  to  make  any  specific 
suggestions  myself,  in  regard  to  carrying  into  effect  the  objects  of 
the  resolution,  as  I  think  it  will  be  much  better  left  in  charge  of 
the  able  Committee  on  Military  Affairs;  and  I  desire  to  call  tho 
Hllention  of  the  committee  to  the  subject  at  this  time,  as  General 
Brooke  is  now  in  this  city,  and  will  be  willing  to  furnish  the  com- 
mittee with  any  information  they  may  require  upon  this  subject. 

The  resolution,  having  been  considered  liy  unanimous  consent, 
was  agreed  to. 

PRIVILEGE  OF  THE  FLOOR. 

The  Senate  proeeedt^d  to  consider  the  following  resolution,  sub- 
mitted yesterday  by  Mr.  Niles  : 

AV.so//,/(/,  That  the  .Auditors  ofthe  Treasury,  the  Chiefs  of  the  [siireas  of  the  Navv 
lleirartment.  and  the  .'Vssistaut  Postmasters  General,  lieeutitted  to  seats  on  tlie  floor  of 
ttio  .Senate. 

Mr.  NILES  having  submitted  a  modification  ofthe  resolution, 
said:  I  will  merely  observe  that  I»am  not  disposed  unnecessarilv  to 
increase  the  number  of  those  who  shall  be  admitted  to  the  privi- 
lege ofthe  floor  ofthe  Senate  ehaniber;  but,  I  think  that,  in  re- 
gard to  the  persons  named  in  this  resolution,  there  is  a  manifest 
propriety  in  admitting  them;  for,  if  there  be  any  persons  admitted, 
it  should  be  those  who,  it  may  be  supposed,  from  the  nature  of 
their  official  duties,  may  htive  some  occasion,  in  connection  with 
■-hose  duties  to  enter  the  chamber  in  order  to  see  chairmen  of 
committees;  and  I  believe  that  the  officers  named  in  this  resolu- 
tion are  in  that  situation.  This  privilege  is  extended  to  many  as 
an  act  of  courtesy  and  respect,  such  as  members  of  State  Legis- 
latures, and  others;  but  Senators  must  all  be  aware  that  the  men 
who  are  connected  with  the  details  of  public  service  are  the  men 
who  shguld  enjoy  this  privilege,  in  order  that  they  may  suffer  no 
inconvenience  in  the  discharge  of  their  public  duties. 

The  resolution  as  modified  was  then  agreed  to,  and  is  as  fol- 
lows : 

ttcso'vrd.  That  the  lieads  of  tlie  Bureau  of  the  Trearury,  War,  Navy,  and  Post 
iMlice  Dejiarlriieiit^,  he  admitted  lo  seals  on  the  fioor  of  the  Senate, 

PROTECTION  OF  PASSENGERS  ON  STEAM  VESSELS. 

Mr.  DAVIS,  of  Massachusetts,  submitted  the  following  resolu- 
tion, which  was  considered  by  unanimous  consent,  and  agreed  to  : 

Hrsnlncd,  That  the  Commiltee  on  Coramerce  he  instructed  to  inquire  whether  anv 
further  legislalron  is  necessary  in  regard  to  navigation  by  steam,  for  the  pteseivalioii 
and  protection  of  passengers. 

V.   S.  COURTS  OF    VERMONT. 

Agreeably  to  notice  Mr.  UPHAM  asked  and  obtained  leave  to 
bring  in  a  bill  changing  the  places  and  fixing  the  times  for  holding 
tho  Circuit  and  District  Courts  in  the  district  of  Vermont  ;  which 
was  read  the  first  and  second  times  by  unanimous  consent,  and 
referred  to  the  Committee  on  the  Judiciary. 

WASHINGTON    MONUMENT. 

Agreeably  to  notice,  Mr.  MILLER  asked  and  obtained  leave  to 
brifig  in  ajoint  resolution,  authorizing  the  erection,  on  the  public 
grounds,  in  the  city  of  Washington,  of  a  monument  to  George 
Washington:  which  was  read  the  first  and  second  times,  by  unani-. 
mous  consent,  and  referred  lo  the  Committee  on  the  District  of 
Columbia. 


«r...j/er./.  That  llie  Cuintnillee  on  Military  AITaih  1)0  iiistriu'led  lo  Iniiuiie  whether 
llie  inlereiK  of  llie  teiviof;  does  nol  iei|uiro  that  a  lio<|iilal  or  other  additional  means  be 
piovidrd  lit  New  Orlear,.,  lot  the  belter  ncromniodalioii  of  wonnded,  invalid,  and 
other  .oldier\  and  volunteers  Boinj;  to,  oi  returning  from.  :\le\i,o.  .\nii,  also,  to  iu'iiuite 
whether  any  further  provision  of  law  he  necessary  lo  provnli,  adennale  nici 
rMC^  for  the  supjion  and  ntsisliiiice  of  duchurged  soldiers  or  volunteers  oil  tli, 
home;  and  to  re[iorl  by  bill  or  otherwise, 

Tho  resolution  having  been  road  by  the  Sccrctaiy, 

Mr.  DOWNS  rose  and  suid  ;  I  will  remark  in  rcfercuec  to  this 


n  all 
r  U'turn 


ANNEXATION  OF    TERRITORY. 

The  Senate  proceeded  to  consider  the  following  resolutions,  sub- 
mitted yesterday  by  Mr.  Dickinson: 

Itfsifivctl,  That  tiue  policy  requires  Ihe  Govemmenl  of  llie  L^niled  States  to  strength 
en  its,  political  and  commercial  n;Iations  upon  this  continent  by  the  anne\aliou  of 
such  contiguous  lerrilory  as  may  conduce  to  that  end,  and  can  lie  justly  obtained;  and 
that  neither  in  sncli  acquisition  nor  in  the  territorial  organization  Iheieof,  can  any  coii- 
dilious  he  coiistilutioually  imposed,  or  institutions  lie  provided  for  or  established.'incon- 
sisteut  vv  itii  the  riglit  of  the  people  tliereof  to  form  a  free  iovereign  State,  with  the 
powers  arid  privileges  of  Ihe  ori.viinat  members  of  the  confederacy. 

Rt\'ii>tvn/,  That  in  organizing  a  lerntoria]  goveriuiient  for  ternlory  belonging  to  the 
t.iiited  Stales,  the  princi]ilcs  of  self  goveruhient,  iijioii  which  onr  federative  system 
tests,  will  lie  heat  promoted — the  true  spirit  and  meaning  of  Ihe  constitution  be  oh 
served,  and  the  ronfederaey  strengthened,  liy  leaving  all  questions  concerning  th» 
domestic  policy  therein  lo  the  Legislatures  chosen  by  the  people  thereof 

Mr.  DICKINSON  remarked  that  he  would  not  press  tho  con- 
sideration of  these  resolutions  at  this  time,  but  that  he  would  call 
them  up  after  the  holidays,  when  the  Senate  should  be  full.  He 
therolbre  moved  that  tliey  be  passed  over  for  the  present ,  which 
was  agreed  to. 

On  motion, 

Tho  Scnule  adjourned. 


December  16.  | 


THE  LATE  SENATOR  SPEIGHT, 


25 


THURSDAY,  DECEMBER  16,  1847. 


CREDENTIALS. 

Mr.  MANGUM  presented  the  credentials  of  the  honorable 
JOHN  MACPHERSON  BERRIEN,  elected  a  Senator  ol  the 
United  States  from  the  State  of  Georgia,  for  the  terra  of  six  years 
from  and  after  the  4th  day  of  March,  1S47;  which  were  read. 

Mr.  BERRIEN,  having;  taken  the  oath  of  office,  which  was  ad- 
ministered to  him  by  the  Vice  President,  took  his  seat  m  the 
Senate. 

ROUTE    TO    CALIFORNIA. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  communica- 
tion from  the  Secretary  of  War,  transmitting,  in  compliance  with 
a  resoliitinii  of  the  Senate  of  the  9th  instant,  a  report  trom  the 
Colonel  of  the  Corps  of  Topographical  Engineers,  with  a  copy  ol 
notes  of  the  militarv  roconnoissanco  of  the  route  from  Fort  Leaven- 
worth, in  Missouri,  to  San  Diogo,  in  California,  by  Lieutenant 
William  H.  Emory,  of  the  Topographical  Engineers,  with  the  map 
of  the  said  route,  and  of  the  Arkansas,  Del  Norte  and  Gda  rivers  ; 
as  also  the  report  of  Colo.iel  Philip  St.  George  Cooke's  route  to 
California,  after  diverging  from  the  track  of  General  Kearney. 

On  motion  by  Mr.  PEARCE,  it  was 

Ordered,  That  they  be  printed. 

Mr.  PEARCE  remarked  that  as  these  reports  contained  infor- 
mation that  was  interesting  and  valuable,  he  would  submit  a  reso- 
lution to  print  an  extra  number  of  copies  ;  but  he  would  not  ask 
for  its  consideration  to-day,  as  the  Senator  from  Missouri  (Mr. 
Benton)  was  desirous  of  e.\araining  the  map  before  it  should  be 
lithographed  or  engraved. 

Mr.  PEARCE  then  subraiUed  the  following  resolution: 

Rcjolrcl.  ThM  on..  llKMi.aiiil  , 1.1.1111011.11  roiii.5  of  the  note*  of  a  milltiiry  reco„ilol- 
^aiice  from  Foil  i,e;n  M.woith  to  t^all  Uiego.  by  L.iv.ilpuaiit  William  H.  Liiioiy.  aiul  u 
loloMd  Cooki-'s  teport,  bf  |,nnlc..l  for  the  „.,■  oltlie  Semil-;  nn.l  llial  llic  !-r^retarvot 
Ihc  Senate  be  directeil  t.i  cause  to  be  eiiRrave.l  or  litliographed  ,an  e.|iial  number  ol  tbe 
man  aceomi.anving  LieulenanI  Emory'.  re,,url,  ami  sucb  ot  the  botanical.  Reolo-ical, 
and  otiier  illustrations  as  the  Comimtlee  on  liii^  Contingent  Lxiieu»es  ol  tlie  benate  may 
approve  and  direct. 

CONTINGENT  EXPENSES  OF  THE  SENATE. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the 
Secretary  of  the  Senate,  made  in  pursuance  of  the  2l)th  section  of 
the  act  of  the  Seth  of  August,  1842,  showing  the  disbursements 
from  the  contingent  fund  of  the  Senate,  for  the  year  ending  De- 
cember 4,  1847. 


On  motion  by  Mr.  BREESE,  it  w-as 
Ordered,  That  it  be  printed. 

WAR    .MEETING    IN    PHILADELFHIA . 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the 
proceedings  of  a  town  meeting  held  m  the  city  of  PhUadelpbia.  on 
the  nth  December,  1847,  in  reference  to  the  c.-iisting  war  with 
Mexico. 

On  motion,  it  was 

Ordered,  That  it  lie  on  the  table. 

ADJ«URNMENT     OVER. 

On  motion,  it  was  , 
Oidcred.  That  when  the  Senate  adjourn,  it  be  to  Monday  next- 

REPORT   or  THE   SECRETARY   OF  THE  TREASURY. 

On  motion  by  Mr.  ATHERTON,  it  was 
Ordered,  That  the  Annual  Report  of  the  Secretary  of  the  Trea- 
sury on  the  Finances,  be  rel'eried  to  the  Committee  on  Finance; 
except  so  much  thereof  as  relates  to  the  reduction  and  graduation 
in  the  price  of  the  public  lands,  and  the  extension  of  the  pre-emp- 
tion privilege,  and  to  the  mineral  lands  ;  which  is  hereby  referred 
to  the  Committee  on  Public  Lands;  and  except  so  much  thereof  as 
relates  to  military  land  warrants  and  certificates  ;  which  is  hereby 
referred  to  the  Committee  on  Military  Affiiirs  ;  and  except  so 
much  thereof  as  relates  to  the  donation  of  farms  in  Oregon,  to  ac- 
tual settlers  and  emigrants,  and  the  grant  of  school  sections;  which 
13  hereby  referred  to  the  Committee  on  Territories  ;  and  except  so 
much  thereof  as  relates  to  the  light-house  system,  and  the  ware, 
housing  system,  and  to  the  establishment  of  ports  of  entry  in  Ore- 
gon; which  is  hereby  referred  to  the  Committee  on  Commerce. 

NOTICE    OF   A    BILL. 

Mr.  HUNTER  gave  notice,  that  at  an  early  day,  ho  would  ask 
30th  Cong. — Ibt  Session — No.  4. 


leave  of  the  Senate  to  introduce  a  bill  to  authorize  the  payment  of 
equitable  commissions  to  the  agents  or  attorneys  of  persons  in 
whose  favor  awards  have  been  made,  undei  three  several  treaties 
between  the  United  States  and  foreign  powers,  which  awards 
have  been  retained  in  the  treasury  in  payment  of  debts  due  to  the 
United  States. 

ITHE    LATE    9EN.4TOR    SPEIGHT. 

Mr.  FOOTE  rose  and  addressed  the  Senate  as  follows  : 

Mr.  President  ;  A  few  days  since  wo  were  called  upon  to  as- 
sume the  customary  badges  of  mournful  respect  in  honor  of  a  de- 
ceased Senator  from  Connecticut;  and  now,  whilst  the  sentiment 
of  fraternal  <jricf  is  yet  warm  in  our  bosoms,  and  the  tokens  of 
sorrowing  alTection  are  still  visible  upon  our  persons,  it  has  be- 
come necessary  that  I  should  give  renewed  pain  to  the  sensibili- 
ties of  Senators  by  passing  in  review  before  them  another  dispensa- 
tion of  Divine  Piovidence,  which,  since  the  last  annual  assemblage 
in  this  hall,  has  deprived  the  national  legislature  of  an  njiright  and 
etTicient  member — the  State  of  Mississippi  of  a  faithful  and  ap- 
proved political  agent,  and  myself  of  a  most  worthy  and  esteemed 
colleague.  The  Hon.  Jesse  Speight,  died  at  his  own  residence, 
in  tile  State  of  Mississippi,  on  Saturday  the  first  day  of  May  last. 
after  a  long  and  jiainful  illness,  which  came  upon  him  here,  whilst 
arduously  engaged  in  the  extraordinary  labors  of  the  last  Congress, 
and  which  continued  to  oppress  him  sorely  for  several  months, 
until  at  last  he  sunk  into  that  grave,  where  now  cpiietly  repose  all 
that  was  mortal  of  the  patriot,  the  philanthropist,  and  the  states- 
man. I  shall  not  attempt,  on  this  occasion,  to  deliver  a  formal 
and  elaborate  eulogy  upon  my  lamented  friend,  feeling  that  I  shall 
best  display  the  real  respect  which  I  entertain  for  the  well-known 
republican  suiiplicity  of  his  own  tastes,  by  confining  myself  to  a 
concise  and  unostentatious  delineation  of  his  life  and  character. 

Jesse  Speight  was  born  in  the  county  of  Greene,  and  State  of 
North  Carolina,  a  few  years  anterior  to  the  close  of  the  last  cen- 
tury, where  he  continued  uninterruptedly  to  reside,  until  his  re- 
moval to  the  Stale  of  Mississippi,  in  the  year  1837.  Prior  to  his 
migration  from  the  State  of  his  nativity,  he  had  officiated  as  a 
member  of  her  legislature,  and  had  likewise  supplied  material  aid 
in  the  reformation  of  her  organic  law,  as  a  prominent  member  of 
the  convention  which  assembled  for  that  purpose  in  the  year  1837. 
Before  leaving  North  Carolina,  he  had  represented  one  of  the  con- 
gressional districts  of  that  ancient  Commonwealth  in  the  other 
wine  of  this  Capitol,  for  four  consecutive  terms,  closing  on  the 
thirS  of  March,  1837;  and  I  am  assured  that  his  whole  political 
conduct  at  that  critical  period  of  our  national  history  was  emi- 
nently creditable  to  himself,  and  satisfactory  to  his  constituents. 
After  his  removal  to  the  west,  he  successively  represented  a  most 
intelligent  and  patriotic  constituency,  first,  in  one  branch  of  our 
State  legislature,  and  then  in  the  other,  and  presiding  over  both, 
at  dilTerent  times,  with  such  distinguished  success  as  greatly  to 
elevate  his  character  as  a  public  man,  and  multiply  the  number  of 
his  admirers.  From  the  presidency  of  the  Mississippi  Senate,  he 
was  elected  to  a  seat  upon  this  floor,  where  he  acted  under  the 
daily  and  hourly  inspection  of  those  in  whose  presence  I  now 
speak;  and,  I  trust,  that  I  shall  not  be  deemed  by  any  Senator 
who  hears  me  at  all  extravagant,  when  I  assert  that  my  lamented 
coUeacue,  whUst  connected  with  this  body,  cave  constant  evidence 
of  his  possessing  a  sound,  acute,  and  practical  intellect — habits  of 
persevering  industrv,  seldom  surpassed — inflexible  honesty  of  pur- 
pose— a  magnanimity  of  soul,  which  held  him  ever  in  readiness  for 
the  performance  of  generous  and  noble  deeds,  and  which  equally 
saved  him,  at  all  times,  from  the  least  participancy  in  aught  that 
could  be  reooErnised  as  little,  or  sordid,  or  illiberal.  He  was 
blessed  with  unusual  sweetness,  and  uniformity  of  temper;  and  the 
unceremonious  cordiality  of  his  manners  rendered  his  society  par- 
ticularly agreeable  and  attractive.  In  domestic  life  he  was  strik- 
ingly amiable  and  exemplary;  and  his  untimely  decease  has  brought 
sorrow  and  disappointment  to  kind  and  innocent  hearts,  which  his 
living  presence  never  failed  to  inspire  with  sentiments  of  buoyant 
hope,  and  elastic  gladness  of  spirit. 

Mr.  FOOTE  concluded  by  offering  the  following  resolutions; 
which  were  unanimously  adopted  ; 

Resolvtil,  itnantiiwu^^lv,  Tliat  the  Senate,  from  a  liesire  to  exhibit  a  profoand 
respect  for  the  memory  of  the  flon.  Jesse  Speight.  late  a  member  thereof,  willgo 
into  mourning,  by  wearing  crape  on  the  left  arm,  for  thirty  .lav;- 

Rcsah^c-I,  That  as  an  additional  mark  of  respect  for  the  m'  -.lory  of  the  Hon.  Jesse 
SpKittiiT,  the  Senatedo  now  .tdjourn. 

Ordered  That  the  Secretary  inform  the  House  of  Representa- 
tives thereof. 

Whereupon, 

The  Senate  adjourned. 


26 


PETITIONS. 


[Monday, 


MONDAY,  DECEMBER  20,  1847. 


I  a  pension  ; 


The  Hon  DANIEL  WEBSTER,  of  the  State  of  Massachu- 
setts,  appeared  in  the  Senatc'today. 

J1ESSAGE    FROM    THK    PUESIPENT. 

A  messaffc  in  writing  from  the  President  of  the  Unile.l  States. 
^as  received  by  the  hands  of  J.  Knox  Walker,  Ks.,.,  h>s  private 
scerctary. 

CASE    OF    JOH.V    PICKETT  AND    OTHERS. 

The  VICE  PRESIDENT  laid  before  the  Senate,  a  report  from 
the  Solicitor  of  the  Treasun-.  in  the  ease  of  John  Pickett  and 
others,  owner,  of  the  l.r.i;  Albert,  made  in  pursuance  ot  thedirce- 
tionsof  the  act  of  3d  March,  1847;  which  was  read. 

PI-BI.IC    .MEETING    IN    PHILADELPHIA. 

The  VICE  PRESIDENT  laid  before  the  Senate  the  proceed- 
incs  of  a  meetin- of  citizens  in  Philadelphia,  approving  the  act  ol 
the  ..overnment' in  allowing  the  enii-rant  Morninns  to  rest  on  cer- 
tainunoccupied  lands;  which  were  laid  upon  llic  table. 

PETITIONS. 

The  VICE  PRESIDENT  laid  before  the  Sc.iatc  the  pclition  nf 
Charles  S.  Jackson,  an  officer  of  customs  in  the  port  ot  Philadel- 
phia pravin"  to  be  allowed  certain  items  rcjeeted  by  the  account- 
ing olliccr  in' the  settlement  of  his  accounts;  which  was  relened  to 
the  Committee  on  Finance. 

Mr.  FELCH  presented  the  pctilion  of  Elvira  F.  Smith,  widow 
ofHeiirv  Smith,  deceased,  an  officer  in  the  army,  who  die^l  ol 
disease  contracted  in  the  service,  praying  to  be  allowed  a  nension  : 
which  was  referred  to  the  Committee  on  Pensions. 

Mr.  SEVIER  presented  the  memorial  of  the  survivors  of  the 
crew  of  the  United  States'  brig  Somers,  prayins  indemnity  for  the 
loss  of  their  clothing  and  personal  efl'ects,  occasioned  by  the  cap- 
sizing of  that  vessel  in  the  harbor  of  Vera  Cruz;  whicli  was  refer- 
red to  the  Committee  on  Naval  AlVairs. 

Mr.  CALHOUN  submitted  additional  iloeuments  relating  to 
the  claim  of  Hugh  Wallace  Wormeley  to  a  pensi(ui;  which  were 
referred  to  the  Committee  on  Pensions. 

Mr.  MILLER  presented  the  petition  of  Susan  T.  E.  William. 
son.  widow  of  Charles  L.  Williamson,  deceased,  late  an  otficer  in 
the  navy,  praying  a  pension;  which  was  referred  to  the  Committee 
en  Naval  AH'airs. 

Also,  the  memorial  of  Joshua  Shaw,  praying  that  a  balance  of  an 
appropriation  due  him,  under  an  act  of  Congress,  and  retained  m  the 
treasury,  may  be  paid;  which  was  referred  to  the  Committee  on 
Military  Affairs. 

Also,  the  memorial  of  the  Vestry  of  Washington  Parish,  in  the 
city  of  Washington,  praying  permission  to  purtniasc  part  of  a  pub- 
lic reservation  in  that  eity,  for  the  purpose  of  enlargina  their  burial 
ground;  which  was  referred  to  the  Committee  on  the  District  of 
Columbia. 

Mr.  HANNEGAN  picsenteil  the  memorial  of  Timolhy  Upham, 
John  Laighlon,  Thomas  Hayes,  Michael  W.  Ash.  Sainuel  McClel- 
land. Robert  C.  Wetmore,  James  H.  Suydaiu  and  Allen  Thomas, 
legal  representative  of  John  Tliomas.  (Icccased,  praying  corapen- 
tion  for  performing  the  duties  of  Navy  Pension  Agent;  which  was 
referred  to  the  Coniinittee  on  .\aval  Alliiirs. 

Mr.  YULEE  ]iretented  the  petition  of  Jessco  Turner,  pravin;;  the 
confirmation  of  his  title  to  a  tract  of  land  hehl  under  a  Spanish 
grant,  in  Florida;  which  was  referred  to  the  Committee  on  Pri- 
vate Land  Claims. 

Mr.  CRITTENDEN  presented  the  pelitioii  of  Leslie  Combs 
praying  the  payment  of  certain  bonds  issued  to  hiui  by  the  late 
Republic  of  Texas;  which  was  referred  to  the  Committee  on  the 
Judiciary,  and  ordered  to  be  printed. 

Mr.  JOHNSON,  of  Maryland,  presented  the  memorial  of  Wil- 
liam M.  (Jlendy.nn  officer  of  the  Navy,  praviug  cnmp.jnsation  for 
performing  duties  belonging  to  a  higher  :;rade  lliaii  that  held  by 
him  in  the  service;  which  was  referred  to  ilie  Committee  on  Naval 
Aflairs. 

Also,  the  memorial  of  Sarah  Hebard,  widow  of  Andrew  Hebard 
deceased,  late  a  Chief  Engineer  in  the  Navy,  praying  to  he  allow- 
ed a  pension;  which  was  referre-1  to  the  CominitTee  on  Nivil 
AiTairs. 

Also,  the  memorial  ol  thy  seamen  of  the  United  Stales  siiiiadron 
in  the  Paeihc  ocean,  prayuiL'  the  restoration  of  the  spirit  ration- 
which  was  referred  to  the  Committee  on  Naval  Allairs  ' 


Also,  the  memorial  of  Mrs.  Ann  Chase,  praying  indemnity  for 
losses  at  Tampieo,  in  Mexico,  in  consequence  of  an  outbreak  of 
the  populace  on  the  commencement  of  hostilities;  which  was  re- 
ferred to  the  Committee  on  Foreign  Relations. 

Mr.  DIX  presented  the  memorial  of  officers  of  the  army,  now 
serving  in  Mexico,  praying  the  passage  of  an  act  granting  pen- 
sions to  the  widows  and  orphans  of  such  as  may  die  in  service. 

Also,  a  memorial  of  officers  of  th«  army,  now  serving  in  Mexico, 
praying  the  passage  of  a  law  authorizing  the  retirement  of  officers 
of  the  army  from  active  service  on  certain  conditions. 

In  presenting  these  petitions,  Mr.  DIX  said  : 

I  rise  to  present  two  petitions  to  which  I  desire  to  invoke  the 
attention  of  the  Senate.  It  was  not  until  yesterday  that  I  was 
r  apprised  of  their  contents,  or  I  should  ha\e  brought  them  here  at 
an  earlier  day.  They  wen;  left  on  my  table  in  this  city,  a  week  or 
ten  days  ago,  when  I  was  absent,  sealed  and  addressed  to  an  hon- 
orable Senator  from  Missouri,  (Mr.  Be.nton,)  not  now  in  bis 
p'acc,  who  served  for  raanv  years  as  chairman  of  the  Committee 
on  Military  Allairs,  with  distinguished  honor  to  himself  and  advan- 
tatre  to  the  country;  and  I  greatly  regret  that  he  is  not  here  to 
take  charge  of  iheiu.  I  am  not  in  the  habit,  sir,  as  you  know,  of 
aecompanving  the  presentation  of  paj)*s  with  introductory  re- 
marks. Ill  ordinary  cases  it  is  doubtless  more  proper  to  await  the 
ai;tiun  of  appropriate  committees  on  the  subjects  to  which  they  re- 
fer. But  1  trust  the  nature  of  these  maybe  deemed  by  the  Senate 
to  justify  a  departure  from  the  usual  practice. 

They'are  petitions  sisned  by  the  officers  of  the  Array  at  Puebla, 
on  the  tirst  day  of  August  last,  just  before  it  eommeneed  itsmareli 
towards  the  city  of  Mexico.  The  tirst  is  styled  ''a  petition  for  a 
pcririug  list."  it  contains  two  hundred  and  thirty-three  signatures, 
and  praying  for  certain  legislative  provisions  in  respect  to  aged 
and  disabled  oflicers,  which,  without  casting  any  new  burden  on 
the  public  treasury,  would  in  the  opinion  of  the  petitioners,  add 
greatly  to  the  cfficiencv  of  the  army,  and  at  the  same  time  do  jus. 
tice  to  those,  who  perlorra  the  drudgery,  and  enconntcr  the  perils 
of  military  .service  in  the  tield.  I  will  only  say  further  in  reference 
to  this  petition,  that  the  plan  suggested  corresponds,  to  some  ex- 
tent, though  not  fully,  with  one  proposed  by  a  late  commander  of 
the  army,  (General  Macomb,)  and  I  believe  recently  recom- 
mended by  the  present  Adjutant  General  with  a  view  to  the  same 
object. 

The  second  is  styled  "a  petition  for  widows  and  orphans."  Il 
is  signed  by  two  hundred  and  twenty-two  officers,  and  I  bejievc 
the  names,  .-is  far  as  they  go,  arc  identical  with  those  borne  on  the 
tirst.  It  is  also  dated  at  Puebla,  on  the  tirst  d.iy  of  August  last, 
almost  at,  the  moment  the  army  took  up  its  march  for  the  valley  of 
Mexico;  and  when  considered  in  connexion  with  the  surrounding  cir- 
cumstances and  the  brilliant  events,  which  followed  each  other  \yith 
a  rapidity  of  succession  .scarcely  exceeded  by  those  which  signalized 
the  tirst  entrance  of  Bonaparte  into  Italy,  it  addresses  itself  with 
great  force  to  the  feelings,  as  well  as  the  justice  of  Congress  and 
the  countrv. 

I  will  not  detain  the  Senate  by  entering  into  any  detailed  review 
of  these  events  with  a  view  to  enforce  the  appeal  contained 
in  the  petition.  I  liope,  however,  I  jii.ay  be  indulged- in  saying, 
in  justice  to  those  who  bore  a  part  in  them,  that  the  tirsi 
conquest  of  Mexico  cannot,  as  it  appears  to  me,  bo  compared 
with  the  second,  either  as  to  the  obstacles  overcome,  or  as  to  tho 
relative  strength  of  the  invaders.  The  triumphs  of  Cortex  were 
achieved  by  policy  and  by  superiority  in  discipline,  and  in  the  im- 
plements of  warfare.  The  use  of  liVe-a'rms,  until  then  unknown 
to  the  inhabitants  of  Mexico,  was  sufficient  in  itself  to  make  his 
force,  small  as  il  was,  irresistible.  In  the  eyes  of  that  simple  and 
superstitious  people  he  seemed  armed  with  super-human  power. 
Other  circumstances  combined  to  facililaic  his  success.  The 
native  tribes,  by  wliich  the  country  was  possessed,  were  distinct 
communities,  not  always  acknowledging  the  same  head,  and  often 
divided  among  themselves  by  implacable  hostility  and  resentments. 
Cortez,  by  his  consiuumate'iinidenec  and  art.  turned  these  dissen- 
sions to  his  own  account;  he  lured  tho  parties  to  them  into  his 
own  service,  and  when  ho  presented  himself  at  the  gates  of  the 
eity  of  Mexico,  ho  was  at  the  head  of  four  thousand  of_  the  most 
warlike  of  the  natives,  as  auxiliaries  to  the  band  of  Spaniards, 
with  which  he  commenced  his  march  from  Vera  Cruz.  Thus,  his 
early  successes  were  as  much  the  triumph  of  policy  as  ol  arms. 
General  Scott,  and  the  t'allant  band  he  led,  had  no  such  advan- 
tages. The  whole  jioiiulation  of  the  country  from  Vera  Cruz  to 
Mexico,  was  united  as  one  man  against  him,  and  animated  by  the 
Sercest  animosity.  He  was  opposed  by  military  forees  armed  like 
his  own,  often  better  disciplined,  occupying  positions  cho.sen  by 
themselves,  strong  by  nature,  and  lortiticd  aci-ording  lo  the  strictest 
rules  of  art.  These  obstacles  were  overcome  by  his  skill  as  a 
tactician,  aided  bv  a  corps  of  officers  unsurpassed  for  their  knowl- 
•dge  of  the  art  ol'attaek  and  defence,  and  by  the  indomitable  cour- 


December  20.] 


PETITIONS  FROM  THE  ARMY. 


27 


ETC  of  their  followers.  AVitli  lialf  his  force  left  on  the  battle-field 
or  in  the  hospital,  and  Willi  less  than  six  thousand  men,  altera 
series  of  desperate  contests,  he  took  possession  of  the  city  of  Mex- 
ico, containing  nearly  two  hundred  thoussn;!  inhabitants,  and 
defended  by  the  remnant  of  an  army  of  more  than  thirty  thousand 
soldiers.  I  confess  1  know  nothinf;  in  modern  warfare  which  ex- 
ceeds in  brilliancy  the  movements  of  the  American  army  from  the 
gulf  to  tlio  city  of  Mexico.  I  shall  not  attempt  to  speak  of  them 
m  the  language  of  enlogiuin.  They  are  not  a  fit  theme  for  such 
comment.  Like  the  achievements  of  General  Taylor  and  his 
brave  men  on  the  Rio  Grande,  at  Monterey,  and  Buena  Vista,  th» 
hiirhest  and  most  appropriate  praise  is  contained  in  the  simplest 
statement  ol'  facts. 

Mr.  President,  the  gallant  achievements  in  the  valley  of  Mexico, 
to  which  I  have  briefly  referred,  were  due  to  the  chivalrous  men, 
whose  names  aie  signed  to  this  petition,  and  to  their  gallant  a.sso- 
ciates  in  the  field.  The  names  of  the  volunteer  officers,  who  .so 
nobly  distinguished  themselves,  are  not  borne  on  the  petition. 
The  subject  concerns  the  regular  army  only,  and  the  petitioners 
belong  exclusively  to  that  arm  of  the  .service.  At  the  head  of  the 
first  I  find  Winfield  Scott,  William  J.  Worth,  John  A.  Quitman, 
Gideon  J.  Pillow,  David  E.  Twiggs,  James  Shields,  George  Cad- 
wallader,  and  Persilbr  F.  Smith,  all  general  officers;  Harney, 
Clark,  Riley,  and  Garland  among  the  colonels;  and  among  the 
field  and  stafl",  and  lower  commissioned  grades  other  names,  too 
numerous  to  mention,  which  those  who  bear  them  have,  by  their 
gallantry,  made  familiar  to  their  countrymen.  I  have  already 
said,  that  this  petition  was  signed  at  Puebla,  almost  at  the  mo- 
ment the  armv  commenced  its  march  from  that  city  for  the  valley 
of  Mexico.  Sir,  it  is  more  than  )irobalile,  that  the  last  time  many 
of  these  gallant  men  held  a  pen  was  to  inscribe  their  nittiics  upon 
this  petition;  and  when  this  appeal  to  their  countrymen  was  made, 
in  full  confidence,  doubtless,  that  their  prayer  would  be  heard, 
their  hands  tbenceforlh,  dealt  only  with  the  weapons  with  which 
they  were  vindicating  their  country's  honor  in  the  field,  and  which 
none  but  death,  the  conqueror  of  us  all,  could  wrest  from  their 
grasp. 

Mr.  President,  I  will  not  undertake  to  give  a  summary  of  the 
contents  of  this  petition.  It  is  very  brief;  preparing,  as  the  peti- 
titioners  were,  for  the  unequal  contest  which  awaited  them,  and  of 
which,  perliaps,  thev  ah.ine  did  not  doubt  the  issue,  they  had  no 
words  to  waste,  even  on  the  subject  nearest  to  tl\eir  hearts.  I  will 
read  it,  with  the  Senate's  permission,  in  their  own  language: 

*'  To  the  Scnfitr  and  Jioysr  «/  Rrprpfinttiififi'.^  f)f  ttic  United  Stnte.-t  of  Anierira  : 

"We.  tlie  nudersigrieil,  0lTif<^is  of  the  United  States  Ariny,  beg  leave,  most  lespecl- 
fully,  to  lepre-r-iit  tu  your  lioiiorahle  hoslies,  tliat  many  of  ub  are  married,  and  have  left 
wives  and  children  at  home,  dependent  upon  ns  ;  that  we  art- constantly  ex po=ied  to 
danger  and  sudden  death,  not  only  on  tlie  field  of  hattle.  bnt  by  e.iiposnre  to  unheuhby 
and  rieartly  climale«  ;  and  thai  in  yoing  to  llie  tight,  many  of  us  iiave  our  hearts  de- 
pressed by  the  melancholy  conviction  that,  if  we  fall,  our  wives  and  children  will  he 
neiplessly  thrown  on  the  cold  charities  of  Ihc  world. 

■•  We  most  respectlully  ask  onr  conutr}'  to  give  us  the  a.ssurance.  if  we  offer  up  onr 
lives  in  her  service,  that  she  will  prn\  i.lc  for  our  dcslitute  widows  and  orphans;  aud 
thai  she  may  do  so,  we  hunihly  petition  your  hoitoralde  bodies  lo  )»ass  sucli  a  law  as 
von  in  yonr  wisdom  shall  deem  just — as  shall  give  to  the  wives  and  children  of  ottieers 
aud  soldiers  dying  in  the  service  of  their  country,  pensions  iluring  the  natund  lives  or 
widowhood  of  the  wife,  aud  during  the  niinorily  of  llie  children  ;  aud  your  petitioners, 
as  in  duty  hound,  will  evergralefullv  piay. 

■•  Puebla,  Mexico,  Angus!  1st,  Ir'^T." 

It  is  due  to  General  Scott  to  say,  that  in  signing  the  nctition,  he 
added  these  words  : 

"  Without  any  desire  of  procuring  for  my  own  family  any  conlingenl  benefit  fioiu 
ihe  proposed  change  in  the  [lensinn  laws  of  llis  army,  I  enllfa'y  concur  in  the  reason- 
ableness of  the  foregoing  peliliou.  and  can  see  no  mililaryor  other  objection  toils 
being  signed  and  presented." 

General  Quitman  also  signs  with  the  following  addition: 

"  1  approve  the  measure  of  placing  the  regular  army  on  the  same  footing  with  the 
navy  aud  voluuieers," 

This  remark  of  General  Quitman  explains  sill.  The  army  is  not 
on  an  equally  favorable  footing,  in  respect  to  widows  and  orphans, 
with  the  navy  or  volunteers.  Without  complaining  of  the  in- 
equality, the  petitioners  respectfully  ask  that  it  may  be  rectified. 

Mr.  I'resident,  I  have  no  doubt  that  in  reading  and  signing  this 
jietition,  the  recoUection'of  wives  and  children,  thousands  of  miles 
»way,  many  of  whom  were  to  become  widows  and  orphans  bclore 
this  last  missive  could  reach  the  capitol,  was  to  the  signers  far 
more  trying  than  the  scenes  of  danger  and  death  on  which  they 
were  about  to  enter.  If  it  was  to  them  a  moment  of  weakness — 
the  only  weakness  pardonable  to  gallant  men — the  memory  of  a 
duicn  battle-fields  attests  that  it  was  the  last.  Some  of  them  sleep 
in  honorable  graves;  .some  are  lying  on  beds  of  sickness  in  Mexico; 
many  are  still  in  the  field,  ready,  as  ever,  to  peril  all  in  their 
country's  cause  ;  and  others — I  am  sorry  to  say  not  a  few — restored 
to  their  hoines,  are  dragging  about  their  scarred  and  mangled 
limbs,  in  the  face  of  their  friends  and  kindred,  with  lives  held  by 
the  frailest  tenure. 

But,  sir,  I  have  said  enough.  It  would  be  to  distrust  the  right 
feeling  of  the  Senate,  to  say  more.  Less  I  could  not  say,  in  jus- 
tice to  myself,  with  this  paper  before  me,  on  which  I  recognize  the 
names  of  numerous  friends  and  former  associates,  many  of  whom 
we  shall  see  no  more.  It  gives  me  pleasure,  not  unrainaled  with 
pain,  to  present  their  petition  :  and  if  the  presentation  has  been  ac- 
companied with  the  manifestation  of  more  feeling  than  becomes 
the  performance  of  a  public  duty  on  this  floor,  I  am  sure  it  will  be 
ascribed  to  the  right  cause.  I  will  conclude,  sir,  by  reading  to  the 
Senate,  an  extract  of  a  letter  enclosed  with  the  petition,  with  the 
single  remark,  that  it  was  written,  in  behalf  of  the  army,  by  Major 
Harvey  Brown,  a  gallant  officer,  with  whom  I  had  the  pleasure  of 


being  acquainted  many  years  ago,  in  the  stafl"  of  a  former  com- 
manding general  of  the  army.  It  is  dated  at  the  National  Palace, 
in  the  city  of  Mexico,  on  the  1st  of  October,  two  months  after  the 
petition  was  signed. 

"  I  would  also  call  to  your  notice  the  melancholy  fact,  thai  many  of  the  otficcis,  who 
have  signed  Ihis  petition,  have  since  gloriously  fallen  in  the  servii,e  of  their  country, 
leaving  destitute  widow  s  and  helpless  orphans.  And,  being  dead,  they  now  emphati- 
cally speak,  saying:  '  We  have  oflered  up  our  lives  to  our  country,  and  we  now  call 
u|)onherlo  provide  a  decent  coini»efence  for  our  bereaved  widoivs  aud  faUicrless 
children.'  " 

Is  it  too  much.  Mr.  President,  to  ask  that  these  petitions,  with 
the  names  attached  to  them,  may  be  printed?  I  know  it  is  not  the 
practice  of  the  Senat.j  to  print  petitions.  But  these  are  something 
more.  As  far  as  they  go,  they  are  lists  of  the  galhint  living  and 
the  honored  dead  in  Mexico,     I  make  the  motion  to  print. 

The  memorials  were  then  referred  to  the  Committee  on  Military 
Ati'airs,  and  ordered  to  be  printed. 

Mr.  YULEE  presented  the  petion  of  Isaac  Varnes,  senior,  pray- 
ing indemnity  for  losses  sustained  in  consequence  of  the  occupation 
of  his  property  as  a  military  post,  by  troops  of  the  United  States; 
which  was  referred  to  the  Committee  on  Military  Aflairs. 

Also,  the  memorial  of  Joseph  Knox  Boyd,  praying  comp^sation 
for  his  services  in  the  recapture  of  the  United  States  frigate  Phil- 
adelphia, in  the  harbor  of  Tripoli,  in  the  year  1804;  which  was  re- 
ferred to  the  Committee  on  Naval  Affairs. 

Also,  the  memorial  of  William  A,  Christian,  a  Purser  in  the 
Navy,  praying  the  allowance  of  certain  items,  suspended  by  the 
accounting  officers  in  the  settlement  of  his  accounts,  for  payments 
made  to  the  acting  forward  oflicers  on  board  of  the  United  States 
steaiuer  Princeton;  which  was  referred  to  the  Committee  on  Naval 
Affairs. 

Also,  the  memorial  of  John  Crosby,  in  behalf  of  the  children  of 
Andrew  D.  Crosby,  deceased,  late  a  Purser  in  the  Navy,  praying 
that  they  may  he  allowed  a  five  years'  pension;  w  hich  was  referred 
to  the  Committee  on  Pensions. 

Also,  the  memorial  of  John  Crosby,  administrator  of  Andrew  D. 
Crosby,  deceased,  late  a  Purser  in  the  Navy,  praying  to  be  allowed 
a  credit  on  his  accounts  for  payments  made  to  certain  acting  for- 
ward officers  on  hoard  the  United  States  ship  Ontario;  which  was 
referred  to  the  Committee  on  Naval  Ati'airs. 

Mr.  CASS  submitted  documents  relating  to  the  claims  of  A. 
Kearsley,  receiver  of  public  lands  at  Detroit,  to  compensation  for 
extra  cierk  hire  in  bis  office;  which  were  referred  to  the  Committee 
on  Public  Lands. 

Mr.  DIX  presented  a  memorial  of  citizens  of  Oswego,  prayinir 
that  a  drawback  of  duties  may  be  allowed  on  wheat  imported  from 
Canada  into  th«  United  States,  when  manufactured  into  flour  and 
exported;  which  was  referred  to  the  Committee  on  Commerce. 

Also,  the  memorial  of  Bftijamin  J,  Cahoone,  a  Purser  in  the 
Navy,  praying  the  reimbursement  of  money  advanced  by  him  on 
public  account;  which  was  referred  to  the  Committee  on  Naval 
Affairs, 

Mr  BADGER  presented  a  memorial  of  the  Religious  Society 
of  Friends  at  New  Garden,  North  Carolina,  praying  the  adoption 
of  measures  for  the  immediate  termination  of  the  war  with  Mexico 
which  was  laid  upon  the  table  and  ordered  to  be  printed. 

On  motion  by  Mr,  RUSK,  it  was 

Ordered,  That  the  petition  of  Wm.  H.  Premiss,  on  the  files  of 
the  Senate,  be  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  JOHNSON,  of  La.,  it  was 

Ordered,  That  the  petition  of  Bailie  Peyton,  on  the  files  of  the 
Senate,  be  referred  to  the  Committee  on  Private  Land  Claims. 

On  motion  by  JOHNSON,  of  La,,  it  was 

Ordered,  That  the  petition  of  W.  H.  Bassett,  on  the  files  of  th« 
Senate  be  referred  to  the  Committee  on  the  Judiciary. 

On  motion  by  Mr.  JOHNSON,  of  La.,  it  was 

Ordered,  That  the  petition  of  Abner  L.  Duncan,  on  the  file*  of 
the  Senate,  be  referred  lo  the  Committee  on  the  Judiciary. 

On  motion  by  Mr.  JOHNSON,  of  La.,  it  was 

Ordered,  That  the  documents  on  the  files  of  the  Senate,  relating 
to  the  claim  of  William  De  Buys,  be  referred  to  the  Committee  on 
the  Post  Office  and  Post  Roads. 

On  motion  by  Mr.  CLAYTON,  it  was 

Ordered;  That  the  petition  of  Bettriah  Healy,  on  the  files  of  tho 
Senate,  be  referred  to  the  Committee  on  Pensions. 

On  motion  by  Mr.  UPHAM,  it  was 

Ordered,  That  the  petition  of  Abigail  Garland,  on  the  files  o( 
the  Senate,  be  referred  to  the  Committee  on  Pensions. 

On  motion  by  Mr.  YULEE,  it  was 


23 


RESOLUTIONS  OF  LEGISLATURES. 


[Monday 


Ordered,  That   the  petition  of  A.  H.   Colo,  on  the  files  of  the 
Senate,  be  referred  to  the  Committee  on  Military  Alfairs. 

On  motion  by  Mr.  YULEE,  it  was 

Ordered,  That  the  pelition  of  certain  claiman's  for  remunera- 
tion for  supplies  furnished  to  Florida  Militia  in  the  Seminole  war, 
on  the  files  of  the  Senate,  be  referred  to  the  Committee  on  Milito- 
ry  Aflairs. 


Ordered,  That  Throckmorton  and  Bent,  St.  Vrain  and  Compa- 
ny, have  leave  to  withdraw  their  petition  and  papers  from  the  files 
of  the  Senate. 


NOTICES   or  BILLS. 


On  motion  by  Mr.  YULEE,  it  was 

Ordered.  That  the  pelition  of  John  G.  Sanchez,  administrator 
of  Frances  R.  Sanchez,  on  the  files  of  the  Senate,  be  referred  to 
the  Committee  of  Claims. 

On  motion  by  Mr.  MASON,  it  was 

Ordered,  That  thu  pelition  of  Pearson  Cogswell,  on  the  riles  of 
the  Senate,  bo  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  ATCHISON,  it  was 
Ordered,  That  the  petition  of  Henry  M.  Shreve,  on  the  riles  of 
the  Senate,  he  referred  to  the  Comniittpe  on  Commerce. 

On  motion  by  Mr.  FAIRFFELD,  it  was 

Ordered,  Thai  tho  petition  of  Jcsscp  D.  Elliott,  the  petition  of 
Thomas  Brownell,  and  the  petitiiMi  of  James  Mcintosh,  on  the  files 
of  the  Senate,  be  severally  referred  to  tlii;  Cnminitiec  on  Naval 
Affairs. 

On  motion  by  Mr.  DOWNS,  it  was 

Ordered,  That  the  memorial  of  the  members  of  the  Bar  at  New 
Orleans,  on  the  files  of  the  Senate,  be  referred  to  the  Committee 
on  the  Judiciary. 

On  motion  by  Mr.  DOWNS,  it  was 

Ordered,  That  the  petition  of  John  Milikin,  ,Vnn  H.  P.  Lawson, 
and  otiiers,  on  the  files  of  the  Senate,  be  referred  to  the  Commit- 
tee on  Public  Lands. 

On  motion  by  Mr.  DAVIS,  of  Miss.,  it  was 

Ordered,  That  the  petition  of  Clements,  Bryan  and  Company 
on  the  filesjnf  the  Senate,  be  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.   DAVIS,  of  Miss.,  it  was 

Ordered,  That  the  petition  of  Henry  Childs,  on  the  files  of.  the 
Senate,  bo  referred  to  the  Committee  on  Pensions. 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  was 

Ordered,  That  the  petition  of  John  L.  Worden.  on  the  files  of 
the  Senate,  be  referred  to  the  Committee  on  Naval  Afiairs. 

On  motion  by  Mr.  JOHNSON,  of  iilaryland,  it  was 

Ordered,  That  the  petition  of  Gustaviis  B.  Horner,  on  the  files 
of  the  Senate,  be  referred  to  the  Coiiimittec  on  Revolntionary 
Claims. 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  was 
Ordered,  That  the  petition  of  the  lecal  representatives  of  Ethan 
Allen,  on  the  files  of  the  Senate,  be  referred  to  the  Committee  on 
Kevolutionary  Claims. 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  was 
Ordered,  That  the  pelition  of  Stephen  Champlin,  on  the  files  of 
tlie  benate,  be  referred  to  the  Committee  on  Naval  Affairs. 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  was 
Ordered,  T\M  the  petition  of  the   heirs  of  Caleb  Swan,  on  the 
tiles  ol  the  Senate,  be  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  was 
Ordered,  That  the  petition  of  Cohimbns  Alexander  and  Then. 
miuerrciaims".'''^  '''■'  "''  ""■  '''""''■  '^  -""'■'■''  ^  "^  ^otn- 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  was 
O'-dered,  That  the  petition  of  Maria    S.  Nours«,  widow  of  'o. 
ter:,.  Cla7,n's.°"  '''  '•''"  °'  ""  "'"'"'•'  '"^  ''''''■'■'''  '"  "-  ^"™^""- 

On  motion  by  Mr.  CORWIN,  it  was 

Sena''t'l"'h'';Jr''"  '!'"  ^TT  "''  •^™''I'''  ^''^''^''«<  <•»  '''«  dies  of  the 
senate,  be  rclerred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  DIX,  it  was 

Se^afe'Te're^f!?"  I'f  TT  "f  .''''"""''l  Grice,  on  the  files  of  the 
senate,  he  relerred  to  the  Committee  of  Claims. 


Messrs.    MANGUM,  DIX,  CRITTENDEN, 
severally  trave  notice,  that  on   to-morrow,  or   at 
they  woul3  ask  leave  to  introduce  sundry  bills. 


and    FOOTE, 
;ome  early  day, 


On  motion  by  Mr.  ATCHISON,  it  wa. 


RESOLUTIONS  OF  STATE  LEGISL-^TURES. 

Mr.  BALDWIN  presented  a  preamble  and  resolutions,  pa.^sed 
by  ihe  Leffislature  of  Connectiout,  in  favor  of  the  construction  of 
a  railroad  from  Lake  Michigan  to  the  Pacific  ocean,  according  to 
a  plan  proposed  hy  Asa  Whitney,  a  citizen  of  New  York  ;  wlich 
were  read  and  ordered  to  be  printed. 

Mr.  UNDERWOOD,  in  presenting  a  report  and  resolutions 
adopted  by  the  Legislature  of  the  State  of  Kentucky,  requesting 
the  Senators  and  Representatives  of  that  State  in  Congress  to 
ui-ijc  upon  that  body  the  importance  of  passing  such  laws  as  will 
enable  the  citizens  of  slaveholding  States  to  i^ecover  their  slaves 
when  escaping  to  the  non-slaveholding  States  ;  which  were  refer- 
red to  .the  Commitlecon  the  Judiciary  ;  remarked,  that  during  the 
last  summer  a  case  had  cnme  somewhat  under  his  own  observa- 
tion, which  he  begged  here  to  present  to  the  notice  of  the  Senate. 
A  gentleman  named  Duncan  had  some  time  previous  removed  from 
Kentucky  into  Missouri;  he  lost  a  slave  and  followed  him  into 
Detroit,  and  there  arrested  hiin.  The  slave  was  taken  from  the 
pos.session  of  the  owner  there,  and  an  action  of  trespass  was  insti- 
tuted against  the  claimant,  on  which  the  owner,  in  default  of  bail, 
at  the  instance  of  the  slave,  was  put  in  jail.  The  slave  was  re- 
leased. The  gentleman  remained  in  jail  until  by  correspondence 
with  his  friends  in  Kentucky  a:id  elsewhere,— he,  (Mr.  U.,) 
amongst  the  number, — he  obtained  satisfactory  proof  that  he  vyis 
the  owner  of  the  slave,  and  that  the  proceedings  which  had  been 
commenced  against  him  were  altogether  unjust.  He  took  that 
opportunity  to  say  that  Mr.  Norvell',  late  a  member  of  that  body, 
and  without  personal  acquaintance  with  the  gentleman  thus  put  in 
jail  at  the  instance  of  his  slave,  took  an  active  part  in  procuring 
his  release.  But  in  the  meantime  the  slave  had  escaped  into  Can- 
ada; and  there  was  the  end  of  the  matter.  He  then  moved  that 
the  memorial  bo  referred  to  the  Committee  on  the  Judiciary,  in 
order  that  something  might  be  reported  which  would  meet  the 
case. 

On  motion  by  Mr.  UNDERWOOD,  it  was 

Ordered,  That  they  be  printed. 

Mr.  HALE  presented  resolutions  passed  by  the  Legislature  of 
the  State  of  New  Hampshire  in  opposition  to  any  legislation  by 
Congress  on  the  subject  of  slavery;  or  the  extension  of  slavery  in 
any  territory  which  may  herealter  be  acquired  by  the  L'nited 
States;  which  were  read  and  ordered  to  be  printed. 

Also,  a  resolution  passed  by  the  Legislature  of  the  Stale  of  New 
Hampshire,  in  favor  of  the  passage  of  an  act  for  the  removal  of 
the  terms  of  the  Circuit  and  District  Courts  of  the  United  States 
for  the  District  of  New  Hampshire  from  Exeter  to  Concord,  in 
that  Stale;  which  was  ordered  to  be  printed. 

Mr.  NILES,  in  presentii^  a  preamble  and  resolution  passed  by 
the  Legislature  of  the  Stale  of  Connecticut,  declaring  their  oppo'- 
sition  to  the  introduction  of  slavery  or  involuntary  servitude, 
cxcejit  as  a  punishment  for  crime,  into  any  territory  which  may 
hereafter  be  acquired  by,  or  annexed  to,  the"  United  Slates;  which 
were  read,  said:  I  move,  sir,  that  the  resolutions  which  I  have 
now  submitted  he  printed.  The  preamble  to  these  resolutions  has 
no  practical  coniicLtion  with  the  resolutions  themselves.  Whether 
the  war  proceeded  from  the  act  of  Mexico  or  from  the  act  of  the 
President  of  the  United  States,  is  a  matter  which  can  have  no  in- 
fluence whatever  upon  the  question' — as  to  the  disposition  of  any 
territory  which  may  be  acquired  in  consequence  of  it;  and  I  allude 
to  this  matter,  sir,  because  I  believe  it  was  found  embarrassing  to 
the  Legislature,  and  that  it  placed  the  minority  of  that  body  in  a 
situation  somewhat  analcigr.us  to  that  in  which  some  of  my  friends 
over  the  way  found  themselves  in  relation  to  the  law  recocniziiii? 
the  war  with  Mexico.  They  did  not  like  tho  preauible  to  that 
act,  and  there  are  many  in  my  State  who  dislike  this  preamble 
quite  as  much.  The  majority  there,  like  the  majority  here,  were 
desirous  that  the  act  should  not  only  be  done,  but  done  in  a  way  in 
which  they  saw  fit  to  have  it  done.  The  act  passed,  however,  not- 
withstanding this  repugnance  to  its  preamble.  However  this  may 
be,  sir,  I  feci  it  my  duty  to  say,  as  one  of  the  Representatives  of 
that  State,  that  I  have  no  doubt,  that  these  resolutions  speak  the 
sentiments  of  the  great  body  of  the  people  of  that  State.  With 
regard  to  the  iircamblc,  I  think  otherwise.  The  resolutions,  I 
think,  sir,  speak  the  public  sentiment  ol  the  State,  and  this  con 
elusion  I  do  not  form  entirely  from  the  action  of  the  General  As- 
sembly; still  less,  do  I  arrive  at  it  from  ihe  tone  of  the  party  pres- 
ses of  the  Staie^ — they  will  probably  lead  me  and  every  one  to  a 
dilfcreut  conclusion — for  I  regret  to  perceive,  sir,  in  the  press  on 
both  sides  in  that  State,  a  shuffling  course  is  pursued,  and  an  en- 
deavor is  made  to  keep  this  question  out  of  the  sight  of  the  peo- 
ple. An  unwise  policy,  I  think.  But  however  much  it  is  to  be 
regretted  that  the  question  should  arise  here  or  before  the  coun- 
try, I  apprehend  that  it  does  exist  and  that  it  will  be  impossible 
to  avoid  meeting  it  and  looking  it  fnll  in  the  face.     For  one,  I 


December  20. J 


BILLS  INTRODUCED. 


29 


could  have  regretted  that  the  question  shouhl  have  come  here — have 
hoced  that  in  some  way  it  would  have  been  kept  out  of  this  body,  but 
we  have  aheady  resolutions  bringinfr  up  this  question.  We  have, 
sir,  the  messajfe  of  the  Executive  one  of  the  co-ordinate  branches 
of  the  government,  informinfr  us  that  a  part  of  Mexico  now  be- 
longs to  this  Union,  and  calling  on  us  to  establish  a  territorial  go- 
vernment over  it.  Many  persons  have  assumed  the  position  to 
which  I  have  referred,  not  I  apprehend,  lor  the  lastini,'  interests 
of  the  country,  but  for  temporary  party  purposes.  Many  have  as- 
sumed this  position;  that  the  question  would  not  arise  because  they 
were  opposed  to  acquisition.  Well,  sir,  that  time  has  gone  by;  we 
are  told  that  we  have  this  territory  and  are  called  on  to  recognize  it 
as  a  part  of  the  territory  of  the  United  States,  and  to  establish  the 
jurisdiction  of  our  civil  government  over  it.  In  regard,  sir,  to  this 
position  which  has  been  assumed  by  the  Executive,  I  have  nothing 
to  say.  I  was  somewhat  .startled  at  it,  sir.  As  to  how  far  it  can 
be  maintained,  we  shall  sec  hereafter;  for  it  will  be  broua-lil  up  for 
consideration  in  the  course  of  the  .session.  But  .sir.  the  other 
question  i^i  brought  forward  here,  and  we  shall,  I  suppose,  have  it 
discussed.  For  one.  sir,  having  felt  it  my  duty  at  the  last  session 
to  express  my  views  in  regard  to  it,  it  will  be  unnecessary  for  me 
to  explain  my  course  until  the  question  actually  comes  up  again. 
I  certainly,  sir,  shall  pursue  such  a  course  as  I  believe  to  be  mode- 
rate and  conciliatory  and  kind  towards  that  section  of  the  Union, 
with  which  I  shall  probably  differ  on  this  subject.  But  I  cannot 
consent  lo  misrepresent  mv  constituents.  I  cannot  mistake  their 
sentiments.  I  cannot  mistake  what  I  believe  to  be  their  interests. 
I  think  the  public  sentiment  of  my  State,  and  the  public  sentiment 
of  the  whole  north,  is  that  thoy  will  adhere  fully  and  with  the 
utmost  fidelity,  in  guarding  the  rights  of  all  the  Slates  on  this  ques- 
tion, so  far  as  the  constitution  and  public  treaties  have  secured 
those  rights — or  in  other  words,  that  tliev  will  support  the  institu- 
tion of  slavery  as  an  .American  institution,  so  far  as  the  constitu- 
tion and  public  treaties  have  ctirried  it,  and  given  it  a  common 
ground.  So  far,  sir,  I  believe  the  public  sentiment  of  the  north  is 
well  settled,  and  I  believe  it  is  equally  well  settled  that  they  are 
not  desirous  by  any  action  on  their  part  to  be  instrumeiual  in  "en- 
larging the  area  of  slaverv"'  as  it  is  sometimes  called.  I  believe 
the  sentiment  is  that  there  is  no  power  in  this  government  to  do 
that,  and  if  there  were,  it  would  be  unwise  and  unjust  to  exercise 
it.  This  question  will  probably  lead  to  some  debate,  and  I  hope 
it  will  be  discussed  as  temperately  as  any  other  question  which 
can  come  before  tliis  body.     I  hope  it  will  be  discussed  with  a  pro- 

Eer  rejard  to  the  rights  of  the  States  under  the  constitution  which 
indsthem  together,  and  with  a  proper  regard  to  the  interests  and 
honor  of  the  whole  country.  For  one.  sir,.  I  flo  not  believe  that 
there  is  any  power  in  this  government  which  can  institute  or  origi- 
nate or  sustain  slavery  beyond  the  limits  where  the  constitution 
has  carried  it;  .nnd  if  we  are  to  go  beyond  the  constitution,  I  am, 
as  I  have  ever  been,  ready  here  and  elsewhere,  lo  defend  the  posi- 
tions I  assumed  at  the  last  session.  Nor  do  I  believe  it  would  be 
consistent  with  the  duty  of  this  government,  to  acquiesce  in  the 
existence  of  slavery  in  fact,  and  without  law,  in  any  territory  we 
may  acquire.  Nothing,  in  my  opinion,  can  be  more  clearly  unjus- 
tifiable: but  the  question  presented  in  these  resolutions  is  entirely 
distinct.  It  is  a  question  whether  this  government  shall  become 
an  agent  in  establishing  or  extending  this  institution.  I  will  not 
detain  the  Senate  further  at  this  time. 

Ordered,  That  they  be  printed. 

Mr.  ATHERTON  presented  resolutions  passed  by  the  Legisla- 
ture of  the  State  of  New  Hampshire,  in  favor  of  the  repeal 
of  so  much  of  the  "act  to  establish  post  routes,  and  for  other 
purposes,''  as  enlarges  the  franking  privdege  and  increases  the 
postage  on  newspapers  not  sent  from  the  office  of  publication; 
which  were  read  and  ordered  lo  be  printed. 

Also,  resolutions  of  the  Legislature  of  New  Hampshire,  tender- 
ing the  thanks  of  that  State  to  Major  General  Zachary  Tavlor  and 
Major  General  Winfield  Scott,  and  to  the  bravo  officers  and  sol- 
diers under  their  respective  commands,  for  their  distiiinuished  and 
gallant  conduct  during  the  several  engagements  with  the  enemv, 
by  whose  act  the  war  now  exists;  tendering  sympathy  to  the  friends 
and  relatives  of  the  brave  men  who  had  fallen;  declaring  that  the 
course  of  our  government  has  been  marked  by  a  spirit  of  forbcr- 
ance  and  conciliation,  until  the  actual  invasion  of  our  territory: 
and  recognizing  in  the  measures  of  the  national  Executive  a  .spirit 
of  justice  and  a  desire  for  peace,  but,  at  the  same  time,  wisdom, 
statesmanlike  forecast,  and  patriotic  energy;  which  were  read  and 
ordered  to  be  printed. 

Mr.  SEVIER  hoped  that  the.  motion  of  the  honorable  Senator 
from  New  Hampshire  to  print  would  be  withdrawn;  or  if  tliat  were 
not  in  order  now,  that  a  reconsideration  of  the  question  miglit  l.c 
agreed  to,  in  order  that  the  resolutions  might  be  withdrawn. 

A  Sen.\tor. — Why  ? 

Mr.  SEVIER. — Because  it  is  entirely  an  unnsal  course  of  ]iro- 
cedure.     I  have  never  known  it  to  be  done  in  the  Senate, 

Mr.  ATHERTON. — I  have  certainly  no  desire  to  do  any  thing 
in  the  slightest  degree  in  contravention  of  the  established  practice 
of  the  Senate.  But  I  suppose  that  according  to  the  practice,  re- 
solutions passed  on  general  subjects,  as  these  have  been,  may  be 
presented  to  Congress  although  no  express  clause  to  that  effect 
may  be  contained  in  them.     I  have  no  doubt   that  it  was  the  de- 


sign of  the  members  of  the  Legislature  that  those  resolutions 
should  be  presented  to  Congress.  The  resolutions  were  sent  to 
me  by  them,  and  I  presume,  sir,  that  it  was  designed  that  all  of 
them  should  be  presented.  I  believe  thty;  a  copy  of  them  were 
sent  to  my  colleague.  Supposing  it  to  be  the  expectation  of  the 
Legislature  that  these  resolutions  should  be  presented,  I  thought  it 
my  duty  to  present  them.  If,  however,  that  procedure  be  contra- 
ry to  the  usuiil  practice  of  the  Senate  in  presenting  resolutions 
unless  there  be  an  express  request  that  they  should  be  presented 
I  have  certainly  no  wish  to  press  them.  I  have  supposed  that  in 
the  course  which  I  have  taken,  there  is  nothing  in  contravention 
of  established  order.  I  am  not  aware  that  resolutions  have  been 
excluded  on  account  of  the  absence  of  a  special  request  that  they 
should  be  presented.  Resolutions,  for  instance,  approving  of  the 
votes  of  Senators  and  Representatives,  or  instructing  Senators  and 
Representatives  to  pursue  a  certain  course  in  rejjard  to  the  dis- 
charijc  of  their  duties,  have  been  frequently  presented  to  Congress, 
although  thev  contained  no  special  request  that  thev  should  be  laid 
before  either  House  ol  Congress.  These  resolutions  on  general 
subjects  mitiht ,  1  .supposed,  be  presented.  I  shall  be  guided  entirely, 
however,  by  the  opinion  of  older  members  of  the  Senate,  and  if  it 
be  thought  that  these  resolutions  should  not  constitute  a  precedent, 
I  shall  withdraw  them. 

The  motion  to  reconsider  the  motion,  by  which  the  resolutions 
referred  to  were  laid  upon  the  table,  was  then  put  and  adopted. 

The  question  recurring  on  the  resolution  to  print, 

Mr.  ATHERTON  rose  and  said:  I  will  withdraw  the  resolu- 
tions for  the  present,  for  the  purpose  of  examining  the  subject,  and 
on  more  mature  consideration  will  determine  whether  they  ought 
to  he  presented  or  not.  , 

JOHN  R.  BRYAN,  .ID.MINISTB ATOR  ,  ETC. 

Agreeably  to  notice,  Mr.  MANGUM  asked,  and  obtained  leave, 
to  brinir  in  a  bill  for  the  relief  of  John  R.  Brvan.  Administrator  of 
Isaac  Garrctsoii,  deceased,  late  a  Purser  in  the  United  States 
Na\y;  which  was  read  the  first  and  second  times  by  unanimons 
consent,  and  referred  to  the  Committee  on  Naval  Affairs. 

CORRECTION  OF  ERRORS  IN  SURVEYS. 

Agreeably  to  notice,  Mr.  FELCH  asked,  and  obtained  leave, 
to  bring  in  a  joint  resolution  relating  to  erroi  s  and  defective  re- 
turns in  certain  surveys,  plats,  nnd  field  notes;  which  was  read  the 
tirst  and  second  times  by  unanimous  consent,  and  referred  to  the 
Committee  on  Public  Lands, 

CO.MPENSATION  TO  JOHN    IVI.    MOORE. 

Agreeably  to  notice,  Mr.  BREESE  asked,  and  obtained  leave, 
to  bring  in  a  bill  to  compensate  John  M,  Moore;  which  was  read 
the  first  and  second  times  by  unanimous  consent,  and  referred  to 
the  Committee  on  Public  Lands. 

INDIAN  RESERVATIONS. 

Agreeably  to  notice,  Mr,  BREESE  asked,  and  obtained  leave, 
to  bring  in  a  bill  authorizing  persons  to  whom  reservations  of  land 
have  been  made  under  certain  Indian  treaties  to  alienate  the  same 
in  fee;  which  was  read  the  first  and  second  times  by  unanimous 
consent,  and  referred  to  the  Committee  on  Indian  Affairs. 

UNITED    STATES    COURTS    IN    VIRGINIA. 

Agreeably  to  notice,  Mr.  MASON  asked  and  obtained  leave  to 
liriniT  in  a  bill  to  change  the  time  of  holding  the  district  courts  of 
the  United  States  for  the  western  district  of  Virginia,  and  for  other 
purposes;  which  was  read  the  first  and  second  times,  by  unani- 
mous consent,  and  referred  to  the  Committee  on  the  Judiciary, 

RIRHT   OF   WAT  TO   ILLINOIS. 

Agreeably  to  notice,  Mr.  BREESE  a.sked  and  obtained  leave  to 
bring  in  a  bill  to  grant  to  the  State  of  Illinois  a  richt  of  way 
through  the  public  lands,  and  for  other  purposes;  which  was  read 
the  first  and  second  limes,  by  unanimoiLS  consent,  and  referred  to 
the  Committee  on  Public  Lands. 

nOUNTY    LAND    CLAIMS. 

Agreeably  to  notice,  Mr.  UNDERWOOD  asked  and  obtained 
leave  to  bring  in  a  bill  to  allow  further  time  lor  satisfying  clauiis 
for  bounty  lands  for  military  services  in  the  late  war  with  Great 
Britain,  and  for  other  purposes;  which  was  read  the  first  and  sec- 
ond times,  by  unanimous  consent,  and  referred  lo  the  Committee 
on  Public  Lands, 

GRANT    OF    LAND    TO    LOUlSlA.NA. 

Agreeably  to  notice,  Mr.  JOHNSON  of  La.,  asked  and  ob- 
tained leave  to  bring  in  a  bill  to  grant  to  the  State  of  Louisiana 
certain  lands  for  internal  improvement;  which  was  read  the  first 
and  second  times,  by  unanimous  consent,  and  referred  to  the  Com- 
mittee on  Public  Lands. 

OVERFLOWED    LANDS. 

Mr.  ASHLEY  submitted  the  following  resolution,  which  was 
considered  by  unanimou*  consent,  and  agreed  to  : 


30 


MR.  CALHOUN'S  RESOLUTIONS. 


[Monday, 


littotrtd.  That  llie  Secretary  ofllif  TreMurjlie  dirpi'lFil  to  infonn  the  Sinatf  of  llic 
rea-oni  w)iifh  have  prex-ented  liU  coiiiphance  with  a  rc-M>liilioo  ntloptetl  by  Ihf  S«-iiale 
the  1  llh  February,  It^ti,  at  tlie  first  session  of  the  ^"Jth  Congress,  in  tiie  following 
wonl«,  to  wit ;  • 

Rtgnlred,  That  the  Secretary  of  the  Trea'.ur^-  hi-  Uiax-l4-<l  to  can-ie  to  he  maile  an 
examination  of  the  pnhlie  Inndf.  Hubject  to  overtlow  in  the  Htatc  of  Aik.-Lii.^n-s.  hy  the 
Misii^*ii»lii.  .\rkan»as,  ^V'hite,  Black.  Rc<l.  anil  St.  Frnnctj  rivere  in  siiiil  State:  the 
the  qnantily  overflowed  bv  the  .Mi»si*:sipf>i  and  Arkanss'^  rivers,  lyin;;  iMftween  and 
iaeluded  within  the  bounifarii-^  tbrniol  by  tho>e  risers,  the  I.ttui>iana  line  and  (he 
Hi^rhtands  we^twan!  of  the  landu  »o  overflowed;  and  that  he 'report  the  amonnt  n^■c■l•^ 
j»Rry  to  piotecl  those  land  from  oveidiiw,  lo^'elher  with  a  plan  fur  that  ohjeel.  at  ihe 
preteni  session  ofCoo^ref-. 

rRl.VTlNG    OF    MAP.'!. 

Mr.  BREESE  saiiJ  ; — A  few  days  a<ro,  a  report  wa.s  iiiaile  IVom 
the  ereiierHl  laml  office,  and  accompaiiyiiifr  that  report  were  maps 
wliich  it  is  necessarv  to  have  engraved.  Upon  examinatioji,  I 
have  aseertained  thiil  the  expeii-'^e  of  cnjiraviii!;  will  not  exieed 
$400.  I  therefore  move  that  the  Senate  oiiler  the  necessaiy  nuiii-  • 
berof  those  maps  to  he  printed. 

Mr.  WESTCOTT  remarked  that  there  was  a  map  of  tin-  .Stale 
of  Florida  ai-eoinpanyins  '!'•"  report  alicady  enjrraved,  the  priiit- 
iiifl  of  whieh  would  oeeasion  very  little  expense.  He  incpiired  il 
that  map  was  erubraced  in  the  Senator's  iiiolioii. 

Mr.  BREE.SE  replied  that  it  was. 
The  motion  was  aj^rced  to. 

THK    tO.\<itIKST    OF    MF.XICO. 

Mr.  C.\LHOUN.— I  hope  that  the  resohiiioiis  whieh  I  ofterred 
the  other  day  mav  no\\'  he  taken  up,  in  order  to  Hx  u  day  for  their 
consideration. 

The  resolutions  wei'C  then  taken  up  and  read,  as  follows: 

Resolved,  That  to  conijuer  Mexieu  anil  lo  huM  it.  eillier  a^  a  province oi  to  iiicoipn- 
rate  il  in  Ilie  Union,  would  he  inconsistent  with  the  avowed  iihiect  for  winch  the  war 
ha.s  been  prosecuted:  a  depart  ore  from  the  settled  policy  of  the  j;oveiiiiiieiil;  in  conflict 
witti  its  character  and  genius:  and  in  the  end,  subveissive  of  our  free  and  popular  iiisti 
tntions. 

Rcnotved,  That  no iineofpiilicy,  in  the  further  pnisectition  of  the  war,  should  he 
adojitetl,  which  may  lead  to  conseijuenccsso  disastrous. 

Mr.  CALHOUN.— I  shall  be  regulated,  in  fixino;  the  day,  hy 
the  wishes  of  the  Senate.  I  have  no  partieular  desire  in  ix-i,'ard  to 
a  very  early  eonsideration  of  the  resolutions.  All  I  wish  is  that 
there  should  he  no  unnceessary  delay.  If  it  be  agreeable  to  the 
Senate,  I  propose  that  they  be  taken  tip  on  the  lirst  Tuesday  in 
Jannary  next — two  weeks  from  tu-morrow. 

Mr.  ALLEN.— I  understand  that  the  Senator  from  South  Car- 
olina has  made  a  motion,  and  I  suppose  I  am  in  order  in  rising  to' 
make  a  remark.  J  do  not  know  that  I  have  any  partieular  iilijee. 
tion  to  that  motion;  but  as  this  is  a  matter  of  very  grave  impor- 
tance, and  eomes  from  a  source  whieh  entitles  it  lo  great  conside- 
ration, and  is  on  the  face  of  the  resolution,  as  I  conceive,  a  little 
ambiguous,  I  ask  the  iiiiliilgeiire  of  tlic  Sen:ite,  and  the  Senator 
from  South  C:irolina,  whilst  1  request  hitn  to  explain  the  resolu- 
tion, so  far  lo  tell  us  whether  it  means  to  exclude  the  idea  of  any 
territorial  indemnity  fiom  Mexico,  or  any  incorporation  into  the 
body  of  the  public  domain  first,  and  then  its  states  into  this  Union 
of  any  territory  which  we  may  acquire  at  the  conclusion  of  this 
w.ir?  Or,  whether  it  means  barely  to  negative  the  idea  of  a'uiih'. 
lating  the  sovereignty  of  Mexico,  and  incorporating  the  whole  mass 
of  territory  into  this  Union?  I  ask  whether  it  is  to  be  understood 
in  the  one  or  the  other  of  these  sen.ses.  That  is  the  matter  .sir 
which  I  am  desirous  of  knowing  before  I  vote  in  anywise  in  refe- 
rence to  it, 

Mr.  CALHOUN.— I  will  answer  the  Senator  from  Ohio  with  a 
great  deal  of  pleasure.     It  is  not  my  intention  lo  involve  any  ques- 
tion in  reference  to  territorial  indeiu'niiy  ur  any  other  subject  apart 
from  that  which  is  presented  in  the  resolution  itself.     I  believe  the 
pressing  question    at  this   moment   is,  whether   we  shall   coiiquer 
Mexico  and  liold  her  us  a  subiccted  province,  or   incorporate  her 
into  our  Union.     That,  of  course,  would   involve  the  nationalitv  of 
Mexico,  and  it  was  to  that  point  my  resolution  referred,     I  think 
sir,  it  is  a  question  which  ought  to  be   lirst  decided;  because    Mr' 
President,  if  I  am  any  judge   at  all  of  the   operation  of  exi'siin.; 
cau.ses,  the  certain  tendency  of  all  that  is  doing  is  to  end  in  the -11^ 
mhilation   of  the   nationulily   of  Mexico,  and '  we   shall   thus   lind 
ourselves — unless  the  greatest   caution  is  exercised— at  the  end  of 
another  campaign,  or  at  some  htture  time,  with  ei.rht  or  nine  mil 
lions  of  Mexicans,  without  a  government,  on  our  hands,  not  know- 
mg  what  to  do  with  them,  and  forced  to  one  or  the  other  of  ihe-il 
tcrnalives  which  I  have  presented.     This  is  a  tpiestion  which  1  eon 
sider  as  overriding  all  others  at  this  time.     After  that  is   decided 
we  may  then   consider   what  course,  in  accordance  with   thit   de 
cision,  it  may  be  wise  to  pursue.     I,  f,„-  one,  wish  to  guide  mv  own 
course,  and  I  ollercd  the  resolution  for  the  double  purpose  of  briii"- 
ing  it  before  this  body  and  before  the  country,  and  puttintr  myself 
in  reference  to  this  Mexican  question,  where  I  wish  to  stand. 

Mr.  DICKINSON.- 1  believe  my  lesohnions  have  preeedenec 
on  the  calendar,  and  were  passed  over  informallv— aie  they  in- 
eluded  in  ihc  inrttioii  now  before  the  Senate? 

The  l'RE.SIDING  OrriCER.-They  are  not  cmbiaccJ  in  it. 
Mr,  CALHOUN,— I  perceive  that  one  of  the  morning  papers 


supposes  that  my  resolutions  were  introduced  with  reference  to 
those  oirered  by  the  Senator  from  New  York.  Not  at  all.  My 
resolutions  were  written  several  days  before  his  were  introduced. 
The  Senator  may  (ix  any  day  he  pleases  for  the  considcj-ation  of 
his  resolutions,  either  before  or  after  the  day  fixed  upon  for  the 
eonsideration  of  mine. 

Mr.  ALLEN. — The  subject  of  the  Mexican  war  is  one  capable 
of  being  expanded  very  largely  in  the  minds  of  men;  and  IVom  the 
importance  with  which  it  seems  to  be  put  forth  at  this  early  period 
of  the  session,  it  is  more  than  likely  that  it  will  embrace  a  large 
portion  of  the  .session  in  its  discussion,  giving  rise  to  a  very  lorwe 
divcisity  of  sentiment  in  the  meinbers  of  this  body.  It  may,  there- 
fore, be  a  matter  well  worthy  of  the  consideration  of  the  Senate 
whether  a  subject  comprehending  so  many  remote  consequences, 
.  as  arc  suggested  by  the  Senator Trora  South  Carolina,  and  a  sub- 
ject whieh,  at  all  events,  is  in  the  judgment  of  every  man  of  very 
great  importance,  should  not  be  considered  with  that  deliberation 
which  the  Senate  always  bestows  on  grave  national  questions;  and 
therefore,  whether  it  should  not,  in  the  first  place,  pass  to  one  of 
the  committees  organized  by  this  body  for  the  due  consideration  of 
propositiiins  before""they  are  submittecl  to  the  final  adjudication  of 
the  body  ii.self.  Several  resolutions  have  already  been  presented, 
and  who  shall  guarantee  the  Senate  against  Ihe  incoming  of  a 
dozen  others  of  a  similar  character?  Who  shall  say  whore  this 
subject  shall  end,  when  it  becomes  divided  up  and  adjusted  to  the 
ditlercnt  capacities  and  judgments  of  this  bodv?  This  is  but  Ihe 
lieginning  of  tli"  session,  and  wc  have  two  set .s  of  resolutions.  Be- 
fore the  day  arrives  for  the  action  of  the  Senate  upon  this  particu- 
lar matter,  we  may  have  a  dozen  other  resolutions;  and  I  submit 
it  to  the  better  judfrmeut  of  the  body  whether  it  is  not  the  proper 
course,  under  tiiese  cireumslanees,  lo  refer  the  whole  of  these  res- 
olutions, ill  the  first  place,  to  the  Committee  ou  Foreign  Relations. 
If  it  bo  in  order;  I  .shall  make  that  motion. 

Mr.  CALHOUN.— I  do  trust  that  the  course  suggested  by  iho 
Senator  will  not  be  pursued.  AVhat  is  the  object  of  the  reference  '. 
Reference  is  made  to  Committees  for  tlie  pur|iose  of  considering 
aud  perfecting  details  ;  but  here  there  are  no  details  lo  settle.  In 
fact,  it  is  a  simple  proposition.  The  Senate  have  only  to  deter- 
mine whether  it  is  intended  or  desired  that  the  whole'of  Mexico 
shall  be  conquered-— her  nationality  destroyed— and  that  we  shall 
be  placed  in  a  position  in  which  we  shall  be  compelled  either  to 
hold  her  as  a  suiijected  province,  or  incorporate  her  into  our 
Union.  We  have  carrietl  this  business  of  reference  far  beyond  the 
parliamentary  rules,  and  have  encroached,  in  my  opinio'n,  in  no 
small  degree  on  the  rights  of  individual  Senators  here.  As  to  the 
number  of  resolutions  that  may  be  offercil,  I  have  no  reason  to  be- 
beve  that  there  will  be  many.  Only  two  have  been  introduced, 
and  they  upon  entirely  diflisreiit  .subjects.  One  I  understand  refers 
lo  the  slave  question — mainly,  at  least — and  the  other  to  a  ques- 
tion entirely  aside  from  that.  Sir,  I  do  noi  believe  that  there  will 
be  along  discussion.  Unless  I  am  very  greatly  deceived,  1  here 
will  be  no  great  division — at  least  there  is'iiot  at  present  a  great 
division  in  ihe  country  on  this  point,  and  I  trust  there  will  not  be  in 
this  body.  The  end  I  wish  lo  guard  ajrainsl,  is  one  which  heretofore 
has  not  been  been  contemplated.  I  do  not  know  that  it  is  intend- 
ed. I  trust  that  it  is  not  intended.  But  we  may  find  ourselves  in 
a  position  not  intended,  and  from  which  we  cannot  extricate  our- 
selves. My  object  in  introducing  the  resolutions,  is  to  guard 
against  such  a  result.  I  trust  they  will  have  that  eflect,  and  that 
the  Senate  will  not  agree  to  refer  them  to  the  Committee  on  Fo. 
reign  Relations. 

Mr.  ALLEN. — I  certainly  did  not  desire  to  deprive  any  Senator 

of  any  of  his  just  rights  in  this  liody,  nor  of  any  opportunity  for 
the  exercise  of  those  rights  ;  but  I  believe  it  would  be  difficult  to 
find,  on  referrence  to  the  journal,  an  iiistaiiec  of  any  one  question 
being  introducol  in  the  form  of  a  resolution,  of  such'grave  import- 
ance as  this,  wliich  was  not  referred  to  one  of  the  committees  of 
this  body.  It  would  be  very  difficult  to  find  an  exception  to  the 
general  rule — very  difficult.  This  is  a  quesliou  aH'eeting  our  fo- 
reign relations — clearly  and  em])batically  so.  It  is  not  so  merely 
in  its  meaning  and  eflTect,  but  it  is  so  on  the  face  of  the  resolution, 
and  in  so  many  words.  Well,  sir,  it  will  not  limit  the  range  of 
discussion  to  send  it  in  the  lirst  place  to  the  committee,  if  will 
abridge  the  rights  of  no  man — neither  of  the  mover  of  the  resolu- 
tion, nor  of  any  other  gentlem.an  on  this  floor.  The  only  effect  it 
will  have,  will  be  that  which,  by  the  standing  rules  of  this  body,  is 
designed — ihe  eirect  of  subjecting  tliejiroposiliou  to  lull  scrutiny  ; 
first,  the  scrutiny  of  the  committee,  wlio.se  especial  business  it  is 
made  by  the  Senate  to  examine  it  ;  aud  secondly,  the  scrutiny  of 
the  Senate  itself,  revising  the  judgment  of  its  committee.  It  is 
only  a  prccaulion  taken  to  guard  against  precipilatc  and  hasty 
iMinclusiuns.  It  is  a  .sort  of  second  trial  which  is  granted  in  favor 
ol  all  questions  whose  magnitude  entitles  them  lo  that  considera- 
tion— that  second  review  of  the  human  understanding.  It  is  upon 
that  ground,  sir,  that  the  rules  by  which  all  our  business  is  first 
submitted  lo  committees  are  predicated.  If  we  were  at  the  end 
ol  the  session,  or  near  the  cud,  when  a  referrence  of  this  subject 
lo  a  committee  \yould  be  to  entomb  it  for  the  balance  of  the  ses- 
sion, then  Ihe  objection  coming  fiom  the  Senator  from  South  Ca- 
rolina would  be  an  available  one,  because  he  would  have  a  right 
to  obtain  the  adjudication  of  the  Senate  upon  his  resolution.  But  we 
are  at  the  eominenceinent  of  the  session ,  we  are  on  I  his  side  of  the  ho. 
Iidays — we  are  in  anticipation  of  our  usual  custom  in  the  transaction 


December  20. 


MR.  CALHOUN'S  RESOLUTIONS. 


31 


of  the  heavier  part  nf  the  public  business,  which  is  not  taken  up 
till  after  the  holidays.  There  is,  therefore,  abundance  of  time. 
Sir.  this  resolution  is  no  trifling  affair.  It  presents  a  grave  ques- 
tion, and  in  answer  to  the  inquiry  which  I  addressed  to  the  Sena- 
tor i'rom  South  Caralina,  he  seems  to  consider — if  I  ri<!htly  inter- 
preted his  ex|)lanalion — -that  there  is  no  difference  between  terri- 
torial indemnity  and  the  conquest  and  retention  of  the  whole  of 
Mexico — that  the  consequences,  though  not  immediate,  would  be 
in  their  result  precisely  the  same.  Tliat  is  the  readin;;  of  the  ex- 
planation as  I  understand  it.  Well,  sir,  whal  can  be  a  j^raver 
question  than  that  ?  Cjn  thejnnnan  imagination  draw  up  for  re- 
view a  question  graver,  more  solemn,  more  cilculated  to  affect 
and  agitate  the  public  heart  of  Ihis  great  country  than  such  a 
question  as  this — presented  too  at  time  when  our  armies  are  occu- 
pying the  territories  of  that  nation  ?  I  am  one  who  does  not  be- 
lieve that  to  take  territorial  indemnity  is  to  take  the  whole  of 
Mexico.  I  am  one  who  does  not  believe  th.at  the.se  two  questions 
are  the  same,  either  in  point  of  fact  or  of  remote  effect.  The 
Senator  from  South  Carolina,  who  has  more  reason  to  be  .satisfied 
with  his  own  judgment  than  I  have  to  be  satisfied  with  mine, 
thinks  differently.  Well,  sir,  his  thoughts  are  entitled  to  ennsider- 
.-.tion.  Thev  are  matured  thoughts.  They  will  receive  the  con- 
sideration of  the  country.  They  will  have  their  effect  upon  the 
public  mind  of  a  large  portion  of  tliis  people;  and  it  is  for  that 
reason  that  I  desire  all  his  thoughts  should  assume  a  shape  not  to 
be  mistaken.  When  I  am  told  that  to  obtain  from  Mexico  terri- 
torial indemnity  to  any  extent,  is  ccjuivalent  in  its  remote  conse- 
quences to  an  utter  annihilation  of  the  sovereignty  of  Mexico,  and 
Iho  incorporalion  of  its  entire  mass  of  territory  within  tliis  Union, 
with  its  ten  millions  of  population,  I  desire  time  to  inquire  whether, 
why,  and  wherefore,  the.se  propositions  are  the  same — whether 
these  remote  and  comprehensive  effects  are  to  follow  from  all 
acquisition  of  a  portion  of  Mexico,  as  an  indemnity  to  this 
government,  lor  the  wrongs  which  it  has  sustained  at  the 
hands  of  Mexico.  I  desire  that  the  committee  to  whcmi 
this  subject  should  be  referred,  should  have  an  opportunity  of  in- 
vestigating that  question,  and  ascertaining  whether  these  two  pro- 
positions are  identical  or  not;  because  it  is  very  nmnifest  that  the 
identity  of  these  two  propositions  will  make  a  very  material  diller- 
enee  in  the  estimation  which  the  American  people  shall  put  upon 
them.  I  do  not  think  that  they  are  identical,  sir,  by  any  means. 
The  subject  then  being  one  of  such  obvious  and  acknowledged  im- 
portance— so  much  time  being  before  u.s — so  few  inconveniences 
being  at  all  likely  to  result  from  the  reference  to  a  committee,  I 
cannot,  sir,  for  mv  life,  discover  any  grave  reason  why  the  refer- 
ence should  not  t.ili,o  place.  But  I  sii.all  not  only  acquiesce,  as  I 
am  bound  to  do,  in  the  judu;mcnt  of  the  Senate;  but  I  shall  ac(iui- 
esce  in  that  judgment,  whatever  it  may  be,  without  the  least  feel- 
mg  of  disappointment.  And  I  assure  the  Senator  from  South  Car- 
olina, that  it  is  in  no  spuit  of  cavilling — from  no  disposition  to  dis- 
agree with  him  unnecessarily,  or  get  up  discussion,  that  I  make 
this  suggestion.  I  act  simply  upon  the  same  principle  upon  which 
the  Senate  itself  acted  when  it  established  those  rules  under  which 
its  business  is  submitted  to  the  various  committees. 

Mr.  CALHOUN. — I  rise  principally  to  correct  an  error  into 
which  the  Senator  from  Ohio  has  fallen,  doubtless  from  having  mis- 
understood my  remarks,  I  by  no  means  said  that  I  considered  the 
annihilation  of  the  nationality  of  Mexico,  and  the  acquisition  of  a 
portion  of  her  territory  as  identical;  on  the  contrary,  I  said  express- 
ly that  I  did  not  understand  the  resolution  as  invtdving  the  (jueslion 
of  territory  at  all.  I  agree  with  him  that  \vc  mpy  take  a  part — ■ 
very  large  parts  of  Mexico  without  touching  her  nationality.  My 
object  is  very  different;  and  to  satisfy  the  Senator,  I  will  tell  him 
that  I  have  changed  not  a  single  opinion ,  which  I  have  ever  expressed , 
in  relation  to  this  Mexican  war.  I  hope  that  this  will  satisfy  him. 
Now,  sir,  if  I  understand  the  drift  of  the  Senator's  remarks,  and 
of  his  motion,  it  is  Ibis — that  he  wishes  these  resolutions  of  mine 
to  go  the  Committee  of  Foreign  Relations  in  order  that  they  may 
make  a  report  upon  them  before  I  myself  have  an  opportunity  of 
being  heard  upon  them.  I  ask,  is  that  fair  ?  I  introduced  a  gene- 
ral subject  here,  and  the  Senator  proposes  to  take  it  out  of  my 
iiands  before  I  am  heard — sending  it  to  the  Committee  on  ForeigJi 
Relalions.  where  it  is  to  be  discussed  and  reported  on  in  advance 
of  my  own  explanation  of  it.  Is  there  any  precedent  to  be  found 
in  this  or  any  other  parliamentary  body  for  a  procedure  of  that 
kind  S  As  be  believes,  there  is  no  instance  of  such  resolutions  be- 
in"  introduced  and  not  referred  to  a  Committee  before  discussion. 
I  3o  not  know  an  instance  in  which  any  such  reference  has  been 
made.  I  myself  at  the  last  session  ihtrodnced  important  resolu- 
tions on  the  subject  of  slavery.  They  were  discussed  here  and 
and  every  where, 

Mr.  ALLEN. — [In  his  seat.] — There  is  no  Committee  of  the 
Senate  on  Slavery. 

Mr.  CALHOUN. — You  have  a  Committee  on  Territories,  and 
that  involved  a  territorial  question.  Vou  may  raise  a  special  com- 
mittee. There  is  no  difference,  in  that  view,  between  a  special 
and  regular  committee.  The  whole  drift  of  his  motion — on  which 
I  shall  say  no  more — is  to  take  my  own  resolutions  out  of  my  own 
hand,  so  that  the  committee  may  inake  the  first  speech  on  them, 
to  which  I  will  be  called  npon  to  reply,  instead  of  explaining  my 
own  resolutions.     I  submit  whether  that  be  fair. 

Mr.  SEVIER. — I  hope  my  friend  from  Ohio  will  withdraw  his 
motion.    I  will  only  say,  as  one  member  of  the  Committee  on 


Foreign  Relations,  that  I  have  made  up  no  opinion  with  resSrd  to 
the  resolutions  of  the  honorable  Senator  from  South  Caroliiia. 

Mr.  ALLEN. — Certainly,  I  have  no  disposition  to  force,  even  if 
I  had  the  power,  such  a  motion,  if  the  committee  are  averse  to  the 
reference  ;  and  therefore,  at  the  request  of  the  honorable  chairman 
of  the  committee,  I  beg  to  withdraw  the  motion  I  have  made. 
Allow  me.  sir,  however,  to  lake  this  occasion  to  remark,  that  I  am 
gratified  with  the  explanation  which  the  Senator  from  South  Caro- 
lina has  made,  and  in  relation  to  which  he  conceives  that  I  was 
mistaken  in  supposing  that  he  meant  that  the  taking  any  territo- 
rial indemnity  was  identical  with  the  annihilation  of  Mexico.  I 
did  certainly  understand  him  to  say  that  that  was  to  be  the  ulterior  " 
consequence  ;  and  it  was  the  identitv  of  consequences  that  he  had 
reference  to,  au'l  not  the  identity  of  the  particular  measures,  at  the 
moment.  It  was  my  purpose  to  negative  the  idea  that  the  same 
consequences  would  fiow,  however  remotely  ;  that  is  to  say,  that 
the  taking  of  territorial  iiulemnity  involved  an  ulterior  necessity  of 
annihilating  Mexico  altogether.  But  if  that  be  not  the  view  of  the 
Senator,  I  am  glad  to  hear  it,  because  I  presumed,  on  the  fir.st 
form  of  I  he  pro|iosition,  there  would  be  few  opininions  antagonistic 
to  his,  and  I  hope  upon  the  second — that  is  as  to  territorial  .ndem- 
nity— I  shall  find  the  Senator  aiding  those  who  go  for  indemnifying 
the  country  for  its  losses,  in  the  way  of  lands. 

The  resolutions  were  then  postponed  until  Tuesday,  the  4th  day 
of  January  next,  and  made  the  special  order  of  that  day, 

ANNEX.^riON    OF    TERRITOBV. 

The  Senate  proceeded  to  consider  the  lollowing  resolutions, 
heretofore  submitted  by  Mr.  DICKINSON: 

Ucfo.'red,  That  true  poiii:v  requites  the  goveuimeiit  of  the  United  .State*  to  ^treiij^tlr 
eii  itv  jio!iti<Til  and  Liiiniiiereial  relations  upon  this  tontiiu-m,  iiy  tlieaiinexalion  of  :,urh 
eonti^juon-;  territory  :i<  niav  eonduee  to  that  end,  and  may  Ire  jiis'.ly  obtained  ;  and  that 
neither  in  sueli  aeqai»ition  nor  in  the  terrltunal  orfjanizatioii  thereof,  can  a4iy  cnndi 
lions  he  eoiistitntionaliy  iinpO-sed.  or  institutions  he  provided  for,  or  eAtahlished,  ineon 
sistcnt  Willi  lite  ri:;ht  of  tite  pi'ojile  thereof  to  form  a  free  soverei^^ti  Slate,  with  the 
powers  and  privileges  of  the  original  memhers  of  Ute  eonfederaey. 

Jic:inh-cil,  That  in  organizing  a  territorial  government  for  territory  belonging  to  t!;e 
T  'nitetl  Stales,  the  prineiitles  of  self  ^'overiiment.  upon  witieh  onr  federative  .system  resis 
will  he  iiest  (tromoled — the  true  spirit  and  meaning  of  the  Constitution  he  observed, 
and  the  i:oiifeilera'y  strengthened,  by  leaving  all  que.slion3  coneeriiing  the  domestic 
poliey  Ihcipiti  to  the  legidalnte  eIto,eii  hy  the  |itopIe  thereof. 

Mr.  DICKINSON  then  rose  and  moved  that  the  resolutions  of- 
fered by  him  be  made  the  special  order  for  two  weeks  from  to-day 
at  one  o'clock. 

Mr,  BERRIEN. — I  beg  to  ask  the  Senator  from  New  York  if 
it  is  his  purpo.se  to  anticipate  a  discussion  on  the  resolutions  of  the 
Senator  from  South  Carolina? 

Mr.  DICKINSON.— I  do  not  fully  hear  the  Senator. 

Mr.  BERRIEN, — Is  it  the  purpose  of  the  Senator  from  New 
York  in  the  motion  just  submitted  to  anticipate  the  discussion  on 
the  resolutions  of  the  Senator  from  South  Carolina? 

Mr.  DICKINSON. — I  do  not  know  how  the  discussion  of  the 
resolutions  offered  by  tin*  honorable  Senator  from  South  Carolina 
can  be  anticipated  in  the  consideration  of  what  he  himself  consid- 
ered an  independent  proposition. 

Mr.  SEVIER. — I  hope,  Mr.  President,  that  before  we  get  into 
this  sea  ol  discussion  we  may  dispose  of  some  jiublic  measures 
which  now  press  upon  our  consideration.  I  would  suggest  that  as 
the  resolutions  offered  by  the  Senators  from  South  Carolina  and 
New  York  are  antagonistical  to  a  very  great  extent,  they  may 
with  propriety  be  considered  together.  I  hope,  therefore,  that  the 
Senator  Irom  New  York  will  allow  his  to  be  f:onsidered  with  the 
others.  In  the  meantime  I  hojte  that  we  may  be  able  to  dispose 
of  the  bill  for  recruiting  Ihe  ranks  of  the  army,  and  also  of  the 
measures  necessary  to  provide  the  means  of  feeding  and  clothing 
the  soldiers  engaged  in  fiohting  the  battles  of  their  country  in 
Mexico. 

Mr.  DICKINiS'ON  begged  to  insist  on  his  motion. 

Mr.  CALHOUN  hoped  that  the  Senator  would  fix  an  earlier 
day  for  the  consideration  of  these  resolutions  than  that  fixed  for 
tho.se  which  he  (Mr.  C.)  had  offered. 

'  Mr.  DICKINSON  was  desirous  only  of  an  opportunity  of  ex- 
plaining his  resolutions  before  the  entrance  of  any  other  subject, 
which,  by  giving  rise  to  discussion,  might  prevent  him  from  doing 
so. 

Mr:  CALHOUN  suggested  that  the  Senator  could  have  the  op- 
portunity which  he  sought  on  the  morning  of  the  day  after  that 
ii.xed  for  the  consideration  of  bis  (Mr.  C's)  resolutions. 

Mr.  DICKINSON. — I  am  not  so  sure  of  that;  and  I  prefer  that 
my  resolutions  retain  the  priority  to  which  they  are  entitled  in  the 
order  in  which  they  were  ofterccf.  I  may  not  trespass  long  on  the 
attention  of  the  Senate  in  addressing  it  on  the  resolutions,  but 
what  little  I  have  to  say,  I  desire  to  oflf-r  before  discussion  arises 
on  other  subjects. 

Mr.  CALHOUN. — I  must  make  a  remark  here.  The  Senate 
has  already  fixed  a  day  for   the  consideration  of  my  resolutions; 


32 


MR.  CALHOUN'S  RESOLUTIONS. 


[Monday, 


and  tho  Senator  now  proposes  the  day  immediately  preceding  for 
the  consideration  of  his— thus  anticipating  mine.  That  his  reso- 
tions  shall  pass  without  discussion,  is  imjjossible.  There  will  be, 
as  i  take  it,  great  diversity  of  opinion  on  the  subject,  at  least  as 
tho  resolution  now  stands.  It  may  load  to  a  lon>:  discussion,  ^ow 
I  do  not  think  that  it  would  be  treatini:  my  rcsoluiions  fairly,  Jl, 
after  having  fixed  a  day  for  ihcir  consideration,  the  day  immedi- 
ately preceding  should  Lo  set  apart  for  the  consideration  ol  ollicis 
which  must  give  rise  to  discussion,  in  consenuenco  ol  winch  nunc 
mav  bo  cut  off.  If  the  .Senator  wishes  to  be  heard,  he  can  be  heani 
on  any  intermediate  day,  or  on  tho  morning  immediately  after  the 
day  set  apart  for  the  consideration  of  my  resolutions. 

Mr.  DICKINSON.— I  do  not  intend  to  supersede  the  Senator 
m  any  other  sense  than  I  indicate.  I  was  without  tlie  bar  when  I 
learned  that  the  .Senator's  resolution  was  under  consideration,  and 
I  ini|uired  whether  the  motion  made  by  the  honorable  Senator  in- 
cluded the  resolutions  which  I  had  the  honor  lo  submit.  J  he  reply 
was  that  they  had  been  passed  over  informally,  and  were  not  em- 
braced in  tho  motion  of  tlip  Senator.  It  was  then  remarked  by 
the  Senator  that  tho  propositions  were  independent,  and  that  mine 
could  be  set  down  for  an  earlier  or  later  '.day.  I  therelore.  in 
arcordanee  with  his  suggestion,  moved  an  earlier  day,  which  was, 
I  think,  treating  his  resolutions  with  fairness  and  courlesyj  whilst, 
according  to  his  own  rule,  mine  were  treated  rather  unfairly,  for 
I  postponed  their  consideration  till  after  the  holidays,  in  order  to 
meet  the  convenience  of  the  Senate.  I  am  willing  that  they  should 
be  set  down  for  an  earlier  day;  but  the  holidays  are  approaching, 
and  I  desire  an   opjiortunitv    to  explain    the    resolutions,  before  1 


Jesire  an   oppc 


exiiUiin    I 
'r   discussii 


shall  be  superseded'  by  any  other  discussion.  I  do  nol  know  that 
any  other  Senators  wish  to  speak  on  the  resolutions.  If  they  do, 
the  further  consideration  of  tho  resolulions  can  be  postponed  till 
the  others  shall  have  been  discussed.  I  am  (|uite  willing  to  con- 
sent to  such  an  arrangement.  I  desire  only,  as  I  have  said,  an 
opportunity  to  stale  my  views  in  explanation  of  tho  resolutions 
bolore  the  'i|iicstioii  is  embarrassed  and  superseded  by  other  ques- 
tions supposed  in  the  public  niinil  to  have  a  similar  bearing.  At 
the  suggestion  of  tho  Senator  himself,  I  moved  that  the  considera. 
tion  of  my  resolutions  should  be  fixed  for  a  certain  day,  and  under 
that  impression  1  voted  for  making  his  the  order  for  Monday,  nol 
imagining  of  course  that  I  was  to  be  foreclosed  and  superseded. 

Mr.  CASS. — The  suggestion  of  the  Senator  from  Arkansas  is 
entitled  to  consider.atioii7  We  art  all  aware  that  the  President 
has  submitted  to  Congress  tho  necessity  of  additional  military 
forces,  and  the  Military  Committee  has  had  no  opportunity  to  ex- 
amine the  subject,  but  will  soon  meet  and  take  it  up.  I  hope, 
whatever  lime  may  be  fixed  for  the  consideration  uf  llicso  resolu- 
tions, it  may  be  distinctly  understood  that  they  are  not  to  stand  in 
the  way  of  public  business  of  a  more  pressing  nature,  demanding 
tho  immediate  attention  of  Congress.  I  do  trust  that  it  may  be 
distinctly  understood  before  an  order  is  made  on  this  subject,  that 
it  will  not  be  superseded  by  any  other  matters.  I  must  be  allowed 
to  say.  with  regard  to  the  resolution  of  tho  honorable  gentleman 
from  South  Carolina,  with  the  grciitest  deference  to  his  opinions, 
that  I  myself  do  not  see  its  practical  importance.  I  am  perfectly 
willing  to  hear  the  views  of  tho  Senator.  I  know  that  they 
will  be  intelligent,  striking,  and  that  they  will  go  to  the  public 
with  tho  great  weight  of  his  character;  but  I  must  say  that 
there  is  no  man  in  this  nation  in  favor  of  the  cxtinelion  of  the 
n  itionality  of  Mexico.  The  Executive  has  indicated  his  views, 
and  they  are  totally  inconsistent  with  tho  the  extinction  of  the 
nationality  of  Mexico.  With  respect  to  the  lesoiiition  I  have 
nothing  to  say.  But  I  must  remark  th;it  I  do  think  that  it 
lb  excecdinglv  unwise,  at  this  stage  of  the  prosecution  of  the 
war  in  either  branch  of  Congress  lo  s.ay  what  we  will  do, 
or  what  we  will  not  do.  We  may  bo  driven  from  Mexico  to  raor. 
row — it  is  not  a  very  likely  event. — -but  how  would  we  look  in  the 
eyes  of  ihe  world  in  that  case,  after  having  declared  that  we  did 
not  mean  to  seize  the  whole  of  Mexico.  If  the  resoultion  be  in- 
tended as  a  vcldcle  of  the  opinions  of  the  Senator  from  South  Ca- 
rolina, I  shall  hear  him  with  a  groat  deal  of  pleasure;  and  his 
views  will.  I  ddtibt  not,  have  great  weight  in  the  country;  but  I 
shall  oppose  any  vote  on  tho  subject,  as  that  would  be  in  my  Judg- 
ment unnecessary  and  impolitic. 

Mr.  CALHOUN, — I  should  be  very  glad  indeed  In  ihink  wiih  ihe 
honorable  gentleman  from  Michigln,  thai  there  is  iii>  person  in  th:; 
country  who  thinks  of  the  extinction  of  the  nalionalily  ol'  Mcxicc  . 
Why,  you  can  hardly  read  a  newspaper  without  linding  it  lillcd 
with  speculation  upon  this  snbjcct.  The  |irocec(liiigs  tliat  look 
place  in  Ohio,  at  a  dinner  given  to  one  ol  the  volunteer  o  licers  of 
tho  Army,  returned  from  Mexico,  show  conclusively  that  the  im- 
pression enterlained  by  the  persons  present,  was,  that  our  trioiis 
would  never  leave  Mexico,  iinlil  they  had  coiupicio.l  ihe  wIidIc 
<:oiinlrv.  This  was  the  senlinicnt  advanccil  bv  tlie  oliicer.  and  en- 
dorsed by  the  official  paper  i^f  that  slate  Biii  this  is  not  the  puii.t. 
The  ipicstion  is  not  now  whelhersueh  a  thing  is  conlcni|ilated.  1 
ottribulo  no  such  motive  to  any  one.  I  look  at  tho  progress  of 
events.  I  look  at  what  is  jiroposed  and  the  end  ol'  it — those  eonsc- 
■{Uunces  which  I  propose  to  aveit  by  (his  rcsoluluion  Sir,  let  any 
man  look  at  the  jirogress  of  this  war — let  him  <:oiisidev  how  we  "ol 
into  it,  not  expecting  to  gel  into  it  ut  all,  for  certainly  the  Kxeuiilive 
olticcrs  exjiressed,  in  the  strongest  miinner,  their,  conviclion  that 
thoro  was  not  the  slighlest  hazard  of  war  at  the  time  when  our 
troops  marched  to  tho  Bio  Grande.  What  nexl '  Alter  the  war  was 


commenced  we  were  told  that  the  government  was  to  conquer  a 
peace,  and  what  have  we  bten  told  since  ?  That  we  must  carry 
on  the  war  vigorously.  Where  is  this  to  end  ?  The  whole  pro- 
gress towards  the  accomplishment  uf  this  avowed  object  of  the 
President,  to  conquer  a  peace,  has  been  marked  by  an  earnest 
desire  eagerly  to  prosecute  the  war,  until  we  find  ourselves  where 
no  man  expected.  Sir,  instead  of  being  an  abstraction,  these  reso- 
lutions are  eminently  practical;  they  are  so  intended  lo  present  to 
Ihe  jicople  of  this  country  a  /jnu/c,  probably  not  now  anticipated, 
liiii  which  will  come  if  proper  ffrecautions  be  not  taken.  It  is 
while  the  public  mind  is  yet  sound,  and  while  the  Senate,  as  I  be-, 
licvc,  is  prepared  almost  unanimously  to  vote  against  such  an  end 
of  the  war,  that  I  wish  this  expression  of  opinion  to  be  made. 
Sir,  we  begin  now  tn  find  the  misfo'tune  of  entering  into  a  war 
without  a  declaration  of  war — without  a  declaration  setting  forth 
to  the  people  the  causes  of  the  war,  and  one  upon  which  they  may 
hold  the  government  responsible.  We  have  got  into  a  war  by  a 
recognition  of  war,  and  not  a  declaration,  and  hence  the  necessity 
for  this  resolution,  to  negative  a  result  which  we  do  not  eontem- 
jilate.  No,  sir,  it  is  as  practical  as  any  measure  that  can  be 
brought  forward — for,  until  the  question,  which  arises  upon  these 
resolutions  is  decided,  we  shall  be  at  a  luss  to  know  what  amount 
ol  supplies,  how  many  men,  and  how  much  money  to  grant.  If 
it  be  declared,  that  it  is  not  intended  to  contiuer  Mexico  so  as  to 
destroy  her  nationality — this  will  throw  a  great  deal  of  light  upon 
our  vote;  but  if  it  be  contemplated  to  do  this,  then  inore  men,  and 
more  money  will  be  required;  and  hence  the  decision  upon  these 
resolutions  is  the  preliminary  step  to  be  taken.  Sir,  it  was  a 
good  old  practice  in  the  early  stages  of  this  government,  when 
the  President  ol'  these  United  Slates  sent  an  address  to  Con- 
gress, that  an  answer  to  that  address  was  prepared  in  a  Com- 
mittee of  the  Whole,  and  tho  whole  affairs  of  the  nation  were  dis- 
cussed before  any  measures  were  adopted.  That  is  the  course 
pursued  in  the  British  Parliament,  and  in  the  French  Chamber  of 
Deputies.  That  practice  has  been  dropped,  and  the  various  sub- 
jects now  come  before  us  piece-meal,  and  are  referred  to  commit- 
tees', and  wc  have  no  oppoi  tunity  of  knowing  what  the  state  of 
the  Union  is,  until  we  are  called  on  to  vote  upon  the  various  prop- 
ositions so  submitied.  Now.  I  hope  that  a  discussion  will  be  had, 
if  discussion  be  necessary,  and  that  a  vole  will  be  taken;  though, 
if  what  I  hear  from  the  .Senator  from  Michigan  be  correct,  that  no 
man  contemplates  the  entire  conquest  of  all  Mexico,  then  w'6  need 
not  have  a  long  discussion,  and  it  will  bo  very  satisfactory  to  my- 
self at  least,  and  1  believe  it  will  be  highly  satislactorv  to  tlie 
people  generally,  to  have  it  declared  that  such  a  thing  is  iiot  con- 
templated. 

Mr.  CASS. — I  do  not  see  that  the  Senator  from  South  Carolina 
lias  changed  the  question.  He  speaks  of  the  objects  of  the  war. 
If  by  this  IS  meant  the  objects  to  be  attamed  by  the  prosecution  of 
the  war,  every  man,  woman,  and  child  in  the  country  can  under- 
stand them.  They  are  security  and  indemnity.  All  we  seek  of 
Mexico,  to  use  a  phrase  a  good  deal  reprobated,  is  to  conquer  a 
peace.  That  is  the  object  that  we  have  in  view;  we  seek  to  pro- 
vail  upon  the  Mexican  government  to  consent  to  an  amicable  ad- 
justment—^that  is  the  object  sought  by  the  nation,  and  I  do  not  see 
how  it  is  to  be  attained  by  such  resolutions  as  these.  Now  the 
honorable  Senator  says,  that  the  decision  of  these  resolutions  may 
guide  us  to  the  amount  of  force  to  be  raised.  I  take  it,  sir,  that 
most  of  us  in  the  Senate,  the  Executive,  and  a  great  majority  of 
this  nation,  intend  lo  go  on  with  the  war  imtd  Mexico  will  consent 
to  an  honorable  jieace;  and  1  take  it,  that  amajorily  of  the  Senate, 
and  of  the  House  of  Representatives  will  vote  the  necessaiy  means 
for  this  purpose.  Now,  wl  at  we  are  willing  to  do  at  one  'time, 
we  may  not  be  willing  to  do  at  another;  we  may  accept  to-day 
what  we  would  refuse  to-morrow;  and  we  migh*.  have  accepted 
yesterday  perhaps,  what  we  would  have  refused  to-day. 

The  course  of  obstinate  infatuation  on  the  part  of  Mexico,  if  persist- 
ed in,  may  compel  us  to  do  hereafter  far  otherwise  than  we  would 
do  now.  I  am  not  for  agitating  the  question.  When  the  time 
comes  that  we  shall  be  called  on  to  act  constitutionally  and  law- 
fully ;  let  us  then  act,  but  not  by  a  previous  declaration.  Tho  ho- 
norable Senator  says,  tluat  at  a  certain  meeting,  a  proposition  was 
made  that  Mexico  must  be  altogether  annihilated  ;  what,  then,  is 
it  necessary  for  us  lo  declare  that  such  is  not  the  intention  ?  Some- 
linio  .since,  a  resolution  was  offered  for  annexing  Cuba*  to  this 
cnuntry,  and  yet  nobody  thought  of  offering  a  counter  resolution 
I'lat  it  should  not  be  annexed  ;  and  if  a  proposition  were  made  any 
where  that  England  or  France  should  be  annexed  to  this  couiitry, 
there  would  be  no  necessity  to  bring  forward  a  resolution  in  oppo- 
siiioii  to  it.  It  seems  lo  me,  that  the*.e  resohitioiis  have  no  prac- 
tical  bearing,  or  if  they  have,  that  this  is  not  the  time  liu-  ilicii  ilis- 
eussion.     I  leave  tho  question. 

Mr  NTLES — I  have  ahvay.s  been  opposed  to  wasting  much  time 
on  the  discussion  of  abstract  propositions,  in  which  light  I  regard 
these  resolutions,  and  especially  the  one  of  my  honorable  friend 
Irom  New  York.  The  discussion  ujion  that  resolution  would  not 
shed  much  light  upon  the  principal  question,  which  can  onlv  come 
up  on  a  Territorial  bill  or  a  treaty.  I  regard  the  resolution  of  the 
honorable  and  distinguished  Senator  from  South  Caralina,  as  pret- 
ty near  an  abslraction.  That  honorable  Senator  is  rather  fond  of 
abstraelions,  and  probably  he  has  introduced  a  good  many  of  them 
111  tho  lorm  of  resolutions  hero.  There  docs  appear  lo  me,  sir,  to 
be  aniimate  connexion  between  the  two  great  questions  presented 
111  those  resolutions,  and  the  whole  legislation  upon  these  subjects 


December  20.] 


THE  LATE  GEORGE  C.  DROMGOOLE. 


33 


in  regard  to  our  peculiar,  extraordinary,  unexampled  relations 
with  a  neighboring  power.  We  are  called  on  by  the  Executive,  in  the 
discharge  of  his  high  functions,  to  provide  additional  means  for  tho 
prosecution  of  this  war — and  with  tlie  view,  as  he  tells  us,  of  se- 
curing an  honorable  peace.  Well,  sir,  in  regard  to  tho  general 
proposition,  I  apprehend  that  there  will  be  very  Utile  diversity  of 
opinion  here — I  should  hope  so,  sir,  at  least,  for  even  these  honora- 
ble gentlemen  who,  some  of  thoui,  I  believe,  think  that  this  war 
origina.ed  unnecessarily  and  somewhat  aggressively  on  our  part, 
must  nevertheless  see  tho  eonditition  the  country  is  in,  and  that 
whatever  may  have  been  the  origin  of  the  war,  cannot  now  very 
materially  bear  upon  the  question.  We  must  sustain  the  national 
character — we  must  in  .some  way  bring  this  war  to  a  conclusion. 
Well,  sir,  if  the  proposition  of  the  honorable  Senator  have  a  direct 
and  practical  bearing  upon  the  bill  which  may  come  before  us  in 
]>ursuance  of  the  recommendation  of  the  President,  then,  sir,  per- 
haps we  may  as  well  meet  this  great  question  in  this  form  as  in  any 
other  I  should  think  that  the  decision  of  the  Senate  upon  the  two 
questions  which  these  resolutions  present,  would  be  matter  of  some 
importance  to  the  Committee  on  Military  Affairs,  and  would  give 
some  degree  of  direction  to  the  course  of  action  devolving  on  them, 
and  in  regard  to  the  additional  propositions  which  it  may  be  their 
duty  to  bring  before  us  in  the  prosecution  of  this  war.  As  I  have 
already  observed,  all  parties  will  agree  that  this  war  should  be 
brought  to  an  honorable  conclusion.  What  is  an  honorable  con- 
clusion of  the  war  ?  Some  may  think  that  we  have  acquired  honor 
enough  already  in  its  prosecution,  and  that  we  have  prosecuted  it 
.as  far  as  is  justitiable.  There  are  but  few,  however,  who  think 
so.  We  want  a  treaty  of  peace;  the  war  must  be  prosecuted  for 
that  object,  and  it  is  a  legitimate  object;  but  at  the  same  time  we 
who  represent  the  interests  of  this  great  nation  have,  or  ought  to 
have,  some  little  sagicitj'.  We  must  look  at  this  actual  condition 
of  things  and  see  what  will  be  the  result  of  pursumg  this  matter — 
and  this  question  is  distinctly  presented  in  ihe  second  resolution; 
that  is,  what  line  of  policy  in  the  prosecution  of  this  war  may  lead 
to  a  result  which  will  be  much  more  important — much  more  sol- 
emn in  its  consequences  than  the  attainment  of  an  honorable  peace. 
May  not  such  a  result  follow  ?  Is  there  not  reason  to  fear  it  and 
if  so  it  may  not  be  amiss  to  look  at  it  in  advance,  and  as  preceding 
the  preparations  which  it  may  bo  necessary  to  make  for  the  prose- 
cu:  ion  of  the  war.  I  believe  it  to  be  the  general  sentiment  of  this 
bodv,  that  the  conquest  of  this  extensive  country  is  not  desired.  The 
next  question  is,  whether  wo  may  or  not  be  thrown  into  a  position 
in  which  such  a  result  will  become  almost  inevitable.  The  Sena- 
tor from  Michigan  tells  us  we  cannot  see  the  end  of  the  war — 
that  we  cannot  now  say  what  the  terras  of  peace  should  be,  be- 
cause, what  might  be  suitable  at  this  time,  might  be  very  unsuit- 
able at  another  time.  Well,  then,  would  it  not  be  well  to  examine 
and  see  how  we  are  best  to  secure  the  object  we  are  all  aiming  at, 
that  we  may  not  be  drawn  into  tho  necessity  of  taking  possession 
of  the  whole  of  Blexieo  ?  ■  Now,  both  of  these  questions  are  pre- 
sented in  these  resolutions,  and  the  last  one  I  regard  as  being  of 
the  great  importance,  and  there  may  be  dilTieulty  in  acting  upon 
it,  because  there  is  nothing  deficient  in  the  terms  of  tho  resolution 
itself  by  which  we  are  to  reach  the  end  desired.  I  believe  I  may 
say  that  we  all  wish  to  avoid  the  probable  contingency  whereby 
we  shall  be  under  the  necessity  of  taking  care  of  the  whole  popu- 
lation of  that  country  and  extending  our  jurisdiction  over  it.  Now 
these  are  great  questions,  wSich  cannot  be  too  carefully  consider- 
ed. I  am  not  for  abandoning  this  war,  but  at  the  same  time.  I 
cannot  but  see  that  every  step  we  take  in  the  conquest  of  this 
country  but  increases  our  difficulty  and  rende.s  the  adjustment 
which  I  have  alluded  to  a  subject  of  greater  difficulty.  Sir,  no 
one  can  mistake  that  it  is  the  sentiment  of  the  armv,  and  the  array 
of  this  country  is  now  of  sufficient  importance  to  speak,  and  to 
be  heard  and  felt;  it  is  evidently,  I  say,  their  sentiment  that  this 
war  is  only  to  end  with  the  entire  conquest  of  Mexico.  I  have 
read  the  proceedings  of  the  meeting  to  which  the  honorable  Sena- 
tor alluded ;  I  read  them  with  the  most  profound  regret. — 
Sir,  wo  hear  from  our  countrymen  abroad  in  the  service  of 
their  country,  (and  we  hear  the  same  from  several  quarters,) 
that  we  cannot  make  peace  without  the  subjugation  of  the 
whole  country.  When  we  see  that  these  things"  are  so,  and 
that  this  is  likely  to  become  the  prevailing  sentiment,  is  it 
not  time  to  view  matters  carefully,  and  to  proceed  with  caution? 
I  think  so,  for  one.  It  is  not  necessary  to  go  farther  into  this  sub- 
ject; it  is  not  necessary  to  look  at  the  consequences  that  will  result 
to  our  institutions;  it  is  not  difficult  to  seg  the  unhappy  condition 
in  which  this  country  will  be  placed,  Efhd  the  alarnimg  results 
which  will  follow  from  a  change  so  great,  so  momentous,  in  our 
political  condition,  and  in  the  extent  of  our  territorial  possessions. 
Sir,  I  think  there  is  some  p.opriety  in  acting  upon  these  proposi- 
tions in  advance  of  acting  upon  measures  connected  with  this  war. 
I  certainly  should  not  have  proposed  anything  of  the  kind  myself, 
but  being  here,  I  cannot  see,  lookuig  at  the  signs  of  the  times, 
but  that  there  is  a  manifest  propriety  in  examining  these  questions. 
I  am  one  who  think  that  we  ought  to  have  indemnity  from  Mexi- 
co ;  that  we  ought  to  prosecute  the  war  with  the  end  of  obtaining 
indemnity  if  there  be  -any  reasonable  prospect  of  getting  it  by  a  far-" 
t  her  extension  of  our  conqests.  But  if  there  is  not  such  a  prospect — 
if  we  have  already  proceeded  far  enough  to  be  convinced  that  peace 
is  not  to  be  obtained  by  extending  our  dominion,  then  comes  the 
grave  question,  whether  we  shall  "fall  back  upon  soite  such  iiropo- 
sition  as  that  which  was  offered  by  the  distinguished  gentleman 
from  South  Carolina  at  the  last  session,  and  content  ourselves  with 
the  occupation  of  a  portion  of  ther  territory,  or  whether  we  will 
30th  Cong. — 1st  Session — No,  5. 


make  the  calamities  af  war  fall  with  increased  force  upon  the  ene- 
my, and  then  induce  them  to  make  peace  But  will  they  be  in- 
duced to  do  this  by  breaking  up  the  tragments  of  the  government 
they  have,  and  resolving  that  country  into  the  primitive  condition 
of  a  population  without  a  government  ?  I  think  it  involves  a  se- 
rious doubt,  whether,  after  we  have  done  that,  we  shall  not  be 
further  from  the  end  than  we  are  at  present.  I  will  yield  my  ob- 
jections against  diverting  the  attention  of  the  Senate  to  the  dis- 
cussion of  abstract  propositions,  so  far  as  these  propositions  have 
a  bearing  upon  the  subject  that  may  come  before  us  for  our  consi- 
deration. Believing  this  to  be  tho  case  in  regard  to  one  of  these 
propositions,  1  shall  not  offer  any  opposition  to  its  discussion.  I 
hope  it  will  come  up  at  an  early  day.  I  know  there  are  import- 
ant matters  of  business,  important  bills,  one  of  them  in  relation  to 
our  foreign  mail  service,  which  I  hope  will  be  considered  at  an 
early  day,  and  I  greatly  fear  that  if  these  two  propositions  arc 
taken  up,  the  discussion  will  consume  a  month,  at  least,  of  our 
time,  before  we  can  do  anything  in  regard  to  these  important  mat- 
ters of  business. 

Mr.  DICKINSON. — Anxious  as  I  am  to  obtain  discussion 
upon  the  resolutions  I  offered,  I  do  not  wish  them  to  interfere  with 
matters  of  legislation  ;  nor  shall  I  discuss  them  as  some  others 
seem  inclined  to  do,  before  they  are  under  consideration.  The 
Senator  from  Connecticut,  [Mr.  Nii.es,]  thinks  they  are  abstrac- 
tions. I  believe,  sir,  I  can  call  that  Senator  as  a  witness,  and  dis- 
prove his  allegation.  That  Senator  is  at  all  limes  severely  prac- 
tical, and  yet,  on  presenting  resolutions  of  his  Stale  this  morning, 
he  proceeded  to  discuss  the  subject  embraced  in  my  resolutions  at 
great  length,  and  with  his  usual  ability.  Now,  sir,  had  these  re- 
solutions been  abstractions  I  am  sure  they  would  not  have  thus  re- 
ceived the  Senator's  notice,  for  the  reason  that  he  does  not  gratui- 
tously discuss  abstractions.  I  do  not  complain  of  this  departure 
from  the  usual  com'se,  for  it  was  doubtless  agreeable  to  tho  Senate 
to  listen  to  the  learned  Senator,  as  it  certainly  was  to  me  ;  but  I  ad- 
adduce  it  as  the  highest  evidence  that  my  resolutions  are  not  abstrac- 
tions. The  resolutions  are  eminently  practical;  they  relate  to  subjects 
of  legislation  which  have  agitated  the  country  for  two  vears  past, 
and  upon  which  we  must  act.  I  did  not  bring  the  slavery  question 
here.  It  is  here  from  every  Slate  in  the  Union,  in  some  form.  I 
bring  a  proposition  to  transfer  it  from  here,  with  all  its  disturbing 
consequences,  to  the  local  communities  where  it  belongs.  If  it 
could  be  thus  disposed  of,  a  greater  good  would  be  accomplised 
than  if  we  were  to  pass  all  the  bills  which  can  be  brought  before 
this  body.  I  will  add,  sir,  that,  in  conversing  with  the  "honorable 
Senator  from  South  Carolina  an  arrangement,  which  is  entirely  sa- 
tisfactory, has  been  agreed  upon,  and,  therefore,  I  withdraw  my 
motion  to  make  the  resolutions  which  I  have  offered  the  order  of 
the  day. 

EOTJTE    TO    CALIFORNIA. 

The  Senate  proceeded  to  consider  the  following  resolutions  sub- 
milted  on  Thursday  last  by  Mr.  Pearce,  and  it  was  agreed  to  ; 

Rcnolrcd,  TIjat.  one  thous<in(i  additional  copies  of  the  notes  of  a  military  reconnoi-  . 
sancefroni  Fort  Leavenwortii  to  San  Diego  by  Lieut.  \Vm.  li.  Emory,  and  of  Co!. 
Coolie's  Report,  tie  printed  lor  tlie  use  of  tiie  Senate,  and  tliat  lire  Secretary  of  tlie 
Senate  be  directed  to  be  caused  to  be  engraved  or  litliographed,  an  equ.i!  number  of 
tlie  map  accompanying  Lieut.  Emory's  Report,  and  hiieli  of  the  BotanicaJ,  Geoio^'i- 
cal,  and  otheriilustrations,  as  the  Committee  on  tlie  Contingent  E.xpensesof  the  .Se- 
nate may  approve  and  direct. 

•»  THE    LATE    GEORGE    C.    DROMGOOLE. 

The  followins  message  was  received  from  the  House  of  Repre. 
sentatives,  by  Mr.  Cabipbell.  their  Clerk  : 

Mr.  President :  I  am  duected  to  notify  the  Senate  of  the  death  of  the  Hon.  GEOHot 
C.  PRo.MOOOt.E,  late  a  member  of  the  Honse  of  Representatives  from  the  State  of 
Virginia. 

The  rcsolulions  adopted  by  the  House  of  Representatives  on  tho 
occasion  having  been  read,  Mr.  MASON  rose  and  addressed  the 
Senate,  as  follows  ; 

I  discharge  a  melancholy  duly,  Mr.  President,  in  asking  the 
S*ate  to  extend  the  customary  evidences  of  respect  to  the  memo- 
ry ol  the  very  distinguished  gentleman  whose  name  has  just  been 
announced  to  us.  George  Coke  Dkomgoole,  a  representative 
elected  from  the  State  of  Virginia  to  the  present  Congress,  died  at 
his  residence  in  tjie  county  of  Brunswick,  in  that  Stale,  on  the  27th 
day  of  April,  in  the  present  year.  He  had  just  closed  the  fifth 
term  of  bis  service  in  the  House  of  Representatives,  and  had  been 
re-elected  by  a  constituency  amongst  whom  he  was  born,  when  the 
irrevocable  mandate  was  issued  which  now  numbers  him  with  the 
dead.  Nature  had  formed  him  for  a  statesman  of  the  highest  or- 
der, and  soon  distinguished  by  popular  favor,  his  inclinations  and 
habits  of  mind  at  once  directed  liim  to  the  paths  of  public  life.  A 
clear  head  and  sound  heart,  assured  alike  unshaken  loyalty  to  his 
country,  and  inviolable  faith  to  his  friends.  When  just  entering 
upon  manhood  he  was  chosen  a  delegate  to  the  General  Assembly 
of  Virginia,  (and  with  an  interval  of  but  two  years  during  which 
he  declined  a  re-election.)  from  that  time  forth,  continued  a  repre- 
sentative of  the  people,  until  his  career  was  closd  by  death.  In 
the  year  1829  he  was  chosen  a  member  of  the  convention  called 
to  revise  the  constitution  of  that  State — a  body  selected  with  great 
care  by  the  people  of  Virginia,  composed  of  our  wisest  statesmen, 
and  numbering  among  its  members,  men  who  adorned  and, left 
their  impress  upon  the  age  in  which  they  lived.  From  the  House 
of  Delegates  he  was  transferred  to  the  Virginia  Senate,  and  whilst 


•  • 


34 


THE  LATE  GEORGE  C.  DRO.MGOOLE. 


[Monday 


presiding  officer  of  that  liody,  in  llio  year  1835,  was  elected  to  the 
House  of  Representatives  of  the  t'nitcd  Sinies.  Il  was  my  for- 
tune to  be  associated  with  him  in  lie  [m.'i  •  i'"insfls.  both  of  our 
honored  State,  and  of  this  confeilcr.iry.  ami  lu  wmicss  from  their 
early  development  in  youth,  to  ihe  maturity  of  riper  years,  that 
solidity  of  mind,  and  stronj,'  and  clear  discernment,  which  so  rarely 
accompanies  the  quick  wit  and  ready  thoufilit  that  distinguished 
the  career  of  this  gifted  man.  With'ardent  temperament  and  de- 
cided opinions,  General  Dromgoole  always  stood  allied  with  par- 
ty. -  But  he  made  no  enemies.  Ever  more  ready  in  the  stern  con- 
flicts of  party,  to  disarm  than  to  wound;  or  with  ready  and  playful 
remark,  to  turn  aside  acerbity.  In  social  life  he  enjoyed  and  de- 
served the  strongest  allacimient  of  his  friends;  peihans  never  more 
signally  shown  Uian  in  the  incidents  connected  with  the  election 
which  but  a  low  davs  preceded  hi.s  death,  when  his  constituents  by 


a  diminished  vote,  evinced,  that  although  thev  could  chasten,  they 
would  not  dismi.ss  their  representative.  Of  "his  infirmities,  sir  It 
mav  become  him  to  speak,  whohunself  has  none:  let  their  memory 
bo  Luried  in  the  tomb,  where  now  reposes  all  that  was  mortal  of 
the  statesman,  the  patriot,  and  the  friend.  I  move,  sir,  the  follow- 
ing resolutions  : 

nrs,Uj-rl.  iinanimouslv,  That  the  Senate  has  heard  will,  deep  sensihilitv  of  I'le 
(learlior  tlie  Hmiorahle  <;eori;i;  Coke  Dromgoolk,  a  representative  elect  from  tlie 
l^l.-jteol  Virpnia,  which  has  heeii  connnunicated  hy  Iho  House  of  ReprejenlativfB. 

Ilcsolimt  1  lial  in  testiiiioiiy  of  IJieir  respect  for  tlie  memory  of  the  deceased  Ihe 
foiialon  will  wear  the  usual  hiulge  of  mourning  for  lliiny  days. ' 

Ilmitced.  As  a  furtlier  mark  of  respect,  that  the  Senate  do  now  adjourn. 

The  resolu^ons  having  been  unanimously  adopted. 
The  Senate  adjourned. 


Decemcer  21. 1 


PETITIONS— ORDERS— BILLS. 


35 


TUESDAY,  DECEMBER  21,  1847. 


PETITIONS. 


Mr.  DIX  presented    the  memorial  of  David  Wlielpley,  praying 
-compensation  for  his  services  in  the  expedition  under  General  Pike 
to  the  sources  of  the  Mississippi  in  1S05  and  1806;  which  was  re- 
ferred to  the  Committee  of  Claims. 

Mr.  DIX  presented  the  memorial  of  Amos  Holton,  formerly  a 
Quartermaster  in  the  Army,  praying  that  the  accounting  olHcer.s 
may  be  directed  to  audit  and  settle  his  accounts;  which  was  refer- 
red to  the  Committee  of  Claims. 

Mr.  WESTCOTT  presented  the  memorial  of  Charles  L.  Dell, 
praying  compensation  for  military  services  performed  by  him  in  the 
Seminole  war;  which  was  referred  to  the  Committee  on  Military 
Affairs. 

Mr.  WESTCO  L'T  presented  the  memorial  of  Francis  Martin, 
an  officer  of  the  Revenue  Service,  praying  compensation  for  ser- 
vices rendered  by  him  in  the  capacity  of  a  Lieutenant  in  the  Navy. 
in  the  Seminole  war  ;  vvhicli  was  referred  to  the  Committee  on 
Naval  Aflfairs. 

Mr.  BREESE  presented  two  memorials  of  citizens  of  the  State 
of  Illinois,  praying  that  the  right  of  pre-emption  may  be  allowed 
to  the  Illinois  Central  Rail  Road  Company  to  the  lands  over 
which  it  is  proposed  to  construct  their  road;  which  were  referred 
to  the  Committee  on  Public  Lands.  ^ 

Mr.  JOHNSON,  of  Maryland,  presented  the  memorial   of  Li^ 
vinia  Taylor,  widow  of  a  deceased    soldier,   praying  a  pension; 
which  was  referred  to  the  Committee  on  Pensions. 

Mr.  FELCH  presented  the  petition  of  Charles  Br.idburg,  pray- 
ing indemnity  for  French  spoliations,  prior  to  1800;  which  was  re 
ferred  to  the  Committee  on  Foreign  Relations. 

Mr.  DAYTON  presented  tlic  memorial  of  Ann  J.  Hassler,  wid- 
ow of  Charles  A.  Hassler,  deceased,  late  a  Surgeon  in  the  Navy, 
praying  to  be  allowed  a  pension;  which  was  referred  to  the  Com- 
mittee on  Pensions. 

Mr.  MASON  presented  the  petition  of  Thomas  N.  Welch,  ad- 
ministrator of  Churchill  Gibbs,  deceased,  an  officer  in  the  Revolu- 
tionary Army,  praying  to  be  allowed  commutation  pay;  which  was 
referred  to  the  Committee  on  Revolutionary  Claims. 

On  motion  by  Mr.  DIX,  it  was 

Ordered,  That  the  petition  of  Aaron  Legget,  on  the  files  of  the 
Senate,  be  referred  to  the  Committee  on  Foreign  Relations. 

•  On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  the  petition  of  Alexander  Watson,  on  the  files  of 
the  Senate,  be  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  the  resolutions  of  the  Legislature  of  Florida,  on 
the  files  of  the  Senate,  relating  to  indemnification  for  losses  by  In- 
dian depradatiotis  in  the  Seminole  war,  be  referred  to  the  Commit- 
tee of  Claims. 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  was 

Ordered,  That  the  petitionof  John  Devlin,  on  the  files  of  the  Se- 
nate, be  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  was 
Ordered,   That   the  petition  of  John  McColgan,  on  the  files  of 
the  Senate,  be  referred  to  the  Committee  on  Commerce. 

On  motion  by  Mr.  CORWIN,  it  was 

Ordered,  That  the  memorial  of  the  heirs  of  William  A.  Slacum, 
on  the  files  of  the  Senate,  be  referred  to  the  Committee  on  Foreign 
Relations. 

On  motion  by  Mr.  BUTLER,  it  was 

Ordered,  That  the  petition  of  Millege  Galphin,  on  the  files  of  the 
.Senate,  be  referred  to  the  Committee  on  the  Judiciary. 

On  motion  by  Mr.  Faufield,  it  was 

Ordered,  That  the  petition  of  William  T.  Sayward,  and  others, 
owners  of  the  brig  Canton,  on  the  files  of  the  Senate,  be  referred 
to  the  Committee  on  Commerce. 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  waa 


Ordered,  That  James  Foster,  and  the  heirs  of  John  H.  Stone, 
deceased,  have  leave  to  withdraw  their  petitions  and  papers. 

On  motion  by  Mr.  MASON,  it  was 

Ordered,  That  the  heirs  of  John  and  Henry  Banks,  have  leave  to 
withdraw  their  memorial  and  papers. 

NOTICES    OF    BILLS. 

Messrs  BRADBURY,  BREESE  and  BRIGHT,  gave  notice 
that  on  to-morrow,  or  at  some  early  day,  they  would  ask  leave  to 
inlroduce  certain  bills,  which  they  named. 

SUPERINTENDENT  OF    THE    ANTE-CHAMBER. 

On  motion  by  Mr.  MANGUM,  it  was 

Ordered,  That  tjie  Vice  President  be  authorized  and  requested 
to  appoint  a  Superintendent  of  the  Senate's  ante-chamber. 

EXTRADITION   TREATIES. 

Mr.  DAYTON  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  : 

Ueyoh^fd,  Tliat  ihe  C'oniitiith^f  on  the  .Tndic-inry  be  iustrocted  to  enquire  wlielher 
any  legislation  lie  neeessarv  to  carrv  into  efti-ci  the  treaty  between  this  country  and 
France,  of  the  lith  November,  IS4^.  for  the  surrender  ot"  criminals  who  are  fugitive* 
from  justice,  and  the  lOtli  article  of  the  treaty  with  Great  Britain,  of  August  9.  1942, 
upon  the  same  subject ;  and  that  said  committee  report  a  bill  to  carry  the  ])roviEiom  of 
said  treaty  into  eltect,  if  the  same  sliall  appear  to  be  necessary. 

FORT   ARMSTRONG. 

Mr.  BREESE  submitted  the  following  resolution  for  considera- 
tion : 

Resolved,  That  the  Secretary  of  War  be  directed  to  inform  the  Senate,  if  Fort 
Arnistrons,  on  Rock  Island,  in  tjie  State  of  Illinois,  is  now  occupied  a.s  a  military 
post ;  anil  if  not.  bow  long  the  same  has  been  abandoned,  in  whose  charge  the  same 
i..  anil  anil  on  what  tcniu  ;  and  also,  that  he  coinnuinieale  liis  opinion  if  the  interests 
of  tlie  government  reiinire  that  said  site  should  be  reserved  from  sale,  for  military  pur- 
jioses. 

F.XTENSION  OF  APPELLATE  JtJRISDICTION. 

Mr.  ASHLEY  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  : 

Hfsolned,  Th.it  the  Committee  on  the  Judiciary  be  instructed  to  inquire  into  the  ex- 
peiliencv  of  extending  the  provisions  of  the  Act  entitled  "An  Act  to  regulate  the  e.T- 
e'cise  of  the  appellate  jurisdiction  of  the  Supreme  Court  of  the  T'nited  Stales  in  cer- 
tain cases,  and  for  other  ))Ur]ioses,"  a[iproved  February  22,  ?H47.  to  all  eases  which 
have  arisen  before  the  territorial  courts  of  Iowa,  or  which  may  hereafter  arise  in  the 
State  of  Iowa. 

CONICVL    VENTILATOR. 

Agreeably  to  notice,  Mr.  MANGUM  asked  and  obtained  leave 
to  bring  in  a  bill  to  direct  the  Secretary  of  the  Navy  to  purchase 
the  patent  right  of  the  Conical  Ventilator ;  which  was  read  the 
first  and  second  times,  by  unanimous  consent,  and  referred  to  the 
Committee  on  Naval  AfTau's. 

REPEAL    OF    THE    PILOT    L.\WS. 

Agreeably  to  notice,  Mr.  DIX  asked  and  obtained  leave  to  bring 
in  a  bill  to  repeal  the  ,ict  of  2d  March,  1837,  entitled  "  An  act 
concerning  Pilots  ;"  which  was  read  the  first  and  second  times,  by 
unanimous  consent,  and  referred  to  the  Committee  on  Commerce. 

TESTIMONY. 

Agreeably  to  notice,  Mr.  DIX  asked  and  obtained  leave  to  bring 
4n  a  bill  concerning  testimony  ;  which  was  read  the  first  and  se- 
cond times  hy  unanimous  consent,  and  referred  to  the  Committee 
on  the  Judiciary. 

THE    STATE    OF    ARKANSAS. 

Agreeably  to  notice,  Mr.  ASHLEY  asked  and  obtained  leave 
to  bring  in  a  bill  to  divide  the  district  of  Arkansas  into  two  judi- 
cial districts  ;  which  was  read  the  first  and  second  ti.-nes  bjr  unani- 
mous consent,  and  referred  to  the  Committee  on  the  Judiciary. 

SCSAN    E.    GORDON. 

Agreeably  to  notice,  Mr.  FOOTE  asked  and  obtained  leave  to 
bring  in  a  bill  for  the  relief  of  Susan  E.  Gordon  ;  which  was  read 
the  first  and  second  times  by  unanimous  consent,  and  relerred  to 
the  Committee  of  Claims. 


BILLS    REPORTED    FROM    CO.MMITTEES. 

Mr.  BALDWIN,  from  the  Committee  of  Claims,  reported  a 
bill  authorizing  the  payment  of  a  sum  of  money  to  Robert  Purkis  ; 
which  was  read  and  passed  to  a  second  reading. 

Ordered,  That  the  report  be  printed. 


36 


ORDERS— BILLS. 


[Tuesday, 


I 


This  bill  havin?  had  a  second  reading,  the  Senate  proceeded  to 
its  consideration  as  in  Committee  of  the  Whole,  when,  on  motion 
by  Mr.  GREEXE,  it  was 

Ordered,  That  it  lie  upon  the  table. 

Mr.  CASS,  from  the  Committee  on  Militarj-  Affairs,  reported  a 
bill  for  the  relief  of  Mary  McRea,  widow  of  Lieut.  Col.  William 
McRea,  late  of  the  United  Stales  Army,  deceased  ;  which  was 
read  -and  passed  to  a  second  readinp;. 

Mr.  WESTCOTT,  from  the  Committee  of  Claims,  reported  u 
bill  for  the  relief  of  the  administratrix  of  Elisha  L.  Keen  ;  which 
was  read  and  passed  to  a  second  reading. 

Ordered,  That  the  report  accompanying  the  bill  be  printed. 

Mr.  FAIRFIELD,  from  the  Committee  on  Naval  Affairs,  to 
whom  was  referred  the  bill  for  the  relief  of  Jo.seph  Wilson,  re- 
ported it  without  amendment. 


Ordered,  That  the  report  accompanying  the  bill  be  printed. 

Mr.  FAIRFIELD,  from  the  Committee  on  Naval  Affairs,  re- 
ported a  bill  for  the  relief  of  Walter  R.  Johnson  :  which  was  read 
and  passed  to  a  second  reading. 

Ordered,  That  the  report  accompanying  the  bili  be  printed. 

CALEB    GREEN. 

On  motion  by  Mr.  MASON,  it  was 

Ordered,  That  the  Committee  of  Claims  be  discharged  from  the 
Ibrther  consideration  of  the  petition  of  Caleb  Green  ;  and  that  it 
be  referred  to  the  Committee  on  the  Judiciary. 

On  motion, 

The  Senate  adjourned. 


December  22.] 


PETITIONS— MEMORIALS. 


37 


WEDNESDAY,  DECEMBER  22,  1847 


PETITIONS. 

Mr  GREENE  presented  tlie  petition  of  Elizabeth  Hamilton, 
widow  of  Alexander  Hamilton,  deceased,  prayinR  the  patronage 
of  the  Government  in  the  publieation  of  the  writnigs  of  her  late 
husband  ;  which  was  referred  to  the  Committee  on  the  Library. 

Mr  ATCHISON  presented  the  memorial  of  Henry  M_  Shreve, 
praying  compensation  for  the  use,  by  the  g°^«™™<="V,  5„,^..wf 
boatofwhiclibeisthe  invemor  and  patentee,  and  the  purchase 
of  his  patent  nght  by  the  United  States  ;  which  was  relened  to 
the  Committee  on  Commerce. 

•  Mr  HALE  presented  the  memorial  of  the  yearly  meeting  of 
Anti-Slavery  Friends  of  Indiana,  prayin"-  for  the  adoption  ol  mea- 
sures  for  the  immediate  termination  of  the  war  with  Mexico,  and 
for  the  immediate  termination  of  slavery. 

On  presenting  this  petition,  Mr.  HALE  said  :  I  sanposc,  Mr. 
President,  as  this  petition  prays  for  the  exertion  ol  all  the  pow- 
ers of  n-overnment  so  far  as  they  extend  m  relation  to  tbis 
subject,  it  includes  within  its  perview  slavery  within  tUe  dis- 
trict of  Columbia;  and  I  am  informed  that  the  practice  has  ob- 
tained in  the  Senate,  when  petitions  of  this  character  are  pre- 
sented, to  raise  the  question  of  reception,  and  that  siicU  a  motion 
is  laid  upon  the  table  and  there  the  matter  drops.  As  this  course 
does  not  accord  with  my  own  conviction  ol  duty,  I  must  urge  a 
different  disposition  of  tbis  petition;  and,  I  hope  that  it  exception 
be  taken  it  will  be  taken  without  this  side-blow  ol  amotion  to  lay 
on  the  table.  With  this  view,  if  the  question  of  reception  be  raised, 
I  ask  that  it  may  bo  taken  by  yeas  and  nays. 

The  PRESIDING  OFFICER..— Those  in  favor  of  taking  the 
cpiestion  by  yeas  and  nays  will  rise. 

Mr.  HALE.— Was  the  motion  maile  to  lay  the  motion  upon  the 
table? 

The  PRESIDING  OFFICER.— Tlie  question  is  to  be  put  as  a 
matter  of  course . 

Mr.  HALE. — I  was  not  aware  of  the  existence  of  such  a  rule; 
but  that  being  the  case,  I  would  like  to  say  a  single  word  on  the 
mam  question,  as  the  motion  to  lay  on  the  table  is  not  debatable. 

Mr.  BERRIEN.— I  trust  that  the  established  usage  of  the  Sen- 
ate will  not  be  departed  from  on  this    occasion.     When  a  petition 
of  this  sort  is  presented,  the    question  of   reception  is  raised 
motion  to  lay  a  petition  on  the  table.     I  raise  that  question;  I 
to  lay  the  motion  upon  the  table. 

Mr.  HALE.— Upon  that  question  I  ask  the  yeas  and  nays. 

Mr.  JOHNSON,  of  Maryland,  inquired  whether  it  would  be  in 
order  to  move  a  postponement  of  the  question  of  reception  till  to- 
morrow! 

The  PRESIDING  OFFICER.— The  question  to  lay  on  the 
table  has  precedence. 

Mr.  JOHNSON,  of  Maryland,  then  said  that  his  only  object 
was.  that  the  Senate  might  be  full  before  the  question  was  taken. 

Mr.  CALHOUN.— What  is  the  question  < 

■It  is   to  lay  the  motion  to  re- 


by  a 
move 


The  PRESIDING  OFFICER 
ceive  the  petition  on  the  table. 

Mr.  CALHOUN.— What  is  the  subject  matter  of  the  petition  i 

The  PRESIDING  OFFICER.— The  abolition  of  slavery  in  the 
District  of  Columbia. 

Mr.  HALE.— If  it  be  in  order,  I  will  state  the  subject  matter 
of  the  petition.  The  petition  comes  from  the  yearly  meeting  of 
Friends  at  Newport,  Wayne  county,  Indiana,  praying  the  termi- 
nation of  the  war  in  Mexico;  and  also,  praying  that  all  the  powers 
vested  in  Congress  upon  the  subject,  shall  be  exerted  for  the  ter- 
mination of  slavery. 


YEAS  —Messrs  Allen,  Asliley.  Atchison,  Atherlon,  Badger,  Bell.  Berrien.  Brad- 
butv  Breese,  Brisi.t,  Butler,  Calhoun,  Cass,  D.ivi»,  of  Mississippi  Dickinson  Dix, 
Downs  Fairfield.  Felch,  Foole,  Ilnnter.  Johnson,  ol  Maryland,  Johnson,  of  Louis- 
iana, Mangum,  Mason,  Nilcs,  Rusk,  Sevier,  Spruance,  Sturgeon,  Tuiney,  Westcotl, 

"°NAYs!^m'cssr.  Baldwin,  Clarke,  Corwiii,  Greene,  Hale,  Miller,  Phelps,  Tnder- 
wood,  andUphani. — 9. 

So  the  motion  to  receive  .the  petition  was  laid  upon  the  table. 

Mr  HALE  presented  the  memorial  of  David  T.  Burr,  and 
sixty-nine  others,  citizens  of  Pennsylvania,  praying  for  such  an 
alteration  of  the  constitution  and  laws  as  shall  abolish  slavery 
throughout  the  Union. 

Mr.  HALE  said  :  I  do  not  understand  that  there  is  a  standing 
rule  or  order  of  the  Senate  that  raises  the  question  whether  this 
petition  shall  be  received,  or  the  motion  to  receive  it  laid  on  the 
table.  I  ask  whether  the  motion  to  receive  the  petition  is  debata- 
ble ?     Am  I  correct,  sir,  in  supposing  it  is  debatable  ? 

PRESIDING  OFFICER.— It  is  debatable. 

Mr.  HALE.— So  understanding  it,  sir,  I  wish  to  say  a  single 
word  in  vindication  of  the  course  which  I  deem  it  my  duty  to  take 
on  this  occasion.  It  is  with  no  desire  to  produce  angry  feelings, 
or  excited  discussion,  but  it  is  in  discharge  of  my  duty,  under  the 
deep  and  earnest  convictions  of  my  understanding,  tliat  I  attempt 
to  discharge  that  duty.  What  is  the  rel'u.sal  of  the  Senate  to  re- 
ceive these  petitions?  It  is  saying  that  there  are  some  subjects  on 
which  the  people  shall  not  approach  this  tribunal.  In  this  day, 
speculation  is  adventurous.  We  venture  to  inquire  into  all  the  se- 
crets of  the  material  and  the  spiritual  world.  The  researches  of 
o-eoloo-ical  science  have  penetrated  the  bowels  of  the  earth,  and 
iiave  found  there  the  materials  by  which  it  is  essayed  to  prove  that 

"He  who  made  the  world,  and  its  age  reveal'd 
To  Mo^es,  was  mistaken." 

Nay,  inquirv  goes  with  adventurous  (light  to  the  verv  throne  of 
Eternity,  and  undertakes  to  scan  the  laws  by  which  He  that  sits 
thereon  Governs  His  own  actions  and  the  world  Ho  has  created. — 
And,  sir,  if  speculation  is  thus  adventurous,  have  we,  in  the 
United  States  of  America,  an  institution  which  exalts  itself  above 

God defying  examination  or  inquiry,  or  petition  even?     Most  eni- 

phatically,  sn-,  do  I  conceive  that,  at' the  present  day,  the  people 
of  the  United  States  have  a  peculiar  right  to  come  and  ask  of  this 
body  a  respectful  hearing  of  their  petitions,  and  a  respeetfid  hearing 
on  tliis  very  subject.  Sir,  it  is  no  mere  abstraction.  It  is  an  ele- 
ment of  political  power  in  the  formation  of  our  constitution;  it  is 
an  element  on  which  the  constitution  of  the  other  House  is  regu- 
latedf  and  it  is  an  element  in  tlie  political  discussion  and  action  of 
the  present  day,  which  isinvolving  the  nation  in  a  foi'eign  and  aggres- 
sive war,  at  the  expense  of  forty  or  fifty  millions  of  dollars  annu-  , 
ally.  And  if  the  people  of  the  United  Stales  are  to  be  thus  taxed 
for  a  war,  growing  immediately  and  directly  out  of  an  institution 
of  this  character,  are  they  to  be  told  that  they  shall  not  come  and 
respectfully  present  their  petitions  upon  tbis  subject?  I  have  thus 
discharged  ray  duty  to  those  who  sent  me  here;  without  any  expec- 
tation of  influencing  the  action  of  this  body,  without  any  desire  to 
excite  angry  feeling  or  discussion.  I  ask  that  the  petition  be  re- 
ceived. 

Mr.  BERRIEN. — The  practice  which  has  been  adopted  by  the 
Senate  has  been  the  result  of  calm  and  deliberate  consideration. 
It  has  protected  us  from  those  exciting  discussions  which,  in  an- 
other branch  of  the  national  legislature,  have  too  often  occurred.  I 
do  not  apprehend  that  anything  which  has  fallen  from  the  honora- 
ble Senator  from  New  Hampshire,  who  presents  this  petition,  is 
calculated  to  change  the  well-settled  conviction  of  the  Senate  on 
this  subject.  I  therefore,  su-,  the  question  of  reception  being  be- 
fore the  Senate,  move  to  lay  that  question  on  the  table. 

The  motion  to  receive  the  petition  was  then  laid  on  the  table. 

Mr.  JOHNSON,  of  Louisiana,  presented  the  petition  of  D.  A. 
Waterston,  praying  compensation  for  services  as  clerk  m  the  office 
of  the  Surveyor  General  of  Louisiana;  which  was  referred  to  the 
Committee  on  Public  Lands. 

Mr.  MASON  presented  the  memorial  of  William  B.  Slaughter, 
late  Seeretarv  of  the  Territory  of  Wisconsin,  praying  the  re-pay- 
ment of  money  expended  by  him  in  the  public  service;  which  was 
referred  to  the  Committee  on  Territories. 


Mr.  BUTLER.— That  does 
the  District  of  Columbia. 


not   say  anything  about  slavery 


Mr.  HALE. — I  remarked  that  that  was  included  in  the  petition. 

The  question  was  then  taken  on  the  call  for  the  yeas  and  nays. 
A  sufficient  number  of  members  rising,  the  yeas  and  nays  were 
ordered,  and  were  taken  as  follows  : 


On  motion  by  Mr.  YULEE,  it  was 
Ordered,  That  Joseph  H.  Waring  have  leave   to  withdraw  bis 
petition  and  papers. 

On  motion  by  Mr.  GREENE,  it  was 
Ordered,  That  the  petition  and  papers  of  Elizabeth   Hamilton, 
oa  the  tiles  of  the  Senate,  be  referred   to  the   Committee  on  the 
Library. 


38 


RESOLUTIONS,  ETC. 


[Wednesday, 


On  motion  by  Mr.  HUNTER,  it  was 

Ordered,  That  the  petition  of  Joseph  M.  Sheppard.  adminis- 
trator of  Richard  Harris,  deceased,  and  John  Scott,  administrator 
of  Nirarod  Farrow,  deceased,  on  the  files  of  the  Senate,  be  referred 
to  the  Committee  of  Claims. 

On  motion  by  Mr.  MILLER,  it  was 
Ordered    That  the  memorials  and  petitions   asjainst  the  repeal 
of  the  pilot  act,  on  the  files  of  the  Senate,  be  referred  to  the  Com- 
mittee on  Commerce. 

On  motion  by  Mr.  JOHXSON,  of  Maryland,  it  was 
Ordered,  That  the  petition  of  William  W.   Hall,  on  the  files  of 
the  Senate,  be  referred  to  the  Committee  on  Pensions. 

On  motion  by  Mr.  CASS,  it  was 
Ordered.  That  the    petition  of  Thomas  C.  Sheldon,  on  the  files 
of  the  Senate,  be  referred  to  the  Committee  on  Public  Lands. 
On  motion  by  Mr.  DICKINSON,  it  was 
Ordered,  That  the   petition   of  John  Lorinior  Clralmm,  on  the 
files  of  the  Senate,  be   referred  to  the  Comniitu-o  om  iW  Post  Of- 
fice and  Post  Roads. 

On  motion  by  Mr.  DIX,  it  was 
Ordered,  That  the  memorials   and  petitions  on  the  files  of  the 
Senate,  in    favor   of  the  repeal  of  the  Pilot  act,  be  referred  to  the 
Committee  on  Commerce. 

NOTICE   OK  A   BILL.  S 

Mr.  JOHNSON,  of  Louisiana,  gave  notice  that  on  to-morrow 
he  shonld  ask  leave  of  the  Senate  to  introduce  a  bill  rontinuui;;  the 
pensions  t>f  certaiji  widows. 

THK  PATENT  LAWS. 

Mr.  WESTCOTT  submitted  the  following  resolution,  which 
was  considered  by  unanimous  consent  and  agreed  to  : 

Hetolvrd,  Tliat  llie  Co.nmlltee  on  Palenl*  and  llie  \'MtM  Oliiee  lip  instnii-lecl  li> 
cnquin-  wlicrhcr  anv  nmilllicalion  of  llii-  present  laws  rc-lalinj  10  Palenls  and  the  Pa- 
tent Office  \)€  e\|ieiitenl. 

AIIDITIONAL  TBOOrS. 

Mr.  CASS,  from  the  Committee  on  Military  Alliurs,  reported  a 
bill  to  raise,  for  a  limited  time,  an  additional  luiblury  force;  whicli 
was  rend  and  passed  to  a  second  readiiii;. 


Mr.'<;ASS  gave  notice   that  he  would  call  this  bill  up  i 
first  opcortimity,  after  it  should  have  been  printed. 


COLLECTION  DISTRICTS. 

Mr.  DIX,  from  the  Committee  on  Commerce,  to  whom  was  re- 
ferred the  bill  concerning  certain  collection  districts,  and  for  other 
purpo.ses,  reported  it  without  amendment. 

APPELLATE    JURISDICTION. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  reported 
a  bill  supplementary  to  the  act  entitled  "  An  act  to  regulate  th» 
exercise  of  the  appellate  jurisdiction  of  the  Supreme  Coiirt,  in  cer- 
tain cases,  and  for  other  purposes;''  on  which  he  asked  for  speedy 
action  of  the  Senate,  as  the  bill  was  applicable  to  eases  now  pend- 
ing before  the  Supreme  Court  of  the  United  States.  It  was  in- 
tended to  remedy  a  defect  in  existing  laws  on  the  subject. 

The  bill  having  had  its  first  reading,  was  then  read  a  second 
lime,  by  unanimous  consent,  and  considered  as  in  Committee  of 
the  Whole,  and  no  amendment  being  made,  it  was  reported  to  the 
.Senate. 

Ordered,  That  it  be  engrossed,  and  read  a  third  lime. 

The  bill  was  read  a  third  time  by  unanimous  consent. 

liesoliril.  That  this  bill  ]ia»-,  and  llial  Ihe  title  thereof  he  as  aforesaid. 

Ordered,  That  the  Secretary  retjuest  the  concurrence  of  the 
House  of  Representatives  therein. 

FORT  ARMSTRONG. 

Tlie  Senate  proceeded  to  the  consideration  of  the  following  re- 
.solution,  submitted  yesterdav  by  Mr.  BREESE,  and  it  was  agreed 
to. 

Resolved,  That  the  Secretary  ol'  AVar  be  directed  to  inform  the  Senate  if  Fort  Ann- 
strong,  on  Rock  Island,  in  the  State  of  Illinois,  is  now  occupied  .as  a  military  post;  and 
if  not.  how  Ion?  the  same  has  been  abandoned,  in  whose  cliarge  the  same' is,  and  on 
what  terms  ;  and  also,  that  he  communicate  his  opinion  if  tjic  interests  of  the  "o\ern 
nienl  require  that  said  site  should  be  reserved  from  sale,  for  mililarv  purposes.   " 

EXECUTIVE    SESSION. 

On  motion  by  Mr.  SEVIER,  the  Senate  proceeded  to  the  con- 
sideration of  Executive  business,  and  after  a  short  time  spent  there- 
in, the  doors  were  opened,  and 


The  Senale  adjourni 


December  23. J 


PETITIONS— THE  MADISON  PAPERS. 


39 


rSHJRSDAY,  DECEMBER  23,  1847. 


The  Hon.  ARTHUR  P.  BAG13Y,  of  the  Slate  of  Ahibama,  ap- 
peared in  the  Senate  to-day. 

MESSAGE  FROM  THE  PRESIDENT. 

A  message  was  received  from  >he  President  of  the  United  States, 
l,v  the  hanJis  of  Mr.  Walker,  his  private  Secretary,  transmittin-; 
a  report  from  the  Secretary  of  the  Navy,  in  icUuion  to  the  con- 
straction  of  Hoating  dry-doclts  at  Pcnsaeola,  Philadelphm  and 
Kittery;  which  was  referred  to  the  Committee  on  Naval  AHairs, 
and  ordered  to  be  printed. 

PETITIONS. 

Mr  DICKINSON  presented  the  memorial  of  Jolin  Black,  late 
Consul  of  the  United  States  at  the  city  of  Mexico,  prayiiii;  com- 
pensation for  diplomatic  services;  which  was  relerred  to  the  Com- 
mittee on  Foreign  Relations. 

Mr.  DAVIS,  of  Mississippi,  presented  the  memori.il  of  the  Ad- 
Hitanl  of  the  United  States  Military  Academy  at  West  Point, 
pravin<^  that  ho  may  be  placed  on  tho  same  looting  with  respect 
to  pay^and  allowances  as  Adjutants  of  regiments;  which  was  re- 
ferred to  the  Committee  on  Military  Affairs. 

Mr.  JOHNSON,  of  Maryland,  presented  the  memorial  of  the 
Secretary  and  Executive  Committee  of  tho  American  Colonization 
Society,  praying'  that  in  the  removal  of  colored  people  to  Liberia 
they  be  exeihpted  from  the  provisions  of  the  acts  of  22d  February 
and  2d  March,  1847,  and  left  to  the  act  of  2d  March,  1819,  or  be 
allowed  to  carry  two  passenufcrs  to  every  live  tons  of  measure- 
ment; which  was  referred  to  the  Committee  on  Commerce. 

Mr.  CASS  in  presenting  the  memorial  of  Mary  W.  Thompson, 
widow  of  the  late  Lieut.  Col.  Alexander  R.  Thompson,  ol  the 
United  States  Army,  deceased,  in  behalf  of  widows  and  orphans  ol 
the  army  of  the  United  Stales,  praying  that  ihe  present  pension 
laws  may  be  so  amended  as  to  make  their  pensions  c(puil  to  those 
of  the  widows  of  Revolutionary  officers,  and  to  continue  them  du- 
ring life  or  widowhood,  instead  of  five  years  only,  and  to  include 
thole  families  whose  husbands  and  fathers  have  died  in  the  military 
service  from  exposure  and  disease  from  the  fate  of  an  inhospitable 
climate,  said  :  I  hold  in  my  hands,  Mr.  President,  the  memorial  of 
the  widow  of  an  American  officer  who  ha.s  fallen  in  battle;  and  after 
the  very  eloquent  eulogium  pronounced  upon  those  officers  by  the 
honoroble  Senator  from  New  York — an  eulogium  not  less  true  in 
its  sentiments  than  eloquently  expressed — I  consider  it  perfectly 
unnecessary  for  me  to  do  anything  more  than  to  present  the  me- 
morial, and  move  i's  reference  to  the  Committee  on  Military  Af- 
fairs.    I  therefore  move  its  reference  to  that  committee. 

The  memorial  was  referred  to  the  Committee  on  Military  Af- 
fairs. 

Mr.  CASS  presented  tho  memorial  of  J.  Koarsley,  roceivor  of 
public  monies  at  Detroit,  Michigan,  praying  remuneration  for 
monies  expended  by  liim  for  clerk  hire;  which  was  referred  to  the 
Committee  on  Finance. 

On  motion  by  Mr.  BAGBY,  it  was 

Ordered,  That  the  documents  relating  to  the  claim  of  George 
S.  Gaines,  on  tho  files  of  the  Senate,  be  referred  to  the  Committee 
on  Indian  Affairs. 

On  motion  by  Mr.  BAGBY,  it  was 

Ordered,  That  the  petition  of  Stephen  Steele  and  James  Daniel, 
on  the  files  of  the  Senate,  be  referred  to  the  Committee  on  Public 
Lands. 

On  motion  by  Mr.  DICKINSON,  it  was 

Ordered,  That  Lyon  and  Howard  have  leave  to  withdraw  their 
petition  and  papers. 

MILITARY     STATISTICS. 

Mr.  JOHNSON,  of  Maryland,  submitted  tho   following  resolu- 
tion for  consideration  : 
Rcso/vc(f,  That  the  Secret:iry  ot"  W.ir  inform  Ibe  Senate : 

First. — What  lias,  been  tlie  whole  number  of  volunteer  troops  called  into  the  service 
of  the  United  States  jince  the  I3th  May.  l.S4t>  ? 

SeeoiKl. — f 'f  the  Iroops  so  called,  what  has  been  the  whole  iminbcr  discharged  tVom 
sncb  service  before  ttieir  term  of  service  had  c.tpired  ?  and  what  the  number  mustered 
out  of  the  bervice  of  the  United  Slates.  ? 

TA'rr/.— What  has  been  the  wlioie  number  of  troops  iu  Mexico  beloneiu?  to  the 
re<rular  army  of  the  United  Slates  since  the  ]3tli  Mav.  1841)  1 

Fottrtk.—What  are  the  number  of  troops  now  in  itlexico  ? 

F:ftA. — What  has  been  the  whole  number  of  officers  and  men  belon^riup  either  to 
the  regular  army  or  the  volunteers  who  have  been  killed  or  died  of  wounds  received  in 
battle  since  the  7tli  May,  l6iG  ? 

Sixth. — What  has  been  the  whole  nnmber  of  officers  and  men  of  the  regular  armv 
ot  volunteers  wounded  in  battle  since  the  7th  Mav.  1?40,  who  have  not  died  of  their 
wounds  ? 


EXTENSION    OF    N.^VY    PENSIONS. 

Mr.  BALDWIN  submitted  tho  follow-ing  resolution,  which  was 
I'onsidered,  by  unanimous  consent,  and  agreed  to  : 

Itisiilrtil.  That  the  Commillec  on  Tensions  bo  instructed  to  enquire  into  the  exps- 
dicticv  and  |iropriel.-  of  extending  the  benefit  of  Ihc  provision  of  the  act  ot  :id  March. 
184.")  "entitled  "An-sr-l  renewing  certain  naval  pensions  for  the  term  of  five  years,  _  to 
all  pensions  ofa  similar  .kind  which  have  expired  since  tlio  passage  of  the  act  ol  :!d 
March,  1H47. 

DAVID    SHAW.    ET.  AL. 

Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  to  whom  bad  been  referred  the  joint  resolution  in  lavor  of 
David  Shaw,  and  Solomon  T.  Corser,  reported  it  without  amend- 
ment. 

THOMAS    RHODES. 

Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  to  whom  had  been  referred  the  documents  relating  to  the 
claim  of  Thomas  Rhodes,  reported  a  bill  for  the  relief  of  Thomas 
Rhodes;  which  was  read  and  passed  to  a  second  reading. 

COMMODORE    F.    A.    PARKER. 

Mr.  BADGER,  from  the  Committee  on  Naval  Affairs,  reported 
a  lull  fur  the  relief  of  Commodore  Foxall  A.  Parker,  of  the  United 
States  navy;  which  was  read  and  passed  to  a  second  reading. 

ASSIST.\NT    PURSERS. 

Mr.  FAIRFIELD,  from  the    Committee  on   Naval  Affairs,  re- 
ported a  bill  to  provide  for   tho  appointment  of  assistant  pursers  in 
tho  navy;  which  was  read  the  first  antl  second  times,  by  unanimous 
consent",  and  the  further  consideration  thereof  postponed  until  Mon-    - 
tlay. 

I'ENSIOVS. 

Agreeably  to  notice,  Mr.  JOHNSON,  of  Louisiana,  asked  and 
obtained  leave  to  bring  in  a  bill  to  continue  the  pensions  of  certain 
widows;  which  was  read  the  first  and  second  times,  by  unanimous 
consent,  and  referred  to  the  Committee  on  Pensions. 

APPROPRIATION  BILL. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President:  The  liouse  of  Representatives  have  jrasscd  a  bill  making  an  appro 
priation  to  supply  in  part,  a  deliciency  in  the  appropriation  for  subsistence  in  kind,  ol 
the  arinv  and  volunteers  during  tlie  year  ending  Ihe  30tli  June.  1847. 

The  said  bill  having  been  read  a  first  and  second  times,  by  una- 
nimous consent,  was  referred  to  the  Committee  on  Finance. 

THE    M.\DIS0N  PAPERS. 

Agreeably  to  notice,  Mr.  CRITTENDEN  asked  and  obtained 
leave  to  brins  in  a  bill  to'  provide  for  the  purchase  of  the  manu- 
script papers  of  the  late  James  Madison,  former  President  of  the 
United  States. 

The  bill  having  been  read  a  first  time, 

Mr.  CRITTENDEN  desired  that  it  might  have  a  second  read- 
ing, with  a  view  to  reference. 

The  bill  having  been  read  a  second  time, 

Mr.  CRITTENDEN  remarked  that  he  did  not  know  which 
would  be  the  most  appropriate  committee  to  which  to  refer  the 
bill  ;  he  supposed  the  Committee  on  the  Library. 

Mr.  BERRIEN.— If  the  honorable  Senator  will  permit  inc,  I 
will  observe,  that  this  bill,  at  the  last  session,  passed  this  body  bv 
a  considerable  majority.  There  was  a  very  decided  expression  of 
the  will  of  the  Senate  to  make  the  purchase  of  these  papers  for 
the  benefit  of  the  venerable  and  estimable  lady  to  whom  they  be- 
long, and  I  do  really  hope  that  the  feeling  of  the  Senate  will  prompt 
them  to  dispense  with  the  ordinary  formal  mode  of  reference  to  a 
committee;  and  with  their  permission  I  will  move  that  the  bill  be 
now  put  upon  its  passage. 

Mr.  CRITTENDEN. — I  should  be  most  happy  if  such  a  course 
should  be  taken,  and  perhaps  there  will  be  no  objection  on  the  part 
of  the  Senate.  The  bill  is,  in  pr.'neiple,  exactly  the  .same  as  that 
which  passed  at  the  last  session.  According  to  the  arrangement 
with  Mrs.  Madison  and  some  of  her  friends,  and  reduced  to  the 
form  of  a  special  contract,  placed  in  my  possessien,  it  was  agreed 
that  if  the  purchase  of  these  papers  should  be  made  by  Congress, 
only  $5,000  of  the  purchase  money  was  to  be  paid  in  her  hands  at 
present;  the  residue  of  §40,000  to  be  placed  in  the  hands  of  Mr. 
Buchanan,  Secretary  of  State,  Mr.  Mason,  Secretary  of  the  Navy, 
and  Richard  Smith,  Esq.,  a  respectable  citizen  of  the  District,  to 


40 


THE  MADISON  PAPERS— THE  LATE  GEN.  HAMER. 


[THrRSDAY, 


he  held  by  them  as  her  trustees,  and  to  be  used  by  them  for  her 
benefit;  to  be  invested   in  stocks  or  otherwise,  according  to  their 
best  diseretion  for  her  interests;  to  be  inalienable  during  her  lil'e- 
time,  to  constitute  a  perpetual  I'und  for  her  maintenance,  and  suli- 
jeet  to  be  disposed  of  only  by  her  last  will  and  testament.     These 
arc  the  provisions  of  the  contract.     1  do  not  propose  to  occupy  the 
time  of  the  Senate  farther  than  to  remark,  that  I  hold  in  my  hand 
an  able  report  made  by  a  committee  of  the  House  of  Representa- 
tives, of  which  a  distinijuished  member  of  that  body— now  no  more 
—the  late  Mr.  Dromgoole— was  the  chairman,  in  which  the  papers 
are  classified  and  described  in  such  a  manner  as  to  convince  every- 
one  who  appreciates   the  character  of  Mr.  Madison  lor  virtue  and 
wisdom,  of  their  ureal  value  and  importance  to  this  country.     INo- 
thin",  indeed,   could    come   from   the    pen  of  Mr.    Madison  that 
would  not  be  a  precious  relic  in  the  eyes  of  the  pcopli;  ol  the  Uni- 
ted States.     No  statesman   more  judicious,  more  pure,  more  tem- 
perate than  he,  has  ever  appeared  in  the  political   annals  ol  this 
conntr\'.     These  are  writincrs  and  memorials  which  will  acquire  ad- 
ditional value   by  the  lau.sc 'of  time;  they  are  not  ol   that  triHing 
and  ephemeral  character  that  will   pass  away,  or   whose  value 
will  be  exhausted  and  forgotten  in  a  moment.     They  are      lor 
all  time."     They  arc  the  productions  of  a  man  Uvuii.'   at  a  most 
important  perio'd  in   the  historv  of  this  country,  and   a  man   who 
wa,s  himseh  oneof  the  architects- the  principal  architects  inerect- 
inn-  the  mighty  structure  of  this  republic.     It  is  to  some  extent  to 
be"  attributed  to  the   influence  of  his  mighty  work  and  most  com- 
prehensive mind  that  we  hold  our  seats  this  day,  and  that  this  go- 
vernment exists.      Every  thing  said    and   done  by  such   a  man 
must  be  calculated  to  reflect  light  upon  onr  institunons  ;  must  be 
worthy  to  be  read,  to  bo  simlied,  sir,  and  followed   as  an  example 
by  us.  and  handed  down  to  our  children,  not  merely  the  printed  vo- 
lumes, but  the  manuscript  in  his  own  writing,  to  which  we  may 
point  and   lay  up  forever  in  the  repositories  of  our  public  records. 
1  am  one  of  those  who  believe,  sir.  that  a  letter  of  Mr.  Madison's 
in  manuscript,  one  hundred  .and   lifty  years  hence,   will  be  worth 
more   than  whole   volumes  of  ordinary   printed  works.     The   cost 
will   be  nothing  in  comparison  with  their  value.     There  are  other 
considerations  applicable  to  this  siibjeot,  that  arc  better  understood 
than  they  can  be  expressed,  by  every  member  of  this  body.    I  shall 
say   no  more  in  reference  to  them  ;  but  when  I  consider  the  cha- 
racter of  these  works — their  importance   to   the   people  of  the 
Tnited  States — when  I  consider   the  character  of  the  estimable 
ladv  to   be   benefitted,  and  to  receive   the  value  which   we  are 
to  'give    for  these    papers,  it    seems  to   me,  sir,   that    we   will 
perform   at   once  a   public   duty,  and   a  graceful   act,    in    mak- 
ing'   the    coming    year     happy    to    her    who    yet     remains    the 
relict  of  one  who  contributed  so  largely  to  make  this  mighty  coun- 
try what  it  is.     I  hope,  therefore,  that   the  motion  made  against 
the  reference  will  be  adopted,  and   that   the   Senate   will  now   at 
once  proceed  to  act  finally  upon  this  bill.     If  there  be  gentlemen, 
as  there  may  bo,  who  are  opposed  upon  )irineiple  to  the  passage  of 
such  a  law,'l  hope  that  they  will  be   satisfied  to  discharge  what 
they  consider  to  be  their  duty,  by  voting  against  it — constiencious- 
ly  and  honorably,  as   1   know  they  wiil.  if  they  vote  at   all — but 
that  they  will  allow  the  friends  of  the  measure   to  bring  it  to   a 
final  vole,  by  permitting  the  bill  now  to  bo  put  on  its  passage. 

Mr.  NILES. — I  hope  the  liill  will  have  it  usual  reference. 

Mr.  CRITTENDEN.— I  will  withdraw  the  motion  for  the  pas- 
sage of  the  bill,  if  the  Senator  from  Connecticut  moans  to  oppose  it. 

Mr.  NILES. — I  have  the  floor,  I  believe,  sir.  I  hope  this  hill 
will  bo  referred  to  the  committee.  I  think  that  this  is  not  a  sub- 
ject to  be  acted  upon  without  due  consideration.  This  thing 
seems  to  be  increasing  upon  us,  and  it  is  diflictilt  to  say  where  it 
wiil  end.  If  this  bill  is  intended  to  authorize  the  purchase  of  val- 
uable manuscripts,  connected  with  the  history  of  this  country,  it 
certainly  requires  consideration,  and  more  than  almost  any  other 
subject,  demands  the  action  of  a  committee.  .  AVe  do  not  know 
wnal  these  manuscripts  are.  We  know  something  certainly  of  the 
character  of  Mr.  Madison;  wc  all  have  a  just  estimation  of  that; 
l)Ut  we  know  not  what  tliese  papers  are — whether  they  consist  of 
correspondence;  whether  they  are  bis  private  journals,  or  what 
they  arc.  Wc  know  nothing  at  all  about  them.'  ,.\nd  I  beg  leave 
to  remind  the  Senate  that  we  ha\e  already  lairchased  what  was 
■supposed  to  be  the  most  valuable  part  of  the  papers  of  Mr.  Madi- 
son. We  purchased  them,  sir,  at  an  expense  of  thirty-five  thou- 
sand dollars.  I  happened  to  be  here  at  llnit  time,  and  supposed 
wc  had  purchased  every  thing  of  value  connected  with  the   history 

of  the  country — every  tiling  lliat  was  necessary  to  be   lueserved 

But  it  now  appears  that  every  thing  valuable  has  b^eu  kept  back; 
and  after  wc  have  made  this  second  purchase  wc  may  bo  ealleil 
upon  in  after  years  to  purchase  what  will  still  remain.  Whore  this 
<onrse  of  proceeding  is  to  end,  it  is  certainly  difiicnlt  to  foresee.  I 
hope  the  reference  will  ho  made. 

Mr.  CRITTENDEN.— If  it  would  be  proper  for  nic,  I  would 
bo  very  glad  to  occupy  a  moment — not  more — in  reading  a  descrip- 
tion of  these  papers  as  contained  in  the  report  made  bylvir.  Drimi- 
goole.     The  honorable  Senator  from  Connecticut,  if  I   understand 

him  aright,  said  that  wo  do  not  know   what  these   papers  arc. 

They  are  these: 

Volamu  III.— Th(i  |ra|«ni  trInUns  In  thn  nrtivlM  of  ■oiiMcr.Miou  nnd  roiivlllution 
of  Virpioin;  lollont  ol  J.uiips  ,Mm)i»oii  to  Ji'IDtsoii,  Munrup.  l\>nrtIpton.  Rnmtoli)li 
VVfulilDglon,  iiml  .Nlii'lt^on.  »(^iiior,  iipto  tllo  «-oinmonccmpnt  of  tile  new  ^overnmoiil' 
with  >ppeiiilix  conulmng  nolCTi  ofconrixlfnioii-i  and  conrcdcniUoii. 


\'oIiirac2<l. — The  let1fr%of  tlip  almve  named  ami  otiiers,  durin"  tiic  administrations 
of  \Va>Iiin"ton  and  Adams;  rejmblican  view  of  ttie  policy  of  those  administrations; 
notes  of  convereation  and  paper*  connected  witli  his  conlidenti;J  intercoun>e  with 
VVasinglon;  his  character;  and  explanation  of  tlie  enigma  in  Gile'.s  impeachment  of 
Hamilton. 

\"oInnie3d. — The  lelteni  to  foreign  mini-sters  and  diplomatic  functionaries,  heads  of 
deparfmeiita,  militarv  and  naval  commanders,  Presidents  and  ex-rresident-s  Jcti'erson 
and  .Monroe,  and.  if  necessary,  to  George  Joy.  Henry  Wheaton.  C  J.  Ingersoil,  .An- 
drew Stcvensoii.'John  Aiiams,  J^Ci.  Adams.  VV.#C.  Rives.  &c,,  to  the  close  of  either 
administration,  or  to  include  tlic  whole  correspondence  with  Jeflerson  and  Monroe,  as 
may  tie  necessary  to  till  the  volume;  showing  tlie  policy  of  these  administrations. 

Voliiine  4th. — Letters  and  writings  on  constitutional  subjects. 

Volume  5lh. — Ess.ays  and  letters  on  political  economy.  law  o '  nations,  judicial,  his 
torical,  natural  history,  itc,  may  matte  out  this  volume — may  include  also  printed  es 
says  in  French,  political  otiservations  in  1705.  and  examination  of  British  doctrine,  &c.; 
some  e-says  to  he  Ibuiid  with  the  papers  relating  to  Washington;  and  possibly  this 
fund,  and  what  may  be  taken  fjom  the  miscellaneous  mass,  may  make  the  5th  and  6th 
volumes,  and  leave  the  miscetlanbons  for  the  7th. 

Volume  titli. — Miscellaneous. 

This  will  give  an  adequate  idea  of  the  deep  interest  of  these  pa- 
pers. I  know  perfectly  well  that  it  is  the  honest  conviction  of  my 
friend  from  Connecticut  which  produces  his  opposition.  It  is  an 
opposition,  I  am  sure,  contrary  to  his  own  feelings.  A  sense  of 
duty  alone  impels  him,  for  which  I  have  the  greatest  possible  res- 
pect; but  I  hope,  that  upon  consideration  of  this  matter  and  this 
information  as  to  the  character  of  the  papers,  the  honorable  gen- 
tleman will  be  satisfied  wtth  such  opposition  as  he  may  feel  con- 
strained to  make  by  his  vote,  and  allow  us  to  act  upon  the  bill. 

Mr.  NILES. — If  it  be  the  wish  of  the  Senate  to  act  upon  the 
bill  at  this  time,  I  will  withdraw  my  motion  for  reference. 

Mr.  CRITTENDEN  asked  for  the  yeas  and  nays  on  the  iia.s- 
sago  of  the  bill. 

Mr.  SEVIER. — I  hope  the  honorable  Senator  will  postpone  this 
bill  for  a  day  or  two.  until  we  look  into  it. 

Mr.  CRITTENDEN.— Certainly,  if  the  Senator  insists. 

Mr.  SEVIER. — I  move  its  postponement  until  Monday. 

Mr.  CRITTENDEN.— And  let  it  be  made  tho  order  of  the  dav 
for  that  day? 

The  further  consideration  of  the  bill  was  accordingly  postponed, 
and  it  was  made  the  order  of  the  day  for  Monday  next.. 

Mr.  CRITTENDEN.— Will  the  bill  be  printed  as  a  matter  of 
course. 

The  PRESIDING  OFFICER.— Certainly. 

Mr.  SEVIER. — The  Senator  from  Kentucky  referred  to  a  ro' 
port  containing  a  description  of  the  papers.  I  wish  to  have  thai 
report  printed  also.     I  hope  it  will  be  printed  with  the  bill. 

The  question  was  taken  on  printing  the  report,  aiid  it  was 
agreed  to. 

ADJOURNMENT   OVEK. 

On  motion,  it  was 

Ordered,  That  when  the  Senate  adjourns,  it  lie  to  Mondav 
next. 

THK    L.VTE     GKNK.KAI.    IIAMER. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbeli.,  their  Clerk  : 

Mr.  President :  I  am  directed  to  inform  the  Senate  of  the  de,ith  or«he  Honorable 
THO.M.IS  L.  Il.iMER.  a  ReprKenlative  elect  from  tlie  State  of  Ohio,  and  of  the  pro 
ceedings  of  tlie  House  of  Representatives  thereupon. 

The  resolutions  adojited  by  the  House  of  Representatives  having 
been  read, 

Mr.  ALLEN  rose  and  adilressed  the  Senate,  as  follows  : 

Mr.  President  :  On  the  first  day  of  July,  of  the  past  year,  this 
body  confirmed  the  nomination  of  Thom.as  L.  Hamee,  of  Ohio,  to 
the  rank  of  Brigadier  General,  in  the  army  of  the  United  States. 
The  annonnceracnt  just  made  by  tlie  House,  to  the  Senate,  informs 
us  olficially.  that  that  eminent  citizen  has  ceased  to  live.  The  event 
of  his  death  occurred  at  Monterey,  in  Mexico,  on  the  2d  of  De- 
cember last,  and  was,  therefore,  known  to  us  individually  long  ago; 
but,  by  the  rules  observed  on  these  mournful  occasions,  it  could  not 
be  olficially  noticed  until  now,  he  having  been  a  member  elect  to 
the  present,  not  a  member  of  the  then  sitting  Congress.  But  a 
.short  time  previously  to  his  death.  Gen.  Hamer  had  passed  along 
tiie  lino  of  battle,  amidst  all  its  dangers,  exerting  his  intellect,  his 
courage ,  and  address  in  aiding  to  achieve  the  third  victory  of  our 
arms  tiver  the  public  enemy.  He  came  out  of  that  conflict  unhurt , 
and  with  a  vigor  of  constitution  which  justified  the  hope,  that  ho 
might  be  nble  yet  again  to  exert  his  genius  and  valor,  in  upholding 
the  rights  of  his  country,  and  the  honor  of  its  flag.  But,  otherwiso 
was  it  ordered,  and  he  retired  from  the  battle-ground — the  common 
resort  ol  dealli — only  to  find  it  in  one  of  those  diseases  ever  incident ' 
to  the  multitudinous  life  of  the  camp,  and  which  are  known,  in 
military  annals,  to  bo  but  little  more  sparing  of  the  lives  of  men 
thim  the  unsparing  .sword  itself. 

J  o  say  that  his  death  was  a  public  loss,  would  bo  to  speak  trulv, 
but  to  sjicak  less  than  the  truth.  The  death  of  that  man,  at  any 
time,  and  in  any  state  of  public  affairs,  would  have  been  a  loss  to 


December  23.] 


THE  LATE  GENERAL  HAMER. 


41 


his  country,  and  a  great  one.  But  his  death  at  that  time,  and  in 
the  then  exigencies  of  the  public  service,  was  a  national  privation 
not  to  lie  appreciated,  save  by  those  who  knew  the  peculiar  char- 
acter of  the  man,  and  its  happy  adaptation  to  such  exigencies. 

We  were  at  the  beginning  of  a  war,  in  which,  by  the  necessi- 
ties imposed  by  free  institutions,  we  were  obliged  to  employ  a 
mi-xed  force  of  regulars  and  volunteers.  To  unite  titese  forces  under 
a  common  discipline — to  fuse  their  various  energies  into  one  har- 
monious whole,  and  to  direct  tliem  with  full  eiriciency,  has  ever 
been,  and  will  forever  be,  among  the  most  serious  dillieidties  ol 
those  placed  m  the  command  of  armies.  In  the  attainment  of  this 
object,  there  are  required  not  only  the  talents  to  command  the 
muscles  of  men,  in  virtue  of  commissioned  authority,  but  that  ad- 
dress, also,  which  moves  the  hearts  of  the  soldiery  because  it 
springs  from  the  heart  of  the  General. 

I  would  not  sir,  willingly,  do  inpisticre  to  the  living,  even  to  do 
justice  to  the  dead,  could  that  be  possilily  ueces.sary.  Especially, 
would  I  not  do  injustice  to  any  one  of  those  ollicers,  whose  con- 
duct, and  the  conduct  of  whose  troops  in  this  war,  have  taught  the 
world,  that  neither  the  genius  nor  the  courage  arc  wanting  to 
make  this  the  first  nation  in  it.  Nor  can  I  think  that  I  do  injus- 
tice to  any  in  uttering  the  opinion,  that,  perhajis,  no  one  of  them 
possessed  in  a  higher  degree,  than  did  General  Hamer,  that  in- 
scrutable power  which  is  expressed  by  the  word — address,  and  by 
wiiich  a  single  individual  is  often  seen  to  sway  the  discordant 
wills  of  thousands,  and  to  bind  tlie  whole  as  by  a  spell  to  his  per- 
son and  his  purposes  more  closely  than  mere  ollicial  anthority  can 
ever  bind  men  of  various  tempers  to  a  common  object.  It  is  for 
this  reason  that  I  esteem  his  death  to  have  been  a  peculiar  misfor- 
tune to  tlie  army,  and,  therefore,  to  the  nation. 

In  reviewing  the  lives  of  the  eminent  men  of  our  country  who 
have  already  passed  away,  no  remark  will  be  found  more  common 
than,  that  such  a  one  was  a  self-made  man.  There  are  now  in 
this  Senate  and  elsewhere  around  us,  men  whose  great  abilities 
and  pu'olie  services  will  entitle  them  to  be  ranked  with  their  illus- 
trious predecessors,  and  of  almost  every  one  of  whom  it  will  with 
.equal  truth  be  said,  he  too,  was  a  self-made  man.  Not  one  of 
them,  however,  will  fall  more  emphatically  within  this  description 
than  Thomas  L.  Hamer. 

Inheriting  nothing  from  his  parents,  but  the  right  truly  to  say 
they  were  respected  and  honorable  people,  bo  went  alone  from  his 
native  State  ot  Pennsylvania,  when  but  a  boy,  and  settled  in  the 
county  of  Clermont,  in  the  State  of  Ohio. 

He  began  life  as  the  instructor  of  a  country  school,  devoting  the 
hours  otherwise  unemployed  to  study,  and  especially  to  the  reading 
of  the  law.  In  due  time  he  was  admitted  to  that  learned  profes- 
sion, and  removing  to  the  adjoining  county  of  Brown,  commenced 
and  continued  its  practice  with  distinguished  success.  Ho  had 
been  at  the  bar,  however,  but  a  very  short  lime  when  political 
events  began  to  excite  an  extraordinary  interest  in  the  public  mind. 
So  deep  and  general  did  that  interest  soon  become,  and  so  strong 
were  tiie  passions  which  it  called  up  from  the  repose  of  the  eight 
preceding  years,  that  it  was  scarcely  possible  for  a  young  man, 
such  as  Mr.  H.-iMER  was.  of  admitted  genius  and  eloquence,  of  an 
ardent  nature,  of  a  blameless  character,  and  of  decided  political 
sentiments,  to  resist  the  importunities  of  his  fellow  citizens,  who 
sought  to  make  him  the  representative  of  their  wishes  and  opin- 
ions. He  was  accordingly  elected  and  re-elected  to  the  lower 
branch  of  the  State  Legislature,  and,  by  that  body,  elected  its  pre- 
siding ollieer.  From  this  post  be  retired,  intending  to  resume  his 
place  at  the  bar.  But  the  same  causes  which  had  drawn  him 
trom  it  before  still  acting,  and  with  accumulated  force,  he  again 
yielded,  and  was,  by  the  same  constituency,  three  times  elected  to 
the  Nation's  House  of  Representatives,  from  w^iich  wo  have  just 
received  this  melancholy  message.  At  the  expiration  of  bis  third 
term,  he  again  voluntarily  retired,  and  once  more  resumed  the 
practice  of  the  law.  It  was  in  this  situation,  with  abilities  and 
legal  learning,  which,  in  that  region  of  the  State,  admitted  of  no 
rivalry,   and  in  the  enjoyment  of  a  corresponding  practice  and 

30th  CpNO. — 1st  Session — No.  6. 


emolument,  that  he  heard  the  call  of  his  country  upon  her  sons  to 
arm.  He  obeyed,  and  was  among  the  first  to  set  an  example,  by 
himself  volunteering  as  a  common  soldier.  His  friends  and  con- 
stituenls  followed  his  lead,  and  speedily,  an  organized  body  stood 
ready  for  the  march. 

Mr.  Hamer  was  known  personally  and  well  to  the  President, 
with  whom  he  had  served  in  the  Hou.se  of  Representatives  amid 
scenes  no  less  trying  to  the  firmness  and  fortitude  of  men,  than  the 
Held  of  battle  itself.  The  President  was,  therefore,  under  no  ne- 
cessity to  ask  who  should  bo  placed  in  command  of  the  Ohiii  Bri- 
gade. Mr.  Hamer  was  appointed,  and  that,  too,  without  his  so- 
licitation; and,  I  believe,  without  hi«  knowledge  of  such  an  event 
being  in  contemplation. 

He  accepted  the  commission,  proceeded  on  duty,  and  lost  his  life 
in  its  performance  ;  having  been  elected  in  his  absence,  again  to 
Congress. 

When  the  intelligence  of  this  sad  event  came  to  the  west,  the 
Legislature  of  Ohio,  being  in  session,  immediately  adopted  appropri- 
ate measures  to  express,  in  behalf  of  the  whole  people,  their  high 
appreciation  of  bis  virtues,  abilities,  and  .services,  and  the  profound 
sense  felt  by  all,  of  the  loss  sustained  in  his  death.  The  State 
stretched  forth  her  hands  and  drew  the  dead  body  of  her  adopted 
son  to  her  bosom  There  it  now  reposes,  amid  the  family,  the  neigh- 
bor!, the  constituency,  who  received  it  with  sighs  and  with  tears, 
tor  the  same  r(_'ason  they  had  always  before  greeted  his  return 
among  them  with  exultation  and  joy. 

It  would  be  but  a  common-place  and  an  insuflicient  eulogy  ujion 
Mr.  Hamer,  to  say,  that  in  all  the  relations  he  bore  to  the  com- 
munity, he  exhibited  the  qualities  appropriate  to  those  relations. 
Society  has  a  right  to  expect  such  a  result  even  from  a  man  of 
mere  mediocrity.  But  from  one  in  the  powers  of  whose  mind  the 
disi.'riminatin;L  partiality  of  nature  was  so  manifest  as  in  his,  so- 
ciety has  a  right  to  demand  such  an  exertion  of  intellect  and  exhi- 
bition of  virtues  as  may  tend  to  the  advancement  of  its  lasting  wel- 
fare, and  atlbrd  an  example  to  the  incoming  generation.  To  tliiv 
demand,  the  whole  life  of  Mr.  Hamer — his  private  and  public! 
manners,  habits  and  sympathies  ;  his  benevolence,  integrity  and 
honor;  his  intelligence,  industry,  courage,  genius  and  patriotism — 
all  responded  in  a  manner  to  entitle  him  to  demand  in  his  turn,  tho 
lasting  gratitude  of  society.  This  he  enjoyed  when  he  lived,  and 
when  called  to  pass  that  boundary  which  nature  has  drawn  be- 
tween the  living  and  the  dead,  he  did  so  with  the  consciousness 
that  he  laid  down  a  life  that  might  be  reviewed  by  the  intelligent 
and  the  just,  with  the  approbation  of  every  mind  and  of  every  heart 
which,  Iik3  his  own,  was  sound,  and  strong,  and  pure. 

Long  will  his  memory  he  cherished  by  the  State.  Long  will  hia 
old  constituents  of  Clermont,  of  Brown,  of  Adams  and  Highland, 
remember  their  all'eetionate  friend,  their  faithful  counsellor,  their 
able  representative.  And  many  are  the  aged  fathers  among  them 
who,  10  stimulate  the  emulation  of  their  sons,  will  recount  to  them 
in  the  winter's  evenings,  the  scenes,  the  events,  tho  sayings  and  the 
anecdotes,  of  his  brilliant  and  blameless  life.  Long  will  the  widow 
and  the  children  remember,  fondly  remember,  the  husband  and  the 
parent,  in  whose  affections  they  were  happy,  in  whose  character 
they  are  honored,  and  in  the  imitation  of  whose  virtues  his  .sons 
will  find  the  only  reward  which  can  bear  any  proportion  to  the 
magnitude  of  their  loss. 

Mr.  ALLEN  concluded  by  offering  the  following  resolutions: 

Resolved,  inwitiwonslr/.  Thai  the  St;na|p  h-is  rereived  with  deep  sonsihilitv,  lheiiie«- 
saf^'e  Prom  the  JIousc  of  Renresetitatives.  annoiincinjr  the  ilealii  of  the  Hon"  Thomas 
L.  Hamkr,  a  Representative  elect  from  the  Slate  of  Michigan. 

Resolved.  itiianiiiwu!flij.  That  the  memhers  of  tlie  Senate,  from  a  sincere  desir*  of 
showinp  every  mark  of  respeet  to  the  memory  of  the  deceased,  will  wear  the  usual 
ba'ilje  of  niournin:.'  for  thirty  da\s. 

Rrsolveil,  That  as  a  further  mark  of  respect  for  t)ie  memory  of  th«  d«c«u«d,  |h« 
Senate  do  now  adjourn. 

The  resolutions  having  been  nnanimously  adopted, 
Tho  Senate  adjourned. 


42 


THE  LATE  SENATOR  FAIRFIELD. 


]M 


ONDAY 


MONDAY,  DECEIMBER  27,  1847. 


THE    LATE    SENATOR    FAIRFIEtD. 

Mr   BRADBURY  rose  and  addressed  the  Senate  as  follows : 
Mr.  President.— I  rise  for  the  performance  of  a  duly  too  jvinlul 
for  language  to  descril.e.     One  wl.o  was  with  ns  in  this  chamber, 
at  the   last  meeting  of  the  Senate,  attondinfr  to  his  olieial  duties 
assisting  in  our  deliberations.  a«d  as  conhdently  looking  forward 
to  the  future  as  those  who  are  now  present,  ha.s  suddenly  fallen  in 
our  mid.st.     He  is  now  numbered  with  the  dead      Four  times  has 
the  Senate  already  been  called  during   the  few  days  of  its  session 
to  manifest  the  l,.st  tokens  of  respect  lor  the    '''""'■;:<' dead,  who 
have  been  prevented  from  entering  upon  the  held  ol  their  labors  in 
the   present    Congress.      Now,   the   destroyer  has  entered  these 
halls,  and  struekifown  his  victim  belore  our  eyes.  , .    ,    , 

The  Hon  John  Fairfield  is  no  more.  He  died  at  his  lodg- 
ings in  this  city  on  Friday  last.  The  sudden  and  startling  an- 
nonncement  of  his  death  preceded  the  intelligenee  ol  danger.  On 
the  morning  of  that  day  he  was  in  his  usual  health,  and  met  his 
friends  with  his  aecuslomed  cheerfulness  and  cordiality.  At  noon 
he  submitted  to  a  suriiical  operation,  to  which,  with  iindoubting 
confidence,  he  had  looked  forward  for  relief  from  an  i^jfirmity  under 
which  he  had  labored.  His  physical  energies  were  not  equal  to 
his  fortitude  and  courage.  His  system  sank  under  the  unabated 
an<rnish  which  followed,  and  at  twenty  minutes  belore  eight 
o'clock  in  the  evening,  in  the  full  possession  of  his  mind,  he  breath- 
ed his  last.  Scarcely  had  the  friends  that  were  with  him  anticipated 
danger,  when  his  pure  spirit  took  its  ilight. 

From  an  affliction  so  appaling  it  is  difficult  to  divert  attention, 
even  to  contemplate  for  a  moment  the  life  and  character  of  the 
deceased.  Gov.  Fairfield  was  born  at  Saco,  in  the  county  of 
York  Maine,  January  30,  1797.  fii  that  place  he  has  ever  resided. 
Distini-uished  by  an  ardent  love  of  knowledge,  an  active  mind,  and 
great  strength  of  purpose,  on  arriving  at  manhood  he  devoted  him- 
self to  the  study  of  the  law.  and  entered  a  profession  which  has 
contributed  its  full  share  in  the  establishment  and  defence  of  con- 
stitutional liberty.  At  the  bar  he  soon  acquired  such  reputation 
that  he  received  from  the  Executive  of  the  State  the  appointment 
of  reporter  of  the  decisions  of  the  Supreme  Judicial  Court . 

While  in  the  successful  performance  of  the  duties  of  this  office, 
he  was  called  by  the  electors  of  the  first  Congressional  district, 
without  solicitation  or  desire  on  his  part,  to  take  his  place  in  the 
councils  of  the  nation  as  a  Representative  in  Congress.  He  re- 
ceived a  re-election,  and  it  is  well  known  that  he  discharged  the 
responsible  duties  devolved  upon  him  on  trying  occasions  in  a  man- 
ner alike  honorable  to  himself  and  to  his  constituents. 

His  services  were  now  demanded  in  a  different  sphere.  He  was 
elected  Governor  of  his  native  State  ;  and  so  stronij  was  his  hold 
upon  the  confidence  and  regard  of  the  people,  tliat  he  was  thrice 
re-elected  to  the  same  exalted  station.  It  was  dnrinir  this  period 
of  his  public  life,  when  great  and  unusual  responsibilities  were 
thrown  upon  him  as  the  Chief  Executive  of  the  State,  growing  out 
of  collisions  with  a  foreign  power,  that  he  displayed  a  decision  and 
firmness  of  character  which  commanded  the  respect,  and  fixed  upon 
him  the  attention  of  the  whole  country.  He  became,  emphatically, 
the  favorite  of  his  Slate  ;  and  he  was  now  transferred  from  its  Ex- 
ecutive chair  to  a  seat  upon  this  lloor,  to  fill  a  vacancy  created 
by  the  resignation  of  his  predecessor.  In  1S45  he  received  a  re- 
election to  the  Senate,  for  the  term  of  six  years.  It  may  be  re- 
marked, as  a  singular  fact,  that  in  all  the  offices  he  has  held,  he 
has  never  served  out  the  regular  term,  but  has  been  transferred,  by 
promotion,  to  a  higher  place. 

To  you,  Mr  President,  who  knew  bim  well,  and  to  the  Senators 
long  associated  with  him,  and  unitcil  by  the  tics  of  respect  and 
friendship,  I  need  not  speak  of  his  honorable  career  in  this  body. 
You  will  bear  witness  to  the  sound  judgment  and  ready  zeal  which 
he  brought  to  the  discharge  of  his  varied  iluties — to  that  honesty 
of  purpose  which  knows  no  guile — to  that  frankness  and  sin- 
cerity incapable  of  concealment — to  that  firmness  of  resolution 
which  no  dilRculties  could  shake  nor  dangers  overcome — and  to  that 
purity  of  life,  and  conscientious  regard  to  his  convictions  of  right, 
which  distinguished  him  as  a  man  and  a  Christian. 

How  happily  these  qualities  were  blended  in  his  character,  is 
known  '.o  you;  howjustly  they  were  appreciated  by  the  )icojde  of 
his  native  State  is  seen  in  the  confidence  they  yielded,  and  the 
honors  they  bestowed.  Asa  friend,  he  was  devotfd  and  sincere; 
nnd  few  tliere  are  who  have  secured  the  attachment  of  a  wider  cir- 
cle, or  bound  them  by  stronger  tics  of  allection.  His  loss  to  the 
public,  to  his  friends,  and  above  all,  to  his  deeply  alllieted  family, 
what  words  can  express!  I  cannot  atteiniit  it.  lie  has  left  be- 
hind his  example,  his  character,  and  the  inlliience  of  his  actions; 
and,  in  his  sudden  death,  the  admonition  is  again  repeated,  that 
"  public  honors  nnd  exalted  station  add  no  strength  to  the  tenure 
by  which  life  is  held." 

Mr.  NILES  then  udJres.sed  the  Senate  as  follows  : 
Mr.  IJresident:  On    this  melancholy   occasion — as   probably  no 
other  membor  of  the  Senate  hu»  liud  so  long  and  intimate  acquaint- 


ance with  him  whose  decease  has  just  been  announced— I  hope  to 
be  pardoned  for  adding  a  few  words  to  what  has  so  appropriately 
been  said  by  his  colleague.  In  closing  the  remarks  which  but  a 
few  days  ago  it  became  ray  duty  to  make  in  announcing  the  death 
of  my  late 'colleague,  I  took  occasion  to  remind  Senators  of  the 
little  and  brief  int'erest  which  we  have,  individually,  in  the  exciting 
questions  that  may  be  agitated  here.  I  then  little  thought  that 
the  first  example  of  that  obvious  truth  would  come  so  soon,  or  so 
near  home  to  myself— that  it  would  be  found  in  one  of  my  oldest 
and  most  intimate  associates  here.  We  came  into  the  public  coun- 
cils together,  twelve  years  ago,  and  although  our  associations 
were  interrupted  for  a  few  years,  they  were  renewed  on  my  re- 
turning to  the  Senate  at  the  commencement  of  my  present  term. 
I  then"came,  not  at  the  commencement  of  the  session,  but  in  the 
sprino-,  and  under  circumstances  which  may  be  fresh  in  the  mem- 
orics'of  some  Senators  present.  I  was  then  but  the  broken  frag- 
ment of  the  man  I  was  when  I  left  the  Senate  a  few  years  belore. 
Learning  that  two  of  my  old  friends  and  associates  were  together 
in  the  house  where  I  now  am,  I  joined  them  there.  Those  friends 
were  Silas  Wright  and  John  Fairfield— both  much  younger 
than  myself— and  then  both  in  full  health,  and  with  a  fair  prospect 
of  a  lon<T  career  of  public  usefulness.  But  how  inscrutable  are  the 
ways  of  Providence  !  They  have  both  been  removed  in  the  midst 
of  their  days  and  usefulness  from  this  world  of  conflict  and  trouble, 
whilst  I,  who  had  seemingly  but  a  frail  hold  upon  the  mere  selvage 
of  life,  have  been  spared  "to  witness  their  departure. 

The  death  of  the  first  was  a  severe  stroke  to  me,  as  it  was  to 
the  whole  country.  Perhaps  in  our  whole  history  no  man  has 
fallen  in  private  life  whose  death  produced  so  deep,  so  universal  a 
sensation  in  the  public  mind.  And  the  death  of  the  second  has 
been  to  me  a  blow  equally  severe,  and  in  some  respects  more  try- 
inn-  to  my  feelings,  as  I  was  with  him  at  the  time,  and  witnessed_ 
the  last  ebbing  piilsations  of  departing  life.  The  circumstances  of 
his  death,  too— so  sudden,  so  unexpected,  and  apparently  so  cause- 
less, adding  a  crushing  weight  to  the  severity  of  the  shock.  He 
died  without  a  struggle,  and'l  might  almost  say,  with  a  smile  on 
his  countenance,  as' his  soul  took  its  departure  from  its  earthly  ta- 
bernacle. A  long  and  intimate  acquaintance  with  Governor  Fair- 
field has  enabled  me,  justly.  I  think,  to  appreciate  his  character, 
both  in  his  public  and  private  relations;  but  this  is  n#t  the  time  or 
the  place  to  attempt  to  delineate  it,  as  any  hasty  efforts  of  mine 
would  evidently  do  great  injustice  to  his  memory. 

If  he  was  not  a  brilliant  star  in  our  political  galaxy,  he  was  all 
he  claimed  to  be— a  plain  unassuming  man,  never  attempting  to 
shine  or  to  attract  attention  to  himself;  but  with  his  strong  sense, 
sound  judgment  and  practical  views,  was  content  with  an  honest 
and  faithful  discharge  of  his  public  duties.  ,  „  ,  ,. 

The  strong  points  in  his  character,  were  sincerity  and  fidelity. 
If  ever  occasions  have  occurred  in  his  time  which  tried  the  souls 
of  men.  he  was  one  who  was  found  "faithful  among  the  faithless;" 
true  to  his  constituents;  true  to  his  country;  faithful  to  his  party; 
faithful  to  his  friends;  and  ever  true  to  his  principles. 

His  nature  was  centle,  kind,  peaceful,  and  benevolent;  appa- 
rently but  little  fitted  for  the  fierce  struggles  and  confiicts  ot  po- 
litical life.  But  with  these  qualities  were  united  great  energy  of 
character,  great  steadiness  of  purpose,  and  no  ordinary  share  of 
physical  aiid  moral  courage.  He  combined,  also,  many  of  the 
higher  and  more  substantial  elements  of  popularity;  and  hence  it 
was,  as  we  have  just  been  told,  that  he  for  many  years,  possessed 
that  strong  hold  upon  the  confidence  and  affections  of  his  constit- 
uents, and'of  his  friends,  whether  in  or  out  of  the  State. 

I  could  enlarge  upon  this  theme  with  the  warmth  and  ardor  with 
which  wo  all  delight  to  dwell  on  the  virtues  of  deceased  friends, 
which,  like  the  setting  sun,  seem  to  shine  brighter  as  they  take 
their  departure,  but  I  will  say  no  more.  He  is  gone;  another 
star  has  fallen.  He  is  removed  from  among  us,  at  the  very  time 
when  men  like  him,  of  matured  judgment,  of  subdued  passions,  ol 
peaceful  wisdom,  are  most  wanted  in  our  pubhc  councils.  The 
places  that  once  knew  him  here  and  elsewhere— m  the  councils  ol 
the  nations,  in  the  councils  of  his  State,  in  the  circle*  of  his  Iriends, 
and  in  the  family  circle— but  that  is  a  spot  too  sacred  for  me  to  m- 
t  rude— will  know  him  no  more  forever.  But  may  we  not  hope  that 
his  virtues  and  examples  will  long,  long  he  cherished  and  remem- 
bered as  the  last  legacy  he  has  left  his  country  t 

Mr.  NILES  concluded  by  offering  the  following  resolutions  : 

li,-f„h;il.  ummimou.-l!,.  Tl.at  H  lommilteo  f.P  iil.pointe.1  by  Ihc  \  ICE  PRt.slDKNT 
to  l:ik«  or,I.T  for  s„pern>tcn.li.is  the  luiieral  of  the  (l.morahle  J,iHS  Fairheld.  ^vhlch 
ttill  lalip  place  to-morrow  ol  twelve  o'elocli,  iiiemhaii,  and  that  Die  bernile  will  al- 
Ifnil  Ihesame.  ..   ,     c  r  j    ■       r 

Jlr.->ulv,U.  ,ina„imovsly,  That  the  members  of  the  Senate,  from  n  sincere  desire  of 
showiiiL-  every  mark  of  lesneet  due  to  the  memory  of  the  Hon.  .louN  1'  AlBncLD,  de^ 
ce.-L^e<l,  late  a  memlH-r  thereof,  will  go  inlo  monrning  lor  him  one  monUi,  by  Uie  usual 
mode  of  wearing  crape  on  the  lelt  ami.  ..  ^       ,  c 

JtmMnil.  iinunnmnislv,  That  as  an  additional  mark  of  respect  for  Uie  memory  ot 
the  lion.  John  KhrkikLd,  the  Senate  do  now  adjourn. 

Ordered,  That  the  Secretary  coraraiuiicate  these  proocedings  to 
the  House  of  Representatives. 
The  Senate  then  adjourned. 


December  28.] 


THE  LATE  SENATOR  FAIRFIELD. 


43 


TUESDAY,  DECEMBER  28,  1847. 


THE  LATE  SENATOR  FAIRFIELD. 

Mr  NILES,  chairman  of  the  committee  appointed  to  make  ar- 
rangements for  the  funeral  of  the  late  Honorable  Mr.  Fairfield, 
ma5e  the  following  report. 

The  committee  appointed  to  make  arrangements  lor  the  Hono- 
rable Mr.  Fairfield,  report  :  That  in  compliance  with  the  wishes 
of  the  family  and  friends  of  the  deceased,  his  remains  will  bo  re- 
moved to  his  late  residence  in  Maine,  and  delivered  to  his  lamily 
— to  be  there  interred.  . 

The  body  will  be  taken  from  Mrs.  Scott's— where  it  now  lies— 
to  the  depot,  this  day  at  half  past  four  o'clock,  P.  M.,  where  it 
will  be  delivered  into  the  charge  of  the  Hon, Mr.  Clark,  a  mem- 
ber of  the  House  of  Representatives  from  that  State,  who  will  ac- 
company it  to  Saco,  in  that  State,  to  be  consigned  to  the  charge  ol 

his  family.  „  ,,      .  ,  ,•  i 

The   committee  further   report  the  following   resolutions,  and 

recommend  their  adoption  : 

Bcsahed,  ummmouslij,  That  as  a  mark  of  rc^l.•?cl  lothc  memory  of  the  llonoralile 


J.iHN  Fairfield,  late  a  Senator  from  the  Slate  of  Maine,  the  Vice  President,  mem- 
bers  of  the  Sen'ate  and  its  olticers,  will,  at  iialf  past  fonr  o'clock  in  the  atYernoon  of 
ihis  day  accompanv.  in  iirocession.  his  mortal  remains  from  his  lale  residence,  to  the 
de|K)t  where  they  will  be  delivered  to  the  Hon.  Mr.  Clark,  a  member  of  the  House 
of  Representatives  from  the  State  of  Maine,  to  be  accompanied  by  liini  to  the  family 
of  the  deceased  in  said  State  ;  and  that  the  Speaker  and  members  of  the  House  of 
Representatives  be  respeclfnlly  invited  to  at'end. 

jirsi'li'rd  That  the  Chaplain  of  the  Senate  be  reciuested  to  deliverthe  funeral  ser- 
mon of  IhcHon.  John  Fairfielii,  at  the  capitol,  on  the  nexlSabbalh. 

lit'so/col.  Tlia*  a  copy  of  the  foregoinj;  resolutions  be  commnnicated  to  the  House 
of  Representatives,  .      ,.  .       ,  ,  , 

Ur^otvrd  That  the  Secretary  of  the  Senate  be  directed  to  pay  from  the  eontmeenl 
fund  of  the' Senate,  and  place  at  lire  dis|,osal  of  the  Hon.  Franklin  Clark,  for  the 
liincral  expenses  of  the  Hon.  John  Fairfield,  a  sum  eqnal  to  Ihat  usually  expended 
in  such  cases,  to  be  ascertained  and  drawn  for  by  the  committee  of  arrangements. 

The  report  and  accompanying  resolutions  having  been  read, 
The  question  on  the  adoption  of  the  resolutions  was  put,  and 
they  were  unanimously  .idopted. 
On  motion  by  Mr.  PHELPS, 
The  Senate  adjourned. 


WEDNESDAY,  DECEMBER  29,  1847. 


REPORTS    FROM    DEPARTMENTS. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the 
Secretary  of  the  Navy,  made  agreeably  to  law,  accompanied  by  an 
abstract  of  expenditures,  under  the  head  of  contingent  expenses, 
as  settled  and  allowed  at  the  office  of  the  Fourth  Auditor  of  the 
Treasury,  from 'the  1st  day  of  October,  1846,  to  the  30th  day  of 
September,  1847. 

Also,  a  report  of  the  Acting  Secretary  of  the  Treasury,  made 
in  pursuance  of  a  resolution  of  the  Senate  of  the  20th  instant,  ac- 
companied by  a  report  from  the  Commissioner  of  the  General 
Land  Office,  in  relation  to  the  information  required  by  a  resolution 
of  the  Senate  of  the  11th  February,  1846,  respectmg  the  public 
lands  subject  to  overflow,  in  the  State  of  Arkansas,  by  the  Mis- 
sissippi, Arkansas,  White,  Black,  Red,  and  St.  Francis  rivers  m 
said  State,  &c.;  which  was  ordered  to  be  printed. 

Also,  a  communication  from  the  Acting  Secretary  of  the  Trea- 
sury, transmitting  a  report  from  the  Commissioner  of  the  Gene- 
ral Land  Office,  in  answer  to  a  resolution  of  the  Senate  of  De- 
cember 7,  1847,  respecting  the  military  reservation  and  private 
land  claims  at  Sault  Ste.  Marie,  together  with  a  map  thereof. 

PETITIONS. 

The  VICE  PRESIDENT  presented  the  petition  of  Thomas 
Thompson,  a  British  subject,  praying  compensation  for  rescuing 
the  crew  of  an  American  merchant  vessel  wrecked  at  sea  ;  which 
was  referred  to  the  Committee  on  Commeree. 

Mr.  ATCHISON  presented  the  petition  of  William  W.  Gitt, 
prayinrr  that  the  heirs  and  representatives  of  claimants  to  lands 
under  tlie  act  of  February  17,  1815,  for  the  relief  of  the  inliabitants 
•f  the  late  county  of  New  MtWrid,  Missouri  Territory,  in  whoso 
favor  certificates  have  been  issued,  may  locate  the  same  upon  the 
unappropriated  public  lands;  whicli  was  referred  to  the  Committee 
on  Public  Lands. 

Also,  the  petition  of  Daniel  McKissick,  praying  that  a  patent 
may  be  issued  to  him  for  the  lands  settled  by  him  in  the  Oregon 
Territory;  which  was  referred  to  the  Committee  on  Public  Lauds. 

Mr.  DICKINSON  presented  the  petition  of  the  Common  Coun- 
cil of  the  city  of  Buffalo,  New  York,  praying  an  appropriation  for 
improving  the  harbor  at  that  place;  which  was  referred  to  the 
Committee  on  Commerce. 

Mr.  SEVIER  presented  the  petition  of  Jonathan  Lewis,  pr.ay- 
ing  compensation  for  depradations  committed  on  his  property  by  the 
Cherokee  Indians,  while  residing  among  those  Indians  under  a  per- 
mit; which  was  referred  to  the  Committee  on  Indian  Affairs. 

Mr.  DOUGLAS  presented  resolutions  passed  by  the  Legislature 
of  Illinois,  instructing  the  Senators,  and  requesting  the  Represent- 
atives of  that  State,  in  Congress,  to  use  their  efforts  to  procure  the 
assent  of  Congress  to  the  sale  of  the  salt  springs  in  Gallatin  coun- 
ty, and  the  ratification  of  all  salt  springs  heretofore  made  by  the 
State  of  Illinois  without  the  consent  of  Congress;  which  were  read 
antl  referred  to  the  Comraitte  on  Public  Lands,  and  ordered  to  be 
printed. 

Mr.  BREESE  presented  a  memorial  of  citizens  of  Illinois,  pray- 
in"  that  the  right  of  pre-emption  may  be  granted  to  the  Central 
Rail  Road  Company,  to  the  lands  along  the  route  of  their  road; 
which  was  referred  to  the  Committee  on  Public  Lands. 


Mr.  DIX  presented  the  proceedings  of  a  meeting  of  citizens  of 
New  York,  in  favor  of  the  adoption  of  measures  for  expediting  the 
mails  between  that  city  and  New  Orleans:  which  were  referred  to 
the  Committee  on  the  Post  Office  and  Post  Roads. 

Also,  a  petition  of  the  Common  Council  of  the  city  of  Buffalo, 
New  York,  praying  an  appropriation  for  improving  the  harbor  at 
that  place;  which  was  referred  to  the  Committee  on  Co;nmerce. 

Also,  a  petition  of  citizens  of  Buffalo,  New  York,  praying  an 
appropriation  for  improving  the  harbor  at  that  place;  which  was 
referred  to  the  Committee  on  Commeree. 

Mr.  WESTCOTT  presented  a  petition  of  citizens  of  Hillsbo- 
roui;h  county,  Florida,  praying  the  establishment  of  a  mail  route 
from  Tampti  Bay  to  Manitu  river;  which  was  referred  to  the  Com- 
mittee on  the  Post  Office  and  Post  Roads. 

Mr,  JOHNSON,  of  Marvland,  presented  the  memorial  of  David 
Myerle,  praying  indemnity  for  losses  sustained  by  him  in  his  efforts 
to  produce  water-rotted  hemp  for  the  use  of  the  Navy;  which  was 
referred  to  the  Committee  on  Naval  Affairs. 

Also,  the  petition  of  the  heirs  and  legal  representatives  of  John 
G.  Mackall,  deceased,  praying  compensation  for  properly  destroy- 
ed by  the  enemy  in  the  last  w.ar  with  Great  Britain;  which  was  re- 
ferred to  the  Committee  of  Clamis. 

Mr  STURGEON  presented  the  petition  of  the  heirs  and  legal 
representatives  of  George  Gibson,  deceased,  an  officer  in  the  Re- 
volutionary army,  praying  to  be  allowed  commutation  pay;  which 
was  referred  to  the  Committee  on  Revolutionary  Claims. 

On  motion  by  Mr.  BELL,  it  was 

Ordered,  That  the  memorial  of  the  representative  of  William 
Russwurm,  on  the  files  of  the  Senate,  be  referred  to  the  Committee 
on  Revolutionary  Claims. 

On  motion  by  Mr.  DIX,  it  was 

Ordered,  That  the  memorial  of 'Hugh  M.  McLean,  on  the  files 
of  the  Senate,  be  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  the  memorial  cf  Richard  S.  Coxe,  on  the  files  of 
the  Senate,  be  referred  to  the  Committee  on  the  Judiciary. 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  the  memorial  of  Thomas  Douglas,  on  the  files  of 
the  Senate,  be  referred  to  the  Committee  on  the  Judiciary. 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  was 

Ordered,  That  the  petition  of  Gilbert  Stalker  and  N.  B.  Hill, 
on  the  files  of  the  Senate,  be  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  was 

Ordered,  That  the  petition  of  James  F.  Sothoron,  on  the  files  of 
the  Senate,  be  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  BREESE,  it  was 

Ordered,  That  the  petition  of  the  heirs  of  Richard  McCarty,  on 
the  files  of  the  Senate,  be  referred  to  the  Committee  on  Revolu- 
tionary Claims. 


44 


ORDERS— BILLS. 


[Wednesday, 


On  motion  by  Mr.  DOWNS,  it  \v«» 
Ordered    That  the  memorial  of  flu-  forword  "fTicfrs  nf  the  late 
exploring  expedition,  on  the  files  of  ii..'  Se;  n'.     !.<■  refciica  to  the 
Committee  on  Naval  Affairs. 

On  motion  by  Mr.  BREESE,  it  waj 
Ordered,  That  the  petition  of  Stephen  Steele  and  James  Damil, 
on  the  tiles  of  the  Senate,  be  referred  to  the  Comniilleo  on  I  mate 
Land  Claims. 

On  motion  by  Mr.  SEVIEH,  it  was 
Ordered.  That  Joshua   Dod),'C  have  leave  to  witlnlraw   lii;^  ma- 
morial  aqd  papers. 

On  motion  by  Mr.  DOWNS,  it  was 
Ordered,  That  George  T.  Sinclair  have  leave  to  withdraw  his 
memorial  and  papers. 

On  motion  by  Mr.  DOWNS,  it  was 
Ordered,    That   the   legal  representative  of   William   Shippcn 
have  leave  to  withdraw  his  memorial  and  jiapcrs. 

NAV.\L    PENSIONS. 

On  motion  by  Mr.  BALDWIN,  it  was 
Ordered.  That  the  Committee  on    Pensions  be  di.sehargcd  from 
Ihe  further  consideration  of  tlie   resolution  passed   by  the   Senate, 
the  23d  instant,  in  relation  to  Naval  jiensions,  and  that  the  resolu- 
tion be  referred  to  the  Committee  on  Nav.al  Allaus. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 
Ordered,  That  the  Committee  on  Pensions  be  dischareed  from 
Ihe  further  consideration  of  the  petition  of  Hus;h  Wallace  Worm- 
ley,  and  from  the  further  consideration  of  the  memorial  ol  John 
Crosby;  and  that  the  said  petition  and  memorial  bo  referred  to  the 
Committee  on  Naval  Affairs. 

On  motion  by  Mr.  HALE,  it  wai 

Ordered,  That  the  resolution,  passed  by  the  Legislature  of  the 
State  of  New  Hampshire,  in  favor  of  the  passage  of  an  act  for  the 
removal  of  the  terms  of  the  Circuit  and  District  Courts  of  the 
United  States  for  the  District  of  New  Hampshire  from  Exeter  to 
Concord,  in  that  State,  be  referred  to  the  Committee  on  the  Ju- 
diciary. 

Mr.  DICKINSON  gave  notice  that  ho  would,  at  an  early  day, 
ask  leave  of  the  Senate  to  introduce  a  bill  for  the  relief  of  Jeanetto 
C.  Huntinglon,  widow  and  solo  executrix  of  William  D.  Cheever, 
deceased. 

Agreeably  to  notice,  Mr.  BAGBY  asUcd  and  obtained  leave  to 
bring  in  a  bill  authorizing  the  payment  of  interest  on  the  amounnt 
advanced  by  the  State  of  Alabama,  to  tlie  general  government, 
pending  the  Creek  hostilities  in  1836  and  l.'^37;  which  was  read  a 
first  and  second  times,  by  unanimous  consent,  and  referred  to  the 
Committee  on  Finance. 

Agreeably  to  notice,  Mr.  ASHLEY  asked  and  obtained  leave 
to  bring  in  a  bill  to  establish  a  permanent  general  pre-emption 
system  in  favor  of  actual  settlers  on  the  public  lands;  which  was 
read  a  first  and  second  times,  by  unanimous  consent,  and  referred 
to  the  Committee  on  Public  Lands. 

Agreeably  to  notice,  Mr.  DICKINSON  asked  and  obtained 
leave  to  bring  in  a  bill  for  the  relief  of  Asa  Andrews,  of  Ipswich, 
in  the  State  of  Massachusetts;  which  was  read  a  first  and  second 
times,  by  unanimous  consent,  and  referred  to  (he  Committee  of 
Claims. 

document    relating  to  the 
ommittee   of  Claims,  and  or- 


Mr.  DICKINSON  also  presented  a 
subject;  which  was  referred  to  the  Com 
dercd  to  be  printed. 


Agreeably  to    notice,    Mr.   BKADBURY    asked    and    obtained 
leave  to  bring  in  a   bill  changing  the  time  lA'   hohiing  the  terms  of 
the  Circuit  Court  of   the  United  Stales  in    the  district    of   Maine- 
which  was  rcail  the  first  anil  second  times,   by  imaninious  consent 
and  referred  to  the  Committee  on  the  Judiciary. 

On  motion  by  Mr.  YULEE,  it  wn* 

Ordered,  That  a  member  be  appointeil  by  the  Vice  Puksident 
to  fill  the  vacancy  in  the  Committee  on  Naval  Alfairs,  occasioned 
by  the  decease  of  the  Hon.  John  Eairkield. 

Mr.  CASS,  from  the  Committee  on  Military  Affairs,  reported  a 
hill  providing  for  the  further  prosecution  of  the  existin"  war  be- 
tween thi'  United  Stales  and  the  republic  of  Mexico;  wlii(di  was 
read  and  passed  to  a  second  reading. 

Mr.  CASS,  from  the  Committee  on  Military  Affairs,  repnrled  a 
bill  to  provide  clothing  for  volunteers  in  the  service  of  the  United 
States;  which  was  read  and  passed  to  a  second  roadin"-. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen. 
sions,  to  whom  was  referred  the  bill  to  continue  the  pensions  of 
certain  widows,  reported  it  without  amendment. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  to  compensate  John  M.  Mooro,  reported  it 
without  amendment. 


Mr.  BREESE  also  submitted  a  report  on  the  subject,  which 
was  ordered  to  be  printed. 

Mr.  WESTCOTT,  from  the  Committee  on  Patents  and  the 
Patent  Office,  reported  a  bill  to  provide  for  additional  examining 
clerks  in  the  Patent  Office,  and  fir  additional  fees  in  certain  cases; 
which  was  read  and  passed  to  a  second  reading. 

Also,  a,  communication  from  the  Commissioner  of  Patents,  re- 
lating to  the  subject;  which  was  ordered  to  be  printed. 

Mr.  PHELPS,  from  the  Committee  on  Finance,  to  whom  was 
rel'erred  the  memorial  of  Henry  Simpson,  administrator  of  George 
.Simpson,  deceased,  submitted  an  adverse  report;  which  was  or- 
dered to  be  printed. 

Mr.  WESTCOTT,  from  the  Committee  of  Claims,  to  whom 
the  documents  relating  to  the  claim  of  Lemuel'  B.  Nieholls  were 
referred,  submitted  an  adverse  report;  which  was  ordered  to  be 
printed . 

On  motion  by  Mr.  DAVIS,  of  Mississippi,  it  was 

Ordered,  That  the  Committee  on  Military  Affairs  be  discharged 
from  the  further  consideration  of  the  petition  of  James  Edwards, 
administrator  of  Edward  M.  Wanton;  and  that  it  be  referred  to  the 
Committee  of  Claims. 

On  motion  by  Mr.  DAVIS,  of  Mississippi,  it  was 

Ordered,  That  the  Commitlee  on  Military  Affairs  be  discharged 
from  ihe  further  consideration  of  the  petition  of  James  Edwards; 
and  that  it  be  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  ASHLEY,  it  -warn 

Ordered,  That  the  Committee  on  the  Judiciary  be  discharged 
from  the  further  consideration  of  the  petition  of  John  Bruce,  and 
that  it  be  referred  to  the  Committee  of  Claims. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  petition  of  Milledge  Galphin,  executor  of  the  last 
will  and  teslament  of  George  Galphin,. deceased,  submitted  a  re- 
port accompanied  by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  a  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  YULEE,  from  the  Committee  on  Naval  Affairs,  to  whom 
was  referred  the  petition  of  William  A.  Christian,  reported  a  bill 
for  his  relief;  which  was  read  and  passed  to  a  second  reading. 

Also,  a  bill  for  the  relief  of  the  heirs  of  Andrew  D.  Crosby: 
which  was  read  and  passed  to  a  second  reading. 

Mr.  UNDERWOOD,  from  the  Committee  on  Public  Lands,  to 
whom  was  referred  the  bill  to  allow  further  time  for  satisfying 
claims  for  bountv  lands  for  military  services  in  the  late  war  with 
Great  Britain,  and  for  other  purposes,  reported  it  without  amend- 
ment. 

Mr.  ATHERTON,  from  the  Committee  en  Finance,  to  whom 
was  referred  the  bill  from  the  House,  making  an  appropriation  to 
supply  in  part  a  delieiency  in  the  appropriations  for  subsistence  in 
kind,  of  the  army  and  volunteers  during  the  year  ending  the 
30th  June,  1848,  reported  it  without  amendment. 

On  motion  by  Mr.  ATHERTON,  the  Senate  proceeded  to  the 
consideration  of  said  bill  as  in  Committee  of  the  Whole. 

Mr.  ATHERTON.— It  will  be  perceived  that  this  bill  only 
makes  an  appropriation  in  part  to  supply  the  deficiency  which  ex- 
ists in  the  ajipropriation  for  the  subsistence  in  kind,  of  the  army 
and  volunteers  for  the  current  ^ar.  This  bill  has  passed  the 
House;  the  remainder  of  the  deficiency,  which,  in  the  whole, 
amounts  to  near  $4,000,UOO,  having  been  reserved  for  a  more  mi- 
nute and  particular  examination.  To  show  the  necessity  for  pass- 
ing this  bill,  at  this  time,  1  ask  that  the  letter  accompanying  it 
be  read. 

The  Secretary  then  read  the  following  letter  : 

War  Depaktment, 
Wnshinpton.  Pccfinber  17.  liM". 
Sir  :  I  have  the  honor  1o  by  before  you  »  letter  friuii  the  Commisstiry  Ceneral  show- 
inp  tile  pf^-ssiiif.'  neeessity  of  an  early  .i|i|iro|»riation  for  the  delieiency  in  llic  t'oininis- 
sary  Department.  It  is  exeeeiUn-lly  iin|tortaiir  to  tlie  jmblic  service  that  immediate  pro- 
Msioii  should  he  made  to  meet  the  delieiency  not  only  in  thai  department,  hnl  alw 
those  in  the  other  branches  of  the  War  llcpartnienl,  ibr  wliich  estimates  have  been 
made  and  submitted  to  Conjiress.  Any  delay  in  this  respect  will  be  highly  detrimental 
to  the  public  interest. 

Verv  respeclfnlly,  yonrohedeint  servant, 

WAI.  L.  M.ARCY.  Secretary  of  War. 
lion.  S.  V.  VivroN.  Cliairmaii  Committee  of  Ways  and  Means,  Honse  of  Repii. 

OrPlc  E  lir  Commissary  Gbserai.  or  PrnslsTttsi'ii. 

W.ashin^ton.  December    17,  tt^t7r 
Sin  1  I  have  the  honor  to  reiiort  that  Ihe  appropriations  applicable  to  "army  subsist 
ence"  are  nearly  exhausted. 

The  whole  silni  now  remaining  to  the  credit  of  such  appropriations  does  not  exceeil 
sixty  thousand  dollars  ;  and  that  sum  is  alisolntely  necessarv  to  meet  the  demaiiiU  of 
the  recriiitin^r  service, 

Rec-ent  information  from  tlie  principal  commi.ssnries  of  subsistence  in  Mexico. 
makes  it  tiecessarv  for  me  to  rcs]K'i-tfullv  ask  ihat  the  early  attention  of  Consress  may 
be  calli-d  to  my  "estimale"  of  the  tltli  November,  in  which  the  tK-ticiency  in  the  former 
appropriations  is  stated,  as  drafts  to  the  amount  of  five  hnndreil  thousand  dollars  may 
hi.  daily  expected  lo  reach  the  United  States,  and,  as  above  sliovvn,  this  departineni 
has  nil  means  of  pavinp  them. 

Most  resneeirnllv,  your  obedient  servant, 

GKO.  GIBSON,  C.  G.  8. 
Hon.  W.   I,.  Marcv,  Secretary  of  War, 


December  29. J 


THE  MADISON  PAPERS. 


^ 


without  retracing  onr  steps.  To  allow  the  honorable  Senator  an 
opportunity  to  express  any  reasons  that  he  may  have  against  the 
passage  ol  the  bill,  is  a  courtesy  which  I  would  be  disposed,  at  all 
times,  to  extend  ;  but  I  hope  that  the  Senator  will  not  press  any 
motion  for  delay.  I  should  be  very  uiuoh  gratified  if  the  bill  raiffht 
be  allowed  to  pass  to-day  ;  and  I  hope  the  Senator  will  withdraw 
his  proposition  for  postponement,  unless  there  bo  some  particular 
object  to  be  accomplished  by  it. 

Mr.  BUTLER. — I  have  so  many  dilTicultics  on  the  subject,  that 
if  the  vote  be  forced  upon  me  now,  I  shall,  very  probably,  he  con- 
strained to  vote  against  the  bill.  I  do  not  desire,  however,  to  pre- 
vent its  passage,  provided  it  receive  a  slight  modification.  1  am 
inclioed  to  think  that  the  papers  of  Mr.  Madison,  will,  in  time  to 
come,  be  more  valuable  than  they  are  now,  and  in  regard  to  ihr 
legacy  to  the  widow  of  that  distinguished  man,  I  would  not  de- 
prive her,  in  the  slightest  degree,  of  the  benefit  to  be  derived  from 
that  legacy  during  her  life-time,  but  there  is  a  provision  in  the  bill, 
I  percieve,  that  gives  her  the  power  to  dispose  of  the  fund  appro- 
priated  to  her  use,  by  will.  Now  if  I  could  modify  the  bill  in  this 
way,  to  give  $5,000  down,  and  S20,000  during  her  life-timc  for 
such  papers  as  a  committee  might  select,  I  would  be  entirely  wil- 
lina  ;  but  I  would  be  very  unwilling  to  give  the  benefit  of  this  le- 
gacy to  a  stranger.  I  am  entirely  in  favor  of  giving  it  to  Mrs. 
Madison  herself;  hut  how  far  I  would  give  her  the  (lower  of  dis- 
posing of  it  by  will,  I  am  not  now  preyiarcd  to  say.  I  say  to  the 
Senator  from  Kentucky  that  I  would  be  willing  to  give  $5,000 
down,  and  the  remainder  of  the  S20,O00  in  trust  for  her  during  her 
life-time  ;  and  if  the  papers  are  worth  more  than  that  sum,  I  would 
go  so  far  as  to  select  from  the  papers  so  much  of  them  as  will 
amount  to  that  value,  leaving  the  rest  to  rise  in  value,  as  I  believe 
they  undoubtedly  will,  and  to  be  purchased  hereafter  in  case  it  be 
deemed  expedient.  I  firmly  believe  that  these  papers  will  be  looked 
to  in  future  times  with  much  interest,  and  with  great  advantage, 
both  to  the  politician  and  the  scholar;  and  I  do  not  wish  to  deprive 
the  widow  of  Mr.  Madison  of  the  benefit  which  she  may  ultimately 
derive  from  their  increased  value  ;  but  to  give  her  the  right  to  dis- 
pose of  the  purchase  money  by  will,  perhaps  to  an  utter  stranger, 
is  a  thing  to  which  I  am  not  prcjiarod  to  consent. 

Mr.  BERRIEN. — If  this  money  is  to  be  considered  as  a  gratu- 
ity to  Mrs.  M.adison,  and  for  which  no  vaJue  is  received,  I  would 
very  readily  agree  with  the  suggestion  of  the  honorable  .Senator 
from  South  Carobna,  that  that  which  is  desiirned  as  a  gratuity 
should  be  personal  to  her,  enjoyed  during  her  life  and  terminate  at 
her  death.  But  if,  as  I  suppose  to  be  the  case,  it  is  a  purchase  of 
papers  conceded  by  the  honorable  Senator,  and  felt  I  presume  by 
the  great  majority  of  the  Senate,  to  be  of  great  and  increasing 
value  as  contaniing  the  ojiinions  of  one  of  the  most  enlightened 
statesmen  of  the  early  days  of  this  republic — if  it  is  to  be  consid- 
ered as  a  contract  between  the  government  and  Mrs.  Madison  as 
the  possessor  and  proprietor  of  these  papers,  for  which  value  is 
given,  then  I  submit  to  my  honorable  friend  that  the  money  which 
is  so  given  is  no  longer  the  money  of  the  government,  but  becomes 
the  money  of  the  other  parly  to  the  contract,  and  subject  exclu- 
sively to  her  disposal.  Sir,  the  provisions  in  this  bill  arc  not  intro- 
duced from  any  idea  that  this  is  a  gratuity,  but  considering  the 
sum  which  it  is  proposed  to  appropriate  to  be  a  sum  for  which  we 
receive  a  valuable  consideration.  I  suggest,  then,  whether  it 
would  be  proper  that  we  should  place  any  restraint  upon  the  dis- 
position of  the  money  after  its  ownership  has  thus  been  changed, 
and  I  shoidd  hope  that  ihe  honorable  Senator,  .after  witnessing  '.he 
expression  (jf  the  disposition  on  the  part  of  a  majority  of  the  Se- 
nate, that  this  b  II  should  be  allowtxl  to  pass,  would  not  persevere 
in  opposing  its  passage  at  this  time,  in  order  that  it  may  avoid  en- 
countering the  fate  which  it  met  at  the  last  session  in  consequence 
of  unnecessary  delay. 

Mr.  BUTLER. — I  have  not  had  time  to  examine  the  manu- 
script, nor  am  I  convinced  that  CongreiiS  might  to  purchase  the 
whole  of  them  at  this  tunc;  and  1  believe  also,  as  has  been  alrcadv 
suizgested,  that  these  manuscripts  will  become  more  valuable 
hereafter,  and  I  desire  that  Mrs.  Madison  shall  receive  the  full 
benefit  of  her  dlustrious  husband's  works.  I  would  be  perfectly 
perfectly  wil'ing,  as  I  have  said  already,  to  Mrs.  Madison  all  that 
she  desires  during  her  life  time  lor  such  papers  as  may  be  selected 
by  a  committee.  In  this  way  everything  that  is  necessary  will  be 
accomplished,  but  I  must  repeat  that  if  the  bill  be  forced  upon  me 
as  it  stands,  I  .■-hall,  very  reluctantly — for  it  is  contrary  to  my  dis- 
position to  opjiosc  a  matter  of  this  kind — be  compelled  to  vole 
against  it;  for  1  am  not  now  prepared  to  vote  for  it,  and  I  am  not 
willing  to  be  forced  into  a  vote  before  I  am  prepared.  I  only  ask 
time  to  examine  the  nitttcr,  and  it  may  be,  when  I  have  made 
that  examination,  that  I  will  yield  up  mv  objections;  but  I  cannot 
give  them  up  without  an  opportunity  of  satisfying  myself  in  re- 
gard to  them;  for  I  should  distrust  myself,  in  such  a  case  as  this, 
lest  my  feelings  should  get  the  better  of  my  judgment. 

Mr.  CRITTENDEN.— I  certainly  had  hoped  that  the  Senator 
would  be  content  to  yield  his  opposition,  after  witnessing  the  man- 
ifest disposition  of  the  Senate  that  the  bill  should  pass  If  the 
honorable  Senator  jicisists  in  his  desire  for  the  postponement  until 
to-morrow,  I  will  acquiesce. 

Mr.  CRITTENDEN. — I  will   only  suggest    to  my  honorable  Mr.  BUTLER. — I  do  desire  its   postponement,  and  perhaps  I 

friend,  th.at  the  bill,  by  a  vote   of  the    Senate,   has  passed  beyond  may  givoup  my  objections.       I   have   not  had  time,  or  if  I  bad,  I 

that  stage  when  it  would  be  subject  to  amendment,  and  therefore,  have  not  availed  mj'seif  of  it,  to  examuie  the  subject,  so  as  to  ena- 

if  his  object  be  to  amend  the  bill,   it   cannot  well  be  accomplished  ble  me  to  vote  mteiligently. 


Mr.  JOHNSON,  of  Maryland.— I  rise,  sir,  not  for  the  purpose 
of  oflfering  any  opposition  to  the  passage  of  this  bill,  but  to  ask 
the  chairman  of  the  committee,  if  he  knows  what  is  probably  the 
entire  deficiency  in  the  estimates  ;  and  if  he  can  also  explain  to  the 
Senate,  why  it  is  that  the  estimates  were  not  sulTieiently  large  at 
the  last  session. 

Mr.  ATHERTON. — In  reply  to  the  honorable  Senator  from 
Maryland,  I  will  say  that  it  appears  from  the  estimates  which  have 
been  furnished,  that  the  entire  deficiency  is  $3,987,939  74. 

Mr.  JOHNSON.— (In  his  seat.)     Nearly  four  millions. 

Mr.  CALHOUN.— (In  his  seat.)     Up  to  this  date  t 

Mr.  ATHERTON.— Nearly  four  millions  for  the  current  year. 
To  show  the  reason  for  the  de'fieiency  in  the  estimate  for  the  ap- 
propriation for  the  current  fiscal  year,  I  would  ask  that  the  letter 
from  the  Commissary  General  of  Subsistence,  bo  read. 

The  Secretary  then  read  the  following  letter  ; 

OrnCE    OF    CoMMISSiRT    GeSEBAI,    op    SCOSISTESCE. 

Wasltington,  November  I>,  1H47. 

PlR  :  In  MilmiillinR  Willi  IhU  »n  "estimnle  of  the  proliiihle  amount  th»t  will  be 
Tei[ilired  lo  infft  the  (Iclicieney  in  the  former  ;i[)piopriation  for  the  subsistence  ol  the 
repulararniy  atMi  vohiiUeers  in  the  service  of  the  ITnited  States  from  December  1.  I''47, 
to  .Tune  3(1, 'IH4H,"  I  Iiavethe  honor  to  make  the  followinf^  report  in  explanation  : 

.\t  the  time  when  this  (lej,artiiirnt  was  niakiniz  heavy  purchases  for  shipment  to 
Vera  Crnz,  Mexico,  and  to  the  montn  of  the  Rio  Grande,  Texas,  larpe  shipments  of 
breadstufts,  as  well  as  other  articles  composing  the  army  ration,  were  being  made  to 

Enrope.  ,  ,    '        i.   ic 

The  shipments  lo  Europe  enhanced  the  price  of  produce  in  penera!  nearly  one  hall 
of  iu  previor.s  value  ;  anil  this  enhaueed  price  was  kejit  up  for  some  months. 

My  auntial  estimate  of  the  probable  price  of  the  ration  made  Novendier  10.  IJMd, 
was  only  iifteen  cents.  That  estimate  of  course  was  ni.rde  al  the  time  without  any  ex- 
peclation  of  such  a  rise  in  the  price  of  produce,  atid  fell  far  short  of  the  cost  of  the  ra- 
tion by  purchase. 

The  appropriation  for  the  ten  additional  repimeiitsof  regular  troojis  (authorized  af- 
ter my  estimate  of  November  in,  If^41i.)  was  made  for  only  four  months — say  from 
IMarcIi  1,  1847,  to  June  30,  I?47.  All  Ihe  troops  comirosing  those  regiments  are  now 
in  service,  will  probably  so  remain  up  to  June  311,  IJ^-iy,  and  w  ill  have  lo  be  subsisted 
to  that  date. 

Here  will  he  seen  a  deficiency  in  the  appropriation  of  one  year,  for  this  large  body 
of  troops. 

All  the  volunteers  who  entered  tbe  service  for  "one  year"  were  not  mustered  out  at 
the  expiration  of  their  time  ;  but  many  of  theai  had  to  be  subsisted  for  a  longer  jieriod 
than  Ihev  were  appropriated  for. 

Since  June  30,  1847,  nine  adilitional  regiments  of  volnnteers  have  been  called  into 
service  without  any  additiontil  nppr»priution  being  iiiadelo  meet  the  expen.se  of  sub- 
sisting them.     They  have  been  Milivisiiii  .o  far  out  of  the  last  annual  appropriation. 

The  portion  of  the  army  under  the  cumiiiand  of  Major  (Icneral  Scolt,  since  it  left 
Jalapa,  has  been  almost  wholly  snpphed  with  subsistence  from  the  coiinlry  in  the  vi- 
cinity of  its  0|ieralions,  and  at  prices  vrtrying  l"tom  twenty-six  to  thirty  two  cents  per 
ration — being  an  increase  from  eleven  to  seventeen  cents  per  ration  aiiove  the  estima- 
ted price. 

The  "recruiting  service"  has  tended  greatly  to  increase  the  expense  of  this  depart- 
ment, as  (he  complete  ration,  furnished  under  special  contracts  made  throughout  the 
eouniry.  costs  nearly  double  the  estimated  price. 

O.wing  10  the  nature  of  the  ciimale  of  Mexico,  nnd  the  imperfect  slorebooses,  (the 
articles  of  subsistence  being  perishable,)  much  has  been  lost  from  decay  and  wastage  ; 
as  also  from  wrecks  during  transportation. 

Ail  thcse'things  combined  will,  I  trust,  satisfactorily  show  the  necessity  as  well  .as  tlie 
correctness  of  tlie  estimated  deliciency  now  asked  for. 

Most  respectfullv,  vour  obedient  servant, 

GEO.  GIBSON,   ('.  G.  S. 

Hon.  W.  L.  Marcv,  Secretary  of  War. 

No  amendment  being  offered,  the  bill  was  reported  to  the  Senate. 
Ordered,  That  it  pass  to  a  third  reading- 
The  said  bill  was  read  a  third  time. 
Kesi'/vecf,  That  it  pass. 

Ordered,  That  the  Secretary  notily  the  House  of  Representa- 
tives accordingly. 

THE    MADISON    I'APEKS. 

Mr.  CRITTENDEN  rose  for  the  purpose  of  ini|uiring  whether 
the  bill  for  the  purchasing  of  the  papers  of  President  Madison  was 
not  the  order  of  the  day  for  this  day.  It  had  been  made  the  special 
order  for  Monday  last,  and  he  supposed  therefore  it  was  now  the 
first  business  in  order.  He  inquired  if  it  wouhl  not  come  up  for 
consideration  at  this  time  as  a  matter  of  cour.sc? 

The  PRESIDINti  OFFICER  replied  that  it  would  require  a 
motion  to  take  it  up. 

Mr.  CRITTENDEN  then  moved  to  proceed  to  the  consideration 
of  that  bill. 

The  motion  was  agreed  to,  and  tbe  bill  was  taken  up  for  con- 
sideration as  in  Committee  of  the  Whole. 


ideri 

Til 


le  bill  was  read  a  third  time  by  its  title. 

Mr.  BUTLER. — The  question  is  now,  I  believe,  on  the  passag* 
of  the  bill;  will  it  be  in  order  to  uiovc  that  it  be  made  the  special 
order  for  to-morrow?  I  am  not  fully  prepared  to  give  ray  vot« 
upon  it,  and,  if  I  am  driven  to  a  vote  at  this  time,  I  shall  lie 
compelled  to  vote  against  it.  I  desire  an  opportunity  to  make  a 
few  remarks  upon  the  subject,  iind,  perhaps  I  may  propose  to  mod- 
ify the  bill .  Will  it  be  in  order  now  to  make  a  motion  for  its  post- 
ponement until  to-morrow  ? 

The  PRESIDING  OFFICER.— The  Senator  is  at  liberty  to 
make  that  motion. 


46 


THE  MADISON  PAPERS. 


[Wednesday, 


Mr  CRITTENDEN.— If  the  centleman  desires  the  postpone- 
ment, I  shall  not  resist  it,  for  the  bill  will,  I  suppose,  come  up  of 
necessity  to-morrow. 

Mr.  WESTCOTT.— I  desire  to  make  an  explanation,  in  order 
tn  relieve  myself  from  the  imputation  of  inconsistency  in  votini;  as 
1  intend,  against  this  bill,  unless  it  be  altered,  in  view  of  the  vote 
which  I  cave  at  the  last  session.  The  bill  of  lust  .session  proposed 
to  <'ivc  Mrs.  Madison  the  same  sum,  twenty  thousand  dollars,  to 
be  Tnvcsted  in  stocks  for  her  nse,  and  Kvo  thousand  dollars,  to  be 
paid  to  her  immediately.  I  had  no  objection  to  that  lull.  1  re- 
carded  that  payment  not  as  a  fi'ih  or  a  pension,  but  as  a  eonsidcr- 
Stion  for  the  papers,  which  were  well  worth  the  money  ol  tlio 
American  public.  My  objection  to  the  present  bill  is,  that  it  cre- 
ates trustees  to  take  care  of  the  fund  for  Mrs.  Madison,  by  act  ol 


■  the  creation  of  such  oflicers. 


ales  

Congress.    There  is  no  precedent  for  ...- -.--  ,■        t 

I  doubt  the  power,  and  have  no  doubt  of  the  .rapropriety  ol  siicb 
legislation  by  Congress.  Congress  has  a  right  to  purchase,  but 
mrright  to  letter  iTie  payment  of  the  consideration  money,  with 
the  condition  that  it  shall  be  vested  in  trustees. 

Mr.  CKITTEiN'DEN.— (In  his  seat.)  It  was  at  the  request  of 
Mrs.  Madison  that  such  an  arrangement  was  made. 

Mr  WESTCOTT.— That  does  not  alter  the  case  with  me.— 
Her  consent  would  no  doubt  be  given  to  a  donation  in  anv  lorm,  as 
a  matter  of  course.  I  object  to  the  establishment  of  such  a  pre- 
cedent. If  it  were  a  mere  gratuity,  tlie  objection  would  not 
apply  but  as  this  is  a  consideration  paid  lor  papers,  the  objection 
is  with  me  insuperable.  I  cannot  vote  for  the  bill  m  its  present 
form  altliou"h  I  have  no  objection,  constitutional  or  otherwise,  to 
giving  the  money  in  consideration  for  the  papers  out-and-out  to 
ftlrs. Madison. 

Mr.  BADGER.— If  I  understood  correctly  the  remarks  which 
have  been  made  by  the  honorable  Senator  from  Florida,  he  has  said 
that  he  voted  for  the  bill  of  last  session,  but  if  pressed  to  vote 
on  the  present  bill,  ho  will  vote  against  it  for  certain  reasons 
which  he  has  assicned.  Now,  if  I  recollect  the  terms  of  the  bill 
which  passed  the  Senate  by  a  very  large  majority  at  the  last  ses- 
sion, it  was  liable  to  the  objections  stated  by  the  honorable 
gentleman  from  Flmida  in  a  still  higher  degree  than  they  can  bo 
possibly  supposed  to  apply  to  the  present  bill.  If  I  recollect 
aright  the  provisions  of  the  bill  of  last  session,  it  actually  went  so 
far'as  to  preclude  Mrs.  Madison  from  anticipating  any  ol'the  com- 
ing payments  on  account  of  interest  before  they  should  fall  due. 
But  what  are  the  objections  that  it  is  an  act  of  Congress  creating 
trustees,  and  on  which  the  honorable  gentleman  calls  in  ijuestion 
the  right  of  Congress  to  pass  such  a  bill  ?  With  very  great  res- 
pect lothe  opinion  of  the  honorable  gentleman^tnd  certainly  as  a 
lawyer,  as  well  as  on  other  grounds,  his  opinions  are  entitled  to 
the  hinhcsl  consideration — it  does  seem  to  me  that  he  has  presented 
an  entirely  new  phase  of  constitutional  dilficulty.  Congress  pro- 
poses to  buy  from  Mrs.  Madison  certain  papers,  and  the  bill  as- 
sumes that  these  papers  are  worth  twenty-five  thousand  dollars, 
which  sum  Concrcss  proposes  to  pay  to  the  proprietor  of  these  pa- 
pers, to  bo  held Tor  her  interest.  The  proprietor  of  these  papers 
is  willinc,  and  desires  that  payment  should  be  made  to  her  in  the 
following  manner:  that  of  the  twenty-five  thousand  dollars,  five 
thousand  should  be  paid  to  her  immediately,  and  the  remaining  twen- 
ty thousand  should  be  put  in  the  hands  of  three  gentlemen,  to  be 
held  by  them,  by  the  last  survivor,  and  executors,  and  administra- 
tors ol'  the  last  survivor  upon  trust,  who  will  pay  to  her  the  inter- 
est, with  power  to  her  to  dispose  of  the  principal  sum  by  her  last 
will  and  testament.  Where  is  the  constitutional  objection  here? 
The  money,  according  to  this  contract,  that  would  be  coming  to, 
and  be  due  to  Mrs.  Madi;  on  after  the  rive  thousand  dollars  are  paid, 
and  that  to  be  paid  into  the  hands  of  certain  trustees,  was  the 
money  of  the  government,  and  would  become  the  money  of  Mrs. 
Madison.  Well,  if  the  party  who  is  to  give  the  money,  and  the 
party  who  is  to  receive  it,  both  agree  to  a  certain  disposition  of  it, 
how  is  it  possible  that  tnere  can  bo  any  constitutional  difficulty  ? 
If  Congress  have  the  right  to  buy  the  papers,  and  pay  away  the 
money,  certainly  it  has  a  right,  with  consent  of  the  seller  of  the 
papers,  to  make  such  disposition  of  the  money  as  may  be  agreed 
upon.  Where,  I  again  ask,  is  the  dilhiMilty  t  Why,  Mrs.  Madi- 
son may  dispose  of  the  principal  fund  by  her  will,  and  in  conse- 
(|uence  of  this  arrangement,  the  honorable  Senator  supposes  that 
the  just  claims  of  creditors  may  be  evaded. 

Mr.  WESTCOTT.— (In  his  seat.)- It  is  tying  up  the  fund. 

Mr.  B.VDGER. — What  principle  of  constitutional  law  is  opposed 
to  '"lying  up  the  fund?"  What  )irliiri|ili'  of  cmnmon  law  is 
opposed  to  It  f  However,  sir  ,  the  bill  is,  1  in'licve,  to  slandover, 
and  I  will  not  detain  the  Senate.  Indeed,  I  should  not  have  made 
any  remarks  at  all  on  the  subject,  had  it  not  been  for  the  observa- 
tions of  the  Senator  from  Kloiida;  but  aware  of  his  disliniiuished 
lei;al  reputation,  1  was  afraid,  lest  it  might  go  out  that  we 
were  doing  some  strange  things  here,  and  that  by  our  legislation 
wo  were  about  to  disregard  tho  oblications  of  debtors.  It  seems 
to  me,  ns  tho  honorable  gentleman  from  Florida  knows  very  well, 
that  where  a  person  has  a  jiower  to  be  exercised,  according  to  his 
best  will  and  discretion,  he  must  exercise  it,  if  be  do  so  at  all,  fur 
the  beneht  of  creditors.  This  is,  therefore,  the  most  beneficial 
form  in  which  ccuurol  over  this  fund  could  be  csereiscd.  The  in- 
terest is  to  be  given  to  this  venerable  relict  of  a  most  distinguished 
tnan;  and  at  her  death  she  will  have  an  opportunity  of  bestowing 
that  fund  which  has  produced  the  interest  on  the  objects  of  her  riT- 


gard on  those  who  have  lingered  around  her  dying  bed,  and  min- 
istered to  her  in  her  decluiing  years,  and  to  whom  she  would  be, 
therefore,  disposed  to  leave  a  memorial  of  her  kindness  and  testi- 
mony of  her  gratitude.  For  one,  I  was  sorry  that  my  honorable 
friend  from  South  Carolina  felt  it  to  be  his  duty — acting,  as  I  know 
he  did,  from  the  purest  and  most  honorable  motives — to  make  the 
slightest  objection  to  the  passage  of  this  bill.  A  similar  bill  was 
passed  at  the  last  session  by  a  decided  vote.  This  is  one  of  those 
cases  in  which  it  may  be  truly  said,  that  in  order  that  this  act  may 
be  really  kind,  it  ought  to  be  done  promptly — early.  The  subject 
has  been  fully  considered. — ^the  sense  of  the  Senate  has  been  fully  de- 
clared— and  never  was  there  a  case,  as  it  appears  tome,  in  which  . 
we  could  with  more  propriety,  as  was  said  by  my  friend  from  Ken- 
tucky the  other  day,  convert  this  into  a  new-year's  arrangement, 
shedding  joy  and  gladness  over  the  declining  days  of  one  so  much 
esteemed  for  her  own  sake,  as  well  as  being  the  relict  of  so  emi- 
nent a  citizen  of  this  republic.  But  under  the  rule  I  suppose  the 
subject  lies  over,  and  I  will  not  trouble  the  Senate  with  any  further 
remarks. 

Mr.  WESTCOTT.— The  honorable  gentleman  from  North 
Carolina  has  totally  misconceived  me  ;  but  as  it  is  suggested  that 
this  bill  will  come  up  again  to-morrow,  I  shall  defer  any  further 
remark*. 

On  moti.in  by  Mr.  BUTLER,  it  wa« 

Ordered,  That  the  further  consideration  of  the  bill  be  postponed 
until  to-morrow. 

RESOLTTTIONS. 

Mr.  CASS  submitted  the  following  resolution,  which  was  con- 
sidered by  unanimous  consent,  and  agreed  to  : 

Rrso/ved,  Tliat  the  Committee  on  Military  Affairs  be  instrueteil  to  iiuinire  inio  tlie 
Jiistioe  and  jiropriety  of  providing  tor  tlie  fiiltilnient  of  the  contract,  entered  into  hy 
the  Secretary  of  War,  on  tlie  l'.ith  day  of  March,  IKiU,  under  the  authority  of  the 
Joint  Resohilion  of  Congress  of  the  i;ith  of  February,  J839,  "to  contract  with  J.  B. 
and  ]'.  Fcrribault,  for  the  inirchase  of  the  island  at  tlie  confluence  of  the  St.  Peter's 
and  Mississipijt  rivers. 

Mr.  BREESE  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  : 

Tir.^olv€il,  That  the  Committee  on  Public  Lands  be  instructed  to  inquire  into  theex- 
[M^diency  of  allowinf;  to  the  Registers  and  Receivers  of  the  several  land  offices,  for 
their  services  under  the  ninth  section  of  the  act  of  the  11th  February  last,  the  same 
comiiensalion  as  is  now  allowed  by  law  when  money  is  paid  on  tlie  entry  and  pur- 
chase of  land. 

Mr.  SEVIER  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  te  : 

Rfnolvc'l,  That  the  Commitlee  on  Public  Lands  be  instructed  to  intiuire  into  the 
expediency  of  allowing  a  reasonable  compensation  to  such  receivers  of  tlie  public  mo 
ney  as  jierionn  the  duties  of  a-ssistanl  Treasnrers  of  tlie  United  Slates. 

REPORT  OF  THE  GENERAL  LAND  OFFICE. 

On  motion  by  Mr.  BREESE,  it  was 

Ordered,  That  two  thousand  extra  copies  of  the  report  of  tho 
Commissioner  of  the  General  Land  Office,  with  the  accompany- 
ing maps  and  diagrams,  be  printed  for  the  use  of  the  Senate  ;  and 
that  two  thousand  additional  copies  of  the  map  of  surveys  in  Flo- 
rida, accompanying  said  report,  be  also  pruited  for  the  use  of  the 
Senate,     j 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Ca.mpbell,  their  Clerk  : 

Mr.  President :  The  House   of  Representatives  have  appointed  a   Committee  on 
Prmting.  on  their  part,  in  pursnam-e  of  the  jomt   resolution   of  the  two  Houses,  con- 
sisting of  Mr.  Conger,  of  New  York,  Mr.  Heuly,  of  ludianaf  and  Mr.  John  B.  Thomp- 
son, of  Kenlnckv. 

1  am  directed  to  notify  the  Senate  of  the  death  of  the  Hon.  Epw.vkd  BKArLHV, 
late  a  member  elect  of  the  present  Congress,  from  ihe  Slateof  Michigan,  and  of  the 
proceedings  of  the  House  of  Rejiresentatives  thereon. 

THE  LATE  HONORABLE  EDWARD  BRADLEY. 

The  resolutions  from  the  House  of  Representatives  having  been 
read, 

Mr.  FELCH  rose  and  .addressed  the  Senate  as  follows  : 

Mr.  President:  The  announcement  just  received  from  the  House 
of  Representatives,  arrests  the  attention  of  the  Senate  in  the  midst 
of  its  ordinary  business,  with  the  melancholy  tidings  of  death. 
Again,  and  again,  since  the  commencement  of  the  present  s^sion, 
sitiiilar  announcements  have  called  us  to  mourn,  with  the  country, 
Vlie  decease  of  distinguished  members  of  tho  present  Congress,  and 
to  pay  Ihe  tribute  of  respect  to  the  memory  of  departed  associates. 
If  the  melancholy  expression  of  our  feelings  here  cannot  restore 
the  deceased  to  life,  nor  recall  to  a  seat  in  these  halls  tho  trusted 
agent  of  a  confiding  constituency,  nor  restore  to  tho  domestic  circle 
its  stay  and  its  support,  it  may,  at  least,  show  that  we  cherish  a 
high  regard  for  the  memory  ol  tho  departed— that  we  appreciate 
his  virtues  and  abilities,  and  sympathise  with  those  who,  united 
with  tho  deceased  by  closer  ties,  have  felt  even  more  keenly  than 
we,  this  sad  dispensation  of  ProTidence. 

Edward  Bradley,  whose  death  is  thus  announced,  was  born 
in  the  cininty  of  Ontario,  in  tho  State  of  New  York,  in  Aprd, 
bStlK.  At  the  age  of  twenty-six  years  he  was  appointed  an  Asso- 
ciate Judge  of  the  Court  of  Common  Pleas  in  his  native  county. 

Previous  to  this  appointment  he  had  moved  in  the  humbler 
walks  of  private  life.    Engaged  chielly  in  agricultural  pursuits, 


December  29.] 


THE  LATE  EDWARD  BRADLEY. 


47 


with  few  advantages  of  early  education,  there  was  little  in  the  in- 
fluences by  which  he  was  surrounded  to  kindle  his  ambition  or  to 
stimulate  to  those  unceasing  mental  efforts  which  alone  can  secure 
high  attainments,  and  give  assurance  of  future  eminence.  But  his 
was  a  mind  of  no  ordinary  energies.  Availing  himself  of  every  op- 
portunity for  improvement,  he  gathered  knowledge  from  every 
source  within  his  reach,  acquiring  strength  in  his  struggles  with 
adversity,  and  accumulating,  in  his  contact  with  the  world,  the 
rich  treasures  of  mental  efficiency  and  practical  information. 

The  appreciation  of  his  merits  by  his  friends,  prompted  him  to 
still  more  ardent  efforts,  and  a  taste  for  forensic  discussion  in- 
duced him  to  become  a  devoted  student  of  the  law.  In  1839  he 
removed  to  Michigan,  and,  having  been  admitted  to  the  bar,  he 
devoted  himself  to  the  business  of  the  legal  profession,  and  soon 
acquired  the  reputation  of  an  able  lawyer,  and  an  eloquent  advo- 
cate. In  1842  he  was  called  by  the  suffrages  of  the  district  in 
which  be  resided,  to  a  seat  in  the  State  Senate,  and  ably  and  faith- 
fully performed  his  duties  in  that  station  during  his  term.  In  1846 
he  was  elected  a  meraber-of  the  House  of  Representatives  of  the 
Thirtieth  Congress. 

This  last  evidence  of  the  high  esteem  in  which  he  was  hold 
among  those  who  knew  him  best,  was  scarcely  received,  when  dis- 
ease marked  him  for  a  victim.  In  July  he  left  the  place  of  his 
residence,  intending  to  seek  the  restoration  of  his  health,  by  a  pro- 
tracted journey  to  the  capitol,  and  a  temporary  sojourn  on  the  sea 
coast.  The  end  of  this  journey  he  was  destined  never  to  reach. — ■ 
He  arrived  in  the  city  of  New  York  on  the  last  day  of  July,  and 
on  the  morning  of  the  fifth  day  of  August  he  was  numbered  with 
the  dead.  She  who  came  to  minister  that  aid  and  consolation 
which  his  debility  required,  returned  with  the  lifeless  remains  of 
her  husband  to  her  stricken  family,  the  widowed  to  the  fatherless. 

I  am  aware,  Mr.  President,  that  in  alluding  in  this  place  to  the 


virtues  of  the  deceased,  I  speak  to  those  who  have  had  no  oppor- 
tunity, by  personal  intercourse,  to  enjoy  his  friendship,  or  to  know 
his  worth.  He  was  called  to  the  world  of  spirits  when  about  to 
assume  his  position  among  the  represenlatives  of  this  people.  By 
his  death,  his  constituents  have  been  deprived  of  the  services  of  an 
able  representative,  and  the  country  a  faithful  guardian  of  the  pub- 
lic weal. 

Himself  the  architect  cf  his  own  fortunes,  his  sympathies  were 
with  the  struggling,  the  poor,  and  the  oppressed.  Ardent  in  his 
feelings,  and  strong  in  his  attachments,  he  was  nevertheless  toler- 
ant to  an  opponent,  and  forgiving  to  an  enemy.  At  the  bar,  in  the 
legislative  hall,  and  in  the  popular  assembly,  his  good  sense,  and 
strong  reasoning  faculties  always  commanded  attention  and  re- 
spect ;  and  by  his  eloquence  he  carried  persuasion  and  conviction 
to  the  hearts  of  his  auditors. 

If,  in  common  with  his  fellow  men,  he  had  his  faults,  they  were 
trivial  and  easily  to  be  forgiven  ;  while  his  virtues,  prominent  and 
numberless,  will  long  be  the  theme  of  praise,  and  his  early  death 
the  subject  of  heartfelt  sorrow. 

Mr.  FELCH,  in  conclusion,  submitted  the  following  resolutions, 
which  were  unanimously  adopted: 

ResolrrA,  inifivimotis/ij.  That  the  Senate  has  received  willi  deep  sensibility,  the 
message  from  the  House  oi^  Representatives.  announcin<.'  tlie  deatli  of  Hon.  ICoWAKli 
Bradli;v.  a  Representative  eleet  from  the  State  of  Michigan. 

Rr.'iiilred,  huajiimotisty.  That  \hi'  members  of  tlie  Senate,  from  a  sincere  desire  of 
showing^ every  mark  of  respect  to  the  memory  of  the  deceased,  uUI  wear  the  usual 
badge  of  monrning  for  thirty  days. 

Resolved,  That  as  a  furtlier  marit  of  respect  for  tlte  memory  of  the  deceased,  the 
Senate  do  now  adjourn. 

Whereupon, 
The  Senate  adjourned. 


4S 


PETITIONS— RESOLUTIONS,  ETC. 


[Thursday, 


THURSDAY,  DEC  EMBER  30,  1847 


PETITIONS. 

Mr.  UPHAM  presented  two  petitions  from  citizens  of  Oliio, 
praying  tho  establishment  of  a  ilaily  mail  l.ctween  Pitlslinrj;li, 
Pennsylvania,  ami  Mansliekl,  Ohi.)  ;  wliich  were  relcrred  to  the 
Committee  on  tlio  Post  Olficc  and  Post  Roads. 

Mr  UNDERWOOD  presented  the  petition  of  John  Leroy, 
prayinc  a  pension  on  aceount  of  the  loss  of  an  arm,  while  carrying 
an  express  for  tlie  array  in  Mexico  ;  which  was  referred  to  the 
Committee  on  Pensions. 

Mr  WEBSTEH  presented  the  petition  of  Henry  Hatch,  praying 
indemnity  lor  French  spoliations  prior  to  ISdO;  which  was  laid 
npon  the  table. 

Also,  the  petition  of  the  American  Peace  Society,  praying  that 
the  war  with  Mexico  may  be  brought  to  a  close,  without  the  fur- 
ther effusion  of  blood  ;  which  was  laid  on  the  table. 

Mr.  BREESE  presented  the  petition  of  citizens  of  Clay  county, 
Illinois,  praying  that  the  right  of  pre-emption  may  bo  granted 
to  the  Illinois  Central  Railroad  Compiiny  to  the  lands  along  the 
route  of  their  road;  which  was  referred  to  the  Committee  on  Pub- 
lic Lands. 

Mr.  DIX  presented  tlic  petition  of  Joseph  Buvehaid,  pr.aymg 
that  certain  duly  bonds  paid  by  him  as  surety  (or  John  S.  Roulet, 
may  be  repaid  to  him  ;  which  was  referred  to  the  Committee  on 
Finance. 

Mr.  BADGER  presented  the  petition  of  citizens  of  Johnston 
county,  North  Carolina,  pr.aying  the  establishment  of  a  post  office 
at  Bagby's  store,  in  that  county;  which  was  referred  to  the  Com- 
mittee on  the  Post  Office  and  Post  Roads. 

Mr.  BERRIEN  presented  additional  documents  relating  to  the 
petition  of  Mdledge  Galphin,  executor  of  George  Galphin,  de- 
ceased ;  which  were  referred  to  the  Committee  on  the  Judiciary. 

On  motion  by  Mr.  WEBSTER,  it  was 
Ordered,  That  the   memorial  of  the  President   and   Fellowj  of 
Harvard  College,  on  the   files  of  the  Senate,  be   referred  to  the 
Committee  on  Finance. 

On  motion  by  Mr.  DIX,  it  was 
Ordered.  That  the  petition  of  Maria  Ostrander  and  the  petition 
of  Sarah  Overbagh,  on  the  tiles  of  the  Senate,  be  severally  referred 
to  the  Committee  on  Pensions. 

On  motion  by  Mr.  RUSK,  it  was 
Ordered,  That  tlie  petition  of  Samuel  W.  Bell,  on  the   files  of 
the  Senate,  bo  referred  to  the  Committee  on  Indian  Affairs. 
On  motion  by  Mr.  CRITTENDEN,  it  was 

Ordered,  That  Sarali  E.  Graham  have  leave  to  withdraw  her 
petition  and  papers. 

PROCEEDINGS    AND    DEB.VTES. 

Mr.  MANGUM  submitted  the  following  motion  for  considera- 
tion: 

Ordered,  That  the  Vice  President  be  authorized  and  requested 
to  have  two  moveable  desks  provided  for  the  reporter  of  the  pro- 
ceedings and  debates  of  the  Senate,  and  his  assistants,  upon  the 
floor  of  the  Senate  chamber,  to  be  used  only  during  the  session  of 
the  Senate,  and  to  accommodate  two  persons. 

RESOLtJTIONS. 

Mr.  BADGER  offered  the  following  resolution,  which  was  con- 
sidered by  unanimous  consent,  and  agreed  to: 

Hesoheil,  Thai  tlio  Committee  on  Comiiierco  iin|iiiri,  into  the  experiiency  oi'  estali- 
Iifhinp  aihlitioiml  lluatinc  antl  slalionary  lis'ils;  and,  aUo,  additional  bnoys,  Itelow  and 
between  the  ^own  ol"  VVihiiint;lcin.  Nortli  C'aTohna,  and  llio  OL-caii. 

Mr.  CLAYTON  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  : 

Rcmilml.  Tina  llie  Coiiunittw  on  ronniieree  he  dirreled  to  inqnire  into  the  e\|«- 
tliency  of  mukinix  aiijirojination.,  for  llie  hntliont  in  the  river  Delaware,  at  Port  Penii, 
Delaware  Clly.  New  Ciutle.  anil  in  tho  Christiana  anrl  Mnhon's  river;  also  for  the 
eroetion  of  a  liglil  lion*e  on  the  hnrnl  (lier  0|)|i04ite  to  Fort  Milllin,  anil  that  the  report 
heretofore  made  hy  the  .Secretary  of  the  Treasnry,  with  the  aceompanyinfi  iloennientK, 
on  tho  elliedieney  of  a  jreneral  law  n-(|niriiiL'  venset,  liavijjntin^'  the  Uilaware  to  carry 
lif;ht«  in  the  nij;ht  time.  Ih.  taken  from  the  lile^nnd  refern-d  to  the  said  eonnnlKee. 

Hr$otred,  Tli.it  the  roininittee  on  roiniiii-rec  he  ilinieted  to  iniinire  into  llie  e\pe- 
ilivncy  of  n  law.  iei|nirinii  eonstint*  vi«»eU  of  tho  United  ytatcs  to  employ  appreiiUees 
iatlio  unvigation  of  nail!  veiwU. 

Mr.  BAGBY  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  : 

Rfsotveil,  That  the  Post nianter  (General  Iw  re(|ne!,ted  to  IrnnHiiin  to  the  Henate  all 
the  i>n|ien  on  lile  in  his  olhee  relntiii);  to  the  Irnnsportntiun  of  the  mail  hy  Jnniisou  and 
WilfiBniHon,  tM'twwu  Moiit^ulilery  and  Tuigaloo«a,  and  hutwcvii  !6vlnia  uud  Maplvh- 
ville,  Alahnuin 


Mr.  CLAYTON  submitted  tho  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  : 

Uestilvctl,  Thai  three  hnndred  and  fifty  copies  of  the  map  of  the  coast  survey  of  the 
Delaware  Bay  and  River  be  printed  for  the  use  of  the  Senate. 

PRIVATE  BILLS. 

Agreeably  to  notice,  Mr.  DICKINSON  asked  and  obtained 
leave  to  bring  in  a  bill  for  the  relief  of  Jeanette  C.  Huntington, 
widow  and  sole  execulrix  of  William  D.  Chcever,  deceased;  which 
was  read  a  first  and  second  times,  by  unanimous  consent,  and  re- 
ferred to  the  Committee  of  Claims. 

Mr.  CORWIN,  from  the  Committee  on  Public  Lands,  to  which 
liad  been  referred  the  petition  of  Cadwallader  Wallace,  made  a  re- 
port, accompanied  by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  a  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  ATCHISON,  from  the  Committee  on  Indian  AH'airs,  to 
which  had  been  referred  the  netition  of  Thomas  Talbot  and  others, 
made  a  report,  accompanied  uy  a  bill  for  their  relief. 

The  bill  was  read  and  passed  to  a  second  reading. 

Ordered,  That  the  report  be  printed. 

THE    BARQUE    CANTON. 

Mr.  DIX,  from  the  Committee  on  Commerce,  to  which  had 
been  referred  the  petition  of  William  Sayward  and  others,  reported 
a  bill  to  authorize  the  issuing  of  a  register  to  the  barque  Canton; 
■which  was  read. 

On  motion  by  Mr.  DIX,  the  Senate  proceeded  to  the  considera. 
tion  of  said  bill. 

The  bill  having  been  read  a  second  time,  was  considered  as  in 
Comuiitlee  of  the  Whole,  and  no  amendments  being  offered,  it  whs 
reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  lime. 

The  said  bill  was  read  a  third  time. 
Resolpcd,  That  it  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Oidered,  That  the  Secretary  notify  tho  House  of  Representa- 
tives accordingly. 

NOTICES    OF    BILLS,  ETC.  «. 

Mr.  YULEE  and  Mr.  BERRIEN  severally  gave  notice  that  on 
to-morrow,  or  at  an  early  day,  they  would  ask  the  leave  of  the 
Senate  to  introduce  certain  bills,  the  titles  of  which  they  named. 

Mr.  DICKINSON  pave  notice  of  his  intention  to  ask  the  Senate 
to  take  up  the  resolutions  heretofore  submitted  by  him. 

REGENT  OF  THE  SMITHSONIAN  INSTITUTE. 

On  motion  by  Mr.  BRKESE,  it  was 

Ordered,  That  a  metuber  be  appointed  by  the  Vice  President,  to 
fill  the  vacancy  in  the  Board  of  Regents,  occasioned  by  the  resig- 
nation of  the  Hon.  Lewis  Cass. 

Mr.  DAVIS,  of  Mississippi  was  appointed. 

COMMITTEE    ON    PRINTING. 

On  motion  by  Mr.  SEVIER,  it  was 

Ordered,  That  a  committee  on  Public  Printing  on  the  part  of  the 
Senate,  in  pursuance  of  the  joint  resolution  of  the  two  Houses,  be 
appointed  by  the  Vice  President. 

Mr.  Bradbury,  Mr.  Cameron,  and  Mr.  Greene,  were  ap- 
pointed. 

Ordered,  That  the  Secretary  notify  tho  House  of  Representa- 
lives  accordingly. 

On  motion,  it  was 

Ordered,  That  when  the  Senate  adjourn,  it  be  to  Monday  next. 

MILITARY    STATISTICS. 

The  Senate  jirocccded  to  consider  the  following  resolutions, 
submitted  by  Mr.  JOHNSON,  of  Md.,  on  the  23d  instant: 

Hrnoltrd,  That  the  tsecretarv  of  War  inform  the  Senate: 

fVr.'f.— What  has  been  the  whole  number  of  volunteer  troops  called  into  the  service 
of  the  United  States  since  the  13lh  May,  184ti? 

^rconil.' — (If  the  troops,  so  called,  what  has  been  the  whole  number  diselinr(;ed  from 
such  service  before  tlu-it  tenn  of  service  bad  eipiredj  luid  what  Uie  nuinlier  niusleresl 
out  of  the  service  of  the  Ignited  States? 

VVlirii.— What  has  Iteen  the  wliole  number  of  troops  in  M«ioo,  belonging  to  tjie 
i»)lular  army  of  the  United  States,  since  the  13tli  May,  1846? 

/'vitrfft.— WLtt  ii  th«  ttUMbtft  of  troops  «osv  lu  Mtfxiuo? 


December  30.] 


THE  TEN  REGIMENT  BILL. 


49 


Fifth. — W'liat  has  been  the  whole  number  of  offirers  and  men  belonging  either  lo 
the  ref^ular  army  or  the  volunteers,  who  have  been  killed  or  died  of  wounds  received  in 
battle  since  the  7th  May,  184t)  ? 

Siitli. — What  has  been  the  whole  number  of  officers  and  men  of  the  regular  anny 
or  volunteers  wounded  in  battle  since  tlieTtJi  May,  1840,  who  have  not  died  of  their 
wounds! 

Mr.  CASS  remarked  that  a  great  deal  of  the  information  sought 
for  by  the  resolutions  of  the  hoaorable  Senator  from  Maryland  was 
contained  in  the  report  of  the  Adjutant  General.  That  report  had 
not  yet  been  laid  upon  the  desks  of  Senators,  but  he  had  no  doubt 
that  it  would  soon  be  placed  before  them;  he  hoped,  therefore,  tlie 
honorable  Senator  would  permit  his  resolutions  to  lie  over  for  a  day 
or  two,  until  that  report  was  printed. 

Mr.  R.  JOHNSON. — I  was  aware  thai  some  of  the  informa- 
tion called  for  might  be  found  in  tliu  report  of  the  Adjutant  Gene- 
ral; but  my  purpose  was  to  have  all  the  information  that  is  called 
for  by  these  several  resolutions  together.  My  object  was  a  double 
one — that  the  information  which  we  have,  or  can  have,  without 
some  such  inquu'v  as  this,  will  not  show  the  Senate  or  the  coun- 
try the  number  of  men  who  have  died  of  disease  in  Mexico.  I 
propose,  and  in  my  opinion,  it  is  the  only  way  in  which  to  get  the 
information — -to  inquire  as  to  the  number  mustered  in  the  service 
under  the  act  of  the  13th  of  May,  1847;  the  number  of  these  dis- 
charged before  their  period  of  service  expired,  and  the  number 
mustered  out  of  service.  I  suppose  the  uiirerenee  between  the 
number  mustered  inlo  service,  and  the  number  mustered  out  of 
service'  not  accounted  for  by  the  number  discharged  in  the  mean- 
time, will  show  tlie  luimber  of  those  who  have  died  of  disease, 
less  the  number  of  tlioso  killed  in  battle.  I  have  asked,  therefore, 
in  addition,  for  the  number  killed  in  battle.  The  other  motive 
which  I  had  was,  (and  I  am  sure  it  is  one  in  which  I  sluiU  have 
the  concurrence  of  the  honorable  chairman  of  the  Committee  on 
Military  Affairs.)  to  laj  before  the  Senate  and  the  country  informa- 
tion which  I  think  will  satisfy  them  that  the  regular  army  is 
better,  in  all  respects,  than  any  volunteer  troops.  The  committee 
has  reported  a  bill  to  raise  ten  additional  regiments  of  regular 
troops,  and  also  reported  a  bill  to  raise  additional  volunteers 
for  the  war  in  Mexico.  My  opinion  has  always  been  not  that 
less  efficiency  is  to  be  found  in  volunteer  forces;  that  would 
be  contrary  to  the  history  of  all  times;  but,  as  the  Senator 
will  readily  apprehend,  it  is  impossible  that  the  same  degree 
of  discipline  can  be  exerted  over  the  volunteers  as  over  regular 
troops,  and  I  am  perfectly  satisfied  that  a  climate  like  that  of 
Mexico,  a  climate  in  the  highest  degree  insalubrious,  that  it  is  this 
want  of  discipline,  to  which  the  great  mortality  which  has  prevail- 
ed, is  owing.  Now  we  all  know  from  inlormation  that  lias  been 
laid  before  us,  that  at  the  commencement  of  the  last  session  of 
Congress,  there  were  actually  buried  on  the  banks  of  the  Rio 
Grande  of  those  who  had  died  of  disease,  twenty-five  hundred  men. 
Now,  without  saying  at  present  what  my  opinion  is  in  relation  to 
this  war,  as  I  may  do  at  some  subsequent  period  of  the  session,  I 
suppose  it  is  perfectly  obvious  for  some  time  at  least,  the  war  is  lo 
be  prosecuted,  and  it  is  all  important  I  think,  that  we  should  be 
furnished  with  this  information,  upon  which  public  opinion,  the 
opinion  of  the  Senate,  and  the  opinion  of  the  country  can  be  form- 
ed, which  will  enable  us  to  determine  what  is  the  best  description 
of  force  to  be  called  into  service.  Now  I  have  no  doubt  that  some 
of  this  information,  in  fact,  a  great  deal  of  it,  may  be  found  in  the 
report  of  the  Adjutant  General;  but  certainly  it  can  do  no  harm  to 
have  all  the  information  spread  before  us  at  once.  I  hope,  there- 
fore, that  the  honorable  Senator  will  make  no  opposition  to  the 
passage  of  the  resolution. 

Mr.  CASS. — No,  certainly  not,  sir;  I  have  no  objection  to  oh. 
taining  information.  I  merely  suggested  that  a  great  deal  of  it 
would  be  found  in  the  report  to  which  I  alluded. 

The  question  being  takeu  the  resolution  was  adopted. 

INCREASE  OF  THE  REGULAR  ARMY. 

Mr.  CASS.— There  is  a  very  important  bill,  which  was  reported 
from  the  Committee  on  Military  Affairs,  which  I  am  desirous  should 
be  taken  up  and  acted  upon;  I  mean  the  bill  for  raising  ten  addi- 
tional regiments,  and  I  move  the  postponement  of  the  previous 
orders,  and  that  the  Senate  preceed  to  the  consideration  of  that  bill. 

Mr.  CRITTENDEN.— I  hope  the  gentleman  will  allow  that 
motion  to  remain  for  a  few  mements,  until  the  special  order  from 
a  former  day  has  been  disposed  of.  There  is  a  bill  now  upon  its 
passage,  an(J  which  will  not  occupy,  I  believe,  ten  minutes,  which 
I  should  be  glad  to  have  taken  up  if  the  Senator  will  w.'thdraw  his 
motion  for  the  present;  and  unless  he  will  do  so,  I  shall  feel  con- 
strained to  oppose  his  motion,  which  I  shoultl  not  otherwise  be  dis- 
posed to  do. 

Mr.  CASS. — I  have  no  objection. 

THE    MADISON  P.A.PERS. 

The  Senate  resumed  the  consideration  of  the  bill  to  provide  for 
the  purchase  of  the  manuscript  papers  of  the  late  James  Madi.son, 
former  President  of  the  United  States. 

The  question  being  upon  the  passage  of  the  bill,  upon  which  the 
yeas  and  nays  had  been  ordered,  it  was  determined  in  the  affirma- 
tive, as  follows  :  . 

YEAS— Messrs.  Badger  Ba^by,  Baldwin,  Bell,  Berrien.  Butler,  Clarke.  Clayloii, 
Cotwin,  Crittenden.  Douglas  Foote  Greene,  Johnson,  of  Maryland,  Johnson,  of 
tiOmsiana,  Mangum,  Phelps,  Sevier,  Sturgeon.  L'i)ham.  Webster,  Y'ulee— M. 

30th  Cono. — 1st  Session— No.  7. 


NAYS — Atchison.  Atherfon,  Breese,  Calhoun,  Cass,  Davis,  ol  Mississippi,  Dick- 
ison,  Dix,  Felcli,  Male,  Turney,  Underwood,  Westcott — 13. 

So  it  was 

liesotrird.  That  the  bill  pass,  and  that  the  title  thereof  be  "An  act  to  provide  for 
the  purchase  of  the  inanusctipt  papers  of  the  late  James  Madison,  former  rresideutof 
the  United  States.'* 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

INCREASE    OF  THE  ARMY. 

Mr.  CASS  renewed  his  motion  to  proceed  to  the  consideration  of 
the  bill  to  raise,  for  a  limited  time,  an  additional  military  force. 

Mr.  CALHOUN. — I  hope  the  honorable  Senator  does  not  in- 
tend to  press  the  bill  to  a  decision  at  this  time.  The  Senate  is  ex- 
tremely thin,  and  it  is  a  question  of  so  much  importance,  as  every 
thing  must  be  which  is  connected  with  the  war,  that  I  submit  to 
the  Senator,  inasmuch  as  what  supplies  we  shall  grant  must  de- 
pend on  what  we  shall  determine  in  the  next  few  days  is  to  be 
done,  that  it  would  be  proper  to  allow  the  consideration  of  this  bill 
to  be  postponed.  If  the  Senator  is  determined  to  press  the  ques- 
tion upon  us  at  this  early  period,  and  before  any  one  has  had  time 
to  fix  his  own  mincf  in  regard  to  the  subject.  I  shall  be  constrained 
to  oppose  the  Senator's  motion. 

Mr.  CASS. — It  is  not  with  the  slightest  wish  to  express  my 
views  that  I  urge  this  measure;  but  because  I  think  the  good  of 
the  country  requires  it.  It  is  .simply  a  bill  for  raising  ten  regiments, 
the  details  of  which  were  all  arranged  by  this  body  at  the  last  ses- 
sion ;  it  is,  therefore,  simply  a  question  as  to  whether  we  will  au- 
thorize this  additional  force.  The  bill  is  drafted  in  the  same  way 
as  former  bills  for  the  same  purpose;  and  all  the  Senate  has  to  do 
is  to  say  whether  ten  additional  regiments  shall  be  authorized  to  be 
raised.  This  is  a  matter  which  is  intimately  connected  with  the 
progress  and  with  the  termination  of  the  war;  for  it  is  designed  to 
lead  to  its  termination.  The  bill  has  been  already  reported  some 
eight  or  ten  days,  and  I  therefore  hope  that  the  honorable  Senator 
will  allow  the  consideration  of  the  bill  to  be  proceeded  with  now. 
And  the  honorable  Senator  will  permit  liie  to  observe,  that  I  do  not 
see,  in  reference  to  his  resolutions,  how  they  are  to  bring  the  dis- 
cussion of  this  subject  before  the  Senate  better  th.an  it  may  be 
brought  by  this  bill.  The  object  of  the  gentleman  is  one  of  three: 
it  is  either  to  operate  upon  the  Senate,  or  upon  the  administration 
or  upon  the  country.  It  is  not  to  ojierate  upon  the  administration, 
because  the  President  expressly  says  that  it  is  the  intention  of  the 
administration  to  prosecute  this  war  with  the  view  of  extiniruish- 
ing  the  nationality  of  Mexico.  The  ground  the  administration 
takes  upon  this  subject  is  peculiarly  clear  ;  it  is  to  make  and  se- 
cure an  bono. able  peace.  To  attempt  to  prevent  the  American 
people  from  taking  pcssession  of  Mexico,  if  they  demand  it,  would 
be  as  futile  in  effect  as  to  undertake  to  slop  the  rushins  of  the  cata- 
ract of  Niagara.  I  myself  should  think  it  a  very  unfortunate  tliinrr 
to  extinguish  the  independence  of  that  country  and  annex  it  to  oiir 
own,  but  the  more   the   war  is  prolonged,  the  longer  it  is  suffered 

to  go  on,  the  greater  will  be  the  danger  of  such  an  occurrence. > 

What,  then,  is  the  issue  V  The  administration  say  they  do  not  In- 
tend to  conquer  all  of  Mexico.  That  project  is  disavowed  and  the 
fighting  line  is  disavowed,  and  the  only  thing  that  remains  is  to 
keep  possession  of  what  we  have,  and  extend  our  operations  as 
the  position  of  the  enemy  may  render  necessary,  and  as  our  means - 
may  enable  us.  Now,  in  my  view,  this  bill  may  be  taken  up  and 
disposed  of  without  determining  at  all  this  matter.  That  is  a  sub- 
ject which  is  not  involved  in  the  present  question.  Why  then 
should  we  stop  with  the  view  of  bringing  the  Senate  to  a  decision 
upon  this  point,  whicli  decision,  with  all  deference  to  the  honora- 
ble Senator,  seems  to  me  to  have  no  manner  of  connexion  with  the 
subject  before  us. 

Mr  CALHOUN. — As  the  Senator  has  avowed  his  intention  to 
proceed  with  this  bill,  and  to  press  the  question  upon  us  now,  I 
shall  be  compelled  to  oppose  it. 

Mr.  CASS. — For  the  personal  accommodation  of  the  Senator 
I  will  consent  that  the  bill  shall  lie  over  until  Monday.  Beyond 
that  day  I  cannot  consent  that  it  .shall  be  postponed. 

Mr.  CALHOUN.— My  ideas,  sir,  extend  far  iieyond  that.  I 
am  very  happy  to  hear  the  Senator  say  that  the  President  is  en-  - 
tirely  opposed  to  the  conquest  of  Mexico  and  the  extino-uishment 
of  her  nationality  ;  and  I  am  very  happy  also,  to  heai-'  that  the 
chairman  of  the  Committee  on  Military  Affairs  repeats  the  same 
thing-  That  being  admitted  as  among  the  greatest  calamities 
that  could  happen,  the  important  question  comes  up — how  shall 
we  escape  it  ?  Sir,  we  often  get  into  situations  which  we  nevei- 
intended  to  get  into.  We  got  into  this  war  although  we  never  in- 
tended to  get  into  it,  for  I  will  venture  to  say  that  in  this  body,  if 
the  question  had  been  propounded  to  them  of  war  or  no  war,  inde- 
pendent of  the  exigency  of  the  occasion,  there  would  not  have  been 
one  fourth  of  the  Senate  in  favor  of  it.  Now,  my  object  is  to 
guard,  not  against  consequences  that  are  contemplated,  but  against 
consequences  that  may  follow  from  the  measures  proposed — which 
consequences  are  not  contemplated.  That  is  the  object.  Now 
whether  this  additional  force  shall  be  granted,  will  depend  on  the 
fact,  whether  the  mode  recommended  by  the  Executive  to  carry 
on  this  war  will  not,  in  its  practical  consequences,  end  in  the  ex- 
tinction of  the  nationality  of  Mexico.  Now,  I  submit  to  the  Sena- 
tor himself,  whether  there  is  nothing  due  to  those  who  differ  from  * 
hira  in  opinion  in  regard  to  this  point  ?     He  may  think  tliat  the  po- 


50 


THE  TEN  REGIMENT  BILL. 


[Thursday, 


licy  recommended  by  the  administration  will  not  end  in  the  cxtin- 
ffiiislnnent  of  iho  nationality  of  Mexico,  lint  I  dUler  with  him  in 
tiiut  opinion,  and  until  I  am  satislird  that  ho  is  correct,  I  am  not 
prepared  to  vote  in  favor  of  the  measmc  that  is  now  jiroposed. 
Sir.  thon^h  the  honorable  Senator,  himself,  is  very  properly  o]). 
posed  to  the  extinguishment  of  the  nationality  of  Mexico,  \vc  know 
that  there  are  many  of  a.  totally  did'erent  opinion  ;  and  we  know 
lliat  there  are  many  who  believe  that  such  will  he  the  result,  whe- 
ther intended  or  not,  of  the  measures  proposed  by  the  administra- 
tion. And  I  am  one  of  those  who  entertain  this  belief.  Now  I  do 
think  we  ou^bt  to  poslpnne  action  on  the  bill  for  some  little  time, 
until  we  shall  have  determined  the  course  which  it  will  be  proper 
for  us  to  pursue,  and  with  this  view  of  the  (picstion.  1  shall  vote 
B<;ain.st  the  motion  of  the  honorable  .Senator. 

Mr.  CASS.— Will  the  Senator  allow  me  to  re.ad  this  short  ex- 
tract from  the  niessa^'e  of  the  President  ?— 

"It  I1.IS  been  couKiiiplateil  bv  nie,  as  an  nbji'cl  of  tlie  war.  lo  make  a  permanent 
eoiiiiuo-t  of  llie  ie|.nblii!  of  Mexn'o,  or  to  annilnlali'  lier  se|i.irate  esislenee  a<  an  niili- 
iienilent  nation,  tin  tlie  eontrarv,  it  ha.^  ever  been  my  desire  that  she  sltouli!  itiain- 
l.lin  her  nationahtv,  and.  under  a  {io()-\  soverniiietil,  ailapteil  to  lier  i-umhtron,  It,,  a 
frte,  inilepeie.lent,'allil  ()ros|icrous  re|iuhlic." 

This  is  exactly  the  course  of  policy  wliieli  the  administration 
intend  to  pursue.  For  my  own  pari,  I  do  not  see  the  practical 
operation  of  any  vote  on  the  snbject  in  this  body  disconnected  from 
some  practical  measuri\  In  the  discn.'-sion  of  this  subject  I  am 
aware  we  must  expect  animadversion.  We  must  expect  the 
orif'in,  procress,  and  results  of  this  war  to  be  attacked.  But  it 
seems  to  me,  we  want  tliat  this  hill  may  come  to  a  discussion  and 
a  decision  without  entering;  upon  the  nrcneral  question  of  the  origin 
and  progress  of  the  war.  I  had  iuteiidod  not  to  say  a  wbrd  about 
the  administration,  or  the  manner  in  which  this  war  arose.  I 
thou-iht  theie  was  a  common  giouiul,  where  we  might  all  unite  in 
regard  to  this  additional  force,  and  I  repeat,  I  yet  hope  the  Senate 
will  take  up  the  bill  and  proceed  to  its  consideration. 

Mr.  CAJ.HOUN. — A  word  only  in  reply.  I  am  aware  of  the 
views  of  the  President  in  regard  to  the  war.  I  have  examined 
with  great  care  the  policy  which  is  recommended  in  the  messat'o 
and  in  my  opinion,  the  result  of  that  policy,  if  carried  out, 
will  tend  to  the  precisely  opposite  course  to  that  professed 
to  be  contemplated  therein.  If  such  .should  be  the  dann-er 
wc  must  guard  against  it  in  some  way;  but  if  tliis  daiiWer 
does  not  exist,  then  there  will  be  no  necessity  for  any  steps  on  our 
part  to  guard  against  it.  But  with  my  present  intormation  I  am 
not  prepared  to  give  an  intelligent  vote  upon  the  subject. 

Mr.  CLAYTON. — There  i.s  not,  so  farasl  know,  any  disposi- 
tion on  this  side  of  the  chamber  to  delay  voting  supplies  for  the 
army;  but  I  hope  that  the  honorable  Senator  from  Miehiiran  will 
not  press  a  vote  upon  this  bill,  or  any  measure  of  this  description 
until  we  have  had  an  (ip|icu-tnnity  of  reading  the  report  of  the  Sec- 
relary  of  War,  ;ind  the  documents  accompanying  that  report. 
Sir,  has  any  Senator  011  tills  tioor  read  that  report  and  the  docu- 
ments ?^  I  doubt  it.  Tliey  have  not  been  printed;  or,  if  printed 
certainly  not  yet  furnished  to  the  Senate;  and  it  seems  to  me  that 
action  at  this  time  upon  a  subject  of  this  importance  without 
aflbrding  an  opportunity  for  perusing  those  documents, 'would  be 
highly  imjiropcr.  Anil  it  will  be  ))ereeived,  also,  by  the  honorable 
.Senator,  that  tin-  seats  imi  this  side  of  the  chamber  are  not  tilled 
.and  I  trust,  therelore,  that  he  will  agree  to  a  postponement  of  the 
measure,  for  the  present  at  least,  without  naming  a  particular 
day  for  its  consideration,  because  we  cannot  tell  on  what  day  the 
members  of  this  body  will  be  in  attendance.  Whenever  they  mav 
be  in  attendanee,  anil  the  rc]iorts  furnished  to  us  for  perusal,  we 
shall  be  ready  to  act  upon  the  subject.  1  have  not  seen  a  single 
copy  of  that  important  ducunient,  the  rejiort  of  the  Secretarv^of 
War,  nor  have  ]  seen  the  documents  occompanyiu"-  the  Presi- 
dent's message,  nor  the  reports  of  any  of  the  secretaiTes. 

Mr.  CASS.— I  am  not  unwilling  that  the  Senate  should  have  ,an 
opportunity  to  examine  those  documents,  but  this  is  too  import-uit 
a  measure  to  be  delayed.  I  will  con.sent  that  it  shall  bo  delavud 
until  Monday,  however,  for  the  accommodation  of  Senators-  Init 
regarding  it,  as  I  do,  as  a  measure  of  great  public  importance  I 
cannot  consent  to  its  iiostponement  beyond  that  day  With  regard 
to  the  report  of  «he  Secretary  of  War,  it  gives  you  all  the  dcTails 
necessary  to  lorm  an  opinion  upon  measures  o'f  this  deserintioii' 
It  IS  entirely  unnecessary  to  refer  to  the  report  of  the  Quartermaste,' 
General  (or  details,  btjcause  the  great  facts  connected  with  the 
moasure  now  proiiosed  are  spread  before  you  clearly  and  eoncli, 
sively  in  the  report  Irom  the  War  Department,  I  say  a^ain  th-.t 
1  the  geiitlenian  will  be  satisti.;d  with  a  postponement  until  Mon- 
day, I  will  agree  to  it;  but  lurther  than  that  1  cannot  go. 

Mr.  IIERRIEN.-Besidethe   consideration   of  the 'thinness  of 
the  Senate,  there  is,  in   my  judgment,  ample  reason  for   the  nest 
ponemcntol  the  consideration   of  this   hill,  until  the   Senate   shall 
have  disensscd  the  resolutions  submitted  by  ihc  honorable  Senator 
roni  South  Carolina,  as  well  as  those  which  have   been  submitted 
by  the    luuir.rable   Senator  from    New  York.     Sir,  wo   arc  called 
upon  by  this  bill,  and  others  thai  will  succeed  it,  to  a,Kl  „  f,„.,..,  „,• 
JD.DDII  men  10  the  army  of  the  United  Sttites.     We  have  the  re 
commendation  of  the   President  to   that  ed'cct.     We  have  his   an 
inoval  10  us  of  tho  report  of  the  Seeretarv  of  Wtu,  which  discusses 
three  modi's  of  operation  in  Mexico.     Certaiiily,sir,  it  seeiiK  to  be 
tho  obvious  dictate  o(  common  sense,  that  before  we  proceed  to  in 
crense  the  means  of  olfonsive  niilitsr)-  operations  in  Mexico  we 


should  determine  for  ourselves,  not  at  the  bidding  of  the  President, 
but  for  ourselves,  as  the  constitutional  war-making  power,  what  are 
the  objects  to  be  accomplished  by  these  measures?     There  is  this, 
sir,  beyond  the  suggestions  which  are  made  by  the  honorable  Sena- 
tor from   Michigan,  as   to  the  operation  of  the   resolutions  which 
have  been  .submitted — -there  is  this  consideration,  that  without  seek- 
ing to  operate  on  the  mind  of  the  President,  without  seeking  to 
influence  the  judgment  of  the   American  people,  except   as  that 
judgment  may  be  operated  upon  by  the  decision  of  this   body,  we 
desire   to  ascertain  what  it  is  that   Congress,   (the  war-making 
power  of  this  government,)  proposes  to  accomplish  bv  the  further 
prosecution  of  the   war?     And  that,  I  suppose,  will  be   developed 
in  the  discussion  of  the  resolutions.     The  Secretary  of  War  sub- 
mits to  us  three   plans  for  the   future   conduct  of  the  war.     Ife 
jiasses  by  as  unworthy  of  consideration  the  notion  of  the  withdrawal 
of  the  troops,  and  the  restoration  of  peace  without  further  tramp- 
ling on  our  trodden  down  foe.     He    then  suggests   three  modes  of 
prosecuting  the  war.     Have  the  Senate  eon.sidered,  are  they  pre- 
pared to  decide  with  the  inlormation  now-before  them,  or  will  they 
preclude  discussion  upon  these  different  modes?     Will   they  not 
enter  upon  the  discussion  with  a  view  to  ascertain  the  objects  to 
be  aceomplished  by  its  further  prosecution?  and  whether  in  the  ac- 
complishment of  those  objects,  we  should   in  advance  subject   the 
country  to  this  expenditure?     Sir.  we  have,  according  to  the  report 
o(  the  Secretary  of  War,  a  force  of  about  -13,000  nvjn  in  the  Held, 
a  small  majority  of  them   only  consisting  of  regulars.     The   ar- 
gument of  the  honorable  Senator  from  Michigan,  is  that  the  situation 
of  our  gallant  army  in  Mexico  renders  it  necessary  that  it  should  be 
reinforced  without  waiting  for  details  of  the  objects  for  which  the 
war  has  been  prosecuted.  Now,  look  at  the  state  of  facts  as  disclosed 
by  the  report  of  the  Secretary  of  War,    It  is  evident  that  the  army  in 
Mexico  was  p-.?rfeetly  safe — flushed  with  victorv,  and  confident  in 
its  strength— upwards  of  32,000  strong — while  the  army  of  the 
enemy  is  scattered,  dispersed,  and  Mexico  is  without  an'eflicient 
government,  and   destitute  of  resources,  and   men   to  resist  our 
arms.     There  can  be  nothing,  then,  in  the  condition  of  the  Ameri- 
can army  which  should   lead  us  to  precipitate  the   passage  of  this 
bill,  before  we  ascertain  the  objects  which  it  is  proposed  to  aceoiu- 
plish.     I  desire  to  stand  entirely  uncommitted  upon  the  subject  of 
yielding  the  supplies  demanded'  by  the  Executive,  until  I  have  an 
opportunity  to  decide  as  to  the  propriety  of  granting  them.     But 
the  ground  on  which  I  place  my  oppo.sition  to  the  present  conside- 
ration of  this  bill  is,  that  it  proposes  a  great  increase  of  force  be- 
fore wc,  the  war  making  power,  have  decided  what  are  the  objects 
lo  be   accomplished  ;  and  I  see  great  /orce  in  the  suggestions  of 
the  honorable  Senator  from   Soutli   Carolina,  which  seem  to  have 
escaped  the  observation  of  the  Secretary  of  War.     The  Secretary 
sets  forth  three  modes  for  tlie  further  prosecution  of  the  war;  first 
by  defining  a  boundary,  and  holding   Mexico  to  the  observance  of 
that  boundary;  secondly,  by  overrunning  the  whole  of  Mexico,  and 
establishing  permanent  garrisons  in  the  principal  places  ;  and  third- 
ly, by  holding   what   wc   already  possess,  and   taking  such  other 
places  as  we  may  deem  it  prudent  to  occupy.     He  overlooks  the 
proposition  which  is  stated   by  the  Senator   from  South  Carolina, 
that  in  adopting  the  latter  mode  there  is  the  utmost  danger  that  it 
will   run   into   the   second — that   it  will   render  indispensable  the 
subjugation   of   the   whole  of    Mexico.      Sir,   these   are     "rave 
(piestions,  and  should  not  be  precipita'lely  pressed  upon  us. 

Mr.  CASS. — I  will  merely  remark  that  the  proper  measures 
for  raising  and  organizing  this  force  must  neccssarilv,  by  many 
months,  precede  its  arrival  in  Mexico.  It  will  take  a  long  time  for 
the  troops  to  be  organized,  and  still  longer  to  transport  them  to 
their  several  places  of  destination.  It  is' a  measure  whose  incep- 
tion it  is  now  necessary  to  eommcnee,  with  a  view  to  have  the 
troops  in  Mexico  in  proper  season  ;  and  let  me  observe  to  the  Sen- 
ator from  Georgia  and  the  Senator  from  South  Carolina,  timt  for 
my  .soul  I  cannot  perceive  the  dillicuhy  which  strikes  them.  The 
Senator  from  South  Carolina  submits  a  proposition  which  can  have 
no  practical  result  :  here,  on  the  other  hand,  is  a  measure  which 
is  practical.  It  proposes  to  raise  ten  regiments.  If  any  body 
deemed  the  war  unnecessary,  or  believed  it" should  not  be  further 
Iiroseciited,  let  him  so  declare  by  his  vote  upon  the  bill.  The  Sen- 
ator seems  to  suppose  that  there  is  some  magic  In  his  resolutions, 
which  is  to  be  drawn  out  by  the  discussion  upon  them.  It  seems 
to  me  that  the  most  proper  |ilacc  in  the  world  for  the  expression  of 
the  views  of  Senators,  is  upon  the  discussion  of  a  practical  mea- 
sure like  this.  I  trust,  liowever,  they  will  not  delay  the  passage 
of  the  bill  by  any  general  discussion  on  the  origin  of  the  war,  but 
il  the  .Senate  deem  otherwise,  it  seems  to  uie  that  a  far  better 
place  lor  that  discussion  is  upon  this  bill,  than  upon  the  abslraet 
ileclaration  which  bintis  us  to  nothing,  I  sav  again  that  if  Sena- 
tors are  content  with  a  postponement  until  Monday,  I  will  agree 
to  it,  but  if  not,  I  shall  ask  the  Senate  to  proceed  to  this  eonsuler- 
ation  now. 

Mr.  ALLEN. — I  hope,  sir,  this  bill  will  not  be  postponeil  until 
Monday,  but  on  the  contrary  be  proceeded  with  bv  the  Senate  im- 
mediately, and  that  wc  will  a'dheri'  to  t^is  part  of  the  public  business 
until  it  be  accomplishcil.  'I'hci-e  arc  two  iiiixlcs.  sir.  in  which  op- 
position to  the  )iolicy  of  the  administration  is  made — one  is  in  the 
lorm  of  an  abstract  proposition,  and  the  other  is  in  the  form  of  a 
distinct  practical  measure,  Wiiether  this  opposition  shall  assume 
one  of  these  shapes  here  or  not,  is  a  matter  of  choice  with  those 
who  have  the  right  lo  make  that  opposition,  as  far  as  their  power 
to  make  a  choice  is  concerned.  But  whether  it  shall  be  allowed 
to  take  such  a  shape,  depends  upon  those  against  whom  this  oppo. 


December  30. J 


THE  TEN  REGIMENT  BILL, 


51 


sition  is  made.     I  desire  that  the  diversity  of  sentiment  whieh  ex- 
isls  in  this   Senate  shall  be  tested  in   the  discussion  and  deeision  ol 
practical  measures.    Therefore  I  propose  that  all  the  sentiments  en- 
tcrlained  in  this  chamber,  may  be  made  known  in  the  discussion  of 
this  bill  in   reference  to  its  postpanemenl,  in  pielerence  to  the  dis- 
cussion of  abstract  propositions.     Sir,  there  is  much  advantage  to 
be  gained,  as  we  all  know,  by  the  form  which  an  adversary  clmos- 
es  to  assume.     It  is  one  thiri';,  sir,  to  denounce  the  policy  of  I  ho 
government  in  the  discussion  of  abstract  propositions,  and  another 
to  take  the  responsibility  of  oppnsin;^    measures  for  increasing  the 
army  and  sustainin;;  thi.s  war.     J,  therefore,  sir,  as  a  friend  to  this 
administration,  and  as  one  determined,  as  far  as  I  may  be  able,  to 
stand  by  its  policy   in  this   particular,  desire  that  the  opposition 
should  be  made  to  these  measures  in  the  face  of  the  measures  them- 
selves, and  with  the   responsibility  which  that  ripposition  will  im- 
pose.    Sir,   we  are   in   a  state  of'war,  and  in  that  state  we  must 
continue  until  peace  puts  an  end  to  it.     That  war  has  its  theatre 
two  thousand  miles  from  Ibis  eapitol,  and  the  intercou.se  between 
the  government  and  fhe  army  consumes  some  two  or  three  months' 
lime.     Well,  sir,  under  these  circumstances,  with  that  array  cut, 
hacked,  and  bleeding  in   the  achievement  of  its  glorious  victories, 
shall  we  leave  them" there  to  occupy  a  country  as  large  as  our  own , 
surrounded  by  ten  millions  of  enemies,  and  subjected  to  all  the  pe- 
rils  to   which   their  precarious  situalion   exposes  them,  without 
taking  the  precaution  to  sustain  them  by  additional  reinforcements? 
Sir,  the  vote  6f  this  Senate  it.self  is  a  large  part  of  the  power  which 
this   government  must  exert  in  the  prosecution  of  this  war  to  an 
honorable  peace.     It  is  the  moral  impression  produced  by  the  know- 
ledge  in   Mexico,   as  to  what  is  the  determination  of  this  govern- 
ment,  as   evinced  in  its  legislation,  whether  sustaining  the  Presi- 
ilent  or  not,  which  is  to  operate  advantageously,  or  otherwi.se,  in 
regard  to  the  termination  of  the  war.     The  vote  of  the  Senate  on 
this   very   question  will  have  as  much  influence  in  bringing  about 
peace,  as  the  additional  force  which  it  is  proposed  to  raise.     The 
declaration  as  to  whether  we  do  or  do  not  intend  to  prosecute  the 
war  till   peace  be  the  result,  is  of  the  utmost  importance.     If  this 
Senate  wavers — if  it  evinces  hesitation — if,  instead  of  increasing 
the  force,  it  persists  in  cavilling  against  its  own  government — what, 
I  ask,  will  be  the  elTect  of  such  a  course  upon  the  mind  of  the  Mex- 
ican people  ?     Will  it  not  encourage  tiicm  to  further  resistance  ? 
It  IS,  therefore,  that  I  say  that  the  vote  of  this  body  upon  this  bill 
will,  in  my  opinion,  have  as  much   iniluence   upon   the  question  of 
]ieace,  as  the  marching  of  the  troops  themselves.     For  this  reason 
I  think  it  highly  important  that  an  early  manifestation  by  the  legis- 
lative department  of  the  government  as  to  its  intention  in  this  par- 
ticular should  be  made;  and  that  it  .should  speedily  decide  whe- 
ther it  will  prosecute  or  abandon  the  war.     And  if  it  is  to  be  aban- 
iloncd,   sir,  I  sav,    the  tinickcr   the  better  ;    if  it  is  to  be  prosecu- 
ted   the  more  vigorously   the   better.     Let  us,   then,  decide  the 
matter  at  once,  not  shielding  ourselves   behind  abstract  proposi- 
tions,  but  as   in  the  contemplation  of  a  great  practical  issue.     I 
want  the  contest  made  upon  measures  ;  I  desire  the  decision  of  the 
Senate  as  to  whether  they  intend  to  adopt  the  one  or  the  other  of 
the  two  systems  of  policy — the  prosecution  of  the  war  or  the  aban- 
donment of  it.     I  reiterate,  sir,  there  is  but  one  question  at  issue, 
and  that  it  has  but  two  .sides.     However  much  the  metaphysical 
ingenuity  of  some   minds  may  seek  to  divide- this  question,  there 
remains  but  the  one — the  simple  question,  either  to  prosecute  this 
war   until  it  is   ended   by  a  satisfactory  peace,  or  to  abandpn  the 
war,   and   to   withdraw   our   troops   to   the   left   bank  of  the   Rio 
(Jrande.     If  it  be  the  decision  of  the  Senate  that  the  latter  policy 
be  carried  into  efl'eet,  the  sooner  the  better — if  it  be  the  decision  of 
the  Scnalc  that  the  former  plan  be  adopted,  it  ought  to  be  execu- 
ted nniiu'diately.     But  hesitation,  sir,  wavering,  uncertainty  as  to 
what  will  be  the  final  action  of  Congress,  is  nothing  but  procrasti- 
nating a  pence  ?     I  do  not  speak  of  design,  because  I  will  not  im- 
pute motives   to  honorable  Senators  ;  but  I  speak  of  the  infallible 
tendency  of  the  eour.se  pursued  by  them.     Isow,  the  Senator  from 
South  Carolina  says  that   he   has  a  question  to  be  decided  tirst. 
And  what   is   that  question  ?     Why,    that  although   the    President 
and   the  country  may  be  unanimously  of  the  opinion  that  the  war 
may  bo  prosecuted   with  a  view   to  secure  an   honorable  peace, 
without  the  final  extinction  of  the  nationality  of  Mexico,  yet  that 
the  measure  before  us  may  tend  to  that  result.     Well,  what  diller- 
ence  could  it  make,  should   the  Senate  unanimously  concur  in  the 
rescdutions  of  the  Senator  from  South  Carolina  ?     Why,  the  very 
moment   this  bUl  is  called  up,  the  whole  argument  would   be  re- 
newed,  because,  as  the  Senator  says,  this  measure  might  lend  to 
Ihat  extinction.     Then  why  need  we,  while  we  have  this  measure 
before  us,  go  into   the  discussion  of  his  resolutions?     Why  discuss 
a  proposition   separately,  when  the  Senator  himself  eonlesses  that 
ihc    discussion  upon   this   bill  will  embrace  it  !     It   will  be  for  the 
Senator  to  show  how  it  is  that,  sustaining  the  army  now  in  Mexico 
by  furnishing  additional  troops  to  take   the  place  of  those  gallant 
men  who  have  lost  their  lives  in  battle  or  disease — I  snv  it  will  be 
for  him  to  show  how  it  is  that  this  additional  force,  which  is  purely 
designed  to  replenish  the  wasted  strength  of  the  army,  is  to  tend 
to  the  final  subjugation  of  Mexico  and  the  extinction  of  her  natio»- 
ality.     We  want  to  replace  the  exhausted  strength  of  the  army, 
to  enable  it  to  hold  possession  of  its  conquests,  and  by  that  pos.ses- 
sion  compel  Mexico  to  put  an  end  to  the  war.     Tliis  is  what  we 
desire,  and  what  can  be  more   proper  and  reasonable?     I   hope, 
therefore,  that   the  bill  will  be  taken   into  consideration  and  kept 
before  the  Senate  until  it  is  completed  ;  and  that  our  army  will  not 
be  permitted  to  suffer  for  want  of  this  additional  force.     Without, 
sU-,  presuming  to  say  what  will  be  the  final  decision  of  this  body, 


I  cannot  be  mistaken  in  saying,  that  whatever  that  decision  may 
he,   it  will  exert  a  momentous  influence  for  good  or  for  evil  upon 

the  interests  of  our  common  country. 

Mr.  CALHOUN. — It  appears  now,  sir,  that  the  object  in  call- 
ins;  up  this  bill  at  present,  is  not  to  pass  the  bill,  but  to  get  a  par- 
liamentary advantage — to  compel  the  Senate  to  discuss  this  bill 
before  an  opportunity  is  afforded  for  discussing  the  resolutions 
which  I  have  offered.  It  is  a  mere  parliamentary  move.  The 
Senator  shakes  his  head.  Well,  sir,  if  we  follow  the  advice  of  the 
Senator  from  Ohio,  we  shall  consume  just  as  much  time  in  discuss- 
ing this  bill  as  if  we  were  tirst  to  discuss  the  resolutions.  The 
Senator  from  Ohio  talks  of  the  necessity  of  proceeding  to  act  upon 
this  bill  now,  and  tells  us  in  the  next  breath  that  we  are  to  have 
the  whole  discussion  upon  the  subject  of  the  war  upon  this  bill. 

Mr.  ALLEN. — The  honorable  Senator  misrepresents  what  I 
said.  What  I  said  was,  that  we  ought  to  take  up  this  bill  and  go 
on  with  its  consideration  at  once. 

Mr.  CALHOUN. — Exactly.  We  are  to  uro  on  with  the  discus- 
sion upon  this  bill  instantly,  we  are  told,  both  by  the  Senator  from 
Ohio  and  the  Senator  from  Michigan,  and  not  let  the  discussion 
upon  the  resolutions  have  precedence.  The  Senator  Irora  Ohio 
says  that  it  is  a  parliamentary  advantage  to  have  the  discussion 
upon  this  bill  previous  to  diseu.ssing  the  resolutions.  Well,  I  ac- 
knowledge that  it  is  so.  I  acknowledge  that  we  should  be  tied  up, 
in  a  great  measure,  in  the  discussion  upon  the  bill,  and  preventea 
from  going  so  freely  into  all  these  questions  regarding  the  war,  as 
we  would  in  discussing  the  resolutions.  It  will  then  be,  strictly 
speaking,  out  of  order.  Besides  this,  we  will  not  have,  what  is 
most  important  in  the  discussion  of  the  bill,  an  expression  of  the 
sense  of  this  body  upon  the  great  point  as  to  whether  Mexico  is  to 
be  conquered  and  held  as  a  subject  province^  or  incorporated  into 
the  Union,  or  not.  I  know  there  are  many,  as  staunch  friends  of 
the  Executive  as  the  Senator  from  Ohio,  who  believe  that  the 
policy  recommended  by  the  President,  and  now  about  to  be  carried 
out  liy  this  bill,  will  end  in  her  subjugation  and  the  extinguishment 
of  her  nationality.  Now,  it  is  due  to  the  country  that  this 
question  should  be  distinctly  presented,  that  the  people  of  the 
country  may  see  what  is  to  be  the  probable  result  of  the  war, 
and  dt-lermine  whether  they  will  meet  it  or  not  ;  for  that  is  to 
be  the  end  of  the  whole  of  the  contest,  unless  the  most  deci- 
sive measures  are  taken  on  the  part  of  the  Senate  to  prevent  it. — 
Sir,  I  cannot  be  mistaken.  I  wish  to  go  into  the  subject.  I  deem 
It  to  be  due  to  my  constituents,  to  the  American  people,  th.at  this, 
the  greatest  of  all  questions,  the  extinguishment  of  the  nationality 
of  Mexico,  should  be  distinctly  voted  upon  by  this  body.  The 
Senator  from  Ohio  is  unwilling  that  I  should  have  a  vote  upon  this 
question,  I  presume.  Sir,  it  is  my  object  to  have  a  vote  upon  my 
resolutions,  and  to  have  the  response  of  the  country  upon  the 
question  embraced  in  them;  for  the  debate  will  bring  forth  the  re- 
sponse of  the  country.  Now,  according  to  my  apprehension,  there 
is  no  greater  calamity  that  can  befall  this  country,  than  the  subju- 
gation of  Slexico,  and  the  extinguishment  of  her  nationality,  and 
the  transfer  of  all  her  territory  to  us.  From  the  beginning  I  had 
great  forebodings  about  this  war,  and  my  forebodings — among 
others,  related  to  this  very  thing,  the  absorption  of  Mexico.  And  I 
reiterate,  sir,  that  if  it  takes  place,  we  arc  very  near  to  the  end  of 
our  poUtieal  career.  The  Senator  from  Ohio  made  an  announcement 
of  dooms-day  in  the  event  of  any  delay  in  the  action  of  the  Senate 
upon  this  bill,  although  necessary  information  is  to  be  extractcil  by 
that  delay.  The  Sen.ator  need  not  suppose  that  discussion  will  be 
avoided  by  giving  precedence  to  the  consideration  of  this  bill.  He 
never  can  escape  form  a  full  and  thorough  investigation  of  the  de- 
sisnsof  the  Executive  in  the  prosecution  of  this  war.  'My  object 
is  not  opposition  to  the  administration.  Whenever  I  ink'iid  to  as- 
.sail  the  administration,  I  will  do  so  directly  and  to  their  face.  My 
object  is  to  have  the  sense  of  the  Senate  and  the  country  upon 
a  point  which  I  deem  of  the  first  magnitude  to  the  safety  of  the 
country  and  its  institutions;  and  I  do  trust,  sir,  that  the  Senate 
will  not  deprive  me  of  the  opportunity  of  having  a  clear  vote  upon 
this  point,  after  fidl  discussion. 

Mr.  HALE. — I  regret  the  necessity  of  saying  a  word  in  rela- 
tion to  this  matter  at  this  time;  it  has  been  my  misfortune  not  to 
have  read  the  message  of  the  President  as  have  those  Senators 
who  have  already  addressed  you.  I  suppose,  sir,  that  this  ine;- 
sage  has  been  drafted  with  some  care,  and  with  some  reference  to 
the  rules  of  grammatical  construction.  If  I  remember  aricht,  a 
rule  is  laid  down  by  Lindlay  Murray  ;  it  is,  that  the  perfect 
tense  not  only  represents  an  action  as  passed  and  finished,  but  con- 
tains a  direct  allusion  to  the  present  time.  What  is  the  language 
of  the  President?  "It  ^las  never  been  contemplated  by  me,  as  an 
object  of  the  war,  to  make  a  permanent  eompiest  of  the  Republic 
of  Mexico,  or  to  annihilate  her  separate  existence  as  an  indepen- 
dent nation."  It  seems  to  mo  that  there  is  here  a  most  pregnant 
allusion  to  the  present  time.  It  appears  that  the  administraticm 
has  begun  to  cntcrtam  a  diflerent  notion,  and  I  am  confirmed  in 
this  belief  by  looking  at  another  passage  in  the  message,  where 
the  President  says: 

"  J.r.  after  aflbniiiip  (liis  enpoiir.T^enient  ami  proteplion.  and  afterall  llip  persevciins 
and  siilpere  etiorts  we  have  made,  iVoiu  tin?  ninilielit  jMcxieo  comineiieed  thenar,  and 
jirionntliat  time,  lo  adjust  our  ilifli-rences  witli  tit^r.  we  sliall  ultimately  fail,  tJien  we 
shall  have  exhansletl  all  hoiinrahle  means  in  jputmiiI  of  pc.-tee.  and  Iliuft  continue  to 
oeeupy  her  country  with  our  troops,  lakin?  the  full  measure  of  indemnity  into  our  own 
hands,  and  must  eulbrce  tJio  terms  which  our  honor  demands." 

He  does  not  tel? US  how  much  it   will  take   to  fill  his  hands,  or 
satisfy  his  honor,  but  he  tells  us  that  we  have  possession  ot  New 


52 


THi:  TEN  REfxIMENT  BILL. 


I  Thursday, 


'i.   how  much 
;iii  i   more  vig- 
And  I  am 


Mexico  and  Califorma  now,  but  he  fails  to  inform 
liiore  territory  will  be  a  satisfaction  li.i  the  furl  1km 
orous  prosecution  of  the  war  which  lie  rcciiinmi;nd>. 
the  more  desirous  of  saying  a  word  hi  tins  time,  by  reason  ol  the 
intimation  which  has  been  thrown  out  that  there  aro  some  wto  arc 
opposed  to  the  war,  and  prefer  manifesting  that  opposition  on  an 
abstract  resolution,  and  who  yet  will  not  take  the  responsibility  ol 
opposing  the  measures  which  the  President  recommends,  hir, 
I  do  no"  know  but  that  ray  ideas  may  be  peculiar  upon  this 
subject,  but  I  believe  that  the  war  was  commenced  ...  'il''<-l'™dj 
and  prosecuted  in  injustice,  and  that  the  ,nst.t,.l.ons  ol  1 1.e  Un.  < 
States  are  in  more  dan-jer  at  th.s  moment,"  a.m.h.lal.on  thai. 
those  of  Mexico;  and  I  have  no  sympathy  w.th  «l--,f-  ^--j. 
who  tell  ..s  that  this  measure  has  no  connexion  with  the  or  gm  ol 
the  wa  I  think  it  has  everything  to  do  with  ,t,  and  would  ,kc 
o  see  g;ntlcraen  who  think  other«Mse  solve  th.s  Prol-^";.  ^"  <  '  - 
form  us  how  long  it  will  take,  .n  the  manner  we  are  going  on,  to 
arrive  at  the  end  of  the  war 


form  us  how  long  it  will  take,  in  the  manner  «^  „.„^...,.„  ■  ■■,  .- 

Ion-  must  wc  persevere  in   a  wrong  cause  befo.e   we   shall  con.o 
out^riX'     I  s^mld  be  glad  .f  they  would  tell  .,s  another  th.ng      I 
L,  fl  ke  to  hear  them'demonstrate  to  us  how  much  better  it  .s 
to  Jononer  a  peace  than  to  keep  a  peace      Conquer  a  peace  <  tha 

lotoiniuii  "1       _   ^ .^  ,  ^hvnsp.qnd  the  course  recommended 

seem 


to 


HI  d    ike  to  hear  mem  uemoii»"i">=  I..   «- ••■  

Vononer  a  peace  than  to  keep  a  peace  Conquer  a  peace  <  tha 
ei^s  to  be  a  sort  of  magical  phrase,  and  the  course  reeoraraendc, 
effect  it  reminds  me  oHhe  manner  of  t.eat,..g  a  patient  purs.,c, 
bytn  1  Spa"  ish  physician,  who  fancied  that  by  lett.ng  blood  and 
adn'ini.  erin-  warm  water  he  could  cnre  all  d.seases.  In  proceed- 
iC  will  ,  .is^,ractiec  it  was  found  that  l.is  patients  all  d.ed;  the 
d™-tor  said  that  the  reason  was  because  he  d.d  not  take  enough 
blood  frmn  them.  He  took  more  fro.B  his  next  patients  and  they 
continued  to  die,  and  „pon  a  cnnsultat.on  as  to  whe  her  some  other 
mode  of  treatment  might  not  be  attended  with  better  results,  he 
said  he  would  listen  to  the  reeommendat.on  lor  a  change  ol  real- 
ment  if  he  had  not  written  a  book  .ipon  the  s.ibject  Well  s.i_, 
the  President  has  written  a  book,  and  requires  of  us  that  we  shoiild 
■  ■        no  such  obl.gat.on  as  that. 


follow  it.     Now,  recogni/.mg 


I  des 


that  this  measure  n.ay  be  discussed;  I  desire  that  tins  subject 
should  be  discssed  fully,  freely,  and  fairly  as  cnbraced  in  the  re- 
solutions  proposed  by  the  Senator  from  South  Carolina  and  the 
Senator  from  New  "^ork,  and  that  those  ot  the  Senator  from  South 
Carolina  should  take  precedence  of  those  offered  by  the  Senator 
iVo.ii  New  York,  for  the  resolutions  of  the  Senator  from  South 
Carolina  relate  to  the  questio..  how  much  territory  we  shall  rob 
Mexico  of,  and  the  Senator  from  New  York  tells  us  how  to  take 
eai-e  of  the  spoils  after  we  have  got  them.  I  tl.e.-el'ore  think  that 
the  resolutions  of  the  Senator  from  South  Carolina  should  take 
precedence  of  those  of  the  Senator  from  New  York,  and  that  they 
should  both  lake  precedence  of  this  bill.  I  desire  that  the  question 
should  be  presented  in  such  a  manner  that  the  whole  country  may 
understand  it;  and.  sir.  it  is  all  involved  in  this  ten  reni.nent  bill.  It 
seems  to  me  the  ijuestion  presented  by  this  bill  will  deter.iiine  the 
whole  matter,  and  if  we  are  to  go  on  and  follow  the  conrse  pointed 
out  by  the  President,  and  give  himten  regiments  of  regulars  and  vo- 
lunteers in  addition,  then,  of  course,  this  bill  is  to  be  passed.  But 
if,  as  I  believe,  the  war  was  eoramenced  in  error,  here  is  the  place 
to'  stop;  and  with  my  consent  the  first  dollar  shall  not  go  from  the 
national  treasury  until  the  President  informs  us  how  much  he  sup- 
poses will  be  required  to  bring  the  army  home  by  the  shortest  and 
cheapest  route.  For  this  purpose  be  shall  have  money;  but  not 
with  my  vote  for  continuing  the  war  with  an  indefinite  purpose. 
I  think  it  is  time  that  the  country  should  understand  what  we  are 
aiming  at;  and  I  think  that  the  belief  of  a  great  majority  of  the 
people  alrea<ly  is,  that  the  war  was  not  only  a  crime,  but  a  blun- 
der; and  it  is  this  which  calls  attention  to  it  inore  forcibly  than  if 
it  had  remained  simply  a  crime,  an  unfortunate  one  certainly,  when 
viewed  in  the  best  light.  And  I  am  willing  that  if  the  expression 
of  this  view  .should  bring  ever  so  .nuch  opprobriu.t.,  that  it  should 
come  now.  It  seems  to  me  that  those  who  view  the  policy  of  the 
administration  as  a  miserable  one  should  boldly  and  distinctly  say 
so  and  vote  accordingly.  Let  us  not  be  guilty  of  the  miseralile  in- 
consistency of  saying  that  this  war  is  an  error,  and  of  still  voting 
supplies  to  enable  the  President  to  carry  it  on.  Let  Congress,  on 
whom  the  responsibility  rests,  and  to  whom  the  country  will  look  i.. 
this  matter,  take  the  war  into  their  own  hands,  and  declare  distinctly 
and  uneiiuivt.eally  to  the  country  what  they  intend,  and  what  they 
desire.  I  do  not  know  that  there  is  a  single  member  on  this  floor  who 
sympathizes  with  me  in  the  view  which  I  take,  but  I  believe  that 
this  war  marks  the  age  as  barbarous,  and  that  wc  are  vastly  .nore 
in  danger  of  bringing  ruin  and  destruction  upon  our  own  institu- 
tions, than  those  of  the  country  with  which  we  a."e  at  war.  I 
want  the  .[ucstion  presented  boldly — not  by  way  of  proble.ii  or 
mere  abstraction.  For  one,  my  mi..d  is  made  up.  Not  the  fiisl 
dollar  shall  the  President  take,  by  my  veto,  for  either  regular  or 
volunteer  force,  until  be  comes  forward  and  informs  the  coui.tiy 
how  much  he  does  want  in  order  to  secure  an  bomiroble  pciaee, 
and  the  mode  in  which  he  proposes  to  effect  so  desirable  a  result. 
The  other  day,  the  honorable  Senator  from  Michigan  told  ..s  that 
every  man,  woman  and  child  in   the  couwrykncw  what  wo  want- 


ed. I  confess  I  heard  this  assertion  with  some  astonishment ;  for 
if  it  be  true,  I  could  not  class  myself  with  either  man,  woman  or 
child — for  I  confess  I  did  not  know.  Nor  was  I  in  the  least  en- 
lightened when  the  honorable  Senator  added  that  it  was  indemnity 
and  satisfaction. 

Mr.  CASS. — I  beg  the  honorable  Senator's  pardon  ;  that  wa.s 
not  my  expression  ;  indemnity  and  security  were  the  words  I  used. 

Mr.  HALE. — Well,  I  have  not  got  any  light  yet. 

Mr.  CASS.— That  is  not  my  fault. 

Mr.  HALE. — No,  sir,  it  is  owir,g  to  my  opacity  p.obably,  but 
waiving  for  the  pi-esent  the  discussion,  whether  it  is  owitig  to  the 
inability  of  the  hono.able  Senator  to  impart,  or  of  myself  to  re- 
ceive light,  I  will  proceed.  •'Indcn.nily  and  security."  Indemnity 
for  what  ?  Security  for  what  ?  Here  endeth  the  first  lesson.  Wc 
are  as  much  in  the  dark  as  ever.  I  do  not  intend  at  this  time,  to 
do  more  than  to  make  the.se  general  remarks.  On  .some  future 
occasion  I  propose,  not  with  the  hope  of  .jifluencing  the  action  of 
the  Senate,  but  to  place  myself  aright  before  those  who  have  sent 
me  here,  to  express  my  views  more  fully  in  regard  to  the  war. 
A.id  permit  mc  to  say  here,  that  I  think  the  origin  of  the  war  lies 
a  little  deeper  than  any  of  the  causes  which  have  been  assigned  by 
those  who  have  .spoken  upon  the  subject.  I  believe  the  origin  of 
the  war  lies  in  the  avowed  object  of  the  American  government  to 
perpetuate  the  institution  of  American  slavei-y.  Tfat  I  believe  to 
be  the  true  design  and  purpose  of  this  war  ;  and  if  it  had  not  been 
for  that  cause  we  never  should  have  had  it.  Believing  this  to  be 
the  fact,  and  that  any  exposition  of  the  origin  and  cause  of  this 
war,  which  stops  short  of  that,  stops  short  of  the  truth,  I  shall 
endeavor  on  some  subsequent  occasion,  with  the  indulgence  ol'  the 
Senate,  to  satisfy  the  country  by  reference  to  the  official  docu- 
ments, that  such  is  the  origin  and  purpose  of  the  war,  and  to  indi. 
cate  my  own  views  of  the  true  policy  to  be  pursued  in  reference 
thereto. 

Mr.  SEVIER.^What  is  the  motion  now  pending?  I  under- 
.stand  it  is  a  motion  to  take  up  the  bill  for  the  purpose  of  making 
it  the  order  of  the  day  for  Monday  next.  I  ask  the  yeas  and  nays 
upon  that  motion. 

Mr.  JOHNSON,  of  Maryland.— 1  understand  that  the  honora- 
ble Senator  from  Michigan  has  no  objection  that  the  consideration 
of  the  bill  be  postponed  until  Monday. 

Mr.  CASS. — None  at  all  ;  but  if  there  is  not  to  be  an  under- 
standing that  it  shall  be  the  order  of  the  day  for  Monday,  we  may 
as  well  proceed  to  vote  upon  it  now- 

Mr.  SEVIER  suggested,  that  if  the  bill  were  taken  up  now,  it 
might  remain  as  unfinished  business,  and  would  come  up  on  Mon- 
day as  a  matter  of  course. 

The  question  was  then  put  upon  the  motion  of  Mr.  Cass  to 
proceed  to  the  consideration  of  the  bill  ;  and,  the  yeas  and  nays 
having  been  ordered,  it  was  decided  in  the  affirmative,  as  follows: 

YEAS.— Messr.s.  Allen,  Aslilev,  Atchison,  Athcrton,  Bagbv,  Bradbury,  Breese, 
Cass,  Davis,  of  Miss..  Dickinson.  Dix,  Douglass,  Felih,  Foote,'Rusk,  .Sevier,  Stnr- 
freon,  Turney,  VVestcott. — J9. 

NAYS.— Messrs.  Badger,  Baldwin.  Bell,  Berrien.  Bnller,  Calhoun,  Clarke,  Clay 
ton,  Corwin,  Crittenden.  Greene,  Hale,  Joliiwon,  of  Md.,  Johnson,  of  La.,Manguin. 
Phelps,  UnBerwood,  ITidiam,  Yulee. — 19. 

The  Senate  being  equally  divided,  the  Vice  President  gave 
the  casting  vote  in  the  affirmative. 

The  bill  having  been  read  a  second  time, 

Mr.  MANGUM  said  :— I  hope  that  this  bill  will  be  allowed  to 
be  passed  oyer  for  the  present.  I  very  much  desire  that  it  should 
not  now  be  taken  up,  and  above  all,  that  the  final  action  upon  it 
should  not  be  had  until  all  the  g.-eat  questions  touching  the  policy 
of  the  government  in  regard  to  the  Mexican  war  have  been  dis- 
cussed, and  the  sense  of  this  body  in  relation  to  them  clearly  ascer- 
tained. For  if  \yo  are  called  upon  to  act  now,  we  must  act  af- 
firmatively, for  I  suppose  there  is  no  one  who  will  not  be  disposed 
to  grant  what  may  be  deemed  necessary.  It  will  then  amount  to 
an  affirmative  of  the  necessity  for  still  further  prosecuting  this 
w-ar,  the  end  of  wliich  no  man  can  foresee.  For  myself,  sir,  in 
case  I  am  driven  to  a  vote  upon  a  measure  of  this  kind,  before  1 
have  an  opportunity  of  examining  into  these  subjects,  I  shall  en- 
deavor so  to  vote,  .as  to  throw  the  responsibility  upon  the  Execu- 
tive, and  to  assume  only  that  degree  of  responsibility  which  will 
attach  to  a  vote  under  such  ciicumstances. 

EXECUTITE    .SESSION. 

The  Senate  then  proceeded  to  the  consideration  of  Execntiv* 
business,  and  after  some  time  spent  therein,  the  doors  wore  open- 
od,  and 

The  Senate  adjourned. 


"   January  3.] 


PETITIONS— RESOLUTIONS,  ETC. 


53 


MONDAY,  JANUARY  3,  1848. 


REPORTS  FROM  DEPARTMENTS. 

The  VICE-PRESIDENT  laid  before  the  Senate  a  report  of  the 
.Secretary  of  War,  exhihitinir  the  applications  for  pensions  which 
have  been  rejected  during  the  year  1847;  which  was  relcrred  lo 
the  Committee  on  Pensions,  and  ordered  to  be  printed. 

The  VICE-PRESIDENT  laid  before  the  Senate  a  report  of  the 
Secretary  of  War,  made  in  compliance  with  a  resohition  ol  the  Se- 
nate, in  relation  to  the  further  nse  and  occupation  of  Fort  Arm- 
strong, on  Rock  Island,  as  a  military  site;  which  was  ordered  to 
be  printed. 

PETITIONS. 

Mr.  ASHLEY  presented  a  memorial  adopted  at  a  comention 
held  at  Washinston,  in  the  Sta.te  of  Arkansas,  composed  of  delc- 
lates  from  the  several  counties  borderin<r  on  the  Red  River,  pray- 
mg  an  appropriation  for  removing  the  raft  in  that  river;  winch  was 
referred  lo  the  Committee  on  Commerce. 

Mr.  BREESE  presented  the  petition  of  citizens  of  Montgome- 
ry county,  Illinois,  praving  the  establishment  of  a  mail  route  Irom 
ShelbyviUee  to  Alton, 'in  "that  State;  which  was  referred  to  the 
Committee  on  the  Post  Office  and  Post  Roads. 

Also  a  memorial  of  citizens  of  Fayette  county,  Illinois,  praying 
that  the  right  of  pre-emption  may  be  granted  to  the  Illinois  Cen- 
tral Rail  Road  Company,  to  thelands  lying  along  the  route  of 
their  rail  road;  which  was  referred  to  the  Committee  on  Public 
Lands. 

Mr.  CORWIN  presented  the  petition  of  Joseph  Graham  and 
George  Lee  Brent,  praying  compensation  for  services  as  special 
agent's  of  the  government  of  Paraguay,  under  directions  of  the 
ifnitcd  Stat.es  "Charge  d'AlTairs  near  "the  Argentine  Republic; 
which  was  referred  to  the  Committee  on  Foreign  Relations. 

Mr.  MASON  presented  the  petition  of  Thomas  M.  Corby,  pray- 
ing indemnity  for  French  spoliations,  prior  to  1800;  which  was  re- 
ferred to  the  Committee  on  Foreign  Relations. 
On  motion  by  Mr.  BALDWIN,  it  was 

Ordered,  That  the  petition  of  Thomas  Cowperthwaite  &  Co.,  on 
the  files  of  the  Senate,  he  referred  to  the  CommiUec  on  the  Ju- 
diciary. 

On  motion  by  Mr.  RUSK,  It  was 

Ordered,  That  the  petition  of  Frederick  Vincent,  administrator 
of  Lc  Caze  and  Mallet,  on  the  files  of  the  Senate,  be  referred  to 
the  Committee  on  Revolutionary  Claims. 

On  motion  by  Mr.  BELL,  it  was 
Ordered,  That  the  petition  of  the  eastern   Cher(?kee  Indians,  on 
the  files  of  Senate,  bo  refen-cd  to  the  Committee  on  Indian  Afliiirs. 

On  motion  by  Mr.  CRITTENDEN,  it  was 
Ordered,  That  the  documents  on  the  files  of  the  Senate,  relating 
to  the  claim  of  Robert  Armstrong,   be  referred  to  the   Committee 
on  Pensions. 

On  motion  by  Mr.  SEVIER,  it  was 

Ordered,  That  the  petition  of  Sour  John,  a  Cherokee  Indian, 
on  the  files  of  the  Senate,  be  referred  to  the  Committee  ©n  Indian 
Affairs. 

RESOLUTIONS. 

Mr.  BENTON  submitted  the  following  resolution  for  consid- 
eration, which  was  ordered  to  be  printed. 

licsolved,  Tliat  there  bo  printed  lor  tlie  nse  of  the  Senate copiesof  the  lonr 

or  memoir  of  Dr.  Wislizenos,  titrough  the  northern  parts  of  Mexico,  as  physician  to 
Col.  Doniplian's  column,  being  n  Instory  of  the  expedition  of  Col.  Doniphan,  with 
scieiititic  observations  npon  tlie  face  of  ihe  conntry.     Also,  that  there  be  engraved  or 

litiioi:raiihed  for  the  nse  of  the  Senate, copiesof  the  snjK^rfuies  man  which  ac- 

conijianies  the  same.  ,\lso,  tlie  same  number  of  the  barometrical  map  of  rlie  profile 
of  elevations  above  the  level  of  the  sea  from  t?t.  Louis,  in  Missouri,  on  the  line  of 
march  of  said  expedition  to  Santa  Fc,  in  New  Mexico,  and  thence  by  Chilinahna,  the 
Bolson  de  Maplni,  Parras,  Sallillo,  and  Monterey  to  Keynosa,  on  the  Riotirande. 
Also,  the  same  number  of  Ihe  geological  map.  and  the  same  number  of  tlie  table  of  me- 
teorological observations,  which  accompany  the  same. 

Also.  Beit  rcsiih'i'ft.  That copies  of  the  said  memoir,  with  the  accompany- 
ing maps,  be  printed  for  the  use  of  Dr.  Wislizenus. 

Mr.  JOHNSON,  of  La.,  submitted  the  following  resolution, 
which  was  considered  by  unanimous  consent,  and  agreed  to: 

Resolved,  That  the  Committee  on  Military  Affairs  be  instructed  to  inquire  into  tjic 
expediency  o*"  passing  an  act  granting  a  portion  of  the  public  lands  in  the  State  of 
Louisiana,  to  every  citizen  soldier,  or  widows  or  orphan  of  every  citizen  soldier,  who 
bore  arms  in  defence  of  Lonisianajjn  the  year  l.^ll  and  1815. 

Mr.  HUNTER  submitted  the  foUowmg  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  : 

Resoivcd,  That  the  President  of  Uie  L^ nited  States  be  requested  to  communicate  lo 
the  Senate  the  correspondence  of  Mr,  Wise,  late  minister  of  the  United  States  at  the 


court  of  Brazd,  endrracing  a  letter  of  Mr.  Hamilton  Hamdion,  Her  Uritaunic  Ma 
jesty's  minister  at  the  same  court,  lo  Mr.  Wise,  dated  the  ■i.ltb  of  March.  1H4I>,  with 
"a  note  from  the  Earl  of  Aberdeen,  of  the  11  h  December,  IH4,'i:  a  Ictlrr  from  .Mr.  Wise 
loMr.  Hamilton,  dated  the  -JTth  March,  ltM6;  a  letter  from  Mr.  Wise  to  Mr.  Ilamd 
Ion,  dated  31st  Julv,  184(),  and  the  pajters  accompanying  the  same;  all  relating  to  tho 
subject  of  the  slave'lrade;  provided  tliatthe  sanie  may  be  done,  m  his  opinion,  without 
detriment  to  the  public  service. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered,  That  the  resolutions  of  tho  Legislature  of  the  Stale  of 
Louisiana,  on  the  files  of  the  Senate,  relating  lo  the  subject,  be 
referred  to  the  Committee  on  Military  Affairs. 

On  motion  by  Mr.  ATHITRTON,  it  was 

Ordered,  That  the  Committee  on  Finance  be  discharged  from 
the  further  consideration  of  the  memorial  of  Joseph  Bouchaud,  and 
that  it  be  referred  to  the  Committee  on  the  Judiciary. 

On  motion  by  Mr.  ATHERTON,  it  was 

Ordered,  That  the  Committee  on  Finance  he  discharged  from 
the  further  consideration  of  the  memorial  of  J.  Kearsley,  and  that 
it  be  referred  to  the  Committee  on  Public  Lands. 


MESSAGE    FROM    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  clerk: 

Mr.  President;  The  Speaker  of  the  House  of  Representatives  having  signed  an  en- 
rolled bill,  I  am  directed  lo  bring  it  to  the  Senate  for  tlie  signature  of  their  President. 

The  VICE  PRESIDENT  signed  the  enrolled  bill  entitled  "An 
act  making  an  appropriation  to  supply  in  part  a  deficiency  in  the 
appropriations  for  subsistence  in  kind  of  the  army  and  volunteers 
during  the  year  ending  the  30th  of  June,  1848:  and  it  was  deliver- 
ed to  the  committee,  to  be  presented  to  the  President  of  the  Uni- 
ted States. 

NOTICES    OF    BILLS,    ETC. 

Agreeably  to  notice,  Mr.  BERRIEN  asked  and  obtained  Icavc- 
to  bring  in  a  hill  making  an  appropriation  for  removing  obstruc- 
tions in  the  Savannah  river;  which  was  read  the  first  and  second 
times,  by  unanimous  consent,  and  referred  to  the  Committee  on 
Commerce. 

Mr.  JOHNSON,  of  Louisiana,  by  unanimous  consent,  asked 
and  obtained  leave  to  bring  in  a  joint  resolution  to  create  a  brrard 
to  ascertain  and  determine  the  amount  of  each  of  the  claims  of  the 
citizens  of  the  United  States  against  Mexico;  which  was  read  and 
pas.sed  to  a  second  reading.  * 

Mr.  WESTCOTT,  from  the  Committee  on  the  Judiciary,  to 
■whom  was  referred  the  petition  of  Peter  Capella ,  administrator  of 
Andrew  Capella,  submitted  a  report  accompanied  by  a  bill  for  the 
relief  of  Peter  Capella,  administrator  of  Andrew  Capella,  deceas- 
ed, and  for  ihe  relief  of  John  C'apoy,  and  for  the  relief  of  Elijah 
Petty  and  Hannah  Petty,  his  wife,  heirs  of  John  Beardon,  deceased. 

The  bill  was  read  and  passed  to  a  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr,  DOUGLAS,  from  the  Committee  on  Territories,  reported 
a  bill  for  the  relief  of  W.  B.  Slaughter,  late  Secretary  of  the  Ter- 
ritory of  Wisconsin. 

The  bill  havnng  been  read  a  first  time- 
Mr.   DOUGLAS  remarked,  that  as   this  bill  was  asked   for  by 
the  officers  of   the  treasury,    and    was  simply  a    bill  to  authorise 
them  to  settle  certain  accounts,    he  wished  the  bill  -would  now  be 
allowed  to  have  its  second  reading. 

The  bill  having  been  read  a  second  time, 

Mr.  CLAYTON  said  he  apprehended  that  no  possible  objec- 
tion could  exist  to  the  immediate  passage  of  this  bill,  and  he  trusted 
it  would  now  be  disposed  of. 

Mr.  WESTCOTT  said  he  could  not  distinctly  gather  the  pur- 
port of  the  bill  from  hearing  it  read,  and  it  had  not  been  printed. 
He  recollected  the  case  w-ell.  It  was  before  the  Territorial 
Committee  at  the  last  session — he  believed  the  session  before,  also — 
while  he  was  on  that  committee,  and  he  was  then  opposed  to  tho 
allowance  of  the  claim.  It  was  for  two  items.  One  for  compen- 
sation to  claimant  for  expenses  of  visiting  Washington  to  settle 
his  accounts  as  a  pubhc  officer.  Secretary  of  Wisconsin  Territory. 
The  other  item  was  for  some  two  or  three  thousand  dollars  of 
public  money,  lost  by  his  placing  it  on  deposite  in  a  territorial 
batik  which  broke.  His  excuse  was,  that  the  territorial  legisla- 
tm'e  by  resolution,  instructed  him  to  make  this  deposite  in  that 
bank.  This  was  no  excuse  whatever.  The  territorial  legislature 
had  no  business  with  this  monev — no  right  to  direct  it  to  be  so 
deposited — no  power  to  control  the  claimant  with  respect  to  it. 
Mr.  Slaughter  was  Secretary  of  the  Territory — a  federal  officer 
and  agent,  independent  of  the  Legislature  of  the  Territory.     He 


54 


BILLS— ORDERS. 


[MoNUAV, 


■was  subject  only  tri  the  laws  nf  Congress  and  tliC  instructions  of 
the  Treasury  Department,  and  these  ditl  not  allow  this  dcpositc 
at  the  risk  of  the  I'nitcd  States.  It  was  his  own  fault,  or  misfor- 
tune if  he  lost  this  money  by  placinr;  it  in  a  rotten  hank.  His  com- 
f)lying  with  the  resolution  of  the  Legislature  was  an  act  done  on 
lis  own  personal  responsibility.  It  would  be  opening  the  door  to 
the  allowance  of  hundreds  of  thou.sands  of  dollass  of  similar 
claims,  to  allow  this.  Besides,  it  is  not  shown  that  this  bank  or  its 
stockholders  have  becn.sued,  or  any  means  used  to  recover  the  money 
from  those  who  haVe  got  it.  The  claim  against  the  bank  and  its  siock- 
holders  was  not  transferred  to  the  United  Slates,  or  the  treasury 
olfioers  given  any  authority  to  collect  or  secure  it.  He  should  vote 
against  the  allowance  of  this  claim,  but  if  he  understood  the  honor- 
able Senator  from  Illinois,  (Mr.  UoUGi.As,)  this  bill  did  not  im- 
pliedly sanction  the  claim  in  any  degree,  but  only  directed  the 
Treasury  to  examine  and  settle  llie  accounts  on  principles  of 
equity  and  justice.  He  desired  to  know  of  the  committee  dis- 
tinetlV,  whether  his  imderstanding  was  correct'  If  the  bill  sanc- 
tioned expressly  or  imrliedly  the  items  ho  had  referred  to,  he 
should  vote  against  it— if  not',  he  should  make  no  opposition. 

Mr.  DOUGLAS.— The  bill  docs  not  sanction  the  claim  ;  it 
merely  refers  the  settlement  of  the  claim  to  the  accounting  officers 
of  the  Treasury.  The  claim  arises  in  lliis  way  :  William  B. 
Slaughter,  Secretary  of  the  'I'errilory  of  Wisconsin,  received  a 
drafrior  government  funds  to  the  amount  of  $in,nOO.  The  Legis- 
lature of^thc  Territory  appointed  the  Cashier  of  the  Mineral 
Point  Bank  temporarily  its  fixed  agent.  This  draft  was  depos- 
ited in  the  custodv  of  that  fiscal  agent,  and  the  money  checked 
out  according  as  it  was  reiiuiicd.  That  bank  failed,  and  there 
was  a  loss  of  something  like  $:5,OnO,  speaking  in  round  numbers. 
The  legislative  assembly  of  ihe  territory  has  unanimously 
passed  a  resolution  expressing  their  o^iinion  that  the  money  was 
deposited  properly,  in  good  faith,  and  lor  the  best  interests  of  the 
Treasury  ;  and  that  he  ought  to  have  a  credit  at  the  Trefisury  for 
that  amount  of  money.  That  is  the  principal  item  in  the  bill.  All 
that  the  bill  proposes,  is  to  refer  ihc  matter  to  the  oiiicers  of  the 
Treasury,  with  authority  and  instructions  to  .settle  the  account  ac- 
cording'to  the  ])rinciplcs  of  ccjuily  and  juslice  ;  lliey  having  more 
ample  opportunities  for  collecting  information  upon  all  points  re- 
lating to  the  matter,  than  this  body  can  possibly  have. 

Mr.  WKSTCOTT  said  he  conceived  there  was  one  matter  as 
to  which  ho  did  not  coincide  with  his  friend  the  honorable  Senator 
from  Illinois,  (Mr.  Douglas.)  It  was  the  chief  i]uesUon  in  this 
case.  It  was  as  to  the  resoulutioii  of  the  Territorial  Legislature 
being  any  justification  or  even  excuse  for  the  Secretary  of  the  tcr- 
'  ritorv  putting  this  money  in  that  bank.  He  conceived  he  was 
bound  to  disregard  the  resolutions  as  the  Territorial  Legislature 
had  no  right  to  direct  him. 

Mr.  DjVYTON. — Do  I  understand  that  the  bill  is  now  upon  its 
third  reading  ?  It  must,  I  apprehend,  require  the  general  consent 
ol"  tliB  Senate  in  order  to  have  its  third  reading. 

The  PRESIDING  OFFICER  replied,  that  the  proposition  had 
been  made  that  the  bill  be  read  a  third  time. 

Mr.  DAYTON. — Had  I  understood  thafto  be  the  case,  I  should 
have  objected,  not  because  I  have  any  specific  objection  to  this  bill 
beyond  the  objection  which  applies  to  a  largo  class  of  eases  stand- 
ing upon  our  calendar.  I  have  observed,  for  the  last  three  or  four 
years  in  tliis  body,  that  whenever  a  claim  is  a  little  distrusted  in 
coiumitteo,  or  in  referrence  to  which  the  committee  have  doubts 
themselves,  and  cannot  act  upon  it  in  a  manner  satisfactory  to 
themselves,  they  report  a  resolution  in  this  general  phraseology — 
resolved  that  the  claim  be  settled  by  the  proper  officers  of  the  de- 
partment, according  to  the  principles  of  ei(uity  and  justice.  Thus 
they  have  generally  reeogniz«d  the  existence  of  a  class  of  cases  of 
tliis  description,  and  applied  to  them  a  dill(.'rent  rule  from  that  which 
is  applied  in  other  cases.  Now,  if  this  bill  is  to  be  put  on  its  final 
passage,  I  think  I  shall  bo  constrained  to  vote  against  it.  I  think 
at  least  it  ought  to  be  allowed  to  lie  over,  and  take  its  proper 
place  upon  the  calender.  This  case  is  similiar  to  a  largo  munber 
of  ea.scs  which  have  been  reported  on,  and  if  ihc  Senate  pass  it 
and  refer  the  matter  to  the  department  f(u-  adjustment,  we  shall 
I'.ave  the  same  arguments  addressed  to  us  every  day.  I,  for  one 
prefer  that  this  case  should  stand  as  all  other  eases  do.  I  am  not 
aware  of  any  thing  in  it  tlial  entitles  it  to  special  precedence. 

Mr.  CLAYTON. — The  gentleman  is  mistaken  in  supposing 
that  the  committee  had  any  doubt  in  regard  to  the  propriety  of  af- 
lowing  the  claim.  There  was  no  dillcrcnee  of  opinion  whatever. 
It  was  understood  that  this  individual  was  entitled  to  the  amount,' 
and  the  projier  aceonntig  ofiiccr  wasdesirousofgivino  him  the  credit'. 
He  had  no  ibuibt  ofthe  pro|aicty  of  it,  but  ho  thought  that  Ciuigicss 
ought  to  give  him  the  authority  to  do  what  was  siuight  to  be  dime  in 
the  premises.  There  was  not  a  s!iad<iw  of  doubt  as  To  the  proprietv 
but  Ihe  commissioner  did  not  report  that  he  should  be  allowed  tlic' 
amount.  They  had  merely  authorized  the  ofiicer  of  the  depart- 
ment to  give  it  him,  if  he  be  fiamd  to  be  entitled  to  it.  This  is  not 
one  of  those  cases  which  the  honorabh>  Senator  from  New  Jersey 
has  referred  lo.  There  was  no  doubt  in  the  mind  of  the  commit- 
tee, and  n<i  doubt  in  the  mind  of  the  proper  accounting  onieor  of 
the  Treasury,  as  to  the  propriety  or  justice  of  .allowing  tlie  amount. 
The  only  doubt  was,  whether  that  ofiicer  had  authority  to  do  jus- 
tice in  (he  insr  without  the  sanction  of  Congress.  Now,  if,  under 
these  circumstances,  it  bo  Ihoiight  necessary  lo  delay  a  bill  cd'this 
kind,   I  will    offer  no  objection  ;  but  I  certainly  suppose  the  bill 


might  pa.ss  the  Senate  without  going  through  the  ordinary  form  of 
being  read  on  different  days. 

Mr.  DOUGLAS  here  read  a  paragraph  from  the  letter  of  the 
Comptroller  of  the  Treasury. 

Mr.  BADGER.— If  I  understand  correctly  the  points  of  the  case, 
as  given  by  the  Senator  from  Florida,  it  seems  to  me  that  without 
some  further  statement  or  explanation,  there  is  very  serious  objec- 
tions to  the  passage  of  this  bill.  I  understand  it  to  be  an  applica- 
tion on  the  part  of  a  disbursing  officer  of  the  L^nilcd  States,  to  be 
allowed  a  credit  in  his  account  with  the  Treasury,  for  a  sum  of 
money  which  has  been  lost  in  consequence  of  being  deposited  by 
him,  without  authority  of  law,  in  a  banking  institution. 


Mr.  CLAYTON.- 

gislaturo. 


-He  had  the  authority  of  the  Territorial  Le- 


Mr.  BADGER.— Very  well  ;  he  was  a  disbursing  officer  of  the 
United  States,  subject  to  the  laws  of  Congress,  and  prohibited  by 
a  law  of  Congress  from  depositing  the  funds  ofthe  United  States 
in  a  banking  institution.  He  vNas  himself  bound  to  keep  them,  and 
without  sanction  or  authority  from  his  superiors  in  oHiee,  without 
a  dispensation  given  to  hiin  by  those  to  whom  he  was  responsible, 
and  \wlio,  on  higher  ground,  represented  the  interests  of  the  L^nited 
States,  but  by  authority  of  a  State  Legislature,  he  unlawfully  takes 
these  funds,  deposited  them  in  a  banking  institution,  and  they  are 
lost.  Now,  what  does  this  bill  propose  to  do  ?  As  I  understand 
it,  it  proposes  to  legalize  this  transaction.  If  he  was  authorized 
by  law  to  make  the  deposite,  he  would  undoubtedly  be  irresponsi- 
ble ;  if  in  making  it  he  followed  the  line  of  his  duty,  he  would  h,ave 
a  right  to  di.'mand,  as  a  matter  of  justice  and  of  law,  that  credit 
should  be  allowed  to  him.  This  bill  directs  the  ofiicer  of  the  Trea- 
sury to  settle  his  account,  not  on  principles  of  law — for  it  will  be 
in  express  contravention  of  law — not  to  give  him  credit  lor  lo.s.ses 
he  has  innocently  sustained  in  the  discharge  of  his  duty — for  that 
he  has  a  right  to  demand  without  the  interposition  of  Congress — but 
they  are  to  settle  his  account  according  to  the  principles  of  equity 
and  good  conscience  ;  in  other  words,  it  is  a  direction  on  the  part 
of  Congress  to  the  accounting  officer  of  the  Treasury,  to  disregard 
in  this  ease  the  obligations  of  law,  and  apply  one  rule  in  the  set- 
tlement of  the  accounts  in  this  case,  while  the  general  law  requires 
another  rule  to  be  applied  in  all  circumstances.  I  must  confess, 
sir.  that  with  every  disposition  in  the  world  to  relieve  a  man  who 
has  sullercd  in  the  diseliarge  of  his  duty,  if  any  thing  could  be 
shown  by  which  it  would  appear  that  he  was  under  a  reasonabU! 
apprehension  that  he  was  doing  his  duty  as  if  he  had  been  directed 
by  his  superior  officers,  I  should  be  anxious  to  interpose  and  re- 
lieve him.  But  it  seems  to  me  it  wouldbe  a  dangerous  precedent 
for  Congress  to  declare  that  when  an  officer  of  the  governiticnt 
having  charge  of  the  funds  of  the  government,  shall  think  proper 
to  make  a  deposit  contrary  to  law,  they  will  relieve  him  from  the 
consequences  of  losses  thus  sustained.  It  would  be  a  direct  and 
open  invitation,  by  the  policy  adopted  here,  to  all  officers  similar- 
ly situated,  to  act  in  defiance  of  authority  and  in  defiance  of  law, 
trusting  to  a  relaxation  of  its  provisions  in  their  behalf.  Under 
these  circumstances  it  seems  to  me  that  the  honorable  Senator  from 
New  Jersey  is  correct  in  saying  that  this  bill  ought  to  have  a  little 
more  examination,  and  I  move,  therefore,  that  its  further  conside- 
ration be  postponed  until  to-morrow. 

The  motion  was  agreed  to. 

THE    DISTHICT    OF   .\RK.\NSAS. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  lo  whom 
had  been  referred  the  bill  to  divide  the  District  of  Arkansas  into 
two  Judicial  Districts,  reported  it  without  amendment,  and  sub- 
mitted a  report  upon  Ihe  subject,  which  was  ordered  to  be  printed. 

PROCKEDINGS    AND    DEBATES. 

The  Senate  proceeded  to  consider  the  following  motion,  sub- 
mitted by  Mr.  Mangum,  on  the  30th  December  : 

Ordered,  That  the  Vice  President  be  jiuthorized  and  requested 
to  have  two  moveable  desks  provided  for  the  reporter  of  the  pro- 
ceedings and  debates  of  the  Senate,  and  his  assistants,  upon  tile 
floor  ofthe  Senate  chamber,  to  be  used  only  during  the  session  of 
the  Senate,  and  to  accemmodate  two  persons. 

On  motion  by  Mr.  SEVIER,  it  was 

Ordered,  That  the  motion  bo  referred  to  a  select  committee, 
consisting  of  three  members,  to  he  appointed  by  the  Vice  Presi- 
dent ;  and 

Mr.  Manguh,  Mr.  Sevier,  and  Mr.  Breese,  were  appointed 
the  committee. 

ELISIIA     I,.    KEEN,    DECEASED. 

The  bill  for  the  relief  of  the  administratrix  of  Elislia  L.  Keen, 
deceased, was  read  the  second  time  and  considered  as  in  Commit- 
tee ofthe  Whole. 

Ordered,  That  it  lie  on  the  table. 

JOSETH    WILSON. 

The  Senate  prreeeded  lo  consider,  as  in  Committee  of  the  Whole, 
ihe  bill  for  the  relief  of  Joseph  Wilson,  and  no  amendment  l>eing 
made,  it  was  reported  to  the  Senate. 


January  3.] 


THE  TEN  REGIMENT  BILL. 


55 


Mr.  BADGER  calleJ  for  the  readinc;  of  the  report  accorapany- 
ing  the  bill,  ami  it  was  read  by  the  Secretary. 

Ordered,  That  the  bill  be  engrossed  and  read  a  third. 

CLOTHING    FOR    VOLUNTEERS. 

The  bill  tn  jirovide  clothing  lor  volunteers  in  the  service  of  the 
United  States,  was  read  the  second  time  and  considered  as  in 
Committee  of  the  Wliolc,  and  no  amendment  being  made,  it  was 
reported  to  tile  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time. 

Rr.<;uh'iil,  Tlial tiii-i  Iiill  pass,  and  that  tlie  title  thereof  be  "An  Art  to  provije 
riolliiiig  for  volunteers  in  the  service  of  the  United  States." 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

TEN    REGIMENT    BILL. 

The  Senate  then  resumed,  as  in  Committee  of  the  Whole,  the 
consideration  of  the  bill  reported  from  the  Committee  on  Military 
Afl'airs  to  raise,  for  a  limited  time,  an  additional  military  force. 

Mr.  CASS  rose  .and  said  :  This  is  the  first  of  a  series  of  bUls 
which  the  Military  Committee  is  about  to  present  to  the  Senate. 
They  have  commenced  with  the  most  important,  and  will  ask  the 
consideration  of  the  others,  in  succession,  till  they  have  discharged 
the  duty  entrusted  to  them. 

In  presenting  this  bill  I  do  not  propose  to  touch  any  of  the  dis- 
puted topics,  which  divide  the  two  great  parties,  under  the  banner 
of  one  or  the  othe-  of  which,  every  citizen  of  our  country  is  ar- 
rayed. I  sh.all  leave  these  if  introduced  at  all,  to  be  introduced  by 
others.  I  had  hoped,  till  I  heard  the  incidental  discussion  which 
arose  a  day  or  two  since  on  the  question  of  taking  up  this  bill,  that 
these  exciting  subjects  would  be  postponed  for  some  future  oppor- 
tunity, and  that  the  propositions  now  submitted  would  be  considered 
upon  their  military  merits,  taking  it  for  granted  that  the  propriety 
of  voting  the  additional  force  required  would  not  be  controverted. 
I  was  well  aware  that  we  could  not  escape  a  full  discussion  of  the 
origin  of  the  war,  its  progress,  its  objects,  and  the  whole  comso 
of  the  administration  epnneeteil  with  it.  Nor  indeed  did  I  wish  to 
avoid  it.  However  severe  may  be  the  attack,  I  trust  it  will  be  as 
earnestly  mot,  and  easily  repelled,  for  I  consider  the  ground  which 
the  administration  occupies  as  perfectly  impregnable.  I  am  appre- 
hensive, however,  from  the  remarks  *vhieli  fell  from  some  of  the  hon- 
orable Senators  the  other  day,  that  the  whole  field  of  controversy  is 
to  be  gone  over,  and  that  we  are  to  fight  this  bill,  necessary,  as  I 
deem  its  immediate  passage  to  the  public  interest,  inch  by  inch, 
till  all  the  great  party  questions  of  the  day  are  debated  and  ex- 
hausted. If  it  is  to  be  so,  I  must  of  coarse  submit,  but  the  fault 
shall  not  be  mine,  nor  will  I  provoke  the  contest  by  introducing  any 
topics  which  may  properly  lead  to  it. 

There  is  one  point,  sir,  where  we  all  can  meet,  and  that  is  the 
gallantry  and  good  conduct  of  our  army.  This  is  one  of  the  high 
places  to  which  we  can  come  up  together,  and  laying  aside  our 
party  dissensions  mingle  our  congratulations  that  our  country  has 
had  such  sons  to  go  forth  to  battle,  and  that  they  have  gathered 
such  a  harvest  of  renown  in  distant  fields.  The  time  has  been, 
and  there  are  those  upon  this  floor  who  renieinber  it  well,  when 
our  national  flag  was  said  to  be  but  striped  bunting,  and  our  armed 
vessels  but  fur  built  frigates.  The  feats  of  our  army  and  navy 
during  om-  last  war  with  England  redeemed  us  from  this  reproach, 
the  oflTspring  of  foreign  jealousy;  and  had  they  not,  the  events  of 
the  present  war  would  have  changed  these  epithets  into  terms  of 
honor;  for  our  flag  has  become  a  victorious  standard,  borne  by 
marching  columns,  over  the  hills  and  valleys,  and  through  the  cities, 
and  towns,  and  fields  of  a  powerful  nation,  in  a  career  of  success, 
of  which  few  examples  can  be  found  in  ancient  or  in  modern 
warfare. 

The  movement  of  our  army  from  Puebla  was  one  of  the  most 
romantic  and  remarkable  events  which  ever  occurred  in  the  military 
annals  of  our  country.  Our,  troops  did  not  indeed  burn  their  fleet, 
like  the  first  conquerors  of  Mexico,  for  they  needed  not  to  gather 
courage  from  despair,  nor  to  stimulate  their  resolution  by  destroy- 
ing all  hopes  of  escape.  But  they  voluntarily  cut  off  all  means  of 
communication  with  their  own  country,  by  throwing  themselves 
among  the  armed  thousands  of  another,  and  advancing  with  stout 
hearts,  but  feeeble  numbers  into  the  midst  of  a  hostile  country. 
The  uncertainty  which  hung  over  the  public  mind,  and  the  anxiety 
everywhere  felt,  when  our  gallant  little  army  disappeared  from  our 
view,  will  not  be  forgotten  during  the  present  generation.  There 
was  universal  pause  of  expectation — stopping,  but  still  fearing; 
and  the  eyes  of  twenty  millions  of  people  were  anxiously  fixed 
upon  another  country  which  a  little  band  of  its  armed  citizens  had 
invaded.  A  veil  concealed  them  from  our  view.  They  were  lost 
to  us  for  fifty  days;  for  that  period  elapsed,  from  the  time  when  we 
heard  of  their  departure  from  Puebla  till  accounts  reached  us  of 
the  issue  of  the  movement.  Tlie  shroud  which  enveloped  tliem 
then  gave  way,  ar.d  we  discovered  our  glorious  flag  waving  in  the 
breezes  of  the  capital,  and  the  city  itself  invested  by  our  army. 

And  similar  circumstances  marked  the  very  coiuinencement  of 
the  war,  when  the  Mexicans  first  surrounded  our  troops,  and  shut 
them  out  from  all  communications  with  their  country  This  un- 
expected attack  struck  us  all  with  astoni.shment,  and  we  feared, 
as  well  we  might,  that   numbers   would  overcome  discipline  and 


valor,  which,  however  they  might  prolong,  could  not  be  expected 
to  succeed  in  the  contest.  And  hopeless  indeed  might  have  been 
the  result,  had  not  the  honored  soldier,  who  commanded  our  troops, 
had  confidence  in  theni,  and  they  in  him.  Had  he  not  known  how- 
to  lead  and  they  to  follow.  And  well  and  bravely  did  they  afl  beai- 
themselves  in  the  critical  cirenrastanecs  which  surrounded  them; 
and  our  doubts  soon  gave  way  to  certainty,  and  gloomy  forebo- 
dings to  glorious  convictions.  And  the  campaign  thus  commenced 
was  vigorously  followed  up  on  the  Rio  Grande,  and  victory  after 
victory,  till  the  crowning  triumph  at  Beuna  Vista  was  heralded 
by  every  breeze  and  became  lamiliar  to  our  ears  as  househoKl 
words. 

During  the  whole  of  t4iis  war  there  has  been  a  series  of  suc- 
cesses, which  has  been  uninterrupted  by  a  single  serious  disaster. 
I  hold  in  my  hand  a  tabic,  prepared  at  the  Adjutant  General's  Of- 
fice, from  the  best  materials  which  can  be  found  there,  exhibiting 
the  actions  fought  with  the  enemy,  and  the  forces  eng,aged,  and 
the  losses  sustained  by  each  party.  As  we  have  oliieial  data,  tlic 
true  losses  on  our  side  are  sttited.  But  those  on  the  side  of  the 
Mexicans,  are  in  some  instances  entirely  omitted,  and  in  others, 
conjecturall}'  estimated.  This  table  shows  the  whole  truth  so  far 
as  we  are  concerned,  and  but  a  part  of  the  truth  so  far  as  the  ene- 
mv  is  concerned.  Still,  even  under  these  circumstances,  it  is  one 
of  the  proudest  trophies  with  which  any  array  ever  enriched  its 
country. 

[Sfe  table  on  n$xt  page.] 

The  Adjutant  General  semarks,  that  he  cannot  vouch  for  the 
perfect  accuracy  of  the  above  statements,  as  from  their  nature 
they  must  often  be  estimated.  He  adds  that  the  above  tabh^,  al- 
though es.sentially  correct,  is  not  entirely  complete,  for  he  thinks 
there  arc  yet  wanting  some  reports.  &.c.,  of  alFairs,  which  have 
been  lost  or  intercepted,  and  it  may  lie,  that  the  above  statement 
mav  hereafter  need  amendment  or  correction. 

If  we  recorded  our  history  upon  stone,  as  was  dene  in  the  prim- 
itive ages  of  the  world,  we  should  engrave  this  series  of  glorious 
deeds  upon  tables  of  marble.  But  we  shall  do  bettor;  we  shall  en- 
grave it  upon  our  liearts,  and  we  .shall  nommit  it  to  the  custody  of 
the  press,  whose  monuments,  frail  and  feeble  as  they  appear,  yet 
from  their  wonderful  power  of  midtiplieation,  are  more  enduring 
than  brass  or  marble,  than  statutes  or  pyramids,  or  the  proudest 
monuments  erected  by  human  hands.  Let  it  be  remembered,  sir, 
that  these  battles  were  fought  in  a  gretit  measure  by  new  and  un- 
disciplined troops,  hastily  collected  at  home,  and  rapidly  marched 
to  the  seat  of  warfare.  By  men  who  had  ijbandoned  the  duties 
and  comforts  of  domestic  life,  and  who  made  war,  not  a  tr.ade  as 
in  Europe;  but  a  temporary  employment;- in  order  to  defend  the 
interest  and  honor  of  their  country.  And  even  the  small  regular 
army,  which  existed  at  the  commencement  of  the  war.  had  seen 
liltle  actual  service  in  the  field,  and  that  not  with  a  civilized  foe, 
but  in  murderous  conflicts  with  Indian  tribes,  where  there  was 
much  exposure  to  meet  and  little  glory  to  gain.  Many  of  the 
officers  .and  soldiers,  and  indeed  a  great  majority  of  them,  and 
some  of  the  commanders,  too,  saw  the  first  gun  fired  in  the  very 
field  which  they  illustrated  by  their  deeds,  and  moistened  with 
their  blood.  Honor,  then,  to  tlie  highest  and  to  the  lowest,  to  the 
greatest  and  the  least.  Honor  to  the  living  and  the  dead — those 
who  survive  to  enjoy  it,  and  to  the  memory  of  those  who  sleep  m 
a  soldier's  grave,  far  from  the  land  they  loved  so  well.  And  liap- 
pv  am  I  to  see  upon  this  floor,  at  this  moment,  particularly,  one 
of  the  gallant  officers  who  have  inscribed  their  names  high  upon 
the  military  roll  of  their  country,  and  there  are  others  like  him,  in 
this  city,  who  have  returned  from  the  campaign  in  which  they 
distinguished  themselves,  bearing  upon  their  persons  inetraeahle 
marks  of  courage  and  patriotism.  A  kind  Providence  has  permit- 
ted them  to  come  back,  and  the  plaudit  of  grateful  millions,  ''well 
done  good  and  faithful  servants,"  is  the  proud  welcome  which 
greets  them.  Let  modern  philanthropists  talk  as  they  please,  the 
instincts  of  nature  are  truer  than  the  doctrines  they  preach.  Mili- 
tary renown  is  one  of  the  great  elements  of  national  strength, 
as  it  is  one  of  the  proudest  sources  of  gratification  to  every  man 
who  loves  his  country,  and  desires  to  see  her  occupy  a  distinguished 
position  among  the  nations  of  the  earth.  I  shoifld  have  been 
proud  to  have  been  in  Europe  Muring  our  military  operations  in 
Mexico — proud  to  witness  the  effect  of  the  skill  and  prowess  of 
our  army  upon  the  statesmen,  and  politicians,  and  communities  of 
the  old  world.  During  the  course  of  these  events  there  was  no 
war  there  to  attract  the  general  attention,  and  to  excite  by  its  un- 
certainties and  vicissitudes,  the  solicitude  of  the  government.  Our 
war  was  the  event  of  the  day.  and  many  a  steadfast  gaze  was 
cast  across  the  Atlantic  to  watch  the  prospects  and  progress  of 
the  pattern  republic,  as  we  are  invidiously  termed,  in  the  new  ca- 
reer into  which  we  had  entered.  As  we  all  know,  our  institutions 
have  friends  and  foes  in  the  other  hemisphere.  To  both  they  are 
a  light,  shining  across  the  ocean,  but  inviting  some  and  warning 
others,  as  the  impressions  our  experiment  has  produced  have  been 
favorable  or  unfavorable.  The  anti-rcpublieau  croakers  of  the  ol  1 
world,  at  the  commencement  of  our  government,  predicted  that  it 
could  not  long  resist  the  shocks  of  peace  or  war.  When  they 
found  it  could  do  both,  and  do  it  successfully,  they  then  denied  our 
jiower  to  earrv  on  a  war  without  our  own  boundaries,  should  cir- 
cumstances require  such  an  exertion  of  national  strength.  This 
was  our  first  great  trial;  for  in  the  invasion  of  Canada,  during  the 
last  war,  the  operations  were  so  near,  that  they  did  not  test  our 
strength  for  distant- warfare.  The  trial  has  been  made,  and  has 
succeeded.     No  one  will  hereafter  call  in  question  our  capacity  to 


56 


THE  TEN  REGIMENT  BILL. 

TABLE. 


[Monday, 


Dale. 

Forces  engaged. 

No,  of  killed. 

No.  of  wounded. 

Remarks, 

Affair  or  liallle. 

.■\mericans,  regn- 
lars  and  vol's. 

Mexicans. 

.•Vmericans,  reg- 
ulars and  vol's. 

Mexicans, 

Americans,  re- 
gulars and  vols. 

Mexicans, 

IMO, 

J.      Detacbment     onder    Captain 

Thornton,  2cl  dra£oon«    in  a    re- 

connoitianco  on    the  Rio  Urande, 
alMjve  Fort  Brown,  Texas 

April  23     - 

t'.3 

200 

Ill 

unknown 

l> 

unknown 

2.      Detachment  of  ('apt.  Walker's 

Te.\a>i      Rangers,     near      Point 

April  28    -         - 
Mav  4tli  to  nth 
May  Sth     - 
MayU'h    - 
September  21,  22,   23 
Deceinl)er  (J 

30' 

2,300 
1 ,7IHI 
0,IM,i 

no 

.■lOO 

100 

10 

unknown 

_ 

unknown 

3.  Koit  Brown        -        -        .        - 

4.  Palo  Alto           ...        - 

5.  Resaca  de  la  Palma 

6.  Monterey            .... 

7.  San  Paional,  V.  California 

4,000 
l',.OOII 
)i..'»00 
10,000 

it;o 

l,-.>20 

4 

30 

120 

19 

unknown 

100 

200 

700 

unknown 

*2IK1 

10 
42 
98 
3(58 
15 

unknown 

300 

400 

Quknown 

Quknown 

'^killed  and  wounded. 

9.  T-os  Angelo8,  California     - 
10,  Iia  Canada.  New  Mexico 

1M7. 
Janu.ary  8lh,  illb. 
January  24 

.•iOO 

rijio 

CilKI 

1,,'ion 

1 
2 

*80 
30 

14 
6 
3 
1 

4G 
408 

- 

^killed  and  wounded. 

11,  Mora,  New  Mexico  -        -        - 
V2.   Kl  Embudo        .        .        .         - 

13.  PoebladeTao» 

14.  Buena  Vista      ... 

15.  Sacramento       -        .        .        . 
Ifi.   Vera  Crnz 

17.  Cerro  tionio        •        -        -        - 
It*.  Calaboso,  California,  De  Ru^ev 

January  24 
January  2it 
Fcbrna'ry  4 

300 
4,7,i» 

700 

soo 

20,000 

G 
2r,7 

20 
130 

*1.,">00 

(M 

-*killeil  and  wounded. 

Kebruatv  3>< 
March  I'l   to  2!)  - 

900 
11,000 

4,0(KI 

5,,'ion 

12 

*(jf)0 
'^lOO 

5 
51 

~ 

*killed  and  wonnded. 
*kined  and  wounded. 

April    Irt    - 
July  12       -        - 

?',,'>00 

lit; 

12,000 
1,30(1 

87 
13 

*  1,200 
200 

353 
13 

- 

♦killed  and  wounded. 

19,  Contreras.          "] 

20,  San  Antonio,    }■ 

21,  C'hurubusio,     J 

SS,  On  Major  (.ally's  march 

23.  Molino  Del  Rey 

24.  Chapulteiiec       -        -        -        - 

25.  Attack  on  Pnebia 

August    19^    211 

8,497 

32,IHI0 

104 

♦4 ,000 

8C5 

- 

♦killed  and  wounded. 

August  10  to  111 
September  H 
September  11,  12,  13 
Si^l.  13lo()el.  12      - 
(.ictober  9  - 

1,200 
3,2,51 
7,1H0 
1,400 
1 ,780 

2.000 
14,1100 
2,'.,0('0 
^^,o(J(J 
4,0111) 

9 

201 
178 

14 

unknown 

'3,01)0 

unknown 

unknown 

llil 

74 
581 
C73 

11 

unknown 

nnknown 

unknown 

300 

'^killed  and  wounded. 

27.  (;en,  hane,  Puebia- 

October  12 

3,100 

- 

- 

" 

28,  AllUco 

October  19         -        ', 

1  ..IIW 

2,000 

1 

219 
12,8fKi 

2 

300 

Total 

11,077 

3,669 

1,360 

assert  our  rights,  wherever  these  may  rei[uire  our  interference.  If 
the  irreat  experiment  had  failed,  it  would  have  taken  ai^es  to  re- 
cover from  the  misfortune.  Bui  now,  wliercver  the  American  flag 
is  borne,  or  the  ndme  of  American  known,  and  that  wherever  is 
everywhere,  the  jilorious  feats  of  this  war  have  proclaimed  our 
power,  and  have  announced  that  we  have  taken  our  position  .side 
by  side  with  the  miijhtiest  nations  of  the  world.  Hereafter,  in  the 
wildest  dreams  of  ambition  there  will  be  no  dream  of  conquering 
us,  nor  will  any  hostile  foot  pollute  our  shore  but  to  escape  from 
it,  if  it  ean,  as  best  it  may. 

The  present  bill  provjjjes  for  raisin^r  ten  additional  regiments  of 
infantry  to  serve  dnrinix  the  war.  The  averajre  number  of  each 
regiment  in  the  field  is  rather  less  than  three-fourths  of  the  legal 
establishment;  so  that  this  measure,  if  adopted,  will  add  about 
7.500  men  to  tlie  army  Tlie  organization  is  precisely  that  provi- 
ded in  the  act  which  passed  at  the  last  session  of  Congress  for 
raising  an  additional  force,  and  as  the  details  were  then  fully  con- 
sidered, and  are  well  known  to  the  Senate,  I  need  not  recapitulate 
them  here. 

The  reasons  which  render  this  increase  of  force  necessary,  are 
so  clearly  and  forcibly  stated  in  the  report  of  tlie  Secretary  of  War, 
that  I  need  do  little  more  than  recjuest  that  that  portion  of  the 
document  may  be  read. 

The  following  extract  from  the  report  of  the  Secretary  of  War 
was  then  read  by  the  Secretary  : 

"Our  career  of  succfs-s,  so  (ii^:i5froiis  lo  MWiico ;  oiir  roii(|i]Pst  ol'  i-o  many  of  lit'' 
States  and  territories  ;  the  subjiigatioii  ami  ocoiijiatioii  of  Iut  capital  ,  the  defeat  :in(! 
ilistX-'Kion  of  her  armies  ;  the  capture  of  most  ol  her  iitnferinl  of  war,  and  the  annihi- 
lation of  her  fotiiier  commerce,  have  not  vft  bronchi  jience,  or  the  ot!'er  of  such  terms 
as  could  \^e•  accepted  hy  the  Ignited  States  without  national  dej^radation.  The  war 
ilill  continues ;  anilit  is  |)roper  to  present  some  su^t-"'^''""''  ''i  regard  to  its  further 
prosecution.  In  mnkin;;  these  •iu?pe-*lions.  I  pa'*'*,  without  remark,  the  proposition  that 
we  should  abandon  all  our  acipiLsitions,  and  withdraw  our  troops  from  the  enemy's 
country.  Such  a  projW'iition  could  onlv  he  wrioii^iy  entertained  if  we  were  in  reality 
the  van<|uished  partv,  and  were  convinced  of  our  inuhility  lo  prolong  the  contest  with 
reawinalile  hopes  of  success. 

Onr  further  operations  must,  in  my  opinion,  he  conducted  in  one  of  the  three  fol- 
lowing: nui'&i^s'.^fiTst,  to  take  and  hold  an  iifflemnity  line  ;  to  recede  from  all  places 
nnd  poKilion!.  now  occupied  in  advance  of  it,  and  r»'a-c  from  all  a^'yressive  operations 
b«*yond  that  line  ;  urct/ml,  to  overrun  the  w)ioIc  country,  and  hold  all  the  principal 
placet  in  it  hy  permanent  jrarrisons  ;  and.  third,  to  retain  what  we  now  possess,  open 
the  lines  of  eomniunication  into  the  interior,  and  extetui  our  operarions  to  other  impor- 
tant jilaces,  as  onr  means  and  the  prospect  of  ailvanln{;es  shall  indicate — keeping;  a 
di»po«able  force  always  ready,  within  approac;hahIe  limits,  to  annoy  theeuemy,  to  seize 
»up|ilies.  enforce  contiiluitions,  and  frusttatr*  his  ellbrtj*  to  collect  nieani  and  assemble 
lroo[H  for  the  purpose  of  protrai'tine  tlic  war. 

A  full  discusxion  of  the  comparative  merit.s  of  llip.se  modes  of  coiidnclin^  our  niili- 
lar>-  o|KTation'*  would  extend  this  communication  to  an  unwarrantable  len-ith  ;  I  siiall, 
llier>>fore.  confine  my  remarks  to  a  few  prominent  considerations  relative  to  each. 

With  referenee  lo  n  spi*eily  |H'act.-.  with  proper  indemiiitv  nnd  secuiity — tlie  only  oh- 
jiH-t  of  the  war— llie  line  mdity  it  regarded  as  oh.iect  ion  able.  If  our  present  position 
cannot  command  acceptable  ternw  of  paciticalion  from  IMcxico,  rerirniif  to  an  indem- 
nify line  wonid  certainly  fail  to  prudni-c  ^nch  a  rr^^ult  ;  it  woidd  weaken  the  iiwlucc- 
menlA  of  ihe  enemv  lo  put  an  enrl  to  hontilities.  Res'ored.  by  onr  voluntary  Mirreuder 
to  the  iiosspwion  of  biti  cnpitnl  and  inipoilant  departments,  ami  relieved  from  the  pres- 
sure of  onr  arms,  and  from  all  apprehen-iiins  of  further  coni|iic*;t  uinl  annoyance  lii- 
vond  the  limit.*  we  might  M-lect.  lie  would  be  left  with  mure  abuii.bint  rc<oi'ir.es  Uiau 
he  now  ((owt-^e*  lo  prepare,  at  leisure  aiul  in  fcceniily.  to  stnke  an  etlectivcbluw  with 
eonreutraled  force*  nl  our  detaebe<l  ponts.  To  bold  these  |)osl«  lafcly.  to  lelain  pos- 
•pisioiiof  the  seaitorln  we  now  have,  (if  that  hhoiild  tall  wirltin  tlie  {>oliey,)  and  to 
prevent  inciimions  into  the  terrilorien  which  we  ini;;lit  choov  to  apiiropriato  lo  oiir- 
■elve^,  would,  in  my  opinion,  require  a  force  a*  Inrpe  as  would  snllice  to  maintain 
what  we  now  occupy,  and  to  carry  onr  0|>ernlionH  Mtill  further  in  the  interior  of  llu* 
t-nciuv'i  country,  and  make  him  fefl  the  calainitiet  of  war  in  a  way  Ix-st  calculated 
lo  induce  him  to  Ni-ek  for  |H'aee.  Hut  if  in  llii*  I  am  niiitlnken.  and  the  hne-poliey 
mliould  enable  ui  to  reduce  the  numlior  of  our  troop*,  ittill,  it  will  nut,  ns  1  coticcive, 
thereby  etfect  a  reduction  of  our  BCHml  c:ii«ndtliin;s  for  tho  war. 


Irj'  consequenee  of  the  interniption  o'^  intercourse  between  Uie  seaports  In  ow  jjos- 
session,  and  the  central  parts  of  Mexico,  the  collections  on  imports  have  hitherto  bt^en 
inconsiderable.  If  the  line-policy  i.s  adopted,  this  intercourse  will  continue  to  he  inter- 
rupted, and  conset|nently,  the  receipts  of  revenue  from  this  source  will  he  small. 

Under  the  operation  ot  the  line-jiolicv,  all  expectations  of  lessening  Tlie  burden  of 
sustaining  our  Iroopv.  by  derivinf;  supplies  and  contributions  from  the  enemy,  would 
be  disappointed.  The  supplies  in  the  vicinity  of  our  posts  would  be  withdrawn  from 
oar  reach,  as  soon  as  our  desii;n  to  seize  and  appropriate  them  was  ascertained  or  !tus- 
pected.  But,  were  it  otherwise,  as  our  jiosts  would  be  remote  from  the  wealth  and 
resources  of  the  country,  the  amount  wliich  could  be  obtained  would  be  inconside- 
rable. 

So  far  from  deriving  advantage  from  the  line  policy,  by  way  of  obtaining  assislauee 
from  llie  resources  of  llie  enemy,  towards  the  supjiort  of  our  troops,  we  should,  I  ap- 
prehend, confer  U]>on  a  poition  of  the  people  of  Mexico  a  direct  benetit,  by  opening  lo 
them  at  our  posts  a  market,  in  whicli  we  should  Iiecome  the  purchasers  of  their  pro- 
ducts at  an  exorbitant  price.  These  considerations,  without  bringing  into  view  others, 
have  led  me  to  look  to  one  of  the  oilier  modes  of  0]ieration  I  have  menlioned,  as  pre- 
ferable lo  that  of  occupying  an  indemnity  line. 

In  regard  to  the  second  mode  suggested — that  of  occupying  the  whole  country — tlie 
wide  extent  of  territory  embraced  in  the  Mexican  republic,  the  many  important  points 
to  he  garrisoned,  and  the  long  lines  of  communication  lo  be  kejit  open,  present  difticnb 
ties  of  no  ordinary  magnitude,  if  our  occupancy  is  to  be  of  such  a  cliaracier  as  to  su- 
jiersede  the  Mexican  autliority,  and  require  the  temporary  establishment  of  civil  go- 
vernment. In  carrying  lliis  plan  into  eneet,  it  would  not  be  reasonable  to  rely  upon 
the  favorable  disposition,  or  even  neutrality,  of  any  considerable  part  of  the  Mexican 
[leople,  until  some  assurance  of  llie  stability  of  our  power  was  derived  from-its  contin- 
uance. Our  posts  must  therefore  be  strong,  and  our  forces  numerous,  in  order  to  ■•cure 
the  many  and  long  lines  of  communication,  to  disperse  and  chastise  the  guerrilla  bands 
which  would  obstruct  them,  and  to  suppress  the  more  powerful  uprisings  of  the  people 
wherever  they  may  be  attempted.  I  cannot  safely  estimate  the  force  requisite  lo  carry 
into  full  effect  this  plan,  at  less  than  seventy  thousand  men.  To  insure  the  presence  of 
that  number  iu  the  enemy's  country,  and  at  places  where  they  would  be  wanted,  it 
would  be  necessary  to  raise  a  much  larger  force.  The  great  expense  of  raising,  organ- 
izing, and  sending  to  their  remote  de-stinaliou  so  large  a  body  of  troo;)s  as  soon  as 
needed  lo  give  effect  to  Ibis  plan,  wou!d,  1  apjirehend,  bring  a  very  heavy,  and  ]«;rha[is 
embarrassing,  demand  npou  the  treasury. 

The  third  mode  presenled  is,  in  my  judgment,  preferable  to  theother?.  Beyond 
certain  limits,  it  admits  of  expansion  and  contraction  ;  but,  as  a  lixed  condition,  all 
now  belli  is  lo  be  retained,  and  no  part  surrendered,  but  in  com|iliance  wiUi  treaty 
stipulations.  This  plan  also  contemplates  further  acquisitions  extending  lo  oilier  im 
portaiit  points,  more  or  less  numerous,  as  circnm'*t»uces  may  warrant. 

Notwithstanding  our  victoiic>  have  fallen  with  crushing  weight  upon  the  assembled 
armies  of  Mexico,  most  of  thuse  who  Ijuhl  in  ilieir  liaiuls  the  decision  of  the  ijuestion 
of  peace,  liave  stood  beyond  the  lagiie  of  the  physical  evils  inflicted  by  the  war.  Hy 
extending  the  theatre  of  it,  and  changing  the  mode  of  conducting  it,  they  can  be  made 
to  feel  its  jiressnre.  In  coiiisequcnce  of  our  liberal  and  lnmiaiie  policy,  we  have,  as 
vet.  scarcely  touched  the  subslance  of  the  wealthy  au't  inllueiilial  cl.-usses  in  Mexico. 
"As  the  Mexican  army  has  long  been  to  them  theiiislrumcnl  of  oppression  in  the  hands 
of  their  successive  rulers,  its  destruction  has  not  deeply  enlisted  iheir  sympathies,  or 
alarmed  their  fears.  Our  army  has  aflbrded  them  better  protection  than  their  own  ; 
and  thus,  by  our  presence  and  our  forbearance,  they  have,  within  certain  limits,  bitli- 
erlo  escaped  exactions  from  eitiier.  IJut  our  successes  have  now  opened  the  way  to 
act  upon  and  influence  those  who  nrobably  can,  if  they  will,  put  an  end  to  hostilities. 
Uy  making  tlieni  sufterllie  usual  calamities  of  war,  they  must  be  made  to  desire  peace. 
In  addition  to  tlic  troops  re(|uireil  (o  garrison  jilaces  to  be  relainedr  it  is  proposed  to 
have  in  the  lield  a  competent  Ibrce  for  aggressive  ojierations — to  strike  the  enemy  when- 
ever lie  may  prcst-iil  a  vulnerable  point  ;  to  open  a\eiiiics  from  the  ports  in  our  posses- 
sion into  the  eiu-iiiv'-.  coMilry,  and  lo  cover  and  to  subject  to  our  control  some  of  his 
rich  miniii:r  ilisirids  and  productive  agricultural  regions.  It  is  not  deemed  proper  to 
point  out  ill  more  detail  the  niovemelits  and  objects  contemplated  iu  the  further  prose 
culion  of  tlie  war  upon  this  jilan." 

Mr.  CASS. — Assuming  ihat  this  plan  of  operations  recom- 
mended by  tlic  Secretary  of  War  is  the  true  one,  and  for  myself  I 
have  no  (Uuibt  iijion  that  sulijcot.  we  have  then  lour  great  objects 
to  lit'  kept  in  view  in  estintating  tlie  force  to  be  provided  for  ihe 
future  conduct  of  the  war: 

1.  The  continued  occupation  of  tlic  important  position  we  now 
Imld. 

2.  The  taking  possession  of  such  other  commanding  points  as 
experience  luay  show  to  be  proper,  and  as  the  circmnstances  of 
the  war  may  retiiiire. 

3.  Tho  preservation  of  the  necessary  communication  between 


January  3.] 


THE  TEN  REGIMENT  BILL. 


57 


our  positions,  as  well  from  '.he  sea-coast  to  the  capital,  as  in 
other  portions  of  the  country  which  may  be  brought  into  subjection 
to  us. 

4.  A  strong  force,  independent  of  what  is  necessary  for  these 
purposes,  which  shall  always  be  kept  upon  the  alert  and  ready  to 
move  whenever  there  may  be  any  appearance  of  an  outbreak  on 
the  part  of  the  Mexican  people.  , 

The  organization  and  maintenance  of  a  large  force  may  be  the 
means  ol  rendering  its  employment  unnecessary.  It  is  much  bet- 
ter to  render  opposition  hopeless,  by  the  display  of  strength,  than 
to  excite  it  into  action  by  the  exhibition  of  weakness,  and  then  to 
be  compelled  to  resort  to  desperate  struggles,  to  remedy  evils 
which  ordinary  prudence  would  have  prevented.  It  is  true,  hu- 
manity also,  and  we  owe  it  to  ourselves,  to  our  army,  who  have 
done  and  suU'ored  so  much,  to  the  enemy,  and  to  tiie  world.  Remem- 
ber, sir,  that  our  troops  arc  3,000  miles  from  homo,  in  the  midst 
of  a  hostile  population  of  .some  eiglit  or  ten  millions,  and  that  by 
great  exertions  and  unparalleled  bravery  they  have  succeeded 
in  a  partial  subjugation  of  the  country.  But  we  have  no  rig;ht 
again  to  expose  them  to  such  perils.  There  is  a  vast  superiority 
of  physical  force  opposed  to  tliem.  All  experience  shows,  that  in 
this  condition  an  invaded  people  will  suddenly  break  out  into  insur- 
rections, and  sometimes  display  an  energy  and  courage  which  they 
failed  to  exhibit  upon  the  battle  field.  Who  would  weigh  with  a 
critical  balance  the  amount  of  opposition  we  have  to  apprehend, 
and  the  strength  necessary  to  overcome  it,  and  then  coolly  provide 
this  calculated  force,  and  leave  events  to  take  care  of  themselves  ? 
What  kind  of  political  arithmetic  would  that  be,  which  would  .say, 
if  so  many  troops  have  done  so  much,  how  many  will  it  require 
to  do  so  much  more  ?  I  trust  that  the  supplies  we  may  vote  will 
be  given  upon  a  far  better  principle.  Upon  a  principle  which  shall 
look  indeed  to  results,  but  which  shall  make  the  most  liberal  ar- 
rangements for  attaining  them. 

The  proceedings  of  this  government  are  as  well  known  in  Mex- 
ico as  here.  They  do  not  indeed  travel  upon  the  wings  of  the 
wind,  but  they  travel  with  the  power  of  the  press,  and  are  spread 
through  the  civilized  world.  Vigorous  and  prompt  action  will  pro- 
duce the  ha|)piest  efTect  upon  the  state  of  things  in  Mexico.  No- 
thing would  conduce  more  to  impress  upon  the  people  of  that  coun- 
try the  necessity  of  a  peace,  than  a  unanimous  determination  in 
Congress  to  put  forth  all  the  strength  of  the  nation  till  it  is  ob- 
tained. 

I  have  caused  the  following  abstract  to  be  prepared  from  the  re- 
port of  the  Adjutant  General,  exhibiting  the  entire  strength  of  our 
present  army,  including  regulars  and  volunteers: 

VOMirSTEERS. 

Actual  force  about  2<1,0()0 

To  complete  the  orgaiiizalioii  will  require  .        -        -        -        .     ]2,500 

Twenty  tive  regiments  of  regulars.     Full  legal  complimAit  exclusive 

or'olKeers  ----------    28,814 

Actual  strength  21,533 

To  complete  the  organization  will  require         -----      7,281 

During  the  last  year  there  were  recruited — for  the  old  army         -        -     11,018 

For  the  new  army    -        - 11,162 

Forces  in  the  lield  under  Gen.  ScotI — 

Regulars         ---------     17,101 

Volunteers      --------    15,035 

Aggregate       ---------    32,1.111     32.150 

Deduct  the  garrisons  of  Taropico  and  Vera  Cniz      -        -        -        -       1,947 
Makes,  for  all  the  operations  between  Vera  Cruz  and   Mexico,  in- 
cluding garrisons,  togetlier  with  the  sick  and  disabled  -    30,209 
The  returns  in  the  Adjutant  General's  office  do  not  show  the  actual 

distribotion  of  this  force. 
Uuder  General  Taylor,  but  temporarily  commanded  by  Gen.  Wool —  ' 

'         Ret'ulars         -.-----  3,M7 

Volunteers      --------      2,790 

Aggregate      -        -         -----        -        -       6,727       6,727 

Under  General  Price  in  New  Me.\ico — 

Regulars         ---------         255 

Volunteers      -        -        -        -  .        .        -        -      2.902 

Aggregate       ---------      3,157       3,1.^)7 

On  the  Oregon  route,  under  Lieut.  Col,  Powell,  Fort  Kearney — 

Volunteers      -------  -  477 

In  California,  under  Colonel  Mason — 

Regulars                  -                  .                 -        -        -        -         2113 
Volunteers      -         -         -        - 803 

Aggregate       -  i        .  -         .       1,019      1,019 

43..536 

Total  laud  force  employed  in  the  prosecution  of  tlie  war — 

Regulars  -  -----         -    21,509 

Volunteeis      -  -----     21,027 

Aggregate      ---------     43,536 

It  will  be  seen  that  we  have  in  Mexico  utider  General  Scott,  be- 
sides thejjarrisons  of  Tampioo  and  Vera  Cruz,  about  29,000  men, 
rank  and  file,  excluding  othoers,  and  in  the  command  of  General 
Taylor,  an  aggregate  of  6,72H  men,  officers  included. 

From  the  statements  of  the  Adjutant  General,  it  appears  that 
the  actual  force  kept  up  is  less,  by  one-fourth,  than  the  legal  force 
authorized  by  law.  The  continually  renewing  casualties  of  war, 
and  other  circumstances,  occasion  this  difference.  And  it  is  not 
probable  that  the  existing  legal  establishment  could,  by  any  effort, 
be  made  to  keep  in  the  field  a  greater  numerical  strength  than 
is  now  there.  So  that  if  the  force  of  the  army  is  to  be  materially 
iAigmented,  this  must  be  done  by  the  creation   of  new  corps,  and 

30th  Cong. — 1st  Session — No.  8. 


by  multiplying  the  arrangements  for  procuring  recruits  and  vol- 
unteers.  I  have  omitted  in  this  enumeration,  some  bodies  of  vol- 
unteers which  have  been  called  out,  but  have  not  yet  joined  the 
army.  They  cannot,  if  full,  which  it  is  not  probable  they  will  be, 
exceed  2,200  men,  and  do  not  change  the  question  before  us,  if  in- 
deed they  do  more  than  keep  up  for  a  time  the  present  number  of 
volunteers  in  the  field. 

I  know  nothing  more  of  the  proposed  plan  of  the  campaign  than 
is  disclosed  in  that  part  of  the  report  of  the  Secretary  of  War 
which  has  just  been  read  to  the  Senate.  I  do  not,  therefore,  pre- 
sume to  speak  authoritively  upon  the  subject,  and  indeed  it  may 
rt'cll  be  that  no  fixed  system  of  operations  has  been  or  will  be  pre"- 
scribed  by  the  Executive;  but  that,  after  expressing  its  general 
views,  the  conduct  of  the  war  will  be  left  to  the  discretion  of  the 
commander.  But  it  is  easy  to  see  that  if  the  obstinate  injustice  of 
the  Mexicans  drives  us  to  greater  exertions,  and  to  a  more  enlarged 
sphere  of  operations,  there  are  a  number  of  positions  which,  from 
their  importance,  military  or  political,  we  must  seize  and  hold. — 
These  can  only  be  indicated  l)y  an  exact  knowledge  of  the  coun- 
try, and  particularly  of  its  great  lines  of  communication,  which 
must  be  commanded  and  guarded. 

And  the  mining  countries  would  claim  their  share  of  attention, 
in  the  efforts  we  may  be  called  on  to  make.  The  rich  districts  of 
Zncatocas  and  San  Luis  yet  contribute  their  supphes  to  the  re- 
duced treasury  of  the  enemy.  I  have  seen,  within  a  few  days,  a 
letter  from  one  of  the  most  gallant  and  distinguished  generals  in 
Mexico,  which  estimates  the  revenue  now  derived  from  the  mines, 
at  an  amount  so  much  higher  than  I  was  prepared  to  expect,  that 
I  am  unwilling  to  state  it  here,  as  I  am  not  at  liberty  to  name  my 
authority.  But  if  this  information  is  correct,  or  near  it,  the  pro- 
duct is  a  most  important  portion  of  the  national  resources,  which 
should  bo  diverted  from  the  Mexican  treasury  to  ours.  And  he 
also  gives  it  as  his  decided  opinion  that,  by  proper  arrangements 
and  directions,  the  produce  of  the  taxes  of  the  country  may  be 
made  to  bear  the  expenses  of  holding  it  in  our  possession.  If  so, 
and  the  same  infatuation  continues  to  prevail  in  the  Mexican 
councils,  we  can  hold  on,  as  indeed  we  must  hold  on,  and  let  the 
enemy  pay  the  cost  of  a  state  of  things  whose  existence  is  owing 
to  themselves.  Without  the  extinction  of  their  independence,  and 
the  annexation  of  such  a  vast  population  to  our  country,  with  few 
sympathies  to  unite  them  to  us,  we  can  continue  to  govern  them; 
and  govern  them  with  energy  and  justice,  sucli  as  are  new  in  their 
history,  till  the  lessons  of  adversity  shall  have  taught  them  to  do 
us  right,  and  till  the  experience  of  our  sway,  and  its  operation 
around  them,  shall  have  brought  them  to  a  better  state  of  feeling. 
We  can  then  treat  with  efficient  rulers,  and  after  securing  the 
just  objects  of  the  war,  we  can  retire,  leaving  the  Mexican  people 
in  the  enjoyment  of  their  independence,  with  a  salutary  conviction 
that  it  is  better  to  provoke  our  friendship  by  justice,  than  to  pro- 
voke our  enmity  by  insults  and  aggressions. 

The  returns  show  that  we  have  less  than  20,000  men,  rank  and 
file,  which  exclude  officers,  in  the  midst  of  a  hostile  population,  of 
eight  or  ten  millions,  differing  from  us  in  race,  in  language,  in  re- 
ligion, in  institutions,  in  prejudices,  and,  indeed,  in  all  the  charac- 
tics,  which  constitute  national  identities,  and  separate  the  great 
families  of  mankind  from  one  another.  This  is  exclusive  of  our 
force  upon  the  Rio  Grande,  amounting  to  about  six  thousand  rank 
and  file,  and  which  is  hardly  large  enough  to  hold  that  region  in 
peaceable  possession,  and  to  guard  against  the  irruption  of  the 
Mexican  troops.  And  it  may  be  that  this  force  will  need  augmen- 
tation, with  a  view  to  onward  operations,  either  directly  upon  San 
Luis,  or  by  tliemore  circuitous  but  less  difficult  route  of  Zacate- 
eas,  to  the  central  countries  of  Nortlern  Mexico. 

He  who  believes  that  this  principal  force  of  28,000  men,  and 
this  auxiliary  force  of  6,000,  including  the  sick  invalids  and  disa- 
bled, are  amply  sulTicicnt  to  hold  in  subjection  the  people  already  re- 
duced to  obedience,  to  carry  the  war  further  the  longer  it  is  protrac- 
ted, and  to  meet  its  casualties,  whether  these  are  found  in  the  battle 
field,  in  the  climate,  or  in  popular  tumults,  may  well  vote  against 
this  bill,  and  refuse  the  augmentation  it  provides.  But  those  who, 
like  me,  believe  that  this  government,  founded  by  all  for  the  "ood 
of  all,  is  bound  by  the  most  sacred  obligations  not  to  expose  its 
citizens  to  unnecessary  peril,  nor  to  push  their  exertions  to  the 
very  limit  of  human  endurance,  but  to  make  the  most  liberal  ar- 
rangements for  the  prosecution  of  the  war,  and  to  hold  the  treasure 
of  the  nation  light  as  dust  when  weighed  in  the  balance  with  the 
life  blood  of  its  sons,  will  cheerfully  vote  for  this  proposition,  and 
hail  its  passage  not  only  as  a  necessary  measure  of  policj',  but  as 
a  tribute  to  gallantry  and  patriotism. 

Mr.  CRITTENDEN.— As  -n-e  have  heard  the  remarks  of  the 
honorable  Senator,  I  will  now,  with  his  permission,  move  to  post- 
pone the  further  consideration  of  this  bill  until  after  tlie  Senator 
from  South  Carolina,  (Mr.  Cilhoun.)  shall  have  an  opportunity 
to-morrow  of  addressing  the  Senate  upon  the  resolutions  introduced 
by  him. 

Mr.  CASS. — I  have  no  objection  to  the  postponement  of  the 
bill,  provided  it  is  understood  that  after  the  honorable  Senator 
from  South  Carolina  has  opened  the  subject,  and  made  the  re- 
marks which  he  desires  to  make,  that  he  will  then  give  way  to 
this  bill.  It  is  only  upon  the  condition  that  he  gives  waj-  to  this 
measure,  that  I  will  consent  to  the  postponement. 

Mr.  C.'VLHOUN. — Believing  that  I  probably  might  not  have 
the  opportunitv  to  speak  to-morrow,  I  had  a  conversation  withth© 
Senator  from  Michigan,  and  expressed  to  him  mv  desire  of  addres- 
fing  the  Senate.     If  I  have  that  opportunity,  it  is  all  I  aak 


58 


THE  TEN  REGIMENT  BILL. 


[Monday, 


Mr.  CRITTENDEN. — I  have  no  objection  to  withdraw  tliat 
motion,  but  witli  regard  to  any  understanding  that  this  bill  shall 
be  prooeeded  with,  I  am  not  disposed  to  admit  myself,  nor  am  I 
authorized  to  enter  into  any  understanding  whieh  will  in  any  way 
eoMimit  Senators  upon  this  side  to  any  particular  course.  I  should 
myself  be  glad  that  the  Senator  from  Michigan  should  proceed,  as 
he  will  of  course  be  able  to  do,  notwithstanding  any  votes  that 
may  be  given  on  this  side  of  the  chamber. 

Mr.  CASS. — I  trust,  if  the  subject  is  not  postponed  expressly 
with  a  view  to  accommodate  the  Senator  from  South  Carolina,  we 
shall  go  on  with  the  eonsidciaiion  of  the  bill,  for  there  is  no  more 
important  question  which  can  bo  presented  to  the  American  Sen- 
ate. 

Mr.  CALHOUN. — I  certainly  am  desirous  of  knowing  in  ad- 
vance whether  I  can  have  an  opportunity  of  speaking  to-morrow 
or  not.  I  introduced  my  resolution  belore  I  lie  Senator's  liill  was 
reported,  and  fixed  a  day  for  its  consideration.  Now,  if  I  am  to 
be  prevented  from  addressing  the  Senate,  by  reason  of  a  measure 
subsequently  introduced,  which  lias  obtained  a  parliamentary  ad- 
vantage, al[  'hat  I  can  say  is,  it  will  be  the  lirst  occurrence  of  this 
kind  that  I  have  ever  known.  All  I  ask  is  the  opportunity  of 
being  heard.  I  do  not  choose  to  speak  upon  this  bill,  and  my 
reason  for  it  is,  that  it  does  not  give  mo  the  scope  which  I  desire. 
I  wish  to  have  it  understood  whether  I  jira  to  have  to-morrow  or 
not. 

Mr.  CASS. — I  hope  the  honorable  Senator  will  do  me  justice; 
he  will  recollent,  and  the  Senate  will  recollect,  that  at  the  very 
time  his  resolution  was  introduced,  and  the  day  ti.xed  for  its  con- 
sideration, I  then  stated  to  the  Senate  that  for  myself,  I  should 
endeavor  to  get  this  bill  up  to  the  exclusion  of  all  other  business. 
I  am  not  actuated,  as  the  Senator  seems  to  infer,  by  a  desire  to 
o.'iclude  him  from  an  opportunity  of  addressing  the  Senate;  I  only 
desire  that  this  measure  shall  be  proceeded  with  without  delay, 
believing  it  to  be  the  most  important  business  that  can  be  brought 
before  the  Senate. 

Mr.  WESTCOTT  said  ho  should  vote  against  any  course  cal- 
culated to    postpone   the  j)assagc  of   this  bill  a  single   hour.     He 
deeply  regretted  that  any   one   had    supposed    there  was  any  dis- 
courtesy towards  the    Senator   from    South    Carolina,    [Mr.  C.\L- 
HOUN,]  in  insisting  on  its  being  .acted  on  before  any  other  business. 
He  disclaimed  any  such   intention  on  his    part.     The  Senator  from 
South  Carolina  was,   of   all   others,   that  member  of  the   Senate 
towards  whom  he  should  be   most  anxious   to  avoid   disrespect  or 
discourtesy.     But  he  conscientiously  regarded  the   passarre  of  the 
bill  as   imparatKcly   demanded    by  every  dictate    of   prudence  and 
wise  policy.     He  did    not   consider  the  decision  of   the  Senate  on 
this  bill  as   at  all   connected  with_  the  resolutions  of   the  Senator 
from  South  Carolina.     No    matter  what  was   the   ulterior  policy 
adopted  by  us — even    if  it  was    resolved    to    withdraw  our    army 
from  Central  Mexico,  and  adopt  the  defensive    line-poliey,  still,  in 
his   opinion,  this   bill    should  be    passed    forthwith.     It    will  take 
nicintlis  after  the  bill  becomes    a   law  to   get    the    troops   into  the 
Held.     After  it  passes  the  Senate  there  may  be  delays  elsewhere. 
Great,  sir, .as  is  the  conlidenee   I    have  in   the    skill,    valor,  and 
prowess  of  our  gallant  soldiers  in    Mexico,  unforeseen  and  unex- 
pected circumstances   may  involve  them  in   difficulties  making  re- 
mforcomcnts  necessary.     The  orders  of  the  government  to  sustain 
the  army  by  taking  supplies  from    the  enemy,   have  just  about  this 
time  been    received  by  the    army.     Three  weeks    hence  we  may, 
and  some  believe  that  we  shall,  get  information  that  the  ell'cct    of 
the  enforcement  of  those  orders  may  be  the  requirement  of  an  ad- 
ditional force    there  forthwilh  to  suppress  outbreaks   and  insurrec. 
tions.     I  will  not  say  I    anticipate  this,    but   it    is  not  improbable. 
Our  fellow-cilizcns  of  the  army  are  in  a  foreign  land,  in  the  midst 
of  eight  or  ten  millions  of  embittered  foes,  wlio    are  ready  to  avail 
themselves  of  any  opportunity  to   massaerte   every   erne    of  them 
They  arc  scattered  over  Me.xico    in    several    difiercut  towns,  and 
divided  into  deiachmcnts  not  .very  strong  in  numbers.     They  arc  in 
a  diirerent  ehmate  from    that    they  have    lived    in— they  are  pecu- 
liarly   lable  to  be  attacked    by  disease.     Armies  are  more   subicct 
to  epidemics  than  those  who    compose    ihciu    are    when   at    their 
homes.     If  any  disaster    should  occur  to    any  of  our  brave  men  in 
Mexico,  winch  the  giving  the    reinforcements  afforded  by  this  bill 
could  have   prcvcnied,  and  if  the  immediate    passage  of  this  bill 
was  delayed  by  any  act  or   vote   of  mine,  I  slmuld  feel  as  if  the 
blood  of  those  thus  sacrihced  w,-is  upon  my  hands.     Another  ar<ru. 
incnt    orced  itself  upon  his  mind.     He    believed,  if  even  it  was  not 
alrca.ly  too  late  to    rea.s.m    on   the    question,    every    hour's    dclav 
tended  .brcetly  to  produce  the  very  result  deprecated    in  the  rcso 
lutions  ol  the  benator  Irom  South  Carolina.     \[  it  eonld  be  avert.'d 
It  was   only  by  sending  a.lduional    troops  to  Mexico  at  once    and 
by  vigorous  means,  making    her  feci    the    war  in    every  portion  of 
the  country,  and  lorcing  her  to    sue  for    peace.     Indecision    here 
delay,  here,  oppo.suio,,    lio,o,   encouraged  our    enemies  in  Mexk-o 
to  hold  out,    and  hiial  y  the    conniry  would    become    such  a  mere 
wreck,  that  we  should  be  compelled  to  take    it  all   and  .Toverii   it 
Vi-oroiis  and  speedy  ineasures  would  coerce  her  pc<,ple  To  a  peace 
while  they  had  streiiglb  left   to   sustain    themselves  when  the  war 
was  closed       Under  these    cireumstanees,  (said  Mr.  W  )  anxious 
as  I  am  to  listen  to    ibo    Senator  from    South    Carolina    upon  lis 
rcsoliilions,  I  feel  that  I  am  right  in    resisting  any  and  everv  nost 
ponem.'nt;  and  for  one  I  am  wdling  to  sit  hero  wiihout  an  luljourii' 
in.uit  till  the  hnal  vote  is  taken;  and  I  trnsi   the  Senate  will  do  its 
duty,  and  il  any  detriment  is  occasioned  by  delay,  let  the  respoiisi- 
bility  full  clsowherc.  i""si 


Mr.  BADGER.— When  the  Senator  from  South  Carolina  in- 
troduced bis  resolutions,  something  like  a  fortnight  ago,  he  made 
them  the  order  of  the  day  for  to-morrow,  and  at  the  last  day  of  the 
session  of  the  Senate,  the  honorable  chairman  of  the  Military 
Committee  called  up  the  bill  which  is  now  under  consideration  in 
this  Senate,  with,  as  I  understand,  the  avowed  design  to  keep  the 
measure  before  th»  Senate  to  the  exclusion  of  thoresolutions  of 
the  Senator  from  South  Carolina,  which,  by  a  previous  order  of 
this  body,  were  to  be  taken  up  to-morrow.  This  was  done,  sir. 
against  the  remonstrance  of  the  Senator  from  South  Carolina.  It 
was  done,  in  my  judgment,  sir,  contrary  to  the  usages  of  this  body. 
It  was,  in  my  opinion,  an  exhibition  of  a  want  of  courtesy  towards 
the  Senator  from  South  Carolina.  The  subject  matter  of  the  reso- 
lutions have  been  known  and  announced  to  the  Senate.  The  Se- 
nate has  designated  a  day  on  which  they  shall  be  taken  up  and 
cotisidcred;  and  this  bill  was  called  up  on  the  last  day  of  the  sit- 
ting of  the  Senate  but  one,  before  the  resolutions  of  the  Senator 
from  South  Carolina  were  regularly  to  come  up  before  this  body 
for  consideration,  with  the  avowed  purpose  of  giving  it  precedence 
over  these  resolutions,  and  probably  preventing  the  Senator  who 
had  brought  the  subject  before  the  Senate  frora  being  heard,  and 
having  the  subject  matter  of  his  resolutions  considered. 

Now.  in  my  judgment,  nothing  but  some  extreme  public  neces- 
sity— nothing  but  a  plain  ease,  involving  the  public  good,  and  re- 
quiring immediate  consideration,  should  have  precedence  over 
these  resolutions.  An  object  of  this  kind  alone,  which  could  only 
be  accomplished  by  giving  it  precedence  over  these  resolutions 
would  be  sufficient  justification  for  such  a  course  being  pursued. 
Now,  where  is  the  necessity  ?  Wherefore  is  it  that  this  particular 
bill  is  now  to  be  considered  and  passed  through  with  such  hot 
haste  ?  The  Senator  from  Florida,  it  is  true,  tells  us  that  he  en- 
tertains serious  alarm  lest  in  the  next  three  weeks  our  gallant 
troops,  who  have  covered  themselves  with  honors,  who  have  de- 
fended themselves  against  three  times  their  number,  may  suffer 
some  great  calamity — may  be  overborne  by  superior  numbers. 
Well,  if  any  Senator  expects  any  such  thing,  does  he  expect  these 
ten  regiments  to  be  raised — does  he  expect  that  at  the  slow  and 
limping  pace  at  which  measures  are  passed  through  Congress,  this 
can  by  any  possibility  be  made  available  ?  It  cannot,  sir.  It  must 
be  manifest,  that  whether  this  bill  is  acted  upon  before  the  vote  is 
taken  upon  the  resolutions  of  the  Senator*  frora  South  Caroli- 
na is  a  mat'er  of  the  utmost  inditTerenee,  if  the  actual  applica- 
tion of  the  force  intended  to  be  raised  for  the  purpose  either 
of  relieving  the  troops  or  presccuting  the  war,  either  to  pre- 
serve our  army  or  to  annoy  or  overbear  the  enemy.  This  strikes 
me,  sir,  as  being  the  actual  position  of  the  question  before  the  Se- 
nate. It  resolves  itself  into  this- — shall  the  Senate,  without  any  plain 
reason  founded  on  the  [public  good,  without  any  exigency  demanded 
by  the  present  state  of  the  war,  without  any  possible  reason  to  be- 
lieve that  any  good  purpose  can  be  served  by  it,  set  the  example 
of  putting  aside  a  previous  subject,  and  thereby  offering,  as  it  ap- 
jiears  to  me,  a  want  of  courtesy,  without  example,  as  far  as  I  know, 
in  this  body,  towards  an  honorable  Senator,  who  has  introduced  the 
subject  for  consideration.  Well,  wliat  is  now  proposed?  How  is  it 
that  this  wrong  movement  is  to  be  redressed?  Why,  it  is  supposed 
by  the  postponement  of  the  consideration  of  this  bill  until  the  day 
after  to-morrow,  in  order  to  give  the  Senator  an  opportunity  to  be 
heard,  without  a  disiinct  understanding  that  after  that  shall  have 
been  done,  the  consideration  of  this  bill  is  to  be  resumed.  Suppose 
the  course  pursued  in  calling  uji  this  bill  had  not  been  pursued;  sup- 
pose to-morrow  had  arrived,  the  resolutions  had  come  in  their  order, 
as  in  ray  judgment  they  ought  to  be  permitted  to  do,  what  would 
have  been  the  result?  Why,  not  only  that  the  Senator  from  South 
Carolina  would  have  had  an  opportunity  to  be  heard  upon  his  resolu- 
tions, but  others  would  also  have  had  an  opportunity  to  be  heard — for 
I  do  not  know  but  many  others  may  desire  to  be  heaj'd  upon  these  re- 
solutions, if,  as  be  suggests,  there  is  no  such  scope  in  the  bill  as  in 
the  resolutions.  Is  it  to  be  understood  that  the  subject  is  to  be  taken 
up  merely  to  allow  the  Senator  from  South  Carolina  to  express 
his  views,  and  then  that  a  narrower  ground,  a  more  restricted 
range  is  to  be  given  to  other  gentlemen,  who  may  desire  to  be 
heard  upon  the  matters  at  large  which  are  embraced  in  the  reso- 
lutions? I  hope  we  shall  resume  the  ground  which  I  believe  the 
resolutions  ought  to  occupy.  But  wliat  does  the  honorable  chair- 
man of  the  Committee  on  Military  Affairs  propose?  Surely  he 
does  not  expect  to  force  this  measure  through  the  Senate  with- 
out debate;  surely  he  does  not  expect  that  this  is  a  measure  which 
can  be  passed  silently  through  this  body.  The  bill  must  be  dis- 
cussed as  well  as  the  resolutions.  If  members  ol"  this  body  are 
disposetl  to  spend  three  or  four  weeks  in  the  discussion  of  llie  sub- 
jects embraced  in  the  resolutions,  they  may  be  equally  disposed  to 
discuss  this  bill ;  the  discussion  must  come  sooner  or  later.  I  hope, 
then,  that  the  Senate  will  postpone  this  subject  until  the  day  alter 
to-morrow,  that  the  Senatcu-  fr(uu  South  Carolina  may  be  heard 
to-UKU-row,  and  that  the  Senate  may  then  determine  whether  they 
will  discuss  this  bill,  or  whether  the  discussion  upon  the  rg^olutions 
is  to  be  prosecuted  to  ils  termination.  I  cannot  come  to  an  under- 
standing that  after  the  Senator  from  South  Carolina  has  delivered 
his  views,  the  bill  is  to  be  taken  up,  and  the  discussion  prosecuted 
to  its  termination. 

Mr.  CASS. — I  merely  want  to  relieve  myself  from  the  charge 
of  a  want  of  courtesy  towards  the  Senator' from  South  Carolina, 
who  is  ;ilmost  the  last  man  to  whom  I  should  wish  to  exhibit  the 
slightest  discourtesy.  That  hoiunable  Senator  will  recollect  that 
at  the  time  I  introduced  this  bill,  I  gave  notice  that  I  would  en; 
doavor  to  bring  it  up  at  the  very  earliest  oiiportunity,  and  the  Se- 


January  3.] 


THE  TEN  REGIMENT  BILL. 


59 


nator  must  know  also,  that  it  has  been  out  of  my  power  to  do  it 
sooner,  in  consequence  of  the  stroke  of  Providence  havin<T  fallen 
upon  one  of  our  number,  and  in  consequence  of  the  observance  of 
solemnities  which  were  due  to  the  occasion;  and  now  comes  the 
very  first  day  on  which  the  Senate  could  vote  on  this  subject  and 
the  Senator  says  it  is  a  mark  of  discourtesy  on  my  part  to  urge 
the  consideration  of  the  measure.  Let  mo  ask  the  Senator  whether, 
if  he  regarded  a  particular  subject  as  vital  to  the  interests  of  the 
country,  he  would  rcjjard  the  desire  to  proceed  with  that  measure 
to  the  "exclusion  of  all  others  as  any  mark  of  disrespect?  Would 
he  not  insist  upon  its  immediate  consideration,  even  at  the  hazard 
of  being  accused  of  a  want  of  courtesy?  Would  he  not  do  this 
himself?  I  am  one  who  believe  that  there  is  an  absolute  necessity 
for  this  measure.  The  Senator  from  Florida  very  properly  sug- 
gests that  a  state  of  things  may  arise  in  which  it  would  be  vitally 
important  that  the  troops  proposed  to  be  raised  by  this  bill  should 
be  in  Mexico;  and  an  honorable  Senator  from  North  Carolina  sug- 
sests  the  slow  and  limping  progress  of  measures  through  this  body. 
Why,  that  very  consideration  shows  that  there  ought  to  be  no 
delay.  ^ 

Who  can  tell  what  mav  happen  three  months,  or  even  three 
weeks  hence  ?  This  is  my  view  of  the  matter,  and  I  trust  it  re- 
deems me  entirely  with  honorable  gentlemen  on  both  sides  from 
the  imputation  of  want  of  courtesy.  If  this  measure  be  postponed 
and  the  resolutions  taken  up,  no  man  can  tell  when  the  discussion 
will  be  terminated.  This  is  a  measure  in  which  the  honor  and  in- 
terests of  the  eountrv  may  be  involved,  and  without  which  the  lives 
of  our  citizens  may  be  hazarded.  I  lliink  it  is  no  discourtesy  to  any 
gentleman  to  ask  for  the  consideration  of  measures  so  intimately 
.connected  with  the  public  interests,  before  the  Senate  shall  be  ad- 
dressed upon  other  matters.  I  repeat  that  I  shall  hear  the  honoi  a- 
ble  Senator  with  the  greatest  pleasure  to-morrow.  I  never  hear 
hira  without  pleasure.  I  never  disngiee,  without  I  doubt  my  own 
judgment  ;  anil  with  the  understanding  that  to-morrow  shall  be 
devoted  to  the  bearing  of  the  Senator,  and  that  the  bill  shall  be 
proceeded  with  on  the  next  day,  I  shall  cheerfully  aequiesce,  but 
further  than  that  I  cannot  go. 

Mr.  BUTLER. — I  do  not  rise  to  vindicate  the  views  of  my  col- 
league, but  I  do  rise  to  demand  for  him  the  ordinary  course  which 
is  conceded  by  all  parliamentary  usage.  He  has  heretofore  given 
notice  of  his  purpose  to  express  his  views  to  the  Senate,  and  the 
motion  of  the  honorable  Senator  from  Kentucky  is  nothing  more 
nor  less  than  to  give  hira  an  opportunity  of  doing  so  to-morrow. 
The  majority  of  this  Senat*  lias  of  course  the  power  to  forward 
this  bill,  but  why  does  the  honorable  chairman  of  the  Military 
Committee  desire  so  earnestly  to  avoid  discussion  ?  Is  he  distrust- 
ful of  discussion  on  this  subject  ?  and  docshe  suppose  that  in  the 
course  of  one  day's  discussion  the  minds  of  Senators  here  will  be 
so  modified  as  to  take  from  him  the  power  of  his  own  measure. 
It  may  be  he  distrusts  his  own  friends.  I  am*  not  prepared  to  say 
what  the  result  will  be — whether  the  Senate  will  be  disposed  again 
to  lay  down  the  resolution  and  take  up  the  bill.  I  do  not  say  that 
I  have  any  o]iposition  to  offer  to  the  measure  which  the  Senator 
has  introduced,  nor  will  I  admit  that  he  has  a  right  to  assume  that 
any  member  will  he  the  less  ready  to  support  that  measure  in  con- 
sequence of  any  discontent  that  may  take  place,  but  I  do  say  that 
the  light  to  be  derived  from  discussion  should  be  had.  Discussion 
should  be  permitted  to  proceed  before  we  are  called  upon  to  vote 
upon  any  measure  of  importance .  I  am  very  far  from  agreeing 
with  the  gentleman,  that  I  am  to  take  counsel  from  apprehension 
that  from  a  hasty  announcement  in  this  body,  we  are  to  rush  to  the 
rescue  of  onr  gallant  army,  as  though  it  were  menaced  with  dan- 
ger. I  shall  not  take  counsel  from  any  such  apprehensions  ;  and 
I  think  it  is  but  a  reasonable  request  on  the  part  of  my  colleague, 
that  he  should  be  heard  before  the  subject  is  prejudged. 

Mr.  FOOTE. — I  desire  to  make  a  single  remark — not  more  ; 
nor  would  I  have  intruded  upon  the  Senate  at  all,  in  my  present 
state  of  voice  and  health,  but  for  the  allusion  made  so  pointedly  by 
the  Senator  from  North  Carolina  to  Senators  on  this  side  of  the 
chamber  on  the  point  of  courtesy.  I  confess  that  I  am  not  only 
ambitious  of  recognition  as  a  patriot,  but  I  am  wholly  unwilling 
to  be  recoffnised  as  at  all  w'autinij  in  politeness  or  ijood  leeling. 
How  far  the  Senator  from  North  Carolina  can  reconcile  it  with  his 
views  of  Senatorial  courtesy  to  fulminate  accusations  of  discour- 
tesy against  his  associates  in  this  hall,  without  substantial  ground 
upon  which  to  rest  them,  I  leave  him  to  determine.  According  to 
my  judgment,  though,  the  charge  which  he  has  brought  is  incapa- 
ble of  being  sustained  by  evidence.  What  is  the  fact  ?  I  stated 
before — and  the  venerable  Senator  from  South  Carolina  will  justi- 
fy me  in  the  assertion — that  he,  in  person,  claimed  the  other  day, 
with  that  urbanity  which  alsvays  marks  his  demeanor,  that,  as  an 
act  of  kindness  to  him,  from  his  friends  here,  he  should  be  allowed 
a  hearing  upon  his  resolutions  upon  the  day  fixed  by  him  for  taking 
them  up.  As  soon  as  the  proposition  was  thus  m.ade,  my  beait 
responded  to  the  call,  and  I  thought  all  on  this  side  were  inclined 
to  be  in  unison,  and  that  this  act  of  courtesy  should  be  extended. 
Now,  the  truth  is,  the  Senator  Irom  North  Carolina,  and  those  as- 
sociated with  him,  have  the  control  of  the  whole  matter.  This 
plain,  practical  proposition  has  been  submitted  to  them— that  a 
Ibrmal  understanding  should  arise  in  this  chamber  that  the  Senator 
from  South  Carolina  should  be  allowed  to  he  heard  upon  his  reso- 
lutions, and  that  the  consideration  of  this  bill  should  then  be  pro- 
ceeded with.  How  easy  to  agree  to  such  a  plain  proposition  ! 
But  is  agreement  manifested  ?  With  whom,  then,  is  the  discour- 
tesy, when  it  is  proposed  to  do  all  that  is  asked  for  by  the  Senator 


from  South  Carolina — to  do  all  that  it  may  be  necessary,  to  enable 
the  Senator  to  be  heard  on  these  questions  ?  What  is  the  answer? 
None  at  all.  An  answer  most  significant  ;  an  answer  significant 
of  a  '76  scheme — I  hope  it  may  not  be  considered  discourteous  to 
use  the  word — to  postpone  this  vital  question.  It  is  not  for  me  to 
remind  the  gentleman  from  North  Carolina — who  is  as  distin- 
guished for  his  knowledge  of  the  common  law  as  for  his  learning 
and  eloquence — that  it  is  an  established  principle  of  the  law  (to 
give  the  maxim,  without  using  the  Latin)  "so  far  as  the  reason 
of  the  law  extends,  so  far  the  law  operates,  and  no  farther."  Now, 
the  reason  of  courtesy  is  plain  in  this  ease  ;  requiring,  simply,  that 
the  gentleman  from  South  Carolina  should  have  an  early  hearing 
upon  his  own  resolutions,  and  no  further.  What  does  the  Senator 
from  North  Carolina  say  ? — that  in  violation  of  this  rule  of  reason 
and  common  law,  the  instant  the  Senator  from  South  Carolina  is 
heard  on  the  subject,  then  all  the  other  Senators  shall  also  be  al- 
lowed the  same  privilege.  Is  this  in  accordance  with  the  reason 
stated?  Does  courtesy  require  that  all  should  be  heard?  Have 
all  participated  in  the  concoction  of  this  resolution?  We  are  wil- 
ling to  do  all  that  the  rule  alluded  to  mi^ht  seem  to  require.  The 
Senator  from  North  Carolina  says  that  all  other  Senators  must  also 
be  heard.  Why,  it  is  obvious  to  me,  ami  it  must  be  obvious  to  the 
Senator,  that  by  insisting  that  all  others  must  be  heard,  he  makes 
a  refusal  to  hear  any  Senator  an  act  of  discourtesy,  the  avoithanco 
of  which  he  seems  to  have  so  much  at  heart.  I,  for  one,  sir,  rm 
most  anxious  to  hear  the  views  of  the  distinguished  Senator  from 
South  Carolina.  As  to  the  result  of  discussion  in  this  chamber,  I 
fear  nothing.  There  is  too  much  patriotism  here  to  permit  us  for 
a  moment  to  doubt  as  to  what  will  be  the  action  of  this  body  when 
the  interests  and  honor  of  the  country  demand  such  action. 

Mr.  BADGER. — I  was  endeavoring  to  obtain  the  floor  immedi- 
ately  after   tiic   honorable   chairman   of  Military   Affairs   took  his 
«3at,  for  the  purpose  of  saying  that  I  was  very  much  astonished  to 
hear  him  intimate   that  I  designed  to  charge  him  with  a  want  of 
courtesy  towards  the  Senator  from   South   Carolina.     I  know  that 
that    Senator   is   incapable    of  any   intentional   discourtesy  to  any 
member  of  this  body.     When  I  spoke  of  that  act  as  contraiy  to  the 
usages  of  the  Senate,  I  spoke  of  those  usages    as  I  had  observed 
them  for  a  very  short  period.     It  is   possible  for  gentlemen  to  do 
an  act  of  discourtesy  without  being  aware  of  it  ;  but  I  can  assure 
the  Senator  from  Mississippi  that  he  is  entirely  mistaken  if  he  sup- 
poses that  any  ''soheme"  has   been  concerted   on  this  side  of  the 
chamber.     For  my  own  part,  I   came   from   a  part   of  the  Union 
where  schemes  are  not  very  much  indulged  in — where  they  are  not 
held  in  very   high  estimation.     All  I  intended  was  to  express  my 
own  opinion,  that  according  to  the  views  I  entertained  it  was  dis- 
courteous to  the  honorable  Senator  and  a  violation  of  the  usage  of  the 
Senate.     I  certainly  did  not  suppose  that  either  the  Senator  from 
Michigan  or  the  Senator  from  Mississippi  designed  to  offeradiscour- 
esy  to  the  Senator  from  South  Carolina.     But  it  seems,  sir,  I  am 
claiming  too  much,  when  I  decline  to  enter  into  any  agreement  orun- 
derstandin2,that  as  soon  as  the  Senator  from  South  Carolina  has  ex- 
pressed h  B  views,  his  resolutions  .are  to  he  laid  aside,  and  the  consid- 
eration of  the  bill  resumed,  on  the  ground  that  the  courtesy  of  the 
Senate  is  completely  exhausted,  after  the  Senator  from  South  Caro- 
lina ha  shad  an  ojiportunity  to  be  heard.  Now,  upon  this  point  I  enter- 
tain an  entirely  different  view  from  that  of  the  Senator  from  Mich- 
igan, and  when  he  claims  the  privilege  of  acting  as  his  judgment 
dictates,  it  is  but  right  that  I  should  claim  the  same  privilege.     It 
has  been  suggested  that  ample  range  for  debate  would  not   be  af- 
forded on  this  bill.     If  so.  and  if  courtesy  requires  that  the   Sena- 
tor from  South  Carolina  should  be  heard,  with   this   "ample  room 
and  verge  enough"   for  the   expression  of  his  ideas,  it  follows,  of 
coU'-se,  according  to  the   same   principle  of  common  fairness,  that 
other  Senators  who  dilTer   totally  from   him,  if  there  be  any  such, 
or  entertain  a  modification  of  his  opinions,  should  be  permitted  the 
same  opportunity  for  the  expression  of  those  opinions.     For   these 
reasons  I  am    of  opinion  that  this  matter   should  be  passed  over 
without  any  such  understanding  as  is  proposed,  and  that  the  dis- 
cussion which  is  to  arise  upon  the  resolution,  should  arise  in  regu- 
lar order,  and  be  prosecuted  to  its  final  termination.     At  the  same 
time  I  agree  with  the  Senator  from  Michigan,  that  the  claims  of 
courtesy  towards  any  member  of  this  body  ought    to   yield  to  sub- 
jects of  necessity,  to  measures  which  are  demanded  by  the  circum- 
stances of  the  country,  but  in  this  case  I  cannot  see  that  any  such 
necessity  exists,  and  as  I  hold   it   to    have   been   originally  wrong 
that  the   resolutions  of  the   Senator  from    South    Carolina  should 
have  been  supplanted  or  deprived  of  their  priority,  on  this  subject, 
I  hope  the  Senator  from  Michigan  will  allow  me  to  correct  his  re- 
collection, while  I  disclaim   imputing  to  him   any  intentional  dis- 
courtesy, of  which  I  know  him  to  be  incapable.    He  is  certainly  in 
error  when  he  supposes,  that  at   the  time  when  the  resolutions  of 
the  Senator  from   South    Carolina  were  made  the  special  order  of 
the  day  for  to-morrow,  he  gave  notice  that  he  would,  in  the   inte- 
rim, call  up  his  bill,  because   the  resolutions  of  the  Senator  from 
South  Carolina  were  submitted  on  the   15th  of  December,  and  on 
the  20th  of  December  they  were  made  the  order  of  the  day  for  to- 
morrow.    The  bill  now  under  consideration  of  the  Senate  was  re- 
ported to  the  Senate  on  the  22d  of  December,  beins  two  days  after 
the  resolutions  of  the  Senator  from  South  Carolina  had  been  made 
the  order  of  the  day  for  to-morrow,  a'nd   one   week  after  the  reso- 
lutions had  been  submitted  to  this  body.     Therefore,  it  was  impos- 
sible for  the  Senator,  unless  by  the  spirit  of  prophecy,  to  give  no- 
tice on  the  20th  that  he  would  call  up  a  bill  that  was  not  reported 
from  the  Military  Committee  until  the  93d. 


60 


THE  TEN  REGIMENT  BILL. 


[Monday, 


Mr  CASS.— I  have  no  hesitation  in  saying  thnt  iin  Senator  has 
a  better  knowledge  of  chronology  limn  I'liavc.  >  !M  I  r-coUect  dis- 
tinctly, that  my  object  in  makini;  lliat  inliniaiioi  u :is  to  meet  a 
remark  of  the  Senator  from  South  Carolina,  anil  it  «as  in  connex- 
ion with  what  was  said  by  the  Senator  from  Ohio. 

Mr.  MANGUM. — I  have  no  doubt  that  the  Senator  from  Ar- 
kansas is  perfectly  correct  in  sayinj  that  there  is  no  intention  on 
the  part  of  any  one,  to  prevent  "the  Senator  from  South  Caro- 
lina from  bein"  heard  to-morrow  ;  and  for  the  very  reason,  that 
this  has  been  almost  the  constant  usage  m  this  body.  I  tlimk  a 
creat  deal  more  consefiuencc  has  been  attached  to  the  jmportance 
of  immediate  action  on  this  bill  than  it  is  entitled  to.  There  is  no 
disposition  to  deprive  the  administration  of  the  opportunity  of  pre- 
sontino-  llicir  measures  in  their  own  good  time,  and  althou<;h  I  must 
say  that,  if  I  had  mv  choice,  I  would  prefer  to  hear  the  discussion 
upon  the  resolutions'— to  hear  an  e.xpression  of  the  sentiments  en- 
tertained liy  Senators  previous  to  lying  called  upon  to  grant  suj)- 
plies  to  any  extent— but  if  the  administration  measures  are  urged  on 
the  "round  of  a  pressing  public  necessity,  I  am  unwilling  to  take 
the  responsibility  of  occasioning  any  delay  in  regard  to  those  mea- 
sures which  they  deem  of  the  highest  magnitude.  It  is  true,  that 
the  resolutions  of  the  Senator  from  South  Carolina  open  a  much 
■wiAcr  range  of  debate,  but  if  it  be  the  sense  of  the  Senate  that  tlie 
discussion" should  be  delayed  and  the  supplies  proceeded  with.  I 
shall  not  offer  any  impediment,  nor  will  any  one  on  this  side  of  the 
chamber,  I  am  convinced,  although  I  am  not  authorized  to  speak 
for  others.  ,If  it  be  the  sense  of  the  Senate  to  renew  the  discus- 
sion on  the  bill  as  soon  as  the  Senator  from  South  Carolina  shall 
have  expressed  his  views,  be  it  so.  I  am  not  apprised  that  there 
is  any  disposition  here  unnecessarily  to  postpone  linal  action  upon 
any  measures  of  the  administration. 

Mr.  FOOTE. — When  I  used  the  word  ''scheme,"  it  was  cer- 
tainly not  with  any  discourtesy  towards  the  Senator  from  North 
Carolina.  It  was' merely  in  allusion  to  the  postponement  of  busi- 
ness there  being  conflicting  views  in  regard  to  the  expediency  of 
first  taking  up  one  subject  or  the  other  ;  and  in  reference  to  gen- 
tlemen who  might  be  inclined  to  seize  upon  what  might,  perhaps, 
be  properly  lorined  a  parliamentary  advantage.  And,  while  I  jm 
up,  I  will  remark  that  if  the  Senator  from  North  Carolina  under- 
stands me  as  using  the  word  "scheme''  in  any  disrespectful  sense, 
in  reference  to  himself  or  in  reference  to  the  State  of  North  Caro- 
lina, he  is  entirely  mistaken.  But  while  the  honorable  Senator  re- 
pels the  idea  of  the  application  of  such  a  terra  to  his  own  State,  I 
hope  he  does  not  mean  to  imply  that  I  came  froufa  part  of  the 
country  where  schemes  of  a  discreditable  character  are  more  apt 
to  be  adopted  than  in  North  Carolina.  If  I  had  understood  the 
Senator  as  intending  such  an  intimation,  I  should  have  repelled  it 
at  the  moment  with  promptitude,  and,  perhaps,  with  some  heat. 
The  State  of  Mississippi,  glorious  in  war  and  distinguished  in 
peace,  stands  upon  a  mountain  elevation  too  lofty  to  be  reached  by 
the  arrows  of  assailment  hurled  at  her  character — even  by  the  Se- 
nator from  North  Carolina.  As  was  once  observed  here,  on  a  some- 
what similar  occasion,  by  a  distinguished  member  of  this  body, 
there  is  not  suflicient  strength  in  the  bow  which  he  bends  to  bring 
the  arrows  to  their  mark. 

Mr.  BADGKR. — It  was  ray  intention,  as  soon  as  the  Senator 
had  taken  his  seat,  even  had  he  done  so  without  introducing  such 
a  threatenin;;  ligure,  to  say  to  him  that  I  did  not  think  of  the  cir- 
cumstance which  might  have  led  to  the  suspicion  that  there  was  at 
least  the  appearance  of  discourtesy  in  what  I  said.  I  meant  no  dis- 
courtesy; and  I  assure  him  that  even  if  I  were  not  satisfied  of  the 
strength  of  Mississippi,  on  this  floor  and  elsewhere,  I  entirely  dis- 
claim the  intention  of  assailing  her.  She  is  connected  with  North 
Carolina  by  many  ties  of  a.ssociation;  and  I  can  assure  the  hono- 
rable gentleman  that  if  he  does  not  makeup  a  conflict  on  this  floor 
before  he  is  assailed  by  me,  he  will  pass  through  his  senatorial 
career  (and  long  may  it  be,)  in  the  most  agreeable  manner,  and 
that  he  never  will  have  occasion,  so  far  as  I  am  concerned,  to  make 
the  Senate  the  ari^na  of  any  unpleasant  observations.  And  in- 
deed, I  had  not  the  slightest  idea  that  the  Senator  had  used  the 
word  "scheme"  offensively.  I  am  sure  the  word  dropped  from  him 
unguardedly,  and  I  was  far  from  taking  offence  at  it,  for  I  am  not 
"sudden  and  ([iiiek  in  quarrel" — I  am  not  anxious  to  lind  cause  of 
ofFence,  nor  desirous  to  signalize  myself  in  contests  of  this  kind. 
Perhaps  there  might  have  been  another  consideration- — that  feelin" 
on  the  subject  a  tolerably  clear  conscience,  I  would  not  have  lieen 
much  disturbed  if  I  lind  supposed  the  Senator  was  aiming  the  word 
opprobriously  at  my  State.  " 

Mr.  FOOTE.— I  trust  I  shall  be  excused  for  trespassing  a  sin- 
gle moment  liirther  upon  the  time  of  the  Senate.  Notwithstand- 
ing the  express  disclaimer  of  the  Senator  from  North  Carolina  in 
the  (Irst  half  of  his  r(!marks.  there  is  something  yet  in  the  tone  and 
bearing  of  ihc  honorable  Senator,  which,  without  explanation 
conveys  the  impression  that  he  has  not  that  respect  for  the  State 
of  Mississippi  wliii'h  is  due  to  her. 

Mr.  BADGER. — I  have  expressly  disclaimed  iiucndiiig  any  of- 
fence to  Missis.sippi. 

Mr.  FOOTE. — Sir,  so  I  understood  the  Senator,  and  yet  from 
the  wlndo  tenor  of  his  remarks  wo  are  n.s  much  at  a  loss  as  in  Uic 
intention  of  the  Senator  as  before.  He  certainly  di<l  disclaim  an 
intention  <d'  ollemliiig.  anil  yi't  the  disclaimer  was  aeeompanied  by 
a  suggestion  which   weakened   its  value,  and  served  to  produce 


some  little  merriment.     He  had  stated,  that  he  was  not  aware  of 
the  circumstance  that  would  make  allusion  so  painful. 

Mr.  BADGER. — No,  sir;  the  Senator  mistakes  me.  I  did  not 
say  that  I  was  aware  of  the  circumstance  which  might  make  the 
allusion  painful.  I  said  that  when  I  made  the  remark  I  did  not 
think  of  any  circumstance  which  might  make  the  allusion  painful. 

Mr.  FOOTE. — Very  well,  sir,  I  am  entirely  satisfied. 

Mr.  MANGUM.— I  was  remarking  that  I  think  there  has  been 
a  degree  of  interest  in  regard  to  the  priority  of  proceeding  between 
this  bill  and  the  resolutions  greatly  disproportioned  to  the  import- 
ance of  the  question.  There  is  no  design,  I  am  persuaded,  to 
take  from  the  administration  the  opportunity  of  controlling  the 
measures  which  they  may  propose.  Yet  it  cannot  be  denied  that 
tlic  Senate  has  the  right  to  act  first  upon  such  subjects  as  they 
may  deem  proper,  but  under  the  circumstance  of  this  bill  being 
pressed  by  the  friends  of  the  administration,  though  I  have  a  bare 
preference  the  other  way,  I  will  yield  that  preference,  and  agree 
to  proceed  with  the  consideration  of  the  bill ;  though  in  the  mean- 
time I  desire  that  its  consideration  should  be  postponed  until  the 
day  after  to-morrow,  and  I  now  move  its  iiostjioncment  until  that 
day  ;  and  I  hope  that  the  motion  will  meet  with  unanimous  con- 
currence, and  I  hat  all  dispositions  to  give  preference  to  any  other 
matter  will  vanish. 

Mr.  DOUGLAS. — I  am  afraid  I  will  find  myself  constrained  to 
give  a  vote  which  may  be  considered  wanting  in  courtesy  to  cer- 
tain Senators,  if  I  am  to  judge  from  the  opinions  which  I  have  just 
heard  expressed.  I  would  not  willingly  be  discourteous  to  any 
Senator  ;  but  I  am  unable  to  perceive  how  it  is  that  a  relusal  to  post-> 
pone  the  business  of  the  country,  or  the  necessary  measures  of  le- 
gislation for  the  prosecution  of  the  war,  in  order  to  take  up  an  ab- 
stract question,  having  no  practical  bearing  upon  our  legislation, 
can  be  considered  an  act  of  discourtesy.  1  am  equally  unable  to 
perceive  how  it  is  that  the  resolutions  of  the  Senator  frora  South 
Carolina  will  <jive  a  broader  field  for  the  discussion  of  the  war 
question,  including  its  consequences.  Those  resolutions  do  not 
seem  to  me  to  fairly  bring  up  the  subject  of  the  war.  They  sim- 
ply assert  the  jirinciple  of  opposition  to  the  annexation  of  Mexico; 
a  proposition,  the  alfirniation  of  which  never  has  been,  and  per- 
haps never  will  be  presented  to  us  for  action.  It  is  an  evasion  of 
the  real  question,  by  the  presentation  of  a  false  issue,  if,  indeed  it 
presents  any  issue.  What  do  the  resolutions  mean  ?  Do  they 
mean  that  the  Senate  is  opposed  to  the  acquisition  of  any  territory 
and  to  all  indemnity  !  or  that  he  is  opposed  to  the  annexation  of 
the  whole  of  Mexico  ?  They  may  be  construed  to  mean  the  one 
or  the  other,  and  perhaps  with  equal  plausibility.  They  strike  me, 
sir,  as  furnishing  a  successful  example  of  that  saying  of  Talley- 
rand— that  language  was  given  to  man  by  the  Deity  to  enable  him 
to  conceal,  not  to  express,  his  ideas.  I  am  oppo.sed  to  the  post- 
ponement of  the  legislation  of  the  country  for  the  purpose  of  ta- 
king up  any  such  alistract,  idle  propositions.  I  shall  oppose  them 
from  a  ^en.se  of  duty,  whether  offered  by  the  Senator  from  South 
Carolina,  or  contained  in  the  resolutions  of  the  Senator  from  New 
York.  The  war  bills  are  the  true  measures  upon  which  to  discuss 
the  origin,  progress,  and  results  of  the  war.  If  gendemen  desire 
to  raake  speeches  against  the  war,  I  w  ish  to  have  them  made  on 
the  bills  providing  for  the  prosecution  of  the  war,  so  that  the  pro- 
per responsibility  shall  attach  to  their  speeches  and  acts.  Th% 
.supporters  of  the  war  are  willing  to  take  the  responsibility  of 
speaking  and  voting  for  the  war  measures  ;  let  our  adversaries  take 
the  responsibility  of  their  acts  in  the  same  way.  I  repeat,  that  I 
mean  no  unkinjness  or  di-scourtesy  to  any  Senator.  But  I  raust 
be  permitted  to  say,  that  this  doctrine  of  courtesy  is  being  carried 
to  great  lengths.  I  begin  to  think  there  was  some  force  in  an  in- 
cident which  I  once  witnessed  in  this  chamber.  A  Senator  was 
making  a  speech  against  a  measure  on  constitutional  grounds  ;  a 
friend  of  the  measure  desired  a  brother  Senator  to  go  to  the  Sena- 
tor who  was  onjiosing  the  bill,  and  ask  him  to  vote  for  it  as  an  act 
of  courtesy,  adding,  that  he  would  much  sooner  violate  ihe  consti- 
lution  than  be  deemed  discourteous.  I  suppose,  therefore,  if  we 
are  called  upon  to  withhold  the  recruits  and  supplies  from  our 
army  in  Mexico,  upon  the  score  of  courtesy  to  any  Senator,  we  are 
liouiul  to  yield  to  the  request.  I  trust  that  gentlemen  will  pardon 
nie  if  I  shall  fell  constrained  to  give  my  vote  for  attending  to  the 
public  business  first — for  the  discussion  of  abstractions  afterwards. 

Mr.  WESTCOTT  said  ho  desired  a  few  words  to  correct  a 
misconception  of  llic  Senator  from  IVorlh  Carolina,  [Mr.  Badger,] 
and  also  a  misapprehension  of  the  Senator  from  South  Carolina, 
[Mr.  BtiTLEii.l  with  regard  to  the  remarks  he  made  a  few  mo- 
ments since.  The  first  Senator  seemed  to  think  that  he  was  ap- 
prehensive ol  immediate,  impending,  imminent  danger  to  our  army 
in  Mexico. 

Mr.  BADGER. — I  did  not  understand  him  as  saving  immediate 
danger,  but  that  there  would  be  danger  three  weeks  hencfi. 

Mr.  WESTCOTT  continued  :  And  the  last  Senator  imagines 
lliat  he  was  laboring  under  great  alarm  and  "ctnisternation"  as  to 
Us  safety.  He  had  not  supposed  anything  in  what  he  said,  or  the 
manner  in  which  he  said  it,  would  have  caused  such  thought. 

IMr.  BUTLER  corrected  the  Senator,  and  said  he  had  alluded 
lo  the  remarks  that  apprehensions  were  now  cnteriained  of  news 
being  reccivcil  in  ihrec  weeks  that  would  show  the  necessity  of 
tliese  troo|)s — and  lie  IlkI  imi  referred  to  the  Senator  as  expressing 
any  lears  of  "imminent"  danger. 


January  3.] 


THE  TEN  REGIMENT  BILL. 


61 


Mr.  WESTCOTT.— Both  Senators  had  misunderstood  hira. 
He  had  as  niu'-h  confidence  in   the   army  as  any  man  had.  but  he 
could  not  calculate  closely   the   amount  of  force   that  might  bo 
needed  in  Mexico,  so  as  to  send  the  smallest  number.     He  would 
be  liberal  in  men  and  monev,  and^  above  all,  be  prompt.    He  would 
provide  against  possible  thoui.fh    unexpected   contingencies.     The 
remark  of  the   Senator   from    North    Carolina,  that  months  would 
ensue  before  these  troops  could  bo  raised,  furnishes  a  complete  an- 
swer to  the  argument  of  there   being  no  immediate   necessity  for 
these  troops.     It  was   well  known  that  many   of  our  volunteers 
there  desired  to  be  discharged   and   return  home,  but  who  could 
not  be  allowed  to  do  so  till  their  places  were  supplied  by  new  le- 
vies.    This  should  be  done  as  soon  as  practicable.     Until  the  new 
regiments  of  regulars  provided  by  this   bill  are   sent  to  Mexico, 
none  of  the  volunteers  or  other   troops  there  can  be  withdrawn, 
whatever  their  claims  to  such  favor.    Though  he  did  not  anticipate 
disaster,  much  less  defeat  to  our  soldiers  in  Mexico,  he   would  be 
prepared  for  any  casualty,  not  only  what  was  likely  to  occur,  but 
what  was  possible.     As  to  the  discourtesy  imputed,  he  denied  that 
there  was  any  in  fact.     He  repeated,   the  bill  was  an  independent 
measure,  proper  and  necessary,  whatever  was  decided  upon  as  to 
the  policy  to  be  pursued  towards  Mexico.     He   said  he  could  vote 
for  the   resolutions   of  the    Senator  from  South    Carolina,   if  con- 
vinced thev  were  founded  in  wisdom  and  right,   even  after  this  bill 
passed.     There  was  no  inconsistency  in  suchacourse.     He  should 
listen  to  the  Senator   attentively,  and  if  satisfied,  he  should  vote 
for  the  resolutions,  and  if  not  so  persuaded,  he  should  vote  against 
them.     He  did  not  hesitate  to  say  that  he  believed  one  position  as- 
sumed by  a  distinguished  statesman,  a  citizen  of  Kentucky,   [Mr. 
Clay,]  though  he  had  never  supported  that  gentleman,  to  be  cor- 
rect.    It  was,  that  Congress  had  the  constitutional  right  to  direct 
and  control  the  President  by  law  or  resolution,  as  to  the  m.anage- 
raent  of  a  war.     He   did  not,   as   some   gentlemen  did,  limit  this 
right  to  the  declaring  the  objects  of  the  war  ;  in  his  opinion,  the 
Senate  and  House  of  Representatives  could  properly  and  constitu- 
tionally at  any  time  dictate  to  the  President  how  tlie  army  should 
be  employed,  and  regulate  how  the  supplies  should  be  disposed  of; 
and  he  would  exercise  this  right  whenever  he  believed  the  Execu- 
tive was  doing,  or  was  about    to  do  wrong.     As  to  his  opinions  of 
the  Excculive,  and  of  the  course  pursued  with  respect  to  this  war, 
this  was  not  a  proper  occasion   to  express   them.     His  votes,  and 
speeches,  and   acts  heretofore,  displayed   them  ;   they  were  well 
known.   .When  the  question  as  to  the  policy  to  be  settled  upon  as 
to  Mexico  came  up,  he  should   express  his  views  as  to  that.     But 
as  it  respects  this  bill,  he  regarded   delay   as  exceedingly  injudi- 
cious.    If  it  could  possibly  be  hoped  there  would  be  no  delay  after 
it  passed  the  Senate,  he  should  still  urge   it    in   this  chamber  ;  but 
with  the  probability  of  delay  in  the   other   House,  the  duty  to  dis- 
pose of  it  here  forthwith  was  made  still  more  imperative. 

Mr.  CALHOUN. — I  rise  to  say  that  I  am  perfectly  satisfied 
with  the  course  which  is  .suggested  by  the  Senator  from  Arkansas 
and  the  Senator  from  North  Carolina — either  will  be  satisfactory 
to  me. 

Mr.  DAVIS,  of  Mississippi. — I  deem  it  proper,  as  one  of  the 
Military  Committee,  to  say,  that  this  bill  for  ten  additional  regi- 
ments was  prepared  and  submitted  early  to  the  Senate,  under  the 
impression  that  an  exigency  existed  that  troops  should  be  promptly 
raised.  The  chairman,  under  instructions  of  the  committee,  an- 
nounced his  intention  to  bring  up  the  bill  at  the  first  possible  mo. 
ment,  and  present  it  to  a  speedy  passage.     It  is  now  one  week — 

Mr.  CASS.— (In  his  seat.)— Two  weeks. 

Mr.  DAVIS. — Two  weeks  then,  Mr.  President,  since  this  an- 
novineemcnt  was  made.  One  week,  I  had  hoped,  would  have  been 
sufficient  to  have  passed  the  bill;  surely  it  was  long  enough  to  re- 
lieve us  from  any  charge  of  design  to  interpose  it  between  the  re- 
solutions of  the  Senator  from  South  Carolina  and  the  consideration 
of  the  Senate. 

It  appeared  to  us,  that  unless  active  operations  are  renewed  in 
Mexico,  thus  exciting  the  military  ardor  of  the  people  of  the 
United  States,  it  woufd  require  all  the  intervening  time  between 
the  present  and  the  period  of  yellow  fever  to  organize  and  forward 
the  necessary  troops  into  the  interior  of  Mexico.  The  Senator 
from  Florida  is  right;  there  may  justly  be  entertained  apprehen- 
sions for  our  troops  in  Mexico,  and  that  further  efforts  may  yet  be 
required  on  the  battle  field.  AVhat  induced  Santa  Anna  to  attack 
General  Taylor  at  Buena  Vista,  but  the  knowledge  that  his  forces 
had  been  reduced  so  low  that  an  easy  and  certain  victory  might 
be  expected?  Had  his  force  upon  that  line  been  undiminished,  the 
battle  of  Buena  Vista  would  never  have  been  fought.  Let  ihe 
past  instruct  us  of  the  future.  Tardiness  In  furnishing  supplies  of 
inen  and  munitions  has  been  the  great  cause  of  the  expenditure  of 
life  which  has  occurred  in  the  progress  of  this  war.  Had  General 
Scott  possessed  enough  of  men,  of  transportation,  and  other  sup- 
plies, to  have  advanced  into  the  interior  immediately,  and  after  the 
battle  of  Cerro  Gordo  to  have  pressed  close  upon  the  retreating 
enemy,  it  is  most  probable  that  Santa  Anna  would  have  remained 
in  his  refuge  at  Orizaba,  Scott's  march  have  been  unopposed,  no 
fortifications  erected  around  the  capital,  and  the  city  of  Mexico 
have  surrendered  without  firing  a  gun.  Sir,  to  secure  peace,  we 
must  show  our  power  to  compel  submission.  Our  weak  columns 
have  induced  attacks.  Our  gallant  soldiers  outflanked,  encir- 
cled—as It  were  engulphed  in  a  sea  of  enemies— have  been  equal 
to  the  emergency.     American  valor  has  triumphed  over  every  dis- 


parity ;  but  they  have  done  so  at  immense  sacrifice  of  blood.  Shall 
such  sacrifice  be  demanded  for  the  future?  Shall  treasure  be 
weighed  against  the  blood  of  our  countrymen?  Let  us  not,  by  de- 
lay, expose  the  lives  of  our  patriot  soldiers;  defer  the  public  ne- 
cessity to  discuss  general  positions  of  no  applicability  to  the  ques- 
tion before  us.  Those  occasions  on  "which  our  inen  have  per- 
formed such  prodigies  were  not  anticipated  until  it  was  too  late  to 
give  relief.  We  shall  show  ourselves  more  wise  only  by  avojdin" 
in  future,  similar  contingency. 

The  Secretary  of  War,  with  all  the  information  before  him the 

Executive  of  the  United  States,  with  all  the  knowledge  his  posi- 
tion gives  him — asks  for  these  additional  regiments.  On  what 
rule  shall  we  determine  the  propriety  of  the  demand?  Sir,  all  his- 
tory concurrently  establishes  the  fact,  that  when  civil  governments 
at  home  attempt  to  direct  military  operations  In  a  foreign  country, 
failure  is  the  result.  Upon  the  generals  must  fall  the  responsibility 
of  failure — -upon  their  reports  must  decisions  here,  as  to  means 
mainly  rely.  These  come  to  us  through  the  Executive  and  War 
Department.  As  to  the  special  order  for  to-morrow,  I  will  say 
that  the  Military  Committee  have  certainly  not  sought  any  par- 
liamentary advantage;  nor  have  the  Senators,  with  whom  I  have 
conversed,  any  wish  or  intention  to  prevent  the  Senator  from  South 
Carolina  from  discussing  his  resolutions.  I  shall  be  pleased  to 
hear  that  distinguished  Senator  upon  any  great  question;  and  cer- 
tainly do  not  object  to  hisoU'ering  his  remarks  upon  his  resolutions 
rather  than  upon  the  bill,  ^.or  do  I  perceive  any  antagonism  be- 
tween the  resolutions  and  the  bill.  I  do  not  wish  to  annex  the 
whole  of  Mexico,  or  govern  it  as  a  province.  The  President  does 
not  look  to  such  end;  nor,  sir,  does  the  sending  of  these  troops,  in 
my  opinion,  tend  to  it.  To  secure  indemnity  lor  the  past,  is  more 
easy  than  to  attain  security  for  the  future.  This  last  object,  and 
to  leave  behind  us  a  republican  f;overnment  sulficiently  stable  to 
maintain  treaty  obligations,  and  give  ns  some  guar.anty  for  the  ob- 
servance of  neutral  rights,  are  objec's  which  I  hope  to  see  pro- 
moted by  this  addition  to  our  army.  To  me  it  is  easy  lo  concur  in 
the  main  proposition  of  the  resolutions,  and  yet  insist  on  the  aug- 
mentation of  our  army,  and  refuse  to  withdraw  our  forces.  I  shall 
be  pleased,  as  on  other  occasions,  to  hear  the  Senator  from  South 
Carolina;  but.  after  his  remarks,  shall  insist  on  resuming  the  con- 
sideration of  the  bill  now  before  the  Senate:  leaving  those  who 
may  wish  to  reply,  to  do  so  after  the  pidilic  service  has  been  at- 
tended to;  and  when,  for  one,  I  shall  be  more  willing  to  listen  at- 
tentively to  a  general  discussion. 

Mr.  SEVIER. — I  hope  this  bill  will  be  postponed,  and  made  the 
special  order  at  one  o'clock  on  Wednesday. 

Mr.  CRITTENDEN.— I  wish  to  make  a  single  remark.  I  think 
that  my  honorable  friend  from  Mississippi  is  a  little  mistaken  in 
supposing  that  any  of  the  disasters  of  this  war  are  attributable  to 
the  tardy  legislation  on  the  part  of  Congress.  I  have  been  here 
the  whole  time,  and  if  any  blame  is  to  be  attached  to  Congress  for 
tardy  legislation,  of  course  I  nnnt  come  In  for  mv  share  of  that: 
blame.  When  was  it  that  we  have  been  gulliv  of  any  tardiness  In 
granting  any  supplies  ol  men  or  money  that  were  demanded  by  the 
Executive  ?  We  began  by  authorizing  the  Executive  to  accept  the 
services  of  fifty  thousand  volunteers,  and  that  force  was  never  ex- 
hausted until  the  fall  of  last  year.  There  have  been  military  re- 
sources open  at  all  times  to  the  President,  which  he  might  have 
exercised,  and  which  he  has  exercised,  by  calling  out  menlo  serve 
during  the  war.  This  is  the  remark  I  Intended  to  make.  I  am 
satisfied  the  honorable  Senator  meant  no  rebuke  to  the  Senate;  he 
has  been  more  meritoriously  engaged,  and  is  evidently  under  a  mis- 
apprehension If  he  supposes  that  any  such  charge  can  possibly  be 
made  upon  Congress. 

Mr.  DAVIS. — It  Is  very  far  from  my  inlenllon  to  rebuke  the 
Senate;  but  I  believe  that  I  am  borne  out  In  what  I  have  stated  by 
proof.  We  did  pass  a  bill  authorizing  the  raising  of  fifty  thousand 
volunteers;  but  all  other  supplies  were  cut  down — I  mean  camp 
and  garrison  equipage. 

Mr.  CRITTENDEN.— One  word  as  to  that— my  recollection 
is  fresh — that  when  the  appeal  was  made  for  supplies,  they  were  at 
once  granted;  there  was  not  a  dollar  asked  that  was  not  granted, 
not  an  item  of  supply  demanded  that  was  reduced  in  amount.  I 
think  the  Senate  will  find  this  to  be  the  case.  Not  a  dollar  was 
refused.  We  were  guided  liy  the  estin-ates  that  were  furnished, 
and  voted  their  full  amount. 

Mr.  DAVIS. — I  intended  to  refer  the  honorable  Senator,  when  I 
was  up,  to  an  item  that  was  stricken  off  from  the  Quartermaster's 
estimate. 

Mr.  CRITTENDEN.— I  did  not  know  any  thing  about  that;  it 
was  not  in  this  body. 

Mr.  DAVIS. — It  was  stricken  ofl'  in  the  House  of  Rcjircsenta- 
tives;  the  item  was  for  camp  and  equipage  supplies. 

The  qaestion  being  taken  on  the  postponement,  it  was  agreed  to. 

EXECUTIVE    SESSION. 

The  Senate  then  proceeded  to  the  consideration  of  Executive 
business,  and,  after  a  short  time  spent  therein,  the  doors  were 
opened,  and 

The  Senate  adjourned. 


62 


PETITIONS— RESOLUTIONS,  ETC. 


[Tuesday, 


TUESDAY,  JANUARY  4,  1848. 


PETITIONS. 

Mr.  STURGEON  presented  the  petition  of  Jones  and  Boker, 
and  others,  prayin?  the  repiivmcnt  of  certain  Treasury  notes  pur- 
loined frnm  the  post  om.-e  wliere  they  had  lieen  deposited  lor  trans- 
mission by  mail  ;  whieh  was  referred  to  tlie  Committee  on  the  Post 
Office  and  Post  Roads. 

Mr  HALE  presented  the  petition  of  Henrielc  Ailtcr,  prayins  an 
extension  of  his  patent  for  an  improvement  in  the  saw-set  ;whioli 
was  referred  to  the  Committee  on  Patents  and  the  Patent  Olliee. 

Mr.  BELL  presented  the  petition  of  Betsy  Mcintosh,  a  Chero- 
kee pravin"  payment  of  the  money  awarded  lier  by  the  Board  of 
Cherokee  Commissioners  under  the  Hlh  article  of  the  treaty  of 
1835  ;  which  was  referred  to  the  Committee  on  Indian  Adairs. 

Mr  CAMERON  presented  the  petition  of  the  Kennet  Month- 
ly Meetin<T  of  the  RcliLnous  Society  of  Friends  in  Chester  county, 
Pennsylvania,  prayinc  the  abolition  of  slavery  in  the  District  ot 
Colum'bia,  and  the  slave  trade  between  the  .States;  also,  the  rejec- 
tion of  any  proposition  for  the  acquisition  of  territory,  unless  pro- 
vision be  made  for  the  exclusion  of  slavery  therefrom.  ^ 


tion  to  receive  the  memorial  bcinir  objected  to. 


Tlic  mo 

Ordered,  That  it  lie  on  the  table. 

■WAK    MEETING    IN  PHILADELPHIA. 

Mr.  CAMERON,  in  presentinc  the  proceedinns  of  a  town  meet- 
in"  in  Philadelphia,  held  on  thc'lSth  December,  1S47,  approving 
the  measures  pursued  by  the  administration  in  the  prosecution  of 
the  war  with  Mexico,  remarked  that  he  agreed  with  those  compo- 
sing the  meeting  in  every  particular,  and  tliat  he  should  deem  It  his 
duty,  as  a  Senator,  to  act  in  aceoidaiicc  with  their  wishes. 

RESOLUTIONS. 

Mr.  CASS  submitted  the  following  resolution,  which  was  con- 
sidered by  unanimous  consent,  and  agreed  to  : 

licsolved.  That  llie  Secretary  of  War  eonimunieatp  *o  tlie  Senate  such  military  re- 
nortsas  have  lieen  received  by  him  from  the  eomiiiander  of  oar  army  in  Mexico  since 
the  transmission  of  his  annual  report,  and  tlial  llu'  same  he  primed  with  his  annual 
report. 

Mr.  BUTLER  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  : 

liesdlrrd.  That  the  Committee  on  Mihiary  Affairs  inr|nirc  into  the  expediency  of 
civin;;  llie'  President  authority  to  promote  from  tlic  regular  army,  such  oHieers  as  he 
may  Hnnk  proper  to  sele'-t."  to  any  new  prade  of  eommanil,  lo  continne  during  the 
war  wilh  Mexico,  with  a  provision  that  such  oflicer  or  officers  sh;dl  not  lose,  at  the  ter- 
mination of  the  war,  their  original  comniiisioiis,  or  any  of  tlie  rights  incident  thereto. 

Agreeably  to  notice,  Mr.  BREESE  asked  and  obtained  leave  to 
bring  in  a  bill  to  create  the  office  of  surveyor  general  of  public 
lands  in  the  Territory  of  Oregon,  and  to  grant  donation  rights  to 
settlers  therein,  and  for  other  purposes  ;  which  was  read  the  first 
and  second  times,  by  unanimous  consent,  and  referred  to  the  Com- 
mittee on  Public  Lands. 

Mr.  JOHNSON,  of  Maryland,  gave  notice  of  his  intention  to 
ask  leave,  at  some  future  day,  to  introduce  a  bill. 

Mr.  BADGER,  from  the  Committee  on  Military  Afl'airs.  to 
whom  was  referred  the  memorial  of  Charh's  I,.  Dell,  rcjiorted  a 
bill  for  his  relief  ;  which  was  read  and  |iasscd  to  the  second  read- 
ing. 

The  engrossed  bill  for  the  relief  of  Joseph  Wilson,  was  read  a 
third  time. 

Itcnolved,  That  this  hill  iia.s,  and  that  the  title  thereof  lie  as  aforesaid. 

Ordered,  That  the  Secretary  rciiticst  the  concurrence  of  the 
House  of  Representatives  therein. 

The  joint  resolution  to  create  a  board  to  ascertain  and  determine 
tlic  amount  of  each  of  the  claims  of  the  citizens  of  the  United 
Slates  against  Mexico,  was  read  a  second  time,  and  referred  to 
the  Committee  on  Foreign  Relations. 

The  bill  providing  i'or  the  payment  of  the  claim  of  Waller  U. 
Johnson  against  the  United  States,  was  read  the  second  timciind 
I'onsidered  as  in  Committee  of  the  Whole;  and  no  amendment  ho 
inj;  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  rend  a  third  time. 

The  said  bill  was  road  it  third  time  by  unanimous  consent. 

RfKolrril,  That  the  hill  pnii«,  nndthnt  the  title  thereof  lie  (in  aforesaid. 

Orderai,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Hcpresentalives  therein. 


The  Senate  resumed  as  in  Committee  of  the  Whole,  the  consid- 
eration of  the  bill  for  the  relief  of  the  administratrix  of  Elisha  L. 
Keen,  deceased. 

No  amendment  being  made,  the  bill  wa.s  reported  to  the 
.Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time. 

Jioso/acfi,  That  the  bill  pass,  and  that  the  title  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
W^holc,  the  bill  concerning  certain  collection  districts,  and  for 
other  purposes;  and  no  amendment  being  made,  it  was  reported  to 
the  Senate. 

Ordered,  That  it  bo  engrossed  and  read  a  third  time. 

lirsolvcd,  That  the  hill  pass,  anil  tliat  the  titlethereof  beas  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  ol  Representatives  therein. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  resolulion  in  favor  of  David  Shaw  and  Solomon  T. 
Corser,  and  no  amendment  being  made,  it  was  reported  to  the 
Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  resolution  was  read  a  third  time. 

lirsuU^cd,  That  this  resolution  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  ol  Representatives  in  this  resolution. 

The  bill  for  the  relief  of  Thomas  Rhodes  was  read  the  second 
time,  and  considered  as  in  Committee  of  the  Whole,  and  no  amend- 
ment being  made,  it  was  reported  to  the  Senate. 

Mr.  SEVIER  called  for  the  reading  of  the  report.  It  was  read 
by  the  Seerctarj". 

Ordered,  That  the  bill  be  engrossed  and  read  a  third  time. 

CONQUEST   OF  MEXICO. 

On  motion  by  Mr.  SEVIER,  the  Senate  proceeeded  to  the  con- 
sideration of  the  special  order  of  the  day,  being  the  followino- 
resolutions,  submitted  by  Mr.  Calhoun,  on  the  1.5th  of  De" 
eember  : 

Jirsohfrd,  That  to  conquer  ]\Ioxico  and  to  hold  it,  either  asa-provinceor  to  incorpo- 
rate it  in  tlieCnion,  would  he  inconsistent  wilh  the  avowed  object  for  which  the  war 
has  been  prosecnted;  a  departure  from  the  settled  policy  of  the  government;  in  eontlict 
wilh  its  character  and  genius;  and  in  the  end  subversive  of  our  liee  and  popular  insti- 
tutions. 

Rr^i'h-rd.  That  no  line  ot  policy  m  the  further  prosecution  of  the  war  should  he 
adopted  which  may  lead  to  consequences  so  disastrous. 

Mr.  CALHOUN.^ — In  offering.  Senators,  these  resolutions  for 
your  consideration,  I  have  been  governed  by  the  reason  which  in- 
duced me  to  oppose  the  war,  and  by  the  same  considerations  I 
have  been  ever  since  guided.  In  alluding  to  my  opposition  to  the 
war,  I  do  not  intend  to  notice  the  reasons  which  governed  me  on 
that  occasion,  further  than  is  necessary  to  explain  my  motives 
upon  the  present.  I  opposed  the  war  then,  not  only  because  I 
considered  it  unnecessary  and  that  it  might  have  been  easily  avoid- 
ed— not  only  because  I  thought  the  President  had  no  authority  to 
order  a  portion  of  the  territory  in  dispute  and  in  possession  of  the 
Me.xieans,  to  be  occupied  by  our  troops — not  only  bccau.se  I  be- 
lieve the  allegations  upon  M'liich  it  was  sanctioned  by  Congress 
were  unfounded  in  truth,  but  from  high  considerations  of  reasons 
and  policy,  because  I  believed  it  would  lead  to  great  and  serious 
ctils  to  tlic  country,  and  greatly  endanger  its  free  institutions. 

But  alter  the  war  was  declared,  and  had  received  the  sanction 
ol  the  government,  I  acquiescd  in  what  I  could  not  prevent,  and 
which  it  was  impcssible  for  me  to  arrest;  and  I  then  felt  it  to  be 
my  duty  to  limit  my  course  so  as  ta-give  that  direction  to  the  con- 
duct ol  the  war  as  would,  as  far  as  possible,  prevent  the  evil  and 
danger  \vitli  which,  in  my  opinion,  it  threatened  the  country  and 
Its  institutions.  For  this  purpose,  at  the  last  session,  I  suggested 
to  the  Senate  Ji  defensive  line,  and  for  that  jiurpose  I  now  offer 
llicsi)  resoluiions.  This,  and  this  only,  is  the  motive  which  governs 
me.  I  am  moved  by  no  personal  or  party  considerations.  My 
object  is  neither  to  sustain  the  Executive  nor  strengthen  the  op- 
position :  but  simply  to  discharge  an  important  duty  to  the  coun- 
try. But  1  .shall  express  my  opinion  oil  all  points  with  boldness, 
and  independence,  such  as  becomes  a  Senator,  who  lias  nothing  to 
ask,  either  froin  the  government  or  from  the  pcoi)le,  and  wiiose 
only  aim  is  to  diminish,  to  the  smallest  possible  amount,  the  evils 
incident  to  this  war.     But,  when  I  come  to   notice  those  points  in 


January  4. J 


MR.  CALHOUN'S  RESOLUTIONS. 


63 


which  I  difler  from  the  President,  I  shall  do  it  with  all  the  decorum 
whieh  is  due  to  the  Chief  Magistrate  of  the  Union. 

When  I  suiigested  a  defensive  line  at  the  last  session,  this  coun- 
try had  in  its  possession,  throuirh  the  moans  of  its  arras,  ample 
territory,  and  stood  in  a  condition  to  force  indemnity.  Before 
then  the  successes  of  our  arms  had  gained  all  the  contiguous  por- 
tions of  Mexico,  and  our  army  has  ever  since  held  all  that  it  is  de- 
sirable to  hold — that  portion  whose  population  is  sparse,  and  on 
that  account  the  more  desirable  to  be  held.  For  I  hold  it  in  rel'er- 
ence  to  tliis  war,  a  fundamental  principle,  that  when  we  receive 
territorial  indemr.itv  it  shall  be  unoccupied  territory.  In  olfering 
a  defensive  line,  I  did  it  because  I  believed  tliat  in  the  first  place 
it  was  the  only  certain  mode  of  terminating  the  war  successfully. 
I  did  it  also,  because  I  believed  that  it  woyld  be  a  vast  saving  of 
the  saevifice  of  human  life  ;  but  above  all,  I  did  so  llfecause  I  saw 
that  any  other  line  of  policy  would  expose  ns  to  tremendous  evil, 
wliich  these  resolutions  were  intended  to  guard  against.  The  Pre- 
sident took  a  different  view.  He  recommended  a  vigorous  prosecu- 
tion of  the  war — not  for  conquest — that  was  disavowed — but  for  the 
purpose  of  conquering  peace  :  that  is,  to  compel  Mexico  to  sign  a 
treaty  making  a  sutiicient  cession  of  territory  to  indemnify  this 
government  both  for  the  claims  of  its  citizens  and  for  the  expenses 
of  the  war.  Sir,  I  opposed  this  policy.  I  oppfsed  it  among  other 
reasons,  because  I  believed  that  il  the  war  should  be  ever  so  suc- 
cessful, there  was  great  hazard  to  us  at  least,  that  the  object  in- 
tended to  bo  effected  by  it  would  not  bo  accomplished.  Congress 
thought  differently.  Ample  provisions  in  men  and  money  were 
granFed  for  carrying  on  the  war.  The  campaign  has  terniinated. 
It  has  been  as  successful  as  the  E.xeeutive  oi'  the  country  could 
possibly  have  calculated.  Victory  after  victory  has  followed  in 
succession  without  a  single  reverse.  Santa  Anna  was  repelled  and 
defeated  <\'ith  all  his  forces — Vera  Cruz  was  taken  and  the  castle 
with  it.  Jalapa,  Perole,  and  Pucbla  fell,  and  after  two  great  tri- 
umphs of  our  army,  the  gates  of  Mexico  opened  to  us.  Well,  sir, 
what  has  been  accomplished  ?  What  has  been  done  ?  Has  the 
avowed  object  of  the  war  been  attained?  Have  we  conquered 
peace  ?  Have  we  obtained  a  treaty  ?  Have  we  obtained  any  in- 
demnity ?  No,  sir  ;  not  a  single  object  contemplated  has  been  ef- 
fected, and  what  is  worse,  our  diffieulties  are  greater  now  than 
they  were  then,  and  the  objects,  forsooth,  more  diflicult  to  reach 
than  they  were  before  the  campaign  commenced. 

Now,  Senators  have  asked  what  has  caused  this  complete  dis- 
comfiture of  the  views  of  the  Executive  for  which  men  and  money 
were  granted?  It  is  not  to  be  charged  to  our  troops — they  have 
done  all  that  skill  and  gallantry  was  capable  of  effecting.  It  must 
be  charged  somewhere,  and  where  is  it  to  be  charged,  but  upon 
the  fact  that  the  plan  of  the  campaign  was  erroneous — -that  the 
object  pursued  was  a  mistake.  We  aimed  at  indemnity  in  a  wrong 
way.  If  we  had  aimed  directly  to  it,  we  had  the  means  to  accom- 
plish it  directly — they  were  m  our  hands.  But,  sir,  we  aimed  at 
indemnity  through  a  treaty.  We  could  not  reach  it  by  a  treaty 
with  Mexico,  and  Mexico  by  refusing  to  treat  simply,  could  defea't 
the  whole  object  which  we  had  in  view.  We  put  out  of  our  own 
power  and  into  her  hands  to  say  when  the  war  should  terminate. 
We  have,  for  all  our  vast  expenditure  of  money,  for  all  the  loss  of 
blood  and  men,  we  have  nothing  but  the  military  glory  which  the 
campaign  has  furnished.  We  cannot,  I  presume,  estimate  the  ex- 
penses of  the  campaign  at  less  than  $40,000,000,  (I  cannot  com- 
pute  the  sura  with  any  degree  of  precision,  but  I  believe  I  may  say 
about  that  sum,)  and  between  the  sword  and  disease,  many  thou- 
sand of  lives,  probably  five,  six,  or  seven  thousand  have  been  sac- 
rificed ;  and  all  this  for  nothing  at  all. 

But  it  is  said  that  the  occupancy  of  a  defensive  line  would  have 
been  as  expensive  as  the  campaign  itself.  The  President  has  as- 
signed many  reasons  for  th.it  opinion,  and  the  Secretary  of  War 
has  done  the  same.  I  have  examined  these  reasons  with  care. 
This  is  not  the  proper  occasion  to  discuss  them  ;  but  I  must  say, 
with  all  possible  deference,  they  are  to  ray  mind  utterly  fallacious. 
I  will  put  the  question  in  a  general  point  of  view,  and  satisly  the 
minds  of  Senators  that  such  is  the  case.  The  line  proposed  by 
myself,  extending  from  the  Pacific  Ocean  to  the  Paso  del  Norte, 
would  have  been  covered  by  the  Gulf  of  California  and  a  wilderness 
peopled  by  hostile  tribes  of  Indians  ;  and  for  its  defence,  nothing 
would  have  been  needed  beyond  a  few  vessels  of  war  stationed  in 
the  Gulf,  and  a  single  regiment.  From  the  Paso  del  Norte  to  its 
mouth,  we  can  readily  estimate  the  amount  of  force  necessary  fin- 
its  defence.  It  was  a  frontier  between  Texas  and  Mexico  when 
Texas  had  not  more  than  150,000  of  a  population — without  any 
standing  army  whatever,  and  very  few  troops.  Yet  for  seven 
years  Texas  maintained  that  frontier  line  ;  and  that  too,  when 
Mexico  was  far  more  consolidated  than  she  is  now;  when  her  rev- 
olutions were  not  so  frequent,  her  resources  in  money  were  much 
greater,  and  Texas  her  only  opponent.  Can  any  man  believe  that 
Mexico,  exhausted  as  she  now  is — prostrated  as  she  has  been — de- 
feated— can  any  man  iaelieve  that  it  will  cost  as  much  to  defend 
.  that  frontier  as  the  last  campaign  has  cost  ?  No,  sir.  I  will  haz- 
ard nothing  in  asserting  that  the  very  interest  of  the  money  spent 
in  the  last  campaign,  would  have  secured  that  line  for  an  indefi- 
nite period,  and  that  the  men  who  have  lost  their  lives  would  have 
been  more  than  sulficient  to  defend  it. 

So  much  tor  the  past.  We  now  come  to  the  commencement  of 
another  campaign ;  and  the  question  is,  what  shall  be  done  >.  The 
same  measures  are  proposed.  It  is  still  "a  vigorous  prosecution 
of  the  war."  The  measures  are  identically  the  same.  It  is  not 
for  conquest — that  is  now  as  emphatically  disowned  as  it  was  in 
the  first  instance.     The  object  is  not  to  blot  Mexico  out  of  the  list 


of  nations  ;  for  the  President  is  as  emphatic  in  the  expression  of 
his  desire  to  maintain  the  nationality  of  Mexico.  He  desires  to 
sec  her  an  independent  and  flourishing  coramunitv,  and  assigns 
strong  and  cogent  reasons  for  all  that.  Well,  sir, "the  question  is 
now,  what  is  to  be  done  ?  We  are  now  coming  to  the  practical 
([uestion.  Shall  we  aim  at  carrying  on  another  vigorous  campaign 
under  present  cireurasiances. 

I  have  examined  this  question  with  care,  and  I  repeat,  that  I 
cannot  support  the  recommendations  of  the  President.  There  arc 
many  and  powerful  reasons,  stronger  than  those  which  existed  at 
the  commeneeraent  of  the  last  campaign,  to  justify  my  opposition 
now.  There  is  a  bill  for  ten  additional  regiments  now  before  the 
Senate,  and  another  bill  providing  for  twenty  regiments  of  volun- 
teers has  been  reported,  making  in  all  not  less,  I  suppose,  than 
twenty-five  thousand  troops,  raising  the  :iumber  of  troops  in  the 
service,  as  I  presume  the  chairman  of  the  Committee  on  Military 
Affairs  can  inform  you.  to  not  much  less  than  seventy  thousand  in^ 
the  whole.  Well,  sir,  the  expense  wdl  be  much  more  than  that  of 
the  last  campaign.  It  will  cost  not  much  short  of  sixty  millions 
of  dollars. 

To  meet  so  large  an  expenditure  would  involve,  in  the  present 
and  prospective  condition  of  the  money  market,  it  is  to  be  appre- 
hended, not  a  little  embarrassment.  Last  year  money  w.as  abun- 
dant, and  easily  obtained.  An  unfortunate  famine  in  Europe  cre- 
ated a  great  demand  for  our  agricultural  products.  That  turned 
the  balance  of  trade  greatly  in  our  favor,  and  specie  poured  into 
the  country  with  a  strong  and  steady  current.  No  inconsiderable 
portipn  of  it  passed  into  the  Treasury,  through  the  duties,  which 
kept  it  full,  in  spite  of  the  large  sums  remitted  to  meet  the  ex- 
penses of  the  war.  The  case  is  different  now.  Instead  of  having 
a  tide  flowing  in,  equal  to  the  drain  flowing  out,  the  drain  is  now 
both  ways.  The  exchanges  are  now^  against  il,  instead  of  being 
in  our  favor,  and  instead  of  specie  flowing  into  the  country  from 
abroad,  it  is  flowing  out.  In  the  meantime,  the  price  of  stocks 
and  Treasury  notes,  instead  of  being  at  or  above  par,  have  both 
fallen  below,  to  a  small  extent.  The  cfl'eets  of  the  depreciation  of 
Treasury  notes  will  cause  them  to  pass  into  the  Treasury  in  pay- 
ment of  the  customs  and  other  dues  to  the  government,  as  the 
cheaper  currency,  instead  of  gold  and  silver;  while  the  expenses 
of  the  war,  whether  paid  for  by  the  transmission  of  gold  and  silver 
direct  to  Mexico,  or  by  drafts  drawn  in  favor  of  British  merchants 
or  other  capitalists  there,  will  cause  whatever  specie  may  be  in  the 
vaults  of  the  Treasury  to  flow  from  it,  either  for  remittance  direct, 
on  account  of  the  ordinarv  transactions  of  the  country,  or  to  pay 
the  drafts  which  may  be  drawn  upon  it,  and  which,  when  paid  in 
the  present  state  of  exchanges,  will  bo  remitted  abroad.  But  this 
process  of  jiaying  in  Treasury  notes,  instead  of  gold  and  silver, 
and  gold  and  silver  Jlowing  out  in  both  directions,  cannot  continue 
long  without  exhai  sting  its  specie,  and  leaving  nothing  to  meet 
the  public  expenditure,  including  those  of  the  war,  but  Treasury 
notes.  Can  they,  under  such  circumstances,  ])reserve  even  their 
present  value  ?  Is  there  not  great  danger  that  they  will  fall  lower 
and  lower,  and  finally  involve  the  finances  of  the  government  and 
the  circulation  of  the  country  in  the  greatest  embarrassment  and 
difficulty? 

Now,  sir,  in  this  state  of  things,  what  can  possibly  follow?  A 
great  commercial  crisis — a  great  financial  crisis — even,  possibly, 
a  suspension  of  the  banks.  I  do  not  pretend  to  deal  in  the  language 
of  panic.  But  there  is  danger  of  all  this,  of  w'hicli  there  was  not 
the  slightest  apprehension  at  the  commencement  of  the  last  ses- 
sion. At  present  there  is  great  danger.  The  great  difficulty  in 
prosecuting  your  campaign  will  be  to  obtain  money.  Men  you 
may  raise,  but  money  it  will  be  difficult  to  get.  I  lately  conversed 
with  a  gentleman  who  ought  to  know  these  things  better  than  my- 
self, and  he  supposed  that  forty  millions  of  dollars  would  be  re- 
quired, either  in  the  shape  of  Treasury  notes  or  stocks,  to  carry  on 
the  campaign.  I  asked  at  what  price  money  could  be  had,  and 
the  answer  was  that  it  would  be  at  the  rate  of  ninety  for  one  hun- 
dred, which  would  be  rather  more  than  seven   per  cent.  I  believe. 

But,  sir,  these  are  not  the  only  olijections,  formidable  as  they 
are.  The  farther  you  proceed,  the  difficulties  will  increase.  I  do 
not  see  the  slightest  chance  that  can  tend  to  the  realization  of 
what  it  is  avowed,  the  prosecution  of  the  war  is  intended  to  ac- 
complish. The  object  is  to  oblain  a  treaty.  We  no  longer  hear 
of  cont[uering  a  peace,  but  of  obtaining  an  honorable  treaty — -the 
meaning  of  wdiich,  is  neither  more  nor  less  than  that  we  are  to 
obtain  a  treaty  from  Mexico,  giving  us  a  cession  of  land  equal  to 
the  whole  indemnity  already  slated  in  the  former  part  of  my  re- 
marks. Well,  sir,  as  it  strikes  me,  whether  the  war  is  successful 
or  unsuccessful,  it  must  certainly  end  in  the  defeat  of  the  object, 
for  the  attainment  of  which  it  is  avowedly  prosecuted.  If  the 
war  be  unsuccessful,  I  need  not  argue  the  point.  If  we  should  be 
baffled  in  our  arms — as  I  trust  we  will  not  be,  and  I  think  is  not 
very  likely  to  be  the  case — if  circumstances  should  prove  un- 
fortunate for  us,  and  we  should  not  be  able  to  accomplish,  in  a  mil- 
itary point  of  view,  what  is  characterized  as  a  vigorous  prosecu- 
tion of  the  war,  then  certainly  ihere  will  be  no  Ireaty.  I  take 
higher  ground.  I  insist  upon  it  that  the  more  successfully  this 
war  is  prosecuted,  the  more  certain  will  be  the  defeat  of  the  eb- 
jects  designed  to  bo  accomplished,  whilst  the  objects  disavowed 
will  be  accomplished.  How  is  a  successful  war  to  be  carried  on? 
What  is  the  object  of  it  ?  What  is  it  intended  to  effect  ?  I  can 
see  but  one  thing  to  be  efl'ected.  It  is  to  suppress  all  resistance 
m  Mexico,  to  overpower  and  disperse  her  army,  to  overthrow  her 
civil  government,  and  to  leave  her  without  any  farther  power  of 
resistance.     Well  Mr.  President,  if  that  bd  done,  what  is  the  re- 


64 


MR.  CALHOUN'S  RESOLUTIONS. 


[Tuesday, 


silk  ?  How  arc  you  to  get  an  honorable  peace  ?  It  takes  but  one 
]>arly  to  make  war — two  parties  to  make  peace.  If  all  authority 
in  Mexico  he  overthrown,  if  there  be  no  legitimate  power  with 
whom  to  negotiate,  how  are  you  to  aocomplish  those  objects  which 
it  is  proclaimed  this  vigorous' prosecution  of  the  war  is  intended  to 
fflect.  Sir,  you  are  defeated  by  your  success.  That  will  be  the 
clear  and  inevitable  result.  But  what  do  you  accomplish  ?  The 
very  objects  which  you  disavow  !  For  if  the  war  should  be  so  pros- 
ecuted, where  will  be  the  nationality  of  Mexico  ?  Where  her  sep- 
arate existence  ?  Where  this  free  republic  with  whom  you  desire 
to  treat  ?  Gone  !  We  have  blotted  her  out  of  the  hst  of  nations. 
She  has  become  a  mere  mass  of  individuals  wilhout  any  political 
existence,  and  the  sovereignty  of  the  country,  at  least,  for  the  time 
being,  is  transferred  to  us.  Now,  Mr.  President,  this  is  not  only 
a  conclusion  from  reasoning  upon  this  subject,  but  it  is  one  to 
which,  if  I  understand  the  President  aright,  he  comes  with  a  sin- 
gle exception,  and  that,  a  mere  contingency  not  likely  to  take 
place.  The  President  has  very  much  the  same  conception  of  the 
object  of  a  vitrorous  war  as  I'liave  presented.  He  says  that  the 
greatdilVieullv  of  netting  peace  results  from  this,  that  the  people 
of  Mexico  are  divided  uiider  factious  chieftains,  and  that  the  chiel- 
tain  in  power  dare  not  give  peace  because  his  rival  would  then  be 
able  to  turn  him  out;  and  that  the  only  way  to  remedy  this  evil 
and  obtain  a  treaty,  is  to  put  down  the  whole  of  them-  Well, 
what  is  to  be  done  then  ?  Is  the  thing  to  slop  there?  No.  We 
are  then  to  build  up  aL'ain  and  establish,  under  our  power  and  pro- 
tcetion,  a  republican  form  of  government  from  the  citizens  who 
are  well  disposed,  which  he  says  are  numerous,  and  are  prevented 
from  obtaining  it  only  by  fear  of  those  military  chiefs.  And-  it  is 
with  this  government,  sir,  which  is  to  grow  up  under  the  encour- 
agement and  protection  of  our  army — to  be  established  by  their 
authority — that  it  is  proposed  to  treat  in  order  to  obtain  peace.  I 
must  confess  I  am  a  little  at  a  loss  to  see  how  a  free  and  indepen- 
dent republic  can  grow  up  under  the  protection  and  authority  of 
its  conqueror.  I  do  not  see  how  such  a  government  can  be  estab- 
lished under  his  authc^ity.  I  can  readily  understand  how  an  aris- 
tocracy— how  a  kingly  government — a  despotism,  mijjht  be  estab- 
lished by  a  conqueror.  But  how  a  free  and  independent  republic 
can  grow  up  under  such  circumstances,  is  to  me  incomprehensible. 
I  had  always  supposed  that  republican  government  was  the  spon- 
taneous work  of  the  people— that  it  came  from  the  people — from 
the  hearts  of  ihe  people — that  it  was  supported  by  the  hearts  of 
the  people,  and  that  it  required  no  support- — no  protection  from 
any  quarter  whatever.  But,  sir,  it  seems  that  these  are  antiqua- 
ted notions — obsolete  ideas — and  that  we  may  now  manufacture 
republics  to  order,  by  authority  of  a  conquering  government. 

But  suppose,  sir,  all  these  difficulties  surmounted.  How  can 
you  make  a  free  government  in  Mexico  ?  Where  are  your  mate- 
rials '  It  is  to  be,  1  presume,  a  confederated  government  like  our 
own.  Where  is  the  intelligence  in  Mexico  adequate  to  the  eon- 
siruetion  of  such  a  ifovernment  ?  That  is  what  she  has  been  aim- 
ing at  for  twenty-odd  years,  but  so  utterly  incompetent  are  her 
people  for  the  work,  that  it  has  been  a  complete  failure  from  be- 
ginning to  end.  The  great  body  of  the  intelligence  and  wealth  of 
Mexico  is  concentrated  in  the  priesthood,  who  are  altogether  disin- 
clined to  that  form  of  government.  Then  the  owners  of  the  haci- 
endas— llie  large  philiters  of  the  country,  who  comprise  almost  all 
the  remaining  mass  of  intelligence,  are  without  opportunities  of 
concert  and  destitute  of  the  means  of  forming  such  a  government. 
Sir,  such  a  government  would  be  impossible — and  if  put  up,  would 
tumble  down  the  very  next  day  after  our  protection  was  with- 
drawn. 

It  appears  to  mc  to  be  a  far  more  plausible  plan,  if  it  is  deter- 
mined to  have  ]>cacc,  to  sustain  the  government  that  now  exists  in 
Mexico;  or  rather  to  refrain  from  putting  it  down.  Let  it  grow 
up  and  mature  itself.  1  have  conversed  with  several  officers  of 
the  army — men  of  intelligence — on  the  subject,  and  all  agree  in 
the  opinion  that  the  mere  shadow  of  a  government  which  now  re- 
main sat  Queretaro,  will  have  no  authority  whatever  ;  and  that  if 
we  were  to  make  a  peace  in  any  degree  conformatory  to  our  view 
of  what  a  peace  ought  to  be.  the  very  moment  we  withdraw,  it 
would  all  be  overthrown  ;  and  what  then  ?  The  very  country  as- 
signed to' us  by  the  peace  for  an  indemnity,  we  must  either  hold 
defensively  and  be  brought  back  ultimately  to  the  defensive  line 
which  would  be  the  end  of  the  whole  of  it  ;  or,  return  and  renew 
this  war  till  it  terminates  in  the  coiu|uest  of  the  country. 

I  protest  utterly  against  this  government  undertaking  to  build 
up  any  government  in  Mexico  with  the  pledge  of  protection.  The 
party  placed  in  power  must  be  inevitably  overthrown,  and  we  will 
be  under  the  solemn  obligation  to  return  and  reinstate  them  in  pow- 
er; and  that  would  occur  again  and  again,  till  the  countrv  would 
fall  into  our  hands  precisely  as  Ilindostan  fell  into  the  hands  of  the 
English.  This  very  conquest  of  Hindostaii,  wbieli  we  have  been 
censuring  for  years  and  years,  ever  since  I  recollect,  was  the  re- 
sult of  mistaken  policy,  leading  on  from  step  to  step,  each  one 
deeper  and  deeper — scarcely  any  design  of  conquest  being  enter- 
luined,  but  ultimately  conquest  became  unavoidable,  and  it  was  ne- 
cessary not  to  hold  the  country,  but  to  conquer  the  adjacent  terri- 
tory . 

Well,  sir,  if  this  contingency  follows — if  the  Executive  fails  in 
establishing  another  government  there  under  our  eneoura"emeiit 
and  protection,  and  if  the  government  it.self  shall  refuse  to  make 
a  treaty  with  us  on  such  terms  as  we  will  accaqit  in  regard  to  in- 
demnity, then  the  President  himself  agrees  that  he  must  take  the 
very  course  which  I  have  said  would  be  the  inevitable  consequence 
of  a  vigorous  proueeuliou  of  iUu  war.    The  Picsidcnt  says  iii  sub- 


stance, after  having  attempted  to  build  up  such  a  government — after 
having  employed  the  best  etrorts  to  secure  peace  upon  the  most 
liberal  terms,'if  all  fail— I  now  give  his  own  words — if  all  fail,  we 
must  hold  on  to  the  occupation  of  the  country,  we  must  take  the 
measure  of  indemnity  into  our  own  hands,  and  enl'orce  such  terms 
as  the  honor  of  the  country  demands.  Now,  sir,  what  is  this?  Is  it 
not  an  acknowledgment,  that  if  this  factitious  government,  which  is 
aimed  at,  cannot  be  built  up,  we  must  make  a  conquest  of  the 
whole  country  and  occupy  it?  Can  words  be  stronger?  "Occupy 
the  country" — take  the  full  measure  of  indemnity — no  defensive 
line — no  treaty — and  enforce  terms — terms  on  whom  ?  On  the 
government?  No,  no,  no.  It  is  to  enforce  the  terms  on  the  peo- 
ple individually;  that  is  to  say,  to  establish  a  governtuent  over 
tliem  in  the  form  of  provinces. 

Well,  the»Pi'esidenf  is  right.  If  in  the  vigorous  prosecution  of 
the  war,  as Tlie  President  proposes,  the  contingency  should  fail — 
and  the  chances  of  its  failure  are  many — there  will  be  no  retreating. 
Every  act  against  calling  back  the  army,  as  they  designate  it — 
against  taking  a  defensive  line,  which  is  now  advanced,  will  have 
double  force  after  you  have  spent  sixty  millions  of  dollars,  and 
have  acquired  possession  of  the  whole  of  Mexico.  The  interests 
in  favor  of  keeping  us  there  will  be  much  more  iniJuenlial  then 
than  now.  The  army  itself  will  be  larger.  Those  who  live  by 
war — a  large  and  jiowerful  body — the  numerous  contractors,  the 
.sutlers,  the  merchants,  the  speculators  in  the  lands  and  mines  of 
Mexico,  and  all  engaged  every  way,  directly  or  indirectly,  in  the 
progress  of  the  war,  and  absorbing  the  whole  expenditures,  will  be 
all  adverse  to  retiring,  and  will  swell  the  cry  in  favor  of  continu- 
ing and  extending  conquest.  The  President  talks,  sir,  of  taking 
indemnity  into  our  hands,  then;  but  why  not_take  indemnity  now? 
We  are  much  nearer  indemnity  now  than  we  will  be  at  the  end  ot" 
the  next  campaign,  when  we  shall  have  sixty  millions  added  to  the 
expenditure  of  the  last  forty.  What  will  you  then  have  to  indemnify 
you?  Nothing  but  a  Mexican  population,  on  whom  you  are  to  im- 
pose taxation  in  all  forms  and  shapes,  and  amongst  which  you  will 
have  to  maintain  an  army  of  at  least  forty  thousand  men,  accord- 
ing to  the  Senator  from  Mississippi,  (Mr.  Davis,)  not  a  very 
large  number;  for  he  says  that  the  43,000  men  now  there  are  in 
danger.  Then  there  is  no  indemnity  at  all.  You  will  never  get 
enough  in  that  way  to  meet  your  expenditures  It  will  all  have 
to  come  out  of  the  pockets  of  the  people  of  the  United  States;  and 
after  all  the  talk  of  indemnity — of  pushing  on  this  war  vigorously 
to  success — at  the  end  of  the  next  campaign,  instead  of  indemnity, 
you  will  have  a  heavy  pecuniary  burden  imposed  upon  the  present 
and  succeeding  generation. 

Well,  we  have  now  come  to  the  solemn  question  proposed  by 
these  resolutions,  I  have  shown  where  this  line  of  policy  will,  in 
all  probability,  lead  you — I  may  say,  will  inevitably  load  you, 
unless  some  unexpected  contingency  should  prevent.  It  will  lead 
to  the  blotting  out  of  the  nationality  of  Mexico,  and  the  throwing 
of  eiijht  or  nine  millions  of  people,  without  a  government,  on  your 
hands.  It  will  compel  you,  in  all  probability,  to  assume  the  gov- 
ernment, for,  I  think,  there  will  be  very  little  prospect  of  your  re- 
tiring. You  must  either  hold  the  country  as  a  province,  or  incor- 
porate it  into  your  Union.  Shall  we  do  cither?  That's  the  ques- 
tion. Far  from  us  be  such  an  act,  and  for  the  reasons  contained 
in  the  resolutions. 

The  first  of  these  reasons  is  this:  It  would  be  inconsistent  with 
the  avowed  object  for  which  the  war  was  prosecuted.  That  needs 
no  argument  after  what  has  been  said  Since  the  commencement 
of  the  war  till  this  moment,  every  man  has  disavowed  the  intention 
of  conquest — of  extinguishing  the  existence  of  Mexico  as  a  peo- 
ple. It  has  been  constantly  proclaimed  that  the  only  object  was 
indemnity.  And  yet,  sir,  as  events  are  moving  on,  what  we  disavow 
may  be  accomplished,  and  what  we  have  avowed  may  be  defeated. 
Sir,  this  result  will  be  a  dark  and  lasting  imputation  on  either  the 
sincerity  or  the  intelligence  of  this  government;  on  its  sincerity  he- 
cause  so  opposite  to  your  own  avowals;  on  your  intelligence  for  the 
want  of  a  clear  foresight  m  so  plain  a  case,  as  not  to  discern  the 
consequences. 

Sir.  we  have  heard  how  much  glory  our  country  has  acquired  in 
this  war.  I  acknowledge  it  to  the  full  amount,  so  far  as  military 
glory  is  concerned.  The  army  has  done  nobly — chivalrously — they 
have  conferred  honor  on  the  country,  for  which  I  sincerely  thank 
them. 

I  believe  all  our  thanks  will  be  continued  to  the  army.  So  far 
as  I  know  in  the  civilized  world,  there  is  no  approbation  of  the 
conduct  of  the  <'ivil  portion  of  our  jiowcr.  On  the  cinilrary,  every 
where  the  declraation  is  made  that  we  are  an  ambitious,  unjust, 
hard  people,  more  given  to  war  than  any  other  people  of  modern 
times.  Whether  tliis  be  true  or  not,  it  is  not  for  me  to  inquire. — 
I  am  speaking  now  merely  of  the  reputation  which  we  bear  abroad. 
Everywhere,  I  believe,  for  as  much  as  we  have  gained  in  military 
reinitation  abroad,  I  regret  to  jierccive,  we  have  lost  in  our  poli- 
tical and  civil  rc)iutation.  Now  ,  sir.  much  as  I  regard  military 
glory — much  as  I  rejoice  to  behold  our  people  in  possessi'ui  of  the 
iiulomitablo  energy  and  couiagc  which  surtuount  all  diliicultics, 
and  which  class  tliem  among  the  tirst  mditary  people  of  the  age, 
I  would  be  very  sorry  indeed  that  our  government  should  lose  any 
renutation  for  wisdom,  moderation,  discretion,  justice,  and  those 
other  high  qualities  which  have  distinguished  us  in  the  early  stages 
of  our  history. 

The  next  reason  which  my  resolutions  assign  'is,  that  it  is  with- 
out example  or  preccilent,  either  to  hold  Mexico  as  a  province,  or 
to  incorporate  her  into  our  Union.  No  example  of  such  a  line  of 
policy  can  be  found.    We  have  conquered  uiany  of  the  neighbor- 


January  4] 


MR.  CALHOUN'.S  RESOLUTIONS. 


65 


in"  tribes  of  Indians,  but  we  never  thought  of  holding  them  in  sub- 
jection— never  of  incorporatins^  them  into  our  Union.  They  have 
either  been  left  as  an  independent  people  amongst  us,  or  been  dri- 
ven into  the  forests. 

I  know  farther,  sir,  that  we  have  never  dreamed  of  incorpora- 
ting into  our  Union  any  but  the  Caucasian  rac« — the  free  white  race. 
To  incorporate  Me.xico,  would  be  the  very  first  instance  of  the 
kind  of  incorporating  an  Indian  race,  i'or  more  than  half  of  the 
Mexicans  are  Indians,  and  the  residue  is  composed  chiefly  of  mi-xed 
blood.  I  protest  against  such  a  union  as  that .'  Ours,  sir,  is  the 
government  of  the  white  man.  The  greatest  misfortunes  of  Span- 
ish America  are  to  be  traced  to  the  fatal  error  of  placing  ihese 
colored  races  on  an  equality  with  the  white  race.  That  error  de- 
stroyed the  social  arrangement  which  formed  the  basis  ol"  society. 
The  Portugese  and  ourselves  have  escaped — the  Portugese  at  least 
to  some  extent— and  we  are  the  only  people  on  this  continent  which 
have  made  revolutions  without  being  followed  by  anarchy.  And 
yet  it  is  professed  and  talked  about  to  erect  these  Mexicans  into  a 
territorial  ijovornment,  and  place  them  on  an  equality  with  the 
people  of  the  United  States.  I  protest  utterly  against  such  a  project. 

Su-,  it  is  a  remarkable  fact,  that  in  the  w-hole  history  of  man,  as 
far  as  my  knowledge  extends,  there  is  no  instance  whatever  of  any 
civilized  colored  race  being  found  equal  to  the  establishment  of 
free  popular  government,  although  by  far  the  largest  portion  of 
the  human  family  is  composod  of  these  races.  And  even  in  the  sa- 
vage state  we  scarcely  find  them  any  where  with  such  government, 
except  it  be  our  noble  savages — for  noble  I  will  call  them.  They 
for  the  most  part  had  free  institutions,  but  they  are  easily  sustai- 
ned amonst  a  savage  people.  Are  we  to  overlook  this  fact  ?  Are 
we  to  associate  with  ourselves  as  equals,  companions,  and  fellow- 
citizens,  the  Indians  and  mixed  race  of  Mexico  ?  Sir,  I  shoulil 
consider  such  a  thing  as  fatal  to  our  institutions. 

The  next  two  reasons  which  I  assigned,  were,  that  it  would  be 
m  conflict  with  the  genius  and  character  of  our  institutions,  and 
subversive  of  our  free  government.  I  take  these  two  together  as 
they  are  so  intimately  connected  ;  and  now  of  the  first — -to  hold 
Mexico  in  subjection. 

Mr.  President,  there  are  some  propositions  too  clear  for  argu- 
ment ;  and  before  such  a  body  as  the  Senate,  I  should  consider  it 
a  loss  of  time  to  undertake  to  prove  that  to  hold  Mexico  as  a  sub- 
jected province  would  be  hostile,  and  in  conllict  with  our  free  po- 
pular institutions,  and  in  the  end  subversive  of  them.  Sir,  ho  who 
knows  the  American  constitution  well — he  who  has  duly  studied 
its  character — he  who  has  looked  at  history,  and  knows  what  has 
been  the  effect  of  conquests  of  free  states  invariably,  will  require 
no  proof  at  my  hands  to  show  that  it  would  be  entirely  hostile  to 
the  institutions  of  tlio  country,  to  hold  Mexico  as  a  pronnce. — 
There  is  not  an  example  on  record  any  free  state  even  having 
attempted  the  conquest  of  any  territory  approaching  the  ex- 
lent  of  Mexico  without  disastrous  consequences.  The  na- 
tion conquered  have  in  time  conquered  the  conquerors  by  destroy- 
in"  their  liberty.  That  will  be  our  case,  sir.  The  conquest  of 
Mexico  would  add  so  vast  an  amount  to  the  patronage  of  this  go- 
vernment, that  it  would  absorb  the  whole  power  of  the  States  in 
the  Union.  This  Union  would  become  imperial,  and  the  States 
mere  subordinate  corporations.  But  the  evil  will  not  end  there. 
The  process  will  go  on.  The  same  process  by  which  the  power 
would  be  transferred  from  the  States  to  the  Union,  will  transfer  the 
whole  from  this  department  of  the  government  (I  speak  of  the  le. 
gislature)  to  the  Executive.  All  the  added  power  and  added  pa- 
tronage which  conquest  will  create,  will  pass  to  the  Executive. — 
In  the  end  you  put  in  the  hands  of  the  E.xecutive  the  power  of 
conquering  you.  You  give  to  it,  sir.  such  splendor,  such  ample 
means,  that,  with  the  principle  of  proscription  which  unfortunately 
prevails  in  our  country,  the  struggle  will  be  greater  at  every 
presidential  election  than  our  institutions  can  possibly  endure. 
The  end  of  it  will  be,  that  that  branch  of  the  government  will  be- 
come all-powerful,  and  the  result  is  inevitable — anarchy  and  des- 
potism. It  is  at  certain  as  that  I  am  this  day  addressing  the  Se- 
nate. 

Sir,  let  it  not  be  said  that  Great  Britain  furnishes  an  example  to 
the  contrary — that  she  holds  provinces  of  vast  extent  of  population 
without  materially  impairing  the  liberty  of  the  citizen,  or  exposing 
her  to  anarchv,  confusion,  or  corruption.  It  is  so  ;  but  what  is 
the  explanation  '.  Of  all  governments  that  ever  existed  aflbrding 
any  protection  whatever  to  liberty,  the  English  government  far 
transcends  them  all  in  that  respect.  She  can  bear  more  patronage 
in  proportion  tn  her  population  and  wealth  than  any  government 
of  that  form  that  ever  existed,  nay,  to  go  farther,  than  can  despo- 
tism in  its  most  absolute  form.  1  will  not  go  into  the  philosophy 
of  this  ;  that  would  take  me  farther  from  the  track  than  I  desire 
But  I  will  say  in  a  very  few  words,  it  results  from  the  fact  that 
her  Executive  and  the  House  of  Peers,  the  conservative  branch  of 
her  government,  are  both  hereditary.  The  Roman  government 
may  have  exceeded,  and  did,exceed,  the  British  sovernment  in  its 
power  for  conquest  ;  but  no  people  ever  did  exist,  and  probably 
never  will  exist,  with  such  a  capacity  for  conquest  as  that  people. 
But  the  capacity  of  Rome  to  hold  subjected  provinces,  was  as 
nothing  compared  to  that  of  Great  Britain,  and  hence,  as  soon  as 
the  Roman  power  passed  from  Italy  beyond  the  Adriatic  on  one 
side,  and  the  Alps  on  the  other,  and  the  Mediterranean,  their  liber- 
ty fell  prostrate — the  Roman  people  became  a  rabble — corruption 
penetrated  every  where,  and  violence  and  anarchy  ruled  the  day. 
Now,  we  see  England  with  dependent  provinces  of  vastly  greater 
territorial  extent ,  and  probably  not  less  in  population — I  have  not 
examined— we  see  her  going  on  without  impairing  personal  liberty, 

30th  Cong. — 1st  Session — No.  9. 


or  exposing  the  government  to  violence  or  anarchv.  Yet  the  En- 
glish have  not  wholly  escaped.  Although  they  have  retained  their 
liberty  and  have  not  fallen  into  anarchy  and  despotism',  yet  we  be- 
hold the  population  of  England  crushed  to  the  earth  by  the  super- 
incumbent weight  of  debt.  Reflecting  on  that  governrnent,  I  have 
often  thought  that  there  was  only  one  way  in  which  it  could  come 
to  an  end — that  the  weight  o(  the  superstructure  would  crush  the 
loundatiou — that  the  wealth  accumulated,  in  part  by  these  very 
conquests,  by  the  higher  classes  would  crush  the  laboring  masses 
below.  But  has  she  obtained  indemnity  from  all  her  subjecteil  pro- 
vinces !  On  the  contrary,  instead  of  drawing  the  means  of  sup- 
portinnj  herself  from  thcui,  has  she  not  been  compelled  to  resort  to 
the  labor  of  her  own  population  to  hold  them  in  subjection  ?  And 
has  she  not  thrown  a  burden  upon  them,  which,  with  all  their  in- 
dustry and  skill — with  all  their  vast  accumulation  of  capital  and 
power  of  machinery,  they  are  incapable  of  bearing  without  being 
reduced  to  poverty  ?  Take  even  her  earliest  and  nearest  conquest 
— the  neighboring  island  of  Ireland — is  it  not  to  this  day  a  source 
of  hea\y  expense,  and  a  burthen  to  her,  instead  of  a  source  of  re- 
venue ? 

But  while  the  English  government  has  such  vast  power  of  hold- 
ing subjected  provinces  in  subjection  without  impairing  her  lib- 
erty— without  the  evils  incident  to  it,  our  government,  of  all  free 
governments  that  ever  existed,  has  the  least  capacity  to  bear  pat- 
ronage proportionate  to  its  wealth  and  power.  In  this  respect  the 
genius  of  the  two  governments  is  precisely  the  opposite,  however 
much  alike  in  their  exterior  forms,  and  their  laws  and  customs. 
The  cause  of  this  difference  I  cannot  undertake  to  explain  on  the 
present  occasion,  but  must  content  myself  by  saying  that  it  results 
from  its  federal  character  and  the  nature  of  its  conservative  prin- 
ciples. Shall  we,  then,  with  these  certain  aid  inevitable  conse- 
quences in  a  government  better  calculated  to  resist  them  than  any 
other,  adopt  such  a  ruinous  policv,  and  reject  the  lessons  of  ex- 
perience? So  much  then,  Mr.  President,  lor  holdmg  Mexico  as  a 
province.  ' 

I  come  now  to  the  proposition  of  incorporating  her  into  our 
Union.  Well,  as  far  as  law  is  concerned,  that  is  easy.  You 
can  establish  a  territorial  government  for  every  state  in  Mexico, 
and  there  are  some  twenty  of  them.  You  can  appoint  governors, 
judges  and  magistrates.  You  can  give  the  people  a  subordinate 
Sovernment.  allowing  them  to  legislate  for  themselves,  whilst  you 
defray  the  cost.  So  far  as  law  goes  the  thing  is  done.  There  is 
no  analogy  between  this  and  our  territorial  governments.  Our  ter- 
ritories are  only  an  ofl'set  of  our  own  people,  or  Ibreigniirs  from  the 
same  regions  from  which  wo  came.  They  arc  small  in  number. 
They  are  incapable  of  forming  a  government.  It  would  be  incon- 
venient for  them  to  sustain  a  government,  if  it  were  formed;  and 
they  arc  very  much  obliged  to  the  United  States  lor  undertaking 
the  trouble,  knowina  that  on  the  attainment  of  their  majority— 
when  they  come  to  manhood — at  twenty-one — they  will  be  iniro- 
duded  to  an  equality  with  all  the  other  members  of  the  Union.  It 
is  entirely  difl'erent  with  Mexico.  You  have  no  need  of  armies  to 
keep  your  territories  in  subjection.  But  when  you  incorporate 
Mexico,  you  must  have  powerful  armies  to  keep  them  in  subjec- 
tion. You  may  call  it  annexation,  but  it  is  a  forced  annexation 
which  is  a  contradiction  in  terras,  according  to  my  conception. 
You  will  be  involved,  in  one  word,  in  all  the  evils  which  I  attri. 
bute  to  holding  Mexico  as  a  province.  In  fact,  it  will  be  but  a 
provincial  government,  under  the  name  of  a  territorial  government . 
How  long  will  that  last'  How  long  will  it  be  before  Mexico  will 
be  capable  of  incorporation  into  our  Union?  Why,  if  wc  jud<Te. 
from  the  examples  before  us.  it  will  be  a  very  long  time.  Ireland 
has  been  hekl  in  subjection  by  England  for  seven  or  citrht  hundred 
years;  and  yet  still  remains  hostile,  although  her  people  are  n{ 
kindred  race  with  the  conquerors.  A  few  French  Canadians  on 
this  continent  yet  maintain  the  attitude  of  a  hostile  people;  and 
never  will  the  time  come,  in  my  opinion.  Mr.  President,  that  these 
Mexicans  will  be  heartily  reconciled  to  yom-  authoritv.  They 
have  Castilian  blood  in  their  veins — the  old  Gothic,  quite  equal  I'o 
the  Anglo-Saxon  in  many  respects — in  some  respects  superior.  Ol 
all  nations  of  the  earth,  they  are  the  most  pertinacious — have  the 
highest  sense  of  nationality- — hold  out  longest,  and  often  even  with 
the  least  prospect  of  efteeting  their  object.  On  this  subject  also  1  ... 
have  conversed  with  olficers  of  the  army,  and  they  all  entertain 
the  same  opinion — that  these  people  are  now  hostile,  and  will  con- 
tinue so. 

But,  Mr.  President,  suppose  all  these  difficulties  removed.  Sup- 
pose these  people  attached  to  our  Union,  and  desirous  of  incorpo- 
rating with  us,  ought  we  to  bring  them  in?  Are  they  fit  to  be 
connected  with  us?  Are  they  fit  lor  self-government  and  for  Gov- 
erning you?  Are  you.  any  of  you,  willing  that  your  States  should 
be  governed  by  these  twenty  odd  Mexican  States,  with  a  popula- 
tion of  about  only  one  million  of  your  blood,  and  two  or  three  mil- 
lions of  mixed  blood,  all  the  rest  being  pure  Indians,  not  equal  to 
the  Cherokees  or  Choctaws? 

We  make  a  great  mistake,  sir,  when  we  suppose  that  all  people 
are  capable  of  self-government.  We  are  anxious  to  force  free  Go- 
vernment on  all;  and  I  see  that  it  has  been  mged  in  a  verv  re- 
spectable quarter,  that  it  is  the  mission  of  this  coimtrv  to  spread 
civil  and  religious  liberty  over  all  the  world,  and  especially  over 
this  continent.  It  is  a  great  mistake,  Kone  but  people  advanced 
to  a  very  high  state  of  moral  and  intellectual  improvement  are  ca. 
pable,  in  a  civilized  state,  of  maintaining  free  government;  and 
amongst  those  who  are  so  purified,  verv  lew  indeed,  have  had  the 
good  fortune  of  forming  a  Constitution  capable  of  endurance.  It 
is  a  remarkable  fact  in  the  history  of  man,  that  scarcely  ever  have 


66 


MR.  CALHOUN'S  RESOLUTIONS. 


[Tuesday, 


free  popular  institutions  been  formed  by  wisdom  alone  that  have 
endured. 

It  has  been  the  work  of  fortnnate  tireumstances  or  a  combina- 
tion of  circunistanccs,  a  succession  of  fortunate  incidents  of  somn 
kind,  which  give  to  any  people  a  free  government.  It  is  a  very 
difficult  tatk  to  make  a  constitution  to  hist,  though  it  may  bo  sup- 
posed by  some,  that  they  can  be  made  to  order,  and  furnished  at 
the  shortest  notice.  Sir,  this  admirable  constitution  of  our  own 
was  the  result  of  a  fortunate  combination  of  circumstances.  It 
was  superior  to  the  wLsdom  of  the  men  who  made  it.  It  was  the 
force  of  circumstances  which  indiu-cd  them  to  adopt  most  of  it.s 
wi.se  provisions.  Well,  sir,  of  the  few  nations  who  have  the  good 
fortune  to  adopt  self-government,  few  have  had  the  good  fortune 
Ion"  to  preserve  that  government  ;  for  it  is  harder  to  preserve  th.-in 
to  iorm  it.  Few  people,  after  years  of  prosperitv,  remember  the 
tenure  by  which  their  liberty  is  held  ;  and  I  loar.  Senators,  that  is 
our  own  condition.  I  fear  that  we  shall  continue  to  involve  our- 
selves until  our  own  system  becomes  a  ruin.  Sir,  there  is  no  solic- 
itude now  for  liberty.  Who  talks  of  liberty  when  any  great  qties- 
tion  comes  up  ?  Here  is  a  question  of  the  first  magnitude  as  to 
the  conduct  of  this  war  ;  do  you  hear  anybcdy  talk  about  its  eflect 
upon  our  liberties  and  our  free  institutions  ?  No,  sir.  That  was 
not  the  case  formerly.  In  the  early  stages  ol  our  government  the 
great  anxiety  was  h.nv  to  preserve  liberty.  The  great  anxiety 
now  is  for  the  attainment  of  mere  military  glory.  In  the  one  we 
are  for"eltin"  the  other.  The  maxim  of  former  times  was,  that 
DowerTs  always  stealing  from  the  many  to  I  he  few  ;  the  price  ol 
liberty  was  perpetual  vigilance.  They  were  constantly  looking 
out  and  watching  for  danger.  Then,  w'-en  any  great  question 
came  up  the  first  inquiry  was,  how  it  could  affect  our  free  institu- 
tions—how  it  could  affect  our  liberty.  Not  so  now.  Is  it  because 
there  has  been  any  decay  of  the  spirit  of  liberty  among  the  people? 
Not  at  all.  I  believe  the  love  of  liberty  was  never  more  ardent, 
but  they  have  forgotten  the  tenure  of  liberty  by  which  alone  it  is 
preserved. 

We  think  we  may  now  indulge  in  everything  with  impunity,  as 
if  we  held  our  charter  of  liberty  by  "right  divine'' — from  Heaven 
itself.  Under  these  impressions  wo  plunge  into  war,  we  contract 
heavy  debts,  we  increase  the  patronage  of  the  Executive,  and  we 
even  talk  of  a  crusade  to  force  our  institutions,  our  liberty,  upon 
all  people.  There  is  no  species  of  extravagance  which  our  people 
imagine  will  endanger  their  liberty  in  any  degree.  But  it  is  a 
"reat  and  fatal  mistake.  The  day  of  retribution  will  come.  It 
wll  come  as  certainly  as  I  am  now  addressing  the  Senate,  and 
when  it  does  come,  awful  will  be  the  reckoning  ;  heavy  the  re- 
sponsibihty  somewhere  ' 

Mr.  President,  with  these  impressions    I   cannot  approve  of  the 
policy  recommended  by  the  Executive,  nor  can  I,  with  my  present 
views,  support  it.     The  question  is  now,  what  shall  be  done  ?     It 
is  a  "reat  and  diflicult  question,  and  it  is  daily  becoming  more  and 
more  difficult.     What  is  to  be  done  ?     Sir,  that  question  ought  not 
to  be  for  me  to  answer.     I,    who   have    used   every   effort  in  my 
power  to   prevent  this    war,  and    after  its   commencement   have 
done  everything  in  my  power   to  diminish  the   evil  to    the  smallest 
possible  amount.     But  I  will  not    shrink  from   any    responsibility, 
whether  it  properly  belongs    to  me    or    not.     After  saying  that  I 
cannot  support  the  course   recommended  by  the  Executive,  I  will 
proceed  to  state  that  which  I  would  propose  as  the  best  to  be  pur- 
sued.    Well,  then,  I  will  say  that  there  is  not  the  smallest  chance 
of  our  disentangling  ourselves   from    this   Mexican  concern  which 
threatens  us  so  much — there  has  not  been,  in  my  opinion,  the  smallest 
chance,  from  the  commencement  of  the  war  until  this  time,  but  by 
taking  a  defensive  line,  doing  that  now  which  the  President  recom- 
mends shotdd  be  done  finally  after  the  conquest,  and  taking  indem- 
nity into  our  own  hands.     To  do   this  depends  on  our  own  volition, 
and  not  on  the  fleeting  consent  of  Mexico.     Sir.  if  time  had  been 
allowed  to  the  Senate  when  the  message  of  the   President  recom- 
mending war 'Was  before  them,   if  time  had  been  allowed  to  the 
Senate,  I  would   have  announced   the   course    of  policy  which    I 
thought  right,  but  time  was  nut  permitted.     My  opinion  was,  that 
wo  should  have  simply  voted  Taylor  the  means  of   defending  him- 
self.    That  ought  to  have  been    done.     There  then  should    have 
been  a  solemn  report  from   the   proper   committee,  going  into  all 
the  circumstances,  showing  that  the  republic   of  Mexico  had  not 
yet  recognized  these  hostilities — recommending  a  provisional  army 
to  be  directed  to   a  proper  point,  giving  time  lo  the  Mexican  Con- 
gress and  Mexican  people  to  have  considered  whether  they  would 
avow  or  disavow  the  attacks  upon  us  ;  and  il   no  satisfaction  were 
obtained,  not  lo  make  war  in  this  set  fo'iii,  but  seize  upon  the  por- 
tions of  the  country  eonti"uous   and   most  convenient  to   us,   and 
then  have  assumed  the  defensive  line.     These  are    my  views,  but 
unfortunately,  we  were  all  acting  here  under   an  urgency  without 
time  to  reflect.     Wc  were  pushed  on,  and  told,  if  you   do  not  act 
to-day  nothing  can  be  done. 

Well  now,  sir,  as  to  where  the  defensive  lino  should  be   at   the 

firescnt  time,  I  do  not  presume  to  ofler  an  opinion.  I  suggested  a 
ine  at  the  last  .session.  I  am  not  prepared  to  sav  what  would  be 
the  proper  one  at  the  present  time,  but  I  do  say  that  we  must  va- 
cate the  central  parts  of  Mexico.  We  must  fall  back,  if  you 
choose  to  use  that  word,  or  take  a  line  that  shall  coyer  ample  ter- 
ritory for  indemnity. 

Fiir  my  part,  I  am  not  for  charging  Mexico  with  the  whole  ex- 
pense of  the  war,  but  1  would  take  ample  territory,  and  hold  it 
subject  to  ncgocialion.  Now,  sir,  I  know  it  will  he  said  that  this 
will  be  as  expensive  as  the  war.  I  think  I  have  said  enough  to  show 
that  that  cannot  be,  that  it  will  fall  far  short  (dii;  but  1   will  not 


repeat  the  argument.  But  admitting  it  should,  admitting  that  by 
no  means  concludes  the  argument,  for  the  sacrifice  of  men  would 
be  infinitely  less,  and,  what  is  more  important,  you  will  thereby  be 
able  to  disentangle  yourselves.  That  is  the  only  way  by  which  it 
can  bo  done.  You  are  tied  at  present  to  a  corpse!  My  object  is 
to  get  rid  of  it  as  soon  as  possible. 

I  look  not  to  Mexico;  I  look  to  our  own  country  and  her  institutions. 
I  look  to  the  liberty  of  this  country  and  nothing  else.  Mr.  Presi- 
dent, if  we  but  preserve  our  liberty  by  a  proper  course  of  modera- 
tion, acting  justly  towards  our  neighbor,  and  wisely  in  regard  to 
ourselves — ^il  we  remain  quiet,  resting  in  an  able  and  masterly  inac- 
tivity, and  let  our  destinies  w'ork  out  their  own  results,  we  shall  do 
more  for  liberty,  not  only  for  ourselves  but  for  the  example  of 
mankind,  than  can  be  done  by  a  thousand  victories. 

Sir,  I  find  1  am  becoming  old;  I  almost  feel  that  I  live  among 
strangers.  If  I  have  expressed  anj'tliing  that  is  uncongenial  to 
the  feelings  of  this  body,  put  it  down  as  proceeding  from  the  old 
associations  of  thirty  or  thirty-five  years  ago,  which  are  still 
clinging  around  me.  Sir,  this  is  not  the  first  time  that  I  have 
taken  my  stand  against  war.  When  General  Jackson  recommended 
letters  of  marque  and  reprisal  against  France,  I  arose  alone  in  the 
Senate  and  remonstrated  against  such  injustice.  And,  in  point  of 
fact,  the  treaty  which  was  subsequently  concluded  with  France, 
was  ratified  with  the  cypress  understanding,  which  was  known  to 
our  government  when  the  treaty  was  formed,  that  it  would  require 
a  vote  of  the  Chambers  on  the  part  of  France  to  sustain  it,  as  it 
would  require  a  vote  to  sustain  it  on  the  part  of  this  coiuitry  ;  and 
that  thev  were  no  further  responsible  than  to  use  their  best  efforts 
to  obtain  that  vote.  And  yet,  though  it  was  acknowledged  that 
the  Executive  of  France  had  done  all  in  his  power  to  obtain  that 
vote,  we  were  nearly  pushed  into  a  war.  Nothing  but  the  inter- 
position of  Great  Britain  prevented  it.  As  for  myself,  standing  on 
this  side  of  the  Chamber,  1  raised  ray  voice  singly  against  it.  , 

Mr.  President,  in  my  opinion  all  parties  are  interested  in  g'ving 
this  matter  the  only  direction  that  can  be  given  to  it  with  any 
prospect  of  a  favorable  result.  Let  me  say  to  the  friends  of  the 
administration,  if  you  go  on  and  some  accident  does  not  meet  you. 
if  3'ou  go  on  in  the  prosecution  of  this  war  from  year  to  year,  you 
will  find  that  it  will  overthrow  you.  Do  you  not  see  that  as  far  as 
the  internal  affairs  of  the  govFrnment  are  concerned,  you  are  re- 
versing the  policy  of  wlii'ch  you  have  heretofore  professed  to  be  the 
advocates.  What  party  has  been  opposed  to  the  re-creation  of  a 
great  national  debt?  The  democratic  or  republican  party?  Well, 
sir,  this  war  is  involving  you  in  a  greater  debt  than  the  opposite 
party  could  have  done,  perhaps,  in  any  circumstances  short  ol 
war.  This  very  campaign,  which  you  look  upon  so  lightly,  will 
be  almost  as  great  a  charge  upon  the  country  as  the  debt  of  the 
revolution.  What  narty  has  always  been  against  the  extension  of 
the  patronage  of  the  Executive?  Well,  sir,  you  are  doing  more 
towards  the  extension  of  that  patronage,  and,  above  all, 
towards  the  continuance  of  that  extension,  than  has  ever  been  done 
under  our  government.  Well,  sir.,  what  party  professes  to  be 
most  in  favor  of  a  metallic  currency?  And  do  you  not  see  that  as 
your  treasury  notes  and  stocks  accumulate,  you  are  in  danger  of 
being  plunged  again  into  the  paper  system  to  the  utmost  extent? 
What  party  has  been  always  in  favor  of  free  trade  ?  Do  you  not 
see  that  by  accumulating  charges  and  burdens  upon  the  people  by 
the  debts  which  have  now  been  contracted,  that  you  never  will, 
during  your  time,  have  an  opportunity  of  making  any  considerable 
reduction  in  the  tarifl? 

Sir,  I  know  what  is  at  the  bottom  of  the  course  of  policy  which 
is  recommended  to  be  pursued.  It  is  that  pride  of  opinion  to  which 
wo  are  all  subject.  No  doubt  it  was  thought  that  that  course  of 
policy  would  lead  to  the  consequences  which  were  contended  for  ; 
but  it  has  not.  But,  sir,  the  alternative  is  pressing.  You  will 
have  but  the  choice  between  that  and  worse,  in  my  opinion.  It  is 
magnanimous  and  honorable  to  retract  when  a  course  of  policy 
which  has  been  pursued  turns  out  to  be  wrong.  It  woidd  do  "reat 
credit  to  the  party  in  power  to  act  now  precisely  as  they  v^;ld 
have  acted  if  they  had  had  all  the  lights  of  experience  at  the  cout 
menceinent  of  this  war  which  they  now  have.  It  would  be  doin" 
a  high  .act  of  patriotism,  to  sacrffice  their  feelings  of  individual 
pride  to  the  good  of  the  country. 

Now  let  me  say  that  in  asserting  that  a  defensive  line  was  the 
only  alternative  to  the  plan  recommended  by  the  President,  I  have 
put  out  ol  the  question  the  course  which  most  of  you  advocate — 
taking  no  indemnity  of  territory;  because,  1  believe  that  the  voice 
of  the  country  has  decided  irrevocably  against  it;  and  that  to  keep 
it  as  the  alternative  would  but  render  more  certain  the  adoption  ol 
the  policy  recommendeil  by  the  Executive  and  in  consequence  the 
coii(|uest'  of  the  whole  coiinlrv.  Let  uic  sarfarther,  lo  my  friends, 
on  the  other  side  of  the  Chainber,  for  1  regaid  them  as  such— (it 
is  our  good  foitune  to  diflt^r  in  politics  here,  without  permitting  our 
personal  feelings  to  be  afleeted)— that  they  have  contributed  by 
their  course  to  give  the  public  opinion^that  strong  and  fi.\cd  deter- 
mination, not  to  terminate  the  war  without  some  suitable  indemni- 
ty. I  do  not  allude  to  voiir  voting  on  the  bdl  recognizing  the  ex- 
istence of  war  between  the  republic  of  Mexico  and  .the  United 
Slates.  No  one  knows  better  than  niysell,  that  you  voted  lor  the 
bill  with  the  view  of  furnishing  immediate  relief  to  General  Taylor 
and  his  army— and  not  in  reference  lo  the  war— that  you  even  pro- 
tested and  rcinonstraled  against  that  interprclatinn  being  put  upon 
your  vote.  But  after  the  bill  passed,  and  the  war  was  authorized, 
iucst  of  you  have  continued  to  vote  appropriations  to  prosecute  the 
war  with  the  ohject  expressed  of  acipiiring  territory  as  an  indcm-- 
nity.  Now,  1  must  say,  I  cannot  see  how  the  two  can  be  rec-iin- 
ciled— how  your  vote   lo  acqnire  territory  can  be  justified,  and  a 


January  4.] 


MR.  CALHOUN'S  RESOLUTIONS. 


67 


the  same  time  your  opposition  to  the  acfjuisition  of  territory  as 
means  of  indemnity,  wlien  it  is  acknowledijcd  on  all  sides,  that 
that  is  the  only  means  by  which  it  can  lie  acquired.  The  peopla 
will  tind  it  had  to  believe  that  it  was  necessary  to  vote  so  nuieli 
money  for  the  purpose  of  a;ettin<4  territory  for  ijidenmity,  which 
you  intend  to  throw  away  when  you  get  it !  But,  whatever  may 
bo  the  causes  which  have  led  to  this  state  of  puiilie  opinion,  it  has, 
beyond  all  doubt,  ilccided  ayainst  any  conclusion  of  this- war  that 
does  not  involve  territorial  indemnity  to  some  extejjt.  Hence,  I 
repeat  the  alternative  whether  this  war  shall  go  on  and  consum- 
mate itself,  is  bet  ween  taking  a  defensive  line  and  adopiinij;  the  courte 
pointed  out  by  the  Executive,  and  that  the  decision  must  be  made 
now;  for  if  it  be  passed  over  until  another  session,  the  end  will  be, 
I  doubt  not,  the  suhjuiration  of  the  whole  country,  thereby  involv- 
ing us  in  all  th(!  dilliculties  and  dangers  which  must  result  from  it. 
Now,  I  have  delivered  my  opinion  with  that  candor  and  I'rank- 
nes's,  which,  I  hope,  become  iny  posilion  on  this  floor.  I  sliall 
now  propose  nothing,  but  if  I  find  that  I  can  be  supported  in  these 
my  views,  I  will  undertake  to  raise  a  committee  to  deliberate,  alter 
consulting  with  those  officers  who  arc  now  fortunately  in  this  citv, 
upon  the  best  defensive  line  that  can  be  taken.  If  it  should  be 
fortunately  adopted,  we  may  not  get  peace  immediately;  the  war 
may  continue  for  some  years,  but   be   tlia't  as  it  will,  we  will  ac- 


complish that  all-important  consideration,  the  extrication  of  our- 
selves and  the  country  from  this  entanglement  with  Mexico. 

Mr.  SEVIER  moved  to  lay  the  resolution  upon  the  table. 

Upon  this  motion  the  yeas  and  nays  were  demanded. 

Mr.  CALHOUN  said  he  hoped  the  motion  would  be  allowed  to 
prevail.  It  was  perfectly  right  in  the  present  circumstances  that 
the  motion  should  prevail.  He  would  take  it  as  a  personal  favor 
that  no  opposition  should  be  offered  to  it. 

Mr.  SEVIER  observed  that  it  was,  of  course,  to  be  expected 
that  this  speech  would  be  replied  to;  but  he  was  desirous  that  this 
debate  should  be  suspended  for  a  time,  in  order  to  proceed  w-ith  the 
consideration  of  the  army  bill. 

The  motion  to  lay  on  the  table  was  then  agreed  to. 

EXECUTIVE    SESSION. 

The  Senate  _then  proceeded  to  the  consideration  of  Executive 
business,  and  after  some  time  spent  therein,  the  doors  wore  open- 
ed, and 

The  Senate  adjourned. 


68 


PETITIONS— RESOLUTIONS— BILLS. 


[Wednesday. 


WEDNESDAY,  JANUARY  5,  1848 


COMMUNirATIOV  FROM  Tlir  TREASURY. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the 
Treasurer  of  the  United  States,  accompanied  by  accounts  ol  re- 
ceipts and  disbursements  for  the  Post  Oftire  Department  lor  the 
year  endini;  30ili  June,  1S47. 

PETITIONS- 

Mr.  HALE  presented  the  petition  of  the  heirs  of  Moses  White 
deceased,  a  revolutionary  ofliccr,  praying  to  be  allowed  arrears  ol 
pension;  which  was  referred  to  the  Committee  on  Pensions. 

Mr  DICKINSON  presented  additional  documents  in  relation  to 
the  claim  of  John  Lorimer  Graham;  which  were  relerred  to  the 
Committee  on  the  Post  Office  and  Post  Koads. 

Mr  YULEE  presented  the  petition  of  the  widow,  and  legal  re- 
presentatives of  keuben  l.assiter,  deceased,  praymg  conipensat.on 
for  a  slave  shot  bv  a  party  of  volunteers  m  the  service  ol  ''f  U  - 
led  States  in  the  Seminole  war;  which  was  relcripd  to  the  Com- 
mittee of  Claims. 

Mr  SEVIER  presented  the  petition  of  Albert  Pine,  praying 
that  compensation  may  be  made  to  a  company  of  Arkansas  caval- 
ry, commanded  bv  him,  for  horses  lost  or  stolen  while  in  the  sei- 
viee  of  the  United  States;  whi.'h  was  referred  to  the  Committee  on 
Military  Ali'airs. 

Mr.  CAMERON  presented  the  petition  of  Susan  C  Randall. 
widow  of  Archibald  Randall,  late  District  Judae  ol  the  UmieU 
States  for  the  Eastern  District  of  Pennsylvania,  praymg  compen- 
sation for  servi(res  rendered  bv  her  late  husband  as  Circuit  Judiie; 
which  was  referred  to  the  Committee  on  the  Judiciary. 

Mr.  CASS  presented  the  petition  of  William  Woodbridge  and 
Henry  Chipman,  late  Judscs  of  the  United  States,  in  the  Territory 
of  Michit'an.  praying  compensation,  for  services  not  incident  to 
their  judicial  ollice;  w^hich  was  referred  to  the  Committee  on  the 
Judiciary. 

Mr.  DIX  presented  the  )ietilion  ol  Mury  M.  Foot,  widow  of 
Lyman  Fool,  late  a  Suri;eon  in  the  army,  praying  that  provision 
may  be  made  for  herself  and  family,  in  consequence  of  the  death 
of  her  husband,  while  in  the  discharge  of  his  duty  in  Mexico; 
which  was  relerred  to  the  Committee  on  Military  Affairs. 

Mr.  DIX  presented  the  petition  of  Marvin  W.  Fisher,  prayiuir 
compensation  for  the  use  of  his  inveiifioii  for  charging  percussiou 
caps  by.  the  government,  and  the  purchase  of  his  patent  right  ; 
which  was  referred  to  the  Committee  on  Military  Aflairs. 

Mr.  DAVIS,  of  Mississippi,  presented  additional  documents  re- 
lating to  the  petition  of  Hugh  W.  Dobbin;  which  were  referred  to 
the  Committee  on  Pensions. 

Mr.  DICKINSON  presented  the  petition  of  citizens  of  the  coun- 
ty of  Orleans,  New  York,  praying  that  the  iVanking  privilege  may 
be  abolished,  and  that  the  rates  of  postage  on  newspapers  be  re- 
duced; which  was  referred  to  the  Committee  on  the  Post  Office 
and  Po^t  Roads. 

NOTICES  OF    BILLS. 

Mr.  ASHLEY  gave  notice,  that  on  to-morrow,  he  should  ask 
leave  to  introduce  a  bill  to  alter  and  amend  the  Judicial  system  of 
the  United  States. 

Mr.  JOHNSON,  of  Louisiana,  gavV  notice  that  on  to-morrow 
he  should  ask  leave  to  introduce  a  bill  to  provide  for  the  siirvev  of 
the  mouth  of  the  Red  River,  in  the  State  of  Louisiana. 

eRINTINO   OF  DOCUMENTS. 

Mr.  CLAYTON  submitted  the  following  resolution,  which  was 
considered  bj'  unanimous  consent  and  agreed  to: 

titsotrtd.  Thai  iliH  Coiiimiltec  uii  I'linliiig  be  iiislTiictod  to  in<H!irc  mid  ipporl  wliv 
none  of  llif  C0[ii("t  o(  I  lie  l'ri~.iil('iir£  Mt-x^nge  with  dociiniL-nts,  or  ol' llic  re|,orts  ol'tlii.- 
Necrrtan**  nml  Poittn.-iwli'i  Ceiifral  witii  docttiiu-Dt^.  have  been  lurnislifd  lot  tlit'  use 
of  the  Sf  natc,  mid  w  lii-ii  tlie  >nid  copies  may  be  furnitlied  by  tile  I'nnteri. 

COMMISSIONS  TO  AGENTS. 

Agreeably  tn  imtice,  Mr.  HUNTER  asked,  and  obtained  leave, 
to  bring  in  a  bill  to  authorize  the  payment  of  equitable  coin- 
iiussions  to  the  agents  or  attorneys  of  persons  in  whose  favor 
awards  have  been  made  under  three  several  treaties  between  the 
United  States  and  certain  foreign  powers,  which  awards  have  been 
retained  in  the  Treasury  in  pnyinent  of  debts  duo  to  the  United 


States;  which  was  read  the  first   and   second   times,  by  unanimous 
consent,  and  referred  to  the  Committee  on  Finance. 


MARTIN  FENWICK,   DECEASED. 

Agreeably  to  notice,  Mr.  JOHNSON,  of  Maryland,  asked,  and 
obtained  leave,  to  bring  in  a  bill  for  the  relief  of  the  legal  repre- 
sentatives of  Blartin  Fenwick;  which  was  read  the  first  and  second 
times,  by  unanimous  consent,  and  referred  to  the  Committee  on 
Public  Lands. 

EMIGRANTS    TO    LIBERIA. 

Mr.  JOHNSON,  of  Maryland,  from  the  Committee  on  Com- 
merce, to  whom  had  been  referred  the  memorial  of  the  American 
Colonization  .Society,  reported  a  bill  exempting  vessels  employed 
by  the  American  Colonization  Society  in  transporting  colored  emi- 
grants from  the  United  Stales  to  the  coast  of  Alrica,  from  the  pro- 
visions of  the  acts  of  22d  February,  and  2d  of  March,  1847,  regu- 
lating the  carriage  of  passengers  in  merchant  vessels;  which  was 
read,  and  passed  to  the  second  reading. 

RICHARD    S.    COXE. 

Rfr.  ASHLEY,  from  the  Committe  on  the  Judiciary,  to  whom 
had  been  referred  the  memorial  of  Richard  S.  Coxe,  made  a  report 
upon  the  subject,  accompanied  by  a  bill  lor  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered.  That  the  report  be  printed. 

REPEAL  OP  PILOT  LAWS. 

Mr.  DIX,  from  the  Committee  on  Commerce,  to  whom  had  been 
referred  the  bill  to  repeal  the  act  of  2d  March,  1837,  entitled  "An 
acl  concerning  Pilots;"  reported  it  without  amendment. 

IMPROVEMENT  OF  THE  SAVANNAH  RIVER. 

Mr.  DIX ,  from  the  Committee  on  Commerce,  to  whom  had  been 
referred  the  bill  making  an  appropriation  for  removing  obstructions 
in  the  Savannah  river,  reported  it  without  amendment. 

THOMAS  N.    WELSH. 

Mr.  RUSK,  from  the  Committee  on  Revolutionary  Claims,  to 
whom  was  referred  the  petition  of  Thomas  N.  Welsh,  submitted  a 
report,  accompanied  by  the  fo'lowing  resolution: 

RrsfilveJ,  That  the  Secretary  of  the  Senate  do  send  the  petition  and  other  papera, 
accompanying  it,  to  the  Secretary  of  War.  with  this  report. 

The  Senate  proceeded,  by  unanimous  consent,  to  consider  the 
said  resolution;  and  the  resolution  was  agreed  to. 

THE   SHIP  .lAMES  MITCHELL. 

Mr.  BRADBURY,  from  the  Committee  of  Claims,  to  whom 
had'been  referred  the  memorial  of  George  Harvey,  made  a  report 
thereon,  accompanied  by  the  following  resolution; 

Hf.^o!rfil,  That  the  prayer  of  Georpe  Harvey,  agent  for  the  owueri  and  consigDees 
of  the  English  ship  James  iMitchell,  onghl  not  to  begianted. 


Ordered,  That  the  report  be  printed. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk: 

Mr.  President :  The  House  of  Eepresentatix  es  have  jiassed  a  bill  making  further  pro- 
visions for  surviving  widow,  of  the  soldiers  of  the  Revolution;  in  which  they  request 
the  concurrence  of  the  Senate. 

The  President  of  the  United  States  yesteidav  approverl  and  signed  the  enrolled  bill 
[titled  ".\n  acl  making  appropriations  to  supply  in  part  a  deficieni'y  in  the  appropria- 
iins  for  subsistence  in  kind,  of  tlie  army  and  volunteers  during  the  year  ending  June 
nil,  184?." 


entitled  ".\n  acl  making  appropriations  to  supply  in  part  a  deficieni-y  in  the  appropria 
Vinil,  of  the  army  and  volunteers  dur' 

REVOLUTIONARY  PENSIONS. 

The  bill  from  the  House  of  Representatives  making  further  pro- 
visions for  surviving  widows  of  the  soldiers  of  the  Revolution,  was 
read  the  first  and  second  times,  by  unanimous  consent,  and  refer- 
red lo  the  Committee  on  Pensions. 

THOMAS  RHODES. 

The  engrossed  bill  for  the  relief  of  Thomas  Rhodes  was  read  a 
third  time. 

Resoh-ed,  That  this  bill  pass,  and  that  the  title  thereof  be  Oi  atbrcaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

ASSISTANT    rtJRSERS. 

•The  bill  to  authorize  the  appointment  of  Aosistant  Pursers  in 
»he  Navy,  was  passed  by  informally. 


Januahy  5.] 


PRIVATE  BILLS— BOUNTY  LANDS— PENSIONS. 


69 


PRIVATE  BILLS. 

The  following;  bills  were  severally  read  a  second  time,  and  con- 
Fiidered  as  in  Committee  of  the  Whole: 

Bill  lor  the  relief  of  Foxall  A,  Parker,  of  the  United  States  Navy. 
Bill  fortJie  relief  of  tjie  heirs  of  Andrew  D.  Prosby. 
Bill  for  the  relief  of  William  A.  Chnstian. 

On  motion  by  Mr.  SEVIER,  it  was 
Ordered,  That  they  severally  lie  on  the  table. 

BOUNTY  LAND  WARRANTS. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the  Whole, 
the  bill  to  allow  further  time  for  satisfying  claims  for  bounty  lands.. 
for  military  services  in  the  late  war  with  great  Britain,  and  for 
other  purposes, 

Mr.  SEVIER  said  he  hoped  the  Chairman  of  the  Comraittee 
from  which  this  bill  was  reported  would  explain  the  reason  which 
existed  for  its  passage.  This  was  a  rule  which  had  been  generally 
followed  heretofore.  The  are,  continued  Mr.  Skvier,  extensive 
tracts  of  land  reserved  for  military  bounty  land,  which  land  is  ex- 
empted IVom  taxation,  much  to  the  injury  of  the  districts  in  which 
they  lie.  I  think  it  is  time  that  this  system  should  be  put  an  end 
to.  There  may  be  individual  cases  which  are  deserving  of  special 
legislation,  but  we  ought  to  pause,  I  think,  before  we  adopt  anv 
general  law  embracing  a  class  of  cases  which  have  been  already 
provided  for,  more  especially  when  we  all  know  that  doubtful 
claims  of  thirty  years'  standing  invariably  grow  stronger  and  bet- 
ter as  they  grow  older. 

Mr  BREESE. — This  bill  was  introduced  to  the  notice  of  the 
Senate  by  the  honorable  Senator  from  Kentucliv,  who  is  not  now 
in  his  seat.  It  was  referred  to  the  Committee  on  Public  Lands, 
and  received  an  attentive  consideration.  I  apprehend  that  the 
honorable  Senator  from  Arkansas  is  entirely  mistaken  as  to  the 
scope  and  object  of  the  bill.  This  bill  is  iiitended  to  meet  cases 
where  parties  holding  land  warrants  have  neglected  to  locate  their 
claims.  The  law  relating  to  such  cases  expii'cd  in  July  last,  and 
persons  who  have  applied  since  that  time  for  their  lands,  have  not 
been  able  to  obtain  tliem.  There  is  no  danger,  as  the  gentleman 
supposes,  in  extending  this  law.  We  do  noi  know  the  iuimbcr  of 
unlocated  claims  growing  out  of  the  revolution  and  the  late  war, 
and  it  is  merely  proposed  to  extend  the  law  relating  to  them  for 
five  years  longer.     It  is  never  too  late  to  do  justice. 

Mr,  SEVIER. — My  honorable  friend  is  entii-elv  mistaken  in  re- 
gard to  this  bill.  There  are  large  tracts  of  land 'in  his  own  State, 
and  in  Maine,  which  have  been  set  apart  to  satisfy  the  claims  of 
the  soldiers  of  the  last  war.  The  names  of  the  claimants  are  put 
into  a  box  and  drawn  out  consecutively,  and  the  location  is  deter- 
mined by  such  drawing.  There  are  warrants,  I  admit,  for  revo- 
lutionary services,  but  warrants  for  services  in  the  late  war  I  have 
never  heard  of.  A  large  portion  of  my  State— millions  of  acres — 
have  been  set  apart,  as  I  have  said,  to  satisfy  these  claims,  and  the 
claimants  have  had  thirty  years  in  which  to  bring  them  forward  ; 
there  is  no  one  who  has  not  had  bis  number  assigned  to  him,  and 
had  his  patent.  I  would  like  to  know  why,  at  this  late  day,  after 
thirty  years  have  elap,sed,  we  are  to  be  called  upon  to  pass  a  law 
to  give  them  five  years  longer,  and  for  what  purpose  ?  Why,  sim- 
ply to  have  their  locations  determined  bv  drawing,  which  has  alrea- 
dy been  done.     This  is  the  whole  purpose. 

iWr.  BREESE. — The  Senator  is  in  part  correct  in  regard  to 
claims  for  military  services  in  the  last  war.  Patents  were  issued. 
The  soldiers  had  nothing  to  do  with  it.  The  whole  matter  was  trans- 
acted m  Washington  city.  But  these  are  not  such  cases  ;  these  are 
cases  of  land  warrants  which  have  been  omitted  to  be  located  un- 
der the  act  of  1812-"13,  I  have  had  numbers  of  these  warrants 
sent  to  me  from  Illinois  ;  but  as  this  is  a  bill  which  has  been  intro- 
duced by  the  Senator  from  Kentucky,  who  is  not  now  in  his  seat, 
and  who  takes  great  interest  in  it,  I"  hope  it  will  be  passed  over  for 
the  present. 

Mr.  SEVIER.— Only  one  word.  If  there  have  been  land  war- 
rants granted  under  peculiar  circumstances,  I  know  nothing  about 
them.  AH  I  have  to  say  is,  that  if  five  years  further  ar'e  to  be 
gi-anted  to  the  claimants,  I  suppose  some  good  reasons  can  be  CTiven 
forjt.     I  would  like  to  hear  them.  " 

Ml-.   ALLEN  —I   would   inquire  of  the  Senator  from  Illinois, 
whether  there  is  a  report  from  the  Land  Otlice  upon  this  subject. 
Mr.  BREESE.— There  is  none. 

Mr.  ALLEN.— I  would  like,  before  I  vote  for  this  bill,  to  see  a 
report  setting  forth  the  facts  in  the  ease.  It  is  somethino-  new  to 
my  ears — entirely  so. 

The  question  being  taken  on  the  motion  lor  postponement,  it  was 

widows'  pensions, 

thJhMWn"!'*  proceeded  to  consider,  as  in  Committee  of  the  Whole, 
T.^Ll  T^  the  pensions  of  certain  widows  ;  and  no  amend- 
mem  being  made,  the  bill  was  reported  to  the  Senate 


Mr.  DAYTON — May  I  ask  the  Chairman  of  the  Committee  on 
Pensions  to  state  what  this  bill  is  > 

Mr,  JOHNSON,  of  Louisiana. — It  is,  sir,  for  the  purpose  of  con- 
tinuing the  pensions  of  certain  widows  who  are  very  old,  and  in 
distressed  circumstances.  I  trust  there  will  be  no  objection  to  its 
passage.  The  measure  has  been  recommended  from  the  War  De- 
partment, and  has  received  tlie  unanimous  concurrence  of  the 
Committee. 

Mr.  DAYTON.— What  is  the  bill  ? 

Mr.  WESTCOTT.— It  is  the  very  same  bill  insnb.stance  as  that 
from  the  House  which  was  before  tlie  Senate  a  few  minutes  ago. 

Mr.  JOHNSON. — I  was  not  aware  of  the  fact,  that  thev  were 
the  same  until  the  circumstance  was  mentioned  by  the  Senator 
from  Florida.  It  would  be  more  proper,  perhaps,  to  take  np  that 
bill.     I  move,  therefore,  that  this  bill  be  laid  upon  the  table. 

The  motion  was  agreed  to. 

additional  volunteer  force. 

The  bill  providing  for  the  further  prosecution  of  the  existing  war 
between  the  United  States  and  the  Republic  of  Mexico,  was  read 
the  second  time  and  considered  as  in  Committee  of  the  Whole. 

Mr.  CASS  said  it  was  the  disposition  of  tlie  Military  Commillee 
that  this  bill  should  he  deferred  until  the  ten  regiiuent  bill  should 
have  been  disposed  of.  He  thought  it  better  to  go  on  with  thedis- 
cussioir  upon  that  bill,  and  let  tins  be  taken  up  after  its  passage. 
He, -therelore,  moved  that  it  be  hiid  upon  the  table  ;  which  motion 
was  agreed  to. 

WILLI.\M    E,  slaughter. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the  Whole, 
the  bill  for  the  relief  of  William  B.  Slaughter,  late  Secretary  of 
the  Territory  of  Wisconsin. 

Mr.  DOUGLAS. — I  think  that  when  this  bill  wasnp  the  other 
day,  there  was  a  slight  misapprehension  on  the  part  of  some  Sena- 
tors, in  regard  to  the  true  state  of  the  fncts.  I  will  detain  the  Se- 
nate for  a  moment  in  an  exposition  of  what  I  understand  to  be  the 
law  and  the  facts  in  the  case.  By  the  act  of  1792,  it  is  provided 
that  the  ofllcial  duties  of  the  Secretary  of  any  Territory  shall  be 
controlled  b}^  such  laws  as  are  in  force  in  each  territory.  I  under- 
stand this  to  be  the  law  now  in  force,  and  applicable  to  the  official 
duties  of  the  Secretary,  or  which  was  in  force  at  the  time  of  this 
transaction.  Mr.  Slaughter  was  Secretary  of  the  Territorv  of 
Wisconsfn,  and  as  Secretary  was  required  by  law  to  be  the  disbur- 
sing officer,  for  the  payment  of  moneys,  for  the  necessarj'  and  inci- 
dental expenses  of  the  Legislature  of  the  Territory.  The  Secre- 
tary of  the  Treasury  furnished  him  with  a  draft  for  $10,000.  to  pay 
these  expenses.  I  have  reason  to  suppose,  in  fact,  I  think  the  evi- 
dence will  be  satisfactory,  to  the  Senate,  to  show  that  the  draft 
was  deposited  with  Samuel  B.  Knapp,  the  Cashier  of  the  Minetal 
Point  Bank,  under  the  aulhorily  and  by  the  direction  of  the  Letris- 
lature  of  the  Territory.  Search  has  been  made  for  copies  of  the 
documents  by  which  the  deposit  was  authorized  and  directed,  and 
iliey  cannot  be  found  at  the  present  time.  But  I  ain  confident  that 
such  is  the  fact,  and  I  think  that  the  statement  of  the  Comptroller 
of  the  Treasury  is  conclusive  on  the  point.  After  stating  the  lact 
to  which  I  have  referred,  the  Comptroller  goes  on  to  say,  that  the 
claim  arises  from  his  having  deposited  under  the  direction  and  by 
virtue  of  a  resolution  of  the  Legislature  of  the  Territory,  the  mo- 
ney, &c.  [Mr.  Douglas  continued  to  read  from  the  letter  of  the 
Comptroller,  in  corroboration  of  this  point.]  It  will  appear,  ihere- 
fore,  by  this  statement,  that  Mr.  Slaughter,  being  Secretary  of  the 
Territory  of  Wisconsin,  received  this  draft  from  the  Secretary  of 
the  Treasury,  for  the  purpose  of  being  applied  to  the  payment  of 
the  expenses  of  the  Territory  ;  that  he  was  required  to  be  govern- 
ed by  the  instructions  and  laws  of  the  Legislature  of  the  Territory  ; 
that  the  Legislature  of  the  Territory  instructed  and  direo'ed  him 
to  make  this  deposite  with  Mr.  Samuel  B.  Knapp,  the  Cashier  ■ 
that  he  made  the  deposite  in  obedience  to  the  directions  of  the  Le- 
gislature, which  he  was  bound  to  obey.  And  we  have  also  a  reso- 
lution here  which  was  read  the  other  day,  passed  by  the  Legisla- 
ture, specifically  approving  of  the  act,  and  saying  that  he  ouo^ht  to 
be  remunerated  for  the  loss.  If  there  can  be  any  doubt  upon  this 
point,  I  can  have  read  several  letters  showing'  the  facts  as  they 
occurred,  I  have  one  from  Mr.  Dodge,  Governor  of  the  Territory, 
in  which  he  states,  that  he  informed  the  Secretary  of  the  Treasury 
of  the  deposite.  The  deposite  was  made  in  a  specie  paying  bank,  a 
bank  which  was  considered  by  everyone  to  be  perfectly  safe.  "Mv. 
Slaughter  made  this  deposite  as  he  was  required  to  do .  The  fact  of 
the  deposite  having  been  made  was  reported  to  the  Secretary  of  the 
Treasui-y  here,  who  sanction  the  act  by  allowing  the  deposite  to 
remain  without  being  withdrawn,  and  Mr.  Slaughter  went  out  of 
office,  leaviuCT  the  money  where  it  had  been  deposited  under  the 
instructions  ol  the  legislature,  and  with  the  knowledffe,  and,  there- 
fore, it  is  to  be  presumed,  witli  the  consent  of  the  Secretary  of  the 
Treasury.  The  bank  afterwards  broke,  and  the  money  was  lost. 
I  think,  under  these  eucumstances,  there  cannot  be  any  hesitation 
in  authorizing  the  accounting  officer  of  the  treasury  to  settle  this 
account  upon  principles  of  justice  and  equity.  I  do  not  deem  it 
necessary  to  occupy  any  more  of  the  time  of  the  Senate  in  relation 
to  a  matter  that  is  so  clear  as  this. 

Mr.  WESTCOTT.— I  did   not   intend  to   say  another   word 


70 


THE  TEN  REGIMENT  BILL. 


[WEDNESDAY; 


against  the  bill ;  but  to  let  it  pass,  as,  on  examination  of  it  I  find 
it''doe5  not  sanction  ttie  claim,  but  only  directs  its  examination  by 
the  treasury  officers,  and  payment,  if  tivy  find  it  to  be  jiist  and 
equitable.  But  the  remarks  of  the  Senatoi'  who  has  just  taken  his 
seat,  makes  it  necessary  to  say  a  few  words.  The  act  of  1792  has 
no  more  to  do  with  this  call  than  a  statu'e  of  Missouri.  It  is  an 
old,  obsolete  act  respectini;  the  territories  then  (in  1792)  existing 
north  and  northwest  of  the  Ohio,  and  has  expired  twenty-tive 
years  a<jo.  [Mr.  W.  here,  at  the  retjuest  of  Mr.  Bf.rrie.v,  refer- 
red to  the  act.]  The  secretary  of  Wisconsin  held  Ins  olficc  under 
the  act  organizing  the  government  of  that  territory,  called  the 
Organic  Law,  passed  in  1836;  and  under  that  law  he  was  expressly 
required  to  account  to  the  Secretary  of  the  Treasury  of  the  United 
States  for  these  funds.  [Mr.  W.  here  read  i)art  of  the  act  ol 
1836.]  Asain,  if  I  understand  correctly,  lie  was  not  ordered  to 
deposite  this  money  with  the  broken  bank,  by  the  legislature,  be- 
fore it  failed;  but  after  the  bank  broke,  the  legislature  passed  reso- 
lutions asking  Congress  to  pay  the  money  lost,  &c.  When  he 
made  this  deposite  also,  if  I  am  correct  as  to  dates,  the  sub-treas- 
ury law  of  1840  was  in  full  force,  forbidding  such  arrangements. 

Mr  BUTLER.— It  was  entirely  competent  certainly  for  the 
committee  to  have  allowed  or  disallowed  the  claim;  but  the  view 
1  take  is  this  :  that  it  is  better  to  refer  the  matter  to  a  sale  and 
proper  tribunal,  than  that  a  committee  should  assume  the  jurisdic- 
tion and  decide  peremptorily  upon  the  case.  I  was  entirely  in 
lavor  of  referring  the  claim  "to  the  offioers  of  the  treasury,  for  I 
have  no  reason  to  suppose,  that  under  such  reference  any  injustice 
will  be  done.  ,  ■  ,   , 

In  reference  to  this  claim,  I  do  not  see  how  the  laws  which  have 
been  referred  to  can  have  any  bearing  upon  ir.  Then  the  only 
question  is,  whether  Mr.  Slaughter  acted  as  a  prudent  man  would 
have  done  ^  whether,  at  the  time,  and  under  all  the  eireumstances, 
it  was  not  to  be  regarded  as  a  safe  deposite  ?  He  acted  as  the 
legislature  directed  him.  audit  would  be  wrong,  sir,  to  compel 
him  to  pay  the  money. 

Mr.  DOUGLAS.— One  word  in  reply  to  the  Senator  from 
Florida.  I  am  still  under  the  impression,  that  the  act  of  1792. 
was  intended  to  apply  to  the  secretary  of  the  territory.  I  was 
aware  of  the  existence  of  the  act  of  Congress  to  which  the  gentle- 
man alluded.  That  act  merely  makes  the  secretary  of  the  territo- 
i-y  responsible  to  the  Secretary  of  the  Treasury,  so  far  as  regards 
tlie  settlement  of  accounts,  and  that  such  settlement  was  to  be 
made  at  the  Treasury  Department.  It  is  true,  that  act  also  says, 
that  the  money  shall  be  expended  by  the  secretary  of  the  territory, 
but  was  the  secretary  to  expend  this  money  according  to  his  own 
discretion  without  authority  of  law,  or  was  he  to  expend  it  accord- 
ing to  law  ?  My  understanding  is,  that  he  was  to  expend  it  ac- 
cording to  the  law  of  the  land.  What  was  that  law  >  Why,  it 
was  tho  law  that  was  in  force  in  the  territory  at  the  time  the  de- 
posite was  made.  Such,  sir,  I  have  always  understood  to  be  the 
practice,  not  only  in  Wisconsin,  but  iitlowa,  in  the  neighborhood 
of  which  I  have  lived  for  many  years.  I  think,  that  the  facts 
which  I  have  already  stated  to  the  Senate,  abundantly  show  that 
this  officer  acted  in  good  faith  as  a  prudent  man  should  act.  I 
think  they  show  that  lie  acted  with  great  prudence  and  great 
caution — that  there  was  no  fault,  no  neglect  on  his  part,  and  that 
it  was  in  consequence  of  neglect  elsewhere,  that  the  money  was 
lost.  I  think,  therefore,  as  a  matter  of  justice,  if  we  were  voting 
now,  we  ought  to  vote  him  the  money.  But  the  committee  does 
not  propose  to  approj>riate  the  money,  they  only  propose  to  say, 
to  the  accounting  officers  of  the  treasury — those  officers  who  have 
been  accustomed  to  settle  the  accounts  of  the  treasury,  from  the 
commencement  of  the  government — you  are  authorized  to  make 
this  settlement  upon  principles  of  equity  and  justice.  Sir,  is  it  to 
be  supposed  that  the  officers  of  the  Treasury  Department  would 
concurrently  have  tendered  their  request  to  Consrress  to  do  justice 
to  this  man,  unless  injustice  had  been  done  him  ?  I  think,  sir,  we 
ought  III  give  them  an  opportunity  to  do  him  justice. 

Mr.  CASS.— I  move  that  that  bill  be  laid  upon  the  table  for  the 
present. 

Mr.  DOUGLAS.— I  presume  there  will  be  no  more  discussion 
upon  it. 

Mr.  CASS.— Then  I  will  withdraw  the  motion. 

Mr.  BADGF.R  and  Mr.  CAMERON  rising  simultaneously, 

Mr.  BADGER  said  :  I  think  it  due  to  tlils  cisf  to  lunkc  a  single 
observation — 

Mr    CASS —Will  the  Senator  excuse  me  ? 
Mr.  BADGER— Certainly. 

Mr  CASS.— The  Senator  from  Pennsylvaiha  intends  to  discuss 
the  bill.     I,  therefore,  move  that  it  belaid  upon  the  table. 

The  motion  was  agreed  to. 

TEN    REGIMENT   BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  tho  consid- 
eration of  the  hill  to  raise,  for  a  limited  time,  an  additional  milita- 
ry force. 


Mr.  CRITTENDEN  moved  to  amend  the  bill  by  striking  out 
all  after  the  enacting  clause,  and  inserting  the  following  : 

"That  the  Presifleiit  Ik*,  and  he  is  hereby,  authorized,  sliouhl  the  exigencies  of  tlie 
war  require  a  turther  iiirrH;i.se  of  force,  to  call  for.  and  accept  the  services  of  additional 
\oliiiilcer>.  not  exceedin;,' tliirly  thousand,  who  may  offer  their  ser\'ices  either  as  cav 
alrv,  infantry,  or  riflemen,  to  serve  liiree  years  alter  they  shall  have  arrived  at  the 
jilace  of  rendezvous,  unless  sooner  discharged  ;  to  be  raised  and  or^anizeil  jo  the  same 
manner  as  are  provided  for  lolunteers  under  existing  laws,  auS  to  ha\e  the  same  pav, 
lalions  and  allowances,  including  land  or  scrip,  according  to  grades  :  and  to  he  sub- 
jecl  10  the  same  regulations  and  to  the  rules  and  articles  of  war." 

yKc.  2.  .i?nl  br  il  fnrlhrr  enacted.  That  where  comjianies  of  volunteers,  which 
are  now.  or  may  hereatter  be  in  service,  shall  become  reduced  in  rank  and  tile,  the 
President  he,  and  he  is  hereby  authorized  to  discharge  a  part  of  the  commissioned  offi 
cers.  leaving  not  more  than  three  for  si.xty  rank  and  file  in  the  company,  and  not  more 
than  two  for  forty  rank  and  file;  and  where  the  company  shall  lie  reduced  below 
twenty  rank  and  tile,  he  may  discharge  the  whole  company,  officers  and  men,  and 
receive  a  new  company  of  not  less  than  eighty  rank  and  file,  in  lieu  of  said  discharged 
^company  i  Provided,  nothing  herein  contained  shall  require  Jie  President  to  reduce 
the  otKcers,  or  to  discharge  a  company,  if,  in  his  opinion,  the  reduced  companies  can 
be  again  filled  up  by  recruits. 

Seo.  3.  .Ind  be  it  furtlter  enacted.  That  where  regiments  of  volunteers,  which  are 
now,  or  may  hcreaOer  be  in   service,  shall  become  reduced,  the  President  be.  and  he  is 
hereby  authorized  to  receive  additional  companies  of  volunteers  for  such  regiments 
Prnridfd.  the  additional  companies,  so  received  for  any  regiment,  shall  not  iucrea.ie  its 
11  umencal  strength  beyond  one  thousand  rank  and  tile. 

Pec.  4.  .dnd  be  it  further  enacted.  That  the  provision  in  the  2d  section  of  the  act 
entitled  "An  act  to  encourage  enlistments  in  the  regular  army,"  approved  January 
twelfth,  eighteen  hundred  and  forty-seven,  be,  and  the  same  is  tiereby  extended  to  in- 
clude the  recruits  who  may  hereafter  enlist  for  the  tiist  and  second  regimenis  of  dragoons, 
and  the  regiment  of  mounted  riflemen,  and  the  non-commissioned  ofticer^,  musicians, 
and  privates  o'"  volunteers,  who  may  engage  to  serve  during  tiie  war  wilh  Mexico,  or 
for  the  term  of  three  year*,  as  provided  bv  this  act. 

Sec.  .').  .ind  be  it  further  enacted.  That  the  volunteers  raised  under  this  act,  and 
whose  term  of  service  may  not  sooner  expire,  shall  be  discharged  within  six  mouths 
after  the  ralilicatioo  of  a  treaty  of  peace  with  Mexico. 

Mr.  CRITTENDEN  said  :  I  do  not  propose,  on  this  occasion, 
to  say  more  than  will  be  barely  necessary  to  explain  the  amend- 
ment which  I  have  had  the  honor  of  offering  to  the  bill  now  before 
you.  The  bill  which  ia  now  under  consideration  for  raising  ten  ad- 
ditional regiments,  and  the  bill  lying  upon  the  table  to  succeed  it, 
authorizing  the  President  to  accept  the  services  of  20,000  volmi- 
teers,  have  severally  been  reported  from  the  Committee  on  Military 
Affairs  in  accordance  with  the  recommendation  of  the  Secretary 
of  War,  and  are  supposed  to  be  necessary  to  meet  the  require- 
ments and  exigencies  of  the  present  war  with  Mexico.  The  bill 
now  before  you,  sir,  pro])ose  to  raise  10,000  men,  or  ten  addition- 
al regiments;  and  what  I  proposes  is,  to  give  to  the  government 
the  necessary  numerical  force,  only  changing  the  form  of  its  or- 
ganization from  a  regular  to  a  volunteer  force.  And,  I  desire  to 
[issign,  very  briefly,  the  reasons  which  have  induced  me  to  adopt 
this  course. 

The  bill  before  you  raising  the  ten  regiments,  places  upon  Con- 
gress the  responsibility  of  declaring,  that  under  the  present  existing 
circumstances,  it  is  proper  and  iiecessasy  that  this  force  should 
be  raised.  Is  there  any  such  present  necessity  perceived  by  the 
Senate  of  the  United  States  ?  1  think  not,  sir.  We  have  from  the 
Secretary  of  War  a  discussion  of  various  plans  upon  which  it  has 
been  suggested  that  this  war  ought  to  be  prosecuted.  The  Sec- 
retary, in  discussing  them,  recommends  the  plan  which  he  prefers, 
viz.,  to  hold  all  those  portions  of  Mexico  which  are  now  in  om' pos- 
session; and  in  addition  to  the  force  which  would  be  necessary  to 
accomplish  such  a  purpose,  to  have  an  active  force  raised,  not 
with  a  view  of  marching  over  and  conquerijig  the  whole  country, 
but  with  a  view  of  being  prepared  to  make  occasional  conquests, 
should  circumstances  require  if.  This  is  his  plan.  Now  is  an  ad- 
ilitional  force  necessary,  I  would  ask,  to  accomplish  the  designs  of 
the  Secretary,  taken  even  in  their  utmost  latitude  <  This,  sir, 
would  be  a  question  of  a  very  indefinite  character  indeed,  if  by  our 
experience  it  had  not,  in  some  degree,  become  a  practical  one.  And 
what  is  our  experience  >  What  has  been  our  experience  in  this 
war  ?  and  what  have  been  the  results  of  the  war  ? 

General  Scott  landed  at  Vera  Cruz  with  a  force  of  about  twelve 
or  thirteen  thousand  men,  a  considerable  number  of  whom  wera 
volunteers.  With  this  force  he  succeeded  in  taking  the  strong  cas- 
tle of  San  Juan  de  Ulloa  and  the  city  of  Vera  Cruz.  Pressing 
forward  with  his  victorious  army,  from  Vera  Cruz  he  entered  the 
Capital,  breaking  in  pieces  and  scattering  to  the  \i-inds  with  a  force 
ol  less  than  10.000  men,  the  armies  of  Mexico  in  his  triumphant 
career.  General  Taylor,  with  a  still  smaller  comparative  force, 
at  the  battle  of  Buena  Vista  completely  broke  the  power  of  Mex- 
ico, and  so  in  every  action  would,  no  matter,  sir,  how  dispropor- 
tionate in  number,  the  American  troops  have  been  victorious. — 
And,  sir,  with  what  a  small  amount  of  force  these  achievements 
have  been  accomplished  ! 

General  Scott,  as  I  have  already  stated,  fought  all  those  distin- 
guished battles  before  the  city  of  Mexico,  and  took  the  capital  of 
the  country  with  less  than  10,000  men  ;  and  General  Taylor  with 
not  more  tlian  6  or  7,000  men,  the  most  of  whom  were  volunteers, 
gained  several  distinguished  victories.  Indeed,  General  Taylor, 
with  less  than  4,000  men,  heat  Santa  Anna  with  an  army  20,000 
stroni!,  and  that ,  too.  not  by  a  sudden  surprise,  not  by  a  sudden 
burst  of  valor,  not  in  a  moment  of  enthusiasm  on  one  side  and  panic 
on  the  other,  but  in  a  hard  fought  battle,  continued  from  the  rising 
to  the  setting  of  the  sun,  occupying,  in  fact,  the  whole  of  nearly 
two  days.  Thus,  we  see  that  not  only  are  the  sword  and  shield  of 
Mexico  broken  and  cast  into  the  dust,  but  her  government  is  dis- 
persed and  almost  annihilated  by  our  conquering  army.  She  has 
no  army,  and  scarcely  can  she  be  said  to  have  a  government  ;  it 
consists  of  nothing  more  than  disorganized  factions.  And  if  Mex- 
ico now  lies  prostrate  before  you,  without  an  army  or  government 
— with  here  and  there  only  a  body  of  guerrillas,  instead  of  an  ar- 
my to  oppose  you,  what  in  the  name  ot  Heaven,  if  this^is  all  that 
is  left  to  her,  do  you  want  with   10,000  more    troops  '     Sir,  «ince 


January  5. J 


THE  TEN  REGIMENT  BILL, 


71 


these  coniiuests  have  been  achieved,  what  has  been  done  ?  Our 
army  now  reposing  on  the  Rio  Grande  consists  of  three  or  four 
thousand  regulars.  Nay,  I  will  give  the  exact  number,  it  consists 
of  3,937  regulars.  At  the  battle  of  Buena  Vista  you  had  but  200 
or  300  regulars,  all  the  rest  were  volunteers.  In  place  of  that 
army  less  than  .iOOO  strong,  which  constituted  the  force  in  that 
portion  of  the  country  upon  that  field  of  battle,  you  havs  now.  sir, 
a  force  amounting  in  the_whole  to  upwards  of  10,000  men.  Do 
vou  want  any  more  there  ? 

I  have  already  stated  the  force  with  which  General  Scott  ob- 
tained pos.session  of  the  Capital.  How  is  it  with  him  now,  sir  ?  He 
h<<s  been  receiving  additional  reinforcements  almost  daily  since 
that  time,  and  there  is  now  at  Tampico  and  Vera  Cruz  together 
a  force  amounting  to  32,156  men — 17,101  of  whom  are  regulars, 
and  the  remainder  15,055,  volunteers.  These  statements  are  ex- 
tracts made  from  the  report  of  the  Adjutant  General. 

General  Sivott's  army  has  been  almost  trebled  in  number  since 
he  gained  those  battles.  His  force  is  larger  liy  15,000  men  than 
when  he  landed  at  Veta  Cruz.  It  is  this  much  stronger  than  at 
the  time  when  he  conquered  the  whole  region  of  the  country  be- 
tween Vera  Cruz  and  the  Capital — and  cannot  he  hold  this  coun- 
try with  the  same  force  with  whicli  ho  conquered  ii  ?  How,  upon 
the  facts  declared  to  us  in  official  public  documents,  can  any  ar- 
gument be  found  to  prove  the  necessity  of  sending  any  further 
troops  there  ?  General  Scott  took  possession  of  the  city  with  6,000 
men,  and  of  that  whole  region  of  coimtry  with  not  more  than  12,- 
000;  and  now.  when  he  has  with  him  32,000  men,  what  more  can 
he  require  ?  Suppose  it  requires  as  many  men  to  hold  a  coimtrv 
as  it  does  to  conquer  it,  has  not  General  Scott  already  doubled  the 
number  of  his  force  since  he  entered  the  Mexican  territory  ?  Make 
what  deduction  you  please  on  account  of  casualties  and  disease — 
make  a  deduction  of  5,000,  and  it  leaves  you  15,000  men  for  active 
service.  Where,  I  ask,  could  15,000  of  such  men  as  ours  be  em- 
ployed? What  fortress  is  there  that  will  not  open  its  gates  at  the 
sight  of  our  banners  I  There  is  not  one  that  will  not.  And  yet 
we  propose  to  add  30,000  men  to  the  force  already  there.  Sir, 
these  facts  lead  ray  mind  irresistibly  to  tho  conclusion  that  for  any 
purpose  of  conquest  even,  it  is  not  necessary  to  have  more  men  in 
Mexico.  If  you  have  done  what  you  have  with  that  number  of 
men — if  they  have  accomplished  such  victories,  surely  you  have  a 
positive  rule  established  by  actual  achievement,  as  to  what  yoiu- 
army  can  do. 

Cannot  double  the  number  of  force  with  which  these  victories 
have  been  gained  conquer  all  Mexico  ?  Why  did  you  lead  your 
armies  from  Vera  Cruz  to  the  Capital  ?  Because  there  you  ex- 
pected to  find  the  more  vital  part  of  the  republic.  Well,  you  have 
done  all  this,  and  still  the  cry  is  for  more  troops.  You  have  had 
your  forces  doubled,  and  you  want  to  double  them  again.  If  vou 
press  this  bill,  sir.  what  will  ihen  be  the  strength  of  your  armies 
m  Mexico  ?  What  number  of  men  have  you  there  now  ?  I  have 
shown  you  that  under  General  Scott  there  are  upwards  of  32,000, 
and  under  General  Wool  upwards  of  10,000  more,  making  an  ag- 
gregate of  43,000  American  soldiers  now  within  the  limits  of 
Mexico. 

I  reckon  onlv  those  who  are  in  tho  heart  of  Mexico,  leaving  out 
those  who  are  stationed  in  California  and  at  other  distant  posts. — ■ 
There  are  southward  and  westward  of  the  Rio  Grande  from  42 
to  43,000  American  soldiers,  and  during  this  whole  time  the  re- 
cruiting service  is  going  on  rapidlv.  Scarcely  a  week  passes  by 
in  which  reinforcements  of  troops  are  not  being  landed  in  Mexico. 
Now,  there  are  43,000  troops,  as  I  have  said,  independently  of 
what  these  bills  propi'se;  and  the  laws  of  the  country  now  author- 
ize the  enlistnit-nt  of  some  8  or  9,000  more  to  till  up  the  ranks  of 
your  armies.  There  is  also  still  a  deticieney  of  upwards  of  6,000 
men  in  your  volunteer  service,  which  may  at  any  time  be  supplieu. 
This,  then,  is  your  state  of  preparation  in  Mexico  !  So  far  as  the 
authority  of  law  extends,  these  troops  are  at  your  command.  Be- 
sides these,  there  is  an  addition  yet  to  be  made,  by  which  your  ar- 
ray will  be  still  further  increased.  The  regiment  called  for  from 
the  State  of  Michigan,  has  not  yet  appeared  in  the  field  ;  two 
other  battalions,  also,  one  from  Alabama  and  the  other  from  Mis- 
sissippi, from  some  cause  or  other  have  not  yet  been  mustered  into 
the  public  service,  and  are  not  included  in  the  calculation.  These 
regiments,  added  to  those  which  you  have  the  legal  authority  to 
send,  will  make  our  force  there  about  60,000  strong.  Add  these 
ten  regiments,  and  you  will  then  have  70,000  American  soldiers 
beyond  the  Rio  Grande,  exclusive  of  those  distributed  throughout 
the  United  States  at  various  posts,  and  in  California  and  New 
Mexico.  Add,  again,  to  this  estimate,  the  number  that  is  proposed 
to  be  raised  by  the  other  bdl  which  has  been  reported  to  us,  and 
you  wUl  have  an  army  of  from  90,000  to  100,000  men.  Sir,  can  all 
these  troops  be  necessary  ?  Does  not  this  estimate  startle  the  ears 
of  Senators  >  I  confess,  for  one,  that  I  have  been  greatly  startled, 
while  reading  the  reports  from  which  I  have  gathered  these  state- 
ments, at  the  vast  army  which  vi'e  are  now  maintaining.  And, 
another  more  startling  consideration  which  ought  not  to  be  forgot- 
ten or  omitted,  is  the  enormous  cost  of  every  regiment.  I  am  told 
by  those  who  have  entered  into  calculations  on  the  subject, 
that  the  average  cost  of  officers  and  men  is  nearly  1,000  dollars 
per  man.  This  subject  becomes,  then,  a  matter  of  some  conse- 
quence to  us.  Suppose  our  object  be  to  conquer  Mexico,  and  to 
incur  no  unnecessary  expense,  these  ten  regiments  will  add  to  our 
expenses  nearly  10,000,000  dollars;  no  small  item  in  the  aggre- 
gate expenditures  of  such  a  contest.  I  think,  therefore,  for  "these 
reasons,  that  it  is  highly  necessary  for  us  to  determine  whether  all 
these  troops  are  to  be  raised,  and  all  this  cost  incmred. 


I  aiii  perfectly  willing  to  meet  every  possible  contingency  of  ca- 
sualty or  disease,  but  I  confess  I  cannot  foresee,  at  present,  any 
contingency  which  will  justifv  this  increase.  I  am  willing  to  au- 
thorize the  President  to  call  out  whatever  force  he  may  require, 
under  such  contingency  as  may  hereafter  occur  ;  but  I  would  not 
authorize  that  force  to  be  raised  now.  I  am  willing  to  lodge  in 
the  hands  of  the  Executive  the  power,  if  an  emergency  demand  it 
to  call  out  30,000  additional  men  for  the  war  ;  and  1  would  have 
such  force,  consist  of  volunteers. 

Now,  are  not  volunteers  as  good,  have  they  not  proved  them- 
selves as  efficient  as  regulars  ?  Is  not  Buena  Vista  a  brin^hl  and 
burning  evidence  of  their  efficiency  in  the  held  ?  They  may  be 
called  out  for  the  same  period  of  service,  and  are  entitled  to  a  dis- 
charge under  the  same  circumstances,  and  the  difference  in  cost  l» 
great.  I  would  substitute  them,  therefore,  for  these  ten  regiments 
of  regulars  ;  and,  I  would  accordingly  give  power  to  the  Presi- 
dent to  call  out  tho  30,000  additional  troops,  in  case  circumstances 
require  the  adoption  of  such  a  course.  In  my  view,  there  is  no  ne- 
cessity for  anything  else  than  this  to  be  done. 

Gentlemen  have  appealed  to  the  authority  of  information  obtain- 
ed from  officers  of  the  army.  Why  are  they  here,  sir  ?  Why  are 
they  here  reposing  in  Washington  and  all  parts  of  the  country,  if  it 
is  not  that  they  are  satified  that  the  war  has  closed,  that  no  more 
battles  are  to  be  fought,  no  more  laurels  to  be  won  ?  They  have 
given  us  ample  evidence  by  the  bravery  which  they  have  tereto- 
lore  displayed,  that  they  would  not  leave  the  field  of  their  victories 
if  they  were  not  fully  convinced  that  nothing  more  remained  to  be 
done.  There  is  not  one  who  does  not  believe  that  that  the  war  is 
at  an  end.  There  may  be  a  few  skirmishes  here  and  there  with 
parties  of  guerillas,  but  so  far  as  armies  are  concerned  that  will 
stand  before  American  forces,  they  are  never  to  be  seen  again  in 
Mexico.  This  is  the  opinion  of  every  officer  I  h.ave  spoken  with,  and 
it  is  also  my  opinion.  From  all  the  facts  to  be  gathered  from  official 
reports,  wc  can  come  but  to  one  inevitable  conclusion,  viz  :  that 
their  armies  arc  broken  to  pieces  ;  that  the  country  is  given  over 
to  the  control  of  factions  ;  and  that  they  can  no  longer  make  head 
against  us.  You  have  now  an  array  there  of  43,000  men.  They 
are  capable  of  going  where  they  please,  and  staying  where  they 
please,  in  all  the  wide  domains  of  Mexico.  I  therefore,  can  see  no 
neeessity  for  a  further  increase  of  force  at  present,  even  if  it  were 
the  conquest  of  the  whold  country  that  was  contemplated  ;  but 
when  it  is  to  limited  assaults  only  to  which  it  is  proposed  to  con- 
fine this  war,  there  appears  still  less  necessity  for  such  increased 
provision.  It  is  with  these  views,  and  with  no  feeling  of  captious- 
ncss,  from  no  spirit  of  opposition,  and  no  disposition  to  scan  the 
merits  or  conduct  of  this  war,  but  simply  laking  it  as  it  is,  that  I 
have  been  induced  to  offer  the  amendment  which  I  have  presented  ; 
whilst  I  question  the  propriety  of  any  additional  force  being  now 
added  to  our  already  large  and  increasing  army  in  Blexico. 

Mr.  CASS  then  rose  and  remarked,  that  he  wished  to  correet 
one  or  two  errors  into  which  the  Senator  from  Kentucky  had  fallen  ; 
and  having  shown  from  the  returns  of  the  Adjutant  General  that 
the  number  of  men  under  General  Wool  was  only  6,700,  and  not 
10,000,  as  had  been  stated  by  the  Senator,  he  was  interrupted  by 

Mr.  CRITTENDEN,  who  observed  that  he  had  fallen  into  an 
inaccuracy  in  summing  up  the  forces  under  General  Wool,  on  ac- 
count of  which  he  readily  admitted  a  reduction  of  upwards  of  three 
thousand  men,  was  to  be  made  from  the  aggregate  number,  which 
he  had  stated. 

Mr.  CASS  proceeded.  The  Senator  had  taken  one  position  and 
eloquently  supported  It,  on  which  he  begged  to  differ  with  1iim. 
The  Senator  seemed  to  think  thai  an  additional  force  was  entirely 
unnecessary,  after  ihe  country  had  been  conquered.  But  all  expe- 
rience showed  they  might  gain  a  battle  and  get  possession  of  a 
country  without  being  able  to  retain  it.  Portugal  and  Spain  were 
full  of  lessons  upon  this  subject.  To  march  to  the  capital  of  a  coun- 
try was  one  thing,  and  then  lo  diffuse  the  forces  over  it,  in  various 
positions,  in  order  to  hold  the  people  in  subjection,  was  another  and 
quite  a  different  thing.  Our  armies  in  Mexico  had  gained  a  series 
of  victories  as  brilliant  in  themselves  as  honorable  to  the  national 
character.  But  ibey  were  now  to  break  up  as  a  mass,  to  spread 
themselves  into  various  detachments,  else  it  would  be  impossible  to 
hold  the  Mexican  people  in  obedience. 

They  would  now  be  exposed  to  popular  tumults,  and  liable  to 
be  cut  down  by  detachments,  and  still  the  more,  the  further  they 
would  be  compelled  to  march.  Besides,  it  was  important  that  the 
Mexican  people  should  be  convinced  by  the  exhibition  of  our  over- 
whelming force,  that  resistance  was  out  of  the  question.  What 
wc  wanted  was  to  produce  a  moral  effect  upon  the  people  ol  Mex- 
ico— to  satisfy  them  of  our  strength,  and  their  weakness,  and  to 
avoid  fighting  battles  by  showing  them,  that  if  lought,  they  would 
certainly  be  gained  bv  us. 

It  was  also  important  to  note  that  the  regiments  now  in  the  field, 
did  not  averace  more  than  eight  hundred  and  fifty  men  to  each, 
which  was  nearly  three  hundred  short  of  the  legal  establishment. 
This  bill  would  not  give  more  than  7,500  men  to  the  army.  The 
calculation  of  the  honorable  Senator  was  based  on  the  legal  estab- 
lishment. Now.  no  legal  establishment  can  be  kept  full.  The  re- 
ports of  the  Adjutant  General  show,  that  there  must  be  a  deduc- 
tion of  more  than  one  quarter,  leaving  the  force  on  foot,  less  than 
three  fourths  of  the  legal  establishment.  This  is  the  result  of  ex- 
perience. It  is  not  probable,  therefore,  that  the  number  of  the  re- 
gular army  in  Mexico,  can  be  much,  if  at  all.  increased  but  by 
raising  new  corps,  and  establishing  new  jccruuing  rendezvous. 


72 


THE  TEN  REGIMENT  BILL. 


[Wednesday, 


The  honorable  Senator  in  all  his  calculations  looks  to  the  nnm- 
hers  on  the  Statue  book — not  to  the  numbers  on  the  returns.  The 
continually  recurring  casualties  of  battle,  of  climate  ami  of  all  the 
other  circumstances  which  make  war  hazardous,  are  a  perpetual 
drain,  which  keeps  down  the  force  far  below  the  strenath  author- 
rized  by  law. 

With  respect  to  the  cost,  the  Senator  or  himself  must  be  under 
a  misapprehension.  The  cost  of  a  reffiment  of  Infantry  was  abmit 
$279,000  per  annum.  It  was  true  thai  all  the  expenses  mi<rht  be 
charged  upon  the  soldiers — bounty  lands,  Medical  Stall,  and  Quar- 
termaster's Staff.  But  the  actual  cosi  of  each  rejiimcnt  of  Infan- 
try was  the  sum  he  had  stated.  A  re>.'inient  of  Dragoons,  oi 
which  they  had  three,  co.st  something  like  $700,000.  If  he  under- 
stood the  Senator  from  Kentucky  aright,  he  proposed  to  raise  30, 
000  men  at  the  discretion  of  the  President,  to  he  called  out  by  him 
when  he  pleased.  So  far  as  regarded  himself,  he  [Mr.  Cass]  %vas 
perfectly  willins  that  it  should  be  left  to  the  discretion  of  the  Pres- 
ident ;  but  the  demand  of  the  Senator  that  all  the  force  should  he 
composed  of  volunteers,  brought  up  the  old  i|uestioii.  He  [Mr. 
Cass]  had  no  disposition  to  do  injustice  to  the  volunteers.  Far 
from  it.  Neman  had  a  higher  opinion  than  he  of  the  gallantry 
and  eflieiencv  of  volunteers.  But  the  addition  to  the  regular  force 
which  the  bill  proposed  was  entirely  justified  alike  by  experience, 
and  the  exigencies  of  the  present  time. 

Mr.  CRITTENDKN  said  that  the  Senator  from  Michigan  had 
introduced  rather  a  new  principle,  which  made  war  more  alarming 
than  ever.  It  was  this  :  that  it  would  recjuire  a  much  greater  mil- 
itary force  to  be  kept  in  a  subjected  coimlry.  than  had  been  requir- 
ed to  conquer  it.  The  Senator  said  that  there  might  be  a  sudden 
rising  of  the  people,  and  they  must  be  prepared  at  all  times  and 
everywhere,  to  suppress  such  hostilities.  How  many  men  would 
be  required  for  that  purpose  ?  The  gentleman  had  given  them  no 
information  as  to  that.  He  had  prescribed  no  rule,  and  there  was 
no  experience,  military  or  civil,  on  such  a  subject.  Now  he  [Mr. 
Ckittendkn]  thought  that  it  was  pretty  reasonable  to  suppose 
that  those  who  had  gone  into  a  country,  prepared  for  their  recep- 
tion, and  had  taken  all  its  fortre.sses.  and  dispersed  its  armies, 
were  able  to  hold  that  dismantled  country,  and  defy  that  conquer- 
ed people.  Had  the  Senator  attempted  to  show  that  what  was 
done  by  12,000  men  could  not  be  repeated  by  .30,000  ?  It  was  admit- 
ted that  Scott  had  about  .30,000  men — double  the  force  which  he 
had  when  he  conquered  and  took  the  city  of  Mexico.  Was  there 
any  pressing  emergency  now  ?  What  did  the  gentleman  want? 
He  was  one  of  great  intelligence  and  great  weight  in  that  body — 
acquainted,  as  might  he  .supposed,  with  the  peculiar  views  of  "the 
Secretary  of  War  ;  and  what  icason,  it  might  then  with  propriety 
be  asked,  did  he  assign  for  this  immediate  increase  of  the  foixes 
in  Mexico  ?  What  did  he  propose  to  do  with  them  '.  Was  there 
anything  to  be  done  for  which  the  present  force  was  not  perfectly 
competent  ?  Did  they  want  to  take  Queretaro,  the  present  seat 
of  government  ?  Did  they  want  to  go  to  San  Luis  Potosi?  — to 
Zacatecas?  Well,  was  there  anywhere  to  which  the  forces  now 
in  Mexico  could  not  go?  He  contended  that  they  had  proof  in 
what  had  been  already  accomplished,  that  the  forces  now  in  Mexi- 
co were  adeqnate  to  any  emergency . 

But  the  Senator  from  Michigan  seemed  to  think  that  they  ought 
not  to  be  content  till  ihey  had'foree  enough  to  act  by  intimidation 
and  terror.  Weil,  how  many  men  did  that  require  ?  He  believed 
that  neither  the  great  Frederick  nor  any  other  warrior  of  an- 
cient times,  had  drawn  any  rule  as  to  tbo  amount  of  fore^  by  which 
a  people  could  be  territieil  into  sul.niissi..n.  Tliey  had  beaten  the 
-Mexicans,  when  they  were  not  terrified— they  had  conquered  them 
ill  field  after  field — they  had  broken  them  into  pieces  like  a  pot- 
sherd— they  had  douiiled  their  forces  since  that  dav,  and  vet  they 
were  told  that  they  were  not  in  safety  unless  they  had  more  troops 
—more  forces'  It  was  not  a  military  cfTeet  that  the  sentleman 
wished  to  accomplish,  for  he  could  not  piint  out  any  military  ope- 
ration which  could  not  he  ellected  "by  the  army  now  in  Mexico. 
But  the  Senator  wanted  an  army  large  enough  to  produce  a  great 
moral  efl'eet.  A  religions  clTcct  could  hardly  bo  expected,  it^was 
to  be  supposed,  in  a  Catholic  country  like  Mexico,  by  such  means. 
It  was  a  moral  ellect  then  that  was  intended,  and  to  produce  it, 
they  were  called  upon  to  make  this  addition  lolhe  army.  He  (Mr 
Crittf.ndkn,)  lould  not  consenlto  raise  armies  for  such  a  pur- 
pose. He  was  willing  to  raise  armies  to  iighl  battles,  but  not  to 
produce  a  "  moral  eflect."  For  all  military  purposes,  they  had 
ample  forces  now  in  Mexico.  Yet,  in  order  to  meet  any  pos.siblc 
contingency,  although  he  did  not  apprehend  any  dan<rer  still  he 
was  willing  to  provide  for  any  pn.^sibililv  of  danger,  and  n-ive  to 
the  President  the  power  of  ..ailing  r,„l  30.000  v.diu.teers,  if'in  the 
exercise  ol  his  discrclion.  they  should  be  deemed  nccc'.sarv 

I  ho  Senator  from  Michigan  seemed  to  think,  though  he  was  not 
very  distinct  on  the  sub.iect ,  (hat  these  regulars  were  much  better 
than  so  manv  troops  enlisted  lor  the  same  time,  and  called  volun- 
leers.      \V  hv  ?     Jinth  were  subject  to  the  same  laws— i 


ibc  same  term  of  service — to  some 


engaged  for 
_  .     ■   ,         ,,,.        ,  -''lent  consist,  perhaps,  of  thr 

same  ma  erials.  Why  then  were  tlicv  to  be  regarded  as  better 
when  called  regulars,  than  wli,-n  stvled  volunteer-  Was  there 
anylhmg  in  the  name  ?— not  at  all.  The  volunteers  would  bo  iust 
as  elleclive,  as  il  they  were  called  regulars.  Their  obliTa 
tions  to  their  country  would  be-  as  strong  and  as  sensibly  feU-i 
there  can  bo  no  dillerence.  as  u,  their  capacity  to  render  service 
or  in  their  preparation.  II  the  President  were  of  opinion  to-mor' 
row  that  there  was  an  exigenev  which  demanded  ii,  he  w.mld  be 
authorized  to  call  30,000  men,  and  no  expenses  would  be  incurred 


until  they  were  mustered  into  the  public  service.  But  pass  this 
hill  for  ten  thousand  regulars  and  th^re  would  be  at  once  from  five 
to  six  hundred  officers  under  pay,  and  each  of  the  men  under  pay, 
as  fast  as  enlisted.     Not  so  with  volunteers. 

Again,  which  description  of  force  was  most  easily  raised  ?  The 
volunteers  of  course.  There  was  something  in  the  name  of  volun- 
teer that  appealed  to  the  hearts  of  their  free  born  countrymen, 
with  a  force  much  greater,  than  that  which  belonged  to  any  argu- 
ment or  appeal  employed  bv  the  officer  recruiting  for  the  regular 
army.  If  expedition  was  the  object,  the  volunteer  was  undoubt- 
edly the  force  which  should  be  raised.  The  call  on  Kentucky  for 
two  regiments  of  volunteers  was  received  there  about  the  first  of 
October,  and  the  Governor,  to  give  opportunity  to  those  living  in 
distant  parts  of  the  State  to  participate  in  the  honor  of  serving  the 
I'ountry,  gave  as  long  a  period  as  possible  for  the  rendezvous — 
about  twenty  days — and  by  the  first  of  November,  two  full  regi- 
ments embarked  at  Louisville  for  the  seat  of  war  How  long 
would  it  take,  he  asked,  to  enlist  two  regiments  in  Kentucky  ? 
Every  other  gentleman  could  easily  turn  to  his  own  State  and  an- 
swer that  question  for  himself.  He  did  not  believe  that  two  regi- 
ments of  regulars  could  be  raised  in  two  years  in  Kentucky.  Yet 
two  regiments  of  volunteers  were  filled  within  thirty  days,  and  ten 
or  a  dozen  captains  went  away  with  tears  in  their  eyes,  because 
there  could  not  be  assigned  them  places  in  the  army.  Such  men 
went  to  the  wars  with  spirit,  courage  and  ambition.  They  had 
homes  to  which  to  return,  and  trusted  to  bring  back  good  names. 
That  was  the  feeling  that  sustained  them  and  enabled  them,  with 
but  little  discipline,  to  accomplish  every  thing  in  the  field.  For 
all  the  reasons  which  he  had  urged,  he  therefore  hoped  that  the 
amendment  would  be  adopted  in  preference  to  the  original  bill. 

He  had  already  said  that  he  had  no  captious  spirit  about  this 
thing  at  all  ;  and  he  had  avoided  any  allusion  to  parties.  He  did 
not  wish  to  revive  the  controversy  about  the  war.  The  question 
before  them  did  not  require  it.  Supposing  the  war  to  be  ever  so 
just — their  de.siresof  conquest  ever  so  unhmited— in  his  judgment 
they  had  already  a  force  capable  of  accomplishing  everything.  He 
was  therefore  opposed  to  the  additional  expense,  and  the  exposure 
of  additional  thousands  of  his  countrymen  to  the  dangers  of  that 
climate.  Let  the  President  have  the  power  of  calling  for  thirty 
regiments  of  volunteers,  and  he  can  have  them  immediately,  if  he 
believed  that  they  were  needed. 

Mr.  CASS  said  he  had  but  one  remark  to  make  The  honora- 
ble Senator  from  Kentucky,  with  an  emphasis  not  to  be  mistaken, 
talked  about  the  moral  effect  to  be  produced  by  the  presence  of  the 
army  in  Mexico.  He  (Mr.  Cass)  had  used  the  term  "  moral  ef- 
fect." but  he  did  not  say  an  cfTect  of  morality.  He  did  not  wish 
to  produce  a  moral  cflc'ct,  as  contra-distinguished  from  the  physical 
effect  of  their  military  operations.  There  was  nothing  at  all  in 
the  remark  to  justify  the  little  slur  of  the  Senator,  and  surely  it 
must  have  been  apparent  to  all,  that  it  was  a  great  deal  better  to 
intimidate  than  to  kill  the  Mexicans.  The  Senator  had  asked  him 
how  many  troops  were  needed  to  produce  that  moral  effect,  and 
in  reply,  he  could  only  say,  that  he  intended  to  vote  for  the  bill  be- 
cause It  provided  such  an  augmentation  of  the  military  force  in 
Mexico  as  would  be  likely  to  produce  that  desirable  effect.  The 
Senator  could  hardly  expect  a  statement  of  the  force  necessary  to 
be  given  with  mathematical  precision.     • 

Mr.  CRITTENDEN  only  wished  to  know  how  the  Senator 
would  employ  his  additional  force  ? 

Mr.  CASS  said  he  would  answer  the  Senator  with  a  great  deal 
of  pleasure.  They  might  suppose  a  case  in  which  a  nation  might 
sit  dow-n,  every  man,  woman  and  child  to  be  killed.  But  it  never 
has  been  so  and  never  will  lie  so  in  Mexico.  The  national  obsti- 
nacy will  stop  at  a  point  far  short  of  this.  He  believed  that  they 
«mu.st  occupy  the  posts  which  they  had  taken,  and  extend  their  lines 
of  communication  as  far  as  necessary — the  great  roads  to  the  east 
and  to  the  west.  There  were  other  great  positions  also  to  be  oc- 
cupied. No  man  could  point  them  out  who  was  not  well  acquaint- 
ed with  the  topography  of  their  country.  There  were  some  posi- 
tions that  appeared  very  advantageous;  among  these  would  appear 
to  be  Queretaro,  which  stood  at  the  junction  of"  the  joint  line  of 
eommnnication  between  Northern  and  Western  Mexico,  and  it 
would  probably  be  difficult  to  open  the  communication  between  that 
region  and  fountrv  now  held  by  us.  As  he  remarked  yesterday,  the 
rich  mineral  region  o'i  Zacatecas  and  San  Luis  must  also  be  taken 
and  held.  They  must  cither  withdraw  or  extend  their  operations,' 
and  remain  inactive.  The  former  course  was  out  of  the  question, 
and  the  latter  would  leave  an  interminable  war  upon  our  hands.  We 
must  of  necessity  extend  our  operations. — wisely  indeed  as  circum- 
stances might  reqnire,  but  rapidly  as  the  amount  of  force  would 
allow. 

With  respect  to  the  remarks  of  the  Senator  with  reference  to 
the  volunteers  and  regulars,  he  had  only  to  say  that  he  believed 
that  a  mixed  force  was  by  far  the  best.  He  believed  that  the 
regulars  submitted  better  to  wholesome  discipline  and  restraint, 
than  men  who  elected  their  own  olliccrs.  The  honorable  Sen- 
ator himself,  knew  the  fact  from  his  own  experience.  The  en- 
listed soldier  became  a  part  of  the  army,  part  of  a  great  machine, 
and  the  primipal  duty  be  had  to  learn  was  the  duty  of  obedience. 
-Ml  this  was  known  and  felt  bv  every  man  who  became  a  recruit  in 
the  regular  army.  Not  so  with  the  volunteers.  The  honorable 
Senator  hero  did  not  volunteer  with  any  such  state  of  feeling,  nor 
indeed,  could  it  be  so  from  the  composition  of  both  olficers  and 
nieii.  They  were  formed  of  the  very  best  material  our  country 
aflordcd.     They  had  gone  into  battle  and  had  fought,  he  was  about 


January  5.] 


THE  TEN  REGIMENT  Bli^L, 


73 


to  say,  as  men  never  had  fought  before.  They  would  do  stern  du- 
ty to  the  utmost,  so  loni;  as  they  were  kept  in  motion,  and  would 
do  it  with  the  more  alacrity  as  the  danger  was  the  more  pressing. 
But  the  moment  they  stopped,  then  a  spirit  of  dissatisfaction  would 
be^in  to  spread,  increasing  the  more,  the  longer  they  remained 
stationary.  The  duties  of  the  camp  and  the  post,  of  police  and  all 
the  routine  of  stationary  service,  was  irksome  to  them.  And  for 
the  reason,  they  yielded  more  readily  to  I  he  diseases  of  the  climate 
than  the  regular  soldiers.  Every  one  knew,  tljat  the  strict  sub- 
ordination in  wliich  the  regular  soldier  was  held,  contributed  es- 
sentially to  the  health  and  efficiency  of  the  army. 

Mr.  CRITTENDEN  .said  he  did  not  wish  tn  continue  the  dis- 
cussion— much  less  a  cuntroversv  on  the  subject.  He  confessed 
that  he  did  not  yet  understand  exactly  what  the  Senator  meant  by 
the  moral  effect  which  he  intended  to  produce.  Had  the  Senator 
ever  sat  down,  and  according  to  any  rule  of  philosophy,  calculated 
"how  many  men  with  arms  by  their  side,  were  necessary  to  produce 
the  moral  effect  of  which  he  spoke,  or  liow  many  men  with  arms 
in  their  hands,  were  needed  for  the  same  purpose?  Did  he  not  see 
that  if  war  was  to  be  carried  on,  or  military  objects  effected  in 
that  way,  how  completely  they  were  under  the  moral  inllacnce  of 
the  Mexicans?  There  they  were  10  or  15,000  strong,  in  the  heart  of 
Mexico  with  ten  millions  of  people.  Mexico  had,  therefore,  100,000 
to  one,  and,  therefore,  in  order  to  counteract  the  ''moral  effect,"  if 
mere  numbers  produced  it,  it  must  be  necessary  for  the  United  States 
to  send  nine  or  ten  millions  to  Mexico.  It  would  certainly  be  neces- 
sary to  do  that  in  order  to  counteract  the  moral  influence  of  the  pres- 
ent overwhelming  number  of  Mexicans!  No,  it  was  not  mere  num- 
bers that  produced  'moral  effect.'  It  was  the  battles  of  Buena  Vista, 
Cbapultepec,  Contreras,  and  Churubusco.  These  were  the  great 
witnesses  which  produced  etrects — witnesses  of  the  power  of  one 
party,  the  subjugation  and  conquest  of  the  other,  [t  was  the  arms 
of  the  United  States  that  had  produced  tlie  moral  effect.  They 
had  prostrated  Mexico.  She  felt  it  and  knew  it.  She  was  now  no- 
thing but  a  huge,  indigested  mass  of  vanity  and  faction.  Her  ar- 
mies had  been  .scattered — her  authorities  broken  to  pieces,  and  it 
was  to  protect  themselves  in  the  midst  of  such  a  peo|ile  as  that, 
that  30,000  men  were  pronounced  insufficient,  needing  a  reinforce- 
ment of  10,000  regulars  and  20,000  volunteers.  The  law  at  pres- 
ent gave  ihe  privilege  of  recruiting  8,600  men  for  the  regular  ar- 
my. When  these  men  were  raised  where  would  be  the  necessity 
lor  more?  Would  they  recruit  more  than  that  number  in  the  course 
of  the  present  year?  They  did  recruit  a  lew  more  during  the  last 
year — 11,000  men.  But  in  six  months  was  it  likely  that  any  more 
would  be  recruited  by  two  sets  of  recruiting  ollicers  at  the  same 
places? 

Mr.  CASS. — The  Senator  had  asked  if  more  could  be  raised  by 
two  sets  of  recruiting  ollicers  in  the  same  places.  But  it  was  not 
intended  to  send  the  two  sets  to  the  same  places. 

Mr.  DAVIS,  of  Mississippi,  then  said  :  It  is  not  my  purpose  at 
this  time  to  go  into  a  discussion  of  the  ten  regiment  bill,  but  to  ad- 
dress myself  especially  to  the  amendment  of  the  Senator  from  Ken- 
tucky. I  have  been  surprised  at  the  introduction  of  that  amend- 
ment, f  certainly  did  not  expect  it. 

The  gentleman  has  not  anticipated  the  ground  upon  which  I 
would  opjiose  the  substitution  ot  that  amendment  for  the  bill.  He 
seems  to  rest  it  on  the  sujiposition  that  we  ai'e  to  oppose  the  sub- 
stitution of  volunteers  for  regulars,  because  regulars  are  better 
than  volunteers.  I  take  no  such  ground,  and  fortunately  stand  in 
an  altitude  in  which  I  can  have  no  prejudices  fur  one  or  the  other, 
having  served  with  both.  But,  sir^  the  question  lies  deeper  and 
far  beyond  the  mere  availability  of  the  one  over  the  other.  And  I 
would  say  to  the  honorable  Senator  from  Kentucky,  who  has  seen 
service,  tliat  if  he  will  revert  to  the  period  when  be  returned  from 
his  campaign,  and  met  the  a^ed  patriot,  who  wrung  his  hand  and 
enquired  for  bis  son  who  had  died  on  the  field  of  battle — when 
he  met  the  mother  who  with  tears  streaming  down  her  cheeks,  put 
to  him  tlie  same  question,  he  will  at  once  say,  however  necessary 
it  may  be  to  call  forth  the  chivalry  of  the  country  to  fight  its  great 
battles,  let  us  not  send  such  men,  to  be  wasted  in  the  mere  duties 
of  the  sentinel,  by  the  attacks  of  disease  and  an  unfriendly  cliinate, 
whilst  engaged  in  a  service  where  neither  patriotism  is  elicited 
nor  glory  to  be  won.  If  this  country  were  invaded,  I  would  tSrn 
to  the  great  body  of  the  militia — for  1  use  the  terms  "volunteers" 
and  "militia"  as  synonimous — for  its  defence.  But  when  wecarrv 
on  a  foreign  war,  and  especially  when  defensive  operations  merelv 
are  carried  on,  we  have  reached  a  point  where  regulars  are  the 
force  which  should  be  employed  in  the  nice  routine  of  the  service, 
in  which  the  duties  are  not  sutiiciently  important  to  justify  that  dis- 
ruption of  society — that  injury  to  the  coimiiercial  interests  of  the 
country,  which  would  result  from  bringing  out  men  of  that  biffh 
class,  which  tlie  honorable  Senator  from  Kentucky  has  correctly 
said  constitutes  the  great  body  of  the  volunteers.  There  is  a  great 
difference  in  the  material  of  the  volunteers  and  the  regular  lorce. 
There  is  an  enthusiasm  that  speeds  over  every  neighborhood  when 
the  call  for  volunteers  goes  forth.  When  Kentucky  is  called  on  to 
send  her  regiment,  and  every  county  its  company,  an  enthusiasm 
burns  out  every  where,  and  the  State  pours  forth  its  best  material 
• — material  too  good  for  common  use. 

The  gentleman  inquires  why  is  it  that  we  prefer  regulars?  I 
will  answer  :  we  prefer  regulars,  first,  because  they  are  cheaper; 
secondly,  because  they  can  be  maintained  in  better  discipline.  They 
\fill  maintain  a  better  state  of  police.     They  will  be  healthier,  and, 

30th  Cong. — Isx  Session — No.  10. 


therefore,  more  effective  in  proportion  to  their  numbers,  for  mere 
garrison  duties.  As  long  as  you  keep  the  high-bred  gentlemen  for 
the  battle,  they  will  bear  any  privation,  submit  to  every  restraint, 
and  discharge  to  the  utmost  every  duty.  But  do  you  expect  that 
those  men,  who  have  broken  all  the  endearing  ties  of  home  in  or- 
der to  fight  their  country's  battles,  will  sacrifice  themselves  to  the 
mere  duties  of  the  sentinel — will  be  content  with  the  performance 
of  the  police  of  a  garrison?  Will  they  be  suited  better  for  the 
one,  or  as  well  for  the  other,  as  men  of  a  lower  grade  in  society, 
and  more  accustomed  to  such  duties? 

But  the  gentleman  has  made  an  argument  which  I  regard  as 
more  congenial  to  his  feelings.  He  has  alluded  to  the  gallantry  of 
the  army,  and  the  battles  won  by  small  forces,  affording  evidence 
against  the  necessity  of  this  increase  oi'  our  force.  But  it  is  one 
thing  to  beat  the  enemy  and  another  to  hold  him  in  subjection,  and 
the  argument  of  the  honorable  Senator,  which  rests  upon  the  sup- 
position that  Mexico  is  conquered,  I  hold  to  be  by  no  means  indis- 
putable. Is  Mexico  conquered?  Is  any  [part  of  it  conquered? 
Conquest,  as  laid  down  by  some  writers,  is  of  three  kinds.  Ruin 
is  one  of  these  kinds  of  conquest;  but  we  have  not  ruined  Mexico, 
and  God  forbid  we  ever  should!  The  moral  feeling  of  this  country 
would  never  justify  such  a  course.  Another  mode  of  conquest  is  to 
hold  a  country  by  controlling  its  government.  That  is  not  suited 
to  ihe  genius  of  our  country.  We  send  no  pro-consul  abroad — no 
provincial  army  to  direct  the  government  of  the  country.  We  re- 
cognize as  the  great  basis  of  all  institntions,  self-government.  The 
other  mode  of  conquest  is  by  colonizing  a  country.  We  cannot  do 
that.  In  neither  of  these  modes,  then,  have  we  conquered  Mexico. 
We  have  not  even  suppressed  the  hostility  of  the  Mexican  people. 
I  hazard  the  assertion  that  there  is  more  hostility  against  us  in 
Mexico  now,  than  there  was  at  the  beginning  of  the  war.  Mexico 
is  not  conquered. 

But  the  honorable  Senator  asks,  hbw  will  you  employ  this  large 
force?  Not  to  take  cities.  Not  to  fight  battles.  And  I  agree 
with  him  that  our  army  could  nosv  march  through  all  South  Amer- 
ica and  defeat  every  enemy.  But  we  want  this  force  to  bold  towns 
and  posts  in  Mexico — to  convince  the  Mexicans  that  resistance 
is  idle,  and  beyond  all  this,  to  afford  piotection  to  all  the  citizens 
of  Mexico,  who  are  ready  to  recognize  our  authority  and  give  us 
supplies.  These  are  some  of  the  great  objects  to  be  obtained.  To 
effect  them  larse  bodies  of  men  will  be  needed.  We  must  gariison 
our  posts  with  lorces  adequate  to  make  a  sortie,  if  necessary,  and 
not  be  shut  up  when  any  partizan  chief  chooses  to  come  and  sic 
down  before  tiieir  gates. 

Again,  the  army  of  General  Scott,  which  achieved  such  victories 
bclorc  the  city  of  Mexico,  did  it  at  a  heavy  sacrifice  of  blood,  and 
that  resulted  from  the  want  of  force.  The  length  of  tlieir  lines 
was  far  inferior  to  that  of  the  enenrj-'s.  Our  i»allaiit  men  tell  un. 
der  the  converging  fire  of  the  foe,  and  therefore  their  blood  was 
spilled  like  water.  American  courage,  the  skill  of  the  officers,  and 
the  science  of  our  incom(iarable  staff,  achieved  those  victories,  and 
God  forbid  that  they  should  ever  be  tested  again  at  .such  a  fearful 
sacrifice.  But  that  army  in  its  present  slato  is  not  combined, 
whilst  there  are  many  posts  without  a  garrison,  which  we  ought 
to  hold. 

Then,  again,  the  resources  of  Mexico  must  contribute  to  the 
support  of  that  army.  We  cannot  attiird  to  keep  down  anarchy  in 
Mexico  at  the  expense  of  our  treasury.  We  must  not  depend  on 
the  petty  amount  of  property  that  liiight  he  wrung  from  the  poor 
rancheros.  Such  a  thing  has  never  been  contemplated  by  our  "ov- 
ernment,  nor  practised  by  our  officers.  In  Zacatecasyou  can  have 
possession  of  the  mint.  In  Potosi  are  the  richest  mines  in  Mexico; 
and  if,  as  has  been  stated,  the  annual  produce  of  these  mines 
amounts  to  nearly  twenty-five  millions,  and  we  claim  the  revenue 
which  the  Mexican  government  extracted  from  mining  operations, 
and  by  protecting  the  entrance  of  goods  into  the  country,  furnish  a 
new  source  of  revenue  fr<tm  the  duties  on  imposts,  then  we  have 
something  to  support  our  armies,  without  touching  private  proper- 
ty, and  the  expenses  of  the  war  are  borne  by  Mexico  herself. 

Th'^  object  now  is,  not  to  prepare  to  fight  a  battle,  but  to  pre- 
vent a  battle.  The  great  object  now  is,  to  allow  the  ability  which 
yet  remains  in  Mexico,  to  establish  federal  government  on  repub- 
lican principles,  to  exert  itself.  We  have  taught  Mexico  salutarv 
lessons.  We  have  convinced  them  that  they  are  not  what  they  sup- 
jiosed  they  were,  anil  I  hope  it  will  not  excite  a  laugh  when  I  men- 
tion that  supposition  to  have  been  that  they  were  theareatest  military 
power  on  the  continent.  For  it  was  not  until  alfer  the  battle  of 
Buena  Vista  that  they  began  to  doubt  it.  Let  us  now  give  them 
an  opportunity  to  create  a  government  somewhat  stable,1ind  capa- 
ble of  adhering  to  its  obligations.  I  reject  the  idea  of  takinrr  her 
federal  government  under  our  protection,  as  altogether  impractica- 
ble; and  because  it  would  certainly  tend  to  render  it  odious  to  the 
people.  Our  policy  should  be  directed  by  the  purest  reason  and 
most  patriotic  motives  to  that  end  which  will  hapten  a  peace  and 
leave  Mexico  the  power  to  erect  again  her  nationality. 

If  I  believed  that  this  additional  force  were  unnecessary,  I  should 
vote  against  the  bill.  If  I  believed  that  regulars  were  not  better 
calculated  to  occupy  garrisons,  and  that  the  sallantry  of  our  vol- 
unteers in  the  field  should  decide  this  question,  1  would  vole 
against  it.  But  I  believe  the  force  to  be  necessary,  and  that  these 
regulars  are  the  proper  force.  The  Senator  from' Kentucky  spoke 
of  giving  a  discretionary  power  to  the  President  to  call  out  30,000 
volunteers.  Well,  I  doubt  not  the  wisdom  of  the  Executive— I 
doubt  not  his  nerve  to  encounter  thtt  responsibility.  I  would  be 
quite  wilhng  to  make  him  responsible,  and  to  rely  upon  the  good 
feelings,  patriotism  and  intelligence  of  the  country,  to  sustain  him 


74 


THE  TEN  REGIMENT  BILL. 


[Wednesday, 


in  calling  out  these  men  for  the  present  purpose,  and  still  further 
for  the  ultimate  object,  when  the  forces  may  be  reduced,  of  recol- 
iiig  the  volunteers, now  makinq;  sacrifices  beyond  the  duty  which  they 
undertook  tu  perform.  And  at  this  moment,  sir,  the  honorable 
SeuKtur  from  South  Carolina,  before  me,  recalls  to  niyniind,  ap- 
propriately, in  this  connection,  the  fact  thai  the  regiment  which 
Lis  covered  the  Palmetto  with  laurels  and  cypress,  now  numbers 
only  about  one  hundred  and  fifty  fit  for  active  service.  I  would  re- 
call that  regiment  at  once.  I  would  return  its  members  to  their 
social  and  commercial  duties,  and  substitute  for  them  a  regular 
regiment,  equally  able  to  perform,  at  all  events,  the  duties  they 
have  now  to  dischartie. 

I  did  not  rise  for  the  purpose  of  making  any  extended  remarks, 
and  have  been  led  to  say  more  than  I  intended.  \  hope  the  amend- 
ment will  not  be  adopted. 

Mr.  C.\LHOU>'  said  that  there  were  two  or  three  points  of  ditli- 
culty  still  unexplained  in  answering  the  objection  to  the  bill.  If  he 
understood  aright  the  Senator  from  Kentucky,  during  the  jieriod  of 
the  last  fifteen  months  not  more  than  about  eleven  tli.iusand  re- 
cruito  had  been  enlisted. 

Mr.  CASS  here  interpo.sed  and  said  that  the  Senator  from  Ken- 
tucky was  in  error.  More  than  twenty  thousand  had  bci'u  enlisted 
iu  the  course  of  little  more  than  a  year. 

Mr.  CRITTENDEN  referred  to  the  report  of  the  Adjutant 
General,  to  show  that  the  number  was  but  little  over  eleven  thou- 
sand. 

Mr.  CASS  explai.ied  that  that  was  exclusive  of  the  new  retri- 
ments  which  hacl  been  raised- 
Mr.  CALHOUN  continued  :— He  would,  then,  assume  the  num- 
ber slated  by  the  Chairman  of  the  Military  Committee.  If  only 
twenty  thousand  men  were  raised  during  the  last  year,  it  was 
very  evident  that  in  the  present  state  of  the  market — for  the  re- 
cruiting had  taken  uj)  a  great  deal  of  the  loose  ])ortioiis  of  society 
disposed  to  enlist — it  would  be  very  difficult,  indeed,  to  raise,  dur- 
ing the  present  year,  the  men  necessary  to  fill  these  additional  ten 
regiments.  Well,  they  had  been  lold'  that  this  additional  force 
was  required  immediately,  when,  in  all  probablility,  with  the 
strongest  recruiting  iorce,  it  could  not  be  obtained  in  less  than  six 
or  eight  months  after  the  passage  of  the  bill,  allowing  the  greatest 
success.  Yet  they  had  been  emphatically  told  that  this  force  was 
so  immediately  necessary,  that  not  a  day  could  be  allowed  hero 
for  debate.  He  did  not  doubt  that  regulars  were  the  best  descrip- 
tion ol  force.  He  wished  to  know  il  the  eight  thousand  included 
the  entire  deficit. 

Mr.  CASS  replied  that  the  general  deficiency  amounted  tociffht 
thousand  men. 

Mr.  CALHOUN, — That,  added  to  the  ten  regiments  would 
make  18,01)0  or  :20,000  to  be  raised.  Then  the  defect  must  be  iu 
the  recruiting  .service.  Eight  thousand  was  very  near  the  nuiubcr 
which  it  was  proposed  to  raise  by  tlii.s  bill,  and  yet  a  deficit  lo 
that  extent  existed  in  the  present  force.  The  remedy  seemed  to 
lie  111  the  creatiiin  of  a  suMicient  number  of  recruiting  officers — not 
of  generals,  nor  colonels,  not  of  officers  of  the  higher  grades,  but 
of  otiicers  suited  for  that  service. 

This  business  of  war  was  a  serious  one.  War  created  the 
means  of  its  own  continuance.  It  called  into  being  mighty  inllu- 
enees  which  were  interested  in  carrying  il  on;  and  Tew  nations  ever 
terminated  war  so  long  as  they  po.ssessed  the  means  o(  carrying  it 
on  A  single  regiment  could  ii.it  be  raised  without  the  creation  of 
new  interests  in  favor  of  the  war.  If  these  views  were  correct, 
the  cheaiier  plan  would  be  to  strengthen  the  recruiting  service, 
rather  than  create  additional  regiments,  ofticers  and  all."  The  vol- 
unteers, II  their  services  were  needi'd,  could  be  called  out  at  once. 
The  s^iuit  and  gallantry  which  chai-ucterized  the  peujile.  was  not 
yet  exhttusied,  notwithstanding  the  disasters  of  the  war  as  far  as 
deaths  were  concerned,  and  all  the  regiuients  bad  been  thinned  to 
an  extraordinary  extent.  He  presumed  that  the  mortality  had  not 
been  less  than  twenty  per  cent.      Yet    recruits,  he   had   no  doubt 


conld  be  still  had  plentifully.  If.  then,  the  Chairman  of  the  Com 
inittee  on  Military  Affairs  wanted  an  immediate  augmentation  o' 
the  military  force,  he  should  ask  for  volunteers. 

He  (Mr.  C)  was  glad  to  perceive  that  the  Senator  from  Mis- 
sissijipi  (Mr.  D.^vis,)  was  not  averse  lo  a  defensive  liiieat  the  pro- 
per time.  In  his  (Mr.  C.'s)  opinion,  the  present  was  the  proper 
time.  In  view  of  that  policy  he  would  prefer  regulars  to  volun- 
teers. He  objected,  though,  to  regulars,  becau.se  that  force  gave 
greatly  increased  patronage,  and  greatly  added  influence  to  the 
support  of  the  war.  He  knew  not  how  other  gentlemen  felt ;  but  as  for 
himself,  he  was  convinced  that  the  patronage  of  this  government 
had  gone  beyond  all  bounds,  and  already  exercised  a  most  danger- 
ous control  over  the  deliberations  of  Congress.  He  felt  the  awk- 
wardness of  his  po.sition.  He  was  utterly  averse  to  pursuing  this 
war  for  any  view  yet  presented,  even  takiu"  the  strong  view  pre- 
sented by  the  Senator  from  Mississippi.  He  put  it  to  that  gentle- 
man— was  there  any  certainty  of  peace  ?  and  if  not,  where  would 
the  country  stand  ?  That  was  the  question.  It  would  be  in  a 
position  worse  than  ever !  Every  step  they  took  only  plunged 
them  deeper  and  deejier  into  difliculty.  If  his  memory  served  hun, 
the  Secretary  of  the  War  Department  stated  70,000  men  as  ade- 
quate lo  conquer  and  hold  iu  subjection  all  Mexico.  Was  that  not 
the  view  of  the  Seeret.lry  ^  He  could  not  at  the  moment  lay  his 
hand  on  the  Report  of  the  War  Department,  but  if  he  had  not  cor- 
rectly stated  the  views  of  the  Secretary,  any  Senator  could  set  the 
matter  right.  The  Secretary  then  disavowed  the  plan  of  entire 
.subjugation.  The  Executive  disavowed  it;  and  yet  a  force,  accord- 
ing to  the  Senator  from  Kentucky,  of  ninety  or  one  hundred  thou- 
sand men  was  demanded.  He  could  not  believe  that  it  was  the  in- 
tention of  the  Executive,  because  it  had  been  again  and  again  dis- 
avowed. But  when  he  saw  such  a  force  asked  for  in  the  report  of 
the  Secretary;  when  he  saw  in  the  President's  message  the  decla- 
ration  which  he  had  quoted  yesterday,  to  the  effect  that  he  himself 
believed  that,  unless  in  a  certain  contingency,  they  must  take  pos- 
session of  the  country,  and  take  the  measure  of  indemnity  into 
our  own  hands;  he  could  not  but  think  that  there  was  a  strong 
impression  on  all  sides  tliat  the  end  would  be  to  conquer  and  hola 
Mexico. 

If  they  could  have  the  question  first  submitted  to  the  deliberative 
consideration  of  that  body,  and  it  were  decided  what  was  lobe  the 
proper  course  of  conducting  this  war;  if  it  were  known  whether 
they  were  to  go  on,  or  take  a  defensive  line,  they  would-  then  act 
understandingly.  But  voting  and  voting,  without  knowing  what 
was  ultimately  to  be.  done,  threw  him,  and,  he  believed,  every 
member  of  the  Senate,  into  a  state  of  great  diflSculty  to  detemine 
how  to  vote. 

The  question  was  then  taken  upon  agreeing  to  the  amendment 
proposed  by  Mr.  Cbittendfn,  and  it  was  determined  in  the  nega- 
tive, as  follows: 

YEAS,— Messrs,  Ba.lgei,  lialihvin.  Bdl.  Betripn.  Clarke.  t'l.\vton,  I'orwin.  Cnl- 
leiuien.  Dayton,  Cietiip.  Hale,  Manfiuni,  Miller,  I'earee,  Phelp*,  Sproance,  I'ndei- 
wood,  IFpliain,  anil  Webster — ]tl. 

N.WS. — Messrs,  Allen,  Ashley,  Ateliison.  Atlierion.  Bradbury.  Breese,  Buller 
t'anieron.  Cass,  Oavis.  of  Mississip|)i,  Uu-kluson.  lli.\,  iJouplas,  Uowns,  Felcli.  Foote, 
IIaniiej;an,  Hunter.  Johnson,  of  Maryianil,  Johnson  of  Louisiana.  Mason,  Rusk. 
Se\ier.  t'lurgeon.  Turney,  V\'estcott— 'jti. 

Mr.  JOHNSON,  of  Md.,  moved  to  amend  the  bill  by  inserting 
in  the  fifth  line  of  the  first  section,  after  the  word  "  President," 
the  words,  "  if,  in  his  opinion,  the  exigencies  of  the  war  require 
such  a  further  increase  of  force.'* 

The  amendment  was  agreed  to. 

No  further  amendment  being  made,  the  bill  was  reported  to  the 
Senate. 

The  anieniimenl  having  been  concurred  in,  the  question  was  up- 
on ordering  the  bill,  as  amended,  to  be  engrossed  and  read  a  third 
time. 

It  was  suggested  that  the  bill  might  be  ordered  to  be  engrossed, 
and  the  question  on  its  passage  deferred  until  tomorrow. 

The  bill  was  ordered  to  he  engrossed  and  read  a  third  time. 

On  motion, 

The  Senate  adjourned. 


January  6.] 


PETITIONS— RESOLUTIONS. 


75 


THURSDAY,  JANUARY  6,  1848 


Mr.  TURKEY  presented  the  ricdonti.ils  of  the  Hon.  Dixon 
H.  Lewis,  elected  a  Senator  of  the  United  Slates,  from  the  Stale 
of  Alabama,  for  the  terra  of  six  years  from  the  llh  day  of  March 
1847. 

Mr.  Lewis  having  taken  the  oath  of  olfiee,  \vhi<th  vva.'.  admi- 
nistered to  him  at  the  hands  of  the  Vice  President,  took  his  teal  in 
the  Senate. 

REPORTS    FROM     Pt^PARTMENTS. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the. 
Post  Master  General,  made  in  compliance  with  a  resolution  of  the 
Senator,  in  relation  to  the  claim  of  Jamison  and  WUIiamson. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the 
Secretary  of  State,  made  agreeably  to  law,  showing  the  number 
and  compensation  of  clerks  in  the  Department  of  State;  which  was 
referred  to  the  Committee  on  Foreign  Relations. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the 
Secretary  of  War,  made  in  compliance  with  a  resolution  of  the  Se- 
nate, transmitting  the  military  reports  which  have  been  received 
by  hmi  from  the  Commander  of  our  Army  in  Mexico  since  the 
transmission  of  his  annual  report. 

SMITHSONIAN   INSTITUTION. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the 
Board  of  Regents  of  the  Smithsonian  Institution,  made  agreeably 
to  law.  showing  the  operations,  expenditures  and  condition  of  the 
Institution. 

On  motion  by  Mr.  BREESE,  it  was 

Ordered,  That  it  be  printed. 

PETITIONS. 

Mr.  ALLEN  presented  the  petition  of  citizens  of  Ohio,  praying 
a  reduction  of  tlio  rales  of  postage  and  the  discontinnance  of  the 
franking  privilege;  which  was  refe^red  to  the  Committee  on  the 
Post  Office  and  Post  Roads. 

Mr.  ALLEN  presented  the  petition  of  citizens  of  Ross  county, 
Ohio,  praying  the  adoption  of  measures  for  the  immediate  termi- 
nation of  the  war  with  Mexico;  which  was  referred  to  the  Com- 
mittee on  Military  Affairs. 

Mr.  ALLEN  presented  a  resolution  passed  by  the  Legislature 
of  the  Stale  of  Ohio,  in  favor  of  the  passage  of  an  act  cranting  a 
pension  to  Henry  Johnson,  of  that  Slate,  which  was  referred  to  the 
Committee  on  Pensions. 

Mr.  DICKINSON  submitted  documents  relating  to  the  claim  o  f 
the  legal  representatives  of  Jelhro   Wood,  deceased,  to  an  exten- 
sion of  their  patent  for  an  improvement  in  the  plough;  which,  wilh 
their  petition  on  the  liles  of  the  Senate,  were  referred  to  the  Com- 
mittee on  Patents  and  the  Patent  Oiricc. 

Mr.  CASS  presented  the  petition  of  Patrick  Marantcttc,  pray- 
ing compensation  for  provisions  and  merchandize  furnished  to  the 
Pottawattamie  Indians;  which  was  referred  to  the  Committee  on 
Indian  Affairs. 

Mr.  CORWIN  presented  the  memorial  of  the  New-Garden 
Monthly  Meetinc  of  Friends  in  the  county  of  Chester,  Pennsylva- 
nia, praying  the  adoption  of  peaceful  measures  for  terminating  the 
war  with  Mexico;  thai  slavery  may  not  be  tolerated  in  any  terri- 
tory which  may  be  acquired  from  that  republic;  and  the  adoption 
of  measures  for  establishing  a  tribunal  for  the  peaceful  setilemenl 
of  national  disputes;  which  was  referred  to  the  Committee  on  Fo- 
reign Relations. 

Mr.  WESTCOTT,— I  would  call  the  attention  of  the  Senate  to 
the  fact,  that  at  the  last  session  we  refused  to  print  memorials  of 
this  description. 

Mr.  CORWIN. — I  do  not  remember  what  the  action  of  the  Se- 
nate has  been  on   the  subject  of  memorials  from  the  Society  of 
Friends.     I  think  the  Senator  from   Florida  is  mistaken,  when  he 
says  that  the  Senate  refused  to   print  memorials  asking  the  alten- 
ion  of  the  Senate  to  the  subject  of  the  establishment  of  some  tri- 
iina\   for   the  subject  of  national  questions.     I  did  not  know  that 
he  Senate  had  refused  to  print  such   memorials;   nor  do  I  believe 
hat  any  objection  has  ever  been  made  to   their  reception  or  refer- 
nce  to  a   committee.     I  think  the  Senator  from  Florida  will  find 


that  he  is  mistaken.  The  paper  which  I  had  the  honor  to  pre- 
sent, is  very  brief,  and  the  cost  of  printing  will,  therefore,  bo  very 
small;  and  as  I  rarely  trouble  the  .Senate  with  anything  of  the  sort, 
I  hope  this  memorial  will  be  printed. 

Mr.  WESTCOTT.— I  understand  the  "eneral  rule  to  be,  that 
petitfons  of  this  character  are  not  allowed  to  be  printed  without 
some  special  reason  therefor. 

Mr.  SEVIER. — Does  this  petition  ask  tbe  action  of  Congress? 

Mr.  CORWIN.— It  docs. 

Mr.  SEVIER. — I  move  then,  that  it  be  referred  to  the  Commit- 
tee on  Foreign  Relations. 

Mr.  CORWIN. — I  have  made  Ihal  motion  already. 

The  PRESIDING  OFFICER. 
to  print. 


-The  question  is  on  the  motion 


Mr.  SEVIER. — It  appears  to  me  it  is  entirely  unnecessary  to 
print  this  document  until  we  have  a  report  upon  it.  I  would  sug- 
gest to  the  Senator  from  Ohio,  that  printing  is  somewhat  expen- 
sive) and  we  have  not  a  great  deal  of  money  to  waste.  II  we 
open  the  door  to  printing  of  petitions  of  this  sort  we  shaH  incur  a 
very  serious  expense. 

Mr.  CORWIN. — If  it  is  reduced  to  a  question  of  economy,  I 
shall  be  compelled  to  withdraw  my  motion  to  print,  and  content 
myself  with  the  reference. 

The  petition  was  referred. 

Mr.  ATCHISON  submitted  documents  in  relation  to  the  claim 
of  Margucrctla  Rcncau,  praying  compensation  for  a  section  of 
land,  reserved  to  her  under  the  treaty  of  1825;  which  were  refer- 
red to  the  Committee  on  Indian  Affairs. 

Mr.  YULEE  presented  resolutions  passed  by  the  Legislature  of 
the  Slate  of  Florida,  in  favor  of  the  passage  of  an  act  to  author- 
ize the  reimbursement  of  the  expenses  incurred  by  the  Florida 
Volunteers  previous  to  being  mustered  into  the  service  of  the  Uni- 
ted States;  which  were  referred  to  the  Committee  on  Military 
Affairs. 

Mr.  BUTLER  presented  a  resolution  passed  by  the  Legislature 
of  the  State  of  South  Carolina,  in  favor  of  the  establishment  of  a 
branch  mint  at  Charleston,  m  that  State;  which  was  referred  to 
the  Committee  on  Finance. 

On  motion  by  Mr.  DAVIS,  of  Mississippi,  it  was 

Ordered,  That  the  petition  of  Joseph  De  la  Franeia,  on  the  files 
of  the  Senate,  be  referred  to  the  Committee  on  the  Judiciary. 

On  motion  by  Mr.  CORWIN,  it  was 

Ordered,  That  the  petition  of  the  representatives  of  Moses  Shep- 
herd, on  the  files  of  the  Senate,  be  referred  to  the  Committee  on 
Roads  and  Canals. 

On  motion  by  Mr.  BRADBURY,  it   was 

Ordered,  That  the  petition  of  William  Miller,  on  the  files  of  the 
Senate,  be  referred  to  the  Committee  on  Pensions. 

On  motion  by  Mr.  BRADBURY,  it  was 

Ordered.  That  the  petition  of  the  heirs  of  William  Frost,  and 
the  petition  of  the  heirs  of  Nathaniel  Leavett,  on  the  files  of  the 
Senate,  be  severally  referred  to  the  Committee  on  Revolutionary 
Claims. 

On  motion  by  Mr.  YULEE,  it  was 

Ordered,  That  the  petition  of  John  M.  Mcintosh,  atsignes  of 
John  Clute  and  Jacob  Hart,  on  the  files  of  the  Senate,  be  referred 
to  the  Committee  of  Claims. 

On  motion  by  Mr.  DIX,  it  was 

Ordered,  That  William  H.  Hildrelh  have  leave  to  withdraw  his 

petition  and  papers. 

EDITORS    OF    THE    UNION. 

Mr.  MASON  submitted  the  following  resolution  for  considera- 
tion: 


76 


THE  TEN  REGIMENT  BILL. 


[Thursday  , 


Rejolv&i  That  the  Editors  of  the  Ul]ion,  a  newspaper  printed  at  Wathington,  and 
who  were  late  piintep,  to  the  Senate,  be  hereafter  entitled  to  the  same  access  to  the 
floor  o(  the  Senate,  which  is  now  extended  to  others  who  were  former  like  printers. 

DRY    DOCKS. 
On  motion  of  Mr.  YULEE,  it  was 

Ordered,  That  the  message  of  the  Prcs.idcnt  of  the  United  States 
of  the  23d  Deecmber,  1847,  with  the  report  of  the  Secretary  »j 
the  Navy  accompaiiyinsj  the  .same,  and  the  eommnnications  and 
papers  on  file  relating  (o  the  Dry  Docks  al  Pensacola,  Philadel- 
phia, and  Kittcry,  be  printed  for  the  use  of  the  Senate. 

CLAIMS    UNDER    THE    TREATY    WITH    MEXICO. 

Mr.  JOHNSON,  of  Louisiana,  by  nnanimous  consent,  asked  and 
obtained  leave  to  bri^g  ifl  a  rcsnliitinn  providinu'  for  the  pavmcnt 
of  certain  rlaims  under  the  Irealy  between  the  Unilrd  Stales  ;irid 
Mexico  of  April  -1,  1839;  which  was  read  the  Mist  and  secnrid 
times,  by  imanimoiis  consent,  and  referred  to  the  CnminiUcc  on 
Foreign   Relations. 

SURVEY    OF. THE    MOUTH    OK    HF.t>    RIVER. 

Agiecably  to  notice.  Mr  JOHi\SON,  of  La.,  asked  and  ob- 
tainecl  leave  to  bring  in  a  bill  lo  provide  for  a  survey  ol  the  mouth 
of  Red  River,  in  ihe  Slate  of  Louisiana;  which  was  read  the  first 
and  second  times,  by  unanimous Vonseni,  and  referred  to  the  Com- 
mittee on  Comineice. 

rniNTiNfi. 
.Mr.  BRADKURV,  ftoni  the  f'omniitlce  on  Printing,  who  were 
inslructed  by  a  re.solulimi  of  the  Seuale  •'In  iii(]iiire  and  re- 
port why  none  of  the  copies  of  llic  Presidcni 's  iiiessa<;c,  vvilh 
documents,  or  of  the  reports  of  the  Seeielarics  uiid  the  Poslni.isl  er 
General,  with  documents,  have  been  furnished  Inr  the  use  ol  ilio 
Senate,  and  when  the  said  copies  may  be  liunished  by  the  said 
printers."  submitted  a  report  aceonipanicd  by  a  comiiiunicalion 
from  the  Printers  nf  Congress  on  tho  subject. 

^  WASHINGTON    MONUMENT. 

Mr.  MILLKK,  from  the  Committee  on  the  District  of  Colum- 
bia, to  whom  was  referred  a  resolution  authorizing  the  erection  on 
the  public  grounds  in  the  city  of  Washington,  of  a  monument  to 
Georn-o  Washington,  reported  it  without  amcndmeiil, 

ASSISTANT    PURSERS. 

The  Senate  proceeded  to  consider,  as  iu  Committee  of  the 
Whole,  the  bill  providing  for  the  appointment  of  Assistant  Puisers 
in  tho  Navy. 

Mr.  BADGER  moved  to  amend  tho  bill  by  striking  out  the 
words  "by  warrant,"  and  inserting  "by  and  with  the  advice  and 
consent  of  the  Seiiale."  The  station  was  an  important  one,  and 
he  thoHoht  it  better  that  they  should  be  comniissioiied  officers,  as 
it  woula  secure  the  services  of  a  better  class  of  persons  than  if 
they  were  warrant  officers. 

Mr.  YULEE  observed  that  he  desired  to  olTer  an  amendmetit 
to  the  bill,  and  to  enable  him  lo  obtain  some  information  before 
doing  60,  he  moved  to  lay  the  bill  upon  the  table.  The  motion 
was  agreed  to. 

ADJOURNMENT    OVER. 

On  motion,  it  was 

Ordered,  That  when  the  Senate  adjourn,  it    be  t.i  MDiidiiv  ne.xt 

BOUNTY    LAND    CLAIMS. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  the  bill  to  allow  further  time  for  satisfying  claims  for 
bounty  lands  for  military  services  in  the  late  war  uilli  Gir.ii  Bri- 
tain, and  for  other  purposes. 

Mr  UNDERWOOD. — 1  was  not  in  my  scat  when  the  motion 
was  made  the  other  day  for  the  postponement  of  this  bill;  but  1 
have  been  informed  of  the  objections  that  were  miide  to  the  bill, 
and  I  rise  for  I  he  purpose  of  obviating  them.  I  understand  that 
my  friend  over  the  way  doubted  whether  warrants  for  bounty  lands 
to  soldiers  in  the  hue  war  with  Great  Britain,  art^  in  existence. 
My  information  on  this  biibjec:t  is  based  not  only  upon  the  statutes, 
but  upon  the  statements  of  the  Commissioner  of  Pensions,  and  the 
Commissioner  nf  the  Land  Office.  The  bill  upon  your  table  is 
but  a  (ranscript  of  former  laws  unon  the  subject.  The  provisions 
of  ihc  general  law  were  renewed  in  f^'12,  and  coiititiiicd  for  live 
years,  and  that  act  conseipienlly  expireil  in  the  past  year.  [Ho 
read  from  the  act  and  also  from  communications  received  from  the 
Commissioner  of  Pensions,  and  the  Commissioner  of  the  Land  Of. 
fice.]  Now,  he  conlintied,  all  that  the  bill  on  your  table  proposes 
to  do,  is  to  prevent  the  statue  of  limitations  from  tipplving  against 
the  soldiers  of  the  late  war,  and  to  grant  them  an  additional  five 
years  for  producing  satisfactory  proof  of  their  claims  and  receiving 
lumls. 

Mr.  S{^VI£R  repeateti  his  objections  to  the  passage  of  the  bill. 


Pass  such  a  law  as  this,  he  said,  and  no  man  knows  how  many  old 
claims  will  be  brought  forward,  which  have  been  heretofore  re- 
jected by  Congress.  I  believe  we  have  already  paid  more  land 
claims  for  military  services  than  we  even  had  troops  in  the  field. 
I  hope,  at  least,  that  some  data  will  be  procured  from  the  Land 
Office,  to  show  how  many  claims  are  yet  outstanding.  ThisVnll, 
1  suppose,  is  to  pay  all  the  old  Virginia  claims. 

Mr.  UNDERWOOD.— I  will  say  to  my  friend  over  the  way, 
that  I  have  no  objection  whatever  to  procure  all  the  information 
vi'hieh  he  seems  desirous  of  examining  before  voting  upon  the  bill, 
but  1  lake  occasion  now  to  correct  a  mistake  into  which  he  has, 
no  doubt  unintentionally,  fallen.  He  said  that  the  provisions  of 
this  bill,  he  supposed,  would  satisfy  all  the  Virginia  claims.  That 
is  a  mistake.  Virginia  had  two  regiments  in  the  revolution — a 
State  regiment,  and  a  Continental  regiment.  As  far  as  the  Con- 
tinental regiment  was  concerned,  they  were  to  receive  lands  at  tho 
hands  of  this  government,  but  so  far  as  the  State  line  of  Virginia 
troops  arc  concerned,  there  is  no  provision  made  for  them  here. 

Mr.  RUSK. — I  have  the  information  which  is  desired  by  the  Se- 
nator from  Arkansas  in  a  letter  from  the  Commissioner  on  Pen- 
sions. 

The  letter  was  read. 

On  motion  of  Mr.  CASS,  the  bill  was  laid  upon  the  table  for 
llie  purpose  of  proceeding  with  the  special  order  of  the  day. 

ENLISTMIiNT  OF   VOLUNTEERS. 

Mr.  BADGER,  from  the  Commitlee  on  Military  AfTairs,  report- 
ed a  bill  to  promote  the  tilling  up  of  vacancies  in  the  volunteer 
corps  now  in  the  service  of  the  United  States;  which  was  read  tho 
hrst  and  second  limes  by  unanimous  consent,  and  considered  as 
111  Committee  of  the  Whole. 

Mr.  DAVIS,  of  Mississippi,  moved  to  amend  the  biU  so  as  to  ex- 
tend its  provision  lo  the  first  and  second  regiment  of  dragoons, 
and  the  regiment  of  mounted  rifienien,  in  addition  to  the  volunteer 
regiments;  which  was  agreed  to. 

The  bill  was  then  reported  to  the  Senate,  and  the  amendment 
concurred  in. 

Ordered,  That  the  bill  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Itaiolvcd.  That  this  bill  pass,  and  that  the  title  llieieof  be  as  aforesaid. 

Ordered.  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill.  • 

TEN  REGIMENT  BILL. 

The  bill  to  rai.-.e,  for  a  limited  time,  .tu  additional  military  force, 
was  read  a  thiril  lime. 

The  question  being  on  the  [lassi^ge  of  the  hill, 

Mr  HALE  said:  Feeling  compelled  from  my  convictions  of  duty 
to  take  a  course  iu  reference  lo  this  bill,  in  which  I  am  aware  very 
lew  Senators  will  entirely  coincide,  I  have  thought,  bumble  as  is 
the  sphere  in  which  I  move,  that  it  was  due  to  those  who  placed 
me  in  the  position  I  occupy,  to  let  my  vote  upon  tho  bill  go  out  .ac- 
companied with  the  reasons  which  have  iniluced  me  to  take  the 
course  which  I  am  about  to  take.  I  would  have  been  glad  if  older 
and  abler  Senators  had  favored  the  Senate  with  their  views  in  op- 
position to  this  bill.  I  would  have  been  glad  if  the  action  of  the 
Senate  upon  the  bill  had  been  delayed  untjl  the  documents  coming 
from  the  several  departments,  and' which  we  are  well  nigh  getting', 
had  been  placed  bclore  us,  so  that  we  might  have  had  all  tho  light 
that  could  be  thrown  upon  that,  which  in  my  mind,  is  a  dark  sub- 
lect  at  the  lightest,  but  seeing  that  the  bill  'is  likely  lo  go  through 
Ihe  forms  of  legislation,  and  become  a  law  without  having  those 
lights  before  us,  1  have  thought  it  necessary  to  trespass  briefly 
upon  the  time  of  the  Senate,  in  order  to  express  the  views  which 
I  entertain.  It  may  be  said  that  I  do  not  stand  much  in  need  of 
light,  because  I  have  already  declared  thai  I  stand  here  preparecl 
lo  vote  against  the  war  in  all  its  forms;  against  any  mea.siires  for 
the  supply  of  lioops,  either  regulars  or  volunteers,  {.md  if  there 
are  any  other  kinds,  I  go  against  them,)  because  1  sl:iiid  prepared 
to  vole  against  llie  approprialion  of  a  single  dollar  bevond  the  sim- 
ple amount — as  I  have  before  suggesteil— which  will'  be  sufficient 
to  bring  home  your  troops  by  the  shortest  and  cheapest  route. 
Entertaining  these  views,  before  enleiing  upon  the  di.-.cussion  of 
the  111!.  1  wnut  to  say  a  word  in  regard  lo  a  sentiment  which  1 
have  heanl  avowed  hero,  and  elsewhere,  and  it  is— that  when  tho 
country  is  engaged  in  war  we  lose  all  discretion,  we  have  nothing 
to  do  but  grant  the  supplies  that  are  demanded  of  us— an  appeal 
being  made  to  o,  r  ^latriotism — patriotism  can  onlv  lind  riijhlful 
action  iu  a  supiiort  ol  the  war — that  there  is  no  patriolisin  any- 
where else,  and  that  the  administration,  which  has  been  so  fortii. 
nalc  as  to  p.iuigc  the  countiy  into  a  war.  has  onlv  lo  appeal  lo  the 
country,  and  expect  to  receive  no  other  response  except  hcnrly 
and  unanimous  suiiporl.  And  this  doctrine  has  been  carried  so 
far,  and  in  such   high  places,  that  the  President  of  the  United 


January  6.] 


THE  TEN  REGIMENT  BILL. 


77 


States  has  denounced  as  treason,  the  opposition  of  Consiess.  al- 
thouah  his  mode  of  prosecuting  the  war  did  not  accord  with  their 
convictions.  I  recollect  but  one  incident  in  my  reading  of  history 
which  is  analo!;ous.  It  is  slated  by  an  Enp;lish  historian,  that 
when  Queen  Elizabeth  had  summoned  lior  Parliament,  and  they 
were  about  to  organize  tor  business,  she  sent  her  messenger  to 
them  with  this  royal  mandate;  she  told  them  to  be  very  careful 
that  they  did  not  meddle  \\ itli  affairs  of  State,  ■■because,"'  said 
she,  "such  thini^s  are  altogether  beyond  the  compass  of  your  nar- 
row understanding.''  Well,  our  royal  President  did  not  follOTv  ex- 
actly in  the  footsteps  of  Elizabeth.  He  did  not  question  the  un- 
derstanding of  Congress,  but  their  patriotism.  Now,  let  us  see 
where  this  doctrine  wiU, carry  us.  Let  us  see  to  wliat  it  will  lead. 
Suppose  you  should  have  an  exceedingly  bad  and  corrupt  adminis- 
tration— mind,  1  do  not  say  that  this  is  such  an  administration,  or 
that  wc  arc  ever  likely  to  have  such  an  one.  But  suppose  that 
such  a  thing  were  possible,  and  that  the  measures  of  the  President 
had  become  exceedingly  odious,  oppressive,  burdensome,  and  in- 
tolerable, and  that  notes  of  disapprobation  were  beginning  to  be 
heard  from  the  people  assembled  in  their  primary  meetings;  that 
the  tones  of  indignation  at  last  penetrate  the  walls  of  the  palace, 
and  the  President,  finding  that  he  could  not  stand  against  the 
united  will  of  an  injured  people,  what  has  he  to  do?  Ought  he  to 
desist  in  his  course  of  wrong-doing,  or  to  retrace  his  steps?  No, 
sir,  this  is  not  the  path  to  popularity;  according  to  his  new  school 
of  ethics  and  morals,  he  has  only  to  go  on  and  plunge  the  country  into 
war,  and,  if  he  can  manage  so  skilfully,  as  to  involve  the  country 
into  two  wars  at  once,  so  much  the  better — so  much  the  more  glory 
for  him;  a  popularity  greater  than  that  of  a  Washington,  or  a  Jack- 
fon.  This  is  the  inference,  the  plain  and  unmistakable  inference. 
War,  instead  of  being,  as  it  is  said  to  be  by  all  writers  on  ethics  or 
politics,  the  direst  calamity  which  Heaven  in  its  wrath  can  send 
upon  a  nation,  is  converted  by  this  alchemy  into  a  healing  Belh- 
seda,  in  which  political  profligacy  and  corruption  of  the  darkest 
hue  may  wash  itself  and  be  clean.  Sir,  I  utterly  deny  the  sound- 
ness of  this  doctrine,  that  Congress  ought  to  have  no  voice  beyond 
printing  the  supplies.  If  there  ever  is  a  time  when  opposition 
should  be  vigilant,  scrupulous,  watchful,  noticing  everylhing  that 
is  wrong,  it  is  at  a  time  when,  through  the  acts  of  the  administra- 
tion, the  ccHintry  is  burdened  with  an  unnecessary  war.  When  the 
fruits  of  industfy  are  consumed  for  the  support  of  such  war,  and 
when  we  arc  surrounded  by  all  the  horrors  which  war  brings  in  its 
train.  If  there  ever  is  a  time  that  should  put  men  upon  their  indi- 
vidual judgment,  reflection,  and  responsiblity,  it  is  such  a  time;  and 
such  is  our  position  now,  and  we  are  there  by  the  unadvised,  un- 
constitutional, and  illegal  acts  of  the  President.  I  propose,  I  say, 
to  do  what  I  may,  feeble  as  it  maybe,  to  place  the  country  right. 
I  have  never  learned  in  that  school  of  moral  or  political  science 
that  by  pecsevering  in  an  unconstitutional  and  wrong  course,  wo 
shall  ever  come  out  right. 

And,  sir,  there  is  another  view  that  is  sometimes  taken,  which 
certainly  does  not  accord  with  my  own  convictions,  and  upon  which 
I  wish  to  say  a  word  or  two  at  this  time,  (and  I  do  it  with  defe- 
rence to  the  opinions  of  abler  men  about  me,)  and  which  relates  to 
the  course  those  should  take  who  believe  the  war  to  be  wrong,  ra- 
dically wrong.  Why,  I  think  I  have  heard  an  idea  something  like 
this  : — The  country  is  engaged  in  a  war  which  is  unjustitiablc — ^we 
confess  it  is  wrong  to  go  on,  we  see  clearly  it  is  wrong — neverthe- 
less we  are  now  at  war;  and  the  President  calls  on  us  for  supplies 
of  men  and  money,  and  Senators  say  they  will  vote  men  and  mo- 
ney ;  but  by  some  sort  of  a  process  which  escapes  my  comprehen- 
sion, they  imagine  they  are  going  to  throw  the  responsibility  on  the 
President.  I  confess  I  do  not  understand  how  they  are  to  escape 
from  their  due  share  of  responsibility,  they  must  share  the  respon- 
sibility with  the  President,  let  the  character  of  the  act  he  what  it 
may.  If  the  war  be  wrong,  put  an  end  to  it  .at  once.  I  have  no 
doubt  the  President  will  be  exceedingly  gratified  with  opposition 
of  this  kind.  You  will  hear  nothing  about  a  factious  opposition  in 
the  organ  of  the  administration.  The  President  woiiUl  care  little 
for  the  opposition  of  the  whole  world  if  it  were  an  opposition  of 
this  kind.  It  is  very  like  Sam  Weller,  who  happened  to  find  him- 
self in  prison,  and  a  persor  whom  he  met  was  bewailing  the  mis- 
fortune of  having  a  thousand  pounds  left  to  him  by  will,  which  cir- 
cumstance had  been  the  occasion  of  his  iinprisonmenl.  "I  wish,'' 
exclaimed  Sam,  "all  my  enemies  would  t  v  to  ruin  me  in  that 
way."  Just  so  with  the  President.  Vou  tell  him  he  is  wrons;, 
while  at  the  same  time  you  vote  him  all  the  men  and  money  that 
he  asks  vou  for. 

Believing  that  the  cause  of  this  war  is  radii'allv  wrong.  I  hold 
it  to  be  the  first,  the  plainest,  and  the  simplest  dulv  of  those  who 
think  as  I  do,  to  withhold  supplies  and  compel  the  President  to  do 
what  we  believe  to  be  right.  Believing  there  is  a  strict  and  perti- 
nent analogy  between  the  course  to  be  pursued  by  Congress,  and 
that  which  is  taken  by  the  BriiLsh  Parliament,  I  consider  that  the 
course  of  those  who  think  the  war  wrong,  is  plain  and  clear,  ami 
admits  of  no  mistake.  Upon  a  question  of  voting  supplies,  I  think 
the  very  first  thing  to  be  inquired  into  by  Congress,  is,  whether 
the  object  for  which  the  supplies  are  demanded  is  a  correct  and  le- 
gitimate object  '.  If  it  be  cfetermined  that  the  object  is  a  proper 
one,  let  the  supplies  be  granted  ;  if  otherwise,  withhold  them. — 
This  is  my  understanding  of  the  nature  of  our  Constitution.  I 
have  heard  our  government  spoken  of  as  a  government  of  checks 
and  balances,  but  when  you  speak  of  the  President  having  the  pow- 
er to  make  war  unconstitutionally  and  illegally,  I  cannot  under- 
stand the  cause  or  propriety  of  that  course  ot  conduct  which  would 
sustain  him  in  his  unconstitutional  act. 


Believin^i,  then,  that  the  question  of  this  war  is  a  question  which 
oii^ht  to  be  discussed;  that  it  lies  at  the  very  bottom  of  the  ques- 
tion of  supplies,  I  will  proceed  to  give  my  views  to  the  Senate  and 
the  country,  of  this  war.  And.  as  I  suggested  the  other  day,  in 
the  few  remarks  which  I  had  the  honor  to  submit,  I  believe  that 
the  cause  of  the  war  lies  a  little  deeper  than  any  that  has  been  as- 
signed by  these  who  have  expressed  their  opinions  upon  the  sub- 
ject. I  believe  that  the  question,  whether  it  arose  from  the  march 
of  General  Taylor  to  the  Rio  Grande,  or  whether  any  of  those  in- 
cidental and  temporary  movements  were  the  immediate  cause  of 
the  war,  is  entirely  irrelevant.  The  cause,  sir,  lies  deeper  than 
any  of  these  ;  and  when  I  speak  of  the  causes  of  the  war,  permit 
me  to  say,  that  I  do  it  with  no  desire  to  introduce  exciting  or  an- 
gry discussion,  or  to  arou?e  unpleasant  feeling  ;  but  having  a  duty 
to  perform  here.  I  must  do  it  fearlessly — I  must  do  my  duty  as  an 
American  Senator,  feeble  as  it  may  be.  And  when  we  speak  of 
the  causes  of  this  war,  I  must  avow  my  conviction,  beyond  a  ca- 
vil or  a  doubt,  to  be,  th.at  it  lies  in  the  avowed  policy  of  the  Ame- 
rican Government — a  policy  which  was  avowed  four  years  ago — to 
make  the  extension  of  human  slavery  one  of  its  primary  motives  of 
action.  And  when  I  say  this,  let  me  be  understood.  I  refer  to 
the  principle  avowed  in  the  diplomatic  correspondence  which  pre- 
ceded the  annexation  of  Texas  to  the  United  Slates.  And  permit 
me  to  say,  that  in  apin^oaching  this  question,  I  do  it  with  a  desire 
and  a  disposition  to  do  full  justice  to  the  olficers  of  this  govern- 
ment who  were  engaged  in  that  correspondence.  I  will  do  them 
the  justice  to  say,  that  what  they  did,  they  did  manfully  and  above 
board.  There  was  no  concealment.  They  came  out  boidlv.  Their- 
course  was  very  difleient  from  that  of  a  set  of  men  we  have  among 
us,  called  Northern  men  with  Southern  principles — men  who  pro- 
fess to  be  airainst  slavery,  but  who  are  nevertheless  enlis  ed  in  the 
slavcholding  interest,  ready  to  do  slavery's  bidding.  That  wa.snot 
the  case  with  the  men  to  whom  I  have  referred.  They  came  out 
boldly  and  avowed  the  object  at  which  they  aimed,  and  the  means 
Ijy  which  they  proposed  to  attain  it.  Let  this  ever  be  said  to  their 
credit. 

In  that  correspondence  the  objects  of  this  government  are  as  evi- 
dent as  much  beyond  cr)ntroversy  as  anything  can  possibly  be. 
No,  Sir!  If  the  fingers  of  a  hand  were  sent  Irora  the  throne  of 
Eternal  light,  to  write  this  upon  the  wall  over  your  head,  it  would 
not  flash  conviction  more  readily  to  the  mind  than  is  done  by  a  pe- 
rusal of  that  correspondence.  I  will  not  go  through  the  whole  of 
it,  but  will  content  myself  with  sending  to  the  Clerk  and  asking 
him  to  read  an  extract  from  this  letter: 

DtPAllTiMENT  o>-  State,  Washington,  .liinust,  8,  1841). 

Sir: — A  privnlc  Jtllcr  from  a  citizen  in  Maryland,  then  in  London,  contains  tlie 
following  passage: 

"I  leani,  fiom  a  sonrce  enlillpd  to  tlip  fulled-  colifideiic".  that  tiiete  is  now  here  a 
Mr.  Andrews,  deputed  by  the  abolitionists  of  Texas  to  negotiate  with  the  Bnti^h  Go- 
uerninciil;  that  he  has  seen  Lord  Aberdeen,  and  submitted  hispriz/crf  for  the  abolition 
of  Slavery  in  Texas;  which  is  that  ttieie  shall  be  organized  a  company  in  England 
who  shall  juivance  a  sum  suHiclent  to  pay  for  the  slaves  now  in  Texas,  and  receive  in 
pa\  meni  Texa.s  lands;  that  ttie  sum  thus  advanced  shall  be  paid  over  as  an  Indemnity 
i^or  foi  the  abolition  of  slavery;  and  I  am  aulhoii-ed  ttv  the  Texan  mini-ler  to  say  to 
you,  thai  Lord  Abi-rdeen  has  agreed  that  the  British  tlovcriiment  will  guarantee  the 
payment  of  the  interest  on  tins  loan,  upini  condition  tliat  the  Texan  fi«\einment  will 
abolish  slavery.'' 

This  proposition,  it  will  be  seen,  was  exceedingly  simple  and 
easv  to  be  understood.  It  annouiitied,  not  that  there  was  a  scheme 
on  foot  amongst  a  set  of  lanalical  politicians,  to  decoy  away  the 
slaves,  not  to  steal  them — nothing  ol  that  sort — but  a  proposition 
had  been  entertained,  by  which  llie  government  and  slaveholders 
of  Texas  agreed  to  abolish  slavery,  and  for  this  agreement  on  their 
part,  it  was  said  that  a"  company  had  agreed  to  advance  a  stipu- 
latcti  price.  What  right  had  our  government  to  interfere?  The 
Secretary  says  "a  inovement  of  this  sort  cannot  be  contemplated 
in  silence."  I  agree  it  should  not;  but  what  should  every  Ameri- 
can heart  h.avc  said,  when  it  was  found  th:it  a  scheme  of  this  kind 
was  on  foot?  Should  they  nol  have  btirst  out  in  thankful  aspira- 
tions to  Almighty  God,  that  such  a  scheme  of  benevolence  as  that, 
had  even  been  thought  of.  I  think  the  .Secretary  says  well  in  say- 
ins;  that  they  could  not  look  on  in  silence. 

The  Secretary  further  says,  ''such  an  attempt  upon  any  neigh- 
boring country  would  necessarily  bo  viewed  by  this  government 
with  very  deep  concern." 

Certainly,  they  should  have  looked  on  with  deep  concern — as 
deep  as  that  with  which  aflection  watches  by  the  side  of  dying 
hive,  now  gathering  liope  from  the  symptoms,  that  the  smiles  of 
health  will  again  smooth  the  cheek  of  love,  and  then  trembling  lest 
the  pall  of  ilespair  should  settle  on  our  hopes. 

Again,  he  says,  "it  cannot  be  permitted  to  succeed  without  the 
most  strenuous  efforts  on  our  part  to  arrest  a  calamity  so  serious 
to  every  part  of  our  country" — a  calamity  so  .serious  to  every  part 
of  the  couniry — so  serious  to  New  Hampshire,  to  JVIassachusetts, 
and  the  other  New  England  States.  And,  sir,  this  bill,  which  is 
now  before  you.  is  one  of  the  measures  ■»-hich  are  to  be  adopted 
to  reilcem  the  pledge  thus  made.     In  the  same  letter  it  is  said: 

■■Tlie  establishment,  ill  the  very  midst  of  our  slavcholding  States,  of  an  indepen- 
ileiit  government,  forbidding  the  existence  of  slavery,  and  by  a  jieople  horn,  for  tlie 
most  part,  among  us,  reared  up  in  our  habits,  and  s|ieakinff  onr  language,  couid  not 
fail  to  produce  tiie  most  nnhajipy  effects  upon  both  parties." 

When  I  saw  it  formally  announced  by  the  government  that  it 
could  not  produce  any  but  ''unhappy  efli'ects.''  I  thought  that  I  was 
mistaken  in  the  reading.     I  thought  it  must  be  a  mistake  of  the 


78 


THE  TEN  REGIMENT  BILL. 


IThu 


RSDAY, 


printer,  but  I  found  that  it  was  no  mistake,  that  the  annoniiicment 
was  really  made.  What  a  mistake  then  did  iho  Pilgrim  Fathers 
make  in  corainj;  to  found  a  colony  in  the  New  VVorlil,  where  they 
mi"ht  avoid  the  conscquenees  of  slavery.  Had  they  not  slavery 
enouflh  ai  homo,  that  ihcy  hade  farewell  to  fverylliin','  that  lioinid 
their  heart.s  tn  the  land  oi'  their  birth. — the  hiriil  \v)ii-re  the  bones 
of  their  fathers  reposed,— and  eame  over  and  founded  the  institu- 
tion of  Ameriean  slavery?  Was  it  for  this  that  the  May  Flower 
.sailed  from  the  coast  where  slavery  prevailed?  Was  it  for  this  that 
those  patriots  wandered  from  F.nsiand  to  Holland,  and  from  Hoi- 
land  here?  In  heaven's  name,  was  not  Kn<;land  oppressive  cnoii^'h? 
One  more  extract,  and  1  teave  the  letter  : 

■■FewcalamiliPsconlJ  bcrall  lhi-<ronntcv  morr  tn  Iw  .lf|rlotcil  lli.in  llic  cstaMish 
mmtofa  pteiloriiin^iiil  Bntiih  irinucncc,  ami  tlio  iiliolilioii  ol  doim-itic  ^lavcry  in 
Te.viU." 

"Few  calamities  could  befall  the  country  like  this  ! ' 
I  had  understood,  up  to  the  lime  when  1  read  this  declaration. 
that  the  institution  of  slavcrv,  for  so.xl  or  bad,  was  a  Stale  uisli- 
tiition  I  thoucht  it  was  one  whieli  the  ^ri^neral  governnieiit  had 
no  ri-'iit  to  touch.  Everylhins  that  I  hail  e\er  heard  upon  the 
subject  had  tended  to  take  that  iiisliliition  from  the  cosnizaiiee  ol 
the  general  government,  and  make  it  e-xeliisivcly  a  subject  ol  State 
policy.  But^here  I  find  i(  baptized,  and  made  one  of  the  gods,  be- 
fore which  the  whole  people  are  m  hou-  down  and  woiship. 

From'lhis  cause,  whether  remote  or  innnediate,  this  war  prneerd- 
ed.  Can  any  man  deny  this?  We  mav  have  our  doubts  whether, 
if  there  had  been  more  caution  and  pruiience,  this  war  would  have 
been  precipitated  upon  us  at  so  early  a  period.  But  is  it  not  evi- 
dent that  the  whole  matter  springs  from  this?  Was  not  annexa- 
tion  Itself  an  act  of  war?  War  was  existing  between  Mexico  and 
Texas  at  ihc  time.  By  the  very  fact  of  annexing  looiit.selycs  one 
of  the  belligerent  nations,  we  incurred  the  responsility  of  fighting 
her  battles."  If  this,  then,  be  the  cause  of  the  war,  I  come  next 
to  the  question  how  ihis  war  commenced?  Well,  sir,  it  may  seem 
exceedingly  strange  that  one  .should  be  found  asking  thai  question 
at  this  tmie,  when  the  President  has  told  us  over  and  over  again 
so  many  times  how  it  commenced — that  it  commenced  by  the  act 
of  Mexico.  Said  the  President  in  his  message  to  Congress  of  the 
nth  May,  1846  : 

"  In  my  mi'ssa"e  at  thp  cnmrnciiccnieiit  of  the  presenl  session,  I  informe'l  you  iIhiI. 
nron  the  earliest  ap|)cal  both  ol"  the  ^■onpIc^^  am!  convention  ol"  Te.xas.  I  hail  orileie'l 
an  efficient  military  foice  to  take  a  position  "hetwecn  the  Nnece^  and  the  Del  Norte." 
This  harl  hpcome  neces.s.irv.  lo  meet  a  Ihreateneil  iniasion  of  Te\as  hy  the  .Ale.xican 
foices.  for  which  extensive  inilitaty  preparations  hail  been  niaile.  The  lln.a'jon  «;ij 
tliteatene't  solely  becanse  Texas  hail  iletermineil.  in  accoiilance  with  a  solemn  resolu- 
tion of  the  Congreos  of  the  t-'mteit  States,  to  annex  heiself  to  our  Union  ;  and. 
under  these  circumstances,  it  was  plainly  our  duty  to  extend  our  jirotecllon  over  her 
citizens  and  soil. 

Thi-s  force  was  eoncentr.ated  at  Corpus  Clirisli.and  remained  there  niilil  after  1  had 
rpcciveii  such  information  from  Me.xico  as  reiiiicred  it  probable,  if  not  certain,  that  the 
Mexican  goveinment  would  refuse  to  receive  our  Envoy. 

.Meantime,  Texas,  by  the  tinal  action  of  our  Congress,  had  become  an  integral  pait 
of  our  t-Tnlon.  The  Congress  of  Texas,  by  il.s  act  ol^  December  111,  JB36,  had  declarer! 
the  Rio  del  Norte  fo  be  the  bonndaiT  of  that  republic.  Its  jurisdiction  had  been  ex- 
tended and  exercised  beyond  the  Nueces.  The  country  between  tliat  river  and  the 
Del  Norte  had  been  representeil  in  the  Congress  and  in  the  convention  of  Texas;  had 
thus  taken  part  m  the  act  of  annexation  itself,  and  is  now  included  within  one  of  our 
Congressional  districts.  Our  own  (.'ongress  had,  moreover,  with  great  iinaniniitv,  by 
tlic  act  approved  December  31,  1845.  rerogmzed  the  country  beyond  the  Nueces  as  a 
part  of  our  territory,  by  inelnding  it  within  our  own  revenue  systein;  and  a  revenue  of- 
ficer, to  reside  williin  that  district,  has  been  appointed,  by  and  with  the  advice  and 
consent  of  the  tsciiate.  It  became,  tlicrefoie.  of  urgent  nece-sity  to  iirovide  for  the  de 
fence  of  that  portion  of  out  country.  Accoidingly.  on  the  loth  ol  Janilaty  last,  in 
utinctinn- were  issued  to  the  general  in  command  of  these  troops  to  occu[ty  the  left 
bank  of  the  Del  Norte." 

And  in  his  annual  message  to  Congress  on  the  >^th  of  December, 
1846,  he  repeats  the  assertion,  and  he  not  only  repeats  the  declara- 
tion that  war  exists  by  the  acts  of  Mexico,  but  he  says  every  hon- 
orable effort  has  been  made  by  me  lo  prevent  the  war,  but  all 
proved  in  vain,  and  the  war  has  cmne.  notwithstanding  he  was  so 
execedtngW  opposed  tri  it.  Now  I  rlcsire  to  examine  this  matter. 
The  President  Is  not  saiisfied  with  thus  telling  us  that  the  war 
arose  from  the  act  of  Mexico,  and  that  he  had  used  every  honor- 
able exertion  to  avoid  it.  Ho  conies  forwaid  in  his  message  this 
year  and  tells  us  fourteen  times  distinctly,  and  several  times  implied- 
ly, that  it  arose  from  the  act  of  Mexico.  It  seems  a  part 
of  the  President's  religion,  [lo  accompany  his  more  solemn 
acts  with  (he  continual  declarallon  Ihat  "  w.Tr  exists  by  the 
acts  of  Mexico,"  as  it  was  of  the  followers  of  Mahonimed,  to 
preface  their  more  serious  sayings  with  the  ofi-iepeated  avowal 
that  there  was  "  no  God  but  Allah,  and  Mahommed  bis  prophet.'' 
Now  let  us  examine  this  matter,  did  it  commence  by  the  act  of 
Mexico?  Such  is  not  my  reading.  The  Inking  possession  of 
Texns  was  of  itself  an  act  of  war.  Sir,  al  the  liiiie  of  the  Ameri- 
can Rex'oltilion,  when  France  signed  a  Treaty  of  .Mlinnce  with  us. 
Great  Britain  was  not  long  in  finding  out  lhat  that  was  an  ait  of 
war.     But  suppose  lhat  act  was  not  one  of  war,  what  follows? 

One  of  the  fundamenlal  conditions  of  the  Joint  Resolution  for 
annexing  Texas  to  the  United  States,  was  war. 

"riml.  «aiil  S-lnle  to  lie  formed  ftiibject  lo  Ihe  adjustment  by  this  govetninent.  of  al' 
rjUMtionii  of  boniidary." 

"Subject  to  the  adjustment  of  all  questions  of  boundary.''  That 
was  the  very  first  condition  which  the  Ameriean  Congress  fixed  to 
the  net  of  annexation.  Well,  is  il  necessary  for  nie  to  stand  here 
to-dnv  to  tell  the  American  people,  that  it  there  is  a  ipieslion  of 
. boundary  existing,  and  one  parly  goes  and  occupies  the  territory 
to  the  extreme  verge  of  the  claim — lhat  is  an  act  of  war?  Why.  I 
think  the  President  himself,  In  the  course  of  Iho  controversy  with 
Great  Britain,  mnsl  have  found  lhat  this  was  the  case,  althongh 


one  of  the  first  acts  of  his  ailministration  was  to  tell  the  people  in 
his  Inaugural  Address,  lhat  our  title  to  Oregon  vyas  clear  and  un- 
questionable. I  saw  the  Prer-idenl  amid  the  drippins  of  the  storm, 
standing  al  the  east  front  of  this  capitol,  reminding  the  [leople 
hriw  young  a  man  he  was,  anil  yet  he  would  have  the  whole  of  Or- 
egon.    I  almost  expected  to  hear  him  say — 

"You'd  scarce  expect  one  of  my  age. 

To  speak  in  piibli  c  on  the  stage."  / 

I  know  not  whether  I  was  most  amused  at  the  juvenility  of  the 
President,  or  his  dctermlntilion  to  seize  upon  the  whole  of  Oregon. 
He  would  not  even  submit  the  question  lo  arbitration,  because  that 
would  be  .•idiiiilling  lhat  Great  Britain  had  some  sort  of  title  there. 
Nothing  short  of  the  whole  would  satisfy  him.  Why,  a  man  could 
hardly  be  recognized  as  a  democrat  in  the  Eastern  States,  unless 
he  was  for  claiming  the  whole  of  Oregon.  He  must  go  for  .')4' 
II)',  or  he  was  no  democrat;  and  one  State  Legislature  was  so  vi- 
olent in  the  cause,  thai  they  were  for  claiming  54"  49'.  1  won- 
der it  never  occurred  to  the  President  to  send  our  officers  and  take 
possession  of  the  territory  up  to  that  line.  Why  did  he  not  do 
this?  Because  he  knew,  and  every  body  knew,  il  would  be  an  act 
of  war.  He  knew  il  would  be  so  considered  by  Great  Britain,  and 
resented  by  her.  Well,  so  it  was  here.  The  sending  of  General 
Taylor  to  the  Rio  Grande  was.  beyond  all  controversy,  an  act  of 
war.  But  1  propose  to  give  you  the  President's  own  account  of 
il.     In  his  message  of  May,  1846,  he  says  that: 

"lie  kept  the  troo|is  at  ('orpus  Christi  unlit  it  xvas  rendered  cettain  that  the  IVIoxi- 
caii  goveiiimenl  had  refused  to  receive  Sir.  Slidell." 

Well,  on  the  lOth  day  of  November  this  commissioner  was  ap- 
pointed, and  not  being  much  acquainted  with  matters  of  diploma- 
cy, I  of  course  take  what  the  Presidenl  said,  as  being  what  he 
meant. 

".SIR.    SLlDELl-'s    LBITER    OF    CREDEM-E. 

J.\MES  K.  POLK, 

President  of  tJtc   L'mttd  stnUs  u/  Awericfi. 

Great  asd  Good  Frienu; — I  have  m.adc  choice  of  Jons  I-slipell.  one  of  our 
(llstinguishcd  citizens,  to  reside  near  the  governinent  of  the  -Mexitan  republic  in  the 
<|uallty  of  Envoy  Extraordinary  and  iMinister  Pleni|totentiary  of  the  l-Inited  ^stales  of 
Aineriea.  He  is  well  informed  of  the  relative  interests  of  the  two  countries,  and  of 
our  sincere  desire  to  restore,  culUvate,  and  stienpthen  friendship  and  good  coirespond- 
ence  between  us;  and,  from  a  knowledge  of  his  tidelily  and  good  conduct.  1  have  en- 
tire confidence  that  he  will  render  himself  acceptable  to  the  IMexican  government,  by 
Ins  constant  endeavors  lo  preserve  and  advance  the  interest  and  happiness  of  both  na- 
tions, i  therefore  rpijiiest  your  excellency  to  receive  him  favorably,  and  to  give  full 
ciedenee  to  whatever  he  shall  say  on  the  part  of  llie  United  States.  And  I  piay  God 
to  have  you  in  his  safe  and  holy  kepjiing. 

"Written  at  the  city  of  Washington  the  tenth  day  of  November,  in  the  year  of  onr 
Lord  one  thousand  eight  hundred  and  forty  live,  and  of  the  imlepemlence  of  the  Uni- 
ted Estates  the  seventieth.     Your  good  friend, 

JAMES  K.  POLK. 

By  the  President; 

James  BtcHA.SAN.  !!seetetary  of  State. 

To  his  Excellency.  Don  Jose  Joai|uim  llerreia,  Ftesidenl  of  the  Mexican  Republic." 

"And  pray  God  lo  have  you  in  his  holy  care  and  keeping."  How 
pious  the  Presidenl  is!  He  prays  for  his  enemies.  This  was  writ- 
ten on  the  10th  of  November.  Now,  I  want  to  read  another  doo- 
umcnt,  to  show  how  Mr.  Polk  was  treating  his  good  friend  on  the 
I.5th  of  June  preceding.  In  a  confidential  communication  from 
the  War  Department,  dated  June  lo,  1845,  lo  General  T.iylor,  I 
find  the  following: 

"The  point  of  your  ultimate  (lestination  is  the  western  fiontiei  of  Texas,  where  you 
will  select  and  oceupv,  on  or  near  the  Rio  Grande  del  Norte,  such  a  site  as  will  con- 
sist with  the  health  of  the  troo|is,  and  will  be  l)e«t  adapted  to  repel  invasion,  aij^  to 
protect  what,  in  the  event  of  annexation,  will  be  out  western  border.  Yon  will  limit 
youi^elf  to  the  defence  of  llic  territory  of  Texas,  unless  Mexico  should  ileclaie  war 
against  the  United  Slates. 

Your  movement  to  the  Gulf  of  Mexico,  and  yonr  preparations  to  embark  for  tlie 
western  frontier  of  Texas,  arc  to  be  made  without  any  delay." 

Well,  now,  what  do  you  think  of  this  pious  President?  On  the 
15lh  of  June,  he  ordered  the  troops  to  be  ready  to  embark  for  the 
coast  of  Mexico,  and  five  months  afterwards,  he  sends  a  messen- 
ger to  General  Herrera.  and  by  the  hands  of  this  messenger,  a 
supplication  to  Almighty  God,  '■'  to  have  him  in  his  safe  and  holy 
keeping."  lest  this  pi^ayer  should  fail,  he  had  taken  the  precaution 
to  seniTGcneral  Taylor  with  his  army,  five  months  before,  lo  take 
him  in  his  care  and  keeping.  Well,  I  will  not  detain  the  Se- 
nate long  on  this  part  of  the  matter.  It  seems  to  me  it  is  too 
plain  for  cavil;  and  if  I  had  the  issue  to  be  tried  before  twelve 
good  men  and  true,  the  first  witness  I  would  call  would  be  Jarnes 
K.  Polk — lor  I  never  knew  a  witness  who  was  conscious  of  telling 
the  truth,  who  found  it  necessary  to  repeat  so  often  the  same  a,s.ser- 
lion.  Why  does  the  President  go  into  so  long  and  labored  an  efl'orl 
lo  prove  that  we  bad  good  cause  of  war?  If  this  were  the  ease, 
and  we  had  not  commenced  it,  instead  of  being  to  our  credit,  it 
would  have  been  a  disgrace  to  us.  It  would  have  shown  us  a  pii- 
sillaninioiis  naiion.  It  is.  therefore,  /f/o  dc  sc  of  his  argument? 
fiecaiise,  iflhis  were  the  case,  it  shows  lhat  vi-o  should  have  done 
what  Ihe  I'rcsident  has  labored  to  show  we  have  not  done.  The 
President  may  conquer  Mexico,  but  he  never  can  suceeed  in  con- 
quering the  triilb.  Ho  may  direct  as  many  guns  to  bear  upon  it 
as  it  would  require  to  silence  a  Mexican  battery,  but  he  will  not 
he  so  successful. 

Well,  if  this  was  the  cause  of  the  wai— if  this  was  the  manner 
in  which  the  war  commenced,  what  are  we  carrying  it  cm  for  now? 
Whaldowepviipi.se'  What  do  we  want?  Why,  in  the  message 
of  the  President  lo  Congress,  in  1846,  he  tells  us  lhat  it  was  not 
conquest  that  ho  desired;    in  the  message  of  this  year  he  modifie 


January  6.] 


THE  TEN  REGIMENT  BILL. 


n 


it  a  little.  Now  the  conquest  he  disavows;  that  is,  he  does  not 
mean  to  take  the  whole  of  Mexico.  I  suppose  that  he  means  to 
divide  It.  very  much  as  Lord  Aberdeen  divided  Oregon  with  him. 
to  take  what  he  wants,  and  leave  the  rest.     He  says: 

"  It  was  never  contemphited  by  me  to  m»ke  a  pemiaiieul  contiueit  of  Mexico:  or 
to  destroy  her  iialionality." 

Well,  sir,  actions  speak  louder  tlian  words,  and  I  need  not  ad- 
monish gentlemen  on  this  floor  of  this  fact,  for  I  have  proof  in  my 
hand.  What  does  the  President  tell  you?  I  heard  it  asserted  hy 
a  Senator  the  other  day,  that  Senators  voted  for  the  appropriation 
of  the  war  under  a  protest.  Tluit  they  did  it  for  nothins^  else  than 
to  reliere  Gen.  Tavlor  from  the  critical  position  in  which  he  was 
placed.  The  President  came  and  made  the  thrillinij  announce- 
ment that  American  blood  had  been  shed  on  American  soil.  And 
while  every  heart  palpitated  at  such  an  outrage,  Senators,  anx- 
ious to  relieve  Gen.  Taylor,  were  now  willing  to  vote  the  supplies 
required,  even  though  the  bill  for  raising  them  was  accompanied 
by  the  declaration  which,  at  that  time,  they  believed  to  be  untrue. 
that  --war  existed  by  the  act  of  Mexico."  They  gave  their  votes 
under  the  protest  that  was  expressly  for  the  relief  of  Gen.  Tay. 
lor.  And  what  does  the  President  now  say  to  those  Senptors? — 
Why,  he  says  you  did  not  mean  any  such  thing.  .  You  could  not 
have  meant  it.  You  knew  that  indemnity  must  be  acquired.  Sc 
nators,  when  you  paused  that, vote,  you  all  meant  to  get  territory. 
The  President  has  said  so.  He  is  your  Executive  officer — surely 
he  ought  to  know;  and  the  President  has  a  right  to  say  it,  be- 
cause actions  speak  louder  than  words.  You  voted  him  the  men 
and  the  money:  you  gave  him  the  sword  and  the  purse,  and  you 
gave  him  unlimited  license,  to  conduct  the  war  as  he  pleased,  and 
now  you  must  pass  this  bill — -give  him  the  ten  regiments  of  reiru- 
lars.  and  afterwards  twenty  regiments  of  volunteers,  and  let  him 
thus,  accordnisT  to  the  Senator  from  Kentucky,  increase  his  availa- 
ble forces  in  Mexico  to  ninety  thousand,  and  go  on,  subjugating 
that  country;  and  what  will  lie  tell  you  at  tlis  next  session?  He 
now  telLs  you:  ^ 

"Congress  could  not  have  meant — when,  in  May,  184(i.  they  appropriated  ten  mil 
hon.^  ofdollari.  and  authorized  tlie  President  to  employ  the  military  and  nav,al  forces 
of  tlie  linited  Slates,  and  to  accept  liie  seI^'^ces  of  lifty  thousand  loliiuteere,  to  ena 
Lie  him  10  prosecute  the  war;  and  when,  at  their  last  session,  and  after  our  army  hail 
Invaded  IVIexico,  they  made  additional  appropriations,  and  authorized  tlie  raising  of 
additional  troops  for  the  same  purpose — that  no  indemnity  was  to  be  ol)tained  from 
Mexico  at  the  conclusion  of  the  war;  and  yet  it  was  certain  that,  if  no  Mexican  terri 
tory  w'as  actiuired,  no  iiidemnitv  could  be  obtained. 

'■ki3  furtiier  manifest  that  Congress  contemplated  territorial  indemnity,  from  the 
fact,  that  at  their  last  session  an  act  was  passed,  ujion  the  Executive  recommendation, 
appropriating  three  millions  of  dollar,  with  that  exjiress  object.  This  apjjropriatioii 
was  made  'to  enalHe  the  Piesident  to  conclude  a  treaty  of  peace,  limits,  and  houiida 
nes  with  tlie  republic  of  Mexico,  to  tie  used  by  liini  in  the  event  that  said  Ireatv,  when 
signerl  by  the  authoiized  aBeuts  of  the  two  goveninients,  and  diilv  ratitied  by  Mexico, 
shall  call  for  the  ex|ienditure  of  the  same,  or  any  part  thereof.'  The  object  of  askin<! 
this  appropriation  «'as  distinctly  stated  in  the  sevcial  messages  on  the  subject  which  1 
communicated  to  Congiess."  « 

Vote  him  the  men  and  money  he  now  asks,  and  what  will 
he  tell  you  at  the  next  session?  AVhy,  that  Congress  intended  to 
overrun  all  Mexico!  He  wifl  say, — you  meant  that  1  should  carrv 
destruction  throughout  the  whole  of  that  country — that 

*'  I  should  dip  my  sword  in  blood,  and  write  my  name 
On  desolated  lands  and  cities." 

And  he  would  have  a  right  to  say  so!  Vote  him  the  men  and  the 
money  he  wants — let  him  have  ninety  thousand  troops  there,  and 
he  will  enact  scenes,  that  perhaps  we  little  think  of;  and  at  the 
next  session,  he  will  come  and  tell  ns.  that  that  was  what  we 
meant,  and  he  will  have  a  right  to  do  .so,  because  actions  speak 
louder  than  words.  We  certainly,  in  giving  our  votes,  must  be 
supposed  to  have  some  object  to  attain — that  object,  the  President 
can  construe  for  himself. 

In  regard  to  the  amendment  which  has  been  proposed  to  this 
bill,  instead  of  making  it  better,  it  leaves  it  more  obnoxious  still. 
It  leaves  it  to  the  President's  discretion  whether  to  cniliudv  these 
troops  or  not;  but  that  is  the  very  thing  we  ought  not  to  do.  He 
has  had  discretion  enough.  Was  it  not  at  his  discretion  that  our 
troops  were  marched  to  the  Rio  Grande?  It  seems  to  me  that  the 
true  course  is  to  take  the  discretion  into  our  own  hands,  and  make 
specific  appropriations  for  specific  objects.  Then  we  shall  know 
for  what  objects  they  are  made. 

But  the  President  says  now,  he  does  not  want  the  conquest  of 
the  whole  of  Mexico,  but  he  wants  indemnity  and  security.  Well, 
these  are  words  easily  pronounced.  But  we  had  a  good  old  lesson 
in  New  England,  requiring  the  definition  of  words  to  be  given. 
Indemnity  for  ■what?— Sectuity  for  what?— I  find  the  indemnity  he 
wanted  was  not  only  indemnity  for  our  claims,  and  for  all  the  ex- 
penses of  the  war,  but  in  addition  to  all  this,  he  wanted  to  drive  a 
bargain  with  them- — he  was  not  willing  to  make  peace  unless  they 
would  sell  him  a  part  of  their  coundy  with  its  inhabitants,  for  I 
read  in  the  5th  and  6th  arliclcs  of  the  treaty  proposed  by  our  o-ov- 
ernment  to  Mexico,  as  follows,  viz  : 

"Art.  5.  [n  consideration  of  the  extension  of  the  limits  of  the  United  Slates  as 
they  are  detined  by  the  preceding  article,  and  by  Uie  stipulations  wliicli  are  further 
contained  in  article  8.  Uie  United  States  abandon  forever  against  the  United  Mexican 
Btates  all  reclamation  on  account  of  the  costs  of  this  war;  and,  besides,  wree  to  nav 
10  the  United  Mexican  States,  in  the  city  ol  Mexico,  the  sum  of . 

e  ,i^^7  ^:  I?  "^l'  ^siJeiation  of  the  stipulations  contained  in  Articles  4  and  8 
of  this  reaty  the  United  Stales  agree  to  assume  and  pa,  all  sums  at  present  due  to 
l''n'"ftJ  !,'h°,  """f  *l>"^h  may  be  hereafte,  established,  according  to  the  convention 
concluded  between  the  two  Republic.,  in  thecny  of  .Mexico,  on  lheS»th  of  Januarv 


1843,  to  provide  for  the  payment  of  what  shall  he  decided  in  favor  of  the  claimants, 
according  to  a  convention  between  the  United  States  and  the  Mexican  Republic,  on 
the  11th  oi'  .-Vpril.  1H39.  .\iid  the  United  States  equallv  agree  to  assume  ami  pay  ah 
ri.'laniations  of  citizens  of  the  United  States  against  the  GToverument  of  the  United 
Mexican  States,  not  previously  decided,  to  an  amount  not  exceeding  three  millions  of 
dollars  which  have  arisen  prior  to  the  IKtb  of  .M.xy.  184G.  and  which  shall  be  adjudg 
,ed  10  be  due  by  a  commission  established  by  the  Government  of  llie  United  Stales, 
whose  decision  shall  be  definitive  and  conclusive  :  hrovidej.  nlwttys.  That  in  deci 
ding  on  ibe  validity  of  the  said  demands.  Uie  commission  shall  be  guided  and  govern- 
ed by  Ihe  principles  and  rules  prescribed  by  the  tiral  and  lilih  anicles  of  the  unratiGed 
convenlion,  concluded  in  the  city  of  .Mexico  on  the  'iUlb  of  November,  1H43,  and  in 
no  case  shall  they  give  judgment  in  faioi  of  any  claim  mil  embraced  by  these  prin 
ciples  and  rules.  And  the  T.fniled  Slates,  for  the  present  and  future,  exonerate  the 
United  Mexican  .States  from  any  of  the  said  demands  whalsoever,  whi(.4i  may  be 
admitted  or  rejected  by  said  board  of  coinmissionen." 

He  requires  payment  of  our  unliquidated  claims — he  requires  the 
expenses  of  the  war,  and  in  addition  to  these,  he  requires  that  they 
shall  sell  him  just  as  much  territory  as  he  sees  fit  to  buy  at  his 
own  price — this  is  the  indemnity  and  security  he  wants.  Are  Se- 
nators prepared  to  sanction  these  views  ?  Can  they  face  the  indig- 
nation of  the  world,  after  having  insisted  on  them  ?  Here  is  a  go- 
vernment enfeebled — broken  down — a  )ieoplc  distracted — having  a 
natural  attachment  to  the  homes  of  their  birth — to  the  soil  beneath 
which  moulder  the  bones  of  their  fathers— and  because  they  do  not 
choose  to  sell  their  country  and  themselves,  the  President  says  the 
war  must  be  prosecuted  and  carried  into  the  vital  parts  of  Mexico. 
Well  now,  the  course  of  the  President  seems  to  me  decidedly  re- 
prehensible. Perhaps  I  have  commented  upon  it  in  a  manner  not 
quite  becomhig  to  this  place — -I  hope  not. 

I  cannot  help  remarking  in  justice  to  him.  that  he  has  no!  shown 
a  disposition  for  war  in  all  cases.  I  think  in  the  management  of 
the  Oregou  treaty  he  exhibited  a  Christian  meekness  to  a  surpri- 
sing degree.  But  he  did  not  inherit  the  blessing  of  the  meek.  He 
did  not  get  the  land.  He  would  not  submit  to  arbitration.  Well, 
how  did  he  settle  it  ? 

Let  Mr.  Pakcnliam,  the  Brilish  Minister,  tell  liis  own  story  : 

"  Wasiiinoton,  June  13,  \MG. 

"Mv  LoRn  :  in  conformity  with  what  1  had  the  honor  to  state  in  my  despatch 
(No.  6^)  of  the  7lh  instant,  the  I'lesident  sent  a  messa^ie  on  Wednesday  last  to  the 
Senate,  submitting  for  the  opinion  of  Ihatbody,  lhedr,aft  of  a  contention  for  the  set 
tletnenl  of  the  OrCL'on  question,  which  I  was  instructed  by  your  Lordship's  despatch 
fNo.  19)  of  the  I8th  Mav ,  to  propose  for  the  acceptance  of  the  United  States. 

"  After  a  few  hours  deliberation  on  each  of  the  three  days,  (Wednesday,  Thursday 
and  Friday,)  the  Senate  by  a  majority  of  .*18  votes  to  1'2,  ailopted  yesterday  evening  u 
resolution  advising  the  Presuient  to  accept  the  terms  pro{iosed  by  her  Majesty's  goveru 
ment.  The  President  did  not  hesitate  to  act  on  this  advice,  and  Mr.  Buchanan  ac- 
cordin^ly  sent  for  me  this  morning,  and  informed  me  that  the  coni.ilions  ottered  by  ber 
Majesi^y's  government  were  accepleil  hy  the  gowmment  of  the  United  States,  with- 
out the  addition  or  alteration  of  a  single  word. 

"  I  have  the  honor  to  be,  &c.. 

"R    PAKP.NHAM. 

"  The  Right  Hon.  the  Earl  of  .\herdeen." 

He  takes  it  just  exactly  as  it  was  cooked  up  for  him,  very  much 
as  sick  children  are  directed  to  do  when  they  have  an  unpalatable 
dose  of  medicine  to  take — "shut  your  eyes,  and  open  your  mouth, 
and  down  with  it."  Now.  I  have  not  a  word  to  say  against  the 
settlement  of  the  Oregon  question;  but  it  seems  to  me  that  it  would 
have  read  a  little  bcttei'  in  history,  if  it  had  not  bcHii  preceded  bv 
so  much  blustering  and  bragging.  And  it  was  a  little  amusing,  to 
see  the  efiect  it  had  on  our  eajtern  democracy.  The  man  who 
did  not  go  for  .54"  40',  was  a  federalist,  a  traitor;  and  some  were 
so  zealous  that  they  even  got  up  to  54"  49 1.  Upon  them  Ihe  trea- 
ty came  like  a  thunderclap,  and  they  had  to  reverse  the  steam  so 
suddenly  tliat  it  came  nigh  producing  a  fatal  collapse  in  the  party. 

Bui,  sir.  the  President  is  not  so  enlirely  warlike  in  his  nature  as 
his  conduct  to  Mexico  would  indicate;  he  has  other  and  milder 
qualities;  he  merely  has  none  of  that  ferocious  spirit,  character- 
ised iiy  the  poet  as — 

"  That  stern  joy  which  warriors  feel 
In  foeinea  woit'iy  of  their  steel." 

It  is  a  colder  country  at  54°  40'.  Now,  if  right  in  tbo  posilion 
I  have  taken  here,  the  question  is.  what  is  the  duty  of  the  Ameri 
can  Senate?  What  are  they  to  do?  To  go  on  and  vote  these  ten 
regiments?  The  honorable  Senator  from  Kentucky,  the  other  day, 
said  he  did  not  know  why  regulars  were  preferred  to  volunteeis. 
I  tlo  not  know  that  I  do.     But  Yankees  jjuess  sometimes. 

War  is  to  be  made,  sir.  not  only  upon  Mexico,  but  on  the  free 
laborers  of  the  country,  and  the  first  onslaught  is  to  be  made  in  the 
shape  of  a  lax  on  tea  and  coffee ;  and  it  is  the  patronage  which 
the  creation  of  these  ten  regiments  is  to  give  him,  which  he  thinks 
will  enable  him  to  ert'cct  it,  and  the  President  has  probably  come 
to  the  conclusion  taught  by  the  experience  of  the  past,  that  with 
the  patronage  of  ten  regiments  at  his  command,  "  some  things 
may  be  done  as'  well  as  others.'^ 

I  think  the  Senator  from  Kentucky,  with  his  great  acumen,  if 
he  looks  through  his  glasses,  may  discover  why  the  President  pre- 
fers regulars. 

Well,  why  cannot  Senators  who  think  with  me,  that  the  war  is 
wropg,  radically  wrong,  come  out  and  declare  so  hy  their  votes  ? 
Why  sit  here  denouncing  the  President,  and  then  be  guiltv  of  the 
inconsislency — willi  all  due  deference  I  s.ay  it — of  voting  men  and 
money  to  carry  on  the  war  ?  VVhy.  it  is  said  it  would  be  unpopu- 
lar to  withhold  the  supplies.  Are  we  afraid  to  trust  the  people 
with  a  great  question  of  right  ?  Sir,  I  think  those  who  are  afraid 
to  trust  the  people,  underrate  them.  Are  men  afraid  to  do  that 
whii^h  is  right  because  it  may  not  be  popular  ?  Sir,  it  is  this  ghost 
of  the  unpopularity  of  opposition  to  the  war,  which  seems  to  sit 
like  a  nightmare  upon  American  statesmen.  Sir,  I  think  there 
was  more  truth  than  poetry  in  what  was  said  by  a  western  man. 


80 


THE  TEN  REGIMENT  BILL. 


fTnURSDAY, 


He  said  he  got  caught  bj  opposing  thp  last  war,  and  he  did  not 
mean  to  "et  caui^ht  atjain — lie  intended  now  to  iro  for  war,  j)esti- 
leiiee.  and  famine.  And  I  think  there  is  a  good  deal  of  that  feeling 
in  the  country  now.     Men  are  afraid  to  tal<c  a  bold  stand. 

It  is  said  tlic  ]ieople  have  already  deeitled  this  matter;  thai  they 
have  settled  that  the  war  shall  be  pro.sciiiIf<l.  I  deny  it  enlirely. 
I  do  not  believe  it.  The  pcojile  have  settled  il  !  I  have  never  met 
amonu  the  pe(i|ile.  one  in  ten,  who  tlii>u<;l>l  the  war  was  right,  or 
thoiii^lit  that  it  would  be  right  farther  lo  prosecute  it. 

I  believe,  sir,  that  the  heart  of  this  whole  people  is  sick  of  this 
miserable,  temporizing  policy,  which  is  putting  justice,  and  right, 
and  truth  out,  in  order  that  expediency  may  walk  in  and  govern, 
and  control,  and  direct  our  actions,  f  wish  that  the  c.\i)criuicnl 
might  be  tried  by  Congress  of  actini;  and  voting  on  this  matter 
according  to  the  convictions  of  their  own  undcistanding  as  ex- 
pressed by  themselves,  when  I  hey  speak  of  the  eliaracler  of  this 
war.  I  listened,  the  other  day,  "with  great  pleasure,  to  the  re- 
irlarks  of  the  honorable  Senator  from  Soulli  Carolina.  I  trust  1 
heard  with  prolit.  the  suggestions  wlilr-h  he  threw  out.  when 
speaking  on  his  resolutions.  But,  I  confc-^s  1  hal  1  was  somewhat 
astonished  that  a  man  of  his  great  c.xpciicnce — his  vast  Icarnmg — 
his  keen  observation — could  really  think  that  there  could  be  any 
virtue  in  the  passage  of  these  resolutions.  I  would  like,  indeed, 
to  see  those  resolutions  passed,  not  that  I  think  their  pa.'^sage 
would  do  any  goipd  in  the  world  in  the  prcscnl  eniergeiicy.  Hut  they 
might .  if  ailnplcd,  serve  as  a  j^ort  of  hind-uiark,  showing  wilii 
wli;ii  rapidliv  and  wliiil  proclivity  we  have  traveled  the  road  to  ruin. 
But  that  there  would  be  any  virtue  in  them  I  have  not  the  Icasl  idea. 
Pass  these  resohilions  unanimously,  in  both  branches  of  Congress, 
and  let  the  President  apjiend  to  them  his  u.sual  declaration  that 
the  war  was  conuueiiceil  by  Mexico;  nay,  you  may  go  beyond 
that,  and  with  all  the  forms  ;'inil  solcnmities  with  which  ynu  could 
embody  them,  you  uiav  make  ihem  pari  of  llic  written  fundamen- 
tal constitution  ol  the  laud,  and  what  would  they  be  worth?  Not 
the  ))aper  upon  which  they  are  written;  for  the  very  moment  that 
they  stand  in  the  way  of  a  popular  majority  they  would  be  utterly 
set  at  naught.  He  that  is  not  persuaded  of  thai,  has  not  read,  it 
seems  to  me,  the  first  primer  of  our  history.  I  think  that  the  reso- 
lutions themselves  contain  rnucli  that  is  just  and  true,  and  that 
the  passage  of  them  might  be  of  some  consequence  in  the  way 
which  I  have  suggested.  But  that  their  passage  would  cheek  the 
downward  tendency  of  alfairs  is  altogether  out  of  the  question. 

I  believe  that  the  people  desire  us  to  go  right,  and  that  we  have 
not  faith  enough  in  the  people.  Nothing  is  more  common  than  to 
find  aspirants  for  public  favcn,  flattering  the  people  and  continually 
praising  their  intelligence  and  patriotism,  and  everything  which 
gives  value  and  dignity  to  the  human  character.  But  you  do  not 
find  these  eulogists  of'the  public  virtue  at  all  prepared  to  venture 
a  little  upon  the  intelligonce  which  they  vaunt  so  much,  There  is 
faith  in  expediency,  in  policy  ;  in  everything  but  justice,  truth  and 
right. 

The  present  is,  I  believe,  a  critical  period  in  our  history.  I  be- 
lieve that  it  is  presumptnons  in  us  to  affirm,  as  the  President  has 
atfirnied  in  his  message,  that  the  great  question  of  the  capability 
of  man  for  selfgovernment  has  been  settled.  It  is  not  settled,  sir. 
We  are  now  settling  it.  Whether  the  manner  in  which  we  are 
settling  it  will  favorably  or  unfavorably  alfect  the  condition  of 
■iiankind  hereafter,  yet  rcnuiiiis  to  be  seen  in  the  future.  We  are 
settling  the  question  not  only  for  ourselves,  bnl  for  all  who  are  to 
come  after  us.  It'  here  the  experiment  of  sell-government  should 
fail,  who  can  estimate  the  consequences  to  our  race?  We  are  to- 
day writing  our  history.  We  are  impressing  that  liitle  space 
which  we  occupv  between  the  past  and  the  future,  with  footstejis 
which  will  be  indelible.  Whither  are  those  footsteps  now  tending? 
Shall  those  who  are  to  succeed  us,  find  that  the  course  which  we 
are  now  pursuing,  led  to  the  broad  fields  ol'  liberty,  of  peace,  and 
of  prosperity?  Or  shall  it  be,  that  we  are  only  erecting  monu- 
ments marking  the  bye-paths  that  lead  to  the  pittalls  of  destruc- 
tion? These  are  questions  that  must  come  home  to  the  heart  of 
every  man  who  loves  his  country,  and  prizes  its  free  institutions, 
and  sees  the  dangers  which  now  threaten  them.  Are  we  so  blind, 
so  fanatical,  so  stupid,  as  to  believe  that  the  great  laws  of  the 
physical  and  moral  world  are  to  be  reversed  in  our  favor?  Are  we 
emphatically  the  children  of  destiny?  Can  we  take  our  destiny  in 
our  own  hands,  and  control  it?  Not  so.  It  seems  to  me  that 
there  is  a  light  streaming  down  the  pathway  of  ages,  illuminating 


the  destiny  of  nations,  and  that  it  is  written  in  glaring  charac- 
ters— retribution.  It  is  a  law  in  operation  all  around  us — in  the 
phvsical,  moral,  and  iiofitical  world.  It  is  true  of  nations  as  of 
individuals,  "whatsoever  a  man  sows,  that  shall  he  also  reap." 
I  would  ask  those  disposed  to  look  at  this  question  in  the  light 
of  history,  to  go  back,  and  by  its  aid,  trace  the  long  vista  of  acres 
that  have  clap.sed.  Let  them  go  back,  if  they  will,  to  the  morn- 
ing of  creation,  ^\'hen  all  the  sons  of  God  shouted  ttigelher  for  joy 
that  Alinighl}^  Power  bad  s])oken  a  new  world  into  being;  und 
they  will  not  find  it  recorded  in  any  page  of  that  history,  that  any 
nation  ever  sowed  the  seeds  of  war  and  slavery,  and  reaiied  the 
iriiits  ol"  peace  and  liberty.  No!  that  jiassage  remains  to  be  writ- 
ten; and  it  requires  no  very  great  etfort  of  the  imagination  to  fan- 
cy that  we  can  now  hear  the  voice  of  all  nations  of  the  past  sound- 
ing a  solemn  warning  in  our  ears.  Let  us  beware,  lest  that  fate 
which  has  constantly  followed  such  a  cour.se  of  policy  may  not 
soon  be  ours. 

I  have  thus  endeavored  to  discharge  my  duty.  I  am  quite  aware 
of  the  imperfection  of  the  effort.  But  before  l  conclude,  I  wish  to 
say  a  single  word  |icrsonal  to  myself,  and  to  let  you  know,  sir,  and 
the  Senate  know,  that  if  it  be  lanaticism  which  I  have  uttered,  I 
am  not  alone  responsible  for  it.  It  i.s  not  peculiar  to  myself,  sir, 
nor  those  with  whom  T  act.  We  had,  a  year  or  so  ago,  iit  the 
State  of  New  H:iniiishirc,  a  pair  of  democratic  organs,  and  it  was 
rather  doubtful  whether  they  were  enlirely  harmonious.  But  in 
M;iy.  these  New  Hanipslilre  "patriots"  came  together — they  had 
an  annexation — and  when  they  came  together,  they  undertook  to 
define  the  true  democratic  falih  upon  this  very  doctrine  of  slavery. 
I  read  from  the  "New  Hampshire  Patriot"  of  27tb  May,  1847. 

[Mr.  Hale  here  read  extracts  from  the  "New  Hampshire  Pa- 
triot," contending  that  the  democrats  of  .slave  States  were  friend- 
ly to  abtditlou,  and  would  ultimately  efl'ect  it.] 

That  is  'New  Hampshire  Patriot"  democrac)' — about  tw'elve 
months  old.  So,  i(  I  am  fanatical,  I  am  not  without  authority  for 
my  fanaticism  ;  and  a  man  may,  it  seems,  entertain  all  the  senti-  ■ 
inenls  which  !  have  advanced  without  being  cast  out  of  the  pale  of 
the  democracy  as  it  is  now  organized.  But  I  leave  the  subject. 
I  thank  the  Senate  for  the  patience,  kindness  and  cani^or  with 
whicli  I  have  been  heard.  It  is  no  pleasant  duty  that  I  have  per- 
formed. It  Is  not  agreeable  to  my  leellngs  to  Dccupv  the  jilacc  of 
an  Islnnaelite  here  ;  my  hand  being  against  every  man's,  and  everv 
man's  hand  against  mine.  If  any  remarks  have  fallen  from  me, 
odensive  to  the  feelings  of  a  single  Senator,  of  whicli  I  am  whollv 
nneonscious,  I  can  assure  him  from  the  bottom  of  my  heart  that 
they  were  altogether  unintentional.  I  have  endeavored  to  deal 
with  principles  and  measures,  not  with  men.  I  believe  that  tl  e 
institutions  of  the  country  are  endangered.  I  believe  that  the 
course  in  which  we  are  proceeding,  unless  our  career  be  arrested, 
will  most  inevitably  conduct  us  to  destruction  ;  and  I  have  thrown 
out  thfse  suggestions,  in  the  hope  of  doing  something,  however 
feeble  the  attempt,  in  order  to  excite  correct  public  .sentiment  on 
this  all-vital  question.  ' 

The  question  being  then  on  the  passage  of  the  bill, 

Mr.  BALDWIN  Inquired  If  the  yens  and  nays  had  been  deman- 
ded . 

The  PRESIDING  OFFICER  replied  In  the  negative. 
Mr.  BALDWIN  then  called  for  the  yeas  and  nays. 

Mr.  JOHNSON  of  Maryland  rose  to  move  an  adjournment,  in 
order  to  allow  opportunity  for  further  discussion  of  the  bill,  but 
withdrew  his  motion  at   the  request  of 

Mr.  CASS,  who  stated  there  was  some  executive  business  which 
demanded  attention. 

The  Senate  tlicu  proceeded  to  the  consideration  of  executive 
business . 

After  a  short  time  so  oecniiied.  the  door  was  o()ened,  and 

On  motion. 
The  Senate  Hdjourned. 


January  10.] 


PETITIONS  AND  MEMORIALS. 


81 


MONDAY,  JANUARY  10,  1848. 


NATIONAL  ARMORIKS. 

The  VICE  PRESIDE;<T  laid  before  tlie  Senate  a  report  of 
the  Secretary  of  War,  made  agreeably  to  law,  accompanied  by  a 
statement  of  the  expenses  of  the  National  Armories,  together  with 
an  account  of  the  arms  made  and  repaired  therem  during  the  liscal 
year  ending  June  30,  1847. 

CLERKS    IN    THE    OFFICE    OF    THE     SECRETARY    OF    THE     SENATE. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the 
Secretary  of  the  Senate,  made  in  compliance  with  the  llth  section 
of  the  act  of  the  2Glh  of  August,  1842,  showing  the  persons  em- 
ployed in  the  office  of  the  Secretary  of  the  Senate,  diu'ing  the  year 
1847,  and  the  amount  paid  to  each. 

PROCEEDINGS   AND    DEB.A.TES. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  letter  from 
James  A.  Houston  in  relation  to  the  publication  of  the  reported 
proceedings  and  debates  of  the  Senate;  which  was  read. 

On  motion  by  Mr.  MANGUM,  it  was 

Ordered,  That  it  be  referred  to  the  select  committeo  on  the  sub- 
ject. 


PETITIONS. 

Mr.  CLAYTON  presented  a  memorial  of  the  Representatives 
of  the  Religious  Society  of  Friends  for  the  States  of  New  York, 
Vermont,  Mieliigan  and  other  places  adjacent,  praying  the  adop- 
tion of  peaceful  measures  for  terminating  the  war  with  Mexico. 

Mr.  CLAYTON  moved  that  the  memorial  be  read  and  printed. 

The  memorial  having  been  read,  the  question  was  stated  to  be 
upon  the  motion  to  print. 

Mr.  ATHERTON.— I  believe  sir,  that,  under  the  rule,  the  me- 
morial goes  to  the  Committee  on  Printing.  If  not,  I  move  that 
it  be  so  referred. 

Mr.  CLAYTON  asked  for  the  reading  of  the  rule. 
It  was  read  by  the  Secretary. 

Mr.  CLAYTON — I  perceive  that  it  must  go  to  the  Committee 
under  the  rule. 

The  motion  to  print  was  accordingly  referred  to  the  Committee 
on  Printing. 

Mr.  ATCHISON  presented  the  petition  of  Charles  Findlay,  re- 
presentative of  P.  Chotean,  Jr.,  praying  payment  of  certain  mo- 
nies due  him  under  the  treaty  of  August  8,  1831,  between  the  Uni- 
ted States  and  the  Shawnee  Indians;  which  was  referred  to  the 
Committee  on  Indian  Affairs. 

Mr.  CALHOUN  presented  a  memorial  of  Pilots  of  the  Bar  and 
Harbor  of  Charleston,  South  Carolina,  praying  the  repeal  of  the 
act  of  March  2d,  1837,  concerning  Pilots;  which  was  referred  to  the 
Committee  on  Commerce,  and  ordered  to  be  printed. 

Mr.  FELCH  presented  the  petition  of  citizens  of  Washtenaw 
county,  Michigan,  praying  the  repeal  of  all  laws  of  Congress  which 
in  anywise  sanction  the  existence  of  slavery  in  the  United  States; 
the  motion  to  receive  which  was  laid  upon  the  table. 

Mr.  FELCH  presented  the  petition  of  citizens  of  the  county  of 
Washtenaw,  Michigan,  praying  the  adoption  of  measures  to  pre- 
vent the  acquisition  of  additional  territory,  unless  on  condition  that 
slavery  be  prohibited  therein;  which  was  referred  to  the  Commit- 
tee on  Foreign  Relations. 

Mr.  FELCH  presented  the  memorial  of  Catharme  Hoffman,  wi- 
dow of  Lieut.  Col.  William  Hoffman,  deceased,  late  of  the  army 
of  the  United  States,  praying  a  pension;  which  was  referred  to 
the  Committee  on  Pensions. 

Mr.  WESTCOTT  presented  a  memorial  of  the  Governor,  mem- 
bers of  the  Legislature,  and  other  citizens  of  the  State  of  Florida, 
praying  that  compensation  may  be  made  to  Tony  Proctor,  a  free 
coloreS  man,  for  services  as  an  interpreter  to  the  Seminole  Indians 
in  1823  and  '24;  which  was  referred  to  the  Committee  on  Indian 
Affairs. 

Mr.  WESTCOTT  said  ;  I  ask  to  be  indulged  in  one  or  two  re- 
marks  in  relation  to  this  petition  at  this  time.    It  is  not  signed  by 

30th  Cong.— 1st  Session—No.  U. 


the  individual  for  whom  relief  is  asked.  The  application  is  in  be- 
half of  an  old  free  negro  who,  for  seventy  years  past,  has  been  the 
faithful  interpreter  for  the  Spanish  government  and  that  of  the  Uni- 
ted States  with  the  Seminoles;  and  the  petition  is  signed  by  the 
Executive  and  Legislative  authorities  of  the  Stale  ol  Florida. — 
Tony  Proctor,  the  interpreter,  was  long  in  pay  of  the  United  States, 
but  for  some  cause  sixteen  months  pay  has  been  withheld  from 
him.  He  is  now  upwards  of  one  hundred  years  old.  I  hope  my 
friend,  the  Senator  from  Missouri,  Chairman  of  the  Indian  Commit- 
tee, [Mr.  Atchison]  will  notice  this  fact,  and  he  will  see  that  if 
the  relief  asked  is  not  granted  forthwith,  it  will  probably  come  too 
late.  I  hope  the  delay,  too  usual  in  Congress,  will  not  be  allowed 
in  this  case. 

Mr.  DAYTON  presented  the  memorial  of  Mary  Brognard, 
widow  of  John  Brognard,  a  non-commissioned  officer  attached  to 
the  Allied  French  corps  in  the  revolutionary  war,  praying  a  pen- 
.sion;  which  was  referred  to  the  Committee  on  Pensions. 

Mr.  DAYTON  presented  the  petition  of  Aaron  Carman,  pray- 
ing that  letters-patent  may  issue  to  him  for  an  improvement  in- 
vented by  him  in  the  construction  of  the  plough;  which  was  re- 
ferred to  the  Committee  on  Patents  and  the  Patent  Office. 

Mr.  BREESE  presented  the  petition  of  John  H.  Kinzie,  and 
others,  assignees  of  certain  Pottawottamio  Indians,  praying  the 
relinquishment  of  the  rever-sionary  interest  of  the  United  States  in 
the  lands  purchased  by  them;  which  was  referred  to  the  Comniitteo 
on  Indian  Affairs. 

Mr.  MASON  submitted  additional  documents  relating  to  the 
claim  of  Richard  G.  Dove,  which,  with  his  petition,  on  the  files  of 
the  Senate,  were  referred  to  the  Committee  of  Claims. 

Mr.  MASON  presented  the  petition  of  Archibald  Williams,  and 
Charles  Griffon,  praying  compensation  for  supplies  furnished  the 
Florida  militia  in  the  Seminole  war;  which  was  referred  to  the 
Committee  of  Claims. 

Mr.  MASON  presented  the  petition  of  LeRoy  Hammond, 
praying  compensation  for  the  use  of  his  wagon  and'  team  in  the 
military  service  of  the  United  States  during  the  last  war  with 
Great  Britain;  which  was  referred  to  the  Committee  of  Claims. 

Mr.  MASON  presented  the  petition  of  John  H.  Williams,  pray- 
ing to  be  allowed  the  bounty  granted  by  the  act  of  1833,  on  his  re- 
enlistment  in  the  Marine  Corps;  which  was  referred  to  the  Com- 
mittee on  Military  Affairs. 

Mr.  MASON  submitted  a  dociuuent  relating  to  the  claim  of 
John  H.  Williams,  for  pay  due  him  as  a  private  in  the  Marine 
Corps;  which  was  referred  to  thg  Committee  on  Naval  Affairs. 

Mr.  MASON  presented  the  petition  of  Abel  Gray,  a  Sergeant 
in  the  Marine  Corps,  praying  compensation  for  extra  duty  per- 
formed by  him;  which  was  referred  to  the  Committee  on  Naval 
Affairs. 

Mr.  MASON  presented  the  petition  of  John  H.  Williams,  pray- 
ing compensation  for  services  as  schoolmaster  on  board  the  United 
.States'  ships  Java  and  Delaware;  which  was  referred  to  the  Com- 
mittee on  Naval  Affairs. 

Mr.  BUTLER  presented  an  abstract  of  the  report  of  a  com- 
mittee of  the  Chamber  of  Commerce,  of  Charleston,  South  Caro- 
lina, recommending  the  establishment  of  a  branch  mint  at  that 
place;  wliich  was  referred  to  the  Committee  on  Finance. 

Mr.  BRIGHT  presented  the  petition  of  D.  C.  Buell,  praying 
compensation  for  a  horse  lost  in  the  military  service  of  the  United 
States;  which  was  referred  to  the  Committee  of  Clauns. 

Mr.  BELL  presented  the  petition  of  Mary  Connelly,  widow  of 
a  deceased  revolutionary  soldier,  praying  a  renewal  of  her  pen- 
sion ;  which  was  referred  to  the  Committee  on  Pensions. 

Mr.  BRADBURY  presented  the  petition  of  Patrick  Walker, 
praying  an  increase  of  pension;  which  was  referred  to  the  Com- 
mittee on  Pensions. 

Mr.  CAMERON  presented  the  petition  of  the  Philadelphia  Fe- 
male Anti-Slavery  Society,  praying  the  adoption  of  some  plan  for 
the  immediate  peaceful  dissolution  of  the  Union  ;  the  motion  to 
receive  which  was  laid^n  the  table. 

Mr.  CAMERON  presented  the  petition  of  John  Stanert,  a  sol . 


82 


BILLS  AND  RESOLUTIONS. 


[Monday, 


dier  in  the  last  war  with  Great  Britain,  praying  arrears  of  pen- 
sion; which  was  referred  to  the  Committee  of  Claims. 

Mr.  BADGER  presented  a  memorial  of  merchants  and  others, 
and  a  memorial  of  masters  of  vessels  and  others,  enframed  in  the 
navi"ation  and  commerce  of  the  port  of  Wilmington.  North  Caro- 
lina "also,  a  memorial  of  Pilots  on  the  Cape  Foar  nvev  and  bars, 
severally  praying  the  establishment  of  additional  hghts  and  buoys 
in  the  Cape  Fear  river;  which  were  rclerred  to  the  Committee 
on  Commerce. 

On  motion  by  Mr.  ATHERTON,  it  was 

Ordered,  That  leave  bo  granted  to  withdraw  the  documents  on 
the  files  of  the  Senate  relating  to  the  claims  of  the  State  ot  INew 
Hampshire  against  the  United  States. 

On  motion  by  Mr.  MANGUM,  it  was 

Ordered,  That  the  petition  of  Michael  Hanson,  on  the  files  of 
the  Senate,  be  referred  to  the  Committee  on  Naval  AtTairs. 

On  motion  by  Mr.  ATCHISON,  it  was 

Ordered,  That  the  petition  of  Thomas  H.  Noble,  on  the  files 
of  the  Senate,  be  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  BRADBURY,  it  was 

Ordered,  That  the  petition  of  William  Davis,  on  the  files  of  the 
Senate,  be  referred  to  the  Committee  on  Naval  Affairs. 

On  motion  by  Mr.  BRADBURY,  it  was 

Ordered,  That  the  petition  of  Ebenezer  Whitten,  on  the  files  of 
the  Senate,  be  referred  to  the  Committee  on  Naval  AfTairs. 

On  motion  by  Mr.  CORWIN,  it  was 

Ordered,  That  John  P.  Converse  have  leave  to  withdraw  his 
petition  and  papers. 

NOTICE    OF     BILLS. 

Mr.  FELCH  gave  notice  that  on  to  .morrow,  or  at  some  early 
day,  he  would  ask  leave  of  the  Senate  to  introduce  a  bill  to  apply 
certain  alternate  sections  of  the  public  domain  towards  the  com- 
pletion of  works  of  internal  improvement  in  the  State  of  Michigan, 
and  for  other  purposes. 

Mr.  RUSK  gave  notice  that  on  to-morrow,  or  at  an  early  day, 
he  would  ask  leave  of  the  Senate  to  introduce  a  bill  to  establish  an 
additional  District  Court  in  Texas. 

Mr.  DOUGLAS  gave  notice  that  on  to-morrow,  or  at  an  early 
day,  he  would  ask  leave  of  the  Senate  to  introduce  a  bill  to  estab- 
lisU  the  Territory  of  Minesota. 

BEL.\TI0N3    WITH    MEXICO. 

Mr.  HANNEGAN  submitted  the  following  resolutions  for  con- 
sideration: 

Hcsolved,  Tliat  no  treaty  of  pence  can  lie  made  willi  Mexico,  having  a  proper  re- 
gard Ibi  tile  best  jntcrehls  of  the  United  States,  which  does  not  establish  as  a  bounda- 
ry between  the  two  nations  the  most  suitable  line  lor  military  defence. 

Jiesotveil,  That  in  no  contingency  can  the  United  St.ites  consen*  to  the  establish- 
ment of  .Monarchical  Government,  witliiii  the  limits  of  Me.vico,  by  the  intervention 
of  European  power. 

Hcsolvtd,  That  it  may  become  necessary  and  proper,  as  it  is  within  tlie  constitution- 
al capacity  of  this  government,  for  the  llnited  Stales  to  hold  Mexico  as  a  territorial 
apjwndage. 

The  rcsolulitnis  having  been  read, 

Mr.  HANNEGAN  said — I  ask  that  the  resolutions  be  printed; 
and  as  it  would  not  be  strictly  in  order,  I  shall  refrain  from  saying 
anything  in  relation  to  them  at  present.  1  ask  that  they  be  made 
the  order  of  the  day  for  this  day  two  weeks,  inasmuch  as  by  that 
time  the  bills  will  have  been  disposed  of  which  are  now  before  the 
Senate.  I  will  only  add  that  the  resolutions  are  not  entirely  ab- 
stractions.    They  propose  something  definite  and  pointed. 

It  was  then  ordered,  that  the  resolutions  bo  printed  for  the  use 
of  the  Senate,  and  that  they  be  made  the  s])ecial  order  for  this  day 
two  weeks. 

CHANGES    OF    REFERENCE. 

On  motion  by  Mr.  ASHLEY,  it  was 

Ordered,  That  the  Committee  on  Public  Lands  be  discharged 
Irom  the  further  consideration  of  the  petition  of  Martin  Fenwiek; 
and  that  it  be  referred  to  the  Committee  on  Private  Land  Claims. 

On  motion  by  Mr.  JOHNSON,  of  La.,  it  was 

Ordered,  That  the  Committee  on  Pensions  be  discharged  from 
thi^  further  consideration  of  the  memorial  of  Anna  J.  Hassler;  and 
that  it  bo  referred  to  the  Commilteo  on  Naval  Affairs. 

On  motion  by  Mr.  RUSK,  it  was 

Ordered,  That  the  Committee  on  Military  Affairs  be  discharged 
from  the  further  consideration  of  the  petition  of  Charles  M.  Gib- 
son, and  from  the  further  consideration  of  the  memorial  of  A.  H. 


Cole,  of  Florida:  and  that   they  be  severally  referred  to  the  Com- 
mittee of  Claims. 

LAND  PATENTS. 

Agreeably  to  notice,  Mr.  JOHNSON  of  La.  asked  and  obtained 
leave  to  bring  in  a  bill  for  the  issuing  of  Patents  in  a  certain  class 
of  cases,  and  for  other  purposes;  which  was  read  the  first  and  se- 
cond times  by  unanimous  consent,  and  referred  to  the  Committee 
on  Private  Land  Claims. 

INDIANA     BONDS. 

Agreeably  to  notice.  Mr.  BRIGHT  asked  and  obtained  leave  to 
bring  in  a  bill  authorising  the  Secretary  of  War  to  surrender  certain 
bonds  of  the  State  of  Indiana,  held  by  the  United  States,  to  the 
.\gent  of  the  State  for  said  State  of  Indiana;  which  was  read  the  first 
and  second  times  by  unanimous  consent,  and  referred  to  the  Com- 
mittee on  Finance. 

TERRITORIAL  GOVERNMENT. 

Mr.  HANNEGAN  said: — Several  days  ago  I  gave  notice  that  I 
would  ask  leave  to  introduce  a  bill  to  establish  a  Territorial  Gov- 
ernment in  Oregon.  Upon  reflection,  I  thought  it  proper  and  just 
to  my  friend,  the  Senator  trom  Illinois,  that  he  should  have  charge 
of  the  bill;  and  I  have  given  it  to  him,  and  I  believe  he  is  now  pre- 
pared to  present  it. 

Mr.  DOUGLAS  then  asked  and  obtained  leave  to  bring  in  a  bill 
to  establish  the  Territorial  Government  of  Oregon;  which  was 
read  the  first  and  second  times  by  unanimous  consent,  and  referred 
to  the  Committee  on  Territories. 

PRE-EMPTION  SYSTEM. 

Mr.  ASHLEY,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  to  establish  a  general  permanent  pre-emption 
system  in  favor  of  actual  settlers  on  the  Public  Lands,  reported  it 
without  amendment. 

NATHANIEL    HOGGATT. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Land 
Claims,  to  whom  had  been  referred  the  petition  of  Nathaniel  Hog- 
"■att,  reported  a  bill  for  his  rebel';  which  was  read  and  passed  to 
a  second  reading. 

HALF-PAY    OF    WIDOWS    AND    ORPHANS. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  had  been  referred  so  much  of  the  President's  mes- 
saee  as  relates  to  the  subject,  reported  a  bill  amending  the  Act 
entitled  "An  Act  granting  half-pay  to  widows  or  orphans,  where 
their  husbands  and  fathers  have  diea  of  wounds  received  in  the 
military  service  of  the  United  States,  in  cases  of  deceased  oflficers 
and  soldiers  of  the  militia  and  volunteers,"  passed  July  4,  1836; 
which  was  read  and  passed  to  the  second  reading. 

JOSEPH    NOURSE,    DECEASED. 

Mr.  UNDERWOOD,  from  the  Committee  of  Claims,  to  whom 
had  been  referred  the  petition  of  Maria  L.  Nourse,  reported  a  bill 
to  authorize  the  settlement  of  the  account  of  Joseph  Nom'se,  de- 
deased;  which  was  read  and  passed  to  the  second  reading. 

Mr.  UNDERWOOD  subrmtted  a  report  on  the  subject,  which 
was  ordered  to  be  printed. 

EDWARD    BOLON. 

Mr.  UNDERWOOD,  from  the  Committee  of  Claims,  to  whom 
had  been  referred  the  petition  of  Edward  Bolon,  submitted  a  re- 
port, accompanied  by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

LOOMIS   AND    G.VY^. 

Mr.  BALDWIN,  from  the  Committee  of  Claims,  to  whom  had 
been  referred  the  documents  relating  to  the  claim  of  Loomis  and 
Gay,  reported  a  bill  in  addition  to  aVi  Act  for  the  relief  of  Walter 
Loomis  and  Abel  Gay,  approved  July  2d,  1836;  which  was  read 
and  passed  to  the  second  reading. 

Mr.  BALWDIN  also  submitted  a.  report  on  the  subject,  which 
was  ordered  to  be  printed. 

JOSEPH  WATSON. 

Mr.  BALDWIN,  from  the  Committee  of  Claims,  to  whom  had 
been  referred  the  petition  of  Joseph  Watson,  submitted  an  adverse 
report;  which  was  ordered  to  be  printed, 

ERRORS  IN   SURVEYS. 

Mr.  FELCHJ  from  the  Committee  on  Publit;  Lands,  to  whom 
hud  been  referred  a  resolution  relating  to  errors  and  defective  re- 
turns in  certain  surveys,  plats,  and  field  notes,  reported  the  samo 
without  amendment;  and  submitted  a  special  report  on  the  sub- 
ject, which  was  ordered  to  be  printed. 


January  10. J 


ASSISTANT  PURSERS,  ETC. 


83 


PUBLIC    LANDS    IN   ILLINOIS. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
had  been  referred  the  memorial  of  the  Legislature  of  the  Stale  of 
Illinois  respecting  the  Saline  Re.servations,  reported  a  bill  confirm- 
in"  former  sales  by  the  State  of  Illinois  of  the  Ohio  Saline  Reser- 
valions,  and  authorizing  the  sale  of  the  residue  of  such  reserva- 
tions; whieli  was  read  and  passed  to  the  second  reading. 

GEORGE    S.  GAINES. 

Mr.  DOWNS,  from  the  Committee  on  Indian  Afl'airs,  to  whom 
had  been  referred  the  petition  of  George  S.  Gaines,  submitted  an 
adverse  report;  which  was  ordered  to  be  printed. 

WILLIAM    MARVIN. 

Mr.  YULEE,  from  the  Committee  on  Private  Land  Claims,  to 
whom  had  been  referred  the  petition  of  William  Marvin,  reported 
a  bill  for  his  relief;  which  was  read,  and  passed  to  the  .second 
reading. 

BROOKLYN    DRY-DOCK. 

Mr.  YULEE,  from  the  Committee  on  Naval  Afliiirs,  reported 
a  bill  making  an  additional  appropriation  for  the  dry-dock  at  the 
Brooklyn  Navy  Yard;  which  was  read,  and  passed  to  the  second 
reading. 

Mr.  YULEE  said  :  I  would  ask  the  immediate  action  of  the 
Senate  on  that  bill.  A  communication  has  been  received  from  the 
Secretary  of  the  Navy,  transmitting  one  from  the  Chief  of  the 
Bureau  of  Construction,  in  which  Congress  is  informed,  that  the 
appropriation  for  the  dry-dock  at  Brooklyn  is  entirely  exhausted, 
and  that  they  are  without  the  means  of  making  payments  for  the 
work  during  the  present  month.  I  believe  that  tlie  communica- 
tion states,  that  there  is  not  enough  to  carry  them  through  the 
month  of  December,  which  has  just  e.xpired.  They  ask  an  appro- 
priation of  $150,000,  in  order  to  go  on  with  the  work.  The  Com- 
mittee on  Naval  Affairs  in  the  House  have  reported  a  bill  pre- 
ci^rely  siradar  to  that  reported  by  the  Committee  on  Naval  Affairs 
of  the  Senate.  It  is  necessary  that  action  should  be  immediate  on 
this  bill,  in  order  to  prevent  detriment  to  the  structure,  and  to 
meet  the  public  engagements  contracted  already,  and  daily  occiur- 
rin".  Will  the  Secretary  have  the  goodness  to  read  the  communi- 
cation to  which  I  have  referred,  as  it  will  inform  the  Senate  of  all 
the  facts  in  the  case? 

The  Secretary  read  the  communication. 

The  bill  was  then  read  a  second  time,  by  unanimous  consent, 
and  considered  as  in  Committee  of  the  Whole;  and  no  amendment 
being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  bo  engrossed  and  read  a  third  time. 

Mr.  CRITTENDEN  said  that  he  feared  that  very  partial  at- 
tention had  been  directed  to  the  bill  before  the  Senate.  It  was  one 
of  very  considerable  consequence,  and  yet  for  one  he  did  not  exact- 
ly understand  its  objects. 

The  PRESIDING  OFFICER.— The  bill  will  be  read. 

The  bill  was  then  read. 

Mr.  CRITTENDEN.— I  have  no  objection. 

Mr.  DICKINSON. — At  the  last  session,  we  passed  a  bill 
making  an  appropriation  for  this  work,  when  the  merits  and  de- 
merits of  the  subject  were  fully  discussed,  and  the  whole  policy 
gone  over  and  approved . 

The  bill  was  then  read  a  third  time. 

Resolved,  That  this  bill  pass,  and  that  the  title  thereof  be  as  afore'iaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

ASSISTANT    PURSERS. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  consi- 
deration of  the  bill  providing  for  the  appointment  of  Assistant  Pur- 
sers in  the  Navy. 

The  amendment  heretofore  submitted  by  Mr.  Badger  to  strike 
out  the  words  "by  warrant,"  and  msert  "  by  and  with  the  advice 
and  consent  of  the  Senate,"  was  agreed  to. 

Mr.  YULEE  said,  that  as  he  was  desired  by  Senators  near  him 
to  explain  the  nesessity  of  this  bill,  he  would  do  so  very  briefly. 

There  were  eighty-one  vessels  attached  to  the  Naval  establish- 
ment a  year  ago.  This  number  has  been  increased  during  the  past 
year  to  meet  the  necessities  of  the  service  on  the  Mexican  coast. 
There  are  sixty-lour  Piursersin  service,  of 'whom  there  are 

Now  at  sea,          -            ....  33 

On  duty  at  shore  stations,             -             -            -  14 

Unfit  for  active  sea  service  from  age  and  infirmity,  4 

Recently  returned  from  sea  and  settling  accounts,  4 

Detailed  for  vessels  now  fitting  for  sea,    -            -  3 

Waiting  orders,   -            -            .            .            .  6 


There  are  fifty. four  vessels  in  eonmiission  at  the  present  time,  so 
that  there  are  in  fact  now  twenty-one  vessels  without  Pursers,  the 
duties  being  performed  by  their  commanding  officers. 

This  consequence  is  detrimental  to  the  service  and  unjust  to  the 
officers  obliged  to  act  as  Pursers  of  their  own  vessels,  who  are 
generally  not  conversant  with  accounts,  and  whose  appropriate  du- 
ties totally  contliet  with  the  functions  of  a  Purser.  Several  very 
hard  cases  have  grown  out  of  tins  deficit  in  the  number  of  Pursers. 
Several  officers  of  the  Navy,  whose  brilliant  achievements  on  the 
coast  of  Mexico  entitle  them  to  the  thanks  of  the  country,  and 
would  have  brought  to  them  high  promotion  in  mo.st  other  countries, 
where  the  rule  of  lineal  promotion  is  less  rigidly  observed,  have  re- 
turned home  to  be  mulcted  in  damages,  instead  of  being  rewarded 
for  their  meritorious  conduct.  Some  of  them  have  balances  of  one 
or  two  thousand  dollars  found  against  them  for  the  want  of  formal 
vouchers,  although  there  can  be  no  doubt  of  the  actual  expenditure. 
And  the  monthly  pay  to  which  the  law  entitles  the  officers  thus  si 
tuated  is  subject  to  be  abstracted  from  the  support  of  their  fami- 
lies, and  carried  to  the  credit  of  the  government. 

This  is  all  wrons-  Now,  what  is  the  remedy  ?  The  most  eco- 
nomical and  advantageous  mode  of  supplying  the  deficit  in  the  num- 
ber of  Pursers,  is  that  recommended  by  the  Secretary  of  the  Ka\-y 
and  reported  by  the  Committee.  The  Assistant  Pursers  will  re- 
ceive a  less  salary  than  the  Pursers  are  allowed,  and  will  fully  an. 
swer  the  necessities  of  the  service  in  the  class  of  smaller  vessels. 
The  alternative  is  between  the  increase  of  the  number  of  Pursers, 
or  the  addition  proposed  by  this  bill  to  the  corps.  There  can  be  no 
question  that  this  is  the  preferable  measure  ;  for,  besides  the  ad. 
vantage  on  the  score  of  economv,  the  Executive  will  be  able  to 
make  his  selections  for  the  grade  of  Purser,  after  a  trial  of  capa- 
bility and  according  to  the  relative  merit  of  the  persons  filling  the 
grade  now  proposed. 

Mr.  WESTCOTT  offered  the  following  amendment  to  first 
section: 

Provided,  Tliat  no  person  shall  be  nominated  or  ap|iointe(l  an  assistant  Purser, 
until  he  sliatl  have  first  pajised  an  examination  before  a  board  of  Pursers  of  Uie  Navy 
as  to  his  qualifications  for  sneli  oifice,  in  like  manner  as  a^istant  .Surgeons  of  Ijie 
Navy  are  now  required  by  law  to  pass  such  examination. 

Mr.  WESTCOTT  observed,  that  he  oflered  this  amendment  at 
the  suggestion  of  several  Senators  who  coincided  with  him  in  opin- 
ion as  to  its  importance.  The  first  object  of  it  was  to  decrease 
the  Executive  patronage.  It  prevented  the  selection  of  mere  office 
hunting  political  partisans  without  qualification,  and  in  reward  for 
poUtical  services;  and  if  such  are  chosen  it  would  ensure,  at  least, 
that  they  have  the  necessary  education  and  intelligence.  This 
law  provides  that  all  Pm-sers  are  to  be  appointed  hereafter  from 
these  assistant  Pursers.  These  assistant  Pursers  should  have 
mercantile  knowledge — skill  as  accountants — both  of  which  attain- 
ments are  professional,  and  in  fact,  may  be  called  scientific.  They 
should  be  examined  as  to  these  and  other  qualifications  by  a  board 
of  PtU'sers  before  they  are  selected.  No  man  can  then  become  a 
Purser  or  an  assistant  Purser,  unless  he  possesses  at  least,  the 
qualifications  I  have  alluded  to.  The  effect  of  a  similar  rule  as 
to  Surgeons  in  the  Navy,  and  as  to  Surgeons  in  the  Army,  and  as 
to  Cailets  at  West  Point,  and  Midshipmen  seeking  promotion,  has 
been  salutary.  I  hope  this  amendment  will  be  adopted  before  the 
bill  is  sent  to  the  House. 

Mr.  YULEE. — I  hope  that  my  colleague  will  consent  to  with- 
draw this  amendment,  or  else  that  it  will  be  voted  down.  I  do 
not  think  it  at  oil  important  that  the  bill  should  be  thus  amended; 
and  I  trust,  upon  re-consideration,  my  colleague  will  withdraw  it. 
Sir,  it  may  be  very  proper  that  the  surgeons  and  assistant  sur- 
geons of  the  army  and  navy  should  be  subjected  to  an  examination 
as  to  their  professional  and  scientific  attainments,  inasmuch  as 
perhaps  it  may  not  be  in  the  power  of  the  President,  without  the 
aid  of  a  board  of  gentlemen,  schooled  in  the  profession,  to  decide 
upon  their  quahfieations;  but  in  respect  to  pursers,  sir,  there  is  no 
necessity  for  any  other  qualification  than  the  ordinary  one  of  being 
a  good  accountant,  and  the  higher,  and  more  important  qualifica- 
tion of  integrity,  which  the  board  cannot  decide,  but  which  is  very 
properly  committed  to  the  President  and  the  Senate  to  decide. 
My  colleague  is  mistaken  in  regard  to  the  duties  of  these  pursers. 
They  do  not  make  purchases,  they  simply  distribute  the  articles 
purchased,  and  disburse  the  money  that  is  placed  in  their  custody 
for  the  payment  of  the  officers  and  men  of  the  navy.  That  is  all; 
the  highest  and  most  important  qualification  is  integrity.  I  do  not 
conceive  that  it  is  at  all  necessary  that  the  bill  should  be  amended 
as  proposed  by  my  colleague,  and  I  trust  he  will  withdraw  his 
motion. 

The  question  being  taken  on  agreeing  to  the  amendment,  it  was 
decided  in  the  negative. 

No  further  amendment  being  made,  the  bill  was  reported  to  the 
Senate,  and  the  amendment  concurred  in. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Resolved,  That  this  bill  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the^,  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  tliis  bill. 


84 


TKE  TEN  REGIMENT  BILL. 


[Monday, 


THE   TEN    BEGIMENT  BILL. 

The  Senate  resumed  the  consideration  of  the  bill,  on  its  third 
reading;  to  raise  for  a  limited  time  an  additional  military  force. 

Mr.  JOHNSON,  of  Marjland,  said  : 

5Iy  purpose,  Mr.  President,  in  now  addressing  the  Senate,  is  to 
give  my  opinion  upon  certain  points  connected  with  the  present 
war,  which  it  seems  to  be  conceded  may  be  properly  discussed 
upon  the  present  bill. 

Thev  are  these —  ...  . 

First.  Is  the  war  a  just  and  honorable  one,  or  is  it  unjust  aim 
dishonorable . 

Seco.vd.  Has  it  been  heretofore  properly  prosecuted. 

Third.  How  should  it  hereafter  be  prosecuted. 

Fourth.  What  end  consistently  with  the  good  name  ol  the  na- 
tion, should  be  attained  bv  it.  .  .         , 

Mr.  President— Upon  each  of  these  propositions  I  propose  to 
present  my  views  with  the  frankness  unci  freedom  which  become  a 
Senator,  and  at  the  same  time  with  the  deference  w-hich  I  smcere- 
ly  feel  for  the  opinions  of  those  upon  both  sides  of  the  chamber 
with  whom  I  shall  be  found  to  differ. 

Nothin",  sir,  is  more  annoyins  to  me  than  to  refer  at  any  time 
to  any  thm"  personal  to  myself,  and  it  is  especially  so,  to  do  so  in 
th"  presence  in  which  I  stand.  But  there  may  be  circumstances 
which  render  it  a  duty.  1  feel  myself  in  that  condition,  and  I  there- 
fore ask  the  kind  inclulgence  of  yourself  and  the  Senate  to  say  a 
word  or  two  of  a  personal  character. 

To  those  who  know  me.  Mr.  President,  it  is  I  am  sure  unneces- 
sary to  disclaim  that  I  am  actuated  on  this  occasion  neither  in  what 
I  shall  say  or  do,  by  any  other  motive  than  the  single  motive  ol 
,luty  to  iiiv  country— If  I  could  be  mad  enough  to  desire  anv  other 
pohtical  post  of  honor  than  the  one  which  I  now  hold  (sulhcient 
one  would  think,  to  satisfy  the  cravings  of  any  ambition)  I  hope  I 
know  myself  well  enouah  to  be  able  to  say  wnth  truth,  that  I  should 
scorn  to  obtain  it  bv  panderins  to  popular  passion  or  olRcial  pow- 
er. But,  sir,  I  ani'proud  to  state,  that  I  have  no  such  de.sire,  that 
there  is  no  otfice  in  the  gift  of  the  present  Executive  which  I  would 
accept,  and  none  in  the  power  of  the  people  to  give  that  I  would 
take.  In  the  school  of  political  ethics  in  which  I  have  been  taught, 
I  have  imbibed  as  mv  hist  and  last  lesson,  the  duty  to  do  what  you 
believe  to  be  right,  and  confidently  abide  the  result.  Be  it  the  ap- 
probation of  your  fellow  men,  or  not,  vou  have  then  the  approba- 
tion of  your  own  conscience,  transcending,  infinitely  transcending 
in  true  value,  any  reward  that  can  flow  from  human  source. 

As  to  popularity,  sir,  I  estimate  it  as  nothing  if  it  is  sought  af- 
ter. Its  real  worth  is  when  it  follows  good  ends,  accomplished  by 
good  means.     It  becomes  disgrace  when  catered  for. 

I  would  not  avow  any  political  opinion,  which  I  did  not  sincere- 
Iv  entertain,  nor  conceal  one  which  I  did  entertain,  to  win  any 
honor  which  my  countrymen  could  bestow.  Honor  so  won,  if  I  was 
capable  of  so  winning  it,  would  be  to  me  but  hourly  abasement. 

Sir,  I  need  not  say  that  I  came  into  this  body  differing  with  the 
administration  upon  almost  every  subject  of  our  public  civil  policy. 
This  difference,  decided  as  it  was  in  the  beginning,  so  far  from  bav- 
in" been  diminished,  has  been  but  more  and  more  strengthened  and 
confirmed.  I  believe  they  mis-apprehend  the  true  policy  of  the 
country,  and  fundamentally  err  upon  great  and  vital  points  of  con- 
stitutional power.  I  may  be  mistaken,  but  I  believe  as  sincerely 
.as  I  believe  in  my  own  existence,  that  the  day  will  come,  and  is 
rapidly  coming,  when  this  will  be  seen  to  be  the  general  opinion 
of  the  people,  and  that  until  then  the  country  will  be  deprived  of 
many  a  blessing  which  the  constitution  was  intended  to  bestow. 
But,  sir,  new  questions  have  arisen,  and  are  now  agitating  the  na- 
tion. We  arc  at  war,  and  upon  one  of  the  questions  growing  out 
of  it,  I  find  myself  differing  perhaps  with  most  of  the  Senators  on 
this  side  of  the  chamber,  not  I  hope  with  all,  with  whom  it  is  my 
pride  and  pleasure  generally  to  agree.  I  need  not  say,  Mr.Presidom, 
to  you  or  to  them,  that  this  difference  exists,  if  it  does  exist,  because 
I  am  unable  from  a  sense  of  duty  to  have  it  otherwise.  Party  ties, 
parly  prepossessions,  party  associations,  strong  as  they  ever  are 
and  should  be,  can  never  be  sufficiently  strong  io  make  an  honora- 
ble man  violate  what  he  feels  to  be  his  duty  to  his  country  :  And 
when  in  that  duty  is  involveil  his  country's  reputation,  they  should 
be  and  are  weaker  than  the  spider's  web. 

Nor  upon  this  occasion  do  I  feci  any  other  concern  than  that 
which  the  mere  fact  of  dilleronce  creates,  because  I  know  so  well 
the  Senators  who  are  around  me,  that  whatever  resjret  they  may 
feci,  that  our  opinions  are  not  upon  all  points  identical,  I  should 
coaso  to  have,  what  I  am  sure  I  now  have,  their  respect  and 
esteem,  if  I  surrendered  my  own  judgment,  anil  (altered  with  my 
own  conscience  upon  a  measure  vital  in  that  jiidfrncnt  to  the  true 
fame  of  our  common  country.  We  differ,  sir,  but  we  differ  as 
friends.  We  differ,  sir,  but  wo  differ  as  patriots.  We  have  alike 
the  true  honor  of  the  country  at  heart — we  are  only  n(jt  a"rccd 
perhaps  as  to  what  that  true  honor  demands. 

Sir,  he  libels  them,  and  libels  me,  who  doubts  our  hish  and 
patriotic  purposes.  He  violates  the  decorum  of  private  life,  and 
the  decencies  of  official  relation,  where  it  exists,  who  intimates 
that  we  are  capable  under  any  state  .>f  things,  or  ibr  any  |)urposcs 
of  taking  sides  with  the  enemies  of  our  country.  Wc  aim  alike 
at  her  honor — wo  disagree,  if  we  do  disagree,  as  to  the  true  mode 
of  vindicating  and  maintaining  it.  Mr.  President,  all  of  the  good 
and  liberal  of  my  countrymen  will,  I  have  no  doubt,  when  they  shall 
have  seen  what  I  am  about  to  say,  do  me  the  justice  to  believe  that 
my  motives  arc  pure  and  patriotic.  Thiuc  may  be,  and  perhajis 
arc,  mere  followers  of  the  party  camp,  whoso  hope  it  is  to  feed  on 


the  spoils  of  the  contest,  who  may  profess  to  doubt  it;  but  none 
such  do  I  drop  a  syllable  to  satisfy.  Bred  in  the  corruption  of  the 
motto  of  the  political  free-booter,  that  the  spoils  belong  to  the 
victor — fichtinc  not  for  principle,  hut  for  plunder,  they  are  as  fecu- 
lent as  their  motto,  and  beneath  the  notice  of  honest  men.  Only, 
indeed,  to  be  shunned  as  you  would  shun  any  loathsome  toad  that 
misht  be  in  your  pathway. 

Is  the  war  just  and  honorable  or  not? 

I  think  it  is,  and  I  hope  for  the  good  name  of  my  country,  that 
such  will  be  the  judgment  of  Christendom.  Sir,  I  wish  to  be 
clearly  understood.  I  am  not  inquiring  into  the  conduct  of  the 
Executive,  into  its  prudence,  or  its  constitutionality.  My  single 
proposition  now  is,  that  as  between  the  United  States  and  Mexico, 
the  former  had  just  cause  of  war  on  the  15th  May,  1846,  when  the 
war  act  of  that  date  was  passed,  and  that  on  that  day  war  in  fact 
existed  bv  means  of  the  unjust  and  illegal  act  of  Blexico.  Su-,  1 
repeat  before  goins  further,  that  I  sincerely  trust,  as  I  love  the  fair 
fame  of  my  countrymen,  that  I  may  be  able  to  make  this  plain.  Sir, 
I  should  bow  in  deep  and  heartfelt  mortification  for  that  fame  if  I 
did  not  believe  it  to  be  plain.  I  would  not  have  it  even  to  be  in- 
volved in  the  slightest  obscurity  or  doubt,  from  the  dread  of  the 
judsM:!nt  which  the  civilized  world  would  then  be  compelled  to  pass 
upon  us.  We  live  in  an  age  when  nations,  as  individuals,  lose 
their  power  and  usefulness,  and  sink  into  degradation,  if  they  per- 
petrate acts  of  wTong  and  injustice.  We  are,  thank  God,  sur- 
rounded by  a  moral  atmosphere  as  necessary  to  healthful  national 
existence  as  the  atmosphere  we  breath  is  necessary  to  individual 
life.  If  we  discard  it,  if  we  sink  below  it,  if  we  substitute  for  it 
that  which  is  inseparable  from  violence  and  injustice,  the  punish- 
ment is  at  hand.  The  decay  begins  and  progresses,  imtil  we  are 
involved  in  hopeless  ruin. 

National  character  is  national  power,  and  the  purer,  the  more 
elevated,  the  more  spotless  that  cliaracter,  the  greater  the  power. 
I  trust,  therefore,  in  God,  that  I  am  right  in  the  opinion  that  this 
war  is  upon  our  part  just  and  honorable.  If  not,  if  not  clearly  just 
and  honorable,  then  will  we  be  pronounced  by  the  judgment  of  the 
world  a  band  of  murderers.  No  other  sentence  can  then  be  passed 
upon  us.  If  we  are  right,  we  are  worthy  descendants  of  sires 
who  knew  no  moral  blemish,  who  estimated  the  national  honor 
above  all  price.  If  we  are  wrong,  we  have  disgraced  the  inheri- 
tance of  freedom  they  have  left  us,  brought  di.shonor  upon  our  land, 
and  aimed  a  fatal  blow  at  constitutional  freedom  itself. 

If  I  speak  strongly  it  is  because  I  feel  strongly.  I  wish  to  give 
offence  to  none.  I  take  no  offence  if  others  hold  a  different  opinion. 
I  am  here  to  justify  my  own  before  the  Senate  and  the  country, 
and  I  mean  to  do  it  with  the  freedom  that  belongs  to  each  of  us. 

I  have  an  instmetive  repugnance  to  believe  my  country  wrong 
in  any  war  in  which  she  can  engase,  and  I  rejoice  that  in  this  in- 
stance ray  feelings  and  my  judgment  are  one.  I  now  proceed  with 
the  attempt  to  maintain  that  judgment.  I  have  not  time,  sir, 
nor  health  to  state  all  the  facts  which  our  difiiculties  with  Mexico 
have  developed  applicable  to  this  question.  Nor  if  I  had,  should  I 
deem  it  necessary  to  trespass  so  much  upon  the  time  of  this  body- 
My  purpose  is  to  refer  only  to  such  as  I  am  sure  cannot  be  suc- 
cessfully denied,  and  which  are  of  themselves,  in  ray  judgraent. 
conclusive  of  the  controversy. 

In  1834,  the  Mexican  Congress  passed  a  decree,  requiring  all 
citizens  to  surrender  to  the  government  their  arms.  The  legisla- 
ture of  Coahuila  and  Texas  by  decree  remonstrated  against  it  and 
other  acts  repealins  the  constitution  of  Mexico  of  '24,  by  which 
thev  had  changed  the  government  from  a  Federal  to  a  Central  one. 

For  this  General  Cos,  under  the  order  of  Santa  Anna,  at  the 
head  of  his  army,  broke  up  the  legislature  of  Coahuila  and  Texas, 
and  arrested  all  the  officers  of  the  government,  marched  over  the 
Rio  Grande  and  established  his  head-quarters  at  San  Antonio, 
leavin"  a  sjarrison  at  Lipautitlan  on  the  Nueces,  and  one  at  Go- 
liad, 'rhe  Texans  then  commenced  the  revolution,  retook  Goliad, 
Lipautitlan  and  San  Antonio,  in  '36. 

The  boundaries  of  Coahuila  and  Texas  as  these  departments 
were  laid  off  into  one  State  by  the  constitution  of '24,  was  the  Nue- 
ces, running  for  upward  of  one  hundred  miles  up  that  stream,  and 
then  by  a  line  across  from  that  point  to  the  kio  Grande.  The 
territory  below  that  line,  between  the  Nueces  and  the  Rio  Grande, 
was  a  part  of  the  State  of  Tamaulipas.  Tamaulipas  granted  it  to 
various  individuals  by  what  were  called  colony-grants,  under 
which  many  settlements  were  made.  These  colonists,  or  the  great- 
er portion  of  them,  so  entitled  to  this  portion  of  the  territory,  joined 
in  the  Texas  Revolution,  and  were  represented  in  the  convention 
of  Texas,  which  subsequently  declared  the  independence  of  that 
Repubhc.  The  day  after  the"  battle  of  San  Jacinto,  3Ist  April,  '36, 
Santa  Anna  surrendered  as  a  prisoner.  In  about  six  weeks  after- 
wards he  entered  into  a  treaty  with  the  government  of  Texas,  ac- 
knowlediriu"  thi;  Rio  Grande  as  their  south  western  boundary, 
upon  condition  that  General  Felisolea,  then  at  the  head  of  five  thou- 
sand troops,  being  all  that  worn  left  to  the  centralists  to  maintain 
their  power,'should  be  permitted  to  retire  west  of  the  river,  and 
that  he,  himself,  .should  be  released.  These  conditions  were  com- 
plied with,  Felisolea  being  permitted  to  retire  with  all  his  force 
to  the  west  of  the  river,  and  Santa  Anna  in  October  afterwards, 
released.  The  treaty  contained,  also,  various  stipulations  about 
the  release  of  prisoners  and  the  surrender  of  property.  General 
Rusk,  then  at  the  head  of  the  Texian  forces,  and  under  tlie  order 
of  the  Texian  government,  transmitted  a  copy  of  the  treaty  to  Gen- 
eral FeUsolea,'who  recognized  it,  and  at  once  complied  with  all  the 
obligations  it  imposed  upon  him. 

In  1836,  19th  December,  the  Texian  Congress  passed  a  law 
describing  th»  Rio  Grande  as  their  south-western  boundary.     In  the 


January  10. J 


THE  TEN  REGIMENT  BILL. 


85 


summer  of  IS36  Felisolea  was  superseded  in  command  by  the  ap- 
pointment of  Gen.  Urea,  who  iimmediately  commenced  raising  an 
army  to  re-invade  Texas.  Gen.  Rusk,  who  was  still  at  the  head  of 
the  army  of  Texas  and  stationed  at  the  Gaudaloupe,  ordered  the 
families  between  that  part  and  the  Rio  Grande  to  retire  to  his  rear, 
or  to  remove  to  the  western  bank  of  the  river.  The  most  of  them 
did  retire  to  his  rear,  but  many  of  the  Mexicans  elected  to  cross 
the  river  and  settle  on  the  opposite  side.  For  the  purpose  of  faciU- 
tating  the  removal  of  those  occupying  the  country  and  of  watch- 
ins  the  movements  of  the  Mexican  army,  and  preparatory  to  an 
advance  upon  Matamoras,  he  dispatched  General  Felix  Houston 
with  a  sufficient  force  to  take  possession  of  Corpus  Christi,  and 
that  was  done.  General  Houston  exercised  more  authority,  be- 
tween the  Nueces  and  the  Rio  Grande,  than  Urea  did,  who  was 
stationed  at  Matamoras,  with  a  force  of  about  ten  thousand  men. 
Atone  psriod  Urea  crossed  the  river  with  the  creator  part  of  his 
command  and  encamped  a  few  miles  east  of  the  river,  but  in  a 
very  short  period  he  re-crossed  to  the  western  side.  In  this  con- 
dition things  remained  mitil  1843.  the  Mexicans  having  no  army 
to  the  east  of  the  river,  and  the  Texians  having  a  few  troops  at 
Corpus  Christi  and  San  Antonio.  With  these  troops,  however,  the 
Texians  frequently  made  excursions  to  Lacido,  a  place  upon  the 
Rio  Grande,  and  several  times  crossed  it.  The  Mexican  troops 
made  two  incursions,  crossing  the  river  both  times,  coming  as 
far  as  San  Antonio,  and  upon  each  occasion  were  immediately 
driven  back  to  the  west  bank.  In  -"43,  also,  an  armistice  was 
agreed  upon  under  which  the  Slexican  Army  was  to  remain  on 
the  west  and  the  Texians  on  the  east  side  of  the  river.  This  ar- 
mistice was  in  the  same  year  revoked  and  the  war  declared  to  be 
renewed.  The  proclamation  of  General  Wool,  who  was  then  in 
command  of  the  Slexican  force,  issued  by  direction  of  Santa  Anna, 
declared  that  all  Mexicans  found  within  three  leagues  of  the  river, 
would  be  considered  as  "  favormg  the  usurpers  of  that  territory," 
meaning  by  the  territory,  the  whole  of  Texas,  be  tried  by  court 
martial,  and  capitally  punished.  There  were  during  this  period, 
at  a  post  called  Lacido  on  the  east  side  of  the  river,  some  citize^ 
under  a  military  organization,  and  organized  sunply  with  a  view 
of  defence  against  the  Indians,  miisrered  only  upon  such  occa- 
sions, but  claiming  to  be  citizens  when  Hays  or  McCul- 
lough  was  there  with  the  Texiau  Rangers.  From  the  com- 
mencement of  the  revolution  in  '34,  to  the  Independence 
declared  by  Texas  in  "36  —  from  that  period  to  the  admis- 
sion of  Texas  into  our  Union  in  '45 — and  from  '43  up  to  the 
present  hour,  no  Mexican  document  can  be  found,  military  or 
civil — no  Mexican  officer,  military  or  civil,  has  ever  been  known 
to  contend  that  the  territory  lying  between  the  Nueces  and  the 
Rio  Grande  belonged  to  Mexico  by  any  other  title  th.an  that  which 
she  maintained  to  the  whole  territoiy  between  the  Sabine  and  the 
Rio  Grande.  Under  the  colony  contracts  granted  by  Tamaulipas, 
the  settlers,  at  an  election  in  Texas  in  '41  or  '42,  of  members  of 
congress,  voted  at  Corpus  Christi,  claiming  to  be  citizens  of 
Texas,  and  their  votes  were  received  and  recognized  by  the  gov- 
ernment. The  evidences  to  the  tide,  too,  to  the  lands  so  settled 
upon,  including  all  transfers  from  the  time  of  the  revolution  of  '34, 
to  the  present  tune,  are  recorded  amongst  the  land  records  of 
Texas.  On  the  first  of  March,  '43,  the  alternative  resolutions  for 
the  admission  of  Texas  into  the  Union  were  passed.  On  the  29th 
of  December,  '43,  Texas  was  admitted,  and  on  the  same  day  an 
act  was  passed  to  extend  the  laws  of  the  United  States  over  the 
State  of  Texas.  On  the  31st  December,  '45,  Texas  was  constituted 
a  revenue  district,  and  the  city  of  Galveston,  the  only  port  of  entry, 
having  annexed  to  it,  amongst  other  ports,  as  ports  of  delivery, 
the  port  of  Corpus  Christi,  a  port  on  the  west  side  of  the  Nueces. 
Under  that  act  a  revenue  officer  of  the  "tnited  States  has  been 
appointed  for  Corpus  Christi.  On  2d  February,  '47,  congress,  by 
an  act  establishing  additional  post-roads  in  the  State  of  Texas, 
established,  amongst  others,  one  from  Brazos  Santiago  via  Point 
Isabel  to  Fort  Brown,  opposite  Matamoras;  and  one  from  Corpus 
Christi  to  Brazos  Santiago,  a  point  south  of  Point  Isabel,  near 
the  mouth  of  the  Rio  Grande. 

Now,  as  before  stated,  Texas  was  annexed  under  the  first  of 
ihe  alternative  resolutions  of  the  1st  March,  '45. 

[The  first  resolution  provides.  That  Congress  doth  consent  that 
the  territory  properly  included  within,  and  rightfully  belonging  to, 
the  republic  of  Texas,  may  be  erected  into  a  new  State,  to  bo 
called  the  State  of  Texas,  with  a  republican  form  of  government, 
to  be  adopted  by  the  people  of  said  republic,  by  deputies  in  con- 
vention assembled,  with  the  consent  of  the  existing  gevernment, 
in  order  that  the  same  may  be  admitted  as  one  ol  the  States  of 
this  Union. 

That  the  foregoing  consent  of  Congress  is  given  upon  the  con- 
dition, that  the  said  State  be  formed,  subject  to  the  adjustment  by 
this  Government  of  all  questions  of  boundary  that  may  arise  with 
other  governments;  and  the  constitution  thereof,  with  the  proper 
evidence  of  its  adoption  by  the  people  of  said  republic  of  Texas, 
shall  be  transmitted  to  the  President  of  the  United  States,  to  be 
laid  before  Congress  for  its  final  action,  on  or  before  the  first  day 
of  January,  one  thousand  eight  hundred  and  forty-six. 

The  second  resolution  provides.  That  if  the  President  of  the 
United  States  shall,  in  his  judgment  and  discretion,  deem  it  most 
adnsable,  instead  of  proceeding  to  submit  the  first  resolution  to 
the  republic  of  Texas,  as  an  overture  on  the  part  of  the  United 
States  for  admission,  to  negotiate  with  that  republic,  then  that  a 
State  to  be  formed  out  ol  the  present  republic  of  Texas,  with 
suitable  extent  and  boundaiies,  and  with  two  representatives  in 
Consress  until  the  next  apportionment  of  representation,  shall  be 
admitted  into  the  Union,  by  virtue  of  this  act,  on  an  equal  footing 


with  the  existing  States,  as  soon  as  the  terms  and  conditions  of 
such  admission,  and  the  cession  of  the  remaining  Texian  territory 
to  the  United  States  shall  be  agreed  upon  by  the  governments  of 
Texas  and  the  United  States;  and  the  sum  of  Sl6b,nOO  is  hereby 
appropriated  to  defray  the  expenses  of  missions  and  negotiations, 
to  agree  upon  the  terms  of  said  admission  emd  cession"  either  by 
treaty  to  be  submitted  to  the  Senate,  or  by  articles  to  be  submitted 
to  the  two  Houses  of  Congress,  as  the  President  may  direct.] 

Immediately  upon  the  annexation  the  Minister  of  Mexico  Gen- 
eral Almonte,  demanded  his  passports,  upon  the  ground  that  the 
annexation  itself  was  a  state  of  hostility  to  Mexico,  and  from  that 
period  to  the  march  of  General  Taylor  from  Corpus  Christi  to  the 
Rio  Grande,  the  frequent  efTorts  of  the  American  Government  to 
terminate  the  controversy  by  negotiation,  failed;  and  before 
that  march,  the  Mexican  government  were  collecting  their  forces 
upon  the  Rio  Grande,  with  the  avowed  design,  not  ol  taking  pos- 
session only  of  the  territory  between  the  Nueces  and  the  Rio 
Grande,  and  conceding  to  the  United  States  that  portion  of  Texas 
which  lay  west  of  the  Nueces,  but  of  disputing  nnth  the  United 
States  the  title  to  the  whole  of  the  country  between  the  Rio 
Grande  and  the  Sabine,  and  upon  the  ground  that  the  whole  and 
every  part  of  that  territory  was  still  a  portion  of  Mexico  by  vir- 
tue ol  her  original  and  paramount  title.  Now  the  proposition 
which  I  seek  to  maintain  is  this,  that  as  be'ween  the  government  of 
the  United  States  and  the  sovernment  of  Mexico,  the  former  had 
in  this  condition  of  things  a  perfect  right,  and  the  same  right  for 
the  purpose  of  repelling  the  threatened  invasion,  to  march  her 
troops  into  the  territory  between  the  Nueces  and  the  Rio  Grande, 
as  into  any  territory  situated  between  the  Sabine  and  the  Nueces. 
The  question  is  not,  whether  such  a  movement  of  the  troops  was 
under  all  the  circumstances  judicious  and  prudent.  It  is  not, 
whether  by  a  different  course  an  actual  conflict  might  not  have 
been  avoided;  but  whether,  as  a  matter  of  right — as^a  matter  of 
self-defence,  the  United  States  had  not,  under  the  law  of  natioi*. 
full  and  perfect  authority  and  justification  to  make  such  a  move- 
ment. 

Now  what  are  the  clear  and  indisputable  facts?  The  U,  States  had 
received  the  republic  of  Texas  into  the  Union  without  anteceden- 
tly defining  her  boundaries,and  under  a  constitution  which  reiterated 
what  had  been,  as  far  back  as  '36,  a  part  of  her  origmal  constitu- 
tion as  an  independent  republic — that  the  Rio  Grande,  from  its 
source  to  its  mouth,  was  her  southwestern  boundary.  The  United 
States  extended  all  her  laws  over  the  State  of  Texas,  as  so  ad- 
mitted. They  had  assumed  actual  jmisdiction  at  Corpus  Christi. 
They  knew  that  there  were  citizens  between  the  Nueces  and  the 
Rio  Grande  who  claimed  to  be  citizens  of  the  State  of  Texas  so 
admitted.  They  knew  that  for  nine  years  the  State  of  Texas 
had  existed  as  an  independent  nation. 

Who  proposed  withdrawing  Taylor  on  the  13th  May  ?  Who 
denied  then,  that  we  had  good  right  to  repel  the  Mexicans  and  to 
invade,  for  the  purpose  of  avenging  the  outrages,  any  and  every 
part  of  Mexico?  She  had  refused  to  negotiate^;  she  had  considered 
annexation  as  war  ;  she  had  terminated  all  diplomatic  relations  ; 
she  had  refused  to  receive  our  Minister  upon  a  mere  quibble  of  the 
then  President,  because  he  was  afraid  of  his  own  power,  threaten- 
ed with  downfall  because  it  was  believed  he  was  willing  to  nego- 
tiate  at  all.  She  had  mustered  an  army  on  the  Rio  Gninde  with 
the  declared  object  of  invading  all  Texas  and  recovering  the  whole 
to  her  own  sovereignty.  Her  then  Government  owed  its  existence 
to  this  very  deterrmnation .  She  had  never  maintained  any  pecu- 
liar title  to  what  is  now  called  disputed  territory.  ^\Tiat,  in  this 
state,  were  the  United  States  to  do  ?  Were  thev  bound  to  remain 
still  and  wait  the  invasion,  or  were  they  not  authorized  to 
meet  the  thieatened  invasion,  even  upon  the  admitted  territory  of 
the  invader  ?  Who  doubts,  that  with  nations  as  with  individuals, 
the  right  of  self-defence  gives  the  right  to  strike  the  first  blow  ? 
To  prevent  an  injury  is  easier  than  to  repair  it.  Sir,  where  is  the 
writer  on  the  law  of  nations,  who  holds  a  difi'erent  opinion  ?  There 
are  some  propositions  so  plain,  that  they  admit  of  no  illustration  : 
they  furnish  their  own  best  illustration,  and  this  is  one  of  them .  We 
had  a  clear,  undeniable  right  to  meet  Mexico  at  the  very  outer- 
most limits  of  Texas,  and  repel  her  there,  or  if  we  deemed  it  advi- 
sable, an  equally  clear  and  undeniable  right  to  anticipate  her  by 
striking  the  first  blow  on  her  own  admitted  territory.  But  it  is 
said  that  the  place  of  conflict  was  on  Mexican  territory.  Kit  was, 
the  argument  in  our  behall' would  not  be  in  the  least  enfeebled. 
She  was  there  intending  to  go  further.  She  was  there  to  drive  our 
army  back  to  the  Sabine.  She  was  there  to  re-conquer  Texas,  the 
whole  and  every  part  of  Texas,  and  not  to  retain  a  portion  only, 
upon  the  ground  that  such  portion  was  not  Texas. 

But  even  the  fact  is  not  as  alleged.  Whether  this  portion  of  the 
territory  was  or  was  not  rightfully  a  part  of  Texas  was,  at  lecist, 
a  matter  of  dispute,  Texas  claimed  it  ;  Texas,  over  a  portion  of 
it,  exercised  jurisdiction.  Citizens  residing  on  it,  claimed  to  be 
citizens  of  that  government.  Mexico  haf  in  vain  attempted  to 
recover  it.  The T^onstitution  of  Texas  included  it.  The  United 
States  had  exercised,  after  the  admission  of  Texas  into  the  Union, 
sovereignty  over  part  of  it — the  highest  act  of  sovereignty,  the 
taxing  power.  She  had  received  Texas  into  the  Union  without 
any  olher  definition  of  boundarv'.  reserving  the  right  only  as  be- 
tween themselves,  Texas,  and  any  other  power,  wtio  might  ques- 
tion the  justice  of  the  boundary,  to  settle  it  by  negotiation  With- 
out a  breach  of  honor  to  Texas,  the  United  States  could  no  more 
have  surrendered,  without  enquiry  and  negotiation,  to  an  absolute 
and  armed  demand  this«portion  of  the  territory,  than  they  could 
have  surrendered  to  such  a  demand  the  entire  State, 

All  then  that  can  be  said  is,  that  the  title  of  Texas  to  this  part 


86 


THE  TEN  REGIMENT  BILL. 


[Monday, 


of  her  territory  was  open  to  dispute.  Such  a  dispute  is  to  bo  set- 
tled but  by  two  means,  by  negotiation  or  by  force.  If  the  nego- 
fion  was  refused,  if  Mexico  elected  the  other  alternative,  force, 
can  she  complain  if  wc  meet  her  with  force?  But  suppose  her 
design  was  not  actual  force,  but  to  get  possession  only  of  the  dis- 
puted sround.  Had  not  the  United  .States  the  same  right  to  take 
po-ssession,  and  hold  whatever  they  possessed,  until  the  question  of 
title  was  decided  by  negotiation?  The  very  question  of  title  might 
.  have  been  alTected  by  the  fact  of  possession.  Mexico  might  have 
relied  upon  it  as  conclusive  of  the  inability  of  Texas,  and  the  Uni- 
ted States  as  their  successors,  to  prevent  it,  and  as  demonstrating 
that  the  original  sovereignly  had  not  been  lost  by  iho  revolution. 
This,  the  United  States  had  a  right  to  guard  against  ;  their  own 
honor  bade  them  guard  against  it.  If  actual  possession,  by  Mexi- 
co, could  weaken'the  title  of  Texas,  it  was  their  duty  to  strength- 
en it  by  also  taking  possession.  Pending  a  question  of  disputed  tcr- 
ritorv,  not  actually  possessed  by  either,  who  ever  contended  that 
it  wis  the  dutv  of  one  of  the  parlies  to  suffer  the  other  to  take 
possession,  and  then  try  the  title?  No  sir,  no  lawyer  would  give 
such  adrice.  No  statesman  would  so  act.  Things  should  in  such 
a  case,  be  suffered  to  remain  in  "statu  quo."  Neither  should  seek 
to  got  advantage  of  the  other.  If  I  am  right  in  this,  and  Mexico 
designed  taking  possession,  then  she  cannot  complain  if  we  also 
take'^possession  ;  and,  especially  not.  if  she  knew  that  notwith- 
standing such  possession,  wc  we're  willing  at  any  time  to  negoti- 
ate on  the  question  of  title. 

Sir,  it  has  been  said,  that  to  march  into  the  disputed  territory  is 
an  act  of  hostility.     I  concede  it.     But  then  to  threaten  to  march 

to  prepare  to  march — to  muster  an  army  to  march,  and  with  the 

avowed  purpose  of  taking  forcible  possession  and  holding,  is  also 
an  act  of  hosiility.  This  Mexico  did  first,  and  we  had  then  a  clear 
right  to  anticipate  her  upon  every  principle  o''  the  national  law, 
b/marching  ourselves,  and  placing  ourselves  in  a  condition  suc- 
cessfully to'lueet  and  repel  her.  Between  nations,  as  between  in- 
dividuals, aggression  may  be  met  by  aggression — assault  may  be 
met  by  battery.  But  it  is  said  revolution  gives  no  title  unaccom- 
panied by  actual  and  undisturbed  possession  and  jurisdiction.  As 
a  general  principle  the  proposition  is  true  ;  but  what  is  actual  and 
undisturbed  possession  ?  Does  it  mean  that  the  revolutionary  go- 
vernment is  to  have  a  soldier  on  each  foot  of  her  asserted  domain  ? 
Does  it  mean  that  every  inhabitant  within  her  territory  is  to  ac- 
knowledge and  submit  to  her  sovereignty?  or  does  it  not,  only 
mean,  that  such  government  is  to  have  possession,  claiming  exclu- 
sive title  to  the  whole  of  her  asserted  bounds,  and  possess  tne  pow- 
er and  determination  to  make  that  title  good  by  force,  against  the 
original  sovereignty  ?     I  say  it  means  this  and  nothing  more. 

See  the  result  of  a  different  doctrine.  We  declared  our  inde- 
pendence in  '76  ;  the  war  continued  seven  years.  Suppose  no  trea- 
ty of  peace  had  been  made  recognizing  our  limits,  but  England 
had  simply  retired  from  the  contest  in  disgust  with  the  struggle, 
as  she  might  well  have  done,  would  not  our  title  at  that  moment 
have  been  as  good  to  every  foot  of  our  glorious  Thirteen,  as  it  was 
to  the  very  battle-tields  of  Saratoga  and  Yorktown?  And  yet,  how 
inconsiderable  a  part  of  our  country  was  ever  trodden  by  the  Amer- 
ican soldier  or  within  actual  reach  of  his  arm!  And  yet,  how  ma- 
ny hearts  throughout  the  contest  beat  high  with  true  loyalty  to 
England,  and  were  striking  or  were  burning  to  strike  for  her  stan- 
dard! No,  sir,  the  proposition  is  not  true  as  it  is  sometimes  under- 
stood. It  means  only  the  ability  to  make  the  u-surpation  good  by 
force  of  arms,  when  the  usurper's  title  is  by  force  of  arms  assailed. 
Subject  to  this  tost,  who  can  doubt  that  Texas  had  the  ability  to 
maintain  her  title  to  any  part  of  the  territory  claimed  by  her  be- 
tween the  Nueces  and  the  Rio  Grande  !  Let  the  facts  give  the  an- 
swer. After  her  declaration  of  independence,  and  after  she  had  by 
force  driven  the  Mexican  troops  across  the  latter  river,  they  after- 
wards returned  but  twice  and  were  each  time  driven  back;  and  from 
the  period  of  the  last  incursion,  in  1843,  no  Mexican  soldier  ever 
crossed  the  river,  and  no  civil  oflicer  of  Mexico  ever  exercised  juris- 
diction over  it.  Texas  then  claimed  the  territory — ^Texas  drove 
Mexico  from  it — Texas  had  apparently  the  power,  and  certainly  the 
will,  to  drive  her  from  it  whenever  she  invaded  it.  If  these  were 
the  facts,  and  I  appeal  to  the  honorable  Senator  from  Texas  for 
their  truth,  what  doubt  is  there,  that  to  that  part  of  her  constitu- 
tional limits  she  has  a  perfect  title?  Sir,  a  word  or  two  more,  and 
upon  this  point  I  have  done.  What  Senator,  what  American, 
would  be  now  content  to  abandon  the  territory,  make  the  Nueces 
the  boundary,  and  fight  only  for  that  boundary  ?  For  peace,  to 
put  an  end  to  the  war,  to  spare  the  further  effusion  of  blood,  some 
might  be  found  who  would  by  negotiation  agree  to  that  limit  of 
Mexico — would  surrender  all  title  to  the  rest  oi  Texas.  But  who 
is  there  who  would  now  propose  to  fall  back  to  the  Nueces  and 
abandon  at  once  the  intermediate  territory,  the  very  fields  of  Palo 
Alto  and  Resaca  la  de  Palma  to  Mexico,  and  fight,  her  only  to  the 
banks  of  the  Nueces?  I  believe,  I  hope  for  the  honor  of  a  com- 
mon allegiance,  that  there  is  not  one.  I  have  said  that  I  trusted 
for  the  sake  of  our  heretofore  stainless  character,  that  the  opinion 
I  have  thus  fully  endeavored  to  maintain  was  correct — that  the  war 
is  on  our  part  a  just  one. 

If  not,  sir,  why  is  it  not?  It  is  because  without  justification  wo 
invaded  Mexican  soil.  It  is  because  without  justificatimi  we  caus(>d 
Mexican  blood  to  be  spilled  upon  Mexican  ground.  It  is  because 
they  were  met  at  their  own  homes,  which  wo  invaded;  upon  their 
own  fields,  dear  to  them  as  love  of  country  is  dear — consecrated 
to  them  by  all  the  associations  which  bind  man  to  the  soil  of  his 
birth;  in  tbo  holiest  of  all  duties — the  defence  of  home  and  country 
and  have,  without  right,  without  excuse,  without  palliation,  "iven 


them  to  the  sword— slaughtered  them  by  hundreds  and  thousands. 
and  driven  the  survivors  away.  Sir,  would  not  such  a  tale  of 
wrong,  of  itself,  cover  our  country  with  ignominy?  But  it  is  not 
yet  half  told.  What  else  have  we  done?  We  have  seized  upon  it 
as  a  pretext  for  other,  and  if  possible,  yet  deeper  enormities.  We 
have  published  to  the  world  a  falsehood.  We  have  endeavored  to 
conceal  the  true  character  of  our  outrage.  We  have  stated  that 
the  contest  was  of  their  own  seeking — not  ours;  and  upon  this  de- 
grading perversion,  hav(^  pursued  them  with  still  more  frishtful 
outrage.  We  at  once  called  into  the  field  50,000  soldiers— placed 
the  whole  naval  power  of  the  go%'ernment  at  the  disposition  of  the 
Executive — entrusted  him  with  ten  millions  of  dollars,  and  carried 
on  the  war  thus  begun — took  possession  of  their  towns,  bombarded 
Monterey — carried  it  almost  by  storm,  slaughtering  men  and  wo- 
men by  hundreds  and  thousands.  Still  the  story  is  not  told.  The 
damning  dishonor  is  not  yet  as  dark  as  the  truth.  Another  Con- 
gress assembled — woof  the  Senate  composing  it  in  part.  We  au- 
thorized additional  troops  to  be  raised — we  placed  additional  funds 
in  the  hands  of  the  President. 

We  hear  of  an  intention  to  strike  outrajed  Mexico  in  yet  more 
vital  points — we  do  not  arrest  it.  We  suffer  the  expedition  to  go 
on.  Before  the  Mexican  blood  is  yet  dry  upon  the  fields  of  Palo 
Alto,  Resaca  de  la  Palma,  Monterey  and  Buena  Vista,  Vera  Cruz 
is  bombarded.  Her  churches  fall  under  the  dreadful  aim  of  the  mor- 
tar— the  blood  of  her  women  and  children  runs  in  streams  through 
her  before  peaceful  and  happy  streets — her  almost  every  thorough- 
fare is  obstructed  by  the  mangled  bodies  of  her  slaughtered  cTti- 
zcns,  until  at  last,  her  valor  can  hold  out  no  longer  before  the 
mighty  and  crushing  power  of  our  arms.  She  surrenders.  Yet 
still,  our  vengeance  is  not  glutted.  Innocent,  unoffending,  outra- 
ged Mexico  has  yet  more  cities  to  be  laid  waste  or  conquered — 
more  hearts  to  be  wrung— more  gallant  blood  to  be  shed — more 
women  and  children  to  be  slaughtered — more  agony  in  every  form 
to  suffer.  We  have  not  yet  had  our  fill  of  blood.  We  march  on  in 
fiendish  progress.  At  Cerro  Gordo,  Cherubusco,  Chepultapec, 
Molinodel  Rey,  our  march  of  slaughter  is  renewed,  and  goes  on 

«ith  yet  more  fearful  violence.  Mexican  blood  waters  every 
,  ain.  The  cries  of  Mexican  agony  startle  every  ear,  and  still 
the  work  goes  on.  We  lay  siege  to  the  City  of  Mexico  itself— 
bombard  its  peaceful  dwellings — make  her  streets  to  run  with 
human  blood,  and  slaughter  again  women  and  children,  until  re- 
.sistance  becomes  unavailing.  We  get  po.ssession  of  the  Capital, 
and  yet  carry  on  the  contest.  Sir,  can  our  country  have  done  such 
deeds?  Is  she  so  deeply  steeped  in  crime?  Has  she  no  honor  left? 
Are  we  christian  and  civilized  men,  or  are  wc  robbers  and  murder- 
ers? I  hope  she  will  pardon  me  the  inquiry;  and  yet  if  the  war 
was  unjust,  if  it  was  not  provoked,  if  it  was  our  act  and  not  the 
act  of  Mexico,  every  human  heart,  animated  by  a  .single  human 
feeling,  can  but  answer  in  the  affirmative. 

But  no  sir,  no  sir,  it  is  not  so.  She  is  high-minded,  just  and 
honorable.  She  is  civilized,  not  savage.  Her  citizens  arc  moral 
and  christian.  Those  scenes  are  in  the  eye  of  God  and  man  to 
be  justified,  because  necessary  to  oiu-  honor,  and  forced  upon  us  in 
vindication  of  our  violated  rights.  Mexico  is  answerable  for  all 
these  sad  and  sickening  results.  The  war  is  just,  because  she 
commenced  it.  It  does  exist  by  her  act,  and,  so  help  me  God, 
but  for  that  conviction,  as  I  reverence  tnith  and  detest  falsehood, 
1  would  never  have  voted  for  the  act  of  the  loth  May,  '46. 

So  far  I  have  been  considering  the  justice  of  the  war  as  between 
the  two  belligerents— the  United  States  and  Mexico,  as  nations.— 
But  another  and  a  material  inquiry  presents  itself.  What,  inde- 
pendent of  the  attack  upon  our  troops  on  the  Rio  Grande,  the  im- 
mediate cause  of  the  war,  was  its  remote  cause?  Upon  this  point 
I  agree,  I  believe,  and  have  ever  agreed  with  ray  political  friends, 
and,  as  I  think,  with  hundreds  and  thousands  of  our  political  op- 
ponents. That  cause  is  to  be  found  in  two  measures  of  the  Presi- 
dent of  the  United  States.  The  first,  the  mode  he  pursued  under 
the  resolutions  of  the  l.st  March,  '45,  to  con.summate  the  annexa- 
tion of  Texas  to  our  Union.  The  second,  and  the  more  direct  and 
immediate  cause,  his  order  to  march  our  troops  to  the  Rio  Grande. 
Upon  both  these  points  I  proceed  to  give  my  opinion  with  the 
frankness  which  becomes  me,  and  at  the  same  time  the  deeonmt 
which  is  due  to  the  executive  officer  of  the  government. 

First.  The  mode  he  adopted  of  consunimating  annexation. — 
The  resolution  of  Congress  of  1st  March  presented  alternative 
modes.  Under  the  one,  Texas  was  to  be  admitted  without  any 
precedent  definition  of  her  boundaries.  Under  the  other,  there 
was  to  be  such  a  definitiim.  Sir,  I  will  not  stop  to  enquire  into 
the  secret  history  of  that  resolution,  in  this  body.  The  treaty 
which  preceded  it  had  been  rejected,  because  it  prescribed  no  other 
boundary  than  that  which  Texas  claimed.  It  was  rejected,  as 
appears  by  the  debates  in  this  chamber,  because  inthe  judirmenl 
of  some  Senators  on  the  other  side,  such  claim  was  untrue  and  in- 
valid— invalid  because  a  large  portion  of  the  territory  embraced 
within  the  asserted  limits  was  clearly  a  jiortion  of  Me'xico.  The 
treaty  being  rejected,  the  resolution' of  the  Isi  March,  1845,  came 
to  the  Senate.  That,  too,  was  open  to  the  same  objection  as  the 
treaty.  It  left  the  boundary  to  depend  on  the  claim  of  Texas.  It 
was  impossible  for  those  who  thought  the  treaty  was  obnoxious  on 
tliat  ground,  and  on  that  ground  voted  against  it,  to  give  it  their 
support. 

But  they  did  vote  for  it,  after  getting  it  amended  by  the  insertion 
of  an  alternative  mode.  Sir,  hovy  happened  it  that  this  clian<;e  of 
form  reconciled  them  to  the  mea.sure  ?  Could  it  have  heen  for  any 
other  reason  than  because  they  were  satisfied  that  that  alternative 
would  be  pursued  by  the  President  ?     Such  alternative  obviated  the 


January   10.] 


THE  TEN  REGIMENT  BILL. 


87 


objootion  of  an  unsettled  and  unjust  boundary.  It  looked  to  nego- 
tiation as  the  remedy  to  avoid  all  difficulty  either  with  Texas  or 
Mexico.  It  looked  to  annexation,  without  (he  hazard  of  war,  and 
was  designed  for  the  pure  and  patriotic  purpose  of  maintaining 
the  peace  and  honor  of  the  United  Slates.  Now,  sir,  I  do  not 
allege  that  this  was  the  ground  of  their  support,  and  si  ill  less  that 
they  had  any  assurance  Irom  the  President  upon  the  subject;  but 
I  do  allege  that  I  can  conceive  no  other  reason  for  their  vote  upon 
the  resolution  at  all  in  keeping  with  their  characters  for  high  in- 
telligence, firmness  of  purpose,  and  patriotism,  than  that  they 
thought  they  had  an  assurance  that  their  mode  of  annexation  would 
be  pursued.  Sir,  how  did  it  turn  out  ?  The  ink  was  hardly  dry  with 
which  the  resolution  was  recorded,  and  the  name  of  the  President 
attached  to  it,  before,  without  going  through  the  form  even  of  a 
moment's  subsequent  deliberation,  a  messenger  was  despatched  to 
the  government  of  Texas,  inviting  her  into  the  Union,  under  the 
first  alternative — and  under  the  first  alternative,  she  came  into  the 
Union. 

Now,  sir,  I  charge  upon  the  President,  that  this  hasty  and  ill- 
advised  step  was  the  remote  cause  of  the  present  war.  I  charge 
it  upon  him,  that  if  he  had  acted  prudently,  and  cautiously,  and 
wisely,  he  would  have  proceeded  under  the  other  alternative,  and 
have  saved  the  dreadful  etTusion  of  blood  the  world  has  been  com- 
pelled 10  witness. 

I  charge  it  upon  him  that  the  course  which  he  did  pursue  was 
inconsistent  with  that  uniform  policy  of  his  predecessors  to  avoid,  or 
to  seek  to  avoid,  by  every  possible  and  honorable  means,  that 
direst  of  almost  all  national  evils — war. 

Sir,  it  is  no  defence  that  Congress  authorized  the  step  he  did 
take.  They  to  be  sure  authorized  it,  but  did  not  command  it.  They 
left  with  him,  unwisely,  I  think — certainly  I  would  not  have  done 
it — the  discretion  to  adopt  it.  But  he  knew — must  have  known — 
that  some  of  the  wisest  ard  purest  of  statesmen  predicted  that  it 
would  end  in  war;  and  that  some  of  thi>  wisest  and  purest  of  the 
statesmen  belonging  to  his  own  political  party,  entertained  that 
opinion.  He  knew  that  a  majority  of  the  Senate,  his  constitutional 
advisers,  were  firmlv  of  that  opinion.  He  knew  they  had  promptly 
rejected  a  treaty  upon  that  very  ground,  and  that  alone;  and  yet  in 
defiance  of  all  this,  ho  headlong  fakes  the  obnoxious  slep,  and|the 
war  ensues.  The  responsibility  is  upon  his  head,  and  heavy,  and 
overwhelming  is  that  responsibility. 

Sir,  annexation  of  itself  would  not  have  been  war — Mexico  had 
no  right  to  make  it  a  cause  of  war.  Texas  independence  had  been 
too  long  established  and  undisturbed,  to  have  her  absolute  right  of 
sovereignty  called  in  question — acknowledged  by  the  principal 
powers  of  the  world,  all  had  a  right  to  .say,  that  revolution  had 
ripened  into  title,  and  especially  had  the  United  States,  the  neigh- 
bor of  the  new  government,  that  right.  Nor  do  I  believe,  Mr. 
President,  that  Mexico,  proud  and  arrogant  as  she  then  was, 
would  have  dared  on  account  of  the  treaty  of  annexation  to  make 
war  upon  the  United  States.  No,  sir,  it  was  the  manner,  not 
the  fact.  It  was  the  rashness,  and  under  the  circumstances,  in 
my  opinion,  the  utter  rashness  of  the  President's  course.  I  repeat, 
therefore,  my  settled  conviction,  that  the  President  is  on  this  ac- 
count answerable  for  the  war.  But,  upon  the  second  ground  to 
which  I  have  referred,  his  liability  is  even  yet  more  manifest,  and 
without  a  .shadow  of  justification  or  excuse.     Sir,  I  need  not  say 


that  I  impute  no  improper  motives  to  the  President.  He  has  no 
doubt,  I  hope  acted  under  a  mistaken  sense  of  duty.  But  in 
my  opinion,  sir,  the  order  to  march  our  army  to  the  Rio  Grande 
was  a  flagrant  violation  of  that  duty — was  ill  advised,  reckless 
and  clearly  agamst  the  spirit  of  the  constitution. 

Sir,  he  could  not  but  have  known  that  such  a  measure  was  likely- 
to  bring  on  hostilities.  He  could  not  but  have  known  that  such 
hostilities  would  be  in  the  judgment  of  the  nation,  war.  The  war 
making  power  is  exclusively  vested  in  Congress,  for  wise,  high  and 
vital  reasons  of  public  policy.  No  man  would  be  mad  enougli  to 
repose  such  a  dreaded  power  in  the  executive.  The  security  of 
freedom  and  peace  demands,  that  those  who  are  to  pay  the  expen- 
ses ol  war,  should  alone  have  the  right  to  declare  it.  Congress 
was  then  in  session,  why  were  they  not  consulted  ?  Was  it  appre- 
hended that  they  would  not  bv  such  a  step  hazard  the  peace  of  the 
nation?  Was  it  because  it  was  believed  that  they  would  resort  to 
every  possible  effort  before  tak'ng  a  step  so  likely  to  involve  us  ?  Sir, 
I  hope  not,  I  am  bound  in  respect  to  the  President  to  believe  not. 
But,  sir,  the  fact  remains.  Is  there  a  citizen  in  the  United  States  of 
any  intelligence  who  can  doubt  it,  that  Congress  never  would,  in 
the  then  condition  of  things,  have  suffered,  if  they  could  have  pre- 
vented itj  much  less  ordered  that  march. 

I  charge  therefore  upon  the  President  that  as  far  as  the  United 
States  and  himself  are  concerned,  he  is  the  author  of  the  war.  He 
and  he  only,  and  upon  his  hands  rests  the  blood  which  has  crimson- 
ed its  many  glorious  battle  fields.  But  this,  sir,  is  a  question  be- 
tween the  country  and  the  President.  Mexico  had  no  right  on 
that  account  to  assail  our  flag. 

To  her  it  made  no  difl'erence  under  what  authority  of  this  go- 
vernment our  troops  were  on  the  Rio  Grande.  We  had,  I  repeat, 
and  hope  I  have  shown,  a  right  to  send  them  there,  and  her  at- 
tack upon  them  was,  as  regards  him  and  ourselves,  war  actually 
begun  by  her. 

Sir,  our  flag  has  waved  in  proud  glory  over  every  field  of  con- 
flict. The  nation's  heart  has  beat  high  with  pride  and  gratitude 
to  the  brave  spirits  who  have  carried  it,  for  their  matchless  gallan- 
try and  skill.  Upon  the  nation's  brow  no  blush  need  to  be  seen. 
They  were  not  permitted  to  avoid  the  horrid  strife.  Their  Presi- 
dent, without  their  knowledge,  rashly  involved  the  nation's  honor. 
That  honor  was  then  illegally  assailed.  They  had  no  choice  but  to 
vindicate  it.  Theirs  is  all  the  glory  which  has  been  achieved.  The 
President  hereafter,  when  in  the  retirement  of  private  life,  and 
reviewing  the  scenes  of  these  bloody  conflicts,  however  it  mav  be 
now,  will  take  no  joy  in  the  remembrance  of  our  triumphs.  The 
voice  of  conscience  will  tell  him  that  all  the  blood  of  the  battle  was 
of  his  shedding.  The  tale  of  its  glory  to  him,  will  be  lost  amidst 
the  agonizing  cries  of  the  widows  and  the  orphans  it  has  made. — 
Sir,  I  repeat  it,  I  alledge  no  improper  motive  to  the  Executive,  but 
as  I  believe  that  I  am  now  addressing  you,  do  I  believe  that  upon 
the  President  rests  the  blood  and  expenses  of  the  war,  and  upon 
him,  therefore,  I  charge  them. 

Without  concluding,  Mr.  Johnson  gave  way  to  a  motion  to 
adjourn,  and 

The  Senate  adjourned. 


88 


PETITIONS,  RESOLUTIONS,  ETC. 


[Tuesday, 


TUESDAY,  JANUARY  11,  1848. 


REPORT  FROM  THE  WAR  PEPARTMENT. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  Report  of  tlie 
Secretary  of  War,  made  aareeably  to  law,  exhibiting  the  expendi- 
tures from  the  contingent  funds  of  the  Department,  its  Bureaus 
and  Offices,  during  the  fiscal  year  ending  June  30,  1847. 


ALTERATION   OF   THE  JUDICIAL   SYSTEM. 

Agreeably  to  notice,  Mr.  ASHLEY  asked,  and  obtained  leave 
to  bring  in  a  bill  to  alter  and  amend  the  judicial  system  of  the 
United  States;  which  was  read  the  first  and  second  times,  by 
imanimous  consent,  and  referred  to  the  Committee  on  the  Judi- 
ciary. 


pray 


Mr.  BRADBURY  presented  the  memorial  of  John  O.  Means, 
compensation  for  services  as  Purser  on   board  the  United 


the 


Statcslirig  Dolphin,  in  the  year  1843;  which  was  referred  to 
Committee  on  Naval  Affairs. 

Mr.  MASON  presented  the  memorial  of  Thomas  Jefferson  Ran- 
dolph, executor  of  Thomas  Jefferson,  deceased,  formerly  President 
of  the  United  States,  praying  Congress  to  purchase  the  manu- 
script papers  of  said  Thomas  Jefferson;  which  was  referred  to  the 
Committee  on  the  Library. 

Mr.  CASS  presented  the  petition  of  I.  C.  Montague  and  others, 
citizens  of  Memphis,  Tennessee,  praying  that  bounty  lands  may  be 
granted  to  the  soldiers  of  the  regular  army  who  served  in  the  bat- 
ties  of  Palo  Alto,  Resacade  la  Palma,  and  Monterey;  which  was 
referred  to  the  Committee  on  Military  Affaii-s. 

On  motion  by  Mr.  CASS,  it  was 

Ordered,  That  the  petition  of  Shadrach  Gillet  and  others,  on 
the  files  of  the  Senate,  be  referred  to  the  Committee  on  Private 
Land  Claims. 

NOTICES  OF  BILLS,  ETC. 

Mr.  HUNTER,  Mr.  BREESE,  and  Mr.  DIX,  severally  gave 
notice  that  on  to-morrow  they  would  ask  leave  of  the  Senate  to 
introduce  certain  bills. 

Mr.  DICKINSON  stated,  that  the  discussion  on  the  Military 
Bill  had  extended  farther  than  he  had  anticipated,  and  he  thought 
it  proper  that  he  should  notify  the  Senate  that  he  would  call  up 
his  resolutions  to-morrow,  during  the  morning  hour;  not  for  the 
purpose  of  having  a  general  discussion  upon  them;  but  merely  in 
order  to  submit  some  remarks  which  he  had  intended  to  make  upon 
them  at  an  earlier  period. 

CONTRIBUTIONS  IN  MEXICO. 

Mr.  XIAYTON  submitted  the  following  resolution  for  conside- 
ration. 

Resolved.  That  Uie  President  be  requested  to  fainish  to  the  Senate  (if  in  his  judp- 
ment  not  incompatible  with  the  public  servioe,)  copies  of  the  letter  referred  to  in  his 
Message,  of  General  Scott,  of  20th  May,  1847,  and  of  the  letter  of  General  Taylor  of 
26lh  October,  lH4ri,  on  the  subject  of  "forced  contributions  in  .Mexico,"  and  of  all 
other  correspondence  on  that  subject,  (if  any,)  not  heretofore  commnnicated. 

Mr.  DAYTON  asked  that  the  resolution  be  now  considered. 
Mr.  SEVIER  objected,  and  it  was  laid  over,  under  the  rule. 

MR.  TRIST's  CORRESPONDENCE. 

Mr.  BALDWIN  submitted  the  following  Resolution  for  consi- 
deration. 

Ffsotted,  That  the  President  of  the  United  States  ha  requested  to  communicate 
for  the  information  of  the  Senate,  Itie  corrcsjionilence  between  the  Commissioner  from 
the  United  States  and  the  Commissioners  appointed  by  the  government  of  Mexico  to 
nepoliate  with  him,  during  the  suspension  of  hostilities,  at'ter  the  b,-ittles  of  Conlreras 
ana  Churubnsco;  and  any  other  information  which  may  enable  the  Senate  to  under 
stand  tJie  tenns,  progress  and  issue  of  that  negotiaUon,  so  far  as  he  may  deem  Ihesame 
not  incompatible  with  the  public  interests. 

Objection  being  made  to  the  consideration  of  the  resolution  at 
this  time,  it  was  laid  over  under  the  rule. 

ISAAC    VARNE3,    SR. 

On  motion  by  Mr.  BADGER,  it  was 

Ordered,  That  the  Committee  on  Military  Affairs  be  discharged 
from  the  further  consideration  of  the  memorial  of  Isaac  Varnes, 
senior,  and  that  it  be  referred  to  the  Committee  of  Claims. 

CREED     TAYLOR. 

Affreeably  to  notice,  Mr.  ASHLEY  asked,  and  obtained  leave 
to  bring  in  a  bill  for  the  relief  of  Creed  Taylor;  which  was  read 
the  first  and  second  times,  by  unanimous  consent,  and  referred  to 
the  Committee  on  the  Post  Office  and  Post  Roads. 


GRANT    OF    LAND. 

Agreeably  to  notice,  Mr.  FELCH  asked,  and  obtained  leave  to 
bring  in  a  bill  to  apply  certain  alternate  sections  of  the  public 
domain  toward  the  completion  of  the  Clinton  and  Kalamazoo  Ca- 
nal, in  the  State  of  Michigan;  which  was  read  the  first  and  second 
times,  by  unanimous  consent,  and  referred  to  the  Committee  on 
Public  Lands. 

SDSAN  E.    GORDON. 

Mr.  MASON,  from  the  Committee  of  Claims,  to  whom  had  been 
referred  the  bill  for  the  relief  of  Susan  E.  Gordon,  reported  it  witli 
an  amendment. 

Mr.  MASON  also  submitted  a  report  on  the  subject;  which 
was  ordered  to  be  printed. 

The  bill  was  read,  and  passed  to  the  second  reading. 

INCREASE    OF    THE    MEDICAL    STAFF. 

Mr.  CASS,  from  the  Committee  on  MilitaiT  Affairs^  reported  a 
bill  for  an  increase  of  the  medical  stafl'  of  the  army  lor  a  limited 
time;  which  was  read,  and  passed  to  the  second  reading. 

JONES   AND    BOKER. 

Mr.  RUSK,  from  the  Cormnittee  on  the  Post  Office  and  Post 
Roads,  to  whom  had  been  referred  the  petition  of  Jones  and  Boker, 
submitted  a  report,  accompanied  by  a  bill  for  their  relief. 

The  bill  was  read,  and  passed  to  the  second  reading. 
Ordered,  That  the  report  be  printed. 

INDIAN  RESERVATIONS. 

Mr.  SEVIER,  from  the  Committee  on  Indian  Affairs,  to  whom 
had  been  referred  the  bill  authorizing  persons  to  whoin  reserva- 
tions of  land  have  been  made  under  Indian  treaties  to  alienate  the 
same  in  fee,  reported  the  same  without  amendment. 

Doniphan's  expedition. 

The  Senate  proceeded  to  consider  the  following  resolutions  sub- 
mitted by  Mr.  Benton,  on  the  3d  instant  : 

Resolved,  That  there  be   printed  for  the  use  of  the    Senate copies  of  the 

tour  or  memoir  of  Dr.  Wislizenus,  through  the  northern  parts  of  Mexico,  as  physician 
lo  Col.  Doniphan's  column;  being  a  history  of  the  expedition  of  Col.  Doniphan,  with 
scientific  observations  upon  the  face  of  the  country,     .-ilso,  that   there  be  engraved  or 

lithographed  for  the  use  of  the    Senate,  copies   of  the  superficies  map   which 

accompanies  the  same.  Also,  the  same  number  of  the  barometrical  map  of  the  pro- 
lile  of  elevations  above  the  level  of  the  sea  from  St.  Louis  in  Missouri,  on  the  line  of 
inarch  of  said  expediuon  to  Santa  Fe,  in  New  .Alexico,  and  thence  by  Chihuahua, 
the  Bolson  de  Mapini,  Parras,  Saltillo,  and  Monterey  to  Reynosa.  on  the  Rio  Grande. 
Also,  the  same  number  of  the  geological  map,  and  the  same  number  of  the  table  of 
meteorological  observations,  which  accompany  the  same. 

Also,  Be  it  resolved.  That  copies  of  the  said  memoir,  with  the  accompany. 

ing  maps,  be  printed  for  the  use  of  Dr.  Wislizenus. 

On  motion  by  Mr.  DIX,  it  was 
Ordered,  That  they  be  referred  to  the  Committee  on  Printing. 

EDITORS    OF   THE   UNION. 

The  Senate  proceeded  to  consider  the  following  resolution, 
submitted  by  Mr.  Mason  on  the  6th  instant: 

Resolved,  That  the  Editors  of  tlie  Union,  a  newspaper  printed  at  Washington, 
and  who  were  late  printers  to  the  Senate,  be  hereafter  entitled  to  the  saine  access  to 
the  floor  of  the  Senate,  which  is  now  extended  to  others  who  were  former  like  printers. 

The  resolution  having  been  read,  and  the  question  being  upon 
its  adoption — 

Mr.  MANGUM  said:  I  hope  the  question  will  be  postponed 
until  another  day.  The  matter  seems  to  attract  no  attention  what- 
ever on  the  part  of  the  Senate. 

Mr.  WESTCOTT,  (from  his  seat.)— The  Senator  mistakes  the 
subject  of  the  resolution. 

Mr.  MANGUM.— What  is  the  resolution,  then? 


January  11.] 


THE  WIDOW  OF  COL.  McREA. 


89 


Mr.  WESTCOTT.— It  does  not  refer  to  the  reporters  of  the 
Senate.  It  is  to  admit  Ritchie  8c  Heiss  to  the  privilege  of  the 
floor  of  the  Senate.  I  believe  they  are  not  now  otficers  or  print- 
ers of  the  Senate.  I  would  inquire  of  the  Senator  as  to  this  fact. 
I  think  the  resolution  proposes  to  give  the  same  privilege  as  for- 
mer printers  to  the  Senate  now  have.  I  did  not  hear  the  reading 
distinctly,  but  I  believe  this  is  the  purport . 

At  the  request  of  Mr.  Cameron,  the  resolution  was  again  read. 

Mr.  CAMERON  then  moved  that  the  resolution  be  amended 
by  inserting  the  words  "and  publishers"  after  the  word  "editors." 
He  believed  that  Mr.  Heiss  was  known  not  as  editor  but  as  pub- 
lisher of  the  Union. 

Mr.  HANNEGAN. — Before  any  question  is  taken  on  the  reso- 
lution, I  would  suggest,  that  as  the  Senator  who  introduced  it  is 
not  now  in  his  place,  it  woiUd  be  as  well  that  it  be  permitted  to 
lie  upon  the  table  for  the  present. 

Mr.  WESTCOTT.— I  wish  to  say  one  word.  I  am  not  op- 
posed to  this  resolution.  Regarding  it  as  an  act  of  clemency — a 
fardon  by  the  Senate — a  mere  act  of  grace — I  shall  vote  for  it,  and 
presume  on  that  ground  no  Senator  will  oppose  it,  and  if  con- 
sidered now  it  will  be  adopteij. 

Mr.  SEVIER. — The  resolution  is  very  clear  and  explicit  in  its 
terms,  being  intended  merely  to  extend  to  those  gentlemen  the 
same  courtesy  as  others  in  a  like  situation  are  entitled  to  claim. 

The  question  being  taken  on  the  amendment,  it  was  agreed  to; 
and  the  question  then  being  on  the  adoption  of  the  resolution  as 
amended — 

Mr.  BERRIEN  said:  I  suppose  that  the  purpose  of  the  mover 
of  this  resolution  might  be  accomplished  by  rescinding  the  resolu- 
tion of  last  session.  I  am  not  aware,  myself,  what  arc  the  privi- 
leges which  are  referred  to;  but  I  am  perfectly  content  that  the 
pm-pose  of  the  resolution  shall  be  accomplished.  I  think  that  the 
sense  of  the  Senate,  regarding  the  occurrence  which  induced  the 
resolutiori  of  the  last  session,  was  expressed  by  the  passage  of 
that  resolution.  That  purpose  being  accomplished,  I  am  perfectly 
willing  to  see  the  object  of  this  resolution  attained.  But  I  think, 
though  I  will  not  urge  it,  I  think  it  would  be  more  pertinently  ao- 
complished  by  rescinduig  the  resolution  of  last  sessioH. 

Mr.  MASON,  having  returned  to  his  seat,  said:  When  I  intro- 
duced the  resolution,  I  had  hoped  that  it  would  be  met  by  those 
who  voted  for  the  resolution  ol  last  session,  in  the  spirit  in  which 
it  has  been  met  by  the  distinguished  Senator  from  Georgia.  I  am 
gratified  with  it.  The  resolution  is  drawn  with  an  earnest  desire 
not  to  provoke  discussion,  and  although  I  should  acquiesce  cheer- 
fully in  a  proposition  to  rescind  the  former  resolution,  yet  I  had 
thought,  and  still  thmk,  and  I  am  still  farther  strengthened  in  this 
opinion  by  conversations  which  I  have  had  with  gentlemen  around 
me.  that  the  resolution  will  be  more  acceptable  in  the  form  in 
which  it  now  stands. 

Mr.  DAYTON. — If  the  question  be  put  upon  the  resolution  ns 
it  now  stands,  my  impression  is,  that  it  will  be  adopted. 

The  question  was  then  put  on  agreeing  to  the  resolution  as 
amended,  and  it  was  decided  in  the  affirmative. 

WIDOW    OF  COL.    MC  RE.\. 

The  bill  for  the  relief  of  Mary  McRea,  widow  of  Lieut.  Col. 
William  MeRea,  late  of  the  United  States  army,  deceased,  was 
read  the  second  time,  and  considered  as  in  Committee  of  the 
Whole. 

Mr.  TURNEY  called  for  the  reading  of  the  report  in  this  ease, 
and  it  was  read  by  the  Secretary. 

Mr.  CASS  sent  to  the  Secretary's  table  a  letter  from  Mrs.  Mc- 
Rea, which  was  read. 

Mr.  PEARCE  said  :  When  this  bill  was  before  the  Senate  at  a 
former  session,  I  felt  it  my  duty  to  oppose  it,  and  I  shall  be  com- 
pelled to  do  so  now.  I  think  the  report  contains  a  very  erroneous 
statement.  I  find  it  stated,  that  if  an  officer  of  the  na\-y  dies  in  the 
service  his  widow  will  be  entitled  to  a  pension,  and  that  as  both 
military  and  naval  pensions  are  now  paid  out  of  the  Treasury, 
there  is  no  good  reason  lor  discriminating  between  widows  of  offi- 
cers of  the  army,  and  those  of  officers  of  the  navy.  Well,  all  this 
is  a  mistake.  The  widow  of  a  naval  officer,  as  I  understand  it, 
if  the  officer  be  killed  in  battle,  or  die  from  exposure  in  the  service, 
receives  a  pension;  but  not  where  the  officer  spends  a  life  in  the 
service,  receiving  its  honors  and  emoluments,  and  dies  from  old 
age.  It  is  true  that  when  the  naval  pension  fund,  created  from 
the  earnings  of  the  navy,  had  accumulated  to  a  large  amount. 
Congress  very  improvidently  passed  a  law,  by  which  all  widows 
of  naval  officers  were  entitled  to  pensions  from  the  time  of  the 
death  of  their  husbands,  without  reference  to  the  cause  or  the 
manner  of  their  death,  and  so  great  were  the  arrearages  which 
were  granted  to  widows  under  these  circumstances,  that  one  of 
them,  I  know,  received  the  amount  of  about  twenty  thousand  dol- 
lars. By  means  of  these  heavy  arrearages  being  granted  the  fund 
30th  Cong.— IsT  Session — No.  12. 


became  exhausted;  and  Congress  then  repealed  the  act,  and  now 
there  is  no  general  provision  on  the  subject.  This  bill  is  the  intro- 
duction of  a  new  prmciplA',  and  one  which  I  think  entirelv  indefen- 
sible. Why  do  we  give  pensions  to  the  widows  of  officers  of  the 
army  or  navv'?  I  think  it  is  to  repair  to  them  in  some  degree  the 
injury  sustained  by  theni  in  the  loss  of  their  husbands,  which  has 
been  brought  on  by  exposure  in  the  service.  It  is  partly  for  thi.i 
object,  and  partly  to  stimulate  officers  in  the  performance  of  their 
duty, — 

Mr.  DIX. — Will  the  Senator  allow  this  subject  to  pass  by  infor- 
mally, as  the  honorable  Senator,  who  was  Chairman  of  the  Com- 
mittee on  Military  Affairs  last  year,  and  who  made  this  report,  i-; 
not  now  in  his  place. 

Mr.  Peap.ce  acquiesced,  and  a  motion  being  made  to  that  ef- 
fect the  bill  was  laid  upon  the  table. 

THE  TEN  REGIMENT  BILL. 

The  Senate  resumed  the  consideration,  on  its  third  reading,  of 
the  bill  to  raise,  for  a  limited  time,  an  additional  military  force. 

Mr.  JOHNSON. — I  have  said  all  that  I  proposed  to  say  upon  the 
part  of  the  subject  to  which  I  called  the  attention  of  the  Senate 
yesterday.  It  is  possible,  however,  that  in  what  I  am  about  to 
offer  to  the  consideration  of  the  Senate,  I  shall  incidentally  refer  lo 
it  again. 

I  rise  this  morning,  sir,  to  speak  in  the  first  place,  of  the  actual 
conduct  of  this  war  under  the  management  of  the  President  of  the 
United  States.  The  war  was  recognized  as  existing  on  the  13th 
of  May,  1846.  We  are  now  in  the  month  of  January,  1848,  and  to  all 
appearance,  the  restoration  of  peace  is  as  far  off,  and  even  farther, 
than  it  seemed  to  be  on  the  13th  of  May,  1S46.  The  whole  power 
of  the  nation,  so  far  as  he  has  deemed  it  advisable  to  ask  to  have 
that  power  devolved  upon  him,  has  been  placed  in  the  hands  of  the 
Executive.  Not  an  occasion— although  there  have  been  so  many 
and  such  glorious  ones — has  presented  itself  in  which  the  Amcri- 
ca:n  arras  nave  not  been  triumphant.  And  yet  there  is  no  peace. 
My  opinion  is,  and  has  been  throughout,  that  the  rea.son  is  to  be 
referred  exclusively  to  the  want  of  vigor  with  which  the  war  has 
been  prosecuted.  We  have  had  an  ostentatious  and  asserted  vi- 
gor, hut  we  have  bad  nothuig  else  as  far  as  the  President  is  con- 
cerned. 

1  am  very  far  from  imputing — because  I  am  incapable  of  making 
a  charge  which  I  do  not  believe  to  be  true — 1  am  very  far  from  im- 
puting, that  this  want  of  actual  vigor  has  been  intentional  on  the 
part  of  the  Executive.  So  far  from  it,  I  believe  that  he  has  been 
deluding  himself  from  time  to  time,  with  the  idea  that  peace  was 
to  be  obtained  without  the  effusion  of  blood — a  sad  delusion — one 
which  must  hereafter  constitute  a  great  and  overwhelming  account 
of  responsibility  against  himself, 

I  said  yesterday,  that  it  was  the  march  of  our  troops  from  the 
Nueces  to  the  Rio  Grande,  that  was,  in  my  opinion,  the  immediate 
cause  of  the  war.  I  say  to-day  what  I  have  had  occasion  to  say  in 
other  places,  over  and  over  again — that  I  believe  that  that  march 
of  itself,  if  it  had  been  made  with  a  proper  force,  would  not  actu- 
ally have  led  to  such  a  result.  I  have  no  doubt  that  if,  instead  of 
sending  the  small  but  gallant  band — the  heroes  of  Palo  Alto  and 
Resaca  dela  Palma — to  the  Rio  Grande,  he  had  sent  from  5,000 
to  8,000  men,  not  a  drop  of  blood  would  have  been  shed,  and  no 
Mexican  ever  have  ventured  to  have  trodden  the  soil  on  this  side 
of  the  river  in  hostile  attitude.  But  sir,  the  war  commenced,  was 
recognized,  and  50,000  troops,  with  an  unlimited  amount  of 
treasure,  were  freely  placed  at  the  disposal  of  the  Executive, 
together  with  an  implied  promise  such  as  to  give  the  President  the 
assurance  (if  such  were  needed,)  that  this  unlimited  amount  could, 
if  the  expression  may  be  excused,  be  made  still  more  unlimited. 
And  yet  what  has  he  done?  Instead  of  calUng  out  twenty  or  thirty 
or  forty  or  fifty  thousand  men,  as  he  was  authorized  to  do  by  the 
act  of  the  13th  of  May,  1846,  he  and  the  officers  at  the  head  of 
the  War  Department  called  them  out  by  driblets — and  announced 
to  the  country  from  time  to  time  that  they  had  a  sufficiency  of 
force  to  conquer  a  peace.  What  has  been  the  consequence?  That 
which  every  man  of  intelligence  who  speaks  as  he  thinks  must  ac- 
knowledge— that  great  and  mighty  and  extraordinary  as  have  been 
the  triimiphs  of  tiie  American  arms,  they  have  hardly  furnished  us 
anything  but  the  glory  attending  them.  They  have,  to  be  sure, 
illustrated  the  American  character  for  valor  and  military  skill; 
but  they  have  served  no  other  purpose.  And  why,  Jlr.  President? 
Because  each  struggle  has  been  at  such  fearful  odds,  that  the  gal- 
lant officers  in  cormnand  have  been  unable  to  follow  it  up  or  profit 
by  the  result. 

Sir,  look  at  the  history  of  the  campaign  on  the  Rio  Grande. 
General  Taylor,  who,  with  a  few  thousand  men,  marched  to  Mon- 
terev,  and  succeeded,  after  a  dread  and  fearful  conflict,  in  carr}'ing 
that  almost  impregnably  fortified  town — was  so  far  crippled  that 
he  was  unable  to  hola  even  the  prisoners  that  he  might  take. 
What  happened  afterwards?  The  plan  of  the  campaign  is 
changed,  some  new  light  dawns  upon  the  mind  of  the  Executive, 
and  Mexico  is  to  be  stricken  in  a  different  part.  There  is  a  point 
still  more  vital  to  be  assailed — a  point  still  more  certain,  it  as- 
sailed, to  lead  to  the  restoration  of  peace,  and  of  the  vindication 
of  our  outraged  rights.  ,What  is  done?  General  Taylor  is  strip- 
ped of  what  was  supposed  to  be  the  very  flower  of  his  command. 
The  enemy  approached.  Eight  or  ten  millions  of  the  public  pro- 
perty were  exposed  to  be  lost,  unless  preserved  by  the  gallantry 


90 


THE  TEN  REGIMENT  BILL. 


[Tuesday, 


and  indomitable  valor  of  the  few  soldiers  left  behind  to  guarJ  "• 
Almost  with  electric  speed  it  becomes  known  at  the  city  ol  Mex- 
ico, and  an  armv  such  as  she  had  never  before  marched  uito  the 
field,  was  organized,  amounting  to  some  twenty  or  twenty-hvo 
thousand  troops,  and  led  on  by' their  greatest  chief. 

Mr.  President,  much  as  his  previous  successes  had  satishea 
evcrv  American  that  Taylor,  and  the  olficers  and  men  under  Ins 
command,  were  competent  to  accomplish  almost  any  triumph  that 
human  power  could  accomplish,  was  there  one  who  did  not  then 
tremble  for  their  fate?  And  the  fact  that  they  were  not  utterly 
annihilated,  may  be  considered  ahnost  a  military  miracle,  dis- 
parity of  force  was  comparatively  nothing  before  the  energies  oi 
American  soldiers,  and  in  the  uni.als  of  former  inilitarj-  triurapn=, 
the  proudest  of  them  all  will  hereafter  be  regarded  as  nothing  m 
comparison  with  the  victories  of  Buena  Vista.  They  are  all 
thrown  in  the  shade  bv  the  brilliant  light  of  an  exploit,  which, 
whilst  it  electrified  the  American  heart,  astounded  the  world. 

Let  us  look  now,  sir,  to  the  campaign  of  last  year.  General 
Scot!  was  compelled  to  assail  the  city  of  Vera  Cruz  with  between 
12  000  aid  11,000  troops,  and  to  carry  at  all  hazards  a  castle 
supposed  to  bo  impregnable.  He  succeeded  in  accomplishing  it 
but  ho  hasdonc  little  or  nothins  beyond  that.  Every  battle  which 
was  fought  between  Vera  Cruz^and  the  city  of  Mexico  was  louqht 
wita  a  tlisparity  of  numbers  actually  appalling.  That  noble  leader 
was  forced  to  march  a  distance  of  150  or  200  miles,  (I  forget  the 
exact  distance.)  into  the  enemy's  country,  and  lor  a  great  portion 
of  the  way  through  a  dense  population,  to  assail  a  city  containing 
ISO  000  or  200,000  inhabitants,  surrounded  by  lortilications,  which 
were  supposed  to  be  impro^mable,  and  without  even  the  means  of 
keepin"  up  his  commnnicaiion  with  the  seaboard  lor  the  purpose 
of  ecttTnT  supplies.  These  supplies  found  their  way  to  him  Irom 
time  to  tune  by  the  gallantrv  of  the  escort,  who  were  obliged  to 
fight  foot  by  foot  almost  evciv  mile  of  their  progress.  And  at  the 
end  of  all  his  great  and  cxtiaiirdinary  triumphs,  Scott  finds  him- 
self in  the  city  of  Mexico  wi'h  only  some  (j,000  soldiers.  Now. 
sir.  who  docs  not  believe  thai,  if  he  had  started  with  an  array  of 
30^000  men,  although   he  mi'.'ht  then  have  been  deprived  of  the 

■  glorv  of  his  many  v.'clories.  we  might  have  been  in  possession  of 
the  city  of  Mexico  perhaps  willyout  tlie  shedding  of  a  drop  of  blood — 
American  or  Mexican  '.  Wha  can  doubt  that  it  is  the  duty  of  an 
E.xecutive  managing  .t  war  declared  to  exist  by  a  Cliristian  people, 
to  do  what  the  honorable  Senator  from  Mississippi,  (Mr.  Davis.) 
said  it  would  be  the  cllcct  ol  this  bill  to  accomplish — iioi.  to  insure 
a  triumph  on  the  battle  lield,  b;.t  to  avoid  a  battle  by  accomplish- 
in"  success  by  forcn  of  nuiiibers — to  break  down  the  moral 
power  of  the  enemy — to  con<)uer  a  peace  by  demonstrating 
to  that  enemy  that  resistance  is  in  vain.  All  at  once  (I  find 
no  fault  with  it;  on  the  eontraiy,  I  rejoice  at  it,)  the  eyes  of  the 
Executive  have  been  opened.  AH  at  once  it  seems  to  be  perceiv- 
ed by  him,  that  the  war  iieretjfore  has  not  been  rigorously  prose- 
cuted except  on  paper.  Well,  whose  fault  is  it.  Mr.  President? 
Who  would  have  borne  ihc  dicad  responsibility,  if  our  gallant  lit- 
tle army  on  the  Rio  Uiaiide  had  been  sacrificed?  Who  would 
have  had  the  cijually  Ireracndous  responsibility,  if  those  gallant 
spirits  now  in  the  luilis  of  the  Montezumas  had  been  sacrificed. 
The  nations  of  the  woi  Id  would   have  said,  with  one  accord,  the 

■  Executive  of  the  United  States.  Upon  him  the  responsibility  for 
the  useless  and  cruel  expenditures  of  blond  and  of  treasure  would 
have  rested.  Sir,  I  make  bold  to  .say,  in  speaking  in  the  presence 
of  those  who  know  infinitely  more  upon  such  subjects  than  I  do, 
that  if  the  President  had  called  out  the  50,000  volunteers  after 
hearing  of  the  battles  of  Palo  Alto  and  Resaca  de  la  Palma,  there 
never  would  have  been  another  blow  struck  in  Mexico  ;  and  peace 
long  since  restored.  The  Mexicans,  to  be  sure,  have  a  high  and 
indomitable  spirit,  (I  speak  particularly  of  that  portion  of  them 
who  have  in  their  veins  the  true  Castiliau  blood  ;)  but  they  know 
there  may  be  a  point  at  which  resistance  ceases  to  be  a  virtue,  and 
they  would  have  seen  that  that  was  their  condition  when  thev  saw 
a  determination  on  the  part  of  the  United  States  to  exert  their 
whole  power  in  the  accomplishment  of  the  purpose  for  which  war 
had  been  declared. 

Who  can  doubt,  that  if  the  Executive  of  the  United  States  had 
announced  that  the  purpose  of  the  war  was  merely  to  procure  in- 
demnity for  wrongs,  and  to  vindicate  outraged  character,  and  to 
maintain  the  honor  of  our  flag  ;  and  had  placed  fifty  thousand 
troops  in  Mexico,  as  he  might  have  done,  it  would  have  led 
to  a  cessation  of  hostiliiies  ?  Sir,  I  think  we  have  no  peace, 
because  the  President  of  the  United  States  has  not  exerted 
the  power  which  Congress  placed  in  his  hands,  and  which  was  in- 
tended to  be  exerted.  I  think,  and!  therrforo  charge  upon  him 
that  the  American  blood  which  has  been  so  freely  poured  out  has 
been  thus  freely  poured  out  because  of  his  error'  I  think,  and'  I 
therefore  cliaryo  upon  him,  that  the  uiillioiis  of  money  whic'h  have 
been  spent ,  and  have  yet  to  be  spent ,  Imvf  been  and  are  to  be  spent 
because  ol  his  error.  This  is  all  that  1  propose  to  sav,  Mr.  Pre- 
sident, on  the  manner  in  which  this  war  has  been  eondiic'ted 

And  this  leads  mo  to  consider  very  briclly  what  should  be  in  niv 
judgment,  Ihc  mode  of  its  furlher  jiroseculion.  There  arc  only 
three  modes  to  be  resoricd  to.  The  first  is,  to  withdraw  the  troops 
altogether — if  not  to  the  Nucees,  to  this  side  of  the  Rio  Grande 
The  second,  to  withdraw  them  lo  what  is  termed  a  defensive  line  ■ 
and,  the  third,  lo  cany  on  the  war  in  the  heart  of  the  Mexican  tcr- 
vitory  until  Mexico  agree  to  terms  of  peace.     I  prefer  the  last 

Mr.  President,  in  saying  that  I  prelor  the  last,  I  do  not  wish  to 
bo  misunderstood.  I  prefer  the  Inst  if  the  end  to  be  obtained  is  not 
one  which,  in  iny  judgment,  would  tarnish  the  American  name     I 


prefer  the  last,  il'  the  object  to  be  accomplished  is  merely  the  vin- 
dication of  our  violated  honor,  and  indemnity  for  our  heretofore  vi- 
olated rights.  But  if  the  purpose  of  this  war  with  the  President  of 
the  United  States,  is  to  annihilate  the  nationality  of  Mexico — if  it 
is  the  forcible  dismemberment  of  her  territory,  then  I  say  on  my 
responsibility  as  a  Senator  and  a  man,  I  would  not  give  him  a 
dollar. 

Sir,  we  live  at  a  time  when  character  is  of  immense  value  with 
nations,  as  we  know  it  to  be  with  individuals  ;  and  if  there  be  any 
one  thing  which  more  than  another  stains  national  character,  it  is 
using  national  power  to  inflict  national  injustice.  And  if  there  be 
any  national  crime,  more  crying  and  enormous  m  the  opinion  of  all 
Christendom,  than  any  other,  it  is  the  forcible  dismemberment  of 
the  territory  of  a  weaker  nation. 

When  I  sav,  Mr.  President,  that  I  am  for  fighting  the  war  out — 
I  mean  that  I  am  for  fighting  it  out  in  order  to  "accomplish  the 
purpose  which  we  seek  to  have  accomplished,"  that  is  to  have  Ame- 
rican rights  recognised,  and  American  honor  vindicated,  and  so  re- 
cocniscd,  and  so  vindicated  as  to  furnish  ftUI  and  complete  securi- 
ty against  any  .subsequent  violation. 

The  two  first  points  to  which  I  have  referred,  the  proposition 
for  withdrawing  the  troops,  and  that  for  taking  a  defensive  line,  I 
have  already  said,  I  cannot  concur  in.     To  withdraw  the  troops 
altogether  in  my  judgment  would  be  national  dishonor,  and  I  can- 
not therefore  entertain  the  idea  for  a  moment.     To  take  a  defen- 
sive  line  would   not  in  my  judgment  lead  to  peace,  but  would  on 
the  contrary    be   perpetual  war,  and   so  far   as  expense  is  to  be 
mentioned  in  any  comparison  with  the  other  calamities  of  war,  it 
would   be  attended  with  infinitely  greater  expense  than  that  of 
fighting  it  out.     Now  sir,  the  objection  to  carrying  the  war  on,  is 
the  expenditure  of  money  with  which  it  will  be  necessarily  attend- 
ed, and  the  consequent  derangement  of  the  whole  financial  condi- 
tion of  the  country.     My  impression  is,  from  some  examination 
which  I  have  given  the  subject  and  with  an  anxious  desu-e  to  arrive 
at  a  satisfactory  result — that  the  war  may  be  carried  on  in  Mexi- 
co, without  the'  expenditure  of  a  single  American  dollar;  and  of 
course  without  aflecting  the  pecuniary  condition  of  the  American 
people,  or  the   pecuniary  condition  of  the  government  itself.     The 
resources  of  the  Mexican  government,  Mr.  President,  even  under 
all  the  disadvantageous  circumstances  under  which  that  govern- 
ment has  existed,  are  infinitely  greater  it  seems  to  me,  than  is  gene- 
rally supposed.  The  fact  is  that  until  a  comparatively  recent  period, 
indeed  untU  a  short  tune  before  the  commencement  of  the  war  with 
ourselves,  the  expenditures  of  their  government  have  been  about 
§21,000,000   annually.     And  it  has  been   appropriated   to    these 
purposes.     They  have  had  an  array  of  30,000  men,  always  on  pay, 
costing  the  government  about  §10,000,000.     They  have  had  a  civil 
list  bill  of  about  $6,000,000.  and  interest  to  be  paid  on  the  public 
debt  to  the  amount  of  SjJOOO.OOO,   making  $21,000,000.     Their 
army  has  been  punctually  paid,  their  civil  list  punctually  met,  and 
the  interest  on  the  public  delit,  until,   as   1  have  said,  a  compara- 
tively recent  period,  has  I  cen  met  with  equal  punctuality.     From 
what  resources,  sir?     The  froducts  of  their  mines,  when  they  are 
in  full  operation;  and  lor  a  sories  of  years,  when  in  such  full  ope- 
ration, they  have  proiluccd$2."),000,000  per  year.  They  charge  what 
is  termed  a  transit  dutv  on  all  the  bullion  that  is  drawn  from  the 
mines  until  it  reaches  the  port  of  exportation.     This  transit  duty 
is  paid  in  the  form  of  a  iioiiuit,  granted  on  the  part  of  the  govern- 
ment,  to  convey  the  bullion  from  town  to  town,  the  permit  being 
renewed  at  each  t;M'minus  luitil  it  reaches  the  place  of  exporta- 
tion; and  when  il  gets  'here,  it  is  subject  to  an  export  duty  of  one 
per  cent      The  average  amount  of  these  transport  duties,  until 
the  buUion  reaches  the  place  of  exportation,  is  ahout  two  and  a 
half  or  three  per  cent.     The  gross  amount  of  bullion  drawn  from 
the  mines,  as  I  have  said,  is  about  $25,000,000.     The  Senate  will 
easily  perceive  then,  the  amount  derived  from  tliis  source,  with 
an  average  of  two  and  a  half  or  three  per  cent,  as  transit  duty, 
and  with  a  specific  expert  duty  of  one  per  cent,  upon  the  value  of 
every  pound  of  bui'iuu  exported.     The  next  source  of  revenue 
and  the  amount  that  it  raises,  it  is  almost  impossible  to  calculate, 
or  rather  to  speak  more   correctly,  the  amount  it  would  raise  if 
poace  was  restored  to  Mexico,  il'  that  coimtry  was  restored   to 
qniel.  and  business  operations  were   permitted   to  go  on  in  their 
(i..\':iary  course.     This  source  is  the  stamp   tax.     They  charge 
what  is  termed  a  stamp  tax  on  every  description  of  contract  trans- 
ferring   every    description    of   property,    of,  or    exceeding    the 
value    of    $.500.       That     is     to    say,    every    contract    between 
man  and  man   relative  to   property  worth  $500,  is   to  be  written 
upon  siMinp  paper,  for  which  the  parties  pay  to  the  stamp  officers 
six  dollars.     But  according  to   their   laws,  contracts  of  this  de- 
scription are  left  in  the  hands  of  a  Notary  and  are  recorded  among 
the  olficial  transactions  of  the  Notary,  making  it  necessary  for  the 
parties  to  the  contract,  if  they  desire  to  have  in  their  possession 
evidence  of  tlu^  contract,  to  obtain  official   copies,   and  the  resiUt 
is  that  each  one  of  the  parties  almost  invariably   takes  a  copy  of 
the  contract.     The  copy  is  also   written  on  stamped  paper,  and 
for  the  copies  there  is  paid  six  dollars  each. 

There  is  another  source,  and  that  is  a  duty  on  the  sale  of 
everything  that  is  sold.  Nothing  passes  from  hand  to  hand  by 
way  of  sale  that  does  not  pay  a  specific  duty,  regulated  by  the 
amotmt  of  the  value  of  the  articles  so  passing.  Now,  I  will  not 
estimate  the  amount  thus  derived;  it  is  sufficient  for  my  purpose  to 
state  the  fact  as  I  understand  the  fact  to  be,  that  the  amount  of 
revenue  received  from  these  sources  has  been  abundantly  sufficient 
to  enable  the  government  of  Mexico  to  meet  punctually  its  dis- 
bursements to  the  amount  of  21,000,000  dollars.    This  amount 


THE  TEN  REGIMENT  BILL. 


January  11.] 

would  support  any  army  which  we  niight  put  into  the  fieW;  and 
this  we  would  have  a  perfect  right  to  appropriate.  Not  to  seize 
and  confiscate  individual  property,  which  is  abhorrent  to  every  sense 
of  justice,  which  would  be  an  act  of  barbarism— a  dishonor  to  the 
a^e  m  which  wc  live,  and  a  stain  upon  oiu-  national  character;  but 
to  appropriate  the  public  revenue  of  the  country  so  as  to  enleeble 
the  power  of  their  government,  to  reduce  the  military  10  the  same 
standard  as  private  citizens,  and  prove,  by  the  fact  that  wo  aie 
thorouThly  able  to  enforce  it.  tliat  the  restoration  ol  peace  dcpeiuls 
on  thefr  submission.  Now,  I  believe  as  confidently  as  I  can  any 
thinT  of  which  we  have  any  certain  knowledge,  that  by  pursuing  a 
course  of  this  description  for  the  purpose  of  enlorcing  a  teniuna- 
tion  of  this  war,  we  shall  not  only  obtain  money  as  miich  as  is  ne- 
cessary for  the  support  of  our  army,  but  that  of  the  money  so 
spent.no  portion  of  it  will  come  from  the  people  of  the  United 

'  Now,  I  know  the  objection  that  may  be  raised  as  to  the  conse- 
quence that  may  result  from  taking  possession  of  the  whole  coun- 
try. I  think  I  can  see  almost  as.  clearly  as  does  the  honorable 
Senator  from  South  Carolina,  (Mr.  C.vlhoun,)  the  result  ot  incor- 
porating the  whole  of  Mexico  into  this  Union  ;  and  il  I  believed 
That  the  object  was  the  incorporation  ol  the  whole  of  Mexico  mo 
the  Union  by  the  further  prosecution  of  the  war,  much  as  I  should 
han^  ray  head  in  mortification  and  shame  tor  the  honor  ol  my 
country,  I  would  willingly  submit  to  the  withdraw-al  ol  t he  troops, 
rather'than  prosecute  the  war  an  hour  longer.  But  1  do  not  be- 
lieve that  such  is  to  be  the  result.  I  do  not  believe  that  the  peo- 
ple of  the  United  States  w.>uld  surter  an  Executive  olheer  to  per- 
petrate such  a  wronir,  if  the  Executive  even  had  it  in  contempla- 
tion. I  do  not  believe  that  they  would  ever  themselves  assist  an 
Executive  to  accompli-sh  such  an  object.  I  would  have  much  less 
confidence  in  them  than  I  have,  if  I  thought  it  possible,  that  the 
mere  lust  of  rapine,  the  mere  lust  of  territory,  would  lead  theni  to 
dishonor  the  American  name  by  blotting  Irom  existence  a  neigh- 
boring  and  feebler  nation. 

I  am  for  prosecuting  the  war,  because  I  believe  the  consequence 
will  be  to  bring  Mexico  the  earlier  to  her  senses,  and  to  prompt 
her  cheerfully  to  accept  terms  of  peace.  And  this  brings  me  to 
say  a  word  or  two  on  what  should  be,  in  my  opinion,  the  terms  ot 

*"Nowrs^i?ri  speak  for  myself,  though  I  have  no  doubt  that  I 
speak  the  sense  of  most  of  the  friends  around  me.     My  honorable 
friend  from  South  Carolina  the  other  day,  in  the  speech  which  he 
did  us  and  the  comitry  the  honor  to  deliver,  said   he  believed    he 
people  of  the  United  States  were  irrevocably  determined  on  taking 
SiJemnity  for  the  wrongs  whicli  we  have  sufi-ered  from  Mexico,  „ 
territorv.     I  hope  he  i.^  mistaken.     1  believe   he  is  mistaken.     I 
believe  "the  people  of  the  United  States  would  be  to-morrow  con- 
tented  by  a  treaty  which  would  make  the  Rio  Grande  the  boim- 
dary.     I   believe  "they  would  be  contented  with  such  a  treaty,  lor 
the%urpose  of  terminating   the  war,  rather   than   that   Mexico 
should  be  compelled  by  the  force  of  our  arms  to  dismember  hersell. 
Now,  in  expressing  this  hope,  and   in  expressing  the  opinion  that 
the  war  might  be  honorably  terminated  by  taking  the  Rio  Grande 
as  the  boundary.  I  wish  it  not  to  be  supposed  that  I   am  opposed 
to  the  acquisition  of  additional  territory.     I  am  against  the  acqui- 
sition of  territory  by  force.     I  am  not  opposed   to  the  acquisition 
of  territory  of  itself,  but  for  one  consideration  vvneh  weighs  in  my 
judgment,  and  which  has  had  heretofore  and  still  has  a  controlling 
Vration.     Mr.  President,  I  fear- 1   greatly  lear,  the  conflict  to 
which  such   an  acquisition  would  lead.     The   honorable  Senator 
from  New  Hampshire  (Mr.  H.^le)  told  the  Senate  the  other  day 
that  the  true  origin  of  this  war  Lay  in   the  settled   purpose  on  the 
part  of  the   South  to  perpetuate  and  extend   slavery.     I  am  not 
alluding  to  this  now  with  any  ilesign   to  try  conclusions  with  the 
honorable  Senator  on  the  question  of  slavery.     Sir,  he  will  pardon 
me  for  tellin^  him  that  that  is  a  subject  which  no  Southern  man 
on  this  floor,  when  he  can  avoid  it,  desires  to  discuss.  He  will  permit 
me  to  tell  him,   (and  I   do  it  with  all  good  feeling    and  wnth  all 
the  respect  in  which  I  hold  him  as  a  Senator  of  the  United  States) 
that  it  Las  been  owing  to  the  exciting  discussions  on  this  subject 
in  the  North,   that  slavery  now  exists  in  many  of  the  Southern 
States.     He  will  permit  me  to  tell  him,  that  as  lar  as  I   know   it 
has  been  his  course,  and  that  of  those  whose  sentiments  he  speaks, 
on  this  subject,  which  has  done  more  than  anything  else  towards 
its  perpetuation.  .,     c 

The  "reatest  practical  advocates  of  slavery  have  been  the  Sena- 
tor himself  and  his  particular  constituents.     Sir,  I   have  my  opin- 
ions upon  this  subject  as  deeply  instilled,  as  can  have  the  Senator 
from  New  Hampslme.     They  were  almost  born  with  me;  tliey 
have  been  confirmed  by  the  experience  of  every   day  0    my  lite. 
They  have  been  strengthened  by  the  experience  ol    all  I  have  seen 
around  me.     I  do  not'  choose  to  express  them  on  this  floor  unless 
the  question  is  pressed  home .     But  whilst  I  have  fixed  and  unalter- 
able convictions  as  to  the  mere  institution  ot  slavery  itselt  as  a  po- 
litical  or  civil  institution,  I  have  another  conviction  as  deeply  and 
irrevocably  fixed,  and  that  is  a  conviction,  that  the  Southern  States 
owe  it  to  themselves,  one  and  all  of  them,  to  stand  on  their  own 
rights,  to  vindicate  their  own  equality,  and  exclusively  at  their  own 
time,  and  without  the  interference  of  others,  to  meddle  in  their  ow-n 
way  with  this  peculiar  institution.      Notw-ithstanding  this,   Mr. 
President,  I  cannot  be  blind  to  all  the  indications  of  the  times.     I 
cannot  but  sav  that  the  opinions  entertained  in  the  North,  lunvcver 
erroneous  I  niav  think  they  are,  are  still  honestly  entertained.     1 
cannot  but  say  that  the  Senator,  from  New  Hampshue  would  be 
false  to  the  implied  promise  which  he  has  given  to  the  State  which 


91 


sent  him  here,  if  he  were  not  to  make  this  condition;  I  cannot  bnr, 
perceive  that  it  is  a  popular  feeling,  which  is  sweeping  like  a 
whirlwind  at  the  North;  but  there  is  an  equally  determined  and 
steady  feelinn-  at  the  South.  If  these  feelings  be  further  excited, 
there  can  be'but  one  result;  that  is  deadly  conflict,  or  amicable  se- 
paration. And  when  I  look  at  either,  Mr.  President,  my  heart 
sickens  at  the  reflection.  Sons  of  a  common  ancestry,  bound  to- 
irether  by  common  tics,  glorying  in  a  common  renown,  looking  m 
Common  to  a  still  more  glorious  future,  T  cannot  but  tcel  my  heart 
sink  within  me,  even  at^'the  possibility  of  such  a  result.  And  it  is 
because  I  believe  it  w^ll  follow  if  the  state  ol  things  to  which  I 
have  alluded  shall  bo  brought  into  existence,  and  not  because  I  am 
opposed  merely  to  the  acquisition  of  territory,  that  I  gave  my  cor- 
dial support  to  the  resolution  oHered  upon  that  subject  by  the  dis- 
tinguished Senator  from  Georgia  at  the  last  session. 

Sir,  I  am  not  to  be  driven  into  a  ditferent  course  by  being  told 
that  such  a  course  leaves  us  a  pecuniary  loss.  With  me,  ^H'-^'e- 
sident,  loss  of  money  is  nothing  to  the  loss  ot  character.  With  mo 
the  boundless  wealth  of  the  world  would  be  as  nothiusr.  compared 
with  what  I  should  esteem  the  incalculable  loss  attendinir  the  de- 
struction of  our  national  character.  But,  sir,  it  is  not  true  tliat  a 
peace  accomplished  on  the  terms  to  which  I  have  rclerred,  would 
leave  us  without  indemnity.  Sir,  wc  have  mdemnity  in  the  history  ol 
this  war.  It  is  to  be  found  in  the  many  glorious  battle-fields  winch 
it  has  presented  to  an  astonished  world.  It  is  to  be  lound  in  the 
delight  which  electrified  every  American  heart  at  the  result  ot  eve- 
ry battle.  It  is  to  be  found  in'the  seeiurity  which  it  lurnishes  agamsl 
the  disturbers  of  our  pea'ce  hereafter.  A  few  hundreds  ol  millions, 
even  if  it  should  ao  to  hundreds,  that  may  be  expended,  wnll  be  lor- 
gotten  even  while  spoken  of— while  the  glory  and  renown  which  it 
has  heaped  upon  the  American  character,  will  be  remembered  as 
long  as  time  itself  shall  endure.  I  am  not,  therefore,  to  be  told 
that  peace  on  such  terms  would  leave  us  losers,  in  the  true,  liiga 
and  moral  sense  of  the  term. 

A  word  on  another  subject  and  I  cease  to  trouble  the  Senate, 
t  have  already  indicated,  Mr.  President,  my  preference  ol  a  regular 
over  a  volunteer  force.  Now  sir,  that  preterenee  is  lounded,  (anu 
I  have  but  a  word  or  two  in  the  way  of  reason  to  assign  or  it,)  on 
the  opinion  which  information  in  my  possession  has  enabled  mo  to 
lorm,  that  the  expense  of  a  regular  force  is  much  loss,  and  their 
efficiency  infinitely  greater:  above  all,  that  the  sacribce  ol  human 
lit'c  IS  less 

Mr  Secretary  Poinsett  in  his  letter  21st  March  1838,  to  the 
HonoraMe  Mr.  Speaker  Polk,  now  President,  speakmg  ol  the  com- 
parative expense  of  the  two  description  of  forces,,  says  that 

"The  difTerence  of  eipenso  between  the  employment  of  tha  description  of  Irooi*. 
(,neLm,  voIun.ee,.  aud'^.Uaia.)  and  regula..  '^^^'T '^^l^^^tVZ'^^lJ 
thewastiie  auendwg  Iheit  ignorance  ol  every  admLniilrative  branch  of  the  ^'V"'-. 
he  enormou.  ev[«nse  of  mard.mg  them  to  and  from  dutant  pomts,  for  short  penod,  o. 
lervi  "e  and  the  great  increbe  that  will  be  made  to  the  Pension  List  under  the  provi- 
sions of  tlie  act  of  the  19th  Mareli,  1836." 

Now,  sir,  the  Senate  will  find  how  inefficient  this  description  of 
fofce  is— I  mean  as  compared  with  regular  forces— by  tiirnmg  to 
Document  297,  of  the  2d  Session  23th  Congress.  They  vnlUhi're 
find  that  volunteer  forces  were  cajlcd  out  m  the  years  '32,  '36,  37. 
and  '38,  to  serve  in  the  Florida  War,  in  the  Black-Hawk  War,  111 
the  War  against  the  Cherokees,  and  in  the  State  ol  New  York  at 
the  time  of'thc  Border  difficulties,  to  the  number  of  53,324.  They 
will  find  I  am  satisfied,  that  aside  from  the  additional  expense  at- 
tendin'T  the  employment  of  these  forces,  and  lor  the  purpose  now 
i„  viev?— the  superior  efficiency  of  the  regulars— .hat  the  mortal- 
ity amon"  volunteers  and  militia,  compared  with  regulars,  is  as 
ten  to  one.  Sir,  to  what  is  this  owhig?  It  is  owing  prmcipally  to 
the  fact  that  the  officers  are  unable  to  subject  them  to  the  same 
state  of  discipline,  and   to   prevent  the  exposure  which  leads  to 

disease.  r         .1 

From  the  statements  to  be  lound  among  the  papers  trom  the 
War  Department,  it  appears  that  the  number  of  men  enlisted  for 
the  line  of  the  resular  army,  (the  old  estabhshment,)  for  the  first 
five  months  of  1847,  and  from  January  1st  to  January  1st.  was 
4605  the  number  otferins  to  be  enlisted  during  the  same  period  and 
rejected,  by  the  recruiting  officers,  because  of  physical  infirmity, 
was  4847— more  than  twice  the  amount  actually  received. 

Now,  I  do  not  mean  to  underrats  the  volunteers.  God  forbid 
that  I  should  !  but  I  make  bold  to  say,  that  at  least  one-half  of 
those  who  were  rejected  as  unfit  icir  the  regular  service  may  be 
found  in  the  ranks  of  the  volunteers.  The  chances  of  mortality  in 
that  corps  are  of  course  very  much  increased. 

I  have  said,  Mr.  President,  all  I  intend  to  say  upon  this  point  ; 
and  I  ask  the  attention  of  the  Senate  only  a  moment  or  two  long- 
er while  I  add  a  word  or  two  by  way  of  conclusion.  Sir.  I  have 
heard  it  said  by  some,  that  this  war  should  be  prosecuted  because 
its  tendency  was  to  ameliorate  the  condition  of  Mexico.  I  have  heard 
it  said  that  we  were  constituted  missionarios  by  Heaven,  even  by 
fire  and  by  sword  and  by  slauLfhter,  to  carry  the  light  ol  civiliza- 
tion into  that  benighted  land.  I  have  hei-.-d  that  it  has  been  sta- 
ted even  in  the  pulpit,  that  we  have  been  selected  by  Divine  Pro- 
vidence to  purify  a  dark  and  false  religion— to  break  down  then- 
old  ancient  and  denraded  superstitions— to  bring  them  into  the 
blaze  of  the  true  faith,  and  to  substitute  for  it  the  holier  and  pm-er 
lirrht  of  the  Protestant  rclision.  I  have  heard  it  stated,  Mr.  Pre- 
sident, that  the  war  is  to  be  prosecuted  in  order  to  enlarge  the 
"area  of  freedom."     I  hold  to  no  such  doctrme.     iNo,  su". 

Wc  need  not  for  the  satp  of  enlarging  the  area  of  freedom  lie- 
come  propagandists.     No  physical  force  is  on  our  part  called  lor 


92 


T^E  TEN  REGIMENT  BILL. 


[Tuesday, 


10  break  the  bands  which  bind  other  people  in  subjecll.i.  There 
is  a  silent,  but  potent  moral  power  progressing  through  the  world, 
rapidly  tending  to  that  consummation.  It  has  its  oriL'in  in  the 
lesson  which  our  example  is  teaching.  Here  is  seen  perl'ect  per- 
sonal and  political  freedom,  combined  with  unexampled  national 
happiness,  prosperity,  and  power.  Here  is  seen  that  individual 
equality  which  nature  stamps  upon  the  heart  as  a  right,  protected 
and  enjoyed  amongst  ourselves  to  an  extent  never  before  known. 
and  shielded  by  a  national  arm  that  the  nations  of  the  world  would 
in  vain  attempt  to  strike  down.  Yes,  sir,  our  institutions  are  tell- 
ini5  their  own  story  by  the  blessings  they  impart  to  us,  and  indoc- 
trinating the  people  everywhere  with  the  j)rinciples  of  freedom 
upon  which  they  are  founded.  Ancient  prejudices  are  yielding  to 
their  mighty  influence.  Heretofore  severed,  and  apparently  |)er- 
manent  systems  of  government  are  falling  beneath  it.  Our  glori- 
ous mother,  free  as  she  has  ever  comparatively  been,  is  getting  to 
bo  freer.  It  has  blotted  out  the  corruptions  of  her  political  lian- 
chise.  It  has  broken  her  religious  intolleranoe.  It  has  greatly 
elevated  the  individual  character  of  her  subjects.  It  has  immeas- 
urably weakened  the  power  of  her  nobles,  and  by  weakening  it 
in  one  sense  has  vastly  strengthened  the  luuhority  of  her  crown, 
by  forcing  it  to  rest  for  all  its  power  and  glory  upon  the  hearts  ot 
its  people.  To  Ireland  too— impulsive  Ireland— the  land  ol 
genius,  of  eloquence,  and  of  valor,  it  is  rapidly  carrying  the 
blessings  of  a  restored  freedom  and  happiness.  In  France, 
all  of  political  liberty  which  belongs  to  her,  is  to  be  traced 
to  it,  anil  even  now.  it  is  to  be  seen  cheering,  animating, 
and  guidins  the  ela.ssic  land  of  Italy,  making  the  very  streets 
of  Rome  itself  to  ring  with  shouts  of  joy  and  gratitude  for 
its  presence.  Sir,  such  a  spirit  needs  no  inactivity,  and  needs 
no  incentive.  It  admits  ol  neither  enlargement  nor  restraint. 
Upon  its  own  elastic  and  never  tiring  wing,  it  is  now  soaring  oyer 
the  civilized  world,  everywhere  bearing  its  magic  and  abiding 
charm.  I  say,  then,  try  not,  seek  not  to  aid  it.  Bring  no  physi- 
cal force  to  succor  it. '  Sucli  an  adjunct  would  serve  only  to  cor- 
rnpt  and  paralyze  its  efforts.  Lsave  it  to  itself,  and,  sooner  or 
later,  man  will  be  free.  Sir,  as  to  this  war  and  its  influence  upon 
onrselves,  there  is  much  to  rejoice  at  and  be  proud  of.  The  strug- 
gle of  '76  deraonstr.-ited  the  deeply  seated  love  of  freedom  in  our 
sires,  and  tiieir  siern  and  indomitable  purpose  to  enjoy  it  or  die. 
The  war  of  18J2,  demonstrated  the  capacity  of  our  institutions  to 
bear  such  ,a  trial,  and  nobly  was  the  test  borne  and  the  capacity 
illustrated.  The  present  war  has  again  demonstrated,  not  only 
that  such  mere  capacity  continues,  but  that  no  nation  exists  en- 
dowed with  greater  military  power.  Mr.  President,  the  result 
cannot  but  redound  to  our  future  peace  and  happiness.  It  fur- 
nishes ample  indeiniiity  for  all  the  wrongs  and  obloquy  we  have 
heretofore  sufl'ered,  and  ample— ample  security  against  their  re- 
currence. Such  a  result  has  won  for  us  national  glory,  and  that 
is  national  power,  stronger  than  thousands  of  fortresses,  and  as 
perpetual  as,  1  ho]ie  in  God,  \vi\\  be  our  nation's  love  of  virtue  and 
of  freedom. 

Mr.  CLAYTON. — Before  I  give  my  vote  on  this  bill,  sir,  I  de- 
sire, to  know  from  the  honorablo  Chairman  of  the  Committee  on 
Military  Affairs,  whether  either,  of  the  commanders-in-chief  of 
the  Anieriean  army,  General  Scott  or  General  Taylor,  has  re- 
quested such  an  addition  as  he  proposes  to  make  to  the  American 
army;  whether  either  of  them  has  desired  the  Department  to  re- 
commend to  Congress  the  raising  of  thirty  regiments,  these  ten 
regiments  of  regulars,  and  the  twenty  regiments  of  volunteers. 

Mr.  CASS.— Before  answering  the  specific  ((uestion  proposed  by 
the  gentleman  from  Delaware,  I  desire  to  correct  some  erroneous 
opinions  which  have  been  advanced  respecting  the  amount  of  the 
force  which  wo  have  now  in  the  field,  and  the  "number  to  which  the 
proposed  atigmcntalion  would  carry  it.  The  Senator  from  South 
CaroUna,  in  his  remarks  the  other  day,  carried  the  force  we  should 
have,  if  the  proposed  bill  pass,  to  70,000,  and  the  Senator  from 
Kentucky  earned  it  still  higher,  to  at  least  90,000  men.  These 
estimates  arc  far  beyond  the  amount  we  shall  have  in  the  field  as 
the  followinff  statement  will  show  :  ' 

1.   UKnul-vR   rKdoi'.-;. 
On  the  .ICtli  of  Noycmb.'t  last,  aprceably  to  Ihe  rptnm  of  llip 


General,  we  had  in  Ihfl  field,  iiuiimling  offK'Ts  aiidinen •  '     .      "- 

New  companio  and  rpcrum  at  Jca,  or  on  1  heir  way  to  Ihe  seat  of  war. 

Aggrej^ate  Regnlars. 

Si.   VOLIINTEKR    POUCES. 

In  (he  field,  including  odlcen  and  men,     ■        -        .        .        .        _ 
ReCToiU  on  Iheir  marpb,    -■•-..','' 
In  Culilbmia  1303,  and  recruits  at  Dca  ^200,  •-'.'..' 


.\pgTegalc  Volunteer?,       --•----,. 

.^Jgre(mle  Regular  and  Volnnlcer  forces, 

Which  force  was  ljiu»  distributed  ; 

ITndor  fieneral  Hrott, ,  ' 

lender  (jon.  Wool,  lempornrily  chargeil  willi  the  command  of  (ien  Tnvlor 
I  nder  Ocn.  Price  in  New  Mexico,  .»«yior, 

<  >n  Ihe  Or»'pon  route,  -         -         .         . 

t'ndcr  Colonel  .Mason  in  California.  - 


I!1,8]S 
l.Gftl 


21,509 


21,12! 
100 

mi 


•13.531) 


3'i,i,')(; 

t>,727 

3,l,iT 

■177 

l,OI!l 


On  tlie  3lHti  of  Noveraber  la^t,  the  dale  of  tlie  AdjnUnt  tiencraJ's  Re- 
port, which  includes  officers  and  men  sick  and  disabled,  and    the  garri- 
sons of  Tampico  and  Vera  (,Vuz,   them   were   under   General    Scott's 
command  in  .Mexico — regulars,        ---...-.        17,101 
volunteers,    ----.-.-         15,055 

Total,  ----.--.        32,156 

To  these  are  to  be  ailded  one  regiment  of  Volnnleei?  from  Michigan,  and 
two  battalions,  one  from  Alabama,  and  one  from  .Mississippi,  which, 
if  full,  woulil  amount  to  2,200  men.  But,  as  remarked  by  the  Adju- 
tant General,  they  cannot  be  full;  and  he  estimates  that  they  svill  pro- 
bably do  no  more  than  keep  the  Volunteer  establishment  to  its  pre-e.v- 
isling  number. 

And  I  am  liappv  to  have  this  opiwrlunity  to  relieve  the  solicitude  so  man- 
if-stly  li?it  and  avowed,  the  otner  day,  by  the  honorable  i^eiiator  tVoni 
lvenlut:ky,  respecting  the  regmient  of  volunteers  from  Michigan,  by  assur- 
ing him,  that  I  have  received  a  letter  from  the  colonel,  written  upon  the 
route,  and  that  he  is  ere  tliis  at  Cincinnati  or  upon  the  Ohio,  with  si-\ 
comjianies  of  his  regiment ;  and,  1  trust,  the  others  have  already  follow- 
ed him. 

The  .-ViijutaiitGeneral,  agreeably  to  a  table  in  my  hand,  estimates  the 
number  of  lighting  men,  or  in  military  language,  bayonets,  including 
the  garrisons  at  Tampico  and  Vera  Cruz,  and  sicK  and  disabled,  at  -        38,862 

O;'  this  number,  the  Adjutant  General  calculates  that  there  are  not  more 
111  for  duty,  than        -.----..,.        M,000 

FORCE   PROPOSED   TO    BE    RAISED. 

Ten  regiments  of  Infantry,  the  legal  establishment  of  each  being  1,000 
men,  lint  this  can  never  be  kept  full,  and  experience  shows  that  there 
must  be  a  deduction  from  it  of  about  25  per  cent,  making  this  force,  say  7,500 

A  volunteer  force  of  12,.500  to  supply  vacancies  in  the  e.xisting  volunteer 
establishment,  which,  subject  to  the  same  deduction,  would  give,  say    -  9,500 

Makmg  a  total  of  bayonets  fit  for  the  field,        -.-...        iToOO 
Or  an  actual  total,  including  the  garrKOns  of  Vera  Craz  and  Tampico,  and  ' 

the  casualties  ot        -        - 


Total, 
The  following  statement  wi 


■13,53li 

,  show  the  amount  offeree  we  shall 
Imvo  ijnder  General  Scott,  in  the  event  of  the  passage  of  this  bill 
and  of  the  volunteer  bill  :  *'  ">■»  oui. 


How  many  of  the  above  are  twelve  months  volunteers  the  returns  do  not  sirtjw. 
I  heir  terms  must  expire  soon,  and  they  cannot,  therefore,  be  calculated  upon  in  the 
pro-Pcution  ot  the  campaign. 

Tlie  provision  for  raising  20,0110  new  volunteers  is  not  included  in  the  above,  be- 
cause the  measure  is  a  mere  precautionary  one,  which  ordinary  prudence  suggests,  and 
tile  jorce  IS  not  to  be  called  out  but  in  tlic  event  of  some  unfo'resecn  occurrence  which 
may  render  it  necessary. 

It  will  thus  be  seen  sir,  that  if  these  bills  pass,  the  force  they 
will  enable  the  Government  to  add  to  the  troops  under  Generai 
Scott  will  probably  bring  the  number  of  fighting  men  to  about 
41,000,  and  that  no  reasonable  calculation  can  be  made  on  more 
than  between  45.000  and  46,000. 

The  error  of  the  honorable  gentleman  from  Kentucky  consists 
m  this,  that  he  assumes  as  he  did  in  his  remarks  on  this'suhject  a 
tew  days  since,  the  number  of  the  legal  establishment  if  it  were 
Itdl,  as  the  number  which  the  Governiuent  can  keep  in  the  field. 
Now  .sir,  all  experience  shows,  that  such  a  result  is  not  practica- 
ble. Large  deductions  must  be  made,  and,  it  appears  from  the 
Reports  of  the  Adjutant  General,  that  the  actual  force  maintained 
is,  as  I  have  already  stated,  about  twenty  five  per  cent  less  than  the 
full  number  allowed  by  law.  Recruiting  depots  cannot  be  kept  fil- 
led, even  by  the  most  strenuous  exertions,  and  the  perpetually  re- 
curring casualties  of  w.tr,  occasion  a  constant  drain,  which  must 
be  as  constantly  supplied.  And  a  considerable  deduction  must  be 
at  all  times  made  on  account  of  sickness.  I  need  not  enter  into 
any  particular  detail  upon  this  subject.  The  considerations  can- 
not escape  the  most  casual  observer. 

If  therefore  all  the  men  raised  under  these  two  bills  are  sent 
to  General  Scott,  they  will  give  him  the  force  I  have  alrea- 
dy indicated.  It  is  obvious  that  the  force  under  General  Wool 
can  under  no  circumstances  be  diminished,  for  it  is  barely  suffi- 
cient to  protect  the  country  subjected  to  us  upon  the  Rio  Grande. 

To  come  now,  .sir,  to  the  question  asked  bv  the  Honorable  Se- 
nator from  Delaware,  I  have  to  say  that  the  "Government  has  re- 
ceived from  Gen.  Scott  an  estimate  of  the  force  he  deems  neees- 
sary  to  carry  into  effect  the  plan  of  operations  which  is  recommend- 
ed  by  the  Secretary  of  War.  I  will  read  so  much  of  his  projef 
as  relates  to  this  subject. 

■•Auement  this  army  to  .W.OllO  men  to  enable  them  to  occupy  at  the  same  time 
nearly  all  the  State  capitals  and  other  pnncipal  cities;  to  drive  guerilla  and  other  rob- 
bmg  parties  from  the  great  highways  of  trade;  to  seize  into  our  hands  all  the  ordinary 
revenues  ot  the  country  internal  as  well  as  external,  for  the  support  of  the  occupation 
and  to  keep  the  central  go\  eminent  in  constant  motion  and  alarm,  until  constrained  Irl 
sue  for  peace." 

Having  thus  answered  the  question  of  the  Honorable  Senator 
from  Delaware,  I  yield  him  the  floor. 

Mr.  JOHNSON,  of  Md.— What  is  the  date  of  that  letter  ! 

Mr,  CASS. — I  do  not  believe  that  I  have  got  the  date.  But 
the  letter  says  that  if  the  operations  should  be  continued  till  Oc- 
tober the  augmentation  of  the  forces  would  be  necessai-y.  I  pre- 
sume, therefore,  that  the  letter  was  wTitten  in  September. 

Mr.  WEBSTER.— Is  the  letter  to  bo  found  amongst  the  docu- 
ments which  have  been  published  ? 

Mr.  CASS. — No.  The  government  ditl  not  deem  it  prudent  to 
publish  the  letter,  but  it  is  now  thought  jiroper  to  make  known 
the  portion  of  it  which  has  been  read. 

Mr.  WEBSTER. — I  understand  that  the  honorable  Senator  from 
Michigan  endeavors  to  show   that  in  the  opinion  of  General  Scott, 

on  the  communication  of  the  project  of  the  government  to  him^ I 

do  not  ask  for  particulars  farther  than  they  arc  disclosed  in  the 
portion  of  the  letter  read— for  the  further' military  operations  of 
the  army  of  the  United  States  in  Mexico,  there  will  be  needed  an 
augmentation  of  that  force  to  the  amount  of  fifty  thousand  men. 


January  11. J 


THE  TEN  REGIMENT  BILL. 


93 


Mr.  CASS.— An  augmenution  making  the  force  amount  to  filly 
thousand  men. 

Mr.  WEBSTER. — I  understand — that  the  force  be  augmented 
till  it  amount  to  fifty  thousand. 

Mr.  CASS.— That  is  the  amount  at  which  he  estimates  the  force 
necessary  to  carry  on  the  military  operations. 

Mr.  WEBSTER.— In  other  words,  that  is  the  force  which  the 
projects  of  the  government  will  render  necessary. 

Mr.  BADGER. — Will  the  honorable  chairman  of  the  Commit- 
tee on  Military  Affairs  allow  me  to  ask  on  what  plan  of  a  cam- 
paign— on  what  system  of  the  future  prosecution  of  the  war,  does 
General  Scott  say  that  fifty  thousand  men  will  be  necessary  ? 

Mr.  CASS.— If  the  gentleman  will  pardon  me,  I  do  not  believe 
it  to  be  necessary  to  state  any  thing  farther.  I  have  read  all  that 
has  a  bearing  on  the  question  before  the  Senate. 

Mr.  CRITTENDEN.— With  the  permission  of  the  honorable 
Senator  from  DeUwaro,  who  is  entitled  to  the  floor,  I  would  now 
take  the  opportunity  of  correcting  a  slight  misapprehension  under 
which  I  labored  on  a  former  occasion,  when  I  stated  the  amount 
of  military  force  now  in  the  field  in  Mexico,  by  making  the  state- 
ment as  I  derive  it  from  public  documents,  and  in  regard  to  which 
I  am  happy  to  find,  that  as  far  as  it  goes,  I  have  the  pleasure  of 
agreeing  very  much  with  the  honoraGle  Senator  from  Michigan. 
There  are  now  in  Mexico,  when  the  regiments  from  Michigan  and 
the  two  battalions  now  on  the  way  shall  have  reached  the  array, 
45,700  men.  In  addition  to  that,  the  Executive  is  now  invested 
with  the  power  of  enlisting  upwards  of  seven  thousand  regulars, 
besides  12,500  volunteers  to  supply  the  place  of  those  who  have 
not  engaged  for  the  war— making'  in  all  65,000  men.  If  you  add 
to  that,  upon  a  conjectural  estimate — I  suppose  not  far  from  the 
truth — five  thousand  seamen  and  marines  also  engaged  in  the  war, 
you  will  then  have  a  numerical  force,  naval  and  military,  amount- 
ing to  70,000  men.  If,  again,  you  add  to  that,  the  proposed  in- 
crease of  the  army  by  the  whole  amount  of  these  two  bills,  20,000 
volunteers  and  10,000  regulars,  you  will  have  an  army  of  an  hun- 
ilred  thousand  men;  besides  the  numerous  employees  of  one  cha- 
racter or  another.  foUowinjr  the  army — making  an  aggregate  of  at 
least  110,000  men.  At  this  moment,  including  the  sailors  and 
marines  and  followers  of  the  army,  you  are  paying  and  feeding 
not  less  than  from  55,000  to  65,000  men.  This  is  the  statement, 
sir,  on  which,  as  I  conceive,  the  Senate  has  to  vote  upon  this  bill. 

Mr.  CASS. — If  the  honorable  Senator  from  Kentucky  will  allow 
me,  I  must  repeat  the  correction  which  I  made  the  other  day,  and 
at  the  same  time  refer  him  to  the  statement  presented  but  a  few 
minutes  since.  I  repeat,  sir,  that  the  provision  for  raising  20,000 
new  volnnteers  does  not  bear  upon  the  question  before  us.  Not  a 
man  will  be  raised,  nor  a  dollar  exjicnded,  unless  a  state  of  things 
should  happen  which  cannot  be  reasonably  anticipated.  And  in 
such  an  event  prudence  requires  that  the  "Government  should  he 
enabled  to  act  and  to  call  out  an  arriere  force,  which  is  the  object 
of  that  portion  of  the  bill  Why  the  honorable  Senator  includes 
5000  seamen  and  marines  in  his  estimate  of  the  means  for  prose- 
cuting the  war  in  the  interior  of  Mexico,  I  cannot  conjecture. 
Surely  they  will  add  nothing  to  the  force  to  be  employed  by  Gene- 
ral Scott  in  the  subjugation  of  the  Mexican  government  and  people. 
I  repeat,  sir,  the  error  of  the  honorable  gentleman  consists  in  his 
considering  the  legal  establishment  and  the  aggregate  force  as  the 
same  thing.  I  have  shown  the  deduction  it  is  necessary  to  make 
from  the  former,  in  order  to  exhibit  the  real  amount  of  the  latter. 
After  this  is  done,  the  Senator  will  find  that  the  force  I  have  stated 
of  from  41,000  to  46,000  men  is  the  true  one,  which  will  be  placed 
at  the  disposition  of  General  Scott,  and  which  is  less  by  some 
thousands  than  the  force  he  considers  necessary  to  carry  on  the 
plan  of  operations  recommended  by  the  Secretary  of  War.  The 
Executive,  therefore,  in  calling  upon  Congress  to  pass  the  bills 
under  consideration,  has  had  the  best  authority — that  of  the  com- 
manding general  himself,  for  the  amount  of  force  recommended. 

Mr.  CRITTENDEN. — I  am  well  aware  of  the  casualties  to 
which  the  army  in  the  field  is  subject,  and  especially  when  expos- 
ed to  such  a  climate  as  that  of  Mexico,  which  renders  it  very  diffi- 
cult to  know  what  portion  of  the  troops  is  efficient,  and  I  only 
stated,  that  from  the  official  returns,  there  appeared  to  be  45,000 
men  now  in  Mexico. 

Mr.  CASS,  (in  his  seat.) — Forty-three  thousand. 

Mr.  CRITTENDEN. — And  the  two  regiments  from  Michigan. 
which  the  gentleman  supposes  I  will  be  very  happy  to  hear  are  on 
the  way,  besides  the  two  battalions  also  on  the  way  to  join  the 
army. 

Mr.  CASS. — Will  the  Senator  pardon  me  if  I  interrupt  him  one 
moment?  These  twenty-two  hundred  men  will  no  more  than  suffice 
to  fill  up  the  volunteer  forces. 

Mr.  CRITTENDEN.— Still  there  wonld  be  left  in  round  num- 
bers 45,000  men,  together  with  the  3,000  seamen  and  marines, 
actually  engaged  in  this  war,  making  an  aggregate  force  of  50,000 
men  in  Meldco.     Now  what  is  to  be  deducted  from  this  munber 


on  account  of  the  casualties  of  battle,  and  of  climate,  to  which  the 
gentleman  referred?     I  cannot  well  make  a  calculation;  but  I  am 
.startled  at  the  estimate  which  the  Senator  presents,  that  one  fourth 
of  these  are  to  be  struck  down!  Why  that  cannot  be;  and,  sir,  the 
gentleman  must  recollect  that  under  these  inevitable  casualties, 
which  I  admit — you  have  been  all  the  time  endeavoring  to  supply 
the  ranks  of  enlistments  throughout  the  country.    Enlistments  have 
been  contini^lly  going  on.     You  can  hardly  take  up  a  newspaper 
in  which  you  do  not  find   a  notice  of  the  sailing  of  some  detach- 
ment of  troops  for  Mexico.     Not  a  week  passes  in  which  a  vessel 
with  soldiers  does  not  sail  from  some  port  in  the  United  States. 
That  has  been  the  case  throughout  the  war.     Now  is  it  possible 
that  this  devouring  war  consumes  men  faster  than  you  can  ship 
them  thither?     Why,  when  I  was  journeying  to  this   place'  there 
were  some  hundreds  of  regulars  going  on  from   Newport  on  the 
Ohio  river;  and  I  see  in  the  nevvspapers  frequent  notices  of  the 
transportation  of  troops  to  Mexico.     We  have  been  all  the  time 
diligently  recruiting,  and   will  not   the  deficit  be  supplied  in  that 
way?     Another  thing  is  to  be  borne  in  mind.     Nearly  the  whole 
amount  of  those  troops  which  have  been  thus  despatched,  have  not 
encountered  the  casualties  of  the  field.     The  casualties  which  bat- 
tie  brought  upon  the  forces  occurred  before  the  arrival  of  these  re. 
inlbrcements.     The  twenty  thousand   men  that    have  gone  there 
lately  have  not  been  engaged  in  a  single  battle.     They  arrived  in 
the  healthy  season.     They  were  healthy  and  robust  men  that  went. 
Is  it  indeed  true,  that  twenty-five  per  cent,  of  all  these  fresh  troops 
have  fallen  under  the  influence  of  the  climate  and  disease?    No — I 
trust  not.     We  have  not  less  than  35,000  men  making  every  pos- 
sible deduction,  besides  those  sick   and  temporarily  disabled.     Is 
not  that  a  sufiieient  force?     Mexico,  sir,   will  be  conquered  in  six 
weeks,  and  wc  shall  all  know  it  and  admit  it.     Tlic  question  will 
then  no  longer  be  about  defensive  lines,  and  about  diplomacy,  and 
negotiation,  and  treaty,  but    about   the  conquered   prize   lying  at 
our    feet.     Beyond    all  doubt,  the  question  then  will  be,  "what 
shall  we  do    with   this   conquered    prize?"     Sir,  San  Luis  Potosi 
and    Zacatecas,   I   venture    to   say,    will   be   taken,   from    every 
account,  in  less  than  six  weeks  from  this  day.     Will    Mexico   then 
be  conquered?     She  is  now   conquered  as  every  body  knows. — 
There  is  nothins  left,  then,  but  Queretaro — our  conquests  are  be- 
coming so  spacious  that  I  can  scarcely  describe  them  by  their  pro- 
per names,  and  I  dare  say,  I  am  not  correct   in  the  pronunciation 
now — and  Qnerataro  is  spared  only  because  there  glimmers  the  last 
flickerini;  light  of  a  government  which  exists  in  the  country.  There 
is  the  phantom  of  a  i.'oniiress  and  a  government,  and  Querataro  re- 
mains uncaptured,  not  from  any  want  of  power,  but  because  you 
would  there  nurse  that  government  into  something  with  which  you 
can  make  a  treaty  !     Why,  I  see  that  General  Scott  has  been  giv- 
ing passports  to  the  legislators  who  constitute  tins  government   to 
go  safely  to  what  they  call  their  new  seat  of  government !     This 
is  the  condition  of  things  in  Mexico.     Surely,  surely  we  may  now 
safely  assume  that  Mexico  is  conquered. 

Mr.  CLAYTON. — I  have  not  yet  obtained  from  the  honorable 
Chairman  of  the  Committee  on  Military  Aifairs,  the  precise  infor- 
mation which  I  sought.  I  did  not  desire  to  excite  a  discussion  on 
the  question  as  to  the  amount  of  military  force  at  present  in  Mex- 
ico, but  I  put  the  question,  whether  our  military  commanders  in 
Mexico  had  recommended  this  measure  on  which  we  are  called 
upon  to  vote.  In  reply  to  the  inquiry,  as  I  understand,  the  hono- 
rable Chairman  of  the  Committee  says  that  one  of  them — General 
Scott— did,  some  time  during  the  last  year,  write  a  letter  recom- 
mending, that  in  a  certain  event  the  military  establishment  in  Mex- 
ico should  be  increased  to  50,000  men.  Will  the  honorable  Sena- 
tor tell  me  the  date  of  the  letter  ? 

Mr.  CASS. — It  was  written  after  the  arrival  of  its  writsr  in 
Mexico,  but  how  long  after,  I  do  not  know. 

Mr.  CLAYTON.— After  the  capture  of  the  city  ? 

Mr.  CASS. — Certainly  ;  he  distinctly  alludes  to  that  event. 

Mr.  CLAYTON. — It  was  written,  then,  after  the  capture  of 
the  city  of  Mexico.  There  is  no  intelligence,  is  I  understand, 
from  General  Taylor  that  any  additional  forces  were  requisite.  Am 
I  right  in  the  conjecture  ? 

Mr.  CASS.— What  did  the  honorable  Senator  ask  ? 

Mr.  CLAYTON. — Did  General  Taylor  on  any  occasion  recom- 
mend such  an  addition  to  the  military  force  ? 

Mr.  CASS.— I  understand  the  Senator  as  inquiring  whether  Gen- 
eral Taylor  had  made  the  same  recommendation  as  General  Scott. 
I  have  told  all  I  know  about  the  recommendation  of  General  Scott, 
and  do  not  know  whether  General  Taylor  made  a  similar  recom- 
mendation. 

Mr.  CLAYTON.— There  is  nothing,  then,  from  General  Tay- 
lor. He  has  made  no  recommendation  to  add  to  the  troops  in  Mex- 
ico ;  and  as  to  General  Scott,  the  honorable  Chairman  is  able  to 
inform  me,  that  some  time  last  year,  as  he  thinks,  "after  the  cap- 
ture of  the  city  of  Mexico,"  General  Scott  wrote  to  the  depart- 
ment informing  them,  that  if  certain  things  intended  to  be  done  by 
the  Administration  were  attempted,  50,000  men  would  be  required 
to  be  added  to  the  army. 


94 


THE  TEN  REGIMENT  BILL. 


[Tuesday, 


Mr.  CASS.— I  beg  your  pardon,  sir— raise  the  forces  to  50.000 
men  ;  not  add  that  amount. 

Mr  CLAYTON.— That's  the  very  nnder.standine  I  had  and  was 
corrected  in  it.  WeU,  that  increase  of  the  army  to  .50,000  men,  as 
I  understand  from  the  reading  of  the  letter  from  General  h'ott, 
was  to  be  made  in  case  the  Administration  should  design  to  tnbju- 
gatc — to  reduce  all  Mexico.  • 

Mr.  CASS.— Oh  !  no. 

Mr.  CLAYTON.— That  is  the  amount  of  it,  as  I  understand. 
If  in  error,  I  will  be  happy  to  be  corrected. 

Mr.  CASS.— The  Senator  is  at  liberty  to  put  his  own  coiistriic- 
tion  on  the  letter  ;  but  the  object  was  stated  to  be  •  to  keep  the 
central  government  in  motion."     I  wdl  road  the  passage  again. 

Several  Senators.-Wc  shall  be  glad  to  hear  it  again. 

Mr.  CASS  then  read  the  passage  already  given,  and  added:  The 
substance  of  the  letter  has  been  given  in  a  St.  Loms  paper  which 
came  here  within  the  last  few  days. 

Mr  CL  \YTON  —Well,  that  is  what  I  call  reducing  or  subju. 
ca"iing  theoountrv.  Others  will  put  their  „wn  eonstructioi,  on  it. 
IhisTncrcasedfoi-cethon,  is  not  recommended  by  General  Scot, 
but,  ho  savs  to  the  Department,  "il  you  propose  to  take  all  the 
cap  tals  of  the  States  of  Mexico-if  you  intend  not  only  to  put 
down  the  guerillas  and  bandits,  but  to  keep  the  central  -overn- 
ment  of  Mexico  constantly  in  motion,  allowing  it  no  hxed  place  in 
which  it  can  treat  with  you-if  you  purpose  also,  to  take  posses- 
sion of  the  revenues  of  the  country,  then  you  will  require  such  an 
addition  to  the  armv  now  here  as  will  raise  it  to  50.000  men."- 
General  Scott,  it  will  ha  perceived,  does  not  recommend  that  such 
an  addition  shall  be  made  to  the  army;  he  only  says  to  the  War 
Department,  that  if  they  design  to  adopt  a  certain  course  ol  pro- 
cedure,  that  it  will  be  necessary  to  increase  the  army  to  that 
amount.  Pray,  sir,  what  do  you  call  keeping  the  central  govern- 
ment  in  motion— occupying  the  State  capitals— and  seizing  the 
revenues  of  Mexico?  I  call  it  subjugation  of  the  country  and  an- 
nihilaiion  of  the  government  of  Mexico.  Well,  now,  the  Presi- 
dent of  the  United  States  disavows  that  in  his  message.  He  de- 
clares that  he  is  opposed  to  the  annihilation  of  Mexico  as  a  repub- 
lic. Yet  the  proposition  now  is  to  augment  the  forces  in  Mc-dco, 
on  the  ground  that  such  an  increase  is'neeessary  in  order  to  attain 
objccts"which  are,  as  I  consider,  tantamount  to  the  entire  subjuga- 
tion of  the  country.  ,  t    i  ■  i   . 

It  has  been  stated  by  my  friend  from  Kentucky— and  I  think  he 
has  fully  sustained  it— that  the  force  at  present  under  the  command 
of  Scott  and  Taylor,  or  Wool,    in  the  absence  of  Taylor,  amounts 
to  45,000  men;  and  we  are  now  called  on  to  increase  the  army  to 
30,000  more  in  order  to  overrun  all   Mexico,  in  order  to  occupy 
the  capitals  of  all  the  States  of  Mexico,   and  to  seize  upon  the  en- 
tire revenues  of  the  country.     In  other  words,  as  I  understand  it, 
to  annihilate  Mexico  as  a  nation,  and  to  destroy  her  government, 
does  not  require  any  tiling  like  the  force  which  the  honorable  Chair- 
man of  the  Committee  on  Military  Affairs  now  asks  the  Senate  to 
vote.     If  you   add   thirty  regiments— twenty  regiments  of  volun- 
teers and  ten  regiments  of  regulars  to  the  troops  already  in  the 
field,  voii  will  have  a  vastly  greater  force  than  the  commanding 
general  of  the  army  considers  necessary   fur   all  the  purposes  spe- 
cified in  the  letter.     It  is  well  known  to  my  brother  Senators  here, 
that  during  the  last  session  and  the  previous  one,  I   voted  upon  all 
occasions,  when  bills  were  presented   to  this  body  to  increase  the 
army  of  the  United  States,  or  to  furnish  supplies  for  the  army,  in 
favor  of  those  bills.     I  took  the  ground  that  whether  the  admini.s- 
tralion    of  the  country  was  right   or  wrong   in  the    inception  of 
this  war,  I  should  vote  more   troops  and  more  supplies  for   our 
armies  in  order  to   sustain  the   honor  and  interests  of  the  coun- 
try, so  long  as  my  vote  mi"ht  be  needed  to  sustain  that  honor 
and   those  interests.     Nor  shall   I,   in   the   course   which    I    am 
about  to  take  with  regard  to  this  bill,  in  the  least  change  my  pur- 
pose in  regard  to  this  matter,  as  originally  formed.     If  the  same 
issues  were  now  before  me  which  were   presented  at  the  last  ses- 
sion, I  should  vote  precisely  as  1  voted  then.     But  totally  different 
is  the  question  now  presented.     On  all  former  occasions  the  Presi- 
dent of  the  United  States,  and  his  friends  on  this  floor,  disavowed 
any  intention  of  conquest,  or  acquisition  of  territory   by  conquest. 
They  invariably  declared  that  their  object  was  not  to  obtain  Mexi- 
can territory  bv  robbery  or  conquest.  They  fought,  it  was  declared, 
for  a  fair  and  honorable  peace,    and   for  indemnity  for  the  injuries 
which  we  had  received  at  the  liands  of  Mexico.     But  what  now  is 
the  issue,  presented  to  the  American  Senate,  by  the  bill  upon  your 
table  ?     Allow  me  here  to  read  from  the  Mcss.-ige  of  the  President. 
so  that  there  may  be  no  ground  for  anv  allegation  uf  misstatement 
or  equivocation.   Let  us  hear  from  the  President  himseU'.  ihe  obiects 
which  he  has  in  view,  and  the    purposes  for  the  aecoinplishme'nt  of 
which  ho  desires  these  additional  troops.    The  President  says  : 

"In  llic  menn  (imp.  a«  Me.\icii  n-fuscK  all  iriiU>innity,  \vp  hIiouUI  a<lopl  itieasiircs  to 
irnlvnuiily  ourvlvcs,  by  iiit^roprialin^  iwrniaiu-nUy  a  |iuniun  of  Iht  tprritory.  Karly 
aftpr  tin-  commrnopnifnt  ol  On-  war.  New  iMt-xifo  and  the  Calilbrnias  wore  takcii 
po»M)»ion  ol"  by  our  lbrc»*<.  Our  military  ami  naval  coininamlprs  wt're  ordered  to 
conqoer  and  hold  them,  Hubjcct  to  be  disiKMeil  of  by  a  treaty  of  jieace. 

'■ThcMi|H0viuie«  an*  now  in  our  ondinpoted  occn|mtion,  and  have  been  so  for 
many  montli.*;  all  rr^iiitnnco  on  Ibu  part  of  Mexico  bavini;  ceo-icd  williui  tbcir  limiis. 
I  ain  lalinfted  that  they  tihonid  never  l)e  surnmdcreil  to  Mexico." 


And,  again,  he  says  on  the  same  page  ; 


•Besides  New  Me-xico  ami  the  Californias,  there  are  other  Mexican  )ironnc« 
which  have  been  rednced  to  our  possession  by  conquest.  These  other  Mexican  pro- 
\ince^  are  now  frovemed  by  otir  military  and  naval  commanders,  under  the  general 
authority  which  is  conferred  upon  a  con(|UPror  by  the  laws  of  war.  They  should 
continue  to  be  held  as  a  means  of  coerciug  Mexico  to  accede  to  just  terms  ol  |ieace.'" 

The  question  then  arises,  what  are  these  "terms  of  peace" — 
what  the  President  considers  to  be  "just,"  and  on  which  he  means 
to  insist?  By  turning  to  the  eighth  page  of  his  message  you  will 
find  an  answer  to  this  inquiry.  You  will  there  discover  the  views 
of  the  Executive  with  regard  to  "just  terms  of  peace."  It  has 
been  said  in  the  progress  of  debate,  that  the  President  attempted 
to  negotiate  after  the  battles  of  Contreras  and  Cherubusco— that 
he  made  an  effort  to  treat  with  the  Mexican  commissioners- having 
sent  Mr.  Trist  to  Mexico  for  that  purpose.  In  his  message  he 
communicates  the  purport  of  the  instructions  given  to  Mr.  Trist, 
and  his  own  "ultimatum." 

"The  commissioner  of  the  Ignited  Slates  was  authorized  to  agree  to  the  eslablUh 
ment  of  the  Rio  Grande  as  the  boundary,  from  its  entrance  into  the  Guli  to  its  inter- 
seclion  with  Uie  southern  boundary  of  New  Mexico,  in  north  latitude  about  thirty- 
two  degrees,  and  to  obtain  a  cession  to  llie  Uui'cd  Stales  of  Ihe  provinces  of  New 
Mexico  and  the  Californias,  and  Ihe  privilege  of  the  right  of  way  across  the  isthmus  of 
Tehuantepec.  The  boundary  of  the  Rio  Grande,  and  the  cession  to  the  L  nited 
Slates  of  New  Mexico  and  Upjier  ( ■.ilifornia,  constituted  an  ultimatum  which  on r 
commissioner  was,  under  no  circumstances,  lo  yield.*' 

Here  we  have  the  President's  "  just  terras  of  peace,"  as  he  calls 
them; — his  "ultimatum"  is  definitely  announced,  and  we  are  no 
longer  left,  as  during  the  two  last  sessions,  to  conjecture — to  guess 
at  the  objects  and  intentions  of  the  President  of  the  United  States 
in  regard  to  Mexico.  It  is  now  certain  that  he  has  demanded  as 
.an  tdtimatum,  and  means  to  demand  hereafter  as  his  ultimatum, 
the  cession  to  the  United  States  of  the  Californias,  and  the 
whole  of  New  Mexico — a  teri-itorv  embracing  at  least  690,000 
.square  miles  of  land— more  than  twice  the  entire  territorial  extent 
of  the  "old  thirteen  States"  at  the  time  of  the  American  Revolu- 
tion! And  I  am  called  upon  lo  give  a  vote  which  shall  enable  the 
President  to  enforce  these  "terms  of  peace!"  I  am  called  upon  to 
give  a  vote  that  shall  enable  him  to  compel  Mexico  to  cede  the 
whole  of  New  Mexico  and  the  Californias  to  this  country.  I  have 
no  choice  left.  I  must  at  once,  take  up  mylposition.  and  say  whe- 
ther I  am  in  favor  of  the  acquisition  and  conquest  of  all  this  vast 
region,  or  whether  I  am  opposed  to  it. 

I  must  confess  that  I  do  not  understand  the  argument  of  ray 
honorable  friend  from  Maryland.  [Mr.  Johnson.]  He  concluded, 
as  I  understood,  with  an  expression  of  his  resolution  to  vote  lor 
this  bill.  He  told  us  to-day,  that  if  the  people  of  the  United 
States  were  consulted,  he  verily  believed,  the  great  mass  of  them 
would  decide  against  the  acquisition  of  any  territory  on  the  wes- 
tern side  of  the  Del  Norte.  The  Senator  thought  that  the  people 
of  the  United  States  would  go  with  him  for  acquisition  of  territory 
by  wav  of  indemnity  and  not  by  way  of  robbery,  but  in  payment 
of  the'debt  which  is  justlv  due  us  by  Mexico.  He  thought  that 
the  people  would  go  with  him  so  far  as  to  defend  the  country  be- 
tween the  Nueces  and  the  Rio  Bravo;  but  he  had  no  doubt  that 
the  people  of  the  United  States  were  clearly  opposed,  and  would 
so  declare  themselves  whenever  called  upon,  to  the  acquisition  of 
any  territory  on  the  other  side  of  the  Rio  Bravo.  iVow,  I  cannot 
understand  how  my  friend,  having  arrived  at  these  conclusions, 
being  thus  satisfied  as  to  the  popular  will,  can  reconcile  it  to  him- 
self to  vote  for  this  immense  addition  to  the  army  of  the  United 
States,  when  the  object  of  the  auirmentation  of  the  military  estab- 
lishment is  plainly  avowed  by  the'President  to  bo  the  extension  of 
his  conquests  over  the  whole  of  this  country  on  the  othei-  side  of 
the  Rio  Bravo,  and  the  acquisition  of  both  the  Californias  and 
New  Mexico.  If  my  honorable  friend  can  reconcile  that  by  the 
exercise  of  all  his  ingenuity,  I  should  like  to  hear  him  do  so.  For 
my  part  I  cannot  comprehe'nd  it.  Without  reflecting  on  his  course, 
however,  my  business  is  to  point  out  my  own. 

Before  I  proceed  farther  in  the  argument  on  this  question,  I 
desire  to  say,  for  one,  that  I  never  have  been,  and  I  am  not 
now  willing  to  acquire  one  acre  of  ground  from  Mexico,  or  any 
other  nation  under  heaven,  by  conquest  or  robbery.  I  hold  that 
in  all  our  transactions  with  the  other  nations  of  the  world,  the  great 
principle  ought  to  be  maintained  by  us  that  "honesty  is  the  best 
policy;"  and  that  an  honorable  reputation  is  of  more  value  tea 
country  than  land  or  money.  I  hold  that  any  attempt  on  our  part, 
merely  because  we  happen  to  possess  superior  strength,  to 
compel  a  weaker  nation  to  cede  to  us  all  that  we  choose  to  de- 
mand as  indemnity,  whilst  we  at  the  same  time  admit  that  wo  ask 
for  more  than  she  owes  us,  is  nothing  else  but  robbery.  If  a  man 
owes  me  a  sum  of  nionev,  and  if  when  I  meet  him  on  the  highway, 
he  i-eplies  to  my  demand  that  he  has  not  wherewithal  to  meet  it, 
and  I  should  insist  with  a  pistol  pointed  to  his  breast,  that  he  should 
deliver  to  me  a  deed  of  his  farm  at  the  estimate  which  I  choose  to 
put  upon  it,  I  think  there  could  not  be  nmeh  diffeience  of  opinion 
as  to  the  nature  of  that  transaction.  I  should  like  to  know  how 
my  friend  IVom  Maryland,  who  is  an  able  lawvcr,  would  defend  un- 
der an  indietment  the  man  guilty  of  such  conduct.  .Would 
it  be  any  palliation,  or  excuse,  or  justification  of  the  conduct 
of  his  client,  in  such  a  case,  that  the  money  was  justly  due 
him?  Cotdd  there  bo  found  in  Christendom,  a  court  and  jury  that 
would  hesitate  as  to  the  verdict  in  such  a  case?  And  what,  let  me 
ask — iis  a  friend  near  me  (Mit.  Webstkh,)  suggests,  what  would 
be  the  value  of  the  deed  obtained  in  such  circumstances?  II  the 
possessor  of  it  should  even  go  "imwhipt  of  justice,"  wotUd  he  not 


January  11.] 


THE  TEN  REGIMENT  BILL. 


95 


he  the  objeef.  to  which  the  scornful  finger  of  every  honest  man 
would  bo  pointed,  so  lon<;  as  he  lived  upon  the  earth?  I  hold, — 
and  however  old  fashioned  the  notion  may  be,  I  shall  maintain  it  so 
long  as  I  have  a  seat  here — that  character  is  as  valuable  to  a  na- 
tion as  it  is  to  an  individual;  and  inasmuch  as  I  would  scorn  as  a 
private  citizen  to  despoil  my  neif^libor  of  bis  property  in  these  cir- 
cumstances and  with  these  avowals,  so  as  a  public  man,  I  never  can 
sanction  in  the  slishtest  decree  such  a  course  of  conduct  on  the 
part  of  the  government  of  the  country. 

We  are  one  of  the  strongest  nations  of  the  earth."  We  have 
been  amongst  the  weakest.  In  times  gone  by  we  have  suffered 
from  the  cruelty,  the  tyranny,  and  injustice  of  other  nations,  and 
have  uttered  loud  complaints.  We  have  now  waxed  strong,  and 
can  put  the  foot  upon  the  neck  of  a  sister  republic,  and  compel  her 
to  yield  to  the  terms  we  ourselves  dictate.  The  question  now 
oomes  up,  and  it  addresses  itself  to  every  genuine  lover  of  his  coun- 
try, whether  the  acquisition  of  all  this  territory  in  those  circum- 


stances, would  compensate  us  for  the  loss  of  the  reputation— that 
high  national  character  which  we  have  hitherto  sustained  ?  Do 
not  understand  me  as  opposing  the  just  claims  of  my  own  country. 
I  wouldgo  as  far  to  enforce  those  claims  consistently  with  the 
honor  of  the  country,  as  any  man  living.  So  far  as  the  prosecu- 
tion of  war  for  the  purpose  of  securing  just  indemnity  for  these 
claims  might  be  concerned,  I  would  go  as  far  as  he  who,  on  the 
other  side  of  the  chamber,  goes  farthest .  But  the  President 
distinctly  tells  you,  that  when  Mr.  Trist  made  the  proposition 
to  the  Mexican  Commissioners  to  negotiate,  the  terms  were 
to  be  defined  by  him,  and  that  they  were  to  be  submitted  to  by 
Mexico  at  "the  cannon's  mouth." 

Here  the  Senator  yielded  to  a  motion  to  adjourn,  the  usual  hour 
of  adjournment  having  arrived. 

The  Senate  then  adjourned. 


1^ 


96 


PETITIONS  AND  MEMORIALS. 


[Wednesday, 


WEDNESDAY,  JANUARY  12,  1848 


PETITIONS. 


Mr.  CASS  presented  the  petition  of  Eliza  A.  Mellon,  widow  of 
a  deceased  army  officer,  praying  a  pension;  which  was  referred  to 
the  Committee  on  Pensions. 

Mr.  YULEI':  submitted  additional  documents  relating  to  the 
claim  of  Isaac  Varnes,  senior,  which  were  referred  to  the  Commit- 
tee of  Claims. 

Mr.  YULEE  submitted  an  additional  document  relating  to  the 
claim  of  Gad  Himiphreys;  which  was  referred  to  the  Committee 
of  Claims. 

Mr.  YULEE  presented  a  memorial  of  citizens  of  Florida,  pray- 
ing that  the  Land  Office  for  the  Alachua  Land  District,  may  be 
located  at  Flemington  in  Marinn  county  in  that  State;  which  was 
referred  to  the  Committee  on  Public  Lands. 

Mr.  HALE  presented  the  petition  of  Mary  Willington  and  oth- 
ers, praying  the  adoption  of  pacific  raeasiu-es  for  terminating  the 
war  witli  Mexico;  wliich  was  referred  to  the  Committee  on  Fo- 
reign Relations. 

Mr.  HALE  presented  a  petition  of  citizens  of  Indiana,  praying 
the  immediate  withdrawal  of  the  troops  of  the  United  States  from 
Mexico;  which  was  referred  to  the  Committee  on  Foreign  Rela- 
tions. 

Mr.  HALE  presented  a  petition  of  citizens  of  Indiana,  praying 
that  all  further  supplies  for  the  prosecution  of  the  war  with  Mex- 
ico may  be  withheld  by  Congress;  which  was  referred  to  the  Com- 
mittee on  Foreign  Relations. 

Mr.  HALE  presented  a  memorial  of  female  inhabitants  of  Ken- 
nebunk.  in  Maine,  prayuigthe  immediate  withdrawal  of  the  troops 
of  the  United  States  from  Mexico;  which  was  referred  to  the  Com- 
mittee on  Foreign  Relations. 

Mr.  HALE  presented  a  petition  of  female  inhabitants  of  the 
counties  of  Carroll,  Harrison,  and  Tuscarawas,  Ohio,  praying  the 
adoption  of  pacific  measures  for  terminating  the  war  with  Mexico; 
which  was  referred  to  the  Committee  on  Foreign  Relations. 

Mr.  HALE  presented  a  petition  of  female  inhabitants  of  Leo- 
minster, Massachusetts,  praying  the  adoption  of  measures  for  the 
speedy  termination  of  the  war  with  Mexico;  which  was  referred 
to  the  Committee  on  Foreign  Relations. 

Mr.  HALE  presented  a  memorial  of  ministers  and  laymen  of 
the  Unitarian  denomination,  praying  the  adoption  of  pacific  mea- 
.sures  for  terminating  the  war  with  Mexico,  and  the  reparation  of 
all  wrongs  that  may  have  been  done  by  the  United  States  to  that 
Republic;  which  was  referred  to  the  Committee  on  Foreign  Rela- 
tions. 

Mr.  HALE  said: — Mr.  President — I  have  been  requested  by  the 
gentleman  from  whom  I  have  received  this  last  memorial,  to  say 
a  word  in  explanation  of  its  character,  and  in  order  to  obviate  an 
exception  which  may  arise  in  some  minds  from  an  inspection  of 
the  petition  itself,  that  it  is  of  a  sectarian  character,  coming  only 
from  a  single  denomination.  The  answer  to  this  is,  that  it  origi- 
nated with  that  class  who  were  desirous  of  doing  what  they  might 
for  arresting  what  they  considered  a  great  and  alarmiii"  evil. 
They  had  neither  the  time  nor  the  means  for  associating  with 
themtelves  the  various  other  denominations  which  divide  the  Chris- 
tian world,  and  they  did  not  feel  authorized  to  speak  in  the  name 
or  on  behalf  of  the  Church  universal.  This  alone  accounts  for  the 
apparent  sectarian  character  of  the  petition  on  its  face.  But.  Mr. 
President,  it  will  be  seen,  on  examining  the  substance  of  the  peti- 
tion, that  it  is  far  from  being  obnoxious  to  such  a  reproach,  but  on 
the  other  hand  asks  for  measures  eminently  Christian  in  their 
character,  and  in  which  all  of  every  name  and  sect  may  unite, 
■who  believe  in  that  original  test  of  discipleship  laid  down  by  the 
Author  of  our  religion,  who,  when  arraigned  before  the  Roman 
Governor,  said,  ''if  my  kingdom  were  of  this  world,  then  would 
my  servants  fight." 

Mr.  President,  having  so  recently  declared  mv  sentiments  in  my 
place  in  the  Senate  concerning  the  objects  and  character  of  this 
w.ir,  it  seems  unnecessary  for  me  to  add  a  word  at  this  time  and 
I  leave  it  in  the  hands  of  the  Senate,  simplv  remarking,  that 
amonfj  the  marks  of  public  favor  with  which  I  liave  been  honored, 
the  being  selected  as  the  agent  to  present  this  petition  to  the  Sen- 
ate, ia  most  grateful  to  my  feelings,  and  that,  whether  I  look  to 
the  character  of  the  petitioners  or  the  objects  for  wliich  they  pr«y. 

Mr.  BRADflURY  ■ubmitlad  an  addilioMkl  daciuntnt  raUtJlf 


to  the  claim  of  John  0.  Means;  which  was  referred  to  the  Com- 
mittee on  Naval  Ail'airs. 

On  motion  by  Mr.  NILES,  it  was 

Ordered,  That  the  petition  of  Mr.  S.  W.  Chilson,  on  the  files 
of  the  Senate,  be  referred  to  the  Committee  on  the  Post  Office 
and  Post  Roads. 


On  motion  of  Mr.  DICKINSON,  it  was  ' 

Ordered,  That  Joseph  Roby  have  leave  to  withdi-aw  his  petition 
and  papers. 

On  motion  by  Mr.  CAMERON,  it  was 

Ordered,  That  Henry  W.  Andrews  have  leave  to  withdraw  his 
petition  and  papers, 

CL.iilMS    ON    MEXICO,; 

Mr.  SEVIER,  from  the  Committee  on  Foreign  Relations,  to 
whom  had  been  referred  the  Resolution  to  create  a  Board  to  as- 
certain and  determine  the  amount  of  each  of  the  claims  of  the 
citizens  of  the  United  States  against  Mexico,  reported  the  same 
with  an  amendment. 

PRIVATE  BILLS,  ETC. 

Mr.  DOWNS,  from  the  Committee  on  Private  Land  Claims,  to 
whom  had  been  referred  the  petition  of  William  Pumphrey,  reported 
a  bill  for  the  relief  of  the  legal  representatives  of  Jacques  Moulou; 
which  was  read  and  passed  to  the  second  reading. 

Mr.  WESTCOTT,  from  the  Committee  on  the  Judiciary,  to 
whom  had  been  referred  the  memorial  of  the  heirs  of  Abner  L. 
Duncan,  submitted  an  adverse  report;  wliich  was  ordered  to  be 
printed. 

Mr.  WESTCOTT,  from  the  Committee  on  the  Judiciary,  to 
whom  had  been  referred  the  ])etition  of  Nahum  Haskell,  reported 
a  bUl  tor  the  rehef  of  Richard  Bloss  and  others;  which  was  read 
and  passed  to  a  second  reading. 

Mr.  JOHNSON  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  had  been  referred  the  memorial  of  George  Pettv, 
submitted  an  adverse  report  thereon;  which  was  ordered  to  Be 
printed. 

Mr.  JOHNSON  of  Louisiana,  from  the  Committee  on  Pensions, 
to  whom  had  been  referred  the  document  relating  to  the  Claim  of 
Fernando  Fellanny,  reported  a  bill. for  his  relief;  which  was  read 
and  passed  to  the  second  reading. 

Mr.  JOHNSON  of  Louisiana,  also  submitted  a  report  on  the 
subject;  which  was  ordered  to  be  printed. 

Mr.  JOHNSON  of  La.,  Irom  the  Committee  on  Pensions,  to 
whom  had  been  referred  the  documents  relating  to  the  claim  of 
Peter  Engles.  senior,  submitted  a  report  accompanied  by  a  bill  for 
his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  bo  prinled. 

Mr.  JOHNSON,  of  La.,  from  the  Committee  on  Pensions,  to 
whom  had  been  referred  the  documents  relating  to  the  claim  of 
Elizabeth  Pistole,  submitted  a  report,  accompanied  by  a  bill  for 
the  relief  of  Elizabeth  Pistole,  widow  of  Charles  Pistole   deceased. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  YULEE,  from  the  Committee  on  Private  Land  Claims,  to 
whom  had  been  referred  the  ipemoria'  of  Jesse  Turner,  reported  a 
bill  for  his  relief;  which  was  read  and  passed  to  the  second  reading. 

Mr.  YULEE,  from  the  Committee  on  Naval  AflTairs,  to  whom 
had  been  referred  the  petition  of  Jesse  D.  Elliott,  reported  a  bill 
for  the  relief  of  the  legal  representatives  of  Captain  Jesse  D.  El- 
liott;  which  was  read  and  passed  to  the  second  reading. 

Mr.  YULEE,  from  the  Committee  on  Naval  AfTairs,  to  whom 
had  been  relericd  the  memorial  of  William  M.  Glendy,  aubinitted 
au  advarsc  raport;  wkiob  waa  ordered  to  tie  piiutod, ' 


January  12. j 


MR.  DICKINSON'S  RESOLUTIONS. 


97 


On  motion  by  Mr.  JOHNSON  of  Louisiana,  it  was 

Ordered,  That  the  Committee  on  pensions,  be  discliarged  from 
the  further  consideration  of  tlie  petition  of  Mary  D.  Wade,  and 
that  it  be  referred  to  the  Conmiittee  on  Naval  Affairs. 

The  Ser.ate  resumed  the  oonj-ideration,  as  in  Committee  of  the 
Whole,  of  tlie  tiill  for  the  relief  of  William  B.  Slaughter,  late  Sec- 
retary of  the  territory  of  Wisconsionj  and  no  amendment  being 
it  was  reported  to  the  Senate. 

Ordered,  That  the  bill  bo  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

ResoIvt'Al,  Tiial  tliis  bill  pa^s,  ami  that  Uie  title  tlic-rcof  be  as  aforesaiil. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

V.  S.  COURTS  IN  VIRGINIA. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
had  been  referred  the  bill  to  change  the  times  of  holding  the  Dis- 
trict Courts  of  the  United  States  for  the  western  district  of  Vir- 
ginia, and  for  other  purposes,  i-eported  the  same  with  amend- 
ments . 

CONICAL     VENTILATOR. 

Mr.  YULEE,  from  the  Committee  on  Naval  Affairs,  to  whom 
had  been  reierred  the  bill  directing  tie  Secretary  of  the  Navy  to 
purchase  from  Dr.  James  P.  Espy,  his  patent-right  for  the  Coni- 
cal Ventilator,  lor  the  use  of  the  United  States,  reported  the  same 
without   amendment. 

KORWARD    OFFICERS    OF    THE    EXPLORING  EXPEDITION. 

Mr.  YULEE,  from  the  Committee  on  Naval  Affairs,  to  whom 
had  been  referred  the  memorial  of  the  forward  officers  of  the  late 
exploring  expedition,  luhmittcd  a  report  accompanied  by  a  bill  for 
their  relief. 

The  bill  was  read  and  passed  te  the  second  r^'ading. 

Ordered,  That  the  report  be  printed. 

JUDGE    OF    THE    WESTERN    DISTRICT    OF    VIRGINIA. 

On  motion  by  Mr.  ASHLEY,  it  was 

Ordered,  That  the  Committee  on  the  Judiciary  be  discharged 
from  the  further  consideration  of  the  petition  of  George  H.  Lee, 
and  others. 

ANNEXATION    OF    TERRITORY. 

The  Senate  proceeded  to  the  consideration  of  the  following  reso- 
lutions, submitted  by  Mr.  Dickinson  : 

Resolved,  Tiiat  true  policy  requires  the  government  of  the  ITniled  Stales  to  strength- 
en its  political  and  commercial  relations  ujioii  this  continent  by  the  annexation  of 
such  contiguous  territory  as  may  conduce  to  that  end  and  can  be  justly  obtained;  and 
that  neither  in  such  acquisition  nor  in  the  ternloriaj  organization  thereof  can  any  con- 
ditions be  constitutionally  imposed,  or  instilnl  ions  be  provided  for  or  established,  in- 
consistent with  the  right  of  the  people  thereof  to  form  a  free  sovereign  State,  with 
the   powers  and   privileges  ot  the  origin-ol  members  of  the  Confederacy. 

Resolved,  That  in  organizing  a  territorial  government  for  territory  belonging  to  the 
United  States,  the  principles  ol  self-government  upon  which  our  federative  system 
rests,  will  be  best  promoted — the  true  spirit  and  meaning  of  the  Constitution  be  ob- 
served, and  the  confederacy  strengthened,  by  leaving  alf  (inestions  concerning  the  do- 
mestic poUcy  therein  to  the  legislatures  chosen  by  the  peojrle  thereof 

Mr.  DICKINSON  said:— 

We  are  admonished  by  the  exigencies  of  the  times  and  the  pre- 
vailing sentiment  of  the  American  people,  tostregthen  our  politi- 
cal and  cofiimercial  relations  upon  this  continent  and  the  annexa- 
tion of  such  cotitiguous  territory  as  can  be  justly  obtained,  as  well 
for  the  positive  benefits  the  acquisition  may  confer,  as  to  shut  out 
forever,  as  far  as  practicable,  the  pernicious  influences,  and  imper- 
tinent intermeddling.s  of  European  inonarchy:  and  while  the  cir- 
cumstances under  which  this  policy  may  properly  be  enforced,  are 
too  varied  and  contingent  to  be  enumerated  or  suggested,  the  state 
of  our  relations  both  foreign  and  domestic,  demand  that  it  be  fully 
declared  before  the  world.  We  have  been  compelled  by  misgui- 
ded Mexico,  to  resort  to  the  uJlima  ratio  of  nations  for  an  adjust- 
ment of  grievances.  Witbher  capitol,  herports,  her  fortifications 
and  principal  towns  in  our  possession,  she  spurns  all  proposals  for 
accommodation,  and  we  have  no  alternative  left  consistent  with 
national  spii-it  or  self  respect,  but  to  retain  of  the  possessions  al- 
lotted us  by  the  tribunal  of  her  own  selection,  ample  indemnity  for 
the  wrongs  she  has  heaped  upon  our  government  and  people.  But 
should  she  in  some  sane  moment  consent  to  negotiate,  she  can  fur- 
nish indemnity  only  in  territory  and  this  government  can  accept  of 
no  terms  but  such  as  give  full  compensation;  so  that  whether  we  have 
peace  or  war,  treaty  or  no  treaty,  the  question  of  territorial  acqui- 
sition cannot  be  avoided.  Had  we  remained  at  peace  with  Mexfco, 
the  same  policy  of  acquisition  would  sooner  or  later  have  been  pre- 
sented, and  should  a  treaty  of  peace  be  negotiated,  and  a  full  indem- 
nity be  patd  in  money,  of  which  there  is  no  prospect,  the  question 
of  extending  our  possessions  eoidd  not  long  be  postponed.  Al- 
though clearly  demanded  by  national  interests  and  almost  univer- 
sally favored  by  the  American  people,  this  poUcy  has  been  embar- 

30th  Cong.— IsT  Session.— No,  13. 


rassed  by  an  element  of  irritation  calculated  to  arrest  if  not  defeat 
it  altogether.  Some  who  profess  to  favor  it,  do  so  only  upon  con- 
dition that  domestic  slavery  shall  bo  prohibited  by  Congress  in  any 
acquired  territory — other  swith  marked  determination  oppose  any 
increase  with  such  restrictions,  and  both  these  classes  propose 
to  co-operate  with  the  opponents  of  acquisition  unless  their  pecu- 
liar views  respectively  are  adopted. 

Believing  that  a  policy  so  eminently  national,  should  not  thus 
be  defeated,  or  put  at  hazard — that  the  legislation  of  Congress 
can  have  little  influence  over  the  domestic  regulation  of  territory, 
that  its  temporary  governmcmt  is  a  matter  of  secondary  importance 
compared  with  the  policy  of  acquisition,  and  that  its  domestic  re- 
gulation may  be  safely  entrusted  to  those  most  deeply  interested 
m  the  institutions  they  may  establish,  I  have  introdirced  these  re- 
solutions. They  were  presented  that  the  Senate  might  form  and 
inonounce  its  judgment  before  the  country,  upon  the  two  great  ques- 
tions embraced  therein,  which  engage  so  large  a  share  of  the  pub- 
lic consideration.  They  do  not,  as  is  supposed  by  .some,  bring 
here  with  its  profitless  discussions  and  exciting;  consequences,  the 
vexed  question  of  slavery,  for  it  was  here  before  them,  but  thev 
propose  to  transfer  it  hence,  and  leave  under  the  constitution  ail 
iiuestions  concerning  the  erection  or  prohibition  of  this  institution 
in  the  territories,  to  the  inhabitants  thereof;  that  its  intrusion  may,, 
not  hereafter  arrest  the  policy,  defeat  the  measures  or  disturb  the 
councils  of  the  nation.  They  were  offered  in  the  hope  that  all  who 
believe  in  the  great  cardinal  principle  of  freedom — the  capacity  of 
man  for  his  own  government,  would  harmonise  conflicting  opinions 
and  unite  upon  this  common  ground  of  justice  and  equality. 

The  people  of  the  originaf  States  declared  that  m  form  a  more 
perfect  union,  establish  justice,  insure  domestic  tranquility,  pro- 
vide for  the  common  defence,  promote  the  general  welfare  and  se- 
cure the  blessings  ofhberty  to  themselves  and  then:  posterity,  they 
estabUshed  the  (Constitution.  Although  the  articles  of  confedera- 
tion which  gave  place  to  this  instrument,  provided  for  the  admis- 
sion  of  Canada  to  the  Union,  and  the  comprehensive  terms  employ- 
ed to  explain  the  objects  of  the  Constitution,  show  that  no  narrow- 
territorial  boundaries  were  contemplated,  it  is  apparent  that  few 
statesmen  at  that  early  period  foresaw  the  early  growth  we  were 
destined  to  attain.  The  wisest  and  ablest  of  the  tunc,  timidly  ne- 
gotiated for  years,  at  the  close  of  the  last  century,  for  the  right  of 
navigating  the  Mississippi,  and  proposed  to  fix  upon  that  river  as 
the  westerji  boundary  of  the  United  States  forever. 

And  in  negotiatins  for  the  territory  of  Louisania,  our  government 
sought  to  procure  oiily  a  portion,  and  the  greatest  share  was  virtu- 
ally'^taken  upon  compulsion.  The  policy  which  from  one  acquisi- 
tion has  already  given  to  this  Union  four  sovereign  States,  and 
holds  others  in  reserve,  was  at  the  time  assailed  with  a  virulence 
and  denunciation,  and  threats  of  disunion,  which  may  be  profliably 
consulted  rather  than  copied  by  those  who  are  alarmed  by,  or  pro- 
pose to  repeat  the  cry  of  territorial  aggrandizement. 

Louisiana,  too,  was  a  Spanish  province,  contained  a  foreign  popu- 
lation, strangers  to  our  form  of  government,  and  was  transferred 
with  its  jieople  from  Spain  to  France,  and  from  France  to  the 
United  States  within  a  few  hours;  aiitl  yet,  what  State  has  been 
more  faithful  to  the  Union,  or  more  ably  represented  ! 

Territory  beyond  the  Mississippi  was  then  regarded  as  almost 
without  the  pale  of  probable  civilization,  and  the  expedition  of 
Lewis  and  Clark  to  the  mouth  of  the  Columbia,  where  the  mail  of 
the  United  States  is  now  regularly  distributed,  was  hailed  as  an 
epoch  in  the  history  of  North  American  enterprise  and  daring. 

But  the  tide  of  emigration  and  the  course  of  Empu-e  have  since 
been  westward.  Cities  and  towns  have  sprung  up  upon  the  shores 
of  the  Pacific,  and  the  river  we  essayed  to  fix  as  our  western, 
now  passes  nearest  to  our  eastern  boundary.  From  three,  our 
population  has  increased  to  twenty  millions — from  thirteen,  to 
twenty-nine  States,  with  others  in  the  process  of  formation  and 
on  their  way  to  the  Union.  Two  great  European  powers  have 
withdrawn  from  the  continent,  yielding  us  their  possessions,  and 
from  the  Northern  Lakes  to  the  Guff  of  Mexico — from  the  St. 
Lawrence  to  the  Mississippi,  nmnerous  aboriginal  nations  havo 
been  displaced  before  the  resistless  tide  of  our  prevailing  arts, 
arms  and  free  principles;  and  whoever  will  look  back  upon  the 
past,  and  forward  upon  the  future,  must  see,  that,  allured  by  the 
justice  of  our  institutions,  before  the  close  of  the  present  century, 
this  continent  will  teem  with  a  free  population  of  upwards  of  an 
hundred  mdlion  souls.  Nor  have  we  yet  fulfilled  the  destiny  allot- 
ted us.  New  territory  is  spread  out  tor  us  to  subdue  and  fertilize, 
new  races  are  presented  lor  us  to  civilize,  educate  and  absorb 
new  triumphs  lor  us  to  achieve  for  the  cause  o-f  freedom. 

North  America  presents  to  the  eye  one  great  geographical  sys- 
tem; every  portion  of  which,  under  the  present  lacilities  for  com- 
munication, may  be  made  more  accessible  to  every  other  than  were 
the  original  States  to  each  other  at  the  time  they  formed  the  con- 
federacj' — it  is  soon  to  become  the  commercial  centre  of  the  world. 
And  the  period  is  by  no  means  remote,  when  man,  regarding  his 
own  wants  and  impulses,  and  yielding  to  the  influences  of  laws  more 
potent  than  those  which  prescribe  artificial  boundaries,  will  ordain 
that  it  shall  be  united  in  political  as  well  as  natural  bonds,  and 
form  but  one  pohtical  system,  and  that  a  free,  confederated,  scU- 
CTOverned  republic,  represented  in  a  common  Hall  in  the  great  val- 
fey  of  the  west — exhibitmg  to  an  admiring  world  the  mighty  re- 
sults which  have  been  acliieved  for  freedom  in  the  western  hemis- 
phere. Then  will  a  more  perfect  Union  be  formed,  and  justice  be 
established  upon  enduring  fotmdations— the  domestic  tranquility  in- 
sured—the common  defence  he  provided  for— the  general  welfare 
promoted,  and  the  blessings  of  Uberty  secured  to  posterity. 
Oiu-  form  of  govermnent  is  admirably  adapted  to  extended  era- 


98 


MR.  DICKINSON'S  RESOLUTIONS. 


[Wednesday, 


pire.  Founded  in  tlie  virtuo  and  intelligence  of  the  people,  and 
derivinof  its  just  powers  i'rom  the  consent  of  the  tjovornedj  its  in- 
lluences  are  as  powerful  for  good  at  the  rennotost  limits  as  at  the 
political  centre. 

We  arc  unlike  all  communities  which  have  <;onc  liclbre  us,  and 
illustrations  drawn  from  comparing  us  with  them,  arc  unjust  and 
erroneous.  The  social  order  which  characterizes  our  system  is  as 
unlike  the  military  republics  of  other  times,  as  is  the  reliprion  ol 
the  Savior  of  men  to  the  impositions  of  Mahomet.  Our  system 
wins  by  its  justice,  while  theirs  souijlil  to  terrify  by  its  |)ower.  Our 
territorial  boundary  may  span  the  contment — our  no))ulation  be 
quadrupled,  and  the  number  of  our  States  he  doubled,  without  in- 
convenience or  dansjer.  Every  member  of  the  confederacy  would 
still  sustain  itself,  and  contribute  its  inHiicnces  for  the  ccneral 
good — every  pillar  would  stand  erect,  and  impart  strength  and 
beauty  to  tlie  edifice.  In  matters  of  national  legislation  a  numer- 
ous population,  extended  territory,  and  diversified  interests,  would 
tend  to  reform  abuses  which  would  otherwise  remain  unredressed, 
to  preserve  the  rights  of  the  States,  and  to  bring  back  the  course 
of  legislation  from  the  centralism  to  which  it  is  liastcning.  One- 
half  the  legislation  now  brought  before  Congress  would  be  lelt 
undone,  as  it  should  be,— a  large  portion  of  tlie  residue  would  he 
presented  to  the  consideration  of  Slate  legislatures;  and  Congress 
would  be  enabled  to  dispose  td  all  matters  within  the  scojie  of  its 
legitimate  functions  without  inconvenience  or  delay. 

The  present  political  relations  of  this  continent  cannot  huig  con- 
tinue, and  it  becomes  this  nation  1o  be  prepared  for  the  change 
which  awaits  it.  If  the  subjects  of  the  British  ciirani  shall  consent 
to  be  ruled  throufrh  all  time  by  a  distant  cabinet,  Mexico  cannot 
long  exist  under  the  misrule  of  marauders  and  their  pronunciamen- 
tosrand  this  was  as  clearly  apparent  before  as  since  the  existence 
of  the  war.  If,  then,  just  .ici|uisition  is  the  true  policy  of  this  go- 
vernment, as  it  clearly  is,  it  should  he  jmrsiiod  by  a  sicady  and  un- 
yielding purpose,  and  characterised  by  the  sternest  principles  of  na- 
tional justice.  It  should  not  rashly  anticipate  the  great  results 
which  are  in  progress,  or  thrust  aside  the  fruits  when  they  are  pro- 
duced and  presented.  The  national  existence  of  Mexico  is  in  her 
own  keeping,  but  is  more  endangered  at  this  time  by  her  own  im- 
becility and  stubbornness — her  national  ignorance  and  brutality, 
than  from  the  war  we  are  prosecuting  and  all  its  I'nnsequences. — 
She  has  been  hastening  to  ruin  for  years  upon  the  ilood-tide  of  pro- 
fligacy and  corruption,  and  if  she  is  now  rescued  and  hei«downfall 
arrested  and  postponed  for  a  season,  it  may  justly  be  attributed 
to  the  salutary  influences  of  the  chastisement  she  has  received. — 
But  a  majority  of  her  people  belong  to  the  fated  aboriginal  races 
who  can  neither  uphold  government  or  be  restrained  by  it — who 
flourish  onlv  amid  the  haunts  of  savage  indolence,  and  perish  un- 
der, if  they  do  not  recede  before,  the  influences  of  civilization. 
Like  their  doomed  brethren  who  were  once  spread  over  the  several 
States  of  the  Union,  they  are  destined,  by  laws  above  human  agen- 
cy, to  "ivc  way  to  a'stronger  race  from  this  continent  or  another. 
What  has  been  the  national  progress  of  Mexico  V  When  our  po- 
pulation was  three  millions  hers  was  five,  and  when  ours  is  twenty 
hers  is  eight,  and  while  we  have  attained  the  highest  rank  among 
the  nations  of  the  earth,  she  has  fallen  so  low  that  there  is  little 
left  to  wound  her  feelings  or  degrade  her  character.  She  has  ex- 
isted as  an  independent  government,  if  her  fretful  and  confused  be- 
ing may  be  thus  dignified,  almost  a  quarter  of  a  century,  and  has 
changed  her  government  by  military  revolution  during  that  period 
as  many  times  as  she  has  existed  years.  She  has  an  extended  and 
somewhat  populous  territory,  without  an  authorized  government 
or  the  means  of  instituting  one,  or  the  virtue  or  intelligence  to  up- 
hold it.  The  rights  of  her  people  are  illy  defined  and  worse  pro- 
tected. She  has  now  neither  army  or  na-.y,  or  means  of  national 
defence — no  treasury  nor  system  of  revenue.  She  has  national  an- 
ti]iathies  and  resentments,  but  neither  national  spirit  nor  national 
virtue  ;  and  has  thus  far  dragged  out  her  -metehed  existence  like 
the  eagle  of  mythology  chained  to  the  rock — gnawing  at  her  own 
vitals.  Her  valuable  mines,  rich  agricultural  regions,  and  Pacific 
harbors,  present  a  tempting  occasion  for  European  rapacity  to  re- 
vive upon  this  continent  their  execrable  proposal  to  regulate  the 
balance  of  power,  in  furtherance  of  which  England  has  already 
commenced  seizing  upon  South  American  possessions. 

And  should  our  army  now  be  withdrawn,  leaving  her  deluded 
people  the  prey  of  the  ferocious  spirits  who  have  hastened  her  dowiw 
fall,  we  may  expect  to  see  some  supernumerary  of  the  house  of 
Bourbon  placed  at  their  head  to  play  automaton  to  the  British  ca- 
binet. The  policy  of  extending  our  jurisdiction  over  any  portion 
of  Mexican  territory,  is  a  question  between  Europe  and  America 
— between  monarchy  and  freedom — and  not  b.-twei-n  the  United 
States  and  the  Repulilie  of  Mexico  ;  and  wc  should  licit  hesitate  to 
extend  our  protection  to  such  provinces  as  arc  held  by  us  in  undis- 
turbed possession  now,  and  patiently  await  the  dcvelopement  of 
the  future.  Should  the  progress  of' events,  without  injustice  on 
our  part,  open  to  the  enterprise  of  our  citizens  the  rich  mining  and 
agricultural  districts  of  that  country,  and  inhiso  among  this  scmi- 
barharous  people  the  blessings  of  civilization— should  tlie  valuable 
trade  which  has  been  monopolised  by  Enghmd  be  enjoyed  by  the 
States,  and  our  mint  coin  the  money  of  the  world  ;  aiid  should  a 
jiBssage  across  the  Isthmus  be  obtained,  placing  the  mouth  of  tlio 
Columbia  within  two  weeks  sail  of  New  Orleans,  and  valuable  Pa- 
cific harbius  permanently  secured, so  indispensable  to  the  protec- 
tion of  our  vast  trade  in  that  sea,  and  our  settlements  upon  that 
coast,  there  would  be  no  occasion  for  laincntaticui  or  alarm.  The 
day  is  not  far  distant  when  all  this  and  much  more  will  be  realized 
througn  a  process  as  fixed  and  unyielding  as  the  laws  of  "ravita- 


tion.  And  whenever  the  period  which  determines  whether  entire 
Mexico  shall  come  within  the  jurisdiction  of  the  United  States,  or 
become  a  colonial  dependent  upon  European  power,  the  duty  of 
this  government  will  admit  of  neither  doubt  or  hesitation. 

But  we  have  the  question  of  territorial  extension  directly  pre- 
sented for  our  consideration.  The  President,  in  his  annual  nies- 
san-e,  recommends  that  the  provinces  of  New  Mexico  and  Calilbr- 
nia,  now  ipiietly  held  by  us,  be  permanently  retained  as  indemnity, 
and  subjected  to  the  civil  jurisdiction  of  the  United  States.  Upon 
this  just  recommendation  of  the  Executive  we  shall  soon  be  called 
to  act,  and  while  the  great  mass  of  the  American  people  will  ap- 
prove the  suggestion,  some  will  crave  our  sympathies  while  they 
mourn  over  what  they  are  pleased  to  term  the  "ilismemberment  of 
Mexico."  Let  those  who  may,  indulge  this  misplaced  and  sickly 
sentiment.  Such  of  the  Mexican  people  as  may  have  the  good 
fortune  to  fall  within  our  jurisdiction,  should  it  be  the  entire  popu- 
lation, will  be  objects  of  envy  rather  than  of  commisseration.  and 
may  regard  it  as  a  special  interposition  of  Providential  favor. — 
They  will  find. a  repose  which  they  have  never  experienced,  and 
a  jirotection  for  life,  liberty  and  property,  to  which  they  are  stran- 
gers. They  would  exchange  a  lawless  and  irresponsible  despo- 
tism for  a  government  of  opinion — wild  and  debasing' liabits  for 
rational  civilization — the  .precarious  subsistence  of  savage  life 
for  the  wholesome  rewards  of  productive  industry — the  devasta- 
tions of  war  for  the  arts  of  peace.  Our  government  would  rear 
in  their  midst  the  genial  influences  of  equality,  and  secure  to  the 
hand  of  industry  the  bread  ol  its  earning.  It  would  elevate  their 
condition  in  the  scale  of  moral  and  social  being  and  inl'use  amongst 
them  the  vigilance  and  manly  spirit  wliieh  actuates  our  people. 
It  would  leave  them  with  all  just  relations  to  each  other,  enjoying 
the  religion  they  venerate  and  the  altars  where  they  are  wont  to 
worship.  To  them,  the  consequences  of  a  ''dismemberment" 
would  lie  such  as  were  experienced  by  the  inhaiiitants  of  Louisiana 
and  Florida,  when  France  and  Spain  were  respectively  "dismem- 
bered" of  these  fertile  territories.  Russia  '-dismembered"  Poland 
that  the  order  of  despotism  might  reign  at  Warsaw.  But  Ameri- 
ca "dismembered"  monarchy, "that  the  blessings  of  civil  liberty 
might  be  extended  upon  the  continent.  Wbfie  the  object  of  the  go- 
vernment ii  not  "dismemberment,"  our  troops  cannot  be  withdrawn 
without  fatal  consequences,  and  ueep  and  lasting  dishonor;  and  if 
Mexico  jiersists  in  her  course  of  blind  injustice,  the  results  are 
easily  anticipated.  The  war  with  Mexico  is  not  a  war  of  con- 
quest. Conquests  were  not  its  objects;  and  yet,  they  may  be 
amongst  its  fortunate  incidents.  A  nation  engaged  in  war  may, 
by  the  law  of  nations,  rightfully  conquer  all  the  territory  it  can 
subdue  and  hold  it  as  its  own.  So  much  are  conquests  deemed 
the  property  of  the  conqueror,  that  when  a  treaty  of  peace  is 
made,  the  territory  conquered  is  deemed  the  property  of  the  con- 
queror, unless  the  treaty  stipulates  for  the  surrender,  nor  does  this 
conquest  extinguish  a  debt  due  the  conqueror  before  the  commence- 
ment of  the  war.  The  conquests  we  have  gained  in  Mexico,  are 
ours  without  yielding  to  her  any  equivalent.  Wc  have  won  the 
sovereignty  over  them  honestly,  fairly,  and  legally,  by  the  law  of 
nations;  and  in  treating  with  her,  she  is  entitled  to  just  what  we 
may  think  jn'oper  to  give  her  for  relinquishing  her  right  to  re-con- 
quer them,  and  it  is  worth  just  what  good  judgment  may  dictate. 
And  whenever  she  proposes  to  treat  upon  this  principle  we  are 
morally  bound  to  treat  with  her.  We  cannot  virtuously  continue 
the  war  for  the  mere  purpose  of  making  further  conquests,  but 
we  can  virtuously  continue  it  to  the  subjection  of  the  whole  of 
Mexico,  if  she  will  not  make  peace  with  us  upon  just  and  honor  i 
ble  terms,  or,  if  we  chose,  u))on  such  terms  as  shall  have  due  refe 
rence  to  the  tei-ritory  we  have  acquired  by  conquest  The  ques 
tion  of  boundary  was  a  fair  subject  of  negotiation.  We  proposed 
negotiation,  wliieh  she  refused.  She  proflered  war  which  we  ac- 
cepted, and  she  has  no  right  to  complain  of  the  result  of  the  issue 
she  herself  tendered  us,  and  we  have  a  right  to  enjoy  what  the 
chances  of  war  have  thrown  into  our  hands.  The  disparity  of 
force  has  been  m  her  favor.  What  wc  could  have  brought  into  the 
field  has  had  no  influence  in  producing  results.  The  strength  was 
immeasurably  on  her  side,  when,  upon  her  own  soil,  her  popula- 
tion or  even  her  forces  m  the  field,  are  compared  with  our  inva- 
ding army.  Under  like  cireumstauccs,  when  wc  were  only  three 
millions  strong,  we  contended  successfully,  against  the  power  of 
Great  Britain;  and  Spain  contended,  in  like  manner,  against  the 
forces  of  Napoleon. 

Neither  national  justice  nor  national  morality  require  us  tamely 
to  surrender  our  Mexican  conquests;  nor  should  such  be  the  policy 
of  the  Government,  if  it  would  advance  the  cause  of  national  free- 
dom, or  secure  its  enjoyment  to  the  people  of  Mexico.  But  what- 
ever may  be  the  policy  touching  Mexican  conquests,  we  cannot, 
if  we  would,  restore  New  Mexico  and  California  to  that  govern- 
ment, for  the  reason  that  they  will  not  be  restored.  The  laws, 
which  control  the  policy  of  territorial  acquisition,  are  beyond  the 
control  of  legislation.  Fountains  of  tears  may  be  shed  over  the 
dismembcrnicnt  of  Mexico;  .supplies  to  our  gallant  army  may  be 
refused,  ami  it  may  be  called  back  from  its  field  ol  glory,  or  cora- 
jielled  to  retreat  therefrom  to  a  "defensive  line,"  or  be  disbanded 
and  dismissed,  and  the  people  holding  these  provinces  will  not  con- 
sent to  go  where  there  is  only  anarchy,  violence,  :uid  opjfression. 
Give  back  those  provinces!  As  well  return  to  Great  Briniin  what 
was  once  her  colonial  possessions — give  back  Louisiana  to  France, 
Florida  to  Siiain,  Texas  to  Mexico. 

Neither  the  solemnities  of  legislative  enactments,  nor  the  sanc- 
tions of  the  treaty-making  power;  can  compel  them  to  return;  and 
if  it  is  attempted  by  strength  of  arms,  it  will  require  a  greater 


January  12. J 


MR.  DICKINSON'S  RESOLUTIONS. 


99 


force  than  has  yet  bcea  ensaged  in  the  Mexican  war.  These 
provinces  are  oars  by  every  principle  of  justice  and  of  international 
law.  Thty  have  been  purchased  npon  the  battle-fields  of  Mexico, 
by  a  bravery  which  finds  no  parallel  in  the  history  of  mankind. 
The  consideration  has  been  too  dearly  paid ,  and  our  title  deeds 
are  written  in  the  best  blood  of  our  sons.  Let,  then,  the  laws  of 
humanity  and  peace  be  extended  over  them,  and  they  dedicated  for-' 
•ver  the  cause  of  freedom. 

The  principle  declared  by  the  last  clause  of  the  first  resolution, 
that  no  conditions  can  be  constitutionally  imposed  upon  any  terri- 
torial acquisition,  inconsistent  with  the  risht  of  the  people  thereof, 
to  form  a  free,  sovereign  State,  with  the  powers  and  privileges  of 
the  members  of  the  conJederacy,  I  deem  too  obvious  for  serious 
argument.  Whatever  laws  Congress  may  constitutionally  enact 
for  the  regalation  of  the  territories  of  the  United  Stales,  are  sub- 
ject to  be  altered  or  repealed  at  pleasure.  The  ancient  Medes 
and  Persians  declared  their  edicts  mialterable;  but  no  such  power 
is  vested  in  the  American  Congress,  and  those  who  propose  to 
have  it  enact " "unalteradile  and  fundamental''  laws,  employ  terms, 
which,  if  they  have  duly  considered,  they  do  not  comprehend. 
Every  State  admitted  to  the  Union,  from  the  moment  of  its  admLs- 
sion,  enjoys  all  the  rights  of  sovereignty  common  to  every  other 
member  of  the  confederacy.  The  State  constitution  carries  along 
with  it  its  own  definitions  of  sovereignty,  and  if  any  State  is  pro- 
hibited from  all  the  rishts  of  every  other,  then  it  is  not  a  sovereiin 
State.  If  it  is  atlmitted  with  a  constitution'  authorizing  domestic 
slavery,  it  may  change  its  constitntion  so  as  to  prohibit  it  at  its 
pieastire.  If  its  constitution  at  the  time  of  its  admission  prohibits 
slavery,  it  may  change  so  as  to  anthorize  it,  and  this  too,  regard- 
less of  any  legislation  upon  the  subject  by  Congress  or  otherwise, 
before  its  admission  to  the  Union.  In  other  words,  everv  State, 
after  its  admission,  may  in  virtue  of  its  own  sovereign  power,  es- 
tablish or  abolish  this  institution,  whatever  may  have  been  the  con- 
ditions imposed,  or  attempted  to  be  imposed  npon  it  dorins  its  ter- 
ritorial existence. 

The  second  resolution  declares  tha  t  the  principle  of  self-20v- 
emment  upon  which  the  federative  system  rests  wdl  be  best  pro- 
moted— the  true  spkii  and  meaning  of  the  constitution  be  observed, 
and  the  conlederacy  strenathened  Dy  leaving  all  questions  concern- 
ing the  domestic  regulation  of  territory  to  the  legislatures  chosen 
y  the  people  thereof. 

It  must  be  conceded  by  all,  that  Congress  has  no  inherent  power 
over  this  subject,  and  no  more  right  to  legislate  concemins  it  than 
the  British  Parliament,  unless  such  authority  is  delegated  by  the 
constiintion.  The  only  clause  of  the  constitution  which  is  sap- 
posed  to  confer  upon  Congress  the  right  to  legislate  for  the  people 
of  territory,  is  as  follows  : 

**Tlie  CongfesE  shaD  have  power  to  dispose  of,  and  make  all  needfol  niles  and  r^n- 
talions  respecting  the  tenilory  or  other  property  bdonging  to  the  United  Stales,  &c,"' 

In  providing  legislation  for  the  District  of  Colombia,  and  for 
places  occupied  by  the  government  of  the  United  States  for  fortifi- 
cations, and  other  erections  required  by  the  public  service,  the  con- 
stitution thus  confers  the  power  upon  Congress : 

"To  ■  \-r'^\^  e\'v:.:ve  legislMion  in  all  cases  what -. '^•r.  ;□  o'h  district  fnot  ex- 
oe.:-'  a-s  may  l»y  cession  ol*  partif       ~  '   the  acceptance 

ot"'  -  al  of  uie  govenunenl  ol'  tij.  and  to  exercise 

li^.^  ,   -  ^rs  parcha»--d  by  liie  c^n^o:  ■  '  _  -^  oj  the  Stare  in 

whi«Ui  tiw  iaruc  ^,aj  U;,  for  the  erection  of  ro.t»,   mri^ayiii^  s  arccnal*,  dock -yards, 
and  other  needfol  boiMings." 

By  the  clause  of  the  constitution  first  above  cited,  it  is  evident 
that  territory  is  mentioned  in  its  material,  and  not  its  political 
sense,  for  it  is  classed  with  "other  propertv,"  and  Congress  is 
authorized  to  dispose  of.  and  make  all  needftil  rides  and  regula- 
tions respecting  both.  In  the  other  section  they  are  separated, 
and  Congress  is  authorized  to  legislate  over  all  places  w^cupied 
for  public  structores;  but.  no  such  authority  is  extended  to  terri- 
tory. The  languase  of  the  constitution  is  that  of  great  precision — 
free  from  repetition,  and  every  word  was  well  weighed  in  its  posi- 
tive and  relative  sense.  And  if  its  framers  had  supposed  the 
phrase  "needftd  rules  and  regulations''  authorized  legislation  over 
places  belon:ring  to  the  United  States,  and  used  for  public  service, 
they  would  scarcely  have  authorized  legislation  over  such  places 
in  express  lanrntage  in  another  section.  Again,  in  providing  legis- 
lation for  the  district  of  Columbia,  Congress  is  authorized  to  ''ex- 
ercise exclusive  legislation"  over  it.  Now.  if  the  words  '"needful 
ndes  and  regulations  "  were  deemed  proper  and  apt  languase  to 
confer  legislative  authority  over  the  internal  affairs  of  a  territory. 
why  were  they  not  employed  to  authorize  legislation  over  the  Dis^ 
trict?  And  to  reverse  the  order  of  the  enquiry,  il'  it  was  intended 
to  confer  upon  Congress  the  power  to  lesislale  over  territory,  why 
was  it  not  given  in  the  same  express  terms  as  in  authorizing  legis- 
lation for  the  District?  From  this  view  there  is  little  doubfthat  a 
strict  construction  would  deny  to  Congress  the  rishts  to  legislate 
for  the  domestic  affairs  of  the  people  of  territory  without  their 
consent . 

Congress  has  however  upon  various  occasions  exercised  lesisla- 
tive  power  over  the  subject,  especially  in  incorporating  into  the 
law  organising  territories  the  provisions  of  the  ordinance  of  1787; 
and  this  has  been  acquiesced  in  by  the  people  of  the  territory. 
This  ordinance  was  framed  under  the  old  confederacy,  for  the  so- 
vernment  of  the  North  Western  Territory,  and  the  sixth  article 
forbade  slavery  or  involuntary  servinide  therein.  Its  validity  has 
often  been  questioned,  and  its  passage  was  pronounced  by  Mr. 
Madison  to  be  "without  the  least  color  of  constitntional  law." '  But, 


whether  authorised  or  not,  having  been  passed  before  the  adoption 
of  the  constitution,  the  act  has  no  authority  as  a  precedent  f<5r  like 
practice  under  it.  In  erecting  territorial  governments  since  the 
adoption  of  the  constitution,  the  action  of  Consress  has  not  been 
uniform.  In  organising  the  North  Western  Territories,  the  pro- 
visions of  the  ordinance  relating  to  slavery  have  beea  extended  to 
some,  and  withheld  from  others  standing  in  the  same  fe^fTaphical 
relation  to  the  states,  and  such  forms  of  orjianization  as  have  been 
proposed  by  Congress  have  met  with  general  acquiscence.  But 
this  has  neither  given  the  right  to  Congress,  nor  taken  it  from  the 
people  of  the  territory.  The  Missouri  compromise  cannot  be  re- 
garded as  an  ordinary  act  of  legislation,  upon  the  majority  princi- 
ple. It  was  rather  in  the  nature  of  a  compact,  not  adopted  as 
such  to-  be  sure,  but  assented  to  or  acquiesced  in  by  all  the  states 
through  their  representatives  in  Congress  or  otherwise.  Whether 
it  has  force  in  the  territories  or  not,  depends  upon  the  construction 
of  the  constitution  already  discussed,  but  il  has  no  bindinT  force 
upon  a  state  beyond  that  of  moral  obligation.  In  the  annexation 
of  Texas,  the  Missouri  compromise  line  was  extended  bv  a  major- 
ity vote,  but  it  was  disregarded  by  that  State  in  her  domestic  or- 
ganization, nor  has  any  department  of  the  general  government  or 
any  other  power,  save  her  own  people,  any  control  over  it.  This 
furnishes  a  practical  illustration,  of  the  value  of  "unalterable" 
provisions  by  Congress  in  the  organization  of  territorv.  Il  is  not 
denied  that  if  the  people  of  the  territory  acquiesce  in,  or  adopt  the 
form  of  domestic  government,  proposed  for  them  by  Congress,  it 
becomes  their  own,  having  all  the  force  of  law  tmlil  ihev  ''alter 
or  abolbh  it."  But  this  gives  to  Congress  no  constitutional  risht 
to  enforce  its  legislation  upon  the  people  of  the  territories  against 
their  wUl.  and  much  less  does  it  prohibit  the  people  of  the  slate  in 
embryo,  from  exercising  their  own  inherent  right  of  sovereignty  in 
their  domestic  affairs. 

The  resolution  declares  that  the  domestic  policy  of  the  people  of 
a  territory  should  be  left  with  them,  and  if  that  power  resides  in 
Congress,  as  is  contended,  it  should  be  delegated  to  the  people  of 
the  territory  and  be  exercised  by  them. 

From  the  "Declaration  of  Independence  to  the  adoption  of  the 
Constitution,  every  act  of  those  who  erected  our  system  of  Gov- 
ernment indicates  a  prevailing  Cfmfidence  in  the  capacity  and 
integrity  of  the  people,  and  a  lively  distrust  of  delegated  power; 
and  if  we  permit  ourselves  to  depart  from  the  letter  of  the  consti- 
tution, in  search  of  its  true  spirit  and  meaning,  we  shotdd  keep 
steadily  in  view  this  great  popular  and  controling  feature.  But  it 
is  not  my  purpose  to  discuss  further  the  abstract  right  of  Congress 
to  legislate  upon  this  subject. 

Whatever  power  may  or  may  not  rest  in  Congress  under  the  Con- 
stitution, that  instrument  could  not  take  from  the  people  of  territo- 
ries the  right  to  prescribe  their  own  domestic  policy  ;  nor  has  it 
attempted  any  such  office.  The  principles  declared  by  this  reso. 
lution  are  older  and  stronger  than  written  laws  and  paper  consti- 
tutions— ^principles  which  lie  at  the  foimdation  of  free  institutions, 
and  from  which  laws  and  eonstiiulions  emanate — inculcatin<'  the 
doctrine  that,  the  inherent,  original  power  of  self-jovernment  was 
derived  by  man  from  the  Sovereign  of  the  universe^;  and  that  "ov- 
ernment  is  the  creature  of  man,  and  not  man  the  creature  of 
government. 

The  republican  theory  teaches  that  sovereignty  resides  with  the 
people  of  a  state,  and  not  with  its  political  organization;  and  the 
Declaration  of  Independence  recognizes  the  right  of  the  people  to 
alter  or  abolish  and  reconstruct  their  government.  If  sovereisnty 
resides  with  the  people  and  not  with  the  organization,  it  rests  as 
well  with  the  people  of  a  territory,  in  all  that  concerns  their  inter- 
nal condition,  as  with  the  people  of  an  organized  state:  and  ii'  it  is 
the  right  of  the  people  by  virtue  of  their  innate  sovereignty  to 
"  alter  or  abolish.''  and  reconstruct  their  sovemment,  it  is  the 
right  of  the  inhabitants  of  territories,  in  virtue  of  the  same  inborn 
anribule,  in  all  thai  appertains  to  their  domestic  concerns,  to 
lashion  one  suited  to  their  condition:  and  if,  in  this  respect,  a  ibrm 
of  government  is  proposed  for  them  by  the  federal  government 
and  adopted  or  acquiesced  in  by  them,  they  may  afterwards  alter 
or  abolish  it  at  pleasure.  Although  the  government  of  a  territory 
has  not  the  same  sovereign  power  as  the  government  of  a  state  in 
its  political  relations,  the  people  of  a  territory  have,  in  all  that  apper- 
tains to  their  internal  condition,  the  same  sovereign  righis  as  the 
people  of  a  slate.  While  Congress  may  exercise  its  lewislaiion 
over  territory  so  far  as  is  necessary  to  protect  the  interests  of  the 
United  States,  the  legislation  for  the  people  should  be  exercised 
by  them,  under  the  Constitution. 

The  menial  and  physical  organization  of  man  teaches  that  he 
is  better  fitted  for  sell-gorernment  than  for  ihe  government  of  his 
neishbor;  and  il'he  is  incapable  of  discharging  this  duty  to  him- 
self, he  should  not  be  entrusted  with  the  destiny  of  others. 

That  system  of  government,  whether  temporary  or  permanent — 
whether  applied  to  States,  Provinces,  or  Territories,  is  radically 
wrong,  and  has  within  itself  all  the  elements  of  monarchical  op- 
pression, which  permits  the  representatives  of  one  community  to 
legislate  for  the  domestic  regulation  of  another  to  which  they  are 
not  responsible — which  practically  allows  New  York  and  Massa- 
chusetts, and  other  Atlantic  States,  to  give  local  laws  to  the  peo- 
ple of  Oregon,  Minesota,  and  Nebraska,  to  whom  and  whose 
interests,  wishes  and  condition  they  are  strangers. 

Nor  is  this  objection  raised  here  for  the  fir^t  time.  Prominent 
in  the  catalogue  of  grievances  alleged  by  our  lathers  against  the 
British  king  and  his  minisiey,  was  one  "for  suspending  our  own 
legislatures  and  declaring  thenoselves  invested  with  power  to  legis- 
latie  for  as/' 


<  100 


MR.  DICKINSON'S  RESOLUTIONS. 


[Wednesday, 


\Vh(^ncvpr  or  wherevnr  a  community  of  individuals  have  been 
suBjcclcd  to  the  dominion  of  some  external  authority,  it  lias  been 
upon  the  plea  of  necessity — the  same  plea  by  which  tyrants  and 
usurpers  have  justified  their  enormities  from  the  foundation  of  the 
world. 

The  genius  of  the  federative  system  is  self-government.  It  is 
the  foundation  upon  which  the  ark  of  our  political  safety  rests. 
Our  fathers  proclaimed,  that  to  secure  the  inalienable  ri;^his 
vouchsafed  to  man,  •.'overnments  were  instituted,  derivmg  their 
just  power  from  the  consent  of  the  governed;  that  whenever  any 
form  of  government  becomes  destructive  of  these  ends,  il  is  tlie 
rieht  of  "he  people  to  alter  or  to  abolish  it,  and  to  institute  a  new 
government,  layini;  its  foundation  on  such  principles,  and  org.in- 
izin;;  its  powers  in  such  form  as  to  them  shall  seem  most  likely  to 
eficet  their  safety  and  happiness.  ...  „.  „    .■ 

All  e-xpericnce  has  indicated  man's  capacity  for  the  exercise  o 
this  exalted  attribute,  and  wherever  civil./.ed  and  intell,-;en  men 
have  been  cast  together  without  the  bcncHt  of  conventional  l,,rn,s 
of  government,  they  have  proceeded  to  enact  t^liem.  il  T^^'  " 
planted  the  germ  of  a  powerful  empire  upon  the  P'^'"';,]"'^ 
before  landing  from  the  May  Flower,  drew  up  and  signed  the  lollop- 
ing model  charter  of  liberty. 


aid  cm.l  a^o«U,wnce,  ...US,  con.liuaion,.  and  office,*  irom  n„K-  to  Inon  x,  .ha  I 
ili  thoL  'It  mci.  mUl  and  convenient  lor  the  pneral  good  ol  th.;  colony;  nnlo  wh„  I, 
wc  iiromise  all  due  submis-sion  and  obedience. 

And  the  inhabitants  of  Oregon,  three  thousand  miles  distant,  in 
the  absence  of  that  guardian  care  which  Congress  has  been  wont 
to  extend  to  other  territories  nearer  the  political  centre,  established 
and  have  in  successful  operation  a  provisional  government  in  which, 
of  their  own  volition,  without  the  assistance  of  "ordinances,  pro- 
visos," or  "unalterable  fundamental  articles,"  they  prohibited  do- 
mestic slavery  throughout  the  territory. 

'I'ho  >'roat  experiment  of  .self  government  has  been  iairly  tried, 
and  ha-s^eitber  succeeded  or  failed.  If  it  has  taught  that  alter  all, 
man  by  reason  of  inherent  defects  of  character,  is  incapable  ol 
Its  successful  exercise  except  in  populous  communities  matured 
by  a'fe,  and  that  he  must  remain  in  pupilage  until  that  season 
has  arrived,  we  should  boast  no  more  that  Ihe  mysterious  prob- 
lem of  hiuiian  government  has  been  solved,  but  read  the  Declara- 
tion of  Independence  backwards  and  cause  the  clause  which  pro- 
claims that  gratifying  truth,  to  be  expunged  or  amended  by  a 
"proviso."  We  should  acknowledge  the  theory  of  free  govern- 
ment to  be  a  fable— that  the  darkness  of  the  human  intellect  has 
been  found  to  predominate,  and  that  the  gloomy  sophisms  of  the 
timid  and  the  malignant  speculations  of  the  envious  have  prevailed. 

1  have  already  shown  that  the  whole  structure  of  our  system 
favored  the  idea  of  domestic  government  by  the  people  of  territo- 
ries, that  il  was  their  right,  and  the  question  is  fully  presented, 
whether,  in  view  of  their  capacity  for  its  judicious  exercise,  it  is 
expedient  to  leave  their  internal  policy  under  the  constitution  with 
themselves.  Any  system  which  denies  this  in  theory  or  in  prac- 
tice, or  which  seeks  to  withhold  it  from  the  primary  settlements 
until  they  shall  become  populous  and  mature  States,  is  founded  in 
the  same  spirit  of  popular  distrust  by  which  the  few  have,  from  the 
earliest  history  of  man,  under  the  plea  of  necessity,  been  endea- 
voring to  restrict  the  many  in  the  exercise  of  freedom.  It  incul- 
cates\  system  of  slavery  ten  fold  more  abject  than  that  it  profess- 
es to  discountenance.  It  is  the  same  spirit  which  has  murinurcd 
its  distrust  at  the  extension  of  our  territorial  boundaries,  and  trem- 
bled for   the   per]ietuity  of  the  Union  on  the  admission   of  a  new 

Slate which  looks  upon  free  suffrage  with  consternation,  and  with 

holy  horror  upon  the  naturalization  of  tbreigner.s — which  would  it- 
sell  enslave  one  race  lest  they  should  tolerate  a  system  which  holds 
in  bondage  another.  It  is  thcoflspring  of  bigotry  and  intolerance, 
and  should  have  fulfilled  its  missirm  during  the  middle  ages.  AH 
experience  has  shown,  ihat  tens  of  thousands  in  the  sparse  .settle- 
ments are  as  competent  to  judge  of  their  own  condition,  and  arc 
as  much  ilcvoted  to  the  support  of  law  and  order,  as  are  the  hun- 
dreds of  thousands  in  populous  towns  and  cities  ;  and  that  all 
Huestions  concerning  their  domestic  policy  may  he  safely  confided 
to  them.  When  our  country  has  been  disgrai-ed  by  violence  and 
disorder,  and  disregard  of  law,  it  ha:!  been  confined  to  the  popu- 
lous towns  and  cities,  and  has  not  extended  to  the  border  settle- 
ments. Should  the  domestic  legislation  of  terril(n-ics  be  left  witli 
their  local  legislatures,  it  would  tran.sfer  from  the  halls  of  Con- 
gress the  bootless  sectional  struggles  which  have  created  bitter- 
ness at  home  and  served  to  degrade  our  institutians  in  the  eyes  of 
the  world.  Il  would  leave  local  communities,  territories,  as  well 
as  Slates,  to  consult  their  own  interests,  wishes,  anil  sense  of  pro- 
priety, and  to  erect  or  prohibit,  continue  or  abolish,  such  institu- 
tions as  may  not  be  repugnant  to  the  principles  of  the  constitu- 
tion. Il  would  leave  the  federal  government  free  to  pursue  its 
onward  course  unembarrassed  by  matters  of  scclicnial  moment  over 
which  its  control  is  (picstionable,  and  must  be  partial  and  tempn- 
rary.  Il  would  relieve  the  bencvolenl  statesman  from  I  lie  strife 
and  irritation  which  now  beset  him,  and  allow  his  energies  to  bo 
devoted  to  the  best  interests  of  the  nation,  and  the  amelioration  of 
the  condition  of  man.  It  would  harmonise  with  the  genial  spi. 
rit  of  the  constitution  and  uphold  its  symmetrical  frame  work.  Il 
would   practically   acknowledge    mans  capacity   for  scll'-govern- 


rasnt  and  vindicate  the  integrity  of  his  race.  The  same  spirit  by 
which  freeilom  is  nouriiihed,  would  be  nourished  by  it,  and  society 
ha  bound  together  by  ties  of  amity  and  interest. 

Then  would  our  territorial  soil  bo  free — not  by  restrictions,  pro- 
visions, and  the  threatening  mandates  of  federal  legislation,  but  tree 
and  sacred  to  the  cause  oi'  freedom — free  for  its  people  to  lay  tho 
foundations  of  its  government  on  such  principles,  and  organise  its 
])owcrs  in  such  form  as  to  them  shall  seem  most  likely  to  efleet 
their  safety  and  hajipiness — freedom  of  opinion,  of  the  press — of  re- 
ligion— of  education,  of  commercial  intercour.se.  Having  \indica- 
tcd  for  the  people  of  territories  the  same  rights  of  self-government 
enjoyed  by  every  other  political  community  I  forbear  to  speculate 
whether  they  will  be  less  discreet  in  its  exercise,  than  would  those 
who  desire  to  subject  them  to  tho  influences  of  an  external  govern- 
ment. 

Let  them  who  fear  to  intrust  a  free  people  with  thehr  own  do- 
mestic concerns  lest  they  should  prove  too  weak  or  wicked  to  con- 
duct them  judiciously,  resort  to  the  mistaken  and  mischievous  po- 
licy of  restrictive  legislation — a  system  founded  in  blind  and  selfish 
conceits,  and  as  impotent  in  efTcct  as  it  is  narrow  in  design.  Such 
territory  as  we  acquire  will  be  free,  and  thus  I  would  leave  its 
people,  and  its  domestic  government.  Free  as  the  people  of  New 
York  or  of  Virginia  to  lay  the  foundation  of  their  government  on 
such  principles,  and  organize  its  powers  in  such  form  as  to  them 
shall  seem  most  likely  to  efleet  their  safety  and  happiness.  If 
they  shall  fail  to  do  this,  tho  experiment  of  self-govenment  will 
fail  with  them. 

It  is  nought  to  me  how  various,  crude  or  inconsistent  are  the 
speculations  upon  the  principles  which  these  resolutions  contain, 
and  what  would  be  their  cfl'ccl  if  established.  They  stand  upon 
the  immutable  basis  of  self-government,  and  will  idtimalely  be  vin- 
dicated and  sustained  by  the  American  people  in  every  section  of 
the  Union.  But  they  will  bo  opposed  upon  grounds  as  various  as 
the  motives  by  which  the  opposition  is  induced.  This  is  already  evi- 
denced by  sections  of  tho  public  press  which  I  notice,  not  as  news- 
paper paragrajihs  merely,  but  for  the  interests  theyrep  resent.  Al- 
ready the  Charleston  Mercury  of  South  Carolina,  a  paper  of  con- 
ceded ability  and  extensive  local  uiliuenee,  declares  that  their  ef- 
fect would  be  to  prohibit  forever  slavery  in  the  acquired  territory, 
and  therefore  as  a  guardian  of  the  slave  interest,  calls  for  their  re- 
jection; and  papers  in  other  sections  which  employ  the  slave  ques- 
tion as  a  stalking  horse  to  minister  to  the  appetites  of  the  morbid 
and  alarm  the  fears  of  the  timid,  discover  in  them  not  only  the  ef- 
fect, but  the  design  to  propagate  and  extend  slaveiy.  But  I  leave 
the  theories  to  be  adjusted  by  those  who  are  thus  enabled  to  pene- 
trate the  futm'e,  and  draw  opposite  results  from  the  same  premises; 
I  leave  the  practical  tests  with  those  who  shall  be  charged  with  the 
high  responsibilities  of  their  own  government — under  our  glorious 
free  system,  under  the  constitution  it  has  framed,  and  the  Provi- 
dence which  has  watched  over  it. 

It  would  doubtless  be  well  for  these  antagonisms  who  fear  that 
all  newly  acquired  territory  maybe  pre-occupied  and  monopolised, 
cither  by  free  labor  on  the  one  hand,  or  by  slave  labor  on  the  other, 
as  the  ease  may  be,  luiless  their  favorite  ideas  are  indulged,  to 
remember  that  there  are  other  dangers,  either  real  or  imaginary, 
to  which  it  may  be  exposed  if  left  to  the  free  government  of  its 
gwn  people.  Our  institutions  invite  the  children  of  every  clime  to 
sit  down  under  the  wide-spreading  branches  of  the  tree  of  liberty, 
and  we  have  no  prohibitory,  or  even  protective  impost  duties  upon 
social  manners,  and  customs,  political  opinions,  or  religious  rites. 
It  may  be  that  the  rugged  Russian,  allured  by  the  gentle  breezes 
of  Mexico,  may  fall  down  from  his  hyjierboreon  regions  with  his 
serfdom,  and  his  military  rule — or  the  Tm-k  choose  to  regale  him- 
self there  with  his  pipes  and  mocha — his  Georgian  Houric's  sens'ual 
delights,  and  Mahometan  divinity.  Or  what  is  equally  probable, 
as  our  Pacific  possessions  jiiace  us  in  direct  communication  with 
Asia,  that  the  plains  of  Mexico  may  be  desecrated  by  the  trund- 
ling of  the  car  of  Juggernaut,  or  the  subjects  of  tho  celestial  Em- 
peror— the  brother  oT  the  sun  and  moon  may  hurry  thither  and  ruin 
all  agricultural  interests  by  converting  it  into  an  extensive  licldof 
hyson . 

But  let  those  who  entertain  them  dismiss  all  selfish  and  idle 
fears,  regard  others  as  wise,  and  as  virtuous,  and  as  capable  of 
their  own  government  as  themselves,  and  all  will  be  well.  The 
spirit  of  freedom  will  enlarge  her  own  boundaries  and  people — the 
area  in  obedience  to  laws  stronger  than  the  laws  of  Congress. 
The  rich  heritage  we  enjoy  was  won  by  the  common  blood  and 
treasure  of  the  north  and  south,  the  east  and  the  west,  and  was 
defended  and  vindicated  by  the  same,  in  the  second  war  of  inde- 
pendauce;  and  in  the  ]irescnt  war  with  a  reckless  and  semi-bar- 
barous foe  the  brave  sons  of  every  section  of  the  Union  have  fought 
and  fallen  side  by  side — tho  parelied  sands  of  Mexico  have  drank 
together  the  best  blood  of  New  York,  and  South  Carolina.  These 
recollcclions  should  renew  and  strengthen  the  tics  which  unite  the 
inembcrs  ol  tlii^  confederacy,  and  cause  them  to  spurn  all  attempts 
at  provoking  sectional  jealousies  and  irritations,  calculated  to  dis- 
turb the  harmony,  and  shake  the  stabilily  of  the  Union.  In  the 
language  of  Mr.  Jefl'erson,  they  who  indulge  ''this  treason  against 
human  hope  will  signalise  their  epoch  in  future  history  lus  the 
counterpart  of  the  model  of  their  predecessors." 

Mr.  Yl'LKK. — 1  desire  to  propo.se  a  substitute  for  the  resolu- 
lution  of  the  honorable  Senator  from  New  York.  I  do  not  intend 
going  into  a  discussion  of  the  subject  now,  but  merely  beg  leave 
to  remark,  that  while  1  feel  thankful  to  the  honorable  Senator  for 
the  spirit  of  liberality  in  which  he  has  discussed  the  subject,  I  find 
so  wide  a  variance  between  the  seutimeuts  entertained  by  the  Se- 


January  12.] 


THE  TEN  REGIMENT  BILL. 


101 


nator  and  myself,  in  respect  to  the  relation  which  the  territories 
of  this  Union,  and  the  people  inhabiting  them,  occupy  towards  the 
federal  government,  that  I  feel  bound  to  vindicate  my  own  opin- 
ions by  the  resolutions  which  I  now  offer. 

The  Secketary  then  read  the  resolutions  as  follows: 

Rcsolveil,  That  tlic  territory  bolonsiliR  to,  or  wliiili  may  be  acquired  by  Ihc  United 
States,  is  the  conmion  iirojierty  of  tlio  Union,  and  the  sovereignty  over  tlie  same  vests 
in  the  iieople  of  (he  several  Slates  comimsing  llie  Union.  ,        ,     .  ., 

Rcso/red.furtlicr,  That  the  federal  eoverninent  lias  no  delegated  authority,  nor  the 
territorial  communitv  any  inherent  ri«h>.  to  exereise  any  legislative  jjower  within  the 
said  territories,  by  which  the  equal  iij;ht  of  all  the  citizens  ol  the  United  hlales  to  ac- 
quire aud  enjoy  any  part  of  the  common  projierty,  may  be  impaired  or  emliiirrassed. 

Mr.  YULEE  moved  that  they  be  printed. 

Mr.  HALE  gave  notice  that  he  would  move  the  following,  as 
an  amendment,  at  the  proper  time  : 

Strike  out  all  after  the  word  "  Resolved,"  and  insert  the  following,  viz  : 

That  it  should  be  one  of  the  fnndamental  ndes  and  conditions  on  wliich  all  lerrilory 
hereafter  to  be  acnnired  bv  purchase,  conquest,  or  otherwise,  that  slavery  and  invol- 
untary servitude,  except  lor  the  punishment  of  crime,  whereof  the  party  shall  be  dniy 
convi;;tcd,  shall  be  forever  j.ioliibited  in  said  territory. 

On  motion  by  Mr.  CASS,  it  was 

Ordered,  That  the  resolutions  be  laid  upon  tlie  table,  and  that 
the  amendments  proposed  be  printed. 

THE   TEN    KEGIMEFT    HILL. 

The  Senate  resumed  the  consideration,  on  its  third  reading,  of 
the  bill  to  raise,  for  a  limited  time,  an  additional  miUtary  force. 

Mr.  CASS  rose  and  said: — I  can  now  furnish  the  honorable  Se- 
nator from  Delaware,  as  I  promised,  with  the  date  of  the  letter 
to  which  he  alluded  yesterday.  It  is  dated  the  18th  of  Septem- 
ber. 

Mr.  CLAYTON.— The  resolutions  of  the  Senator  from  New 
York,  (Mr.  Dickinson.)  and  the  various  propositions  for  amend- 
ino- them  which  have  liecn  presented,  by  others,  and  which  have 
been  the  subject  of  discussion  tliis  morning,  furnish  a  very  extra- 
ordinary commentary,  I  think,  sir,  on  this  war;  the  objects  to  be 
attained  by  it,  and  the  course  we  are  now  about  to  pursue.  It 
seems  to  bo  taken  for  granted  by  gentlemen,  that  we  are  to  ae- 
ouire  a  greo,t  amount' of  territory;  but  before  wc  obtain  an  acre, 
there  is  a  violent  contest  wliat  we  shall  do  with  it. 

Mr.  President: — Yesterday,  when  the  Senate  adjourned,  I  had 
adverted  to  the  sulijcct  of  the  indemnity  due  by  Mexico  for  the 
claims  of  our  citizens.  I  had  said,  what  I  maintain  now,  and 
what  I  shall  at  all  times  hereafter  maintain— that  the  just  claims 
of  ray  countrymen  against  Mexico  ought  to  be  asserted  and  su))- 
ported  in  every  suitable  and  proper  manner.  But  I  did  not  then 
state  what  I  think  it  right  to  state  now,  in  order  to  prevent  any 
error  in  the  public  mind- that  the  amount  of  those  elamis  has  been 
crreatly  overrated.  There  has  been  an  erroneous  impression  in 
regard  to  their  amount,  and  I  will  state  what  I  believe  to  be  that 
amount,  subject,  of  course,  to  be  corrected,  if  in  error,  by  gentle- 
men who  may  follow  me  in  the  debate. 

I  understand  that  the  whole  amount  of  claims  presented  to  the 
Commissioners  was  $6,291,605  dollars.  Of  this  sum,  $2,260,140 
were  allowed  by  the  Commissioners  on  the  part  of  Mexico,  and  ths 
Mexican  government  was  providing  to  pay  that  amount  without 
any  controversy  as  to  its  justice  at  the  time  when  the  war  broke 
out.  It  appears,  then,  that  there  was  a  sum  of  $928,628  claimed 
by  the  citizens  of  the  United  States,  which  was  disallowed  by  the 
Mexican  Commissioners.  This  was  subject  to  controversy;  and 
whether  our  claim  for  that  amount  was  right  or  wrong,  remains 
to  be  decided  by  the  Commission  appointed  by  both  governments. 
Of  the  claims  of  our  citizens,  $3,330,837  had  not  been  examined 
by  the  Commissioners.  I  make  this  slatement,  as  I  have  said,  in 
•order  to  prevent  an  erroneous  impression  in  regnrd  to  the  amount 
ol  these  claims. 

lis  seat). — Mr.  Trist  was  authorised  to 


Mr  WEBSTER  (in 
claim  $3,000,000. 

Mr.  CLAYTON.— It  is  true  that  Mr.  Trist  was  authorised  1o 
nerrotiate,  on  the  ground  that  the  whole  sum  due  to  us  in  the  ag- 
gregate was  three  millions.  It  will  not  bo  contended,  I  presume, 
that  we  went  to  war  for  the  recovery  of  this  elaiin.  I  have  not 
heard  that  the  true  object  of  the  war  was  the  recovery  of  this  mo- 
ney. Other  causes  were  alleged  for  the  war  in  which  we  were 
involved,  on  the  13th  of  May,  1846.  The  great  cause  assigned  by 
the  President  for  the  war  at  that  time  was,  that  American  blood 
had  been  shed  upon  American  soil.  I  do  not  propose  to  go  into 
the  discussion  of  the  question  at  this  time,  whether  that  assertion 
was  or  was  not  true.  There  arc  other  matters  which  invite  my 
consideration,  and  to  which  I  think  it  important  to  call  the  atten- 
tion of  the  Senate.  But  I  desire,  sir,  in  the  progress  of  this  dis- 
cussion, to  have  it  distinctly  understood,  as  far  as  I  am  concerned, 
that  I  have  been  always  ready  and  anxious  to  vindicate  the  honest 
claims  of  my  countrymen  upon  Mexico,  and  that  neither  by  the 
votes  which  I  am  about  to  give  upon  these  bills,  nor  by  any  voto 
which  I  shall  in  future  be  called  onto  give  in  reference  to  this  war, 
do  I  desire  it  to  be  understood  that  I  am  denying  the  justice  of  the 


fair  claims  of  the  citizens  of  this  country  upon  Mexico  for  indem- 
nity. What  I  meant  to  say  yesterday  and  mean  to  repeat  to-day, 
is,  that  the  amount  of  these  claims  was  small  compared  to  the  va- 
lue of  the  enormous  quantity  of  teiTitory,  which  the  President  de- 
clares shall  be  ceded  by  Mexico  to  us  before  there  can  be  a  just  and 
honorable  peace  between  the  two  countries.  It  has  been  said  that 
the  proposition  was  made  by  the  American  Commissioner  to  give 
them  twenty  millions  of  dollars  for  the  territory  required  to  be  cc- 
ded.  I  know  not  from  any  odieial  information,  how  the  Presi- 
dent estimates  the  difference  between  the  claims  of  our  citizens 
and  the  value  of  tite  land  which  he  intends  to  demand  of  Mexico 
at  the  cannon's  mouth. 

The  honorable  Chaii'man  of  the  Committee  on  Military  Affairs 
tells  me  to-day  that  he  has  ascertained  the  date  of  the  letter  from 
General  Scott  to  our  government,  in  wliich  the  suggestion  is  made, 
that  in  a  certain  event  more  troops  will  be  necessary  to  be  addetl 
to  the  army.     That  letter,  he  says,  is  dated  so  far  back  as  the  18th 
of  September,  and  I  suppose  the  extract  he  has  read  from  it  is  no- 
thing more  than  the  suppressed  part  of  the  General's  oflicial  letter 
of  that  date,  in  which  he  recounts  his  victories.     It  is  the  part  of 
that  letter  marked  by  the  asterisks  I  suppose.     It  is  clear,  then, 
from  the  statement  of  the  honorable  Chau-man  of  the  Committee 
on  Military  Affairs,  that  General  Scott  has  never  recommended  to 
the   administration  of  this   country,  or  to  any  department  of  this 
government,   the  passage  of  these   bills  to  raise  thirty  more  regi- 
ments for  the  war.  He  has  made  no  such  proposition — upon  his  head 
none  of  the  responsibility  of  these  measures  can  rest.  It  must  rest  on 
the  heads  of  those  who  have  suggested  it.     Although  the  President 
has  generally  recommended    in   his   message  an   increase   of  the 
army,  he  has  not   told  us   how   many  regulars,   how  many  volun- 
teers, or   how   many  troops   of  all  kinds  should  be  addecl    to  the 
army.     Sir,  General  Scott   has  never  desired   such  an  increase  of 
the  forces  in  Mexico,  nor  can  he  now  desire  it.     It  could  only  em- 
barrass and  distract  him  in  his  position  at  present,  however  useful 
such  an  addition  might  have  been  before  he  left  Vera  Cruz,   and 
penetrated  into  the  interior  of  Mexico.     At  this  time  these  meas- 
ures would  add  30,000  more  mouths  to  be  fed  in  Mexico.     Sir,  it 
is  not  consistent  with  the  known  character  of  this  great  captain  to 
ask  for  more  troops  than   can  be  usefully  employed  in  tlie  service 
of  the  country.     Before  he  left  this  place   for  Mexico,  in   conver- 
sation with  him,  I  observed  to  him,  that  when  he  arrived  in  Mexi- 
co he    would   meet  a  very  formidable   enemy,  and  that   he  might 
perchance  be  defeated   in    the    uillicult   mountain   passes  of  that 
country;    he  smiled,  and  replied  to  my  observation  :  "Sir,  give  mo 
a  eohimn — a  granite  column  of   American  regulars,   consisting  of 
4,000  or  5,000  men,  and  I  will  whip  any  Mexican   army  that  eau 
bo  brought  into  the  field,  if  it  should  rain  Mexicans  lor  a  week." 
That  was   the  fixed  deliberate  opinion  of  that  distinguished  com- 
mander at  that  time.     Well,  sir,  when  he  was  fighting  the  battles 
of   Contreras,  Churubusco,    Chepultepec,   and    Molina  del    Rev, 
it  really  seemed  as  if  it  did  rain  Mexicans  for  about  a  week.     Biit 
he  really  vindicated  the  opinion  he  gave  of  the  prowess  of  Ameri- 
can soldiers  by  the  brilliant   victories   which   he    gained    in  those 
ever   memorable  and  glorious   battles.     He   entered   the    city  of 
Mexico,  as  he  tolls  you,  with  an  army  of  less  than  6,000  men. 

Let  us  look  a  little  into  the  history  of  this  most  extraordinary 
campaign,  after  General  Scott  departed  with  his  gallant  little 
army  from  Vera  Cruz,  and  led  it  into  the  interior  of  the  enemy's 
country.  Let  us  see  the  comparative  amount  of  the  American  and 
Mexican  forces  that  were  engaged  in  those  battles  which  were 
fought  previous  to  the  entry  of  the  American  army  into  the  city  of 
Mexico.  It  will  show  us  that  there  is  no  necessity  whatever  for 
such  an  increased  force  to  be  added  to  the  army  of  the  United 
States. 

The  first  great  battle  after  the  capture  of  Vera  Cruz  was  that 
of  Cerro  Gordo. 

The  commanding  General,  in  his  despatch  to  the  Secretary  of 
War,  says: 

"Our  whole  force  present,  in  action  and  in  reserve,  was  8,500;  the  enemy  is  esti- 
mated at  12,(H10,  or  more.  About  3,000  prisoners,  4  or  i>,000  stands  of  anns,  and  -13 
pieces  of  artillery  were  taken.  By  the  accompanying  return,  I  regret  to  tind  'our  loss 
more  severe  than  at  tirst  supposed,  amounting  in  the  two  days  to  ,33  otficers  and  398 
men — in  all  431 ,  of  whom  03  were  killeil.  The  enemy' s  loss  is  com  puted  to  lie  from 
1,000  to  1,300." 

Of  the  next  battle,  sir,  in  which  our  army  was  engaged  against 
the  Mexicans,  the  General  speaks  in  his  despatch  of  the  18th  Sep- 
tember, from  which  I  read  the  following  extract: 

"This  army  has  been  more  disgusted  than  surprised  that,  by  some  sinister  process  on 
the  part  of  certain  individuals  at  home,  its  numbers  have  been,  generally,  almost 
trebled  in  our  public  papers — beginning  at  \Vashington. 

"Leaving,  as  we  all  feared,  inadequate  garrisons  at  Vera  Cruz,  Perote.  and  Peubia — 
with  much  larger  hospitals;  and  being  obliged,  most  reluctantly,  from  the  same  cause, 
(general  paucity  of  nnmliers)  to  abandon  Jalapa,  we  marched  fAugnst  7-10]  from 
Pucbla  with  ouly  10,7."J8  rank  and  tile.  This  nu  mber  includes  the  garrison  of  Jalapa, 
and  the  i!,4iJ0  men  brought  np  by  Brigadier  General  Pierce,  August  li. 

.\t  Contreras,  Churnbnsco,  &:c-,  [August  30.]  we  had  lilt  t'.407  men  engaged — 
after  deducting  the  garrison  of  Angustin.  (our  general  depot,)  the  intermedi.-it-,  sick 
and  the  dead;  at  the  Molinos  del  Rev  f??eptember  8]  but  three  brigadt^.  with  some 
cavalry  and  artillerj — making  in  all  3.'2^]  men — were  in  the  battle;  ifi  the  two  days — 
September  12  and  13 — our  whole  operating  force,  after  deducting,  again,  the  recent 
killed,  wounded,  and  sick,  together  with  the  garrison  of  Mixcoac  (the  then  geoeral  de- 
pot) and  that  of  T.acubaya.  was  but  7,180;  and,  finally,  after  deducting  the  new  gar- 
rison of"  ChepuJtepec,  witli  the  killed  and  wounded  of  the  two  days,  we  took  posses- 
sion [September  141  of  this  great  capital  with  less  than  6,000  men!  And  1  reassert, 
upon  accumulate<i  and  nuriucstionable  evidence,  Uiat,  in  not  one  of  those  conflicts, 
was  this  army  opposed  by  lewer  tliau  three  and  a  half  times  its  numbers — in  seveiaj 
of  them,  by  a  vet  greater  excess.  ^ 

"On  the'other  hand.  Uiis  small  force  has  beaten  on  the  same  occasions,  in  view  of 
their  capital,  the  whole  IMexicau  arms,  of  (at  the  beginning)  thirty  odd  thousand 
men — posted,  always,  in  chosen  positions,  behind  entrenchments,  or  more  formidable 


102 


THE  TEN  REGIMENT  BILL. 


[Wednesday, 


(Icienres  of  nature  and  art;  killed  or  wounded,  of  thai  number,  more  tlian  7.000  olfi- 
rers  and  men:  taken  :i.730  prLSoners,  one-seventh  officers,  ineludini;  Kt  generals  of 
whom  3  had  lieen  presidents  of  this  renublie;  eaptored  more  than  '.iti  i-olors  and  stand- 
ards. 7.3  pieces  of  ordnance,  besides  57  wall'piece>,  .30,1)00  small  anus,  an  immense 
quantity  of  shots,  shells,  iwwiler.  &e.  &c. 

"Of  that  eiiemv.  once  so  formitlable  in  nnmbeis,  appointments,  artillery.  Kc..  JO 
odd  thousand  have  disbanded  Uiem-elves  in  ih-spair.  leaving,  as  is  known,  not  more 
than  ttiree  fra^'ments^— the  largest  about  2.500— now  wauderinfr  in  ditferent  directions 
without  magazines  or  a  mililarv  chest,  and  living  at  fnx-  (luarters  u|K>n  their  own  peo- 
ple. <  *  *  The  government  will  liud  ilself  without  resources;  no  army,  no 
arsenals,  no  mafTizines,  and  but  little  revenue,  internal  or  exterud.  i?tUl  such  is  the 
obsUnacy,  or  rather  infatuation,  of  tliis  people,  that  it  U  very  doubtful  whether  the 
iieiv  aotltotitScs  will  date  to  sue  for  |>eacc  00  the  terras  which,  in  tlie  recent  negotia 
lions,  were  known  by  our  minister." 

This  official  report  fully  sustains  the  statement  made  liy  the  So- 
nator  from  Kenttiekv.  who  declared,  that  in  his  opinion,  Mexico 
was  now  to  be  considered  and  treated  as  a  conquered  country.— 
Their  army  is  utterly  broken  up  and  annihilated;  their  revenues 
are  destroyed;  the  real  government  of  Mexico  is  almost  annihila- 
ted, and  it  is  under  these  extraordinary  circumstances  I  hat  we  are 
caUed  upon,  witli  an  admitted  army  of  nearly  70,000  men,  and  witli 
4.7,000  actually  in  Mexico,  to  vote  30,000  more  troops  to  be  .sent 
to  that  country  by  the  President,  fo>-  the  purpose  of  set-tinng  what 
he  calls  "indemnity  for  the  past,"  and  "security  lor  the  jutm-o. 
What  that  cant  phrase  means  I  do  not  exactly  understand;  but,  1 
have  been  told  by  an  in<;enious  friend,  that  indemnity  lor  the  past, 
means  the  half  of  Mexico,  and  security  for  the  future,  the  other 
half.  If  this,  sir,  be  the  riu'ht  interpretation  ol  these  terms,  then 
I  unhesitatinn-ly  say  to  my  friends  on  the  other  side,  that  I  am  ut- 
terlv  opposetFto  addiniz  indemnity  for  the  past  and  security  for  the 
fiitit'rc  I  am  callcil  upon  to  vote  these  troops  lor  the  purpose  of 
securi/i"  a  cession  of  the  country  which  the  President  has  express- 
ly set  forth  in  his  message.  Neither  the  commander-in-chief  ol 
the  army,  nor  Genera!  Taylor,  (whose  great  name  must  always 
be  associated  with  whatever  relates  to  this  war,)  appears  to  have 
been  consulted.  I  do  not  believe  that  that  gallant  old  "Mexican 
Whi"."  Zachary  Taylor,  after  having  beaten  Santa  Anna  with  an 
army  of  less  than  one-fourth  the  number  of  that  which  was  arrayed 
against  him,  has  ever  asked  for  more  forces  for  the  purpose  of  de- 
fending himself  ajrainst  the  wretched  bands  of  gueriUeros  which  in- 
fest the  country  where  his  forces  are  encamped.  No  sir,  practical 
men  have  not  recommended  this  addition.  The  recommendation 
comes  from  the  Executive  here.  It  comes  from  men  who  fought 
battles  on  paper  at  home,  from  men  who  never 

"set  a  squadron  in  the  field, 

Nor  the  division  of  a  battle  know,        -  :  t 

More  than  a  spinster."  > 

Mr.  President,  in  the  very  outset  of  the  inquiry  to  which  our 
minds  arc  directed  when  we  are  called  on  to  vote  upon  these  bills, 
we  are  met  by  the  tiuestion— which  I  beg  leave,  most  respectfully, 
to  suggest  to  gentlemen  on  the  other  sitle  of  the  Chamber — whe- 
ther This  government  was  formed  for  the  purpose  of  acquiring, 
foreign  territory  by  conquest  or  rapine;  and,  whether  it  be  in  the 
true  constitutional  competency  of  Congress  to  wage  war  for  the 
purpose  of  acquiring  territory  by  conquest.  I  deny  it,  sir.  I  hold 
this  government  to  be  a  government  of  specific  and  delegated  pow- 
ers, and  I  do  not  lind  it  enumerated  anywhere,  either  by  express 
words  or  necessary  impheation,  that  any  such  power  as  that  was 
ever  ceded  to  this  government.  The  Preamble  to  the  Constitution 
expresses  the  purpo.ses  for  which  this  government  was  formed,  "to 
form  a  more  perfect  union,  establish  justice,  ensure  domestic  tran- 
quility, provide  for  the  common  defence,  promote  the  general  wel- 
fare, and  secure  the  blessings  of  liberty  to  oiurselves  and  our  pos- 
terity." They  were  not  to  en.sure  the  blessings  of  liberty  to  any 
other  than  the  American  people.  The  object  was  to  establish 
justice,  not  to  perpetrate  injustice  and  robbery  by  indulging  a  love 
of  plunder  and  a  thirst  for  conquest  or  territorial  aggrandizement. 
These  were  not  the  objects  for  wliich  the  fathers  of  the  republic 
met  and  established  the  American  Constitution.  No  sir.'  no  sir! 
They  have  specified  the  objects  for  which  they  made  that  Consli- 
tiilion.  Among  those  which  arc  enumerated,  I  do  not  find  any 
such  power,  and  I  cannot  see  how  it  can  be  pretended  that  this 
government  was  formed  for  the  purpose  of  aciiuiring  territory  by 
conquest.  The  spirit  of  our  Constitution  is  pacific,  not  warlike — 
defensive,  not  asgressivc.  It  is  for  the  "estabhshmcnt  of  justice," 
not  for  aimrandizcment  or  plunder, 

Bui,  sir,  wo  are  rapidly  .-ipproaching  that  state  of  things  which 
will  make  the  conquest  and  annexation  of  all  Mexico  inevitable; 
and  these  bills  are  a  part  of  the  process  by  which,  if  they  become 
laws,  we  shall,  in  my  bumble  judgment,  be  driven  to  this  resull. 
These  bills  )iropose  a  reduplication  of  this  mighty  mass  of  30,000 
men,  composing  our  armv  now  in  Mexico. 

The  measure  brings  with  it  imminent  peril  to  our  own  institu- 
tions. You  may  say  to  me  now,  as  the  honorable  Chairman  of 
the  Committee  on  Military  Atl'airs  said  when  lie  introduced  this 
bill,  that  no  such  purpose  as  that  of  the  annexation  of  all  Mexico 
is  contemplated  by  anybody.  Although  I  thought  he  was  right 
when  he  made  that  declaration,  1  have  since  been  convinced  that 
he  was  under  a  very  great  error.  We  have  now  before  us  a  reso- 
lution od'crcd  by  an  honorable  Senator,  deehirinL'  that  it  may 
become  necessary  and  proper,  and  ihat  it  is  constitutional  to  an- 
nex the  whole  of  Mexico  to  this  country — either  as  a  part  of  the 
States,  or  as  a  province. 

Why,  sir,  what  have  you  seen  lately  in  the  public  prints, 
from  all  parts  of  the  country — from  New  Orleans  lo  New  York? 
Sir,  I  have  cut  from  a  newspaper  published  in  the  city  of  New 
York  a  brief  extract  which  I  will  read.     A  writer  cominonting 


on  the  speech  delivered  by  the  Honorable  Senator  from  South 
Carolina,  makes  these  observations: 

"Our  schoolmastere.  our  tin  peddlare.  our  country  lawyers,  onr  missionaries,  our 
printers,  our  mechanics  and  our  farmers,  are  already  there.  There  the  bulk  will  stay. 
Does  Mr.  Calhoun,  or  Mr.  Polk,  mean  to  give  a  bill  of  sale  of  these  men,  with  their 
industrv,  their  intelligence,  and  their  lives,  to  a  weak,  sickly,  unedncatetl,  dismember- 
ed, patched  op  .Mexican  Oovemmcut?  Such  a  one  as  will  be  left  after  the  slice,  which 
all  admit  must  (at  all  events,)  be  taken  off  from  it?  We  doubt  their  right  thus  to 
transfer  or  even  abandon  American  citizens.  No,  tliey  must  be  [irotected,  and  shel- 
tered, and  governed." 

Yes,  sir,  these  adventurers  who  have  gone  down  with  your  army, 
constituting  as  they  will  with  the  increased  forces  which  you  pro- 
pose to  send  to  Mexico,  an  armed  emigration  to  take  possession 
and  colonise  the  country,  with  the  bayonet,  will  claim  hereafter 
that  you  are  bound  to  "shelter  and  protect  them."  They  will  de- 
mantJ  it  on  the  ground  that  they  are  American  citizens;  they  will 
say  that  you  placed  them  there,  that  you  encouraged  them  to  go 
there  and  that  you  are  now  bound  to  protect  them.  A  gentleman 
said  to  me  the  other  day,  and  I  confess  I  was  not  a  little  aston- 
ished at  the  statement;  that  there  are  not  less  than  fifty  thousand 
of  these  emigrants,  in  various  parts  of  Mexico,  not  directly  con- 
nected with  our  ariny.  Sir,  I  ask  the  attention,  and  the  serious 
attention  of  every  gentleman  on  this  floor  to  these  facts;  we  arc 
about  to  send  to  Mexico  an  armed  emigration,  and  when  we 
get  them  there,  how  shall  we  get  them  away?  Do  you  not 
see  from  the  pubhc  papers,  already,  that  some  of  those  who  are 
in  the  city  of  Mexico,  (I  do  not  refer  to  the  army,)  are  proposing 
a  permanent  occupation  of  the  country?  If  a  statement  in  the 
Government  paper,  published  this  day,  in  this  place,  be  correct, 
it  is  proposed  by  those  who  are  now  in  the  Halls  of  the  Montezu- 
mas,  that  a  rail  road  shall  be  constructed  to  Vera  Cruz,  and  a 
magnetic  telegraph  to  Tampico.  Now  go  on  for  a  few  years  more 
in  this  way,  and  you  may  then  legislate  as  much  as  you  please; 
but  )-ou  can  never  legislate  them  all  back.  They  will  knock  at 
the  doors  of  your  Union  for  admission,  and  you  caimot  keep  them 
out.  Is  any  one,  I  ask,  in  favor  of  such  a  state  of  things?  If 
there  be  any  who  are  in  favor  of  it,  I  wish  to  hear  them  now;  for 
one,  I  take  my  stand  against  it.  I  think  there  is  wisdom  in  the 
proposition  of  the  honorable  Senator  from  South  Carolina,  that  we 
should  now  erect  a  landmark  for  ourselves,  by  which  we  shall  be 
governed  hereafter. 

What  will  be  the  consequence  of  the  annexation  of  twenty  Mex 
ican  States,  or  the  great  mass  of  them,  to  the  American  Union  ? 
Of  all  men  in  the  United  States  the  most  interested  in  making  this 
inquiry  solemnly,  and  exarauiing  it  patiently  and  carefully,  are 
the  gentlemen  of  the  South.  There  are  not  less  than  eight  mill- 
ions of  human  beings,  men,  women  and  children,  of  a  r,tce  totally 
different  from  ourselves — a  colored  population,  having  no  feelings 
in  common  with  us — no  prejudices  like  ours — but  on  the  contrary, 
with  prejudices  directly  the  antipodes  of  all  of  ours;  and  especially 
bigoted  on  this  very  subject  of  slavery. 

Do  you  suppose  that  if  you  annex  lo  the  American  Union  these 
eight  millions  of  people,  backed  by  the  millions  of  colored  men  in 
this  country,  they  will  remain  idle  spectators  of  the  proceedings 
of  this  government,  stimulated  as  they  will  be  by  abolitionists  of 
the  most  fanatical  east  ?  What,  then,  must  become  of  that  pecu- 
liar institution  of  ours,  which  has  existed  for  so  many  years  in 
this  country  ?  You  answer  me  that  you  will  not  suffer  that  insti- 
tution to  be  disturbed.  The  honorable  Senator  from  Maryland 
said,  you  will  not  sttfler  the  right  to  hold  colored  men  in  slavery  to 
be  discussed.  No,  sir;  but  how  will  you  prevent  it  when  these 
men  shall  have  been  admitted  into  the  American  Union,  and 
these  Mexican  States  shall  have  become  American  States?  You 
will  be  voted  down.  Your  institutions  will  be  voted  down,  and 
you  may,  and  probably  will  rend  the  Union  to  atoms !  These  arc 
the  legitimate  results  of  your  annexation  of  all  Mexico,  and  you 
may  as  well  take  the  opportunity  to  meet  thera  at  once.  If  you 
do  not  fear  such  a  result,  vote  your  armed  emigration;  but  if  you 
believe  that  it  will  lead  to  this,  pause  with  me  and  arrest  these 
proceedings  now. 

My  honorable  friend  from  Maryland,  in  the  progress  of  the  dis- 
cussion alluded  to  the  revenues  of  Mexico,  and  said  that  he  ihougjit 
the  American  army,  might  be  hereaflcr  supported  out  of  the  Mex- 
ican revenues.  I  do  not  propose  to  discuss  the  financial  questions 
connected  with  this  bill  at  length  though  I  do  invoke  the  serious 
attention  of  the  American  Senate,  as  an  honorable  Senator  has  al- 
ready done,  to  the  crisis  which  must  be  produced  by  adding  twenty 
or  thirty  millions  annually  to  our  already  enormous  expenses, 
these  expenses  which  we  can  now  escape  and  are  hound  to  incur. 
I  sav  bound,  because  I  wish  it  to  be  understood  that  I  mean  to 
vote  supplies,  and  I  take  it  for  granted  that  others  are  equally  re- 
solved to  vote  them  for  our  army  in  jNIexico  as  long  as  that  army 
remains  there.  I  intend  as  far  as  my  vote  will  go,  to  vole  the 
munitions  of  war,  the  clothing  for  the  troops,  and  for  every 
thing  as  far  as  may  bo  necessary  to  sustain  the  honor  of  the  Amer- 
ican army  in  a  foreign  country.  But  there  I  stop;  iind  I  say,  with 
the  forces  which  you  havo  there  and  the  twonly  tlionsantl  men 
which  you  have  a  right  now  by  law  to  recruit,  your  further  progress 
ill  arming  the  people  for  this  war  shall  be  arreted  so  tar  as  my  vote 
will  go  to  assist  it.  Should  any  real  danger  lo  our  army  ever  require 
more  men,  I  would  grant  them,  hut  now  it  is  evident  that  you  have  no 
o(;casion  for  any  more  troops  for  any  legitimate  purpose  of  the  war. 
Looking  to  the  financial  question;  the  honorable  Senator  from 
Maryland,  observed  that  ho  thought  wo  should  not  encounter  any 
difficulty  in  sustaining  the  army  in  Mexico,  because  he  thought  the 
revenues  of  Mexico  would  be  sufficient  for  that  purpose.     Sir  I 


January  12.] 


THE  TEN  REGIMENT  BILL. 


103 


beg  to  take  issue  with  him  upon  this  point.  The  whole  revenue 
of  Mexico,  as  he  said,  was  but  twenty  one  million  dollars,  when 
in  her  best  and  palmiest  state.  It  is  now,  as  General  Scott 
tells  you,  almost  annihilated;  he,  who  has  the  best  means  of  know- 
in",  gives  you  tliis  information.  But  supjiose  the  revenue  to  be 
twenty  one  million  of  dollars,  would  that  be  sullicient  to  support 
an  army  of  70,000  men?  Sir,  if  you  look  at  the  otlicial  documents 
which  have  been  sent  to  us  by  the  Secretary  of  War,  you  will  see 
that  it  will  be  entirely  inadequate  to  defray  half  the  enormous  ex- 
penses t(i  which  we  should  be  subjected.  But  what  is  meant  by 
the  honoi'able  Senator  from  Maryland?  Does  he  desire  to  take 
every  dollar  from  Mexico,  and  prevent  her  from  supporting  any 
government?  What  policy  would  there  be  in  that?  VVe  want  to 
treat  with  the  govermnent  of  Mexico,  yet  wo  drive  that  govern- 
ment from  time  to  time — keeping  them  as  has  been  said,  ''in  per- 
petual motion."  We  drive  them  continually  from  jilaee  to  place, 
and  yet  we  e.xpect  to  treat  with  a  government  thus  in  motion,  and 
from  which  we  have  taken  every  dollar  of  its  revemie.  Is  there 
wisdom  in  this?  Is  it  not  in  fact  an  effectual  obstruction  to  the 
obtaining  any  treaty?  It  must  end  in  the  utter  annihilation  of  the 
sovereignty  and  independence  of  that  nation.  You  will  have  a 
mass  of  population  scattered  over  an  immense  region  without  a 
government,  because  you  will  not  permit  them  to  have  one,  and 
yet  you  expect  to  obtain  a  treaty  of  peace!  You  are  to  beat  them, 
drive  them,  shoot  them,  and  in  every  way  punish  them;  and  you 
say  you  are  to  do  it  for  the  purpose  of  procuring  an  honorable 
peace.  Now,  sir,  I  have  nothing  to  do  with  the  question  of  human- 
ity as  involved  in  this  matter,  but  I  put  it  again  to  honorable  Sen- 
ators on  the  other  side,  is  this  good  policy?  Is  it  expedient?  Are 
you  rescdved  never  to  permit  Mexico  to  have  a  government  that 
can  treat  with  you?  If  you  send  down  thirty  thousand  more  men, 
what  these  bills  call  for,  it  is  in  vain  to  say  that  there  can  be  an 
independent  government  in  Mexico. 

In  reference  to  the  suggestion,  sir,  which  held  out  the  idea  that 
Mexico  can  be  annexed  to  this  country  as  a  province,  I  wish  to 
say  but  a  very  few  words.  I  think  that  evei-y  statesman  who  re- 
flects on  the  subject,  will  agi-ee  with  me  that  it  is  utterly  impossi- 
ble for  us  long  to  hold  that  or  any  other  country  as  a  province.  If 
you  annex  it  to  the  American  jRepublic  in  any  fonn  its  final  des- 
Imy  is  fixed  and  certain.  Your  own  institutions,  your  sense  of 
justice,  your  love  of  the  great  principle  of  human  liberty,  will 
compel  you  to  admit  them  finally  hito  the  Union.  Hold  it  as  a 
province  like  one  of  the  despotic  governments  of  Europe  !  Hold 
a  country  which  was  once  a  republic,  sir,  as  a  province,  enslaved, 
and  enslaved  by  a  sister  republic  !  It  is  vain,  the  idea  is  altoge- 
ther impracticable.  It  cannot  be  entertained  by  an  American 
statesman  for  a  moment.  Depend  upon  it,  sir,  you  cannot  evade 
the  great  question.  Now  is  the  time  to  say  whether  you  will  ad- 
mit Mexico  into  the  American  Union  or  not. 

I  do  not  propose,  Mr.  President,  to  review  the  ground  which 
was  so  ably  taken  by  the  honorable  Senator  from  Kentucky,  who 
pri^ceded  me  in  the  debate  in  reference  to  the  existing  army  in  the 
field,  the  number  of  troops  in  Mexico  and  their  sufficiency  for  all 
legitimate  purposes  m  this  war.  I  have  here  the  report  of  the 
Adjutant  General,  and  I  presume  that  every  honorable  Senator  has 
had  the  report  upon  his  table.  It  appears  by  it  (and  I  will  barely 
read  one  or  two  extracts  for  the  purpose  of  confirming  what  has 
been  stated  already)  that  the  aggregate  regular  and  volunteer  for- 
ces in  Mexico,  independent  of  the  Michigan  regiment  and  the  Al- 
abama and  Mississippi  troops  which  have  not  gone  to  Mexico, 
amount  to  forty-three  thousand,  five  hundred  and  thirty-six  men. 
The  Michigan,  Alabama,  and  Mississippi  troops  will  raise  the 
number  above  4.5,000  men.  There  was  great  propriety,  I  think, 
in  the  suggestion  of  the  Senator  from  Kentuck}-,  to  add  to  the  num- 
ber (45,000  men)  the  five  thousand  sailors  and  marines  now  in 
Mexico,  to  ascertain  the  entire  elfective  force  now  in  Mexico. 

There  are  then,  sir,  by  a  fair  calculation,  already  50,000  men 
in  Mexico.  According  to  the  letter  which  was  read  by  the  Iwnor- 
able  Chairman  of  the  Committee  on  Military  Aflairs,  General 
Scott  considered  that  force  sufficient,  not  only  for  the  Icgituuate 
purposes  of  the  war,  but  also  for  holding  all  the  Capitals  of  all  the 
States  of  the  Mexican  Confederation,  all  its  provinces,  towns,  and 
fortified  places  ;  for  the  purpose  also  of  seizing  all  the  revenues 
of  the  nation ,  and  of  driving  the  Central  Government  from  place  to 
place,  "keeping  it  in  constant  motion;"  in  other  words,  that  the 
force  was  sufiicient,  according  to  the  judgment  of  the  Command- 
ing General,  to  annihilate  the  sovereignty  of  Mexico.  Why  then 
do  you  want  more?  On  what  ground  do  you  base  the  requisition 
for  30,000  additional  troops,  when  you  have  already  a  force  ade- 
quate ,  according  to  the  Commanding  General ,  for  the  subjugation 
of  the  whole  country?  If  you  send  these  30,000  additional  troops 
there,  you  will  have  30,000  additional  mouths  to  feed,  greatly  in- 
creasing the  difficulties  of  the  Commander-in-chief  in  the  field,  if 
not  rendering  them  absolutely  insuperable.  You  will  thus  raise 
the  price  of  supplies  by  increasing  the  demand  for  them.  At  the 
same  lime,  your  army  being  inactive,  occupying  the  garrison  towns 
and  fortified  places  of  Mexico,  you  incur  all  the  hazard  of  mutiny 
and  insubordination  in  that  immense  mass  of  men,  a  great  por- 
tion of  them  being  kept  in  the  great  Capital  of  that  Republic,  and 
the  others,  difi'uscd  and  scattered  among  the  principal  towns. 
Reflect,  sir,  on  the  ditticulties  which  must  inevitably  surround  an 
army  in  such  eirciuastances;  the  danger  not  merely  from  disease 
and  the  climate,  but  from  that  military  insubordination  into  which 
they  would  be  so  likely  to  fall,  when  they  have  no  enemy  to  en- 
counter in  the  field.  As  to  the  idea  of  fighting  any  more  battles  in 
Mexico,  that  I  hold  to  be   perfectly  preposterous.     Battles  with 


whom?  A  single  regiment,  sir,  of  volunteers,  would  be  sufficient, 
at  this  very  moment,  to  defeat  any  Mexican  forces  that  could,  prob- 
ably, be  brought  into  the  field.  Who  is  there  in  Mexico  that  has 
under  him,  or  has  the  least  expectation  of  having  under  him,  any 
considerable  Mexican  force?  No  one.  Santa  Anna  has  «.  few 
guerillas  under  him,  assassins  and  cut-throats;  but  thev,  like  as- 
sassins and  cut-throats  in  other  parts  of  the  world,  are  fleeing 
before  our  regular  forces,  and  dare  not  face  them,  and  never  will 
dare  face  any  army  there. 

I  conclude,  then,  Mr.  President,  that  if  a  case  could  possibly  be 
slated  in  which  an  American  Congress  would  be  justified  in  with- 
holding its  consent  to  an  Executive  application  for  more  troops, 
that  case  is  now  before  us.  There  are  some  individuals  who  seem 
to  think  that  no  possible  emergency  can  arise  in  which  a  patriotic 
statesman  can  withhold  his  vote  for  furnishing  supplies  of  men  or 
money  during  a  state  of  war.  With  all  such  persons  I  beg  most 
respectfully  to  differ;  and  I  am  quite  willing,  if  gentlemen  desire, 
to  measure  patriotism  with  them  on  this  very  question.  We  are  pla- 
ced here  as  guardians,  in  some  sense,  of  the  lives  of  the  American 
people,  and  from  our  age — as  there  are  many  gray  heads  to  be  seen 
m  this  chamber;  it  is  expected  of  us  that,  as  men  in  whom  the  "hey- 
day of  the  blood  is  gone,  and  waits  upon  the  judgment,"  we  shall  re- 
strain the  impulses  which  prompt  men  to  rush  to  every  battle- 
field when  there  is  no  occasion  whatever  for  their  services. 

Sir,  is  it  indeed  true  that  a  man  cannot  vote  against  a  bUl  to 
send  additional  troops  into  the  field,  unless  he  be  as  some  say,  a 
Mexican  Whig,  or  at  heart  an  enemy  to  his  country?  No  such 
assertion  as  that  was  made  by  my  honorable  friend  from  Mary- 
land, (Mr.  Johnson);  but  just  the  reverse.  He  did  justice  to 
the  motives  of  those  who  vote  against  the  measure.  But  such 
language  I  have  heard  from  the  lips  of  others,  and  never  without 
despising  it  and  its  authors.  I  shall  vote,  I  trust,  from  a  high 
sense  of  public  duty,  and  I  say  that  in  this  case  I  might  with  more 
propriety  retort  upon  the  friends  of  the  Executive  thaf  he  desires,  by 
the  passage  of  this  bill,  to  get  a  large  army  of  military  office-holders 
to  electioneer  for  his  party  in  the  next  Presidential  campaign.  I 
might  make  such  a  charge  against  him,  with  much  more  propriety 
than  the  charge  to  whiclT I  have  alluded,  can  be  directed  against 
gentlemen  not  disposed  to  vote  in  favor  of  this  bill.  If  this  ten 
regiment  bill  passes,  the  President  will  have  the  appointment  of 
five  hundred  and  forty  additional  commissioned  officers.  The  Ex- 
ecutive has  already  exercised  more  patronage  than  any  of  his  pre- 
decessors in  office.  This  war,  calling  into  existence  a  mighty 
army  of  70,000  men,  has  given  him  more  patronage,  independently 
of  other  considerations,  than  any  President  ever  exercised  before 
him.  Well,  if  patronage  be  an  object  to  the  Executive,  may  he 
not  well  be  satisfied?  1  will  not  lightly  make  an  accusation  against 
the  Chief  Magistrate  of  my  country.  I  make  no  charge  against 
him  that  it  is  his  object  to  carry  this  bill  through  the  halls  of  Con- 
gress, in  order  that  he  may  obtain  this  patronage;  but,  I  am  one 
of  those  who  are  very  fearful  and  jealous  of  Executive  power  and 
Executive  patronage.  I  have  lived  long  enough  and  seen  enough 
here  to  satisfy  me,  that  there  is  imminent  danger  to  our  insti- 
tutions from  that,  very  source.  I  will  not,  where  there  is  the 
slightest  danger  to  be  apprehended  from  it,  lend  my  aid  to  in- 
crease that  Executive  patronage.  Sir,  the  fathers  of  the  repub- 
lic, when  about  to  make  the  American  Constitution  had  fears, 
and  just  such  fears  as  I  entertain  on  this  great  question.  They 
had  fears  that  the  great  temjitations  to  which  the  Executive  would 
be  exposed,  to  increase  his  power  and  patronage,  flagrante 
hello,  might  lead  him  to  defeat  the  settlement  of  controversies 
with  foreign  powers  and  to  protract  any  war  in  which  we  might 
be  engaged,  so  as  to  prevent  a  peace.  Reasoning  upon  the  sub- 
ject in  the  abstract,  and  without  reference  to  any  particular 
individual,  the  framers  of  the  Constitution  thought  that  such  a  dan- 
£jer  existed;  and  James  Madison  was  one  of  the  very  men  who, 
apprehending  danger  from  this  source  attempted  in  the  Convention 
which  made  the  Constitution,  to  guard  against  it  by  removing 
from  the  President  even  concurrent  action  with  the  Senate  in  the 
formation  of  treaties  of  peace,  restricting  that  power  to  two-thirds 
of  the  Senate. 

Let  me  read  from  the  proceedings  of  that  convention,  the  pass- 
ages which  bear  on  this  point;  as  they  are  quite  pertinent  in  the 
present  connexion.  You  will  find  them  under  date  of  the  —  of 
September,  1787,  page  524  of  the  "Madison  Papers, 

"  Mr.  MADISON  moved  to  authorise  a  concurrence  of  two-thiris  of  tlie  Senate 
to  make  treaties  of  peace,  without  the  concvrrence  of  the  PTPsitlnU.  The  President, 
he  said,  would  necessarily  derive  so  much  power  and  importance  from  a  state  of  war, 
that  he  might  he  tempted,  if  authorisetl,  to  impede  a  treaty  of  peace. 

"  Mr.  BUTLER  seconded  tlie  motion. 

"  Mr.  GORHAM  thought  the  security  unnccessar)-,  as  the  means  of  earryin^  oil 
ihe  tear  would  not  be  in  the  hands  of  the  President,  but  of  the  Le^stature. 

'*  Mr.  BUTLER  was  strenuous  for  the  motion  as  a  necessary  security  against  am 
hilions  and  corrupt  Presidents.  He  mentioned  the  late  [>ertidious  jtoiicy  of  rlie  Slaill 
holder  in  Holland,  and  the  artitices  of  the  Duke  of  Marlborough  to  prolong  tlie  war 
of  whicJi  he  had  the  management." 

Sir.  Mr.  Madison's  motion  failed,  and  we  have  no  resource  against 
the  evil  he  designed  to  prevent,  but  in  the  suggestion  of  Mr.  Gor- 
ham . 

It  is  evident,  then,  that  the  fathers  of  the  Constitution  contem- 
plated the  very  step  which  we  are  now  about  to  take;  and  unless 
in  our  hearts  and  judgments  we  can  a'J^provc  of  the  objects  for 
which  the  war  in  Mexico  is  waged — unless  we  can  agree  with  the 
President  in  his  ultimatiun  as  announced  in  that  portion  of  his 
message  in  which  he  declares  that  he  will  make  no  peace  unless  it 


104 


THE  TEN  REGIMENT  BILL. 


[Wednesday, 


give  him  all  tho  Californias  and  New  Mexico — unless  wo  concur 
in  that  ultimatum,  wo  are  bound  as  honorable  men,  to  refuse  him 
any  more  men  for  the  purposes  he  has  avowed.  In  so  refusin<;  to 
ijrant  him  any  more  men  for  the  prosecction  of  the  war  with  such 
objects,  I  hold  myself  as  actin!»  in  the  very  spirit  of  the  Constitu- 
tion, and  uocordiny;  to  the  requisitions  of  the  fathers  who  made  it. 
Mr.  President,  the  honorable  Chairman  of  the  Committee  on 
Military  Affairs,  when  he  introduced  this  bill  to  the  consideration 
of  the  Senate,  submitted  with  it  .some  rematks  to  which  I 
desire  to  invite  your  attention.  That  I  may  not  misquote  or  mis- 
represent ihe  honorable  Senator,  I  will  read  from  his  speech  as 
published  by  the  Reporter  of  the  Senate. 

"In  presenting  tliis  bill  I  do  not  propose  to  touch  any  or  the  ili-jpuled  topii's,  whit-h 
(Hviile  the  two  preat  i(.-irtie>.  under  the  banner  of  one  or  the  other  of  which,  every  citi- 
zen of  our  country  is  arrayed.  I  shall  leave  tliese  if  inlroduced  M  all,  to  be  intro- 
ilnced  bv  others.  I  had  hoped,  till  I  hcanl,  the  incidciiLlI  dijcpssion  which  arose  a 
day  or  two  hince  on  tlie  question  of  taking  up  thii  bill,  that  these  exciting  subjects 
would  be  po^tnoned  for  >oiiie  fuluif  opportunity,  and  that  the  propo.-itions  now  sub- 
mitted would  be  considered  upon  their  military  merits,  taking  it  lor  granleil,  that  the 
propriety  of  voting  the  .additional  force  required  would  not  ho  controverted.  I  was 
well  i.ware,  that  we  could  not  escape  a  full  tliMmssion  of  the  origin  of  the  war,  lis 
progress,  its  ohjccU.  and  the  whole  course  of  the  administration  connected  with  it. 
Nor,  inilwd,  difl  I  wish  to  avoid  it.  However  severe  may  he  the  attack.  I  trust  it 
will  be  a.s  eamfiNtly  inol,  and  eas-ily  repelled,  for  I  consider  the  ground  which  the  ad- 
ministration occupies  lU  perfectly  impregnable." 

It  sometimes  happens,  sir,  in  the  affairs  of  this  world,  that  a  man 
by  blowinir  a  trumpet  may  invite  an  opponent  into  tlie  field  when 
there  is  none  there  before  he  did  it.  The  honorable  Senator  has 
uttered  tliis  note  of  defiance,  and  I  suppose  it  was  intended  for  gen- 
tlemen on  this  side  of  the  Chamber.  He  has  thrown  the  gauntlet 
at  our  feet,  and  dares  us  to  take  it  up.  He  says  that  the  entire 
ground  of  the  administration  is  "impregnable,"  that  an  attack 
upon  it  can  be  "easily  repelled,"  and  will  be,  lie  trusts,  "as  earn- 
estly mot."  Now,  sir,  although  one  of  the  humblest  of  the  mem- 
bers on  this  side  of  the  Chamber,  yet  I  will  take  up  tho  glove,  and 
I  desire  to  see  how  easily  the  champion  of  the  administration  will 
repel  one  or  two  attempts  on  my  part  to  question  the  propriety  of 
the  course  of  the  administration  in  carrying  on  this  war. 

Many  years  ago  there  was  a  certain  gentleman  in  oiu"  State  of 
Texas,  then  a  province  claimed  by  Mexico,  by  the  name  of  Don 
Antonio  Lopez  de  Santa  Anna.  He  met  some  American  troops — 
if  I  recolieet  the  history  of  times  gone  by — at  a  certain  place  called 
Goliad,  antl  induced  them  to  surrender  to  him  under  the  promise 
tliat  they  would  bo  fairly  and  lionorably  treated  as  prisoners  of 
war.  He  took  out  every  man  of  them,  the  next  day,  and  shot 
them,  one  by  one,  deliberately,  in  cold  blood!  He  violated  his  sol- 
emn pledge  before  God  and  man;  and  bloody  ruffian — murderous 
villain  as  he  is — he  slew  one  hundred  and  seventy-nine  of  my  coun- 
trymen, after  pledging  his  honor  to  give  them  quarter.  On  an- 
other occasion  this  same  Don  Antonio  Lopez  de  Santa  Anna  mas- 
sacred some  hundreds  more  of  our  countrymen  at  a  place  called 
the  Alamo.  These  things  are  fresh  in  the  recollection  of  every 
American  patriot.  There  is  not  an  honest  American  heart  that 
did  not  burn  with  indignation  against  this  ferocious  ruffian  on  ac- 
count of  these  atrocious  acts.  Well,  sir,  when  tliis  war  was  de- 
clared in  May,  1S46,  the  President  ol  the  United  States — the  head 
of  the  administration,  and  of  the  executive  government — gave  this 
same  Santa  Anna,  with  all  his  titles,  a  iVee  pass  thiough  the 
American  fleet,  into  Mexico. 

Mr.  JOHNSON,  of  Maryland,  (in  his  seat.)— On  the  same  day 
on  which  war  was  declared. 

Mr.  CLAYTON. — On  the  verj'  day  as  my  honorable  friend  re- 
marks, on  which  the  war  was  declared  the  President  of  the  United 
States,  issued  his  order  to  let  pass  the  perjured  assassin  without 
let  or  hindrance  into  Mexico.  This  sir,  is  one  ol  these  points  in 
which  I  desire  to  see  the  chairman  of  the  Committee  on  Military 
Affairs  so  easily  repel  the  attack  which  he  has  invited.  I  am 
bound  sir,  to  hold  up  the  conduct  of  the  President  in  this  instance, 
not  only  to  the  Senate  but  to  the  American  people,  and  I  ask  the 
champion  of  tho  administration  or  any  genllcman  on  the  other  side 
of  the  chamber  to  demonstrate  to  us  tlio  case  with  which  ho  can 
repel  the  charge  of  misconduct,  cross  misconduct  on  the  part  of  the 
President  of  the  United  States,  in  admitting  that  murderous  rnf- 
iian  into  Mexico.  What,  sir,  have  been  the  consequences  of  that 
act?  Why  let  me  in  reply  lake  up  a  newspaper  which  is  good  au- 
thority with  my  honoralile  friends  on  the  other  side.  In  the 
"Union"  of  this  morning  I  find  the  following  paragraph. 

Wc  have  received  a  file  of  the  "North  Amorh^an,"  printed  in  the  city  of  Me.xieo 
from  the  :U  of  November  to  the  7th  of  December.  We  find  the  folbwin"  in  the 
".Vmeiican"  of  the  hut  named  date.  It  hnii  already  appeared  in  the  New'Orleans 
papers: 

"Oncb  more.— Senon  Cnevas,  Atristain,  and  Conto.  the  Mi'sican  peace  commis- 
lioncn.  arc  Mill  in  the  citv,  wo  hear,  but  ofconrse  can  efl'ect  nothing.  It  is  now  said 
that  they  will  not  go  to  Washinpton  ».s  long  as  Santa  Anna  is  in  the  country.  'I'lie 
government  dare  not  even  pay  their  expenses ;  nor  would  the  commissioners' dare  "o 
there  and  iiiaki^  a  treaty  ;  for  the  Napoleon  of  the  West  may  turn  ii]i  again  some  rlnv 
and  then  I*rcsident  Anava  and  the  commissioners  would  he  shot,  (di,  wlial  a  de-' 
ploruble  condition  have  this  peoplu  reduced  themselves  to!'* 

I  ask,  would  not  tho  ejaculation  have  been  more  appropriate— 
"Oh!  to  what  a  deplorable  condition  has  the  President  of  the  Uni- 
ted States  reduced  this  people  and  this  country!"  Upon  his  head 
sir,  and  no  other,  must  this  sin  rest;  and  if  tho  honorable  gentle- 
man on  the  other  side  of  the  Chamber,  have  ingcnuitv  enoufrli  to 
extricate  the  President  from  this  position,  ho  .sliall  indeed,  be  in 
all  time  hereafter,  ray  Magnus  Apollo!    If  lie  cuu  point  out  any 


mode  of  salvation  for  the  President  on  this  point,  on  which  he  is 
now  attiicked,  it  will  reflect  infinite  honor  on  his  character  as  an 
advocate.  This  same  Don  Antonio  Lopez  de  Santa  Anna,  who 
murdered  our  countryinen  at  Goliad  and  the  Alamo,  being  admit- 
ted to  pass  free  into  Mexico,  has  waged  war  against  our  country 
on  all  occasions,  since  his  admission.  He  has  ralUed  thousands 
and  tens  of  thousands  of  Mexicans  that  no  other  man  could  have 
rallied  against  us.  He  fought  us  at  Buena  Vista — at  Cerro  Gordo 
— at  Contreras — at  Churubusoo — at  Molino  del  Rey — at  Chepulte- 
pec — and  at  tho  city  of  Mexico.  He  fought  till  he  was  driven 
Irora  the  capital  to  the  mountains,  where  he  now  remains  with  his 
guerillas,  ready  to  murder  the  peace  commissioners  of  his  own 
country  if  they  shoultl  dare  to  treat  with  us.  Such  is  the  man 
whom  the  President  of  the  United  States  introduced  into  that 
country,  and  this  is  the  state  of  tilings  to  which  the  American 
jieople  have  been  brought  by  the  conduct  of  the  Executive. 

I  might  here,  sir,  request  the  honorable  Chairman  to  re]iel  ano- 
ther charge  made  by  the  Senator  from  Maryland-  Why  was  the 
gallant  Taylor  left  without  more  than  5,400  troops — nearly  all 
volunteers — to  resist  the  atttick  of  this  same  Santa  Anna  with 
20,000  Mexicans,  at  the  bloody  but  glorious  battle  of  Buena  Vista? 
And  why  was  the  no  less  gallant  Scott  left  so  long  without  suffi- 
cient troops  to  move  from  Puebia  upon  the  capital  of  Mexico? 
During  all  this  time,  the  President  had  the  power  to  call  upon  his 
unexhausted  fund  of  50,000  volunteers,  and  refused  to  send  them 
succor.  But  I  must  not  dwell  on  these  things.  They  were  suffi- 
ciently m-ged  by  the  Senator  from  Maryland. 

The  present  times,  sir,  do  not  resemble  the  early  days  of  the  re. 
public.  We  hear  much,  especially  from  honorable  gentlemen  on  the 
other  side  of  tho  Chamber,  of  Jefferson  and  his  democracy.  Yet 
these  are  not  the  days  of  Jeffersonian  democracy.  The  measiures 
of  the  President  of  the  United  States  are  not  like  those  of  Thomas 
Jefferson,  or  the  fathers  o''  the  Rcbublie.  No,  sir,  let  us  recur  to 
an  incident  in  the  history  of  the  administration  of  Thomas  Jeffer- 
son, at  the  period  when  great  excitement  prevailed  with  regard  to 
the  title  to  the  mouth  of  the  Mississippi,  in  the  year  1803,  when 
the  whole  west  was  in  a  flame,  lest  some  foreign  nation  should  oc- 
cupy the  mouth  of  that  mighty  river,  and  impede  the  growing 
prosperity  of  the  great  valley  of  the  Mississippi.  At  that  moment, 
sir,  when  the  minds  of  men  all  over  the  American  Union,  were  pe- 
culiarly excited,  an  efl'ort  was  made  in  the  Senate  Chamber  of 
the  United  States,  on  the  16th  February,  1803,  by  Mr.  Ross, 
from  Pittsburgh,  I  think,  to  induce  the  American  Congress  and  the 
American  Executive,  to  seize  and  take  possession  of  the  mouth  of 
the  Mississippi,  and  the  country  which  was  necessary  for  our  pros- 
perity; and  to  hold  it  without  reference  to  negotiation  or  treaty. 
Allow  me  to  read  the  resolutions  of  Mr.  Ross.  They  will  be 
found  in  the  Senate  Journal,  for  the  year   1803,  page  26(). 

Re^ofued,  That  the  United  States  have  an  indisputable  right  to  the  free  navigation 
of  the  river  MLssissi|iid,  and  to  :l  convenient  place  of  deposite  for  tlieir  produce  and 
merchandise  in  the  island  of  New  Orleans. 

That  the  late  infraction  of  such,  their  unquestionable  right,  is  an  aggression  hostile 
to  their  honor  and  interest. 

That  it  does  not  consist  with  the  dignity  or  safety  of  this  Union  to  hold  a  right  so 
important  by  a  tenure  so  uncertain. 

That  it  materially  concerns  such  of  the  American  citizens  as  dwell  on  the  western 
waters,  and  Ls  essential  to  the  union,  strength,  and  prosperity  of  these  states,  that  Ihey 
obtain  complete  security  for  the  tuil  and  peaceable  cujovnient  of  such  their  absolute 
right. 

That  the  President  be  authorized  to  lake  immedhite  possession  o*"  such  place  or 
)daccs,  in  the  said  island,  or  the  adjacent  territories,  as  he  may  deem  tit  and  conve- 
nient, for  Ihe  purposes  aforesaid;  and  to  adopt  such  other  measures  for  obtaining  that 
complete  security  as  to  him  in  his  wisdom  shall  seem  meet. 

That  he  be  authorized  to  call  into  actual  service  any  number  of  the  militia  of  the 
states  of  South  Carolina,  (ieorgia,  Ohio,  Kentuckv.  Tennessee,  or  of  the  Miss-sissippi 
territory,  which  he  may  think  juoper,  not  e.xcecthug  fifty  thousand,  and  to  employ 
them,  togetjier  with  the  military  and  naval  forces  of  Uie  Union,  for  effecting  the  ob- 
jects above  mentioned. 

That  the  sum  of  live  mdlions  of  dollars  be  appropriated  to  Uie  carrying  into  effect 
the  foregoing  resolutions;  and  that  the  whole  or  any  part  of  that  sum  be  paid  or  ap- 
plied, on  warrants  drawn  iu  pursuance  of  such  directions  as  tJie  President  may,  from 
lime  to  time,  think  proper  to  give  to  the  Secretary  of  the  Treasury. 

And  on  page  274,  you  find  these  resolutions  proposing  that  the 
President  should  take  immediate  possession,  entirely  clianged  by 
the  democratic  Senators  in  Mr.  Jefferson's  confidence  : 

Hcsolred,  That  the  President  of  the  tiniterl  States  be,  and  he  is  hereby,  authori- 
zed, whenever  he  shall  judge  it  expedient,  to  require  of  the  executives  of  the  several 
states  to  take  effectual  measures  to  organize,  arm,  and  equip,  according  to  law,  and 
hold  in  readiness  to  inarch,  .at  a  moment's  warning,  80,0(10  effective  militia,  otiicers 
included. 

lifsotvi'd,  That  the  President  may,  if  he  judges  it  expedient,  authorize  the  execu- 
tives of  the  several  stales  to  acce[Jt,  as  [rart  of  Ihe  detachment  aforesaid,  any  corps  of 

volunteers,  xvho  shall  continue  in   service  for  such  time,  not  exceeding mouths, 

and  jierlbrm  such  services  as  shall  be  jin'scrihed  bv  law. 

jifsoincd,  That dollars  be  appropriated  t'or  paying  and  subsisting  such  part  of 

the  troops  aforesaid,  whose  actu.al  service  may  he  w  anted,  and  for  defraying  such  other 
expenses  as.  during  the  recess  of  t'oniiress.  the  President  may  deem  necessary  for  the 
security  of  the  territory  of  the  Unilen  States. 

i^e.s«/r)C(/,  That  - —  dollars  he  a[)propriated  tor  erecting,  at  such  pl.ace  or  places 
on  the  western  waters  as  the  President  may  judge  most  proper,  one  or  more  arsenals. 

I  have  here  the  speech  made  by  Mr.  Ross,  in  support  of  his 
resolutions,  jn'oposing  to  seize  the  mouth  of  tho  Mississippi  and  the 
adjaeent  territory,  without  negotiation;  and  tho  speech,  sir,  is 
very  much  a  counterpart  of  some  that  I  have  hoard  of,  during  tho 
discussions  that  have  taken  plaoe  since  this  war  commenced.  Mr. 
Ross  urged  that  it  was  convenient  and  necessary  to  seize  upon  tlie 
territory.  Cortainly  ho  had  the  right  to  say  so.  Ho  insisted  that 
we  should  not  wait  for  negotiation;  and  of  course  ho  urged  that 
those  who  held  tho  territory  had  no  titllo  to  it.  But  what  was 
tho  course  adopted  in  those  days  of  Jeffersonian  democracy?  Did 
Mr.  Jefferson  raise  an  army  to  march  upon  and  seize  the  territory, 


January  12.] 


THE  TEN  REGIMENT  BILL. 


105 


or  to  point  our  cannon  into  the  windows  of  New  Orleans,  and  thus 
provoke  a  conflict?  Did  any  such  spirit  as  that  which  seems  to 
rase  here  with  an  unbridled  fury,  pervade  the  Democracy  of  that 
panv?  No,  sir  ;  no,  sir.  The  love  of  Justice  had  not  abandoned 
the  American  bosom ;  the  honor  of  the  American  character  was 
still  dear  to  American  statesmen.  Tiiomas  Jeflerson,  with  his 
friends,  dropped  the  proposition  of  Mr.  Ross  to  seize  on  the  coun- 
try on  the  Mississippi,  sent  an  Envoy  Extraordinary  to  join  Mr. 
Livincsion  in  France;  and  they  neijociated  the  celebrated  treaty 
of  1S03,  liy  which  Louisiana  was  ceded  to  this  country,  for  the 
sum  of  fifteen  millions  of  dollars.  Negociation — treaty — these 
were  the  means  resorted  to  by  the  Democracy  of  ancient  days. 
Alas!  sir;  it,  seems  to  me  as  if  there  were  a  spirit  now  pervading 
a  portion  of  my  friends,  on  the  other  side  of  the  chamber,  which 
disposes  them  to  seize  and  hold  territory,  without  netrotiation — 
without  treaty — almost  without  regard  to  the  consequences 
upon  the  character  of  the  country.  From  all  of  this  spirit 
I  entirely  dissent.  But  allow  me  to  add,  that  I  am  not  one  of 
those  who  have  denied,  or  mean  hereafter  to  deny  that  in- 
demnity may  be  received  by  my  country  from  Mexico  in  the  way 
of  the  acquisition  of  territory.  What  I  have  maintained  is,  that  I 
will  not  aijree  to  rob  for  it.  Buy  any  territory  that  may  be  neces- 
sary for  the  ijood  of  flie  country.  ISuy  the  harbor  of  San  Fran- 
cisco, and  the  adjacent  territory  for  the  use  of  our  people.  Buy  it 
on  fair  and  honorable  terms,  and  I  shall  not  object  to  it.  But  take 
nothinij  by  violence.  If  you  intend  to  do  that,  I  wash  my  bands 
of  it,  and  have  nothing  to  do  with  it.  I  refuse  to  acquiesce  in  any 
such  procedure  on  the  ground  which  I  have  already  stated,  that  I 
hold  the  national  character  for  justice,  and  honesty  of  far  more 
value  to  my  countrymen  now,  and  in  all  ages  to  come,  than  all  the 
lands,  and  all  the  money  which  could  be  acquired  bv  a  war  of 
rapine,  and  all  the  military  glory  that  could  be  achieved  in  the  wars 
of  a  century.  Lose  that  which  excites  in  your  own  bosom,  a 
proper  feeling  of  self-respect,  and  you  are  a  lost  man.  Let  your 
country  lose  its  self-respect  by  the  folly  or  wickekness  of  its  rulers, 
and  your  country  is  degraded.to  such  a  degree,  that  it  will  require 
the  power  of  better  men  than  we  are,  exerted  for  a  century  to 
come,  to  restore  her  to  the  position  from  which  she  has  fallen. 

Mr.  SEVIER.— Will  the  Senator  have  the  goodness  to  tell  me 
the  date  of  Mr.  Ross's  resolutions? 

Mr.  CLAYTON.— I  shall  send  the  book  to  the  honorable  Sena- 
tor, so  that  he  may  examine  the  resolutions. 

I  have  now  consumed  enough  of  the  time  of  the  Senate,  and 
trespassed  sufficiently  on  its  patience.  In  concluding.  I  beg  leave 
to  tender  to  the  honorable  gentlemen  here,  my  thanks  for  the  kind 
and  patient  attention  with  which  they  have  heard  me,  and  to  as- 
sure those  on  the  opposite  side  of  the  house,  as  well  as  my 
friends  here,  that  it  is  painful  for  me  to  differ  from  those  for  whose 
character  as  gentlemen  and  patriots  I  have  high  respect;  and  that 
although  now  impelled  by  a  sense  of  duty  to  record  my  protest 
against  their  course,  I  shall  always  be  ready  to  co-operate  with 

30th  Cong. — 1st  Session — No.  14. 


them  in  sustaining  the  true  honor  and  the  solid  glory  of  our  com 
mon  country. 

The  usual  hour  of  adjournment  having  arrived, 

Mr.  PEARCE  signified  his  intention  of  addressing  the  Se- 
nate to-morrow,  on  the  bill  before  them. 

Mr.  BUTLER  gave  notice  that  he  would  to-morrow  move  to 
re-commit  the  bill  for  the  ptu-pose  of  offering  an  amendment. 

Mr.  JOHNSON,  of  Maryland,  asked  for  a  reading  of  the 
amendment. 

The  Seckf,t.\ey  read  the  amendment,  which  is  as  follows: 

Strike  out  :i!l  .Tfter  tlip  eIl,^^tm;;  olause  and  insert  ; 

That  tlie  repiilar  army  siiail  be  increa.sed  aij  tbilows,  to  wit : 

To  paoli  foinpaiiy  ofartiliijry,  infantry,  and  regiments  of  riflemen,  there  shall  be  ad- 
•l*'*! privates,  and  to  each  company  of  the  regiments  aforesaid,  as  many  subal- 
terns as  will  proviile  two  tir¥t  lieutenants  and  two  second  lieutenants  re-spectivclv  :  Pro- 
vided, That  the  said  troops  shall  be  required  to  serve  during  the  war  with  Mexico,  but 
may  be  sooner  discharged  by  order  of  the  President. 

Mr.  BUTLER. — I  may,  perhaps,  without  impropriety,  now  indi- 
cate the  object  of  this  aniendment.  I  am  very  well  satisfied,  from 
all  that  I  have  heard  here,  that  the  President  intends  to  carry  on 
invasive  operations  in  that  part  of  Mexico,  whether  additional 
force  be  placed  at  his  disposal  or  not.  It  becomes  a  question  whe- 
ther we  shall  be  bound  to  raise  such  a  force  as  is  provided  by  the 
bill  under  discussion,  or  whether  a  different,  and  in  my  opinion,  a 
better  mode  may  not  be  adopted.  It  sceins  to  me,  that  the  ques- 
tion resolves  itself  into  this  simple  proposition:  The  President  has 
advertised  both  houses  of  Congress,  that  the  only  mode  in  which 
he  proposes  to  bring  this  war  to  a  conclusion,  by  a  treaty  of  peace, 
is  to  reduce  Mexico  to  such  a  slate  of  coercion  that  she  will  be 
obliged  to  accept  of  the  terms  thus  arbitrarilv  dictated.  All  other 
modes  of  settling  the  controversy  with  Mexico  seem,  by  the  re- 
commendation of  the  President,  to  be  discarded,  and  that  single 
proposition  to  be  assumed.  If  then,  we  arc  to  carry  on  invasive 
operations  in  the  heart  of  Mexico,  I  think  we  shoiild  pause,  at 
least  at  this  stage  of  the  proceedings,  and  say,  whether  we  shall 
accede  to  that  proposition  of  the  Executive. 

For  myself,  I  have  consulted  with  no  party  on  this  subject,  but  I 
do  feel  that  we  have  been  from  the  commencement  of  the  war, 
and  are  now,  making  materials  for  a  most  eventful  history.  I  sub- 
init  no  other  remarks  at  present,  but  give  notice  that  to-morrow 
I  propose  to  explain  my  views  not  only  on  that  amendment,  but 
perhtips,  if  I  should  be  allowed,  on  some  other  topics  involved  in 
that  discussion. 

On  motion,' the  Senate  proceeded  to  the  consideration  of  Execu- 
tive business,  and  after  a  short  time  had  been  so  occupied,  the 
doors  were  re-opened,  when 

The  Senate  adjourned. 


106 


MR.  TRIST'S  CORRESPONDENCE. 


[Thursday, 


THURSDAY,  JANUARY  13,  1848. 


ABMY   CONTRACTS. 

The  VICE-PRESIDENT  laid  before  the  Senate  a  report  of  the 
Secretary  of  War,  made  aL'rceal)!/  to  law,  showing  the  contraets 
made  under  the  authority  of  the  Department,  during  the  year  1847. 

PETITIONS. 

Mr.  ASHLEY  presented  a  petition  of  citizens  of  Polk  county, 
Arkansas,  praying'  the  establishment  of  a  mail  route  from  Mount 
Ida  to  Ultiiua  Tliule  in  that  State;  which  was  refen-ed  to  the 
Committee  on  the  Post  Office  and  Post  Roads. 

Mr.  DOUGLAS  presented  a  petition  of  citizens  of  Ilhnois, 
prayinc;  a  crant  of  public  land  to  the  State  of  Illinois  to  aid  in  the 
construction  of  a  rail  road  to  connect  the  Upper  and  Lower  Mis- 
sissippi with  the  Northern  Lakes;  which  was  referred  to  the  Com- 
mittee on  Public  Lands. 

Mr.  CLAYTON  presented  a  memorial  of  Frederick  Dawson. 
James  Sehott  and  Elisha  D.  Whitney,  praying  the  fulfilment  of  a 
contract  entered  into  by  them  with  the  Government  of  Texas, 
previous  to  its  annexation  to  the  United  States,  for  supplying  that 
republic  with  a  Naval  Armament;  which  was  referred  to  the  Com- 
mittee of  Claims  and  ordered  to  be  printed. 

Mr.  CAMERON  presented  the  petition  of  George  V.  Mitchell, 
praying  the  reimbnrsemenl  of  a  sum  of  money  improperly  collected 
from  him  by  the  United  States  on  the  settlement  of  his  accounts 
as  postmaster  at  Belleville,  Pennsylvania;  which  was  referred  to 
the  Committee  on  the  Post  Office  and  Post  Roads. 

Mr.  DAVIS,  of  Mississippi,  presented  the  petition  of  Henry  V. 
Keep,  praying  to  be  allowed  pay  and  bounty  land  as  a  volunteer 
in  the  United  States'  service  in  the  war  with  Mexico;  which  was 
referred  to  the  Committee  on  Military  AB'airs. 

On  motion  by  Mr.  NILES,  it  was 

Ordered,  That  the  petition  of  Nathaniel  Knykendall,  on  the  files 
of  the  Senate,  be  referred  to  the  Committee  on  tha  Post  Office  and 
Post  Roads. 

On  motion  by  Mr.  CLAYTON,  it  was 

Ordered,  That  the  memorial  of  Thomas  F.  Gordon,  on  the  files 
of  the  Senate,  be  referred  to  the  Committee  on  the  Library. 

On  motion  by  Mr.  ATHERTON,  it  was 

Ordered,  That  the  petition  of  John  McNeil,  on  the  files  of  the 
Senate,  be  referred  to  the  Committee  on  Pensions. 

On  motion  by  Mr.  LEWIS,  it  was 

Ordered,  That  the  petition  of  C.  G.  Gunter,  on  the  files  of  tha 
Senate,  be  referred  to  the  Committee  on  Public  Lands. 

On  motion  by  Mr.  RUSK,  it  was 

Ordered,  That  the  Committee  on  Military  Afiairs  be  discharged 
from  the  further  consideration  of  the  petition  of  George  Center; 
and  that  it  bo  referred  to  the  Committee  of  Claims. 

NOTICK    OK   A    niLL. 

Mr.  DOUGLAS  gave  notice  that  on  to-morrow,  or  some  early 
day  thereafter,  he  will  ask  leave  to  introduce  a  bill  grantino-  to 
the  State  of  Illinois  the  right  of  way  and  a  donation  of  public  la'nds, 
for  making  a  railroad  connecting  the  Upper  and  Lower  Mississippi 
with  the  chain  of  Northern  Lakes  at  Chicago. 

GENERAL    SCOTT's    PLANS,  ETC. 

Mr.  MANGUM  submitted  the  following  resolution  for  consid- 
eration : 

/(Mo/ivrf.  Tliat  tlie  ProJiiilfnl  of  the  lliiilo.l  States  Iw  rrqii(-<lptl  to  lay  liefore  llie 
Scnnlo  till  llie  plans,  estiniati...  anil  calculations,  iircscntcil  by  Cciicral  Hcott  tis  in  lll^ 
opinion  best  ailnplcil  to  attain  tin-  objects  ol'  the  war;  anil  bis  o|atiion  loiichin"  tlie 
military  means  nt'ccisary  to  nccomplisli  tlic  objects  ol' our  govTintncnl  in  tiny  anil  ill 
till-  allpmativi-  vicw<  tbat  ban-  lioctl  lOnsiilcred  by  Iha  Kxccutivc  or  su"eci;tcil  by  Gcn- 
fral  ftcotl.  to  Imnc  the  war  with  Mexico  to  a  cloi.o,  if  not  incontistenl'in  the  oi.inion 
ol  tbe  I  resilient  witb  llie  |»nblic  t.ervice. 

MESSAGE     FBO.II    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk. 

Mr.  Pmidcnt.  The  Ilonic  of  RoprMCnIntlyes  bnyo  fmnei  [he  hill  from  the  Senate 
to  authorize  the  iuning  of  a  rcKtttter  to  tlio  bari{ue  Canton. 

'i'hey  have  najiteil  a  bill  aulliorizinR  the  Secretary  of  tbe  Treasury  to  ;srant  n  rejriiter 
lo  tha  batquD  Sarali  and  Eliza,  in  yvkicU  they  r(x|ucil  tho  uoiicurniticu  of  tb«  Sonatu. 


BARQUE   S.\RAH  AND  ELIZA. 

On  motion  by  Mr.  DIX,  the  bill  last  mentioned,  from  the  House 
of  Representatives,  was  read  the  first  and  second  times,  by  unani- 
mous consent,  and  considered  as  in  Committee  of  the  Whole;  and 
no  amendment  being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time,  by  unanimous  consent. 

Rcsdlvcd,  That  tliis  bill  pass.  '  .'    ■      , 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

PRIVATE    EXPRESSES. 

Mr.  JOHNSON  of  Louisiana,  submitted  the  following  resolution, 
which  was  considered  by  unanimous  consent  and  agreed  to  : 

liesulreil.  That  the  Committee  on  the  Post  OfBce  and  Post  Ro.tds  be  instructed  to 
inquire  into  the  e-xpediency  of  making  provision  by  law.  to  preyent  tbe  losses  sustained 
by  the  public,  in  consequence  of  inU-IUgence  conveyed  by  the  daily  express  established 
by  individuals  to  mid  from  New  Orleans. 

RETROCESSION  OF  ALE.XANDRIA. 

Agreeably  to  notice,  Mr.  HUNTER  asked,  and  obtained  leave, 
to  bring  in  a  bill  supplemental  to  an  act  passed  the  9th  tlay  of 
July,  in  the  year  1846,  entitled  ''An  act  to  retrocede  thecounty  of 
Alexandria,  in  the  District  of  Columbia,  to  the  State  of  Virginia;" 
which  was  read  the  first  and  second  times,  by  unanimous  consent, 
and  referred  to  the  Committee  on  the  District  of  Columbia. 

PRIVATE    BILLS. 

Agreeably  to  notice,  Mr.  BREESE  asked,  and  obtained  leave, 
to  bring  in  a  bill  to  provide  for  the  compensation  of  Samuel  Leech, 
for  services  in  the  investigation  of  suspended  sales  in  the  Mineral 
Point  District,  Wi.seonsin;  which  was  read  the  first  and  second 
times  by  unanimous  con.sent,  and  referred  to  the  Committee  on 
Public  lands. 

Mr.  SEVIER,  from  the  Committee  on  Foreign  Relations,  to 
whom  had  been  referred  the  memorial  of  John  Black,  reported  a 
bill  for  the  relief  of  John  Black,  late  ConsiU  of  the  United  States 
at  the  city  of  Mexico;  which  was  read  and  passed  to  the  second 
reading. 

Mr.  SEVIER  also  submitted  documents  on  the  subject,  which 
were  ordered  to  be  printed. 

Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  to  whom  had  been  referred  the  bill  for  the  relief  of  Creed 
Taylor,  reported  the  same  without  amendment. 

Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  to  whom  was  referred  the  petition  of  J.  F.  Caldwell,  re- 
)iorted  a  Ijill  for  his  relief;  which  was  read  and  passed  to  the  se- 
cond reading. 

WIDOWS    OF    REVOLUTIONARY    SOLDIERS. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pensions 
to  whom  was  referred  tho  bill  from  the  House  of  Representatives' 
making  further  provisions  for  surviving  widows  of  soldiers  of  the 
revolution,  reported  it  without  amendment. 

FORCED    CONTRIBUTIONS    IN    MEXICO. 

The  Senate  proceeded  to  consider  the  following  resolution  sub- 
mitted on  the  11th  inst.,  by  Mr.  Dayton,  and  it  was  agreed  to: 

Krxnh-fd,  That  the  President  be  requested  lo  furnish  to  the  Senate  (if  in  bis  judi; 
ineiit  not  inioiii|iatilile  with  the  public  service.)  conies  of  the  letter  referred  to  in  hir 
Message,  of  tJeiieral  ."^cott,  of  2llth  iMay.  IMI,  and  of  the  letter  of  (;ene^.^l  Taylor  o 
illith  llctobet.  l.^lli,  oil  tlie  subject  of  "forced  contributions  in  .Mexico."  and  of  all 
other  cofrespondeiice  on  that  subject,  (if  any,)  not  heretofore  coinmuuicateil. 

IWR.  TKIST's   CORRESPONDENCE. 

The  Senate  proceeded  to  consider  the  following  resolution,  sub- 
mitted on  the  11th  inst.,  by  Mr.  Baldwin;  and  it  was  a<'rced  to. 

Rraolvn!,  That  the  President  of  tbe  United  States  be  requested  to  communicate  for 
the  iiiloiiiKituin  of  the  Senate,  the  correspondence  between  tJie  Commissioner  from 
the  I'liileil  Slates  and  the  Commissioners  api)oiuted  by  the  government  of  iMexico  to 
iie!;oli:ite  with  liiin.  during  the  suspension  of  hostilities,  after  the  battles  of  Contreras 
mid  fluiniliiisio;  and  any  other  iiifoniiation  which  may  enable  the  Senate  to  under- 
sland  till'  I. Tins,  progress  and  issue  oftluit  negotiation,  so  tar  ni  he  may  deem  tbe  same 
not  iiicumpaUblc  wUli  the  public  iuleiests. 


January  13.] 


JOHN  M.  MOORE. 


107 


COLONIZATION   VESSELS. 

The  bill  exempting  vessels  employed  by  the  American  Coloni- 
zation Society  in  transporting  colored  enugrants  from  the  United 
States  to  the  coast  of  Africa  from  the  provisions  of  the  acts  of  the 
22d  February  and  2d  March,  1847,  regulating  the  carriage  of 
passengers  in  mcrcliant  vessels,  was  read  the  second  time,  and 
considered  as  in  Committee  of  the  Whole;  and  no  amendment 
being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  the  bill  be  engrossed,  and  read  a  third  time. 

The  said  bill  was  read  a  third  time,  by  unanimous  consent. 

lUeotrai,  That  this  hill  pass,  and  that  the  title  thereof  he  ai  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

JOHN  M.    MOORE. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  to  compensate  John  M.  Moore;  which  had  been 
reported  from  the  Committee  on  Public  Lands,  with  an  amend- 
ment. 

The  question  being  taken  upon  concurring  in  the  amendment 
reported  from  the  Committee  on  Public  Lands,  it  was  determined 
in  the  affirmative. 

Mr.  JOHNSON,  of  Louisiana,  moved  to  amend  the  bill  by 
striking  out  the  provi.so. 

The  PRESIDING  OFFICER.— That  is  the  amendment  re- 
ported from  the  Committee. 

Mr.  BREESE — I  would  inquire  whether  the  amendment  has 
been  concurred  in. 

The  PRESIDING  OFFICER.— It  has. 

Mr.  BREESE. — ■!  move  then  to  reconsider  the  vote  by  which 
the  amendment  was  concurred  in. 

Mr.  UNDERWOOD.— I  hope  it  will  not  be  rc-considercd. 
This  case  of  Mr.  Moore  presents,  to  my  mind,  one  of  rather  a 
remarkable  character.  The  foundation  of  the  claim  is.  that  the 
principal  officer  of  the  department  for  a  number  of  years  was  in- 
competent to  perforin  the  duties,  and  Mr.  Moore  was  called  on  as 
chief  clerk  to  perform  the  duties  of  commissioner.  There  is  no 
reason  why  we  should  pay  him  in  both  capacities.  It  seems  to 
mo  the  proper  principle  for  the  Government  to  act  npon  is,  to  re- 
quire the  whole  time  of  the  officers  in  the  employment  of  the  Go- 
vernment; and  if  he  receives  full  compensation  as  chief  clerk,  I 
do  not  see  why  wo  should  also  pay  him  a  eommissioner's  salary. 
I  know  there  is  one  illustrious  example  to  the  contrary.  I  refer 
to  the  case  of  Mr.  Butler,  who  received  compensation  as  head  of 
two  departments,  making  his  salary,  instead  of  five  or  six  thousand, 
amount  to  ten  or  twelve  thousand.  Congress,  perceiving  that  this 
was  a  great  abuse,  legislated  on  the  subject,  and  passed  a  law, 
if  my  recollection  serves  me  right,  in  1806  or  7,  providing  that 
thereafter  this  abuse  of  receiving  compensation  for  two  offices  at 
the  same  time,  shall  not  be  practised.  You  have,  therefore,  on 
the  statute  book  a  legislative  condemnation  of  the  practice,  which, 
by  this  bill,  you  are  attempting  to  introduce  again.  If  the  law  is 
wrong,  why  not  repeal  it,  and  go  back  to  the  old  practice  of  allow- 
ing double  salaries,  or  salaries  for  two  offices  at  the  same  time? 
I  hope  the  vote  will  not  be  re-considered. 

The  reading  of  the  report  accompanying  the  bill,  was  asked 
for  by  Mr.  Beese,  and  it  was  read  by  the  Secretary. 

Mr.  BREESE. — The  report  goes  fully  into  the  merits  of  this 
case,  sir.  It  appears  that  Mr.  Moore  has  been  Chief  Clerk  of  the 
Land  Office  for  about  five-and-twenty  years,  and  that  an  immense 
amount  of  labor  has  devolved  upon  him  in  consequence  of  his  dis- 
charging the  duties  of  Commissioner.  It  is  not  proposed  that  he 
shall  have  the  salaries  of  the  two  offices  given  liim,  but  that  he 
shall  have  the  salary  of  a  Commissioner,  deducting  that  which  he 
wotdd  be  entitled  to  receive  as  Cliief  Clerk.  If  this  bill  passes  he 
will  not  receive  compensation  for  the  two,  (although,  a  she  perform- 
ed the  du-ties  of  both  offices,  ho  should  receive  compensation  for 
both,)but  as  the  service  which  he  rendered  as  Commissioner  was  not 
continuous,  but  was  performed  at  different  times,  a  few  days  at  a 
time,  it  is  proposed  to  comjiute  the  amount  of  service  rendered,  and 
pay  him  accordingly.  As  Chief  Clerk,  Mr.  Moore  has  been  for  years 
exerting  all  his  energies  to  protect  the  interests  of  the  government, 
and  has  been  instrumental  in  one  instance  alone,  without  mention- 
ing any  other,  of  saving  to  the  government  several  thousand  dol- 
lars. I  refer  to  the  purchase  of  parchment  for  the  use  of  the  de- 
partments; he  has  saved  more  to  the  government  in  that  one  arti- 
cle than  all  the  compensation  which  he  has  received,  and  all  which 
it  is  proposed  to  give  him.  It  seems  hut  an  act  of  justice  that  he 
should  receive  compensation  as,  a  Commissioner,  and  I  am  sorry 
to  see  any  opposition  ofTered  to  the  passage  of  the  bill. 

Mr.  WESTCOTT. — I  desire  to  obtain  some  information  on  one 
polntjOf  the  honorable  Senator  from  Illinois,(Mr.  Breese.)  The  Se- 


nator has  referred  to  precedents  allowing  the  salaries  of  two  differ- 
ent offices  to  the  same  person  who  had  performed  the  duties  of 
both,  and  if  I  heard  correctly,  those  precedents  were  stated  in  the 
report  of  the  Committee.  I  have  been  able  to  make  but  a  cursory 
perusal  of  the  report  of  the  Committee,  but  I  am  under  the  im- 
jiression  that  all  the  precedents  there  referred  to  are  of  allowan- 
ces by  the  Departments  in  former  years,  and  not  by  Congress.— 
There  is  a  wide  difference.  I  would  inquire  if  there  is  a  single  in- 
stance in  which  Congress  has  sanctioned  the  allowance  of  double 
salaries?  I  have  understood  they  have  always  refused  it,  and  did 
so  in  President  Monroe's  ease.  If  there  is  a  case  of  such  allow- 
ance by  Congress,  I  hope  it  will  be  stated.  So  far  from  this  being 
the  case,  I  have  understood  that  the  practice  of  making  such  allow- 
ances as  were  made  so  improperly  to  Mr.  Butler  and  others,  had 
become  such  an  evil — I  was  about  to  use  a  harsher  term — such  an 
iniquity,  that  in  1842,  Congress  passed  an  act  positively  forbidding 
such  allowance.  Congress  doubtless  acted  on  the  principle  that  an 
oliicer  owed  all  his  time  to  the  public  in  the  office  he  regularly  held, 
according  to  the  usages  as  to  the  hours  of  service,  and  that  it  was 
incompatible  for  him  to  hold,  permanently,  and  do  the  duties  of 
another  and  a  different  office  at  the  same  tune.  He  should  doubt- 
less receive  the  salary  of  the  highest  office  that  he  did  the  duties 
of,  but  the  law  contemplates  that  each  office  is  to  be  filled  by  dif- 
ferent persons,  and  the  respective  duties  done  by  different  persons. 
It  is  a  violation  of  law  for  one  to  fill  both  and  do  the  duties  of  both. 
Officers  are,  and  are  intended  to  be,  checks  on  each  other.  I  think 
to  make  the  allowance  in  tliis  ease,  would  be  to  base  it  upon  a  vio- 
lation of  law;  and  besides,  it  would  repudiate  and  disregard  tho 
principles  of  the  act  of  1842,  which  I  tlimk  Congress  should  ri<jridly 
adhere  to.  It  was  a  wise  and  salutary  law,  and  its  principles 
should  not  be  disregarded  to  meet  a  special  case. 

Mr.  BREESE. — The  honorable  Senator  is  altogether  mistaken. 
The  act  of  1S42,  to  which  he  refers,  was  only  meant  to  prevent 
the  Treasury  Officers  from  making  compensation  for  the  duties  of 
two  officers.'  It  was  all  very  right  for  Congress  to  forbid  tho  Offi- 
cers of  the  Treasury  from  doing  it,  but  here  is  a  case  that  rests 
upon  its  own  merits — of  an  individual  who  has  spent  the  best  en- 
ergies of  his  youth  in  the  service  of  the  government,  and  has  saved 
to  the  government  thousands  and  thousands  of  dollars,  and  who 
has  performed  tho  duties  of  Commissioner  of  the  Land  Office  faith- 
fully, and  at  the  same  time  the  duties  of  Chief  Clerk,  laboring 
incessantly,  and  dragging  out  a  miserable  existence  upon  the  mere 
pittance  of  Chief  Clerk  of  that  office.  Sir,  it  seems  to  me  to  be  a 
strong  case,  and  one  which  appeals  powerfully  to  our  favorable 
consideration. 

Mr.  BADGER. — I  feel  bound  to  interrupt  this  discussion  to  ask 
the  Senate  to  proceed  with  the  special   orcler  of  the  day. 

Mr.  BREESE. — I  hope  the  bill  will  be  passed  over  informally 

then,  so  that  it  may  bo  taken  up  at  an   early  day. 

Tho  bill  was  then  passed  over  informally. 

Doniphan's  expedition. 

Mr.  BRADBURY  from  the  Committee  on  Printing,  to  whom 
had  been  relerrcd  the  resolutions  submitted  on  the  3d  instant  by 
Mr.  Benton,  for  printing  the  tour  or  memoir  of  Dr.  Wislizenns, 
reported  that  there  be  printed  for  the  Senate,  five  thousand  co- 
pies of  the  tour — and  that  there  be  lithographed  a  like  number  of 
the  maps  accompanying  the  same;  also  two  hundred  for  tho  us» 
of  Dr.  Wishzenus. 

The  report  was  coucurrcil  in. 

B.^RO.VE    CANTON. 

The  Vice  President  signed  the  enrolled  bill  to  aulhoriz*  tha 
issuing  of  a  register  to  the  barque  Canton. 

ADJOURNMENT, 

On  motion  it  was  ordered  that  when  the  Senate  adjourn  it  b«  t» 
Monday  next. 

THE    TEN    REGIMENT    BILL. 

The  Senate  resumed  the  consideration,  on  its  third  reading,  of 
the  bill  to  raise  for  a  limited  time,  an  additional  military  force. 

Mr.  PEARCE. — It  would  have  been  agreeable  to  me  if  I  could 
have  deferred  for  a  few  days  the  remarks  which  I  projiose  to  mako 
in  referrence  to  the  subject  now  under  consideration  of  the  Senate. 
Like  my  colleague,  however,  I  shall  be  compelled  to  be  absent  for 
a  few  days  on  business,  and  I  have  therefore  to  throw  myself  on 
the  indulgence  of  the  Senate. 

With  much  that  my  colleague  has  said  in  that  part  of  his  re- 
marks which  he  addressed  to  the  Senate  on  the  second  day.  I  cor- 
dially agree,  but  there  are  other  points  in  dispute,  upon  wliich  his 
opinions  and  mine  are  wholly  and  widely  variant.  I  regret  this 
variance,  not  only  because  we  represent  a  common  constituency, 
but  because  I  have  long  entertained  for  my  colleague  such  high  res- 
pect and  regard,  that  it  is  painful  for  me  to  differ  with  him  here  on 
any  subject ,  and  particularly  painful  to  have  a  collision  of  opinion 
upon  a  question  of  such  fundamental  importance. 

I  had  occasion,  sir,  at  the  last  session  of  the  Senate  to  present 
to  this  body  my  views  upon  a  part  of  this  subject,  and  if  it  had 


108 


THJ  TEK  REGIMENT  BILL. 


[Thursday, 


been  my  coUeapfUc's  purpose  to  controvert  the  position  whifh  I 
then  assumed,  and  overthrow  the  arguments  which  I  endeavored 
to  sustain,  he  could  not  have  addressed  himself  more  directly  to 
the  purpose  th^in  he  has  done.  Sir,  I  do  not  onmplain  ol'  this.  But 
it  is  a  fact  which  compels  rae  either  to  abandon  the  ground  I  have 
formerlv  taken,  or  to  re-affirm  it  and  sustam  it  as  best  I  may.  Bi'- 
sides,  sir,  the  legislature  of  my  State  is  now  in  session,  my  torni 
of  service  here  is  drawing  to  ii  close,  and  it  is  right  that  I  should 
possess  that  body  fullv  with  the  opinions  I  entertain  upon  this  im- 
portant subject,  that  'they  may  be  the  better  enabled  to  detcrmme 
in  whose  hands'to  place  the  trust  with  which  I  have  hitherto  been 
honored.  Sir,  I  do  not  shrink  from  the  issue  ;  and  1  am  consoled 
bv  the  conviction  that  in  the  opinions  which  I  entc.tain,  and  which 
I'ain  about  to  express,  I  but  reflect  tlie  sense  ot  those  whom  I  lop- 
rjsent.  .       .      ,      ,  f 

Like  my  colleague,  I  am  anxious  to  maintain  the  honor  ot  my 
country,  to  vindicate  ho.-  reputation  from  the  least  blemisli,  and 
particularly  to  rescue  her  from  aiiv  proliable  charge  ol  rapacious 
a^TCSsion,  ofgraspin'r  cupiditv.  and  lust  of  contpiest.  But,  in  my 
opi~nion,  this  cannot  be  done  bv  merely  alfirmmg  the  justice  ol  a 
war,  in  the  justice  and  constitutionalitv  ol  winch  I  have  no  laith  ; 
miicli  less  can  it  be  done  by  sustaining  the  President  in  a  course 
by  which,  in  my  opinion,  we  should  be  practically  subverting  the 
constitution;  wresting  from  Congress,  to  whom  alone  the  coustitu- 
tion  has  confided  them,  the  issues  of  war  and  peace,  making  hini 
the  supreme  controller  of  aQairs— making  hira  in  lact,  if  we  look 
at  the  matter  in  view  of  its  consecpiciices,  the  master  ol  our  late. 
and  the  more  ilangeronsly  so,  because  he  rules  under  the  torm  ol 
free  institutions,  in  the  spirit  of  a  despot. 

Sir,  I  do  not  pretend  to  deny  that  the  United  States  has  just 
claims  an-ainst  JNIexico,  for  indemnity  laie  to  our  citizens;  hut  I  do 
deny  that  those  claims  were  the  cause  of  this  war,  or  that  they 
would  be  the  just  cause  of  any  war.  I  deny  that  they  would  have 
justilied  Congress  in  declaring  war  against  Mexico.  Sir,  war  is 
a  last  and  direful  alternative  of  nations,  the  ultima  ratio  regum, 
and  the  last  resort  of  republics  also.  It  should  never  be  underta- 
ken without  an  unavoidable  necessity.  All  Publicists  tell  us  this. 
The  languase  of  Vattel  is,  that  there  must  be  a  clear  right  cou- 
pled witii  a  sort  of  necessity,  and  this  is  consistent  with  the  prin- 
ciples of  common  se  ise  and  humanity. 

Now,  let  us  see  what  are  the  causes  which  have  produced  this 
war.  The  President  has  paraded  before  us  an  exaggerated  state- 
ment of  these  claims,  as  if  they  were  the  causes  ot  the  war;  and 
yet  he  affirms  that  Mexico  brought  on  the  war  by  her  illegal  and 
unjust  act  by  shedding  American  blood  upon  American  soil.  Sir, 
these  claims  against  Mexico,  for  indemnity  due  to  our  citizens, 
have  existed  for  a  series  of  years,  it  is  true — some  for  a  longer  and 
others  for  a  shorter  time.  But,  1  ask,  if  Mexico  has  resisted  per- 
tinaciously, the  payment  of  these  claims;  I  ask,  if  the  resistance  or 
neglect  to  pay,  on  the  part  of  Mexico,  is  even  comparable  to  that 
which  we  have  experienced  at  the  hands  of  stronger  nations;  and, 
I  ask,  if  it  becomes  us  to  adopt  one  rule  of  right,  one  measure  of 
patience  in  regard  to  a  weak  nation  and  another  rule  of  right  and 
greater  measure  of  patience  in  regard  to  a  strong  and  haughty 
people.  I  trust  there  is  no  Senator  who  will  not  repel  with  scorn 
suen  an  imputation.  Yet,  I  fear,  we  are  about  to  forget  the  rule 
of  eciuality   in  regard  to  this  particular  transaction. 

Now,  in  1839,  Mexico  entered  into  a  convention  with  us,  by 
which  she  agreed  to  form  a  commission  for  the  ascertainment  o 
the  claims  due  to  our  citizens.  That  commission  sat,  and  adjudi- 
cated many  of  the  claims,  but  being  limited  in  point  of  time,  they 
were  not  all  decided.  Some  of  them,  not  receiving  the  confirma- 
tion of  the  commissioners,  were  referred  to  an  umpire,  who 
had  not  time  to  decide,  and  some  were  not  acted  on  at 
all.  Well,  Mexico  did  not  withhold  from  us  or  refuse  the 
payment  of  those  claims  which  were  admitted  by  the  commis- 
sioners. On  the  eontiary,  she  manifested  a  dispo.sition  to  meet 
the  payment  by  levying  forced  contributions  upon  her  citizens 
for  that  purpose,  and  concluded  another  convention  in  1843, 
providing  for  the  organization  of  another  commission  for  the  adju- 
dication of  the  claims  not  settled  by  the  first.  In  consequence  of 
her  embarrassed  condition  and  exhausted  Treasury,  Mexico  was 
unable  to  make  payment  of  the  adjudicated  claims  as  stipulated; 
but  she  entered  into  an  arrangement  with  General  Thompson,  the 
Minister  of  the  United  States,  to  imy  the  claims  by  instalments, 
showing  that  she  acted  in  good  faith,  and  with  no  disposi- 
tion to  withhiild  the  payment.  She  paid  all  the  arrears  of  in- 
terest at  eight  per  cent,  and  three  instalments  of  principal, 
nor  was  it  until  the  negotiation  of  the  Annexation  Treaty, 
ths  expulsion  of  Santa  Anna  from  power,  and  his  exile  from 
Mexico,  that  they  failed  to  make  the  payments.  Whether 
annexation  was  the  cause  of  such  failure,  or  whether  it  aro.se 
from  their  inability  to  pay,  I  cannot  undertake  to  say;  but,  I  think 
the  latter  the  more  probable  cau.se.  One  thing  is  certain,  that 
Mexico  made  great  clforts,  and  if  she  did  not  make  punctual  pay- 
ments. It  was  rather  to  be  attributed  to  her  distres.sed  condition 
than  to  any  want  of  faith.  Well,  who  is  there  who  does  not  re- 
collect that  wo  ourselves,  have  been  delincpient  In  this  way  in  refer- 
ence to  the  claims  of  Great  Britain  against  iis.  I  rcler  to  the 
debts  due  the  British  merchants,  recognized  by  the  treatv  of  1783 
and  not  paid,  I  believe,  for  twenty  years  after  that  date.  Ire- 
member  too,  sir,  that  our  claims  against  Great  Britain  for  the  ne- 
(jroes  carried  oil  at  the  close  of  the  war  of  181'J.  were  not  settled 

finally  till  1S26,  although  provided  for  in  the  treaty  of  peace. 

Who  does  not  leeolleet  the  claims  for  spoliation  by  Naples  and 
Denmark,  and  the  more  remarkable  case  of  spoUntions  by  France 
the  most  llagrant  of  all,  committed  in  the  wantonness  of  power in 


very  scorn  of  our  rights — without  the  slightest  justification,  and 
persisted  in,  repeated  and  boldly  defended  with  the  most  offensive 
eirrontery,  and  yet  endured  by  this  country  through  successive 
administrations  from  1806  until  1831 — when  a  distiniruished  gen- 
tleman, who  was  formerly  a  member  of  this  body,  (Mr.  Rives  of 
Virginia,)  negotiated  the  Treaty  of  Indemnity;  and  then  France, 
adding  further  wrong  to  the  heaped  up  injury  which  we  had  sustai- 
ned so  patiently,  withheld  the  payment  of  the  money  for  four  years 
longer  i  Gen.  Jackson  did,  indeed,  in  1835,  address  Congress  on  the 
subject,  and  suggest  reprisals  as  a  proper  mode  of  redress;  and  he 
asked  three  millions  of  dollars  to  be  placed  at  his  disposal  to  ena- 
ble him  to  act  as  circumstances  might  require.  But  Congress  nei- 
ther adopted  his  recommendation  of  reprisals,  nor  voted  him  the 
three  millions,  and  the  Senate  chose  rather  to  allow  the  defeat  of 
the  fortification  bill. 

Sir,  France  was  not  feeble — bev  treasury  was  not  exhausted  ; 
she  was  the  most  elastic  Power  in  Europe,  as  was  manifested  by 
her  immense  payments  made  t>)  the  allies  after  the  restoration  of 
the  Bourbons.  Yet,  sir,  we  submitted  to  all  this  from  France, 
and  it  was  only  in  1835  that  we  recovered  from  her  the  indemnity 
tha',  was  due  for  spoliations  committed  in  1806  and  1813.  Neither 
was  the  indemnity  which  we  obtained  from  her,  a  complete  and 
full  one.  It  was  a  partial  and  imperfect  indcmnitv.  Our  robbed  . 
merchants  got  only  a  dividend  of  their  claims.  And  yet  we  talk 
of  violated  honor !  and  the  President  rants  about  our  claims 
against  Mexico  !  some  of  them,  by  the  by,  of  a  very  questionable 
character  ;  some  of  them,  in  fact,  grossly  fraudulent,  as  I  have 
been  informed  by  a  distinguished  gentleman  from  South  Carolina, 
and  such  r,s  never  could  be  properly  demanded  by  our  Government 
under  the  treaty  with  Mexico.  I  speak  of  those  contracts  for 
land  upon  which  enormous  demands  for  indemnity  were  founded — 
which  demands  this  Government  was  asked  to  enforce.  Sir,  take 
it  altogether,  and  I  do  say  that  there  never  was  urged  in  a  legis- 
lative "body  so  unreasonable  a  proposition  as,  that  it  is  just  and 
necessary  to  wage  a  war  for  the  mere  procrastination  of  jjayraont 
of  claims  like  these,  against  a  weak  and  impoverished  Govern- 
ment. And  yet  this  is  urged  as  though  it  were  a  sufficient  causo 
lor  war  ;  when  everybody  knows  who  reflects  at  all  upon  the  mat- 
ter, that  such  has  never  been  heretofore  regarded  as  a  justifiable 
cause  of  war.  No,  sir,  I  wil'  tell  you  what  was  the  cause  of  this 
war.  It  was  the  unauthorized  act  of  the  President  in  taking  pos- 
session of  territorv  to  which  this  county  had  no  title — to  which 
Congress  had  not  authorized  him  to  make  claim,  and  against  ma- 
king a  claim  for  which  they  had  warned  him  by  the  very  terras  of 
the  resolution  of  annexation. 

Sir,  my  colleague  has  gone  fully  into  this  question,  and  I  have 
no  doubt,  that  he  thought  he  had  demonstrated  the  correctness  of 
his  position;  but  he  took  good  care  not  to  mention  the  Mexican 
claims  as  being  the  cause  of  the  war.  He  did  not  consider  that 
they  were  the  cause  of  the  war,  however  much  the  President 
paraded  them  in  his  messages. 

Mr.  JOHNSON. — I  never  thought  they  were. 

Mr.  PEARCE. — But  he  put  it  upon  the  ground  that  this  gov 
erumeut  was  bound  to  vindicate  its  title  to  the  territory  up  to  the 
Rio  Grande,  and  he  cites  a  variety  of  facts  which,  as  he  thinks, 
belong  to  the  consideration  of  this  question,  and  wliieh  in  his  opinion 
are  conclusive.  Well,  now  I  think  that  the  facts  which  he  has 
cited— some  of  them  at  least— do  not  belong  to  the  consideration 
of  the  question,  and  that  neither  one  nor  all  of  them  are  conclusive. 
I  think  I  can  demonstrate  this,  and  that  I  can  show  on  the  other 
side  facts  which  are  strong  as  chains  of  adamant.  I  pass  over  that 
part  of  his  speech  in  which  my  colleague  speaks  of  the  revolution 
of  Texas.  Noboily  doubts  the  gallantry  of  those  citizens  of  Texas 
who  achieved  their  independence.  Sir,  as  far  as  their  gallantry  is 
concerned,  their  spirit  of  heroic  adventure,  their  bold  and  daring 
exposure  of  life,  I  believe  there  is  nothing  to  surpass  it.  Nobody 
questions  their  right  to  revolt  from  Mexico  to  establish  an  inde- 
pendent government,  and  to  claim  all  the  territory  over  which 
they  could  extend  and  enfurce  their  jurisdiction.  But  my  colleague 
says  : 

"The  bounil.'iries  of  Coahuila  anil  Tex.is  as  tliese  departments  were  laid  olTinto  on? 
Slate  by  tlie  ronstitution  of  '7^.  was  the  Nueires,  ronning  for  upward  of  one  hunared 
nnies  up  tlial  stream,  and  then  by  a  line  across  from  that  point  to  the  Rio  Grande. 
The  teiritt.rv  below  Uiat  line,  between  the  Nueces  and  llie  Rio  Gran<ie.  was  a  part  ot' 
the  Slate  ol'TamauIii)iis.  Tamaulipas  granted  it  to  various  individuals  liy  what  were 
called  colony-grants,  under  which  many  scUlements  were  made." 

I  make  no  objection  to  this  statement,  sir;  I  only  desire  to  add 
soinething  to  it,  to  make  it  a  little  more  specific.  In  1824,  the  de- 
partments of  Coahuila  and  Texas  were  united,  without  change  of 
their  former  boundaries,  provisionally  as  one  State — it  being  under- 
stood that,  when  Texas  had  strength  and  population  enough,  she 
should  be  made  a  separata  State. 

The  United  State  of  Coahuila  and  Texas  ran  across  the  Rio 
Grande,  but  the  boundary  of  Texas  proper  never  did — her  limits 
stopped  at  the  Nueces.  My  colleague  went  on  to  refer  to  the 
treaty  to  which  Santa  Anna  was  a  party  at  the  time  he  was  pri- 
soner in  Texas  ;  and  he  relied  upon  the  authority  of  that  mis- 
called treaty  as  conclusive. 

Sir,  my  colleague  is  a  distinguished  lawyer;  he  stands  at  the 
head  of  his  profession  in  Maryland,  and  that  is  (iraise  enough  for 
any  man.  He  is  the  successor,  sir,  of  Martin.  Pinkney,  and  Wirt, 
and  wears  their  mantle  gracefully.  But  I  must  express  my  utter 
astonishment  at  hearing  from  him,  that  this  miscalled  treaty  be- 
tween Santa  Anna  and  the  Texas  authorities  is  conclusive  on  the 
question  of  bomidury.    Why,  sir,  it  was  no  treaty  at  all.     Santa 


jCANtJARY    13.] 


THE  TEN  REGIMENT  BILL. 


109 


Anna  was  a  prisoner;  and  if  he  had  not  been,  we  all  know  that  the 
constitution  of  Mexico  contains  a  provision — that  when  the  Presi- 
dent of  the  re|)iiblic  is  at  the  head  of  the  army,  his  civil  functions 
cease.  He  was  in  captivity;  and  if  lie  had  not  been,  he  would  have 
had  no  authority  to  conclude  a  treaty  under  tlie  constitution  of  his 
country,  whicli  is  like  our  own  in  that  respect.  A  treaty,  when 
signed,  requires  ratitiealion  by  the  Senate;  and  a  treaty  made  by 
Santa  Anna  was  of  no  more  value  than  blank  paper.  It  might 
have  had  a  moral  obligation  as  far  as  he  himself  was  concerned, 
but  it  had  not  even  a  legal  obligation  upon  himself,  having  been 
extorted  by  duress. 

Mr.  FOOTE.— Will  the  Senator  allow  me  to  inquire  whether 
he  refers  to  the  constitution  of  1824. 

Mr.  PEARCE. — WUl  the  Senator  have  the  kindness  to  inform 
me  whether  there  was  any  other  constitution  ? 

Mr.  FOOTE.— The  Senator  can  answer  my  my  inquiry  or  not, 
as  he  pleases. 

Mr.  PEARCE.— I  am  not  furnished  with  any  information  as  to 
any  new  constitution.  I  believe  there  was  none.  The  constitu- 
tion of  1824  was  said  to  be  overthrown,  because  its  federal  char- 
acter was  abolished  and  the  central  form  substituted.  It  was  not 
abolished  in  the  whole,  but  only  changed  in  part,  and  therefore  this 
provision  remained  in  (u\\  force.  If  it  were  not  so,  and  the  whole 
constitution  were  destroyed,  then  Santa  Anna  had  no  constitution- 
al power  at  all,  and  could  in  no  manner  bind  his  country. 

Mr.  JOHNSON,  of  Maryland.— Where  do  you  read  from  ? 

Mr.  PEARCE.— I  read  from  a  work  entitled  "  Texas  and  the 
Texans,"  which  I  understand  to  be  the  production  of  the  Senator 
from  Mississippi,  and  one  which  I  have  read  with  great  pleasure. 

"  That  Ihe  President  Santa  Ann.l.  in  his  official  character  as  chief  of  tlie  Mexican 
nation  andtheGenetalsDon  Vicente  Fiiisola.  Don  Jose  Urea,  Don  Joaiimn  Rami- 
res  V  Sesma,  anil  Don  Antonio  Gaona,  as  chiefs  of  armies,  do  solemnly  acknowleilge, 
sanction  anil  ratify,  llie  full,  entire,  anil  ])erfect  inileponilencc  of  the  Republic  ol  lex- 
as,  with  such  boundaries  as  are  hercaller  set  forth  and  ajreeil  upon  for  the  same.  Aiid 
they  do  solemnly  and  respecUvelv  pledge  themselves,  with  all  their  personal  and  olh- 
cial  aUribntes.  to  procure,  withoiit  delay,  the  linal  sndcom|>lncralilicalion  and  conhr- 
raation  of  this  .agrjement.  and  all  the  parts  thereof,  by  the  ]iroper  and  Icmlnnale  rov- 
wnmenl  of  Me.\ico.  by  the  incorporation  of  Uie  same  into  a  solemn  and  peniclual 
treaty  of  amity  and  <0  nincrce,  to  be  negotiated  with  that  government,  at  the  City  ot 
Mexico,  by  m'lnisteis  plenipotentiary  U)  Iw  deputed  by  tlie  govemiuent  of  Texas  for 
this  high  purpose." 

Whv,  I  say,  upon  the  very  face  of  the  instrument  itself,  it  was  not 
a  treaty.  It  was  nothing  else  than  the  personal  obligation  of  San- 
ta Anna.  Now,  allow  me  to  call  the  attention  of  ibe  Senate  to 
the  opinion  of  General  Lamar.  I  understand  that  Santa  Anna  was 
a  prisoner  in  the  hands  of  the  Texans,  and  that  they  were  delibe- 
rating whether  they  should  shoot  him  a-la-Mexique,  try  him  for  of. 
fences  against  the  laws  of  civilized  war,  or  send  him  back  to  Mex- 
ico. N(3W,  what  savs  General  Lamar,  in  the  paper  addressed  by 
him  to  President  Burnet  ? 

Mr.  JOHNSON.— What  is  the  date  of  that  letter? 

Mr.  PEARCE. — It  is  a  letter  from  General  Lamar,  the  Sec- 
retary of  War  of  Texas,  to  the  President  and  Cabinet  of  Tex- 
as, and  dated  12th  May,  1S46: 

*  *  *  "  What  good  can  they  hope  to  result  from  an  extoited  treaty  1  General 
Santa  Anna  is  our  pri-oner  of  war.  and  as  such,  may  be  ready  to  enter  into  any  agree- 
ment which  oar  rights  may  require,  or  our  seltishness  exact,  but,  when  restored  to  hb- 
erty  and  power,  will  he  feel  any  obligation  to  comply  with  terms  which  he  hail  no 
agency  in  dictating  ?  What  he  assents  to  whilst  a  prisoner,  he  may  reject  when  a 
freaman.  Indeed,  the  idea  of  treating  with  a  man  in  our  power,  who  views  freedom 
in  acquiescence,  and  death  in  opposition,  seems  to  me  more  worthy  of  ridicule  than 
refutation.  *  *  *  Withme.  such  pledges  are  lighter  than  the  '  moonshine's  watery 
beam.'  I  trust  them  as  I  would  '  a  dicer's  oaths.'  Init.  independent  of  this  consid- 
eration, it  may  b?  very  well  doubted  whether  Santa  Anna,  witii  every  disposition  to 
fulfil  any  agresment  which  he  may  now  enter  into,  will,  on  his  return  to  Mexico,  have 
the  power  to  do  it.  It  was  public  opinion  which  drove  him  into  war  with  Texas,  and 
the  same  public  sentimiMit,  on  his  arrival  at  home,  may  keep  him  in  the  attitude  of 
ftvowed.  it  not  of  actual  ho>tiliiy  to  this  country,  *  *  *'  The  advantage  [tropo- 
sed  to  bj  gained  trom  his  supposed  or  probable  integrity,  cannot,  of  consequence,  be 
realized,  even  witti  every  willingness  on  tiis  part  to  redaem  his  pledges.  I  doubt  not  in 
the  least,  that  as  soon  as  the  news  of  his  defeat  and  imprisonment  shall  be  sounded 
within  the  walls  of  Mexico,  that  instant  will  be  lost  all  his  aulhoity  in  the  land,  as 
he  has  long  since  lost  the  aficctions  of  his  people.  He  will  b?  powerless  either  for  good 
Drill.  1  am,  therefore,  decidedly  opposed  to  all  negotiation  or  arrangements  with  him  ; 
firel.  b3cau5e  he  is  a  prisoner,  and  not  free  to  act ;  secondly,  because  he  is  faithless  and 
uuwo.-thy  of  coatidsnce  ;  and  thirdly,  because  of  the  L'rea:  certainty  of  his  inabdity  to 
to  fulfil  his  promises,  even  witli  the  desire  to  do  it , " 

Well,  but  my  colleague  says  that  Texas  fulfilled  the  contract  on 
he,,  part.  General  Filisola  accepted  it  and  marched  his  men  back 
to  the  Rio  Granda,  Sac,  So  he  did;  but  that  did  not  constitute  it 
^  treaty,  General  Filisola  not  being  the  ratifying  power. 

It  might  have  been  an  appeal  to  Santa  Anna's  honor;  it  undoubt- 
edly was  so;  but  as  a  treaty,  it  had  no  obbgations;  it  was  a  treaty 
made  by  a  captive,  and  ratified  by  a  runaway;  and,  I  take  it,  sir, 
that  no  validity  will  be  ascribed  to  it  by  any  fair  man  who  under- 
stands the  facts. 

My  colleague  next  relics,  sir,  on  the  action  of  the  Te.xan  Con- 
gress regarding  the  boundary  of  the  State,  and  says,  that  they 
passed  a  law  describing  the  Rio  Grande  as  the  boundary-  I 
should  like  to  know  how  the  mere  act  of  the  Congress  or  legisla- 
ture of  any  country,  can  authorize  the  fixing  their  boundaries  where 
they  please  to  put  them  on  paper;  how  the  declaration  of  any  Con- 
gress or  government  can  make  a  right  or  authorize  a  claim  in 


such  a  case.  It  can  do  nothing  more  than  assert  a  claim,  and  I 
venture  to  go  a  little  further,  and  say  that  I  presume,  that  in  the 
case  of  Texas,  it  was  not  done  bona  fide.  They  did  not  deem  that 
they  were  to  take  in  Santa  Fe,  or  any  of  the  valley  of  the  Rio 
Grande.  They  claimed  a  great  deal  of  territory  in  order  to  secure 
a  part. 

Sif ,  I  do  not  make  this  statement  from  any  personal  knowledge 
that  I  have,  but  I  will  refer  to  the  authority  of  an  honorable  Se- 
nator here,  and  I  beg  leave  to  read  from  a  speech  made  by  the 
lionorable  Mr-  Ashley,  at  the  second  session  of  the  2Sth  Con- 
gress: 

'■.\nd  iiere  I  will  add,  that  tin-  present  boundaries  of  Texas  I  learn  from  Judge 
Ellis,  the  president  of  the  convention  that  formed  the  constitution  of  Texas,  and 
also  a  member  of  the  first  legislature  under  that  constitution,  were  fixed  as  they 
now  are,  solely  and  professedly  with  a  view  of  having  a  iar^e  maririn  i/i  tlie 
negotiation  mttl  Mezico,  and  'not  with  tlie  expectation  of  rclainin  g  Uiem  as  they 
now  exist  in  their  statute  book." 

Sir,  this  authority  is  worth  all  my  colleague's  array  of  proofs. 
But  my  colleague  says,  that  after  the  retre.at  of  Filisola  across 
the  river.  General  Rtisk,  who  was  still  at  the  head  of  the  army  of 
Texas  and  stationed  at  the  Gaudaloupc,  ordered  the  families  be- 
tween that  part  and  the  Rio  Grande  to  retire  to  his  rear,  or  to  re- 
move to  the  western  bank  of  the  river.  The  most  of  them  did  re- 
tire to  his  rear,  but  many  of  the  Mexicans  preferred  to  cross  the 
river  and  settle  on  the  opposite  side.  Now,  sir,  how  was  this  ta- 
king possession  of  the  country  ?  You  may  make  a  solitude,  and 
callit  peace  ;  or  you  may  empty  a  country  of  its  population,  and 
call  it  occupancy  or  possession  ;  but  you  acquire  no  right  by  the 
misapplication  of  terras.  The  portion  of  the  people  friendly  to 
Texas  withdrew  to  the  rear  of  Gen.  Rusk — that  is,  beyond  the 
Guadaloupe,  which  is  further  east,  even,  than  the  Nueces.  Cer- 
tainly, thev  were  not  taking  possession  of  the  country  which  they 
thus  abandoned.  Certainly,  they  were  not  occupying  the  valley 
of  the  Rio  Grande,  when  they  fled  from  it  to  the  east  of  the  Gau- 
daloupc to  avoid  the  horrors  of  a  border  war.  So  the  Mexican 
po])ulation  withdrew  to  the  western  bank  of  the  river,  and  the 
country  was  deserted. 

But  my  colleague  rests  his  argument  upon  the  ground,  that  if 
Texas  had  not  actual  po.ssession,  she  had  it  potentially,  as  Dr. 
Johnson  would  have  said — that  is,  that  she  had  the  power  to  occu- 
|5y  it.  Well,  sir,  I  deny  that  the  power  to  take  possession,  would 
give  a  constructive  possession.  It  is  not  a  legal  position  that  can 
be  maintained.  As  between  individuals,  actual  possession  of  every 
acre  of  a  tract  of  land  is  not  necessary  to  a  right.  If  we  have  the 
title  to  the  whole,  and  the  actual  possession  of  a  part,  the  residue 
not  being  possessed  by  another,  the  actual  possession  of  a  pari 
will  operate  the  constructive  possession  of  the  whole.  It  is  so 
with  nations.  But  Texas  had  no  right  by  possession,  as  I  shall 
demonstrate  to  be  the  case;  and  the  mere  power  to  pos.sess,  if  she 
had  been  able  to  take  and  maintain  po.ssession,  which  I  do  not  ad- 
mit, would  not  give  a  constructive  possession.  A  right  to  the 
whole,  coupled  with  a  possession  of  a  part,  would  answer.  But 
Texas  was  a  revolutionary  government,  and  could  not  divest  the 
title  of  Tamaulipas  and  other  Mexican  States  to  the  lands  lying 
within  their  respective  and  undoubted  limits,  except  by  taking  and 
holding  possession.  This  she  never  did,  either  by  her  settlers  or 
her  soldiers,  for  the  occasional  passage  of  troops  across  the  coun- 
try was  not  possession;  and,  in  fact,  the  Mexicans  crossed  it  thus, 
as  well  as  the  Texilns.  Predatory  excursions  and  border  forays 
were  never  held  to  make  a  possession. 

But  my  colleague  says  that  General  Rusk,  for  the  purpose  of 
facilitating  the  removal  of  tlio.se  occupying  the  countr)'  and  of 
watching  the  movements  of  the  Mexican  army,  and  preparatory  to 
an  advance  rpon  Matamoras,  dispatched  General  Felix  Houston 
with  a  sufficient  force  to  take  possession  of  Corpus  Christi,  and 
that  was  done.  This  was  true  sir;  and  this  is  a  good  point — I 
mean  as  to  the  right  of  Texas  up  to  that  limit  which  indeed  I  freely 
admit  to  have  been  the  frontier  of  Texas.  Beyond  this  they  did 
not  so,  beyond  th's  they  had  no  possession  in  the  legitimate  sense 
of  tiie  word,  and  therefore  I  deny  that  the  establishment  of  the 
port  at  Corpus  Christi  established  the  claim  of  Texas  up  to  the 
iiio  Grande. 

Texas  had  no  establishments  there;  she  had  erected  no  forts,  she 
had  no  civd  officers  in  that  country;  no,  I  believe  not  so  much  as  a 
justice  <if  the  (leace  or  a  constable.  But  it  is  said  as  proof  of  pos- 
session of  this  country,  that  at  an  eleciion  held  at  Corpus  Christi 
in  1842 — certain  settlers  came  from  the  disputed  terrilorv  and  voted. 
And  it  is  asserted  that  Texas  thereby  and  then  established  her 
authority,  not  wheri  they  voted,  but  where  they  did  not  vote. — 
Well,  I  assert  exactly  the  reverse,  and  I  ask  whether  if  her  author- 
ity had  been  established  on  the  Rio  Grande  she  would  have  re- 
quired her  citizens  to  travel  150  miles  to  give  their  votes.  Why, 
if  Texas  had  established  any  au'hority  or  jurisdiction  on  the  Rio 
Grande,  she  wouli  at  least  have  had  the  election  so  held  as  to  ac- 
commodate these  poor  fellow's  who  were  so  desirious  of  exercising 
the  elective  franchise.  Now,  I  care  not  whether  these  people  went 
to  Cori  lis  Christi  to  vote  or  not — nobody  knows  who  they  were  or 
whence  they  cam5,  how  they  were  induce'l  to  come,  whether  they 
were  the  poor  fishermen  of  Padre  Island,  or  straggling  herdsmen 
who  attended  their  flocks  like  the  Nomades  of  the  eastern  world. 
The  whole  thing  wants  precision  to  make  it  valuable  as  a  fact,  and 
if  Tcxa^ad  not  even  an  election  precinct  on  the  Rio  Grande  coim- 
try,  tharef  itself  is  sufficient  proof  that  she  had  no  establishment 
there  which  could  constitute  possession. 

The  other  fact  which  my  colleague  cites  as  an  authority  to  prove 
the  right  of  Texas  is  what  he  stated,  on  the  authority  of  the  Sena- 


110 


THE  TEN  REGIMENT  BILL. 


[Thuesday, 


tor  from  Texas,  that  certain  purchaser  of  the  colony  grants  of 
Tamaulipas  had  their  deeds  recorded  in  Texas.  We  do  not  know- 
where  they  were  executed  and  acknowledged.  This,  too,  wants 
precision,  detail,  and  finish,  to  give  it  certainty  and  make  it  avail- 
able. But  suppose  that  be  so,  and  what  does  it  amount  to  more 
than  this,  that  some  shrewd,  hedging  I'elknvs,  knowing  that  the 
country  was  claimed  by  Texas,  and  supposing  it  might  one  day  be 
acquired  by  it,  thought  it  prudent  to  have  these  deeds  rc('orded  in 
Texas,  as  well  probably,  as  at  Matamoras,  as  future  evidence  ol 
their  title.  The  fact,  indeed,  is  stated  a  little  too  broadly,  for  it  is 
said  this  was  done  as  far  back  as  1S34;  when,  in  fact,  the  revolu- 
tion in  Texas  only  took  place  in  1835.  At  all  events,  assummg 
the  fact  in  its  fullest  extent,  it  only  proves  that  Texas  had  no  clerks 
nor  record  officers  in  this  region  of  150  miles  brcudth. 

My  colleague  says  that  no  IMexican  authorities  were  to  befound 
there,  and  that  Mexico  had  lost  the  right  she  once  had  Ivow  I 
propose  to  refer  to  a  few  authorities  to  show  you  the  other  side  ol 
the  question;  and  I  think  that  these  authorities  cannot  be  over- 
thrown.  I  shall  invoke  first  the  authority  of  the  Senator  Irom 
Missouri,  whose  elaborate  research,  and  whoso  acciu-ate  and  mi- 
nute information,  have  been  tl/c  boast  of  his  Incnds  and  the  admira- 
tion of  his  opponents.  Now  let  me  read  from  a  speech  made  by 
that  Senator  after  the  formation  of  the  annexation  treaty.  It  will 
be  recollected  that  he  intiodueed  a  bill  for  the  annexation  ol  lexas, 
and  in  that  bill  he  submitted  several  propositions  as  the  bases  ot 
his  proposed  arrrangement.  Here  is  what  he  say.s  on  the  subject 
of  boundary  : 

"  The  bill  wliicli  1  ask  leave  to  bfing  in,  besi.lpji  anlliorizins;  .anil  requesting  the 
President  to  treat  with  Mexico  ami  Texas  lor  an  adinstmcnt  ol  buiin.lanes  and  or 
the  annexation  of  the  latter  to  the  North  American  Onmn,  proposes  some  bases  tor 
the  treaties  exacted  lo  be  ma.le.  Boundary  is  one  ol  these;  and  in  Urn  the  basis  con- 
forms to  the  ■■t'ocranhical  divisions  of  the  country- to  our  natural  and  proper  hmite— 
to  the  line  first  indicated  in  President  Jackson's  proposition  as  commnnieated  by  Mr. 
Van  Buren  to  Mr.  PoinseU  in  1S20;  and  it  conli)rni«  to  ttir,  bnnndair  designated  m 
Mr  Randolph's  report  in  ISHi.  and  to  the  n-sohuion  ol  Ihe  House  of  Representatives, 
adopU'd  in  nursuance  to  that  report,  and  alieaily  read  to  the  Senate  Leaving  the 
Rio  Grande  and  aU  its  valley  ami  waters  to  Ihe  Mexicans,  and  lie  Mississippi  val- 
lev  and  all  its  waters  to  the  United  States,  it  proposes  In  follow  tlie  mountain 
heights  from  nearthe  .SoiTH  Pass,  in  the  Kocky  mountains,  called  Fukmont  s  Pass, 
ill  tiie  map  of  the  lo|iographical  bnrean,  along  the  Scicrra  obscnra.  (Dark  mountain.) 
until  it  subsides  into  a  |ilaili  as  it  apiiroaches  tlio  Gulf  of  Mexico;  •ind  t hen  reachin" 
the  gulf  bv  a  line  in  the  desert  prairie  to  the  west  of  the  Rio  Nueces,  (Walnut  river.) 
This  IS  the  boundary  bclweeu  flic  I'nited  States  and  Mexico  pointed  out  by  the  finger 
or  nature,  agreed  n()on  by  eminent  stalosmen.  as  proper  for  Mexico  as  for  ourselves, 
and  written  down  in  the  book  of  fate,  and  Die  law  ot  iialure,  a.s  the  true  and  perma-  • 
nent  boundary  between  the  two  first  powere  of  the  New  WoRLr.  Soon  or  late,  that 
boundarv  wilt  lie  established. 

The  Rio  Grande  del  Norte  (Great  River  of  the  North)  is  a  Mexican  river  by  position 
and  possession,  and  to  the  Mexicans  may  it  forever  belong.  The  Mississippi,  and  all 
its  waters,  are  ours,  and  to  us  the  dismemhereil  jiarls  must  return.  The  country  east  ■ 
of  tlie  Nueces,  (and  including  il.)  from  position.  g,-ograpbical  afbnities.  soil,  products, 
and  natural  deiiendeiiee.  is  ap|iurteiiant  to  the  valley  of  the  Mississippi;  and  must  and 
will  go  where  congruity  and  homogeiiiality  attract  it.  No  wise  man,  in  an  age  of 
commerce,  wants  a  great  river  (beyond  its  natural  frontier)  for  a  national  boundary;  it 
is  a  boundary  fruitful  ol  expense,  and  of  everv  species  of  collision  and  collusion.  A 
monntain  and  a  desert  plain  is  far  better;  and  these  we  have  between  us  and  Mexico; 
and  it  would  be  just  as  unwise  for  us  to  project  a  segment,  or  a  salient  angle,  of  our 
frontier  across  tiiis  plain  and  mountain  into  iJie  natural  limits  of  Mexico,  as  it  would 
he  in  her  to  make  the  same  projection  of  a  seginent,  or  angle  of  herself,  across  the 
same  plain  and  mountain,  int«  our  natur.al  dominion," 

Sir,  it  is  not  in  the  Senate  only  that  this  doctrine  has  been  an- 
nounced. 1  find  a  distinguished  member  in  the  other  house,  in  a 
n'])ort  made  by  him  in  regard  to  the  Texas  question,  made  an  im- 
portant confession. 

On  thti  3d  of  January,  1845,  Mr.  Ingcrsoll  in  his  speech  said  : 

t'The  stupendous  deserts  between  the  Nueces  and  Ihe  Hravo  rivers  are  the  natura 
boundaries  between  the  Anglo-Saxon  and  Mauritanian  races.  There  ends  the  Valley 
of  the  VVest— there  Mexico  liegins." 

This  is  the  opinion  of  the  Chairman  of  the  Committee  on  Fo- 
reign Affairs  of  the  other  house.  Now,  let  me  turn  to  another  au- 
thority. I  propose  to  read  from  a  letter  from  Mr.  Donaldson,  our 
Charge  d'Alfaires  at  Texas,  to  Mr.  Buchanan,  Secretary  of  State  : 

"It  isthe  policv  of  those  who  are  on  the  side  o'"  Mexico  in  the  present  crisis  to 
throw  upon  the  United  States  the  responsibility  of  a  war  for  the  country  between  tlie 
Nueces  and  the  Rio  Grande.  That  territory,  you  are  aware,  has  been  in  the  posses- 
sion of  both  parties.  Texas  has  held  in  peace  Corpns  Christi.  Mexico  has  held  San- 
tiago.    Both  parties  have  had  occasional  possession  of  Loredo,  and  other  higher  points. 

"Mexico,  however,  has  threatened  a  renewal  of  the  war  for  the  w  hole  of  Texas,  if 
she  accepts  the  proposals  tiir  annexation  to  Ihe  Union.  If  she  undertakes  such  an  ex- 
pedition.she  of  course  puts  upon  the  hazard  ot  war  the  whole  claim,  and  gives  us  the 
right  of  going  not  only  to  the  Rio  Grande,  but  wherever  else  we  may  please." 

At  page  78  of  the  same  document,  in  a  letter  of  Mr.  Donaldson, 
the  Secretary  of  State  of  Texas,  I  find  tlii.s  : 

"My  position  is,  tjiat  we  can  hold  Corpus  Chrisli,  and  all  oilier  jioinls  up  the  Nueces, 
If  attacked,  Uie  right  of  defence  will  autjiorise  us  to  expel  the  Mexicans  to  the  Rio 
(irande. 

"  Il  is  lietter  for  us  to  .await  the  .-ittack  than  run  the  risk  of  embarrassing  the  cpies- 
tion  of  annexation  with  the  consequences  of  immediate  possession  of  the  territory  to 
the  Rio  Grande.     Yon  will  find  that  I  have  guarded  every  point," 

He  had  no  idea  of  the  advance  of  the  army  to  the  Rio  Grande, 
or  of  an  attack  upon  Mexico.  He  appears  to  have  acteci  with 
such  citiition  and  jirudence  its  became  his  position.  "  The  right  of 
defence  would  aiitlicuize  us  to  expel  the  Mexicans  to  the  Rio 
Grande."  Sir,  how  expel  the  Mexicans  to  the  Rio  Grande,  if  Tex- 
as had  possession  up  to  that  river  ?  Here  you  have  the  authority 
of  your  own  negotiator  for  the  fact,  that  Mexico  held  this  territo- 
ry and  not  Texas.  But  you  have  the  same  authority  in  a  dozen 
places. 

"  The  oeeupalion  of  the  country  between  the  Nueces  and  theJRio  Grande,  vou  are 
awai«,  isadixpnttsl  question.  Texas  holda  Corpus  Chrisli — Mexico  holds  the'Brazos 
tic  SontioffO,  near  the  mouth  of  ttie  Rio  Grande.    The  threatened  invasion,  however 


of  Texas,  is  founded  npon  the  assamption  that  she  has  no  territory  independent  of 
Mexico. 

"  Yon  can  safely  hold  possession  of  Corpus  Chrisli  and  all  other  points  np  the  Nue- 
crt  :  and  if  Mexico  alleuiiit  to  dislodge  yon,  drive  her  beyond  the  Rio  Grande." 

Mr.  JOHNSON.— Disputed  question. 

Mr.  PEARCE.—'' Disputed  question."  So  it  was,  sir.  And 
while  it  was  a  disputed  question,  he  shows  what  part  was  in  pos- 
session of  Texas  and  what  part  in  possesion  of  Mexico  : 

**  You  will  have  observed  that  in  my  correspondence  witli  this  government  there  has 
been  no  disciLssion  of  the  question  oi' limits  Delween  Mexico  and  "Texas.  "The  joint 
n-solntion  of  our  Congress  left  the  question  an  open  one,  and  the  preliminary  proposi- 
tion made  by  this  government,  under  tlie  ausjiices  of  the  British  and  French  govem- 
ineuLs,  as  the  basis  of  a  definite  treaty  with  Mexico,  left  the  question  in  the  same  stale. 
And  although  this  government  has  since  indicated  a  point  on  the  Rio  Grande  for  the 
occupation  of  our  troops,  I  did  not  consider  this  circumstance  as  varying  the  question, 
since  the  President  but  a  few  weeks  before  issued  a  proclamation  suspending  hostilities 
between  Texas  and  Mexico,  the  practical  effect  of  which  was  to  leave  the  question 
precisely  as  it  stood  when  our  joint  resolution  passed — Mexico  in  possession  of  one  por- 
tion of  the  territory,  and  Texas  of  another.  *  *  *  ^^f,  proclamation  of 
a  truce  berween  the  two  nations,  founded  on  propositions  mutually  acceptable  to  them , 
leaving  the  question  of  boundary  not  only  an  open  one,  but  Mexico  in  possession  of 
the  east  bank  of  the  Rio  Grande,  seemed  to  me  inconsistent  with  the  expectation  that 
in  defence  of  the  claim  of  Texas  our  troops  should  march  immediately  to  that  river. — 
What  the  E.xecutivc  of  Texas  had  determined  not  to  tight  for,  but  to  settle  by  uegoli- 
alion,  to  say  the  least  of  it,  could  as  well  he  left  to  the  United  Slates  on  the  same 
conditions.  ********* 

*  *  *  "  I  at  once  decided  tliat  we  should  take  no  such  position,  but  should 
regard  only  as  within  the  limits  of  our  protection  that  jiorlion  of  territory  actually  pos- 
sessed by  Texas,  and  which  she  did  not  consider  subject  to  negoUation." 

If  it  had  been  in  the  occupation  of  Texas,  would  she  have  been 
obliged  to  fight  for  it  ?  Sir,  the  inconsistency  is  too  palpable  to 
make  it  necessary  any  longer  to  dwell  upon  it.  Again,  he  says  at 
page  90  : 

"  There  were  many  circumstances  making  it  inexpedient  in  my  judgment,  af- 
ter the  issue  of  the  proclamation  referred  to,  for  Texas  to  attempt  a  forcible  possession 
of  the  Rio  Grande,  relying  on  the  aid  of  the  United  States  to  maintain  it." 

Why,  attempt  to  obtain  pos-session  if  she  already  had  it, 
and  if  she  had  not,  what  becomes  of  the  argument?  Sir,  the  ar- 
gument is  scattered  to  the  winds  by  the  testimony  of  our  own 
agents,  which  we  cannot  controvert,  and  which  we  cannot  doubt. 
I  itiight  as  well  give  the  Senate,  perhaps,  some  additional  autho- 
rities. I  find  these  facts  recognized  by  the  Secretary  of  War,  as 
well  as  by  Senators  and  oiu-  Diplomatic  agents.  I  find  in  a  letter 
.  of  the   Secretary  of  War  to  General  Taylor,  of  July  30,  1845  : 

'■The  Rio  Grande  is  claimed  to  be  the  boundarv  between  the  two  eonntries,  and  up 
10  Ibis  boundary  you  arc  to  exlenil  your  protection,  only  excepting  any  posts  on  the 
eastern  sidethereof^  which  are  in  the  aetoal  occupancy  of'Mexican  forces,  or  .Mexican 
settlements  over  which  the  republic  of  Texas  did  not  exercise  jnrisrUction  at  the  period 
of  anuexalion,  or  shortly  belbre  that  event." 

And  another  letter  of  our  Secretary,  to  the  same  officer, Vas  as 

follows  : 

War  Department,  July  8, 1845. 

Sir  ;  Tliis  department  is  informed  that  Mexico  has  some  military  establishments  on 
the  east  side  of  the  Rio  Grande,  which  are,  and  for  some  time  have  beeu,  in  the  actu- 
al occupancy  of  her  troojis.  In  carrying  out  tlie  instructions  heretofore  received,  you 
will  be  carelnl  to  avoid  any  acts  of  aggression  unless  an  actual  state  of  war  should  ex 
ist.  The  Mexican  forces  at  the  posts  in  their  possession,  ami  which  have  been  so,  wll 
not  be  disturbed  as  long  as  the  relations  of  jieace  between  the  United  States  and  Mex- 
ico continue. 

\VM.  L.  MARCY. 

Brig.  Gen.  Z.  Taylor.  • 

Well,  now  sir,  you  will  recollect  that  in  bis  march  be  was  met 
at  San  Colorado  by  officers  who  remonstrated  against  his  passage; 
and,  at  San  Isabel  he  found  that  the  custom  houses  had  been  set 
on  fire.  How  did  this  happen,  if  Texas  had  possession  of  this 
country  ?  How  did  it  hapjien  that  he  found  none  but  Mexicans 
there,  burning  their  houses  and  flying  from  his  troops  ?  The  Texans 
were  om'  friends.  They  would  not  have  fled  from  friendly  forces 
and  burned  their  houses  as  if  our  troops  were  barbarians  coming  to 
waste  with  fire  and  sword.  No,  they  were  Mexicans.  Well,  our 
tinny  encamped  where  ?  In  the  Mexican  corn  and  cotton  fields 
bordering  the  river;  they  placed  their  batteries  on  the  bank  of  the 
river  commanding  the  city  of  Matamoras  so  as  to  spot  any  house 
in  the  town.  So  wrote  our  officers  from  the  very  place.  Sir,  the 
Senator  irom  Missouri  well  said,  that  such  an  act  as  this  was  an  act 
of  unparrallcd  outrage,  a  seizure  of  a  slice  of  the  Mexican  Republic. 
I  will  mention  another  fact  in  connection  with  this  sitlijoct,  which 
is  worth  remembrance.  It  is  this — -that  Texas  framed  a  now  con- 
stitution, when  she  came  into  this  Union  ;  and  took  especial  care 
not  to  specify  her  boundaries.  I  looked  over  it  to-day,  and  found 
that  she  has  left  that  matter  entirely  open,  because,  I  presume,  the 
act  of  annexation  by  which  she  came  into  the  Union,  made  provi- 
sion for  the  establishment  of  the  boundary,  by  the  government  of  tho 
Union.     Sir,  tho  first  of  these  annexation  resolutions  provides. 

(The  first  resolution  provides.  That  Congress  doth  consent  that  the  territory  proj^r- 
ly  iiicbided  within,  and  rightfully  belonging  to,  the  repubhc  of  Tex-as,  may  be  erected 
into  a  new  State,  to  be  called  tile  Stale  ot*^ Texas,  wiUl  a  republican  form  of  govem- 
iiient,  to  be  adopted  by  the  people  of  said  republic,  by  deputies  in  convention  nssem- 
bh'tl,  with  the  consi'iit  of  tile  existin"  government,  in  onler  that  the  same  may  hcad- 
nulled  as  one  of  the  States  of  this  IJliion. 

That  tJie  foregoing  consent  of  Congress  is  given  npon  the  condition,  that  tlie  said 
Slate  lie  formed,  subject  to  the  atljustment  by  this  Government  of  all  questions  of 
boundaiy  that  may  arise  with  other  governments, J 

Now,  why  were  these  words  introduced  into  that  resolution  ? — 
Did  not  the  speech  of  the  Senator  from  Arkansas,  from  which  I 
have  read,  furiiisli  a  key  to  this  mystery,  which  seems  to  have  op- 
pressed the  minds  of  some  gentlemen  !  That  Texas  was  not  ad- 
mitted witli  tho  limits  which  she  had  prescribed  for  herself,  but 


Januaky  13. J 


THE  TEN  REGIMENT  BILL. 


Ill 


with  such  as  might  be  rightfully  aud  properly  assigned  to  her,  to 
be  subject  to  settlement  by  negotiation  with  this  government,  is  as 
clear  as  any  proposition  can  be. 

Mr.  CALHOUN.— Will  the  Senator  yield  the  floor  that  I  may 
make  a  short  explanation  in  reference  to  that  treaty  ?  It  is  a 
treaty  which  I  negotiated  in  reference  to  the  admission  of  Texas, 
and  which  was  rejected  by  the  Senate. 

In  making  that  treaty,  and  entering  into  it,  I  by  no  means  assu- 
med that  the  Rio  del  Norte  was  the  western  boundary  of  Texas. 
On  the  contrary,  I  assumed  that  the  boundary  was  an  unsettled 
one  between  Mexico  and  Texas.  No  provisions  were  made  in  re- 
ference to  it,  because  Texas,  by  the  provisions  of  that  treaty,  was 
to  come  into  the  Union  as  a  territory  ;  and  as  such,  the  right  of 
the  government  of  the  United  States  to  settle  the  boundary  was 
unquestionable  ;  there  was  an  express  provision  to  that  effect.  It 
was  different  in  reference  to  the  resolutions  under  which  Texas 
was  actually  admitted  into  the  Union.  They  proposed  to  admit 
her  as  a  State,  not  as  a  territory  ;  and,  coming  in  that  character,  it 
would  have  been  necessaiy  to  have  had  the  consent  of  Texas  to 
estabbsh  a  boundary  between  her  anil  Mexico.  Those  resolutions, 
to  avoid  the  difficulties  which  might  result,  very  properly  contained 
a  provision  which  provided  that  the  matter  in  dispute  should  be 
settled  by  the  government  of  the  United  States. 

I  am  far  from  thinking  that  the  treaty  which  I  negotiated,  es- 
tablished the  Bel  Norte  as  the  boundary.  Immediately  after  the 
negotiation,  I  despatched  a  messenger  to  our  chargfi  in  Mexico, 
and  among  other  things,  intimated  to  him  that  the  government  of 
the  United  States  was  prepared  to  settle  the  boundary  on  the  most 
liberal  terms.  What  boundary  was  c-oiitemiilated  at  the  time,  it  is 
unnecessary  to  state,  and  would  be  improper,  perhaps,  on  the 
present  occasion. 

Mr.  SEVIER.— If  the  Senator  from  Maryland  will  indulge  me  a 
moment,  I  would  here  remark,  that  when  the  treaty  was  before 
us,  the  Senator  from  Missouri  some  time  in  April,  introduced  a  re- 
solution calling  on  President  Tyler  to  furnish  us  with  the  bounda- 
ry Une  of  Texas.  That  call,  if  I  remember  right,  was  referred  to 
the  State  department  and  we  had  in  response  a  map  now  on  tile, 
defining  the  boundary  with  broad  blue  lines,  from  the  mouth  of  the 
Rio  Grande  to  its  sources.  To  strengthen  our  position  as  friends 
of  the  measure  of  annexation,  we  were  furnished  also,  with  a  me- 
moir, giving  us  the  quantity  of  land  then  claimed,  the  billions  of 
acres,  and  thousands  of  square  miles,  computing  the  whole  of  it, 
from  the  mouth  to  the  source  of  that  river.  That  was  the  bounda- 
ry for  which  we  contended  at  that  time.  There  was  a  difficulty 
about  this  boundary.  Will  the  Senator  pardon  me  a  few  moments 
longer  ?  Those  of  us  who  supported  the  treaty,  never  had  the 
slightest  difficulty  in  our  own  minds,  as  to  the  title  to  that  portion 
of  the  country  below  New  Mexico,  or  the  Sante  Fe  country  ; 
about  that  portion,  we  did  have  some  difficulty,  as  we  thought  it 
a  fair  subject  for  negotiation,  and  we  went  upon  the  ground  that 
it  was  held  by  revolution — that  the  arms  of  Texas  had  conquered 
it. 

I  would  observe,  that  a  former  Senator  from  South  Carolina, 
[Mr.  McDuffie,]  and  Mr.  Walker  of  the  Treasury  Department, 
who  were  advocates  with  him  of  the  treaty,  never  heard  from  him 
or  Tyler,  or  any  one  else  in  favor  of  the  treaty,  that  the  Nueces 
or  any  other  than  the  Rio  Grande  below  the  Nueces,  was  the 
proper  boundary  of  Texas.  The  map  coming  from  his  own 
Department  to  which  I  formerly  referred,  and  the  constitution 
of  Texas,  both  represented  the  Rio  Grande  as  the  boundary. 
If  there  had  been  a  different  view  entertained  about  the  boundary 
at  that  time,  I  suppose  I  should  have  heard  something  of  it.  I 
may  take  occasion  at  some  future  period  to  dwell  at  length  upon 
this  subject. 

Mr.  PEARCE.— I  have  heard  the  Senator  from  South  CaroUna 
with  a  great  deal  of  pleasure.  I  had  not  forgotten  that  map  of 
Texas,  and  I  think  I  know  all  about  it.  If  I  recollect  distinctly, 
•in  the  memoir  which  accompanied  it,  the  intelligent  ofiicer  who 
made  the  map,  Lieut.  Emory,  stated  that  he  felt  himself  bound  to 
designate  the  boundaries  of  Texas  as  prescribed  in  her  ordinance, 
not  meaning  to  assign  them  as  the  true  boundaries.  It  exhibited 
the  boundaries  as  claimed  by  Texas,  and  I  was  not  unaware  of 
the  position  of  the  Senator  from  South  Carolina  on  this  point  ;  nor 
did  I  mean  to  say  that  the  objection  taken  by  the  Senator  from 
Missouri  properly  appfied  to  this  treaty.  Probably  if  I  had  not 
been  interrupted,  I  should  have  made  the  explanation  which  the 
Senator  himself  has  just  offered. 

But  the  argument  of  the  Senator  from  Missouri  was  conclusive 
to  me  of ^  the  want  of  title  to  the  whole  of  the  country,  from  the 
source  of  the  Rio  Grande  in  the  region  of  eternal  snows,  to  its 
mouth,  in  the  clime  of  perpetual  flowers.  If  the  Senator  from  Ar- 
kansas wUI  pardon  me  the  remark,  I  have  often  heard  him  say, 
that  this  Sante  Fe  country  was  the  weak  point  of  this  case.  I  am 
afraid  he  did  not  characterise  it  exactly  right  after  all,  I  have 
heard  of  such  a  point  as  it  is  elsewhere.  It  is  called  point  no 
■point.  It  has  not  the  semblance  of  argument;  there  is  not  the 
fragment  of  a  fact  to  sustain  it.  He,  himself,  admits  that  Texas 
never  had  a  soldier  at  Sante  Fe,  except  as  a  prisoner.  All  the 
Texans  that  were  ever  there  were  either  taken  prisoners  by  the 
Mexicans  or  killed.  The  Mexicans  had  undoubted  sway  there, 
they  had  dominion  there  for  centuries,  and  the  Senator  from  Mis- 
som-i  knew  that  well;  and  he  stated  that  they  had  possession  of  it 
tor  a  hundred  years  before  La  Salle  ever  saw  the  coast  of  Texas. 
Well,  sir,  we  must  all  admit,  that  the  only  armed  force  in  the  dis- 


puted territory  on  the  lower  as  well  as  the  upper  Del  Norte  was 
a  Mexican  force.  I  allude  to  the  armed  company  at  Loredo,  com- 
missioned by  the  Me-Kican  government.  Very  possibly  the  object 
was  to  protect  the  people  from  Indian  incursions,  as  I  think  I  have 
heard  stated  by  the  Senator  from  Texas  himself. 

Mr.  RUSK. — Loredo  is  in  the  boimds  of  Texas,   as  defined  in 

the  constitution  of  '24. 

Mr.  PEARCE. — I  know  it  is  not  in  Tamaulipas.  It  was  with- 
in the  boundary  of  the  United  State  of  Coahuila,  and  Texas  ;  but 
not  in  Texas  itself.  In  1824  Texas  was  not  yet  created  into  a  se- 
parate State  :  Coahuila  extended  across  the  country,  as  all  the 
maps  show,  to  the  Nueces.  The  only  military  post  then  on  the 
lower  Rio  Grande,  was  the  post  of  Loredo,  at  which  were  stationed 
armed  men,  commissioned  by  Mexican  authority. 

But  my  colleague  referred  to  several  acts  of  Congress  as  au- 
thorities, to  sustain  him  in  his  position.  The  first  act  of  December, 
1845,  extending  the  laws  of  the  U.  States  to  Texas,  was  cited  by 
him  as  one  of  these  authorities.  I  confess,  I  am  at  a  loss  to  know 
how  any  inference  can  be  drawn  from  that,  in  favor  of  our  right,  or 
the  right  of  Texas,  to  the  country  between  the  Neuces  and  the  Rio 
Grande.  It  affirms  no  limits  of  Texas.  As  the  resolution  of  annex- 
ation applied  only  to  Te.xas  as  properly  limited,  so  this  law  provi- 
ded that  over  Texas  proper,  with  her  rightful  limits,  the  laws  of 
the  United  States  shoidd  be  extended.  Well,  then  my  colleague 
referred  to  the  act  of  February  1846,  making  Corpus  Christi  a 
port  of  delivery,  and  Galveston  a  port  of  entry.  But  Corpus 
Christi  was  within  the  limits  which  Texas  maintained  by  force  of 
arms — within  the  bounds  of  revolutionized  Texas  ;  and  undoubt- 
edly we  took  Corpus  Christi  into  the  Union,  when  we  admitted 
Texas,  and  we  had  as  good  a  right  to  establish  a  port  of  delivery 
there,  as  we  had  to  estabbsh  a  port  of  entry  at  Galveston. 
Corpus  Christi  was  the  frontier  settlement  of  Texas,  and  having 
been  always  since  the  revolution  under  her  jurisdiction,  was  as 
little  disputed  as  Nacogdoches  itself.  Here  the  possession  was  un- 
questioned, and  the  title  absolute,  but  tliisfact  could  give  no  colour 
to  the  claim  to  territory  beyond  her  reach  and  not  subject  to  the 
sway  of  Texas,  But  the  act  of  February  2d  1847,  is  also  invok- 
ed in  aid  of  the  argiunent.  Sir,  this  act  was  passed  long  after  the 
war  was  recognized  by  Congress,  indeed  it  was  a  consequence  of 
the  war,  and  cannot  apply  to  a  state  of  things  existing  at  the  com- 
mencement of  hostilities,  It  provided  among  others  for  a  post 
route  from  the  Brazos  to  Fort  Brown.  I  well  recollect  the  history 
of  that  act  and  the  proceedings,  whUe  it  was  pendins  here.  Some 
objection  was  made  to  it,  as  likely  to  be  quoted  in  aid  of  the  boun- 
dary question,  when  it  was  exjdained  by  more  than  one  member. 
Allow  me  to  refer  to  it,  and  to  read  a  lew  remarks  of  the  Honor- 
able Senator  from  Texas  on  the  subject.  When  it  came  here  after 
its  passage  in  the  House  of  Representatives,  it  was  objected  that 
it  might  involve  some  question  as  to  the  boundary  of  Texas: 

Mr.  RUSK  sail!  if  lie  coul'l  suppose  that  this  provision  would  involve  anv  question 
as  to  tlir  houndar)'  ri;^hts  of  Mexico  or  Te.\a5,  he  could  urge  it.  The  establishment  ol 
this  route  would  prevent  the  necessity  the  letters  to  the  army  through  a  circuit  of  five 
hundred  miles.  He  had  another  reason  for  pressing  this  route.  Texas  ever  sinee  her 
annexation  had  been  worse  supplied  with  mail  routes  than  she  was  before.  There 
were  five  or  six  counties  entirely  destitute  of  accommodation  If  the  bill  were  amend- 
ed and  sent  back  to  the  House,  great  delay  must  he  the  consequence  ;  and  Uie  Post 
Master  General  was  now  waiting  for  itii  passage,  to  make  the  necessary  contracts. 

The  honorable  Senator  from  Texas  then  disclaimed  the  view  of 
raising  the  question  of  boundary  on  the  bill? 

Mr.  RUSK. — Will  the  honorable  Senator  allow  me  to  interrupt 
him  for  a  moment  ?  My  remarks  on  the  occasion  referred  to  were 
not  correctly  reported,  although,  it  might  be  said,  they  amounted, 
in  substance,  to  the  same  thing.  What  I  did  say  was,  that  •'  I  did 
not  think  the  bill  under  consideration  involved  the  question  of  boun. 
dary,  but,  if"  other  gentlemen  thought  so,  and  should  move  to  strike 
out  that  portion  of  the  bill,  I  was  fully  prepared  to  discuss  that 
point,  and  could  prove  inoontestibly,  as  I  thousht,  the  right  of 
Texas  to  the  wholee  territory,  down  as  far  as  the  Rio  Grande. — 
The  remarks  were  originally  made  in  answer  to  suggestions  made 
by  an  honorable  Senator  from  Massachusetts  an3  an  honorable 
Senator  from  Rhode  Island. 

Mr.  PEARCE. — The  Senator  says,  that  the  report  is  substan- 
tially correct,  though  not  exactly  so.  I  knew  that  the  question 
bad  been  raised  in  the  House  of  Representatives,  and  that  it  was 
put  on  a  footing  which  I,  myself,  recognised  as  legitimate.  I  find 
that  when  this  bill  was  introduced  into  the  House,  Mr.  Vinton 
moved  to  amend  it. 

Mr.  Vinton  moved  to  amend  the  bill  by  adding  to  the  second 
section  the  following  : 

Provided,  That  nothing  in  this  act  shall  he  understood  to  contain  an  expression  by 
Congress  of  its  opinion  as  to  the  question  of  boundary  between  the  territory  of  Ui'e 
United  States  and  IWexico. 

In  the  discussion  which  followed,  I  find  that  Mr.  Dromgoole 
made  the  following  remarks  : 

Mr.  Dromgoole  resnming,  said  he  supposed  th.it  neither  the  transportation  of  the 
rnail,  nor  the  establishment  of  a  post-ollice,  or  of  a  custom-honre,  were  conclusive 
facts  in  regard  to  a  houndan",  whenever  the  two  nations  should  see  fit  to  enter  into 
negociation  respecting  it.  But  admit  that  this  is  disputed  boundarx-,  and  then  having 
tlie  possession  of  it,  we  have  the  complete  right  to  govern  the  country-  during  the  pos- 
session, even  if  it'be  a  mihtary  possession.  We  have  not  only  tJie  power  to  establish 
post-offices,  post-tonter,  custom-houses,  but  to  introduce  civil  govirnnienlr,  not  only 
on  tliis  side  of  the  Rio  Grande,  but  through  all  the  provinces  of  Mexioo  which  had 


112 


THE  TEN  REGIMENT  BILL. 


[Thursday, 


teen  overrun  by  oor  arms;  we  had  the  right  to  estahlirh  govertimeDts  daring  the  time 
:  we  occopv  ihem.  None  of  these  were  conclusive;  they  were  mere  acts  which  we 
mi^ht  do  because  we  had  possession  of  the  conntry. 

Now,  sir,  this  is  perfectly  ripht,  and  I  may  add  that  it  is  charac- 
teristic of  the  intellisi'nt.  adroit,  and  sliill'iil  parliamentarian  who 
made  the  remark.  It  was  necessary  to  supply  our  army  with  post- 
masters, and  certainly  he  had  authority  to  do  so — the  country  be- 
ing in  our  possession  by  military  occupation.  We  had,  undoubtedly, 
as  good  a  right  to  establish  a  post-route  to  Fort  Brown  as  to  send 
troops  there.  But  I  need  not  argue  this  point  farther.  The 
ground  of  the  pa.ssage  of  the  law  was  not  that  we  had  a  title  to 
the  country,  and  it  cannot  be  invoked  for  that  purpose.  I  t  is  proof 
only  of  our  military  occupation  of  the  country,  of  which  it  was  a 
consequence. 

Well,  now,  the  next  position  to  which  I  ask  tho  attention  of  tlie 
Senate  is  this:  that,  as  we  were  entitled  tn  the  cast  bank  of  the  ri- 
ver— that  being  assumed,  thoush  I  think  I  have  shown  that  it  wns 
not  so — the  President  was  bound  to  march  the  forces  of  the  United 
States  to  the  Rio  Grande,  in  order  to  dispossess  the  Mexicans, 

Mr.  JOHNSON.— I  did  not  say  so. 

Mr.  PEARCE.— I  am  aware  that  the  Senator  did  not  take  that 
position;  it  is  the  lanju.ago  of  the  President  himself,  and   I   find   it 
repeated  in  the  Union  of  to-day.     I  hold  that  if  Texas  liad  a  right- 
ful claim  to  the  country,  it  being  in  possession  ol  Mexico,  this  cive 
him  no  right  to  march  tiie  troops  of  the  United  States  there.    That 
was  an  act  of  war,   which,  under   the  Constitution  of  the    United 
States,  the  President  had  no  right  to  commit;  this  is  solely  at  the 
discretion  of  Congress,  and  is   usurpation  in  the   other  branch  of 
the  government,  no  matter  under  what  circumstances  it  may   be 
done      I  make  this  declaration  under  high  authority.     Let  rao  re- 
mind the  Senate  of  the  example  given  by  the  Senator  from  North 
Carolina,  Mr.  B.vdgkr,  at  tlic  last  .session.     When  Mr.  Jeflerson 
addressed  a  contidential  communication  to   Congress,  and   invited 
their  attention  to  the  condition  of  a  certain  portion  of  the  State  of 
Louisiana,  then  held  by  Spain,  in  violation  of  the  freaty  of  1S03, 
he  represented  to    Congress  that  he  had  tried  negociation  in  vain, 
but  did  not  feel  at  liberty  to  send  the  United  States  forces  into  that 
part  of  Louisiana,  because,   as   he  said,  that  act,  Spain   bein";  in 
possession,    might    change    the    relations    of    the    country,    and 
transfer    them    from    a    state    of  peace    to    a    state    of  war. — 
That  territory  clearly  belonged   unto   us   alone,  but   it  was  not 
taken  possession  of  by  order  of  the  President.     Spain  for   a  long 
time  retained  possession  of  the   port  of  Mobile,  and  the  Florida 
parishes,  as  they  were  called.     Nor  were  the  latter  taken  posses- 
sion of  by  the  arms  of  the   United   States  until  in   1810,  the  coun- 
try was  revolutionized  by  a  set  of  private  adventurers,  who  set  up 
a  government  for  themselves.     In  that  state  of  affairs,  Congress 
not  being  in  session,  BIr.  Madison  issued  a  proclamation  and  took 
possession  ;  because,  otherwise,  as  he  said,  these  parishes  would 
have  been  considered  derelict.     He  took  it  out  of  the  hands  of  the 
private  adventurers  who  had  ousted   the   Spanish  authorities  and 
taken  possession  of  it.     Mr.  Madison  did  not  take   possession  of 
Mobile  till   1813,  after   the  passage  of  the  secret  Act  of  Conirress 
of  that  year,  authorizing  him   to  do  so.     Now  I  say,  then,  upon 
the  strength  of  the  authorities,  that  if  Mexico  had  possession  of 
the  territory,  or  any  part  of  the  territory,  between  the  Nueces  and 
the  Rio  Grande — even  if  they  had  commanded  it  from  the  opposite 
bank  of  the  river,  as  they   might   have  done  at  Matamoras,  the 
President  had   no  right  to  take  possession  of  that  portion  of  it  in 
the   possession  of  Mexico.     This  is  not   the  only  instance  of  the 
forbearance  with  which   this   Government  has  submitted  to  the 
holding  of  country  by  foreign  nations,  claimed  by  us.     How  Ion" 
was  it  before  certain  British  posts  included  within  the  limits  of  the 
United  States  by  the  treaty  of  '83,  actually  come  into  our  posses- 
sion ?     Great  Brittiin  held  them,  I   think,  from '83  till  after  Jay's 
treaty  and  the  defeat  of  the  Indians  by  General  Wayne.     Yet  we 
declared  no  war  against  Great  Britain.     Gen.  Washington  never 
thought  of  sending  an  army  to  take  posses.sion  of  these  posts. 

Mr.  HANNEGAN.— They  were  held  by  Great  Britain  till  '.95. 

Mr.  PEARCE. — A  period  of  tAvclve  vears.  Let  me  refer  also 
'?  ',oS  5°"''  eastern  boundary  ipicstion.  ill  disjiute,  from  the  treaty 
of  83  down  to  the  settlement  by  the  treaty  of  Washington  in  '42 
1  thmk  both  Houses  ol  Congress,  by  an  unanimous  vote,  declared 
our  title  to  tho  boundary  as  we  claimed  it,  and  yet  Great  Britain 
occupied  a  portion  of  the  territory  ;  even  her  military  forces  w^ere 
there,  and  not  only  so,  but  a  citizen  of  tho  United  States  was  ar- 
rested on  the  soil  claimed  by  us,  was  carried  away  and  incarcera- 
ted in  a  British  dungeon,  yet  neither  General  Jackson  durinn- 
who.se  administration  ilie  controversy  existed,  iinr  Mr  Van  Burcif 
during  whose  administration  the  incident,  which  I  have  iust  related 
occurred,  ever  thought  of  inarcbins  tho  United  States  troops  there 
and  takin"  possession  of  the  cuntry.  He  knew  that  Con-rress 
alone  could  authorize  such  a  pr(iceediii<r.  That  dispute  was" set- 
tled by  negotiation,  and  if  one  half  ilie  lorboarance  had  been  exer- 
cised towards  weak  and  prostrate  Mexico,  which  was  manifested 
towards  Great  Britain,  in  that  controversy,  we  should  have  had  no 
•war  -not  a  drop  of  blood  would  have  been  shed,  not  a  dime  in  your 
rrensury,  would  have  been  wasted. 

I  know  another  instance  more  recent,  and  more  fla"riint  Let 
me  remind  the  Senate  of  the  case  of  the  Caroline. °  There  un- 
doubtedly American  blood  wns  shed  upon  American  soil— shed  by 
British  troops— led  by  a  B.itish  officer,  who  was  applauded  and 
promoted  for  the  act;  and  yet  Mr.  Van  Burcn  did  not  take  the  law 
into  his  hands— he  did  not  make  war  against  Great  Britain— he 


did  not  ask  Congress  to  make  war.  That  was  an  act  of  bos' 
tilitv  undoubtedly,  but  Mr.  Van  Buren  was  content  to  settle  the 
matter  by  neaotiation.  I  wish  to  know,  sir,  whether  the  United 
States  intend  to  reverse  the  time  honored  maxim — 

"Parcere  sobjectis,  debellai*  sDperhos  7" 

Shall  we  make  war  on  the  weak,  and  not  upon  the  stron"'?  I  fear 
we  have  forL'otten  that  maxim  in  our  course  towards  Mexico,  and 
tr.ample  upon  her  who  is  least  able  to  resist  us.  I  do  not  doubt 
that  it  is  the  duly  of  the  President  of  the  United  States  to  repel 
invasion  when  made  within  our  acknowledged  limits.  But  I  deny 
that  that  is  war.  I  deny  that  there  can  be  a  state  of  war  proper- 
ly, so  called,  unless  the  Congress  of  the  United  States  have  ex- 
erted their  powers,  and  declared  war.  It  is  not  for  the  President 
to  put  the  country  in  a  state  of  war,  certainly  not  to  invade  a  ter- 
ritory claimed  by  us  without  right,  and  then  to  vindicate  himself 
by  the  declaration,  that  the  territory  of  the  United  States  was  in- 
vaded— that  American  blood  had  been  shed  upon  American  soil. 
Sir,  I  blushed  for  the  President  when  he  made  that  monstrous 
assertion.  Now,  as  to  the  farther  prosecution  of  the  war 
the  President  tells  us  very  distinctly  in  his  message,  that  we 
are  to  have  no  peace  with  his  consent,  until  complete  indem- 
nity shall  be  obtained  from  Mexico — "indemnity  for  the  past 
and  security  for  the  future" — well  characterized  yesterday  by  the 
Senator  from  Delaware,  as  one-half  of  Mexico  for  indemnity  and 
the  other  half  as  security  !  I  agree  with  my  colleague  in  his  de- 
claration, that  in  the  triumphs  of  our  aim.s  we  have  obtained  am- 
ple indemnity.  I  do  not  like  to  boast  of  the  prowess  of  ray  coun- 
trymen, but  certainly  I  have  been  as  much  struck  by  their  achieve- 
ments in  Mexico,  as  by  the  story  of  any  battles  tliat  I  have  ever 
read.  I  know  nothing  to  compare  with  them,  unless  it  be  the  de- 
feat of  the  Russians  at  N.arva  hy  Charles  the  XII  of  Sweden.  As 
to  indemnity  for  the  expenses  ol  the  war,  when,  let  me  ask,  have  ' 
we  ever  sought  compensation  in  danger  from  other  nations  with 
whom  we  have  been  at  war  ?  We  have  had  but  three  wars  :  the 
war  of  the  revolution — a  just  one,  I  take  it — was  the  first  one  in 
which  we  were  engaged,  and  I  do  not  see  why  we  should  not  as 
well  demand  indemnity  for  its  expenses  as  for  the  one  in  which  we 
are  now  involved.  But  nobody  dreamed  of  demanding  indemnity 
for  that  war.  The  war  of  1812  was  a  just  war,  as  I  believe — emi- 
nently a  just  war — provoked  by  British  aggression,  by  the  impress- 
ment of  our  seamen,  by  injuries  in  violation  of  onr  commercial 
rights.  We  waged  that  war  for  three  years,  and  settled  it,  as  I 
suppose  every  body  agreed,  \^•itbout  any  loss  of  national  lienor,  but 
without  receiving  or  demanding  any  indemnity.  We  spent  from 
one  to  two  hundred  millions  in  that  war  and  did  not  ffct  a  penny 
back.  I  never  heard  that  Mr.  Madison  and  his  cabinet,  and  the 
wise  men  who  were  in  this  chamber  then,  and  who  ratiticd  the  trea- 
ty of  peace,  were  reproached  for  sacriticiuir  the  honor  of  the  coun- 
try in  not  obtaining  pecuniary  indemnity.  Sir,  I  despise,  I  scorn  this 
demand  of  pecuniary  indemnity  for  violated  faitli  whether  made  by  an 
individual  or  a  nation.  I  never  heard  of  such  a  thing  amongst  gentle- 
men. I  have  had  the  curiosity  to  examine  Jonah  Barrington's  ac- 
count of  the  celebrated  Kilkenny  Club,  renowned  for  bjing composed 
of  the  most  chivalrous  gentlemen  that  ever  pulled  trigger.  By  their 
rulesthe  reparation  of  personal  insults  and  wrongs  is  reduced  to  a  re- 
gular system.  Every  olVence  was  strictly  defined,  and  the  appropri- 
ate degree  of  punishment  prescribed.  If  the  offence  were  slight, 
the  party  aggrieved  might  be  salisffed  with  an  exchange  of  shots. 
If  .•>.  little  more  aggravated,  it  was  requisite  that  one  part)"  should 
be  blooded.  When  the  offence  was  of  a  very  grave  nature,  some- 
body was  to  be  well  blooded;  and  there  was  scarcely  any  offence 
which  required,  according  to  these  rules  of  chivalrous  honor,  that 
the  combat  should  be  mortal.  Certainly,  in  no  instance,  is  it  re- 
corded in  the  annals  of  the  Kilkenny  Club  that  pecuniary  compen- 
sation was  to  be  demanded  by  the  party  offended.  Sir,  Barrinston 
records  no  instance  in  which  the  offender  was  called  upon  topay 
for  the  powder  and  ball  consumed,  the  pistols  used,  and  transpor. 
tation  to  the  field  of  honor — that  is  to  say,  the  hack-hire  !  Now, 
I  am  unwilling  to  place  a  nation  in  a  lower  scale  than  a  private 
individual;  neither  have  I  one  rule  for  Mexico  and  another  for 
England. 

What  is  the  condition  of  Mexico  ?  Before  I  reply  to  that  inqui- 
ry, let  me  say,  that  I  am  perfectly  disposed  to  demand  of  Mexico 
compensation  in  damages,  not  for  the  violation  of  national  honor, 
but  for  the  injuries  done  to  our  citizens  in  their  coniiiierce.  We 
arc  their  guardians — guardians  of  their  pecuniary  rights,  which 
we  are  hound  to  maintain  as  against  Mexico  and  all  the  world, 
and  to  see  repaired  by  pecuniary  indcmnilication.  I  hold  it  to  be 
perfectly  right  to  demand  indemnity  of  Mexico  on  that  ground.  If 
slie  cannot  give  indemnity  in  money,  let  us  take  it  in  land.  But 
do  not  let  us  make  that  a  pretext  for  robbing  Mexico,  She  is 
prostrate  and  bleeding  at  your  (ect.  Your  armies  have  triumphed 
in  every  combat,  from  that  of  Palo  Alto  to  the  last  battle  at  Cha- 
pultepec.  She  has  been  completely  vanquished — her  towns  storm- 
ed a^id  bombarded — her  seaports  in  your  possession  or  beleaguered 
by  your  fleets — her  government  fugitive  and  your  armies,  in  the 
fashionable  phrase  of  the  day,  "revelling  in  tho  Halls  of  the  Mon- 
tczumas."  What  more  do  you  want  ?  Is  not  this  enough  ?  Did 
you  ever  hear  of  the  bully  who,  when  he  had  knocked  his  man 
down,  thought  it  his  vulgar  duty  to  pull  out  bis  eyes  ? 

Do  you  recollect,  sir,  the  epistle  of  Tom  Crib  to  Big  Ben? 

■'VVJuit  Bcu  !  my  old  hero,  is  tliis  your  renown  1 
ly  this  the  new  go  ? — kitik  a  man  when  he's  down  ? 
VVIien  the  foe  ha'^  knocked  under,  to  tread  on  him  then, 
By  the  fist  of  my  fattier  1  I  blush  for  thee,  Ben." 


January  13.] 


THE  TEN  REGIMENT  BILL. 


113 


Mexico  cannot  brine;  an  array  into  the  field.  Her  revenues  are  ex- 
hansted.  She  is  helpless  and  hopeless,  except  in  your  mercy.  Yet 
you  propose  to  carry  the  war  farther — "into  the  vitals  of  the  coun- 
trv."  Not  satisfied  with  the  blood  already  shed,  do  you  thirst  for 
more  ?  Do  you  desire  more  towns  to  bombard,  fresh  armies  to  de- 
feat ?  When  there  arc  none  of  these  to  be  found,  will  you  rejoice 
in  the  slaujhtcr  of  the  miserable  sruerriloros  ? 

Mr.  President,  let  us  take  care  that  the  dissraceful  sruerrilla 
warfare  of  Spain  be  not  renewed  upon  this  continent !  Is  there 
to  be  no  end  to  this  state  of  thinfts  1  I  do  not  believe  that  the  vi- 
olated honor  of  the  country  requires  such  vindication.  That  honor 
is  in  much  greater  danger  of  being  tarnished  by  our  own  conduct, 
in  the  further  prosecution  ol  this  war. 

But,  it  is  said,  Mexico  must  sue  for  peace  !  Will  you  persist  in 
this,  when  she  is  too  proud  to  sue  for  peace  ?  You  must  know 
that  she  is  an.xious  for  peace.  I  know  that  a  treaty  of  peace  can 
be  obtained  from  Mexico.  I  make  that  assertion  after  a  perusal 
of  the  correspondence  between  the  Mexican  Commissioners  and 
Mr.  Trist.  She  oflTers  ample  indemnity  for  every  thing  but  the  ex- 
penses of  the  war.  She  proposes  to  cede  California,  from  its 
junction  with  Oregon  to  the  thirty-seventh  degree  of  latitude. — 
This  comprises  nearly  two  hundred  thousand  square  miles  of  ter- 
ritory, as  I  have  been  told — thrice  the  territorial  extent  of  Virgi- 
nia, and  larger  than  all  the  New  England  States,  New  York 
and  Pennsylvania  together  ;  aud  it  includes  the  harbor  of  San 
Francisco — the  coveted  object  of  our  desire,  and  which,  sir, 
alone,  is  worth  more  than  the  claims  of  our  citizens  against 
Mexico.  Well,  Mexico  gives  very  sulficient  reasons  why  she 
should  not  cede  more.  She  says  that  Lower  California  commands 
her  province  of  Sonora,  and  that  she  cannot  be  asked  to  give  up 
■what  would  make  her  vulnerable  in  her  weakest  point.  She  can- 
not give  up  all  Upper  California,  because  a  portion  of  it  is  neces- 
sary to  maintain  the  land  communication  between  Lower  Califor. 
nia  and  the  other  portions  of  her  dominions.  She  cannot  give  up 
New  Mexico,  because  the  people  there  are  loyal — they  are  devoted 
to  Mexico.  They  abhor  union  with  this  country.  Slie  cannot, 
therefore,  give  up  New  Mexico.  It  is  cruel  to  insist  that  she 
should  give  it  up.  I  do  not  want  it,  and  with  my  vote,  New  Mex- 
ico will  never  be  added  to  this  Union — never  sir,  never. 

Besides,  it  is  inconsistent  with  the  essential  principle  of  our 
government — the  consent  of  the  government. 

What  were  the  objects  of  the  formation  of  this  Union  let  me 
read  you  sir,  from  the  constitution  : 

"We  The  people  of  the  United  States  in  order  to  form  a  more  perfect  union  estab- 
lishjustice  ensure domesiic  tranquility  provide  for  tlie  eoininon  dei'ence — promote  the 
general  welfare  and  secure  tire  blessings  of  Idrerty  to  ourselves  and  our  posterity  do  ordain 
and  establish  this  constitution  for  the  United  tStates  of  America. 

"To  establish  tmion" — "to  ensure  democratic  tranquility" — these 
were  amongst  the  glorious  objects  for  which  our  constitution  was 
formed.  Sir,  do  you  unagino  that  our  union  will  be  promuteil — 
that  our  domestic  tranquility  will  be  ensured  by  compelling  these 
refractory  communities  to  enter  our  Union,  in  spite  of  all  the  dif- 
ferences of  blood,  religion,  race,  and  color  and  filled  with  mortal 
hatred  of  us  as  they  now  are.  No  man  can  be  so  foolish,  sir,  as 
to  suppose  that  by  such  means  our  union  will  be  promoted.  Is  such  a 
union  possible?  It  reminds  me  of  the  story  in  "Le  Diable  Boiteux." 
You  may  remember,  sir,  the  story  of  the  two  demons,  who  quar- 
relled and  raised  such  an  uproar  in  Lucifer's  dominions,  that  he  was 
compelled  to  interfere.  He  commanded  them  under  infernal  pains, 
and  penalties,  to  embrace  and  swear  to  be  friends  forever.  We 
did  so,  said  the  demon,  and  have  hated  each  other  mortally  ever 
since — such  sir,  will  be  the  consequence  of  that  union,  which  you 
wish  to  bring  about.  Such  will  be  the  fraternal  union,  between 
the  United  States  and  Mexico.  I  see  it  predicted,  sir,  that  if  we 
should  annex  Mexico,  she  would  be  to  us,  what  Ireland  is  to  Great 
Britain  ;  a  perpetual  source  of  bloodshed  embarrassments,  annoy- 
ance, endless  disquietude.  I  do  trust,  that  the  country  will  not 
sanction  such  an  idea — that  the  Senate  will  not  sanction  it — that  in 
the  progress  of  this  discussion,  all  will  come  to  perceive  the  trttth, 
as  I  think  that  I  perceive  it. 

I  have  said  that  in  my  opinion,  we  can  now  obtain  satisfactory 
terms  from  Mexico.  I  do  not  mean  to  s.ay,  that  the  terms  offered 
by  the  Mexican  (commissioner,  were  precisely  such  as  I  would  ac- 
cept, but  they  aflbrd  at  all  events,  a  proper  basis  for  negotiation. 

If  we  do  not  stop  here,  when  and  where  shall  we  stop  ?  Are 
we  to  become  the  ocean-bound  republic,  spreading  over  the  whole 
continent?  That  is  what  some  gentlemen  contemplate.  I  recol- 
lect that  one  very  ultra  gentleman  said  sometime  since,  that  the 
day  was  fast  approaching,  when  "even  China  would  be  a  compo- 
nent part  of  the  United  States  ?  Are  our  dreams  of  ambit'on 
boundless  ?"  If  we  go  on  in  this  way  enlarging  our  boundaries, 
must  wc  not  eventually  be  broken  into  frasrments  ?  Must  we  not 
corae  at  last  to  dissolution,  like  the  circle  in  the  water,  which  by 
"broad  spreading  is  dispersed  to  nought?"  The  bands  which 
unite  our  country,  if  stretched  so  far,  must  inevitably  snap.  We 
must  stop  now  or  never.  If  we  persist  in  this  course,  we  must 
come  to  the  project  of  my  friend  from  Indiana,  (Mr.  Hannf.gan,) 
and  then  I  take  it,  the  dissolution  of  the  Union  would  lie  inevitable. 
I  do  not  know  that  in  such  a  case  the  event  would  be  matter  of 
regret. 

Let  me  trouble  you,  with  a  few  words  more  on  the  subject  of 
the  expenses  of  this  war  ,  in  coimeetion  with  the  bill  more  immedi- 
ately the  subject  of  discussion.  I  have  examined  tho  statement  of 
the  Secretary  of  the  Treasury  for  this  year,  and  I  find  that  the 
expenses  of  the  current  year,  taking  tho  quarter  which  has  expir- 

30th  Cong. — Isx  Session— No.  15. 


ed,  will  amount  to  seventy-five  millions.    I  confess  I  was  startled 
when  1  saw  the  statement.     The  Secretary  says  : 

That  the  total  receipts  and  means  for  the  year  ending  Jone,  1S48 

are  est  i  mated  at        -------.'.  '  542,886,545  80 

The  expenditures  for  the  first  quarter,  which  are  as- 
certained, liein; §16,469,194  69 

And  the  estimated  expenditures  for  the  rest  of  the 

year  being  as  follows : 
Civil  list,  forei^Tu  intercourse,  and  miscellaneous      -      $5,436,180  42 
Army  proper,  including  volunteers  _         .         .      19,0-^0,865  5^ 

Fortifications,  rrdnance,  arming  militia,  &c.   -        -        2.036,44f>  JjO 

Indian  department -        -        l,720,(ifiO  '2fi 

Pensions I,0fi3,5i1  6t! 

Naval  establishment -      10,241 ,072  47 

Interest  on  public  debt  and  treasury  notes      -        -        2,250,,^"7  18 
Treasury  notes  outstanding  and  jiayable  wlieo  presented      267,139  31 


53,615,660  07 


The  whole  expenditures  will  be        -        .        -        - 

Leaving  an  excess  of  expenditures  over  means,  1st  July,  1848     815,729,1 14  27 

When  the  war  commenced  we  had  a  surplus  of  twelve  millions 
in  the  treasury,  and  Congress  adopted  new  financial  measures, 
which  were  expected  by  tho  Administrati-m  to  improve  the  condi- 
tion of  the  treasury.  But  we  have  spent  the  twelve  millions  sur- 
plus— all  the  current  revenues  wliich  wo  have  received,  increased 
as  they  are  said  to  have  been  by  the  new  tariff,  besides  thirty-eight 
millions,  according  to  my  computatation,  of  loans  and  treasury 
notes.  In  January  l.ist  the  Secretary  came  to  us  for  twenty- 
three  millions,  which  he  said  would  be  ample.  But  in  a  month 
he  asked  for  authority  to  re-issue  five  millions  of  treasury  notes, 
and  now  another  loan  of  eighteen  and  a  half  millions  is  demandeil 
for  the  service  of  the  present  year.  I  apprehend  it  will  be  neces- 
sary to  raise  more  than  that  for  the  excess  of  expenditure  in  tlit!  year 
1849.  This  is  a  woful  state  of  things.  I  venture  to  say  that  if 
you  continue  your  military  operations  as  they  are  now  conducted, 
before  eighteen  months,  cither  your  treasury  will  he  bimkriipt  or 
you  will  be  obliged  to  adopt  some  new  and  extraordinary  financial 
measures.     I.  for  one,  shall  be  prepared  for  the  crisis. 

It  is  not  just  sir,  that  the  coming  generation  should  suffer  for  tho 
folly  of  the  present.  It  is  not  just  to  keep  glory  for  the  present 
age  and  taxes  for  the  next.  If  you  will  have  the  glory  you  ought 
to  have  the  taxes  along  with  it.  I  believe  the  only  way  to  bring 
the  people  to  a  just  sense  of  the  enormity  of  this  war,  is  to  let 
them  feel  the  cost  of  it .  My  colleague  spoke  of  the  revenue  to  be  de- 
rived from  Mexico  and  ventured  the  opinion  that  the  war  could  be 
sustained  in  this  way  without  the  cost  of  a  dollar  to  our  Treasury. 
But  is  it  to  be  expected  that  Mexico  in  her  jjresent  depressed  con- 
dition— kept  down  by  an  enemy,  holding  her  powerful  towns, — 
overruning  her  country,  her  industry  paralyzed — her  trade  and 
business  broken  up — her  people  ground  to  the  dust  hy  military  op- 
pression will  furnish  anything  like  the  amount, 'which  he  has  repre- 
sented, as  accruing  to  her  treasury  in  time  of  prosperity  ?  You 
wont  get  a  dollar  which  is  not  Ibrced  from  her  at  she  point  of  the 
bayonet.  He  speaks  of  the  duty  upon  contracts  and  says  that  they 
might  now  be  stamped  by  your  authority  and  that  thus  a  consider- 
able revenue  would  be  obtained.  But  sir,  they  will  not  make  these 
contracts,  especially  when  there  is  a  probabilitv,  that  if  made  they 
will  be  invalidated,  when  the  present  state  of  things  shall  termi- 
nate. Sir,  this  is  all  illusion  and  if  you  could  get  the  whole  revenue 
which  Mexico  raised  in  a  period  of  peace  and  prosperity  you  would 
get  but  twenty  one  millions  and  your  millitary  operations  arc  cost- 
ing you  nearly  fifty  millions.  The  Secretary  of  the  Treasury,  san- 
guine as  he  is,  does  not  estimate  these  resources  half  so  high  as 
ray  colleague. 

He  has  not  been  able,  he  says  to  obtain  any  reliable  statement 
of  the  amount  of  duties  realized  in  Mexico  on  exports.  The  duties 
on  specie  might  amount  to  half  a  million  ;  The  recipts  from  duties 
on  imports,  in  a  time  of  peace,  have  varied  from  six  to  twelve  rail- 
lions.  What  probability  is  there,  that  these  would  be  half  the  first 
sum,  when  our  armies  were  covering  the  whole  country  ? 

Even  the  Secretary  thinks  that  no  large  portion  of  ihe  internal 
revenue  could  be  collected  under  our  military  ;  and  he,  with  all 
his  eagerness  to  present  a  favorable  view  of  this  project,  admits 
that  he  has  no  sufficient  data  on  which  to  base  any  reliable  esti- 
mate as  to  this  source  of  revenue.  So  that  I  caution  thi;  cotrntrj' 
agasnst  these  delusive  conjectures. 

As  for  the  10, QUO  men  proposed  by  the  bill,  I  will  not  vote  for 
one  of  them. 

I  believe  with  the  Senator  fromKy.,  Mr.  Crittenden,  that  we 
have  troops  enough  for  all  the  legitimate  purposes  of  this  war. 
and  more  than  enough,  and  while  1  would  not  deny  them  food  and 
clothing  I  would  not  now  give  for  the  war  another  soldier  until  1 
saw  a  diisposition  on  the  part  of  the  executive  to  bring  about  a 
peace. 

I  look  at  the  honor  of  the  country  in  a  different  aspect  from  that 
in  which  it  seems  to  be  regarded  by  some  Senators,  to  whom  I  do 
not  impute  any  other  than  patriotic  motives,  I  thing  they  are  en- 
tirely mistaken.  For  myself,  I  am  willing  to  take  the  reproach  of 
consistent  dullness,  by  adhering  to  the  doctrines  which  I  have  here 
announced,  and  refusing  to  vote  a  man  more  nntil  I  see  a  bet- 
ter disposition  on  the  part  of  the  Executive  to  make  peace.  I 
believe  that  the  favorable  opportunity  to  make  peace  was  allowed 
to  pass  unimproved.  I  believe  that  if  this  government  had  not  de- 
manded too  much,  they  could  have  made  a  peace  perfectly  satis- 
factory to  the  country,  and  thrt  it  still  may  be  obtained  on  just 
and  honorable  terms.  I  will  not  increase  the  forces  in  Mexico  for 
the  purpose  of  overrunning  and  annexing  the  country.  It  would 
be  a  lasting  reproach  to  us  to  do  so.    I  wish  to  see  the  United 


114 


THE  TEN  REGIMENT  BILL. 


[Thursday. 


States  disposed  to  settle  this  controversy  in  a  spirit  of  magnanimi- 
ty more  glorious  even,  ilian  all  the  victories  we  have  gained. 

Mr.  BADGER  rose  and  signified  his  intention  of  addressing  the 
Senate  on  the  bill  under  consideration. 

Mr.  JOHNSON  of  Marj-land.— I  ask  the  indulgence  of  the  Se- 
nator from  North  Carolina.  I  rise  to  put  a  question  to  my  Inend 
and  colleasue,  to  which  I  hope  he  will  reply  now,  if  he  can,  and  il 
not,  at  some  future  lime,  when  he  shall  have  reflected  on  the  an- 
swer. If  I  am  riffht  in  my  recollection,  my  friend  was  not  here  on 
tho  13ih  of  iMay,'lS4C,  when  the  law  of  that  session  passed. 

Mr.  PEARCE  assented. 

Mr.  JOHNSON.— If  I  am  risht,  then,  as  to  the  opinions  of  my 
colleague  at  that  time,  if  he  had  been  here,  he  would  not  have 
voted  for  tho  law  as  it  passed.  If  I  am  right  as  to  the  reason 
which  would  have  influenced  him  in  giving  that  vote,  it  would  Have 
been  because  of  the  preamble  to  that  act.  The  quesiion  1  now 
wish  to  propound  is— whether  he  would  have  voted  lor  that  law 
without  the  preamble? 

Mr.  PEARCE.— Yes  ;  I  should  have  done  so. 

Mr.  JOHNSON.— Just  so. 

Mr.  PEARCE.— But,  I  beg  to  say  something  farther.  It  was 
necessary  that  some  military  provision  should  be  made,  and  the 
exioency  seemed  to  require  a' very  large  provision.  Our  army  had 
been  placed,  bv  the  act  of  the  Executive,  in  a  position  of  great  pe- 
ril. It  was  not  for  mo  to  say  that  that  army  should  be  sacrificed. 
Not  for  an  hnndred  millions  would  I  have  sacrificed  one  of  its  gal- 
lant officers,  or  one  of  its  brave  men  !  Perhaps  I  may  add ,  that 
it  is  very  likely  that  I  would  have  gone  farther  then  than  now, 
because  I  had  not  then  so  fully  investigated  the  subject.  An 
amendment  was  proposed  in  the  House  of  Representatives  by  Mr. 
Scheuclc,  which  fiUly  met  ray  views.  The  amendment  was  as  fol- 
lows : 

"  Mr.  SCHENCK  then  tent  up  to  tha  Clerk's  table,  where  it  was  read  in  part,  ths 
followins  amandnient,  whicJi  lie  gave  notice  of  liis  intenlion  to  oiler  at  tlie  proper 
time : 

■' Strike  out  all  after  tlic  enacting  clause,  and  insert — 

"  Wherea;.  it  has  been  communicated  to  Congress  by  the  President  of  the  United 
Sla'ts.  that  :h  s  Go.ernm''nt  i .  row  at  war  with  iM  xico.  and  a  call  has  been  made  on 
Ccrenvfi  .'or  in?aiis  to  proiecut  >  ho^lihties  on  tiie  part  ol'  tht?  Uiiitsii  States  ;   and 

"  VVhiTea?,  Congress  is  iriibrme.i  that,  in  a  war  thus  couirar'nc?d.  lo  ses  have  occur- 
red to  ti^  a;uiyot'tlie  United  Slat.'s  employed  by  the  Pre^idt-nton  the  bank  ol'the  river 
D.l  ^t^  e  an  t  ti:at  -such  army.  li"  not  already  fo^t,  is  in  an  exposed  and  periious  situa- 
tion, a<t  I  recjuires.spe^i'.y  rtdiel'  and  reinrorcemtnl :  Th  Tclbre, 

Be  t  ena  I: '.  tVc,  Thar  wlnL'  Congre-^s  wdl  not  ^aui'tion  or  approve  the  forcible 
occOjHir  on,  under  the  orders  of  the  President  of  lire  United  States,  of  territory  be- 
tween the  rivers  Kueces  and  Del  Norte,  by  the  armed  forces  of  the  United  State.s,  not 
of  any  hostilities  which  have  bcyu  carried  on  by  order  of  the  President  against  the  go- 
vernment or  jreopie  of  Mexico,  yet,  to  enable  the  President  of  the  United  States  to  re- 
lieve and  10  exirieatt;  li;e  army  of  the  United  States  from  tlie  position  in  which  it  has 
become  involved,  and  to  prevent  any  invasion  or  encroachment-s  upon  the  territory  of 
this  I'U'On-  and  to  proleet  and  defend,  to  the  fullest  extent,  the  citizens  and  people  of 
the  Uiiits'd  States,  as  far  as  the  same  may  be  in  any  way  atlected  or  endangered  bv 
ho-tilities  Willi  .Mexico,  the  Pre^sident  is  hereby  aulhorised,  in  addition  to  all  the  military 
and  naval  forces  of  the  United  Sla'.cs,  to  call  for,"  ^cc. 

That  proposition,  sir,  would  have  met  my  entire  approbation; 
and  if  that  had  failed,  I  should  have  been  unwilling  to  place  my- 
self in  the  position  of  denying  supplies  to  our  army  in  peril.  I 
should  be  disposed  to  take  care  of  my  own  household  first,  and  it 
would  be  only  in  the  flush  of  victory  that  I  should  feel  inclined  to 
spare  those  with  whom  wo  are  warring. 

Mr.  BADGER. — I  understand  that  the  honorable  Senator  from 
South  Carolina,  farthest  from  me,  desires  to  occupy  the  attention 
of  the  Senate  when  tlie  consideration  of  this  subject  shall  be  next 
resumed.  I  shall,  therefore,  very  clieerfuUy  yield  to  him,  hoping 
however,  that  I  may  be  allowed  to  follow  him.  With  that  under- 
standing, sir,  I  would  now  move  an  adjournment. 

Mr.  CASS. — If  the  Senator  will  pardon  mc,  I  would  enquire  of 
the  Senator  from  Maryland,  whether  I  am  to  understand  him  as 
having  said,  that  the  expenditures  of  the  present  year  will  be  sev- 
enty-five millions. 

Mr.  PEARCE. — I  stated  that  the  estimates  for  the  present 
year,  including  ihc  actual  expenses  of  the  first  quarter,  would 
amount  to  seventy-five  millions,  biU,  I  have  now  reason  to  sup- 
pose that  I  was  mistaken.     The  Senator  from  Connceticnt,  (Mr. 


NiLES,)  has  satisfied  me  that  sixteen  millions,  the  expenses  of 
the  first  quarier,  were  carried  out  under  the  same  title,  and,  as  I 
supposed  they  were  not,  I  fell  into  that  error  in  my  calculation. — 
But  I  believe  that  further  defli  iencies  will  run  the  actual  expendi- 
tures of  the  year  to  S'0,UUO,UOO. 

Mr.  CASS. — Did  the  Senator  give  an  estimate  of  the  expenses 
of  the  war  ? 

Mr.  PEARCE.-^I  stated  the  fact,  sir,  that  you  had  twelve  mil- 
lions in  the  Treasury  at  the  commencement  of  the  war.  There 
can  be  no  doubt  about  that.  I  then  said  that  there  was  autho- 
rized lo  be  borrowed,  or  issued  in  Treasury  notes — the  same  as  a 
loan — the  sum  of  thirty  eight  millions,  including  the  five  millions 
authorized  to  be  re-issued  by  the  act  of  last  session.  Will  the 
Senator  have  the  kindness  to  say  whether  I  am  mistaken  ? 

Mr.  CASS. — I  merely  wanted  to  know  what  his  estimate  was. 

Mr.  PEARCE.— I  should  be  very  glad  if  the  Senator  would 
furnish  me  with  means  of  making  a  better  estimate,  if  I  am  wrong. 

Mr.  CASS. — If  the  request  had  been  made,  I  should  have  com- 
plied with  it  with  a  great  deal  of  pleasure. 


Mr.  PEARCE.— No  doubt. 
me  upon  a  cross-examination— 


If  the  gentleman  wishes  to  put 


Mr.  CASS. — Oh  no,  by  no  means. 

Mr.  WESTCOTT. — I  voted  in  the  affirmative  on  the  motion  to 
adjourn  to  Monday  next.  At  the  request  of  several  Senators,  who 
seem  to  have  labored  under  some  misapprehension  with  regard  to 
it,  I  now  beg  to  move  a  reconsideration  of  that  question. 

On  this  motion  the  yeas  and  nays  were  demanded,  and  ordered, 
and  being  taken,  the  residt  was  as  follows  : 


Yeas, 
Nays, 

Majority  for  the  motiou. 


The  question  recurring  upon  the  adoption  of  the  resolution,  tho 
yeas  and  nays  were  demanded,  and  ordered. 

Mr.  CASS. — I  move  that  the  Senate  do  now  adjourn. 

Mr.    DAYTON.— What    will  be   the  efleot   of  the  adoption  of 
the  motion  just  made  ? 


-The   Senate  will   stand  ad- 


The   PRESIDING  OFFICER.- 
journed  until  to-morrow. 

Mr.  JOHNSON  of  Maryland.— Is  the  motion  in  order? 

Mr.  BERRIEN. — The  Senate,  by  a  resolution  adopted  this 
morning,  determined  that  when  it  should  adjourn,  it  should  adjourn 
until  Monday  next.  A  motion  has  been  made  to  reconsider  that 
vote,  and  the  motion  for  reconsideration  has  been  adopted.  But 
the  resolution  has  not  been  rescinded — the  question  was  about  to 
be  put  upon  that  resolution.  If  we  adjom-n  now,  therefore,  we 
shall  adjourn  over  to  Monday  next. 

Mr.  CASS. — Then  I  will  withdraw  my  motion. 

Mr.  SEVIER. — This  is  certainly  a  very  clear  case.  The  re- 
consideration puts  the  question  back  to  where  it  was  this  morning, 
before  any  action  was  had  upon  it.  A  motion  to  adjourn  at  that 
period  would  certainly  have  been  in  order,  as  it  now  is  in  order. 

Mr.  CASS. — I  believe  I  will  take  the  advice  of  my  friend  from 
Arkansas,  and  adhere  to  my  motion. 

The  Secretary  then  proceeded  with  the  call  of  the  yeas  and  nay<, 
and  the  result  was  as  follows  : 


Yens, 

Navs, 


21 


Majority  against  the  motion,      -  .  .  -  i 

The  question  recurring  upon  the  original  motion,  it  was  a4opt6d. 
The  Senate  adjomncd. 


January  17.] 


PETITIONS,  RESOLUTIONS,  ETC. 


115 


MONDAY,  JANUARY  17,  1848 


CREDENTIALS. 


Mr.  BRADBURY  presented  tlie  credentials  of  the  Hon.  Wy- 
MAN  B.  S.  Moor,  appointed  liy  the  Governor  of  the  State  of 
Maine,  a  Senator  of  the  United  States  from  that  State,  for  the  un- 
expired term  of  the  Hon.  John  Fairfield,  deceased,  or  untd  a 
successor  should  be  chosen  by  the  legislature;  which  were  read. 

Mr.  MOOR  having  taken  the  oath  prescribed  by  law,  took  his 
seat  jn  the  Senate. 

THE    PUBLIC  BUILDINGS,    ETC. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the 
Commissioner  of  the  public  buildinfrs,  made  agreeably  to  law, 
showing  the  manner  in  which  appropriations  for  the  public  build- 
ings and  grounds  have  been  applied;  which  was  ordered  to  be 
printed. 

PETITIONS. 

Mr.  JOHNSON,  of  La.,  prcs»nted  the  petition  of  Susan  De- 
catur, widow  of  the  late  Commodore  Stephen  Decatur,  praying 
the  renewal  of  her  pension  ;  which  was  referred  to  the  Committee 
on  Naval  Affairs. 

Mr.  FELCH  presented  the  memorial  of  Asa  Whitney,  praying 
for  a  grant  of  land  to  enable  him  to  construct  a  Rail  Road  from 
Lake  "ivticliigan  to  the  Pacific  Ocean  ;  which  was  referred  to  the 
Committee  on  Public  Lands,  and  ordered  to  be  printed. 

Also,  the  memorial  of  A.  Edwards,  Register  of  the  Land  Of- 
fice at  Kalamazoo,  Michigan,  praying  the  re-payment  of  money 
advanced  by  him  for  extra  clerk  hire  ;  which  was  referred  to  the 
Committee  on  Public  Lands. 

Also,  the  petition  of  Charles  Richmond,  praying  compensation 
for  services  as  special  marshal,  during  the  disturbances  in  the  Pro- 
vinces of  Upper  and  Lower  Canada,  in  the  years  1839  and  1840  ; 
which  was  referred  to   the  Committee  of  Claims. 

Mr.  CAMERON  presented  the  petition  of  A.  W.  and  J.  H. 
Foster,  editors  of  the  "Pittsburgh  Daily  Dispatch,"  praying  that 
the  list  ofletters  remaining  in  flic  Post  Office  at  Pittsburgh,  may, 
in  compliance  with  law,  be  published  in  their  newspaper,  it  bav- 
ins the  largest  circulation  ;  which  was  referred  to  the  Committee 
oii  the  Post  Office  and  Post  Roads. 

Also,  the  memorial  of  the  Providence  Association  of  Clerks  in 
the  city  of  Washington  praying  certain  amendments  to  the  char- 
ter of  said  association  ;  which  was  referred  to  the  Committee  on 
the  District  of  Columbia. 

Also,  a  memorial  of  the  Cain  Quarterly  Meeting  of  the  religious 
society  of  Fr'ends,  praying  the  abolition  of  slavery  in  the  United 
States,  and  the  slave  tr.ode  in  the  District  of  Columbia,  and  be- 
tween ihc  several  states  ;  a  memorial  of  the  association  of  Friends 
for  promoting  the  abolition  of  slavery  and  improving  the  condition 
of  the  Iree  people  of  color,  praying  the  abolition  of  slavery  in  the 
District  of  Columbia,  and  Territories  of  the  United  States,  and  of 
the  slave  trade  between  the  states  ;  the  prohibition  of  slavery  where 
it  does  iiol  already  exist ;  and  the  repeal  of  all  laws  providing  for  the 
arrest  of  fugitive  slaves  ;  and  six  petitions  of  inhabitants  of  Penn- 
sylvania, praving  the  adoption  of  measures  for  abolishing  slavery 
throughout  tlie  IJnion  ;  the  motions  to  receive  were  severally  laid 
upon  the  table. 

Mr.  HANNEGAN  presented  the  petition  of  Robert  Piatt,  on- 
ly surviving  son  of  Major  Daniel  Piatt,  praying  the  payment  of  an 
undrawn  port  ion  of  seven  years'  half  pay  due  him  under  the  resolve 
of  Congress  of  24th  August  1780  ;  which  was  referred  to  the  Com- 
mittee on  Revolutionary  Claims. 

Also,  the  petition  of  Robert  Piatt,  praying  a  final  settlement  of 
his  .-iccount  as  a  deputy  purchasing  commissary  ;  which  was  re- 
ferred to  the  Committee  on  Military  ASairs. 

Mr.  ASHLEY  presented  the  petition  of  James  Wilkins,  pray- 
ing payment  for  cattle  taken  by  Indians  in  Florida  ;  which  was  re- 
ferred to  the  Committee  on  Indian  AflTairs. 

Mr.  TURNEY  presented  resolutions  passed  by  the  Legislature 
of  Tennessee,  approving  the  plan  proposed  by  Asa  Whitnev,  for 
constructing  a  Rail  Road  from  Lake  Michigan,  to  the  Pacific 
Ocean,  and  in  favor  of  a  grant  of  public  land  for  that  object  ;  which 
was  referred  to  the  Committee  on  Roads  and  Canals,  and  ordered 
to  be  printed. 


Mr.  CORWIN  presented  the  petition  of  A.  G.  Melvin  and  others 
citizens  of  the  United  States,  praying  that  the  public  domain  may 
be  siven  in  suitable  quantities  to  actual  settlers  without  price; 
which  was  referred  to  the  Committee  on  Public  Lands. 

Also,  the  petition  of  citizens  of  Ohio,  praying  the  adoption  of 
measures  for  the  re-establishment  of  peace  between  the  United 
States  and  Mexico;  which  was  referred  to  the  Committee  on 
Foreign  Relations. 

Also,  the  petition  of  citizens  of  Ohio,  praying  the  abolition  of 
slavery  in  the  District  of  Columbia,  and  the  slave  trade  between 
the  States;  the  motion  to  receive  which  was  laid  upon  the  table. 

Mr.  BREESE  presented  a  memorial  of  citizens  of  Illinois,  pray- 
ing that  the  riaht  of  pre-emption  may  be  granted  to  the  Illinois 
Central  Railroad  Company,  to  the  lands  over  which  it  is  prnpos-'d 
to  construct  their  road;  which  was  referred  to  the  Committee  on 
Public  Lands. 

Mr.  DAVIS,  of  Mississippi,  presented  the  petition  of  Robert  M. 
Martin,  a  volunteer  in  the  war  with  Mexico,  praying  to  be  alli>wed 
bounty  land;  which  was  referred  to  the  Committee  on  Pensions. 

Mr.  UNDERWOOD  presented  the  petition  of  Mary  M.  Telfair, 
heir  of  Israel  Pearce,  praying  the  payment  of  certain  final  settle- 
ment certificates;  which  was  referred  to  the  Committee  on  Revo- 
lutionary Claims. 

On  motion  by  Mr.  STURGEON,  it  was 

Ordered,  Thnt  the  petition  of  Titian  R.  Pealc,  on  the  files  of 
the  Senate,  be  referred  to  tne  Committee  on  Naval  Affairs. 

On  motion  by  Mr.  BERRIEN,  it  was 

Ordered,  That  the  petition  of  Moses  E.  Levy,  on  the  files  of  the 
Senate,  be  referred  to  the  Committee  on  Private  Land  Claims. 

On  motion  by  Mr.  HUNTER,  it  was 

Ordered,  That  the  administrator  of  Isaac  Garretson  have  leave 
to  withdraw  his  petition  and  papers. 

On  motion  by  Mr.  BALDWIN,  it  was 

Ordered,  That  the  widow  of  Samuel  Gibbs  have  leave  to  with- 
draw her  petition  and  papers. 

On  motion  by  Mr.  MILLER,  it  was 

Ordered,  That  George  Townley  have  leave  to  withdraw  his  pe- 
tition and  papers. 

jNOTICE    OF  A    BILL. 

Mr.  WEBSTER.— Mr.  President,  I  wish  to  give  notice  that  I 
purpose,  to-morrow,  to  introduce  a  bill  "to  make  attachments, 
which  are  made  under  process,  issuing  from  the  Courts  of  the 
United  States,  conform  to  the  laws  regulating  such  attachments  in 
the  Courts  of  the  States."  If  it  should  be  the  pleasure  of  the  Senate 
to  give  me  leave  to-morrow,  to  introduce  this  bill,  I  will  shortly 
stale  the  objects  of  its  provisions.  The  bill  which  I  propose  to 
introduce,  passed  the  Senate  without  opposition  at  the  last  session, 
having  been  reported  to  the  Senate  by  the  Committee  on  the  Judi- 
oiary,  and  I  shall  ask,  with  the  concurrence — which  I  hope  I  will 
receive — of  the  Chairman  of  that  Committee,  and  the  other  mem- 
bers of  it,  to  expedite  the  bill  on  its  passage  through  the  Senate, 
withou-  the  delay  of  another  reference,  as  I  know  no  objection  to 
it,  and  it  is  a  matter  of  some  importance. 

MAP    OF   NEW   MEXICO. 

Mr.  CASS  submitted  'he  following  resolution  for  consideration  : 

Tiesolmd,  That  the  Secretary  of  t]ie  Department  of  War,  famish  the  Senate 
with  the  report  anrl  map  of  the  e.\aminaliou  of  Kcw  Mexico,  mate  by  Lieut. 
.1.  Wr  Ab^rt,  corps  o"  Topographical  Engineers,  while  attached  to  the  command 
of  General  Kearney. 

DEFALCATION   IN  THE    MINT, 

Mr.  CAMERON  submitted  the  following  resolution  for  consid- 
eration; which  was  ordered  to  be  printed: 

Whereas,  A  (Jefaication  is  reported  to  have  occtirrH  in  the  T'nitf'rl  Ft.V.es'  Mint,  at 
Philadetpliia.  which,  by  law,  is  made  the  depository  of  the  public  money, 

Eesolre'.  thf^rfare,  Tlial  the  Seuate  will  appoint  a  committee  from  its  bo';y.  to  ex- 
amine the  books,  vouchers  and  money  in  the  mint,  with  antlioritv  to  command  the 
attendance,  and  examine  them  upon  oath,  of  all  the  persons  employed  by  the  jovem- 
ment  there. 


116 


GEiVERAL  SCOTT'S  PLANS. 


[Monday  , 


THE    MAILS. 

Mr.  BERRIEN  submitted  the  followinff  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to: 

Rt-!ott:ed.  That  the  Committee  on  the  Post  Oflice  and  Post  Raids,  be  instnicled  to 
inqoire  whetlier  any  and  what  legislation  is  nect^arj'  lo  secure  tiie  more  regular  ami 
■  jeedy  transmission  of  the  great  norttiern  and  sODtiiern  mail,  and  that  they  have  leave 
to  report  l>y  hill,  resolution  or  otherwise. 

THE  PEA   PATCH  TITLE. 

Mr.  DAYTON  submitted  the  following  resolution,  which  was 
considered  by  unanuuous  consent,  and  agreed  to: 

Resolrcft,  That  the  Solicitor  of  the  Treasury  be  directed  to  communicate  to  the  Se- 
nate copiers  of  the  articles  of  subnii^ioo,  the  award,  the  opinion  of  the  arbitrator,  and 
llic  nroceedini^H  and  the  mitiules  in  his  jio^session  coiMieirted  therewith,  ni  the  matter 
of  the  Pea  Patch  Island,  lielore  the  honorable  John  yerj,'eHnt,  sole  arbitrator  appointed 
by  the  parties  in  iutcre:,t,  to  decide  upon  the  Utie  to  ^aid  island. 

REPORTERS    OF    THE    SENATE. 

Mr.  MANGUM,  from  the  Sclof  t  Cominiltee,  to  whom  was  re- 
ferred a  motion  authorizing  the  Viee  President  to  cause  desks  to 
be  provided  for  the  ReportBr  of  the  Senate,  and  his  assistants, 
upon  the  floor,  in  submitting  a  report,  remarked  that  upon  exami- 
nation of  the  subject  referred  to  the  committee,  it  was  found,  that 
without  any  inconvenience,  suitable  accommodation  could  be  afTord- 
ed  to  the  reporters  of  tlie  Senate  on  the  Iloor  of  the  Chamber;  and 
as  it  was  of  course  vcrv-  desirable  that  every  proper  facility  should 
be  extended  to  them,  the  committee  unanimously  reported  in  favor 
of  providmg  the  proposed  accoumiodation. 

The  Senate  proceeded  to  consider  the  report,  and,  on  concur- 
rence therewith,  it  was 

Ordered,  That  the  Secretary  of  the  Senate  have  two  moveable 
desks  prrjvided,  as  soon  as  may  be,  in  the  angles  of  the  Senate 
Chamber  at  the  ends  of  the  Cliord  to  accommodate,  each,  one  re- 
porter. 

Mr.  MANGUM,  by  direction  of  the  same  committee,  stibmitted 
the  following  resolution  for  consiileration  : 

Resolved,  That  a  .select  committee,  of  five,  be  appointed  by  the  Vice  President  to 
enquire  into  the  expediency  of  reniovinj  the  reporters  from  the'  marble  pallerv  to  more 
suitable  places  to  be  provided  for  them  at  tlie  ends  of  the  circular  gallery  and  of  nre- 
parin?  the  marble  gallery  for  (he  use  of  the  ladies. 

Mr.  BREESE.— I  had  the  honor  of  semng  on  the  special  com- 
mittee, of  which  the  honorable  Senator,  (Mr.  Mangu.m,)  who  has 
oiTered  the  resolution,  was  the  chairman,  and  I  concurred  in  the 
report.  At  the  samctimc,  sir,  1  must  say,  that  when  in  committee 
I  was  anxious  the  report  should  embrace'  the  subject  matter  of  the 
resolution  now  oflfercd,  as  I  believed  then,  as  I  do  now  believe,  that  a 
much  more  commodious  position  for  the  reporters  can  be  had  in 
the  Chamber  than  they  now  occupy;  but  it  was  thouo-ht  we  h.ad 
not  the  power  under  the  resolul.i.m'to  make  any  suggestion  upon 
the  subject.  Accordingly,  and  to  get  the  power,  the  honorable 
chairman  was  instructed  by  the  committee  to  report  the  resolution 
he  has  reported,  and  whicli  is  now  before  the  Senate  for  considera- 
tion. I  hope,  .sir,  it  will  be  adopted,  as  I  feel  assured  the  com- 
mittee to  be  raised  by  it  will  report  a  plan  which  will  be  acceptable 
'to  the  Senate,  by  which  the  reporters  will  he  better  accommodated 
than  they  now  are,  ;ind  the  Ladies  also,  by  properly  tittin<r  up  the 
marble  gallery  now  occupied  by  the  reporters.  " 

The  resolution  was  considered  by  unanimous  consent  and  arrreed 
to  :     V/hercii])on,  " 

Mr  MANGtJM,  Mr.  Sevier,  Mr.  Berrien,  Mr.  Breese  and 
Mr.  Allen  were  appointed  the  Committee. 

MINERAL    lands. 

ri,^V»?T  ^^l"^  submitted  a  report  made  by  J.  D.  Whitney  to 
Chares  T.Jackson,  geological  surveyor  of  the  United  States' luin- 
cral  lands  of  the  northern  peninsula  of  Michigan  ;  which  was  or- 
dered to  be  printed  and  appemled  to  the  report  of  the  Commis- 
sioner  of  the  General  Land  Office,  <-omnus- 

PRIVATE    BILLS. 

"^Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  to  whom  was  relerred  the  petition  of  Nathaniel  Kuvken- 
<lall,  reported  a  biU  lor  his  relief;  which  was  read  aiul  passed  to 


the  second  rcadinv 


passed  to 


Mr.  BREESE,  from  the  Committee  on  Public  Lands  to  wlmm 
was  referred  the  bill  to  provide  for  the  compensation '  of  SatZ 
Leech  lor  services  in  the  investisation  of  susnciidcd  s.alcs  in  t  „ 
Mineral  Point  District,  Wisr.on.in,  repor,cd^,'  witbrmt  amcS: 
ment  ;  and  moved  that  a  document  aceompanvin<r  the  l,il|  |,o  nrint 
cd  ;  which  was  agreed  to.  "  I'loit- 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pensions 
to  whom  was  relerred  the  petition  of  Abigail  Garland,  submitted 
a  report  accompanied  by  a  bill  granting  a  pension  to  Abigail  Gar 
land,  widow  of  Jacob  Garland,  deceased.  ■'>-o'=aii  uar- 

The  bill  was  read  and  passed  to  the  second  reading. 


Ordered,  That  the  report  be  printed. 

Mr.  YULEE,  from  the  Committee  on  Naval  Affairs,  to  whom 
was  referred  the  petition  of  Thomas  Brownell,  reported  a  bill  for 
his  relief;  which  was  read  and  passed  to  a  second  readinrr. 

Mr.  BRADBURY,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  petition  of  Amos  Holton,  submitted  an  adverse 
report :  and,  on  concurrence  therewith,  it  was 

Rescilrcd.  That  the  evidence  presented  by  Amos  Holton  is  insufficient  to  justify  tho 
al  owance  of  his  claim  ;  and  that  the  Committee  be  discharged  from  the  further  con- 
sideration of  the  subject. 


the 

the 


BARQUE    CANTO.V. 

Mr.  RUSK,  from   the  Committee  on   Enrolled   Bills,  reported 
that  they  presented  to  the  President  of  the  United  States,  on    " 
14th  instant,  the  bill  to  authorize  the  issuing  of  a  register  to 
barque  Canton. 

The  following  messase  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary  : 

Mr.  President:  The  President  of  the  Itniled  Stales  approved  and  sis-ned,  on  the 
14Ui  instant,  the  bill  to  authorize  the  issuing  ol  a  register  to  the  barque  Canton. 

GENERAL  SCOTT's  PLANS. 

The  Senate  proceeded  to  consider  the  following  resolution,  sub- 
mitted on  the  13th  instant  by  Mr.  Mangum; 

nescilred.  That  the  President  of  the  United  States  lie  requested  to  lav  before  the 
Senate  all  the  plans,  estimates  and  calculations,  presented  bv  General  Scon,  a-s  in  his 
opinion  best  adapted  to  attain  the  objects  of  the  war;  and  'his  opinion  touching  the 
military  means  necessary  to  accompliah  the  objects  of  our  government  in  any  and  all 
the  alternative  views  that  have  been  considered  by  the  Executive  or  suggested  by  Gen- 
eral Scott,  to  bring  the  war  with  Mexico  to  a  close,  if  not  inconsistent  in  the  opinion 
oi  the  President  with  the  public  service. 

Mr.  CASS. — I  would  ask  the  Senator  to  consent  to  the  post- 
ponement of  the  consideration  of  the  resolution  till  to-morrow. 
The  Senator  from  Arkansas  (Mr.  Sevier,)  is  absent ;  and  there 
can  be  no  harm  from  twenty-four  hours'  delay. 

Mr.  MANGUM. — I  have  no  objection  to  postponement,  except 
that  the  information  sought  by  the  resolution  is  of  vast  importance 
to  the  formation  of  an  intelligent  opinion  in  reference  to  measures 
now  pending  before  the  Senate  ;  and  which,  allow  me  to  sny,  are 
pushed  to  a  consummation  with  a  degree  of  zeal  and  pertinacity 
which  I  have  rarely  witnessed  upon  any  occasion  so  earlv  in  the 
session.  It  would  give  me  great  pleasure  to  comply  with  the  sns- 
gestion  of  the  honorable  Senator  from  Michigan,  were  it  not  that 
the  information  which  is  desired  is  of  the  very  highest  importance 
at  this  verv' moment  in  order  to  enable  the  Senate  lo  act  intelli- 
gently. I  hope,  therefore,  that  the  Senate  will  proceed  to  the 
consideration  of  the  resolution.  I  will  make  no  other  remark,  un- 
less it  should  be  deemed  necessary.  I  hope  the  resolution  will  ha 
adopted. 

Mr.  CASS. — I  do  hope  the  Senator  from  North  Carolina  will 
consent  to  a  postponement  of  the  resolution.  If  he  do  not,  I  mu.st 
be  compelled  to  vote  acraiiist  it.  I  cannot  conceive  that  in  the 
present  condition  of  afi'airs,  whilst  we  are  aetu.illy  ensaffed  in 
war,  that  it  would  be  proper  to  communicate  the  plans  of  the  Go- 
vernment.  It  would  give  the  enemy  information  vastly  useful  to 
them  in  making  their  preparations.  We  can  easily  conceive  that 
such  would  be  the  case.  It  is  true  that  the  usual  discretionary 
power  is  given  to  the  Executive,  but  I  conceive  that  the  objection 
which  I  have  just  stated  has  sufficient  force  to  make  the  call  im- 
proper at  this  time.  The  Senator  says  that  the  measures  before 
the  Senate  have  been  pushed  very  pertinaciously.  I  cannot  con- 
ceive why  the  Senator  has  made  such  an  assertion.  The  bill  for 
raising  ten  regiments  was  introduced  three  weeks  since — four  weeks 
since,  I  believe — and  we  are  now  in  the  second  week  of  its  discus, 
sion.  There  has  been  no  disposition  in  any  part  of  the  Senate  to 
force  that  bill  through  without  di.scnssion.  AH  we  have  asked  is, 
that  it  should  be  considered,  discussed,  and  voted  upon.  If  this 
be  '-pertinacity,"  we  are  pertniacious.  But  I  do  not  think  that 
this  is  pertinacity.  I  do  not  say  that  there  is  an  instantaneous 
need  of  this  additional  force.  But  I  bold,  as  was  better  said  by 
the  honorable  Senator  from  Mi-ssissippi,  (Mr.  Davis,)  than  it  can 
be  said  by  me,  that  that  force  ought  to  be  raised  and  sent  to  Mex- 
ico before  the  .sickly  .season  sets  in  ;  and  that  in  order  to  effect  th.nt, 
we  should  hasten  our  preparations  as  much  as  possible.  It  will 
take  some  time  to  put  the  hill  throuch  tho  Senate,  and  still  lonjer 
in  the  House.  We  may  be  advanced  far  in  tho  session,  do  the 
best  we  can,  before  these  bills  can  be  passed  and  the  Government 
be  put  in  possession  of  this  force.  I  repeat,  then,  that  I  cannot 
perceive  any  grounil  for  the  charge  that  the  measure  has  been  per 
tinaeiou,sly  urrred  upon  the  Senate.  I  renew  the  suggestion,  that 
the  resolution  be  allowed  lo  lie  over  till  to-morrow. 

Mr.  MANGUM.— I  did  no  t  charge  pertinacity  in  reference  to 
this  measure,  upon  any  portion  "f  'he  Senate.  I  alluded  exclusively 
to  the  honorable  Chairman  of  tin'  Committee  on  Military  .\ffairs"; 
and  I  submit  to  the  Senate,  and  tc'  all  who  have  observed  the  pro- 
ceed! n^s  of  the  knly  in  reference  .'"  'his  measure,  whether  the 
charge  has  not  been  sustaineil  bv  the  facts.  Sir,  when  tho  honor- 
able Senator  from  South  Carolina  wa  s  about  to  bo  denied  the 
benefit  of  tho  usual  course  of  tho  Senate  i."  reference  to  tho  consid- 


January  17.] 


GENERAL  SCOTT'S  PLANS. 


117 


eration  of  his  resolutions,  I  appeal  to  the  recollection  of  Senators, 
whether  there  was  not  great  pertinacity  exhibited  in  the  effort  to 
refuse  him  an  opportunity  of  addressing  the  Senate  ?  All  must 
remember  the  events  of  last  Thursday  ;  the  repeated  calls  of  the 
yeas  and  nays  on  the  question  of  adjournment,  with  reference  to 
this  very  question.  All  must  remember  the  earnestness  with 
which  tlie  honorable  Chairman  of  the  Committee  on  Military 
Affairs  urged  the  necessity  of  early,  if  not  immediate  action  on 
the  bill  before  them.  However,  I  leave  that,  sir,  as  a  small  mat- 
ter; and  pass  to  one  of  vastly  greater  importance.  I  allude  to  the 
sentiment  enunciated  here  by  fhe  honorable  Senator  this  morning, 
that  it  would  bo  eminently  improper  for  the  Congress  of  the  United 
States  to  be  informed  of  the  Executive's  designs  and  i  he  Executive's 
instructions  to  the  Commander-in-chief  of  the  army  in  Mexico.  I 
protest,  sir,  most  solemnly,  against  this  attempt  to  exact  that  de- 
gree of  faith  from  the  legislative  bodies  of  this  country  which  shall 
induce  them  to  rely  upon  an  Executive  who  discloses  only  by 
glimpses,  not  even  by  halves,  the  purposes  believed  to  be  entertained 
by  him  !  I  hold,  sir,  that  the  great  legislative  faculty  of  the 
country  should  not  be  exercised  at  all  upon  a  question  so  moment- 
ous as  this,  upon  mere  faith  reposed  in  the  Executive  branch  of  the 
government,  who  does  not  deign  to  communicate  to  us  more  than 
glimpses  of  his  policy.  I  regard  it  as  so  important  that  I  look  upon 
the  question  now  pending  as  bringing  up  the  great  issue  between 
despotism  and  liberty.  1  regard  the  measures  here  presented  to 
us — only  half  disclosed  to  us — as  lookmg  to  a  spirit  of  universal 
domination,  and  an  absolute  conquest  of  the  whole  of  Mexico.  If 
the  country  is  ripe  for  that,  in  my  poor  judgment,  the  country  is 
ready  to  surrender  its  free  institutions.  The  policy,  as  half  dis- 
closed, by  the  honorable  Chairman  of  the  Committee  on  Military 
Affairs,  in  the  extract  from  a  letter  which  was  read  here  the  other 
day,  indicates,  in  my  opinion,  designs  from  which  the  inference  is 
inevitable,  and  cannot  be  resisted,  that  Executive  policy  seeks 
for  universal  domination  in  Mexico,  and  the  conquest  of  the  whole 
countiy.  That,  in  ray  humble  judgment,  raises  the  question,  dis- 
tinctly and  emphatically,  between  despotism  on  the  one  hand,  and 
liberty  on  the  other;  and  the  more  so,  sir,  as  the  Executive 
of  this  country  does  not  deign  to  communicate  to  us  his 
views,  and,  as  the  honorable  Chairman  of  the  Committee 
on  Military  Afiiiirs,  the  trusted  and  able  organ  of  the  admin- 
istration here,  tells  us  to  our  faces,  that  it  would  be  im- 
proper to  communicate  to  us  the  designs  of  the  Execu- 
tive. I  oppose,  sir,  such  a  course  of  policy,  and  I  frankly  say, 
that  under  avowals  of  this  character,  anxious  as  1  am  to  strength- 
en the  arm  of  the  government  for  all  legitimate  purposes — an  anx- 
iety which  has  been  evinced  by  all  my  votes  upon  this  question — I 
shall  feel  myself  driven  to  the  necessity  of  refusing  supplies,  either 
of  men  or  money,  for  any  increment  of  the  army,  so  long  as 
this  doetrine  avowed  by  the  Senator  from  Michigan  shall  be  mam- 
tained. 

Sir,  ray  attention  is  directed  to  an  order  to  which  I  have  noticed 
a  reference,  but  now  seen  for  the  first  time.  I  will  not  detain 
the  Senate  by  reading  it.  I  suppose  it  is  familiar  to  other  Sena- 
tors. I  understand  that  this  order  on  the  part  of  the  general,  com- 
manding-in-chief,  is  to  occupy  every  important  position  throughout 
Mexico. 

A  Senator. — Read  the  first  clause. 

Mr.  MANGUM.— This  is  marked  "order  376,"  and  is  as  fol- 
lows  : 

"IIeapqi'.vrters  of  the  Army, 

"Mexico^  December  15,  1847. 

"1.  This  armv  is  abont  to  spread  itself  over,  and  to  occupy  tlie  republic  of  Me-\ico, 
until  the  latter  sliall  sue  for  peace  in  terms  acceptable  to  the  government  of  Uie  United 
States." 

"The  whole  of  the  republic !"  Sir,  it  cannot  be  disguised.  The 
disguises  are  too  thin.  The  veil  is  too  transparent.  All  the  disa- 
vowals that  we  have  had,  that  the  President  does  not  entertain 
any  purpose  of  conquest,  come  at  last  to  this,  that  the  E.xecutive 
means  to  illustrate  his  administration  by  absorbing  the  whole  of 
Mexico,  if  the  sense  of  the  countiy  will  sustain  him.  I  desire  to 
know,  sir,  whether  the  general-in-chief  for  any  legitimate,  or 
proper,  or  reasonable  purpose  desires,  or  has  suggested  this  in- 
crease of  the  army,  amounting  to  thirty  regiments,  the  bills  for 
which  are  now  upon  your  table  ?  Yet  we  are  not  to  have  this  in- 
formation !  It  would  be  emminently  improper  to  disclose  the 
views  of  the  Executive  in  regard  to  Mexico  !  Disclose  thera  to 
whom,  sir?  Not  to  the  Mexicans.  The  general  order  of  the 
commander-in-chief  has  already  disclosed  his  purposes,  presumed 
to  be  the  purposes  of  the  government  in  regard  to  the  future  policy, 
to  the  Me-xicans  themselves;  but  emmently  improper  to  disclose 
them  to  the  American  people,  who  I  trust,  are  not  yet  ripe  for 
this  scheme  of  wholesale  rapacity  and  rapine,  in  which  I  fear  we 
have  already  too  much  indulged.  I  hope,  sir,  the  resolution  will 
be  adopted. 

Mr.  CASS. — The  honorable  Senator  from  North  Carolina  from 
a  general  charge  has  proceeded  to  make  an  individual  charge.  He 
charges  me  with  pertinacious  obstinacy. 

Mr.  MANGUM. — I  mean  it  in  no  improper  sense.  I  imputed 
to  the  Senator  only  a  marked  degree  of  zeal  and  pertinacity. 

Mr.  CASS. — No  one  knows  better  than  I  do  the  courteous  and 


honorable  bearing  of  the  gentleman  from  North  Carolina.  He  may 
like  all  of  us  at  times,  under  the  influence  of  party  zeal  from  which 
none,  perhaps,  are  wholly  free,  use  harsher  expressions  than  need 
be;  but  his  present  charge,  as  apphcable  to  me  in  any  circumstan- 
ces, is  incorrect,  and  I  mean  to  prove  that  it  is  so  to  his  satisfac- 
tion. He  instances  two  facts  in  support  of  his  allecation  :  first 
that  I  opposed  the  discussion  of  the  resolutions  of  the  honorable 
Senator  from  South  Carolina.  Now,  I  was  not  opposed  to  the  dis- 
cussion. I  beg  the  honorable  Senator's  pardon,  but  he  must  allow 
me  to  remind  him  that  I  was  in  favor  of  the  discussion.  I  was  anx- 
ious to  extend  to  the  honorable  Senator  from  South  Carolina  all 
the  indulgence  which  he  asked.  All  I  insisted  on  was,  that  if  this 
most  important  bill  were  laid  aside  for  the  purpose  of  taking  up  a 
subject  which,  so  far  as  it  related  to  the  measures  immediately  be- 
fore us,  might  be  called  abstract,  as  soon  as  an  opportunity  had  been 
conceded  to  hira  to  express  his  views,  the  subject  should  be  laid 
upon  the  table  and  the  bill  he  taken  up.  That  was  the  only  objec- 
tion that  I  ever  made  in  reference  to  that  matter;  and  that  was 
precisely  the  arrangement  into  which  the  Senate  itself  fell.  Such, 
then,  was  the  amount  of  my  pertinacity  in  that  case.  As  to  the 
adjournment,  it  has  been  many  times  a  matter  of  conscience  with 
me  to  vote  for  adjournment  under  the  impression  that  we  did  less 
mischief  out  of  this  chamber  than  in  it,  but  here  is  a  ease  in  which  the 
interests  of  the  country  required  prompt  action,  and  therefore  I  op- 
posed the  adjournment.  We  had  before  us  a  bill  whose  import- 
ance cannot  well  be  overrated.  We  had  been  giving  to  it  one  and 
an  half  hours  discussion  daily — six  hours  a  week  allotted  to  one  of 
the  most  important  measures  in  its  consequences,  ever  presented 
to  the  Senate  !  I  objected  to  adjourn  over  tdl  Monday,  and  that 
is  adduced  as  another  proof  of  my  pertinacity !  Really,  I  cannot 
see  it. 

Aow,  with  respect  to  the  motion  before  the  Senate,  all  I  ask,  is, 
that  this  matter  should  be  allowed  to  lie  over  till  to-morrow,  when 
the  honorable  gentleman  from  Arkansas,  (Mr.  Sevier,)  speciallv 
charged  with  it,  shall  have  collected  the  necessary  information.  I 
do  not  say,  that  it  will  not  be  proper  then  to  comraimieate  the  in- 
formation, nor  have  I  said  that  it  would  be  improper  to  aive  any 
of  the  information  which  is  sought.  The  gentleman  has  asked,  to 
whom  the  information  is  to  be  disclosed  ?  Why  to  the  Mexicans. 
I  do  not,  of  course,  intend  to  say,  that  that  is  his  object;  but  that 
will  be  the  effect  of  the  resolution. 

Mr.  MANGUM. — The  Senator  misconceives  ray  meaning.  The 
Mexicans  have  already  bad  intelligence  of  the  designs  of  the  Pre- 
sident to  the  utmost  limit;  and  if  the  information  is  withheld,  it  is 
because  there  is  an  unwillingness,  somewhere,  that  it  should  be  laid 
before  the  American  people.  As  to  the  Mexicans,  they  have  been 
already  advertized  of  the  views  of  the  Executive. 

Mr.  CASS. — If  the  Senator  only  wants  that  information,  the 
American  people  have  got  it  as  well  as  the  Mexicans.  I  take  it 
Mr.  President,  that  in  all  countries  during  the  prosecution  of  a 
war,  the  specific  plan  of  the  campaign  should  not  be  made  public. 
Surely,  prudence  requires  that  only  the  general  intentions  of  the 
Executive  government  should  be  made  known  in  such  circumstan- 
ces. But,  where  in  the  name  of  wonder  would  be  the  sense  in 
telling  Mexico,  that  the  first  of  June  we  mean  to  take  Vera  Cruz, 
and  Puebla  on  the  20th — that  on  such  a  day,  such  and  such  troops 
or  subsistence,  or  munitions  of  war,  would  be  despatched  to  a  cer- 
tain point  ?  It  is  not  the  specific,  identical  plans  of  campaign 
made  between  the  commander-in-chief  and  the  government  which 
should  be  laid  before  the  legislature  of  the  country  and  the  enemy. 
A  thousand  reasons  will  occur  to  every  body,  showing  that  such  a 
procedure,  if  not  impossible,  would  be  highly  injurious.  I  repeat, 
there  is  no  wish  to  reftise  any  information  which  may,  with  propri- 
ety and  safety,  be  communicated.  My  only  object  is  to  delay  ac- 
tion on  this  resolution  for  a  short  time,  until  the  necessary  infor- 
mation can  be  supplied.  All  I  contend  for  is,  that  the  broad  prin- 
ciple assumed  by  the  honorable  Senator  from  North  Car.ihna,  is 
neither  safe  in  itself  nor  justified  by  the  practice  of  any  govern- 
ment—to wit:  that  at  all  times  it  is  right  to  call  upon  the  TExecu- 
tive  to  disclose  its  specific  plans  of  carrying  on  a  war.  The  adop- 
tion of  such  a  principle,  it  is  obvious,  would  be  attended  with  the 
most  injurious  consequences. 

Now  with  respect  to  the  progress  of  the  war,  it  is  said  that 
General  Scott  is  going  on  from  town  to  town,  and  from  city  to  city, 
conquering  all  before  him.  I  am  very  glad  to  hear  it.  I  hope  that 
the  commanding  general  will  continue  "to  go  on  in  this  way.  If  he 
does  so,  I  have  no  doubt  he  will  conquer  Mexican  obstinacy  and  thus 
conquer  a  peace.  I  have  already  expressed  my  opinions  with  regard 
to  the  war  in  Mexico,  and  have  nothing  to  say  on  the  subject  njw, 
except  to  tell  the  Senator  from  North  Carolina,  what  I  had  the 
honor  to  say  to  the  Senator  from  South  Carolina,  that  the  adoption 
of  any  resolutions  in  this  Senate  with  regard  to  any  danger — if 
danger  there  be — in  the  progress  of  this  war,  would  be  but  as  tTie  idle 
wind.  You  might  as  well  stand  by  the  cataract  of  Niairara  and 
say  to  its  waters,  "  flow  not,"  as  to  the  American  people.  "  a:  nsx 
not  territory,"  if  they  I'hoose  to  annex  it.  It  is  ihe  refusal  of  the 
Mexican  people  to  do  us  justice  that  prolongs  this  war.  It  is  that 
which  operates  on  the  publ.c  mind  and  leads  the  Senator  from 
North  Carolina  to  apprehend  a  state  of  things  which  he  fears,  but 
which  for  rayseif  I  do  not  an'icipatc.  Let  me  say,  Mr.  President, 
that  it  takes  a  great  deal  to  kill  this  country.  We  have  had  an 
alarming  crisis  almost  t^very  yr-ar  as  long  as  I  can  lecollecl.  I 
came  on  the  public  stage  as  a  spectator  before  Mr.  Jefferson  was 
elected.     That  was  a  crisis.    Then  came  the  embargo  crisis — the 


118 


THE  TEN  HEGIMENT  BILL. 


[Monday, 


crisis  of  the  non-intcrcoursc— of  the  war— of  the  bank— of  the  tarifF— 
of  the  removal  of  the  depositcs— and  a  score  of  others.  But  we  have 
ontlived  them  all;  and  advanced  in  all  the  elements  of  power  and 
prosperity  with  a  rapidity  heretofore  unknown  in  the  history  ot 
nations.  If  we  should  swallow  Mexico  to-morrow  I  do  not  hehevc 
it  would  kill  us.  The  Senator  from  North  Carolina  and  my.selt 
may  not  live  to  see  it,  but  I  am  by  no  means  satisfied  that  the  day 
will  nol  come  in  which  the  whole  of  the  vast  country  around  us 
will  form  one  of  the  most  ma<;nificent  empires  that  the  world  has 
yet  seen— glorious  in  its  prosperity,  and  still  more  o;lorious  ni  the 
establishment  and  perpetuation  of  the  prmciplcs  ol  free  j,'overn- 
ment  and  the  blessings  which  they  brmg  with  them. 

Mr  ALLEN.— I  was  not  awfiro  that  this  resolution  was  be- 
fore the  Senate  at  all  ;  and  therefore  it  will  not  bo  supposed,  that 
1  intend  to  address  the  Senate  on  its  subject  matter  H  f  ^"J^  '" 
me.  Sir.  that  this  government  has  always  proceeded  upon  the  as- 
rmpt'on,  that  in  certain  cases,  it  is  proper  to  retrain  trom  giyins 
puXityto  some  portions  of  the  public  business,  unti  the  whole 
has  been  consummlucd.  It  is  upon  that  srouiid  that  these  doois 
are  so  often  closed  upon  the  public.  It  is  upon  that  g^uiJ-  ^^t 
this  Senate  has  so  ol'ien  refused,  almost,  to  «"t«rt^";,  ;;«^°'"*  °"^ 
callin.r  for  matter  touching  the  lorcign  relations  of  the  country 
before' the  matter  was  consummated.  For  the  same  reason  a  part 
of  the  appropriations  of  this  government,  tx.  the  '-secret  service 
fund"  ,s  placed  under  the  guarranrec  ol  the  President'.s  honor  ;  and 
he  turns  the  key  and  closes  the  door  upon  the  public,  with  re- 
<rard  to  that  secret  service  money.  1  speak  ol  these  things,  sir  as 
evidence  of  the  fact,  that  thus  far  this  government  has  proceeded 
upon  the  -round,  that  some  parts  of  the  public  business,  in  some 
sta-es  of  it's  transaction,  ought  to  be  wilhljeld  from  he  general  ob- 
servation of  the  world.  Where  the  line  should  be  dravvn.  s,r,  is  a 
.'reat  and  a  delicate  (luestion.  How  much,  i(  any  of  the  public 
business  should  be  .so  withheld  from  the  notice  ol  the  public  is  a 
very  serious  question,  and  one  on  which  I  entertain  opinions  quite 
ditlerent  from  those  so  often  expressed  by  most  ol  the  members  of 
this  body  The  line  1  think  to  be  this  :  that  whenever  the  act 
sought  to  bo  made  public,  barely  affects  the  relations  between  any 
branch  of  the  government  and  its  own  constituency,  it  ought  to  be 
made  public,  evcrv  part  and  parcel  of  it  ;  but  when  the  act  sought 
to  be  disclosed,  aft'ects  the  relations  of  our  government  with  a  lo- 
reifu  government,  then  the  national  interests,  and  the  national 
salety  may  require,  that  until  all  is  consummated,  none  should  be 
made  known.  Hence  the  resolution,  which  I  have  submitted  so 
often  in  this  body,  to  open  the  doors  of  the  Senate,  and  have  no  se- 
cret sessions  as  applicable  to  nominations,  contained  always  the 
exception  as  to  treaties,  and  that  exception  predicated  upon  the 
reasons  which  I  have  given. 

I  am  not  prepared  to  say  whether  I  shall  vote  for  or  against  this 
resolution,  because  I  have  read  it  only  this  mornino;,  and  not 
ten  minutes  ago.  I  desire  an  opportunity  to  examine  the  res- 
olution. I  wish  to  acertain  whether  any  of  the  information 
there  called  for,  would,  if  disclosed,  of  whatever  character  it  may 
be,  prejudice  the  interest  of  the  country.  Perhaps,  sir,  in  a  time 
of  war,  when  so  large  national  interests  are  involved — perhaps,  in 
such  circums'ances,  a  great  deal  more  than  ordinary  care  should 
bo  taken  to  see  that,  incur  anxiety  to  bring  every  thing  before  the 
public,  we  do  not  inllicl  injury  on  the  public  interests.  But,  as  I 
said,  I  will  not  go  into  this  business.  I  will  go  as  far  as  the  farthest 
man  here,  in  a  general  resolution,  describing  what  part  of  the  pub- 
lic business  shall  be  kept  .secret,  and  what  .shall  be  made  public. 
The  sentiments  of  the  Senate  in  regard  to  the  question  ,vary  with 
the  cases  which  exist  at  the  moment,  as  everybody  knows  ;  and 
the  same  vote  which  closes  the  doors  to-day,  may  open  them  to- 
morrow. We  ought  to  have  a  general  rule,  applieal-lc  to  all  cases. 
I  remember  a  famous  strugulo  which  we  had  upon  this  floor,  in 
regard  to  a  resolution  which  1  had  the  honor  to  submit,  calling  for 
certain  military  orders  issued  by  President  Tyler,  the  object  of 
which  was  to  transfer  a  portion  of  the  regular  forces  of  the  United 
States,  near  to  the  scene  which  was  going  on  in  one  of  the  States 
of  the  Union,  involving  a  question  of  its  constitutiimal  government. 
Well,  upon  that  subject  the  Senate  would  not  entertain  the  propo- 
sitiim.  They  laid  it  upon  the  table  and  kept  it  there,  in  defiance 
of  all  the  efforts  which  I  could  make  to  get  it  up.  I  alledged  that 
if  rumor  were  correct,  the  President  was  doing  a  thing  which  he 
had  no  risht  to  do;  and  which  seriously  perilled  the  public  peace, 
and, what  was  more,  the  public  rights  of  a  portion  of  the  citizens 
of  the  country.  The  Senate,  however,  thought  that  it  was  not 
proper  to  call  for  the  documents.  I  will  not  say  that  in  that  case 
the  Senate  was  wrong,  and  that  I  was  right;  but  I  spc;ik  of  this.as 
one  of  the  historical  reminiscences  of  the  past,  to  which  wc  ought 
sometimes  to  refer  when  wc  start  propositions  of  this  kind  ;  and 
which  may  relleet  some  light  upon  the  case  now  before  us.  I  pledge 
myself  to  vote  for  the  mo.'-t  ultra  resolution  which  any  man  can 
conceive,  for  which  he  will  himself  vote,  laying  down  a  general 
rule  with  regard  to  the  description  of  public  business,  to  which  this 
Senate  has  a  right,  and  for  wliicli  they  have  a  right  to  call.  I  say, 
therefore,  to  the  Senator  from  North  Carolina,  let  him  draw  up'a 
general  resolution,  declaratory  of  the  rights  of  the  Senate  upon  this 
subject,  and  he  cannot  carry  his  resolution  too  I'ar — he  cannot 
throw  open  the  door  too  wiilcly — ho  cannot  let  in  too  much  sun- 
light— to  lose  my  support;  for  1  have  been  one  entertaining  very 
uUra  ideas  on  this  subject  of  making  everything  public.  But  I 
want  time  to  consider  the  particular  residution  which  he  has  sub- 
mitted; and,  thercforo  desiro  that  it  may  bo  laid  on  the  table  until 
wc  make  a  question  declaratory  of  tho  rights  of  the  body  in  this 


respect — a  question  which  stall  result  in  the  adoption  of  a  resolu 
lion  applicable  in  all  time  to  come,  and  by  which  we  shall  meas 
ure  all  succeeding  administrations.  I  move,  sir,  the  resolution 
be  laid  upon  the  table. 

Mr.  MANGUM. — I  hope  that  tho  honorable  Senator  will  with- 
draw his  motion  for  a  moment. 

Mr.  ALLEN.— Certainly. 

Mr.  MANGUM. — It  is  impossible,  without  a  violation  of  pro- 
priety and  decorum,  to  allude  to  what  has  been  done  in  the  Se- 
nate when  sitting  in  a  dUTerent  capacity,  and  I  shall  not  do  so. 

Mr.  ALLEN. — The  resolution  to  which  I  had  reference  was 
submitted  in  open  Senate. 

Mr.  MANGUM. — I  am  aware  of  that,  sir.  But  in  answer  to 
what  has  been  said,  by  tho  honorable  Senator  from  Michigan  on 
this  subject,  I  have  only  to  remark,  that  it  is  perfectly  competent 
for  the  President,  in  what  I  regard  a  proper  deference  to  the  Sen- 
ate, which  is  a  portion  of  the  Executive,  and  exercises  also,  a 
share  of  the  legislative  faculty  of  this  govornment,  to  make  all 
communications  to  us  in  the  strictest  eontidenee.  Is  it  to  be  main- 
tained here,  sir,  that  we,  who  must  give  efficiency,  and  consum- 
mation to  all  these  great  mea.sures,  acting,  not  upon  Executive, 
but  upon  our  own  respective  responsibilities — is  it  to  be-  contended 
that  we  are  to  be  refused  in  secret  session,  such  information  as  it 
may  be  deemed  improper  to  communicate  in  public  ?  I  have  inser- 
ted in  the  resolution,  in  a  proper  feeling  of  decorum  towards  the 
Executive,  the  usual  clause — "if  compatible  with  the  public  ser- 
vice." I  protest,  sir,  against  the  doctrine  that  tie  Executive  can 
withhold  Irom  us  any  iniormation  which  is  necessary  to  intelligent 
action  on  our  part.  What  !  deny  us  the  means  of  acting  under- 
standingly  and  intelligently  on  the  measures  submitted  by  the  Ex- 
ecutive !  Sir,  an  abscdute  despotism  could  not  ask  for  more — need 
not  seek  for  more  than  that !  As  regards  the  views  of  the  hono- 
rable Senator  from  Ohio,  it  seems  to  me,  that  he  has  considerably 
modified  his  opinions  on  this  subject.  The  distinction  now,  isthat 
in  all  matters  which  touch  our  internal  interests  and  affect  our  con- 
stituency, the  Executive  is  bound  to  give  us  all  the  information 
which  we  may  demand;  but,  that  in  those  cases  which  affect  our 
foreign  relations,  and  whicii  may  very  often  involve  matter  of  vast- 
ly greater  delicacy,  and  perhaps,  higher  responsibility,  the  Execu- 
tive is  not  to  communicate  information  to  us  I  confess,  I  cannot 
discern  the  grounds  on  which  such  a  distinction  is  drawn.  I  be- 
lieve, the  injunction  of  sccresy  has  been  removed  from  the  discus- 
sion of  the  Oregon  question  in  private  session.  It  was  insisted 
tlien,  that  the  discussion  should  be  open;  and,  if  I  be  right  in  my 
recollection,  tho  honorable  Senator  then  entertained  a  somewhat 
diflercnt  opinion  from  that  which  he  has  enunciated  here  to-day. 
If,  therelore,  on  a  renewal  of  the  motion,  this  resolution  should  be 
laid  on  the  table,  I  shall  regard  it  as  a  decisive  expression  of  the 
judgment  of  the  Senate,  that  upon  a  great  question  involving  a  vast 
expenditure  of  money,  deeply  affecting  the  future  policy  of  the 
government,  the  principle  is  asserted,  that  we  are  to  sit  here  as 
puppets  of  the  Executive  will,  voting  for  whatever  measures  may 
be  recommended  to  us,  without  the  Executive  condescending  to 
put  us  in  possession  of  those  facts  which  we  deem  essential  to  the 
formation  of  a  just  estimate  of  his  policy.  Sir,  I  hope  that  such 
a  judgment  will  never  be  affirmed  by  the  Senate. 

Mr.  CALHOUN. — The  hour  for  taking  up  the  special  order 
has  arrived,  and,  I  believe  my  colleague  has  the  floor.  I  suggest, 
that  the  resolution  of  the  Senator  from  North  Carolina,  bo  paissed 
over  till  to-morrow. 

Mr.  MANGUM. — I  have  no  objection  to  that,  sir. 

The  resolution  was  then  passed  over  informally  till  to-morrow. 

THE    TEN    REGI.MENT    BILL. 

The  Senate  resumed  tho  consideration,  on  its  third  reading,  of 
the  bill  to  raise,  for  a  limited  time,  an  additional  military  force. 

Mr.  BUTLER. — Tho  bill  upon  your  table,  sir,  proposes  to  raise 
ten  additional  regiments,  or  ten  thousand  men,  rank  and  file,  in 
addition  to  the  regular  army  now  existing,  and  under  the  control 
of  this  government.  This  bill  has  been  reported  by  the  Military 
Comruit'tee  in  conformity  with  the  recommendation  of  the  Presi- 
dent; and  we  are  also  informed  that  it  will  bo  followed  by  another 
bill,  giving  to  the  Executive,  authority,  whenever  he  may  think  pro- 
per t'o  exercise  it,  to  call  out  twenty  thousand  volunteers.  These 
are  the  measures  which  will  form  the  subject  of  our  authoritative 
action  at  this  time.  By  the  existing  laws,  the  President  of  the 
United  States  has  the  biisis  of  an  army  of  sixty  thousand  men. — 
There  are  thirty  regiments  of  regulars,  I  believe,  and  about  the 
same  number  of  volunteers,  which  have  been  authorized  to  be  call- 
ed into  service  during  this  war.  I  cannot  be  precise,  however,  as 
to  the  number  of  men  who  have  been  actually  in  service,  but  it  is 
certain,  that  if  all  the  regiments  of  regulars  were  filled  up,  there 
would  be  about  twenty-eight  thousand,  six  hundred,  or  very  near- 
ly thirty  thousand  men;  iiiid  I  understand  there  are  about  thirty 
thousand  volunteers.  It  is  true  that,  of  this  number  we  have  not 
now  in  the  field,  or  under  the  actual  command  of  officers,  more 
than  forty-five  thousand;  but  it  is  suflicieut  to  say,  that  the  Presi- 


January  17.] 


THE  TEN  REGIMENT  BILL. 


119 


dent  of  the  United  States,  as  Commander-in-Chief  of  the  ar- 
my of  this  nation,  has  the  power  to  call  out  at  this  lime — if 
we  put  the  means  in  bis  power  lo  pay  them — sixty  thousand  armed 
men.  He  now  asks  that  we  should  add  to  this  number  ten  regi- 
ments, to  be  raised  by  enlistments;  and,  I  suppose,  by  another  bill, 
twenty  thousand  volunteers  to  be  placed  at  his  disposal,  making 
in  all  ninety  thousand  men.  These,  together  with  the  seamen  and 
marines,  which  are  also  a  portion  of  the  army,  would  make,  if 
they  were  called  into  actual  service,  one  hundred  thousand  men. 

History  generally  takes  notice  of  the  more  prominent  points  in 
the  progress  and  policy  of  nations,  and  it  must  certainly  be  lemark- 
ed  in  attor  times,  that  the  largest  army  ever  raised  to  be  con- 
centrated upon  one  single  object,  by  the  republic  of  the  United 
States  of  America,  was  an  army  for  the  invasion  of  her  nearest 
neighbor,  and  the  only  other  republic  on  the  North  American  conti- 
nent. Posterity,  sir,  will  have  a  right  to  ini]uirc,  why  it  was  that  the 
councils  of  the  United  States  had  thought  proper  to  exert  the 
highest  attribute  which,  perhaps,  can  be  exerted,  for  carrying  on  a 
war  of  this  description.  We  are  indeed  told  by  the  President — or 
those  who  speak  for  him  on  this  floor — that  although  this  number 
of  men  may  be  at  his  disposal — although  he  may  call  them  out  un- 
der the  authority  of  existing  laws — yet  he  is  not  likely  to  have 
over  one-third  of  that  number  actually  in  service. 

Sir,  this  leads  me  to  another  question  which  I  am  bound  to  no- 
tice in  passing — why  is  it  that  the  Executive,  as  we  are  informed, 
cannot  raise  the  number  of  troops,  which,  by  law  he  has  authority 
to  raise,  for  carrying  on  this  war  in  the  heart  of  Mexico  ?  Why  is 
it  ?  Does  it  arise  from  popular  aversion  against  entering  mto  such 
a  service  as  this  ?  If  it  were  a  war  for  the  defence  of  our  own 
soil,  do  you  believe,  that  five  times  that  number  could  not  be  call- 
ed into  requisition  ?  Sir,  at  the  voice  of  the  Executive  of  the  Uni- 
ted States,  ten  times  that  number  would  spring  up — ready  to  de- 
fend the  national  honor  and  the  soil  of  this  republic.  And,  I  must 
here  make  another  remark:  if  all  parties  in  the  United  States 
were  to  concur  in  the  justice  and  propriety  of  carrying  on  this 
war,  I  would  answer  for  it,  that  the  President  could  not  say,  that 
it  was  out  of  his  power  to  raise  the  number  of  troops  which  the 
laws  of  the  country  authorize  him  to  raise.  But,  sir,  the  very  fact, 
that  he  is  unable  to  raise  these  troops  by  the  means  which  have 
been  put  in  his  power,  is,  I  think,  one  of  the  omens  which  a  wise 
ruler  should  regard  in  administering  the  trust — the  sacred  trust — 
that  is  committed  to  him. 

Before,  Sir,  I  proceed  further  to  discuss  this  bill,  I  must  be  per- 
mitted to  advert  to  some  of  the  tendencies  of  this  war  ?  And  in 
doing  so,  I  beg  leave  to  address  myself  particularly  to  the  propo- 
sitions for  amendment,  which  I  have  had  the  honor  to  submit.  I 
do  not  propose  by  the  amendment  on  your  table,  to  withhold  from 
the  President  the  troops,  or  such  number  of  troops  as  may  be  re- 
quired— but  I  propose  to  raise  them  in  a  difl!_'rent  manner.  And  I 
know  that  I  am  likely  to  incur  the  censure  of  those  who  sustain 
the  measures  of  the  Executive,  and  perhaps,  I  shall  encounter  the 
criticisms  of  those,  who,  speaking  ex  cathedra,  mav  find  fault  with 
the  measure  which  I  have  suggested.  Sir.  I  have  not  brousht  for- 
ward my  proposition,  without  consultintr  those  who  are  better  ac- 
qainted  with  the  subject,  than  I  am  myself,  nor  have  I  brought  it  for- 
ward for  the  purpose  of  thwarting  the  measures  of  the  President. 
But,  sir,  this  a  conjuncture  of  affairs,  which  calls  upon  every 
man,  who  feels  an  interest  in  the  welfare  of  the  republic — to  ex- 
press himself  freely,  fearlessly,  and  openly,  upon  all  matters  that 
come  before  us.  This  is  not  the  first  time,  that  I  have  found  it 
necessary  to  differ  with  the  President,  as  regards  some  of  the  mea- 
sures which  he  has  advised,  for  carrying  on  this  war  ;  and  I  am 
happy  that  I  did  contribute  at  the  last  session,  to  upset  some  of 
those  measures,  which,  in  my  opinion,  would  have  been  inconsistent 
with  the  public  interests.  I  have  introduced  this  amendment  for 
no  such  purpose.  But  I  thmk  that  this  is  a  conjiuicture  of  affairs, 
in  which  every  man  should  make  his  views  clearly  understood.  It 
is  a  time  when  every  one  should  pause  and  look  around  ;  for  I  so- 
lemnly believe,  that  every  step  we  are  taking,  we  are  going  deep- 
er and  deeper  into  the  labyrinth  of  ji  dangerous  and  inextricable 
policy — from  which  we  may  find  no  clue,  for  an  honorable  and  safe 
retreat. 

There  are  those  who  look  on  the  fair  side  of  things  always,  and 
if  the  President  had  recommended  that  we  should  put  at  his  dispo- 
sal two  hundred  thousand  men,  I  believe  there  are  men  on  this 
floor,  and  in  the  other  branch  of  Congress,  who  wduld  have  voted 
for  it,  if  on  no  other  ground  than  that  it  came  from  the  Execu- 
tive, who  is  respansible  for  this  war.  I  believe  they  would  have 
voted  for  any  number  of  men  which  the  President  miglit  luive  called 
for,  and  for  all  the  schemes — the  magnificent  and  splendid  schemes 
to  be  carried  into  operation  by  the  Executive — that  would  require 
an  army  of  two  hundred  thousand  men.  Yes,  sir,  if  we  .are  to  go 
on  with  this  enterprise  of  conquering  and  subjugating  the  republic 
of  Mexico — either  with  a  view  of  absorbing  the  whole  of  that  re- 
public, and  making  it  a  part  of  this  confederacy,  or  of  making  her 
a  dependent  province — it  would  not  be  an  extravagant  proposition 
for  the  President  to  ask  for  two  hundred  thousand  men  to  enable 
him  to  do  it  with  security  and  safety.  There  are  those,  sir,  who 
looking  at  objects  in  the  distant  horizon,  sometimes  neglect  to 
look  at  the  clouds  which  hang  above  our  heads,  and  which 
are  ready  to  burst  upon  us.  And  that  is  the  ease  with 
some  gentlemen  on  this  occasion  who,  while  thev  are  indulg- 
ing themselves  in  splendid  visions  of  revolutionizing  Mexico, 
and  making  her  a  part  of  this  republic,  or  making  her  in 
some    degree     dependent     on    us — are    neglecting    to    look    at 


the  dangers  which  surround  our  own  institutions.  I  therefore 
have  introduced  this  amendment,  in  some  measure,  that  I  might 
have  an  opportunity  of  examining  more  particularly  into  the  ten- 
dency of  the  measures  that  are  hereafter  to  be  proposed.  My 
amendment — for  I  mean  to  address  myself  more  particularly  in 
the  first  instance  to  that — goes  only  so  far  as  to  add  to  the  diffe- 
rent regiments  of  the  armj' — the  riflemen,  the  infantry,  the  artil- 
ler}',  and  the  dragoons — although  by  some  unguarded  omission 
the  dragoons  seem  to  have  been  left  out  : — to  add,  I  say,  to  each 
of  these  regiments,  three  hundred  men.  By  adding  thirty  men  to 
each  one  of  the  companies,  it  will  give  a  regiment  on  paper  of 
thirteen  hundred  men  ;  and  for  this  increase  I  only  propose  to  add 
two  subordinate  officers — and  in  some  cases  none  at  all — provided, 
however,  there  be  five  officers  to  each  company  ;  and  in  this  way 
I  shall  raise  seventy-five  hundred  ; — not  so  many  to  be  sure  as 
the  President  has  asked  for  and  the  Committee  recommended. 
But  I  can  raise  in  this  way  seven  thousand  five  hundred  men  with- 
out the  necessity  for  more"  than  a  very  few  additional  officers  1 
have  this  recommendation  in  favor  of  my  system — that  it  will  cer- 
tainly be  the  most  efficient  mode  of  raising  additional  troops  for 
active  service.  I  think  this  position  cannot  very  well  be  contro- 
verted— that  raw  troops,  infused  and  minsled  with  disciplined  sol- 
diers, are  more  readily  assimilated  and  r^,'ndcred  efficient  ;  and  all 
military  men  will  tell  you  so.  They  will  be  better  officered,  too, 
having  those  officers  who  are  experienced.  I  know  there  are 
those  who  entertain  the  belief  that  officers  can  be  selected  from 
civil  life,  equal  in  every  respect,  for  such  a  war  as  this,  to  trained 
and  educated  officers  already  in  the  army.  I  believe,  Mr.  Presi- 
dent, there  never  was  a  greater  heresy  ;  but  if  the  truth  were 
known,  and  the  testimony  of  officers  of  the  army  obtained,  we 
should  be  entirely  satisfied  that  those  battles  which  have  so  sig- 
nally illustrated  the  American  character  in  this  war,  from  'he  bat- 
tles of  Palo  Alto  and  Resaea  de  la  Palma  to  those  of  Contreras 
and  Churubusco.  were  to  be  attributed  to  the  skill  and  ability 
which  were  displ.ayed  by  the  officers  of  our  army  who  were  edu- 
cated at  West  Point.  I  know  th^e  have  been  splendid  achieve- 
ments performed  bv  the  volunteer  corps  ;  but  the  truth  is,  that 
both  the  soldiers  and  ollieers  of  the  volunteer  corps  relied  with  an 
abiding  confidence  in  all  operations  of  the  army  upon  the  science 
and  skill  of  those  who  directed  the  operations. 

Well,  sir,  in  raising  a  force  of  this  kind  you  put  them  under  just 
such  men,  not  officers  from  civil  life,  but  those  already  trained  and 
accustomed  to  the  service.  The  soldier  himself  will  be  better 
trained,  and  hu  will  be -hotter  taken  care  of;  he  will  have  the 
greater  security;  it  will  be  a  measure  recommended  by  considera- 
tions of  humanity.  I  think  this  proposition  cannot  be  disputed, 
that  it  will  be  a  more  efficient  corps,  and  that  the  transition  to 
efficient  soldiers  will  be  more  easy  and  expeditious. 

My  next  proposition  is,  that  it  will  be  cheaper.  We  have  a  right 
to  look  at  the  ten  regiment  bill  which  passed  Congress  at  the  last 
session,  with  a  view  to  ascertain  the  true  character  of  this  bill.— 
And  what  was  the  character  of  that  bill  ?  I  do  not  mean  to  say 
that  the  President  intends  to  ask  for  two  Major  Generals,  foiu'  Bri- 
gadier Generals  andthe  full  complement  of  other  officers;  but  wheth- 
er that  be  the  case  or  not,  it  is  very  certain  that  under  the  bill  before 
you,  there  must  be  ten  entire  regiments  raised,  and  for  the  pur- 
pose of  officering  these  regiments,  you  must  have  fen  Colonels, 
ten  Lieutenant  Colonels,  twenty  Majors,  one  hundred  Captains, 
and  three  hundred  Lieutenants.  Now,  in  point  of  cost,  there  is 
very  great  difference  between  the  two — the  one  has  the  recommen- 
dation of  being  cheaper,  and  when  raised  are  more  efficient;  there 
cannot  be  a  difference  of  opinion  on  these  two  propositions.  But 
the  objection  to  the  plan  I  have  suggested  is,  that  the  President 
cannot  raise  the  number  of  troops,  that  he  desires,  in  the  mode 
which  I  have  suggested  ;  in  other  woixls,  that  it  becomes  necessa- 
ry when  the  President  wishes  to  raise  a  body  of  troops,  to  appoint 
intelligent  officers  in  the  first  place,  otherwise  he  cannot  get  them. 
That  is  the  argument.  I  have  heard  it  said,  if  you  adopt  this 
plan  the  men  cannot  be  raised,  because  the  officers  under  whom 
they  are  to  serve  are  already  appointed.  It  does  seem  to  me,  sir, 
however,  that  the  men  can  be  readily  raised.  I  can  see  no  reason 
why  they  cannot.  I  do  not  sec  why  men  will  not  enlist,  without  ha- 
ving the  excitement  of  a  political  movement  every  time  we  call  for 
additional  troops.  If  this  be  the  case,  it  is  high  time  that  we  should 
examine  into  the  true  merits  of  this  war,  especially  in  regard  to 
the  character  of  the  troops  to  be  employed  in  it.  However,  sir,  I 
have  submitted  the  amendment  for  what  it  is  worth.  If  the  troops 
should  be  rai.sed  under  it,  they  will  stand  thus;  General  Scott 
now  has  at  his  command  about  thuty-one  thousand  in  the  ag- 
gregate, about  two  thousand  of  whom  are  in  garrison  at  Tam- 
pico  and  Vera  Cruz.  The  remainder  aie  now  under  his  im- 
mediate command  in  and  near  the  city  of  Mexico.  I  under- 
stand from  military  men  who  are  recently  from  there,  that  he  has 
a  moveable  column  of  twenty  thousand  to  carry  on  offensive  opera- 
tions. I  do  not  pretend  of  my  own  knowledge  to  say  what  the 
number  of  his  available  force  is,  but  if  seven  thousand  be  added  to 
those  which  it  is  said  are  now  under  his  control  he  will  at  least 
have  twenty-seven  thousand — and  there  are  to  be  recruited  under 
the  existing  laws  to  fill  the  old  regiments,  six  or  seven  thousand 
more:  add  these  and  he  will  have  at  least  thutv-four  or  five  thou- 
sand; a  number  sufficient  not  only  for  garrison  duty  hut  for  active 
operations  at  any  point  to  which  they  may  be  directed.  Why.  sir, 
Bonaparte  had  not  more  when  he  made  his  first  campaign  in  Italy 
than  thirty-five  or  forty  thousand  men.  And  what  is  it  that  these 
troops  are  to  be  required  to  do?  Not  to  fight  battles.  We  are  told  they 


120 


THE  TEN  REGIMENT  BILL. 


[Monday, 


are  not  to  fight  battles.  What  are  they  to  do?  They  are  to  over- 
run the  Mexican  States,  to  disarm  the  population,  to  confiscate  the 
public  property,  to  sequester  the  revenues,  and  to  become  the 
armed  jailors  to  those  persons  who  will  not  take  their  parole. 
The  soldiers  we  are  to  raise  now,  are  not  soldiers  who  are 
to  be  animated  by  the  love  of  glory  aud  the  spirit  of  military  ad- 
venture— their  office  is  neither  more  nor  less  than  to  be  armed 
tax-gatherers  and  jailors.  They  are  to  sweep  through  the 
country  for  the  purpose  of  gathering  treasures,  and  keeping  in  awe 
a  feeble  and  distracted  population.  But,  sir,  the  experiment  has 
not  been  made;  and  though  General  Scott  has  recommended  an 
addition,  which  will  make  the  number  of  troops  amount  to  fifty 
thousand,  I  am  satishcd  that  the  Executive  will  carry  on  his 
operations  whether  that  number  be  added  or  not.  I,  for  one,  will 
be  perfectly  willing  to  accelerate  as  far  as  I  may  be  able  all  oper- 
ations that"  mav  be  necessary  to  bring  the  war  to  a  successful  issue. 
But  it  does  seem  to  me.  that  if  we  grant  .seven  thousand  regulars 
— to  be  added  to  the  army,  in  the  manner  I  propose,  which  is  as 
much  as  has  ever  beim  employed  under  any  general  of  this  country 
in  the  service — it  will  be  suifieient  for  any  purpose  that  can  be 
desired  in  order  to  bring  this  war  to  a  close;  and  I  trust  in  God  it 
is  the  last  war  of  invasion  in  which  we  shall  ever  be  engaged. 
But  while  I  have  thus  intimated  my  purpose  to  concur  to  some 
extent  in  raising  the  number  of  men  'which  the  President  may  re- 
quire for  his  immediate  purposi^s,  I  cannot  shut  my  eyes  to  the 
tendency  oflhe  measures  which  are  likely  to  be  adopted  as  the 
permanent  policy  of  this  government.  The  President  has  told  you 
111  his  message,  ihat  it  is  not  his  design  to  carry  on  this  war  for 
the  subjugation  of  all  Mexico,  or  the  destruction  of  her  nationality. 
But  I  have  seen  enough,  sir,  to  satisfy  me  that  the  current  of  con- 
sequences is  carrying  the  measures  recommended  even  by  the  Exe- 
cutive himself  far  beyond  his  control. 

Since  the  discussion  of  this  subject  commenced,  within  the  last 
fortnisht,  there  have  been  certain  demonstrations  of  public  opinion 
not  to  be  mistaken.  I  have  hea^  it  openly  avowed  that  this  war  is 
not  to  be  carried  on  merely  for  the  purpose  of  making  peace  with 
Mexico  under  a  satisfactory  treaty  ;  but  that  it  is  to  be  prosecuted 
with  the  more  obnoxious  design  of  conquering  Mexico  and  bring- 
ing her  into  subjection,  either  as  an  independent  province,  or  to  be 
annexed  as  a  part  of  our  territorial  government.  Sir,  it  is  not  to 
be  disguised.  When  my  colleague  first  intimated  that  such  w-ould 
be  the  tendency  of  the  measures  recommended  by  the  President, 
the  friends  of  the  President  on  this  floor — and  I  have  no  doubt 
they  spoke  by  authority — repudiated  the  idea  and  said  that  nothing 
was  further  from  the  intention  of  the  President  than  such  a  desitfu. 
I  cannot  impute  to  the  Chief  Magistrate  any  design  under  the 
cover  of  any  ambiguous  terms.  He  has  said — and  I  believe  he 
was  honest  when  he  said  it — that  it  was  not  his  purpose  to  subju- 
gate Mexico  and  destroy  her  nationality.  But  if  the  President 
should  be  unable  to  control  the  tendency  of  his  own  measures, 
what  diflTerenco  will  it  make  to  the  people  whether  the  result 
arises  from  design,  from  ignorance,  or  from  his  inability  to  control 
the  tendency  of  the  measure  which  he  himself  proposes  ?  The 
efTect  will  be  the  same.  Are  we  any  nearer  peace  now  than  we 
were  at  the  eommeneement  of  the  campaign,  which  has  fulfilled 
the  most  sanguine  expectations  of  .all  those  who  were  interested 
in  the  accomplishment  of  the  designs  of  the  Executive  ?  I  can 
never  forget  the  time  when  that  campaign  was  under  discussion  in 
private  circles — the  deep  anxiety  that  I  felt  on  the  subject — (I 
mean  the  campaign  which  may  be  denominated  the  Vera  Cruz 
expedition.)  There  were  men  who  foreboded  the  greatest  evils — 
men  who  looked  at  it  with  a  distrustful  eye— who  denounced  it  as 
rash  and  unmilitary,  and  one  likely  to  result  in  disastrous  conse- 
quences. Gentlemen  will  recollect  the  deep  anxiety  which  was 
felt  by  all  who  bad  friends  or  relatives  in  that  expedition,  at  the 
time  of  the  landing  of  General  Scott  at  Vera  Cruz.  And  when  it 
was  ascertained  that  they  had  landed  in  safety  upon  that  soil  which 
was  destined  to  cover  the  bones  of  so  many  of  our  gallant  soldiers, 
the  common  feeling  throughout  the  United  States,  was  a  feeling  of 
joy  at  the  prospect  of  approaching  peace.  Peace  was  then  co^nfi- 
dently  calculated  ujion,  but  no  peace  came.  General  Scijtt  was 
then  in  the  most  diflu-ult  of  all  situations.  He  had  not  only  to  fin-ht 
his  way  against  an  enemy,  and  a  formidable  enemy,  but  he  had°to 
fight  for  the  escape  of  his  army  from  the  efleets  of  the  climate,  to 
save  his  men  from  certain  destrnetion;  liir  if  he  had  not  been  able 
to  pass  the  heishts  of  Ccrro  Gordo,  the  climate  would  have  de- 
stroyed more  than  would  have  fallen  by  the  sword  of  the  Mexi- 
cans. And  with  what  number  of  men  was  it  that  General  Scott 
landed?  Not  over  thirteen  thousand;  and  with  not  over  eight 
thousand  he  passed  the  heights  of  Cerro  Gordo.  He  was  obli- 
ged to  use  the  utmost  expedition  or  risk  the  consequences  to  be 
apprehended  froni  the  diseases  of  the  country.  He  was  reduced 
to  the  necessity  of  risking  the  i.ssue  of  an  unequal  contest  in  pass- 
ing that  which  was  regarded  as  the  most  impregnable  of  any 
fosition  which  had  been  erected  by  the  Mexican  covernmrnt. 
f  the  incidents  and  events  attending  these  battles  had  Imhmi  writ- 
ten by  Levy  or  Plutarch  the  reader  would  have  felt  hisehceks"lowin 
reading  them.  They  have  given  us  names  which  are  destuied  to 
go  down  to  posterity,  at  whose  mention  the  American  heart  will  ex- 
ult. There  are  many  who  did  not  feel  the  exiatement  incident  to 
that  first,  and,  perhaps,  I  may  say,  important  victorv,  which  was 
gained  during  this  eventful  camiiaign.  If  not  the  most  imjiortant 
it  must  undoubtedly  be  regarded  as  the  most  splendid  achievement 
ol  the  campaign.  I  shall  not  undertake  to  describe  the  achieve- 
ments before  the  walls  of  Mexico  ;  it  has  been  better  done  by  the 
honorable   Senator  from  New  York.    But  these  battles  did  not 


bring  peace.  The  army  is  in  Mexico — is  there  any  peace  ?  Have 
we  not  the  right  to  ask  the  question,  what  have  been  the  important 
results  proceeding  from  those  splendid  and  magnificent  victories? 
Their  soil  has  been  enriched  by  the  blood  of  those  who  have  sacri- 
ficed their  lives  to  maintain  what  they  regarded  to  be  the  honor  of 
their  country.  But,  Mr.  President,  while  we  can  take  pride  in 
the  heroism  of  our  countrymen,  and  rejoice  with  those  who  survive, 
— and  every  one  can  profit  by  the  history  which  will  be  written  of 
the  dead — we  must  recollect  that  that  history  is  written  upon  tomb- 
stones— that  it  will  be  found  in  the  neglected  graves  of  our  soldiers, 
whose  bones  and  blood  are  now  enriching  a  foreign  soil — in  the 
tears  of  widows,  in  cries  of  orphans,  and  in  statutory  provisions 
for  your  maimed  soldiers.  These  are  the  only  fruits,  as  I'ar  as  we 
have  seen,  of  those  splendid  achievements.  Have  you  a  right  to 
expect  any  other  ?  Is  there  .any  prospect  that  there  will  be  any 
other  ?     I  hope  there  may  be  other  rcsciits. 

The  President  has  tohl  us  that  the  only  mode  by  which  he  can  ob- 
tain a  peace  is,  by  the  entire  subjugation  oflhe  people  of  Mexico, 
so  as  to  reduce  them  to  an  unconditional  submission.  That  is  the 
only  alternative  left.  But  there  are  other  and  more  prominent  rea- 
sons why  we  have  no  peace,  and  one  is  from  our  own  divisions. — 
This  war  has  encountered  a  most  formidable  opposition  at  home; 
and  all  Europe  is  against  us.  Where  in  all  history  have  you  found 
such  opposition  as  there  is  to  this  war  at  this  -\ery  time  ?  I  do  not 
know  what  party  ought  to  be  responsible.  The  majority  of  the 
popular  branch,  I  understand  to  be  against  it,  and  we  have  only  to 
look  at  this  Senate  to  see  the  formidable  array  of  those  who  coun 
tenanee  that  opposition.  A  wise  magistrate  should  take  council  from 
the  signs  of  the  times.  Lord  North  pushed  the  current  of  his  mea- 
sures so  far  that  he  could  not  control  them,  because  he  would  not 
take  counsel  of  those  eminent  statesmen  of  their  time.  Fox,  Pitt  and 
Burke.  I  have  no  right  to  allude  to  names,  but  let  the  Execu- 
tive understand  this  much,  that  some  of  the  highest  names  of 
this  country  are  now  giving  him  counsel — not  directly,  but  in  the 
form  of  expressed  oi.mions — to  which,  if  he  is  wise,  he  should  give 
something  like  the  attentive  consideration  that  is  due  to  so  formi- 
dable and  imposing  an  exhibition  of  public  sentiment. 

I  cannot  concur  myself  (and  I  have  said  so  on  another  occasion) 
in  the  mode  in  which  those  who  are  opposed  to  the  war  propose 
to  terminate  it.  In  my  opinion  it  would  have  been  best  lor  us  to 
concur  in  the  most  effectual  measures  for  bringing  it  to  a  close, 
and  it  is  possible  that  if  we  had  all  concurred  in  passing  measures 
for  bringing  this  war  to  a  close,  by  this  time  Mexico  w'ould  have 
found  it  hopeless  to  hold  out  any  longer;  but  she  has  taken  hope 
from  the  opposition  to  the  war  which  has  existed  among  ourselves, 
but  that  is  not,  in  my  opinion,  the  most  prominent  source — cer- 
tainly it  is  not  the  only  source — of  her  inducement  to  protract  this 
war.  I  think  Mexico  has  a  right  to  complain  of  the  exacting 
terms  which  we  have  been  demanding  of  her  as  the  price  of  peace. 
Why,  sir,  when  the  ten  regiment  bill  was  under  discussion  at  the 
last  session,  I  recollect  the  honorable  chairman  of  the  Committee 
on  Foreign  Relations,  acting  no  doubt,  as  the  oi-gan  of  the  admin- 
istration, advertised  the  whole  country— before,  sir,  the  territory 
was  reduced  to  subjection  by  our  arms;  and  before  we  had  any 
right  of  conquest  over  it — that  the  least  that  would  be  demanded 
of  Mexico  in  any  negotiation  for  peace  would  be  New  Mexico  and 
all  of  California. 

Mr.  CALHOUN  (in  bis  seat.)— Upper  California. 

Mr.  BUTLER.— All  of  California,  Upper  and  Lower.  And, 
sir,  I  thought  at  that  time  that  it  was  one  of  those  declarations 
that  was  very  well  calculated  to  offend  the  pride  and  arouse  the 
jealousy  of  any  nation.  No  nation  on  earth,  that  had  a  spark  of 
national  pride,  could  submit  to  be  told  in  advance  that  she  was  to 
be  despoiled  of  nearly  one. third  of  her  territorial  dominions,  and 
that  before  we  had  obtained  anything  by  right  of  conquest.  But, 
sir,  this  is  not  all.  The  President  of  the  United  States  has  gone 
further,  and  told  us  in  his  late  annual  message  that  only  Kew 
Mexico  and  Upper  and  Lower  California  bad  been  conquered  ;  but 
that  he  would  not,  under  any  circumstances,  sign  a  treaty  cecing 
them  or  any  part  of  them  to  Mexico  again.  He  has  gone  further, 
Mr.  President,  and  what  struck  me  as  somewhat  remarkable  at 
the  time,  he  has  assumed  that  they  are  our  territorial  dominions 
now,  and  thai  the  government  of  the  United  Slates  lias  a  right  to 
appropriate  them  by  extending  their  civil  jurisdiction  over  them. 
This  is  nothing  more  nor  less  than  assumiu';  that  we  have  a  good 
title  to  these  territories  by  conquest.  It  does  seem  to  mo,  as  it 
seemed  then — and  upon  perusal  of  books  upon  the  subject,  I  am 
still  more  satisfied — that  it  is  entirely  against  all  the  weight  of 
authority  in  the  laws  of  nations.  There  is  no  such  thing  as  one 
nation  ^^cgra'i'e  4c//o  acquiring  title  to  the  territory  of  another, 
until  there  shall  have  been  a  treaty  of  peace  made,  or  an  aban- 
donment of  right  on  the  part  of  the  conquered  nation — or  unless 
such  cireumstancs  exist  as  to  induce  the  other  nation  to  recognize 
(he  right  thus  claimed.  I  know  no  instance  in  modern  times,  of 
title  to  any  territory  being  consummated  and  perfected  by  the  law 
<jf  the  strongest — although,  during  war,  it  i*  one  of  the  modes  of 
annoying  an  enemy  to  take  possession  of  the  territory  of  that  ene- 
my, if  it  can  be  seized  ujion  iiy  either  of  the  belligerents. 

War  does  not  consist  merely  in  fighting.  War  has  other  modes 
in  which  it  may  be  conducted;  and  one  of  the  modes  in  which  it 
ought  to  be  conducted  is,  to  seize  the  jirtiperty  of  your  enemy,  for 
the  }iurpose  of  depriving  him  of  the  means  which  he  otherwise 
would  have  of  sustaining  himself,  or  the  contest.  This,  sir,  is  one 
mode  of  carrying  on  a  war — and  so  I  say  as  we  hold  possession  of 
this  territory)  we  arc  but  carrying  on  the  war  legitimately.    It  in 


January  17.] 


THE  TEN  REGIMENT  BI1.L 


121 


not  war  to  fight,  because  there  is  nobody  to  fight;.  But  if  tho 
United  States  advertise  Mexico  that,  under  no  circumstances,  can 
these  territories,  or  any  part  of  tliem,  be  ceded  or  given  back  to 
her,  under  a  treaty  of  peace,  why  talk  about  ne^ociation  ?  Why 
speak  of  making  a  peace  under  the  form  of  a  treaty  ?  Why  resort 
to  such  a  miserable  mockery  ?  Why  seek  to  disguise  your  course 
under  such  miserable  pretences.  Negotiation  for  what  ?  You  will 
say  "Mexico,  you  must  negotiate,  but  if  you  do  it  is  with  this  dis- 
tinct understanding — that  we  are  to  hold  all  we  have,  and  compel 
you  to  give  up  as  much  more  as  we  can."  Why  if  she  were  as 
strong  as  you,  she  would  never  submit  to  that,  because  it  would 
be  degradation  ;  and  because  she  is  a  weak  nation,  is  it  any  reason 
that  a  neighbor  should  presume  upon  her  defenceless  condition,  and 
extort  terras  from  her,  which  would  be  unworthy  in  her  to  grant 
in  any  negiation  with  an  equal  ?  What  right  has  the  republic  of  tho 
United  States  to  graduate  the  scale  of  nations,  in  point  of  dignity 
and  influence  ?  II  we  were  to  consult  what  should  be  the  proper 
example,  under  the  influence  of  christian  civilization  it  would  be, 
sir,  as  far  as  possible,  to  raise  the  dignity  of  the  only  other  republic 
on  this  continent,  and  hold  it  as  equal  with.the  proudest  despotism 
or  monarchy  on  eafth.  This  would  be  right,  sir.  The  laws  of 
nations  are  made  up  of  precedents  like  this. 

We  should  set  an  unworthy  example,  were  we  to  act  otherwise 
in  reference  to  a  weak  power  that  is  prostrate  at  our  feet.  It 
would  be  abhorrent,  sir,  to  my  notions  of  justice.  I  know  there  are 
tliose  who  insist  that  that  there  is  no  wisdom  in  magnanimity. — 
Before  God,  I  believe  there  is  more  wisdom  in  the  impulses  of  a 
warm  heart,  than  in  the  devices  of  a  crafty  head,  and  especially 
if  it  is  a  crafty  head  looking  forward  to  gratify  certain  designs  of 
ambition. 

I  know,  sir,  very  well  that  all  I  shall  say  on  this  subject  may 
have  very  little  influence,  but  I  intend  to  require  the  friends  of  the 
President  to  vindicate  the  proposition,  that  before  we  have  acquired 
a  title  according  to  the  laws  of  nations  by  a  treaty  of  peace, 
we  should  assume  to  be  the  owners  of  the  land;  that  we  have  the 
right  to  extend  over  it  our  own  laws  and  invite  our  citizens  to  set- 
tle upon  it.  Where  does  such  law  come  from?  It  has  been  said, 
sir,  that  a  victorious  country  is  rarely  deaf  to  the  suggestions  of 
ambition  and  avarice,  and  I  am  afraid  we  will  find  in  ourselves  an 
exemplification  of  the  remark.  No,  sir,  as  a  matter  of  policy  wo 
should  not  insist  on  it.  We  have  no  right  to  insist  upon  it,  if  we 
intend  to  have  negotiations  upon  anything  like  principles  of  equality 
and  justice.  But  as  I  have  thus  far  disppprovedof  the  mode  here- 
tofore pursued,  with  a  view  to  obtain,  what  all  speak  of  as  desira- 
ble, and  what  all  are  anxious  to  obtain,  an  honorable  and  speedy 
peace,  I  may  be  asked  what  course  would  you  suggest?  Pei-haps, 
sir,  my  opinion  will  have  very  little  influence,  but  as  I  have  taken 
the  liberty  to  indulge  somewhat  in  censures  upon  the  measures  of 
others,  I  ought  not  to  withhold  my  own  opinions  as  to  what  would 
be  the  proper  measures  to  be  adopted. 

But-hefore  I  do  so,  I  am  compelled  cursorily  to  look  back  to 
those  raeasm'es  which  preceded  the  admission  of  Texas  into  this 
Union,  and  to  the  situation  of  Texas  before  that  Union  was  con- 
summated, and  to  examine  upon  what  title  she  held  the  land  which 
she  claimed  to  possess,  whether  by  title  acquired  by  her  at  the  time 
of  the  revolution;  or  whether  by  title  acpuired  by  conquest  subse- 
quently. For  a  title  acquired  by  a  revolution;  and  a  title  acquired 
by  subsequent  conquest  are  very  different  things.  They  are  essen- 
tially diflerent.  Texas,  as  I  understand,  when  she  raised  the 
standard  of  resistance  to  what  she  regarded  as  encroaeluuents  on 
the  part  of  the  Mexican  government,  comprehended  not  only  the 
fimits  of  Texas  proper,  but  also  the  district  of  Coahuda  ;  thus 
including  territory  lying  on  both  sides  of  the  river.  She  had  no 
right,  at  this  time,  to  any  part  of  the  territory  comprised  within 
the  limits  of  Tamaulipas;  and  if  she  acquired  any  right  to  this 
territory,  lying  between  the  Neuees  and  the  Rio  Grande,  it  is  not, 
sir,  and  I  undertake  to  say  so,  as  a  lawyer,  by  any  right  incident 
to  her  in  consequence  of  her  revolution.  I  will  point  out  to  you 
as  far  as  I  can,  the  extent  of  her  title  under  the  revolution. 

As  I  understand,  sir,  sometime  in  1835  General  Cos  passed 
through  Tamaulipas.  Leaving  a  garrison  at  Goliad,  he  push- 
ed forward  and  took  up  his  quarters  at  San  Antonio.  Thence  he 
sent  a  detachment  of  soldiers  to  take  possession  of  some  cannon  at 
a  village  in  the  neighborhood.  Well,  the  first  symptom  of  the 
revolution  was  the  rising  of  the  people  of  this  little  village  to  pre- 
vent their  cannon  from  being  taken.  They  were  not  content  to 
liinit  their  exertions  simply  to  prevent  the  taking  of  their  cannon, 
but  they  raised  an  army  and  drove  back  General  Cos  and  reduced 
him  to  the  necessity  of  entering  into  stipulations  that  he  w-ould 
never  take  up  arms  against  Texas  again.  Well,  this  was  the 
commencement  of  the  revolution.  In  1836  Santa  Anna  brought 
his  army  to  the  Rio  Grande,  which  he  crossed,  and  re-took  all 
these  posts  again,  marking  his  course  in  blood  and  ashes  as  he 
p.assed  alons  ;  and  not  in  the  ashes  of  inanimate  substances  only, 
but  in  the  ashes  of  the  soldiers.  He  drove  them  before  him.  He 
passed  the  Brazos  and  was  going  on,  when,  at  San  Jacinto  he  was 
met  and  overthrown  by  the  Te.xan  army. '  There  he  was  taken 
prisoner.  The  revolution  of  Texas  was  thus  consummated,  as 
far  as  it  could  be  consummated,  by  the  capture  of  this  prisoner 
and  the  reduction  of  Filisola  to  their'terms,  which  were  the  resto- 
ration of  all  prisoners  and  property  in  his  possession.  Santa  Anna 
entered  into  a  treaty,  not  only  to  give  up  all  prisoners  and  pro- 
perty, but  all  that  territory  lying  between  the  Nueces  and  the 
Rio  Grande.  Now,  I  am  not  one  of  those  who  maintain  that 
this  treaty  gives  a  title.  I  am  very  far  from  meaning  any  such 
thing  ;   but  I  resort  to  it   for  another  purpose.     The  revolution 


30th  Cong.- 


purpose . 
-1st  Session — No.  16. 


havuig  been  conducted  under  the  organized  government  of  Texas 
proper— gives,  it  seems  to  me,  the  right  to  all  the  land  on  this 
side  of  the  Nueces.  But,  as  regards  Tamaulipas,  that  was  a  dis- 
tinct and  separate  State.  What  right  had  Texas  to  this  ?  If  she 
acquired  any  right  it  must  have  been  by  conquest.  Now,  what 
was  the  nature  of  tho  possession  by  whiidi  she  could  establish  her 
right  of  conquest  ?  Why,  these  are  the  circumstances  that  are 
relied  on,  that  some  of  the  inhabitants  who  had  taken  refuge  under 
the  flag  of  General  Rusk,  returned  and  settled  there  by  his  per- 
mission. At  the  same  time,  the  Texas  flag  was  hoisted  at  Corpus 
Christi?  So  that  possession  of  the  west  bank  of  the  Nueces  was 
kept,  until,  on  another  military  demonstration  on  the  part  of  Mexi- 
co, the  inhabitants  again  applied  for  protection  and  he  ordered 
them  to  retire  beyond  the  river;  they  did  so,  and  after  the  danger 
was  over  returned  to  their  possessions.  These  are  the  evidences 
of  possession,  and  they  are  the  evidences  of  the  pos.se5sion  of 
only  a  part  of  this  territory,  a  possession,  which,  in  the  lan- 
guage of  lawyers,  might  have  given  a  color  of  title  to  her  by 
constructive  possession  of  the  whole.  And  such,  I  think,  would 
have  been  the  legal  inference,  if  Mexico  had  not  had  a  previous 
and  older  title  of  possession  to  a  part  of  the  territory  lying  along 
the  Rio  Grande.  But  the  fact  is  so.  She  had  custom  houses 
there;  the  citizens  recognized  the  laws  of  the  Mexican  government, 
and  debts  were  collected  under  these  laws. 

Such  was  the  situation  of  afl'airs  when  annexation  took  place. 
Mexico  had  po.ssession  of  a  part,  and  Texas  of  a  part  lying  on  the 
banlfs  of  the  respective  rivers  leaving  the  intervening  space  divided 
by  a  shadowy  line  which  could  not  very  well  be  distinguished. 
Under  the.se  circumstances  the  annexation  took  place,  and  General 
Taylor  was  ordered  wnth  his  army  to  Corpus  Christi,  on  the  right 
bank  of  the  Nueces,  and  in  a  part  of  the  disputed  territory.  Now, 
was  there  a  perfect  title  in  legal  contem-plation  in  the  republic  of 
the  United  States?  I  have  no  doubt,  sir,  Texas  had  as  good  a 
right  as  Mexico;  there  was  concurrent  possession.  This  was  ex- 
actly the  position  in  which  neither  had  exclusive  right  to  the  whole. 
There  wi»s  no  exclusive  right  in  either,  so  far  as  regards  a  definite 
certain  title.  Under  these  circumstances  General  Taylor  was  or- 
dered down  to  Corpus  Christi,  with  a  view  to  occupy  the  territory 
of  Texas  to  protect  it  from  the  invasion  of  Mexico.  Now  comes 
the  most  dilfieult  and  debatable  point  at  issue,  upon  which  it 
seems  to  me  the  merits  of  this  war  must  ultimately 
turn.  General  Taylor  was  there,  and  by  direction  of  the  gov- 
ernment, and  he  had  a  right  to  remain  there  until  he  received 
further  orders  from  home.  An  Envoy  Plenipotentiary,  Mr. 
Slidell,  was  sent  to  Mexico  with  a  view  to  negotiate,  if  he  could, 
and  settle  the  boundary.  We  all  know  the  result  of  this  negotia- 
tion. Herrera,  who  was  then  in  power,  was  perfectly  willing  to 
receive  him,  as  he  said,  as  Commissioner  to  settle  the  boundary; 
but  he  could  not  receive  him  as  Plenipotentiary.  It  might  have 
been  an  idle  objection,  but  our  government  insisted  that  the  cup  of 
reconciliation  was  exhausted  and  that  he  should  be  received  in  the 
character  in  which  he  was  sent  to  Mexico.  After  Mr.  Slidell  was 
recalled,  or  after  he  took  his  passports,  it  must  be  recollected 
the  march  of  General  Taylor  to  the  Rio  Grande  took  place. 

Now,  sir,  I  am  going  to  excuse  the  President  for  acting  on  the 
advice  and  suggestions  of  Gen.  Taylor,  in  any  thing  that  he  did  by 
his  orders  for  moving  the  army  from  one  place  to  another.  Tho 
General  was  placed  in  a  situation  to  get  information,  and  was 
bound  to  communicate  it,  with  his  opinion,  to  the  President  as 
eommander-inchief,  upon  whom  had  devolved  the  highlj-  respon- 
sible office  of  fulfilling  tho  directions  of  the  Legislature.  It  was 
Gen.  Taylor's  duty  to  take  a  proper  position  tor  the  occupation  of 
Texas,  and  to  go  to  any  point  that  he  might  be  directed.  Under 
his  first  orders,  the  General  might  have  gone,  as  he  seemed  to 
think  it  was  his  duty  to  have  done  in  the  first  instance,  to  the 
banks  of  the  Rio  Grande.  He  forebore  doing  so,  for  the  want  of 
certain  military  appliances,  and  contented  himself  by  sitting  down 
at  Corpus  Christi.  Here  he  continued,  in  some  measere,  abiding 
the  result  of  negotiations.  His  decided  opinion  always  had  been 
that  the  Rio  Grande  presented  the  best  position  for  military  re- 
connoissanee  and  operations.  He  gave  this  opinion  to  the  Presi. 
dent,  evidently  under  the  belief  that  he  might  in.eertain  contin- 
gencies have  to  resort  to  force  to  defend  the  occupation  of  Texan 
territory.  After  having  given  this  advice,  in 'another  letter  he 
said  that,  if  the  disputes  of  the  two  Governments  could  be  settled 
by  negotiations,  the  army  might  well  remain  where  it  was.  at 
Corpus  Christi.  With  these  instructive  suggestions  before  him, 
the  President  had  a  right  to  act  as  he  thought  proper.  His  duly 
was  to  hold  the  occupation  of  the  country  by  the  army.  He  had  a 
large  and  perhaps  dangerous  discretion.  So  long  as  Mexico 
rel'raine<l  from  taking  possession  of  the  disputed  territory  lying 
beyond  the  Nueces  with  an  armed  force,  or  iorebore  to  make  anv 
obvious  demonstration  of  a  design  to  use  force — military  force — the 
President  was  bound  to  do  the  same.  He  had  his  hand  on  the 
spring  of  a  terrible  engine,  a.id  was  bound,  under  the  highest  obli- 
gations, to  touch  it  with  the  skill  and  ]  recision  of  a  master.  It 
is  easy  to  cry  havoc  and  let  slip  the  dogs  of  war,  but  it  is  hard  to 
call  them  front  their  dreadful  revelry.  The  question  is  pregnant 
with  an  important  issue,  For  what  purpose  did  the  President  order 
the  army  from  the  Nueces  to  the  Rio  Grande  ?  It  was  done  after 
the  withdrawal  of  Mr.  Slidell,  and  after  it  had  been  said  that  the 
cup  of  reconciliation  was  exhausted.  Was  it  done  in  the  view  of 
having  the  contrciversy  brought  to  a  close  by  an  appea'  to  the 
sword  ?  If  so,  he  acted  with  a  criminal  indiScrencc  to  consequen- 
ces, and  in  disi;egard  of  his  constitutional  duty,  having  neither  tho 
power  to  make   war  nor  wilfully  to  place  the  country  in  such  eir- 


122 


THE  TE.\  REGIMENT  BILL. 


[Monday, 


cumstances  as  would  leiid  to  it.  In  a  juncture  so  full  of  danger 
ha  should  have  appealed  to  Conirress.  There,  then,  is  one  view 
of  the  subject  in  which  I  would  hold  the  conduct  of  the  Chief  Ma- 
gistrate entirely  justifiable.  If  he  were  satisfied,  from  Gen.  Tay- 
lor's communications,  that  Mexico  was  mat-inp;  open  demon.stra- 
tions  of  a  design  to  make  a  lodf^nient  of  her  armv  on  this  territory 
in  disptite,  he  should  have  prevented  it  by  a  simifar  movement.  In 
such  a  juncture  he  had  to  use  the  vigilfnce  and  information  of  Iiis 
military  ollicer.  Had  General  Taylor  then  reasonable  frrounds  lor 
apprehension,  that  the  Mexican  forces  were  moving  to  this  point  f 
If  so,  he  was  perfectly  right  in  anticipating  them  in  the  contest  lor 
the  possess  on.  The  issue  of  this  controversy  depends  on  tins  State- 
ment of  the  ease.  Whilst  the  President  has  no  right  to  make  war, 
he  mav  rightfully  use  the  army  to  repel  the  hostile  invasion  ol 
conceded  oi"  disputed  territory  ;  but  not  to  brmg  on  circumstances 
that  would  lead  to  such  a  result. 

Mr  n AVIS  of  Mississippi.— If  the  .Senator  will  permit  me,  I 
would  su2gest  that  Gen.  Taylor,  in  marching  t^o  the  Rio  Grande, 
mot  the  Mexican  army  about  half  way— on  the  banks  oi  the  Littlo 
Colorado— and  was  informed  by  the  Commander  of  the  Mexican 
forces,  that  if  he  crossed  that  stream,  it  would  be  held  an  act  ol 
war. 

Mr.  liUTLEK.— I  understand  all  that. 

Mr.  DAVIS.— The  Mexican  army  moved  first. 

•  Mr.  BUTLER.— I  do  not  recollect  dates;  but  I  understand  the 
order  to  General  Taylor  was  issued  before  the  Mexican  army 
advanced . 

Mr.  DAVIS. — I  do  not  know  at  what  time  the  Mexican  army 
proceeded  to  this  jioint .  hut  we  do  know  that  General  Taylor  found 
them  in  position,  and  they  must,  therefore,  have  moved  first.  That 
is  a  fair  inference. 

Mr.  SEVIER.  The  order  was  given  to  General  Taylor  in 
Januarv;  in  February  it  was  received  by  liim,  and  in  March  he 
was  in  motion. 

Mr.  BUTLER. — I  shall  concur  with  the  Senator  readily  in  this 
point  of  view,  for  I  regard  both  as  having  possession.  I  think  that 
General  Taylor  was  riglu  to  advise  the  Government  to  anticipalo 
the  Mexican  army.  I  "have  always  been  under  tlie  impression, 
however,  that  the  order  to  move  was  issued  long  before.  How- 
ever, sir,  1  do  not  think  it  makes  a  great  deal  of  differenee  as  far 
as  regards  the  situation  of  alVairs  now.  All  concur  in  desiring  to 
bring  this  war  to  a  close  by  as  honorable  a  peace  as  can  be  very 
well  cilected.     And  how  is  it  to  be  done  ? 

Now,  sir,  having  come  to  the  conclusion  that  we  are  bound  to 
maintain  the  rights  of  Texas  to  the  territory  between  the  Nueces 
and  the  Rio  Grande — and  I  certainly  think  we  are  bound  by  the 
most  solemn  of  pledges — for  we  have  an  act  of  this  very  body  re- 
citing that  American  blood  had  been  shed  on  American  soil — there 
it  stands  on  your  Statute  Book  the  most  solemn  of  all  declarations, 
that  this  territory  did  belong  to  Texas,  and  to  this  country  by  an- 
nexation— and  though  it  was  a  subject  of  honest  dispute  between 
Texas  and  Mexico,  and  between  the  United  States  and  Mexico — 
yet  we  have  passed  ludgment  upon  it  and  said  to  Texas  it-is  a 
part  of  her  territory — and  in  consequence  of  that  pledge,  it  seems 
to  me  we  never  can  yield  one  foot  of  land  this  side  of  the  Rio 
Grande.  But,  sir,  that  is  as  far  as  I  will  go  as  an  ultimatum  of 
any  proposition  of  peace  to  that  government. '  I  would  insist,  in 
the  first  instance,  in  every  measure,  that  to  the  Rio  Grande 
we  are  bound  imdcr  the  most  solemn  of  pledges  to  protect  the 
rights  of  Texas.  But  then  the  question  may  lie  asked — and  it  is 
a  proper  question — how  would  you  establish  any  other  line  for 
separating  the  territories  of  the  United  States  from  those  of  Mex- 
ico ?  Will  you  fall  back  upon  any  line  which  separates  Oregon 
from  Mexico  ?  I  think  not,  sir.  But  by  way  of  making  it  as  ac- 
ceptable as  possible  to  Mexico, 'and  with  a  sincere  desire  to  ter- 
minate this  war,  I  would  not  hesitate,  if  it  were  to  be  done  to- 
morrow, to  send  the  most  illustrious  embassy  to  Mexico  and  pro- 
pose to  her  terms  of  peace,  npon  ^Xna  ultimatum,  w'lVa  the  right, 
however,  to  demand  from  her  to  say  what  line  she  should  run  by 
way  of  compensating  us  for  the  claims  we  have  against  her,  and  I 
should  think  it  no  degradation.  If  it  were  a  strong  government, 
an<l  we  wcnr  actually  engaged  in  a  contest  to  be  decided  by  force 
of  arms,  it  might  be  otherwise.  But  Mexico,  prostrate  and  feeble 
as  she  is,  it  is  no  degradation  to  make  any  terms  by  which  we  can 
terminate  this  unhappy,  this  disastrous  war. 

I  know  the  su"gestions  which  I  make  are  not  likely  to  be  adopt- 
ed, but  I  think  that  what  I  have  already  intimated  as  the  limit  is 
one  from  which  we  cannot  depart.  We  are  bound  to  say  to  Mex- 
ico, we  cannot  give  you  any  land  on  this  side  of  the  Rio  Grande, 
but  we  will  leave  you  to  say  what  line  you  will  agree  to  run  from 
the  Kio  Grande  to  the  Pacific.  I  would  give  her  the  option  in  the 
first  instance  lo  say  what  line  she  would  agree  to,  thouirh  I  do  not 
say  I  would  be  bound  by  it  ;  but  I  say  I  would  not  hesitate  to  give 
her  the  right  to  indicate  the  line  she  would  .adopt.  Perliaps''she 
might  adopt  the  thirty-seventh  degree,  and  I  might  be  asked  the 
([uestion,  would  von  be  satisfied  with  that  line? 

I  have  no  hesitation  at  all  in  stating,  that  it  is  our  interest  to 
encourage  and  countenance  Mexico  as  an  independent  republic,  and 
let  whatever  lino  may  be  agreed  on,  be  it  thirty-seven  or  thirty- 


eight,  all  the  territory  we  want,  or  all  it  is  said  we  want,  will  fall 
into  our  possession  inevitably.  There  is  no  way  ol  preventing  the 
American  people  from  settling  in  the  territory  now  claimed,  and 
which,  it  seems  to  be  presumed  by  the  President,  is  to  fall  into  our 
possession.  But  I  may  be  asked,  if  Mexico  propose  a  line,  would 
you  adopt  it  ?  If  there  is  any  one  thing  which  the  policy  of  this  go- 
vernment dictates  more  than  another,  it  is  to  terminate  this  war. 
And,  sir,  we  cannot,  at  this  conjuncture,  make  too  great  sacrifices 
to  terminate  the  war.  I  speak  now  as  a  Southern  man,  and  if  I 
were  only  to  have  in  view  what  mnst  ultimately  be  the  interests  of 
the  Southern  States,  I  would  enter  most  fully  into  the  mad  schemes 
of  taking  possession  of  the  whole  of  Mexico  ;  because  in  that  way 
slave  labor  might  be  employed,  whilst  I  have  no  idea  that  any 
slaveholder  will  ever  go  into  that  country  north  of  thirty-two  de- 
grees. But  as  I  have  said,  that  if  Mexico  would  propose  terms, 
I  would  consult  the  councils  of  moderation  and  justice,  and  endea- 
vor to  sustain  rather  than  annihilate  a  neighboring  republic. 

But  I  may  be  told  that  they  are  not  capable  of  self-government. 
I  believe  they  will  have  to  go  through  the  changes  to  which  other 
nation.s  are  subject.  They  will,  perhaps,  have  to  endure  an  irksome 
fermentation  before  they  arrive  at  that  degree  of  refinement  and 
intelligence  which  will  fit  them  for  a  ropublicffn  form  of  govern- 
ment. But  as  I  have  said,  if  Mexico  were  wise  she  woiild  give 
all  we  claim.  I  believe  it  would  be  to  her  interest  to  give  up 
all  territory  between  the  Rio  Grande  and  the  Sierra-Madre. — 
But  I  have  no  hope  that  she  will  be  governed  by  any  such  poli- 
cy. I  am,  however,  for  peace,  and  for  the  purpose  ol  securing  it 
I  am  willing  to  make  any  sacrifice  except  of  the  power  and  dig- 
nity of  the  country.  And  I  believe  it  will  be  a  sacrifice  of  neither 
to  ofTer  in  the  most  conciliatory  manner — such  terms  of  negotia- 
tion as  that  republic  might  be  induced  to  accept.  Well,  I  may 
be  told  that  she  will  reject  your  terms — that  she  will  not  only  cling 
to  the  Nueees,  but  that  she  will  give  you  no  line  this  side  of  the 
boundary  between  Mexico  and  Oregon.  Well,  su:,  if  she  acts 
thus,  what  then  can  we  do  ? 

Suppose  that  Mexico  rejects  all  overtures,  liberally  made  to 
terminate  this  war,  what  are  we  to  do?  Prosecute  this  war, 
devastate  the  country,  sequester  the  revenues,  disarm  the  popula- 
tion, reduce  them  to  such  a  state  that  they  can  make  no  resistance, 
but  must  appeal  to  us,  and  ask  to  be  annexed  to  our  confederacy  ? 
Is  this  desirable,  sir,  as  a  matter  of  policy  ?  It  is  desirable  that 
we  should  reduce  her  to  such  a  condition,  that  we  cannot  refuse  to 
receive  her  into  the  Union  i  Well,  su,  this  it  seems  to  m'e  must 
be  the  legitimate  consequence  of  pushing  these  aggressive  and  in- 
vasive operations  further.  Suppose  you  take  the  whole  of  her  ter- 
ritory, or  suppose  you  have  the  whole  under  your  control,  how 
much  do  you  contemplate  permanently  retaining?  Will  you  take 
more  than  New  Mexico,  and  the  two  Cahfornias  by  way  of  in- 
demnity— for  the  just  claims  which  you  have  against  that  govern- 
ment ?  I  ask  how  much  will  you  take  ?  I  again  repeat  the  ques- 
tion, let  the  President  and  his  cabinet  indicate  this  to-morrow? 
What  prevents  them  from  doing  it  now,  at  this  very  moment,  in- 
stead of  overrunning  the  whole  country,  and  after  examining  all 
the  expense  attending  further  invasive  operations — being  compell- 
ed to  content  themselves  with  what  they  have  at  present  ?  What 
prevents  the  President  from  taking  by  his  army  now  as  much  as 
he  wants  ?  You  can  do  nothing  more  by  carrying  on  the  war  than 
you  have  already  done.  I  understand  the  Senator  from  Mississippi 
has  said,  that  it'is  nothing  more  than  an  experiment,  and  afteryou 
have  made  that  experiment,  and  Mexico  will  not  come  to  terms, 
you  can  only  then  take  a  defensive  fine. 

Mr.  DAVIS,  of  Blississippi. — My  position  was,  that  holding  the 
interior  of  Mexico  would  conduce  to  peace — that  when  deprived  of 
all  hope  of  further  resistance,  which  could  result  only  from  the 
presence  of  a  powerful  and  well  organized  army,  she  must  then 
give  indications  of  a  disposition  to  treat,  stronger  than  she  has 
heretofore  given.  They  have  heretofore — and  I  say  it  without 
unkindness  to  any  one^-continually  looked  to  divisions  at  home  as 
Ukely  to  produce  a  recall  of  the  army;  and  they  can  be  cured  of 
that  heresy,  only  by  the  presence  of  an  army  sufficiently  powerful 
to  show  the  concentrated  will  of  this  nation.  That  was  the  policy 
which  I  recommended.  Farther  than  that,  I  believe  that  it  would 
be  proper  to  take  a  line  along  the  mountain  ridge,  which  could  be 
easily  held;  and  that  if  our  jurisdiction  were  extended  oyer  it,  the 
country  behind  that  line  would  immediately  become  quiet— not  a 
line  territorial  in  its  nature,  beyond  which  we  could  not  conduct 
our  operations,  but  from  which  we  could  eficctually  make  sorties; 
and  not  restrictinit  us  at  all  from  holding  other  jiosts  in  the  interior 
of  Mexico.  1  will  say  in  this  connexion,  that  my  remai-ks  the 
other  day  in  relation  to  the  dangers  which  might  threaten  the  army 
were  not  made  in  reference  to  General  Scott's  column,  which  is, 
I  believe,  20,000  strong,  and  no  more,  though  it  is  constantly  rep- 
resented as  otherwise.  That  is  not  the  column  which  is  placed  in 
danger.  It  is  the  column  of  General  Wool,  numbering  6,000 
men'^  and  hohliiig  a  series  of  posts  with  a  long  line  of  communication; 
and  threatened,  as  I  have  been  recently  informed— with  an  army 
of  15,000,  and  the  militia  numbering,  (is  has  been  slated,  15,000, 
and  having  immediately  in  its  Hank  a  valley  which  could  turn  out 
30,000  mcli.  That  little  army,  I  thought,  was  in  danger,  and  I 
think  it  may  yet  be  in  danger.  Then,  again,  there  is  a  smaller 
force  in  New  Mexico,  and  a  still  smaller  one  in  California.  These 
are  the  positions  which  I  wished  to  rcinforce;and  hence  the  necessity 
of  adding  new  regiments,  instead  of  strengthening  old  ones — not 
of  sending  men  to  General  Scott,  but  of  stren";thciiing  other  col 
umns,  us  well  as  to  hold  new  posts,  and  to  relieve  garrisons.  But 


January  17.] 


THE  TEN  REGIMENT  BILL. 


123 


I  will  not  longev  trespass  on  the  time  of  the  Senator,  and  beg  bis 
pai-don  for  this  interruption. 

,,      nTTXT  FT?  _T  understand  the  Senator  from  Misssiss'ippi  to 
4  ^b^^J^^hal^ot^un  Mexi^, ^ .he  wdi  n^^;^  ^trea- 

'V'  TZ^^llT  iftl'rt  ha  "hi;  ed 'he;  then,  he  would 
P'r",  Une'to  tb  'from  Now  the  Senator  seems  to  anticipate, 
Stt  l^Z  ^^ifge  b™,"bt  .d,ont  by  taUi,^  Z^t^T^Z  IZ. 

tate  people. 

Mr.  DAVIS.-Il  is  a  part  of  the  same  plan  and  I  would  adopt 
it  now. 

Mr    BUTLER-.-l  have  said,  and  I  would  say  again,  I  would 

•      of  thU  porfederacv  '     Are  vou  not  tainting  your  own,  hy  at 

IT  i^.::^— s:e  u^  ^o^-^^ic\iT;o-:ei^ 

-LjZ^:^ZiL^h  ^- ~e  ;i,=%/^.  an  o. 
tice  ■?  T  1 1   ^o 

Mr  FOOTE.-ir  the  Senator  will  allow  rae,  I  ^^-o"''*  f  j 
mark  that  in  the  proposition  of  the  Senator  from  Indiana,  as  I 
mitosUd  the  wor<i  '■provinee"  was  stricken  out. 

Mr.  HANNEGAN.— Certainly,  sir. 

n/r  UTTXT  VM  — Well  sir  all  seem  to  anticipate,  that  ulti- 
m^y^YS'be'^ll^en'  0  the  alternati^  of  either  ta^ 
MeJo  as  a  province  or  "^-^S  ^^^  Ae  P  es  d  nt  Jay  ^ 
i^f  Tst  er.b;\rVuriry'Toot'rU.e  and  subjugate 
iTxico,    or   f^  the    purpose  of  h^S  -^^l  ^«  ^J     'e 


Mexico,  or  lor  tlj^  P.'"Pf «  "'.  S^'-^^ee-tl  at  is  to  say,  the 
factions  there  which  is  in  la\oi  »'  P^^'^f  ./'""  ^f  the  factions 
United  States  must  keep  ^XTVeZeTt  to  enable  them  to 
is  strong  enough  to  form  ^""^5' .f?"^^"^"!",^ "'  „ever  heard,  sir,  nor 
go  through  the  forms  ol  "'■?°t^;'°"-.,    ^    emiued   -a"  foreign  army 

ded  to,  than  that  made  by  the  prophet  ^^''^,'^' J;°  ,,  ,  u^ras. 
of  Israel-wliere  a  proposition  was  discussed-whether  tliat  hara^ 
sed  pToplelhould  place  themselves  under  tbe  P™tect,onol  Egypt 
fs'th'e7safest  reliLce  against  the  po.-cr  of  Asj-.  H  ™u  do, 
you  will  rest  on,  not  a  weak,  but  a  ^^^^"  '^X„v  of  Mexico, 
the  hand  that  rests  upon  it.  If  ^'^™''''^wh°  remain  in  that 
''"'^r^r^Sucl^^^'o^rnmcnt'cwS  "noi  tanT^without    the 


current  of  consequences  carry  us  too  far.     I  do  not  even  hope  that 

anv  su<r^estioii  of  mine  can  lead  to  such  a  result..   I  b^l'^f '   ^« 

fi '^  fn*^?,!  schemes   in  spite  of  every   warning  voice,  are  destmed 

these  "^^"\'^™f;.f  ,1^11  find  ourselves,  when  they  are  aecom- 

ulifhed    'in  a  w  "se Condition  than    any  in  which   this  republic  has 

everbe'eiplared.     I  will  but  ask,   if  such   be  your   opinion     why 
ever  been  piaceo  ^^  ^^^  ,^     ^      .j.  .^  ^^  ^ 

give  the  Fresioent  »')„„,„'  „ii    Mexico,    give   him   a   sufficient 
to  enable  hira  »"  "^f^"^"'"","    But  tl^^^ 
rtU^nmeThtlntrtK  to'  accomplish,  with  twelve  or  fii- 
this  goveinracui,  uu,  ^\,ould  have  taken  h  ly  thousand 

teen  thous^andtroop^_^s  bat  thcy^^^^^^^^  ^.^^^   ^^J^^^  .^^.^^^ 

to  accomphsb.     1   ^'^'"''.f""  ''Xns-lnd  men  was  an  inexcusable 

alwmg  what  iiaa  i   c '   u  '      ^     ||        elements.    Yes,  sir, 

i„,„  ,v„  '»""7..f,,'>    ','.  J™i.de  in,e,.l  ton.  "p...  titer.- 
,l,e  KOvetiiiiieTit  i.ts  ^'otit  >'"  ■^""  "'         .  ■    ,    ,■     ,|,i^  reason,  if  let 

triotl.1,1 .11.1  S.  ttinv  l-Vi'irSto'  i.l.lin»  ttmt.  men.  B.t  1 
1,0  Mltet,th,ill  -"""  ."'"/^""le;;    the  .olimteet.  new  In 

r»:st;  ~3;;  -H  '€-;'  ;?r  ^  .f  tS  ;,?:= 
sri£=^3;ii;^£rr  ■;  t'^irs;''-ji5 
:teEr;u^EtSK^=.,'£f«^^^^ 

s;i-,3ri^vg:i£|Ej-";Si= 
si^;ir=tt^ir.33'p-~ 

lead  to  its  most  speedy  termination.  .         •         -.-_,i:„„  sa"- 

?';^t3tJi^i>:^<^rded^rf;;i;v:d^n;^^4^ini^:^tio;. 

1^'SJ;i;:ition'^et  ^oscs  that  all  ^'^ ^f^^^^^^ 

what   legislative   ■'\  ^fP^f/f ";;!;,^^ 'tnt/th™^  1^^^^^  the 

Mexican  revenues  are  to  ted    eaed  ,mo  t^e  t  5  .^  ^  ^ 

army.     How  much  wdl . ''«  ';»""'^    ^."     „f  encouragement  as   to 
matter  ol  ""(-e'tam  conjcet  ire.     Bj  wa>  oi  en 

the  means  o    -"y;"?,.-;';^;^;:^,',^  X   debt,  XI  must  be 

nently  P^^'^^ff '"-"'""''J,?,;^™"."      But  suppose    it  could   be  de- 
enormous,  than  fo     a">""fS  «  '■e-   J^  ,M   „  ,.evenue-what  a 

-Ts?^s;:mXp3S£i.i,e;.^--..ss 

the^irccedent  of  to-morrow    Am^^  hen   he^^^^^^^  ^l^^^^^^^ 

lawless  ambition. 


On  motion, 
The  Senate  adjourned. 


124 


PETITIONS  AND  RESOLUTIONS. 


[Tuesday, 


TUESDAY,  JANUARY  18,  1848. 


Mr.  NILES  presented  die  petition  of  William  B.  Stokes,  survi- 
ving partner  of  John  N.  C.  Stockton  and  company,  praying  com- 
pensation for  services  in  carrying  the  mail  ;  which  was  referred  to 
he   Committee  on  the  Post  Office  and  Post  Roads. 

Mr.  DIX  presented  the  petition  of  settlers  and  occupants  of 
lands  in  the  Tonawanda  Reservation,  praying  to  be  confirmed  in 
their  titles  to  said  lands  ;  which  was  reterred  to  tbe  Committee  on 
Indian  Afiairs. 

Mr.  DIX  presented  the  petition  of  Edward  Mills,  praying  to  be 
restored  to  the  richts  and  benctits  of  a  contract  entered  into  by 
him  with  the  Postmaster  General  for  conveying  the  mail  between 
the  Ports  of  New  V^ork  and  Bremen,  which  contract  has  been 
transferred  to  the  Ocean  Steam  Navigation  Company  without  his 
as.sent ;  which  was  refen  ed  to  the  Committee  on  the  Post  Office 
and  Post  Roads. 

Mr.  yULEE  presented  a  memorial  of  Professors  of  Matliema- 
tics  in  the  Navy,  praying  an  increase  of  their  pay  ;  which  was  re- 
ferred to  the  Committee  on  Naval  Affairs. 

Mr.  HANNEGAN  presented  the  petition  of  David  Wilkinson, 
praying  compensation  lor  the  benefits  which  the  government  has 
derived  from  his  inventions  for  which  he  has  received  no  pecunia- 
ry return  ;  which  was  referred  to  the  Committee  on  Military  Af- 
faii-s. 

On  motion  by  Mr.  PHELPS,  it  was 

Ordered,  That  Pamela  Allen  have  leave  to  withdraw  her  peti- 
tion and  papers. 

On  motion  by  Mr.  BALDWIN,  it  was 

Ordered,  That  the  Committee  of  Claims  be  discharged  from  tlie 
fiirtlier  consideration  of  the  memorial  of  John  Stanert  ;  and  that 
it  be  referred  to  the  Committee  on  Pensions. 

TRE.VSUBY    STATISTICS, 

Mr.  YULEE  submitted  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Finance,  and  ordered  to  be  printed  : 

Resolved.  That  the  Secretary  of  the  Treasiiiy  be  directed  to  communicate  to  the 
Senate  the  tbllou-ing  statements  : 

1.  A  statement  of  the  amoant  of  all  revenues  received  tlirough  eacli  cnstom-hoiise, 
and  the  monies  expended  at  each  to  defray  the  expenses  of  collection,  from  the  earli- 
est practical  period  to  June  30th.  1*17;  classifyins  the  receipts  and  expenditures  under 
dlftrenl  head"  asTar  as  the  hooks  of  the  Deparlmcnr  will  permit. 

2.  A  statement  of  the  quantity  of  land  sold,  the  amount  received  therefor,  Jm^^■ 
paid,  and  the  expenses  of  collection,  in  each  land  district,  from  the  earliest  pr,actical 
iwnod  to  the  SUlli  June,  1847;  dividing  the  expenditures  under  the  usu.al  difTerent 
heads. 

.1.  A  statement  of  the  whole  amount  of  revenne  receiveiUnto  the  Treasury  each 
year,  from  the  earliest  practical  date  to  June  30,  1847;  giving  tlie  source  from  whence 
the  same  was  derived. 

4.  A  statement  of  the  expenditures  of  the  government,  from  the  earliest  practicil 
time  to  June  30,  )H47;  separating  the  same  under  different  heads  of  expenditure  as 
lar  as  can  be  done  Irom  the  records. 

5  A  statement  of  the  importations  and  exporlalions  of  domestic  and  foreign  "oorls 
in  American  and  foreign  vessels,  to  and  from  each  countrv,  from  the  earliest  period 
practicable  to  June  .30,  1S47.  '^ 

0.  A  statement  of  tlie  tonnage  of  each  district  and  State;  and  of  the  cUlsses  of  ves- 
sels; Irom  the  earliest  ncriod  practicable  to  June  30    1H47 

iJir^/'TTTu''         '^l"'"'""  l<"">^'  '•"(!»Sed  in  foreign  trade,  and  in  the  coast- 
o^ired   ,^1,1  f'  ""''.'^'■.^">'">  «"ldoyed.   and  of  foreign  tonnage  entered  and 

:SprTcl;a,';,rrJ"m,:3o!'T«r"''  ''""■  ^"^■"  -°''""''  ^'^'^^  <>om.l.e  earnest 

f.  ;^.';"!fr;i°''.L'y'i'.".r"i?':,">'"'i«  '?«"ed  on  account  of  the  marine  hosp, 


l^nd:^Ifv;!;;t.;^,^s;:;i:'^ir  ;^tr-;  °^''^= -- '-^- -^'-^ 

3[)tn  Jilllf!,  184/ 


oni  tiie  earliest  period  practicable  to  the 


fir  it  further  resolved.  That  thp  Rpcrpt^inr  «r  ii.„  a  .  „.  .1 

u.J^_  or  cigr^s  ro,  the  •''^J's^z::^T^n;"^iJ::-tstJt::!z^ 


CONSTITCTION.\L    POWERS. 

Mr.  BAGBY  submitted  the  followin 
ation  : 

1.  """''''•rf,  That  the  Constilnlion  of  the  United  «Jiiii~  i.» 

equal  «,vcreign.,  by  which  they,  and  e.ic  ,  of  the  ,  Hj^LTed'ctrtr''"''  Y]"""  '°- 
10  form  n  general  government,  (o,  the  eomnion  bencf,  K  ,,V^  .'''"°'",^''  l'"""^" 
anil  such  as  might  become  parties  to  il.  '  "  ''"""  ""  ""■  c»"lp»ct, 

2.  RtsMrtd,  That  the  powers  not  thus  deleealed  bv  llie  „«rtl~  .  i 

«L.'S";^'aX^i/=dr  ittv  t  J:n";tu:,t;:r;'r  'rr- "°  ^--^ 

»nd  prO|»r  to  carry  the  grantea  power,  lato  cir«i.  '     '     '''  "*  °'^  "^'''"y 


4.  Resolved.  That  the  power  to  construct  roads,  cot  canals,  make  harbors,  or  im- 
prove the  navigation  of  rivers  in  any  one  or  more  of  the  States  or  territories  of  thii 
Union,  is  not  among  the  powers  expressly  granted  to  the  general  government,  by  the 
Constitution,  nor,  is  the  exercise  of  such  a  power  necessary  and  jiroper.  to  carry  any  of 
the  granted  powers  into  effect. 

5.  Resolvcil,  That  the  power  to  build  piers  and  docks,  erect  buoys  and  light- 
houses, and  improve  the  harbors  on  the  lakes,  if  it  esisu  at  all,  is  not  derived  from  the 
power  to  regulate  commerce,  but  from  the  power  to  provide  and  maintain  a  navy, 

fi.  Resolved.  That  the  government  of  the  United  States  does  not  possess  the  pow- 
er to  create,  originate,  ordain,  establish  or  carry  on  commerce  between  or  among  tlie 
States  of  the  Union,  but  only  to  regulate  such  commerce  as  the  States,  or  tlie  people 
thereot  may  create,  originate,  ordain,  establish  and  carry  on  between  or  amoni;  them- 
selves. 

7.  Resolved.  That  any  attempt  by  the  general  government,  under  any  pretext 
whatsoever,  to  construct  toads,  cut  canals,  or  impros-e  the  navigation  of  any  river 
within  the  limits  of  any  one  or  more  of  the  States  of  the  Union,  or  within  any  territo- 
ry, is  a  palpable  violation  of  the  Constitution;  and  if  it  be  within  the  limit.,  of  aState 
or  States  is  a  direct  and  dangerous  encroachment  on  tlie  righti  and  sovereignty  thereof. 

Upon  presenting  the  resolutions 

Mr.  BAGBY  said  :  That  nothing  was  further  from  his  intention 
than  to  consume  any  portion  of  the  time  of  the  Senate  at  present 
in  discussing  the  resolutions  he  had  the  honor  to  submit,  or  any 
other  proposition  not  intended  to  be  followed  up  by  some  act  of 
practical  legislation.  He  had  an  aversion  to  abstractions,  general- 
ly. He  could  not  be  mistaken,  however  in  supposing  that  these 
resolutions  related  to  and  embraced  subjects  of  vast  and  momen- 
tous importance  to  the  people  of  the  United  States,  and  he  should, 
as  soon  as  the  measures  lor  the  continued  vigorous  prosecution  of 
the  war  were  disposed  of,  ask  the  deliberate  action  of  the  Senate 
upon  them.  At  present  he  moved  that  they  lie  upon  the  table  and 
be  printed. 

The  motion  was  agreed  to. 

MEXICAN  TERRITORY. 

Mr.  BALDWIN  submitted  the  following  resolution  for  consid- 
eration ; 

Resolved.  That  the  President  of  the  United  States  be  requested  to  commnnicate  to 
the  Senate  any  information  he  may  possess  in  regard  to  the  extent  and  value  of  the 
public  domain  (if  any)  belonging  to  llie  Republic  of  Mexico,  and  also  in  regard  to  the 
power  of  that  Republic,  under  the  fundamental  laws  thereof,  to  cede  to  any  foreign 
government,  whether  monarchical  or  republicau,  the  sovereignty  and  dominioil  over 
any  of  the  members  of  that  confederacy,  or  the  people  thereof. 

ATTACHMENTS. 

Agreeably'to  notice,  Mr.  WEBSTER  asked  and  obtained  leave 
to  bring  in  a  bill  to  make  attachments,  which  are  made  under  pro- 
cess issuing  from  the  Courts  of  the  United  States,  conform  to  the 
laws  regulating  such  attachments  in  the  Courts  of  the  States; 
which  was  read  a  first  time. 

Mr.  WEBSTER.— As  I  stated  yesterday,  this  Bill  was  before 
the  Senate  last  year  and  passed  without  objection.  I  will  state  its 
objeet,  sir,  very  shortly;  and  if  no  Senator  should  object  to  it  now, 
I  hope  it  vviU  go  through  the  forms  of  legislation  without  being 
again  referred  to  the  Committee;  and  I  wish  particularly  to  draw 
the  attention  of  the  gentleman  who  is  at  the  head  of  the  Commit- 
tee on  the  Judiciary.  There  arc,  in  the  Courts  of  the  New  Eng- 
land  States,  processes  called  attachments  which  are  levied  upon  the 
property  of  the  defendant  in  the  suit.  Various  laws,  at  different 
times,  have  been  passed  by  the  States  to  palliate  what  seems  la.bo 
the  severity  and  injustice  of  the  old  long-continued  modes  of  prac- 
tice. By  a  law  passed  in  1794,  process  in  the  Courts  of  the  United 
States  was  made  dependent  upon  processes  in  State  courts,  as  they 
then  stood.  In  the  course  of  legislation  it  htis  been  found  quite 
necessary  for  the  purposes  of  justice  to  alter  and  modifvtliese  pro- 
cesses. But  the  law  of  Congress  does  not  follow  these  modifica- 
tions, and  my  object  now  is  To  render  the  proceedings  upon  pro- 
cess issued  out  of  the  Courts  of  the  United  States,  conformable  to 
the  practice  of  the  State  Courts  in  the  same  States.  The  object  is 
so  plain  that,  without  detaining  the  Senate  further  unless  some  gen- 
tleman wishes  further  explanation,  I  should  be  glad  if  the  Bill 
would  be  permitted  to  be  read  a  third  time  and  passed. 

Mr.  ASHLEY. — I  would  ask  if  this  is  the  same  Bill  that  was 
before  the  Senate  last  vear? 


resolutions   for  consider.  Mr.  WEBSTER.— Exactly  the  same,  word  for  word. 


Mr.  ASHLEY. — This  Bill  received  the  un.animous  concurrence 
of  the  Committee  on  the  Judiciary,  from  which  it  was  reported 
without  an  amendment.  The  Committee,  however,  is  now  some- 
what differently  constituted  from  what  it  was  then. 

The  said  bill  was  then  read  a  second  time,  by  unanimous  con- 
sent, and  considered  as  in  Committee  of  the  Whole;  and  no 
amendment  being  made,  it  was  reported  to  the  Senate. 


January  18.] 


PRIVATE  BILLS. 


125 


Ordered,  That  it  be  engrossed,  and  read  a  third  time. 

The  said  bill  was  read  a  thii'd  time,  by  unanimous  consent. 

Resolved,  That  this  bUI  pass,  and  Uiat  the  tide  thereof  be  as  aforesoM. 

Ordered,  That  the  Secretary  request  the  cononrrence  of  tlie 
House  of  Representatives  in  this  liiU. 

PROVIDENT    ASSOCIATION    OF    CLERKS. 

Mr.  CAMERON,  from  the  Committee  on  the  District  of  Co- 
lumbia, to  whom  was  referred  a  memorial  of  the  Provident  Asso- 
ciation of  Clerks,  reported  a  bill  amendatory  of  an  act  entitled 
"An  act  to  incorporate  the  Provident  Association  of  Clerks  in  the 
Civil  Department  of  the  government  of  the  United  States,  in  the 
District  of  Columbia,"  approved  3d  March,  1825;  which  was  read, 
and  passed  to  a  second  reading. 

PRIVATE   filLLS,    ETC. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  was  referred  the  petition  of  Elizabeth  Jones,  sub- 
mitted a  report,  accompanied  by  a  bill  for  the  relief  of  Elizabeth 
Jones,  and  the  other  children  (it  any)  of  John  Carr. 

The  bill  was  read,  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  JOHNSON,  of  Louisiana,  from  the  same  committee,  to 
whom  was  referred  the  memorial  of  Thompson  Hutchinson,  sub- 
mitted a  report,  accompanied  by  a  bill  for  his  relief. 

The  bill  was  read,  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  BALDWIN,  from  the  Committee  of  Claims,  to  whom  was 
referred  the  memorial  of  Hugh  Munro  McLean,  submitted  an  ad- 
verse report;  which  was  ordered  to  be  printed. 

GENERAL    SCOTT's    PLANS,    ETC. 

The  Senate  proceeded  to  consider  the  resolution  submitted  by 
Mr.  Mangum,  on  the  13th  instant. 

Mr.  MANGUM  modified  the  resolution,  so  as  to  read  as  fol- 
lows : 

Resolved.  That  the  President  of  the  Uniteil  Stales  be  requested  to  lay  before  the 
Senate  conlidentiallv,  or  otherwise,  all  the  plans,  estimates,  and  calculations,  present 
ed  bv  General  Scott^  as  in  his  opinion  beat  adapted  to  attain  the  objects  ol  the  war. 
and  his  opinion  touching  the  military  means  necessary  to  accomplish  the  objects  ol 
onr  government  in  any  and  all  the  alleruatiye  views  that  have  been  considered  by  the 
Executive  or  suggeste'd  by  Genersil  Scott,  to  bring  the  war  with  Mexico  to  a  close. 

Mr.  MANGUM  said  :  The  resolution  as  at  first  introduced  con- 
tained the  usual  clause,  "  if  it  be  not  incompatible  with  the  public 
interests,"  because  it  is  regarded  as  due  to  official  decorum,  when 
a  matter  is  to  be  laid  before  the  Senate  in  open  session.  The  resolu- 
tion as  now  modified  leaves  it  to  the  discretion  -of  the  President  to  lay 
the  information  before  the  Senate,  either  confidentially  or  other- 
wise. It  becomes  necessary,  therefore,  to  strike  out  the  latter  part 
of  the  resolution  as  it  originally  stoodj  because  I  do  not  recognize 
any  right  in  the  President  to  withhold  from  this  body  any  informa- 
tion that  may  be  necessary  to  bring  them  to  a  correct  determina- 
tion. I  think,  sir,  that  under  our  system  we  are  entitled  to  all  the 
information  which  pertains  to  the  official  discharge  of  our  duties. 

Mr.  SEVIER. — It  is  not  my  purpose  to  discuss  this  resolution, 
but  I  must  be  allowed  to  say,  that  calling  upon  the  President  for 
the  plan  of  a  campaign  recommended  by  the  commanding  General, 
seems  to  me  to  be  wholly  without  example.  And,  I  believe,  sir, 
that  the  view  which  I  entertain  in  relation  to  it,  is  also  entertained 
by  many  gentlemen  here. 

Mr.  SEVIER  moved  to  lay  the  resolution  upon  the  table. 

Mr.  MANGUM  demanded  the  yeas  and  nays,  which  were  or- 
dered, and  being  taken,  resulted  as  follows  : 

YEAS.— Allen,  Ashley,  Atberton,  Bagby,  Bradbury,  Bright.  Butler,  Cameron, 
Cass,  Davis,  (of  Mis';.)  Dickinson,  Di.\,  Douglas,  Downs,  Felch,  Hannegan,  Huuter, 
Lewis,  Moor.  Sevier,  Sturgeon.  Turney,  and  Yulee. — 23. 

NAYS. — Badger,  Baldwin,  Bell,  Berrien,  Calhoun,  Clarke,  Dayton,  Greene,  John- 
son, (of  La.)  Mangum,  Miller,  Niles,  Pearce,  Phelps,  Rusk,  Spruauce,  Under%vood, 
Upham,  and  Webster, — 10. 

So  it  was 
Ordered,  That  the  resolution  lie  on  the  table. 

MAP    OF   NEW    MEXICO. 

The  Senate  proceeded  to  consider  the  following  resolution  sub- 
mitted yesterday  by  Mr.  Cass,  and  it  was  agreed  to  : 

Resolved,  That  the  Secretary  of  the  Department  of  War,  famish  the  Senate  with 
the  report  and  map  of  the  examination  of  New  Mexico,  made  by  Lieut.  J.  V\'.  Abert, 
corps  of  Topographical  Engineers,  while  attached  to  the  command  of  General  Kear  ■ 
nej. 


PRIVATE    BILLS,    ETC. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Finance,  on  the  memorial  of  Henry  Simpson,  administrator  of 
Georae  Simpson,  deceased  ;  and  on  motion  by  Mr.  Phelps,  it 
was  laid  upon  the  table. 

The  following  bills  were  severally  read  the  second  time,  and 
considered  as  in  Committee  of  the  Whole  ; 

A  hill  for  th»relief  of  Milledge  Galphin,  executor  of  the  last  will  anil  testament  of 
George  Galphin,  deceased. 

A  bill  for  the  relief  of  Thonj.as  Talbot  anil  others. 

No  amendment  having  been  made,  they  were  severally  reported 
to  the  Senate. 

Ordered,  That  they  be  severally  engrossed,  and  read  a  third 
time. 

The  said  bills  were  read  a  third  time,  by  unanimous  consent. 

Resoled,  That  they  pass,  and  that  their  respective  titles  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

THE    TEN    REGIMENT    BILL. 

The  Senate  resumed  the  consideration  of  the  bill  to  raise,  for  a 
limited  time,  an  additional  mihtaiy  force. 

Mr.  BADGER  said:  If  I  believed,  sir,  that  the  duty  which  I 
owe  to  the  country  and  to  the  State  which  has  sent  me  here,  could 
be  performed  by  yielding  to  the  requisitions  of  the  Executive  of 
the  country  such  supplies  as  he  may  deem  requisite  for  the  prose- 
cution of  the  war.  upon  plans  for  prosecuting  it  which  have  not 
been  made  known  to  Congress— if  I  believed  that  I  had  not  ahi^h, 
and  controlling  obligation  to  exercise  my  own  best  judgment  for 
the  benefit  of  those  whom  I  represent,  and  for  the  general  welfare 
of  the  country,  upon  every  question  submitted  to  the  consideration 
of  this  body,  I'might  be  disposed  to  vote  for  the  bill  upon  your 
table.  If,  sir,  the  yeas  and  nays  had  not  been  ordered  upon  the 
passage  of  this  bill,  I  might  have  been  content  to  permit  the  mea- 
sure to  pass,  as  far  as  I  am  concerned,  without  offering  a  single 
word  to  the  Senate  upon  its  intrinsic  merits.  But  the  yeas  and 
navs  have  been  ordered  upon  this  bill.  I  cannot  vote  for  it.  I 
shall  record  my  vote  against  it;  and,  I  think  it  is  due  to  the  coun- 
try—I feel  that  it  is  due  to  myself— that  the  views  and  principles 
which  will  govern  my  conduct  in  giving  this  vote  should  be  plainly 
and  distinctly  stated,  and  should  accompany,  to  the  piiWic,  the 
vote  itself.  I  shall  endeavor  to  assign  those  views  and  princi- 
ples in  as  short  a  compass  as  is  consistent  with  a  fiill  exposition  of 
what  I  believe  to  be  the  truth  on  this  all  important  subject,  and 
which  every  consideration  obliges  me  to  put  before  those  whom 
I  represent,  without  any  unnecessary  diminution,  without  lea- 
vinp-  out  any  thing  that  may  be  required  in  a  full  and  com- 
plete expression  of  the  argument  which,  in  ray  mind,  is  conclu- 
sive in  recard  to  the  measure  before  you.  I  shall  offer  my  own 
opinions,  lir,  with  entire  respect,  and  even  deferential  considera- 
tion, to  the  great  minds  of  this  body  and  throughout  the  country, 
whom  I  know  to  be  arrayed  against  me.  Without  intendiug  to- 
wards them  any  disrespect,  I  shall  take  the  liberty  to  declare  vrhat 
are  the  opinions  which  I  entertain  with  regard  to  the  origin  of  the 
war  the  manner  of  its  prosecution,  the  tendency  of  the  measures 
now' proposed,  and  the  schemes  that  are  evidently  entertained  by 
the  Executive  of  the  country  in  relation  to  it.  I  shall  not  go  as 
far  back,  sir,  as  an  honorable  Senator  from  Maryland  did  a  few 
dajs  ago,'  (I  mean  the  honorable  Senator  from  that  State  who 
first  adclressed  the  Senate  upon  this  bill,)  but,  nevertheless,  I  shall 
be  under  the  necessity  of  going  a  little  back  for  the  purpose  of 
making  myself  fully  understood. 

First  then,  I  will  lay  it  down,  and  endeavor  to  demonstrate, 
that  the  war  in  which  we  are  now  engaged  with  Blexico,  was  the 
immediate  result  of  the  unlawful  and  unconstitutional  act  of  the 
President  of  the  United  States.  I  suppose,  sir,  that  there  is  no 
gentleman  on  this  floor  or  elsewhere,  who  supposes  or  believes 
that  the  President  of  the  United  States  is  vested  with  the  war 
power  of  this  country.  It  is  a  power  expressly,  and  in  terms, 
conferred  upon  the  Congress  of  the  United  States.  And  the  Presi- 
dent would  have  no  control  over  it,  direct  or  indiiect,except  from  the 
incidental  circumstance  of  his  limited  veto  on  the  action  of  the  two  ' 
Houses,  and  except,  from  the  I'act,  that  in  virtue  of  his  office  he  is 
the  chief  commander,  the  principal  military  officer  of  the  United 

I  maintain  then,  Mr.  President,  that  when  the  President  of  the 
United  States  moved  the  troops  under  General  Taylor  to  the  Rio 
Grande  and  took  possession  of  the  left  bank  of  that  stream,  he 
committed  a  clear  and  undoubted  act  of  war.  What  is  war  ?— 
What  do  all  the  writers  on  tlie  law  of  nations  tell  us  it  is  ?  They 
all,  in  substance,  define  it  to  be  a  contest  about  rights  which  is 
carried  on  or  maintamed,  not  bv  argument,  but  by  force.  It  can, 
therefore,  admit  of  no  question,  that  when  a  nation  claiming  cer- 
tain rights,  which  are  disputed  by  another,  undertakes  to  support 
those  lights  by  force,  she  undertakes  to  support  them  bv  war— war 
as  far  as  she  is  concerned.  It  is  true,  if  the  act  of  violence  or  ag- 
gression on  her  part,  be  not  resisted  by  the  nation  that  suffers  it— it 


126 


THE  TEN  REGIMENT  BILL. 


[Tuesday 


it  be  patientlj  and  tamely  submitted  to — no  war  results  To  con- 
stitute war,  It  is  as  essential  that  there  should  be  two  parties,  as  it 
is,  that  there  should  be  two  parties  to  a  treaty  of  peace.  The  aet 
of  one  nation  cannot  alone  constitute  war;  it  is  like  the  case  of  an 
individual  striking  a  blow:  if  it  be  not  resented,  no  contest,  no  battle, 
no  tiglii  is  the  result.  The  blow  is  an  act  of  aggression;  it  is  an 
act  commencing  a  contest,  but  it  does  not  amount  to  a  perfect 
contest.  Whether  this  act  on  the  part  of  the  President  was  an 
act  of  war,  of  hostility,  of  aggression,  depends  not  at  all  upon  the 
question,  whether  we  had  a  right  to  the  territory  of  which  lie  took 
forcible  possession.  War,  betwecH  nations,  prc-supposes  a  contest 
about  rights.  The  publicists,  who  sneak  of  contests  between  na- 
tions, never  suppose  them  to  contend  e,\cept  about  rights.  War 
is  a  contest  about  rights.  Public  war  is  a  contest  between  nations 
about  rights,  carried  on  by  force  and  not  by  argument.  If,  ihcrc- 
fore,  it  were  assumed  as  clear  and  uncjucstionable  that  the  title 
of  Texas  and  the  United  States  extended  to  the  Rio  Granile. 
it  is  still  beyond  all  doubt,  that  Mexico  possessing  the  left  bank 
of  that  streaiu,  having  .settlements  there,  having  otlicers  there, 
and  exercising  jurisdiction  there — any  movement  to  dispossess 
Mexico,  to  occupy  what  she  thus  occupied  and  what  she  claim- 
ed to  be  her  own,'  is  an  act  of  war.  It  is  an  act  of  war  just 
and  rightful  if  the  territory  be  ours— just  and  rightfid  if  the  ter- 
ritory be  unjustly  and  improperly  ^vithheld— just  and  rightful, 
if  also  the  act  of  war  be  directed  by  those  who  represent  the 
sovereignty  of  the  nation.  Well,  sir,  this  act  was  directed  by 
the  Prt'sident  of  the  United  States.  He  ordered  the  troops  to  tlie 
Rio  Grande.  They  advanced.  When  they  came  into  the  Mexican 
settlement,  the  inhabitants  fled  before  them  in  dismay;  the  officers 
abandoned  the  public  buildings  and  set  tire  to  them,  and  under  such 
circumstances,  our  forces  under  the  command  of  officers  of  the 
United  States,  took  from  Mexico  that  which  she  was  in  posses- 
sion of.  and  by  force  kept  possession  of  the  territory  and  placed  it 
under  the  jurisdiction  of  the  United  States. 

Now,  sir,  on  this  subject  I  had  the  honor  at  the"  last  session  to 
brin"  to  the  attention  of  the  Senate,  the  action  of  Mr.  Jefli?r- 
soii,  during  his  administration  of  tliis  government,  luider  cir- 
cumstances of  a  very  siniilai  character,  with  this  difference,  that 
the  title  of  the  territory  withheld  from  us  was  truly  and  clearly 
ours.  In  every  other  respect  the  case  was  like  this.  The  ter- 
ritory was  withheld  by  another  power,  and  a  disposition  mani- 
fested by  that  power  to  deprive  us  of  what  we  held.  Under 
these  circumstances^  Mr.  Jefferson  conceived  that  he  had  no 
right  to  use  the  military  force  of  the  country  to  obtain  posses, 
sion  of  that  which  was  witliheld  from  us,  though  clearly  ours. 
And  he  states  as  the  reason  for  referring  the  subject  to  the  deter- 
mination of  Congress,  that  matters  relating  to  peace  and  war  be- 
long exclusively  to  that  body,  and  not  to  him;  and  as  this  movement 
might  change  the  relation  of  the  two  countries  from  peace  to  war, 
therefore,  if  belonged  Congress  to  determine  whether  the  move- 
ment should  bo  made. 

But  Mr.  President,  I  have  other  authority.  I  certainly  shall  notsay 
that  it  is  more  respectable  in  itself,  than  the  authority  ot  Mr.  Jeffer- 
son. I  doubt  very  much  whether  with  a  large  portion  ot  the  Ame- 
rican people,  and  of  the  Senate  it  will  be  thought  <)uite  e(iual 
to  Mr.  Jeli'erson's.  But  upon  this  question,  with  respect  to  the  Pres- 
ident of  the  United  States,  the  authority  is  conclusive  and  over- 
powering. It  creates  upon  him,  what  lawyers  call  an  estoppel,  for  I 
am  able  to  show  that  the  President  of  the  United  States  has  him- 
self recognized  that  .such  an  act  as  this  is  an  act  of  hostility — 
of  aggression — of  war.  On  the  11th  of  July  1845,  the  Secretary 
of  the  Navy  writes  a  confidential  communication  to  Commodore 
Conner,  then  commanding  in  the  Gulf  of  Mexico. — He  says  : 

Tlie  nnaiiiiDOTiii  vote  of  tlie  Texan  Conpiess  for  annexation  leaves  no  ilonbt  of  ttie 
conKUiuination  of  tliat.  measure.  Wlieu  you  aseertain,  satjsfaotoiily,  that  tlie  Texan 
fonveutiou.  which  assemljled  on  the  4th.  has  also  acceded  to  aniiexatioTi,  you  will  re- 
gard Texa-sfl.v  a /tart  of  yfiurctmntrtj — to  lie  defended  like  any  other  part  of  it. 

At  the  same  time,  every  hororahle  eflbrt  is  to  he  made  to  preserve  peace  Wltli  all  na- 
tions. The  restoration  of  our  l)onndaryon  the  southwest,  by  the  consent  and  choice  of 
the  i>cople  of  Tex:Ls,  is  due  to  the  strong  attraction  of  the  principles  of  hberty.  which 
endear  America  to  every  one  of  iLs  sons,  and  is  a  tribute  before  the  world  to  the  po- 
licy of  peace,  of  political  freedom,  ami  of  union  on  the  principles  of  freedom.  It  is 
tlie  President's  desire  that  this  great  event  sliould  be  consummated  without  the  effusion 
of  blood,  and  without  the  exercise  of  force  ;  lielieving  that  free  institutions,  in  their 
own  rijiht,  will  acliievixall  that  can  be  desired. 

I  read  this  part  of  the  coiumunication,  for  the  purpose  of  shew- 
ing though  this  paper  was  written  on  the  1 1th  of  July— prior  to  the 
actual  consummation  of  the  act  of  annexation— yet  the  instructions 
to  which  I  propose  more  particularly  to  call  the  attention  of  the  Se- 
nate, are  given  prospectively— cautiously— and  with  a  view  to  the 
actual  completion  of  that  measure,  when,  as  appears  from  the  in- 
structions themselves,  the  oificer  to  whom  they  were  directed  was 
required  to  consider  Texas  as  a  part  of  this  country.  The  letter 
proeectis  : 

"To  secure  tin.,  end  most  eircclunlly,  you  are  idiaijed  to  commit  no  del  iifiiirn-cssimi  ■ 
and  at  the  same  time,  you  are  invested  witli  the  conuuand  of  a  force  sullicieiit  to  take 
("romolhen  a  disposition  lofwutilcacts." 

Then  after  enumerating  the  force  at  the  ofricer's  command  the 
Secretary  says  :  ' 

••Tlint  yon  may  precisely  nndewnnd  what  i,  meant  hv  the  a^,Trss,im  wliicb  von 
ore  iii»tructi-d  to  avoid.  I  will  add,  ih.at  while  ibo  aunexatioir  of  Texas  extends 
oar  boundary  to  the  Del  Norte,  the  President  reserves  the  vindication  of  our  bouudarv 
IT  poulble,  lo  mcl/iods  of  peace.  Von  will,  thciffoix',  not  cmydoy  farce  to  dislndec 
Mexican  troops  from  any  (lost  east  of  the  Dot  Norte  wliich  was  in  Uie  ocluol  iw.tsfssiuit 
t>J  Otr  Mexicans  at  the  time  of  anneiatioli. 

Mould  jVcj-ico  declare  tear,  yon  wiU  at  once  iillodge  her  troops  from  My  jiosl  she 


may  have  east  of  the  mouUi  of  the  Del  Norte  ;  lake  possession  of  Tampico  ;  and  if 
your  force  is  siiHicient,  will  take  the  castle  of  San  Juan  d'UIioa,  it  being  the  determt 
ualioK  of  the  President  to  pt^?erve  perue.  if  possible  ;  and,  if  war  comes,  fo  recover 
peace  by  ailopting  the  most  prompt  and  energetic  meatures."* 

Again  :  The  Secretary  of  War  writes  General  Taylor  under 
date  of  July  8,  1S45  : 

"  This  department  is  informed  that  Mexico  has  some  military  establishments  on 
the  east  side  of  the  Uio  Grande,  which  are,  and  for  some  time  have  been,  in  the  actual 
occupancy  of  her  troops.  In  carrying  out  the  instructions  herptofore  received,  you  will 
be  careful  to  avoid  any  .acts  of  itirtt-rcsswn  unless  an  actual  state  of  war  should  exist. 
The  Mexican  forces  at  the  posts  in  their  possession,  and  which  have  been  so,  will  not  be 
r//.s7HWjc(/ asloiigasthe  relations  of  jieace  between  the  United  States  and  Mexico  con- 
tinue." 

Here  we  hiive  from  the  representatives  of  the  President  in 
the  two  Departments,  War  anil  Navy,  a  clear  and  distinct  recog- 
nition of  this  proposition,  that,  although  the  President  held 
our  true  boundary  to  be  the  Del  Norte,  yet  it  would  be  "  an  act 
OF  AGGRESSION,"  "'  A  HOSTILE  ACT,"  an  act  which  would  not  be 
justifiable  except  in  a  state  of  war,  to  dispossess  Mexico  from 
any  portion  of  that  territory  of  which  she  held  possession  at  the 
time  of  the  annexation.  When,  therefore,  orders  were  issued 
to  General  Taylor,  on  the  13tli  of  January,  ''4(),  to  advance  and 
occupy  a  position  on  the  left  bank  of  the  Rio  Grande,  admitted 
to  be  in  the  possession  of  Mexico,  the  President  ordered  what  he 
then,  undoubtedly,  understood  to  be  an  act  of  war.  He  ordered 
what  he  intended,  and  what  he  supposed  would  be  regarded  on  the 
part  of  Mexico,  as  an  act  of  hostility — of  aggession.  For,  sir, 
you  will  observe,  that  when  General  Taylor,  in  the  execution  of 
this  order,  advanced  to  the  Rio  Grande,  and  drove  the  Mexicans 
from  their  possessions — when  he  occupied  what  had  before  been  oc- 
cupied by  the  Mexicans — and  these  facts  were  reported  to  the  Pre- 
.sidcnt,  there  was  not  the  slightest  intimation  on  his  part  that 
General  Taylor  had  exceeded  the  scope  of  the  orders  which  had 
been  given  to  him,  and  had  thus  been  the  means  of  precipitating  the 
country  into  a  war,  whicli,  by  a  prudent  forbearance,  might  have 
been  avoided.  On  the  contrary,  up  to  this  very  moment,  all  that  was 
done  in  pursuance  of  that  order,  has  been  recognized  by  the  President 
as  having  been  rightfully  done,  as  having  been  done  in  accordance 
with  the  purposes  which  the  Executive  had  m  view  when  the  orders 
%vere  given. 

But,  sir,  if  the  act  was  not  an  act  of  war,  it  was  plainly  and 
manifestly  an  act  which  was  likely  to  produce  a  state  of  war.  It 
was  an  act  the  tendency  of  which  was  to  change  the  relations  qf 
Mexico  and  this  country  from  a  state  of  peace  to  a  state  of  war. 
Can  there  be  any  doubt  of  this,  sir  ?  It  is  impossible  to  doubt  it, 
when  we  recollect  the  unhappy  and  angry  state  of  feeling  which 
existed  between  the  two  countries.  When  we  recollect  the  posi- 
tion which  our  army  held  at  Corpus  Christi  for  so  many  months, 
and  the  disputes  existing  between  the  two  coimtries — the  mutual 
charges  of  insmeerity ,  and  breaches  of  faith — when  we  recollect 
all  this,  it  must  be  manifest  that  such  an  act  as  moving  an  armed 
force  to  the  Rio  Grande  was,  in  itself,  if  not  an  act  .of  war,  at 
least  one  which  wore  the  appearance  of  aggression,  and  one  wliich. 
was  calcidated  to  rouse  the  feelings  of  the  Mexicans,  and  to  pro- 
voke retaliation.  Thus  much  must  be  conceded  ;  and,  if  so,  sir, 
whence  did  the  President  of  the  United  States  derive  his  power  to 
do  tliis  without  the  consent  of  Congress. 

According  to  Mr.  Jefferson,  an  act  which  in  its  execution  may 
change  the  relations  of  the  country  from  peace  to  war,  is  an  act  be- 
yond the  competency  of  the  Executive,  and  to  be  passed  upon  only 
by  Congress.  The  Constitution  has  undergone  no  change,  the  people 
have  made  no  amendment  to  it — it  stands  now  as  it  stood  in  the  time 
of  Mr.  Jefferson.  Whence,  then,  has  Mr.  Polk  derived  his  authority 
to  precipitate  measures  which  must  lead  directly  to  war — Con- 
gress being  in  session — without  taking  their  advice  or  even  deigning 
to  inform  them  of  what  he  proposed  to  do  ?  But,  sir,  at  all  events, 
there  is  not  the  sUghtest  reason  to  doubt,  as  I  apprehend,  that  the 
movement  of  the  troops  upon  the  Rio  Grande  was  the  act  which  pro- 
duced war.  There  had  Ijeen,  previously,  threatenings  on  the  part  of 
Mexico.  There  had  been  exactly  that  state  of  feeling  which  was 
likely  to  result  in  war.  But  there  had  been  no  war,  and  my  conviction 
is  clear  that  if  our  troops  had  remained  quiet  at  Corpus  Christi, 
where  they  lind  a  right  to  remain,  on  the  ground  so  strongly  put 
by  the  Senator  from  Maryland,  (Mr.  Pearce,)  that  it  belonged 
to  Texas  by  virtue  of  her  revolution,  and  was  then  in  her  posses- 
sion, there  woidd  have  been  no  war.  But  at  all  events,  supposing 
that  war  would  have  been  produced  in  some  other  manner,  or  by 
some  other  movement,  though  our  troops  had  remained,  which  is 
mere  matter  of  speculation,  yet  it  cannot  be  tjcnied,  that  in  point  of 
fact,  this  war — the  war  in  which  we  are  nvto  engaged — was  the 
irmuediate  result  of  the  movement  of  our  troops  upon  the  Del 
Norte,  and  nothing  else.  That  movement  was  an  act  of  war — it 
was,  at  all  events,  an  act  directly  tending  to  change  the  relations 
of  the  two  countries  from  jieaee  to  war  ;  and,  therefore,  an  act 
which  the  President  could  not  lawfully  or  constitutionally  perform. 

The  next  proposition  which  I  lay  down  is,  that  this  war,  thus 
resulting  from  an  act  of  the  President,  has  been  |)rosecuted  by  him 
from  the  commenceraciit  with  a  view  to  the  conquest — the  penna 
nont  conquest — of  at  least  New  Mexico  and  Llpper  and  Low- 
er California.  I  beg  the  attention  of  the  Senate  while  I  at- 
tcnijit  to  demonstrate  this  proposition  from  public  doeiuuents. — 
First,  sir,  I  will  call  the  attention  of  the  Senate  to  the  instruc- 
tions given  by  the  Secretary  of  War  on  the  3d  of  Juuc,  '46,  to 
General  Kearney  : 

•  Doc.  a.  R.  10— 2d  Sess.  !9th  Congiess. 


January  18. J 


THE  TEN  REGIMENT  BILL. 


127 


"ghonld  yon  conqner  and  take  posseaion  of  New  Mfxjcoanil  U|i|iei  California,  or 
considerable  places  in  either,  you  will  establish  Icmparanj  cu'il  gasernmcnis  themv— 
aboli»hin»  all  arbitrary  restrictions  that  may  exist,  so  \ax  as,  it  may  be  done  with  safety. 
In  perlbrmin"  this  dnty,  it  would  be  wise  and  prudent  to  continue  in  then  employment 
all  such  of  llTc  exisling  officer  as  are  known  to  be  friendly  to  the  Ilnitod  States,  and 
will  take  I*f  oMh  of  allnriancc  to  llicm.  The  duties  at  the  eustom-houses  ought,  at 
once  to  be  reduced  to  such  a  rate  as  may  be  barely  sutficient  to niaintam  the  necessary 
officers  williont  yielding  any  revenue  to  the  Kovernniciit.  You  may  a.ssure  tile  people 
of  those  provinces  that  it  is'tho  wish  and  design  of  the  United  Stales  lo  primile  for 
Ihemafrec govemmmt,  with  the  least  possible  delay,  similar  to  that  which  exists  iii 
our  Tfrrritorifs,  They  will  then  be  cal>*d  on  to  exercise  the  rights  ol  trcemen  in  elrct- 
itm  their  own  representatives  to  the  territorial  Ugislaturr.  It  is  lorsceu  that  what  relates 
lo  tlie  civil  government  wdl  bo  a  difHcult  and  unpleasant  part  of  your  duty,  and  much 
must  necessarily  be  lel\  to  your  own  discretion."* 

In  further  proof  of  ihts,  I  read  the  instructions  given  by  the 
Na\7  Department  to  CommotJore  Sloat,  12th  July,  1846  : 

"The  object  of  the  United  Slates  is,  under  its  rights  as  a  belligerent  nation,  to  possess 
itself  entirely  of  Upper  ('alifornia.  .   ,.     ■ 

"The  object  of  the  United  States  has  reference  to  ultimate  peace  with  Mexico;  and 
if,  at  that  peace,  the  b.asis  of  the  uti  imssiihtis  shall  be  established,  the  government 
expects,  through  your  forces,  to  be  found  in  actual  possession  of  Upper  Calirornia. 

"This  will  bring  with  it  the  necessity  of  a  civil  administration.  Such  a  "overument 
shoulil  be  established  under  your  protection;  and,  in  selecting  persons  to  hold  ottice, 
due  respect  should  be  had  to  the  wishes  of  the  people  ol  California,  as  well  as  to  the 
actual  possessors  ol  authority  in  that  province.  It  may  be  proper  tn  require  an  oath 
of  allegiance  to  tlitc  United  t>t!ites  frmii  those  who  are  intru-:rt'd  with  authority.  Von 
will  also  assure  the  people  of  California  of  the  protection  of  the  United  States. 

"At'ter  von  shall  liave  secured  Ujiper  California,  if  your  force  is  sufficient,  you  will 
take  possession,  and  keep  the  harbors  on  IheCulf  of  California  as  far  down,  at  least, 
as  Guaymas.  But  this  is  not  to  interfere  with  tlio  permanent  occupation  of  Upper 
California. "t 

Then,  sir,  on  the  13th  of  August,  we  have  instruetions  from  the 
Navy  Department  to  Commodore  Stockton,  or  the  conunanding 
officer,  in  the  Pacific  : 

"You  will  tnkc  immrAiatc  possession  of  Upper  California,  especially  of  the  three 
ports  of  San  Francisco,  Monterey,  and  San  Diego,  so  that  it  the  treaty  of  peace  should 
he  made  on  the  basis  of  tlie  utipossidetns.  it  may  leave  California  to  the  United 
States."  ******* 

"  Having  provitled  for  fliefvl/  possession  of  Upper  California,  the  next  point  of  im- 
portance is^the  Gulf  of  CHlilbrnia.  From  the  best  Judgment  I  can  form,  you  should 
take  jjossession  of  the  port  of  Guaymas.  The  progress  of  our  arms  will  probably  besuch 
that,  in  conjunction  with  land  forces,  yon  will  be  able  to  hold  possession  of  Guaymas. 
and  so  to  reduce  all  the  cocstry  NORTn  or  it  on  the  gulk."^; 

Now,  sir,  in  order  to  understand  the  scope  and  bearing  of  these 
orders  still  more  clearly,  let  us  see  what  was  done  under  them  by 
the  officers  to  whom  they  were  addressed.  In  a  letter  of  General 
Kearney  to  the  Adjutant  General  of  the  24th  August,  1846,  written 
from  Santa  Fe,  he  says  : 

"On  the  93d  I  issued  a  proclamation,  etniming  the  whole  of  Xew  Mexico,  with  its 
then  boundaries.  Its  iLtcrritorij of  tlu  United  Slalis  of  .Imtrica,  and  taking  it  under 
our  protection."^ 

In  another  part  of  the  same  letter,  he  says  : 

"On  my  return  (which  will  be  in  two  or  three  weeks)  a  civil  government  shall  be 
organized,  and  the  officers  appointed  for  it;  ailer  which,  1  will  be  ready  to  start  for 
Upper  California,  which  I  hope  may  be  by  the  latter  end  of  next  month:  and  in  such 
case,  I  shall  expect  to  have  possession  of  tliat  department  by  the  close  of  November. 

Then  we  have  General  Kearney's  proclamation, -in  which  he 
announces  his  intention  to  hold  New  Mexico  as  a  part  of  the 
Uuited  States,  under  the  name  of  the  "  territory  of  New  Mexico." 

"  As,  by  the  act  of  the  republic  of  Mexico,  a  state  of  war  exists  between  that  gov- 
ernment and  the  United  States  ;  and  as  the  undersigned,  at  the  head  of  his  troops,  on 
the  18tli  instant,  took  possession  of  Santa  Fe.  the  capital  of  the  department  of  New 
Mexico,  he  now  announces  his  intention  to  hold  the  drptirtmcnt,  with  its  original  bound- 
aries, (on  both  sides  of  the  Del  .Yttrte.)  AS  a  part  of  the  U.mted  St.vtes,  and 
under  ihe  name  of  "  the  Territory  of  New  I\Iexico." 

******** 

"  The  undesigned  has  instructions  from  his  government  to  respect  the  religious  in- 
stitutions of  New  Mexico — to  protect  the  prouerty  of  the  church — to  cause  the  worship 
of  those  belonging  to  it  to  be  undisturbed,  anu  their  religious  rights  in  the  amplest  man- 
ner preserved  to  them  ;  also  to  protect  the  persons  and  property  of  all  quiet  and  peace- 
able inhabitants  within  its  bouinlaries  against  their  enemies  the  Entaws,  Ihe.Nava- 
joes,  and  others  ;  and  when  he  assures  all  that  it  will  be  his  pleasure,  as  well  as  his 
dnty,  to  compiv  with  those  instructions,  he  calls  npon  them  lo  exert  tjiemselves  in  pre- 
serving Older,  in  promoting  concord,  and  in  maintaiuing  the  authority  and  efficacy  of 
the  laws. 

"And  he  requires  of  those  who  have  left  their  homes  and  taken  up  arms  against 
the  troops  of  the  United  States  to  return  forthwith  to  theit,  or  else  they  will  be  con- 
sidered as  enemies  aad  traitors.  suhjecUn^  their  persons  to  mtnishment,  and  their 
property  to  seiinrc  and  confseation  tor  the  benefit  of  the  public  treicsury. 

"It  is  the  wish  and  intention  of  the  United  States  lo  provide  for  New  Mexico  a 
free  government,  with  the  least  possible  delay,  similor  to  those  in  the  United  Statt.^; 
and  the  people  of  New  Mexico  will  then  he  called  on  to  exercise  Uie  rights  of  freemen 
in  electing  their  own  representatives  to  the  territorial  legislature.  But,  until  this  can 
be  done,  the  laws  hitherto  in  existence  will  be  continued  nntil  changed  or  modified  by 
competent  authority;  and  those  persons  holding  office  wdl  continue  in  the  same  for 
the  present,  provided  they  will  consider  themselves  good  cttizcjis  and  are  willing  to 
take  the  oath  of  allegiance  lo  the  United  States. 

"The  United  Slates  hereby  absolves  all  persons  residing  within  the  boundaries  of 
New  Mexico  from  any  J^urtlier  allegiance  to  the  republic  of  Merieo.  and  hereby 
claims  th|m  as  citizens  of  the  United  states.  Those  who  remain  quiet  and  neaceable 
will  be  considered  good  citizens  and  receive  protection— those  who  are  found  m  arms. 
or  instigating  others  against  the  United  States,  wUl  be  considered  traititrs,  and  treated 
accordingly.W 

What  was  the  action  of  Commodore  Sloat  ?  How  did  lie  inter- 
pret and  understand  the  orders  he  had  received  ?  We  have 
distinct  information  upon  this  point,  communicated  in  the  procla- 
mation of  Commodore  Sloat  to  the  people  of  California.     He  says: 

^'  Hencefortcard  California  will  be  a  portion  of  the  United  ■'Slates,  and  its  peaceable 
inhabitants  wdl  enjoy  the  same  rights  and  jirivileges  they  now  enjoy,  together  with  the 
privilege  of  choosing  their  own  magistrates  and  other  officers,  for  the  adininistr.ition  of 
justice  among  themselves,  and  the  same  protection  will  be  extended  to  them  as  to  any 
other  State  in  the  Union.    They  wUI  also  enjoy  &  permanent  govenlTnent."^^ 


*  Doc.  H.  R.  10— 2d  sesi.  2901  Congresr— pp.    .i. 
f  "  "  "  "  til-2. 

J  ,.  ..  ..  ..  (,.1 

SN  "  "  "  -  "  19-20. 

II  "  "  .      "  "  30-21. 

IT  "  "         •  "  "  102. 


And  in  a  general  order  of  July  7,  1846,  he  says  : 

"  It  is  not  only  our  duty  to  take  California,  but  to  jiresene  it  afterwards,  as  a  part 
of  lite  United  .Stntes,  at  aU  hazards." 

What  was  the  understanding  of  Commodore  Stockton  ? 

"The  Territory  of  California  now  tfelongs  to  tJie  United  States,  and  will  be  govern- 
ed, as  soon  as  circumstances  will  [lerrait,  by  officers  and  laws  similar  to  those  by  which 
the  other  Territories  of  the  United  States  are  regulated  and  protected." 

Now,  sir,  it  is  impossible,  I  think,  to  read  what  was  done — what 
was  reported  by  our  officers  to  the  President  as  having  been  done 
by  them — without  seeing  that  they  understood  and  acted  on  his  in- 
structions, as  designed  to  make  a  permanent  conquest  of  such  por- 
tions of  Mexican  territory  as  they  were  instructed  to  take  posses- 
sion of.  There  is  not  one  word  said  in  the  instructions — nothin" 
declared  in  the  actions  of  the  officers  obeying  those  instructions — 
which  referred  or  appeared  to  refer  to  a  military  occupation  of 
those  territories,  for  the  purpose  of  compelling  Mexico  to  do  us 
justice  for  the  wi'ongs  we  had  sustained  at  her  hands — on  the  con- 
trary the  instructions  to  General  Kearney  before  read,  require  him 
lo  establish  temporary  civil  governments  therein,  and  authorize  him 
to  assure  the  people  of  the  design  of  the  United  Slates  to  provide 
for  them  a  free  government  similar  to  that  which  exists  in  our  ter- 
ritories. These  officers  clearly  understood  that  they  were  to  take 
possession  of,  and  hold,  those  territories  as  a  portion  of  the  United 
States.     What  says  Commodore  Stockton  in  his  proclamation  ? 

"I,  Robert  F.  Stockton,  commander-in-chief  of  the  Uniied  Slates  forces  in  the  Pa- 
cific ocean,  and  Governor  of  the  Territory  of  California,  and  comniander-in  chief  of 
the  anny  of  the  same,  do  hereby  make  known  to  all  men,  that,  having  by  right  of 
conquest  taken  possession  of  that  territory  known  by  tlie  name  of  Upper  and  Lower 
Calilbrnia,  do  now  declare  it  to  be  a  Territory  of  the  United  States,  nnderthe  name 
of  the  Territory  of  California," 

They  accordingly  took  possession.  They  organized  govern- 
ments— -and  they  acted  in  all  respects  as  if  from  that  time  forward 
these  territories  ceased  to  be  the  property  of  Mexico,  and  became 
for  all  time,  the  property  of  the  United  States. 

Now  did  they  understand  their  instructions  aright  ?  Why,  sir, 
in  the  message  of  the  President  of  the  United  States,  commu- 
nicating those  documents  to  us,  there  is  something  said  which  im- 
plies a  disavowal  of  something  that  was  done,  an  intimation  that 
in  some  respects  the  instructions  had  been  exceeded.'' 

Thesedocnments  contain  all  the  "  orders  or  instniction.s"  to  any  milrtary  or  naval 
officer  of  the  government,  "in  relation  to  the  establishment  or  organization  of  civil  go- 
vernment in  any  portion  of  the  territory  of  Mexico."  ♦  *  *  * 

"  Among  the  docuiiients  accompanying  the  report  of  the  Secretary  of  War  will  be 
found  "a  form  of  government"  " establlslied  and  organized"  by  tjie  military  com- 
mander who  conquered  and  ocenpied  with  his  forces  the  territory  of  New  Mexico.  This 
document  was  received  at  the  AVar  Department  in  the  latter  part  of  last  month,  and,  as 
wUI  be  I^ercci^■ed  by  the  report  of  the  Secretary  of  War,  was  not,  for  the  reason  stated 
by  that  officer,  brought  to  my  notice  until  after  my  annual  message  of  the  8tli  instant 
W'as  coinmnnicated  lo  Congress.  It  is  declared  on  its  face  to  he  "a  temporary  govem- 
mentofthe  said  territory;"  but  there  are  portions  of  it  which  purport  to  establish 
and  organize  a  permanent  territorial  government  of  the  United  States  over  theterritorx-, 
and  to  impart  to  its  inhabitants  political  rights,  which,  ouder  the  constitution  of  the 
Uniied  States,  can  be  enjoyed  permanently  only  by  citizens  of  the  United  States. 
These  have  not  been  approved  and  recognized  by  me." 

The  Secretary  of  War  in  the  -raport  referred  to  by  the  Presi- 
dent, states  that  "  the  organic  law  of  the  territory  ot  New  Mex- 
ico was  not  received  until  the  23d  of  November;  and,  because  of 
its  being  voluminous,  was  not  read  by  him  or  submitted  to  tho 
President  until  after  his  annual  message  was  sent  in." 

It  appears,  then,  upon  the  stateinent  of  the  President  of  the 
United  States  and  the  report  of  tho  Secretary  of  War,  that  the 
^^organic  law"  established  by  General  Kearney  for  the  government 
of  the  territory  of  New  Mexico,  in  consequence  of  its  late  arrival — 
late  with  relerence  to  the  then  succeeding  session — had  not  been 
read  by  him  and  submitted  to  tho  President  and  his  orders  taken 
with  respect  to  it.  Well,  now  that  is  the  only  one  of  the  docu- 
ments of  which  it  is  intimated  that  the  contents  were  not  known 
by  the  proper  department  and  communicated  to  the  President  and 
approved  and  sanctioned  by  him.  Therefore  it  is  a  reasonable, 
just  and  necessary  conclusion  that  every  one  of  the  other  docu- 
ments, except  the  one  thus  specified  and  taken  out  by  the  excep- 
tion, had  been  read,  considered  and  approved.  And  further,  even 
in  reference  to  General  Kearney's  ''organic  law"  nothing  is  ex- 
cejited  by  the  President  but_this  :  that  he  undertook  to  make  that 
law  a  jiermanent  form  of  government — whereas  the  President  in- 
tended a  permanent  occupation,  with  a  permanent  government  to 
be  finally  settled  by  Congress,  leaving  to  the  military  officer  the 
establishment  of  a  temporary  government  only.  No  exception 
was  taken  by  the  President  to  General  Kearney's  proclamation  of 
the  24th  August,  declaring  his  intention  to  hold  New  Mexico  ''as 
A  PART  OF  THE  UNITED  St.a.tes" — none  to  his  requiring  .4LL  THE 
inhabitants  to  betdrn  TO  THEIH  HOMES  ou  paih  of  being  con- 
sidered TRAITORS,  and  subjecting  their  persons  to  punishment,  and 
their  property  lo  confiscation — none  to  his  requiring  the  office-hold- 
ers to  consider  themselves  "citizens  of,  and  to  t.vke  .\n  oath 
OF  ALLEGIANCE  TO,  THE  UNITED  STATES'' — none  to  his  declaring 
the  intention  of  the  United  States  to  provide  a  civil  government 
for  New  Mexico  with  a  territorial  legislature- — none  to  his  .absol- 
ving in  the  name  of  the  United  States  the  inhabitants  of  that 
country  from  their  allegiance  to  the  republic  of  Mexico — and 
finally,  none  to  his  claiming  all  persons  residing  within  that  terri- 
tory as  citizens  of  the  United  States,  and  denouncing  the  doom  of 
traitors  against  all  of  them  who  should  be  found  in  arras  against 
us.  To  nothing  that  was  done,  by  either  Commodore  Sloat  or 
Commodore  Stockton,  in  regard  to  these  matters,  is  any  exception 


128 


THE  TEN  REGIMENT  BILL. 


[Tuesday, 


taken  ;  yet,  Commodore  Sloat  proclaimed  to  the  inhabitants  of 
California — as  early  as  July,  1846 — that  then'cefokward,  Cal- 

IKORNIA   WOULD  BE  "a  PORTION    OF    THE     U.MTED    STATES,''  and 

would  enjov  ''a  permanent  c.overnjient.''  And,  in  his  gene- 
ral orders,  issued  July  7th,  he  says  to  the  troops  who  were  about 
to  be  landed  on  the  eoast,  that  it  was  their  duty  not  only  to  take 
California,  but  to  preserve  it  afterwards  as ''A  part  ok  the  Uni- 
ted States"  at  all  hazards.  And  Commodore  Stoekton  by  his 
proelamation  makes  known  to  all  men,  that  ho  has  by  right  of  con- 
([uest  taken  possession  of  the  territory  known  as  (Tppcr  and  Lower 
Cahfornia,  and  declares  it  to  be  "the  territory  or  the  Uni- 
ted States;"  under  the  name  of  -'the  territory  ok  Cali- 
fornia." And  again,  on  the  17th  of  August,  he  declares  that 
the  territory  of  California  now  belongs  to  the  United  States,  and 
will  be  governed,  as  soon  as  circumstances  permit,  by  ollicers  and 
laws  similar  to  those  by  which  other  territories  of  the  United  States 
arc  regulated  and  governed.  . 

Here,  then,  we  .see  ollicers  acting  under  the  authority  of  the 
President,  without  rebuke  from  him,  claiming  and  establishing 
civil  governments  in  New  Mexico  and  California,  as  the  permanent 
territories  of  the  United  States;  claiming  their  inhabitants  as  our 
citizens,  promising  them  a  permanent  form  nf  government,  and 
denouncing  them  iis  traitors  if  Ihey  should  take  uji  arms  against  the 
United  Stales.  What  is  this  but  conquest?  What  is  it  but  seizure 
and  permanent  annexation  bv  force  of  arms?  This,  then  sir,  I  pre- 
sume the  President  designed'  to  do  at  the  very  time  when  he  called 
upon  the  country  for  a  recognition  of  this  war,  and  for  men  and 
money  to  prosee'ute  it.  No  intimation  is  given  to  us  in  any  of  his 
correspondence— if  he  did  not  then  entertain  the  design— at  what 
time  the  chance  took  place  in  the  Presidential  mind.  In  June. 
July,  and  August,  from  the  Navy  and  the  War  Departments  to 
all 'the  odiccrs  charged  with  carrying  into  execution  the  wishes 
of  the  President  in  the  prosecution  of  the  war,  we  have  the  same 
general  tone  of  instructions,  and  we  have  all  these  officers  seizing 
territories  and  treating  them  as  a  jiermaneiit  part  of  the  United 
States.  And  to  these  proceedings  the  President  takes  no  excep- 
tion !  He  docs  not  intimate,  by'the  slightest  breath  of  disappro- 
bation, that  the  zeal  of  these  commanders  has  exceeded  the  purpose 
of  the  Executive  ! 

I  must  .suppose  then,  that  conquest  was  the  object  for  which  the 
President  jiro-secuted  the  war  from  the  beginning,  and  not  indemnity. 
Why,  .sir,  IS  it  not  a  singular  mode  of  securing  indemnity  if  .'^uch  had 
been  his  purpose.  At  the  commencement  of  the  war,  what  did 
ho  want  indemnity  for?  Mexico,  it  is  true,  owed  to  our  citizens 
money.  If  the  object  had  been  to  seize  the  Mexican  territory  and 
simply  to  hold  it  by  military  occupation  in  order  to  compel  Mexico 
to  recognize  and  discharge  her  dehts  to  us,  why  is  nothing  of  this 
kind  mentioned  in  these  instructions?  Why  did  these  officers  treat 
the  territories  of  which  they  obtained  possession  as  a  conquest, 
which  was  to  become  a  portion  of  the  United  States?  Why  is  it 
that  no  intimation  was  given  to  them  or  to  us  that  the  object  had 
been  misunderstood — that  the  possession  which  they  held  of  these 
territories  was  as  a  sort  of  mortgage,  or  in  the  nature  of  a  secu- 
rity until  the  payment  of  the  debts  due  to  us  by  Mexico  ?  And 
above  all,  if  indemnity,  if  enforcing  payment  of  what  was  due  to 
our  citizens,  and  not  conquest,  or  permanent  annexation,  was  the 
object  of  the  war,  why  did  the  secretary,  as  early  as  the  3d  of 
June,  1846,  authorize  General  Kearney  to  assure  the  people  of 
New  Mexico  and  Upper  California  that  it  was  then  "the  wish  and 
design  of  the  United  Slates  to  provide  for  them  a  free  government 
similar  to  that  which  exists  in  our  territories." 

But  this  view  of  the  subject,  I  think,  becomes  still  stronger  when 
we  consider  the  mode  in  which  the  President  carried  on  his 
negotiations.  Mr.  Slidell  was  sent  to  Mexico,  in  the  month 
of  November.  I  believe  that  his  credentials  bear  date  on 
the  10th  of  that  month.  Well,  when  he  went  to  Mexico 
he  was  not  rcireived.  Why  was  he  not  ?  The  President  tells  you 
that  Mexico,  in  spite  of  her  plighted  word,  insultingly  refu.sed 
to  receive  our  minister.  Well,  now  it  is  plain  to  me — it  is  evident, 
when  adverting  to  the  correspondence  which  took  place  between 
our  consul  at  Mexico  and  Scnor  Pena  y  Pena — that  it  never  was' 
the  design  of  the  then  executive  government  of  JMexico  to  receive 
a  "minister  resident"  from  the  United  States.  On  the  15th  Oc- 
tober. l.*?4o.tliat  minister  writes  to  oui-  consul,  Mr.  Black,  "my 
government  is  disposed  to  receive  the  commissioner  of  the  United 
States  who  may  come  to  this  capital  with  full  powers  from  his 
government  to  settle  the  present  dispute."  And  af;er- 
wards,  Mr.  Slidell  having  arrived,  the  objection  to  his  reception 
was  that  bis  cre<lentials  ajipointed  him  "a  Minister  to  reside  near 
the  government  of  Mexico,  just  as  if  there  had  been  no  suspension 
of  the  diplomatic  and  friendly  relations  between  the  two  govern- 
monts;"  while  the  Mexican  government  understood  it  to  be  a  spe- 
cial mission  confined  to  the  Texas  question.  And  when,  to  this 
objection,  Mr.  lilack  replied  (hat  Mr.  Slidell  was  authorized  to 
settle  all  the  (jucstions  in  dispule,  Scnor  Pena  y  Pena  said  that 
"his  credentials  had  not  reference  to  any  questions  in  dispute,  but 
merelv  as  a  Minister  to  reside  near  the  Mexican  government," 
and,  referring  to  the  great  caution  and  circumspection  necessary 
on  their  part,  assured  him  that  "tho  government  itself  was  well 
disposed  to  arningo  all  illflercnces."  * 

It  is  impossibU'  to  read' he  correspondence  without  seein"  that 
the  persons  administering  iha  government  of  Mexico  were  exceed- 
ingly anxious  to  settle  the  tpiestion  of  boundary,  and  that,  in  or- 
der to  enable  them  to  do  so,  nothing  might  be  done  further  to  arouse 
or  irritate  tho  jealous   feelings  of  the   Mexican    nation,   and    that 


'  Doc.  II.  R.  tU«— J(l  KM.  'JOtli  tongtc.! 


t  und  '2-\. 


therefore  we  should  send  them  a  cormnissioner  only,  with  power  to 
settle  the  pending  dispute.  Well,  we  were  not  satisfied  with  that. 
They  had  promised  to  receive  a  commissioner  ;  the  President  ten- 
dered them  a  minister  resident.  To  such  a  minister  they  objected, 
because  he  could  not  be  received  without  arousing  excited  feelings 
and  endangering  their  continuance  in  power,  if  not  their  personal 
.safety.  But  that  is  not  all.  Long  before  Mr.  Slidell's  mission  was 
set  on  foot,  on  the  loth  of  June,  1845,  the  acting  Secretary  of 
War  writes  to  General  Taylor  in  these  terms  : 

"The  point  of  your  ultimate  destination  is  the  western  frontier  of  Te.x.is,  where 
you  will  select  and  occupy,  on  or  uear  the  Rio  Grande  del  Norte,  such  a  site  as  will 
consist  with  the  health  of  the  troops,  and  will  be  best  adapted  to  rejiel  invasion,  and 
to  protect  what,  in  theevent  of  annexation,  will  beourwtstern  border." 

Now,  sir,  here  is  an  order  as  early  as  the  15th  ©f  June,  1845, 
in  which  General  Taylor  is  directed  to  select  a  position  on  or  near 
the  Rio  del  Norte,  claimed  as  the  western  frontier  of  Texas,  which 
should  have  these  conditions — it  should  consist  with  the  health  of 
the  troops  and  be  the  point  best  adapted  to  repel  invasion,  and  to 
protect  what  was  to  be  our  western  border.  Now,  it  will  be  suffi- 
ciently obvious  from  these  documents,  I  think,  that  it  was  the  in- 
tention of  the  President  that  General  Taylor  should  move  to  the 
left  bank  of  the  Rio  Grande.  General  Taylor  so  understood  it^ 
lor  in  a  despatch  of  his  dated  4th  October,  1845,  he  says  : 

"It  will  he  recollected  that  the  instructions  of  June  1.^.  issued  by  Mr.  Bancroft, 
then  ai-tiiip  Secretary  of  War,  directed  mc  to  "select  and  occupy," on  or  near  the 
Rio  fJrande,  such  a  site  as  will  consist  with  the  health  of  the  troops,  and  will  be  best 
adapted  to  repel  invasion,"  &:c.  Rrazos  Santiago  is  the  nearest  entrance  to  the 
month  of  the  Rio  Grande;  and  Poiut  Isabel,  within  that  entrance,  and  twenty-one 
miles  from  Matamoras.  would  have  fultilled  more  completely  than  any  other  position 
the  conditions  imposed  by  the  secretary." 

Here  General  Taylor  says  expressly  that  he  understood  that  he 
would  more  completely  carry  out  the  order  by  takms  a  position  at 
Point  Isabel.  Why  did  he  not  ?  He  immediately  assigns  the  rea- 
son : 

"But  we  haii  no  artillery,  no  enpiueer  force  or  appliances,  and  but  a  moderate 
amount  of  infantry;  and  the  oc(-np:iliou  of  Point  Isabel,  under  these  circumstances, 
and  with  at  least  the  possibdity  of  resistance  from  the  Mexicans,  might  h.ave  compro^ 
mised  the  safety  of  the  command.  I,  therefore,  determined  to  take  up  the  next  acces- 
sible position  in  the  rear,  which  isthemonthof  the  Nuecesriver." 

As  early  then  as  the  15th  of  June,  an  order  was  issued  to  Gen. 
Taylor,  which  he  understood  to  be  an  order  to  take  up  his  position 
on  the  left  bank  of  the  Rio  Grande.  An  order  which  ho  thou"ht 
would  have  been  best  complied  with  by  establishing  his  position" at 
Point  Isabel.  And  he  informed  the  department  on  the  4th  of  Octo- 
ber, that  this  would  have  been  done,  but  that  he  had  not  the  re- 
quisite force  to  undertake  it.  Well,  sir,  did  he  understand  the  or- 
der rightly  ?  Let  us  see.     On  the  16th  the  secretary  writes  to  him  ; 

"You  will  approach  a."  near  the  western  boundary  nf  Texas  (the  Rio  Grande)  as 
circuin-stances  wiil'permit," 

And  the  final  order  of  the  13th  of  January,  1846,  about  the 
meaning  of  which  there  is  no  dispute,  which  all  admit:  was  an  im- 
perative one  to  General  Taylor  to  advance  to  the  left  bank  of  the 
Rio  Grande,  is  couched  in  exactly  the  same  terms  as  the  two  or- 
ders proceeding  it.  He  is  directed  to  advance,  and  occupy  posi- 
tions on,  or  near  the  left  bank  of  the  Rio  del  Norte.  There  is  no 
intimation  at  any  time  to  General  Taylor,  after  the  despatch  of  the 
4th  of  October,  informing  him  that  he  was  mistaken  in  the  con- 
struction which  he  puts  upon  the  order  of  the  loth  of  June.  On  the 
contrary,  after  that  despatch  must  have  been  received — nearly  three 
months  after  it  was  written — when  it  is  the  design  of  the  department, 
that  he  .should  occupy  the  same  position  which  he  was  directed, 
according  to  his  understanding,  to  do  previously,  he  is  directed  to 
do  it  by  a  repetition  of  the  order  issued  in  June,  1845,  almost  in 
the  same  terms.  Well,  now  what  is  the  inference  from  this  ?  If 
in  June,  1845,  General  Taylor  had  been  provided  with  a  train  of 
artillery,  if  he  had  had  a  suitable  apparatus  of  engineers,  he  would 
under  the  order  of  June  15th  have  advanced,  and  taken  possession 
of  Point  Isabel — expelling  the  Mexicans  from  that  position,  and 
placing  it  under  the  control  of  'the  United  States.  If  he  had  done 
.so,  would  he  not  have  been  obeying  the  orders  of  this  government  ? 
Was  it  not  what  was  designed  5y  thisgevernment,  that  he  should 
do  if  the  means  had  been  in  his  possession  ?  It  is  evident  it  was 
so  designed,  because,  W'hen  they  had  given  him  the  means  and  the 
same  order — he  assumes  the  position  with  the  entire  approbation 
and  support  of  the  government.  Now,  sir,  was  not  this  a  singular 
mode  ol  proceeding,  if  the  object  had  been  to  preserve  peace,  and 
restore  friendly  feelings  between  the  two  nations  by  amicable 
negotiation  ?  Offence  having  been  taken  by  Mexico  for  some 
cause,  real  or  supposed,  belore  the  President  sends  his  mission 
of  peace — a  month  before  he  sends  it — an  order  is  issued  the  object 
ami  scope  of  w  liich  was  to  place  a  military  force  within  the  terri- 
tory claimed  and  occupied  by  Mexico.  Now,  is  it  not  obvious  that 
if  this  order  had  been  fully  carried  into  ell'ecl,  it  was  calculated  to 
rouse  the  indignation  of  Mexico,  and  to  prevent  the  settlement 
of  the  ditlercnees  between  the  two  countries?  If  negotiation 
was  desirable,  if  tlie  President  himself  desired  to  settle  the  difl'er- 
enccs  upon  amicable  terms — wnuld  ho  have  preceded  a  mission  of 
peace  by  an  aggression  upon  the  power  with  which  he  desired 
to  restore  friendly  relations  ?  Let  it  be  remembered,  that  I  have 
.shown  to  the  Senate  already,  that  the  President  considered,  (we 
hiive  it  in  the  orders  Iransmilled  to  his  otficcrs,)  that  the  ex- 
pulsion of  the  Mexicans  from  the  left  bank  of  the  Rio  Grande — 
the  removal  of  their  ^ttlemcnts — was  an  act  of  aggression,  ahos- 


January  18.] 


THE  TEN  REGIMENT  BILL. 


129 


tile  act,  an  act  to  be  avoided  in  order  to  insure  the  continuance  of 
peace,  and  which  nothing  would  justify  but  the  occurrence  of  actual 
war. 

Thus,  it  seems  to  me,  that  not  only  did  the  President  bring  on 
the  war  bv  an  unlawful  and  unconstitutional  act;  but  that  he  has 
presecuted  it  for  the  purpose  of  conquest — and  of  conquest  alone. 
But  this  purpose  the  President  did  not  made  known  to  Confjress. 
He  did  not  submit  (as  he  should  have  done)  to  the  judgment  of 
Congress,  whether  they  were  willing  to  prosecute  a  war  for  the 
purpose  of  making  a  permanent  conquest  of  the  territory  of  a 
neighboring  republic.  On  the  contrary,  he  seems  carefully  to  have 
'concealed  his  design  from  Congress.  In  his  special  message  of  the 
4th  of  August,  1S46,  to  the  Senate,  ho  says  expressly  : 

"The  fliief  difflcnity  to  he  anticipated  in  tlie  negotiaton  is  the  adjuiitment  of  the 
bolindan'  hetuveii  Uie  i>arlies.  hy  a  line  which  shall  at  once  be  satisfactory  and  con- 
venient to  hoth.  and  sneh  as  neither  will  liereafter  be  inclined  to  distnrb.  This  is 
the  best  mode  of  securing  [K?rpetual  peace  and  good  neiifhborhood  between  tlie  two 
repubiics.  Slioahl  tite  Mexican  jrovernment,  in  order  to  accompHsh  these  objects, 
be  willing  to  eiila  any  ]K>rtion  of  tlieir  territory  to  the  United  States,  we  ought  to 
jiaij  thr}ii  tr  fftir  equifnlrvf :  a  jitst  ami  lioviirnblc  peace,  and  not  coNQfKST,  being 
our  purpose  in  the  prosecution  of  the  war." 

Now  what  notion  the  President  att.iches  to  the  term  "conquest," 
I  do  not  ktiow  !  To  me  it  seems  plain  that  what  had  been  direct- 
ed to  he  done  before  this  message  was  written,  and  what  was 
afterwards  done  liy  the  military  and  naval  officers  of  the  Govern- 
ment not  only  without  rebuke,  but  with  the  express  recognition  of 
the  President  of  tlie  United  States,  is  direct,  clear,  and  unques- 
tionable conquest,  I  understand  conquest  in  this  connection  as 
meaning  the  seizure  of  the  Territory  of  another  nation  by  force — ■ 
whether  it  is  to  be  held  by  force,  or  whether  a  consent  to  our 
retaining  it,  is  to  be  extorted  by  the  power  of  our  arms. 

Again,  sir,  the  President's  message  at  the  last  session  of  Con- 
gress expressly  declares  that,  "the  war  has  not  been  waged  with 
a  view  to  conquest,"  that  "the  war  will  continue  to  be  prosecuted 
with  vigor  as  the  best  means  of  secnring  peace,"  and  that  "it  is 
deemed  proper  to  hold  military  possession  of  all  the  provinces 
which  have  been  taken,  until  a  definitive  treaty  of  peace  shall 
have  been  concluded  and  ratified  by  the  two  countries."  And  I 
recollect  well,  sir,  at  the  last  session,  when  a  resolution  was 
moved  by  a  member  of  this  body,  [Mr.  Westcott,]  directing  the 
Committee  on  Territories  to  consider  as  to  the  propriety  of  estab- 
lishing some  species  of  legislative  authority  overihe  territories  of 
the  enemy  which  had  been  taken  into  our  possession,  the  honora- 
ble Senator  from  Missouri,  [Mr,  Benton.]  who  is  not  now  in 
his  seat,  in  his  strong  manner  denounced  in  his  place  the  propo- 
sition, on  the  ground  that  it  attributed  to  the  President  of  the  Uni- 
ted States  the  assumption  that  those  portions  of  Mexico  were  ter- 
ritories of  the  United  States,  This  the  honorable  Senator  charac- 
terized as  an  absurdity. 

Mr.  WESTCOTT.— Monstrosity. 

Mr.  BADGER. — Yes,  monstrosity.  But,  sir,  this  vcar  the 
tone  of  the  message  is  materially  clianged.  The  President  has 
got  a  new  phrase.  He  now  says,  not  that  he  is  not  carrving  on 
the  war  for  the  purpose  of  conquest,  but  "it  has  never  been  con- 
templated by  me,  as  an  object  of  the  war  to  make  a.  permanent 
conquest  of  the  Republic  of  Mexico,  or  to  annihilate  her  separate 
existence  as  an  independent  nation."  This  is  quite  consistent 
with  a  design  of  temporarily  conquering  the  whole,  and  permanently 
conquering  a  part.  Indeed,  he  expressly  informs  us,  that  New 
Mexico  and  the  Californias  "should  never  be  surrendered  to  Mex- 
ico." Now,  it  seems  to  me  that  it  was  the  duty  of  the  President 
of  the  United  Slates  to  have  explained  to  Congi-ess  from  the 
first,  what  his  real  purpose  was.  If  he  intended  at  the  last 
session  to  actually  conquer  and  retain  by  force — to  retain,  under 
all  circumstances,  the  territory  then  acquired  from  Mexico — ■ 
he  should  have  so  told  Congress,  But  he  told  us  no  such 
thing.  On  the  contrary,  he  leaves  us  to  suppose  that  thoush  these 
proceedings  seem  to  look  like  conquest,  yet,  still,  in  the  Presiden- 
tial mind,  the  conquest  of  any  part  of  Mexico  was  not  his  purpose. 
Now,  sir,  we  are  distinctly  informed  that  the  President  is  of  opin- 
ion that  we  should  retain,  at  all  hazards.  New  Mexico  and  the  two 
Californias, 

The  next  proposition  which  strikes  me  as  being  material  to  a 
just  determination  of  the  com'se  to  be  pursued  in  reference  to  the 
bill,  now  under  the  considerntion  of  the  Senate,  is  this  :  that  the 
present  plan  of  the  war,  as  announced  by  the  Secretary  of  the 
War  Department  in  his  communication  to  the  President,  if  carried 
out,  must  irresistibly  lead  to  the  conquest  of  the  whole  of  Mexico- 
and  I  think  wc  may  reasonably  conclude,  judsing  of  the  future  bv 
the  past,  that  if  at  this  session,  Congress shaU  place  in  the  hands  o[ 
the  President  all  the  means  he  has  asked,  we  shall,  at  the  next 
session,  find  the  whole  of  Mexico  entirely  overrun,  anti  at  the  mercy 
of  our  troops  ;  and  we  shall  then  have  a  message  inlbrminrr  us 
thtit  the  President  is  of  opmion  that  Congress  "should  not  lion- 
seiit,  under  any  circumstances,  to  surrender  any  portion  of  the 
Mexican  republic. 

The  Secretary  of  War,  in  his  report,  speaks  of  three  plans.— 
Why,  sir,  there  are  but  two,  in  fact,  if  I  am  capable  of  understand- 
ing what  seems  to  be  tolerably  plain  language.  Human  incenuity 
cannot  make  of  it  more  than  two  plans,  although  he  has  nuinerical- 
ly  divided  it  into  three.     What  are  they  ? 

Oor  furtlier  operations  must,  in  my  opinion,  be  conilucted  in  one  of  tlic  tliree  fol 
lowing  modes.     First,  to  take  and  hold  an  indemnify  line;  to  lecede  from  all  places 

30th  Cong.— 1st  Session.— No,  17. 


and  positions  now  occupied  in  advance  of  it,  and  cease  from  all  aggressive  operations 
beyond  that  line.  Second,  to  overrnn  Uie  whole  country,  and  hold  all  llie  principal 
places  in  it  by  permanent  garrisons;  and,  MjVrf,  to  retain  what  we  now  pt.sses. ,  o;ien 
the  lines  of  communication  into  the  interior,  and  extend  our  ojierations  to  other  im- 
portant places,  as  onr  means  and  the  prospect  of  advantages  shall  indicate,  keeping  a 
disposable  (brce  always  readv.  within  approachable  liniit.s;  lo  annoy  the'enemv.''to 
seize  supplies,  enforce  contrit>ntions,  and  frustrate  his  eflbrts  to  collec'i  means  aud'as- 
semble  troojis  for  the  purpose  of  protracting  the  war. 

Well  now,  sir,  is  it  not  strange  that  numbers  two  and  three  shall 
be  considered  separate  and  distinct  plans?  The  second  is  to  overrun 
the  whole  country  and  hold  all  the  principal  places  in  it  hy  establish- 
ing garrisons  therein.  What  is  the  the  third?  It  is  to  retain  what 
we  possess,  to  open  a  communication  with  the  interior,  and  to  take 
other  places,  according  as  our  means  may  enable  us.  Does  ho 
mean  under  the  second  plan  to  take  more  than  tjur  means  will  en- 
able us  to  take  ?  Under  the  first  of  the  two  latter  of  the  Secretary's 
plans,  he  proposes  to  take  all  the  principal  places  in  Mexico;  and 
under  the  second  of  them,  he  proposes  to  keep  what  we  have  got 
and  iict  all  we  can.  Well  now,  the  President  has  adopted  the 
third  of  the  plans  reported  by  the  Secretary,  as  enumerated  bv  him 
upon  which  the  war  is  to  be  carried  on,  and  it  is  upon  that  basis  that 
supplies  are  asked,  and  particularly  the  ten  regiments  proposed  to 
be  raised  by  this  bill,  to  assist  in  carrying  out  the  ojierations  of 
this  war,  in  accordance  with  the  views  of  the  Secretary. 

Well,  sir,  believing,  as  I  ilo,  that  the  necessary  consequence  of 
furnishing  the  means  which  arc  rctpiired  by  this  bill,  will  be  to  en- 
able the  Secretary  of  War,  under  the  direction  of  the  President,  to 
make  a  permanent  conquest  of  the' whole  of  Mexico.  I  cannot  vote 
for  it.     I  am  opposed  to  augmenting  the  forces  for  such  a  purpose. 

How  is  the  conquest  of  Mexico  to  be  eflijcted  ?  How  is  a  pence 
to  be  brought  about,  under  this  mode  of  prosecuting  a  war,  except 
by  the  seizure  and  subjugation  of  the  whole  country  ?  I  cannot 
vote,  sir,  for  any  plan  by  which  Mexico  is  to  be  conquered  and 
annexed  !  Because,  in  the  first  place  it  woidd  be  grossh'  unjust. 
It  would,  in  my  judgment,  according  to  my  convictions  of  risht. 
be  a  high  and  flagrant  wrong  for  us  to  seize  upon  and  incorporate 
the  territories  of  that  republic  into  our  own.  I  believe  it  would  fix 
a  stigma  upon  the  character  of  this  people  which  all  successive 
ages  would  not  be  able  to  wipe  out. 

No  oblivion  that  thousands  of  years  could  throw  over  it — no 
darkness  with  which  the  lapse  of  ages  could  surround  it.  would 
prevent  the  flagrant  enormity  of  such  a  measure,  from  bei nn-  appa- 
rent to  posterity.  How  could  our  future  historians,  and  poets 
be  able  to  relate  the  tale  of  this  country's  doings  in  rcgaril  to  this 
feeble,  unfortunate,  degraded  republic?  In  vain  would  the  attempt 
be  made  to  close  the  eyes  of  mankind  against  the  gross  injustice 
of  this  procedure,  by  throwing  around  it  the  flimsy  pretences  which 
patriotism  might  suggest.  Sir,  now  we  have  the  dazzlinrr  lilazo 
of  military  glory  cast  over  these  operations,  and  behold  llicin  in  u 
light  which  may  mislead  and  deceive  us,  but  when  the  excitement 
of  the  present  d,ay,  shall  have  passed  away,  and  they  shall  be  look- 
ed at  in  the  clear  light  of  history,  and  their  character  pro- 
nounced by  the  voice  of  truth,  there  will  be  a  universal  verdict  of 
condemnation  given  by  mankind.  My  deliberate  conviction  is  that 
iu  'the  judgment  of  posterity,  if  we  .should  consumm.tte  such  a 
wrong  as  this,  the  crimson  guilt  of  the  partition  of  Poland.  wouKI 
pale  into  absolute  whiteness  in  the  comparison.  The  one,  it  would 
be  said,  was  an  act  perpetrated  by  Monarchs,  hereditary  rulers,  men 
born  to  govern,  and  who  had  been  taught  to  regard  others  raerelv  as 
the  ministers  of  their  pleasures,  or  the  instrumentality  of  incrcasino- 
their  power,  and  in  whose  behalf  it  might  be  urged  that  they  onlv 
followed  the  example  of  their  predecessors  in  seeking,  hy  whatever 
means,  to  increase  their  power;  but  in  the  other  ease,  it  would 
be  declared  that  the  act  was  committed  by  a  republican  govern- 
ment, based  on  principles  of  equal  rights,  and  professing  friendsiiip 
and  good  will  to  all  mankind,  seeking  for  national  happiness,  and 
national  glory  in  the  pursuit  of  the  peaceful  arts,  engaged  in  the 
establishment  of  justice  and  tranquility,  and  regardinii  the  whole 
hmnan  race  as  brethren  in  blood,  entitled  to  their  luViiianitv  and 
consideration.  The  writers  of  tnat  distant  age  would  find'  that 
then,  as  ever  : 

"  Nor  6orid  prose  nor  honied  lies  of  rhyme, 
Can  blazon  evil  deeds  or  consecrate  a  crime." 

1  am  not  willing  that  my  country  sliould  now  commit  this  irrepar- 
rable  wrong,  ami  soil  herself  with  this  inefl'acable  stain. 

I  am  opposed  to  the  seizure  and  annexation  of  Mexico,  because 
it  is  as  unwise  as  unjust.  I  know  there  are  .some  who  entertain  a 
difl'erent  opinion,  but  it  docs  seem  clear  to  me  that  the  accomplish- 
ment of  such  a  measure  as  the  incorporation  of  Mexico — whether 
her  people  are  to  be  introduced  mto  a  community  of  riciits  with  us 
or  to  be  held  as  a  degraded  and  conquered  "province — whether 
they  are  to  sustain  towards  us  the  relation  of  the  territories  we  have 
heretofore  had,  or  to  remain  in  a  state  of  perpetual  pupilase — what- 
ever the  mode  and  form  in  which  their  future  condition  ami  characlcr 
are  to  be  established — must  inevitably  in  the  hour  of  its  completion 
doom  the  Union  to  certain  destruction. 

I  was  glad  to  hear  the  Senator  from  South  Carolina  farthest 
from  me,  (Mr.  Ca-Lhoun,)  take  strong  and  decided  ground  an-ainst 
the  absorption  of  Mexico  and  the  destruction  of  her  nationality. — 
I  was  glad  to  hear  his  voice  raised  against  what  in  my  view  would 
be  one  of  the  greatest  of  crimes,  one  of  the  greatest  of  political 
blunders.  But,  I  wonder,  Mr.  President,  that  it  did  not  strike 
the  honorable  Senator,  that  the  injustice  of  seizing  upon  the  whole 
by  force,  was  an  injustice  but  in  degree  superior  to  seizing  upon 
any  part  by  force — that  though  the  enormity  of  absorbing  the 
whole  of  the  Mexican  territoiy  strikes  us  with  astonishment  and 


130 


THE  TEN  REGIMENT  BILL. 


[Tuesday, 


horror,  it  is  but'bceause  the  human  mind  is  more  strongly  affected 
and  impressed  Ijy  subjects  which  appear  larL'c,  yet,  that  in  truth, 
tlie  seizure  ol'  one  loot  of  Mexican  soil  is  just  as  much  aji  invasion 
of  the  eternal  principles  of  right,  as  much  a  sacrifice  of  the  claims 
of  justice  and  the  obli-rations  wliich  we  owe  our  fellow-men,  as  the 
seizure  of  the  whole.  I  am  opposed  to  the  conquest,  by  arms,  ol 
JVlcxieo  or  any  part  of  Mexico.  I  am  Apposed  to  wresting  from  her 
one  inch  of  her  domain  by  the  exertion  of  any  force  which 
shall  control  her  will  and  compel  an  apijarent  sinrcnder,  whdo  in 
reality,  the  soul  of  the  country  tenaciously  adheres  to  that  with 
which  it  parts.  I  am  opposed  to  the  commission  by  this  country  ol 
such  an  act  of  injustice,  lor  the  attainment  of  any  object  be  it  great 
or  small,  believing,  as  I  fully  do,  that  a  pure,  unsullied  reputation 
amongst  the  nations  of  the  earth,  is  of  more  importance  to  us  than 
any  acquisition  that  the  wide  world  can  lurnish. 

It  has  been  said— it  was  said  on  this  tloor  at  the  time  when  the 
resolutions  of  the  honorable  Senator  from  South  Carolina  %yere  be- 
fore the  Senate— that  the  proposition  contained  in  them,  which  con- 
demns the  conquest  of  Mexico  and  the  destruction  ol  her  nation- 
ality, was  a  proposition  the  assertion  ol  which  would  be^idle  and 
fruitless,  because  the  destruction  of  the  nationality  ol  Mexico  is 
contemplated  by  no  one.  At  tlie  time  when  I  heard  the  statement 
made,  1  enterta'incd  the  same  opinion  and  expres.sed  that  opinion  to 
the  Senator  himself.  (Mr.  Calhoun  here  nodded  assent.)  But, 
an  attentive  consideration  of  the  report  ol  the  Secretary  ol  War. 
and  the  means  demanded  by  the  President— a  consideration  ol  the 
important  fact  disclosed  this  day,  that  the  President  has  refused 
upon  this  subject  to  communicate  his  views  and  plans  in  the  farther 
prosecution  lif  the  war— the  fact  that  he  has  proceeded  Irom  a 
disavowal  of  all  intended  conquest,  to  a  simple  intimation  that  he 
has  never  desired  to  conquer  Mexico  or  destroy  her  nationality;— 
these  things,  sir,  have  convinced  me  of  tlie  probability  that  the 
government  is  now  thinking,  at  some  no  distant  day,  actually  to 
make  the  movement  whicii  the  resolutions  of  the  Senator  from 
South  Carolina  denounces.  I  was  struck,  sir,  with  the  ac- 
count of  a  recent  celebration  in  th.s  city  of  the  anniversary  of  the 
battle  of  New  Orleans.  It  was  held  here  on  the  lltli  instant,  and 
I  noticed  that  an  honorable  and  distinguished  member  of  this  body 
(Mr,  Dickinson,)  made  an  address  on  the  occasion  to  the  com- 
pany then  assembled,  concluding  with  a  sentiment  which  goes  far 
ahead  of  the  annexation  of  the  whole  of  Mexico.  He  gave  as  a 
toast — "A  more  perfect  Union,  embracing  the  whole  of  the  North 
American  Continent."  I  did  not  observe  that  the  sentiinent 
was  received  with  disapprobation.  I  saw  no  mention  of  any 
qualification  of  the  sentiment  by  him  or  others;  but  there  it 
stands  as  the  declared  opinion  of  a  representative  of  the  great 
"  empire  State"  upon  this  floor — a  State  which,  of  all  others, 
is  able  to  succeed  by  physical  lorce  in  the  accomplishment  of 
such  a  design — a  design  looking  to  a  more  "  perfect  union," 
not  in  the  closer  association  of  the  members  of  this  republic — 
not  in  a  strengthening  of  our  social  relations — not  in  an  in- 
crease of  mutual  attachment — but  a  more  perfect  union  which 
is  to  embrace  in  one  with  us  the  whole  of  the  North  American 
continent,  including  Mexico  on  the  south,  and  tlie  entire  Bri- 
tish Provinces  on  the  north.  When  I  see  propositions  of  that 
sort  coming  from  gentlemen  of  such  high  character,  known  intel- 
ligence, and  distinguished  position  before  the  country,  I  cannot  re- 
sist the  conclusion,  that  such  sentiments  may  have  an  echo  in  the 
hsarts  of  thousands. 

But  there  are  other  difficulties  in  ray  mind.  I  consider  the  further 
prosecution  of  this  war  upon  the  plan  proposed  by  the  President  of 
the  United  States  as  dangerous  to  the  liberties  ol  the  country.  I 
was  struck  by  the  remark  made  by  the  honorable  Senator  from  South 
Carolina,  (Mr.  Calhoun,)  that  no  one  now  hears,  as  in  the  early 
days  of  the  republic,  the  question,  ''how  will  this  measure  affect  our 
liberty?  "  Now  we  sit  down  and  calculate  calmly  what  amount  of 
military  force  or  means  it  is  necessary  to  put  into  the  hands  of  the 
President  to  accomplish  a  certain  object.  We  ask  whether  we 
shall  send  him  further  into  Mexico  at  the  bead  of  an  hundred  thou- 
0  md  men,  with  all  the  means  of  this  country  at  his  command,  by  our 
v.iluntary  vote,  and  all  the  means  of  Mexico  by  military  and  violent 
seizure,  and  yet,  as  the  honorable  Senator  said,  there  is  no  inquiry 
as  to  the  ellcct  of  all  this  upon  our  liberties.  That  remark  excited 
in  my  mind  a  train  of  thought,  which  led  me  to  the  conclusion  that 
there  is  great  and  just  ground  of  apprehension  if  this  measurcis 
adopted  that  the  liberties  of  the  country  will  be  seriously  endan- 
gered. Recollect  what  the  President  claimed  on  this  subject,  in 
his  message  of  last  session.  All  that  has  been  done  heretofore  in 
Mexico,  in  the  pro.sccutiou  of  this  war,  the  President  claims  the 
right  of  doing  because  we  are  the  eonqueror.  But  where,  I  ask. 
does  he  find  any  suithorily  for  exercising  the  rights  of  a  con- 
queror ?  If  he  has  them,  it  must  be  irrespective  a'nd  independent 
ol  the  const jlution  of  the  United  States?  The  eonquenn-  has 
certain  rights,  and  the  President  claims  that  these  rights  be- 
long to  him.  for  one,  I  do  not  admit  that  proposition,  ft  is  the 
Government  of  the  United  States  and  the  people  of  the  United 
States  reinesentcd  in  that  Government,  who  are  the  conquerors  in 
every  war  in  which  we  are  successful.  Therefore,  the  rights 
which  belong  to  the  conqneror,  according  to  the  law  of  nations 
bLdong  no  more  to  the  President  than  they  do  to  the  lowest  officer 
who  leads  a  band  of  men  against  the  enemy.  These  rights  be- 
long to  the  country — to  those  who  represent  tlu!  soverei^ntv  of 
the  nation — who  hold  the  war-power  of  the  nation — to  the  Con- 
gress of  the  United  States.  The  President  has  no  other  power 
than  as  he  is,  by  the  constitution,  the  chief  military  commander' 
whose  duty  it  is  to  carry  on  war  for  the  purpose  and  to  the  ends 


declared  by  those  who  represent  the  sovereignty  of  the  nation. 
But  the  President  claims  that  he  has  a  right  to  take  possession, 
and,  that  having  taken  possession,  he  has  a  right  to  require  from 
persons  within  the  territory  the  oath  of  allegiance;  submission  to 
the  regulations  of  his  military  olBcers;  suspension  of  all  resistance 
to  his  military  authority,  under  pain  of  being  treated  as  traitors, 
and  made  liable  to  punishment  in  their  persons  and  in  the  confi.sca- 
tion  of  their  goods;  and  to  seize  all  the  public  property  and  reve- 
nues of  the  country.  All  this  he  claims,  as  a  conqueror,  and 
wholly  irrespective  of  any  responsibility  to  Congress.  I  protest 
against  an\'  such  doctrine. 

Having  now  stated  my  views  of  the  commencement  of  this  war — 
the  manner  and  purposes  of  its  prosecution — and  the  dangerous 
tendency  of  the  Executive  claims  of  power  and  projects  of  con- 
quest— I  come  to  the  proposition  before  us.  We  are  called  upon 
to  place  at  the  command  of  the  President  ten  regiments  of  regu- 
lars, in  addition  to  the  present  military  force.  For  what  purpose? 
To  carry  on  the  war  with  Mexico?  Upon  what  plan?  Sir,  the 
President  declines  to  inform  us  upon  what  plan. 

Mr.  MANGUM,  (in  his  seat.) — His  friends  here  decline. 

Mr.  BADGER. — A  few  days  ago  when  this  subject  was  under 
consideration  by  the  Senate,  and   my  friend   from  Kentucky  (Mr. 
Crittenden)  stated  in  his  strong  and  forcible  manner  the  present 
condition  of  Mexico,  and  the  utter  and  absolute  want  of  any  ne- 
cessity for  this  additional  military  force,  a  part  of  a  communication 
from  General  Scott  was  read  by  the  Hon.  Chairman  of  the  Com- 
mittee on  Military  AtTairs,  as  to  the  amount  of  ibrce  that  would  be 
required.     General  Scott  expressed  the  opinion  that  if  certain  pur- 
poses were  contemplated   it  would  be  necessary  to  raise  his  forces 
to  fifty  thousand  men.     I  myself  asked  the  Hon.  Senator  on  what 
plan,  system,  or   basis  of  operation,  for  conducting  the  war,  that 
estimate   was  made.     The  Senator  declined  to  answer.     Resolu- 
tions have  been  proposed  in  the  other  House,  making  inquiries,  and 
to  these  the  President  has  declined  giving  any  answer.    A  resolution 
was  introduced  in  this  body  asking  the  President  to  communicate  to 
us  information  on  this  subject,  such  as  he  might  deem  it  consistent 
with  the  public  interest  to  communicate   to  us,  either  eontidential- 
ly  or  in  open  session.     The  President  was  asked  to  communicate 
to  us  information  which  would  enable  us  to  understand  this  mons- 
ter project  for  the  war,  which  requires  this  great  addition  to  our 
military  means;  and  this  morning,  by  a  vote  of  the  majority  of  this 
body  it  was  determined  that  the  question  should  not  be  put  to  the 
President,  whether  he  has  in  bis  possession  any  information  on  this 
subject,  which  he  could,  consistently  with  the  public  interests,  com- 
municate to  us,  either  in  private  session  or  conlidentially?     Thus, 
bv  the  action  of  the  President  in   the  one   case,   and  his  friends  in 
the  other,  all  information  is  denied  us,  and  the  war-making  power 
of  the  country  excluded  from   all   knowledge  of  the  plans  for  the 
prosecution  of  the  war  !     Well,  sir,  what  is  the  amount  of  our  mil- 
itary force  in  Mexico,  to  which  it  is  proposed  to  make  this  formida- 
ble addition  ?     Without  going  into  detail,   I   may   safely  say  that 
that  force  at  present  amounts  in  round  numbers  to  lorty-five  thou- 
«and  men.     Under  existing  laws,  twenty  thousand  may  be  raised, 
to  complete  the  complement  of  regulars  and  volunteers,  making  an 
agn-resate  of  sixty-five   thousand  men.     Deduct  from  that  fifteen 
thousand,  on  account   of  the  casualties  to  which  the  Senator  from 
Michigan  so  often  refers,  and  you  have   an  army  of  fifty  thousand 
men.  "  Yet,  it  is  now  proposed  to  add  to  that  force  ten  regiments 
of  regulars  with  a  bill  behind  it  to  put  at  the  disposal  of  the  Presi- 
dent twentv  thousand  volunteers,  a  force,  including  the  sailors  and 
marines  co-operating  with  the  troops,  of  not  less  than  seventy-five 
thousand  to  eighty  thousand  effective  men.     What  is  to  be  accom- 
plished by  that  force  ?  Arc  there  battles  to  be  fought  ?    That  is  dis- 
tinctly disavowed.    There  is  no  expectation,  sir,  of  any  more  battles 
to  be  fought.     For  what  then,  sir,  do  you  ask  these  men  ?     Why, 
the  honorable  gentleman  from   Michigan  says,  that  he  wishes,  by 
the  exhibition  of  a  large  force  there,  to  produce  "a  gretU  moral  el- 
feet."    How  ?     Why,  lie  means  to  convince  the  Mexicans  that  they 
are  unable  to  resist  us.'     Well,  sir,  if  they  are  able  to  resist  the  lo- 
gic of  such  fields  as  Buona  Vista,  Churubusco,  Contreras,  and  Cerro 
Gordo;  think  you,  sir,  that  their  incredulity  will  yield  to  the  mere 
si^ht  of  a  large  body  of  men  ?     What,  then,  do  you  intend  to  do 
wTth  this  immense  military  force  ?     They  are  to  take  possession 
and  occupy  the  country  it    is   said.     And  when  they   are  there, 
what    great    object  is  it  intended  that   they  should   accomplish, 
which  this  country  desires  to  see  accomplished  ?      Do    w'e   want 
peace  ?     Is  it  not   obvious  to  every  one  that  peace  cannot  in  this 
way  be  obtained  ?     If  peace  could  be  coerced,  we  have  done  every 
thin-T  that  aenius  can  contrive,  and  skill  and  gallantry  execute  to  ac- 
complish it"  I  believe  it  may  be  said,  without  exaggeration,  that  the 
history  of   no  country  has  presented  such  a  succession  of  brilliant 
military  achicvmcnts  as  we  have   gained  in  Mexico.     As  a  single 
battle,  nothing  can  be  produced  equal  to  the  last  battle  of  Taylor; 
and  as  a  succession  of  military  operations,  where  can  you  find  a  par- 
allel to  the  advance  of  Scott  Irom  Vera  Cruz  to  the  city  of  Mexico  ? 
If   chastisement — defeat — overpowering,   overwhelming    defeat — 
were  sullicient    to  bring   Mexico  to  a  disposition  for   peace,  she 
would  have  been  brought  to  that  disposition  long  ago.     How,  then, 
do  you  pro)iose  to  accomplish  it  by  your  troops  i     Why,  they  are 
to  take  possession  and  occupy  the  whole  country — or,  us  the    Sec- 
retary of  War  savs,  to  keep  that  portion  of  it  which  we  have  got, 
and  occupy  all  the  rest  of  which  our  means  will  allow  us   to   take 
possession.     Well,  when  you  have  got  possession,  what  disposition 
of  it  do  you  propose  to  make  ?    Posts  and  fortifications,  I  suppose, 


January  18.] 


THE  TEN  REGIMENT  BILL. 


131 


are  to  be  established  everywhere.  You  are  to  maintain  all  the 
stronsholds  ol'  Mexico,  and  her  valleys  arc  to  be  everywhere 
marked  by  the  signs  of  military  occupation  How  lonjr  is 
this  state  of  thinpiS  to  continue?  Until  Mexico  makes  peace!  But, 
I  pray  you,  is  this  the  way  in  which  the  {icntle  sentiments  of  benevo- 
lence and  peace  are  to  be  instilled  into  i  he  Mexican  bosom  ?  True, 
you  may  compel  her  to  submit — you  may  prevent  her  from  utter- 
ing a  word  of  complaint — you  may  force  her  to  feign  compliance 
whh  your  wishes— her  active  resentment  may  disajipcar— and  yet 
a  dogged  spirit  of  revenge,  and  the  intcnscst  hate,  will  rankle  and 
lurk  beneath.  The  Latin  poet  has  said  with  great  propriety  and 
force : 

"Si  te  coIo  SexttE  noii  amabo.'* 

referring  to  a  well  known  quality  of  our  nature,  in  virtue  of  -which 

that  superiority  which  demands  our  admiration,  inclines  us  to 
withhold  our  love.  If  this  be  the  tendency  of  that  moral  coercion, 
what  may  we  expect  from  awe  and  terror  ?  Do  we  really  expect, 
by  renewed  conquest,  by  devastated  fields,  by  captured  villages, 
by  stormed  fortresses,  by  occupying  such  positions  that  no  Mexi- 
can can  look  forth  without  beholding  the  evidence  of  the  fall  of  his 
country  and  the  presence  of  her  conqueror,  that  peace  is  to  be  re- 
stored? Sir,  no  man  should  expect  it.  What  is  the  situation  of 
Mexico  at  this  moment  t  She  lies  at  your  feet,  bleeding,  exhausted, 
panting.  Do  you  wish  to  trample  upon  this  enemy  already  in  the 
dust?"  Do  you  wish  to  crush  the  last  remains  of  her  vitality? 
I  hope  not,  sir  ;  but  even  if  you  do,  you  do  not  need  this  additional 
force. 

We  received  yesterday  the  copy  of  a  general  order  of  the 
15th  December,  issued  by  General  Scott,  the  first  article  of 
which  proceeded  to  inform  the  army  that  it  would  spread  itself 
over  the  republic  of  Mexico  ;  and  which  goes  on  to  establish 
a  svstem  of  internal  regulation  for  the  government  of  the  coun- 
try, and  the  collection  and  disbursement  of  the  revenue.  If, 
then,  it  be  right  and  manly,  in  the  present  crippled  condition 
of  Mexico,  to  destroy  her  nationality,  you  have  ample  means 
to  do  so.  But,  ere  you  proceed  to  the  accomplishment  of 
such  a  purpose,  will  you  not  pause  for  a  moment  and  reflect  up- 
on the  consequences  which  must  inevitably  follow  ?  If  such  a  de- 
sign be  carried  out.  the  destruction  of  our  liberties  is  certain.  You 
se7id  forth  the  President  with  his  eighty  thousand  men.  He  is  told 
that  he  can  support  these  men  and  meet  the  other  expenses  of  the 
war  by  levying  contributions  in  Mexico.  He  is  thus,  clothed  with 
sufch  authority,  left  in  a  foreign  country  to  form  his  plans  and  car- 
ry them  into  execution.  Is  he  not  thus  invested  with  all  the  pow- 
er and  dignity  of  a  prince,  free  to  obey  the  dictates  of  his  own  ar- 
bitrary will  at  the  head  of  seventy  or  eighty  thousand  men,  dicta- 
ting laws  to  a  new  nation,  collecting  and  disbursing  its  revenues, 
rulin<T  there  with  a  despotic  sway,  and  by  the  patronage  and  pow- 
er thus  created  controlling  the  action  of  his  proper  constituency 
at  home?  Such  a  power,  sir,  ought  not  to  be  trusted  to  the  Pres- 
ident of  the  United  States.  Above  all  things,  sir,  regulars  should 
not  bo  the  force  placed  at  his  disposal.  The  honorable  chairman 
of  the  Committee  on  Military  Affairs  has  told  us  that  regulars 
were  to  be  preferred  because  when  they  entered  the  army  they 
surrendered  every  right  but  the  right  of  obedience  !  and  became 
"mere  machines."  This  avowal  led  me  to  look  with  horror  upon 
such  a  description  of  force.  I  prefer  the  volunteers,  because  although 
they  enter  the  service  of  the  country,  they  yield  none  of  the  rights  of 
freemen.  I  am  opposed  to  putting  into  the  hands  of  the. Executive 
a  military  force  which  knows  no  law  but  their  master's  bidding, 
moving  at  his  will,  obeying  his  behests  implicitly,  and  holding 
themselves  free  from  all  the'obligations  and  responsibilities  of  citi- 
zenship. When  you  put  a  vast"  force  of  that  description  into  the 
hands  of  the  Execntive,  have  you  not,  as  far,  as  possible,  rendered 
him  independent  of  you  ?  Have  you  not  converted  him  from  a 
President  into  a  Prince — from  a  republican  Chief  Magistrate  into 
a  Military  Dictator? 

When,  on  the  present  plan  of  the  campaign,  is  the  war  to  end  ? 
War,  it  must  be  admitted  by  all,  is  a  great  evil.  Is  there  to  be  no 
end  to  it  in  this  case?  must 


-  Ilip  tears 


And  lilood  of  partli  flow  on  as  they  liave^owed. 
A.n  nni  verbal  deluge — wliicli  appear 
Without  an  arii  for  wretehed  man's  aliode — 
And  eblts  but  to  re-flow." 


Is  it  our  design,  in  sending  these  troops  to  Mexico,  to  sit  out  the 


Mexican  people,  and  try  an  experiment  of  obstinacy  between  the  two 
races  ?  If  so,  let  us  recollect  the  just  and  forcible  remark  made  here 
last  winter  by  the  Senator  from  Missouri,  (Mr.  Benton,)  in  speak- 
ing of  the  line  proposed  to  be  taken  by  the  Senator  from  South  Caro- 
lina, that  no  people  on  earth  have  such  obstinate  perseverance  as  the 
old  Castilian  race,  and  this  quality  is  to  be  found  to  a  great  extent  in 
the  present  inhabitants  of  Mexico.  The  Senator  then  reminded  us, 
that  If  we  undertake  the  process  of  sitting  out  the  Mexicans,  we 
should  not  forget  the  example  of  the  Moors  ;  for,  as  he  remarked, 
they  sat  a  thousand  j'cars,  and  the  Spaniards  at  last  sat  them  out, 
and  took  possession  of  the  whole  of  Spain.  Sir,  I  am  not  in  favor  of 
voting  these  regulars  to  the  President  in  order  to  enlarge  our  milita- 
ry forces  in  Mexico.  The  force  there  now,  is  ainple  for  every  legiti- 
mate purpose.  If  the  President  wishes  to  prolong  the  experiment 
for  another  year  of  occupying  the  portion  of  the  country,  now  in 
our  military  possession,,  he  has  ample  force  to  do  so.  I  am  not 
willing  to  encourage  the  President  in  any  scheme  of  territorial  ag- 
grandizement, or  by  any  action  of  mine  to  excite,  if  it  does 
not  already  exist,  a  ilisposition  to  seize  and  annex  the  whole  of 
Mexico.  I  desire  no  such  result  ;  nay,  I  should  dread  it  as  a  ca- 
lamitv — I  should  look  upon  it  with  horror  as  a  fatal  misfortune. 
If  we  are  to  have  anv  additional  troops,  let  them  be  volunteers. 
Let  them  be  men  of  that  superior  character  of  which  the  Senator 
from  Mississippi,  (Mr.  Davis,)  spoke.  Let  them  be  men  who 
realize  their  rights — who  have  a  position  in  society,  which  con- 
nects them  indissohibly  with  everything  dear  to  the  happiness  and 
future  welfare  of  the  countrv.  Let  us  not  put  anv  more  of  these 
'■  machines"  into  the  hands  of  the  President,  which  he  may,  if  it  be 
his  pleasure,  turn  against  ourselves. 

It  has  been  supposed  that  the  people  of  the  United  States  have 
a  desire  that  some  acquisition  should  be  made  from  Mexico  by 
force.  I  am  extremely  unwilling  to  believe  that  the  people  of  my 
country  entertain  such  a  wish,  or  cherish  such  a  purpose.  But  of 
one  thing  I  am  certain  :  the  people  of  my  own  State  neither 
have  in  themselves,  nor  encourage  in  others,  a  disposition  to  seize 
by  violence  the  property  of  Mexico,  or  to  acquire  anything  from 
her  except  by  her  voluntary  disposition,  for  a  full  and  valuable  con- 
sideration.  "The  people  of  North  Carolina,  I  feel  sure,  are  satis- 
fied with  their  own  possessions.  They  fix  no  eager  look  of  cove- 
tousness  on  the  enjoyments  of  others.  Plain,  unpretending,  honest, 
not  blessed  with  the  largest  amount  of  wealth  and"  power  and 
means  which  Providence  has  showered  upon  other  portions  of  the 
LTni-^n,  but  possessing  enough  for  happiness — enough  for  respec- 
tability— enough  to  enable  them  to  educate  their  children  and 
difluso  the  principles  of  morality  and  religious  truth  amongst 
them,  and  to  hand  down  as  a  legacy  to  their  descendants  the 
great  principle  that  nothing  can  be  truly  great  which  is  not 
right — that  people,  sir,  are  opposed-to  any  such  aggressive  policy 
^any  such  unjust  and  forcible  acquisition.  They  hold  that  he 
who  sacrifices  the  principles  of  justice  on  account  of  property, 
not  only  yields  up  his  innocence,  but  sacrifices  his  interest,  and, 
by  his  intemperate  pursuit  of  what  belongs  to  others,  surrenders 
or  weakens  his  best  security  for  the  continued  possession  of  his 
own.  Sir,  I  feel  the  strongest  conviction  that  the  people  of  my 
own  State  do  not  desire  to  acquire  any  thing  from  Mexico,  by  force, 
and  that  they  would  not  be  willing  to  put  at  hazard  the  peace  of 
our  own  country,  and  weaken  the  bond  of  our  Union,  by  any  consi- 
derable acquisition  of  Mexican  territory  .however  freely  surrendered 
and  amply  paid  for.  They  may  be  willing,  as  I  am,  to  procure  a  bay 
upon  the  Pacific  with  such  an  addition  of  territory  as  shall  be 
necessary  and  barely  necessary,  to  unite  it  with  our  territory 
of  Oregon,  provided  it  is  not  obtained  by  force — that  the  sur- 
render is  not  dictated  by  coercive  power — but  that  it  is  made  with 
a  true  free  will,  and  honestly  purchased  by  us.  But,  if,  contrary 
to  my  confident  expectations,  the  people  who  sent  me  here  have 
or  should  have  views  contrary  to  those  which  I  have  expressed,  I 
cannot  sacrifice,to  their  wishes  what  I  believe  to  be  their  highest 
honor  and  their  best  interests. 

I  have  thus  imperfectly  expressed  the  views  under  which  I  must 
vote  against  the  proposition  on  your  table.  They  have  been  pre- 
sented with  entire  frankness  on  my  own  part,  and.  thanking  the 
Senate  for  the  attention  with  which  I  have  been  heard,  I  will  de- 
tain them  no  longer. 

Mr.  FOOTE  then  signified  his  intention  of  addressing  the  Sen- 
ate upon  the  bill  before  them,  but  as  the  hour  of  adjournment  had 
arrived ,  , 

The  Senate  adjourned. 


132 


I^ETITIO  NS— RESOLUTIONS. 


[Wednesday, 


WEDNESDAY,  JANUARY  19,  1848. 


REPORTS    FROM    DKl'ARTMENTS. 

The  VICE  PRESIDENT  laid  before  the  Scnalo  a  report  of  the 
Secretary  of  War,  maJc  in  complianeo  with  a  rcsoUuion  ol  the 
Senate,  aeoompanied  bv  a  eomnuinieation  from  the  Commissione, 
of  Indian  Affairs,  respcetins  ='»>•  losses^  sustained  by  he  Seneea 
Indians  of  New  York,  through  a  late  Sub-Agont  ot  the  United 
Slates. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  eommunication 
from  the  acting  Secretary  of  the  Treasury  correctuig  a  eleneal 
eiror  in  the  anmtal  report  of  the  Secretary  of  the  Treasury  on  the 
st^eofthe  finances;  which  was  ordered  to  be  printed,  and  ap- 
pended to  said  annual  report. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of 
the  Secretary  of  War,  made  agreeably  to  law,  aceonipanied  by  a 
statement  of  the  p__ersons  employed  in  the  Indian  Department, 
during  the  year  IS-IT. 

PETITIONS. 

Mr  MANGUM  presented  the  petition  of  Ann  Kelly,  widow  of 
Daniel  Kellv,  deceased,  a  gunner  in  the  Naval  Service,  praying  a 
pension;  which  was  referred  to  the  Committee  on  Naval  Affairs. 

Mr  STURGEON  presented  a  memorial  of  the  Philadelphia 
College  of  Pharmacy,  praying  the  adoption  of  mea.suies  to  prevent 
the  iinportation  of  spurious  drugs,  -   -'         "  ""■    -■ '*" 


medicines  and  chemicals  into 
t!!o  port's  oTthe  Uni'ted'states;  which  was  referred  to  the  Commit- 
ice  on  Commerce. 

Mr  B  \GBY  submitted  an  additional  document  relating  to  the 
petition  k  Hugh  WaUace  Wormlcy;  which  was  referred  to  the 
Committee  on  Nav  1  Aflairs. 

Mr  JOHNSON,  of  La.,  presented  the  petition  of  Wdliam 
Darby,  praying  retnuneratioii  for  time  and  money  spent  by  him  in 
the  survey  of  the  ff-bine  river. 

On  motion  by  IMr.  JOHNSON,  of  La.  it  was 

Ordered.  That  it  ie  referred  to  a  select  committee,  consisting 
of  five  members,  tu  i'O  appointed  by  the  Vice  President.    ^  , 

Mr.  CoRWiN,  M.--  Johnson,  of  La.,  Mr.  Rusk,  Mr.  Eoote, 
and  Mr.  Cass,  were  appointed  the  committci^ 

On  motion  by  Mi .  UPH.\M,  it  was 

Ordered,  That  the  ilocuments  on  the  files  of  the  Senate,  relating 
to  the  claim  of  John  I'.'lis  to  a  pension,  be  rcfeired  to  the  Commit- 
tee on  Pensions. 

On  motion  by  Mr.  DOWNS,  it  was 

Ordered.  That  the  memorial  of  John  Hagan,  E.  Laekett,  and 
Sherman  .Tohnson,  on  the  files  of  the  Senate,  be  rd'crrcd  to  the 
Committee -on  Foreign  Relations. 

On  motion  by  Mr.  BAGBY,  it  was 

* 

Ordered,  That  the  report  of  the  Postmaster  Gener.al,  made  the 
fith  inst.,  in  relation  to  the  claim  of  Jameson  and  Williamson,  be 
referred  to  the  Committee  on  the  Post  Office  and  Past  Roads. 

On  motion  by  Mr.  DAVIS,  of  Miss.,  it  was. 

Ordered,  That  the  Committee  on  Military  Ailairs  be  discharged 
from  the  further  consideration  of  the  petition  of  Gad  Humjihrcys, 
and  that  it  be  referred  to  the  Committee  of  Claims. 

MAJOR    CHARI.ES    I..\R.\11EE. 

Mr.  NILES  said  :  Mr.  President,  There  is  on  the  files  of  the 
Senate  the  petition  and  accompanying  papers  of  Major  Charles 
Larabee.  praying  for  an  increase  c)l'  bis  pension,  or  for  arrears  of 
pension,  which  he  thinks  he  is  justly  entitk'd  to.  I  presented  this 
petition  last  session,  and  then  took  occasion  to  make  a  few  re- 
marks on  the  case  to  ask  the  attention  of  the  Committee  on  Pen- 
sions to  it.  From  want  of  time' I  presume  there  was  no  action  up- 
on it.  In  justice  to  Major  Larabee,  who  is  one  of  my  constituents, 
I  cannot  now  forbear  to  say  a  few  words  rcsiiecting  the  merits 
of  this  claim,  and  the  peculiar  hard.sliipof  the  ease  of  the  petition- 
er. Major  Larabee  entered  the  army  several  years  before  the 
last  war  with  Great  Britain.  I  believe,  in  the  humble  rank  of  a  pri- 
vate, or  perhaps  of  a  sergeant,  and  by  his  good  conduct,  his  lidcli- 


ty  and  his  bravery,  left  the  army  with  the  brevet  rank  of  a  Major 
conferred  upon  him  for  his  gallant  and  honorable  conduct.  Before 
the  war  began  he  was  engaged  in  the  battle  of  Tippecanoe;  and 
he  was  in  that  fierce  and  bloody  fight  at  Brownstown,  the  very 
first  battle  of  that  war,  and  in  that  action  lost  his  right  arm,  which 
was  so  shattered  that  it  had  to  be  amputated  at  the  shoulder,  But 
though  thus  wounded  and  maimed,  he  continued  in  the  service, 
and  was  actively  employed  duriiiLT  the  whole  war,  and  was  in 
other  actions,  of  which  the  battle  of  Plattsburgh  was  one. 

Soon  after  the  war  he  left  the  army,  and  in  1830  received  his 
pension,  commencing  in  1S27.  Being  but  a  lieutenant  when  wound- 
ed, he  received  a  pension  as  such  only,  although  he  sustained  tho 
honorable  rank  of  a  Major  when  he  left  the  sernce.  His  pension 
is  only  twenty-five  dollars  per  month,  a  small  sum  for  an  officer  of- 
the  rank  of  a  Major,  and  wishing  to  sustain  in  society  the  charac- 
ter belonging  to  that  rank.  If  his  pension  was  to  go  back  as  is 
done  in  the  ease  of  officers  of  the  Navy,  there  would  be  a  conside- 
rable sum  due  him  for  arrears  of  pension.  There  were  several 
years  which  intervened  between  the  time  he  left  the  army  when 
his  pay  as  an  officer  ceased,  and  that  of  the  commencement  of  his 
pension.  For  this  period  at  least,  it  appears  to  me,  he  is  jutsly 
entitled  to  receive  bis  pension,  but  this  would  be  inadequate  reliel. 
It  appears  to  me  that  this  is  a  proper  time  to  revise  our  invalid 
pension  laws,  as  there  are  now  manv  who  will  be  claiming  relief 
under  them.  There  are  I  apprehend  defects  in  our  laws  ;  they 
will  probably  require  amendment  to  do  justice  to  the  numerous 
meritorious  officers  and  soldiers  who  have  been  wounded  in  the 
present  war.  It  is  my  opinion,  without  having  particidarly  ex- 
amined this  subject,  that  the  present  laws  do  not  make  a  sufficient 
distinction  between  those  whose  disability  is  such  as  to  wholly  de- 
prive them  of  the  capacity  to  support  themselves,  and  those  whose 
disability  is  partial,  and  not  essentially  disability  for  civil  employ- 
ment. In  the  former  case  the  sacrifice  of  the  wounded  officer  or 
soldier  is  great  ;  it  is  in  a  pecuniary  point  of  view  alone  equal  to 
the  value  of  a  man's  servicers  for  life.  It  is  in  reality  much  more 
than  this,  as  it  is  no  .small  thing  to  be  wounded  and  lose  a  limb  for 
life. 

I  would  not  encourage  a  spirit  for  war,  or  a  desire  for  military 
fame  and  distinction  amcng  the  young  men  of  the  country  ;  but 
those  who  possess  this  spirit  and  who  hazard  their  lives,  their 
limbs,  and  their  health  in  the  service  of  their  country,  I  would 
deal  justly  and  liberally  with.  Without  saying  more  I  commend  this 
case  to  tho  examination  and  careful  consideration  of  the  Commit- 
tee, and  trust  that  they  will  be  able  to  aflbrd  some  i-elief  to  the  pc- 
tioner,  either  by  a  general  law  or  a  special  act  confined  to  tnis 
particular  case,  which  is  certainly  one  of  great  hardship. 


PUBLIC  printing. 

Mr.  ASHLEY  submitted  the  fcdlowing  resolution  for  considera- 
tion : 

Resotrrd.  That  Ilic  t'ommittpp  oil  Priiitiii-;  be  instrnoted  to  inquire  into,  anrf 
report  to  the  Senate,  the  manner  in  «  hull  the  printing  of  the  Senate  has  been  exe- 
eiiteil-  wlietlier  it  lias  been  iloiie  in  cont'orniitj-  witli  the  terms  ol"  the  contracu,  eitlier 
as  tolhenuahty  anil  tize  ol' the  paper  fnrnished.  or  the  manner  in  which  the  |irinlin(; 
has  been  done:'  also,  that  thev  inquire  anil  report  whcthertlie  tlocnmenls  printed  anil 
ilislribnied  by  the  Printers  to'  Congress,  are  torreclly  iirinted  from  the  onginals  sent  to 
their  offices. 

GEN.    SCOTT's    L.\TE    ORDER. 

Mr.  MANGUM  submitted  the  follo'wing  rcsolutr-on  for  consi- 
deration : 

Itrsulvcd.  That  the  President  ol"  the  I'nited  Stales  be  requested  to  inform  the  i5en- 
ate  whether'the  "pneral  orders.  No.  371),  issued  by  Gen.  Scott,  at  head-quarters,  Mex- 
ico lieariii"  date  15th  December  l,Tst,  were  issued  under  instructions  from  the  Score 
tarv  oI'VVar '  and  if  so,  to  lav  said  instructions  before  Ihe  Senate;  and  also  any  opin 
ion'  ot"  Gen.  Scott,  in  rcfrard  to  the  necessary  military  means  to  carry  said  instructions 
inloelTect,  which  may  be  on  lilc. 

S.VULT    STE.    M.^BIE. 

FELCH,  it  was 


sury 


On  motion  by  Mr 

Ordered,  That  the  report  of  the  acting  S 
ry  communicating  a  report  from  the  Conn 


Secretary  of  the  Trea- 
imissioner  of  the  Genc- 
ral'Land  Office,  in  answer  to  a  resolution  of  tho  Senate  of  Dee. 
Tth  1847  respecting  the  military  reservations  and  private  land 
claims  at'sault  Ste.  Marie,  be  referred  to  tho  Committee  on  Pub- 
lic Lands. 

CASE    OF   LESLIE   COMBS. 

Mr  ASHLEY,  from  the  Committee  on  the  Judiciary,  moved 
that  the  Committee  be  discharged  from  the  further  consideration 
of  the  petition  of  Leslie  Combs,  and  that  tho  same  be  referred  to 
the  Committee  on  Foreign  Relations. 

Mr.  SEVIER. — I  can  sec  no  reason  why  there  should  bo  a 
change  of  reference  in  this  case. 


January  19. | 


VACANCIES  IN  COMMITTEES. 


133 


Mr.  BERRIEN. — This  is  a  claim  arising  from  the  result  of  ne- 
cooiiitioii  between  the  United  States  and  Mexico,  wlien  Texas  was 
yet  tin  independent  republic.  It  is  not  a  claim  presented  as  grow- 
mir  up  subsequently  to  the  time  of  her  admission  into  the  Union. 
It  is  a  question,  therefore,  depending  on  the  principles  of  interna- 
lional  law.  After  the  Union  of  Texas  with  this  Republic,  such 
claims  Would  properly  belong  to  the  Committee  on  Claims  ;  but 
the  claim  having  arisen  prior  to  the  Union,  I  submit  that  the 
subject  properly  belongs  to  the  Committee  on  Eoreign  Relations. 

Mr.  MANGUM. — I  hope  the  Coumiittce  will  not  be  discharged; 
if  they  should  be,  the  subject  ought  not  to  go  to  the  Committee  on 
Foreign  Relations;  for  it  is  undoubtedly,  as  it  seems  to  me,  en- 
tirely a  distinct  claim.'  It  is  one  which  necessarily  requires  the 
application  of  accurate  and  precise  legal  knowledge.  And  as 
these  are  very  interesting  questions,  and  as  it  is  probable  that  they 
will  occupy  liiuch  of  the  attention  of  Congress  in  future,  I  hope 
we  shall  have  the  benefit  of  all  the  learning  of  the  distinguished 
Committee  on  the  Judiciary. 

Mr.  BERRIEN. — I  shall  be  perfectly  willinn;  to  acquiesce  in 
the  suggestions  o(  the  Senator  from  South  Carolina,  if  ho  can  indi- 
cate to  me  any  one  principle  of  municipal  law  which  will  be  brought 
into  discussion  in  the  consideration  of  this  claim.  The  question  is 
what  is  the  responsibility  which  the  United  States  incurs  in  conse- 
quence ol  her  associating  with  herself,  and  incorporating  into  the 
Union,  a  foreign  state.  If  that  is  not  a  subject  tor  the  considera- 
tion of  the  Committee  on  Foreign  Relations,  I  know  not  what  is. 

Mr.  WESTCOTT.— I  disagree  entirely  with  the  honorable 
Senator.  I  conceive  that  by  far  the  most  dilRcult  and  delicate 
question  involved  in  this  clahn  is  a  question  of  municipal  law. 

The  question  was  put  on  discharging  the  Committee  on  the  Ju- 
diciary, and  it  was  determined  in  the  negative. 

ADDITION.\L   UNITED    STATES*    COURT    INT   TEXAS. 

Agreeably  to  notice,  Mr.  RUSK  asked,  and  obtained  leave,  to 
bring  in  a  bill  to  establish  an  additional  District  Court  of  the  United 
States  in  the  State  of  Texas;  which  was  read  tlie  first,  and  second 
times,  by  unanimous  consent,  and  referred  to  the  Committee  on 
the  Judiciary. 

UNITED    states'    COURTS    IN    MAINE. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  bdl  changing  the  time  for  holding  the  terms  of 
the  Circuit  Court  of  the  United  States,  in  the  District  of  Maine, 
reported  it  without  amendment. 

judgments  against  the  united  states. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  reported 
a  resolution  in  relation  to  the  rendition  of  judgments  against  the 
United  States  in  certain  cases;  which  was  read,  and  passed  to  the 
second  reading. 

PRIVATE  BILLS,  ETC 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pensions, 
to  whom  was  referred  the  petition  of  John  Searing,  submitted  an 
adverse  report;  which  was  ordered  to  be  printed. 

Mr.  WESTCOTT,  from  the  Committee  on  the  Judiciary,, to 
whom  was  referred  the  memorial  of  Thomas  Douglas,  reported  a 
bill  for  the  relief  of  Thomas  Douglas,  late  United  States  attorney 
for  East  Florida;  which  was  read,  and  passed  to  a  second  reading. 

On  motion  by  Mr.  BRADBURY,  the  vote  by  which  the  Senate 
had  concurred  in  an  adverse  report  submitted  by  the  Committee  of 
Claims,  in"the  case  of  Amos  Holton,  was  reconsidered;  and  the 
question  recurring  upon  concmTing  in  said  report,  it  was 

Ordered,  That  it  be  recommitted  to  the  Committee  of  Claims. 

VACANCIES   IN  COMMITTEES. 

Mr.  BRADBURY  was,  at  his  own  request,  excused  from  fur- 
ther service  as  a  member  of  the  Cornmittee  on  Printing,  and  as  a 
member  of  the  joint  committee  of  the  two  Houses  on  printing. 

Mr.  CAMERON  was,  at  his  own  request,  excused  from  further 
service  as  a  member  of  the  Committee  on  Coraraerco. 

Mr.  YULEE  was.  at  his  own  request,  excused  from  further  ser- 
vice as  a  member  of  the  Committee  on  Private  Land  Claims. 

Mr.  DICKINSON  was,  at  his  own  request,  excused  from  fur- 
ther service  as  a  member  ol'  the  Committee  on  Patents. 

On  motion  by  Mr.  BRADBURY,  the  Vice  President  was 
authorized  to  make  appointments  to  till  the  vacancies  in  the  fore- 
going committees. 

The  PRESIDING  OFFICER  stated  that  he  was  somewhat 
embarrassed  as  to  the  intention  of  the  Senate  in  regard  to  these 
appointments;  whether  the  chairmen  were  to  be  designated  by 
him,  or  merely  appointed  to  complete  the  number. 

Mr.  MANGUM.— I  understand  t&at  the  practice  of  the  Senate 


has  been  that  the  chair  simply  appoint  a  member  of  the  committee. 
I  believe  that,  under  parliamentary  rules,  every  committee  has  a 
right  to  make  its  own  chairman  ;  but  it  has  been  the  invariable 
practice  here  to  accede  to  the  rule,  when  the  appointment  is  given 
to  the  chair,  that  the  first  named  on  the  committee  shall  be  chair- 
man. Still  I  think  it  is  within  the  competency  of  the  eommiltco 
to  displace  that  chairman  at  any  time,  and  appoint  another.  But 
when  a  vacancy  occurs,  the  usage,  I  think,  has  been  simply  to  ap- 
point a  comraiuee  man. 

Mr.  SEVIER. — In  regard  to  the  practice  of  the  Senate,  I  hap- 
pen to  recollect  one  instance  which  occurred  in  relation  to  a  com- 
mittee of  which  I  was  a  member — I  mean  the  Committee  on 
Indi*i  Affairs.  Judge  White  had  been  our  chairman  for  many 
years.  I  happened  to  be  the  second  on  that  committee.  When 
Judge  White  resigned  his  seat  in  the  Senate,  the  then  Presiding 
Officer  of  the  Senate  appointed  Mr.  Tipton  to  be  chairman. 

Mr.  CALHOUN. — I  know  there  have  been  cases  where  the 
chairmen  have  been  appointed  by  the  Presiding  Officer,  but  I  think 
llie  principle  is  that  the  chair  appoints  the  committee  men,  and  it 
belongs  to  the  committee,  where  it  is  not  otherwise  provided  for, 
to  say  who  shall  be  chairman. 

Mr.  YULEE  said  that  the  Naval  Committee  had  recentlv  found 
occasion  to  examine  the  question  presented  by  the  Vice  President. 
The  result  of  the  examination  was  that  the  practice  of  the  Sen- 
ate, as  exhibited  by  an  imiform  and  unbroken  current  of  prece- 
dents, was  to  leave  to  the  committees  the  .selection  of  their  Chair- 
men luidcr  the  circumstances  as  stated  by  the  Vice  President. — 
The  Senate  might,  by  a  distinct  and  direct  action,  designate  a 
Chairman,  andln  several  instances  this  had  been  done;  but  when 
the  Vice  President,  under  the  direction  of  the  Senate,  filled  a  va- 
cancy, the  member  thus  appointed  invariably  took  place,  on  the 
list  of  the  Committee,  after  the  luembers  already  constitutinir  it. 
He  believed  no  precedent  would  be  found  to  the  contrarv.  The 
action  that  followed  the  resignation  of  the  Chairman  of  the  Fi- 
nance Committee,  in  the  last  Congress,  furnished  a  correct  illus- 
tration of  the  established  practice  of  the  Senate. 

Mr.  SEVIER  read  from  the  Senate  Journal  the  case  to  which 
he  had  referred. 

Mr.  Y'ULEE  said  it  would  be  seen  that  the  precedent  referred 
to  by  the  Senator  from  Arkansas,  was  in  strict  accordance  wjth 
the  practice  as  stated  by  him,  (Mr.  Yulee,)  for  it  would  be  seen 
tliat,  in  the  case  his  friend  referred  to,  the  Senate  itself  had  desig- 
nated the  Chairman. 

The  Presiding  Officer  then  put  the  question,  ''shall  the  ap- 
pointments be  limited  to  filling  up  the  number,''  and 

It  was  decided  in  the  aflirmativc. 

the  ten  begi.ment  bill. 

The  Senate  i-esumed  the  consideration  of  the  bill  to  raise,  for  a 
limited  time,  an  additional  military  force. 

Mr.  FOOTE— The  Senator  from  North  Carolina,  (iMr.  Bad- 
ger,) concluded  his  speech  of  yesterday  with  the  mention  of  what 
he  was  please  to  entitled,  ■'  the  flickering  light  of  military  g'ory.'' 
What  does  this  mean  ?  Does  he  so  much  condemn  the  war  ihat 
he  IS  of  opinion  with  some  other  distinguished  gentlemen  of  his 
])arty,  that  no  permanent  honor  can  be  acquired  in  a  war  so  unjust 
and  unconstitutional?  I  knew  before,  that  the  venerable  Senator 
from  Massachusetts,  (Mr.  Webster,)  had  expressed  some 
months  ago  his  opinion,  in  very  plain  lannuage  too,  that  no  real 
glory  could  be  achieved  in  such  a  war.  His  words  on  this  point 
are  worth  quotation,  lor  they  seem  to  me  to  indicate  a  settled  de- 
sign, not  to  say  a  deliberate  conspiracy  in  certain  quarters,  to  pre- 
vent our  military  chieftains  of  this  Mexican  war  from  deriving  any 
eminent  civic  advancement  from  their  umnaortal  exploits.  •  "sir," 
said  the  Senator  from  Massachusetts,. on  the  occasion  refciTed  to, 
"I  need  not  say  that  i  have  as  much  respect  for  distinsuished 
military  achievement  irs  any  man.  I  would  not  see  any'laurels 
that  belong  to  it  withered.  I  honor  those  who  are  called  on,  by 
professional  duty,  to  bear  arms  in  their  country's  cause,  and  do  thei'r 
duty  well.  I  would  obscure  none  of  their  lame.  But  I  will  say 
here,  and  to  them,  that  it  is  the  solemn  adjudication  of  nations, 
and  it  is  the  sentiment  of  tlie  Christian  world,  that  war  urged 
lor  vicious  purposes,  or  from  vicious  motives,  tarnishes  the  lustre  of 
arms  ;  and  darkens,  if  it  does  not  blot,  what  otherwise  might  bo  a 
glorious  yage  in  the  history  of  the  nation  that  makes  it.'''  Well, 
sir.  the  Senator  from  North  Carolina,  and  others,  co-operating  with 
him  in  this  discussion,  claim  to  have  proved  that  this  war  w\ts  en- 
tered upon  by  the  President,  not  in  defence,  nor  to  avenge  national 
injuries  and  insidts,  but  in  order  to  secure  a  plausible  pretext  for 
forcibly  seizing  upon,  and  permanently  retaining,  the  Calilbrnias 
and  New  Mexico  ;  he  denounces  the  act  as  a  great  crime,  and 
quotes  poetry  depictive  of  his  contempt  and  indignalion  against 
such  vile  conduct ;  so  that  between  the  two  distinl^uished  g«ntle- 
raen,  the  case  is  easily  made  out.  Neither  Gen.  Taylor  no^  Gen. 
Scott  could  have  gained  any  laurels  woj-thy  to  adorn  "the  brow  of  a 
patriot,  since  the  war  is  judged  to  be  both  waged  for  "vicious 
purposes,"  and  from  "  vicious  motives,"  and  thus  Is  "the  lustre  of 
arms"  striously  "tarnished."     This,  too,  is  not  mentioned   to  be 


134;. 


THE  TEN  REGIMENT  BILL. 


[Wednesday, 


ihe  opinion  of  a  single  individual  however  distinguished,  nor  even 
o(  many,  but  ■"the  adjudication  of  nations,"  and  "thesenlimcnt  of 
the  christian  world.''  No  wonder  that  the  Senator  from  Xorth 
Carolina  talks  about  the  fliekering  light  of  military  glory.  This 
word  nickering  is  quite  expressive:  it  is  usually  applied  to  the  blaze 
of  a  candle  or  lamp  just  in  the  act  of  becoming  e.Minct.  And,  sir, 
is  it  possible  that  all  the  glory  which  certain  gentlemen  lately  saw 
in  the  achievements  of  our  brave  officers  and  men  who  have  fought 
in  Mexico,  is  about  becominc;  eclipsed?  Slial!  we  .say  of  the  lustre 
of  Buena  Vista:  "Sic  transit  gloria  mundi"  >  Has  the  old  dread 
of  military  chieftains  suddenly  come  upon  distinguished  gentlemen. 
Is  Cieero's  famous  maxim—"  Jlrma  cedunt  toga:,"  about  to  be  re- 
alized? Has  some  masnetic  process  been  going  on,  m  oruer  to 
win  distiniruished gentlemen  back  to  their  old  faith  and  prevent  them 
from  running  after  new  idols?  I  have  understood  that  the  cele- 
brated lecturer  on  Electro-Magnetism  is  m  the  city,  and,  it  ap- 
plied to.  miL'ht  perchance  sugarcst  the  means  of  sueoeeding  m  this 
magnetizins  scheme.  Well.  I  am  really  afraid  that  if  the  hiaze  of 
miUtary  glory  is  flickering,  it  may  be  expected  to  go  out  shortly. 

Mr  BADGER.— If  the  Senator  will  allow  me  to  interrupt  him, 
I  will  sav  that  Ihe  expression  which  I  used  was  used  madvertently. 
The  teriii  I  intended  to  use  was  very  dilTerent.  I  meant  the  daz- 
zling U<rht  of  militarv  clory.  I  was  not  aware,  until  the  Senator 
informed  me,  that  I  had  used  the  word  dickering. 

Mr  FOOTE— Well,  sir.  dazzling  is  the  word  then.  I  am  not  .sure 
that  this  helps  the  case  much.  If  the  glory  of  arms  is  dazzling  why 
then  we  infer  that  there  is  nothing  substantial  m  it,  but  it  is  altoge- 
ther'delusive.  Sir,  it  is  not  mv  business  to  advocate  the  clamis  of  mi- 
litarv men  to  hi-'h  civil  stations  on  account  of  their  military  dis- 
tinct'ion  alone.  Nor  shall  I  seriously  interfere  in  this  matter  at  all; 
but  whether  General  Taylor's  glory,  as  one  of  the  oflicers  in  this 
war  be,  or  be  not,  either 'flickering  or  dazzling,  fading  into  extinc- 
tion (ir  merely  delusory,  I  feel  bound  to  say  a  few  words  in  vindica- 
tion of  this  comnian'der,  aaainst  the  peculiar  advocacy  which 
the  Senator  from  North  Carolina  lias  thought  proper,  oh  the  present 
occasion,  to  originate  in  his  behalf.  He  nsserts  that  the  move- 
ment of  General  Tavlor  to  the  Rio  Grande,  brought  on  the  war; 
and  he  further  says, 'that  General  Taylor  is  not  at  all  responsible 
for  the  movement.  Indeed  !  General  Taylor  not  responsible  ?— 
Why,  it  is  one  of  his  chief  glories  in  the  war,  that  he  is  responsi- 
ble. The  movement  was  necessary;  he  perceived  the  necessity  of 
approaching  the  Rio  Grande;  did  advance  to  it — and  lo  '.  the  colli- 
sion of  arms.  The  whole  correspondence  of  General  Taylor  with 
the  government  is  of  the  same  import,  and  is  all  alike  calculated 
to  fix  upon  him  the  chief  responsibility  of  the  movement,  and  se- 
cure to  him  the  glory  of  having  acted  with  singular  acuteness, 
energy,  and  good  sense  at  this  delicate  crisis. 

[Here  the  Senator  read  frxjm  various  documents  in  mainte- 
nance of  what  he  had  asserted,  and  then  proceeded  as  follows:] 

Sir,  no  man  can  examine  this  correspondence  between  General 
Taylor  and  the  Secretary  of  War,  without  being  perfectly  satisfi- 
ed of  these  facts  : — 1.  The  administration  entirely  confided  in  his 
judgment  and  energy,  and  designed  from  the  first,  to  endow  him 
with  an  ample  discretion  as  to  his  movements  on  the  south-west- 
ern frontier.  2.  That  every  movement  in  the  direction  of  the  Rio 
Grande  was  taken,  either  upon  his  own  judgment,  in  the  absence 
of  special  instructions  from  Washington,  or  .in  obedience  to  in- 
structions founded  upon  his  own  prerious  advice ;  and  3d .  That  there 
was  not  one  of  these  movements,  from  first  to  last,  from  the  loca- 
tion of  his  troops  on  the  west  bank  of  the  Nueces  up  to  the  earliest 
battle  with  the  enemy,  which  he  did  not  execute  with  great  ala- 
crity, and  as  there  is  good  reason  to  believe,  with  a  full  conviction 
that  what  he  was  doing  was  necessary  to  the  honor  of  his 
country,  and  to  his  own  personal  fame.  And  now,  when  the 
glorious  battles  of  Palo  AUo,  Rcsaca  de  la  Palma,  Monterey, 
and  Buena  Vista  have  been  fought,  when  General  Taylor's 
fame  and  popularity  are  placed  beyond  question,  by  bis  conduct 
upon  those  immortal  fields  of  bloody  and  perilous  strife,  I  must 
regard  it  as  one  of  the  most  illiberal,  unfair,  and  (but  for  the  res- 
pect which  I  bear  certain  gentlemen  here,  I  would  say,)  unmanly 
and  contemptible  efforts  I  ever  heard  of  in  my  life,  to  shuffle  him, 
by  sly  device  and  quibbling  .sophi.siry,  out  of  all  the  responsibility 
of"  those  acts,  without  which,  he  would  never  have  been,  as  be  is, 
his  country's  pride,  and  the  world's  admiration.  Sir,  so  decided 
are  my  opinions  on  this  subject,  that  as  much  as  I  admire  Gen. 
Taylor,  (and  I  do  so  as  highly  as  any  one  in  the  republic,  out  of 
the  pale  of  those  who  are  struggling  to  make  political  capital  out 
of  his  popularity,)  so  help  me  Heaven,  if  I  thought,  as  I  am  far 
from  doing,  that  he  would  give  his  sanction,  for  an  instant  of 
time,  to  such  miserable  special  iilciiding  as  we  have  heard  here 
from  his  professed  friends,  I  should  feel  compelled  to  cive  up 
entirely  jny  present  profound  respect  for  his  character  as  a  man 
of  justice  and  magnanimity.  I  will  not  believe,  sir,  that  were 
General  Taylor  now  in  our  midst,  ho  would  fail  to  set  gentlemen 
right  on  this  subject,  and  I  confidently  believe  that  he  would  tell 
them,  that  he  would  scorn  all  iiopularlty  or  character  which  was 
to  be  obtained  by  a  resort  to  technical  subtcrfiisies,  that  would 
not  be  very  respectable  even  in  a  justices  court,  in  a  case  where 
the  whole  matter  in  controversy  only  amounted  to  some  15  shil- 
lings or  less,  I  am  almost  tempted  to  exclaim  in  the  lan'niawe  of 
Fallstair,  "     ^ 

"Call  you  this  backing  your  friends?" 


Sir,  it  seems  to  me  that,  in  the  progress  of  the  debats 
which  has  been  going  on  for  some  days  past  in  this  body,  not 
a  small  number  of  the  topics  which  have  been  introduced  and  more 
or  less  strenuously  urged  upon  our  attention,  have  either  no  legiti. 
mate  connection  with  the  grave  and  momentous  question  before  us, 
or  have  been  heretofore,  so  repeatedly  discussed  in  legislative  halls, 
and  in  popular  assemblies,  that  but  little,  either  of  profit  or  enter- 
tainment, could  bo  reasonably  anticipated  from  a  renewed  exami- 
tion  of  them  at  the  present  time.  I  may  be  in  error,  sir,  but  if  I 
do  not  egregiously  mistake  the  indications  of  public  sentiment 
which  are  reaching  us  every  hour,  there  has  never  been  more  pna- 
niniity  exhibited  in  this  country,  than  is  now  displaying  itself  in 
regard  to  the  origin,  proffiess,  and  future  prosecution  of  the  pend- 
ing war  with  Mexico,  Sir.  the  patriotic  citizens  of  this  Republic, 
almost  everywhere,  heartily  approve  the  whole  course  of  the  ad- 
ministration thus  far  in  the  management  of  this  war,  and  are  re- 
solved, that  it  shall  not  languish  for  want  of  the  necessary  sup- 
plies, both  of  men  and  money,  to  ensure  its  vigorous  prosecution. 
Thank  Heaven,  we  have  not  yet  reached,  and  God  forbid  we  should 
ever  reach,  that  sad  period  in  our  history  as  a  free  people,  when  a 
factious  combination,  any  where,  will  be  able  to  plunge  the  natal 
land  of  Washington  and  Jackson,  of  Jefferson  and  Franklin,  into 
that  deep  and  irretrievable  disgrace  which  I  fear  that  a  few  degene- 
rate sons  of  heroic  sires  in  different  parts  of  the  republic,  have 
been  for  some  months  past  laboring  most  assiduously  to  provide 
for  us.  Not  yet,  nor  ever  I  trust,  are  we  to  realize  those  scenes 
so  memorable  in  Athenian  annals,  when  Demosthenes,  whose  fer- 
vid and  fearless  eloquence  shook  even  the  Macedonian  Despot  upon 
his  throne,  felt  constrained  by  a  high  sense  of  patriotic  duty  to 
launch  the  arrows  of  his  blasting  invective  against  certain  factious 
orators  of  his  day,  who,  swayed  by  party  feeling  or  the  mad  am- 
bition to  rule,  or  some  motive  still  more  inglorious,  sought  to  get 
up  a  party  in  Athens  opposed  to  timely  measures  of  del'ence 
against  the  dangerous- encroachments  of  Philip.  Far  from  us  and 
from  our  posterity,  be  that  moment  of  disgrace  and  desperation, 
when  an  American  Senator  shall  find  it  necessary  to  the  freedom 
and  honor  of  his  country,  to  denounce  any  portion  of  his  country- 
men in  such  language  as  burst  in  lightning  and  in  thunder  from 
the  lips  of  the  noblest  champion  of  Grecian  liberty,  when  he  ex- 
claimed: "But  not  only  is  our  full  conviction  of  these  facts  neces- 
sary to  oar  safety;not  only  is  it  necessary  that  we  should  resolve 
to  take  vengeance  on  Philip  hy  all  the  operations  of  war;  but  it  is 
equally  neces.sary  that  we  should  prosecute  with  the  most  deter- 
mined hatred,  those  who  make  harangues  in  his  favor.  Let  us  be 
strongly  convinced,  how  impossible  it  is  to  vanquish  the  foreign  en- 
emies of  the  republic,  until  we  punish  her  domestic  foes — these 
ministers  of  Philip,  But  I  appeal  to  Jupiter,  and  all  our  other 
Gods,  you  have  neither  power  for  such  an  attempt,  nor  inclination. 
For  to  such  excess  are  you  arrived,  either  of  infatuation  or  frenzy, 
(I  am  unable  to  express  myself)  that  I  am  frequently  alarmed, 
lest  some  Demon  precipitately  hurry  the  republic  to  destruction; 
when,  either  for  the  sake  of  some  personal  invective,  or  invidious 
remark — some  malignant  ridicule  or  trivial  pleasantry,  you  com- 
mand those  mercenaries  of  Philip  to  speak  in  your  assemblies,  and 
laugh  when  they  are  seurrilously  abusive.  Nor  is  tliis  the  seve- 
resr mischief,  however  severe;  for  you  have  at  least  in  part,  given 
up  the  republic  to  their  administration,  and  rendered  it  less  dange- 
rous for  them  to  offer  you  the  most  pernicious  measures,  than  for 
others  to  propose  that  counsel  which  concerns  your  interests  and 
honor  alone." 

No  one.  Mr.  President,  who  listened  to  the  able  argument 
of  the  Senator  from  Maryland,  a  few  days  since,  could  have 
avoided  beinc  forcibly  strtick  with  the  peculiar  cogency  of  that 
part  of  it  which  was  tlevoted  to  est.ablishing  the  important  position 
that  the  pendintr  war  with  Mexico  is  both  just  and  honorable. — 
Perhaps  I  should  have  been  still  inore  impressed  with  the  views  of 
the  Senator  from  Maryland,  had  I  not  been  led,  from  his  high  rep- 
utation as  a  jurist  and  statesman,  to  anticip.ate  such  an  eflbrt  as 
wou  d  comport  with  the  peculiar  dignity  of  his  own  chivalrous 
State,  and  be  not  unworthy  of  the  successor  in  this  body  of  the  first 
o''  American  orators,  the  illustrious  Pinck'ney.  I  fear,  thouah, 
that  the  logical  artillery  of  the  honorable  Senator  was  hardly  felt 
to  play  with  any  decided  efiect  upon  the  convictions  of  those  most 
proximate  to  him  in  this  chamber  ;  among  whom,  if  he  should, 
perchance,  have  efieetcii  a  conversion  or  two,  I  sh;ill  regard  it  as 
matter  of  special  gratulation.  But,  whatever  fortune  the  Senator 
may  have  had  in  this  respect,  such  an  argument  as  he  has  presented 
here  will  certainly  not  fail  to  receive  a  just  appreciation  at  the 
hands  of  his  countrymen,  and  the  day  can  never  by  possibility  ar- 
rive when  he  will  regret  the  expression  of  views  at  once  so  wise 
and  so  noble.  Long  will  "the  .star-spangled  banner"  of  our  fathers 
wave  in  triumph  "over  the  land  of  the  free  and  the  home  of  the 
brave,"  whilst  sentiments  of  lofty  patriotism  in  our  national  coun- 
cils shall  attend  upon  the  valorous  achievements  of  our  heroic 
armies  upon  the  fields  of  a  just  and  defensive  war. 

The  speech  of  the  Senator  from  Jlaryland,  so  far  as  it  was  in 
vindication  of  the  justice  and  honor  of  the  war,  could  scarcely  have 
flailed  of  its  intended  effect  in  any  ipiarter,  as  it  would  seem  to  me, 
except  where  compelled  to  encounter  that  great  enemy  to  truth, 
against  which  the  venerable  Senator  from  South  Carolina,  the  other 
day,  sosolemnlv  warned  us,  and    which  he  was  pleased  to  denom- 


pridc   of    o|iinion.' 


When    this  pride   of   opinion    was 


thus,  with  something  of  dramatic  emphasis  exorcised  by  the  dis- 
tinguished Senator  from  the  noble  Palmetto  Stale,  I  confess  that  I 
sciirccly  knew  precisely  what  quality  of  the  mental  man  might  bo 
probably  alluded  to.     But  I  have  since  ascertained,  from  some  who 


January  19. j 


THE  TEN  REGIMENT  BILL. 


135 


I 


profess  to  be  particulai-ly  wise  in  such  matters,  that  this  same 
ride  of  opinion  is  a  morbid  condition  of  the  human  intellect, 
roiisht  on,  most  commonij',  at  least  in  understandings  of  a  cer- 
tain elevation  and  expansive  force,  by  multiplied  successes  achieved 
over  vigorous  opponents,  in  the  arena  of  lo<jioaldiixladiation:  That 
it  is  a  si«<us  of  moral  being  very  much  disrelished  by  those  who 
are  os'cr  eager  to  make  proselytes,  cither  in  religion  or  politics, 
and  of  which  those  are  apt  to  complain  most  dolorously  when  they 
suspect  its  existence  in  others,  who,  in  the  impartial  judgment  of 
mankind  in  general,  are  most  subject  to  the  access  of  the  malady 
themselves.  Now,  as  pride  of  opinion  is  commonly  understood  to 
be  precisely  "antogoni^tical"  to  what  is  known  among  practical 
poliiii.ians  under  the  dread  name  of  inconsistency,  (which  latter 
quality  is  quite  celebrated  as  a  grievous  impediment  to  high  eivic 
advancement,)  I  am  not  entirely  able  to  perceive  why  it  might  not 
be  permitted  to  escape  severe  criticism  on  this  side  of  the  Atlantic, 
where  most  of  our  leading  statesmen,  unmindful  of  illustrious  ex- 
amples elsewhere,  of  the  formal  and  public  disavowal  of  opinions 
onoe  ascertained  to  be  clearly  erroneous,  are  every  now  and  then 
heard  to  insist,  with  an  earnestness  which  is  the  customary  atten- 
dant of  perfect  sincerity  of  heart,  that  though  it  may  be  quite 
possible  for  the  wondrous  magnet  to  lose  more  or  less  of  its  charac- 
teristic polarity,  and  for  Phebus,  himself,  someof  theje  cold  and  clou- 
dy days,  in  a  moment  of  sudden  caprice,  perchance,  to  permit  the 
regular  succession  of  the  seasons  to  become  fatally  disturbed ,  yet  that 
the  operative  powers  of  their  minds  are  not  at  all  subject  to  the  great 
t>  V  of  change,  which  is  impressed  upon  the  whole  universe  be- 
sides, and  that  they  have  the  happiness  still,  in  the  noon  or  evening 
of  life,  as  the  case  may  be,  to  entertain  the  self-same  opinions, 
upon  all  the  public  questions  which  have  divided  parties  in  this 
their  day  and  generation,  which  they  adapted  upon  their  first  en- 
trance into  the  tangled  and  thorny  pathways  of  modern  states- 
manship. 

Mr.  President :  The  learned  and  able  Senator  from  Maryland 
has  made  it  wholly  unnecessary  that  the  administration  now  in 
power  should  be  hereafter  defended  against  a  number  of  charges 
growing  out  of  this  Mexican  war.  Did  I  not  know,  that  the 
course  of  that  Senator  had  not  been  at  all  actuated  bv  a  desire  to 
conciliate  the  political  party  with  which  it  is  ray  honor  to  hold  con- 
nexion, I  should  thank  him,  in  the  name  of  those  associated  with  me, 
for  the  seasonable  and  ellectual  relief  which  he  has  thus  afforded 
us,  and  which  his  conscience  and  patriotism  have  forced  him  to  afford 
us,  from  the  insidious  and  persevering  hostility  of  an  unscrupulou^ 
press,  sustained  and  encouraged  as  it  is,  by  a  furious  band  of  un- 
blushing demagogues,  who  occupy  themselves  night  and  day  in 
traduc  ng  the  government  of  their  own  country,  and  in  bewailing 
the  wrongs  and  sufferings  of  those  whom  they  denominate,  "our 
republican  brethren  in  Mexico."  Had  a  friend  of  the  ruling  ad- 
ministration, however  elevated  in  point  of  character,  and  energetic 
in  the  field  of  debate,  given  utterance  to  many  of  the  striking  and 
important  truths,  so  startingly  announced  by  the  Senator  from 
Marjland,  there  is  reason  to  believe  that  the  work  of  conviction 
would  have  been  scarcely  consummated  in  the  minds  of  many  de- 
luded citizens,  who  will  now  see  that  to  doubt  the  justice  and 
honor  of  this  war,  and  all  the  minor  points  involved  in  this  sweep- 
ing proposition,  is  to  stultify  their  own  understandings,  and  to 
close  their  hearts  to  all  the  ennobling  sentiments  which  swell  and 
animate  the  bosom  of  the  patiiot.  Who  will  ever  be  unblushing 
enough  hereafter,  to  deny  the  honor  and  justice  of  this  war  ?  Who 
will  hereafter  deny  that  the  Rio  Grande  was  the  boundary  line  of 
Texas,  before  aimexation,  and  of  our  country  since?  Who  will 
dare  to  call  in  question  the  authority  or  policy  of  marching  our 
army  to  thelelt  bank  of  this  now  famous  river?  Who  will  "doubt 
the  previous  determination  of  the  Mexican  government,  as  pro- 
raulged  in  grave  public  documents,  to  carry  on  a  cruel,  and  devas- 
tating war  upon  all  our  peaceful  citizens  who  might  at  the  period 
of  intended  invasion  be  iound  west  of  the  Sabine  ?  Who  will  not 
now  perceive  that  a  large  military  force  had  been  already  concen- 
trated in  the  neighborhood  of  Matamoras,  which  was  almost 
ready  to  light  up  tue  flames  of  war  along  our  whole  frontier,  be- 
fore the  movement  of  our  heroic  army  from  the  west  bank  of  the 
Nueces  ?  Thus  might  I  have  indulged  in  the  language  of  interroga- 
tion a  few  days  ago.  Alas  !  We  can  do  so  rio  longer.  Sevel-al 
gentlemen  standing  high  with  their  party,  and  of  deservedly  re- 
spectable rank  in  a  learned  profession,  have  lately  attempted  to 
put  the  country  afloat  again  upon  the  ocean  of  disputation.  But, 
I  trust  they  will  forgive  me  for  saying,  what  I  think  all  save 
themselves  must  have  most  sensibly  felt,  that  I  could  not  perceive 
anything  which  fell  from  either  of  them  at  all  calculated  to  weaken 
the  force  of  the  argument  of  the  Senator  from  Maryland,  as  to 
any  of  the  points  discussed  by  him.  These,  I  proclaim,  so  far  as 
partisan  opposition  is  concerned,  are  settled  points;  in  the  lan- 
guage of  the  law-books,  res  adjudicatu.  The  arena  of  controversv 
as  to  all  these  questions  heretofore  so  fiercely  disputed,  should  be 
regarded  as  being  now  forever  closed;  and  according  to  the  Sena- 
tor from  Maryland,  the  President  is  only  to  blame  "lor  not  having 
caused  a  larger  force  to  march  under  command  of  General  Taylor, 
than  that  distinguished  officer  saw  assembled  around  him  upon  the 
battle-fields  of  Palo  Alto,  and  Resaca  de  la  Palma.  So  that  the  Pres- 
ident was  not  censurable  for  ordering  the  march  to  the  Rio  Grande, 
but  for  not  discovering  the  intention  of  the  enemy  still  earlier  than  he 
did,  and  for  failing  to  assemble  a  sufficient  body  of  men  under  the 
standard  of  our  country  to  have  at  on;e  demoralized  the  foe,  and 
have  caused  him  to  abandon  his  hostile  design  lorever.  I  am  per- 
suaded, that  if  the  Senator  had  loc  ked  into  this  matter  some- 
what more  carefully,  he  would  have  ascertained  that  there  was  as 


little  ground  for  condemninn;  the  Executive  on  this  score,  as  for 
ordering  the  march  to  the  Rio  Grande;  as  it  is  at  least  certain  be- 
yond contradiction,  that  General  Taylor  had  full  authority  to  pro- 
cure the  increase  of  his  army  to  any  extent  which  he  might  judge 
necessary,  and  that  though  he  had  but  a  small  force,  iii  point  of 
numbers,  to  contend  with  the  large  army  at  the  moment  known  to 
be  concentrating  upon  the  Rio  Grande,  yet  his  army  was  just  as 
large  as  he  desired  it  to  be,  or  supposed  to  be  at  all  necessary; 
and  that  he  had  been  seasonably  given  the  power  to  increase 
his  force  according  to  his  discretion.  How  the  admissions 
of  the  Senator  from  Maryland  as  to  the  justice  and  honor  of  the  war, 
can  be  made  to  harmonize  with  a  position  afterwards  taken,  that 
though  Mexico  was  entirely  to  blame,  yet  that  the  President 
is  to  blame  also,  and  that  it  was  the  duty  of  the  President,  though 
commander-in-chief  of  our  army,  and  bound  by  his  oath  of  office 
as  such,  first  to  consult  Congress  before  he  sent  a  single  order  to 
our  commander  at  Corpus  Christi,  directing  him  in  accordance  with 
his  own  views  of  the  propriety,  as  antecedently  expressed  to  the 
government,  to  place  the  troops  under  his  command  in  an  attitude 
which  might  enadle  them  to  defend  the  soil  of  our  country  from 
threatened  invasion,  I  shall  leave  to  the  Senator  himself  and  the 
country  to  determine.  I  shall  not  debate  this  point;  a  discussion 
of  it,  as  it  strikes  me,  would  be  wholly  profitless;  and  I  was  too 
highly  gratified  with  nearly  all  that  fell  from  that  distinguished 
gentleman,  to  seek  controversy  with  him  upon  subordinate  ques- 
tions. I  would  rather  believe  that  any  apparent  inconsistency  in 
the  views  of  the  Senator  from  Maryland,  arose  from  haste  and  in- 
advertence; from  a  natural  unwillingness  to  part  company  altogether 
with  those  who  have  been  heretofore  his  political  assoeiaK's;  or 
from  a  disposition  sometimes  evinced  by  legal  gentlemen  to  show 
to  those  around  with  how  much  skill  and  adroitness  they  are  able 
"  to  confute,  change  hands,  and  still  conlute.''  Instead  of  censur- 
ing the  Senator  from  Maryland  for  what  may  have  appeared  to 
savor  somewhat  of  illiberality  and  unfairness,  I  would  prefer  say- 
ing, that  whilst  the  distinguished  Senator  was  speaking  I  observed 
the  tempestuous  excitement  which  he  was  awakening,  around  him; 
and  discerning  in  countenances  wont  to  be  serenc7  the  signs  of 
rising  wrath,  I  could  not  help  recurring  to  that  scene  of  elemental 
conflict,  so  vividly  portrayed  by  a  poet  of  our  times,  when  he  ex- 
claims : 

"Tile  sky  is  changetl!  and  such  a  change!  oh  night! 

And  storm,  anil  darkness,  ye  are  wondrous  strong,  yet  lovely  in  your  strength, 

.■Vs  is  tile  liglit  of  adark  eye  in  woman!     Far  along. 

From  peak  to  peak  the  rattling  nags  among 

I.eajis  the  live  thunder!     Not  liom  one  lone  eioud. 

But  every  mountain  now  hath  louiid  a  tongue. 

And  Jura  answers  from  his  misty  slirouii. 

Back  to  the  joyous  Alps,  who  call  to  him  aloud." 

And  pursuing  the  description  a  little  farther,  I  would  beg  leave 
to  say  of  the  Senator  from  Maryland  : 

"  Xow  where  the  quick  Rhone  thus  hath  cleft  his  vay. 

The  mightiest  of  the  storms  hath  ta'en  his  stand  : 

For  here,  not  one.  hut  many,  make  tlieir  play, 

And  fling  llieir  thunderbolt  from  hand  to  hand. 

Flashing  and  <'ast  around:  of  all  the  hand. 

The  brightea  through  these  parted  hills,  hath  forked 

His  lightnings — us  if  he  did  understand. 

That  m  sucii  gaps  as  desolation  ^v■o^ked. 

There  the  hot  shaft  should  blast  whatever  therein  lurked." 

Sir  :  The  President  has  been  much  complained  of  in  this  discus- 
sion, for  having  suggested  in  his  second  annual  message,  that 
''  aid  and  comfort"  had  been  imparted  to  Mexico  in  this  war,  by  a 
few  persons  in  this  country  who  are  exerting  a  zealous  opposition 
to  the  further  prosecution  of  host  ilities.  I  deem  this  complaint 
wholly  unfounded,  and  will  endeavor  to  demonstrate  it  to  be  so. 

Sir  :  In  this  age  of  cultivated  reason,  which  may  be  emphati- 
cally called  the  age  of  moral  influences,  when  the  mind  ol  man  is 
everv  day  achieving  new'  victories,  more  brilliant  and  decisive  than 
the  old,  over  the  serious  impediments  of  various  kinds  which  have 
heretofore  obstructed  its  progress  along  the  pathway's  of  know- 
ledge; when  the  matured  thoughts  of  gifted  and  powerful- minds, 
upon  subjects  both  practical  and  speculative,  by  means  of  innu- 
merable printed  volumes,  the  newspaper  press,  periodicals,  litera- 
rv  and  si?ientific,  convenient  mail  arrangements,  steamboats  and 
other  vessels  of  great  celerity  of  motion  upon  the  water,  railways 
and  the  electric  telegraph  upon  the  land,  arc  communicated  al- 
most with  the  rapidity  of  lightning,  from  the  closets  of  the  learned 
to  the  toiling  millions  of  all  civilized  countries  under  the  sun;  when 
arguments,  and  statements  of  fact,  and  the  beautiful  embellishments 
of  poetic  fancy,  and  the  dazzling  and  overwhelming  influence  of  in- 
flammatory eloquence , are  constantly  finding  their  way  to  t  he  palaces 
of  the  great  and  the  cottages  of  the  humble,  penetrating  towns,  and 
villages,  and  country-places,  and  reaching  even  the  most  retired 
nooks  and  corners  of  social  existence — tlreadful,  oh  dreadful  is  the  re- 
sponsibdity  both  to  God  and  man,  of  him  who  perverts  truth  or  piop- 
agates  falsehood,  or  sophisticates  for  the  delusion  of  the  masses,  or 
shows  a  reckless  disregard  of  the  consequences  likely  to  be  pro- 
duced in  the  minds  and  conduct  of  others,  by  what  he  either  utters 
as  a  public  speaker,  or  throws  upon  paper  ibr  more  extensive  dis- 
semination. There  are  distinguished  staiesmen  in  this  country, 
whose  speeches  and  letters  arc  read  with  attention,  and  are 
known  to  wield  an  influence  not  inconsiderable  among  all  nations 
where  the  art  of  printinii  has  been  introduced,  and  with  which  we 
have  heretofore  established  relations  of  commercial  intercourse. 
Some  of  these  personages  have  been  at  one  time  members  of  this 
body:  some  are,  perchance,  bustling  and  noisy  politicians  still,  who 
delight  in  frequenting  the  thoroughfares  of  social  life,  and  in  keep- 


13G 


THE  TEN  REGIMENT  BILL. 


[Wednesday, 


ing  their  political  frien  Js  in  remembrance  of  their  own  peculiar  me- 
rits. But  there  is  still  another  class  of  American  gieat  men  \>-liose 
opinions  are  interesting  to  the  world:  I  allude  now  to  the  Nestors  or 
Methusalems  of  party;  a  few  of  whom  have  retreated  long  since  to 
the  calmer  walks  of  private  life,  but  who  still,  through  some  dim 
loop-hole  of  "philosophic  reliracy,"  oecu])y  themselves  alternately 
in  watching  the  ominous  and  exciting  fluctuations  of  the  stock-mar- 
ket, or  in  spying  out  the  "  signs  "  in  the  political  or  financial  sky; 
and  who  areheard  ever  and  anon,  to  whisper  to  themselves,  and  a 
few  infatuated  and  interested  votaries  around  them,  with  something 
perchance  of  doting  dignity  and  dclphic  solemnity  of  manner  com- 
mingled; "Felix  qui  potilit  reruin.  cognoscere  causas."  There 
are  others,  perhaps  wiser  still,  who  have  chosen  to  bury  them- 
selves in  rural  solitude,  absorbed  it  mav  be,  ni  the  comlortable  and 
more  primeval  business  of  tending  herds,  and  "  mendm<j  lences, 
raising  for  market  far  other  "stock,"  than  that  winch  is  known  la- 
railiarlv  on  'change;  who  talk  eloquently  of  bullocks  or  vugin 
heifers',"  on  holiday  occasions  ;  and  who,  every  now  and  then,  are 
seen  emerging  from  their  dcarlv  i>ri/.cd  places  ot  repose,  in  order 
once  more,  if  they  can,  to  seize  the  direction  of  the  understandings 
and  sensibilities  "of  their  countrymen.  Some  ol  these  personages, 
unmindful  of  the  example  of  the  distinguished  Senator  from  Mas- 
sachusetts; who,  when  the  Oregon  question  was  under  discussion 
in  this  body,  lb r  some  days,  and  perhaps  weeks,  relused  positively  to 
enter  into  'the  debate  then  in  progress,  and  finally  declared  m  most 
emphatic  terms,  the  obligation  which  he  felt  to  be  resting  on  his  con- 
science, whilst  the  title  of  his  country  to  territorial  domain  was 
under^Toin"  diplomatic  discussion,  not  to  breathe  a  single  .syllable 
calling  that  title  in  question  ;  have  not  hesitated,  in  this  war  with 
Mexico  wlien  questions  much  more  important  than  claims  to  dis- 
puted territory^  were  pending  between  the  two  countries  ;  when 
millions  of  money,  and  the  most  precious  blood  of  the  nation  were 
all  placed  at  hazard  upon  the  issue  of  arms;  when  national  honor 
and  individual  fame  were  both  in  a  condition  to  be  dangerously 
afl'ected  by  imprudent  and  mischievous  speaking  and  acting,  to 
arrange,  in  the  most  ostentatious  manner,  for  the  fulmination 
of  fierce  and  fervid  harangues,  denunciatory  of  their  own  country 
and  commendatory  of  the  enemy:  at  a  moment  and  under  such  cir- 
cumstances too,  as  must  have  made  known  to  themselves  in  advance, 
the  material  fact,  that  almost  as  soon  as  their  speeches  should  be 
delivered,  they  would  bo  read  in  the  United  States,  and  thus  serve 
to  dispirit  their  own  countrymen  and  indispose  them  more  or  less 
for  the  hard  service  of  the  tented  field  ;  would  circulate  in  Mexico, 
and  encourase  the  enemy  to  renewed  hostilities  ;  would  be  repub- 
lished across  the  Atlantic  and  come  back  with  a  rebound  from  fo- 
reign shores,  to  multiply  the  original  effect,  both  here  and  in  Mex- 
ico. These  gentlemen  could  not  well  avoid  knowing  all  these 
things  ;  and  yet  have  they  been  wholly  unmindful  of  them.  Indeed 
a  few  are  reported  to  have  grown  more  furious  under  the  just  cen- 
sures with  which  they  have  been  visited.  Will  any  man  say  now, 
thatthese  persons  were  not  warring  against  their  own  country? 
That  they  have  not,  morally  speaking,  joined  the  enemy?  Well 
do  we  know  the  opinion  and  feelings  of  our  own  noble  officers  and 
soldiers  on  this  melancholy  subject.  The  speech  of  the  heroic 
Doniphan,  at  St.  Louis  last  summer;  the  recent  statements  of  Wyn- 
coop  and  Morgan,  which  wc  have  all  read  in  the  newspapers, 
have  adraiiiisiered  most  damning  proof  against  these  mischievous 
and  meddlesome  haranguers,  and  will  eventually  consign  them  one 
and  all,  if  they  shall  not  speedily  exhibit  satisfactory  signs  of  a  ge- 
nuine repentance,  to  an  infamy  as  undying  as  their  ofTences,  whilst 
unatoned  for,  are  unpardonable,  either  upon  earth,  or  in  Heaven, 
Hear  what  the  heroic  Col,  JBurnet  said  the  other  day  in  Phila- 
delphia, at  a  dinner  given  in  honor  of  him  : 

'*  He  (Col.  Burnet)  could  not  refrain  from  tlianking  the  company  assembled  for  the 
compliment  done  fiis  regiment  and  liimself — tliat  it  did  not  exactly  become  liim  ro 
s[)eak  of  the  policy  of  the  war,  but  lie  would  give  some  general  views  in  regard  to  the 
feeling  iu  Mexico,  and  that  in  oriler  to  prosecute  the  war  with  etTect,  we  should  be  uni- 
ted as  a  people.  {Three  cheers.)  Col.  Burnet  said  Santa  Anna  had  prepared  a  do- 
cument made  up  from  speeches  and  editorials  pnt  forth  in  this  country  concerning  the 
war,  among  which  was  thf  ileclaration  of  an  American  Senator  that  he  would  not 
vote  for  supplies.     These  things  oi>eratcd  against  us  very  much." 

Let  no  man  hereafter  complain  of  the  President  ;  he  told  but  the 
truth  about  this  matter,  and  with  a  republican  boldness  and  sim- 
plicity becoming  his  character  and  station.  As  our  executive  sen- 
tinel upon  the  watch-tower  of  the  nation,  he  but  imparted  season- 
able notice  to  his  countrymen  of  the  fierce  dangers  w-ith  which  mo- 
ral trca,son  was  rapidly  encircling  them.  Had  he  not  administered 
this  warning  he  would  have  proved  himself  as  faithless  as  those 
whose  treacheryhe  has  been  censured  for  denouncing.  I  will  not 
pursue  this  disagreeable  subject  farther.  I  am  pained  at  feeling 
It  to  be  my  duty  to  refer  to  it  all.  But  the  denunciations  which 
have  been  so  lavishly  poured  forth  upon  the  head  of  the  President, 
even  in  this  debate,  in  connection  with  lliis  p.art  of  his  Executive 
conduct,  has  rendered  it  necessary  that  the  whole  truth  should 
at  last  be  lold.  1  hope  not  to  be  misunderstood  upon  this  delicate 
point  :  no  one  is  more  than  myselfan  advocate  for  the  utmost  free- 
dom of  debate  upon  all  public  questions,  consistent  with  the  estab- 
lished rules  of  decorum  and  ;i  due  regard  to  the  present  safety  and 
true  honor  of  this  great  republic.  And.  if  any  one  of  the  speakers 
alluded  to  can  clearly  mtikc  out  the  ease  for  himself,  that  his  coun- 
try was  really  in  the  wrong,  and  in  danger  of  getting  more  itnd 
rnore  in  the  wrong  in  regard  to  this  Mexiciin  war  :  that. his  par- 
ticular interposition  was  evidently  needeil  in  order  to  check  the  go- 
vernment in  n  career  of  folly  and  madness  in  which  it  was  fast 
rushing  to  destruction,  as  has  been  allcdged  :  and  that  he 
did  really  interpose  with  the  bonajidc  intention  of  rescuing  the  na- 


tion from  infamy  and  danger,  either  actual  or  impending,  why  then 
he  may  perchance  escape  condemnation  for  w-hat  appears  prima 
facie  to  be  so  very  censurable.  But  woe  be  to  them  if  they  fad  in  theii- 
jtistifieatoiT  proof  on  this  pomt;  for  I  tell  them,  and  all  of  them, 
that  it  were  better  that  they  should  never  have  been  born,  or  that 
being  born,  they  should  have  died  in  infancy;  or  that  they  should 
now  have  a  mill-stone  tied  about  their  recreant  necks  and  be  cast 
into  the  bottomless  sea,  than  to  stand  convicted  before  the  present 
generation  and  all  posterity,  of  having  joined  in  soul  and  voice 
with  the  enemies  of  their  country,  A  distinguished  citizen  of  Ken- 
tucky, a  leader  of  the  party  opposed  to  the  Administration,  said  in 
a  public  speech  delivered  by  him  last  summer,  in  the  city  of  Phila- 
delphia, amidst  the  acclamations  of  patriotic  thousands,  that 
"without  now  enquiring  into  the  origin  of  the  war,  (I  quote  from 
memory  and  hope  not  to  do  injustice)  it  was  the  duty  of  every 
Americau  citizen  to  give  his  head,  his  heart,  and  his  hand  to  his 
country."  The  same  gentleman,  it  is  said,  a  short  time  before,  in 
New  Orleans,  had  expressed  himself  as  being  in  favor  of  a  vigo- 
rous prosecution  of  the  war,  spoke  fiercely  of  vindicating  the 
wrongs  of  his  countrymen,  and  actually  talked  about  going  into 
battle  liimself  with  the  view  of  .^laying  a  Mexican,  or  at  the  least, 
taking  one  prisoner.  This  was  all  very  deliberately  and  patrioti- 
cally said,  and  contains  the  strongest  rebuke  upon  the  class  of  men 
to  whom  I  have  been  referring  that  could  well  be  imagined.  I 
hope  the  distinguished  statesman  and  sage  of  Ashland  has  not  yet 
changed  his  mind  about  this  inatter  ;  the  spirit  breathed  by  that 
gentleman  during  the  last  war,  and  which  broke  in  thunder  upon 
a  certain  son  of  New  England  in  the  other  wing  of  this  capitol,  for 
daring  to  oppose  the  then  pending  war  with  Britajn,  when  he  told 
him  that  he  polluted  the  very  carpet  upon  which  he  was  treading, 
was  the  true  American  spirit,  and  is  known  to  have  awakened  a 
hearty  response  from  every  hill  and  valley  of  the  republic. 

Mr.  President,  I  do  not  feel  that  I  hazard  any  thing  in  asserting 
that  if  the  pages  of  history,  ancient  and  modern,  shall  be  ransack- 
ed, it  will  be  impossible  to  fintTa  case  precisely  analagous  to  the 
one  under  consideration.  In  fact^  the  only  attempt  which  I  have 
seen  made  to  justify  by  precedent,  is  the  case  of  certain  distin- 
guished orators '  of  Great  Britain  during  our  revolutionary  war, 
vindicating  the  then  colonies  in  Parliament,  and  struggling  to  put 
an  end  to  a  long  course  of  oppression  and  violence,  in  which  George 
the  Third  and  his  ministers  had  involved  themselves.  The  inap- 
plicability of  this  case  to  the  one  under  examination  is  too  obvious 
to  need  more  than  a  bare  suggestion.  We  were  then,  or  our  fore- 
fathers were,  British  subjects — fellow-subjects  of  tholie  who  defen- 
ded us,  and  who  only  defended  one  portion  of  the  British  nation 
against  the  w-anton  aggressions  of  another.  Now,  I  have  not  yet 
heard  any  one  assert  that  Santa  Anna,  Ampudia,  Canales,  and 
then'  mvrmidoms,  were  our  fellow-citizens;  though  I  have  certainly 
often  heard  Mexico  in  this  debate  called  a  sister  repubbc,  I  sus- 
pect, that  if  gentlemen  will  look  into  this  matter  specially,  they 
will  find  that,  passing  over  the  Athenian  case  alluded  to,  there  is 
nothing  that  approximates  to  the  conduct  which  I  have  been  re- 
prehending, in  all  republican  history,  except  perhaps  the  siifgle  in- 
stance of  opposition  presented  to  Hannibal,  touching  the  war 
which  he  had  unauthorizedly  and  wickedly  commenced  with  the 
Roman  republic.  For,  it  will  be  recollected,  that  Hannibal  had, 
without  consulting  the  Carthagenian  Senate,  by  a  deliberate  breach 
of  an  existing  treaty  between  Carthage  and  Rome,  suddenly  cross- 
ed the  Iberus,  pushed  his  vast  army  through  Gaul,  and  over  the 
Alpine  heights,  and  precipitated  it  down  upon  Italy,  almost  before 
any  one  either  in  Carthage  or  Rome  knew  that  he  had  yet  left 
Spain  at  all.  Well,  Hannibal,  after  a  series  of  brilliant  victo- 
ries over  the  Roman  armies  opposed  to  him,  despatched  his  bro- 
ther to  Cartharge  to  demand  additional  supplies  ol  men  and  money 
of  the  Senate.  "That  brother  is  reported  by  LivT  to  have  thus  ex- 
pressed himself — "  The  nearer  their  prospect  was  of  finishing  the 
war,  tl»e  more  vigorous  support  of  every  kind  ought  to  be  afl'orded 
to  Hannibal;  for  "that  it  was  carried  on  ,at  a  great  distance  from 
home,  in  the  heart  of  the  enemy's  country.  The  consumption  of 
money  and  corn  was  great;  and  so  many  engagements,  while  they 
ruined  the  Roman  armies,  had  dimniished  in  some  degree  those  of 
the  conqueror.  It  was,  therefore,  necessary  to  send  a  reinforce- 
ment, and  likewise  to  send  money  for  the  'pay,  and  corn  for  the 
maintenance  of  the  troops,  who  had  merited  so  highly  of  the  Car- 
thagenian nation." 

In  this  moment  of  general  exultation,  it  is  said  that  Hanno,  the 
chief  of  the  faction  opposed  to  Hannibal,  though  he  knew  the  war 
to  be  unjust  and  unauthorized,  and  was  full  of  anxiety  as  to  its  ul- 
timate consequences  to  Carthage,  acted  with  great  dignity  and 
composure  :  nor  did  he  utter  a  syllable  in  opposition,  until  stung 
by  certain  sarcastic  reflections  which  were  cast  upon  him,  he  re- 
plied briefly  in  his  own  defence,  and  commenced  his  speech  with 
these  mcniiirablc  words  :  "1  should  have  remained  silent  this  day, 
lest  in  a  time  of  general  joy,  I  might  utter  some  expression  ten<l- 
ing  to  damp  it."  And  after  denouncing  H,annibal  and  his  un- 
pruieipleii  ambition  at  some  length,  he  finally  refused  to  vote  sup- 
plies, expressly  on  the  ground  that  Hannibal,  who  needed  them, 
"  had  deluded  his  country  with  groundless  hopes."  Now,  as  I  be- 
lieve that  the  stime  accusation  cannot  lie  justly  preferred  against 
Gen.  Scott  in  this  case,  who  avows  himself  to  be  in  need  of  the 
troops  proposed  by  this  bdl  to  bo  .scut  to  him,  I  beg  leave  here  to 
observe,  in  aldilion,  that  whatever  the  necessity  was  at  the  time 
of  Gen.  Scott's  demand  for  aid,  that  necessity  may  have  been  great- 
ly enhanced  since  he  has  been  directly  heard  from,  inasmuch  as 
wc  Inive  just  learned  that  a  proposition  has  been  brought  forward 
lately  in  the  Mexican  Congress,  having  in  view  the  raising  of  40,- 


January  19. J 


THE  TEN  REGIMENT  BILL. 


137 


000  soldiers  for  immedinte  offensive  operations.  That  I  do  not 
misunderstand  Gen.  Scott's  application  for  additional  troops,  will 
at  once  be  obvious  to  all  who  will  examine  his  letter,  an  extract  of 
which  has  been  read  here  and  runs  thus  :  "  Augment  the  army  to 
50  000  men,  to  enable  it  to  occupy  at  the  same  time  nearly  all  tlie 
State  capitals,  and  the  principal  cities  ;  to  drive  guerrillas  and 
other  robbing  parties  from  the  great  highways  of  trade  ;  to  seize 
into  our  hanSs  all  tbc  revenues  of  the  country,  internal  as  well  as 
external,  for  the  support  of  ihe  occupation,  and  to  keep  the  cen- 
tral (Government  in  motion  and  alarm,  until  constrained  to  sue  lor 
peace."  And  now  what  say  the  Hanno's  of  the  American  Senate  ? 
Why,  they  fiercely  attack  the  whole  arrangement  for  au<;menting 
the  army  in  Mexico — assert  that  no  more  troops  are  needed — ^^thac 
Gen.  Scott  has  not  actually  requested  re-inforcements— and  indi-^ 
rectly  charge  him  with  a  scheme  of  annihilating  the  nationality  of 
Mexico,  thouch  he  expressly  speaks  of  keeping  the  government  in 
motion  and  alarm,  which,  both  among  governments  and  men,  I 
have  always  heard  heretofore  to  imply  vitality  and  capability  of 
continued  existence. 

Mr.  President,  I  listened  to  the  speech  of  the  honorable  Senator 
from  Delaware,  (Mr.  Clayton,)  the  other  day,  with  feelings  of 
unmixed  surprise  and  mortification.  The  Senator  commenced  by 
denouncing  our  claim  to  territorial  indemnity  at  the  hands  of  Mex- 
ico as  dishonest,  and  even  charged  us  with  an  attempt  to  commit 
the  vilest  robbery  upon  our  weak  and  defenceless  neighbor.  Being 
but  a  novus  hospes  within  this  hall,  I  am  not  prepared  to  say  whether 
such  language  is  in  strict  accordance  with  what  I  hear  so  much 
talked  about  in  different  circles,  under  the  name  of  Senatorial 
usage  ;  but  I  take  leave  to  say  in  reply,  that  in  the  first  place,  my 
mind  is  not  able  to  perceive  the  legal  analogy  between  territorial 
indemnity,  obtained  in  a  just  and  honorable  war,  (for  the  recogni- 
tion of  which  I  believe  the  distinguished  Senator  hmiself  voted,  and 
also  for  supplies  both  of  men  and  money  to  aid  its  prosecution.) 
and  a  lawless  attempt,  by  putting  in  bodily  fear,  to  deprive  an  in- 
nocent and  unoffending  traveller  on  the  highway,  (which  was  the 
case  he  cited,)  of  his  personal  goods  and  chattels.  And,  second, 
that  the  implication  of  dishonesty  against  all  on  this  side  of  the 
chamber  which  his  words  conveyed,  if  they  were  not  indeed  in- 
tended to  be  meaningless,  will  not,  I  fear,  be  regarded  by  the  pub- 
lic in  general  as  entirely  in  keeping  with  the  character  which  I  am 
glad  to  learn  that  the  honorable  Senator  has  heretofore  sustained 
for  courtesy  aud  high  breeding. 

Mr.  CLAYTON. — Will  the  Senator  allow  me  to  correct  him? 
I  think  the  Senate  will  hear  me  witness  that  I  cast  no  imputation 
on  the  personal  motives  of  any  one  hi  this  chamber.  That  is  not 
my  habit. 

Mr.  FOOTE. — The  honorable  Senator  does  not  deny,  still,  that 
he  brought  the  charge  of  robbery  against  the  whole  democratic 
party — ^but  says  he  intended  no  accusation  of  dishonesty.  Now, 
how  he  can  reconcile  the  'charge  of  robbery  with  perfect  honesty 
of  purpose,  I  leave   to  him  to  explain. 

Now  it  is  certain,  that  where  1  reside,  and  in  all  the  neighbor- 
in"  country,  hish-way  robbery  is  regarded  as  quite  a  serious  affair, 
bolh  agaiiist  law  and  morals,  insomuch  that  it  is  uniformly  punish- 
ed, when  the  perpetrator  is  detected,  and  brought  to  justice,  by 
death  upon  the  scatibld.  It  would  seem  though  that  the  Senator 
from  Delaware  has  been  accustomed  to  quite  a  different  code  of 
ethics  ;  and  that  in  his  judgment,  robbery,  or  the  taking  away  of 
personal  soods  and  chattels,  by  violence  from  the  person  of  the 
owner,  by^puttinii  him  in  serious  bodily  fear,  may  be  in  Delaware, 
(I  hope  there  is  "some  mistake  about 'this  numer  though,)  a  very 
creditable,  virtuous,  and  praiseworthy  act,  and  the  robber  himself, 
may  be  altogether  a  decent  and  estimable  gentleman.  I  know 
that  Mr.  Jellerson  has  charged  upon  Mr.  Hamilton,  that  he  enter- 
tained the  opinion,  that  it  was  quite  possible  for  a  man  to  be  hon- 
est in  private  life,  and  yet  practice  gross  corruption,  in  ftis  public 
capacity  ;  but  I  belong  to  a  class  of  politicians  who  believe  out  of 
the  heart'of  man,  are  all  the  issues  of  life  ;  that  no  honest  and  pure 
minded  man,  is  either  capable  of  stooping  to  the  perpetration  of 
iniquity  himself,  or  of  giving  his  sanction  to  it  in  others  ;  and  that 
corruption  in  a  public  man,  necessarily  implies  the  existence  of 
private  dishonesty.  But,  the  honorable  Senator  disclaims  any  de- 
sign of  being  personally  offensive,  to  any  ou  this  side  of  the  cham- 
bei-  ;  and  with  this  explanation  I  am  bound  to  be  satisfied.  I  com- 
mend the  Senator  to  a  more  circmnspect  employment  hereafter,, 
of  the  terms  of  declamatory  rhetoric. 

The  Senator  from  Delaware  insists,  that  the  troops  proposed  to 
be  raised  by  this  bill  are  not  necessary  in  Mexico;  and  in  support 
of  this  view,  relates  an  anecdote  relative  to  General  Scott,  which, 
it  strikes  me,  was  rather  amusing  in  itself,  and  more  hiunorously 
told,  than  calculated  to  reflect  honor  upon  the  commander-in-chief, 
whom,  I  certainly  hold  in  the  most  profound  estimation.  He  says, 
that  before  General  Scott  went  to  Mexico  at  all,  in  conversation 
with  friends  here,  he  said  "give  me  a  column  of  5,000  American 
troops,  and  I  will  take  the  clipital  of  the  enemy,  if  it  rains  Mexi- 
cans for  a  week."  I  suspect  there  must  be  some  mistake  about 
this  matter,  as  I  have  always  understood,  and  have  yet  reason  to 
beUeve,  that  he  was  supplied  with  a  much  larger  force  than  5,000 
men,  at  his  own  request,  and  that  all  the  additional  troops  who 
have  gone  to  hUu  since,  have  been  sent  because  he  stood  in  want 
of  them. 

Mr.  CLAYTON. — I  wish  to  say  to  the  honorable  Senator  that 
he  misunderstands  what  I  said.    I  did  not  say  that  General  Scott 

30th  Cono.— 1st  Session— No.  18. 


had  asserted  that  with  four  or  five  thousand  men  he  could  take  the 
Capital  in  a  week,  or  within  any  other  specified  time.  I  did  men- 
tion this,  however — an  anecdote,  as  the  gentleman  termed  it : — I 
said  General  Scott  had  stated,  when  speaking  of  the  relative 
prowess  of  Mexicans  and  our  own  countrymen,  that  he  did  be- 
lieve that  with  a  single  granite  column  of  five  thousand  Ameri- 
can soldiers — to  use  ins  own  expression — he  could  whip  any  Mex- 
ican force  that  could  be  brought  against  him,  if  if  should  rain 
Mexicans  for  a  week. 

Mr.  FOOTE. — The  Senator  from  Delaware  was  pleased  to  read 
from  a  newspaper,  an  account  of  some  50,000  persons  not  belonging 
to  the  army  proper,  mere  attendants  upon  its  movements,  who,  he 
says,  are  actually  about  settling  in  Mexico,  and  who,  with  true 
yankee  enterprize,  are  already  preparing  to  establish  a  railway  from 
Vera  Cruz  to  tlie  city  of  the"  Aztecs,  and  intend  also,  to  supply 
the  ancient  capital  of  Montezuma  with  the  blessing  of  the  Electric 
Telegraph;  and  of  these  things  the  Senator  most  dolorously  com- 
plains. Well,  indeed,  I  cannot  join  him  in  his  solemn  jeremiad; 
on  the  contrary,  I  had  heard  of  all  these  things  before,  and  had  . 
rejoiced  over  them  exceedingly.  I  hope  that  American  enterprise 
will  shortly  connect  every  city  in  Mexico  by  railways,  and  that 
the  electric  telegraph  may  speedily  supply  commercial  communi- 
cation between  every  important  place  of  trade  on  the  Pacific  coast 
and  those  parts  which  are  located  on  the  shore  of  the  Atlantic. 

He  says,  that  if  wc  send  ten  additional  regiments  there,  they 
will  never  come  back;  the  country  is  so  very  delightful  they  will 
never  leave  it.  Indeed,  he  says,  "if  you  wish  them  to  return, you 
will  be  cruelly  disappointed;  it  will  be  like  calling  spirits  from  the 
vasty  deep:  they  will  not  come  wlien  you  do  call  them."  Well, 
sir,  if  they  do  not  come  back  because  they  shall  have  bettered  their 
fortunes  in  Mexico,  and  find  that  they  are  more  likely  to  live 
happily  and  prosperously  there  than  in  the  United  States,  I  shall 
certainly  not  bewail  their  new-found  felicity;  and  if  the  spirits  that 
the  wizard  Glendower  was  wont  to  call  aroniid  him,  had  at  any 
time,  half  as  good  an  excuse  for  not  obeying  his  summons,  I  am 
of  opinion,  that  he  should  have  put  up  with  the  loss  of  their  socie- 
ty without  complaining. 

The  truth  is,  that  I  have  suspected  for  a  Ion?  while,  that  Mexi- 
co was  a  sort  of  earthly  Paradise;  and  I  hold  in  my  hand  a  book, 
written  by  a  person  sustaining  very  particular  relations  with  my- 
self, in  which  I  find  Mexico  described  in  the  most  glowing  terras 
imaginable;  and.  by  way  of  strengthening  the  suggestions  of  the 
Senator  from  Delaware,  as  to  its  desirableness  as  a  country  here- 
after to  be  settled  by  enterprising  men  of  our  own  race,  I  will 
read  the  poetic  description  of  Italy,  by  Goldsmith,  which,  the  au- 
thor just  alluded  to,  has  not  hesitated  to  apply  to  Mexico. 

'•Whatever  fruits  in  dilVerent  climes  are  found, 
Tliat  prouclly  ri^e.  or  linmbiy  court  tlie  groouit; 
Wiiatever  blooms  in  torrid  tracts  appear. 
Whose  bri<;ht  succession  dectcs  tlie  varied  year; 
Whatever  sweets  salute  the  Northern  sl;y, 
With  vernal  tints  tliat  blossom  but  to  die, 
Tliese.  here  disporting,  own  the  kindred  soil, 
Nor  aslt  luxuriance  from  the  planter's  toil, 
While  sea-born  gales  tlieir  gcOid  wings  expand, 
Tu  winnow  Imgrance  round  the  sm.liiig  land." 

The  whole  South  wdl  doubtless  feel  particularly  grateful  to  the 
Senator  for  so  seasonably  and  solemnly  warning  them  against  the 
dangers  likely  to  arise  to  their  peculiar  domestic  institutions,  from 
the  annexation  of  Mexico;  as  the  Senator  from  Delaware  was  one 
of  those  special  friends  of  the  South  who  voted  for  the  Wilmot 
proviso  last  winter,  it  cannot  be  at  all  doubted  that  he  occupies  the 
very  best  possible  attitude  for  assuming  the  guardianship  of  our 
pectiliar  local  concerns.  The  honorable  gentleman  will  forgive 
me  though,  I  trust,  for  exclaiiuing,  in  the  name  of  one  Southern 
State  :  ""  Timeo  Danaos:  et  dona  ferenles."  With  all  due  defer- 
ence to  the  honorable  Senator's  judgment  about  the  matter,  sir,  I 
am  of  opinion  that  it  will  be  easy,  in  the  event  of  any  considerable 
acquisition  of  territory  from  Mexico  hereafter,  to  reconcile  all  the 
local  interests  and  feelings  heretofore  existing  on  the  subject,  upon 
principles  which  1  may  yet  state  before  this  session  of  Congress 
shall  draw  to  a  close. 

Mr.  CLAYTON. — I  voted  not  only  for  the  Proviso,  but  for  all 
amendments  offered  to  defeat  the  bill  appropriating  three  mil- 
lions of  secret  service  money  to  be  expended  among  the  Mexicans, 

Mr.  FOOTE. — The  members  of  this  body  will  not  fail  to  recollect 
the  imposing  and  exultant  manner  in  which  the  Senator  from  Dela- 
ware paraded  before  us.  towards  the  close  of  his  speech,  the  celebra- 
ted resolutions  of  1803.  jn'oviding  for  a  re-seizure  of  "tlifi  place  of 
deposit,"  as  it  was  called  at  the  time,  in  the  island  of  Orleans,  and 
supplying  the  President  with  an  armed  force  to  resist  all  future  ag- 
gressions on  the  part  of  Spain,  The  resolutions,  when  amended,  it 
seeiTis,  left  out  the  proposition  to  seize  violently  "the  place  rf  de- 
posit," and  increased  the  military  force  prepared  to  be  raised  from 
"fifty"  to  "eighty  thousand"  ■'effective"  men;  yielding  to  the  Pre- 
sident fidl  power,  "whenever  he  should  judge  it  expedient,  to  re- 
quire of  the  Executives  of  the  respective  St.ates  to  take  effectual 
measures  to  organize,  arm,  and  equip,  according  to  law,  and  hold 
in  readiness  to  march,  at  a  moment's  warning''  all  these  eighty 
thousand  effective  militia,  officers  mcluded,"  and  these  resolutions 
in  their  modified  form,  were  enacted  into  a  law,  as  I  find,  in  a 
short  tune  thereafter. 

Now,  what  is  the  comment  of  the  honorable  Senator  from  Del- 
aware upon  this  transaction?    Why  he  says:  "Did  Mr.  Jefferson 


THE  TEN  REGIMENT  BILL. 


138 

raise  an  army  to  march  upon  and  seize  the  territory,  or  to  point 
our  cannon  into  the  windows  of  New  Orleans,  and  thus  provoke-a 
conflict'  Did  any  such  spirit  as  that  which  seems  to  raje  here- 
with an  unbridled  fury,  pervade  tlie  Democracy  ol  that  party. 
No  sir— no  sir.  Thclove  of  iu.stice  had  not  abandoned  the  Amer- 
can  ijosom:  tlie  honor  of  the  American  eliaracter  was  still  dear  to 
American  statesmen.  ..■„„(■ 

"Thomas  Jefferson,  with  his  friends,  dropped  the  proposition  ol 
Mr  Ross  to  seize  on  the  country  on  the  Mississippi,  sent  an  envoy 
e\traordinary  to  join  Mr.  Livingston  in  France;  and  they  ne  o 
tiutcd  the  celebrated  treaty  of  1S03,  by  vvliich  Louisiana  ^vas  ceded 
to  this  country  for  the  sum  of  fifteen  millions  of  ,'^""^:f^^  Negoti 
atioi.  treaty,  (the  Senator  continues,)  these  were  the  "  ^'i"^;;™ 

to  by  the  democracy  of  ancient  days."  I  ''•''V«, '^•^^•'^'•"V'lTv  „, '  "f 
to  nfake  on  this  part  of  the  honorable  Senator^s  speech  any  one  o 
which  mi-ht  of  itself  be  deemed  decisive;  and  1st,  '^l^^  ^.^*f  X„ 
tioned,  Spain  had  neither  invaded  onr  '"""^y- .''"^  uie  en  oy" 
do  so.  She  had  only  refused  to  permit  us  to  «"'«  ""f,  "^^  '^",f^fJ°L 
ment  of  a  place  of  deposit,  for  £;oodsor  P^^J^f,;'^'^'  -^^^^  "-'^Xnl 
«pon  the  iSississippi  and  its  '•.■^";-'-  ^^  ;'^.  ,2^.  en-itoiT 
at  any  time  upon  the  island  ol    INew    urieans  «i n.n  .; 

By\he  trcu'ty  o(  friendshi,,,  lumts  and  ,««;: '"f'""-  "' ^^^^J 
it  had  been  solemnly  agreed  that  1iis  Cathol^^  ^f  ^'>  J"'^^'^. 
tiermit  the  citizens  of  the  United  States,  tor  the  space  oi 
threT  yeai  s  from  the  date  thereof,  'to  deposit  their  merchandizes 
'and  effects  in  .""port  of  New  Orleans,  and  to  -,»«  them  roin 
thence  without  pnvinir  any  other  duty,  than  a  la  i  puce  or  tue 
stores  'ad  the  Kin-  of  Si-ain  furthermore  bound  himself  'either 
tocontinneth  permission,  (If  be  found  dnrtng  the  three  years 
snecifieTthat  it  was  not  prejudicial  to  the  interests  ol  Spam,)  oi , 
frhe Tonld  not  continue  it,  then  to  assiiin  to  s.aid  citizens  of  the 
United  States,  on  another  part  of  ^l- banks  ol  the  Mississippi,  an 
equivalent  establUlimcnt.'  On  the  Ibth  o  Oeto^jei,  1«02  Juan 
Ventura  Morales,  the  Spanish  I"t<^nda"t  ol  the  I^^inee  of  Lou- 
isiana,  issued  a  decree,  which,  in  v.olation-ol  said  Treaty  of  17f»o 
prohibited  the  brinuiiiff  in  or  depositing  American  merchandize 
within  the  limits  of  the  City  of  New  Orleans,  and  tins  decree  was 
.Wd  without  assigning  the  'equivalent  establishment^  menUon. 
ed  in  the  Treaty,  elsevvherc  upon  the  banks  of  the  Mississippi. 
Among  the  doeumeuts  then  submitted  by  the  President  ol  the 
United  States  to  Congress,  was  one  Iroin  Wdliam  E  Hulmgs 
some  time  before  appointed  Vice  Consul  ol  the  United  States  at 
New  Orleans,  two  from  William  C.  C.  Claiborne,  Governor  of 
the  Mississippi  territory,  and  a  third  from  James  Garrard,  the 
Governor  of  Kentucky.  Mr.  Hidings  announces  to  the  Governor 
of  the  Mississippi  territory  the  fact,  that  the  decree  ol  the  Spanish 
Intendant,  already  described,  had  been  posted  up  m  the  City  ol 
New  Orleans,  on  the  iSlh  of  October  ;  states  that  the  port  ol 
New  Orleans  is  shut  against  foreign  Commerce,  and  not  against 
foreicrn  Commerce  only,"but  against  the  American  deposit  in  this 
eitv.''  No  mention  is  made,'  he  says,  'of  any  other  place  appomt- 
ed'fnr  a  deposit.'  Governor  Claiborne's  letters,  one  to  tlie  Span- 
ish Intendant,  and  the  other  to  Mr.  Madison,  testify  high  indigna- 
tion at  tl;e  faithless  conduct  of  the  Spanish  government  ;  and  he 
says  to  the  Secretary  of  State  ;  'This  late  act  of  the  Spanish 
■rovernment  at  Orleans,  has  excited  considerable  agitation  at 
Natchez  and  its  vicinity.  It  has  inflicted  a  severe  wound  on  the 
agricultural  and  eornmeroial  interests  of  this  territory,  and  will 
prove  no  less  injurious  to  the  whole  Western  Country.'  The  Go-  ■ 
vernor  of  Kentucky,  in  bis  communieation  to  the  President  of  the 
United  States,  under  date  November  30th,  1802,  says  :  'The  citi- 
zens of  this  State  are  very  much  alarmed  and  agitated  ;  as  this 
measure  of  the  Spanish  government  will,  if  not  altered,  at  one 
blow  cut  up  the  present  and  future  prosperity  of  their  best  inte- 
rests by  the  roots.  To  you,  sir,'  he  continues'  '  they  naturally  turn 
their  eyes,  and  on  your  attention  to  this  important  subject,  then- 
best  hopes  are  fixed.' 

This,  then,  is  the  history  of  the  affair.  Mr.  Jefferson  says  in 
his  annual  message  of  1803,  anterior  of  course  to  the  introduction 
•  of  resolutions  by  Mr.  Ross:  "previously,"  that  is  to  say,  previ- 
ously to  the  pci'iod  of  excitement  on  the  subject,  "a  proposition  had 
been  authorized  to  negotiate  for  the  purchase  of  Louisiana  from 
Spain;"  which  proposition  was  then  pending.  Spain  had  some- 
time before  coded  to  France  the  whole  country,  then  called  Louis- 
■     ■  '■       •  •     ■  ■  •  ._   _<•  .1. ,  same. 

_^ t  was 

light  to  do,  under 


[Wednesday, 


lime  before  coded  to  France  the wbole  country,  tnen  caiieu  uo 
iana,  but  had  not  yet  relinquished  aetu.al  possession  of  the  sai 
Whilst  the  temporary  oeoupaney  existed,  the  right  of  deposit ' 
disoonlinued  by  Spain,  wlii,.li   slir^  had  n    clear    .icrht  to  do.  un 


(lisoonlinueil  by  Spain,  wnicn  sne  naa  a  eiear  .igni.  lo  uo,  uimei 
the  treaty  of  179.5;  but  she  had  failed  to  "assign  the  equivalent  es- 
tablishment," as  she  was  bound  to  do.  This  was  hardly  just  cause 
for  immediate  hostilities;  yet  Congress  authorized  the  creation  of 
an  extensive  military  esta'blishment,  and  gave  the  fullest  discretion 
to  the  President  on  the  whole  subject.  Nfo  warlike  movement,  it 
is  true,  w!j,s  immediately  made  by  Mr.  Jetfcrson.  But  why  ?  Be- 
cause he  had  then  a  negotiation  pending  with  Napoleon,  (not  with 
Spain  at  all,)  for  the  purchase  of  the  whole  country.  The  Senator 
from  Delaware  will  now  easily  perceive  doubtless,  that  there  was 
no  necessity  for  "pointing  our  cannon  at  the  windows  of  Nevv  Or- 
leans" at  all.  The  honorable  Senator  will  scarcely  now  himself  con- 
tend, that  there  is  really  any  analogy  between  the  two  cases  under 
review.    But  ho  will  allow  iiie  to  tell  him,  1  trust,  in  a  spirit  of  unal- 


loyed kindness,  that  the  number  of  errors  which  he  has  committed  in 
connexion  with  this  aflair  is  really  surprising.  He  appears  to 
think  that  Ross's  resolutions  proposed  to  "seize  on  the  country  on 
the  Mississippi."  Why,  this  was  not  the  case.  They  only  pro- 
posed "to  take  immediate  possession  of  such  place  or  places  in  the 
said  island  or  adjacent  territory,  as  the  President  might  deem  fit 
and  convenient,  lor  the  purpose  of  deposit."  Nothing  more.  This, 
the  Senator  will  see  at  once,  by  a  re-examination  of  the  resolu- 
tions. And  why  was  this  proposed?  Simply  because  the  original 
"place  of  deposite"  had  been  discontinued,  and  no  equivalent  es- 
tablishment assigned."  What  the  honorable  Senator  means  by 
talking  about  pointins  cannon  at  windows  in  New  Orleans,  I  am 
not  aide  to  divine.  He  surely  doss  not  mean  to  cast  censure  upon 
the  officers  in  command  at  Fort  Brown.  But  it  really  looks  very 
much  like  it.  The  Senator  will  not  find  it  a  very  easy  matter  to 
fix  the  responsibility  of  pointing  the  cannon  at  wmdows  in  Mata- 
raoras,  upon  the  President  or  Secretary  of  War;  for  I  am  posi- 
tively assured  that  no  precise  orders  on  this  particular  point  ever 
emanated  from  Wasliinston.  • 

But  what  if  I  open  to  the  Sen.ator  a  fact  or  two  more  in  regard 
to  Mr.  Jefferson  and  the  democratic  party  of  that  time,  in  order  to 
enable  him  to  appreciate  the  almost  Jackson-like  energy  of  that 
liigh-souled  executive  ?  Spain  publicly  protested  against  the  ces- 
sion of  Louisiana  to  the  United  States  by  France;  and  her  citizens 
bordering  on  Louisiana  and  Mississippi  had  committed  various  ag- 
gressions upon  our  popidalion. 

Mr.  Jefferson  refers  to  these  acts  of  violence  in  his  annual  mes 
sage  of  1805,  thus  : 

"  inroads  have  been  recentlv  made  into  the  territories  of  Orle.inn  and  the  Mississip- 
pi. Our  citizens  have  been  seized,  and  their  properly  plundered  in  the  very  poruof 
the  former,  which  hiid  been  actnallv  dehveted  up  by  Spain;  and  this  by  the  regular  of- 
ficers and  soldiers  of  that  government.  I  have,  therefore,  found  it  «ecessary  at  length 
to  give  orders  to  our  troops  on  that  frontier,  ro  be  in  readiness  to  protect  our  citizens, 
audio  repel  by  arms  any  similar  aggressions  in  futore." 

The  Senator  from  Delaware  has  referred  us  to  the  pure  times  of 
Jeffersonian  democracy,  and  would  have  us  to  understand  that  Mr. 
Jeflerson  and  the  democrats  of  his  time  were  a  particularly  gentle 
and  forbearing  body  of  men,  and  that  they  especially  evinced  this 
temper  and  disposition  towards  Spain;  and  the  Senator  recommends 
in  a  very  soleiun  and  imposing  manner,  to  us  of  this  generaticDn, 
their  example  and  precepts.  He  seems  particidarly  struck  with 
Mr.  Jefferson's  preferring,  in  the  instance  of  Louisiana,  negotia- 
tion to  war — negotiation  by  which  so  much  valuable  territory  was 
to  Vie  peaceably  acquired.  I  am  chanued  to  bear  that  the  Senator 
would  have  been  a  territorial  annexationist  in  1803,  had  he  acted 
then  as  a  politician,  and  hope  that  he  may  yet  abandon  the  no  ter- 
ritory ground  upon  which  his  party  have  now  fairly  pitched  their 
political  tents  for  the  campaign  of  1848. 

As  the  Senator  from  Delavvare  appears  to  be  so  much  enamored 
of  the  charms  of  Jeffersonian  democracy,  I  will  do  myself  the  ho- 
nor of  calling  his  attention  to  the  letter' of  Mr.  Jefferson,  written 
in  1807,  to  our  minister,  Mr.  Bowdoin,  in  Paris,  which  appears  to 
me  to  be  strikingly  marked  with  the  true  democratic  spirit  of  that 
period  ; 

"  Never  did  a  nation  act  with  more  nertlily  or  injustice  than  ?pain  has  constantly 
practised  a^-ainst  us :  and  if  wc  have  kept  our  hands  off  of  her  till  now.  it  has  been 
imrely  out  of  respect  to  Trance,  and  from  the  value  we  set  on  the  friendship  of  France. 
\Ve  expect,  therefore,  from  the  friendshi]i  of  the  Emperor,  that  he  will  either  compel 
Spain  to  do  ns  justice,  or  abandon  her  to  us.  He  ask  but  imr.  mnntli  to  be  in  Uie  city 
of  Mexico y 

I  imagine  that  bv  this  time,  the  Senator  from  Delaware  is  get- 
ting a  little  tired  of  Jell'ersonian  democracy.  He  will  excuse  me 
though,  X  hope,  for  one  more  experiment  upon  his  patience.  In  a 
letter  written  by  Mr.  Jeflerson,  in  1785,  to  A.  Stewart,  Esq.,  he 
uses  the  following  language  : 

'•  1  learn  from  an  expression  in  your  letter,  that  iJie  peojile  of  Kentucky  thiitk  of  se- 
parating, not  only  from  Virgini.a,  (in  which  they  are  right.)  but  aj^o  from  the  Confede- 
racy. I  own  I  should  think  this  a  most  calaniitous  event,  and  such  -a  one  as  every 
good  citizen  sliould  set  himself  .against.  Our  present  federal  limits  are  not  too  large  for 
good  government,  nor  vs  ill  the  increase  of  votes  in  Congress  produce  an  ill  etl'ect.  On 
the  contrary,  it  will  drown  the  little  ibvisious  still  existing  there.  Our  Confederacy 
must  be  viewed  as  the  nest,  from  which  all  America,  North  and  South,  is  to  be  peo- 
pled. We  should  take  care,  too.  not  to  think  it  for  the  interest  of  that  great  Conti- 
nent, to  jiress  too  soan  upon  the  SptiniariLi.  Those  countries  cannot  be  in  lietter  hands. 
My  fear  is  that  tliev  are  too  feeble  to  hold  tnem  till  our  population  can  be  sutricientty 
advanced  to  pain  it  from  them,  pieer  by  piece,  The  /iori<^tltia7i  of  the  .Viss^i.isippi  lee 
iiiiist  hare.     This  is  all  we  arc,  as  yet.  ready  to  receive." 

Now,  I  will  tell  the  Senator,  that  if  he  if  he  is  a  Jeffersonian 
democrat,  I  am  one  too;  and  as  such,  I  fully  bebeve,  that  oin-  con- 
federacy "  must  be  viewed  as  the  nest,  from  which  all  America, 
North  and  South,  is  to  bo  peopled,"  and  I  am  decidedly  in  favor, 
with  Mr.  Jefferson,  of  getting  fairly  and  honestly,  the  whole  con- 
tinent, "piece  by  piece."  And  this' I  hold  moreover  to  have  been 
the  doctrine  of  the  democratic  party  always  heretofore;  and  the_ 
opposite  or  no  territory  ground,  has  been  that  of  the  federalists  of 
the  olden  time  and  of  their  whig  successors  since. 

The  usual  hour  for   adjournment   haying   arrived,  Mr,  FooTE 
gave  way  to  a  motion  to  adjourn,  and 
The  Senate  adjourned. 


January  20.] 


PETITIONS— RESOLUTIONS. 


139 


THURSDAY,  JANUARY  20,  1848. 


REPORT  FROM  THE  NAVY  DEPARTMENT. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of 
the  Secretary  of  the  Navy,  made  ajrreeably  to  law,  accompanied 
by  a  list  of  tlie  names  of  persons  who  have  applied  for  relief  under 
the  Navy  Pension  Laws,  and  whose  claims  have  been  rejected. 


PETITIONS. 


Mr.  ATCHISON  presented  the  petition  of  David  H.  Leeper, 
praying  the  confirmation  of  his  title  to  a  New  Madrid  location; 
which  was  referred  to  the  Committee  on  Public  Lands. 

Mr.  STURGEON  presented  the  petition  of  citizens  of  Greene 
County,  Pennsylvania,  praying  the  establishment  of  a  mail-route 
from  Greensborough  to  Taylor's  Store,  in  said  county;  which  was 
referred  to  the  Committee  on  the  Post  OfTiee  and  Post  Roads. 

Mr.  HANNEGAN  presented  the  petition  of  Robert  Piatt, 
praying  compensation  for  his  services  as  Deputy  Commissary  of 
Purchases  in  the  last  war  with  Great  Britain;  which  was  referred 
to  the  Committee  on  Military  Aflfairs. 

Also,  the  memorial  of  Robert  Piatt,  heir  and  legal  representa- 
tive of  Daniel  Piatt,  late  an  officer  in  the  Revolutionary  Army, 
praying  to  be  allowed  an  undrawn  balance  of  his  seven  years  half 
pay;  which  was  referred  to  the  Committpe  on  Revolutionary 
Claims. 

Mr.  BREESE  presented  the  petition  of  the  heirs  of  Robert 
Morrison,  deceased,  praying  the  confirmation  of  their  title  to  a 
tract  of  land;  which  was  referred  tu  the  Committee  on  Private 
Land  Claims. 

Also,  the  petition  of  the  heirs  of  Josiah  Bleakley,  deceased, 
praying  the  confirmation  of  their  title  to  a  tract  of  land:  which 
was  referred  to  the  Committee  on  Private  Land  Claims. 

Mr.  PEARCE  presented  the  petition  of  James  C.  Wilson,  a 
Clerk  in  the  War  Department,  praying  an  increase  of  compensa- 
tion; which  was  referred  to  the  Committee  on  Military  Affairs. 

Mr.  DOUGLAS  presented  the  petition  of  G.  Edmunds,  jr.,  for 
himself  and  in  behalf  of  the  Des  Moines  Rapids  Improvement  Com- 
pany, praying  the  assent  of  Congress  to  the  making  of  a  canal 
around  the  Des  Moines  Rapids,  in  the  Mississippi  river;  which  was 
referred  to  the  Committee  on  Commerce. 

On  motion  by  Mr.  UPHAM,  it  was 

Ordered,  That  the  petition  of  John  McCloud,  on  the  files  of  the 
Senate,  be  referred  to  the  Committee  on  Pensions. 

On  motion  by  Mr.  DICKINSON,  it  was 

Ordered,  That  the  petition  of  Elijah  Buchanan,  and  the  petition 
of  Hector  St.  John  Beetley,  on  the  files  of  the  Senate,  be  severally 
referred  to  the  Committee  on  Pensions. 

On  motion  by  Mr.  CORWIN,  it  was 

Ordered,  That  the  petition  of  George  Wingard,  on  the  files  of 
the  Senate,  be  referred  to  the  Committee  on  Pensions. 

On  motion  by  Mr.  DAVIS,  of  Mississippi,  it  was 

Ordered,  That  the  Committee  on  Military  Affairs  be  discharged 
from  the  further  consideration  of  the  petition  of  Eugene  Van  Ness, 
and  John  M.  Brush,  executors  of  Nehcmiah  Brush,  deceased; 
and  that  it  be  relerred  to  the  Committee  of  Claims. 

MONUMENTS    TO    DECEASED  SENATORS. 

Mr.  HANNEGAN  submitted  the  following  resolution  for  con- 
sideration. 

Resolved,  That  a  select  commiMee  be  appointed  to  inquire  whether  it  may  be  ne- 
cessary to  adopt  any  nieasnres  for  tlie  future  oonstructioD,  and  preservation  of  the 
monuments  to  the  memory  of  deceased  members  o."  the  Senate;  and  also  under  wliat 
circumstances  monuments  have  been  so  erected,  and  may  herealer  be  erected. 

The  resolution  was  ordered  to  be  ptinted. 

GEN.  Taylor's  views,  etc. 
Mr.  BERRIEN  submitted  the  following  resolution  for  conside- 


tlie  letter  of  General  Zachary  Taylor,  dated  at  New  Orleans.  20th  July,  1845,  and  ad- 
dressed to  the  Secretary  of  War.  and  which  are  so  referred  to  as  containing  the  views 
of  (Jeneral  Taylor,  previously  communicated  in  regard  to  the  liue  pro[>er  to  be  occu- 
l»ied  at  that  time  by  the  Uaiti^d  States. 

Mr.  CALHOUN  suggested  a  modification  by  adding  the  words  : 

And  any  similar  communication  from  any  oHicer  of  the  army  on  ttie  same  subject. 

Mr.  BERRIEN.— The  honorable  Senator  from  South   Carolina 
suggests  an  amendment  to  the  resolution   which   I  am  perfectly 
"  willing  to  accept. 

The  Senate  then  proceeded  to  consider  the  resolution  by  unani- 
mous consent. 

Mr.  CASS. — I  would  rather,  for  my  part,  that  the  resolution 
should  lie  over.  It  seems  tu  me  exceedingly  sweeping  in  the 
terms,  calling  for  the  views  of  all  the  olTieers,  from  the  highest  to 
the  lowest.  I  do  not  know  what  particular  information  it  refers 
to,  but  the  communication  of  some  of  it  may  be  highly  improper, 
and  it  gives  no  discretion  to  the  Executive  to  withhold  it,  if,  in 
his  opinion,  its  publication  would  be  inconsistent  with  the  public 
interests. 

Mr.  BERRIEN. — In  regard  to  calls  for  coimnunications  from 
other  officers,  it  is  a  modification  of  the  resolution  which  was  pro- 
posed hy  the  honorable  Senator  from  South  Carolina,  and  which  I 
have  accepted;  but,  of  course,  he  will  explain  what  he  proposes  by 
the  amencfment.  In  regard  to  the  discretion  of  the  Executive  to 
withhold  such  information  as  he  may  think  the  interests  of  tho 
country  require  should  be  withheld,  I  presume  that  he  has  the 
power  to  exercise  tliat  discretion  at  all  times  ;  but  I  have  no  sort 
of  objectioato  add  to  the  resolution  a  proviso  ''ii'  not  inconsistent 
with  the  public  service."  All  that  I  desire  is  to  know  what  is  the 
purport  of  the  letter.  However,  if  the  Senator  from  MichiTan 
still  insists  that  the  resolution  .shall  lie  over,  of  course  I  must  ac- 
tjuiesce. 

Mr.  CASS. — Do  I  understand  the  Senator  to  say  that  he  accepts 
the  amendment. 

Mr.  BERRIEN.— Certainly.  The  chair  will  be  good  enough 
to  add  the  ordinary  qualilieation. 

The  following  was  added  :  "unless  he  be  of  opinion  that  a  com. 
munication  of  the  same  be  inconsistent  with  tho  public  interests." 

Mr.  CASS. — I  move  that  the  resolution  be  laid  upon  the  table 
for  the  present. 

Mr.  BERRIEN. — -The  resolution  lies  over,  as  a  matter  of  comso 
if  the  Senator  objects  to  its  consideration  now. 

The  PRESIDING  OFFICER.— The  Senate  has  alieadv  unan- 
imously agreed  to  proceed  with  its  consideration.  The-  question 
now  is,  on  laying  the  resolution  on  the  table. 

Mr.  BERRIEN. — On  that  question,  if  it  be  intended  f<  dispose 
of  the  resolution  by  laying  it  on  the  table,  I  must  ask  the  yeas  and 
i.ays. 

Mr.  CASS. — I  have  no  disposition,  as  far  as  relates  to  myself, 
to  prevent  a  vote  of  the  Senate  being  taken  upon  the  resolution  at 
some  futiure  day.  I  merely  desire  that  it  shall  be  laid  over  for  the 
present. 


The  motion  was  adopted. 

JESSE    E.    DOW. 

Mr.  DICKINSON  submitted  the  following  resolution  for  con- 
sideration : 

Resolved,  That  Jesse  E.  Dow  be  admitted  to  a  seat  in  the  Reporters'  gallery  from 
w  liich  he  was  excluded  by  an  order  of  Uie  Senate  of  IGth  March.  Id4(j. 

.ADJOURNMENT. 

A  motion  was  made  that  when  the  Senate  adjourn,  it  be  to 
Monday  next  ;  upon  which  the  yeas  and  nays  were  demanded  and 
ordered. 


Yeas, 
Nays, 

iMajority  ajsainst  the  motion, 

So  the  motion  was  not  agreed  to. 


19 


Resoli-ed,  That  the  Presidelft  of  the  United  States  be  requested  to  furnish  to  the 
Senate,  copies  of  the  letters,  reports,  or  other  commnnications  which  are  referred  in 


ILLINOIS    rail    road. 

Agreeably  to  notice,  Mr.  DOUGLAS  asked,  and  obtained  leav 


140 


INSTRUCTIONS  TO  GEN.  SCOTT. 


[Thursday, 


to  brine  in  a  bill  cranting  to  the  State  of  Illinois  the  right  of  wa}' 
and  a  donation  of  public  lands,  lor  making  a  rail  road  connecting 
the  Upper  and  Lower  Mississippi  with  the  chain  of  Northern  Lakes 
at  Chica!;o;  which  was  read  the  lirst  and  second  times,  by  unani- 
mous consent,  and  referred  to  the  Committee  on  Public  Lands. 

THE  INDEPEXDENT  TREASURY. 

Agreeably  to  notice,  Mr.  ATHERTON  asked,  and  obtained 
leBve,  to  brmg  in  a  bill  supplemental  to  an  act  entitled  "An  act 
to  provide  for  the  better  orijanization  of  the  Treasury,  and  for  the 
collection,  safe-keeping,  transfer,  and  disbursement  of  the  public 
revenue;"  which  was  read  the  tirst  and  second  limes,  by  unanimous 
consent,  and  referred  to  the  Committee  on  Finance. 

RETIRED    I.I.ST    FOR    THE    AR.MY. 

Mr.  DAVIS,  of  Mississippi,  from  the  Committee  on  Military 
Affairs,  reported  a  liiU  to  increase  the  eincicncy  ol  the  army  by  a 
retired  list  for  disabled  officers;  which  was  read  and  passed  to  the 
second  reading, 

FOREIGN    MAILS. 

Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  reported  a  bill  supplementary  to  an  act  entitled  "Anact  to 
provide  for  the  transportation  of  the  mail  between  the  United 
Stales  and  foreign  countries;"  which  was  read  and  passed  to  the 
second  reading. 

Mr.  NILES  said  that  ho  was  instructed  by  the  Committee  on 
Post  Offices  and  Post  Roads,  to  report  this  bill  for  the  better  regula- 
tion of  our  forciirn  mail  service.  It  was  probably  known  to  Sena- 
tors that  our  mail  to  Southampton  and  Bremen,  had  encountered 
difficulties  in  England,  from  the  illiberal  and  unjust  policy  of  the 
British  government.  All  letters  conveyed  in  our  mail,  to  be  left 
at  Southampton,  not  only  for  England  but  for  France  and  other 
countries  in  the  south  of' Europe,  intended  to  be  sent  from  South- 
ampton to  Havre  in  p>.ince,  were  subjected  to  a  postage  of  twenty 
four  cents.  So  unfriendly  was  the  conduct  of  the  British  authorities, 
that  instead  of  permitiiig  the  letters  conveyed  in  our  mail  to  go 
to  and  from  England  without  postage,  as  we  permit  the  letters 
conveyed  to  and  from  this  country  in  their  mail,  they  subjected  the 
letters  conveyed  in  the  United  Slates  mail  to  a  higher  rate  of  post- 
tagethan  letters  conveyed  in  private  vessels.  By  their  law,  eight 
pence  is  the  postaie  on  lellcrs  to  and  from  Great  Britain  to  the 
United  States.  This  is  the  general  rate.  But  to  discourage  and 
undoubtedly  in  hopes  to  break  up  our  mail  lins,  the  government 
increased  the  postage  on  letters  transmitted  in  our  mail  to  one 
shilling,  or  twenty-four  cents,  equal  to  our  own  postage.  This 
proceeding  subjects  letters  transmitted  in  the  American  mail  to 
lorty-eight  cents  postage, Nvhilst  those  in  the  British  mail  pay  but 
twenty-Tour.  It  is  evident  that  our  mail  cannot  compete  with  the 
British  lines  under  such  circumstances.  This  bill  subjects  letters 
broui^ht  in  British  or  other  foreign  mails  to  twenty-four  cents  pos- 
tage, to  counteract  the  operation  of  their  law,  and  also  provides 
for  regulating  the  transmission  of  letters  to  and  from  the  United 
States  to  all  foreign  countries. 

PRIVATE    BILLS. 

Mr.  WESTCOTT,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  petition  of  David  Whelply,  submitted  an  adverse 
report;  which  was  ordered  to  be  printed. 

Mr.  DOWNS,  from  the  Committee  on  Indian  Afl'airs,  to  whom 
was  referred  the  memorial  of  Samuel  W.  Bell,  a  native  of  the 
Cherokee  nation,  submitted  a  report  accompanied  by  a  bill  for  his 
relief. 

The  bill  was  read  and  passed  to  a  second  reading. 

Ordered,  That  the  report  he  printed. 

INSTRUCTIONS    TO    GEN.    SCOTT. 

The  Senate  proceeded  to  consider  the  following  resolution  sub- 
milled  by  Mr.  Manuum,  on  the  19lh  instant  : 

Iff.^otrrd,  That  tile  Vresiilent  ot'llip  Unitpd  States  be  reqnesteil  to  inlorm  IJie.Sen- 
ate  whetlier  the  general  order*.  No.  37fi,  issued  by  Gen.  Scott,  at  bead-quarters,  !\Iexi- 
iro,  bearins;  date  l.jtb  December  last,,  were  i^led  under  instructions  from  the  Secretary 
ot"\Var;  and  if  so,  tolay  s.aid  in.'trvictions  before  tlic  Senate;  and  also  any  opiiiioii  of 
(Jen.  Scott,  in  regard  to  the  necessary  tniblary  means  to  carry  said  instructions  into 
edl'cl,  which  may  be  on  file. 

Mr,  CASS  impiired  whether  the  usual  clause  referring  the  dis- 
closure to  the  Executive  discretion  was  contained  in  the  resolution; 
and  if  not,  he  suggested  that  it  should  be  there, 

Mr.  MANGUM, — I  have  no  objection,  sir,  if  the  Senator  de- 
sires it. 

The  question  beinc  about  to  he  put  on  ihc  adoption  of  the  reso- 
lution as  modilied, 

Mr.  CASS  suggested  that  it  would  be  better  to  let  the  resolu. 
lion  lie  over  till  to-morrow. 

Mr.  MANGUM.  I  am  extremely  unfortunate,  sir.  I  cannot 
please  the  gentleman  in  any  way.  I'he  resolution  which  I  pre- 
sented the  other  day  was  drawn,  as  1  tlion  staled,  with  a  due  re- 
gard to  lliat  official  decorum  wjiieh  has  always  been  observed  to- 
wards the  Chief  Magistrate  of  iho  United  States.  I  proposed  lo 
insert  the  usual  qualification,   if  in  his  opinion  the  same  may  he 


communicated  consistently  with  the  public  interests.  It  was  ob- 
jected to.  I  afterwards  inserted  an  amendment,  that  the  resolu- 
tion might  be  answered  either  confidentially  or  otherwise.  That 
necessarily  excluded  the  latter  clause,  because  I  suppose  the  prin- 
ciple will  not  be  affirmed  here,  particularly  when  sitting  in  another 
capacity,  that  any  thing  that  is  necessary  to  enlighten  us  in  regard 
to  any  matte.'  pending  before  us,  which  may  be  in  the  possession  of 
the  Executive — which  can  be  taken  by  us  confidentially,  only  if  the 
Executive  chocses  to  give  it  to  us  in  that  way  is  not  a  part  of  Execu- 
tive business,  which  we  are  as  much  entitled  to  as  the  Executive 
himself.  I  say,  too,  that  as  legislators,  we  ought,  unless  there  is 
some  particular  reason  which  makes  it  improper  that  it  should  be 
communicated  to  the  public,  to  be  put  in  possession  of  the 
ful'est  information.  However,  in  this  respect  I  endeavored  to 
restrict  the  call  for  the  communcation  which  might  bo  cov- 
ered by  the  resolution,  and  simply  asked  to  be  informed  if  an 
order  had  been  issued  from  the  Executive  or  War  Depart- 
ment to  tlie  general  commanding-in-chief  in  Mexico,  directing  him 
to  overrun  all  Mexico,  if  instructions  to  that  eirect  had  emanated 
from  the  War  Department  or  from  the  Executive  department;  and 
if  so,  we  desire  to  see  those  instructions  simply  as  to  that  point — 
'and  restricted  to  that  point.  If  there  are  other  matters  of  a  gen- 
eral character  which  it  may  be  deemed  improper  to  give  to  the 
public,  let  the  information  he  confined  to  that  point  solely,  I  do 
not  desire  to  have  the  infcumation  in  all  the  ramifications  into 
which  it  may  be  pursued,  but  simply  in  regard  to  this  point.  The' 
point  is  this,  did  an  order  to  the  general-in-chief  issued  from  the 
Executive  or  War  Department,  directing  him  to  cover  the  w-hole 
of  Mexico,  or  to  take  possession  of  all  the  strong  points.  If  this 
be  the  case,  then  I  desire  to  know  the  opinion  of  the  general-in- 
chief  in  regard  to  the  extent  of  the  military  means  necessary  to 
effect  that  object.  It  is  particularly,  vastly,  important  in  regard 
to  these  thirty  regiments,  that  are  asked  for  in  addition  to  the 
military  force  already  authorized  by  law.  And,  sir,  who  are 
the  best  judges  of  the  extent  of  the  military  means  necessary 
in  any  of  these  military  movements  ?  General  Taylor  and  Gen- 
eral Wool,  in  one  line  of  our  defences,  are  unquestionably  much 
higher  authority  that  can  be  derived  from  any  other  source, 
either  in  this  country  or  out  of  it.  In  regard  to  the  other 
division  of  our  forces,  sir — those  in  the  city  of  Mexico,  and 
on  the  line  between  that  city  and  Vera  Cruz — where  is  there  au- 
thority to  be  found  higher  than  that  of  Gen.  Scott  V  There  is 
none,  sir.  And  I  believe  the  inclination  of  Gen.  Scott  is  to  ask 
ample  means  for  the  accomplishment  of  the  object  which  he  seeks 
to  attain.  I  think,  sir,  that  he  will  not  risk  the* safety  of  his  army, 
nor  will  he  risk  his  exalted  military  repulation  in  embarking  upon 
an  enterprise  without  the  means  which  will  enable  him  to  accom- 
plish what  he  undertakes.  I  therefore  take  it  for  granted  that  he 
asks  for  the  amplest  means  ;  and  if  the  means  asked  for  by  him 
■will  not  amount  to  so  much  as  the  thirty  regiments,  I  think  it  will 
be  an  unanswerable  argument  against  the  application  of  the  Sec- 
retary of  War  for  these  regiments.  Sir,  I  desire  to  extract  no- 
thing that  ought  to  be  withheld.  I  desire  to  ask  for  nothing  that 
will  embarrass  tlie  Executive,  or  in  any  way  complicate  our  rela- 
tions with  Mexico.  There  is  no  such  purpose.  I  desire  two  ob- 
jects, which  must  be  apparent  to  the  honorable  Chairman  of  the 
Committee  on  Military  Affairs,  I  desire  first  to  know  the  scope 
and  extent  of  the  Executive  purposes  on  this  subject  ;  I  have  a 
right  to  know  them,  and  the  country  has  a  right  to  know  them  ; 
and  after  having  ascertained  the  extent  and  scope  of  the  Execu- 
tive purposes,  I  desire  to  ascertain  the  extent  of  the  means  neces- 
sary to  accomplish  those  purposes.  Knowing  these  things,  there 
will  not  be  much  difficulty  in  forming  a  decision  as  to  the  course 
which  we  ought  to  take  when  we  come  to  vote  upon  the  bills 
which  are  presented  to  us  for  increasing  the  forces,  I  feel  very 
sure  that  there  is  an  over-sensibility — a  sort  of  tender-footedness, 
if  I  may  use  such  an  expression,  in  regard  to  marching  up  to  the 
point,  and  conveying  direct  information,  on  the  ])art  of  the  honora- 
ble Chairman  of  the  Committee  on  Military  AtTairs — I  mean  it  in 
no  offensive  sen.se — a  sort  of  skitishness,  sir,  which  is  not,  I  think, 
what  we  have  a  right  to  expect.  If  the  gentleman  desires  to 
make  the  resolution  entirely  decorous  by  adding  the  ordinary 
clause  of  qualification,  a  proposition  of  that  sort  will  be  acceded 
to  with  great  pleasure  on  ray  part. 

Sir,  I  have  not  seen  within  the  halls  of  one  or  the  other  of  these 
Houses  of  Congress  for  many  years  anything  even  approaching  to 
such  a  degree  of  sensibility  as  seems  now  to  bo  felt  by  the  honora- 
ble Chairman  of  the  Military  Committee,  as  if  we  were  to  sit  here 
with  resolutions  on  our  tabic  asking  only  for  that  which  already 
belongs  to  history,  and  the  communication  of  which  might  be, 
regarded  very  mucii  as  a  matter  of  course,  without  adopting  tliemi 
Is  it  intended  that  we  shall  not  have  the  information  which  wilf 
enable  us  lo  act  underslandinglv  ?  I  hope  not,  sir,  for  the  sake  of 
the  spirit  of  our  institutions,  for  the  sake  of  this  Executive's  sense 
of  right,  I  hope  it  mav  not  be  even  implied,  that  no  decent  inves- 
tigation shall  be  permitted,  that  no  light  shall  be  afforded  us 

Mr,  CASS. — I  disclaim  entirely,  any  tenderness  on  this  aide  of 
the  Chamber  with  regard  to  an  cxauiinalion  of  the  policy  of  the 
administralion  in  the  prosecution  of  this  war.  The  tenderness 
whii-h  we  teel  has  reference  to  the  rights  of  the  country.  Wo  do 
not  wish  anv  information  to  go  out  from  tho  Departments  which 
would  be  usi'ful  to  the  enemy."  That  is  the  only  motive  which  indu- 
ences  us.  We  are  perfectly  willing,  and  I  for  one  am  anxious,  that 
every  luoper  information  shoukl  be  sjircad  before  both  Houses  of 
Congress;  hut  as  I  said  the  other  day  and  beg  to  repeat  now,  tho 


January  20.] 


INSTRUCTIONS  TO  GEN.  SCOTT. 


141 


honorable  Senator  must  be  himself  aware,  that  there  are  many 
things  which  a  wise  and  discreet  government  will  not  disclose  in 
the  face  of  the  enemy. 

Mr.  MANGUM,  (in  his  seat.) — We  do  not  want  that. 

Mr.  CASS. — If  we  are  "tender-footed",  then,  it  is  for  the  coun- 
try. But  the  honorable  Senator  saj's,  that  he  desires  this  informa- 
tion for  two  purposes;  first,  in  order  to  ascertain  the  objects  of  the 
Executive,  and,  second,  the  opinions  of  the  Generals  in  command.  I 
hope  tliat  the  Execu'ive  will  communicate  fully  to  the  Senate  and 
to  the  House  the  whole  objects  it  has  in  view.  I  hope  that  the 
Executive  will  say  in  so  many  words,  that  its  object  is,  in  any 
-  circumstances  to  conquer  Mexico, 

Mr.  MANGUM,  (in  his  seat.) — To  conquer  Mexico? 

Mr.  CASS. — I  repeat,  to  conquer  Mexico. 

Several  Senators. — The  whole  ? 

Mr.  CASS. — The  whole,  but  not  to  hold  it  all.  To  conquer 
Mexican  injustice — to  conquer  Mexico  until  she  seek  a  fair  and 
honorable  peace — and  I  hope  that  tlie  K.\ecutive  will  carry  on 
its  operations  in  every  part  of  the  Mexican  country  till  that 
object  be  accomplisiied.  If  I  know  my  countrymen,  ihey  will  sus- 
tam  the  President  in  doing  so.  Tliat  I  take  to  be  his  purpose — • 
and  the  manner  of  obtaining  that  object  must  be  determined  by 
the  Executive  in  consultation  with  military  men  who  understand 
the  country  and  the  situation  of  the  Mexican  government.  I  do 
not  profess  myself  to  know  the  country,  and  do  not  speak  ex 
cathedra  on  the  subject.  I  believe  it  would  be  proper  to  commu- 
nicate all  important  facts  relating  to  the  general  operations  of  the 
campaign,  withholding  those  which  relate  to  the  numbers,  mate- 
rial, and  destination  of  tlie  troops,  with  other  information  which 
might  be  useful  to  the  Mexican  government.  With  this  exception, 
I  believe  that  every  thing  else  had  better  be  laid  belbre  Congress 
and  the  public.  I  do  not  believe  the  Executive  has  any  secrets  to 
withhold.  I  have  no  doubt  that  General  Scott  acted  under  full  in- 
structions from  the  government,  though  I  do  not  know  the  fact. 
I  do  not  doubt  it,  because  no  commanding  general  in  the  circum- 
stances in  which  he  was  placed,  would  so  act  without  the  instruc- 
tion— expressed  or  implied — of  his  government.  And  the  order  he 
issued  is  just  such  an  order  as,  in  the  existing  state  of  things, 
an  American  general  should  have  issued.  These  are  to  go  forth 
to  the  army  and  the  enemy,  and  are  to  be  followed  by  prompt  and 
vigorous  execution.  With  these  impressions,  if  the  honorable  Sen- 
ator from  IS'orth  Carolina  will  permit  a  clause  to  be  inserted  in 
his  resolution  allowing  the  exercise  of  Executive  discretion  in  this 
case,  in  order  ■  to  withhold  such  information,  if  any  there  be,  as 
might  be  useful  to  the  enemy,  I  would  vote  for  his  motion . 

Mr.  CRITTENDEN.— I  do  not  know,  sir,  that  during  the 
whole  period  offey  service  here,  I  have  ever  witnessed  more  jeal- 
ousy with  regard  to  calls  for  information,  than  has  been  exhibited 
on  tbe  present  occasion.  The  Senator  who  lias  just  taken  his  seat 
does  not  believe  that  the  Executive  has  a  single  secret  in  relation 
to  this  war  that  he  desires  to  withhold,  and  yet  he  is  signalized  by 
the  continual  opposition  which  he  makes  to  every  api'cal  to  that 
department  of  the  government  for  information.  That  Senator 
may  well  be  a  little  sensitive  under  the  application  of  the  term 
"tender-footed"  upon  this  subject.  For,  certainly,  he  has  mani- 
fected  a  high  degree  of  readiness  upon  all  occasions  to  question 
and  scrutinize  very  closely  any,  and  every  resolution  offered,  mere- 
ly for  the  purpose  of  enquiry  and  infurmation.  Now,  why  is  this  ? 
Here  is  a  ureat  subject,  upon  which  we  are  legislating — a  ques- 
tion of  peace  and  war — of  raising  armies;  and  when  we  ask  for 
the  opinions  of  our  military  officers — who  are  engaged  in  the  war, 
and  are  acquainted  with  tiie  country  in  which  the  war  is  carried 
on — on  this  great  question,  it  is  treated  as  though  it  were  a  State 
.secret, 'and  we  are  not  permitted  to  appeal  to  the  Executive  de- 
partment for  information,  or  communicati9ns  received  from  these 
officers.  This  is  most  strange  and  unaccountable.  We  are<sub- 
jeeted  to  a  sort  of  trial  by  the  ordeal  here,  and  made  to  walk  blind- 
fold over  burning  red-hot-iron.  We  want  light  to  guide  us.  We 
want  all  the  information  that  the  government  possesses,  and  are 
we  not  entitled  to  it  ?  Talk  about  secrets,  and  the  iraportanee  of 
keeping  secrets !  Sir,  this  has  a  very  diplomatic  sound — there  is 
a  tinkling  of  wisdom  in  this  sort  of  governmental  art  of  keeping 
secrets  !     We  are  to  carry  on  war  by  keeping  secrets  ! 

No,  sir.  The  world  has  long  since  come  to  regard  secrets  ac- 
cording to  their  true  value.  Tliere  are  no  secrets  but  those  not 
worth  keeping,  in  this  world,  and  the  whole  idea  of  keeping  se- 
crets is  a  sort  of  mystery,  with  which  little  governments  surround 
themselves  lor  tbe  purpose  of  obtaining  a  coloring — a  complex- 
ional  dignity.  There  is  no  worth  in  them.  The  people — Con- 
gress— have  a  right  to  know  everything  concerning  the  projects 
of  tbe  Government  and  the  purposes  of  this  war — everything  of 
the  least  importance.  You  may  keep  secret  things  of  no  conse- 
quence. If  you  employ  an  agent,  or  a  spy,  or  a  mercenary,  keep 
his  name  secret,  in  God's  name — if  you  have  such  an  one  in  your 
employ  ;  but  if  the  information  relates  to  public  affairs — to  any- 
thing which  interests  the  people  of  the  United  States — any  public 
political  aspect  and  point  of  view — they  have  a  right  to  know  it. 
They  have  set  up  no  department  of  this  Government  for  the  pur- 
pose of  keephig  knowledge,  wisdom;  and  information  a  secret  from 


them.  I  know  there  are  limits  prescribed  by  prudence,  anal 
will  recognize  them  when  a  case  is  made  oiit.  But  this  is  the 
stereotyped  argument  employed  on  every  application  for  informa- 
tion :  "Oh  !  there  are  some  thinrrs  which  every  government  must 
keep  secret" — and  therefore  the  Government  must  keep  everything 
secret '.  The  gentleman  is  willing  to  enlighten  us  with  his  infor- 
mation, but  he  does  not  want  to  enlighten  the  Mexicans.  What 
an  argument !  Enlighten  the  Mexicans — give  information  to  our 
enemies — when  we  ourselves  are  walking  in  darkness  here,  not 
knowing 'what  our  own  functionaries  think  we  ought  to  do  !  To 
refuse  to  give  it  to  us,  and  say  they  refuse  it  out  of  kindness  and 
charity  to  us,  lest  it  sliould  operate  as  information  to  the  Mexi- 
cans, when  the  very  gentleman  who  makes  use  of  this  argument 
proclaims  that  he  wants  it  distinctly  understooJ  that  he  is  for  con- 
quering Mexico  !  What  other  secrets  can  you  have  ?  What  se- 
cret will  the  gentleman  pretend  to  have  ?  Does  our  success  de- 
pend upon  secrets  ?  Is  that  the  way  to  carry  on  the  war,  or  to 
facilitate  the  prosecution  of  the  war  ?  Our  enemies  have  learned 
by  this  time  that  we  are  strong-handed  enough  to  work  our 
pleasure,  be  it  what  it  may.  The  general  orders  issued  in  the 
heart  of  Mexico  till  them  that  we  intend  to  take  and  occupy 
San  Ltiis  Potosi — that  we  intend  to  take  possession  of  Zaeete- 
cas,  and  that  if  that  phantom  of  a  government  is  allowed  to  sit 
longer  at  Queretaro,  it  is  simply  by  om'  toleration  of  ir.  What  is 
the  secret  ?  That  you  intend  to  go  by  this  or  that  road  ?  Where  is 
the  mighty  secret  in  that  ?  or  where  is  the  secrcsy  in  saying  that 
you  were  to  take  possession  of  their  cross-roads  in  Mexico,  w*hich 
the  gentlemen  seems  to  think  so  exceedingly  important  to  the  suc- 
cess of  your  miUtary  operations  ? — He  himself  has  given  the  Mea- 
icans  all  information  about  it.  They  have  all  th3  information 
that  he  has  been  pleased  to  communicate  to  us.  But  what  has 
Gen.  Scott  or  Gen.  Taylor  communicated  to  our  own  government 
as  to  the  most  proper  course  to  be  pursued  ?  That  is  what  we  want 
to  know  ?  It  is  all  idle  to  talk  of  keeping  secrets,  lest  Mexico 
sbiiiild  know  them. 

The  gentleman  from  Michigan  is  I  think. making  considerable 
progress  on  this  subject.  I  understood  him  to  say  when  the  reso- 
lutions of  the  Senator  from  South  Carolina  against  destroying  the 
nationalitv  of  Mexico  were  before  the  Senate — that  they  presented 
a  proposition  with  which  every  one  must  agree.  The  other  day  he 
thouglit  we  might  swallow  Mexico  whole  and  not  be  the  worse  for 
it.  Now  he  says  and  wishes  it  distinctly  to  be  understood  that  he 
goes  for  the  conquest — the  entire  total  conquest  of  Mexico.  I 
tiiink  then  that  he  is  making  some  progress.  Well  be  tells  us  what 
we  are  to  do  with  Mexico — swallow  her,  as  he  said  whole  ?  That 
would  I  think  makes  us  a  very  mis-shapen  sort  of  republic  if  wo 
could  perform  that  operation?  But  we  are  now  "warring  for  peace." 
Well,  Mr.  President,  it  seems  to  me  that  we  have,  as  I  said,  already 
conquered  Mexico.  Where  is  her  army?  Where  her  treasure? 
Where  any  of  the  material  of  war  with  which  she  could  contend 
arrainst  us  ?  She  is  powerless  and  disarmed,  and  stands  unresisting 
before  you,  and  you  talk  of  keeping  secrets  from  her,  of  keeping  se- 
crets from  us  lest  this  poor  down-trodden  republic  shall  have  some 
light  shed  upon  her  mind  as  to  tiie  further  proceedings  which  we  in- 
tend to  adopt  in  relation  to  the  prosecution  of  this  war  !  This  argu- 
ment cannot  satisfy  the  Senate  or  the  country.  It  ought  not  to  satis- 
fy the  country.  You  have  got  peace  in  effect  now.  Mexico  is  at 
this  moment  at  your  feet,  and  subject  to  your  dictation.  The  gen- 
eral orders  from  your  commander  issued  to  your  armies,  show  that 
he  is  intending  to  spread  them  over  that  country,  making  them  a 
sort  of  armed  collectors  of  revenue.  That  seems  to  be  the  em- 
ployment which  now  remains  for  your  armed  forces  in  Mexico.  Is 
she  not  conquered  when  she  has  no  army  left — no  government  left — 
no  materiel  of  war,  no  money  no  credit?  When  a  nation 
is  thus  depressed  and  disarmed,  what  is  wanting  to  her  con- 
quest and  subjugation  ?  She  is  conquered,  sir,  and  every  bo- 
dy will  acknowledge  it  in  six  weeks  from  this  time,  as  I  vctily  be- 
lieve. And  this  war,  and  this  country,  and  this  peace,  will  become 
a  proper  subject  for  the  legislative  department !  I  hope  to  see  that 
question  come  speedily,  and  then  it  will  depend  upon  the  wisdom 
and  discretion  of  Congress  on  what  terms  and  in  what  manner  it 
is  to  be  determined — whether  Congress  will  declare  that  "we  shall 
swallow  Mexico  whole,  in  the  figurative  but  strong  language  of 
the  honorable  Senator,  or  what  else  we  shall  do — what  member 
of  her  we  shall  swallow — whether  a  leg,  or  an  arm,  or  tbe  head — in 
what  manner  we  shall  address  ourselves  to  the  new  species  of  can- 
nibalism prescribed  to  the  American  people.  All  this  we  wUl  have 
determined  by  Congress  ,Its  appetite  will  regulate  us  in  what  we 
arc  to  do.  This,  however,  is  going  beyond  the  question;  and  I 
have  been  led  into  these  remarks  by  those  to  which  I  am  attempt- 
ing to  reply.  The  question  is  on  obtaining  from  the  President  of 
the  United  States  that  information  which  is  necessary  for  our  in- 
telligent action.  Is  this  war  to  shut  up  these  departments  and  re- 
store the  ancient  time  when  diplomacy  dwelt  in  darkness,  or  when 
the  arcana  of  State  were  to  be  kept  within  the  i/iler  pendralia  of 
the  templew  here  the  people  with  unclean  feet  had  no  right  to  go — 
where  the  people  had  no  right  to  meddle  with  the  mvsteries  of 
state?  These  days  have  passed  by,  and  I  hope  and  trust  that  the 
Senate  will  find  no  sort  of  objection  to  the  passage  of  this  resolu- 
tion. If  the  gentleman  desires  the  clause  allowing  the  exercise  of 
discretionary  powfir  to  the  President  mav  be  added.  If  there  be 
any  little  secret  spot — any  plague  spot — in  all  the  communications 
upon  this  subject,  it  can  be  kept  back.  Give  us  only  what  is  use- 
ful to  us.  That  is  all  that  is  wanted — that  is  all  that  is  asked  for. 
But  it  seems  that  gentlemen  are  not  willing — I  need  not  say  gen- 
tlemen— the  honorable  Senator  is   not  willing  that  we   should   be 


^142 


INSTRUCTIONS  TO  GEN.  SCOTT. 


[Thursday, 


.  be  permitted  even  to  interrogate  the  President.  I  hope  we  may 
be  allowed  to  interrogate  him,  and  that  we  may  have  this  infor- 
mation. 

Observe  how  this  thing  operates.  Amongst  the  information 
called  for  there  is  embraced  a  letter  from  General  Scott  and  that 
is  communicated  to  the  honorable  Senator  himself,  and  a  ))art  of 
it  is  read  to  the  Senate.  Now  he  knows  that  it  is  contrary  to  all 
legal  rules  of  documentary  evidence  to  read  only  a  part.  We  have 
a  right  to  the  whole.  Is  the  liL'ht  to  be  measured  out  in  this  way? — 
a  portion  given  to  one  member  a;id  a  portion  to  another,  wliilst 
those  who  are  blest  with  the  full  blaze  of  day  are  to  have  the  whole 
of  it;  the  great  body  of  us  being  left  to  wonder  in  ignorance  of 
those  great  subjects'which  demand  our  most  solemn  consideration 
and  responsible  action?  It  cannot  be  so,  sir.  The  gentleman,  if  I 
understand  aright,  has  read  an  extract  from  a  letter.  We  insist 
if  the  letter  can  be  confided  to  the  head  of  a  committee  it  may  be 
confided  to  the  Senate,  either  in  confidence  or  not,  as  the  Presi- 
dent pleases.  I  have  no  feeling  of  captiousness  upon  this  subject, 
and  not  the  slightest  personal  feeling.  I  think  it  is  the  right  of 
the  Senate  to  have  this  information,  and  that  if  access  to  the  Ex- 
ecutive departments  bv  the  legislative  bodies  is  to  be  precluded  in 
this  way,  we  must  become  nothing  but  the  shadow  of  a  legislature. 
It  is  altogether  contrary  to  former  practice  to  refuse  this  enquiry. 
Few  indeed  have  been  the  instances  in  which  such  a  resolution  has 
been  opposed,  and  never  upon  the  vague  generalities  now  put 
forward.  , 

Mr.  CASS. — One  word,  Mr.  President.  I  cannot  ^uSer  myself 
to  be  misunderstood  by  the  exertion  of  the  great  talents  of  the 
honorable  Senator  from  Kentucky,  nor  by  liis  manner,  always  im- 
posing, though  often  sarcastic.  I  must  say,  that  the  honorable 
Senator  has  exhibited  great  ingenuity  in  putting  iiis  own  construc- 
tion upon  my  meaning.  I  wish  now  to  give  my  own.  In  the  first 
place,  the  extract  read  to  the  Senate  was  all  that  related  to  the 
.subject.  The  government  iletermincd  upon  a  certain  plan  of  ope- 
ration, and  to  carry  that  into  elVeet  asked  for  fifty  thousand  men. 
General  Scott  has  submitted  some  three  or  four  plans  without  ai- 
ving  the  ])referenee  to  one.  The  government  had  adopted  one  of 
these  plans  and  asked  for  the  necessary  legislative  measures  to 
carry  it  into  efl^ect.  All  that  relates  to  this  plan  was  contained  in 
the  extract  that  I  read,  and  the  Senate  was  thus  put  in  possession^ 
of  the  views  of  the  government  and  the  commanding  general  on 
the  topic  which  occupies  their  attention.  All  else  was,  in  fact,  luit 
speculations'.  Well,  now,  the  honorable  Senator  from  Kentucky 
seems  to  think,  that  I  see  a  secret  in  everything,  whilst  he  sees  a 
secret  in  nothing.  The  subject  is  exceedingly  clear.  I  did  not 
say  that  there  were  any  secrets  at  all  involved  in  this  call.  All  I 
maintained  was  the  great  princijdo  in  all  governments,  that  during 
the  time  of  war  caution  was  to  be  exercised  in  giving  publicity  to 
specific  plans  of  the  campaign.  In  that  connection  there  must  be 
secrets. 

Mr.  CRITTENDEN,  (in  his  seat.)— Certaitdy  there  may  be. 

Mr.  CASS. — What  sort  of  war  would  it  be  in  which  there  were 
no  secrets  ?  War  is  a  game  played  by  intelligent  and  experienced 
men,  not  by  men  who  show  their  hands  to  their  adversary.  The 
thing  is  impossible.  No  such  war  has  ever  been  waged  success- 
fully, and  no  such  war  will  be  waged  so  long  as  men  are  compel- 
led to  resort  to  wars.  No  secrets!  They  are  dishonorable  !  Every- 
thing should  be  known  !  And  a  commanding  General  who  sits 
down  bel'orc  a  city,  mu.st  begin  by  .sending  to  his  opponent  with 
the  summons  to  surrender,  a  true  abstract  of  his  force,  of  his  mu- 
nitions of  war,  and  his  means  of  subsistence  !  And  iVom  dav  to 
day  this  must  be  renewed  with  the  morning  report,  because  there 
sh(puld  be  no  secrets.  And  when  he  proposes  to  make  a  move- 
ment, with  the  same  abhorrence  of  secresy,  he  must  send  in  with 
a  flag  of  truce,  his  projct  of  operations — when  he  will  march 
such  a  day — -where  he  will  encamp  such  a  night — and  what  he  pro' 
poses  to  do — and  w-ith  what  amount  of  men  and  materiel.  This 
may  all  be  very  chivahic,  but  it  would  not  bo  verv  well  received 
in  this  age  of  the  world.  No  sir,  there  must  of  necessity  be  secrets 
wijh  regard  to  the  conduct  of  the  war.  With  respect  to  the  gen- 
eral operations  which  the  government  directs,  I  see  no  objection 
to  disclosing  them. 

The  honorable  gentleman  says,  that  I  advocated  the  swallowing 
of  Mexico,  and  he  will  pardon  me  for  saying  it,  but  in  a  snee"- 
in"  tone  he  asks,  shall  it  be  done  limb  by  limb — and,  sir,  would  it 
affect  digestion  ?  Mr.  President,  I  will  "not  stop  to  dispute  with  the 
honorable  Senator  about  words.  He  may  talk  sarcastically,  of  a  just 
indemnity,  of  Faking  Mexican  territory,  limb  by  limb,  and  swallow- 
ing It.  There  are  few  things,  however  .serious,  which  may  not  be 
turned  into  ridicule.  It  is,  however,  no  test  of  truth.  Mr.  Jef- 
ferson spoke  of  the  gradual  augmentation  of  our  country  which 
he  foresaw  and  approved,  and  called  it  extending  freedom  piece 
by  piece.  Now,  sir,  I  prefer  this  cxjiression  of  Mr.  Jefieison 
piece  by  piece,  to  the  expression  of  the  bonoiable  Senator  from 
Kentucky,  limb  by  limb.  Though,  if  we  cannot  get  the  territorv. 
that  wc  are  justly  entitled  to,  without  that  expi^ssitui,  I  am  \\]l. 
ling  to  take  it  limb  by  limb. 

iVIy  allusion  to  this  subject  was  in  this  wise.  The  honorable 
Senator  from  South  Carolina,  in  his  siicach  a  few  days  since,  dep. 
recaied  the  absorption  ol  all  Mexico,  which  measure,  if  adopted  he 
considered  to  be  latal  to  this  government.  Now,  sir,  what  was 
my  remark  in  reference  to  this!  Rather  light  in  manner,  iierhaps, 
but  suOriciently  clear  in  its  meaning — that,  this  government  would 


stand  a  great  deal  of  killuig;  and  that  I  did  not  believe  even  the 
swallowing  of  all  Mexico  would  be  fatal  to  it;  though  I  w-as  not 
myself  in  lavor  of  the  measure.  I  was  satisfied  with  taking  a 
reasonable  territorial  indemnity,  if  the  Mexicans  would  cede  it 
leaving  the  subsequent  relations  of  the  two  countries  to  be  deter- 
mined by  subsequent  events.  Well,  sir,  I  repeat  again  that  I 
have  no  belief  that  if  Mexican  independence  were  annihilated  to- 
morrow, and  the  whole  country  annexed  to  the  United  States,  it 
would  kill  us. 

And  I  believe  there  is  nothing  under  heaven,  which  can  kill  this 
government,  but  the  people  themselves.  That  is  ray  opinion  of  its 
power  of  vitality.  Ever  since  I  have  been  upon  the  stage  of  action- 
our  country  has  been  killed  by  prophets  of  evil,  crying  "woe, 
woe,  to  Jerusalem."  Cassandras  predicting  a  crisis  to  day  and 
destruction  to-morrow.  Yet  we  havegone  on  from  increasing  to 
increase.  And  where  our  final  boundaries  are  to  be.  He  who  con- 
trols the  fate  of  empires  alone  can  tell.  I  did  not  suppse  that  the 
honorable  Senator  from  Kentucky  could  misunderstand  me,  or  have 
converted  a  figure  of  speech,  such  as  swallowing  a  nation,  into  an 
argument  to  be  refuted  by  a  serious  analogy  to  the  human  body. 
War  and  conquest  are  means  to  attain  an  end,  and  they  are  con- 
trolled in  their  general  operations  by  the  law  of  nations.  They 
are  to  be  directed  by  the  Executive  government,  upon  its  respon- 
sibility, subject,  of  course,  to  the  supervision  of  Congress,  with 
the  great  object,  in  the  present  instance,  of  making  a  speedy  and 
honorable  peace  with  Mexico.  The  honorable  Senator  says  that 
we  are  now,  ''in  fact"  at  peace.  What  this  qualification  "in  fact" 
means,  I  do  not  know.  The  Me.xican  government  is  resisting  ;  a 
fugitive,  sometimes,  travelling  from  place  to  place,  still  resisting, 
.still  unable  or  unwilling  to  do  us  justice.  When  Mexioo  iswUling 
to  do  us  that  justice  which  you,  Mr.  President,  and  I  believe  all 
this  side  of  the  Senate  believe,  and  some  portion  on  the  other,  to 
be  dui^to  us,  then,  and  not  till  then,  we  mav  relax  our  exertions — 
as  wo  shall  have  conquered  a  peace.  But  I  repeat  what  I  before 
said,  that  the  longer  Mexico  continues  her  obstinate  rejection  of 
reasonable  indemnity,  and  the  greater  the  exertion  she  compels  us 
to  make,  the  greater  will  be  our  demands,  and  the  heavier  her 
losses.  What  we  would  have  accepted  last  vear,  or  even  at  the 
eommencement  of  the  present  campaign,  we  may  well  refuse 
now  ;  and  what  we  would  accept  now,  we  may  well  refuse  after 
a  few  months.  And  how  much  the  public  sent'im'ent  of  this  coun- 
try may  demand  a  year  or  two  years  hence,  if  the  war  continues 
so  long,  I  do  not  pretend  to  predict.  We  may  have  to  make  the 
great  experiment,  so  dreaded  by  the  Senator  from  South  Carolina, 
anil  the  Senator  from  Kentucky,  and  annex  the  domains  of  Mex- 
ico to  our  own.  This  is  the  penalty  which  national  injustice  has 
often  been  called  to  pay,  and  which  Mexico  may  be  preparing  for 
herself. 

Mr.  CRITTENDEN.— I  know  that  in  time  of  war  in  the  con- 
duct of  armies  and  campaigns,  the  general  does  not  communicate 
to  the  enemy  the  route  by  which  he  intended  to  march,  or  the 
plan  which  he  has  adopted  for  attaining  his  objects.  But  the  in- 
formation now  sought  for,  the  Executive  is  of  an  entirely  different 
character.  The  argument  of  the  honorable  Senator,  it  is  evident, 
is  one  to  which  he  has  been  driven  by  the  necessity  of  his  case; 
and  I  say  again,  although  there  may  be  secrets,  and  certain  cir- 
cumstances what  it  mav  be  important  to  keep  concealed  for  the 
time,  these  now  asked  for  one  net  of  that  discription;  I  really 
wonder  how  the  gentleman  can  repeat  in  this  solemn  style  without 
a  smUe  upon  his  face,  the  asseveration  that  it  would  be  dangerous 
to  communicate  this  information  as  it  wonld  be  advantageous  to 
the  enemy  !  As  wed  might  it  have  been  said  during  the  war 
against  the  Seminoles,  that  information  should  not  be  given  lest 
the  Seminoles  might  get  it !  Because  in  another  state  of  affairs,  it 
might  be  proper  to  withhold  information,  it  does  not  follow,  that 
anything  is  to  be  kept  a  secret.  If,  as  the  Senator  says,  the  Exe- 
cutive has  no  secrets  what  it  's  not  willing  to  reveal,  why  this 
opposition  to  these  resolutions  of  inquiry?  The  Senator  now 
tells  us  the  contents  of  the  letter  from  General  Scott,  a  portion  of 
which  he  read  the  other  dav.  I  ask  if  this  sort  of  verbal  infor- 
mation is  to  be  communicated,  instead  of  the  ollicial  information 
to  which  the  Senate  is  entitled?  Is  the  inqiury  of  the  Senate  to 
be  stifled  by  some  gentleman  taking  upon  himself  the  responsibility 
of  getting  up  here  and  speaking  for  the  government,  and  giving  us 
what  he  reports  as  the  substance  of  information  ?  No.  We  have 
a  right  to  the  information  in  its  authentic  and  otlicial  form,  in  that 
we  may  see  what  it  contains:  no  more  and  no  less.  So  that  we 
have  a  right.  I  have  every  confidence  in  the  honorable  Senator. 
His  statement  to  mo  personally  in  relation  to  a  matter  of  our  private 
confidence  would  be  as  salisfactorv  as  any  testimony,  but  as  he  will 
perceive  is  not  the  quest  iini  now.  Wc  have  a  right  to  the  olficial  infor- 
mation, that  cjur  constituems  may  see  and  read  it  ;  and  that  it  may 
go  to  tliem,  not  in  the  unauthenticated  form  of  verbal  commnnica- 
tion  here,  but  in  the  euthentic  form  of  a  government  document. 
He  knows  and  perceives  this;  and  I.  ask  again,  with  great  defer- 
ence to  the  honorable  Senator,  and  without  detracting,  or  intend- 
ing to  detract,  from  his  just  and  deservedly  eminent  station  here, 
and  in  the  country  at  large,  why  is  it  that  the  secrets  so  important 
to  be  kept,  ^llould  be  eoiumunicated  to  him  standing  on  the  same 
fooling  with  us,  but  wilhhcld.  as  sacred,  from  us  ?  Is  this  to  be  a 
chosen  body  of  enlightened  legislators  here,  and  another  body, 
who,  at  their  peril,  are  to  follow  them  without  information  and  in 
darkness  ?  W  ill  the  gentleman  contend  for  that,  and  does  not  see 
that  to  that  his  argument  leads?  He  is  furnished  with  informa- 
tion, and  any  other  Senator  may  be  furnished  with  information,  and 


January  20.] 


INSTRUCTIONS  TO  GEN.  SCOTT. 


143 


lie  is  to  deal  it  out  to  the  Senate  according  to  the  exigency  of  the 
case,  and  his  knowledge  of  that  portion  of  light,  or  of  twi-light,  is 
to  ensure  their  concurrence  in  the  measure  proposed  !  There  is  to 
be  a  great  distinction  of  light  and  knowledge;  and  when  we  ask 
for  more,  we  are  told  it  may  be  mischievous,  and  may  get  to  those 
to  whom  we  do  not  wish  to  give  information  !  This  argument  is 
ol  universal  application.  It  applies  equally  to  your  call  for  useful 
information  as  to  any  other.     To  every  inquiry,  you  will  have  the 

reply -'Secrets!  secrets!  government  secrets  !     All  nations  must 

have  seerets — vou  cannot  expect  us  to  give  you  the  secrets ! — 
There  is  an  impenetrable  region  into  which  the  curiosity  of  the  pro- 
fane must  not  seek  to  enter  !"  This  is,  I  must  say,  a  novel  doc- 
trine, and  anew  sort  of  (S-guraent — a  new  sort  of  application,  al- 
together, of  a  principle  acknowledged  by  all  in  its  proper  filace, 
and  with  ils  inst  appreciation.  I  hope,  sir,  such  a  doctrine  is  not 
to  be  sanctioned  by  a  vote  of  the  Senate,  refusing  the  information 
asked  for  in  the  resolution. 

Mr.  ALLEN.— I  understood  the  honorable  Senator  from  North 
Carolina  to  say.  that  lie  had  no  objection  to  the  insertion  of  the 
usual  words  in  the  resolution,  "if  not  incompatible  with  the  public 
interest,"  .so  as  leave  it  discretionary  with  the  President. 

Mr.  MANGUM.— I  said  so,  sir. 

Mr.  ALLEN. — I   shall  have  no  difficulty  then  in  voting  for  the 
resolution — none  whatever — so  far  as  the  General  Order — that  has 
appeared  in   Me.Kico — is  concerned,   it  is  not  to  be  supposed  that 
any  General  officer  under  any  circumstances  would  issue  an  order 
of  that  magnitude,  without  the  authority,  either  express  or  impli- 
ed, of  his   government.     I  do  not  suppose,  therefore,  that  any  se- 
crets can  be  disclosed  upon  this  subject.     I  am  glad  that  the  sub- 
ject of  "secrci-s"  has  attracted  so  much  attention  in   this  body,  as 
I  think  it  is  always  of  advantage  to  to  the  interests  of  the  country 
that  the  question  of  '-secrets"  should  be  considerably  canvassed. — 
I    shall   therefore  embrace  this  occasion  for  renewing   my  ancient 
motion  for  opening  the  doors  of  ihe  Senate  on  all  occasions,  save 
one.     But,  why,  sir,  are  we  so  much  alTrighted  at  "secrets"  when 
we  ought  to  begin  by  making  our  own  acts  public  ?     It  is  only  be- 
cause a  large  portion  of  our  own  acts  are  not  made  public,  tliat  I 
am  now  not  permitted  to  recur  to  facts  which  I  could  adduce,  -with 
overwhelming  influence   on  the  discussion  of  this  questionof  secre- 
cy.    But,  sir,  I  shall  tender  my  ancient  resolution,  and  I  shall  test 
the  spirit  of  publicity  whi..-h  is  now  displayed  in  words  in  this  dis- 
cussion.    I  believe,  sir,  that  if  every  document  upon  file  in  the  De- 
partment of  State  and  in  the  Department  of  War,  were  this  day 
opened    to   the   full    light    of  the  snn,   the  government  would  be 
stren"thened  far  more  than  weakened  by  the  disclosure.  It  is  rather 
an  Executive  liabit  than  an  Executive  necessity;  it  is  because  the 
preceding  Executives  have  done  this  thing  that  the  present  E.xecutive 
does  it.  He  feels  himself  more  bound  by  precedent  than  by  principles 
upon  this  subject. — His  predecessors  have  uniformly  acted  upon  the 
principle  that  the  disclosure  of  some   parts  of  the  inlbrmation  in 
their  possession  might  tend  lo  the  prejudice  of  the  juiblic  interest. 
And  it  is  upon  the  authority  of  the   practice  of  his  predecessors 
that  the  Executive  acts  rather  than  upon  the  existence  of  any  se- 
cret reason  for  his  conduct.     And  I  am  willing  as  far  as  my  vote 
is  concerned — if  I  could  give  it  detached  from  other  considerations — 
to  vote — to  let  in  the  full  blaze  of  the  sun  upon  every  transaction 
that  paper  contains  growing  out  of  this  war.     I  should  like  myself 
to  see  the  estimates  made  by  the  Generals-in-Chief,  commanding 
those  two  colums  in  Mexico,  and  also   their   advice  given  to  the 
Executive  at  the   incipient   stages  of  the  war — advice   sought  be- 
cause one  of  the  parlies  from   whom   it  was  sought  ,  wns  at  the 
head  of  the  American  army  and   had  therelore  a  right  to  be  con- 
sulted by  the  Executive  who  is  not  a  military  man.     I  should  like 
to  see  a'U  these  things,  sir,  so   that  I  might  know  to  what  extent 
any  one  or  all  of  these  6eueials'  may  be  responsible — I  do  not  say 
for  the  origin  of  the  war  but  for  the  manner  in  which  it  has  been 
prosecuted. — Sir,  I  do  not  speak  authoritatively.     I  am  not  now  at 
the  head  of  any  committee  which  authorises  me   to  go  into  the  se- 
veral departments  and  make  inquiry  in  relation  to  these  subjects. 
I  am  not  charged  particularly  or  expressly  with  any  branch  of  the 
Senate's  business,  and  therefore  I  know  nothinsr  personally  as  to 
whot  facts  are  or   are  not   contained  in  the  archives  of  the  Execu- 
tive department.     Now,  sir,  upon  another  branch  of  this  subject. — 
The  honorable  Senator  from  North  Carolina  who  has  the  lead  up- 
on the   question  of  opening  the  doors  and  admitting   all  the  infor- 
mation that  maybe  in  the  possession  of  the  Executive,  agrees  with 
me  upon  this  question,  and  I  shall  introduce  my  ancient  resolution 
to-morrow,  or  at  ihe  next  meeting  of  the  Senate.     I  hope  then  to 
have  the  aid    (so  potential  in  all  matters  in  which  he  takes  part,) 
of  the  honorable  Senator. — But  the  honorable  Senator  from  North 
Carolina  wants  the  information   called  for  by  this  resolution  and 
other  information  for  a  certain  purpose.    Now,  what  is  this  purpose? 
Why  It  is  to  know  what  arc  the  political  designs  of  the  Executive  in 
regard  to  the  war;  that  is  to  say  what  are  his  desires  as  to  the  result 
of  the  war  !     Now  the  Presidont  of  the  United  States  is  only  one 
branch  of  the  government  of  the  United  States.     Congress  is   an- 
other.    A  leading  statesman  of  this  country,  whose  voice,  possibly, 
is  as  potential  within  as  it  is  without  these  walls,  has  laid  it  down  as 
a  right  belonging  to  the  two  Houses   of  Congress,  not  that   they 
should  call  upon  the  President  to  know  what  he  means,  but   that 
they  should  express  what  they  mean  should  be  the  end  and  objects 
of  the    war.     Therefore,    if  the   honorable  Senator   from    North 
Carolina  has  any  extreme  solicitude  upon  this  subject,  it  is  of  far 


more  importance  for  him  to  know  what  Congress  means,  than  to 
know  what  the  President  means;  because  the  President  cannot  act 
without  the  consent  of  Congress.  Now,  if  the  Senator  desires  to 
know  what  Congress  means  to  do,  what  object  they  desire  to  ac- 
complish, the  mode  in  which  he  can  ascertain  it  is  simply  to  ofTer  a 
resolution  declaring  what  Congress  means  shall  be  the  objects 
aimed  at  in  the  prosecution  of  this  war.  It  is  o'"  no  consequence, 
sir,  upon  this  great  question  to  quibble  about  what  the  President 
may  secretly  design.  We  are  told  by  the  high  authority  with  the 
gentleman  and  his  friends,  that  it  is  the  right  and  duty  of  Con- 
gress to  declare  what  shall  be  the  objects  and  purposes  of  this 
war.     Let   them  come   up  to  the   mark,  and  lay  before  us  their 


Mr.  SEVIER. — I  would  suggest,  Mr.  President,  that  the  time 
has  arrived  for  the  consideration  of  the  special  order  of  the  day. 

Mr.  ALLEN. — ^Yes,  sir,  I  am  doubtless  trespassing  upon  the 
time  that  ought  to  be  devoted  to  my  honorable  friend's  speech.  I 
have,  however,  but  a  few  words  more  to  say,  and  really  I  did  not 
intend  to  enter  at  all  into  ibis  discussion,  but  the  debate  seems  to 
have  sprcad-itself  out  to  such  an  extent  that  I  could  scarcely  avoid 
engaging  i  i  it.  I  shall  vote  for  the  Senator's  resolution  when  the 
addition  is  made  which  he  says  he  is  willing  to  make.  I  desire 
that  addition  made,  because  this  has  always  been  the  practice,  out 
of  respect  of  the  executive  branch  of  the  government,  as,  for  in- 
stance, we  use  the  word  "request"  when  we  address  the  Execu- 
tive, and  the  word  ''(ftrect"  when  we  address  the  various  subordi- 
nate departments.  It  has  been  for  the  purpose  of  expressing  these 
views  that  I  have  trespassed  upon  the  time  of  the  Senate. 

Mr  MANGUM. — I  am  extremely  reluctant,  sir,  to  encroach 
upon  the  time  which  belongs  to  the  honorable  Senator  from  JMts- 
sissippi,  but  some  remarks  have  been  made  which  absolutely  de- 
mand some  reply. 

Mr.  FOOTE. — It  will  give  me  much  pleasure  to  give  way  to 
the  Senator. 

Mr.  MANGUM. — I  have  very  few  observations  to  make,  and 
they  will  occupy  but  a  few  moments  :  and  I  must  begin  by  con- 
gratulating the  honorable  Senator  from  Ohio,  on  the  advaiiee  ho 
iias  made  within  a  few  days  in  regard  to  disclosing  all  seerets. 
And  I  congratulate  the  Senator  from  Georgia,  on  the  prospect  he 
has  of  the  powerful  assistance  of  the  Senator  from  Ohio,  upon  that 
resolution  of  his,  which  was  laid  upon  the  table  this  morning,  call- 
ing for  information  as  to  the  communications  of  the  commanding 
generals,  about  the  period  of  the  beginning  of  this  war,  eitlier  of 
advice,  suggestions  or  otherwise. 

This  resolution,  sir,  was  drawn  with  great  care,  (hastily  to  be 
sure,)  and  was  not  designed  to  trench  on  any  thing  that  might  be 
supp.iscd  to  affect  injuriously  the  interests  of  the  country.  But, 
sir,  the  honorable  chairman  of  the  Committee  on  Military  Affairs 
very  properly  says  that  many  things  should  be  withheld  on  account 
of  the  contest  in  which  we  are  engaged.  But  docs  he  mean  to 
say  that  he  is  to  be,  entrusted  with  information  which  we  are  not 
to  be  entrusted  with?  We  want  light  on  this  subject.  As  one  of 
the  minority,  sir,  how  can  I  look  into  the  Executive  mind  and  dis- 
close the  purposes  which  are  there  intended?  Let  the  world  have 
the  information,  sir,  and  the  world  will  either  sustain  you  or  refuse 
to  sustain  you.  I  should  like  to  know  from  the  honorable  chairman 
of  the  Committee  on  Military  Affairs  what  we  are  to  do  when  the 
conquest  of  Mexico  is  complete?  If  there  is  no  government  to 
treat  with  us  now,  what  will  we  do  with  Mexico  then,  sir?  These 
are  important  matters  that  involve  ultimately,  in  my  judgment, 
the  stability  of  our  free  institutions.  For  one,  I  would  like  to 
know  if  the  republic  of  Mexico  falls  into  our  hands,  what  is  to  be 
done  with  it?  This  is  the  main  point  that  I  desire  light  upon;  I 
do  not  care  a  fig  for  the  views  expressed  to-day,  farther  than  they 
relate  to  this  point.  Will  the  honorable  chairman  of  the  Commit- 
tee on  Military  Affairs  condescend  to  inform  us  wha'  be  means  to 
do  with  Mexico  after  it  is  conquered?*  Will  he  enlighten  us  as  to 
the  distinct  purposes  of  the  Executive  respecting  her?  What 
shall  be  done  with  this  unfortunate  Republic,  after  it  falls  into  our 
hands?  I  think  that  Congress  has  a  deep  and  profound  interest  in 
this  enquiry.  Sir,  I  care  not  a  fig,  as  I  have  already  said,  whether 
ihis  resolution  passes  or^not,  if  the  honorable  chairman  of  the 
Committee  on  Military  Affairs,  in  his  official  capacity,  will  only 
give  mo  light  on  this  single  point.  He  goes  for  the  conquest  of 
Mexico,  which,  I  lake  it,  implies  the  annihilation  of  that  govern- 
ment. How  then  are  you  to  make  peace?  I  only  wish  to  add  a 
single  remark  in  reference  to  the  honorable  Senator  from  Ohio  in 
regard  to  his  "ancient"  resolutions.  I  shall  go  for  any  additional 
li^ht — for  the  removal  of  any  secrcsy — and  for  the  obtaining  of  any 
inlormation  that  may  be  necessary  to  aid  us  in  the  discharge  of  our 
duties. 

Mr.  ALLEN. — Will  the  honorable  Senator  accept  of  the 
amendment? 

Mr.  MANGUM.— I  said  I  would  do  so. 

Mr.  DOUGLAS. — Do  I  understand  that  the  modification  is 
made? 

The  PRESIDING  OFFICER.— It  is. 


144 


THE  TEN  REGIMENT  BILL. 


[Thursday  J 


The  question  was  then  taken  on  the  re^^^lution  as  amended,  and 
It  was  adopted. 

THE    TEN   REGIMENT    BILL. 

The  Senate  re.5nmed  the  consideration  of  the  bill  to  raise,  for  a 
limited  time,  an  additional  military  force. 

Mr.  FOOTE— 

Mr.  President  :  I  tliink  it  must  be  acknowledged  that  this  de- 
bate has  been  marked  with  peculiar  rancor,  on  the  other  side  ol 
the  Chamber,  and  that  terms  of  scurrilous  reproach  have  l>ecu 
IVeelv  indulTcU  towards  the  President  of  the  United  States, 
equally  doro.'alory  to  the  dignity  of  this  body,  unfit  to  be  applied 
to  the  first  magistrate  of  this  great  nation,  and  entirely  unmerited 
iu  point  of  fact.  One  gentleman  has  not  hesitated  openly  to  charge 
the  Executive  with  falsehood,  in  regard  to  his  declaration  ol  the 
objects  of  tlie  war;  whi<:h  is  notliiiig  more  than  a  coarse  version  ol 
what  is  reported  in  a  paper,  which  I  hold  in  my  hand,  to  have 
emanated  from  a  distinguished  Senator  now  in  my  eye,  at  Spring- 
tield  last  September,  about  "pretexts,  eva.sions,  pretences,  alter- 
thou"hts,"  &c.,  &o.  Another  gentleman  charges  lalseliood  by 
inuendo,  and  assumes  with  something  of  pecuhar  grace,  and  cer- 
tainiv  witli  more  than  the  ordinary  dramatic  emphasis,  to  blush  lor 
the  President.  Another  charges  "disonesty,"  '-robbery  "  "pill- 
aoe  ■'  and  ••murder;"  another,  •■hypocrisy,"  another  a  '  violation 
of  the  constitution."  another,  "the  usurping  of  powers  properly 
belon^in"  to  Congress."  Now,  if  the  President  be  hall  as  guilty 
as  hels  accused  by  honorable  Scn.itors  of  being,  he  ought,  for  the 
honor  of  the  country,  to  be  iinniediately  impeached;  and  I  a  little 
wonder,  under  all  the  circumstances,  that  a  great  Hastings  allair 
has  not  been  bef.ire  now  gotten  up;  considering  the  lusty  menaces 
which  we  know  to  have  been  thundered  forth  in  various  quarters, 
and  the  pregnant  fact,  that  at  least  one  member  of  this  body  is  re- 
ported to  irave  already  declared  that  he  is  impeachable.  I  wish 
distinguished  Senators  would  recollect  the  wise  requisition  of  the 
comuion  law,  lliat  even  jurors,  who  only  determine  the  facts  of  the 
case,  must  be  majores  omni  cxccplionc;  and  that  Justice  was  by 
the  ancients  painted  blind,  iu  order  to  indicate,  that  all  who  ap- 
proached her  sanctuary,  should  do  so,  free  from  all  preconceived 
prejudice,  and  exempt  from  all  exterior  influence.  I  take  the 
liberty  of  reminding  honorable  Senators,  whilst  indulging  these 
sun-gestions,  of  one  of  the  most  imposing  judicial  scenes  which  is 
recorded  in  ancient  annals,  the  trieil  of  Lucius  Cataline  by  the 
Roman  Senate.  The  beautiful  sentences  with  which  Julius  Caesar 
commenced  his  noble  speech  on  the  occasion,  contain  a  maxim 
which  I  fear  is  almost  too  elevated  for  even  this  Christian  genera- 
tion. ''Omnes  homines,  qui  de  rebus  dubiis  consultant,  ab  odio, 
amicitia,  ira,  atque  misericordia  racuos  esse  decet.  Hand  facile 
animus  cenim  providet.  iibi  ilia  officiant.  Ncque  quisquam  omniuin 
tuuidini  simul  tt  usni  paruil.  Ubi  intenderis  ingenium,  valet. 
Si  Lubido  possidet,  ea  dominatur;  animus  nihil,  valet."  Now,  if 
certain  menaces  which  we  have  all  heard  of  in  regard  to  grave 
proceedings  elsewhere  against  the  first  magistrate  of  the  nation, 
were  as  honestly  announced,  as  they  have  been  iifdecently  paraded 
before  the  country,  there  may  be  yet  some  possibility  of  illustrious 
Senators,  when  called  on  to  perform  a  high  judicial  duty,  with  the 
Chief  Justice  of  the  United  States  presiding  in  this  Chamber,  either 
challenging  themselves  or  being  challenged  by  others  on  the  score  of 
incompetency  to  discharge  the  highest  functions  belonging  to  the 
body.  I  hope  to  witness  no  such  painful  and  perplexing  predica- 
ment; but  if  It  should  occur,  it  would  perchance  not  be  without  a 
salutary  influence  in  the  way  of  example. 

Mr.  President  ;  Before  1  conclude  what  I  have  to  say  upon  this 
occasion,  I  led  called  upon  to  notice,  and  if  possible,  in  some  de- 
gree to  counteract  certain  views  expressed  a  few  days  since  by 
the  venerable  Senator  from  South  Carolina;  and,  in  doing  so,  I  be- 
lieve that  he  at  least  will  not  question  my  sincerity  in  declaring 
that,  such  is  my  high  respect  for  his  extraordinary  powers  of  intel- 
lect, and  liis  numerous  virtues,  that  it  is  to  me  most  painful  to  dif- 
fer with  him  in  opinion  on  any  great  public  question-  It  would 
certainly  be  my  wish  to  remain  silent,  not>vithstanding  my  dissent 
from  his  views,  but  that  I  sliall  be  compelled  by  a  sense  of  duty,  to 
vote  in  opposition  to  tb<'.  honorable  Senator's  profound  and  inge- 
nious reasonings;  and  if  I  fiiil  to  state  sound  and  substantial  grounds 
for  doing  so,  I  shall  incur  the  risk  of  being  misunderstood  by  the 
whole  country. 

I  understand  the  Senator  from  South  Carolina  to  oppose  the 
measure  under  consideration,  on  the  ground  that  no  additional 
troops  are  necessary  for  the  attainment  of  any  legitimate  object. 
or  for  any  object  herclcilbre  avowed  by  the  Executive.  He  ar'nics! 
that  the  ccnnpicst  of  tlie  interior  regions  of  Mexico  has  advanced 
so  far,  that,  if  the  troops  now  there  are  not  speedily  withdrawn, 
to  what  he  calls  u  (h-fensivc  line,  we  will  incur  the  liazard  of  anni- 
hilating the  nationality  of  Mexico,  and  of  thus  failing  to  obtain  a 
treaty  of  jicace  at  all,  for  want  of  a  valid  governmeiu  with  which 
to  conduct  our  future  negotiations.  Mr.  President,  I  will  not  un- 
dertake to  decide  wheiher  or  not  the  Senator  from  South  Carolina 
be  ri-jht  in  supposing  that  Mexico  is  in  such  imminent  dan- 
ger of  loosing  her  nationality,  f  his  may,  <ir  may  not  bo  the 
case.  It  is  certain  that  those  who  are  best  acquainted  with  the 
precise  condition  of  things  in  Mexico,  think  otherwise.  The  Pres- 
ident still  continues  to  avow  liis  warm  dcsiri',  and  confident  ex- 
pectation, that  a  treaty  will  yet  be  elVccted  with  the  Mexican 
govorimicnt,  which  will  be,  at  the  same  time,  honorable  tons,  and 


neither  unjust  nor  ungenerous  to  onr  obstinate  adversary;  and 
siicn  is  my  respect  for  his  wisdom  and  thorough  sincerity  of  heart, 
that  I  do  not  feel  at  liberty  to  refuse  him  any  aid  whicii  I  am  ca- 
pable of  rendering  for  the  eventual  attainment  of  this  long-sought 
object.  Gen.  Scott,  too,  seems  still  to  calculate  upon  an  early  pa- 
cification, and  has  just  announced  a  most  impcsing,  and,  as  I  think, 
most  judicious  plan  for  bringing  it  about;  and  I  have  too  high  an 
esteem  for  him,  als3,  both  as  a  commander  and  a  patriot,  not  to 
feel  a  most  decided  deference  for  his  judgment  about  this  matter. 
Cui  iibet  credendum  est  in  sua  arte,  is  as  much  a  maxim  in  military 
aflairs,  as  in  the  concerns  of  civil  lie;  and  I  freely  acknowledge, 
that  the  comniander-in-i'bief  in  Mexico,  with  his  extensive  expe- 
rience as  an  ollicer,  and  his  familiar  acquaintance  with  the  re- 
.sourees,  devices,  and  ])iesent  temper  of  the  foe,  is  to  be  presumed 
to  enjoy  a  peculiarly  favorable  opportunity  of  determining  whether 
or  not  we  will  be  at  all  likely  to  succeed  in  ultimately  conquering 
a  peace  ;  and  so  long  as  he  seems  to  testify  a  generous  confidence 
in  his  being  able  eventually  to  accomplish  that  for  which  we  have 
been  so  long  struggling,  I  .should  as  soon  do  any  thing  else  which 
might  be  calculated  to  put  the  honor  of  the  country  in  danger,  as 
refuse  to  vote  him  supplies  of  men  and  money,  to  any  extent  which 
may  be  judged  necessary  to  the  complete  and  early  success  of  his 
military  operations.  I  can  never  consent  for  one  to  withdraw  our 
army  to  any  merely  defensive  line,  so  long  as  any  hope  of  obtaining 
a  trea^y  of  peace  may  remain;  nor  will  I  consent  to  do  so,  so  long 
as  there  may  be  a  chance  of  practical  pacification,  of  a  nature  to  be 
relied  on,  independent  of  treaty,  provided  a  treaty  turn  out  to  be 
unattainable.  I  cannot  perceive  any  possible  advantage  which  would 
be  likely  to  accrue  from  the  adoption  of  a  defensive  line;  but,  on  the 
contrary.  I  behold  manifold  evils  and  inconveniences  too  obvious 
in  themselves  and  too  often  insisted  upon  heretofore,  in  different 
forms,  to  need  any  special  citation  at  this  time.  This  defensive 
line  project  seems  to  be  with  the  distingushed  Senator  from  South 
Carolina,  a  perfect  panacea  for  all  the  troubles  of  this  Mexican 
war,  in  whatever  stage  ol  it  we  may  be.  Last  winter,  when  Ge- 
neral Taylor  had  only  penetrated  the  States  m  the  neighborhood 
of  the  Rio  Grande,  a  withdrawal  to  a  defensive  line  was  earnestly 
recommended.  Now  we  have  attacked  and  captured  the  strong 
castle  of  San  Juaii  d'UUoa,  taken  Vera  Cruz,  Jalapa,  Perote, 
Puebla,  and  Mexico,  and  are  proceeding  rapidly  to  seize  all  the 
remaining  strong  places,  to  possess  ourselves  of  the  public  reve- 
nues, put  down  Guerilla  warfare,  and  reduce  the  cneinv  to  such 
straits  as  must  infallibly  render  him  in  a  short  time  altogether 
hopeless  of  being  able  to  make  further  resistance  ;  and  the  Senator 
from  South  Carolina,  with  a  consistency  which  seems  to  bid  proud 
defiance  to  eveiytliing  like  change  of  circumstances,  is  heard  to 
exclaim,  still  more  emphatically  than  before  ;  "Why  do  you  not 
fall  back  to  my  defensive  line  ?"  with  this  notable  alteration,  which 
the  events  of  the  last  tv\'elve  months  have  been  able  alone  to  effect 
that  the  honorable  Senator  does  not  find  it  convenient  to  tel  lus  now 
where  this  same  defensive  line  of  his  should  run  ;  and  he  proposes, 
therefore,  to  convoke  a  council  of  officers  to  settle  this  important 
point.  A  strange  council  this  would  be,  by  the  bye  ;  as  it  would  be 
composed  necessarily  of  gentlemen,  all  of  whom  would  infallibly  and 
very  promptly  declare  tlieir  opinion  to  be,  ihat  nothing  on  earth 
could  be  imagined  more  injudicious  or  perilous  than  the  adoption 
any  defensive  line  whatsoever.  I  hope  not  to  e.xliiijit  the  ap- 
pearance of  dogmatism  on  this  point  ;  but,  after  the  most  diligent 
inquiries  which  I  was  capable  ol  instituting,  I  feel  authorised  to 
assert  my  belief,  that  it  would  be  exceedingly  diliicult,  if  it  would 
not  be  impossible,  to  find  in  the  whole  army,  a  single  officer  of  re- 
sjiectably  high  grade,  who  would  risk  his  reputation  as  a  military 
man  so  far  as  to  give  sanction  to  the  adoption  of  the  defensive  line 
of  policy  recoiumciuled  by  the  honorable  Senator.  But  says  the 
Senator  from  South  Carolina,  if  you  remain  in  the  central  portions 
of  Mexico  much  longer,  and  especially  if  you  increase  the  strength 
of  your  army  there,  you  will  break  down  the  Central  government, 
and  destroy  the  last  vestiges  of  nationality.  As  I  before  observed, 
this  may  be  so,  or  it  may  not  be  so  ;  but  no  iilattcr  what  may  be 
the  precise  efi'ect  of  remaining  in  Mexico,  in  regard  to  our  own 
municipal  condition,  I  am  of  opinion,  that  as  we  marched  into  the 
country  lU  order  to  achieve  indemnity  for  the  past,  and  security  for 
the  future,  we  never  can  honorably  withdraw  our  troops  until  we 
obtain  them  both  in  the  most  unequivocal  manner.  And  though  it 
is  true  as  urged  by  a  Senator  on  the  other  side  of  tlie  chamber, 
that  we  went  to  war  for  free  trade  and  sailors  rights  in  1812,  and 
came  out  of  it  in  1815,  without  having  secured  either  ;  notwith- 
standing, the  dclav  of  a  few  months,  as  we  now  know,  through  the 
instrumentality  ol  the  battle  of  New  Orleans,  would  have  given  us 
all  for  which  we  -assumed  hostilities  ;  yet  I  can  see  no  suHicient 
reason  in  this  melancholy  example  of  national  discredit,  which 
should  induce  us  now  to  yield  to  tlie  triple  counsels  of  the  yet  sur- 
viving sages  who  negoti.'itcd  the  treaty  of  Ghent,  and  who  are  at 
present  so  happily  agreed  in  tlic  policy  of  getting  out  of  this  war 
with  Mexico  by  a  resignation  of  nil  the  objects  tor  which  it  has 
been  heretofore  jnoseeuted  ;  so  far  even  as  to  strike  down  our  na- 
tional Uag  again  without  further  ceremony,  and  confess  by  impli- 
cation at  least,  that  we  went  to  war  unjustifiably,  and  have  spilled 
blood  and  wasted  treasure  without  even  the  appearance  of  decent 
pretence  ;  much  less  of  full  justification. 

The  Senator  from  South  Candina  thinks  though,  that  our  re- 
maining in  Mexico  may,  by  ]nitting  an  end  to  Mexican  nationality, 
cil'ectuallv  prevent  our  reception  of  indemnity  and  security,  through 
the  medium  of  a  treaty  of  peace  ;  inasmuch,  as  though  one  nation 
may  make  war,  it  requires  two  to  make  a  peace,  ilere  I  differ 
with  him  agam — it  requires  two  to  agree  upon  a  peace  by  treaty  ; 


January  20.] 


THE  TEN  REGIMENT  BILL. 


145 


but  whether  we  get  a  tre.aty  by  remaining  in  Mexice,  or  not,  we 
are  certain,  at  any  rate,  of  obtaining  a  practical  pacification,  ac- 
companieJ  with  all  we  have  demanded,  and  perchance  more  ; 
whether  Mexico  shall  have  intermediately  lost  her  nationality  by 
our  failure  to  retreat  to  a  defensive  lino  at  a  great  distance  Irora 
her  capital,  or  shall  have  retained  it. 

The  venerable  Senator  from  South  Carolina  will  permit  me  to 
remind  him  of  the  fact,  that  he  was  opposed  to  the  invasion  of 
Mexico  last  winter,  at  the  point  of  Vera  Cruz,  in  part  at  least 
because  he  deemed  the  Castle  of  San  Juan  de  UUoa  impregnable  ; 
and  not  alone  from  a  fear  of  destroying  Mexican  nationality  ;  and 
this  excessive  fear  as  to  the  extent  of  injuiry  which  our  inveterate 
enemy  may  happen  to  receive  at  our  hands,  I  consider  one  of  the 
most, remarkable  events  in  this  age  of  niisdirccted  philanthropy 
and  ''idle  and  masterly  inactivity."  Let  rae  recur  to  the  pages  of 
classical  history  for  a  moment.  Livy  informs  us  that  when  Seipio 
Africanus  proposed  to  the  Roman  Senate  to  enter  upon  his  scheme 
of  invading  Africa,  the  aged  Fabius  Maximus,  always  a  remarka- 
bly cautious  man,  and  ill  whom  we  may  well  suppose  that  the  efflux- 
ion  of  years  had  greatly  cooled  the  fervor  and  diminished  the  hope- 
fulness of  earlier  days,  opposed  the  scheme  most  stoutly,  and  even 
inveighed  against  Seipio  as  a  rash,  visionary,  ambitious  young  man, 
who  was  willing  to  expose  his  country  to  unnecessary  peril,  in  or- 
der to  gratify  his  morbid  and  eager  cravings  after  military  fame. 
The  nonle  old  Roman — for  still  Roman  he  was,  despite  his  fond- 
ness for  "idle  and  masterly  inactivity"  in  attempting  to  counteract 
the  scheme  of  invasion — spoke  of  '"the  enormous  expense  of  the 
undertaking  ;  not  a  single  harbor  open  to  our  fleet  »  no  part  of  the 
country  at  peace  with  us  ;  no  State  our  ally  ;  no  King  our  friend  ; 
no  room  anywhere  either  to  stand  or  advance."  Well,  Fabius 
failed  in  his  attempt  to  defeat  the  African  expedition,  as  a  greater 
than  Fabius  did  last  winter  in  regard  to  the  expedition  to  the  coast 
of  Mexico,  whose  complete  success  is  now  one  of  the  most  glo- 
rious pages  o^  our  history  as  a  nation.  Seipio  sojourned  for  a  few 
months  in  Sfeily,  as  General  Scott  did  at  tlie  island  of  Lobos  last 
year  ;  and  finally  landed  on  the  .African  coast  and  strided  rapidly 
from  victory  to  \  ictory,  overturning  in  his  impetuous  course  seve- 
ral large  armies  under  Syphax  and  Hasdrubal  ;  and  finally  pre- 
pared to  strike  a  fatal  blow  at  the  vitals  of  C.arthagenian  nation- 
ality. Now,  what  would  have  been  the  surprise  of  his  own  eoun- 
trv,  and  the  regret  of  all  posterity,  had  Fabius  Maximus,  in 
niis  moment  of  exultation  and  hope,  exclaimed  in  the  Roman 
Senate-house,  as  we  have  heard  in  this  debate,  that  Ive  ahvavs  had 
thought  this  expedition  would  end  in  misfortune,  and  that  now  it 
must  be  apparent  to  all,  since  Carthage  was  actually  about  to 
loose  her  nationality,  and  would  be  therefore  unable  to  appoint 
commissioners  after  a  while  to  make  a  treaty  of  peace.  This  mel- 
ancholy page  in  Roman  annals  has  not  descended  to  us,  and  the 
war  with  Carthage  was  ultimately  closed  on  terms  that  the  Ro- 
mans themselves,  so  far  as  I  have  heard  or  believe,  never  com- 
plained of.  There  was  no  talk  in  the  Roman  Senate  such  as  we 
liave  had  here  now,  that  to  deprive  Carthage  of  any  portion  of 
her  territory,  by  way  of  indemnity,  would  be  as  bad  as  highway 
lobbery,  and  that  a  treaty  of  peace  even  for  that  purpose,  would 
he  a  mere  nullity,  on  account  of  its  having  been  extorted  by  force  ; 
as  more  than  one  of  the  profound  jurists  on  the  other  side  of  the 
Chamber  have  not  hesitated  to  avow.' 

Mr.  CALHOUN. — The  honor.able  Senator  friSm  Mississippi 
has  misconceived  my  views.  It  was  my  opinion  that  the  practica- 
bility of  taking  the  Castle  from  all  that  I  then  heard  was  very 
justifiable.  My  impression  was  that  it  would  be  very  difficult,  if 
not  impracticable,  to  have  carried  it  by  direct  attack  by  ship — -but 
I  never  doubted  that  it  might  be  taken  if  Vera  Cruz  was  first  at- 
tacked by  land; — for  such  an  attack,  if  successful,  would  almost 
necessarily  have  been  followed  by  the  surrender  of  the  Castle. 
The  President  did  me  the  honor  to  consult  with  mo  during  the  last 
session  in  reference  to  that  campaign  then  approaching.  I  e.x- 
pressed  these  views  then  through  the  course  of  the  conversation 
which  took  place,  and  also  made  reJerenee  to  the  policy  of  captur- 
ing Vera  Cruz  with  the  Castle. 

But  the  Senator  from  South  Carolina  takes  what  he  calls  ''high. 
«■  ground,"  and  urges  that  if  Mexican  nationality  be  cxtiniruished 
we  shall  be  forced  in  thi?  end,  either  to  fall  back  to  his  defensive 
line,  or  to  do  what  he  supposes  to  be  much  worse,  either  to  incor- 
porate all  M.'xico,  within  our  limits,  or  establish  a  provincial  go- 
vernment there.  I  lake  issue  with  the  Senator  at  once  as  to  both 
these  alternatives;  I  dent  t'lat,  in  the  ease  he  has  stated,  if  it  ever 
si'ould  occur,  we  should  be  forced  eithei-to  incorporate  Mexico, 
and  her  whole  people,  Indians,  Negroes,  half-breeds,  and  all,  in 
the  sense  in  which  the  Senator  from  South  Carolina  uses  that  term, 
or  that  we  should  be  compelled  to  treat  her  as  a  province,  in  the 
Roman  sense  of  that  term;  or  that,  not  doing  either  of  these  things, 
we  then  should  be  compelled  to  fall  back  to  a  defensive  line.  I 
will  discuss  these  points  more  fully  after  a  while;  but  I  desire  at 
first  with  great  and  heartfelt  defeJcnce  to  the  Senator's  excellent 
memory,  to  set  liiiu  right,  if  I  can,  in  regard  to  certaid  points  of 
Roman  history,  a  correct  understanding  of  which  is,  perhaps,  ma- 
terial to  this  branch  of  the  controversy.  The  following  paragraph 
of  the  honorable'  Senator's  speech  contains  the  errors  which  I  sup- 
pose him  to  have  committed  : 

^  "  What  is  the  object  of'a  vijrorons  prosecntion  of  the  war  ?  How  can  it  be  sncces- 
ful  ?  I  can  «ee  but  one  way  of  making  it  so,  and  that  is  by  suppressing  all  resistance 
on  the  part  of  .Mexico,  overpowering  and  dispersing  lier  army,  and  utterly  overtlirow- 
in^her  government.     But  if  ttiat  sliould  be  done — if  avigorous  prosecution  of  the  war 

30th  Cong.— ^IsT  Session — No.  19- 


slioulrl  lead  to  thai  result,  how  Ire  we  to  olilain  an  honorab'e  peace  ?  With  whom 
shall  we  treat  for  mdcmnity  for  the  past  and  sevuntv  tor  thi*  lutii'rc?  War  may  bo 
made  by  one  party,  bu.  it  requires  two  to  make  peace.  If  all  authority  is  overthrown 
in  Mexico,  where  will  be  the  power  of  entering  into  negotiation  and  make  peace  ?  t/ur 
very  success  would  defeat  the  possibility  of  making  peace  ? 

"In  that  case  the  war  would  not  end'  in  peace,  but  in  conrpiest ;  not  in  negotiation, 
hot  in  subjugation  ;  and  defeat,  I  repeat,  tne  very  object  you  aim  to  accomplish,  and 
accomplish  that  which  you  disavow  to  be  your  intention,  by  destroying  the  separate 
existeuceof  Mexico,  overthrowing  her  nationality,  and  blottiii"  out  her  name  from  Uie 
list  of  nations,  instead  of  leaving  her  a  free  republic,  which  the  I'residenl  lia^  so  earuast- 
ly  expressed  his  desire  to  do. 

"  The  Piesident  is  riglif.  If  the  vigorous  prosecntion  of  the  war  should  be  saceess- 
ful,  and  the  contingeucy  on  which  he  exjiects  to  make  a  treaty  fails,  there  will  be  no  re- 
treat. Every  argument  against  calling  back  the  army  and  taking  a  dei'ensive  line,  will 
have  double  fore;.,  after  having  spent  sixty  millions  ol'  ilollars.  and  acquired  the  posses- 
sion of  the  whole  of  >Iexico.  and  the  interests  in  favor  of  keeping  possessson  would  he 
much  more  powerful  then  than  now.  The  army  itself  will  be  larger — those  who  live  bv 
the  war,  the  numerous  contractors,  the  merchants,  the  sutlers,  the  speculators  inland 
and  mines,  and  all  who  are  jiroliting  tlirectlv  or  inilircetly  by  its  prosecption.  will  be  ad- 
verse to  retiring,  and  will  swell  the  cry  of  holding  onto  our  eon(|uests.  They  constitute 
an  immense  body  of  va.st  infloeiice,  who  are  growing  rich  by  wiiat  is  impoverishing  the 
rest  of  the  country. 

That  it  would  be  contrary  to  the  genius  and  character  of  onr  government,  and  sub- 
versive of  our  free  popular  institutions,  to  hold  Mexico  as  a  ^ibjcct  province,  is  a  prop- 
osition too  clear  for  argument  before  a  boily  so  enlightened  as  the  Senate, 

Let  it  not  be  said  that  Great  Britain  is  an  example  to  the  contrary;  that  she  holijs 
proViiures  of  vast  extent  and  population,  without  materially  impairing  the  liberty  of 
the  subject,  or  of  exposing  the  government  to  violence,  anarchy,  confusion,  or  corrup- 
tion. It  is  so.  But  it  must  be  attributed  to  the  pecnliar  character  of  her  government. 
(-)f  all  governments  that  ever  existed,  of  a  free  character,  the  British  far  transcends 
them  all  in  one  particular,  and  that  is,  its  capacity  to  hear  patronage  without  the  evils 
usually  incident  to  it.  She  can  bear  more,  in  proportion  to  popidation  and  wealtli, 
than  any  government  of  that  character  that  ever  existed.  I  might  even  go  further,  and 
assert  than  despotism  itself  in  its  most  absolute  form.  I  will  not  undertake  to  explain 
why  it  is  so.  It  will  take  me  further  from  the  course  w  inch  I  have  prescribed  for  mv- 
selt",  than  I  desire;  but  I  will  say,  in  a  few  words,  that  it  results  from  the  tact  that  her 
Executive  and  the  House  of  Lords,  (the  conser\ative  branches  of  her  government. » 
are  both  hcr.'ditary,  while  the  other  IIou^?  of  Parliament  has  a  popular  character.  The 
Roman  government  exceeded  the  British  in  its  capacity  for  c!0n(]ucst.  No  government 
ever  did  exist,  and  none  probably  ever  will,  which,  in  tliaf  particular,  equalled  it;  biii 
its  capacity  to  hold  conquered  provinces  in  subjection,  was  as  nothing  compared  to 
that  of  Great  Britain;  and  hence,  wdien  the  Roman  power  passed  heyoinl  the  limits  of 
Italy,  crossed  the  Adriatic,  the  Mediterranean,  and  the  .\lps.  liberty  tell  jirostrate;  the 
Roman  people  became  a  rabble;  corruption  penetrated  every  department  of  thegov- 
ernuient;  violence  and  anarchy  ruled  the  dav,  and  mditary  despotism  closed  the  scene. 
Now,  on  the  contrary,  we  see  England,  widi  subject-provinces  of  vastly  greater  terri- 
torial extent,  and  probably  of  not  inferior  population,  (I  have  not  comjiared  them;) 
we  see  her,  I  repeat,  going  on  without  the  personal  liberty  of  the  subject  being  mate- 
rially imj)aired,  or  the  government  subjsa  t  lo  violence  or  anarchy  ! 

Now,  I  shall  not  here  stop  to  discuss  the  meaning  of  the  term 
province.  It  is  obvious  that  the  Senator's  view  of  the  matter  is, 
that  the  extension  of  territorial  dominion  by  Rome  had  the  eti'ect  of 
prostrating  her  liberties.  I  confess  I  never  met  with  this  opinion 
before.  It  is  certainly  not  in  Gibbon,  or  Niebur,  nor  do  Pthink  it 
can  be  found  in  the  pages  of  any  other  philosophic  historian  who 
has  written  of  that  wonderful  people.  On  the  contrary,  the  free- 
dom of  Rome  commenced  with  territorial  conquests — grew  and 
strengthened  continually  with  farther  conquests — and  never  be- 
came Very  seriously  impaired,  until  the  God  Terminus  began  to 
think  of  receding,  "But  though  Terminus  (says  Gibbon)  had  re- 
sisted the  majesty  of  Jupiter,  he  submitted  to  the  authority  of  the 
Emperor  Hadrian."  The  first  emperor  of  Rome  lor  the  first  time 
announced  the  no  territory  policy  to  Roman  ears,  and,  ae  ording- 
ly,  the  same  illustrious  historian  just  quoted,  s.ays  "the  pr'ncipal 
contpiests  of  the  Romans  were  achieved  under  the  Republic  ;  tind 
the  etliperors,  for  the  most  ptirt.  were  satisfied  with  preserving 
those  dominions  which  had  been  acquired  by  the  policy  of  the  Se- 
nate, the  active  emulation  of  the  consuls,  and  the  marlial  enthusi- 
asm of  the  people.  The  seven  first  centuries  were  filled  with  a 
rapid  succession  of  triumphs,  but  it  wtts  reserved  for  Auijustus  to 
relinquish  the  ambitious  design  of  conquering  the  whole  earth,  and 
to  introduce  a  spirit  of  moderation  into  his  councils." 

The  Sentitor  Irom  South  Carolina  was  plea.sed  to  desienate  a 
period  in  Roman  history  as  the  commencement  of  the  ruin  of  free 
institutions,  nearly  four  hundred  years  anterior  to  the  age  of  the 
Antonines,  selected  by  Mr.  Gibbon  as  the  beginninij  of  the  decline 
and  fall  of  Rom.an  power.  He  says;  "As  soon  as  the  Roman 
power  passed  from  Italy  beyond  the  Adriatic  on  the  one  side,  and 
the  Alps  on  the  other,  and  the  Mediterranean,  their  liberty  fell 
prostrate."  'Well,  if  the  Senator  is  correct  in  this  statement.  Ro- 
man liberty  perished  before  the  five  hundred  and  fiftieth  year  from 
the  building  of  the  city,  and  nearly  two  hundred  years  liefore  the 
reign  of  Augustus;  as  lUyiicum,  beyond  the  Adriatic,  was  certain- 
ly subdued  as  early  as  tlie  year  five  hundred  and  fifteen,  ab  iirbe 
fonrfi/fl,  Spain  was  conquered  by  Seipio  in  the  year  five  hundred 
and  forty-seven,  of  the  same  era;  and  the  Macedonian  Kin<rdom 
was  overthrown,  and  all  Greece  delivered  froin  the  tyranny  of 
Nabis,  about  ten  years  later.  To  recognize  Roman  liberty  as  ha- 
ving been  prostrated  thus  early,  would  be  to  take  away  fi-oni  the 
honor  of  free  institutions  more  than  I  am  willing  to  do,  and  would 
inentably  east  a  multitude  of  great  names,  heretofore  associated 
with  the  career  of  Roman  liberty,  into  a  dim  and  dusky  eclipse 
which  would  be  seriously  dispiriting  to  the  champions  offreedom 
throuijhout  the  world. 

The  truth  is,  sir,  that  there  never  was  a  3'ear  when  Rome  was 
free  that  she  was  not  advancing  rapidly  along  the  pathways  of  ter- 
ritorial conquest.  Let  me  cursorily  mention  a  few  names  of  con- 
quered and  annexed  peoples,  who  had  fallen  before  the  Roman  pow- 
er anterior  to  the  period  of  prostration  specified  by  the  Senator  from 
South  Carolina;  comraeneiug  with  the  Albans,  we  have  then,  the 
Latlnes,  the  Sabines,  the  Fidenatians,  the  Faliseians,  the  Vene- 
tians, the  Prenestines,  the  Canipanians,  the  Samnites,  the  Herni- 
oians,  the  Tiburtians,  the  Privcrnians,  the  Apuhans,  the  Etru- 
scans, the  Umhrians;  the  Marcians,  the  Pelignians,  the  Equans, 


140 


THE  TEN  REGIMENT  BILL. 


[Thursday, 


the  Volsinians,  the-  Lufaniaiis,  the  Taicntines,  tlie  Brnttinns,  the 
Sallentines,  the  St.-(tes  of  Sicily,  Cartha<jc,  Spain,  Sardinia,  Cor- 
sica, the  Ligiirians.  Sec,  Sic.,  &c.  How  wondm-Cul  it  must  seem 
to  the  Senator  from  South  CaroUna,  that  Roman  liberty  was  not 
urostrateil  mucli  earlier,  even  than  the  date  of  its  extinction  vhich 
lie  has  specified  ! 

But,  I  will  not  pursue  this  (opic  further;  and,  indeed,  should  not 
have  discussed  it  at  all.  but  for  the  iipprehcnsion  whi(di  I  fell,  that 
the  powerful  arjruuient  of  the  honorable  Senator  from  South  Caro- 
lina on  this  point,  1,'oiniT  wliollv  unanswered,  uiisht  have  an  cliect 
upon  the  public  mind  more  or  less  detrimental  in  its  character. 

If  the  Senator  had  ascribed  the  prostration  of  Roman  liberty 
to  her  badly  balanced  frame  of  government,  into  wliicli  ••ihe  most 
incongruous  and  antajronizins  elements  had  found  entrance  and 
maintained  unceasing  discord;"  to  hor  defective  system  of  jurispru- 
dence, which,  until  the  days  of  Justinian,  was  confessedly  one  ot 
the  most  imperfect  ever  known;  to  her  want  of  the  representative 
and  eonfedcrative  principles  of  £;ovcrnment;  to  her  want  ot  trial 
by  jury;  ami,  her  want  of  the  means  of  rapidly  conimunieatinir  in- 
telli(;cnce  fnnn  plaire  to  place  of  her  exten^dcd  empire;  and  had 
ended  with  asscrtinsr  that  corruption,  the  means  of  pcrjjctraling 
which,  had  been  supplied  to  some  extent  liy  a  system  o(  robbery 
an<l  conliscation  in  foreign  and  remote  legions,  which  is  impossible 
in  this  country  under  our  constitution,  I  should  have  concurred 
with  him  mos't  heartily.  But  to  give  all  these  considerations  the 
go-bv,  and  ascribe  the  downfall  of  Roman  freedom  to  a  single 
cause,  and  that  not  the  true  one,  strikes  mo  to  be  hardly  as  pracr- 
tical  as  to  settle  the  matter  sunuuarily,  by  repeating  the  language 
of  poetry,  and  saying  with  Byron: 

••TIk'  Coth.  llii'ClirUliail,  Time.  \V:ir,  I'liin  1  a:iil  I'm, 
Hiivcdcall  upon  Tlu;  spvon-liill'-'d  City's  |iii'k\ 
Slic  saw  her  jllori^s,  star  by  star  cvpirf , 
,\n(i  up  the  steep,  barbarian  iiionarelift  riiie, 
Where  her  car  eUinbed  the  Capitol." 

But  let  us  advance  a  little  further  in  cxatnination  of  the  honora- 
ble Senator's  view  of  tlie  danger  to  arise  to  our  institutions  from 
the  incorporiilion  or  provineialization  of  Mexico;  one  of  which  he 
says  we  will  have  to  do  in  a  short  time  if  we  do  not  come  oVer  to 
liis  defensive  line  theory.  The  complete  detiationalization  of 
Mexico,  he  says,  will  britig  us  to  the  necessity  of  choice  between 
these  altcrntitivcs.       0 

Admittitig  the  denationalization  of  Mexico  to  be  at  hand,  then 
I  contend  that,  without  falUng  back  to  a  defensive  line,  and 
without  establishing  a  Provincial  government,  or  the  incorporation  . 
of  her  people,  in  tlieir  present  eomrilion  at  least,  measures  could 
yet  be  taHeti,  without  varying  at  all  IVoin  the  jiolicy  necessary  to 
lie  pursued  in  order  to  ensure  a  vigorous  (irosecution  of  the  war, 
and,  indeed,  in  pm'suance  of  the  military  occupation  policy  now 
promulged  by  General  Scott,  that  would  inevilably  lead  to  the 
gradual  civilization  and  Americanization  of  Mexico,  and,  possiblv,' 
her  eventual  annexation  to  the  confederacy,  when  t[iialified  lor  tliis 
honor.  I  am  proposin<r  notliing  for  present  adoption;  it  would  be 
prcsumptuoiis  in  nic  to  do  so.  The  views  which  I  am  about  I o 
express,  tire  my  own,  and  may  be,  for  aught  I  know,  in  their 
entirety,  eonlineil  to  myself;  nor  is  any  otlior  person,  official,  or 
■  unofficial,  at  all  responsible  therefor,  'though  i  am  happy  to  be- 
lieve, that  they  will  be  generally  concurred  in  by  those  whom  1 
represent  here,  and  that,  in  the  main,  they  are  ,sanclioned  by  two 
distinguished  citizens  of  my  own  State,  judging  from  "  their 
published  views,  whose  higji  reputalion  for  abilities,  for  moral 
worth,  and  profound  acquaintance  with  this  particular  subject. 
will  secure  for  any  opinions  whicli  they  ma\-  be  known  to 
approve,  the  utmost  respect  from  their  coiintrvinen.  I  allude 
t()  the  late  Governor  of  Mexico,  General  Quitman,  and  another 
personage,  whose  name,  for  certain  delicate  jiublic  reasons, 
I  may  not  meniion  here,  but  who  was  once  mv  predecessor 
on  this  door,  has  since  associated  himself  in  deathless  con- 
nection with  the  great  principles  of  free-trttde;  and  wlio  may  well 
be  recognized  as  the  Cobdi'U  and  Manslield  coinbiiicd  til'  this 
Western  World. 

Thus  premising,  I  proceed  to  declare,  thai  if  hereafter  driven 
by  stress  of  cireumstanees,  such  as  have  been  anticipated  by  the 
Senator  from  Koiilh  Carolina,  to  despair  altoi;fther  of  the  cfiVL'tiia- 
tion  of  a  treaty  with  Mexico,  and  we  should  be  forced  to  keep  pos-' 
session  of  the  country,  in  spite  of  our  willina-ness  to  surrenilcr  it  to 
its  own  jircsent  inhabitants,  on  fair  and  honortiblo  terms,  whv, 
even  then,  I  should  not  unite  witTi  the  Senator  from  South  Caro- 
lina, in  the  sentiments  of  profound  hopelessness,  to  which  he  has 
given  such  elotiuent  expression  in  our  midst;  but  should  endeavor 
toeduee.as  much  good  as  practicable  from  wh'tit  might  bo  eon- 
sidered  by  many  as  only  unmixed  evil. 

And  upon  some  such"  plan  as  I  will  proceed  now  lo  ^u""est  I 
should  hope  still  farlhcr  to  provide  for  the  happiness  and  "h.rv  'of 
onr  own  cotinliy,  and  the.  ultimtile  dillitsion  and  iierpctuitv  of  the 
great  prineiph's  ol  civil  and  religions  liberty.     And 

1.  After  such  a  lempt.rary  occiiptuu.y  of  Mexico  bv  our  armies 
as  IS  now  taking  place,  1  would  gradutiUy  preptire"  the  cmntrv' 
state  alter  state  ol  it,  lor  the  re-cstablishment  of  civil  "ovcr.uncnl' 
taking  care,  in  due  season,  to  introduce  our  invaluablS  territorial 
system— that  noble  nursery  of  Stale  sovereignties— and  to  entrust 
ihe  inhabitants  of  each  territory,  as  soon  as  it  might  be  deemed 
itntirely  sale  to  do  ,so,  with  the  indispensable  power  of  self-"o\. 
eminent.  " 

2.  Whilst  a  tetnporary  miUtary  occupation  of  Mexico  miMit  be 
deemed  necessary,  I  would  station  detiiehmeuts  of  troops  iiT  three 
prominent  jioints  in  the  interior,  Orizaba,  Mexico  uud  Sau  Luis 


Potosi,  with  a  view  of  giving  protection  to  the  three  commercial 
])oints  of  Alvarado,  Vera  Cruz  and  Tampico  ;  thus  securing  the 
mining  districts  from  encroachment  from  any  quarter,  and  estab- 
lishing I  eaee  and  perfect  social  order  throughout  the  whole  extent' 
of  the  region  thus  occupied. 

3,  The  next  step  which  would  be  advisable  would  be  the  intro- 
diiction  of  our  .system  of  import  duties,  bringing  with  it  the  bles- 
sings of  free  trade  to  Mexico,  for  the  first  time,  and  all  their  civil- 
izing and  Americanizing  influence.  By  this  iueans  the  coramor- 
cial  monopoly  heretofore  enjoyed  by  Gretit  Brilain,  would  cease 
forever  ;  our  valuable  agtievjltiiral  and  manufacturing  products 
heretofore,  to  a  great  extent.-prohibitcd,  would  find  ready  entrance 
into  the  country,  and  be  seen  to  float  quietly  along  all  the  channels 
of  domestic  trade;  the  henelieial  cfil^ct  of  wiiich,  in  a  moral  point  of 
view,  will  be  easily  inferred,  by  those  who  have  given  their  atten- 
tion, heretofore,  to,  such  coiisideratious,  and  which  will  be  found 
beautifully  and  powerfully  illustritted  by  one  of  the  most  distin- 
guished writers.of  the  present  day,  in  a  speech  delivered  in  the 
great  city  of  Manchester,  in  the  month  of  IVoveraber  last,  an  ex- 
tract from  which  I  beg  leave  to  submit.  Mr.  Alison,  the  historian, 
on  taking  the  chair  at  the  Atheneum  soiree,  in  Free  Trade  Hall, 
on  the  occasion  referred  to.  after  a  few  introductory  remarks,  thus 
expressed  himself :  '  •   ■ 

Hern  Mr.  Foote  read  from  Blr.  Alison's  speech  a  considerable 
extract,  and  continued  thus:  •  ' 

-1.  Our  Si/stem  of  Land  Lava.  There  is  ascertained  to  be  an 
immense  body  of  valuable  |mblic  land  in  Mexico,  heretofore  unap- 
propriated, there  being,  as  I  am  assured,  from  twenty-five  to  thirty 
millions  of  acres  of  the  richest  lands  in  the  world,  yet  unoccupied, 
in  rlic  state  of  Vera  Cruz,  and  a  proportionate  quantify  in  most 
"(  tlie  states  which  have  not  yet  become  densely  peopled.  By  be- 
stowing farms  of  moderate  extent  upon  actual  settlors,  the  wh.)le 
country  would  soon  become  occupied  by  a  population  equal  to  any 
under  the  sun,  in  all  that  is  necessary  to  good  government  and 
high  social  advancement. 

5.  There  are  resources  in  Mexico  not  necessary  to  be  particu- 
larly specified,  which  might  be  eonvenientiv  and  lejiitimateiy 
applied,  after  paying  the  present  national  debt,  to  general  educa- 
tion purposes. 

6.  Religious  toleration,  heretofore  prohibited,  would  now  prevail, 
and  every  matv  be  allowed  to  worship  God  according  to  his  own 
conscience. 

7.  Our  system  of  trial  by  j'ury  would  be  sure  very  early  to  com- 
mend itself  to  respect  and  adoption. 

S,  These  and  other  regulations  which  will  occur  to  all  astute  minds 
at  once,  without  suggestion,  cannot  but  work  wondrous  effects  in 
the  next  five  or  ten  years.  Kight  years  ago,  he  who  is  now  speak- 
ing used  the  following  language  : 

Surely  it  woiiiil  not.  liave  required  a  iart'e  atnonnt  of  pro;)h-jtie  sanaeity.  (il'ty  yeat^ 
a_'o,  to  have  iircdicted,  that,  if  ever  a  strusijie  should  oeeur  bL-tweeu  tlie  .•\ iij,'lo--*^ineri- 
e-iii  populaiioii  of  North  Atneriea,  or  ratherof  the  Cnited  Slates,  and  that  enervated 
and  irion:;rel  raee,  who  have  been  deseribeil  in  the  preeedin^'  ebaptei^s  of  this  work. 
]ireeiselv  sueh  results  as  lKi\e  taken  plaee  in  I'exas",  in  the  progress  of  the  war  earried 
on  there  for  Indepenrlenee  ami  Liberty,  v.oiild  be  seen  to  artse.  The  mind  of  one 
v.ho  wonld  not  have  anticipated  such  rpsnlts,  eouid  not  have  ioruied  any  acquaintauce 
vM!n  I  he  briixhtesl  jia.-^es  of  aneient  hislorie  lore;  nor  have  read,  with  son!  on  lire,  of  the 
in  pel  ishiible  glories  lit"  ]Marathoii?«nd  Platiea,  aii.l  S.ilaniis.  Perhaps  as  li'alc  astulen^s 
j,  neeps.aiy  uow  to  foresee  tJial  the  perioil  is  not  I'ar  remote,  when  Anjrlo  .\inerictiu 
h  eo^s.  ami  slateoineu,  aiul  inonilisl.s, — the  ileseoudaiiLs  of  those  British  eolooists  of 
whom  ivehavc  Jusl  been  reading,  \vlio>e  early  .-ettlenients  only  dotted,  here  and  there, 
lor  a  tew  miles,  the  W.c-.ik  and  barren  Atlaute-  eoast  of  XoitSi  .\n'eriea,  will  be  seen, 
\\\\\\  the  consent  of  gco:l  men  and  true  rd'  all  siatioas.  to  hear  "toruard  and  aloft,  over 
the  laud  and  over  tlie  sea,"  that  very  lianiier  ot'  Moral  Regeneration  spoKeu  of  in  the 
tirt  pte'e  ot"  this  work,  until  even,  "amidst  the  nmnn:iisi  ol  the  Paeilie  sea,"  and  over 
tile  bea'lilifiil  plains  ami  valleys  of  Eastern  Me\ieo.  a  voiee  shall  lie  heard  saying: 
'■  7'/(e,-e  /.s  iin  Olid,  b'.ii  the  Goit  nf  Truth,  and  .hiMirr.  unit  Jirotkrrh/  Kiitili>r.t/t;  ami 
Ii!<  fitrorit-ifS  arc  thf:  Sprcaiti-rs  of  tuwic/filiir,  avtt  the  hmiic  net  merciful  Chnstisir.* 
of  K.ickcU  tticK  and  itatwii.^." 

The  scenes  hero-in  described  have  been  in  part  at  least  realized; 
anil  tliey  are  destined  to  be  still  more  fully  realized,  if  we  shall 
dare  to  do  our  duty,  regardless  oT  illiberal  cavils  and  factious  op- 
jiosition. 

In  answer  to  the  objections  of  the  Senator  from  South  Carolina, 
it  has  become  necessary  to  take  a  short  view  of  tlie  character  of 
the  pojnilation  at  present  in  Mexico.  There  are  said  to  be  now 
about  seven  millions  of  people:  their  number  having  rather  dimin- 
ished than  increased  in  the  last  ten  years.  Of  these  abtnit  lour 
millions  are,  as  they  havejiecn  deseribe'd  by  the  Senator  from^outh 
Carolina,  Indian.s— who,"thouab  gentle  iii  their  manners,  dot^ile, 
obedient,  orderly,  and  industrious  in  their  habits,  are  yet  nothing 
more  than  Indians  in  their  eaiiacity  for  exercising  political  rights. 
They  live  together  in  towns  and  villages,  linve  proi)erty  in  com- 
mon, and  enlbree  their  former  tribal  n'sages,  except  so  far  ;is  they 
m,iy  be  restrained  by  special  law.  They  are  cultivators  of  the  soil , 
exclusively;  and  constitute  no  part  of  the  popuhition  of  Mexico 
'subject  to'  do  mililarv  service.  They  have  not  enjoyed  political 
rights,  in  other  words',  thcv  have  not  voted  at  elections,  since  1833. 
Nor  are  they  desirous  o'f  being  allowed  to  do  so.  Whatever 
they  may  bce'omc  in  future,  under  judicious  and  luimane  regula- 
tions, siieh  as  we  have  applied  to  our  Chickasaw,  Choctaw,  and 
Cherokee  Indians,  remains  to  be  seen.  In  the  present  state  of 
thinns.  thousli,  no  manof  sound  prai,-tical  intellect,  I  suppose, 
wotiTd  think  of  entrusting  them  with  all  the  rights  of  -\mericau 
citi/enship.  An  experiment  of  litis  kinil  formerly  tried  in  Mexico 
is  known  to  have  been  a  total  failure. 

Three  millions  remain  lo  be  disposed  of.  Of  these  the  military 
uristocracv,  the  twciitytwo  thousand  uliieo-lioldcrs,  and  their  ser- 


January  20.] 


THE  TEN  REGIMENT  BILL. 


147 


vile  dependents  constiliito  perhaps  a  body  of  two  linndred  thousand. 
Tliese,  with  a  portion  of  the  priesthood,  and  tiieir  dependents  and 
servitors  are  linown  as  the  aristoeratic  party. 

The  Peons,  or  villeins  appendant,  as  they  may  he  called,  are  a 
mi.xed  race,  slaves  in  the  most  unfavorable  sense  of  the  word,  and 
transferable  with  the  soil  which  they  tdl.  They  are  said  to  number 
about  seven  or  eight  hundred  tliousand  soids,  and  constitute  the 
rhief  resource  of  the  military  aristocracy  lor  recruiting  their  ar- 
mies. 

The  negroes  are  too  inconsiderable  in  point  of  numbers  or  ni- 
flnonee  to  be  entitled  to  any  serious  regard  in  this  view  of  the  Mexi- 
can people. 

The  remainder,  in  number  more  than  two  millions,  are  the 
Puros  or  democrats  of  Mexico;  the  friends  of  republican  institutions, 
always  fricndlv  to  our  people  and  government,  and  especiall)«so  in 
this  war,  as  is  provable  by  much'  and  satisfactory  evidence;  far 
more  friendly  with  us  certainly  than  to  their  cruel  oppressors,  the 
military  tvranfs.  The  Puros" arc  the  bone  and  sinew  of  the  coun- 
try, the  niost  intcUi-jrcnt,  virtuous,  and  orderly  people  in  Mexico. 
They  recognize  us,  and  justly,  as  their  deliverers,  and  arc  fiiU  of 
apprehension  at  t^e  prospect  of  our  surrendering  them  again  to 
tlie  cruel  oppression  from  which  tliey  stand  now  released. 

As  the  retention  of  Mexico  by  the  United  States,  should  we  be 
forced  to  retain  it,  is  objected  to  by  some  on  the  "rround  of  the 
enormous  expense  likely  to  be  attendant  upon  our  doinii  so,  I  will 
here  submit  a  lew  facts'calculated  to  rtllay  all  fear  on  this  point. 

1.  It  is  estinuited  by  our  Secretary  of  the  Treasury,  in  his  an- 
nual report,  that  the  domestic  commerce  between  the  States  of 
ibis  confederacy  amounts  annually  to  the  sum  of  $30(),0()0,0P0. 
Upon  the  basis' supplied  by  this  estunate,  when  a  general  free- 
trade  intercourse  shall  have  been  once  established  between  the 
States  of  this  Union  and  Mexico.,  this  new  branch  of  domestic 
trade  would  amount  to  S166,000',b00.  Of  which,  if  we  suppose 
thij  trade  to  Mexico  to  be  SS3,000,000,'  we  have  an  increase  of 
more  than  $S2,000,OUO  complete.'  Ulidcr-  the  control  of  Brhish 
councils,  and  by  the  instrmuentality  of  prohibitory  and  peculiar 
duties,  many  of  our  most  valuable  staples — such  as  flour,  tobacco, 
manufactures  of  cotton,  &e.,  have  been  heretofore  excluded. 
This  would  be  no  longer  the  case  were  Mexico-part  of  the  Union. 

2.  For  our  ]Moduec  and  manufactures,  we  should  receive  from 
Mexico — I.  There  great  staph-' exports,  gold  and  silver.  2.  Their 
other  mineral  products  derivable  from  mines  almnst  wholly  un- 
touched, consisting  of  quicksilver,  copper  and  tin.  3.  Their  valu- 
uable  woods,  consisting  of  mahogany,  ^c.  4.  Cochineal,  logwood, 
and  other  dvc-stufis.  5.  Coftee,  cocoa,  and  wine  of  a  flavor  equal 
almost  to  aiiy  in  Europe.  ().  Hides.  7.  Tobacco,  equal  to  ttie 
best  Cuba  tobacco.  8.  Silk,  of  which  there  is  a  considerable 
quantity  manufactured  at  present;  and,  under  the  fostering  protec- 
tion of  free  instiuitions  the  quantity  could  not  but  bo  greatly  en- 
hanced in  a  short  period  of  time.  9.  Sugar,  1o  the  raisinsr  of 
which  the  greater  part  of  Mexico  is  admirably  adapted  irt  point  of 
soil  and  climate;  and  it  is  a  fact,  (not  a  little  remarkable  it  is  too,) 
that  though  the  State  of  Vera  Cruz,  yiosseses  native  resources  as  a 
planting  region,  but  little  inferior  to  the  iiland  of  Cuba  itself, 
until  the  lanuing  of  our  army  under  General  Seott,  there  was  no 
loaf  sugar  to  be  found  in  ijie  vicinage  of  tiie  city  of  Vera  Cruz, 
e.xGcpt  what  was  most  inconveniently  and  expensively  brought 
there  on  the  backs  of  mules,  from  the  Pacific  slope,  a  distance  of 
fjur  hundred  miles. 

3.  The  ([uicksilver  mines  of  Mexico  have  not  been  regularly 
worked;  but  enough  is  known  of  them  to  authorize  the  opinion, 
that  they  are  greatly  the  most  valuable  which  have  ever  been  dis- 
covered. The  article  of  quicksilver,  in  consequence  of  its  having 
been,  to  a  great  extent,  monopolized  by  the  Rothchilds.  has  lately 
reached  a  price  in  market  which  may  be  well  deemed  enormous. 
The  opening  of  the  mines  of  quicksilver  under  our  supervision  and 
direction,  would  at  once  cheapen  the  article  everywhere.  The 
value  of  quicksilver  as  an  amalgam,  so  indispensable  as  such  in 
mining  operations,  is  too  well  known  to  justify  e.Ktended  remark 
on  this  head. 

4 .  I  feel  bound  to  add,  that  without  the  Isthmus  of  Tehuanlepee, 
which  can  never  be  fully  and  availably  utidcr  oar  conlrol,  except 
as  an  incident  to  the  anuexalion  of  Mexico  low  enough  down  to 
embrace  it,  wc  can  hardly  calculate  upon  rctaiuinff  the  permanent 
possession  cither  of  Caliliirnia  or  .Oregon.  The  diiilculty  of  reaoh- 
mg  any  ]ilace  on  the  Pacific  coast  Irom  the  densely  settled  por- 
tions of  the  United  States,  and  the  immense  consumption  of  time 
now  unavoidable  in  performing  such  a  journey,  seem  to  make  it 
more  than  jirobuble,  as  one  sagacious  and  profound  statesman  of 
New  Knglaiul  has  already  predicted  as  to  Oregon,  that  at 
no  distant  day,  if  no  canal  or  railway'  across  the  Isthmus 
shall  ever  be  etieeted,  an  independent  State  or  States  will  be  lik.'-ly, 
to  spring  up  on  the  Pacific,  which  will  claim  and  hold  all  the  ter- 
ritory rightfully  belonging  to  us  in  that  part  of  the  world.     V\^ith 

-  the  Isthmus  and  a  canal  across  it,  all  danger  on  this  .score  would 
be  cfiectindly  obviated.  With  the  Isthmus,  and  a  convenient  com- 
mercial communication  between  tiie  two  great  oceans,  this  Re- 
public will  at  once  become  the  greatest  commercial  nation  in  the 
wurld . 

5.  Lastlv.  If  we  fall  back  to  a  defensive  lino,  the  militarv  ari- 
stocrats will  reorganize  under  the  protection  of  Great  Britain  or 
some  other  foreign  government,  and  then  n-e  shall  have  a  war  on 
our  hands  which  will  he  intenuinahle.  The  fact  that  Great  Bri- 
tain has  long  struggled  to  control  the  destinies  of  Mexico — that 
she  is  known  lo  be  quite  jealous  of  our  present  prospects  in  that 
country — that  Lord  Palraerston  has  recently  in  Parliament  thrown 


out  very  distinct  intimations  of  a  disposition  to  seize  upon  the  whole 
of  Mexico,  as  indemnity  for  certain  debts  due  to  British  subjects — ■ 
together  with  the  striking  fact  that  the  British  government  is 
known  to  be  already  in  possession  of  the  pass  of  Nicaragua,  shoidd 
solemidy  admonish  us  not  to  withdraw  our  troops  and  evacuate  the 
country  too  lightly,  nor.  in  the  emphatic  language  of  the  day,  with- 
out having  obtained  complete  indemnity  for  the  past,  and  entire  se- 
curity for  the  future;  by  which  I  understand  lull  indemnity  in  mo- 
ney or  territory,  and  full  security  for  ourselves  and  our  posterity. 
I  am  satistied,  su-,  for  the  present,  with  having  presented  this  hy- 
jiothetical  view  of  the  compensating  advantages  iikeh  to  arise 
liom  the  annexation  of  Mexico,  in  case  the  obstinacy  of  that 
nation,  encouraged  as  she  has  been  from  this  country  lo  conti- 
nue the  struggle  of  arms,  should  finally  constrain  us  to  take  pos- 
session of  alllhe  country  and  hold  it  forever. 

Mr.  CRITTENDEN.— I  have  lislencd  to  the, speech  of  the 
honorable  gentleman  who  has  taken  his  seat,  with  all  the  attention 
which  his  own  high  character,  and,  if  ho  will  allow  me  to  add,  my 
rcgai-d  for  him,  eould  inspire.  In  the  course  of  his  very  animated 
and  eloquent  remarks,  there  was  one  passage  which  I  jegrct,  and 
I  now  rise  simply  lor  the  purpose  of  recalling  his  attention  to  it, 
and  making  a  single  remark  upon  it.  I  allude  to  that  part  of  the 
genlleman's  remarks  in  which  he  alluded  to  Mr.  Chay,  in  language 
too  plain  to  be  misunderstood,  and  described  him  as  "a  raagne- 
tizcr,"  eiuplo3'ing  certain  acts  for  the  purpose  of  promoting  cer- 
tain pretensions  to  the  Presidency,  which  the  gentleman  thought 
pioper  to  attribute  to  him.  Sir,  BTr.  Clay  is  now  a  private  citizen — 
a  man  venerable  for  his  age;  and  (I  think  I  may  say  without  fear 
of  dissent  from  any  gentleiuan.)  illustrious  on  account  of  his  char- 
acter and  his  public  services.  He  is  now  unconnected  "o'ith  politi- 
cal life;  and  I  submit  to  the  honorable  gentleman,  whether  those 
considerations  might  not  have  protected  him  from  such  an  allusion, 
and  from  such  imputations  as  liave  been  cast  upon  him  ? 

Mr.  FOOTE. — If  the  honorable  gentleman  will  allow  me — 

Mr.  CRITTENDEN.— In  a  moment,  sir.  I  have  had  tin 
lienor  of  laiowing  Mr.  Clay,  and  of  calling  him  friend,  and  being 
called  friend  by  him,  for  the  last  twenty-five  ycafs  of  my  life.  I 
tliink  I  know  him,  sir,  and  I  think  I  can  venture  to  assure  my  hon- 
orable friend  from  Mississippi,  that  there  is  no  man  in  this  country 
more  incapable  of  the  practice  of  any  ignoble  arts  than  he  is:  and 
that  he  would  not  have  the  Presidency  at  llic  price  of  any  such 
arts  practised  by  him.  To  him  the  Presidency  could  add  but  little. 
He  will  adorn  a  bright  page  in  the  history  of  his  country;  and 
there,  sir,  when  the  passions,  and  prejudices  of  parly  shall  bo 
hushed,  his  will,  indeed,  be  held  by  all  AmericanSj  the 

»' 

^'Clarum  ct  T^entrabile  nomcit" — 

a  name  honorable  and  illu.strious,  whicli,  combined  with  the  names 
of  his  great  and  distinguished  opponents  will,  with  their  blended 
light,  foiievcr  illmuinate  and  illustrate  the  annals  of  our  country, 
I  regret  then,  sir,  that  in  the  course  of  these  aiiiniate<l  remarks — 
and  much,  I  know,  escapes  us  in  the  heat  of  debite,  which  we 
would  willingly  retract — a  passaae  should  have  occurred,  which 
may  perhaps  be  construed  more  seriously  than  it  was  meant.  I  think 
I  can  assure  -the  gentleman,  that  whatever  information  he  may 
have  received  to  the  contrary,  Mr.  Clay  has  practised  no  art, 
neither  the  art  of  the  mesmerizer,  nor  of  the  magnetizer,  nor  of 
t!ie  politician,  nor  .any  act  whatever,  to  promote  his  pretensions  lo 
the  Presidency.  The  highest  oliicial  station  could  add  but  little 
to  him — but  little  to  his  name  or  fame.  Olliee  it.self  is  compara 
lively  aiv  ignoble  object  of  ambition.  His  has  ever  been  the  higher 
object  of  ambition,  to  serve  his  country  and  be  rewarded  by  his 
country's  apjirobation.  He  is  altogether  incapable  ot  any  art  to 
cirpumvcnt,  or  to  obtain  any  object.  I  can  assure  the  gentleman 
that  he  has  practised  no  means  whatever,  that  he,  him.self,  in  the 
exercise  of  his  nicest  judgment  would  condemn:  and  I  make  this 
appeal  in  the  most  kind  and  respectful  manner,  in  vindication  of  a 
private  citizen,  and  my  friend,  now  absent,  and  represented  here 
by  ray  honorable  friend,  [Mr.  UNnEi^wooD.]  and  however  un- 
worthily by  myself. 

Mr.  FOOTE. — I  concur  heartily  in  what  has  lallen  from 
the  Senator  from  Kentucky,  in  praise  of  his  distinguished 
friend.  Even  the  Latin  quotation  applied  to  him  has  ray  cor- 
dial sanction.  L  will  even  go  farther,  and  supply  a  word, 
to  he  found  in  the  original,  and  which  the  Senator  has  ac- 
cidentally omitted,  and  I  will  say,  "'  Clanim  et  venerabile 
numen  geniibus."  For  surely,  Mr.  Clay  is  known  most  con- 
spicuously to  all  the  nations  of  earth.  The  Senator  seems  to  be 
dissatisfied  at  ray  using  the  phrase  magnetic  influence,  in  connee- 
lion  with  Mr.  Clay's  present  visit  to  Washington.  Now,  I  must 
tlvink  that  if  the  Senator  had  duly  considered  the  meaning  of  the 
phrase  in'question,  he  would  hlave  taken  no  oflence.  A  magnet  is  a 
substance  distinguished  for  .a  certain  mysterious,  yet  powerful  in- 
fluence, which  may  ^be  called  attractiveness.  Magnetism  is  at- 
tractiveness, or,  in  the  present  more  ascertained  Sense  of  the  term, 
a  subtle,  ethereal,  mysterious,  incomprehensible,  and  irresistible 
influence,  possessed  by  one  substance  over  another,  or  by  one 
man's  spirit  over  the  spirits  and  sensibilities  of  others;  which  ena- 
bles the  magnetizer  in  the  latter  case,  even  without  actual  contact, 
physically  speaking,  to  control  the  will  and  conduct  of  ail  who 
come  within  range  of  his  influence.  Now,  I  have  heard  a  distin- 
uuished  countryman  of  the  honorable  Senator,  Dr.  Buchanan,  give 


148 


THE  DEATH  OF  MR.  HORNBECK. 


[Friday, 


instancRs  of  the  rxorcise  of  this  power  by  himself.  Dr.  CaUlwcll, 
and  otlicr.s,  in  certain  towns  and  villages  of  Kentucky,  exceedingly 
surprisinjT.  Had  I  oharsed  Mr  Clay  with  cominir  to  Washinsiton 
at  this  particular  time  to  electioneer  for  the  Presidency — to  solicit 
support  from  prominent  politicians  for  thi.^  hipli  place,  or  even  to 
plead  with  his  old  friends  not  to  abandon  him,  I  should  have 
talked  very  unworlhilv.  But  I  did  no  such  thinjr:  I  used  the 
most  delicate  and  respectful  terms  possible,  and  only  suagesled 
that  his  very  presence  here  was  calculated  to  operate  with  mas- 
netic  power.'  And  cannot  this  he  said  with  propriety  ?  Docs  not 
this  distinijuished  personau"e  awaken  a  profound  sensation  wher- 
ever he  chances  to  go  ?  Did  not  the  citizens  of  Philadelphia  turn 
out  to  do  him  honor  on  n  late  occasion,  without  distinction  ol  par- 
ty ?  and  was  not  the  crowd  so  creat,  and  put  under  such  powerlnl 
attraction  liv  him,  as  almost  to  olistnict  his  progress  along  the 
streets  ?  I  have  been  once  or  twice  placed  ui)der  this  influence, 
more  or  less,  myself,  and  was  dcliirhted  to  join  my  fellow-citizens 
of  Mississippi  on  one  occasion  in  affording  to  Mr.  Clay  a  hearty 
welcome  when  he  visited  .our  State.  There  is  a  charrafulncss 
about  the  wliole  man  very  dillicult  to  resist.     Ho  is  an  orator  of 


most  captivating  powers,  too,  and  a  poet  by  nature.  Even  his 
person  would  suggest  to  a  casual  observer  that  he  ■■lie  does  not 
belonfj  to  the  roll  of  ordinary  men."  My  opposition  to  Mr.  Clay 
is  strictly  political  ;  but  it  is  most  decided.  And  though  I  hope 
never  to  give  personal  oflcnce  to  him  or  his  friends  by' the  use  of 
tliscourtcous  language,  as  long  as  God  permits  rae  to  live  I  ex- 
pect to  be  strenuously  opposed  to  his  principles  as  a  statesman, 
and  his  advancement  to  Presidential  honors.  I  would  notify  the 
Senator  that  the  celebrated  lecturer  on  electro-magnetism,  Dr. 
Boynton,  is  now  in  the  city,  and  he  could  not  fail  to  derive  both 
pleasure  and  instruction  from  his  discourses. 

Mr.  CRITTENDEN.— I  am  exceedingly  gratified  by  the  ex- 
planation of  the  honorable  gentleman.  I  know  that  his  owa  gen- 
erous feelings  and  sense  of  propriety  would  lead  him  to  assure 
us  that  he  meant  nothing  that  was  unbecoming  or  improper. 

On  motion, 

The  Senate  adjourned. 


[The  following  remarks  should  have  been  inserted  in  page  138,  immediately  before  the  last  paragraj)h  in  the  first  column  : 

Mr.  SEVIER. — I  beg  leave  to  interrupt  the  honorable  Senator  from  Mississippi  for  a  moment  only.  He  has  referred  to  the  jour- 
nals, but  has  omitted,  wliat  I  consider,  a  very  important  point  considered  in  its  bearing  upon  the  subject  at  issue.  I  refer  to  the  act 
of  1803— an  act  based   upon   the  Ross   resolutions,  and  very  pertinent  at  the  present  moment.     I  call   for   the  reading  of  the  said  act. 

The  Secretary  here  read  the  act  called  for.]  ■  ■  ' 


FRIDAY,  JANUARY  21,  1848. 


On  motion,  it  was 
Ordered,  That  when  the  Senate  adjourn  it  bo  to  Monday  next. 

MESSAGE    FROM   THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk. 

Mr.  President:  The  House  of  Representatives  have  passed  the 
following  bills' of  the  Senate. 

An  act  concerning  certain  collection  districts,  anil  for  oilier  pnrposes. 

An  act  to  provide  clothing  for  volunteers  in  the  service  of  the  United  States. 

The  House  of  Representatives  have  passed  a  bill,  entitled  ■'An 
act  to  amend  an  act  entitled  'An  act  to  reorganize  the  General 
Land  Olfice,'  approved  July  4,  1S3C;''  in  -n-hich  I  am  directed  to 
ask  the  concurrence  of  the  Senate. 

THE    LATE    JOHN    W.    HOR.MBECK. 

The  folbiwing  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk.        •    '  , 

Mr.  President:  I  am  directed  to  notify  the  Senate  of  tho  death 
of  the  Hon.  John  W.  Hornbeck,  a  Representative  from  tho 
State  of  Pennsylvania,  and  of  tiie ^proceedings  of  the  House  of 
Representatives  thereon. 

The  resolutions  adopted  by  the  House  of  Representatives  having 
been  read, 

Mr.  CAMERON  said: 

It  is  my  duty,  Mr.  President,  to  detain  the  Senate  for  a  moment, 
before  I  move  the  customary  resolutions  which  hero  mark  the  death 
of  one  of  our  luiiiiber. 

JoH.v  W.  Hornbeck,  a  member  of  the  House  of  Representa- 
tives froin  the  State  of  Pennsylvania,  died  at  his  residence  in  the 
county  (d"  Lehigh  a  few  days  since. 

It  was  not  my  fortune  to  have  been  acquainted  with  him,  but  from 


those  who  knew  him  -well,  I  learned  that  he  was  a  native  of  New 
Jersey— that  hegraduated  at  Union  College  in  New  York,  and  tbit 
he  settled,  about  Iti  years  since,  at  AUentown,  Pennsylv,"nia,  whe  ,; 
he  studied  law,  and  where  he  was,  till  the  time  of  his  death,  a  re- 
spected and  successful  member  of  the  bar. 

He  was  a  man  of  learning  and  of  ability,  of  quiet  and  unobtru- 
sive, but  of  social  habits,  anil  of  a  disposition  so  kind  and  benevo- 
lent— so  willing  to  serve  others  rather  than  himself,  that  he  won 
the  esteem  and  love  of  all  who  came  within  his  circle  Honorable, 
high  minded  and  generous,  he  commanded  the  respect  of  all,  and  died 
as  he  had  lived,  without  an  enemy. 

His  election -was  a  tribute  to  his  private  virtues.  Living  in  a 
district  opposed  to  him  in  politics,  he  was  elected  by  a  decided  ma- 
jority over  a   man  of  sterling  worth  and  high  character. 

At  the  meeting  of  Congress  he  came"  here  to  fulfil  his  trust,  but 
the  disease  wliieli  had  marked  him  for  bis  victim  made  sucli  rapid 
inroads  upon  bis  constitution,  that  he  was  compelled  to  leave  his 
scat  tho  first  week  of  the  session.  He  returned  to  his  home,  where 
he  died  in  the  midst  of  his  family  and  friends.  Those  whom  he  had 
cherished  and  protected,  were  around  him  to  smooth  his  pillow  in  the 
last  struggle  between  time  and  eternity  ;  and  he  died  as  the  good 
man  only  can  die.  calmly  relying  upon  the  mercy  of  the  Redeemer. 
Whilst  we  mourn  liis  early  death,  we  should  rejoice  that  his  life 
was  so  pure  as  to  warrant  the  hope  that  he  has  only  exchanged 
mortality  for  a  happy  immortaUty. 


Mr.  Cameron   concluded    by 
lutions: 


submitting    the   frdlowing  reso- 


lirsitlrcd,  inKiithrtnimh/,  That  the  Senate  lias  received  with  deep  sen>ihilitv  the 
ine^^age  from  the  llou.^e  of  Representatives,  annoniicing  the  death  of  Hon.  Joa.N  W. 
UoRNDEcK,  a  Representative  i'roni  the  State  of  Pennsylvania. 

licsnti'cd,  unftrnmniii^hf.  That  the  memliers  of  the  Senate,  from  a  sincere  desire  of 
showing  every  niarli  of  resjiect  to  the  memory  of  the  deceased,  will  wear  tile  usnal 
had:.'e  of  mourning  for  thirty  days. 

liesolved,  That  as  a  furtiier  mark  of  respect  for  the  memory  of  the  deceased,  tb« 
Senate  do  now  adjourn. 

The  resolutions  having  been  unanimously  adopted, 

The  Senate  adjourned. 


January  24.] 


PETITIONS— RESOLUTIONS. 


149 


MONDAY,  JANUARY  24,  1848 


Mr  RUSK  niesented  the  credentials  of  the  Hon.  Sam  Hofs- 
TON,  elected  a  Senator  of  the  United  States,  from  the  State  ot 
Texas,  for  the  term  of  six  years  from  and  alter  tho  4th  day  ol 
March,  1847;  which  were  read. 

Mr.  HOUSTON,  haviug  taken  the  oath  prescribed  hy  law.  took 
his  seat  in  the  Senate. 

MESSAGE    FKOM    THE    PRESIDENT.      ■ 

The  following  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary  : 

TotkeSehateoftlie  United  Slates:  .•  i     ,o  ,       .     ,    i 

In  compliancH  with  tlic  re(iuest  of  the  Senate,  in  tlieir  resolution  ol  th.-  t.lth  ni>lant.  l 
herewith  communirate  a  re]iort  from  liie  Secretary  ol  War,  with  the  accom|iaii.nnc 
correiponJence,  containing  ttc  inlorniation  call.'il  lor,  in  relation  to  '•  loiccd  (•ontribu 
lions''  in 'Mexieo.  Ja.mes  K.  l.iLK. 

Washington.  January  '^4, 184(^. 


ing  privilcae  ;  which  was  referred  to   the  Committee  on  the  Post 
Otiice  and  Post  Roads. 

Mr.  BRADBURY  presented  the  petition  of  Amos  Doughty,  a 
soldier  in  the  last  war  with  Great  Britain;  which  was  referred  to 
the  Committee  on  Pensions. 

Mr.  ASHLEY  presented  the  petition  of  Reynolds  May,  pray- 
iii<'  to  be  released  from  a  judgment  rendered  against  hint  at  the 
suTt  of  the  United  States;  .which  was  referred  to  the  Committee  on 
the  Judiciary. 

Mr.  JOHNSON,  of  Md.,  presented  the  petition  of  Alexander 
Murdock,  Treasurer  of  the  tirst  Presbyterian  Church  of  Baltimore, 
praying  the  return  of  duties  levied  on  certain  articles  imported  for 
the  u.siTof  that  church;  which  was  referred  to  the  Committee  on 
Finance. 


On  motion  by  Mr.  DAYTON,  it  was 

.Ordered,  That  it  be  printed. 

PETITIONS. 

Mr.  WEBSTER  presented  a  petition  nf  Importing  merchants 
of  the  city  of  Boston,  praying  a  modification  of  the  8th  Section  ot 
the  Tarili"  Act,  of  July  SOth,  1846,  relating  to  assessments  ol 
duties  on  invoices;  which  was  referred  to  tho  Committee  on  Finance, 
and  ordered  to  be  printed. 

On  presenting  this  petition,  Mr,  WEBSTER  remarked  that  its 
signers,  persons' of  eminent  respectability,  complained  of  a  provis- 
ion in  the  8th  section  of  the  law  commonly  called  the  Tarill  Act 
of  1846,  to  which  lie  desired  to  call  tlie  attention  ot  the  Finance 
Committee,  It  would  be  remembered  that  under  that  law  all  du- 
ties were  ad  valorem,  to  be  assessed  upon  thevaluo  at  the  port  where 
entered,  and  that,  to  determine  the  quantity,  the  articles  .were  to 
be  weighed,  guagcd  or  measured  by  the  proper  officers  at  the 
Custorn  Houses.  "  Now  this  8th  section  of  the  law,  while  it  very 
properly  provides  for  the  payment  of  duty  upon  any  excess  be- 
yond the  amount  of  tho  invoice,  also  declares  that,  m  assessing 
the  duty  upon  goods  imported,  "under  no  circumstances  shall  the 
duty  be  assessed  on  an  aniount  less  than  the  invoice  value."  The 
petitioners  complain  that  under  this  provision,  when  the  goods  in- 
voiced fall  short  of  the  invoice,  either  in  weight,  guage  or  measure, 
they  are  compelled  to  pay  duties  on  that  which  they  do  not  receive. 
They  therefore  request  that  the  section  referred  to  should  be  so 
amended  as  to  read  ''that  on  all  articles  usually  bought  and  sokl 
by  weight,  iiuage  or  measure,  the  duties  thereon  shall  be  computed 
and  pafd  according  to  the  returns  of  weight,  guage  or  measure,  of 
the  sworn  olficers  of  the  United  States  in  the  several  ports." 

Mr.  WEBSTER  presented  the  petition  of  the  citizens  of  Bed- 
ford County,  Pennsylvania,  praying  a  reduction  of  the  rates  ot 
postage  on  newspapers;  which  w;is  referred  to  the  Coimnittee  on 
the  Post  Office  and  Post  Roads. 

Also,  a  memorial  of  ministers  and  laymen  of  the  Unitarian  de- 
nomination of  Christians,  praying  the  adoption  of  p.aeitic  measures 
for  securing  an  immediate  and  permanent  peace  with  the  Republic 
of  Mexico;  which  was  laid  upon  the  table. 

Also,  the  petition  of  citizens  of  Billerica,  Ma.ssachusetts,  praying 
the  adoption  of  measures  for  terminating  the  war  with  Mexico; 
which  was  laid  upon  the  table. 

Mr.  BERRIEN  presented  a  memorial  of  J.  J.  Flournoy,  pray- 
in"  the  adoption  of  measures  for  establishing  a  tribunal  for  the 
peaceable  adjustment  of  international  disputes;  which  was  referred 
to  the  Committee  on  Foreign  Relations. 

Mr.  LEWIS  presented  a  memorial  of  the  General  Assembly 
of  the  State  of  Alabama,  praying  the  establishment  of  a  national 
armory  near  the  city  of  Tuscaloosa,  in  that  State;  which  was  re- 
ferred to  the  Committee  on  Military  Affairs. 

Mr.  BAGBY  presented  a  memorial  of  the  General  Assembly  of 
the  State  of  Alabama,  praying  the  graduation  and  reduction  of  the 
price  of  the  public  lands  in  that  State;  which  was  referred  to  the 
Committee  on  Public  Lands. 

Mr.  DICKINSON  submitted  additional  documents  relating  to 
the  claim  of  the  heii-s  of  Jethro  Wood;  which  was  referred  to  the 
Committee  on  Patents   and  tho  Patent  Offieo. 

Also,  the  petition  of  citizens  of  Nunda,  Now  York,  praying  a 
reduction  of  the  rates  of  postage  and  the  discontinuance  ol  the  frank- 


On  motion  by  Mr.  BELL,  it  was 

Ordered,  That  Susan  Coody  and  others,  Cherokee  Indians,  have 
leave  to  withdraw  their  petition  and  papers. 

On  motion  by  Mr,  JOHNSON,  of  La.,  it  was 

Ordered,  That  the  petition  of  the  heirs  of  Nicholas  Barra,  on 
the  files  af  the  Senate,  be  referred  to  the  Committee  on  Private 
Land  Claims. 

ROUTE  TO    CALIFORNIA. 

On  motion  by  Mr,  WESTCOTT,  it  was 

Ordered.  That  in  printing  the  documents  communicated  by  tho 
Secretary  of  War,  on  the  15th  December  last,  in  answer  to  there- 
solution  of  the  Senate  of  the  9th  December,  all  papers  not  connec- 
ted with  or  appended  to  the  report  of  Lieutenant  Emory,  trans- 
m,itted  to  the  Senate,  and  with  the  report  of  Lieutenant  Colonel 
Cooke  to  Colonel  J.  J.  Abert,  Chief  of  the  Topographical  Bureau, 
dated  December  6.  1847,  be  excluded. 

NOTICES    OF  BILLS. 

Mr.  ASHLEY  gave  notice  that  he  would,  at  an  early  day,  ask 
leave  of  the  Senate  to  introduce  a  bill  to  extend  the  maritime  ju- 
risdiction of  tho  United  States'  courts  to  all  the  navigable  waters 
of  the  United  States. 

Mr.  RUSK  gave  notice  that  he  would,  at  an  early  day,  ask  leave 
of  the  Senate  to  introduce  a  bill  authorizing  the  President  of  the 
United  States  to  increase  the  Naval  establishment. 

CLERK    TO    THE    COMMITTEE    ON    PRINTING. 

Mr.  CAMERON  submitted  the  following  resolution  for  conside- 
ration; 

Jiesoh'cd,  That  the  Committee  on  Printinff  be  authorized  to  emjiloy  a  Cletl;,  to 
wiiotn  tiie  usual  [ler  diem  eoin|)ensation  shall  be  paid,  oat  of  the  contingent  fund  of 
the  Senate. 

MR.  wise's  correspondence. 

Mr.  HUNTER  submitted  the  following  resolution,  which  Was 
conisdered  by  unanimous  consent,  and  agreed  to: 

Itesofveil.  Tliat  the  IVsident  of  the  United  Slates  be  requested  to  communieate  to 
the  Senate,  if  not  inconsistent  witli  the  public  interest,  the  correspondence  of  Mr. 
Wise,  late  Minister,  Sic.  of  thel'nited  States  at  the  court  of  Brazil,  with  the  Depart- 
ment of  St.-ile,  of  the  United  Slates,  and  with  the  Minister  and  Secretary  of  State  for 
foreign  alTairs,  of  Brazil,  with  tlie  accompanying  pa(>ers,  as  embraced  m  his  despatchei 
from^numher  5:i  to  number  tU  inclusive,  and  in  his  despatch  from  off  the  capes  of  Vir- 
L'inia,  dated  October  0th,  1847,  anil  in  Ins  letter  to  the  Secretary  of  Slate,  dated  at 
Washinclon,  November  3d,  1847;  and  the  despatches  of  Mr.  Buchanan,  Secretary  of 
Slate,  to  Mr.  \V(se,  number  :i(),  dated  the  Cil  Febrnary,  1847,  and  number  33,  dateil 
'.i'Jth  Marcli.  1847;  all  relatiiij;  to  the  imprisonment  of  AJonzo  B.  Davis,  a  Lieutenant 
of  the  United  States'  Navy,  "and  three  seamen  of  the  United  States,  by  the  police  au- 
thority of  the  city  of  Rio  de  Janeiro,  on  the  31st  of  t^ctober,  1846. 

UNITED    states'    DISTRICT    JUDGE    FOR    SOUTH    FLORIDA. 

Mr.  WESTCOTT  submitted  the  following  resolution,  which 
was  considered  by  unanimous  consent,  and  agreed  to; 

Resolved,  That  the  Committee  on  the  Judiciary  be  instructed  to  inquire  into  the 
propriety  of  increasing  the  salary  of  the  United  States'  District  Judge  for  South  Flo- 
rida. 

EXPLOSION    OF    STE.4M-B0ILERS. 

Mr.  WESTCOTT  submitted  the  following  resolution,  which 
was  considered  by  unanunous  consent,  and  agreed  to; 

Resolred,  That  the  Commissioner  of  PatenU  be  directed  to  report  to  the  Senate 
such  information  as  he  may  have  in  his  possession,  or  may  obtain,  that  he  deems  im- 
portant, with  reference  to  fnrlherlegislation  by  Congress,  for  the  prevenUon  of  the  e.^t- 
plosioo  of  steam-boilers  used  in  boats,  or  for  engines  on  roailroads,  and,  whether  any 
amendmenUto  the  Patent  laws  are  ailvisable  toeflect  such  object. 


150 


PUBLIC  AND  PRIVATE  BILLS,  ETC. 


[Monday, 


RETROCESSION    OF    ALEX.\NDKIA. 

Mr.  HUNTER,  from  the  Committee  on  the  District  of  Colum- 
Ilia,  to  whom  had  been  reierred  the  bill  sujjplemental  to  an  act 
passed  tiie  9th  day  of  July  in  the  year  184(i,  entitled  ''An  act  to 
retrocede  tlie  eoumy  of  Alexandria  in  the  District  of  Columbia,  to 
the  State  of  Virginia,"  reported  it  without  aliniendment. 

MILITARY    LAND    WAllBANTS. 

Mr.  BREESE,  from  the  Committee  on  Pulilic' Lands,  reported 
a  bill  III  require  the  holders  of  military  land  warrants  to  compen- 
sate the  land  ollicers  of  the  United  States,  for  services  in  relation 
to  the  location  of  those  warrants  ,  which  was  rctid  and  passed  to 
the  second  reading. 

ILLINOIS    KAIL    ROAD. 

Mr.  BHV.ESE,  from  the  Committee  on  Public  Lands,  to  whom 

was  referred  the  bill    crantinii  to  the  State  of  Illinois,  tlic  rii'ht  of 

'  wav,  and   a  donation  of  public   laud,  for   makiu;;  a   rail  road   con- 

necting  the  upper  and  lower  Mississipjii.  with  the  chain  ol  northern 

lakes  at  Chicago,  reported  it  without  aiucndiueut. 

Mr.  BREESE  also  sulnuitted  a  report  "U  the  siilijecl  ;  wliirli 
was  ordered  to  be  primed. 


ArJfT.\NT    OF 


Tltr.    MILITAKV    .VCArt;MV. 


w 

Mr.  BADGER,  from  the  Committee  on  Military  Allairs,  re- 
ported a  bill  placins  the  odicer,  who  perforins  the  duty  of  Adju- 
lant  at  the  Military  Academy,  on  au  equality,  as  to  pay  and  al- 
lowances with  the  Adjutauts  of  Regiments. 

PRIVATE    DILLS. 

Mr.  ATCHISON.  Iroiu  tljc  Coinmiltce  on  Indi.-iii  .Mlaiis,  to 
whom  was  referred  the  petition  of  Jonathan  Lewis,  submitted  a 
report  accompanied  by  a  resolution  for  his  relief. 

The  resolution  was  read  and  jia.ssed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  BALDWIN,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  bill  for  the  relief  of  Jeanette  C.  Huntington, 
widow  and  solo  executrix  of  William  D.  Cheever.  deceased,  re- 
ported it  without  ameiulmcut. 

Mr.  BALDWIN  also  submitted  a  report  upon  the  subject, 
which  was  ordered  to  be  printed. 

Mr.  WESTCOTT,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  petition  of  Don  Carlos  Blake,  adjutant  of  the  3d. 
regiment  of  Infantry,  submitted  an  adverse  report  ;  which  was 
ordered  to  be  printed,  together  with,  an  accompanying  letter  from 
the  Quartermaster  General  on  the  subject.  , 

Mr.  DAYTON,  from  the  Committee  on  Patents,  reported  a  bill 
for  the  relief  of  Oliver  C.  Harris;  which  w.is  read  and  pas.scd  to 
the  second  reading. 

Mr.'UPHAM,  from  the  Committee  on  Revolutionary  Claims,  to 
whom  was  reierred  the  petition  of  the  widow  and  heirs  of  Dr.  Gus- 
tavus  B.  Horner,  late  a  surgeou  iu  the  army  of  the  Revolution, 
submiLted  an  adverse  report;  which  was  ordered  to  be  printed. 

Mr.  FELCH,  from  tiie  Committee  on  Jublic  Lands,  to  whom 
was  referred  the  petition  of  Jolui  Miilikcn  and  otiicrs,  submitted  a 
report  accompanied  by  a  bill  for  the  relief  of  John  Milliken  and 
others,  to  secure  certain  rights  to  |)re-emption  in  the  State  of  Lou- 
i-iana,  and  for  other  purposes. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed, 

GEN,  Taylor's  views. 

The  Sentite  proceed  to  consider  the  following  resolution,  submit- 
ted by  Mr.  BERRIEN  on  the  20th  instant;  and  it  wtis  .agreed  to: 

Knsijtrcd,  Tlmtttie  i'ro^ident  of  tin;  IJiiited  Ht:il.i>s  l,e  r«  iiissti'il  to  tiiriiisli  lo  I'leS-'- 
nalp.  topies  ot'tlielellL'rs,  reports,  or  otliLTcomnmiiifatioiis  vvliicli  »tf  rel'crrnt]  to  in  tlie 
I'nter  of  Gt'iierai  Ziii-tiary  'I'ayiur.  ilalL-d  at  New  (Irlraiis,  'j:Jlli  July.  IH-t,'>,  an:l  a-l- 
ilvr-sswl  lo  lilt!  Hpcr.'t.ary  ol'  War,  aiitl  wliirli  arr;  so  ri-fcrri'd  tll,^^  coiiiaioiiigth,'  \ip\\s 
of  i:cnt,ral  Tiiylor.  pi-pvionsly  comiiilliiic!U*!il  in  lc;:anl  to  tlir-  liiif  proprT  to  lie  oi'i-tnu- 
Mlatllia'tiiiu.  hy  the  rnlloil  Satus;  aiul  aiiv  rimilar  TOininuiii.-alioii  I'rmn  any  olli.-r 
oniii-arinyon  Ibi-  samr-  Mvliji-il;  iinli,s.s  lie  be- of  opinion  llial  a  tonilollnicallo'o  oi'llio 
sanii;  be  inconsistent  witli  tin-  pnlrlic  lnt,'rr'^l^. 

WASHINGTON  MONtJiMEXT. 

The  Senate  proceeded  lo  consider,  as  iii  Cuuiiuitirc  of  tlic 
Wiole,  the  resolution  .authorizing  the  erection,  on  the  public 
"rounds  in  the  city  of  VVashiiiL'ton,  of  a  monuuient  to  George 
\Vashington;  and  no  amendment  bciuLr  made,   it    was  rep  ''^ 

the  Senate. 


eportoil  to 


Ordered,  That  it  be  engrossed  and  read  a  third 


The  said  resohitirn  was   read  a  third   time  by  UHaniniuus  cj 
stjnl . 


Jiesotvcd,  That  it  (Kiss,  ami  tlial  tlie  title  thereof  be  fl^  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  tiio 
House  of  Representatives  iu  this  resolution. 

aiEXICAX  TERRITORY. 

The  Senate  proceeded  to  consider  the  following  resolution,  sub- 
mitted on  the  l.Stli  instant  by  Mr.  Baldwin  :       " 

/{{:■!/>/ ml,  Tliat  tlie  iVe.siiieiit  of  the  United  Stotis  be  rcqu«ited  to  eommanicat<.>  to 
till-  Si-iiate  any  inlbrmalion  lie  may  jiosiess  ill  ivj^ard  lo  tite  extent  and  vaJue  of  the 
l>ulilie  (loiiiaiu  (if  any)  belon^'inj  to  the  Kepnbtie  oi'Mexlco,  and  aUo  in  regard  to  ttio 
power  of  that  Republie,  undei-  tlie  fnndanieiitnl  laws  thereof,  to  eede  lo  any  tbrciwii 
^'overiiinem,  wliellier  iiioiiarehieal  or  republican,  the  sovereignty  and  domiuioti  o-.^er 
any  of  tlie  lui-iiibers  of  that  coulWk-racy,  or  tlie  people  thereof. 

Mr.  HANNEGAN  asked  for  a  second  reading  of  the  resolution, 
and  after  it  had  been  read,  remarked  that  before  the  vote  of  the 
.Senate  was  taken  on  the  resolution,  he  should  desirMo  liavi'  some 
explantuion  of  it  olfered  by  the  mover. 

Mr.  BALDWIN.— I  will  state,  Mr.  President,  in  a  few  words, 
the  object  which  I  have  iu  view  in  moving  that  resolution.  The 
President  of  the  United  St.ates,  in  his  mcssaac  at  the  opening  of 
llie  ses?ion.  has  iulormed  Congress  that  the  republic  of  Mexico  has 
n.i  means  of  indeiimifying  us  for  the  claims  ol  our  citizens,  except 
by  a  cession  of  her  territory  or  a  portion  thereof.  He  has  also 
stated  in  his  message,  that  it' must  have  been  the  intentioR  of  Con- 
grc.ss  iu  their  act  oi  tlie  last  session,  and  iiarticuktrly  in  the  appro- 
priatioiiof  three  millions,  with  a  view  to  negotiate  with  the  gov- 
crnuient  of  Mexico,  to  acquire  a  cession  of  territory  from  the  re- 
public; and  to.  acquire  probably  the  cession  of  territory  of  greater 
value  than  the  amount  of  the  claims  which  might  bo  dueto  our 
citizens.  Now,  sir,  the  object  of  the  first  part  of  the  resolution'is  • 
lo  inquire  whether  the  President  possesses  any  information,  and  if 
so,  to  request  him  to  commimicale  it  to  the  Senate,  in  resard  to 
the  extent  and  value  of  the  iiublic  domain  of  Mexico,  which  it  is 
in  the  power  of  that  government  to  code  to  the  United  States — 
whether  Mexico  has  any  public  dornain  whatever — whether  she 
has  any  land,  any  mines,  -any  available  property  which  may  he 
converted  into  the  means  of  paying  the  United  States  claimants  ; 
or  whether  the  President,  in  his  recommendation  to  pursue  the 
war  for  the  purpose  of  acquiring  territory,  has  in  view  simplv  the 
acquisition  of  dominion  ovcrthi^  people,  or  anypart  of  the  Mexican 
republic.  And,  nir,  if  the  latter  be  the  object — if  Mexico  has  no 
public  domain — if  we  are  not  seeking  the  actpiisilimi  of  property  as 
such,  but  are  seeking  simply  lor  the  acquisition  of  ilnmiiiion,  tiicn, 
sir,  the  object  of  the  second  pari  of  the  resolution  is  to  inquire  of 
the  President  whether  he  possesses  any  inl'oruiation,  and,  if  so,  to 
request  hira  to  communicate  the  information  to  the  Senate,  in  ref- 
erence to  the  power  of  the  Mexican  republic  to  eede,  cither  to  the 
government  of  the  United  States,  or  to  any  foreign  government, 
either  of  the  States  of  that  confederacy,  the  sovereignty  over  either 
of  the  States  of  that  confederacy,  or  any  portion  of  the  people 
thereof.  ; 

I  ask  this  information,  sir,  to  enable  me  to  act  intelligently  and 
to  cuablc  Senate  to  act  intelligently,  not  only  upon  the  reeommeu- 
dation  of  the  President,  but   upon  tiie  resolutions  which  are  now 
pending  before  the  Senate.    The  resolutions  offered  by  the  Senator 
from  Indiana    (Mr.    Hannegan.)    assert   the  right  of  the  United 
States  to  acquire  the  dominion,  and  the  possibility  that  it  may  be- 
come necessary  to  acquire  the  uouiinion,  over  thel{cpubiie  of  Mex- 
ii-o.     I  ask  it  for  the  purpose  of  ennablhig  me  to  act  intcUigentlv 
upon  those  resolutions.    I  ask  it  also  in  rclercnce  lo  tlie  resehitions  of 
the  Senator  from  New  York  (Mr.  Dick'inso.n')  assorting  that  it  is  the 
true  policy  of  the  government  of  the  United  States  to  strengthen  its 
commercial  relations  and  its  political  relations,  also,  the  annexation 
of  contiguous  terriiory  wherever  it  m.ay  he  justly  acquired.     I  wish 
to  know,  whether    Mexico   has  the   power  of  ceding  to  the  United 
States  any  portion  of  her  sovereignty  over  any  of  the  members  of  tliat 
Republic — whether  \vc  can  lawi'ully  and  justly  acquire  the  sover- 
eignty, either  hy  demanding  a  treaty  of  cession,  or  in  anv  other  wav. 
For,  it  must  bo   known  to  the    members  of  the  Senate,  that  whtin 
INIcxico  was  an  cm)>irc  under  the   irovcrument  of  Iturbidc,  he  was 
required  to  take  au  oath   on  entcnng  upon  the  administration  of 
the  government,  that  he  never  would  eede  or  alienate  any  portion 
of  its   territory.     We   all  know  that  when  that  goveitiment  was 
overlhrown  and   a  confederated   republic   w"as  established   in  its 
locmi,  by  the  union,  for  that  purpose,  of  the  nineteen  States  com- 
posing the  Republic  ol'  Mexico,  that  union  was  based  upon  the  same 
jiiinciples  upon  which  our  government  is  founded,  the  Constitution 
of  the   United  Stales  having  been  adopted  as  the  model  oi'  that  cl 
the  Mexican  Republic,     And,  sir,  need  I  ask  whether  any  author- 
ity could  be  derived  from  a   Constitution   modelled   after  our  own, 
for  lh(!  cession  to  a  foreign  government  of  any  portion  of  the  sov- 
ereignty over  :my  of  the  territories  of  States  composing  that  Re- 
public?  Docs  any  citizen  of  the  United  States  suppose  that  it  would 
Itc  coin[n'tcn1  for  this  government  to  cede  iu  payment  of  the  claims 
of  a  foreign   government  against  us,  any  one  of  the   Stales  of  this 
Union?     Did  the  Sttito  of  Maine,  or  the   Stale  of  Massachusetts, 
hold  to  any  such  <loeirine,-when  the  North-Eastern  boundary  ques- 
tion was  iu  agitation  before  the  country?     Did  the  government  of 
lilt!  Uiiitt^d  States  suppose  that  they  could,  for  the  purpose  of  set- 
tlinir  that  great   national  controversy,  eede  to   Groat  Britain  any 
jiortion  of  the   State  of  Maine,  witliout   the   assent   of  that   State 
lirst  obtained  ?     If,  then,  these   arc   the  doctrines  of  this  republic, 
1  wish  to  know  whelhcr,  when  the  President  of  the  United  States 
recommends  to  Congress  to  obtain   a  cession  of^territoiy  from  the 


January  24. j 


POWER  OF  MEXICO  TO  CEDE  TERRITORY. 


151 


Mexican  i-opublio,  and  to  pursue  this  war  into  "the  very  vitals  of 
that  republic,''  until  thereby  such  cession  is  obtained — I  wish  to 
know  whether  the  Mexican  republic  has  the  ri<xht  to  make  this 
cession,  before  I  can  decide  intelligently  the  question  whether  this 
republic  can  in  honor  make  the  demand  of  Mexico'?  I  wish  first 
to  know  wlietlier  Mexico  has  the  power  to  comply  with  that  de- 
mand consistently  with  the  fmidamental  ])rinciple  ui)on  which  that 
i^overnment  is  based  ?  Wc  all  know,  that  by  the  general  princi- 
ples of  the  law  of  nations,  it  is  not  competent  for  a  jjovernment  to 
dismember  itself  by  tbe  cession  of  tlic  sovereignty  over  any  portion 
of  its  people  to  a  foreign  power  ;  and  that  if  it  attempts,  for  the 
promotion  of  its  o^'n  interests,  to  make  such  a  cession,  it  is  op- 
tional, by  tlie  law  of  nations,  with  that  member  of  tlie  government 
whieli  It  is  attemptod  to  cede  awaj'  to  a  foreign  jurisdiction,  to 
assent  to  such  a  ses.sion  and  yield  obedience  or  not,  as  it  may  be 
able  to  sustain  a  position  independently  or  not.  But,  sir,  who  are 
the  parties  in  the  present  case  ? — What  are  the  principles  upon 
which  otiT  government  is  based,  and  upon  wliich  the  Mexican  re- 
public is  b.ased  by  its  constitution  modelled  after  olTi'  own  ? — mil  to 
wh.it  result  do  the  considerations  dedncible  from  tliese  institutions 
lead  us,  other  than  I  have  stated,  unless  there  be  in  the  possession 
of  the  President  information  which  he  may  have  it  in  his  power  to 
communicate  to  the  Senate  which  would  change  the  result  ?  Our 
government  is  based,  sir,  as  we  all  know,  upon  that  great  decla- 
ration, that  the  right  of  sovereignty  is  inalienably  in  the  people. 
Tlie  Mexican  government  was,  as  1  have  remarked,  based  upon 
the  same  jirinciple  ;  and  are  we  who  sent  forth  ihis  declaration  of 
popular  right — a  declaration  at  war  wiih  the  then  existing  institu- 
tions of  the  world  and  utterly  at  variance  with  the  creat  dogma,  upon 
which  they  were  based,  of  the  divine  right  of  Kings  to  aovern  and 
the  duty  of  the  people  to  obey,---aro  we.  I  ask,  wi'^o  cl.-ilni  to  have 
.  discovered  and  promuigiited  for  the  first  time,  the  inalienable  right 
of  sovereignty  iii  the  people,  now  about  to  ask  of  a  sister  republic 
that  she  shall  transfer  to  another  governmoat  a  portion  of  her  peo- 
ple, loyal  to  their,own  government  and  desirous  of  remaininff  un- 
der its  proteclion  ?  The  object  of  my  resolution  is  to  seek  for 
such  information  as  ths  President  ma'y  possess,  other  than  that 
which  we  can  derive  only  from  our  knowledge  of  the  inssilutions 
of  these  two  republics,  which  will  enable  us  to  judge  of  the  pro- 
priety of  demanding  and  endeavoring  by  force  of  arins  to  compel 
that  republic  to  make  a  cession  of  a  part  of  itself,  with  a  portion 
of  its  people,  thereby  transferring  them  as  property  to  be  govern- 
ed by  the  people  of  the  United  States. 

The  United  States  it  is  true,  sir,  have  heretofore  acquired  terri- 
tory by  the  cession  of  other  governments,  lint  in  what  circum- 
stances have  these  acquisitions  been  made  ?  In  the  first  place, 
the  United  States  claiming  tlie  proprietorship  of  all  the  territories 
included  within  the  original  juri.sdictiou  of  the  States  which  had 
extensive  domains,  held  that  inasmuch  as  those  territorial  domains 
had  been  aeqnireil  by  the  common  ellbrts  of  the  confederacy,  the  ju- 
risdiction should  be  ceded  to  the  government. of  the  United  States 
under  certain  conditions;  and  after  a  long  struiiglc  a  compronii--.c 
was  made  by  which  tjie  United  States  aecjuired  tlie  territory  and  ju- 
risdiotion  which  they  claimed,  and  which  had  been  also  claimed  bv 
the  ceding  States.  'That  was  the  first  instance,  if  such  it  can  b'e 
e.iUed,  of  an  acquisiti..n  by  the  government  of  the  United  States 
of  that  which  they  claimcil  to  be  already  their  ovyn,  by  the  cession 
of  the  States  within  wliose  original  territorial  limits  the  domain 
was  included,  'fhe  next  instance,  was  the  cession  of  Louisiana 
by  France.  But  that  was  the  cession  of  a  di.stant  colony,  claimed 
by  a  monarchical  government  in  the  Old  World.  We  stood  in  that 
case  upon  an  entirely  ditt'crent  principle  from  that  now  assumed  in 
seeking  a  cession  of  territory  by  a  sister  republic  on  our  own  con- 
tinent. Then  came  the  cession  of  the  Floridas,  a  ces.sion  made 
under  similar  circumstances^  to  that  of  Louisiana,  ihe  tcrritorv 
being  but  an  appendange  to  a  monarchy  of  the  Old  Worhl.  Next 
we  have  the  cession  of  Texas.  That  was  a  cession  made. by  the 
people  themselves,  who  claimed  to  have  established  an  independ- 
ent government — who  claimed  to  possess  the  sovereignty  of  the 
territory  which  they  undertook  to  transfer  and  annex  to  the  Union. 
They  yielded  up  voluntarily,  iif  convent  ion,  by  the  unaniiiious  eon- 
sent  of  the  people,  the  sov'ercignty  which  they  felt  they  were,  of 
themselves,  unable  to  maintain. 

But,  sir,  we  are  now  called  upon  for  the  first  time,  by  the  Pres- 
ident of  the  United  States,  to  enter  upon  the  career  of  eoufiucst — 
to  seek  the  acc;uisition  of  territory  by  a  forced  cession  from  a  .sister 
republic,  of  territory  no\y  under  the  dominion  of  t)ie  people  of 
another  government.  We  now  seek  to  transfer  that  people  to  our 
government,  and  to  transfer  them,  as  an  appendage  to  this  repub- 
lic—or  a  "territorial  appendage,''  in  the  language  of  the  resolution — 
and  perhaps  that  may  be  inferred  to  be  the  object  of  the  recom- 
mendation eontamed  in  the  message  of  the  President.  I  can 
hardly  suppose,  that  it  is  now  serio"usly  intended  by  any  one.  to 
incorporate  that  domain,  as  an  inte>a;alpart  of  the  UiiitedState's— 
to  invite  tJicm  to  come  in  and  participate  in  the  government  of  this 
republic  ?  If  iiicorporaied  at  all,  we  arc  asked  ,to  incorporate  them 
as  a  '•'territorial  appendage"  to  this  government.  Wow  the  object 
of  the  resolution,  which  I  have  had  the  honor  Submit,  is  to  ascer- 
tain from  the  President  of  tbe  United  States,  whether  he  possesses 
any  information  which  he  can  communicate  to  the  Senate,  showing 
that  such  a  cession  can  be  made  of  the  republic  of  Mexico,  m  coif- 
sistency  with  the  fundamental  law  of  the  republic  ? 

Mr.  HANNEGAN.— So  far  as  the  first  branch  of  the  reso- 
lution ol  the  Senator  from  Connecticut  is  concerned,  I  do  not 
know,  SU-,  that  I  have  any  objection  to  oBer.    I  presume  the  an- 


swer to  it  would  necessarily  be,  that  the  President  has  no  informa- 
tion upon  the  subject.  It  amounts  to  nothing.  I  pass  then  to  the 
second  branch  of  the  resolution.  The  Senator  in  tbe  com-se  of  his 
remarks,  thought  proper  to  refer  to  certain  resolutions,  which  1 
had  the  honor  to  submit  to  the  Senate,  a  short  time  since.  I  was 
not  in  the  Senate  on  Thursda\-  last,  at  the  moment  when  the  Se- 
nator introduced  his  resolution,  and  I  knew  nothini'  of  its  introduc- 
tion, or  of  its  import,  till  I  Tieard  it  read  this  mornins  at  the  Se- 
cretary's desk.  With  regard  to  rcy  own  resolutions,  1  do  not  feel 
myself  called  upon,  to  ?ay  anything  on  them  now  ;  but  with  refer- 
renee  to  the  second  branch  of  the  resolution  ofl"ered  by  the  Inmora- 
ble  Senator  from  Connecticut,  I  must  make  a  few  remarks.  I 
object  to  that  part  of  the  resolution,  on  several  grounds.  And  ni 
the  first  place,  I  remark,  that  that  information  which  it  calls  upon 
the  President  to  communicate  to  us,  is  presumed  to  be  a.s  fully  in 
the  possession  of  the  members  of  this  body,  as  it  can  be  in  that  of 
the  President  himself.  The  resolution  ask^  the  President  to  com- 
municate inform;ition,  relative  to  the  fundamental  law  of  a  foreign 
government.  WeW,  sir,  it  is  I  believe  to  be  presiimed,  that  we 
ought  to  know  as  much  as  the  Executive,  about  the  fundamental, 
law  of  a  foreign  government.  The  call  is,  therefore,  altogether 
unnecessary. 

The  question  discussed  at  some  length  by  the  Senator  from  Con- 
nicticut  is  one,  not  for  us,  but  for  Mexico  to  determine.  It  is  for 
iVIexico  to  say  whether,  under  her  fundamental  law — if  fiuuhimen- 
tal  law  she  has — there  is  po.wcr  to  cede  any  or  every  foot  of  terri- 
tory which  she  possesses.  That  power  Mexico  herself  has  already 
recognised.  She  has  already  asserted  that  power.  Pending  the 
negotiations  anterior  to  the  annexation  of  Texas,  Mexico,  as  every 
mcmbw  of  th  s  Senate  well  knows,  made  the  oli'er  to  Texas  of  a 
recoifnitioa  of  her  independence  on  condition,  that  she  should  refuse 
annexation  to  the  United  Slates;  thereby  adiuitiing  that  she  had 
the  power  to  dispose  of  any  portion  of  her  territory  at  her  will. 
She  always  claimed  Te.xas  as  hers  till  that  jieriod.  I  did  not 
ciitch  distinctly  the  whole  of  the  remarks  made  by  the  Senator 
from  Connecticut,  but  if  I  understood  the  purport  of  his  argument, 
he  holds  that  the  power  of  making  a  cession  of  territory  may  bc- 
lon'.r  to  a  monarchy,  but  docs  not  exist  in  a  republic.  The  Senator 
shakes  his  head.  Docs  he  then  deny  the  existence  of  that  power 
in  a  monarchy  ?  If  he  does,,  he  denies  a  principle  as  old,  I  was 
about  to  say  as  time — certainly  one  coexistent  with  the  monarehial 
form  of  government.  Thet'C  never  was  a  monarchy  upon  the  face 
of  tbe  earth  where  the  question  could  be  raised  as  to  the  right  to 
dispose  of  her  territory  or  dominions,  or  any  part  of  them — never. 
It  is  quite  enough  to  refer  to  the  "treaties  of  peace,  concluded  at 
the  termination  of  wars  between  great  monarchies,  in  order  to 
show  that  under  that  form  of  government  the  power  of  ceding  tei- 
ritory  was  always  exercised.  That  right  has  always  been  exer- 
cised in  monarchical  governments,  and  i  will  briefly  show  that  the 
majority  has  asserted  the  same  power  in  this  countiy.  But  I  con- 
tend here  that  Mexico,  being  neither  a  monarchy  nor  a  republic, 
nor  an  aristocracy,  but  an  anarchy,  must  have  the  right  some- 
where. The  Senator  sjieaks  of  a  fundamental  law  in  Mexico, 
about  which  he  would  call  u|ion  the  President  to  deliver  a  messase. 
What  is  that  fundamental  law?  What  has  it  been  from  l«32,"till 
the  present  hour  ?  Why,  sir,  it  has  been  nothing  but  the  arbitrary 
will  of  each  successive  military  despot,  who  has  raised  himself  to 
supreme  jkiwcy  by  his  sword. 

But  with  regard  to  the  power  of  making  a  cession  of  territory 
in  a  republican  government,  we  know  that  the  majority  have  twice 
decided  in  this  body  that  it  existed  here.  First,  u.  the  settlement 
of  the  rvorth-Eastern  boundary,  you  find,  by  the  unanimous  vote 
of  the  Senate  recorded  upon  your  journals,  that  it  w.is  declared 
that  the  whole  of  that  disputed  territory  was  tlie  property  of  the 
United  States,  and  yet  by  the  Ashburton  treaty,  a  large  portion 
of  the  territory  th«s  declared  to  be  ours,  was  surrendered.  I  re- 
peat, by  a  unanimous  vote  of  the  Senate — (if  I  am  in  error  I  can 
lie  corrected  ;  but  I  believe  I  am  right) — the  whole  of  that  terri- 
tory was  declared  to  be  the  property  of  the  United  States,  and  yet 
a  treaty  ratified  by  the  Senate  surrendered  a  large  portion  of  that 
territory,  and  the  most  valuable  in  a  military  point  of  view. 
Then,  again,  the  second  instance  is  afi'orded  in  that  blackest  fea- 
ture in  our  history — the  settlement  of  the  Oregon  question — in 
which,  afier  alniost  every  department  of  the  government  had  de. 
cliired  that  our  title  to  the  whole  of  Oregon  was  unquestionable,  we 
yielded  up  a  large  part  to  England.  There  exists,  then,  in  this  soy- 
ernmcnt,  as  in  a  monarchical  government,  the  jiower  of  ceding  terri- 
tory :  and  I  cannot  see  why  the  exercise  of  lli;;t  power  can  be  de- 
nied iu  an  anarchical  government,  such  as  that  of  Mexico.  At 
any  rate,  to  what  does  tiie  Senator's  argument  amount,  when  we 
eome  to  bring  it  directly  home  to  the  ea.se  as  it  exists  ?  Mexico 
has  for  a  series  of  years  urged  war  upon  us.  She  has  urgetl  a  war 
upon  us  by  every  act  which  has  ever  been  held  a  just  canse  of 
war  ;  nay,  by  a  series  of  acts,  running  through  a  period  of  twelve 
fir  thirteen  years,  from  the  hour  in  whi(.-!i  Texas  declared  herself 
independent.  From  the  battle  of  San  J.ieinto  down  to  the  battle 
of  Palo  Alto,  there  has  not  been  air  hour  iu  which  Mexico  was  not 
resolved  to  provoke  a  war  with  the  United  States.  The  whole 
history  of  the  intercom-se  between  the  two  nations  proves  as 
clearly  as  the  sunshine,  that  that  was  the  studied  and  constant 
eflbrt  of  Mexico.  On  another  occasion,  however,  I  shall  take  an 
opportunity  of  entering  at  length  upon  that  subject,  and  of  demon- 
strating, I  think  irrefragably,  the  soundness  of  the  position  which 
I  have  thus  assumed.  Mexico,  then,  urges  us  into  this  war. 
She  forces  upon  us  a  co.ifliot  involving  an  immense  sacrifice  of  life 
aud  espeiiditure  of  treasure  ;  and  at  the  close  of  this  conflict,  the 


152 


POWER  OF  MEXICO  TO  CEDE  TERRITORY. 


[Monday, 


Senator  from  Connecticut,  accordinc  to  the  doctrine  this  day  enun- 
ciated, would  suffer  Mexico  to  f;o  "scot  free,''  insisting  only  that 
she  should  say  sh?  was  sorry  for  her  conduct ! 

Sir,  I  do  not  approve  of  such  a  course  of  policy.  I  hold,  that 
in  common  with  all  nations  that  have  ever  existed,  we  have  aright 
to  make  this  offender  pay  the  penalty  of  her  transgression  .She 
has  no  gold  wherewith  to  reimburse  us,  but  she  has  land,  and  tliat 
land  we  want  and  I  hope  and  trust  we  will  get.  1  call,  if  it  be 
in  order,  for  a  division  of  the  question. 

Mr.  BALDWIN.— The  Senator  from  Indiana  says,  that  the  in- 
formation sought  by  the  resolution,  is  presumed  to  be  in  the  pos- 
session of  every  department  of  the  government.  Undoubtedly,  it 
is  always  presumed  that  we  arc  acquainted  with  the  srcneral  histo- 
rical facts  in  regard  to  the-  republic  of  McxicL  But,  when  the 
President  of  the  United  States  recommends  to  Congress  aspeemc 
course— when  he  recommends  to  Congress  the  acquisition  of  do- 
minion by  forced  cession  of  that  republic— and  when  a  knowledge 
of  the  fuudamental  institutions  of  that  republic  does  not  lead  us  to 
the  conclusion  that  she  has  the  power  which  the  Pre.sident  asks  us 
to  demand  her  to  exercise,  then  it  appears  to  me,  that  it  is  proper 
and  respectful  to  the  President  himself,  to  ask  that  he  shall  com- 
municate to  the  Senate  the  iuformatr-m  which  be  possesses,  and 
which  has  led  him  to  a  difl'crent  conclusion.  I  liave  endeavored  to 
show  that  upon  our  own  knowledge  of  the  fundamental  principles 
upon  which  that  irovcrnmeut  is  based,  we  could  not,  either  upon 
any  principle  recognized  bv  ourselves,  or  upon  any  principle  to' be 
found  in  the  law  of  nations,  infer  that  such  an  authority  existed; 
and  it  is,  because  I  have  felt  tliat  we  could  not  from  our  own 
knowledge,  perceive  that  Mexico  had  the  power,  wliieh  it  is  ne- 
cessary she  should  po.sscss,  to  enable  her  to  make  the  cession  we 
require,  that  I  deemed  it  due  to  the  Executive  to  call  upon  him 
for  any'iuformation  he  may  possess  which  has  led  him  to  arrive  at 
a  different  conclusion.  But,  sir,  the  Senator  from  Indiana,  says 
that  this  is  not  a  question  for  us — it  is  for  Mexico  alone,  to  deeicio 
whether  she  has  the  power  to  cede  or  not.  Is  this  so,  sir  ?  Are 
we  called  upon  to  expend  millions  of  the  public  money  for  the  ac- 
quisition of  territory  without  being  permitted  to  inquire  into  the 
nature  of  the  title  wliich  we  may  get  ?  Is  it  enough  that  the 
Mexican  republic  under  the  pressure  of  our  arms  will  be  willing 
to  vacate  her  own  jurisdiction  ?  Does  that  satisfy  the  United 
States  that  they  thereby,  will  rightfully  acquire  .sovereignty  over 
that  people  ?  1  desire  that  the  President  may  inform  us  upon 
what  principle  recognized  by  ourselves — upon  what  principle 
reeoffnized  by  the  republic  of  Mexico,  the  sovereignty  of  the 
people  is  transferrablo  like  property  for  the  payment  of  claims 
against  that  government.  Is  that  the  doctrine  of  the  Ameri- 
can people?  Do  they  hold  that  sovereignty  is  no  longer  inali- 
eniiblc,  as  it  was  declared  to  be  by  our  .fathers  in  the  days 
of  the  Revolution  ?  Do  they  hold  that  it  is  a  commodity  to  he 
transferred  from  one  people  to  another  in  payment  of  demands 
against  that  confederated  government,  which  it  may  not  be  conve-, 
nient  for  that  government  to  discharge,  except  by  ceding  a  portion 
of  the  confederacy,  to  another  government?  How  would  this  doc- 
trine be  regarded  if  its  appheation  were  attempted  by  a  foreign 
government  either  to  the  people  of  this  country  or  to  the  people  of 
Mexico  ?  My  friend  from  Indiana  has  introduced  a  resolution  af- 
firming that  this  government  could  not  look  with  complacency  up- 
on the  establishment  of  monarchical  government  over  any  portion 
of  this  continent.  But,  sir,  Mexico  owes  to  subjects  of  monarchi- 
cal governments  a  debt  immensely  greater  than  the  amount  due 
by  her  to  our  citizens.  Mexico  owes,  as  we  are  informed — if  I 
mistake  not,  by  Mr.  Slidell — a  debt  of  one  hundred  and  fifty  mil. 
lions  of  dollars,  of  which  by  far  the  largest  portion  is  due  to  the 
subjects  of  monarchical  governments  in  Europe.  If  Mexico  has  a 
right  to  pay  her  debts  by  the  cession  of  her  territories,  has  not  any 
other  government,  whose  duty  it  is  to  protect  its  own  citizens  and 
_  obtain  indemnity  for  their  just  claims,  the  same  right  that  wc  have 
'  to  demand  that  the  claimants  shall  be  paid  in  territory  ?  And  how- 
can  we,  a  sister  republic,  justify  ourselves  before  the  world  in  ma- 
king a  solemn  declaration  that  we  will  not  look  with  complacency 
upon  the  establishment  of  any  monarchical  government  upon  this 
continent — that  we  will  resist  the  cession  of  any  teiritory  to  any 
foreign  government,  when  we  arc  ourselves  asserting  the  right  of 
Mexico  to  transfer  dominion  over  the  Slates  of  that  eonl'ederacv  in 
satisfaction  for  the  claims  of  our  own  citizens  ?  I  should  like  to  be 
consistent  before  the  world-  I  would  make  no  avowal  t)f  right, 
claimed  by  us,  which  I  would  not  equally  concede  to  any  other  Go- 
vernment. 

But,  sir,  I  deny  entirely  the  power  of  Mexico  to  cede  either  to  a 
monarchical  government  or  to  this  republic,  any  jiortion  of  the 
sovereignty  of  the  people  of  that  confederacy,  without  their  con- 
sent. I  deny  that  the  government  of  Mexico  has  a  risht  to  cede 
to  the  government  of  the  United  States  a  jurisdiction  o~vcr  Tamau- 
lipns,  for  the  purpose  of  satisfying  the  demands  of  our  citizens 
against  ihe  I\Iexican  government,  which  it  is  nut  cinivenicnt  lor 
her  at  this  timer  to  diM-harirc.  1  deny  that  she-  has  any  iniu-c 
power  to  do  so  than  the  United  States  would  have  to  cede  one  of 
the  States  of  this  Union,  for  the  purpose  of  dischargiinr  anv  claims 
which  might  exist  against  the  government  on  the  jiart"of  the  peo- 
ple of  anv  foreign  government.  I  ask,  Mr.  Prcsiilcnt,  is  it  in  the 
power  of  any  of  the  Stales  of  this  Union — of  Mississippi,  for  ex- 
ample, or  of  any  other  State,  owing  debts  which,  at  this  moment 
it  may  not  feel  itself  able  to  discharge — to  cede  a  pcirtinn  of  us 
sovereignty  for  the  purpose  of  discharging  tlie  debt  ?  Has  iliis  Re. 
public  that  power  J    It  uot,  why  I    Because,  like  evcrv  other  frcu 


government,  ours  is  based  upon  the  great  principle  that  sover- 
eignty vests  in  the  people,  and  is  ever  inalienable  withont  the 
assent  of  the  people.  We  are,  I  believe,  about  to  enter  on  a  ca- 
reer for  the  establishment  of  a  new  principle  which  calls  for  the 
avowal  by  tliis  republic  of  the  doctrine  that  we  can  deprive  an- 
other people  of  tlieii-  sovereignty,  in  order  to  obtain  payment  of 
the  claims  which  we  have  against  them.  This,  sir,  is  entirely  in 
accordance  with'lhat  spirit  of  rapacity  which  in  other  countries 
has  led  to  the  conquests  made  by  kings  claiming  to  govern  by  di- 
vine right.  We  hold  a  different  theory.  We  have  promulgated 
a  different  doctrine  heretofore.  We  claim  that  all  men  are  to  be 
regarded  as  capable  of  self  government — that  in  regard  lo  their  po- 
litical rights  they  stand  on  the  broad  platform  of  equality,  liberty, 
and  freedom.  It  is  our  boast,  sir,  to  cherish  these  principles — lo 
manifest  our  sympathy  wherever  the  spirit  of  republicanism  e.^ts. 
Europe  now  Iccls  the  inlluence  of  our  example,  and  the  great 
principles  of  free  government  begin  to  be  acknowledged.  ■  Are  we 
then  now  about  to  establish  a  different  doctrine  ?  Are  we  about 
to  rcjapse  into  despotism  V  Are  we  to  o8<;r  in  our  policy  a 
justirication  of  the  conduct  of  those  who  have  claimed  by  the 
divine  right  of  Kings  to  indulge  in  rapacity  and  conquest? 
I  hope  not.  And  if  the  President  of  the  United  States  asks  us  to 
wage  the  war  with  Mexico  for  the  purpose  of  forcing  from  her  a 
cession  of  her  territory,  it  is  due  to  him — it  is  due  to  ourselves— 
that  we  shou'.d  respectfully  ask  of  bim  to  inform  us  upon  what 
piinciple  in  the  Government  of  that  republic,  we  are  authorized  to 
demand  that  cession?  I  wish  the  President  to  inform  us  whether 
if  Mexico  should  cede  to  us  this  territory  which  we  are  thus  seek- 
ins  to  aeipiire,  we  should  thereby  acquire  a  right,  independently 
of  the  will  of  those  thus  ceded  to  us,  to  exercise  dominion  over 
them;  or  whether  we  shall  then  be  obliged  to  make  a  new  treaty 
w-ith  those  who  are  thus  attemjited  to  be  transferred ,  before  we 
shall  acquire  any  right  whatever  over  them.  I  do  not  deny — it  is 
not  necessary  that  I  should  deny — the  power  of  one  repubhe,  feel- 
ing its  inability  to  maintain  its  own  sovereignty,  to  merge  itself  in 
that  of  another,  as  was  done  by  the  Government  of  Texas,  though 
I  do  deny  the  jjower  of  this  republic  to  acquire  territory  in  the 
manner  in  which  Texas  was  acquired  without  the  consent  of  the 
people.  But  the  Senator  from  Indiana  s.iys  Mexico  is  not  a 
republic,  and  it  has  always  been  conceded  that -a  monarchy 
liad  the  power  to  cede  territory.  I  have  an  extract  from  a  well- 
known  writer  on  inter-national  law  which  applies  to  this  subject. 

"A  nation  onpht  to  preserve  itself:  it  ought  to  presen-e  all  its  members:  itcantiot 
aliamlon  tliein,  and  it  is  nnrier  an  olpli^ation  to  them  of  maintaining  them  in  the  rank 
o\'  iiinnbti:-<  of  the  nation.  It  has  not  tJien,  a  right  to  traffic  with  their  rank  and  liberty, 
on  jicconnt  of  any  aiivantai-es  it  may  promise  itself  from  such  a  negotiation.  They  are 
united  to  tlie  society,  to  be  its  members:  they  acknowledge  the  authority  ol  the  State 
to  promote  in  concert  their  common  welfare  and  safety,  and  not  to  be  at  its  disposal  like 
alaimoraherd  of  cattle." — yottd^Jl.  fr/t.  iii. 

This  is  the  basis  upon  which  that  confederacy  was  formed.  The 
States  of  which  it  was  composed,  united  themselves  with  the  con- 
federacy forming  the  republic  of  Mexico  for  the  purpose  of  being 
protected  and  governed  by  it;  not  for  the  purpose  ol  being  trans- 
lerred  like  cattle  to  another  government,  lor  the  discharge  of  the 
debls  of  the  republic.  The  doctrine  that  these  States  supposed 
that  they  might  be  dismembered  and  ceded  away  by  the  federal 
government,  is  equally  at  war  with  the  principle*  of  our  own  go- 
vernment and  those  of  the  government  of  Mexico. 

But,  says  the  Senator  from  Indiana,  Mexico  is  not  a  republic — 
she  is  an  anarchy.  If  so,  I  ask,  when  did  she  cease  to  be  a  repub- 
lic ?  When  the  United  States  declared  war  against  her — when  the 
act  of  Congress,  May  13th,  1S46,  was  passed,  it  was  declared  that 
■'  by  the  act  of  the  republic  of  Mexico  a  state  of  war  existed  be- 
tween that  republic  and  the  United  States."  We,  therefore,  re 
cognized  Mexico  as  a  republic  at  that  period .  When  did  she,  then , 
cease  to  be  a  repi.blie  ?  If  she  has  ceased  to  be  a  republic,  it  is 
owing  to  the  conquests  of  our  arms.  But,  I  trust,  that  that  con- 
clusion is  not  yet  so  complete  that  Mexico  has  ceased  to  be  one  of 
the  nations  of  the  Earth.  I  trust  that  the  time  never  will  arrive 
in  which  Mexico  shall  cease  to  be  an  independent  republic,  main- 
taining and  cherishing  the  great  principles  upon  which  our  own  go- 
vernment is  based,  and  under  which  wc  have  enjoyed  for  so  many 
years  such  a  remarkable  degree  of  prosperity. 

Mr.  HANNEGAN.— I  shall  detain  the  Senate  but  an  instant, 
and  beg-  the  indulgence  of  the  Senator  from  Rhode  Island,  who  has 
the  floor  on  the  special  order.  As  to  the  position  now  a.ssunied  by 
the  Senator  from  Connecticut,  th.it  if  Mexico  has  the  right  to  cede 
her  territory  to  us  hn-  any  purpose,  she  has  the  right  at  the  same- 
time  to  cede  it  to  European  monarchies,  I  have  only  to  say  that  it 
involves  a  fiir  hislier  princi]ile,  than  has  yet  enlered  into  tins  dis- 
cussion— a  principle  in  wliic'h  I  iiresiimc  never  will  he  seltleil,  tin- 
till  the  hour  sh.-iU  arrive,  when  the  attempt  shall  be  made  by  any 
European  power,  to  establish  a  government  upon  this  continent, 
out  of  any  existing  government.  It  involves  a  far  liia'her  principle 
tluin  any  involved  even  in  this  war.  It  w-illbc  time  enough  to  discuss 
it.  when  the  ilay  arrives,  which  brings  it  up  bcfoie  us.  The  Sena- 
tm-  asks  if  Mexico  lias  ccascil  to  be  a  repulilie — by  whose  act  1ms 
she  lost  that  chartictcr  ?  He  asks,  if  w-e  have  not  gone  there  with 
the  sword,  ami  lirebrand,  pulling  down  her  altars,  and  in  lieu  of  an 
established  sovernment,  giving  the  land  to  wilil  anarchy.  I 
refer  the  Senator  to  history,"  for  a  reply  to  these  questions. 
I  refer  him  to  the  history  of  Mexico,  from  the  downfall  of  Iturbide 
to  ihc  present  hour,  for  "the  proof  of  her  having  been  an  anarchy. 
Her  histoi-y  is  made  up  of  a  continued  sen'es  of  bloody  revolutions, 
ill  which  might  and  the  sword  have  alone  been  regarded.    She 


January  24.] 


THE  TEN  REGIMENT  BILL. 


153 


lias  no  fundamental  government  or  fundamental  law  that  has  ever 
been  reco"nised.  Santa  Anna,  and  Bustamente,  and  Paredes,  one 
military  usurper  after  another,  has  by  hisarbitrarywill  constituted 
her  fundamental  law;  and  we,  instead  of  bein^  her  despoilers, 
have  crone  to  her  as  it  were  to  scatter  the  manna  of  Heaven. 
Texas  wrested  herself  from  the  clutches  of  that  anarchical  gov- 
ernment, and  see  what  she  is  to-day — a  government  of  civilization, 
law  and  Christianity.  Similar  will  be  the  result,  I  doubt  not, 
with  regard  to  all  the  territory  that  we  may  take  from  Mexico, 
if  we  take  any.  I  do  not  know  that  we  shall  be  able  to  take  any, 
but  so  far  as  the  subject  matter  of  these  resolutions  is  eoncerned, 
I  must  contend  that  they  are  improperly  before  the  Senate  at  this 
liiue — that  however  germane  they  may  become  hereafter,  (and 
certainly  I  think  they^never  can  be,)  tfiey  are  not  now.  When  we 
have  a  treaty  with  Mexico  which  include  within  its  terms  the  ces- 
sion of  territory  by  Mexico  to  the  United  States — then  will  be  the 
proper  time  if  ever,  for  the  Senator  from  Connecticut  to  present 
his  resolutions.  Entertaining  these  views,  in  which  I  have  been 
strenirlhened  by  the  reflection  which  I  have  given  the  subject  dur- 
ing the  delivery  of  the  honorable  Senator's  remarks;  and  with  the 
most  profound  respect  to  the  Senator,  I  move  to  lay  the  resolution 
on  the  table. 

Mr.  BALDWIN.— I  ask  for  the  yeas  and  nays. 

The  yeas  and  nays  were  then  ordered,  and  being  taken,  the  re- 
sult was  as  follows  ; 

YEAP  —Allen,  AsIiIpv,  Atcliisoii.  Allierton.  Bagbv.  Rr.iilbiiry,  Hrwsi-,  I!rij;lit, 
Cameron,  Cass.  Davis,  (of  Miss.)  Dickinson,  Di-\.  Doujlas,  Downs.  Keli-li.  Foolc, 
Haunngan,  Houston.  Hunter,  Lewis,  Mason,  Moor,  Savier,  Slurgeoii.  Turney, 
Westcott.  anil  Ynlee.— 38.  ,       , 

NAYS.— Ba(l"er,  lialilwin.  Hell.  lierricn.  Bntfcr,  Clarke,  Clayton,  (  orwin,  f  nt- 
tenden,  Dayton,  Greene,  Jolinson,  (of  Mil.,)  Jolinson,  (ofl.a.)  Manguni,  Miller,  Niles, 
Pe.arce,  Phelps,  Spruance,  Uniierwootl,  Upliain.  antl  Webster, — -"2. 

So  the  resolution  was  laid  on  the  table. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives by  Mr.  Campbell,  their  clerk: 

Mr  Bresiilent  :  TlieHonse  of  Representatives  have  p.TBseJ  an  act  for  the  relief  ol' 
Phineas  Capc-n.  lef.il  administrator  of  John  Co.t,  deceaseii,  of  Boston;  in  which  I  am 
directed  to  ask  the  concurrence  of  tlriSenate. 

The  Speaker  of  the  House  of  Representatives  lias  signed  an  enrolled  hill,  which  1  am 
directed  to  deliver  to  the  Senate  for  the  signatnte  of  its  Presiilent. 

SIGNING    OF    A    BJLL. 

The  Vice  President  signed  the  enrolled  bill  authorizing  the 
issuing  of  a  register  to  the  barque  Sarah  and  Eliza. 

BILLS    FROM    THE    HOUSE. 

The  following  bills  from  tbc  House  of  Representatives,  .severally 
had  a  tirst  reading  : 

An  ad  to  amend  an  act  entitled  "  An  act  to  reorganize  the  (jeueral  I.aud  Ollice," 
approved  July  4,  ld3ti. 

Au  act  forlhe  relief  of  Phineas  Capeu,  legal  adininistratoiof  John  Co.v,  deceased, of 
Boston. 

MR.    H.\NNEGAN'S    RESOLUTIONS. 

On  motion  by  Mr.  Mangum,  the  Senate  proceeded  to  the  con- 
sideration of  the  special  order  of  the  day. 

The  PRESIDING  OFFICER.— The  special  order  of  the  day 
is  the  resolutions  submitted  on  the  10th  instant  by  the  Senator  Irom 
Indiana. 

Mr.  HANNEGAN. — When  I  introduced  these  re.solutions  to 
the  Senate,  I  named  this  day  for  their  discussion,  as  a  distant  day, 
not  anticipating  that  the  debate  on  the  military  bill  would  be  pro- 
tracted so  long.  It  is  now  obvious,  I  think,  that  that  debate  will 
not  be  chiscd  in  two  weeks,  and  I  therefore  propose,  if  the  Senate 
will  allow  me,  to  postpone  the  consideration  of  my  resolutions  till 
the  second  Monday  in  February,  and  ask  that  they  be  made  the 
special  order  for  that  day. 

The  resolutions  were  accordingly  postponed  to,  and  made  the 
special  order  for  the  second  Monday  in  February, 

TEN    regiment    BILL. 

The  Senate  resumed  the  consideration  of  the  bill  to  raise,  for  a 
limited  time,  an  additional  military  force. 

Mr.  BUTLER. — I  ask  the  indulgence  of  the  honorable  Senator 
from  Rhode  Island  whilst  I  make  some  explanation  of  a  statement 
made  in  the  course  of  my  remarks  the  other  day,  relative  to  the 
march  of  General  Taylor  from  Corpus  Christi  to  the  Rio  Grande. 
On  that  occasion,  my  distinguished  friend  from  Mississippi,  (Mr. 
Davis,)  from  the  kindest  motives,  diverted  my  attention  in  some 
measure  by  reference  to  facts  upon  which  I  intended  to  have 
founded  a  somewhat  more  elaborate  argument  than  I  presen- 
ted to  the  Senate.  Since  that  time,  1  have  found  that  it 
would  be  but  just  to  myself  that  I  should  advert  again  to  the 
subject,   especially   as  1  have  reason  to  beLieve  th^it  both  )ny 

30th  Cong,— IsT  Session,— No,  30, 


ftiend  and  myself  labored  under  some  degree   of  misapprehension 
with  regard  to  the  real    state   of  the  facts.     I  have  had  an  oppor- 
tunity of  receiving  from  several  officers  of  the  army  a  verv  minute 
detail  of  all  the  facts  connected  with  the   transaction   to   which  I 
have  referred.     General  Taylor  received  his  orders  to  move  from 
Corpus  Christi  in  the  month  of  January.     These  orders  were  pub- 
li.^hed  to  the  army,  they  were  known  to  the  traders  between  Corpus 
Christi  and  the  Rio  Grande,  and  as  my  informants  give  me  to  un- 
derstand, it  was  notorious  in   Matamoras,  before   General   Taylor 
moved  at  all,  that  he  intended  to  take  up  a  position  npon  the  "Rio 
Grande.     On  the  11th  of  March  the  army  was  set  in  motion;  on 
the  22d  or  23d  of  that  month,  it  reached  the   Little    Colorado,  110 
miles  from  Corpus  Christi,  and  only  forty  miles  from  Point  Isabel. 
At  the  Colorado,  General  Taylor  heard  the  sound  of  a  bu'jle  be- 
yond the  Western   bank.     There   was   some   parley,   and  Major 
Mansfield  was  despatched  to  the  other  side    of  the  river  to  learn 
the  cause  of  the  bugle  being  sounded.      The  Major  was  informed 
by  a  person  at  the  head  of  a  very  small  party,  who  represented 
himself  to  be  the  Adjutant  General  of  the  Mexican  troops,  but  who 
was,  as  I  understanti,  an  apothecary  from  Matamoras — C'ommand- 
ing  eisht  or  ten  men,  and  who  had  no  doubt    sounded    the  bugle 
very  magnificently,  and  went  home  loudly  proclaiming  that  he  had 
driven  back  General  Taylor — that  his  object  was  not  at  all   to  op- 
pose military  resis'tance  to  the  march  of  General  Taylor,  but  only 
to  warn  him  against  crossing  that  river,  as,  if  he  did  cross  it,  it 
would  be  deemed  an  open  act  of  hostility.     Well,  General  Taylor 
continued  his  march,  and  i  s  he  approached  Point  Isabel,  the   Cus- 
tom House  and  other  public  buildings  were  consumed  by  fire  and  a 
settlement  of  about  fifty  inhabitants  was  broken  up;  from  which  time 
the  American  forces  occupied  the  country  from  Point  Isabel  to  Fort 
Brown  opposite  Matamoras.     Well  now,  the  inference  which  I  in- 
tended to  draw  and  which  I  shall  not  now  take  the  liberty  of  draw- 
ins  in  anything  like  an  argument — was  simply  this,   that  General 
Taylor  had  given  notice  of  his  march  under  orders  of  his  govcrn- 
inent — that  there  was  no   declaration  of  hostilities  on  the  ])art  of 
Mexico  at  all  until  that  march  commenced — and  that  in  my  solemn 
conviction  there  never  would  have  been  any  attack  on  the  forces  at 
Corpus  Christi  had   not   General   Taylor,  under  the  order   of  the 
President  of  the  United  States,  gone  on  the  disputed  territory. 

Mr.  DAVIS,  of  Mississippi. — I  thank  the  honorable  Senator  for 
the  very  kind  and  complimentary  language  which  he  has  employed 
in  reference  to  myself.  I  cannot,  however,  agree  with  any  one  of 
the  inferences  wliieh  he  has  drawn.  I  have  nothing  to  say  as  to 
minute  details  which  he  has  given  with  respect  to  distances  and 
so  on,  the  only  vital  question  being  who  acted  first — who  gave  the 
first  order?  That  order  came  from  Mexico — not  to  fight  with 
General  Taylor  for  the  country  between  the  Nueces  and  the  Rio 
Grande,  but  to  invade  and  reconquer  the  State  of  Texas.  That  order 
first  emanated  at  the  seat  of  government  in  Mexico  before  any  order 
was  issued  from  the  seat  of  government  in  the  United  States.  And 
now,  sir,  as  to  the  time  at  which  the  Mexican  forces  moved  to  take 
possession  of  the  Little  Colorado.  I  believe  they  had  been  there 
for  months.  Their  emmissaries  had  been  in  Gen.  Taylor's  camp 
in  order  to  learn  his  position  and  movements.  Gen.  Taylor  never 
gave  notice  of  his  march.  He  made  his  preparations  for  the 
march,  and  no  doubt  the  spies  and  reconnoitering  officers  were 
cognizant  of  his  intentions.  But  I  believe  the  Mexicans  had  been 
at  the  Colorado  for  months;  and  when  they  gave  notice  that  if 
he  crossed,  the  Little  Colorado  it  would  be  considered  an  act 
of  war,  the  Mexicans  but  took  the  initiatory,  as  they  have 
always  taken  it ;  for  Mexico  has  always  struck  the  first  . 
blow  in  every  battle  field  on  which  wc  have  met  her.  On^ome 
other  occasion,  however,  I  may  dwell  more  at  length  on  this  ))oint. 
I  shall  not  now  trespass  longer  on  the  time  of  the  Senator  from 
Rhode  Island. 

Mr-  BUTLER. — Though  I  may  in  some  measure  encroach  upon 
the  time  of  the  honorable  gentleman  from  Rhode  Island,  yet  I  can- 
not suflcr  myself  to  be  thus  far  misrepresented.  The  information 
which  I  acquired  was  obtained  not  from  one  officer  merely,  but  from 
t  hrce  or  four  who  hap])ened  to  be  in  the  same  room.  They  knew  this 
much,  that  from  January,  when  Gen.  Taylor  received  his  orders,  un- 
til the  1 1th  of  March  when  he  put  his  army  in  motion,  there  had  elaps- 
ed a  period  of  forty  days,  and  that  during  that  time  not  only  the  offi- 
cers in  General  Taylor's  camp  spoke  of  his  projected  movement  upon 
the  Rio  Grande,  but  the  traders  who  were  there  by  implied  license, 
attached  lo  the  army,  had  an  opportunity  to  learn  the  same  infoi- 
raation,  and  it  was  notorious  that  he  wotdd  march.  Not  that  he 
advertised  the  enemy,  because  the  gentleman  will  understand  thai 
at  the  time  General  Taylor  marched  o«  the  Rio  Grande  it  was 
with  no  purpose  of  meeting  an  enemy.  The  administration  had 
not  assumed  to  go  there  for  the  purpose  of  making  war.  Gene- 
ral Taylor  received  no  orders  to  disguise  his  movements;  and  the 
intelliffcnce  was  as  well  known  in  Matamoras  four  or  five  days 
after  he  received  his  orders,  as  it  was  in  his  own  camp.  I  am  very 
far  from  questioning  the  military  sagacity  of  the  honorable  Sena- 
tor from  Mississippi,  and  it  may  have  been  that  orders  had  been 
issued  by  Paredes  to  cross  the  Rio  Grande  and  attack  General 
Taylor  at  Corpus  Christi,  but  the  act  must  rest  on  conjecture,  ll 
can  never  be  reduced  to  anything  like  historical  certainty. 

Mr.  CLAYTON. — I  am  reluctantly  compelled  also  to  solicit, 
for  a  moment  the  indulgence  of  the  Senator  from  Rhode  Island,  in 
order  to  set  mvself  right  with  regard  to  some  observations  made 
by  the-iionorabk  Chairman  of  the  Committee  on  Foreign  Rela. 


154' 


THE  TEN  REGIMENT  BILL. 


[Monday , 


tions  during  this  debate.  I  had  taken  occasion  to  remark  that  the 
resolutions  as  introduced  by  Mr.  Ross  in  the  Senate  of  the  United 
States  in  1803,  were  not  supported  Ijy  tlic  Jeffersonian  democrats 
111'  that  day  by  any  act  of  Icijislation  on  their  part,  and  that  the 
whole  course  of  tlic  Administration  of  that  period  was  adverse  to 
or  directly  in  conflict  with  tlie  policy  which  now  seems  to  liave 
hccn  adopted  by  those  who  claim  to  be  tlic  followers  of  Mr.  Jef- 
ferson. The  honorable  Chairman  of  the  Committee  undertook  to 
show  that  I  was  in  error,  and  sent  to  the  Sccrotaiy's  table  the 
act  of  3d  March,  1803,. authorizinff  (he  President  o"f  the  United 
States  to  call  out  80,000  militia  i'or  certain  purposes  authorized 
by  that  act,  and  tlie  honorable  Chairman  inferred  from  the 
act  itself  that  I  was  in  error  when  I  said  that  the  administration 
of  that  day  had  not  sought  conquest  or  seizure  of  any  portion  of 
the  territory  of  Spain  or"Fran(!e.  Sir,  I  was  entirely  right  in  what 
1  said  in  reference  to  this  suliject,  as  I  think  the  Senator  will  ad- 
mit, when  ho  looks  at  the  4th  section  of  the  act  to  which  ho  him- 
self referred.  That  section  on  its  face  explicitly  declares,  that 
the  act  was  passed  authorizing  tbe  President  to  call  out  militia 
"for  the  security  of  the  territmy  of  the  United  States" — not  for 
the  puri)ose  of  seizing  upon  the  island  of  New  Orleans,  where  the 
right  ol  (leposite  hail  been  denied  us — not  fur  the  pm-pose  of  con- 
ipicring  or  seizing  any  portion  of  the  Spanish  territory,  but  as  the 
act  expressly,  and  in  so  many  words,  declares — "for  the  security" 
of  our  own, possessions. 

It  will  be  recollected  by  gentlemen  conversant  with  the  history 
of  that  period,  that  by  the  treaty  with  Spain  of  October,  1795, 
ratilied  in  '96,  the  right  of  deposite  at  New  Orleans  had  been 
secured  for  persons  trading  on  the  Mississippi.  The  liitend- 
ant  of  New  Orleans  violated  that  treaty  by  a  proclamation  deny- 
ing the  right  of  deposite  to  our  western  traders.  Tt  was  after- 
wards,conceded  by  Spain,  that  this  was  a  downright  violation  of  a 
clear  treaty  right,  as  beyond  all  doubt  it  was.  But  what  was  the 
course  of  our  government  in  relation  to  that  case  ?  I  have  now 
before  me  the  correspondence  which  took  place  on  this  suliject,  and 
to  it  I  beg  to  call  the  attention  of  the  honorable  chairman  of  the 
Committee  on  Foreign  Relations. 

[The  honorable  Senator  then  gave  in  a  condensed  form  the  his- 
torical details,  which  are  here  given  more  at  length,  in  order  that 
the  whole  matter  may  be  clearly  understood. 

By  the  4th  article  of  the  treaty  with  Spain  of  October  27,  1795. 
it  is  provided  : 

.1'.^.''*  .^'^^''9''?  '^I^i'^sly  Im.<i  likewise  .i^reecl  th.lt  tlie  liavif;ation  of  the  said  river 
(.Mi«ii.^si[ipi)  iiiilswiiole  hn;a(ltii,  from  its  source  to  tlie  ocean,  sliajl  lie  free  onlv  to  his 
subject.*,  anil  the  citizens  of  tlie  Uiilled  Stales,  unless  lie  should  c.\tend  this  iiri\ilc"e  to 
the  suhjectsuf  other  iKiwer^  bysjiecial  conveotiou." 

By  the  22d  article  of  the  same  treaty  it  was  declared,  that 

"His  Catholic  Majesty  will  permit  the  citizens  of  the  I'liited  St.ites.  for  the  space  of 
three  years  from  this  time,  to  dejiosite  their  inerehandisp  and  eftects  in  the  jxirt  of  New 
Orleans,  and  to  export  them  from  Ilicnce  without  piryin;;  any  oilier  <lnty  than  a  fair 
price  tor  the  hire  of  the  stores;  and  his  i\Iajesty  promises  either 'to  continue  this  permis- 
siou,  if  he  findsilnrin^  that  timethatit  is  not  prejudicial  to  the  interests  of  Spain;  or. 
ifhe  should  not  a;;ree  to  continue  il  there,  he  will  assi(;n  to  them,  on  another  |iarl  of  the 
banks  ol  the  Missis>ii.jii,  an  eiiuivalcnt  establishment." 

^  So  early  as  March  29,  1801,  Mr.  King,  the  Mini.stcr  of  the 
Uiiited  States  at  London,  informed  his  government  of  the  prolia- 
bility  of  tlie  cession  of  Louisiana  by  Spain  to  France;  of  the  inju- 
rious ellect  of  this  cession  U[ion  the  union  or  welfare  of  the  United 
-States,  and  of  the  importance  of  cojiimitting  the  interests  of  the 
United  States  to  an  able  re[)resentativo  at  the  court  of  France. 

Mr.  IVIadLson,  Set^rctary  of  State,  in  a  despatch  to  Mr.  Living, 
ston,  tlie  Minister  of  the  United  States  in  France,  dated  the  2Sth 
September,  LSOI,  informed  liini  of  the  rumored  transfer  of  Louisi- 
ana by  Spain,  and  instructed  hiui,  that  the  United  States  desired 
to  obtain  that  country  by  purchase. 

Mr.  King,  the  2oili  of  November,  1801,  communicated  to  his 
government  a  copy  of  the  treaty  between  France  and  Spain,  of 
March  21,  1801;  by  the  fifth  article  of  which  Louisiana  was  con- 
lirraed  to  France. 

February  5,  1S02,  Mr.  King,  at  London,  eommunic-atcd  to  his 
government  intelligence,  that  it  was  deliiiitivcly  sol  tied  by  France 
to  send  a  colony  to  Louisiana  and  Florida  under  General  Berna- 
dotte;  and  Mr.  Living.ston,  at  Paris,  corroborated  the  information, 
the  26th  ol  February,  1802,  with  the  addition  that  "ten  thousand 
troops  had  been  assigned  to  General  Berntidotte." 

In  -March,  1802,  Mr.  Livingston  represented  to  Mr.  King,  in 
London,  and  to  his. own  government,  the  uneeHainty  in  whiiili  he 
was  kept  by  the  French  government,  but  exhibited  the  dan-rcr 
which  would  attend  the  occupation  of  Louisiana  by  France,  that  it 
was  impossible  to  say  what  inllueitee  it  might  e.xert  over  the  west- 
ern country,  with  the  key  of  its  trade  in  their  possession;  and  an 
iinilelined  and  illimitable  territory  around. 

On  May  1,  1802,  Mr.  Madison,  Secretary  of  State,  instructed 
Mr.  Livingston  of  the  painful  apprehension  with  which  the  ces- 
sion of  Louisiana  to  France  was  viewed  by  the  United  States  and 
to  use  proper  means  to  divert  Franco  from  her  contemplated  eolo- 
ny;"  to  ascertain  whether  the  cession  extends  to  the  Floridas;  and 
to  learn  the  price  at  which  New  Orleans  and  the  Floridas  w'ould 
be  yielded  lo  the  United  States  :  and  Mr.  King,  in  London  was 
informed  that  the  administration  was  aware  of  the  troubles  which 
might  arise  from  the  reported  cession  of  Louisiana,  and  that  it 
was  their  primary  olijeet  to  obviate  such  an  event. 

Mr.  MudisoH,  Siecrtitttry  of   Stale,  instiucteil  Mr.  Pincknoyj 


Minister  of  the  United  States  at  Spain,  under  date  of  May  11 
1802,  that  if  the  cession  of  Louisiana  by  Spain  to  France,  have 
failed  for  any  cause,  and  Spain  still  retain  New  Orleans  and  the 
Floridas,  it  is  the  wish  of  the  President  that  every  eirort  and  ad- 
dress be  employed  to  obtain  the  arrangement  by  which  the  terri- 
tory on  the  cast  side  of  the  Mississippi,  includuig  New  Orleans, 
may  be  ceiled  to  the  United  States;  and  that  in  ever}'  view  il 
would  be  a  most  precious  acquisition.  He  also  authorizes  him  to 
propose  advantageous  offers  and  guarantees  to  Spain. 

On  May  28,  1802,  Mr.  Livingston  communicated  to  his  Go- 
vernment more  positive  intelligence  respecting  the  cession,  applied 
to  the  Spanish  Minister,  in  France,  to  know  the  terms  of  cession; 
asserted  the  right  of  the  United  States  to  be  made  a  jiarty  to  any 
convention  affecting  the  free  navigation  of  the  Mississippi;  but  re- 
ceived only  a  general  answer,  admitting  the  fact  of  the  cession 
having  been  made. 

On  the  16th  August,  1802,  Mr.  Livingston  informed  the  Secre- 
tary of  State,  that  General  Victor  was  appointed  to  command  the 
expedition  to  Louisiana  instead  of  Bernadotte;  that  his  force  was 
limited  to  3,000  men,  and  his  supplies  to  tw-o  millions  of  francs; 
that  there  are  symptoms  of  ill  humor  between  France  and  Great 
Britain;  and  that  the  claim  of  France  under  the  cession,  extends 
to  the  Floridas. 

And  again  on  1st  September,  of  the  same  year,  Mr.  Livingston 
was  informed  by  the  French  Government,  that  his  propositions  on 
the  subject  of  Louisiana  were  premature,  and  that  possession 
must  be  first  taken  by  J'^ ranee.  He  informed  his  Government  that 
he  had  reason  to  believe  the  Floridas  were  not  included  in  the 
cession;  and  that  the  armament  (for  Louisiana)  will  be  ready  in 
about  six  weeks. 

Mr.  Livingston,  under  date  October  28,  and  November  2,  1802, 
communicated  to  the  President  the  state  of  European  affairs,  and 
that  he  thought  the  conduct  of  France  had  excited  the  suppressed 
hostility  of  Europe.  That  in  England  especially  events  tended  to 
a  rupture;  and  lliat  in  this  feeling  the  minority  and  majority  coin- 
cidetl.  That  the  military  expedition  to  Louisiana  had  received  a 
check;  and,  desiring  to  profit  by  events,  Mr.  Livingston  asked 
from  his  Government  more  distinct  authority,  and  more  explicit 
instructions. 

And  again  on  November  11,  1802,  Mr.  Livingston  addressed 
a  letter  to  the  Secretary  of  State,  stating  that  the  difficulty 
which  had  temporarily  arrested  the  expedition  to  Louisiana  was 
removed.  That,  orders  had  been  given  for  the  immediate  em- 
barkation of  troops  (two  brigades)  for  Louisiana.  That  the 
Government  of  France  would  give  no  reply  to  his  notes  concerning 
their  objects,  the  hiuits  of  Louisiana,  or  the  rights  of  the  United 
States  under  the  treaty  with  Spain.  And,  judging  from  the  tem- 
per of  General  Victor,  attempts  might  be  made  upon  Natchez  as 
the  rival  of  New  Orleans;  and  that  the  territory  of  the  United 
States  inight  not  bo  exempt  from  danger. 

On  November  27,  1802,  l\Ir.  Livingston  informed  the  American 
Minister  in  Spain,  that  the  Spanish  Intendant  at  New  Orleans 
had  jirohibited  the  deposit  of  American  effects,  as  stipulated  by 
the  treaty  of  170-5;  and  that,  as  the  proclamation  of  the  Intendant 
was  interpreted,  the  war  was  spent  against  the  external  com- 
merce of  the  United  States  from  that  port.  He  dwelt  on  the  im- 
portance of  the  right  of  the  Department  to  the  Western  States 
the  general  irritation,  and  ditHculty  to  restrain  it;  and  instructedj 
him,  while  presuming  on  a  prompt  disavowal  by  Spain,  to  urge 
measures  to  repair  the  past,  and  ensure  for  the  futm'C,  an  ob- 
servance of  the  treaty. 

Dee.  12,  1802.  The  President  of  the  United  States  intimated  to 
Congress  that  the  cession  of  Louisiana  to  France  might  render 
necessary  a  change  in  the  Foreign  relations  of  the  United  States. 

January  29,  1803.  Mr.  Madison  informed  Mr.  King  that  a  spe- 
cial mission  to  France  had  been  resolved  on;  and  that  while  the 
United  States  wished  to  preserve  peace  with  all,  they  arc  bent  on 
the  maintenance  of  their  rights. 

1S02,  December  23,  Mr.  Madison,  Secretary  of  State,  in  a  let- 
ter to  Mr.  Livingston,  says  : 

In  the  latter  end  of  the  last  month,  we  received  information  from  New  Orleans  of 
the  interdiction  of  the  deposite  there,  for  onr  nierehaudize,  stipulated  by  the  treaty 
with  Spain,  without  an  ci|nivalent  establishment  beiu"  :ussijrncd,  A  copy  of  the  proc- 
lamation is  enclosed.  *  *  *  Shoulif  it  not  he  revoked  ttefore  the 
time  of  Uie  ile-cent  of  the  boats,  in  the  Sprin;;,  both  the  injury  and  the  irritation  from 
it  will  be  greatly  increiLsed.  The  House  of  Uepresentatives  passed  a  resolution,  tlie 
lUth  of  this  nimith,  callin;,'  for  information  on  the  subject.  The  resnlt  of  their,  delib- 
erations cannot  be  anticipated;  but  I  may  hazard  the  remark  that  while  we  have  no 
clear  foundation  on  which  to  impute  this  infraction  to  orders  of  the  Spanish  govern 
iiient.  it  wditld  he  eimtriwti  to  lU'Tv,  t*t  l'ol.UY.  ami  the  i-ii.\racti:k  ttf  our  coutitry, 
to  resort, 'for  reitress,  htt/tejirst  instance,  to  the  use  of  force.'' 

Jtuuiary  2-4,  i\Ir.  Livingston  to  Mr.  Madison  writes  thus  : 

'■I-'rom  tjie  infotmation  I  know  to  bo  entertained  by  Victor.  I  have  no  doubt  tht-y 
w  ill  provoke  all  Indian  war,  by  jiayin^  tlieni  rations;  and  that  in  their  .soheitude  to  ac- 
ipiire  wealth,  tliev  will  act  over  !4i.ain  the  tyranny  ot*  .St-  Domingo-  //  iri/t  be  neee,i- 
sarij  therefore  to  take  thcjtositioll  tltut  iciU  bc^it  liuARD  you  ai^ain^st  the  effect  of  thejft 
ceils." 

1803,  February  5.    Mr.  Livingston  to  Mr.  Madison  : 
'■The  Louisiana  Armament  Is  still  on  board-    The  Floridas  not  yet  ceded." 

1803,  February  IS.     Mr.  Livingston  to  Mr.  Madison  : 

"From  the  Iw.st  necounu Iliavc  fiom  Uollaud,  iho  wnamcnt  ivill  be  ilttiiiicd  tliers 
lUIUwlatiui'Murd!." 


January  24.] 


THE  TEN  REGIMENT  BILL, 


155 


These  rcfei-cnces  will  all  1)0  found  in  tlic  2cl  volume  of  American 
State  Papers,  under  the  head  of  "Foreisn  Relations." 
I  next  quote  from  Marbois'  Louisiana,  p.  230. 
1803,  January.     Mr.  Jefferson  to  Mr.  Monroe  : 

"  Washington-,  January  10.  lf^O:(. 
r,,,,,  sj,_t  have  but  a  moment  to  infonn  vou  tliat  llie  fi-ver  nilo  wliitli  the  [luliUc 
mhi.l  isthrownlntheatlairat  New  (Irleans,  stimulaleil  by  the  increaiitiie  anil  gen- 
rrallv  the  Ceileraf  interest,  threatens  to  ovKRBK.ii!  ofR  peaik.  Iii  tins  sanation  we 
are  eoraiH-lled  to  eall  on  vou  for  a  temporary  saerifke  of  yourself,  to  PREVENT  THIS 
oREvrESTOF  EVILS  to  the  present  prosperous  tkle  of  onr  all.-urs.  1  shall,  to-niorrott  . 
nominate  you  to  the  Senate  for  an  extraordinary  mission  to  France,  and  Ilie  eircum 
stances  are  such  as  to  render  it  impossible  to  decline. 

Aece[)t  afTecliouate  salutations. 

Thomas  jErrKRsoN.] 

March  3.  1803,  the  act  referred  to  by  the  honerable  Chairtnan 
of  Foreign  Relations  (Mr.  Sovier)  was  passed— "an  act  directing 
a  detachment  from  the  militia  of  tho  United  States,  and  for  erect- 
inrr  certain  arsenals,"  by  which  the  President  was  authorized  to 
caU  on  the  Executive  of  the  States  for  80,000  militia;  and  the  ob- 
ject of  the  act  distinctly  avowed  in  tho  4t,h  Section,  to  bo  "FOR 
THE  SECURITY  OF  THE  TERRITORY  OF  THE  UNITED 
STATES."  This  is  the  object  and  the  only  object  avowed  in  the 
act  It  is  thus  clearly  proved  to  have  been  an  act  passed  not  for 
conquest,  but  to  meet  tho  threatened  dan<,'er  of  a  French  ag- 
gression. „        .  ,  ,.       •  r 

Not  a  man  was  ever  called  for.  The  idea  ol  seizure  lor  con- 
quest never  was  entertained  for  a  moment,  and  the  whole  contro- 
versy was  speedily  settled  by  tho  treaty  of,  1803,  which  ceded 
Lomsiana  to  the  United  States. 

Such  is  tho  history  of  this  most  interesting  period  in  our  national 
afl'airs.  It  wasdistinauisbed  for  the  moderation,  prudence  and  for- 
bearance of  our  rulers.  Tlic  resolutions  of  Mr.  Ross,  to  which  I 
referred  on  a  former  occasion,  were  first  deprived  of  their  hostile 
characteristic,  "to  authorise  the  President  to  take  immediate  pos- 
session of  such  place  or  places  in  the  island  of  New  Orleans  or 
the  adjacent  territories,  as  ho  may  deem  fit  and  convenient,"  every 
democrat  voting  to  strike  it  out.  S^e  liles  of  National  Intelli- 
gencer for  February  2S,  1803.  The  bill  reported  in  pursuance  of 
the  resolutions,  as  amended  and  adopted  on  the  same  day  by  the 
same  party,  avowed  its  object  to  be  the  same  with  these  resolu- 
tions as  thus  amended — "the  security  of  the  territory  of  the  United 
States,"  threatened,  as  we  have  seen,  with  invasion  by  the  French 
armv  under  General  Victor. 

Those  who  may  desire  to  prosecute  this  mteresting  enquiry  fur- 
ther, will  find  tho  wholepacificpolicy  of  the  Republican  jiarty  fully 
explained  in  the  then  existing  organ  of  that  party,  by  recurring  to 
the  files  of  the  National  Intelligencer  for  1803  ;  February  23,  28  ; 
March  9,  14,  23,  30,  and  April  22d.  The  essay  published  in  that 
paper  under  the  last  date,  shows  that  the  party  at  that  day  scouted 
the  whole  doctrine  on  which  this  Mexican  war  has  been  and  is  now 
supported.  They  demanded  a  disavowal  by  Spain  of  the  act  of  the 
Intendant  at  New  Orleans,  which  denied  to  us  our  treaty  right  of 
deposit,  instead  of  declaring  war  on  account  of  it;  and  they  obtain- 
ed it  without  bloodshed.  But  in  1846,  when  the  first  aggression 
aaainst  us  was  committed  on  the  Rio  Grande,  our  government 
treated  the  act  of  tho  Mexican  officer  who  took  Thornton's  dra- 
goons, as  an  act  of  war  instead  of  demanding  a  disavowal  of  it  as  the 
republican  party  did  in  the  case  of  Spanish  aggression  in  1803. — 
The  opposition  in  1803  clamored  for  war  on  account  of  the  procla- 
mation of  the  Spanish  Intendant  at  New  Orleans  denying  our  right 
of  deposit.  The  answer  given  to  this  clamor  by  the  democratic 
party  is  fully  set  forth  in  all  their  speeches  and  meetinffs  at  that 
day  on  the  subject.  Tho  writer  I  have  referred  to  in  tho  party 
organ  on  the  22d  April,  1803,  thus  meets  the  clamor  :  -^ 

'•To  involve  the  nation  in  all  the  horrors  of  war  for  the  unlawful  act  ol'  a  subordi- 
nate oilicer,  wonM  be  the  hei;;ht  of  political  depravity.  It  would  iutroduco  a  rule  of 
which  we  could  not  complain,  and  under  which,  this  nation  at  any  future  time  might 
he  involve(i  in  war  by  the  unlawful  or  wanton  act  of  any  of  her  officet^.  It  would 
be  virtnallv.  transferring  the  all  ini|)ortant  question  of  war  and  peace  from  the  repre- 
sentatives of  the  iMKJple  and  tliegovernment  of  the  country  to  the  captain  of  a  frigate. 
The  act  of  an  individual  oilicer  is  not  an  act  of  the  nation  till  sanctioned  by  the  na- 
tion to  which  he  belongs,  as  it  is  imjKJSsihle  for  the  most  vigUant  ami  best  regolaled  go- 
vcmments'to  control  the  .actions  ot  its  agents  and  subjects  on  all  occasions.  Hence  it 
follows,  that  the  government  by  declaring  war  would  have  committed  an  act^  injos- 
lice  against  Si>ain.  c.s/(iA//.sA/Hg-  a  prci:cdnit  which  might  prove  fatal  to  the  future 
peace  of  lliis  nation,  and  justly  merited  tlu  execration  of  Ike  u^orld,'* 

Had  these  principles  been  applied  in  1846  by  our  Executive,  hail 
a  demand  been  made  (as  was  then  urged  by  the  opposition  in  this 
chamber,)  on  Mexico  to  avow  or  disavow  the  act  by  which  it  was 
alleged,  that  American  blood  had  been  shed  on  American  soil,  and 
repair  any  injustice,  there  would  have  been  no  war.  Such  a  de- 
mand was  made  by  tho  government  when  the  Leopard  made  the 
infamous  attack  on  the  Chesapeake,  and  the  consequence  was  a 
disavowal  which  saved  us  the  necessity  of  treating  the  attack  as 
war.  But  i:i  the  case  of  Mexico,  the  principles  which  formerly 
governed  ns  were  abandoned,  and  the  act  which  was  imiiatcral 
and  not  even  avowed  or  justified  by  Mexico  herself,  was  immedi- 
diately  declared  to  be  war  by  us'  without  allowing  the  Mexican 
■  government  any  opportunity  to  disavow  it.  This  was  as  hostile 
to  the  true  principles  of  international  law  as  it  was  in  direct  oppo- 
sition to  the  w-hole  former  course  of  this  govermiient. 

Mr.  HANNEGAN.— Really,  sir.  I  think  it  hardly  fair  that  the 
Senator  from  Rhode  Island  should  bo  called  upon  at  this  late  hour 
of  the  day,  to  go  on  and  address  the  Senate. 

Mr.  CLARKE.— It   was  my  expectation   to  have  occupied  tho 


floor  at  the  appointed  hour,  but  as  so  much  time  has  been  taken 
up  in  the  discussion  this  morning,  and  so  much  more  will  probably 
be  required  to  finish  it — so  far  as  regards  myself.  I  w-ill  readily 
give  way  if  it  be  tho  wish  of  the  Senate  that  the  present  discussion 
should  continue.  Indeed.  I  should  myself  prefer  that  the  special 
order  should  be  postponed  until  to-raorrow,  as  it  is  now  so  late, 
,jhat  in  all  probability  I  should  not  be  ablo  to  conclude  my  argu- 
ment to-day,  even  if  I  should  commence  it.  I  wait  the  pleasure  of 
Senators  in  regard  to  it. 

Mr.  SEVIER. — It  is  not  my  purpose  to  interfere  with  the  time 
which  belon"s  to  the  gentleman  if  he  desires  to  go  on  now,  but  I 
wish  to  make  a  brief  explanation  in  regard  to  what  has  been  stated 
by  the  honorable  Senator  from  Delaware.  It  will  be  recollected 
that,  when  the  Senator  addressed  the  Senate  upon  the  ten  resi- 
ment  bill,  he  referred  to  Mr.  Ross's  resolutions  with  a  view  of  con- 
trasting the  policy  of  Mr.  Jeflerson  with  that  of  Mr.  Polk  in  ref- 
erence to  the  disputed  territory. 

licsolvetl.  That  the  President  of  ihe  United  States  he,  anil  he  is  hereby,  authoiiz- 
cd,  whenever  he  shall  judge  it  e.viiedient,  U>  require  of  the  cvecutivea  ot  the  several 
filales  to  lakeefrcetnal  measures  to  organize,  arm,  and  equip,  according  to  law.  and 
hold  in  readiness  to  march,  at  a  moment's  warning,  t^O.OOfl  eflectivc  militia,  otlieers  in 
eluded.  - 

Rcgolred,  Thai  the  President  may,  if  he  juilges  it  exjiedienl.  authorize  the  execu 
lives  of  the  several  States  to  accept,  as  a   part  of  the  delnchment  aforesaid,  any  corps 

of  volnnleere,  who  shall  continue  in  service  for  such  time,   not  exceeiliiig montJis. 

and  perform  such  services  as  shall  be  prescribed  by  law. 

Rcsoleed,  That dollars  be  appropriated  for   paying  and  subsisting  such  part  of 

the  troops  aforesaid,  wliose  actual  service  may  be  wanted,  and  for  derra^ngsuch  other 
expenses  as,  during  the  recess  of  t'ongress,  the  l*resident  may  deem  necessary  for  the 
secnritv  of  the  territorv  of  the  United  States. 

Hesolved,  That  — ^  dollars  be  appropriated  for  erecting',  at  such  place  or  places  on 
ttie  western  waters  as  the  President  may  judge  most  proper,  one  or  more  atsenals. 


I  supposed  he  had  not  traced  these  resolutions  through  to 
their  ultimate  disposition,  and  I,  therefore,  asked  him  to  give  mo 
the  date  of  the  resolutions,  and  he  did  so  by  sending  the  journal  to 
my  desk.  I  then  traced  the  subject  from  the  period  to  which  the 
.Senator  had  alluded  to  the  final  disposition  of  the  resolutions,  and 
what  was  that  ?  I  found  they  had  been  referred  in  secret  session 
to  a  select  committee,  and  in  the  formation  of  that  committee,  for 
reasons  not  apparent  to  me,  the  mover  of  the  resolutions  was  not 
included.  Mr.  Breckintidge,  of  Kentucky,  was  chairman  of  the  com- 
mittee. That  committee  to  whom  Ross's  resolutions  wore  referred 
reported  an  act  carrying  out  every  substantial  provision  contained 
in  them.  And  what  were  these  provisions?  Why,  that  in  time  of 
profound  peace,  the  President  was  atithorized  to  raise  an  army  of 
eighty  thousand  men,  and  was  further  authorized  to  establish  on  the 
western  waters  tw-o  public  armories,  and  finally  the  bill  wound  up 
with  an  appropriation  of  a  million  or  so  of  money  to  carry  these 
objects  into  effect.  AVhen  I  perceived  this,  tho  conviction  on  my 
mind  was.  that  the  honorable  Senator  in  the  hurry  and  heat  of  de- 
bate  had  not  taken  time  to  trace  the  thing  to  its  final  conclusion. 

My  friend  from  Mississippi  a  day  or  two  afterwards,  incom- 
menting  on  this  matter,  referred  to  these  resolutions,  and  in  his 
haste  f  suppose  that  he  had  omitted  to  refer  to  what  I  certainly 
deemed  important,  which  was  the  passage  of  the  act  to  which  I 
havo  referred,  as  carrying  out  the  objects  of  tho  resolutions.  I  then 
put  the  matter  right,  as  I  understood  it.  Now,  the  Senator  I'tom 
Delaware  again  says  that  here  is  a  case  in  which  the  lather  of 
democracy,  to  whose  church  we  all  profess  to  belong,  at  the 
instance  of  the  Federal  party  of  that  day  refused  to  do  what  '. 
why,  in  a  time  of  peace,  to  seize  the  territory  of  an  ailjoining  pow- 
er. Now.  there  was  in  the  treaty  of  1796  with  Spain,  a.  pro- 
vision by  which  the  rights  of  the  government  was  secured  to  a  depot 
at  New  Orleans  for  the  term  of  three  years  ;  and  there  was  a  pro- 
vision also  that  if  the  Spanish  government,  for  any  reason  of  hers, 
should  choose  to  deny  the  right  of  this  government  to  thtit  depot 
in  New  Orleans,  then  for  the  term  of  three  years  she  was  bound  tn 
give  ns  another  location  for  said  depot.  Tlijs  was  in  179Q.  The 
time  for  the  assignment  of  the  depot  to  either  jilaco  had  run  out  by 
the  limitation  of  this  treaty  ;  the  people  of  this  coimtry — the 
people  of  the  Western  States,  thus  deprived  of  an  outlet  for  their 
produce  had  resolved  to  obtain  it.  A  claim  was  set  up  by  Mr. 
Jefferson  that  inasmuch  as  we  owned  the  na\igable  waters  of  the 
Mississippi,  and  owned  the  head  of  the  navigable  stream — we  bad 
a  right,  under  the  law  of  nations,  to  follow  the  river  into  the  ocean. 
That  was  the  point  of  discussion,  if  my  memory  serves  me  right,  by 
our  minister  at  the  French  court,  as  well  as  by  our  statesmen  at 
home.  Well,  sir,  we  could  not  get  tliat,  and  then  with  closed 
doors  we  passed  tho  act  of  March,  1803,  before  referred  to.  of 
which  Ross's  resolutions  were  tho  foundation. 

Now,  no  man  here,  or  anywhere  else,  would  ever  have  made 
out  what  the  law  really  meant  from  its  terms,  unless  he  had  taken  ■ 
the  precaution  of  connecting  it  with  the  resolutions  up6n  which  it 
was  founded.  Upon  this  claim,  therefore,  the  law  -n-as  pas- 
sed ;  and  upon  no  other,  for  there  was  no  othei-.  My  friend  refer- 
red to  the  act  as  an  evidence  that  the  party  of  which  Mr.  Jeflerson 
was  the  head,  intended  to  iict  thus  in  reference  to  the  acquisition 
of  Louisiana.  Well,  I  say  now — and  I  shall,  if  I  have  the  op])or- 
lunity,  at  some  future  time — proceed  to  demonstrate  that  every 
opportunity  to  acquire  territory,  to  wit :  Louisiana,  the  Floridas, 
and  Texas,  has  been  obtauied  by  the  democratic  power  of  this 
country. 

But  this  is  not  all.  I  have  said  that  this  acfwas  passed,  if  I 
recollect  rightly,  on  the  3d  of  March,  1803  ;  and  at  that  very  time 
our  Ministers  -were  in  Paris  treating  for  this  very  country  with 
Napoleon  Bonaparte.  They  were  treating  for  this  very  depot. 
He  refused  to  sell  us  the  depot,  but  proposed  to  sell  the  whole 


156 


THE  TEN  REGIMENT  BILL. 


[Monday,  ^ 


of  Louisiana.  ThaL  Is  the  history  of  llio  matter.  We  sent  our 
Ministers  there  to  purchase  a  depot.  They  refused  to  sell  a  ile- 
pot  ;  but  beinr;  about  to  'jo  to  war  with  En<;land,  and  hcin;;  likely 
to  lose  the  territory  of  Louisiana  by  coni|iiest,  France  projiosed  to 
sell  it  to  a  friendly  power.  Well,  in  the  month  of  April,  just  one 
month  after  the  passaao  of  the  bill,  wo  succeeded  in  maldnn^a 
treaty,  by  which  we  acipiired  the  whole  of  Louisiana.  Thus  tlial 
matter  was  accomplished.  A<.'ain,  in  180G,  still  in  the  time  of 
this  cjreat  patriot,  Mr.  Jell'erson,  the  .Senate  siiil.  wirli  closed 
doors,  conceived  tJiat  it  was  very  desirable  for  this  nrovernment  to 
own  the  country  lyins;  on  the  Mississippi  river  and  between  thiil 
river  oti  one  side,  and  the  Perdido  on  the  other.  Thus  the  father 
of  democracy  submitted  to  the  Senate  with  closed  doors  his  pro|)o- 
sition  to  .seize  this  territory  also  ;  and  a  la\%wiis  passed  for  that 
purpose;  and  .under  the  act  passed  thus  secretiy-^'overed  up 
with  diplomatic  pinaseoloffv — it  was  |>roposed  to  obtain  possession 
of  this  territory.  This  act  passed  in  ISOU,  and  was  carried  into  elleet 
in  IHIOor'll,  after  we  liad  admitted  Louisiana  into  the  Union. 
A  man  by  the  name  of  Thomas  took  a  limey  to  revolutionize  that 
liorlioii  oY  the  country.  He  expelled  the  .Spanish  inhabitants  from 
it  and  made  it  his  own,  ineludini;  Balon  Rouire,  eallin;.'  it  Fredo- 
Ilia.  Mr.  Madison  took  jinssession  without  the  authority  of  any 
aw  and  at  the  next  session  an  act  was  passed  raakinn;  it  a  part  of 
Louisiana.  But  this  is  not  all  ;  we  had  afterwards  a  war  with  the 
Seminoles  ;  and  in  the  time  of  peace  with  Spain  we  followed  these 
Indians  into  St.  Marks  and  Pensacola,  expelling  from  those  places 
Spanish  authin-ity.  All  this  was  done  without  tlie  authority  of  law, 
and  one  of  the  reasons  assigned  for  such  procedure  on  our  part, 
was  not  that  wc  had  any  claim  to  Florida,  but  that  the  British 
had  built,  during-  the  revolutionary  >var,  a  fort  near  ihe  junction  of 
liie  Flint  and  Chatahoochee  rivers,  which  fort  was  occupid  by  hos- 
tile .Si'iuinole  Indians  and  Negroes. 

I  can  refer  my  friend  to  another  case;  I  mean  t'lie  case  in 
wliieh  the  country  lyinn'  upon  the  Aristook,  was  contended  for  be- 
tween us  and  Great  Britain.  This  was  a  case  happening  in  our 
own  time,  when  Governor  Fairtield,  whose  death  wc  have  recent- 
ly been  called  to  deplore,  at  the  head  of  our  own  troops  marched 
his  forces  into  the  disputed  territory,  and  took  possession  of  it 
without  the  sanction  of  Congress.  There  are  numerous  eases, 
all  tending  to  the  same  point,  that  whenever  it  becomes  impractica- 
ble to  obtain  territory  by  purchase,  we  take  it  by  force.  All  that 
strip  of  country  lying  between  Natchez,  and  Baton  Rouge,  was 
taken  possession  of  in  that  way,  and  we  have  done  so  in  all  cases, 
when  we  could  not  obtain  territory  by  negotiation,  and  this  com-se 
has  been  pursued  throughout  the  world  in  all  times,  by  all  powers. 
Territories  to  which  wo  have  claim  by  negotiation,  we  take 
by  force  if  we  can,  and  think  it  expedient  to  do  so. 

Mr.  FOOTE. — I  regret  that  it  seems  so  dilfieult  to  settle 
completely,  the  point  now  under  discussion.  It  would  really  appear 
that  enough  liad  been  said  in  the  former  debate  on  this  subject,  to 
convince  even  the  Senator  from  Delaware,  that  he  had  committed 
a  serious  error  in  regard  to  the  Ross  resolutions,  and  the  action 
of  the  Jefl'ersonian  Democracy  in  1803.  The  honorable  Senator 
still  insists,  as  he  lias  formerly  done,  that  Mr.  Jefl'erson  and  the 
democrats  as.sociated  with  him,  were  so  little  inclined  to  efficient 
measures  against  Spain,  that  the  proposition  to  seize  upon  territo- 
ry adjacent  to  New  Orleans,  which  the  Senator,,  from  Delaware 
still  supposes  to  have  been  embodied  in  Mr.  Ross's  resolutions, 
was  relinquished  in  eonsetinenoe  of  negotiation  being  preferred  to 
measures  of  a  warlike  character  and  tendency.  I  read  the  other 
ilay,  for  tlio  elucidation  of  this  point,  an  extract  Irom  the  annual 
message  of  Mr.  JelTerson,  issued  in  October,  1803,  showing  that 
previous  to  the  introduction  of  the  Ross  resolutions,  negotiations 
lor  the  acquisition  of  Louisiana  had  been  in  progress  at  Paris — 
and  tljat  the  negotiation  was  not  preferred  simply  as  an  alternative  to 
■vyar  in  the  case  mentioned,  but  negotiations  for  the  purpose  men- 
tioned having  been,  for  sometime,  already  in  progress  it  was  sup- 
posed judicious  not  to  interrupt  them  as  would  inevitably  been 
the  case  by  tlie  adoption  of  measures  of  a  decidcdlv  hostile  cha- 
riicter.  The  truth  is,  as  has  been  repeatedly  explained,  that  the 
Ross'  resolutions  ilid  not  contemplate  the  seizure  of  territory  at 
all,  but  simply  the  restoration  of  the  place  of  deposit  in  the  island 
ot  New  Orleans  which  had  been  discontinued  bv  tlic  action  of  the 
Spanish  authorities.  No  one  can  examine  the  liistory  of  this  case, 
as  several  times  already  exhibiied.  without  being  convinced  of  the 
lota  want  ol  analocy  between  it  and  the  movements  in  the  neio-hbor- 
hooil  ol  the  Rio  Grande.  I  will  not  elaborate  this  point  more  at 
present,  but  am  satisticd  again  to  refer  lo  the  extract  from  Mr. 
Jcfrerson  s  annual  message  of  October,  IS03,  explanatory  of  the 
actual  laMs  ol  the  ease,  and  shall  submit  the  point  in  dispute  with- 
out larthcr  discussion. 

Mr.  CX.VYTON.— If  I  un.lerstood  the  honorable  Senators  on 
the  other  side  they  mean  to  maintain  this  position,  that  Mr  Jef- 
ferson and  the  democrntii!  party  ever  since  have  pio.eedeil  oli  the 
printople  that  they  will  take  what  thev  want  and  what  they  can 
pet  trom  other  nations  in  any  way  in  which  they  can  "ct  it  if 
they  cannot  get  what  they  want  by  negoeiation  they  wilf  take'  it 
by  fori.e.  The  honorable  Chairman  of  the  Conmiiliee  on  Forei"n 
Kelations  distineily  avows  now,  that  this  has  been  ihe  past  policy 
of  the  democraticparty  from  llie  lime  of  Mr.  Jellerson  down  to 
this  day;  and  therefore,  he  says,  they  are  only  acting  in  the  same 
spirit:  that  of  .letrersonian  dcmocrnoy — when  lliev'"propose  tlnil 
what  they  cannot  got  by  negoeiation  they  will  proceed  to  tak(^  by 
force.     Sir,  this  is  exactly  the  issue  between  the  honoruhle  Senator 


and  myself.  I  not  only  seek  to  vindicate  the  memory  of  the  states- 
men of  those  times,  but  I  seek  also  to  show  that  I  was  previously 
right  when,  in  the  coarse  of  this  debate,  I  pointed  out  the  strong 
contrast  between  the  eonihict  of  this  ooyi-ijjment  in  reference  to 
Mexico  and  the  conduct  of  Mr.  Jetlerson  and  the  administration 
party  of  1803  in  reference  to  Spain  and  France  Sir.  I  have  nothng 
to  do  now  with  the  question,  nor  do  I  intend  to  be  drawn  into  the 
discussion  of  it  by  the  remarks  of  the  honorable  Chairman  on  For- 
ei^'n  Relations,  as  (o  the  conduct  of  The  variou.s  adminislrations  in 
rcirard  to  this  matter  of  the  acquisition  of  territory,  from  the  time 
ot  Mr.  Jefferson.  I  think  that  on  a  former  occasion  the  course  of 
the  government  in  ISOf]  was  placed  in  a  very  satisfactory  point  of 
view  before  this  Senate  in  the  discussion  which  took  place  between 
the  hoiior.ible  Chairman  of  the  Committee  on  Forciiin  Relations 
and  the  honorable  Senator  from  Maryland  who  sits'near  me.  I 
will  not,  therefore,  trcspess  upon  ground  which  has  been  so  well 
occupied  before;  all  I  wish  is  to  bring  the  honorable  Chairman 
back  to  the  point  from  which  he  set  out,  and  that  he  and  the 
honorable  Senator  from  Mississippi  should  acknowledge  that 
they  have  mistaken  the  spirit  of  Jcllersonian  democracy  in 
1803  in  endeavoring  to  attribute  to  the  administration  of  that  time 
a  disposition  to  take  by  force  that  which  they  could  not  obtain  by 
negoci.atioii.  Now,  what  application  has  the  honorable  Chairman 
given  to  the  act  of  which  he  speaks?  The  fourth  section  of  the  act 
ol  1803  expressly  declare ;  the  object  for  wliieh  the  .act  was  passedt 
to  authorize  the  President  of  the  United  States  to  call  out  eighty 
thousand  militia;  ibr  what  ])urpose?  In  its  own  words,  for  the  se- 
curity of  the  territory  of  the  United  States;  not  for  the  purpose  of 
seizing  upon  the  island  of  New  Orleans  or  any  portion  ol  the  coun- 
try of  the  lower  Mississijijji;  not  for  the  jiurpose  of  taking  an  acre  , 
of  ground  any  where  by  violence.  I  think  this  has  already  been 
clearly  shown,  and  I  do  not  intend  to  dwell  upon  it  now.  Mr.  Liv- 
ingston, in  1802,  wrote  to  the  Secretary  of  War,  informing  him 
that  the  Emperor  of  France  was  about  to  send  ten  thousand  men 
to  take  possession  of  the  country  lying  at  the  mouth  of  Mississippi, 
and  General  Victor  was  ordered  to  march  thither  with  his  two  bri- 
gades, and  from  the  known  temper  and  disposition  of  that  general 
there  was  every  reason  to  believe  that  he  would  march  and  seize 
upon  the  territory.  The  act  ef  1803  proceeded  from  that  cause, 
and  the  gentleman  cannot  make  it  appear  that  there  was  any  other 
object  than  the  security  of  our  own  territory  contemplated.  We 
know  from  the  history  of  the  times  how  that  territory  was  situated. 
Sir.  I  know  I  have  had  my  full  share  in  the  discussion  of  this 
subject,  and  that  I  cannot  again  trespass  upon  the  time  of  the 
Senate;  I  will  not  read  the  letters  of  the  Secretary  of  War;  I 
will,  however,  take  the  liberty  of  handing  them  to  the  reporters 
that  they  may  be  published  to  the  world,  and  it  will  be  seen  from 
them  whether  my  attempt  to  vindicate  the  character  of  those  who 
administered  the  government  at  that  time  has  been  successful  or 
not. 

Mr.  SEVIER.— Only  one  word,  sir.  The  Senator  from  Dela- 
ware has  referred  to  the  fourth  section  of  the  act  as  being  intended 
to  protect  the  United  States  against  invasion. 

Mr.  CLAYTON.— I  referred  to  the  whole  act.  It  avows 
throughout  the  purpose  for  which  it  was  passed. 

Mr.  SEVIER. — The  Sen.ator  says  it  avows  its  purpose.  Well, 
I  ask  if  any  man,  in  either  country,  ever  heard  or  ever  dreamed 
of  a  time  when  France  and  England  were  both  at  peace,  or 
France  intending  to  invade  the  United  States? 

Mr.  CL.WTON. — Yes,  sir.  I  refer  the  honorable  Senator  to 
the  substance  of  these  letters  with  which  he  seems  not  at  all  ac- 
(juainted.  I  refer  him  also  to  the  American  state  papers  which  he 
has  in  his  possession. 

Mr.  SEVIER. — I  have  read  those  documents,  but  I  have 
not  drawn  the  same  conclusion  from  them,  which  the  honora- 
ble Senator  from  Delaware  has  drawn.  No,  sir.  France,  e-xpeeting 
a,  rupture  with  England,  was  on  the  eve  of  sending  a  force  to  pro- 
tect her  commerce.  Not  having  a  n.aval  force  suHicieiit  lo  cope 
with  England,  she  was  for  sending  men  to  her  iiosscssions  on  this 
continent.  The  Scnatm'  talks  about  the  territory  between 
Natchez  and  Baton  Itouge;  well,  wc  all  know  that  was  claimed 
by  Spain  as  belonging  to  her.  And  it  was  with  a  view  not  only 
of  protecting  her  own  possessions  but  those  of  Spain  also,  that  she 
took  this  ])rccaution.  Well,  this  happened  in  1802,  and  it  is 
rcjrlly  remarkable,  if  we  liad  expecletl  an  imasioii  fr<im  France, 
that  earlier  and  mon^  eincient  preparation  liad  not  been  made, 
•and  that  the  hiet  was  not  noliecd  by  Mr.  Jelicrson  in  his  annual 
message  of  that  year .  No,  sir,  France  never  designed  to  invade 
this  country.  She  was  our  early  ally,  and  with  all  the  opprobrium 
that  was  heaped  upon  her  she  eoukl  not  bo  driven  into  hostilities 
towards  this  country.  She  has  always  been  friendly  To  us,  and 
I  hope  she  ever  will  be.  The  documents  wliii^h  he  has  read,  show 
that  it  was  tlie  intention  of  France  in  sending  troops  to  this  country . 
solely  to  protect  French  Louisiana  from  invasion  by  England.  I 
before  remarked,  sir.  that  it  is  very  dillii  nil  for  us  to  ascertain 
the  true  meaning  of  an  act,  without  looking  back  to  the  cir- 
cumstances which  existed  at  the  time  of  its  passage.  In  this  way 
wc  may  discover  its  ohject.  Annthcr  act  of  a  similar  character, 
covering  up  its  true  moaning,  was  the  act  piirporling  lo  enable 
the  President  to  curry  on  uuu-e  cllicieiitly.  our  diplomalic  inter- 
course  between  this  country,  and  Ibrcign  jiowcrs,  when  in  reality 


January  24.] 


THE  TEN  REGIMENT  BILL. 


157 


the  true  intention  of  the  act.  was  to  enable  the  President  to  pur- 
chase Louisiana.  Now,  it  happens  as  far  asmy  argument  is  con- 
cerned, that  these  cases  arc  not  at  all  ajiplicaUh:  to  tlic  ease  to 
which  the  Senator  ilesigncd  to  apply  them,  lor  I  have  endeavored 
to  show,  and  shall  probably  enileavour  to  show  it  on  a  former  oc- 
casion, and  shall  probably  endeavour  to  show  it  aifain,  that  our  ti- 
tle to  the  country  between  the  Nueces,  and  the  Rio  Grande,  which 
the  Senator  has  assimrailated  to  the  cases  which  he  has  referred, 
is  clear.  1  re!;ret  this  controversy;  but,  I  think,  when  ihe  Senator 
looks  upon  it  dispassionately  he  will  admit  that  we  have  a  good 
claim  as  I  said  before,  and  if  we  cannot  obtainour  rif);hts  by  nesfo- 
tiation  and  purchase  we  will  be  compelled,  from  the  necessity  of 
the  case,  to  maintain  by  force. 

Mr.  CLAYTON.— I  will  only  say,  sir,  that  in  looking  into  the 
documents  to  which  I  have  called  the  attention  of  the  Senate,  I 
find  that  there  is  much  additional  evidence.  There  are  many  other 
letters  which,  if  the  honorable  Senator  will  examine  them,  %yill 
perfectly  convince  him  that  Franco  entertained  a  deliberate  design 
to  seize  upon  tliat  rcijion  of  country — that  it  was  a  favorite  object 
with  her  for  a  long  period,  and  that  there  was  every  reason  to  be- 
lieve on  the  part  of  Mr.  Livingston,  and  ho  so  wroto  to  his  own 
government — that  the  French  Eniperoy  entertained  this  project, 
and  as  he  refused  to  give  any  information  as  to  the  object  of  the 
expedition,  or  any  explanation  of  the  limits  of  Louisiana,  which  he 
intended  to  claim — Mr.  Livinijston  had  every  reason  to  believe 
that  the  territories  of  the  United  States  were  in  danger.  That 
was  the  object,  and  the  only  object  of  the  act  of  March,  1803,  to 
protect  the  territories  of  the  United  States.     Sir,  I  have  done. 

Mr.  PEARCE. — The  Senator  from  Arkansas,  having  referred 
to  a  controversy  between  him  and  myself  at  the  last  session  of 
Congress,  the  Senate  will  indulge  me,  I  hope,  not  in  arguing  the 
quesdon  afresh,  but  in  restating  what  I  then  endeavored  to  main- 
tain. 

It  will  be  rccolleetcd  that  the  Senator  from  North  Carolina  (Mr. 
B.\DGEa)  had  charged  the  President  with  being  the  author  of  the 
war,  by  ordering  the  movement  of  Gen.  Taylor's  army  from  the 
Nueces  to  the  Rio  Grande,  which  he  considered  an  act  of  war. — 
He  sustained  himself  in  this  posipou  by  the  authority  of  Mr.  Jef- 
ferson. In  1805  Mr.  Jeflerson  informed  Congress  by  a  secret  mes- 
sage, that  immediately  after  the  acciuisition  of^  Louisiana,  ho  had 
opened  negotiations  with  Spain,  to  oblahi  from  that  power  the  de- 
livery of  certain  i>ortions  of  Louisiana,  which  she  held  in  violation 
of  the  rights  transferred  to  us  by  France — that  his  negotiations  had 
.  been  utterly  vain — that  he  could  not  venture  to  take  possession  of 
these  portions  of  Louisiana  in  the  possession  of  Spain,  because 
such  an  act  might  transfer  the  relations  of  the  country  from  a  state 
of  peace  to  a  state  of  war,  which  was  not  within  the  constitutional 
competency  of  the  Exedutive,  and  belonged  solely  to  the  legisla- 
tive power. 

To  this  the  Senator  from  Ai-kansas  replied,  that  the  example  of 
Mr.  Madison  was  contrary  to  that  of  Mr.  Jefferson  ami  that  Mr.  Ma- 
dison had  of  his  own  authority  seized  upon  what  were  called  the 
Florida  Parishes.  To  this  I  replied  that  Mr.  Madison  did  not  as- 
sume to  have  any  other  authority  than  that  to  which  Mr.  Jetlerson 
limited  himself.  The  situation  of  the  Florida  parishes  was  pecu- 
liar :  a  body  of  private  indivuJuals  in  1810,  seven  years  after  the 
acciuisition  of  Louisiana,  had  chivcn  out  the  Spanish  authorities  in 
Baton  Rouge,  and  had  set  up  ;m  independent  government,  though 
professing  their  willingness  to  come  into  the  Union.  In  this  con- 
dition of  things  Mr.  Madison  had  issued  his  proclamation  reciting 
these  oceurrences — saying  that  the  territory  in  question  had  always 
been  claimed  as  being  within  the  limits  of  Louisiana — that  a  crisis 
had  at  length  arrived  subversive  of  the  Spanish  authority  and  that 
under  the  peculiar  circumstances  of  the  case,  forbearance  on  the 
part  of  the  United  States  to  occupy  the  territory  in  question  might 
he  construed  into  a  dereliction  of  their  title;  to  which  he  added  that 
though  the  laws  of  tha  United  States  had  not  yet  been  extended 
over  this  territory,  yet  they  had  been  so  frayied  as  to  be  adapted 
to  them,  and  contemplated  their  application  to  this  region  at  some 
future  time.  Congress  was  not  then  in  session,  but  as  soon  as 
they  met  Mr.  Madison  laid  before  them  an  account  of  his  proceed- 
ings, which,  if  not  expressly,  at  all  events  impliedly  recognized 
the  paramount  authority  of  the  legislature  over  the  subject.  The 
dilferenec  between  this  case  and  the  march  of  the  troops  to  the  Rio 
Grande,  is  palpable.  -Mr.  Madison  did  not  think  himself  authori- 
zad  to  seize  u)ion  sucTi  parts  of  Louisiana  as  still  remained  in  the 
occupancy  of  Spain,  and  consei'iuently  the  country  east  of  ihc  Per- 
dido  and  south  of  the  State  of  Georgia  and  the  Mississippi  territo- 
rv.  remained  in  possession  of  these  authorities. 

In  January,  1811,  Congress  passed  a  secret  resolution  declaring 
that  a  due  regard  to  the  safety  of  the  United  States  rerpiired  them 
lo  provide  for  the  temporal'}'  occupation  of  these  territories,  and 
subject  to  negotiation.  Mr.  Madison  would  not  act  without  the 
authority  of  Congress;  he  knew  that  he  c^ould  not  rightfully  do  so; 
and  therefore  he  asked  to  be.  armed  with  that  authority,  which 
Congress  only  could  confer.  The  bill  which  followed  this  resolu- 
tion conformed  to  it.  Still  Mr.  Madison  did  not  suppose  tlie  con- 
tingency had  arrived  until  in  1813,  when  the  secret  act  of  July  12 
was  passed,  which  authorized  the  President  to  take  possession  of 
the  Perdido  country.  Then,  and  then  only,  did  Mr.  Madis(fli 
employ  the  military  force  of  the  United  States  for  this  purjiosc. — 
Now,  the  difference  is  this — Mr.  Polk,  while  Consress  was  in 
session,  and  without  their  authority,  and  without  invokina'  their 
constitutional  power,  by  his  own  authority  seized   upon  the  valley 


of  the  Rio  Grande,  while  Mr.  XeQ'erson  considered  that  .such  an 
act  on  his  part  would  exceed  his  power,  because  it  might  translcr 
the  relations  of  the  country  from  a  state  of  peace  to  a  state  of  war.  • 
And  Mr.  Madison,  in  relation  to  the  Pcrdido  country,  recogni- 
zed the  same  doctrine,  and  in  regard  to  the  Florida  parishes,  only 
occupied  a  territory  of  which  the  forci^'ii  authorities  were  no  long- 
er in  possession,  and  which  was  likely  to  be  considered  derelict  if, 
under  the  peculiar  circumstances  of  the  case,  the  United  States 
should  i|uictly  permit  it  to  remain  in  the  possession  of  the  private 
adventurers  who  held  it. 

Mr.  SEVIER. — The  Senator  and  myself  are  still  at  variance  in 
our  opinions.  My  position  was,  that  the  southern  boundary  of  Lou- 
isiana was  fixed  by  this  government,  by  an  act  of  Congress  on  her 
admission  into  the  Union.  Well;  after  this  act  was  accomplished, 
a  man  of  the  name  of  Thomas,  at  the  head  of  some  Tennessccans 
and  Kcntuckians,  expelled  the  Spanish  authority  east  of  a  line 
formed  by  the  river  Iberville,  Lake  Maurapay,  and  Pontcliartrain, 
and  thence  to  the  Perdido,  and  svheii  he  had  done  so,  he  organized 
tik're  a  separate  iroverninent,  and  called  the  county  Kredonia;  and 
after  having  established  sudi  government,  Thomas  applied  to  this 
government  either  to  guarantee  his  republic,  or  to  annex  it  to  this 
Union.     Well,  what  was  done? 

Mr.  Madison  in  a  time  of  peace,  sends  bis  forces  and  takes  from 
these  revolutionary  patriots,  the  country  aeipiired  by  their  revolu- 
tion,without  the  athority  of  Congress.  Well,  the  Senator  goes 
back  to  *he  act  of  ]806,  for  the  authority  for  this  aci.  Why  in 
1806,  the  government  ol  Fredonia  had  no  existence.  After 
this  had  been  dime,  the  President  asks  Congress  to  aid  in  this, 
what  shall  I  cjill  it  ?  robbery  ?  that  is  a  harsh  terra,  yet  it  is  pre- 
cisely similar  to  the  terms  employed  in  referrence  to  our  proceed- 
ings now. — Mr.  Madison  apphes  to  Congress  toftdd  this  country, 
thus  seized  in  time  of  peace,  without  the  warrant  of  law  to  the 
State  of  Louisiana  ;  and  Congress  does  it  accordingly,  and  the  act 
is  now  on  your  Statute  book.  Mr.  Madisan  first  seized  the  coun- 
try frora<thosc  who  had  revolutionized  it,  and  Congress  sanctioned 
the  plunder,  if  I  may  so  call  it,  by  adding  it  to  Louisiana.  Louisi- 
ana embraced  it  within  her  limits,  and  there  it  is  at  this  day  rep- 
esentcd  by  my  honorable  friend  Mr.  Johnson.  The  further  con- 
sideration of  the  subject  was  postponed  until  to-morrow. 

CLERK    TO    SIGN    LAND    PATENTS. 

On  motion  by  Mr.  BREKSE,  the  bill  from  the  House  of  Repre- 
sentatives to  amend  an  act  entitled  "'An  act  to  rc-or"anizc  the 
General  Land  Office,"  approved  July  4,  1836,  was  reacTa  second 
time,  and  considered  on  in  Committee  of  the  Whole. 

Mr.  BREESE  asked  for  the  reading  of  a  paper,  which  ho  sent  to 
the  Secretary,  setting  forth  the  number  of  land  patents  remaining  ' 
unsigned,  wliieh  was  read  accordingly. 

Mr.  UNDERWOOD.— I  dislike  to  be  frequently  intermedling 
in  what  may  be  regarded  as  little  matters.  I  know  the  ellecL 
which  such  things  have  upon  the  personal  standing  of  Senators, 
but  I  cannot  allow  such  a  bill  as  this  to  pass,  having  been  in  the 
minority  of  the  committee,  without  stating  to  the  Senate  how  I 
think  the  matter  ought,  to  be  disposed  of.  When  I  first  came  into 
Congress  in  the  other  liranch  of  this  building  there  was  no  secre- 
tary to  sign  patents.  It  was  alleged  then,  that  as  the  land  pa- 
tents that  were  issued  were  numerous,  it  was  necessary  to  have 
such  an  officer,  and  one  was  accordingly  created  with  a  salary  of 
$1,500.  And  no  other  duty  under  the  sun  was  assigned  to  him 
than  that  of  signing  these  patents;  and  now  we  are  informed  that 
he  cannot  discharge  that  duty,  and  that  there  has  been  an  accumiUa- 
tion  of  patents  to  the  extent  of  some  thirty  or  forty  thousand, 
and  we  are  called  on  to  appoint  an  assistant  secretary. 
Now,  the  question  is,  can  one  man  do  it  ?  We  made  some  ex- 
periments in  the  Committee  on  Public  Lands  the  other  day,  and 
though  it  may  seem  trifling  to  refer  to  such  things,  yet  it  will 
serve  to  explain  this  matter  in  a  way  that  no  man  can  doubt  the 
capacity  of  a  single  officer  to  sign  all  these  land  patents,  and  even 
double  ,the  number  if  necessary.  He  then  proceeded  to  show,  by 
calculation  of  time,  that  one  person  would  be  fully  capable  of  per- 
forming the  laljor  within  less  than  two  months. 

Mr.  BREESE. — I  apprehend  that  no  individual  can  be  found 
who  could  accomplish  it  in  that  time, for  it  must  be  remembered  that 
the  Secretary  must  sign  the  name  of  the  President  as  well  as  his 
own,  and  this  too  upon  parchment.  No  one  can  labour  day  after 
day  in  that  way,  as  the  Senator  seems  to  suppose,  without  dan- 
ger of  seriously  impairing  his  intellect.  The  bdi  makes  no  appro- 
Sriation  at  all;  it  does  not  propose  to  pay  the  Secretary  one  single 
oUar  for  his  services.  It  is  highly  necessary  that  these  patents 
should  be  issued,  as  they  are  the  only  evidence  of  title  which  the 
parties  have.  Under  these  eireumstances  I  cannot  see  how  the 
bill  can  be  objected  to. 

Mr.  UNDERWOOD.— I  have  seen  patents  filled  out  with  the 
Preiidont's  name  by  the  clerks  in  the  ofiice,  so  that  the  Secretai-y 
would  only  have  to  sign  his  own  name.  If  you,  in,stead  of  passing 
ihis  bill,  give  a  reasonable  remuneration  to  some  clerk  foi  doing 
the  work  you  will  have  it  speedily  done.  My  word  for  it  there 
are  himdreds  of  individuals  in  this  city  who  woidd  be  glad  to  un- 
dertake the  work  for  two  month's  salary. 


168 


THE  TEN  REGIMENT  BILL. 


[Monday, 


Mr.  DOWNS. — If  tlie  honorable  Senator  desires  to  make  an  at- 
tack upon  the  Administration,  or  to  offer  opposition  to  the  govern- 
ment, he  had  better  take  oceasion  to  do  so  upon  somo  more  impor- 
tant (infstion.  This  is  a  small  matter,  and  which  docs  not  confer 
mm  lj  power  or  patrona<;e  upon  the  government.  I  hope,  tlierc- 
fore,  tlic  honorable  Senator  will  withdraw  his  opposition.] 

Mr.  JOHNSON,  of  Louisiana. — I  can  see  no  objection  to  the 
passan;e  of  the  bill,  especially  as  it  does  not  propose  any  salary 
lor  the  officer  who  is  to  be  engaged. 

Mr.  UNDERWOOD.— I  take  it  for  granted,  that  if  we  em- 
ployed a  person  to  do  our  work,  that  we  will  not  refuse  to  piiy 
him. 

Mr.  BREESE.— There  is  no  salarv  proposed  to  be  paid  in  this 
bill. 

Mr.  UNDERWOOD.— That  is  all  very  true;  you  do  not  pro- 
pose to  pay  now,  but  he  must  be  paid  at  some  time  or  other. 

Mr.  MANGUM. — I  would  cn(|uire  of  the  lionor.-ibic  Chairman 
of  the  Committee  how  many  patents  there  arc  unsigned  ? 

Mr.  BREESE. — By  the  report  it  appears  that  there  are  now 
fifty-seven  thousand,  and  iliat  tlicy  increase  at  the  rate  of  seven 
thousand  a  month. 


Mr.  MANGUM.— I  propose,  sir,  with  the  sanction  of  the  hono- 
rable Chairman,  that  this  bill  be  committed  w^ith  instructions  to 
the  Committee,  to  amend  it  by  providing  for  the  employment  for 
a  tixed  period  and  for  a  reasonable  compensation,  of  a  nerson  who 
shall  sign  these  patents,  and  when  the  arrears  are  once  brought  up 
there  can  be  no  dilficulty  in  keeping  from  falling  behind. 

Mr.  DOWNS.— Tliis  bill  has  already  passed  the  House  of 
Reprcseneatives,  and  it  is  very  important  to  the  population  of  the 
new  States  that  it  shouhl  be  passed  without  delav.  ina.srauch  as 
we  are  informed  that  there  are  lifty  tliousand  patents  now  awaitin" 
to  be  signed.  I  hope,  therefore,  the  bill  will  be  allowed  to  pass 
without  amendment  or  recommitment. 

Mr.  MANGUM'S  motion  was  subscipiently  witlidrawn. 

No  amendment  being  made,  the  bill  was  reported  to  the  Senate 
and  ordered  to  be  read  a  third  time. 

The  said  bill  was  read  atliird  time  by  unanimous  consent. 
Eiaolvcd  That  lliis  bill  |ass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representatives 
accordingly. 

On  motion. 

The  Senate  adjourned.       '    ,, 


January  25.] 


PETITIONS— RESOLUTIONS. 


159 


TUESDAY,  JANUARY  25,  1848. 


REPORT    FROM    THE    WAR    BEPART.MENT. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of 
the  Secretary  of  War,  made  agreeably  to  law,  showinjr  the  names 
and  compensations  of  the  clerks  and  other  persons  employed  in 
that  Department  during  the  year  1847. 

PETITIONS. 

Mr.  DICKINSON  presented  a  memorial  of  S.  J.  Bowen,  pray- 
ing remuneration  for  services  in  the  oifice  of  the  second  auditor  of 
the  Treasury  ;  whieli  was  referred  to  the  Committee  on  Finance. 

Also,  a  memorial  of  citizens  of  Clyde,  Wayne  county.  New 
York,  praying  the  adoption  of  measures  for  perpetuating  the 
growth  of  the  potato  in  the  United  States  ;  which  was  read,  and 
referred  to  the  Committee  on  Agriculture. 

Mr.  ATHERTON  presented  two  petitions  of  citizens  of  Charles- 
town,  Massachusetts,  praying-  for  the  repeal  of  a  |rateiit  granted 
to  William  W.  Woodworth  ;  which  were  referred  to  the  Commit- 
tee on  Patents  and  the  Patent  Office. 

Mr.  DIX  presented  joint  resolutions  of  the  General  Assembly 
of  the  State  of  New  York,  in  favor  of  restricting  the  franking 
privilege  of  members  of  Congress,  and  a  modification  of  the  rates 
of  postage  on  newspapers  ;  which  were  read,  referred  to  the  Com- 
mittee on  the  Post  Office  and  Post  Roads,  and  ordered  to  bo 
printed. 

Mr.  YULEE  presented  a  memorial  of  citizens  of  Florida,  re- 
monstrating against  the  removal  of  the  land  office  from  New- 
mansvillc,  in  that  State  ;  which  was  referred  to  the  Committee  on 
Public  Lands. 

Mr.  FELCH  presented  the  petition  of  Peter  Godfrey  for  leave 
"to  locate  a  section  of  land  in  lieu  of  section  six  in  the  Indian  res- 
ervation at  Flint  river,  in  Michigan,  which  was  reserved  to  him 
by  Indian  treaty,  but  has  since  been  parted  with  to  Harriet  W. 
Smith  ;  which  was  referred  to  the  Committee  on  Public  Lands. 

Also,  the  petition  of  Peter  W.  Knaggs  for  leave  to  locate  a  sec- 
tion of  land  in  lieu  of  two  sections  which  were  reserved  to  bira  by 
Indian  treaty,  on  the  Flint  and  Shiawassee  rivers,  in^Michigan,  but 
which  have  since  been  patented  to  other  persons;  which  was  re- 
ferred to  the  Committee  on  Public  Lands. 

Mr.  WESTCOTT  presented  the  memorial  of  A.  A.  Frazier 
and  Alvin  Baker,  owners  of  the  brig  Douglass,  praying  indemnify 
for  losses  sustained  by  them  in  consequence  of  the  illegal  seizure 
and  detention  of  their  vessel  by  the  British  government,  while 
pursuing,  their  lawful  commerce;  which  was  referred  to  the  Com- 
mittee of  Claims. 

On  motion  by  Mr.  DAVIS,  of  Mississippi,  it  was 

Ordered,  That  the  petition  of  Oscar  F.  Pittraan,  on  the  files  of 
the  Senate,  be  rcferreil  to  the  Conunittee  on  the.  Post  Office  and 
Post  Roads. 

On  motion  by  Mr.  MASON,  it  was 

Ordered,  That  the  Committee  of  Claims  be  discharged  from  the 
further  consideration  of  the  petition  of  Frederick  Dawson,  James 
Schott,  and  Elisha  D.  Whitney;  and  that  it  be  refeiTcd  to  the  Com- 
mittee on  the  Judiciary. 

On  motion  by  Mr.  CASS,  it  was 

Ordered,  That  the  Committee  on  Military  AfTairs  be  discharged 
from  the  further  consideration  of  the  memorial  of  Mary  Morris 
Foot;  and  that  it  bo  referred  to  the  Committee  on  Pensions. 

ACfttriSITION    OF    TERRITORY. 

Mr.  BAGBY  .submitted  the  following  resolutiojia  for  considera- 


Resolved,  That  Congress  has  no  constitutional  power  to  abolisli  or  to  prohibit 
slavery  in  any  State  or  territory  in  this  Union.      . 

Re.^'otecd,  That  conquest  is  a  legitimate  means  of  acqniriii^T  territory,  and  so  recog- 
nized by  the  laws  anrt  the  universal  practice  of  civilized  natians. 

Resolvcil,  That  if  territory  is  hereafter  acquired  by  the  United  States,  either  by 
treaty  or  coiir|uest,  it  shall  not  he  corapctcnt  for  the  trea'ty  iiiakino  po»  er.  or  Toncresii, 
to  exclude  slavery  from  such  territory,  cither  by  treaty  stipulation  or  by  act  of  Congress; 
but  such  lerritory  shall  be  equally  free  and  open  to  the  citizens  of  all  the  United  Slates 
without  an;r  limitation,  prohibitiou  or  lesiticUoa  iu  legaia  to  stoves  or  any  other  ite- 
scrlptioa  ot  iiroperty  whatsoever. 


Before  presenting  the  resolutions — 

Mr.  BAGBY,  said  :  Mr.  President  :  Perhaps  there  is  some- 
thing in  the  nature  of  our  free  and  happy  political  institutions, 
to  justify  a  departure  from  what,  imdcr  a  different  form  of 
government,  might  be  considered  the  proper  course  for  us, 
in  our  legislative  capacities,  to  pursue.  It  is  admitted,  at 
I  least  by  me,  as  a  general  rule,  that  all  propositions  intro- 
duced into  legislative  bodies  ought  to  be  such  as  are  intended  to  be 
followed  up  by  some  act  of  practical  legislation.  On  the  other 
hand,  it  is  one  of  the  a.xioms  o''  the  republican  creed,  that  a  frequent 
recurrence  to  first  principles,  is  indispensably  necessary  to  the  pre- 
servation of  liberty.  The  resolutions  which  I  hold  in  my  hand  and 
which  I  shall  presently  ask  leave  to  introduce,  relate  to  a  subject 
of  very  great  moment,  as  I  conceive  to  the  prosperity  and  of  still 
more  transcendant  importance  to  the  tranquility  of  the  country, 
and  one  on  which  it  is  peculiarly  desirable  at  this  time  to  have  a 
clear  and  decided  expression  of  opinion,  and  to  settte  if  possible, 
definitively  and  forever.  The  first  of  these  resolutions  simply  asserts 
what  I  understand  to  be  the  true  position  in  relation  to  the  powers 
of  this  government,  over  the  question  of  slavery.  The  second  con- 
tains a  proposition  from  the  correctness  of  which  I  apprehend  no 
one  will  disent,  and  which,  I  should  not  have  thought  of  bringing  lie- 
fore  a  Ijody  so  enlightened  as  this,  but  for  the  extraordinary  remarks 
inado  here  repeatedly,  and  continually,  in  regard  to  the  acquisition 
of  territory,  if  any  should  be  acquhed  by  conquest,  in  the  war  in 
which  we  are  now  engaged  with  Mexico.  A«tranger  to  the  history 
of  tills  war,  and  one  ignorant  of  the  provisions  of  our  Constitution  and 
principles  of  government,  and  of  the  code  of  nations  to  read  speech- 
es almost  dady  delivered  by  Senators  in  the  opposition,  would 
think  that  the  acquisition  of  territory  was  a  thing  forbidden  by  the 
laws  of  nations,  prohibited  by  the  constitution,  and  unsanctioned  by 
the  great  principles  of  an  elevated,  national  morality.  So  far  from 
these  things  being  so,  I  repeat  in  the  language  of  the  second  reso- 
lion  that  conquest  is  a  legitimate  mode  of  acquisition  and  so  re- 
cognised by  the  laws  and  the  universal  practice  of  civilized  nations. 
If  any  Senator  is  disposed  to  controvert  this  distinct  substantive 
proposition,  it  will  bo  much  more  convenient,  and  his  arguments 
will  be  much  better  understood,  than  by  mixing  them  up  with  other 
matter,  to  which  they  have  no  proper  aflinity  in  a  general  discus- 
sion upon  the  merits  of  the  Mexican  war,  and  the  manner  in  which 
it  should  be  conducted.  I  apprehend,  hovi-ever,  that  when  the 
([uestion  is  fairly  stated  and  stript  of  all  disguise  none  will  be 
found  of  sufficient  temerity  to  controvert  it.  I  do  not  intend  now, 
sir,  to  go  at  all  into  the  discussion  of  the  Mexican  war.  I  do  intend. 
liQwever,  with  the  permission  of  the  Senate,  before  the  debate  is  clo- 
sed upon  the  bill  now  pending  to  increase  the  army,  to  offer  my  views 
in  regard  to  it,  in  reference  to  the  origin  and  conduct  of  the  war,  the 
objects  for  which  it  should  be  further  prosecuted,  and  to  declare 
clearly,  openly,  distinctly,  and  explicitly  the  course  which,  in  my 
humble  judgment,  the  government  of  the  United  States  ought  to 
pursue  towards  Mexico.  The  third  resolution,  sir,  differs  materi- 
ally from  any  hitherto  presented  upon  the  subject.  If  this  resolu- 
tion, Mr.  President,  is  unjust  to  any  State  of  this  Union,  or  any 
citizen  of  any  State  of  this  Union,  and  I  can  be  convinced  of  it,  I 
.shall  be  the  first  to  abandon  it.  If,  on  the  contrary,  it  shall  be 
found  to  be  fair,  .ind  just,  and  equal  in  its  effect  and  operation  upon 
all  the  States  and  all  the  people  of  all  the  States — if  it  be  true 
that  territory  acquired  by  the  joint  blood  and  treasure  of  a 
common  country  ought,  ii>  the  language  of  the  resolution,  to  bo 
equally  free  and  open  to  the  citizens  of  all  the  States  of  this 
Union,  without  any  limitation  or  restriction  ill  regard  to  slaves  or 
any  other  description  of  property  whatsoever — I  think  I  have  a  right 
to  expect  the  unanimous  vote  of  the  Senate  in  favor  of  it.  How 
far  this  (to  my  mind)  reasonable  expectation  is  to  be  realized  be- 
longs to  the  future,  and  I  shall  not  attempt  to  decide  it  in  advance. 

I  flatter  myself,  however,  that  I  shall  at  the  proper  time  be  able 
to  make  this  proposition  so  plain,  that  he  who  runs  may  read, 
and  the  wayfaring  man,  though  a  fool,  cannot  err  in  regarcl  to  it. 
At  present,  I  respectfully  ask,  that  the  resolutions  be  printed. 

The  resolutions  were  read,  and  ordered  to  be  printed. 

M.1.IL    ROUTE. 

Mr.  BREESE  submitted  the  following  resolution,  which  was 
considered,  by  unanimous  consent,  and  agreed  to  : 

ResolreJ,  That  the  Committee  on  the  Post  Otfice  and  Post  Roads  be  instructed  to 
inquire  into  the  exiiediencv  of  eslahlishiog  a  post  route  from  Cairo  city,  by  Thebes, 
in  lUinois,  to  Cape  Girardeau,  Missouri. 

GRANT   OF  L,\ND   TO   LOUISIAN.I. 

Mr.  JOHNSON,  of  Louisiana,  submitted  the  following  resolu- 
tion, which  was  considered,  by  tmanimous  consent,  and  agreed  to  : 

Resolved,  That  the  Committee  on  Public  Lands  be  instructed  to  inquire  into  tiie  et- 
pediency  of  granting  to  the  State  of  Louisiana  for  purposes  of  internal  improvemeut, 

II  quantity  of  l»nd  equal  to  that  grunted  to  the  Slate  of  Imliaua  for  the  same  purposes. 


160 


THE  TEN  REGIMENT  EILL. 


[Tuesday. 


EXTENSION   OF   MARITIME  JUBISDIcTlCN. 

Ajjrecably  to  notice,  Mr.  ASHLEY  asked  and  obtained  leave 
to  brin^  in  a  bill  to  amend  tlie  act  entitled  "An  act  extemlinf;  the 
jm'isdietion  of  District  Courts  to  certain  cases  upon  the  Lakes  and 
iiavisablc  waters  connecting  the  same,"  approved  the  2l)th  ol'  Feb- 
riiary,  1845;  ■nhieb  was  read  the  first  and  second  times  by  iniani- 
moiis  consent,  and  referred  to  the  Committee  on  the  Jiidicjiary. 

MILITARY    HOSPITAL,  ETC.,    NEAR   NEW  ORLEANS. 

Mr.  DAVIS,  (of  Mississippi.)—!  desire  to  state  briefly  ihe 
reasons  which  have  <^overned  the  Committee  in  framing  this  bill, 
for  .which  it  is  proposed  to  ask  the  most  speedy  action  of  the  Se- 
nate. The  Committee  found  themselves  by  the  resolution  referred 
to  them,  and  the  terms  of  the  law  making  appropriation  for  disa- 
bled and  indigent  soldiers,  restricted  in  their  considerations  to  New 
Orleans.  A  large  part  of  the  appropriation  of  last  year  remains 
unexpended,  and  it  is  proposed  to  give  to  the  Secretary  of  War 
power  to  apply  a  part  of  the  existing  balance  to  objects  which 
are  considered  within  the  original  desi<rn  and  necessary  to  its  most 
advantageous  execution.  After  dediicting  the  proposed  sum,  there 
will  remain,  at  least,  two  hundred  thousand  dollars  of  the  unex- 
])ended  balance  of  the  amount  appropriated,  and  no  lia/.ard  is  cre- 
ated of  a  deficiency  in  the  supply  necessary  to  relieve  the  wants 
of  sulfering  soldiers,  within  the  contemplation  of  that  appropria- 
tion, during  the  current  year. 

The  Connnitlce  have,  in  the  course  of  their  investigation,  been 
satisfied  of  the  safety  of  the  point  selected,  and  have  been  inform- 
ed that  during  the  epidemic  which  raged  with  more  than  ordinary 
violence  during  the  last  summer  in  Now  Orleans,  no  ease  of  yel- 
low fever  originated  at  the  United  States'  barracks.  It  has  been 
l(jund  necessary  to  place  from  three  to  five  hundred  sick  and  wound- 
I'd  soldiers  in  private  hospitals,  at  the  rate  -of  one  dollar  per  day 
for  each  person.  By  the  erection  of  a  hospital  as  provided  in  the 
bill,  the  Committee  believe  that  there  would  Ijo  a  saving  to  the 
government  should  the  war  continue  twelve  months  longer.  It 
can  hardly  be  supposed  that  we  shall  have  a  peace  immediately, 
however  much  and  unanimously  we  desire  its  return,  but  shouid 
we  have  our  wishes  most  speedily  granted,  long  after  the  blessing 
of  j)eace  is  ours  there  will  remain  a  necessity  for  hospital  accom- 
modations to  provide  for  wounded  and  disabled  soldiers,  and  the 
pecuniary  loss  under  any  state  of  events  must  be  very  small  in- 
deed. 

In  addition  to  this,  the  eommitte  have  considered  the  necessity 
for  providing  buildings  for  the  accommodation  of  ti"Ooi)s  going  to, 
or  retm-ning  from  Mexico.  Every  consideration  which  urges 
provision  for  the  dis.abled  applies  to  the  ]irotection  of  the  efficient 
soldier — to  snch  protection  as  will  prevent  the  disease,  which,  af- 
ter its  advent,  we  all  admit  an  obligation  lo  cure.  Ex|iosin'e  in 
the  encampments  below  New  Orleans,-  whilst  waiting  for  trans- 
ports, has  been  the  fruitful  cause  of  disease — men  wlio  had  only 
known  the  comforts  of  home,  are  on  the  threshold  of  their  military 
service  met  by  privation  and  exposure  in  a  climate  deleterious, 
under  the  most  lavorable  cireumstanees,  to  a  northern  constitution. 
Many  a  gallant  and  patriotic  spirit  has  been  crushed  by  other  than 
the  dangers  to  encounter  which  in  the  cause  of  his  country  ho  left 
the  comforts  of  his  peaeeliil  home.  i\Iost  of  these  could,  I  believe, 
have  been  .saved  by  .such  provisions  as  are  contemplated  in  this  bill, 
By  a  recent  letter  from  the  surgeon  of  the  hospital  at  New  Or- 
leans, I  am  informed  that  of  tlu'ce  companies  from  my  own  State, 
there  are  fifty  men  now  in  hosijital  and  there  have  been  five  deaths. 
Every  motive  enters  into  the  oldigatiou  to  provide  for  troo])s  re- 
turning from  the  scat  of  war,  equally  rer|uircs  provision  for  the 
protection  of  those  who  are  going  out,  whilst  policy  adds  the  con- 
sideration due  to  the  fact  that  death  and  disease,  w-ithout  the  glo- 
i-y  of  battle,  standing  thus  at  the  entrance  into  the  country's  ser- 
vice, more  than  anytliing  else  could,  will  discourage  further  volun- 
teering and  enlistment. 

With  these  remarks  I  submit  the  bill. 

Tho  bill  having  been  read  a  first  time — 

Mr.  CRITTENDEN  said.  This  is,  I  understand,  the  first  read- 
ing of  the  bill.  The  Committee  on  Military  All'airs  unanimously 
agreed  in  reeommendin"  that  this  bill  should  be  passed  with  as  lit- 
tle delay  as  possible.  If  there  bo  no  objection,  then.  I  ask  that 
the  bill  may  have  its  second  rcadinnr;  and,  as  it  has  been  earefullv 
engros.sial  in  a^clcar  hand,  I  hope  that  the  Senate  wUl'al.so  allow  it 
to  be  read  a  third  time  and  passed  to-dav. 

The  bill  was  then  read  a  second  time,  by  unanimous  consent. 
and  considered  us  m  Committee  of  the  Whole:  and  no  amendment 
bcmg  made  it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  I  hud  time. 

The  said  lull  was  read  a  third  time  by  unanimous  consent . 

Rrsalnd,  Tlial  tliU  lull  imu,  oncl  that  lliu  lillu  ilicrcor  bo  a.s  aforcsaiil. 

Ordered,  That  tho  Secretary  reiiuest  tho  concurrence  of  the 
House  of  Keprescjitatives  in  this  bill. 

riUVATE  I1ILI.S. 
Mr.  FELCH,  from  the  Committee  on   Public  Lands,  to  whom 
\V»s  referteU  tU«  wemoriiil  of  Henry  Wasluiigtoii,  siibraittcd  a  k- 


])ort  accompanied  by  a  bill,  to  provide  for  the  settlement  of  the 
claim  of  Henry  Washington,  late  a  deputy  surveyor  of  the  ]niblic 
lands  in  Florida. 

The  bill  was  read  and  passed  to  the  second  reading. 
Ordered,  That  the  report  be  printed. 

Mr.  MASON,  from  the  Committee  of  Claims,  to  whom  was 
referred  the  memorial  of  George  Center,  submitted  a  report  ac- 
com])anied  liy  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 
Ordered,  That  the  report  be  printed. 

DEFALCATION   IN     THE    MINT. 

The  Senate  proceeded  to  consider  the  resolution  submitted  by 
Mr.  Cameron,  on  the  17th  instant,  for  the  appointment  of  a 
select  committee  to  investigate  the  recent  defalcation  in  the  mint 
of  the  United  States,  at  Philadelphia. 

On  motion  by  Mr.  CAMERON,  the  resolution  was  postponed 
to,  and  made  the  special  order  for,  Tuesday,  the  15th  Febrnary. 

StJSPENSION    OF    GENERAL     SCOTT. 

Mr.  CASS. — I  believe  the  hour  has  now  arrived  for  taking  up 
the  special  order  of  the  day. 

Mr.  CRITTENDEN.— I  did  not  distinctly  hear  the  honorable 
Senator. 

The  PRESIDING  OFFICER.-The  Senator  has  moved  to 
take  ujj  the  special  order. 

Mr.  CRITTENDEN,— Before  that  is  done,  I  wish  to  remark, 
that  there  is  a  subject  of  considerable  importance,  now  occupying 
much  of  the  attention  of  the  public,  and  which  excites  much  con- 
versation, in  reference  to  which  I  desire  to  ask  a  question  or  two 
of  the  honorable  chairman  of  the  Committee  o'n  Military  Affairs. 
The  questions  to  which  I  desire  to  obtain  an  answer  arc,  first : 
whether  General  Scott  has  been  recalled  or  suspended  from  the 
command  of  tho  army  in  Mexico;  and,  secondly,  whether  General 
Worth  has  been  relieved  from  his  arrest,  or  whether  be  also  has 
been  suspended  ? 

Mr.  CASS. — If  the  honorable  Senator  from  Kentucky  should  not 
receive  my  answer  as  any  proof  of  my  fitness  to  discharge  tho 
duties  of  Chairman  of  the  Committee  on  Military  Affairs,  I  hope 
he  will  at  any  rate  receive  it  as  affording  some  evidence  of  my  im- 
perturbable humor.  I  would  remark  to  the  honorable  Senator, 
however,  that  I  know  nothing  upon  this  subject  that  is  not  fully 
within  the  control  of  every  member  of  the  Committee  ;  and  if  he 
had  gone,  where  I  went,  the  same  infornmtion  would  have  been 
given  to  him,  which  has  liecn  given  to  me  ;  and  I  am  at  liberty  to 
say,  that  the  administration  will  freely  coramunieate  on  military 
subjects,  with  any  member  of  the  Military  Committee,  wlio  may 
ask  for  information.  With  respect  to  the  distinct  questions.put  by 
tlic  honorable  Senator,  I  feel  myself  at  perfect  liberty  to  eommti- 
nicale  all  the  facts  in  my  possession,  as  I  was  expres.sly  authorised 
to  do.  They  are  simply  these  :  General  Scott  is  suspended  from 
the  command  of  tlie  army  in  Mexico,  and  the  command  now  de- 
volves upon  the  next  oll'ieer  in  rank,  who  is  General  Butler.  Gen- 
eral Scott,  as  I  understand,  will  attend  the  Court  of  Inquiry  di- 
rected to  be  held  at  Perotc,  lor  tjie  purpose  of  investigating  all 
the  difiiculties  which  hav(;  arisen — as  the  Senate  and  the  country 
well  know  many  dilficulties  have  arisen — between  the  higher  offf- 
cers,  by  whom  mutual  charges  have  been  made.  With  regard  to 
the  other  question  jiut  by  the  honorable  Senator,  I  believe  that 
General  Worth  has  been  suspended  from  liis  arrest. 

A  Senator. — Relieved  ? 

Mr  CASS. — Take  either  term  you  please.  Whether  finally  re. 
lieved,  depends,  I  presume,  on  the  result  of  tho  court  of  inquiry. 
I  believe  I  have  now  given  all  the  information  that  the  honorable 
gentleman  w'ants.  • 

Mr.  CRITTENDEN.— I  am  obliged  to  tho  honorable  "cntle- 
man  for  bis  information,  and  J  am  willing  to  receive  it  fts  evidence 
of  his  courtesy,  at  least,  if  not  of  his  imperturbable  character.  I 
only  supposed  that  bis  station  as  Chairman  of  the  Committee  on 
Military  Affairs,  on  wliich  I  have  the  honor  of  scrvins  under  him, 
was  such  as  to  alltird  him  tlic  means  of  answering  the  questions 
which  I  submitted,  with  respect  to  matters  in  regard  to  which  I 
am  not  altogether  indifferent.  I  confess  I  have  heard  with  some 
little  astonishnient,  the  annouiieemcnt  just  made  that  General 
Scott  has  been  removed  from  the  command,  in  the  presence  of  his 

army,  on  charges  made  by  a  snbonlinate  officer.     However,  I  do 
not  intend,  now,  to  make  that  the  subject  of  any  remarks. 

THE    TEN    regiment    BILL. 

Tlfc  Senate  then  resumed  the  consideration  of  the  bill  to  raise, 
for  a  limited  time,  an  additional  military  force. 

Mr.  CLAKKE,— It  is  Uhq  to  tny^cll";  and  to  the  constituency 


January  25. J 


THE  TEN  REGIMENT  BILL. 


161 


whom  I  have  the  honor  in  part  to  represent  on  this  floor,  that  I 
slioulil  assign,  as  plainly  and  as  bripfly  as  may  be,  tlie  reasons 
which  will  govern  my  vote  on  the  bill  now  before  us  for  discussion. 
I  consider  it  second  in  importance  to  no  measure  that  can  demand 
our  attention  at  the  present  sfession,  not  only  from  tlic  principles 
'Hid  consequences  involved,  but  also  as  beins  the  first  of  a  scries 
of  measures  designed  to  enlarge  the  means  of  extended  oHensive 
warfare  against  Mexico,  I  had  lioped  iliat  liefore  Congress  was 
urged  to  the  passage  of  any  important  act,  a  particular  expression 
of  its  views  might  have  been  made,  dclining  to  what  extent,  and 
to  what  ends,  the  war  with  Mexico  should  be  further  prosecuted. 
Wo  are  informed  by  the  President  in  his  last  message  to  Congress 
tliat  the  destruction  of  the  nationality  of  Mexico  is  not  cnntempla- 
ted  by  him— that  he  designs  not  to  blot  her  from  an  existence 
among  the  nations  of  tlie  earth.  We  had  also  from  the  honorable 
Chairnian  of  the  Committee  on  Military  Afl'airs,  who  speaks  by 
authority,  the  same  assurance.  The  object  contemplated  was  the 
dismemberment,  not  the  subjugation  of  Mexico.  Other  things, 
however,  east  their  shadows  before  us.  Tlie  veil  has  been  par- 
tially lifted,  and  the  future  is  opened  cautiously,  but  unmistakeably 
to  view.  And  first  in  the  category  of  these  indications,  sir,  there 
were  certain  resolutions  offered  W  the  honorable  Senator  from 
New  York,  (Mr.  Dickinson,)  which  propose  that  it  be  resolved 
that  wc  form  a  territorial  government  for  certain  territories  in 
Mexico  :  although  our  right  to  the  territories  in  our  possss.sion, 
is  but  the  right  of  conquest .  In  the  next  place ,  sir ,  there  were  reso- 
lutions submitted  by  the  distinguished  Senator  from  Indiana,  (Mr. 
Hannecan,)  declaring  the  constitutionality  of  territorial  acquisi- 
tions. Next,  sir,  was  a  letter  from  Major  General  Scott,  dated,  I 
believe,  the  l.'Hli  of  September  last,  in  which  he  tolls  the  Secretary 
of  War,  that  if  the  Government  intend  to  occupy  with  its  troops  all 
the  principal  tcjwns  in  Mexico,  and  keep  the  central  government  in 
motion  and  alarm,  it  would  be  necessary  to  augment  his  forces  to 
fifty  thousand  men.  The  fourth  indication  which  has  struck  ray 
mind,  sir,  was  the  avowal  of  the  honorable  Chairman  of  the  Com- 
mittee on  Military  Affairs,  that  the  entire  con<|uest  of  Mexico 
was  intended.  The  fifth,  sir,  is  the  general  order  of  the  M.ajor 
General  commanding  in  Mexico,  dated  1.5th  December,  1847. 
which  general  order,  it  I  understand  it,  covers  the  whole  ground 
of  the  conquest  and  occupancy  of  the  territories  of  that  republic. 
To  llie  first  article  of  that  order,  I  desire  to  call  the  attention  of 
the  Senate  : 

"This  army  is  aliont  lo  spread  itijif  over  ami  to  occnnv  tlie  repulilic  of  Slei- 
ico,  until  tlie"  latter  shall  sue  tor  peace  in  terms  aceeptatile  to  the  government  of 
llie  Unileil  Stales." 

Thus  has  dismemberment  been  transformed  into  subjugation. 

When  the  Emperor  Napoleon,  in  the  pride  and  plenitude  of  his 
power,  impelled  by  his  lust  for  eonipiest  and  glory,  had  trodden 
down  with  his  iron  heel  the  ancient  dynasties  of  Europe — Holland 
was  subjugated;  and  in  his  memorable  decree  of  annexation,  re- 
mark.abie  for  its  brevity,  lie  says:  ''Ilolland  is  .annexed  to  France." 
One  step  more  and  wc  shall  have  annexation.  In  a  few  brief 
years,  where  was  this  mighty  eoii<,|ueror?  Stripped  of  his  power — 
a  prisoner  in  the  hands  of  his  oldest  and  strongest  foe — doomed  to  an 
exile  for  life  upon  a  rock  in  tlie  sea — and  France,  his  own  beauti- 
ful France,  at  the  mercy  of  licr  allied  foes — was  circumscribed 
within  her  anelent  limits 'of  sovereignty,  resting  on  her  greatness 
and  reposing  on  her  glory — ^ylelding  up  the  spoils  she  had  hidden 
in  her  bosom.-  Sir,  I  trust  that  sucli  may  not  be  the  fate  that  is 
reserved  for  us.  I  am  entering  into  this  discussion  with'  no  cap- 
tious view  of  opposing  any  measures,  come  whence  they  may.  I 
do  not  propose  to  discuss  the  controverted  causes  of  the  war. — 
The  first  and  primary  cause,  was  the  admission  of  Texas  for  ex- 
tension of  slave  power;  bat  that  is  no  longer  a  question  for  practi- 
cal use,  for  the  lone  star  of  that  republic  has  become  merged  in 
our  glorious  constellation. 

The  more  immediate  causes  are  to  be  found  in  the  ill-advised 
march  of  General  Taylor  to  the  Rio  Grande — whether  provoking 
-  hostilities  or  repelling  them — whether  invading  territory  in  pos- 
session of  Mexico  or  driving  Mexican  forces  from  Texas  and  her 
soil — I  leave  with  the  honorable  Senators  from  North  Carolina,  Ma- 
ryland and  Delaware,  who  have  spoken — abler  hands  than  mine. 
It  is  sudieient  to  say,  that  the  war  has  been  sanctioned  by  the  le- 
gally constituted  authorities  of  the  nation,  and  must  be  prosecuted 
to  a  just  and  honorable  peace;  such  a  peace  as  humanity  dictates 
and  the  interests  of  the  country  require — -a  just  pcace-'-surrender- 
ing  no  right,  and  inHieting  no  wrong.  I  therefore,  approach  this 
discussion,  unfettered  and  free.  ]\Iy  duty  here,  requires  me  to 
judge  of  measures  for  the  interests  of  my  country  alone;  and,  what- 
ever vote  I  may  give  shall  bo  from  the  best  convictions  of  duty, 
and  an  earnest  desire  to  promote  the  general  welfare. 

The  two  bills  reported  to  tlie  Senate  by  the  Committee  on  Mil- 
itary Affairs,  propose  to  augment  the  regular  army  10,000  men — 
and  the  volunteer  force  20  regiments,  equal  to  20,000  men.  It  is 
asked,  and  I  ask  it  in  sincerity  and  soberness,  why,  and  for  what 
end  is  this  additional  force  to  be  embodied  and  sent  forth  into  a 
conquered  country,  at  a  moment  when  the  advices  from  IMexico 
lead  us  to  believe  that  peace  may  be  had  upon  terms  of  our  own 
dictation — when  Commissioners  from  the  yet  remnant  of  a  gov- 
ernment at  Qucretaro,  existing  only  by  the  forbearance  of  the 
conmiandlng  general,  have  sought  your  ambassador  and  found  un- 
fortunately, Ills  power  withdrawn — when  to  avert  utter  subjuga- 
tion, it  is  confidently  said,  that  Mexico  invites  you  to  other  nego- 
tiations leading  to  a  treaty,  if  not  of  amity,  of  jieaee,  and  desires 
to  rescue  her  national  existence  from  ruin  ?    W^hy  is  it  necessary  to 

30th  Cong. — 1st  Session. — No.  21, 


increase  our  military  force?  Why  send  more  men  to  enforce  greater 
humiliation  ? 

From  the  able  report  of  the  Secretary  of  War — and,  sir,  I  take 
great  pleasure  in  subscribing  to  its  aliility — it  appears  that  we 
liave  now  in  the  army  43,o3fi  men.     Of  which  there  are — 


Re»nlars  -  -  -  -  - 

Volunteen!      -  -  -  -  - 

With  Peott  at  Tampico,  Vera  Crnz.  anil  Moxieo 
Willi  Tavlor  (now  Wool)  on  the  Rio  Grande 
fn  Santa  Ke,  and  on  Orejjon  and  Santa  Fe  route 
In  California  .  _  -  - 

III  Mexieo        ,  -  -  -  - 

Add  Michijjan  and  other  volunteers 


21,509 
23.0-27 


3a,I.V. 


:i.r..-H 
1.019 


43.:',:10 
2,000 


To  this  should  be  aildcd  the   whole   naval    force   in   the  Gulf  of 
Mexico,  and  the  whole  force    in  the   Pacific.     These   forces  have 
been  as  efficient  in  their  own  sphere   of  action,  as  any  portion  of 
our  force  engageil  in  the  brilliant  and  gallant  exploits  redounding 
to  the  honor  of  their  country. 

May  wc  not  fairly  add,  a.s  the  actual  efTiciciit  naval  force.  4,4G1 
men?    and  if  so,  wc  have  at  present  a  force  In  and  around  Mexico 
amounting  in  the  aggregate  to  50,000  men.     In  addition  to  this,  the 
existing   laws  authorize   the   recruiting   and    embodying  of  8,000 
men  for  the  regular  army;  and   the  President  has  authority  to  ac- 
cept 12,000  voluntcrs.     All  this  making  20,000— added  to  the  pre- 
ceeding  estimate  of  .50.000,  gives  the  present   force    as  authorized 
by  law,  at  70.000  men'.     Pass  this    bill,   and   the  bill  for  20  regi- 
ments of  volunteers,  and  you  cannot  have  less  than  95.000  men  en- 
gaged in  seeking    indemnitji  and  secm'ity  from   Mexico,  already 
prostrate  before  you. 

These  things  being  so,  the  first  question  to  my  mind  is,  why  and 
for  what  are    these    additional    forces  wanted  ?     And,  secondly, 
■where  are  we  to  get  the  ways  and  means  to  maintain  them  ?     It 
was  said  by  the  honorable  Senator  from  Kentucky  some  days  since 
that  our  forces  had  cost   the   country  for  tlic  last  year  SI  ,000  per 
man.     On  the  other  hand,  it   is  slated  by  the  honorable  Senator 
from  Michigan,  at  279,000  for  a  regiment, only,  however,  lor  pay, 
rations  and  clothing,  without  allowance  for  excess  of  expenditure 
in  a'  foreign  cotintry.     I  have  examined  the  subject,  and  will   sub- 
mit  the  calculations  tliat   I  have  made.     How  many  men  have 
been  in  the  field,  on  an  average,  for  the   past  year  ?     Not  over 
30,000. 

Say  Scott,  on  all  his  lines  -  -  -  18,000 

Tavlor       ------  8,000 

Saiita  Fe,  &c.        •  -  -      -      •  -  4,000 


30,000 

Expenses  last  year,  (besides  outstanding  claims,)         $5S,000,000 
Deduct  $28,000,000  for  ordinary  expenses,  inclu- 
ding  army  and  na\'}' or  peace  establishments  $28,000,000 


And  you  have — 


$3l),000.000 


Which  averages  $1,000  per  man,  besides  bounty-pensions,  and  so 
on.  Now,  sir.  add  to  the  army  the  regiments  now  proposed 
by  this  liiil,  and  bill  for  volunteers,  and  you  have  95,000  men  in 
the  field;  and  these  proposed  measures  cannot  but  enhance  your 
expenditures  twenty  million  dollars. 

Scott  had  at  Vera  Cruz,  29th  March,      -  -  13,000 


He  marched  8th  April  to  Cerro  Gordo,  with 
Discharged  his  volunteers 

Went  to  Jala]>a  with         .... 
Thence  to  Perote,   leaving   garrisons  at  Jalapa 
and  Perote  of  -  -       -     - 

And  entered  Pucbla  with 


11,000 
3,700 

7,300 

2,000 

5,300 


Here  he  waited  until  August  7.  for  reinforcements;  and,  accord- 
ing to  the  Secretary's  report,  received  there  about  5,000  men  under 
the  command  of  Gen.  Pierce.  Leaving  a  garrison  in  Pucbla  of  .500. 
besides  the  force  withdrawn  from  Jalapa;  he  commenced  his  vic- 
torious march  to  Mexico  with  10.000 — took  it.  established  and 
maintained  himself.  Of  these  10,000,  at  least  2,000  were  killed, 
wounded,  or  disabled,  leaving  8,000,  of  which  only  (i,00t)  entered 
the  city  and  dlsjicrsed  the  whole  Mexican  army. 
In  Tampico  and  Vera  Cruz  there  are  ]irobably  now  2.000 

At  Jalapa,  Perote  and  Puebla,  -  -  -  5.000 


7,000 


Which  being  deducted  from  Scott's  whole  force  of  32,156,  gives 
him  in  Mexieo  and  the  country  immediately  about  it,  no  less  than 
25.156.  At  the  last  accounts  General  Scott  was  arranging' 
an  expedition  from  this  force — ^wholly  unnecessary  for  holding 
Mexico  and  its  suburb.s — to  Potosi  and  the  mining  districts  of  /a- 
eateeas;  and,  as  yet,  wisely  leaves  Queretaro  untouched,  for  there 
only  can  be  found  the  remnant  of  Mexican  authority.  Probably 
liefore  this  bill  can  become  a  law — indeed  long  before  this  force 
can  reach  the  Mexican  territory — these  mining  districts,  the  wealth 
of  whicli  the  (lilfidcnce  of  the  .Senator  from  Michigan  could  not 
allow  him  to  name — this  Eldorado,  which  for  centuries  has  been 
the  en\-i.'  and  the  ruin  of  grasping  and  unjirinclpled  ambition,  will 
have  yielded  to  our  forces,  haying  nothing  to  resist  them,  and  thus 


"162 


THE  TEN  REGIMENT  BILL. 


[Tuesday, 


Mexico — its  mines  and  its  wealth — its  pride  and  prowefs — its  al- 
tars and  its  lioly  rinblems  of  faitli — its  power,  and  oven  its  nation- 
al existence  are  at  the  foot  and  tlie  lucrcy  of  a  conquering  and 
triunipliunt  foe.  More  than  we  shoiUd  desire  is  ours — and  why- 
want  more  men  ? 

Now,  let  us  glance  at  the  financial  aspect  of  the  case.  We 
have  had  in  ijeneral  estimates  the  amount  supposed  to  bo  neces- 
sary for  the  in-coniinir  year.  Those  estimates  are  jjredicated  upon 
the  present  force  now  in  the  liold — and  are  independent  ol  ll"' 
troops  proposed  to  be  rai.sod  by  ibis  and  tlie  volunteer  '"'I-  1''° 
Secretary  of  the  Treasury  aslts  for  a  duty  on  tea  and  coffee,  to 
support  the  troops  and  the  honor  of  the  country.  This  is  sound 
doctrine.  Let  the  administration  jjropose  a  direct  tax,  and  prevent 
the  iiicurrinp;  of  a  debt  of  more  tlian  a  hundred  mdlions. 

.Sir,  I  have  examined  some  estintates  from  the  Treasury  Depart- 
ment (ju  the  state  of  our  linances,  and  the  means  at  our  command 
for  oarrvini;  on  the  war.  .. 

By  the  report  of  the  ,Seeret;iry  it  appears  that  you  received  up 


$23.747,.SG4 

2;4!)8,3.").=) 

■  100,.'j70 


to  June  :W,  1847 
From  Customs, 
From  Land, 
Misjellaneous, 

Actual  receipts,       -  "  ",  "^         ",      '^26,340,789 

Last  6  months  of  Tariff  of  1842..  and   hrst    f.  months 

of  Tariff  ol'  IS4(). 
In  July  J,  1846,  there  was  in  the  Treasury  -  $9,120,439 


35.473.22S 
59,451,177 


$23,977,949 
$33,104,388 


Whole  resources  except  Loan  and  Treasury  notes 
Kxpenditures  during  same  tiscal  year, 

Expenses  over  receipt.s — not  including  Loans  or 
Treasury  notes,       .  .  -  -  - 

Add  $9,126,439,  in  Treasury,  makes 

The  $9,126,439,  in    Treasurv,  is  absorbed   and   lost,  and  a  deli- 

ciency  of  323,997,949  is  supplied   by  loan  and  is  a  debt  on  interest 

fur  the  country  to  pay. 

The  estimated  reot'iiits  into  the  Treasury   for   ihc   year  ending 

June  1848  are  : 

From  Customs  (3  last  (piarters  estimated)  -  S31.000.tKIO 

From  Lands, 3.500,000 

Miscellaneous, 400,000 

$34,900,000 
I  propose  to  reduce  for  overcsliinale 
Customs,  ....  S4,000,000 

Lands,  .    '        .  .  .  3,000,000 

Miscellaneous,  -  -  -  '  300,000 

$5,300,0(K) 

$29,600,000 

tf  the  revenue  is  more,  the  wmse  for  ihe  country  producing  such 
excessive  importations. 

Expenditures  for  year  ending  June  .30,  1848  ; 
By  eslunale  made  December,  T846,  as  per  rcjiorl,         $45,781,784 
Add  to  Ibis  ibe  additional  appropriation  already  asked 

for  by  Secretary,  vide  letter  November.  24,  1.S47,       $13,932,735 

$59,714,519 
Already  asked  addilional  for  Qu;irlerninster"s  Depart- 
ment,        -  -  -  -         ■     -  ■  4,000,000 


$63,714,519 


$34,114,519 
23,977,919 


Letiving  an  excess  of  expenditures  over  receipts  for 

year  ending  June  30.  1848  -  - 

Add  lo  this  llw  delieicucy  of  the  preceding  year. 

War  Debt,  June  30,  1848,  -  -  -  $.58,092,468 

Besides  the  $9,126,439  in  Treasury,  July  1,  1846:  and  the  residue 
IS  en"  must  be  supplied  by  Loans. 

Those  eslimales  all  nnileuiably  prove  that  Large  amounts  of 
money  are  iinincdialely  needed,  and  that  large  loans  will  be  rc- 
ipiired  to  furiusli  the  means,  indispensably  necessary  to  the  public 
(■rcdit.  Sir,  I  am  opposed  to  the  creaticm  of  a  national  debt.  If 
we  will  incur  responsibilities  in  a,  war  of  conquest,  we  should 
boldly  inccl  the  emergency,  liy  imposing  such  taxes  as  will  ensure 
lull  faith  in  the  plighted  lionour  <tt'  tlic  nation. 

In  the  report  of  the  Secretary  of  the  Treasury,  I  find  amiilstils 
heresies  and  speculations,  one  paragrapli,  sound  and  incontroverti- 
ble, proposing  taxation  as  the  true  basis  of  national  faith.  I  will 
read  it.  I  can  admire  "  a  rich  jewel"  even  ''  in  an  IHIiiop's  ear." 
I  commend  it  to  Ihe  ccnisidcratiou  of  Sen.afors,  fur  its  true  and 
just  views  of  our  duties  : 

"Iti^.isouml  rule,  wiien  (■oiilraclin^  :i  puhlir  ilclit,  lo  providi',  al  llKMiint^,  surli 
rr-vciiue  ns  will  liL'  ndfiiiijUi-'  for  tlie  iirtunpl  iiiiynn-nl  of  tlic  iiiu-rrsi,  iiiill  llic  ;irailii:il 
hut  ccrtiiin  e\1il)KiiisIiincnt  ol'tlio  |iriiK-i|i:il  of  iln?  (U-lit,  Po  Iciii"  as  tliis  nik-  is  pin- 
siK-il,  Ihi'iv  11-  no  ilaliger  of  any  alarming'  ucariiniulatioii  of  public  iWlit .  uor  any  appre- 
lifii.ion  tliat  till-  public  credit  will  Ik*  impaind  iir  t'Uibarrasscd.  To  refuse  tbe  ta\  at 
tbis  lime,  would  be  lo  accumulate  a  laT;:e  debt  wirb  an  nu^'memiuj'  amount  of  iii- 
tere.I.  anil  witli  no  certain  means  provided  tor  tlic  liipiidatiou  of  siicb  entia^i'inents. 
'I'lio  credit  of  nations  i»  b«sL  maintnilied  wlicu,  for  all  Ilicar  oldiyatinns,  adcipiatepru- 
\i-loii  IS  made  at  tbo  lime;  awl  tbcre  is  dan;;er  tbal  nicreasin.;  debts,  witbout  any 
additional  revenue,  iniglit  expo,™  our  finances  to  jreat  liazard." 

With  one  short  extract,  sir,  froni  the  report  of  General  Ham- 
ilton, I  will  trouble  the  Senate  : 


•■Tlic-c  truths  early  allra'leil  the  uotiyc  of  llie  falbcrs  of  ibe  Re|iublic,  and  we 
aceordinjily  lind  tbe  |K>Iiey  advocated  by  the  lirst  Secretary  of  tbe  TrBa,sury  of  "incor- 
poralinjj,  ix^'A  fiiinl<inumtnl  iiKiiim  iu  tile  system  of  )iublic  credit  of  tbe  United  States, 
that  l\\^creatkiii  of  debt  should  (tUcatts  be  (ucompanitd  iritft  the  7nc(i7ts  ofeitin^uislt- 
virtit — wliicb  is  the  true  secret  for  rendering /iw/z/ic  credit  immortal.  The  means  of 
i^ivins  ctlect  to  ibis  priuci|ile  were  declared  lo  be  two-fold:  I.  The  establishing,  at  the 
time  ol' contracting  a  debt,  funds  for  Uie  reimbure&menl  of  the  principal,  as  well  as  for 
file  payinent  of  the  interest  \vithiu  a  determinate  jieriod.  ij.  The  uiaking  it  a  part  of 
tlie  contract  that  tbe  fundsso  established  shall  be  inviolably  applied  to  the  object,  and 
to  this  end  vesting  the  same  in  cominis;ioiiera  as  a  propri^lary  tntst." 

Sir,  I  commend  this  doctrine  to  the  attention  of  the  Administra- 
tion. 

During  the  past  fiscal  year,  the  products  of  the  country  have 
borne  high  ami  unexampled  prices.  A  general  prosperity  per- 
vaded our  whole  business  and  monetary  concerns.  The  cotton 
crop — I  agree,  sir,  the  ruling  crop  of  the  country — exceeding  but 
little  1,800,000  bales,  ruled  at  prices  high  and  exorbitantly  remu- 
nerating. The  inllucneo  of  the  new  tarilf  and  the  sub-treasury  had 
not  been  felt — there  wore  shortcrojis  ol  breadstutls  in  continental  Eu- 
rope— a  famine  in  Ireland — and  in  England  the  product  falling  far 
below  the  general  average — createil  an  extraordinary  demand  for  the 
surplus  of  the  rich  harvests  ol  our  country,  and  elevated  prices  lo 
an  unexpected  height.  Cotton  advanced  to  points  ranging  from 
10  to  14  cents;  floiir  $9;  Corn  $1,30. 

At  such  prices  was  a  portion  ol'  the  exports  of  ihe  country  val- 
ued, .and  at  that  unusual  and  cxtraordintiry  valuation  the  whole 
expoi-ts  by  custom  house  returns  timount  to  $158,648,000,  and  ex- 
ceeded by  $26,000,000  the  expin't  of  any  preceding  year.  This 
amount  of  export,  under  a  home  valuiilion — and  that  valuation 
based  upon  an  excited  and  inflated  market,  is  not  the  true  test  of 
the  value  of  our  ex]>orts,  nor  of  our  ability  to  import  and  consume 
the  product  of  other  countries — it  is  alone  the  nett  proceeds  of 
these  exports,  such  as  are  realized  and  returned  to  the  country, 
that  makes  the  true,  ascertained  and  certain  value. 

Now,  sir,  I  submit  that  from  this  statement  of  exports,  as  ren- 
dered liy  the  Secretary  of  the  Treasury,  there  should  be  deducted — 
losses  liy  sea,  damage  to  cargoes  on  the  voyage,  reduced  receipts 
of  sales  less  than  the  cost  or  valinition  at  liome,  charities — the 
holiest  anil  the  best  of  all  exports  to  siilfcring  humanity — and 
losses  by  bankruptcies — ^aud  the  actual  amuiint  realized  to  the  coun- 
try did  not  exceed  ...  -  $140,000,000 


Imiiorls  for  fisctil  year,  ending  .Tune  1847         .  $146,545,638 

Specie,  -    ■         -  '■  ■  ■  2.J ,000,000 

In  foreign  goods,  -  .  -  .  $122,545,638 
Upon" this  estimate,  llic  excess  of  Imports  over  the  nett  proceeds 
of  Exports  has  created  a  balance  against  u^  of  $6,545,638. 
In  addition,  in  eonseotience  of  the  extreme  monetary  pressure  in 
England,  stocks  httvo  been  retitrncd,  and  sold  to  an  amount  esti- 
mated at $"10,000,000 

Which  tulded  to  imports  over  exports  -  -         6,545,638 


Leaves  an  actual  lialancc  of  exchange 


$16,545,638 


The  import  of  specie  was  a  .safe-  one  for  the  country,  although, 
yielding  no  revenue;  and  about  80  per  cent,  of  it  has  gone,  and  is  ' 
rapidly  going,  to  restore  tbe  balance  of  trade,  and  ei|ualize  ex- 
changes. A  year  since,  or  lhcrc:iliouls.  exchange  on  England 
was  four  per  "cent — or  somelhing  like  six  per  cent,  below  par.  Now 
it  is  at  a  premium  of  11  per  cent. — ^all  of  one  and  a  half  per  cent, 
above  |.iar  ;  and  the  exports  iu  specie  tire  ke]it  back  only,  because 
foreign  gold  cannot  be  had;  and  the  shipper  sustains  a  loss  of  one 
per  cent,  on  the  shipment  of  American  goUl.  The  greatest  distress 
prevails  in  all  the  great  m.arts  of  liusimtss,  and  commercial  cities  of 
the  country.  Money  is  worth  one  and  :i  hall' per  cent  per  month  in  the 
eastern  markets.  The  banks  aie  priulontly  contracting  their  loans, 
and  curtailing  their  issues  to  reach  a  point  of  safety.  The  circu- 
lating medium  of  the  country  is  diminishing — sales  arc  limited — 
manufactures  and  industrial  pursuils  checked,  if  not  paralyzed — and 
specie  is  rapidly  going  out  to  Mexico  and  to  Europe.  That  specie, 
which  is  alone  the  measure  of  all  values;  and  the  basis  of  all  ex- 
changes, whcllier  foreign  or  domestic,  must,  and  will  be  applied 
lo  pal,'  present  anil  fuliire  balances  of  trade.  And  amidst  this,  sir, 
where  is  the  national  treasury,  and  what  are  its  means?  Exhaust- 
ed by  the  expenses  of  the  war — jlraincd  almost  to  exhaustion — it 
is  as-kiiig  Congress  for  relief,  I  will  read  a  short  extract  from  a 
mercantile  journal  : 

"A  few  sales  of  steilin:,'  bills  show  that  no  material  idianire  has  yet  been  produced 
in  tbe  peeiniiary  relations  of  the  lliiited  Stales  and  Creal  llrilain.  Sjiecie  continues  to 
be  ship[iod  ill  a'lnoderateway,  andfora  few  ilavs  [i:lsI  not  much  has  come  in  from  any 
(luartiT  The  sub  tn-.Tsury  has,  however,  been  ilrained  into  the  banks,  nnlil  it  has 
but  aboul  seven  hiindu'd  and  lillv  thousand  ilollars  on  hand,  and  is  constantly  paying 
lar"e  drafts,  while  the  reeeiiits  are  small,  as  almost  all  the  duties  are  paid  in  treasury 
nol"ps.  At  this  lale  the  bos  ■deemed  and  taken.'  lo  he  a  tre.xsnvy,  will  soon  be  in  such 
a  condition  that  it  will  he  convenient  to  serafie  the  bottom.  The  banks  have  some 
siK  millions  ofi-oiii,  chiefly  American  gold,  which  is  worth  less  than  sovercijiis  to  ship 
for  r.n'daiid  by  one  per  cent.  The  {.■overnment.  in  eonforniity  to  the  doctrines  of  the 
sub  tie7i.surv,  li,as  kept  the  mint  hard  at  work  in  coining,  at  ,t  damage  of  one  per  ceul. 
bcyoml  the' labor  of  coining.  The  banks  and  merchant.s  are  looking  with  inereaseil  in- 
terest to  the  cxpeiidiliires  of  the  government.  The  slate  of  the  country  is  such,  that  il 
the  .Mexican  war  is  to  keep  np  its  large  dniins.  prudent  men  will  orcserva  the  contTacl- 
od  position  whieb  they  have  been  gaining  for  Iwo  or  three  months  juLst.  These  facts 
in  the  city  will  ha  hkely  to  reach  llic  ennntry  in  low  prices  for  produce,  so  compelling 
a  present' payment  of  the  expenses  of  the  war  by  the  very  process  of  making  a  debt 
upon  jiosteriiy," — Journal  of  Commerce. 

In  this  state  of  the  monetary  concerns  of  the  country  generally, 
and  more  especially  of  tbo  Ireasiiry  itself,  I  ask  if  it  is  not  mad- 
ness to  impose  upon  it  such  l;e:ivy  additional  charges  as  thirty 
|-cgimeuls  of  troops,  or  even  as  lUe  leu  regiments  proposed  by  tUo 


January  25.] 


THE  TEN  REGIMENT  BILL. 


163 


hill  iiiiHer  discassion,  m^st  inevitably  ilo;  and  those  troops  not 
necilRil  lor  any  ])urposc,  except  for  the  entire  conquest  of  Mexico, 
anil  hardly  for  that. 

I  see  nothing  Mr  President  in  the  financial  prospect  of  the  coun- 
try, for  the  eoniini;  year  to  improve  onr  condition — nor  in  the 
Secretary's  estimates,  which  must  necessarily  ho  hypothetical 
which  sivos  rae  any  assurance  of  improvcmenl,  or  essential  reliei. 
The  Secretary's  conjcetm-al  estimates  fur  the  year  ending  Jiuio 
lS4i»,  arc 

Customs  ..-■■-  $32,000,000 
Lands .-{.OOO.OOO 


Boimty  lands  in  market  uili 


'dii 


3."),000,000 
1,000,000 


,  .$3.1,000,000 

The  average  duties  upon  iniii'irts,  includiuu  free  goods,  are 
abiiut  19  per  ccnl .  upon  gross  importations,  ni.iUin;:  it  necessary, 
in  order  to  realize  $32,000 jlJOO  from  tjic  ensioms  at  the  present  rates 
of  duty— to  import  to  no  less  a  suniTian  $170,000,000,  in  that  year. 
How  vain  is  the  expectation  of  such  an  import— and  how  ut- 
terly ruinous  to  the  country,  if  the  views  of  the  Secretary  should  he 
realized.  I  will  venture  the  prophecy,  that  your  exports  for  that 
year  cannot  exceed  $120,000,000. 

And  I  ask  how  is  Uie  balance  to  be  paid  ?  The  bu.sincss  rela- 
tions of  the  countrv  can  bear  no  further  exhaustion.  Amino  .such 
import  will  be  made,  nor  will  any  such  amount  be  rceeieyed  from 
customs.  Let  prudent  stat(-sman  consider  whether  thi.s  is  a  time 
to  plunge  into  unnecessary  extravagance— or  rather  ishould  nol  oiir 
honest  Vflbrts  he  for  peace?  Let  this  drain  of  excessive  expendi- 
ture cease  ;  and  a  just  and  honorable  conidusion  of  the  war,  re- 
store the  counlry  toils  right  am!  proper  pnsilinn.  Slocks  are  below 
par— Treasury  Notes  are  at  98,^— ami  that  only  because  they  arc 
receivable  for  duties  and  nuidi;  equal  to  sjiecie. 

Now,  sir,  the  Secretary  asks  for  a  hmu  for  $18,.'j00,000,  sincis 
however  reduced  to  $12,000,000,  and  already  has  he  increased  his 
w.ints  lo  the  Committee  of  Ways  and  Means,  $3,700,000,  making 
$lfi.OOO.OOO.  Add  four  millions  revenues  less  than  his  estimate,  and 
it  makes  Iwenty  millions.  Sir,  he  will  want  $2J, 000 ,000.  Pass 
this  bill,  and  the  volunteer  bill,  and  he  cannot  reipiire  less  than 
$40,000,000. 

With  what  prospect  of  success  can  be  go  into  the  money  mar- 
ket for  such  a  loan,  or  any  consider.able  p(n-t|on  of  it — in  the  pre- 
sent tinani'ial  and  coruinercial  iMinditii>n  of  the  country.  Such  a 
loan  if  leipiired  could  not  lie  obtained  at  over  $90  for  the  $100 — 
and  1  fear  could  not  be  got  at  that,  for  much  of  the  money  is 
wanted  out  of  the  country — in  Mexico.  The  existing  means 
will  allow  no  such  abstraction  from  the  commercial  and  business 
wants  of  the  eoiintry. 

If  a  loan  of  $20,000,000  can  be  realized,  by  your  law,  it  must  jjo 
paid  info  the  Treasury  in  specie;  and  that  sjiecic,  or  a  large  part  of 
ii,  will  riihcr  go  to  Mexico,  or  to  ICngland  in  payment  for  English 
funds  birnished  by  bankers  there  in  support  of  our  armies.  All 
this  will  increase  our  commercial  embarrassments,  now  at  a  fear- 
ful point,  and  render  sales  of  ])rodncc,  and  mcreautilc  engagements, 
of  an  extremely  limited  character. 

Sir,  the  merchants  of  the  country  arc  but  the  distributing  agents 
of  the  great  producers  of  the  world,  and  this  commercial  embar- 
rassment now  experienced  by  thein,  will  next  be  felt  seriously  and 
with  greater  ediict  by  our  own  producing  and  agricultural  com- 
munities. The  want  of  means  to  advance  and  transmit  the  pro- 
duce from  the  interior  to  the  market,  must  cause  a  severe  decline 
in  prices,  and  the  South  and  the  West  producing  the  great  staples 
of  the  country,  will  lind,  in  the  reduction  of  prices,  their  share  of 
the  great  financial  crisis,  caused  by  supporting  a  foreign  war,  and 
abstracting  for  that  war  the  means  necessary  for  the  profitable  ex- 


changes of  their  products.  I  have  heard  prices  named  to  which 
cotton  and  breadstuils  must. go,  fearfully  alarming — and  the  aggre- 
gate reduction  estimated  at  $200,000,000.  Nothing  can  avert  this 
but  an  extraordinary  demand  for  breadstuils  beyond  any  calcula- 
tions   tliat  the   wants  of  Europe  would  sirem  to  indicate. 

Next,  sir,  in  the  course  of  inflictions,  the  labor  of  the  country 
will  experience  its  saddening  inllucnce.  Its  piofnablc  employment 
will  bo  cheeked  or  suspended,  and  then  the  blow  will  be  felt  most 
severely;  because  the  daily  necessities  of  that  class  renders  it  less 
able  to  avert  the  force. 

The  contraction  of  the  ordinary  circulating  medium  of  the  coun- 
try is  another  consciiucnce  of  this  abstraction  of  .specie.  For  every 
dollar  in  speeic,,souiid  specie-paying  banks  are  safely  alloweil  to 
put  into  circulation  four  dollars  in  bills,  and  these  bills  emploved 
in  the  daily  uses  and  payments  of  the  community,  will  be  with- 
drawn in  that  ratio  from  circulation.  A  loan  of  $20,000,000,  either 
in  funded  stock  or  treasury  notes,  cannot  but  contract  the  sound 
circulating  medium,  $00,000,000,  the  specie  upon  which  that  cal- 
eiilation  is  ba^'d,  liaving  thus  been  withdrawn  forthe  support  of 
our  armies  in  Mexico.  With  sueli  a  contraction  of  the  currency, 
it  is  painful  to  think  to  what  point  of  depression  prices  would  go, 
and  the  consequent  general  and  individual  distress  we  shall  be 
called  ujion  to  endure.  In  a  war  of  defence  the  Treasury  of  the 
country,  like  its  blood,  wobld  be  poured  out  like  water.  In  a  war 
of  conquest,  even  for  indemnity  and  security,  no  such  feeling 
would  prevail.  If,  then,  the  men  are  not  needed,  as  I  have 
shewn,  for  any  object  short  of  the  entire  subjugation  and  eon- 
quest  of  Mexico — and  the  means  are  not  to  be  obtained  unless  at 
great  .sacritiee  and  utter  commercial  distress — 1  ask  why  pass  this 
bill,  or  press  it  to  a  hasty  and  immediate  decision  ?  These  addi- 
tional troops,  if  sent  into  Mexico,  can  only  be  employed  in  extend- 
ing c(*(iucst  over  the  entire  republic.  Drive  the  government  to 
disband  itself,  and  with  whom  can  you  m;ike  a  peace  ?  To  whom 
can  you  restore  the  whole  or  any  part  of  Mexico  ?  To  whom  is 
her  nationality  to  be  entrusted  ? — and  by  whom  is  it  to  be  main- 
tained? Take  it,  ami  you  must  keep  it. — "How  will  you  escape  it?  " 

In  the  distracted  condition  of  Mexico— with  a  population  mixed 
and  incongruous — groaning  under  the  despotism  of  military  pow- 
er— and  changing  hiu-  rulers  only  to  exchange  one  degradation  for 
another — with  no  lixed  principles  of  government — a  degraded 
population,  far  inferior  to  the  Aztec  race  in  servility  and  person- 
ace,  accustora?d  only  to  obey — their  condition  cannot  perhaps  but 
be  improved.  But  to  incoriioratc  such  a  disjointed  and  degraded 
mass  into  even  a  limited  participation  of  our  social  and  political 
rights,  would  be  fatally  dcsiruetive  to  the  institutions  of  our  coun- 
try. There  is  a  moral  pestilence  attached  to  such  a  people  which 
is  contagious — a  leprosy  that  will  destroy — 

"Like  a  militeweil  ear,  'twilt  Iiliglit  its  wliolcsome  brollier." 

This  stupendous  scheme  of  subjugation,  sequestration,  and  an- 
nexation, cannot  but  shock  the  public  sense  of  the  country,  and 
cause  reflecting  men  lo  estimate  the  dangers  before  them.  The 
leprous  distilmcnt  will  infuse  itself  into  the  system  only  to  poison 
and  destroy. — 

"It  Cliinot,  .inil  it  will  not  come  to  cood." 

In  God's  name,  let  the  danger  bo  avoided,  before  it  is  too  late. 
Our  own  dissentions  are  sulficient  to  distract  the  harmony  of  the 
country,  and  try  our  institutions  to  their  utmost  tension. 

Stop  this  unholy  lust  for  conquest.  No  longer  endanger  the 
blessings  of  I'lccdom,  so  signally  our  own.  Let  discord  be  driven 
from  amongst  us,  and  the  bright  example  of  our  institutions,  re- 
stored to  their  purity,  continue  to  shine  lorlh  for  the  imitation  and 
emulation  of  all  mankind. 

On  mo  I  ion, 

The  Senate  adjourned. 


IM 


PETITIONS— RESOLUTIONS. 


[Wednesday, 


WEDNESDAY,  JANUARY  2(>,  1848. 


I'ETITIONS. 

Ml  DICKINSO.N  presented  a  pelilion  of  cilizcns  of  New  York, 
pravin-  the  cslalilishnu-nt  of  a  port  of  e»Hy  at  Ko,.«!'s  J'oinl,  m 
that  State;  wliiuli  was  referred  to  the  Comiuittee  mi  Commerce. 

Mr  HUNTKR  presented  the  memorial  of  the  I're.sidei1t  of  WW- 
r  ,1  ivi..,-,.  f,,llc.','   in  the  State  of  Vir2inia,))ravin'.' eompen. 

;;;^;t.^(^-.';' offend  .Lnago  to.  the  Colh.,.^  l.nihUn,  .^  the 
French  troops  dorin^'  the  Hev<.k.tionary  war;  whud.  was  relcrred 
to  the  Committee  on  Revolutionary  Claims. 
On  motion  hy  Mr.  FKLCH,  it  was 
Ordered.  Thai  the  petition  of  Amhrose  R.  Davenporl  on  the 
iiles  of  the  Senate,  he  r.:ferrr.l  to  the  Comimttec  on  Military 
Affairs. 

On  innlion  by  Mr.  PEARCE,  it  was 
Ordered,  That   the  petition  of  David   N.  Smith,  on   the  tiles  of 
the  Senate,  he  referred  to  the  Committee  on  Pensions. 

MESSAGE    FROM    THE   HOUSE. 

The  foUowinu'  messaa;e  was  reeeived  from  the  House  of  Repre- 
sentatives, by  Mr.  Ca.mpbell,  their  Clerk  : 

M,  I'rcsi.lciit :  Tlie  lloiw  of  Rc|.rcseiiUlives  liave  pa,s.-.l  llu-  Nil  Iniin  Ihc  SciKite 
r-ntilkd  ••  An  !u:l  px.-nn.tiiiS  vessfls  ™,|,loyn,l  1,»  thn  A.ucruii,,  (  f,l,mizuli..ii  Soi-irty 
I,  trK,iM.<irtiii"<-olor,ileini;nnil,<rron.  ihc^  IJn.lcd  Stat.-s  lo  lim  co-kI  ol  Alnfn  (rom 
lllo  ;Zv,sio.>  of  .l"-:..-t.  of  tlK.  -W.!  Fd,r„-.r.v  ami  M  of  .M.r.-h,  im:.  ,eK„ha.„r  .!,. 
ciirriagc  of  piissiMigfis in  nieri-luint  vu^si'ls. 

Also  a  ioiiil.  resolulion  from  111.'  t^onafe.  oiitilled  "A  resolution  nulliorizinR  tlu- 
erwtion  on  Hie  pnlilic  sroiimls  in  llu-  ci.y  of  Washington  ol  a  nio.inii.enl  lo  (.euigi- 
Waihinylon." 

The  IV-i.leiil  iif  III?  trnileil  Pl.-itesaiMTOveil  and  sisneil,  on  tlie  iiJlli  inilanl,  llie 
eiiiolled  Ijill,  i.nlliori/.ins  Uio  Seerelary  ol  the  Treasury  to  grant  a  remitter  lo  tlie  l)aii|ne 
Sarah  anil  Eliza. 

PRI-NTING    OF    THE    TREASURY    RF.PORT. 

Mr.  PHELPS  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent^aud  agreed  to  : 

Itr^olri:!  Tliat  the  Joint  Conimiltee  on  I'riiitins  be  direcleil  to  in.inire  into  the 
eanje-  «hie'h  have  nrevenled  the  ptiiilinc  oi  tlie  annual  rC|Hin  ol  llie  heerelary  ol  the 
Treasury  wilh  the  anuexed  tallies,  and  wUy  tlie  same  have  not  heeli  llimished  to  tho 
irienibers  of  the  Senate. 

JETHRO  wood's    PATENT. 

Mr   TURNEY,  from  the  Committee  on  Patents,  to  whom  was 
referred  the  petition   of  the    executrix  and    executors    of  .Tethro 
Wood,  rt'ported  a  bill  to  further  extend  the  patent  of  .Tethro  "Wood. 
The  bill  having  been  read  a  first  time, 

Mr.  TURNEY  expressed  a  hope  that  it  would  be  talcen  up,  and 
passed  at  onee.  It  had  passed  the  Senate  last  session,  but  was 
lost  in  consequence  of  its  failing  to  be  reached  in  the  House. 

The  bill  was  then  read  a  second  time,  by  unanimous  consent, 
and  considered  as  in  Committee  of  the  Whole:  and  no  amendment 
being  made,  it  was  reported  to  the  Senate. 

Mr.  ALLEN  wished  to  hear  some  good  reason  offered  for  the 
passage  of  the  bill.  He  should  move  to  strike  out  the  enacting 
clause  whenever  the  bill  came  up. 

The  PRESIDING  OFFCER.— The  bill  is  now  before  the 
Senate. 

Mr.  ALLEN. — I  move  tlien  to  strike  out  the  eiuieling  clause. 
Mr.  TURNEY. — I  do  not  know  on  what  ground  the  Senator 
from  Ohio  objects  to  this  bill,  or  for  what  reason  he  desires  its  re- 
jection. I  am  inclined  to  tliink  that  he  may  not  have  had  an  op- 
portuninty  of  examining  the  grounds  on  wliieli  the  coininittee  have 
recommended  the  passage  ol  this  bill.  The  inventor  of  this  im- 
provemenl  in  the  iilough  reeeived  no  benelit  from  the  patent  during 
the  tirst  term,  ami,  indeed,  exhauslcd  his  fi)rtiiiie  in  the  continued 
ed'orls  which  he  was  obliged  to  emjiloy  in  order  to  obtain  his  rights. 
He  is  nowdeiid,  having  left  a  family  of  four  daiii;lilers,  for  whoso 
benelit  an  extension  of  the  patentfor  the  short  ]ieriod  of  seven  years, 
is  now  proposed  by  the  bill  before  the  Senate.  I  will  only  add  that  the 
bill  passed  at  the  last  session  of  Congress;  that  it  has  been  unani- 
mously reported  by  the  Committee,  and  that  I  am  ijnite  at  a,  lo.ss 
to  know  on  what  ground  objection  is  now  made  to  its  jiassage. 

Mr.  DICKINSON.— This  bill  originates  in  the  State  of  New 
York  and  numerous  petitions  and  memorials  in  regard  to  it,  have 
been  presented  at  previous  sessions.  Before  coming  here,  I  hiip. 
pened  to  be  employed  as  counsel  in  rpnard  to  litis  patent,  and  slill 
sustain  to  it  professional  relations.  When  the  ipiestion  was  up 
before,  I  declined  voting  on  it  for  the  reason  now  stated,  and  I 
shall  decline  to  volo  now,  unless  the  Senate  shall   order   ollur. 


wise.     I  have,  therefore,    nothing   to   say   as  to  the  merits  of  the 
case,  and  make  this  statement  in  order  lo  explain  my  silence. 

Mr.  DAYTON. — I  have  only  a  single  remark  to  make  in  refe- 
rence to  this  bill.  I  hesitate  not  to  say,  that  if  any  of  these  appli- 
cations for  extension  of  patent  rights  deserves  attention,  this  cer- 
tainly docs.  It  is  a  meritorious  application.  I  have  become  ac- 
quainted with  the  ease,  and  have  no  hesitation  in  asserting  thai 
every  rule  liy  which  the  exten^on  of  patent  rights  has  been  regu- 
lated, applies  to  it. 

Mr.  BERRIEN. — I  am  uninformed  of  the  facts  of  this  ease, 
except  in  so  I'ar  as  they  have  been  communicated  by  the  commit- 
tee who  have  examined  the  claim  of  the  petitioners  and  have  unan- 
imously, as  I  understand,  recommended  this  bill.  A  motion  is 
made  to  strike  out  the  enacting  clause  of  the  bill,  and  I  should  be 
very  glad,  if  there  he  any  reasons  why  we  should  act  in  opposi- 
tion to  the  unanimous  recommendation  of  the  committee,  that 
those  reasons  should  be  'stated.  Certainly,  I  must  conform  my 
vote  to  the  reeommendation  of  the  committee  in  the  absence  of 
any  explanation  leading  me  to  a  dill'erent  conclusion. 

Mr.  CAMERON. — It  was  itiy  duty  some  years  since  to  exam- 
ine this  ease,  as  a  member  of  the  Committee  to  whom  it  was  re- 
ferred. I  gave  it  a  good  deal  of  attention,  and  on  that  occasion 
also,  the  Committee  unanimously  recommended  a  bill  in  favor  of 
the  petitioners.  It  has  been  said,  that  this  bill  will  impose  a  tax 
on  ploughs;  but,  it  may  be  said  with  equal  force,  that  every  patent 
imposes  a  tax.  The  improvement  in  this  ease  has  been  great  and 
acknowledged.  It  enhaaees  the  value  of  the  plough,  and  has 
been  of  essential  service  to  the  agriculturist.  The  inventor,  as 
has  been  staled,  did  not  derive  any  benefit  from  it,  and  I  entirely 
agree  in  the  propriety  and  justice  of  making  a  provision  which 
will  secure  for  a  short  time  to  his  descendents,  a  sliare  in  the  ben- 
efil  of  the  improvement. 

Mr.  PHELPS. — I  have  had  the  honor  of  serving  on  one  or  two 
of  the  committes.  which  have  had  this  subject  under  their  consi- 
deration, and  I  recollect  very  well,  that  when  it  first  came -before 
the  committee  some  objections  were  made  to  the  recommendation 
of  such  a  bill.  But.  as  I  am  happy  to  find  from  the  remarks  made 
by  Senators,  these  objections  are  no  longer  pressed.  This  is  a  very 
meritorious  case,  and  clearly  comes  within  the  class  of  applica- 
tions, which  merit  the  interposition  of  Congress,  in  the  maimer 
proposed  by  this  bill. 

Mr.  NILES. — I  wish  to  inquire  of  the  Chairman  of  the  Com- 
mittee, whelher  this  patent  has  been  once  renewed  ? 

Mr.  TURNEY  replied  in  the  aihrmative. 

Mr.  NILES. — I  do  not  know  much  about  this  ease  ;  but  I  have 
generally  felt  it  to  be  ray  duty,  to  oppo.se  this  sort  of  legislation, 
as  being"  a  kind  of  legislation  unjust  to  the  public,  and  which  is  vir- 
tually in  violatitm  of  a  fair  contract,  made  bctwctiwi  the  patentee 
and  the  coiumunity — a  contract,  sir,  by  which  the  former  ought  to  ■ 
be  bound,  and  of  which  the  community  on  the  other  hand,  should 
have  all  the  benefits,  to  which  hy  the  laws  they  are  justly  cntilli'd. 
That  contract  secures  to  the  inventor  the  exclusive  u.se  and  en- 
joyment, or  exclusive  benefit  of  bis  invention,  for  a  period  of  lour- 
teen  years  ;  and  if  that  be  not  sulfieiently,  ample  to  indemnify  hhii, 
then  there  is  a  delect  in  the  law.  Bui  the  law  does  not  stop  there. 
It  authorizes  a  renewal  of  this  exclusive  right,  for  another  period 
of  fourteen  years,  or  seven  years — I  am  not  quite  certain  which. 
I  am  told  that  it  is  for  seven  years,  making  twenty-one  years  dur- 
ing which  the  jiatcntce  is  secured  in  the  exclusive  enjoyment  of 
the  benefit  accruing  from  his  invention.  Now.  if  that  be  not  enough, 
the  evil  should  be  remedied  as  all  general  evils  shoule,  by  general, 
and  not  by  special  legislation.  At  the  .sametime,  I  do  not  say,  but 
that  there  may  be  extreme  eases — and  they  must  he  very  extreine 
cases — which  may  justify  the  setting  aside  of  the  general  law.  Such 
an  extreme  ca.sc  iiiiist  be  onriii  which,  without  any  fault  on  the 
pari  of  the  patentee,  he  has  failed  lo  receive  the  benefit  which 
the  law  was  intended  to  secure  to  him.  In  no  other  case 
would  it,  I  think,  bo  just  towards  the  public  to  give  our  tissenl  to 
any  such  legislation.  Whether  this  is  such  a  case  I  am  not  pre- 
pared to  say,  as  I  have  not  examined  the  subject  so  closely 
as  to  be  able  to  express  any  ojiinion.  If  the  Committee  are  en- 
tirely satisfieil  on  I  heir  part  that  it  is  one  of  those  cases  which  jus- 
tify such  legislation.  1  might  be  disposed  lo  agree  to  their  recom- 
mendation. That  jioint  ought  In  be  made  clear.  Unless  it  be 
made  apparent  that  the  law  has  substantially  failed  lo  secure  to 
the  patentee  the  privileges  which  it  is  designed  to  extend  to  pa- 
tentees, it  is  tpiite  eorlain  that  the  bill  ought  not  to  pass. 

Mr.  TURNEY.— I  think  the  facts  of  thiscase  have  been  fully  made 


January  26. 


JETHRO  WOOD'S  PATE1>JT. 


165 


out,  aiul  jiislify  the  Committee  in  their  icconimendation;  and  in 
this  view  of  liic  subject,  I  am  happy  to  iinil  myself  sustained  by 
the  scntlcrtien  who  have  spoken.  A  report  in  favor  of  these  peti- 
lioni?rs  has  been  made  at  throe  .sessions  of  Congress.  Throuiihout 
the  whole  term  tif  the  patent  and  its  extension  the  patentee  failed 
to  reap  the  benetits  to  which  he  was-legally  entitled,  after  having 
oxhaustcd  his  private  fortune  in  the  work  of  perfecting  his  inven- 
licni  and  in  the  attempt  to  secure  his  rights.  I  am  as  much  op. 
posed  to  the  extension  of  patents  generally,  as  the  Senator  from 
Connecticut  can  be,  or  any  other  gentlemen  on  this  lioor;  but  after 
a  careful  examination  of  the  facts  in  this  case  the  evidence  appears 
to  my  mind  to  be  entirely  conclusive  in  its  character,  in  the  es- 
tablishment, lirst,  that  this  invention  is  one  of  immense  value  to  the 
community;  and,  secondly,  that  the  inventor  received  no  benefit 
from  it,  but  that  on  the  contrary,  the  whole  of  his  private  fortune 
was  exhausted  in  the  cdbrt  to  relieve  himself  from  the  embarrass- 
ments which  resulted  in  the  ettbrl  to  establish  his  right. 

Mr.  JOHNSON  of  Loiusiana,  remarked  that  he  had  assented 
to  the  taking  up  of  this  bill,  on  receiving  the  assurance  that  it 
would  not  lead  to  discussion.  Already  a  considerable  portion  of 
the  morning  hour  had  been  exhausted,  and  he  therefore  felt  him- 
self constrained  to  ask  that  it  be  passed  over  informally,  if  it  should 
not  be  postponed. 

Mr.  NILES  inquired  whether  the  bill  made  any  provision  for  as- 
signees. 

Mr.  TURNEY  replied,  that  there  were  no  assignees.     The  pa- 
tentee had  formed  a  corine.xion  with  certain  parties  who  refused  to 
render   any   account  whatever  of  the  sales  which  they  had  made, 
anil  that  was  one  reason  why  he  had  failed  to  reap  the  benefit  to  . 
which  he  was  entitled. 

Mr.  STURGEON.— I  would  ask  the  Chairman  of  the  Commit- 
tee whether  it  is  intended,  that  the  benefit  which  it  is  proposed  to 
extend  by  this  bill,  shall  accrue  exclusively  to  the  heirs  of  Jethro 
Wood  ?  There  has  beon  some  doubt  in  my  mind  about  this  bill  ; 
and  the  dilfieulty  has  been  increased  by  a  fact  which  came  to  my 
knowledge  some  time  since  in  Pittsburg  in  conversation  with  persons 
engaged  in  the  manufacture  of  the  iron  work  of  these  ploughs.  I 
was  informed  by  one  of  these  persons  that  agents  of  the  patentee 
had,  whether  rightfullv  or  wrongfully,  extorted  from  them  some 
six  or  eight  thonsan^^ dollars  for  the  privdege  of  casting  the  iron. 
Some  of  the  manufacturers  refused  to  comply  with  the  demands  of 
these  agents.  I  am  not  able  to  say  whether  they  were  bona  fide 
agents  of  the  patentee  or  not,  but  I  should  like  some  explanation 
with  regard  to  the  subject  before  I  vote  upon  this  bill.  It'  the  be- 
nefit is  to  accrue  exclusively  to  the  heirs  of  Jethro  Wood,  I  am 
disposed  to  acquiesce  in  the  recommendation  of  the  Committee. 

Mr.  WESTCOTT  remarked  that  he  had  opposed  the  bill  form- 
erly  reported,  but  had  no  objection  to  the  ])res(?nt  bill,  inasmuch  as 
it  was  not  Uable  to  the  objections  which  he  had  entertained  against 
the  former  one.  He  agreed  with  the  Senator  from  Connecticut  as 
to  the  imjjoliey  of  renewing  patents;  but,  as  that  gentleman  had 
remarked,  there  were  oases  in  wdiose  favor  an  exception  might 
properly  be  made.  The  present  he  believed  to  be  one  of  those 
cases. 

Mr.  ALLEN. — I  wish  to  make  a  few  remarks  on  this  bill. 
There  is  one  decisive  answer  to  all  the  arguments  which  I  have 
heard  advanced  in  its  favor  ;  and  it  is  this  :  If,  with  the  law  on 
their  side,  these  people  have  been  unable  to  make  anything  out  of 
this  invention,  how  will  they  be  enabled,  by  having  the  law  con- 
tinued on  their  side,  to  realize  any  profit  from  it  ?  We  are  told, 
that  although  for  twenty-one  years  this  (latentee  has  been  guard- 
ed by  the  law,  he  has  yet  failed  to  realize  profit  from  his  inven- 
tion. How,  then,  I  would  ask,  do  you  propose  to  change  this  state 
of  things  by  the  passage  of  this  act  '.  We  are  told  that  all  the 
wrongs  of  these  meritorions  people  have  been  the  result  of  the 
bad  choice  of  agents  ;  but  surely  it  cannot  be  pretended  that 
this  is  a  state  of  things  for  which  a  remedy  can  be  provided  by 
law.  If  we  undertake  to  redress  such  grievances.  I  think  we  are 
likely  to  sit  here  iimeh  longer  than  the  usual  jieriod  of  the  long 
session.  These  are  misfortunes  for  which  acts  of  Congress  can 
provide  no  remedy.  Has  not  that  been  proved  clearly  enough  in 
this  very  case  itself  ?  Here  we  have  had  an  act  of  Congress  ex- 
isting for  twenty-orto  years,  and  yet  wholly  inadequate  to  prevent 
the  evils  which  have  be«n  in  fact  the  result  of  the  indiscretion  of 
the  persons  themselves.  But  there  is  another  view  of  the  subject. 
The  Constitution  authorkes  Congress  to  secure  for  a  limited  term 
the  absolute  and  exclusive  use  of  certain  inventions  to  the  inventors. 
This  is  all  right.  But  why  was  not  the  exclusive  right  made  per- 
petual >  For  the  plain  and  obvious  reason  that  it  would  be  con- 
trary to  the  general  interests  of  the  community,  if  an  unlimited 
monopoly  were  thus  given  in  inventions.  There" must  bo  a  periotl 
put  to  the  enjoyment  of  this  exclusive  right.  The  right  of  every 
inan  in  the  community  to  copy  an  idea  which  one  man  conceived, 
is  suspended.  You  have  no  right  to  give  a  piece  of  iron,  a  given 
form,  for  twenty-one  years,  because  A  alone  must  give  it  tliat  i'orni, 
and  you  have  no  right  to  copy  A's  idea  in  iron,  it  is  a  restraint 
upon  the  whole  community,  from  which  they  must  be  released  as 
soon  as  may  be  consistent  with  the  rights  of  the  individuals 
who  have  had  the  good  fortune  first  to  conceive  the  idea.  It 
is  the  fate,  sir,  of  inventors,  to  die  unrewardccl  by  then- 
inventions.     It   is  the  fate,   in   every  age,  of  the  senilis  which 


bestirs  itself  in  the  investigation  of  those  secret  principles  of 
nature  or  of  art,  to  die  unrequited.  Acts  of  Congress  camiot 
change  it.  We  may  not  impose  a  penalty  upon  the  country  in  or- 
der to  elfcct  a  change  in  this  apparently  unavoidable  destiny  of  in- 
ventors. This  bill  pro|)oscs  nothing  more  nor  less  than  to  impose  a 
tax  upon  every  plough  made  under  ihis  patent  in  the  United  States. 
That  is  the  amount  of  it.  And,  sir,  we  are  asked  to  impose  this 
tax  of  fifty  cents  upon  each  of  these  'ploughs  by  the  very  same  ar- 
guments by  which  we  are  informed^that  all  these  fifty  cents  hither- 
to iuiiftoseil,  have  been  snatched  from  the  rightful  owner  by  dishon- 
est agents.  Wo  arc  asked  to  tax  the  users  of  these  plou"hs,  not 
for  the  benefit  of  the  inventor,  because  we  arc  told  that  the  law 
has  hitherto  failed  to  secure  to  him  the  proceeds  of  his  invention 
but  for  the  benefit  of  those  who  for  twenty-one  years  have  beon 
committing  these  frauds  upon  the  inventor.  I  do  not,  then,  sec 
any  just  ground  on  wliii'h  we  can  proceed  to  impose  this  tax  ii|ioh 
the  farming  interests  of  the  country. 

Mr.  TURNEY. — I  can  assure  the  gentleman  from  Ohio  that 
there  is  no  ground  for  his  apprehension,  that  the  benefit  of  this 
bill  will  not  accrue  to  the^lici.s  of  the  inventor.  The  rights  of  the 
patentee  have  been  established  by  the  decision  of  the  Supreme  Court, 
ami  the  extension  of  the  patent  right  for  the  short  period  proposed 
by  the  bill  will  be  of  more  value  than  it  was  during  the  whole  of  the 
two  terms  which  it  has  existed.  I  may  take  this  opportunity  of  re- 
marking, that  our  patent  haws  seem  to  require  some  revision,  in  order 
more  eflbctually  to  secure  the  benefits  of  their  inventions  to  inven- 
tors. The  gentleman  from  Ohio  is  not  strictly  correct  m  dcsigina- 
ting  this  as  a  tax  on  ploughs.  Every  pcrchaser  will  have  his  choice, 
and  if  the  ploughs  made  under  this  patent  are  enhanced  in  value 
in  consequence  of  the  improvement,  it  is,  I  think,  reasonable  that 
the  inventor  should  have  the  benefit  of  it. 

Mr.  DAYTON  remarked,  that  this  was  rather  a  small  matter 
on  which  to  j_u-iginatc  a  debate.  The  subject  had  been  examined 
by  three  committees,  dillQ|-ently  constituted,  and  all  had  reported 
unanimously  in  favor  of  a  bill  for  the  relief  of  the  petitioners. 

The  question  was  then  put  on  the  motion  to  strike  out  the  en- 
acting clause  of  the  bill. 

The  yeas  and  nays  being  demanded  by  Mr.  Allen,  were  or- 
dered, and  taken,  with  the  following  result  : 

YEAS.— Messre.  Allen,  Aslitey,  Ati^Iiison,  B;4.'t>y.  B.-ilctwin,  Benton.  )tjrec>c. 
llriglit,  ('ass,  Douglas,  Downs,  I'eldi,  Ilannegan,  Niles,-S:i()ruajice,  anit  Slurgcon — 
Hi. 

NAYS. — Messrs.  AtiiPrton,  B:uI;:Pr.  liell,  Rerrien.  Rntlpr.  (Ailliniin,  Cameron, 
('lurlie.  Corwin,  Davi.-,,  ol'Mississiiilii,  llaylon,  l)ix.  Fnote.  Gr«H'ne.  llnnston.  Jotin- 
son.  of  liOuisiaiia.  Manfium,  Mason,  .Miller,  .Moor,  I'earce,  riicl|i-,  Rusk,  Tniney, 
Underwood,  and  WesleoU — -ti, 

So  the  motion  to  strike  out  the  "enacting  clause  of  the  bill  was 
lost. 

Mr.  BALDWIN  then  offered  the  following  amendment  : 

Strilie  outtlie  words  "exelusive  of  all  assignees  and  licences." 

Mr.  WESTCOTT  briefly  opposed  the  amendment. 

Mr.  BALDWIN  remarked,  that  he  had  offered  the  amendment 
in  orilcr  to  protect  the  rights  oi"  assignees,  and  was  proceeding  to 
explain  more  fully  the  objects  of  the  amendment;  when 

Mr.  ALLEN  suggested  that,  as  the  time  had  arrived  for  taking 
up  the  special  order,  and  as  the  discussion,  now  involving  a  le*ral 
point,  was  likely  to  be  protracted,  the  bill  should  be  passed  over 
informally. 

The  bill  was  then  passed  over  informally. 

NOTICE    OF    A    BILL. 

Mr.  BENTON.— The  taking  up  this  bill  upon  its  merits  dur- 
ing the  time  allowed  for  morning  business  prevented  me  from 
giving  notice,  sir,  at  the  proper  time,  of  my  intention  to  introduce 
a  bill  to-morrow;  and  I  am,  therefore,  under  the  necessity  of  en- 
croaching, to  the  extent  of  a  quarter  of  a  minute,  upon  the  time 
which  belongs  to  the  gentleman  from  New  York.  I  wish  to  give 
•  notice,  that  on  to-morrow,  I  shall  ask  leave  to  introduce  a  bill  to 
amend  the  65th  and  iJIst  of  the  ''Rules  and  Articles  of  War,''  in 
relation  to  the  jiractiee  befor5  t;ourts  martial  and  courts  of  impiirv 
in  the  army  of  the  United  States. 

L-IND     PATENTS. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  ou  Private 
Land  Claims,  to  whom  was  referred  the  bill  for  the  issuing  of 
patents  in  a  certain  class  of  cases,  and  for  other  purposes,  report- 
■cd  it  with  amendments. 

E.'iTE-NSION    OF    M.iRiriME    jnBISDICTIO.V. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  bill  to  amend  the  act  entitled  "An  act  extending 
the  jurisdiction  of  the  district  courts  to  certain  cases  upon  the 
lakes  and  navigable  waters  connecting  the  same,''  a]iproverl  the 
26th  of  February,  1845,  reported  it  with  an  amendment. 

WILLI.\M    H.    BASSETT. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  petition  of  William  H.  Bassett.  late  marshal  of 
the  United  States  for  the  western  district  of  Louisiana,  submitted 
an  adverse  report,  which  was  ordered  to  be  printed. 


166 


THE  TEN  REGIMENT  BILL. 


TKN   REGIMENT    BILL. 

The  Senate  rcsimicd   the  considcnitioii  of  ilie  bill  lo  niiso   for  a 
limited  time,  an  additional  inililary  Ibrce.  ' 

Mr.  DI.X.— Mr.  President:  It  war*  my  wish  to  address  the  Senate 
on  the  rcsohitions  ollored  l,y  the  Senator  from  South  Carolina  fMr 
Cvi.HOUN,)  and  not  on  thi.s  hill.  I  .should  have  iircforreil  to  do'so  he' 
cause  I  am  alwuy.s  unwilling'  to  delay  action  on  any  measure  reli 
tins  to  the  war,  and  beoaiisc  the  res.di.tions  alii.rd  a  wider  field 
lor  inriniry  and  diseussion.  li„t  as  the  .Ichatc  has  become  "enoril 
an(  extended  to  almost  every  tojiic  that  can  well  be  intmdii.-fd 
iinclcr  either,  the  lorcc  of  the  considerations,  by  which  I  hue  |„.cri 
inllucnccd,  has  become  so  weakened  that  I  have  not  thou.'dit  it  ne 
eessary  to  defer  lon<;er  -what  I  wish  to  say.  "^ 

Two  leadinnrfiuc.itions  divide  and  a;?itatc  the  public  mind  in  re 
spect  to  the  liiture  conduct  nl'  the  war  with  Mexico.     The  first  of 
these  (lucstioiis  is  :  Shall  we  withdraw  our  forces  from  the  Mcxi 
can  territory,  and    leave  the   subj.^ct  of  indemnity  for  injuries   and 
the  ad|ustmciit  id  a  boundary  betw.:en  the  two  republics  lo  future 
iiei,'otiation,  relyiny  on  a  ma-nanimons  course  of  eonduci  tui   our 
jiarl  to  produce  a   corresponding  feeling  on  the   rjart  of  Mexico  > 
Ihcrear.!  other  propo.sitions,  subordinate   to  this,  which  inav  be 
considered  a.s  jiarls  ol  the  same  seucraKseheme  of  jiolicv   s,,,.),  as 
that  of  witlidrawnijr  Irom  the  Mexican  capital  and   ihe'  m tenor 
districts  and  assuming  an  exterior  line  of  occupation.     I  shall  an 
ply  to  all  these  iiropositions  the  same  aryuincnts;  and  if  I  were 
to  undertake  to  distm<ruisli   between  them,  I  am   not  sure- that  1 
should   make  any  diUercnce  in   the   force  of  the  application.     For 
whether  we  wn  .draw  Irom  Mexico  altogether  or  t.ake  a  defensive 
line,  which  shall  luelLide  all  the  territory  wo  intend  lo  hold  perma- 
nently as  iiidommly,  the  consequences  to  result  11-om  it, so  lar  -is  thev 
afleet  the  .luestion  ol  peace,  would,  it  appears  to  lue.  be  the;  same 
1  he   se,:ond  .piestn.n   i.s  :  Shall  we   retain  the  po.sses.sion  of  the 
territory  we  have   aeipured  until  Mexico  shall  consent  to  make  a 
treatyol   peace    which  shall  provide  ample  compensation  for  the 
wroiijisol  wueh  weeomplaiii,aud   .settle  lo  our  .sati-sfaction  the 
boiiiulary  iii  <lisputo  ? 

Kcfjardin- these  ([uestions  as  involvinnr  the  permanent  welfare 
ol  Ik-  country,  I  have  considered  them  with  the  areatest  s.dicitml  ■• 
and  Ihouah  never  more  profoundly  impressed  with  a  sense  „|-  il,u 
responsibility  which  belon-s  to  the  solution  of  problems  of  s„ch 
magnitude  and  dillicully . my  lencctions  have,  nevertheless,  led  me  to 
a  clear  ami  settled  conviction  as  to  the  enursc,  which  justice  and  iml 
ley  seem  to  indicate  and  demand.  The  lirst  question,  in  itself  of 
the  highest  importanee,  has  been  answered  affirmatively  ou  this 
door,  and   it  deriv(:s  adduionni  inin....„f   r .i..,    .■     .    .,  ■'    .     .    " 


[  Wednesday, 


rioor,  and   it  derives  additional  interest  from  the   fa<-t   that  it"  Ins 
also  been  an.swercd  in  the    allirmalive  by  a  statesman  nowrctired 
Irom  the  busy  scenes  ol  political  life,  who,  from  his  talents   exne 
nence   and    public   services,  juslly  commands  the   respect  of   his 
countrymen    and  vvhose  opinions,  on  any  subject,  arc  entitled  lobe 
weighed  with  candor  and  deliberation.     I  have   endeavored   to   a 
tribute  to  his   opinions,  and  to  those  of  others  who  coincide  with 
Inm  wholly  or  in  part,  all  the  importance  which   belon<Ts  to  ihcm 
and  to  consider  them  with  the  deference  due   to  tlie  di"stin.nushcil 
sources  from  whi,,-h    I  hey  emanate.     I  believe  I  have  ilone  ^orand 
yet  I  have,  alter  the  fullest  reneetim,    come  lo  conclusions  totally 
ddlerent  Inun  theirs.     I  believe  it  would  be  in  the   hi.rhest  derrreo 
unjust  to  ourselves,  possessing,  as  we  do,  well  iounded  claims"  on 
Mexico,  to  withdraw  our  forces  from  her  territory  altcrcther-'  and 
exceedingly  unwise    as  a  matter  of  policy,  looking  to  the  lutur'c  'no. 
htical  relations  ol  the  two  countries,  to  withdraw  from  it  partially 
and  assume  a  line  ol  ,lelcn<-e,  without  a  treaty  of  peace.    On  the  eon 
trary,  I  am  in  layer  ol  retaining  possession,  for  the  present    of  all 
we  have  ae.pured    not  as  a   permanent  conquest,  but  as  the   most 
ellcctive  means  ol  bringing  about— what  all  most  earnestly  de«ire-- 
a  restoration  ol  peace  ;  and   I   wiU,  with   the  indul-enco  of  the 
Senate,  proceed  to  state,  with  as  much  brevity  as    the  magnitude 
ol  the  .subject  admits,  my  objections  to  the  course  sH<To-ested  by  the 
hrst  .piestion,  and  my  reasons  in  favor  of  the  course''s'uno.c,t/d  bv 
the  other.  "=  '        "J 

I  desire,  at  the  outset,  to  state  this  proposition,  to  the  Irutl,  ^r 
which,  I  think  all  will  yield  their  assent:  that  no  pd?cy  wh  ™doe1 
not  carry  with  it  a  rea.sonable  assurance  of  healing  the  dissemions 
dividing  the  two  countries,  and  of  restoring,  perinatient  y  Im  c"! 
bh:  relations  between  them,  ought  \o  receiyo'  our  suppo.'t  We 
may  di  Icr  in  opinion,  and  perhaps,  hopelessly,  as  to  tla.  metsnres 
best  calculated  to  pro.bice  tins  result;  but  if  it  were  po.ssible Z  us 
to  come  to  an  agreement  in  respect  to  them,  the  pro  n-iety  of  their 
adoption  could  scarcely  admit  of  controversy.  This  pronosition 
bemg  concedial,  as  I  think  it  will  be,  it  follows  that  i  ,lfeZ"a^^e 
proposed-to  withdraw  our  forces  from  ftfexieo-be  not  eak-uK  ed 
o  bring  about  a  speedy  and  permanent  neaee;  but,  on  tl  c'comrary 
il  It  be  rather  calculate,  to  ,,pen  a  lield  -of  don icstic  dissenX^n' 
anri  possibly  of  external  interlerenee,  in  th;,l  <listr-iefn,l  ,T  ,  .  ' 
be  pillowed,  in  all  probability,  by  a' renewlu' o^^tSilit^ 
with  lis  and  under  cireumstanees  to  make  us  feel  severely  tic  loss 
ol  the  advantage  which  we  have  gained,  and  which  it^  pi  m^^^^^^ 
voluntarily  to  surrender,  then,  it  app.-ars  to  me.  it  can  ,  r '■  e  tT 
claim  to  our  liivorable  consideration.  1  shall  endeavor  to  "l  ow 
belore  I  sit  down,  that  the  poli.y  referred  to  is  exposed  to  all  he  e 
dangers  and  evils.  '       "'"•'huksc 

I  do  not  propose  to  enter  into  an  examination   of  ibe  ori.-in   nP 
the  war.     l-rom  the  moment  the  collision  took  place   hetweei    on, 
forces  and  these  ol  Mexico  on  the    Uio   Grande!   I    .■onsideVe       ' 
hopcol    an  accommodation,  without  a  full  trial  of  sircngtb  in   the 
hold,  to  be  out  of  the  question.     I  believed  the  peculiar  elnr'ie  « 


of  the  Mexicans  wouhl  render  any  .sticl'i  hope  illusive.  Whether 
that  collision  was  produced  in  any  degree  by  our  own  mistakes,  or 
whether  the  Nvar  u.sell  was  In-ought  about  by  the  manner  in  which 
re.xas  was  annexed  to  the  Union,  arc  questions  I  do  not  luoposc 
o  discuss  now;  and  ,f  it  were  not  too  late,  1  would  submit  wlfelh! 
cr  the  discussion  could  serve  any 'other  purpo.^c  but  to  exhibit 
divided  <.ouncils  to  <n,r  adversary,  and  to  inspire  him  with  the  hope 
ol  obtaining  more  favorable  terms  of  peace  by  protracting  his  resist! 
ante.  J\o  one  can  be  le.<s  disposed  than  myself  to  abridire,  in  any  de- 
cree the  legitimate  boundaries  of  discussion.  But  I  am  not  dispWd 
to  enter  mo  such  an  inycstigation  now.  The  urgent  concern  is  to 
know,  not  how  the  war  originated,  not  who  is  responsible  for  it .  but  in 
what  manner  it  can  be  brought  to  a  speedy  and  honorable  termination" 
whe  hei  as  some  sui.pose,  we  ought  to  retire  from  the  field,  o^ 
whether,  as  appears  to  me,  the  Only  hope  of  an  accommodation 
lies   n  a  firm  and  determined  maintcnanee  of  our  position 

Ihe  probable  consequence  of  an  abandonmtuit  of  the  advanta- 

riSr';,K?n';  """""'  '"7  ''^ ''.^'"'^'-  <"Hlei-stood  by  seeing  what 
those  advan  ages  are.     1  speak  in  a  military  point  of  view.   While 

con";;:;^™  ,7"^  '"  '■'^'""'"■^  '^'^''™  -  -^V  inn  then  m!d^ 
consideiatioii.  I  h.ad  occasion  to   st.ate   that  the  whole  of  northern 

,,,"l'r!   "c    '■"■.""""'  "■■*  "i'^  """'H'  "(  'I'C  Rio  Grande  and  the  2fitli 
i,  ;     ,1     ,1  •    ,      r  V  """■'">'  in  ""■•  possession,  cmiprehendin- 

;  1,7?;  "l',"'  "'"  'T'''''^  ''"'"''  '•''•I'"''"'^^  and  about  one" 
tcilhol  ,t.sii,liabitams.  Our  acquisitions  have  since  been  a„-. 
men  ed  by  the  reduction  ol  Vera  Crux,  and  the  Castle  of  San  Jmm 
•  eUlua    the  capture  ol  Jalapa,    Pcrotc,   and    Puebla.  the  snrren- 

Vera  fvl?.  "v^  U  ^^"T^i  "'"'  ^'"=  '"-''"P'^li""  «f  ll"-«e  Slates  of 
\e  a  Ciiiz  Puebla  and  Mexico,  with  nearly  two  millions  and  a 
nau  ol  souls.  It  IS  true,  our  forces  have  not  overrun  every  nor- 
lonol  the  territory  of  those  States;  but  their  chief  town/ ijavc 
liccii  reduced,  the  military  forces  which  defended  them  captured  or 
d.spersed,  their  <av,l  .authorities  superseded,  their  eajiital  occupied, 
and  the  whole  machinery  ol  government  within  the  conquered 
States  virtually  translerred  to  our  hands.  All  this  has  been  achie- 
ved with  an  army  at  no  one  period  exceeding  iiltcen  thousand  men 
iind  against  lorccs  Iroin  three  to  fivo  times  more  numerous  than 
those  actually  engaged  on  our  side,  iu  every  conllict  since  the  fall 
ol  Vera  Cruz. 

i  had  occasimi    on  iiresenting  some  army  petitions  a  few  weeks 
ago,  to  relor  to  the  brilliant  successes  by  which  these  acquisitions 
were  made;  and  I  will  not  trespass  on  the  attention  of  the  Senate 
by  repeating  what  I  said  at  that  time.     But  1  cannot  forbear  to 
sa_y,  that  there  is  a  moral  in  the  contest,    the  cllcct   of  which    is 
,     not  likely  to  be  lost  on  ourselves  or  others.     At  the  call  of  their 
ccmntry  our  peopM  have  literally  rushed  to  arms.     The  emulation 
Jias  been  to  he  received  into  the  service,  not  to  be  excused  from  it. 
Individuals    roin   the  plough,   the  counting-house,  the  law-oflice, 
and  the  work.shop   have  taken  the  field,  braving  inclement  seasons 
aim  inbospitable  climates  without  a   iimrmur;   and.  thou-li  wdiolly 
unused  to  arms,  withstanding  the  most  destructive 'fire,  a"nd  storm- 
ing batteries  at  thepomt   of  the   bayonet  with  the  coolness,  intre- 
pidity,  and  spirit  of  veterans.     I   believe  1  may  safely  say,  there 
lias  been  no  parallel  to  these  achievements  by  un.li.sciplined  Ibrces 
since  the  I-reiich  revolution.     I  am  not  sure   that  history  can  fur- 
ni.sh  a  parallel      A.s  to   the  regular  army,  we  always  expect  it  to 
bo  gallant  and  heroic,  and  we  are  never  disajipoiuted.     The  wh-dc 
conduct  of  the  war  in  the  lield,  has  exhibited  the  highest  evidence 
ol  our  military  capacity.     It  confirms  an  opinion 'l  have  always 
Jicid— that  :i  .soldier  is  formidable   in  ratio  of  the   importanee  he 
enjoys    in   the   orier  of  the   political  .system,   of  which  he  is  a 
part.     It  establishes   another    po.sition   of  vital  importance  to  us- 
iha  ,  under  the  protection,  ol  our  militia  system,  the  country  may 
at  the  termination  of  every  contest,   lay  aside  the   more  massive 
and  burdensome  jiarts  of  its  armor   and  become  prepared     with 
dan-ir ''''"'''''''    ^^ '''■''!. '^^''^'''''^"''''y'  '""'■  s^-'^'^^ding  scenes  of 
Mr.  President,  the  political  condition  of  Mexico  has  been  "rad- 
ual  y  approaching  a  dissolution  of  all  responsible  government"  and 
ol  llie  civil  order,  which  constitutes  her  an  indciiendent  state    Tliis 
lamentable  situation  is  not  the  Iruit  alone  of  our  military  successes 
1  he  factions,  by  which   that  country  has  been  distracted    each  in 
turn  gaining  anil  mamlaining  a  temporary  ascendency,  and  often  bv 
brute  force,  lie  at  the  foundation  of  the  social  and  pofiiical  di^oidiu 
which  has  reigned  there  for  the  last  twenty  years.     To  most  of  the 
abuses  of  the  old  colonial  system  of  Spain,  she  has  superadded  the 
ovi  s  of  an  unstable   and  irresponsible  government.     "Irhe  military 
bodies,  which   have  been  the  instruments  of  those,  who  have  thus 
in  sueeession,  gained  a  brief  and  precarious  control  over  her  aflairs 
though  dLsperscd    still   exist,  ready  to  be  reunited  and  to  renew 
the  anarchy,  which  we   have  superseded,' for  the  time   beinn-   by  a 
military  government :  and  this  brings  me  to  the  lirst  "reat^objec- 
tion  to  the  proposition  of  withdrawmg  our  arnries  from  the  field 

1  have  already  said  that  no  policy  can  deserve  our  support,  which 
docs  not  hold  out  the  promi.se  of  a  durable  peace.  Nothin.r  seems 
to  me  more  unlikely  to  secure  so  desirable  a  result,  than  an  aban- 
Oonment  ol  Blexico  by  us  at  the  present  moment  without  a  treaty 
Icaying  behind  a  strong  feeling  of  animosity  tovvards  us.  withparlr 
divisions  as  strongly  marked,  and  political  animosities  as  rancorous 
perhaps  as  they  have  been  at  any  former  period.  Even  when  her 
capital  had  lalleii,  humbled,  and  powerless  as  she  was,  party  lea- 
ders instead  ol  consiUting  for  the  common  good,were  seen  stru"<^!in" 
with ^ach  other  tor  the  barren  see)Ure  of  her  authority.  6m-  re° 
iremcnt  a.s  enemies  would,  in  all  probability,  be  the  signal  for  in- 
estine  conniets  as  desperate  ami  sanguinary  as  those  in  which 
liiey  have  been  engaged  with  us— conllicts  always  the  most  disas- 


January  26.] 


THE  TEN  REGIMENT  BILL. 


167 


trous  for  the  great  body  of  the  Mexican  people,  for  on  what  side 
soever  fortune  turns,  they  are  certain  to  be  the  vietims.  You 
know,  sir,  there  are  two  great  parties  in  Mexico,  (I  pass  by  the 
minor  divisions,)  the  "fcderalistas"  and  "centralistas."  The 
forraerj  as  their  name  imports,  are  in  favor  of  the  federative 
system  ;  they  are  the  true  repubhcan  party.  Wttli  us  in  form- 
times,  the  terms  federal  and  rej)ubliean  design  ated  different 
parties.  In  Mexico  they  are  both  employed  to  designate  tlie  friends 
of  tlie  federative  system.  The  centralisls  ara  in  favor  of  a  con- 
solidated government,  republican  or  monarchical  in  form,  and 
are  composed  of  the  army,  tlie  clergy,  and  I  suppose  a  small  jior- 
tion  of  the  population.  I  believe  our  only  hope  of  obtaining  a  du- 
rable peace,  lies  in  the  firm  establishment  of  the  federal  party  in  pow- 
er, the. party  represented  by  Herrcra,  Anaya,  Pena  y  Perta,  Cam- 
plido,and  others,  I  understand  Herrcra  has  been  elected  President  of 
the  Republic;  and  this  is  certailny  a  favorable  indica!ion.  Butun- 
fortunatelj'  I  fear  this  parly  would  not  succeed  in  maintaining  it- 
self, if  Mexico  were  left  to  herself  at  the  present  moment  with  an 
embittered  feeluig  of  hostility  towards  tis.  The  military  chiefs,  who 
controlled  the  army  and  who  might  rally  it  again  for  political 
uses,  if  we  were  1o  retire  vyithout  a  treaty,  aie  for  the  most 
part,  enemies  of  the  federative  system  and  conservators  of  the 
popular  abuses,  to  which  they  owe  their  wealth  and  importance. 
Nothing  could  be  more  unfortunate  for  Mexico  than  the  re-estab- 
lishment of  these, men  in  power.  It  would  bring  with  it  a  hope- 
less perpetuation  of  the  anarchy  and  oppression,  which  have 
given  a  character  to  their  supremacy  in  past  years — a  supremacy, 
without  a  prospect  of  amelioration  in  the  condition  of  the  Mexi- 
can people — a  supremacy,  of  which  the  chief  variation  has  been 
an  exchange  of  one  military  despot  for  another. 

Cahunitons  as  the  restoration  of  this  jiarty  to  their  former  ascen- 
dency would  be  for  Mexico,  it  would  hardly  be  less  so  for  us. 
Relying  on  military  force  for  their  support,  their  ])olicy  would  be  to 
continue  the  war  as  a  pretext  for  maintaining  the  army  in  fi.ll 
strength,  or,  at  least,  not  to  terminate  it  till  })cace  would  ensure 
their  own  supremacy.  It  is  believed  that  these  considerations  have 
been  leading  motives  in  the  resistance  they  have  opposed  to  us. 
It  is  true,  the  repuljiican  parly  has  been  equally  hostile,  so  far  as 
external  mdiealions  show  ;  but  the  fact  is  accounted  for  by  their 
desire  to  see  the  war  continued  until  the  ariiiy  and  its  leaders,  the 
great  enemies  of  the  federative  system,  are  overthrown.  Undoubt- 
edly, the  obsrtnate  refusal  of  Mexico  to  make  pe.ace  may  be  very 
properly  referred  to  the  natural  exasperation  of  every  people, 
whose  soil  is  invaded  ;  but  iherc  can  be  little  doubt  that  it  has 
been  inlluenccd,  in  no  inconsiderable  degree,  by  ('onsiderations 
growing  out  ol  party  divisions,  and  the  jealousy  and  animosities 
to  which  those  divisions  have  given  rise.  My  conlidenec  in  our 
ability  to  make  an  amicable  arrangcUKUit  wn'th  the  federal  party, 
if  it  were  in  undisputed  possession  of  the  government,  arises  from 
the  belief  that  their  motives  are  honest — that  they  have  at  heart 
the  public  welfare — and  that  they  must  .';ee  tlierc  is  no  hope  for 
Mexico  but  in  a  solid  jicace  with  us.  My  utter  distrust  of  the  cen- 
tralists arises  from  the  belief  that  iheir  objects  are  selfish,  and 
that  to  accomplish  them,  they  would  not  hesitate  to  sacriliee  the 
liberties  of  the  people  and  the  prosperity  of  the  country.  But 
whether  I  err  in  these  views  or  not,  I  feel  quite  confident  I  do  not 
err  in  believing  that  if  our  armies  were  to  be  withdrawn  from 
Mexico,  without  a  peace,  the  flames  of  civil  discord  would  be 
rekindled  in  liiat  imhappy  country,  and  burn  with  redoubled  vio- 
lence. I  should  greatly  fear  that  the  military  chiefs  would  suc- 
ceed in  re-establ.shing  their  ascendent^y,  and  that  no  probable 
limit  could  be  assigned  to  the  duration  of  the  war.  If  I  am  right, 
our  true  policy  is  to  stand  firm,  .and  if  possible,  united,  until  wiser 
counsels  shall  prevail  in  Mexico,  and  a  disjiosition  shall  be  shown 
to  come  to  an  amicable  iu'rangement  with  us  on  reasonable  terms. 

The  objection  I  have  stated  to  the  proposition  of  withdrawing 
our  forces  from  Mexico,  concerns  only  the  relati<nis'  which  now 
exist,  or  may  exist  hereafter,  between  tlie  two  eounlries.  If  there 
were  no  other  objection,  the  question  might  be  decided  npon  con- 
siderations touching  only  their  domestic  interests  and  their  mutual 
ri  gilts. 

But  I  come  to  the  second  objection — one  perhaps  of  graver  im- 
port than  the  first,  because  it  supposes  the  possibility,  if  not  the 
probability,  of  an  iuterferenco  in  her  alFairs  by  other  countries,  if 
we  were  to  retire  without  a  treaty  and  without  commercial  ar- 
rangements, which  it  would  be  in  onr  power  to  enforce.  The 
President  alluded  to  the  subject  in  his  annual  message  at  the  open- 
ing of  Congress,  and  expressed  an  a)qircliension  of  danger  from 
that  source.  I  participate  in  it.  I  shall  assign  the  grounds  on 
which  it  rests  ;  and  I  only  regret  that  in  stating  them  with  the 
minuteness  necessary  to  make  them  fully  understood,  I  shall  be 
compelled  to  draw  much  more  largely  than  I  desire  on  the  pa- 
tience of  the  Senate. 

S(Miators  are  doubtless  aware  tli.at  the  right  of  intervention  in 
tlie  atfairs  of  this  continent,  was  formally  asserted  in  the  French 
Chamber  of  Deputies,  in  the  year  184.5,'  by  M.  Guizot.  Minister 
of  Foreign  Ati'airs,  as  the  organ  of  the  government  of  France. 
He  regarded  the  great  powers  on  this  continent  as  divided  into 
three  groups,  namely  :  Great  Britdin,  the  United  States,  and  the 
States  of  Spanish  origin  :  and  he  declared  that  it  belonged  to 
France  "to  protect,  by  the  authority  of  her  n.imc,  the  independ- 
ence of  States,  and  the  equilibrium  of  the  great  political  forces  in 
America.''  To  this  declaration  I  have  thought  it  not  out  of  place, 
in  connexion  with  the  subject  under  discussion,  to  call  the  attention 
of  the  Senate — not  for  the  jiurpose  of  undertaking  the  formal  refu- 
tation, of  which  I  think  tlic  vholo  doctrine  of  intervention^  a?  4t 


has  been  practically  enforced  in  Europe,  is  clearly  susceptible — 
but  for  the  purpose  of  denying  it  as  founded  upon  any  well  estab- 
lished principles  of  international  law,  and,  if  it  had  such  a  founda- 
tion, of  denying  its  applicability  to  the  political  condition  of  this 
continent.  To  enter  fully  into  the  examination  of  this  important 
subject  would  require  more  time  than  it  would  be  proper  Jbr  nie 
to  devote  to  it.  I  propose  only  to  pass  rapidly  over  a  few  of  the 
principal  considerations  it  suggests. 

The  declaration  of  M.  Guizot  was  the  first  public  and  official 
intimation  \>y  a  European  government,  of  an  intention  to  interfere 
with  the  political  condition  of  the  independent  communities  on  the 
continent  of  America,  and  to  influence  by  moral,  if  not  by  physical, 
agencies,  their  relations  to  each  other.  And  if  it  had  been  pre- 
sented in  any  other  form  than  that  of  an  abstract  decdaration,  not 
necessarily  to  lie  followed  by  any  overt  act,  it  would  have  be- 
hooved us  to  inquire,  in  the  most  formal  manner,  whether  this  as- 
serted right  of  interposition  derived  any  justification  from  the 
usages  of  nations,  or  Irom  the  recognized  principles  of  interna- 
tional law — or  whether  it  was  an  assumption  wholly  unsupported 
by  authority,  and  if  attempted,  an  encroachment  on  the  independ- 
ence of  sovereign  States,  which  it  would  have  been  their  duty  to 
themselves  and  the  civilized  world  to  resent  as  an  injury  and  a 
wrong. 

Aril  I  in  error  in  supposing  this  subject  derives  new  importance 
from  our  existing  relations  with  Mexico,  one  of  the  States  of 
Spanish  origin,  which  M.  Guizot  grouped  together  as  constitu- 
ting one  of  the  great  political  forces  of  this  continent,  among 
which  "the  equilibrium"  was  to  be  maintained.  Sir,  more  than 
once,  in  the  progress  of  the  war,  the  governments  of  Europe  have 
been  invoked  by  leading  organs  of  public  opinion  abroad  to  inter- 
pose between  us  and  Mexico.  Is  it  not  then  appropriate  briefly  to 
state  what  this  right  of  intervention  is,  as  it  has  been  asser- 
ted in  Europe,  what  it  has  been  in  practice,  and  what  it 
would  be  likely  to  become  if  applied  to  the  Slates  of  this  conti- 
nent 1     I  trust  it  will  be  so  considered. 

The  doctrine  of  intervention  to  mainlain  the  lialanee  of  power, 
is  essentially  of  modern  origin.  From  the  earliest  ages,  it  is  true, 
occasional  combinations  have  been  formed  by  particular  States, 
for  mutual  protection  against  the  aggressions  of  a  powerful  neigh- 
bor. History  is  full  of  these  examples.  Such  a  co-ojwration  is 
dictated  by  the  plainest  principles  of  self-preservation,  for  the  pur- 
pose of  guarding  against  the  danger  of  being  destroyed  in  detail  ; 
and  it  is  founded  upon  .such  obvious  maxims  of  common  sense  that 
it  would  have  been  remarkable  if  it  had  not  been  resorted  to, from  the 
nmnient  human  society  assumed  a  regidar  form  of  organization. — 
These  defensive  alliances  were  deficient  in  the  permanence  and  me- 
thodical arrangemenls,  which  distinguish  the  modern  system  of  in- 
tervention. Hume  saw,  or  fancied  he  saw,  in  them  ilic  principle 
of  the  right  of  intervention  to  preserve  the  balance  of  power,  which 
is  asscrfed  at  the  present  day.  But  it  could  only  have  been  the 
principle  which  was  developed  ;  they  certainly  never  attained  the 
maturity  or  the  elficient  force  of  a  regular  .system. 

The  modern  doctrine  of  intervention,  in  the  alTairs  of  other 
States,  which  has  sprung  up  within  the  last  two. centuries,  is  far 
more  comprehensive  in  "its  .scope.  It  has  grown  into  .a  practical 
system  of  supervision  on  the  part  of  the  principal  Eurojiean  ))ow- 
ers  over  their  own  relative  forces,  and  those  of  the  other  States  of 
Europe  ;  and  though  it  may,  in  some  instances,  have  been  produc- 
tive of  beneficial  cll'eets  in  maintaining  the  public  tranquility ,  it 
has  as  frequently  been  an  instrument  of  the  grossest  injustice  and 
tyranny.  From  the  first  extensive  coalition  of  this  nature,  which 
was  formed  during  the  long  series  of  wars  terminated  by  1  he  peace 
of  Westphalia,  in  1648,  down  to  the  interference  of  Great  Britain, 
Prussia,  Austria,  .and  France,  in  the  contest  between  the  Sultan 
and  Mchcraet  AH,  in  1840,  a  period  of  nearly  two  centuries — an 
interference  designed,  in  some  degree,  to  prevent  what  was  re- 
garded as  a  dangerous  protectorate  over  the  artairs  of  the  Porte 
by  Russia — the  exercise  of  the  righthas  been  placed,  theoretically, 
on  the  s.anie  high  ground  of  regard  for  the  tranqniliiy  of  Europe 
and  the  independence  of  States.  Practically,  it  has  often  been 
pi'iverted  to   the  worst  purposes  of  aggrandizement  and  cupidily. 

If  we  look  into  the  writers  on  international  law,  I  think  we 
shall  find  no  sufficient  ground  fm'  the  right  of  intervention.  Gro- 
tius,  who  wrote  in  the  early  part  of  the  seventeenth  century,  deni- 
ed its  existence.  Fcnelon,  who  wrote  about  half  a  century  later, 
denied  it,  except  as  a  means  of  self-preservation,  and  then  only 
when  the  danger  was  real  and  imminent.  Vattcl.  who  wrote 
nearly  a  century  after  Fcnelon,  and  a  centmy  before  our  own 
times,  regarded  the  Statesof  Europe  as  forming  a  political  system, 
and  he  restricted  the  right  of  forming  confederacies  and  alliances 
for  the  purpose  of  intervention  in  the  affairs  of  each  other,  to  cases, 
in  which  snch  combinations  were  necessajy  to  curb  the  ambition 
of  any  power  which,  from  its  superiorily  in  physical  strength,  and 
its  designs  of  oppression  or  eoncpiest,  threatcncil  to  become  dan- 
li'crous  to  its  neighbors,  De  Martens,  who  wrote  iialf  .a  eenliirv 
ago,  acknowledges  with  Vattel  the  existence  of  the  right  under 
certain  conditions,  though  he  hardly  admits  it  to  be  well  settled  as 
a  rule  of  international  law;  and  he  limits  its  exercise  to  neighbor- 
ing States,  or  States  occupying  the  same  quarter  of  the  globe. 
But,  according  to  the  two  last  writers,  who  have,  perhajis,  gone 
as  far  as  any  other  public  jurists  of  equal  eminence  towards  a  for- 
mal reeosnition  of  the  right,  it  only  justifies  a  union  of  inferior 
States,  within  the  same  immediate  sphere  of  action,  to  prevent  an 
accumulation  of  power  in  the  hands  of  a  single  sovereign,  ■which 
would  be  too  great  for  the  common  liberty. 

I  am  gonfidf  ntj  Mr.  President;  that  no  one  can  rise  from  »  re^ 


16S 


THE  TEN  REGIMENT  BILL. 


[Wednesday, 


view  of  the  history  of  modern  Europe,  and  from  an  examination  of 
the  writings  of  her  publie  jurists,  without  bcinfr  satislied  that  the 
richt  of  intervention  as  reeognized  by  civilized  nations  is  what  I 
have  stated  it  to  be — a  mere  riglit  on  tlie  part  of  weaker  States  to 
comliiiie  for  tlie  purpose  of  preventing  the  subversion  of  their  in- 
dc))eiidenee,  and  tlie  alienation  of  their  territories  by  a  designing 
and  jiowerfu!  neighlior — a  riglit  to  be  exercised  only  in  cases  ol 
urgent  and  imtncdiate  lianger.  It  is  simply  a  riL'ht  of  self-preser- 
vation, undefined,  nndelinable,  having  no  settled  or  permanent 
foundation  in  publie  law,  to  be  asserted  only  in  extreme  necessity, 
and  wlien  arliitrarily  applied  to  practice,  a  most  fruitful  source  ol 
.abuse,  injustice  and  oppression.  One  clear  and  certain  limitation 
it  happily  possesses — a  limitation,  which  amid  all  its  encroach- 
ments upon  the  independence  of  sovereign  States,  has  never  been 
surpassed.  By  universal  consent,  by  the  unvarying  testimony  of 
abuse  it.self,  it'is  not  to  be  exercised  "beyond  the  immediate  sphere 
of  the  nations  concerned:  it  pertains,  rigidly  and  exclusively,  to 
States  within  the  same  circle  of  jiolilical  action.  It  is  only  by 
neighbors,  for  the  protection  of  neighbors  against  neighbors  that 
it  elm,  even  upon  the  broadest  principles,  be  rightfully  employed. 
When  it  traverses  oceans,  and  looks  to  the  regulation  of  the  politi- 
cal concerns  of  other  continents,  it  becomes  a  gigantic  assumption, 
which  for  the  independence  of  nations,  for  the  interests  of  humani- 
ty, for  llic  traiu|uillity  of  the  Old  World  and  the  New.  should  be 
significantly  repelled. 

'Mr.  President,  a  review  of  the  history  of  Europe  during  tlie 
last  two  centuries  will  bring  with  it  another  conviction  in  respect 
to  the  right  of  intervention — that  no  reliance  can  be  placed  on  its 
restriction  in  practice  to  the  objects,  to  wliich  it  is  limited  by 
every  public  jurist,  who  admits  its  existence  at  .all;  and  that 
nothing  could  be  so  discouraging  to  the  friends  of  free  government 
as  an  extension  of  the  system  to  this  Continent,  if  the  power  ex- 
isted to  introduce  it  here.  Though  the  combinations  it  is  claimed 
to  authorize  may.  in  some  instances,  have  protected  the  coalescing 
parties  from  tlie  danger  of  being  overrun  by  conf|Ucring  armies, 
the  cases  are  perhaiis  as  numerous,  in  which  their  interposition  has 
been  lent  to  break  down  the  independence  of  states  and  to  throw 
wliolc  communities  of  men  into  the  arms  of  governments,  to  which 
their  feelings  and  principles  were  alike  averse.  The  right,  as  has 
been  seen — (and  it  cannot  be  too  often  repeated) — with  the  ut- 
most latitude  claimed  for  it  by  any  public  jurist,  goes  no  farther 
ih.an  to  authorize  a  league  on  tlie  part  of  two  or  more  weaker 
states  to  protect  themselves  against  the  designs  of  an  ambitious 
and  iiowerliil  ncichbour.  In  its  practical  application  it  has  more 
frequently  rcsulteil  in  a  combination  of  powerful  states  to  destroy 
their  weaker  nRigbbours  for  the  augmentation  of  their  own  do- 
minions or  those  of  their  allies.  From  a  mere  right  to  combine 
for  sell-prcscrvation,  they  have  made  it  in  ]iracticc  a  right  to 
divide,  dismeiulicr  and  partition  states  at  their  pleasure — not  for 
the  purpose  of  diminishing  the  strength  of  a  powerful  adversary, 
hut  under  the  pretence  of  creating  a  system  of  balances,  which  is 
artificial  in  il^  structure,  and,  in  some  degree,  incongruous  in  its 
elements,  and  which  a  single  political  coimilsion  may  overturn 
and  destroy.  Do  we  need  examples  of  the  abuse  of  the  power,  I 
■will  not  call  it  a  right?  They  will  be  found  in  the  dismember- 
ment of  Saxony,  the  annexation  of  the  re)iulilic  Genoa  to  ihc 
kingdom  of  Sardinia,  and  the  absorption  of  Venice  by  Austria. 
There  is  another  and  a  more  aggravated  case  of  abuse  to  whidi 
recent  events  have  given  new  prominence.  In  1772,  Russia, 
Prussia  and  Austria,  under  the  pretence  that  the  disturbed  condi- 
tifin  of  Poland  w.is  dauirerous  to  their  own  tranquility,  seized 
upon  about  nne-lliird  of  her  territories  and  divided  it  among  them- 
selves. In  nS).*?,  notwithstanding  Iter  diminished  proportions, 
she  had  become  more  dangerous,  and  they  seized  half  of  what  they 
had  left  to  her  liy  the  lirst  partition.  Sir,  she  continued  to  grow 
dangerous  as  she  grew  weak;  and  in  two  years  after  the  second 
partilion,  tlicy  stripjiod  her  of  all  that  remained.  In  1S1.5  the 
live  great  powers  at  the  Congress  of  Vienna,  from  motives  of 
policy,  and  not  from  a  returning  sense  of  justice,  organized  the 
frity  of  Cracow,  and  .a  portion  of  the  surrounding  territory  with  a 
population  rif  about  100,000  souls  into  a  republic,  under  the  protec- 
tion of  Austria,  Russia,  and  Prussia  with  a  guaranty  of  its  indc- 
pcndem^c  in  perpetuity.  Russia  pledged,  herself  at  the  same 
time  to  maintain  her  share  of  tlie  sjioil  as  the  Kingdom  of  Poland 
in  name  and  form,  with  a  constitutional  govcrimicnt.  She  kept  her 
)ilcdgc  seventeen  years,  and  then,  virtually  ineor|>oratcd  it.  as  an  in- 
tegral part,  into  the  Russian  Empire.  'J'lie  little  rciiublic  of  Cracow 
was  all  that  remained  as  a  monument  of  tlie  dismembered  Kingdom. 
A  year  ago  it  was  obliterated  as  an  independent  State  by  the  three 
great  powers  of  eastern  and  northern  I^iirope,  in  violation  of  tlieir 
solemn  guaranty,  and  assigned  to  Austria.  Tlie  name  of  Poland, 
the  fount. -lin  of  so  manj'  noble  and  animating  recollcciions.  is  no 
longer  to  be  found  on  the  map  of  Europe,  The  three  (juarters  of 
a  century,  which  intervened  from  the  inception  to  the  e(msumma- 
lion  of  this  transaction,  arc  not  suflicieiit  to  conceal,  or  even  to 
obscure  its  true  ehuraeter.  The  very  magnitude  of  the  space  over 
which  it  is  spread,  only  serves  to  bring  it  out  in  bolder  and  darker 
relief  from  llie  nnges  of  history. 

If  the  United  Slates,  in  the  progress  of  these  usurpations,  has 
not  remonstrated  against  them,  and  contributed  by  her  interposi- 
tion to  maintain  the  Integrity  of  the  States  thus  disorganized  and 
dismcmbercil  in  violation  of  every  rule  of  right,  and  every  sii£rges- 
tion  ofjiistice  and  hiimauily,  it  is  bei'ause  we  liave  been  faithful. 
ngainst  all  movements  of  sympnlhy,  against  the  very  instincts  of 
nature  to  the  piiiiei|)le  of  abstaining  from  all  interference  with  tliu 
movements  of  European  powers,    which   relate  exclusively  to  tho 


condition  of  the  quarter  of  the  wlobe  to  which  they  belong.  But, 
wlien  it  is  proposed  or  threatened  to  extend  to  this  continent,  and 
to  ourselves  a  similar  system  of  balances,  with  all  its  danger  of 
abuse  and  usurpation,  I  hold  it  to  be  our  duty  to  inquire  on  what 
grounds  it  rests,  that  we  may  be  prepared  to  resist  all  practical 
iilijilication  of  it  to  the  independent  States  in  this  hemis))here. 

Mr.  President,  the  declaration  of  M,  Guizot  could  hardly  have 
been  made  without  the  previous  approbation  of  the  government  of 
which  be  was  the  organ.  The  same  sovereign  occupies  the  throne 
of  France — tlie  same  minister  stands  before  it  as  the  exponent  of 
his  opinions.  Is  the  declaration  to  be  regjirded  as  a  mere  idle 
annunciation  in  words  of  a  design  never  intended  to  be  carried  into 
practice  ?  Let  me  answer  the  question  by  the  briefest  possible 
reference  to  circmnstanees.  France  was  the  coadjutor  of  England 
in  the  attempt  to  induce  Texas  to  decline  annexation  to  the  Union. 
Failing  ill  this,  she  attempted  to  aceoiuplish  the  saine  object  in- 
directly by  persuading  Mexico  to  recognize  the  independence  of 
Texas  on  condition  tiiat  the  latter  should  remain  an  mdepcndent 
State.  These  terms  were  ottered  to  Texas  and  rejected.  In  the 
year  1S44,  I  believe  less  than  twelve  months  before  M.  Guizot's 
declaration  was  made,  (and  the  coincidence  in  point  of  time  is  re- 
markable,) a  book  on  Oregon  and  California,  was  published  in 
Paris,  by  order  of  the  King  of  France,  under  the  auspices  of  Marshal 
Soult,  President  of  the  Council,  and  M.  Guizot,  Minister  of  Foreign 
Affairs,  and  written  by  M.  de  Mofras,  who  was  attached  to  the 
French  legation  in  Mexico.  The  first  part  of  the  work  is  devoted  to 
Mexico,  and  certainly  contains  some  remarkable  passages.  He 
speaks  of  the  establishment  ol"  a  Euro]iean  monarchy  as  a  project 
which  had  been  suggested  as  the  only  one  calculated  to  put  an  end  to 
the  divisions  and  annihilate  the  factions  which  desolated  that  beauti- 
lul  country.  He  says  the  Catholic  religion  and  family  relations,  with 
tho  ancient  possessors  of  the  country,  would  be  the  first  conditions 
required  of  the  princes,  who  should  be  called  to  reconstruct  "there 
a  monarchical  government.     He  then  adds  : 

'■  Tlie  infant.Ts  of  Sjjain.  t!iG  French  princess,  and  the  arcli-dnkes  of  Acstria  fullll 
tliese  fonditions.  and  we  may  aftirni  tliat  tVom  u  liichever;quarter  a 'competitor  sliould 
present  liiniself,  lie  would  be  unanimously  welcomeil  tty  the  Mexican  people. 

"  What.  then,  are  the  interests  of  France  in  these  questions  ? 

"  The  establishment  in  Mexico  of  a  tnoiiarchy  of  any  description  whatever,  resting 
upon  a  solid  li.Tsis,  should  be  tiie  fir^t  olijeet  of  our  policy  :  for  we  know  that  the  insta- 
bility nttaclied  to  the  actnal  form  of  its  government,  brings  wilh  if,  disadvantages  for 
our  commerce,  and  inconveniences  for  our  people." 

He  adds,  that  if  Mexico  is  to  preserve  her  rei»ubliean  form  of 
government,  her  incorporation  into  the  Union  of  the  JStorth  would 
seem  more  favorable  to  France  than  her  existing  condition,  on  ac- 
count id"  the  development  of  commerce  and  all  the  guaranties  of 
liberty,  security,  and  justice,  -wliich  his  compatriots  would  enjoy; 
and  that  England  would  lose,  under  such  an  order  of  things,  what 
France  would  gain.  Thus,  though  the  dismetnberment  and  ab- 
sorption of  Mexico  by  the  United  States,  are  regarded  by  M- 
de  Mofras.  as  preferable  to  the  coimnercial  monopoly  and  the  "spe- 
cies of  political  sovereignty,"  as  he  denominates  it,  which  England 
has  exercised  in  that  country,  the  first  object  of  France,  according 
to  him,  is  a  re-construcliou  oi'  monarchy  in  Mexico,  with  a  foreign 
Prince  on  the  throne,  and  this  Prince  from  .some  branch  of  the 
Bourbon  family.  The  opinions  contained  in  this  book  are  not  put 
forth  as  the  mere  speculations  of  a  private  person.  They  are  the 
opinions  of  an  agent  of  the  government:  the  publication  is  made 
by  order  of  the  King,  and  under  the  auspices  of  his  two  chief  min- 
isters, and  so  stated  in  the  title  page.  I  do  not  mean  to  bold  the 
government  of  France  responsible  for  all  the  opinions  contained  in 
that  work;  but.  can  we  believe  that  those  I  liave  quoted,  concern- 
ing as  they  do  so  grave  a  subject  as  the  international  relations  of 
France  with  Mexico,  and  of  Mexico  with  the  United  States,  would 
have  been  put  forth  without  modification  under  such  high  official 
sanctions,  if  they  had  been  viewed  with  positive  disfavor  ?  It  ap- 
pears to  me,«that  we  are  constrained  to  view  them  like  the  decla- 
ration of  M.  Guizot,  though  certainly  not  to  the  same  extent,  as 
jiossessing  an  ollieial  characler.  which  we  are  not  at  liberty  whol- 
ly to  disregard,  and  more  particularly,  when  we  consider  the  one 
in  connexion  with  the  other. 

And  now.  sir,  I  ask,  do  not  these  opinions  and  declarations,  es- 
pecially when  we  look  to  the  open  and  direct  interference  of  Great 
Britain  and  France,  by  force  of  arms,  in  the  domestic  affairs  of 
some  of  tlic  South  ^^merican  republics  within  the  last  two  years, 
furnish  a  just  ground  of  ap|ireliension  if  we  should  retire  from 
Mexico  without  a  treaty  and  as  eneniies,  that  it  might  become  a 
theatre  for  the  exercise  of  influences  of  a  most  unfriendly  charac- 
ter to  us  ?  With  the  aid  of  the  monarchical  party  in  Mexico, 
might  there  not  be  danger  that  the  avowed  design  of  cstiililishing 
a  throne,  might  be  realized?  The  chances  of  ojien  inlei  position 
are  iiii(juesti(.pn.ably  diminisluMl  by  the  results  of  the  war;  but  I  am 
constrained  to  believe  the  chances  of,  secret  interference  are  in- 
creased by  the  avidity  they  impute  to  us  for  territorial  extension. 
Ought  not  this  danger  to  influence  to  .some  extent,  our  own  con- 
duct, at  least,  so  far  as  to  dissuade  us  from  abandoning,  until  a 
better  pros)iect  of  a  durable  jieace  shall  exist,  th<!  advantage  we 
have  gained  as  belligerents?  We  know  a  great  majority  of  the 
Mexican  people  are  radically  averse  to  any  other  than  a  republi- 
can form  of  government ;  but  we  know,  also,  the  pronencss  of 
a  people  among  whom  anarchy  reigns  Iriumphant,  to  seek  any 
refuge,  wliich  jiromises  the  restoration  of  tranquility  and  social  or- 
der. 

Mr.  President,  any  attempt  by  n  European  power  to  intvrpose 
in  the  :itt"airs  id'  Mexico,  cither  to  establish  it  monarchy,  or  to 
maintain,  in  llie  language  of  M.  Guizot,  "the  equilibrium  of  the 
great  political  forces  in  America,"  would  be  the  signal  for  a  war 


January  26.  J 


THE  TEN  REGIMENT  BILL. 


169 


IVir  more  imiiortant  in  ils  (;onsei|iiciic;es,  ;uul  insciutalile  in  its 
issues  than  tliis.  We  could  not  suliniil  to  suoli  intei'iiosition  if  we 
woulJ.  The  public  opinion  ol'  the  country  wouhl  compel  us  to 
resist  it.  We  are  committed  hy  the  most  formal  declarations,  first 
made  by  President  Monroe  inlS2.3,  and  repeated  by  the  present  Chief 
Megistrateof  the  Union.  We  have  protested,  in  the  most  solemn 
manner,  against  any  further  colonization  by  European  ]JOwers  on 
this  continent.  We  have  protested  against  any  interference  in  the 
political  concerns  of  the  independent  States  in  this  hemisphere. 
A  protest,  it  is  true,  does  not  imply  that  the  sround  it  assumes  is 
to  be  maintained  at  all  hazards,  and  if  necessary,  by  force  of  arms. 
Great  Britain  protested  a;;ainst  the  interference  of  Fra,nee  in  the 
art'airs  of  Spain  in  1823;  she  has  more  recently  protested  asraiiisl 
the  absor))ti()n  of  Cracow  by  Austrui  as  a  violation  of  the  ))olilical 
order  of  Europe,  settled  at  Vienna  by  the  allied  sovereigns,  and 
against  the  Montpensier  marriage  as  a  violation  of.  the  treaty  of 
Utrecht;  but  I  do  not  remember  that  in  either  case  slie  did  any- 
thing more  than  to  proclaim  to  the  world  her  dissent  from  the  acts 
against  which  she  entered  her  protest.  It  has  always  seemed  to 
mc  to  be  unwise  in  a  government  to  put  forth,  manifestos  without 
being  prepared  u>  maintain  them  by  acts,  or  to  make  declarations 
of  abstract  princi]ile  until  the  occasion  lias  arrived  for  enlbrcing 
them.  The  declarations  of  a  President  having  no  power  to  make 
war  without  a  vote  of  Congress,  or  even  to  em.]iloy  the  military 
force  of  the  country  except  to  defend  our  own  territory,  is  very 
different  from  the  protest  of  a  sovereign  hokling  the  issues  of  peace 
and  war  in  his  own  hands.  But  the  Ibrmer  may  not  be  less  etiectual 
when  they  are  sustained,  as  I  believe  those  of  Presidents  Mom'oe 
and  Polk  are,  in  respect  to  European  interference  on  the  American 
continent,  by  an  undivided  public  opinion,  even  though  they  may 
not  have  received  a  formal  response  from  Congress.  I  hold,  there- 
fore, if  any  such  interposition  as  that,  to  which  I  have  referred, 
should  take  place,  resistance  on  our  part  would  inevitably  follow, 
and  we  should  become  involved  in  controversies  of  which  no  man 
could  foresee  the  end. 

Before  I  quit  this  part  of  the  subject,  I  desire  to  advert  to  some 
circumstances  recently  made  public,  and,  if  true,  indicating  sig- 
nificantly the  extent  to  which  Great  Britain  is  disposed  to  carry 
her  encroachments  on  this  continent,  as  in  every  quarter  of  the 
globe.  On  the  coast  ef  Honduras  in  Central  America,  eommonlv 
called  the  Musquito  Coast,  there  is  a  tribe  of  Indians  bearing  the 
same  name,  numbering  but  a  few  inmdred  individuals,  and  inhab- 
iting some  miserable  villages  m  the  neighborhood  of  Cape  Graeias 
a  Dios,  near  the  fifteenth  parallel  of  north  latitude.  Several  hun- 
dred miles  south  is  the  river  San  Juan,  running  from  lake  Nicara- 
gua to  the  Carribean  Sea,  a  space  of  about  two  degrees  of  longi- 
tude, with  the  town  of  Nicaragua  at  its  mouth  and  a  cSstle  or  fort 
about  midway  between  the  town  and  the  lake.  Tlie  lake  is  only  fif- 
teen leagues  from  the  Pacific,  and  constitutes,  with  the  river  San 
Juan,  one  of  the  proposed  lines  for  a  ship  canal  across  the  Isthmus, 
Great  Britain  has  recently  laid  claim  to  the  river  San  Juan  and  the 
town  of  Nicaragua,  if  she  lias  not  actually  taken  possession  of 
the  latter.  I  have  seen  a  communication  from  tlie  British  Consul- 
General  at  Guatemala,  asserting  the  independence  of  the  Mosqui 
tos  as  a  nation.  I  have  also  seen  a  communication  from  the  Briti.sh 
Consnl  at  Bluefield  on  the  Mosquito  shore,  asserting  that  "'  the 
Mosquito  flag  and  nation  are  under  the  special  protection  of  the 
crown  of  Great  Britain,"  and  that  "  the  limits  which  the  British 
government  is  determined  to  maintain  as  the  right  of  the  King  of 
the  Mosquitos''  "  comprehend  the  San  Juan  river."  By  Arrow- 
smith's  London  Atlas,  published  in  1840,  the  Mosquito  territory 
covered  about  40,0()U  square  miles,  nearly  as  large  an  area  as 
that  of  the  state  of  New  York  :  but  it  did  not  exl;end  below  the 
twelfth  parallel  of  latitude,  while  the  river  San  Juan  is  on  the 
eleventh.  I  have  seen  the  protest  of  the  state  of  Nicaragua 
against  llie  occupation  of  the  town  of  Nicaragua  on  the  river  San 
Juan,  which,  as  the  protest  declares,  has  lieen  from  time  immemo- 
rial in  her  quiet  and  peaeealile  possession.  The  state  of  San  Sal- 
vador, one  of  the  Central  American  republics  .also  unites  in  the  )uo- 
test,  and  declares  her  determination,  if  the  outrage  shallbe  car- 
ried into  effect,  to  exert  her  whole  power  until  the  usurper  ''  sliall 
be  driven  from  the  limits  of  Central  America," 

I  understand,  for  I  speak  only  from  information,  that  Great 
Biitiau  has  for  some  time  claimed  to  have  had  the  Musquitos,  a 
mere  naked  tribe  of  Indians  of  a  few  hundred  persons,  under  her 
protection.  Through  her  influeiiee  they  a))pointed  a  king,  who 
was  taken  to  Belize,  a  British  station  on  the  bay  of  Yucatan,  and 
there  crowned.  It  is  said,  also,  that  on  the  decease  of  that  king. 
he  was  found  to  have  bequeathed  his  dominions  to  her  Britanio 
majesty.  It  appears  to  be  certain  that  .she  has,-  under  this  pre- 
tence of  protection,  extended  her  dominion  over  an  immense  sur- 
face in  Central  America  ;  that  she  has  at  least  one  vessel  of  war. 
th(i  Sun,  commanded  by  an  officer  bearing  an  English  name,  "Cimi- 
luodore  Trotter,  of  the  Mosquito  navy,"  as  he  is  styled  in  a  letter 
written  by  the  British  eon.sul  at  Bluefield,  and  that  she  is  still  fur- 
ther extending  herself,  against  the  remonstrance  of  the  Central 
American  States.  But  these  States,  besides  being  phvsically 
weak,  are  distracted  by  internal  feuds;  and  if  the  .proceeding's 
complained  of  be  not  the  unauthorized  acts  of  British  agents, 
which  Great  Britain  will  disavow,  it  is  hardly  to  be  expected  that 
a  usurpation,  so  unjustifiably  eonsnmmated,  will  be  abandoned  on 
an  appeal  to  the  justice  of  the  wrong-doer.  Whether  our  govern- 
ment should  remain  quiescent  under  this  encroachment  upcin  near 
and  defenceless  neighbors,  is  a  question  worlliy  of  consideration. 
Under  any  eircumstanees,  it  seems  to  me  to  atl'ord  little  assurance 

30th  Cono, — IsT  Session-— No,  22. 


of  non-interference  with  the  all'airs  of  Mexico,  if  oiu'  forces  were  to 
be  withdrawn  without  a  treaty. 

There  is  another  consideration  which  ought  not  to  be  overlooked, 
In  July  last.  Lord  George  Bentinck  made  a  motion  for  an  address 
to  her  Britannic  majesty  praying  lir  to  taki>  such  measures  as  sh  e 
might  deem  proper  to  secure  the  payment  of  the  Sfianish  govern- 
ment bonds  held  by  British  siibjeets.  Those  bonds  amount  to 
about  38U,00(),00U  of  dollars,  ami  on  about  340,000,000  no  interest 
whatever  has  been  paid,  and  including  this  debt  nearly  030,000,000 
of  dollars,  are  due  to  British  subjects  |jy  foreign  government — a 
sum  equal  to  about  one-fifth  of  her  national  debt.  He  contended 
that  ''by  the  law  of  nations,  from  time  immemorial,  it  has  been 
held  that  the  recovery  of  just  debts  is  a  lawful  cause  of  war,  if  the 
country  from  which  j>ayment  is  due,  refuses  to  listen  to  the  claims 
of  the  country  to  whom  money  is  owing."  He  quoted  authorities 
to  show  that  the  payment  of  the  debt,  or  the  interest  on  it,  might 
be  enforced  without  having  recourse  to  army,  though  asserting 
the  right  to  resort  to  force  to  compel  it.  He  referred  to  the  rieii 
colonies  of  Spain,  and  especially  Cuba,  to  show  that  there  was 
wealth  enough  in  its  aimual  produce  and  revenue  "to  pay  the  whole 
debt  due  by  Spain  to  British  bond  holders."  He  referred  to  the 
naval  foree  which  Spain  possessed  to  show  that  there  would  not 
be  "any  w,ay  of  ellectivc  resistance."  and  that  '•the  most  timid 
minister"  need  not  fear  it.  Having,  in  the  course  of  his  remarks, 
called  the  attention  of  the  Ministor  of  Foreign  All'airs  to  the  sub- 
ject, Lord  Palmerston,  in  responding  to  his  call,  entered  into  an 
extended  statement  m  respect  to  the  foreign  debt  due  to  British 
.subjects.  He  drew  a  distuiction  between  transactions  by  one  govern- 
ment with  another,  by  British  subjects  with  a  foreign  govenniienl. 
by  British  subjects  wiih  the  subjects  of  another  government,  and 
between  debts  and  acts  of  injustice  and  oppression,  Thi.s 
distinction,  however,  he  treated  as  matter  of  expediency  and  es- 
tablished practice.  He  assented  to  the  doctrine  laid  down  by  the 
noble  Lord,  who  made  the  motion  fur  an  address,  and  he  said  if 
it  were  the  wise  ])olicy  of, England  to  lay  down  a  rule  that  she 
would  enforce  oblig:ations  of  this  character,  with  the  same  rigor 
as  thyse  of  a  difl'erent  character,  she  would  hare  a  full  and  fair 
right,  according  to  the  laws  of  nations,  to  do  so.  And  he  concluded 
by  saving  that  England  had  not  refrained  from  taking  the  step.s 
urged  by  his  noble  friend,  because  she  was  ''afraid  of  these  States, 
or  all  of  them  put  together;"  that  it  was  not  to  be  supposeu 
the  British  Parliament,  or  the  British  nation,  would  long  remain 
patient  under  the  wrong,  and  that  they  had  ample  power  and 
means  to  obtain  justice. 

I  pass  over  the  doctrines  put  forth  in  the  speech  of  Lord  George 
Bentinck,  and  sanctioned  by  Lord  Palmerston,  though  I  believe  it 
not  perfectly  clear  that  they  can  be  maintained  to  the  full  extent, 
by  an  appeal  to  any  well  established  principles  of  international 
law.  You  know,  sir,  that  we  have  sometimes  fomid  British 
statesmen,  even  those  holding  places  nearest  to  the  tUi'one.  at 
fault,  both  in  respect  to  matters  of  principle  and  matters  of  fact, 
though  it  is  certainly  but  jastiee  to  concede  to  them  the  possession 
of  more  enlarged  views  of  policy,  combined  with  greiiier  practical 
talent  and  tact,  than  is  often  to  be  found  in  the  councils  of 
European  sovereigns.  I  pass  over  also  an  offensive  allusion  to 
the  failure  of  two  or  three  of  the  states  of  this  Union  to  pav  their 
debts,  "as  a  stain  u|)on  the  national  character,''  (I  use  his  own 
language)  when  it  is  well  known  that  the  suspension  of  payment 
was  temporary,  and  from  overruling  necssity  ;  that  in  most  in- 
stances resumption  has  taken  jilace,  and,  that,  in  all  the  most 
earnest  efforts  have  been  made  to  resume  the  discharge  of  their 
obligations.  This  imputation  was  cast  upon  us  at  the  moment, 
when  our  people,  with  one  heart,  were  sending  abroad  their  agri- 
cultural surplus  to  feed  the  famished  population  of  Ireland,  not 
merely  in  the  way  of  commercial  exchange,  but  in  the  form  of 
donations,  in  ship-loads,  public  and  private.  And  so  far  as  ilie 
commercial  portion  is  conceriied,  I  believe  oiu'  merchants  have 
fin-  months  been  draining  our  banks  of  specie,  to  send  abroad  to 
meet  their  own  pecuniary  obligations,  while  they  have  been  unable 
to  draw  on  their  debtors  in  England  for  the  proceeds  of  the  bread 
stud's,  by  which  her  subjects  have  been  fed.  But  I  pass  by  all  this,  and 
come  to  the  important  fact  that  Mexico  was  among  the  indebted 
foreign  States  enumerated  in  a  report,  on  which  the  motion  of 
Lord  George  Bentinck  was  founded.  What  is  the  extent  of  her 
indebtedness  I  do  not  know,  but  I  understand  about  seventy  mil- 
lions of  dollars — and  I  believe  it  was  but  recently  that  the  public 
domain  in  California  was  mortgaged  to  the  creditors  for  a  portion 
of  this  amount,  though  the  lieu  is  now  said  to  be  discharged. 

I  appeal  to  honorable  Senators  to  say,  with  these  facts  before 
them — with  this  public  and  oliieial  assertion  of  a  principle,  which, 
aeeordiug  to  Loi'd  Palmerston,  the  British  government  has  only 
abstaineil  from  practicallv  enforcing  through  mere  considerations 
of  polic\ — -whether  if  our  forces  were  withdrawn  from  Mexico,  and 
that  country  should  become  a  prey  to  the  anarchy  and  confusion 
which  has  reigned  there  so  long,  and  xvhich  if  renewed  would,  in 
all  probability,  become  universal  and  hopeless — whether,  1  say, 
there  would  not  be  a  temptation  too  strong  to  be  resisted,  to  re- 
duce the  principle  thus  proclaimed  to  practice — whether  some  por- 
tion of  the  Mexican  territory  might  not  be  occupied  as  a  guaranty 
for  the  payment  of  the  debt  due  to  British  subjects,  and  thus 
another  principle  be  violated,  which  we  are  committed  to  main- 
tain? I  do  not  mean  to  say  that  this  consideration,  if  it  stood 
.alone,  should  absolutely  control  our  conduct.  But  as  auxiliary  to 
the  graver  considerations  to  which  I  have  referred,  it  appears  to 
me  that  it  may  properly  be  allowed  some  weight — enough,  sir. 
perhaps,  to  turn  the  scale,  if  it   were  already  balanced — though,  1 


170 


THE  TEN  REGIMENT  BILL. 


[Wednesday 


tbink.  there  is  siifTicient,  without  it.  to  incline  us  decisively  to  the 
side  of  continued  cicciipatioii. 

Besides,  British  subjects  have  other  extensive  pecuniary  in- 
terests in  Mexico:  they  have  lar^e  commercial  establisliments  and 
heavy  investments  of  capital  in  the  mininc;  districts.  If  the  politi- 
cal aii'airs  of  that  country  should  fall  into  inextric.iUle  confusion,  it 
is  not  to  be  supposed  that  these  great  interests  will  be  abandoned 
by  Great  Britain;  and  yet  it  is  extremely  dilfk-ult  to  see  liy  what 
interposition  on  her  part  they  could  he  secured  without  the  danger 
of  collision  between  her  and  us. 

>ir.  President,  in  what  I  have  said  in  respect  to  the  danger  ol 
foreign  interposition,  1  have  not  relied  upon  the  ephemeral  opinions 
of  the  day,  or  on  opinions  expres.sed  in  public  journals  abroad,  how- 
ever intimately  those  journals  may  be  supposed  to  be  connected 
with  governments,  as  the  organs  of  the  views  which  it  is  deemed  ad. 
visable  to  throw  out,  from  time  to  time,  lor  the  public  consideration 
or  guidance.  1  have  resorted  to  no  irresponsible  sources.  I  have 
presented  opinions  and  declarations  iirocUiimcd  with  more  or  less 
of  official  sanction,  and  for  the  most  part,  with  the  highest.  I 
mean  the  declarations  of  ministers,  speaking  for  their  governments 
to  the  popular  body,  and  as  the  responsible  representatives  of  sov- 
ereigns, holding  in  their  own  hands  the  authority  to  enforce,  or 
attempt  to  enforce,  what  they  jiroclaim.  How  far  these  declara- 
tions taken  in  connection  wiili  rlic  acts  referred  to,  should  influ- 
ence our  conduct,  is  a  question  on  wliich  we  may  not  all  agree. — 
But  it  appears  to  me  that  it  would  be  a  great  error  in  statesman- 
ship to  treat  them  as  wholly  unworthy  of  our  consideration.  Jeal- 
ousy of  our  increasing  power,  commercial  rivalry,  political  inter- 
ests, all  combine  to  give  them  importance.  It  is  the  province  ol  a 
wise  forecast  to  jn'ovide  as  I'ar  as  possible,  that  these  adverse  in- 
fluences shall  find  no  theatre  for  their  exercise.  To  abando.n  Mex- 
ico would,  it  seems  to  me,  throw  wide  open  all  the  avenues  for 
their  admittance — one  power  for  commercial  monopoly,  and  the 
other  for  political  control — and  perhaps  impose  on  us  the  difficult 
and  dangerous  task  of  removing  evils,  which  a  proper  vigilance 
might  have  prevented.  » 

ft  may  be,  Mr.  President,  that  we  sliall  have  an  early  peace. 
I  sincerely  hope  so.  In  this  case,  we  must  withdraw  from  Mexi- 
co ;  and  it  may,  perhaps,  be  said  that  the  dangers  I  have  referred 
to  as  likely  to  result  from  our  absence  at  the  present  moment,  may 
possibly  be  realized.  These  dangers,  whatever  they  may  be,  wc 
must  incur  whenever  she  shall  tender  us  a  peace,  which  we  ought 
lo  accept.  But  there  is  a  wide  dilVereiice  ljet\\'een  retiring  as  be- 
ligereiits  and  enemies  without  a  treaty,  and  as  fi  lends  under  an 
amicable  arrangement,  with  solemn  obligations  on  both  sides  to 
keep  the  peace.  In  tin;  former  case,  jirobably  one  of  the  first  acts 
of  Mexico  would  be  to  reassemble  her  army,  and  her  government 
might  fall  under  the  control  of  her  military  leaders.  In  the  latter, 
amicable  relations  being  restored,  and  military  forces  being  unne- 
cessary, at  least  to  act  against  us,  the  peace  party  would  have 
better  hopes  of  maintaining  themselves,  of  preventing  the  army, 
which  is  now  regarded  as  responsible  for  the  national  disasters; 
from  gaining  the  asecndenev,  and  also  of  excluding  iiilliieiices  from 
abroad,  which  woiikl  be  hostile  to  her  interests,  and  fatal  to  the 
common  tranquillity  of  bolb  countries. 

In  ihe  referen<-'es  I  have  uiade  to  I'^r.Tiicc  and  (ircat  Britain,  I 
have  been  actuated  by  no  feeling  of  uiikindness  or  hostility  to  cither. 
Rapid  and  wide-spread  as  has  been  the  progress  of  the  latter,  we 
have  never  sought  to  interfere  with  it.  She  hokls  one-third  of  the 
North  American  conlinenl.  She  has  established  her  dominion  in 
the  Bernnulas.  the  West  Indies,  and  in  Guiana,  on  South  Ameri- 
can continent.  She  holds  Belize,  on  the  bay  of  Yucatan,  in  North 
America,  with  a  district  of  about  14,000  .square  miles,  if  we  may 
trust  her  own  geographical  deliiieatitnis. 

We  .see  Iier  in  the  occupation  of  territories  in  every  quarter  of 
the  globe,  vastly,  inordinately  extended,  and  still  ever  extending 
herself.  It  is  not  easy  to  keep  pace  with  her  encroachments.  A 
few  years  ago  the  Indus  was  the  western  boundary  of  her  Iiklian 
empire.  She  has  passed  it.  She  has  overrun  All'ghanistan  and 
Beeloocbistan,  though  I  believe  she  has  temporarily  withdrawn  from 
the  former.  She  stands  at  the  gates  of  Persia.  She  has  discussed 
the  policy  of  passing  Persia,  and  making  the  Tigris  her  western 
boundary  in  Asia.  One  stride  more  would  place  her  upon  the  shores 
of  the  Mediterranean  ;  and  her  armies  w'ouUi  no  longer  find  their  way 
to  India  by  the  circumnavigation  of  Africa.  Indeed,  she  has  now, 
for  all  government  purposi!s  of  eonnnunicatioii,  except  the  trans- 
portation ol  troops  and  muiiiticnis  of  war,  a  direct  inlcrconrse  with 
the  cast.  Her  steamers  of  the  largest  class  run  from  England  to 
Alexandria  ;  from  Alexandria  there  is  a  water  communication  with 
Cairo — some  sixty  miles  ;  from  Cairo  it  is  but  eight  hours  over- 
land to  Suez,  at  the  head  of  the  Bed  Sim  ;  from  Suez  her  sicamcrs 
of  the  largest  class  run  lo  Aden,  a  mililury  station  of  hers  at  the 
mouth  of  the  Red  Sea;  from  Aden  lo  Ceylon,  and  from  Ceylon  to 
China.  Slip  is  not  merely  conquering  her  way  back  from  llindoo. 
Stan.  She  has  raised  her  standard  beyond  it.  She  has  entered  the 
confines  of  the  celestial  emiiirc.  She  has  gained  a  permanent  foot- 
hold within  it  ;  and  who  that  knows  her,  can  believe  that  pretexts 
will  long  be  wanting  to  extend  her  dimiinion  there  ?  Though  it  is 
for  commerce  mainly  that  she  is  thus  adding  to  ilic  number  and  ex- 
lent  of  her  dependencies,  it  is  not  fo.  commerce  alone.  The  love  of 
power  and  extended  empire  is  one  of  the  elHcient  principles  of  her 
gigantic  elibrts  and  movements.  No  island,  however  remote,  no 
rock,  however  barren,  on  which  the  cross  oi'  St.  George  has  once 
be«n  unfurled,  is  ever  willingly  relinquished,  no  matter  how  expen- 
sive or  inconvenient  it  may  be  to  maintain  il.  She  may  bo  said  liter- 
ally to  encircle  ihe  globe  by  an  iiiibrokcn  chain  of  dcpciulencies. 


Nor  is  it  by  peaceful  means  that  she  is  thus  extending  herself. 
She  propagates  commerce,  as  Mahommedanisra  propagated  reli- 
gion, bv  fire  and  sword.  If  she  negotiates,  it  is  with  fleets  and  ar- 
mies at  the  side  of  her  ambas.sadors  in  order,  to  use  the  language 
of  her  diplomacy,  "to  give  force  to  their  representations."  She  is 
essentially  and  eminently  a  military  power,  unequalled  pn  the  sea 
and  unsurpassed  on  the  land.  Happily,  the  civdization,  which  dis- 
tinguished her  at  home,  goes  with  her  and  obliterates  some  of  the 
bloody  traces  of  her  march  to  unlimited  empire. 

Much  less  has  any  unkind  feeling  dictated  my  reference  to 
France.  Our  relations  with  her  have  usually  been  of  the  most 
friendly  character.  From  the  foundation  of  our  government  there 
has  existed,  on  our  side,  a  strong  feeling  of  sympathy  in  her  pros- 
perities and  her  misfortunes,  which  no  temporary  interruption  of 
our  friendship  has  been  able  to  eradicate.  There  is  reason  for  this 
feeling  :  it  would  not  have  been  creditable  to  us  as  a  people  if 
it  had  proved  a  transient  sciitunent.  She  stood  forth,  at  a  critical 
period,  in  our  contest  for  independence,  and  rendered  us  the  most 
essential  service  by  her  co-operation  and  aid.  The  swords  of 
Washington  and  Lafayette  were  unsheathed  on  the  same  battle 
fields.  Our  waters  and  our  plains  have  been  crimsoned  with  the 
generous  blood  of  France.  The  names  of  Roeliambe<iU,  De  Grasse, 
and  D'Estaing  are  identified  with  our  struggle  lor  freedom.  They 
have  become  in  some  degree  American,  and  we  give  them  lo  our 
children  as  names  to  be  remembered  for  the  gallant  deeds  of  those 
who  bore  them.  It  is  not  surprising,  under  such  circumstances, 
that  in  the  survey  of  the  European  system,  we  should  have  beeu 
accustomed  to  regard  France  as  the  power  most  likely,  in  the  pro- 
gress of  events,  to  become  the  rival  of  England  on  the  ocean  as 
she  has  been  on  the  land  :  and  with  a  large  portion  of  our  people, 
if  the  wish  has  not  been  "  parent,"  it  has,  at  least,  been  compan- 
ion "  to  the  thought."  For  this  rea.son  the  declaration  of  M. 
Guizot  was  considered,  independently  of  all  views  of  right,  as  pe- 
culiarly ungracious,  and  as  a  demonstration  of  feeling  totally  in- 
consistent with  the  ancient  friendship  by  which  the  two  countries 
have  been  united.  I  have  never  believed  it  to  be  in  accordance 
with  the  sentiments  of  the  French  ]ieojile.  And  so  strong  has  been 
my  reliance  on  their  right  judgment  and  feeling  that  I  confess  I 
have  thought  it  not  unlikely  that  an  interposition  in  our  aft'airs  so 
completely  at  variance  with  amicable  relations,  which  ought  to  be 
held  sacred,  might  be  arrested  by  a  more  decisive  interposition  at 
home  against  its  authors. 

I  repeat — I  have  spoken  in  no  spirit  of  unkindness  either  toward 
Great  Britain  or  France.  I  desire  nothing  but  friendship  with 
them — close,  cordial,  constant,  mutually  beneficial  friendship.  I 
speak  of  tli^m  historically,  as  they  exist  and  exhibit  themselves  to 
the  eyes  of  the  civilized  world. 

Thus  far,  I  have  considered  the  probable  consequences  of  reti- 
ring from  Mexico  as  they  arc  likely  to  afl'cet  onr  political  relations 
with  licr  and  possibly  with  other  States.  I  now  turn,  for  a  single 
moment  only,  to  a  difl'erent  class  of  considerations — I  mean  con- 
siderations arising  out  of  our  claims  to  indemnity  for  injuries. 
AlthouL'h  the  war  was  not  commenced  to  secure  it,  this  is  one 
of  the  avowed  objects  for  which  it  has  been  prosecuted.  Shall  we 
abandon  the  position  we  have  taken,  and  leave  this  object  unac- 
complished ?  Shall  wc  not  rather  retain  what  we  have  acquired 
until  our  just  claims  are  satisfied?  To  do  otherwise,  would  be 
to  have  incurred  an  enormous  expenditure  of  treasure  and  blood 
to  no  purpose — to  have  prosecuted  the  war  till  we  had  the  means 
of  indemnifying  ourselves  in  our  own  hands,  and  then  voluntarily 
to  relinquish  them.  Such  a  course  seems  to  uie  utterly  irrecon- 
cileable  either  with  justice  to  ourselves  or  with  sound  policy.  If 
I  am  not  mistaken  in  the  views  ,1  have  expressed,  it  woidd  be  an 
abandonment  of  indemnity  without  getting  rid  of  the  war,  on 
which  we  must  now  rely  to  procure  it.  These  considerations  do 
not  apply  to  the  policy  suggested  by  the  honorable  Senator  from 
South  Carolina.  He  proposes  to  take  indemnity  into  our  own  hands 
by  occupying  a  portion  of  northern  or  central  Mexico  and  holding  it 
without  a  treaty.  My  remarks  are  only  applicable  to  the  policy 
of  withdrawing  from  Mexico  altogether  and  leaving  the  adjust- 
ment of  difl'erences  to  future  negotiations. 

Having  thus  declared  myself  in  favor  of  the  occupation  of  Mex- 
ico until  she  shall  consent  to  make  peace,  I  deem  it  proper  lo  say 
in  connexion  with  this  subject,  that  I  have  been  uniformly  cppo- 
scd,  and  that  I  am  still  opposed  to  all  schemes  of  conquest  for 
the  acquisition  of  territory.  In  this  respect,  I  concur  in  what 
the  Senator  from  South  Carolina  has  said,  and  for  nearly  the 
same  rcnsons.  I  am  oppo.scd  to  all  such  scliQjnes,  because  they 
would  be  inconsistent  with  the  avoweii  objects  ofrthe  war;  be- 
cause, they  would  be  incompatible  with  justice  and  soimd  pol- 
icy; and  because,  if  successful,  they  would  be  utterly  subver- 
sive of  the  fundamental  principle  of  our  political  system,  rest- 
ing as  it  does,  on  a  voluntary  a.ssoeialion  of  free  and  independent 
States.  I  have  been  uniformly  in  favor  of  the  most  energetic 
measures  in  the  inoscculioii  of  the  war,  because,  1  believed  them 
most  likely  to  bring  it  to  a  close.  In  carrying  our  arms  to  the 
enemy's  ca]iital  and  occupying  his  territory,  I  can  sec  nothing  in- 
consistent with  the  principles  of  justice  or  the  usages  of  civilized 
States.  In  the  prosecution  of  a  war  undertidcen  to  procure  a  re- 
dress of  injuries,  the  territories  or  property  of  an  enemy  may  be 
.seized  for  the  express  purpo.se  of  compelling  him  to  do  justice. 
More  may  be  taken  than  would  constitute  atair  indemnity  for  ac- 
tual injuries,  provided  it  he  done  with  the  intention  of  restoring 
the  surjdus  when  ho  shall  Consent  to  make  peace  on  reasonable 
terms.     It  is  in  this  spirit,  and  with  this  intention  that  my  co-ope- 

rutioii  has  been  given  lo  liic  vigorvus  jnosvtiitiiiu  of  lUe  war.  Wtj 


January  26.] 


THE  TEN  REGIMENT  BILL, 


171 


have  a  right  to  insist  on  a  fair  boundary;  \vc  may  exact  indemnity 
for  injuries;  we  may  demand  indemnification  for  the  expenses  of 
the  war,  if  we  pleasp.  But  hero  all  right  ceases;  and  if,  when  this 
is  conceded,  we  have  more  on  our  hands,  we  are  bound,  on  every 
principle  of  law  and  good  conscience  to  make  restitution.  It  is 
admitted,  on  all  hands,  that  she  is  incanable  of  indemnifying  us  in 
money.  But  she  may  do  so  by  ceding'  to  ns  territory,  which  is 
useless  to  her,  which  she  has  not  the  ability  to  defend,  and  which 
may  be  useful  to  us.  I  have  always  been  in  favor  of  aer|uiring  ter- 
ritory on  just  terms.  The  acquisition  of  California  has  always 
appeared  to  me  very  desirable  on  account  of  its  ports  on  the  Pa- 
cific. I  have  uniformly  voted  for  acquiring  it,  when  the  proposi- 
tion has  came  before  us.  I  believe  on  the  first  occasion,  I  was  in 
a  minority  of  ten  or  eleven.  My  opinion  is  unchanged.  .  Indeed, 
it  is  confirmed  by  the  fact  that  California  has,  by  our  military  ope- 
rations, become  forever  detached  from  Mexico.  If  it  were  to  be 
abandoned  by  us,  its  forty  thousand  inhabitants  would,  undoubtedly, 
establish  an  imlependent  government  for  themselves,  and  they 
would  maintain  it  if  undisturbed  by  foreign  interference.  I  take 
the  actual  condition  of  things  as  I  find  it,  and  with  an  earnest  de- 
sire to  fulfil  all  the  obligations  it  devolves  on  us  in  a.  spirit  of  jus- 
tice towards  Mexico  and  towards  the  people  of  California. 

I  concur  also  in  what  the  honorable  Senator  from  South  Caro- 
lina has  said  in  relation  to  the  inllucnco  of  war  on  our  political 
institutions.  No  man  can  deplore  it  under  any  circumstances, 
more  than  myself.  Independently  of  the  evils  which  it  always 
brings  in  its- train,  there  are  considerations  connected  with  our 
political  organization  and  the  nature  of  our  social  progress,  which 
render  it  doubly  pernicious  in  its  tendencies.  The  final  success  of 
the  experiment  wc  are  making  in  free  government  depends,  in 
some  degree,  on  a  steady  maintenance  ol  the  spirit  of  peace,  in 
which  our  political  system  had  its  origin,  and  in  which  it  has  thus 
far  been  administered.  Great  as  is  our  capacity  for  war,  our 
whole  scheme  of  government  is  averse  to  it.  The  greatest  possible 
economy  in  expenditure  ;  the  least  possible  patronage  in  the  hands 
of  the  Executive  ;  the  smallest  peeuniarj'  exactions  from  the  peo- 
ple, consistent  with  our  absolute  wants  ;  the  absence  of  all  de- 
mands on  the  public  treasury,  which  call  for  unusual  contributions 
of  revenue  or  promote  excessive  disbursements  ;  the  exemption  of 
the  country  from  all  exigencies  which  devolve  on  the  legislative 
and  executive  departments  of  the  government  the  exercise  of  ex- 
traordinary powers — these  arc  the  conditions  under  which  the 
ends  of  our  political  organization  are  most  likely  to  be  lulHlled. 
Sir,  none  of  these  conditions  belong  to  a  state  of  war.  Extrava- 
gant disbursements  ;  extraordinary  contributions  of  revenue — pre- 
sent or  prospective — present,  in  augmented  burdens  of  taxation — • 
prospective  in  the  shape  of  loans  and  anticipations  of  income, 
leading  ultimately  to  taxation  ;  extraordinary  powers  summarily, 
and  sometimes  arbitrarily  exercised — these  are  the  in.separabje 
companions  of  war  ;  and  they  arc  inimical  to  the  very  genius  of 
our  social  system. 

There  are  considerations,  which,  in  my  judgment,  render  a  war 
with  Mexico  peculiarly  unfortunate,  and  which  justify  all  the 
efforts  we  have  made  to  bring  it  to  an  amicable  termination.  We 
are  mutually  engaged  in  carrying  out  on  this  continent  the  experi- 
ment of  free-government,  which  in  all  oihcr  ages  has  proved  abor- 
tive. We  are  trying  it  under  eminently  auspicious  cireurastances. 
We  have  no  strong  governments  around  us,  founded  upon  antago- 
nist principles  and  adverse  in  their  example  and  influence  to  the 
success  of  ours.  We  are  sustained  by  the  faculty  of  popular  rep- 
resentation, which  was  unknown,  or  at  least  imperfectly  known, 
to  the  free  States  of  antiquity,  and  by  force  of  which  we  have 
been  enabled  to  carry  out.  on  geograpiiieal  acres  of  indefinite  ex- 
tent, an  organization  which  had  previously  been  deemed  applica- 
ble only  to  communities  of  limited  population  and  territory .  It  is 
natural,  under  these  circumstances,  that  the  friends  of  free  govern- 
ment, wherever  they  are  to  be  found,  should  turn  to  us  as  the  last 
hope  of  liberal  institutions.  They  look  to  us  for  examples  of  mode- 
ration and  forbearance  in  our  intercourse  with  foreign  nations — 
especially  those  having  forms  of  government  analagous  to  our 
own — and  for  an  exemption  from  the  evil  passions'which  have  -t 
embroiled  the  nations  of  the  Old  World,  and  involved  them, 
century  after  century,  with  brief  intermissions,  in  wars  of  am- 
bition and  revenge.  In  asserting  the  superiority  of  our  own 
form  of  government,  the  strength  of  the  argument  will  be  weak- 
ened, if  we  shall  be  found  no  more  exempt  than  those  which  are 
less  popular,  from  strife  and  contention  with  neighboring  States. 
Regarding  the  success  of  our  institutions  as  affecting  deeply  the 
welfare  of  our  race,  and  vindicating  the  competency  of  mankind 
to  self-government,  I  have  always  esteemed  it  peculiarly  unfortu- 
nate that  any  cause  of  alienation  should  have  existed  of  sufficient 
magnitude  to  induce  the  two  principal  republics  of  the  western 
hemisphere  to  turn  their  arms  against  each  other.  The  cause  of 
liberal  government  is  injured,  and  far  more  deeply  injured  than  it 
has  been  by  the  dissention  of  the  republics  in  the  southern  portion 
of  the  American  continent. 

These  are  considerations  which  it  were  well  for  us  always  to 
keep  in  view — in  peace,  that  we  may  not  rush  hastily  into  war  ; 
in  war,  that  we  may  spare  no  honorable  effort  for  a  restoration 
of  peace. 

There  is  yet  another  consideration  of  a  kindred  character.  While 
the  monarchies  of  Europe  are  at  peace  with  each  other,  and  social 
impro%-ement  is  advancing,  on  the  continent  at  least,  with  unpar- 
alelled  rapidity,  almost  the  only  wars  now  waging  among 
neighboring  States  are  between  us  and  Mexico,  between 
some  of  ibo  South  American   republics.    I  desire,  as  much  as 


anv  one  can,  to  sec  these  dissentions  composed,  and  to  see 
these  republican  States  resume  the  lulfilmcnt  of  theii'  great 
mission  among  the  nations — the  maintenance  of  the  principles  of 
political  liberty  and  the  cultivation  of  the  arts  of  civilization  and 
peace. 

In  these  views  I  concur  with  the  Senator  from  South  Carolina. 
But  here  I  am  constrained  to  separate  from  him.  When  wecomo 
to  practical  measures,  our  paths  lie  wide  apart. 

It  is  for  these  very  reasons  I  have  just  stated  that  I  cannot  as- 
sent to  the  policy  he  proposes.  I  believe  it  calculated  to  prolong 
the  war — not  to  terminate  it  ;  to  keep  alive  the  .spirit  of  animosity 
which  divides  us  from  Mexico,  instead  of  restoring  the  friendly  re- 
lations which  ought  to  exist  between  us.  I  am  in  favor,  then,  of 
standing  as  we  are.  And,  sir,  if  she  shall  refuse  to  make  peaco  ; 
if  we  must  continue  in  tlic  occupation  of  her  capital  and  three- 
fourths  of  her  territory,  it  may  be  in  the  order  of  Providence  that 
we  shall,  through  this  very  necessity,  become  the  instruments  of 
her  political  and  social  regeneration.  In  the  party  conflicts  which 
distract  her,  the  means  may  be  found  of  consolidating  her  govern- 
ment on  a  republican  basis,  of  healing  her  dissensions,  and  of  uni. 
ting  her  to  us  in  bonds  of  friendship  by  an  exercise  of  magnanimity 
and  forbcaranc(^  in  the  final  adjustment  of  our  difficulties  with  her. 
I  believe  even  now  srmiethingof  the  salutary  influence  of  our  pres- 
ence in  her  capital  and  principal  sea-ports,  licgins  to  be  felt.  The 
abolition  of  transit  duties  ;  the  reduction  of  the  imposts  on  foreign 
articles  of  necessity  and  convenience;  and  a  freer  commerce  among 
the  Mexican  states,  may,  if  continued,  strike  a  fatal  blow  at  the 
anti-commercial  system  by  which  her  peopJe  have  been  oppressed, 
and  the  internal  .abuses  by  which  her  rulers  have  crown  rich — a  sys- 
tem of  maladministration  not  even  eiiuuUcd  by  that  which  exists 
in  old  Spain.  The  higher  improvement  in  governicnt,  in  the 
arts,  and  in  civihzation  under  all  its  forms,  which  distinguishes 
our  own  people,  may,  by  force  of  actual  contact,  be  communicated 
to  the  Mexicans,  and  lay  the  foundation  of  an  improved  social 
order.  Melancholy  as  the  reflection  is.  it  is  nevertheless  true, 
that  civdization,  and  even  Christianity,  have  sometimes  been 
propagated  bv  arms  where  they  would  otherwise  have  been  hope- 
lessly excluded.  Thus,  the  very  passions  which  stem  fitted  only 
to  desolate  human  society,  may,  in  the  hands  of  Providence,  be- 
come the  agents  of  its  advancement.  Let  us,  then,  Jiope  and 
trust  that  the  contest  in  which  we  are  engaged  with  a  neighbor- 
ing power,  deplorable  as  we  all  consider  it,  may  be  an  instrument 
of  .social  and  political  amelioration  to  our  adversary. 

The  Senator  from  South  Carolina  has  said  in  bis  emphatic  lan- 
guage that  wo  are  ''tied  to  a  ccupse."  It  is  a  striking  figure,  Mr. 
President,  and  partakes  strongly  of  the  boldness  in  which  the  illus- 
trations of  that  distinguished  Senator  are  always  conceived.  Mex- 
ico is,  indeed,  prostrate — almost  politically  inanimate,  if  you  please 
— under  the  oppressions  which  have  beeiT  heaped  upon  her,  year 
after  year,  by  unscrupulous  rulers.  But  1  should  be  sorry  to  be- 
lieve her  beyond  the  power  of  resuscitation,  even  by  human  means. 
I  do  not  expect,  as  our  contact  with  her  becomes  more  intimate, 
to  see  her,  like  the  dead  body  touched  by  the  bones  of  the  prophet, 
spring,  at  a  single  bound,  to  fife  and  strength.  But  I  hope  to  see 
her — possibly  through  our  instrumentality— freed  from  the  despot- 
ic sway  of  her  military  rulers,  and  rising,  by  sure  degrees,  to  the 
national  importance  I  wish  her  to  possess — order  and  tranqudlity 
first,  next  social  improvement  and  stable  government,  and  at  last 
an  honorable  rank  among  the  nations  of  the  earth.  I  contemplate 
no  direct  interference  with  her  government — no  permanent  sj'slem 
of  protection  to  be  exercised  over  it — no  alliance  with  her  beyond 
what  may  be  necessary  to  secnre  to  us  the  objects  of  peace.  But 
I  do  contemplate  a  treaty,  stipulating  for  commercial  arrange- 
ments, for  protection  and  security  to  our  own  citizens  in  their  future 
intercourse  with  her,  and  no  withdrawal  of  our  forces  without  it. 
at  least  until  all  chance  of  obtaining  one  shall  prove  hopeless,  if 
we  were  to  retire  now,  all  commerce  between  her  and  us  woiUd 
cease  and  be  transferred  to  our  rivals,  our  I'rontier  would  be  aline 
of  war,  not  a  boundary  between  peaceful  neighbors,  and  unless  the 
tide  of  conquest  should  be  poured  back  upon  her  under  the  provo- 
cations such  a  condition  of  our  relations  would  almost  necessarily 
superinduce,  no  citizen  of  the  United  States  could  be  expected  for 
vears  to  come,  to  plant  his  foot  on  Mexican  soil.  War  dissolves 
the  political  and  commercial  relations  of  independent  States,  so  far 
as  they  rest  upon  voluntary  agreement  It  is  only  by  a  treaty  of 
peace  that  they  can  be  revived  or  new  relations  be  substituted  for 
the  old. 

Mr.  President :  Advocating  as  I  do  the  occupation  of  Mexico 
until  she  shall  consent  to  make  peace,  it  may  be  incumbent  on  me 
to  state  in  what  manner  I  think  it  can  b^  best  maintained.  And 
here  I  must  say, I  think  the  estimates  of  the  effective  force  in  the  field 
have  been  greatly  overstated.  I  propose  no  specific  plan  for  adop- 
tion. I  leave  all  practical  measmes  in  the  hands  of  those  to  whom 
they  belong.  I  only  purpose  to  state  what  suggests  itself  to  my 
mind,  as  advisable.  1  think  we  should  find  it  most  advantageous 
to  remain  much  as  we  are.  excepting  to  occupy  such  ports  on  the 
Pacific  a's  our  fleet  may  reduce  and  maintain  as  commercial  ave- 
nues to  the  interior.  It  may,  however,  become  necessary  to  occupy 
San  Luis  Potosi  and  Zacatecas  for  the  protection  of  the  mining 
operations  in  those  States  and  the  agricultural  districts  near  the  city 
of  Mexico  to  command  supplies  for  the  army.  I  should  consider 
an  army  of  twenty-five  thousand  well-disciplined  efl'ective  men  the 
smallest  number  adequate  to  the  purpose  of  maintaining  positions 
keeping  open  communications  from  the  coast  to  the  interior,  and 
dispersing  the  enemy's  troops  if  they  shall  be  re-erabodied;  but  in 
orcler  to  keep  up  sucJi  a  force  we  shoidd  rcquue  a  nominal  organi- 


172 


THE  TEN  REGIMENT  BILL. 


[Wednesday, 


zation  of  al  least  forty  thousand  men.  willi  rnll  iliii-ty  llimisand 
under  pay.  The  ^'cneral  slafT,  the  twenty-live  re^'imenis  of  rctiulars 
nrAv  in  service,  and  the  ten  new  re'^irnents  ]»ropos('d  I>y  liie  lull, 
■will  nearly  constitute  sueli  a  loreCiand  \vli<-n  the  latter  shall  be  raised 
and  brnuiiht  into  the  tield,  a  portion  of  the  volunteers  may  be  dis- 
ehar','ed,"ir  it  shall  be  found  jirndent  to  do  so.  Many  of  the  rccj- 
menls  are  greatly  redneed  in  numbers,  anil,  as  1  understand,  are 
anxious  to  return  home.  I  doul)t  now  whether  there  are  more  tlian 
twenty-five  thousand  cfleetive  men  in  all  Mexieo,  thoujrh  the  rolls 
show  over  forty  thousand.  (General  Cass,  Chairman  r)l  the  Com- 
mittee on  Military  Alfairs.  here  said,  the  Adjutant  General  wasol 
opinion  that  thev 'did  not  exceed  2.1,000.)  Some  ol  the  returns, 
on  which  the  Adjutant  General's  report  is  lonnded,  are  ot  as  early  , 
a  date  as  August  last.  It  will  be  reeolleeted  that  last  summer, 
when  there  was  jrreat  anxietv  in  relation  to  (leneral  Scott,  state- 
ments of  the  number  of  his  troops  were  published  here— they  were 
founded  on  the  relurns  in  tlie  Adjutant  General  s  olhce,  and  in  his 
official  reiiort  of  the  battles  before  the  eily  ol  Mexico,  General 
Scott  complained  that  his  force  had  been  L'leatly  overstated.  He 
said  it  had  been  ••'trebled''  in  these  returns,  il  1  recollect  rightly, 
and  that  the  army  had  been  'ilisgusled"  by  the  exaggeration.  The 
returns  of  the  aViny  now  shoukl.  in  like  manner,  be  subjected  to 
"reat  deductions  in  "order  to  obtain  the  real  etlective  force.  If  the 
Ten  regiments  proposed  Iiv  the  bill  are  authorized,  months  will  be 
rccniircd  to  raise  them;  tiiey  -svill  not  jirobably,  as  the  Chairman  of 
the  Committee  on  Military  Alfairs  has  stated,  give  many  more 
than  7000  men,  and  ill  the  mean  time  the  army  will  become  eon- 
stanllv  diminished  by  the  casualties  of  service.  For  these  reasons, 
and  for  those  iriven^ind  so  ably  given — some  days  since  by  my 
honorable  frieiid  from  Mississippi,  (Mr.  Davis,)  I  support  the  bill. 
I  support  it. lor  another  reason  which  has  governed  me  from  the 
commencement  of  the  war  :  to  place  at  the  control  of  the  Execu- 
tive the  men  and  measures  deemed  necessary  to  bring  it  to  an 
honorable  termination. 

As  hostilities  are  now  suspended,  the  chief  province  of  the  army  will 
be  to  maintain  internal  tiaiuinillily,  support  the  civil  autlioritics  in 
the  execution  of  the  laws,  to  free  the  country  from  the  robber  and 
guerrilla  bands  by  which  it  is  infested,  and  subserve  the  great 
purjioses  of  government  by  affording  security  to  liberty,  property 
and  life — a  security  tlie  Mexicans  have  not  often  fully  enjoyed. 
The  very  exercise  of  these  beneficent  agencies  will  tend  to  disarm 
hostility  toward  us  with  the  thinking  portion  of  the  population. 
It  will  place  our  armies  in  a  most  favorable  contrast  with  hers, 
which  have  been  scourires  rather  than  protectors  to  their  own 
countrymen.  I  would,  if  possible,  have  no  more  bloodshed.  I 
would  make  our  armies  the  p-^otcctors,  not  tlie  enemies,  of  the 
Mexican  people,  and  render  them  subservient  to  the  eradication  of 
abuses  and  to  the  instiliition  of  a  better  civil  administration  under 
Mexican  magistrates,  abstaining  from  all  interference  with  the 
frame  of  the  government,  and  changing  hi  its  action  only  what,  by 
univers'al  consent,  requires  to  be  changed.  If  this  course  were  to 
be  adopted  and  steadily  pursued,  I  should  earnestly  hope  its  effect 
would  be  at  no  distant  time  to  make  the  capital,  under  our  protec- 
tion, the  centre  of  an  influence,  which  would  lead  to  there-estab- 
lishment of  the  federative  .system  on  a  tliirable  basis,  and  give  to 
that  distracted  country  the  settled  order,  which  is  alone  necessary 
to  m-ake  her  happy  and  prosperous. 

To  abandon  the  City  of  Mexico  would  I  fear  put  an  end  to  all 
these  prospects  and  hopes.  That  city  is  the  political,  as  well  as  the 
financial  centre  of  the  Republic,  it  is  there  governments  have 
been  instituted  and  deposed,  armies  levied,  revenue  systems 
devised  and  carried  into  execution.  So  long  as  we  hold  it  and  con- 
trol the  adjoining  districts,  I  believe  nothing  but  imprudence  or 
mismanagement  can  raise  up  a  formidalile  opposition  to  us.  If  we 
abandon  it,  all  the  i-esources  of  the  country,  which  it  commands, 
will  again  be  at  the  control  of  its  rulers,  to  be  employed  against 
us  in  the  renewal  of  active  hostilities.  Before  it  was  captured, 
energetic  mnvenients  seemed  to  me  our  true  policy.  Now  that 
it  is  in  our  undisputed  possession,  our  leading  object  should  be, 
to  introduce  better  commercial  and  financial  svstenis,  and  let 
them  work  out  under  our  protection,  their  legitimate  results. 

Great  (pialitis  are  necessary  in  him,  who  is  charged  with  the 
execution  of  these  delicate  and  respiiri>iblc  functions.  He  should 
have  prudence,  self-control,  a  knowledi;e  of  civil  affairs,  of  the 
country,  of  the  people,  and  their  ehariieler,  and,  if  possible,  their 
language.  Established  institutions,  existing  u.sagcs,  .sometimes 
prejudices  even  must  be  respected.  Some  of  the  "most  disastrous 
reverses,  which  have  befallen  armies  of  occupation,  have  had  their 
origin  in  violations  of  the  prevailing  eustoius  and  h'clings  of  the  peo- 
ple. To  avoid  this  fatal  error,  everythinu' depends  on  the  discre- 
tion and  wisdom  of  the  directing  authority. 

It  may  be  that  all  rcas.mable  expectations  will  be  disappointed, 
that  the  hostility  ol  Mexico  v/M  prove  unappeasable,  that  she  will 
prefer  the  political  disorganization,  which  now  exists,  to  an  amiea. 
fde  arragement  with  ns.  If  so.  eireiimstanees  must  dictate  the 
course  to  be  pursued  when  this  conviction  shall  be  for'ccd  on  us. 
But,  sir,  let  us  not  adopt  such  a  conclusion  hastily.  Let  us  rely 
on  the  influence  of  rational  motives  to  give  us  peace. 

And  now,  sir,  I  submit  whether  this  course  bad  not  better  be 
pursued  for  a  while,  if  I  am  right  in  supposing  the  temporary  oc- 
cupation of  Mexico,  under  discreet  olHcers,  may  lead  to  a  stable 
peace,  rather  than  to  withdraw  iMir  forces,  and  leave  the  adjust- 
ment of  ditiiculties  to  tlii!  un(.*crtain  chance  of  a  restoration  of  ;i 
responsible  goveriiinent,  to  be  icriniinitcd  at  last,  perhaps,  by  the 
renew(;d  arbitrament  of  arms. 

I  have  thus  stated  with  frankness  ihu  views  I  entertain  in  respect 


to  the  future  conduct  of  the  war.  Notwithstanding  the  anxious  con- 
sideration I  have  given  to  the  subject,  they  may  be  erroneous.  It 
is  a  ([uestion  of  great  difficulty,  on  which  differences  of  opinion 
may  well  exist,  and  on  which  a  mistaken  course  of  policy  may 
lead  to  the  most  unpleasant  consequences.  Whatever  faith  I  may 
entertain  in  llie  soundness  of  the  opinions  I  have  advanced,  I  cer- 
tainly should  have  more  if  they  were  not  totally  at  variance  with 
those  of  gentlemen  possessing,  from  longer  experience,  much 
higher  claims  than  myself  to  public  confidence.  But  I  have  not  on 
this  account  thought  proper  to  withhold  them,  knowing  as  we  do 
that,  from  the  very  contrariety  and  conflict  of  thought  and  convic- 
tion, valuable  deductions  may  sometimes  be  drawn. 

Mr.  I'residcnt,  I  feel  that  I  have  already  trespassed  on  the 
indulgence  of  the  Senate  too  long;  but  I  ara  unwilling  to  close 
without  asking  its  attention  for  a  very  few  moments  to  some  con- 
siderati^lls  connected  with  our  future  giowth  and  progress,  and 
with  the  infiuenee  we  must,  in  spite  of  ourselves,  exert  over  the 
destinies  of  Mexico.  They  arc  no  new  opinions  :  they  have  been 
expressed  years  ago,  both  in  public  and  private. 

Sir.no  one  who  has  paid  a  moderate  degree  of  attention  to  the  laws 
and  elcnietns  of  our  increase,  can  doubt  that  our  population  isdeslin- 
cd  to  spread  itself  across  the  American  continent,  filling  up,  with 
more  or  Mss  completeness, according  to  attraction  of  soil  and  climate 
the  space  that  intervenes  between  the  Atlantic  and  Pacific  oceans. 
This  eventual,  and,  perhaps,  in  the  order  of  time,  this  not  very 
distant  extension  of  our  seltlcmcnts  over  a  tract  of  country,  with 
a  diameter,  as  we  go  westward,  greatly  disproportioned  to  its 
leniith,  becomes  a  subject  of  the  highest  interest  to  us.  Dn  the 
whole  extent  of  our  northern  flank,  from  New  Brunswick  to  the 
point  where  the  northern  boundary  of  Oregon  touches  the  Pacific, 
we  are  in  contact  with  British  colonists  having,  for  the  most  part, 
the  same  common  origin  with  ourselves,  but  controlled  and  moulded 
by  political  influences  from  the  ea,stern  hemisphere,  if  not  adverse, 
certainly  not  decidedly  friendly  to  us.  The  strongest  tie  which  can 
be  relied  on  to  bind  us  to  mutual  offices  of  friendship  and  good 
nciahborhood,  is  that  of  commerce;  and  this,  as  we  know,  is  apt 
to  run  into  rivalry,  and  sometimes  becomes  a  fruitful  source  of 
alienation. 

From  our  nor'hern  boundary  we  turn  to  our  southern.  'What 
races  are  to  border  on  us  here,  what  is  to  be  their  social  and  politi- 
cal character,  and  what  their  means  of  annoyance  ?  Arc  our  two 
frontiers,  only  seven  parallels  of  latitude  apart  when  we  pass 
Texas,  to  be  flanked  by  settlements  haying  no  common  bond  of 
union  with  ours  ?  Our  whole  southern  line  is  conterminous, 
throughout  its  whole  extent,  with  the  territories  of  Mexieo,  a  large 
portion  of  which  is  nearly  unpopulated.  The  geographical  area  of 
Mexico  is  about  1,7IX).()00  square  miles,  and  her  population 
.something  more  than  7,1100,000  souls.  The  whole  northern 
and  central  portion,  taking  the  26th  parallel  of  latitude 
as  the  dividing  line,  containing  more  than  1,200.000  square 
miles,  has  about  750,000  inhabitants,  about  two  inhabitants 
to  three  square  miles.  The  southern  portion,  with  less 
than  500,000  square  miles,  has  a  population  of  about  six  and  a 
half  nullions  of  souls,  or  thirteen  inhabitants  to  one  square  mile. 
The  aboriginal  races,  which  ocflipy  and  overrun  a  portion  of  Cali- 
fornia and  New-  Mexico,  must  there,  as  everywhere  else,  give  way 
to  the  advancing  wave  of  civilization,  cither  to  bo  overwhelmed 
by  it,  or  to  be  driven  upon  perpetually  contracting  areas,  where 
from  a  diminution  of  their  accustomed  sources  of  subsistence,  they 
must  soon  become  extinct  by  force  of  an  invincible  law.  We  see 
the  operation  of  this  law  in  every  portion  of  this  continent.  We 
have  no  power  to  conlTol  it.  if  we  would.  It  is  the  behest  of 
Providence  that  idleness  and  ignorance,  and  barbarism,  shall  give 
place  to  industry  and  knowledge,  and  civilization.  The  European 
and  mixed  races,  which  possess  Mexico,  are  not  likely,  either  from 
moral  or  physical  enersiy,  to  become  formidable  rivals  or  cncraics 
The  hold  and  coiirogeous  enterprise,  which  overran  and  conquered 
Blexieo,  ajipears  not  to  have  descended  to  the  present  possessors 
of  the  soil.  Either  from  the  influence  of  climate  or  the  admixture 
of  races,  (the  fusion  of  castes,  to  use  the  technical  phrase,)  the 
conquerors  have,  in  turn,  become  the  conquered.  The  ancient 
Castilian  enersy  is.  in  a  great  degree,  subdued:  and  it  has  given 
phice,  with  many  other  noble  traits  of  the  Spanish  character,  to  a 
pecuharitv,  which  seems  to  have  marked  the  race  in  thatcotmtry, 
under  whatever  combinations  it  is  found — a  proncness  to  civil 
discord,  and  a  suicidal  waste  of  its  own  strength. 

With  such  a  territory  and  such  a  people  on  our  southern  bor-' 
der.  what  is  to  be  the  inevitable  course  of  empire  (  It  needs  no 
powers  of  prophecy  to  foretell.  Sir,  I  desire  to  speak  plainly. 
Why  shrnild  we  not,  when  we  are  discussing  the  operation  of  moral 
and  jihvsieal  laws,  which  are  beyond  our  control  ?  As  our  popu- 
lation moves  westward  on  our  own  territory,  portions  will  cross 
our  southern  boundary.  Settlements  will  be  formed  within  ihc 
unoccupied  and  sparsely  peopled  territory  of  Mexieo.  Uiiconge- 
nial  liabits  and  tastes,  diflcrenccs  of  political  opinion  and  princi- 
jile,  and  numberless  other  elements  of  diversity  will  lead  to  a  sep- 
aration of  these  newly  formed  societies  from  the  inclfieient  govern- 
ment of  Mexico.  Tliev  will  not  endure  to  be  held  in  subjection 
to  a  system,  which  neither  yields  them  protection,  nor  offers  any 
incentive  to  their  proper  development  and  growth.  They  will 
form  independent  States  on  the  basis  of  constitutions  identical  in 
all  their  leadiiiL'  features  with  our  own;  and  they  wiU  naturally 
.seek  to  unite  their  fortunes  to  onrs.  The  fate  of  California  is  al- 
ready sealed:  it  can  never  be  re-united  to  Mexieo.  The  operation 
of  the  great  causes,  to  which  I  have  alluded,  must,  at  no  distant 
day,  detach  the  whole  of  northern  Mexico  from  the  souihcrn  por- 


Janu 


ARY 


26.] 


THE  TEN  REGIMENT  Uliu'L 


173 


lion  of  that  republic.  It  is  lor  the  very  reason  that  Mexico  is  in- 
capable of  defending  her  possessions  aijainst  the  elements  of  dis- 
order within  and  the  pro<;rcss  of  better  influences  from  without,  that 
I  desire  to  see  the  inevitable  political  clianf;<',  which  is  to  be  wrought 
in  the  condition  of  her  northern  departments,  brouijht  about  without 
any  improper  interference  on  oiu:  part.  I  do  not  speak  of  our  mil- 
itary movements.  I  refer  to  the  time  when  our  dillieulties  with  her 
shall  be  healed,  and  when  she  shall  be  left  to  the  operation  of  pacific 
influences — silent,  but  more  powerful  than  the  arm  of  force.  For 
the  reason  that  she  is  defenceless,  if  for  no  other,  I  should  be  op- 
posed to  all  schemes  of  conquest.  Acquisition  by  force  is  the  vice  of 
arbitrary  governments  I  desire  never  to  see  it  the  reproach  of  ours. 
For  the  .sake  of  the  national  honor,  as  well  as  the  permanency  of 
our  political  institutions,  I  desire  not  to  see  it.  The  extension  of 
free  government  on  this  continent  can  onlv  bo  arrested,  if  arrested 
at  all,  by  substituting  war  for  the  arts  of  peace.  Leave  it  to  it- 
•  self,  and  nothing  can  prevent  the  progress  of  our  population  across 
the  continent.  Mr.  Jefferson,  with  his  pi-ophetie  forecast,  foretold 
this  result  forty  years  ago.  He  prophecicd  the  peaceful  progress 
of  our  people  to  the  Pacific.  He  foresaw  them  formmg  new  set 
tleme'nts,  and,  when  strong  enough  to  maintain  themselves,  orga- 
nising intlependent  societies  and  governing  themselves  by  constitu- 
tions and  laws  analagous  to  our  own.  It  is  true,  he  believed  the 
area  of  freedom  might  be  enlarged,  advantageously  to  ourselves 
any  others,  without  extending  to  the  same  broad  limits  the  area  of 
oiu"  jurisdiction.  It  was  the  proaress  and  the  triumph  of  great 
principles  of  political  right,  to  which  his  philosophical  mind  in- 
stinctively turned  as  to  the  legitimate  aim  and  bounnary  of  our  am- 
bition and  desires.  Since  his  day  the  public  mind  in  this  country 
has  greatly  outrun  his  anticipations  ot  our  progress.  It  looks  to 
the  extension  of  eur  constitution  and  laws  over  regions  which  were 
formerly  considered  beyond  our  reach  as  integral  portions  of  the 
same  system  of  government.  Modern  improvements  have  given 
great  strength  to  this  prevailing  sentiment.  It  is  possible  by  steam 
power,  if  we  can  succeed  in  making  the  proper  application  of  i(, 
over  so  broad  a  surface,  to  reach  the  Pacific  ocean  from  Lake  Mi- 
chigan, or  the  Mississippi,  in  eight  or  nine  days — a  period  of  time 
less  than  that,  which  was  required  to  travel  from  Boston  to  Phila- 
delphia, when  the  Congress  of  the  American  colonies  first  assem- 
bled in  the  latter  city.  Under  these  circumstances  the  extension 
ol  our  political  boundary  so  as  to  embrace  all  territory  we  may 
justly  call  our  own,  seems  no  longer  to  be  considered  a  questiona- 
ble policy.  If  other  districts,  not  now  within  the  territories  of  the 
Union,  shall  found  independent .  governments  and  shall  desire  to 
unite  themselves  to  us  on  terms  mutually  acceptable,  it  is  a  ques- 
tion which  concerns  only  them  and  us,  and  in  wliicii  no  stranger 
can  bo  permitted  to  intrude.  When  the  time  comes  for  the  settle- 
ment of  any  sncli  questions,  they  will  doubtless  lie  considered  with 
all  the  solemnity  which  belongs  to  propositions  involving  the  pub- 
lie  welfare.  To  those  with  whom  the  decision  belongs  let  us  leave 
them,  with  the  assurance  that  the  wisdom  which  has  governed  and 
guided  us  so  long,  will  still  point  out  to  us  the  path  of  liberty, 
tranipiillity  and  safety. 

One  position  we  have  assumed,  and  I  trust  it  will  be  maintained 
with  inflexible  firmness,  that  no  power  beyond  this  continent  can 
be  permitti'd  to  interfere  with  our  progress,  so  long  as  there  is  on 
our  part  no  violation  of  its  own  rights.  I  would  resist,  at  the  out- 
set, as  matter  of  the  gravest  olTenco,  all  indications  of  such  inter- 
ference If  the  abstract  right  could  be  asserted  on  grounds  of  in- 
ternational law,  there  has  been  nothing  in  the  nature  of  our  exten- 
sion, or  the  means  by  which  it  has  been  accomplished,  to  warrant 
its  application  to  us.  From  the  formation  of  our  government,  for 
nearly  three-quarters  of  a  century,  military  power — brute  force — 
has  had  no  agency  in  the  conquests  we  have  achieved.  We  have 
overrun  no  provinces  or  countries  abounding  in  wealth.  Our  cap- 
ital has  witnessed  no  triumphal  entries  of  returning  armies  bearing 
with  them  the  spoils  and  trophies  of  conc]uest.  Our  ships  have 
not  been  seen  returning  from  subjugated  districts,  freighted  with 
the  tributes  of  an  extended  commerce.  In  the  extension  of  our 
commercial  intercourse,  we  have  not,  like  our  Anglo-Saxon  mo- 
ther, been  seen  hewing  down  with  the  sword,  with  unrelenting  and 
remorseless  determination,  every  obstacle  which  opposed  itself  to 
her  progress.  Our  career  thus  far  has  been  stained  by  no  such  com- 
panionship with  evil.  Our  conquets  have  been  the  peaceful  aehieve- 
ments  of  enterprise  and  indiistrj- — the  one  leading  the  way  into  the 
wilderness,  the  other  following  and  comiileting  the  acquisition  by 
the  formal  .symbols  of  occupancy  and  possession.  They  have  look- 
ed to  no  objects  beyond  the  conversion  of  uninhabited  wilds  into 
abodes  of  civilization  and  freedom.  Their  only  arms  were  the  axe  and 
the  ploughshare.  The  accumulations  of  wealth  they  have  brought 
were  all  extracted  from  the  bosom  of  the  earth  by  the  unofl'cnding 
hand  of  labor.  If,  in  the  progress  of  our  people  westward,  they 
shall  occupy  territories  not  now  our  own,  but  to  become  ours  by 
amicable  arrangements  with  the  governments  to  which  they  belong, 
which  of  (he  nations  of  the  earth  shall  venture  to  stand  forth,  in 
the  face  of  the  civilized  world,  and  call  on  us  to  pause  in  this  great 
work  of  human  improvement  ?  It  is  as  much  the  interest  of  Eu- 
rope as  it  is  ours,  that  we  shonld  be  permitted  to  follow  undisturb- 
ed the  path  which,  in  the  allotment  of  national  fortunes,  we  seem 
appointed  to  tread.  Our  country  has  long  been  a  refuge  for  those 
who  desire  a  larger  liberty  thanthev  enjoy  under  their  own  rulers. 
It  is  an  outlet  for  the  political  disaffection  of  the  Old  World — for 
social  elements  which  might  there  have  become  sources  of  agitation, 


but  which  are  here  silently  and  trnn(|uilly  incorporated  into  our 
system,  ceasing  to  be  principles  of  disturbance  as  they  attain  the 
greater  freedom,  which  was  the  object  of  their  separation  from 
less  congenial  combinations  in  olher  quarters  of  the  globe.  Nay 
more.  It  is  into  the  vast  reservoir  of  the  western  wilderness,  teem- 
ing with  fruitfulness  and  fertility,  that  Europe  is  constantly  pouring, 
under  our  protection,   her  human  surplusses,  unable  to  draw  from 

her  own  bosom  the  elements  of  their  support  and  reproduction. 

She  is  literally  going  along  with  us  in  our  march  to  prosperity 
and  power,  to  share  with  us  in  its  triumphs  and  its  Iruits. 
Happily,  this  continent  is  not  a  legitimate  theatre  for  the  political 
arrangements  of  the  sovereigns  ofthe  eastern  Hemisphere.  Their 
armies  may  range  undisturbed  by  us  over  the  plains  of  Europe, 
Asia,  and  Africa,  dethroning  monarchs,  partitioning  kingdoms  and 
subvertmg  republics  as  interest  or  caprice  may  dictate.  But  polit- 
ieal  justice  demands  that  in  ore  quarter  of  the  globe  self-govern- 
ment, freedom,  the  arts  of  peace,  shall  bo  permitted  to  work  out, 
unmolested,  the  great  purposes  of  human  civili/,ation. 

Mr.  President:  I  trust  there  will  be  nothing  in  the  final  adjust- 
ment of  our  dillieulties  with  Mexico  to  impair,  in  any  degree,  the 
moral  of  our  example  in  the  past.  Our  course,  heretofore,  has 
been  one  of  perpetual  exertion  to  bring  about  an  amicable  arran"e- 
ment  witli  her.  I  trust  we  shall  persevere  in  the  same  course  of 
conduct,  whatever  unwillingness  she  may  exhibit  to  come  to 
terras.  Entertaining  the  opinions  which  I  have  expressed,  I  na- 
turally feel  a  deep  solicitude,  as  an  American  citizen,  that  our 
public  conduct  should  comport  with  the  dignity  of  the  part  we 
seem  destined  to  perform  m  the  great  drama  of  international 
politics.  I  desire  to  see  our  good  name  unsullied,  and  the  cha- 
racter we  have  gained  for  moderation,  justice  and  scrupulous- 
ness in  the  discharge  of  our  international  obligations,  maintained 
unimpaired.  In  these  let  us  be  assured  our  great  strength  con- 
sists; for  it  is  these  which  make  us  strong  in  the  opinion  of  man- 
kind. 

In  what  I  have  said  concerning  the  progress  of  our  people  over 
the  unpopulated  regions  west  of  us,  and  in  respect  toimr  responsibili- 
ties as  a  nation,  I  tru.st  I  shall  have  incurred  no  imputation  of  incon- 
sistency. On  tlic  contiary,  I  trust  I  shall  be  considered  consistent 
in  all  I  have  said.  I  regard  our  extension,  as  I  have  endeavoured 
to  foreshadow  it,  to  be  the  inevitable  result  of  causes,  the  opera- 
tion of  which  it  is  not  in  our  power  to  arrest.  At  the  same  time,  I 
hold  it  to  be  our  sacred  duty  to  see  that  it  is  not  encouraged  or 
promoted  by  improper  means.  While  I  should  consider  it  the  part 
of  weakness  to  shrink  from  extension,  under  the  apprehension  that 
it  might  bring  with  it  the  elements  of  discord  and  disunion,  as 
our  political  boundaries  arc  enlarged,  I  should  hold  it  to  be 
the  part  of  folly  and  dishonor  to  attempt  to  acceler,atc  it  by 
agencies  incompatible  with  our  obligations  to  other  nations.  It  is 
the  dictate  of  wisdom  and  of  duty,  to  submit  ourselves  to  the  opera- 
tion  ofthe  causes,  which  are  at  work,  and  which  will  work  on  in 
spite  of  us,  in  carrying  civilization  and  freedom  across  the  Ameri- 
can continent. 

In  advocating  a  continued  occupation  of  the  cities  and  territory 
we  have  acquired  in  Mexico,  until  she  shall  assent  to  reasonable 
terms  of  peace,  I  trust  also  that  I  shall  be  deemed  consistent  with 
myself.  Deprecating  war  as  the  greatest  of  calamities,  especially 
for  us,  I  desire  to  see  this  war  brought  to  a  close  at  the  earliest 
practicable  day.  I  am  in  favour  of  whatever  measures  are  most 
likely  to  accomplish  this  desirable  end.  I  am  opposed  to  an 
abandonment  of  our  position: 

1st.  Because  I  believe  it  would  open  a  field  of  domestic  dissension 
in  Mexico,  which  mr\y  be  fatal  to  her  existence  as  an  independent 
state,  or  make  her  take  refuge  in  the  arms  of  despotism  ; 

2d.  Because  it  might  lead  to  external  interference  in  her  afl'airsof 
the  most  dangerous  tendency  both  to  her  and  us  ;  and 

3d.  Because  I  fear  that  we  should  only  gain  a  temporary  sus- 
pension of  hostilities,  to  be  renewed  under  great  disadvantai^es  to 
us,  and  with  every  prospect  of  a  longer  and  more  sanguinary 
contest. 

Mr.  President :  It  is  this  last  consideration  which  weighs  most 
heavily  upon  my  own  mind.  I  hold  it  to  be  indispcnsabfe  to  the 
public  welfare,  under  all  its  aspects,  that  we  should  have  at  the 
termination  of  this  contest,  a  solid  and  stable  peace.  Unpromisinrr 
as  the  condition  of  things  seems  at  the  present  moment,  my  hope 
still  is,  that  Hrmness  tempered  with  prudence,  will  give  us,  not  :i 
mere  outward  pacification  with  secret  irritation  rankling  within, 
but  substantial  concord  and  friendship,  which  shall  leave  no  wound 
unhealed.  We  should  be  satisfied  witli  nothing  short  of  an  accom- 
modation of  differences,  which  will  enable  the  country  wiih  confi- 
dence to  lay  aside  its  armor,  and  to  resume  the  peaceful  pursuits, 
to  which,  by  the  inexorable  law  of  our  condition,  we  must  look  for 
prosperily  and  safety. 

My  advice  then,  (if  I  may  presume  to  advise,)  is  to  stand  firm, 
holding  ourselves  ready  at  all  times  to  make  peace,  and  carrying 
into  our  negotiations  for  that  purpose  a  determination  to  cement  a 
future  good  understanding  with  our  adversary,  by  an  adjustment  of 
our  diflijrcnces  on  terms  of  justice,  moderation,  and  magnanimity. 

Mr.  PHELPS  indicated  a  w'sh  to  address  the  Senate,  but  the 
hour  being  late, 

On  motion. 

The  Senate  adjuiiriicd. 


174 


PETITIONS— RESOLUTIONS. 


^Thursday, 


TTTTTRSDAY,  JANUARY  27    1848 


REPORTS    FROM  DEPARTMENTS. 

The  VICK  PRESIDENT  laid  boforo  tlic  Sonatc  a  rcpmi  of  ihe 
Secretary  of  State,  made  a^rcniiljly  tn  law,  with  an  abstract  of  re- 
turns  of  American  seamen  reijistered  during'  the  year  cndinc  the 
30lh  September,  1847;  which  was  ordered  to  be  printed. 

Also,  a  report  of  the  Secretary  of  War,  made  acrceably  to  law. 
showing  the  expenditures  for  the  contingent  expenses  of  the  mili- 
tary establishment,  during  the  year  J847;  which  was  ordered  to  be 
printed. 

PETITIONS. 

Mr.  UNDERWOOD  presented  the  meinorial  of  the  Board  of 
Managers  of  the  American  Indian  Mission  Association,  praying 
the  adoption  of  mensiircs  f(ir  iniproviiii,'  the  condition  of  the  various 
Indian  tribes;  which  was  referred  to  tlic  Committee  on  Indian  Af- 
fairs. 

Mr.  BENTON  pre.sented  the  petition  of  John  Charles  Fremont, 
prayini;  an  investisatinn,  by  a'eommittee,  into  claims  on  the  gov- 
erment,  originating  in  California,  partly  in  the  establishment  of 
the  independence  of  California,  before  the  war  with  Mexico  was 
known,  and  partly  since  in  carrying  on  military  operations  under  the 
authority  of  the  United  States,  and  afterwards  in  supporting  the 
civil  government  there. 

i  or  part  of  these  claims  he  said  that  the  drafts  drawn  bv  the 
petitioner  had  been  protested,  and  for  these  and  other  claiiiis  the 
Secretary  of  War  had  answered  that  ''special  legislation  was  ne- 
cessary. For  this  special  legislation  the  present  petition  was 
presented,  and  it  asked  the  speedy  action  of  Congress  that  the 
far  distant  claimants  might  not  wait  too  long  for  tardy  justice. 
I'he  claims  were  meritorious;  they  were  for  personal  services 
rendered  in  war — for  supplies  furnished — for  sacrifices  made,  and 
all  in  a  spirit  of  patriotism  and  honor.  They  had  given  Cali- 
fornia to  the  United  States,  and  the  gift  was  worth  infinitely  more 
than  the  cost  even  when  all  just  claims  were  paid,  and  all  justice 
done  to  the  settlers.  The  nature  and  amount  of  the  claims  requi- 
red a  careful  investigation:  the  good  should  be  paid  at  once:  the 
bad  should  be  silenced  forever;  and  now  is  the  tiino  to  do  it.  The 
petition  asked  the  establishment  of  a  commission  in  California,  to 
audit  and  allow  the  claims,  the  amounts  to  be  paid  there  to  the 
claimants  by  the  proper  officers  of  the  pay,  the  (piartermaster,  and 
the  commissary  deparUnents.  Auditing' the  accounts  ^Acre,  and 
payment  there,  were  the  groat  points  of  security  both  to  the  gov- 
ernment and  the  claimants.  Nothing  .should  bo 'paid  at  Washmg- 
ton  to  agents  or  speculators:  none  but  claimants  in  their  own  per- 
sons should  be  paid  at  Washmgton. 

To  go  to  paying  claims  here  woidd  open  the  dour  to  unbounded 
fraud,  which  would  not  be  closed  in  (en,  nor  twenty,  nor  filty 
years.  He  believed  he  might  say  seventy. live  years;  for  Con- 
gress was  now  paying  revolutionary  claims  of  that  age  ;  and 
the  California  claims,  if  allowed  to  fall  into  the  hands  of 
agents  and  speculators,  would  be  a  rich  mine  to  be  explored  for  a 
long  time,  and  the  longer  the  richer,  especially  after  the  death  of 
Mr.  Fremont.  The  establishment  of  a  commission,  to  act  on  the 
spot,  was  the  proper  way  to  do  justice  anil  prevent  frauds  in 
future.  The  petition  avowed  that  ihe  petitioner  knew  almost  ev- 
ery tran.saetion  on  which  a  liability  of  the  United  States  could 
arise.  Where  he  did  not  know  the  '  transaction  liimself,  he  knew 
the  men  who  did,  and  they  could  be  efpially  prompt  and  correct, 
belore  a  commission,  in  verifying  an  honest  claim  and  deteetin"  a 
false  one.  ° 

What  the  petition  specially  asked  was  that  the  committee 
to  be  eharf^ed  with  the  question,  should  take  evidence  on  the  .spot, 
to  ascertain  the  general  nature  and  the  general  amount  of  the 
•  claims,  with  a  view  to  judge  the  necessity  of  a  oommi.ssion  and 
ol  the  amount  ol  Hie  appropriation  necessary  to  bo  made.  For 
this  purpose  the  petition  asked  that  the  testimony  of  persons  now 
in  the  city,  might  be  taken  on  oath,  and  reported  to  Con<r,-e.ss  as 
a  guide  to  its  action.  Evidence  enou..d,  was  now  in  tlie  city  to  en- 
lighten Congress  on  these  points.  Mditary  and  naval  officers 
were  now  in  the  city,  who  knew  the  genc.ra'l  eh-,ra,:ter  and  the 
probable  aggregate  amount  of  these  claims.  Citizens  ol  Califor- 
nia, ol  character,  and  not  interested  in  the  claims  were  also  pres- 
ent. Their  tcstimonv  could  i-asily  be  obtained  ;  an,l  the  petition 
praved  that  they  should  be  summoned  and  examined 

He  then  presented  three  reasons  why  the  cour.se  in  settlin.- 
Ihe  claims  should  be  adopted  which  the  iictition  reeommends'"- 
First,  Justice  to  the  claimants,  who.  unless  they  were  paid  at 
home,  would  become  the  prey  of  agents  and  spccula'tors.  Secondly 
Justice  to  the  United  States,  which,  unless  it  .settled  face  to  face 
with  the  claimants,  and  closed  up  the  business  at  once,  would  have 
to  pay  false  claims  for  indcfmito  lime.  False  claims'  would  cost 
less  to  the  speculator  than  true  ones;  oven  the  true  would  bo  "ot 
at  half  price  or  less,  but  the  false  much  lower;  and,  when  depend- 


ant upon  vouchers  here,  the  f\ilse  ami  the  true  would  be  about  on 
an  equal  footing.  Thirdly,  Justice  to  Mr.  Fremont  himself.  This 
.justice  was  of  a  twofold  character — one  to  his  purse,  the  other  to 
his  reputation.  He  was  already  under  protest  for  large  sums  and 
expected  more— $40,000  or  $.^i),000  in  the  whole.  He  was  also 
liable  for  what  was  got  from  the  inhabitants  for  the  troops  under 
his  command,  both  under  the  revolutionary  movement  for  inde- 
pendence, and  afterwards,  when  the  war  was  carried  on  for  the 
ilircct  benclit  of  the  United  States,  it  having  also  got  the  beneHt 
ol  the  revolutionary  movement.  Justice  to  his  reputation  required 
the  course  he  recommended.  In  no  other  way  could  false  claims 
be  prevented  from  rising  up  to  be  charged  to  his  operations.  In 
no  other  way  could  his  reputation  be  .shielded  from  false  accounts, 
lounded  on  false  charges  of  his  having  "taken  property  forcibly" 
Irom  the  people.  Eitiier  of  these  reasons  ought  to  be  sufficient 'to 
have  tlic  commission  established,  and  the  business  closed  up  at 
once  :  the  three  put  together— justice  to  the  claimants,  to  the  pub- 
lic treasury,  and  to  the  reputation  of  Mr.  Fremont— he  hoped 
would  be  sufficient,  not  merely  to  secure  a  reference  of  the  petition 
to  the  proper  committee,  (the  Military,)  but  also  to  authorize  the 
establishment  of  the  commission  which  was  prayed  for. 

The  petition  was  referred  to  the  Committee  on  Military  Affairs. 

Mr.  CRITTENDEN  presented  the  petition  of  George  Poin- 
dexter,  praying  compensation  for  the  occupation  and  use  of  his 
property  by  volunteers  mustered  into  the  service  of  the  United 
States;  which  was  referred  to  the  Committee  of  Claims. 

On  motion  by  Mr.  BRADBURY,  it  was 

Ordered,  That  the  documents  relating  to  the  claim  of  John 
Clarke,  on  the  liles  o(  the  Senate,  be  referred  to  the  Committee  on 
Pensions. 


Ordered,  Tliat   the  petition  of  Noah  Miller,  on  the   files  of 
Senate,  be  referred  to  the  Committee  on  Conimerce. 


the 


Ordered.  That  the  .petition   of  Isaac  Davenport,  on  the   files  of 
the  Senate,  be  referred  to  the  Committee  on  Pensions. 

THE   SL.WERY    Q.BESTI0N. 

Mr.  BAGBY  said:  Mr.  President:  The  day  before  yesterday, 
1  had  the  honor  to  present  three  resolutions,  declaratory" of  certain 
fundamental  principles,  with  respect  to  the  truth  and  correctness 
of  which,  I  am  clearly  and  without  a  shadow  of  doubt,  thoroughly 
convinced.  These  resolutions  without  amendment,  alteration  or 
modification,  contain  and  express  the  convictions  of  my  most  deli- 
berate judgment,  upon  the  great  and  delicate  questions  to  which 
they  relate.  They  ilisclaim,  and  deny  the  power  of  Congress, 
and  of  the  treaty  making  power,  to  interfere  with  the  ques- 
tion of  slavery  in  any  state  or  territory  of  this  Union,  or  adopt 
any  limitation,  prohibition  or  restriction,  in  regard  to  slavery  in 
any  territory  hereafter  acquired.  So  far,  so  good.  It  has  occur- 
red to  me  upon  rellection,  however,  that  they  do  not  ))rote..-t  all 
the  points  I  intended  to  secure.  I  hold  in  my  hand,  an  additional 
resolulion,  wliieh.  I  think,  is  necessary  in  order  to  complete  the  sc- 
ries, and  which  is  inlended  to  negative  the  idea  entertained  in 
quarters  entitled  to  great  respect,  that  there  is  a  power  in  the  in- 
habitants of  the  territory,  to  exclude  slavery.  The  resolution  I 
hold  in  my  hand,  declares  that  there  is  no  such  power  in  the  legisla- 
ture, or  the  people  of  a  territory — that  they  po-ssess  no  political 
power,  except  such  ;is  is  conferred  upon  them  bv  the  act  of  Con- 
gress, authorizing  tliem  to  form  a  territorial  government — and 
that  inasmuch  as  C'ongress  does  not  possess  this  power,  they  can- 
not delegate  it  to  the  territories,  or  the  inhabitants  thereof.  "I  ask, 
sir,  that  this  resolution  bo  laid  upon  the  table  and  printed,  and 
when  my  original  resolutions  are  taken  up,  I  shall  move  it  as  an 
amendment. 

Mr.  BAGBY  then  submitted  the  following  resolution;  which 
was  ordered  to  bo  printed  : 

lirsoh-ril,  TliHt  iirillini  the  ])co|]lc  nor  the  Icgisbture  of  a  territory  have  any  con- 
-tioitioiijil  jiowi'i  to  e\t-tiKlc  ^lav('ry  IVoiii  any -sneli  terrilory:  and  llial  tlic  ))eO))lc  or 
Ir^i^lalnre  of  a  toriilory  jiosm'ss  no  otliiT  polilii-al  power  tlian  !.nch  as  is  delegated  to 
tln'ni  t)y  Congress  in  llii'  Jicl  anthorizinp  them  to  form  lerritorial  govern ment;  and  in«s- 
inni;h  as  Conyress  lias  no  jiower  to  exeluile  or  prohibit  slavery  in  any  territory  of  th« 
I'liiled  Slates,  they  eaiinot  delegate  such  a  jiovver  to  the  ie;.Mslatureot'a  territoo"  or  the 
people  tliercof, 

PRE-EMPTION    RIGHTS. 

Mr.  DOWNS  submitted  the  following  resolution;  which  was 
considered,  by  unanimous  consent,  and  agreed  to  : 

Itrsoh-cd,  That  the  Committee  on  I'nblic  Lands  be  instrncted  to  iniiniif .  >vhelher 
by  the  piovisions  of  the  5th  section  of  the  net  of  4th  of  September,  I&4t,enutlod  "An 


January  27. J 


THE  PUBLIC  PRINTING. 


175 


act  to  appropriate  the  proceeds  of  the  sales  of  the  ptihhe  lands,  anil  to  grant  pre-emp- 
tion rights."  the  right  of  pre-emption  was  suspended  hy  the  cotnineneetnent  of  Irostili 
lies  with  Mexico,  and  if  so  in  the  opinion  of  the  committee,  tlien  to  report  a  bill  to 
revive  said  right  of  pre-emption,  to  confirm  all  claims  tliat  have  been  allowed  by  the 
officers  of  the  Land  Office,  under  the  law  as  oiiginally  passeil,  and  to  report  by  bill  or 
otherwise. 


Mr.  YULEE,  from  the  Commillee  on  Naval  Allairs,  to  whom 
was  referred  llie  petition  ol"  Uonjaniin  I.  Calioone,  reported  a  bill 
for  the  relief  of  Pnrser  Benjamin  I.  Cahoone;  wliioh  was  read  and 
passed  to  tlie  second  reading. 

Also,  a  bill  for  the  relief  of  the  widows  and  orjilians  of  the  offi- 
cers, seamen,  and  marines  of  the  briii;  of  war  Somersj  which  was 
read,  and  passed  to  the  soeond  reading. 

TRIV.^TE    nil.LS. 

Mr.  ASHLEY,  from  the  Committee  on  the  Jtidieiary,  to  whom 
was  referred  the  petition  of  Reynolds  May,  siibmilted  a  report, 
accompanied  by  a  bill  for  his  rebel'. 

The  bill  was  read,  and  passed  to  the  second  readinir. 

Ordered,  That  the  report  be  printed. 

RULES  AND  ARTICLES  OF  WAR. 

A^roeably  to  notice,  Mr.  BENTON  asked  and  obinined  leave 
to  brino^  in  a  bill  to  amentl  flic  ^fu'tij-fi/th .  i\iM\  the  itittelij-flrsl,o\' 
the  Rules  anil  Artii^les  of  War  iit  ii-lation  to  the  practice  of  Courts 
Martial  add  Courts  of  Incpiiry,  in  the  army  of  the  United  States; 
which  was  read  the  first  and  second  time,  by  nnaiiimous  consent, 
and  referred  to  the  Committee  on  Military  AflVirs. 

SAMUEL    LEECH.  t 

On  motion  by  Mr.  UNDERWOOD,  the  prior  orders  were  post- 
poned, and  the  Senate  proceeded  to  consider,  as  in  Committee  of 
the  Whole,  the  bill  to  provide  for  the  compensation  of  Samuel 
Leech,  for  services  m  the  investigation  of  suspended  sales  in  the 
Mineral  Point  District,  Wisconsin. 

Mr.  BREESE  called  for  the  reading  of  a  letter  fi-om  the  Com- 
missioner of  the  General  Land  Office,  explainhi'j;  the  merits  of  the 
case,  and  it  was  read  by  the  Secretary. 

No  amendment  being  made,  the  bill  was  reported  to  the 
Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimoits  consent. 

RrsiiU^cd,  That  Ibis  IjiU  pass,  and  thai  llie  title  thereof  be  .'is  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

CLERK   TO    THE    G.OMMITTEE    ON    PRINTING. 

The  Senate  proceeded  to  consider  the  following  resolution,  sub- 
mitted on  the  ^th  instant  by  Mr.  Cameron  : 

fic^rt/iW.  Tliat  the  Committee  on  Printing  be  authorized  to  employ  a  elerli,  to 
whom  the  usual  per  diem  compensation  sliall  be  paid  out  of  the  coniiiigenl  fund  of 
tlie  Senate. 

Mr.  CAMERON  stated  that  tlie  Committee  were  entirely 
unable  to  discharge  their  duties  wit  lont  the  aid  of  a  clerk.  The 
new  law  in  reference  to  the  execution  of  the  public  printing  had 
devolved  an  immense  amount  of  labor  njion  the  Committee,  ren- 
dering the  assistance  which  was  asked  altogether  indispensable. 

Mr.  CLAYTON  did  not  exactly  understand  why  the  Commit- 
tee on  Printing  should  have  a  clerk,  when  other  committees,  whose 
labours  were  arduous,  were  not  allowed  that  assistance.  He  be- 
lieved that  the  Committee  on  Claims  was  the  only  Committee 
which  was  allowed  a  clerk,  but  as  all  knew,  the  amount  of  busi- 
ness devolving  on  that  Committee  was  very  great,  and  much 
writing  had  to  be  done. 

Mr.  CAMERON  said  that  be  had  not  anticipated  the  opposi- 
tion of  the  Senator  from  Delaware.  He  would  read  a  portion  of 
the  law  relative  to  the  public  printing,  from  which  bis  friend  from 
Delaware  would  at  once  jierceive  that  it  was  necessary  that  the 
Committee  should  have  a  clerk.  It  was  their  duty  to  audit  the 
accounts  of  the  contractors  fur  the  public  printinir,  and  it  was  ne- 
cessary to  keep  a  set  of  books.  So  onerous  indeed  were  the  duties 
which  this  Committee  were  called  on  to  discharge,  that  the  gen- 
tleman who  had  been  appointed  Chairman  of  the  Committee  at 
the  commencement  of  the  session,  had  declined  serving,  and  his 
successor  now  talked  of  declining  also.  He  felt  assured  that  when 
the  Senator  from  Delaware  understood  the  real  state  of  the  case, 
he  would  not  oli'er  any  opposition  to  the  resolution. 

Mr.  CLAYTON  replied  that  the  argument  adduced  in  favor  of 
the  appointment  of  a  clerk  for  the  Committee  on  Printing  applied 
with  equal  force  to  all  other  coinnuttees  of  that  body,  espegially 


to  the  committee  whose  duty  it  was  to  audit  the  accounts  of  the 
Senate.  It  was  an  innovation  ;  and  with  all  deference  to  the  Sen- 
ator from  Pennsylvania,  he  could  hardly  suppose  that  there  could 
be  writing  enough  in  that  Committee  to  justjfy  the  appointment  of 
a  clerk.  If  the  committee  were  allowed  a  clerk  the  other  com- 
mittees would,  in  all  probability,  also  be  eventually  supplied  with 
clerks.  It  appeared  to  him  that  the  necessity  of  the  ca^e  was  not 
such  as  to  justify  the  appointment  ol  this  clerk,  and  therefore  lio 
must  oppose  the  resolution.  , 

Mr.  CAMERON  thought  that  the  Senator  from  Delaware  must 
have  forgotlen  that  this  was  a  new  committee,  actinc  under  the 
new  arrangement  for  the  public  printing,  the  entire  supervision  of 
which  devolved  on  them.  Already  there  were  gi-eat  complaints 
about  the  manner  in  which  the  work  had  been  executed.  If  the 
Senate  thought  proper  to  refuse  the  clerk,  he  said  that  he  would 
be  obliged  to  decline  serving  on  the  commiltee. 

Mr.  CLAYTON  suggested  that  the  resolution  might  be  allow- 
ed to  lie  over  informally  till  an  opportunity  had  been  ali'orded  for 
further  investigation 'of  the  subject  If  now  driven  to  a  vote,  he 
most  vote  against  the  resolution. 

Mr.  Cameron  said   that  he  preferred  a  division  on  the  question 


The  question  was  then  put,  and  on  a  division — twenty  voting  in 
ihc  alliruiative,  noes  not  counted — the  resolution  was  adopted. 

JESSE    E.    DOW. 

The  Senate  proceeded  to  considei  the  following  resolution,  sub- 
mitted by  Mr.  Dickinson  on  the  20lh  instant,  and  it  was  agreed 
to  : 

Restifneif,  Thai,  Jesse  E.  Dow  he  admitted  to  a  seat  in  the  Reporter's  gallery,  from 
which  he  was  e.vcluded  by  an  order  of  the  Senate  of  Ifjrli  March,  IHIti. 

THE    PUBLIC    PRINTING. 

The  Senate  proceeded  to  consider  the  following  resolution,  sub- 
mitted by  Mr.  Ashley,  on  the  19tb  instant  ;  which  was  moditied 
by  the  mover,  .so  as  to  read  as  follows  : 

Jit'sofveil,  That  the  Committee  on  Printing  tie  instrncted  to  inquire  int-j,  and  r.^por! 
to  the  .Senate,  the  manner  in  which  the  priming  of  the  Senate  has  been  executed; 
whether  it  has  been  done  in  eonlbrmity  wirh  the  terinsof  the  contracts,  either  as  to  the 
rpialily  of  the  paper  and  size  of  the  pages  fiiruislied,  or  the  manner  in  which  the  print- 
ing has  tieeu  done;  also,  that  they  inijiiire  and  report  wbetlier  the  documents  |)rinted 
ami  diitribuled  by  the  Printers  to  Congress,  are  correctly  printed  from  the  originals  sent 
to  their  oflices. 

Mr.  DICKINSON  asked  whether  the  law  on  the  subject  of  the 
public  printing  could  be  strengthened  by  the  passage  of  any  reso- 
lution ?  The  law  required  that  the  Committee  on  Printing  should 
jierform  the  very  duty  which  this  resolution  prescribed  ;  and  there- 
fore it  appeared  to  him  that  this  resolution  was  altogether  unne- 
cessary. 

Mr.  ASHLEY  remarked  that  he  had  received  an  anonymous 
communication,  pointing  out  upwards  of  twenty  mistakes  in  two 
pages  of  the  document  containing  the  President's  message.  Find- 
ing that  the  statement  thus  eoinmuuicated  to  him  was  correct,  he 
had  felt  it  to  be  his  duty  to  introduce  the  resolution.  He  did  not, 
of  course,  wish  to  deal  at  all  unjustly  or  unkindly  with  the  con- 
tractors for  the  public  printing,  or  indeed  to  make  any  expose,  but 
only  asked  the  Committee  to  inquire  and  report  whether  the  work 
had  been  properly  executed.  He  hoped  that  the  resolution  would 
be  passed. 

Mr.  CAMERON  observed  that  he  was  not  present  when  the 
Senator  from  Arkansas  rose,  but  he  would  merely  remark  that  the 
Committee  had  directed  their  attention  to  the  subject  to  which 
that  resolution  referred.  The  Committee  had  been  informed  yes- 
terday by  the  contractor,  that  the  paper  which  had  been  used 
thus  far  was  not  of  the  quality  ordered  by  him,  the  parties  with 
whom  he  had  made  the  contract  fu'  paper  having  failed  to  fulfil 
their  engagement.  If  the  printer  did  not  amend  in  the  course  of 
the  work,  the  Committee  would  introduce  a  proposition  adapted 
to  the  ease,  for  the  action  of  the  Senate.  They  entertained  great 
hopes,  however,  that  there  would  be  an  improvement  in  the  execu- 
tion of  the  work.  He  woidd  add,  that  there  should  be  allowances 
made  in  this  case.  The  organization  of  so  large  an  establishment, 
in  which,  be  believed,  no  less  than  one  hundred  and  twenty  persons 
were  employed,  was  an  undertaking  of  considerable  diiiiculty,  and  it 
could  hardly  be  expected  that  all  the  details  could  be  so  completed 
at  once  as  to  ensure  perfection  in  the  work  to  be  executed.  As 
for  himself,  he  had  not  a  very  favorable  opinion  of  the  new  mode  of 
executing  the  public  printing,  and  he  had  opposed  the  passage  of 
the  law  authorizing  it  to  be  done  in  this  way.  He  was  of  opinion 
that  under  the  former  system  the  work  would  have  been  done  more 
economically  and  in  superior  style  ;  still  it  was  proper  that  just 
allowances  .should  be  made  for  the  difficulties  under  which  the  con- 
tractors labored,  and  that  the  best  should  be  made  of  the  new 
system. 

Mr.  DICKINSON  said  that  he  had  a  very  good  opinion  of  the 
new  mode  of  executing  the  public  printing,  and  regarded  the  prin- 
ciple established  by  it  a*  eiuiiiently  just  and  proper,    It  had  broken 


176 


THE  PUBLIC  PRINTING. 


[Thursday, 


up  the  old  corrupt  system  of  monopoly,  by  wliich  large  fortunes 
had  been  accumulated  in  a  year  or  two  out  of  the  public  purse. 
He  lielieved  that  it  had  thus  far  been  eminently  successful,  though 
its  working  was  not  entirely  perfect.  The  Senator  from  Arkansas 
had  stated  that  he  had'received  complaints  with  regard  to  the  ex- 
ecution of  tlic  public  printing,  through  an  anonj-mous  source.  He 
(Mr.  D.)  would  not  insinuate  that  business  competition  had  some- 
thing to  do  with  that  communication,  but  he  would  take  the  liberty 
of  reminding  the  Senator  of  the  excellent  suggestion  made  by  a 
member  of  the  Irish  Parliauioni,  that  every  anonymous  aulliur 
should  be  obliged  to  subscribe  bis  name  to  his  work  !  As  to  typo- 
graphical errors,  the  documents  printed  under  ths  Ibrmcr  system 
have  not  been  exempt  from  them.  If  the  new  establishment,  when 
once  fully  organized,  prove  inadequate  or  inattentive,  let  it  be 
dealt  with  as  severely  as  the  law  requires.  But  he  hoped  that  at 
least  a  lair  trial  would  be  allowed  the  new  system,  and  he  did  not 
doubt  iliat  Uiider  the  supervision  of  the  Committee  charged  with 
the  subject,  a  fair  trial  would  be  given  to  it. 

Mr.  NILES  remarked,  that  the  Joint  Committee  appointed  for 
the  supervision  of  the  public  printing  had  no  authority  to  pass  the 
accounts  of  the  contractor.  It  was  the  duty  of  the  committee  in 
ea  h  House  to  examine  thes('  aceount»;  and  as  a  member  of  the 
Senate  committee,  he  wished  to  say,  that  unless  the  printing  were 
executed  substantially  in  conformity  with  the  contracts — which  it 
had  not  been  thus  far,  as  he  had  been  informed — the  accounts  of 
the  contractors  woulil  not  be  passed  by  that  committee.  Former- 
ly the  printing  had  been  well  executed — executed  in  good  style, 
with  promptitude — that  did  not  appear  to  be  the  ease  at  present. 
Tile  whole  subject,  however,  would  come  under  the  supervision  of 
the  committee,  whose  duty  it  was  to  audit  the  account.s  of  the 
contractors. 

Mr.  ASHLEY  said,  he  certainly  had  not  supposed  that  his  reso- 
lution would  have  given  rise  to  debate.  The  Senator  from  New 
V'oik  had  entirely  misapprehended  his  remark  with  regard  to  the 
anonymous  communication.  He  had  not  acted  on  this  communi- 
cation; and  it  had  only  directed  liis  attention  to  the  matter.  On 
examination  he  had  found  that  pages  SOU  and  803  of  the  document 
referred  to,  were  so  marred  by  errors  of  the  press  as  to  require 
translation  into  plain  English  ut  order  to  be  understood.  It  was 
discreditable  to  file  such  documents.  The  excuse  which  the  con- 
tractors h.id  olfered  relative  to  the  quality  of  the  paper  he  had  used 
did  not  allord  any  exjilanation  of  these  typographical  errors.  He 
did  not  know  any  of  the  parties  who  had  contracted  to  do  the 
work,  and  would  not  have  moved  in  the  matter  had  not  his  atten- 
tion been  directed  to  it,  by  the  communication  to  which  he  had  re- 
Icrred,  and  the  allegations  in  which  he  had  ascertained  to  be  cor- 
rect. He  found  that  not  only  in  the  quality  of  the  paper,  but  also 
in  the  size  of  the  page,  there  was  a  departure  from  the  terms  of 
the  contract.  There  was  a  diminution  in  the  size  of  the  page  to 
the  extent  of  seven  or  eight  per  cent.  He  hoped  that  the  resolution 
would  be  at  once  passed. 

Mr.  WESTCOTT  said  that  he  believed  he  had  reason  to  con- 
gratulate himself  on  the  vote  which  he  gave  when  the  proposition 
to  have  the  ]ndjUc  printing  executed  by  contract  was  first  made. 
He  had  protested  against  it  then,  and  predicted  that  the  very  state 
of  things  now  presented,  would  occur  early  in  the  first  session  of 
Congress.  But  he  was  willing  to  lend  his  aid  to  any  judicious 
movement  for  separating  the  public  printing  from  the  public  press, 
altboiigli  o]qiiised  to  the  idea  of  Imcksleiing  it  out  ^to  the  lowest 
bidder,  who  would  execute  it  in  a  bungling  manner,  and  delay  il 
so  as  to  retard  the  public  business.  He  was  perfectly  satisfied 
that  they  never  would  have  the  public  printing  properly  executed 
until  they  had  a  publishing  office  under  the  control  of  Congress, 
separaleil  Irom  the  public  press,  and  altogether  free  from  the  in- 
conveniences of  the  jKillry  huckstering  system  of  giving  it  out  by 
contract.  He  was  aware  that  this  system  would  incur  the  objec- 
tion that  it  would  increase  the  patronage  of  Congress,  but  he  w'as 
prepared  to  show  that  it  was  the  only  mode  in  which  the  public 
(irinting  eoiild  be  at  once  economically  and  properly  executed. — 
Willi  regard  to  the  present  contractors  he  did  not  blame  them. 
The  documents  annexed  to  the  President's  inessage  ai'e  this  year 
exceedingly  voluminous  ;  they  were  five  times  the  size-gf  those  of 
lormer  years.  It  was  utterly  impossible  for  the  contractors  to 
avoid  delay  in  furnishing  these  documents.  If  they  had  had  a  imb- 
lic  printing  oflicc  they  could  have  had  the  work  done  at  the  eiid  of 
the  first  week  of  the  .scs.sion.  But  the  contractors  could  not  have 
lurmshcd  it  promptly,  without  losing  all  their  profits  and  thirty 
or  lorty  thousand  dollars  besides.  As  it  was,  he  believed  they 
would  lose  by  their  contract.  He  thought  Congress  were  as  much 
to  blame  as  the  contractors.  It  was  quite  true  tha;' many  errors 
of  the  press  had  occurred  in  the  documents,  but  he  would  appeal 
to  the  chainuan  of  the  Committee  on  Printing— himself  a  practical 
printer— whether  these  imperfections  in  the  work  were  not  attribu- 
table to  the  circumstances  under  which  it  was  executed  He  diil  not 
see  any  necessity  for  the  resolution.  The  contractors  themselves 
wore  much  annoyed  by  the  dillieulties  in  winch  tliev  were  placed 
and  Congress  certainly  ought  to  tr<at  them  in  a  spirit  of  liberality' 

Mr.  CAMKROriJ  remarked  that  the  Senator  from  Arkansas  had 

been  appointed  a  mciuber  of  ilic  C luillee  on    I'rintiicr,  liuf  had 

not  yet  attended  any  of  its  iiieetiiigs.  The  Commitlee  would  have 
been  very  happy  to  have  had  the  opportunity  of  availing  ihemscKcs 
of  his  services.    The  resolution,  lie  repeated,  conlj  not  do  i\iiy 


good  ;  the  Committee  were  already  acting  in  the  matter.  He 
thought  it  was  reasonable  that  the  contractors  should  be  allowed 
a  few  days  to  complete  their  arrangements.  It  was  time;  the  work 
had  thus  far  been  imperfectly  executed.  But  there  were  two  sides 
to  the  ipiestion  :  as  had  been  remarked,  the  documents  were  this 
year  very  voluminous.  The  President's  message  and  accompany- 
ing documents  amounted  to  seventeen  hundred  pages,  whilst  hith- 
erto they  had  not  exceeded  eight  hundred  pages.  Besides,  there 
appeared  to  be  a  combination  in  the  District  against  the  contrac- 
tors. Every  body  connected  with  printing  in  the  city  seemed  to 
have,  in  some  degree,  combined  against  tliem.  The  contractors, 
therelore,  had  a  right  to  some  sympathy  ;  still  be  was  for  keeping 
them  to  their  contract,  although  he  believed  the  price  to  be  too 
low.  Coiuruon  kindness  required  that  they  should  deal  liberallj' 
with  the  contractors,  and  at  least  "iving  them  the  opportunity  of 
making  such  arrangements  as  woidd  enable  them  to  execute  the 
work  hereafter  more  perfectly  than  it  had  been  done. 

Mr.  ASHLEY  explained  that  he  had  been  appointed  on  the 
Committee  without  his  knowledge,  and  after  the  introduction  of 
his  resolution.  He  still  insisted  on  the  passage  of  the  resolution, 
which,  he  remarked,  went  farther  than  the  law. 

Mr.  TURNEY  said  that  he  was  at  a  loss  to  understand  the  re- 
marks which  had  been  urged  in  extenuation  of  the  manner  in  which 
the  public  printing  had  been  executed.  It  was  admitted  on  all 
hands  that  the  work  had  not  been  properly  executed,  hut  it  was 
alledged  that  the  contractors  had  been  placed  in  circumstances  of 
great;  difficulty  and  embarrassment.  Well,  certainly  they  had 
been  placed  in  that  situation  by  their  own  act,  and  he  could  not 
see  with  what  propriety  that  could  be  presented  as  an  excuse  for 
their  failure  to  comply  with  the  terms  of  the  contract.  He  hoped 
that  the  resolution  would  be  adopted. 

Mr.  CASS  suggested  that  as  the  hour  for  taking  up  the  special 
order  ha^  already  passed,  this  resolution  should  be  passed  over. 

'     The  question  was   then   taken  on   the   resolution,   and   it  w&s 
adopted. 

MESSAGE    FROM   THE   PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  W.alicer,  his  secretary  : 

Mr.  Pri^iiletU  :  The  President  of  llie  Ignited  States  approved  anil  si^'iied,  on  the  "261  h 
instant,  the  Ibllowing  acts  : 

An  acl  eoneerning  certain  collection  districts  and  for  other  pnrposes. 

An  act  to  provide  clothing  for  volnnteers  in  the  serviceof  the  LTuited  StalK. 

THE    TEN    KEOIMENT    BtLL. 

The  Senate  resumed  the  consideration  of  the  bill  to  raise,  for  a 
limited  time,  an  additional  military  force. 

Mr.  PHELPS  said,  it  is  not  my  purpose,  sir,  in  addressing  the 
Senate  at  this  time  to  go  into  an  enquiry  as  to  the  origin  ol  this 
war,  as  to  its  merits  or  demerits — nor,  sir,  to  enquire  where  the 
blame  rests,  provided  there  be  blame  in  its  commencement. 
The  important  question  now  before  us  is,  first,  how  shall 
this  war  be  prosecuted  successfully  while  it  lasts,  and,  above  all, 
how  can  it  be  terminated?  When  these  questions  are  disposed  of 
and  the  countrv  restored  to  a  slate  of  peace,  we  may  then  perhaps 
amuse  ourselves  with  the  ciuiuiiy  who  hns  been  in  fault?  In  look- 
ing at  this  question,  Mr.  President,  as  it  now  presents  itself  to  us, 
as  a  practical  question,  the  position  in  which  the  Senate  has  been 
pleased  to  place  me,  has  very  naturally  drawn  my  attention  to 
the  financial  aspect  of  the  questirui,  and  I  have  esteemed  it  to  be 
my  duty  after  having  devoted  some  little  attention  to  the -subject — 
though  not  indeed  so  much  us  I  should  desire  to  do — to  lay  before 
the  Senate  the  result  of  my  invcsiigations.  I  ;uu  aware,  sir,  that 
there  is  no  amusement  to  be  found  in  this  entpiiry,  it  will  be,  per- 
haps, notvjsry  interesting,  but,  sir,  it  is  an  enipury  which  is  not  to 
be  .avoided.     It  is  a  matter  of  business  and  a  matter  of  necessity. 

Now,  sir,  if  this  war  is  to  bo  prosecuted  further — and  such 
seeins  to  he  the  fact — as  yet,  a  very  important  ipiestion  arises — 
What  efiecf  will  it  have  on  the  financial  and  couimercial  interests 
of  the  countrv  '■  How  are  the  means  to  be  obtained  for  its  prose- 
cution ?  and  how  are  these  means  to  be  obt.'iined,  eonsistenlly  with 
the  prosperity  of  tlie  country  at  large  ?  Sir,  in  dcterminivg  this 
question,  the  inquiry  will  be,  what  has  been  its  efl'ect  thus  far  ? 
and  when  we  have  ascertained  that  we  may  perhaps  be  able  to 
judge  what  will  be  its  ellcct  hereafter?  Sir,  from  the  best  com- 
putation 1  have  been  able  to  make,  the  Tieasury  has  fallen  in  ar- 
rears within  the  past  two  years,  or  nearly  two  years — while  this 
war  has  already  lasted— to  an  extent  not  much,  if  anything,  short 
of  seventy  millions  of  dollars.  Yes,  sir,  from  the  best  computa- 
tion wliii'b  1  am  able  to  make,  the  revenues  of  this  country  have 
fallen  short,  if  its  expenditures  for  the  past  twn  years  be  an 
amount,  not  much,  if  any,  of  seventy  millions  of  dollars.  Well, 
sir,  1  will  submit  to  the  Senate  certain  estimates,  which  will  con- 
clusively prove  this  result,  and  I  shall  endeavor  to  show  to  the 
Senate,' il  they  will  give  me  their  attention,  from  data  in  my  pos- 
session, that  this  result  must  inevitalily  be  produced. 

Sir,  in  the  first  place,  at  the  commeiiccuienl  of  the  war,  or  ra- 
ther on  the  1st  of  July,  'Hi,  after  the  war  had  been  for  some  six 
weeks  in  existence,  iherc  was  then — exclusively  of  the  cxpendi- 
Uires  during  the  short  jieriod  the  war  had  then  lasted— a  balance 


January  27.] 


THE  TEN  REGIMENT  BILL. 


177 


in  the  Trcasiu'v  of  upwards  of  nine,  millions  of  dollars.     I  find  from 
the  several  reports  of  the  Secretary  of  the  Treasury,  that  the  co- 
vcrnnient  has  borrowed,  in  Treasury  notes  and  stocks,  issued  du- 
ring the  fiscal  year  endini;  30th  June,  '47,  naarly   twenty-si.K  mil- 
lions of  dollars,  and  that  durini^  the  current  fiscal  year  they  ha\'o 
borrowed,  in  addition  to  this,  six  millions,  two  hundred  and  eighty- 
five  thousand  dollars.     The  Secretary  of  tlu^  Treasury  tells  us  that 
at  the  close  of  the  current  fiscal  year  there  will  bo  a  deficiency  iu 
the  Treasury  of  nearly  sixteen  millions.     I  t.'ike  the  original  report 
of  the  Secretary;  thoutrh   I  am  aware  there  lias  been  a  recent  cor- 
rection of  that  report.     These  sums — the  balance  in  the  Treasury 
1st  July,   '46 — the   araouius  borrowed   duriny-  the  two  succeeding 
years,  and  the  deficiency  anticipated  at  the  close  of  the  current  fis- 
cal year,   as  estimated  by  the  Secretarj-,  will  amount  to  fiftv-si.x 
millions,  eight  hundred  and  twenty  thousand  dollars.  But  this  is  not 
all.    At  the  very  commencement  ofthis  session  we  were  informed  by 
the  Secretary,  that  there  was  a  deficiency  of  appropriation  for  the 
current    year    of  a   little   more  than  ten   millions  (jf  dollars. — 
This    addition    to    the    previous    result,    gives    the    amount    of 
about   sixty  seven   millions    as  the  deficiency   of  revenue  below 
the   amount  of  our  expenditures  for   the  last   two   years.     From 
this,  sir,  I  have  deducted  six   millions  six  hundred  and   eighty-one 
thousand  tlollars,  because  it  is    suggested — upon  what  evidence  I 
know  not   exactly — that  upon  revising  the  estimates  submitted  to 
us  it  was  ascertained  that  there  was  an  error  of  nearly  seven  mil- 
lions, there  being  that  amount  in  the  Treasury  which  is  not  repre- 
sented in   the   statement   communicated  to  us.     Deducting,  then, 
this  sum,  which  is  reported  to  be  a  little  short  of  seven  million.s — 
but  calling  it  six  millions  eiglit   hundred  and   eighty-one  thousand, 
the  result  is  that  there  is  a  deficiency  of  si.xty  millions  for  the  two 
years,  or  at  the  rate  of  thirty  millions  a  year.     But,  sir,  1  am  very 
far  from  being  satisfied  with  the  calculations  of  the  Secretary.    To 
satisfymy  own  judgment  I  will  add  eight  millions;  being  the  amount 
to  which,  as  I  believe,  the  Secretary  lias  over-estimated   the  public 
revenue.     This  gives  us  the  amount  of  sixty-eight  millions  as   be- 
ing the  deficiency  which  has  already  accrued,  or  at  the  rate  of  thir- 
ty-four  millions   a   year.      For    the    coming   year   ending    June, 
1849,  the  Secretary  "has  estimated   the   deficiency  at  $20,.600,000. 
I  have  obtained  this   result   by  deducting  the  estimated  deneienoy 
for  the  current  year,  from  the  Secretary's  estimate  of  the  deficiency 
on  the  30th  June  18-19.     Well,  sir,  without  going  further — without 
at  present  cncpiiring   into   the  accuracy  of  his  eslutiates  for   the 
coming  year — by  taking  the  deficiency  as  estimated   by  himself, 
we  have  for  the  tliree  years  ending  June  30th  1849,  the  sum  of  eighty- 
eight  millions  as  the  deficiency  of  our   means  below  our  cxpen- 
flitures.     This  Mr.  President  is   a  concise  statement  of  our  finan- 
cial experience,  thus  far,  as  will  appear   by  the  following  state- 
ments.    And  if  we   add  to  this,  the   sum  of  S9,000.000,  which  I 
shall   endeavour  to   show   the  Senate,  is   an  over  estimate  of  the 
revenue,  for  the  coming  year,  and  the  sum  of  $7,000,000,  for  under 
estimate  of  expenditure  for  that   year,   the   deficiency  for   three 
years  ending  June  30th  1849,  will  be  §104,000,000,  or  about  thirty- 
fiyo  millions  a  year. 

StaUment  of  the  excess  of  Erpendiiure  over  income  for  tico  years  from  July  Isl . 
1840  to  Jimt  3mk.  1848. 

Balance  in  the  Treiunn-  .luly  1  1840,       -        - ,      - 
Avails  of  Treasun-  Notp-:  and  Loans.  1840-7, 
Avails  of  Treasury  N6tes  and  Loans,  1H47-&, 
Estimated  deficienoy  iu  tlie  Treasury,  Julv,  1,  1848, 


,\dd  appropriations  asked  for  by  the  Secretary,  not  included 
in  his  estimate  of  expenditure,  -        -  - 


Total  by  Secretary's  estimates,  ,        -        -        .         - 

Deduct  the  amount  of  error  discovered  at  the  department 

say,  -        -        - 

Leaves  true  deficiency  by  Secretary's  estimate, 
Add  for  over  estimate  ol  Revenue  for  current  year,  - 

True  deficiency, 

Or  thirty-four  millions  per  year,  for  two  years, 

Sccretarv  estimates  dedciency  for  the  year  ending  June,    - 

30,1849,  -..---.- 

Add  for  over  estimate  of  Revenue,     -        -        -    9,000,000 
Ltnder  estimate  of  expenditure  not  including  Ten 

Regiments  not  e;tin;ated  for,      -        -        -    7,000  000 


$9,l'2r),439 

S!5,G79,193 

6,285,294 

15,729,114 

356,820,040 

10,061.844 

-$66,881,890 

i;,881,S9D 

860,000,000 
8.000,000 


sa?;ooo,ooo 


20,500,000 


816,000,000 


Total  deficiency  lor  three  years. 


330,000,000 
$104,000,000 


What  then,  sir,  is  to  be  our  future  financial  condition  ?  I  will 
submit  aiiofbcr  estimate  which  is  intended  to  shew  the  Senate  to 
what  extent  the  deficiency  is  to  go,  and  what  amount  of  money 
will  be  necessary  to  be  raised  upon  the  public  credit  within  a  pe- 
riod of  eighteen  monthsfrom  this  time.     This  is  ray  object. 

I  commence  with  the  deficiency  as  estimated  by  the  Secretary, 
of  thii-fy-six  millions,  on  the  30'thJune,  1849.  In  addition  to  that, 
an  over  estimate,  as  I  believe  it  to  be,  of  the  revenues  for  the  current 
year  have  been  made.  In  the  first  place,  I  deduct  from  the  Seeieia- 
ly's  estiiuate  the  sum  of  seven  millions,  estimated  by  him  to  be  re- 
ceived  from  Customs  in  the  current  year.  I  also  dediiet  one  million 
from  the  estimated  receipts  from  the  sates  of  public  lands.  I  de- 
duet  from  his  estimate  of  receipts  for  customs,  for  the  coming  year 
ending  June,  1849,  eight  millions  more;  and  I  deduct  for  this  year 
also  one  million,  as  an  over  estimate  of  the  receipts  from  public 
lands.  These  deductions  may  appear  to  Senators  to  be  large. — 
They  may  create  an  impression   that  the  object  is  to  present  our 

30th  Cong,— 1st  Ssssion.-— No.23. 


financial  affairs  in  their  worst  aspect.  But,  sir.  I  am  confident 
that  an  examination  of  the  estimates  of  the  Secretary,  coupled  with 
the  experience  of  the  past,  and  reasoning  from  the  present  condi- 
tion of  the  country,  will  convince  the  Semite  that  this  depuction  is 
bj'  no  meaas  too  large. 

•Secretary's  Estimate  of  Deficiency,  June  30.  1849.     -         -        -         -        $.%  OOO.OOU 

Add  for  over-estimate  of  revenue,  viz :  From  cnstoms,  year 

endinc  June 30,  1848,  -        -        -        -        -      '-    $7,000,000 

Public  lands  same  year,       -  -----      1.000.000 

From  customs  for  year  ending  June  30.  ]84n.       -        -         -      8,000,000 
rublic  lanrls  same  year,       -  -  -        -       1,000.000 

V 

Total  ever  estimated,  -.---..      $17,000,000 

For  short  Kstimatc  of  Erpenditures. 

Amount  of  deficiencies  for  which  the  Secretarv  asks  appro- 
priation for  the  current  year  $10,000,000,  de(luctmfrexc*!ss 
of  expenditure  bv  his  estimate  over  existing  appropria- 
tions, say  3,000,000. S7,000,000 

Under  estimate  of  expenditure  for  the  fiscal  year  ending  June 
•    39,  1849, 7,000,000 

For  the  ten  regiments  contemplated  by  this  bill,  not  of  coarse 

included  by  the  Secietaiy,     -       ' 4,000,00fl 

18,0110,0011 
For  loaus  available,  aiready  authorized,        -        .        -         -        4.000.000 

AgCTegate, -        .         .         .        .      V.'i. 000,000 

Deduct  error  iu  official  rjport,       --.-..        7,000,000 

Total  to  be  raised  by  loan  over  and  above  the  revenues  of  the- 

conutry.        .  '      -        .        -  ....    S08,000,000 

In  this  esliraate  no  notice  is  taken  of  the  outstanding  Treasury 
notes  which  may  and  probably  will  absorb  tlio  revenue  to  a  great 
extent  and  make  a  further  resort  to  credit  necessary. 

The  first  item  of  correction  of  the  Secretary's  report  is  the 
estimate  of  the  receipts  from  customs  for  the  current  year.  The 
honorable  secretary  estimates  these  receipts  at  thirty-one  million 
of  dollars.  Sir,  one  year  ago  (in  December,  1846,)  he  estimated  ilia 
receipts  from  customs  for  the  then  current  year  at  tweiity-eighL 
millions,  and  in  point  of  fact,  they  fell  short  of  twenty-four,  an  over 
estimate  of  over  four  millions,  as  tested  by  the  actual  receipts 
into  the  treasury.  I  take  the  liberty  to  say,  that  these  esti- 
mates are  always  too  large.  And  permit  mo  "to  remark,  that  the 
estimates  of  our  expenditures  are  always  too  small.  Our  receipts 
from  customs  for  the  past  year  have  fallen  short  of  twenty-lour 
millions.  And  on  what  data,  or  on  what  ground  of  anticipation 
does  the  Secretary  increase  the  sum  this  year  to  the  amount  of 
thirty-one  millions — an  excess  in  the  revenue  from  this  source  es- 
timated for  the  present  year  over  and  above  the  actual  receipts  of 
last  year,  to  the  extent  of  seven  millions  of  dollars  ?  Sir,  let 
us  institute  a  comparison  belwcen  the  condition  of  things  durinn- 
the  past  year  and  the  present.  The  revenues  for  the  plist  yea? 
were  increased  in  the  first  place  by  the  combined  effect  of  the  new 
tariff— which  was  to  go  into  operation  by  its  terms  on  the  first  of 
December,  1846;  and  the  warehouse  bill  which  went  into  elTeet  on 
the  day  of  ils  passage,  viz  :  August  4,  1846.  Both  these  bills 
had  been  long  pending,  one  having  been  introduced  into  the 
Senate  on  the  2Ist  January,  and  the  other  into  the  House  on  the 
14th  .A.pril,  1846  :  so  that  (he  passage  of  both  was  for  a  Ion"  time 
anticipated.  "  " 

Sir,  the  passage  of  the  Tariff  bill  ^ave  notice  to  the  commercial 
world  that  on  the  first  of  December  toUowing  its  passage,  the  du. 
ties  were  to  be  reduced.  Your  Warehouse  bill  tendered  to  tiiem 
the  privilege  of  storing  their  importations  and  retaining  the  duties 
upon  them  until  they  could  be  withdrawn  upon  payinent  of  the 
reduced  rate  of  duties  under  the  new  act.  Under  these  circum- 
stances, a  very  great  portion  of  the  importations  of  the  latter 
part  of  1846  were  thrown  over  for  the  payment  of  the  duties  to 
the  month  of  December.  The  result  of  it  was,  that  there  was  a 
very  great  falling  off  in  the  amount  of  duties  received  in  that  por- 
tion of  the  year  '46.  Sir,  I  have  an  estimate  which  will  show  you 
the  effect  of  these  two  measures  upon  our  revenue  for  the  year 
ending  June,  '47.  The  receipts  for  the  months  July,  August,  Sep- 
tember, 1845,  aiuounted  to  eight  millions  eight  hundred  and  sixty- 
two  thousand  dollars.  The  receipts  for  the  same  monthsin  the  year 
'46  fell  to  six  millions  one  imndred  and  fifty-four  thousand,  makin"  a 
difference  of  two  millions  seven  hundred  and  eight  thousand  dollars 
in  the  three  months  constituting  the  first  quarter  of  the  year  end- 
ing 30th  Jime,  '47.     Tliis  is  shown  more  fully  in  the  following  table: 

Receipts  for  July,  August,  and  September,  '45,      89,861,93-2  or  82,953,977  per  month 
Same  months m  1840,        -----    6,153,826or   2,051,275*' 

Difference, 82,708,106        8902,702  per  month 

Receipts  for  first  quarter  of  fiscal  Tear.  '4G-7,    S><i.l53,f2f>  equal  to  ^  051  977  per  mo 
Receipts  for  October  and  November,  46,        -    l.G8.°,4.?0  equ>al  to       ►44.140  per  mo. 

DilVerence, Sl.207,837  p«  mo. 

Why  was  thi,s?  Was  there  anything  in  the  commerce  of  the  coun- 
try to  produce  this  decline  in  the  revenue?  AVas  not  the  country  ad- 
vancing in  prosperity  during  those  years  V  It  was  unquestionably 
the  effect  of  the  measures  to  which"!  have  alluded.  The  revenue 
fell  off  because  the  importations  were  placed  in  warehouses  to  be 
entered  upon  payment  of  reduced  duties.  Well,  what  next? 
In  the  months  of  October  and  November  your  receipts  fell 
to  one  million  six  hundred  and  eighty-eight  thousand  dollars,  or 
an  average  of  eight  hundred  and  eighty-lour  thousand  dollars  per 
month.     During  the  months  of  July,  August;  aud   September,  tbQ 


178 


THE  TEN  REGIMENT  BILL. 


I  TnuHsuiLY, 


iliitif's  averaged  two  millions  fifty-one  thousand  and  a  fraction. 
Tlio  eflent  of  thesR  measures,  then,  was  precisely  what  luiil  been 
predicted  on  this  floor.  It  was  a  most  extensive  fallinir  oil  in  the 
income  of  the  country  until  the  period  of  the  first  of  Deccmhcr. 
JSlfi,  arrived,  and  then  your  revenue  increased,  and  that  increase 
of  revenue  has  been  thouj^fht  of  suilieient  importance  not  only  to 
lie  presented  to  us  very  formally  by  the  Secretary  of  the  Treasury, 
but  to  be  twice  repeated  in  the  PresidentV  message. 

If  it  be  a  matter  of  boastinp;  to  exhibit  to  the  country  at  larcrc 
the  value  o'f  this  improvement  in  our  financial  system,  the  new 
tarifl',  wliy  let  it  pass.  But  d'  it  is  intended  to  lead  us  to  the  m- 
I'erence.  that  this  increase  of  rcvi^nuc  is  to  continue,  I  bc^  to  dis- 
sent aUoj,'ether  from  any  such  conclusion. 

Sir,  a  com))arison  has  been  made  between  the  year  ending  De- 
cember 1st,  IS  16,  and  the  year  ending  December  1st,  1847.  For 
what  purpose  is  the  fiscal  year  abandoned,  and  the  computation  of 
time  made  from  the  first  of  December  in  one  year  to  that  pei-ioil  in 
the  next  year  ?  Doubtless  tor  the  purpose  of  exhibiting  the  ope- 
ration of  the  new  tarifT  which  went  into  operation  on  the  1st  Dt- 
cehiber.  1846.  But  as  I  have  already  remarked  the  revenue  belong- 
in;;  to  the  latter  jiart  of  iho  year  18 16  was  thrown  upon  the  suc- 
ceeding months  when  the  new  Tariff  bill  went  into  operation,  and 
this  ])resentcd  an  accumulation  of  revenue  during  those  months. 
Other  circumstances  combined  to  swell  the  reveinies  at  the  close  of 
that  year;  the  peculiar  state  of  things  m  Europe,  the  extraordinary 
demand  for  our  productions,  and  the  increased  imiiortation  conse- 
cjucnt  on  the  exjiortation  of  those  productions,  tended  to  throw 
u]ion  the  latter  part  of  the  year  a  large  increase.  In  short,  the 
year  between  Decendier  1,  1846,  and  December  1,  1847,  with  the 
aid  of  the  warehousing  .system,  borrowed  the  revenues  of  the  pre- 
ccdinii  year,  and  in  con.sequence  of  the  excessive  importation  grow- 
ing out  of  our  increased  exportations,  anticipating  the  future  wants 
of  the  country,  it  anticipated  the  revenne  of  the  succeeding  year. 
Are  we  to  sujiposo  that  because  there  was  an  increase  of 
duties  during  that  year,  that  that  increase  is-  to  continue? — 
A  moment's  attention  to  the  subject  forbids  any  such  con- 
clusion. What  causes  are  to  operate  !  In  the  first  place, 
when  this  great  importation  took  place,  the  country  was  pros- 
perous; money  was  flowing  in  from  abroad;  notwithsianding  this 
great  importation  there  was  a  balance  of  money  coming  into  the 
country,  to  the  extent  of  some  twenty  or  thirty  miUions  of  dollars. 
What  is  the  condition  of  the  country  now  ?  Instead  of  having  a 
surplus  of  capital  you  find  a  stringency  in  the  money  market. 
Instead  of  a  surplus  of  capital,  the  sur|)lus  of  a  period  of  pros- 
perity has  sought  investment  in  various  ways.  A  vast  amount  has 
been  invested  and  is  in  process  of  investment  in  rail-roads — fifty 
millions,  it  is  computed,  in  New  England  alone — in  manufacturing 
cntcrprizes  and  in  your  public  debt — a  vast  amount  is  absorbed  by 
goods  on  hand — a  rigid  curtailment  of  the  currency  and  a  strin- 
gency in  the  money  market  almost  unprecedented  has  ensued.  Sir, 
are  we  seriously  to  calculate  iu  this  stale  of  things  upon  the  con- 
tinuance of  the  same  conunercial  activity,  the  same  state  of 
rc^'onue  ? 

But  this  is  not  .all.  The  unusual  importations,  stimulated  by  the 
increased  demand  for  our  productions  have  thrown  into  the  country 
a  greater  quantity  of  iioods  than  were  wanted.  There  is  a  sur- 
plus of  goods.  The  importations  incrik'iscd  some  thirty  or  forty 
millions  of  dollars.  Well,  if  there  is  a  surplus  to  this  amount 
there  is  no  inducement  to  import;  and,  as  I  have  already  remark- 
ed, we  are  not  able  to  purchase.  Nor  is  this  all.  If  the  course 
of  trade  threw  into  the  country  a  greater  importation  than  the 
jiresent  demand  warranted,  your  warehouse  system  furnished  a  re- 
source by  which  the  importer  was  saved  from  the  necessity  of  ad- 
vancing the  ainount.of  the  duties  ujion  his  imjjortation  until  there 
was  a  market  for  the  "goods.  The  importations  hereafter,  will  go 
into  the  warchou.ses,  and  you  will  get  no  duties  until  the  goods  are 
wanted  for  consumption. 

Sir,  there  seems  to  be  a  strange  idea  entertained  in  regard  to 
this  matter,  and  although  strange  it  seems  to  be  a  favorite  idea — 
It  is,  that  our  exportations  arc  to  j)0  governed  by  our  importations, 
and  that  we  may  increase  our  exportations  by  increasing  oiu"  im- 
portations. This,  sir,  I  believe  is  contrary  to  all  experience.  It 
IS  a  theory  which  is  calculated  to  bankrupt  the  public  treasury,  or 
to  rail*  the  fortunes  of  any  private  individual  who  adopts  and  acts 
upon  it.  Sir,  my  theory  is  the  reverse  of  this.  Yoiti- exportations 
should  govern  your  iuiportalions.  You  should  buy  only  what  you 
can  pay  for.  I  suppose  that  our  importations  must  depend,  to  a 
very  great  extent,  upon  the  amount  of  our  exportations. 

What  has  enabled  us  to  increase  our  importations  ?  The  de- 
manil  for  our  brcadstuIVs,  which  has  now  nearly  ceased — the  fam- 
ine and  distress  abroad,  which  has  now  passed  by;  and,  whatever 
may  be  the  ability  of  other  nations  to  imrcliaee  our  produc- 
tions, ihey  will  not  buy  what  they  do  not  need.  There  must 
be  a  falling  off  of  onr  exportations  ;  and,  .as  a  necessary  con- 
se<[uence,  a  falling  oil'  of  importations,  and  of  revenue,  also. 
Sir,  the  average  rate  of  duty,  under  the  present  Tariir,  is  such 
as  to  require,  at  least,  one  hundred  and  fifty  millions  of  importa- 
tions, to  raise  thirty  millions  of  revenue.  I  believe  my  honorable 
friend  from  llhodc  Island  estimated  it  at  one  hundred  and  seventy 
millions.  He  includes  in  hfs  estimate  the  gross  amount  of  import- 
ations, including  free  goods;  ray  estimate  is  of  dutiable  goods  only. 
If  I  recollect  aright,  the  average  rate  of  the  existing  tarifl'  is 
.twenty-two  or  twenty-three  per  cent.  Now,  such  an  import- 
ation exceeds  the  ability  of  the  country.  Such  is  our  present 
situation  ;  and  what  nro  we  to  expect  for  the  period  included 
between  this  ami  the  first  of  July,   1849?     yom-  in;gcssilie!j 


for  money,  your  exhorbitant  demand  for  loans,  combined  with 
the  operation  of  the  sub-treasury  and  its  specie  cl.ause,  press- 
ing with  combined  action  upon  the  money  market,  must  perpetu- 
ate this  .state  of  things. 

Sir,  I  have  been  comparins  the  estimated  receipts  for  the  cur. 
rent  year  with  tho.se  of  the  last.  I  have  remarked,  that  in  these 
calculations  the  data  are  derived  from  the  results  of  the  jiast,  from 
the  estimates  of  previous  years;  and  I  have  remarked  further,  that 
during  the  year  1847,  a  great  part  of  the  receipts  consist  of  returns 
which  jiroperly  belong  to  a  lormer  period.  Now,  I  ask,  on  what 
ordinary  calculations,  in  viewof  these  circumstances,  the  honorable 
Secretary  raises  his  estimates  of  the  receipts  from  twenty-four,  the 
actual  receipts  last  year  to  thirty-one  millions  of  dollars  ?  What 
considerations   furnish    a  basis  for  such   a   calculation. 

I  have  taken  some  pains  to  ascertain  how  the  honorable  Secretary 
arrives  at  it.  It  is  this  :  He  takes,  in  the  first  place,  the  receipts  for 
the  first  quarter,  for  July.  August,  and  September.  These  are  pre- 
cisely the  months  in  which  we  were  getting  returns  for  our  bread- 
stufls.  He  then  ]«rocecds  to  tell  us  that  assuming  the  revenue  of 
the  first  quarter  to  be  an  average  of  the  year — the  proceeds  from 
customs,  for  the  whole  year  will  amount  to  forty-five  millions.  It 
is  enough  to  say  of  this  calculation,  that  the  honorable  Secretary 
himself  discards  it  at  the  basis  of  an  estimate.  Being  dissatisfied 
with  this  result,  he  proceeds  to  ascertain  the  relative  proportion 
of  the  revenue  of  the  first  quarter  of  the  year  as  co'mpared  with 
the  revenue  of  the  year,  for  a  series  of  years.  He  thus  ascertains 
that  the  first  quarter  is  the  most  productive,  and  by  reducing  his 
estimates  in  proportion,  he  brincrs  his  calculations  down  to  forty 
millions,  instead  of  forty-five.  But  he  is  still  dissatisfied.  The 
next -step  is  to  ascertain  the  revenue  for  the  five  months  next  pre- 
vious to  the  first  of  December,  1847,  which  he  tells  us  amounts  to 
$15,506,257 — or  a  little  over  §3,000,000,  per.  month.  Estimating 
the  revenue  for  the  twelve  months  at  that  rate  (making,  probably, 
an  allowance  for  the  greater  productiveness  of  the  first  quarter,) 
he  would  make  the  revenue  of  the  year  amount  to  $35,000,000. 
But  he  is  not  satisfied  with  this.  What  next  ?  He  ascertains  the 
receipts  for  the  last  two  months  of  the  five — viz.  October  and  No- 
vember— to  be  $2,200,000,  per.  month  ;  and  estimates  the  receipts 
for  the  residue  of  the  fiscal  year  at  that  rate.  To  this  he  adds  the 
actual  receipts  of  the  first  quarter,  and  it  gives  about  $31,000,000, 
for  the  year,  as  will  be  seen  by  the  following  table. 

-  $15,506,257 

-  11,106,237 


19,SOO,000 
11.100,2.17 


Actu.il  receipts  for  five  montlis,  eiidiiin  December  1,  1847 
Uecei|il3  for  first  quarter  as  per  annual  report  deducted    - 

Leaves  for  October  and  Novenilier 
Or  an  avera^'e  of  2,200,000  per  nioiitb. 
Estimating  nine  niontbs  at  tliat  averai:e,  2,200,000 

Add  actual  receipts  of  first  quarter  -  -  .  - 

Oives  for  tlie  year  -...--    :)1I,!I0G,2J7 

Or  in  round  numbers    ------     lll.lHIO.OOil 

Here  you  have  the  basis  of  the  estimates  of  the  honorable  Secre- 
tary, 

Now,  the  Secretary  finds  his  receipts  rapidly  declining,  because 
the  importations  are  declining.  It  appears,  as  heretofore  stated, 
that  the  receipts  for  the  first  quarter  of  the  current  year  amount  to 
$11,106,257,  or  equal  to  $3,702,085  per  month,  'The  receipts  for 
Octolicr  and  November  are  equal  to  $2,200,000  per  month.  Thus 
we  have  a  falling  off  during  rite  first  five  months  of  the  fiscal  year 
from  $3,702,085,  for  July,  Angilst  and  September  to  $2,200,000].  the 
average  of  October,  or  a  falling  ofl'of  $1,, 500, 000  per  month. 

Is  it  not  apparent  to  every  Senator  who  hears  me,  that  this  de- 
cline must  continue?  Is  it  iiot  ajiparent  that  there  is  an  over- 
stock of  goods  in  the  country,  and  is  it  not  well  known  that  the 
scarcity  of  money  has  induced  importers  to  countermand  their  or- 
ders for  goods  ?     Sir,  we  have  it  from  the  very  best  authority. 

Under  those  circumstances,  although  there  may  be  a  great  in- 
flux of  revenue  during  the  first  quarter  of  the  year,  it  is  apparent 
that  it  is  I  the  mere  etfect  of  the  accumulation  of  revenue  in  that 
quarter  for  the  reasons  I  have  mentioned."  The  very  fact  that  your 
imports,  and,  consequently,  your  revenue,  are  increased  in  one  por- 
tion of  the  year  must  lead  you  to  expect  that  it  will  decline  in  the 
other  portions. 

Now  I  ask,  on  what  principle  it  is  expected  that  the  .amount  of 
the  revenue  from  imports  this  year  will  exceed  that  of  the  last  ? — 
Sir,  the  true  rule  of  comptirison  would  be  to  take  the  fiscal  j'ear, 
and  that  for  the  very  reason  that  I  have  already  assigned,  Th  e 
Tarifl" of  1846  covers  *he  fiscal  year  ending  1st  of  Jime,  1847,  al- 
though it  went  into  cfl'ect  in  December,  because  the  p,ayincnt  of 
duties  was  in  a  great  measure  suspended  during  the  intervening 
lime  between  the  ]>assagc  of  the  act  and  the  lime  of  its  going  into 
operation.     Well,  sir,  I  will  not  pursue  this  branch  of  the  suliject. 

What  is  the  next  ground  of  the  honorable  Secretary's  esti- 
mates ?  Ho  estimates  three  and  a  half  millions  as  the  pro- 
ceeds of  the  sales  of  the  public  lands.  Well,  sir,  during  the  past 
year  your  sales  did  not  rcaidi  two  millions  and  a  half.  Upon  what 
theory,  then,  it  is.  that  the  Secretary  estimates  one  million  more 
from  the  receipts  for  public  lands  than  was  actually  received  last 
year,  I  have  yet  to  learn.  It  is  a  point  which  I  am  not  prepared 
to  discuss,  because  I  cansco  no  reason  at  all  for  such  an  estimate  ; 
and  unless  reasons  are  presented  from  some  other  quarter,  I  shall 
.still  be  incredulous.  I  deduct,  therefore,  one  milhon  from  the  esti- 
matc^d  recciitts  from  the  public  lands,  because  the  estimate  ex- 
ceeds all  experience,  and  because  no  reason  has  been  assigned, 
and  none,  in  my  judgment,  can  be  assigned  for  it.  That  makes 
eight  millions  to  be  deducted  from  the  Secretary's  estimate  of  reve- 
nue for  the  ctu'i'ent  yetiv  IS  17-!?,  and  to  lie  added  to  the  estimate  of 
ileliviency. 


January  27.] 


THE  TEN  REGIMENT  BILL: 


179 


TliB  next  item  is  an  over-estimate  of  tlic  revenue  from 
customs  for  the  year  endin;;  June,  184;!.  I  have  very  little  to 
say  in  regard  to  this,  I  merely  refer  to  the  fact  that  the  revenue 
having  fallen  oil',  I  cannot  perceive  upon  what  calculation  it  is 
that  i7i  the  peculiar  condition  of  the  country  the  revenue  from  the 
customs  is  to  rise  to  thirty-two  millions  for  the  ensuing  year. 
The  present  state  of  the  country  renders  it  impossible,  and  as  to 
anv  change  I  have  not  seen  the  ^ghtcst  prospect  of  it.  Well,  sir,  I 
lalie  the  Secretary's  estimates,  and  I  must  deduct  eight  millions, 
from  his  cstmiated  receipts  from  customs  for  the  year  ending  Juae, 
1849.  I  then  take  the  estimate  of  the  receipts  from  public  lands  for 
the  coming  year,  which  he  has  given  to  us  as  three  millions,  and  I 
ask  upon  what  basis  docs  this  estimate  rest?  Do  vi-e  not  all  know- 
that  wc  have  granted  land  bounties  to  our  soldiers  to  the  extent  of  at 
least  seventv  thousand,  which  will  cover  twelve  millions  of  acres 
of  your  public  lands?  Your  average  sales  are  but  two  and  a  half 
millions  annually,  and  you  have  actually  thrown  into  the  market 
in  bounties  to  your  soldiers,  enough  to  cover  at  this  average  an 
amount  of  sales  for  five  years.  Now,  under  these  circumstances, 
when  land  warrants  are  thrown  abroad  over  the  country,  suffi- 
cient to  cover  five  years'  sales,  wo  are  presented  with  a  grave 
calculation  of  an  increase  of  a  million  of  dollars  from  this  source 
'Ume  may  possibly  bring  this  about.  The  Secretary  of  the 
Treasury  may  be  able  to  see  further  than  the  rest  ol  us,  but 
whether  it  luay  be  brought  about  or  not,  in  my  humble  judgment, 
such  an  estimate  is  not  to  be  considered  by  us  on  this  occasion  as 
a  satisfactory  basis  for  our  action. 

I  must  add.  then,  to  the  Secretary's  estimate  of  the  deficiency, 
the  sum.  of  seventeen  millions  of  dollars — being  an  over  estimate 
by  him — for  these  deductions  from  the  estimates  of  receipts  into 
tl'ie  Public  Treasury;  a  large  sum,  I  admit,  but  if  gentlemen  will 
give  a  little  attention  to  the  subject,  I  think  they  will  come  to  the 
conclusion  at  which  I  have  arrived. 

Sir,  there  is  another  branch  of  the  subject  which  I  desire  to  no- 
tice, and  it  is  this  :  the  expenditures  of  the  current  year,  are  esti- 
mated at  fifty-six  millions  of  dollars,  exclusive  of  payments  on 
account  of  the  public  debt,  but  as  I  have  already  remarked,  the 
Secretary  informed  us  at  the  commencement  of  the  session,  that 
an  additional  appropriation  of  ten  millions  was  necessary  to 
cover  the  expenses  for  the  year.  A  qnestion  then  arises,  whether 
these  ten  millions  are  included  in  the  fifty-six  millions.  It  has  cost 
me  much  trouble  to  ascertain  it,  but  it  is  not.  Of  course  this  addi- 
tional expenditure  must  be  added  to  the  Secretary's  estimate  of 
the  deficiency.      But,  sir,  let  us  look  a  little  further  into  this. 

The  whole  estimated  expenditure  for  the  current  year  as  given 
in  the  annual  report  of  the  Secretary  at  the  last  session  of  Con- 
gress (December,  184(3,)  was  forty-five  millions  of  dollars.  The 
actual  expenditure  for  the  same  year,  as  now  ascertained  by  him, 
(see  his  annual  report  to  this  Congress,)  is  fifty-eight  millions  and 
a  fraction.  Here  we  have  a  ditrer'enee  in  the  two  estimates  for  the 
present  year — one  made  at  the  commencement  and  the  other  at 
this  time— of  thirteen  millions  of  dollars. 

Sir,  the  appropriations  made  at  the  last  session  of  Congress  for 
the  service  of  the  current  year  (ending  June  30,  1848,)  exceeded, 
by  the  sum  of  nearly  nine  millions,  the  Secretary's  estimates  as 
submitted  to  Congress  at  that  session.  And  yet  the  Secretary 
now  asks  an  appropriation  of  over  ten  millions  to  cover  deficiencies. 
It  is  proper  for  me  to  add  that  as  near  as  I  am  able  to  ascertain 
the  fact,  the  expenditure  for  the  current  year,  as  estimated  by  the 
Secretary  in  his  recent  report,  exceeds  the  amount  of  appropria- 
tions by  about  three  millions  of  dollars.  In  order,  then,  to  ascertain 
the  actual  expenditure  of  the  year,  seven  millions  only  should  be 
added  to  this  estimate.  This  will  carry  that  expenditure  up  to 
more  than  sixty-five  millions. 

This  sum  of  seven  millions,  it  will  be  perceived,  is  added  to  his 
estimate  upon  his  own  authority,  that  is  to  say,  his  estimate  ofar- 
■  rearages  of  the  present  session,  and  his  demand  for  further  ap- 
propriations. 

The  next  particular  in  my  tabic  of  corrections  of  the  Secretary's 
estimate,  is  the  item  of  seven  millions  for  under  estimate  of  the 
expenditure  for  the  coming  fiscal  year,  from  July  1,  1848,  to  June 
30,  1849.' 

These  expenditures  are  estimated  by  the  Secretary  at  the  sum 
of  $55,644,941.  In  what  light  are  we  to  regard  these  estimates  ? 
Sir,  all  experience  .shows  that  these  estimates  are  too  low.  Year 
after  year  Congress  is  called  upon  to  supply  deficiencies.  This 
is  not  to  bo  wondered  at.  It  implies  no  censure  of  the  oflfieers 
charged  with  the  duty  of  furnishing  them.  It  is  natural  that  every 
head  of  the  Treasury  department  should  endeavor  to  put  the  best 
aspect  upon  the  financial  affairs  of  the  country,  and  heads  of  bu- 
reaus and  other  subordinates  will  reduce  their  estimates  of  expen- 
diture as  low  as  possible.  Judging  then  from  all  past  experience, 
we  must  regard  these  estimates  as  falling  short  of  the  actual  ex- 
penditure. But  there  are  special  reasons  for  anticipating  an  ex- 
cess of  exj)»nditure  for  the  coming  year  over  and  above  the  pres- 
ent estimates.  Let  me  advert  to  the  report  of  the  quartermaster- 
general.  It  will  be  borne  in  mind  that  this  ofiicer  asks  an  addi- 
tional appropriation  of  five  millions  to  cover  a  deficiency  in  the 
appropriations  for  the  current  year.  What  does  he  say  of  his  es- 
timates for  the  next?  In  his  letter  to  the  Secretary  of  War,  of 
November  15,  1847,  he  says  : 

•■  Tile  estimates  «liirli  I  siibmitled  on  tiie  ttli  iiisant.  lor  Itie  service  of  tlie  next  tii 
lal  year,  were  niaile  out  fnlm  data  derived  from  tlic  crprrieticc  of  the  lost  ymr.  At 
your  snpge^tion  I  have  carefully  re-examined  every  item  and  iu  all  dejiendin^  in  any 
degree  upon  my  own  aetiou  or  that  of  tlie  officer  of  the  department,  I  have  viadc  con- 
suUrabte  deductions.  WlieUier  tlifse  deductions  he  judicious  time  must  determine. 
I  would  not  have  ventured  to  malic  thctn  but  for  the  fact  that  two  sessions  of  Con- 


gress Kill  hare   terminated  before  the  e>piratio»  of  the' Jiseul  year  for  ichtck  the 
estimates  now  submitted  haec  been  madc,^' 

Sir,  this  is  significant  language.  In  plain  English,  it  means 
this  :  the  estimates  arc  too  small.  They  are  not  to  be  relied  on  ; 
and  would  ngt  be  submitted,  were  it  not  that  two  sessions  of  Con- 
gress will  intervene,  and  opportunity  will  be  alTorded  to  ask  for 
further  appropriation,  before  the  expenditure  is  incurred.  With 
the  experience  of  the  present  year,  (a  deficiency  in  the  estimates  of 
this  deptfrtment  of  five  millions,)  an  and  estimate  thus  qualified, 
explained,  not  to  say  apologized  for,  what  are  wc  to  expect  as  the 
result  of  these  estimates  for  the  coming  year  ?  Beyond  all  ques- 
tion that  the  expenditure  will  largely  exceed  the  estimate,  as  it 
has  done  heretofore. 

To  what  extent  the  estimates  of  the  Quartermaster  General  were 
reduced  at  the  suggestion  of  the  Secretary,  I  am  not  able  precise- 
ly to  state.  It  IS  stated,  however,  by  a  Senator  near  me,  (Mr. 
Clarke,  of  Rhode  Island,)  upon  information  said  to  be  derived  from 
that  ofiicer,  and  communicated  by  him  to  the  Committee  of  Ways 
and  Means  of  the  House,  that  seven  millions  more  will  be  required 
in  that  department  alone,  over  and  above  the  amount  of  the  esti- 
mates submitted  to  us,  for  the  ensuing  fiscal  year.  If  this  be  true, 
the  addition  which  I  made  to  the  Secretary's  extract  of  expendi- 
ture for  that  year,  (7,000,000.)  and  which  seems  to  excite  the  sur- 
prise of  gentlemen  on  the  other  side,  will  be  required  for  the  ser- 
vice of  that  department  alone. 

It  will  be  perceived,  however,  that  I  add  that  sum  for  the  whole 
excess  in  every  branch  of  expenditure,  over  and  above  the  Secreta- 
ry's cstiiTiates.  The  considerations  upon  which  ray  estimate  of 
this  deficiency  is  based  are  these  : 

First,  The  expenditures  of  the  current  ycar,'as  now  ascertained, 
will  exceed  the  previous  estimate  of  the  Secretary,  by  the  sum  of 
thirteen  millions,  exclusive  of  the  $10,061,844,  now  asked  for,  of 
which  at  least  seven  millions  are  to  cover  an  expenditure,  (as  I 
htive  already  shown,)  over  and  above  the  amount  of  the  Secreta- 
ry's present  estimate.  In  this  calculation,  the  expenditure  of  the 
current  fiscal  year,  will  exceed  the  original  estimate  by  twenty 
millions  of  dollars. 

The  estimates  for  the  coming  year  arc  increased,  exclusive  of 
payments  on  account  of  the  pufilie  debt,  only  about  eight  millions 
tibove  the  estimates  lurnishcd  us  at  the  last  session,  for  the  cur- 
rent j'ear.  Which  will  leave  a  deficiency  for  the  coming  year,  if 
the  expenditure  of  that  vear  .should  etpial  that  of  the  present,  of 
twelve  millions  of  dollars.  I  have  reduced  it  to  seven.  It  re- 
quires no  spirit  of  prophecy  to  foresee,  that  at  the  next  session  of 
Congress,  we  shall  bo  called  upon  for  further  appropriations  to  the 
extend  of  at  least  ten  millions  of  dollars. 

But  will  your  expenditure  be  less  for  the  coming,  than  for  the 
current  year  ?  You  propose  a  more'extensive  plan  of  operations — 
to  add  thirty  thousand  men  to  your  mditary  establishment — to  oc- 
cupy the  whole  Mexican  territory — to  sprc'ad  your  armies  like  the 
locusts  of  Egypt,  over ,  that  -whole  Republic — and  like  the  locusts 
of  Egypt,  to  bring  them  to  submission  by  eating  up  their  sub- 
stance— not  merely  to  discomfit  her  armies  in  the  field,  but  to  dis 
])lace  her  whole  government  and  civil  arrangements;  and,  in  the 
language  of  the  honorable  Chairman  of  the  Committee  on  Milita- 
ry AlfaVrs,  to  occupy  and  retain  all  her  positions,  military  and  po- 
litical. Will  your  expenditures  be  diminished  ?  Upon  wUat  prin- 
ciple then  is  it,  that  we  are  furnished  with  an  estimate  for  the 
coming  year,  w'hich  falls  from  ten  to  twelve  millions  short  of  the 
ascertained  expcnditm-e  of  the  present  ? 

I  add  the  seven  millions,  therefore,  to  cover  the  under-rating  of 
expenses,  actually  calculated  for  in  the  first  place. 

In  the  second  place,  I  include  in  that  sum  a  variety  of  contin- 
gencies not  estimated  for,  and  not  susceptible  of  previous  estima- 
tion. Such  as  the  loss  and  destruction  of  military  stores,  provis- 
ions, and  other  property,  by  the  ordinary  modes  of  destruction,  as 
well  as  the  casualilies  of  war.  The  Commissary  of  Subsistence 
tells  us,  in  giving  the  causes  of  the  deficiency  in  his  department  for 
the  current  year,  that  "owing  to  the  nature  of  the  climate  of  Mex- 
ico, and  the  imperfect  store  houses,  (the  articles  of  subsistence 
being  perishable,)  much  has  fcen  lost  from  decay  and  wastage,  as 
also  from  wrecks  during  transportion.'' 

Thirdly,  No  estimate  is  made  for  the  commutation  of  land 
bounties  by  the  reception  of  money  instead  of  land,  at  the  option 
of  the  soldier,  authorized  by  the  act  giving  bounties  to  your  sold- 
iers.    This  item  is  not  susceptible  of  accurate  estimation. 

Fourthly,  There  is  no  estimate  for  pensions  to  your  wounded 
and  disabled-  soldiers — an  item  of  no  inconsiderable  magnitude. 
How  many  pensioners  are  to  be  billctted  on  the  treasury  as  one  of 
the  fruits  of  this  war,  no  man  can  tell. 

And,  lastly,  I  take  into  consideration  the  miscellaneous  claims 
of  citizens  for  services  rendered,  property  taken  or  lost — contracts 
unfulfilled,  &c.  fee.,  which  cannot  be  estimated  or  enumerated. 
Those  who  are  familiar  with  the  expenses  growing  out  of  the 
Seminole  war,  can  form  some  conception  of  what  may  be  expected 
from  this  source. 

Now,  sir,  am  I  right  or  wrong  in  adding  this  sum  of  seven  mil- 
ions  to  the  estimates  of  expenditures  for  the  coming  year,  in  view 
of  these  considerations' 

But  this  is  not  all.  This  bill  proposes  to  raise  ten  additional 
i-egiments.  The  expense  of  this  force  is  not  included  in  the  Sec- 
retary's estimates.  What  will  they  cost  ?  Sir,  I  am  not  enough 
of  a  military  man  to  determine  with  precision.  I  find  that  the 
pay  and  subsistence  of  a  regiment  amounts  to  about  two  hundred 
and  fifty  thousand  dollars  per  annum.  The  additional  expense  ol 
clothing  will  probably  carry  the  expense  up  to  three  hundred  thou- 


180 


THE  TEN  REGIMENT  BILL. 


[Thursday, 


sand  dollars.  The  bounties  for  1,000  men  amount  to  S12;000,  and 
the'expense  of  recruiting  to  about  the  same.  The  cost  of  raising 
a  regiment  and  transporting  it  to  tlio  scene  of  action  will  not,  in 
my  opinion,  fall  short  of  one  hundred  thousand  dollars.  This 
gives  you  an  expenditure  of  lour  hundred  thousand  dollars 
for  a  regiment  for  the  year,  or  four  millions  in  the  acgre- 
gate  for  the  troops  to  be  raised  by  this  bill  This  estimate 
IS,  in  myjudcment,  a  low  one:  and  as  it  is  not  included  in  the  Se- 
cretary's estimate,  I  add  it  to  his  estimated  tieficiency.  ' 

I  have  one  other  item.  The  Secretary  includes  in  his  estimate 
of  receipts  for  the  current  year,  the  sum'ofS6, 284,294,  as  avails  of 
loans  and  treasury  notes.  Of  this  sum  he  reports  $4,202,020,  as 
avadable  on  tho  1st  December,  1S47,  by  which  I  understand  tliat 
this  last  sum  is  yet  to  be  borrowed.  I  therefore  carry  it  to  tho 
amount  of  the  sums  to  be  raised  on  the  credit  of  the  government. 

The  result  of  these  corrections  of  the  Secretary's  estimate  is, 
then,  an  over-estimate  of  tlie  receipts,  or  revenues,  of  S17,000,000; 
an  under-estimaie  of  expenditure  of  $18,000,000,  or  .'B35,0I)0,000  in 
all;  to  which  are  to  be  added  the  sum  of  S4,000,000,  (imluded  in 
his  estimale  of  receipts,)  yet  to  be  borrowed;  and  the  deficiency  of 
$36,000,000,  as  estimated  by  him,  which  will  make  the  whole  defi- 
ciency of  revenue  on  the  30th  June,  1S49,  or  the  excess  of  expen- 
diture beyond  our  income  amount  to  the  sum  of  $75,000,000. 

But  it  has  been  stated  1o  us  that  there  was  an  error  in  the  Sec- 
retary's report  of  ihe  condition  of  the  treasury  of  nearly  seven  mil- 
lion of  dollars;  that  sum  being  in  the  treasury,  but  not  included  in 
his  estimate  of  means — and,  consequently,  that  his  estimate  of  de- 
ficiencv  should  have  been  less  by  that  sum,  I  therefore  deduct 
the  amount  from  I  he  aliovc  result,  which  leaves  the  ueficiencv,  on 
the  30th  June,  1849,  at  the  sura  '■f  $68,000,000.  And  in  this' there 
is  no  estimate  for  the  provisional  force  of  20,000  volunteers  con- 
lemplated  to  be  raised. 

This  may  appear  a  verv  large  estimate,  but  it  is  justilicd  by 
past  experience.  I  stated  to  the  Senate,  in  the  outset  of  my  re- 
marks, that  the  excess  of  expenditure  hitherto  has  been  from 
thirty  to  thirty-five  millions  a  year — anivingatthe  same  conclu- 
sion as  the  Senator  I'rom  Rhode  Island,  though  by  a  ditlerent  pro- 
cess. If  such  has  been  the  deficiency  heretofore,  what  is  it  to  be 
hereafter?  You  propose  a  more  extensive  plan  of  operations — an 
increase  of  your  standing  army  by  ten  thoasaiul  men,  and  a  ])ro- 
visionnl  force  of  twenty  thousand  men. 

Sir,  vou  have  thus  far  carried  on  this  war  under  the  most  favor- 
able circumstances.  I  was  about  to  say  with  the  especial  blessing 
of  Providence.  Had  it  not  been  for  the  peculiar  state  of  things  in 
Europe — calling  to  an  unprecedented  extent  for  our  productions, 
and  pourinu  into  this  country  an  abundance  of  the  precious  metals, 
and  thus  furnishing  an  antidote  to  the  exhaustion  of  your  treasury 
and  of  tho  currency  by  yonr  foreign  expenditure  under  the  opera- 
tion of  the  sub-treasury,  this  war  would  have  eca.sed  long  ago  lor 
want  of  the  means  to  prosecute  it.  We  have,  by  this  drain  of  the 
precious  metals,  brought  England  to  the  verge  of  bankruptcy — 
tho  Bank  of  England  to  the  brink  of  suspension,  and  thus  render- 
ed them  tributary  to  this  unfortunate  war.  But  the  state  of  things 
is  changed.  The  specie  is  rapidly  returning — tho  commercial  tide 
is  ebbing — commercial  enterprise  .stagnating,  and  tho  currency  is 
in  a  eondiliou  of  rapid  cui'tailment.  You  have  belore  you  the 
prospect  ot" commercial  and  financial  embarrassment. 

This  enormous  sum  ol'  nearly  seventy  million  of  dollars  must  be 
raised  within  less  than  eighteen  months  from  this  time,  because  it 
is  to  he  expended  during  that  period.  It  is  to  be  raised  also  upon 
the  naked  credit  of  tjie  government,  for  let  it  be  remembered  that 
this  sum  is  not  the  aggregate  expenditure,  but  is  the  excess  of  ex- 
penditure beyond  our  revenue.  This  brings  me,  sir,  to  the  impor- 
tant question — how  shall  it  be  obtained? 
Two  modes  are  suggested — 
1st.  A  direct  and  permanent  loan. 

2d.  An  indirect  and  temporary  loan  intho  form  of  an  emission 
of  treasury  notes. 

Sir,  I  will  undertake  to  demonstrate  to  the  Senate  that  neither 
of  these  modes  will  avail:  that  if  this  war  continue  the  treasury 
cannot  be  permanently  relieved  byllither,  nor  by  both.  Everv  con- 
sideration connected  with  the  sabjeet  combines  in  my  judsment  to 
justify  this  assertion. 

Where  is  this  seventy  millions  to  be  had?  Sir,  I  h.avc  it  from 
the  highest  authority — authority  which  I  appreliend  will  not  be 
questioned  by  any  member  <]f  this  body,  that  the  whole  amount  of 
specie  in  the  banks  of  New  York  does  not  exceed  five  millions  of  - 
dollars.  The  amount  in  Boston  probably  docs  not  amount  to  four. 
I  can  not  say  how  iniieh  may  be  in  the  banks  of  Philadelphia  and 
Baltimore — probably  less  than  in  New  York  and  Boston.  The 
Senator  from  Maryland,  (.Mr.  Piekce,)  says  two  millions  in  Bal- 
timor.".  How  much  there  may  be  in  the  southern  cities,  1  am  not 
able  to  sa)^;  but  their  resources  are  generally  less  than  those  of  the 
northern  cities,  as  their  banks  arc  generally  the  first  to  suspend 
and  the  last  to  resume.  It  is  not  probable  in  mv  opinion  that  all 
the  banks  in  your  conunorcial  cities  can  commaiut  more  than  twen- 
ty or  twenty-five  millions.  AVherc  then  is  the  enormous  amount 
which  you  require,  to  eomo  from  ?  Thero  is  now  a  bill  in  tho  other 
house  authorizing  a  loan  of  eighteen  and  a  half  millions  ;  and 
there  has  been  much  speculation  in  tho  country  as  to  the  proba- 
bility that  such  an  amount  would  bo  taken.  But,  sir,  when  you 
come  to  add  lifly  millions  more  to  cover  tho  defieieney  of  the  com- 
ing year,  I  deny  altogether  the  capacity  of  tho  country  to  furnish 
it.  It  is  a  physical  impossibility,  Tho  amount  is  not  in  the  eoun- 
tiT.  You  have  dissolved  your  connection  with  the  paper  currency 
of  the  country — you  insist  upon  gold  and  silver,  which  cannot  be 


had,  and  which,  in  the  present  state  of  your  commercial  relations, 
is  going  out  of  the  country  instead  of  coming  in.  Relief  to  the 
treasury  in  this  way.  under  the  circumstances,  I  pronoimce  im- 
practicable.    No  financial  skill  can  accomplish  it. 

Sir,  there  are  other  insurmountable  dffieulties  in  the  way  of  such 
enormous  loans,  even  if  you  had  not  hampered  yourselves  with 
your  sub-treasury,  .and  its  specie  clause.  The  surplus  capital 
growing  out  of  your  recent  coi#mercia!  prosperity,  has  already 
sought  investment — some  thirty  or  forty  millions  in  your  public 
debt — an  immense  amount  in  railroads  and  manufacturing  enter- 
prises, which  have  been  stimidated  by  the  unusual  activity  of  com- 
merce. Fifty  millions,  it  is  said,  have  been  invested,  and  are  in 
process  of  investment,  in  railroads  in  New  England  aloue.  The 
amount  now  being  invested  in  manufacturing  enterprises,  is  im- 
mense. Nor  is  this  all.  The  investments  are  incomplete,  and  the 
amount  already  invested,  must  draw  after  it  further  investments, 
to  a  very  great  extent,  or  the  enterprises  must  be  abandoned. 
This  circumstance  will  increase  the  demand  for  money,  and  will 
increase  also,  the  competition  with  you  in  the  market.  Largo 
amounts  are  absorbed  in  goods  on  hand,  which  cannot  be  realized 
until  the  goods  are  wanted  for  consumption,  nor  until  the  country 
acquires  the  ability  to  purchase.  The  greatest  obstacle,  perhaps, 
of  all  is  to  be  found  in  tlie  condition  of  the  money  market,  and  the 
state  of  the  currency.  Money  is  now  worth  upon  the  best  securi- 
ty, one  and  a  half  per  cent,  per  month.  The  currency  is  in  a  course 
of  rapid  and  stringent  contraction.  The  withdrawal  for  exporta- 
tion of  tlie  specie  basis,  upon  which  that  currenev  rests,  renders 
this  inevitable.  This  diminution  of  the  currency,  has  an  immedi- 
ate eilecl,  (whatever  may  be  llic  ultimate  elfect)  equivalent  to  the 
annihilation  of  so  much  capital.  Property  of  all  kinds  depreciates, 
individual  embarrassment  and  insolvency  follow,  and  this  in  turn 
re-acts  upon  the  currency,  by  endangering  the  assets  of  the  bank- 
ing uistitutions,  and  forcing  them  to  further  contractions.  Such  is 
the  present  condition  of  the  currency  and  the  money  market. 
How  long  -will  it  continue  ?  So  long  as  the  cause  which  produced 
it  continues  to  operate.     That  cause  is  this  JVIexican  war. 

I  have  spoken  of  the  exilortation  of  specie  to  England,  To  what 
is  that  owing  ?  Not  surely  to  any  commercial  debt  we  had  con- 
tracted there.  The  balance  of  trade  had  been  in  our  favor.  The 
immense  exportalions  of  our  productions  to  that  country  has 
drawn  from  them  an  immense  amount  of  the  precious  metals  ex- 
torted from  them  under  the  ])enalty  of  starvation.  The  sudden  re- 
flux of  specie  to  that  country  has  resulted,  not  from  our  commer- 
cial relations  with  it,  but  from  the  expenditures  of  this  Mexican 
war.  To  avoid  the  exportation  of  specie  to  Mexico  we  have  sent 
treasury  drafts  and  treasury  notes.  These  have  been  cashed  there 
by  English  capitalists  ;  the  money  has  been  disbursed  in  Mexico  by 
our  officers  ;  but  the  drafts  have  been  presented  lor  payment  at  the 
Treasury,  and  the  avails  exported  to  England.  .  It  has  been  found 
a  convenient  mode  of  remittance  of  the  gold  and  silver  of  Mexico 
to  England.  You  must  either  continue  this  process  or  send  the 
gold  and  silver  to  Mexico  (if  you  can  command  it?)  and  whether 
you  adopt  one  course  or  the  other,  is,  so  far  as  the  currency  is  con- 
cerned, unimportant.  No  further  exportation  of  specie  can  take 
place  without  crippling  the  currency. 

But,  sir,  could  you  eflect  these  loans  under  these  circumstances, 
vou  would  prostrate  the  whole  commercial  community  ;  and  with 
It  you  would  sacrifice  every  other  industrial  interest  and  annihilate 
your  revenue.  If  done  at  all,  it  must  be  done  by  hawking  about 
your  stocks  at  a  great  depreciation.  If  capital  is  thus  to  be  forced 
into  ncwchanncls,  the  efliict  may  be  easily  foreseen.  The  withdraw- 
al of  depositesl'rom  the  banks — thus  forcing  them  to  fm-ther  curtail- 
ments— the  forced  sale  of  stocks  tending  to  farther  depreciation  of 
every  species  of  property — would  result  in  mischief  indescribable — 
in  general  ruin.  Fortunately  for  the  country,  it  could  not  and  would 
not  sustain  such  a  pressure,  but  your  financial  ojierations  woidd 
fail.  Nor  do  I  wish  to  see  the  credit  of  this  government  in  the- 
hands  of  usurers.  This  might  be  done  if  the  rights  and  honor  of 
the  nation  were  at  stake,  but  never,  with  my  concurrence,  for  the 
purpose  of  carrying  on  a  war  commenced,  in  my  humble  judgment , 
without  necessity,  and  prosecuted  without  a  rational  object. 

With  the  sid)-treasury  in  operation,  you  can  never  expect  to  su|)- 
ply  the  deficiency  in  your  revenue.  Will  y<ui  modify  that  system 
by  repealing  the  specie  clause  ?  Will  that  avail  yon  ?  Tho  elfect 
will  be  merely  to  enable  you  to  receive  pajier  instead  of  coin. — 
That  pajicr  must  be  bank  paper  ;  there  is  no  other.  Y'our  loans, 
whether  obtained  from  banks  or  individuals,  will  be  received  in  that 
currency.  What,  then,  will  be  the  result?  You  will  require  of 
the  banks,  first,  a  currency  to  meet  the  exigencies  of  the  commer- 
cial world, *and.  secondly,  a  medium  for  your  immen.se  exficndi- 
tiire.  If  they  attempt  this,  I  hey  must  enlarge  their  circulation  to 
an  enormous  extent,  and  if  lliey  ilo  this,  they  will  inevitably  be  dri- 
ven to  suspension.  We  shall  find  ourselves  thrown  back  at  once 
upon  the  financial  policy  of  1814 — the  government  Icaniu''  upon 
suspended  banks,  and  tlie  banks  countenanced  and  sustained  in  the 
suspension  by  the  government. 

'I'liis  would  be  an  amusing  eomnient  upon  tho  boasted  divorce  of 
the  banks  and  the  government,  the  blessed  influence  of  the  consti- 
tutional treasury,  and  the  glorious  practical  results  of  tho  .specie 
humbug, 

15ut  notes  of  suspended  banks  would  not  answer  your  purpose. 
They  could  bo  used  at  home  only,  at  ii  discount  disguised  under 
the  ilevicc  of  high  prices,  increasing  still  farther  your  expenditures 
and  your  embarrassments,  and  would  be  useless  in  yonr  foreign 
expenditure. 

if  these  loans  cannot  be  cllcctod  at  home  can  it  bo  done  abroad  ? 


January  27. J 


THE  TEN  REGIMENT  BILL. 


181 


No  sir.  The  state  of  the  monetary  affairs  in  Europe  is  still  em- 
barrassed. They  are  just  recovering,  especially  in  England,  from 
extreme  pressure.  Confidence  is  not  yet  fully  restored.  They 
have  no  money  to  spare — and  if  they  had,  they  would  not  be  much 
inclined  to  aid  you.  American  public  i-rcdit  does  not  stand  very 
high  there;  and  above  all,  they  have  no  sympathy  with  you  in  this 
war.  They  have  seen  enough  of  interminable  war — they  are  dis- 
posed to  peace.  And  they  will  not  fail  to  regard  this  war  as  pro- 
secuted for  an  unlawful  purpose;  and  as  originating  in  reckless  am- 
bition and  love  of  conquest. 

Mr.  President:  The  next  topic  which  I  propose  to  discuss  is  the 
project  ot  supplying  the  deficiency  in  vour  revenues  by  means  of 
treasury  notes;  and  this  is  to  be  ccmsidered  first,  as  a  mere  reve- 
nue measure;  and  secondly,  as  a  means  of  relief  to  the  currency 
and  business  of  the  country. 

Sir,  as  a  revenue  measure  Treasury  notes  may  seive  as  a  tempo- 
rary relief  by  enabling  you  for  a  short  period  to  anticipate  the  reve- 
nue; but  they  can  never  supply  a  deficiency.  If  resorted  to  for  that 
purpose  they  must  necessarily  fail.  And  the  reason  is,  that  they  will 
;tbsorb"the  revenue  they  are  intended  to  eke  out.  To  give  tbem 
the  effect  inii-iidcd  they  must  be  made  payable  at  a  future  day  and 
upon  such  rate  of  interest  as  will  make  them  an  object  of  invest- 
ment, and  this  will  put  them  ort  the  footing  of  a  mere  security  for 
a  permanent  loan.  If  placed  upon  this  ground  they  will  be  elleet- 
nal  only  when  a  loan  upon  stock,  at  the  same  rate,  could  be  ob- 
tained. 

The  idea  that  tieasury  notes,  as  a  aovermnenl  cmrcncy  ri'- 
coivable  for  |iublic  dues,  and  convertible  into  money  on  demand, 
can  be  made  to  supply  a  deficiency  of  revenue,  is  to  my  mind  an 
absurdity.  Suppose  vour  expenditure  is  $.W,0C)0,(IO0,  and  your  re- 
venue $30,000,000— yon  issue  treasury  notes  for  $20,000,000  lo 
(■over  the  deficiency.  You  nuist  make  them  receivable  for  public 
dues  or  they  will  be  presented  at  the  Treasury  for  payment.  If 
receivable  "they  will  be  paid — in  lieu  of  reveime:  and  in  either 
rase  thcv  will  absorb  as  nmch  revenue  as  they  represent.  That  is 
to  say,  t'hey  will  absorb  20  of  the  $30,000,000  and  leave  the  de- 
ficiency the  same  as  in  the  outset.  To  avoiil  this  result,  they  must 
be  reissued  or  issued  to  an  amount  transcending  the  revenue;  and 
if  so,  how  shall  they  be  redeemed  ?  If  not  convertible  into  money 
at  the  pleasure  of  the  holder  w'ill  ihcy  answer  your  purpose  at 
home  or  abroad  ?  But  there  are  other  ditiiculties.  II  disbursed 
abroad  they  will  fall  into  the  hands  of  foreigners  as  they  have  billi- 
crto  done,  and  the  specie  will  l)e  dejuanded  for  ex])ort:ition,  as  has 
been"  the  ease  heretofore.  If  disbursed  at  home  tliey  will  fall  into 
the  hands  of  the  banks,  who,  in  the  present  crisis,  will  be  anxious 
to  fortify  themselves;  and  who  will  present  them  at  the  Treasury 
and  transfer  the  specie  to  their  vaults,  if,  jndeed,  the  specie  is  to 
be  had.  But  where  is  the  specie  to  bo  had  (  Not  at  the  custom 
house,  for  the  treasiu'v  notes  will  be  paid  in  there  in  lieu  ol  specie. 
They  are  at  this  moment  at  a  discount,  and  constitute,  as  is  well 
known,  almost  the  whole  of  your  receipts  there.  Not  at  the 
treasury  or  the  sub-treasury,  because,  it  is  not  at  the  custom 
house. 

These  treasury  notes  must  necessarily  depreciate.  They  are 
depreciated  now.  They  are  issued  confessedly  to  cover  a  deficien- 
cy of  revenue,  and  have  no  basis  to  rest  upon,  as  no  means  are  pro- 
vided for  their  redemption. 

Sir,  this  evil  of  depreciation  in  the  government  securities  is  one 
which  aggravates  itself.  It  leads  necessarily  and  inevitably  to  in- 
creased expenditm'c  The  greater  the  depreciation  tlic  greater 
must  be  the  issue;  and  the  more  there  is  issued  the  greater  is  the 
depreciation.  Thus  the  process  goes  on;  depreciation  leading  to 
extravagant  issues,  and  extravagant  issues  to  fiuther  depreeiau'on 
until  the  treasury  paper  sinks  below  any  standard  of  depreciation 
and  becomes  valueless,  because  it  has  no  standard  ol  value.  Such 
has  been,  and  such  wilf  be  the  fate  of  all  issues  upon  the  naked 
credit  of  the  government  unaccompanied  by  such  eflicient  provision 
lor  their  prompt  redemption  as  renders  them  readily  convertible, 
and  thus  sustains  their  credit. 

It  has  been  suggested  that  this  species  of  paper  may  be  issued 
as  a  mode  of  relief  to  the  currency  and  the  business  operations  of 
the  country.  This  is  the  counter  project  to  that  of  modifying  the 
sub  treasury.  It  raises  the  (luestion  whether  the  treasury  shall 
take  upon  its  shoulders  the  banks  or  the  banks  the  treasury,  when 
neither  can  stand  alone.  This  scheme  will  furnish  the  country 
with  a  depreciated  currency,  and  entail  upon  the  country  all  the 
evils  of  a  depreciated  and  still  depreciating  currency,  in  which 
evil,  the  government  in  all  its  financial  interests  must  participale. 
The  experiment  cannot  succeed.  We  cannot  find  an  instance  in 
the  history  of  nations,  where  such  a  financial  experiment  has  suc- 
ceeded. The  fate  of  the  continental  money  of  the  revolution — of 
the  French  assignats — of  the  experiments  in  our  own  country  of 


State  banks  to  issue  paper  upon  State  credit,  all  show  that  a  cur- 
rency, resting  upon  the  naked  credit  of  the  covernment,  must  ne- 
cessarily fail. 

National  credit  is  like  individual  credit — of  no  value  except  as  it 
is  based  upon  adequate  means  of  meeting  its  engagements.  Pa- 
per issued  professedly,  to  cover  a  deffieiency  of  revenue  without 
provision  for  its  redemption,  will  be  like  the  paper  of  an  insolvent 
individual,  worthless. 

i  have  said  that  treasury  notes  may  enable  you  to  anticipate  re- 
venue. But  no  man  supposes,  that  while  this  war  continues,  you 
will  have  any  surplus  of  revenue  over  your  current  expenditures. 
Nay,  the  reverse  will  be  the  ease.  There  must  be  an  annual  ac- 
eumiilalion  of  deficiency  and  of  debt.  If  you  would  anticiiiatc 
you  must  look  forward  to  a  period  beyond  the  duration  of  this 
war — to  the  revenues  of  peace — for  an  indednitc  period.  If,  there- 
fore, you  would  anticipate  the  means  of  redeeming  them  you  must 
make  your  notes  payable  upon  time,  with  a  rate  of  interest  corres- 
ponding with  the  value  of  your  stock.  This  would  place  them  on 
a  par  with  that  stock,  and  if  the  latter  would  not  be  taken  the 
linincr  would  not  avail.  But  if  you  make  them  a  mode  of  invest- 
ment they  cease  to  be  a.  currency. 

There  is  but  one  mode  in  which  treasury  notes  can  be  kept  in 
credit  as  a  currency,  and  that  is  as  I  have  already  suggested,  by 
providing  adequate  means  of  rcdemplion  when  the  issue  is  autho- 
rizeil.  But  what  means  can  you  provide?  Your  current  expendi- 
lure  will  :ibsorb  all  your  onfinary  revenues,  and  all  which  can  b(r 
derived  from  existing  sources.  You  have  but  one  resource  left — a 
direct  tax.  I  repeat  you  have  no  oilier  mode  of  providing  for  an 
i--siie  of  treasury  notes  to  cover  the  deficiency  in  the  revenues — ami 
this  must  be  resorted  to.  And  if  the  people  of  this  country  will 
submit  to  direct  taxation,  for  the  purposes  of  this  Mexican  oar, 
I  hey  will  give  you  strong  evidence  of  their  approbation  of  your 
policy. 

I  believe  I  have  shown  that  neither  loans  or  treasury  notes  will 
answer  your  purpose.  You  cannot  eommaml  the  means  of  re- 
lieving your  treasury  for  the  coming  year.  But  the  entire  occu- 
paiion  of  Mexico  is  contemplated,  and  it  may  last  for  years,  il 
so,  where  are  the  means  for  a  protracted  warfare  or  occupalion  <d' 
tluit  country  to  bo  found?  What  will  be  the  condition  of  your 
finances  or  of  the  commercial  and  monetary  all'airs  of  this  country, 
with  an  annual  deficieiidy  in  your  treasury  lor  a  series  of  years,  of 
from  thirty  to  forty  millions  a  year? 

Sir.  these  evils  are  only  to  lie  removed  by  removing  the  cause 
which  has  produced  them.  Put  an  end  to  this  war,  and  let  the 
finances  and  the  country  revive  by  force  of  its  elastic  energies 
under  the  sunshine  of  peace. 

A  few  words  as  to  the  project  of  deriving  a  revenue  from  Mexi- 
co, or  subsisting  your  armies  there.  Sir,  I  am  rejoiced  to  find  that 
the  idea  of  indiscriminate  plunder  is  abandoned,  although  the  pur- 
pose of  military  contribution  is  still  entertained.  I  have  always 
regarded  this  plan  as  chimerical.  How  will  you  carry  out  your  re- 
vemio  .system  there?  By  means  of  the  Mexican  authorities?  You  can- 
not trust  them.  They  would  require  more  overseers  than  it  would 
require  to  perform  the  service.  If  you  employ  American  ollicers 
they  will  defraud  and  resist  you.  Military  aid  must  be  employed, 
and  the  whole  matter  would  dcsenerate  into  military  contribution, 
and  niilitary  contribution  into  indiscriminate  plunder. 

As  to  military  contributions  it  is  enough  to  say  of  them,  in  the 
language  of  your  commanding  general:  "they  would  exasperate 
the  enemy  anil  starve  ourselves."  Production  would  cease  and 
the  country  become  exhausted. 

What  expectations  can  you  entertain  of  serious  relief  from  that 
country?  That  people  are  already  prostrated.  Their  means  arc 
exhausted  by  their  elliirts  for  their  own  defence.  You  have  over- 
run their  country,  disorganized  and  displaced  their  government — 
you  have  broken  in  upon  and  suspended  the  occupations  and  em- 
ployments of  peace,  and  above  all.  have  overlaid  their  industry  and 
their  resources  with  the  incubus  of  a  foreign  arniv  which  you  jiro- 
pose  to  spread  over  their  republic,  to  be  subsisted  upon  them. 
From  a  people  thus  trodden  down,  impoverished,  dishonored,  and 
exasperated,  you  can  expect  but  a  poor  harvest  of  revenue.  Sir, 
fire  and  sword  are  poor  financiers.  What  yon  gel  from  that  source 
will  be  but  a  drop  in  the  bucket.  There  niay  be  a  vision  of  wealth 
Iloeiting  before  the  imagination  of  some  in  the  mines  of  Mexico. 
But  it  is  to  be  remembered  first,  that  these  mines  are  private  pro- 
perty— many  of  them  the  property  of  Englishmen,  the  subjects  of 
a  power  both  able  and  willing  to  protect  their  rights;  and  secondly, 
that  all  the  mines  of  Mexico  in  the  hands  of  this  government  would 
prove  a  losing  concern. 

On  motion, 

•   The  Senate  adjourned. 


182 


PETITIONS— RESOLUTIONS. 


LFriday, 


FKIDAY,  JANUARY  28,  1848 


RESOLUTION    OF    THE    I.EGISLATURK    OK    HHOrK    ISLAND 


PETITIONS. 

Mr.  WESTCOTT  pie.srnud  a  momoviiil  of  citizens  of  Apala- 
chicnlit,  rioiitla,  priiymi,'  the  purchase ;  hy  llio  United  Stales,  of 
Mount  Vernoii. 

Mr.  W.  stated,  that  as  similar  pclilinns  signed  liy  more  than 
two  hundred  thousand  citizens  of  tlie  United  States,  were  to  be 
!«™-edily  presented,  he  would  move  that,  for  the  present,  the  peti- 
tion lic'npou  the  tabic;  which  was  agreed  to. 

On  motion,  by  Mr.  GREENK,  it  was 

Ordered,  That  the  petition  of  Welcome  Parmetcr,  on  tho  files 
of  the  Senate,  be  referred  to  the  Committee  on  Pensions. 

On  motion,  liy  ^\Ir.  MASON,  it  was 

Ordered,  That  the  petition  ofBancroft  Woodcock,  on  the  iil-js 
of  the  Senate,  be  referred  to  the  Committee  on  Patents  and  tho 
Patent  OtTiee. 

LIGHT-HOUSE    IN    LOUISIANA. 

Mr.  JOHNSON,  of  Louisiana,  submitted  the  following  resolu- 
tion, which  was  considered,  by  unanimous  consent,  and  agreed  to: 

Jiesofvetl,  Th;ittlie  OommittfG  on  Commerce  iie  inslructed  to  iiii|nire  into  the  e.\- 
pediency  of  making  an  aiipionriation  I'or  the  vonstriu-tion  of  ti  liglit  house  on  Raeeoon 
Point,  Dernier  Ule,  in  tlie  t?t.lteof  Ijooisiana;  and  into  the  e\[iedieiuv  of  an  appto- 
)>riation  for  a  tlontinsliijht  in  Atchafaiay.-t  M.iy.  .^tate  of  Louisiana. 

DUTIES    UrON    EXPORTS    TO    MEXICO. 

Mr.  MILLER  submitted  the  following  resolution  for  considera- 
tion : 

Jiritolrcd,  That  the  President  of  tlie  Uiiited'Statesbe  requested  to  inform  the  Senate 
whether  lie  has  caused  to  he  laid  and  collected  any  t.axes,  duties  or  imposts  upon  goods 
and  merchandize  helonging  to  citizens  of  the  United  States,  ex^iorled  by  such  citizens 
fmin  die  tinned  Slater,  to  Mexico,  and  if  so,  what  is  the  rate  ot  such  duties,  and  what 
.Tmount  ha;  been  collcded,  and  also  by  what  authority  the  same  have  been  laid  and 
i()llccted. 

RE-IMBURSEMENT    FOR    STOLEN    TREASURY    NOTES. 

Mr.  STURGEON,  from  the  Committee  on  the  Post  Ollice  ;inJ 
Post  Roads,  reported  a  liill  for  the  relief  of  Messrs.  (Jook,  Antho- 
ny, Mahon,  and  others  ;  which  was  rctid  and  passed  to  the  second 
reading. 

THE    HAMILTON    PAPERS. 

Mr.  PEARCE,  from  the  Committee  on  the  Library,  to  whom 
was  referred  the  petition  of  Elizabeth  Hamillori.  rcporlcd  a  bill 
authorizing  the  purchase  of  the  ))apers  of  Alexander  Hamilton  ; 
whieli  was  read  and  passed  to  the  second  reading. 

THE    TEXAS    N.WY. 

Agreeably  to  notice,  Mr.  RUSIf  asked,  and  obtained  leave,  to 
bring  in  a  bill  to  atithorize  tlie  President  to  increase  the  naval  es- 
tablishment of  the  United  States  ;  which  was  read  the  lirst  and  se- 
eond  limes,  by  unanimous  consent,  and  referred  to  the  Committee 
on  Ntival  Allairs, 

MONUMENTS    OF    I)ECE-A.SED    SEN.\TORS. 

The  Senate  proccdeed  to  consider  the  following  resolution,  sub. 
mitted  by  Mr.  Hannegan  on  the  20ih  instant,  ami  it  was  agreed 
to  ; 

nmolvcd.  That  a  select  comniitlee  be  ap|tonilr.l  to  inipiirc  ubclliei  il  may  tic  ne- 
cessary to  ado[it  any  measures  for  tlie  future  conslrncluin,  and  prcservaluni  ot'tiie  nion- 
nments  t.i  the  memory  of  deceased  members  of  the  Senate  ;  and  also  under  what  cir 
cumstances  monuments  have  been  so  erected,  and  may  hereafter  be  erected. 

On  motion,  by  Mr.  HANNEGAN,  it  was 

Ordered.  That  the  Committee  consist  of  live  members,  to  be 
appointed  by  the  Vice  Prcsiilenl  ;  and 

Mr.  Hann«can,  Mr.  Mangum,  Mr.  Hunter,  Mr.  Ciiitten- 
hen  and  Mr.  Douglas,  were  appointed. 

rnivATE  HILLS. 
On  motion,  by  Mr.  BAGBY,  tho  prior  orders  were  postponed, 


and  the  bill  to  authorize  the  settlement  of  the  account  of  the  late 
Joseph  Nour.se,  after  being  read  a  second  lime,  was  considered  as 
in  Committee  of  the  Whole  ;  and,  no  amendment  being  made,  it 
was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  lime. 

The  said  bill  was  road  a  third  time  by  unanimous  consent. 

Jii-solvtd,  That  this  bill  p-lss,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  uf  Representatives  in  this  bill. 

On  motion,  by  Mr.  TURNEY,  the  prior  orders  were  postponed, 
and  the  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  to  further  extend  the  patent  of  Jcthro  Wood. 

Mr.  BALDWIN,  having  withdrawn  the  amendment  previously 
submitted  by  him,  moved  the  following  jiroviso,  to  come  in  at  the 
end  of  the  bill  : 

Provided,  nevertheless,  that  the  owner  of  any  iilougli  heretofore  eonstrnctpd  on  the 
principle  of  said  invention,  or  his  assigns,  shall  confinue  to  have  the  same  right  to  use 
and  diS)ioseof  such  |ilougli  for  use,  ihat  he  or  they  would  have  had  if  this  act  had  not 
been  jiassed. 

The  bill  was  then  passed  over  infonnally. 

On  motion,  by  Mr.  UPHAM,  the  prior  orders  were  postponed, 
and  the  bill  lor  the  relief  of  Richard  Bloss  and  others,  was  read  a 
second  time,  and  considered  as  in  Committee  of  the  Whole;  and 
having  been  amended,  it  was  reported  to  the  Senate,  anti  the 
amendment  w;is  concurred  in. 

Ordered.  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unammoijs  consent. 

Rcsolecd,  That  this  bill  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  tho  Secretary  request  the  concurrence  of  th« 
House  of  Representatives  in  this  bill. 

WIDOWS    OF    REVOLUTIONARY    SOLDIERS. 

On  motion,  liy  Mr.  JOHNSON,  of  Louisiana,  the  prior  orders 
were  postponed,  and  the  Senate  proceeded  to  consider,  as  in  Com- 
mittee of  the  Whole,  the  bill  from  the  House  of  Representatives, 
making  further  provisions  for  surviving  widows  of  the  soMiers  of 
the  Revolution;  and  no  amendment  being  made,  it  was  reported  to 
the  Senale. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

nes,drcd.  That  this  hill  pas-. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

ADVERSE    REPORTS. 

The  Senate  proceeded  lo  consider  the  following  ailversc  reports, 
and  they  were  concurred  in: 

I'roni  the  fonnmltcc  on  Indian  .Ml'airs,  oil  the  petition  of  George  S.  Uaines. 

From  the  Coniniittce  on  I'ensious.on  Ihe  pelilion  of  George  Petty. 

I-'iom  the  (,'omniitlee  on  Naval  Aflairs,  on  the  petition  of  William  M.  Glend\ . 

From  the  Committee  of  Claims,  on  the  memorial  ol  George  Hervey. 

ytom  the  same  Committee,  on  the  memorial  of  Hugh  Monro  Mcl.eaii. 

THE    TEN    REGIMENT    BILL. 

The  Senate  resumed  the  consideration  of  the  bill  to  raise,  for  a 
limitiHl  time,  an  additional  military  force. 

Mr.  CASS. — I  have  been  desired  to  stale  that  it  is  the  wish  of 
my  friends  on  this  side  of  the  chamber,  that  this  debate  should  be 
brought  to  a  idosc  wilhin  the  most  reasonable  time.  There  is  no 
disp<7sition  on  this  .side  of  the  chamber,  to  interfere  in  the  slightest 
degree  with  the  freedom  of  debate,  or  to  prevent  the  fullest  ex- 
pression uf  iipinion'on  the  part  of  every  iiiciubcr  of  the  Senate;  but 
we  believe  that  it  is  very  important  that  the  debate  on  this  subject 
should  be  speedily  brought  to  a  elo.se.  There  are  other  important 
uu'iisnres  which  awail  the  action  of  this  body,  which  must  neces- 
sary be  delayed  till  this  bill  be  disposed  of.    'll  has  occurred  lo  us 


January  28.  | 


THE  TEN  REGIMENT  BILL. 


183 


that  hei-ealter  every  gentleman  who  addresses  the  Senate  on  this 
bill,  shoidd  terminate  his  speech  on  the  same  day.  We  will  bava 
great  pleasure  in  sitting  as  late  as  may  be  necessary,  lint  we  do 
hope  that  no  Senator  will  hereafter  occupy  more  than  one  day. — 
I  am  requested,  lurther,  to  state,  that  it  is  our  hope  that  this  de- 
bate may  be  brought  to  a  close,  if  not  at  tlie  end  of  ne.xt  week,  as 
early  in  the  week  after  as  pos.sible. 

Mr.  PHELPS. — It  is  with  the  utmost  repugnance  that  I  tres- 
pass any  further  upoij  the  patience  of  the  Senate;  and,  I  would 
most  cheerfully  consent,  as  far  as  I  am  concerned,  to  leave  the 
subject  hero  to  be  disposed  of  by  the  Senate;  and  I  assure  the  hon- 
orable Chairman  of  the  Committee  on  Military  Ali'airs,  that  if  no 
other  Senator  on-  this  side  of  the  House  ^s  more  dis|)osed  to  jiro- 
tract  the  debate  than  I  am,  his  wi.slies  will  be  speeddy  gratified. 
Sir,  jterhaps  I  owe  an  apoioay  to  the  Senate  lor  having  consumed 
so  much  time  yesterday,  without  concluding  my  remarks;  but  my 
apology  is,  if  an  apology  be  required,  that  the  subject  to  which 
my  remarks  were  directed  yestei-day,  is  a  subject,  in  itself,  almost 
inexliaustiblc  ;  and  I  have  found  it  impossible  to  express  tiilly 
ray  views  in  relation  to  it,  without  consuming  much  more  time  than 
I  should  desire. 

But,  without  further  preface,  I  will  resmiic  the  thread  of  my  re- 
marks. I  was  sjieaUing,  yesterday,  of  the  project  of  redeeming 
the  Treasury  by  the  emission  of  Treasury  notes;  and  was  advert- 
ing also,  to  another  consideration  connected  with  it — the  proposed 
relief  to  the  currency  and  the  business  of  the  country.  I  had  sub- 
mitted certain  remarks  in  the  Senate  for  the  purpose  of  showing 
tliat  such  a  device  would  prove  inetlcetual;  that  as  a  revenue  mea- 
sure it  would  absorb  just  as  much  as  it  would  supply,  and  that  it 
would,  therefore,  leave  a  deficiency  in  your  finances  as  great  as 
it  found.  I  have  a  few  additional  remarks  to  make  on  this  sub- 
ject. In  the  first  place,  I  repeat  that  treasury  notes,  although 
they  may  enable  you  to  anticipate  your  revenue  for  a  short 
period,  can  never  supjdy  a  deficiency.  Sir,  our  object  is  to  an- 
ticipate our  revenue,  but  not  a  revenue  for  the  present;  so  long 
as  this  war  continues,  it  must  be  obvious  to  every  Senator  who 
hears  me,  that  the  deficiency  cannot  be  supplied.  If,  therefore, 
we  wish  te  anticipate  our  revenue,  we  must  look  lorward  to  a 
time  of  peace;  we  must  look  forward  for  an  indefinite  period, 
and  we  must  anticipate  the  revenue  after  that  period  has  arrived. 
Well,  sir,  in  this  state  of  things,  it  is  perfectly  apparent  that  no 
relief  can  be  efiectual  unless  it  is  by  obtaining  money,  in  some 
shape  or  other,  on  a  ciedit  which  shall  cover  the  contmuance  of 
this  war,  and  carry  us  forward  to  a  state  of  peace. 

I  have  finished  the  remarks  which  I  intended  to  make  upon 
this  branch  of  the  subject.  I  should  be  willing  to  leave  it 
here,  bat  after  all  that  has  been  said  and  done,  and  after  all  the 
anxiety  which  has  been  expressed  and  felt,  and  which  is  still  felt,  I 
may  be  permitted  to  follow  the  example  of  other  gentlemen  in  pre- 
senting to  the  Senate  and  to  my  own  constituents,  some  other  rea- 
sons for  the  vote  which  I  am  about  to  give. 

Sir,  what  is  the  object  of  this  war  ?  Not  conquest,  it  has  been 
said,  although,  sir,  this  subject  has  assumed  a  great  many  phases 
since  we  entered  upon  the  war.  But  the  object  is  said  to  be  in- 
demnity !  For  what  ?  Indemnity  for  the  sum  of  some  four  or  five 
millions  of  dollars  for  claims  against  the  government  of  Mexico 
in  favor  of  our  citizens?  Well,  sir,  the  collection  of  this  paltry 
debt  has  already  cost  us  some  fifty  odd  millions,  and  if  we  arc  to 
regard  this  matter  in  a  pecuniary  point  of  view,  it  will  yet  cost  us 
much  more.  We  had  much  better  abandon  the  project  of  recov- 
ering our  debt  in  this  way.  But  the  President  has  told  us  (what 
is  undoubtedly  true,)  that  the  Mexican  government  has  no  means 
of  indemnifying  us  for  our  expenses.  They  have  no  money.  What 
then  are  we  to  have  by  way  of  indemnity  ?  He  tells  us  that  we 
must  have  land.  But  1  am  informed  they  have  no  public  domain. 
You  will  therefore  get  no  title  to  the  land.  You  mnv  act  .i. 
cession  of  territory,  and  what  does  it  amount  to  ?  Why  it 
amounts  to  the  acquisition  of  jurisdiction  over  a  horde  of  people, 
which  will  prove  nothing  but  a  burden  and  a  curse  to  you,  as  long 
as  they  are  on  your  hands.  Sir,  it  will  be  worse,  infinitely  worse 
than  the  Indian  population;  which  has  cost  this  Government  so 
much  trouble  and  so  much  money.  What  will  you  do  with  them? 
Will  you  assume  the  same  relations  to  them  that  you  do  to  the 
Indian  tribes?  That  cannot  be  done.  If  you  leave  them  the  form 
of  a  government,  as  you  leave  to  the  Indian  tribes,  your  relations 
to  them  must  be  one  of  perpetual  war.  No  man  eaii  expect  that 
quiet  possession  can  be  held  of  that  country,  so  long  as  they  have 
their  own  government,  and,  especially,  if  we  recognise  it. 
There  is  another  project,  wb.cii  is,  to  hold  it  as  a  province.  This 
has  been  already  demonstrated  by  Senators  to  be  impossible. 
Place  them  in  the  condition  of  a  province,  and  they  will  knock  at 
your  doors  until  they  place  their  representatives  in  these  seats. 
This  will  be  the  unavoidable  result.  There  is  an  end,  therefore, 
to  the  idea  of  governing  these  people  as  a  province.  The  result 
will  be,  as  a  inatter  of  course,  annexation.  They  must  be  taken 
into  our  Union.  They  must  be  brought  in  upon  the  footing  of 
American  citizens. 

Sir,  for  one,  I  want  no  partnership  with  this  people.  I  do 
not  desire  to.  see  them  brought  into  our  political  family.  I 
know,  sir,  that  what  was  once"  considered  as  a  problem,  is  now 
regarded  as  settled— that  extent  of  territory  is  no  serious  obstacle 
to  a  free  and  representative  government— but,  sir,  whether  your 
territory  be  great  or  small,  it  is  indispensable  to  the  maintenance 
of  a  representative  government,  that  its  population  should  be  a 
hoinogengns  people.    Sir,  I  liave  Lad  under  mv  eye  for  years  an 


experiment,  which  shows  the  utter  impossibility  of  bringing  a  peo- 
ple of  a  different  origin  and  of  peculiar  habits,  to  harmonize  under 
a  representative  form  of  government.  A  few  years  since  it  was 
the  policy  of  the  English  government  to  establish  a  Parliament  and 
a  system  of  representative  government  in  Canada.  What  was  the 
result?  We  all  know  that  the  French  population  of  the  Canadas 
areas  distinct  now  from  the  English,  as  they  were  when  the  English 
supremacy  was  established  there.  They  are  as  distinct  froni"  the 
English  as  if  the  two  classes  had  resided  in  different  hemispheres. 
The  result  was,  that  when  they  came  to  the  polls,  they  were  ar- 
rayed on  the  side  of  their  resjiective  races — and  their  dissensions 
instead  of  being  diminished  by  lapse  of  time,  were  only  increased. 
The  interposition  of  the  Crown  became  necessary,  in  order  to 
counteract  the  superiority  in  numbers  of  the  French  population  of 
the  lower  province,  and  this  led  to  the  paltry  rebellion  of  which  we 
have  heard  so  much.  It  became  necessary  at  last  for  the  British 
Parliament  to  unite  the  two  provinces  in  order,  by  the  introduction 
of  the  English,  Irish,  and  Scotch  population  of  the  upper  province, 
to  counterbalance  the  political  weight  ol  the  French  population  in 
tile  lower.  Now,  I  undertake  to  say,  that  if  the  people  of  Cana- 
da were  left  at  this  moment,  with  an  independent  and  representa- 
tive form  of  government,  five  years  would  not  pass  over  their 
heads,  without  presenting  to  us  as  the  result  of  the  experiment, 
a  civil  war  in  that  country.  The  population  of  Mexico  is  as  dis- 
tinct from  the  Anglo  Saxon  race,  as  any  two  races  are  distinct 
upon  earth.  Sir.  do  you  expect  the  deseendents  of  the  Puritans  to 
harmonb'.e  with  this  anomalous  population  ?  Can  you  reconcile 
the  love  of  order,  the  submission  to  law,  and  the  attachment  to 
peace  wiiicii  has  characterized  the  deseendents  of  Puritans  for  cen- 
turies past,  wilh  the  lawless  and  turbulent  propensities  of  a  people 
whose  elements  from  the  period  of  their  first  national  existence  to  the 
present  day  have  been  anarchy  and  revolution?  1  need  only  to  say  to 
you.  sir,  that  if  such  an  event  as  the  incorporation  of  that  eountrv  in- 
to this  Union  should  occur,  we  could  not  make  its  population  harmo- 
monizqwith  our  own.  Sir,  I  am  not  disposed  to  intimate  authorita- 
tively, nor  in  a  manner  which  will  admit  of  that  construction,  that 
the  consecpience  will  be  a  dissolution  of  this  Union.  But  I  may  be 
permitted  to  say,  that  in  reference  to  my  own  constituency,  and 
the  kindred  population  of  the  North,  that  in  ray  humble  judgment, 
if  ''thirty  new  Stars"  are  to  be  added  to  the  Union,  from  this  con- 
conquered  country,  it  will  be  beyond  our  power  if  we  would,  to 
hold  that  Union  together.  Sir,  my  opinions  arc  decided  in  regard 
to  this  matter.  I  want  no  persons  admitted  into  this  political  fam- 
ily, who  are  not  of  the  Anglo  Saxon  race  ;  unless  it  be  a  race  that 
can  amalgamate  with  us,  and  be  lost  in  one  homogenuous  mass. 

Sir,  I  think  the  ground  taken  by  the  honorable  Senator  from 
Maryland,  who  is  not  now  present,  exhibited  a  much  more  rational 
view  of  the  subject.  He  told  us,  that  our  indemnity  consisted  in 
military  glory,  in  the  brilliancy  of  our  achievement.s— in  the  exhi- 
bition of  our  power  in  the  results  of  our  splendid  military  career. 
I  agree,  sir,  with  the  honorable  Senator,  that  that  is  all  the  indem- 
nity which  we  can  get,  and  I  believe  if  the  honorable  Senator  were 
now  present,  he  would  agree  with  me,  that  if  this  is  to  be  our  in- 
demnity, in  God's  name,  we  have  had  enough  of  it.  Sir,  is  there 
any  new  lustre  to  be  added  to  our  career  of  conquest^any  new 
or  additional  reputation  to  be  acquired — ^is  it  necessary,  in  order 
to  vindicate  the  honor  of  this  Republic,  that  we  should  proceed  to 
trample  under  foot — to  denationalize,  and  reduce  to  perpetual  sub. 
jeetion,  a  foe  who  has  lost  the  power  of  resistance  ?  Sir,  I  am  so 
unfortunate,  that  I  have  not  looked  upon  the  glory  and  splendor  of 
military  achievements,  witli  the  same  sentiment  of  unmingled  ad- 
miration as  others  may  have  done.  I  am  constrained  to  say,  that  I 
have  turned  disgusted,  from  the  revolting  details  of  human  slaugh- 
ter, which  the  history  of  this  war  presents.'  Sir,  I  have  been  dis- 
jiosed  to  ask,  in  the  name  of  the  country,  in  the  name  of  a  chris- 
tian people,  in  the  name  of  humanity,  yes,  sir,  in  the  name  of  hu- 
manity's God — for  what  rational  jiurposes  arc  these  scenes  of  hu- 
man butchery  enacted  >  Sir,  when  I  am  told  that  the  object  is 
the  glory  of  military  achievement,  I  confess  that  my  feelings 
revolt  at  it.  No,  sir,  if  this  be  the  purpose,  in  heaven's  name,  let 
us  lie  satisfied  with  what  we  have  done  Let  us  pursue  this  object 
no  farther.  What  opinions  must  be  entertained  in  other  quarters 
of  the  world,  in  relation  to  this  Mexican  war  ?  It  must  be  re- 
garded as  a  war  for  national  plunder,  I  was  about  to  say,  of  na- 
tional piracy!  ''  And  instead  of  adding  to  the  honor  of  the  nation, 
it  will  call  down  upon  us,  if  persisted  in,  the  execrations  of  the 
civilized  world.     But,  sir,  I  leave  this  part  of  the  subject. 

Mr.  President,  it  is  somewhat  amusing  to  witness  the  various 
phases  which  this  subject  has  assumed.  In  May,  1846,  we  were 
told  that  American  blood  had  been  shed  upon  Ainetican  soil.  We 
were  told  that  the  honor  of  the  nation  was  involved,  and  we  were 
called  upon  to  vote  for  a  dcclaratio»  of  war,  because  the  indignity 
which  had  been  indicted  upon  us  by  the  sheddini;  of  American 
blood  upon  American  soil  called  loudly  for  retribution.  But,  sir, 
soon  this  became  a  war  ol  indemnily.  We  were  pursuing  this 
war  for  the  purpose  of  indemoilying  ourselves  for  claims  which 
our  citizens  had  against  Mexico  ;  and  while  we  were  pursuing  it 
for  this  purpose,  and  justifying  it  upon  this  around,  we  were  told 
that  Mexico  her.self  begun  it;  as  if  the  process  of  collecting  tliis 
debt  had  begun  not  on  the  part  of  the  creditor,  but  of  the  debtor. 
But  we  were  soon  told  that  no  indemnity  could  be  had  except  by 
the  acquisition  of  territory — that  Mexico  had  no  other  means  for 
indemnifying  us.  We  were  next  fmther  informe  1  that  we  must 
occupy  all  Mexico,  in  order  to  distress  her  and  bring  her  to  terms; 
vet  this  was  no  war  of  conquest.  It  was  a  war  for  territory, 
whicU  was  to  be  acquired  by  force,  and  kept  by  force,  bqt  not  a 


184 


THE  TEN  REGIMENT  BILL. 


[Fkiday, 


war  for  conquest.  Yes,  sir,  a  year  ago  we  were  told  that  it  was 
not  a  war  for  conquest,  but  a  war  for  indemnity.  Now,  after  the 
successes  of  the  last  canipaiijn,  we  are  told  that  it  is  still  a  war 
lor  indemnity — not  for  concjucst;  but  that  we  must  hold  on  to  what 
we  have  ijot,  and  when  we  get  possession  of  llie  rest  of  Mexico, 
we  can  tiien  determine  for  ourselves  whether  we  will  keep  it. — 
Here  is  a  subtile  distinction.  It  is  acquiring  the  territory  of  neiL'li- 
boring  nation  by  force  and  keeping  it  by  force,  but  it  is  not  con- 
quest. It  is  a  distinction  between  robbing  your  ncii;lilior,  and 
seizing  him  and  taking  from  liini  by  force  the  contents  of  his  pocket. 
What  next  ? 

We  are  now  told  that  the  object  is  the  conquest  of  Mexico,  and 
ihe  whole  of  Mexico.  The  wise  dis'iiietion  to  winch  I  have 
adverted  has  become  obsolete.  It  is  now  concpiest;  and  tins  con- 
quest without  any  declaration  of  a  purpose,  umlcr  any  circumstan- 
ces or  at  any  time,  to  relinquish  our  accpiisitions.  'I'lio  honorable 
Chairman  of  the  Committee  on  Military  AlDiirs,  if  1  understood 
him,  said  that  the  purpose  is  the  comiuest  of  the  country,  and  that 
whether  we  shall  retain  it  or  not  when  conquered,  is  a  (piestion  lo 
bo  settled  hereafter. 

Mr.  CASS.— If  the  honorable  Senator  will  allow  rae  :  I  said 
that  the  object  was  conquest,  with  the  view  of  conquering  peace. 

Mr.  PHELPS. — Ah  .'  it  is  a  conquest  of  the  country  for  the 
inirposo  of  conquering  peace.  Will  the  honorable  Senator  tell  me 
how  the  conquest  of  the  country  is  to  result  in  the  conquest  of 
peace  ?  You  priq)ose  the  occupation  of  the  whole  country — tfi  dis- 
place its  government — to  seize  its  revenues — to  take  its  people  un- 
der your"protection.  You  leave  no  government  to  make  peace 
with.  You  ileal  with  the  people  and  not  with  their  government. 
You  have  taken  |)ossession  of  a  jjortion  of  their  territory,  and  we 
are  advised  by  the  President  not  to  surrender  it,  but  to  extend  our 
laws  over  it.  Sir,  if  peace  is  to  be  attained  in  this  way  it  must  bo 
by  the  utter  extinction  of  Mexican  jiower.  A  peace  to  be  acqui- 
red in  this  way  is  a  peace  to  be  obtained  by  annihilating  the  pow- 
er which  is  opposed  to  you.  We  are  to  place  them  in  a  condition 
in  which  they  cannot  resist,  and  we  shall  be  at  rest  because 
their  power  of  resistcnce  is  extinct.  I  can  come  to  no  other  con- 
clusion. 

But,  sir,  the  object  is  now  slated  in  .some  quarters  to  be  the  con- 
qiiestof  the  country,  not  for  the  sake  of  indemnity;  that  has  become 
an  obsolete  idea  ;  but  it  is  to  be  a  conquest  for  the  benetit  of 
Mexico.  Yes,  sir,  we  must  concpicr  the  country  for  the  purpose 
of  putting  that  nation  to  .school.  We  must  assume  a  guardianship 
over  them  and  thus  put  an  end  to  their  dissensions.  AVhen  we  have 
reformed  their  hal.iits  and  sullicicntlv  indoctrinated  them  at  the 
point  of  the  bay'onet  into  our  custom.s  and  habits  and  political  creed , 
and  qualilied  thein  for  self-government,  by  the  salutary  influence  of 
military  subjugation,  we  are  then  to,  declare  them  of  age  and 
emancipate  them — if  we  please.  Now,  this  last  object,  this  newly 
discovered  purpose  for  which  this  Mexican  war  is  prosecuted, 
has  this  one  quality  to  reeommend  it  :  it  is  philanthropic.  It  is 
not  obnoxious  to  the  objections  which  I  have  urged  against  the 
pursuit  of  railitai-y  glory — -the  wholesale  slaughter  of  human  be- 
ings for  the  honor  of  the  deed.  For  war,  however  glorious  and 
dazzling  may  be  .some  of  its  appendages,  is  little  else  than  mere 
human  ijutcliery — justifiible  it  may  be  in  some  cases — but  il  un- 
jiistitiable,  it  is  nuthing  short  of  wholesale  murder. 

How  long  are  these  Mexican  people  to  be  kcjit  at  school?  How 
many  generations  are  to  pass  before  the  habits,  views  and  charac- 
ter of  this  people  are  to  be  changed?  Will  gentlemen  tell  us  how 
many  generations  are  required  to  extinguish  the  Castilian 
blood,  which  even  at  this  day  exhibits  itself  in  bold  relief  in  the 
characteristic  obstinacy  of  this  Mexican  people?  Sir,  it  will  en- 
dure for  centuries.  These  people  as  a  conquered  people  will  be  a  dis- 
tinct race,  and  the  longer  yon  keep  them  in  subjection  the  longer  will 
be  the  necessity  for  continuing  yonr  supervision.  If  they  have 
proved  ineoin])etent  to  sclf-governiuent,  they  will  not  improve 
under  military  supervision — if  unworthy  of  admission  into  the 
American  family  you  will  hardly  elevate  them  in  the  scale  of 
human  respectability  by  a  course  of  abject  servitude  to  a  people 
wlu.in  they  hate.  They  will  never  be  reconciled  to  your  govern- 
luent,  and  your  laws  and  institutions  can  be  sustained  among  them 
ludy  at  till-  point  of  ilie  bayoncl.  P,ut,  sir,  if  this  he  the  ob|Cct,  I 
prefer,  that  this  people,  instead  of  being  schooled  by  us,  be  lelt  lo 
the  management  of  their  own  alfairs.  I  prefer  altogether  the 
doctrine  which  permits  every  nation  to  regulate  its  o\vu  internal 
Bllairs.  and  whicdi  forbids  fm-eign   interference. 

Permit  me  jn  this  view  of  the  subject  to  express  my  deep 
regret,  that  the  purpose  of  conquest — if  it  were  the  oriiiinal 
object  of  the  war— had  not  been  openly  avowed  in  the  out- 
set. It  would  have  appeared  belter  in  iny  Inunl.lc  judgment, 
in  the  chiel  executive  ollu^cr  of  this  mivcrnment,  if  before 
proi'cediiig- as  I  may  say  by  stoaltli_|„  the  conquest  of 
Mexico,  he  had  submitted  the  '(piestion  to  tbi.  American  Con- 
gress, and  the  American  people.  Sir,  it  is  not  statesmanlike 
to  make  these  protestations  to  the  world,  that  the  purjio.se  of  the 
war  was  not  conquest,  when  at  the  same  time  every  proceeding 
on  the  part  of  the  government,  their  whole  policy  is  leading  to 
that  very  result.  All  this,  in  my  judgment,  is  utterly  ineonsisTent 
with  that  mgeni.'ous  and  straitforwnrd  course  which  oU"lit  ever  to 
churaclerize  the  Chief  Executive  Magistrate  of  this  nation.  Sir 
it  is  unfortunate,  extremely  unfortunate,  lluil  when  the  attention 
of  the  American  people  is  at  last  called  to  the  subject,  and  they 
seek  to  know  the  object  for  which  the  war  is  prosecuted,  they  are 


met  by  the  declaration,  that  in  all  human  probability  conquest  has 
bcf^ome  inevitable.  We  have  proceeded  too  far  to  retrace  our 
steps.  Wc  have  gone  on  until  wc  have  acquired  possession  of  the 
<'onntiy.  We  have  placed  that  people  in  a  condition  in  which 
they  have  no  government  with  which  to  negotiate.  We  have  placed 
them  in  such  a  condition,  that  wc  must  take  them  nnder'our  own 
])roteclion,  and  all  this  before  the  sense  of  Congress  or  the  Ameri- 
can people  is  ascertained.  Sir,  it  is  not  for  me  to  say  that  conquest 
was  the  original  objiMjt.  ('oinmon  courtesy  forbids  it.  AYere  it  other- 
wise it  would  ill  beeouK!  inc.  on  this  lioor  and  on  this  occasion,  to 
advance  so  grave  a  charge  in  the  face  of  the  repeated  protesta- 
tions of  the  Executive,  however  strongly  the  force  of  circumstan- 
ces may  indicate  its  truth.  15ut  I  do  say,  that  if  such  was  the  ob- 
ject, it  is  little  short  of  treason  to  the  American  people  to  pursue 
it  thus  by  stealth  until  the  evil  of  throwing  upon  our  hands  an  em- 
pire— peopled  by  a  race  of  dilferent  origin,  dilfcrent  language,  cus- 
toms, and  opinions,  both  political  and  religious — to  be  governed  as" 
a  dependent  pro.\inec  or  admitted  as  incongruous  material  into 
our  |K>litieal  union,  becomes  inevitable.  And  thus  to  place  us  in  a 
positiiui  where,  however  strongly  we  may  disapjirove  this  policy, 
and  dejirccate  snch  a  union,  wo  have  no  alternative  but  acquies- 
eencc. 

Sir,  the  questions  growing  out  of  this  unfortunate  war  are  too 
grave  to  be  left  to  Executive  discretion — its  results  involving  as 
they  do,  the  integrity  of  our  Union  and  the  perpetuity  of  our  in- 
stitutions, should  not  be  entrusted  to  the  judgment — the  caprice — 
the  policy — nor  the  ambition  of  a  mere  Executive  olliecr.  The 
inroad  upon  the  spirit  of  the  Constitution  in  this  assumption  of 
jiower  by  the  Executive,  in  entering  upon  his  own  responsibility 
upon  this  career  of  coi)(|uest,  would,  but  a  few  years  since,  have 
astounded  the  American  people  and  the  world.  The  countenance 
now  given  it  by  the  peo)do,  indicates  too  deoi.sively,  tlue  change 
which  has  taken  place  in  the  spirit  of  our  institutions — and  alibrds 
an  alarming  presage  of  greater  elmnges  hereafter.  This  is  a  very 
.serious  question — what  cll'cct  will  this  spirit  of  conquest  have  upon 
the  character  and  dis|iosition  of  the  American  jieople,  and  upon 
the  irenius  of  their  institutions?  This  passion  for  military  glory 
has  been  tlie  bane  of  all  republics,  the  disease  which  has  under- 
mined their  ciuistitutions  and  led  to  their  destruction.  I  did  hope 
that  our  jicculiar  position — .separated  as  we  are  from  the  old  world 
and  its  wars  by  the  ocean — would  save  us  from  this  lawless  spirit 
of  domination,  which,  when  it  once  comes  to  debauch  a  people, 
renders  them  incapable  of  scU'-government. 

Sir,  aaii  any  man  deline  to  me  the  relation  which  that  officer  holds 
to  the  Constitution  ?  On  the  one  hand,  he  is  the  Chief  Executive 
of  a  limited  government  with  limited  and  delegated  powers;  re- 
sponsible to  the  jiecqilc;  and  on  the  other  hand  he  is  a  military 
conqueror  proceeding  upo;i  the  right  of  conquest  and  .•standing 
upon  the  right  of  power.  Yes,  sir,  the  chief  Executive  oflieer  of 
our  limited  Constitution  .stands  at  this  moment  with  one  foot  upon 
the  Constitution  and  the  other  upon  the  law  of  conquest.  He  is 
at  this  moment  exercising  the  power  conferred  upon  him  by  the 
Constitiitioir,  and  he  is  at  tl  e  same  time  wielding  an  absolute  sover- 
eignty over  an  em])ire  unrestrained  by  any  restrictions  or  limitations 
whatever.  His  is  a  most  anamolous  position.  What  are  his  pow- 
ers?— and  how  arc  these  limited  and  delegated  and  qualified  pow- 
ers to  be  dovetailed  into  the  Constitution  in  connection  with  this 
unlimited  and  irresponsible  power?  Sir,  we  have  heard  much  here- 
tofore, and  with  great  reason,  of  the  encroachments  of  the  Exe- 
cutive power  ;  but  I  undertake  to  say,  that  the  President  of  the 
United  States,  independently  of  this  right  of  conquest  which  is  car- 
ried out  in  Mexico,  at  this  moment  wields  within  the  United  States 
a  power  which  the  Cramers  of  the  Constitution  never  contemplated. 

The  constant  accumulation  of  power  in  the  hands  of  the  Execu- 
tive bids  fair  to  destroy  the  balance  of  the  Constitution.  It  has 
been  an  object  of  mucii  alarm,  of  anxious  solicitude  to  the  states- 
men of  this  Country,  and  may  well  excite  the  anxious  solicitude  of 
the  country  itself. 

The  inimcnsi'  amount  of  power  vested  in  the  Executive  is  ex- 
tended already  beyond  any  previous  expectation.  It  reaches  every 
nook  and  corner  ol'  this  wide  spread  republic.  It  is  a  patronage 
all-pervading — a  patronage  increasing  with  a  rapidity  unexampled 
— as  the  blue  book,  now  a  ponderous  volume,  compared  with  the 
blue  book  of  former  years  will  illustrate.  It  expands  itself  with 
your  growth,  :iiid  planis  itself  among  the  pioneers  of  civilization, 
in  every  new  establishment  of  civilized  life.  Nay,  it  moves  in  ad- 
vance of  civilization,  and  liiids  a  wide  field  for  its  exercise  in  your 
Indian  dejiartincnt — in  regions  to  which  the  Indian  title  is  not  yet, 
extinguished,  where  savage  life  and  savage  manners  have  not  yet 
given  place,  and  which  the  tide  of  civUization  has  not  yet 
rcai'hcd.  This  immense  and  all-pervading  power  acts  directly 
upiiii  the  very  .source  of  political  power — the  people.  In  connec- 
tion with  this  is  the  Veto  power — a  power  engrafted  upon  the 
Constitution  to  sustain  and  preserve  the  legitimate  powers  of  the 
Executive,  but  used  of  late  without  scruple,  not  for  the  purpose  of 
protective  the  ICxecutive  I'rom  legislative  cneroachments,  but  as  I 
am  <-onstrained  lo  believe  and  to  say,  for  the  purpose  of  eontroling 
the  Icirishitive  power — of  holding  it  in  check,  and  of  moulding  its 
action  to  the  (qiinions,  views  and  purposes  of  the  Executive. 

To  these  powers  already  threutening  to  destroy  the  balance  of 
the  constitution,  is  now  tii  be  added  these  anomalous  powers  ap- 
pertaining to  the  President,  as  the  head  of  the  military  establish- 
ment, and  derived  from  the  law  of  n.ntions  and  of  conquest. 

How  can  you  (csist  this  tendeni'V  to  absolute  Executive  supre- 
macy ?  or  this  career  of  conquest  ?  Direct  legislative  action  will 
not  avail ;   the  veto  power  will  interpose,     i'ou  n^ust  refuse  to 


January  28.] 


THE  TEN  REGIMENT  BILL. 


185 


act — you  must  adopt  the  remedy  of  the  English  Commons  of  with- 
holding supplies.  But  will  this  avail  you  ?  The  President  has  as. 
sumed  the  power  of  levj-ing  money  in  Mexico — and  if  he  can  levy 
money,  can  he  not  also  levy  men  ?  May  he  not  have  a  purse  and 
a  sword  independent  of  you  ? 

Sir,  let  me  suppose  that  we  could  exchanffe  characters  with  the 
Mexican  people  ;  clothe  them  with  our  eneriry,  and  enterprise,  and 
ambition,  and  place  us  in  their  degraded  condition  ;  give  the 
President  the  power  of  levying  men  and  money  in  Mexico,  and 
how  long  would  our  ephemeral  republic  continue? 

Sir,  with  the  tremendous  power  thus  accumulated,  the  President 
may  overturn  the  constitution.  Not,  perhaps,  with  the  bayonet  at 
your  breasts,  but  by  the  tremendous  power  thus  acquired  and  thus 
wielded,  in  defiance  of  the  constitution.  Sir,  I  desire  to  learn  how 
this  assurap'tion  of  the  power  of  levying  money  in  Mexico  can  be 
reconciled  with  the  constitution.  In  what  portion  of  that  instru- 
ment is  it  to  be  found  ?  It  cannot  be  found  there  ;  if  justified  at 
all,  it  is  upon  the  right  of  conquest,  and  is,  therefore,  indepen- 
dent of  the  constitution.  What  is  to  be  done  with  these  military 
contributions  levied  there?  Upon  what  basis  does  the  financial 
sj'stera  established  there  by  authority  of  the  President  rest  ?  Are 
these  military  contributions  a  part  ol  your  financial  system  ?  Are 
they  based  upon  any  act  or  authority  emanating  from  you  ? 

Sir,  I  have  seen  this  morning,  for  the  first  time,  a  general  order 
from  the  commanding  General  in  Mexico,  levying  contributions 
there.  Will  the  President  account  to  you  for  them  ?  No,  sir  ;  he 
intends  no  such  thing.  He  will  dispo.se  of  them  at  his  pleasure. — 
What  is  to  be  done  with  the  revenue  collected  there  ?  If  paid  into 
your  Treasury  it  is  by  the  President's  permission.  If  expended 
there,  as  it  will  be,  will  he  wait  for  an  appropriation  ?  The  Secre- 
tary of  the  Treasury  tells  us  that  about  hall  a  million  has  already 
been  collected  there.  If  it  be  a  part  of  your  finances,  in  what  item 
nf  the  honorable  Secretary's  report  on  the  finances  is  it  to  be 
found  ? 

Sir,  where  is  the  ground  of  responsibility  to  you,  and  how  will 
you  enforce  it  ?  Upon  what  principle  will  you  hold  the  subordi- 
nates employed  in  the  collection  of  this  revenue  responsible  ? — 
Where  will  you  find  the  ground  of  responsibility  which  can  be  made 
the  subjiH^t  of  judicial  cognizance  ?  Will  you  assume  that  our 
constitution  and  laws  extend  to  that  country,  and  that  they  can  be 
judicially  extended  to  transactions  occurring  there?  If  so,  then,  that 
country,  by  becoming  subject  to  your  constitution  and  laws,  becomes 
ipso  facto  a  pari  of  this  Union,  and  annexation  is  efl'ectod  by  the 
act  of  the  President  alone.  Again,  sir,  if  tlio  President  is  consid- 
ered as  acting  within  the  pale  of  the  eonsstitution,  and  Mexico  is 
considered  pro  lac  vice  subject  to  your  jurisdiction,  by  what  au- 
thority does  he  buy  taxes  without  your  concurrence  ?  Nay,  by 
what  authority  has  he  established  a  lariflf  of  duties  dili'erent  from 
yours — an  arbitrary  tariff  of  his  own  ?  The  result  is  that  he  must 
either  be  regarded  if  exercising  these  powers  independently  of 
the  constitution,  or  of  that  country;  he  for  the  time  being  subject  to 
your  laws,  he  has  violated  the  constitution  by  making  himself  the 
law-maker  and  disowning  your  jurisdiction. 

Sir,  if  you  leave  him  to  the  exercise  of  this  despotic  power,  what 
will  be  the  effect  on  the  institutions  of  this  country  ?  The  tenden- 
cy of  all  this  is  to  infuse  a  military  spirit  into  the  constitution — 
to  engraft  upon  it  an  extraneous  power  of  the  most  arbitrary  cha- 
racter, which  will  absorb  the  limited  and  delegated  powers  of  the 
constitution,  and  over  ride  its  restrictions.  What  sort  of  an  ad- 
ministration shall  we  have  with  a  military  head  wielding  a  purse 
and  a  sword  not  subject  to  your  control  ?  This  war  is  debauching 
the  nation  with  the  love  of  military  glory — giving  to  our  iiistitutions 
a  military  character,  and  plaeinu  at  their  head,  instead  of  the  con- 
stitutional President,  a  military  Colossus.  This  may  lead  to  the 
overturning  of  your  government  and  the  desti  notion  of  your  liber- 
ties. Sir,  this  is  the  worst  aspect,  in  my  himible  judgment,  in 
which  this  unfortunate  war  can  be  vicw'cd. 

We  may  yet  feel'safe.  We  may  rely  upon  the  energies  of  this 
people  and  their  love  of  liberty.  But  who  can  penetrate  the  future? 
There  are  those  now  living  whose  memory  can  embrace  both  ex- 
tremities thus  far  of  our  national  existence — who  romeraber  the 

30th  Cong. — 1st  Session.— No.  24. 


period  of  1789,  and  the  adoption  of  the  constitution  ;  and  who  aro 
at  this  moment  watching  with  extreme  anxiety  the  issue  of  the 
present  crisis.  Who  among  them  would  have  beHeved,  had  it  been 
foretold,  the  astonishing  advancement  of  this  country  !  Sir  many 
of  us  of  younger  age  have  lived  to  see  what  we  never  imagined 
would  occur  in  our  day.  Our  progress  in  the  gradations  of  nation- 
al existence  has  been  without  a  parallel;  and  if  there  be  in  national 
existence  such  a  thing  as  youth,  maturity,  decrepitude  and  decay 
we  have  gone  through  the  first  with  unexampled  rapidity,  and  mav 
find  ourselves  at  the  last,  ere  we  are  aware  of  it.  We  have  accom- 
plished, wiihin  threescore  years,  what  has  required  centuries  else- 
where. We  may  find  our  decline  as  rapid  as  our  growth.  We 
may  be  prepared  for  the  fate  of  other  republics  in  an  early  staao 
of  our  national  existence,  as  our  maturity  has  been  early.  We 
may  find  ourselves  at  a  period  corresponding  with  the  rapidity  of 
our  national  advancement,  the  subjects  of  corruption  and  decay, 
and  like  preceding  repiiblics,  the  suifijects  of  a  military  usurper. 

Sir,  I  hoped  it  would  not  be  my  fate  to  witness  such  a  result; 
but  that  the  present  condition  of  the  country  tends  to  such  a  result, 
wo  have  too  much  reason  to  fear.  Sir,  let'this  war  be  terminated — 
let  ns  return  to  the  healthful  condition  of  peace — that  condition  best 
adapted  to  our  institutions,  and  that  alone  in  which  they  can  be 
perpetuated. 

How  shall  the  war  be  terminated?  My  answer  is,  by  demand- 
inn  of  Mexico  no  more  than  is  reasonable  and  just.  A  sense  ofjustico 
will  help  us  more,  if  we  desire  peace,  than  all  the  armies  in  the 
world.  Put  yourselves,  if  you  can,  upon  an  equality  with  that  peo- 
ple in  point  of  power,  and  then  ask  yourselves  what,  under  all 
circumstances,  is  proper  to  be  required  of  them. 

What  has  been  our  course  hitherto?  We  have  sent  out  Mr.  Trist, 
our  peace  commissioner,  but  we  have  sent  our  armies  with  him.  We 
have  tendered  negociation,  but  it  has  been  negociation  at  the  point  of 
the  bayonet.  We  have  commenced  negociation  with  a  proposition 
to  dismember  their  empire.  Give  us,  say  we,  one  half  your  em- 
pire, or  we  will  take  it  by  force,  and  the  other  half  with  it,  to  pay 
the  costs  of  the  proceeding.  Had  such  a  proposition  been  niadf 
lo  us  by  any  power  or  by  all  the  powers  upon  earth,  what  would 
have  been  the  sentiment  of  the  American  people  ?  Sir,  I  recollect 
well  that  at  the  commencement  of  negociations  at  Ghent,  a  prop- 
osition  was  made  by  the  British  commissioners,  to  establish  v\hat 
they  called  the  old  French  line  of  Canada,  which  would  have 
thrown  me  and  a  great  portion  of  my  humble  constituency  into  the 
dominions  of  Queen  Victoria.  Has  any  one  forgotten  the  burst  of 
indignation  which  ran  through  this  land  at  a  proposition  so  hum- 
bling and  insulting  ?  or  the  indignant  reply  of  our  commissioner  to 
the  proposition  ?  Sir,  is  there  a  man  who  hears  me  who  would 
not,  had  he  been  a  Mexican,  us  he  is  an  American,  have  repelled 
the  proposition  with  scorn? 

Sir,  if  my  advice  were  asked  as  to  the  best  mode  of  terminating 
this  war,  I  would  tell  you  :  Instead  of  indulging  in  the  spirit  of 
aggression  and  of  conquest,  infuse  a  little  moderation  into  your 
counsels;  abate  a  little  of  your  high  and  ofl'ensive  pretensions;  show 
a  disposition  to  preserve  instead  of  destroying  the  nationality  of 
Mexico — a  disposition  to  leave  to  her  the  integrity  of  her  empire, 
rather  than  lo  dismember  it.  Be  satisfied  with  a  reasonable  pro- 
vision for  your  claims.  If  this  war  be  a  war  of  indemnity  and  not 
of  conquest,  be  satisfied  with  a  reasonable  indemnify;  say  no  more 
about  indemnity  for  the  expenses  of  the  war,  which  you  know  is 
altogether  beyond  her  ability;  and,  above  all,  show  a  willingness 
to  relieve  her  from  the  pressure  of  your  armies,  so  offensive  to  her 
national  pride.  Place  yourselves  on  this  ground,  and  I  will  ven- 
ture my  himible  prediction  that  this  unfortunate  war  will  soon  be 
ended. 

Mr.  DOUGLAS  then  took  the  fioor,  but  subsequently  yielded  it 
lo  Mr.  Downs,  with  the  informed  understanding  that  he  should 
follow  the  Senator  from  Louisiana. 

After  the  consideration  of  Executive  business. 

The  Senate  adjourned  until  Monday  next. 


186 


PETITIONS— RESOLUTIONS. 


[Monday, 


MONDAY,  JANUARY  31,  1848. 


MEMORIALS    ANB    RESOLUTIONS    OF    THE    LKGISLATFRE    OF 
MISSOURI. 

Mr.  ATCHISON  presented  a  memorial  of  the  GeneTal  Asscm- 
bly  of  the  State  of  Missouri,  praying  lor  the  estabhshment  of  a 
territorial  government  in  the  territory  lymg  west  ol  that  State, 
which  was  referred  to  the  Committee  on  Territories. 

Also  a  memorial  of  the  said  General  Assembly ,  praying  a 
grant  of  p«X  land  to  aUl  in  the  improvement  of  the  Osage  nver; 
which  was  referred  to  the  Committee  on  Publie  Lands. 

Also  a  memorial  of  the  said  General  Assembly,  praying  that 
the  mourned  volunteers  of  that  State,  rnustered  into  the  service  of 
the  United  States,  may  receive  their  lull  pay  as  mounted  men.  and 
compensation  for  their  horses  lost  in  the  public  service;  which  was 
referred  to  the  Committee  on  Military  Aflairs. 

Also  a  memorial  of  the  said  General  Assembly,  praying  the 
final  ad'iustment  of  all  claims  to  lands  in  that  State,  under  French 
and  Spanish  grants  ;  which  was  referred  to  the  Committee  on 
Private  Land  Claims. 

Also,  a  memorial  of  the  said  General  Assembly,  praying  a  grant 
of  public  land  for  purposes  of  internal  improvement;  which  was 
referred  to  the  Committee  on  Public  Lands. 

Also  resolutions  passed  by  the  said  General  Assembly, .in  favor 
of  the  Tarifl"  of  July  30,  1846,  and  the  Independent  Treasury, 
and  deprecating  any  change  or  modificalion  affecting  the  principles 
of  either  of  those  acts;  which  were  referred  to  the  Committee  on 
Finance. 

Also  resolutions  passed  by  the  said  General  Assembly,  in  favor 
of  a  strict  adherence  to  the  principles  of  the  8th  section  of  the  act 
of  March  6,  182U,  (commonly  called  the  Missouri  Compromise,) 
in  the  organization  of  new  States  or  territories,  out  of  any  territo- 
ry now  belonging  to.  or  which  may  hereafter  be  acquired  by,  tho 
United  States;  which  were  read  and  ordered  to  bo  printed. 

PETITIONS. 

Mr.  NILES  presented  two  petitions  of  citizens  of  Connecticut, 
praying  a  reduction  of  the  rates  of  postage  on  newspapers,  which 
were  referred  to  the  Committee  on  the  Post  Office  and  Post 
Roads. 

Mr.  DIX  picsented  the  memorial  ofPriscilla  D.  Twiggs,  wi- 
dow of  Levi  Twiggs,  deceased,  late  an  officer  in  the  Marine  Corps, 
prayin"  to  be  allowed  a  pension  in  con.sideration  of  tho  loss  of  her 
only  soil,  who  was  killed  in  battle;  which  was  referred  to  the  Com- 
mittee on  Pensions. 

Mr.  CASS  presented  the  petiticm  of  John  Caldwell,  praying  the 
reimbursement  of  money  paid  by  him  for  tho  public  service,  while 
acting  as  assistant  quartermaster  to  a  regiment  of  volunteers  in 
Mexico;  which  was  referred  to  the  Committee  on  Military  AfTairs. 

Mr.  CORWIN  presented  a  petition  of  citizens  of  Warren  coun- 
ty, Ohio,  praying  the  establishment  of  a  mail  route  from  Spring- 
boro'  to  Ridg'eville,  in  that  State;  which  was  referred  to  the  Com- 
mittee on  the  Post  Office  and  Post  Roads. 

Mr.  BENTON  presented  the  memorial  of  John  Baldwin,  praying 
the  payment  of  the  unliquidated  instalments  of  Mexican  Indemni- 
ty,  due  him  under  tho  convention  of  January  30,  1843,  either  in 
money,  or  in  a  six  per  cent,  stock  of  tho  United  States;  which 
was  referred  to  the  Committee  on  Foreign  Relations. 

Mr.  HANNEGAN  presented  the  petition  of  Isaac  C.  Elston, 
and  the  petition  of  James  M.  Kibben,  each  praying  the  relinquish- 
ment of  the  reversionary  interest  of  tho  United  States  in  certain 
Indian  reservations  purchased  Viy  them;  which  were  severally  re- 
ferred to  the  Committee  on  Indian  Affairs. 

Mr.  DAYTON  presented  a  memorial  nf  members  of  an  agri- 
cultural society  in  New  Castle,  Delaware,  praying  an^xtens^ion 
of  a  patent  granted  to  Obed  Husscy,  for  a  reaping  machine;  which 
was  referred  to  the  Committee  on  Patents  and  the  Patent  Office- 
Mr.  BERRIEN  presented  the  memorial  of  the  Central  Rail 
Road  and  Banking  Company  of  Georgia,  priiying  tho  cancellation 
of  bonds  given  for  duties  on  certain  railroad  iron  imported  for  tho 
use  of  their  railroad. 

Tt  would  be  nerceived,  the  Senator  remarked,  that  tho  claim  of 
these  memorialists  wa»  to  the  legal  rii;lu  which  they  asserted 
they  had  for  th«  cancellation  of  tho«e  bonds,  they  haxing  complied 


with  the  requisitions  of  the  then  existing  law.  It  was  not,  therefore, 
a  question  of  finance,  but  one  of  legal  right,  which,  in  the  event  of 
its  refusal  by  Congress,  would  have  to  be  determined  by  the  courts 
of  justice.  The  memorialists  believed  they  had  complied  with  the 
requisitions  of  the  law,  which  rendered  null  the  bonds  which  they 
gave  for  the  payment  of  these  duties.  The  Secretary  of  the  Trea- 
sury had  suflf^red  this  matter  to  remain,  awaiting  the  decision  of 
Congress,  but  had  recently  notified  them  that  unless  Congress 
shall  act  definitely  on  the  subject  during  the  present  session,  these 
bonds  will  be  put  in  suit.  As  it  was,  therefore,  a  legal  question, 
presented  by  this  memorial,  he  would  move  its  reference  to  the 
Judiciary  Committee. 

The  memorial  was  accordingly  referred  to  the  Committee  on  the 
Judiciary. 

Mr.  UNDERWOOD  submitted  documents  relating  to  the  claim 
of  the  heirs  of  James  Rumsey,  deceased,  to  remuneration  in  con- 
sideration of  the  benefits  which  have  resulted  from  the  application 
of  steam  to  the  purposes  of  navigation  and  the  mechanic  arts,  of 
which  their  ancestor  was  the  original  inventor  ;  which  was  raterred 
to  the  Committee  on  Public  Lands. 

RECEIVERS  OF  THE  PUBLIC  MONEY. 

On  motion  by  Mr.  BREESE,  it  was 

Ordered,  That  the  Committee  on  Public  Lands  be  discharged 
from  the  further  consideration  of  the  resolution  of  the  Senate  of 
the  29th  December,  respecting  the  compensating  the  receivers  of 
the  public  money  who  perform  the  duties  of  Assistant  Treasurers, 
and  that  it  be  referred  to  the  Committee  on  Finance. 

OCEAN    STEAMERS. 

On  motion  by  Mr.  YULEE,  it  was 

Ordered,  That  so  much  of  the  report  of  the  Postmaster  General 
as  relates  to  a  contract  made  for  the  transportation  of  the  mail 
in  steamships  between  Charleston,  South  Carolina,  and  Havanna, 
in  Cuba,  be  referred  to  the  Committee  on  Naval  Afiairs. 

MESSAGE  FROM  THE  HOUSE. 

The  lollowing  message  was  received  from  tho  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  ; 

Mr.  President :  The  House  of  Representatives  have  passed  bills  of  the  following 
titles  : 

An  act  for  the  relief  of  Mary  Brown,  widow  of  Jacob  Brown^ 

An  act  for  the  relief  of  the  legal  representatives  of  James  Brown,  deceased. 

An  act  for  the  relief  of  Edward  <iuiiin. 

An  act  for  tlie  relief  of  George  Newton. 

An  act  for  the  relief  of  Russell  Gobs. 

An  act  for  the  relief  of  Albome  Allen 

They  have  passed  the  bill  from  the  Senate  entitled  ''An  act  supplementary  to  the 
act  entitled  'An  act  to  regulate  the  e.iercise  of  the  appellate  jurisdiction  of  the  Su- 
preme Court  in  certain  cases,  and  for  other  purposes,'  "  with  amendments  ;  lu  which 
they  request  the  concurrence  of  the  Senate. 

The  Speaker  of  the  House  of  Rspresentatives  having  sicned  an  enrolled  bill,  i  am 
directed  to  bring  itto'the  t^enalc,  for  the  signature  of  their  Presldeut. 

PRIVATE    BILLS,  ETC. 

Mr.  MASON,  from  the  Committee  of  Claims,  to  whom  was  re- 
ferred the  memorial  of  Clements,  Bryan  and  Company,  submitted 
a  report  accompanied  by  a  resolution  for  their  relief. 

The  resolution  was  read  and  passed  to  the  second  reading. 

Ordered, tTVaX  tho  report  be  printed. 

Mr,  JOHNSON,  of  Louisiana,  from  the  Committee  on  Private 
Land  Claims,  to  whom  was  referred  the  memorial  ol  Bailie  Pey- 
ton, submitted  a  report  accompanied  by  a  bill  to  authorize  the  Se- 
cretary of  the  Treasurv,  with  the  approbation  of  the  .\ttorney  Ge- 
neral,to  purchase  for  the  riiilcd  States,  the  interest  uf  Balie  Pey- 
ton in  tho  tract  of  land  on  which  the  light  house  stands  at  the 
South  West  Pass  at  the  mouth  of  the  Mississippi  river. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  bo  printed. 

Mr.  BALDWIN,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  petition  of  William  H.  Prentiss,  submitted  a  ra- 
port  accompanied  by  a  bill  for  his  reUsf. 


January  31.] 


COMPENSATION  OF  POST  MASTERS. 


187 


The  bill  wa»  read  and  passed  to  the  second  leaduig. 
Ordered,  That  the  report  be  printed. 

PUBLIC  LANDS  IN  OKEOON. 

Mr.  BREKSE,  from  tlie  Committee  on  Public  Lands,  to  whom 
was  referred  the  bDl  to  create  tlie  office  of  Surveyor  General  of  the 
public  lands  in  the  Territory  ol  Oregon,  and  to  grant  donation 
rights  to  settlers  therein,  and  for  other  purposes,  rept>rted  it  with- 
out amendment. 

COMPENSATION    TO    ACTING    PURSERS,    ETC. 

Mr.  YULEE,  from  the  Committee  on  Naval  Affairs,  reported 
a  bill  to  enable  and  authorize  the  accounting  ollicers  of  the  Trea- 
sury to  audit  and  settle  the  accounts  of  certain  acting  officers 
therein  mentioned  ;  which  was  read  and  passed  to  the  second 
reading. 

On  motion  by  Mr.  YULEE,  the  said  bill  was  read  a  second 
time  by  unanimous  consent,  and  considered  as  in  Commutee  of  the 
Whole  ;  and  no  amendment  being  made,  it  was  rejiorted  to  the  Se- 
nate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  luianimous  consent. 

Htsulccd,  That  tills  bill  pa?y,  and  that  llie  title  be  a«  afutvsaid. 

Ordered,  That  the  Secretary  request  the  concurrence  ol'  the 
House  of  Representatives  in  this  bili. 

COMPENSATION  OF  POST  M.ISTERS. 

Mr.  NILES,  in  reportiiig  a  bill  from  the  Committee  on  the 
Post  Office  and  Post  Roads,  in  amendment  of  an  act,  entitled 
"  An  act  to  amend  the  act  entitled  '  An  act  to  reduce  the  rates  of 
postages,  to  limit  tlie  use  and  correct  the  abuse  of  the  franking 
privilege,  and  for  the  prevention  of  frauds  on  the  revenues  of  the 
Post  Office  Department,  passed  the  3d  of  March,  1845,"  remarked, 
that  the  object  of  the  bill  was  to  correct  a  mistake  made  in  the  act 
of  last  session,  which  was  intended  to  increase  the  commission  of 
post  masters,  but  which,  by  an  inaccuracy  in  the  drawing  of  the 
bill,  was  made  to  diminish  the  commission.  In  order  to  correct 
the  mistake,  and  to  give  to  the  act  the  elfoct  obviously  in-ended 
by  both  Houses  of  Congress,  this  bill  was  now  reported.  It  wa.s 
also  designed  to  authorize  a  resettlement  of  such  accounts  of  post 
masters  as  had  been  made  under  the  erroneous  construction  of  the 
act,  and  to  imdemnify  them,  or  in  other  words  to  give  due  effect 
to  the  act  of  last  session,  in  the  case  of  all  accounts  which  had 
been  set-  led  under  it . 

The  bill  was  read  and  passed  to  the  second  reading. 

ADVERSE    REPORT. 

Mr.  BRIGHT,  from  the  Committe  on  Revolutionary  Claims,  to 
whom  was  referred  the  memorial  of  Maria  Caldwelf  Robertson, 
submitted  an  adverse  report  thereon. 

JETHBO  W00D'.S  PATENT. 

On  motion  by  Mr.  CLARKE,  the  Senate  resumed,  as  in  Com- 
mittee of  the  Whole,  the  consideration  of  the  bill  to  further  ex- 
tend the  patent  of  Jethro  Wood. 

The  question  being  put  on  agreeing  to  the  amendment  moved 
by  Mr.  BALDWIN,  on  the  28th  inst.,lt  was  determined  in  the  af- 
firmative . 

The  bill  was  then  reported  to  the  Senate  and  the  amendment 
concmred  in. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Resolved,  That  this  bill  pa&s,  and  that  tiie  title  thereof  be  aa  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

ADDITIONAL    CLERKS    IN    THE    PATENT    OFFICE. 

On  motion  by  Mr.  WESTCOTT,  the  bdl  to  provide  for  addi- 
tional examining  clerks  in  the  Patent  Office,  and  for  additional 
fees  in  certain  cases,  was  read  the  second  time,  and  considered  as 
in  Committee  of  the  Whole. 

On  motion,  by  Mr.  BREESE,  it  was 

Ordered,  That  the  further  consideration  thereof  be  postponed 
until  to-morrow. 

SIGNING    OF   A    BILL. 

The  VICE  PRESIDENT  signed  the  enrolled  bill,  making  fur- 
ther propsioB  for  surviving  widows  of  the  soldiers  of  the  revolu- 
tion; and  it  was  delivered  to  the  Committee  to  be  presented  to  the 
President  of  the  United  States. 


MESSAGES    FROM    THE   PRESIDENT. 

The  following  messages  were  received  from  the  President  of 
the  United  States,  by  Mr.  Walker,  his  Secretarv: 

To  rhe  Senate  of  the  United  States: 

I  comiiiunicate  herewith  a  report  from  the  Secrelay  of  War,  with  the  accompanying 
docQments,  in  answer  to  the  resolution  of  the  Senate,  of  the  iMth  instant,  requesting 
to  be  furnished  with  "copies  of  the  letters,  reports  or  other  communications',  which  are 
referred  to  in  the  letter  of  General  Zachary  Taylor,  dated  at  New  Orleans,' 20th  July, 
lt+45,  and  addre.^ed  to  the  Secretary  of  War.  and  which  are  so  referred  to,  as  con- 
taining the  views  of  General  Taylor,  previously  communicated,  in  regard  to  the  line 
proper  to  be  occiipied  at  that  time  by  the  troops  of  the  United  States,  and  any  siniUar 
communication  from  any  officer  of  tlie  army  on  the  same  subject." 

JAMES  K    I'OLK 

Wa-shinglon,  January  31,  1(:'4H. 

To  the  Senate  of  the  Vnrted  States: 

I  transmit  iierewith  a  report  of  the  Secretary  of  War,  containing  tlie  information 
called  for  in  tlie  resolution  of  the  Senate  of  the  20lh  instant,  in  relation  to  General 
Orders,  No.  37ft,  issued  by  Geueral  Scott,  at  Headquarters.  iVIe.\ico,  bearing  date  the 
l.'ith  December  last. 

JAMES  K    POLK. 

Waslunglon,  January  31,  184^. 

To  the  Senate  of  Uie.Vniti-d  States: 

I  transmit  herewith  the  annual  report  of  the  Director  of  the  IVlint  at  Philadelphia, 
showing  the  operation  of  the  Mint  and  Branch  Mints  tor  the  vear  lft47. 

JAMES  K.  POLK. 
Washington,  January  31,  1848. 

The  messages  were  severally  read,  and  ordered  tu  be  printed. 

BILLS  FROM    THE    HOUSE. 

The  bills  from  the  House  of  Representatives  for  the  relief  of 
Mary  Brown,  widow  of  Jacob  Browni;  for  the  relief  of  George 
Newton;  and  for  the  relief  of  Russell  Goss;  were  severally  read 
the  first  and  second  times  by  unanimous  consent,  and  referred  to 
the  Committee  on  Pensions. 

The  bills  from  the  House  of  Representatives  for  the  reUefof  the 
legal  representatives  of  James  Brown,  deceased;  and  for  the  re- 
lief of  Alborne  Allen;  were  severally  read  the  first  and  second 
times  by  unanimous  consent,  and  referred  to  the  Conmiittee  of 
Claims. 

The  bill  from  the  House  of  Representatives  for  the  relief  of  Ed- 
ward Quinn,  was  read  the  first  and  second  times  by  unanimous 
consent,  and  referred  to  the  Committee  on  Naval  Affairs. 

PERSONAL    EXPLANATION. 

Mr.  SEVIER  asked  the  indulgence  of  the  Senate  for  a  lew  mn- 
ments,  in  order  to  correct  a  misrepresentaticn  of  remarks  made  by 
him  a  few  days  since.  He  found  an  article  in  the  "National 
Intelligencer''  of  Saturday  last,  under  the  imposing  caption "Ac- 
quisition of  desired  territory  by  force,  and  not  of  right,  boldly 
avowed  as  the  principle  of  the  administration" — in  which  it  was 
attempted  to  show,  that  be  had  affirmed  such  a  principle.  Now 
he  had  never  broached  such  a  doctrine.  He  had  never  contended' 
he  did  not  now  contend,  that  any  power  had  a  rin-ht  to  take 
territory  to  which  it  had  no  claim.  In  the  remarks  made 
by  him  on  which  the  article  in  question  affected  to  be  a 
commentary,  he  had  distinctly  and  explicitly  maintained,  that 
the  claim  to  the  right  of  navigating  the  Mississippi  was  the 
ground  on  which  the  action  of  the  government  had  been  predica- 
ted; and  that  the  claim  on  which  the  act  of  1806  rested,  was  ths 
title  which  the  United  States  government  believed  they  had  bv  vir- 
tue of  the  purchase  of  Louisiana.  He  did  not,  however,  cliarae 
the  "  Inteihgencer"  with  deliberate  misrepresentation,  as  the  re- 
port of  his  remarks  was  not  quite  correct.  Injustice  to  the  Re- 
porter, it  was  proper  to  add,  that  the  report  was  submitted  to  h>m 
(Mr.  S.)  but  being  engaged  on  committee  business  at  the  time,  he 
was  hurried,  and  did  not  notice  the  omission  of  a  single  word  which 
obscured  the  sense.  On  the  same  occasion  he  had  spoken  of  the 
Perdido  as  the  eastern  boundary.  In  the  report  it  was  made  sou- 
thern boundary,  and  he  desired  to  correct  that  error,  lest  the  "  In- 
telligencer" should,  perhaps,  make  it  the  ground  of  assailiiiff  him 
on  the  score  of  geographical  knowledge. 

TEN    REGIMENT    BILL. 

The  Senate  resumed  the  consideration  of  the  bill -to  raise  for  a 
limited  time,  an  additional  military  force. 

Mr.  DOWNS.— I  had  no  intention,  Mr.  President,  when  this 
bill  first  came  up  in  the  Senate,  to  say  anything  upon  the  subject. 
I  thought,  sir,  that  our  progress  in  this  war  with  Mexico  w-as 
such — we  having  advanced  to  the  interior  of  that  country,  taken 
possession  ofits  capital,  and  accomplished  everything,  practically, 
that  the  army  and  the  President  could  accompl'ished — that  at  the 
meeting  of  this  Congress,  when  it  came  together,  it  would,  in  its 
dehberations  upon  this  subject,  rather  indicate  what  further  steps 
should  be  taken  in  the  matter,  and  would  occupy  their  time  in  ac- 
tion rather  than  words,  I  had  no  expectation  whatever,  when 
this  bill  was  first  introduced,  that  its  passage  would  be  delayed, 
and  that  the  measmes  recommended  by  the  President  would  be 
opposed. 

I  find,  however,  that  I  have  been  very  much  mistaken.  When 
it  was  proposed,  for  the  first  time,  to  take  up  this  bill,  I  happened 
not  to  be  in  the  Senate  on  that  day,  a.nd  I  believe  it  was   the  only 


188 


THE  TEN  REGIMENT  BILL. 


[Monday, 


dav  in  wliicli  I  was  absent  since  the  commencement  ol'  the  session 

jint,  upoB  inquiring,  I  found  tliat  opposition  was  made   to  sucli 

consideration,  and  tlierc  was  a  very  close  vole  as  to  wlietlier 
llie  bill  slu.uld  lie  talcen  up.  1  iinilerstood  from  that  fact,  at  tliat 
time,  that  some  obstructions  wonhl  l)e  thrown  in  the  way  ot  its 
passajie;  but,  still,  I  did  not  anticiitale  that  decided  opposition  to 
the  bill,  which  has  since  been  manilesled  on  the  other  .side  ol  the 
uliamber. 

Mr.  President,  as  we  have  had  so  much  discussion,  and  so  much 
diiference  of  opinion  as  to  the  orifiin  of  this  war;  and  as,  perliaps, 
we  shall  hereafter  have  a  diHerence  of  opinion  as  to  the  question  by 
whom  the  opposition  to  the  hill  was  conmicnced.  I  wish  to  place 
on  record,  the  history,  as  I  imderstand  it,  of  this  debate.  In  so 
doini;,  it  will  be  necess.iry  for  me  to  allude  to  the  course  ol  certain 
Senators  upon  this  all  important  subject;  for,  in  relation  to  the 
history  of  the  action  of  the  Senate,  in  the  debate  on  this  bill,  1  do 
not,  for  one,  desire  to  have  the  question  Iclt  m  doubt  as  to  who 
commenced  or  protracted  this  war  of  discussion.  \Vhen  the  at- 
tempt was  first  made,  sir,  to  call  this  bill  up  for  consideration,  the 
objection,  as  I  understood  from  the  •'Official  Proceedings,  to 
lakina  it  up,  was  not  one  of  dirert  opposition  to  the  bill,  but,  sm>- 
ply  whether  it  should  be  taken  up  or  not  at  that  time.  At  all 
events,  that  appeared  to  be  the  li!,'ht  in  which  it  was  regarded  by 
the  chairman  ol  the  Military  Committee. 

We  soon,  however,  came  to  another  stage  of  proceduie 
in  this  matter :  some  days  after,  when  the  bill  was  again 
called  up,  an  amendment  was  otfered  by  the  Senator  Iroiu 
Kentucky,  [Mr.  Crittenden,]  to  change  the  provisions,  &c. 
Still  I  did  not  understand  that  to  be  opposition  to  the  bill,  for,  if  I 
understood  the  Senator's  remarks,  on  that  subject,  it  was  not  de- 
nied thai  the  President  should  lie  properly  sustained  in  the  conduct 
of  this  war.  And  I  am  more  confirmed  in  that  opinion,  from  an 
incident  that  occurred  about  that  period.  In  some  preliminary 
discussion  at  that  time,  I  recollect  very  distictly  that  the  honora- 
Me  Senator  from  Kentucky,  seemed  to  be  very  much  surprised,  at 
an  incidental  remark  that  fell  from  the  Senator  from  Mississippi  viz  : 
that  the  prosecution  of  the  war  had  been  delayed,  or  procrastina- 
ted bv  Congress.  I  confess  that  I  was  very  much  of  the  opinion 
of  the  Senator  from  Kentucky,  and  I  thought  that  the  objection  of 
the  Senator  from  Mississippi  was  not  so  well  founded,  as  he  afrirni- 
ed  it  to  be.  I  supposed  that  there  had  been  no  serious  objection 
at  the  former  session  designed  against  the  particular  measures  re- 
commended for  the  prosecution  of  the  war,  I  did  not  understand 
from  the  amendment  of  the  Senator  from  Kentuckj',  that  such  op- 
position was  intended  ;  but  that  there  was  only  some  ditl'erenee  of 
opinion  as  to  the  details  of  this  particular  measure.  But,  Mr. 
President,  we  soon  arrived  at  other  stages  of  this  business.  It 
was  remarked  the  other  day,  by  an  honorable  Senator  on  the  other 
side  (I  do  not  now  recollect  which,)  that  the  Chairman  of  the 
Committee  on  Military  Affairs,  and  those  connected  with  him  in 
the  support  of  this  biil,  were  "making  considerable  progress" — 
that  he  had  at  first  disclaimed  all  idea  of  the  conquest  of  all  Mex- 
ico ;  but  that  he  now  seemed  to  be  disposed  to  regard  it  as 
not  so  unreasonable,  or  so  monstrous — that  such  an  idea  might  be 
tolerated,  and  that  therefore  he  was  making  some  progress. 

Now,  I  must  say  in  reply,  that  those  who  are  thus  charging  ns 
with  inconsistency,  are  changing  the  position  which  they  hacT as- 
sumed at  the  commencement,  very  rapidly.  It  is  they  who  have 
been  making  progress;  but  I  must  be  allowed  to  say  that  it  is  a 
progress  backwards — from  the  time  when  the  bill  was  first  propo- 
sed to  the  present  moment,  they  have  manifested  an  increasing 
opposition  to  the  prosecution  of  this  war.  Not  only  do  they  find 
faiilt  with  the  suggestions  of  the  President  of  the  United  States  ; 
with  the  suggestions  of  the  War  Department;  with  the  reports  of 
the  Chairman  on  Military  Affairs,  and  with  all  the  authorities  usu- 
ally allowed  on  such  occasions,  but  they  resist  and  contest  them  at 
every  point,  and  have  denounced  in  the  strongest  terms  the  prose- 
cution of  the  war.  That  was  the  stage  in  the  course  of  their  pro- 
ceedure  upon  this  subject ,  marked  out  by  the  Senator  from  Dela- 
ware. But  they  did  not  stop  there.  There  was  still  another  stage 
— where  they  will  stop  hi  their  onward  career,  I  cannot  say;  for 
soon  after  another  honorale  Senator— the  Senator  from  Connecti- 
cut— offered  a  resolution  which  took  still  liisher  ground  :  in  the  first 
place  that  Mexico  had  no  pubhc  domain,  alid,  secondly,  if  she  had, 
she  had  no  power  to  cede  any  of  said  territory  to  us  ;  and,  there- 
lore,  our  idea  of  acquiring  territory  for  indemnitv  was  ahogelher 
futile.  Such  has  been  the  progress  of  the  opposition  to  tins  bill, 
and,  I  must  confess,  sir,  that  every  additional  step  that  has  been 
made  has  but  astonished  me  the  more.  These  latter  positions  as- 
sumed by  an  honorable  Senator  have  especially  astonished  me 
more  than  all  the  rest.  What  are  thev  V  Why,  that  Mexico 
has  no  puolic  domain,  and  that  we  can  get  notliing  from  her.— 
Well,  sir,  I  will  not  stop  to  discuss  that  question,  lor  I  care  very 
liltle  whether  she  has  any  public  domain  or  not.  though  I  under- 
stand the  lact  very  diflerently.  I  understand  that  Mexico  has  a'puh- 
lie  domain.  I  think  it  very  immaterial,  and  that  the  acquisii  imi  of 
territory  Uirthe  public  land  it  brings  into  ilic  country  is  of  no  ^reat 
advantage.  In  regard  to  publie  land,  generally,  and  in  respect 
particularly  to  the  immense  territory  we  have  held,  I  think  they 
bring  in  but  very  little  income  to  the  government.  I  venture  to 
say,  that  on  examination  in  respect  to  tlie  value  „fil,e  public  lands 
in  this  country,  that  alter  deducting  the  expenses  of  surveys  pur- 
chases, and  the  other  necessary  expenses,  it  would  be  found  that  it 
has  been  by  no  means  a  money-making  business.  There  are  other 
advantages  in  the  acquisition  of  territory  besides  the  mere  value  of 
the  land,    Tbt  increase  of  population,  of  commerce,  and  conse. 


qucntly  of  revenue  resulting  from  such  acquisition,  must  be  taken 
into  account.  Suppose  we  had  never  received  a  dollar  out  of  tlia 
immense  territory  acquired  by  the  acquisition  of  Louisiana,  would 
not  the  acquisition,  considering  the  millions  of  revenue  received  at 
New  Orleans,  have  been  a  sufficient  inducement  to  its  acquirement' 
I  believe  Mexico  has  a  public  domain  to  cede,  but  whether  she  has 
or  not  I  do  not  care  a  straw.  We  want  the  territory  for  the  spread 
ol  populaliim,  the  increase  of  our  commerce,  and  the  extension  of 
our  liberties,  just  as  we  wanted  LouLsiana  and  the  valley  of  the 
Mississippi,  Floridas,  and  Texas.  I  shall  not  follow  the  Senator 
in  his  argument  on  tliis  point.  He  cited  from  a  work  on  interna- 
tional law,  of  which  I  profess  to  know  but  little.  I  shall  not  then 
follow  him  in  that  quotation.  But  I  should  think  that  such  law 
as  that  which  he  eitcd  is  at  variance  with  the  practice"  of  all 
nations,  eontrary  to  common  sense,  and  not  to  be  tolerated  in  this 
age  of  the  world.  How,  I  would  ask,  did  we  acquire  the  very 
ground  on  which  this  capitol  stands?  Tradition  records,  that  the 
Indians  once  lighted  their  council  fires  on  this  very  hill;  would  the 
Senator  then  have  it,  that  we  have  no  title  to  this,  the  cite  of  our 
capitol,  and  that  the  remnant  of  these  Indians  could  at  any  time, 
justly  eject  us  from  its  possession  ?  But  if  the  Senator's  argument 
should  be  correct,  that  Mexico  has  no  power  to  cede  territory,  how 
will  that  help  his  cause.  It  will  only  make  it  the  more  necessary 
fin-  lis  to  take  it,  if  she  cannot  cede  it. 

Such,  then,  sir,  is  the  history  of  the  opposition  thus  far,  to  this 
bill.  Before  I  proceed  further,  however,  1  will  advert  to  an  argu- 
ment made  by  the  honorable  Senator  from  Vermont,  who  last  ad- 
dressed the  Senate,  In  the  conclusion  of  his  remarks,  he  com- 
plained of  the  exercise  of  what  he  was  pleased  to  term — an  al- 
mo.st  despotic  military  power,  in  the  hands  of  the  President  of  the 
United  States  in  Mexico,  and  declaimed  at  some  length,  against 
the  dangers  of  an  abuse  of  a  military  authority.  But  does  not  this 
military  power  continue  to  be  exercised  by  the  President,  in  the 
very  necessity  of  the  case,  and  because  that  legal  provision  has  not 
yet  been  made  by  which  he  would  have  been  relieved  of  that  re- 
.sponsibility  f  So  far  from  being  desirous  to  hold  California  and 
New  Mexico,  by  military  tenure,  rather  than  by  the  organization 
of  civil  goverment,  the  President  has  been  anxions  to  be  relieved 
of  that  responsibility,  which  the  circumstances  of  the  case  have 
devolved  upon  him,  and  the  gentleman  from  Vermont,  can  at  anj- 
time  contribute  his  share  in  the  removal  of  that  much  of  the  mili- 
tary power  of  the  President,  by  establishing  civil  or  territorial  go- 
Ternment. 

There  is  another  preliminary  remark  which  I  desire  to  make, 
and  it  is  m  reference  to  the  astonishing  distrust  manifested  on  the 
other  side  of  the  chamber,  with  respect  to  the  recommendation  of  the 
President,  the  .Secretary  of  War,  and  the  Chairman  of  the  Commit- 
tee on  Military  Attau-s.  I  believe  it  has  hitherto  been  generally 
considered,  that  in. cases  where  the  honor  and  interest  of  the  coun- 
try are  involved  in  a  controversy  with  a  foreign  power,  party  spi- 
rit should  be  assuaged.  And  I  think  the  history  of  the  country 
shows  that,  in  the  highest  party  times,  when  such  cases  have 
arisen,  party  spirit  has  siiksided.  It  was  so,  I  recollect,  some 
years  ago.  when  the  question  of  the  Worth  Eastern  Boundary  was 
in  agitation.  Then,  nearly,  by  unanimous  consent — indeed,  Ibe- 
ilevc  it  was  unanimous— means  were  placed  at  the  disposal  of  the 
President,  to  meet  any  contingency  which  might  arise.  So  it  was 
also,  I  believe,  at  the  commencement  of  this  war,  but  the  spirit  of 
party  opposition,  has  gradually  arisen,  and  every  measure  suggested 
for  the  prosecution  of  the  war,  is  now  most  scrupulously  scrutinized. 

I  now  proceed  to  give  some  of  the  grounds  of  my  vote  upon  this 
bill,  in  addition  to  the  reasons  given  for  its  passage  by  the  Chair- 
man of  the  Committee  on  Military  Aft'airs,  and  so  eloquently  sus. 
tained  by  another  member  of  the  committee,  (the  Seiftitor  from 
Mississippi.)  whose  heroic  and  skilful  exploits  in  two  of  the  most 
brilliant  battles — and  I  regret  to  say  also  as  his  own  honorable 
wounds  but  loo  clearly  attest — the  most  bloody  battles  of  the'war — 
Miiiiterey  and  Buena  Vista — adds  a  weight  to  whatever  he  says 
on  this  subject,  which,  it  seems  to  me,  ought  to  be  conclusive.  I 
felt  sure  it  would  be  so  then,  but  I  find  I  was  mistaken.  His  ar- 
guments have  not  been  answered;  they  never  can  or  will  be  an- 
swered on  this  floor  or  elsewhere.  Still  opposition  to  the  bill  ap- 
pears to  have  constantly  increased  from  that  day  to  this.  My 
thanks,  and  the  thanks  of  this  body  and  of  the  country  are  due  to 
the  honorable  Senator  from  Mississippi,  who  is  on  the  military 
committee,  for  what  he  said  on  the  amcndraeiit  offered  by  the  Sen- 
ator from  Kentucky.  That  amendment  seemed  almost  to  have  re- 
duced the  friends  of  this  bill  to  the  necessity  of  undervaluing  the 
efficiency  of  volunteers  or  to  adopt  the  amendment. '  There  is  a 
difference  of  opinion  on  this  subject  both  in  the  army  and  else- 
where. The  honorable  Senator  was  identified  with  both  arms  of 
the  service,  regulars  and  vohmteers,  and  could  have  no  partiality  for 
either.  Few  men  occupy  the  same  position  in  this  particular;  he 
has  said,  therefore,  all  that  is  proper  or  necessary  on  the  occeision, 
and,  I  have  no  doubt,  satisfied  boih  parties,  that  for  the  services 
contemplated  regulars  are  to  be  preferred.  While  expressing  then 
my  thanks  to  that  Setiator,  and  my  full  concurrence  in  all  he  said 
on  the  respective  merits -of  volunteers  and  regulars  giving  prefer- 
ence to  neither  in  iheir  appropriate  sphere,  but  doing  ample  credit 
to  both.  J  take  occasion  to  state  a  fact  and  an  opinion  of  volun- 
teers I  once  heard  from  a  very  distinguished  officer  of  the  regular 
army  in  the  war  of  1812,  now  no  more,  and  who,  like  my  friend 
from  Mississippi,  boro  about  him  wounds  received  on  the  battle 
fields  of  his  country,  and  which,  I  believe,  at  last  carried  him  pre- 
maturely to  the  grave — I  mean  the  late  General  Ripley.  I  thought 
the  fact  stated  and  the  opinion  g^'en  »  little  extrayagant.    I  no-(y 


January  31.] 


THE  TEN  REGIMENT  BILL. 


189 


believe  them  |both  perfectly  true.  He  said  that  in  all  the  annals 
of  American  warfare  American  volunteers  in  anything  like  equal 
numbers  never  had  been  beaten,  and  never  could  while  our  present 
institutions  existed.  The  battle  fields  of  New  Orleans,  Buena 
Vista,  Cerro  Gordo,  Brazito,  Sacramento  and  others,  attest  the 
truth  of  what  he  said. 

In  the  debates  on  this  bill  there  has  been,  I  think,  sqpie  incor- 
rectness in  the  statements  of  those  who  oppose  the  bill,  no  doubt, 
unintentional,  as  to  the  force  now  authorized  and  required  by  the 
Executive  and  the  Committee,  calculated  lo  lead  to  error.  It  has 
been  variously  stated  by  different  speakers,  from  ninety  to  a  hun- 
dred thousand  men,  and  the  increase  eontetnpated  by  the  bill  now 
under  consideration,  and  the  bill  for  twenty  regiments  of  voinn- 
teers,  as  increasing  the  actual  force  in  service  thirty  thousand 
men.  I  do  not  so  understand  it.  As  I  understand  it  from  the 
Reports  of  the  Adjutant  General's  Office,  the  present  forces  au- 
thorized are: 

Regulars,  ....  30,350 

Volunteers,         ....  32,816 

Total  authorized,  -  -  63,161; 

If  we  add  to  this  the  ten  regiments  contemplated  by  this  bill 
we  make  the  whole  amount  73,166.  The  force  in  actual  servi<'e 
from  the  last  returns  are: 

Regulars,  ....  20,333 

Volunteers,  ...  -  20,286 

Volunteers  from  Michigan  and  Alabama, 

on  their  way,  -  -  -  2,200 

Making  in  all  in  actual  service,  -  42,719 

From  these  statements  it  will  appear  that  ijie  number  th.at  can 
be  kept  in  service,  of  those  authorized  by  law,  is  about  two-thirds. 
This  calculation  will  give  for  the  actual  force  in  service  after  the 
ten  new  regiments  are  added,  about  48,925,  say  fifty  thousand 
men.  And  if  the  twenty  additional  regiments  ol  voltintcers  be 
added  to  the  forces  previously  authorized,  the  number  that  would 
be  actually  kept  in  service  according  to  this  mode  of  calculation 
would  be  62,000.  This  bill  and  the  bill  authorizing  the  twenty 
regiments  of  volunteers,  does  not,  as  has  been  represented,  add 
thirty  thousand  men  to  the  number  in  actual  service.  Thej^  do 
not  neeessarilv  add  a  smgle  man  to  either  arm  of  the  service; 
they  only  authorize  the  President  to  do  so  if  he  deems  it  neces- 
sary. 

While  on  this  branch  of  the  subject  I  desire  to  make  a  few  re- 
marks in  reply  to  the  arguments  offered  against  the  bill  and  in  fa- 
vor of  the  amendment  submitted  by  the  Senator  from  South  Caro- 
lina, (Mr.  Butler.)  which  is  still  pending.  That  amendment 
proposes,  instead  of  increasing  the  number  of  the  regiments.  In 
add  a  certain  number  of  men  to  each  company.  I  do  not  know 
much  about  military  affairs,  sir,  but  I  confess  that  this  amendment 
struck  me  as  rather  extraordinary,  particularly  when  it  was  con- 
sidered that  the  peace  establishment  of  the  United  States  had  been 
already  very  much  augmented  in  the  manner  proposed  in  the 
amendment;  and  above  all,  after  the  remarkable  manifestations 
which  the  army  had  given  of  its  efficiency  under  the  present  orga- 
nization. The  experiment  of  making  that  change  in  this  organiza- 
tion appeared  to  me  to  be  of  doubtful  expediency,  to  say  the  least  of 
it.  A  slight  departure,  even  from  an  established  system  which  has 
proved  so  eminently  efficient,  might  be  attended  with  danger.  I  do 
not  say,  that  there  would  positively  be  danger  in  making  the  change 
proposed  by  the  amendment,  but  1  prefer  leaving  the  organization  of 
the  army  precisely  as  it  is  at  present.  The  Senator  from  South  Ca- 
rolinareeommcnds  his  amendment  on  the  score  of  economy.  In  some 
eases  great  economy  is  the  worst  economy.  We  cannot  expect  when 
we  go  to  war  that  we  can  prosecute  it  without  expense.  I  per- 
fectly agree  with  sjentlemeu,  who  declare  that  when  we  go  to 
war,  we  must  pay  lor  it.  We  must  tax  the  people.  I  regard  as 
one  of  the  consequences  of  this  war,  the  necessity  of  imposing 
taxes  to  meet  the  expenditures.  I  admit  that  at  once,  and  am 
ready  to  go  as  fJr  as  any  reasonable  man,  in  the  imposition  of  tax- 
es, for  the  purpose  of  defraying  the  expenses  of  this  war.  The 
expense  I  know  must  be  great,  and  for  it  we  must  provide.  But 
considerations  of  economy  are  not  to  enter  into  the  calculations  of 
a  people,  when  they  find  it  necessary  to  enter  into  a  war.  The 
great  object  of  war  is  success,  and  that  is  to  be  sought  at  any  cost. 
We  are  now  engaged  in  war,  and  we  must  prosecute  it  to  a  suc- 
cessful close.  It  is  no  time  now  to  sit  down,  and  counting  the 
cost,  cut  off  some  of  the  odds  and  ends.  If  economy  is  your  object 
why  not  strike  off  half  of  the  officers  of  the  army  ?  If  we  are  to 
adopt  this  economical  policy,  why  not  proceed  to  cut  down  all  the 
officers  ?  I  have  no  fear  as  to  our  inability  to  meet  the  expenses 
of  this  war.  We  have  met  them  thus  far,  and  we  shall  be  fully 
able  to  meet  them  hereafter.  I  cannot,  therefore,  concur  in  the 
amendment  of  the  Senator  fi-om  South  Carolina. 

In  tlie  course  of  the  arsument  ou  that  amendment  something 
was  said  about  the  patronage  of  the  Executive,  and  in  reference  to 
that  I  have  a  few  words  to  offer.  I  know  that  complaints  have 
been  made  with  reference  to  the  patronage  disposed  of  by  the  Exe- 
cutive in  the  appointment  of  the  principal  officers  of  the  army  en- 
gaged in  this  war.  But,  I  thiidt,  sir.  that  an  attentive  examina- 
tion of  the  army  list  will  furnish  evidence  of  some  justification  for 
the  conduct  of  the  Executive.  At  the  head  of  the  list  there  does 
seem  to  be  a  considerable  preponderance  of  democratic  names,  but 
it  you  look  further  down  you  will  discover  that  the  officers  appoin- 
ted by  the  "Executives  of  those  States  in  which  Whig  influence  pre- 
vails, have  been  selected  from  the  ranks  of  that  party.    For  my- 


self, I  would  never  permit  such  distinctions  of  party  to  operate  in 
the  selection  of  officers  for  the  armies  of  the  country  ;  and  never, 
in  any  recommendations  which  I. have  made,  have  such  distinctions 
been  permitted  to  exercise  the  shghtest  influence.  In  the  defence 
of  the  honor  and  interests  of  the  country,  Whigs  and  Uenioerats 
alike  have  participated,  and  should  fairly  share  in  the  office*  and 
emoluments  of  the  army.  If  the  President  had  acted  in  this  mat- 
ter in  the  exclusive  spirit,  that  has  been  alledged  against  hiin,  I 
should  have  condemned  him  most  emphatically.  But  when  1  find 
that  the  spirit  of  exclusiveness  in  appointments  to  office  commen- 
ced on  the  other  side,  before  the  general  staff  was  organized,  I  be- 
lieve that  the  President  was  not  at  all  to  blame  in  attempting  to 
make  something  like  a  balance,  by  appointing  a  large  number  of 
democrats. 

Mr.  MANGUM. — If  the  honorable  Senator  will  allow  me,  I 
would  remark  that  in  reference  to  my  own  State,  that  such  u 
course  as  he  describes  was  not  adopted  by  the  Executive  of  that 
State  ;  and  that  a  very  meritorious  and  scientific  gentleman  of  the 
democratic  pariy  received  an  appointment  ;  indeed,  I  believe  that 
all  the  appointments  were  made  irrespeclive  of  party  considera- 
tions. As  the  Senator  is  aware,  we  had  a  Whig  Executive  in  that 
State. 

Mr.  DOWNS. — I  am  very  glad  that  tlie  honorable  Senator  in- 
terrupted me,  because  if  in  error,  at  any  time,  I  shall  always  be 
happy  to  be  corrected.  I  recollect  an  instance  in  the  gentleman's 
own  State,  which  sustains  me  in  tho  position  I  have  assumed  with 
respect  to  these  appointments  of  the  Executives  of  the  Slates. — 
I  had  the  pleasure  of  being  ihlrodueed  last  summer  to  a  gentleman 
who  commanded  one  of  the  new  legimcnts  in  the  regular  army — 
Colonel  Wilson — and  ascertained  the  fact  that  allhough  a  man  of 
wealth  ar.d  standing  in  the  comninnity,  having  volunteered  when 
the  first  call  was  made  on  the  country,  and  been  elected  to  some 
subordinate  office,  yet  contrary  to  general  expectation,  he  did  not 
receive  from  the  State  Executive  the  command  of  one  of  the  regi- 
ments, and  that  in  consequence  of  tho  neglect,  the  President  ap- 
pointed him  to  the  command  of  one  of  the  regiments.  But  I  re- 
garded it  as  a  very  strong  ease  in  (joint;  and  I  had  it  in  view  when 
i  made  the  reraarlc  whicli  elicited  the  interruption  of  the  honorable 
Senator. 

Mr.  MANGUM. — The  fact  is  as  stated  by  the  honorable  Sena- 
tor. Colonel  Wilson  was  afterwards  appointed  by  the  Executive 
here,  and  two  strong  letters  from  the  Whig  Senators  of  this  body 
were  written  reeoinmending  him  to  the  appointment.  That  was 
the  spirit  which,  so  far  as  I  know,  characterized  the  public  autho- 
rities of  North  Carolina. 

Mr.  DOWNS. — I  have  no  knowledge  of  the  proceedings  in 
North  Carolina  exci-pt  in  this  instance,  which  I  confess,  struck  me 
as  one  of  those  affording  a  justification  of  the  course  of  the  Presi- 
dent. I  did  not,  however,  intend  to  refer  to  a  particular  case,  but 
to  speak  generally  of  the  course  which  had  been  taken  in  making 
the  apviointnients.  I  do  not  pretend  to  go  into  all  the  instances 
occurrins  in  the  several  States,  but  I  speak  of  the  general  result, 
and  I  believe  that  upon  investigation,  it  will  be  found  that  a  large 
portion  of  the  appointments  of  officers  were  made  from  the  party 
which  is  opposed  to  the  President  in  tliier  political  views.  This, 
sir,  I  believe,  has  been  the  liberal  course  ol  the  Executive  on  this 
subject. 

Before  I  quit  this  part  of  the  subject,  there  is  one  other  reason 
which  I  will  state,  why  I  jirefer  regular  forces  to  volunteers. — 
Their  duties  are  very  much  the  same,  and  as  the  war  is  conducted 
their  period  of  service  will  be  much  the  same,  yet  the  difference 
between  the  officers  of  this  description  of  force  is  very  material. 

The  volunteer  oflScers  not  holding  their  commissions  from  the 
United  States  there  is  no  opportunity  for  promotion.  They  may 
go  there  and  fight  for  years,  and  though  they  perforin  the  same 
duties  as  are  performed  by  the  officers  of  the  regular  army  and 
achieve  as  gallant  exploits,  yet  they  can  receive  r.o  advancement. 
Those  who  begin  as  captains  will  be  captains  still,  and  those  who 
command  as  lieutenants  will  be  lieutenants  still. 

There  was  a  remark  made  by  the  honorable  Senator  from  South 
Carolina  who  last  addressed  the  Senate  upon  this  subject,  and  who 
offered  an  amendment  to  this  bill  in  which  I  cannot  concur.  It 
seemed  to  be  based  upon  the  idea  that  the  engagement  of  volun- 
teers or  the  enlistment  of  regular  troops  could  not  be  accomplished. 
He  says  ; 

"  \Miv  is  it  tlist  the  E.xecutive,  a?  we  are  jntormed,  cannot  raise  the  number  of 
iroops  which  by  law  he  has  anthorilylo  raise,  tor  carrying  on  this  war  in  the  heart  of 
Mexico  ?  Why  is  it  ?  Does  it  arise  i'rom  popular  aversion  against  entenng  into  such  a 
service  as  this  ?  If  it  were  a  war  for  tlie  dclenee  of  our  own  soil,  do  you  believe  thai 
five  times  that  number  conid  not  he  called  into  reqnisinon  ?  Sir.  at  the  voice  of  the 
Execntiveof  the  United  Stales  ten  times  that  number  would  spriuEr  up,  ready  to  de- 
fend the  national  honor  and  tlie  soil  of  the  Republic.  And  1  mnst  here  make  another 
remark-  if  all  parties  in  the  United  States  were  to  concur  in  the  jostice  and  proirricty 
ot  carrying  on  this  war.  1  would  answer  for  ir  that  the  President  could  not  say  that  it 
w.as  out  of  his  power  to  raise  the  number  of  troops  which  the  laws  of  the  country  au- 
thorize him  to  raise.  But.  sir.  the  very  fact  that  he  is  unable  to  raise  these  troojis  by 
the  means  w-hich  have  been  put  in  his  power,  is,  I  think,  one  of  the  omens  which  a 
w-ise  ruler  should  regard  in  administering  the  tmst — the  sacred  trust— that  is  comniittsd 
to  him." 

Now,  I  do  not  understand-  the  President  as  taking  any  such 
ground.  I  have  never  understood  that  there  has  been  a  single 
case  in  which  a  call  has  been  made  for  volunteers,  in  which  that 
call  has  not  been  fully  and  completely  answered.  In  Kentucky, 
Tennessee,  and,  in  fact,  in  all  the  States,  the  last  calls  were  not 


190 


THE  TEN  REGIMENT  BILL. 


[Monday, 


only  responded  to   at  onco,  but  more  men  were  offered  than  coiild 
be  received. 

Mr.  BUTLER. — I  bet;  to  interrupt  the  Senator  lor  a  inoment. 
He  has  not  exaetly  stated  my  proposition.  In  eontendinff,  as  I 
did  contend,  that  if  the  additional  troops  called  lor  were  necessary, 
tlif-y  could  be  supjilied  in  the  manner  proposed  by  my  amendment 
lo  the  bill,  I  asked  the  qiiestion,  wliv  not  raise  them  in  this  way  '■ 
One  answer  was  that  the  men  would  jjrelcr  onterinj;  a  new  oriia- 
nization.  But  my  propositilion  was,  that  if  additional  troops  were 
needed  they  could  be  added  to  the  old  rctlimcnts  instead  of  incur- 
ring the  expense  of  creating  new  ones. 

Mr.  DOWNS.— I  do  not  sec  in  the  remarks  of  the  Seniilor  any 
distinction  between  the  two  desorii)tions  of  forces.  On  the  con- 
trary, the  ten  regiments  authorized  by  the  bdl  ot  last  session,  were 
tilled  np  with  extraordinary  rapidity.  I  do  not  know  that  there  is 
any  complaint  in  the  recruiting'  for  the  old  reo-iincnts.  Almost 
every  newspaper  that  was  received  from  New  Orleans,  announced 
the  arrival  of  fresh  troops,  to  fill  up  the  reduced  companies. 

But,  while  u])ii]i  this  subject,  permit  me  to  make  another  re- 
mark,'as  an  additional  reason  for  the  passage  of  this  bill.  There 
is  no  doubt  that  recruiting  in  the  new  regiments,  will  be  more 
rapid  than  in  the  old  regiments.  And  the  reason  is  that  when 
yon  appoint  officers  from  civil  life,  they  go  into  the  country  where 
thev  arc  known,  and,  couseipiently,  the  men  the  more  readily  un- 
dertake to  serve  under  them. 

I  do  nor  know  certainly  how  many  of  our  troops  in  Mexico,  were 
lost  in  battle,  and  by  disease  respectively,  but  I  suppose  at  least 
as  many  were  lost  by  the  last,  as  by  the  first.  Many  at  any  rate 
fell  by  disease,  and  in  consequence  of  the  late  period  in  which  they 
arrived  at  Verra  Cruz. 

If  we  then  pass  this  bill  at  once,  we  can  send  them  off'  at  an 
♦  eaily  period,  so  as  to  escape  the  diseases  of  the  climate,  which 
have  been  heretofore  encountered.  But  if  we  continue  to  debate 
the  bill  indefinitely,  if  we  go  on  talking  without  acting,  we  shall  not 
only  do  as  was  done  last  session,  but  the  evd  will  be  much  greater 
than  last  year;  because  this  is  a  very  long  session,  and  may  be  ex- 
tended indefinitely  to  the  midst  of  summer  ;  whereas  last  year  the 
delay  could  not  extend  beyond  the  fourth  of  March.  It  was  for 
reasons  of  this  kind,  as  stated  by  the  Honorable  Chairman  of  the 
Committee  on  Military  Aflairs,  that  I  thought  it  would  be  far  pre- 
ferable to  pass  this  bill  without  any  unnecessary  delay. 

As  the  remarks  which  I  shall  make,  are  in  a  great  decree  in  an- 
swer to  arguments  which  have  been  made  in  opposition  to  the  bill, 
I  must  say  that  I  should  not  have  spoken  at  all,  if  it  had  not  been 
for  those  arguments. 

I  now  wish  to  advert  to  another  of  the  positions  assumed  by  the 
honorable  Senator  from  South  Carolina,  and  lest  I  should  be  mis- 
taken, I  will  quote  the  language  of  the  gentlemen. 

"But,  sir.  that  i.s  as  fat  as  1  will  po  as  an  yllivwtmii  of  any  riroiio^ilioii  of  |t'rirp  la 
that  Government.  I  woiilil  itisist.  in  tlie  first  instance,  in  all  measmcs  of  iie;:otiation, 
ttial  to  the  Rio  Orande  we  are  iitmntl  nnder  the  most  solemn  of  pledges  to  protect  the 
tigiils  of  Texas.  Bnt  then  the  tpiestion  may  be  asked  —and  it  is  a  proper  i|neslion — 
how  would  you  estalrlisli  any  other  line  for  separating  the  territories  of  the  United  Slates 
from  those  of  Mexico?  Will  yon  fall  back  upon  any  line  which  separates  Orepon 
from  ftlexicD  ?  T  think  not.  sir:  Bnt,  by  way  of  making  it  as  acceptable  as  possilile 
10  >Ie.\ico,  and  with  a  sincere  desire  to  terminate  this  war,  I  would  not  hesitate,  if  it 
were  to  be  done  to-morrow,  lo  send  the  most  diustrions  embassy  to  Mexico,  and  to  pro- 
pose to  her  terms  of  peace  irpon  ttiis  vltimnliini,  with  the  tight,  however,  (o  demand 
from  iter  to  say  what  line  she  should  run  by  way  of  eompeiisating  us  tor  the  claims  we 
have  against  her  ;  and  1  shonld  think  it  no  degradation." 

Now,  I  have  a  very  great  objection  to  the  first  proposition,  con- 
sidered in  this  extract.  I  object  totally  and  peremptorily  to  send- 
ing any  more  ambassadors  to  Mexico.  We  have  sent  too  many 
already.  The  President  was  right  at  fii'st,  however,  because  our 
true  policy  is  for  peace,  where  it  can  be  honorably  obtained.  Yet, 
although  the  President  at  the  early  stages  of  this  war  did  make 
them  these  offers  of  peace,  nothing  has  been  done  towards  the  con- 
clusion of  a  peace  by  them.  Even  now,  after  they  are  completely 
overthrown,  their  capital  taken  and  arm}'  destroyed,  still  terms  of 
peace  are  rejected. 

Under  these  circumstances  we  ought  not  to  send  to  them  ano- 
ther ambasssador,  high  or  low.  We  have  made  propositions  many 
■  times  and  they  would  not  accept  them — we  have  now  conquered 
them — they  are  in  our  power.  Khali  we,  then,  solicit  agaili  until 
they  consent  to  treat  with  us '<  If  I  were  to  send  an  embassy  at 
all,  it  should  Hot  be  with  such  an  iiltimatuiTi  as  the  honorable  Sena- 
tor from  Sotilh  Carolina  proposes.  Why  should  we  now  agree  to 
take  the  Oregon  beundary  as  the  extent  of  our  title,  giving  them 
to  understand  that  we  expect  nothing  more,  and  leavino'  to  them- 
selves to  propose  a  boundary  for  indemnity. 

This  wouUl  be  giving  them  new  life  or  encouragement.  If  the 
President  could  be  so  weak  as  to  present  snch  a  proposition,  they 
would  say  at  once  "  there  is  some  mystery  in  this  sudden  chansre, 
some  difficulty  in  the  affairs  of  the  .Vtufricinn  Government,''  winch 
would  encourage  them  to  persevere  in  hostilities,  under  the  impres- 
sion that  we  would  ultimutely  be  compelled  to  give  up  our  con- 
quests; and  this  would  be  a  reasonable  conclusion  from  such  a  pro- 
position. 

I  now  come  to  some  general  remarks  which  I  wish  to  make  upon 
the  question  of  the  war  with  Mexico.  And  first,  sir,  I  have  tu 
say  that  there  is  one  thing  which  has  appeared  to  me  very  sinun 
lar  in  this  discussion  on  the  part  of  gentlemen  on  the  other  side  of 
the  chamber.  The  President  in  his  message  has  declared  what  he 
thinks  as  the  richt  course  to  be  pursued  ;  and  gentlemen  of  the 
Democratic  party  generally:  have  concurred  vd\,\i  the  views  he  has 


taken;  while  those  on  the  opposite  side,  object  to  the  policy  in  the 
most  decided  manner.  But  they  do  not  tell  us  what  they  would  do. 
It  is  very  easy  to  find  fault,  but  not  so  easy  to  tell  us  what  would 
.be  the  right  course  to  pursue. 

The  studied  silence  of  our  opponents  on  this  subject  is  the  more 
surprising  because  we  had  indications  before  the  meeting  of  this 
session  of  Congress,  that  the  objects  of  the  war  ought  to  be  de- 
clared, and  tfie  President  compelled  to  abide  by  them.  Mr.  Clay, 
in  his  Lexington  speech,  .said: 

"  I  eonclnde,  therefore.  Mr.  President  and  fellow-^-itizens,  witli  entire  contidenee, 
that  (.'ongress  has  the  liglit,  either  at  the  beginning  or  during  the  prosecntion  of  any 
war,  to  decide  the  objects  and  purposes  for  wliicli  it  was  proclaimed,  or  for  which  it 
ought  10  be  continued.  And  1  think  it  is  the  duty  of  Congress,  by  some  deliberate 
aiidanfhentic  act,  to  declare  for  what  objects  the  present  war  shall  be  longer  prose 
cnleil.  I  sujipose  the  President  would  not  hesitate  to  regulate  bis  conduct  by  the  pro- 
nounced will  of  Congress,  and  to  employ  the  force  and  the  diplomatic  power  of  tjie 
nation  to  execute  that  will.  Hut  if  the  President  should  decline  or  refuse  to  do  so,  and, 
ill  conrem[pl  of  the  sujrreme  authority  of  Congress,  should  persevere  in  waging  the  wai 
lor  other  objecLs  than  those  pioclajmcd  by  Congress,  then  it  would  be  the  imperative 
duty  of  that  body  to  vindicate  its  authority  by  the  most  stringent  and  eitectualand  ap- 
piopriale  measures.  .And  if.  on  the  contratv".  the  enemy  sliould  refuse  to  conclude  a 
treaty  containing  stipulations  secnring  the  objects  designated  by  Congress,  it  wonid 
become  the  duty  of  rlie  whole  Covemiuent  to  prosecute  the  war  with  all  tfie  national 
energy,  nntll  those  olijects  were  attained  l)y  a  treaty  of  jieacc.  There  can  be  no  insu- 
perable difficulty  in  Congress  making  such  an  authoiitalive  declaration.  Let  ii 
resolve,  simply,  iliat  the  war  shall,  or  shall  not,  be  a  war  of  conquest;  and.  if  a  war  of 
I'onqnest,  what  is  to  be  coii(juere<I.  Shonld  a  resolution  pass  disclaiming  the  design  of 
eoiir|ueit.  [leace  would  follow  in  less  than  si.xty  days,  if  the  President  would  conform  lo 
his  constitutional  duty." 

This  is  frank  and  decided.  I  do  not  see  any  reasonable  objec- 
tions to  the  course  suggested. 

I  do  not  know  what  the  President's  oiiinions  are — I  speak  only 
for  myself — but  I  would  be  very  glad,  and  1  think  the  President 
would  also  be  gratified  if  Congress  would  adopt  such  a  course. 
Why  has  not  this  course  been  adopted  ( 

There  has  been  another  announcement  of  this  principle,  and  a 
very  emphatic  one  from  another  quarter. 

I  read  only  this  morning,  this  decided  declaration  of  opinion 
from  a  gentleman  in  another  department  of  the  general  government: 

^Vashinoton,  January  7,  1848. 

My  riE.iR  sir:  To  all  human  appearance,  tlie  termination  of  this  miserable  war 
with  Mexico  is  more  remote  than  when  the  first  blow  was  smick.  In  my  judgment, 
it  was  unnecessarily  and  unconstitutionally  commenced  by  marching  our  army  into  dis- 
puted territory  in  the  possession  of  Mexico.  And  I  think  that  Congress,  who  unqnes- 
lionably  have  the  ]iower,  siiould  put  an  end  lo  the  war  on  just  and  honorable  prinei ' 
pies. 

Atler  agreeing  upon  the  terms  on  which  a  treaty  should  be  made,  they  should  call 
upon  the  Executive  by  resolution  to  offer  a  peace  to  Mexico  ujion  that  basis,  and,  du- 
lingthe  ne"Otialion,  hostilities  should  be  suspended.  If  tlie  President  shall  refuse  to 
do  this,  in  tlte  military  appropriation  bills  the  army  should  be  required  to  take  such  posi- 
tions as  shall  carry  out  the  views  of  Congress.  "  These  bills  the  Piesident  could  not 
v  elo,  and  he  would  be  bound  by  Uieir  requirements.     This  may  be  done  by  the  House. 

This  is  perfectly  frank  and  clear  and  admits  of  no  doubt. 

If  gentlemen  approve  of  this  doctrine  let  them  subscribe  to  it 
boldly.  There  it  is.  I  want  a  simple  response — ^j'es  or  no.  Do 
you  approve  of  it  or  do  you  not  >  1  have,  and  the  people  have  a 
right  to  demand  from  gentlemen  on  the  other  side,  what  are  their 
views  V 

I  have  no  idea  that  there  will  be  any  peace  until  the  presiden- 
tial election  is  over;  and  is  it  to  be  supposed  that  the  people  are 
going  to  vote  in  the  dark? 

I  do  hope,  then,  that  those  gentlemen  who  differ  with  us  so 
much,  and  find  so  much  fault,  will  propose  a  plan  of  their  own, 
or  at  all  events,  that  they  will  say  on  this  question,  yea  or  nay. 
Let  them  sign  tlie  bond.     Here  it  is  in  unequivocal  terms. 

I  want  to  know  whe'.her  riiey  will  propose  to  withdraw  the  army, 
to  give  up  not  only  the  indeirinity  of  millions,  which  our  citizens 
claim,  but  say  that  all  the  blood  and  treasure  which  has  been  spent 
ill  this  war,  shall  be  thrown  away,  or  whether  in  the  spirit  of  the 
suggestion  made  by  the  Hon.  Senator  from  South  Carolina,  go  to 
Mexico,  and  fall  on  our  knees,  and  entreat  that  she  will  make 
peace  on  her  own  terms. 

Mr.  BUTLER.— I  beg  the  Senator  will  allow  me  to  say  that  I 

never  assumed  any  such  proposition,  and  I  do  not  think  that  my 
language  on  the  occasion  referred  to,  at  all  justifies  suu-h  an  inference 
as  has  been  drawn.  I  am  quite  at  a  loss  to  know  how  the  uentleman 
could  have  arrived  at  such  a  conclusion.  I  certainly  said  that  I 
would  allow  Mexico  the  priviled^e  of  indicating  a  line,  without  at 
all  pledging  myself  to  accede  to  it.  I  did  not  wish  to  extort  terma 
from  her  under  duresse — at  the  mouth  of  the  cannon.  So  far  as 
regards  the  indemnity  due  us,  whatever  be  the  amount,  I  stated 
that  I  would  insist  on  an  adjustment  of  it,  allowing  Mexico  sim- 
ply freedom  in  the  conduct  of  the  negoeiation — giving  her  the 
)iriyilege  of  indicating  such  boundaries  as  would  be  most  favorable 
to  permanent  peace  between  the  two  republics.  I  said  nothing  to 
autliori-,;e  the  extravagant  proposition  of  the  Senator  from  Louisi- 
ana. 

Mr.  DOWNS. — The  gentleman,  I  hope,  did  not  understand  me  as 
saying  he  used  those  identical  words,  "falling  on  our  knees."  That 
was  a  mere  figure  of  speech;  I  did  think,  however,  and  still  think,  that 
that  was  very  much  tlie  meaning  of  the  language  employed  by  the 
honorable  Senator. 

In  the  line  of  argument  which  I  have  marked  out  for  myself  on 
this  subject,  I  shall  next  proceed  to  consider  the  causes  of  the  war. 
It  is  said  that  the  President  made  this  war  by  ordering  the  troops 
to  the  Rio  Grande.     I  differ  from  this  opinion  totally. 

.1  believe  the  war  could  not  have  been  avoided,  that  it  was  the 


Januarv  31.] 


THE  TEN  REGIMENT  BILL. 


191 


natural  consequence  of  tho  conduct  and  the  folly  of  the  weak  and 
imbecile  government  of  Mexico. 

If  it  were  necessary  to  look  for  other  causes  ol  the  war,  than 
this  conduct  of  Mexico,  I  could  suggest  another  cause  much  more 
probable  than  that  of  the  conduct  of  the  President. 

I  believe  it  grew  out  of  the  obstinacy  of  the  Mexican  govern- 
ment in  insisting  upon  her  claim  to  the  dominion  of  Texas  after  all 
the  principal  nations  of  the  world  had  recognized  her  as  an  inde- 
pendent republic.  But,  if  I  should  look  for  other  causes  than  this 
at  home,  and  if  I  should  say  that  it  arose  not  alone  from  the  perver- 
sity of  Mexico,  but  from  the  actions  and  opinions  of  certain  per. 
sons  within  the  United  States,  I  should  be  much  nearer  the  truth 
than  by  attributing  it  to  any  act  of  the  President  or  of  General 
Taylor-  It  was  more  owing  to  the  position  taken  by  certain  per- 
sons in  this  country.  I  allude  to  the  announcement  made  m  1844 
from  a  very  high  quarter,  that  the  annexation  of  Texas  was  a 
cause  of  war.     Mr.  Clay  in  his  letter  of  1844  says  : 

"  I  conr-ijer  the  annexation  of  Te,\as  at  this  time,  without  the  assent  ol  Mp.\a-o. 
coniprntni=ing  the  national  character  and  involving  us  certainly  in  war  with  MeMco,  and 
with  other  foreign  |io\vers.'' 

This  cry  has  been  kept  up  over  since,  and  is  the  more  likely  to 
be  the  cause  of  the  war,  than  any  act  of  the  President. 

Now  I  do  not  say  that  this  declaration  was  the  cause  of  war: 
very  far  from  it;  biit  if  we  are  to  attribute  it  to  any  cause  arising 
within  tho  country,  this  is  the  cause  to  which  I  would  point. 
There  were  peculiar  circumstances  which  gave  to  this  dee!aratit)n 
extraordinary  weight,  with  Mexico,  at  that  time. 

The  very  fact  that  two  great  powers  of  Europe,  England  and 
France,  had  certain  questions  of  interest  connected  with  Texas, 
which  made  them  opposed  to  the  annexation  of  that  republic  lo 
the  United  States,  they  felt,  that  if  she  became  a  portion  of  this 
Union  their  commercial  privileges  would  be  less.  They  wished 
fier  to  remain  an  independent  nation,  and  to  continue  her  commer- 
cial relations  with  them. 

It  was  natural  I  hat  Mexico  should  adopt  the  suggestions  of  the 
shrewd  diplomatists  of  those  nations,  and  resolve  to  fight  it  out. 

There  was  another  reason  also,  the  Oregon  dispute  was  then 
existing.  Mexico  in  this  whole  affair  has  been  unfortunate.  One 
of  these  misfortunes  is,  that  this  Oregon  question  existed 'at  the 
time  Mr.  Slidell  was  sent  as  our  minister.  There  is  every  piolia- 
bility  ho  would  have  been  received  and  the  dispute  settled,  if 
Mexico  could  have  foreseen  what  occurred  a  few  months  after- 
wards, if  it  had  not  been  for  the  idea,  that  we  were  likely  to  be 
involved  in  war  with  England  on  account  of  the  Oregon  question, 
she  would  have  listened  to  reasonable  terms,  and  the  controversy 
would  have  been  settled  in  1845.  I  think  then,  that  those  who 
impute  this  war  to  the  President  of  the  United  States,  or  to  Gen- 
eral Taylor's  march  to  the  Rio  Grande  should  bo  very  cautious 
how  they  use  such  a  weapon. 

I  do  not  know  what  are  the  intentions  or  pmp''ses  of  gentlemon 
on  the  other  side  in  this  matter,  but  I  have  a  right  to  guess;  and 
though  I  cannot  divine  their  purposes,  as  they  keep  so  close  on  the 
subject;  if  they  do  intend,  by  the  position  which  they  assumed  here 
to  iight  the  battle  of  annexation  over  again,  I  shall  not  shrink 
from  the  contest,  though  I  did  think  that  that  question  had  been 
settled,  and  the  people  believed  that  it  had  been  settled.  It  was  a 
question  about  which  we  differed,  and  which  we  loiight  manfully. 
One  party  prevailed;  and  I,  for  one,  was  willing  to  lei  the  tpiesti'm 
rest  forever.  But  if  you  throw  down  a  gauntlet,  I  will  not  hesitate 
to  take  it  up. 

While  on  the  subject  of  the  opinions  of  distinguished  men,  I  wish 
to  refer  to  another  opinion.  I  allude,  sir,  to  Mr.  Gallatin  and  his 
pamphlet  on  the  Mexican  war.  He  says,  too.  that  annexation  was 
actual  war.  I  cannot  view  that  document  in  the  same  liiibt  1  do 
the  speech  or  letter  of  the  distinguished  statesman'of  Kentucky. — 
I  may  be  wrong  in  this,  but  so  it  is,  I  differ  in  opinion  'equally 
from  them  both  ;  but  while  1  listen  with  respect  and  attention  to 
one  of  them,  the  great  Kentuckian,  I  cannot  read  the  lucubrations 
of  the  other  without  indignation.  And  this  feeling  is  not  because 
I  undervalue  the  admonitions  of  the  aged,  as  the  young  are  too  apt 
to  do  ;  I  am  myself  old  enough  to  have  got  over  that  weakness 
if  I  ever  had  it.  I  listened  not  long  since  in  this  body,  not  only 
with  respect  and  attention,  but  almost  with  tiiial  reverence  to  opin- 
ions and  arguments  of  a  distinguished  Senator.  (Mr.  Calhoun)  to 
not  one  of  which  scarcely,  could  I  bring  my  mind  to  assent.  I 
shall  listen,  whenever  they  speak,  to  other  (Mr.  D.  here  looked  to- 
wards Messrs.  Benton  and  ^ebsteb)  distini^uished  Senators 
with  like  feelings.  I  feel,  sir,  and  I  believe  that  people  of  the  Uni- 
ted States  feel  that  such  men  as  I  have  just  alluded  to,  have  a  right 
to  speak  and  ought  to  bo  listened  to  with  profound  respect  on 
questions  of  national  honor  and  of  foreign  war.  They  were  born 
in  this" land  and  have  grown  up  with  this  country  ;  they  have  done 
the  state  some  service — their  history,  for  almost  half  a  century,  is 
their  country's  history — 

"  The  page  of  her  story  is  filled  with  their  names  !'' 

American  genius  has  been  appreciated,  and  American  eloquence 
admitted  and  illustrated  by  them.  Yes,  sir,  to  such  men,  on  all 
sHbjects,  I  will  listen  with  respect,  however  I  may  differ  with  them. 
Not  so,  sir,  with  him  who  comes  from  other  lands — first  breathed 
other  than  American  air — once  owed  allegiance  to  another  power 
—has  another  native  home,  and  attachments,  and  feelings,  and  pre- 
judices, and  opinions,  and  sympathies,  more  or  less  influenced,  as 
they  must  he,  by  recollections  of  that  native  home.  He  school 
Americans  in  American  honor  and  national  decorum  !     No,  sir  ! 


every  impidsc  of  ray  heart  tells  me  no,  and  compels  me  to  say  it ; 
I  cannot  and  will  not  resist  it.  Doubtless  we  have  committed  er- 
rors in  our  foreign  policy  ;  we  may  commit  others  ;  we  should  be 
more  than  human  if  we  did  not.  But  such,  as  I  believe,  it  ever 
has  been — under  all  parties — through  all  the  vicissitudes  of  the 
most  eventful  period  in  the  world's  history  for  seventy-two  years, 
so  I  hope  and  believe  it  'will  continue,  long  after  we  have  passed 
away,  and  when  eveu  these  solid  walls  that  have  outlived  the 
flames  of  one  foreign  war,  shall  moulder  to  decay  and  fall  in  ruins. 
American  in  origin — the  inspiration  of  American  mind,  sustained 
by  American  arms  and  hearts — -but  uninfluenced  by  any  thing  that 
is  not  indegenous  to  our  soil — foreign  governments,  foreisn  presses, 
foreign  fayonets,  foreign  opinions  of  any,  whether  domiciliated  at 
home  or  abroad,  or  any  thing  else  foreign.  Yes,  sir,  right  or 
wrong,  successful  or  unsuccessful,  whig  or  democratic,  I  want  it 
to  be  American,  all  American,  and  nothing  but  American. 

Let  it  not  be  said  I  am  a  Native  American,  and  decry  foreign- 
ers, and  would  deprive  them  of  all  power.  Far  from  it  I  I  have 
always  taken  an  opposite  coursi?  in  all  my  public  life  on  this  sub- 
ject ;'  nor  have  I  changed  my  opinion  in  the  least.  I  stand  now 
where  I  ever  have  on  this  subject,  where  I  stood  in  tho  legislative 
halls  of  mv  own  State,  when  this  subject  was  agitated  in  1839,  and 
where,  on  a  still  more  memorable  occasion,  in  the  La  Convention 
1S44-5,  when  a  strong  attempt  was  made,  principally  by  those  op- 
posed to  my  party  in  politics,  to  disfranchise,  in  sonic  degree,  lo- 
reiirners.  In  one  of  the  most  protracted  and  animated  debates  that, 
I  believe,  has  ever  occurred  in  America  on  the  subject,  I  so  effectu- 
ally, with  other  democratic  friends,  sustained  the  rights  of  our 
adopted  citizens,  that  a  meeting  of  the  naturalized  citizens  of  New 
Orleans  voted  medals  to  some  half  a  dozen  of  us,  at  the  head  of 
which  was  our  eloquent  leader  on  the  occasion,  my  good  friend 
Bernard  Marigny,  who,  though  born  in  a  land  then  foreign,  has, 
without  changing  his  allegiance  or  the  ties  of  his  native  home,  be- 
come an  American  citizen  by  the  process  of  annexation,  and  as 
good  a  one  as  ever  lived  in  it.  Yes,  sir,  give  them  almost  all  rights, 
as  the  federal  constitution  has,  but  I  would  request  only  that  on 
questions  of  national  honor  and  foreign  war,  they  should  not  at  least 
speak  first  and  louilest,  if  they  speak  at  all, 

I  now  come  to  another  branch  of  the  subject,  viz  :  The  posKion 
assumed  by  Senators  on  the  other  side,  that  the  President  of  the 
United  States  was  the  cause  of  the  war  ;  that  he  brought  it  on  by 
the  ordering  the  removal  of  the  troops  to  the  Rio  Grande,  I  disa- 
gree totally  from  this  opinion.  My  opinion  is,  that  if  this  war  was 
iiroiight  on  by  any  cause  within  the  control  o''  this  government,  it 
was  produced  by  other  htinds  than  those  of  the  President  of  tho 
United  States, 

And  I  think  an,  examination  of  the  facts  connected  with  the  his- 
tory (if  the  matter,  will  convince  every  impartial  mind  of  its 
truth. 

Whether  annexation  was  a  declaration  of  war  or  not,  Mexico 
considered  it  so,  and  made  war  accordingly;  and  the  President  had 
no  option — he  did  not  make  it.  Here  are  the  facts  on  this 
point  : 

Under  date  of  August  23,  1843,  the  Mexican  Minister  of  For- 
eign Relations,  in  the  name  of  his  government,  addressetl  to  our 
minister  in  Mexico  the  following  language  : 

"The  Mexican  government  will  consider  equivalent  to  a  declaration  of  war  aga'n^l 
tite  Mexican  rciniblie  the  passage  of  an  act  ior  the  incorporation  of  Texas  with  the 
territory  of  the  I  tnitcd  Elates;  Ihrccrlahitv  of  the.  ftict  briiifT  .•iufficirnt  for  the  /trf^ta 
inatii'V  nf  irar.  leaving  to  the  civilized  w  orlil  to  determine  with  regard  to  the  jn-tice  of 
the  caiiM'  nt'  the  IMexicaii  nation  in  a  stmpsle  which  it  has  liecii  >o  fai  from  prn- 
\okin<;." 

On  the  12t!i  of  .Tunc,  1S44.  just  two  months  alter  the  signature 
by  Mr,  Calhoun  of  the  Treaty  for  the  annexation  of  Texas, 
Santa  Anna,  then  the  President  of  Mexico,  announced  to  the  gov- 
ernment of  the  United  States  ''  that  Mexico  was  resolved  again  to 
undertake  vigorously  the  campaign  against  Texas,  for  which  she 
held  in  readiness  a  large  army;''  and  further  expressed  the  deter- 
mination of  Mexico  upon  the  point  as  follows  : 

"Tlialin  no  manner  will  she  consent  to  dismember  her  territory — rather  will  -he 
carry  the  war  lo  any  extreme  which  may  he  necessary  to  sustain  her  riphls;  and  that 
a-s  nations  do  not  die,  THK  limiiT  op  reconqi'KRisg  th.vt  territory  shall 

RKMAIN    TO    OCR   CHILDRKN    AND    OCR    GRANHCHILDRBN  ;    THAT    THIS     WAS     THE 
UPIMON    OF   THE    COVERNMENT   AND   OF   THE    MEXICANS." 

Santa  Anna  followed  up  this  declaration  by  issuing  in  the  same 
month  (June,  1S44)  a  requisition  for  thirty  thousand  men,  and 
$4,000,000,  to  ■'  carry  on  the  war  against  Texas,"  Generals 
Canalize  and  Woll  were  placed  in  command  of  the  force  raised 
upon  this  requisition;  and  having  advanced  to  Mier,  on  the  Texan 
frontier,  Woll,  at  the  head  of  his  invading  army,  put  forth  a  gen- 
eral order  under  date  of  June  20,  1844,  menacing  '*  every  indi- 
vidual within  one  league  of  the  left  bank  of  the  Rioflel  Norte  with 
the  traitor's  doom," 

Mr.  Bocanegra,  then  the  Mexican  Minister  of  Foreign  Rela- 
tions, styled  the  act  of  Congress  pi  oviding  for  annexation,  in  his 
circular  letter  to  the  various  European  ministers  then  resident  in 
Mexico,  under  date  of  May  31,  1844,  ,'■  a  declaration  of  war  be- 
tween the  two  nations." 

On  the  6th  of  March,  1845,  the  Mexican  minister  protested 
against  the  act  of  annexation,  and  demanded  his  passports.  Our 
minister  in  Mexico  was  refused  all  intercourse  with  that  govern- 
ment, and  was  told  on  the  2d  of  April,  by.  the  Mexican  Minister  of 
Foreign  Affairs  ; 

"That  the  governineut  of  Mexico  cannot  continue  diplomatic  relations  with  the 
United  Slates  upon  the  pre^umpUou  that  such  relations  aie  reconcilable  with  the  law 


192 


THE  TEN  REGIMENT  BILL. 


[MoKDAY, 


■which  the  President  ot  the  United  States  has  approved  in  regard  lo  the  annexation  of 
the  department  of  Texas  to  the  American  Union;  that  this  determination  is  founded 
upon  the  ne»:essity  which  Mexico  is  anderof  maintaining  no  friendship  with  a  republic 
which  ha.?^  v!o!atei!  her  oblieations.  usorped  a  r^ortion  of  terrilorv  which  belongs  to 
Mexico  by  a  richi  which  ^he  will  maintain  at  whatever  cost." 

On  the  4th  of  June,  1845,  President  Herrera  issued  a  proclama- 
tion, announcing  the  intention  of  Mexico,  to  resist  by  arms  the  an- 
nexation of  Texas,  and  affirming  : 

"That  tJie  law  of  the  United  Slate*  in  reference  to  the  annexauon  of  Texas  to  the 
United  States,  does  in  nowi=e  riestioy  the  rights  that  Mexico  ha*^,  and  will  enforce,  up- 
on that  department." 

Affixed  to  this  proclamation,  and  published  with  it,  were  two 
decrees  of  the  Mexican  Congre^^s— one  setting  forth  that  ''  the 
Mexican  nation  calls  upon -all  her  children  to  the  defence  of  her 
national  independence;"  and  the  other  announcing  that  the  govern- 
ment wotild  ''call  to  arms  all  the  forces  of  the  army,  according 
to  the  authority  granted  to  it  hy  existing  laws." 
■  On  the  24th  oi  April,  1846,  Paredes  issued  a  manifesto,  ex- 
pressing the  detcrmin;iiion  in  regard  to  the  nnnexation  which  his 
government  had  taken  immcdioielv  upon  its  accession  to  power  in 
the  beginning  of  that  year,  and  while  General  Taylor  was  still  at 
Corpus  Christi.     In  this  manifesto  Paredcs  says  : 

*•  "  On  rcsumins.  in  the  btpinnin;:  of  the  year,  the  heavy  respou&ibdily  of  guiding 
the  destinies  of  the  nation  dnring  a  -ihorl  [leriod.  I  dktermined  rbsolutklv  to 
CHANGE  1T9  POLICY  FROM  TIIH  WKAK  AND  PERNILIOIS  SYSTEM  OF  TKMPORlZlS«, 
ichich  has  been  observrii  with  rci'tird  to  thr.  I'ntted  States  of  .imtrica,  iiutwith' 
standinff  the  perfiilfi  icith  whirk  Ihnt  sforn-ninm'  prepared  for  //fc  n»:(  ui-atios  of 
Texas,  its  treacherous  riolation  of  the  eiistini,'  treiities  whithi,niarnnticd  the  limits 
of  therepiihiic,  and  the  insidious  act  by  which  it  incorporated  one  of  our 

DEPARTMENTS  WITH  ITS  OWN  CONFEDERACY.  .  .  '  . 

"TheoM  "rievance*.  IheoffVnces  ;igainsl  the  Mexican  nation,  which  have  been  inces- 
Baniiv  repented  since  IKiH,  had  lieen  rr>N,-;cMMATED  BY  the  iNaULT  of  sknding  us  a 
MINISTER,  to  be  arcredtted  near  our  aorernment  in  the  character  of  a  rcsidiufr  min- 
ister, AS  IF  the  relations  BETWEEN  THE  TWO  REPUBLIC*  HAD  NOT  SUFFERED 
ANY  DlSTURDANCE  BY  THE  DEFINITE  AIT  Ol  THE  ANNEXATION  OF  TeXAS.  At 
THE  VERY    TI.ME    «HKN   Mr.  J^LIDELL    APPEARED,  THE    THOOl'M    OF  THE   UmTED 

States  wereoccipyino  our  territory." 

In  this  same  manifesto,  issued  on  the  ii4th  of  April.  1846,  and 
professing  to  state  his  policy  and  thp  grounds  of  it,  ever  since  he 
assnmed  power  in  the  beginning  of  the  year,  he  further  tells  us 
that,  at  that  time,  he  ''  had  sent  orders  to  the  gcneral-in-chief  of 
the  division  of  our  Nortbern  frontier,  to  act  in  hostility  against  the 
army  which  is  in  hostility  against  us,"  &c. 

On  the  4th  of  October.  1845,  Gen.  Taylor  advised  the  march  to 
the  Rio  Grande,  in  these  words  ; 

"  For  these  reasons,  our  position  thus  far  h;is.  I  ihmk.  been  the  best  possible  ;  but. 
now  that  the  entire  force  will  soon  be  concern  rated,  it  may  well  be  a  question  whether 
the  views  of  government  will  be  best  carried  out  by  our  remaining  at  this  point.  [1  is 
with  ereat  delerence  that  I  make  any  supfiestion*  on  topics  which  may  become  matter 
of  delicate  negotiation  ;  bnt  if  our  government,  in  seUling  tiie  question  of  boundary, 
makes  the  line  of  the  Rio  Grande  an  ultimatum,  1  cannot  donbl  that  the  settlement 
will  be  greatly  faeilitated  and  hastened  by  our  takin^no^'^evsion  at  once  of  one  or  two 
suitable  points  on  or  quite  near  the  river.  Our  slreiigtli  and  stale  of  preparation  should 
be  displayed  in  a  manner  not  to  be  mistaken.  However  salutary  may  be  the  effeLl 
pro<lut:ed  upon  the  border  people  by  our  preseni-e  here,  we  are  too  tar  from  the  frontier 
(o  impress  the  government  of  Mexico  with  our  reailiness  to  vindicate,  by  force  of  arms, 
'if  neces-^ary,  our  title  to  tlie  conulry  a^  far  as  Ihe  Rio  (Irandi'.  The  "  army  of  oct-n 
pation"  will,  in  a  few  days,  be  concentrated  at  this  point,  lit  con<titi<m  for  vii.'orous 
and  efficient  service.  Mexico  having  as  yet  made  uo  (lositive  declaration  of  war,  or 
committed  any  overt  act  of  hostilitip!*.  I  do  not  feel  at  lilterty,  unrirr  my  instructions, 
particularly  those  of  July  i^.  to  make  a  forward  movement  lo  the  Rio  Grande  witlioul 
authority  from  the  War  Dcpartincnl. 

"In  case  a  forwanl  movement  should  be  ordered  or  antliori/.cd,  I  would  recommend 
the  occupation  of  Point  Isabel  and  I<aredo  as  best  adapted  to  the  purposes  of  obbcrv 
ing  the  course  of  the  river  ami  covt-ring  the  frontier  licttlemeiils  ofTexas." 

On  the  13th  of  Jan.  1846,' orders  were  issued  in  conformity  with 
this  suggestion,  but  carefidly  guarding  against  war,  in  these 
words  : 

"War  Department,  Wa,^hitigtoii,  January  1^,  184(1. 

"  Sir  :  I  am  directed  by  the  President  to  instruct  you  to  advance  and  oc<>upy.  with 
thp  troops  under  your  command,  positions  on  or  near  the  east  bank  of  the  Rio  del 
Norle,  as  soon  as  it  can  be  convenicnrly  dour  with  reference  to  the  season  and  the 
routes  by  which  your  movements  must  be  made.  Krom  the  views  heretofore  presented 
to  this  Department,  it  is  presumed  Point  Kabel  will  bp  eon-sidcred  by  you  an  elii;d)le 
position.  This  point,  or  some  one  near  it,  and  points  opposite  IVIatainoras  and  Mier, 
and  in  the  vicinity  of  Laredo,  arc  suggested  ftir  your  ctnisideralion  ;  but  yon  are  left 
lo  your  better  knowledge  to  determine  the  post  or  )>osts  which  you  are  lo  occupy,  aa 
wella-s  the  question  of  dividing  your  forces  with  a  view  to  occu|)ying  two  or  more  po- 
sitions. 

■■  In  the  positions  you  may  lake  in  carryinc  out  the-e  instructions  and  oilier  move- 
ments that  may  he  made,  the  nse  of  the  Del  Noite  may  be  very  citiivinieiit.  if  not  ne- 
cessary. Should  you  attempt  to  exercise  the  ri^lit  which  the  rinicii  States  have  in 
common  with  Mexico  to  the  free  navigatimi  of  tins  river,  it  is  probable  tlial  Mexico 
would  interpose  resistance.  Voii  will  not  attempt  to  enforce  this  right  without  further 
instructions. 
'  "  It  is  not  designed,  iu  our  present  relations  with  Alcvico,  that  yon  should  treat  her 
as  un  enemy ;  but  should  she  assume  that  character  by  a  declaration  of  w.ir,  or  any 
open  Jilt  of  hostility  towanls  us,  you  will  not:  act  merely  on  the  defensive,  if  viuti  rela 
tive  means  enable  yon  toilo  otherwise." 

These  orders  were  rnceivcd  on  the  4th  of  February,  1846,  and 
were  executed  according  to  their  spirit,  as  llic  despatch  of  16th 
February  show  : 

"  1  have  taken  rwcasinn  to  rep^c^elll  to  some  citizens  of  IMatanioras,  who  were  here 
With  a  large  number  of  mule*  for  sale,  and  who  are  represented  lo  have  i-inisidernble 
influence  at  home,  that  the  United  States  government,  iu  occupying  the  Rio  Grande, 
hiiftno  motive  of  hostility  townnls  Mexico,  and  that  the  army  will,  in  no  <'ase,  go  be 
vonil  the  river,  unless  ho-tilities  should  he  commenced  i)v  the  Mexicans  themselves ; 
that  the  Mexicans,  living  on  thi*  side,  will  not  be  ih-^turbed  in  any  way  bv  the  trooi>s  : 
that  they  will  he  protected  in  all  their  rights  and  usages  ;  and  that  every  thing  which 
the  r  '       "  • -  '  -  - '    ''-  -    *' ''"'-     "  '     ■        ■    ■    ■     ■ 


On  the  11th  March  the  army  marched  from  Corpus  Christi;  and 
on  24th,  General  Taylor,  with  a  part  of  his  command,  arrived  at 
Point  Isabel;  and  on  the  28lh,  he  arrived  with  the  main  body  on 
the  bank  of  the  Rio  Grande,  opposite  Matamoras.  Here  I  will 
read  from  the  minutes  of  the  interview  between  Generals  Worth 
and  La  Vega  on  the  same  day,  showing  his  refusal  to  allow  him 
communication  with  our  consul  : 

'■  General  Worth,— Is  the  American  consul  in  arrest,  or  in  prison  1 

General  La  Vega. — No. 

General  Worth. — Is  he  now  in  the  excicise  of  his  proper  function-;  1 

General  La  Vega,  after  apparently  consulting  with  the  Licenciado  Ca^ares  for  a  mo- 
ment, replied  that  he  was. 

General  Worth, — Then,  as  an  American  officer,  in  the  name  of  my  government 
and  my  commanding  general,  I  demand  an  inter\'iew  with  thd  consul  of  my  country. 
(J^o  reply.) 

General  Worth. — lias  Msxico  declared  war  against  the  United  States  ? 

General  La  Vega. — No. 

Genera!  VVorlli.  — Are  the  two  countries  still  at  peace? 

(ieneral  La  \'ega. — Yes. 

General  ^Vorth. — Then  I  again  demand  an  interview  with  the  consul  of  my  govern- 
ment, in  Matamoras,  in  llie  jire->ence,  of  course,  of  these  gentlemen,  or  any  other  that 
thecommantbng  general  in  Matamoras  may  be  pleased  to  destgnale.  General  La  Vega 
reiterated  that  the  consul  was  in  the  proj)er  exercise  of  his  functions  ;  that  he  wttsnyt. 
in  arrest,  nor  were,  any  other  Americans  in  arrest  at  Matamoras  ;  that  he  would  sub- 
niit  Ihe  demand  to  General  Mejia,  adding  that  he  thonght  there  would  be  great  diffi- 
culty. 

This  demand  wa;;  repeatedly  made  in  the  most  emphatic  manner,  and  a  reply  re- 
quested ;  <ien.  La  Vega  .stating  Ihe  consul  continned  in  the  exercise  of  bis  functions, 
and  that  Geueral  Worth's  demand  would  be  submitted  to  General  Meija. 

No  repiv  having  been  received  from  Gen.  La  Vega  relative  to  the  demand  for  an  in- 
terview with  the  American  consul,  the  question  was  again  introduced  by  General 
Worth,  and  the  demand  for  the  last  time  reiterated. 

Gen.  La  Vega  then  promptly,refused  to  comply  with  the  demand,  replying,  without 
waiting  for  the  interpretation,   "  No,  no." 

(Jeneral  Worth. — 1  have  now  to  state  that  a  refusal  of  my  demand  to  see  the  Amer- 
can  consnl  is  regarded  lis  a  beligerant  act ;  and,  m  conclusion,  I  have  to  add.  the  com- 
manding general  of  the  American  forces  on  Uie  let\  bank  of  the  river  will  legard  (he 
jiassage  of  any  armed  jiarty  of  Mcvit^ans  in  hostile  array  across  the  Rio  Grande  a^  an 
"act:  of  war,  and  [Uiriue  it  accordingly."  ^ 

Gen.  Ampudia  arrived  at  Matamoras  on  the  Iltb  of  April,  and 
on  the  12th,  addressed  this  letter  to  Gen.  Taylor,  "  by  explicit  and 
definitive  words,  from  my  (his)  government  :" 

"  Your  government,  in  au  incredible  manner — yon  will  even  permit  me  ttf  say  an 
e\tra\  Jigant  piie,  if  the  n^age  or  general  rules  established  and  received  among  all  civil- 
ized nations  are  regarded — has  not  only  insulted,  bnt  has  exasperated  the  Mexican  na- 
tiou,  bearing  iti  conqneriug  banner  to  the  left  bank  of  the  Rio  Bravo  del  Norte  ;  and 
in  this  ca.se,  by  explicit  and  definitive  orders  of  my  government,  which  neither  can. 
will,  nor  should  receive  new  outrageji,  I  require  yon  in  all  form,  and  at  latest  in  the 
peremptory  term  of  twenty-four'  hours,  to  break  up  your  camp  and  retire  to  the  othei 
bank  of  the  Nueces  river, 'while  our  governments  are  regulating  the  pending  question 
MI  relation  to  To.\as.  If  you  inMst  in  remaining  upon  the  soil  of  the  department  of 
Tamaulipa.s.  it  will  clearly  result  that  arms,  and  arms  alone,  must  decide  the  rpieslion  ; 
and  iu  that  case  I  advise  you  that  we  accept  the  war  to  which,  with  so  much  injustice 
on  your  part,  von  piovoke  us,  and  that,  on  our  part,  this  war  shall  be  conducted  con- 
formably lo  tlie  principles  established  by  the  most  civilized  nations,  that  is  to  say,  that 
the  law  of  nations  and  of  war  sliidi  be  ihe  guide  of  my  operations  ;  trusting  that  on 
vonr  part  the  same  will  be  observed. 

With  this  view,  I  tender  you  the  cousideiations  due  to  your  person  and  le-'pectabls 
()tlice. 

God  and  Liberty ! 

JIkadqiakteks  at  Matamoras,  2  o'clock  P.  M.,  April  12. 1816. 

PEDRO  D'AMPUDIA. 

Henor  General  in-('hief  of  the  United  States  Army, 
I>on  7..  Taylor.*' 

fJKNKRAi.  Taylor's  asswkr. 

HkAPQUARTERS  AUMY  of  OccrPATION, 

Camp  near  Matamoras.  Texas,  April  1-,  1846. 

"  Sknok  ;  I  have  had  the  honor  to  receive  your  note  of  this  date,  in  which  you  snm- 
nir>n  me  to  withdraw  tlip  forces  under  my  command  from  their  present  position,  and 
beyond  the  river  Nueces,  until  the  pending  question  between  onr  governments,  telatne 
to  tlifl  limits  of  Te.Mis.  shall  Ik-  allied.  1  need  hardly  advise  you  th.at,  charged  as  I 
am.  in  only  a  military  capacity,  with  the  performance  of  specific  duties,  I  cannot  en- 
ter into  a  "discnssiou  of  the  international  (juestion  involved  in  the  advance  of  Ihe 
American  armv. 

"  The  instruction^  under  which  I  am  acting  will  not  permit  me  to  retrog;iade  from 
the  position  I  now  occnpv.  In  view  of  the  relations  between  our  its()ei'tive  govern- 
ments, ami  the  imlividual  suffering  which  may  result,  I  regret  the  alternative  which 
yon  offer ;  but,  at  the  same  time,  wish  it  nnilcrstood  that  I  sh.-di  by  no  means  avoid 
iucli  alternative,  leaving  the  resi)Oiisibility  with  tho>e  who  rashly  commence  hostilitiei^. 

t^enor  General  D.  Pedro  dk  Ami-i  oia." 

On  the  15th  of  that  month,  considering  this  an  aet  of  war,  Gen- 
eral Taylor   blockaded  the  month  of  the  Rio  Grande.     This  is  his 

report : 

"  In  mv  las!  des[)at(di  I  advised  you  that,  op  receipt  of  General  Anipndia's  sum 
inmis  to  fall  hack  from  mv  |iosiUon,  1  ordered  a  blockade  of  the  mouth  of  the  Rio 
Grande,  deeming  this  measure  |>erfectly  proper  under  the  circumstances,  and.  at  the 
same  time,  the  most  efficient  means  of  letting  the  Mexican  commander  understand 
thai  this  state  of  quasi  war  was  not  to  be  inter|)reted  to  his  advantage  only,  while  we 
reai>ed  the  inconveniences  attending  it.  On  tlie  JTth  instant,  pursuant  to  my  inslrnc- 
lions,  Lieutenant  Reii,baw.  of  the  navy,  warneil  off  two  American  schooners  about 
lo  enter  the  river  with  j>rovisions.  Yesterday,  I  received  from  General  Ampudia  a 
eommunicalion  on  the  subject,  a  translation  of  which,  and  mv  reply,  are  herewilh 
transmilled.  1  trust  that  my  course  in  this  mJitter  will  meet  the  approval  ot  the  de- 
partmenl.  It  will,  at  anv  rate,  comiiel  the  Mexicans  to  withdraw  then  army  fiom 
Matamoras.  ^vherc  it  .ann'ot  be  subsisted,  or  to  ;tssnme  Ihe  oiftnsive  on  this  side  ot  the 
liver." 

(ami'I'uia's  Ktiri.v.J 

"  OivisioN  OK  THK  North,    ) 
Srcoiul  Qmeral-iu' Chief.       S 
Fioni  various  sources,  worthy  of  conlidence,  1  bavo  learned  that  stnne  vessels,  bound 
lot  the  month  of  the  river,  have  not  been  able  to  eflect  an  entrance  into  that  \x>rX.  in 
conscipicnce  of  your  order*  that  they  should  be  condueteii  to  Brasos  Santiago.     The 
cargo  of  one  of  them  is  rom)iosed  iu  great  part,  and  of  the  other  entirely,  of  pmvisions, 
which  the  contractors  charged  with  providing  forihe  army  nuder  my  ortler*  hafl  procur- 
ed, lo  fulfil  the  obligations  of  ibeir  contracts.     Yon  have  taken  possession  of  these  provi 
S1..I1S  l)y  t'orce.  and'^agaiii't  the   will  of  the  proprietors,  one  of  whom  is  vice  consnl  of 
l"-r  Catholic  Ma|e^ty?  and  the  other  of  her   Drittannic  Majesty;  and  whose  rbbls.  in 
place  of  beiii"  religiously  re-ipected.  as  was  proffered.  ;ind  as  was  to  be  hoped  from  the 
observnnee  ol  the  principles  which  govern  among  civilized  nation?,  have,  on  the  con^ 
irary.  been  violated  in  the  moBt  extiaotdiuary  manner,  opposed  to  the  gnaiantee  and 
iwpecl  due  lo  private  proiwriy." 


January  31. 1 


THE  TEN  REGIMENT  BILL. 


193 


On  tlie  16th  of  April,  Gen.  Amputlia  recognized  a  stale  of  war, 
in  his  letter  concerning  Col.  Cross,  in  these  terms  : 

"  In  reply  to  your  note  whicli  I  received  yesterday,  I  have  the  Uonor  to  state  that  if 
Colonel  Crois,  quartermaster  general  of  the  forces  under  jT>ur  conirnaiid,  had  bc'en 
Ibiind  at  any  of  the  military  posts  under  my  onlers.  his  lot  would  have  been  that  of  a 
prKoner  of  war.  treated  with  the  considemtioii  due  his  rank,  and  ani-ording  to  the 
rules  prescrihet!  by  the  law  of  rial  ions  and  of  war,  well  considered  in  Ins  situation  as  a 
|iri^oner." 

On  24rh  of  April,  General  Arista  arrived,  assumed  the  com- 
mand, and  nntiticd  Gen.  Taylor  of  the  existence  of  war,  and  on 
the  same  day.  rrivinir  the  wr)rd  and  the  hlow  :it  the  same  lime, 
Captain  Thurnton  and  his  command,  was  attueked  and  deteated, 
as  the  followinir  dispatch  will  show. 

"Headquarters  Army  of  Occupation.  Camp  near  Malainoras,  Texas,  April  2G.  1846. 

Sir:  I  iiaveresj) -ctfuilv  to  report  that  (Jeui-ral  Arista  arrived  in  Matamoras  on  the 
24tb  instant,  and  assnuied  the  <-hief  command  of  the  Mexican  troopi.  Onthe  same 
day  he  adtlres^i'ii  me  a  comnuinication.  eonccivt'd  in  courteous  terms,  hut  saying'  that 
he  considered  hostilities  commenced,  and  shonltl  prosecute  them.  A  translation  of  his 
note,  and  copy  of  my  reply,  will  bu  (ransmittfd  the  moment  they  can  Ue  prepared.  I 
despatch  this  by  an  express  which  is  now  wailing. 

1  re<3ret  lo  report  that  a  partv  of  drai'Oons.  sent  out  by  me  on  Ihe'J-llh  instant,  to 
wal«!li  the  irourse  ofthe  river  above  on  tills  bauk,  became  enga^'etl  with  a  very  large 
forceoftheem-iny.  and  aAer  a  short  affair,  m  wlikh  some  sixteen  were  killed  and 
wounded,  apppiir  lo  have  been  snrrouudi-d  anri  compelled  to  surrciidiT.  Xot  one  of 
the  party  has  returned,  except  a  wounded  m.iii.sentin  this  moruinp  by  the  Mexican 
commniider,  rothat  I  cannot  report  with  confidi-tine  the  parliculars  of  nieenf;a!,'emenl. 
i»r  Ilie  fate  of  Llie  officers,  except  that  Captain  IlardKC  was  known  lo  be  a  jiri^ouer.  and 
unluirl.  Caplain  Thornton,  and  T^ieutenants  Mason  and  Kane,  were  the  other  offi- 
cers.    The  party  was  (53  strong.'' 

Next  eomes  Gen.  Taylor's  letter  to  Ampndia,  of  the  22d  of  April. 
explaining  his  course  up  to  this  time: 

"On  breakiog  up  my  camp  at  Corpus  Chrisli.  and  moving  forward  with  the  army 
under  my  orders  to  occupy  the  left  ban!;  of  the  Rio  Hiavo.  it  wa.^  my  earnest  desire  to 
exeimtH  my  iu^tiuctioui  lu  a  paciilc  inauner;  to  observe  the  utmost  regard  for  the  pi-ro- 
nal  rights  uf^  all  citizens  residing  on  the  let'i  hank  of  the  river,  and  to  take  care  that  the 
religion  and  custom>  t,f  the  people  should  suffer  no  viol.ition.  With  ibis  view,  and  to 
quiet  the  minds  of  the  inhabitants,  I  issued  orders  to  the  army,  onjoinlnK.i  strict  obser- 
vance of  the  rii'hts  and  interests  of  all  Mexicans  residing  on  the  river,  and  caused  said 
orders  to  be  translaled  into  Sjiani^h,  and  circulated  in  the  several  towns  on  tite  Bravo. 
These  order?  announced  the  spiiil  in  wiiich  we  propo.H'd  to  occupy  tlie  country,  and  I 
am  proud  to  say  that  up  to  this  moment  the  same  spirit  li.xs  coutrolled  the  operations  of 
the  army.  On  reachlnf;  the  Arioyo  Coioiado  I  u  a-.  Informed  by  a  Mexican  officer  that 
the  order  in  question  had  liecn  received  at  Matamoias.  but  was  told  al  the  same  time 
that  if  I  atleinpled  to  crois  the  river  it  would  be  rcgariled  as  a  declaration  of  war. 
Asaio,  on  my  march  to  Frontone  I  was  met  by  a  deputation  of  the  civd  autboiities  of 
Matamoras,  protestin','  ngalnst  my  occupation  of  a  portion  of  the  tt-rntory  of  Tamau- 
lipas,  .ind  declarin-;  tlial  If  the  army  was  not  al  ouee  withdrawn,  war  would  result. 
While  this  commnnioalion  was  in  my  bauds,  il  was  rliscovered  that  the  village  of  Fron- 
tone had  heeu  set  on  fire  and  abandoned.  I  viewed  this  as  a  direct  act  of  war,  and 
informed  the  deputation  that  their  conunnnicatlon  would  be  answered  by  me  when  op- 
1  oite  Matamoras.  which  was  done  in  respectful  terms.  On  reaching  the  rher  1  do- 
ypatched  an  officer,  hi^b  in  rank,  to  convey  to  tiie  commandmff  seueral  in  Matamoras 
the  expression  of  my  desire  tor  amicable  relations,  and  mv  wtlhll^rness  to  leave  )(ppn  to 
the  use  of  the  citizens  of  Matamoras  the  port  of  Brazos  Saulia^o  until  the  question  of 
boundary  should  bedetinilively  sealed.  Tills  officer  received  for  reply.  tVom  the  offi- 
cer selected  U>  confer  widi  bun.  that  my  advance  to  the  Rio  Bravo  was  considered  as  a 
veritable  act  of  war.  and  he  was  absolutely  refused  an  interview  with  the  American 
<'On?ul.in  itself  an  act  incompatible  with  a  state  of  peace.  Notwithstanding  these 
repeate4t  assurances  on  the  part  of  the  Mexican  nuthorilies,  and  uotwithstandimr  the 
most  obviously  hostile  preparations  on  the  right  hank  of  the  river,  accompanied  hy  a 
rigid  non-intercourse.  I  carelully  ab^-lained  t'rom  any  act  of  hostility — determined  tliat 
the  onus  of  produclnL'an  actual  state  of  hoil Hit les  should  not  rest  with  me.  "ur  rela- 
tions remained  in  this  state  until  I  had  the  honor  to  receive  your  note  of  the  19th  In- 
stant, in  which  you  dcnunnce  w  ar  as  the  ahernative  ot  n)v  remaining  lu  this  position. 
As  I  could  not  under  inj  iiistmctious.  recede  from  my  position,  T  accepted  the  alternative 
you  offered,  and  made  all  my  dis|iositions  to  meet  it  suitably.  But,  sllil  willing  to  adopt 
milder  measures  before  proceeding  to  othei-s.  I  contented  myself,  in  the  first  instance, 
with  ordering  a  blockade  of  the  mouth  of  the  Rio  Bravo  hy  the  naval  forces  under  my 
orders — a  proceeding  |)eifectlv  consonant  with  the  slate  of  war  so  often  declared  to 
exist,  and  which  you  acknowledge  in  your  note  of  the  UUh  instant,  lelatiieto  the  late 
Col<mel  Cioss.  tt'  this  measure  =eem  oppressive.  1  wish  it  home  in  iniud  that  tt  has 
been  forced  upon  me  bv  the  couise  you  have  si-en  fit  to  adopt.  I  bine  reported  this 
blockade  to  my  government,  and  sliall  not  remove  it  until  1  receive  iiistructiou  -  to  that 
effect,  unless,  indeed,  you  desire  an  armistice,  pcudini:  the  final  setllenient  of  the  que>- 
tion  between  the  governments,  or  until  war  sliall  he  formally  declared  by.either;in  which 
c3=e  1  will  cheerfully  o]>eii  the  river.  In  regard  to  the  coo^pquenees  you  mention  as  re- 
sidling  from  a  refusal  lo  n-movelbe  bloclrade,  I  beg  you  to  uudei-stand  that  J  am  pre- 
pared for  ihcm.  he  they  what  they  may. 

In  conclusion,  I  take  hnive  to  slate  that  I  consider  the  tone  of  your  eommnnication 
highly  exceptionable,  where  yon  stigmatize  the  movement  of  the  army  under  my  orders 
as  "marked  with  the  se.il  of  universal  reprohatiou."  Von  must  be  aware  that  fucIi 
language  U  not  respeclful  in  il>elf,  either  to  me  or  my  government:  and  while  1  observe 
111  my  own  rorrespoinlence  the  courtesy  due  to  your  hiirh  position,  and  to  the  mawui- 
tude  of  the  interests  wilh  which  we  are  re.spec!ive!y  charged,  I  shall  expect  the  same 
in  return."' 

No  volunteers  were  called  for  execpt  two  companies  from  Texas, 
until  2(>th  of  April,  though  full  authority  had  already  been  given 
for  the  same — see  despatch  of  that  day: 

'•Hostilities  may  now  he  considered  as  commenced,  and  I  have  ihis  day  deemed  't 
necessary  to  call  iipou  Uie  governor  of  Texas  for  four  regiments  of  volunteers,  two  ^o 
be  mounted  and  two  to  serve  iLs  fool.     As  some  delay  must  occur  in  collecting  these 

30th  Cong. — ^Ist  Skssion^. — No.  25. 


troops.  I  have  aUo  desired  the  governor  of  Louisiana  to  send  out  four  regiments  of  in- 
ffUtry  as  soon  a*  practicable.  This  will  constitute  an  auxiliary  force  of  nearly  5.000 
men,  which  wdl  be  required  to  prosecute  the  war  with  energy,  and  carry  it.  as  it  shoultl 
be,  into  the  enemy's  country.  I  trust  the  department  will  approve  my  course  In  tliis 
matter,  and  will  "ive  the  necessary  orders  lo  tin- staff"  depurtmenb.  for  tlie  supply  of  this 
large  additional  lorce." 

From  these  facts.  I  think  it  results  cK-arly  that  llie  war  did  not 
commenue  by  the  act  of  the  Presiilcnt;  that  it  was  cnmmenced  by 
Mexico,  as  s!ic  had  determined  from  the  iirst,  iind  that  nulhino' 
would  have  prevented  it  sooner  or  later.  But  if  lliere  was  any 
cause  whii;li  bruUi;ht  on  the  crisis  al  tliis  particular  time,  it  was 
iirst,  the  blockade  of  the  moulti  of  the  Kio  Grande,  which,  in  ihc 
lanijuaive  of  General  Taylor,  nmst  necessarily  compel  the  Mexi- 
cans either  to  retreat  or  lo  cross  the  ri.ver  and  tight  him;  and, 
secondly,  the  failure  n['  that  General  to  call  for  volunteers,  as  he 
was  uui  horized  to  do.  after  he  arrived  on  the  Iliu  Grande,  and  was 
informed  of  tlie  hostile  intentions  of  the  Mexicans.  He, arrived 
there  nearly  a  month  before  the  attack  on  Captain  Thornton,  and 
if  be  had  then  called  on  Texas  and  Louisiana  for  volunteers,  the 
rapidiiy  with  wliieh  they  flew  to  his  assistance  aftewards.  shows 
that  they  might  have  arrived  at  th<'  scene  of  action  before  the  24(h 
of  Afiril.  It  can  hardly  be  suppo.scd  if  20UIJ  or  30UU  additional 
troops,  had  been  with  General  Taylor,  that  the  Mexicans  would 
have  crossed  the  river.  These  events  occurred  without  the 
knowledge  of  the  President  of  the  United  States,  and  before  the 
facts  could  be  communieated  to  him  and  any  order  given.  No 
orders  or  authority  was  ever  give*  to  blockade  the  uiouth  of  the 
river,  on  tlie  contrary,  General  Taylor  was  instrircted  not  to  insist 
on  the  joint  naviijation  of  tliat  river,  if  it  should  be  objected  to  by 
the  Mexicans.  General  Taylor  was  repeatedly  reminded  of  the 
ample  authority  given  him  to  call  for  volunteers,  and  he,  and  not 
tlie  President,  was  the  best  judge  of  what  was  necessary.  He 
had  a  generous  confidence  in  his  army,  that  it  was  able  to  with- 
stand Uie  force  which  the  Me>dcans  cotdd  bring  against  it,  and 
subsequent  events  have  proved  that  he  was  correct.  But  the 
Mexicans  did  not  know  at  that  lime.  They  had  no  idea  of  our 
prowess;  but  I  do  not  think  they  would  have  crossed  the  river 
against  a  iaige  ibrce. 

I  do  not  blame  Gen,  Taylor  for  the  course  he  adopted — it  may 
have  precipitated  the  war  a  little  sooner'than  it  w^uld  otherwise 
have  occurred,  but  still  as  it  must  have  occurred  al  last,  and  as  we 
made  a  glorious  beginning  on  the  tields  of  Palo  Alto,  and  Reseea 
de  la  Palma,  I  see  no  cause  to  regret  it.  All  I  wish  to  say  is, 
that  for  these  events,  the  President  of  the  United  States  is  not  re- 
sponsible. 

Before  I  close,  there  is  another  lact-JA-hlch  I  wish  to  submit  to 
the  consideration  of  the  Senate.  Those  on  the  other  .side  of  the 
house,  contend  that  the  President  brought  on  the  war  by  ordering 
the  army  to  the  Rio  Gramle,  a  territory  either  belonging  to  Mex- 
ico, or  in  dispute.  Whatever  difference  oi'  opinion  may  exist  on 
the  question  of  boundary,  it  was  clearly  the  duty  of  the  Presi- 
dent to  recognise  the  Rio  Grande  as  the  true  boundary.  Acts  of 
Congress  had  i-eoognised  it  as  such  ;  they  were  the  laws  of  the 
land,  and  he  was  bound  to  obey  them,  whatever  opinions  may 
have  been  entertained  by  the  Mexican  government,  or  others  on 
the  question  of  boundary.  That  he  was  right  in  considering  this 
American  territory,  and  the  Mexican  troops  as  invading  it, 
is  clearly  proved  by  the  proceedings  of  this  body,  on  the  12th  of 
May  1S46,  when  the  bill  recognising  the  war  was  under^  conside- 
ration.    I  will  here  extract  from  the  journal  of  Senate. 

"On  motion  by  Mr.  C'RiTTEf.'DEN  to  amend  the  bill  by  striking  out  section  I.  line  4, 
the  words  "to  prosecute  said  war  to  a  sjie'edy  and  successful  termination."  and  in  hen 
thereof,  insert  "to  rrpr/"  inraswn,  and  uthvrwise prosecute  hosilities  until  the  coitn- 
I  n/ be  securretl  frirm  tin  i}n»<scj'  of  further  invasion.''* 

This  was  determined  in  the  tiegative,  yeas  20 — nays  26.  How  can 
it  be  contended  after  this,  that  the  President  made  this  war,  or 
that  it  was  not  made  on  American  scil.  How  could  the  Senator 
from  Kentucky  [Mr.  Crittknpen]  call  it  "'invasion,"'  unless  the 
Mexican  army  bad  crossed  over  into  American  .soil.  He  and  they 
who  voted  with  him,  must  have  so  considered  it  at  the  time.  How 
can  they  then  say  now,  that  the  President  made  this  war  ? 

Mr.  DOUGLAS  intimated  his  intention  of  addressing  the  Sen- 
ate upon  this  bUI  to-morrowj  and 

On  motion, 

The  ^'enate  adjourned. 


194 


PETITIONS— RESOLUTIONS. 


[Tuesday, 


TUESDAY,  FEBRUARY  1,  1848. 


PFTITI0X9. 

Mr  DICKINSON  pieseiiteiT  a  peiilioii  of  citizens  of  Nc\v 
York,  niaviii"  lli«  fPtablislniient  ot  a  purl  ol  n.try  at  Kmm- -; 
Point,  in 'thai  Stat..;  whicl.  was  relV-rr.-.l  to  tl,e  lomm.ttoe  on 
Coininerce. 

Mr  DOWNS  nresente.l  a  petition  orHeniy  Frejieu  anil  others, 
citizens  of  the  Parish  of  Natehitoehes,  Lou.Mana  prayniL'  the 
contirniation  of  their  titles  to  certain  lands  in  that  State;  whieli 
was  referred  to  the  Committee  on  Private  Land  Claims. 

POST    BOUTF,    IN    ARKANSAS. 

Mr.  ASHLEY  snbmitted  the  following  re.soliition,  wliieli  was 
considered  hy  unaninKUs  consent,  and  agreed  to. 

Rr^alrml  TliBl  llie  CoiiimaleP  nil  llic  Post  (Iffirp  and  Po^l  Roaili  lie  inslincle.l 
to  liiiiinre  nilo  iIk-  ■■si.e.liem-v  of  estalilisliius  a  I'o.l  Rouli-  r.oni  fowliatan.  in  I.mv 
ence  coiinlv.  .^iLaniS-.  via  Walooll,  to  Willies,  in  (.reene  county,  "i  >alil  Malp. 

CL.MMS   IN    CALIFORNIA. 

Mr.  BENTON  submitted  the  following  re.soliuion,  which  was 
considered  by  mianinious  consent,  and  agreed  to: 

R(■.^■w/^/■(/,  That  itie  Military  C'oniiniltee,  to  whieli  lias  iieen  leftrreil  tlie  iiptition  ol" 
Jolm  r'liarlf^  Fieinonl,  in  relation  lo  Calilbrnia  L-laim.sou  the  govern nieiil  ol'llie  IJniteil 
S^ate^,  lie  authori/eil  anil  liliecled  to  lake  teslinioiiy.  written  and  oral,  iirrejiaid  to  said 
claims;  and  tor  thai  pnrjiose  to  sniiiiiion  witnesses  now  in  or  near  the  I  'ity  urVVa-hiiiif- 
lou,  and  to  administer  oaths  lo  said  witnesses,  and  lake  the  testiiiioiiy  in  v^rilin:';  aiul 
thaethe  Cuiiiinitlee  have  leave  lo  einjiloy  a  Clerk. 

PUBLIC    LANDS    IN    ILLINOIS. 

Mr.  BREESE  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to. 

Ittsolrtil.  That  the  t 'oiiituittee  on  Puhlie  Lands  he  ilistrncled  to  iininire  what  le^-i? 
latiun,  tl"  any,  is  iieeessaiy  tor  the  disposal  of  the  lands  lyiiifj  upon  tile  llhiitii.  luri,  in 
he  K*lateol  Illinois,  and  known  :ls  the  "lost  lands,"  and  to  lepurl  Iiy  hill  oi  olheiwi.e- 

MILITARY    LANDS    IN    ILLINOIS. 

Mr.  BREESE  submitted  the  following  resolution,  which  was 
considered  by  iiuaiiiiuous  consent,  and  agreed  to: 

Kesolral.  That  the  Seeretary  of  the  Trea-nry  he  directed  to  inform  the  Senatp.  w  hal 
nnaullty  of  the  jiuhliu  lands  lyiiit'  in  the  ,Slate  of  Illinois,  has  heeii  jjraiit,..!  lor  iiiilil:ir, 
hoiinlies  siiieetlie  1st  ,i;iy  of  January,  h^lit,  the  price  at  which  tliey  were  held  hy  the 
f'liil  ed  Slates  when  cr.anled,  and  also  the  (|nantily  reliinini-djed  to  Ihe  I'liiled  Slates, 
unJerthe  operation  otllieaclof  Apiil, 'J4lh,  IKlll. 

NKW  GAROF.N   SOCIETY   OF   FRIENDS. 

On  motion  by  Mr.  MANUUM,  it  was 

Ordered,  That  the  Committee*  on  Foreign  Uclalions  be  ihs- 
cliarged  from  the  further  consideration  of  the  memorial  of  the 
monthly  meeting  of  Friends,  held  at  New  Garden,  Cljester  county, 
Pennsylvania,  and  that  it  lie  on  the  table. 

PRE-EMPTION  RIi;HTS. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  wlioui 
the  subject  was  referred,  reported  a  bill  to  repeal  a  part  of  the  act 
entitled  "  An  iict  to  appropriittc  the  proceeds  of  the  sales  of  the 
public  htiuls  and  to  grant  pre-emption  rights  ;"  which  was  read 
and  passed  to  the  second  re:iding. 

DUTIES  ON  (iOODS  EXPORTED  TO  MEXICO. 

The  Senate  proceeded  to  consider  the  billowing  resolution  snb- 
mitted on  the  -JSihnr  ,l:iiui;tiy,  by  Mr,  MiLi.ER,  and  it  was  agreed 


lie^oln;!,  That  (he  I'le.i.lent  of  the  t  hiiteil  Stales  he  requested  lo  infoim  the  Senate 
whellier  he  h.-is  caused  lo  he  laid  and  collected  any  taxes,  dalles  or  Imposts  iinon  uood- 
andinetehaiuh/.ehclonKinKlocitiM.nsof  theHuned  Slates,  esporled  hv  said  cill/e,,, 
Itoni  Ihe  I  nlted  Wales  to  Mevico,  ami  if  so,  whal  i,  the  rate  of  such  diilies,  and  what 
amount  has  lieen  collected,  and  also  hy  what  autlioiilv  the  same  have  heen  laij  and 
collected. 

BOUNTY    LANll    CLAIMS. 

On  motion  hy  Mr.  Rusk,  the  prior  orders  were  postponed,  to 
consider,  as  in  Coimnittee  of  ihu  Whole,  the  bill  to  allow  further 
tune  for  satisfying  claims  for  bounty  lands  for  military  .services  in 
the  lato  war  with  Great  Britain,  and  for  other  purposes! 

Mr.  RUSK  moved  to  amend  the  bill  by  striking  out  in  tho  8tli 
line  of  the  Jst  section,  the  words  ''in  the  war  of  the  revolution  or.' 

Mr.  UNDERWOOD  said,  that  having  introduced  the  bUl  ho 
■would  make  a  single  remark  in  reference  to  tho  amendment.  Ho 
did  not  know  that  tliero  was  any   levolutiouury   soldiers  wliosa 


claims  for  military  bounty  land  were  unsettled.  In  drafting  the 
bill,  however,  he  had  inserted  a  provision  for  their  benetit  in  case 
there  .should  be  anv  left.  There  were  some  nine  hundred  soldiers 
of  the  last  war  who  had  claims  to  bounty  lands  which  were  still 
nnsatistied.  His  friend  on  the  right  (Mr.  RusK,)  had  information 
from  the  proper  department  on  "the  subject,  and  it  mitrht  be  that 
these  were  all  the  claims  which  were  yet  to  be  adjusted.  He  be- 
lieved that  the  ameiidnient  had  been  submitted  in  order  to  remove 
the  apprehensions  of  some  friends  over  the  way  lest  the  bill  might 
otherwise  open  the  door  to  the  nnsatistied  Virginia  military  land 
warrants.  The  bill  had  nolhing  to  do  with  that  subject,  which  it 
did  not  at  all  look  to  or  embrace.  That  subject  would  come  up 
for  consideration  when  he  should  report  a  bill,  of  the  introduction 
of  which  he  had  given  notice.  He  would  again  express  the  hope 
I  hat  the  amendment  would  be  withdrawn,  lest  there  might  be  a 
siiiiile  revoUitionary  soldier  left  who  was  entitled  to  military  bounty 
laud  who  could  receive  it  only  because  his  claims  were  manifest 
by  the  records  of  the  Department,  and  who  would  be  entitled  only 
to  one  hundred  acres  of  land  if  he  should  snecessfidly  establish  his 
claim.  It  seeined  lo  him,  therefore,  to  be  better  to  allow  the 
clause  in  the  bill  to  remain.  It  was  inserted  in  former  laws  on 
the  subject,  and  he  did  not  see  any  necessity  lo  strike  it  out  in  the 
bill  now  before  the  Senate.  He  added,  that  he  deemed  it  proper 
to  make  this  explanation  without  havinu  any  very  decided  feeling 
one  way  or  the  other  with  regard  to  the  amendment. 

Mr.  RUSK  said  that  the  only  ohjeet  he  had  in  view  in  offering 
the  ;imendinent  was  to  obviate  the  objections  raised  the  other  day 
against  the  bill;  that  it  might  open  the  door  to  the  claims  of  revo- 
Uitionary soldiers.  He  did  not  know  whether  there  were  any  such 
claims  in  existence.  This  was  siinplv  a  renewal  of  the  law  which 
expired  in  July  last.  However,  he  presumed  that  there  would  be 
no  dillicnlty  after  the  explanation  of  the  gentleman  who  had  re- 
ported the  bill,  and  therefore,  he  would  not  press  the   amendment 

Mr,  PHELPS  had  designed  to  ofler  the  same  amendment  which 
hail  been  submitted  by  the"  Senator__from  Texas,  and  he  hoped  that 
it  would  not  be  withdrawn.  If  there  were  no  revolutionary  claims, 
as  had  been  slated,  he  did  not  see  the  necessity  for  retaining  the 
clause  in  the  bill  which  the  amendment  proposed  to  strike  out.  It 
was  useless,  and  therefore  on  the  very  supposition  that  there  was 
no  case  to  be  provided  for,  the  clause  was  cleaely  unnecessary.— 
But  the  bill,  as  he  understood  it,  admitted  of  a  eonslruclion  which 
would  ;illow  a  vast  amounl  of  those  claims  for  land  bounties,  hith- 
erto the  subject  of  so  much  discussion  in  both  branches  of  Con- 
gress. His  objection  lo  the  bill  was,  that  it  admitted  of  a  con- 
.struction  which  would  again  open  the  door  for  all  the  Virginia 
claims.  To  tivoid  that  construction,  which  it  seemed  was  not  con- 
templated by  the  gentleman  who  reported  it,  he  would  desire  to 
see  the  aineudiuent  made. 

Mr.  UNDERWOOD  hoped  that  the  bill  would  be  amended  as 
was  desired;  but  he  assured  the  Senator  from  Vermont  that  if  the 
bill  were  suscciitible  of  the  construction  which  he  had  described, 
former  bills  were  liable  to  the  same  objection.  Each  renewal  of 
the  law  had  been  open  to  the  same  objection.  The  Senator  was 
mistaken  on  the  subject.  The  hill  as  it  stood  only  related  to  the 
bounties  which  if  |M-opo.sed  to  give  to  the  officers  and  soldiers  of 
the  revolutionary  army,  upon  the  continental  establishment,  and 
had  nothing  whatever  to  do  with  the  promise  of  bounties  made  by 
the  leoislaturc  of  Vircriuia.  But  lest  any  difliculty  should  arise 
from  the  retention  of  the  chiiise  to  which  objection  was  made,  he 
lio|icd  that  the  amendmeut  would  be  agreed  to,  so  that  the  bill 
might  at  once  pass,  and  these  nine  hundreu  soldiers  of  the  late  war 
receive  the  bonnlies  to  which  they  were  entitled. 

The  question  was  then  taken  on  the  amendment,  and  it  was 
agreed  lo. 

The  bill  was  then  reported  lo  the  Senate,  and  the  amendment 
was  concurred  in. 

Ordered,  That  it  be  engrossed,  and  read  a  third  time. 
The  said  bill  was  read  a  third  time,  by  unanimous  consent. 
Kestili'cJ,    That  this  hill  pass,  and  that  the  title  thereof  be  a>  aforesaid. 
Ordered,  That   the    Secretary  request    tho  concurrence  of  the 
Hiaise  of  Representatives  in  this  bill. 

APPELLATE    JURISDICTION. 

The  Senate  proceeded  to  consider  the  bill  supplementary  to  the 
act  entitled  'An  act  lo  regulate  the  exercise  of  the  appellate 
jurisdiction  of  tho  supremo  court  ui  certain  cases,  and  tor  other 
purposes;"  which  had  beemeturued  iVoiu  the  Ho^«sof Reptescntu- 

lives  witU  ameiidmeuts, 


February  Ij 


THE  TEN  REGIMENT  BILL, 


195 


Ordered,  That  it  lie  on  the  table^  and  that  tho  amendments  be 
printea. 

ADDITIONAL    EXAMINERS    IN    THE    PATENT    OFFICE. 

The  Senate  proceeded  to  consider,  as  in  ('"nimittec  of  the 
Whole,  the  bill  to  provide  for  additional  examining  clerks  in  the 
Patent  Office,  and  for  additional  fees  in  certain  cases. 

Mr.  LEWIS  moved  to  amend  the  first  section  of  the  bill,  liy 
strikinc  out  all  after  the  enactinf;  clause  tlicrein,  and  inscrlin;,'  the 
following  : 

Tliat  fhpre  shall  lip  njtpniiitpH,  in  tlin  niniinei  |iio\i[lf'l  in  llif?  iPLOnd  spi-linii  nf  III" 
aiM,  eiitlflPfl  "All  Ri-t  to  iironiolp  iIip  |lrf^^lp-^  nf  ii-efnl  art*,  ami  to  rpppal  all  atl..  an. I 
parts  of  acts  herptoforp  mailp  tor  that  jmr[insp."  approvpil  July  Ibiirtli,  pjl'IiIppii  liim 
dred  and  tliirty  si^.  two  princiiial  PTainiiiprs  and  two  assistant  pxaniiiiPrs,  in  addilji^ii 
tothe  numbpr  of  p\aininpr>  now  pmployed  in  tlip  I'atpnt  Dftipe;  anil  that  liprpaf'lpr 
each  of  the  prinriiial  el^aInlnpr^  employpil  in  tlie  I'atpnt  Oflipp  shall  rprpiie  an  annual 
salary  of  twpntv  iivp  hniidrpd  dollars,  .and  each  of  the  a.>-ii3tant  c.vaniineni  an  aiiiial 
salary  of  firieen  huiidrpil  dollari,. 

The  amendment  was  agreed  to. 

The  bill  was  then  reported  to  the  Senate,  iiml  the  amendment 
was  concurred  in. 

Ordered,  That  it  be  engrossed,  and  road  a  third  time. 

The  said  bill  was  read  a  third  time,  by  unanimous  consent. 

/iff  Iff  re/.  That  this  hill  pass,  and  tliat  thp  title  tliprpofhe  "An  ai:t  to  piinide  addi 
tional  e,\aininer?  in  the  Patent  OfTire.  and  for  other  piirposes." 

Ord.rcd,  That  the  Secretary  reipicst  the  cnnciirrcncc  of  the 
House  of  Representatives  in  ihis  bill. 

PRESIDENT    PR*.    TEM. 

The  VICE  PRESIDENT.— It  is  proper  and  respecUul  to  the 
Senate  that  I  shouUl  apprize  them  I  will  be  necessarily  absent  for 
a  few  days,  so  that  Senators  may  be  prepared,  on  entering  the 
Senate  Chamber  to-morrow  morning,  to  elect  a  jtresidini:  officer. 

MESS.\GE    FROM    THE    PRESIDENT. 

The  following  message  was  received  from  the  Presidcnl  of  the 
United  States,  by  Mr.  Walker,  his  Secretary  : 

.^t^.  President:  The  Pr.-sident  of  tltp  I hiited  States  ap]irinp<l  and  sipiipil,  on  the 
;tls1  nttinio.  the  joint  resolution  anthori/.iiip  the  ererliitii.  on  the  piihlir  grounds  in  tlie 
clty  of  W'a-shiiiPton,  of  a  monument  to  tieor;;p  \Vashinj;Ion  ;  and  the  aef  pxeni|itiiip 
ve(,5els  ein|doyeil  by  the  Ameriean  Colonization  J^ocipt\ ,  in  transporting,'  colored  eiiii 
i^rants  Ironi  the  I'liited  .Stales  to  thp  coast  of  A  friia,  from  tlip  pio\  isions  of  the  acts  of 
t!ie-2'-M  February,  and '.id  of  Marcti.  18-17,  repiilatingthecarria^'c  of  passengers  in  niei- 
ciiant  vessels. 

TEN    REGIMENT    BILL. 

The  Senale  resumed  the  consideration  of  the  bill  to  raise,  for  a 
limited  time,  an  additional  military  force. 

Mr.  DOUGLAS. — I  hope  it  will  not  be  inferred  from  the  array  of 
books,  with  which  I  am  surrounded,  that  I  inleml  subjecting  the  Se- 
nate to  the  infliction  of  hearing  them  read.  My  only  object  In  bring- 
ing them  here  is, to  be  enabled  to  respond  at  once  to  incpiiries.  if  aiTy 
shall  be  made,  as  to  the  authority  upon  which  iny  statements  lif 
fact  may  be  predicated.  I  shall  state  no  fact  for  the  accuracy  of 
which  I  have  not  the  most  conclusive  authority  in  the  books  before 
me.  I  regret  that  I  did  not  conclude  to  participate  in  the  discus. 
sion  at  a  period  sufficiently  early,  to  have  enabled  me  to  make  the 
requisite  preparati<jn.  If  1  had  done  so,  I  should  have  been  able  to 
have  compressed  what  I  have  to  .say,  within  a  much  smaller  com- 
pass, and  to  have  said  it  in  a  manner  more  satisfactory  to  myself,  and 
more  intelligible  to  the  Senate.  I  had  supposed  that  the  only 
question  presented  by  the  bill,  was  to  determine  whether  the  addi- 
tional force  provided  for,  was  necessary  for  the  prosecution  of  the 
existing  war,  to  a  speedy  and  honorable  termination.  The  war 
has  been  in  progress  nearly  two  years.  Its  legal  existence  was 
recognized  on  the  I3th  ol  May,  1846,  and  it  existed  in  fact,  prior 
to  that  time,  as  the  ollicial  reports  of  the  battles'  of  Palo  Alio 
and  Resaca  will  show.  The  campaign  of  1846,  resulted  in  a  se- 
ries of  the  most  brilliant  victories  that  ever  adorned  the  arms  of 
any  nation.  States  and  territories  were  overrun  and  subjected, 
equal  in  extent  to  one  half  of  the  Mexican  confederacy.  Califor- 
nia, New  Mexico,  Chihuahua,  Coahuila,  New  Leon,  aiid  Tamaul- 
ipas,  besides  many  important  towns  and  cities,  in  other  States, 
were  reduced  to  our  possession.  The  official  reports  of  these  con- 
quests are  to  be  found  in  the  published  documents  of  last  session. 
The  President  of  the  United  Stales,  in  his  message  at  the  begin- 
ning of  th.at  session,  gave  us  a  succinct  history  of  the  progress  of 
our  arms,  in  these  several  Mexican  provinces,  and  sugaesled  the 
propriety  of  "  providing  lor  the  security  of  these  important  con- 
quests, by  making  an  adequate  appropriation  for  the  purpose  of 
erecting  fortifications,  and  defraying  the  expenses  necessarily  in- 
cident to  the  maintenance  of  our  possession  and  authority  over 
them.''  In  the  same  message,  he  referred  to  the  three  million  ap- 
propriation, which  he  had  asked  for  at  the  previous  session,  and 
renewed  the  recommendation.  Ho  referred  to  the  appropriations 
which  were  made  in  anticipation  of  the  Louisiana  and  Florida 
ireaiies,  as  precedents  in  this  case,  and  adds,  that  "  it  was  in  con- 
templation at  the  time  those  appropriations  were  made,  to  acquire 
Louisiana  from  France,  and  to  purchase  the  Floridas  from  Spain, 
and  that  they  were  intended  to  be  applied  as  a  part  of  the  consid- 


eration, which  might  be  paid  for  those  (erritories."  Upon  this 
exposition  of  the  progress  of  the  war,  and  of  tho  policy  of  the 
government  in  reference  to  it,  tho  President  asked  K)r  more  men 
and  money,  for  the  purpose  of  conducting  a  campaign  into  thp- 
very  heart  of  Mexico — of  reducing  her  capital — and  of  holding  pos- 
ses.sion  of  the  whole  country,  until  she  should  accede  to  such  tcrmsof 
boundary  and  indemnity,  as  we  should  deem  just  and  honora'ble- 
Tlie  men  anrl  money  were  freely  voted,  includinir  the  three  million 
appropriation,  which  was  intended  to  be  applied  in  part  payment — 
the  first  instalment  for  insttmee — for  such  lerritnrv  as  we  miolit 
aciptirc  from  Mexico  in  a  treaty  of  peace,  in  addition  to  what 
should  be  dciuiicd  adequate  remuneration  for  the  expenses  of  the 
w.ir,  and  indemnity  to  our  citizens.  1  shall  excite  no  surprise, 
Ihercfnre,  when  I  s;iy  that  I  was  not  prepared  to  hear  this  un- 
(lunlified  iletmnciatinn  of  the  war  and  of  the  reeomnu'ndations  of 
the  Presitlent  for  its  vigorous  prosecution — especially  from  those 
Senators  who  voted  for  ;ilf  the  war  measures  of  last  ses.sion.  and 
the  proceeding  one.  I  was  not  prcparcti  tn  hear  them  denounce  the 
w'ar  as  unjust,  unnecessary  and  unconstitutional — much  less  as  a 
war  of  (-ontiitest,  of  rapine,  and  robbery.  We  have  heard  these 
denunciations  within  the  last  few  days  piuircd  forth  from  the  lips 
of  Senators  with  a  solemnity  that  would  seem  to  carry  conviction, 
atletist,  to  the  minds  of  those  who  made  them,  that  they  were  well 
merited;  and  what  is  more  astonishing,  we  have  hoard  them 
from  Senators,  who  by  their  votes,  if  not  their  speeches,  have 
su.stained  every  war  measure  which  has  passed  since  hostilities 
first  i-ommenced  by  the  act  of  Mexico.  They  now  contend,  nnl 
only  that  the  war  was  unnecessary  and  unconstitutional,  but  that 
the"  President  of  tho  United  States  is  the  sob;  author  nf  the  iniijuity. 
Do  irentlcmen  suppose  that  they  can  throw  the  responsibility  of 
their  own  acts  upon  the  President  of  the  United  States?  Do  they 
imagine  that  they  can  make  the  people  believe  that  the  Executive 
is  alone  responsible  for  all  the  consequences  that  mtiy  (low  from 
the  faithful  execution  of  the  laws  which  they  enact,  and  under  the 
constitution,  compel  him  to  execute  ?  If  it  be  a  war  of  iniipiity 
and  injustice,  you  arc  the  tran.sgressors  !  If  it  be  a  war  of  rob- 
bery, you  are  the  robbers  !  If  it  be  a  war  against  and  in  violation 
of  the  constitution,  yours  is  the  treason  !  You  voted  for  it  under 
the  solemnity  of  your  oaths.  You  voted  the  men  anil  the  money. 
You  voted  to  recognise  the  legal  and  eonstiliilional  existence  of 
the  war.  You  helped  to  ptiss  the  law,  and  made  it  the  sworn  duty  of 
the  President  to  see  it  faithfully  executed.  It  is  your  war  as 
much  as  his  and  ours  ;  and  you  will  not  be  permitted  to  escape 
your  share  of  its  responsibility,  while  you  participate  in  the  credit 
which  you  claim  from  bavins  given  it  your  support.  I  do  not  in- 
tend to  east  any  unkind  reflections  upon  any  Senator,  but  I  do 
think,  that  I  am  fully  justified  by  the  record  in  the  ob.scrvations 
which  I  have  just  made.  It  would  seem  that  a  great  discovery 
has  recently  been  made — that  the  Congress  of  the  United  States  has 
been  acting  under  an  entire  misapprehension  in  regard  to  the  nature 
and  charatjter  of  this  war.  We  are  now  told  that  the  President  has 
changed  his  ground,  and  now  assigns  causes  and  reasons  totally  dif- 
ferent and  inconsistent  with  those  which  he  gave  at  the  last  and  pre- 
ceeding  sessions — that  the  causes  then  were  :  "that  American  blood 
have  been  shed  upon  Ameriean  soil" — the  reasons  now  given  (or  its 
prosecution,  arc,  "indemnity  for  the  past  and  security  for  the  fu- 
ture." The  Senator  from  Dehawaro  has  made  these  two  extracts 
from  the  President's  messages  the  subject  of  much  mirth  and  wit. 
He  has  told  us  that  indemnity  for  the  past,  means  one-half  of  Mex- 
ico, and  security  for  the  future,  the  other  half.  Convinced  by  this 
wonderful  discovery  that  his  eflicient  support  of  this  war  has  been 
yielded  under  a  fatal  delusion  as  to  its  true  character  and  objects, 
he  feels  constrained,  now  that  he  has  recovered  his  mental  vision, 
to  make  atonement  for  the  past  by  withholding  supplies  in  futufe. 
I  cannot  concede  that  there  has  been  any  change  in  the  line  of 
policy  oriirinally  announced  by  the  Executive  and  supported  by  hi.s 
friends  on  this' subject.  We"  stand  where  we  then  stood.  The 
causes  and  the  objects  of  the  war  remain  unchanged.  They  were 
then,  and  arc  now,  comorised  in  the  two  brief  extracts  which  have 
been  so  frequently  quoted — "American  blood  has  been  shed  upon 
American  soil;"  "Indemnity  for  the  past,  and  .security  for  the  fu- 
ture." 

In  the  President's  message  of  the  11th  of  May,  '46.  in  pursuance 
of  which  the  original  act  recognizing  the  exislanee  of  ;i  state  of 
war  was  passed,  he  referred  to  "the  grievous  wrongs  perpetrated 
by  Mexicans  upon  our  citizens,  throughout  a  long  period  of  years, 
remaining  unredressed" — •"solemn  treaties  plei3ging  her  public 
faith  for  this  redress,  having  been  disregarded" — "our  commerce 
with  Mexico  having  been  almost  annihilated — our  merchants  ha- 
ving been  deterred  from  prosecuting  it  by  the  system  of  outrage 
and  extortion  which  the  Mexican  anthorities  have  pursued  against 
them,  while  their  appeals,  through  their  own  government,  lor  in- 
demnity have  been  made  in  vain." 

These  outrages  upon  our  flag  and  citizens  had  been  so  enormous, 
that  General  Jackson,  during"  his  Presidential  term,  felt  himself 
constrained  to  call  the'attention  of  Congress  to  them  in  a  special 
message,  and  to  express  his  decided  opinion  that  they  were  suffi- 
cient, at  that  time,  to  justify  immediate  war.  They  continued  with 
renewed  insult  and  injury  under  Mr.  Van  Buren's  administration, 
and  he,  too,  expressed  similar  opinions  to  Congress  upon  the  sub- 
ject. The  appropriate  committees  of  both  Houses  of  Congress, 
as  near  as  I  now  recollect,  made  reports  in  which  they  fully  con- 
curred with  the  Executives  in  the  opinions  they  had  expressed  as 
to  the  nature  and  extent  of  the  outrages,  and  the  justice_of  the 
remedy  suggested.  Congress  allowed  their  .sympathy  for  tho 
weakness  and  degradation  of  a  nominal   sister  republic  to  prevail 


196 


TJIE  TEN  TxEGIMENT  BILL. 


[Tu"ESDAV, 


over  their  sense  of  duty  to  the  citizens  and  fla^  of  our  own  coun- 
try. Had  we  acted  with  the  promptness  which  characterizid 
the  British  and  French  ijovcriimcnls  in  cases  precisely  simi- 
lar, we  sliouM  have  1auf;ht  Mexico  a  lesson  lonj;  ago,  which 
■woidd  have  deterred  her  Irom  acts  of  hostilily  "pon  this  coun- 
try, and  saved  us  the  precious  blood  and  treasure  which  have  heen 
so'  freely  poured  out  in  this  war.  The  descent  of  the  French 
fleet  upon  Vera  Cruz,  and  the  capture  of  the  jinnous  Caslle 
of  San  Juan  de  Ulloa  for  some  of  these  very  outrages  comniitlecl 
indiscriminately  upon  French  and  AmeriiMii  citizcas,  are  lamiliar 
to  the  Senate.  We  all  rcuicudier  that  llie  inilcmnity  arid  satislac- 
tion  were  forthcoming  on  the  day  ai)iicanic<l  liy  'he  French  Admi- 
ral. England,  whose  subjects  'had  sudercd  in  conjunclion  with 
those  of  France  and  our  citizens,  made  her  demand,  accompanied 
with  the  notice,  that  if  it  was  not  promptly  responded  to,  her  fleet 
woidd  immediatelv  sail  from  the  Jamaica  station.  'J'he  money  was 
paid,  because  the  demand  was  made  in  a  tnnc  that  Mexico  could 
understand.  America  spoke,  as  one  sister  would  speak  to  another, 
in  a  voice  of  kindness  and  sisterly  afli-'ction,  hut  it  lell  upon  Mexi- 
can ears  as  an  unknown  tongue.  Mexico,  niislakmg  our  m.Tgna- 
niraity  for  pusilanimity.  treated  our  complaints  with  contempt  and 
onr  reinonstr.'inccs  with  defiance. 

The  President  of  the  United  Slates,  in    the  message  to  which   I 
have  referred,  spoke  of  these  things  as  just   ground  of  coniplaint- 
and  indemnity,  but  not  as  the  causes  of  the  existing  war.     For  he 
informed  us  that  the  war  existed  by  the   act    of  Mexico — that  the 
Mexican   army  had   •■invadeil   our   territory,  and  .shed   AmericHii 
blood  upon  American  soil.''     The   preci.se  spot  is   not  stated — but 
the  locality  is  well  known  to  have  been  on  tlie  left  bank  of  the  Rio 
Grande,  opposite,  and  nnt  far  Irom,  Matamoras.     Then  and  there 
the  war  actually  commenced,  the   Mexican   army  making  the   at- 
tack— the  commanding-general  having,  on  the  morning  of  the  same 
day,  given  notice  to  General  Taylor  that  "he  considered  hostilities 
commenced,  and  .should  prosecute  them."     This  was  on   the   24th 
of  April,  184().     The  battle  of  Palo    Alto  was   fought  on  the  Slh, 
and  Kesaca  de  la  Palma  on  the  9th  of  May.     Congress  recognized 
the  existence  of  the  war,  and  placed  at  the  disposal  of  the  Presi- 
dent ten  millions  of  money  and   fifty  thousand  volunteers,  besides 
the  army,  the  navy,  and   the   militia  of  the   United   States,  for  its 
vigorous  prosecution.     The  law  passed  almost  unanimously,  there 
being  only  fourteen   di.sscnting  voices  in  the  Hou.se.  and  two  in  the 
Senate.     If    the   war   is   um-onstitulional   now,  1    siijipose    it    was 
equally  so  then — and  if  it  was  unconstitutional  tlien,  it  must  neces- 
sarily be  so  now,  unless  that  law   legalized  it,  or  (if  1   mav  be  al- 
lowed to  invent  a  more  impressive  term,)  conslitutionalized  it      In 
cither  event.  Congress  sanctioned  it  by  a  vote  almost   uunniinous, 
irrespective  of  party  distinctions;  and   confirmed   it    by  furnishing 
men  and  means  to  an  almost  unlimited   extent.     1   now   submit   it 
to  the  consciences,  as  well  as  the  patriotism,  of  Senators,  who  voted 
for  that  law,  if  they  are'  not  estoped  from  saying  that  the    war  is 
either  unjust,  unnecessary,  or  unconstitutional?     But,  I  will  return 
to  the  recently  made  discovery,  that  the  President  has  changed  his 
grounds  in  regard   to  the  eausi\s  of  the   war,  and  the  objects  for 
prosecuting  it.     I  have  shown   that  the   causes  which   produced  it 
remain  unchanged,  and  that  the  President  set  forth   ilic   insults  to 
our  flag,  and  the  injuries  to  our  commerce  and  citizens,  as  grievances 
to  be  redressed,  in  the  message  to  which   the   act  of  the   13th  of 
May,  1846,  was  a  patriotic  response.     I  now  wish  to  invite  the  at- 
tention of  the  Senate — especially  those  Senators  who  have  hitherto 
supported  the  war,  and  now  oppose  it    upon  Ihe^round   that  the 
President   has   recently  shifted  positions    by  .selling  up  a  ilaim   lor 
imlemnity — to  the  following  exlr.'iets  Irom  a  document  \\iiicli    was 
s('iit  to  General  Taylor,  Iriuii    the  War  Departmi'iit,  on  I  he  4lli  of 
.lune,  lH4t>,  and  by  him  promulgated  lo  the    Mexican  pcnjilc  : 

"A  Proclamation  by  the  General  ceniiii.iiMlm^j  ilic  Aimy  of  the 
'United  States  of  America,  to  the  people  of  Mexico: 

"  Al'tfi  iiKinv  yt-ai^iOt'  [latient  einiiii:irii'(\  llic  ITiiilerl  Statci  aicnt  Iciifrtll  cniislrahled 
to  a.-kliowI*?ii^p  lliat  ;i  war  now  eNi>t.s  litlwrt-ii  ovir  ;;ovi  riiiiii.iil  and  llip  j.-o\(.rnnii.nI 
ol'  Mpxiro.  Vol  many  yais  oni  (ili/tns  liave  Ijcrn  snli|r<.|pil  lo  irjirah-il  in.iill,..  ami 
injurips.oni  vevsels  and  i-rn^'o  s  liavf  lir.  n  sci/,id  ami  i  oniiMali'd.  (oir  nnrrliant^  liaw, 
Itvfn  |i!undered,  maiincil.  iin]jii.ont..d  u  itiioni  cansi' and  uillioni  ii-jiaraTion.    Atlcn"lli 

your  {.nivpuinicnt  acknowled^rd  tlf  jn^li I  oin  (.lann..  ainl  ;i:,'ni..d  liy  In  aty  to  nial.p 

salitifaptiou.  l>>  i)ayni<  in  olsc\,-ial  nidlnni  <d  "dolL-u^  ;  Inn  llo^  Ircaly  lia>  ln-i  n  vtol.dcd 
l)y  youi  rulers,  and  liif  stiimlatrd  |.a\  mini' liavi-  l>n  n  tnlliliild.  Dor  lali-i-lloil  to  Icr- 
ininale  ail  ditiitultit..^  Ijv  iiearpfnl  ni'^jolnninn  I, a..  ln..n  n'lri.lcd  liy  tiir  dirtalor  Pardis, 
iinti  our  ministor  ol*  poaCL-.  wl.om  \nnr  lnlL.l^  li.ul  -.i^wrti  to  nccivc.  IniN  Ix-cii  lel'nsrd  a 
liratiiic. 

This  is  the  first  stalemeni  wliiili  ma  Gineiiiiiii  ni  e\er  iiiadc  lo 
Mexico,  of  the  purpuses  fin-  which  the  y\ni-shc  here  maile  upon 
IIS — was  to  be  prosecuted  on  our  |nirl. 

Lot  me  read  another  extract  Irom,  the  .same  document— it  i,  a 
choice  morsel: 

"  We  oome  to  obtain  lepaialion  for  it'iicatrd  wionss  .-uid  injuries :  wt-  romp  lo  oh- 
tain  initfmulti/  for  thcimst  oitdsfrvrity  J'vr  t/if  Jutiirr." 

The  identical  worils  which  have  frightened  ihc  Senalcir  fiem 
Delawiire  I'rnni  his  preprieiy,  if  not  his  duly,  :ind  wliii-h.  wlien 
found  in  the  President's  laie  message,  Inive  coinciied  Ihc  Senator 
from  a  firm  friend  to  tin  irreeonsilile  oppoiienl  of  ilie  war,  upon  ilic 
ground  that  they  furnish  evidence  of  a  change  nf  jnilicy  on  the  ptirt 
of  the  Executive!  If  indemnity  for  the  past  mciins  one-half  of 
Mexico,  and  security  for  the  futiii-e  the  other  half,  why  did  not  the 
Senator  then  see  as  clearly  as  he  now  sees,  that  it  w.'is  the  object 
of  General  Taylor  as  well  as  ihr'  President,  to  conquer  and  iiold 
the  whole  of  Mexico?  AVhy  did  he  not  then,  as  well  as  now,  de- 
nounce the  war  as  a  stupendous  scheme  of  rapine  aiul  robbery? 


Again,  sir,  it  will  be  remembered,  as  I  have  already  remarked, 
that  the  ollieial  reports,  containing  the  detailed  history  of  our  con- 
ipicsts  in  California,  New  Mexico,  Coahuda,  New  Leon,  Ta- 
maulipas  and  Toba.sco,  were  before  us  at  the  last  session  of  Con- 
gress. We  also  had  before  us  at  the  same  time  the  voluminous 
eorresponilence  between  the  Departments  of  War  and  Navy,  and 
our  generals  and  cominodoies,  commanding  our  armies  and  navies 
in  Mexico,  and  upon  her  coast.  The  Senator  from  North  Caro- 
lina, who  favored  the  Senate  with  his  views  a  few  days  ago, 
i| noted  largely  from  that  correspondence,  as  published  in  the  ao- 
cuments  of  the  last  Congress,  to  show  that  the  President  de- 
signed fr.im  the  beginning  to  conquer  and  hold  a  large  portion  of 
the  territory  of  Mexico.  He  felicitated  himself  that  he  had  es- 
tablished this  position  beyond  all  controversy,  by  extracts  from  the 
instructions  of  the  Navy  Department  to  Conunodores  Connor, 
Sloat  and  Stockton,  and  from  the  War  Department  to  Generals 
Taylor  anil  Kc;iriiv.  Intlccd,  all  the  arguments  upon  which 
Senators  rely  to  prove  that  ibis  is  a  war  of  conquest  and  robbery, 
repugnant  to  the  genius,  and  fatal  lo  the  permanence  of  our  insti- 
tutions, are  founded  upon  information  communicated  at  the  last 
session,  and  which  wa.s,  or  ought  to  have  been,  as  familiar  to 
them  then  tis  now.  Besides,  .sir,  the  fact  that  the  President, 
at  the  opening  of  the  last  session,  renewed  his  recommenda- 
tion of  the  three  million  bill,  with  the  distinct  intimation 
that  it  was  intended,  as  the  first  instalment,  in  part  pay- 
ment of  whatever  territory  we  might  acquire  from  Mexico  by  a 
Ircatv  of  pcjiee  :ind  limits,  afler  dedueiing  all  claims  for  indemni- 
ty— was  sullicicnt  notice  that  the  Executive  did,  at  that  time,  con- 
lemphile  a  cession  (tf  territory  by  Mexico,  lo  the  value  of  three 
millions  of  lIo11:iis  at  least,  over  ami  above  the  indemnity  for  inju- 
ries to  our  eitizciis,  and  the  expenses  of  the  war.  Thus,  witli  a 
lull  knowledge  of  the  origin  and  history  of  the  war — of  the  extent 
of  our  conquests  and  the  lii^  of  policy  in  reference  to  its  further 
proseeution,  the  w;ir  bills  ol"  the  last  session  were  passed,  making 
liberal  provision  in  men  and  means,  not  only  for  holding  what  we 
had  conquered,  but  for  making  new  conquests  in  the  very  heart  of 
Mexico.  These  bills  received  the  cortlial  and  powerful  support  of 
Senators,  who  now  lell  us  that  we  ought  to  withhold  all  further 
supplies,  because  the  President  has  changed  his  whole  policy  and 
converted  it  into  a  war  of  conquest. 

Sir,  I  do  not  understand  that  it  is,  or  at  any  time  has  been,  a 
war  of  conquest.  In  the  proper  sense  of  that  term,  much  less  a 
war  of  robbery.  It  is  a  war  of  self-defence,  forced  upon  us  by  our 
enemy,  and  prosecuted  on  our  part  in  vindication  of  our  honor 
and  the  integrity  of  our  territory.  The  enemy  invaded  our  territo- 
ry and  we  repelled  the  Invasion,  and  demanded  tatisfaelion  lor  all 
iMir  grievances.  In  order  to  compel  Mexico  to  do  us  justice,  it 
wtis  necessary  to  follow  her  retreating  armies  into  her  territory, 
;iii<l  take  possession  of  State  after  State,  and  hold  them  until  she 
would  yield  lo  our  reasonable  demands  ;  and  inasmuch  as  it  was 
certain  that  she  was  unable  to  make  indemdily  in  money,  we  must 
necessarily  take  it  in  land.  Conquest  was  not  the  motive  for  the 
prosecution  of  the  war — .sallsfaclimi,  indemnity,  security  was  the 
motive — coiKiuest  and  territory  the  means. 

Mr.  President,  I  cannot  dwell  longer  on  the  iDconsisiencies  in 
which  geiillemen  on  the  opposite  side  involve  themselves.  I  have 
already  dwelt  loo  Imig  on  these  preliminary  questions.  I  must 
yirocccd  at  once  lo  the  main  poml  ol  ray  argument.  I  propose  to 
examine  the  question,  whether,  on  the  24lh  of  May,  1846  Ameri- 
can blood  was  shed  on  American  soil,  by  the  Mexican  army.  That 
the  Mexican  forces  crossed  the  Kio  Grande  on  that  day — altack- 
cil  and  killed  Ameriean  soldiers  stationed  on  the  left  bank,  is  con- 
ceded. But  I'  is  denlcil  lli;it  the  left  bank  of  that  river  was  Ame- 
rican soil,  or  in  oilier  worils,  that  the  Rio  Grande  was  the  boun- 
ihiiy  line  lictween  Mexico  ;ind  the  United  States,  after  the  admis- 
sion of  Texas  into  the  Union.  It  is  my  present  purpose  to  csta- 
lillsb  the  afiirmativc  of  this  proposition. 

1  will  |ireniise,  that,  in  my  judgment,  a  radical  error  has  gene- 
rally obl:tincd  in  rcgaril  lo  ihe  cliaracler  of  the  revolution  which 
resulted  in  the  cstabllshnicnt  of  the  Republic  of  Texas.  Il  seems 
to  have  been  iiencrally  supjioscd  that  Texas  rebelled  against  the 
const itutional'  authorities  oi  Mexico,  and,  by  means  of  a  success- 
ful rcvidiiliiui,  esfablished  her  indepenilence.  No  such  thing. 
Texas  never  rebelled — never  revolted.  '  Precisely  the  reverse  was 
the  fact.  A  lew  military  leaders,  with  Santa.  Atuui  at  their  head, 
conspireil  and  rebelh  d  against  tlie  Kepublic of  Mexico — seized  the 
rel;;ns  of  governiueiit — abolished  the  Federal  Constilulion  and  Ihc 
Sl:ite  goverumeiils — .iinil  esl;ilillsheil  a  mililiiry  despotism  In  their 
stead.  That  rebellion,  which  ccanmenced  in  the  cily  of  Mexico, 
assiuiicd  the  dignily  of  a  successful  revolution,  and  by  the  aid  ol 
the  army  cxtcniled  its  power  from  state  to  state,  until  it  had  re- 
iluced  to  subjei'lion,  all  that  portion  of  the  Republic  of  Mexico 
which  lies  to  the  south  and  west  of  the  Rio  Gianilc.  'J'liat  the 
peo]ile  on  this  side  of  the  Rio  Grande  took  up  arms  in  defence  of 
the  const  it  111  lonal  government  of  t  he  Republic  olMexico — slate  and 
federal — maintiiltieil  their  authority,  and  limited  and  confined  tho 
jiower  of  the  revcdiitionary  government  to  the  ri^ht  bank  ol  that 
river.  To  show  that  1  am  cletirly  right  in  this  position,  it  will  be 
ueeessary  lor  me  to  refer  somewhat  in  detail  lo  the  most  promi- 
nent facts  coimectcd  with  the  history  of  Texas,  as  well  as  the  re- 
volution  which  lead  to  the  establishment  of  that  republic.  From 
the  dale  of  the  Louisiana  treaty  In  1803,  to  that  of  the  Florida 
treaty  in  ISI9,  this  go^'crnnient  uniformly  claimed  the  Rio  Grande 
as  the  western  boundary  of  the  Uiilled  States.  In  1S05,  Messrs. 
Monroe  ami  Pinckney  declared  lo  the  Spanish  Minister,  that  tho 
United  Stales  considered  their  title  lo  the  Rio  Grande  as  complete. 


Februaky  1.] 


THE  TE^  REGIMENT  BILL. 


197 


under  the  Louisiana  treaty,  as  to  the  island  of  New  Orleans.  As 
late  as  1818,  Mr.  Adams,  Secretary  of  Slate,  under  Mr.  Monroe, 
after  carefully  reviewinjr  all  the  evidenecs  of  title,  referring.'  in  de- 
tail to  all  the  niiL^iy  records,  map.s,  and  fjeogrdphies  of  France 
and  Spain,  as  well  as  Eny;land,  ailirmcj  the  proposition  that  our 
title  was  as  good  to  the  Rio  Grande,  as  to  the  islanil  of  New  Or- 
leans. In  the  meanlimo,  and  before  tlic  cession  of  the  country  be- 
tween the  Sahine  and  the  Kio  Grande  to  Spain  by  the  Florida 
tre.^^y,  many  American  citizens  had  emigrated  to  that  territory, 
in  the  lull  conlidence  that  the  irovernment  of  tlic  United  States  in- 
tended to  maintain  ils  claim  lo  the  eouJilry,  and  that  they  woidd 
be  proteolod  in  the  enjoyinen!.  of  their  riiflits  as  American  citi- 
zens. When  lliey  fonnil  themselves  alinndoned  by  their  own  go- 
vernment, and  by  a  treaty  slipnlalion  eonverled  into  the  degraded 
subjects  of  a  foreign  Prince,  they  instantly  raised  the  standard  of 
rebellion,  protested  against  the  ratification  of  the  treaty,  and  pro- 
claimed their  firm  resolve,  in  case  it  should  be  raliiieil,  to  I'rec 
themselves  by  force  of  arms  from  Spanisli  dominion.  The  treaty 
was  finally  ratified  m  1821,  and  the  same  year  these  Ameri- 
cans in  Texas  joined  Ihe  Mexicans  in  a  revolt,  the  object  of 
which  was  to  throw  off  the  Spanish  yoke  and  establish  for  them- 
selves a  republican  government  similar  to  our  own.  The 
revolution  was  successful,  and  on  the  4tli  day  of  October. 
1824,  the  federal  constitution  of  the  icpuliHc  of  Me.\ico  was 
adopted-  During  the  revidulion  a  prtivisional  government  had  been 
established  for  the  purpose  of  atl'ording  protection  to  the  inhabi- 
tants, and  giving  energy  and  proper  airection  to  their  patri- 
otic elli-irts  in  behalf  of  freedom.  By  an  act  of  this  provisional 
government  Te.\as,  with  her  own  consent,  had  been  temporarily 
united  with  the  province  of  Coahuila,  with  this  limitation,  ''  until 
Texas  pos.sesses  the  necessary  elemenls  to  prove  a  separale  slate 
of  herself  "  '  In  1820,  after  the  Florida  Irealy  had  lieeu  signed,  and 
before  the  revolution  broke  out,  Woscs  Au>tin  had  [n'ocured  from 
the  Spanish  authorities  a  grant  of  land  upon  which  he  was  author- 
ized" to  locate  a  colony  of  emigrants,  lie  having  died  before  the 
conditions  of  the  grant  could  be  complied  wilh,  his  .son  Stephen  F. 
Austin,  procured  its  renewal  and  eonlirniation  by  the  revolutionary 
authorities  the  next  year,  and  proceeded  to  establish  his  colony 
under  the  protection  of  the  provisional  government.  1  have  called 
the  attention  of  the  Senate  to  these  facts,  for  the  purpose  of  show- 
ing that  the  early  American  settlers  in  Texas  were  not  a  lawless 
band  of  intruders,  who  had  forced  their  way  into  the  country,  in 
defiance  of  the  laws  and  constitutional  authorities.  With  the  same 
view  I  will  read  the  first  section  of  the  colonization  law  of  the 
State  of  Coahuila  and  Texas,  passed  March  24th,  lS2i5 ; 

'■  All  foreigners,  who.  in  viitue  of  tlie  general  law  of  the  i3(h  August,  Is'^-l,  wliiuh" 
guaranties  lire  secnrily  of  Iheir  iier^on  and  properly,  in  Ihe  teriitoryol  the  3\Iexican  na-' 
tion,  wish  to  lemove  to  theseltleiiieiiK  of  tlie  Sl,ite  of  t'oliuila  au:t  Texas,  a:e  at  litfcrty 
to  do  to  ;  and  the  said  State  inoiUv  and  cails  lliein." 

Yes,  sir,  the  State  of  Coahuila  and  Texas,  in  pursuance  of  the  cC 
onization  law  of  the  federal  government,  ''invites"  and  "calls 
foreigners  to  corne  and  settle  within  its  limits  She  went  further, 
and  ollcrefl  large  tracts  of  land  as  inilur-cmenls  to  come,  and  con- 
ferred all  the  rights  and  privileges  of  citizenship  upon  every  emi- 
grant who  might  respond  to  the  coll.  On  the.  11th  day  of  March, 
1827,  the  constitution  of  the  State  of  Coahuila  and  Texas  was  adopt- 
ed. It  hail  iieen  fornicrl,  in  conlormily  \\ith  tlie  federal  constitu- 
tion, and  in  pursuaneeof  an  act  of  the  federal  Congress.  Thisslate 
coTislitiilion,  and  the  constilution  of  the  repubjic,  may  be  consider- 
ed as  the  articles  of  compacl — the  bond  of  union — between  the 
State  and  thaconlederalion.  They  contain  the  terms  and  ihc  con- 
ditions upim  which  the  State  of  Coahuila  .and  Texas  constituted  a 
member  of  the  confederacy.  I  have  these  two  instruments  before 
me,  nnd  will  invite  the  attention  of  the  Senate  to  the  first  five  arti- 
cles of  I  ho  constitution  of  the  State  of  Coahuila  and  Texas  ; 

.\ii.  1.     Tlie  Slate  of  Coahuila  and  Tex^s  is  the  union  of  all  the  CoahuiiUianos. 

.\!t.  ■_*.  It  is  free,  and  mdrpatdcnt  of  the  other  Mcxicatt  States,  and  of  every  other 
power  an<l  dominion  whatsoever. 

Art.  3.  The  soveieignty  of  the  State  resides  oritrinallij  and  essentially  iv  the  sev- 
eral mass  of  the  individuals  rrho  aimpusc  it,  but  Ihey  shall  not,  of  thetnselvi-s,  exer- 
cise any  olliei  acLs  of  sovereignly  than  those  pointed  out  in  this  constitution,  and  in  the 
fo'in  which  it  inoviitcs. 

Art.  4.  In  all  suhjecls  relating  to  the  Mexican  confederacy  the  State  dctczatrs  its 
powers  and  rights  to  the  s»  neral  eongtess  of  the  same,  hut  in  all  I  hat  belongs  to  Ihe  in- 
ternal govenirnciit  andadiniuislration  ofsaid  Stale,  it  retains  ils  liherty,  independence 
and  toverei^jnlv. 

Ait.  ,'>.  Wherefore,  the  right  of  establishing  it.s  fundamental  laws  through  the  me- 
dium of  its  reiiresentativcs,  in  conformity  lo  the  h;isis  establisheil  in  the  coiistilutive  act 
and  general  conslilulion,  belongs  exclusively  to  the  said  Stale. 

These  were  the  conditions  upon  which  the  Texans  became  citi- 
zens of  the  Mexican  confederacy,  and  were  the  terms  alone  upon 
which  they  could  bo  required  or  expected  to  continue  such.  Tlicy 
had  been  invited  and  called  there,  through  the  colonization  laws, 
with  the  guaranty  that  they  should  bo  protected  in  the  cnjoy- 
ineiit  of  all  their  rights  as  citizens,  agreeably  to  the  forms  of  thc^ 
constitution.  They  were  "free  and  independent  of  the  other 
Mexican  United  Stales,  and  of  every  other  power  and  dominion 
whatsoever."  They  continued  true  and  law-abiding  citizens — 
faithful  to  the  Constitution  of  the  State  and  the  Confederation  un- 
til their  seat  of  government  was  invaded  about  the  1st  of  June, 
1835,  by  a  revolutionary  army  from  the  cily  of  Mexico — a  portion 
of  the  members  of  the  legislature,  which  was  tiien  in  session,  cap- 
tured and  imprisond,  and  the  rest  compelled  to  save  their  lives  by 
flight  and  seek  a  place  of  refuge  on  this  side  of  the  Rio  Grande. 
The  inhabitants  between  that  river  and  the  Sahine  instantly  took 
up  arins  in  defence  of  their  liberties  and  republican  institutions; 


and  for  the  purpose  of  checking  the  progress  of  the  invading  revo- 
lutionary army.  For  the  purpose  of  cotTcentrating  their  forces  and 
giving  energy  and  a  proper  direction  to  their  patriotic  efforts,  they 
assembled  in  Convention  on  the  3d  of  November,  1835,  and  after 
making  a  •'solemn  declaration"  of  the  causes  which  had  compelled 
them  to  take  up  arms,  proceeded  to  organize  a  provisional  govern- 
ment. I  will  read  the  first  and  the  concluding  paragraphs  of 
this  declaration  : 

Dcelaratioa  of  tite  People  of  Teras,  in  Qrnernl  Convention  a..i,^rnifiled. 

"  WheifUv,  rJeiicral  Anloiiio  Lopez  ile  Santa  -Anna,  and  other  military  chieftains, 
have,  by  force  of  arm,,  overlhtowii  Ihe  Federal  Inslitutlous  of  Mexico,  and  dissotveij 
Ihcsoeial  compact  which  existed  between  Texas  and  Ihe  other  members  of  the  Mex 
icau  ('onfcdeiaey;  now,  the  good  people  of  Texas,  availing  Ihemselve  of  Iheir  natural 
rights, 

••  SOLKMNLY  DECLARE, 

■  Isl.  That  thev  have  taken  up  arms  in  defence  of  their  rights  nnd  liberties,  which 
are  threatened  by  the  encroaehnieul.^  of  militarji  ilrspots,  and  in  defence  of  the  repnb- 
lieun  principles  of  the  Federal  t^onslitntion  of  Jllcjtico. 

"  These  Declarations  we  soh'iniily  avow  lo  the  world,  and  call  God  lo  witness  their 
truth  and  siuccrily,  and  invoke  defeat  and  di.sgiace  upon  our  heads,  sliouhl  we  piovc 
guilty  of  dn|ilieily." 

Now,  sir,  I  propose  lo  invito  the  altentiou  of  the  Senate  lo  the 
state  of  things  then  existing  in  the  city  of  Mexico,  and  lo  trace  the 
cau.scs  which  had  rendered  it  necessarv  lor  the  Texans  lo  take  up 
arms  in  defence  of  the  conslilulion  and  liberties  of  the  republic  of 
Mexico,  which  were  in  danger  of  being  overthrown  by  military 
despots.  In  IKIM,  Santa  Anna,  who  had  been  elcvateil  to  the  Pre- 
sidency by  llic  mililary  |iower  (deposing  Hiistainente,  the  acting 
President,  who  had  become  very  obnoxious  to  the  people,)  and  had 
subse(|Uontly  been  confirmed  in  his  scat  by  a  popular  election,  pro- 
ceeded lo  cxeciilc  lite  design  he  had  formed  of  stibvcrting  the  eon- 
slilHlional  government  of  Mexico  and  of  establishing  a  military 
despotism  in  its  place.  In  May  of  that  year  he  ilissoivcd  ihe  con- 
stitiilional  Congress  by  a  militarv  order,  and  at  the  same  time  by  a 
similar  order  abolished  the  ''council  of  government."  This  coun- 
cil was  composed  of  one  Senator  from  each  Stale,  and  was  re- 
tpiired,  bv  the  Constilution,  to  remain  in  session  during  the  recess 
of  Congress — lo  act  as  the  advisers  of  the  President  of  the  Repiih- 
lio,  ami  "to  see  that  the  Constitution  is  strictly  observed."  The 
council  of  government  was  invested  with  various  other  powers 
and  duties,  which  will  he  fmind  in  the  filth  section  of  the  Constitu- 
tion of  1824,  which  I  hold  in  my  hand,  and  would  invite  the  atten- 
tion of  Senators  to  113th  and  llGlh  articles,  but  will  not  take  the 
time  to  read  them.' 

I  will  here  read  a  short  extract  from  Mrs.  HoUey's  Texas,  to 
show  how  these  changes  in  the  government  were  effected,  and  a 
now  congress  assembled  ; 

"  The  constilulional  general  Congress  of  IP,H.  which  was  decidedly  republican  and 
federal,  was  dissolved  in  May  of  that  veaf  by  a  military  order  of  Ihe  Presipent  lielpre 
its  constitutional  term  had  expireil.  The  council  ol'  government  of  half  the  Senate 
which,  a;;rc'eahly  to  the  conslitulton,  ought  to  have  been  inslrdled  the  day  aflei  closing 
the  session  of  Congress,  was  also  dissolved  ;  and  e  new  revolutionary  and  unconstiln- 
tional  Congiess  was  convened  by  another  iniiilary  order  of  the  President.  This  Con- 
giess  met  on  the  Isl  of  January,  l83o." 

One  of  the  first  acts,  if  not  the  very  first,  of  the  new  congress, 
was  to  depose  the  constitutional  vice  president,  Gomez  Farias,  and 
to  substitute  in  his  place  General  Barragan.  one  of  Santa  Anna's 
co-conspirators.  The  next  act  of  this  revolutionary  ougrcss,  is 
thus  staled  by  Mrs,  HoUey  : 

"  By  annlhcr  deciee  it  united  the  Spnal"  wrlh  the  House  of  n"piesent;tlives  ni  one 
chamber,  ami,  llius  constituted,  st  deelareil  itself  invested  with  full  powers  as  a  nation 
id  convention.  In  accordance  with  these  usurped  powers,  it  proceeded  to  anno/  the 
fedejal  constitution  and  system,  and  to  establish  a  central  oi  consolidated  govein- 
mcnl." 

I  also  hold  in  my  hand  another  work — "a  history  of  .South  Ame- 
rica and  Mexico,"  by  a  distinguished  member  of  this  body,  in 
which  the  facts  of  this  revolution  are  recorded  wilh  great  clear- 
ness and  precision.    I  read  from  Niles'  History  of  Mexico: 

"Fronuneinrncnlo;  were  again  resorted  to;  these  were  now  made  to  favor  centialism. 
and  on  Ibesliciigth  of  these  lesolnlions  of  town  meetings,  manufactured  by  order  of 
the  bishops  m  each  diocese,  Congress  proceeded  lo  atolish  the  constitutum  of  lf*-*4. 

.VROLlPiriSG  .\T  THt  SA.S1I;  TI.Mt  .VLL  THL  ST.VTK  t  ONSTITVTIOSS  .\ND  ST.^TE  AC- 
TnOBITIES." 

I  will  read  another  paragraph  to  show  the  precautions,  which 
were  taken  by  the  usurpers,  to  coerce  the  acquiescence  of  the  peo- 
ple in  the  mililary  despotism  which  they  were  about  ;o  establish 
on  the  ruins  of  the  republican  system: 

*  SEcTio.vStb. —  Of  the  Council  of  Qavernmcnt. 

I  K(.  Duiiucr  the  lecess  of  Congress  there  shall  be  council  of  Government,  composed 
of  one  half  of  the  members  of  the  Senate,  one  for  each  State. 

llfi.  The  attributions  of  this  council  are  Ihe  following  : — Finl,  to  see  that  Ihe  Con- 
stitution IS  strictly  uh.civcd,  and  the  constilulional  ad.  and  gcnerel  laws,  and  lo  gise 
Ihcii  advice  in  any  incident  relative  lo  these  objects.  Second,  to  lay  before  the  Presi- 
dcul  anv  ohseivations  conducive  for  the  belter  compliance  of  the  Conslilulion  and 
laws  of  the  Union.  Thini,  to  determine  of  themselves  only,  Ihe  advice  of  Ihe  Presi- 
dent, the  calling  of  extraordinary  serrioiisof  Congress,  but  iii  eilher,  it  shal/  reqniiethe 
vote  of  two  Ibiiils  ol  the  counsellors  present,  as  slaleein  altribulions  17  and  I-^.  of  .\i- 
ticle  110.  Fourth,  to  grant  iheir  consent  to  the  eallrng  out  oflbe  local  inililia,  in  the 
manner  started  in  Article  110,  attribution  1].  Fifth,  to  approve  the  appointment  of 
officers  designated,  in  attribution  6,  Article  110.  Sixth,  to  give  their  consent  in  the 
ca.se  refeii-ed  loin  Article  U'i,  restriction  first.  Scfenth.  to  name  two  miiividuals  who 
-hall,  iu  eoii.iuuctioii  w  itii  tire  Chief  .In  slice  of  the  .Supreme  Court,  prow.ionally  exei- 
cise  rhe  Supreme  executive  power,  as  prcsctibait  in  .\ilicle  97.  laghth,  to  administer 
Ihe  oath  stated  in  Article  101,  to  those  iddividnals  of  the  , Supreme  executive  Power, 
in  thetenns  provided  in  thisConstilnlion.  \inlh,  logive  their  opinion  on  suhjecls  re- 
ferred 10  them  by  the  President,  by  virtue  of  the  -Ist  lacully  of  Article  110,  and  all  bu- 
sine't  wherein  he  may  consult  them. 


198 


THE  TEN  REGIMENT  BILL. 


[Tuesday, 


'■Symptom?  of  opposition  having  lieen  exhibited  in  somi^  of"  the  stales  a;^;iinst  this 
act  of  t'oiifjre^s.  levelling  the  whole  struetute  of  Ilteit  >tate  goverinnenls.  and  m  I.T  ' 
annihilating  the  veiv  name  of  slate,  provision  "as  made  hy  Concress  for  a  la'^'r  In- 
crease of  the  standing  army,  and  a  <-onsiderahle  forr;e  was  ordered  to  he  permanenlly 
(Miartered  III  earh  state,  oniler  the  command  of  the  new  Governors  now  to  he  appoint 
ed  hy  the  President." 

The  ilccree  for  the  cstaJilLshmeiit  of  the  new  •jovoinment,  bears 
date  the  3d  of  October.  '35,  and  is  "lormed  tipon  the  pbm  ol  1  <>- 
Itica  for  its  basi.s."  I  have  no  less  than  three  other  hislonos  belorc 
me,  in  which  the  same  transactions  are  recorded,  an.i  all  aL'iee 
on  every  material  point— I  will  reatl  from  them,  il  any  Sena, 
tor  shall  ilesiro  it.  The  presence  of  the  mihlaiy  kept  tlie  peo- 
pie  in  sttbiection.  and  the  revolution  was  complete  so  lar  as  the 
rapilal  was  concerned,  lis  power  e.xlendod  in  every  direction 
State  afler  State  siibmillcd.  iin.-.,mliionally,  belore  the  marci.  ol 
the  revolntinnarv  army,  until  it  took  up  its  position  on  the  borders 
of  Zacetecas.  Here,  for  the  first  time,  it  met  willi  lormidable 
opposition.  Alvarez,  the  republican  governor  of  that  Stale,  had 
raised  an  army  of  live  thousand  men.  and  aw.-iitcd  the  approach 
of  the  revobilionists.  for  ihe  piupr.sc  ol  dccidm-  the  laic  ol  t he 
republic— its  .-onstilulion  and  liberties— by  the  waper  dl  l.altb. 
Santa  Anna,  who  cominanrlcd  his  troops  in  person  knew  loo  w;cll 
the  character  of  these  .stern  republicans  to  hazard  Ins  lile  aii.l  „r- 
t lines  npon  the  issue  of  an  ensaijcment  with  them  They  ha. 
fou'vht  with  him  and  nnd  under  linn  in  achievini;  the  liberties  o( 
ihe'counuv— thcv  had  brcu  his  main  reliance  in  many  a  hard  loti^.hl 
bitlle  in  resisting'  the  eiurroachmenls  ol  despotism— they  had  been 
iiistrimiental  in  his  elnvalion  to  the  Presidency  under  the  convic- 
tion thai  he,  who  liad  contributed  so  much  to  achieve,  would  ex- 
ert himself  io  preserve  their  liberties.  He  feared,  as  well  he 
rai"ht,  a  trial  of  strength  with  such  men  in  such  a  cause.  In  this' 
einerccncy  he  resorted  to  his  usual  recourse — stratagem.  Several 
of  his"  most  reliable  officers  in  the  revolutionary  army  deserteil 
iheir  posts,  eflecled  their  escape,  and  joined  the  patriots  with  the 
avowed  purpose  of  lishtin>;  in  defence  of  the  constitution.  They 
tendered  llieir'services  to  command  the  patriot  army,  and  unfor- 
tunately the  offer  was  accepted.  They  marched  the  Zacetecans 
out  to  meet  ihe  enemy,  and  placed  them  in  a  position  where  Santa 
Anna  suriounilcd  and  murdered  more  I  ban  one-half  of  ihem  bcfnrn 
the  rest  were  aware  of  the  treachery  of  their  oirieeis.  The  slaujrh- 
ter  was  indiscriminate,  and  continued  for  two  entire  days.  Il  was 
not  eonfii.ed  to  those  who  liore  arms.  The  streets  of  the  cily  of 
Zacetecas  were  delupjed  in  blood.  The  unolfondin^  citizeas  .shar- 
ed Ihe  fate  of  those  who  had  engap^d  in  battle.  Even  foreigners, 
who  hail  taken  no  part  in  the  contest,  were  not  permitted  to  escape 
the  general  massacre. 

Those  who  survived,  now  submitted  unconditionally  to  the  pow- 
er of  the  usurper,  and  no  birthcr  resistence  ensued.  The  revolu- 
tionary army  now  turned  ils  course  towanis  Monelova ,  the  scat  of 
government  lor  the  State  of  Coahuila  and  Texas,  for  the  purpose  of 
chastising  the  Coahiiiltexanos  for  their  obstinacy  in  adhering  to 
the  rcpiiidicaii  constitution:  The  legislature  of  that  Stale  had  so- 
lemnly protested  against  those  revolutionary  movements,  and  an- 
nounced its  determination  to  sustain  and  enforce  the  constitution 
and  form  of  government,  which  all  were  sworn  to  support.  For 
this  offence  General  Cos,  the  brother-in-law  of  Santa  Anna,  ilis- 
persed  the  legislature  hy  military  force,  captured  and  imprisoned 
a  portion  of  the  members,  while  the  others  only  saved  themselves 
by  fleeing  acro-^sthe  Rio  Grande.  The  Senate  will  pardon  me  U,\ 
reading  a  single  paragraph  on  this  point  from  the  report  ol  Gen. 
Austin^to  the  Texas  Convention,  on  the  30th  of  November  of  that 
year  : 

•■The  con-litvilional  anlliorilirs  of  Ihe  J^liite  of  I'oahnll.T  and  Texas,  solemnlv  pin 
tested  asaiiistthe  elianje  of  t'overnnirnl,  for  winch  act  llicy  were  droen  hy  iniliiaiv 
fOM-e  fiom  office,  and  imprisoned.  The  prn|ile  of  'I'l'Vas  prolest  againsl  il.  .-is  Ihcy  liail 
a  nshl  to  do,  fol  wlucli  Ihey  1ki\  c  l.cen  .lecl.iicl  rel.cis  l.y  llic  pineriinicnl  ill  Me.Mco.  ' 

Prior  to  the  capture  of  Monelova,  and  in  anlicipation  of  such  an 
event,  the  legislature  liad  aulhorized  Governor  \  iesca  to  remove 
the  archives  of  Static  and  convene  the  leprescntalives  of  the  peo- 
ple at  such  point  on  this  side  of  lliq  Rio  Grande  as  he  should  desig- 
nate, General  Cos  pursued  and  captured  the  governor  and  archives, 
together  with  the  gallant  Colonel  Milam,  who  afterwards  led 
so  gloriously  while  storming  San  Antonio,  and  threw  them 
into  prison.'  At  this  period  the  actual  war  commenced  be- 
tween the  republicans  on  this  side  of  the  Rio  Grandi^.  :iiid  the  rev- 
olutionists from  the  other  side.  The  former  lighting  in  defence  of 
their  Stale  and  federal  conslitutions,  and  the  latter  for  their  total 
overthrow.  There  is  no  room  for  controversy  as  to  the  causes  ol 
that  war,  and  the  objects  Io  be  attained  by  the  triiim|di  of  the  one 
p^Mly  or  the  other.  It  was  a  direct  issue  between  conslitulional 
republicanism  and  military  despotism.  The  revolution  had  already 
been  snccessliil  to  the  iiglii  bank  nf  the  Rio  tiiaiide,  and  its  viclo- 
notis  armies  were  now  pri'jtariiig  lor  new  conqiiesls  on  this  side  of 
that  river.  The  republicans  instantly  seized  their  arms  and  at- 
tacked Iho  garrisons,  which  the  usur|ier  httd  taken  tlie  precaution 
IO  station  at  various  points  for  the  purpose  id'  overawing  the  ])eo|ilo 
and  hohling  them  in  sulijeclion  to  the  new  government,  wlrch  he 
was  about  to  establish.  All  their  early  clforls  were  crowned  with 
sneecss.  Victory  perclii'd  npon  I  heir  banners  at  every  point.  Gon- 
zales, Conception,  Goliad,  San  Pulriek,  and  finally  San  Antonio- 
all  surrendered  to  the  republicans  before  Christmas.  While  tliese 
important  movements  were  bein'^  enacted  in  the  field,  the  re- 
publicans had  not  been  unmindful  of  the  necessity  of  establisliin^r  a 
provisional  government,  to  cnmliine  and  cjmsolidate  their  resources 
and  give  force  and  direction  to  their  clforls.  After  the  i-aplnre 
and  imprisonment  of  Governor  Vicsca,  who  had  been  aulhorizud  by 


the  Icsislatnre  to  assemble  the  representatives  of  the  people  at 
siieh  ])oint  as  he  should  designate,  they  were  left  to  select  their 
own  time  and  place  of  meeting.  They  did  assemble  at  San  Philipp 
de  Austin  on  the  3d  day  of  November,  1S35,  and  put  forth  the 
'■solemn  declaration,"  to  ■which  I  have  alreatly  called  the  atten- 
tion of  the  Senate,  and  proceeded  to  form  a  provissional  govern- 
ment. In  that  declaration,  it  should  be  born  in  mind,  they  state 
distinctly  that  they  had  taken  up  arms  in  defence  of  the  republican 
principles  of  the  constitulio.i  of  ]8tJ4,  The  revolutionary  army, 
under  General  Cos.  had  passed  the  Rio  Grande  and  mareiied  upon 
San  Antonio,  and  a  republican  army  was  immediately  organized 
and  sent  to  repel  the  invaders.  I  will  not  -weary  the  Senate  with 
the  details  of  the  movements  on  the  plains  of  San  Antonio.  The 
gallant  conduct  of  the  heroic  Milam,  in  leading  the  storming  party 
into  the  very  heart  of  the  city,  and  his  fall,  just  as  victory  was 
within  his  grasp,  have  comtiiandcd  the  admiration  and  sympalhy 
of  his  countrymen,  The  next  in  command  finished  the  ■work 
which  had  bciui  so  irlorioiisly  commenced,  and  General  Cos  and 
his  entire  army  became  prisoners  of  war  to  the  republicans.  I 
Jiohl  in  my  hand  the  terms  of  ca|)itnlation  entered  into  on  tjie  11th 
of  Dceembcr.  '3.-),  and  invite  the  especial  alteniion  of  Senators  to 
the  articles  which  i  shall  read  : 

■■  (ii/itlntnltun 

■■  f.cli'rctl  mil)  liy  (h'licral  ^Tartiii  I'erfecto  de  Cos,  of  the  I'ermanent  troops,  and  Gen 

er;il  fMsiaid  itiirlc-nii.  of  the  t  'olonial  troo[is  of  Texas. 

■■  1st.  That  (ieneral  Cos  and  Ins  oflicers  retire  with  their  arms  and  private  prO|ieTty, 
inlo  the  interior  of  the  repnhlie,  under  the  parole  of  honor ;  that  they  will  not  in  any 
wav  oppose  the  rc-eslaldi'ilnncnl  of  the  federal  conslitntion  of  IH-i4. 

»  "         *  *  S:  •  •  »  •  s  » 

";td.  That  the  ceneral  lake  the  eonvicls  hrou; 
Jiit}  Grande. 


lit  in  tiy  Col.  rf;attechea,  btyoad  the 


:,,  *  t  l  i  -1  »  . 

"  IJlh.  (Jeneral  liiirlcson  will  furnish  General  Cos  with  such  provisions  as  can  he 
oblained.  necessary  for  Ills  troops  to  \\w.  Hit)  Grtutdc,  at  the  ordiiiary  price  of  the 
countiy." 

Such  was  the  fate  of  the  first  revolutionary  army  that  invaded 
Texas.  Defeated,  captured,  and  dependent  upon  the  generiisity 
of  the  Texans  for  provisions  to  enable  them  to  return  to  their  own 
country.  But  there  are  two  important  points  in  these  articles  of 
capitulation  which  we  should  constantly  bear  in  mind,  while  dis- 
cussing the  boundary  of  ihc  Rio  Grande.  The  first  is,  that  Gen. 
Cos  aiid  his  army  were  released  upon  the  condition  "  that  they 
will  not  in  any  way  oppose  the  re-establishment  of  the  federal  con- 
stitution of  1824;"' and  secondly,  that  they  should  retire  into  the 
interior  of  the  Mexican  republic,  taking  with  them  the  convicts 
''  beyond  the  Rio  Grande,"  being  furnished  with  supplies  by  Gen. 
Biiricston  to  that  river  The  preliminary  Tonditions  were  complied 
with  on  both  .sides,  and  here  ended  the  first  Mexican  campaign 
into  Tc.Nus.  There  was  not  a  Mexican  garrison  nor  a  Mexican 
soldier  left  on  this  side  of  the  Rio  Gralide.  One  campaign  had 
placed  the  whole  country  in  the  acknowledged  and  undisputed  pos- 
session of  the  Texans.  The  withdrawal  of  the  enemies  troops 
•rave  Iho  Texans  time  for  deliberation — to  devi.se  and  establish  for 
Uiemselves  a  more  perfect  government.  On  the  2il  day  of  March, 
bSSC),  they  adopted  "  the  unanimous  declaration  of  independence  ;" 
and  on  the  ITtli  ol  the  same  month,  they  signed  and  published  the 
constitution  which  1  hold  in  my  hand.  It  is  the  "  constitution  of 
the  republic  of  Texas;"  which  on  all  essential  points  corilorms  to 
the  principles  of  the  Mexican  constitution  of  1824,  and  our  own 
free  instilutions.  By  looking  over  the  signatures  to  this  constitu- 
tion, as  well  as  theileelaration  of  independence  which  preceded 
il,  I  find  an  imporlanl  fact,  which  may  throw  some  light  on  the 
i|ucstinu  III  bnundarv.  From  the  miinicipa'ity  or  county  of  Bexar, 
1  find  Iheiollowingnames,  viz.,  Francisco  Rouis,  Antonio  Navar- 
ro. J.  B.  Bodgett.  From  the  municipaliiy  or  county  of  San  Patri- 
cio, are  the  names  of  John  Turner.  B.  B.  Goodrich,  Jesse  Grimes, 
J.  G.  Swisher,  G.  W.  Burnett.  Now,  sir,  by  reference  to  Mitch- 
ell's map,  which  I  have  before  me,  1  find  these  municipalities  or  ' 
counties  laid  down  as  extending  from  the  Neiices  to  the  Rio  Grande; 
and  in  Mrs.  Hoi  ley's  Texas.  I  find  a  very  interesting  account  of 
the  town  of  San  Patrick,  on  the  west  side  ol  the  Neiices,  and  which, 
•I  understand,  was  the  seat  of  justice  of  the  county  of  .San  Patricio, 
until  it  was  removed  to  Corpus  Chrisli,  by  the  act  of  the  18th  of 
January,  1845. 

I  will  read  Mrs.  Holld^'s  description  of  San  Patrick,  writlcn  m 
the  year  183H  ; 

■■  .Vol /'ntrnVi.— This  is  an  Irish  colonv  silnaled  in  ■\IcMiillen's  and  .Mcliloin'i 
"vant  oil  tllc  ri;;lil  hank  ol  the  Nences.  A  niiiiihei  of  lush  families  have  seMled  here, 
.and  maiiv  ollicis  will  pioliahlj  liml  an  iLs\]iim.  Willi  theeerlaiu  prospect  of  plenty  and 
iiiilcpcudciice.  The  seitlcincnl  of  Itisli  colonics  iii  tins  sraiit  is  the  great  ohject  ol  the 
Eropiesarios  who  are.  tlicniselves,  "  exiles  of  F.riii."  The  „l/r,lir:OB  ifarrison  nl  this 
place airmflatil  to  llic  patriots  on  tlie  'M\  Octohet,   1H3,')." 

I  shall  have  occasion,  before  I  close  my  remarks,  to  reler  to  the 
various  acts  of  the  Texan  Congress,  fixing  the  limes  of  holdmg 
courts  in  the  counties  of  San  Patricio  and  Bexar,  and  espe.ially 
the  act  of  the  24th  of  .May.  183S,  eslablishing  the  dividing  line  bo- 
-twecii  them.  I  will  here  content  myself  wuh  the  remark,  that 
by  that  acl.  the  boundary  was  ileclarcd  to  be  a  direct  line  from  a 
certain  ptiint  on  the  Rio  Frio,  thirty  miles  above  its  junction  wuth 
the  Nueces,  to  llie  town  of  I^aredo,  on  the  left  bank  ol  the  Rio 
Grande.  I  am  not  now  discussing  the  question,  as  to  the  bounda- 
ries of  the  department,  called  Bexar  or  Texas,  under  the  Spanish 
•Government,  or  during  the  revolutionary  struggle  ol  the  Mexican 
people  for  indcpciitlence— much  less  the  idle  and  useless  ipiestion, 
as  to  the  imaginary  boundary,  during  the  period  that  Texas  and 
Coahuila  cons7ilute'd  one  state  in  Mexican  confederacy-  I  care 
not  whether  Coahuila  and  Tamaulipas  were  supposed  to  have  the. 


February   1.] 


THE 'TEN  REGIMENT  BILL. 


199 


oretical  possessions  on  this  side  of  the  Rio  Grande,  prior  to  the  over- 
throw of  the  federal  constitution  of  1824.  If  they  had  such  pos- 
sessions, the\'  lost  them  when  they  lost  their  state  sovereisjnty,  by 
acqulescinn'  in  the  revolution,  and  suhniittiiiji  to  the  des^radation  of 
becoming  a  mere  department,  in  Santa  Anna's  military  despotism, 
with  their  diminished  and  curtailed  limits.  Bv  that  act  of  submis- 
sion, they  forfeited  all  right  to  require  their  felluw-fiiizens  on  this 
side  of  the  Rio  Grande,  to  become  co-sullcrt-rs  in  their  degrada- 
tion. The  bond  of  union  was  dissolved  by  their  own  act,  and  by 
their  wTontr,  and  the  people  on  this  side,  in  the  counties  of  San 
Patricio  and  Bexar  had  a  right  to  be  represented,  as  they  were 
represented  in  the  convention,  which  proclaimed  the  independence 
and  formed  the  constitution  of  the  republic  of  Texas.  The  ques- 
tion now  to  Ije  determined  is,  what  were  tlie  boundaries  ui'  the  Re- 
'  public,  not  the  department  of  Texas.  I  have  shown  that  the  first 
invading  army  had  been  oaptnred,  and  sent  beyond  the  Rio  Grande, 
and,  that  on  the  tirst  day  of  January  1836,  there  was  not  a 
Mexican  soldier  on  this  side  of  that  river.  While  the  Texans  were 
engaged  in  improving  and  remodeling  their  civil  institutions, 
Santa  Anna  was  preparing,  and  organizing  a  new  army  of  inva- 
sion. He  crossed  the  Rio  Grande,  and  entered  the  settlements  of 
Texas  with  two  invaduig  columns — the  one  in  the  direction  of  San 
Antonio,  and  the  other  "upon  Goliad.  The  slangbter  of  Travis, 
and  his  fellow  patriots  in  the  Alamo,  and  the  murder  of  Fannin, 
and  his  entire  command  at  Goliad,  alter  they  had  entered  into  a 
capitulation,  and  become  jirisoneis  of  war.  foreshadowed  the  fall' 
of  all  who  might  fall  into  the  hands  of  the  Dictator.  The  work 
of  destruction  continued,  with  fire  and  sword,  until  the  two 
hostde  armies  met  on  the  banks  of  the  San  Jacinto.  There, 
on  the  21st  of  April.  1836,  the  gallant  little  Texan  army, 
under  the  command  of  the  distinguished  Senator  before  me, 
literally  annihilated  the  Mexican  forces,  leaving  more  than  one- 
half  of  them  dead  upon  the  field,  and  caiituring  the  rest,  ncjt  al. 
lowing  even  one  to  escape  to  tell  the  tale  of  the  terrible  retribution 
which  the  god  of  battles  had  inllieted  upon  them  for  their  merciless 
crimes.  Tlie  murderer  of  Fannin  and  his  men  was  now  a  captive 
pleading  for  his  life  at  the  hands  of  the  Texan  general.  The  gen- 
erals of  the  two  armies,  and  the  Executives  of  the  two  nations, 
(for  such  they  were  now  acknowledged  to  be,)  immediately  o]icned 
negotiations  for  a  treaty  of  peace,  independem-e,  and  boundaries,' 
At  length,  on  the  12tli  of  May,  1836,  the  treaty  was  signeil  by 
President  Burnett  and  his  cabinet,  on  the  part  of  the  liepublic  of 
Texas,  and  General  Santa  Anna  on  the  part  of  Mexico.  The  i:ap- 
tion  shows  who  were  the  parties  to  this  treaty.     I  will  read  it  : 

"  Articles  of  afrreeniciit  niid  'Jdleimi  Potii|i:irl.  ninde  :iii<i,n(Io|)ted  liy  Janice (t,  Hin- 
net.  I'resiilfiil  of  the  Re|>ulili«;  of  Texa.s.  ami  tlie  iindeisiKneil  iiieiiiljers  ot  tlie<'iitiioe' 
tliereot".  on  tlie  one  part,  and  lion  Antonio  I.ope/.  de  Santa  Anna.  I'resideut  of  the 
Repnblio  oC  Mexii-o,  and  Don  Viiieente  Kilrsola.  (ieiu-r.d  ol'ltoisions.  Don  Jo-e  Trfa. 
Don  Joaqnini  Raiiiire>;  y  Sesnia  and  lion  Aiiloiiio  (iaoiia.  (.'ener.ils  of  Rri^'ades,  ol' 
llie  arinieii  of  Mexit-o.'* 

After  a  preainble  the  first  article  proceeds  as  follows  :" 

"Tlieretbre,  it  is  aji^reed  Iiy  the  President  Santa  .\lHia.  and  tlia  Oeiierals  Don  Viii- 
cente  Filisola,  Don  Jose  Urea,  Don  Joai|uiii  Ramires  y  riesnia,  and  Don  Antonio 
Goano, 

1st.  That  the  armies  of  Me.\ieo  shall,  with  all  praelicalile  c\|>ediIion,  evacuate  the 
territory  of  Texas,  and  retire  to  Monterey,  beyond  tlie  Rio  Grande." 

The  second  article  provides  that  the  Me.Kii;'an  army  "shall  ab- 
stain from  all  pillage  and  devastation"  on  their  retreat.  I  will  in- 
vite espeeiaj  attention  to  the  third,  and  a  part  of  the  f  mrlli  articles, 
as  follows  : 

"  3(1.  That  the  army  of  Texas  are  to  inareh  wcstwardly,  .^n(l  to  occupy  sunli  po':ts 
as  the  commanding  general  may  think  propee,  on  tiio  east  side  of  the  Rio  (irnnde,  or 
Rio  Bravo  del  Norte. 

"4tli.  That  the  President  Santa  Anna,  in  his  official  character  as  chief  ofllie  Mex- 
ican nation,  and  the  tienerars  Don  Vincente  Filisola.  Don  Jo.e  Urea,  Don  ,loaipliu 
Ramires  y  Sesina,  ami  Don  .\nlonio  Goana,  as  t'hiefs  of  .\riiiies,  do  solemnly  ac- 
knowledge, sanction,  and  ratify,  the  full,  entiae,  and  perfect  Imlefiendenceof  the  Re- 
public of  Texas,  witii  such  bonmlaries  as  are  hereafter  set  forth  and  agreed  upon  for 
the  same."' 

The  fifth  article  prescribes  the  boundaries  of  the  Republic  of 
Texas,  I  will  reail  so  much  as  relates  to  the  south-western 
boundary  : 

"5th.  That  the  following'  he,  anil  the  same  are  herehv  e^tahlisiicd  and  made  tlie 
tinesof  demarcation  lietwsen  the  two  Republics  of  Mexico  and  'I'l-xa^.  to  wit  ;  The 
line  shall  coinnieiice  at  the  estuary  or  month  of  the  Rio  tJraudc,  on  the  western  hank 
thereof,  andsliall  pursue  the  same  bank  of  the  said'river.  to  the  point  wdiere  the  river 
assumes  llie  iinine  of  the  Rio  Bravo  del  Norte,  from  wliidi  point  il  shall  proceed  on 
the  said  western  bank  to  the  head  waters,  or  source  of  said  river,  it  beiiiiJiii(lerslood 
that  the  terms  Rio  Grande  and  Rio  Bravo  del  Norte,  ayplv  to  and  designate  one  aad 
the  same  streum." 

The  sixth  and  seventh  articles  relate  to  the  release  of  prisoners 
and  the  restoration  to  Texas  of  all  fortresses,  artillery,  and  muni- 
tions of  war,  within  her  limits. 

In  article  eighth  Texas  undertakes,  in  consideration  of  the  fore- 
going provisions,  to  spare  the  life  of  Santa  Anna  and  his  officers, 
and  to  restore  them  to  their  liberty. 

Article  ninth  is  as  follows  : 

"  ntli.  The  release  of  the  President  Santa  Anna  shall  be  made  immediately,  on  re- 
ceiving the  signatures  of  Generals  Don  Vincente  Filisola,  Don  .lose  Urea,  Don  Joaquin 
Ramires  y  Sesnia,  and  Don  Antonio  Gaona,  to  this  agreement,  and  his  conveyance  to 
Vera  Crnz  as  soon  afterwards  as  may  be  convenient." 

It  will  be  borne  in  mind  that  the  generals  named  in  tlie  ninth  ar- 
ticle were  not  prisoners,  and  that  after  the  capture  of  Santa  Anna, 
General  Filasola  succeeded  to  his  powers  as  commander-in-chief 
of  the  Mexican  army.  The  remaining  articles  relate  to  the  mode 
in  which  these  were  to  be  executed.  General  Filesola  and  the 
other  officers  named  in  the  ninth  article,  did  subsequently  sign  and 

ratify  xUh  treaty,  an4  ii)  p^r5^ance  of  it  were  perniitteif  to  retire, 


with  the  forces  under  their  command,  in  peace  and  security  beyond 
the  Rio  Grande.  Here  ends  the  history  of  the  second  invasion  of 
Texas  by  Mexico.  Like  the  first,  it'  resulted  in  the  total  an- 
nihilation of  the  invading  army — its  defeat  and  capture.  Texa^ 
was  now  free  and  independent,  without  a  hostile  foot  upon 
her  soil.  There  was  not  a  Mexican  soldier  to  be  found  on  this  side 
of  the  Rio  Grande.  Those  who  survived  the  battle  of  San  Jacinto 
alid  returned  to  their  own  country,  did  so  by  the  permission  of  the 
Texan  army,  and  under  the  sanctity  of  a  treaty  stipulation  that  the 
Rio  Grande  should  forever  remain  the  line  of  '■  demarkation  be- 
tween the  two  Republics  of  Mexico  and  Texas."  It  does  seem  to 
me  that  I  might  stop  here,  with  safety,  and  rest  llie  question  of 
the  boundary  of  the  Rio  Grande  upon  the  incontrovertible  facts 
which  I  have  brought  to  the  notice  of  the  Senate.  But.  sir,  I  am 
well  aware  that,  while  no  Senator  will  controvert  the  truth  of  any 
one  material  fact  which  1  have  stated,  or  the  fairness  and  impar- 
tiality with  which  all  my  facts  have  been  presented,  yet  it  will  be 
said  that  the  treaty  to  which  I  have  alluded  was  not  binding  upon 
the  Mexican  nation,  because  Santa  Anna  was  a  jirisoncr  of  war,  in 
captivity ,  at  the  time  of  its  execution,  1  do  not  deem  it  necessary 
to  make  an  argument  on  thi.s  point,  so  far  as  Santa  Anna  is  him- 
self concerned  ;  for  it  can  make  no  ditlercnce  with  the  result. 
General  Filseola,  and  the  other  generals  who  subsequently  signed 
and  ratified  that  treaty  in  conjunction  with  him.  were  not  jirisoners 
of  war — were  not  in  duress  or  ea|itivity  when  they  executed  it. 
They  were  at  the  head  of  their  respective  commands,  in  the  lull 
enjoyment  of  all  their  faculties,  and  the  free  exercise  of  all  their 
rights,  when  they  signed  and  ratified  the  inslrumeiit.  'I'liey  acted 
upon  their  own  jiulgmenls  and  of  their  own  volition,  and  make  no 
pretext  of  duress  or  coercion.  If,  then,  the  captivity  of  Santa 
Anna  deprived  him  of  the  faculties  of  volition  and  action,  Filasola 
succeeded  to  his  position  of  commander  ini-hief  of  the  army,  and 
was  tlulv  invested  with  all  the  powers  of  which  he  hail  been  tle- 
lirivcd.  But,  sir,  I  (•aiiiiot  concdc  that  the  acts  of  Santa  Anna 
were  not  binding  upon  himself  and  his  government.  We  must  bear 
in  mind  that  the  government  of  Mexico  at  that  lime  was  a  military 
despotism,  erected  upon  the  ruins  of  the  republic,  after  the  federal 
constitution  had  been  abolished,  Santa  Anna  was  the  head  of  that 
government,  (if  indccil  lie  was  not  the  government  jtself;)  and 
the  people  were  responsible  lor  his  acts,  because  they  had  submit- 
ted to  Ills  rule,  and  (icquicsced  in  his  tiuthorily.  The  eovcrn- 
ment  had  no  rightful  existence,  and  no  other  authority  lliali  that 
which  resulted  from  violence  and  power.  It  had  extended  its 
authority,  by  successful  revolution,  lo  the  Rio  Grande,  and  to 
that  extent  the  jieople  were  bound  by  its  acts,  it  had  failed  in 
two  successive  attempts  to  establish  its  jiower  on  this  side  of 
that  river,  and  the  evidence  of  that  failure  is  to  be  found  re- 
corded in  letters  of  blood  in  the  treaty  of  San  Jacinto,  sealed 
with  the  impress  of  the  government's  captivity,  and  witnes>,ed 
by  the  dead  of  more  than  one  half  of  the  revolutionary  army. 
The  failure  of  Mexico  lo  conquer  and  reduce  to  siibjugatioii. 
is  conclusive  evidence  of  the  right  of  the  inhabitants  to  irnvern 
themselves.  This  treaty  ij  an  acknowledgment  of  that  right,  and. 
as  .such,  is  good  evidence  of  the  indepenilence  and  boundaries  of 
the  republic  of  Texas.  I  do  not  insist  that  the  treaty  conferred 
any  new  rights  upon  Texas,  either  in  respect  to  her  independence 
or  limits  ;  for  they  existed  before  the  treaty  was  signed  and  inde- 
pendent of  its  provisions.  Her  inalienable  right  of  independence 
resulted  from  the  subversion  of  the  constitutional  government  of 
the  Mexican  confederacy — the  fact  of  independence,  with  the  boun- 
dary of  the  Rio  Grtuide,  was  evideticed  by  the  total  annihilution  of 
every  revolutionary  army  which  had  presumed  to  enter  her  ten  i- 
tory,  and  the  expulsion  of  every  hostile  foot  from  her  soil.  The 
treaty  is  a  valid  acknowledgment  of  both  tlio  rigiit  and  the  fact. 
It  was  entered  into  for  a  consideration,  which,  it  is  reasonable  to 
suppose,  was  not  only  desirable,  but  mvalualile  to  Mexico.  The 
life  of  her  Chief  Magistrttte,  and  the  safety  of  thousands  of  her 
soldiers  and  officers,  depended  upon  it,  and  were  secured  by  it.  In 
fact  the  whole  conduct  of  the  government  of  Mexico,  from  the 
date  of  that  treaty  through  a  long  series  of  years,  has  clearly 
shown  that  she  reg.arded  the  Rio  Gr.ande  as  the  boundary  of  Texas: 
but  claimed  the  right  of  reconquest,  as  she  is  pleased  to  term  it 
insomuch  as  the  treaty  had  not  been  ratified  according  to  the  forms 
of  the  constitution,  which  had  been  abolished  nearly  two  years  pre- 
vious. Texas  w-as  permitted  to  remain  in  the  undisturbed  posses- 
sion of  the  territory  for  years.  Invasion  and  conquest  were  con- 
stantly threatened,  but  no  attempt  was  ever  made  to  carry  the 
threat  into  execution  by  a  regularly  appointed  army  until  the  year 
1842,  six  years  after  the  battle  anil  treaty  of  San  Jacinto.  In'ihat 
year.  Gen.  Vascus  ventured  to  cross  the  Rio  Grande,  and,  by  a  ra- 
pid movement,  succeeded,  on  the  6tli  of  March,  in  reachincr  and 
(ihiiKlering  San  Antonio.  The  Texans  instantly  seized  their  arms, 
and  prepared  to  chastise  and  repulse  the  invaders.  The  result  is 
thus  recorded  in  Green's  Mier  expedition: 

"A  large  number  had  already  arsemhled  under  their  veteran  leader.  <>eneral  Ed- 
ward Pmileson,  always  the  first  in  the  Held  and  foremost  in  the. tight  TAe  ENfMv 
Fi.lsn  BiitoRl:  THKM  TO  THE  RIO  nUAfiDE,  out  huiiJre,!  and  Ji/lg  milts  Jis- 
tant." 

This  was  the  end  of  the  third  regular  invasion  of  Texas  by  Mex- 
ico. The  invading  army  only  escaped  the  fate  of  the  two  prece- 
ding ones  by  a  hasty  flight  before  the  Texians  across  the  Rio 
Grande.  Now  for  the  fourth  and  last  invasion  which  Mexico  ever 
attempted,  unless,  indeed,  the  marauding  party  under  Canalles, 
which  was  promptly  met  and  repulsed,  is  entitled  to  the  dignity  of 

that  desigualien,    AbcW  tlie  ist  of  September,  1842,  Gen,  Woll 


200 


THE  TEN  REGIMENT  BILL. 


[Tuesday, 


and 

ify 


crossed  the  Rio  GianJe  with  his  army,  autl  by  rapid  raarelies  took 
possession  of  San  Antonio  on  the  lltli  of  that  month.  A  few  days 
afterwards  he  succeeded  in  capturinir  and  murderini;  a  small  paiiy 
of  Texians  in  the  vicimty  of  that  place.  For  the  result  of  this  in- 
vasion, I  will  invite  tlie  attention  of  thd  Senate  to  the  passages 
which  I  will  read  from  the  work  1  have  just  (juoted  ; 

••  After  the  massacre  of  Dawson  and  hk  men.  General  Woll  made  a  lriiiin|ilial  fn 
try  into  San  Antonio  with  his  (iftei-n  prisoni-rs  and  some  two  linnrlred  of  l.is  ow  ii 
wounded,  and  pr^jiared  tor  fi  haslv  retreat  totrnrih  the  li'o  Orttnile.  ^y'^"  '-'^ 
was  greatly  hastened  U|ion  hearinjlliat  Colonels  Mavlicid,  Mooie.  and  McLiilloupl;. 
and  others,  were  coming  np  with  reinfoiccmciits  to  Caldwell.  «  ith  all  Oen  won  i 
hurry  in  his  flight  homeward,  at  the  Rio  Hondo  he  found  Caldwell  upon  life  liwis 
His  retreat  became  a  flight  and  a  panic  ;  ami  had  the  Texians  cl.atpc.l  him.  as  al,  i"" 
agree,  and  as  all  then  =ceraed  to  be  anxious  to  do.  his  whole  lorce  would  Have  tan.  " 
an  easy  psev.  Much  has  been  said  against  Caldwell  and  others  for  not  so  doing,  a 
the  blame  has  been  charged  upon  sevcial  :  but  rhe  writer  has  not  been  able  l"'^J' 
his  mind  that  any  particular  inrlividual  was  to  blame.  It  scenis  to  be  one  ol  those 
mischances  iii  war,  more  the  resnll  of  accident,  or  the  want  of  promptness.  Iluin  the 
absence  of  bravery,  ft  was.  hamre.r,  a  tmlianal  misfortune  that  he  inisva-mitlcu 
to  eseitft  to  the  west  side  of  the  liio  Granile,  after  murdering  forty-one.  and  carrying 
oil"  si.xty  seven  of  our  best  citizens." 

Thus  ended  the  fourth  and  last  invasion  of  Texas  by  a  regular 
army  of  Mexico  If  at  anv  time  marauding  parties  ever  crossed 
the  Rio  Grande  and  approaehed  the  .-^eltlcments,  their  flight,  btJ- 
fore  Havs'  and  McCulioiitrh's  Rangers,  was  more  rapid  than  their 
ori-riiial' march.  The  repulse  and  retreat  of  Gen.  WolKs  army  m 
the^fall  of  1S42,  again  left  Texas  in  the  undisputed  enjoyment  ol 
of  her  whole  terriuirial  limits,  as  defined  in  the  treaty  of  .San  Ja- 
cinto and  vindicated  by  her  arms  whenever  invaded,  since  the  dale 
of  Gen.  Cos'  capilnlation  in  1S3.5.  I  have  said  that  Hays  and 
McCullough  always  held  the  marauding  parties  in  check;  and  re- 
pulsed Ihera  whenever  they  invaded  the  country.  On  this  point  I 
will  read  a  paragraph  from  the  speech  of  Mr.  Kauffman,  of  Texas, 
in  the  House  of 'Representatives,  on  the  27lh  of  .Tune,  1S46  : 

"Indeed,  the  Te.\as  Rangers,  under  the  gallant  Hays  and  McCullough.  have  for 
year^  held  undisputed  sway  over  that  territory,  (the  cotin/ry  between  the  Nueces  and 
the  Rio  Graiidel  and  we  have  had  such  occupation  of  il  as  the  condition  and  wauls 
of  our  poiiulalion  peiniiUed  and  lecmireil.  A'u  Meiieiiii  fin-ces  hare  erer  been  stii- 
tionetl  on  the  left  [of  the  Rio  (iraudej— «//  there  icar  Tnctiiifestoes  are  tinted  mi  the 
rifthty 

I  am  aware  that  I  am  aceumnlating  evidence  on  tliis  point,  be- 
yond what  cyjtrht  to  be  required  to  convince  the  most  incredulous 
mind.  Yet  Iinust  be  permitted  to  call  the  attention  of  the  Senate 
to  one  item  mure.  1  allude  to  the  armislice  which  was  coucludeil 
between  the  governments  of  Mexico  and  Texas,  on  the  15th  ol 
February,  l.S-14,  and  Ihe  proclamation  of  Gen.  Woll,  announcing 
the  re-opening  of  hostilities  from  and  after  the  1  Ith  of  June,  of  that 
year.  The  hostilities  which  were  re  oiieiied  existed  onlv  on  pa- 
per, if  we  except  Ihe  cruel  and  barbarous  treatment  of  the  Texan 
jirisoners  who  had  been  so  nnl'orlnnale  as  tu  fall  intu  the  bands  ol' 
the  Mexicans  in  the  previous  campaigns.  Gen.  Woll,  ucling  un- 
der the  express  orders  of  Ihe  Mexican  government,  at  Micr,  June 
20th,  1844,  issued  an  order  or  proclamation,  of  which  the  thin! 
section  is  as  follows  : 

"  .^.  Every  individual  who  may  be  found  at  the  rii  taiice  of  one  league  fium  llii-left 
bank  of  the  Rio  Bravo.  [Rio  (Jraude]  will  be  regarited  as  a  favorer  and  aecontp/iee  of 
the  ITSVRPERS  or  that  i'akt  oi-thk  national  Ti-:RHiTonY,  and  as  a  traitor  to  his 
country." 

This  order  is  important  in  two  points  of  view  :  first,  that  while 
Mexico  claimed  the  whole  of  Texas  as  her  national  territory,  she 
at  that  time  regarded  and  acknowledged  the  Hio  Bravo,  or  Grande, 
as  the  boundary.  She  had  previously  declared  the  inhabil ants  of 
Texas  rebels  and  traitors,  who  were  to  be  put  to  immediate  death, 
and  by  this  order  that  sentence  was  .'ippliid  tu  every  persun.  whe- 
ther Mexican  or  Texan,  who  should  be  found  at  ihe  distance  of 
three  miles  from  the  Rio  Grantlc,  upon  the  grouud  that  the  fact  of 
being  there  was  conclusive  evidence  that  they  favored  ihe  Texan 
cause.  A  Mexi.-an  might  cross  the  river  to  the  left  bank,  and  save  bis 
life  by  showing  that  he  was  not  a  Texiati,  but  if  he  went  one 
league  from  the  Rio  Grande,  death  was  his  jioition,  and  no  excuse 
or  explanation  would  be  received.  The  next  jioint  upon  which  this 
order  is  important,  is  to  be  found  in  the  fact  of  its  express  acknow- 
ledgement, that  the  Texans  were  in  possession  of  the  country  : 

"  Kvery  iiidiviilunl  who  may  be  found  at  the  distance  of  one  leairue  liom  Ih.  Icjt 
bank  of  the  Uiu  IJiavo.  «  ill  be  regarded  as  a  favorer  and  accoui'phce  ol  Ihe  isruiiMis 
or  that  part  of  tiik  national  territory." 

It  appears,  Ihen,  that  Ihe  Texans  had  usurped  ihe  terrilory  on 
the  left  bank  of  Rio  Bravo,  or  Granile.  To  usurp,  according  lo 
Webster,  is  ''  to  .vt'ice  aiul  hultl  in  possession  by  force  or  'iinliioul 
'  right."  I  have  already  disposed  of  the  question  as  to  the  riojit  of 
Texas  "  to  seize  and  hold  in  possession  liy  birce"  the  country  be- 
tween the  iNneces  and  ihe  Rio  Grande,  tiiid  il  is  snUieient  for  my 
iiurpose  that  Mexico,  in  I.X44,  acknowlclgcd  the  liu-t,  that  Texas 
liad  seized,  and  did  then  bold  it  in  possession  by  force.  I  hnve  now 
traced,  with  a  minuteness  which  1  fear  has  been  tedious,  e\erv  im- 
portant fact  bearing  upon  the  question  of  boundary,  since  the  siili- 
versioii  of  the  federal  cuii-^titulion  of  1.S24.  In  the  examination  of 
this  subject  my  mind  has  lieen  powerfully  impressed  by  the  circnni- 
stances,  that  in  every  invasion  which  Mexico  has  ever  made  of  the 
territory  of  Texas,  the  Rio  Grande  has  been  uniformly  ineiilioiied 
as  the  line  which  the  army  crossed,  and  beyond  wliich  it  retreated 
whenever  it  was  permuted  to  escape.  The  same  may  be  said  of 
the  capitulations  and  treaties  with  the  Iwo  captive  aimies.  The 
Nueces  is  not  even  alluded  to,  nor  can  the  name  be  Iniind  in  anv 
one  of  them.  This  circniustance  is  a  powerliil  argument  of  ilseli'. 
and  is  forced  to  make  a  deep  impression  upon  the  mind  of  every 
impai'tiul  man. 


Having  shown  that  Mexico  has  never  held  any  portion  of  the 
country  this  side  of  the  Rio  Grande,  (of  course  I  sneak  of  the 
low(>r  Rio  Grande,)  .since  the  .subversion  of  the  constitution  of  1824, 
and  that  Texas  has  promptly  repelled  every  invasion  of  her  terri- 
tory, I  now  propose  to  show  that  she  has  qceupied  and  governed 
it,  by  her  civil  institutions,  during  that  whole  period.  I  have  al- 
readv  shown  that  every  Mexican  sarrison,  between  the  Nueces 
and  the  Rio  Grande,  as  well  as  in  all  other  portions  of  Texas, 
was  reduced  and  cap!  tired  in  the  fall  of  1835 — that  the  counties  ol' 
San  Patricio  and  Bexar  were  represented  in  the  convention,  whicli 
established  Ihe  Provincial  government  in  November  '35,  and  also 
in  the  convention  which  declared  the  independence,  and  formed 
the  constitution  of  the  Republic  of  Texas  in  March  '36 — and  that 
by  that  counstitution,  eacn  of  those  counties  constituted  a  con- 
gressional district,  with  the  right  of  sending  Representatives  and 
Senators  to  the  Congress  of  the  Republic.  I  have  referred  also  to 
the  act  of  the  Texian  Congress  of  the  24th  of  May,  '38,  delining  ; 
with  greater  certainty,  the  dividing  line  between  those  counties 
from  the  Nueces  to  itie  Rio  Grande,  and  confirming  the  surveys 
oi"  land  which  had  been  made  by  the  county  surveyors  of  both 
respectively.  On  the  19th  of  December,  1¥3(;,  the  Congress  of 
Texas  passed  an  act  delininir  tlie  boundaries  of  the  republic, 
and  adoptina;  those,  designated  in  the  treaty  of  San  Jacinlo.  On 
the  4tli  of  February,  '42,  an  act  was  passed  fixing  the  times  of 
boldinc  the  higher  courts  in  the  counties  of  San  Patricio  and  Bex- 
ar and  for  other  purposes.  On  the  18th  of  January,  '44,  another 
act  was  passed  regulating  the  times  of  holding  courts  in  those 
counties,  and  on  the  31st  of  December,  '44,  an  act  was  passed 
ehanginn  the  times  of  holding  courts  in  those  counlies.  On  the 
l.Stli  of  January,  '45,  an  act  was  passed  removing  ihe  seat  of  jus- 
tice of  San  Patricio  county,  to  Corpus  Christi,  and  iirovidiug  for 
the  appoinlment  of  a  presiding  judge  of  the  county  court.  On  the 
1st  of  February,  '45,  an  act  providing  for  the  re-survey  of  all  the 
laud  in  Ihe  counties  of  San  Patricio,  and  Refugio,  the  title  of  which 
was  derived  from  lite  Mexican  government,  or  the  state  of  Coa- 
huila  and  Texas,  and  for  returning  the  plats  to  the  General  Land 
Office  of  Texas.  I  have  all  these  acts  before  ine,  but  will  not 
stop  to  read  them,  unless  desired  by  some  Sefiator.  Durin"  the 
whole  of  the  period  from  the  establishment  of  the  republic,  these 
counties  were  represenleil  in  the  Congress  of  Texas.  They  were 
tilso  ie)n'esciited  ill  the  convention  ol  the  people  of  Tcxa.s,  which 
aureed  to  the  terms  of  annexation,  and  which  formed  the  conslitu- 
lioii  of  the  State  of  Textis,  with  which  she  was  admitted  inlo  our 
federal  Union.  I  hold  in  my  hand  the  present  constitution  of  Tex- 
as— the  same  ujion  which  our  act  of  Congress  was  founded,  ad- 
mitting her  into  the  Union,  as  a  State,  upon  an  equal  footing  with 
the  iiriginal  States,  and,  in  the  30lh  section,  of  the  3d,  article,  I 
find  that  ihc  coiinlv  of  Sail  Patricio  is  constituted  a  Representa- 
tive district,  with  one  representative,  and  the  county  of  Bexar, 
with  t\<o  rcpicsenlatives  ;  and  in  the  32d  section  of  the  same  arti- 
cle; is  the  follovriiig  provision:  "the  county  of  Bexar,  the  eio-h- 
leeiith  ilistiict,  shall  elect  one  Senator.  The  counlies  of  Goliad, 
Refugio,  and  San  ■Patricio,  the  nineteenlh  district,  shall  elect  one 
Senator.'' 

The  third  section  of  the  llilrtcenth  article  is  as  follows: 

"Section  :id.  All  laws  and  parts  of  la w»  now  in  force  in  the  republic  of  Texa-s, 
wliidi  are  uol  repugnant  to  the  Constitution  of  Uie  Uuited  States,  the  joint  resolu- 
tions for  aiiueMiig  Texas  lo  the  United  States,  or  to  the  provisions  of  this  Constitii 
lion,  shall  colli inue  and  remain  in  force  as  the  laws  of  this  ,'^tafe.  until  they  expire  by 
ihrir  ou  II  Itiuil.ilion.  or  shall  be  ahered  oi  repealed  by  the  legislature  theieo'f." 

Now,  sir,  this  provision  ratifies  and  continues  in  force  all  the 
acts  of  I  he  Texan  Congress  lo  which  I  have  refcrretl — the  atrt  de- 
claring the  Rio  (Jraiide  to  be  the  boundary  of  the  republic — the 
act  eslabbshing  ilie  bomidaiy  lines  of  counlies  from  the  Nueces  lo 
the  Rio  Grande — the  several  acts  providing  for  the  .surveys  of  lands 
and  fixing  the  times  of  holding  courts  in  those  counties — all  are 
confirmed  by  this  section  of  the  constitution.  The  Congress  of 
the  Uiiiled  Istales  must  be  presumed  to  have  been  familiar  with 
these  laws  and  this  section  of  the  constitution,  when  the  act  was 
passed  admitling  her  inlo  the  Union.  This  pi-esumplion  i*;  greatly 
strengthened  by  the  fact,  that  within  a  few  d.ays  after  the  .admis- 
sion of  Texas,  Congress  passed  an  act  extending  our  revenue  laws 
over  the  territory  of  the  State,  and  establishing  a  port  of  delivery, 
auiong  oilier  places,  at  Curpiis  Christi.  in  the  county  of  .San  Patri- 
cio. 

I  have  now  <'oncliiiled  all  I  have  to  say  on  the  question  of  boun- 
dary. Whi'lher  I  have  succeeded  in  establishing  the  bonndnrv  of 
ihe  Rio  Grande,  is  for  the  Senate  and  the  country  to  judge.  One 
lliing  is  cerlain,  Mexico  never  dreamed  of  any  other  boundary 
thairthat  of  the  Rio  Grande  or  the  Sabine.  She  was  in  posses- 
sion of  the  country  lo  the  Rio  Grande,  and  claimed  the  right  to 
conquer  to  the  Sabine.  This  was  the  jiositioii  of  Mexico  towards 
Texas,  as  stated  by  herself,  when  the  latter  was  annexed  to 
this  country  tiiid  admitted  into  the  Union. 

The  ipiestion  now  arises,  who  commenced  the  present  war? 
The  Uniieil  States  or  Mexico?  This  seems  lo  be  a  disputed  point 
belwcen  the  two  iiicat  political  parlies  in  this  country,  although 
the  governments  of  the  two  belligerent  countries  agree  in  relation 
to  it.  Our  government  has  ollicially  declared,  in  the  form  of  a  so- 
lemn law,  all  the  departments  concurring,  that  the  war  was  com- 
menced by  "the  act  of  Mexico."  This  is  our  statement  of  the 
question.  Now  for  the  Mexican  side  of  the  case  as  staled  by  her 
President,  and  Ministers  of  War  and  Foreign  AHiiirs.  I  read 
from  the  President's  annual  message  of  Pecember  8th,  184(i; 


February  1.] 


THE  TEN  REGIMENT  BILL. 


201 


"  The  apprehensions  of  a  contemplated  Mexican  invasion  ba\e  been  since  folly  jns- 
tiQed  by  the  event.  Tiie  determination  of  IVIexico  to  rosh  into  hostilities  witli  the 
I'nited  States  was  aflerwanls  manifested  from  the  whole  tenor  ol  the  note  of  the  iMcsi- 
can  Minister  of  Foreign  Aflaini  lo  our  minister,  bearing  date  on  the  twelfth  of  March, 
1846  Paredes  had  then  revolutionized  the  government,  and  his  minister,  after  referring 
to  tlie  resolution  for  the  annexation  of  Texas,  which  h.ad  been  adopted  bv  our  (Congress 
m  March,  1(*45,  proceeds  to  declare  that  '  a  fact  such  as  this,  or,  to  speak  with  greater 
e.sactness,  so  notable  an  act  of  usnipatiou,  created  an  imperious  nece^ity  that  Me.vico, 
for  her  own  honor,  should  repel  it  with  proper  tirmiie-s  anil  <liguity.  The  Supreme 
(Jovernment  had  beforehand  declared  that  it  would  look  iijionsucb  an  act  asacn.vH.s 
belli ;  and,  as  a  conserjueuce  of  this  declaration,  nfi^i'ttatiini  wnx,  hj  its  very  nature, 
at  an  end,  and  lear  was  the  only  reemirse  of  the  Meiican  gnrernmrttt.' 

"  It  apjiears,  also,  that  on  the  fourth  of  ,\])ril  following,  tleneral  Paredes,  through 
Ills  minister  of  war,  issued  orders  to  the  Mexican  general  in  coiiMiiaiid  on  the  Texan 
frontier  to  '  attack' our  army  '  by  every  means  wliich  war  permits.'  To  this  (ien- 
eral  Paredes  had  beim  pledged  to  the  army  and  people  of  Mexico  iliiriiig  tlie  nnlitary 
revolution  which  had  brought  him  into  power.  <.>n  the  eighteenth  ot  April,  IS4G, 
General  Paredes  addressed  a  letter  to  the  commander  on  that  frontier,  in  which  he 
stated  to  him,  '  At  the  present  date  I  supjiose  you  at  the  head  of  that  valiant  army 
army,  either  fighting  already,  or  preiiaring  I'or  the  ojrerations  of  a  campaign  ;'  and 
'  supposing  you  alreadyon  the  theatre  of  operations,  and  with  all  the  I'orces  assembled 
Tf  is  indi-^tensiihtc  thai  hostilities  be  commtmred,  yourself  teiliing  the  initiniire 
against  the  enemy.'  " 

Tints  wc  linil  that,  the  Mexican  MinLstcr  of  Foreign  AlTair.s,  on 
the  12th  ol'  March,  1846,  notilied  our  ministers  that  "  negotia- 
tion W.A..S,  FY  ITS  VERY  NATURE,  AT  AN  END,  and  TV'AR  WAS  THE 
ONLY   RECOURSE   OF     TIIE  MEXICAN   GOVERNMENT  ;"    aild    that  on 

the  ]8th  day  ol'  Apiil,  1846,  the  President  of  Mexico  instructed 
the  General  of  the  Mexican  army  that  it  was  "  indispritsabic  Hint 
hoafilities  be  commenced,  YOURSELF  TAKING  THE  INFflA- 
TIVE  AGAiNT  THE  ENEMY."  Mcxico  avows  the  act.'  It  is  her 
pride  and  lioast  that  she  commenced  the  war — that  she  took  the 
"  initiative"  and  struck  the  first  blow.  She  makes  no  complaint 
of  General  Taylor's  march  from  Corpus  Christi  to  the  Rio  Grande. 
She  knew  nothing  of  that  movement  at  the  time  she  gave  orders 
for  the  commencement  of  hostilities.  Her  complaint  was,  that  our 
armies  wert^  stationed  on  the  west  side  of  the  Sabine — that  we  had 
incorporated  the  country  between  the  Sabine  and  the  Rio  Grande 
into  our  Union,  and  deprived  her  of  the  right  which  she  claimed  of 
re-conquest.  This  was  her  grievance,  and  for  this  grievance  she 
boasteti  that  she  had  the  chivalry  t»  make  wav  upon  the  United 
States,  and  take  the  initiative.  She  knew  nothing  of  the  dis- 
tinctions in  the  strength  of  her  title  on  the  one  side  or  the  other 
of  the  Nueces,  until  she  found  it  explained  in  the  speeches  of 
American  Senators.  Those  speeches  arc  the.  foundation  of  her 
better  title  to  the  country  west,  than  east  of  that  river.  Up 
to  the  commencement  of  this  war,  the  name  of  the  Nueces 
river  cannot  be  found  in  any  Mexican  ilocument — civil  oi  mili- 
tary— addressed  to  this  country,  or  Texas,  in  which  she  claims 
a  better,  or  any  other  title  to  that  river,  than  to  the  Sabine,  Her 
separate  title  to  the  Nueces  is  a  whig  title,  originating  in  this 
countrv,  and  derived  from  whig  newspapers  and  speeches,  and 
adopted  by  the  Mexican  authorities,  for  the  first  time  in  the  nego- 
tiation with  Mr.  Trist.  "on  the  Chapultepec  causeway."  She  now 
claims  it,  because  she  is  told  that  it  is  hers  ;  but  she  is  unable  to 
comprehend,  much  less  explain,  upon  \vhat  principles  her  separate 
and  better  title  rests.  I  repeat,  that  this  line  of  the  Nueces  was 
manufactured  in  this  country,  for  the  puroose  of  erecting  a  plat- 
form, from  which  to  assail  the  President  of  the  United  States,  and, 
through  him,  the  democratic  party.  The  idea  was  conceived  after 
the  passage  of  the  act  of  the  ]3tb  of  May,  1846.  recognizing  ''a 
state  of  war  by  the  act  of  Mexico,"  and  by  gentlemen  who  voted 
for  that  law.  Why  did  they  not  then  tell  us  that  the  President  had 
invaded  the  territory  of  Mexico  in  violation  of  the  constitution  of 
the  United  States,  and  instruct  him  to  withdraw  the  army  within 
the  line  of  our  rightful  boundary,  instead  of  furnishing  ten'miUions 
of  dollars,  and  fifty  thousand  men,  to  prosecute  the  invasion  to  the 
vitals  of  Mexico  >  I  suppose  tho  answer  will  be,  if  any  answer 
shall  be  made,  that  they,  at  that  time,  were  as  ignorant  as  Mexico 
herself,  of  the  existence  of  any  better  title,  to  the  one  side  than 
the  other  of  the  Nueces. 

But,  sir,  there  is  one  point  more  to  which  I  wish  to  address  a 
few  remarks.  It  is  strenuously  insisted,  here  and  elsewhere,  that 
the  letter  of  the  Secretary  of  War,  of  the  13th  of  January,  1846, 
ordering  General  Taylor  from  Corpus  Christi  to  the  Rio  Grande, 
was  the  real  cause  of  the  war.  Some  go  so  far  as  to  charge  the 
President  with  giving  the  order  for  the  purpose  of  producing  war, 
while  others,  who  are  more  charitable,  content  themselves  with 
saying  that  it  was  an  act  so  imprudent  and  reckless,  that  any  man  in 
his  senses  ought  to  have  known  tliat  war  would  have  been  the  in- 
evitable consequence.  It  often  becomes  necessary  in  military 
movements,  on  a  theatre  remote  from  the  capital,  to  trust  much  to 
the  superior  local  knowledge  and  discretion  of  the  commanding 
general,  in  respect  to  the  proper  disposition  of  the  forces  under  his 
command.  Such  was  the  case  in  this  instance.  General  Taylor 
was  put  in  full  possession  of  the  views  of  the  governmen.  in  send- 
ing him  to  Texas,  and  left  to  select  Ins  own  position.  Those 
views  were  the  defence  of  the  western  boundary  of  Texas  from 
invasion,  and  the  preservation  of  friendly  relation's  with  Mexico,  if 
pDssib.c.  He  selected  his  position  at  Corpus  Christi,  and  after  rc- 
maming  there  several  months,  on  the  4th  of  October,  184,T,  he  wrote 
to  the  department  as  follows  : 

Sir ;  I  beg  leave  to  suggesi  oina  considerations,  in  relation  to  tlie  present  position  nf 
our  lorre.  and  tho  dispositions  which  mav  become  necessary  I'or  the  more  etl'cctual 
prosecution  of  the  olijects  tor  which  it  has  bi?cn  coiicentrateLl, 

Alter  a  detailed  exposition  of  the  reasons.for  tho  reccommenda- 
lion  which  he  was  about  to  make,  he  proceeds  as  follows  : 

•■Forlhesereasous,  our  position  thus  far  has,  1  think,  been  the  best  possible;  but, 
now  that  the  entire  lorce  will  soon  be  concentrated,  it  may  well  be  a  cniestion  whether 
the  eicies  of  •rurertiment  mill  he  liesl  carried  out  bit  mir  remainiiiir  at  lliii  imiiil  It 
IS  with  great  delerence  that  I  make  any  snggeslious'  on  tnpics  which  mav  become  mat 
lerot  delicate  negotiation  ;  hut  it  our  government,  in  scttliu"  tli»  iiii.-lioii  of  bounda- 
ry, makes  the  line  of  the  Rio  Grande  an  ultimatum,  /  ca,i,ie(  doabt  that  the  settienient 
Kill  bcgreatlij }aahttttcd  and  hastened  bij  our   taking  possession  at  onee  of  one  or 

30th  Cong.— 1st  Session.— No.  26. 


tieo  sttitable  points  on  or  qititrncar  tliat  rirtr.  Oar  strength  and  state  of  prepara- 
tion should  be  displayed  in  a  manner  not  to  be  mistaken.  However  salutary  mav  lie 
the  effect  produced  upon  the  border  people  by  our  presence  here,  we  are  too  far  from 
the  fVontier  to  Inlpress  tlie  government  of  Mexico  with  our  rearliness  to  vindicate,  by 
foiceof  arms,  if  necessary,  onr  title  to  the  country  as  far  as  the  Rio  Granite,  "The 
'army  of  oecnjiation'  will,  ill  a  few  days,  be  concentrated  at  this  point,  in  condition 
for  vigorous  and  eflicient  service.  Mexico  having  as  yet  iiiaile  no  positive  declaration 
of  war,  or  committed  any  overt  act  of  hostilities,  Ido  not  feel  at  lihertjj.  nntiei  my  in- 
structions, particularly  those  of  July  8,  to  make  a  forward  movement  to  the  Rio 
Grande  withoitt  anthoi-ity  from  the  li'ar  JJrpartnirnl.'^ 

These  are  the  recommendations  of  General  Taylor.  "I  cannot, 
doitbt  that  the  settlement  wUl  be  greatly  facilitated  and  hastened 
by  our  taking  possession  at  once  of  one  or  two  suitable  points  on, 
or  quite  near  that  river,"  the  Rio  Grande.  "I  do  not  feci  at  liber- 
ty, under  my  instructions,  particularly  those  of  the  8th  of  July,  to 
make  a  forward  movement  to  the  Rio  Grande,  without  authority 
from  the  War  Deparluicnt."  General  Taylor  was  the  command- 
ing general  on  the  theatre  of  action.  He  had  better  opportunities 
of  knowing  the  movements,  intentions,  and  feelings  of  the  Mexi- 
cans than  any  one  else.  He  had  previously,  July  20,  1845,  given 
the  department  this  assurance  :  "and  the  department  may  rest 
assurcil  that  I  will  take  no  step  to  interrupt  the  friendly  relations 
between  the  United  States  and  Mexico."  Rclyins  upon  the  faith 
of  this  assurance,  and  upon  his  better  means  of  information,  the 
dejiartment  complied  with  his  request,  and  gave  him  the  desired 
order  "for  a  forward  movement  to  the  Rio  Grande."  General 
Taylor  had  recommended  it  as  a  peace-measure,  calculated  to 
facilitate  and  hasten  the  settlement  of  the  boundtiry  question,  and 
in  that  view,  and  on  that  recommendation,  the  order  was  given.  It 
is  clear,  therefore,  that  General  Tavlor.  and  he  alone,  is  responsi- 
ble for  that  order.  If  it  was  right  and  wise,  his  is  the  merit;  and 
if  it  was  wrong,  he  ought — as  I  have  no  doubt,  he  is  perfectly  will- 
ing— to  take  the  responsibility.  I  have  no  doubt,  that  the  order 
was  an  act  of  policy  and  wisdom — nay,  of  necessity. 

But,  sir,  who  are  the  men  that  condemn  this  order,  and  for  what 
purpose  is  the  condemnation  made  at  this  time?  They  are  the 
professed  advocates  of  the  election  of  General  Taylor  to  the  Presi- 
dency, and  the  order  is  condemned  for  the  purpose  of  making  po- 
litical capital  for  themselves  and  their  candid.ate,  against  the  iJem- 
ocratic  ptirtv.  Under  the  influence  of  the  same  patriotic  motives, 
it  has  suddenly  been  discovered  by  a  portion  of  those  who  voted  for 
the  war,  that  it  was  unjust,  unnecessary,  and  uneanstitulipnal. 
They  can  see  no  hope  of  rescuing  the  ship  of  state  from  the  bands 
of  the  wicked  rulers  who  arc  directing  its  course,  except  by  the 
elevation  to  the  Presidency  of  a  man,  whose  very  name  has  been 
introduced  to  the  knowledge  of  the  civilized  world  only  by  his  ex- 
traordinary success  in  shedding  human  blood  in  tin  unjust  cause. 
By  denouncing  the  war  as  a  scheme  of  rapine  and  robbery,  they, 
in  effect,  charge  Generals  Taylor  and  Scott,  and  all  the  officers  and 
men  under  their  command,  with  being  a  band  of  successful  robbers, 
murderers,  and  pirates,  whose  only  titles  to  the  gratitude  of  their 
countrymen  is  derived  from  a  series  of  unparalleled  triumphs  m 
violation  of  the  constitution  of  their  country,  over  a  weak  and  an 
unofl'ending  people.  .Should  it  hereafter  be  to  us  a  matter  of  sur" 
prise  to  hear  all  Europe,  whose  jealousy  has  been  aroused  by  our 
growing  greatness  and  importance  among  the  nations  of  the  world, 
denounce  us  a  nation  of  robbers  and  pirates,  when  they  can  refer  to 
the  speeches  of  American  Senators  for  the  truth  and  justice  of  their 
statements?  Suppose  gentlemen  succeed  in  making  the  world  be- 
lieve that  the  war  in  which  we  are  engaged,  and  which  has  been 
sanctioned  by  the  nation  according  to  all  the  forms  and  solemnities 
known  to  the  constitution,  is  unnecessary  and  unjust — a  war  of 
rapine  and  robbery — their  only  triumph,  of  which  they  can  boast, 
will  be  that  they  have  rendered  the  name  and  the  fame  of  their 
counlry  infamous  m  the  eyes  of  Christendom.  Whose  heart  did 
not  swell  and  pulsate  with  patriotic  pride  a*  he  heard  the 
shout  oi'  the  glorious  victories  achieved  by  our  countrymen  wafted 
from  the  plains  and  mountains  of  Mexico,  striking  terror  to  the 
hearts  of  all  enemies  of  republican  institutions,  and  demonstrating 
that  ours  is  the  first  military,  as  well  as  civil  power,  upon  the 
globe?  Sir,  I  shall  never  forget  the  proud  and  grateful  emotions 
of  my  own  breast,  when  the  response  was  heard  from  all  parts  of 
the  Union  to  the  call  for  volunteers  in  the  summer  of  1846,  show- 
ing that  more  than  three  hundred  thousand  had  tendered  their  ser-- 
vices,  when  only  fifty  thousand  could  be  received.  Was  that  re- 
sponse prompted  by  a  love  of  plunder  and  robberv — or  was  it  a  pat 
triotio  response  from  the  hearts  of  freemen,  burning  with  a  I'erven? 
desire  to  avenge  their  country's  wrongs  and  vindicate  her  rights. 
ShaU  it  be  said  that  in  Republican  America  the  only  sentiment 
which  can  animate  and  arouse  the  whole  peo]ite — which  can  quell 
partizan  strife  and  obliterate  party  distinction,  for  a  time — is  an 
insatiable  lust  for  rapine  and  robbery,  upon  our  unofl'ending  and 
unfortunate  neighbors?  Such  must  be  the  fruits  of  the  victoi-y,  if 
gentlemen  triumph  in  the  efforts  they  are  now  making  in  regard 
to  this  war.  All  the  emotions  of  my  heart  and  the  feelings  of  mj' 
nature  revolt  at  the  idea.  National  and  State  pride  rebels  at  the 
thought.  My  own  State  has  sent  nearly  seven  thousand  men  to 
this  war,  and  has  ottered  up  more  lives  upon  the  field  of  battle ,  and 
sacrificed  more  by  the  diseases  of  the  country,  than  any  other  State 
in  the  Union.  Their  patriotic  deeds  of  noble  daring  have  shed  honor 
upon  the  State,  as  well  as  glory  upon  the  .n,merican  arras.  I  feel 
crateful  to  them — the  living  and  the  dead — for  the  services  they 
have  rendered  and  the  renown  they  have  won.  Every  other  State 
has  had  its  share  in  the  glory  of  this  war.  If  they  have  not  fur- 
nished as  many  men,  it  was  because  the  government  declined  to 
receive  them.  All  have  done  their  duty,  and  all  ought  to  feel 
proud  of  their  achievements. 

Mr.  BELL  took  the  floor. 

On  motion,  the  Senate  adjoiu'ned. 


202 


PETITIONS— RESOLUTIONS— BILLS. 


fWEDNESDAY, 


WEDNESDAY,  FEBRUARY  2,  1848. 


PRKSIDEKT    I'RO    TEM. 

The  VICE  PRESIDENT  being  absent  : 

On  motion  by  Mr.  BENTON,  .secondoil  by  Mr.  MANGUM, 
it  was 

Resolrcd,  Tliat  tlio  lionuialilf  ihiy'iA  R.   .\l.;lii(un   U  appoiiitrtl  rrcsiikiit  of  llif 
Sotiate,  pro  tem/iorc. 

BESOI.UTIONS,    ETC.    OF    THE    I-EOrSLATUKE    OF    LOUISIAN.\. 

'  '  Mr.  JOHNSON,  of  La.,  presnntcd  a  resolution  passed  by  the 
Legislature  ol'  tliat  Stale .  in  I'avor  ol'  the  passage  of  a  law  grant- 
ing"a  portion  of  pnhlie  lands  to  (■;ifli  of  the  ofiieers  and  soldiers, 
or"  their  legal  representatives,  who  served,  or  may  serve  in  the 
war  with  Mcxieo  ;  which  was  read,  referred  to  the  Committee  on 
Military  Afliiirs,  and  ordered  to  be  printed. 


Also, 


1   Lci^islatnrc,  in  favor  of  the  pas- 
ens  of  the  United  States,  for  losses 


sage  of  an  aet  lo  indemnify  citizens  of  the  Jnited  States,  for  losses 
by^Freneh  spoliations  prior  to  1800,  which  was  read,  referred  to 
the  Committee  on  Foreign  Relations,  and  ordered  to  be  printed. 

Also,  resolutions  of  the  snid  Legislature,  in  favor  of  the  passage 
of  a  law  authorizing  the  State  of  Louisiana  to  select  other  school 
land  in  lieu  of  such  as  are  imtit  for  cultivation  ;  which  were  read, 
referred  to  the  Committee  on  Public  Lands,  and  ordered  to  be 
printed.     . 

Also,  a  memorial  of  the  said  Legislature,  praying  an  enlarge- 
ment of  the  powers  of  .said  Legislature,  in  reference  to  the  selec- 
tion and  disposition  of  the  16th  sections  or  school  lands  ;  which 
was  referred  to  tlic  Committee  on  Public  Lands,  and  ordered  to  le 
printed. 

MEXICAN    SPOLHTlONf. 

In  presenting  the  memorial  of  Philo  B.  Johnson,  praying  indem- 
nity for  injuries  to  his  person  and  property,  conunitted  by  Mexi- 
can citizens, 

Mr.  NILES  said  that  though  the  memorial  went  somewhat  into 
detail,  yet  ho  should  request  that  it  be  read.  He  would  state 
briclly  the  suhstanuc  of  it.  The  memorialist  was  one  of  the  elaim- 
mantB  lor  spoliations  by  the  Mexican  government.  He  had  been 
subjected  to  gross  outrages  in  the  year  1831,  at  or  near  Tobasco. 
He  was  an  old  sea  captain,  now  a  resident  of  New  York,  Init  a 
native  of  the  State  which  he  (Mr.  N.)  represented.  His  whole 
life  had  been  spent  on  the  high  .sea.=,  and  having,  unfortunately, 
lost  all  his  property,  has  presented  himself  as  a  claimant  for  re- 
dress on  account  of  the  injuries  which  he  had  sustained  at  the 
liands  of  the  lawless  agents  of  the  Mexican  government.  The 
subject  had  some  bearing  on  the  great  question  before  that  body 
and  the  country,  in  regard  to  the  character  of  claims  of  citizens  of 
the  United  States  against  Mexico,  of  which  they  heard  so  much. 
It  would  seem  lo  bo  admitted  on  all  hands  that  it  has  become  the 
duty  of  this  government  to  take  care  of  those  who  had  just  and 
honcfcit  claims  against  Mexico.  This  question  had  become  one  of 
some  importance  in  relation  to  the  present  war  with  Mexico.  It 
was  in  part,  perhaps,  an  especial  part  of  the  indemnity  claimed 
from  Mexico.  It  had  been  contended,  however,  amongst  others, 
by  an  honorable  and  distinguished  gentleman,  who  had  written  a 
pamphlet  on  the  subject,  and  who  liad  been  long  in  office  under 
this  government,  that  these  claims,  being  merely  a  debt,  could  not, 
according  to  the  usages  of  nations,  be  made  the  subject  of  a  war, 
or  even,  if  he  (Mr.  N.)  was  not  mistaken,  enter  into  the  considera- 
tions connected  with  the  existing  state  of  war.  Now,  these  trans- 
actions took  phioe  years  ago.  The  public  mind  was  not,  perhaps, 
much  informed  on  the  subject,  lint  these  claims  Ivji]  boon  in  par- 
acted  upon — so  far,  at  least,  as  thev  had  come  unitor  the  adjudi- 
ciition  of  the  Convention  to  which  they  were  referred,  and 
whether  they  had  or  had  not  assumed  the  shape  and  form 
of  delits;  in  their  origina.1  character  they  were  not  debts — not 
at  all.  Of  course,  by  the  law  of  nations,  they  could  not 
interfere  to  provide  for  the  settleineut  of  a  debt  which  any  citizen 
of  the  United  States  might  have  against  the  government  of  Mex- 
ico; t  lat  did  not  come  within  the  province  ol  the  government.  But 
those  wore  claims  tirising  mider  can-  treaties  with  Mexico,  and  un- 
der the  laws  of  nations,  lor  spoliations  on  onr  commerce,  and  for 
the  robbery  and  pbuuler  of  the  property  of  our  citizens,  who  were 
doing  business  in  Mexico— thus  involving  the  gro.ssest  violation  of 
our  Hag.  The  present  was  one  of  those  cases;  the  vessel  in 
charge  of  the  memorialist  wa.i  vir>lently  sei/.cd  and  taken  po.sses- 
sion  of.  He  was  himself  violently  seized,  put  in  the  stocks  and 
incarcerated  in  a  pris-n.  He  was  compelled,  at  the  point  of  the 
bayonet,  to  carry  in  his  own  vessel  a  military  force  to  aid  in  the 
civil  wars  of  the  eounlry,  first  by  one  party,  and  then  by  the  other. 
This  was  a  fair  sample  of  the  general  eharacler  of  these  claims. 
TIloy  arose  from  violence,  from  spoliation,  from  a  gross  disroi'awi 


of  the  sober  obligations  of  national  law.  Every  one  of  these 
claims  afTorded  in  itself,  distinctly  considered,  if  not  promptly  met 
and  redressed,  a  jiistitiable  cause  of  war.  He  did  not  say  that  this 
war  arose  from  these  claims  at  all,  but  he  did  say,  that  this  ease  and 
others  showed  that  the  conduct  of  the  Me.xican  government,  to- 
wards the  United  States,  had  been  not  only  unfriendly,  but  had 
been  marked  by  every  species  of  injustice,  violence,  and  rapacity, 
unexampled  in  the  commercial  intercourse  of  any  people,  making 
the  slightest  claim  to  civilization.  It  was  not  necessary  to  say 
anything  more  on  the  subject,  as  the  memorialist  asked  that  his 
story  of  wrongs  might  be  read;  he  would  conohidc  by  mo\-ing  that 
it  be  read. 

The  memorial  havuig  been  read,  was  referred  lo  the  Committee 
on  Foreign  Relations. 

C.A.DETS. 

Mr.  BENTON  submitted  the  following  resolution;  which  was 
ordered  to  lie  printed  ; 

liEjittlprfl;  Tliat  tlie  President  tje  remiested  lo  cause  the  Senate  (o  be  informed  of  the 
order,  or  law,  by  virtue  of  wliieli  ttie  following  words  in  relation  to  rfie  promotion  of 
(.'adets  have  been  inserted  in  the  Army  Register  of  the  United  States,  page  45.  for 
the  year  1847. 

"Cadets  aeting   as  snperiuinierary  officers  in  the  army,  in  virtue  of  thair  brevet,, 
will  be  successively  jn-pmoteil  to  vacancies  of  the  lowest  grade  which  may  first  hapjjen 
in  the  parf.icnlar  arm  to  which  they  may  have  been  attached,  according  to  the  order  of  ' 
rank  established  at  the  military  acaileniy." 

LIGHTING  THE  CAPITOL. 

Mr.  HUNTER,  from  the  Committee  on  Public  Buildings,  re- 
ported a  bill  to  pay  James  Crutchett  two  thousand  dollars  for 
lighting  the  Capitol  and  Capitol  Grounds;  which  was  read  and 
passed  to  a  second  reading. 

Mr.  HUNTER  asked  the  unanimous  consent  of  the  Senate,  that 
the  bill  might  have  a  .second  reading  now. 

Mr.  NILES  objected  to  the  second  reading,  pronouncing  the 
plan  by  which  the  Capitol  grounds  were  lighted  lo  bo  a  humbug. 

After  an  explanation  by  Mr.  HUNTER  that  the  hill  was  mere- 
Iv  to  meet  a  present  emergency,  Mr.  Niles  withdrew  his  objec- 
tion, and  said  that  he  should  defer  what  he  wished  to  say  until  the 
subject  should  come  up  on  its  merits. 

The  hill  was  then  read  a  second  time,  uy  unanimous  consent, 
and  considered  as  in  Committee  of  the  Whole  ;  and  no  amendment 
being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 
The  said  bill  was  read  a  third  time  by  unanimous  consent. 
/«V.v.>^-(v/,  Thai  tliLs  lull  pass,  and  Uiat  the  title  thereof  bo  as  aforesaid. 
Ordered.  That    the    Secretary    request   the  conourrenoe  of  the 
House  of  Rciiresentatives  in  this  bill., "J 

BBIO    DOUGLASS. 

Mr.  WESTCOTT,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  memorial  of  A.  A.  Frazier,  for  hunself  and  Alvin 
Baker,  reported  the  following  resolution;  which  was  considered  by 

unanimous  consent  and  agreed  to  : 

Resolved,  That  Uie  memorial  of  A.  A.  Frazier,  for  himself  and  Alvin  Bakei, 
owners  of  the  brig  Douglass,  praying  indemnity  for  the  losses  caused  by  the  alleged 
wrongful  seizure  hy  a  British  cniiser.  lie  referreii  to  the  Secretary  of  State,  and  that 
the  Secretary  of  St.lte  be  directed  to  coniniunicale  lo  the  Senate  the  originals,  or  co 
pies  of  all  depositions  and  other  documents  and  pajiers  in  his  *d«pai1nienl  relating  to 
said  case;  and  likewise  such  corresjiondeiice  as  may  have  been'  had  with  the  British 
government,  or  its  ofliccrs,  and  onr  own.  in  relation  thereto,  which,  in  his  opinion,  inav 
he  made  public  coiisisleiil  with  tlie  public  interests;  and  that  the  Secietary  of  Stale  do 
also  make  a  report  on  said  c;isii  us  prcBciitcd  to  his  department. 

PRIVATE    BILLS. 

Mr.  WESTCOTT,  from  the  Committee  on  the  Judiciary,  to 
whom  was  referred  the  petition  of  Joseph  Do  La  Franeia,  submit, 
led  a  report  iieeompanied  by  a  bill  supnlemenlary  lo  ''Ariaet  lo 
aiilliori/.e  the  Secretary  of  Slate  to  licpnilato  certain  claims  therein 
mentioned.''  passed  the  ISth  of  April,  IXU. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  bo  printed. 

Mr.  WESTCOTT,  from  the  same  Committee,  to  whom  was 
referred  the  petition  of  I.  Bigelow,  administrator  on  the  estate  of 
Francois  Cazeau,  submitted  a  repoit  aecompanied  by  a  bill  for  the 
relief  of  the  legal  representatives  of  Francois  Cazeau,  late  mer- 
chant at  Montreal. 

The  bill  was  read  and  piwsed  to  the  second  ruading. 

Ordered,  That  the  report  ba  printeol. 


February  2.] 


THE  TEN  REGIMENT  BILL. 


203 


Ml-.  ASHLEY,  from  the  same  Committee,  to  whom  was  re- 
ferred the  bill  to  autliorize  the  Secretary  of  the  Treasury  to  make 
an  iirransement  or  compromise  with  Mangle  M.  Quackenboss  and 
his  co-obho-ors,  or  any  of  them,  for  claims  or  bonds  given  by  them 
as  sureties''to  the  United  States,  reported  it  without  amendment. 

PENSIONS    TO    THE    ORDNANCE    CORPS. 

Mr.  DAVIS,  of  Miss.,  said  that,  under  existing  laws,  the  enlisted 
men  of  the  ordnance  corps  were  exempted  from  the  benefit  of  the 
pensions  allowed  to  men  wounded  and  disabled  in  the  service  ol  the 
United  States.  Tlie  attention  of  the  Military  Committee  had  been 
drawn  to  the  fact,  and  he  was  instructed  to  report  a  bill  to  meet 
the  ease.  Before  introducing  it,  he  would  merely  remark,  that 
he  supposed  that  the  exemption  in  the  original  law  resulted  from 
the  fact,  that  these  men  were  enlisted  under  the  title  of  "artificers, 
armorers,  and  master  workmen,"  though  regularly  enlisted  as  sol- 
diers, and  liable  to  serve  in  the  HeldT  In  their  appropriate  em- 
ployment as  artillerists  they  were  exposed  to  more  hazard  than 
any  other  branch  of  the  service.  They  were  exposed  to  many  acci- 
dents and  casualties  from  the  explosion  of  the  combustible  mate- 
rials which  thev  bandied.  They  were  also  used  in  battle,  aene- 
rally  in  all  siege  trains,  and  were  placed  in  charge  of  the  artillery 
aceompanyin2-°great  marching  armies.  They  had  been  used  in  this 
war  in  working  rocket  and  howit/.er  batteries,  and  he  had  before 
him  a  statement  relative  to  a  single  company  engaged  in  working 
a  mountain  howitzer  in  Mexico,  which  in  successive  battles  in  the 
■  valley  of  Mexico,  lost  ont  of  the  one  hundred  and  twenty  men  of 
which  it  was  composed,  in  killed  and  wounded,  twentv-throe  men, 
five  killed  and  eighteen  wounded.  Some  of  the  wounded  men  were 
totally  disabled  and  had  not  been  discharged,  because  no  pension 
provision  had  been  mailc  for  them  ;  and  if  discharged,  their  disa- 
bility from  wounds  received  in  battle,  rendering  them  unable  lo  ob- 
tain subsistence,  they  would  have  been  thrown  upon  the  charity  of 
the  country.  In  view  of  these  considerations  the  present  bill  had 
been  prepared,  and  was  presented  with  a  request,  that  by  unani- 
mous consent  of  the  Senate,  it  should  be  passed  to-day,  or  as  soon 
as  the  Senate  thought  proper. 

The  said  bill  was  read  the  second  time,  by  unanimous  consent, 
and  considered  as  in  Committee  of  the  Whole;  and,  no  amend- 
ment being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Resoiretl,  That  lliia  1)111  pass,  and  that  Ilie  title  tliereof  be  as  albrpsajil.  S 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

ADVERSE   REPORT. 

Mr.  JOHNSON,  of  La.,  from  the  Committee  on  Pensions,  to 
whom  was  referred  tb»  memorial  of  Francis  O.  Dorr  and  Andrew 
C.  Dorr,  submitted  m\  adverse  report;  wliiek  was  ordered  lo  be 
»jrinted. 

ADDITIONAL    COURT    IN  TEXAS. 

Mr.  ASHLEV,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  bill  to  establish  an  additional  District  Court  of 
the  United  States  in  the  Slate  of  Texas,  reported  it  without 
amendment. 

DECISIONS    OF    THE    SUPREME    COURT. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  petition  of  Thomas,  Cowperthwaite  &  Co.,  re- 
ported a  bill  providing  for  the  purchase  and  distribution  of  the 
decisions  of  the  Supreme  Court  of  the  United  States  among  the 
several  States  and  Territories;  which  was  read  and  passed  to  the 
second  reading. 

MESS.iGE  FROM  THE  HOUSE. 

The  followina  message  was  received  from  the  House  of  Repre- 
■-ojtatives,  by  Mr.  Campbell,  their  clerk: 

Mr.  PresiiU'lit:  Tlie  Ilous*-  of  Re|itcypntatives  have  pa.sse(I  a  hill  piililleil  ".An  art 
o  confirm  the  honiulavy  hetween  Missouri  and  Arkansas;"  in  wliic-h  tliev  desiii-  the 
concurrence  of  the  Senate. 

TEN  REGIMENT  BILL. 

The  Senate  resumed  the  consideration  of  the  bill  to  raise,  for  a 
limited  time,  an  additional  military  force. 

Mr.  BELL. — Mr.  President:  I  believe  it  is  in  bad  taste  to  offer 
any  apology  for  addressing  the  Senate  on  the  ground  of  feeble 
health  or  of  inadequate  preparation,  or  for  any  other  cause.  Every 
gentleman  is  at  liberty  to  speak  or  be  silent,  as  he  may  determine 
lor  himself.  1  will,  therefore,  make  none  for  the  remarks  I  pro- 
pose to  submit,  although  they  may  not  be  characterized  by  much 
novelty.  But  this  is  a  question  of  such  unusual  importance  that  I 
think  some  allowance  may  be  made  for  gentlemen,  although  they 
may  fail  to  offer  any  thing  fresh  or  interesting  after  a  discussion 
so  long  continued  and  witli  such  ability  on  both  sides  of  the  cham- 
ber; indeed,  upon  a  subject  presenting  so  wide  a  field  for  debate, 
and  so  rich  and  varied  in  its  topics  as  the  present,  it  must  be  the 
fault  of  the  speaker  if  he  can  offer  nothing  somewhat  new. 

This  is  a  question,  sir,  on  which  I  could  not  feel  justified  in 
maintaining  silence.  I  cannot  say  with  the  Senator  from  North 
Carolina,  (Mi".  Badger,)  that  had  this  measure  Been  permitted  to 


pass  without  debate  or  a  division  by  ayes  and  noes,  I  would  have 
been  content  without  expressing  my  views  upon  it.  I  feel  bound 
to  pursue  a  different  course  for  several  reasors.  This  is  a  ques- 
tion upon  which  the  public  mind  is  peculiarly  sensitive. 

The  first  impulse  of  the  patriotic  and  reflecting  part  of  the  eom- 
munitv  in  every  section  of  the  country,  is  in  favor  of  all  supplies 
which  may  be  demanded  by  tlie  department  enirustcd  with  the  di- 
rection of  the  military  operations  of  the  government,  when  a  war 
is  flagrant.  This  measure  bears  the  impress  of  Executive  recom- 
mendation, and  those  who  oppose  it  will  be  strictly  reckoned  with. 
The  people  will  require  sufficient  reasons.  By  the  theory  of  our 
system,  our  voice  is  not  so  much  our  own,  as  that  of  the  consiitii- 
ency  we  represent.  I  came  to  Washington  expecting  to  sjive  my 
support  to  every  such  measure  as  the  present ,  that  might  lie 
brought  before  the  Senate,  and  in  doing  so,  I  would  be  responding 
to  the  general  sentiment  of  the  State,  which  I  in  part  represent — 
as  that  sentiment  existed  a  few  months  ago.  I  am  proud  to  have 
it  in  my  power  to  say  of  the  people  of  that  State,  that  they  will 
permit  no  eonsider.ations  of  party  interest  or  prejudice  to  embar- 
ass  the  government  in  I  he  prosecution  of  an  existing  war,  what- 
ever objeetions  they  m.ay  have  to  its  origin,  or  the  motives  and  ob- 
jects with  which  it' is  waged,  unless  those  objects  shall  appear  mis- 
chievous and  ruinous  to  the  countrv.  Those  objects  as  heretofore 
understood,  though  not  approved  by  a  large  portion  of  them,  yet 
as  there  seemed  to  be  no  other  mode  of  terminating  the  war  con- 
sistently with  the  avowed  policy  of  the  administration,  than  by  a 
virrorous  prosccutiou  of  it,  they  were  favorable  to  that  course. 
But,  sir,  since  the  further  dcvclopement  of  the  views  of  the  Exe- 
cutive in  the  late  message  and  other  official  docuinenis,  some  of 
them  clearly  enough,  and  others  darkly  stateil  and  shadowed 
forth,  I  must  suppose  that  a  corresponding  change  in  public 
opinion  and  sentiment  upon  this  subject  will  follow. 

Again,  sir,  I  consider,  that  lo  vote  for  this  measure  is  to  ap- 
prove, to  the  fullest  extent,  the  policy  of  the  administration  in  the 
further  prosecution  of  this  war.  To  set  in  silence  and  to  suffer  it 
to  pass  without  remonstrance,  would  be  an  acquiescence  in  that 
policy,  not  in  l4ie  power  of  those  who  are  now  silent,  when  here- 
after the  evil  is  upon  the  country,  to  retract  or  deny.  They  cannot 
say  that  tliey  were  not  sufficiently  forewarned  by  the  administra- 
tion of  what  would,  or  might  be  the  final  and  moinentuous  result, 
of  this  policy. 

I  believe, 'with  one  or  two  exceptions,  the  entire  Senate  has 
heretofore  promptly  voted  every  supply,  both  of  men  and  money, 
demanded  by  the  Executive  for' the  prosecution  of  this  war.  The 
Senator  from  Illinois,  (Mr.  Douglas,)  in  his  speech  on  yester- 
day, insisted  that  the  wliigs  of  the  Senate  had  suddenly  changed 
their  tactics,  and  are  now  in  opposition  to  their  former  liberal 
course.  It  is  my  purpose,  sir,  to  show  that  the  administration 
has  changed  its  p'olicy— that  it  is  no  longer  what  it  was  twelve 
months  ago. 

But,  Mr.  President,  I  must  be  indulged  in  a  few  other  prelimi- 
nary remarks,  before'  I  proceed  to  the  main  purpose  of  my  argu- 
ment. 

I  sliall  not  stop  to  discuss  s,everal  of  the  questions  which  distin- 
oiiishcd  Senators  seem  to  think  of  importance,  and  upon  which 
tlieyhave  employed  much  close  and  cogent  argument.  I  shall  not 
stop  to  inquire  whether  the  President,  by  his  order  to  Gen.  Taylor 
of  the  13th  of  January,  1846,  intended  to  bring  on  a  war;  whether 
he  ought  to  ha.ye  had  the  sagacity  to  perceive  that  such  would  be 
the  necessary  effect  of  that  order;  or  whether  such  was  in  lact 
its  necessary  result.  I  shall  not  inquire  whether  Mexico  or  the 
United  States  committed  the  first  act  of  military  aggression  upon 
disputed  territory;  nor  shall  I  delay  to  inquire  whether  the  war  was 
constitutionally  brought  on.  It  is  enough  for  me  that  it  exists: 
that  it  has  received  the  sanction  of  the  legislative  department  of 
.  the  government,  whatever  I  may  think  of  the  notable  device  by 
whieii  that  sanction  was  extorted.  I  shall  not  inquire  whether 
the  war  might  not  have  bbeii  avoided;  though,  I  think  it  might  and 
should.  I  shall  not  inquire  whether  llie  President  vras,  from  the 
first,  actuated  by  a  settled  purpose  of  acquiring  territory  by  con- 
quest; nor  shall'l  examine  the  cireumstanees  connected  with  the 
origin  of  the  war,  to  prove  that  it  is  unjust  and  iniquitous.  If  it 
were  so,  for  myself,  I  would  rather  seek  to  cast  a  veil  over  the 
record,  or  blot  it  out  forever.  But  in  saying  this,  I  mean  no  cen- 
sure upon  the  course  of  honorable  Senators,  or  others  who  take  a 
different  view  of  the  question.  They  doubtless  have  a  deep  and 
abiding  conviction  of  the  injustice  of  this  war,  and  their  exalted 
sense  of  duty  to  themselves  and  their  country  impels  them  to  pro- 
claim this  their  honest  conviction.  But  I  shall  neither  seek  to 
fasten  this  conviction  upon  my  own  mind,  nor  upon  that  of  others. 
For  myself  I  choose  to  indurg'e  the  pleasing  reflection,  the  illusion, 
if  it  be  one,  that  up  to  this  period,  at  least,  no  such  untoward  de- 
veloperaent  of  the  tendencies  of  our  .system  has  occurred,  as 
that  the  constituted  authorities  selected  by  the  free  and  enlighten- 
ed suffrages  of  the  peoole  have,  in  the  mere  wantonness  of  power 
and  the  unbridled  lust 'of  dominion,  perpetrated  so  great  an  out- 
rage upon  a  neighboring  nation,  and  u]ion  the  rights  of  humanity. 
Sir,  I  take  this  occasion  to  say,  that  I  have  little  sympathy  for 
the  Mexican  republic  or  the  Mexican  rulers  now,  or  at  any  receiit 
period.  So  far  as  they  could,  by  their  example,  they  have  brought 
opprobrium  and  disgrace  upon  the  cause  of  free  institutions  and 
upon  the  very  name  of  republic.  I  have  none  at  all  for  those  laith- 
less,  gasconading  chiefs,  who  have  so  long  oppressed  the  masses 
of  their  countrymen  with  their  exactions  and  all  the  evils  ol  lae- 
tion  and  anarchy.  I  can  sympathise  with  the  honest  and  enlight- 
ened patriot,  as  there  are  doubtless  some  such  in  Mexico,  who  are 


204 


THE  TEN  REGIMENT  BILL. 


[Wednesday, 


stru»<'ling  to  maintain  the  honor  of  their  country,  the  integrity  of 
their  soil,  and  tlie  existence  of  tlieir  nationality.  I  can  syrapathi/e, 
too.  with  the  ma.ss  of  unofrendinfr  inhabitants,  the  non-combatants, 
wlio  are  tlie  victims  of  war.  But,  I  repeat,  I  have  no  .sympathy 
for  iheir  vain-jilorious,  factious  chiefs,  nor  for  any  >rovernmcnt  ol 
iheir  Ibunilinp;. 

I  shall  further  avail  myself  of  this  occasion  to  state,  that  I  do 
not  hold  Mexico  to  be  altoffctlicr  blameless  of  this  war,  and  ol 
all  its  bloody  conseijuences;  neither  iji  its  orifrin,  nor  in  the  con- 
duct of  it,  on  their  part.  In  the  revolution  of  Texas;  iii  the  circum- 
stances of  connivance,  if  not  of  eneouraireiuem  ;  on  the  part  ol  the 
sovernment  of  the  United  States  attendlnc;  that  event  in  the  hnal 
annexation  of  Texas  without  first  ncgotiatin;;  the  ivjnsent  of  Mex- 
ico; she  raisht  well  feel  her  national  pride  wounded— she  might 
well,  as  the" weaker  power,  conceive  that  she  had  not  been  dealt 
with  in  that  spirit  of  conciliation  and  courtesy,  which  the  profes- 
sions of  amitv  on  our  part  made  proper.  In  truth,  the  annexation 
of  Texas  unJer  all  tlie  circumstances  preceding,  and  attending  it, 
was  not  a  very  neighborly  act  on  our  part;  nor  do  I  think,  without 
pretending  to  be  well  informed  on  the  subject,  that  the  character 
of  this  eoiuitry  was  duly  consulted  and  respected  in  the  manner  in 
which  that  act  was  consummated.  Then  Mexico  had  some  cause 
of  complaint  against  this  government.  But,  on  the  other  hand, 
we  had  causes  of  complaint  against  Mexico.  I  need  not  enumer- 
ate them.  1  do  not  say  there  was  sufficient  cause  of  war,  for 
that  might  imply  that  it  was  expedien'  to  declare  war  before  the 
collision  of  arms  on  the  Rio  Grande,  but  if  the  grounds  of  these 
complaints  had  not  been  removed;  if  she  had  persevered  in  her 
hostile  policy  towards  the  United  States,  after  all  the  usual  means 
of  conciliation  and  amicable  adjustment,  such  as  we  have  employed 
towards  other  and  more  powerful  nations  under  similar  circum- 
stances, had  been  exhausted  on  our  part;  I  cannot  say  that  we 
would  liot  have  been  justified  in  declaring  war  by  any  code  of  pub- 
lic morals  or  of  international  law  recognized  among  civilized  na- 
tions. Hence,  I  am  not  of  opinion  that  there  is  anything  in  the 
mode  of  bringing  on  this  war,  nor  in  its  past  conduct  on  our  part, 
nor  in  the  conduct  of  Mexico,  which  should  restrain  us  as  a  just 
and  magnanimous  people  if  we  think  it  expedient  to  our  interest, 
(I  speak  not  of  honor,  for  that  has  already  been  amply  vindicated — 
Mexico  b.as  fully  atoned,  both  in  blood  and  the  other  calamities  of 
war  for  any  violation  of  our  honor) — I  say,  if  we  think  it  expedient 
to  any  ot  our  great  interests,  eomraerciai  or  military,  I  can  see 
nothing  to  restrain  us  from  claiming  the  rights  of  the  conqueror  to 
any  moderate  extent  which  those  interests  require;  and  which 
would  be  neither  unreasonable  nor  oppressive  in  us  to  demand, 
nor  dishonorable  or  ruinous  to  Mexico  to  concede  as  the  vanquish- 
ed party. 

But,  sir,  it  is  a  far  dilTcrent  question  how  far  I  would  go — how 
much  more  blood — how  much  more  treasure — I  would  sacrifice  in  a 
war  waged  under  present  circiiiustanoes — ^under  the  recent  devel- 
opment of  the  policy  of  the  administration  in  the  further  prosecu- 
tion of  this  war.  The  question,  as  now  presented,  involves  not  so 
much  the  consideration  of  what  we  may  honorably  and  rightfully 
do  in  reference  to  Mexico  as  the  vanquished  party  in  a  war  of 
which  she  cannot  claim  to  he  bliunelcss  as  of  other  questions  and 
consequences,  deeply  and  vital'y  .affecting  the  Union,  and  the  poll- 
cy  and  principles  of  onr  own  governiucnt. 

I  beg,  Mr.  President,  to  be  indulged  in  a  few  other  preliminary 
remarks  which  now  occur  to  me  as  appropriate  to  the  subject. 
When  I  said  that  I  would  not  discuss  certain  questions  in  regard 
to  the  propriety  of  this  war — its  justice  or  injustice — I  beg  leave 
to  explain,  that  I  would  feel  that  I  had  a  perfect  right  to  do  other- 
wise if  I  thought  that  the  interests  of  the  country  demanded  such  a 
course.  I  have  had  sir,  a  pretty  large  experience  in  public  life, 
but  have  not,  as  yet,  disciplined  myself  into  perfect  indiirerence  or 
callousness  as  to  wliat  may  be  said — whether  in  this  body,  or  out 
of  it — in  regard  to  the  motives  which  control  my  own  course,  or 
tliat  of  those  with  whom  I  am  a.ssoeiated.  The  remarks  which  I 
am  about  to  offer  are  prompted  by  the  continued  denunciations 
which  I  meet  within  some  of  the  public  journals  of  the  day.  I  hold, 
sir,  for  <Mie,  that  gentlemen  who  believe  this  war  to  be  unjust  and 
iniquitous,  or  whether  just  or  unjust,  that  the  further  prosecution 
of  it  is  likely  to  inflict  upon  the  country  greater  evils  than  can  be 
compensated  by  all  the  territorial  acquisitions  which  the  courage  and 
resources  of  the  country  may  achieve,  have  a  perfect  right  to  arrain-n 
the  authors  and  advocates  of  it  at  the  bar  of  public  opinion,  and  to 
ihwart  them  by  all  the  means  of  sjicech,  writing  and  votinn-,  which 
the  constitution  warrants.  1  hold,  sir.  that  to  deny  to  them  the 
cicreise  of  this  privilege  by  law,  would  be  an  act  of  despotism 
under  legal  forms;  and  to  sock  to  forestall  the  exercise  of  this 
privilege  by  intimiilation,  and  Ihc  influence  of  ollicial  denunciation, 
by  charging  those  who  avail  llicmselves  of  this  )irivilcge  as  the 
allies  ol  the  public  enemy  and  Iheir  auxiliaries  in  the  war,  is  an 
attempt  al  moral  despotism,  only  to  be  excused  as  an  emanation  of 


e.xcessive  and  over-heated  zeal,  m  which  neither  the  jud'vment  nor 
dJ  ■" ' "^ " 


a  proper  regard  for  the  institutions  of  IVecdoui  liave''ha3  much  to 


Why,  sir,  after  Mexico  shall  have  fallen  under  our  conquerin"- 
arms  in  the  South,  and  the  British  possessions  in  the  North  let  us 
suppose  that  the  spirit  of  progressive  democracy,  which  is  becom- 
ing so  rife  in  the  land,  emboldened  by  past  success  should  sui-cccd 
in'converling  this  people  into  a  iinlion  of  propagandists,  and  with 
the  aid  of  such  fanatic  givings-out  as  that  it  is  destiny — that  it  is  our 

mission — should  actually  involve  us  in  a  war  with  all  Europe if  a. 

large  portion  of  the  reflecting  and  intelligent  citizens  of  this  coun- 
try should  bo  of  opinion  that  such  a  contest  can  huvu  no  other  end 


than  to  destroy  our  foreign  commerce,  exhaust  our  resources,  cvi 
the  ocean  with  pirates,  afHict  the  world  with  the  calamities  ■: 
war.  and  retard  instead  of  advancing  civilization  and  the  cause  ..1 
<'ivil  liberty,  would  they  not  be  recreant  to  their  duty  and  traitors 
to  their  country,  were  they  to  seal  their  lips  and  view  in  silence  the 
proa  less  of  such  wild  and  extravagant  schemes.  Yet,  sir,  I  dare 
avow  that  even*in  such  a  war.  we  should  find  the  organs  of  the 
dominant  party — all  the  recipients  of  Executive  patronage  all  over 
I  he  C(Oinlrv — heralding  the  same  charge  of  treason  and  alliance 
with  the  public  enemy  against  those  patriots  who  might  have  the 
courage  tn  bare  themselves  to  the  storm. 

Well,  sir.  if  in  the  present  war  there  are  those  who  honestly  be- 
lieve that  the  real  objects  of  it— that  even  those  territorial  acqui- 
sitions which  are  openly  avowed  as  the  objects  of  it  in  part — would 
prove  an  apple  of  discord  at  home,  a  source  of  dangerous  domestic 
dissension — would  be  a  curse  rather  than  a  blessmg  to  the  country — 
are  their  lips  to  be  sealed  for  fear  their  voice  may  penetrate  the 
council  chamber  of  the  government  of  Mexico,  and  disincline  it  to 
a  treaty?  Such  a  result,  evil  as  it  may  be,  is  only  one  of  the  in- 
conveniences incident  to  that  system  of  freedom  which  is  our  only 
guaranty  for  the  preservation  of  all  our  liberties,  and  the  boasted  su- 
periority of  our  own  over  all  other  forms  of  "overnment.  But,  sir, 
should  the  tone  of  remonstranci;  against  this  war  rise  so  high  in 
this  chamber  as  to  penetrate  every  vale  in  Mexico,  reverberate 
ainonfl-  her  mountains  and  rouse  the  whole  population  to  a  spirit 
of  resistance  to  the  attempt  to  subdue  them  to  our  dominion, 
there  are  those  who  beUeve  that  a  greater  calamity  may  befall 
this  country,  in  the  further  prosecution  of  this  war,  than  even  such 
a  result  as  that. 

But  it  is  said  the  w.ar  still  goes  on;  our  armies  are  in  the  field; 
the  blood  of  our  conntrymen  .still  flows  in  repeated  conflicts  with 
an  obstinate  and  infatuated  people;  our  detachments  are  cut  off"^ 
and  our  straggling  soldiers  are  daily  piexced  by  the  lances  of  the 
murderous  (ruerillcros — and  will  you  not  forbear  for  their  sakes? 
Who  forbear?  AVho  should  forbear?  The  opponents  of  this  war? 
Those  who  believe — not  that  tlie  success  of  our  arms,  but  of  the 
policy  in  support  of  wliich  they  are  employed  abroad — woidd  bring 
defeat  and  disaster  upon  our  institutions  at  home?  And  who  are 
they  who  oppose  this  war  and  the  policy  of  the  President  in  the 
further  prosecution  of  it?  Are  they  of  any  one  section  of  the  Union? 
Do  they  belong  exclusively  to  the  North  or  to  the  South?  Have 
they  shunned  the  perils  "and  privations  of  the  war  when  called 
by  the  constituted  authorities  of  the  country  to  the  support  of  her 
eagles?  They  are  those  who  have  borne  their  full  share  of  the 
burdens  of  the  war — they  are  those  who  have  given  their  full  pro- 
portion, both  of  substance  and  of  blood,  to  maintain  the  supremacy 
of  our  arms.  And  what  are  their  numbers?  I  verily  believe  that 
two-thirds  of  the  people  of  this  country  are  in  heart  opposed  to  the 
policy  of  this  war,  whatever  may  be  their  opinions  six  months 
hence;  and  but  for  the  tyranny  of  party,  the  force  of  party  obliga- 
tion, and  the  power  of  Executive  influence,  could  they  be  allowed 
to  speak— satiated  with  the  fflory  already  acquired— the  honor  of 
the  country  already  amply  vindicated— they  would  strangle  this 
hydra  to-day.  Would  their's  be  the  voice  of  faction? 
'  Who  then,  I  repeat,  should  forbear,  in  order  to  spare  the 
further  ett'usion  of  blood  in  Mexico?  The  powerful  array  of 
those  opposed  to  the  war  who  believe  that  the  further  prose- 
cution of  it,  for  the  objects  avowed,  would  be  mischievous 
and  disastrous  to  their  own  country?  Or  shall  not  the  President 
and  the  advisers  and  the  champions  of  his  policy  be  called  on  to 
yield  up  their  pride  of  consistency,  to  sacrifice  their  visions  of 
national  and,  may  be,  their  person.al  glory,  in  projected  enlarge- 
ment of  the  boundaries  of  the  republic,  upon  the  altar  of  public  har- 
mony and  of  the  Union?  Sir.  the  voice  of  a  large  portion  of  their 
countrymen  is  opposed  to  their  policy;  they  have  a  right  to  cause 
'n  to  be  heard  through  all  the  channels  of  public  intelhgencc.  It 
has  long  since  penetrated  the  interior  of  the  White  House,  and  if 
the  President  and  his  counsellors  shall  disregard  its  warnings;  if. 
having  the  jiower  in  their  own  hands,  wielding,  at  their  will,  an 
army  of  more  than  forty  thousand  of  the  choicest  troops  in  the 
world,  they  .shall  continue  to  prosecute  this  war;  if  our  gallant  fel- 
lows are  siill  destined  to  fall  by  the  hand  of  a  defeated,  but  still 
resisting  foe;  should  the  war  be  increased  in  fury  and  destruclive- 
ness,  until  the  plains  and  mountain  passes  of  all  Anahuac  run 
blood,  and  still  thi'ic  shall  be  no  treaty— no  peace- upon  whom 
will  rest  the  fearful  responsibility?  When  the  day  of  accounting 
shall  come — and  it  will  come — from  whom  will  the  country  demand 
a  reckoning?  From  those  who,  reckless  of  human  suli'ering  and  in 
despite  the  warning  voice  of  their  ov\  n  countrymen,  persevere  in 
the  execution  of  an  inexorable  and  fatal  policy. 

Mr.  President  :  I  have  occupied  more  time  in  these  remarks 
than  1  intended,  and  much  more  than  their  importance  may  besup- 
jiosed  to  justify.  I  trust,  however,  they  are  not  altogether  Inap- 
jtropriatc. 

I  have  already  stated  that  to  pass  this  bill  would  be  to  approve 
the  policy  of  the  Administralion  in  the  further  prosecution  of  the 
war.  What  is  tliat  policy  ?  I  desire  to  speak  with  all  due  cour- 
tesy and  deference  to  the  President  of  the  United  Stales,  and  his 
friends  and  supporters  on  this  floor,  but  I  would  earnestly  enquire 
what  is  the  real  policy  of  the  Administration  in  the  further  prose- 
cution of  the  war?  And  with  like  deference  to  the  distinguished 
Chairman  of  the  Committee  on  Military  Aftairs,  I  must  be  allow- 
ed to  say,  that  I  have  a  right,  not  us  an  individual,  but  as  a  mem- 
ber of  this  body,  to  a  some'what  more  explicit  expression  of  what 
he  holds  to  be' that  policy  than  he  has  hitherto  chosen  to  give  us; 
and  I  inquire  now,  what  is  the  policy  of  the  administfation  in  iha 


Fkbruary  2. J 


THE  TEN  REGIMENT  BILL. 


205 


furtbei-  prosecution  of  this  war  ?  I  know  that  one  gentleman  will 
very  readily  answer  it  is  for  the  purpose  of  "  conquering  an  hono- 
rable peace  ;"  and  another  will  reply  that  it  is  for  the  purpose  of 
securing  ''indemnity  for  the  past  and  security  for  the  future."  But 
these  are  Delphic  responses,  mere  vague  generalities,  non-com- 
mittals, and  may  be  construed  to  mean  any  thing  that  may  be  done 
in  future,  pro\ided  only  that  some  measure  of  indenmiiy  is  ob- 
tained. 

The  President  is  more  explicit  in  his  message.  He  informs  us 
that  New  Mexico  and  California  are  already  in  our  possession, 
and  must  not  be  given  up.  Tliis  is  all  very  fair  and  candiil  so  far 
as  it  goes.  But  what  further  acquisition  of  territory  is  to  be  de- 
manded of  Mexico  '!  If  none,  and  if  those  provinces  now  in  our 
possession  would  be  regarded  as  a  satisfactory  indemnity,  why  not, 
in  view  of  the  uncertainty  and  embarrassments  which  lie  ui  the 
way  of  an  early  termination  of  the  war,  fall  back  upon  those  pro- 
vinces and  hold  them,  and  thus  limit  the  waste  of  life  and  spare  the 
countrv  the  enormous  expenditure  which  attend  our  present  milita- 
ry operations  in  Mexico  ?  The  reply  will  be  :  oh  !  we  have  no 
treaty  ;  the  war  will  still  be  open  ;  we  shall  have  no  peace  !  Well, 
1  will  take  gentlemen  upon  their  own  ground.  Suppose  that  vou 
have,  or  may  have,  a  treaty  with  the  government  now  assembled 
at  Queretaro,  ceding  California  and  New  Mexico,  would  that  be 
satisfactory  to  the  administration?  I  would  be  glad  to  hear  from 
.some  honorable  Senator  whether  such  a  treaty  with  the  existing 
government  of  Mexico  would  be  satisfactory  to  the  administration, 
or  do  you  want  still  more  territory  ?  I  should  be  glad  to  hear  from 
my  friend,  the  Senator  from  Mississipni,  (.Mr.  Foote)  on  this  sub- 
ject. What  more  does  he  want  than  those  provinces  ?  I  know  that 
he  is  too  candid  and  too  courageous  to  withhold  the  expression  of  his 
sentiments. 

Mr.  FOOTE. — I  have  no  hesitation  in  answering  the  question 
proposed;  but,  in  doing  so,  desire  to  be  understood  as  having  no 
authority  to  commit  any  person  but  myself.  If  a  treaty  can  be  ob- 
tained with  some  government  in  Mexico,  entitled  to  respect  as 
such,  which  should  give  us  the  Californias  and  New  Mexico,  with 
a.  reasonable  prospect  of  such  treaty  being  observed  on  the  part  of 
Mexico,  for  one.  I  should  be  content  on  the  point  of  indemnity. 

Mr.  BELL. — I  am  gratified  with  the  bold,  unhesitating  reply  of 
the  Senator.  It  is  such  as  I  expected  from  him.  He  would  be  sa- 
tisfied with  a  treaty  made  with  the  existing  goveriunent,  on  condi- 
tion that  it  would  bring  with  it  present  and  permanent  peace. 

Mr.  FOOTE. — The  Senator  misconceives  my  meaning.  It  is  a 
qnestion  of  some  delicacy,  and  one  upon  which  I  wish  to  be  under- 
stood. It  is  true,  as  the  honorable  Senator  says,  that  for  the  pur- 
pose of  securing  peace — though  I  do  not  dread  the  result,  in  case 
they  refuse  to  make  peace — if  the  government  of  Mexico,  at  any 
time  hereafter,  or  at  present,  turns  out  to  be  such  a  government 
as  we  can  rely  upon,  and  such  territory  as  I  have  spoken  of  be 
granted  to  us,  and  there  be  circumstances  which  would  author- 
ize the  reasonable  expectation  that  the  peace  will  not  be  violated— 
I  would  be  perfectly  content. 

Mr.  BELL. — I  believe  I  understand  the  answer  of  the  honora- 
ble Senator.  I  understood  him  as  speaking  the  sentunents  of  the 
administration. 

Mr.  FOOTE.— I  speak  for  myself. 

Mr.  BELL. — I  now  imderstand,  I  trust,  something  of  the  views 
of  the  administration.  A  treaty  with  the  existing  government  of 
Mexico,  embracing  a  cession  of  such  territory  as  he  desires,  would 
be  satisfactory  to  the  Senator  from  Mississippi,  upon  the  condition 
that  it  should  bring  with  it  assurances  of  a  permanent  peace.  But 
I  desire  further  information.  What  assurance — what  guarantj-  of 
peace  do  you  demand  ?  Do  you  desire  a  further  indemnity  in  mo- 
ney ?  The  honorable  Senator  near  me  (Mr.  Cass)  will  say.  no, 
he  scorns  it.  Then,  what  further  do  you  want  than  New 
Mexico  and  California,  by  way  of  securityfor  the  future  ?  What 
says  the  honorable  Chairman  of  the  Committee  on  Militarv  Af- 
fau:s  to  this  question  ? 

Mr.  CASS  (in  his  seat,)  said  that  he  might  choose  to  answer 
when  the  Senator's  argument  was  more  fully  developed. 

Mr.  BELL. — I  wish  to  press  home  the  enquiry,  and  I  say  to  Sena- 
tors,and  particularly  to  the  distinguished  chairman  of  the  committee 
on  Military -\ffairs,  will  you  be  satisfied  with  the  cessionof  New  Mex- 
ico and  California  as  an  indemnity?  You  would;  you  want  no  more 
territory — no  money.  What  more  then  do  you  want?  If  you  say  you 
would  be  satisfied  withoul  anything  more,  then  I  pnt  the  question  to 
the  honorable  Senator,  (Mr.  C.-iss)  when  you  demand  i«deinnity  f.n- 
the  past  and  security  lor  the  future,  what  is  it  you  mean  by  -'securit  v 
lor  the  future?''  When  a  question  was  asked  in  the  progress  of 
this  discussion,  of  some  honorable  Senator  on  the  other  side  of  the 
chanaber,  as  to  the  object  of  the  administration  in  the  further  pros- 
ecution of  the  war,  the  answer  was,  indemnity.  The  chairman  of 
the  Committee  of  Militarj-  .A.tFairs  (Mr.  Cass)  sitting  in  his  place, 
added,  "and  security  for  the  future."  Moreover,  what  does  the 
message  mean  in  declaring  that  the  war  must  be  prosecuted  until 
we  obtaui  ample  indemnity  for  the  past  and  security  for  the  future? 
Will  the  Senator  answer  that  the  phrase  ''security  for  the  future" 
has  no  distinct  or  substantive  meaning;  that  it  is  merely  an  exple. 
tive,  the  efl'ect  of  careless  composition?    I  am  sure  that  th«  abla 


and  distinguished  Senator  will  not  say  so.  What  then  does  the 
honorable  Senator  say  to  the  question,  what  is  meant  by  "  security 
for  the  future  !"  I  will,  for  the  present,  answer  for  hmi  after  1 
shall  have  stated  what  I  understand  to  bo  the  real  policy  of  the 
administration  in  the  further  prosecution  of  the  war.  From  the 
dale  of  the  failure  of  Mr,  Trist's  negociation,  and  the  .splendid 
success  of  General  Scott,  the  President  and  his  advisers  no  longer 
limited  their  views  to  a  treaty  which  should  merely  cede  the  ter- 
ritories of  New  Mexico  and  California,  but  one  wliich  should  bring 
with  it  ample  security  for  the  future — -security  for  a  permanent 
peaci?.  That  I  understood  to  be  the  policy  of  the  administration. 
I  understand  that  no  treaty  with  the  existing  government  of  Mex- 
ico will  be  satisfactory,  either  to  the  administration  or  its  sappor- 
ers  on  this  floor  unless  it  can  furnish  security  for  the  future — se- 
curity for  a  permanent  peace  between  the  two  countries. 

Mr.  FOOTE.— Do  I  understand  the  honorable  Senator  as  refer- 
ring to  me  ?  I  have  already  said  that  I  would  be  satisfied  with  a 
treaty  giving  us  so  much  territory  as  is  comprised  within  the  lim- 
its of  New  Mexico  and  California — if  adequate  .security,  as  to  the 
observance  of  the  treaty  on  the  part  uf  Mexico,  should  also  be 
obtained.  I  have  always  doubted,  and  still  doubt,  whether  the 
adequate  security  could  be  obtained  without  establishing  the  .Sierra 
Madre  as  a  line  of  military  defence,  and  retaining  the  Castle  of 
San  Juan  de  UUoa  and  other  strong  places  in  temporary  oceiipancv. 

Mr,  BELL. — I  think  I  understand  the  views  of  the  honorable 
Senator.  I  do  not  desire  to  misinterpret  the  views  of  the  honorable 
.Senator,  or  of  the  administration.  I  take  the  position  that  the 
phrase  ''security  for  the  future,"  has  a  substantive  meaning.  1 
suppose  that  the  ,'idministration  can  make  no  treaty  with  the  exist- 
ing government  of  Mexico,  which  will  not  be  liaSlo  to  be  disre- 
garded and  repudiated,  the  moment  our  armies  are  withdrawn  ; 
unless  the  contemplated  securities  be  required  in  addition  to  the 
indemnity.  Then  I  press  the  enquiry  what  are  the  nature  and 
extent  of  the  "security  for  the  future"  which  will  be  demanded  of 
Mexico?  What  security  of  any  kind  can  the  existing  government, 
or  the  faction  now  in  power,  give  that  would  be  satisfactory?  Is  it  a 
mere  stipulation  in  the  treaty  for  future  peace  and  friendly  commer- 
cial relations?  I  take  it  for  granted  that  is  not  the  nature  of  the 
security  intended,  as  all  treaties  include  a  peace  and  amity  clause. 
Is  it  intended  to  stipulate  for  the  retention  of  tlie  castle  of  .San 
Juan  D'UUoa  for  a  term  of  years,  or  indefinitely?  I  cannot  sup- 
pose that  any  such  treaty  is  expected.  Is  it  in  contemplation  to 
Iiave  the  guaranty  of  any  foreign  power?  You  are  precluded  from 
any  such  resort,  by  having  proclaimed  that  you  will  sufler  no  tr.ans- 
Atlantic  powers  to  obtain  any  additional  dominion  in  America  ; 
and  you  will  not  give  them  any  pretext  for  doing  so. 

Having,  then  no  confidence  in  any  treaty  the  existing  govern- 
ment of  Mexico  can  make,  or  a  "security  for  the  future,''  what  is 
the  clear  and  ine^'^tablo  conclusion  upon  this  view  of  the  matter  ? 
Why,  that  you  neither  expect  nor  desire  a  treaty  with  any  exist- 
ing government  in  Mexico;  that  the  government  on  whidi  you  rely 
to  make  such  a  treaty  as  shall  afford  the  security  you  demand,  isa 
government  to  be  formed  and  nurtured  into  maturity  and  stability, 
under  your  tuition  and  protection.  This  mav  be  regarded  as  a 
very  bold  assertion  ;  but  I  re-assert  that  this  administration  neither 
expects  nor  desires  a  treaty  with  any  existing  government  in 
Mexico,  and  that  the  government  with  which  they  propose  to  treat 
is  yet  to  be  brought  into  existence. 

No,  sir',  the  administration  can  make  no  treaty  with  the  present 
shadow  of  a  government  in  Mexico,  ceding  New  Mexico  and  Cali- 
fornia, consistently  with  the  determination  avowed  in  the  message, 
of  "  requiring  security  for  the  future,"  The  learned  and  eloquent 
Senator  from  New  York,  (Mr,  Dix,)  in  a  speech  to  which  I  list- 
ened with  the  greatest  pleasure — a  speech,  by  the  by,  replete  with 
the  noblest  sentiments  and  the  soundest  views  and  maxims,  in 
e.'ery  part  of  which  I  concur,  except  the  conclusions  to  which  he 
caiue  in  relation  to  this  war — has  given  the  Senate  some  further  in- 
sight into  the  probable  extent  of  that  securityfor  the  futme,  which 
the  administration  proposes  to  demand  of  Mexico,  It  is  not  only 
to  guard  against  hostilities  between  the  two  powers  on  any  boun- 
dary which  may  hereafter  be  established  by  treaty,  but  to  insure 
Mexico  herself  from  the  intrusion  and  interference  of  any  foreign 
government ;  to  provide  against  any  transatlantic  sway  over  Mexi- 
cii,  to  which  tlie  present,  and  ever-recurring  factions  expose  her, 
or  rather  invite. 

This  I  take  to  be  the  solution  of  the  enigma  ;  of  the  mystic 
phrase,  "  security  for  the  future,"  so  often  repeated,  and  yet  never 
explained  by  the  advocates  of  the  measure  under  discussion.  The 
policy  of  the  administration  is  to  secure  such  a  treaty  from  such  a 
government  in  Mexico  as  will  afford  satisfactory  guarantees  for  a 
permanent  peace  on  our  own  borders,  and  prevent  any  foreign 
jpower  from  obtaining  a  foothold  in  Mexico:  and  this  war  is  toT>e 
prolonged  until  a  new  government  is  formed,  under  the  protection 
of  our  arms,  such  as  can  give  the  security  required.  I  challenge 
honorable  Senators  to  say  whether  this  is  not  the  policy  of  the  a3- 
ministration? — and  I  do  not  exclude  the  honorable  chairman  of  the 
Committee  on  Military  Affairs. 

Sir,  that  this  was  the  policy  of  the  administration  when  the  mes- 
sage was  delivered,  and  when  the  bill  was  introduced,  I  think,  is 
clear. 

There  may  be  change  in  the  policy  of  the  Executive,  in  the  fur- 
ther prosecution  of  this  war.  The  cloud  which  has,  for  some 
time  past,  been  gathering  over  the  Treasury,  and  which  every  day 
assumes  a  more  threatening  aspect,  may  have  given  birth  to  ^ 


206 


THE  TEN  REGIMENT  BILL. 


[Wednesday, 


modified  policy.  Of  this  I  can  know  nothint'  ;  l«'t  one  thins;  I  do 
know  :  If  a  treaty  is  made  with  any  existinf;  government  in  Mexi- 
co, enibraeliii;  a  cession  of  territory  only,  the  responsibility  of  advis- 
ing it  will  be  thrown  upon  the  Senate.  It  will  not  he  advised  by 
the  President.  But  in  saying  this,  I  mean  no  disparagement  to  the 
President.  I  mean  not  to  unpute  any  want  of  firmness  or  a  dis- 
position to  shrink  from  his  just  responsibility.  Sir,  1  have  no 
ranklini;  feeling  here,  (pointing  to  his  heart.)  that  I  seek  to  gra- 
tify. In  my  toil.some  ascent  up  the  hill  of  life,  I  have  long  since 
learned  the  folly,  if  not  the  wickedness,  of  indulging  such  feelings, 
the  offspring  of  past  and  fierce  political  conflicts.  My  experience 
has  taught  me,  that  the  most  grievous  injuries  a  public  man  is 
liable  to  receive,  are  inflicted  not  by  political  opponents.  The 
arrows  that  go  deepest  here  (JVIr.  B.  with  his  hand  upon  his 
heart,)  are  sped  by  friendlv  hands;  by  companions  and  co-laborers 
in  a  common  cause,  and  often  by  those  we  have  most  cherished, 
most  served.  No,  sir;  when  I  say  that  the  Presirlent  will  tlirow 
upon  the  Senate  the  lesponsibility  of  advising  such  a  treaty  as  I 
have  described,  I  mean  that  he  cannot  do  otherwise,  consistently 
with  the  policy  avowed  in  the  me.ssage.  And  if  .such  a  treaty  .shall 
be  laid  before  the  Senate,  and  it  is  reasonable  in  other  respects,  I 
would  unite  with  his  friends  in  extricating  liini  from  the  embar- 
rassment in  wliieh  he  is  placed;  believing  that  in  so  doing,  I  would 
at  the  same  time  be  extricating  my  country  from  the  evils  which 
impend  over' it.  This  I  could  cheerfully  do,  leaving  the  President 
in  the  full  enjoyment  of  all  his  honors,  and  his  reputation  unim- 
paired. 

But  Mr.  President,  if  I  have  not  mistaken  the  policy  of  the  ad- 
ministration in  the  further  prcsecution  of  the  war,  I  feel  warranted 
in  luaintainin"  that  the  largo  and  enlightened  class  of  patriotic 
citizens  every  where,  who,  though  opposed  to  the  policy  of  this 
war  from  its  commencement,  have  yet  felt  it  their  duty,  heretofore, 
to  sustain  the  Executive  in  the  prosecution  of  it,  have  been  giving 
their  support  to  a  masked  policy.  The  whole  country  has  been 
deluded  with  the  expectation  and  belief  that  it  was  the  policy  of 
the  Executive  to  coerce  a  treaty  with  any  existing  government  or 
phantom  of  a  government  that  may  exist  in  Mexico,  speedily,  and 
that  a  cession  of  some  moderate  portion  of  territory,  and  the  set- 
tlement of  unadjusted  boundaries,  were  the  only  terms  that  would 
be  exacted  from  Mexico.  The  country  has  been  led  to  suppose, 
that  whatever  measure  of  supply  might  be  demanded  would  have 
reference  only  to  an  early  termination  of  the  war;  when,  in  faet, 
consistently  with  the  policy  of  the  administration,  as  now  under- 
stood, the  war  is  to  be  prolonged  with  all  the  attendant' conse- 
quences of  a  waste  of  life  and  treasure,  indefinitely,  and  until  a 
government  shall  be  built  up  in  Mexico,  and  attain  maturity  under 
the  protection  of  our  arms,  which  can  give  the  securities  I  have 
pointed  out. 

After  all,  sir,  these  may  be  said  to  be  my  own  individual  conclu- 
sions. It  may  be  said,  that  the  policy  of  the  Executive  is  still  to 
obtain  an  immediate  treaty  with  any  government  in  Mexico,  stable 
or  unstable,  which  may  be  willing  to  treat;  and  that  the  import- 
ance I  have  given  to  the  words  '■.security  for  the  future"  is  gratu- 
itous and  unfounded.  Well,  sir,  under  this  view  of  the  que.stion, 
I  beg  leave  to  repeat  an  inquiry  I  had  before  made  If  New  Mex- 
ico and  California  would  be  regarded  as  a  sufficient  indctmiity, 
and  nothing  else  is  sought,  why-  not  fall  hack  upon  those  ter- 
ritories, which  yon  now  hold,  and  are  willing  to  admit  to  be 
a  suftieient  indemnity  V  You  say  there  will  be  no  peace!  Well, 
sir,  when  can  you  promise  the  country  a  peace,  as  the  result  of 
your  present  jilan  ?  But  yon  insist,  that  after  such  sacrifices  of 
blood  and  treasure;  after  having  conquered  in  so  many  battles;  af- 
ter having  captured  so  many  cities  and  strongholds  of  the  ene- 
my, it  would  be  inglorious  and  preposterous  to  abandon  themwith- 
«ut  a  treaty.  Here,  sir,  we  are  met  by  that  fatal  argiunent  of 
the  '■■force  of  eireumstances;'' — the  same  which  impelled  iis  into 
the  war,  and  across  the  Rio  Grande.  It  is  the  same  that  twelve 
months  ago,  after  the  battle  of  Monterey,  and  when  you  had  al- 
ready conquered  more'  than  a  third  of  the  whole  of  the  Mexican 
territory,  caused  you  to  decline  the  policy  of  a  defensive  Iin3  re- 
commended by  General  Taylor,  and  urged  by  the  distinguished 
Senator  from  South  Carolina,  who,  from  the  beginning  of  this  war, 
had  the  sagacity  to  perceive  tlu^  dangers  which  threatened  the 
country.  The  argument  then  was — we  have  gone  too  far  to  re- 
Ir'^at;  we  have  been  too  successful  to  abandon  further  operations 
without  a  treaty;  we  must  teach  the  enemy  a  lesson;  we  must 
lirostrate  the  interior  of  the  country;  we  must  carry  our  arms  into 
the  heart  of  Mexico.  Well,  sir,  you  ha\e  carried  the  war  into  the 
very  heart  of  the  enemy's  country  and  are  now  revelliinr  on  its  vi- 
ttds;  and  still  you  have  no  treaty,  no  peace.  The  arirument  founded 
on  the  force  of  circuinslances,  has  acquired  increased  weight  and 
iioportancc.  You  must  now  extend  your  operations;  yon  call  for 
ten  thousand  additional  regular  troops  to  I'liablc  you  to  overrun 
I  he  whole  country;  to  cause  the  calamities  of  war  to  be  felt  through- 
out all  her  borders,  and  you  arc  led  by  the  fmco  of  circumstances  to 
pursue  this  "ignis  futiiiis"  of  peace  and  a  treaty,  which  still  eludes 
you  and  lures  you  onward  into  the  meshes  of  Ii  policy  from  which 
you  can  never  extricate  yourselves. 

But  you  say  you  will  extricate  yourselves  ;  that  you  will  over- 
niii  the  whole  country,  lake  all  the  strong  holds  and  populous 
states,  levy  contributions,  and  in  this  way  coerce  a  treaty  ;  and  if 
tllis  experiment  should  fail,  vou  announce  your  detcrininatiim  to 
lake   the  full  measure  of  iiijemnity  into  your  own  hands. 

How  long,  sir,  is  the  war  to  be  continued  in  making  this  exper- 
iment i  one  or  two,  or  five  years  ?  The  policy  itself  indicates  that 
Wne  will  be  an  important  element  in  carrying  it  out.    You  cannot 


recruit  these  ten  new  regiment?  and  get  them  into  the  field  in  less 
than  six  or  eight  months.  In  less  than  one  year  then  vou  can  ex 
peel  no  result.  And  what  will  be  the  cost  of  this  experiment  ?  To 
maintain  an  army  of  50,000  men  in  Mexico,  without  having  any 
certain  data  iqion  which  to  form  an  estimate,  I  hazard  nothing  in 
saying  it  cannot  be  less  than  S4O,OOO,O00  per  annum.  Then  if  you 
should  succeed  in  levying  as  much  as  $10,000,000  on  the  people  of 
Mexico,  this  country  will  still  have  to  snjiply  $30,000,000.  This 
experiment,  then,  should  it  last  one  year,  will  cost  this  country  at 
least  830,000,000,  and  still  there  may  be  no  treaty  ;  and  you  may 
be  compelled  at  last  to  take  the  indemnity  into  your  own  hands  ; 
that  indemnity  being  New  Mexico  and  California,  for  it  is  under 
this  version  of  the  policy  of  the  administration  that  I  am  now  dis- 
cussing the  question  before  the  Senate.  Well,  sir,  did  it  never 
strike  honorable  Senators  who  support  the  Executive  in  making 
this  experiment,  that  if  it  should  be  crowned  with  complete  suc- 
cess, and  a  treaty  should  be  made  ceding  New  Mexico  and  Cali- 
fornia to  the  United  States,  the  whole  cost  to  the  country  will  be 
more  than  five  times  the  value  of  the  territory  ceded  ?  Sir,  I  can- 
not suppose  that  gentlemen  so  intelligent  and  so  well  informed  up- 
on the  subject,  can  have  failed  to  perceive  this  consequence,  and 
how  preposterous  it  would  be  to  pur.sue  such  a  course  of  policy 
and  for  such  a  result. 

I  now  proceed  in  my  desultory  manner,  to  notice  the  arguments 
of  honorable  Senators  in  support  of  this  bill,  and  the  proceedings 
of  the  General  in  command  in  Mexico,  in  further  confirmation  of 
the  views  I  have  already  advanced.  The  present  policy  of  the 
administration  and  its  friends  is  exceedingly  diflieult  and  embarrass- 
ing, both  to  themselves  and  the  country,  and  they  must  feel  it  to 
be  so.  While  they  must  necessarily  continue  to  keep  the  expec- 
tation of  an  early  peace  prominent  before  the  country,  their  plan 
of  operations  on  the  other  hand  has  a  directly  contrary  tendency. 
While  they  do  not  mean  to  abandon  altogether  the  idea  of  ma- 
king a  treaty  with  any  government  that  may  spring  up  in  Mexico, 
for  that  is  a  resource  which  may  become  very  conyenient,  yet  their 
measures  are  adapted,  and  their  operations  conducted  with  refer- 
renee  to  the  more  settled  policy  of  encouraging  the  establishment 
of  a  government— a  government  under  the  protection  of  our  arms — ■ 
or  of  holding  and  governing  the  country,  until  by  the  experience 
of  the  '■justice  of  our  sway,"'  as  indicated  by  the  honorable  Chairman 
of  the  Committee  on  Military  Affairs  at  the  close  of  his  argument, 
the  people  of  Mexico  shall  be  disposed  to  make  such  a  treaty  as 
the  honor  of  the  country  demands. 

The  diflioulty  and  embarrassment  of  the  argument  in  support  of 
the  measure  before  the  Senate,  under  such  circumstances  are  man- 
ifest, and  it  struck  me  as  an  incident  deserving  notice,  that  the  dis- 
tinguished Senator  who  introduced  the  bill,  should  avail  himself  of 
the  earliest  occasion  to  say,  that  he  knew  no  more  of  the  policy  of 
the  administration,  in  the  prosecution  of  the  war.  than  what  ap- 
pears in  the  official  documents.  Yet,  I  regarded  it  as  such  an 
avowal,  as  a  gentleman  of  his  distinction  and  eminence  in  the 
country  might  feel  himself  called  upon  to  make.  His  position  in 
the  body  is  one  both  delicate  and  important,  and,  whatever  his 
individual  opinion  may  he  upon  some  particulars  of  the  policy 
adopted  by  the  Executive  Department  of  the  Government,  he  may 
feel  constrained  to  sanction  thein.  I  can  make  many  allowances 
for  a  gentleman  occupying  the  delicate  and  important  relation  to 
the  President  which  he  now  does,  as  Chairman  of  the  Committee 
on  Military  Ali'airs. 

That  distinguished  Senator  in  his  speech  upon  this  subject,  con- 
fined himself  mainlv  to  the  views  presented  in  the  report  of  the 
Secretary  of  War;  and  throughout  his  argument,  the  expectation 
of  an  early  treaty  was  never  lost  sight  of,  while  the  reasoning 
employed,  will  be  seen  to  be  based  upon  the  idea  of  a  continuance 
of  the  war. 

The  argument  first  advanced  in  support  the  measure,  was  that 
our  army  in  Mexico  was  in  danger.  (Mr.  C.\ss  shaking  bis  head.) 
I  find  that  I  am  mistaken.  The  argument  then  was,  that  contin- 
gencies may  arise  endangering  the  array.  The  people  of  Mexico 
who  have  failed  to  make  an  obstinate  resistance  at  the  commence- 
ment  of  the  war,  may  be  roused  by  a  protracted  invasion  to  a  high 
degree  of  energy  and  courage.  He  annoimccd  to  us,  that  our 
army  is  in  the  midst  of  eight  or  ten  millions  of  a  hostile  popula- 
tion. This  is  an  argument  which  appears  to  me  to  be  addressed 
to  our  fears,  and  the  popular  feeling  which  may  be  supposed  to 
exist  in  such  an  emergency.  I  cannot  say  that  it  is  one  addressed 
to  the  reascm  and  jiulgmcnt  of  the  Senate.  I  need  not  say  that  if 
any  just  grounils  omi  be  shown  to  exist  for  supposing  tltat  our 
army  is  in  danger,  that  'here  is  not  a  Senator  present,  who  would 
not  promptly  vole,  not  ten  only,  but  twenty,  fifty,  or  any  number 
of  regiments  that  might  be  demanded,  to  insure  its  safety.  But 
what  are  the  facts,  as  to  the  perilous  condition  of  our  army  ?  We 
have  now  not  less  than  forty-five  thousand  troops  in  all  Mexico. 
and  new  recruits  arc  still  going  forward.  There  are  not  less  than 
thirty-two  thousand  men,  under  General  Scott;  and  this  is  the  ar- 
my said  to  be  in  danger.  I  desire  to  make  a  brief  reference  to 
what  our  troops  have  done,  that  wc  may  infer  what  they  will  or 
<'an  do.  To  say  nothing  of  the  preceding  brilliant  and  unsurpassed 
achievements  of  General  Taylor,  we  have  seen  him  at  Buena 
A'ista,  with  nil  army  of  less  than  five  thousand  men — of  whom  not 
more  than  six  hundred  wore  regulars,  and  the  remainder  nndisci- 
l^ilined  volunteers,  who,  as  it  has  been  properly  said,  had  never  be- 
lore  heard  the  report  of  a  hostile  ■gun — not  only  repulse,  but  route 
and  disperse  an  army  of  twenty  tlionsand;  an  army  the  best  dis- 
ciplined and  best  appointed  that  Mexico  had  been  able  to  bring  into 
the  field,  since   the  beginning  of  the 'Vfrarj  and  withal,  supported 


Februaky  2.] 


THE  TEN  REGIMENT  BILL. 


207 


by  a  heavy  train  of  artillery.  This  he  did  in  an  open  field.  If  the 
Senator  from  Illinois  (Mr.  Douglas,)  were  present,  I  would  say 
that  it  was  a  very  obstinate  proceeding  on  the  part  of  General 
Taylor,  not  to  be  willing  to  be  sacrifieed;  to  be  driven  across  the  Rio 
Grande,  and  tlicncehome  in  disgrace.  We  next  see  General  Scott 
with  less  than  twelve  thousand  men,  landing  at  V'era  Cruz,  in  the 
face  of  the  enemy,  attacking,  and  compelling  the  surrender  of  the 
city,  together  with  the  Castle  of  San  Juan  d'Ulloa.  In  a  very 
short  time  after,  we  see  him  with  eight  thousand  troops,  storm- 
ing the  batteries  of  the  enemy,  and  carrying  the  heights  of 
Cerro  Gordo,  defended  by  an  army  twelve  thousand  strong.  The 
fortification  of  Perole  and  the  city  of  Puebla,  witha  popula- 
tion of  80,000  inhabitants,  panic  stricken,  fall  before  him  without 
resistance.  After  refreshing  his  troops  and  rl^cciving  some  rein- 
forcements, we  next  see  General  Scott  precipitating  himself,  with 
an  army  of  not  more  than  ten  thousand  men,  upon  the  valley  and 
city  of  Mexico,  defended  by  30,000  armed  men.  assaulting  and 
carrying  the  enemy's  wprks  at  every  point;  and  after  a  series  of 
sanguinary  conflicts,  running  through  several  days,  with  his  army 
reduced  to  6,000,  capturing  by  main  I'orce  the  city  itself,  and  tri- 
umphantly planting  the  banner  of  his  country  upon  the  so  called 
palace  of  the  Montezumas.  At  no  time  during  the  course  of  these 
operations  had  General  Scott  more  than  15,000  troops,  on  his  whole 
line  extending  from  Tampico  to  the  city  of  Mexico.  Upon  this 
same  line  he  has  now  an  army  of  thirty-two  thousand,  well  provid- 
ed in  every  respect.  It  is  under  snch  circumstances  that  oiu'  army 
is  said  to  be  in  danger.  Sir,  I  cannot  suppose  that  the  argument 
upon  this  ponit  is  entitled  to  any  weisrht  watever. 

The  next  argument  submitted  in  support  of  this  measure  is,  that 
after  providing  for  the  safety  of  the  army,  and  the  continued  occu- 
pation of  our  present  conquests,  it  is  intended  to  extend  the  mili- 
tary operations  to  such  other  strongholds  and  rich  and  Tpopulous 
districts  as  it  may  be  thought  expedient  to  occupy.  Very  well; 
upon  this  point  I  regret  that  the  distinguished  chairman  of  the 
Committee  on  Military  Aliairs,  who  is  so  able,  did  not  favor  us 
with  any  estimates  of  the  amount  of  force  that,  in  his  judgment, 
would  be  necessary  to  hold  the  large  towns  and  states  or  districts 
already  in  our  possession.  I  am  surprised  that  we  are  furnished 
with  no  such  estimates  from  any  member  of  that  committee,  al- 
though there  are  several  distinguished  Senators  on  that  committee 
who  have  been  connected  with  military  service.  I  pretend  to  no 
competency  to  make  such  an  estiraa'.e  We  are  left  pretty  much 
to  grope  our  way  in  the  dark  upfui  this  point.  SliU  some  data  we 
may  glean  from  the  reports  of  the  oHicers  of  the  army  connected 
witli  the  late  splendid  successes.  We  learn,  for  example,  that  the 
gallant  Col.  Childs  held  Puebla,  which  by  some  estimates  contains 
a  population  of  80,000,  with  a  force  of  no  more  than  500  elTeetive 
men,  for  thirty  days  and  nights,  and  during  a  part  of  that  time, 
against  the  assaults  of  8,000  troops. commanded  by  Santa  Annahim- 
self.  Upon  the  line  extending  from  Tampico  to  Mexico,  I  therefore 
estimate  that  500  troops  will  be  quite  a  sufficient  protection  for  Tam- 
pico; 1,000  for  Vera  Cruz,  with  the  addition  of  the  marine  stationed 
off  that  city;  for  Jalapa,  500;  as  many  more  for  Perote;  the  same 
number  for  Puebla,  and  2,000  for  the  city  of  Mexico;  in  all  5,000  men. 
In  tliis  estimate  I  take  into  view,  that  wherever  our  army  makes  its 
entry,  it  disperses  the  army  of  the  enemy,  captures  their  artillery, 
and  other  munitions  of  war,  and  disarms  the  population,  leaving 
them  no  resource  for  further  resistance.  I  also  take  into  view  that  in 
whatever  town  or  city  detachments  of  our  army  are  stationed, 
large  numbers  of  our  citizens  finds  their  way  there,  who,  upon  any 
sudden  emergency,  will  be  ready  to  perform  military  duty.  I  can- 
not suppose  that  there  are  at  this  moment  in  the  city  of  Mexico 
ulone,  less  than  a  thousand  of  such  auxUiaries;  and  if  we  include 
the  teamsters  and  others,  attached  to  the  stall' of  the  array,  a  much 
larger  number. 

Then,  sir,  we  have  it  admitted  that  General  Scott's  force  is  now 
not  less  than  3;J,000  men,  of  all  arms,  upon  his  whole  line  from 
Tampico  to  the  city  of  Mexico.  Of  those,  let  us  suppose  that 
some  5000  will  be  at  all  times  on  the  sick  list,  or  otherwise  disabled, 
still  there  will  remain  an  cfl'cetive  force  of  some  27,000.  But  let 
it  bo  taken  for  granted  that  the  whole  efl'ective  force  at  any  one 
time,  will  not  exceed  25,000  rank  and  file,  you  will  have  a  force, 
after  deducting  the  5,000  I  have  estimated  as  sufficient  to  hold 
your  present  conquests  in  that  quarter,  of  20,000.  which  can  be 
moved  in  columns  upon  whatever  other  strongholds  and  populous 
districts  you  may  think  it  expedient  to  seize  and  occupy;  and 
which  you  announce  as  your  present  plan  for  coercing  an  early 
peace. 

Well,  sir,  is  not  a  disposable  force  of  20,000  men  sufficient  for 
that  purpose  '■  When  all  your  past  conquests  by  General  Scott 
have  been  achieved  by  a  force  not  exceeding  15,000  at  all  points; 
and  now  that  the' armies  of  the  enemy  have  been  dispersed,  their 
munitions  of  war  captured  or  destroyed,  tbcir  financial  resources 
exhausted,  shall  it  be  said  that  a  force  of  32,000  men  is  not  adequate 
lor  the  further  prosecution  of  the  war  in  the  interior  of  Mexico  ? 

The  honorable  Senator  to  enforce  the  argument  in  favor  of  the 
immediate  adoption  of  the  measure  under  debate,  and  in  pursuani'e 
ol  the  policy  of  raising  a  revenue  in  Mexico  for  the  support  of  our 
army,  informed  the  Senate  that  it  was  very  desirable  to  take  and 
,-oceupy  the  rich  mining  states  of  Zacatecas  and  San  Luis  Potosi. 
Well,  sir,  this  argument  of  the  honorable  Senator  had  scarcely  es- 
caped from  his  lips,  when,  unluckily,  news  reached  Washington 
that  two  columns  or  divisions  of  the  army  were  now  being  orga- 
nized and  were  expected  soon  to  march  upon  these  important  po- 
sitions; and  before  this  news  grew  cold  and  following  close  upon 
its  heels,  we  are  put  in  receipt  of  a  general  order  of  the  command- 
ing-general to  the  army  to  hold  itsolt  in  readiness  to  overrun  all 


Mexico.  Confident  in  his  resources  and  the  sufficiency  of  the  force 
already  in  the  field,  he  makes  no  reference  to  reinforcements  as 
expected  or  desired.  To  pursue  this  part  of  the  argument  a  little 
furtlier:  let  us  suppose  Zacatecas  and  San  Luis  Potosi  are  now  in 
our  possession,  and  that  Queretaro  will  soon  follow — if  you  esthnate 
the  force  necessary  to  hold  each  of  these  slates,  as  high  as  2,000, 
makmg  6.000  in  all,  you  w-iU  still  have  a  force  of  14,000  at  your 
disposal,  with  which  you  can  take  and  occupy  other  strongholds 
of  the  enemy,  keep  your  communications  open,  and  reinforce  the 
divisions  of  the  army  at  any  point  which  may  require  to  be 
strengthened. 

But,  sir,  the  main  object  of  those  extended  operations  of  the  ar- 
my is  declared  to  be,  to  cause  the  pressure  of  the  war  to  be  felt  by 
the  whole  population,  to  levy  contributions,  to  seize  the  public 
revenues  into  our  hands  for  the  support  of  our  army,  and  thus  to 
dispose  the  minds  of  the  Mexicans  to  a  speedy  termination  of  the 
war  by  a  treaty.  Well ,  sir,  even  while  the  argument  is  pressed  bv 
the  honorable  Senator  upon  this  point,  by  another  arrival  of  dc. 
spatches  from  Mexico  we  are  advised  that  General  Scott  has  al- 
ready, under  instructions  from  the  government  at  Washington, 
issued  an  order  for  carrying  this  branch  of  its  policy  in  the  further 
prosecution  of  the  war,  into  effect.  But  what  do  we  see  upon  looking 
into  the  order  of  Gcu.  Scottt  By  a  single  stroke  of  his  pen  he  abol- 
ishes the  entire  amount  of  transit  duties  and  of  the  ta.xos  exac- 
ted at  the  gates  on  all  supplies  to  her  city  population;  a  branch  of 
revenue  which  has  heretofore  yielded  four-and-ahalf  millions  to  the 
government,  and  the  one  of  all  others  felt  to  be  the  most  burthen- 
some  and  oppressive  upon  the  people  of  Mexico  !  I  am  aware, 
sir,  that  it  may  be  said  that  the  revenue  thus  abolished  may  be 
supplied  b)'  the  increased  productiveness  of  the  country,  stimulated, 
as  it  will  be,  by  this  salutary  exemption;  that  the  revenues  from  all 
other  sources  will  be  augmented.  I  am  aware,  too,  that  by  another 
order  of  General  Scott,  the  amount  of  revenue  assessed  upon  the 
different  states  is  greatly  increased  beyond  the  amount  exacted  un- 
der the  Mexican  government.  But.  I  do  not  forget  at  the  same 
time,  that  General  Scott  in  pursuance  of  the  jiolicv  of  the  govern- 
ment  at  Washington,  and  looking  to  a  continued  occupation 
of  the  country,  has  abolished  other  large  sources  of  revenue. 
For  example,  lotteries  are  abolished  and  the  tobacco  monopo- 
ly is  to  cease  afler  this  year  !  The  proposition  is  that  the 
people  of  Mexico,  in  the  further  prosecution  of  this  war,  are 
to  be  made  to  feel  its  burthens,  and,  by  the  aggravated 
calamities  brought  upon  them  by  subjecting  their  resources  to 
the  support  of  our  army,  to  reconcde  them  to  a  treaty.  But 
instead  of  increasing  their  burthens,  you  relieve  the  industrial 
and  enterprising  classes  of  the  inhabitants  of  a  burden  which, 
under  their  own  government,  they  held  to  be  most  oppressive. 
While  you  declare  that  your  policy  is  to  increase  the  burdens  and 
calamities  of  the  war,  you  lighten  existing  burdens.  Instead  of 
aggravation,  your  policy  is  one  of  conciliation.  Instead  of  cau:^. 
ing  your  military  occupation  to  'be  felt  as  a  grievance,  you  pursue 
a  course  calculated  to  display  the  beneficence  of  your  sway.  The 
industrial  classes  embrace  a  part  of  all  the  varieties  of  race  of 
which  the  population  is  compounded;  some  of  pure  Indian  blood, 
others  of  the  casts  or  mixed  races,  and  a  considerable  proportion 
of  whites,  and  these  compose  the  strength  of  what  is  called  the 
Puros  party  in  Mexico.  This  is  the  party  which  your  plan  of 
raising  a  revenue  for  the  support  of  your  army  tends  to  conciliate. 
Yet  this  is  the  party  which,  at  every  step  of  your  progress,  from 
the  commencement  of  the  war,  has  resolutch*  opposed  a  treaty. 
They  declare  that  your  military  occupation — -your  military  govern, 
raent — is  preferable  to  the  domination  of  their  own  factions.  The 
withdrawal  of  your  army  is  what,  it  is  said,  thev  most  dread. 
They  want  your  protection;  the  benefits  of  your  free  mstitutions,  and 
the  support  of  your  power  and  resources.  This,  too,  is  the  party 
in  Mexico  by  the  aid  of  which  you  expect  to  establish  such  a  gov- 
ernment as  can  give  you  a  treaty  with  the  security  for  the  future, 
which  you  demand.  It  has  been  proclaimed  by  the  semi-official 
organs  of  your  own  government,  that  this  party  desire  annexation 
to  the  United  States.  You  have  then  already  taken  the  first  step 
in  the  policy  indicated  in  the  message,  and  in  the  debate  upon  this 
question,  of  encouraging  the  formation  of  a  new  government  to  be 
foundeil  on  truly  republican  principles.  You  are  already  in  alli- 
ance with  them;  and  inasmuch  as  you  say,  that  it  is  your  policy, 
in  the  vigorous  prosecution  of  the  war  to  enforce  a  speedy  peace, 
and  this  Puros  party  is  known  to  be  opposed  to  a  treaty,  you  may 
be  said  to  be  the  allies  of  the  public  enemy.  Such  are  the  incon- 
sistencies of  your  avowed  policy  at  home  not  your  proceedings  in 
Mexico;  inconsistencies  necessarily  the  result  of  tlie  complex  and 
double  poUcy  which  had  been  adopted  by  the  administration. 

Now,  sir,  am  I  mistaken  in  the  position,  that  the  administration 
has  abandoned  the  expectation  of  a  treaty  with  any  e.xisting  gov. 
ernment  in  Mexico;  and  that  this  war  is  to  be  prolonged  until 
such  a  government  is  established  under  your  protection,  as  shall 
be  able  to  give  you  security  for  the  Juture?  I  shall  lose  the  point 
of  my  argument  if  this  is  not  so;  and  I  will  thankfully  listen  to  any 
explanation  from  the  honorable  chauman  of  the  Committee  on 
Military  Affairs,  for  I  intend  to  build  upon  it. 

The  usual  hour  of  adjournment  ha\ing  arrived,  it  was  suggested 
that  the  Senator  should  defer  the  remainder  of  his  remarks  till  to. 
morrow. 

Mr.  BELL  signified  that  he  should  be  glad  to  be  so  indulged. 

Mr.  CASS.— For  myself,  as  an  mdividual  member  of  the  Senate, 
I  can  say  it  will  give  rae  great  pleasure  to  extend  to  the  Senator 


208 


THE  TEN  REGIMETNT  BILL. 


[Wedkesday, 


the  indulgcnco  which  he  desires,  in  the  statfi  of  his  health,  to  ad- 
journ this  debate  till  to  morrow,  in  order  to  afford  him  an  oppor- 
tunity to  finish  his  remarks.  The  honorable  Senator  has  made 
two  or  three  allusions  in  the  course  of  his  speech,  which  I  cannot 
but  rei^ard  as  personal  to  myself,  and  it  is  in  reference  to  them  I 
now  desire  to  say  a  few  words.  The  Senator  repeatedly  chal- 
Icnccd  contradiction,  pausing,  as  though  he  wished  and  expected 
a  repiv-  Assuming  certain  facts  as  the  basis  of  his  argument,  he  inti- 
mated we  knew  they  were  true,  but  when  I  arose  to  put  the  mat- 
ter right  at  the  moment  the  error  was  committed,  I  found  the 
honorable  Senator  wished  to  eontinne  his  argument,  with  his  facts, 
as  he  assumed  them,  till  he  had  terminal ed  liis  part  of  the  debate. 
With  a  good  deal  of  emphasis  the  Senator  repeatedly  asked — 
''What  do  you  want?"  Addressing  Senators  on  this  side  of  the 
chamber,  ho  asked — ''What  do  you  demand  from  Mexico?"  And 
it  really  seemed  as  if  he  expected  one  would  ri.sc  and  .say,  that  he 
■wanted  this,  and  another  that  he  wanted  that,  and  that  the  whole 
Senate — both  sides  of  it,  I  suppose — was  to  be  polled  in  this  new 
kind  of  canvass,  and  to  give  their  opinion  and  vote  respecting  the 
specific  terms  we  ouirht  to  demand  from  Mexico.  We  are  en- 
gaged in  a  war  with  a  foreign  nation.  Its  course  so  far  has  been 
prosperous  and  glorious,  but  no  human  being  can  predict  its  con- 
sequences, or,  when  or  how  it  will  terminate.  In  this  state  of 
things,  it  would  be  a  most  extraordinary  instance  of  legislative  im- 
prudence, if  each  member  of  this  body  should  announce  his  own  plan 
and  policy,  tmd  denounce  the  projects  of  every  other  one.  But, 
sir,  all  that  a  prudent  Senator  ought  to  do,  would  be  to 
lay  down  certain  general  principles — such,  for  example,  as 
indemnity  and  security,  amplifying  his  views  of  them  as  he 
pleased,  without  undertaking  to  specify  precisely  what  ought  or 
ought  not  to  be  accepted.  And  if  the  honorable  gentleman 
had  referred  to  some  of  my  remarks  previously  made  in  the  ses- 
sion, he  would  have  discovered  my  views  of  this  matter.  I  dis- 
tinctly stated,  that  the  incipient  steps  of  the  negotiation  were 
given  to  the  President  by  the  constitution,  and  that  though  I  could 
not  expect  the  gentlemen  on  the  other  side,  to  have  the  same  con- 
fidence in  the  Executive  as  myself,  and  my  friends  on  this  side  have, 
for  one  I  was  satisfied  to  leave  them  there,  and  to  content  myself 
with  iniestigaiiiig  the  matter,  when  it  came  before  the  Senate,  and 
with  votms  aye  or  no  upon  the  treaty.  It  was  my  view  then,  and 
I  entertain  the  same  sentiments  now. 

The  Senator  has  made  many  allusions  to  the  principle  laid  down 
by  the  President,  and  has  emphatically  repeated  the  terms,  indem- 
nity and  security— security  and  indemnity,  as  thoujh  they  an- 
nounced some  new  discovery  in  diplomacy,  and  asks  in  a  trium- 
phant tone  what  they  mean  >  Tlie  honorable  Senator  from  Dela- 
ware (Mr.  Cl.^yton)  had  previously  made  the  same  impiiry,  and 
he  also  seemed  startled  as  though  some  new  doctrine  and  practice 
'were  to  mark  our  negotiations  in  Mexico.  I  will  not  take  that 
honorable  gentleman's  witty  definition,  that  indemnity  means  half 
and  security  the  other  half,  but  I  will  say  that  if  indemnity  means 
half,  or  whatever  else  it  means  more  or  less,  security  means  cer- 
tainty and  safety  for  its  protection. 

Mr.  President  :  In  the  modern  diplomacy  of  Europe,  for  the  last 
three  centuries,  the  principle  of  indemnity  and  security  is  as  -tt'ell 
known,  and  enforced,  as  any  other  principle  of  national  intercom- 
munication. There  are  two  objects  for  which  security  may  be  de- 
manded, depending  upon  existing  circumstances.  One  has  refer- 
ence to  an  unstable  government,  and  the  other  to  an  intractable 
hostile  people  ;  which  of  these  .securities  this  government  mav 
think  it  necessary  lo  demand,  or  whether  both,  and  of  what 
nature  and  extent,  it  is  not  for  me  to  determine.  These  ques- 
tions are  with  the  Executive.  There  the  constitution  has 
placed  them,  and  there  I  am  willing  to  leave  them.  Does  the 
gentlemen  suppose  that  this  government  will  make  a  treaty  with- 
out some  rea.sonable  prospect  of  its  observance,  or  without  adopting 
the  necessary  precautions  for  fidelity  and  good  faith  on  the  part  of 
Mexico?  When  the  allies  entered  ParisT after  the  fall  of  Napo- 
leon, the  restored  dynasty  found  the  feelings  of  the  French  nation 
against  them,  and  their  political  condition  was  uncertain  and  tot- 
tering. The  great  powers  therefore  kept  militarv  possession  of 
Paris,  and  of  .some  other  portions  of  France,  as  security  till 
the  new  government  could  gain  strength,  and  evince  a  power 
and  disposition  to  comply  with  their  engagements.  I  merely  refer 
lo  the  fact  in  illustration  of  the  gcneralprinciplc,  and  not  because 
I  havethe  slightest  knowledge  cif  the  nature  of  the  security, which  the 
Kxecutivc  means  to  demand.  Many  other  cases,  sir,  have  hap- 
pened, and  many  more  may  be  imngii'icd,  in  which  lempornrv  pos- 
session of  important  positions  in  a  country  may  have  been,  or  may 
he,  necessary,  where  a  feeble  government  holds  the  power,  in  order 
to  provide  against  its  fall,  if  it  should  fall  bcfm-e  its  enira'wments 
arc  fulfilled.  *=  " 

Again,  with  regard  to  a  hostile  and  intractable  people,  it  may 
be  necessary  to  obtain  security  against  their  imf.iifnrlly  ilisposition 
An  open,  indefensible  country,  or  a  river  which  may  bo  crossed  any 
where,  almost  from  its  source  to  its  mouth,  may  iiot  be  re^arde'd 
as  adording  proper  security  against  border  incursions.  A  range  of 
mountains — a  natural  barrier,  ni:iy  he  necessary.  Anil  in  connec- 
tion with  this  topic,  I  will  remark,  that  the  resolutions  of  the  hon- 
orable Senator  from  Indiana  (Mr.  ll.\NNi:f;,\N-,)  have  led  me  to  in- 
vestigate this  subject  more  narrowly  than  I  had  done  before  and  I 
Jim  perfectly  satisfied  he  is  right,  and  Mint  the  Sierra  Madre  would 
make  the  proper  boundary  between  us  and  Mexico  on  that  frontier- 
and,  as  one  member  of  the  Senate,  I  hope  this  boundary  will  be  ob- 
tained That  ridge  of  mountains  is  an  extraordinary  one  com- 
mencing  at  the   Gulf  of  Mexico  and  running  five  or  six  hundred 


miles  to  the  Passo  del  Norte,  and  with  not  more  than  five  or  six 
passes  through  which  man  can  penetrate  it.  The  rest  is  an  eter- 
nal, impenetrable,  impassable  barrier — a  natural  wall  which  laughs 
to  scorn  that  of  China  ;  and  beyond  is  the  great  desert  destitute 
of  water,  and  across  ■which  hostile  expeditions  can  be  pushed  on- 
ly with  great  difficulty.  A  very  small  force  would  hermetically 
close  these  passes  through  the  ridge,  and  give  us  full  security  for 
our  indemnity  on  that  side. 

The  honorable  Senator  said  he  would  astonish  us  with  some  of 
his  remarks.  He  has  fully  redeemed  his  promise,  and  I  confes.? 
myself  very  much  astonished  indeed.  He  seems  to  assert  as  a  fact , 
and  not  to  deduce  as  a  conclusion,  and  calls  upon  us  to  contradict 
it,  if  it  is  not  so,  that  the  Administration  does  not  desire  a  peace 
with  the  government  of  Mexico. 

Mr.  BELL. — I  did  not  say  that.  I  said  that  this  Administration 
had  no  confidence  in  the  security  •svhich  any  treaty  with  the  exist- 
ing government  of  Mexico  could  give  for  future  peace,  and,  there- 
fore, did  not  desire  a  peace  -with  any  existing  government  unless 
with  security,  which  they  did  not  believe  the  government  could 
afford. 

Mr.  CASS. — The  gentleman  seems  to  assume  as  a  given  fact, 
beyond  dispute,  and  bases  upon  it  his  argument,  that  the  govern- 
ment does  not  desire  a  peace.  And  he  stated  expressly,  that  if 
the  fact  fails  his  argument  fails  with  it.  Now,  sir.  I  never  heard 
one  word  of  this  belore.     If  such  be  the  case,  the  gentleman   has 

fenetrated  far  deeper  into  the  recesses  of  Executive  secrets  than 
have  done.  X  believe  that  the  Administration  is  not  only  willing 
but  desirous  to  make  a  treaty  with  any  government  in  Mexico, 
whose  authority  is  recognized  there,  and  to  run  the  risk  of  proper 
security  for  the  maintenance  of  it. 

Mr.  BELL. — What  security  can  any  government  which  now 
exists  in  Mexico  give? 

Mr.  CASS. — We  have  not  yet  got  to  that  point.  No  govern- 
ment in  Mexico  has  yet  made  a  treaty;  our  difficulty  is  not  in  the 
ob.scrvnnce  of  the  stipulations  of  a  treaty,  but  in  its  formation. 
They  have  utterly  refused  to  enter  into  any  negotiation  with  us. 
It  is  not  that  there  is  an  unstable  government,  but  that  the  govern- 
ment rejects  our  ofl'eis.  That  is  the  difficulty  we  have  experienced 
from  the  commencement  of  the  war. 

Mr.  BELL. — The  very  argument  I  assume  is,  that  if  they 
should  make  a  treaty  you  would  have  no  confidence  in  it,  as  every 
treaty  contains  a  clause  of  amity  and  peace.  Then.  I  want  to 
know,  whether  the  honorable  gentleman  would  consider  any  treaty, 
by  the  existing  government  of  Mexico,  ceding  the  provinces  of 
New  Mexico  and  California,  as' bringing  with  it  "the  security  for 
the  future,"  which,  according  to  his  construction,  the  phrase  im- 
plies ?  And  would  they  rely  upon  such  a  treaty  as  aflording  the 
security  1 

Mr.  CASS. — The  gentleman  asks  me  'whether  a  stipulation  for 
peace  and  amity  would  be  regarded  as  security?  Why,  such  a  decla- 
ration alone  would  not  be  regarded  as  security  from  any  unstable  go- 
vernment. Something  more  would  be  necessary  till  its  position  was 
more  secure.  I  take  it  for  granted  that  this  Administration,  when  it 
makes  a.  peace  with  Mexico,  should  its  government  then  appear  to 
be  unstable,  would  require  some  security  for  the  observance  of  the 
stipulations  of  the  peace.  The  general  principlesof  security,  whothev 
against  a  government  or  a  people,  I  have  already  stated.  Their 
application  is  with  the  Executive.  As  to  the  continuation  of  the 
war,  sir,  I  have  merely  to  remark  that  we  have  but  one  duty,  and 
that  is  to  push  our  operations  as  all  other  nations  have  done  and 
will  do  till  an  honorable  peace  is  obtained.  There  is  a  point  in  all 
wars,  where  national  obduracy  must  give  way,  and  where  submis- 
sion becomes  cheaper  than  resistance.  It  is  when  the  results  of 
the  war  have  proclaimed  the  impossibility  of  continuing  the  con- 
test. This  may  seepi  harsh,  but  it  is  founded  in  human  nature. 
Our  true  policy  is  to  cany  on  the  war  with  all  our  might  till  its 
objects  are  accomplished.  Those  objects  ought  to  be  just ,  and 
we  believe  them  to  be  so,  and  our  exertions  ought  not  to  be 
relaxed  by  any  crude  notions  of  mistaken  philanthropy.  The 
Mexicans  are  like  all  other  people.  Their  point  of  submission 
will  be  found  as  that  of  others  has  been  found  before  them.  They 
must  eat,  and  sow.  and  reap,  and  wear  clothing,  and  preserve  the 
institutions  of  social  life;  and,  I  repeat,  that  their  injustice  will 
give  way  before  our  exertions,  if  these  are  continued. 

I  stale  again,  sir,  that  I  have  two  answers  to  the  enquiry  of  the 
honorable  Senator  from  Tennessee.  One  is  that  his  case  is  a  sup- 
positious one,  and  that  we  have  not  arrived  at  the  point  when  it  is 
necessary  to  decide  upon  the  security  to  be  taken,  as  our  oflers  have 
been  utterly  rejected.  And  the  other  is,  that  when  the  time  comes 
for  determining  that  question,  the  Executive  will  no  doubt  take 
such  security  if  security  bo  then  necessary  as  circumstances  may 
require. 

One  word  more.  The  honorable  Senator  has  said  that  in  my 
opening  speech,  I  said  I  knew  no  more  of  the  policy  of  the  Execu- 
tive than  was  disclosed  in  the  documents.  I  said  nothing  like  it. 
The  hcmorable  Senator  is  under  an  entire  misapprehension. 

Mr.  BELL. — It  struck  me  with  great  force  at  the  time. 

Mr.  CASS. — I  will  read  what  I  did  say:  "I  know  nothing  more 
of  the  proposed  plan  of  campaign  than  is  disclosed  in  that  part  of 


February  2.] 


THE  TEN  REGIMENT  BILL. 


209 


the  report  of  the  Secretary  of  War,  which  has  just  been  read  to 
the  Senate."  This  is  what  I  said,  and  why  ?  First,  because  it 
was  true;  and  secondly,  because  the  plan  of  the  Secretary  of  War 
was  one  of  the  most  elaboriitc  and  detailed  plans,  ever  submitted 
to  the  legislative  department  of  a  (rovprnment.  I  do  nyl  see 
how  he  could  have  been  more  particular,  unless  lio  had  said  that 
on  snch  a  day  wo  should  enter  Queratero;  on  .such  a  day  San  Luis, 
and  soon,  disolosinj;  every  step  of  the  campaign  till  its  objects 
should  be  thwarted  or  attained.  It  was,  therefore,  as  the  honora- 
able  Senator  will  |ierecivc,  not  of  the  policy  of  the  government 
that  I  spoke,  but  of  the  plan  of  the  campaign. 

The  honorable  Senator  has  spoken  ol'  the  force  which  General 
Scott  considers  necessary  to  maintain  our  prcscni.  comnnind  iil  the 
country. 

If  the  honorable  Senator  will  advert  to  a  document  sent  into  the 
Senate  the  other  day,  and  I  think  publi.shed  in  the  Intelligencer, 
he  will  find  that  the' force  estimated  by  General  Scott  as  nojessary 
for  this  purpose,  adding  to  it,  I  believe,  one  or  two  expedrtions,  is 
thirty  thousand  men.  Instead  of  two  thousand,  which  the  Senator 
doems  sufficient  to  hold  the  i^ily  of  Mexico,  General  Scott  considers 
a  garrison  of  seven  thousand  or  seven  tho\isand  five  hundred  requi- 
site for  that  object. 

Mr.  BELL. — J  have  heard  the  explanations  of  the  gentleman 
with  a  great  deal  of  pleasure.  But  they  do  not  satisfy  me  that 
my  argument  has  been  at  all  impaired.  However,  I  must  now 
.'vail  mvself  of  the  indulgence  of  the  Senate  in  deferring  further 
remarks  until  to-morrow. 

30th  Cong. — Ist  Session — No   ''7. 


Mr.  BELL  addressed  the  Senate  m  opposition  to  the  bill,  and, 
without  concluding,  gave  way  to  a  motion  for  adjournment. 

The  motion  was  withdrawn  for  the  purpose  of  receiving  a 

MESSAcJe    IRO.M   THE  PIIESIDENT. 

The  foUowiiiij  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walkeb,  his  Scerctarv: 

7V'  (.'(e  Sniatc  nf  lltr.  Vnitnl  Sti:i'. 

In  an-wer  (o  a  rpsohitioii  ot  lli--  Snirno  ol  Hi"  ^'M\\  .hiiniari .  Irlr.  c^llni;;  for  tpfor 
ination  ou  llic  ^^aljjcet  of  thp  iifL'ofiation  betwpcn  the  Comiulssioiier  of  the  Un!!-»,1 
States  and  tin-  Cominis-ioiierf,  ol'  ^It•\i^Jo,  diiniiE  the  ?ri-pensioii  of  hostilities  after  t'ls 
trattl'-s  of  Contreras  and  Clninrlrnsoo.  I  traiii^rnit  a  report  from  the  Secietarv  of  Slat*, 
and  tlic  documents  wliich  accompany  it. 

I  deem  it  proper  to  add,  that  th>'  invitation  t'vom  tlie  (.'omnii^sioripr  of  the  T.'nilejl 
Stales  to  inl)mittlie  proposition  of  Itoundary  referred  to  in  liis  des^rateh  No.  15.  of  the 
■flh  of  Septeniher,  t817,  herewitli  commnriieated.  «a,  nnautlionzed  by  itie,  and  was 
proinplly  disapproved,  and  thi*  dis.ipproval  %vas  conmmtiirated  to  the  Coinmi^'io'ier  of 
the  United  States  M'ith  the  least  pos.lble  delay. 

JA.MES  K.  POI.'v 

Washington.  2d  Fobrnary,  l«.)r=. 

(In  tuotioii  by  Mr.  MAiVGUiM,  it  «:>- 
OiHrrr.d,  That  it  He  on  the  table  and  bo  piintcd. 

On  motion. 
The  SLrtate  adjourned. 


210 


PETITIONS— PRIVATE  BILLS,  ETC. 


[Thvesday, 


THURSDAY,  FEBRUARY  3,  1848 


submitled    ihc    I'ollowinr;  rusolutions  for  con- 


PETITIONS. 

Mr.  FELCH  presented  a  memorial  of  citizens  of  Now  Buffalo, 
in  the  State  of  Miohisan,  praying  the  establishment  of  a  naval  ile- 
pot  at  that  place;  which  was  referred  to  the  Committee  on  Naval 
Affairs. 

Mr.  DIX  presented  a  memoruil  of  the  citizens  of  New  York, 
pravinc  that  drawiiaok  of  duties  mav  bo  allowed  on  flonr  maniilae- 
rured  in  the  United  Statcb  from  Canadian  wh(;ai,  and  exported  : 
which  was  referred  to  the  Commiltcc  on  Corameicc. 

Mr.  D.WIS,  of  Massachusetts,  presented  the  memorial  of  the 
representatives  of  iho  Yearly  Meeting  of  the  Sueicty  of  Friends, 
for  Now  En^'land,  prayinpt  the  adoption  of  mea=,ure!i  h^r  the  speedy 
termination  of  the  war;  which  was  ordered  to  lie  on  the  table. 

EXCLUSION  OF  SLAVERY  FBO.M    ACQUIRED    TEBBITOBY 

Mr.  BALDWIN 

sidcration  : 

lUsotvrtl.  That  if  anv  temtorv  ^hail  lierpufter  be  ;icquireil  by  t!ie  United  Slates,  pt 
RTinexed  tlicrelo,  tbe  act"  by  whicii  snch  territory  is  acquired  or  anitp.teJ.  whatever  buch 
atl  may  be.  should  contain  an  nnalterablp  ttrndanieinai  article  or  provision  whereby 
slavery  or  in^■olunlaly  seivilnde.  except  a^  a  iiunishment  for  crime,  ihali  be  forever  ex 
eluded  from  tfie  terntoiy  acpiired  or  annexed. 

RcsoUcil.  That  in  any  cession  o(  territory  that  may  be  acquired  as  the  result  of  the 
war  with  Mexico.  lii?  desire  o]"t!iat  Reimijlii;  exjircNsed  by  her  coinnii^sioner.  in  their 
TiPCO'iation  witli  ^Ir.  Tri^t,  to  provide  for  the  protraction  of  the  mhabiiantsof  the  ceded 
territory  aganut  the  introduction  of  tbe  system  of  human  siaver\  therein,  by  astiimla 
lion  to  tliat  elTect.  in  any  treaty  that  may  be  made,  cannot  consistently  witii  the  rights 
of  Lho.^e  i«ba!ntant.N.  or  with  Iho  principles  of  justice  an'l  libL-itv.  which  liave  been 
proclaimed  to  the  world  as  tlic  basis  of  our  institutionb.  be  disregarded  oi  denied. 

PRIVATE    BILLS,    ETC.,    REPORTED. 

Mr.  MILLER,  from  the  Commiltee  on  Naval  Aflairs,  to  whom 
was  referred  the  petition  of  Anna  J.  Hasslcr,  &ul>niitted  a  report 
accompanied  by  a  bill  for  her  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printeil . 

Mr.  FELCH,  from  the  Committee  on  Pensions,  to  whom  was 
referred  the  petition  of  Hugh  W.  Dobbin,  submitted  a  report,  ac- 
companied by  a  hill  to  allow  arrearages  of  pension  to  Hugh  W. 
Dobbin,  an  .officer  in  the  late  w-ar. 

The  bill  was  read  and  passed  to  the  second  readin;;. 

Ordered,  That  the  report  be  printed. 

Mr.  WESTCOTT,  from  the  Committee  on  the  Judiciary, 
tc  whom  was  reforred  the  memorial  of  Joseph  Bouchraid  of  Nsw 
York,  submitted  an  adverse  report;  which  wns  orilered  to  be 
printed. 

.TUDICUL    FOWF.RS    IN    CHI.VA    AND    TUKKFY. 

Mr.  AiSHLEY.  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  so  much  of  the  President's  annunal  niessaf;u  as  relates 
to  the  suljject,  reported  a  bill  to  carry  into  ellcrt  i.'ertain  provisions 
m  the  treaties  between  the  United  States  and  China  and  the  Otto- 
man Porte,  giving  certain  judicial  powers  to  ministers  and  consuls 
of  the  United  States  in  those  countries;  which  was  read  and  passed 
to  the  second  reading. 

Mr.  ASHLEY  observed  that  it  was  the  wish  of  the  administra- 
rion  that  before  the  Commissioner,  who  had  been  recently  ap- 
pointed til  China,  should  leave  this  country,  some  action  of  tho 
tody  should  take  place  on  the  subject  of  the  bill. 

•MISSOURI   AND   ARKANSAS   BOUND  VKV- 

The  bill  fi-om  tho  House  of  Representatives  to  confirm  the 
boundary  between  Missouri  and  Arkansas,  was  read  the  first  and 
second  times,  bv  unanimous  consent,  and  referred  to  thi»  Commit- 
tee on  the  Judiciary. 

CADWALLADEB  WALLACE. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
V/hoJe,  the  bill  for  tho  relief  of  Cadwallador  Wallace. 

Mr.  BERRIEN. — .Vs  that  is  a  bill  making  a  large  appropriation, 
I  should  be  glad  to  hoar  some  statement  of  tho  grounds  on  which 
tho  Committee  have  lecominendod  it. 

Mr.  CORWIN. — It  is  true,  as  has  been  stated  by  the  Senator 
from  Georgia,  that  it  is  a  bill  involvinc;  a  pretty  largo  appropria- 
tion. I  reported  it  myself  from  tho  Committocun  Public  Lands, 
and  I  hope  that  the  attention  of  the  Senate  will  be  dii-ected  to  it! 
as  I  estei-m  it  one  which  deserves  consideration  ;  and,  therefore.  I 
shall  move  that  it  bi!  laid  by  informally  for  the  present  so  that 
when  takin  up,  the  Senate  may  be  prepared  to  act  up.in  it. 


Tho  bill  was  then  passed  over  informally. 

PRIVATE   BILLS   P.ASSED. 

The  following  bills  were  read  the  second  time,  and  considered  as 
in  Committee  of  the  Whole  : 

.V  hi.'l  for  tlie  relief  of  I'etel  Cajiella.  administrator  of  Andrew  Cattclia,  deccAsed; 
:ind  for  the  relief  of  John  Cai»o,  and  for  the  relief  of  Elijah  Pettv  and  Hannah  Vetiv 
his  wife,  heirs  of  John  TJeardon,  deceased. 

A  bill  for  the  relief  of  Charles  L.  Dell. 

A  bill  for  the  relief  of  Richard  .■^.  Co.\e. 

No  amendment  being  made,  the  said  bills  were  reported  to  the 
Senate. 

Ordered,  That  they  be  engrossed  and  read  a  third  time. 

Tho  said  bills  were  read  a  third  time,  by  unanimous  consent. 

Ucsolved,  That  they  pass,  and  that  their  respeclis'e  titles  be  a»  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  th» 
House  of  Representatives  therom. 

MESS.^GE  FROM  THE   HOL'St. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  clerk  : 

!Mr.  Vresidcnl  The  Tresident  of  the  United  States,  yesterday,  approve-i  and  ligaai 
■ '  .\n  act  making  further  jtro^isions  for  snrr  i\  iny  widows  of  the  ioldieri  of  the  Ee-.o- 
lution." 

THE  ten  REGI.MENT  BILL. 

The  Senate  resumed  the  consideration  of  the  bill  to  raise,  for  a 
limited  time,  an  additional  military  force. 

Mr.  BELL.i — Mr.  President:  In  tho  course  of  the  remarks  which 
I  had  the  honor  to  present  to  the  Senate  yesterday,  I  endeavored  to 
show  that  the  administration  could  not  consistently  with  their 
avow'od  policy  make  a  treaty  with  any  existing  government  in 
Mexico;  and  I  undertook  to  show  tho  facts  and  circumstances,  on 
which  iiiy  argimicnt  was  based.  I  referred,  in  the  first  place,  to 
the  "rounds  on  which  this  bill  was  pressed  in  this  body;  and,  se- 
condly, to  the  operations  of  our  army  itself,  as  affording  evidence 
that  there  was  no  design,  no  desire  to  accept  any  treaty  from  the 
existing;  government;  and  I  called  upon  honorable  Senators  on  the 
other  side  of  the  chamber,  if  they  pleased,  in  their  discretion,  to 
say  whether  that  was  not  their  view  of  tho  now  settled  policy  of 
the  administration.  I  put  the  question  distinctly  and  directly 
whether  a  treaty  by  the  existing  government  in  Mexico  ceding 
New  Mexico  and  California  to  the  United  States  would  be  re- 
garded as  satisfactory.  I  supposed  that  they  would  be  obliged  to 
answer  in  the  negative  upon  the  ground  that  although  aflording 
ample  "indemnity  for  the  past,"  it  did  not  alTord  "security  for  the 
future."  and  thai  these  terms  were  a  substantive  part  of  the  settled 
policy  of  the  Executive.  I  further  made,  what  I  observed  might 
he  regarded  as  a  bold  assertion,  that  tho  administration  neither 
expected  nor  desired  a  treaty  with  any  exisling  government  in 
Mexico.  I  did  not  say  that  I  would  astonish  Senators,  by  ray  re- 
marks, as  the  honorable  Senator  represented  mo  as  having  done. 
The  honorable  chairman  of  the  Committee  on  Military  Affairs 
says  it  was  true  that  he  was  astonished.  But  when  he  came  to 
answer  the  interrogatory,  "will  you  accept  a  treaty  from  the  exist- 
ing government  ceding  that  territory  which  you  have  heretofore 
admitted  to  lie  ample  indemnity?"  he  could  not  answer  in  the  affir- 
mative. He  answered  precisely  as  I  supposed  he  was  bound  to 
answer.  It  was  for  the  purpose  of  bringing  out  these  answers  that 
I  submitted  these  inquiries,  in  a  manner  which  he  regarded 
as  going  beyond  the  duo  parliamentary  license.  My  object 
indeed  was  to  press  gentlemen,  and  that  gentleman  in 
particular,  because  he  stood  at  the  he.ad  of  that  committee, 
and  is  su)iposed  to  know  the  policy  of  the  administration 
on  a  ipiestion  so  important  as  the  present.  He  answered 
then,  in  substance,  as  I  supposed  he  was  obliged  to  answer,  that 
they  could  not  take  a  treaty  from  anv  existing  government,  or  any 
faction  which  might  arise,  if  no  security  for  future  peace  was 
conceded.  And  when  the  question  was  further  pressed  on  tho 
distinguished  gentleiniin.  "what  do  you  meat,  by  security?"  be 
replied,  that  his  attention  had  been  directed  by  the  resolutions  of 
the  gentleman  from  Indiana  to  the  Sierre  Madre  as  a  proper 
boundary;  but  he  did  not  limit  hi^  "srcuiity"  to  that  line.  Ho 
went  on  to  speak  of  the  right  of  the  conqueror,  when  the  govern- 
ment of  the  conquered  nation  wns  unsettled — when  anarcliy  took 
the  place  of  order,  and  the  people  were  turbulent,  to  hold  posses- 
sion of  the  conquereti  country  as  seeuritv  for  future  peace;  and  ho 
referred  us  to  the  case  of  the  Allied  Powers,  who  had  kept  military 
occupation  of  Franco  for  a  twelvemonth  as  seeuritv  for  the  maiu- 
tenauie  of  the  pence  which  they  had  concluded  with  the  new  gov- 
ernment. 

Well,  these  answers  of  the  honorable  gentleman  are  perfectly 
natural,  rational  and  consistent  with  the  policy  of  tho   administra- 


February  3.] 


THE  TEN  REGIMENT  BILL. 


211 


tion  as  I  uiulerstand  it.  A  military  orciipiiliun  of  llic  interior 
of  the  pountrv  to  some  extent  is  now  contemplated  by  the  admis- 
sion of  the  Senator.  Wli:it  portion  of  tlie  country  is  to  be  orcn- 
pied,  and  how  bins  the  oeeiipation  is  to  continne  are,  as  the  dip- 
tinffuished  gentleman  said,  things  which  lie  emild  not  now  point 
out,  as  they  wore  to  he  governed  necessarily  hv  eontingencies.  I 
shall  hereafter  show  that  this  is  a  policy  from  which  they  can  never 
extricate  themselves,  bat  by  holding  the  country  by  right  of  coii- 
ijuest,  unless  they  abandon  all  that  they  have  done — patch  up  the 
beat  treaty  they  can  with  the  present  government,  ami  under  the 
wings  of  it  flee'the  country.  One  word,  tlicugh  oiii  of  place,  in  an- 
swer to  the  statement  of  the  honorable  chairman  of  the  Committee 
on  Mditary  Aflairs,  that  General  Scott  esti  nates  seven  thousand  tive 
hundred  as  a  proper  force  to  be  stationed  in  the  city  of  Mexico.  I 
have  never  seen,  sir,  the  letter  of  General  Scott  which  is  said  to 
contain  these  estimates;  but  I  cannot  imagine  that  such  a  force  at 
that  point  would  be  at  all  necessary,  except  as  a  corps  dr  re.^erve^nM 
army  of  observation  to  be  employed  in  the  support  of  other  divisions 
of  the  army  engaged  in  holding  the  neighboring  States.  My  esti- 
mate of  a  sufficient  eanison  fir  the  army  of  Mexico  was  t'ouiided 
upon  the  idea,  that  all  the  strongholds,  and  adjoining  and  popu- 
lous States,  would  be  first  subdued  and  occupied  by  an  adequate 
force.  I  cannot  believe,  that  General  Scott,  under  the  circum- 
stances I  had  supposed,  would  consiiler  an  army  of  seven  thousand 
five  hundred  necessarv  to  hold  a  city,  large  as  it  is,  which  he  cap- 
tured with  a  force  reduced  to  six  thousand,  and  when  defendeil  I'y 
a  force  three  or  foijr  times  as  numerous — now  that  the  enemy  had 
neither  array  nor  resources. 

I  now  propose  to  resume  my  argumenl.  at  the  point  at  which  I 
had  arrived,  when  the  Senate  did  me  the  favor  to  adjourn — the 
policy  of  the  governinenr.  exhibited  in  the  orders  ofGenertii  Scott. 
in  carrying  out  the  plan  of  raisins'  a  revenue  in  Mexico. 

In  furtlicr  support  of  the  views  I  presented  on  yesterday,  I  niighi 
have  alluded  to  some  parts  of  the  argument  of  the  gallant  and  dis- 
tinguished Senator  from  Atississippi,  (Mr.  Davis,)  who  spoke 
several  times  on  incidental  points  in  this  debate  I  remember — 1 
do  not  see  him  in  his  seat  now,  bm  I  trust  I  do  not  misrepresent 
him — that  he  pressed,  with  some  earnestness,  and,  us  in  all  cases 
when  he  has  addressed  the  Senate,  addressing  himself  to  the 
feelings  as  well  as  the  judgment  of  Senators,  the  argument  that 
thS  passage  of  this  bill  was  necesssary  to  relieve  broken-down 
remnants  of  regiments  that  had  fought  through  several  successive 
sanguinary  actions  with  the  enemy  ;  regiments  which  haei  been  re- 
duced from  eifflit  hundred  or  a  thousand  men,  to  two  or  three  hun- 
dred. But  what  I  particularly  remarked  was  his  argument  in 
favor  of  regulars  instead  of  volunteers.  He  said  that,  however  valu- 
able volunteers  might  be  in  action — when  an  army  vvas  in  motion — 
that  there  was  no  comparison  between  their  value,  in  a  protracted 
military  occupation  like  this,  and  regular  soldiers.  And,  as  I  un- 
derstood him,  he  considered  that  it  would  bo  chiefly  garrison  dutv 
to  which  the  army  would  hereafter  be  called  in  Mexico — the  hold- 
ing  of  the  conquered  towns  and  fortresses.  I  noticed  this,  ainl 
bring  it  to  the  attention  of  the  Senate,  for  the  purpose  of  showing 
that  the  tenor  of  the  argument  generally  on  the  other  side  tends  to 
support  t!\e  views  w'ich  I  have  advanced.  Not  only  is  it  the 
policy  of  the  administration  not  to  make  a  treaty  with  the  existing 
EiOvernmeiit ,  because  they  cannot  obtain  the  '' seeuritv"  which 
they  demand,  but  it  is  to  continue  the  military  occupation  of  the 
country. 

Mr.  DAVIS,  of  Mississippi. — It  is  true,  as. slated  by  the  Sena- 
tor, that  in  the  course  of  this  debate,  the  remarks  which  I  have 
offered,  have  been  to  isolated  ]}oints,  such  as  were  supposed  to  be 
directly  connected  with  the  bill  under  discussion,  and  presented  as 
briefly  as  the  nature  of  the  case  would  allow — so  briefly  that  it  ap- 
pears my  meaning  has  been  misconstrued.  My  observations  upon 
tlie  subject  of  military  posts,  and  the  character  of  troops  sui;ed  to 
the  service  of  permanent  garrisons,  were  made  with  no  such  pur- 
posfe,  under  no  such  idea  as  the  Senator  seems  to  suppose. 

I  contended  that  '•  regulars"  were  to  be  preferred  lor  the  rea- 
sons then  olfered,  in  positions  which  were  to  bo  held  by  a  station- 
ary force,  retained  in  possession  for  military  purposes;  not  to  fix 
the  limit  of  territorial  acquisition,  still  less  to  interfere  with  the 
political  institutions  of  Mexico.  I  distinctly  declared  my  opinion, 
that  our  government  by  the  Inndamental  principles  upon  which  it 
rests,  is  lorbidden  from  dictating  the  policy  or  interfering  in  the 
internal  affairs  of  any  other  government.  Posts  and  garrisons  are 
necessary  to  preserve  lines  of  communieation.  Extended  military 
lines  were  spoken  of  as  recpiired  to  destroy  cooperation  between 
the  difl'erenl  sections  of  the  enemy,  and  to  prevent  the  central  go. 
vernment  of  Mexico,  against  which  this  war  has  been  directed, 
from  reestablishing  its  power,  and  again  concentrating  the  scattered 
Iragments  of  its  army,  to  renew  active  hostilities  against  us.  The 
occupation  of  those  lines,  recommended  itself  to  me';  not  as  n  mode 
ol  permanent  possession,  but  as  means  to  hasten  the  often  declared 
object,  the  much  desired  consummatiou  of  this  war,  an  honorable 
peace. 

Convinced  that  regulars  were  better  suited  than  volunteers  to 
garrison  posts — that  our  volunteers  should  not  be  required  to  re- 
main in  service  for  mere  garrison  duties,  longer  than  necessity  de- 
mands— and  that  we  require  new  posts  in  remote  regions,  this  bill 
is  commended  by  every  consideration  which  has  been  conclusively 
presented  to  my  mind.  As  a  reason,  for  supporting  the  bill  under 
consideration,  I  spoke  on  the  occasion  referred  to  by  the  Senator, 
of  a  military  line  which  should  extend  Irom  the  Atlantic  to  the 
Pacific.     I  did  not  then  define  the  line,  but  will  now  do   so   if  the 


Senator  wishes.  That  line,  as  contemplated  by  me,  would  begin 
at  Tampieo,  ascend  the  valley  of  the  Panuoo  to  the  monntaina. 
then  turn  northward  and  follow  the  range  of  the  Sierra  Madre', 
keeping  always  the  ridge  whii'h  overlooks  the  waterless  desert  to 
the  west  and  south,  pass  around  the  lakes  of  Parras.  cross  the 
valley  of  Chihuahua,  follow  the  range  of  momitains  which  bound 
it  on  the  west,  at  about  the  parallel  of  thirtv  degrees  north  latitude 
bear  west  and  pursue  the  highlands  which  limit  ihe  valley  of  the 
Gila,  cross  the  Colorado  river,  and  terminate  on  the  Pacific  so  Si 
to  include  the  harbor  of  San  Diego.  This  was  projiosed  as  a  mili- 
tary lino.  I  believed  that  avast  country  north  and  east  of  it  would 
bo  rendered  qui<  t  by  the  occupation  of  tlie  fmr  practicable  passes 
through  the  natural  barrier  alons  which  it  runs;  that  great  results 
\<'ould  be  efrecteii  at  the  least  expenditure  of  means  and  of  men 
and  that  resular  troops  were  most  appropriate  to  the  service.  My 
policy,  I  repeat,  was  not  the  permansnt  occupation  of  Mexico, 
but  to  lorce  from  her  a  peace  by  every  proper  means  of  pressuie, 
and  hasten  the  termination  of  our  general  occupation  of  that  coun- 
try. Again,  I  will  state  as  my  reason  for  wishing  to  increase  our 
army  so  largely,  tlie  belief  that  its  visible  strength  must  be  such 
as  to  destroy  in  the  enemy  all  hope  of  resistance,  before  he  will 
seriously  incline  to  peace.  Though  very  unwilling  to  occupy  the 
time  of  the  disliugiiishcd  Senator,  his  pointed  reference  required 
me  to  repl}-.  I  desire  an  early  peace,  and  believe  that  a  govern- 
ment exists  in  Mexico  which  has  the  ability  to  treat;  that  Presi- 
dent H.  rrera,  sustained  by  the  new  congress,  and  the  new  army 
of  Mexico,  is  cnmpeient  to  suppress  factious  opposition  to  negotia- 
tion, and  under  :in  honorable  peace  to  maintain  liis  government 
asainst  revolutionary  assault.  With  such  a  government  we  ought 
to  treat,  and  I  devoutly  pray  we  irray  treat,  even  before  the  ho.ior 
able  Senator  shall  have  concluded  his  remai-ks. 

Mr.  BELL. — I  unite  heartily  in  the  prayer  of  the  Senator  that 
we  may  have  peace.  In  regard  to  his  remarks  I  have  only  to  say, 
that  there  m;iy  li.ave  been,  as  i  stated  yesterday,  a  modified  poliey 
adopted;  and  one  which  would  be  consistent  with  the  line  of  the 
Sierra  Madre  as  the  ''security"  which  they  want.  But,  I  think 
this  is  at  last  a  new  construction  assumeS  by  the  distinguished 
Senator  from  Mississippi,  as  one  satisfactory  to  him. 

Mr.  DAVIS. — Assumed  last  N'ovember  a  year  ago. 

Mr.  BELL. — He  is  consistent.  Can  he  answer  for  other  hono- 
rable Senators— for  the  administration  of  this  government  ?  F'or 
the  power  which  has  greater  influence  than  he  "ijr  the  Senate  too, 
unless  we  choose,  by  the  united  voice  of  the  two  Houses,  to  con- 
trol it  !  Can  he  answer  that  he  has  the  confirmation  of  one-third 
of  this  body — I  mean  of  those  on  his  side  of  the  Chamber  ?  What 
security  will  such  a  line  give  for  peace  V  The  reason  why  they 
did  not  retire  to  a  line  twelve  months  ago  was,  that  they  liad  no 
treaty,  no  peace.     They  wanted  to  coerce  a  peace. 

Mr.  DOWN'S. — I  ask  the  Senator  what  line  lie  would  be  v/illing- 
to  accept  ? 

Mr.  BELL. — I  do  not  mean  any  discourtesy,  but  I  beg'to  in- 
form the  Senator  that  before  I  close  iny  remarks  I  will  stare 
my  views  upon  that  point.  My  argument  is  intended  to  demon- 
strate, that  the  ailmniislralion  is  already  carrying  out  their  policy 
of  holding  the  eoiintry  bv  military  occupation  until  a  government 
may  be  formed — inaturetl  and  strengthened  into  such  a  iletiree  of 
consistency  that  it  will  be  able  to  give  the  secuiities  demanded,  i 
may  be  wrong,  however.  Individual  Senators  on  the  other  sidte 
of  the  Chamber,  it  is  very  obvious,  are  not  united  in  sentiment 
upon  this  subject  Some  distinguisiied  Senators  who  have  spofce,T, 
difi'er  with  the  administration,  if  we  look  at  what  is  said  in  the 
message,  and  among  themselves.  And  I  may  say,  looking  at  the 
immense  magnituili'  ol  the  question,  honorable  gentlemen  may 
well  differ.     It  is  a  fearful  question  in  some  of  its  aspects. 

.Assuming  as  I  do,  and  I  think  upon  the  strongest  ground,  that 
the  military  occupation  of  Mexico  is  lo  be  continued  until  such  a 
goevrnment  shall  be  established,  as  shall  afford  the  desired  securi- 
ty, I  propose  to  enquire  whether  the  undertakini!'  be  practieable. 
1  ask  the  attention  ol  the  Senate  to  the  statement  of  a  'icw  promi 
nent  facts,  in  relation  to  the  character  and  condition  of  the  Mexi- 
can population,  collected  from  the  best  sources  of  information  with- 
in my  reach. 

I  know  a  distinguished  Senator  (.Mr.  BeN'To.v,)  who  is  far  bet- 
ter informed  than  I  am  upon  this  subject,  and  whose  judgment 
would  be  entitled  to  far  greater  weight.  It  was  ray  fortune,  ma- 
ny years  ago,  to  listen  to  an  argument  of  that  Senator,  before  a 
diirerent  tribunal,  in  which  his  familliar  and  extensive  knowledge 
of  the  Spanish  character,  their  colonial  policy,  their  lows  and  in- 
stitutions, was  manifest.  He  knows  well  the  uKitenals  which  non 
exist  in  Mexico  for  forming  a  government,  and  he  knows  the  ob- 
stacles that  lie  in  the  way.  I  trust  tiiat  we  shall  yet  hear  frota 
that  distinguished  Senator,  who  now  sets  so  much  at  his  ease,  oti 
the  other  side  of  this  chamber,  upon  this  subject. 

The  best  informed  difi'er  in  their  estimates  of  the  population  of 
Mexico.  Some  rate  it  at  eight  or  ten  millions,  and  otiiers  as  low- 
as  seven  millions.  I  assume  ei"ht  millions  as  the  medium.  Of  the 
eight  millions  there  are  probably  not  less  than  five  millions  of  In- 
dians  of  pure  blood  ;  two  millions  of  what  are  denominated  the 
casts  or  mixed  race,  consisting  of  Mestizos,  Mulattos  and  Zom- 
bos,  who  rank  in  society  in  the  order  in  which  I  have  mentioned 
them  ;  and  one  million  of  the  Spanish  or  white  race.  Between 
these  sevaral  races  or  casts,  there  existes  a  reciprocal  antipathy, 


212 


THE  TEN  REGIMENT  BILL. 


IThu 


RSDAY 


amountiii"  to  onutempt  on  the  one  side,  and  jealousy  and  liatiei! 
on  the  otTier.  A  white  skin  is  still,  as  at  the  period  of  the  ooii- 
quest,  a  pateni.  of  iioljilily  and  just  in  proportion  to  tlic  mix- 
ture of  the  blood  of  the  white  mun,  which  flows  in  tlie  veins 
of  the  several  castes,  do  they  assert  a  superiority  over  uU 
below  them.  The  antipathies  and  jealousies  (oundcd  on 
I'ue  distinction  of  races,  appear,  from  all  history,  to  be  deeply 
seated  in  natural  causes  and  principles.  In  Mexico,  these  natural 
causes  were  strengthened  and  fostered  by  the  jealous  policy  ot  the 
Spanish  monarchy.  The  laws  and  institutions  of  tlie  Vice  Regal 
government  of  the  colonics,  cultivaied  and  promoted  the  natural 
antipathy  and  hatred, between  the  Indian  and  the  white  and  mixed 
races,  as  a  means  of  maintaining  the  dominion  of  the  parent  coun- 
irv  against  the  inttuencc  and  ambiiion  of  the  Spanish  Creole  popu- 
la'lion.  which  were  always  a  subject  of  serious  alarm  to  the  Spanish 
monarch.  But  the  emancipation  of  iNIexico  from  the  dominion  of 
Spain  appears  to  have  wrought  but  little  change  in  the  general 
condition  or  the  disposition  of  the  .several  castes  or  races  toward.s 
each  other.  At  the  breaking  out  and  during  the  revolution,  the 
Spanish  race,  from  motives  of  policy, conciliated  the  castes  or  mixed 
races,  by  allowing  them  a  higher  grade  in  society;  but,  except  the 
cultivated  class  among  the  mixed  races,  they  still  rank  below  the 
white  race. 

Of  this  compound  ina.-s  of  population,  the  white  raae  now,  as 
at  all  times,  are  tlie  real  lords  of  the  country  ;  asserting  the  nat- 
ural superiority  of  their  race,  and  com  rolling  all  others.  Thev, 
together  with  the  cultiiated  jiortion  of  the  mixed  race,  are  also  the 
hotders  of  nearly  all  the  property  of  the  country.  The  dergv,  the 
military  ami  hisih  civil  fucclionaries,  are  all  taken  from  this  class  ; 
and.  in  the  practical  operation,  of  the  Mexican  government,  the 
clercy  and  military  constitute  a  privileged  class.  They  are  sucli 
by  the  legal  e.xcmptions  which  tiiey  enjoy.  The  castes  or  mixed 
race  are  next  in  degree  of  inftueucc  and  importance,  both  in  social 
and  political  relations;  but  with  the  exception  of  the  cidtivated  few 
among  them,  they  are  a  degraded  class.  But  it  is  the  vast  Indian 
pO[)ulation  whicli  most  demands  oiu-  attention.  They  are  as  they  have 
been  for  three  centuries,  a  degraded,  dependent,  melancholy  race; 
poverty  stricken,  ignorant;  a  living  but  inanimate  mass  of  human  be- 
ings; outcasts  in  their  own  land,  taking  no  interest  in  public  atliiirs, 
though  recognized  as  freemen  by  the  Mexican  constitution;  their  re- 
ligion a  mummery,  and  even,  it  is  said,  in  many  districts,  indulging 
their  ancient  superstitions;  residing  in  separate  villages,  and  oultiva- 
inffu  small  allotment  of  land  in  I'ommon.  Such  is  their  general  condi- 
tion, especially  in  the  populous  States  of  the  South.  Until  the 
period  of  the  revolution,  they  were  in  a  state  of  pupilage,  and  not 
allowed  by  law  to  contract  tiebts  beyond  the  small  sum  of  three 
dollars.  Thev  were,  for  the  reasons  1  have  before  stated,  kept  in 
a  state  of  rigorous  seclusion — no  wliitc  man  being  by  law  permit- 
ted to  settleiii  their  villages.  From  this,  I  admit,  very  imperfect 
description  of  the  condition  of  the  dillercnt  races  which  compose 
the  population  i>f  Mexico,  it  will  be  readily  granted  that  there  is — 
there  can  be  no  sympathy — no  common  ties  to  unite  them;  there 
can  be  no  unity,  no  individuality,  nr)  nationality,  no  equality  of 
social  condition';  but,  cm  the  contrary,  irrcconcilcablc  hatreds'and 
jealousies.  Vet  such  are  the  materials  out  of  which  it  is  proposed 
to  construct  a  government  upon  the  principles' of  republican  equal- 
ity;  such  a  government  as  will  hereafter  stand  ag;iinst  all  the 
assaults  of  faction.  But  I  have  not  stated  all  the  obstacles  to 
such  a  scheme.  In  no  country  of  the  world  is  there  so  creat 
a  dilaree  of  inequality  in  tla^  distribution  of  jiroperty.  Even 
among  the  white  race  this  iiie(iuality  stands  out  ns  a  ]uominent 
feDturc  in  their  n-latue  I'onditioii.  This  of  it.sclf  is  ;i  great  obstacle, 
and  yon  umst  rcsorl  to  coiilisc;ilion  and  banishment,  to  secure  a 
■ettled  government,  founded  ujion  equal  rights  and  privileffcs. 

Again,  sir,  when  you  shall  :itteuipt  to  regenerate  and  enlighten 
the  Indian  masses,  you  will  have  to  encounter  the  inconvenience  ol 
twenty  different  laugu;iges  now  spoken  in  different  States  and  di.'<- 
tricts  of  Mexi<^i>. 

There  is  another  circninstancc  in  the  uoiulition  of  Mexico,  which, 
to  my  mind,  presents  an  insuperable  barrier  to  the  jjolicy  of  found- 
ing and  sustaining  the  sort  of  government  which  seems' to  be  con- 
lemplated  ;  the  only  sort  of  go\ernuient  which  our  own  .system 
will  tolerate.  Beside  the  want  of  all  aflinity  and  sympathy  be- 
jwccn  the  dillerciii  castes,  ami  the  inequality  in  their  .social  condi- 
tions, even  the  belter  informed  chisscs  are  centuries  in  arrear  of 
the  inarch  of  mind  ;  of  the  intellectual  development  which  cliarac- 
.'eriz.es  most  of  the  old  St;ites  of  Kurope  and  of  this  country.  The 
oveiweening  inllueiicc  of  the  hierharchv,  of  the  higher  clergy  in 
•natters  of  government  concern,  and  the  despotism  which  prevails  in 
the  religion  of  Mexico,  arc,  at  once,  the  evidence,  ;iiid  may  be  the 
cause  of  this  intellectual  inl'eriority.  I  say  notlhiig  of  the  Romish 
..•hiirch,  as  to  its  orthodoxy  or  otherwise.  It  may  he  the  truest  and 
iiiirest  of  the  sects.  It  may  be  the  true  primitive  or  apostolic 
liiitli.  With  this  I  have  nothing  to  do  ;  hut  it  is  remarkable  that 
iVom  the  days  of  Luther  lo  this  day,  wherever  protesttintisiu  has 
most  prcvaileil,  there  you  hud  planted  deepest  and  .strouirest  the 
iceds  and  the  growth  of  civil  liberty  ;  and  I  alTirm  that  where  there 
16  no  Iree^lom  of  religions  iiupiiry,no  religious  toleratimi,  there  lias 
Joeeii  no  such  resurrection  of  mind  as  qualities  tbe  inluibitants  lor 
lh«  enjoyment  of  a  free  and  cqutil  government. 

But  it  is  said  of  this  party  of  the  Puros,  which  I  have  already 
noticed,  embracing  a  large  chiss — the  industrious  and  enterprising 
of  all  the  diticrent  castes— tbe  runchcru,  or  small  proprietor,  the 
urtizan  and  the  merchant,  including  the  muleteers,  said  to  be  re- 
spectable lor  tlioir  honesty,  and  the  piofes.»ions,  all  together  com- 
buhiig  a  large  share  of  intelligencej  ar»  friendly  lo  the  jnesem  jio. 


lioy  of  this  administration,  and  that  with  the  aid,  and  through  the 
instrnmentality  of  their  chiefs  or  leaders,  you  can  build  up  a  gov- 
ernment. It  is  with  this  part'-,  in  Mexico,  as  I  have  already 
shewn,  that  you  are  in  some  sort  in  alliance.  And  I  now  assert 
that  you  csnnot  take  another  step  m  this  policy,  with  safety  anU 
honor  ;  that  from  tlie  moment  of  your  entrance  upon  the  next  stage 
of  progress  in  the  execution  of  this  policy,  you  will  be  committed 
beyond  retreat.  Xo.  sir,  the  moment  vou  '■omproraise  this  partv, 
by  calling  their  chiefs  and  represent.ativea  together  for  the  purpose 
of  forming  a  new  government,  you  are  irrevocably  bound  to  the 
policy  of  a  continued  military  occupation.  You  expo.se  them  to 
the  never-dying  iiostility  and  resentment  of  every  other  interest  and 
faction  in  Mexico  ;  of  the  hierarchy,  who  fear  the  overthrow  of 
their  religion  ;  of  the  large  landed  proprietors  ai.d  the  military, 
who  fear  the  extinction  of  their  long  enjoyed  power  and  influence  ; 
and  if  there  be  any  remains  of  tbe  ancient  Castilian  pride  and  spirit 
in  the  country,  it  will  be  roused  to  indignant  and  inextinguishable 
opposition  to  those  of  their  own  countrymen  who  may  lend  them- 
selves to  the  project  of  forming  a  government  under  the  protection 
of  foreign  bayonets.  No,  sir,  when  you  .shall  have  once  committed 
yourselves  fully  to  this  policy,  in  conjunction  with  the  Puros,  vou 
can  never  abandon  them.  It  would  be  perfidious  and  disgraceful 
to  do  so.  The  civilized  world  would  cry  out  against  you,  should 
you  leave  them  to  the  vengeance  of  their  powerful  enemies. 

But,  if  you  allow  no  lorce  to  this  argument,  when  yon  shall  have 
constituted  this  nev\'  iiovernmcnt  uiuler  the  protection  of  your 
armies,  how  long  is  the  experiment  of  its  staliility  to  be  continued? 
When  will  you  know  that  you  may  safely  withdraw  your  army  '< 
How  long  is  it  sujiposed  your  nurture  will  be  required,  bei'ore  you 
can  leave  your  bantling  to  stand  alone  ?  When  all  shall  be  (piiet. 
when  there  shall  be  no  hostile  array  in  the  country?  Does  any  one 
doubt  that,  from  tbe  moment  when  your  armies  shall  have  overrun 
the  whole  country,  and  every  strong-hold  and  large  city  shall  be 
occupied  by  your  garrisons  ;  when  the  present  hostile  cliiefs  shall 
Inivc  found  that  further  resistani-'C  will  be  I'rnitless  against  your 
overwhelming  forces,  that  they  will  retire  to  their  estates  and  sub- 
mit to  your  authoiity?  Then,  all  will  be  peace  ;  but  will  they 
carrv  with  them  no  slumbering  spirit  of  resentment  ;  no  fierce  de- 
termination of  rcsistauce  and  revenge,  to  be  stirred  into  action  the 
moment  you  shall  fancy  that  all  is  safe,  and  you  shall  withdraw 
your  forces?  Do  you  consider  the  race  with  which  you  have  to 
deal'  They  are  the  descendants,  in  part,  of  the  Celtiberians,  who 
are  said,  in  ancient  history,  never  to  have  signed  in  death — the 
terror  of  the  armies  of  Rome,  and  who,  in  the  defence  of  Xninantia, 
their  last  remaining  fortress,  preferred  peri.shing  by  famine,  to 
submission  to  Roman  agoression  ; — in  part,  of  the  Suevi  and  Visi- 
goths, who  finally  crushed  tliiit  colossal  power.  They  are  Span- 
iards, who  walk  the  streets  and  highway,  carrying  the  stiletto  under 
their  sleeve,  the  dagger  under  the  folds  of  their  cloaks,  and  bide 
their  time.  The  race  has  deteriorated  ;  but  still,  blood  will  shew 
itself,  at  the  distance  of  centuries,  when  the  cup  of  bitterness  over- 
flows, and  when  the  oppressor  least  expects  it. 

I  have  inquired  how  long  this  experiment  of  establishing  a  sta- 
ble aoyernmciit  in    Mexico,  by  military   occupation  is  to  continue; 
and  if  it  will  lu.t  be  regarded  as  too  great  a  descent  from  high  con- 
siderations, I  would   now   inquire  what    is    to   be  the  cost  of  this 
experiment !     Does  any  one  imagine  that  a  less  period  than  from 
three  to  five  year's,  wi'l  be  sufficient  to  overcome  all  the  obstacles 
which  now  exist  to  a  settled   government   in  Mexico  ?     1  may  be 
told  that  after  one  or  two  years,  the    army  of  occupation  may  be 
safely  reduced  one-half,  or  to  a  force  of  twenty-five  thous;ind.     But 
this  must  dcjifnid  upon  contingencies.   I  have  already  stated  that  an 
:irmy  of  50,000  men,  cannot  he  supported  in  Mexico  at  a  less  tinniial 
cost  than  $-10,000,000.     I  have  also  supposed  that  after  you  shall 
have  subdued  all  the  states  to  your  authority,  and  with  the  assist- 
ance  of   your   ua\y,  you   blockade   her   ])orts,   you  may   derive    a 
revenue  of  .510,000,000,   from    Mexico.     This    will  leave  an  an 
luial  cost  to  this  country  of  $,'!0,000,000,  for  the  nrmy  alone,  untU 
the  force  in   Mexico   can  he   safely  reduced.     But   the  honorable 
Chairman  of   the   Committee  of   Military   AfTairs,   in   giving   his 
views  of   the   importance   of  occup^'ing  the    mining   districts  of 
Zaeatecas  and  San  Luis  Potosi,  inlbrmed  us  that  he  had  received 
assurance  from  a  distiugiiisbed   olliccr  in    Me.xico.  that    a  revenue 
might  be  derived  [rom  these  states  so  large,  that  he  would  decline 
stating  the  amount  lest  it   should  be  deemed  im-rcdiblc.     .\nd  tliii 
is  the  mode  by  which  this   c(umtry  is  to   be  recouoiled  to  the  mili- 
tary occupation  of  Mexico   for  a  series  of  years.     Why  one  would 
be  led  to  suppose,  that  the  army  had  nothing  to  do  but  to  seize  the 
mines,  and  that  they  would    find  the  silver  and  gold    already  sepa- 
rated from  the  ore,  and  in  niarvellous  quantities;  or  that  the  mines 
could  continue  to    be  wrought  b\   the   proprietors,  and  all  tlie  pro- 
ilucts  be  handed  over  to  our  eollcctinjl  olficcrs      But  does  not  eve- 
ry Senator  know  that  the  niiniiig  of  the  precious  metals  is  conducted 
with  immense  cost,  and  that  all  that  tlie   goveriiinent  or  the  army 
can  exact,  cannot   exceed  .a  rnto   which  will  leave  a  dne  profit  to 
the  proprietors.     From  the  grasping  character  ol'the  Mexican  go- 
vernmenf.  to    sa\'  nothing  of  its    necessities,  it    iiuiy  well    be  sup- 
iioscd  that  the  produce  of  the  mines  was  taxed  at  the  highest  rate 
It  could  hear;  and  I  have  seen  no  estimate  of  the  amount  of  reve- 
nue drawn  from  that   source,  including  the   tax  on  coinage,  which 
exceeds  two   millions,  including  the  transit   duty.     The  gross  an- 
nual product  of  the  mines  in  all  Mexico,  does  not  exceed  20,000/» 
000,  and  twenty  per  cent  on  20,000,000,  would  be  one  fifth;  the 
highest  as.sessment  levied  by  the  government  of  Spain,  in  the  days 
of  the  Vice-Regal  government.    In  addition  to  the  revenue  derived 
from  this  sovuce,  if  yo.tj  should  .succeed  in  reviving  tlie  foreign 


'EERUARV 


3.] 


THE  TEN  REGIMENT  BILL. 


213 


iiadf!  ot'  (lie  oomitry,  eontimie  ilie  blockade  ol'  iiU  ilie  purts  of 
Mexico,  and  keep  the  communication  with  the  interior  open,  you 
rally  derive  $6,000,000,  from  the  customs.  Besides  tliCFe,  you  can 
collect  £3,000,000,  in  direct  taxes;  after  aljolishin|i  tlic  tobacco  mo- 
nopoly, the  internal  duties,  and  lotteries,  and  surrendcrinc;  the  re- 
maining sources  ol  revenue  to  tlio  states  or  local  governments, 
which  in  pursuance  of  the  poliey  of  the  administration  yoa  have 
already  done,  $11,000,000,  will  be  the  hisrhest  amount  of  revenue, 
yon  can  expect  to  derive  for  the  support  of  your  army;  and  this 
only  after  you  shall  have  overrun  and  occupied  all  the  States,  At 
this  time,  supposing  that  you  have  reduced  Zaeatecas,  San  Louis 
Poiosi,  and  Queretaro,  to  your  authority,  you  are  in  possession  of 
ten  states,  and.  if  Chihuahua  is  to  be  included,  eieveu.  General 
Scott  by  his  financial  regulations  in  Mexico,  has  imposed  upon  the 
several  slates  of  Blexieo,  S3,000.000,  payable  monthly  by  the 
states  occupied  by  our  army.  At  this  rate,  one  million  maybe  de- 
rived from  the  eleven  states  now  in  our  power,  within  a  year. 
Yoanmy  be  receiving  $2,000,000,  from  the  customs,  and  $500,000. 
from  all  other  sources  of  revenue,  not  abandoned  or  surrendered  to 
the  states.  Thus  the  whole  amount  of  revenue,  after  all  your 
brilliant  suceesses,  you  are  now  m  the  receipt  of,  in  jjursuance 
of  the  policy  of  compelling  Mexico  to  pay  the  expense  of  the  mil- 
itary occLipatioiv  of  the  country,  doe.s  not  exceed  the  rate  of 
S3,500,000. 

But,  Mr.  President,  these  are  mere  speculations,  and,  after  all, 
of  little  importance  to  the  country.  This  question  involves  higher 
consequences.  By  the  time  you  shall  have  perfected  your  finan- 
cial regulations  in  Mexico,  and  long  before  you  shall  have  aiven 
such  strength  and  power  to  the  new  government  you  propose  to 
erect — long  before  you  shall  see  tlio  day  when  you  can  safely  with- 
i'.raw  your  army  from  Mexico,  with  the  securities  you  desire,  a  new 
element  of  control  will  have  intervened — a  new  and  potent  intiuences 
will  have  sprung  up  to  set  all  your  plans  nt  naught.  Sir,  the  mo- 
ment it  shall  become  your  known  and  settled  policv  to  continue  the 
armed  occupation  of  Mexico — that  you  propose  to  occupy  all  the 
large  towns  with  a  competent  force  to  ensure  tranquility — ^that  you 
intend  to  extend  your  protection  to  the  highways  aiid  all  otlier 
channels  of  trade  and  intercourse,  and  that  this  military  protection 
is  to  endure  for  a  series  of  years,  as  it  must  endure,  what  must 
be  the  inevitable  consequence  ?  A  current  of  immigration  will  set 
towards  Mexico  from  this  country,  as  irresistible  as  the  torrent  of 
Niagara.  The  youthful,  ardent  and  enterprising  classes  of  this 
country,  attracted  by  the  thousand  rumors  which  go  forth  of  the 
untold  weiilth  of  the  Mexican  mines — of  the  wide,  and  yet  unoc. 
cupied  field  for  successful  enterprize  ijj  every  branch  of  industry, 
Vi'ill  soon  spread  themselves  over  the  whole  country.  They  will 
soon  become  proprietors  of  the  soil;  under  the  guarantee  of  the  new 
government  of  your  formation,  they  will  become  asriculturists. 
establish  factories,  and  become  the  most  useful  und  productive  class 
in  the  country.  They  will  send  for  their  lamilios,  or  form  family 
connectlon.s  with  the  native  while  population.  Yes.  sir,  before  two 
vears  shall  have  passed  in  the  execution  of  your  present  poliey, 
imndreds  of  thousands  of  your  own  citizens  will  have  become  do- 
miciliated in  Mexico.  Your  citizen  soldiers,  too,  will  have  become 
domiciled  to  a  permanent  residence  in  the  land  their  arms  have 
conquered.  They,  too,  will  have  contracted  ties  and  obligations 
which  they  will  not  be  willing  to  abandon.  Then,  when  you  shall 
suppose  that  the  time  has  come  when  you  can  safely  withdraw 
your  army,  a  cry  of  remonstrance  will  come  up  from  Mexico,  such 
as  will  find  an  echo,  a  lively  sympathy  at  home,  in  the  hearts  of 
tens  of  thousands  who  now  imagine  that  no  necessity  can  ever  arise 
strong  enough  to  I'cconcile  them  to  the  subjugation  of  the  whole  of 
Mexico.  These  influences  will  be  felt  in  all  the  departments  of  the 
government— they  will  be  felt  in  this  chamber.  It  will  not  be  the  Pu- 
ros  only,  but  it  will  be  your  own  countrymen  who  will  call  upon  you 
to  save  them,  their  families,  and  their  property,  from  the  resent- 
ment, oppression,  and  spoliation  of  the  powerbd  factions  which  will 
be  ready  to  spring  up  and  overturn  the  new  government.  That 
"force  of  circumstances,"  so  often  and  so  significantly  alluded  to 
in  this  debate,  will  then  acquire  tenfold  power  over  the  sentiments 
and  opinions  of  the  people  of  this  country,  and  over  the  public 
councils.  It  was  heretofore  strong  enough  to  impel  you  to  the  po- 
licy of  continuing  this  war,  by  carrying  yoiu-  arms  to  the  heart  of 
Mexico,  and  then  to  engage  you,  in  the  plan  of  creating  a  new 
government,  and  it  will  at  last  impel  you,  with  far  greater'reason, 
to  hold  the  permanent  sovereignty  of  the  whole  country  by  right  of 
tonquest. 

This,  sir,  will  be  the  last  act  in  the  great  political  drama  we 
are  now  enacting.  This  is  to  be  the  consummation  of  the  policy 
already  shadowed  forth  in  the  message.  This  is  not  merely  a  na- 
scent policy  ;  it  exists  not  in  embrjo  only  ;  I  have  attempted  to 
shovv  that  it  has  germinated  already.  That'it  is  not  merely  a  vaijuo, 
floating  idea  in  the  brain  lif  the  President,  will  fnlly  appear  Irom 
the  message.  I  beg  leave  to  read  a  few  passages  from  it.  After 
idluding  to  the  ))robablu  "  insecurity  of  the  present  government  in 
Mexico,"  and  suggesting  that  it  may  become  proper  to  give  ■■  as- 
surances of  protection  to  the  friends  of  peace  in  jMexieo,  in  the  es- 
tablishment and  maintenance  of  a  new  republican  government  of 
their  own  choice,"  and  thus  converting  the  "  war  which  Mexico 
has  forced  upon  us  into  an  enduring  blessing  to  herself,"  the  Pre- 
sident concludee  what  he  had  to  say  upon  this  part  of  the  subject, 
io  this  significant  language  : 

"If,  after  afloniini!  this  enconragemmt  and  protection,  anil  ol'ier  all  the  nevseverin" 
and  sincere  eftoits  we  have  made,  trom  the  moment  Mexico  commenced  the  war  and 
pnotto  that  time,  to  adjust  our  differences  with  her,  we  shall  ultimately  faU.  then  we 
ihaU  hav»  exhautled  all  honorable  means  in   pur.uii  of  peace   and  must  conl-.tiut  to 


o.cupn  lifr  counlry  u-ilh  our  IrMyia.  lakint' the  full   Measure  of  indemnity  into  out 
a'Cii  kaails.  aud  must  nijorce  the  tirma  u^iieh  our  honor  demands  " 

What  "the  taking  of  the  full  measure  of  indemnity  into  our 
hands"  points  to,  whoever  now  doubts  cannot  be  influenced  by  any 
reasoning  it  is  in  my  power  to  employ. 

But  it  is  not  the  President  only  who  appears  to  have  looked  to 
the  permanent  acquisition  of  all  Mexico,  as  the  probable  result  of 
the  policy  now  pursued  in  the  prosecution  of  the  war.  I  have  iu 
my  hands  a  copy  of  a  letter  addressed  by  the  Secretary  of  State 
(IVIr.  Buchanan,)  upon  this  subject,  to  a  public  meeting  in  Phila- 
delphia, in  which  he  sums  up  his  views  upon  the  war  question  in 
the  following  language  : 

"The  capital  of  Mexico  is  now  the  hcadrjuaiteis  of  nur  conquering  armv;  ;ind  yet 
inch  is  the  genius  of  our  free  institutions,  that,  for  the  first  time,  its  peacet*ul  and  well 
disposed  citizens  enjoy  seentity  in  their  private  riglits,  and  tlie  advauta^e  of  a  just  aud 
firm  ijovernment.  From  all  thai  can  be  learned,  tliev  appreciate  our  proleclion  at  us 
proper  vahie.  and  dread  nothing  so  much  as  the  withdrawal  of  our  army.  They  know 
this  would  be  the  signal  for  renewed  and  fierce  dissentioos  among  iheir  military  lead- 
ers, in  which  the  Mexican  people  would  become  the  victims.  In  this  wretched  condi 
tion  of  afl'atrs,  justice  to  them  and  to  ourselves  may  reonire  that  we  should  protect 
them  in  establishing,  upon  a  permanent  ba-si>,  a  repuhlicau  goveinmenl — able  and 
willing  to  conclude  anil  maintain  an  equitable  treaty  of  peace  with  the  I'nited  Slates 
.\fter  everv  eltbrt  to  obtain  such  a  treaty,  should  we  finally  tail  in  accomplishing  the 
object,  and  should  the  military  factions  in  .Mexii-o  still  petsi-t  iii  waging  upon  us  a 
fruitless  war,  then  we  must  fulfil  the  destiny  w  hich  Providence  may  have  in  store  for 
both  countries. 

"In  any  eveut^we  owe  it  to  the  glories  of  the  past,  to  the  duties  of  the  present,  and 
the  hopes  of  the  future,  never  to  falter  in  the  vigorous  prosecution  of  this  war.  imtil 
we  shall  have  secured  a  Just  and  honorable  peace.  The  people  of  the  United  States 
will  act  njion  this  dptermination.  as  surely  as  thai  inilomitable  perseverance  iu  a  righte- 
ous cause  is  a  characteristic  of  our  race." 

But  Other  powerful  and  influential  supporters  of  the  administra- 
tion have  also  furnished  pregnant  and  alarming  evidences  that  this 
idea  of  conquering  and  holding  all  Mexico  has  been  larofely  enter- 
tained. Need  I  refer  to  the  resolution  introduced  into  this  body  by 
my  friend,  the  Senator  from  Indiana,  [Mr.  Han\eg.a,n,]  or  to  the 
resolution  on  the  same  subject,  introduced  bv  the  Senator  from 
New  York,  [Mr.  Dickinson  ?]     They  s|ieak  for  themselves. 

There  are  others  who  have  spoken  upon  this  subject,  too  promi- 
nent in  the  country  to  be  passed  over,  without  notice  here.  I 
allude  to  opinions  expressed  by  officers  of  the  army.  I  have  un- 
derstood that  a  letter  has  appeared  in  one  of  the  public  journals  of 
the  country,  from  a  distinguished  and  gallant  general  recently  re- 
turned from  Mexico,  (General  Quitman,)  in  which  he  expressed 
hhnself  favorably  to  this  poliey.  I  would  be  sorry  to  misrepresent 
this  distinguished  officer,  for  I  have  a  high  respect,  both  for  hik 
patriotism  and  his  intelligence;  and,  if  I  am  in  error,  and  any  honor- 
able .Senator  has  it  in  his  power  to  set  me  right,  I  will  lliauk  him  to 
do  so.  Another  gallant  and  distinguished  general,  (Gen.  Shields,) 
I  observe  has  expressed  the  sentiment  on  a  public  convivial  occa- 
sion, that  the  whigs  are  ''warring  against  a  high  and  indomitable 
necessity." 

The  distinguished  and  able  chairman  of  the  Committee  on  Mili- 
tary Affairs  has  told  us,  that  although  he  does  not  anticipate  the 
annexation  of  all  Mexico,  yet  that  he  sees  nothing  so  alarmin"  iii 
sucharesidt.  I  could  multiply  the  proofs,  beyond  the  patience 
of  the  Senate  to  listen  to,  that  tiiis  gigantic  scheme  of  annexation 
has  been  gravely  considered,  and  found  I'avor  with  the  adminislra- 
tion,  if  it  be  not  its  settled  policy.  But,  sir,  whatever  may  be  the 
real  views  of  the  President,  and  his  cabinet  upon  the  subject,  I 
have,  I  think,  conclusively  shown  that  the  inevitable  tendency  and 
results  of  the  policy  they  advocate,  and  which  is  now  in  full  pro- 
gress in  Mexico,  is,  and  will  be  its  subjugation.  Considering  this 
point  established,  it  becomes  a  duty  of  the  last  importance  to  con- 
sider now — I  say  now.  while  we  have  it  in  our  power  to  control 
the  future  issues  of  this  war — what  we  shall  do  with  all  Mex- 
ico, when  it  is  annexed  to  the  Union.  Yes,  sir,  I  repeat  the 
question — what  will  you  do  with  it?  Will  you  annex  it  in  the 
form  of  States  ?  Let  us  see  what  will  be  the  consequences 
of  such  a  procedure.  The  several  States  or  provinces  of  Mex- 
ico, twenty-one  in  number,  now  enjoy  a  separate  political  or- 
ganization, with  sufficient  population  m  each,  to  form  a  State 
under  our  system,  except  two.  These  may  bo  well  merged  into 
one;  which  would  still  leave  twenty  new  States  to  be  admitted 
into  the  Union,  besides  the  territories,  by  a  single  legislative  fiat. 
By  the  constilutiun  of  the  United  States,  you  are  bound  to  guar- 
antee a  republican  form  of  government  to  any  new  State  admitted 
into  the  Union.  Well,  sir,  besides  three  millions  of  the  white  and 
mixed  races,  there  will  be  in  the  twenty  States  of  Mexico  a  popu- 
lation of  five  miUion.s  of  Indians  of  the  pure  aboriginal  stock. — 
They  are  freemen  by  the  present  laws  and  constitution  of  Mexico. 
What  will  the  spirit  of  progressive  democracy,  which  now  exer- 
cises so  large  an  influence  in  this  country,  prescribe  as  to  them  * 
Would  it  not  claim  for  them  the  enjoyment  of  the  right  of  suffrage? 
Is  it  not  the  genius  of  this  new  and  enlarged  system  of  political 
philosophy, to  inculcate  fraternal  union  npon  the  most  perfect  equal- 
ity, with  all  mankind?  But  suppose  this  point  waived,  and  that  it 
shall  be  determined  to  suspend  tiie  poliiical  rights  and  privileges 
of  the  Indian  for  a  tiinc;  still,  upon  the  principles  of  our  own  i-i- 
tablished  system,  you  must  permit  them  to  be  represented  in  the 
national  legislature.  They  are  freemen,  of  a  race  superior  to  the 
African,  and  you  cannot  deny  to  the  States  of  which  thev  com- 
pose a  majority  of  the  population,  this  right.  Then,  assuming 
one  hundred  thousand  as  the  ratio  of  representation,  von  will  have 
eighty  new  metubers  added  to  the  House  of  Representatives;  fifty 
of  whom  will  represent  an  Indian  population  alone.  But  it  is  the 
Senate  that  I  may  congratiUate  upon  the  largest  addition  to  its 
present  dignity  and  importance.  We  shall  have  forty  new  Sena- 
tors;  and  a»  the  mix«d  rac?s  of  Mexico  are,  by  habit  Jand  by  e, 


214 


THE  TEN  REGIMENT  BILL. 


[Thursday, 


juji  tribute  to  mental  superiority,  admitted  to  an  equality  ol'soci^il 
tnd  political  privileges,  it  is  to  be  hoped  lluit  wo  shall  alwnys  have 
a  portion  ol'  the  new  Senators  of  this  caste,  who,  by  the  novelty  ol 
llieir  complexion,  will  ffive  newinter-'st  and  attraction  to  this  body. 
Why,  sir.  at  this  rate  ol  advance  in  our  schemes  of  national  aggran- 
dizement, we  shall  be  subject  to  great  changes  of  every  description. 
This  capitol  will  be  fnunii  to  have  been  projected  upon  qnito  loo 
limited  and  narrow  a  view  of  our  destiny.  We  sholl  have  to  dis- 
pense with  it,  and  rear  one  commensiirato  with  the  trrandeiir  ol 
our  system;  or,  rather,  it  will  soon  become  expedient  lo  centralize 
the  national  metropolis. 

But,  sir,  you  hesitate  ;  you  recoil  from  this  view  of  the  subject  : 
you  turn  aside  from  this  picture,  and  say  you  will  adopt  a  policy 
less  revoltini;  to  the  popular  feelinss  and  judgment ;  that  for  a  time, 
at  least,  you  will  hold  Slexico  in  the  form  of  territories  or  provinces 
subject  to  your  regulation  and  government;  tliat  in  this  mode  j'ou 
will  govern  Mexico  until,  bv  immigration,  there  shall  be  .such  an 
mfusion  of  the  white  race,  in  all  the  provinces,  as  to  secure  to 
them  the  superiority  of  numbers  and  influence;  and  then  you  can 
adopt  them  into  the  Union,  as  States,  upon  an  equal  footmsi  with 
the  present  States  of  the  Union.  But  you  will  still  have  live  mil- 
lions of  Indians  on  hand,  to  be  an  ever-eating  canker  on  yoursys 
tern.  What  will  vou  do  with  these?  They  must  have  space;  you 
must  leave  them  tlieir  villages  and  commons,  you  cannot  drive  them 
into  the  Pncitic,  on  one  side,  or  into  the  Gull',  on  the  other.  You 
cannot  exterminate  them.  Yon  will  not  be  more  cruel  than  the 
Spaniards.  Vou  s:iy  that  von  will  lalce  them  under  youi  tutelage; 
that  you  will  enlighten  them,  commencing  with  your  mdit;iry  officci  s 
and  soldiers,  as  their  first  teachers,  and  the  b.-iyonct  for  the  rod  of 
discipline:  tiiatyou  will  stimulate  this  inanimate  mass  into  life  and 
energy  by  the  iiilluences  of  trade;  by  giving  them  the  benefits  of  just 
and  equal  laws;  that  you  will  thus  gradually  induct  them  into  the 
knowledse  and  duties  of  free  institutions,  and  that,  after  the  lap.se  of 
a  few  generations,  you  may  hope  tlioy  will  be  qualified  to  enjoy  all 
tne  privileses  of  the  white  race.  A  happy  termination  to  this  beni- 
ficent  scheme!     But  all  history — all  cxporicnce,  is  against  it. 

There  is  another  consideration  deserving  atteiuion,  though  of 
less  importance,  when  you  shall  have  resolved  upon  holding  Mexi- 
co as  an  appendage  or  subject  province  or  provinces.  What  will 
you  do  with  the  public  debt  of  Mexico,  which  is  said  to  be  now 
$100,000,000— S6O,0UO.0O0  of  which  is  due  to  foreien  creditors? 
Will  you  repudiate  it  ?  If  you  do,  you  may  bring  an  old  house 
down  upon  your  heads.  Will  you  seize  and  confiscate  the  property 
and  estates  of  the  clergy  '<  It  is  said  the  higher  clergy  have  a  great 
amount  of  debt  against  the  large  proprietors  of  miues  and  other 
estates,  secured  by  mortgages.  1  have  heard  is  estimated  as  high 
as  $170,000,000.  I  have  it  also  upon  good  authority,  that  the  Pii- 
ros  party,  in  conjunction  with  which  you  projiose  to  establish  a 
new  government,  have  long  contemplated,  as  one  of  thcu"  objects 
in  aspiring  to  power,  the  confiscation  of  tliose  debts,  to  pay  the 
public  debt  of  the  country,  and  to  appropriate  the  remainder  lo  the 
construction  of  roads  and  other  works  of  general  utility.  Will 
you  carry  out  this  policy  when  vou  shall  assume  the  absolute  do- 
minion of  Mexico?  If  you  do.  what  will  you  say;  iiow  will  vou 
excuse  yourselves,  to  the  new  Pope  of  Rome  and  Bishoji  Hughes  f 
These  are  troublesome  questions,  but  I  trust  that  Senators  wiUse^ 
that  they  deserve  consideration. 

Permit  me  now,  sir,  to  call  the  attention  of  tlie  Senate  to 
seme  of  the  further  consequences  which  may  attend  this  scheme 
of  conquest  and  annexation.  When  it  shall  be  known  in  Eu- 
rope that  you  iiave  solemnly  decided  upon  the  policv  of  ex- 
tending your  dominion  over  all  Mexico,  will  there  be  no  dispo- 
sition among  the  large  and  powerful  .st.ates  of  that  continent  to 
interpose  and  prevent  the  consiuumatioii  of  your  magnificeiii 
scheme  of  national  aggrandizement?  Upon  this  point,  I  would 
respectfully  inquire  of  the  chairman  of  the  Committee  on  Militarv 
I  Aftairs,  if  the  disposition  of  Ibreign  courts  has  been  sounded  upon 
thissubjccl.  I  can  hardly  suppose  that  if,  has  not  been  done.  It 
may,  and  probably  will  be  said  that  we  will  permit  no  interference 
of  any  foreign  power;  that  they  have  no  right  to  interfere,  and  the 
moment  such  a  movement  is  made,  the  whole  population  will  rise 
up  to  resist  the  audacious  attempt.  Still,  sir,  the  great  powers 
of  Europe  may  choose  to  interfere.  I  do  not  think  they  will,  for 
several  reasons  Great  Britain,  with  her  largo  C(domal  posses- 
sions on  our  northern  border,  and  her  commercial  interests  and 
ascendency,  will  have  most  cause  to  watcli  our  career  til  <'onquest; 
but  still  she,  with  the  other  monarchies  of  Europe,  may  look  on  in 
quiet  complacency,  shrewdly  supposing  that  we  mav,  in  our  cx- 
travaiiant  attempts  on  all  Mexico,  do  for  ourselves  the  worst  their 
united  arms  could  do.  and  with  far  less  cost  to  them;  that  the  sub 
jugation  of  Mexico  will  be  a  perpetual  drain  upon  our  resources. 
und  reduce  instead  of  adding  to  our  present  rank  as  a  militarv 
power.  Perhaps,  too,  they  may  indulge  the  expectation  that  iii 
the  mad  career  wo  are  enterins  upon — that  model  syslcin  of  free 
representative  government  ;  that  mirror  system  established  in 
America,  which  has  so  long  reflected  back  upon  Europe  au  image 
of  freedom  and  jirosperity  and  liappiness,  so  seductive  vet  so  dan- 
gerous to  tlicmselves,  will  be  broken  in  pieces,  never  more  to  be 
reconstructed. 

There  are  other  reasons,  however,  which  may  control  the  conn- 
cds  of  Europe.  They  have  their  troubles  at  home.  England  has 
her  Ireland;  France  her  -Vlgcria,  to  tax  their  resources  and  hold 
them  in  check.  France,  in  a  period  of  no  little  agitation,  and  with  a 
population  which  the  consummate  skill  and  statesmanship  of  Louis 
Phdlippe  has  failed  to  unite,  is  on  the  eve  of  enteriiig  upon  the  ex- 
periment of  a  regehcy  undi^r  the  reign  of  a  minority  prince,     Eng- 


land and  France  arc  jealous  of  each,  other;  and  both  look  with 
fearful  apprehension  lo  the  designs  of  the  Autocrat  of  the  north, 
the  great  Xorthcrn  Bear,  who  only  waits  the  embroilment  of  those 
two  powers  with  each  other,  or  with  America,  to  stretch  forth  one 
of  his  huge  paws  to  draw  to  bis  strong  embrace,  the  dominions  of 
the  Grand  Turk,  and  with  the  other  to  grasp  British  India;  with 
an  internal  capacity  still  remaining  suflicient  to  ingulph  all  Europe, 
as  occasion  may  offer. 

Still,  sir,  England  and  France,  disregarding  all  other  considera- 
tions, may  conclude  that  their  commercial  and  other  interests  re- 
quire them  to  unite  in  a  forcible  interference  with  a  policy  -which 
looks  to  the  establishment  of  an  unlimited  dominion  upon  this  con- 
tinent; and  it  becomes  us  to  estimate  the  consequences  of  such  a 
determination  on  their  part.  The  war  in  which  we  shall  then  be 
engaged  will  not  be  confined  to  the  land.  It  will  bean  ocean  war- 
fare also.  To  meet  their  united  naval  armament  of  a  tliousaod 
ships  of  war,  we  must  enlarge  our  own  n;ival  establishment  in  a 
corresponding  degree.  When  Mexico  sliall  find  such  allies,  when 
the  disciplined  legions  of  the  combined  enemy  shall  be  brought 
to  her  assistance  on  land,  instead  of  fifty,  we  shall  he  called  on  to 
send  one  hundred  thousand  troops  to  Slexico,  and  have  as  many 
more  to  defend  our  sea-coast,  then  extending  from  the  mouth  of  tha 
Oregon  to  the  Gulf  of  Tehuantepec  on  the  Pacific,  and  from  the 
Bay  of  Honduras  to  the  Bay  of  Fundy  on  the  Gulf  of  Mexico  and 
tha  Atlantic,  Who  shall  estimate  tiie  cost  of  maintaining  such 
armaments,  both  by  sea  and  land,  as  it  would  then  be  incumbent 
upon  you  to  supply  ?  To  say  that  a  hundred  millions  per  annum, 
would  cover  the  co.st  of  such  a  W-ar  would  be  under  rather  than 
over  the  mark.  And  where  will  be  your  resources  when  your  lb- 
reign  commerce  shall  be  annihilated  ?  Sir,  it  may  be  xrise  and 
patriotic  to  speak  of  foreign  interference  as  an  event  to  be  defied; 
hut  it  is  also  the  part  of  wisdom  to  consider  that  it  is  possible,  if 
not  probable,  and  to  make  our  account  accordingly.  I  knovr, 
sir,  Senators  may  exclaim — who  dreams  of  such  a  result  as  a  fo- 
reign interference:  as  a  war  with  England  and  France  !  Who,  sir, 
ought  not  to  dream  cf  such  results  when  they  understand  the  ten- 
dency of  our  present  policy  in  regard  to  Mexico?  And  how  often 
has  it  liappened.  that  the  greatest  misfortunes  have  befallen  a 
country  because  her  statesmen  have  failed  to  dream  m  time  of  the 
dangers  which  impended  over  them. 

I  must  say,  sir,  upon  this  subject  of  foreign  intervention,  that 
the  course  of  this  government  is  any  thing  burconciiiatory  towards 
the  powers  of  Europe.  At  a  moment  when  you  have  already 
seized  upon  New  Mexico  and  California,  and  declared  your  inten- 
tion never  to  .surrender  them;  and  -when,  at  the  same  time,  you 
are  preparing  to  grasp  all  Mexico,  3'ou  proclaim  to  the  world  your 
dctenuination  to  allow  no  transatlantic  power  to  acquire  any  fur- 
ther foothold  in  America.  Whde  by  this  declaration  you  announce 
what  may  pass  as  a  sound  policy,  by  your  practice  you  take  away 
all  merit  from  the  motive.  You  will  suffer  no  other  power  to  add 
lo  their  dominion  by  taking  advantage  of  the  feeble  and  distracted 
conditions  of  the  States  of  Spanish  origin,  while  you  claim  the  pri- 
vilege to  despoil  them  at  discretion.  You  will  have  no  partners  in 
the  work  of  territorial  spoliation.  You  i-laim  a  monopoly  of  the 
spoil  and  plunder  of  America. 

I  now  propose,  Mr.  President,  to  address  myself  to  another 
branch  of  the  subject.  What  will  be  the  effect  oi'  subjugating  all 
Mexico,  and  holding  it  in  the  form  of  States  or  as  dependent  pro- 
vinces, upon  our  system  of  government,  our  free  institutions. 

The  distinguished  Senator  from  South  Carolina,  shewed  a  great 
deal  of  hardihood,  or  rather  that  he  is  a  Statesman  of  a  by-soai. 
age,  when  he  broached  the  obsolete  idea  of  executive  patrcnago 
and  the  duty  of  keeping  it  in  just  and  reasonable  limits  even  with 
our  present  extent  of  territorial  power  and  dominion.  Who 
can  now  speak  of  the  subject  of  patronage  without  being  thought 
I'ar  in  the  rear  of  the  times  ?  Why,  sir, -does  not  the  distinguished 
Senator  know,  that  from  the  moment  when  the  doeirine  of  pro- 
scription could  be  openly  avowed,  and  the  right  of  the  ruling  party 
to  the  exclusive  enjoyment  of  the  offices  and  honors  of  the  country 
was  rigorously  practised  by  one  great  party;  and  the  justice  and 
propriety  of  the  policy,  sustained  by  a  large  portion  of  the  other, 
a  final  extinguisher  was  applied  to  all  hope  of  limiting  the  patro- 
nage of  this  government  upon  anv  old  fashioned  notion  of  econo- 
my. Yet  sir7  I  remember  the  time,  since  my  entrance  into  piibiio 
life,  when  the  cry  of  proscription,  of  retrenchment  and  relorm. 
was  potent  enough  with  the  people  of  this  country  to  overturn  an 
administration  distinguished  alike  for  its  economy,  honesty,  and 
ability  in  conducting  the  adairs  of  government. 

But.  sir.  we  should  not  desp:iir  of  resisting,  successfully,  the 
;ivalanehe  of  power  and  patronace,  which  now  threatens  to  over- 
whelm us.  Let  us  inquire  f(fr  n  moment,  what  will  be  the  amount 
of  patronace  which  will  accrue  to  the  Executive,  when  Mexico 
shall  be  a<lded  to  our  domain,  and  laid  off  into  separate  territories 
or  provinces. 

We  shall  have  not  less  than  twenty-four  new  and  distant  territo- 
rial, or  provincial  governments,  each  of  which  must  have  a  gover 
nor — twenty-four  govcrnor.s — and  .'.s  many  secretaries,  to  their  ex- 
cellencies; then  the  judicial  corps  in  eac  h  province,  two  or  three 
judges — an  attorney-gene-al,  and  a  marshal.  Then  will  follow 
collectors  of  customs,  and  at  numerous  ports  on  the  Pacific,  and 
on  the  GnU'of  Mexico  ;  the  directors  of  nine  public  mints.  Then, 
for  a  period  at  least,  we  must  have  a  military  chief,  of  a  grade  not 
lower  than  a  general, commanding  tho  forces,  in  each  province;  ard 
last,  though  not  least,  a  governor-general  lor  all  Mexico.  Why, 
sir,  John  Bull  need  not  swell  himself  out,  and  vaunt  himself  so  lus- 
tily any  longer.     We,  too,  shall  have  our  Indies;  our  subject  mil- 


THE  TEN  REGIMENT  BILL, 


216 


Febeuary  3.] 

and  tbough  -«  --^y ^^^^^'^^^f  f^^^^rife  ti"  to  li,e  frozen  .ea.  of 
■ons  of  national  siranueur  <iiiu  ui  ^  Uphold   at  1 1  ?^  seat  ol 

«!'  New  Leoi  •'  a,  1  so  of  the  rest.  "  A.ul  I  have  the  p.oml  sat- 

teztima  •  the  two  capitals  of  the  United  Emigre.  1  h.»  shall  he 
our  Rome,  and  if  the^.akc  Zeseueo  can  he  converted  ,n  a  strait, 
Montezuma  shall  be  our  Constantinople 

Well     sir,  do    honorabhj    Senators  think    that  ^^e    can    stdiw 
alMhs   more   than   l'-P<^"^  ^t"^"^' ,^f'^^''T^ X 

i^^:ntt^?^Xd^who,;^^^^^^ 

rfnt  Presidential  elect  ons  ;  an  excitement  so  intense    hat  society 
1 1  v>«»,  nn  move      Bat  when  we  shall  have  a  standing  array  ol 
^ri  thousand  men    -hen  our  empire  shall  be  enlarged  to  the  con- 
femJlated  limulTwhen  .lie  who4  country  shall   have  been  intoxi- 
3  hvt,   passion  lor   distinction  and  glory,  personal  and  na- 
HonlUentfre  Presidential  purple  with  its  present  power  and 
lt;ikre Tresentinff  a  temptation  almost  too  great  lor  virtue, 
La  !  reeei'vo  thfs  vas^t  accession  of  strength  and  influence  ;  when 
,i/rf  nf  fwentv  or  thirty,  the  President,  can   annually  dispense 
instead  of  «J^"'^°' ™„,^  \,;,  p,u-iizans  and  followers,  who  shall 
s\y"T  at  o"  iltt   uu"nswill  be'^in  no  danger  i     But  we  may  eon- 
sofe'  oursel  es  with  the  reflection   that  the  'o'™^,°'     .l|f  ^^J^" 
v?  11  St  II  be  preserved.     The  republic  in  rum  will  still  tlouish, 
Mi.  ™,r=    will   <liU    be    denominated   .he    g.eat   republic. 
Bnt  what   are  form     and  what  is  a  name  i     The  Eonrnn  republic 
W  sm  i'cd    he  cnished  liberties  of  the  people  ol  Home      Au- 
lasws  and   his  immediate  successors,  carefully  observed  a  1  the 
forrns  of  the  ancienl  eonslitulioii.     Consuls  were  elected     t be  So- 
,T„^nti>,„p,l  to  debate  and  register  decrees,  fancying  itsell  still 
ll*:  n^S  M~  ^  the  go^rnment,  long  after  ^J  -' ^^ 
of -real   power  had  departed  Irom   it  lor  ever.     But  Senaiois  say 
th^re  s  no  danger  ol  a  similar  result  to  onr  system,  whatever   po- 
itv  wo  shall  adopt  in  relation  to   Mexico     and  so   they  go  on,  m 
he  execudon  of  their  present  poUcy,  to  whatever  it  may  lead. 

And  tSs  destiny  I'll  is  death  !    This  is   to  be  the  trmmph  o 
.,Ana  tnisis  uesu.j  „  loss  to  understand  what 


;,  And  this  .s  destiny  :  -ii  '^  "-"'^^  aV  a  loss  to  understand  vvhal 
^[l^X^  :fir"i;:Lg^hei  '^^^e^s?;::  from  the  good  old 
?  l!;^n,^d  denocr'acv  under  which  our  -overnraent  was  lormed.  1 
tto;  btft  Mc  oflL  ew  school,  but  the  little  I  do  know  has  not 
know  "'■«''"'%„' 'y  I  an,  too  old  to  adopt  new  theories  ct 
'^ve  nmen  tespmaU '  when  I  am   satisfied  with_  my  early  creed. 

sometning   .1"  mankind.     It  claims  alliance  and   joint 

dition  °r^^<='';^y  f"„°'  b,  seaand  land,  with  the  locomotive. 
Sear  hi"  d  rramV-sfrwitt  the  magnetic  telegraph  and 
f  It^TogaLe  yoiiM  se^; -dy  «  -^J^e^l;^-:-^,^^- 

'arrV'aftiz'r  dec  ai'L^ng"^:  rally  of .  the  extension  of  the 
^rea  oT^'^^dom.  Our  present  limits  are  4-te  too  c^ntrac^d  ,^and 
nothin"  le'ss  than  a  continent  can  give  scope  loi  the  developemem. 
nf  theU-  prfnciples.  Old  ideas  and  all  existing  institutions  ha^e 
fulfilled  \heir  mission  ;  and  must  give  place  to  new  ones,  moie 
conformable  to  the  true  destiny  ol  man. 

Indeed  sir,  in  regard  to  the  recent  invention  called  progressive  dc 
mocracv  I  am  as  ignorant  and  as  much  puzzled  and  conlounded  by 
Te  dec  aration  of  its  expounders  as  the  Inca  of  Pern  when  Pizarro 
oauseTh  'chaplain  to  eiplain  to  him,  through  an  interpreter,  the 
4"ent  of  his  authority  and  the  heavenly  character  of  hts  mission  to 
America      The  reverend  priest  spoke  first  of  the  Holy  Triuitj; 


then  of  the  Pope  of  Home,  and  last  of  the  Emperor  Charles  V, 
am  of  the  povvers  and  attributes  of  each.  But  the  ruysterj  was 
too  p  o  iifd  for  the  untutored  mind  of  the  Indian .  The  good  Inca 
n  despairoxclaimed:  -Woe  is  mel  all  that  you  say  ol  your  Three. 
Sne  G^:  of  the  great  man  who  sits  upon  the  seven  hillsi  and  o. 
another  "rcat  man  called  the  Emperor,  I  canm.t  understand;  hat  I 
see  plainlv  that  vou  claim  the  right   to  take  Ir.m   me  my  country 

'•"tir'  fedi^:^iC't^  views  I  have  presented  on  this  sul,ec., 
it  will  be  perceived  that  I  have  not  proceeded  on  the  ground  that 
he  administration  entertained  any  scheme  for  the  connuest  of 
Mexico  until  after  the  termination  ol  the  campaign  o  Gen.  bco  , 
^^^r^apture  of  >l;e  citj- of  Mexic.  and  the  'adt^e^  Mr.  Ti^t^s 

"h|:l:r;  p^c  ti  ^ol^l^i^idtd  adopted  m  the  Inrther  pros- 
ecuTion  ol  the^var.  and  which  is  still  persisted  m.  w  nch  m  Us  in. 
CLUtion  Ol  LUC         ^  Mibiugation  ol  that  eountrv . 

r,;;;vf  r^Si'n'd  uf  "t-Il^lJlh.lroiii^         .cnorof  ^  rn^. 

a.e  ftscf  and  nuuierous  other  proofs  and  circumstances,  that  the 

Xi  1    t n tion  have  looked  to  this  as  the  possible,  il  not  probable 

,ulin  nisri.uioLi  1...  ,i,„,.  i,„vc  wei''hed  the  conseipicnccs  and 

;:::o:ed;r.]:;^T;..n.  I  i^i^ersr^fmyrem 

fuU  wci-T  °,  ,o  the  argument  of  the  -•  force  of  circumst,ances  ;  and 

e  reafd  ifieu  lie-^  and   embarrassments  in  which  the  administra- 

the  real  """'"M^  ,,!,•„„  .^e  war  to  a  close,  as  the  mducement 

tionismvolved.nl     ng.Uthe«   .  „l,servcd,  that  m 

ISJ^sI^u  ^u'on  ':S^.  Ihavc  not  considered  ,t  material  what 
t  tl^views  of  the  I^cud^  may^  ^:^Z^'^^:'l^i 
™::?r  C; .:" ^^^"  ion^this  w^r  acceding  to  the  plan  now 
;  ope  at  n  and'^c.r  ,he  objects  explicitly  avowed,  whether  the  ad- 
mimstration  wills  it  or  not!  can  have  no  other  termination  than  the 

""^^^^■rr;lwt;Sb:h,reus,  .  not  whether  we  shall 
nas^  hib  il  but  how  we  shall  stop  this  war,  or  control  by  our  re- 
solve  l!ie  future  prosecution  of  it.  It  is  clear,  sir,  that  we  have  av 
solves  tne  luiuic  1 1>^  .„hieh  will  be  raemorab  e  in  all  time  lor 

'■"'1  'r  rorev"l  '"it  is  a      po'  hi    us  nol  like  the  crises  alluded  to  by 
Thonc^^b  Chairman  o?tl- Committee  on  Military  Atiairs^  ^ 
nn,  loucMion    re-arding    the    settlement  ol  disputed  pomts  of  do- 
rs^^;;^ir;wncthertht,,.otecUon^^^ 

l^^tlTsrtrJrt^  ::^^ldb:r  most  suitable  hsca,  a,e„,  or 
he  r.ovlniment  :  but  'it  is  a  contest  ol  principle,  in  vyhic  i  .1  e 
«  hoifframe  and  policy  of  our  free  svstcm  ol  government  is  liable 
To  be  unsr^tled  and  revolutionized.  We  are  as  a  nation  about  to 
entcVipon  a  perilous  enterprizc.  as  vast  in  Us  aims  as  u  is  daring 
f,    ts  concept  on.     The  proposition  is,  or  soon  will  be,  il  not  arres- 

J'h,-  hrn'atiinai  legisfatu^e,  the  '--or^^-\'^"'?}\ZewZXj 
t  territorv  lar"e  enough  to  found  an  empire  ol  Usell.  8uiely .  sii ,  be- 
fore 4  try  "tlie  hazard  of  this  untried  state,'  we  should  pause  . 
I  am  persuaded  that  the  boldest,  and  even  the  most  reck  ess  of 
hose  who  lavor  this  gigantic  project,  must  leel  some  trepidation, 
some  mK-iving,  If  tlicv  are  patriots,  as  I  doubt  not  they  are  the 

Sri^^th:^:o.tfth:^rw"^~^ 

annexlrt'oi,  extVavaL'anl  as  it  mav  appear  to  them,  let  me   warn 
them  that    hev  are  hilling  themselves  into  a  false  security. 

Permrtmeto  advert  for  a  moment  to  some  ol  the  elemoins  ot 
pomiUunfluence,  which  exist  m  lavor  ol  this  policv,  and  the  ad- 
van  aEC  ot  the  position  which  its  advocates  enjoy  over  their  oppo- 
nen  s^  Wl  v.  I.  the  verv  magnitude  of  the  proposition,  though 
tTrtlin-  a  first  from  a  distrust  of  its  consequences,  soon  become,  a 
ource  of  favor  and  support.  The  passion  lor  'hf  ^-"f'^he  v^U 
and  the  marvellous,  inherent  in  the  mind  especial!) .  ol  the  yo"thIul 
and  ardent,  soon  produces  its  natural  eflect.  and  overcomes  all  oh. 
ttacle"  Wbv,  sir,  I  confess  that  when  I  give  the  reins  to  the  ima- 
Jinatmn  I  am  ntoxieated  with  the  grandeur  ot  the  prospects  that 
nay  be  opened  to  us  as  a  nation.  Sir,  it  is  a  dangerous  subject  to 
"ontemp  ate.  With  all  the  fearful  consequences  that  may  ar.s. 
fronr  he  adoption  of  this  great  project,  some  ot  which  I  have  en_ 
leavored  to  depict,  it  still  has  great  attractions.  Pope  ■llustrated 
the  operation  of  the  human  mind  upon  such  a  question,  m  his  da 
scription  of  the  allurements  to  vice  • 


•  Vice  is  :.  monster  of  <iu'h  fri;litlul  niiei, 
Tliat  to  lie  iiH'.eil  lieejs  l)Qt  to  lie  seen  ; 
BiU  seen  too  oil,  lamiiiar  witii  its  face.     ^ 
We  first  endure,  Uien  pity,  liieii  embrace. 
Yes.  sir.   pity  is  not   an  inappropriate  idea  :  for  w.   shall  soon 
hear  of  the  pitiable  condition  of  the  poor  Mexicans  ;   a  prey  ^o  all 
the  evils  of  Ltion  and  anarchy.     The  project,  though  formidable, 
rnd   repulsive  to   the  judgment,  at  first,  when  it  comes  to  be  soft- 
cd  dTn    and   its  dingers  diminished  by  the  bnllmnt  eolor^P  o 
r-incv  no  longer  seems  so  fearlul  and  perilous.     Add  to  this  the  vast 
IxtentrftecountiT  Itself;   the  broad  table  ot   the  Cordilleras  o 
d^e  \n  es   opcnin..  but  like  a  fan  from  the  sooth,  to  the  west  and 
ortir    aftb,X"ev^rv  variety  of  clime,  from  the  torrid  to  the  tem- 
pera e':"nd  then  the  grandeur  and  magnificence  o'  -me  o  is  fea- 
tures and  the  beautv  ol  others.  There  nature  exhibits  hersell  m  he. 
post'  "ibhme  and   territic,  as  well   as  in  ^er  --    "-  >'  -^-l^,.^"; 
,.l,Bnfin<r  aspects      You  see  snow-capped  raountam-peaus  toweim 

to  the  STand  »he  ^""-^^^y  «^^'""  '"^'''''"'  '"'"=  '^^  '^'  "^' 


216 


THE  TEN  REGIMENT  BILL, 


I  Thursday 


flowery  vales,  studded  witli  rofreshine  lakes.  There,  too.  iidture  has 
bestowed  the  often  fatal  gifts  of  mountains  teeming  with  the  pre.- 
cious  metals  ;  and  the  earthqtmke  not  infrequent  conies  to  awaken 
the  guilty  conscience  of  the  oppressors.  It  is  a  country  full  of 
stirrmp  recollections.  The  pen  of  Prescott  has  made  it  a  classic 
la.nd.  It  was  the  theatre  of  the  deepest  ajid  darkest  tragedy 
ever  enacted.  It  is  the  land  where  once  tlourishcd  a  (jreat 
and  populous  empire,  founded  by  a  race  of  unknown"  ori- 
gin, and  of  mysterious  destiny.  Sir,  Sirikini;  as  these  thinirs 
are  in  themselves,  distance  •jives  to  them  additional  charms, 
and  increased  enchantment.  These  are  some  of  the  attractions 
which  captivate  the  imagination  of  the  yount;,  and  pervert  the  juda- 
mcnl  of  mature  aoe;  and  we  shall  see  that  in  due  time,  thcv  will  be 
heralded  forth,  throughout  this  wide  cdiuitry,  liy  a  thousand  tongues, 
in  strains  of  vivid  and  impassioned  clotiuenoe.  Sir,  the  gratifi- 
cation of  national  ambition,  the  national  pride,  the  love  of  power 
and  dominion  which  lill  the  heart  of  man,  the  idea  tliat  we  belong 
to  a  great  and  powerful  nation,  heiw  often  in  the  iiistory  of  the 
world,  have  they  reconciled  the  sincerest  patriot  to  despotic  rule 
encircled  with  glory. 

Sir,  I  conless  njy  own  weakness,  and  when  I  contemplate  this 
picture  of  national  greatness  I  often  lind  myself  wishing  that  this 
future  could  be  realized  without  danger  to  the  public  liberty. — 
How  I  would  c.Nult  if  \^■e  could  only  ])reserve  the  free  institutions 
of  the  country,  its  future  prosperity  and  repose.  If  such  are  my 
own  feelings,  what  uuist  be  the  cfiect  of  the  brilliant  destinies  of 
the  republic  presented  to  the  youth  of  the  country,  full  of  ardent 
and  ambitious  hopes,  and  whose  impulsive  and  inexperienced 
minds  seldom  pause  to  weigh  the  evils  which  may  attend  a  career 
of  such  glittering  prospects.  Sir,  who  shall  undertake  to  prophecy 
a  favorable  issue  to  this  question  when  every  temptation  to  ambi- 
tion, individual  and  national;  when  every  lure  calculated  to  excite 
and  win  over  to  this  scheme  of  conquest,  alike  the  laudably  curious 
.■nd  cnterprizing  among  the  youth  of  the  country;  anil  the  vicious 
and  corrupt  slaves  of  cupidity — are  ofl'ered  in  rich  profusion. 

Wo  must  not  forget  the  army.  It  is  already  an  element  of 
great  inlluence  in  the  country.  Honest  and  patriotic  as  our  gal- 
lant ofTicers  and  citizen  soldiers  may  be,  it  is  but  natural  that  they 
will  form  attachments  to  the  country  Mhich  has  been  the  scene  of 
their  clory.  and  desire  its  consolidation  with  their  native  land.  We 
have  already  seen  evidences  of  this  feeling  in  the  letters  and 
speeches  of  gallant  officers  now  in  the  country.  They  too,  are 
but  men  like  ourselves,  with  all  our  passions  and  separate  inter- 
ests. While  Mexico  continues  to  be  the  seat  of  war  they  may  ex- 
pect to  win  new  laurels  in  the  service  of  their  country.  The  am. 
bitious  among  them  wlio  have  not  yet  reached  marked  distinction, 
will  desire  new  occasions  for  the  display  of  heroic  valor.  And 
when  all  Blexico  shall  bo  subdued  to  our  dominion,  and  no  new 
fields  of  martial  oistinction  shall  he  presented,  they  may  still 
expect  to  find  employment  congenial  to  their  habits. 

There  is  another  greater  and  more  formidable  influence  to  be 
looked  to,  in  the  settlement  of  this  question.  There  is  a  great 
.ind  powerful  party  in  this  country,  a  party  which,  for  the  last 
twenty  years,  with  the  exception  of  a  slight  interval,  has  held  the 
reins  of  power  and  enjoyed  the  honors  and  emoluments  of  the 
civil  service.  The  result  of  the  late  elections  have  shaken  their 
security,  and  they  may  be  expected  to  put  forth  all  their  energies 
to  maintain  their  ascendancy.  If  the  President  persists  in  his  pre- 
sent policy  a  few  months  longer,  the  issue  must  come  to  be,  "the 
conquest  of  all  Mexico."  I  do  not  suppose  that  every  member  of 
the  party  will  yield  their  settled  convictions  on  this  subject  for 
party  considerations — far  otherwise.  We  have  already  heard  the 
voice  of  opposition  to  this  policy  from  the  other  side  of  this  Cham- 
ber. The  distinguished  Senator  from  South  Carolina  has  led  the 
way;  and  I  trust  many  others  will  follow.  But  party  is  a  tyrant. 
Do  Tocque\-ille  was  right  when  he  said,  that  in  few  countries  of 
ihe  world  was  political  opinion  less  free  than  in  this  free  country  of 
ours.  Who  that  has  been  in  public  life,  has  not  felt  the  party 
lash  ?  What  so  galling  to  the  feelings  of  an  ingenuous  mind  and 
a  patriot,  as  to  tind  himself  compelled  to  relinquish  his  station,  or 
to  yield  to  the  behest  or  dictation,  often  of  inferior  minds,  who  by 
^uperior  chance,  come  to  be  considered  party  leaders;  and  the 
brightest  genius  sometimes  makes  a  fatal  blunder. 

Sir,  in  calculating  the  advantages  whieh  the  supporters  of  the 
policy  of  conquest  possess,  end  the  chances  of  averting  such  an 
issue  in  the  coming  political  conflict,  there  is  one  of  a  peculiar 
character  whieh  deserves  to  be  considered.  It  arises  from  the  di- 
lemma in  which  the  President  is  placed,  in  part  by  himself  and 
his  friends,  and  in  part  by  the  whig  opposition.  The  President 
very  early  in  the  progress  of  the  war,  declared  his  purpose  of  re- 
taining New  Mexico  and  California.  But  his  friends  of  the  north 
and  east  said  to  him,  you  shall  not  take  those  territories  but  upon 
>ho  condition  of  the  Wilinot  proviso.  The  whigs  of  the  south  be- 
came alarmed,  and  united  with  the  north  in  the  no-territory  policy. 
Thus  was  the  President  checkmated  both  liy  his  friends  and  oppo- 
nents. This  was  his  dilemma;  hiiw  to  escape  from  it  was  the 
question.  He  had  n.j  way  to  escape  but  by  frankly  retracing  his 
iteps,  acknowledging  his  error,  and  making  a  treaty  without  the 
cession  of  territory;  but  that  few  men  in  high  station,  and  who  aspire 
to  the  rank  of  statesmen,  can  aflord  to  dti.  It  rc(|uircstt  great  man. 
a  very  groat  man,  to  do  this.  1  dn  not  mean  to  .speak  oiiensivelv 
of  the  President.  I  consider  tho  embarrassment  under  which  he 
was  thus  placed  in  reference  to  the  conclusirm  of  th<'  war,  great 
und  serious.  If  he  treated  with  Mexico  without  ihe  territories. 
nothing  but  the  military  glory  achieved  in  tho  war  would  remain, 
after  all  tho  sacrifices  of  the  country  in  the  prosecution  of  it.  From 


this  embarra.'-smi'nt  nothing  could  relieve  him,  but  the  intervention  of 
Congress  by  declaring  the  objects  of  the  war.  Hence  was  he  tempt- 
ed continually  to  a  new  line  of  policy;  and  the  refusal  of  the  govern, 
ment  of  Mexico  to  treat  with  Mr.  Trist,  with  the  brilliant  conquests 
nf  Gen.  Scoti .  gave  the  encouragement  to  the  new  and  extended  ob- 
jects of  the  war,  which  now  consutute  his  avowed  policy.  And 
ihe  causes  which  produced  this  determination  must  still  embarrass 
the  President  in  anv  attempt  to  close  this  war  unless  Congress 
will  relieve  him.  He  is  still  impelled  by  a  dire  moral  necessity, 
'■ithor  to  degrade  himself  from  the  rank  of  statesmen,  by  the  volun. 
tary  confession  of  error,  or  to  take  the  hazard  of  elevating  him- 
self to  a  still  higher  fame,  or  of  losing  all  by  involving  his  country 
in  a  fatal  enterprise. 

But,  sir,  the  friends  and  supporters  of  the  President  and  his  ad- 
ministration, are  embarrassed  by  the  same  causes;  they  are  in  a 
like  dilemiua  with  himself,  and  one  in  which  they  involved  both 
him  anil  themselves.  Hence  the  temptation  to  them  lo  adopt  a 
new  and  bolder  policy;  to  extend  their  views  far  beyond  New  Mex- 
ico and  California.  A  whole  party,  powerful  in  resources  of  skill, 
talent  and  patronage,  are  thus  placed  in  circumstances  strongly 
urging  them  to  an  issue  whieh,  at  one  bomid  clears  every  barrier 
— relieves  them  from  all  past  embarrassments  ;  Wilmot  proviso  and 
all — and  if  they  slioiild  tail,  they  will  fall  in  the  execution  of  a 
bold  conception;  but  if,  on  the  other  hand,  they  should  be  success- 
ful, and  carry  out  the  daring  project  of  uniting  all  Mexico  to  our 
Union,  the  leaders  of  the  enterprise  will  leatea  name  in  history, 
of  no  halfway  measure  of  renown  or  dishonor.  The  fame  of  t  lie 
authors  of  the  inovemeut  must  rise  with  the  increasing  glory  of  a 
still  free  country;  or  their  names  will  be  execrated  ami3  Ihe  broken 
and  crumbling  ruins  of  the  republic. 

Such,  sir,  are  the  dangers  and  temptations  to  whieh  the  country 
now  stands  exposed  ;  and  if  the  party  in  power  shall  deter- 
mine to  make  the  issue  I  have  supposed,  who  can  estimate  it* 
Ibrce  ill  the  decision  which  the  country  must  declare. 

And  what,  sir.  are  the  resources  of  power  and  influence  which 
the  opponents  of  this  scheme  have  at  their  command  t  where  the 
high  otlicial  stations  ?  what  patronage  to  uphold  the  public  press 
^to  stimulate  the  zeal  of  partisans?  None,  sir,  none.  They 
must  rely  alone  u])on  the  moral  influence  and  considerations  inher- 
ent in  the  question  itself.  Does  any  one  inquire  where  is  the 
whig  opposition — the  great  whig  party  ?  Why,  sir,  as  a  party 
the  whigs  in  standing  out  against  this  policy  are  shorn  of  half 
tlieir  stren<Tth  by  the  very  idea  that  their  opposition  snrings  frora 
liarty  motives;  and  further,  by  their  position  in  seeming  to  with- 
liold  supplies  for  the  prosecution  of  a  war  in  which  the  countrj-  is 
enga^'cd  with  a  foreign  foe;  by  the  cry  of  treason  and  alliance  with 
the  public  enemy.  Instead  of  an  advantage,  the  idea  of  a  party 
■  pppusition,  from  the  necessity  of  the  case,  is  a  formidable  draw, 
back  to  the  influeni-e  of  those  who  look  with  alarm  to  the  results 
of  the  further  prosecution  of  the  war. 

But,  sir,  while  we  thus  stand  confronted  with  this  question,  in- 
yolving  the  future  liberties  of  the  country  ;  the  greatest  but  one 
that  can  ever  be  debated  in  this  chamber;  (the  question  of  union 
and  national  existence;)  what  do  we  behold?  Where  are  the 
members  of  that  glorious  Whig  fraternity?  where  their  great  lea- 
ders, including  the  most  distinguished  and  experienced  statesmen 
of  the  country,  and  to  whom  the  country  mainly  looks,  and  has  a. 
right  to  look,  to  save  it  lioin  the  impending  calamity  ?  Whero 
those  to  whom  the  country  looks  for  wise  counsel,  prompt  and  en- 
•  rgetic  action  at  such  a  crisis  ?  And  what  are  they  doing  ? 
Hesitating  and  faltering  m  their  arrangements  for  tho  comin" 
i.'onflict  ;  disputing  about  old  usages;  insisting  on  personal 
preferences  ;  distracted  by  narrow  sectional  jealousies.  When 
the  ground  on  which  they  stand  is  volcanic,  and  they  already 
feel  tho  throbbing  of  the  smothered  elements,  instead  of 
flying  quickly  to  the  only  safe  refuge  that  ofl'ers,  they 
stop  to  gather  up  a  budget  of  old  hobbies,*precious  old  wares, 
some  new,  personal  and  mixed,  altogether  load  enough  to  sink  a 
navy;  they  pause  to  consider  whether  some  other  mode  of  escape 
inav  not  present  itself;  to  see  if  the  threatened  shock  may  not 
)>ass  oft'  without  injury.  When  the  real  question  is,  whether  all 
Mexico  shall  be  annexed,  they  moot  the  point  whether  it  wouid  be 
proper  to  take  a  slip  of  it,  more  or  less;  and  when  the  north  and 
the  south  are  threatened  by  one  equal  fatality,  it  is  debated  wheth- 
er the  slave  power  shoidd  not  be  hedged  in  by  a  proviso!  Yes,  sir, 
I  regret  to  say  that  the  rotiiito  prieto  is  not  confined  to  the  tierra 
raliente  of  Mexico.  -V  politico  vomito  prieto  prevails  to  an  alarm- 
ing extent  at  the  north  and  east,  which  1  much  fear  will  prove  more 
destruc  five  to  our  dearest  interests,  than  it  has  done  to  our  brave 
soldiers  in  Mexicti.  .\nd  this,  sir,  at  a  period,  perhaps  the  most  mo- 
mentous that  has  occurred  incur  history,  and  when  all  jealou 
sies,  sectional  and  personal,  and  the  jostling  of  individual  ambition 
.vliould  lie  resolutely  disregarded,  those  of  every  section,  who  are 
anxious  to  stand  by  the  republic,  and  rescue  her  institutions  from 
the  dangers  that  gather  round  them,  are  shorn  of  their  strength, 
distracted  and  paralyzed  by  their  own  divisions. 

Sir,  does  any  of  my  whig  friends  consider  that  I  exaggerate  the 
probability  that  the  issue  will  be  such  as  I  have  assumed.  From 
the  cvidcncos  before  them  do  they  consider  it  questionable?  Why, 
sir,  if  there  was  nothing  else  to  warn  them  of  the  nature  of  the 
c^umin"  stru^i'lc,  the  speech  of  the  honorable  chairman  of  the 
Comimttee  on  Military  Afl'airs,  it  seems  to  mo,  ought  to  suffice. 
Have  you  not  seen  that  able  Senator,  up  to  a  recent  period  of 
his  life  distinguished  for  ihe  jihilosophic  vein  which  runs 
through  all  his  writings  and  speecllns,  fling  aside  his  philosophy 
and  proclaim  the  superiority  of  instinct  over  the  conclusions  of  rea- 


February  3.] 


THE  TEN  REGIMENT  BILL. 


217 


son,  in  estimating  military  glory  as  an  element  of  national  strength; 
giving  himself  up  to  the  encouragement  and  support  of  all  the  ex- 
travaganzas of  progressive  democracy  in  declaring  that  he  can  see 
no  great  cause  of  alarm  in  the  idea  of  extending  our  dominion  over 
the  whole  continent.  I  mean  no  offence  to  that  distinguished  Sen- 
ator; I  have  a  high  regard  both  for  his  talents  and  his  private  vir- 
tues; but  I  must  say  that  I  am  utterly  amazed  by  his  remarks 
upon  this  subject;  I  must  say  of  his  new  course,  that  though 
it  may  be  fortunate  for  him,  it  must  be  deeply  afflictive  lo 
his  country.  But,  upon  the  introduction  of  the  resolutions 
offered  upon  this  subject  by  the  distinguished  Senator  from 
South  Carolina,  [Mr.  Calhodn,]  (and  may  this  Senate  ever  boast 
one  or  more  such  Senators,  who  may  possess  the  moral  courage  to 
rise  above  party  on  a  question  like  this  and  give  himself  to  his 
country  alone,)  vi'hat  more  did  we  hear  from  the  honorable  Sena- 
tor from  Michigan?  Sir,  it  was,  that  the  questions  presented  in 
the  resolutions  were  mere  abstract  propositions,  which,  if  adopted, 
could  have  no  practical  operation  or  influence  in  preventincr  the 
catastrophe  aarainst  which  the  resolution  was  pointed.  "Why, 
sir,"  exclaimed  the  Senator,  "if  the  people  will  the  annexation  of 
Mexico,  nothing  in  our  power  to  do.  can  prevent  it;  you  may  as 
well  plant  yourself  upon  the  brink  of  the  cataract  of  Niagara  and 
bid  the  waters  be  still." 

Well,  sir,  does  the  honorable  Senator  really  believe  that  nothing 
the  Senate  can  do,  no  resolution  that  can  be  adopted  here,  no  de- 
claration of  opinion  upon  this  great  question,  will  have  any  effect 
with  the  country  or  amon^  the  people?  And  has  the  Senate  sunk 
so  low  as  10  be  shorn  of  all  influence?  And  is  it  so  that  the  Senate, 
which  is  presumed  to  be  composed  of  gentlemen  of  large  expeii- 
enie'in  public  aff.iirs;  statesmen  distinguished  for  their  ability  and 
patriotism  in  the  States  they  represent;  on  a  question  involving  the 
greatest  consequences,  and  such  iis  may  decide  forever  the  experi- 
ments of  free  I'cpublican  institutions,  can  have  no  influence  with 
the  yeomen  of  the  country — with  the  farmer  at  his  plow,  the  mer- 
chant at  his  counter  or  his  desk,  the  mechanic  in  his  workshop — 
a  class  which  olw.ays  look  only  to  the  good  of  the  country — 
which  is  never  disturbed  nor  biased  by  dreams  of  personal 
ambition  ;  and  who  value  their  constitution  and  the  Union, 
as  they  are  as  the  guarantees  of  their  domestic  happiness, 
the  security  of  their  lives  and  property,  and  the  preservation 
of  their  privileges,  civil  and  religious.  Sir,  I  can  subscribe 
to  no  such  conclusion.  Sir,  does  the  honorable  Senator  really 
suppose  that  the  declaration  of  his  individual  opinions  and  sen- 
timents on  this  great  question,  or  any  other,  on  this  floor,  can  have 
no  weight  with  the  people  of  this  country  ?  II'  he  does,  I  can  as- 
sure the  honorable  Senator  that  he  greatly  undervalues  the  estima- 
tion in  which  he  is  held  in  this  country,  both  for  his  talents  and  his 
patriotism.  Sir,  whenever  that  day  shall  come  that  the  opinions 
of  the  American  Senate  can  have  no  influence  in  correctinu  trie 
impulses  of  popular  feeling,  the  hastily  formed  and  ill-consideied 
opinions  of  the  people  upon  a  question  involving  tlieir  liberties,  I 
shall  not  calculate  how  long  those  liberties  may  endure,  or  how 
soon  they  may  perish. 

Mr.  President,  I  have  reflected  much  upon  the  question  in  all  its 
grave  aspects,  and  I  fjel  compelled  to  express  the  conviction,  that 
as  a  people  enjoying  the  fruits  of  a  free  system  of  government,  we 
stand  on  the  very  brink  of  our  fate.  If  we  do  not  stop  this  war 
no«',  or  before  another  new  year — one  step  further  in  our  present 
course,  and  we  shall  be  borne  by  an  irresistible  current  beyond  re- 
treat or  rescue,  into  irretrievable  misfortune  and  ruin.  If  we  are 
saved  it  will  be  by  the  providence  of  God,  not  of  man. 

There  is  something,  Mr.  President,  incur  present  relations  with 
Mexico — something  so  unusual,  not  to  say  wonderful,  in  all  the 
incidents  of  this  war,  that,  were  I  superstitious,  1  should  say  that 
a  higher  power  than  ours  holds  and  controls  the  issues  of  it,  and 
for  purposes  we  may  not  comprehend.  The  instances  of  individual 
self-sacrilice,  of  reckless,  yet  successful,  adventure,  of  such  fre- 
quent occurrence  in  this  war,  carry  us  back  in  search  of  parallel 
examples,  to  tlie  heroic  ages  of  antiquity,  and  seem  fitter  subjects 
for  fabulous  and  romantic  narrative,  than  the  sober  pages  of  truthful 
history.  There  is  no  record  in  the  history  of  modern  warfare,  nor 
ancient  either,  of  a  more  brilliant  and  uninterrupted  series  of  well 
fought  battles  and  wondrous  results,  acainst  such  odds,  as  that 
which  now  forms  part  of  the  imperishable  annals  of  the  republic  ; 
and  when  we  contemplate  the  intrepidity  and  skill  of  our  officers 
30th  Cong. — 1st  Session. — No.  28. 


— the    impetuous   valor  which  has  distinguished   every  corps  of 

one    army,   whether  of  resular  soldiers  or  of  volunteers a  valor 

which  neither  natural  obstructions,  nor  military  defences  nor 
a  force  often  five  times  more  numerous,  could  arrest  in 'their 
rapid  and  victorious  career,  we  are  involnntarily  riniinded  of  the 
similar  and  thrilling  exploits  of  Cortez  in  the  same  fields  of  mi- 
litary fame — in  the  land  which,  by  this  double  act  of  conquest 
seems  devoted.  It  is  now  about  three  hundred  years,  since  that 
extraordinary  man,  with  a  band  of  adventurers,  less  than  seven 
hundred  in  number,  urged  on  by  two  of  the  strongest  pussions  of 
our  nature,  cupidity  and  religious  fanaticism  landed  upon  an  un- 
known shore,  burnt  his  ships,  attacked — and  after  enactin;;  scenes 
so  mixed  of  craft  cruelty  and  blood,  yet  so  gilded  over,  with  feats 
of  high  chivalry  and  dauntless  courage,  that  the  muse  of  history 
pauses  in  her  task,  and  hesitates  to  praise  or  blame — overthrew  a 
populous  and  powerful  empire.  These  victorious  adventurers  were 
the  ancestors  and  countrymen,  of  that  race  which  ever  suice  has 
held  sway  over  the  conquered  country,  whatever  form  the  "overn- 
ment  has  assumed,  whether  Vice  Regal  or  free.  It  was°an  In- 
dian race,  that  peopled  the  empire  which  Cortez  overturned  ■  and 
they  were  the  ancestors  and  countrymen  of  the  same  race,  wliiuh  now 
inhabit  the  land  of  their  fathers.  Thi  y  were  made  serfs — the  hew- 
ers  of  wood  and  the  drawers  of  water,  lo  their  new  masters  three 
centuries  ago  ;  with  some  amelioration,  they  cintinue  to  be  so  to 
this  day — tliough  free  in  name,  they  still  wear  the  badges  of  a 
subject  people — .still  remain  the  vioiims  of  conquest  and"of  iheir 
primeval  caste  and  complexion.  Whatever  faction  rules  for  the 
hour,  they  arc  still  the  sulll-rcrs.  What  religion  fails  to  exact  from 
them,  their  proud  and  insolent  conquerors,  extort,  under  ihe  pre- 
text of  government  support,  or  to  maintain  an  army  which  up. 
presses  ihem  in  peace,  and  gives  them  no  protection  in  war. 
Wonderful  retribution  !  Tliat  at  the  distance  ol  centuries  the  de- 
secndenis  of  the  oriirinal  spoilers  should  be  made  lo  suffer  the  pe- 
nily  of  the  wrongs  comuiited  by  their  forelathers  ;  that  they 
in  turn  should  bo  trodden  under  the  iron  heel  of  war  •  be 
made  to  pass  under  the  yoke  of  the  conqueror. 

Mr.  President,  if  I  may  be  permiited  to  moralize  upon  the 
extraordinary  and  mysterioas  viciss  tu  los  and  e  lincidences  in 
the  fortunes  of  nations,  I  would  ask.  what  are  our  motives  what 
our  purposes  in  the  further  prosecution  of  this  wai  ?  .A.re  we  sure  sir 
that  among  those  who  direct  this  war — who  put  all  this  cliiv'ali  y 
in  motion  in  a  foreign  land,  are  n  t  tainted  with  the  lust  of  con- 
qu'si  ?  Are  we  sure  that  whatever  cause  of  war  may  have  existed 
at  its  origin,  other  motives  and  othiir  objects  h;ive  not  supervened 
less  defensible  in  their  character,  than  the  rights  and  honor  of  the 
country,  the  only  legitimate  causes  of  tlie  war  ?  Are  the  invaders 
ol  this  ill-fited  country,  of  the  I'Jth  century,  so  purj  and  upright 
in  all  their  objects,  and  so  far  elevated  above  the  passions  of  ilmse 
of  thj  IGih,  that  they  may  hope  to  escape  the  retribution  whi'-h 
awaited  them,  and  which  has  ever  awaited  the  conqueror  and 
opjiressor. 

It  IS  said  of  ScipiT)— not  he  that  overcame  Hannibal,  but  Scipio 
the  destroyer  of  Carthage— that  when  surveying  the  scone  of 
carnage  and  desolation  around  him,  and  when  he  saw  the  wife  of 
Horshubal,  arrayed  in  her  richest  appirel,  slowly  a.seending  to  the 
summit  of  the  temple  which  rose  above  the  coiiflao-ration  and 
thence,  after  stabbing  her  children,  precipitating  hersllf  into  tae 
burning  elements  below,  he  wept;  but  it  was  not  over  Carthaire  — 
Rome  rose  up  to  his  view,  with  all  her  crimes  and  oppressions 
and  he  saw  inscribed  on  tho  rolls  of  her  future  history,  the  sen- 
tence of  eternal  justice,  that  she,  too,  must  fall. 

Sir,  if  any  should  now  djsire  to  know  my  poor  opinion  upon  the 
proper  mode  of  terminating  this  war,  I  s.-iy  to  them,  mxkc;  tlie  best 
treaty  with  any_  existing  governmsnt  you  can.  If  you  must  have 
the  territories  of  New  Mexico  and  California,  get  a  cession  of  them- 
if  you  cannot  do  that,  come  back  to  the  Rio  Grande — to  the  boun- 
dary you  claim  title  to,  and  thus  same  vour  honor. 

My  advice  is,  stop  the  war  !  Flee  tiie  country  as  you  would  a 
city  doomed  to  destruction  by  fire  from  Heaven  ! ' 

Mr.  SEVIER  took  the  floor,  and 

On  motion 

Th«  Senate  adjourned. 


213 


PETITIONS— PRIVATE  BILLS,  ETC. 


[Friday, 


FRIDAY,  FEBRUARY  4,  1848. 


THE    PEA    PATCH    CASE. 

The  PRESIDENT  pro  tempore  laid  bel'ore  tlie  Senate  a  le- 
pon  of  the  Soliciior  of  the  Treasury,  communicaiinii,  in  compliance 
with  a  resolution  of  the  Senate,  a  eoi.y  ol'  the  minu.es  and  other 
papers  in  the  case  of  the  Pea  Patch  Island. 

On  motion  by  Mr.  DAYTOA",  it  was 

Ordered,  That  they  He  on  the  table  and  be  printed. 

PETITIONS. 

Mr.  CASS  presented  iho  memnrial  of  OrviUe  B.  Dibble  and 
GeorTe  C.  B.ites,  praying  a  ^nint  of  the  riglit  of  way  and  a  ror- 
lion  of  ihe  pnbhc  land  for  the  r/unsiruciion  ol  a  canal  around  the 
falls  of  the  Si.  Mary's  river  in  the  Stale  of  Michigan  ;  which  vas 
referred  to  the  Committee  on  Public  Lands. 

Mr.  C.\MERON  presented  a  petition  of  citizens  of  Adams 
county,  Pennsylvania,  praying  the  adoption  of  measures  for  the 
speedy  termination  of  the  war  with  Mexico;  which  was  relerred 
to  the  Committee  on  Slihtary  Affairs. 

Mr.  ASHLEY  presented  a  memorial  of  citizens  of  the  State  of 
Arkansas,  pruyinc  the  removal  of  the  raft  of  the  Red  river  ;  which 
was  referred  to  the  Committee  on  Commerce. 

ADJOtJRNMENT. 

On  motion,  it  was 
Ordered,  That  when  the  Senate  adjourn,  it  be  to  Monday  next. 

MAP    OF   MEXICO,    ETC. 

Mr.  RUSK  submitted  the  following  resolution  for  consideration: 

~iiioh:e'.l.   That  the  Secret.^ry  be  reqoireil  to  procure  luindred  copies  ot^^the 

'nin>  ot"  Mexico,  five  thousantl  copies  of  each  of  the  Valley  of  Mexico,  and  oflIieSe.it 
of  \V.;r.  piibliilied  l)y  J.  Distiitnell.  of  New  Yorlc.  not  to  exceed  in  cost,  one  dollar 
eacii  for  the  map  of  Mexico,  and  tea  cents  each  for  the  others. 

Mr.  BENTON. — I  wish  all  the.se  resolutions  to  take  the  regular 
course.  The  one  now  offered  will  come  In  due  time,  after  it  has 
been  referred  to  the  appropriate  committee. 

The  resolution  lies  over. 

INDI.VN    RESERVATIONS. 

Mr.  HANNEGAN  submitted  the  following,  which  he  designs 
to  offer  ns  an  amendment  to  the  bill  authorizing  persons  to  whom 
reservations  of  land  b  ive  been  made,  under  Indian  treaties,  to  alien- 
ale  the  same  in  fee  ;  which  was  ordered  to  be  printed  : 

Strike  out  all  after  the  enacting  clause,  and  insert : 

Thftlall  the  reservations  to  or  for  any  [lerson  or  persons  named  in  llie  treaty  of  the 
20th  day  of  October,  1832,  made  at  Crimp  Tippecanoe,  in  the  Slate  ot  Indiana,  bet  ueeii 
the  United  Slates,  by  their  commissioners,  .lennincs,  Davis,  and  Crnnie,  and  Ihe  diirfs 
and  headmen  of  the' Pottawattamie  tribe  of  Indians,  of  the  Prairie  and  Kankakee, 
shall  be  construed  and  held  to  convey,  and  to  vest  in  said  leservees,  their  heirs  and 
asHi^-ns  forever,  an  estate  in  fee  simple  in  and  to  tlie  reservations  so  made  by  said 
treatv  to  or  for  said  re^ervecs  respectively. 

Sec.  2.  'rhal  said^reservees,  or  tlieir  heini,  niav  sell  and  convey  all  or  any  part  of 
his,  her,  or  their  respective  reservees;  and  sucli  sale  and  coineyance  shall  vest  in  the 
pUTCliaier,  his  or  her  lieirs  and  assigns,  snch  title  as  is  descrilted  in  such  deed  of  con- 
veyance.  to  such  lands  so  sold  and  conveyed.  Providfl.  Tlial  alt  deeds  of  eonvey- 
aiire  made  before  the  pjissase  of  this  act  shall  stand  upon  the  same  footing  as  those 
made  at\er  the  passa-^e  of  this  act,  and  the  rights  of  the  parlies  sliall  he  the  »arne  in 
one  case  ns  in  the  other.  Provided,  That  such  deed  of  conveyance  for  any  of  said 
lands,  made  before  or  after  the  passage  of  this  act,  shall  not  be  valid  for  such  purpose 
until  tile  same  sli.all  have  been  approved  by  the  President  of  the  United  .States. 

PRE-EMPTION     EIGHTS, 

Mr,  BREESE  submitted  the  following,  which  ho  designs  to 
offer  as  an  amendment  to  the  bill  to  repeal  part  of  the  act  to  np- 
propriato  the  proceeds  of  the  sales  of  the  ]iublc  lands,  and  to  grant 
pre-emplion  rights,  approvtjd  .September  4,  18.11;  which  was  iirder- 
ed  to  be  primed  : 

Strike  out  all  after  the  enacting  clause  and  insert  ; 

That  tlie5lli  section  of  the  act,  entillOTan  "  .\ct  to  approiiriale  the  proceeds  of  Ihe 
sale  of  the  public  lan.ia.  and  to  grant  pre-emption  rights,"  niiptoved  .September  4.  1841, 
shall  ba  so  eonsttucd,  astosuspcn  I  only  such  poitionsof  said  act  ns  precede  said  ,'ilh  sec 
lion,  relative  to  the  distribution  of  the  proceeds  of  the  sales  of  the  public  lands,  iliai 
being  harcby  declared  lo  hi  the  true  inlenl  and  meaning  ot  said  ,'ith  section. 

Amond  litlo  so  as  to  read  : 

An  act,  to  amend  the  act  entitled,  ''An  act  to  appropiiate  the  proceeds  of  Ihe  sales 
of  the  public  lands  and  lo  grant  pre-emption  riglhs,"  nppioved  September  4,  \^\. 

NOTICE  OF  A  BILL. 

Mr.  JOHNSON,  of  Louisiana,  gave  notice  that  on  Monday 
next,  or  some  early  day  thereafter,  ho  would  ask  leave  of  the  Se- 


nate, to  introduce  a  bill  to  authorize  the  relinquishment  of  the  16th 
section,  in  certain  cases,  and  the  selection  of  other  lands  in  lieu 
thereof. 


PRIVATE  BILL. 

Mr.  BRADBURY,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  petition  of  James  F.  Sothoron,  submitted  a  report 
accompanied  by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

ADVERSE  REPORTS  ADOPTED. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
of  Claims  on  the  petition  of  David  Whelply,  and,  on  concurrence 
therewith,  it  was 

eso'ved.  That  the  application  of  David  Whelply,  for  relief  should  not  be  granted 
by  act  of  C  ongress. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Pensions,  on  the  petition  of  John  Searing,  one  of  the  heirs  of 
Mary  Allen;  and,  on  concunenco  therewith,  it  was 

Resolved,  That  the  pra.verof  the  petitioner  be  not  granted. 

IMPROVEMENT    OF   THE    SAVANNAH    RIVKB. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  making  an  appropriation  for  removing  obstruc- 
tions in  the  Savannah  river;  and  no  amendment  being  made,  it  was 
reported  to  the  Senate. 

Ordered,  That  it  be  engrossed,  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Resolved,  That  this  bill  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

PRE-EMPTION    BILL. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the  Whole, 
the  bill  to  establish  a  permanent  general  pre-emption  system,  in 
favor  of  actual  settlers  on  the  public  lands. 

The  bill  having  been  partially  read — 

Mr.  PHELPS  suggested  the  propriety  of  suspending  the  read- 
ing of  tlie  bill.  It  was  evident,  from  what  h.td  been  read,  that  it 
pi-oposcd  to  introduce  an  entirely  new  system  in  the  policy  of  the 
government  relative  to  the  public  lands,  and  it  would,  unqueslion- 
ably  excite  discussion.  It  was  hardly  expedient  to  enter  into  its 
consideration  now.     He  moved  that  it  be  passed  over  informally. 

Mr.  ASHLEY  did  not  object  to  the  suggestion,  if  the  bill  could 
be  taken  up  at  an  early  period.  It  was  true  that  it  proposed 
changes  in  the  public  land  policy,  and  these  changes  were  called 
for  iirjustice  to  the  settlers  in  the  new  St.Ttes.  He  was  willing  it 
should  be  deferred,  if  taken  up  at  an  early  period  It  was  t,ub- 
stuntially  the  same  bill  which  was  before  the  Senate  at  last  session, 
and  was' then  partially  discussed.  He  would  not  press  it  now,  if 
the  gentleman  would' name  an  early  day  for  its  consideration. 

Mr.  BREESE  suggested  Monday  week. 

Mr.  ASHLEY  then  moved  that  the  bill  rio  made  the  special  or- 
der for  Monday  week. 

Mr.  BADGER  remarked   that   another  bill   already   had   been 
set  down  as  the  special  order  for  that  day. 
On  motion  by  Mr.  ASHLEY,  it  was 

Ordered.  That  said  bill  be  postponed  to,  and  made  the  special 
order  for,  Monday  the  21st  February  instant. 

PRIV.^TE    BILL    PASSED. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  for  the  relief  of  Nathaniel  Hoggalt;  and,  no  amend- 
ment  being  m.ade,  it  was  reported  to  the  Senate-    - 

Ordered,  That  it  be  engr.issed  and  road  a  third  time. 

Tho  said  bill  was  read  a  third  time  by  unanimous  consent. 

Resolved,  That  tliis  bill  pass,  and  ibat  the  title  ihcnfof  be  a»  nforosaid. 


February  4.] 

Ordered,  That  the  Secretnr^  request  tne  concurrence  of  the 
House  of  Representatives  in  this  bill. 

HALF    PAT   TO    WIDOWS    AND    ORPHANS. 

The  Senate  proceeded  to  consider,  as  in  Commit ico  of  tlie 
Whole,  the  bill  amending  the  act  entitled  ''An  act  entitled  an  Act 
granting  half  pay  to  widows  or  orphans  where  their  husbands  and 
fathers  have  died  of  wounds  received  in  the  military  service  of  the 
United  States,  in  cases  of  deceased  officers  and  soldiers  of  the 
militia  and  volunteers',  passed  July  4,  1836;"  and,  no  amendment 
being  made,  it  was  reported  to  the  Senate. 

The  question  being  on  ordering  the  bili  to  bo  engrossed  and 
read  a  third  time  — ■ 

The  bill  was  then  laid  over  until  to-morrow. 

THE    TEN    RKGIMENT    DILI.. 

Tiie  Senate  resumed  the  consideration  of  the  bill  to  raise,  for  a 
limited  time,  an  additional  military  force. 

Mr.  SEVIER. — Mr.  President:  If  the  di.scussion  with  which 
wo  have  been  honored  for  the  last  two  or  three  weeks,  had  been 
confined  to  the  merits  of  the  bill  which  proposes  to  add  ten  regi- 
ments to  our  military  establishment  in  Mexico,  it  is  very  certain 
that  I  should  have  taken  no  part  in  this  debate.  My  inexperience, 
practically  and  in  theory  in  military  affairs,  would  have 
been  my  apology  for  my  silence.  It  is  not  my  purpose 
now  to  dwell  at  any  length  upon  the  merits  of  this  bill.  I  shall 
vote  for  it,  beeiuse  such  a  lueasiire  has  been  asked  of  us  by  the 
proper  cimstilulional  authorities  of  our  country,  lo  whom  belongs 
the  managfrnent  of  ail  uur  warsj  and  because  it  has  been  favora- 
bly recommended  by  the  experienced  and  intelligent  gentleineii  of 
the  Military  Committee,  to  whom  the  investigation  of  such  a  sub- 
ject properly  belongs.  I  shall  voto  for  it,  because  I  regard  it  as 
an  essential  measure  to  obtain,  what  we  all  profess  so  much  to 
desire,  a  speedy  and  permanent  peace  with  Mexico:  and  until  that 
peace  shall  be  h''d,  as  a  wise  financial  arrangement,  by  which 
our  Treasury  will  be  relieved,  to  a  sensible  extent,  from  the 
burthens  which  this  war  have  thrown  upon  it.  For  these  general 
reasons,  avoiding  all  details,  I  shall  vote  for  the  bill  with  great 
pleasure. 

My  chief  object  in  addressing  you  to-day,  sir,  is  to  defend  the 
President,  for  whom  I  feel  a  high  personal  regard,  and  the  party 
of  which  he  is  at  present  the  representative,  and  to  which  I  be- 
long, from  the  unmerited  censures  which  have  been  cast  upon 
both  in  reference  to  the  origin  of  this  war,  its  mode  of  prosecu- 
tion, and  its  ultimate  objects.  Upon  each 'of  these  three  points, 
upon  which  we  have  had  suca  eloquent  and  elaborate  discourses,  I 
purpose,  if  my  health  and  strength  will  sustain  me,  to  make  some 
observations. 

The  causes  which  led  to  this  war  have  been  properly  described 
as  being  immediate,  and  more  or  less,  remote.  The  immediate 
cause  of  the  war,  if  the  message  of  tho  President,  if  the  report 
of  General  Taylor,  and  our  own  journals  are  to  be  credited,  is  to 
be  found  in  the  attack,  made  by  the  Mexican  army,  upon  the  com- 
mands of  Captains  Thornton  and  Hardee,  on  the  2-ti.h  of  April, 
1846,  on  the  east  side  of  the  Rio  Grande,  about  fifty  miles  above 
Fort  Brown;  in  which  sixteen  soldiers  of  the  army  of  the  United 
States  were  killed  or  wounded,  and  tlic  residue  of  f iie  detachment, 
consisting  in  all  of  sixty  three  men  and  otficers,  were  captured  by 
tho  arm^  of  Mexico,  and  carried  off  by  their  captors  in  triumph 
to  the  city  of  Matamoras.  Upon  the  report  of  General  Taylor  of 
this  affair,  under  date  df  the  26th  of  April,  the  President  predica- 
ted his  war  message  of  the  11th  of  May;  and  upon  this  message 
accompanied  by  this  report,  we  passed  the  act  of  the  13th  of  May 
recognizing  the  war  with  Mexico. 

The  remote  causes  of  tho  war  have  been  traced  to  the  acquisi- 
tion of  Louisiana  in  1803 — to  the  cession  of  Texas  to  Spain  in 
1819 — 10  the  violation  of  tho  treaty  of  1S39,  on  the  part  of  Mexico, 
which  provided  for  the  adjustment  and  p:iyment  of  the  claims  of 
our  citizens  by  Mexico — and  to  tlie  colonization  of  Texas, 
its  revolution,  independence,  and  finally,  its  admission  into  this 
Union.  In  any  of  these  causes,  whatever  may  have  been  their  in- 
fluence, singly  or  collectively,  in  producing  this  war.  the  Presi- 
dent had  not  the  slightest  agency.  When  Louisiana  was  acqui- 
red, he  was  a  minor;  when  Texas  was  ceded  to  Spain,  he  was  a 
very  young  man  anil  not  in  our  councils;  when  the  treaty  of  1S39 
was  violated  by  Mexico,  he  was  acting  as  the  Governor  of  a  dis- 
tant State:  and  the  resolutions  for  tlie  annexation  of  Texas  were 
passed  in  the  lime  of  President  Tyler,  and  before  he  came  into 
power. 

Yet  I  am  free  to  confess  that  the  party  to  which  he  belongs 
have  had,  in  their  day  and  generation,  a  good  deal  to  do  with  all 
of  those  questions.  The  party  to  which  I  refer,  acquired  Louisi- 
ana; purchased  the  Floridas;  obtained  the  treaty  fir  the  settlement 
of  the  claims  of  our  citizens  by  Mexico;  and  finally,  for  gcoJ  or  li  r 
evil, the  same  paity  have  brought  Texas  back  into  this  Union, where, 
at  all  hazards  and  at  any  sacrifices,  they  intend  to  keep  her,  and 
every  part  and  parcel  of  her.  And  while  upon  this  subject  I  may 
add,  that  if  any  territory  is  acquired  of  Mexico  as  the  pen;ilty  of 
this  war,  that  the  country  will  be  indebied  for  such  acquisition  to 
the  same  party;  as  it  is  already  indebted  for  every  territurial  addi- 
tion which  has  been  made  to  the  country  since'the  war  of  Inde- 
pendence, and  that  these  acquisitions  have  been  made  in  the  face 
of  opposition  as  violent  as  the  opposition  which  is  now  encounter- 


THE  TEN  REGIMENT  tlLL. 


219 


cd,  and  against  objections    very  similar  to  those  which  aro  now 
made. 

Sir,  before  passing  sentence  of  condemnation  upon  tho  policy 
of  the  President,  and  particularly  upon  those  grave  questions, 
upon  which  wo  have  have  bad  such  merciless  reviews,  I  think, 
truth  and  justice  alike  require,  that  we  should  look  at  the  condi- 
tion of  the  country,  at  home  and  abroad,  in  reference  to  these 
great  questions,  at  the  time  that  the  President  came  into  power  on 
the  4th  of  March,  1S45.  On  that  day  it  was  his  fortune  to  inherit 
from  his  predecessors,  the  settlement  of  two  grave  questions 
in  which  other  countries  than  our  own  claimed  an  interest.  One 
of  these  was  the  Texas  question — and  the  other,  the  Oregon  con- 
troversy. One  affecting  the  pride  and  interest  of  Mexico,  and  the 
other  the  pride  and  interest  of  England;  and  both,  the  pride  and 
interest  of  the  United  States. 

After  all  that  has  occurred,  I  hope  I  shall  be  pardoned  for  glan- 
cing at  the  rise,  progress  and  maturity  of  these  twin  sisters,  and 
of  iheir  influences  in  England  and  in  Mexico,  and  of  both  against 
the  United  States,  until  the  one  was  amicably  settled  by  the 
treaty  of  June,  1846,  and  until  the  other  involved  us  in  the  war  in 
which  we  are  now  engaged. 

Sir,  we  all  know  that  after  the  successful  revolt  of  Mexico  from 
Spain,  that  Texas  was  colonized  by  citizens  from  the  United 
States,  at  the  instance  in  the  first  place,  of  Iturbide,  her  Emperor; 
and  afterwards,  at  the  instance  of  the  republic  of  Mexico.  This 
polity  of  colonization  was  a  wise  one,  and  in  imitation  of  the  policy 
o:'  Spain  and  France,  when  those  powers  held  possessions  on  this 
continent.  We  all  know,  that  in  the  course  of  events  in  that  country 
of  which  I  need  not  speak,  that  Texas  revolted  from  Mexico,  and 
that  her  revolution  was  successful,  that  her  Independence  fol- 
lowed, and  that  that  Independence  was  afterwards  acknowledged 
by  England,  France,  Belgium,  and  the  United  States.  We  all 
know,  that  after  she  had  achieved  her  Independence,  that  Texas 
twice  applied,  first  uniler  the  ;i.d:iunistra;ion  of  President  Jackson, 
and  afterwards  under  that  of  President  Van  Buren,  for  admission 
into  this  Union;  and  that  each  of  those  applicaiions,  out  of 
deference  to  Mexico,  and  out  of  deference  to  the  opinions 
of  the  world,  were  refused.  In  1  ^43,  for  reasons  which  I  need  nc  t 
fully  go  into,  Texas  was  invited,  by  the  government  of  the  United 
States,  to  come  into  this  Union.  Security  to  Southern  institutions 
was  one  of  the  inducements  on  the  part  of  tho  United  States. 
Trade,  commerce,  navigation,  the  e.xtension  of  our  territorial  do- 
main in  a  desirable  direction,  seeurily  to  the  Union  in  its  most 
vulnerable  point,  and  the  monopoly  of  Southern  products,  upon 
which  the  chief  powers  of  Eui"o[)o  depended  and  which  depend- 
ence was  regarded  as  more  elficient,  and  cheap,  and  safe  lor  the 
preservation  of  our  peace,  than  standing  armies,  were  the  other 
indncemenis  to  that  measure. 

Texas  came  upon  our  invitation,  and,  in  1844,  entered  into  a 
treaty  with  the  government  of  the  United  Slates,  by  which  she 
agreej  to  give  up  her  sovereignty  and  independence  and  objcoma 
one  of  the  states  of  this  confederacy.  That  treaty  was  subuiilted 
to  the  Senate  for  its  ratification,  and  met  with  very  deter- 
mined and  zealous  opposition  in  this  chamber — the  entire  voice 
of  one  party,  then  in  the  majority,  and  a  respectable  portion  of  tba 
othar,  were  against  it.  Tho  ooiiHic  of  opinion  between  the  advo- 
cates and  opponents  of  the  treaty  created  a  good  deal  of  excite- 
menl.  In  the  midst  of  our  discussion  upon  it,  a  copy  of  that  treaty 
with  the  documents  accompany. ng  ii ,  without  the  sanction  of  the 
Senate,  found  its  way  into  the  columns  of  the  public  press  of  the 
country.  The  publicity  of  that  treaty,  with  the  ducuraents  which 
belonged  to  it,  carried  into  the  country  the  excitement  which  iiad 
been  created  in  the  Senate  in  regard  to  it.  The  time  of  ihese  oc- 
currences was  in  the  spring  of  1844,  and  but  a  f.;w  weeks  be- 
fore the  assemblage  of  the  two  conventions  at  Baliimore,  of  tho 
two  great  panic's  of  this  country,  for  the  selection  of  their  can- 
didates for  the  offices  of  President  and  Vice  President  of  the  United 
Stales.  Cotemporaneoiisly  with  ihese  occurrences,  the  two  distin- 
guished and  acknowledged  leaders  of  these  great,  parties  simul  s- 
iieously  came  out  against  the  treaty  and  the  immediate  annexation 
of  Texas  lo  this  Union.  These  lei lers  added  lo  the  excitement  then 
prevailing  inthe  country.  The  conventions  met.  The  whig  conven- 
tion nominated,  as  it  ought  lo  have  done,  their  distinguished  leader, 
eminently  qualified  as  fully  embodying  in  himself  tiie  piinciplcs  of 
that  party,  including  their  hostility  to  the  treaty  and  to  the  immedi- 
ate annexation  of  Texas.  The  other  convention,  on  account  of  ihe 
Huppused  heresy  of  their  chief,  in  reference  to  the  Texas  question, 
superceded  him,  and  nominated  another  favorable  to  the  Texas 
issues.  Tho  treaty  was  rejected,  but  the  issue  was  made  up  and 
presented  to  the  country,  for  its  decision  at  the  bal'ol-box.  Tiiat 
issue  was  decided  in  Novi;mber,  1344,  and  in  favor  of  tlie  Texas 
candidate.  Mr.  Tyler  had  yet  one  session  of  Congress  left,  under 
which  to  administer  the  affairs  of  this  country.  In  this  short  frag- 
ment of  his  term,  a  joint  resolution  for  the  annexation  of  Texas 
was  introduced  in  the  House  of  Representatives  by  a  prominent 
whig  of  the  state  of  Tennessee.  That  resolution  renewed  the  ex- 
citement upon  this  Texas  question.  It  passed  ultimately  by  nearly 
a  party  voic;  all  the  whig  party,  I  believe,  but  three  or  four  from 
the  state  of  Tennessee  voted  against  it.  That  residution  came  to 
the  Senate,  and  brought  with  it  the  excitement  from  the  House. 
It  was  refer'  ed  to  our  Committee  on  Foreign  Relations,  and  that 
committee  reported  adversely  upon  it.  The  friends  of  the  House 
resolution,  to  save  the  measure,  were  forced  into  a  com- 
promise with  their  friends.  Tuis  compromise  was  made  by 
adding  to  the  House  resolutions,  as  an  alternative  propo- 
•Ition,    the    resolution    which    had    been    offered    by    tlie    Sena- 


220 


THE  TEN  REGIMENT  BILL. 


[Friday, 


tor  from  Missouri,  (Mr.  Benton.)  At  the  proper  sta^c  of 
the  proceedings  this  ainemlment  wa.s  offered,  for  which  every  dem- 
ocrat voted,  and  ajjainst  which  every  w'liif^  but  three,  Johnson,  of 
Louisiana,  Merrick,  of  Maryland,  and  Henderson,  of  Mississippi, 
east  their  votes.  The  amendment  liaviiig  heen  adojxed  the  final  vote 
came  on.  And  who  that  was  here  at  iliat  time  can  ever  forget  it? 
It  was  at  night.  The  House  had  adjourned,  and,  I  believe,  every 
member  of  it  was  here,  witnessing  our  proceedings.  Our  galleries 
were  crowded  until  they  could  be  crowded  no  more — every  door, 
and  window,  and  avenue-  to  our  chamber,  was  tilled  with  eager 
and  anxious  spectators.  Every  resident  representative  of  any  for- 
eign power  or  stale  was  also  here,  and  among  the  rest  the  minister 
from  Mexico.  Any  material  change  in  the  resolutions  were 
known  to  be  fatal  to  the  whole  measure,  and  several  were  pro- 
posed. Democracy  was  then  in  a  minority  in  this  body.  Every 
Senator  was  in  hi>  jilaee,  and  justly  felt  his  responsibility.  Every 
thing,  in  short,  depended  upon  the  tirmness  and  courage  with 
which  Johnson, 'of  Louisiana,  M'M-rick,  of  Maryland,  and  Hender- 
son, of  Mississippi,  could  and  would  resist  the  importunities  of  some 
and  withstand  tlie  denunciaiions  of  o'.hers  of  their  political  friends. 
In  this  moment  of  hope  and  fear,  involving  such  interests  to  the  Uni- 
ted States,  and  the  future  fate  of  the  republic  of  Texas,  the  vole  was 
taken,  and  the  resolution,  as  amended,  w.is  carried  by  a  vote  of 
27  to  25.  The  resolutions  were  sent  lo  the  House  and  rlie  amend- 
ment concurred  in,  and  on  the  1st  of  March  approved  by  Presi- 
dent Tyler,  and  on  the  3d  of  that  month  was  sent  a  messenger 
to  Texas  with  the  rcsolut'ons  and  the  first  of  the  two  oliered^to 
Texas  for  her  accejuance,  and  on  the  night  succeeding  that  day  the 
term  of  Pr  sdcnt  Tyler  and  of  the  ses>ion  of  the  Congress  that 
passed  the-e  rcsoluiions.  expired  logethcr. 

On  tlie  -llh  of  March  President  Polk  came  into  power,  and  two 
days  therealier.  on  the  (iih,  the  minis  erirom  Mexico  filed  his  pro- 
test,  demanded  and  obtained  his  pussport,  and  left  the  United 
States  lo.-  Mexico,  and  our  minister,  in  a  lew  weeks  thereafter, 
followed  the  example  and  returned  to  his  own  counlry.  Such,  sir, 
was  the  condition  of  this  Texas  question  when  Piesident  Polk 
came  inio  power  on  the  4th  of  March,  1345.  He  found  the  publ'C 
faith  of  the  country  pledged  to  the  annexation  of  Texas,  and  re- 
garded it  as  his  duly  lo  .-ee  that  that  faiih  was  preserved  inviolate. 
He  found  that  ihe  resolutions  for  the  admission  of  Texas,  though 
obligatory  upon  the  United  States,  for  a  gi/eii  time  in  any  event, had 
yet  lobe  approved  of  by  'J'exas  before  iliey  could  be  ohligatory  on 
her,  and  finally  upon  both  governments.  To  (■btiiin  this  approval  by 
TexaSj  however  anxious  to  give  it,  under  her  foiiu  of  government, 
required  time.  Her  congress  had  first  to  be  assembled  to  authorize 
a  convention  of  her  people,  and  that  convention  had  to  be  organized 
and  had  to  discuss,  and  consider,  and  decide  upon  the  terms  which 
had  been  ottered  by  the  Unued  States.  He  found  that  to 
prevent  her  accepianee  of  the  terms  which  had  been  offered 
bv  the  United  Slates,  that  Mexico  was  threatening  to  invade 
her,  and  that  the  congress  and  convention  had  each  asked  the 
interp.isiiion  of  the  United  States  to  prevent  it.  He  found 
our  diplomatic  intercourse  with  Mexico  angrily  and  abruptly 
broken  olf.  And  how.  sir,  has  the  P  esident  managed  the  many 
dilficulties  connected  with  this  question?  Has  he  managed  them 
with  wisdom,  prudence,  and  forbearance? — in  a  manner  worthy  of 
himself  and  the  great  country  of  which  he  is  the  chief  magistrate? — 
with  an  eye  single  to  the  public  good,  and  with  the  commendable 
view  and  temper  to  soothe  the  pride  and  restore  the  friendly  rela- 
tions with  Mexico,  and,  at  the  same  time,  to  protect  the  interest 
and  honor  of  the  United  States? — and  above  all,  has  he  anxiously 
sought  to  suppress  resentments,  and  to  avoid  a  war  between  the 
tvi'o  countries?  These,  sir,  in  my  judgment,  are  the  proper  inqui- 
ries for  us  to  maku,  and  upon  those  inquiries  I  beg  leave  to  make  a 
few  remarks. 

Anticipating  the  favorable  reception  by  Texas  of  the  resolution 
of  Congress,  providing  for  her  admission  into  this  Union,  appre- 
hending, from  intelligence  which  he  had  received  from  that  quar- 
ter, an  invasion  of  Texas  by  Mexico;  earnestly  urged  by  the  con- 
gress and  convention  of  Texas  to  prevent  that  invasion,  the  Presi- 
dent, on  the  loth  of  June,  18J5,  ordered  our  fleet  to  the  Gulf  of 
Mexico,  and  General  Taylor,  then  at  Fort  Jesup,  on  the  western 
frontier  of  Louisiana,  to  move  with  his  forces  to  the  mouth  of  the 
Sabine,  on  the  Gulf  of  Mexico;  or  in  his  discretion,  to  some  other 
point  in  the  gulf,  or  its  navigable  waters,  which  in  his  judgment, 
at  the  proper  time,  would  be  most  convenient  for  the  embareation 
of  his  troops  lor  the  western  frontier  ol  Texas.  In  this  order, 
General  Taylor  was  further  informed  that  his  ultimate  destination 
was  the  Rio  Grande;  and  in  the  same  order,  ho  was  also  inlbrmed 
not  to  enter  Texas  until  he  should  learn  that  Texas  had  assented 
to  the  terms  of  annexation  which  had  been  ofl'ered  her  by  the  Uni- 
ted States,  or  until  required  to  do  so  by  our  minister  at  Texas. 
This  is  the  substance  of  the  first  order  to  General  Taylor.  There 
were  orders  of  the  Xth  and  3Uth  of  July,  and  ol  the  23d  August, 
1845.  The  substance  of  all  of  these  orders,  apart  Irom  mere  mili- 
tary detail  was,  that  he  was  lo  regard  the  Kio  Grande  as  the  point  of 
his  ultimate  destination — that  ho  was  to  protect  Texas  from  inva- 
sion up  to  that  river,  and  in  no  event  permit  armed  troops  from 
Mexico  to  cross  it,  as  such  an  act  would  be  regarded  by  the  Uni- 
ted States  as  an  act  of  hostility.  In  executing  these  orders,  he 
was  directed  to  be  careful  not  to  do  any  thing  to  irritate  Mexico, 
or  lo  provoke  hostilities;  and  that  if  Mexico  liad  any  military  es- 
tablislimcnt  on  the  east  side  of  the  Jlio  Grande,  (which  by  the  bye 
she  had,)  not  to  disturb  it;  and  should  he  find  on  the  east  side  of 
that  river  any  private  citizens  or  settlers  claiming  to  be- 
long  to   Mexico,   not  to  molest   them.     Such,    sir,   is  the  pur- 


port and  substance  of  these  several  orders,  in  the  wisdom 
and  policv  of  all  of  which,  that  distinguished  general  most 
fully  concurred,  as  his  correspondence  abundantly  proves. — 
And  where,  let  me  ask,  in  what  public  document,  in  what  history 
of  any  age,  or  of  any  country,  in  what  wild  romance  even,  have  wo 
proofs  of  more  prudence,  caution,  and  forbearance,  than  are  to  he 
found  in  the  several  orders  of  which  I  have  given  the  substance  ? 
Where  do  we  find  tiie  development  of  greater  solicitude,  while 
firmly  resolved  to  protect  the  rights  of  his  own  country,  to  avoid 
giving  olfenoe,  real  or  fancied,  to  an  adversary,  than  we  find  in 
the  conduct  of  the  President  as  exhibited  in  the  documents  tc  which 
I  have  referred  ? 

General  Taylor  obeyed  the  order  of  the  I5th  of  June,  and  moved 
immeJiarely  with  his  command,  not  to  the  gulf  or  its  navigable 
waters,  but  to  the  barracks  in  the  vicinity  of  New  Orleans,  and 
there  he  remained,  until  he  received',  in  the  month  of  July,  the  in- 
telligence from  our  minister  at  Texas,  that  Texas  had  assented  to 
the  terms  of  annexation,  and  had  voluntarily  therebv  become  an  in- 
tegral part  of  this  Union.  Learning  this,  that  General  then,  in 
further  compliance  with  his  insiruclions,  embarked  his  troops  for 
the  frontier  of  the  Slate  of  Texas.  After  some  delays  and  difficul- 
ties, connected  with  his  stores  and  transportation,  and  some  hesi- 
talion  as  to  the  proper  point,  of  which  the  selection  had  been  left 
to  his  discretion,  we  find  him  on  the  ]5lh  of  August,  at  Corpus 
Chrisli,  on  the  south  side  of  the  inouth  of  the  Neuees  river.  Hero 
he  remained,  usefully  employed  in  making  preparations  for  any 
service  that  might  be  required  of  him  by  either  the  folly  or  mad- 
ness of  Mexico,  or  the  orders  of  his  own  government.  On  the 
IHth  of  October  General  Taylor  is  informed  that  information  had 
been  received  by  the  tieparlnient,  rendering  it  probable  that  no  se- 
rious attempt  would  be  made  to  invade  Texas,  although  Mexico 
still  continued  to  threaten  incursions.  Here,  sir,  with  your  per- 
mission, I  will  leave  for  awhile,  our  gallant  old  General,  and  our 
distinguished  Secretary  of  War,  with  their  happy  prospects  of 
peace  before  them,  and  invite  your  attention  to  this  Texas  question 
in  another  quarter,  and  tJ  its  management  by  other  agents. 

Tlie  President  informs  us,  that  in  September,  1845,  he  received 
information  from  Mexico,  which  induced  liim  to  believe  that  the 
government  of  that  republic  was,  at  that  time,  favorably  disposed 
to  settle  by  negotiation  all  the  difficulties  existing  between  tiie 
two  countries.  Relying  upon  this  intelligence,  Mr.  Buchanan, 
our  Secretary  of  State,  on  tlie  ITihof  September,  1S45,  addressed 
a  letter  lo  Mr.  Black,  our  consul  at  the  city  of  Mexico,  directing 
him  to  ascertain  if  the  intelligence  which  had  been  eommuaicateu 
by  him  and  others  was  well  founded;  and  if  so,  to  assure  the 
governmint  of  Mexico  that  the  government  of  the  United  Slates 
would  waive  all  ctiqutyte,  and  send  to  that  country  immediately  an 
envoy  clothed  with  lull  powers  to  settle  amicably,  and  on  tho  most 
liberal  terms,  every  cause  of  difficulty  unhappily  subsisting  between 
the  two  countries.  Mr.  Black  replied  to  this  letter  of  our  Secre- 
tary of  State,  under  date  of  the  17lh  of  October,  informing  our 
government  that  an  envoy  would  be  received  from  this  country,  for 
the  purpose  of  se  tling  by  negotiation  all  of  the  dilficulties;  and 
Mr.  Black  enclosed,  with  this  despatch,  the  correspondence  which 
had  taken  place  upo.i  (Jiis  subject  between  himself  and  the  Secre- 
tary of  Slate  of  the  government  of  Mexico,  of  the  dates  of  the 
13th  and  15th  of  October,  1845,  shewing  on  the  part  of  Me.xieo 
their  agreement  to  receive  from  this  country  an  envoy,  to  settle  by 
negotiaiion  every  dispute  or  cause  ol  complaint  that  existed  be- 
tween Mexico  and  the  United  States;  and  it  was  asked  on  the  part 
of  Mexico,  as  a  preliminary,  that  our  fleet  then  in  the  viciniiy  of 
Vera  Cruz,  should  be  withdrawn.  In  the  month  of  November, 
this  despatch  of  Mr.  Black,  of  the  17th  of  October,  with  ihe  en- 
closures referred  to,  was  received  at  the  Department  of  State, 
and  our  squadron  was  immediately  withdrawn  from  Vera  Cruz, 
anil  Mr.Shdell.  our  minister,  invested  with  luL  powers  lo  settle  ami- 
cably every  thing  with  Mexico,  was  sent  to  that  country.  This  was 
the  position  of  this  Texas  question,  when  congress  met  in  this  city  in 
the  month  of  December,  1845,  which  was  the  first  Congress  under 
Mr.  Polk's  administration.  In  the  first  annual  message  of  the  Presi- 
dent, which  was  at  the  meeting  of  this  Congress,  the  President 
made  a  full  and  detailed  statement,  wit  h  a  minuteness  which  was 
almost  tiresome,  of  every  thing  that  had  been  done,  in  relation  to 
this  Texas  question.  He  gave  us  every  thing  emanating  from 
either  the  Slate  or  War  Departments,  having  the  slightest  bearinir 
upon  it.  He  told  us  that  Texas  had  agreed  to  our  annexation  re- 
solutions, and  by  .so  doing,  had  become  a  member  of  this  union. 
He  communicated  the  substance  of  the  orders  to  General  Tay- 
lor, and  particularly,  that  the  point  of  his  ultimate  destination  was 
the  Rio  Grande.  He  told  us,  what  intelligence  he  h.ad  received 
from  Mexico,  respecting  tho  reception  of  a  minister,  and  that  one 
had  been  sent  to  that  country.  He  congratulated  us  all,  upon  the 
enlarged  extent,  hloodlessly  achieved,  of  our  territorial  domain, 
reaching,  as  he  informed  us,  Irom  the  bay  of  Fundy,  along  the  At- 
lantic coast,  passing  the  capes  of  Florida,  and  around  the  Gulf,  to 
the  Rio  Grande.  All  these  things  he  told  us  in  his  message  of 
1845,  which  message  was  read  by  our  Seeretaiy,  printed  by 
our  printer,  and  read  bv  us  again  in  our  chambers,  and  by  tho 
reading  portion  ol  our  fellow-citizens.  And  in  the  same  Decem- 
ber, an  act  of  Congress  was  passed,  incorporating  this  whole 
Gulf  coast  into  a  collection  district.  Where  were  the  eloquent 
defenders  of  our  constitution,  at  the  time  of  the  passage  of  this  act, 
and,  at  the  time  of  these  e.xecut.ve  disclosures  >  Where  were  our 
champions  of  justice,  when  these  startbng  and  portentous  disclo- 
sures were  made?  Were  they  sick,  or  absent,  orde.id,  or  deaf  or 
blind  1  did   it  take  the   sound  of  the   cannon  at  Palo  Alto,  and  of 


February  4.] 


THE  TEN  REGIMENT  BILL, 


221 


Resaca,  to  rouse  them  from  their  stupor,  and  to  put  their  brains 
and  tongues  in  motion?  Tliese  are  questions,  which  in  my  judg- 
ment, ought  to  be  answered. 

But  to  return  to  the  history  of  our  n>inister.  Our  minister  ar- 
rived in  the  eiiy  ol'  Mexico,  early  in  Deeembcr,  and  on  the  eve  of 
a  revolution  in  that  country,  based,  as  he  informs  us,  upon  the  un- 
popularity of  the  consent  of  the  President  of  Mexico,  to  receive  a 
minister  from  the  United  States.  Timidity  and  selfishness,  more 
than  inclination,  on  the  part  of  Herrera,  prevented  his  ijovernment 
from  receiving  our  minister.  His  mission  was  refused  upon  tho 
ostensible  ground,  that  he  came  as  ^n  Envoy,  and  not  as  a  Com- 
missioner— witli  too  much  instead  of  too  little  power,  and  that  he 
bad  been  appointed  by  the  Prcbidsnt.  in  the  recess,  and  that  that 
appointmejit  had  not  been  confirmed  by  the  Senate.  These  were 
the  ostensible  motives.  The  real  objections  were,  that  Parades,  one 
of  Herrera's  generals,  to  whom  had  been  entrusted  the  command 
of  8,000  men,  for  the  invasion  of  Texas,  pronounced  against  tho 
government  of  Herrera,  on  the  avowed  ground  that  Herrera  had 
consented  to  receive  a  minister  from  the  United  States,  with  th« 
view  of  settling  all  the  difficulties  between  the  two  Republics  by 
ncgociaiion,  and  that  this  General  was  tnen  on  his  route  to  the  city 
of  Mexico,  for  the  purpose  of  overthrowing  the  government,  and 
putting  a  stop  to  these  contemplated  negociations.  These  facts 
were  communicated  to  our  government,  by  our  minister,  under  date 
of  tne  26th  of  Decemtier,  and  that  communication  was  received  in 
this  city  on  the  12th  of  January,  1846,  and  on  the  next  day,  tho 
order  of  the  13th  of  January,  was  given  to  General  Taylor  to  ad- 
vance his  columns  to  the  Rio  Grande.  This  order  was  received  by 
General  Tayior  in  the  month  of  February,  and  executed  by  hiiu 
in  the  laiter  part  of  March. 

This  is  the  order,  sir,  about  which  we  have  heard  so  much. 
This  is  the  fruit  of  that  forbidden  tree,  from  whicli  has  sprung,  and 
is  to  sniing,  nothing  but  wo  and  disaster  to  Ui  s  country.  Tliis  is 
the  order,  which  has  violated  thf  constitution  of  the  United  States, 
and  usurped  the  constitutional  powers  of  Congress,  which  stands 
so  pre-eminent  in  our  history,  witnout  law  or  example  to  justify  it, 
and  which  led  to  the  invasion  and  forcible  appropriation  of  the 
territory  of  a  neighboring  power,  and  changed  the  friendly  rela- 
tions of  the  two  countries,  into  that  of  a  state  of  wiir. 

Sir,  I  have  already  endeavored,  I  fear  with  tiresome  particular- 
ity, to  give  you  in  detail,  the  circumstances,  ur.der  which  this  or- 
der was  given — and  I  will  now.  with  your  indulgence,  make  a  few 
observations,  upon  the  objections  which  have  been  urged  against 
it.  The  objeetiocjs  to  this  order,  however  ramified  or  numerous^ 
all  point  to  and  rest  upon  execiilive  prerogative. 

I  shall  not  trouble  you,  sir,  v.'itb  reading  extracts  from  our  con- 
stitution, or  laws  made  in  jiursuance  thereof  ;  or  from  the  Federal- 
ist, or  from  Kent  or  Story,  or  from  adjudicated  cases.  Such  a  pa- 
rade of  learning,  in  such  a  body  as  the  Senate,  would  be  worse 
than  useless.  1  hold  these  positions  to  be  true;  that  the  President 
is  the  constitutional  com  nander-in-chicf  of  tho  army  and  navy  of 
the  United  States,  and  as  such,  has  the  right,  with  or  without 
good  reason,  to  order  the  army  of  the  United  States  to  any  point 
within  the  limits  of  the  United  States  ;  subject,  however,  at  all 
times,  to  personal  punishment,  by  impeaehinent,  for  any  corrupt 
abuse  of  his  power.  I  hold  that  under  the  constitution  and  laws, 
he  has  the  undoubted  right,  with  or  without  the  sanction  of  con- 
gress, to  suppress  an  insurrection,  or  to  repel  an  invasion  or  threat- 
ened invasion  ol"  the  territory  of  any  of  the  States,  or  of  the  terri- 
tory of  the  United  States,  jf  I  am  right  in  these  positions,  and  I 
think  no  intelligent  lawyer  or  slatosuian  will  conirovert  tliem.  it 
follows  that  the  order  to  General  Taylor,  of  the  13th  of  January, 
which  was  to  prevent  au  invasion  of  the  territory  of  one  of  the 
States  of  this  LFnion,  was  a  constitutional  order,  which  the  Presi- 
dent had  the  right  to  give,  and  which  it  was  tho  duty  of  General 
Taylor  to  obey.  In  my  view  of  this  case,  as  the  order  was  to  ju'C- 
vent  the  invasion  of  Texas,  it  is  a  matter  of  immateriality  and  per- 
fect indilferencc,  whether  the  territory  into  which  the  army  was 
marched,  belonged  to  Mexico  or  to  Texas,  unless  it  may  be  regard- 
ed as  a  eircumsianee  of  aggravation  or  mitigation  of  the  ofiijiices 
of  Mexico  against  this  country. 

Bui,  sir,  it  so  happens  that  the  territory  into  which  this  army 
was  lUurehed,  was  the  territory  of  one  of  the  States  of  this  Union, 
and  was  not  the  territory  of  Mexico.  I  am  one  of  those  who  have 
ever  contended,  and  do  now  contend,  that  the  territory  lying  be- 
tween the  Nueces  and  Rio  Grande,  and  below  New  Mexico, 
rightfully  and  properly  belongs  to  Texas,  by  the  title  of  conquest 
and  possession.  1  never  did  contend  that  the  country  east  ol'  the 
Rio  Grande,  and  included  in  New  Mexico,  did  belong  to  Texas  ; 
for  she  neither  conquered  or  held  possession  of  it.  Yel  I  remem- 
ber to  have  heird  an  argument  in  this  chamber,  by  our  present 
Secretary  of  the  Treasury,  of  great  force  and  ingenuitv,  founded 
upon  the  laws  of  nations,  and  which  I  have  never  yet  seen  refuted, 
in  defence  of  the  claim  of  Texas  to  this  territory  also.  I  am  one 
of  those  who  never  did  believe,  and  do  not  now  believe,  that  the 
Desert,  or  stupendous  Desert,  as  on  stupendous  occasions  it  is 
sometimes  stupendously  called,  (which,  by  the  by,  happens  to  be  a 
large  fertile  prairie,  resembling  the  famous  blue"  grass  pastures  of 
Kentucky,  more  than  anything  else,)  and  whieli  has  been  located 
between  the  Nueces  and  Rio  Grande,  ever  was  the  proper  boun- 
dary of  Texas,  however  suitable  a  boundary  it  may  be,  to  separate 
the  Anglo-Saxon  and  Mauritanian  races.  And  I  will  now  proceed, 
sir,  to  give  you  tho  reasons  for  my  faith. 

After  the  b,attle  of  San  Jacinto,  in  1836,  the  Mexican  army  re- 
treated to  the  west  side  of  the  Rio  Grande,  and  from  that  day  to 
this,  that  power  has  had  no  miUtary  establishment  on  the  east  side 


of  that  river.  Nor,  prior  to  the  events  with  our  army,  in  April  and 
May,  1846,  has  Mexico  ever  had  an  army  on  the  east  side  of  that 
river,  except  on  two  stealthy  predatory  incursins,  for  roguery  and 
plunder,  fn  m  which  her  lorces  retreated  again  to  the  west  side  of 
that  river,  more  rapidly  than  they  advanced  from  it.  From  the 
battle  of  San  Jacinto  to  this  day,  Mexico  has  exercised  no  civil  ju- 
risdiction on  the  east  side  of  the  Rio  Grande.  The  settlement  if  a 
settlement  it  can  be  called,  at  Brasos  Santiago,  and  the  niilitarv 
organization  at  Laredo,  to  which  reference  has  been  made  for  the 
purpose  of  establishing  the  exercise  of  civil  authority,  by  Mexico 
at  the  former  place,  and  of  military  jurisdiction  at  the  latter  place 
forms  no  just  exception  to  the  force  of  my  statement. 

The  settlement  at  Brasos  Santiago,  which  parly  arithmetic  has 
magnified  into  a  village  with  a  custom  house,  happens  to  have 
consisted  of  a  few  miserable  shanties,  probably  a  half  a  dozen  in 
number,  which  had  been  built  up  and  were  occasionally  occupied  by 
straggling  fishermen,  vagabonds  and  smugglers — never  permanent 
— -here  to-day  and  gone  to-morrow — and  it  is  believed,  when  the  nest 
was  full,  never,  at  any  one  time,  exceeding  fifty  souls  in  number. 
It  is  true,  that  during  the  existence  of  the  troubles  between  Texas 
and  Mexico,  that  importers  of  goods  and  merchandize  destined  for 
the  market  of  Matamoras,  for  the  greater  security  from  seizure  by 
the  authorities  of  Texas,  did  sometimes  land  their  cargoes  at  Brasos 
Santiago,  and  that  on  such  occasions,  an  agent  from  the  custom 
house  at  Matamoras  came  to  that  point  and  received  the  duties  on 
their  goods,  prior  to  their  being  crossed  over  to  the  west  side  of  the 
Rio  Grande,  in  order  that  they  might  by  that  route  be  safely  intro- 
duced into  Matamoras.  And  I  believe  it  is  also  true,  that  those 
goods,  while  awaiting  the  arrival  of  ilie  custom  house  agent,  and 
w  lie  being  prep-  red  for  a  land  transportation  from  that  point  up 
the  west  side  of  that  river,  were  temporarily  protected  by  one  or 
more  of  those  shantecs.  From  this  information  which  1  have  had  in 
regard  to  the  settlement  at  Brasos  Santiago,  and  in  which  I  place 
confidence,  I  infer  that  there  was  nothing  in  the  nature  of  that 
settlement,  if  a  settlement  it  can  be  called,  that  goes  to  prove  the 
exercise,  on  the  part  of  Mexico,  of  any  civil  authority  at  that  point. 
This  information  I  have  had  confirmed  by  a  conversation  I  have 
recently  had,  with  one  ftf  our  gallant  naval  oUieers,  who  was  with 
our  fleet  at  Brasos,  at  the  arrival  of  General  Taylor  at  that  place. 
The  officer  I  allude  to,  is  Captain  Gregory,  of  the  navy.  So  far 
from  such  a  settlement  establishing  the  exercise  of  any  such  au- 
thority, I  inier  tlie  conirary.  It  establishes  the  acknowledijed  su- 
premacy of  Texas  on  the  east  side  of  the  river,  as  well  as  upon  it. 

In  regard  to  the  military  organizalion  at  Laredo,  which  is 
relied  upon  to  prove  the  exercise  of  military  authority  on  the 
part  of  Mexico,  on  the  east  side  of  the  river,  I  have  to  say, 
that  I  see  nothing  in  that  organization  calculated  to  prove 
the  exercise  of  any  such  authority.  Before  the  revolution 
of  Texas,  the  citizens  of  that  town  in  consequence  of  their 
exposure  to  Indian  depredations,  were  exempt  from  the  de- 
cree, or  order,  or  law,  or  whatever  it  was,  tliat  deprived  all -the 
citizens  of  Mexico,  not  attached  to  the  army,  from  owning  and 
bearing  arms.  It  was  this  decree  or  order  and  the  attempt  on  the 
part  of  Mexico  to  enforce  it,  that  produced  the  revolution  of 
Texas.  The  citizens  of  Laredo,  were  exempt  from  a  compliance 
with  this  decree,  for  the  special  reasons  IJiave  referred  to.  This 
orii'anization  existed  before  tho  revolution — ihiring  the  revolution, 
and  for  aught  I  know  to  the  contrary,  exists  to  tnis  day.  It  was 
an  organization  with  which  Texas,  or  her  vessels  to  that  town, 
never  interfered,  an  organization  which  Texas  had  taken  up  arms 
to  defend,  and  which  was  but  a  common  right  ever  claimed  and 
exercised  Iiy  every  freeman  of  that  Republic. 

This  town,  the  largest  and  most  important  of  all  the  settle- 
ments on  the  east  side  of  the  Rio  Grande,  was  twice  visited  by 
the  army  of  Texas,  and  that  town,  as  often  acknowledged  the 
supremacy  of  Texas,  and  that  acknowledgment,  so  far  as  my  in- 
formation extends,  was  never  after  controverted.  "Such  are  the 
explanations,  based,  as  I  believe  upon  truth,  that  I  have  thought 
proper  to  give  upon  the  nature  and  description  of  those  two  settle- 
ments to  which  refei'tnce  has  been  made. 

In  1843,  when  Texas  and  Mexi -o  were  induced,  through  the 
medium  of  the  representatives  of  France  and  England,  to  acree 
U|ion  an  armistice,  nothing  was  said  upon  the  subject  of  boundary 
between  those  two  republics.  But  in  the  proclamation  of  General 
Well,  then  at  the  head  of  the  Mexican  forces,  that  general,  on 
proclaiming  the  armistice,  notified  every  one  nol  to  approach,  on 
the  cast  side  of  the  Rio  Grande,  within  one  league  of  that  river, 
or  they  would  be  regarded  as  enemies,  and  treated  accordingly. 
That  general  on  that  occasion  said  nothing  about  the  Nueces  or 
the  stupendous  desert. 

These,  sir,  are  the  evidences  I  adduce  against  the  claim  of 
Mexico  to  any  part  of  the  territory  lying  between  the  Nueces  and 
Rio  Grande,  and  below  New  Mexico. 

On  the  part  of  Texas,  I  urge  the  fact  of  her  expulsion  of  the 
civil  and  mililary  authority  of  Mexico  from  the  east  to  the  west 
side  of  the  Rio  Grande,  and  of  her  having  kept  it  there.  I  urge 
the  fact  of  her  congressional  declaralioii  of  December,  1836,  of 
the  Rio  Grande  as  her  boundary.  I  urge  the  fact  of  her  military 
establishment  at  Corpus  Cl.risti,  convenient  to  her  settlements, 
and  favorable  for  the  reception  of  supplies — from  which  post  the 
army  of  Texas,  at  pleasure,  first  under  General  Rusk,  and  after- 
wards under  General  Felix  Houston,  traversed  oyer  the  whole  of 
this  country  without  molestation.  I  urge  the  fact  that  Texas  had 
oiganized  this  country  into  counties,  and  appointed  civil  officers  in 
it  to  administer  her  laws;  that  she  sent  her  public  surveyors 
into  it,  and  surveyed  it,  and  appropriated  these    lands    to  her  own 


222 


THE  TEN  REGIMENT  BILL. 


[Friday, 


use.  I  urpfi  the  fact  that  Texas  had  established  an  election  pre- 
cinct at  Corpus  Christi,  at  which  the  citii-ens  residing  between  the 
two  rivers,  il  they  chose  to  do  so,  could  vote.  What  better  claim 
than  this,  founded  upon  conquest  and  continuous  possession  can 
any  country  have  for  her  territory.  It  is  the  title  by  wliich,  if  not 
all,  the  majority  of  the  civilized' powers  of  the  world  hold  their 
possessions. 

It  is  true,  sir,  that  within  this  territory,  the  settlements  \vere 
detached  and  sparse,  and  from  the  nature  of  their  situation, 
in  such  times  as  those,  that  law  and  Justice  may  have  been  but 
feebly  administered,  and  that  the  franchises  of  a  freeman  may  have 
been  but  scantily  enjoyed.  The  S?nator  from  Mai-yland  (Mr. 
Peakce)  has  ridiculed  the  fact  (but  his  ridicule  will  not  alter  the 
fact.)  of  a  precinct  having  been  established  at  Corpus  Christi,  for 
the  accommodation  of  all  the  settlers  residini;  between  the  two 
rivers  Wnat,  ho  asks,  establish  a  precinct  lor  these  poorlellows 
to  vote  at,  one  hnn<lred  and  fifty  miles  from  the  residences  of  some 
of  them?  Sir,  that  Senator  was  born  in  JVIaryland,  in  an  old  and 
thickly  settled  country,  where  are  to  be  had,  not  only  all  the  com- 
forts which  man  can  desire,  bat  also  all  the  political  accommoda- 
tions which  the  most  inferior  or  indolent  could  hope  for.  In  new 
countries,  these  tliinss  arc  otherwise.  At  one  time,  in  the  history 
of  my  own  State,  which  in  point  of  territory  is  among  the  largest 
in  the  Union,  the  territory  wliich  now  forms  that  State,  then  a  part 
of  Missouri,  belonged  to  the  county  of  New  Madrid,  and  the 
county  seat  of  which  was  at  the  village  of  New  Madrid,  on  the 
Mississippi  river,  some  seventy  or  seventy  five  miles  below  the 
mouth  of  the  Ohio  ;  and  to  this  county  scat  the  settlers  on  the  Red 
river  had  often  to  come,  to  attend  to  their  suits  and  to  serve  as 
grand  jurors.  In  the  discharge  of  this  duty,  those  peole  had  to 
travel,  if  by  w.iter,  to  their  county  seat,  eight  hundred  or  one 
thousand  mdes  ;  and  if  by  land,  four  or  five  hundred  miles,  thrfiugh 
a  country  nearly  destitute  of  inhabitants,  and  much  of  the  way 
through  the  woods,  and  over  navigable  streams  and  impassable 
creeks.  As  late  as  ISI9,  the  county  of  Arkansas  was  bouuded  on 
the  south  by  Louisiana,  and  on  the  north  by  the  State  of  Missouri, 
and  measured  by  the  meanders  of  the  Mississi]ipi  river,  which  was 
its  eastern  front,  a  distance  of  about  six  hundred  miles.  The 
county  seat  for  this  county  was  at  the  "  Old  Port  of  Arkansas,"  a 
village  venerable  at  least  tor  its  age,  it  having  been  settled,  accord- 
ing to  the  tradition  of  the  country,  cotemporaneously  with  St. 
Louis,  Kaskaskia,  Vinccnnes,  and  Philadelphia,  which  was,  I  be- 
lieve, according  to  our  chroniclers,  in  lij'io.  This  county  seat — ■ 
whii-h  has  seen  better  days,  has  been  of  late  years  growing  smaller 
bv  degrees  and  more  Ijeautifully  "less" — was  selected,  as  all  county 
scats  in  all  new  counties  are  selected,  in  reference  to  popidution, 
and  not  territorial  centres.  It  was  on  the  edge  of  one  side  of  the 
county,  and  the  remoter  settlers,  in  getting  to  it,  had  to  travel  two 
or  three  hundred  miles.  These  inconveniences  are  but  of  common 
occurrence  in  all  new  countries,  as  Senators  from  the  new  States 
will  testify.  When  the  Senator  from  Maryland  shall  herealter 
dwell  upon  this  subject,  I  hope  we  shall  have  his  sympathy  instead 
of  his  ridicule,  and  that  he  will  content  himself  by  thanking  his 
stars  tli.at  he  was  born  in  Maryland,  and  not  in  the  wilderness.  I 
hope  he  v.-i\l  cease  to  wonder  that  the  poor  fellows  on  the  Rio 
Grande  had  to  travel  to  San  Patricio  or  Corpus  Christi  to  vote  or 
transact  their  business.  Upon  the  whole,  then,  I  urge  this  fact, 
also,  as  important,  and  not  trivial,  in  behalf  of  the  claim  of  Texas. 
It  is  probably  true  that  the  greater  number  of  the  settlers  on 
the  Rio  Grande,  were  of  Spanish  origin,  and  favorably  inclined  to 
the  cause  of  Me.>;ico.  But  no  matter  what  their  origin  or  feeling, 
they  were  too  ineousidcrable  in  numbers  to  be  the  object  ofsfiecial 
attention  to  either  of  the  belligerents.  They  look  no  part,  generally 
ill  the  conflict  between  Texas  and  Me-\it:o,  and  through  the  double 
motives  of  policy  and  humanity,  neither  of  the  parties  disturbed 
them.  They  were  left  to  the  enjoyment  of  their  neutrality,  their 
flocks,  and  litlle  patches  of  corn,  and  cotton,  and  red  pepfier. 
The  only  instance  to  the  contrary,  was  the  order  of  General  Kusk 
in  1836,  to  those  settlers  to  retire  to  his  rear,  on  the  Gaudaloupe, 
or  to  the  west  side  of  the  Rio  Grande,  which  order  all  of  them  obey- 
ed, and  continued  to  obey  until  183S,  when  they  were  again  per- 
mitted to  return,  and  did  return,  and  there  they  have  remained 
ever  since. 

These  facts  I  urge  in  behalf  of  the  claim  of  Texas  to  the  terri- 
tory between  the  Nueces  and  Rio  Grande,  and  as  adverse  to  the 
pretensions  of  Mexico.  It  is  true  that  JWcxico,  during  all  this 
time,  claimed  not  only  the  territory  in  controversy,  but  the  whole 
of  Texas,  not  to  the  Nueces,  or  desert,  which  she  never  mentioned, 
but  to  the  Sabine;  and  that  she  blustered  and  bullied,  and  talked 
loudly  of  invasion,  and  blood,  anil  thumler.  and  all  that.  Thus 
stood  the  claim  of  the  res)iectivc  parties,  when  the  treaty  of  an- 
nexation was  made  in  1841.  And  this  brings  me  to  the  action  of 
the  United  States  upon  this  question  of  title  and  boundary.  The 
United  States,  us  the  successors  of  Texas,  and  to  whom  this  set- 
tlement of  her  boundary  had  been  committed,  could  not,  consisient- 
ly  with  her  tidclity  and  honor  to  Texas,  give  up  any  part  of  it, 
without  a  friendly  discussion,  by  which  the  United  States  should 
bo  satisfied  that  the  claim  of  Texas  was  nntenuble.  The  United 
States  regarded  it  as  treacherous,  and  cowardly  to  have  done  so. 
This  discussion,  at  that  time  and  ever  since,  the  United  States 
were  most  anxious  to  have,  and  were  also  must  anxious  to  settle 
it  speedily,  and  upon  the  most  liberal  terms,  of  which  there  is  in 
our  archives  the  most  abundant  proof.  This  discussion  the  govern- 
ment of  Mexico  most  peremptorily  refused,  and  in  consequence  of 
thai  refusal,  the  United  States  were  unwilling  to  give  up 
any  part    of  the  boundary   claimed    by  Texas.     This   policy    of 


the  United  States  was  acceptable  to  the  majority  of  the 
Senate  in  1844.  The  main  opposition  to  the  treaty  of  that 
day  rested  upon  the  question  of  boundary — and  that  part  of  the 
boundary,  mainly,  wliich  included  the  Santa  Fe  country,  or  New 
Mexico,  with  its  forty  villages,  which  had  been  settled  by  Spain 
one  hundred  years  before  La  Salle  had  ever  seen  the  Mississippi 
river,  and  which  Texas  had  never  invaded,  much  less  conquered. 
To  show  that  this  country  was  included  in  the  claim  of  Texas, 
the  Senator  from  Missouri,  [Mr.  Be.nton,]  in  April,  1844,  intro- 
duced a  resolution  calling  upon  President  Tyler  for  the  boundary 
claimed  by  Texas.  The  response  to  this  call  was  a  map,  in  large 
red  lines,  describing  that  boundary  Irom  the  mouth  to  the  source 
of  the  Rio  Grande.  Accompanying  this  map  was  a  memoir  of  valu- 
able information  which  had  not  been  called  for  by  the  Senator  from 
Missouri,  showing  the  quantity  of  land,  among  other  things,  which 
we  were  getting  by  our  treaty,  and  the  computation  of  those  lands 
included  all  lying  within  the  claim  of  Texas.  This  was  all  that 
the  opponents  of  the  treaty  desired,  and  as  it  came  to  us,  without 
any  explanation  in  regard  to  that  fact,  giving  us  New  Mexico,  it 
was  rather  more  than  the  friends  of  the  treaty  desired.  The 
treaty  was  rejected.  But,  the  jiolicy  of  the  United  States,  in  re- 
gard to  the  manner  of  settling  this  boundary  question,  (that  is  to 
say  by  a  frieudlv  discussion)  has  not  been  changed.  The  United 
States,  have  still  considered  themselves  bound  to  protect  the  boun- 
dary of  Texas  until  .satisfied  it  was  untenable.  The  United  States 
hail  no  other  course  to  pursue,  under  such  circumstances,  than  to 
prevent  Mexico  from  seizing  Texas  or  any  part  of  it,  by  fm-ce. 
She  would  have  acted  unworthy  of  herself,  and  contemptibly  in 
the  eves  of  the  world,  if  she  had  pursued  any  other  policy  than  sho 
has  upon  this  question,  under  all  the  circumstances.  She  has  not 
been  derelict  in  her  duty  to  Te.xas,  nor  unkind  or  unjust  to  Mexi- 
co. The  President  did  precisely  what  the  country  expected  him 
to  do — he  tried  to  settle  this  boundary,  in  a  friendly  manner  and 
upon  the  most  liberal  terms.  He  could  not  eHect  it.  Mexico 
was  preparing  *o  invade  it  ai  d  hbld  it,  and  the  President  antici- 
pated Mexico,  and  prevented  her.  In  doing  this  he  did  his  duty, 
and  lor  which,  for  one,  I  thank  him. 

But  our  adversaries  say,  that  in  a  movement  so  important,  so 
likely  to  change  the  peaceful  relations  between  the  two  countries, 
into  that  of  a  state  of  war,  it  was  the  duty  of  the  President  to 
have  consulted  Congress  which  was  then  in  session.  It  is  true 
that  Congress  was  in  session  in  January,  1S46,  when  the  order 
was  given  to  General  Taylor,  and  that  Congress  was  not  consult- 
ed about  that  order.  And  why  let  me  ask  should  Congress  have 
been  consulted  about  it  ?  Does  not  a  satisfactory  answer,  for  the 
omission  for  the  President  to  consult  Congress  about  this  order, 
suggest  itselt  to  Senators?  Have  we  so  soon  forgotten  the  events 
ol  that  period?  Have  we  forgotten  our  difficuliy,  then  pending 
with  England  in  regard  to  the  Oregon  Territory?  The  anxiety 
felt  everywhere  and  by  every  one  upon  that  subject  ?  Have  we  for- 
gotten tiie  temper  displayc'l  by  our  fellow  citizens;  the  manifest  _ 
and  eager  uprising  of  the  masses  of  our  population  upon  the  ever" 
popular  cry  in  this  country,  of  a  war  with  England?  of  the  prompt 
demand  for  news  upon  the  arrival  of  every  sicamer  from  England? 
Have  we  forgotten  the  debates  in  England,  and  France,  (jier  ally 
upon  the  Oregon  and  Texas  questions)  and  the  debates  in  this 
chamber,  upon  the  anticijiated  rupture  at  that  time,  with  this  for- 
midable power  ?  Of  the  necessity  we  all  felt  for  the  immediate 
adjustment  of  this  question,  fairly  and  aniicaldy,  in  order  to  pre- 
serve the  peace  of  the  world,  and  probably  England  or  America 
and  possiblv  both,  from  minor  or  unimpairablc  sacifiecs  ?  Have 
we  forgotten  the  influences  which  this  Oregon  question  had  upon 
the  policy  of  Mexico,  and  of  the  Texas  (piestion  upon  the  policy 
of  England,  by  wdiicii  these  two  powers  were  brought  together, 
and  acted  in  unison  against  the  United  States  ?  and  in  which  the 
CO. operation  of  France  was  relied  upon,  by  the  mad  and  vi- 
sion.iry,  but  tempting  consideration  of  giving,  under  the  aus- 
pices of  Parcdes  and  the  clergy,  a  ruler  to  Mexico,  in  the 
person  of  a  prince  of  the  house  of  Bourbon.  In  such  a  crit- 
ical position  of  our  affairs,  in  January,  1846,  was  the  President 
prepared  at  that  time  to  recommend  Congress  to  declare  war 
against  Mexico,  if  ho  had  even  desired  a  war,  which  Ue 
never  did,  with  that  power?  No,  sir,  ie  was  not.  He 
chose,  and  I  think  wisely,  a  difl'erent  line  of  policy.  Ho  chose 
to  settle  our  diiriculties  with  Mexico,  if  possible,  rather  by  nego- 
ciation  than  the  sword — and  acting  on  this  policy  he  directed  our 
minister,  (Mr.  SlidcU,)  notwitlisianding  the  rciusal  by  Herrera  to 
receive  him,  and  notwithstanding  the  revolution  and  the  avowal  of 
the  principh^s  on  which  it  was  achieved;  he  directed  that  minister, 
notwithstanding  these  obstacles,  to  remain  in  Mexico,  and  to  make 
overtures  for  his  reception,  to  the  usurper,  with  the  view  of  set- 
tling every  cause  of  dispute  between  the  two  coun.ries.  And  that 
minister  did  remain,  and  did  make  these  overtures  until  the  12ih 
of  March,  when,  on  that  day,  bis  overtures  were  definitely  and 
finally  rejected.  That  chieftain  having  come  into  power  by  a  rev- 
olution predicated  upon  the  question  of  no  negociation  with  the 
United  States— but  war,  and  expecting  at  that  precise  period  of 
tiuic,  a  rupture  between  the  United  Slates  and  England  upon  the 
Oregon  question  which  had,  at  that  time,  assumed  the  a|)pearanoe 
of  probability;  and  relying,  for  the  reasons  before  alluded  to,  upon 
the  co-operation  of  France,  and  relying,  also,  a  good  deal  upon 
our  unhappy  tlisscnsions  about  the  Texas  question,  of  whieh  1  have 
reason  to  believe  he  was  well  informed  ;  that  chieftain,  for  these 
reasons,  on  the  I2th  of  March,  dismissed  Mr.  Slidcll,and  resolved 
in  the  midst  of  our  dilficultics  at  home  and  abroad,  to  invade  Te.xas 
for  the.  purpose  of  reconquering  it.     At  that  time,  on  the  12th  of 


February  4.] 


THE  TEN  REGIMENT  BILL. 


223 


March  when  this  lonp;  talked  of  invasion  of  Texas  had  been  de- 
termined upon,  the  movement  of  General  Taylor  from  Corpus 
Christi,  wijich  was  on  the  llth  of  March,  and  only  one  day  before 
the  final  refusal  of  the  reception  of  our  minister,  was  not  and  could 
not  have  been  known  by  Paredes  or  in  the  city  of  IVlexico.  It  was 
not,  therefore-  the  march,  which  either  caused  the  refusal  of  the 
reception  of  our  minister  by  the  government  of  Mexico,  or  that 
provoked  that  power  imo  hosliliiies  against  the  United  States, 
from  which  this  war  dates  its  origin.  Are  other  proofs  to  estab- 
lish this  lact  desired?  If  so,  we  have  them,  in  the  proclamation  of 
General  Ampudia,  at  that  time  at  the  head  ol  the  invading  army, 
under  dale  of  the  27th  of  March,  at  Saliillo,  in  which  he  enumera- 
ted the  causes  of  complaint  against  the  United  States,  and  in  that 
list  llie  march  of  General  Taylor  from  Corpus  Christi  is  not  enu- 
merated, but  the  resoluiion  for  the  annexation  of  Texas  is  enu- 
merated. As  General  Taylor  had  only  arrived  at  the  Rio  Grande 
on  the  26th  of  March,  on  the  day  only  preceding  the  date  of  that 
general's  proclamation,  the  movement  of  General  Taylor  was 
probably  unknown  to  him.  Are  further  proofs  wanted  to  shew 
that  the  admission  of  Texas  into  the  Union,  and  not  the 
the  march  of  General  Taylor,  was  the  cause  of  offence 
to  Mexico,  which  produced  the  revolution  and  pushed  thai 
power  into  hostilities  against  us  ?  We  find  this  additional 
proof  in  the  manifesto  of  Paredes,  dated  at  the  national  palaco  on 
the  i3d  dav  of  April,  18-16,  after  he  had  heard  of  the  arrival  of 
General  Tuvloron  ihe  Rio  Grande,  wliieli  arrival  he  notices  in  that 
manilesto,  and  which  ho  regarded  as  an  aggravation  of  the  offences 
of  the  United  States  against  Mexico.  That  chieftain,  in  that  doc- 
ument, informs  us,  that  on  assuming  the  responsibility,  in  the  be- 
ginning of  the  year  1846.  he  had  resolved  upon  changing  the  policy 
of  Mexico,  from  that  of  weak  and  temporizing,  which  had  been 
observed  in  regard  to  the  United  Stales,  iu  consequence  of  the  per- 
fidy of  the  United  States  in  incorporating  one  of  the  departments 
of  Mexico  into  its  confederacy,  and  of  its  treacherous  violation  of 
the  terms  of  existing  ireaties,  which  guarded  the  limits  of  Mexico. 
That  President  of  Mexico  tells  us  in  that  document,  after  a  good 
deal  of  bluster  and  bombast,  that  it  was  for  this  reason  that  Mex- 
ico sanctioned  the  movement  which  he  began  at  San  Luis  Potosi, 
not  for  the  purpose  of  placing  him  in  power,  but  that  Mexico 
might  shine,  by  the  triumphs  of  a  cause,  which  is  the  cause  of  the 
conservative  piinciple  of  human  society.  Are  other  proofs  want- 
ed to  shew  that  it  was  not  the  march  of  Taylor's  army  to  the 
Rio  Grande  that  caused  this  war?  We  find  them  in  the  letter  of 
Commodore  Conner,  under  daje  of  the  2(Jth  of  March,  1S46,  nine 
days  before  General  Taylor  moved  from  Corpus  Christi,  in  which 
the  Commodore  states  that  the  papers  of  the  capital  states,  that 
within  the  last  ten  days  a  large  lorce  of  nearly  eight  thousand  men 
had  marched  to  the  northern  frontier.  The  commodore  attaclied 
but  little  credit  to  the  report  at  the  time,  but  subsequent  events 
have  proved  that  these  statements  in  the  papers  were  well  found- 
ed, is  furihcr  proof  wanted  to  shew  that  it  was  not  the  march 
of  General  Taylor  from  Corpus  Christi  that  brought  on  this  war  ? 
If  so,  we  find  these  proofs  in  the  reports  of  General  Taylor,  in- 
forming us  of  the  affair  at  the  Little  Colorado — of  the  raneheros 
which  beset  his  march,  and  of  his  having  found  on  his  arrival  on 
the  Rio  Grande,  1,500  or   2,000   men,   at   Matamoras.   and  of  ox- 

geeted  re-inforeements  under  General  Ampudia,  which  could  not 
ave  been  organized  and  placed  in  position  under  the  thirteen  days 
which  intervened  between  the  breaking  up  of  his  camp  at  Corpus 
Christi  and  the  arrival  of  General  Tavlor  on  the  23d  of  March  at 
the  Rio  Grande.  Proofs  might  be  multiplied  to  shew  the  impos- 
sibility of  the  march  of  General  Taylor  to  the  Rio  Grande,  having 
been  the  cause  of  this  war.  Yet,  sir,  for  some  time  after  the  ar- 
rival of  General  Taylor  on  the  Rio  Grande,  no  attack  was  made 
upon  him,  and  it  had  been  deferred  so  long  that  that  General,  and 
General  Worth,  were  both  of  opinicn  that  no  attack  would  be  made 
upon  our  army;  and  under  this  impression,  General  Worth,  on  the 
lith  of  April,  resigned  his  commission,  and  on  the  16th  of  April 
left  Point  Isabel  for  t'-e  United  States,  and  reached  Washing- 
ton on  the  day  only  before  the  news  of  Thornton's  affair — 
which  afiair,  as  before  observed,  was  thecau.se  of  the  war.  After 
all  this  proof  it  is  still  contended  that  the  President  is  the  cause 
of  this  war,  because  he  did  not  supply  General  Taylor  with  more 
troops.  Our  unsettled  ditficulty  which  was  then  at  its  height,  re- 
quired a  portion,  at  least,  of  our  small  army  in  other  quarters. 
The  public  exigencies  at  this  precise  time  required  this  portion  of 
our  troops  on  the  Atlantic,  and  on  the  Canadian  and  Indian  fron- 
tiers. General  Taylor  was  supported  with  all  the  regulars  that 
could  be  spared  him.  But,  the  President  gave  him  full  authority, 
if  he  needed  more  troops  to  repel  the  threatened  invasion,  to  call  lor 
such  force  as  he  wanted,  upon  the  Governors  of  Alabama,  Louisiana, 
Mississijipi,  Tennessee,  Kentucky,  and  Texas— and  their  Governors 
were  notified  to  honor  General  Taylor's  call  for  such  numbers  of 
troops  as  he  required.  If  General  Taylor,  in  whom  the  President 
placed  full  conhdence,  did  not  draw  for  these  troops,  the  lault  wns 
in  him  and  i.ot  in  the  President.  Volunteei  s  were  sent  to  him  by 
General  Gaines  without  his  order,  and  it  was  a  special  ground  of 
complaint  on  the  part  of  General  Taylor  that  those  troops  had 
been  sent  him;  and  General  Taylor  again  and  again  implored  the 
Department  not  to  send  him  troops  until  the  required  time.  And 
this  confidence  of  the  Presdent  in  General  Taylor  is  very  gravely 
brought  forward  as  a  charge  against  the  President.  This  is  really 
too  bad.  W"ill  the  time  never  arrive  when  an  adversary  can  do  an 
adversary  justice  ? 

The  remaining  cause  for  this  war  which  I  will  briefly  consider, 
was  the  presentation  to  Texas,  for  her  acceptance,  'the  first  in- 


stead of  the  second  of  the  resolutions  of  annexation.  The  first  reso- 
lution, as  well  as  the  second,  and  in  this  respect  they  are  identical, 
authorizes  Congress  to  adjust  with  Me.xieo  the  boundary  line.  In 
what  do  these  resolutions  differ  ?  In  the  first.  Texas  was  autho- 
rized to  come  into  the  Union  without  another  contest  upon  a  treaty; 
which  required,  what  never  could  be  had,  two-thirds  of  the  Senate 
to  ratify  it.  In  the  second  resolution  she  had  to  come  in  through 
this  gate,  through  which  she  never  could  have  passed,  or  else  she 
had  to  come  in  on  terras  which  Texas  might  or  might  not  have  been 
willing  to  accede  to,  and  in  no  event  without  another  election  and 
another  Texas  contest  upon  the  terms  of  the  contract,  as  well  upon 
the  measure  itself;  which,  in  the  mind  of  the  President,  it  was  very 
desirable  to  avoid.  Has  the  Senator,  (Mr.  Johnson,  of  Mary- 
land,) read  the  journal  of  our  proceedings  on  these  resolutions. 
Has  he  discovered  that  while  as  a  compromise,  every  democrat 
voted  for  the  second  of  lliese  resolutions,  that  every  whig,  but  the 
immortal  three,  Merrick.  Henderson,  and  Johnson,  of  Louisiana, 
voted  against  this  second  resolution  ?  If  he  has  not  read  our  pro- 
cecdings  which  happened  before  his  time,  I  advise  him  to  do  so. 
He  has  committed  one  murder  upon  his  party  already,  by  his 
manly  and  able  vindication  of  the  war;  would  it  not  be  safe  for 
him,  if  be  desires  to  preserve  his  standmg  in  his  political  church, 
not  to  commit  another.  His  party,  I  can  tell  him.  will  not  stand 
such  a  catalogue  of  heresies  as  those  of  defending  the  war,  and  of 
bringing  Taylor's  military  judgment  into  question,  or  what  is  more 
important  in  their  estimation,  the  propriety  of  their  vot;-s  upon  any 
Texas  issue. 

Sir,  before  passing  from  the  inquiries  into  the  cau.sesof  this  war, 
which  I  shall  do  very  shortly.  I  have  j-et  a  duty  to  perform,  and 
that  is,  to  say  a  few  words  upon  the  examples  which  have  been  so 
triumphnntly  paraded,  and  which  have  been  so  frequently  referred 
to,  of  Mr.  Jetl'cr.son  and  Mr.  Madison,  as  exhibiting  so  striking  a 
contrast  to  the  acts  of  the  President  in  reference  to  Taylor's  march 
to  the  Rio  Grande.  The  examples  of  1803  and  1806,  in  the  time 
of  Mr.  Jefferson,  and  in  1813,  in  the  time  of  Mr.  Madison,  do  pre- 
sent a  contrast  to  the  act  of  Mr.  Polk  in  relation  of  the  Texan 
boundary,  and  for  the  best  of  all  reasons,  that  the  cases  referred 
to  are  entirely  dissimilar.  The  act  of  1803,  of  which  Ross's  reso- 
lution was  the  foundation,  and  the  right  to  navigate  the  Mississip- 
pi river  the  leading  motive,  and  the  law  of  nations  the  justification 
of  it,  was  an  aggressive  act,  and  not  defensive,  and  an  act  to  au- 
thorize an  invasion,  and  not  an  act  to  prevent  an  invasion.  Autho- 
rities, it  is  true,  have  been  read  to  show  that  this  act  was  pas.s- 
ed  to  prevent  the  invasion  of  this  country  hy  France  in  1803. — 
That  contemplated  invasion  I  have  contradicted  for  three  reasons. 
The  first  is,  that  it  was  to  protect  Louisiana  against  capture  and 
conquest  by  Great  Britain  ;  the  second,  that  the  authorities  on 
which  it  is  relied  to  prove  the  invasion  of  the  United  States,  bear 
date  in  1802,  and  the  resolution  of  Mr.  Ross,  on  which  the  act  was 
founded,  %vas  in  1803,  and  in  those  resolutions  nothing  is  said  about 
invasion  ;  my  third  reason  is,  that  if  invasion  had  been  apprehen- 
ded, Mr.  JeH'erson,to  whom  all  this  correspondence,  so  greatly  re- 
lied upon  by  Senators,  was  directed,  would  have  noticed  that  tbrea- 
tened  invasion  of  this  country  by  France,  in  his  annual  message  of 
a  subsequent  date,  which  he  did  not.  For  these  reasons  I  contend 
that  the  act  was  aggressive — was  for  an  invasion  of  Louisi- 
ana— and,  therefore,  tery  justly  and  very  properly  the  action  of  Con- 
gress, as  accomplices  in  the  meditated  invasion,  was  necessary — 
and  Congress,  in  March  of  1803.  did  consent  to  become  the  accom- 
plices of  the  President  in  that  act  of  aggression.  I  have  stated 
the  claim,  the  right  of  navigation  of  the  Mississippi,  which  wc 
could  not  get,  either  by  negotiation  or  purchase;  a  claim  wiiich  it 
was  unnecessary  to  assert  by  force,  so  long  as  we  had  the  ri^ht  to 
a  depot  in  Nevv  Orleans,  by  virtue  of  the  treaty  of  1796.  That 
right  expired  by  its  own  limitation,  and  wc  were  unable  to  get  that 
right  to  a  depot  extended,  or  our  right  to  naviga'e  the  Mississippi 
river  to  the  ocean  acknowledged,  and  were  prepared,  in  the  event 
of  a  failure  to  purchase  of  France  a  depot  for  our  western  produce, 
or  the  sanction  of  that  government  to  our  claim  to  navigation,  to 
assert  it.  AVe  purchased  Louisiana,  and,  therefore,  no  action  was 
ever  had  under  the  act  of  1803  ;  and  out  of  that  purchase  of  Loui- 
siana, grew  the  difficulties  which  gave  birth  to  the  acts  of  1806 
and  1813.  I  would  ask  if  it  is  pretended,  that  in  1806,  or  in  1813, 
there  were  any  apprehensions  of  an  invasion  of  this  country  by 
Spain?  I  heard,  and  shall  hear  of  no  such  allegation.  This  act, 
tiiercfore,  like  that  of  1803,  were  without  aggression,  and  were  not 
designed  to  prevent  an  invasion  of  the  territory  of  the  United 
States,  but  to  authorize  the  United  States  to  invade  the  posses- 
sions claimed  and  occupied  by  lh"i  subjects  of  the  Spanish  mon- 
arch. On  such  a  subject  it  was  necessary  and  proper  that  Con- 
gress should  be  consulted,  and  Congress  was  consulted  and  assen- 
ted to  the  meditated  invasion.  Under  the  act  of  1806  nothinc 
was  ever  done-  Under  that  of  1813  we  took  possession  of  the 
Mobile  countrv,  and  subsequenlh'  incorporated  it  into  Alabama, 
where  it  i.s  to-dav.  These  are  the  cases,  ail  airgressive.  all  con- 
templating an  invasion  of  a  country  occupied  and  claimed  by 
other  powers,  with  whom  wc  were  at  peace.  If  gentlemen  can- 
not see  the  dilference  between  an  aggressive,  invasive  act,  and  one 
of  self-defence  and  preventative  of  invasion.  I  shall  have  to  con- 
clude that  'hey  are  duller  in  intellect  than  I  had  supposed. 

I  will  now,  very  briefly,  consider  the  second  count  of  this  indict- 
ment against  the  administration;  and  that  is,  as  to  the  manner  in 
which  this  war  has  been  conducted.  When  this  war  was  declared, 
with  but  two  dissenting  voices  in  the  Senate,  and  with  but  fourteen 
in  the  House,  the  President  sent  in  his  estimates  for  the  necessary 
men,  and  money,  and  other  means,  to  carry  it  on  successfully.— 


224 


THE  TEN  REGIMENT  BILL. 


I  Friday, 


These  estimates  of  men  and  money  and  means,  were  voted  with 
preat  unanimity  by  the  two  Houses  of  Conjiress.  The  President 
then  devised  his  plans  for  carrying  on  this  war  ;  and  these  plans 
have  been  faithfully  and  brilliantly  executed.  And  what  have  been 
the  results?  in  less  than  two  years,  without  any  previous  prepar- 
ations for  such  results,  the  President  ha.s  overthrown  and  subdued 
nearly  the  whole  of  Mexico — a  country  nearly  as  larjie  as  our  own, 
and  containing  a  population  of  about  seven  millions  of  inhabitants. 
If  such  glorious  results  as  these,  which  have  marked  and  distin- 
guished the  prosecution  of  this  war,  are  not  conclnsive  as  to  the 
skill  and  energy  with  which  it  has  been  conducted  by  the  adminis- 
tration, I  shall  be  justified  in  saying  that  our  opponents  are  very 
unreasonable,  and  very  hard  to  please.  Under  what  circumstan- 
ces have  those  results  been  achieved?  They  have  been  achieved 
in  spite  of  the  opposition  party  in  this  country,  who,  from  the  be- 
ginnin<i  to  this  day,  have  endeavored  to  embarrass  the  Executive, 
by  rendering  this  war  odious  and  unpopular.  At  the  very  time 
that  this  war  was  declared — though  voting  for  it,  and  every  meas- 
ure connected  with  it — we  find  it  denounced  by  the  opposition,  as 
unnecessary  and  unconstitutional.  They  indicated  (as  the  debates 
at  that  time  will  show)  their  purpose,  at  some  fu'ure  period, 
more  suitable,  in  their  judgment,  for  such  a  proceeding,  than  at 
that  time,  to  bring  the  President  to  an  account  for  his  sins,  in 
bringing  this  unnecessary  and  unconstitutional  war  upon  the 
country. 

The  President  has  achieved  these  results  in  spite  of  these  impu- 
tations, anl  in  spite  of  these  appeals  to  party,  to  fanaticism  and 
bigotry  and  sectional  jealousies.  He  has  achieved  them  in  spite  of 
the  terrors  held  up  to  our  countrvmen  in  the  form  of  the  fatal  dis- 
eases of  the  Mexican  climate — her  deserts  and  her  mountains  and 
her  invincible  Spanish  blood.  The  predictions  of  their  prophets, 
(and  what  nation  in  time  of  war  has  ever  been  without  them.)  of 
ruin  to  our  treasmy.  and  bankruptcy  to  the  whole  country,  and  of 
having,  after  the  first  or  second  campaign,  a  foreign  war  upon  our 
hands,  without  an  army  in  the  field  or  money  in  the  treasury; 
these  predictions  have  not  been  obstacles  of  sufficient  magnitude  to 
interrupt  materially,  or  to  prevent,  our  glorious  successes.  Such  op- 
position, formidable  only  to  weaker  minds,  has  not  deterred  our  Ex- 
ecutive from  the  vigorous  prosecution  of  this  war.  His  triumphs 
have  astounded  the  opposition,  and  surpasseii  the  expectations  of  his 
own  friends.  Ever  regretting  the  existence  of  this  >var,  and  desirous 
at  all  times  to  close  it  on  honorable  terms,  he  asked  for  an  appropri- 
ation of  three  millions  of  dollars,  at  the  last  session,  to  enable  him  to 
terminate  it;  and  on  that  occasion,  the  opposition,  tliouijh  clamoring 
for  peace,  refused,  in  a  body,  to  vote  for  it.  The  cry  then  was,  ''will 
you  buy  your  peace  of  Mexico?'"  In  short,  the  opposition  denoun- 
ced the  war — they  threw  obstacles  in  the  way  of  its  prosecution  by 
endeavoring  to  render  it  odious;  and  when  money,  and  not  bullets 
is  asked,  as  a  peace  measure,  that,  in  its  turn,  is  denounced.  Whtit 
shall  we  do?  What  can  be  tlone  that  can  and  will  satisfy  ot.r 
friends  over  the  way? 

Mr.  President,  the  last  and  chief  point,  which  I  propose  to  no- 
tice, is  the  ulterior  objects  of  this  war.  The  ulterior  objects  of 
this  war.  arc  to  obtain  a  speedy  and  permanent  peace,  upon  just 
and  honorable  teims.  These  terms  are  the  full  pavment  of  the 
claims  of  our  citizens  against  Mexico,  and  a  reasonable  indemnity, 
for  the  expenses  and  sacrifices  which  this  war  has  cost  us.  This 
demand  is  expected  in  the  shape  of  territory.  At  the  last  session 
of  Congress,  I  was  authorizcti  to  state,  and  did  state,  what  terri- 
tory was  regarded  as  of  sufficient  value  to  satisfy  our  demands, 
and  that  that  territory  was  New  Mexico  and  Upper  California. 
This  statement,  it  will  be  recollected,  was  made  before  the  battle 
of  Buenu  Vista,  and  before  the  fall  of  Vera  Cruz,  and  her  cele- 
brated Castle.  These  terms,  our  agent.  Mr.  Trist.  was  authorized 
to  propose,  before  our  aimv  marched  from  Vera  Cruz.  After  that 
agent  had  received  his  instructions,  our  army  fought  its  way  to  the 
very  gates  of  the  city  of  Mexico,  and  there,  on  the"  eve  of  the  en- 
trance of  our  victorious  army  into  that  city,  an  armistice  was  en- 
tered into,  for  the  purpose  of  saving  the  further  effusion  of  blood, 
by  a  tretity.  Notwithstanding  the  favorable  change  in  the  posture 
of  our  afi'airs  in  that  country,  after  tfie  instructions  had  been  given 
to  Mr.  Trist  ;  notwithstanding  tlie  many  successful,  but  bloody 
battles  our  army  had  fought,  after  Mr.  Trist  had  received  his  in- 
structions— the  many  cities,  and  castles,  and  fortifications,  the 
arms  and  munitions  of  war,  belonging  to  the  enemy,  which  our 
army  had  taken,  subsequent,  to  lho.se  instructions — the  rout,  or 
capl:ure,  or  slaughter  of  her  armies,  and  her  capittj  within  our 
reach — notwilhsttuiding  all  these  favorable  changes,  which  occur 
red  after  Mr.  Trist  had  received  his  instructions,  on  our  afTairs  in 
that  country — changes  that  would  have  well  justified  the  United 
States  in  exacting  terms,  more  onerous  upon  Mexico;  we  find  Mr. 
Trist,  our  agent,  offering  to  receive  of  Mexico — Upper  California. 
and  New  Mexico,  of  both  of  which  were  then  in  possession,  and 
as  concpierors.  had  the  unquestionaldc  right  to  liold  or  dispose  of. 
These  provinces  were  not  only  satisfactory,  but  were  regarded  as 
more  than  satisfactory;  for  our  agent  proposed  to  give  for  them,  in 
addition  t*  our  demand,  important  moiiied  considerations,  besides 
restoring  to  her,  all  the  residue  of  our  contiuests  in  that  country. 
These  terms,  too  liberal  in  the  estimation  ol'  many,  were  rejected 
by  Mexico.  The  armistincc  was  then  terminated,  the  capital 
taken — and  her  army  and  government  driven  from  it.  These  oc- 
curences having  been  eonimunicated  to  our  governmont,  Mr.  Trist, 
our  agent,  was  recalled  by  a  letter  from  the  Department  of  State, 
on  the  Gih  of  October,  1S47.  And  that  recall  was  reiterated  on 
the  25th  of  October,  and  the  reci'iiit  of  that  first  letter  of  recall,  is 
acknowledged  by  Ml.  Trist,  in  a  lollor  of  llio  date  of  iho  27th  of 


November,  1847.  Since  the  recall  of  Mr.  Trist.  there  has  been 
no  one  in  Mexico,  authorized  by  the  government  of  the  United 
States,  to  make  a  treaty  with  ftlexico.  But  it  is  well  known  in 
Mexico,  that  the  President  is  willing,  and  is  really  anxious  to 
make  a  treaty  with  her  If  the  terms  offered  by  Mr.  Trist,  had 
been  accepted  by  Mexico,  that  treaty  would  have  had  the  sanction 
of  the  President.  These  terms,  now,  with  probably  a  .slight  modifi- 
cation as  tohoundarv,  and  the  withdrawal,  in  whole  or  in  part,  of  the 
monied  considerations,  would  be  approved  by  the  President.  The 
President  never  did  desire,  and  does  not  nowdesire  the  whole  of  Mex- 
co,  or  the  extinction  of  her  nationality,  or  the  incorporation  of  it, 
as  states  or  provinces,  into  this  union.  No  such  policy  ever  found 
favor  with  him.  His  messages,  and  all  his  acts,  connected  with 
Mexican  affairs,  furnish  abundant  proof,  that  he  never  contem- 
plated or  desired  any  such  results.  The  President,  in  my  judg- 
ment, more  than  any  other  man  America,  desired  to  avoid  this 
war;  and  that  ollicer,  more,  probably,  than  any  other  man  in  Ame- 
rica, has  ever  been  most  desirous  of  terminating  it,  speedily  and 
honorably.  With  this  conviction  upon  my  mind,  I  was  not  pre- 
pared to  hear  the  Senator,  from  Tennesse,  (Mr.  Bell,)  assert 
that  the  President  did  not  desire  a  peace  with  Mexico,  and  that 
the  President  desired  to  conquer  and  hold  the  whole  of  Mexico. 

Sir,  when  that  Senator,  (Mr.  Bell,)  stated  that  the  President 
did  not  desire  a  peace  with  Mexico,  I  really  supposed  he  was  in- 
dulsing  in  a  little  harmonious  irony — in  a  little  pleasantry  of  wit, 
which  he  intended  as  a  gentle  reproof  of  the  President  for  the  ea- 
gerness he  had  ever  manifested  to  make  a  treaty  with  Mexico,  (an 
eagerness  which  many  thought  rather  too  beseeching,  and  a  little 
unbecoming.)  and  with  this  impri'ssion  on  my  mind,  contrasted 
with  his  grave  demeanor,  I  was  about  to  conclude  that  he  was  one 
of  the  most  magnificent  jokers  of  the  age.  But  this  illusion  did 
not  long  continue.  I  soon  found  my  ft  lend  preparing  very  elo- 
quently and  very  seriously,  to  prove,  and  that  loo  by  the  Presi- 
dent's message,  that  the  President  did  not  desire  a  peace  with 
Mexico — and  with  such  force  and  earnestness  did  he  press  this 
matter,  that  I  really  began  to  doubt  the  correctness  of^  my  own 
opinions  upon  the  subject.  I  began  to  think  I  had  not  read  the 
President's  message  understandingly,  and  that  I  had  not  correctly 
comprehended  the  purport  of  the  many  conversations  I  ha;d  had 
with  him  and  the  members  of  his  cabinet  upon  this  subject.  These 
doubts,  however,  like  my  illusion  at  first,  were  but  momentary. 
The  President,  the  Senator  says,  is  not  anxious  to  make  a  peace 
wiht  Mexico. 

Mr.  BELT.,  explained  that  he  had  stated  that  the  President  was 
not  anxious  to  make  a  treaty,  unless  he  could  so  make  it  as  to  ob- 
tain security  for  the  future. 

Mr.  CASS  asked  on  what  authority  the  Senator  from  Tennes- 
see stated  that  it  was  a  security  against  the  interference  of  foreign 
nations. 

Mr.  BELL  replied,  that  it  was  a  deduction  from  the  policy 
which  had  been  pursued,  and  the  arguments  by  which  it  was  de- 
fended here.  He  protested  against  lieing  represented  as  saying 
the  President  was  not  anxious  to  make  a  peace — he  ought  to  be — 
but  that  he  would  not  make  a  peace  which  did  not  offer  security 
for  the  future. 

Mr.  SEVIER. — ^Sir,  the  President  wants  a  peace  with  Mexico — 
a  speedy  and  permanent  peace.  He  would  not  make  a  treaty  with  a 
man  of  straw — irresponsible  and  not  at  the  head  of  ihat  government; 
but  would  sign  a  treaty  to-morrow,  or  to-day,  with  H  rrera  and  the 
congress  at  Queretaro,  if  that  treaty  gave  the  satisfactory  conces- 
sions. But,  '•  indemnity  for  the  past  and  security  for  the  future !" 
What  he  means  by  security  for  the  future,  is  a  treaty  with  a  gov- 
ernment sufficiently  stable  and  permanent  to  make  a  treaty,  and 
to  close  it  and  sign  it  on  parchment — a  treaty  that  will  be  reeog. 
nized  as  such  in  the  eyes  ot'  the  world.  If  the  President  can  make 
a  treaty  with  a  government  as  stable  as  that  of  Herrera,  or  Pare- 
des,  or  Santa  Anna,  or  the  present  government,  whether  they  be 
governments  de  jure  or  de  facto,  he  will  make  it.  and  hold  that 
country  responsible  for  its  fulfilment.  But  "  indemnity  tor  the 
past  and  security  for  the  future,"  is  an  expression  in  the  message 
of  the  President  that  seems  to  be  unpalatable  to  the  Senator  from 
Tennessee.  If  we  all  did  not  know  that  the  President  was  inca- 
pable of  it,  we  might  suppose  he  had  plagiarized  the  expression 
from  Mr.  Clay.  When  the  opponents  of  the  last  war  were  pres- 
sing that  gentleman  for  a  declaration  of  the  objects  of  Mr.  Kiadi- 
son's  war,  that  gentleman  replied,  the  objects  were  '"  indemnity 
for  the  piist  and  security  for  the  future."  iThe  avowal  was  unsatis- 
factory Jit  that  day  as  it  appears  to  be  in  this. 

The  Presiilcnt  endeavored,  in  December,  lS4U,to  make  a  treaty 
with  Herrera,  in  the  midst  of  a  revolution  in  that  countiy,  and  only 
a  few  days  before  Hcrrora  was  overtfirown.  He  endeavored  to 
mtikc  a  treaty  with  Paredes,  a  military  usurper,  claiming  only  to 
exercise  the  functions  of  President  ad  iuicrim;  and  when  bis  down- 
fall was  threatened,  and  which,  in  a  few  months  afterwards,  was 
consummated — he  endeavored,  through  his  agent,  Mr.  Trist,  to 
make  a  treaty  with  Santa  Anna,  the  Dictator  of  that  country,  and 
but  a  few  weeks  only  preceding  his  downfall.  Ho  has  since,  pub- 
licly avowed  in  his  message,  liis  willingness  and  hearty  desire  to 
make  a  treaty  with  Mexico,  at  any  future  time.  Sir,  the  President 
wants  a  peace  with  that  country — his  objects  are  peace,  and  all  of 
his  measures  are  recommended  to  get  peace.  There  have  been 
many  rumors,  in  this  city  and    through  the  country,  that  this  de- 


Febhuary  4.] 


THE  TEN  REGIMENT  BILL3 


225 


«ired  object  of  us  all— that  is,  peace  with  Mexico — has  been  nb- 
taineil  by  General  Scott  and  Mr.  Trial.  It  scorns  to  inc  thtit  the 
Senator  seems  to  speak  knnwinf;ly  upon  the  subject,  and  that  he 
wants  those  on  this  side  of  the  chaudier  to  commit  themselves,  lor 
or  airainst  it,  before  they  see  or  know  any  thin^r  about  it. 

Mr.  BELL  disclaimed  any  such  objcit. 

Mr.  SEV'IER  said  he  was  ^lad  to  hear  the  disclaimer.  But 
these  rumors  hail  been  so  prevalent,  and  as  there  seemed  to  have 
been  some  confidence  attached  to  these  rimiors  id"  peace, he  intended 
to  ask  the  Senator  whether  he  had  received  inlornialion  that  Scoti 
or  Trist,  without  the  sanction  of  the  government,  which  neither  of 
them  had,  had  nuuh'  a  treaty,  or  were  about  to  make  a  treaty,  or 
not.  I  have  been  about  in  the  city  a  frood  deal,  among  gentlemen 
of  both  parties,  and  have  heard  rumors  of  a  treaty  in  every  direc- 
tion, and  ciucMJons  have  been  asked  of  me,  if  I  did  not  know  that 
the  news  of  the  treaty  had  arrived,  by  telegraph,  from  J'etcrsburg, 
or  New  York,  and  again  that  the  treaty  was  in  the  city,  and  that 
thn  messenger  that  brought  it  was  here  ;  and  lliercforc  it  was, 
that  when  I  heard  the  Senatcpr  so  repeatedly  asking  us  if  we  woiilil 
accept  a  treatv,  ceding  us  California  and  -New  Mexico,  that  I  sup. 
posed  he  might  have,  what  the  government  had  Hot,  a  copy  of  the 
treaty  in  his  pocket. 

Mr.  BELL. — -Do  vou  know  anything  about  such  a  treaty  ? 

Mr.  SEVIER. — No,  sir.  I  know  nothing  about  a  treaty  ;  hut 
it  did  appear,  sir,  as  if  the  Senator  bad  been  informed  of  a  treatv, 
and  that  he  was  trying  to  force  us  to  commit  oiu'selvcs — to  go  it 
blind — whether  we  were  for  it  or  against  it. 

Mr.  BELL  disavowed  any  .such  intention.  What  he  wanted  to 
know  was,  whether  the  administration  regarded  the  existing  gov- 
ernment of  Mexico  as  com  potent  to  give  security  for  the  future  1 

Mr.  SEVIER. — That  cpicstion,  sir,  I  have  answered  already. 
That  the  government  would,  if  it  could,  make  a  treaty  witJi  the 
present  government  in  Mexico.  And  as  we  have  had  |)iopliefs  on 
the  other  side,  I  will  now  beg  to  turn  projilict  myself.  I  pni|)liecy 
that  when  a  treaty  is  made,  if  it  ever  be  made,  that  that  treaty 
will  be  decidedly  opposed  by  the  gentlemen  on  the  other  side. 
They  will  oppose  it,  as  being  too  liberal  or  too  rigid  to  Mexico — it 
will  have  in  it  too  little  or  too  nuich  for  their  approbation.  1  hope 
I  may  he  mistaken  in  this  prnpheity — put  down  the  prophecy  in 
your  memorandum  books,  and  when  the  day  shall  come,  when  we 
•ihall  have  sui.di  a  treaty  to  dis]iose  of,  it  will  he  seen  whether  I 
have  prophecied  truly  ny  not. 

Sir,  the  President  will  be  satisfied  with  a  treaty  providing  for 
the  payment  of  our  claims,  and  for  an  indemnity  for  the  expenses 
and  sacrifices  which  the  war  has  cost  us.  Upper  California  and 
New  Mexico  were  regarded  as  .sulficient  for  all  of  our  demands 
against  Mexico  Something  more  may  or  may  not  now  be  reipii- 
red.  Tampieo  and  the  mountains  of  Sierra  Madrc,  without  other 
equivalents  than  our  demands,  with,  probably,  the  security  of  some 
commercial  privileges,  may  be  required  now.  It  is  not  to  be  ex- 
pected that  the  precise  terms  of  a  contemplated  treaty  before  it 
is  made,  can  with  propriety  be  made  public. 

Sir.  the  President  never  dreamed,  at  any  time,  that  anyone  ever 
thought  that  his  object,  heretofore  or  now,  was  the  extinction  of 
the  nationality  of  jVIexico.  I  never  heard,  sir,  from  any  respecta- 
ble .source,  until  the  Senator  from  South  Carolina,  (Mr.  Cal- 
houn.) introduced  his  resolutions  upon  that  subject,  that  the  Pre- 
sident ever  had  or  could  have  any  such  scheme  in  view.  The 
Senator  from  Tennessee  assumes,  in  the  face  of  the  President's 
message,  that  such  arc  the  designs  of  the  President,  and  upon  that 
assumption  be  bases  his  opposition  to  the  ten  regiment  bill.  Sir, 
my  honorable  friend  described  to  us  with  great  force  and  much  appa- 
rent feeling,  the  cruelty  and  tyranny  of  the  lash  of  party,  and  in  the 
same  connection  ho  told  us.  that  he  came  here  this  wintei ,  pre- 
pared to  vote  for  any  reasonable  amount  of  men  and  money,  to 
earry  on  this  war  successfully.  When  I  put  these  statements  to- 
gether, the  party  lash,  of  which  he  so  justly  and  liittcrly  complain- 
ed, and  the  change,  which  he  confessed  had  been  made,  in  his 
original,  generous  intentions  towards  the  administration,  upon  the 
subject  of  this  war,  and  that  of  opposition  to  the  bill  before  us,  I 
could  but  think  that  the  party  lash,  had  been  but  too  successfully 
applied  to  him.  He  found  on  his  arrival  here,  that  many  of  his 
party  were  not  up  to  his  original  mark — that  some  of  them  were 
so  far  below  it,  as  to  he  advocates  of  the  policv  to  bring  back  our 
.irmy.  the  quickest,  and  .shortest,  and  cheapest  w.ay,  without 
peace,  or  indemnity,  or  the  payment  of  the  claims  of  our  citizens. 
I  could  but  think,  that  the  rigor  of  party  discipline,  ag.ainst  his 
better  will  and  judgment,  had  forced  him  to  abandon  his  origi- 
nal position,  and  to  go  over  to  the  platform,  prepared  for  him  by 
the  Senators  from  Oliio,  (Mr.  Cokwin.)  and  Ne^-  Hampshire", 
(Mr.  Hale.)  Forced  into  this  new  position.  I  thought  that  he  con- 
sidered it  necessary,  to  assign  some  reason  for  this  change,  and 
that  reason  he  found,  in  the  position  he  assumes,  that  it  is  the 
design  of  the  President,  to  seize  and  hold  the  whole  of  Mexico. 
Sir,  thai  sin.  of  which  the  Senator  spuke.  in  the  poetic  language 
of  Pope,  that  at  (irst  was  repulsive,  then  tolerated,  and  then  em- 
braced was  a  description  1  thought  fully  applicable  to  his  transitions, 
in  reference  to  his  change  of  policy  upon  the  subject  of  this  war, 
and  the  substitution  of  an  opposite  policy. 

Sir,  the  Senator  from  Tennessee,  desil-es  to  drive  us,  it  would 
30th  Cong. — lei  Session; — No.  29. 


appear,  to  the  issue  of  calling  the  army  back,  the  cheapest  and 
.shortest  vv.ay,  or  to  take  the  whole  of  Mexico.  He  has  made  this 
is.sue.  We  have  not  made  it.  We  take  the  issue  of  a  prosecution 
of  this  war  until  wo  force  a  peace,  predicated  upon  the  terms  of 
paying  the  claims  of  our  citizens  and  of  indenmifying  the  coun- 
try to  some  extent  liir  the  cxpen.scs  of  this  war;  or  tho  with- 
drawal of  our  armv.  withtJUt  peace,  or  indemnity,  or  the  pay- 
ment of  those  claims.  This  is  the  true  issue.  But,  sir,  ths  Sena- 
tor from  Tennessc  is  an  able  and  an  adroit  man. 

Mr.  BELL. — I  do  not  take  that  as  a  compliment. 

Mr.  SEVIER.— Well  then,  sir,  I  will  take  it  hack.  Bui  1  will 
say,  that  from  his  iireat  abilities,  and  talents,  and  iuHuence  \n 
Tennessee,  and  from  the  issues  he  made  u]i  I'm-  the  people  of  that 
State  Jo  decide,  th.it  he  produced  a  revolution  in  public  sontimonl 
in  that  Stale,  and  took  it  from  the  democratic  party.  He  came  here 
with  a  high  reputation  for  bis  powers  of  mind,  which  led  us  to  ex- 
jicct,  what  we  know  now  by  experience.  Now,  sir,  he  would 
make  an  issue  for  us  of  the  whole  of  Mexico,  or  the  line  of  the 
Kio  Granilc  or  the  Xueees.  This  is  his  own  issue — not  tun's.  Yet 
this  is  the  issue  he  argues.  He  assumes  that  it  is  the  policy  of  the 
administration  to  take  the  whole  of  Mexico;  and  .so  regarding  it, 
he  gives  us  his  views  at  great  length,  most  eloijucntly  and  powei- 
liilly  against  such  a  measure.  To  prove  that  that  is  the  object  ol 
the  administration,  he  refers  to  the  abolition  of  the  transit  ilutie> 
in  Mexico,  in  which  he  sees  an  ellbrt  on  the  part  of  the  United 
States  to  conciliate  tiie  peo)5le  of  Mexico.  I  suppose  the  .Senator 
refers  to  the  order  from  the  Treasury  Department  to  Gen.  Scott. 
That  order  was  given  for  no  such  purpose.  It  was  Ibund  impossi- 
ble to  collect  theso  transit  duties  with  our  machinery  in  a  country 
like  Mexico.  They  were,  therefore,  abolished;  and  in  lieu  of  tho.-s 
duties,  the  diflcnuit  departments  of  Mexico  were  reijuirf  d  by  Gen. 
Scott  to  furnish  him  a  gross  amount,  at  stated  periods,  whicdi  has 
been  done.  The  revenues  thus  collected  exceed,  according  to  tha 
statement  ol' Geu.  ScoTt,  four-fold  the  amount  that  was  received 
under  the  system  that  he  abolished.  Does  the  Senatiu'  call  thi-^ 
electioneering,  or  an  effort  on  the  part  ol  the  United  States  to  con- 
ciliate the  people  of  Miixico?  Thinking  that  this  evidence  proves  tho 
truth  of  his  assumption,  that  the  administration  desires  the  subju- 
gation of  all  Mexico,  he  then  proceeds  to  enumerate  with  great 
force  and  skill  the  objections  which  he  sees  in  such  a  measure.  Now, 
sir,  if  we  shall  be  drawn  to  such  an  issue  by  the  embarrassments 
flung  in  the  way  of  our  government  at  home,  and  by  the  encour- 
agement which  such  opposition  gives  to  the  people  of  Mexico, 
whieli  issue  is  to  retreat  ingloiituisly  from  that  country,  leaving  an 
exasperated  ami  perpetual,  and  probably  a  pursuing  cnemv  be- 
hind us,  without  peace  or  indemnity,  or  the  payment  of  tho  claims 
of  our  citizens;  or  to  take  the  whole  of  Mexico,  whatever  may  bo 
the  consequences.  I  for  one,  am  ready  to  say,  march  on.  In  such 
a  chain  of  evils,  I  am  ready  to  say  that,  sir,  although,  against  tho 
conquest  of  Mexico,  and  against  any  more  than  a  reasonable  ces- 
sion of  territory,  if  we  are  to  take  the  issue  proposed  by  the  Sena- 
tor from  Tennessee.  I  will  go  for  the  whole  of  Mexico,  with  all 
the  objections  attending  it,  and  there  are  many,  which  are  great. 
but ,  in  my  judgment,  not  entirely  insurmoantablc.  What  are  they ; 
The  Senator  enumerates  them.  The  population  of  that  country  is 
one,  and  the  extent  of  the  couutry  is  the  other. 

The  population  of  that  country  is  about  .seven  millions — of  this 
number  three-fourths  are  Indians,  illiterate,  docile,  passive,  in- 
ofVcnsive.  never  tiesiriug  and  never  exercising  any  of  the  privil- 
eges of  citizens — never  voting,  or  taking  any  part  in  elections  in 
that  country,  or  in  its  revolution.s.  The.se  Indians  are  of  dil- 
ferent  tribes,  and  each  of  them  speaks,  as  the  Senator  inform.s 
us,  a  difTerent  language  from  the  others.  What  shall  we  do  with 
these  Indians  ?  Will  we  allow  them  to  vote,  or  to  be  represent- 
ed. I  would  do  neither;  I  would  treat  them  as  we  do  our  own  In- 
dians, give  them  agents  aud  laws  and  kindness  and  education. — 
They  are  a  degraded  race  in  Mexico — they  could  be  made  less  so 
under  our  administration.  The  Senator  from  Tennessee  is  aware 
of  this.  Some  eighteen  or  twenty  years  ago,  that  Senator  intro- 
duced and  passed  a  bill  to  remove  all  the  Indian  tribes  from  out  of 
the  States  in  which  they  resided,  and  in  which  they  never  voted, 
nor  were  they  ever  represented,  to  a  country  set  apart  for  them 
west  of  Missouri  and  Arkansas.  There  are  those  tribes,  now, 
twenty  odd  of  them,  speaking  as  many  languages,  all  improving 
and  happy — so  much  so,  that  on  two  occasions  a  bill  passed  the 
Senate,  with  but  few  dissenting  voices,  to  organize  those  tribes 
into  a  territory,  preparatory  to  admitting  them  into  this  confeder- 
acy. We  can  get  along  with  those  Indians  with  as  little  trouble 
as  we  do  with  our  own.  They  are  less  warlike,  less  enlightened 
or  energetic.  What  shall  we  do  with  the  other  fourth  of  the  po- 
pulation of  Mexico,  which  consists  of  pure  blood,  and  half  breeds 
of  Indian  and  European  blood.  To  this  class  I  would  applv 
the  principles  of  our  naturilzalion  laws,  and  the  oath  of  alle- 
giance. I  would  treat  them  with  kindness,  respect  and  protect 
them  in  the  enjoyment  of  their  property  and  religion,  and  ulf- 
mately  make  them,  as  we  do  all  naturlizcd  foreigners,  upon  an 
cqcialit}'  with  native  born  citizens.  But  the  Senator  says  this  cannot 
he  done.  They  have  in  their  veigs  the  blood  of  the  Visegoths  and 
Celtibereans  a  race  of  people  that  was  never  heard  to  groan.  In  this 
poetic  description  I  of  course  have  no  confidence.  If  they  sulTer,  they 
will  sigh,  whatever  jiarty  may  say  to  tlie  contrary.  He  says  they 
will  never  become  reconciled  to  us,  and  will  assassinate  upon  eve- 
ry opportunity.  I  do  not  believe  in  irreeoneilation  for  General,  and 
not  private  griefs,  and  particularly   for  benefits  conferred.      If: 


THE  TEN  REGIMENT  BILL. 


[Friday, 


•ffiiVevei",  they  will  stab  anil  assass!natt>,  tliore  is  a  remedy  in  tbis 
(^UOtry  I'lir  such  abuses,  and  that  remedy  <>,-o-.vs  in  Kentuclty  and 
Missonri.  which  is  vuls;arly  called  '■Hemp."  But  these  people 
are  Catholics — and  so  they  are.  Are  Cmliolics  oppo.«ed  to  our  insi  i- 
lutions.  ui  tins  or  riiat  cnuntrv  ?  in  this  country  we  have  not  found 
it  so.  We  iiave  had  Catholics  in  our  servioe,at  the  head  of  our  armies, 
in  our  Cabinet,  and  on  the  Supremo  Court  bench.  From  Mexico, 
the  Catholics— for  tlieyareall  Catholics— have  expelled  Monar- 
chy, and  have  copied  our  constitution  for  tlieir  lorm  ol  go- 
vernment. I  would  extend  to  Mexico,  as  we  have  in  this  coun- 
try, unreserved  toleration  in  religious  faith.  That  would  be  my 
remedy. 

But  the  conntry  is  a  larfjc  one,  and  if  added  to  this,  would  de- 
stroy both.  That  is  only  an  opinion.  Kvery  extension  of  territory 
thus  far,  has  sTenythi-ni-d  rather  than  weakened  it.  The  whigs 
have  ever  opposed  the  extension  of  lerritory — it  has  been  thgr  des- 
tiny — ;ind  always  upon  the  ground  that  it  v.ould  endanger  our  lib- 
erties. The  only  instances  of  dsiurbances  in  the  States  have  been 
confined  to'the  old  ones.and  in  those  near  the  centre.  We  have  had  a 
eonvention'of  m  Icontents  at  ll.irtford,  Connecticut — a  whiskey  in- 
surreciion  in  Pennsylvania,  under  the  auspieet,  I  believe,  of  Albert 
Gallatin,  andsome  dissatisfaction  in  South  (Jarolina,  growing  out  of 
our  revenue  laws.  These,  I  believe,  were  all.  Let  ns  have  something 
else  I  lian  speculation  upon  this  subject.  But  if  this  country  is  to  ho 
added,  he  tells  us  we  are  to  have  a  standing  army  to  keep  the  people 
quiet,  and  lo  protect  it.  A  smalLpcace  eslabli^hraent  and  our  navy 
would  be  sufficient  for  both  these  purposes.  Will  the  people  of  Yuca- 
tan, or  Honduras,  or  New  Grenada  ever  invade  it  ?  It 
is  hardly  probable.  But  the  debts  which  Mexico  owes 
abroad,  and  to  the  church,  would  you  jiay  those  debts  ? 
inquires  ihe  Senator.  I  answer,  yes  ;  and  with  the  reve. 
nues  of  Mexico — which,  under  the  operation  of  our  finance 
laws,  would  easily  and  speedily  be  done.  But  the  annexation  of 
Mexico  would  greatly  increase  the  patromce  of  the  Executive, 
by  the  appointment  of  judges,  marshals,  .and  district  attornies, 
and  governors,  &c  ;  and  such  patronage  would  cost  us  a 
great  deal,  and  make  the  President  dangerous  from  his  increas- 
ed power.  Sir,  the  cost  would  be  paid  from  the  revenues  of  the 
country — and  as  for  patronage,  it  is  the  oldest,  the  most  popu- 
lar, and  has  really  the  least  in  it,  of  all  the  fears  which  ever 
beset  our  people.  Instead  of  strengthening,  it  weakens  the 
President.  He  has  geiierallv  many  applicants  for  office — he 
can  i>ive  it  lo  but  one.  He  that  receives  it  is  no  more 
a  friend  to  the  President  than  he  was  before;  and  those  who  want, 
cd  ihe  office  and  do  not  gel  it,  are  often  made  enemies  of  the  Pres. 
ident,  on  account  of  the  disappointment.  The  man  he  appoinis, 
though  probiibly  influential  before,  loses  his  inllucnce,  by  tlie  very 
fact  that  his  iiioiives  are  always  suspected.  No  man  who  has  ever 
had  patronage  desires  it.  I  have  fell  this  myself.  I  represent 
n  people  who  genera  ly  lare  but  liitle  about  office;  yel  it  has  hap- 
pened that  for  a  v.icant  office  there  were  more  than  one  applica. 
tion,  and  the  most  painful  of  all  my  dunes  lu-re  has  ever  been  to 
choose  between  my  friends.  The  Senator  from  Tennessee  was  once 
in  the  War  Deparlnient.  as  ihe  Senator  from  North  Carolina  (Mr. 
Bapoeh)  was  once  in  the  Navy  Department.  They  have  had 
some  experience  upon  this  subject  of  patronage.  Do  tlicv  not  well 
remember  how  much  they  were  annoyed  by  it.  How  difficult  it 
was  lor  them  to  see  genilemen  on  business,  on  account  of  the 
hordes  of  olliee  s  ekeis  that  surrounded  them.  Would  not  those 
genilemen  have  been  highly  graiified  il  ihev  could  have  been  re- 
iievixl  of  all  this  trouble.  Yes.  sir,  this  cry  of  pationage,  desiirned 
tocrete  aje;i.lonsy  of  Executive  power,  was  in  full  blast  when  I 
came  here  many  years  ago — and  being  then  a  very  youn"-  man,  I 
was  green  enough  to  believe  there  was  somethingin  it.  This  cry 
has  been  in  full  blast  ever  since,  and  will  be  in  lull  blast  when  I 
am  d  ad  and  gone.  If  you  want  to  strengthen  your  Execulive,de. 
prive  him  of  ])atroiiage  aliogether — if  you  would  serve  ihe  country, 
alTord  as  few  occasii  ns  for  its  exercise  as  possible. 

These,  sir,  are  some  of  the  prominent  objections  urged  by  the 
Senator,  against  the  incorporaiion  of  all  Mexico  into  ibis  union. 
And  t'l  render  this  measure  still  more  odious,  he  imputes  to  the 
Piesidenl,  and  to  the  army,  and  to  tho.sc  who  sustain  both,  the 
base  and  iiinol.le  purposes  of  currying  on  the  war,  for  "  gold' and 
glory."  Sir,  I  have  endeavored  to  show  that  this  war  was  inevi- 
table on  our  part,  and  that  it  is  prosecuted  from  the  same  inevita- 
ble necessity.  The  Senator  compared  this  war  upon  Mexico  to 
that  of  Cortez,  under  Spanish  authority,  which  he  said  was  a  war 
for  gold  and  glory. 

Mr.  BELL  disclaimed  having  made  any  such  statement. 

Mr.  SEVIER  said  this  gold  and  glorv  had  been  flung  in  for 
some  enuso  winch  he  did  not  understand.  It  it  was  not  intended 
to  he  nlledged  that  this  war  was  for  some  such  cause,  whv  was  it 
introduced  ?  ' 

Mr.  BELL  hoped  the  Senator  woidd  excuse  him  for  iulcrrnpt 
Ing  him.  but  he  had  said  nothing  as  to  the  object  of  this  war  bein<T 
for  gohl  and  glory.  But  had  said  that,  between  the  commcnei" 
mont  of  the  war  and  the  present  time,  perhaps  some  motive  may 
have  crept  in  which  we  did  not  lft;ow  of  exai-tly,  and  which  mieli't 
govern  others  in  voting  for  a  further  prosecution  of  the  war.       ' 

Mr.  SEVIER— Well,  sir,  why  did  he  say  that  gold  and 
glory  was  the  cause  of  the  war  of  Cortez,  unlesB  he  "meant  to 
charge  upon  the  officers  and  luon  engaged  in  this  war  the  same 
unholy  ends  and  purposes  which  ho  says  governed  Cortcz  and  his 


companions.  If  the  Senator  from  Tennessee  says  the  party  hero, 
or  the  administration,  or  its  friends  upon  this  floor,  who  vote  for 
this  bill,  and  for  a  further  prosecution  of  this  war,  are  governed 
by  any  such  desire  of  gold  and  glory,  he  says  that  which  he  cannot 
sustain,  and  which  is  not  true.  The  administration  are  guilt- 
less of  such  motives  ;  the  act  of  Trist,  the  act  of  Slidcll,  the  acts 
of  our  Generals  in  Mexico,  plainly  show  that  such  are  not  the 
sentiments  of  this  party  and  this  administration.  The  Senator 
also  ursed  as  an  additional  reason  which  would  render  the  acqui- 
sition of  Mexico  unpopular — the  removal  of  the  capitol  from  its 
present  location;  a  necessary  consequence,  he  affirmed,  of  the 
adoption  of  this  measure.  I  hope  it  wdl  not  be  done  durin" 
my  tiine.  I  have  learned  the  way  here,  and  desire  to  travel  no 
new  runds,  to  any  new  capitol  of  the  United  States.  I  am  con- 
tent to  let  it  remain  where  it  is.  Yet,  I  can  tell  that  Senator, 
that  the  time  may  come,  although  he  and  I  may  not  live  to  see  it, 
when  'his  capitol  may  be  moved,  whether  Mexico  is  annexed  or 
not.  This  is  a  work  which  our  successors  may,  or  may  not  ac- 
complish. These  are  the  reasons,  all  based  upon  the  assumed 
fact,  that  the  subjugation  and  annexation  of  all  Mexico  is  the  ob- 
ject of  the  administration,  upon  that  assumption  the  Senator  justifies 
his  opposition  to  the  bill  now  before  us. These  are  the  facts  wbich  are 
to  justify  him  in  voting  against  supplies  and  reinforcements  to  our 
gallant  army  in  Mexico.  It  seems  tu  be  a  surt  ol  whig  destiny,  in 
time  of  war  to  vote  against  supplies  and  reinforcements  to  the  ar- 
iny  of  our  country.  1  understand  that  the  Senator,  and  the  party 
with  whom  he  acts,  will  not  vote  a  dollar  for  supplies  or  rein- 
forcements of  any  kind  to  our  army  in  Mexico.  Is  he  willing  to 
let  that  army  perish  for  want  of  supplies  and  reinforcements? 
Does  he  expect  the  country  to  sustain  him  and  his  friends  in  such 
a  course  as  this?  No  sir,  woo  unto  that  man,  in  time  of  war, 
who  shall  refuse  to  vote  supplies  and  reinforcements  to  the  army 
of  our  country. 

Mr.  BELL. 
will  not  perish. 


-Dent  take  the  proper  oflioers  away  and  our  army 


Mr.  SEVIER. — We  have  got  the  proper  officers  there,  and  will 
keep  them  there.  If  the  army  is  left  to  perish  in  Mexico,  there 
will  be  a  heavy  responsibility  upon  those  who  refused  it  the  neces- 
sary supplies  and  reinforcements.  Would  the  Senator  leave  our 
army  in  Mexico  without  reinforcements  until  the  day  of  danger 


Mr.  BELL. — If  the  army  were  really  in  danger  I  would  vote 
anv  number  of  men  we  .should  require;  I  thought  there  was  a  suffi. 
cient  force  there  already,  and  that  the  army  was  in  no  danger. 

Mr.  SEVIER. — The  Senator  used  the  word  '•'rescue"— that  he 
would  be  willing  to  rescue  the  army  from  danger. 

Mr.  BELL. — I  disclaim  the  idea.     I  said  I  would  not  vote  sup. 

plies  until  I  Saw  the  army  in  danger;  and  took  the  position  that 
25,000  men,  or  30,000  men  under  Scott,  wiili  able  and  expori. 
enced  men  to  command  tliem,  were  not  likely  to  be  in  danger. 
All  the  documents  on  this  subject  go  to  show  that  the  force  now 
there  is  amply  adequate  for  necessary  purposes,  I  am  sure  the 
Senator  does  not  wish  to  misrepresent  me. 

Mr.  SEVIER. — Very  far  from  it.  But  I  called  his  attention  ex- 
pressly to  this  phrase  which  struck  my  ear  for  the  purpose  of 
an  explanation,  I  used  the  word  "rescue,"  particularly  desiring 
some  explanation  from  the  Senator  if  I  had  misconceived  him,  but 
ho  was  silent.  And  then  I  went  on  with  my  comments.  Then, 
again,  in  regard  to  voting  supplies,  I  thought  that  he  meant  to  say, 
he  would  not  vote  supplies  until  he  saw  the  army  in  danger. 

Mr,  BELL, — I  said  that  I  thought  the  force  at  present  in  Mex- 
ico was  sufficient, 

Mr,  SEVIER,— But  the  head  of  the  army,  General  Scott,  ad- 
vised an  addition  to  his  forces;  and  it  was  in  accordance  with  that 
reoouimendation,  and  for  ihf  purpose  of  enabling  the  force  to  col- 
lect the  revenue,  to  support  not  only  the  men  we  propose  to  send 
there  by  this  bill,  but  those  already  there,  that  this  bill  was  pro- 
posed . 

Mr,  BELL — If  the  gentleman  will  allow  me.  General  Scott 
had  estimated  how  many  men  would  be  necessary  to  carry  out  the 
plans  of  occupying  all  the  stales  of  Mexico.  But  I  presume,  if  it 
be  intended  to  gel  a  peace  wiili  the  existing  government,  an  addi- 
tional force  would  not  be  required.  I  thought  that  with  regard  to 
the  occupation  of  all  the  posts,  the  thirty  thousand  men  at  pro- 
sent,  under  Scott,  in  the  present  circumstances  of  the  country, 
would  be  adequate,  with  the  six  or  seven  thousand  men  co-opera- 
ting on  the  line  of  the  Rio  Grande.  The  honorable  Senator  ob- 
served that  the  stale  of  the  armv  depends  iqion  the  discretion  of 
the  general  commanding  under  the  instructions  of  the  Executive 
here,  and  it  is  only  by  extending  operations  in  such  a  manner  as 
in  Mexico,  that  the  administration  will  ever  be  able  to  extricate 
themselves  from  the  necessity  of  holding  it  entirely,  and  that  an 
additional  force   would   bo  necessary, 

Mr,  SEVIER  was  very  happy  to  hear  the  explanations  of  the 
Senator,  He  had  intended  to  call  the  Senator's  attention  to  other 
parts  of  his  speech;  but,  as  he  was  weary  of  this  colloquy,  ho 
would  pass  over  them.     Ho  would  now  conclude  by  summing  up 


February  4.] 


THE  TEN  REGIMENT  BILL. 


227 


what  he  had  endeavored  to  present  to  the  Senate.  He  had  en- 
deavo  ed  to  show,  first,  that  the  war  was  inevitable  on  the  part  of 
?he  United  States  seeondly,  that  it  had  been  wisely  managed  and 
.sueoessfullv  carried  on,  in  spite  ol  the  opposition  party  ol  the 
count  y  and,  thirdly,  tliat  the  United  States  had  ever  been  ready 
and  win  n",  ^nd  are  still  ready  and  willing,  to  make  peace  with 
anv  stable  government  of  Mexico,  on  honorable  and  liberal  terms. 
That  it  never  was  the  design  of  the  administration  to  snbjngate 
and  annex  the  whole  of  Mexico;  and  that  all  the  territory  .he 
administration  ever  desired,  or  now  desires  is  but  a  reason, 
able  portion,  sufficiently  valuable  to  the  United  States  to  def.ay 
the  claims  of  our  citizens  aL'ainst  Mexico,  and  to  indcmnily  the 
country  for  the  expenses  of  this  war.  This,  sir,  la  the  platform  on 
which  the  administration  stands. 

Mr.  HUNTER  obtained  the  floor. 

Mr  FOOTE  then  rose  and  said  :  I  wish  txi  propound  two 
questions  to  the  Senator  from  Tennessee,  which  I  liave  reduced  to 
writing. 


A  Senator.— "order." 

Mr  FOOTE.— It  will  not  occupy  more  than  a  few  moments. 
I  was  not  in  my  seat  yesterday,  being  conlined  to  my  rooiii  by  m- 
disposition,  and  had  not  then  an  opportunity  ol  putting  these  in- 
terrocratories  to  ihe  Senator  The  Senator  from  lonnessee  on 
the  day  be:ore  yesterday,  quite  unexpectedly,  propounded  ceriain 
questions,  which,  he  said  lie  confidently  expeoted  would  he  an- 
swered by  me,  as  he  regarded  me  as  a  bold  and  independent  man 
who  would  not  shrink  from  the  responsibility  ol  answ*ing  ques- 
tions of  that  nature.  His  questions  were  answered;  and  knowing 
him  to  be  a  man  of  at  least  equal  boldness,  I  can  have  no  hesita- 
tion in  saying  that  I  anticipate  equal  promptitude  on  his  part  in 
replving  to  the  questions  I  am  now  about  to  proiiound.  1  will  lur- 
ther  rreraise,  tliat  I  put  these  inquiries  in  a  spirit  of  courtesy,  and 
with  a  strong  desire  of  obtaining  an  expression  ol  the  Senator  s 
views  I  desire,  then,  to  inquire  ol  the  Senator,  first,  whctlier  when 
he  addressed  the  Senate  he  had  any  knowledge,  or  information  ol  a 
reliable  character,  that  a  treaty,  or  anything  equivalent  thereto,  had 
been  agreed  on  in  Mexico:  and,  if  so,  whether  by  authorized  agents 
of  the  government,  or  by  unauthorized  persons;  and,  il  by  unauthor- 
ized persons,  is  the  Senator  from  Tennessee  aware  of  any  connec- 
tion or  correspondence  between  these  apnts,  or  unauthorized 
persons,  and  any  person,  or  persons  in  the  United  Stales  i 

Mr  BELL.— I  see  that  the  Senator  means  it  in  a  mild  spirit, 
but  certainly  it  is  claiming  a  great  right  on  his  part  to  catechise 
me  in  this  form. 

Mr.  FOOTE. — If  he  does  not  wish- 
Mr.  BELL.— I  say  that  I  only  deny  the  right  of  any  Senator  to 
ask  me  such   a  question,  implying   a  breach  of  confidence  on  the 
part  of  agents  of  the  government,  ard  which  might  by  possibility 
mvolve  myself. 

Mr.  FOOTE.— I  did  not  intend  that. 

Mr.  BELL.— Oh!  I  believe  the  Senator  means  nothing  at  all 
improper.  I  did  hear  the  rumors  that  there  was  a  projet  of  a 
treaty,  presented  by  the  commissioners  to  Mr.  Trist,  and  after- 
wards to  General  Scott,  and  that  it  had  been  forwarded  to  Wash- 
ington. Upon  further  inquiry  I  did  not  find  any  authority  what- 
ever for  the  rumor.  I  may  add  that  I  have  had  no  communication 
with  any  agent  of  the  government  whether  in  America  or  ^^in 
Mexico. 

Mr.  FOOTE.— The  question  does  not  implicate  the  Senator. 

Mr.  BELL —I  have  hacP  no  such  information,  and  am  rather 
disposed  to  believe  that  ti.ere  has  been  no  foundation  for  the  rumors 
to  which  allusion  has  been  made.  From  some  announcements, 
semi-official,  it  would  seem  that  there  had  been  something  m  them; 
but  I  see  it  denied  in  the  recognized  organ  of  the  Administration, 
and  must  suppose  that  that  statement  is  true.  If  both  the  Sena- 
tors had  attended  closely  to  my  remarks,  they  would  have  seen 
that  the  tenor  of  my  argument  was,  that  the  Administration  must 
seek  something  more  than  territory  as  aftbrding  "security  for  the 
future,"  and  that  it  mattered  not,  so  far  as  my  argument  was  con- 
cerned, whether  they  claim  the  Californias  and  New  Mexico,  or  a 
still  farther  extension  of  territory  on  the  same  border. 

Mr.  BENTON. — I  wish,  sir,  to  make  a  motion,  necessary  to 
the  organization  of  the  Senate.  We  have  elected  a  President  pro 
(€)n;)ore,  in  the  absence  of  the  Vice  President,  and  have  not  yet 
given  notice  of  it  to  the  President  He  does  not  know  how  things 
are  here.  I  ask  the  indulgsnce  of  the  Senate,  then,  in  order  to 
submit  a  resolution  directing  the  Secretary  to  notify  the  President 
of  what  we  have  done. 

It  was  then 

Ordered,  That  the  Secretary  wait  on  the  President  of  the 
United  States,  and  notify  hira,  that  the  Senate,  in  the  absence  of 


the  Vice  President,  have  chosen  the  Hon.  David  R.  Atchison 
President  of  the  Senate  pro  tempore;  and  that  he  make  a  similar 
communication  to  the  House  of  Representatives. 

Mr.  FOOTE  again  rose  to  address  the  Chair. 
Mr.  MANGUM.— I  rise,  sir- 
Mr    FOOTE.— I  will  not  occupy  the  attention  of  the  Senate 
long  ;  give  me  a  fair  ihuncc.     1  was  sick  yesterday. 

Mr.  MANGUM.— I  rise  to  order. 

Mr.  FOOTE.— If  the  Senator  be  unwilling  to  allow  me— 

Mr  MANGUM.— I  am  not  at  all  unwilling  to  allow  any  Senator 
the  full  exercise  of  his  privileges.  But  I  now  make  a  point  of 
order  What  1  suggest  is  in  the  bpirit  ol  which  I  am  sure  the  gen. 
tlemen  will  himself  approve.  This  kind  ol  catechi;ing  gentlemen 
in  this  body 

Mr.  FOOTE. — Who  commenced  il? 

Mr.  MANGUM 1  regard  not  only  as  a  departure  from  the 

order,  but  as  calculated  to  ini|iair  the  digniiy  of  our  oour.se  of  pro- 
cedure. Let  me  assure  the  honorable  Senator  Irum  Mississippi, 
that  I  make  this  iioiut  of  order  in  all  respect  and  kindness  to  him- 
self, and  strictly  in  a  desire  to  adhere  to  the  uniform  usages  of  the 
body  as  I  understand  them.  It  will  bo  readily  perceived  that 
great  disorder  must  ensue  if  snch  a  practice  were  permitted.  If 
Senators  are  to  rise  up  in  this  way,  on  any  occasion,  out  of  the 
course  of  debate,  and  iiut  interrogatories  on  isolated  points,  culling 
now  on  the  Senator  Imm  Michigan,  and  now  on  the  Senator  from 
South  Carolina,  ai'd  so  on;  I  submit  to  the  Senator  himself 
whether  such  a  couise  of  procedure  would  not  be  disordeily,  and 
ought  to  be  avoided  on  all  hands? 

Mr.  BELL. — It  seems  to  be  alleged  that  I  commonoed  this  sys- 
tem of  interrogation.  I  hope  that  the  Senator  from  North  Carolina 
will  slWov.'  the  Senator  from  Mississippi  to  proceed. 

Mr.  FOOTE. — In  my  own  vindicaition  I  must  say  that  really  I 
am  not  very  familiar  with  the  rules  of  order  ;  I  am  told,  how- 
ever, that  the  Senator  iVoni  North  Carolina  is  entirely  mistaken. 
At  any  rate  it  is  not  for  me  to  vindicate  the  Senator  Irom  Ten- 
nessee, whose  magnanimity  has  just  now  induced  him  to  acknow. 
ledge  that  he  is  himsell  responsible  for  all  that  has  occurred.  His 
quellions  were  propounded  to  me  in  the  confident  expectation  that 
I  would  answer,  and  I  did  answer;  and,  therefore,  it  would  have 
been  much  more  seasonable  had  the  Senator  from  North  Carolina 
presented  his  views  of  order  on  the  day  before  yesterday.  My  next 
question  is  :  Would  the  Senator  from  Tennessee  agree  to  a  treaty 
with  Mexico,  without  full  indemnity  for  past  wrongs  received  at 
the  hands  of  her  government,  and  security  from  future  aggressions — 
and  also  what  amount  of  indemnity  and  what  kind  ol  security  ha 
would  demand  ? 

Mr.  BELL. — I  can  assure  the  Senator  that  I  would  weigh  well 
any  treaty  that  roiiiht  be  presented  lo  this  body,  and  try  to  do  so 
impartially.  But  f  hoid  that  greater  calamities  might  belal  this 
country  than  the  acceptance  ot  a  treaty  which  did  not  give  even 
full  indemnity.  I  should  regard  the  success  o(  the  policy  which  I 
have  attempted  to  show  in  the  course  of  my  argument  was  now  in 
progress,  and  which  I  still  believed  to  be  pursued,  notwithstanding 
the  denial  of  the  gentleman  who  has  addressed  the  Senate  to-day, 
as  a  greater  evil  than  that.  I  would  endeavor  to  weigh  the  evils, 
wheirthe  issue  comes  up  between  taking  the  Rio  Grande,  to  which 
wc  claim  title,  and  the  conquest  of  the\vholo  of  the  country,  and 
the  holding  of  it  either  in  the  shajie  of  states  or  as  dependent  prov- 
inces; witn  my  present  impressions  of  the  evil  of  such  a  policy,  I 
would  prefer  the  former  to  the  latter  aUernative. 

Mr.  FOOTE.— What  boundary? 

Mr.  BELL. — If  tic  Senator  desires  to  learn  all  my  individual 
opinions,  I  shall  be  vory'liappy  to  communicate  them.  I  shonld  be 
quite  willing  to  lai<e  the  Rio  Grande  as  the  boundary  ;  but  the 
Senator  is  imt,  therefore,  to  say,  that  I  preferred  not  to  lake  any 
indemnity. 

Mr.  FOOTE.— I  did  not  say  so. 

Mr,  BELL.— I  distinctly  stated,  that  I  was  not  opposed  to  ex- 
acting such  inderanitv  from  Mexico  as  would  not  be  oppressive  or 
ruinous  to  her.  I  did  not  go  against  all  indemnity,  and  I  trust  I 
was  so  understood.  The  honorable  Senator  from  Mississippi,  was 
not  here  yesterday,  and  therefore,  it  is  probable  that  he  wishes  to 
know  mv  individual  opinions  on  those  points  ;  they  are  not  worth 
much  it  is  true,  but  such  as  they  are,  I  gave  them,  without  dis- 
guise, and  I  bad  hoped,  with  siitfieient  explicitness  to  indicate 
what  I  should  do  in  any  particular  e.\igency  that  might  arise. 

On  motion. 

The  Senate  adjourned. 


223 


PETITIONS— RR^OLTTTTONS— BILLS. 


[MoNBAY 


MONDAY,  FEBRUARY  7,  1848. 


REPORT    FROM    TUF.    WAR    DF.PA  UTMKNT . 

r  The  PRESIDENT  pro  tfmpohe  laid  liel'ore  llie  .Senate  a  le- 
poll  of  tlie  .Seeretarv  of  War,  luaile  in  complianee  with  a  lesoUi- 
liun  ol' the  Senate,  aeconipanicil  Ir,- a  map  of  tlie  exaniinfiiinn  ul 
New  Mexico  made  by  Lieut.  J.   VV.  Abert  ;  which  was  read. 

On  motion  by  Mr.  CA.S.S,  it  was 

Ordered.  That  it  be  referred  to  tlie  Committee  on  Printing. 

PETITIONS. 

Mr.  H,\LF,  presented  a  memorial  of  ministers  and  laymen  of 
the  Unitarian  denomination  of  Christians,  praying  the  adoption  ol 
measures  for  the  re-establishment  of  peaee  between  the  United 
States  and  the  Repiiblie  of  Mexieo  ;  which  was  referred  to  the 
Committee  on  Foreign  Relations. 

Mr.  CL.WTON  presented  the  petition  of  Obed  Hiissey.  prav- 
ins;  an  extension  of  his  patent  lor  a  reaping  iiiti.ehine  ;  wliieli  was 
referred  to  the  Committee  un  Patents  and  the  Patent  Offiee. 

Mr.  ASHLF.Y  presented  the  jietilion  of  William  Vf .  Wynn, 
praying  to  lb  allowed  the  rifrht  of  pre-emption  to  eertain  lands  in 
the  State  of  Arkansas  ;  whioh  was  referred  to  the  Committee  on 
Public  Lands. 

POST    ROUTE. 

Mr.  TURNEY  submitted  the  foUowint;  resolution,  wliieh  was 
considered  by  nnanimoits  consent,  and  agreed  to  : 

Risulced,  Tlial  llip  ronuuillee  on  llio  Post  Ofiice  anil  Povl  KoaiK  iiii|uire  ium  llie 
espeiiiencv  of  establisliing  a  potroult-  IVoiii  .-Vtliens  to  Kinijsloii.  TeiiiR-isef. 

MAII,    F.AII.t'RF.S,    ETC. 

^Mr.  JOHNSON,  of  La.,  submitted  the  foUowin;;  resolution. 
Tvliieh  was  considered   by  iinanimoiis  consent  and  agruwl  to  ; 

Hcsulrrd.  Thnl  Uie  Poslma'.tor  fipneral  'ir  iiistrorlecl  In  rc-iiort  lo  UiP  S.'nali-.  llic 
causes  ol"  the  r(^peate«I  recenl  lailiii'cs  of  tlie  mail  lo  am!  from  New  Orlt-ans  ;  ami 
wba»  legislation,  if  any,  is  n,*pe.^s!uv  lo  prcveiil  Ilie  leourrencj?  of  sncli  failnrcj  a*  wt'll_ 
as  to  [iTevenl  tlif  !o,ses  siislaineil  liv  tlie  piiblir.  in  con^eqneiK-.'  of  llio  conM'vanfP  of 
intellisence  in  advance  of  llie  iMiileil  I^late.'  mail.  Iiy  Ilie  e\i>rr,.  mail  islallk-li.'.l  In' 
imliviiluaU. 

MEXICAN     NEGOTIATIONS. 

Mr.  B.\L1)WIN  siibi.iilti-d  ilie  followhiy  resobilion  Ui\-  consid- 
eration : 

Rt'nirril,  'riial  llii-  I'm-iilcnl  of  ihe  I'liile.l  Stales  lie  rei|ii.\sleil  lo_  romllinnieate  lo 
the  Senale,  if  til  llie  pos-ession  of  llie  Iteparlinent  of  Slate,  a  eoiiv  of  llie  inslrnelion. 


oftlieiniui^leiial  loiimil  ol  llie  rejinlilic  of  JMexieo.  lolli 


I'Oliinil^-sloiieis 


lOllllell  lo 


2-Illi  ilav  ol    Anj,'ii,l. 


neyoliate  Willi  .^!r.  Tii.t.  ilaleil  al  .Me\ieo  ou,  or  alioul,  lli- 
IMT.  louerliei  ivilli  llie  iiropiual.'.  or  |iroieel,  if  any,  suliiiiilleil  liy  llie  Meviean  eom 
missionp"^  a-,  llie  lixsisol  atrealv.  prior  lo  llie  eonnter-projei-l  snlimiUeil  liv  llieiii  on 
tlie6lli  of.SepleinUer.  1847.  anil  already  eoiiimmiioaled  to  llie  Senale:  anil  also,  llie 
proeeeilinys,  if  any,  uliieli  were  had  in  relalion  lo  said  piopo-als  lirsl  snbiiiitled.  so 
till  as  tbe'ame  may  lie  loiiimaiiiealed  eonsislenlly  w  illi  iIil-  piililie  inleieil, 

RIGHT    OF    WAY    TO    ILLINOIS. 

Mr.  BREESE.from  the  Committee    on  Public  Lands,  to  wl i 

was  referred  the  bill  to  ijrant  to  the  State  of  Illinois  a  ntflif  nf  wav 
through  the  public  lands,  and  for  other  purposes,  r«]iiiilcil  it  wilii- 
cut  ameiiilment. 

TERRITORIAL    GOVERN.MENT    OF    OREGON. 

Mr.  DOUGLAS,  from  the  Committee  on  Territories,  to  whom 
was  referred  the  bill  to  establish  thi>  territorial  ijoverninenl  of 
Oi-egon,  reported  it  williom  amendment. 

INBIAN    RESERVATION. 

Mr.  BELL,  from  the  Committee  on  Indian  .Mfairs,  reported  a 
resolution  for  llie  relief  of  lietsey  Mcintoen  \a/nicli  wa^  reail  ibe 
nrst  and  second  tinies,  by  unanimous  cons^ne . 

The  Senate  proceeded  to  consider  sairf  r«.-:oh!tion,  as  in  Coin, 
mitten  of  the  Whole,  and  im  atuendinent  Iwnn.*:  made,  il  was  re- 
ported to  the  Seiiat*'. 

Ordered,  That  it  be  eiiirrossed,  and  rearf  a  <hitd  time. 

The  said  rosolution  was  read  a  third  tinifi.  bv  unanimous  con- 
sent. 

Heniih-ed,  That  it  pnii«.  and  lliHl  tlie  liile  lliereof  t,e  at  alAtefam. 

Ordered,  T'hat  the  Secretary  request  th«  eonenrrcHce  of  tlie 
House  of  Representatives  therein. 

ME99AQE    FROM    THE    IIon««. 

The  followinir  message  was  received  irmn  tlut  House  of^Repre- 
sentatives,  by  Mr.  Campbell,  their  clerlr 


Mr.  Presi.lenI  :  Tlie  Honse  of  Repie-entatives  liave  passed    bills  of  lite  follow! 
lilies : 

An  act  for  the  relief  of  William  Culver. 

An  act  for  the  relief  of  Daniel  Rohiasou. 

An  act  for  the  relief  of  Elizalielli  rUpper,  of  Muskineuni  countv  lu  ihe  slate  of 
llhio. 

An  act  for  tire  relief  of  Harriet  Harney. 

\u  act  for  the  relief  of  John  Anderson. 

-An  act  for  the  relief  of  Joseph  C.  llo.tvy. 

.\n  acl  for  the  relief  of  S.  Morris  \Vnhi. 

An  act  forllie  lelief  of  the  lesal  reprcsenlalives of  Amelia  Bereton. 

.■\n  act  for  the  relief  of  the  legal  heirs  of  John  Snyder,  deceased. 

An  act  for  the  relief  of  Itarehiy  and  Livingston,  and  Rnitth.  Thurgar  and  Company. 

.\ii  act  for  the  relief  of  Aiiizy  Judd. 

All  act  for  the  relief  of  the  heirs  of  .Matdiew  Slewail. 

An  acl  for  llie  relief  of  Joseph  and  T.inilley    Ward. 

An  acl  for  tj^e  relief  of  Mrs.  .\iine  W.  Ali'jne. 

An  act  for  the  relief  ol  Hlizahelli  -Mays. 

.\ll  act  for  the  relief  of  James  H.  Coniev. 

An  act  for  the  relief  of  Jesse  Vounj^. 

.\ii  acl  for  the  relief  of  Silas  Watemiau, 

ill  which  they  request  the  concurrence  of  the  Senale 

The  said  bills  were  read  a  first  and  second  times,  by  unanimous 
consent,  and  referred  as  follows  : 

The  bills  for  the  relief  of  William  Culver  :  of  Daniel  Robinson  : 
of  ,Tohii  ,\ndersoii  ;  of  Joseph  C.  Doxey  ;  of  S.  Morris  Wain  ;  of 
the  letral  representatives  ftf  .\melia  Bereton  ;  of  the  leiral  heirs  ol 
John  Snyder,  deceased  ;  and  of  the  heirs  of  Matthew  Stewart  ; 
were  referred  to  the  Committee  of  Claims. 

The  bills  lor  the  relief  of  Elizabeth  Clapper;  of  Harriet  Barney; 
of  Jesse  Youno';  and  of  Silas  Waterinan;  were  referred  to  the 
Coiumittee  on  Pensions. 

The  bill  for  the  relief  of  Mrs,  Anne  W.  .Pimm's;  of  EUzabeth 
Mays;  and  of  James  If.  Conley;  were  referred  to  the  Coininiltee 
on  Naval  Alliiirs. 

Tlie  bill  for  the  relief  of  Barclay  and  Livingston  and  Smith, 
Tliurgar  and  (Mimpany,  was  referred  to  the  Committee  on  Com- 
merce. 

The  bill  for  the  nliclnf  .Vmzy  Judd,  was  referred  to  the  Coni- 
mitlee  on  Publir;  Lands. 

The  bill  for  the  relief  of  Joseph  and  Liiidlev  Ward,  was  referred 
to  llie  Coiumillcc  on  Indian  Atiairs, 

PRO.MOTION   OF   CADET.S. 

The  Senate  proceeded  to  consider  the  followino-  resolution,  sub- 
milted  by  Mr.  Bknton  on  the  '2d  instant,  and  it  was  agreed  to  : 

Rrsvh-fd,  That  Ihe  I'residenl  he  rpfptesled  lo  cause  lite  Senale  lo  he  infoiined  of 
the  otdei,  or  law.  by  %ir!ne  of  which  lite  following  words  in  relation  lo  i\\tt  promotuji: 
of  Cadets  have  been  iu^erled  in  tlie  Ariov  Register  of  Ihe  United  States,  page  45,  for 
Ihe  year  1S47. 

"Cadets  acting  as  snpernnmeiary  ofltccra  in  the  army,  in  virtue  of  llieir  biesels. 
will  he  successively  iintiimlttl  to  vacancies  of  the  lofrestoiftd"  which  mas'  tiist  haiipen 
III  Ihe  particular  arm  to  winch  lliey  may  have  W-en  atlaelled.  according  lo  Ihe  order  of 
rank  eslahlislied  al  ihe  iitililary  academy." 

!MAP    OF    MEXICO. 

The  Senate  proceeded  to  consider  the  tollowiiiij  resolution  sub- 
mitted by  Mr.  Rl'sk,  on  the  lib  instant  ; 

Rc'inlrni.  That  the  Secretary  he   ref|_uired  to  procure  hundred  cojuesoflhe 

map  of  Mexico,  Use  ihousanit  copies  ol  each  of  Ihe  Valley  of  Me.xico,  Hud  of  the 
Seal  of  War,  pnhlislieil  Wv  .1.  Disiurnetl,  of  .New  \'orli.  nol  to  eiteeed  in  cost,  one 
dollar  each  for  llie  map  of  Mcvtco,  and  ten  cents  for  llieolheis. 

On  motion  by  Mr.  RUSK,  il   was 
Ordered,  'J'hat  it  be  referred    to  the  Cmimiittee  on  the  Library. 

bills    PASSED. 

The  followinj;  bills  were  read  tlie  second  time  and  cousidered  aii 
in  Committee  of  the  Whole: 

.\  hill  in  addition  loan  act  for  the  relief  of  Waller  I.ooinit  and  \bel  t^ay.  approv- 
ed Jnly  %  l,-3li. 

\  bill  for  Ihe  relief  of  Edward  liolon. 

A  bill  conlirming  former  sales  by  the  Stale  of  Illinois,  of  the  tlliio  Sahu*  ntierTa- 

tions,  uiid  authoritiiii:  the  sale  of  the  residue  of  nueli  rwwrvatious. 

No  amendment  being  made  they  were  reported  to  the  Senate. 

Ordered,  That  they  be  engrossed  and  read  a  third  time. 


Fbbkuary   1.] 


THE  TEN  REGIMENT  BILL. 


229 


The  said  bills  were  read  a  tliirj  time,  by  unanimous  consent. 

ftesoli-til.  That  tliey  pass,  and  tlial  llieir  resiiective  titles  be  as  aforesaid.      ^ 

Ordered,  TImt  (he  Secretary  request  the  conoiirrence  of  the 
House  of  Representatives  therein. 

»  HALF    PAY    TO    WIDOWS    AND  ORPHANS. 

The  Senate  resumed  the  consideration  of  the  bill  amendina  the 
act  entitled  '■  An  act  granting  half  pay  to  widows  or  orphans 
where  their  husbands  and  fathers  have  died  of  wounds  re- 
ceived in  the  itiilitary  service  of  the  United  States,  in  eases  of 
deceased  officers  and  soldiers  of  the  militia  and  volunteers,  passed 
July  4,  1836." 

The  question  being  on  ordcrinp  the  bill  to  lie  enifrossed  and 
read  a  third  time — 

Mr.  NILES  otTered  the  lollowing  amendmenl,  which  was 
agreed  to: 

Add  to  the  end  of  the  bill  :  "  who  were  in  the  army  of  the  United 
States  on  the  first  day  of  March,  IS46,  or  at  any  subreqnent  pe- 
riod durinjr  the  present  war  between  the  United  Stales  and  Mex- 
ico.'' 

Ordered,  That  it  be  enorossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time,  by  unanimous  consent. 

HfSolved,  That  it  paw,  ami  that  thi-  lillc  thereof  he  as  aforesaiil. 

Ordered,  That  the  Secretary  request  the  concurrence  i.l  ihc 
House  of  Representatives  in  this  bill. 

THE    TEN    REGIMENT    Bll.t.. 

The  Senate  resumed  the  consideration  of  the  bill  to  rai>c,  for  a 
limited  time,  an  additional  military  force. 

Mr.  BALDWIIV.— I  ask  the  induliicncc  of  the  Senate,  and  of 
the  Senator  from  Virginia,  who  is  entitled  to  the  floor,  to  enable 
me  to  make  an  explanation,  in  behalf  of  my  friend  and  constituent 
Capt.  Gregory,  of  the  Navy,  who  conceives  that  the  honorable 
Senator  from  Arkansas  (Mr.  Sevier,)  was  under  a  misapprehen- 
sion in  regard  to  a  material  fact  in  the  statement  made  by  him,  on 
the  authority  of  Capt.  Gregory,  in  the  Senate,  on  Friday  last. 

The  honorable  Senator  from  Arkansas,  if  I  correctly  understood 
him,  was  endeavoring  to  crmvince  the  Senate,  that  Point  Isabel 
and  the  harbor  of  Brazos  Santiagc*  were  not  in  the  possession  of 
the  Mexicans  at  the  time  of  General  Taylor's  march  upon  the  Rio 
Grande,  and  of  his  seizure  and  occupation  of  them  as  a  depot  for 
his  army,  on  the  25th  of  March,  1S4(>.  In  proof  of  that  position 
he  was  understood  to  state  tti  the  Senate  that  he  had  been  informed 
by  Capt.  Gregory  that  on  landing  there  he  saw  only  two  or  three 
huts  slightly  built  with  forked  sticks,  and  no  Mexicans  except  a  few 
vagabonds  and  fi»liernien.  The  Senator  from  Arkansas  was  under  the 
•rroneous  impression  that  Capt.  Gregory,  in  the  conversation  to 
which  he  alluded,  had  reference  to  the  condition  of  the  place  ante- 
rior to  the  time  of  its  being  taken  pos.session  of  by  General  Taylor; 
whereas,  in  fact,  Point  Isabel  and  the  port  of  Brazos  Santiago  bad 
beeti  in  the  military  occupation  of  General  Taylor  more  than  a 
month  before  the  landing  of  Capt.  Gregoiy,  which  was  on  the  Slli 
May — the  day  on  which  the  battle  of  Palo  Alto  was  fought.  Capt. 
Gregory  informs  me  that  he  then  observed  the  remains  of  several 
dwellings  that  had  been  burnt.  His  conversation  with  the  Sena- 
tor from  Arkansas  was  casual,  and  in  general  terms,  as  he  was 
not  aware  at  the  time,  that  information  was  desired  for  the  imr- 
pose  of  being  comiiranicated  to  the  Senate.  He  is  the  more  de. 
sirous  of  correcting  the^crror  into  which  the  honorable  Senator  has 
inadvertently  fallen,  as  it  jilaces  him  somewhat  in  contiict  with  the 
statements  of  General  Taylor  in  his  correspondence  with  the  gov- 
ernment. It  will  be  recollected  by  the  Senate,  that  General  Tay- 
lor speaks  of  the  harbor  of  Brazos  Santiago  as  being  the  port  used 
by  the  citizens  of  Matamoras  in  their  commerce,  anil  states  that 
he  had  given  assurances,  when  at  Corpus  Christi,  to  some  citizens 
of  Matamoras,  and  on  his  arrival  at  the  river  had  renewed  them  in 
a  communication  to  the  commanding  general  at  that  place,  that 
until  the  question  of  boundary  should  be  definitively  settled,  the 
harbor  of  Brozos  Santiago  should  be  opened  to  the  free  u«e  of  the 
Mexicans  as  heretofore.  He  also  speaks  of  "the  Mexican  custom- 
house officer  at  Brozos  Santiago,'"  and  of  the  houses  that  were 
burnt  on  the  24th  of  March  by  the  port  captain,  who  had  made 
his  escape  before  the  arrival  of  the  troops;  by  whom,  only  two  or 
three  inoffensive  Mexicans  were  found,  the  rest  having  left  for 
Matamoras. 

Mr.  SEVIER.— If  the  Senator  will  indulge  me  for  a  moment.  I 
will  state  that  in  the  course  of  my  remarks  the  other  day,  in  ic- 
lerring  to  the  nature  of  the  settlement  at  Brazos  Santiago,  I  diil 
mention  that  I  had  conversed  with  Capt.  Gregory  on  the'subjcci, 
and  that  his  statement  confirmed  the  information  which  I  had  re- 
ceived previously  from  other  quarters.  Certainly  the  impression 
left  upon  my  mind  was  that  Capt.  Gregory  was  there  when  Gen- 
eral Taylor  landed.  If  he  had  reference  to  a  subsequent  arrival 
there,  I  shall  make  the  correction  with  great  pleasure.  I  may  add 
that  mv  information  was  obtained  from  other  sources,  amon>Tst 
others  from  one  of  the  Senators  from  Texas,  and  I  alluded  to  Capt. 
Gregory's  statement  as  corroboratory  of  what  I  had  heard  from 
other  gentlemen. 


Mr.  HUNTER. — If  the  bill  before  us  apj)eared  in  no  other 
light  than  as  a  mere  measure  of  supplies  which  raised  only  the 
question  of  ten  regiments,  more  or  less,  in  our  army  I  should  not 
have  troubled  you  with  any  reasons  for  the  vote  which  I  shall  give. 
But  during  the  discussion  far  higher  subjects  have  been  involved  in 
its  consideration.  The  great  fjuestion  as  to  the  manner  in  which 
the  future  progress  of  the  American  people  is  to  be  conducted  insen- 
siblv  inlluences  every  mind  in  its  determination  as  to  the  proper- 
objects  to  be  pursued  in  this  war.  This,  sir.  is  the  grand  problem 
which  the  .American  mind  is  laboring  to  solve,  and  upon  the  sound- 
ness of  its  contlusions  must  depend  our  future  destiny  for  weal  or 
for  woe.  No  matter  what  the  question  presented,  if' it  be  connect- 
ed with  this  war.  it  seems  immediately  to  suggest  these  other  con- 
siilerations  with  which  the  public  mind  is  so  anxiously  engaged. — 
Of  all  the  great  political  problems  ever  presented  to  the  world,  I 
believe  there  has  been  none  upon  whose  correct  solution  so  much 
of  human  happiness  has  been  staked;  for  no  people  ever  existed, 
in  my  opinion,  who  had  the  capacity  to  play  so  great  a  part  in  the 
affairs  of  mankind.  The  question  is  surrounded,  I  confess,  by  dif. 
ficultics  and  embarrassments.  It  is  given  to  no  man  to  see  much 
of  the  future;  and  our  past  career  has  been  so  rapid,  so  eventful, 
and  so  successful,  that  we  can  scarcely  conceive  it  impossible  to 
gratify  any  wish  we  may  have  as  to  the  future  course  of  our  peo- 
ple. But,  sir,  the  hour  has  arrived  when  it  is  indispensable,  not 
only  to  further  and  higher  successes  but  to  our  own  happiness,  to 
determine  the  true  objects  of  our  mission  and  the  real  nature  of 
the  functions  which  we  have  to  perform  in  the  social  progress  of 
mankind.  It  is  not  surprising  then,  that  Senators  should  address 
tlii'inselves  from  this  Hall  to  the  public  mind  of  the  country  to  in- 
fluence its  deliberations  upon  the  momentous  issues  before  it.  For 
of  all  the  governments  that  ever  existed,  it  is  in  this,  perhaps, 
that  a  sound  public  opinion  is  most  indispensable  for  our  prosperity 
and  safety.  Our  safety  is  not  and  never  has  been  in  the  written  pro- 
visions of  this  constitution,  but  in  the  public  virtue  and  intelligence 
which  directed  our  institutions.  The  great  merit  of  our  system  is, 
that  its  movements  are  true  to  the  popular  opinion  which  directs 
it;  and  they  will  be  good  or  ill  as  that  opinion  is  true  or  false.  The 
system  did  not  make  our  habits  of  popular  thought,  liut  they  made 
tile  .sj-stcm .  The  Mexicans  had  a  constitution  very  similar  to  ours, 
but  there  was  no  sound  and  enlighlened  state  of  public  opinion  to 
execute  it,  and  the  insirument  failed  in  their  bands  which  has  been 
so  successful  in  ours.  Should  the  public  opinion  of  this  country 
ever  become  debased  and  degraded,  there  Is  nothing  in  the  provi- 
sions of  this  constitution  which  could  save  us.  Tt>  pko'C  our  "overn. 
iiicnt  in  such  keeping,  would  be  to  consign  the  delicate  and  compli- 
cated inacbinery  of  a  locomotive  to  unskilful  hands,  in  which  we 
should  move  with  swifter  pace  to  a  common  ruin.  The  democratic 
principle  in  government,  like  steam  in  the  physical  world,  is  the 
most  powerful  of  agents,  but  like  steam  it  requires  the  most  care- 
ful and  delicate  management. 

Mr  Presid^it,  it  is  the  highest  province  of  an  American  states- 
man to  influence,  and  in  some  measure,  guide  public  opinion;  and 
he  who  knowingly  deceives  or  misleads  the  people,  is  responsible 
for  the  greatest  political  offence  which  can  be  committed  under 
our  .system  of  government.  He  poisons  the  spring  from  which 
the  whole  city  is  supplied  and  deals  death  in  the  water  \\-hich 
is  indispensable  to  life.  (  have  great  faith  in  the  public  mind  ol 
this  country  when  it  is  truly  informed  and  time  is  given  for  delibe- 
ration. But  the  march  of  events  has  been  so  rapid  that  we  are 
.suddenly  called  to  act  upon  propositions  which  heretofore  had 
scarcely  formed  the  subjects  of  speculation.  Schemes  of  ambi- 
tion vast  enough  to  have  tasked  even  a  Roman  imaguiation  to  con- 
ceive, present  themselves  suddenly,  as  practical  questions;  and 
visions  of  splendor,  which  ten  years  ago  we  should  have  classed 
amidst  the  delusions  of  "mirage,''  arc  fast  assuming  form,  .sub- 
stance, and  reality.  The  disintegratiim  of  all  the  .social  elements 
in  an  empire  covering  more  than  1,500,000  square  miles  of  tcrri 
t<uy,  and  comprehending  more  than  9,000,000  of  people,  according 
to  the  estimate  of  Mulilenpfordt.  The  annexation  of  that  territo- 
ry, and  tho  union  of  those  people,  aliens  in  race  and  hostile  in  fee- 
lings to  ourselves,  with  equal  rights  and  privileges,  or  their  subju- 
gation as  a  dependant  prov'uce,  arc  amongst  the  practical  ques- 
tions forced  upon  our  consideration.  These  questions  are  here, 
sir,  here  in  our  midst  without  even  the  premonition  of  those  shad- 
ows which  are  .said  to  give  warning  of  coming  events.  So  suddenly 
have  these  considerations  pressed  themselves  upon  us  that  the  mere 
curreul  of  events  is  leading  us  to  the  establishment  of  precedents 
if  not  of  principles,  which  aH'ect  the  entire  framework  of  our  go- 
vernment. The  most  desjHitic  of  all  powers,  the  power  of  the 
conqueror  over  these  eight  or  nine  millions  of  people  is  exercised 
by  the  executive  branch  of  our  government  without  the  least  par- 
ticipation of  Congress — for  which,  I  by  no  means  censure  him,  as 
it  was,  perhaps,  inevitable  in  the  absence  of  all  law  in  relation  to 
the_ subject.  Nor,  are  wc  perhaps,  to  bo  blamed  for  tho  want  ol 
.action  in  this  matter  ?  Our  .system  was  not  founded  lor  conquests, 
our  habits  as  a  people  have  not  been  those  of  war,  and  there  was 
no  preparation  for  the  present  because  it  was  not  foreseen  in  time 
to  make  it.  But,  Mr.  President,  difficult  and  embarrassing  as  are 
these  questions  we  have  to  meet  tliem.  It  is  time  that  we  were  de- 
termining upon  the  true  objects  to  be  pursued  in  this  war,  and  no- 
thing would,  perhaps,  facilitate  a  correct  conclusion  upon  this  sub- 
ject more  than  a  determination  as  to  the  true  ends  of  our  national 
existence,  and  the  proper  mode  of  conducting  our  progress  as  a 
people.  This,  in  my  opinion,  is  the  problem  whose  solution  in  the 
public  mind  is  to  precede  its  determination  as  to  the  objects  of  the 
war.     Nayj  sir,  it  presents  the  great  considerations  which  will 


230 


THE  TEN  REGIMENT  BILL. 


[Monday, 


mainly  Jptermine  the  fiilure  course  of  our  Ibreign  relations.  I 
waive  all  disciission  as  to  the  justice  of  the  war  or  our  capacity  to 
snbjusate  the  Mexican  people  entirely  and  connpletely.  I  shall 
treat  the  question  as  if  there  was  no  doubt  of  our  power  and  right 
to  manage  the  whole  matter  in  reference  to  our  own  interests,  in 
order  to  see  if  we  may  not  attain  results,  from  this  point  of  view, 
which  are  consistent  witli  our  duties  to  humanity  as  well  as  to  our- 
selves. 

If  wo  could  choose  our  mode  of  progress,  (and  happily  we 
may,  as  I  believe,  if  we  would  select  the  best,)  in  what  manner 
should  we  regulate  it  ?  Shall  we  accept  it  as  our  mission  to  plant 
and  inhabit  the  wilderness,  to  reduce  the  waste  to  human  uses,  and 
fill  up  what  is  open  to  ns  with  a  homogenous  and  fraternal  people? 
Are  our  triumphs  to  bn  sought  in  the  peaceful  arts,  the  noble 
aohievemenis  ot  civilization,  the  development  of  higher  forms  of 
social  life,  and  the  introduction  of  purer  principles  of  political  action? 
Is  it  to  be  our  aim  to  become  a  self-educating,  a  self-sustaining,  and 
a  self-governing  people,  so  true  to  themselves  and  so  just  to  others, 
as  to  be  able  to  increase  their  physical  without  loss  of  moral  power, 
to  an  extent  never  before  witnessed  in  the  generations  of  luan  ?  Or 
are  we  to  pursue  another  cour.se,  and  imitate  Roman  and  British 
examples  ?  Is  the  history  of  our  successes  to  be  written  on  tho 
ruins  of  others;  and  are  our  achievements  to  consist  in  subjusating 
nations  and  conquering  provinces  ?  Is  it  to  be  our  glory  merely 
to  extend  our  boundaries  without  adding  to  our  own  happiness, 
and  without  reference  to  the  rights  or  sufferings  of  others  ?  In 
other  words,  shall  we  grow  as  the  oak  which  strikes  the  root  deep 
er  as  it  extends  the  branches,  and  increases  in  size  without  iuipau- 
ing  its  symmetry  or  destroying  the  just  proportion  of  any  ol' thi' 
elements  of  its  strength  and  elegance  ?  Or  shall  we  climb  like  the 
vine  which  destroys  what  it  clings  to,  and  under  an  outward  form 
of  beauty  and  of  life,  covers  and  conceals  decay  and  death  within  ? 
Mr.  President,  we  are  now  strong  enough  to  feel  tha'  either  career 
is  open  to  us.  Both  roads  lie  before  us,  and  it  is  for  ourselves  to 
determine  which  we  sliall  pursue.  But  I  trust  that  we  sliall  nor 
long  hesitate  as  to  the  choice.  The  more  I  consider  the  nature  of 
our  government,  and  tlie  circumstances  of  our  people,  the  more 
firmly  I  am  convinced  that  a  taste  for  peace  is  indispensable  lor 
the  high  development  of  our  social  advantages,  and  tlie  complete 
fulfilment  of  a  greater  destiny  than  any  nation  has  yet  achieved. — ■ 
The  circumstances  attending  our  early  settlement  on  the  conti- 
nent, the  nature  of  our  institutions,  the  cotemporaneous  expression 
of  the  opinions  of  the  fathers  of  tlie  republic,  all  seem  to  indicate 
that  the  hand  of  God  and  the  voice  oi  man  have  alike  indicated 
the  peaceful  nature  of  the  mission  upon  which  we  were  sent.- — 
The  combination  of  a  great  amount  of  physical  power,  with  a 
high  degree  of  liberty,  of  all  political  ends,  seems  to  have  been 
the  most  difficult  of  attainment.  I  know  of  no  instance  in  which 
the  two  may  be  fairly  said  to  have  been  united.  Indeed,  I  know 
of  no  people  whose  form  of  government  and  whose  physical  con- 
dition justly  entitled  them  to  hope  for  a  union  of  both,  exce|it  our 
own.  Planted  in  tlie  wilderness  more  than  two  hundred  years  ago^ 
they  have  extended  their  occiipaiion  of  it  as  they  grew,  under 
every  circumstance  which  could  favor  freedom  of  thought  and  en- 
ergy of  action.  Subjected  to  no  pressure  of  moment  from  without, 
they  enjoyed  every  advantage  in  their  training  for  self-govern- 
ment. Growing  up  gradually  as  a  homogenous  people,  they  ac- 
quired political  knowledge  from  experience,  and  the  changes  to 
which  they  were  exposeil  being  in  themselves  and  not  in  others, 
they  were  prepared  to  meet  them.  On  the  one  hand,  the  extent 
of  unoccupied  territoiy  saved  ihem  fn^m  the  dangers  of  a  crowded 
population,  which  arc  said  to  be  most  trying  to  popular  govern- 
ments; whilst  on  the  other,  many  favoring  circumstances  con- 
curred in  forming  a  jiuhlic  opinion  sufficiently  sound  and  enlight- 
ened to  direct  a  government  safely.  Nor  was  this  all;  they  were 
fortunately,  .no,  sir,  providentially,  settled  in  different  communi- 
ties, separated  not  in  race  or  feeling,  but  according  to  physical 
differences,  which  in  some  degree  gave  a  local  tinge  to  public  sen- 
timent. They  came  together  as  separate  communities,  and  upon 
conditions  which  enableil  each  State  to  develope  its  peculiar  genius, 
and  placed  them  under  common  bonds  only  for  the  common  defence 
and  the  free  interchange  of  trade  and  intercourse  with  each  other. 
A  voluntary  association  of  free  republics  was  thus  formed,  in 
which,  by  a  skilful  distribution  of  duties,  and  a  wise  classification 
of  interests,  the  whole  subject  of  government  was  placed  within 
the  reach  of  popular  control.  The  sense  of  tho  people  was  taken 
by  parts  in  matters  effecting  only  tho  parts,  and  their  action  be- 
came common  only  where  the  interests  were  general.  This  form 
of  the  federal  principle  presented  man  for  the  first  time  in  his  his- 
tory 8  rational  hope  of  solving  practically  the  <xreat  problem  of 
accumulating  social  power  in  large  masses,  without  prejudice  to 
individual  freedom.  The  capacity  of  despotic  governments  for  ex- 
tensive dominion  has  been  many  times  attested;  but  their  experience 
seemed  to  prove  that  indiviiluiil  liberty  was  the  price  to  be  paid 
for  it.  For  the  first  time  in  the  annals  of  mini,  a  rational  prospect 
for  empire  was  opened  to  the  democratic  principle  in  its  progress, 
ihrongli  the  voluntary  association  of  our  free  rcpublius,  whose 
strongest  cohesive  bond  consisted  in  the  common  sympathies  and 
sentiments  of  a  common  race.  As  if  nothing  should  be  wanted 
for  future  development,. unoccupied  territory  lay  before  them 
boundless  it  would  have  seemed,  "as  wish  could  daim,"  to  con- 
vert this  wilderness  to  the  uses  of  civilized  man,  to  settle  it  with 
a  homogenous  and  fraternal  jicoplc,  to  cultivate  a  sound  and  en- 
lightened public  opinion,  and  institute  a  government  which  slionid 
depend  upon  and  reflect  it,  wore  the  great  aims  of  our  fathers. 
It  IS  plain  that  they  believed  that  the  interests  and  t«ste.$  of  our 


people  would  lead  to  peace;  and  upon  this  supposition  founded  the 
hope  of  accomplishing  such  a  destiny.  The  government  was  or- 
I'anized  with  strength  for  defence;  but  there  is  not  a  feature  in  it 
which  fits  it  for  conquests  and  aggressive  war.  No  extensive  war 
of  this  character  could  be  carried  on  for  ten  years,  withoui  des- 
troying the  balances  of  our  government,  and  changing  the  distri- 
bution of  power  amongst  its  parts.  We  are  strong  enough  to 
make  it  the  interest  of  others  to  avoid  a  conflict  with  us  ;  and  we 
are  .so  organized  and  circumstanced  as  to  have  ourselves  the  deepest 
interest  in  peace  If  we  can  fill  this  vast  country,  over  which  we 
have  title,  iVom  sea  to  sea  with  a  fraternal  people,  virtuous  and 
wise  enough  to  administer  their  own  government,  and  provide  for 
all  the  wants  of  a  highly  refined  civilization,  we  shall  have  done 
more  than  ever  was  effected  before,  and  enough  to  satisfy  the  lofti- 
est aspirations  of  ambition.  But  it  must  be  confessed  that  the 
difficulty  of  the  task  increases  with  the  extent  of  our  territory  and 
the  nuiiiliers  of  our  people,  although  of  kindred  races  and  with 
kindiv  feeling.  That  the  diversities  of  sectional  interest,  and  the 
relative  power  of  the  E.xecutive  increase  with  the  extension  of 
territory,  is  scarcely  to  be  denied.  But  with  the  great  improve- 
ments in  the  means  of  intercourse,  and  the  steady  march  of  popu- 
lar intelligence,  it  is  perhaiis  not  extravagant  10  hope  that  our 
race  may  grow  to  this  greatness  with  capacities  improved  by 
exercise,  and  powers  gradually  developed  in  the  discharge  of 
the  new  duties  imposed  upon  them  by  their  growth.  What  other 
people  ever  enjoyed  the  prospect  of  attaining  such  power  without 
crime  ? 

But  to  reach  this  consummation  it  is  essential  that  certain  con- 
ditions must  be  observed  in  the  course  of  our  progress.  As  our 
empire  extends  we  must  diminish  the  action  of  the  central  govern- 
ment on  the  parts  to  avoid  the  double  danger  of  increasing  the 
tendencies  to  sec'ional  division  and  the  undue  growth  of  Executive 
power,  which  becomes  relatively  greater  in  our  system  as  we  mul- 
tiply in  numbers.  This  cannot  well  be  done  with  tho  expenditures 
and  the  funding  system  required  by  frequent  wars.  It  is  necessary 
too,  that  tho  vast  country  which  we  are  to  occupy  should  be  covereU 
with  a  homogenous  and  fraternal  people,  a  people  growing  in  in- 
telligence as  they  increase  in  power,  to  justify  us  in  hoping  for  that 
harmony  of  sentiment,  and  sound  and  enlightened  public  opinion, 
which  are  indispensable  to  the  successful  adiuinistration  of  popular 
institutions.  This  cannot  be  expected  if  alien  and  hostile  races  are 
to  lie  suddenly  incorporated  in  our  body  politic.  Indeed  it  is  much, 
the  less  sanguine  might  say  too  much,  to  expect  to  accomplish  the 
ends  wliich  1  have  supposed  to  be  within  the  legitimate  ranee  of 
our  hope.  Still,  sir,  I  believe  it  may  be  done,  if  we  are  true  to 
ourselves  and  faithful  to  our  mission.  We  have  already  accom- 
plished so  much,  our  past  course  has  been  so  wonderful  and  suc- 
cessful, that  it  would  seem  to  be  not  extravagant  to  entertain  this 
hope  for  the  future.  Experience  demonstrates  that  the  progress  of 
public  intelligence  and  virtue  diminishes  the  range  of  the  necessary 
interference  of  goveinment,  and  places  under  the  control  of  public 
opinion  and  the  guidance  of  individual  interest  man)-  subjects  which 
heretofore  have  been  regulated  by  law.  If  the  cohesive  power  of 
the  bonds  by  which  our  society  is  held  together  is  daily  weakened 
by  the  extension  of  our  population,  it  is  also  daily  strengthened  by 
improvements  in  the  means  of  intercourse.  The  introduction  of 
the  principles  of  free  trade  removes  many  of  the  causes  of  sectional 
jealousies  and  diminishes  the  subjects  of  necessary  lef;islation.  If 
the  extension  of  our  people  increases  the  difficulties  of  free  govern- 
ment, the  march  of  mind  dcvclopes  new  resoiu'ces  for  overcoming 
them.  That  there  are  limits  to  this  capacity  is  not  to  bo  denied; 
but  it  is  equal,  I  believe,  to  the  accomplishment  of  the  mission  upon 
which  we  were  sent.  Can  a  more  magnificent  destiny  be  con- 
ceived than  the  realization  of  such  hopes?  T^»  fill  a  continent  of 
space  with  all  the  elements  of  light,  life,  and  civilization,  in  their 
purest  forms  ami  highest  combination — to  \ft'ing  from  the  reluctant 
grasp  of  earth  the  fruits  which  she  yields  only  to  human  skill  and 
industry,  and  to  discover  resources  in  the  boundless  stores  of  na- 
ture for  every  new  or  increasing  want  which  a  progressive  civ- 
ilization may  develoji — to  acquire  a  moral  influence  more  exten- 
sive and  enduring  than  any  power  of  the  sword,  and  which  en- 
forces homage,  not  from  the  lips,  but  the  heart  of  everv  human 
being  who  can  feel  the  force  of  benificent  example.  Happy  our- 
selves, and  the  cause  of  happiness  in  others,  what  higher  tribute 
could  we  olfer  to  Him  who  has  endowed  us  with  such  unparalleled 
advantages,  than  the  spectacle  of  such  a  power  guided  by  the  spirit 
of  justice  and  moderation,  and  directed  to  virtuous  ends?  But,  Mr. 
President,  great,  glorious,  and  exciting  as  13  this  picture  of  our 
future,  we  must  reverse  it  all  if  we  take  the  other  course,  and 
launch  into  a  career  of  war  and  conquest.  If  we  expect  to  in- 
crease from  plundering  the  stores  of  others,  if  we  wish  to  acquire 
ijlory  from  the  skill  with  which  we  work  that  human  macliine 
called  an  ariiiy,  and  to  cmula^e  the  march  of  those  who  carved 
their  way  with  tho  sword,  it  may  be  well  to  look  to  the  end  of  that 
road  before  we  take  it.  Undoubtedly  we  have  the  power  to  be- 
come a  scourge  to  others,  but  there  is  danger  that  we  may  leave  our 
own  life  in  the  sling.  There  arc  daily  symptoms  of  a  growing  dis- 
jiosition  in  the  public  mind  for  wars  of  conquest,  which  I  have  ob- 
served with  tho  deepest  regret.  The  conscious  vigor  of  early 
mnnhood  is  generally  ambitious  of  display.  But,  I  believe,  that 
there  could  be  no  im]iartial  and  intelligent  observer  of  our  position 
and  the  circumstances  which  surround  us,  who  would  not  decide 
that  it  is  ourselves  more  than  others  whom  we  need  to  conquer. 
Wo  already  hear  of  a  public  opinion  forming  for  the  absorption  of 
the  whole  of  Mexico  or  its  annexation  as  an  dependent  province. 
No  su«U  propositions  havo  been  formally  made  in  this  body;  but 


February  7. J 


THE  TEN  REGIMENT  BILL. 


231 


tho  tone  of  some  of  the  public  prints  and  much  that  has  fallen  from 
Senators  in  the  course  of  this  discussion  are  well  calculated  to  in- 
spire apprehension  in  relation  to  the  growth  of  such  desires.  Sir, 
I  was  glad  to  hear  the  chairman  of  Foreign  Relations  declare  that 
the  President  entertained  no  such  idea.  I  had  not  supposed  that 
he  would  have  indulged  it — but  I  felt  most  deeply  the  force  of  the 
declaration  of  the  distinguisljed  Senator  that  the  course  of  events 
might  force  us  in  that  direction.  I  was  gratified  to  hear  the 
Senator  say  that  ho  had  no  such  purpose  at  present,  but  tho  course 
of  the  argument  in  which  he  met  the  views  of  the  able  Senator  from 
Tennessee  struck  me  as  ominous  and  alarming.  Tho  Senator  from 
Tennessee  presented  a  striking  and  glowing  description  of  the  evils 
likely  to  ensue  from  tho  execution  of  these  schemes,  and  the  Sena- 
tor from  Arkansas  met  him  with  arguments  designed  to  show  that 
no  such  dangers  were  to  be  apprehended  from  them;  but  on  the 
contrary,  if  I  understood  him,  that  the  consequences  might  be  ben- 
eficial. Now,  sir,  why  was  this  so,  if  the  Senator  did  not  to  some 
extent  favor  the  project  under  discussion?  We  all  know  that  he  is 
a  practical  man.  Ho  has  no  idle  love  for  mere  logomachy.  He 
did  not  use  such  arguments  merely  to  show  that  his  ingenuity 
was  equal  to  the  task  of  making  tho  worse  appear  the  better  side. 
No,  sir,  he  |)resenled  these  views  because  he  felt  their  force  and  be- 
lieved in  their  truth,  and  I,  for  one,  regard  these  declarations  as 
amongst  the  most  ominous  signs  of  the  times.  The  distinguished 
Senator  from  Michigan,  chairman  of  Military  Affairs,  has  expressed 
the  opinion  that  w-e  might  swallow  all  of  Mexico  without  its  killing 
us.  and  my  attention  has  lately  been  called  to  a  letter  from  the 
second  otTicer  in  this  government  to  a  public  meeting  in  New  York, 
in  which  he  seemed  to  consider  it  as  neither  an  improbable  nor  in- 
glorious idea  that  we  were  to  assume  "  the  guardianship  of  a 
crowded  and  confederated  continent."  Where  are  we,  Mr.  Presi- 
dent? What  has  become  of  those  maxims  of  prudence  and  caution 
by  which  we  used  to  regulate  the  course  of  our  puMic  atfdirs? 
What  new  lights  have  beamed  upon  us  since,  and  under  what 
shadow  is  hidden  the  dim  religious  ray  of  that  lamp  of  experience 
by  which  our  fathers  were  wont  to  guide  their  feet?  It  seems  to 
have  been  lost  sight  of  in  the  intensity  of  our  gaze  upon  the  Aurora 
Borealis  of  54°  40',  or  the  more  attractive  lustre  of  the  Southern 
Cross  towards  which  our  God  Terminus  seems  to  be  advancing 
with  all  the  speed  of  forced  marches.  Can  it  be  gravely  contem- 
plated, Mr.  President,  to  incorporate  eifrht  or  nine  millions  of  such 
a  people,  aliens  in  race  and  hostile  in  leeling  with  oiu-  own?  Is 
there  nothing  in  the  free  Anglo-Saxon  spirit  which  revolts  at  the 
idea  of  an  equal  association  with  such  a  mixture  of  Spaniard,  In- 
dian and  Nearo?  W^uuld  our  people  ever  agree  to  admit  such  a 
population  to  equal  rights  and  privileges  with  themselves;  or  would 
they  submit  to  a  goveinment  in  which  it  was  felt  as  a  power- 
ful political  element?  Where  then  would  be  found  that  sound  and 
enlightened  public  opinion  which  is  the  moving  power  and  living 
principle  of  our  government?  Where  the  cohesive  bond  of  the  fra- 
ternal spirit  of  a  homogenous  people  which  is  so  essential  to  just 
and  harmonious  action?  The  Mexicans  have  tried  the  experiment 
of  administering  a  government  like  ours,  and  failed  from  the  want 
of  public  virtue  and  inteUigenee.  Would  they  become  better  by 
association  with  us,  or  should  we  become  worse?  Mr.  President, 
should  tho  experiment  ever  be  attempted  of  inccrporating  such  a 
population  with  ourselves  it  will  be  found  that  our  people  will  not 
submit  to  it.  The  Union  would  be  dissolved,  or  our  form  of  s»ov- 
ernment  would  be  changed  in  elTecting  it.  But  the  Senator  from 
Arkansas  has  a  summary  mode  of  disposing  of  this  difficulty.  He 
savs,  if  I  understand  him,  that  he  would  "enact  proper  naturaliza- 
tion laws  which  treated  the  white  man  as  a  white  man,  and  the 
Indian  as  an  Indian."  Does  the  gentleman  forget  that  the  Indian 
and  mixed  races  constitute  six-sevenths  of  the  entire  Mexican 
population?  Does  he  remember  that  these  Indians  £  re  the  descend- 
ants of  those  who  more  than  two  centuries  ago  had  established  a 
civilization  whose  monuments  still  strike  the  beholder  with  wonder 
and  admiration?  A  civilization,  perhaps,  not  very  greatly  inferior 
to  that  of  his  invader.  Does  he  forget  that  these  people,  after  the 
first  Mexican  revolution,  were  admitted  to  equal  rights  and  privi- 
leges with  the  other  races,  and  to  some  extent  have  enjoyed  a 
share  in  the  administration  of  justice  and  the  direction  of  the  gov- 
ernment? When  he  reflects  upon  tho  nature  and  constitution  of 
our  own  legislature  does  he  expect  to  be  allowed  to  place  these 
people  under  the  government  of  Indian  agents?  Is  he  quite  sure 
that  he  would  have  to  meet  none  of  those  questions  to  which 
a  Southern  man  is  most  sensitive,  in  his  at'empts  to  regulate  this 
Indian  government  according  to  his  wishes? 

But  there  is  another  form  of  the  proposition  which  is  more  dan- 
gerous, because  it  is  more  plausible.  I  mean  tho  annexation  of 
Mexico  as  a  dependent  province — a  scheme  which,  I  fear,  many 
entertain,  and  which,  some  of  my  friends  assure  me,  is  daily  grow- 
ing in  popular  favor.  Where,  sir,  is  the  warrant  for  such  a  pro- 
position either  in  the  spirit  or  letter  of  the  constitution  ?  The  let- 
ter certainly  contains  no  such  authority,  and  if  the  spirit  of  our 
past  professions  and  institutions  a.ssert  any  one  thing  more  emphati- 
cally than  another,  it  is  the  right  of  a  people  to  self-government. 
To  hold  a  foreign  province  for  military  purposes  during  a  war,  is 
undoubtedly  legitimate  ;  but  to  hold  peopled  provinces  as  perma- 
nent dependencies,  is  utterly  incompatible  with  our  system  of  go- 
vernment. It  requires  tho  pencil  of  no  extravagant' fancy  to'dc- 
pict  many  ruinous  consequences  of  such  a  measure  ;  but  who  can 
point  us  to  its  benefits  ?  What  are  we  to  gain  by  it  ?  We  should 
have  the  care  and  trouble  of  governing  them,  and  if  they  paid  the 
expenses  they  would  do  more  than  is  done  by  most  provinces,  or 
any    of  the   civilized  nations   in  modern    times.     The    taxes  to 


support  their  own  government  are  as  much,  or  more,  than  any 
civilized  people  have  borne  in  later  days.  There  is,  I  believe, 
no  dependency  of  tho  British  empire,  whose  government  has  not 
cost  more  than  its  people  contributed  There  is  no  governniont  in 
Europe,  heavily  taxed  as  aro  its  people,  which  has  not  incurred  a 
debt  in  addition  to  the  expenditure  of  all  that  could  be  raised  by 
annual  taxation.  The  expenses  of  their  governments  and  of  the 
wars  necessarily  incident  to  their  separate  national  existence,  have 
been  greater  than  any  civilized  nation  has  paid — our  own  hein"  no 
exception  to  the  rule  ;  for  all  are  in  debt,  and  in  debt  incurred  for 
the  support  of  their  governments.  Hovi-,  then,  can  we  expect  to 
secure  a  pecuniar;,  indemnity  by  retaining  Mexico  as  a  province  ? 
With  all  tho  inducements  of  national  pride,  they  have  never  been 
able  to  support  tho  government  of  their  own  choice,  and  is  it  to  be 
expected  that  they  would  do  more,  or  could  be  made  to  do  more,  for 
a  government  of  foreigners  which  was  odious  to  them  ?  If  not 
raised  by  taxation,  where  is  the  money  for  indemnity  to  be  obtain- 
ed ?  They  have  no  national  domain  of  much  value  of  which  we 
are  aware.  The  mines  aro  private  property,  and  would  probably 
yield  us  but  little  mure  than  they  have  already  jiroduced  in  taxation 
to  the  Mexican  government.  No  one  would  propose  to  confiscate 
private  property,  or  that  of  the  church.  Sir,  the  result  woidd  be, 
that  we  ourselves  should  be  forced  to  contribute  largely  for  the  ex- 
pensive amusement  of  governing  a  people  who  detested  us  and  our 
yoke.  It  would  constitute  an  annual  drain  upon  us  of  millions  to 
sustain  the  public  oflicers  and  the  army  necessary  for  their  perma- 
nent subjection.  I  repeat  the  verv  pertinent  iuquirv  of  the  Senator 
from  Tennessee,  what  should  we  do  with  their  church  establish- 
ments ?  The  Senator  from  Arkansas  said,  as  I  understood  him, 
that  other  nations  had  overcome  such  dilficulties,  and  why  might 
not  we  do  the  same  thing  ?  The  gentleman  forgets  that  we  have 
a  special  dilHculty  in  the  way,  which  they  did  not  have  to  encoun- 
ter. Ours  is  the  only  government,  with  which  I  am  acquainted, 
whose  constitution  positively  forbids  a  connection  between  church 
and  state.  In  all  other  governments,  with,  perhaps,  one  excep- 
tion, such  a  connection  exists  j  but  our  conslilution  forbids  it,  and 
the  religious  and  political  feelings  of  this  country  would  botji  re- 
quire tiiat  there  should  be  no  church  established  by  anv  govern- 
ment over  which  wc  had  control. 

[Hero  tho  Senator  from  Arkansas  informed  Mr.  H.  that  he  had 
misunderstoed  him,  he  had  proposed  religious  toleration  as  a  mode 
of  escaping  the  difficulty. 

I  beg  pardon,  Mr.  President  ;  I  did  not  mean  to  misrepresent 
the  Senator  from  Arkansas,  but  his  correction  only  brings  me  the 
more  speedily  to  the  conclusion  to  which  I  was  arriving  in  another 
mode.  Yes,  sir,  we  should  have  to  introduce  religious  toleration, 
and  dissolve  all  connection  between  church  and  itate,  if  we  assume 
the  government  of  that  people — a  step  which  would  increase  vast- 
ly the  difficulty  of  holding  that  country  as  a  dependent  province. 
Whoever  will  examine  the  nature  and  eonstituence  of  that  popula- 
tion, and  survey  their  past  history,  must  be  convinced  that  the 
church  is  the  key-stone  of  tho  arch  which  has  sustained  tho  fabric 
of  Mexican  society.  Four-sevenths  of  that  entu-e  population  aro 
Indians,  two-sevenths  of  the  mixed,  and  only  one-sevcnth  of  the 
pure  white  race.  A  hierarchy  seems  to  have  been  peculiarly  sui- 
table to  the  genius  and  tastes  of  the  larger  and  more  suflcring  por- 
tion of  that  people  ;  I  mean  tho  Indian  race.  It  is  difficult  to  be- 
lie^'e,  that  without  this  common  bond  of  a  church  establishment, 
there  would  not  have  been  frequent  wars  between  the  races,  or 
that  we  should  have  seen  even  the  little  of  unity  and  harmony  of 
national  movement,  which  their  history  has  exhibited.  Destroy 
this,  as  we  should  be  constrained  to  do  if  we  assumed  their  gov- 
ernment, and  we  should  not  only  destroy  whatever  social  unity  ex- 
ists, but  we  should  have  to  encounter  their  positive  hostiUty  in- 
flamed bv  religious  zeal,  in  addition  to  the  opposition  of  the  vis  171- 
crlia  of  Spanish  character,  formidable  cnougii  in  its-elf.  Sir.  with 
these  difficulties  in  our  way.  the  man  is  not  yet  born  who  would 
outlive  the  necessity  of  a  large  standing  army  in  that  countrv,  to 
keep  it  in  subjection.  I  venture  to  say  that  it  would  prove  the 
most  expensive  dependency  with  which  any  nation  has  ever  been 
cursed  in  modern  times.  But,  Mr.  President,  this  is  not  the  most 
serious  view  of  the  question.  What  would  be  the  political  elfeets 
of  such  a  connexion  upon  ourselves  ?  To  whom  wxuild  enure  the 
vast  power  and  patronage  of  such  ,a  government  ?  I  know,  sir, 
that  the  Senator  from  Arkansas  estimates  lightlv  this  matter  of 
patronage,  and  for  no  other,  or  better,  reason,  than  that  its  exer- 
cise gives  trouble.  But  patronage  is  power,  and  when  has  power 
been  an  object  of  indifference  to  ambition  ?  No  power  can  he  ex- 
ercised without  trouble,  but  wc  do  not  .see  men  pursuing  it  the  less 
eagerly  on  that  account.  It  was  not  thus  that  the  fathers  of  the 
republic  reasoned,  and  I  trust  that  the  day  is  far  distant  when  our 
people  will  consider  the  questions  of  patronage,  and  its  eill.^cts  up- 
on the  distribution  of  power  in  our  system,  as  light  and  unimpor- 
tant matters.  Sir,  this  power  and  patronage  would  enure  to 
the  President  of  the  United  States,  who  would  appoint  all  the 
officers,  and  direct  the  armv  that  conducted  the  g'»vcrnment. — 
There  would  be  no  department  of  that  government  elected  by  our 
people,  but  every  man  concerned  in  it  would  hold  his  office  from 
the  Executive.  The  whole  benefit  derived  by  any  body  from  such 
an  occupation  of  Mexico,  would  be  derived  by  those  officials, 
who  would  enjoy  the  profits  of  the  job  of  governing  the  country, 
and  these  would  hold  their  places  at  the  Executive  pleasure.  How 
long  could  we  expect  him  to  be  true  to  both  his  functions  as  Presi- 
dent of  the  United  States  and  Mexican  Imperator?  Is  there  no 
danger  that   he  would  use  his  Mexican  royalty  to  acquire  a  more 


THE  TEN  REGIMENT  BILL. 


I  Monday, 


permanent  tenure  of  office  at  home  ?  For  all  moral  and  political 
purposes  he  would  be  the  sovereign  of  both.  It  is  idle  to  say  thai 
the  elective  feature  of  the  office  would  restrain  him.  With  such 
powers  and  patronage  he  woiifd  reurdale  the  «^onvcntirnis  and  elec- 
tions as  he  pleased,  or  dispense  with  hoth,  if  he  should  prclcr  it. — • 
When  wc  estimate  the  fatal  influences  of  hundreds  of  millions  ol 
funded  debt,  which  the  wars  necessary  for  the  pcrnianeni  occupan- 
cv  of  Mexico  upon  these  terms  would  occasion,  .ind  add  to  all  the 
ciTect  of  the  enormous  additions  to  the  K.^icculivc  palrr.naL'c.  is 
there  any  santruine  enough  to  hope  that  our  rcpidilic  could  expect 
length  of  days  under  such  a  state  of  ihinirs?  Hut  the  hope,  idlo 
as  it  is,  seems  to  be  entertained  by  some,  that  Mexico  could  be 
made  to  pay  the  whole  of  these  expenses,  and  maintain  the  ariny 
necessary  for  her  subjugation.  ,Suppo.se  it  were  the  case  ;  we,  the 
represcn'tatives  of  a  sclf-L'oyerninir  people,  are  far  from  bcin^r  vjn-i. 
lant  enoujh  in  superintcnrlinL'  'he  .-xpcnscs  of  our  soycrniiicnl ; 
who  would  there  be  to  watch  with  any  thing  like  a  guardian's  care 
over  expenditures  in  Mexico,  when  our  own  constituents  contribu- 
ted nothing  |o  pay  them?  I  can  tell  you  who  would  investigate 
them  closely  and  he  ahme— 1  mean,  sir,  the  Prcsidenl  ..f  the  Uni- 
ted States,  who  wouM  derive  all  the  bcneHls— he  would  hiok  eIo.sc- 
ly  to  the  revenue,  from  which  he  suslained  a  power  exterior  to,  and 
in  a  "reat  measure  indcjiciidcnt  of,  the  people  of  the  United  States. 
It  has  been  said  iiy  an  acute  writer  on  Roman  affairs,  that  the  first 
chan"e  in  their  polity  which  was  fatal  to  liberty,  occurred  when 
Scipio  Africanus,  to  relieve  the  Roman  people  from  some  of  the 
burthens  of  war.  was  allowed  to  raise  the  supplies  necessary  for 
his  African  expedition,  in  the  province  which  was  assigned  to  him 
and  the  allied  towns  in  wbicli  he  was  popular.  To  a  great  extent, 
the  supplies  were  thus  raised,  and  the  Roman  people  relieved  from 
immeiliate  pressure  ;  but  the  first  of  a  long  line  of  precedents 
was  established,  which  made  the  military  independent  of  the  civil 
authority,  and  ended  in  giving  it  the  entire  mastery  of  the  govern- 
ment. 

If  we  entertain  Roman  ideas  of  conquest,  wc  must  refer  to  Ro. 
man  examples  to  see  how  far  they  are  consistent  with  liberty. — 
But  it  may  be  supposed  that  the  indirect  advantages  derived  Irom 
a  trade  with  Mexico,  regulated  with  reference  to  our  own  inter- 
ests, would  compensate  us  for  the  expenses  of  subjun'atiou  and 
government.  A  little  reflection,  1  think,  will  dispel  tliat  illusion. 
If  we  obtain  the  wild  country  along  the  northern  frontier  of  Mexi- 
co, together  with  some  f?f  tlie  ports  on  (he  PaciHc,  we  shall  --tanil 
in  such  a  relation  to  her  that  the  rcfult  of  a  high  luriti'im|io.scd  by 
her  would  "ive  us  nearly  the  whole  trade,  as  it  coidd  not  possibly 
be  enforced  against  us  on  such  a  line.  If,  on  the  other  band,  ber 
tarifi' be  low,  we  should  enjoy  nearly  all  the  advantages  of  an 
unrestricted  trade,  without  the  expense  and  the  crime  of  her  per- 
manent subjugation.  Indeed,  putting  aside  the  question  of  expense, 
I  believe  that  the  direct  pecuniary  gains  of  a  commerce  under  low 
duties,  with  a  people  improving  and  increasing  under  a  govern- 
ment administered  by  themselves,  would  be  far  greater  than  even 
an  exclusive  trade  with  such  a  people  as  they  must  become  under 
a  foreign  yoke.  Few  will  doubt  that  our  trade  with  Great  Britain, 
with  all  the  burthens  imposed  on  it  by  tariffs,  has  been  more  advan- 
tageous to  the  mother  country  than  it  would  have  been  if  the  for- 
mer state  of  colonial  depcudcnce  had  remained.  But,  Mr.  Presi- 
dent, I  have  only  touched  upon  a  portion  of  the  conseiiuences  that 
would  inevitably  result  from  such  a  step.  If  we  once  commence 
the  career  with  the  absorption  of  Mexico  by  conquest,  and  thi- 
experiment  should  result  as  favorably  as  those  expect  who  incline 
to  the  measure,  is  it  probable  that  we  should  m-  would  stop  at  that 
point?  Is  there  any  instance  of  a  nation  that,  paused  in  such 
a  career,  until  forced  to  do  so  by  ilomcstic  niisfr«rtuiies  or  superior 
force  from  without?  The  very  class  which  war  creates,  and  which 
it  supplies,  by  conquest,  with  the  means  to  obtain  the  mastery  at 
home,  will  ever  continue  to  push  that  career  of  conquest  so  long 
as  the  opportunities  of  plunder  abroad  afford  the  temptation  to 
advance.  The  moment  they  are  prevented  from  plundering  abroad, 
they  commence  the  same  opcratitni  at  home;  and  it  iint'ortunately 
so  happens  that  in  empire  Slathered  by  coiKjuest  tlie  only  practica- 
ble limits  ever  found  to  their  power  has  been  in  the  exhaustion  of 
the  subjects  of  their  exactions.  Sir,  this  class  is  no  mere  creature 
of  my  imagination;  it  is  one  known  to  history,  and  has  been  so  well 
described  by  one  of  the  masters  ofhuman  thought  and  of  the  F.nglish 
language,  that  I  shall  beg  leave  to  borrow  bis  words  lor  the  de- 
scription :  "  The  wars  of  civilized  nations,  (says  Dr.  Johnson.) 
make  very  slow  changes  in  the  system  of  empire.  The  public 
perceives  scarcely  any  alteration  but  an  increase  of  debt;  and  the 
lew  individuals  who  are  benefitted,  are  not  supposed  (o  have 
the  clearest  right  to  these  advunlages.  If  he  that  shared  the 
flangcr  enjoyed  the  profit,  and  after  bleeding  in  the  battle  grew 
rich  by  the  victory,  he  might  show  his  gains  without  envy.  '  But 
at  the  conclusion  of  a  ten  years'  war.  how  arc  Me  recompensed 
for  the  death  ol  multitudes  bvu  by  conteniplatins  the  sudden  glories 
of  paymasters  and  agents,  contractors  and  commissaries,  whose 
equipages  shine  like  meteors  and  whose  palaces  are  like  exhala- 
tions  ? 

"These  are  the  men  who,  without  labor  or  hazard ,  are  growin-; 
ricdi  as  their  country  is  impoverished;  they  vejoiee  when  obstinacy 
or  ambition  adds  another  year  to  slaughter  and  devastation  ;  anil 
lnu"h  from  their  desks  at  bravery  and  science,  while  they  arc 
adding  figure  to  figure  and  cipher  to  cipher,  hoping  for  a  new  con- 
tract from  a  now  armament,  and  computing  the  profits  of  ,-i  siene 
or  a  tempest."  " 

If  this  career  of  conquest  should  ever  be  favorably  commenced 
by  us,  there   is  no  power  in   this  country  to  stay  ii,  until  it  is 


stopped  by  the  hand  of  God  and   the   retributive  dispensations   of 
providence.     Sir,  I  firmly  believe  that  before  any   foreign   opposi- 
tion could  be  found  insufficient  strength  to  stop  i(,  wo   should  fall 
to  pieces  by  our  own  dissensions,  or   our   government   would   take 
the  organization  most  suitable  to  the  ends  of  conquest,  and  assume 
a  despotic   form.      The   debts  wiiich    these    wars   must   occasion, 
would  lead  to  lieavv  and  une([ual  taxation,  and    to  bitter   sectional 
disputes,  under   which   our   |)enplc   would   divide,  if  they   did    not 
think  it  better  to  take  refuse  under  one  master,  to  escape   the   ex- 
actions and  tyranny  of  many.     Of  all  the  governments  with  which 
I  am  acquainted,  our  federal  sovernment   is   most   endangered  by 
heavy  taxation  upon  the  people;  and  there  is  none  so  little  capable 
of  enduring  a  large  national  debt  without  an  organic  derangement 
of  its  maidiinory.     A  large  class   living   upon   the   funded  debt  of 
this  government,  would  be  more  dangerous,  if  not  more  terrible  to 
il ,  than  an  army  with  banners.     It   has   been   well    said    that    the 
most   important  revolution   in   the  English   goveinmcnt    occurred 
when  the  funding  system  and  the  bank  were  established  in  the  reign 
of  William  of  Orange.     From  that  period  a  fourth  estate  arose  in 
the  realm,  which  gradually  attained  the  mastery  of  all.     So  rapid 
was  its  rise  that  its  tendencies  were   foreseen   and   denounced   by 
TiOrd  Bolingbroke  at  that   earlv   period  of  its   growth,   and    Lorcl 
Chatham,  in  a  Ht  of  impotent  ra^e  is  said  to  have  defdared  that  — 
'_■  when  the  funds  are  falling,  we  may    he    sure    the    country    is 
rising"— -but,  as  if  possessed  of  some  inyisible    power,  it  grew  in 
spite  of  the  fear  and  hate  of  the  British  people:  and  the  "cannibals 
of  Change  Alley,"  as  Chatham  (tailed  them,  soon  became  the  arbi- 
ters of  the  fate  of  nations.     They  held  a  mortgage  upon  the  future 
labor  and  productive  power  of  the  country,  and  taxed  it  to  an  ex- 
tent which  wrtuld  have  been   deemed   incredible   had    we   not  wit- 
nessed the  reality.     They  worked  the  machinery  of  currency,  and 
holding  the  very  sinews  of  motion  in  government,  their   voice  was 
alike  potent  in  war  or  peace.     The  clay  feet  of  the  colossal  image 
of  French  power  crumbled  in  their  grasp,  and    the    British   shuttle 
plied  and  the  British  hammer  resounded  at    unusual    hours  of   the 
night,  unconscious  as  those  who  worked  them  of  the  secret  power 
at  whose  fiat  they  were  moving,  or  of  the  invisible  hand  which  was 
silently  dividing  tiie  loaf  in  every  palace,  in  every  hovel,  in   all  the 
habitations  of  the  land.  Colonies  were  added,  empire  was  enlarged, 
the  British  name  was  emblazoned  in  glory's   most   dazzling   dyes, 
but  the  stockholders  mortgage  was  increased,  and    British  sinews 
were  to  be  still    ftrther   stretched   to   provide  the    interest.     The 
two  acts  of  the  Bank  suspension,  under  Mr.  Pitt,  and  the  rcsump- 
liim  of  s))ecie  payments,  under  Mr. Peel,  in  1819,  both  of  which  were 
passed    under    this    influence,  are   said,   by  a  mere  alteration  in 
the  standard  of  value,  to  have  given  the   fund   holders  more    than 
•100,00(1,000  pounds  sterling,  or   about  S2,000,n00,000,  more  than 
they  were  entitled  to;  and  their  mortgage  upon  the  entire  industry 
and  produelive  power  of  Great  Britain  aipounts  now  to  eight  hun- 
dred millions  of  pounds  sterling.     This,   sir,    is   the  fourth   estate 
which  has  arisen  in  the  British  empire  only  since  the  days  of  Wil- 
liam of  Orange,  and  no\y  holds  undisputed   mastery   over   all   the 
others.     Can  we   raise" .such  an  interest   and  such   a  class  in   this 
country,  and  hope  to  retain  our  free  form  of  government   long  af- 
terwards?    Our  government  is  founded  upon  a  theory  quite  differ- 
ent from  the  English.     It  is  worked  by  public  opinion;   it  is  consti- 
tuted to  reflect  the  interests  and  the  feelings  of  the  people,  whose 
scifte  is  taken  by  parts  in  such  a  manner  as  to  obtain  every  possi. 
ble  security  in  self  interest  for  the  expression  ofjust  and  sound  sen- 
timent.    What  becomes  of  the  balances  of  our  curiously  adjusted 
machinery,  or  of  the  power  of  the  people  to  work  it.  if  we  create 
a  large  public  debt,  and  raise  up  a  class  who  live  upon  taxation,  and 
control  not  only  tile  eurreni-y,  but  what  is  far   more,    the    value  of 
the  entire  credit  of  the   country,   for  even  to   that   last   extremity 
must  its  power  extend.     There  is  now  but  one  estate  in  this  coun- 
try, constituted  of  the  entire  people;  shall  wc  raise  uji  another  of 
I'undholdcrs.  perhaps  the  more  powerful  of  the  two  ?      This,  sir,  is 
no  contingency;  il  is  a  certainty  fir  which  wc  must  prepare,  if  we 
enter  into  n  long  career  of  wars  of  conquest,  which  necessarily  oc- 
casion a   public  debt.     I  know  of  but  two  very  sueccessful   instan- 
i:es  of  empire  achieved  by  contpiest,  by  a  people  pretending  to  be 
free,  the  Roman  and  the  British,  and  the  apparitiim  of  this  monied 
interest  preceded  the  decline  ol'   the  one  aad  po.ssibly  presages  the 
fall  of  the  other.     The  result  of  the  Roman  (tareer  was  to  raise  up 
two  powers  in  the  coinurv;   the   army   and   the   cipiitcs  or  monied 
class,  who  lived  upon  the  management  and  the  plunder  of  the  pub- 
lic  fis<'.      If  they   were  not  so  predominant  as   tho  F.nglish  stock- 
holders, it  was  because  the  funding   system   was   then  unknown. — 
The  struggle  of  Cato  against  the  one  was  as  vain   as  Chatham's 
impotent  outburst  id' p.assion  against  the  other.      They  were   the 
necessary  fruit  of  a  constant  state    of  war.      That  they  owe  the.ir 
<irigin  in  England  to  this  cause  is  too  notorious    to   re(|uiro    proof: 
nor    will    any    one    deny    their    ]iredominant     imporlanco    in    the 
British  system.     Thev  have  not  ilestroycd  the  form  of  govornment 
as  yet,  because  it  was  framed  upon  diflerein  principles  from   ours, 
it  was  organized  to  en.ahic  the  lew  to  govern  the  many,  and  won- 
derfully eonstruclcd  for  such  an  end.      The   addition   of  the   fund 
holders  to  the  governing  class  increased  their  numbers   and   added 
to  their  sirongth,  so  long  as  there   was  a  capacity   inthemas.sto 
support  them  both.      Hut  when  that  limit  is  transcended,  and  that 
portion  of  the  goycrning  p;irty  who   hold   real   property   and   pay 
taxes,  find  that  they  are  called   upon  to  contribute  more  than  they 
receive  from  public  contribiilicuis,  then  will  commence  the  struggle 
in  which  tlic  great  body  of  the  people  may  profit    by    their  dissen- 
sions, and  change,  perhaps,  the  whole  fabric  of  their  govcrnmcijt 
But  docs  any  man  believe  that  our  institutions  could  exist  under 


February  7.] 


THE  TEN  REGIMENT  BILL, 


233 


the  weight  of  taxation  to  which  the  British  people  have  been  ex- 
posed.    Sir,  there  is  not  power  enough  in  this  ijovernraent  to  im- 
pose and  colleet  such  a  tribute  from  the  great  body  of  our  people. 
Mr.  President,  I  have  drawn  some  of  my  illustrations  from  Roman 
and  British  experience,  not  only  because  they  furnish  the  most  ap- 
posite instances,  but  because  tlieir  examples  I  fear  are  too  familiar 
and  seductive  to  the  imaginations  of  our  statesmen.     And  yet,  sir, 
when   fairly  analyzed,  they  are    not   worthy  of  our   imitation,  nor 
did  they  produce  results  eqnal  to  the   hopes  which  we  may  justly 
entertain  from  pursuing  another  career.     They  had  too,  an  excuse 
which  we  cannot  offer,  the  career  of  conquest  was  in  some  degree 
forced  npon  them  by  their  position  which  made  it  almost  necessary 
for  them  either  to  conquer  or  be  conquered.     No  vast  and  eontigu- 
ous  and  unoccupied  domain  lay  before  them  to  peoulo  and  plant — 
fierce,  powerful,  and  hostile  neighbors   surrounded  tbcm — but  we 
are  more  fortunately  situated.    Nor  did  they  achieve  their  success 
without  paying  penalties   for  which  no  acquisition   by   conquest 
could   be  considered    as  compensation  by  us.     The  very  extent  of 
Roman  dominion  produced  a  necessity  for  organic  cliangcs  in  their 
government  ;  to  preserve   the  unity  of  the  empire,  it  became  ne- 
cessary to   extend  the   privileges  of  the  conqueror  to  the  conquer- 
ed.    The  haughty  Quirites  were  forced  to  admit  the  Spaniard  and 
the  Gaul  to  seats  in  that   Senate,  which  it  had  been  so  long  their 
exclusive   privilese   to  fill — the   influence  of  the  provinces   which 
their  arms  had  subdued,  conquered  in  the  end  the  Roman  spirit  it- 
self.    In  such  an  empire  the  equality  of  free  and  self-governing  ci- 
tizens became  impossible,  and  they  sought  equality  in  what  has  been 
well  characterised  as  the  "dead  level  of  an  oriental  despotism" — 
Rome,  the  Imperial  city,  lost  all  that  commands  respect  in  power 
and  was  restricted  to  the  meretricious  influences  which  a  metropolis 
exercises  over  a  court.     This  was  in  the  nature  of  things — Unless 
there  be  a  fusion  of  races  between  the  conqueror  and  conquered,  the 
body  politic  can  never  exhibit  the  united  power  of  both,  but  its  real 
strength  is  the  dilference  between  the  greater  and  the  lesser  of  the 
hostile  elements — If  the  conquered  are  admitted  to  equal  privdeges 
with  the  conquerors,  they  will  subdue  them  by  influence  when  their 
strength  becomes  the  g/eater  of  the  two,  If  not  idmitted  to  such 
a  participation,  they  will  subdue  the  conqueror  by  force  when  their 
political   and   military  power  becomes   adequate  to  the  task.     It 
may  be  said  that  the  British  example   presents  more  encouraging- 
hopes.     But  would  we  take  her  conquests   along  with  her  debts  if 
*vc  could  ?  or  could  we  administer  a  government  over  such  depen- 
dencies without  a  change  in  our  own  institutions  ?     Considering 
their  whole  effects,  political  and  moral,  as  well  as  commercial,  on 
the  great  mass  of  the  British  people,  an  impartial  observer  would 
probably  decide  that  they  had  little  cause   to  rejoice  over  them. 
Her's  is  an  isolated  case  in  history.     For  the  last  two  or  three  cen- 
turies as  a  community  of  armed  traders  she  has  propagated  com- 
merce by  the  sword.     As  she  gradually  loses  her  commercial  and 
manufacturing  superiority  amongst  civilized  nations  she  forces  open 
new  markets  amidst  the  inferior  races  who  cannot  for  centuries,  if 
ever,  hope  to  rival  her  in  such  pursuits.     For  the  re-imbursement  of 
the  expenses  of  conquest,  she  looks  to  exclusive  privileges  in  trade 
and  this  monopoly  she  preserves  with  the  sword.    How  this  account 
may  stand  as  a  matter  of  pecuniary' profit  and  loss,  I  confess  I  am 
unable  to  determine.     It  is  to  be  reckoned  amongst  the  doubtful 
problems  in  political  economy.     The  armed  shepherd,  the  armed 
priest,  and  the  armed  trader,  have  each  swept  the  earth  in  their 
turns — the  accounts  of  the  two  first  with  posterity  have  been  set- 
tled long    since,   but  the  last  still  remains  to  be  closed.     How 
the  balance  sheet  will  stand  I  do  not  pretend  to  bo  able  to  deter- 
mine.    But  of  this  I  am  certain,  that   it  is  no  example  for  us  to 
follow.     For  independently  of  the  political  consequences  of  such 
a  career,  I  am  convinced  that  we  may  attain   all  the  commercial 
advantages  of  a  superiority  in  the  markets  of  the  world  by  pursu- 
ing the  course  marked  out  for  us  by  nature,  and  peacefully  extend- 
ing our  limits  without  violating  the  rights  of  others,  or  deranging 
the  machinery'  of  our  own  government.     Commercial  superiority 
will  belong  to  those  who  are  superior  in  social  organization,  in  civili- 
zation, in  the  useful  arts,  in  the  elements  of  productive  power,  and 
in  the  advantages  of  access  to  the  markets  most  valuable  to  a  com- 
mercial  people.     Such  a  people  as  ours  peacefully  developing  un. 
dcr  free   institutions,  and  filling  the  vast  extent  of  wild  country 
open  to  our  occupation  from  the  Atlantic  to  the  Pacific  shore  must 
enjoy  that  superiority  if  they  remain  true  to  themselves  and  their 
mission.     Our  mission  is  not  of  arms,  but  of  arts,  and  every  hour 
of  peace  is  rich  in  golden  opportunities  for  its  accomplishment.     It 
is  not  to  be  supposed   that  we  will  not   be  exposed  to  occasional 
wars,  and   I  am  happy  to  believe  that  we  have  ample  security  in 
the  spirit  of  our   people  against  the  aggressions  ol   others.     But 
that   spirit  needs  no  spur,  the  danger  is  that  its  generous  impetu- 
osity may  spurn  the  wholesome  restraints  which  should  moderate 
its  course. 

Mr.  President,  I  have  examined  the  question  of  the  true  mode 
in  which  our  future  progress  is  to  be  conducted,  because  I  firmly 
believe  that  it  is  a  subject  upon  which  the  public  mind  is  busy  at  this 
time.  Their  conclusions  upon  this  matter,  wdl  probably  deter- 
mine them  as  to  the  objects  for  which  the  present  war  "is  to  be 
waged  and  upon  that  subject  I  fear  that  there  is  a  great  and  dan- 
gerous conformity  of  opinion.  Those  who  believe  that  the  highest 
point  of  our  grandeur  is  to  be  reached  by  conquest,  inelincVith 
more  or  less  distinctness  of  view  to  the  annexation  of  all  Me,x- 
ico,  whilst  those  who  think  as  I  do  that  we  can  only  become  a 
great  as  well  as  a  free  people  by  preservmg  our  homogeneous  cha- 
racter and  increasing  by  growth,  desire  to"du-ect  our  march  to  the 
unoccupied  country  which  we   now  possess,  and  ought  to  acquire 

30th  Cono. — 1st  Session — No   30. 


from  her  when  we  close  the  war.  To  this  extent  I  would  go  and 
no  further — 1  do  not  want  their  people,  I  neither  wish  to  govern 
them,  nor  have  thjir  aid  in  governing  ourselves.  But  I  have  ma- 
ny reasons  for  desiring  to  acquire  a  portion  ot  their  territory  conti- 
gious  to  us  which  is  so  nearly  unoccupied  that  the  influence  of  these 
people  could  not  be  sensibly  felt,  as  a  political  clement  in  our  sys- 
tem. Where  that  line  should  go,I  do  not  pretend  now  to  deter- 
mine, but  the  limit  beyond  which  it  ought  not  to  go,  is  fixed  in  my 
mind — upon  that  point  my  opinion  is  made  up. 

In  specifying  the  acquisition  of  a  portion  ol    the  comparatively 
unoccupied  territory  of  the  Mexicans  as  one,  and  perhaps  the  lead- 
ing object  to  be   pursued  in   the  war,  I  do   not   mean  to   sav  that 
there  are  no  others   important  to  bo  obtained,  but  these  are  tc  ba 
determined  by  the  circumstances   of  the  case  when  the  trea'y  is 
made,     lint  the  acquisition   of  this  territory  will    be  important'  on 
many  accounts.     It   provides  not  only  for    whatever  indemnity  for 
the  war  can  be  obtained,  but  also  tiie  means  of  satisfying  the  pri- 
vate claims  against  the  Mexican   government.     It  is  a  species  of 
indemnity    which  would    benefit    both   of  the   belligercn'.s,  for  it 
would  avoid  one  of  the  inevitable  temptations  to  future  wars  be- 
tween the  parties.    That  this  country  is  destined  to  he  filled  hv  the 
advancing  wave  of  our  population  none  can  doubt,  and  it  is  equally 
clear  that  the  Mexican  race  can  never  occupy  it.     To  provide  for 
this  inevitable  event  in  such  a  manner  as   to  avoid  the  chance  of  a 
war,  and  secure  its  peaceable  accomplishment  is   an  object   to  be 
desired  by  bothpeople.     This  consideration  alone,  as   it  seems  to 
me,  might   satisfy  the    most   fastidious   in    relation   to    Mexican 
rights  or  wrongs  as  to  the  propriety  of  making  this  acquisition  of 
territory.     But  there  is  another  which  is  almcst  conclusive.     This 
country  is   mainly  in   the   occupation    of    Indians.     The  Mexican 
population  has  receded  instead  of  advancing  into  it,  and  the  Indi- 
ans  are  actually  extending  their   borders    southward.     Now,  the 
right  to  extinguish  Indian  title,  and  to  substitute  a  civilized  for  c. 
savage  race  who  do  not  fulfil  the  condition  of  improving  the  land, 
upon  which  the  practice  of  nations,  and  perhaps  the  law  of  nature 
gives  property,  depends  upon  the  cajiacity   to  occupy,  and  without 
that  capacity  no    people   can  fairly   claim   territory.     If  there  is 
neither  an  occupation  nor  a  capacity  to  occupy,  the  right  to  appro- 
priate Indian  territory  for  the  uses  of  civilization  belongs  to  those, 
who  have  the  capacty  to  do  it,  and  of  those  capnhlc   of  doing  it, 
the  contiguous  have  the  best  title.     It  may  be    said,  that  timehas 
not  been  given  to  test  fairly  their  capacity  to  occupy  this  country. 
But  it  is  a  persuasive,  if  not  a  decisive  fact,  that  they  are  receding 
before  the  Indian  population.     I  acknowledge  that  this  considera- 
tion would  not  justify  us  in  seizing  upon  this   territory  if  the  two 
nations  were  at   peace;  but  it  may  fairly  be  estimated  as  stren^th- 
cning  the  rights  acquired  in  war.     I  make  this  admission,  because 
the  right  to  seize  Indian  territory  upon  the  ground  that  the  civiliz- 
ed nation  claiming  it  has   no   capacity   to   occupy  it  can  only  be 
fairly  exercised  wlien  the  fact  upon  which  it  depends  is  ascertained 
beyond  a  doubt.     Even    then  it  may   be  a   question    of  prudence, 
whather  the  war  which  it  might  occasion  would   not  produce   so 
much  mischief,  that   the  exercise  of  the  right  would  probably  not 
aflbrd  benefits  enough  to  compensate  for   it;  but  the  right  it.self  is 
as  clear  as  the  right  of  the  civilized  man  to    appropriate  spareely 
populated  savage  territory  to    his  own    higher   uses.     The  same 
reasoning,  and  the  same  laws  apply  to  both  cases.     But  be  that 
as  it  may,  Mr.  President,  the  question  is  determined  by  the  fact, 
which  I  believe  exists,  that  a  lasting  peace  between  the  two  coun- 
tries will  depend   upon  such  an  acquisition.     There  is  yet  another 
object  important  to    be  obtained  whenever   a  treaty  is    concluded, 
and  that  is  to  ensure  a  commerce  with   the  Mexican  people  upon 
as  favorable  terms  as    other   nations   may  enjoy.     I  do  not  mean 
that  this  should  be  a  Sine  qua  non,  because  the    circumstances  at- 
tending our  position  along  her  frontier  would  secure  this  result  in 
the  end,  although  they  might  not  produce  it  as  speedily  as  an  im- 
mediate treaty  stipulation.    Still  this  object,  though  not  indispensa- 
ble, is  desirable.     I  believe,  sir,  that  the  war  ought  to  be  conduct- 
ed so  as  to  secure  these  ends  with  as  small  expense  of  money,  and 
as  little  effusion   of  blood  as    poss.ble.     I  will    go    further,  sir.      I' 
think  it  oucht  to  be  so  conducted  as  to  prevent  the  entire  disinteg- 
ration of   Mexican  society,  and  to  leave  as   lar  as  possible    a  just 
proportion  amongst  the  elements  out  of  which  their  social  fabric  is 
to  be  reorganized.  It  is  our  interest  that  they  should  become  as  free, 
as  happy,  and  as  prosperous  a  people  as  may  be  compatible  with  the 
capacities  of  their  race.    If  I  should  ever  live  to  see  the  return  of 
peace,  I  should  rejoice  in  the  belief,  if  circumstances  permitted  it, 
that  it  was  the  harbinger  of  better  days,  and  higher  hopes  to  the 
Mexican  people  themselves.  But,  sir.  the  most  doubtful  question  of 
all  is,  as  to  the  best  mode  of  so  conducting  the  war  as  to  attain  these 
objects.     Upon  this  subject,  too,  I  have  my  opinions,  but   I   am  so 
conscious  of  ray  want   of  military  knowledge,    that  I  should  not 
present  them  to  those  who  have   so  much  better  sources  of  infor- 
mation, if  I  did  not  feel  it  to  be  due  to  candor,  to  present  my  views 
upon  subjects  which  all   are   oonsiderinff  and   discussing.     I  shall 
premise,  sir,  by  the  admission,  that  the  conduct  of  the  war  is  emi- 
nently an  Executive  function.     Universal  experience  has  shown  the 
necessity  for  unity  of  purpose  in  the  chief  command  of  the  opera- 
tions of  war.     It  would    be    as  absurd   as  impossible  for  the  two' 
houses  of  Congress  to  plan  a  campaign,  or  direct  the  details  of  ex- 
tensive military  operations.     When  a  clause  was  introduced  in  lb© 
federal  convention    empowering    Congress  to   make  war,  it  was 
amended,  and  the  word  ''declare"  was  substituted  for  "make"  upon 
the  express  ground  that  the  conduct  of  the  war  was  an  Executive 
function.     I  do  not   deny,  sir.  that   in  an    extreme  case    Congress 
could  refuse  the  supplies  for  the  purpose  of  stopping  a  war.     Thii 


234 


THE  TEN  REGIMENT  BILL. 


[Monday, 


very  oontiniency  was  contemplated  by  the  framers  of  our  consti. 
tutiori.  They  have  the  right,  too,  to  declare  the  objects  of  the 
■war,  and  here  iiijaiu,  I  admit,  the  possibility  of  an  extreme  case  in 
■which  thev  miijhl  refuse  a  measure  of  supplies  which  was  manifestly 
incompatible  with  the  avowed  purposes  of  hostilities.  But,  sir, 
I  do  maintain  tli;a  the  conduct  of  the  war  is  in  the  main  an  Exe- 
cutive function,  and  It  must  be  an  extreme  case  to  justify  the  in- 
terference of  Congress  in  relaiiuu  to  the  plans  of  campaign.  In 
declarinir  these  my  views  as  to  the  manner  in  which  the  war  should 
be  conducted,  it  is  not  my  purpose  to  contribute  by  rny  vote  in 
making  any  plan  of  campaign  a  condition  of  the  supplies.  No 
such  extreme  case  has  oecurcd  as  would  justify  Cong'ress,  in  my 
opinion,  for  such  an  interference.  The  responsibility  of  conducting 
the  war  is  upon  the  President,  and  I  am  not  disposed  to  take  it 
upon  myself  by  forcing  on  him  a  plan  of  campaign  which  his  own 
judgment  rejects.  I  shall  vote  for  the  supplies  which  he  now  asks, 
and  has  declared  to  be  necessary  as  the  means  to  enable  him  to 
meet  his  responsibilities,  and  1  oiler  my  views  as  to  the  conduct  of 
the  war  for  no  other  purpose  than  to  contribute  to  a  full  comparison 
of  opinions  upon  a  suhjeet  which  engages  so  much  of  pubbc  atten- 
tion at  present. 

1  would  not  change  the  present  i)lan  of  operations  until  we  as- 
certain that  there  is  no  chance  for  peace  from  the  party  coming 
into  power  under  Horrcra  ;  but  if  no  treaty  sliould  be  obtained  in 
the  course  of  a  few  months,  I  think  then  we  should  adopt  what  has 
been  denominated  as  the  "  line  policy"  first  suggested  by  the  Sena- 
tor from  South  Carolina.  I  do  not  mean,  sir,  a  mere  territorial 
line,  bnundinir  the  portion  of  country  which  we  design  to  acquire, 
but  a  militarv  line,  comprehending  more  than  we  propose  to  take, 
an<l  litlcd  for  purposes  of  defence  or  offence,  as  future  exigencies 
may  re<|uire.  I  lielievo,  sir,  that  this  plan  would  have  met  with  a 
much  better  reception,  if  it  had  not  been  misunderstood,  and  sup- 
posed to  be  a  scheme  of  defensive  war,  when  in  reality  it  was  of- 
fensive war,  but  in  another  form  from  that  which  is  now  pursued. 
I  am  in  favor  of  occupying  such  a  line,  Mr.  President,  because  it 
would  secure  to  us  all  the  legitimate  objects  of  the  war,  as  speedi- 
ly, perhaps  more  so,  than  any  other  plan  which  has  been  suggested; 
because  it  would  save  much  money  and  suffering  in  the  future  pro- 
secution of  the  war  ;  because  it  would  diminish  the  vast  patronage 
arising  out  of  the  present  system  of  military  operations  ;  and  last, 
but  not  least,  "  di.sentangle  us,"  as  the  Senator  from  South  Caro- 
lina has  expressed  it,  from  a  dangerous  connection  with  Mexican 
affairs.  Several  military  lines  have  been  suggested,  all  of  them  pre- 
senting advantages  and  having  something  to  recommend  them.  I 
take  one,  for  the  purpose  of  comparison,  which  has  been  suggested 
to  me  by  my  friend,  the  distinguished  Senator  from  Mississippi,  (Mr. 
Davis,)  wliose  knowledge  of  the  subject  and  military  experience 
give  great  weight  to  whatever  opinions  he  may  express  upon  this 
matter.  This  lino  runs  from  Tampico  up  the  Pauuca  river  to  the 
Sierra  Madro,  with  this  range  and  thence  to  Agua  Nueva;  thence  to 
the  range  of  mountain  spurs  skirting  the  desert,  and  forming  a 
species  of  table  land  whose  streams  empty  into  the  Gila,  and  w'ilh 
this  range  to  a  point  below  the  junction  of  the  Gila  and  the  Colo- 
rado, and  thence  to  San  Diego.  This  line,  he  informs  me,  can  be 
impregnably  defended,  so  far  as  Mexican  means  of  offence  are  con- 
cerned, by  20,000  efficient  men.  This  is  a  larger  estimate  than  I 
have  seen  made  for  any  other  of  the  proposed  lines,  but  this  in- 
cludes more  territory,  and  to  make  the  comparison  fairly,  I  take 
the  largest.  With  a  sea-coast  battery  at  Tampico.  covered  by  a 
larger  ibrce  at  the  head  of  navigation  on  the  Panuca,  a  compara- 
tively healthy  place,  three,  or  perhaps  four  other  posts  are  all  that 
would  be  retjuired  to  be  of  any  magnitude.  Along  this  line  there 
are  but  three  or  four  passes  over  which  artillery  could  be  carried 
on  its  wheels.  The  concentric  range  of  the  Sierra  Madre  through 
most  of  the  populated  portion  of  the  country  through  which  our 
military  line  would  pass,  would  increase  its  self-supporting  capaci- 
ty, and  facilitate  a  concentration  of  troops  if  any  military  exigency 
should  require  it.  After  passing  Agua  Nucva  a  little,  the  country 
is  already  held  against  Mexico  by  Indian  tribes,  and  probably  no 
formidable  post  would  be  required  until  we  reached  San  Diego. 
Sir,  I  have  his  high  authority  for  saying  that  such  a  line  could  be 
so  securely  held  by  20,000  efficient  men,  that  the  people  on  its 
northern  side  would  resume  their'agricultural  operations,  which  are 
now  disturbed  by  Mexican  forays.  The  troops  would  thus  be  en- 
abled to  draw  their  supplies  from  the  country  on  far  cheaper 
terms  than  they  obtain  them  at  present.  This  line  would  cover 
territory  enough  to  give  us  indemnity  for  the  past  and  security  for 
the  future  ;  for  it  would  cover  vastly  more  territory  than  we  ou"ht 
to  wish  to  acquire,  or  than  the  Exectivc  has  ah'oady  proposed  to 
accept.  It  would  cover  some  of  the  most  valuable  mines  of  Mexi- 
co, and  place  in  our  possession  the  passes  indispensable  to  the 
trade  between  the  provinces  north  and  those  south  of  the  Sierra 
Madrc,  amongst  which  would  be  that  through  which  the  trade  be- 
tween Tampico  and  San  Luis  Potosi  is  conducted.  Both  the  do- 
mcMio  and  loreign  interests  of  that  province  would  have  a  deep 
concern  in  the  speedv  restoration  of  this  commercial  outlet  to  the 
Mexican  people.  We  should  thus  create  a  strong  interest  for 
poaco  with  us  in  the  Mexican  councils,  and  possess  t lie  means  of 
enforcing  a  treaty  which  would  secure  to  us  all  the  objects  which 
can  be  fairly  proposed  in  the  war,  I  ho  acquisition  of  territory  and 
a  fair  comiuereial  treaty.  Nominal  war  we  might  have  for  a  time 
but  wc  should  escape  most  of  its  real  evils.  This  line  fitted  to' 
become  the  base  of  future  ollensivc  operations  should  they  become 
necessary,  and  impregnable  lor  defence,  would  be  secure  against 
any  Mexican  attack  worthy  of  serious  notice,  at  least  until"  thev 
had  settled  their  divisions  and  re-established  their  government  ■ 


and  the  moment  this  last  was  elTeeted,  if  it  was  strong  enough  to 
stand  at  home,  it  would  have  the  deepest  interest  in  making  a 
treaty  with  us,  and  recovering  the  tcritory  which  we  were  willing 
to  restore.  Our  trade,  too,  would  continue  to  be  conducted  with 
the  Mexican  people,  to  as  great  an  extent  as  their  condition  and 
capacities  admitted— for  no  legal  restrictions  could  prevent  the 
introduction  of  our  goods  through  such  a  line  into  their  territory. 
We  might  have  nominal  war  for  awhile,  sir,  under  this  state  of 
things,  as  I  said  before;  but  we  should  escape  most  of  its  real  evils. 
Even  this  nominal  war  would  probably  cease  as  soon  under  the 
policy  which  I  propose,  as  with  the  system  now  pursued.  The 
Senator  from  Arkansas  says  that  the  |  archment  title  is  something, 
and  that  we  have  the  means  of  holding  by  force  whatever  we  ac- 
quire by  treaty.  This  is  so,  sir;  and  any  arrangement  which  brings 
peace,  and  which  be  may  consider  enough,  will  not  be,  probably, 
deemed  too  little  by  me.  But,  sir.  such  an  arrangement  would 
not  give  the  security  for  the  future  which  the  other  plan  would  at- 
tain, nor  would  it  probably  diminish  the  nominal  duration  of  the 
war — for  the  probability  is,  that  the  shadow  of  a  government  with 
which  we  might  treat,  would  be  overthrown  the  moment  our  troo'ps 
were  withdrawn,  and  tliere  is  an  equal  chance  that  those  who  suc- 
ceeded would  renew  the  war  in  name,  though  probably  not  in 
reality,  as  we  should  be  secure  on  any  territorial  line  which  we 
should  occupy.  But,  Mr.  President,  ibere  is  yet  another  strong 
consideration  in  favor  of  occujiying  such  a  line.  If  peace  should 
not  speedily  come,  we  should  save  a  great  amount  of  human  suffer- 
ing, and  diminish  largely  our  pecuniary  expenses.  The  losses 
amongst  our  troops  from  disease  along  such  a  line  would  be  com- 
paratively small,  for  most  of  the  posts  would  be  in  a  healthy 
country  ;  and  I  think  I  hazard  little  in  saying  that  thus  placed, 
their  losses  in  battle  would  be  almost  nothing.  In  a  pecuniary 
point  of  view,  the  advantages  of  this  policy  are  equally  striking. 
To  pursue  the  present  plan  of  campaign,  according  to  the  best  es- 
timates which  I  have  been  able  to  oblain,  would  require  at  least 
50,000  effective  men  under  Scott's  command,  and  some  10,000  or 
probably  15,000  troops  on  Ta\-lor's  line,  and  north  and  west  of 
it.  Sixty  thousand  efficient  men  are  the  least  that  can  be  estimated 
as  sufficient  for  the  purpose,  and  I  have  heard  from  high 
authority  that  70,000  would  be  nearer  the  mark.  Now,  sir, 
the  Senator  from  Mhssissippi  estimates  30,000  men  as  the 
proper  number  to  be  raised,  to  give  20,000  efficient  men  for  the 
occupation  of  his  line,  and  according  to  that  proportion,  we  should 
have  to  raise  90,000  men,  to  furnish 60.000 efl'eetives,  for  the  other* 
plan  of  campaign.  But,  in  point  of  fact,  a  much  smaller  propor- 
tion of  the  army  would  be  efficient,  when  dispersed  throughout 
Mexico,  and  exposed  to  all  the  easualities  of  disease,  and  the 
sword,  than  amongst  men,  performing  for  the  most  part  garrison 
duty,  on  a  line  running  through  comparatively  a  healthy  country. 
The  ditference  between  the  numbers  to  be  raised  for  the  two  plans, 
instead  of  being  50,000,  would  probably  be  nearly  60,000.  But 
let  ns  take  the  smaller  number,  and  suppose  that  we  save  the  ex- 
pense of  preparing  and  maintaining  50.000  men,  in  that  distant 
country,  we  shall  find  the  difl'erenco  striking  enough.  There  is 
no  fair  estimate  of  the  cost  of  war  in  that  country,  founded  on  our 
past  experience,  which  can  make  it  under  $500  per  man,  I  ex- 
clude the  bounties  and  the  pensions  incident  on  the  greater  easual- 
ities of  active  operations,  and  still  we  have  a  saving  of  $25,000,000, 
in  the  army  alone.  In  the  navy,  we  should  save  some  two  or  three 
millions  more,  making  a  difference  of  expense,  of  between  twenty- 
five  and  thirty  millions  per  annum,  as  you  act  upon  the  one  or  the 
other  plan.  I  believe,  sir,  that  this  is  a  small  estimate.  But  it 
may  be  said,  that  I  overlook  the  item  of  revenue,  which  we  should 
raise  from  the  Mexicans,  on  the  one  plan,  and  to  some  extent  lose 
on  the  other.  I  fear,  that  our  hopes  in  this  respect,  are  far  too 
sanguine.  When  we  come  to  substract  the  additional  expenses 
incident  to  the  mere  military  government  of  that  country,  from 
what  we  rai.se  by  contributions  from  them.  I  fear  the  surplus  will  be 
small,  not  much  more  than  we  could  raise  with  better  means  of  col- 
lection, and  fewer  sources  of  expenditure,  from  the  country  north  of 
the  proposed  military  line.  But  suppose  this  fear  to  be  unfounded, 
and  that  we  could  raise  some  six  or  eight  millions  by  forced  contri- 
butions, the  difference  in  the  expense  of  the  two  plans,  would  still 
be  $20,000,000,  or  more.  Is  not  this  a  matter  worthy  of  conside- 
ration— I  will  not  say  in  the  present,  but  in  any  state  of  our 
finances?  Sir,  the  time  was,  when  the  reduction  of  Executive  pa- 
tronage, which  this  change  of  policy  would  produce,  would  have 
been  considered  as  a  great  recommcn<latioii  of  it  to  our  people. 
That  time,  I  trust,  has  not  yet  passed  away.  I  do  not  believe  that 
it  has.  But  there  is  yet  another  consideration  which  weighs  with 
great  force  upon  ni}'  mind,  in  favor  of  the  occupation  of  this  line. 
it  would  disentangle  us  from  all  connexion  with  Mexican  politics, 
and  afford  that  people  an  early  opportunity  to  reconstruct  their 
government  and  social  nru-aiii/ation,  according  to  their  own  wishes 
and  necessities.  It  would  .^ave  us  from  all  fear  of  those  terrible  ques- 
tions which  would  arise,  if  our  people  should  be  seduced  by  tempta- 
tion, and  incline  to  tlie  permanent  subjugation  and  annexation  of  ftlex- 
ico.  I  believe  there  is  a  large  majority  of  them  opposed  to  such  a 
scheme  at  present,  but  who  can  say  where  the  current  of  events 
may  carry  us,  if  we  break  up  the  entire  social  system  in  Blexica, 
and  become  involved  in  the  dangerous  attempt  to  sustain  a  go- 
vernment for  them.  A  state  of  things  may  arise,  which  might  give 
them  strong  claims  upon  our  sympathies,  in  their  demand  for  our 
protection  against  the  evils  of  a  horrible  anarchy,  and  the  cfTort 
to  relievo  them,  may  involve  us  in  consequences  oi  the  deepest  haz- 
ard to  ouc  own  prosperity  and  institutions.  In  every  point  of  view 
it  scorns  to  nie  desirable  that  wo  should  withdraw  to'  some  such  line 


February  7.] 


THE  TEN  REGIMENT  lilLL. 


235 


as  I  have  indicated,  unless  peace  is  speedily  made.  But  objections 
have  been  ur<;ed  to  it,  which  I  shall  endeavor  to  meet.  The  Sen- 
ator from  New  York  says,  that  if  we  withdraw  to  such  a  hne, 
there  is  danf^er  of  foreign  interposition.  He  apprehends  that  the 
English  and  French  governments  mig'it  inorpose  to  reorganise 
Mexican  institutions,  according  to  their  views  and  policy.  Sir,  I 
listen  to  every  thing  which  falls  from  that  distinguished  Senator, 
with  great  respect.  The  mere  weight  of  liis  authority  upon  milita- 
ry matters  is  nuich  with  me,  but  I  am  bound  to  say,  that  he  did  not 
make  good  his  proposition,  bv  reasons  which  were  satisfactory 
to  my  mind.  Sir,  I  regard  the  danger  of  foreign  interference  as 
much  greater,  if  the  present  system  of  policy  should  be  pursued, 
than  if  we  take  the  course  which  I  have  suggested.  A  system  of 
operations,  which  is  calculated  to  destroy  the  entire  fabric  of  Mex- 
ican society,  and  awaken  the  fear  that  wc  should  make  a  perma- 
nent seizure,  would  be  much  more  likely  to  provoke  foreign  inter- 
ference, than  a  policy  whoso  objects  were  proclaimed  to  be  the 
abandonment  of  all,  except  a  portion  of  the  wild  territory  of  Mex- 
ico, and  the  restoration  of  quiet,  and  the  means  of  reconstructing 
their  government  by  the  Mexican  people,  as  far  as  this  conid  be 
done,  wit!  out  sacrificing  our  own  legitimate  claims.  But  if  these 
governments  entertain  such  views,  what  prevents  thcml'roiu  inter- 
fering now  ?  The  Senator  from  New  Yoik  would  probably  say,  the 
knowledge  that  such  interference  would  provoke  instant  war.  And 
would  not  such  interference  have  the  same  results,  if  we  occupied 
such  a  military  line  as  I  have  suggested.  If  their  desire  to  inter- 
pose should  be  strong  enough  to  induce  them  to  hazard  war,  would 
not  the  temptation  be  far  greater  when  our  array  was  compromised 
in  the  heart  of  Mexico,  than  if  it  was  posted  on  such  a  line  as  I 
have  described,  convenient  to  our  resources,  and  strong  for  pur- 
poses of  defence  or  oflcnec.  At  which  line  would  they  be  most 
tempted  to  strike,  a  base  line  from  Vera  Cruz  to  Mexico,  depend- 
ing lor  its  support  upon  our  naval  superiority,  or  the  one  nearer 
to  our  resources,  and  so  much  more  dillicult  for  them  to  reach  ?  I 
think  there  could  scarcely  be  two  opinions  upon  the  subject.  But 
in  point  of  fact,  I  do  not  see  much  danger  of  the  interference  of 
those  powers  at  present,  and  especially  if  we  were  posted  as  I 
have  recoiTimonded.  France  is  engaged  just  now,  if  I  may  use  a 
word  made  classic  by  the  distinguished  Chairman  of  Military  Af- 
fairs, in  "  swallowing"  Algeria,  and  England  is  ''swallowing'' 
elsewhere,  to  an  extent  fully  equal  to  her  posvcrs  of  digestion.  But. 
Mr.  President,  the  withdrawal  of  our  troops  has  been  deprecated, 
because  it  might  lead  to  the  establishment  of  a  monarchy  in  Mexico. 
Sir,  I  trust  no  m^n  entertains  the  idea  of  our  maintaining  an  army  in 
Mexico,  to  sustain  and  guarantee  a  government  in  that  country; 
and  if  this  is  not  proposed,  the  danger  of  the  establishment  of  a 
monarchy  by  the  Mejican  themselves,  is  far  greater  under  the 
present  system  of  operations,  than  if  we  were  at  once  to  withdraw 
to  a  military  line.  The  present  system  is  fast  destroying  the  old 
proportion  between  the  elements  of  Mexican  society,  it  disperses  their 
army,  weakens  the  property  holders,  who  are  not  members  of  the 
priesthood,  bears  hardest  upon  the  white  and  a  portion  of  the  mixed 
races,  and  is  breaking  down  the  republican  element,  which  has  here- 
tofore scarcely  been  strong  enough  to  resist  the  central  and  monarsh- 
ial  tendencies  of  the  priests.  The  priesthood  arc  but  little  weakened 
absolutely  by  the  present  policy,  and  relatively  they  are  strengthened. 
We  know  eaou^'h  of  their  past  history  and  tendency,  to  perceive  that 
it  is  an  element  in  Mexican  society  eminently  favorable  to  mon- 
archy. They  were  of  the  party  of  centralistas,  and  their  natural 
tendencies  are  to  an  absolute  form  of  government.  If  the  repub- 
lican element  is  much  further  weakened  they  will  have  the  most 
favorable  ojjportunity  for  indulging  their  wishes.  The  relative 
power,  not  only  of  the  priests  but  of  the  Indians,  will  be  greatly 
increased.  These  last  constitute  four-sevenths  of  the  population, 
and  the  mixed  races  two-sevenths  more — the  pure  white  is  said 
not  to  exceed  one-seventh  of  the  mass.  The  natural  tendency  of 
the  southern  Indian  races  seems  to  be  towards  a  despotic  hierarchy. 
This  tendency  seems  to  be  a  national  characteristic  in  the  colored 
races.  I  know  of  no  instanco  in  which  they  have  accumulated  so- 
cial  power  to  any  striking  extent,  except  under  despotic  forms 
of  government,  and  generally  by  a  union  of  the  powers  of  the 
priest  and  the  monarch.  The  old  Mexican  and  Peruvian  nations 
were  remarkable  lor  the  most  highly  refined  despotisms  of  which 
we  have  any  account.  The  moving  principle  in  the  civilization  of 
the  colored  races  seems  to  be  social  strength — with  them  society 
is  every  thing  and  the  individual  nothing.  This  was  the  strong 
point  of  contrast  between  the  Indian  system  and  the  European  civ- 
ilization which  developes  more  largely  individual  resomces.  Now 
sir,  if  philanthropy  has  an  interest  in  grafting,  successfully,  the 
European  principle  upon  the  Indian  stock,  the  chance,  I  fear,  will 
be  lost  if  the  portion  of  the  white  race  who  belong  to  the  laity, 
be  much  farther  weakened  before  we  withdraw.  The  temptation 
to  establish  a  monarchy  or  hierarchv.  I  fear,  will  be  irresistibl^if  the 
priesthood  finds  itself  and  the  Indians  the  predominant  elements 
in  society.  But  if  we  were  to  withdraw  our  armies  now  or  in  the 
course  of  a  few  months,  perhaps  the  republican  element  might 
still  be  strong  enough  to  control  the  form  of  government,  and  the 
white  race  still  exercise  a  predominant  influence  in  it.  Mr.  Presi- 
dent, the  Mexican  social  principle  belongs  to  a  distinct  system  of 
civilization,  a  graft  of  the  European  upon  the  Indian  stock.  Its 
capacities  are  perhaps  not  high,  certainly  inferior  to  our  own;  but 
still  it  seems  to  have  a  living  principle  which  mav  serve  some  use- 
ful purpose  in  the  general  scheme  of  Providence.  I  should  be  unwil- 
ling  to  disturb  it.  I  would  not  wantonly  tread  out  the  vital  spark 
m  am-  thing  that  lives.  Their  system  has  the  growth  of  more  than 
two  centuries,  and  I  would  not  unnecessarily  destroy  it. 


But,  sir,  I  come  now  to  the  last  in  the  series  of  the  objections 
which  I  have  heard  urged  against  what  is  called  the  line  policy. 
It  seems  to  be  thought  by  some,  that  such  a  course  would  sta'in 
our  military  reputation.  How  could  it  possibly  have  that  eflect, 
or  bear  such  a  construction  ?  We  do  not  withdraw  because  we 
feel  our  inability  to  subjugate  the  whole  of  Mexico  but  because  it 
is  inconsistent  with  our  views  of  political  or  moral  propriety  to  do 
so.  We  do  not  withdraw  because  we  have  suffered  defeat  on 
the  contrary,  along  and  unbroken  series  of  victories  has  illustrated 
our  arms.  Wc  do  not  withdraw  because  we  fear  I'uture  reverses 
for  we  hold  her  places  of  strength  and  have  but  to  close  the 
hand  to  crumble  the  whole  fabric  of  Mexican  society  in  our  "rasp. 
We  withdraw  to  acconiplisli  our  own  legitimate  purposes  with 
as  little  sulVering  to  ourselves  and  others  as  possible.  If  the 
shade  of  Cortes  still  wanders  amid  the  ruined  monuments  of  .^ztec 
civilization,  let  it  stand  rebuked  at  the  apparition  of  another  of 
higher  power  and  more  elevated  views,  who  forbears  to  destroy 
what  he  cannot  improve  and  content  with  what  mav  be  neeessarv 
for  his  own  uses,  leaves  the  tree  where  God  had  planted  it  for  those 
who  require  its  shelter  and  take  pleasure  in  its  fruit.  Sir,  our 
army  has  done  enouarh  for  military  glory.  Monumental  marble 
and  history's  more  enduring  page  will  adorn  and  record  their  deeds. 
May  the  living  long  wear  the  laurels  which  they  have  nobly  won, 
and  may  the  fallen  whose  blood  has  watered  the  deadly  bay  and 
who  snatched  the  flower,  reckless  whether  it  was  to  adorn  the 
brow  or  consecrate  the  tomb,  live  in  the  affections  of  their  coun- 
trymen— 

Time  cannot  teach  forgetfulness, 
Wlien  Griefs  fullliearf  is  ted  liy  fame. 

There  are  no  further  fields  in  Mexico  in  which  we  could  add  to 
our  military  reputation  by  exhibitions  of  skill  and  power.  Mode- 
ration in  success  is  as  necessary  as  valor  to  complete  the  heroic 
character. 

But,  Mr.  President,  I  cannot  dwell  further  upon  this  subject.  I 
have  given  my  views  because  it  was  due  to  candor  to  do  so,  but  as 
I  said  before,  I  shall  not  attempt  to  dictate  plans  of  campaign  to 
the  President,  whose  duty  it  is  to  conduct  the  war  and  who  is  re- 
sponsible for  its  eflicient  execution.  If  I  were  disposed  to  inter- 
fere I  should  see  no  practical  result  to  flow  from  a  refusal  of  the 
ten  regiments,  so  far  as  the  plan  of  campaign  is  concerned.  The 
same  plan  would  be  pursued,  but  with  forces  proclaimed  to  be  in- 
adequate for  the  purpose,  by  those  who  are  responsible  for  its  ex- 
ecution. If  extensive  military  operations  are  to  be  pushed  from 
the  heart  to  the  extremities  of  Mexico,  an  adequate  force  should 
be  provided  for  it.  Considerations  of  peace  as  well  as  the  inter- 
ests of  war  require  it. 

Mr.  President,  I  have  discussed  the  questions  before  us  in  refer- 
ence only  to  the  proper  objects  of  the  war  and  the  best  means  of 
attaining  them.  These  are  the  practical  considerations  which 
press  most  forcibly  upon  us.  I  have  not  entered  into  anv  discus- 
sion of  the  origin  or  justice  of  the  war.  The  first  belongs  not  to 
ouriforeign,  but  our  domestic  relations,  and  the  last  it  is  too  late 
consider.  Our  government  and  people  are  committed  as  to  the 
justice  of  the  war,  and  that  question  is  no  longer  open  here.  If  it 
were,  what  prevents  those  who  believe  the  war  unjust  and  that  the 
territory  in  dispute  belongs  to  the  Mexicans,  from  acting  upon  the 
legitimate  conclusions  from  such  premises?  What  prevents  them 
from  advocating  the  abandonment  of  the  country  beyond  the 
Nueces,  and  the  offer  of  indemnity  to  Mexico  for  the  wrongs  which 
they  believe  her  to  have  sustained?  Such  undoubtedly  would  be 
the  consequences  of  those  opinions,  and  yet  there  is  not  a  man  here, 
I  presume,  who  would  sustain  such  propositions.  It  must  be  be- 
cause even  those  who  entertain  these  extreme  opinions  believe  that 
the  question  is  no  longer  open.  Whv  then  agitate  it  and  irritate 
the  public  mind  by  allusions  which  are  offensive  to  it  ?  The 
sense  of  national  honor  beats  high  in  the  American  heart 
and  its  every  pulse  vibrates  at  the  mere  suspicion  ol  a  stain 
upon  its  reputation.  But  that  same  heart  is  warmed  by  gen- 
erous impulses  and  noble  emotions.  If  you  would  moderate 
its  lust  of  empire  and  its  spirit  of  acquisition,  appeal  to  its  magna- 
nimity towards  a  feeble  and  prostrate  foe — appeal  to  it  in  the  name 
of  the  highest  aspirations  which  can  animate  the  human  heart, 
the  desire  for  moral  excellence,  the  love  of  liberty,  and  the  noble 
ambition,  to  take  the  post  of  honor  among  nations,  and  load  the 
advance  of  civilization.  If  our  people  are  once  awakened  to  a  true 
conception  of  the  real  nature  and  grandeur  of  their  destiny,  the 
first  and  greatest  step,  in  my  opinion,  is  taken  for  its  accomplish- 
ment. If  my  imagination  were  tasked  to  select  the  highest  bless- 
ing for  my  countrymen,  I  should  say,  may  they  be  true  to  them- 
selves und  faithful  to  their  mission.  I  can  crfnceive  of  nothing 
which  it  is  possible  for  hiunan  elTort  to  attain,  greater  than  the 
destiny  which  we  may  reasonably  hope  to  fulfil.  If  war  has  its 
dreams,  dazzling  in  splendid  pageantry, 'peace  also  has  its  visions 
of  a  more  enduring  form,  of  a  higher  and  purer  beauty.  To  solve 
by  practical  demonstration  the  grand  problem  of  increasing  social 
power  consistently  with  personal  freedom- — to  increase  the  efficien- 
cy of  the  human  agent  by  enlarging  individual  liberty — to  triumph 
over  not  only  the  physical,  but  more  difficult  still,  the  moral  diffi- 
culties which  lie  in  the  path  of  man's  progress,  and  to  adorn  that 
path  with  all  that  is  rare  and  useful  in  art,  and  whatever  is  highest 
in  civilization,  are  in  my  opinion,  the  noblest  achievements  of 
which  a  nation  is  capable.  These  are  the  ends  to  which  our  am- 
bition should  be  directed.  The  sword  may  be  the  occasional,  but 
it  is  not  the  lamiliar  weapon  of  our  god  Terminus.  The  axe  and 
the  hoe  are  his  more  appropriate  emblems.    Let  him  turn  aside 


236 


THE  TEN  REGIMENT  BILL. 


[Monday, 


from  the  habitations  of  civilized  man,  his  patli  is  towards  the 
■wilderness,  thronirh  whose  silent  solitudes  for  more  than  two  cen- 
turies he  has  been  rapidly  and  triumphantly  advancinij.  Let  him 
plunpe  still  deeper  into  the  forest,  as  the  natural  cavitation  of  the 
tide  of  jiopulation  impels  him  onward.  His  progress  in  that  direc- 
tion is  one  of  unmixed  beneficence  to  the  human  race.  The  earth 
smiles  beneath  his  I'eet.  and  a  new  creation  arises  as  if  by  enchant- 
ment at  his  touch.  Household  fires  ilhiniinate  hi-;  line  of  march, 
and  new-born  lights,  strange  visitants  to  the  niglit  of  primeval 
solitude,  kindle  on  domestic  altars  erected  to  all  the  peaceful  vir- 
tues and  kindly  affections  which  consecrate  a  hearth  and  endear  a 
home.  Victorious  industry  sacks  the  forest  and  mines,  the  quarry, 
for  materials  for  its  stately  cities,  or  spans  the  streams  and  saps 
the  mountain  to  open  the  way  for  the  advance  of  einlization  still 
deeper  into  the  pathless  forest  and  the  neglected  wild.  The  light 
of  human  thought  pours  in  winded  streams  from  sea  to  sea,  and 
the  lingering  nomad  may  have  but  a  moments  pause  to  behold  the 


flying  car  which  comes  to  invade  the  haunts  so  long  secured  to 
savage  life.  These  are  the  aspirations  worthy  of  our  name  and 
race,  and  it  is  for  the  American  oeople  to  decide  whether  a  taste 
for  peace  or  habits  of  war  are  most  consistent  with  such  hopes. 
I  trust  that  they  may  be  guarded  by  wisdom  in  their  choice. 

Mr.  MILLER  obtained  the  floor,  and  indicated  his  intention  of 
addressing  the  Senate  upon  the  bill  to-morrow. 

EXECUTIVE     SESSION. 

The  Senate  proceeded  to   the  consideration  of  Executive  busi- 
ness, and  after  .some  time  spent  therein, 

On  motion, 

The  .Senat*  adjourned. 


February  8. 


PETITIONS— RESOLUTIONS. 


237 


TUESDAY,  FEBRUARY  8,  1848: 


RESOLUTIONS    OF    STATE    LEGISLATURES. 

Mr.  BRIGHT  presented  a  preiimble  and  resolution  passed  by 
the  Lejiislaturo  of  the  State  of  Indiana,  in  favor  of  passing  a  law 
to  provide  for  the  payment  of  the  clauns  of  the  representatives  of 
Francis  Viuo,  for  advances  to  the  troops  under  General  George 
Rogers  Clark  in  the  Illinois  campaign;  which  were  ordered  to  be 
printed. 

Mr.  CAMERON  presented  a  resolution  passed  by  the  Legisla- 
ture of  the  State  of  Pennsylvania,  in  favor  of  abolishing  the  post- 
age on  newspapers  not  sent  over  thirty  miles  from  tlie  place  of 
publication,  and  such  other  modifications  of  the  post  office  laws  as 
will  provide  a  uniform  system  of  cheap  postage  on  letters  and 
newspapers  ;  which  was  referred  to  the  Committee  on  the  Post 
Office  and  Post  roads. 


Mr.  YULEE,  in  presenting  the  memorial  of  Benedict  Madeore, 
Vicar  General  of  Florida,  and  pastor  of  the  (church  of  St.  Augus- 
tine, and  the  memorial  of  the  trustees  and  momber.s  of  that  church, 
f)raying  the  rc-trans(er,  to  its  rightful  owners,  of  the  property  be- 
onging  to  the  churclj,  which  was  improperly  conveyed  to  the 
United  States  at  the  session  of  Florida,  as  public  property,  by  the 
Spanish  authorities  ;  which  were  referred  to  the  Committee  on 
Private  Land  Claims,  remarked  that  he  had  given  a  cursory  ex- 
amination to  the  papers  connected  with  this  memorial,  and  that 
he  thought  they  exhibited  a  sufficiently  fair  ground  for  the  title  set 
up  by  the  memorialists  to  entitle  the  claim  to  the  deliberate  con.si- 
deration  of  the  committee.  He  recommended  the  memorial  to 
their  attention. 

Mr.  BRADBURY  presented  two  petitions  of  citizens  of  the 
county  of  Hancock,  Maine,  praying  the  establishment  of  a  mail 
route  from  Bucksport  to  George's  Corner,  in  that  State  ;  which 
were  referred  to  the  Committee  on  the  Post  Office  and  Post 
Roads. 

Also,  the  petition  of  Alfred  Marshall,  Collector  of  the  District 
of  Belfast,  in  the  State  of  Maine,  praying  an  increase  of  compen- 
sation; which  was  referred  to  the  Committee  on  Commerce. 

Mr.  STURGEOiV  preseuted  the  petition  of  citizens  of  Alleghe- 
ny county,  Pennsylvania,  praj'ing  a  reduction  of  the  rates  of  post- 
age on  newspapers;  which  was  referred  to  the  Committee  on  the 
Post  Office  and  Post  Roads. 

Also,  the  petition  of  Samuel  Blake,  praying  compensation  for 
his  services  in  taking  the  sixth  census;  which  was  referred  to  the 
Committee  of  Claims. 

Mr.  BRIGHT  presented  the  memorial  of  Thomas  L.  L.  Brent, 
praying  to  be  allowed  an  outfit  as  Charge  des  Atl'airs  of  the  United 
Slates  at  the  court  of  Madrid;  which  was  referred  to  the  Commit- 
tee on  Foreign  Relations. 

Mr.  MASON  presented  the  petition  of  C.  H.  McCormiek,  pray- 
ing an  extension  of  his  patent  for  a  reaping  machine;  which  was 
relerred  to  the  Committee  on  Patents  and  the  Patent  Office. 

Mr.  CAMERON  presented  the  petition  of  Josepli  Nock,  pray- 
ing an  extension  of  his  patent  for  padlocks,  desk,  che.st  and  trunk 
locks;  which  was  referred  to  the  Committee  on  Patents  and  the 
Patent  Office. 

Mr.  DIX  presented  the  petition  of  John  W.  Leuchs,  praying 
the  return  of  certain  goods  seized  by  the  Collector  of  tiie  port  of 
New  Y'ork,  lor  an  alleged  violation  of  the  revenue  laws,  and  in- 
demnity for  loss  sustained  by  him  in  consequence  of  such  seizure; 
which  was  referred  to  the  Committee  on  Finance. 

Mr.  JOHNSON,  of  Maryland,  presented  the  memorial  of  John 
Colder,  praying  remuneration  for  an  alleged  infringement  by  the 
Government  of  the  United  States  of  his  patent  for  an  improvement 
in  the  system  of  public  finance;  which  was  referred  to  the  Com- 
mittee on  Finanoe. 

Mr.  WESTCOTT  presented  the  petition  of  John  P.  Baldwin, 
praying  that  a  register  may  issue  to  him  for  the  schooner  Robert 
Henry;  which  was  referred  to  the  Committee  on  Commerce. 

On  motion  by  Mr.  CAMERON,  it  was 

Ordered,  That  the  heirs  of  James  Bell  have  leave  to  withdraw 
their  petition  and  papers. 

TEMPORARY  ENGROSSING   CLERK. 

Mr.  MANGUM  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  aiid  agreed  to:         ' 


Resolved.  Tbat  llie  Secretar}'  of  the  Penntc  he  autliorized  lo  |>ay.  out  of  Uie  con- 
tingent fund,  tlie  pprsoii  who  pi-rfomied  the  dutie*  of  one  of  the  Knyro-^ing  Clerks  of 
tile  Senate  who  was  sick  during  the  late  reeess.  at  the  saiue  rate  of  eompensiition  a', 
is  usually  paid  to  temporary  clerks  employed  by  the  .Senate,  for  the  tune  he  was  so 
engaged. 


NATIONAL  FOUNDBV. 

Mr.  BAGBY  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to: 

Resolved,  Tii.at  the  Committee  on  iVIilitary  Affairs  be  instructed  lo  ini^uite  into  the 
expeiliency  of  causing  a  survey  and  cxaniinaliou  to  be  made  with  a  view  lo  the  esta  - 
blislimenl  of  a  national  Ibundryat  Tuscaloosa,  iu  the  State  of  Alabama. 

MEMORIAL  OF  FRIENDS. 

Mr.  CAMERON,  from  the  Conunittee  on  Printing,  to  whom 
was  referred  the  motion  to  print  the  memorial  of  the  lepresenta- 
tives  of  the  Religious  Society  of  Friends  for  the  States  of  New- 
York,  Vermont,  Michigan,  and  some  parts  adjacent,  praying  for 
the  settlement  of  the  diliiculties  with  Mexico  by  negotiation,  re 
ported  that  the  same  be  not  printed  ;  which  was  agreed  to. 

SCHOOL  L.\.Nr)S. 

Agreeably  to  notice,  Mr.  JOHNSON,  of  Louisiauit,  asked,  and 
obtained,  leave  to  bring  in  a  bill  to  authorize  the  relinquishment  of 
the  16th  section  in  certain  cases,  and  the  selection  of  other  lands 
in  lieu  thereof ;  which  was  read  the  first  and  second  times  by  una- 
nimous consent,  and  referred  to  the  Committee  on  Private  Land 
Claims.  ( 

.MESSAGE  FRO.M  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

i\Ir.  President  :  The  House  of  Representatives  have  passjd  joint  resolutions  of  the 
Ibllowing  titles : 

.Toint  resolution  exjirrssive  of  the  thanks  of  Congres.i  to  Major  ficnenil  Wir.field 
Scott  and  the  troops  under  his  eoinniaud,  for  their  distingnished  gallantry  and  good 
conduct  in  the  campaign  of  l&i7. 

.Joint  resolution  expressive  of  thanks  to  Major  Geneml  Taylor. 

In  whii-li  they  rcipiest  the  concurrence  of  t!ie  Senate. 

NOTICE  OF  X  BILL. 

Mr.  DOWNS  gave  notice  that  on  to-morrow,  or  some  early  dav 
thereafter,  he  will  ask  leave  of  the  Senate  to  introduce  a  bill  to 
amend  an  act  entitled,  ■'  An  act  to  pi-ovide  for  the  punishment  of 
oflences  committed  in  cutting,  destroyinof.  or  romovino;  live  oak 
and  other  timber  or  trees  reserved  for  naval  purposes."  approved 
2d  March,  1831;  and  for  other  purposes. 

THANKS    TO  GEN.    SCOTT. 

The  joint  resolution  from  the  House  of  Representatives  expres- 
sive of  the  thanks  of  Congress  to  Major  General  Winfield  Scott, 
and  the  troops  under  his  command,  was  read  the  first  and  second 
times  by  unanimous  consent. 

Mr.  YULEE. — I  desire  to  suggest  an  amendment  to  the  reso- 
lution, or  at  all  events,  I  hope  that  the  committee  to  which  the  re- 
solution will  be  referred,  will  so  modify  the  resolution  as  to  make 
it  embrace  the  officers  of  the  Navy  of  the  United  States,  who  par- 
ticipated in  the  operations  at  A'era  Cruz. 

Mr.  B.\DGER. — Introduce  a  separate  resolution. 

Mr.  YULEE.— I  hope  these  Naval  Officers  will  be  included. 

Mr.  MANGUM.^I  trust  that  the  honorable  Senator  will  not 
in.sist  upon  a  reference  of  this  resolution.  I  think  that  the  usual 
course  has  been  to  pass  separate  resolutions,  and  if  the  gentleman 
■will  propose  a  resolution  of  thanks  to  the  officers  of  the  Navy,  it 
would  meet  with  our  cordial  assent.  I  hope  that  this  resoliition 
will  be  put  upon  its  passage. 

Mr.  NILES. — I  think  that  this  is  a  subject  of  some  delicacy, 
and  that  the  resolution  ought  to  be  referred.  There  is,  I  presume, 
no  doubt  that  the  body  will  unanimously  agree  to  carry  out  the 
substantial  purposes  intended  to  be  efierted  by  the  resolution. 
But  the  form  of  the  resolution  maybe  a'matter  of  some  import- 
ance ;  and  it  may  be  Nvorthy  of  consideration,  whether  the  scojie  of 
it  is  snch  as  to  do  justice  to  all  the  officers,  who  have  a  right  to 
expect  even  handed  justice  from  us.  I  move  its  referrence  to  the 
Committee  on  Military  Affairs. 

The  resolution  was  referred  to  the  Committee  on  Military  Af- 
fairs. 

THANKS    TO    GEN.    TAYLOR. 

The  joint  resolution  from  t)ie  House  of  Representatives  expres- 


240 


THE  TEN  REGIMENT  BILL. 


[Tuesday, 


resources,  made  its  way  throu<rh  the  heart  of  the  enemy's  country, 
Seconded  into  the  valley  of  Mexico,  contended  with  an  army  three 
times  its  mnnber,  stronprly  fortified  in  chosen  positions,  and  fight- 
inir  in  defence  of  their  country,  beneath  the  walls  of  its  ancient 
capital.  The  least  mistake,  the  smallest  blunder,  on  the  part  o( 
our  commandiniT  jroneral  would  have  been  destruction  to  oitr  little 
armv;  but  there  was  no  l)lunder,  no  mistake  there.  Tiirouizh  nar- 
row defiles,  down  rooky  precipices,  alonjr  fortified  eausways.  storm- 
ing embattled  easties,  that  heroic  band  fought  its  way  into  the 
walled  city  of  Mexico,  and  our  flap;  now  waves  in  triumph  over 
its  ancient  palaces.  All  this  has  been  accomplished  by  an  army  of 
less  than  10,000  men.  Well  might  the  Secretary  of  War  state  in 
his  report — 

"That  the  unJi-naking  to  he  ncliieveil  compareil  with  llic  means  .■m|iloyi'(l  « iis  one 
of  nnexanii>I«l  thffnult.v,  nnd  daring,  ami  ti)  secure sii(-<'ess  re(iiiireil  a  uoiKlerfiil  eom- 
bination  of  military  science,  consuinate  skill,  and  ihseiiilined  valor." 

When  wc  look  to  another  line  of  our  operations  in  Mexico,  we 
see  that  General  Tavlor  is  left  there  to  maintain  a  defensive  posi- 
tion with  a  force  of  only  . 5,000  men,  the  principal  part  of  which 
were  raw  troops,  llewas  left  there  at  a  time,  too,  when  it  was 
known  to  the  admiiii.stration  here  that  the  enemy  was  on  tlie  field 
with  a  larg<'  force  ready  to  strike  at  the  weakest  point  of  our  line. 
Santa  Anna  with  the  knowledge  of  tlie  reduced  force  under  General 
Taylor,  and  of  his  exposed  position,  was  not  long  in  detecting 
what  he  supposed  to  be  an  opportunity  allbriled  liim  lo  regain  his 
sinking  fortunes  so  as  to  enable  him  to  fiiltil  his  prior  engagements 
with  filir  Kxecutivo,  to  put  an  end  to  the  war;  but  in  this  be  was 
sadly  disappointed.  Our  little  army  of  five  thousand  received  the 
shock  of  twenty  thousiml  men,  and  drove  them  back  in  disastrous 
flight. 

iVow,  Jlr.  President,  wlnle  tlie  world  aeoords  all  praise  and 
honor  to  our  army  in  Mexico  for  unparalleled  deeds  of  skill  and 
valor — deeds  .so  hazardous,  so  disproportioned  to  the  force  einploy- 
,;(l^l,|,;,t  if  defeat  instead  of  success  had  been  the  result  of  their 
superhuman  ed'orts,  not  a  spot  of  dishonor  would  have  fallen  upon 
either  olfieers  or  men — yet  the  country  will  inquire,  why  it  was 
that  so  small  a  force  was  employed  in  the  execution  of  enterprises 
so  disproportionate  to  its  strength.  Was  it  because  the  country 
required  the  sacrifice?  Was  it  because  Congress  had  refused  to 
grant  more  men  and  money?  No,  sir,  not  at  all.  For  before  and 
at  the  very  time  when  our  armies  were  exposed  to  these  unheard 
of  hazards,  the  President  had  full  power  to  increase  our  force  in 
Mexico  to  ffirty  thousand  men.  I  will  not  say  that  the  President 
is  to  blame  in  not  sending  this  force  into  the  field  at  a  time  when  it 
was  most  required;  difficulties  .attending  tlie  enlistment  of  troops 
for  this  war  may  have  prevented  it.  But  certainly  neither  Congress 
nor  the  whig  party  are  to  be  eondemneil  for  leaving  Gen.  Taylor 
with  five  thousand  men  to  contend  with  twenty  thousand,  nor  are 
they  to  be  held  responsible  for  directing  General  Scott  to  execute 
the  grand  campaign  of  Mexico  with  only  ten  thousand  men;  when 
by  every  rule  of  war  twenty-five  thousand  would  have  been  a  small 
force  for  an  enterprise  of  such  dillicultv  and  hazard. 

If  twenty  thousand  men  have  accomplished  all  that  I  have 
stated  in  Mexico,  will  not  our  present  authorizbd  force,  amounting 
to  over  fifty  thousand  men,  be  sufiicient  fm-  the  protection  of  our 
army  and  the  maintenance  of  our  positions  there?  Yet  now  after 
the  campaign  is  passed,  after  all  its  hazards  have  been  encoun- 
tered, the  victory  won,  and  the  enemy  helpless  and  harmless  at 
our  feet,  the  adnihiistration  wakes  up  to  a  sense  of  duty  towards  the 
army  in  Mexico,  talks  about  its  perilous  position;  and  the  chair- 
man of  the  Committee  on  Militaiy  Allairs  calls  upon  us  without 
any  delay  to  raise  ten  new  regiments  for  the  war.  I  can  see  no 
necessity,  connected  with  the  public  service  in  Mexico,  requiring 
this  additional  force. 

I  will  now  proceed  to  show  that  this  additioniil  force  is  not  ne- 
cessary to  the  attainment  of  any  of  tlie  oiijects  of  the  war  hitherto 
avowed  by  tlie  Executive  or  contemplated  by  the  country. 

There  is,  I  confess,  some  dillieulty  in  naming  all  the  objects  of 
this  war.  They  are  changed,  multiplied,  or  diminished,  from  time 
to  lime  at  the  will  of  the  Executive.  It  must  be  manifest  to  all, 
that  we  are  tight ing  to-day  for  obieets  not  coutemplated  bv  any 
one  on  the  13lh  of  May,  1846.  But  as  far  as  we  are  able  to 
gather  these  objects  from  the  olfieial  communications  of  the  Presi- 
dent, they  are  as  Ibllows  : 

First.  To  repel  invasion  and  avenge  the  blood  of  our  citizens; 
Second.  To  overthrow  the  government  of  Paredes  and  to  restore 
Santa  Anna; 

Third.  To  olit;iin  indemnitv  for  the  past  and  security  for  the 
future; 

Fourth.  To  conquer  a  iieaee. 

Now,  Mr.  President,  I  will  endeavor  to  show  from  the  sol- 
emn admissions  of  the  Executive,  made  in  his  ollieial  couununi- 
eations  to  Congress,  that  all  these  objects  have  already  been  fuUv 
accomplished,  save  one— to  coiKpier  a  peace:  which  I  am  inclined 
to  think  IS  the  very  last  thing  the  President  desires  to  conquer. 

As  to  the  first  named  object,  we  all  know  that  the  invasion,  ifiiiva- 
sion  It  was,  has  long  since  been  repelled,  and  repelled,  too,  in  such 
a  manner  as  lorever  to  secure  us  against  its  repetition  from  that 
(|uarter;  and  us  to  the  sliediling  of  iho  blood  of  our  citizens  the 
most  sanguinary  am.nig  us  mn^l  admit  that  our  ven'rcance'  has 
been  glutted  to  a  suricil.  But  I  will  let  the  President  "express  his 
own  opinion  upon  this  point.  In  his  message  of  December  1816 
he  says :  ■  i  > 

"  I  cousralulale  you  On  Iho  nuccess  wliioh  has  Uius  niteniled  our  niilitarv  and  naval 
Ojwralions.  In  iessllian  seven  months  alter  Mtxi.-o  eoniinencod  hoslihiies  nl  a  time 
selected  by  lienelf,  wo  have  taken  poiwcsion  of  many  of  her  jirineipal  jHirls    driven 


bael<  and  pursued  her  invading  army,  and  acquired  raihlarv  possession  of  the  Mexican 
provinces  of  New  Mexico,  New  Leon.  Coaliuila.  Tamaulipas.  and  the  CaJifomias — a 
territory  larger  in  extent  than  that  enihraced  in  the  original  thirteen  States  of  the  Union 
— inhabited  by  a  considerable  pojiulation.  and  much  of"  it  more  than  athousand  miles 
from  the  points  at  which  wc  had  to  eolleelonr  forces,  and  commence  our  movements." 

How  the  second  object  of  the  war  was  attained,  I  will  also  let 
the  President  slate  in  his  own  words  : 

"  This  was  Uie  state  of  atVairs  existing  wlien  Congress,  on  the  13th  of  May 
last.  re<rogni?.eJ  the  exi^tcm-c  of  the  war  v.liich  had  been  commenced  by  the  jiovern- 
inent  of  Paredes,  and  it  became  an  object  ot'  much  importance,  with  a  view  to  a 
speedy  settlement  of  our  ditTicnUies,  and  the  restoration  of  an  honorable  jteace.  that 
Paredes  should  not  retain  power  in  .Mexico.  ***** 
A  revolution  took  iilaeein  .Mexico  in  tlie  caily  part  of  -August  following,  by  which  tiw 
(lower  of  Paredes  was  overthrown,  and  he  lias  since  been  t>aiiislicil  from  tite  counlrv. 
and  is  now  in  exile.     Sant.T  .\nna  shortly  afterwards  returned." 

The  third  object  of  the  war  divides  itself  into  two  parts — indem- 
nity and  security.  I  will  consider  them  in  their  order.  First,  as 
to  indemnity.  We  might  have  been  at  a  loss  to  know  not  only 
what  we  were  to  be  indemnified  for,  but  also  the  amount  required 
and  the  manner  of  obtaining  it,  had  not  the  President  informed  us 
upon  all  these  points.  He  tells  us  that  we  are  to  be  indemnified  for 
the  claims  of  our  citizens  upon  the  government  of  Mexico,  and  also 
for  the  expenses  of  the  war.  The  amount  is  somewhat  uncertain, 
being  estimated  in  lands.  The  manner  of  obtaining  indemnity  is 
by  seizing  and  appropriating  to  ourselves  certain  Mexican  provin- 
ces or  states.  With  this  inlormalion  before  us,  I  think  it  can  be 
clearly  shown,  from  the  President's  late  message,  that  he  has  this 
indemnify  in  amount,  mode,  maimer,  and  kind,  now  in  hi«  hands, 
never  to  be  given  up.  Nay,  further,  that  he  has  more  than  lull 
indemnity — more  than  his  sense  of  justice  will  permit  him  to  hold 
without  paying  back  to  Mexico  several  millions  of  dollars,  in  order 
to  adjust  the  account.  I  will  now  proceed  to  show  this.  Shortly 
after  the  adjournment  of  the  last  Congress,  the  President  sent  i. 
Commissioner,  Mr.  Trist,  to  Mexico,  with  powers  to  negotiate  a 
treaty  of  peace  with  that  government.     The  President  says  that  : 

'■  The  commissioner  of  the  United  States  took  with  him  the  projct  of  a  treaty 
already  picpaieil,  by  the  terms  of  which  the  indemniiy  required  by  the  United  States 
was  a  cession  of  territory. 

"  The  commissioner  of  the  United  Slates  was  anthorized  to  agree  to  the  establish- 
ment of  the  Bio  Grande  as  the  boundary,  from  its  entrance  into  tlie  Gulf  to  its  inter- 
section with  the  :>oulhern  boundary  of  Kew  Mexico,  in  north  latitude  about  thirty-two 
deirrees,  and  to  obtain  a  cession  to  the  United  States  of  the  provinces  of  New  JVIexico 
and  the  t^alifornias.  and  the  priylegeof  the  right  of  way  across  the  isthmus  of  Tehu- 
aiilepec.  The  bounilary  of  llie  Rio  Grande,  and  the  cession  to  the  United  States  of 
New  Mexico  and  tapper  California,  constituted  an  nitiniainm  which  our  comini»sioacr 
was,  under  no  circuin^tances,  to  yield.  « 

"  As  the  territory  to  he  acquired  hy  the  bounilary  |»roposed  might  be  estimated  to  be 
of  greater  value  than  a  fair  equivalent  for  our  just  demands,  our  commissioner  was  au- 
Ihorized  to  stipulate  for  the  payment  of  such  .additional  pecuniary  consideration  as  was 
deemed  reasouahle," 

Mexico  having  n'fused  this  ultimatum,  the  President  says  '-'we 
should  adopt  measiu-es  to  indemnify  ourselves  by  appropriating 
permanently  a  portion  of  her  territory,"  And  not  satisfied  with 
his  own  ultimatum ,  the  President  now  adds  Lower  California  to  the 
indemnity,  and  then  tells  us  that  New  Mexico  and  the  Califor- 
nias  are  in  our  undisputed  occupation,  and  have  been  for  many 
months;  all  resistance  on  the  part  of  Mexico  having  ceased  within 
their  limits,  and  that  he  is  satisfied  that  they  shouhl  never  be  sur- 
rendered to  Mexico.     But  I  will  read  from  the  message  : 

"  These  nro\  inccs  are  now  in  our  iinilisputed  occupation,  and  have  been  so  for  many 
months  ;  ail  resi-.!ancc  on  the  jiart  of  Mexico  having  ceased  vcithin  their  limits.  1  ain 
satisfied  that  they  siioiild  never  be  surrendered  to  Mexico.  Should  Congress  concur 
with  me  in  this  opinion,  and  that  they  should  he  retained  by  the  United  States  as  in- 
demnity. I  can  perceive  no  good  reason  why  the  civil  jurisdiction  and  laws  of  the  Uui- 
teil  States  should  not  at  once  he  exteililed  over  thera.  To  wtiit  tor  a  trentv  of  peace, 
such  as  we  are  w  illiiig  to  make,  bv  which  our  relations  towards  thein  would  not  tie 
ciiangetl.  cannot  hegooi  jiolicy;  whilst  our  own  interest,  aii<!  that  of  the  |ieo|ile  iiiiiahit- 
iiig  them,  require  tlial  a  stable,  respriisililc  and  free  goveruiiicnt  under  our  own  autlior- 
il  y  sliniild.  as  soon  as  possihie.  he  eslahli-Nlied  over  tlioni.  .s^hotild  Congress,  therefore, 
di-leniiine  to  hold  tlie-^e  pro\inees  permanently,  and  that  thev  shall  hereBller  be  con- 
sidered as  constituent  |iarts  of  our  countrv,  the  early  establishment  of  territorial  govern- 
iiieiils  over  lliem  will  he  important  for  the  more  jierfect  prelection  of  persons  and  pro- 
perty :  and  I  rccoiilinend  that  sneli  territorial  governments  liei'stahlished.  It  will  |in> 
mote  jieaee  and  tranqiiilitv  among  the  inhabitants,  by  allaying  all  apprehension  that 
they  may  still  entertain  of  being  again  subjected  to  the  jurisdiction  of  Mexico.  I  in 
vite  the  early  and  favoiahlo  consider-ition  of  Congress  to  this  importation  subject." 

If  it  be  true,  that  New  Mexico  and  the  Californias  are  now  in  our 
iinilis]iuted  occupation — if  it  be  right  that  they  should  never  be  sur- 
rendered to  Me.\ico — -if  these  territories  are  so  permanently  ours 
that  no  treaty  of  peace  such  as  we  would  be  willing  to  make  can 
change  our  relations  towards  them — if  it  be  true  that  we  have  the 
power  and  the  right  now,  to-day,  to  extcndour  civil  authority  over 
them  and  make  them  constituent  parts  of  our  country,  have  we 
not,  I  ask,  got  full,  and  more  than  full,  indemnity  in  our  own  hands? 
We  have  one  state  more  than  the  President  asked  for  in  his  ulti- 
matum, and  the  "  pecuniary  consideration"  which  the  President 
was  willing  to  pay  in  the  bargain,  is  still  in  our  treasury  Why 
then  continue  the  war  for  inilemnify  ?  Is  it  because  you  wish  to 
compel  a  treaty  from  Mexico?  This  cannot  he  the  object  of  the 
Executive,  for  he  has  told  us,  and  he  has  told  Mexico,  that  no 
treaty  of  peace  can  deprive  us  of  the  possession  of  these  territo- 
lics.  Or  do  you  doubt  your  title  of  conquest,  that  you  wish  to 
compel  Mexico  by  force  of  arms  to  stinetion  that  title  by  receiving 
indenmity  from  lis  ?  All  must  acknowledge  that  we  have  full 
indemnity  now  in  our  hands,  and  whether  we  shall  continue  to  hold 
it  or  not  depends  upon  the  will  and  pleasure  of  this  government. 
Mexico  lias  no  jiowcr  to  rescue  it  from  us.  AVliy  then  eontinue 
to  slaughter  Mexicans,  and  to  sacrifice  the  lives  of  thousands  of 
our  own  people  for  territorial  indemnity  already  in  our  posses- 
sion, and  which  can  only  be  lost  to  us  by  our  own  government  re- 
ject it  as  an  illegal  and  an  unjust  acquisition  ? 

There  is  no  necessity  of  continuing  the  war  for  indemnity.  We 
have  it  now  if  we  thinl;  proper  to  enjoy  it.     The  question  now  i> — 


February  8.] 


THE  TEN  REGIMENT  BILL. 


241 


not  how  much  territorial  indemnity  we  shall  conquer  from  Mexico, 
but  whether  we  shall  hold  what  we  have  already  anquired.  This 
is  a  domestic  question,  and  it  would  be  well,  I  think,  for  us  to  settle 
it  amonjj  ourselves,  before  we  waste  more  money  and  shed  more 
blood  in  Mexico  It  may  turn  out  that  while  we  are  fightinj; 
Mexico  for  more  teiritory,  we  shall  reject  that  which  we  have  al- 
ready obtained  by  our  arms 

Having  shown  that  we  have  full,  and  more  than  full  indemnily 
for  the  past,  now  in  our  possession,  there  is  nothing  left  to  fight  for 
on  this  point,  but  security  for  the  future.  I  confess  that  I  am 
somewhat  at  a  loss  to  know  against  what  we  are  to  be  secured, 
and  also  wliat  is  to  be  the  nature  and  tlie  character  of  the  security. 
Is  the  President  afraid  that  Mexico  will  hereafter  raise  new 
armies  to  invade  the  United  States,  or  that  she  may  venture  to  re- 
cross  the  Rio  Grande,  to  re-conquer  the  disputed  territory  in 
Texas  ?  If  the  mortal  blows  which  we  have  inflicted  upon  Mexico 
are  not  sufficient  security  against  any  future  aggressions  on  her 
part,  nothing  short  of  utter  annihilation  can  give  that  security,  and 
that  kind  of  securily  we  disclaim.  Can  it  be,  that  this  nation  of 
twenty  millions  of  freemen — this  republic  of  moral  and  physical 
power  sufficient  to  defend  itself  against  the  world  in  arms,  requires 
tor  its  safety,  a  bond  from  Mexico  that  she  will  keep  the  peace  ! 
As  well  might  a  giant  ask  of  a  fretful  pigmy,  security  against  an 
assault  upon  his  person.  But  we  desire  security,  says  the  Senator 
from  New  York  (Mr.  Dix,)  against  foreign  interference  in  Mexico. 
I  agree  to  all  that  that  honorable  Senator  said,  and  so  eloquently 
said,  against  the  unlawful  and  wicked  policy  of  foreign  inter- 
ference; but  I  did  not,  Icain,  by  the  Senalor's  argument,  how 
ws  were  to  resist  the  injuslice  of  that  policy,  by  interfering  with, 
and  overthrowing  the  government  of  a  sister  republic. 

But  how  can  you  get  this  security,  if  you  think  proper  to  demand 
it  ?  Will  the  word  of  Mexico,  pledged'in  a  treaty,  suffice  ?  This 
v/ould  bind  Mexico,  but  it  would  not  bind  other  nations  who  might 
desire  to  interfere.  And  who  will  be  Mexico's  security  that  she 
will  keep  her  word?  Will  you  accept  of  any  foreign  interferem-e 
for  that  purpose  ?  It  is  all  idle  to  talk  about  prosecuting  this  war 
to  obtain  security  for  the  future.  The  United  States  is  strong 
enough  to  be  her  own  securily  against  any  future  aggression  upon 
her  national  rights,  be  it  made  by  Mexico  alone,  or  in  combination 
with  any  or  all  the  nations  of  the  world. 

The  fourth  object  of  the  war,  "  to  conquer  a  pe.ace,'"  has  not  yet 
been  realized. 

Although,  when  Congress  acknowledged  the  war  and  provided 
for  its  prosecution,  peace,  and  speedy  peace,  was  made  its 
first  and  great  object,  the  policy  since  pursued  by  the  Execu- 
tive has  so  prolonged  and  so  complicated  the  accomplishment 
of  this  object,  that  it  is  now  very  douluful  whether  we  are  to 
conquer  peace  until  we  shall  have  conquered  every  thing  else  in 
Mexico  that  can  be  conquered.  Peace  now  seems  to  be  not  only 
the  last,  but  the  least  thing  worthy  of  our  couquest.  But  there  is 
a  point,  in  the  prosecution  of  every  legitimate  war,  when  peace 
forces  itself  upon  the  successful  party.  That  point  is  when  all  the 
declared  objects  of  the  war  have  been  obtained.  To  carry  on  a 
war  after  this,  is  to  convert  a  war  which  may  have  been  legal  and 
just  in  its  inception,  into  an  illegal  and  an" unjust  one.  It  then 
becomes  a  war  of  aggression,  having  no  object  for  its  further  jiro- 
secution,  other  than  the  spoliation  or  thedestrnction  of  the  enemy. 
Such  a  war  can  never  conquer,  that  is,  restore  peace  between  the 
contending  nations.  It  is  a  war  against  peace.  It  is  war  for  the 
sake  of  war.  Thus  it  is— and  such,  I  fuur,  is  the  character  now 
about  to  be  assumed  by  our  war  in  Mexico — that  war  assumes 
its  most  terrific  and  ungovernable  aspect.  Flushed  with  victory, 
excited  by  blood,  with  the  enemy  prostrate  and  helpless  at  our 
feet,  and  every  object  for  which  we  commenced  hostilities  attained 
ot  within  our  control,  if  we  do  not  make  peace  now,  this  war  will 
become  an  ex  parte  war.  Then,  with  no  enemy  in  the  field  to  re- 
sist our  arms,  and  with  no  government  in  council  to  accept  our 
terms  of  peace,  war  will  become  our  master,  and  standing, 
■with  the  weapons  of  death  and  destruction  in  his  hand,  upon  the 
ruins  of  Mexico,  will  turn  his  grim  visage  upon  us,  and  defy  our 
control.  It. is  in  vain  for  us  to  seek  to  conquer  a  peace  from 
Mexico.  She  is  reduced  to  that  postion  by  our  arms,  in  which 
she  can  neither  maintain  war  nor  makii  peace. 

But  the  P^xecntive  says  we  must  continue  to  prosecute  the  war 
for  the  purpose  of  compelling  Mexico  to  make  a  treaty  with  us.  ' 
Let  us  enquire  how  or  by  what  process  the  President  expects  to 
arrive  at  this  result.  He  informs  us  in  his  message,  that  hereto- 
fore the  war  has  been  conducted  in  a  spirit  of  liberality  and  for- 
bearance towards  Mexico.     That 

"The  Mexic-ins  lia\  iiiir  thu^  shown  themselve'^  lo  be  vvltolly  iiicanaljle  of  .nppieci;!- 
Ims  our  forbearance  anil  liberality,  it  was  deemetl  [iroper  lorJiiinKe  the  mannerof  con- 
iliieting  the  war,  by  making  them  feel  its  pressure  aec'orihng  lo  the  usages  observeil 
under  similar  iircuinstane.?s  by  all  olher  civilized  nations." 

To  make  the  Mexicans  feel  this  additional  pressure  of  the  war, 
the  President's  scheme  is  this,  (|iart  of  which  has  alreadv  been 
executed,)  by  drawing  supplies  from  the  people  of  Mexico  without 
paying  tor  them— by  seizing  upon  all  the  external  and  internal  re- 
venues—and m  addition  to  the  several  States  now  in  our  mil- 
itary occupation,  to  take  possession  of  all  the  others.  To 
spread  our  army  over  all  Mexico,  and  then  to  prosecute  the  war 
with  mcreased  energy  and  power  in  the  vital  parts  of  the  enemy's 
country.  In  thus  prosecuting  the  war,  the  President  does  not  tail 
to  see,  as  all  must  see,  the  very  result— the  overthrow  of  the  Mex- 
ican government,  which  he  solemnly  disclaims  to  be  his  object  and 
seeing  t  us,  h»  anticipates  the  emergency,  and  proposes  that  if  we 
should,  by  this  mcreased  energy  and  power,  strike  so  hard  as  to 

30th  Cono,— 1st  Session,— No.  31. 


annihilate  the  government  of  Mexico,  to  restore  it  to  life  again 
and  give  to  the  people  of  Mexico,  under  the  "'encouragement  of 
our  commanding  generals  in  the  field,  a  free  republican  govern- 
ment of  their  own  choice,  able  and  willing  to  conclude  a  peace 
■which  ■would  be  just  lo  them,  and  secure  to  us  the  indemnity  we 
demand.  Tliis  may  become  the  only  mode  of  obtaining  such  a 
peace.-' 

But,  sir,  suppose  our  commanding  generals  in  the  field  should 
fail,  by  means  of  forced  contributions,  by  confiscation,  by  taxes, 
by  stamp  duties,  by  striking  first  at  the  heart  and  then  at  the  vi- 
tals, by  fire  and  sword,  to  encourage  the  people  of  Mexico  in  the 
establishment  of  a  free  republican  government  of  "their  own 
choice,"  aiile  and  willing  to  conclude  a  peace  which  would  secure 
to  us  the  "indemnity  we  demand."  What  then  ?  The  President 
has  also  gu.nrded  this  point.  He  is  prepared  even  for  this  ultima- 
tum.    Let  him  answer  for  himself. 

"If,  after  atfording  this  eneouragement  and  protection,  ami  after  all  the  persevering 
and  sincere  eflorts  we  have  niarle,  J-roni  the  moment  Mexico  commenced  the  war,  and 
prior  to  that  time,  to  adjust  our  difl'erences  with  her,  we  shall  ultimately  fail,  then  we 
shall  have  exhausted  all  huiior.ahle  means  in  pursuit  of  peace,  and  must  continue  to 
occupy  her  country  with  our  troops,  taking  the  fall  mr,i.iurp  of  irtdemnittj  into  our 
"own  hands,  and  must  enlbrce  the  terms  which  our  honor  demands." 

Then,  indeed,  we  shall  have  exhausted  all  means  of  peace,  for 
we  shall  then  stand  ujion  the  tomb  of  a  sister  republic,  amidst 
the  ruins  of  her  former  glory,  and  with  the  arrogance  of  the  con- 
queror, take  full  measure  of  indemnity  into  our  own  hands  and  en- 
force such  terms  as  our  honor  demands.  There  will  be  none  to 
stay  our  hand  or  to  resist  our  power.  The  President  here  drops 
his  demand  of  "security  for  the  future."  It  is  well;  for  there  will 
liien  be  no  future  left  to  Mexico.  Who  so  blind  as  not  to  see  the 
result  to  which  the  jiolicy  of  the  Executive  leads  '  Who  does  not 
see  that  his  conquest  of  peace  means  the  conquest  of  Mexico  ? 

I  will  now  proceed  to  consider  my  fourth  proposition.  That 
the  additional  military  force  now  asked  for,  is  to  be  used  for  the 
purpose  of  conquering  Mexico  and  annexing  her  people  and  terri- 
tory to  our  Union.  This,  I  have  said,  is  a  new  object  of  the  war 
never  before  openly  avowed  by  the  Executive,  nor  sanctioned  by 
Congress,  nor  contemplated  by  the  country. 

It  is  something  more  than  a  new  object  of  an  existing  war.  It 
is  in  fact  a  new  war  now  about  to  be  authorized  or  rejected  by 
Congress.  In  comparison  to  this  war  for  the  annihilation  of  Mex- 
ico, that  called  the  existing  war,  will  soon  be  only  known  by 
the  name  of  the  late  war.  The  causes  which  brought  it  on  and 
the  objects  for  which  it  was  waged,  will  be  overlooked  and  for"ot- 
ten,  or  only  recited  as  a  prologue  to  that  deep  and  fatal  tragedy 
we  are  now  about  to  perlbrm  on  Mexico.  ° 

One  of  the  greatest  obstacles  to  the  adjustment  of  our  difficul- 
ties with  Mexico,  arises  out  of  the  fact,  that  there  never  was  a  le- 
gal declaration  of  war  by  cither  nation.  Congress  has  not  to  this 
day  declared  the  causes  which  led  to  the  war,  nor  specified  the 
objects  for  which  it  is  to  be  prosecuted,  other  than  the  general  on» 
I  have  before  stated,  a  speedy  and  successful  peace.  Instead  of  a 
solemn  declaration  of  causes  and  objects,  we  have  had  nothing  but 
catch- words  and  cant  phrases — such  as  revenging  blood,  conquer- 
ing peace,  indemnity  and  security,  manifest  destiny,  and  the  mis- 
sion of  the  Anglo-iSaxon  race.  Now,  sir,  before  we  enter  upon 
this  war,  for  the  annihilation  of  a  sister  republic,  let  us  at  least 
declare  to  the  world  the  causes  which  iiupel  us  to  the  act.  When 
in  the  course  of  human  events  it  became  necessary  for  our  fathers 
to  dissolve  the  political  bands  which  connected  them  to  the  raotber 
countrv,  and  to  assume  among  the  powers  of  the  earth  a  separate 
and  equal  station,  they  deemed  it  due  to  the  opinions  of  mankind 
that  they  should  declare  the  causes  which  impelled  them  to  the  se. 
paration.  With  what  religious  solemnity  ;ind  scrupulous  partiou- 
lai-ity  they  recount  the  causes  which  led  them  to  resort  to  arms  in 
defence  of  their  rights  ! 

If  in  the  case  of  <i  revolutionary  war — a  war  in  defence  of  social 
and  political  liberty — a  decent  respect  to  the  opinions  of  mankind 
required  a  declaration  of  the  causes  which  led  our  people  to  dis- 
solve the  political  bands  which  had  connected  them  with  another 
how  much  more  does  a  respect  Iter  those  opinions  demand  of  us  to 
declare  the  causes  which  impel  us  to  destroy  the  political  existence 
of  a  sister  republic,  for  the  purpose  of  annexing  its  people  and 
territory  to  our  dominion  ? 

If  it  be  the  will  of  this  nation  to  prosecute  a  war  for  this  pur 
pose,  it  is  due  to  ourselves,  it  is  due  to  Mexico,  it  is  due  to  the 
world,  that  we  should,  by  all  the  forms  known  to  the  constitution 
and  to  the  laws  of  nations,  declare  the  causes  and  the  objects  of 
such  a  war.  At  present  there  is  no  authority  expressed  or  impli 
cd  for  its  prosecution  ;  there  is  no  statute,  nor  the  preamble  to  a 
statute,  acknowledging  its  existence.  The  bill  now  upon  our  ta- 
ble, if  it  should  pass,  will  be  the  first  act  by  the  war-making  pow 
er,  giving  sanction  to  this  new  war.  For  this  undeclared,  unac- 
knowledged, unlawful,  executive  war,  I  will  not  vote  one  Hollar 
nor  one  man.  Upon  this  point  I  take  my  stand,  and  make  the  issue 
upon  the  conquest  of  Mexico  and  its  annexation  to  our  Union.  For 
the  accomplishment  of  such  an  object,  I  cannot,  I  dare  not,  and  I 
will  not,  give  to  the  Executive  either  men  or  money. 

■But  it  is  said  that  the  Executive  does  not  intend  to  prosecute  the 
war  to  this  fatal  result.  Whatever  may  be  the  intentions  of  the 
Executive,  I  know  not  ;  but,  I  think,  I  have  already  shown  that 
the  policy  laid  down  in  his  late  message,  for  the  future  prosecution 
of  the  war,  must  inevitably  lead  to  the  annihilation  of  Mexico.  In 
addition  to  this,  much  evidence  has  been  elicited  during  this  debate 
to  satisfy  me.  that  if  this  result  is  not  designed,  it  is  certainly  ex- 
pected. 


242 


THE  TEN  REGIMENT  BILL. 


[TuE^DAY) 


When  the  distinguisheil  Senator  from  Sonth  Carolina  introduced 
his  resohitions  against  the  annihilation  of  the  na'ionality  of  Mexico, 
the  Senator  from  Michigan  (Mr,  Cass)  called  it  an  ahstraction, 
and  that  Senator  was  so  much  snrprised  by  the  monstrosity  of  the 
proposition,  that  he  involuntariy  exclaimed  from  his  seat,  ■'  who 
thinks  of  it  !''  It  was  a  ihousht  too  monstrous  to  he  entertained 
for  a  moment.  Yet,  sir,  but  a  few  days  jiass,  and  that  honorable 
Senator  does  '•'  think  of  it." 

Mr.  CASS  said,  no,  he  had  never  ihonslit  of  any  such  tliin2,  and 
hoped  the  Senator  from  New  Jersey  would  not  misrepresent  hmi. 

Mr.  MILLER. — I  certainly  do  not  wish  to  misrepresent  that 
honorable  Senator,  and,  I  think,  if  he  will  hear  nic  a  little  further 
he  will  be  satisfied  thawl  have  no  such  intention,  I  do  not  say 
that  that  Senator  is  in  favor  of  the  project,  for  I  know  he  has  dis- 
claimed It  several  tijnes  in  the  cour.se  of  this  debate,  and  I  am  hap. 
py  to  bear  liim  disclaim  it  now  ;  but  certainly  (hat  Senator  must 
admit  that  he  has  since  thought  of  the  subject— thoui^ht  of  it,  too, 
with  complacency— thinks  the  thing  can  be  done  without  liarm — 
for  be  has  said  that  if  we  should  swallow  all  Mexico  it  would  not 
kill  us.  He  has  also  been  thinking  about  piiblie  opinion  relative  to 
this  subject,  and  has  told  us  that  if  the  people  of  the  United  States 
make  up  their  minds  to  have  all  Mexico,  it  would  be  as  vain  in  us 
to  attempt  to  dcleat  that  opinion,  as  to  resist  the  cataract  of  Nia- 
gara, This  is  an  apt  simile  for  the  subject  ;  I  have  no  doubt  that 
The  public  opinion  which  shall  compel  us  to  swallow  all  Mexico, 
will  be  of  the  cataract  order.  For  public  opinion  collected  into  su,-  h 
a  riotous,  tumuliaous,  ungovernable  torrent  as  that,  I  may  have 
some  fear,  but  can  have  no  respect.  Yet,  I  think  the  honorable 
Senator  is  more  than  half  inclined  to  jiusli  his  bark  into  it,  and  with 
the  current  leap  the  cataract. 

But  we  have  something  more  than  mere  thoughts  and  opinions 
upon  this  subject.  The^  abstraction  of  the  Senator  from  South 
Carolina  is  rapidly  gettinfj  to  be  a  reality.  One  Senator  tells  us 
the  thiiig  may  be  done  without  harm  ;  another  tells  us  how  it  is 
to  be  done  ;  a  third  points  out  the  mode  and  manner  in  which  we 
shall  dispose  of  the  people  of  Mexico  after  we  have  annihilated 
their  government.  And  then  comes  the  Senator  from  Mississippi. 
(Mr.  FooTF.)  who,  to  satisfy  the  consciences  of  a  Christian  peo- 
ple that  the  conrpiest  is  lawful,  gives  us  divine  authority  for  the  act. 
He  refers  us  to  the  conquest  of  the  land  of  Canaan  by  the  Israel- 
ites. Without  stopping  to  inquire  whether  there  is  any  second  Mo- 
ses among  us,  who  has  seen  the  burning  bush  or  heard  the  voice 
on  the  mountain,  I  would  merely  beg  leave  to  remark,  that  the  Se- 
nator's authority  does  not  suit  our  case.  The  chddrcn  of  I.srael 
were  slaves  in  Egypt.  They  left  the  land  of  bondage  and  went 
into  the  land  of  promise — the  land  of  their  fathers,  too — for  the  pur- 
pose of  obtaining  religious  and  politicil  freedom  j  but  in  our  Exo- 
dus we  are  to  go  from  the  land  of  liberty,  from  The  land  of  our 
fathers,  down  into  the  land  of  bondage,  into  a  strange  land  where 
our  fathers  have  never  been.  The  only  similarity  in  the  two  cases 
■will  be  found  in  the  journey  through  the  wilderness  of  fiery  serpents 
and  deadly  plagues. 

We  next  have  the  acts  of  the  government  in  the  general  order 
lately  issued  by  our  eommandini  general  in  Mexico  under  The  di- 
rection of  the  Executive,  By  this  order  the  army  is  to  spread  it- 
self over,  and  to  occupy,  the  republic  of  Mexico.  Then  the  order 
directs  that, 

"  Ou  the  occupation  of  the  principal  point  or  points  in  any  Slate,  tlie  payrtiorit  to 
Ilie  Federal  Government  of  this  Republn-  of  all  taxes  or  lines,  of  witatever  luanie  or 
kind,  heretofore — say  in  the  year  1844 — payahle  to  or  coilecteit  hy  that  (Io\  ernnienl. 
is  ahsolutely  prohihiteti,  ;i,s  ail  such  taxes  or  dues  will  he  liemaiiilcd  of  the  [iiopcr  civil 
authorities  for  the  support  of  the  army  of  occiip.'ilion." 

"The  internal  taxes  or  dues  referred  to  are  :  I,  direct  taxes  ;  'J,  duties  on  the  pro- 
duction of  gold  and  silver ;  'i,  melting  and  assayinj;  dues  ;  4,  llie  tohacco  rent  ;  ,t.  the 
rent  of  st.imped  paper ;  ti,  the  rent  of  tiie  maniiiacture  of  playing  cards ;  and,  7,  tlie 
rent  of  jioat  offices." 

In  addition  to  this,  the  Chairman  on  Military  all'airs,  speak- 
ing by  authority,  itiforms  us  that  the  increase  of  the  artuy  is  re- 
quired to  enable  us  to  take  possession  of  every  state  capital  in 
Mexico;  to  go  from  town  to  town,  in  order  to  conquer  what  he 
calls  the  stnbborness  of  the  Mexican  people  What  kind  of  war- 
fare is  this,  and  in  what  must  it  result?  Hilbcrto,  we  have  been 
warring  against  the  government  of  Mexico,  we  have  been  fighting 
for  what  we  called  national  rights  on  our  part,  against  national 
wrongs  and  aggressions  on  the" part  of  Mexico,  Wc~bave  with  our 
own  men  and  money,  hitherto  carried  on  this  wai'.  We  have  met 
the  national  enetny  in  fair  lirfit,  defeated  all  his  armies,  and  over- 
thrown his  government.  What  do  we  propose  to  do  now  ?  Why, 
sir,  to  make  war  upon  the  people  of  Mexico,  in  their  private  ami 
social  eharat'ter.  To  go  from  town  to  town,  not  to  contend  willi 
armed  men,  but  to  tax  unresisting  citizens;  not  to  storm  national 
Ions,  but  to  intrude  into  every  man's  castle,  his  dwelling  house; 
not  to  capture  nationtti  property,  magazines,  arsenals  and~forti!icd 
cities,  but  to  collei-t  tobacco  rents,  playing  card  tents,  and  slam]i- 
papcr  rents.  If  ibis  lie  the  kind  of  service  in  whitdi  the.se  ten  regi- 
ments are  to  be  einployeil,  I  agree  with  the  Senator  from  Missis- 
sippi, (Mr,  Uavis,)  that  they  should  be  "  composed  of  a  lower 
material," 

It  is  no  fit  service  for  the  gallant  citi/.en  soldier.  Police  men, 
tax  gatherers  and  constables,  and  old  custom  house  oiriccrs,  are  the 
materials  for  this  army.  It  is  no  place  for  the  heroes  of' the  last 
campaign,  and  I  congratulate  the  Senator,  as  one  of  those  honor- 
ed heroes,  upon  bis  having  retired  from  sncli  a  service  as  this 
It  is  well  that  the  gallant  Quitman,  and  the  heroic  Shields,  -hould 


have  leave  of  absence.  It  is  right  that  the  old  hero  of  Bnena 
Vista,  should  be  permitted  to  return  to  the  comforts  of  his  own 
fireside. 

Yes,  sir,  if  this  be  the  kind  of  warfare  you  intend  to  carry  on  in 
Mexico,  call  home,  (don't  suspend,)  call  home  under  any  pretence 
von  may  please  to  to  assign,  the  commanding  general.  That  is 
no  fit  business  for  the  Wellington  of  the  new  world,  although  the 
first  of  generals,  he  will  make  but  a  poor  collector  of  taxes. 

Mr,  DAVIS,  of  Mississippi. — Will  the  honorable  Senator  allow 
me  an  opportunity  to  correct  the  misconception  he  has  fallen  into 
of  the  true  meaning  of  my  remarks,  to  which  he  has  just  made  a 
special  reference  ?  The  Senator  has  greatly  misapprehended 
my  meaning,  greatly  misunderstood  my  feeling,  if  he  sup- 
poses that  I  said,  or  thought,  the  regular  soldiers  of  our 
army  should  be  drawn  from  a  class  mortilly  degraded.  I 
described  the  duties  of  holding  posts  upon  military  lines;  when 
active  service  was  not  anticipated,  where  the  presence  of  danger 
did  not  act  as  a  substitute  for  discipline,  and  where  there  can  be 
but  little  to  support  that  military  enthusiasm  which  draws  the 
militiaman  from  his  home,  as  more  appropriately  and  beneficially 
to  be  performed  by  "regulars."  I  spoke  of  them  as  a  class  of  men 
whose  commercial  and  family  connections  were  not  such  as  to 
make  it  a  great  sacrifice  to  continue  in  war.  whose  condition  recon- 
ciled ttiem,  for  the  pay  of  a  soldier,  to  take  up  arms  and  follow  it 
as  the  profession  of  their  life.  LTpon  such  men  standing  in  such 
relations  to  the  government,  it  is  admissible,  it  is  just  to  impose 
duties  which  we  should  not  require  to  be  performed  by  the 
volunteer — a  citizen  whose  professional,  property,  and  family 
interests  are  sulTcring  in  his  absence  ;  a  patriot  whose  ear 
became  deaf  to  every  other  voice  when  he  heard  his  coun- 
try calling  for  men  to  sustain  her  standard  in  a  foreign  war. 
I  surely  never  intended  to  degrade  in  his  uses  or  his  character, 
my  old  comrade,  the  regular  soldier.  In  my  estimation  we  have 
no  class  among  our  citizens  suited  for  such  purposes  as  the  Sena- 
tor indicates.  These  purposes  are  of  bis  own  creation.  Our  offi- 
cers have  never  projected  the  working  of  mines  by  soldiers,  nor 
have  they  descended  to  the  duties  of  tax  gatherers  ;  they  have  done 
no  more  than  the  universal  usage  of  civilized  war  justifies  in  such 
cases,  they  have  fallen  far  short  of  the  practice  by  invading  armies 
of  other  countries.  To  a  very  small  extent  only  has  it  ever  been  at- 
tempted to  quarter  our  forces  upon  the  enemy.  The  only  question 
which  could  be  justly  entertained,  is,  whether  our  leniency  has  not 
exceeded  the  limit  of  policy.  The  Senator,  as  others  have  done 
before  him,  treats  of  the  enemy  as  conquered,  prostrate,  at  our 
mercy.  He  says  Mexico  must  be  galvanized  into  the  seeming 
of  hostility.  Heretofore  I  have  expressed  the  opinion,  that  this 
confidence  in  the  helplessness  of  Mexico  might  produce  such 
results  as  flowed  from  the  ill  founded  .security  of  former  times. 
Lying  before  me  are  two  'papers  just  received — one  contains  a 
letter  from  the  mouth  of  the  Rio  CJrande.  dated  25th  of  January, 
the  other  a  statement  from  an  offieer  recently  returned  from  the 
army  division  commanded  by  Gen,  Wool.  Both  stieak  of  a  proba- 
ble attack  upon  that  column — both  refer  to  the  organization  of  an- 
other movement  from  San  Luis  de  Potosi.  In  the  beginning  of  this 
discussion  I  urged  the  speeily  passage  of  the  bill  before  us,  to  meet 
exactly  this  contingency.  It  is  one  of  the  various  reasons  which 
now,  as  then,  in  my  opinion  calls  for  prompt  action  by  the  Senate. 
If  the  Senator  will  indulge  me,  I  will  notice  a  remark  which  he 
made  in  special  reference  to  my  colleague,  who  was  not  in  his 
.seat.  It  was  in  reference  to  the  general  charge  against  the  de- 
mocracy of  the  present  day,  as  imprudentiv  grasping  after  terri- 
tory, as  unmindful  of  the  lessons  of  our  fathers,  and  unmindful  of 
the  limitations  of  the  constitution.  The  men  of  our  revolution,  when 
forming  the  compact  of  our  L^nion,  looked  to  the  north  and  contem- 
plated the  annexation  of  the  British  possessions  in  Canada,  The 
fuirdv  pioneers  who  crossed  the  AUeghanies,  whilst  they  yet  stood 
in  the  midst  of  a  vast  wilderness,  were  ready  to  secure  their  com- 
mercial intcrsts  by  fighting  for  the  mouth  of  the  Mississippi,  By 
revolutionary  movement  a  part  of  West  Florida  was  seized  by  our 
people,  for  security.  President  Madison  extended  United  States 
jurisdiction  over  it.  Alexander  Hamilton,  who  will  probably  be 
reeognizetl  as  the  highest  authoriiv  bv  the  honorable  Senator,  en- 
tertained opinions  compared  to  which,  any  I  have  heard  expressed 
here  are  very  ciicuniscrihed.  In  a  Iciter  addressed  to  Major 
McHenry,  in  1797,  Mr.  Hamilton  says,  in  connection  with  the 
subject  of  military  preparation  : 

"Besides  eventual  s(?curilv  apaiust  invasion,  we  ou<;lit  to  look  certainly  to  the  po3 
session  of  the  Kloridas  and  Louisiana,  and  we  oii;,'iit  to  si]uint  at  t^outh  America," 

Forbearing  from  either  comment  of  argument,  I  refer  to  these 
evidences  ill  our  past  history,  to  show  that  the  conduct  of  the 
present  administration  has  not  exceeded  the  policy  of  past  times; 
that  we  arc  not  merely  running  into  excesses,  but,  as  a  compari- 
son of  condut?t  will  show,  the  men  of  to-day  arc  more  conservative 
than  those  of  an  earlier  period  They  strode  forward  with  the 
free,  vigorous  step  oi"  youth;  we  move  with  the  cautious,  measured 
tread  of  maturcr  years;  and  when  we  are  called  ''  progressives." 
and  charged  with  rashness  in  our  policy  of  territorial  extension — 
let  history  answer. 

Mr.  MILLER. — I  would  be  the  last  to  misrepresent  the  Sena- 
tor. The  kind  of  service  I  refer  to  is  that  indicated  in  the  Gener- 
al Order  issued  by  the  commanding  general  under  the  direction  of  our 
Executive.  It  is  this  kind  of  service  which  I  consider  would  be  de- 
grading to  the  gallant  .spirits  who  fought    the  last  campaign;  and 


February  8.] 


THE  TEN  REGIMENT  BILLS 


243 


in  that  view,  I  think  the  Senator  and  myself  entirely  agree.  For, 
sir,  did  not  the  Senator  on  the  occasion  to  which  allusion  has  been 
made,  draw  a  very  strong  line  of  distinction  between  the  volun- 
teers and  regulars  with  especial  reference  to  the  morale  of  the 
two  descriptions  of  military  force  ?  Did  he  not  speak,  of  the  one 
as  the  "chivalry  of  the  country" — ''the  high-bred  gentlemen," 
fitted  for  the  battle;  whilst  he  represented  the  other  as  ''men  ol  a 
low  rrrade  in  society."  adapted  to  the  ■'mere  routine  duties  of  the 
police  of  a  garrison  V  Certainly,  if  my  recollection  serve  rac,  the 
honorable  gentleman  made  that  distinction  the  very  basis  of  his 
argument  in  lavor  of  the  employment  of  regulars  instead  ol  volun- 
teers, and  told  us  expressly  that  the  service  which  now  remained 
to  be  discharged  by  our  troops  in  Mexico  was  of  a  character 
which  the  "chivalry"  would  .spurn! 

I  have  referred  to  this  new  mode  of  prosecuting  the  war  for  tha 
purpose  of  showing,  that  by  it  the  Executive  intends  not  peace, 
not  indemnity  for  the  past,  nor  security  for  the  future,  l)ut  the  en- 
tire conquest  of  Mexico  and  the  annihilation  nf  her  nationality. 
He  has  already  more  than  half  accomplished  his  purpose.  The 
military  decree  which  I  have  read  snows  that  all  power  in  Mexi- 
co, political,  municipal  and  social,  is  now  exercised  by  our  com- 
manding General.  Having  overthrown  by  our  arms  every  organic 
form  of  government  in  Mexico,  we  are  now  at  work  upon  the  ele- 
ments of  society,  and  in  every  town  and  village  '.  in  every  man's 
house,  and  upon  every  man's  property,  the  hand  of  our  power  is 
seen  and  felt.  This  is  conquest,  thorough  and  entire,  it  is  con- 
quest in  that  terrific  form,  mentioned  by  the  Senator  from  Missis- 
sippi, (Mr.  Davis,)  ruin,  national  ruin,  the  annihilation  of  all  organ- 
ised power  to  resist  the  conqueror.  For  what  purpose  then  do 
you  want  this  new  army?  For  no  purpose  that  I  can  conceive  of 
but  to  reduce  a  subjngated  country  to  your  possession. 

The  Senator  from  South  Carolina  used  a  bold  and  startling  fi- 
gure when  he  said  Mexico  was  now  a  corpse,  but  it  is  no  less  true 
than  bold.  The  government  of  Mexico  is  dead  ;  it  can  neither 
raise  a  hand  to  resist  our  power,  nor  a  voice  to  ask  our  mercy. 
Mexico  lies  before  us  a  mere  subject  for  dissection.  The  mortal 
blows  inflicted  hy  our  army  have  brought  her  to  this.  There  is 
no  more  work  for  the  sword  to  do.  Now  let  the  President  approach 
and  operate  upon  the  subject.  This  is  his  business  !  Cut  olT  an 
arm  or  a  leg,  sever  the  head,  strike  at  the  heart,  pierce  the  vitals, 
dont  be  afraid  '.  It  is  a  poor  dumb  thing,  it  can  neither  speak  nor 
strike. 

But  do  not,  I  pray  you  employ  our  callant  army  in  this  mere 
surgical  operation.  The  Secretary  of  State  with  a  galvanic  bat- 
tery, if  made  of  gold,  can  give  motion  enough  to  the  hand  to  blur  a 
mark  to  a  treaty  of  peace,  and  a  little  more  pressure  upon  the  body 
will  force  out  sounds  resembling  indemnity  and  security. 

But  to  drop  this  ghostly  figure,  what  I  mean  to  say  is,  that 
Mexico  is  now  reduced  to  that  helpless  condition,  that  peace 
and  the  terms  of  peace  are  within  our  power,  and  under  our  solo 
control  and  dictation.  To  this  point  I  now  desire  to  call  the  at- 
tention of  the  Senate. 

All  parties  here  have  expressed  a  desire  for  speedy  and  honora- 
ble peace.  The  Senator  from  Arkansas,  [Mr.  Sevier,]  says  that 
there  is  no  man  in  the  nation  more  opposed  to  this  war  than  the 
President  himself.  If  all  bo  sincere  in  this  desire,  I  believe  wc 
can  have  peace  now,  and  save  any  further  waste  of  blood  or  money. 
All  admit  that  we  are  the  conquering  power,  and  as  such  wc  have 
the  right  to  dictate  the  terms  of  peace.  This  places  upon  us  the 
high  responsibility  of  saying  to  a  prostrate  foe,  what  shall  be  hon- 
orable peace?  I  ask.  then,  what  do  you  mean  by  honorable  peace, 
ourselves  being  judges?  Do  you  mean  national  honor  vindicated, 
national  rights  sustained,  and  national  security  acquired?  or  do  you 
desire  to  continue  the  war  for  revenge,  for  conquest,  and  for  spoli- 
ation ?  If  the  former  be  our  object,  we  have  obtained  them  all. 
National  honor  has  been  fully  vindicated  by  our  gallant  army.  In- 
demnity, we  have  now  in  our  possession  more  than  our  justice  will 
permit  us  to  hold.  If  security  for  the  future,  we  have  it  incur 
national  character,  and  in  the  terrific  strength  of  our  military 
power.  Military  glory  !  we  are  covered  all  over  with  it,  sufficient 
for  reputation  abroad,  and  for  home  consumption  for  fifty  years  to 
come. 

In  dictating  terms  of  peace  to  Mexico,  wc  must  take  care  not 
to  ask  of  her  more  than  she  can  give.  Our  justice  as  well  as  our 
humanity  forbids  such  an  exaction.  The  President  acknowledges 
this  principle  when  he  says  wc  cannot  ask  money  in  payment  of 
our  claims,  because  Mexico  has  not  got  it  to  give.  We  should, 
therefore,  not  ask  Mexico  to  sell  and  transfer  her  people  to  us. 
The  people  are  her  children,  and  she  has  not  the  power,  morally. 
or  politically,  to  transfer  them,  nor  we  the  right  to  demand  them 
at  her  hands.  Upon  this  government  now  rests  the  responsibility  of 
restoring  peace  or  of  prolonging  the  war.  Mexico  can  have  but 
little  to  soy  or  do  in  the  matter.  If  nothing  but  acquisition  of 
territory  will  satisfy  our  demands,  why  not  take  it;  and  be  done 
with  this  war.  Why  fight  Mexico  in  order  to  compel  her  to  grant 
that  which  wo  have  already  acquired,  and  declared  to  he  perma- 
nently ours,  and  which  she  has  no  power  to  rescue  from  our  enjoy- 
ment ?  I  consider  the  terras  of  peace  with  Mexico  no  longer 
a  question  between  her  and  the  United  States.  It  has  become 
purely  a  domestic  question?  Whether  we  shall  take  the  whole,  part, 
or  none  of  Mexico;  whether  we  shall  dismember  her,  and  devour 
m  parts,  or  swallow  her  whole,  are  questions  to  be  settled  between 
ourselves. 

These  are  the  very  questions  which  are  now  entertained  by  the 
Executive,  are  discussed  by  honorable  Senators  here,  and  which 
agitate  the  public  mind.    Can  we  agree  upon  these  questions?  Some 


are  for  no  territory,  some  for  part,  a  few  for  the  whole.  The 
north  for  free,  the  south  for  slave  territory,  some  for  regenerating 
Mexico,  others  for  annihilation,  some  for  holdins  her  as  a  proi 
vince,  others  for  annexation  to  the  Union.  But  of  all  these  who 
thinks  of  consulting  Mexico  as  to  which  mode  she  would  prefer. 
It  is  not  Mexico  who  prevents  peace  upon  the  terms  demanded  by 
our  Executive.  It  is  the  people  of  the  United  Slates — it  is  the 
safety  of  the  Union — it  is  the  constitution,  which  now  stand  in  the 
way  to  reject  that,  which  Mexico  has  already  yielded  to  our  arms. 
Peace,  I  repeat,  is  now  under  our  sole  control  and  dictation. 
Why  not  then,  I  ask,  meet  the  high  responsibilities  of  the  occasion, 
and  in  the  spirit  of  justice  and  humanity  make  peace  for  ourselves- 
Mexico  is  at  your  mercy.  You  may  kill  her,  or  let  her  live.  You 
may  take  part  or  all  her  territory  as  your  interest  or  your  honor 
may  dictate.  The  enemy  has  felt  your  power,  now  let  him  feel 
your  clemency,  and  if  the  latter  shall  be  as  great  as  the  former, 
the  glory  of  our  arms  will  be  only  surpassed  by  the  more  endur- 
ing glory  of  our  justice  and  mercy.  Make  peace  upon  any  terms 
you  choose,  you  need  not  fear  a  loss  of  national  honor.  For  he  who 
has  power  to  dictate  peace  to  a  vanquished  foe  cannot  be  dis- 
graced  by  the  liberality  of  its  terms.  Let  us  then  bring  this 
war  to  a  elo.se.  The  country  demands  it  at  our  hands.  Our 
vengeance  fully  gratified  submits  to  it.  Our  honor  vindicated  in  ten 
glorious  victories  without  a  single  defeat,  cal'sfor  it.  A  prostrate 
foe  supplicates  it.  The  business  of  the  people  from  evei*\'  field  of 
labor  cries  for  it.  The  safety  of  our  free  institutions  commands  it. 
And  what,  I  ask.  forbids  it.  Nothing!  but  the  false  shame  of 
party  inconsistency.  The  cowardice  of  politicians.  The  lust  of 
dominion,  and  that  Turk-cry,  manifest  destiny. 

Mr.  President:  In  consulting  the  history  of  nations,  it  will  be 
found  thtit  there  is  an  epoch  in  the  existence  of  each,  when  a  tempt- 
ation presents  itself,  which  resisted  or  yielded  to,  marks  the  future 
character  of  1;he  nation  for  good  or  for  evil.  That  temptation  is 
now  presented  to  this  republic — -it  is  Mexico.  It  is  a  broad  and  a 
rich  land — a  land  nf  silver  and  of  gold — a  land  without  a  govern- 
ment to  protect  it,  and  without  a  people  capable  of  defending  it,  and 
it  lies  before  us  an  easy  tempting  prey.  There  is  none  to  stay  our 
hand  or  to  resist  the  gratification  of  our  ambition.  The  mystery 
of  her  origin,  the  story  of  her  former  conquest,  play  upon  our  fancy 
and  excite  our  heroic  passions.  Already  has  the  tempter  carried 
us  to  the  pinnacle  of  the  temple  and  pointed  out  the  rich  treasures 
of  the  city  beneath.  Wc  now  stand  upon  the  high  mountain — at 
f>ur  feet  lie  twenty  states,  with  their  cities  and  towns — their  tem- 
ples of  religion,  and  their  palaces  of  state.  The  tempter  whispers 
in  our  ear  all  these  shall  be  yours  if  you  will  fall  down  and  worship 
the  god  conquest.  History  .stands  ready  with  her  pen  of  steel  to 
record  our  determination.  Shall  we  bow  down  to  the  evil  spirit, 
and  fall  as  other  nations  have  fallen,  or  shall  wc  maintain  our  virtue 
and  rise  to  god-like  courage,  and  s.ay  "get  thee  behind  me  Satan," 
The  temptation  is  mighty — the  power  to  resist  only  divine.  I  know 
of  no  nation,  in  ancient  or  in  modern  times  that  would  resist  so  easy, 
yet  so  rich  an  acquisition  to  its  dominion.  To  say  nothing  of  the 
heathen  world,  not  one  of  the  powers  of  modern  EuropcJ  would 
withstand  the  temptation.  England  would  not,  as  she  has  shewn 
by  her  conquest  in  the  east.  France  would  not,  as  she  is  now 
proving  by  her  attempts  upon  Algeria.  As  to  Russia,  Prussia, 
and  Austria,  let  the  partition  of  Poland  answer  There,  too.  is 
old  Spain,  once  the  proudest  and  the  mightiest  of  them  all.  she 
also  has  had  her  temptation.  It  was  this  same  Mexico  which  now 
fascinates  us.  Allured  by  its  mines  of  silver  and  gold,  which  now 
entice  us — excited  by  the  spirit  of  propagandism,  which  now  in- 
spires us,  she  too  yielded  to  the  tempter,  and  for  a  while  went  on 
from  conquering  to  conquer,  until  in  her  tnrn,  she  was  made  to 
lick  the  dust  beneath  the  chariot  wheels  of  thai  false  deity  she  had 
worshipped,  when  that  chariot  rolled  in  triumph  over  the  fair  fields 
of  Aragon  and  Castile.  No.  sir,  I  can  find  no  example  of  this 
high  standard  of  national  virtue  and  forbearance.  If  we  resist 
this  temptation,  we  shall  set  an  example  to  the  world.  Ours 
the  wisdom,  ours  the  virtue,  ours  the  glory,  of  forbearing  to  seize 
upon  the  territory  of  a  weak  and  defenceless  neighbor,  when  we 
hid  opportunity  and  the  excuse  of  doing  so.  We  have  already  in 
our  short  history,  set  one  great  example  to  the  nations  of'the 
earth.  Wc  have  laid  the  foundation  of  a  mighty  empire,  deep  and 
strong,  upon  a  principle  new  and  startling  to  the  old  world.  We 
have  established  self-government,  and  bound  in  strong  and  happy 
union,  twenty  millions  of  freemen,  who  acknowledge  no  aov- 
ernment,  but  that  of  their  own  choice.  Let  us  now  esta- 
blish another  principle  of  national  action,  equally  new  and  start- 
ling. Lot  us  declare  that  while  wc  admit  the  oppressed  of  every 
land,  to  a  free  participation  of  the  blessings  of  our  self-govern- 
ment' no  cause  of  war,  no  excuse,  no  temptation  will  in3uee  us 
to  conquer  a  nation  by  war,  for  the  purpose  of  subjugating  its  ter- 
ritory and  people  to  our  dominion. 

If  in  respect  to  such  a  high  principle  as  this,  our  victorious 
army  should  return  from  the  field  of  its  glory  in  Mexico,  without 
bringing  with  it  one  ounce  of  gold,  or  one  foot  of  territory,  for  in- 
demnity and  security,  would  it  not,  I  ask,  be  a  glorious  termina- 
tion of  this  war  on  our  part? 

We  have  put  upon  our  national  record,  that  "  war  exists  by  the 
act  of  Mexico,"  Whether  this  record  be  true  or  false,  whether  this 
act  of  blood  and  war  was  perpetrated  by  Mexico,  or  by  our  own 
executive,  I  wdl  not  stop  to  inquire.  Let  us  now,  in  the  flush  of 
victory,  and  in  the  might  of  our  power,  record  upon  our  national 
history  another  act.  An  act,  the  glory  of  which  will  obliterate 
for  ever,  the  obnoxious  preamble.  Let  us  declare  to  the  world, 
that  if  Mexico  was   weak  enough,  and   wicked   enough  to  cause 


244 


THE  TEN  REGIMENT  BILL. 


[Tuesday, 


•war  to  exist,  pecace  now  exists  by  the  sovereign  act  of  the  United 
States. 

Mr.  UNDERWOOD  obtained  the  floor,  and  siirnilied  his  inten- 
tion to  address  the  Senate  upon  the  bill  to-morrow,  but  subsequent- 
ly yielded  it  to  Mr.  NILE.S,  with  an  informal  underslandinj;  that 
he  should  be  allowed  to  follow  the  Senator  from  Conneclicul. 

Mr.  CASS  intimated  his  intention  of  proposing  to-morrow,  and, 
he  hoped  it  would  be  agreed  to,  that  the  Senate  hold  evening  ses- 
sions, until  the  termination  of  the  debate  upon  the  Ten  Reciment 
BUI.  . 

Mr.  BERRIEN,  said  ho  hoped  the  suggestion  of  the  honorable 
Sonator,  would  not  be  received  with  favor  by  the  Senate.  They 
wer"  "niraged  in  the  discussion  of  a  question  of  deep  interest,  as 
iMev  '•-.rsfeved  to  the  community.  The  honorable  Senators  on  the 
otlijr  jde  of  the  chamber,  bad  been  heard  patiently;  they  had  dis- 
<;ussed  the  subject  at  their  leisure.  Senators  on  this  side  desired  a 
like  privilege,  and  they  had  a  right  to  expect  that  no  urgency  on 
the  part  of  honorable  Senators  on  the  other  side,  would  be  allowed 
to  deprive  them  of  that  privilege.  He  was  content  to  sit  day  af- 
ter day,  and  listen  to  the  remarks  of  Senators,  and  to  limit  his  own 
to  a  suigle  day,  but  ho  prayed  not  to  be  forced  into  into  evening  sit- 
tings, at  this  period  of  the  Session. 

Mr.  CASS  said  he  did  not  intend  to  press  the  question  to-day. 
In  regard  to  what  was  said  by  the  honorable  Senator  from  Geor- 


gia, he  wotdd  say  that  it  was  as  disagreeable  to  him  as  it  could  be 
'   to  any  Senator,  to  press  a  proposition  of  this  kind  ;  but  there  was 

m  this  case,  an  absolute  necessity  for   speedy  action  upon  the  bill! 

He  was  desirous  of  submitting  some  remarks  himself,  and  he  was 

unwilling   to   inflict  any  restraint  upon  other   Senators,  which  he 

would  not  submit  to  himself. 

MEXrC.^N     NEGOTI.-iTIONS. 

On  motion  by  Mr.  BALDWIN,  the  vote  by  which  the  resolution 
submitted  by  him  on  yesterday,  was  this  day  agreed  to,  was  recon- 
sidered. 

The  question  recurring  upon  agreeing  to  the  resolution, 

Mr.  SEVIER  moved  to  amend  by  in.serting.  between  the  word 
submitted"  and  the  word  "  so,"  the  following  : 

"And  also  any  conespondoncewhicli-may  have  taken  jilace  Iwlween  Mr  Tri<l  and 
(.eneral  f-cotl  or  cither  of  lliONe  gpnllemen,  Willi  llie  Government  ol' the  fnned 
Slates,  n poll  the  subject  ol  the  iiioposed  treaty  or  negorialion  between  the  I'nlled 
Males  and  .^texico,  nl  llie  lime  of  the  arrival  of  Mr.  Trist  in  Me.viio.  or  ,i.biequei.|lv 
Me,"!*""'"'"  "'■''""  °'"  ""'  '""I''"''''  '"^'''^  '"  -'*■'■  T"*'  ''.V  'lie  tomraissioners  of 

The  amendment  was  agreed  to. 

The  resolution,  as  amended,  was  then  agreed  te. 

On  motion, 
The  S»nate  adjourned. 


February  9. J 


ADDITIONAL  COURT  IN  ARKANSAS. 


245 


WEDNESDAY,  FEBRUARY  9,  1848. 


The  VICE  PRESIDENT  resumed  the  Chair  to-day. 

REFORT    FROM    THE    TREASURY    riEPABTIMENT. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  ol  the 
aetinn-  Secretary  of  the  Treasury,  eommimieatinj;,  in  answer  to  a 
resoUuion  of  the  Senate,  a  report  of  tlic.  Commissioner  ol  the 
General  Land  OfTiec,  respecting  lands  granted  lor  military  buiiii- 
ties,  in  the  State  of  lUmois;  which  was  ordered  to  be  printed. 

RESOLUTION    OF    THE    NEW    YORK    I.KGISL.^TU  RE. 

Mr  DIX  presented  a  preamble  and  resolution  passed  by  the 
Lesisiature  of  the  State  of  New  York,  instructino-  the  Senators, 
and  requesting  the  representatives  of  that  Stale  in  Congress,  lo 
use  their  efforts  to  efleet  the  exclusion  of  slavery  from  any  provin- 
cial or  territorial  government  which  the  United  States  may  here- 
after establish;  which  were  read  and  ordered  to  be  printed. 

PETITIONS. 

Mr.  HALE  presented  Ihe  petition  of  John  P.  Andrews,  pro- 
posing a  plan  for  preventing  the  evils  of  war  among  nations;  which 
was  referred  to  the  Committee  on  Foreign  Relations. 

Mr.  BREESE  presented  the  memorial  of  the  heirs  and  legal 
representatives  of  Nicholas  Jarrot,  deceased,  praying  the  contirma- 
lion  of  their  title  to  certain  lands  in  the  State  of  Illinois  ;  which 
was  referred  to  the  Committee  on  Private  Land  Claims. 

Mr.  DAVIS,  of  Massachusetts,  presented  the  memorial  of  the 
heirs  at  law  of  Timothy  P.  Anderson,  deceased,  praying  an  exten- 
sion of  his  patent  for  an  improvement  in  the  economy  ol  water 
power  by  means  of  a  graduated  spout;  which  was  referred  lo  the 
Committee  on  Patents  and  the  Patent  Office. 

Mr.  BENTON  presented  the  memorial  of  Alexander  Valto- 
mare,  a  citizen  of  France,  praying  the  establishment  of  a  perma- 
nent agency  by  the  United  States,  for  exchanging  the  books  and 
public  documents  printed  and  published  under  their  sanction,  for 
similar  works  published  under  Iho  authority  of  Foreign  Govern- 
ments ;  which  was  referred  to  the  Committee  on  the  Library,  and 
ordered  to  be  printed. 

Mr.  SPRUANCE  presented  the  memorial  of  masters  of  vessels 
engaged  in  the  coasting  tr^ade,  praying  the  construclion  of  an  lee 
harbor  at  Delaware  eity,  in  the  Delaware  bay  ;  which  was  refer- 
red to  the  Committee  on  Commerce. 

Mr.  CASS  presented  the  petition  of  .lustus  Powers,  a  soldier  in 
the  last  war  with  Great  Britain,  praying  to  be  allowed  arrears  of 
pension  ;  which  was  referred  lo  the  Committee  on  Pensions. 

Mr.  DICKINSON  presented  the  memorial  of  George  Wilkes, 
praying  the  .adoption  of  measures  for  the  construction  ol"  a  nation- 
al railroad  from  the  Michigan  river  to  the  Paeilic  ocean  ;  which 
was  referred  to  the  Committee  on  Roads  and  Canals. 

On  motion  by  Mr.  FELCH,  it  was 

Ordered,  That  the  petition  of  the  administrator  of  John  Ander- 
son, on  the  files  of  the  Senate,  be  referred  to  the  Comniiltee  of 
Claims. 

I        Ordered,  That  the   petition  of  Aaron  Weeks,  on  the  files  of  the 
Senate,  be  referred  to  the  Committee  on  the  Judiciary. 

On  motion  by  Mr.  HALE,  it  was 

0/dered,  Thai  the  guardian  of  Ai'temas  Conant  have  leave  to 
withdraw  his  petition  and  papers. 

COMPENSATION  TO  MESSENGERS. 

Mr.  BADGER  submitted  the  following  resolution  for*  consid- 
eration : 

Rrsa!rti1,  That  tliere  be  paid  lo  ea';li  of  tlie  iMesseiiyprsorilie  Pptiale,  aii'l  oltice  of 
tlic  Secretary  of  rhe  t^enatp.  who  liave  not  already  received  it,  the  same  ailditional 
compensation  that  was  paid  lo  R.  V.  Anderson  anil  J.  L.  Chihb,  for  llie  secoiiil  se-v 
«'(>n  of  Ihe  twenly-nintli  Congress. 

IMPRISONMENT    FOR    DEBT. 

Mr.  WEBSTER  submitted  the  following  resolution  for  consid- 
eration: 

Rcsnh-ed.  Thai  the  ('omrailtee  on  the  Jiuticiaiy  imiuire  into  the  expediency  of 
makinsloilher  provision  hy  law,  ies|>eclin»imprisonmeul  for  debt  on  process  issiuns 
liom  the  conrls  ol  the  United  fctates. 

Mr.  WEBSTER  remarked  that  he  had  received  a  eorarauniea- 
tion,   for  the  accuracy  of  which  he  could  not  vouch,  as  its  source 


was  unknown  lo  him,  setting  forth  a  case  of  very  considerable 
hardship  and  apparent  cruelty,  growing  out  ofimprisonnieni  under  a 
process  issuing  out  of  the  courts  of  the  United  States.  }lc  thought 
it  proper  to  lose  no  time  in  bringing  the  subject  to  the  attention 
of  the  Senate  ;  and  if  the  Senate  saw  fit  to  adopt  the  resolution, 
he  would  place  the  communication  in  the  hands  of  the  Judiciary 
Committee,  whose  early  action  upon  the  subject  he  solicited. 

Tlic  resolution  was  considered  by  unanimous  consent  and  agreed 
to. 

CHANGE    OF    RErERENCE. 
On  motion  by  Mr.  JOHNSON,  of  La.,  it  was 

Ordered,  That  the  Committee  on  Pensions  be  discharged  from 
the  further  consideration  of  the  bill  from  the  House  of  Representa- 
tives for  the  relief  of  Alborne  Allen,  and  that  it  be  referred  to  the 
Committee  of  Claims. 

On  motion  by  Mr.  DIX,  it  war; 

Ordered,  That  the  Committee  on  Commerce  be  discharged  fiom 
the  further  consideration  of  the  bill  from  the  House  of  Representa- 
tives, for  the  relief  of  Barclay  and  Livingston  and  Smith,  Thurgar 
and  Company,  and  that  it  be  referred  to  the  Comraittoe  on  Fi- 
nance. 

PRIVATE     BILLS    REPORTED. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Commitlee  on  Revolu- 
tionary Claims,  lo  whom  was  referred  the  petition  of  the  heirs  of 
William  Grayson,  deceased,  submitted  a  report  a<;i'ompanied  by  a 
bill  for  the  relief  of  the  heirs  and  legal  repre.senlalives  of  Colonel 
William  Grayson. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  was  referred  the  pelition  of  Welcome  Parinenter, 
submitted  a  report  accompanied  by  a  bill  for  his  relief. 

Mr.  J.  from  the  .same  Committee,  to  whom  was  referred  the 
petition  of  David  Currier,  submitted  a  report  accompanied  by  a 
bill  for  his  relief.  ^ 

The  said  bills  were  severally  read  and  passed  to  a  second  read- 


Ordrrcd,  Thai  the  several  reports  be  printed. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  was  referred  the  following  bills  from  the  House  of 
Representatives,  reported  them  without  amendment: 

An  act  for  the  relief  of  IMrs.  Harriet  liariicy. 

An  act  for  the  relief  of  Georse  Newton. 

.\ii  act  for  the  relief  of  .lesse  Yoiin;:. 

\n  att  for  tiie  relief  of  RusbsII  Gms.  ^ 

,\n  iict  for  tlie  relief  of  Mary  firown,  widow  of  .lacnh  I?inun 

GRANTING  A   REGISTER. 

Mr.  DIX,  from  the  Committee  on  Commerce,  to  whom  was  re- 
ferred the  petition  of  John  P.  Baldwin,  reported  a  bill  to  autho- 
rize the  issuing  of  a  register  or  enrolment  to  the  sclnjoner  Robert 
Henry;  which  was  read  the  first  and  second  times  by  tuianimous 
consent,  and  considered  as  in  Committee  of  the  Whole. 

No  amendment  being  made  the  bill  was  reported  lo  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  tliird  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

ticsotned.  That  it  pass,  and  that  the  liUc  thereof  be  .-ls  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives,  in  said  bill. 

M.iP  OF  NEW  MEXICO. 

Mr.  CAMERON,  from  the  Committee  on  Printing,  lo  whom 
was  referred  a  motion  to  print  the  report  of  ihe  examination  of 
New  Mexico,  made  by  Lieut.  J.  W.  Abort,  of  the  Topographica, 
Corps,  reported  that  it  be  printed,  and  that  2.000  additional  copiesf 
with  the  map  afccompanying  the  report,  be  printed  for  the  i^e  ol 
the  Senate. 

B0DND.\RY  BETWEE.N    MISSOURI  .^ND    .IRK.'iNSAS. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judieary,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives,  confirm- 
ing the  boundary  between  Missouri  and  Arkansas,  reported  it 
without  amendment. 

The  Senate  proceeded  to  consider  said  bill  as  in  Committee  of 
the  Whole,  and  no  amendment  being  made,  it  was  reported  to  the 
Senate. 


THE  TEN  HEGIMEMT  BILL. 


[Wednesday, 


Ordered,  Thai  it  be  engrossed  and  read  a  third  time. 
The  said  bill  was  read  a  third  lime  by  unanimous  consent 
Rer^olrd ,  That  it  pass,  and  the  title  Uiereof  he  as  afore.-iaitJ. 
Ordered,  That  the  Secretary  notify  the  House  of  Representatives 
accordinjily. 

CONCERNING   TESTIMONY. 

Mr.  .\SHLKY.  from  the  Commiltoc  on  the  Jiuliciaiy,  lo  whom 
was  referred  the  bill  concerning  testimony)  reported  it  with  amend- 
ments. 

-■MIDITION.VL    COUnr    IN    ARKANS.'VS. 

The  Senate  proceeded  to  consider,  as  in  CommitLce  of  the 
Whole,  the  bill  to  divide  the  district  of  Arkansas  into  two  judicial 
districts. 

In  submitting  an  amendment  to  this  bill, 

Mr.  SEVIEU  said  that  it  would  bo  perceived  that  lliis  bill  pro. 
posed  to  cslablish  a  court  without  a  judge,  or  at  least  that  the  du- 
ties were  to  be  performed  liy  the  present  judge.  The  object  of  the 
amendment  was  to  create  a  judge  for  this  court,  and  he  ihought 
that  he  could  a.ssign  satisfactory  reasons  for  that  procedure.  The 
State  of  Arkansas,  as  the  Senate  was  aware,  was  one  of  great  ter- 
ritorial extent,  and  had  attached  to  it  the  jurisdiction  of  all  the 
Indian  tribes  on  the  border,  which  extended  from  that  line  indefi- 
nitely westward. 

Mr.  DAYTON  suggested  that  as  the  Senator  from  Kentucky, 
(Mr.  Crittenden,)  at  whose  request  the  bill  had  been  postponed 
was  not  now  in  his  seat,  the  bill  b?  passed  over  informally. 

Mr.  SEVIER  had  no  disposition  to  press  the  bill  in  the  absence 
of  the  Senator.  He  would  .send  his  amendment  now  to  the  desk 
and  if  printed  by  to-morrow  he  would  submit  it. 

Mr.  ASHLEY  hoped  that  the  bill  wotdd  not  lose  its  priority  as 
it  had  been  made  the  special  order  for  to-day. 

Mr.  SEVIER  remarked  that  il  could  be  called  up  to-morrow  of 
course. 

Mr.  ATCHISON  was  opposed  to  the  bill;  but  as  it  had  al- 
ready been  passed  over  on  several  occasions,  and  a  good  deal  of 
time  had  thus  been  wasted,  he  moved  that  it  be  made  the  special 
order  for  Monday  two  weeks. 

Mr.  DAYTON  hoped  that  the  motion  would  be  assented  to  by 
the  Senator  from  Arkansas.  He  knew  that  the  Senator  from  Ken- 
tucky was  anxious  that  a  particular  day  should  be  fixed  for  the 
consideration  of  the  bill,  so  that  it  might  be  disposed  of  in  some 
way. 

Mr.  ASHLEY  objected.  The  bill  had  already  been  deferred 
again  and  again.  It  had  been  made  the  special  order  for  to-day, 
in  accordance  with  the  request  of  the  Senator  from  Kentucky. 
He  had  no  desire,  however,  to  take  it  up  in  the  absence  of  any 
gentleman  who  felt  any  interest  in  the  subject  ;  although  he  must 
confess  he  was  opposed  to  deferring  the  consideration  of  the  bill 
for  the  period  mentioned  by  his  friend,  the  Senator  from  Missouri. 
He  hoped  that  it  would  be  continued  on  the  docket  till  to-nionow, 
ami  retain  its  priority. 

Mr.  SEVIER  had  but  one  remark  to  make.  The  bdl  had  been 
called  up  on  the  day  before  yesterday,  and  he  then  obtained  the 
consent  of  his  colleague  to  postpone  it  another  day,  in  order  to  al- 
low him  an  opportimity  of  preparing  an  amendment,  giving  a  judnfo 
to  the  court.  When  he  was  prejiared  with  his  amendment,  his 
colleague  was  absent;  and  he  did  not  press  it.  He  was  willing 
that  it  should  be  postponed  for  a  short  time,  till  to-inorrow  or  next 
day  ;  but  he  hoped  that  it  would  not  be  postponed  iudelinitely,  or 
to  a  remote  period.  He  believed  that  he  liad  been  assailed  at 
home,  because  he  had  not  urged  the  measure.  Certainly  he  had 
been  ready  at  all  times  to  support  the  bill,  and  did  not  wish  to  af- 
ford the  slightest  ground  for  the  representation  that  ho  was  at  all 
unfriendly  to  il.  But  he  had  been  assailed  beeau.se  he  liad  not 
made  speeches  to  get  the  bill  taken  up.  He  wished  it  to  be  taken 
up.  and  was  prepared  1o  make  a  speech  upon  it,  showins  its  im- 
portance and  expediency. 

Mr.  ATCHISON  thought  that  the  bill  was  indeed  one  of  ;;icat 
importance,  and  that  that  consideration  furnished  an  additional 
reason  why  a  day  should  be  fixed  for  the  discussion  of  it.  Ho 
thought  that  it  proposed  a  new  principle 

M»  SEVIER  begged  his  friend  from  Missouri  to  ;illi.w  him  to 
make  an  explanation.  It  was  true  that  one  nf  the  sections  of  the 
bill  provided  that  the  court  within  its  jurisdiction  thus  ercaled,  cx- 
lencling  into  the  Indian  country,  should  have  cognizance  of  I'ivil 
and  criminal  cases  also.  It  was  the  object  of  the  amendment  to 
restrict  the  jurisdiction  of  the  court,  within  the  limit  of  the  Indian 
tribes,  to  such  cases  tis  were  made  cognizable  liy  our  courts  bv  thr 
intercourse  law  of  1832,  and  the  modification  (if  that  act  in  1831 
and  the  cases  specified  in  the  Indian  treaties. 

Mr.  ATCHISON  was  not  yel  satisfied  with  respect  to  the  pro- 


priety of  the  object  contemplated  in  the  bill.  He,  therefore,  insis. 
ted  on  his  motion  to  make  bill  the  special  order  for  Monday  two 
weeks. 

Mr.  WESTCOTT  suggesled  that  the  bill  should  be  recommit- 
ted with  the  amendment.  He  was  opposed  to  this  alteration  of 
bills  in  the  Senate,  Let  il  be  sent  back  to  the  Judiciary  Com- 
niiuce. 

Mr.  SEVIER  read  the  section  of  the  bill  which  he  proposed  to 
amend,  and  made  some  additional  explanation  of  the  object  of  the 
amendment. 

The  bill  was  then  postponed  to,  and  made  the  special  order  of 
the  day  for,  Monday  the  2.Sth  instant,  and  the  amendment  was  or. 
dered  to  be  prinletl. 

rnlV.'iTE  BILL  P.iSSED. 

The  bill  fin-  the  relief  of  William  Marvin,  in  confirming  the  title 
to  a  tract  of  land  in  Florida,  granted  by  the  Spanish  government 
to  Bernardo  Segui  on  the  20th  December,  1815,  was  read  a  third 
time. 

Unvoiced,  Tliat  it  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  said  bill. 

JIESS.iGE    FROM    THE   HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  elerk. 

Mr.  President:  The   House  of  Rej>resentati%'cs  Jiave  pa^cd  billi,  of  Ihe  tbllowmg 

titirs ; 

All  act  to  divide  tlie  StateoTilcor^iia  into  two  judicial  districts,  and  organizing  and 
estahlishin;^  an  ^uldltional  district  eourl  of  the  l-'iiiled  i^tates  with  circuit  court  (lowers 
and  jurisdiction. 

An  act  to  amend  ah  act  entitled  "An  act  in  amendment  of  the  acts  respecting  the 
.judicial  system  oftlie  t'niled  Stales." 

An  actio  authorize  the  issue  ol'a  register  to  tjie  baoiiie  VViIhamel. 

An  act  to  change  the  locaUou  of  certain  light-houses  and  liuoy-. 

In  which  they  request  the  concurrence  ot'tlie  Senate. 

They  have  also  passed  the  bill  oftlie  Senate  entitled  "An  act  to  provide  additional 
«|uarters  near  to  New  t~irlpaiis  tor  United  States  soldiers  and  volunteers  returned  from, 
oi  going  to,  till-  seat  of  v\  ar  in  Mexico." 

TEN    REGIMENT    BILL. 

The  Senate  resumed  the  consideration  of  the  bill  to  raise,  for  a 
limited  time,  an  additional  military  force. 

Mr.  NILES. — Mr.  President  :  The  question  on  the  passage  of 
this  bill  seems  to  be  overlooked,  and  the  main  question  which  is 
brought  under  consideration  is  our  present  relations  with  Mexico; 
and  this  is  one  of  such  magnitude  and  importance,  that  I  shall 
make  no  apology  for  trespassing  on  the  patience  of  the  Senate 
sufFieicntly  to  express  my  opinions  upon  it,  notwithstanding  the 
time  already  consumed  in  this  debate.  -This  tpiestion,  sir,  involves 
the  issue  of  peace  or  war;  that  is,  of  prolonging  the  existing  war 
perhaps  indefinitely,  or  of  bringing  it  to  a  speedy  termination.  And 
as  the  protraction  of  this  war  may.  and  probably  will,  involve  this 
ciiuntrv  with  Mexico  in  such  a  way  !hat  we  cannot  dissolve  the 
connection;  it  involves  a  much  graver  question,  that  of  the  inlcg. 
rityof  this  confederacy  and  the  safety  of  our  tree  institutions.  A 
more  imporlaut  question  than  this  has  probably  never  come  under 
the  considej'ation  of  the  Senate.  Does  it  not  demand  at  our  hands 
that  deliberate,  prudent,  and  w'ise  consideration,  due  to  the  best 
and  hiiihest  interests  of  our  country?  In  this  spirit  it  is  my  pur- 
pose to  offer  mv  sentiments  upon  it,  with  that  freedom  and  inde- 
|iendence  which  belong  to  a  representative  of  a  sovereign  stale  of 
this  Union. 

Mr.  President,  I  am  one  of  the  majority  of  this  body,  who  has 
bad  an  agency,  so  far  as  legislative  action  is  concerned,  in  placing 
tlie  country  in  its  present  critical  and  embarras.sing  relations  with 
Mexico.  I  have  voted  for  all  the  measures  which  have  led  to  this 
result:  for  the  annexation  of  Texas,  the  recognition  of  war,  and 
for  all  the  measures  for  sustaining  and  prosecuting  the  war.  For 
till  these  measures,  except  the  first,  my  vote  was  given  cheerfully 
and  with  a  full  conviction  tltjit  the  circumstances  of  the  country  rii. 
ipiired  it.  In  regard  to  the  first,  which  occasioned  all  the  rest,  my 
support  was  given  to  it  with  .some  hesitation  and  reluctance — not 
that  I  doubted  the  right,  so  far  as  Mexico  was  concerned,  to  re. 
ceive  Texas  into  this  Union;  but  my  difficulties  arose  from  the  form 
of  the  Hfoeeedings,  from  constitutional  scruples,  from  apprehen. 
sions  of  trouble  with  Mexico,  and  an  unwillingness  to  deliver  up 
the  whole  of  that  country  to  .slavery,  lint  waiving  all  these  ob- 
jections, I  gave  my  support  to  the  measure,  and  I  am  not  now 
disposed  to  shrink  Irom  the  just  responsibility  which  attaches  to  it. 

But  these  considerations,  in  my  judgment,  impose  on  me  an  obliga- 
tion which  I  might  not  otherwise  feel,  to  use  my  best  crtbrts,  however 
feeble,  to  extricate  the  country  from  its  present  situation.  This  war 
has  been  peculiar  in  some  respects,  and  jierhaps  its  dangers  are  none 
the  less  on  that  account .  Hitherto  its  evils  have  scarcely  been  felt  or 
realized  by  the  country  at  large.  Our  internal  peace  has  not  been 
disturbed  or  threatened;  our  frontiers  have  not  been  invaded  or  dis- 
turbed; no  lleets  have  hovered  upon  our  coasts;  and  our  commerce,  so 
liable  to  be  interrupted  m  all  wars,  has  not  not  been  molested;  and 
the  past  year  exliibits  an  expansion  and  prosperity  never  equalled  in 
our  whole  bistorv.     And  as  ihis  is  the  source  of  our  revenue,  that 


February  9.] 


THE  TEN  REGIMENT  BILL. 


247 


has  remained  unimpaired  so  lar  as  the  war  is  concerned.  Hith- 
erto, no  war  taxes  have  been  imposed,  and  not  the  first  dollar  has 
been  raised  towards  the  expenses  of  this  war,  Bnt  for  the 
accounts  which  we  liave  received  from  time  to  time  of  tlie  brilliant 
achievements  of  our  arms  in  Mexico,  we  should  scarcely  have  re- 
alized that  the  country  was  not  in  a  state  of  profound  peace.  But 
■we  must  not  expect  that  this  state  of  things  can  continue.  The 
evils  of  the  war  are  be<Tinninii  to  be  felt;  and  the  pressure  of  them 
will  increase  daily  upon  us.  Our  finances  are  already  gettins  into 
a  deransred  state;  a  public  debt  is  rapidly  accumulatins;  and  willi 
no  other  resource  but  loans,  you  are  divertinij  the  capital  of  the 
country  from  its  accustomed  channels,  and  the  diseased  slate  of 
vnur  finances  may  soon  disturb  the  whole  monetary  concerns  of 
ihe  country.  This  will  bo  felt  on  all  its  great  interests;  on  its 
commerce,  its  manufactures,  and  soon  the  industrial  classes  may 
feel  its  paralysing  cflecls.  It  is  not  in  the  nature  of  thins.s  that 
the  burdens  of  a  war  can  all  be  thrown  on  the  future,  or  upon 
posterity.  Nor  would  this  be  just,  could  it  be  done.  It  would 
have  a  direct  tendency  to  weaken  the  restraints  upon  those  pas- 
sions, which  lead  nations  into  unnecessary  wars.  The  tjeneration 
which  from  imprudence,  or  misfortune  becomes  involved  in  war, 
must  bear  a  share,  and  a  lars^e  share  of  its  burdens  and  evils. 
This  is  as  just,  as  it  is  a  result  which  is  unavoidable.  We  need 
not  think  to  escape  it  ;  we  cannot  if  we  would,  and  wo  should  not. 
if  we  could.  The  burdens  and  evils  of  this  war  are  now  pressing- 
upon  the  country,  and  this  pressure  will  increase,  if  the  war  is 
prolonped.  It  is  an  expensive  war,  prosecuted  in  a  foreifiu  coun- 
try and  will  make  a  constant  drain  upon  our  resources.  Its  dan- 
gers may  be  less  apparent  and  more  remote  ;  but  are  not  on  this 
account,  the  less  certain,  or  the  less  deservinir  of  the  most  seri- 
ous attention.  Is  it  not  time  then  to  consider  whelher  this  war 
cannot  soon  be  brought  to  a  close,  consistently  with  the  rights  and 
honor  of  the  country  ?  And  in  examining  this  question  we  must 
not  lose  sight  of  the  original  character  and  objects  of  the  war,  as 
o  defensive  one  on  our  part — a  war  in  which  we  were  involved  bv 
the  folly  and  rashness  of  the  military  rulers  of  Mexico.  Although 
not  commenced  by  us  for  a  redress  of  grievances,  yet  being  in- 
volved in  it,  it  is  our  right  and  duty  to  demand  of  Mexico  full  sa- 
tisfaction of  all  our  just  claims  upon  her.  When  we  can  obtain 
this,  we  should  put  an  end  to  hostilities. 

Mr.  President,  thus  far  we  stand  well  in  relation  to  tins  war  be- 
fore the  world,  and  have  nothing  to  fear  from  the  imparti.al  judg- 
ment of  posterity.  It  was  just  in  its  commencement,  and  has  been 
prosecuted  with  signal  success:  and  it  now  only  remains  that  we 
bring  it  to  a  close,  in  a  manner  equally  consistent  with  our  nation- 
al rights  and  honor,  and  a  just  regard  to  the  interests  of  humanity. 

If  we  secure  a  just  indemnity,  we  should  desire  no  more,  as  we 
have  a  rich  harvest  of  glory  in  the  success  of  our  arms,  and  the 
unsurpassed  splendor  of  our  military  achievements.  Those  are 
areat,  unparalled  in  modern  warfare.  Nor  is  this  glory  to  be 
lightly  estimated.  It  is  not  a  thing  merely  to  be  talked  about,  or 
to  be  the  subject  of  temporary  exultation.  It  is  an  object  of  sub- 
stance, of  real  value;  it  is  an  element  of  strength  and  power,  and 
adds  to  our  national  security  as  well  as  fame.  It  has  given  us  a 
name  and  reputation  with  the  nations  of  the  earth.  It  has  proved  to 
the  world  wliat  has  heretofore  been  doubted,  that  we  are  as  great 
in  arms  as  we  are  in  the  arts  of  peace.  It  will  command  the  re- 
spect of  the  great  powers  of  Europe,  who  wdl  hereafter  be  careful 
how  they  tnfle  with  our  honor,  or  trespass  on  our  rights. 

But  this  national  reputation  has  not  been  acquired  without  great 
sacrifices;  glory,  however  valuable,  is  a  costly  article.  It  has 
been  purchased  by  the  sacrifice  of  many  valuable  lives,  many  gal- 
lant and  brave  men.  How  many  of  the  most  noble  and  aallant 
spirits  of  our  land  have  oflered  up  their  lives  on  the  plains  and  moun- 
tain passes  of  Mexico,  as  the  cost  of  those  splendid  achievements  < 
Sir,  it  was  only  yesterday,  that  the  papers  contained  a  melan- 
choly and  mournful  list  of  the  gallant  dead  who  have  lallen  in  this 
war.  whose  mortal  remains  were  in  a  single  train,  conveyed  from 
the  city  of  Mexico,  on  their  way  to  the  United  States,  to  be  de- 
livered up  to  those  friends  from  whom  thev  had  parted  a  short 
time  ago,  and  whom  they  were  destined  never  to  see  again  in  this 
life.  This  sad  list  made  a  solemn  impression  upon  my  mind;  I 
counted  them,  and  found  there  were  twenty-five.  But  this  is  a 
small  part  of  the  ofiicers  who  have  fallen  on  the  battle-fields  of 
Mexico.  And  of  the  rank  and  file,  how  great  is  the  number,  who, 
in  battle  and  by  disease  have  sacrificed  their  lives  as  the  price  of 
this  national  glory  ? 

And  yet,  we  are  told  that  Mexico  is  to  pay  the  costs  of  this 
war.  How  is  its  cost  to  be  estimated  ?  Will  vou  look  for  it  in 
the  books  of  the  Register  of  the  Treasury  ?  The  sum  there  may 
be  large,  but  the  costs  and  sacrifices  of  war  are  to  be  found  every 
where;  often  in  the  disasters  of  fade,  which  it  occasions,  the  sac- 
rifices in  business,  and  the  wreck  and  ruin  of  private  fortunes. 
But  how  will  you  estimate  the  value  of  the  gallant  dead  ?  Can  it 
be  done  by  day  book  or  ledser,  in  coin  of  silver  or  eold  ?  What 
is  the  value  of  such  men  as  Butler.  Cramar,  Ringsold,  Ridglev, 
Ransom,  Lincoln,  and  hundreds  of  others,  equally  brave,  eqiially 
dear  to  their  friends,  if  not  equally  distinguished  ?  Ask  theiV 
widows,  their  mothers,  their  daughters,  who  with  bleeding,  crush- 
ed, and  broken  hearts  are  left  desolate,  and  perhaps  some~of  them 
overwhelmed  with  a  weight  of  grief  which  may  rob  them  of  their 
reason.  Sir,  these  are  melancholy  reflections;  but  they  are  the 
bitter  fruits  of  war,  and  the  price  of  that  glory  won  in  battle- 
fields. =      ■ 

But  Ihe  victorious  career  of  our  arms,  everywhere  successful,  has 
accomplished  nothing  towards  securing  a  peace.      We  have  over- 


run and  subjugated  perhaps  one  half  of  the  territory  of  Mexico; 
taken  possession  of  all  her  ports  on  the  Gulf  and  the  Pacific;  re- 
duced all  her  fortresses,  and  captured  her  capital,  which  is  now  in 
our  possession;  and  yet  she  refuses  to  sue  for  peace.  How  is  this 
to  be  explained?  Distracted  and  mis-governed  as  Mexico  is.  and 
ever  has  been,  other  nations  that  have  had  difl'erences  with  her, 
have  not  experienced  the  same  result.  France  and  England  have 
had  disputes  with  her,  and  have  compelled  her  to  do  them  justice. 
The  former  by  a  single  effective  blow — the  capture  of  Vera  Cruz. 
brought  her  to  her  senses,  and  obtained  justice  and  indemnity  at 
her  hands.  Her  unvielding  and  obstinate  conduct  towards  us  must 
arise  from  inveterate  prejudice  against  us,  or  from  an  apprehension 
that  it  is  our  purpose  to  plunder  and  despoil  her  of  her  territory. 
The  events  in  Texas  seem  first  to  have  given  rise  to  these  feelings, 
and  some  of  the  circumstances  connected  with  the  war  have  not 
served  to  allay  them.  It  is  well  known  how  she  views  all  the 
transactions  in  Texas.  She  considers  all  the  movements  there  as 
having  been  encourged  and  sustained  bv  the  people  of  the  United 
States,  if  not  liy  the  government;  and  appears  to  entertain  no 
doubt  that,  from  the  first,  our  object  was  to  possess  ourselves  of 
that  portion  of  her  territory.  The  annexation,  which  she  regards 
as  consummating  this  design,  seems  to  have  exasperated  her  to  the 
highest  pitch.  And  after  the  breaking  out  of  the  war,  the  imme- 
diate conquest  of  her  remote  provinces,  seemed  to  confirm  these 
opinions. 

Tlie  divisions  among  ourselves  regarding  this  war,  and  the  opin- 
ions so  boldly  expressed  by  both  political  parlies,  must  also  be  con- 
sidered as  among  ihe  causes  which  have  induced  Mexico  to  hold 
out  and  refuse  to  treat  for  peace.  The  opposition  have  declared 
this  war  to  have  been  eominenced  by  the  act  of  the  President,  in 
violation  of  law — that  it  is  an  unjust  and  aggressive  war  on  our 
jiart.  This  could  not  fail  to  encourage  them  to  hold  out,  and  to 
Tefuse  to  accede  to  any  terms  of  accommoilation.  Perhaps  they 
are  now  holding  back,  thinking  that  the  opposition  will  soon  come 
into  power,  from  whom  they  have  reason  to  suppose  they  would 
obtain  much  more  favorable  terms. 

On  the  other  hand,  the  opinions  expressed  by  many  of  the  sup- 
porters of  the  administration,  wiio  may  be  supposed  to  possess 
their  confidence,  and  to  speak  their  sentiments,  are  not  calculated 
to  predispo.se  an  exasperated  enemy  to  peace.  It  is  asserted  that 
all  that  is  said  and  done  here,  is  known  in  Mexico.  What  then 
must  be  the  effect  of  speeches  in  Congress  and  the  publications  of 
ihe  press,  disclosing  a  design  of  subjugating  and  incorporating 
with  the  United  States,  the  whole  or  a  large  portion  of  their  conn- 
try?  These  discussions,  they  must  find,  do  not  often  even  raise 
the  question  of  the  right  or  justice  of  such  a  course;  but  are  con- 
fined to  the  expediency  of  it,  and  the  consequences  which  mav 
attend  it.  These  things  cannot  fail  to  have  an  unfavorable  influ- 
ence on  Mexico,  and  seem  hitherto  to  have  deprived  us  of  all  bene- 
fit from  our  sacrifices  in  the  war,  so  far  as  regards  tlie  attainment 
of  peace. 

Certainly  the  administration  and  its  supporters  must  not  suppose 
tliat  they  can  throw  the  whole  responsibility  of  the  failure  to  accom- 
plish tlie  object  which  I  hope  we  all  have  in  view — a  just  peace 
— upon  the  opposition  which  the  war  has  experienced.  They 
should  have  considered  at  first  that  opposition  at  home  was  one  of 
ihc  difficulties  with  which  they  had  to  contend.  No  war  should 
ever  be  undertaken  without  duly  estimating  the  opposition  which 
it  would  have  to  encounter  at  home,  as  one  of  tlie  obstacles  to 
its  successful  prosecution.  In  all  free  countries,  where  parties 
exist,  opposition  to  a  war  is  as  certain  as  to  any  measure  of  do- 
mestic policy.  This  has  always  been  the  case  here  and  in  other 
countries.  It  was  so  in  the  war  of  the  revolution,  and  in  the 
war  with  England  in  1812,  It  has  usually  been  so  in  England; 
Ihcre  was  a  violent  opposition  to  the  war  for  the  subjugation  of 
these  colonies,  and  also  to  the  long  war  with  France,  growing  out 
of  her  revolution.  And  it  makes  little  or  no  difference  as  to"  the 
cbaracter  or  object  of  a  war;  there  would  be  an  opposition  to  a 
war  purely  defensive,  to  protect  the  soil,  or  repel  a  proud  invader 
from  our  shores. 

But  with  this  liberal  indulgence,  I  would,  with  all  sincerity  and 
kindness,  submit  lo  honorable  Senators  on  the  other  side  of  the 
chamber,  whether  they  have  not  carried  their  opposition  to  this 
war  a  little  too  far  ?  Whether  they  have  not  overstepped  the  ut- 
most limit  to  which,  as  good  citizens  and  patriots,  they  could  be 
permitted  to  go  ?  Whether  their  arguments  have  not  been  a  liltle 
too  ingenious,  labored  and  earnest,  to  place  their  country  in  the 
wrong?  Whether,  in  their  zeal  for  party,  they  have  not  forgot 
what  was  due  to  the  rights  and  honor  of  their  country?  To  charo-e 
the  commencement  of  this  war  to  the  President,  and  in  violation 
of  the  laws  and  constitution  ;  to  attempt  to  prove  that  it  was  an 
aggressive  war  on  his  jiart  ;  that  he  sought  a  quarrel  with  Mexico 
as  a  pretence  \'»r  invading  and  despoiling  her  of  her  territory,  is  a 
very  grave  charge,  and  one  that  cannot  be  confined  to  the  Execu- 
tive, but  if  true,  would  rest  upon  the  country.  Should  this  impu- 
tation be  credited,  it  would  fix  a  stain  on  our  national  character, 
which  time,  that  corrects  most  errors,  could  never  efface,  ft  would 
furnish  a  dark  page  in  our  annals. 

And  to  assume  that  the  President  does  not  wish  to  make  peace, 
but  desires  to  jirolong  the  war  as  an  excuse  for  subjugating  Mexi- 
co and  holding  it  by  the  right  of  conquest,  is  a  charge  scarcely 
less  serious,  and  equally  unsupported.  But  there  is  another  light 
in  which  their  conduct  is  to  be  viewed.  That  party  expects" to 
come  into  power  at  the  next  presidential  election,  and  it  may  be 
so.  In  what  situation  will  they  be  placed,  in  respect  to  this  war 
with   Mexico,  if  it  should   still  continue  '     Have   they  thought   of 


248 


THE  TEN  REGIMENT  BILL. 


[Wednesday, 


this,  or  do  they  not  really  expect  to  suceeed  ?  How  would  tliey  ne- 
irotiate  a  peace  ?  AVhere  will  they  fix  the  l)Oiindary  of  Texas? 
At  the  Nueces,  which  they  say  is  the  true  boundary,  and  ha%-c  la- 
bored so  hard  to  prove  it  ?  Will  Texas  consent  to  this  ?  I  think 
not.  Well,  suppose  they  were  to  insist  on  the  Rio  Grande,  would 
not  the  Mexican  negotiator  resist  it,  and  replv:  you  have  aKvays 
admitted  that  the  true  boundary  of  Texas  was  the  Nueces.  And 
what  answer  conid  they  give  to  such  a  plea  ?  WouUI  they  say 
that  they  had  maintained  this,  when  in  a  niinoritv,  only  to  make 
the  then  President  responsible  for  the  war,  hut  that  they  did  not 
believe  it  ?  Wonid  they  sav  that  then  they  were  not  responsible 
for  what  Ihey  did,  but  now,  iieinff  responsible,  they  must  maintain 
the  rights  of  the  country  V  Would  not  this  be  a  very  awkward 
situation? 

And  in  regard  to  indeninitv  for  the  just  chiiins  of  our  citizens,  if 
they  were  to  insist  on  lliein,  niiyht  not  the  Mexican  negotiator  re- 
ply that  lie  admitlcd  the  claim,  but  that  the  war  we  had  prosecu- 
ted against  them  was  unjust  and  aggressive,  as  you,  as  well  as  we 
have  always  maintained,  and  this  gives  us  a  just  claim  for  the  ex- 
penses and  sacrifices  it  has  brought  upon  us?  We  will  offset  the 
claims  of  vour  citizens  for  spoliations  against  our  demands  for  the 
expenses  o'f  this  wicked  war,  you  have  prosecuted  against  us,  if 
you  will  pay  us  the  balance'  Just  hand  over  the  cash,  and  we 
will  be  content.  But.  supposing  they  should  be  able  to  resist  this 
demand  of  Mexico,  and  induce^her  to  acknowledge  our  claim  for 
spoliations,  might  not  the  Mexican  negotiator  say  that  by  the  un- 
just war  you  have  proseculed  against  us,  you  have  exhausted  our 
treasury,  taken  possession  of  our  revenues,  and  deprived  us  of  all 
means  of  ]iaymcnt.  But  we  have  uninhabited  territories,  and  we 
will  pay  you  by  a  cession  of  California.  What  answer  would  you 
i'ive  ?  Would  )'ou  say  we  cannot  take  land,  as  we  came  into 
power  on  the  express  ground  of  the  iio-more-territory  policy.  I 
hope  my  honorable  friends  will  think  seriously  of  these  diflieulties. 

Mr.  President:  Before  I  proceed  to  consider  our  present  rela- 
tions with  Mexico,  and  the  policy  which  I  think  ought  to  be  adopt- 
ed in  relation  to  them,  I  iuive  to  notice  some  of  the  positions  which 
have  been  assumed  on  the  other  side  of  the  chamber;  particularly 
by  the  honorable  Senator  from  Tennessee,  (Mr.  Bell.)  That 
Senator  said  that  the  administration  bad  no  desire  for  peace;  that 
they  wished  to  prolong  the  war  for  the  subjugation  and  absorption 
of  Mexico,  or  for  some  other  purpose,  which  was  concealed  from 
the  public.  This  is  a  very  grave  charge;  for  to  prolong  the  war 
for  other  objects  than  peace,  is  to  assume  the  responsibility  of  all 
its  evils.  A'ow,  Mr.  President,  I  know  nothing  of  the  purposes  of 
the  Executive  in  relation  to  this  war,  furl  her  than  can  be  learned 
from  his  oHicial  acts  and  ccmniunications;  and  this  is  all  that  any 
one  can  safely  know.  We  witnessed  two  vears  ago,  on  the  Ore- 
<,'on  question,  the  awkward  situation  in  which  gentlemen  placed 
themselves  here,  by  assuming  to  know  the  purposes  of  the  Presi- 
dent. But,  judging  from  the  oflicial  acts  and  declarations  of  the 
Executive,  the  Senator  cannot  be  sustained  in  the  charge  he  has 
made.  The  President  still  says  his  object  is  an  honorable  peace; 
that  he  desires  a  vigorous  prosecution  of  the  war  for  that  pm-pose. 
Wiiat  he  will  consider  an  honorable  peace,  we  have  no  knowledge, 
except  what  may  be  derived  from  the  terms  which  were  submitted 
to  Mexico  by  our  coinmissioner,  Mr.  Trist.  Thess  were  said  to 
be  his  ultimatum.  They  were,  1  admit,  hard  enough  upon  Mexi- 
co. The  boundary  of  the  Rio  Grande,  and  the  cession  of  the  Cali- 
fornias  and  New  Mexico,  were  admitted  to  be  something  more 
than  a  just  indeuiuity.  In  considering  the  terms  of  peace,  we 
should  bear  in  mind  the  original  objects  of  the  war.  These  were 
the  recognition  of  the  rights  of  Texas,  the  establi.shment  of  its 
boundary,  and  satisfaction  of  the  claims  of  our  citizens  for  spolia- 
tions. This  ultimatum  establishing  the  boundary  of  the  Rio 
Grande,  with  the  cession  of  the  Californias  and  New  Mexico, 
is  admitted  to  be  more  than  an  indemnity  for  our  claim. — 
To  insist  on  territory,  beyond  a  just  indemnity,  could  not  be  justi- 
fied in  a  private  transaction,  between  man  and  man.  But  the 
case  is  somewhat  different  between  nations,  in  negotiating  a  peace. 
It  belongs  to  the  .successful  party  to  dictate  terms.  But  ihcse 
should  be  reasonable,  having  reference  to  the  original  matters  in 
dispute.  If  they  are  unreasonable,  or  oppressive,  and  are  refused, 
it  would  justly  throw  up  to  the  successful  party  the  responsibility 
of  prolonging  the  war.  But  the  proposition  to  pay  the  difference 
between  a  just  indemnity  and  the  value  of  the  territory  to  be  ceded, 
exempts  the  terms  in  this  ultimatuiu  from  beina  rcirarded  as  op- 
pressive, although  they  embrace  more  territory  than  I  .should  care 
to  aequire. 

The  terms  then  which  have  been  offered  as  the  basis  of  peace, 
are  not  such  as  to  authorize  the  belief  that  they  were  not  present- 
ed m  good  faith,  and  in  the  hope  that  they  would  be  acceded  to. 
And  we  have  no  evidence  that  this  ultimatum  has  or  will  be  de- 
parted Irom.  The  Senator  from  Arkansas,  (Mr.  Sevif.r  )  in  his 
ypcch  the  other  day,  and  he  seemed  to  speak  from  some  know- 
ledge ol  tlie  views  ol  the  Executive,  assured  us,  if  I  mistake  not, 
that  the  President  was  prepared  to  ncirotiatc  now  upon  the  same 
basis,  rihink  thcietore.  there  is  no  foundation  lor  the  cliar..-c. 
that  the  President  docs  noi  desire  peace;  or  that  he  wishes  to  mo'- 
long  the  war  for  the  .subjugation  ol  Mexico,  or  other  sinister  pur- 
poses. "^ 

That  the  plan  of  the  administration  for  the  funher  prosecution 
of  the  war  might  fail  in  securing  peace,  and  result  in  the  subjui'a- 
tion  of  Mexico,  is  an  entirely  different  question,  which  1  siiall  con- 
sider before  I  close  what  [  have  to  say. 

But  the  Senator  went  further,  ard  assumed  in  the  coui'.sc  of  his 
remarks,  if  he  did  not  directly  so  assert,  tluu  that  great  portion  of 


onr  citizens,  who  sustain  the  administration,  were  in  favor  of  a 
prosecution  of  this  war,  with  a  view  to  tl.e  subjusation  and  ab- 
sorption of  Mexico.  He  admitted,  that  there  were  exceptions; 
but  considered,  that  the  great  mass  entertainev-!  such  sentiments  ; 
and  had  become  the  advoca  .f  war  and  conquest.  I  think  this 
position  incorrect,  and  that  it  does  injustice  to  the  great  body  of 
the  supporters  of  the  administration.  They  are  not  friendly  to 
any  policy  of  war  or  conquest;  they  regret  tile  present  war,  and 
wish  to  see  it  brought  to  a  close,  as  soon  as  it  can  be,  consistent- 
ly with  what  is  due  to  the  justice  and  honor  of  the  country.  I 
speak  of  the  great  mass  of  the  supporters  of  the  administration; 
f.ir  it  must  be  admitted  that  there  are  some,  who  seem  to  enter- 
tain the  sentiments  the  Senator  attributed  to  the  whole,  or  nearly 
the  whole.  Those  who  indulge  these  magnificent  schemes  of  en- 
larging our  territory  by  conquest,  or  who  may  seem  to  look  with 
appr.ibation  on  a  policy  towards  a  neighboring  province,  which 
might  be  deemed  aggressive,  are  not  in  ray  judgement,  in  harmo- 
ny with  the  genera!  feebng  and  sentiment  of  their  own  party. 
They  belong  to  what  is  sometimes  called,  a  progressive  democra- 
cy, and  appear  to  have  lost  sight  of  the  original  principles  of  the 
party  to  which  they  profess  to  belong;  or  to  have  advanced  on,  re- 
gardless of  those  principles.  I  do  not  deny  that  the  Senator  had 
some  ground  for  bis  assumption:  but  he  should  not  have  applied  to 
the  whole,  what  belonged  only  to  a  few.  The  Senator  seems  to  con- 
sider these  as  new  ideas,  but  appears  willing  to  believe,  that  the 
whole  of  the  democratic  party,  have  departed  from  their  original 
principles  and  policy  in  resuect  to  our  foreign  affairs. 

Il  may  be  natural  enough,  for  him  to  think,  that  since  he  has 
b'lt  us,  we  have  fallen  into  error,  and  departed  from  our  former 
landmarks.  If  there  was  any  thing  in  this.  I  should  regret  that  he 
had  not  remained,  as  from  bis  acknowledged  talents,  and  great  in- 
fluence in  his  own  state,  perhaps  his  counsel  and  example,  might 
have  restrained  us  from  deviating  from  the  path,  in  which  we  had 
been  accustomed  to  walk.  We  may  regret  that  he  should  have 
seceded  from  the  political  church  o(  his  youth,  and  the  faith  of  bis 
fathers,  ami  turned  to  idols:  but  have  no  right  or  disposition  to 
complain  of  it.  This  certainly  is  not  my  purpose,  which  is  only  to 
defend  myself,  and  those  who  act  with  me. 

If  there  has  been  any  difference  in  respect  to  their  views,  re- 
garding the  true  foreign  policy  of  our  country,  between  the  two 
great  parties  which  have  so  long  existed  in  the  country,  it  is,  that 
the  Republican  party  were  more  pacific  in  their  principles  and  pur- 
poses. Mr.  Jeffer.son  the  head,  and  in  a  good  degree,  the  founder 
ol  tliat  party,  it  is  well  known,  was  preeminently  distinguished  for 
his  pacific  principles.  He  was^a  philosopher  and  a  philanthropist, 
as  well  as  a  slalesman,  and  had  a  more  abiding  confidence,  in  the 
intellectual  and  moral  qualities  of  man,  as  elements  on  which  free 
giivernment  could  be  safely  constructed,  than  perhaps  any  other 
man  of  his  generation.  Deeming  physical  power,  unnecessary  and 
dangerous,  as  a  means  of  maintairring  internal  order,  he  depreca- 
ted a  resort  to  it,  to  preserve  external  peace,  or  to  enforce  respect 
from  other  nations,  when  it  could  possibly  be  avoided.  Those  sen- 
timents he  carried  into  his  administration,  as  did  his  successors  of 
the  same  political  school. 

To  show  what  were  the  principles  of  the  founders  of  the  repub- 
lic, I  have  made  some  short  extracts  from  the  messages  of  some 
of  them,  which  I  propose  to  read.  Every  body  I  am  aware  is 
familiar  with  them  ;  yet  they  will  bear  being  often  read,  and  there 
;ire  times  when  it  is  peculiarly  proper  and  profitable,  tojook  back 
til  the  original  fountains  of  sound  political  doctrines.  I  begin  with 
Washinglon,  who  was  a  republican  and  a  whig  of  the  old  school  : 

"  Oli',erv,>  1:00.1  tailli  ami  juslice  Willi  all  uaUons.  C'ulli\  ate  peace  and  liaruiony 
witli  all.  Rt-liijioii  and  morality  Piijoiu  lliis  conduct  ;  and  can  il  he  that  good  ikiIict 
liocs  not  equally  enjoin  it  ?  1 1  u  ill  be  w  ortliy  of  a  free,  eulishlened,  and  at  no  distant 
tiay,  a  ^rreat|!iation,  to  ijiveto  mankind  the  ina^'nanimons  and  novel  example  of  a  peo- 
pli:  alwiLys  guided  by  an  e.\alte<t  justice  and  l»ene\olence." 

These,  Mr.  President,  are  sentiments  worthy  of  the  father  of 
bis  country.  I  now  will  read  an  extract  from  a  message  of  the 
elder  Adams,  which  must  be  deemed  high  authority  on  the  other 
side  of  the  chamber,  if  not  on  this  : 

"  An  inlle\ihle  dcteiniination  to  maintain  peace  and  inviolable  faith,  >vitli  all  na- 
tions :  and  that  ^^v^Iein  of  in-utralilv  and  ini[iartiality  amonc  the  beltigereul  powers  of 
I'liirope,  which  has  heeii  adopted  hy  this  government.'' 

The  sentiments  of  Mr.  Jefferson  are  as  sound  in  doctrine,  as 
ihey  are  beautiftd  in  language  : 

"  Kindly  scjKirated  by  nature  and  a  wide  ocean  from  the  e-\lerminati»g  havoc  of  on* 
iliiarlerof  llie  ijKihe  ;  too  lii:;li  minded  to  endure  the  def;r;ulaliou.s  of  the  others  ;  \hk- 
sc-^iut:  a  clio>en  country,  with  toom  enongb  for  our  descendenls  to  the  ImiidreiiUi  and 
lliiuisaiullli  generation,  *  *  what  more  is  necessary  to  make  us  a  happy  and 
pioaperons  pc'0[ilc  ?    Onethin;,'  more." 

And  what  was  that  one  thing  ?  Was  it  the  enlargement  of  our 
territory  by  conquest,  or  the  strengthening  the  military  arm  of  the 
country  ?     Very  iliH'erent.     He  says  : 

"  Plill  one  lliiii:.' more  :  a  wise  and  fnii'al  governnieni,  wliicli  shall  lestiain  men 
Irtnn  itijuiliii.' one  another,  leavinit  them  otherwise  free  iu  their  pnrsuils  of  industry, 
ami  which  shall  not  lake  fiom  the  mouth  o    labor  the  bread  il  li;is  eariicil." 

Again  : 

"  F.i|ual  and  e.\;ui  jii>ik;c  u»  all  men,  of  whale, ei  >iaie  <»  peiMia-Mou,  rehftioud  or 
))olilical ;  pence,  coinincrce,  and  lionost  friondsbip  witii  tUI  nalioiu,  entaugiing  allian- 
ces with  none." 

Here  you  see  that  Mr.  Jellersou  connects  in  the  same  sentence, 
the  idea  of  justice  between  man  and  man,  with  that  of  justice  and 
friendship  with  I  he  nations  of  the  world,  regarding  one  principle 
as  cipially  sound  with  the  other. 

I  now  come  to  Mr.  Madison,  who  asserts  the  same  doctrines, 
conveyed  in  language  of  equal  sUengtU  and  felicity  : 


FEBRUARr    9.] 


THE  TEN  REGIMENT  BILL.] 


249 


"  I ndii Idling  ill  no  pa-^ions  which  trespass  on  the  nghu  ot  reposP  of  other  nations,  it . 
ha-s  been  the  true  plory  of  the  United  States  to  cultivate  peace  by  oi)serving"jnstice,  and 
to  entitle  themselves  to  the  respect  of  the  nations  at  war,  by  fulfilling  their  neutral  ob- 
ligations by  the  most  scrupulous  imnanialiiy.  If  there  he  candor  in  the  world,  the 
truth  of  these  asseriions  will  not  lie  questioned  ;  posterity  at  least  will  do  .justice  lo 
them." 

Again  : 

"  To  cherish  peace  and  friendly  iiitercotirse  with  all  nalions  having  corre-spondinfj 
flispositions  :  to  maintain  sincere  neutrality  towards  all  hellicercnt  nations-;  to  prefer 
in  all  cases  amicable  discussion  and  reasonable  accommodation  of  ditlsreiices,  to  a  deci- 
sion of  them  by  an  appeal  to  arms.'' 

Mr.  Monroe  says: 

"It  is  a  state  [peace]  most  consistent  with  their  prosperity  and  hap[iiiiess.  It  will 
be  my  sincere  desire  to  preserve  it,  so  far  as  de|iends  on  the  Kxecntive.  on  just  princi- 
ples with  all  nations,  claiming  nothing  unreasonable  of  any,  and  tendering  to  each 
what  is  it-s  due." 

These  sentiments  are  as  wise  as  they  are  jiist  and  patriotic.  I 
ooiiltl  quote  simiiai-  doctrines  from  tile  niessastcs  of  tlic  heads  of 
subsequent  democratic  administrations,  but  it  cannot  be  necessary. 
All  are  ramiliar  with  the  avowal  ol'  General  Jackson,  that  in  our 
transactions  with  other  powers,  we  should  "ask  nothing;  but  what 
is  clearly  right,  and  yield  to  nothing  that  is  wrong." 

And  now,  Mr.  President,  let  me  glance  at  the  administrations 
of  these  distinguished  men,  and  .see  if  their  official  conduct  cor- 
responded with  their  precepts — whether  their  measures  were  in 
harmony  with  their  principles. 

It  is  well  known  that  when  the  political  parties  originated  in 
this  country,  there  were  dilHculties  between  the  United  States  and 
Franco,  anil  that  the  policy  to  be  pursued  tovrards  France  was 
one  of  the  grounds  of  poliiical  difference,  as  tiiarked  as  those  in  re- 
spect to  questions  of  domestic  interest.  The  federal  partv.  then  in 
.  power,  were  for  adopting  strong  and  energetic  measures  towards 
the  French  Republic,  which  their  opponents  thought  would  involve 
the  country  in  a  war  with  that  re|iublic.  which  they  believed  could 
be  avoideil  by  a  more  moderate  and  eonciliatorv  policy.  These 
differences  |iroduced  a  very  wai-ra  contest  in  Congress  and  the 
country.  Our  vessels  were  captured  and  condemned,  and  our 
Minister  expelled  from  France;  and  Hamilton  and  other  leaders  of 
the  federal  jiarty  were  for  resorting  to  reprisals  and  w;irlike  mea- 
sares;  and  opposed  to  all  further  attempts  at  an  aceommodation 
of  diffei-ences  by  negotiation.  Mr.  Adams,  however,  pursued  a 
more  conciliatory  policy,  and  sent  Ministers  to  the  French  ropub. 
lie,  against  the  advice  of  his  cabinet,  which  gave  great  offence  to 
some  of  them,  and  to  most,  of  the  leading  men  of  his  party.  These 
ministers  were  not  received  by  t-lie  French  government,  but  insult- 
ed, so  that  they  asked  to  be  recalled.  This  aggravated  the  diffi- 
culties, and  occasioned  a  very  violent  war  spirit  in  this  country 
against  France,  and  the  administration  made  preparations  for  war. 
It  is  due  to  Mr.  Adams  to  say.  that  his  course  throughout  was 
moderate  and  pacific,  and  he  again  sent  another  embassy  to  France 
against  the  advice  of  his  cabinet,  or  a  part  of  it,  and  of  many  of 
his  party.  These  ministers  succeeded  in  their  negotiation  and 
saved  the  country  from  a  war.*  Which  was  the  war  partv  and 
which  favored  a  pacific  policy  at  their  commencement  ? 

Soon  after  Mr.  Jefferson  came  into  ofiice;  a  difliciiltv  arose  with 
Spain  in  regard  to  our  right  of  deposit  at  New  Orleans.  This 
matter  has  been  alluded  to  in  this  debate.  Whatever  mav  be  said 
to  the  contrary,  the  whob  history  of  the  transaction  shows  that 
Mr.  Jefferson's  course  was  eminently  moderate  and  pacific.  In 
this  difficulty  with  Spain,  the  federalists  were  the  war  party  as  in 
the  controversy  with  France,  although  now  in  the  minority.  In 
a  private  letter  \vritten  at  the  time,  'Mr.  Jefferson  says: 

"That  the  opposition  sought  to  involve  us  in  ?.  war  with  Spain,  so  as  lo  break  down 
our  finances." 

Subsequently,  the  country  was  involved  in  difficulty  wiih  both 
England  and  France,  who,  being  at  war,  violated  our  i?ommercial 
rights  as  a  neutral  power.  Our  Hag  was  insulted  and  our  vessels 
captured  and  condemned,  and  our  seamen  impressed  into  the  Bri- 
tish service.  Having  failed  to  obtain  redress  by  negotiation,  the 
administration  resorted  to  restrictions  on  our  trade  with  both  oi' the 
offending  powers.  Non-importation  and  non-intercourse  laws,  and 
finally  ait  embargo,  were  resorted  to  as  measures  of  annoyance. 
Mr.  Jefferson  hajl  always  believed  that  our  commerce,  eonsistincr 
of  the  export  and  exchange  of  raw  materials  for  manufactures', 
was  so  v:iluable,  and  that  to  withdraw  it  from  any  Etiropcan  pow- 
er, would  be  the  greatest  injury  we  could,  perhaps,  inflict  upon 
them.  These  various  expedients  show  the  unwillingness  of  Mr. 
Jefferson  to  resort  to  measures  of  force. 

Mr.  Madison  found  the  country  beset  with  the  same  difficulties, 
and  pursued  the  same  policy.  This  whole  course  of  policy,  it  is 
well  known,  was  regarded  by  the  opposition  as  weak  and  vision- 
ary; ihey  recommended  stronir  and  energetic  measures,  and  de- 
clared that  our  commercial  rights  ought  to  be  defended  by  force, 
liy  reprisals  and  war.     And,  finally,  when  all  other  measures  had 

*NoTli.— There  is  a  piece  of  secret  hi-torv  regarding  this  second  mission  to  France. 
The  envoys  were  Rllsworlli,  Davis  and  .Murriv,  and  appointed  m  1797  against  the  ad- 
vice ot  I  ickering  and  McHcnry,  two  members  of  ^rr.  Adams'  cabinet.  Mr  Picke- 
ring.  as  Ssectetaryol  State,  had  to  prerare  Ihoir  instrnctions,  and  drew  them  np  in 
such  ottensiye  terms  as  threatened  to  defeat  the  objects  of  the  mission.  Mr  Wolcotl 
^.?"r"'X-°'  ,"  y™"""/'  »^ro«t-  a  long  private  letter  to  Mr  Ellsworth,  informing  bini 
ol  the  efTorls  he  had  made  to  modify  thesL-  insltuctions  and  make  Iheai  more  paciHc  in 
their  tone.  He  tells  Mr.  Ellsworth  that  ho  had  succeeded  in  part,  and  partic.darlv,  in 
smoothing  down  the  harsh  and  offensive  language.  But  he  represents  Mr.  Pickering 
as  very  tenacious,  and  tli.-U  it  was  dilBcnlt  to  exclude  from  the  instmctious  manv  ol  - 
feiisiye  and  objectioual  poults  end  expressions  which  he  feared  might  difeat  the  princi- 
pal obiect  of  the  mission.  The  object  ot  the  letter  was.  to  invile  ^Ir.  Ellsworth  to  vi- 
sit the  seat  of  goyernmenl.  and  trv  to  obtain  a  fnrtlier  modification  of  the  instructions. 
This  15  an  nnpubli^ied  letter  which  I  have  seen,  li  was  dated  at  Trenton,  in  17117. 
30th  Cong. — Isr  Session — \o   32, 


failed;  when  the  question  had  come  to  this,  that  we  must  give  up 
our  rights  on  the  ocean  or  defend  them,  by  a  resort  to  the  last  re- 
medy o(  injured  nations;  when  it  became  a  question  of  surrender- 
ing our  independence  as  a  nation,  or  maintaining  it  by  force,  Mr. 
Madison  recoinmcnded  war.  But  no  sooner  was^it  declared,' than 
it  was  immediately  denounced  as  wicked  and  unjust,  by  the  same 
party  that  had  so  long  urged  a  resort  to  force  as  the  only  means 
of  defending  our  rights.  Down  to  this  period,  it  is  not  difficult  to 
determine  which  of  the  two  parties  were  most  pacific;  in  their  policy. 
The  federalists  only  became  the  advocates  for  peace,  after  the 
country  was  eng.aged  in  a  war.  It  is  not  necessary  to  trace  the 
history  of  the  two  parties  ill  respect  to  their  foreisn  policy  any 
fartlier.  Their  diirerences,  from  the  close  of  this  war,  were  con- 
fined to  questions  of  doinestic  policy.  But  I  cannot  admit  that 
there  has  been  any  essential  change  in  the  principles  or  views  of 
the  intelligent  portion  of  the  democratic  party  in  regard  to  our 
foreign  policy.  They  still  favor  a  pacific  policy  as  the  only  one 
suited  to  our  institutions,  and  most  conducive  to  the  prosperity  of 
the  country.  They  still  desire  "  peace,  commerce,  and  honest 
friendship  with  all  nations — entangling  alliances  with  none." 

Mr.  President  :  I  now  come  to  the  main  question  in  this  debate, 
wdiich  is,  what  is  to  bo  done — what  policy  is  to  be  adopted  in  our 
present  relations  with  Mexico?  Others  have  spoken  of  the  differ- 
ent ways  of  prosecuting  the  war.  I  wish  to  speak  of  the  best 
means  of  obtaining  peace,  or  Ql  putting  an  end  to  hostilities.  It 
is  the  first  and  highest  duly  of  every  branch  of  this  governmeut  to 
lirinn  this  war  to  a  close  as  speedily  as  can  be  done  consistent  ly  with 
the  interest  and  honor  of  the  country.  I  wdl  first  notice  the  seve- 
ral plans  which  have  been  suggested  in  the  course  of  this  debate, 
before  I  proceed  to  present  my  own  views. 

1.  To  withdraw  our  troops  from  Mexico  without  indemnity  and 
trust  to  future  negotiation.  This,  if  I  understand  their  views,  is 
the  course  proposed  by  tlio  .Senators  on  the  other  side  of  the  cham- 
ber: yet  I  have  too  high  an  opinion  of  these  politicians  to  believe 
they  would  pursue  such  a  policy  if  they  were  char;;ed  with  the 
responsibility  of  the  government.  To  withdraw  from  Mexico 
without  obtaining  a  treaty  of  peace  or  indemnity,  would  be  to  re. 
linquish  all  the  ativantagcs  wo  have  gained  by  the  war.  It  wrould 
be  neither  oompalible  with  the  interests  or  the  honor  of  I  he 
country.  It  would  be  virtually  an  admission  that  the  war  had 
been  wrong  and  aggressive  on  our  part  from  the  commencement. 
It  would  cast  a  shade  over  the  brilliant  achievenienis  o(  our  arms. 
If  our  forces  are  withdrawn,  they  must  be  disbanded;  anil  what 
reason  ,vould  there  then  be  to  suppose  that  we  could  obtain  bv 
negotiation  either  indemnity  or  the  establishment  of  the  boundary 
of  Texas  !  We  should  be  in  a  worse  condilion  than  bel'orc  the 
war  commenced,  as  Mexico  would  attribute  such  a  movement  to 
our  weakness  or  inability  to  prosecute  the  war,  and  would  be  en- 
couraged to  deny  us  any  satisfaction  for  our  just  claims. 

2.  To  assume  a  military  line — the  Sierra  Madre,  or  some  other. 
If  this  is  considered  as  a  line  for  conducting  the  operations  of  the 
war,  it  falls  within  one  of  the  other  plans  wTiich  I  shall  notice,  and 
becomes  a  mere  military  question,  upon  which  I  have  nothing  to 
say.  But  if  I  understood  the  Senator  from  Virginia,  (Mr.  Hun- 
ter,) whose  eloquent  speech  I  listened  to  with  great  satisfaction 
and  with  a  general  concurrence  in  its  views,  he  proposed  the  Sier- 
ra Madre,  as  a  politico-military  line,  having  reference  to  indemnity 
as  well  as  to  the  prosecution  of  the  war.  As  an  indemnity  line,  in 
any  sense,  I  am  entirely  opposed  to  it,  as  it  includes  more  than  two 
thirds  of  the  entire  territory  of  Mexico.  It  extends  on  the  Gulf, 
nearly  four  degrees  south  of  the  mouth  of  the  Rio  Grande,  and  in- 
cludes the  greater  part  of  the  States  of  Tamaulipas,  C'oahuila, 
New  Leon,  San  Luis  Potosi,  Zaeatecas,  Durango,  Chihuahua, 
New  Mexico  and  California.  Of  the  population  in  these  states,  I 
am  not  informed,  but  it  must- be  very  consitlcrable.  Several  of 
these  states  have  nor  been  conquered,  and  to  hold  inilitary  posses- 
sion of  so  large  a  portion  of  Mexico,  would  require  a  large  force, 
and  be  subject  to  nearly  the  same  objections,  as  the  proposition 
which  I  shall  notice  of  a  military  occupation  of  the  whole  of  Mex- 
ico. And  what  would  be  the  object,  unless  we  intend  to  retain  the 
country  between  the  Rio  Grande  and  the  Sierra  Madre;  and  the 
objections  to  that  would  be  nearly  the  same,  as  to  annexing  the 
whole  of  Mexico.  And  if  we  were  to  absorb  so  largea  portion  of 
Mexico,  she  would  be  so  reduced  and  enfeebled,  that  we  should  be 
obliged  to  take  the  whole,  in  a  short  time. 

3.  To  maintain  our  present  possessions  in  Mexico,  with  a  force 
sufficient  only  for  that  purpose,  with  a  view  to  peace.  This  is  the 
proposition  of  the  honorable  Senater  from  New  York,  (Mr.  Dix,) 
in  whose  judgment  I  have  great  confidence.  He  did  not.  I  pre- 
sume, intend  an.  indefinite  occupation  in  case  a  treaty  of  peace 
should  not  be  obtained.  If  regarded  as  a  temporary  occupation, 
to  induce  a  peace,  it  is  substantially  the  same  as  the  first  proposi- 
tion I  shall  suggest. 

4.  An  indemnity  line,  adopting  the  Rio  Grande  as  a  boundary, 
with  the  whole  or  a  part  of  New" Mexico  and  California  This  I 
shall  have  occasion  to  speak  of,  in  remarking  on  my  second  pro- 
position. 

5.  To  hold  our  present  possessions,  and  increase  our  forces,  so 
as  to  extend  our  conquests  over  other  parts  of  Mexico,  and  com- 
pel her  to  sue  for  peace.  This  I  consider  stibstantially  the  same  as 
the  next  proposition  which  I  shall  notice.  This  appears  to  be  the 
plan  of  the  Secretary  of  War. 

6.  The  subjugation  of  the  whole  of  Mexico,  as  a  means  of  ob- 
taining peace.  I  will  postpone  what  I  have  to  say,  on  the  two  last 
propositions,  .until  I  have  suggested  my  own  ideas  as  to  the  best 
way  of  bringing  this  war  to  a  close. 


250 


THE  TEN  REGIMENT  BILL. 


[Wednesday, 


Mr.  President  :  In  deciding  on  the  course  most  advisable  to  be 
pursued  in  order  to  brinf^  the  war  to  a  termination,  we  must  con- 
sider the  present  condition  of  Mexico,  and  the  results  of  the  war 
thus  far.  We  are  now  in  the  mililarv  occupation  nfmorc  liian  one 
half  of  the  territory  of  Mexicii.  In  addition  to  tlie  northern  pro- 
vinces, which  are  sparsely  inhabited,  there  not  bein;j  more  than 
one  person  to  the  square  mile,  we  possess  the  important  central 
states,  of  Vera  Cruz,  Puebla,  and  Mexico.  We  holil  most  of  her 
seaports  on  the  Gulf  and  the  Pacilie  ;  we  have  reduced  all  her 
stron<5  fortresses,  with  their  armaments  ;  annihilated  her  army  and 
deprived  her,  apparently,  of  most  of  the  elements  nl  war.  We 
are  in  possession  of  her  capital,  and  her  irovcrnment  is  removed  to 
Queratero.  where  it  is  now  organized  or  attempting  to  do  so. 
The  power  of  Santa  Anna  and  the  military  party  is  overthrown, 
and  the  men  now  in  power  are  opposed  to  that  party  and  are  sup- 
posed to  be  friendlv  to  peace,  if  there  is  any  party  in  Mexico  who 
.•an  be  so  considered.  Having  the  possession  o(  all  her  .sea-ports, 
we  control  her  commerce,  and  are  collecting  the  duties  on  imports 
to  be  applied  to  tbe  support  of  our  army  in  the  country.  We  are 
also  attempting  to  levy  the  internal  taxes. 

v^In  view  of  these  facts,  it  appears  to  mc,  that  war  has  accom- 
plished its  mission— that  it  has  done  all  that  it  was  expected  to 
effect,  in  respect  to  peace.  Our  present  relations  with  Mexico  can 
hardly  he  considered  as  a  state  6f  war.  Tliey  are  rather  a  mili- 
tarv  occupation  of  the  country.  They  have  now  no  array  in  the 
field  and  have  no  means  to  maintain  one.  The  attempt  which 
seems  to  be  making  to  organize  an  army  of  twentv  thousand  men, 
appears  to  aim  only  at  raising  a  force  like  our  militia,  and  is  de- 
signed no  doubt  for' the  defence  of  the  government  against  the  mil- 
itary party  rather  than  to  oppose  the  forces  of  this  country  now  in 

Mexico.  ,        .  ,,     . 

With  this  %'iew  of  the  condition  of  Mexico,  I  submit  my  plan  of 
terminating  the  war.  To  hold  on  to  our  proseni  possessions  in 
Mexico,  until  one  more  attempt  can  be  made  to  negotiate  a  treaty 
ol  peace.  If  our  army  should  be  reinforced ,  and  preparations  -made 
apparently  for  a  more  vigorous  prosecution  of  the  war,  it  might 
favor  the  object  in  view,  and  it  is  from  that  consideration  that  I 
can  give  my  vote  for  this  bill.  I  would  have  Mexico  see,  that  we 
are  able  and  prepared  to  prosecute  this  war  as  long  as  we  think 
it  for  our  interest  to  do  so.  I  would  strengthen  our  forces  only 
for  the  purpose  of  favoring  negotiation  ;  and  not  for  the  purpose 
of  holding  the  military  occupation  of  the  country  for  an  mdeunite 
period,  or  lor  any  considerable  length  o(  time.  When  the  proper 
time  arrives,  if  it  has  not  already  ;  commissioners  of  character  and 
standing  should  be  sent  there,  clothed  with  full  powers  to  set- 
tle all  matters  in  dispute  between  the  two  countries. 

This  plan  aims  at  a  speedy  termination  of  the  war  by  treaty, 
and  are  there  not   good  reasons  to  suppose  that  it  would  be  suc- 
cessful ?     Whatever  credit  may  be   due  to   the  various   rumors  of 
negotiations  having  actually  taken   place,  all  accounts  from  Mexi- 
co go  to  show,  that  the  party  now  in  power  are  in  favor  of  peace. 
Since   the  overthrow  of  Santa  Anna  and  the  military  party,  the 
government  has  fallen  into   the  bauds  of  civilians,  whose  personal 
mterests  must  be  favorable  to  peace  ;  for   the  continuance  of  the 
war   will  be  likely  to  throw  the  power   again   into   the   hands  of 
some  military  chieftain.     War   promotes  the  influence  and  favors 
the  ambitious  schemes  of  military  leaders.     The  men  now  entrust- 
ed with  the  government  see  this,  which  turns  their  personal  inter- 
est, to   the   side  of  peace,  and   they  can  hardly  doubt  that  tiic  in- 
terest  of  their    country   lies    in    the    same    direction.     Wr    now 
see  that  all  the  Presidents  since  the  overthrow  of  the  military  lea- 
ders, who  in  rapid  succession  have  been  at  the  head  of  affairs,  have 
been  represented  to   he  favorable  to   peace — -Anaya,  Pena  y  Peua, 
and  Herera — and  they  appear  to  be  sustained  by  a  majority  of  the 
Congress,  as  well  as  by  the  governors  of  many  of  the  states,  who 
have  been  assembled  to  deliberate  on  the  condition  of  the  republic. 
This  parly  is  called  the  moderos — the  middle  men  or  moderate  men, 
occupying  a  position  between  the  two  exlrcmes,  of  which  the  milita- 
ry leaders  constitute  one  and  the  puros  the  other.  If  we  cannot  obtain 
peace  with  this  party,  with  what  party  can  we  expect  it?  The  mili- 
tary leaders,  all  accounts  allow,  are  averse  to  negociation;  and  the 
puros,  or  extreme  popular  party,  appear  to   be   equally  hostile  to 
peace.     Some  accounts  represent  that  their  object  is  to  compel  us 
to  subjugate  the  country  and  establish  a   government   over   it,  be- 
lieving that  the  only  way  of  effectually  putting  down   the  military 
party,  which  has  so  long  oppressed  them.      But  this  can  hardly  bo 
bebeved,  as  it  would  shew  a  total  want  of  national  sentiment— and 
It  IS  wholly  inc(msistcnt  with   the  manifesto  recently  put   forth    by 
the  deputies  of  this  partv,  in  which  they  protest  against  the  cession 
of   any  portion   of  their   tcrritorv,  even  that   which   is   in  dispute. 
The  military  party  and  the   puros,  although  the  two   extremes  in 
their  principles  so  far  as  they  have  any,  seem    prepared  to   act  to- 
gether, and  arc  ihreatcning  a  revolution  to  overthrow  the  present 
government       But  with  the  presence  of  our  army  they  can  proba- 
bly sustain  themselves.     This  appears  to  be   a  state  of  thiiiTs   fa- 
vorable  t<»  negociation;  and  there  can  ce  no   doubt  but    that'  there 
must  be  some  truth  m  the  various  reports  we  have  had  of  attempts 
being  made  to  negoeiale  a  treaty. 

It  may  be  said  that  sliouhl  a  treaty  of  peace  be  concluded  with 
the  present  government,  ii  woul.l  b,;  overthrown  so  soon  as  our 
army  was  with. Irawn  and  the  treaty  set  asi.le.  This  might  bo  so. 
But  would  not  the  .same  result  be  as  likely  to  IV.llow,  if  a  trcatv 
should  bo  concluded  one  or  two  years  hence,  and  with  a  diflerent 
parly  m  power?  There  can  ho  no  great  security  for  the  fulfilment 
of  the  stipulations  of  a  treaty  negociatod  with  any  Government 
that  now  exists  or  which  may  at  any  time  heroafier  ox^sl  in  Mex 


•ico.  A  treaty  at  any  time  may  be  of  no  great  value  intrinsically; 
perhaps  worth  little  more  than  the  parchment  on  which  it  might  be 
written.  I  only  say  that  one  obtained  now  would  be  as  likely  to  be 
respected  as  one  obtained  at  any  time  hereafter. 
•■"•iBut  whether  a  treaty  may  be  observed  or  not,  it  affords  the  most 
desirable  and  honorable  mode  of  closing  the  war,  and  withdraw- 
ing our  troops  from  the  country.  The  had  faith  of  Mexico  would 
be  no  dishonor  to  us. 

But  should  this  measure  fail  1  have  another  plan  for  terminating 
the  war,  or,  at  least,  putting  an  end  to  hostilities.  It  is  to  withdraw 
our  forces- from  Mexico,  and  to  hold  possession  of  New  Mexico 
and  California,  and  the  boundary  of  the  Rio  Grande.  This  mea- 
sures executes  itself,  and  does  not  at  all  depend  on  Mexico.  We 
are  now  in  the  occupation  of  those  territories  and  have  an  orga- 
nized government  there  of  some  sort.  The  President  regards 
them  as  already  ours;  he  says,  we  cannot  think  of  relinquishing 
them.  He  recommends  the  establishment  of  territorial  govern- 
ments over  them.  If  these  provinces  are  now  ours,  then  w-e  have 
already  indemnity  in  our  hands,  for  it  is  admitted  in  the  ultimatum 
submitted  by  Mr.  Trist,  that  we  consider  them  as  more  than  an 
equivalent  lor  our  claims.  A  sum  of  money  was  proposed  to  bo 
paid  in  addition  to  the  satisfaction  of  the  claims  of  our  citizens  upon 
Mexico.  1  do  not  consider,  however,  that  wo  have  acquired  a 
right  or  title  to  them,  as  I  do  not  admit  the  right  of  conquest,  but 
we  might  hold  them  as  security  for  indemnitv  on  the  principle  of  re- 
prisal. That  is  a  principle  of  the  law  of  nations;  and  one  which 
has  been  favored  by  our  government.  I  would  hold  them  subject 
to  a  treaty  arrangement,  whenever  Mexico  might  be  disposed  to 
negoeiate.  And  as  we  admit  that  something  ought  to  be  paid  to 
Mexico  for  those  territories,  that  leaves  a  continual  induccmonl  for 
her  to  enter  into  negociation. 

Now,  what  is  the  objection  to  this  course  ?  Why,  it  may  be 
said  that  it  will  not  put  an  end  to  the  war.  But  it  will  put  an 
end  to  hostilities,  which  is  about  the  same  thing,  and  enable  us  to 
reduce  our  army  to  twelve  or  fifteen  thousand  men.  which  is 
probably  the  lowest  point  we  should  reduce  it  to  if  w-e  had  a  treaty 
of  peace.  It  has  been  said  that  this  course  would  leave  us  ex- 
posed to  a  border  war,  which  would  require  a  large  force.  This 
is  an  idle  objection.  Those  provinces  are  remote  from  the  central 
and  populous  portions  of  Mexico.  Her  authority  there,  has  never 
been  but  little  more  than  nominal;  she  has  not  had  sufficient  force 
there  to  defend  the  people  from  the  Indians.  Impoverished,  w-eak- 
ened  and  distracted  as  Mexico  is,  and  will  continue  to  be,  it  is  idle 
to  suppose  that  she  would  be  able  to  send  anv  considerable  force  to 
that  remote  frontier.  The  inhabitants  which  would  settle  there, 
the  hardy  adventurers  from  the  western  States,  who  make  the 
bravest  and  best  soldiers,  would  soon  be  able  to  defend  themselves. 
It  is  confidently  asserted,  that  those  in  California  would  never 
submit  to  the  authority  of  Mexico,  if  we  were  to  relinquish  the 
country.  They  would  assert  and  maintain  their  independence. 
A  small  garrison  there  of  a  few  hundred  men  in  aid  of  the  inhabi- 
tants would  be  all  that  could  be  required  for  its  security.  Even 
the  Spanish  inhabitants  are  said  to  be  well  affected  to  the  United 
States. 

In  New  Mexico  there  might  be  more  difficulty;  there  is  a  much 
larger  Spanish  population,  and  they  jire  said  to  be  less  friendly  to 
the  United  States.  But  an  inconsiderable  regular  force  would  be 
sufficient,  as  our  citizens  would  sen  settle  there  in  suflicient  num- 
bers to  take  the  direction  of  alfairs  into  their  own  hands.  And  in 
regard  to  Texas,  she  has  stood  up  alone  agaiijst  the  power  of 
Mexico,  and  would  want  little  aid  from  our  army.  But  whatever 
force  might  be  required  for  the  defence  of  this  frontier,  it  could  be 
su|iplied  from  the  arniv  when  reduced  to  a  peace  establishment. 
We  should  have  no  other  exposed  frontier,  and  the  whole  rank  and 
file  of  the  army  could  be  stationed  there,  except  what  might  be 
required  to  garrison  the  forts  on  the  sea-board. 

But  it  may  be  said  that,  in  adopting  this  policy,  we  should  lose 
our  commerce  with  Mexico.  This  might  be  so  as  long  as  we  re- 
mained svithout  a  treaty.  But  we  may  expect  a  treaty  of  peace 
as  soon  by  pursuing  this  course  as  any  other.  And  what  trade 
can  we  expect  with"  Mexico,  by  a  treaty  extorted  from-  her,  by 
first  subjugating  her  ?  Her  animosity  and  unfriendly  feelings  would 
still  remain,  and  we  could  expect  little  trade  with  her.  Our 
commerce  with  Mexico  liefuie  the  war  was  reduced  to  a  small 
sum,  less  than  one  million;  and,  therefore,  in  any  view  of  it  is  of 
little  importance,  compared  with  the  expenses  and  sacrifices  which 
must  be  attendant  upon  the  continua.ice  of  the  war.  The  Presi- 
dent himself  sanctions  this  policy  as  a  last  resort.  He  says,  that 
if  Mexico  shall  finally  persist  in'her  course,  and  refuse  to  negotiate 
a  peace  such  as  we  can  approve,  we  must  then  ''lake  a  lull  meas- 
ure of  indemnity  into  our  own  hands."  It  becomes  then  a  mere 
question  of  time.  And  is  it  wise  to  prolong  this  war,  or  military 
occupation  for  an  indefinite  period,  when  after  the  expenses 
and  sacrifices  of  years  we  may  have  in  the  end  to  resort  to  the 
same  mode  of  indemnity,  that  is  open  to  us  now  >  Shall  we  sutler 
the  continuance  of  this  war  to  depend  upon  Mexii-o,  when  wo 
have  it  in  our  power  to  bring  it  to  a  speedy  close,  and  secure  the 
full  measure  of  indemnity  we  demand  '.  Mexico  has  no  responsi- 
ble governmeu't,  and  can  hardly  be  considered  as  a  civilized  nation. 
We  must  nut,  therefore,  expect  to  close  a  war  with  such  a  people 
as  we  would  with  an  enlightened  nation  having  a  stable  and  re- 
sponsible government.  And  shall  we  sudor  the  .semi-barbarism  of 
Mexico  to  kceji  us  in  a  continual  war  ?  When  a  civilized  nation 
makes  war  with  a  barbarous  or  half  civilized  people  they  terminate 
it  at  such  time,  and  in  sur.^  way,  as  their  own  interests  and  secnr. 


February  9.] 


THE  TEN  REGIMENT  BILL. 


251 


itv  may  require.  The  forms  ot  a  treaty  of  peace  in  such  cases  are 
deemed  of  little  importance. 

Mr.  President,  I  come  now  to  consider  some  of  the  objections  to 
the  two  last  plans  which  I  have  noticed — that  of  an  indetinite  mdi- 
tary  occupation  j  or  the  subjuf^ation  of  Mexico,  as  a  means  of  ob- 
taining; peace.  I  consider  thi>se  two  propositions  as  substantially 
the  same,  as  thev  would  lead  to  the  same  result — the  annexation 
of  the  whole  of  Mexico.  They  alford  liltle  or  no  prospect  of  peace, 
as  they  involve  the  overthrow  of  both  the  central  and  state  »overn- 
nieHts  ;  so  that  there  would  be  no  orj^an  of  the  nation  with  which 
a  treaty  could  be  negotiated.  They  involve  the  destruction  of  the 
nationality  of  Mexico,  so  that  she  would  be  thrown  on  to  our  hands 
as  a  conquered  country.  The  idea  of  organizing  a  government, 
under  our  auspices,  anil  then  negotiating  with  it,  would  be  a  mere 
mockery,  ^nd  besides  this  difficulty,  before  this  result  was 
reached,  there  would  be  such  American  interests  established  in 
Mexico,  as  would  interpose  an  insuperable  obstacle  to  dissolving 
our  connection  with  it. 

How  long  mav  it  take  to  .subiugate  the  peojde  of  Mexico  ?  for 
the  government  and  the  power  of  the  nation  arc  already  sul]dued. 
The  result  here  aimed  at,  will  make  the  contest  a  war  upon  the 
people.  All  historv  proves  how  diifieult  a  thing  it  is  to  subjugate 
the  people  of  a  country,  when  animated  by  a  spnit  of  liberty,  or 
of  national  antipathy  and  enmity.  The  greatest  captain  of  modern 
times.  Napoleon,  when  he  heard  of  the  defeat  of  his  marshals  in 
Spam,  is  said  to  have  exclaimed,  "  I  will  soon  put  an  end  to  this 
war  of  peasants!"  But  how  did  he  put  an  end  to  it  <  By  the  de- 
feat and  final  expulsion  of  his  armies  from  Spain  :  and  this  proved 
the  first  fatal  blow  to  his  career  of  conquest,  which  led  to  the  final 
overthrow  of  his  colossal  power  in  Kurope  and  France  itself.  To 
subjugate  seven  millions  of  people,  is  no  small  undertaking.  May 
vnu  not,  by  driving  them  to  desperation,  give  tliem  "  the  irresisti- 
ble strenL'th  of  weakness  ?"  And  what  service  will  it  be  for  onr 
brave  officers  and  soldiers,  to  prosecute  a  war  against  the  people  of 
Mexico  ?  Will  they  war  aeainst  non-combatants,  against  citizens, 
against  women  and  children  ?  Certainly  they  are  too  gallant  to 
make  war  on  the  women  of  Mexico.  I  recently  read  a  letter  from 
one  of  our  officers,  dated  at  Jalapa,  saying  that  the  country  was 
beautiful,  the  climate  delightful,  and  that  the  senoritas,  with  their 
ruby  cheeks,  looked  so  charmingly,  that,  was  he  not  a  married 
man,  he  should  have  been  afraid  of  becoming  annexed  to  a  Mexican. 

But  if,  after  a  contest,  perhaps  of  years,  you  are  successful, 
what  will  be  the  result  ?  Why,  we  shall  have  Mexico  on  our 
hands,  as  a  subjugated  country,  and  must  hold  it  as  an  appendage, 
or  admit  it  as  states  into  the  confederacy.  Success  may  be  more 
lioflorable,  more  gratifying  to  our  pride,  but  it  would  be  more  dis- 
astrous and  attended  with  vastly  more  serious  consequences,  than 
a  lailure.  * 

In  considering  the  question  of  our  annexing  or  absorbing  Mexico, 
the  matter  of  right  does  not  appear  to  have  entered  into  the  dis- 
cussion ;  we  have  only  looked  at  the  consequ?nees,  the  advantages 
or  disadvantages  to  ourselves.  But  what  would  be  our  right  to 
incorporate  Mexico  into  our  confederacy  ?  The  right  of  conquest 
is  only  a  successful  wrong.  Because  Mexico,  without  any  respon- 
sible government,  may  refuse  <o  treat  for  peace,  cannot  justify  us 
in  seizing  the  country.  Should  we  have  any  pretence  of  right, 
even  as  much  as  Catharine  of  Russia  had  to  dismember  Poland  '. 
But  I  will  not  discuss  this  question,  as  I  have  not  time  to  examine 
the  consequences  of  such  a  measure.  , 

The  idea  of  connecting  the  destinies  of  this  free  and  great  re- 
public with  such  a  country  as  Mexico  is  startling,  and  must  fill 
the  mind  of  every  refiectmg  person  with  alarm.  May  not  such  a 
union,  wliich  destroys  the  nationality  of  Mexico,  be,  in  the  end, 
equally  destructive  of  our  own?  What  is  Mexico?  The  very  Pan- 
dora's box  of  civilization — if  civilization  it  can  be  called.  In  what 
other  country  on  earth,  can  we  find  combined  all  the  evils  of  race, 
all  the  evils  in  government,  all  the  evils  in  religion,  and  all  the 
evils  in  morals?  .\nd  if  there  are  any  other  evils,  they  may  be 
fotmd  there.' 

*J\hied  Baif-f  of  -Stiiif/l  .imrricfl  ami  Merico. — Tscliudi,  a  distinpgisheti  German 
naturalist,  lias  TerenU\' pnlilislied  a  work  entitled  "  Travels  in  Peru,"  which  is  well 
known.  In  tliis  work  lie  gives  a  list  of  tile  crosses  ipsulting  froin  tlip  intermixture  oi 
the  Spanish  with  the  Indian  and  Negro  races  in  that  country-.  The  settlement  of 
Mexico  by  the  Spaniards  took  place  at  the  same  time,  and  the  intermixture  of  races  has 
been,  perhajis,  greater  in  that  country  than  in  Peru.  ,\n  officer  of  our  army  informs 
us  that  the  .Mexican  soldiers  present  the  most  uneiiual  characters  that  can  be  met  with 
anywhere  in  the  world.  Some  are  brave,  and  some  are  quite  the  reverse,  and  possess- 
ing the  base.;t  and  most  barbarous  qualities.  This,  doubtless,  is  a  result  in  [lart  of  the 
crossing  of  the  races. 

The  following  is  Tsclmdi's  list  of  the  crossings  in  Pein: 

P.VRENTS. 

White  lather  and  negro  mother. 
White  father  and  Indian  mother, 
Indian  father  and  negro  molher. 
While  father  and  mulatlo  mother. 
White  father  and  mestiza  mother. 
White  father  and  cliino  molher. 
White  father  and  cuarlerena  mother. 
White  father  and  quintero  mother, 
Negro  father  and  Indian  mother, 
Negro  father  and  nuilallo  mother, 
Negro  father  and  nie^tiza  molher, 
Negro  father  ^d  chino  mother, 
Negro  father  and  zambo  mother, 
Negro  father  and  quintero  mother, 
Indian  father  and  piulatto  mother, 
Indian  faiherand  inestiza  mother, 
Indian  father  and  chino  mother, 
Indian  father  and  zambo  mother, 
Indian  father  and  chino-claro  mother, 
Indian  father  anil  qainteto  mother. 
Mulatto  father  and  zambo  mother, 


IIULDREN. 

Mulatlo. 

Mestiza. 

Chino. 

Qnarteron. 

Creole,  pale,  brownish  complexion, 

Chino  HIanco. 

Q.ninlero. 

While, 

Zainho. 

Zani  bo-negro, 

Mul.ltto-oscuro. 

Zambo-chino. 

Zambo-negro,  perfectly  black. 

Mulatto,  rather  dark. 

Chinooscuro, 

Mestiza-claro,  often  very  beantitul. 

Chino  oscuro. 

Zanibo-claro. 

Indian,  with  frizly  hair. 

Me-stixo,  rather  brown. 

Zambo,  a  miserable  race. 


What  will  yon  do  with  her.  Will  you  unite  Mexico,  as  states, 
with  this  confederacy,  with  her  mbced,  mongrel  and  degraded 
population?  Are  her  people  prepared  for  this  ?  Have  they  not 
been  struggling  lor  nearly  forty  years,  to  establish  a  free  gtivern- 
ment,  and  are,  perhaps,  farther  from  it  now  than  when  the  strug- 
gle commenced?  Can  any  man  believe,  for  a  moment,  tha*  our 
complicated  and  nicely  balanced  system  of  government  would  ' 
stand  such  a  shock  as  this  ?  Like  a  complicated  piece  of  machin- 
ery, would  not  the  derangement  of  any  material  part  throw  the 
whole  into  disorder?  Could  states  in  Mexico,  formed  from  such  a 
population,  act  in  harmony  with  the  other  states  of  the  confederu. 
cy  ?  Would  you  trust  to  the  free  action  of  the  popular  will  there 
or  would  you  attempt  to  control  it?  And  what  new  elements  wonli 
you  bring  into  the  central  government  here?  Is  not  this  federal 
government  formed  out  of  the  states?  Do  not  they  constitute  its 
elements,  and  impart  to  it  its  life's  blood,  by  which  it  exists?  And 
what  kind  of  blood  will  you  infuse  into  it? 

Do  not  the  States  form  and  regulate  the  constituency  of  the 
members  in  the  other  wing  of  this  capitol,  and  also  the  coiistiiuen- 
ry  of  the  legislature,  who  elect  the  Senators  on  this  floor?  Con- 
gress, in  both  of  its  branches,  is  the  offspring  of  the  States,  and 
must  receive  its  character  from  their  action.  This  government 
which  is  a  sort  of  bfil.ance- wheel,  lo  unite  and  regulate  the  action 
of  the  States,  derives  its  character  from  them,  and  if  they  are  wan- 
ting in  the  elements  of  freedom  or  order,  the  defect  and  disorder 
will  be  communicated  here,  and  our  whole  system  become  de- 
ranged. 

But,  if  Mexico  has  not  the  elements  of  freedom,  so  that  she  can 
be  admitted  as  States  into  the  confederacy,  it  seems  to  be  suppo- 
sed that  we  can  hold  her  as  an  appendage  or  colony.  My  honora- 
ble friend  from  Arkansas  (Mr.  Sevier)  seems  to  think  there  would 
be  no  great  difiieulty  in  this.  He  says  we  might  appoint  a  gover- 
nor, secretary,  district  attorney,  and  judges  for  each  of  the  twen- 
ty-four States  in  Mexico,  and  Indian  agents  to  take  care  of  the  four 
millions  of  Indians,  and  in  this  way  get  along  very  smoothly.  This 
would  be  a  very  pretty  ctiloniai  system  for  such  a  people  as  the 
Mexicans.     Here  are  officers  to  execute  the  laws,  but  where  are 

the  laws  to  come  from,  or  is  there  to   be  no  law  but  their  wdl' 

Who  is  to  make  the  laws  for  thtfcolonies,  or  are  they  to  be  crovern- 
ed  without  law  ?  Shall  Congress  make  laws  for  those  States  or 
shall  the  judges  make,  as  well  as  administer,  the  law  ?  Or  will 
you  have  a  popular  legislature  in  each  ?  Does  not  the  Senator  seo 
that  the  whole  scheme  is  impracticable  ? 

The  case  most  parallel  to  this  is  the  British  possessions  in  India. 
And  is  Mexico  to  become  our  India  ?  If  so,  it  must  be  governed 
as  the  British  have  governed  their  India  possessions.  They  have 
had  no  such  complicated  machinery,  but  a  simple  despotism.  The 
whole  powers  of  government  were  for  a  time  confided  to  a  crov- 
ernor  and  council,  without  any  law  but  their  will  ;  and  thev  always 
had  a  large  army  at  their  command  which  constituted  tlie  whole 
strength  oi"  the  government.  After  a  while  judges  were  appointed 
mainly  to  protect  the  natives  from  the  rapacity  of  the  English,  who 
had  settled  in  India,  and  who,  as  is  "said  by  a  British  writer,  were 
like  wolves  among  sheep.  But  the  British  minister  and  parliament 
were  a  little  like  the  Senator  from  Arkansa.s — they  appointed  jud- 
ges but  gave  them  no  law.  They,  therefore,  made  law  for  them- 
selves, and  undertook  to  introduce  the  common  law,  civil  and  cri- 
minal, and  to  enforce  it  upon  a  people  who  knew  no  more  about  it 

than  they  did  of  any  thing  else,  of  which  they  had  never  heard. > 

The  chief  justice  Impey  was  another  Jeffi-ie.s,  and  by  his  arbitrary 
enforcement  of  laws  unknown  to  the  people,  exercised  a  tyranny 
not  surpassed  by  the  rapacity  of  Hastings  the  governor.  He  issu- 
ed his  processes  and  writs,  and  sent  out  sherifi's  and  bailiffs,  with 
armed  posses,  and  seized,  imprisoned,  tried,  condemed,  and  even 
executed  the  natives,  for  offences  which  they  knew  nothing  of  and 
which  were  not  criminal  by  their  laws.  Even  a  prince  and  a  hiwh 
(iriest  among  the  Brahmins,  Nuncomar,  was  seized,  arraigned,  tri- 
ed, condemned  and  executed  for  forgery,  which,  by  the  laws  of  the 
country,  was  only  a  fraud.  The  whole  native  population  petition- 
ed and  implored  that  he  might  be  spared,  but  he  was  executed 
surrounded  by  vast  multitudes  of  his  countrymen,  imploring  heaven 
for  his  deliverance,  and  filled  with  consternation  and  dismay  which 
no  language  could  describe.  The  people,  seeing  that  thev  were 
liable  to  be  seized,  condemned,  and  punished  without  knowinf  for 
what — that  they  were  exposed  to  the  severe  requirements  of  a  law 
invisible  and  unknown  to  them — ignorant  whence  it  came,  whether 
from  above  or  beneath,  whether  it  was  of  hmnan,  divine,  or  infer- 
nal origin — were  driven  to  despair  and  sought  protection  from  that 
power  which  had  so  long  been  their  oppressor,  the  governor  and 
council.  But  this  protection  they  could  not  obtain,  for  even  the 
governor  and  his  council  could  not  restrain  the  oppression  and  ra- 
pacity of  the=e  judges  without  law. 

And  would  the  Senator  send  out  judges  to  Mexico  without  law? 
If  not,  I  would  ask  what  laws  would  govern  their  proceedinns  ? 
Would  they  like  the  English  judges,  take  the  common  law?  or 
statute  laws  of  the  United  States  with  them  ?  or  would  they  adopt 
and  enforce,  the  laws  of  Mexico  ?  Do  the  people  of  Mexico  know 
any  thing  about  the  principles  or  forms  of  our  laws;  and  could  they 

Mulatto  father  and  mestiza  mother.  Chino,  rather  clear  complexion. 

Mulatto  father  and  chino  mother,  Chino,  rather  dark. 

The  eftect  of  such  intermixture  upon  the  character  is  tlins  stated  bv  Dr.  Tschndi  : 
"To  dettoe  theircharacteristics  correctly  would  be  impossible,  for  their  minds  panake 
of  the  mixture  of  theif  blood,  .\s  a  general  rule,  it  maybe  fairly  said  they  unite  in 
lliemselves  all  the  faults,  without  any  of  the  virtoes  of  their  progenitors;  as  men,  they 
are  generally  infenor  to  the  pore  races;  and,  as  members  of  society,  they  are  the  woi^t 
class  of  Citizens,'' 


252 


THE  TEN  REGIMENT  BILL. 


[Wednesday, 


be  intioJuced  among  ihera  ?  What  do  they  know  of  trial  by  jury, 
of  a  capias,  habeas  corpus,  arrest,  bail,  and  all  the  forms  and  pro- 
ceedings of  the  common  law  ?  And  would  our  own  citizens  who 
might  settle  in  Mexico* submit  to  the  .summary  and  arbitrary  pro- 
ceedmijs  of  the  Mexican  laws  ? 

Sir,  the  inhabitants  of  two  countries,  whose  institutions, 
laws,  reliixion,  and  usages,  are  so  unlike,  cannot  be  brouL'ht  under 
one  jurisdiction.  The  only  way  we  could  govern  Mexico,  would 
be  by  a  system  similar  to  that  of  Spain,  when  it  was  under  her  do- 
minion. By  a  despotic  system,  a  sort  of  Vit-e-roj'alty,  the  supreme 
power  being  in  the  hands  of  one  man,  and  he  would  require  an 
army  to  sustain  his  authority.  Whatever  it  might  be  called,  it 
would  he  essentially  a  military  government,  as  Mexico  does  not 
seem  prepared  for  anv  other. 

The  Indians,  constituting  the  larger  part  of  the  whole  popula- 
tion, would  be  taken  care  of  by  Indian  agents,  says  the  Senator 
from  ArkaiLsas,  as  we  now  do  the  Indians  within  the  United  States. 
But  does  he  not  know  that  the  Indians  in  Mexico  do  not 
live  in  tribes;  tl'at  they  have  no  separate  governments;  that  they 
are  a  part  of  the  citizens  of  the  country,  and  subject  to  the  laws  in 
the  same  manner  as  others  ? 

And  now,  I  would  ask.  why  shall  we  take,  on  our  hands,  a 
country  like  Mexico  f  Would  it  add  to  our  strength,  our  wealth,  . 
or  prosperity  ?  Would  it  not  be  a  source  of  expense  at  all  times, 
and  of  weakness,  in  case  we  were  involved  in  war  with  any'lbr- 
ei^n  power  ?  Shall  we  take  her,  as  seems  to  be  suggested  by 
.  some,  because  she  may  fall  into  anarchy,  if  we  withdraw  our 
forces  ?  What  if  she  does  f  is  thai  any  conuern  of  ours  !  Are  we 
responsible  for  the  domestic  governuient  and  peace  of  Mexico  ?  Is 
it  not  one  of  our  moit  settled  maxims,  not  to  interfere  in  the  in- 
ternal government  and  concerns  of  other  nations  ?  .  The  only  inte- 
rest we  have  in  this  matter,  is  that  there  sliould  be  a  stable  and 
responsible  government,  that  would  preserve  order  at  home,  and 
whiuh  would  not  be  likely  to  trespass  on  our  rights  as  a  neighboring 
power.  Some  have  expressed  apprehensions,  that  a  monarchy 
may  be  established  there.  But  have  not  the  people  a  right  to  es- 
tablish what  government  they  please  ?  And  perhaps  monarchy,  in 
.some  form,  is  the  only  government  for  whicli  Mexico  is  prepared  ? 
That  would  be  most  likely  to  pressrvc  internal  order,  and  aflbrd 
secufity  to  persons  and  property,  which  woidd  be  favorable  to  our 
trade.  Whatever  system  is  most  favorable  to  oiu'  commerce, 
would  be  most  beneficial  to  us. 

Shall  wc  take  Mexico  as  some  seem  to  desire,  from  an  appre- 
hension that  she  may  fall  into  the  hands  of-a  foreign  power  ?  And 
would  you  annihilate  her  nationality,  and  extend  vour  jurisdiction 
over  her,  for  fear  some  other  nation  would  be  gudty  of  the  same 
wrong  ?  Or  would  you  maintain  a  perpetual  military  occupation  of 
1  he  country ,  to  keep  it  from  falling  under  the  dominion  of  a  foreign 
state  '■  If  Englaiul  or  any  great  European  power,  should  attempt 
to  make  a  colony  of  Mexico,  we  should  no  doubt  oppose  it,  with 
that  firmness  due  to  our  character;  and  perhaps,  should  it  become 
necessary,  to  the  extremity  of  war.  But  sullieient  for  the  day  is 
the  evil  thereof.  When  such  danger  arises,  if  it  ever  does,  it  will 
be  time  enough,  to  meet  it,  and  we  shall  be  better  prepared  to  do 
so,  by  returning  to  peace,  and  husbanding  our  resources. 

But,  Mr.  President,  some  have  discovered  a  reason  for  our  extend- 
ing our  dominion  over  Mexico,  in  the  purpose  of  carrying  tliere  our 
civilization  and  e.xtendiiig  the  areaof  freedom.  Are  we  under  obliga- 
'  tions  to  do  this,  if  it  were  practieablel  But  can  it  be  accomplished? 
Can  you  introduce  the  blessings  of  civilization  and  freedom  by  war 
and  conquest?  Is  there  any  example  in  the  annals  of  the  world  of 
an  enlightened  nation  having,  by  war  and  conquest,  introduced 
rivilization  and  freedom  among  a  savage  or  semi-barbarous  people? 
If  there  is  any  such  I  have  never  found  it.  Mexico  itself  is  an  ex- 
ample to  the  contrary.  She  was  conquered  three  centuries  agobv 
Spain,  then  not  only  the  most  powerful,  but  boasting  of  a  hrghcV 
degree  of  civilization  and  refinement  than  any  nation  in  Europe. 
And  what  has  been  the  result?  The  Mexican  or  Aztec  race  were 
not  a  rude  and  Ijarbarous  people,  but  considtrably  advanced  in  civ- 
ilization, probably  more  so  than  they  are  now,  after  being  under 
the  dominion  of  their  conquerors,  for  three  centuries.  They  have 
lost  their  original  virtues  with  their  independence,  and  are  now  a 
degraded  and  vicious  race. 

If  we  look  to  the  uiitions  of  antiquity  we  shall  find  the  same  re- 
sult. Rome,  long  mistress  of  the  world,  alike  distinguished  in  arts 
and  arms,  was  in  advance  of  other  nations  in  civilization,  with  the 
exception  of  the  Greeks.  Her  eomiuests  extended  over  Europe, 
•  nd  parts  of  Asia  and  Africa;  but  in  what  siuglc  country  did  she 
plant  the  seeds  of  civilization  or  freedom?  Her  arms  first  suliju- 
gated  the  cities  of  Italy,  then  Greece,  Carthage,  and  the  countriei 
of  the  East,  and  crossing  the  barrier  ol'  the  Alps,  she  conquered 
Gaul,  Germany,  and  the  numerous  Scandinavian  hordes  of  the 
North.  These  hardy  and  warlike  pcojile  were  repeatedly  subdued 
by  Cassar  and  other  Homan  generals,  who  also  visited  Britain  and 
established  their  dominion  there.  But  were  any  of  these  people 
civilized  by  their  eoiu|uerors?  Instead  of  this,  it  seems  to  hav« 
been  the  conquered  nations  which  imparted  the  li<rlils  of  civiliza- 
tion, to  their  conquerors.  Greece  subdued  by  Roman  power  car- 
ried the  arts  and  a  more  advanced  civilizaticm  auion^r  the  Roman 
people.  And  the  Scandinavian  hordes  so  often  subdued  by  the  Ro- 
man arms  without  making  any  advance  in  social  improvements 
when  they  became  conquerors  in  their  turn,  and  overrun  all  the 
South  of  Europe,  appear  to  hav'e  received  the  first  iniiHilse  uf 
oivilization  from  the  people  ihey  had  .subjugated.  The  Romans 
maintained  their  dominion  over  Brilain  a  considerabU'  time,  but  ap- 
pear to  have  left  no  traces  of  civilization  behind  them,    it  scein* 


to  be  a  law  of  human  progress  that  a  barbarous  people  will  not 
embrace  the  arti  and  forms  of  social  life  of  their  conquerors,  let 
them  be  ever  so  superior  in  social  advancements.  But  wherever  a 
semi-barbarous  people  have  made  conquests  of  nations,  even  in  the 
decay  of  their  civilization,  the  conqneiors  have  imitated  and  em- 
braced much  that  was  valuable  among  the  people  they  had  subju- 
gated. The  northern  hordes  who  had  so  often  felt  the  force  of  the 
Roman  arms,  without  one  ray  of  the  light  of  civilization  being 
left  among  them,  at  length  became  aroused  from  their  fastnesses, 
and  uniting  the  different  tribes  and  chiefs,  poured  down  like  a 
mountain  torrent  upon  the  countries  of  the  Roman  empire,  and 
spread  such  ruin  and  desolation  around  them  as  nearly  to  ex- 
tinguish all  the  evidences  of  past  civilization.  The  chroniclers  of 
these  inroads  of  the  northern  hordes  could  find  no  language  to  de- 
scribe such  horrors,  and  characterized  these  ferocious  iavaders  as 
the  "scourge  of  God." 

Such  were  our  Scandinavian  or  remote  Saxon  ancestors,  from 
whom  we  derived  that  Anglo-Saxon  blood  which  it  seems  to  be 
supposed  is  destined  to  overrun  and  possess  the  whole  of  the  west- 
ern continent.  It  is  from  this  source  that  we  derive  that  "destiny" 
which  is  to  extend  the  Anglo-Saxon  race  over  the  whole  of  the 
western  hemisphere.  This  may  be  so;  but  I  hope  this  high  des- 
tiny is  not  to  be  accomplished  in  the  way  our  remote  ancestors  ful- 
filled theirs — bv  a  progress  marked  by  desolation  and  blood.  Ours 
is  a  different  age  from  theirs,  and  whatever  may  be  our  destiny,  I 
hope  it  will  be  accomplished  by  means  which  will  not  derogate 
from  our  character  as  a  just  and  enlightened  [leople. 

Mr.  President  :  It  seems  to  be  supposed  by  some  that  we  ought 
not  to  bring  this  war  to  a  close  without  obtaining  "  security  for 
the  future"  as  well  as  "  indemnity  for  the  past."  This  language 
is  found  in  the  message  of  the  President  ;  but  I  do  not  know  what 
he  means  by  security  for  the  future.  The  language  sounds  very 
well,  but  does  not  seem  to  have  anv  verv  precise  meaning.  We 
can  understand  what  is  meant  by  indemnity  for  the  past,  but  what 
security  for  the  future,  as  applied  to  Mexico,  can  mean,  may  be 
more  doubtful.  I  apprehend,  however,  that  it  could  mean  nothing 
more  than  that  in  obtaining  indemnity  by  negotiation,  we  ou<rht  to 
have  reasonable  security,  or  reliance  for  the  fulfilment  of  the  treaty 
stipulations.  It  certainly  could  not  mean,  as  has  been  hinted  by 
some,  that  we  must  insist  on  one  half  or  more  of  the  Mexican  ter- 
ritory, to  the  Sierra  Madre,  as  a  security  against  the  other  half. 
Nor  can  the  President  intend  that  we  must  have  a  mountain  bar- 
rier, or  some  other  boundary,  affording  a  strong  natural  defence, 
to  protect  us  from  •invasion  and  war  from  Mexico.  No  such  na- 
tural boundary  exists,  and  if  it  did,  we  have  no  reason  for  it.— 
We  want  no  other  security  against  Me.xieo  than  the  spirit  and 
valor  of  our  people,  and  the  great  and  growing  resources  of  our 
country.  These  are  the  only  securities  we  have  against  Great  Bri- 
tain, bounding  on  our  extensive  northern  frontier.  I"f  we  have  no 
apprehensions  (rom  her.  weceitainly  need  have  none  from  so  weak 
and  distracted  a  neighbor  as  Mexico. 

But  I  think  the  origin  and  history  of  this  phrase,  •'  indemnity 
for  the  past  and  security  for  the  future,"  did  not  occur  to  the 
President,  or  he  would  not  have  introduced  it  into  his  message. 
It  had  a  bad  origin.  It  was  the  defence  made  by  Mr.  Pitt,  for  the 
long  and  ruinous  war  in  whicli  England  was  engaged  with  France. 
This  war  continued  nearly  twenty  years,  and  called  forth  all  the 
resources  of  England — not  only  in  fleets  and  armies,  but  its  trea- 
sure was  poiired  out  like  water,  to  subsidise  the  armies  of  the  con- 
tinental powers  of  Europe.  But  the  object  of  this  war,  involving 
such  vast  expenditures  and  sacrifices,  was  not  very  apparent  or 
satisfactory  to  some,  in  and  out  of  Parliament.  'Mr.  Fo.v.  and 
others  of  the  opposition,  often  pressed  the  minister  very  hard,  and 
demanded  to  be  informed  of  the  object  of  the  war.  But  the  only 
answer  they  could  get  from  Mr.  Pitt,  was  "  indemnity  for  the  past 
and  security  for  the  future."  Well,  sir,  this  war,  although  long 
disastrous  to  the  British  and  their  allies,  was  in  the  end  suc- 
cessful. Bonaparte  was  defeated,  his  continental  system  broken 
up,  and  he  was  driven  from  the  throne  of  Fiance.  But  what 
was  the  indemnity  for  the  past  and  security  for  the  future, 
which  Mr,  Pitt  obtained  for  his  countr}'  ?  Ask  the  the  arti- 
sans and  laborers  of  Birmingham  and  Manchester,  the  men 
of  ceaseless  toil,  and  they  will  tell  3'ou  what  was  that  security, 
which  has  ever  since,  robbed  them  of  one-tliirtl  part  of  their  hard 
earnings.  It  was  national  debt  and  national  t;ixation.  This  war 
added  five  hundred  millions  of  pounds  to  the  national  debt  of  Eng- 
land, swelling  the  amount  to  the  the  enormous  total  of  eight  hun- 
dred millions.  Such  was  the  security  which  England  obtained 
from  an  unnecessary  and  protracted  war,  sustained  by  a  minisi«r 
of  great  abilities,  but  by  no  means  a  wise  and  prudent  statesman. 
The  great  mistake  was,  in  placing  a  young  man  at  the  age  of 
twenty-four,  at  the  lielm  of  state,  to  direct  the  destinies  of  a  great 
nation, 

I  hope,  Mr.  President,  we  shall  not  be  disposed  to  follow  such 
an  example  of  obtaining  indemnity  for  the  past  and  security  for  the 
future.  The  best  security  for  the  future  which  any  nation  can 
have,  is  peace,  as  that  increases  its  resources  lor  war. 

Mr.  President,  within  the  last  few  years  the  public  mind  has 
been  directed  to  the  acquisition  of  territory  and  the  enlBrgement 
of  the  boundaries  of  the  republic.  First,  to  the  annexation  of 
Texas;  tlien  the  establishment  of  our  title  to  Oregon  v  and  now  in 
a  war  with  Mexico,  which  all  seem  to  regard  as  having  a  connec- 
tion with  territorial  acquisition.  These  questions  have  had  an  ex- 
citing and  powerful  ellect  on  the  public  mind;  and  it  cannot  be 
surprising,  that  they  have  given  rise,  in  certain  minds,  to  extrava- 
gant ideas  and  magiiiticeiu  schemes  of  the  progress,  enlargement. 


February  9.  J 


THE  TEN  REGIMENT  BILL. 


253 


and  greatness  of  our  country.  Territorial  aggrandizement  ha- 
viiicr  become  tlie  great  object  on  whicli  the  national  mind  is  fixed, 
it  is  natural  that  there  should  bo  a  strife  among  tbe  leaders  of  the 
political  parties,  divisions  and  subdivisions,  existing  among  us,  to 
push  ahead  of  each  otiier,  each  aiming  to  get  an  advanced  position  in 
the  pursuit  of  the  same  object.  First,  peaceable  annexation;  then 
the  assertion  of  a  "clear  and  unquestionable  title,"  and  finally, 
acquisition  by  conquest.  Destiny  points  out  our  path,  and  pro- 
gress urges  us  on.  And  where  shall  we  stoji,  or  how  far  will  pro- 
gress carry  us?  My  luinorable  friend  from  Ne%v  York,  (Mr.  Dick- 
inson,) has  a  resolution  before  us,  for  annexing  all  contiguous 
territory.  I  trust  he  does  not  intend  to  do  this  by  conquest,  for 
the  principle  will  carry  us  a  great  ways.  We  cannot  stop  at  the 
burning  sands  of  Panama,  but  must  pass  on  to  the  tabic  lands  of 
Central  America,  thence  to  the  Rio  de  la  Plata,  and  finally,  to 
Patagonia,  and  be  brought  up  at  Cape  Horn.  And  but  for  the 
straits  of  Magellen,  we  might  annex  the  Sandwich  Islands,  and 
perhaps  Japan. 

But  1  allude  more  to  the  indications  of  public  sentiment  else- 
where, than  in  the  Senate;  to  the  tone  of  a  portion  of  the  public 
press;  to  popular  meetings,  speeches,  addresses  of  conventions, 
and  other  evidences  of  wild  and  extravagant  opinions.  The  pro- 
position, to  unite  the  destinies  of  this  free  and  happy  republic 
with  Mexico,  that  ''Scrborgan  bog,"  is  treated  as  lightly  and  dis- 
posed of  as  easily,  as  a  question  of  forming  a  new  county,  or  di- 
viding a  township.  This  levity  and  recklessness,  in  respect  to  .so 
grave  a  question,  although  not  prevailing  to  much  extent,  has  ne- 
vertheless filled  me  with  amazement.  Should  such  sentiment 
spread,  should  the  public  mind  become  phrenzicd  with  a  lust  for 
territory  and  false  notions  uf  national  greatness,  I  should  tremble 
for  the  conseipiences.  When  I  witness  these  s))lendid  delusions.  I 
have  been  reminded  of  the  memorable  words  of  the  Earl  of 
Chatham,  who  in  that  imiignant  language  peculiar  to  him, 
charged  the  minister  of  his  day  of  having  "drank  of  that  poison, 
described  in  poetic  fiction  which  makes  men  forget  their  coun- 
try." It  appears  to  me  that  all  .such,  whether  in  exalted  or 
humble  conditions,  have  forgot  their  country — that  they  are 
only  thinking  of  Mexico.  Sir,  what  is  our  country  ?  Does 
it  consist  only  of  territory;  of  those  great  features  which  dis- 
tinguish this  continent ;  its  vast  mountains,  lakes  like  inland  seas, 
rivers  like  estuaries  of  the  ocean,  and  valleys  and  prairies  unknown 
in  any  other  land?  No  !  These  are  not  our  country;  they  belong  to 
Him  who  created  them.  We  mav  be  thankful  that  our  lot  has 
been  cast  in  so  favored  a  portion  of  the  globe,  but  we  have  no  rea- 
son to  be  proud  of  it,  as  \vc  have  no  merit  in  it.  Our  coimtry  con- 
sists of  oiu"  population  and  its  wonderful  organization,  political, 
civil  and  social  ;  our  complicated  but  harmonious  system  ot  govern- 
ment ;  the  simplicity  and  justice  of  our  laws  ;  our  instiutions  of  re- 
ligion, free  to  all,  and  iiplield  without  law  ;  our  system  of  general 
educatitin  and  higher  institutions  of  Inariiing  ;  the  purity  of  our 
morals,  and  the  simple  and  unsophisticated  forms  of  social  life.  It 
is  these  things  whicli  distinguish  our  country  from  all  others,  and 
of  which  we  may  be  excused  for  being  a  little  boastful.  It  is  liber- 
ty and  all  the  blessings  of  freedom  which  we  enjo\',  that  should  en- 
ter most  largely  into  our  ideas  of  country.  And  will  the  extension 
of  our  territory  add  to  their  value  ?  Can  we  haVe  no  higher  idea 
of  natii'iial  greatness,  than  what  pertains  to  extent  of  territory  ? 
Is  territory  the  only  feature  of  national  power  and  glory  ?  Is  it 
lo  be  valued  more  than  those  elements  of  moral  power  and  true 
greatness,  to  which  I  have  referred  I     To  indulge  a  desire  for  ter- 


ritorial aggrandizement,  and  especially  by  conquest,  is  to  imitate 
the  vulgar  ambition  of  kings,  and  is  unworthy  of  a  free  and  en- 
lightened people.  This  is  not  the  destiny  to  which  the  founders  of 
the  republic  looked  for  their  country.  Its  liberty,  its  free  institu- 
tions, its  respect  for  justice  and  the  sacred  rights  of  humanitv,  en- 
tered largely  into  their  ideas  of  the  future  greatness  and  true  glory 
of  their  country.  They  regarded  more  its  moral  than  its  physical 
greatness,  and  sought  to  give  an  increasing  development  to  its 
moral  energies.  That  was  the  "progress"  they  anticipated  for 
I  heir  country.  The  best  definition  of  a  free  government  was 
given  by  a  citizen  of  my  own  state,  Joel  Baklow.  who  seems 
not  to  have  been  justly  appreciated.  He  defined  a  free  govern- 
ment to  be  "the  substitution  of  moral  for  physical  power."  But 
in  this  progressive  age,  we  seem  to  be  advancing  backwards  and 
substituting  physical  for  moral  power. 

Mr.  President,  I  have  no  apprehensions  from  any  reasonable  en- 
largement of  our  territory,  when  circumstances  throw  acquisitions 
in  our  way  by  just  and  ]'eaceful  means.  But  I  would  not  indulge 
a  passion  for  territorial  aggrandizement  ;  whicli  has  a  tendencv  to 
an  aggressive  policy  that  may  "trespass  on  the  rights  of  other 
■fltions."  A  state  with  a  small  territory  must  necessarily  be  weak  ; 
and  one  of  a  very  extensive  territory,  may  be  weakened  from 
that  circumstance,  by  its  scattering  its  population.  Ab  fast  as  our 
population  increases,  our  territorial  possessions  have  increased 
much  faster.  This  of  course  has  a  tendency  to  scatter  our  popu- 
lation and,  for  a  time,  to  diminish  our  strength  ;  and  even  our  re- 
sources for  the  value  of  labour  remote  from  markets  is  much  less 
than  it  would  be  in  other  sections  of  the  country.  Can  we  not  be 
satisfied  with  a  country  stretching  across  a  continent  and  bound- 
ing on  two  oceans  ?  Noihing  short  of  tbe  whole  continent  it  seems 
will  .satisfy  some.  Whether  our  political  system  could  be  extended 
and  maintained  over  this  continent,  if  there  was  a  homogeneous 
population,  is  a  problem  th;i* may  never  be  solved.  But  whether 
it  could  or  not,  I  see  no  object  in  it.  It  seems  to  be  the  order  of 
Providence,  that  there  should  be  families  of  nations,  as  well  as 
families  which  compose  all  communities.  Whilst  they  are  often  a 
necessary  check  upon  each  other  ;  the  commercial  and  friendly 
intercourse  between  them,  tends  to  the  general  advancement 
of  all. 

Mr.  President,  I  have  exhausted  myself  and  wearied  the  Senate, 
and  having  said  about  all  that  I  desired  to  s.ay,  I  will  detain  you 
no  longer.  I  thank  Senators  for  their  patienoe  and  attention.  I 
have  discharged  what  was  in  some  respects  an  unpleasant  duty. — 
If  I  have  spoken  with  warmth,  it  is  because  I  have  felt  what  I  have 
said.  If  I  have  rai.sed  a  warning  voice  against  dangers  in  the  fu- 
ture, which  a  false  step  at  this  time  might  bring  upon  the  country, 
it  was  because  such  were  my  solemn  convictions. 

This  may  be  the  last  time  that  my  voice  will  be  heard  in  this  hali 
on  any  great  question,  alfecting  the  lasting  welfare  of  the  country. 
I  shall  not  long  be  here  ;  but  in  retirement  I  can  never  be  indit- 
ferent  to  -whatever  concerns  the  prosperity  of  the  country,  the  in- 
tegrity of  the  Union,  and  the  maintainance  of  our  free  institutions, 
in  all  their  etficacy.  And  I  hope  it  may  be  my  last  aspiration,  that 
it  may  ever  remain  the  true  glory  of  our  countrv,  to  cherish  liberty 
as  the  highest  good  of  the  people,  and  to  preserve  peace,  in  the 
only  way  it  can  be  done,  by  observing  justice. 

Mr.  UNDERWOOD  took  the  floor,  and  on  his  motion, 

The  Senate  adjourned. 


254 


PETITIONS— PRIVATE  BILLS,  ETC. 


[Thursday, 


THURSDAY,  FEBRUARY  10,  1848. 


ORDWANCE    OF    THF.    CITY    COU.VCIL    OF    ST.    LOUIS. 

Mr  BENTON  presented  an  ordimmoe  passed  by  the  oity  eoun- 
eil  of  St.  Louis,  Missouri,  uriTin<:  upon  Congress  the  propriety  ol 
inakinrr  an  upiiropriation  for  eontiiiuiiiir  the  improvement  ot  the 
liarbor\t  that  plaee;  whieh  was  referred  to  the  Committee  on 
Commeree,  and  ordered  to  be  printed. 

PETITIONS. 

Mr  HUNTER  presented  the  memorial  of  Elizabeth  Monroe, 
widow  of  Thomas  J,  C.  Monroe,  deceased,  late  a  surgeon  in  the 
army  of  the  United  States,  praying  a  pension;  which  was  relerred 
to  the  Committee  on  Pensions. 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  was 
Ordered,  That  the  petition  of  Erskine  and  Eichelhercer,  on  the 
files  of  the  Senate,  be  referred  to  the  Committee  ol  Claims. 

On  motion  by  Mr.  BUTLER,  it  was 
Ordered,  That  the  petition  of  E.  P.  Guier,  and  B.  MeLauchlin, 
on  the  tiles  of  the  Senate,  be  referred  to  the  Committee  of  Claims. 

SEN.\TF.    POST    OFFICE. 

Mr.  WESTCOTT  submitted  the  following  resolutiim  for  con- 
sideration : 

Rrtalvril.  Tlinl  the  SecreLirv  of  the  Si-nate  1)3  aiitlionwil  to  p.ly  to  llie  two  yontlif 
employeil  iii  llie  Seii.ale  post  office  al  tlie  li^t  session,  one  iiuiidred  dollars  eacli.  in  full 
compe'nBation  for  tlieir  services  at  the  hist  session. 

On  motion  by  Mr.  WESTCOTT,  it  was 
Ordered,  That  it  bo  referred  to  the  Committee  on  the  Contingent 
Expenditures  of  the  Senate. 

CHARITY    HOSriTAI.    AT    NEW    ORLEANS. 

Mr.  JOHNSON,  of  Louisiana,  submitted  the  followin<»  resolu- 
tion; which  was  considered,  by  unanimous  consent,  and  agreed  to: 

Itrsolt'fl.  That  the  Coiniuiitee  on  Coiiuiierce  h.-  in-trueled  to  ini|uire  intf>thee\pe 
dieney  of  uiakinu  an  approprialion  to  aiil  the  Clianty  llospual  at  New  Orleans  in  lie- 
frayirifi  the  expenses  of  the  sii-k  and  desliltite  volnnteer  troO|is,  as  well  as  of  sick  aud 
dfotituttr  tilizens  of  the  United   Slates,  reeeiied  Into  the  said  iustllulioil. 

TH.INKS  TO  COLONEL  PONIPHAN. 

■Mr.  HANNEGAN,  by  unanimous  consent,  asked  and  obtained 
leave  to  introduce  a  joint  resolution  of  thanks  to  Colonel  Alexan- 
der W.  Doniphan,  the  otlicers  and  «ien  under  his  command  in 
their  recent  campaiLrn  tliroui^li  the  Nurtiiern  States  and  iiroviiii'e-; 
ol  Mexico;  which  was  read  the  first  and  second  times,  referreii  to 
the  Committee  on  Military  AlTairs,  and  ordered  to  be  printed. 

MEDALS,  ETC.,  FOB    OFFICERS  AND  SOLDIERS.. 

Mr.  CASS,  by  unanimous  consent,  asked  and  obtained  leave  to 
introduce  a  joint  resolution  authorizing  medals  and  certificates  to 
be  given  to  ollicers  and  soldiers  of  the  regular  army  and  volunteers 
for  gallant  conduct  in  battle  during  the  war  with  Mexico;  which 
was  read  the  first  and  second  times,  referred  to  the  Committee  on 
Military  Afl'airs,  and  ordered  to  be  printed. 

ADVERSE    REPORT. 

Mr.  BRKJHT,  from  the  Committee  on  Revolutionary  Claims, 
to  whom  was  referred  the  petition  of  Mary  M.  Telfair,  submitted 
an  adverse  report,  which  was  ordered  to  be  printed. 

PRIVATE    BILLS. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pensions, 
to  whom  was  referred  the  petition  of  David  N.  Smith,  submitted 
a  report  acctaTijianied  by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  tlic  second  reading. 

Ordered,  That  the  report  be  printeti. 

Mr.  ATCHISON,  from  the  Committee  tin  Indian  Aflairs,  to 
whom  was  referred  the  bill  from  the  House  of  ]{epresentatives"li>r 
the  relief  of  Joseph  and  Lindlcv  Ward,  repurted  it  wilhcmt  amciul- 
ment. 

The  Senate  proceeded  to  consider  said  bill,  as  in  Committee  of 
the  Whole,  and  no  amendment  being  made  it  was  reported  to  the 
.Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 
The  said  bill  was  read  a  third  time  by  unanimous  vonsunt. 
Ursolvt'il.  Thai  it  pass,  aijit  lliat  the  title  thereof  he  as  aforesaid. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives thereof. 


The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  to  compensate  John  M.  Moore, 

The  question  pending  was  upon  the  motion  made  by  Mr. 
BREESE,  at  a  former  day,  to  reconsider  the  vote  by  which  ',he 
amendment  reporteil  from  the  Committee  on  Public  Lands  vas 
agreed  to. 

Mr.  BREESE  withdrew  the  motion  to  reconsider  ;  and  no  further 
amendment  being  made,  the  bill  was  reported  to  the  Senate  and 
the  amendment  was  concurred  in. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Resolved,  That  it  pass,  and  that  the  title  thereof  he  as  aforesaid. 

Ordered,  That  the  Secretary  recjuest  the  concurrence  of  the 
House  of  Representatives  in  said  bill. 

MAP     OF    NEW    MEXICO. 

The  Senate  proceeded  to  consider  the  resrdution  reported  from 
the  Committee  on  Printing,  to  print  the  report  of  the  examiniition 
of  New  Mexico  by  Lieut.  J.  W.  Abert,  of  the  Topographical 
Corps,  together  with  2(100  additional  copies  thereof,  and  the  miip 
accompanying  the  sanje  ;  and  it  was  agreed  to. 

ADVERSE    REPORT    .ADOPTED. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Revolutionary  Claims  in  the  case  of  Maria  C.  Robertson,  and 
in  concurrence  therewith  it  was 

Resoh'cd,  That  the  prayer  of  the  petilioaer  he  denied. 

BARQUE    WILHAMET. 

The  bill  from  the  House  of  Representatives  to  authorize  the  issue 
of  a  register  to  the  barque  Wilhamet,  was  read  the  first  aud  second 
times  by  unanimous  t.-onsent. 

The  Senate  proceeded  to  consider  said  bill,  as  in  Committee  of 
the  Whole,  and  no  amendment  being  made,  it  was  reported  to  the 
Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Resolved,  Thai  this  hill  pass,  and  that  the  tale  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives thereof. 

HOUSE    BILLS  REFERRED. 

The  bill  from  the  House  of  Representatives  to  divide  the  State 
of  Geort'ia  into  two  judicial  districts,  aud  organizing  and  estab- 
lishinof  an  additional  district  court  of  the  United  States,  with  cir- 
cuit court  powers  and  jurisdiction,  was  read  the  first  and  second 
times  by  unanimous  consent,  and  referred  to  the  Committee  on  the 
Judiciary. 

The  bill  from  the  House  of  Representatives  to  change  the  loca- 
tion of  certain  light-houses  and  buoys,  was  read  the  first  and  second 
times  by  unanimous  consent,  and  referred  to  the  Committee  on 
Commerce, 

The  bill  from  the  House  of  Representatives  to  amend  an  act  en- 
titled "jVn  act  in  amendment  of  the  acts  respecting  the  judicial 
system  of  the  United  States,"  was  read  the  first  and  second  time.s 
by  unanimous  coii.seiit,  and  referred  to  the  Coiumittee  on  the  Ju- 
diciary. 

COMPENSATION   TO   MESSENGEltS. 

The  Senate  proceeded  to  consider  the  following  resolution  sub- 
mitted yesterday  by  Mr.  B.\dger  : 

Jietiolred,  That  there  lie  paid  to  e.aoh  of  the  niesseiifjei-.  of  Uie  Senate,  ami  office  of  the 
Secretary  of  the  Senate,  wlio  Inne  not  already  received  it.  the  same  additional  com  ^ 
penstttion  Ihat  was  paid  to  R.  P.  Anderson  and  J.  I.,  t'iuhb,  for  the  second  session  of 
llie  twenty-ninth  Con^'ress, 

Oil  motion  by  Mr.  BADGER,  it  was 
Ordered,  That    it    be  referred  to  the    Committee  on  the  Contin- 
gent K.xpeiiditures  of  the  Senate. 

PRIVATE  BILLS   PASSED. 

The  Senate  resumed  the  consideration,  as  in  Committee  of  the 
Whole,  of  the  bill  for  the  relief  of  Susan  E.  Gordon. 

Mr.  WESTCOTT  explained  the  nature  of  the  amendment  pre- 
viously oilered  by  him,  and  after  a  few  words  in  explanation  by 
Mr.  Mason,  it  was  agreed  to. 

The  bill  was  then  reported  to  the  Senate,  and  the  amendment* 
\rero  concurred  in. 


Febroary  10.] 


THE  TEN  REGIMENT  BILL; 


255 


Ordered,  That  it  be  engrossed  and  read  a  third  time. 
The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Rraolvd.  Tliat  this  bill  pass,  aiicl  that  The  litle  thereof  be  ".\ii  art  for  the  reltsfof 
the  Ip^mI  rPi)rKseiitatives  of  ficorge  Fisher." 

Ordered,  That  the  Secretary  rerincst  the  ■»53eiiri-pnce  fC  t'le 
House  of  Rsprctcntatives  in  this  bill. 

The  bill  for  the  relief  of  Jones  and  Bokor  was  read  the  .second 
time  and  considered  as  in  Committee  of  the  Whole;  and  no  amend- 
ment being  made,  it  was  reported  to  the  .Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Uenotttcd,  That  it  pass,  and  that  the  title  thereof  he  as  atore.aid. 

Ordered.  That  the  Secretary  rctitiest  the  concurrence  of  the 
House  of  Representatives  in  said  Itill. 

INCREASE  OF  THE  MEDICAL  STAFF. 

The  bill  for  an  increase  of  the  medical  staff  of  the  army  for  a 
limited  time,  was  read  the  second  time  and  eon^idored  as  in  Com- 
mittee of  the  Whole;  and  no  amcnclniont  being  made,  it  was  re- 
ported to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  b:ll  was  read  a  third  time  by  unanimous  consent. 

Rts'^lved.  Thar  it  pass,  and  that  the  title  thereof  he  0^  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  said  bill. 

INDHK    RESEHVATIONS. 

The  Senate  proceeded  to  consider,  as  in  Coitimitteo  of  the 
Whole,  the  bill  authorizing  persons  to  whom  reservations  of  land 
have  been  made  uniler  Indian  treaties,  to  alienate  the  same  in  foe. 

The  cjuestion  being  upon  agreeing  to  the  amendment  submitted 
by  Mr.  Hannegan  on  a  former  day,   it  was  read  for  information. 

Mr.  WESTCOTT  suggested  that  as  the  Senator  from  Indiana, 
jovho  had  offered  the  amendment,  was  not  now  in  his  scat,  the  bill 
be  passed  over  informally. 

Mr.  ATCHISON  presumed  there  could  be  no  difficulty  in  re- 
gard to  the  amendment — however,  the  Senator  from  Indiana  was 
now  in  his  scat,  and  could  explain  it. 

Mr.  BREESE  remarked,  that  the  object  of  the  bill  was  to  ob- 
viate the  necessity  of  special  legislation.  By  the  treaty  made  at 
Camp  Tippecanoe  with  the  Pottowatomie  Indians,  sections  of  land 
were  reserved  to  certain  Indians,  after  the  lands  had  been  ceded 
in  bulk  to  the  United  States.  These  Indians  supposed  they  had  an 
estate  in  fee  in  these  lands,  and  by  deeds  approved  by  the  Presi- 
dent of  the  United  States,  sold  theu:  interest  in  their  reserved 
]ands.  It  was  now  understood,  after  careful  inspection  of  the  treaty 
of  1832,  that  the  construction  of  the  terms  employed  did  not  give 
to  these  Indians  an  estate  in  fee  in  those  hinds,  but  an  interest  du- 
ring their  life-time.  The  design  of  the  bill  now  before  the  Senate 
was  to  relinquish  to  the  purchasers  of  these  lands  the  supposed  re- 
served right  of  the  government  of  the  United  States.  There  were 
some  teti  or  fifteen  cases  involved  in  the  matter,  and  in  order  to 
avoid  the  necessity  of  special  legislation,  it  was  thnughl,  that  it 
might  be  proper  to  have  .a  general  law  including  the  whole  sub- 
ject. Congress  had  ne\'er  refused,  when  any  similar  application 
had  been  made,  to  grant  the  relief  now  sought;  and  in  proof  he 
read  an  act  for  the  relief  of  G.  S.  Hubbard  and  others.  Similar 
cases  had  occurred  in  Alabama,  growing  out  of  a  like  treaty,  but 
he  would  not  trouble  the  Senate  by  any  reference  to  them  at  present. 

He  then  sent  to  the  desk  of  the  Secretary  a  letter  from  one  of 
thfe  commissioners  who  had  concluded  the  treaty,  giving  it  as  his 
opinion  that  the  Indians  supposed  they  had  the  lands  in  iee. 

Mr.  HANNEGAN  stated  that  the  amendment  which  he  pro- 
posed  to  the  original  bill,  was  intended  to  meet  eases  under  this 
bill  entirelv,  which  the  bill  did  not.  There  was  a  provision  in  it 
which  required  that  the  deeds  should  be  executed  according  to  the 
laws  of  the  State  in  which  the  lands  were  located.  Compliance 
with  that  provision  was  almost  impossible  on  the  part  of  persons 
residing  at  a  distance  in  Missouri,  Iowa,  and  Kentucky.  In  order 
to  meet  that  and  certain  minor  objections,  he  hid  offered  the 
amendment,  which  covered  the  whole  ground.  In  no  sangle  in- 
•itance  heretofore  had  Conaress  refused  to  pass  s|io>'ial  acts  in 
similar  cases  arising  under  this  treaty.  He  referred  to  former  acts 
of  Congress,  in  l.S3!l  and  1841,  embracing  similar  eases.  He  pre- 
sumed that  the  deeds  in  the  present  case  had  had  the  sanction  of 
the  President,  but  his  approval  of  them  was  made  necessary  before 
the  conveyance  could  be  perfect.  He  prcsuuied  that  there  was  no 
more  danger  of  fraud  than  n  any  other  case  of  purchase  and  sale 
ot  Indian  lands.  The  statement  of  one  of  the  coniinissioners  who 
made  the  treaty  had  just  been  read  to  the  Senate,  and  showed  that 
the  understanding  at  the  time  was,  that  the  reservation  was  made 
in  lavor  of  the  Indians,  as  all  other  individual  reservations  have 
heretofore  been  made,  and  that  they  liad,  therefore,  a  right  to_s(dl 
and  convev,  with  the  sanction  of  the  President.  That  was  all  that 
was  asked  in  this  case.  The  papers  now  before  the  Committee  on 
Indian  Affairs  showed  ineontestibly  that  a  full  and  ample  price  had 
been  paid  for  the  lands  ;  indeed,  from  his  own  knowledge,  he  could 
say  that  for  a  portion  of  them  double  the  value  had  been  paid  in 
money. 


Mr.  B.\DGER  hoped  that  his  friend  from  Indiana  would  not 
understand  him  as  indicating  the  slightest  hostility  to  the  amend- 
ment when  he  suggested  the  propriety  of  the  reference  of  the  bill, 
with  the  proposed  amenment,  to  the  Jiuliciarv  Committee.  The 
statements  of  the  gentleman  from  Indiana,  and  those  also  of  the 
gentleman  from  Illinois,  bad  satisfied  him  that  some  act  of  legis- 
lation in  reference  to  this  luattcr  was  proper  and  necessary.  He 
was  not,  therefore,  opposed  to  the  measure,  but  was  of  opinion 
that  it  should  undergo  the  examination  of  the  committee  of  the 
Senate  supposed  to  be  specially  charged  with  the  legal  proceed- 
ings which  might  be  necessary. 

Mr.  HANNEGAN  explained  that  the  bdl  had  been  referred  to 
the  Committee  on  Indian  Affairs,  and  his  friend  from  Missouri 
(Mr.  Atchison,)  united  with  him,  in  requesting  that  that  com- 
mittee should  be  discharged  from  the  consideration  of  the  subject, 
and  that  it  should  be  referred  to  the  Committee  on  Public  Lands, 
til  which  they  thought  it  propely  belonged.  He  could  not  con- 
ceive that  it  involved  any  ijucstion  requiring  the  examination  of 
the  Judiciary  Committee. 

Mr.  ATCHISON  observed  that  the  Senator  from  Illinois  (Mr. 
Breese,)  had  already  shown  that  Committees  had  in  several  in- 
stances, acted  on  this  subject  in  the  manner  proposed  by  this  bill. 
The  only  question  involved,  was  whether  the  United  States  would 
now  cede  to  the  purchaser  from  the  Indians,  the  reversionary  interest 
which  it  wassupp-^scdthc  United  States  held  in  them  under  the  troa- 
ty.  Upon  the  broad  principle  of  getting  rid  of  the  public  lands,  if  for 
no  other  reason,  he  would  say,give  that  reversionary  interest  to  the 
purchasers.  He  held  thai  in  getting  rid  of  the  public  land,  an  impor- 
tant service  was  rendered  to  the  government  of  the  United  States, 
as  well  as  to  the  State  in  which  the  land  lies,  and  to  private  indi- 
viduals who  became  purchasers. 

Mr.  BADGER  suggested  that  his  friends  on  the  other  side  La- 
bored under  some  misapprehension  as  to  his  object  in  desiring  the 
reference  to  the  Judiciary  Committee.  Although  the  ca.se  had 
been  passed  upon  by  the  Committee  on  Indian  Affairs,  still  there 
tiiighl  be  a  question  remaining  with  regard  to  the  legal  safeguard 
to  be  thrown  around  the  "measure. 

Mr.  HANNEGAN  begged  to  inform  his  friend  from  North  Ca- 
roiina,  that  the  same  guards  precisely,  had  been  interposed  in 
this  case  as  had  existed  almost  contemporaneously  with  the  gov- 
ernment with  regard  In  lands  held  by  individual  reservation. 

Mr.  BADGER  then  withdrew  his  motion. 

The  amendment  was  then  agreed  to,  and  no  further  amendment 
being  made,  the  bill  was  reported  to  the  Senate,  and  the  amend- 
ment was  concurred  in. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Required,  That  it  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  said  bill. 

ten  regiment  mili,. 

The  .Senate  resumed  the  consideration  of  the  bill  to  raise,  for  a 
limited  time,  an  additional  military  force. 

Mr.  UNDERWOOD.— We  have  been  engaged.  Mr.  President, 
in  wars  with  Ensrland,  and  thai  is  the  onlv  foreign  civilized  Chris- 
tian nation,  Mexico  excepteii,  with  which  we  have  been  .so  invol- 
ved. We  have  had  two  wars  with  England,  in  both  of  which  we 
were  contending  for  iireat  principles  ,  upon  which  rest  the  institu- 
tions and  liberties  of  our  country.  The  ^Vmcrican  people  well 
understand  the  principles  for  the  establishment  of  wliich  their 
ancestors  entered  upon  the  war  of  the  revolution.  They  were 
published  to  the  world  in  the  ever  memorable  declaration  of  indc- 
])endence.  The  princiiilcs,  lor  the  defence  of  which  the  war  of 
1812  was  deehn-cd.'sirc  equally  well  understood.  They  were  pro- 
mulgated in  the  pithy  sentence.  '■  free  trade  and  sailors'  rights.'' 
The  people  of  the  United  States  would  not  suffer  Great  Britain, 
by  her  orders  in  council,  to  trammel  or  commit  spoliations  upon 
their  commerce.  Nor  would  they  perinit  their  merchant  vessels 
to  be  arrested  and  entered,  and  our  sailors  impressed  and  made  to 
fight  the  battles  of  England  on  board  British  men-of-war,  or  arm- 
ed vessels.  To  resist  the  praet  ce  of  impressment  and  spoliation, 
we  went  to  war  in  1812.  The  causes  of  these  two  wars  with  out 
mother  country,  and  the  principles  involved,  are  now  matters  of 
history.  I  propose,  Mr.  Presirient,  to  inquire  into  the  principles 
and  causes  of  the  existing  war  with  Mexico.  The  people  of  this 
country  wish  to  know  what  they  are  fighting  for.  and  what  objects 
are  to  be  accomplished. 

In  the  progress  of  this  debate  I  have  witnessed  on  the  part  of 
those  who  sustain  the  administration,  and  especially  on  the  part  of 
the  chairman  ofthe  Committee  on  Fore.gn  Relations,  great  research 
and  much  anxiety  to  find  precedents,  in  the  past  history  of  our 
country,  to  justify  every  act  of  the  President  in  relation  to  the  ex- 
isting war.  I  know  full  well  the  force  of  precedents.  As  indivi- 
duals, we  do  what  our  fathers  have  done  Nations  in  a  single  ac- 
tion may  set  an  example  to  be  followed  through  suecessi™  ajes. 
EegLslative  and  judicial  precedents  become  authority-  Internation- 
al law  is  built  up  or  demolished  by  the  military  action  of  nations- 


256 


THE  TEN  REGIMENT  BILL. 


[Thursday, 


It  is,  thereforCj  of  lasting  consequence  to  us,  to  ascertain  what 
precedents  we  are  establishing  for  our  futura  government.  What 
principles  are  wo  asserting  in  the  face  of  nations  ?  I  look  hack 
with  exultation  upon  the  principles  and  the  actions  of  those  who 
resisted  thf  domineering  cimihiet  and  arbitrary  exactions  of  Great 
Britain.  I  behold  our  ancestors  stru'Tiiling  aijainst  oppression  and 
in  favor  of  liberty  ;  and  in  their  conduct  I  find  a  cheering  example 
for  tlie  imitation  of  the  oppressed  of  all  nations.  In  their  conduct 
I  find  grent  principles  ol  right  and  liberty  vindicated  and  main- 
tained. I  feel  a  thrill  of  gratitude  for  the  blessings  I  enjoy  con.se- 
quent  to  their  sacrifices.  And  now,  in  the  midst  of  our  Mexican 
hostilities,  I  naturally  inquire,  will  our  fhildren  regard  our  war 
with  Mexico,  couipara'ively  weak,  as  having  been  based  upon  the 
same  high  principles  which  ixoverned  our  ancestors  when  they,  be- 
ing weak,  resisted  the  strong  arm  of  British  power?  What  les- 
sons arc  we  teaching  our  children  and  the  world  by  our  policy  to- 
wards Mexico  ?  Are  we  guided  by  the  landmarks  of  liberty  '.  Are 
■we  acting  upon  the  recognized  principles  of  international  law,  or 
are  we  building  U])  a  new  code  by  which  we  are  to  be  governed, 
although  rciectcd  and  condenuicd  by  all  other  nations  ? 

Before  going  into  these  mementous  subjecls,  I  beg  leave  to  call 
the  attention  of  the  Senate  to  the  war  made  upon  the  freedom  of 
speech  by  the  supporters  and  vindicators  of  the  war  against  Mex- 
ico. In  their  belligerent  career  they  denounce  all  those  who  ques. 
tion  the  sagacity  of  the  President,  in  plunging  the  country  into  the 
'  Mexican  war,  as  traitors,  giving  ''aid  and  comfort"  to  the  enemy. 
The  President  himself  set  the  example.  It  has  been  followed  by 
executive  parlisans  with  unparalleled  malignity.  It  has  at  length 
come  to  this,  that  those  who  do  not  agree  with  the  administration 
are  denounced  in  the  executive  organ,  the  Union,  and  other  alTili- 
ated  papers,  in  terms  usually  applied  by  vulgar  wrath  to  the  vilest 
crinuiials.  A  copy  of  the  Union,  now  before  me.  charges  the  mem- 
bers of  Congress  of  both  Houses  with  making  speech  alter  speech 
"against  the  rights  and  honor  of  the  country,"  and  publishes  the 
opinions  of  officers  and  soldiers  in  the  army,  to  prove  that  "  the 
course  of  the  opposition  in  regard  to  the  war  has  had  the  indispu- 
table efl'ect  of  cheermg  the  enemy  and  prolonging  the  war."  Gen. 
Pearec  is  represented  as  declaring  in  a  public  speech,  that  ex- 
tracts from  American  papers  republished  in  Mexicr,  constituted 
"  the  food  which  fed  the  ferocity  that  pursued  the  army  at  every 
turn  and  caused  the  butehenng  of  every  soldier  who  fell  into  their 
(Mexican)  hands."  Under  the  head  of  "  more  just  indignalion," 
we  are  informed  by  the  Union  that  a  correspondent  of  the  Pennsylva- 
nian,  writing  from  the  city  of  Mexico  relative  to  the  republication  at 
that  place,  of  the  speech  of  a  distinguished  member  of  this  Sen- 
ate, declares  that  ''the  array  here  [in  Mexico]  arc  deeply  incensed 
by  such  a  display  of  selfish  party  ambition,  sacrificing  truth,  prin- 
ciple, country,  and  his  conntryraen.  all  to  his  overweening  desire 
for  place,"  and  adds,  ''the  execrations  against  him  are  deep  and 
bitter,  and  the"  words  villain,  traitor,  are  in  every  mouth."  But  it 
is  needless  to  dwell  upon  charges  like  these,  made  against  mem- 
bers of  Confrress.  They  are  varied,  and  multiplied,  and  issued, 
daily  from  the  administration  press,  as  if  the  design  w.as  to  stifle 
investigation,  and  to  restrain  the  liberty  of  speech  by  denunciation 
and  abuse.  It  is  an  evil  omen,  when  the  officers  and  soldiers  of 
the  army  begin  to  charge  legislators  with  villiany  and  treason. — 
When  the  army,  only,  is  pure,  and  contains  all  the  patriotism  in 
the  Iffnd,  their  denunciations  may  possibly  be  succeeded  bv  clear- 
ing the  halls  of  legislation  with  the  bayonet.  Cromwell  and  Na- 
poleon knew  how  to  denounce  and  subvert  legislatures.  Washing- 
ton, had  he  allowed  the  Newburg  letters  to  operate  upon  him, 
might  have  marched  to  the  glorions  eonlinental  Congress  of  the 
Revolution,  and  ended  their  deliberations  by  a  band  of  soldiers. — 
The  amendment  of  my  colleague  (Mr.  Critte.nte.v)  proposing 
to  substitute  volunteers  in  the  place  of  regulars,  has  been  voted 
down,  mainly  upon  the  ground,  if  I  can  judge  from  the  debate, 
that  the  volunteer  had  attachments  to  home  and  country,  that  he 
had  business  to  pursue,  and  that  he  had  a  personal  worth,  a  pride 
of  character,  which  would  not  allow  him  to  become  a  mere  ma- 
chine Remember,  if  you  pass  this  bill,  the  ranks  are  to  be  filled 
with  men  who  have  no  place  in  the  business  affairs  of  life,  and  who 
have  no  lies  to  bring  them  back  from  Mexico.  Snch  were  the  ar- 
guments in  favor  of  regulars,  rather  than  vo'untecrs.  Such  sol- 
diers would  be  machines,  under  such  Generals  as  Cromwell  and 
Naptdeon;  and,  although  there  may  be  no  danger,  during  the  con- 
tinuance of  the  present  generation,  that  a  successful  commander 
in  war  will  totally  revolutionize  the  government  of  the  United 
Slates,  yet  an  army  composed  of  the  materials  which  the  friends 
of  the  administration  seem  to  p;clcr,  might  be  induced  to  place 
their  commander  on  a  throne,  provided  he  introduced  into  his  poli- 
cy a  new  feudal  system ,  and  divide.l  out  the  lands  of  Mexico  among 
his  supporters.  What(^ver  the  army  may  do  in  the  progress  of 
evcnls,  I  hope  thai  the  body  of  the  Amer'ii-an  people  have  not  for- 
gotten the  maxims  that  the  military  should  be  subordinate  to  the 
civil  power  of  iho  Stale,  and  that  large  standing  armies  are  dan 
gerous  to  liberty.  I  shall  proceed  to  express  my  opinions  of  the 
principles  and  tendencies  of  the  existing  war,  regardless  of  antici- 
pated denunciations. 

There  is  an<ither  preliminary  remark  I  desire  to  make.  We 
have  been  in  substance  told,  here  as  elsewhere,  that  those  who 
object  to  the  conduct  of  the  President  in  referrencc  to  the  war. 
and  speak  and  write  in  opposition  li;  the  principles  and  actions  of 
the  Executive,  whil.st  they  manifest  their  own  factious  tempers, 
are  disgiacing  the  character  of  tlic  country,  and  bringing  upon 
themselves  the  odium  which  attached  to  the  lories  of  the  Revolu- 
tion.    Denunciations  like  these  usually  come  from  persons  having 


a  personal  interest  in  the  pro.secution  of  the  war,  or  a  party  inter- 
est to  subserve.  Those  who  feel  the  interests  of  party  are  such  as 
have  to  a  great  exten'  the  responsibility  of  beginning  the  war  on 
their  shoulders  With  these  it  is  nothing  more  than  a  political 
mancruvre,  to  endeavor  to  identify  thftmselves  with  the  hon  rand 
glorv  of  the  country,  and  to  produce  the  impression  that  those  who 
oppose  them  and  their  measures,  are  tarnishing  the  character  and 
bringing  disgrace  upon  the  country.  Such  selfish  trickery  is  too 
thinly  veiled  to  hide  itself  from  an  intelligent  and  diseerniug  pub- 
lie.  The  manner  in  which  this  war  commenced,  can  reflect  nei- 
ther honor,  nor  disgrace,  upon  the  great  body  of  the  people  of 
the  United  States,  for  the  most  obvious  rc.a.sons.  They  were 
not  consulted  upon  the  subject.  The  President  did  not  even 
consult  the  representatives  of  the  people  until  after  the  battles  of 
Palo  Alto  and  Resaca  de  la  Palma.  The  Congress  which  recog- 
nized the  existence  of  the  war,  had  not  been  elected  by  the  people 
with  any  expectation  that  their  representatives  would  be  called  on 
to  decide  a  qnestion  of  peace  or  war.  But  even  if  every  member 
had  come  with  instructions  from  his  constituents,  no  o(iportunity 
was  aHorded  to  express  the  jiopular  will  before  two  bloocfy  battle- 
were  fought.  The  message  of  the  President  to  Congress,  which 
may  be  denominated  his  war  message,  is  ilated  and  was  delivered 
on  the  11th  of  May,  l84(i' — only  three  days  after  the  battle  of 
Palo  Alto,  of  which  the  President  had  not  heard,  at  that 
time.  Two  days  after,  to  wit,  on  the  13th  of  May,  the  act 
of  Congress,  recognizing  the  existence  of  a  state  of  war, 
with  Mexico  and  providing  means  to  prosecute  it,  was  approved. 
Now,  sir,  I  assert  that  the  people  at  large  took  no  part  in  produ- 
cing these  momentous  events^  and  that  their  character  neither 
shines  with  increased  splendor  nor  is  tarnished  in  consequence  of 
them.  But  the  character  of  the  peojile  may  and  will  become  con- 
nected with  the  future  conduct  of  this  war,  just  so  far  as  they  have 
ability  to  control  its  results  and  just  in  proportion  ,as  they  adopt 
sound  and  honest  principles  and  constrain  their  public  servants  to 
act  in  conformity  with  thera.  In  a  republic,  Mr.  President,  the 
people  may  often  be  deceived  by  the  mistakes  or  wickedness  of 
their  ollieers.  The  people  may  be  misled  bv  ignorance  or  fraud. 
But  these  things  do  not  allect  ihe  moral  character  of  the  people. 
They  only  operate  upon  the  public  functionary,  who,  from  sinister 
motives  of  gain  or  ambition,  sncrifices  the  general  welfare  for  his 
own  emolument,  and  then  attempts  to  hide  his  own  disgrace  by 
persuailing  the  people  that  his  disgrace  is  theirs,  and  that  their 
character  is  idcnlified  with  his.  In  my  judgment,  the  character  of 
the  American  peojile  is  deeply  concerned  in  making  a  thorough  in- 
vestigation of  the  princijiles,  and  objects,  of  this  war  and  in  bring- 
ing their  servants,  executive  and  legislative,  to  act  in  regard  to  it 
upon  the  basis  of  justice.  Let  the  people  do  that,  and  ihey  will 
exalt  their  national  character,  and  they  will  become  the  admiration 
of  the  world.  If  they  fail  to  do  it,  ultimate  disgrace  inevitably 
awaits  thera.  In  the  hope  that  I  may  aid  in  the  popular  investiga- 
tions which  are  now  in  progress,  I  shall  proceed  to  notice  the  gen- 
eral grounds  upon  which  the  war  is  vindicated,  present  my  objec- 
tions to  the  conduct  of  the  President  as  to  the  manner  in  which  he 
has  involved  his  country  in  the  diirieultics  which  surround  us,  and 
conclude  by  a  word  of  advice  for  extricating  ourselves. 

Upon  this  floor,  and  in  the  course  of  this  debate,  much  1  ai  been 
said  bv  Senators  who  sustain  the  President,  the  tendency  of  which 
is  to  render  the  public  mind  familiar  with  the  idea  that  the  annex- 
ation of  all  Mexico  to  our  country,  if  not  a  positive  blessing,  would 
at  least  be  productive  of  no  very  great  evil.  Indeed,  one  of  the 
Senators  from  the  great  State  of  New  York  has  submitted  r'so- 
lulions,  in  one  of  which  it  is  declared  : 

"  TImt  tnie  [Kilicy  reiiuire^  the  ^'Overnnient  of  tlie  tjiiited  Slates  to  strengthen  iu 
political  and  commercial  relations  upon  this  conliKcnl,  hv  the  ann.^xation  ot'su(;hion 
lifrnons  territory,  as  may  conduce  lo  Ihat  end  anil  can  he  Justly  ohtaincd." 

The  President,  in  his  message  delivered  at  the  commencement 
of  our  session,  told  us  that  : 

"  The  houndary  of  the  Rio  tirande.  and  the  cession  to  the  United  States,,  of  New 
M'xico.  and  Upi»er  California,  constituted  an  ultiinalnin,  which  our  cODimissioilcr  wa  s 
under  no  circumstances  to  yield."' 

He  further  told  us,  in  the  same  message,  tljnt  : 

"  As  the  territory  10  be  acquired  by  the  boundary  pro|i9sed  miyhl  he  estimated  lo  be 
of  creater  value  than  a  fair  equivalent  for  our  just  demands,  our  commissioner  wits 
.intiiorized  to  stipulate  for  the  jtaynient  of  such  additional  pecuniary  consideration  as 
was  deem-d  advisable." 

Put  these  sentences  together  and  they  amount  to  a  distinct  avowo  1 
that  the  President  will  not  make  peace  unless  he  can  get  from 
Mexico  more  territory  than  is  siillicient  to  pay  our  ''just  demands.'' 
It  necessarily  follows  that  he  intends  lo  cimtinuo  the  war,  with  a 
view  to  force  the  adoption  of  his  ultimatum  by  Mexico,  and  thereby 
to  obtain  from  her  lerritory  of  "greater  value  iban  a  fair  equiva. 
lent  for  our  just  ilcmands."  My  ideas  of  justice  have  long  taught 
me  to  believe,  ihat  when  an  individual  lU"  a  mition  was  willing  to 
give  up  as  much  bind.-or  territory,  as  was  sulficient  to  pay  all  just 
debts,  the  creditor  should  be  .satisfied.  But  here,  f.om  the  chief 
magistrate  of  this  great  and  powerful  nation  of  ours,  we  have  a 
rule  laid  down  and  prescribed  to  weak  ami  I'cebic  Mexico,  which 
in  substance  declares,  that  we  will  whip  her  until  she  surrenders  a 
certain  boundary  of  land,  although  it  is  more  than  enough  to  pay 
all  onr  "just  demands."  Hul  ihe  President  proposes  lo  p;iy  for  all 
begets  ov(M"  a  "'fair  ei)iiiv:ilent."  What  would  be  thought  of  a 
creditor's  morality  and  sense  of  justice,  whose  appetite  for  annexa- 
tion was  so  strong,  that  a  slip  suflieieut  to  pay  the  debt,  leaving 
the  dwelling  house  and  curtilage,  lo  the  debtor,  should  not  bo  sat- 
isfied until  he  "swallowed"  the  whole  |  lantation?     Now,  sir,  con- 


February  10.] 


THE  TEN  REGIMENT  BILL. 


257 


sider  the  debates  here,  look  at  the  resohitions  offered  by  the  Sena- 
tors from  New  York  and  Indiana,  weigh  well  the  contents  of  the 
President's  message,  and  do  not  forget  the  resolutions  of  mass 
meetmgs,  newspaper  essays  and  paragraphs,  openly  advocating, 
not  only  the  annexation  of  the  whole  of  Mexico,  but  the  whole  oi" 
North  and  South  America  which  does  not  already  belong  to  us, 
and  then  you  must  perceive  the  necessity  of  an  appeal  to  the  people 
of  the  United  States,  imploring  them  to  pause  and  reflect,  where 
they  are  going,  and  by  what  principles  they  are  impelled. 

What  do  wo  want  with  more  territory,  either  for  a  political  or 
commercial  object  ?  The  whole  of  Europe  contains  but  3,000,000 
square  miles,  running  up  to  the  uninhabitabla  frozen  regions  of 
the  Arctic  Ocean.  The  United  States  with  Texas  proper,  con- 
tains 2,500,000  square  miles.  With  New  California  and  New 
Mexico  added,  we  shall  have  more  than  3,000,000  square  miles. 
Is  it  a  sentiment  of  vanity  which  induces  us  to  enlarge  our  domin- 
ion over  the  unexplored  wilderness  of  California  ?  Or  do  we  want 
it  because  it  will  add  to  our  power  hereafter,  and  thereby  make  us 
more  formidable  in  the  eyes  of  the  world,  as  a  military  people  ?  In 
my  opinion,  we  already  possess  more  of  the  elements  of  national 
power  than  all  Euro]>e  combined.  Inhabiting  more  favored  lati- 
tudes, wo  produce  every  thing  necessary  for  the  comfort  of  man, 
in  food,  raiment,  and  shelter.  There  are  but  few  luxuries  which 
may  not  be  abundantly  raised  in  some  of  our  various  climates  be- 
tween the  twenty-tilth  and  forty-ninth  parallels  of  latitude,  extend- 
ing from  the  capes  of  Florida  in  the  south,  to  the  sources  of  tho 
Mississippi  river  in  the  north.  Cotton,  flax,  hemp,  wool,  and  we 
niay  add,  silk,  can  be  produced  in  sufficient  quantities,  not  only  to 
clothe  our  own  people,  but  to  supply  the  markets  of  the  world. 
Sugar,  rice,  and  almost  every  tropical  fruit,  can  be  raised  in  our 
southern  possessions,  more  than  sufficient  to  supply  the  domestic 
market.  In  grain  and  meat  of  every  kind,  we  can  feed  our  own 
people,  and  afford  a  large  surplus  to  any  nation  that  wants  it.  We 
nave  inexhaustible  mines  of  iron,  coal,  copper,  and  lead.  Our  forests 
abound  in  the  finest  timber  in  the  world.  We  even  possess  mines  of 
gold  that  we  may  work,  without  coveting  the  mines  of  Mexico  All 
that  we  need  is,  to  develop  tho  resources  of  these  rich  possessions, 
and  to  convert,  by  art,  the  treasures  of  nature  to  the  use  of  man. 
In  peace  we  were  doing  it  with  a  rapidity  which  astonished  the 
world.  We  were  not  content  to  "go  ahead"  by  steam  power 
alone.  Our  forward  movement  was  propelled  bv  steam  and  light- 
ning combined.  We  have  alrady  attained  that  degree  of  strength 
which  would  enable  us  to  make  successful  defence  against  the  world 
in  arms.  With  bays,  lakes  and  rivers,  canals  and  rail-roads,  for  all 
purposes  of  intercommunication  and  trade,  now  affording  great  fa- 
cilities, but  nothing  like  equal  to  the  wants  of  our  people,  with 
manufactures  growing,  with  commerce,  internal  and  foreign,  extend- 
ing ;  with  all  these  sources  of  comfort  and  enjoyment,  and  with  the 
certain  prospect  of  their  enlargement  to  an  indefinite  extent,  why 
need  we  covet  the  possessions  ol  other  nations?  Sir,  it  is  a  mistake, 
a  great  mistake,  to  suppose  that  we  shall  strengthen  ourselves  by 
the  extension  of  our  jurisdiction  over  Mexico.  It  will  weaken  us. 
It  will  inoculate  our  system  with  a  poison  which  may  result  in  our 
political  dissolution,  and  the  death  of  our  liberty.  It  will  certainly 
be  attended  with  avast  expenditure  of  money  for  a  long  time  to 
come — how  long,  no  man  can  tell.  We  shall  be  compelled  to  keep 
large  standing  armies  there,  to  prevent  insurrections  and  rebel- 
lions. The  money  expended  will  be  a  great  loss  to  us,  but  the 
valuable  lives  sacrificed  under  the  influence  of  the  climate,  change 
of  food,  and  other  causes,  will  bo  still  greater.  There  is  a  vanity 
among  men  which  induces  each  of  them,  too  often,  to  believe  tha't 
he  can  direct  and  manage,  not  only  his  own  affairs,  but  the  busi- 
ness of  all  his  neighbors,  much  better  than  they  can.  We  over- 
estimate our  own  powers  and  ability,  when  we  suppose  that  we 
can  excel  in  every  pursuit  of  life,  and  carry  them  all  on  at  the 
same  time'.  There  is  a  limit  to  the  physical  "and  intellectual  facul- 
ties and  ability  of  our  species.  We  cannot  attend  individually  to 
every  thing.  There  is  also  a  limit  to  the  powers  and  capacity  of 
government.  No  one  government,  unless  it  be  that  of  an  absolute 
despot,  governing  by  subordinates  the  districts  assigned  them,  can 
comprehend  and  superintend  the  various  concerns  of  all  the  people 
of  the  earth.  It  is  just  as  essential  that  there  should  exist  differ- 
ent political  and  civil  associations  and  governments,  as  that  there 
should  be  different  and  separate  families  and  households  among  the 
people  living  under  any  one  government.  The  past  history  of  our 
race  exhibits  the  folly  of  grasping  at  universal  empire. 

*'  Rome,  Rome  thou  art  no  more- 
As  tliou  liast  been," 

may  be  sung,  as  well  of  other  cities  and  dominions.  Even  the 
classic  language  of  her  orators  and  poets  of  the  Augustan  age  is 
dead.  The  liberties  and  laws  of  republican  Rome  perished  imder 
the  fatal  influences  and  policy  generated  bv  the  enlargement  and 
extension  of  her  empire.  Shall  we  find  no  warning  in"  her  exam- 
ple ?  Can  we  legislate  soundly  or  safely  for  a  heterogeneous  na- 
tion, composed  of  Anglo-Saxons,  Aztecs,  Negroes,  and  Spaniards, 
of  every  degree  ?  Shall  we  have  interpreters  in  this  and  the  other 
house  of  Congress,  when  Senators  and  Representatrvcs  arrive  from 
the  State  of  Yucatan,  and  twenty  other  States  now  constitutin"- 
the  territory  ot  Mexico  ?  Can  we  hear  all  their  petitions,  and 
legislate  on  all  their  affairs  ?  Can  one  Supreme  Court  decide  all 
their  causes  brought  up  lor  adjudication  ?  What  son  of  presiden- 
tial elections  shall  wo  have,  when  the  whole,  or  even  the  half  of 
Mexico  IS  annexed  ?  What  will  the  voter  in  Oa.xaca  know  of  the 
character  and  qualifications  of  the  candidate  residiniT  in  New  York 
or  Massachusetts  ?     I  might  add,  what  will  he  care"! 

30th  Cong.— 1st  Session.— No.  33. 


Our  true  glory,  it  seems  to  me,  will  be  best  promoted  by  throw- 
ing away  ambition,  "  'Twas  by  that  sin  that  angel's  fell.''  Let 
us  develope  all  the  resources  and  advantages  to  be  found  in  eur  al- 
ready vast  country.  Let  us  cultivate  the  arts  of  peace,  and  seek 
not  the  subjugation  and  annexation  by  war  and  conquest,  of  any 
part  of  Mexico. 

But  the  rich  productions  of  Mexican  mines,  and  forests,  and  fields 
we  are  told,  would  enrich  our  commerce,  and  enlarge  our  reve- 
nues, and  therefore,  we  should  favor  annexation.  If  peace  and 
amity  can  be  restored,  and  commercial  .arrangements  made  if  in- 
tercourse and  trade  can  be  placed  upon  a  footing,  mutually  advan- 
tageous, it  is  difficult  to  perceive  why  we  cannot  derive  as  much 
profit  in  trading  with  Mexico  as  a  separate  and  independent  peo- 
ple, as  we  could  when  united.  I  have  looked  into  the  tables  ex- 
hibiting the  amount  of  our  import  and  export  trade,  with  her,  for 
a  series  of  years,  and  I  find  it  has  been  too  inconsiderable,  at  its 
most  prosperous  periods,  to  make  annexation  an  object,  with  a 
view  to  enlarge  our  commerce  with  her.  For  a  period  of  nine 
years,  prior  to,  and  including  1833,  our  imports  from  Mexico,  on 
an  average,  amounted  to  $4,798,054.  per  annum,  and  our  exports 
to  $4,670,375,  annually.  The  next  twelve  j-ears  after  that  pe- 
riod, our  imports  have  averaged  a  little  more  than  five  millions, 
annually,  and  our  e.xports  a  little  upwards  of  four  millions  annu- 
ally. During  the  year  ending  on  the  30th  June,  1845,  beinc  the 
last  prior  to  the  commencement  of  hostilities,  the  trade  had  de- 
clined so  much,  that  out  exports  to  Mexico  only  amounted  to 
SI. 152,331,  and  of  this  amount,  there  was  $368jl77,  in  foreign 
merchandize,  leaving  but  $784,154,  of  domestic  produce  exported. 
Our  imports  from  Mexico  during  the  same  year,  were  to  the  value 
of  $1,702-936.  The  tables  thus  show,  that  for  a  period  of  more 
than  twenty  years,  the  average  of  exports  and  imports,  did  not  ex- 
ceed $5,000,000  each,  per  annum.  Now,  it  is  the  profit  on  this 
limited  trade,  and  the  prospect  of  enlarging  it  by  annexation,  that 
arc  held  out,  as  motives  to  influence  us.  It  is  manifest,  that  if  the 
whole  amount  was  a  clear  gain,  it  would  not  pay  the  fourth  part  of 
the  expense  of  prosecuting  the  war  one  year.  As  to  the  addition- 
al revenue  we  might  derive  from  annexation,  if  we  conld  obtain 
any,  it  would  bo  more  than  absorbed  by  the  increased  expenditure 
in  governing  the  countr3'. 

The  next  point  I  sholl  despatch  in  a  few  words.  It  is,  that  we 
must  take  Mexico,  the  whole  of  it,  to  prevent  its  falling  into  the 
hands  of  England  or  France,  and  the  establishment  of  a  monarchy 
by  one  of  them.  I  have  seen  no  evidence  that  cither  of  these  "-ov- 
ernments  want  Mexico.  It  is  the  same  story  which  used  to  bo 
applied  to  Texas.  May  we  not  wait  until  there  is  some  palpable 
demonstration,  on  the  part  of  one  or  both  of  these  governments 
to  annex  Mexico,  and  then  tell  them  it  shall  not  be'done  ?  The 
reasoning  which  justifies  us  in  seizing  Mexico,  to  prevent  England 
or  France  doing  it,  reminds  me  of  a  story,  with  which  I  shall  con- 
clude all  I  have  to  say  on  this  head.  Two  persons  were  passint' 
a  farm,  one  bright  moon  shining  night,  and  saw  a  fine  turkey  roosi^ 
ing  on  the  fence.  They  deliberated  for  some  time  in  great  doubt 
as  to  the  propriety  of  taking  it,  one  of  them  regarding  it  as  a  vio- 
lation of  conscience  to  do  so.  He  at  length  got  over  all  his  diffi- 
culties, being  assured  by  his  companion,  that  he  knew  two 
rogues  who  were  to  pjss  that  way.  one  of  whom  would  certainly 
take  the  turkey,  if  they  did  not.  Under  such  reasoning  the  farmer 
lost  his  turkey.  The  mass  of  the  people  will  understand,  and  ap- 
ply the  moral  of  the  story. 

But  it  is  alleged  to  be  our  "manifest  destiny"  to  overrun  all 
this  continent  with  the  Anglo. Saxon  race,  and  to  extend  the  ''area 
ol  freedom,'' and  the  liberty  of  conscience.  If  these  words  mean 
anything,  they  amount  to  this,  that  we  are  driven  by  some  law  of 
necessity — some  decree  of  the  Almighty — to  overturn  the  civil  and 
religious  institutions  of  all  other  nations  on  this  continent,  and  to 
build  up  in  their  place  just  such  systems  as  our  own,  or  such  as  wo 
may  prescribe.  If  God  has  chosen  us  for  any  such  purpose,  and  to 
accomplish  it  by  force  of  arras,  the  revelation  has  not  been  made 
to  me.  I  have  no  faith  in  the  doctnnes  of  any  modern  Peter  the 
Hermit,  who  preaches  propagandisra  by  fire  and  sword.  I  am 
unwilling  to  enter  upon  military  crusades  with  a  view  to  teach  our 
politics  or  religion  to  the  other  nations  of  the  earth.  Christianity 
or  perhaps  more  properly  speaking,  the  professors  of  Christianity 
have,  as  I  think,  been  signally  rebuked  by  Providence  in  their  wars 
to  arrest  the  "Holy  Land"  from  the  dominion  of  the  followers  of 
Mahomet.  Sir,  it  is  not  in  ihe  nature  of  man  to  be  taught  true 
religion  or  the  true  principles  of  civil  liberty  and  republican  o-ov- 
ernment  at  the  point  of  the  bayonet.  A  state  of  war  rouses  every 
angry  passion,  and  vindictive  feeling  against  an  invader.  There 
is  an  instinctive  resentment  against  those  who  attempt  to  compel 
us  to  adopt  their  creeds  by  force.  Hence  it  is,  that  no  cause  can 
progress  under  teachers  who  undertake  to  produce  conviction  by 
the  sword,  and  who  kill  the  body  for  the  sin  of  unbelief.  Persecu- 
tion never  did,  and  never  will  benefit  the  persecutor.  It  may  ena- 
ble the  persecuted  to  rise  upon  a  tide  of  sympathy,  excited  in  I  heir 
behalf.  I  am  a  protestant  in  politics  and  in  religion.  I  do  not 
believe  that  we  can  find  infallability  on  earth,  either  in  church  or 
State.  I  hope  that  the  spread  of  the  Christian  religion  over  the 
earth  will  accomplish  great  things  for  the  amelioration  of  our 
race.  I  exult  in  the  moral  influences,  which  the  thirty-four  Theo- 
locical  Seminaries,  and  their  hundred  and  one  professors,  the  thirty- 
one  thousand  seven  hundred  and  sixty-four  preachers  of  the  Gospel, 
and  the  three  millions  three  hmidred  and  ninety-four  thousand  one 
hundred  and  forty  communicants  of  Protestant  churches  in  the 
United  States,  according  to  the  latest  returns,  are  spreaduig 
throughout  our  land  and   nation.     This  estimate  does  not  include 


258 


'THE  TEN  REGIMENT  BILL. 


[Thursday, 


Quakers  nor  Catholics,  among  whom  there  are  additional  hundreds 
of  thousands,  who  inculcate  eveiy  virtue,  and  enjuiii  I'nc  practice 
of  the  commandments  delivered  to  Moses.  11' these  Christian  peo- 
ple desire  the  extension  of  civil  and  religious  liberty,  and  if  they 
would  accomplish  their  desires,  they  must  work  like  their  Divine 
Head  and  Master  did.  They  must  persuade,  and  not  attempt  to 
drive.  They  must  make  impressions  upon  the  understandings  and 
hearts  of  other  nations  by  the  weapons  of  reason  and  love.  I  ad- 
mit "the  rapture  of  the  strife"  on  a  battle-lield,  but  it  is  only  the 
essence  of  the  glory  of  this  world,  and  not  of  Heaven.  It  creates 
the  hero  to  be  admired,  and  not  the  sage  to  be  beloved.  The  ap- 
propriate business  of  the  one  is  to  sack  cities  and  devastate  coun- 
tries, waste,  and  consume,  the  substance  of  a  conquered  people,  and 
leave  women  and  children  to  starve  amidst  the  carnage,  and  death 
of  their  husbands,  sons,  and  brothers.  The  business  of  the  other 
is  to  build  up  cities,  to  improve  countries,  and  to  bring  the  bless- 
ings of  peace  and  plenty,  of  intellectual  and  religious,  and  social 
joy,  to  the  happy  homes  of  a  numerous  population.  I  had  hoped 
that  if  we  were  the  children  of  destiny,  that  our  fatalism  would  be 
developed  in  spreading  Christianity  and  popular  government  over 
the  world  through  the  instrumentality  of  a  bright  and  peaceful  ex- 
ample, one  of  universal  toleralion  in  matters  of  opinion,  and  in 
which  reason  and  persuasion  would  take  the  place  of  bigotry  and 
the  stake.  But,  sir,  I  am  no  fatalist.  My  faith  is,  that  God  hath 
set  good  and  evil  before  us,  and  endowed  us  with  free  will  to 
choose  between  them.  Our  faculties  are  capable  of  guiding  us 
aright,  if  we  will  but  make  a  proper  use  of  themj  and  we  sin  in 
the  sight  of  Heaven,  if  we  do  not  so  u.se  them. 

The  defenders  of  the  administration  contend  that  Mexico  was 
preparing  to  invade  our  territory,  and  to  make  war;  and,  there- 
fore, they  insist,  we  had  the  right  upon  the  principle  of  self-defence 
to  strike  the  first  blow.  I  admit  that  individuals  and  nations  when 
they  perceive  an  enemy  about  to  strike,  are  not  bound  to  wait  and 
receive  the  blow,  but  ni.iy  commence  in  order  to  ward  off  the  in- 
jury by  disabhng  the  enemy.  To  show  that  Mexico  intended  to 
make  war  on  us,  the  withdrawal  of  her  minister,  after  the  resolu- 
tions for  the  annexation  of  Texas  were  adopted  by  Congress,  and 
the  lieated  remarks  of  Mexican  officers  are  referred  to.  Among 
others,  a  publication  made  by  Garcia  Conde  at  the  head  of  the 
office  of  war  and  marine  in  Mexico,  dated  July  12,  1845,  has  been 
made  to  cut  a  conspicuous  figure,  in  which  he  says,  speaking  of 
the  annexation  of  Texas.  "The  injustice  of  that  usurpation  is 
apparent,  and  Mexico  cannot  tolerate  such  a  grave  injury  without 
making  an  effort  to  prove  to  the  United  States  the  possibility  of  her 
ability  to  cause  her  rights  to  be  respected.  With  this  object,  the 
supreme  government  has  resolved  upon  a  declaration  of  war  against 
that  power."  Yet  the  "  supreme  government"  took  good  care  to 
make  no  such  declaration.  Mexican  officers  have  been  guilty  of 
perpetrating  threats  against  and  r.buse  of  the  United  States,  to  an 
unlimited  and  immeasurable  extent,  I  have  no  doubt.  They  speak 
to  (latter  the  prejudices  of  their  people,  pretty  much  after  some  of 
our  high  patterns.  While  we  were  claiming  the  whole  of  Oregon 
by  positive  assertions  of  our  right,  and  whilst  political  chivalry 
was  threatening  to  shed  its  last  drop  for  54''  40',  Mexico  was 
equally  vociferous  for  the  whole  of  Texas.  Silly  children  may  be 
frightened  by  gasconade — sensible  men,  never.  Cowards  crow 
tremendously,  like  fowls  without  game  blood,  so  long  as  tliCrc  is  a 
fence  between  them;  but  bring  them  into  the  ring,  and  they  raise 
their  hack  and  back  out.  Sir,  it  has  amused  me,  to  see  with  what 
avidity  we  catch  the  hostile  declarations  of  Mexicans  and  publish 
them  to  the  country  as  a  justification  to  the  President  for  begm- 
ning  this  war.  The  friends  of  the  administration  may  have  it,  if 
they  please,  that  every  man,  woman,  and  child  in  Mexico  had  ta- 
ken the  oath  of  Hannibal,  the  oath  of  eternal  vengeance  against  us, 
and  that  they  were  making  the  most  active  preparations  to  march 
large  armies  not  only  into  Texas,  but  into  the  very  "  vitals"  of 
the  United  States;  and  that  the  President  was  perfectly  informed 
of  all  their  movements;  and  still  the  President  is  totally  without 
justification  for  his  conduct,  in  my  opinion.  If  all  these  things 
had  been  true,  in  their  most  aggravated  and  offensive  manner,  as 
soon  as  they  came  to  the  knowledge  of  the  President,  it  was  his 
duty,  under  that  clause  of  the  constitution  which  says,  "  he  shall 
from  time  to  time  give  to  the  congress  information  of  the  state  of 
the  Union,  and  recommend  to  their  consideration  such  measures  as 
he  shall  judge  necess'ary  and  expedient,"  to  have  laid  the  whole 
before  the  representatives  of  the  people,  and  to  call  upon  the  con- 
gress— the  war  declaring  power  of  our  government — to  act  in  the 
premises.  But  instead  of  doing  so  the  President,  on  the  13th 
cf  January,  lS4(i,  without  consulting  Congress,  which  was  then  in 
session,  orders  General  Taylor  to  leave  his  position  at  Corpus 
Christi,  where  he  remained  unmolested  >ith  his  army  for  months, 
and  to  establish  himself  upon  the  left  bank  of  the  Kio  Bravo  or 
Rio  Grande.  On  the  8th  of  March,  1846,  General  Taylor  began 
breaking  up  his  camp  at  Corpus  Christi;  and  on  the  2.Sth  of  that 
month  a  Hag  sti.lf  was  erected  opposite  Matamoras;  "  and  soon 
the  Hag  of  our  country,  a  virgin  one,  (says  Capt.  Henry  in  his 
campaign  sketches,  page  6(i,)  was  seen  Uoating  upon  the  banks 
of  the  Kio  Grande,  pDclainiing  in  a  silent  but  impressive  manner 
that  the  "  area  of  freedom"  was  again  extended."  The  bravo 
captain,  in  adinirntiou  of  this  event,  says  on  the  same  page,  "  there 
was  not  ceremony  enough  in  raising  it,  (the  Hag.)  The  troops 
should  have  been  paraded  under  arms — the  banner  of  our  country 
should  have  been  hoisted  with  pairiotic  strains  of  music,  and  a  na- 
tion^il  salute  should  have  proidalmed  in  tones  of  thunder  that, 
"  Liberty  and  union,  now  and  forever,  one  and  inseparable,"  had 
advanood  to  the  banks  of  the   Ilio  Grande."     Well,  sir,  there  ii 


something  of  glorification  in  all  this;  but  to  the  calm  observer, 
it  is  the  mvasion  of  territory  held  and  claimed  by  a  foreign  nation. 
It  is  an  act  of  war,  made  by  the  President  of  the  United  States — 
by  the  one  man  power — without  consulting  Congress;  and  is  there- 
fore a  palpable  violation  of  the  constitution.  If  sanctioned  by  the 
people,  then  are  wc  ready  to  tolerate  any  usurpation,  and  to  bow 
our  necks  to  receive  the  yoke. 

It  is  impossible  for  the  President  and  his  supporters  to  escape 
one  of  two  alternatives.  He  either  knew  at  the  time  General  Tay- 
lor was  ordered  in  January  to  the  Rio  Grande,  that  the  Mexican 
authorities  and  office  s  were  in  earnest  in  their  hostile  declarations, 
and  were  preparing  for  the  execution  of  them,  or  had  reasonable 
grounds  to  believe  there  was  danger  from  Mexican  threats  and  pre- 
parations, or  he  had  no  knowledce  or  belief  that  any  thing  serious 
was  contemplated  on  the  part  of  Mexico.  If  the  first — if  he  knew 
or  had  good  grounds  to  believe  that  Mexico  was  seriously  engaged 
in  preparing  for  war,  he  grossly  violated  his  duty  in  withholding  the 
facts,  and  in  not  communicating  them  to  Congress  prior  to  ordering 
the  army  to  the  Rio  Grande.  If  the  second — if  he  had  no  importan't 
knowledge,  and  consequently,  nothing  to  communicate  to  Con- 
gress in  relation  to  the  hostile  movements  of  Mexico,  then  he  was 
guilty  of  marching  the  army  into  a  country  actually  occupied  and 
claimed  by  Mexicans,  in  ignorance  of  all  the  facts  which  could 
furnish  a  plausible  apology  for  the  recklessness  of  the  step.  He 
has,  therefore,  either  concealed  from  Congress,  possessing  the  war 
declaring  power  by  the  constitution,  important  information,  or  he 
has,  in  ignorance  of  the  facts,  precipitated  the  country  into  hostil- 
ities without  affording  the  representatives  of  the  nation  an  oppor- 
tunity to  exercise  their  constitutional  powers  in  declaring  or  refu- 
sing to  declare  war.  It  is  in  this  point  of  view,  that  the  uncon- 
stitutional conduct  of  the  President  is  flagrant.  And  how  is  it 
defended  by  his  supporters  ?  Why,  sir,  they  say  we  have  just  cause 
of  war  against  Mexico:  and  they  and  the  President  furnish  a  Ion" 
list  of  specifications,  the  most  prominent  of  which  I  shall  hereafte- 
consider.  Well,  let  us  admit  that  it  is  all  true.  What  then  ? 
Because  we  have  just  cause  of  war  against  a  foreign  nation,  does 
it  follow  that  the  President  may  begin  it  whenever  he  pleases  with- 
out consulting  Congress,  or  waiting  until  Congress  has  considered 
the  subject  at  all  ?  Sir,  I  arraign  the  President  before  his  coun- 
trymen for  the  exercise  of  a  power  in  making  this  war  which  did 
not  belong  to  him.  He  sent  an  army  to  take  possession  of  a  coun- 
try in  the  adverse  possession  of  a  people  who  were  citizens  of  a  fo- 
reign nation  with  which  we  were  at  peace,  although  there  was  no 
very  good  feeling  towards  us.  That  was  an  act  of  war.  It  was 
invasion.  The  President  had  no  more  right  or  constitutional  au- 
thority to  do  it,  than  he  has  to  send  the  army  to  Quebec  or  Ha- 
vana and  take  possession  of  these  cities  and  surrounding  coimtry, 
without  the  sanction  of  a  previous  act  of  Congress. 

To  give  the  Senate  and  country  a  distinct  and  clear  idea  of  the 
manner  in  which  the  war  was  begun  "by  the  act  of"  the  President, 
allow  me  to  state  facts  as  I  have  collected  them  from  Captain 
Henry's  Campaign  sketches.  He  was  an  officer  in  General  Tay- 
lor's army.  He  writes  well  and  clearly,  and  from  what  I  have 
heard  of  him,  although  we  are  not  acquainted,  his  veracity  cannot 
be  questioned.     Captain  Henry  states  that : 

"  When  General  Taylor  with  lijs  command  reached  the  bank  (of  tlie  Colorado) 
some  twenty  or  tliirty  Mexicans  presented  themseh  es  and  said  lliat  if  his  force  at- 
tempted to  cross,  lliey  would  tire  upon  it,  that  such  were  their  orders." — Page  59. 

"  Previous  to  the  crossing,  the  adjutant-general  of  General  Mejia,  the  commanding 
general  at  jMatanioras,  made  his  apijearauce  and  handed  to  General  Taylor  a  paper 
Irom  Mejia,  •forbidding  his  crossing,  stating  that  he  would  look  upon  it  a^  a  declaration 
of  war,'  and  left  assuring  the  general  he  would  he  opposed  and  Ujat  a  fight  was  in- 
evitahle. ". — Page  60. 

These  occurrences  took  place  on  the  2Ist  of  March,  1846,  On 
the  24th  of  March  General  Taylor  arrived  at  Point  Isabel  and  was 
met  there,  says  Henry,  "by  a  deputation  of  fifty  armed  citizens 
from  Matamoras,  with  some  important  civil  functionary  at  their 
head,  who  presented  him  a  paper  protesting  against  our  occupy- 
ing the  country."  The  general  having  no  time  to  discuss  the 
matter  told  them  very  concisely  "he  would  give  them  an  answer  at 
Matamoras" — ^^page  63.  On  the  arrival  of  the  army  at  Matamoras 
or  opposite  to  it  on  the  ea.st  bank  of  the  river,  General  Worth  was 
deputed  by  General  Taylor  to  answer  the  deputation  which  met 
him  at  Point  Isabel.  After  some  difficulty  General  Worth 
and  the  Mexican  General  La  Vega  were  brought  together. 
General  La  Vega,  (says  Henry)  spoke  of  our  arrival  as  an  act  of 
invasion  :  that  the  Mexican  government  looked  upon  it  as  snch 
and  asked  the  question,  "what  would  we  have  done  if  we  had 
been  served  so  ?" — page  66.  Well,  Mr.  President,  I  should  like 
to  hear  what  answer  tiie  Presitlent  himself  or  his  vindicators  on 
this  floor  would  give  to  that  question  None  of  them  have  yet,  in 
this  debate,  placed  themselves  in  the  attitude  of  Mexico  and  asked 
what  they  would  do  under  simUiar  circumstances  ?  The  rule  of 
doing  unto  others  as  we  would  have  them  do  to  us,  is,  I  fear,  obso- 
lete in  regard  to  the  Mexican  war.  Well,  sir,  as  I  cannot  tell 
how  silent  Senators,  if  compelled  to  speak,  would  answer  La 
Vega's  question,  I  will  give  you  Capt.  Henry's  answer,  and  I 
mistake  the  character  of  my  countrymen  altogether,  if  ninety-nine 
hundredths  of  them  would  not  answer  precisely  as  the  noble  Captain 
He  says,  "of  course  no  replv  could  be  given,  except  that  we  would 
have  fought  like  lions  for  what  we  deeiucd  our  possessions,"  Yes, 
sir,  that  is  the  true  spirit  of  mir  people.  Let  any  foreign  nation 
send  an  army  to  take  possession  ot  what  we  deem  otirs,  anal  whit'h 
is  in  our  oceiipamy  ;  let  them  put  their  feet  upon  any  part  of  the 
State  from  which  1  come,  and  I  will  answer  for  every  Kcntuckian, 
that  there  is  not  one  of  thorn,  who  will  not  fly  to  arms  to  drive 


February  10.] 


THE  TET^  REGIMENT  BILL. 


259 


the  invader  from  our  soil.  And  yet,  sir,  for  the  assertion  of  this 
sentiment  here,  a  sentiment  without  which  there  can  be  no  true 
love  of  country  upon  earth.  I  suppose  some  malignant  partizan 
may  gazette  me  as  giving  "aid  and  comfort"  to  the  enemy. 

I  will  proceed  with  my  extracts  from  Capt.  Henry's  book.  On 
the  2Sth  March,  as  the  army  advanced  to  Matamoras,  "two  of 
the  advanced  guard  of  tlie  Dragoons,  being  some  distance  from  the 
main  body,  were  pounced  upon  by  a  body  of  Mexicans  and  carried 
off  prisoners  to  Matamoras'' — page  65.  "April  1st.  General  Tay- 
lor having  demantled  the  release  of  the  captured  Dragoons  they 
were  returned  to-day,  with  nearly  all  their  equipments" — page  70. 
On  the  Uth  of  April,  General  Ampudia,  long  looked  for  arrived 
at  Matamoras — page  70.  On  the  12th  of  April  General  Ampudia 
sends  a  communication  to. General  Taylor,  telling  him,  ''he  must 
leave  his  position  in  twenty-four  hours,  retire  to  the  Nueces  and 
there  await  the  settlement  of  the  question  bv  negotiation,  in 
default  of  which,  Mexico  would  look  upon  his  position  as  a  decla- 
ration of  war."  "General  Taylor  sent  word  to  Ampudia  that  he 
did  not  require  twenty-four  hours,  but  would  reply  at  10  o'clock 
A.  M.  tomorrow."  On  the  13th  of  April,  he  did  reply  by  saying 
"he  was  sent  here  by  order  of  his  government  in  a  peaceable  atti- 
tude and  intended  to  remain  ;  and  then  warned  him  against  the 
responsibility  of  firing  the  first  gun" — pages  74  and  75. 

Well,  sir,  who  fired  the  first  gun  ?  On  the  4th  and  5th  days  of 
April  our  troops  shot  two  of  their  own  men  as  they  were  desert- 
ing to  the  Mexicans.  The  deserters  were  shot,  one  on  each  day, 
as  they  were  swimming  the  river — page  72.  The  first  blood  shed 
was  that  of  our  own  men,  and  by  the  guns  of  our  own  men.  Hea- 
ven forbid  that  this  evil  omen  in  the  commencement  of  this  war, 
should  portend  civil  strife  and  bloodshed  among  ourselves  in  its 
final  results.  On  the  morning  of  the  10th  of  April,  "Col.  Cross 
left  camp  and  not  returning  in  the  evening  great  fears  were  enter- 
tained for  his  safety" — page  73.  On  the  17th  of  April  Lieutenants 
Dobbins  and  Porter  with  ten  men  each  "left  camp  with  the  avow, 
ed  intention  of  catching,  if  possible,  some  of  the  band  of  the  notori- 
ous Romeno  Falcon,  hoping  to  discover  some  clue  to  the  murder 
of  Col.  Cross" — page  77.  On  the  18th  of  April,  Lieutenants  Dob- 
bins  and  Porter  having  separated  their  commands,  Lieut  Porter's 
party,  at  about  2  o'clock  P.  M. — met  with  a  party  of  armed  Mexi- 
cans engaged  in  jerking  beef.  "As  they  approached  thoir  camp, 
a  Mexican  snapped  his  piece  at  Lieut.  Porter,  who  returned  it 
with  both  barrels  of  his  gun.  The  enemy  immediately  fled,  and 
the  Lieutenant  found  himself  in  the  possession  of  ten  horses  and 
twenty  Mexican  blankets" — pages  77  and  78.  Here  we  have  the 
first  snap  from  the  Mexican  and  the  first  fire,  two  shots,  from  our 
otlieer.  Whether  the  Lictenant  supposed  he  had  found  Falcon 
and  his  men.  to  catch  some  of  whom  he  had  left  eamp,  and  whe- 
ther ho  made  any  demonstrations  evidencing  his  intention  to  cap- 
ture any  of  them  before  the  Mexican  "snapped,"  Captain  Henry 
does  not  inform  us.  But  after  the  Mexicans  fled,  and  after  Lieut. 
Porter  had  taken  the  ten  horses  and  twenty  blankets,  we  are  told 
that  he  and  his  men  mounted  and  proceeded  towards  the  camp. 
They  had  not  proceeded  far  belore  they  were  attacked  by  a  party 
of  Mexicans  concealed  in  a  chapparal,  "Lieutenant  Porter  order- 
ed his  men  to  dismount,  the  enemy  kept  up  a  brisk  fire  ;  both  of 
the  Lieutenants  barrels  snapped  and  nearly  all  the  pieces  of  his 
men  had  been  rendered  useless  by  the  rain."  The  result  of  the  whole 
was  that  Lieut.  Porter,  and  one  of  his  men  named  Flood,  were 
killed,  and  the  balance  of  his  party  dispersed,  and  got  to  camp  as 
best  they  could.  The  soldier  who  got  in  last,  said  he  concealed 
himself  in  the  cliapparel,  and  saw  the  proceedings  of  the  encmv. 
He  reported  that — 

"  As  soon  as  our  men  broke,  they,  (the  Mexicans.)  rushed  upon  the  Lieutenant  and 
Flooti.  the  latter  they  surrountied  and  deliberately  knifed,  and  then  performed  the  lame 
inhuman  office  upon  Lieutenant  Porter." — Page  7H. 

Before  this  fight  between  Lieutenant  Porter  and  the  Mexi- 
cans commenced,  General  Taylor  had  blockaded  the  mouth  of  the 
Rio  Grande,  and  stopped  "  all  supplies  for  Matamoras."  This 
appears  from  his  letter  to  the  Adjutant  General,  dated  the  I5th  of 
April,  page  118,  of  document  190,  for  session  1845 — 6.  On 
the  26th  of  April,  General  Taylor  wrote  the  Adjutant  General, 
informing  him,  that  General  Arista  had  arrived  in  Matamoras,  on 
the  24th,  and  assumed  the  chief  command  of  the  Mexican  troops. 

"  On  the  same  day."  says  Gener.il  Taylor,  "  he  (Arista,)  addressed  me  a  communi- 
cation, conceived  in  courteous  terms,  but  saying  that  he  considered  hostdities  com- 
menced, and  should  prosecute  them," 

Page  120  of  same  document.  In  the  same  letter,  General  Taylor 
mentions  the  engagement  between  the  Mexicans  and  the  dragoons, 
sixty-three  strong,  under  Captain  Thornton,  and  says — 

"  Hostilities  may  now  be  considered  as  commenced,  and  I  have  this  day,  deemed  it 
necessary  to  call  upon  the  Governor  of  Texas,  tor  tour  regiments  of  volutiteers,  &c." 

Captain  Henry's  account  of  the  defeat  and  capture  of  Thornton, 
may  be  found  on  pages  82  and  83,  of  his  book.  It  occurred  on 
the  26tb  of  April,  1S46.  I  have  thus  given  a  very  abridged  ac- 
count of  the  proceedings  on  the  Rio  Grande,  up  to  the  time  when, 
iaccording  to  the  admission  of  all,  war  between  the  two  nations  ex- 
isted. I  have  referred  to  book  and  page,  where  I  derived  my  in- 
formation. Is  it  not  clear,  that  it  was  occasioned  by  the  act  of  the 
President,  in  sending  General  Taylor  with  the  army,  to  the  Rio 
Grande  >.  Is  it  not  eiiually  clear,  that  the  Mexicans  'did  not  desire 
war  with  us,  notwithstanding  their  threats  agamst  us  ?  Our  re- 
solutions for  the  annexation  of  Texas,  which  are  at  the  bottom  of 
Mexican  hostility,  were  approved  on  the  1st  of  March,  1845,  If 
Mexico  intended  to  make  war  on  us  for  this  act,  why  did  she  delay 
more  than  a  year,  before  drawing  the  sword  and  striking  the  blow'? 


If  she  wanted  war,  why  did  her  authorities  from  time  to  time, 
meet  General  Taylor  in  his  advance,  and  almost  implore  him  to  go 
back,  or  they  would  be  compelled  to  fight  him  ?  If  she  wanted  war 
why  did  Ampudia  on  the  12th  of  April,  require  General  Taylor  to 
retire  to  the  Nueces,  and  there  abide  negotiations  between  the  two 
governments — why  did  he  almost  implore  General  Taylor  to  do  so? 

■'  If."  said  Ampudia.  "  you  insist  in  remaining  upon  the  soil  of  tlip  Department  of 
Tamaulipas,  it  will  clearly  result,  that  arms  ajid  arms  alone,  must  decide  the  question  ' 
and  in  that  case.  I  advise  you,  that  we  accept  the  war  to  which, with  so  modi  inin*' 
tice  on  your  part,  you  provoke  us,  &c." 

(See  translation,  page  119  of  document  196  aforesaid.)  Sir  the 
idea  is  ridiculous,  that  weak  and  distracted  Mexico,  with  a  popu- 
lation of  but  little  more  than  7,000,000,  so  weak  that  she  had  not 
even  attacked  Texas,  for  years  after  the  battle  of  San  Jacinto,  and 
when  Texas  had  a  population  of  not  more  than  100,000  or  150,000 
at  most,  should  seriously  think  of  making  war  airainst  the  United 
States,  with  a  population  of  20,000,000,  backed  by  an  elTieient 
Navy,  when  Mexico  did  not  own  a  single  ship,  and  sustained  by  an 
array  not  inferior,  numbers  considered,  as  they  have  proved  them- 
selves, to  any  in  the  world.  Mexican  gasconade,  was  intended  by 
their  leaders,  to  operate  upon  the  ignorant  masses  of  their  own 
populatitui,  and  to  produce  a  political  eflect  at  home.  Parades, 
no  doubt,  thought  he  would  make  himself  popular,  and  get  up  a 
proiivncinmento  in  his  behalf,  by  assuming  to  be  the  devoted  ad- 
vocate of  the  honor  and  interests  of  Mexico,  and  by  deluding  his 
countrymen,  through  their  prejudices  against  us.  He  succeeded, 
overturned  Bustamente,  and  rode  info  power.  That  was  all  he 
wanted.  And  we  have  not  a  few  among  ourselves,  who,  like  Pa- 
rades, pretend  to  be  perfectly  devoted  to  the  honor  and  interests  of 
their  country,  but  who,  I  am  sorry  to  think,  are  just  as  willing  as 
Parades,  for  their  own  advantage,  to  play  upon  the  prejudices, 
and  flatter  the  martial  tastes  of  our  people.  I  believe  they  want, 
and  expect  power,  and  official  emoluments  from  it.  There  is  dan- 
ger that  they  will  succeed,  and  force  us  upon  the  mad  career  of 
fjreign  conquests. 

The  President  and  his  defenders,  fully  sensible  that  the  march  of 
General  Taylor  to  the  Rio  Grande,  blockading  the  mouth  of  the 
river,  and  taking  possession  of  the  country,  were  acts  of  war  per 
se,  as  Mr.  Tyler  would  say,  if  the  country  on  the  Rio  Grande  be- 
longed to  Mexico;  have  been  driven  to  the  necessity  of  claiming 
all  the  land  east  of  that  river,  from  its  mouth  to  its  source,  as  a 
part  of  our  own  territory  through  the  annexation  of  Texas;  and 
being  ours,  the  President  had  the  right  to  march  our  army  into  it; 
and  hence  it  is  contended,  Mexico  was  the  invader,  and  shed  the 
blood  of  our  citizens  upon  our  soil.  Well,  sir,  I  will  punish  any 
nation  that  invades  our  soil  and  sheds  the  blood  of  our  citizens; 
and  hence  it  is  with  me  an  important  inquiry,  to  ascertain  whether 
we  did  own  the  land  up  to  the  Rio  Grande,  where  Porter  and 
Thornton  were  killed.  To  satisfy  my  own  mind,  and  to  enable  me 
to  take  such  course  as  a  Senator  which  truth  and  patriotism  requi- 
red, I  have  examined  the  question  of  title  as  well  as  I  could,  and 
my  researches  have  resulted  in  the  conviction  that  we  do  not  own 
the  soil  where  the  first  blood  was  .shed  in  this  war.  I  will  state 
the  grounds  of  my  opinion  as  briefl}'  as  possible.  By  the  treaty 
with  Spain  in  1819,  we  relinquished  to  her  all  claim  which  we 
theretofore  may  have  had  to  the  territory  lying  west  of  the  Sabine. 
After  the  Mexican  people,  by  their  revolution,  had  thrown  off"  the 
Spanish  yoke,  and  established  their  independence,  we,  bv  treaty 
made  in  April  1831,  conceded  to  Mexico  the  same  boundary  as 
■  before  that  time  we  had  agreed  upon  with  Spain.  Thus,  by  two 
treaties,  we  have  relinquished  all  title  and  claim  to  land  west  of 
the  Sabine  river,  now  the  eastern  boundary  of  Texas.  Have  we 
at  any  subsequent  time  acquired  a  new  title?  It  is  contended  that 
we  have  through  the  Texian  revolution  and  the  annexation  of 
Texas  to  the  United  States.  By  conceding  the  same  territory  to 
Mexico  which  we  acknowledged  in  1819  belonged  to  Spain,  and 
when  Mexico  had  no  other  title  to  it  than  that  which  was  founded 
on  revolution  and  conquest,  we  have  admitted  the  principle  that 
Texas  may  acquire  title  in  the  same  manner;  and,  consequently, 
if  she  did  so  acquire  it,  that  it  became  ours  by  consummating  the 
contract  of  annexation.  The  whole  question  turns,  therefore,  upon 
a  fact.  Did  Texas  conquer  the  country  up  to  the  Rio  Grande  op- 
posite Matamoras?  As  to  the  declarations  of  Texas  that  the  Kio 
Grande  was  her  boundary,  they  are  too  idle  to  require  notice.  If 
men  or  nations  coidd,  by  mere  assertions,  acquire  property  or  ter- 
ritory, there  would  be  no  end  to  their  wealth  and  dominion.  Unfor- 
tunately for  the  honest  reputation  of  individuals  and  nations,  the 
society  within  governments,  and  the  relations  of  governments,  are 
kept  m  perpetual  turmoil  by  unjust  assertions  and  claims.  We 
must  have  facts,  then,  and  not  assertions. 

The  Senator  from  Illinois  (Mr.  Douglas)  insisted  that  the  rev- 
olution in  Texas  commenced  in  consequence  of  the  destruction  of 
the  Mexican  federal  constitution  of  1824,  and  the  creation  of  a 
central  consolidated  government,  to  which  Texas  was  unwilling  to 
submit,  and  that  Texas  successfully  resisted  the  eflforts  of  Mexico 
to  bring  her  into  subjection  to  the  central  government.  That  is,  I 
believe,  all  true,  and  I  could  perceive  very  clearly  that  these 
facts  constituted  a  just  foundation  upon  which  Texas  could  right- 
fully assert  title  to  all  the  lands  within  her  acknowledged  limits  ' 
before  the  revolution  commenced.  Up  to  these  limits  she  was 
possessed  before  she  asserted  her  independence,  and  tliat  posses- 
sion, coupled  with  right,  would  continue  until  Mexico  succeeded 
in  dispossessing  her — which  was  never  done.  I  therefore  agree 
that  Texas  had  title  to  all  the  land  within  her  proper  limits,  and 
that  we  acquired  her  title  by  annexation;  although  I  must  believe 
it  was  bad  policy  on  our  part  to  trade  with  Texas  for  that  title 


260 


THE  TEN  REGIMENT  BILL. 


[Thursday, 


which  she  had  secured  by  a  revolution  not  ten  years  olJ  when  wo 
made  the  bargain.  We  ought  at  least  to  have  waited  until  she 
had  enjoyed  peaceable  and  adverse  possession  long  enough  to  have 
an  ejeetinent  before  purchasing  the  property. 
Mexico  seems  to  doubt  whether  there  be  any  international  statute 
of  limitations  which  bars  her  right  in  so  short  a  time  as  Texas 
and  the  United  States  have  agreed  on.  Kut  let  that  pass.  Con- 
ceding that  Texas,  by  her  successful  defence  secured  title  tT  all 
the  la"iid  within  her  proper  limits,  does  that  defence  equally  avad  to 
«ive  her  title  to  part  of  the  Mexican  State  of  Tamauhpas  and 
?few  Mexico?  Certainly  not.  How  then  can  Texas,  under  the 
circumstances,  enlarge  her  original  boundaries?  She  could  onlv 
do  it  by  conquest,  and  the  permanent  occupation  of  the  conquered 

district.  ,  i_        1  r 

It  must  be  borne  in  mind,  thatHhe  orignial  western  boiindary  ol 
Texas  was  the  river  Nneces,  that  the  territories  of  Coahuila  and 
Texas  united,  formed  one  of  the  Mexican  States,  that  Coahuda  lay 
on  both  sides  of  tlie  Rio  Grande,  having  a  eo-termmus  boundary 
with  Texas,  formed  bv  the  river  Nueces.  That  the  Mexican  State 
of  Tamaulipas  covered  the  country  on  both  sides  the  Rio  (xrande, 
extending  from  the  Nueces  west  along  the  gulf  coast  and  bounded 
on  the  N'orth  bv  Coahuila,  and  that  New  Mexico  lay  above  on  both 
sides  of  the  Rio  Grande.  It  must  also  be  kept  in  mind,  that  Tay- 
lor's army  was  sent  into  the  Slate  of  Tamaulipas,  according  to  the 
original  boundaries  of  these  Mexican  provinces,  and  that  the  first 
battles  occurred  in  what  was  at  one  time  part  of  Tamaulipas,  be- 
yond all  question.  Now,  did  Texas  at  any  time  conquer  and  hold 
permanently  that  part  of  Tamaulipas  in  which  the  first  blood  was 
shed  ?  Did  she  ever  garrison  her  conquests  and  keep  any  military 
force  in  that  part  of  the  country  ?  If  she  ever  did  1  have  no  know- 
ledge of  the  fact.  If  the  fact  exists,  it  is  passing  strange  {hat  it 
caiuiot  be  proved.  I  do  not  believe  such  a  fact  ever  did  exist,  and 
I  will  now  present  the  grounds  of  my  belief  as  rapidly  as  possible. 
In  the  first  place,  the  evidence  furnished  by  Capt.  Henry  is  con- 
clusive to  prove  that  the  Mexicans  had  possession  in  fact  of  the 
country  on  the  left  bank  of  the  Rio  Grande  at  the  time  General 
Taylor  invaded  it  under  the  orders  of  the  President.  On  the  24th 
of  March,  1846,  as  Taylor  approached,  the  Mexicans  at  Point  Is- 
abel, except  one,  burn  their  houses  and  fly  before  the  army — (page 
62,  of  Henry's  book.)     At  page  63  Capt.  Henry  says  : 

"  The  country  arounil  Palo  Alto  is  really  beautiful,  and  I  am  not  surprised  the 
Me.\icans  are  loth  to  part  with  it." 

On  pages  64  and  65  he  speaks  of  the  Mexican  "settlements;" 
''lar^e  fields"  being  enclosed;  passing  through  a  "long  line  of 
MexTcan  huts;"  "stopped  at  one  and  there  was  a  regular  rush  for 
eiras  and  chickens;"  "the  floor  paved  with  bricks  and  covered  with 
befs;"  "the  poor  devils  (Mexican  population)  at  theii-  cottage 
doors  appeared  pleased  at  our  arrival  and  saluted  us  as  we  passed." 
Our  army  camped  in  a  corn  field  on  reaching  the  Rio  Grande. 
The  corn  was  about  "six  inches  high." 

"  (General  Taylor  sent  for  the  owner  and  told  him  he  would  pay  him  what  hetiiought 
was  the  value  oi"  the  cro[>." — Fage68. 

At  page  67  Capt.  Henry  describes  the  country  and  its  richness. 
Speaks  of  the  army  occupying  cotton  and  corn  fields,  mentions  the 
remains  of  a  "beautiful  garden"  in  which  the  "orange,  lemon,  fig, 
banana,  plaintaine,  peach,  and  coeoanut"  grew,  and  says  : 

"  This  rieh  body  of  land  is  between  thirty-live  ,ind  forty  miles  in  width,  and  some 
two  hundred  and  tiltyin  leuyth." 

Capt.  Thornton  was  attacked  when  he  and  his  men  were  at  a 
house  111  a  "large  plantation'' — ^page  S3.  In  all  this  we  see  ineon- 
testible  proofs  that  the  Mexicans  had  possession  of  the  country. 
When  and  how  did  the  Texans  ever-have  possession  of  it?  If  they 
ever  had  a  single  settler  in  it  west  of  the  Nueces,  give  us  his  name, 
tell  us  who  he  was,  and  where  he  settled? 

(Here  Senator  Houston  informed  Mr.  U.  that  a  man  named 
Powers  had  settled  west  of  the  Nueces,  in  1832,  under  a  Mexican 
grant.) 

Mr.  UNDERWOOD.— Well  that  was  years  before  the  Texan 
Revolution  commenced?  What  became  of  him?  Was  he  a  citizen 
of  Tamaulipas  or  Texas?  Did  he  conquer  the  country  up  to  the 
Rio  Grande? 

Reliance  has  been  placed  upon  the  settlement  of  Corpus  Christi 
and  the  holding  of  that  place  as  evidence  ol  Texan  occupation  and 
possession,  hut  if  I  have  ascertained  the  facts  connected  with 
that  settlement  correctly,  they  prove  precisely  the  reverse.  Capt. 
Henry,  who  staid  there  six  months,  gives  us  the  account  of  its  set- 
tlement, and  how  it  was  occupied  and  held,  at  pages  18,  19,  and 
20,  of  his  book.     He  says  ; 

"It  was  tlist  setUed  by  *'ol.  11.  T,.  Kinney,  in  1338,  who  in  ponjnnrtiou  with  his 
partner,  Mr.  Aubrey,  eslablished  a  trading  post,  to  meet  the  immense  traffic  carried  on 
by  the  Mexicans,  It  was  the  extreme  frontier  settlement.  The  incursions  of  the  in 
dinns  were  so  fre«)nent  an<l  attended  with  so  much  danger,  that  he  was  forced  to  keep 
a  regular  company  of  men,  at  his  own  expense,  to  defend  his  'ranch.'  Its  itroximitv 
to  the  Rio  Graurle  made  it  the  most  convcnicnl  jtoint  for  the  contraband  trade." 

"  For  tiie  sup|>ression  of  this  illicit  trade,  the  yovernnienl  of  Mexico  kept  constantly 
stationed  on  the  Rio  Grande  a  Rjiecics  of  trooos  called 'commissioncs.'  They  were 
usually  conmianded  by  some  worthless  vagabond,  who  wa*  rcmiy  in  a  moment  tosacri- 
lice  his  duly  for  a  bribe." 

Capt.  H.  then  gives  us  an  account  of  an  expediiicm  .sent  by  the 
government  of  Mexico,  under  an  oirieer  of  the  "comiuissiones  " 
and  two  hundred  men,  to  destroy  Kinney's  goods  and  to  take  him 
prisoner.  Kinney  crossed  the  Nu'^ces  to  obtain  assistance.  On 
his  return  he  found  his  valiant  company  had  not  only  deserted  him 
but  stolen  many  of  his  goods,     Kinney  evinced  tact  and   bravery 


but  finally  saved  his  establishment  by  bribing  the   Mexican  officer, 
and  Capt.  Henry  winds  up  the  account  by  saying  : 

"  So  much  for  a  liule  ingenious  bravery,  and  a  happy  application  of  the  /ercr  of  thf 
world." 

There,  sir,  you  have  the  history  of  Corpus  Christi — a  smuggling 
establishment  in  its  origin,  and  protected  against  Indians  by  sol- 
diers employed  by  a  private  company  and  not  the  government  of 
Texas,  and  maintained  against  Mexico  by  the  bribery  of  her  offi- 
cers. But,  sir,  this  is  not  all  my  proof.  I  have  the  statement  of 
one  of  the  most  respectable  men  in  Kentucky,  whose  nephew  was 
one  of  the  officers  at  Corpus  Christi,  and  who  informs  rae  that  his 
nephew  told  him  last  summer,  when  on  a  visit,  that  the  small  force 
at  Corpus  Christi  could  not  hold  possession  at  all  times  without 
tampering  with  the  Mexican  officers,  that  his  nephew  had  given  a 
fine  horse  to  keep  fair  weather  with  the  Mexican  commander  at 
Matamoras,  and  that  Col.  Kinney  himself  had  taken  the  oath  of 
allegiance  to  the  Mexican  government.  Now,  sir,  if  these  things 
be  so,  and  there  be  no  evidence  that  Texas  ever  marched  an  army 
to  the  Rio  Grande  in  the  neighborhood  of  Matamoras,  is  it  not  pre- 
posterous to  contend  that  Texas,  by  conquest,  extended  her  terri- 
tory into  the  State  of  Tamaulipas  up  to  the  Rio  Grande? 

I  find  by  an  examination  of  the  laws  of  Texas  (and  the  laws  of 
a  people  constitute  their  best  history,)  much  which  confirms  the 
idea  that  Texas  made  and  held  no  conquests  up  to  the  Rio  Grande. 
On  the  10th  of  December,  1835,  Texas  resolved  to  call  a  conven- 
tion to  form  a  constitution,  and  in  her  resolutions  declared  that  "all 
free  white  males  and  Mexicans  opposed  to  a  central  government," 
were  allowed  to  vote.  Also  .soldiers  then  in  the  army  were  allow- 
ed to  vote  by  proxy.  The  judges  and  alcaldes  were 'authorized  to 
designate  the  places  of  holding  the  elections.  In  these  resolutions 
no  p'articular  district  or  territory  was  specified  from  which  repre- 
sentatives were  to  be  elected.  They  constituted  a  general  invitation 
to  all  persons  opposed  to  the  central  government  of  Mexico  to  co- 
operate. 

On  the  5th  of  June,  1837,  Texas  passed  a  resolution  "  relating 
to  elections  for  depopulated  districts,"  in  which  it  was  provided, 
that  the  President  might  order  polls  to  be  opened  for  the  depopu- 
lated districts  in  any' part  of  the  republic  where  the  citizens  of 
such  districts  or  counties  may  be  temporarily  residing,  until  such 
times  as  they  could  return  with  safety  to  their  homes.  This  reso- 
lution was  to  continue  in  force  during  the  war  with  Mexico.  Here, 
then,  is  record  evidence  taken  from  the  statute  book  of  Texas  that 
a  part  of  the  districts  even  of  Texas  proper  had  been  depopulated 
by  the  war.  What  districts  were  they  ?  The  laws  of  Texas  fur- 
nish the  answer,  and  furnish  it  most  efleetually,  so  far  as  my  pre- 
sent inquiry  is  concerned.  On  the  18th  of  January,  1845,  the  re- 
solution relating  to  elections  for  depopulated  districts  was  repealed 
.so  far  as  it  operated  upon  the  counties  of  Refugio  and  San  Patri- 
cio, and  from  and  after  the  passage  of  the  act  elections  in  these 
counties  were  to  be  held  within  their  limits  and  not  elsewhere. — 
Tbe  4th  section  of  the  act  of  1845  provides  that  the  reorganiza- 
tion of  these  counties  shall  be  had  within  six  months  from  and  after 
its  passage,  and  proper  returns  made  of  all  elections  of  county  of- 
ficers, to  the  Department  of  State.  The  5th  section  of  the  act  of 
1845  makes  Corpus  Christi  the  county  seat  of  San  Patricio  county. 
Before  that  time  the  county  seat  had  been  on  the  east  side  of  the 
Nueces  .By  the  constitution  of  Texas,  adopted  17th  March,  1836, 
San  Patricio  county  was  entitled  to  one  representative.  Thus  we 
have  the  laws  of  Texas  proving  that  San  Patricio,  on  the  Nueces, 
was  a  depopulated  county  and  remained  subject  to  the  operations 
of  the  resolution  of  the  5th  June.  1S37,  as  a  depopulated  county, 
until  the  passage  of  the  act  of  the  18th  January,  1845,  and  before 
the  six  months liUowed  for  tbe  organization  of  the  county  under  this 
act  had  expired.  Texas  in  convention  had  accepted  the  propo- 
sals made  incur  resolutions  for  annexation.  It  thus  appears  that, 
instead  of  Texas  extending  her  settlements  and  possessions 
towards  the  Rio  Grande,  that  she  admitted  by  her  laws  that  two 
of  her  counties  or  districts  had  become  depopulated,  and  she  did 
not  even  attempt  to  reorganize  them  until  about  nine  years  after 
the  battle  of  San  Jacinto.  '  But,  sir,  there  is  yet  more  Texian  law 
which  bears  upon  the  question.  I  have  not  been  able  to  discover 
any  statute  of  Texas  which  defines  the  boundaries  of  San  Patricio 
and  Refugio  counties.  I  was  limited  in  time  in  making  researches, 
and  then  the  indexes  are  so  d'^ficient,  mv  progress  was  slow.  I  did 
find,  however,  a  resolution  dated  17th  December,  1836,  requiring 
the  chief  justices  of  the  several  counties  to  give  information  to  the 
Secretary  of  State  as  to  the  boundaries  of  "their  counties.  From 
this  I  infer  that  there  was  no  .statute  prior  to  that  date  giving  the 
bounds  of  the  counties  of  San  Patricio  or  Refugio,  or  if  there  be  not 
a  statute,  that  it  did  not  extend  their  bounds  west  of  the  Nueces. 
Whether  the  chief  justice  of  San  Patricio  reported  that  his  county 
went  to  the  Rio  Grande,  I  do  not  know.  If  he  did  his  report  can- 
not extend  a  jurisdiction  over  the  Mexicans  upon  that  river,  and 
separate  them  from  the  State  of  Tamaulipas. 

In  the  map  published  by  Thomas  G.  Bradford  in  1839,  and  en- 
tered according  to  the  act  of  (  onn;ress  in  1S38,  Texas  is  laid  down 
as  being  bounded  west  by  the  Nueces.  That  map  lays  down  the 
line  separatinir  Coahuila  and  Tamaulipas  as  crossuig  the  Rio 
Grande  above  Laredo  leaving  that  place  in  the  State  of  Tamauli- 
pas. Coahuila  and  Texas  were  united  and  formed  into  one 
State  by  an  act  or  decree  passed  at  Saltilloon  the  15th  ul  August, 
1824,  in  which  they  are  declared  to  be  one  State  and  the  territory 
thereof,  to  be  that  recognized  as  both  provinces  u)i  to  that  time. — 
In  the  laws  passed  by  the  legislature  of  the  State  of  Coahuila 
and  Texas,  1  find  an  act  under  date  of  the  12th  of  April,  1827, 
granting  the  exclusive  privilege  of  introducing  steamboats  to  Brad- 


February  \0.] 


THE  TEN  REGIMENT  BILL 


261 


burn  h  Staples,  "  in  that  portion  of  the  Rio  del  Norte,  (alias  Rio 
Grande,)  that  belongs  to  the  state;"  thus  showing  that  only  a 
part  of  that  river  passed  through  the  territory.  In  apportioning 
the  representation,  I  find  an  act  passed  in  March,  1827,  which 
gives  the  "  districts  of  Saltillo,  Paras,  and  Monclova,  three  de- 
puties proprietors  each;  that  of  Texas  two,  and  Rio  Graiide  one.'' 
I  have  thus  found  nothing  which  gave  Texas  the  shadow  of  a  right 
originally,  to  that  part  of  the  State  of  Taniaulipas,  in  which  the 
battles  on  the  Rio  Grande  were  fought;  and  I  have  looked  in  vain 
for  the  evidence  of  the  fact  that  Texas  made  and  held  any  portion 
of  Tamaulipas  as  a  conquest.  Having  no  original  right,  and  mak- 
ing no  conquest  in  the  neighborhood  of  Matamoras,  we  couid  ac- 
quire no  title  through  Texas  by  annexation.  On  the  12th  of  June, 
1837.  the  legislature  of  Texas  passed  a  resolution  authorizing  their 
President  to  send  a  flag  of  truce  to  Matamoras  to  procure  a  re- 
lease ot  prisoners  then  there.  If  at  that  lime  she  had  conquered 
the  country,  why  did  she  not  erect  a  battery,  as  Gen.  Taylor  did, 
opposite  to  Matamoras,  and  by  her  cannon  compel  the  surrender  of 
the  prisoners  ?  If  the  country  was  not  then  conquered,  at  what 
subsequent  period  was  the  conquest  made  ?  I  will  not  pursue  the 
mquiry  farther.  I  have  presented  the  facts  upon  which  my  mind 
has  been  forced,  to  the  conclusion  that  the  Mexican  government 
did  not  commence  this  war  "  by  invading  the  territory  of  the  Stale 
of  Texas,  striking  the  first  blow,  and  shedding  the  blood  of  our 
citizens  on  our  own  soil;''  but  that  it  was  unconstitutionally  com- 
menced by  the  President  of  the  United  States. 

What  are  we  now  fighting  for  ?  Indemnity  for  the  past  and  se- 
curity for  the  future,  the  President  answers.  I  am  for  these  also; 
but  my  indemnity  and  my  security  may  be  very  different  from  the 
Presidents.  What  does  the  President  include  in  his  ideas  of  in- 
demnity ?  The  expenses  of  the  war,  and  the  amount  of  the  "just 
and  long  deferred  claims  of  our  citizens''  a<rainsl  Mexico  ?  I  think 
the  President  is  the  last  person  who  should  complain  of  the  non- 
payment of  "  lon^  deferred  claims."  He  ought  to  have  recollect- 
ed that  he  had  reluscd  to  pay  the  claims  of  our  citizens  for  French 
spoliations,  even  after  they  had  been  provided  for  by  Congress, 
much  longer  deferred  than  any  of  their  claims  against  Mexico. — 
But  although  the  President  will  not  himself  pay,  it  may  still  be 
very  proper  to  make  Mexico  do  it.  How  much  will  the  expenses 
of  the  war  and  the  claims  of  our  citizens  amount  to  ?  I  wish  to  go 
a  little  into  particulars  and  ascertain  the  sums  we  are  to  demand, 
and  then  we  shall  be  better  prepared  to  decide  upon  ti;e  extent 
and  value  of  the  indemnity  to  be  exacted.  The  President  tells  us 
in  the  message  that  Mexico  cannot  satisfy  the  claims  of  our  citizens 
and  "  reimburse  the  United  States  for  the  expenses  of  the  war," 
except  by  ceding  to  us  a  portion  of  her  territor)*.  "The  doctrine  of 
no  territory  is  the  doctrine  of  no  indemnity,"  s»ys  the  President. 
Let  us  begin  the  calculation,  and  eslimate  the  expenses  of  the  war 
and  our  private  claims.     The  amount  stands  thus  : 

Balance  in  the  Treasury  1st  Febry-  ]^4G,  now  spent. 

Treasury  notes  under  the  act  of  2^iM  Febrnary    1846. 

Treasury  notes  under  tbe  act  of  ii?th  January,  1847, 

Loan  on  Treasury  notes  now  asked  for  by  S  cretary 

of  the  Treasury,         -_---',.. 

Add  tile  value  of  bounty  land«  accordini:  to  tlie  re- 
port ol  the  rommissioner  of  the  Land  (!>ffice  to 
the  Coniniittee  on  Public  Lands,         -        -  -        - 


S9.I':«,43!I 
lll,(inO,(H)() 
53,000,080 

IS.TM.lH 


We  havethusexpended,  if  weeonid  get  |ieace  lo-day,  -  .  -  $75,405. .'j.>3 
But  this  is  nothing  like  all,  we  have  by  the  war  laid  the  foun- 
dation for  an  increased  expenditure  of  millions  more,  and  with 
which  the  country  will  be  burdened  for  years  to  come.  The  claims 
of  the  mutilated  and  disabled  soldier,  and  the  widows  and  orphans 
of  the  dead,  for  pensions,  are  pouring  in  upon  us.  There  is  a 
claim  now  before  the  committee  of  which  I  am  a  member  for  more 
than  $15,000,  for  property  taken  and  used  to  supply  the  wants  of 
one  of  our  regiments,  and  how  many  more  thousands  we  shall  be 
called  to  pay  for  property  used  in  the  same  way,  no  one  knows  or 
can  even  conjecture.  The  claims  of  om-  citizens  against  Mexico 
are  as  follows. 

Amount  allo^ved  bv  llip  Commissioner,  un<Ier  the  treaty,  and 

l)art  of  which  has  been  paid,       -  _  -  .  .  %i>, 856,079 

Amount  approved  by  our  Commissioner  but  disapproved 
bv  the  Alexican  Commissioner  and  not  acted  on  oy  the 
umpire,     -------- 

Amount  of  claims  not  acted  on  or  decided,  .  .  -  . 


928,620 
3,336,837 


Total  individual  claims  S6,291,.'i37fi 
If  we  could  arrest  the  war  this  moment,  with  what  we  have  al- 
ready spent,  with  the  liabilities  already  incurred,  and  with  what  we 
should  be  compelled  to  expend  in  bringing  onr  armies  home  and 
paying  them  up  to  the  time  they  were  disbanded,  no  reasonable  es- 
limate of  our  extra-war-expenses  can  bring  them  below  a  hundred 
millions  of  dollars.  But  how  will  it  be  if  we  go  on?  The  Secretary 
of  the  Treasury  estimates  the  defieiencv  for  the  year  ending  1st 
of  July,  1849  at  $36,274,055.  Pass  this 'bill  for  ten  thousand  more 
regulars,  and  the  other  bill  reported  by  the  Military  Committee 
lot  twenty  thousand  more  volunteers,  anil  bring  upon"  the  country 
the  increased  expenditure  of  feeding  and  clothinac  them,  supplying 
theiu  with  arms  and  transporting  tliem  to,  and  marching  them 
through  Mexico,  and  add  these  new  expenditures  to  the  past  and 
well  may  the  tax  paying  people  of  the  United  Slates  beain  to 
tremble  and  ask,  what  is  to  become  of  us  ?  Now,  it  is  the  Presi- 
dents proposed  policy  to  obtain  indemnity  from  Mexico  in  land  for 
this  vast  expenditure.  We  must  not  forget  that  the  President  au- 
thorized his  Commissioner,  Mr,  Trist,  to  pay  something  to  Mexico 
for  the  cession  of  California  and  New  Mexico,  but  he  did  not  tell  us 
how  many  millions  he  had  authorized  Mr.  Trist  to  give.  Enough  ap- 


pears however  to  show,  that  in  the  President's  opinion,  if  he  could 
secure  territory  amounting  to  his  ultimatum,  he  would  thereby  se- 
cure a  pecuniary  indemnity  for  the  government  and  an  ample  fund 
also  for  the  satisfaction  of  individual  claims.  Now,  sir.  I  do  not 
hesitate  to  declare  that  a  pecuniary  indemnity  is  an  impossibility. 
The  idea  can  have  no  other  eff"ect  than  to  delude  the  people.  I 
will  not  charge  that  it  was  thrown  out  with  tl.at  design.  It  can 
be  demonstrated,  if  our  past  experience  is  worth  any  thin"  that 
the  hope  of  a  pecuniary  indemnity  is  a  sheer  delusion,  s'uppose 
New  Mexico  and  California  ours,  what  steps  must  we  take  to 
gain  this  pecuniary  indemnity  with  which  to  reimburse  the  govern- 
ment and  pay  the  claims  of  our  citizens  ?  We  must  beain  with 
other  heavy  expenditures,  and  we  must  pay  them  years  before  wo 
shall  get  a  dollar  in  return.  Our  first  step  will  be  to  establish  two 
or  more  territorial  governments;  our  second,  to  create  two  or 
three  surveyors  general,  and  to  provide  for  the  employment  of  a 
multitude  of  deputy  surveyors  ;  and  our  third,  to  create  land  ofTi- 
ces  and  provide  for  registers  and  receivers.  In  doing  all  this  the 
Executive  will  have  a  harvest  of  patronage  by  which  he  can  feed 
scores  of  lean  and  hungry  partizans.  The  national  Treasury  will 
pour  its  treasure  into  the  laps  of  Territorial  Governors,  Judues, 
Legislators,  Marshals  and  Attornies,  Surveyor  Generals  and  De- 
puty Surveyors,  Registers  and  Receivers.  Verily,  the  first  plague 
of  Egypt,  the  curse  of  blood  is  now  upon  us,  but  as  it  passes 
away»the  second  follows.  I  see  the  frogs,  skipping  and  juiuping 
in  the  shape  ol  innumerable  office  seekers  and  otfice  liolders.  Yes, 
sir,  and  they  will,  as  of  yore,  invade  our  bed  chambers  and  knead- 
ing troughs,  so  that  the  people  will  not  be  able  to  sleeper  eat. 

But,  sir,  there  is  something  more  of  expense  after  you  have 
quieted  the  Mexican  title  and  purchased  her  claim  to  New  Mexico 
and  California;  you  must,  if  you  do  as  you  heretofore  have  done, 
extinguish  the  ludiantitles  to  the  land,  before  you  begin  to  survey 
and  sell  it.  Your  Indian  Department  now  costs  you  annually 
about  $1,720,000,  How  many  more  thousands  shall  we  have  ad- 
ded to  it  in  the  shape  of  annuities  to  the  Camanches  and  to  all  the 
Indians  who  inhabit  the  territories  we  acquire? 

There  is  still  yet  another  thing  to  be  considered.  When  we  "et 
California  and  New  Mexico,  how  much  vacant  and  unappropriated 
land  shall  we  get  with  them?  In  the  acquisition  of  Florida  and 
Louisiana,  we  did  not  molest  private  rights.  We  have  confirmed 
the  Spanish  and  French  grants,  and  spent  thousands  and  thousands 
of  dollars  legislating  about  them,  and  providing  for  commissioners 
to  investigate  them.  But  what  will  be  the  value  of  the  vacant 
land  we  shall  get?  We  have  reports  of  bleak  mountains  and  desert 
plains  and  some  rich  vallies;  but  the  great  California  basin  is  yet 
unexplored,  and  no  one  can  tell  us  anything  of  its  value. 

Now,  sir,  when  you  add  to  the  expenses  of  the  war  and  the 
claims  of  our  citizens,  the  necessary  expenditure  to  support  terri- 
torial governments,  to  support  your  land  system,  to  extinguish 
Indian  titles,  and  to  distinguish  the  appropriated  and  the  vacant 
lands,  is  it  possible  for  us,  by  bringing  our  new  acquisitions  into 
market,  to  obtain,  by  the  sales,  money  enough  to  pay  the  interest 
on  the  capital?  It  is  impossible,  unless  the  vacant  lands  to  be 
ac(|uired  are  more  valuable,  and  will  sell  faster,  and  at  higher 
prices  than  our  own  rich  public  domain  has  done. 

For  the  last  fifteen  years,  the  sales  of  our  public  land  has  given 
us  an  annual  average  of  $5,856,319.  During  the  j'ears  1745-6-7, 
when  the  country  was  flooded  with  the  "better  currency"  of  Geu; 
eral  Jack.son's  pet-bank  system,  when  speculation  and  speculators 
in  private  as  well  as  political  circles  had  run  mad,  more  than 
$48,000,000  of  dollars  were  received,  arising  from  the  sales  of  the 
public  land.  Leaving  out  those  three  years,  and  then  the  averaee 
receipts  of  the  remaining  twelve  of  the  last  fifteen  3'ears,  for  ptib- 
lic  lands,  is  only  $3,305,803,  The  Land  Committee,  of  which  I 
am  a  member,  obtained  from  the  Commissioners  of  the  General 
Land  Office,  a  report,  dated  the  22d  of  January  last,  from  which 
it  appears  that  up  to  the  1st  day  of  January  of  the  present  j'car 
the  whole  number  of  acres  of  public  land  sold  by  the  government, 
amounted  to  99,  295,661  acres,  and  that  the  amount,  of  purchase 
money  received  therefor  was  5137,358,274.  The  Commissioner 
reports  the  sums  paid  for  the  public  lands  to  France,  to  Spain,  to 
Indians,  and  for  surveying  antl  selling.  See.,  &c.,  at  $80,525,019; 
leav.ng  an  apparent  balance  in  favor  of  the  government  of  $56,- 
833,255.  Tlie  interest  account  however  on  the  expenditures  of 
the  government,  is  very  defective — so  that  it  is  a  doubtful  question, 
if  interest  were  properly  calculated  and  added  to  the  principal, 
■whether,  up  to  this  day,  after  more  than  fifty  )-ears  sales  of  the 
richest  vacant  domain  on  earth,  tbe  government  has  ye;  been  in- 
demnified for  its  expenditures  and  interest  upon  them.  In  view  of 
all  these  facts  in  reference  to  the  operations  of  our  land  system, 
there  is  not  the  least  reason  to  suppose  that  we  can  even  get 
enough  from  the  sales  of  the  vacant  and  unappropriated  lands  in 
California  and  NewMexico,  to  pay  the  interest  on  our  money  invest- 
ed in  this  stock,  much  less  a  reimbursement  of  the  principal. — 
Every  day  we  continue  the  war,  this  account  becomes  worse  and 
worse  on  our  side;  and  of  this  fact  the  President  and  his  advisers 
seem  to  be  sensible,  for  they  have  cliancred  their  policy  in  conduct- 
ing the  war,  and  now  say — I\Iexico  shall  be  taxed,  and  forced  to 
contribute  tlie  means  of  lier  own  subjuualion. 

The  President,  after  speaking  ol  the  kind  manner  in  which  he 
had  directed  our  commanders  to  treat  the  Mexican  people,  with  a 
view  to  prevent  the  body  of  the  Mexican  population  from  taking 
up.arms  against  us,  says,  "  Not  appreciating  our  forbearance,  the 
iVIexican  people,  generally,  became  hostile  to  the  United  States. 
and  availed  themselves  of  every  opportunity  to  commit  the  most 
savage  excesses  upon  our  troops."     After  mentioning   how   they 


262 


THE  TEN  REGIMENT  BILL. 


[Thursday, 


"  robbed  and  murdered,"  the  President  says,  "The  Mexicans, 
having  thus  shown  themselves  to  be  wlioUy  incapable  of  apprecia- 
ting our  forbearance,  and  liberality,  it  was  deemed  proper  to 
change  the  manner  of  conducting  the  war,  by  making  ihcm  feel 
its  pressure,  according  to  the  usages  observed  under  similar  cir- 
cumstances, by  all  other  c-ivilized  nations."  How  were  they  to  be 
made  to  ''  feel?"  ]iy  taking  their  property  for  the  support  of  the 
army,  without  paying  for  it,  and  by  levying  contributions  or  taxes, 
is  the  answer.  This  ten  regiment  bill  lias  been  denominated  by 
the  chairman  of  the  Committee  on  Foreign  Relations,  a  ''  wise 
financial  measure,"  inasmuch  as  it  will  cnarile  us  to  conipier  the 
mines  of  Mexico,  and  collect  contributions. 

The  first  remark  I  shall  make  upon  this  new  policy  of  making 
Mexico  p.ay  money  through  the  instrumentality  of  our  army,  is, 
that  it  seems  to  contradict  that  part  of  the  message  which  says, 
"  Mexico  has  no  money  to  pay."  If  we  can  force  some  four  or 
five  millions  of  dollars  from  her,  annually,  by  an  army  of  tpx- 
gathcrcrs.  she  certainly,  with  a  little  patience  on  our  part,  could 
pay  our  individual  claims  in  cash;  and  consequently,  the  ''doctrine 
of  no  territory"  is  not  necessarily  the  "  doctrine  of  no  indemnity." 
The  Secretary  of  the  Treasury  contcmjilates  four  sources  of  reve- 
nue in  Mexico;  fir.st,  seizing  supplies  without  paying  for  them; 
second,  duties  on  imports  ;  third,  duties  upon  exports  ;  and  fourth, 
the  seizure  and  appropriation  of  all  the  internal  revenues  of  Mexi- 
co, except  transit  duties,  which  arc  to  be  abolished.  But  how 
much  money,  with  the  help  of  the  army,  can  be  collected  from 
these  source's,  the  Secretary  seems  to  have  great  difficulties  in  esti- 
mating.    He  says,  it  will  depend  upon  future  contingencies. 

"  It."  >^ays  the  SecrpUiry,  "  our  armies  are  witlidrawn  from  the  capitol  and  ports  of 
Mexico,  tiotlling  would  lie  reeeivrd  from  swell  eoiltriliulions.  11*  tliey  were  withdrawn 
from  liie  i-apitot,  retaillini;  tlie  ports,  no  safe  transit  beiiif:  open  for  imports  into  the  in 
tetior,  and  to  llie  rieii  and  populoos  portion  of  tlie  eouiitry,  ineludiny  the  niinini;  re' 
yion,  a  very  small  revenne  would  he  derived  from  lliis  source,  as  sliown  hv  Jtast  expe- 
rienee — prohahly  not  exceeilin<;  $l.(KKl,(lUn  per  annum.  If,  however,  the  ports  at 
present  oeeupied  hy  our  forces  he  retained,  and  all  the  rest  seized  or  blockaded,  so  as 
to  prevent  the  carrying  of  imports  into  the  interior,  thronflli  any  oilier  porta  than  those 
held  by  our  Ibrces  ;  if  the  roads  were  then  open-d  into  the  interior,  through  the  city  of 
Mexico  and  the  milling  region,  and  the  route  across  the  isthmus  rendered  secure,  it  is 
my  conviction  that  the  revenue  from  all  these  sources  above  specified  oupht  not  to  lie 
less,  so  far  as  the  duties  on  exporfs  and  impons  are  concerned,  tlian  has  heretofore  been 
collected  by  the  government  of  Mexico." 

After  all  these  "  if 's,"  the  Secretary  has  left  us  entirely  in  the 
dark  as  to  the  sum  we  may  expect  from  Mexican  taxation,  and 
after  various  statements,  winds  up  by  telling  us, 

"  Under  these  circnmstances,  it  is  impossihie  to  name  any  precise  sum  a^  tliat  wliich 
probably  would  be  derived  from  military  contributions  iu  Mexico," 

No  one  could  expect  a  "  precise  sum"  to  be  named  by  ihe  Secre- 
tary ;  but  I  should  have  been  gratified  had  he  ventured  a  guess 
with  his  superior  information.  But  what  are  we  to  do,  in  order  to 
get  something  more  than  we  have  heretofore  obtained  from  Mexico? 
According  to  the  Secretary's  suggestions,  we  are  to  hold  all  con- 
quests already  made,  go  on  with  other  conquests,  open  roads  and 
keep  open  communications,  and  then,,  all  this  being  done,  the 
Secretary  is  only  convinced  that  we  ought  to  receive  (not  that 
we  would,)  not  less  than  Mexico  has  heretofore  collected,  "  so  far 
as  the  duties  on  exports  and  imports  are  concerned."  I  can- 
not give  my  vote  for  this  bill  as  a  financial  measure,  upon  such 
uncertainties.  Well,  sir,  I  h:ive  turned  my  attention  to  General 
Scott's  orders,  in  execution  of  the  plans  of  the  President,  for  col- 
lecting revenues  iu  Mexico  His  total  levy  upon  the  nineteen  or 
twenty  states  of  Mexico  named  by  him,  is  $3,020,970,  tiiid  he  pro- 
ceeds to  apportion  it  among  the  several  states  in  proportion,  I 
suppose,  to  some  rule  of  population  or  wealth,  or  both  combined. 
He  thus  requires,  Mexico,  state  and  federal  district,  to  pay  $G6S,- 
332,  the  state  of  Ptiebla  to  pay  $424,276,  and  so  of  the  rest,  mak- 
ing up  the  aggregate.  General  Scott's  object  seems  to  bn,  to 
seize  the  fourth  source  of  Mexican  revenue,  mentioned  b\'  the  Sec- 
retary. His  assissments  upon  the  several  states,  are  to  take  effect 
from  the  time  they  are  severally  occupied  by  the  arniy.  In  addi- 
tion to  the  $3,020,970,  the  General  continues  for  the  use  of  his 
military  chest,  the  duties  on  the  production,  melting,  assaying  and 
coining  the  precious  metals.  Now,  the  whole  revenue  thus  pro- 
posed to  be  levied  by  General  Scott,  cannot  greatly  exceed,  i(  it 
reaches  $4,000,000.  Suppose  duties  on  imports  and  exports  would 
go  to  $6,000,01)0  per  aniiiitn,  about  twelve  times  as  much,  I  be- 
lieve, as  wo  have  heretofiire  received,  and  suppose  we  could,  by 
foraging  the  country,  get  $.5,000,000  more.  By  these  means  we 
shonld  collect  a  total  of  $15,000,000,  about  the  amount  of  Mexican 
revenue,  according  to  Mr.  Poinsett,  in  her  most  pro.sperous  days. 
Can  any  one  expect  greater  success  than  this  ?  I  do  not  believe 
we  shall  get  oue-fiifth  part  of  it;  but  suppose  we  get  the  whole, 
how  then  will  the  account  stand  '.  I  can  answer  IVom  the  hiws 
upon  your  statute  books.  Vou  appropriated  for  the  support  of 
your  army  foi  tin;  fiscal  year,  ending  on  the  30th  of  June,  1S4.'>, 
$3,S03,37.'5  39.  This  was  the  last  fiscal  year  of  peace,  immedi- 
ately preeeding  the  comniencement  of  host'ilities.  Yon  appropri- 
ated for  the  supiuirt  of  lh(^  armv  for  the  fiscal  vear,  ondinn-  im  i\\  ■ 
30th  June,  184H,  $32,l(i.S,461  88.  Thus  the  ditt'iuencc  bet  ween  your 
peace  appmiiriation  for  the  support  of  the  army,  and  the  apprii|ui- 
ation  for  the  first  entire  fiscal  year  of  the  war,  is  $2S, 967,084  49. 
At  this  rate,  if  you  could  get  $15,000,000  annually  from  Mexico, 
to  help  sustain  your  army,  you  would  still  have  to  supply,  for  that 
branch  of  the  service  alone,  by  loans  or  taxes,  $13,965,086  49 
annually,  more  than  was  spent  in  time  of  peace.  Doe-  not  every 
body  see  national  bankruptcy,  or  heavy  ta.-iation  staring  us  in  the 
face,  unless  wo  put  an  end  to  this  state  of  things. 


But,  sir,  on  what  machinery  does  General  Scott  rely,  to  collect 
his  Mexican  taxes — what  agencies  does  he  intend  to  employ  t  Let 
me  read  you  what  he  says  on  the  subject: 

"  The  Governors  and  meiiibers  of  the  Legislatures  in  the  different  States,  and  col- 
lecting officers  now  in  commission,  and  heretofore  charged  xvith  the  collection  of  the 
Federjd  dues  of  any  kind,  will  he  individually  held  responsible  in  their  |iersons  and 
properly,  for  the  collec'ion  and  full  [layment  of  this  assessment,  one  half  monthly,  &c." 

And  again  he  says  : 

"  l»n  the  failure  of  any  state  to  pay  its  assessment,  its  functionaries,  as  above,  will 
he  seized  and  imprisoned,  and  their  i)ro|ierty  seized,  registered,  reported  and  converted 
to  the  use  of  the  (yccupation  (.\rmy,)  in  strict  accordance  to  the  general  regulations  of 
this  army.  No  resignation  or  abdication  of  ofiice  by  any  of  the  said  Mexican  func- 
tionaries, shall  excuse  one  of  them  from  any  of  the  above  obligations  or  jienalties." 

In  what  volume  of  the  laws  of  nations,  shall  we  find  any  thing 
to  justify  such  orders  as  these  ?  In  what  history  of  the  most  re- 
nowned conquerors,  savage  or  civilized,  shall  we  find  precedents 
for  proceedings  like  these  ?  We  invade  and  overrun  a  foreign 
country,  and  then  say  to  its  governors,  legislators  and  officers, 
you  shall  go  and  collect  taxes  for  us,  from  month  to  month,  and 
year  to  year,  and  if  you  dare  refuse,  we  will  send  your  bodies  to 
dungeons,  and  confiscate  your  property.  No  resignation  or  abdi- 
cation, shall  excuse  !  In  our  own  history,  this  capital  has  been 
occupied  by  our  enemies.  Should  it  occur  again,  are  we  willing  to 
have  the  laws  we  prescribe  to  Mexico  applied  to  ourselves  ? 
Siieak.ye  Senators,  and  tell  me.  which  among  you,  at  the  order 
of  an  invader,  to  save  your  property  and  escape  a  jail,  would  be 
induced  to  assume  the  office  of  tax-gatherer  for  the  enemy  ?  Sir, 
there  is  no  patriot,  there  is  no  man  who  has  a  spirit,  who  would 
thus  degrade  himself  to  the  scorn  and  contempt  of  his  own  fellow- 
citizens.  It  is  not  the  speeches  we  make  here,  which  induces  the 
Mexicans  to  proclaim,  '"Death  to  the  Yankees,  without  mercy," 
as  General  Pearce  may  suppose;  but  it  is  the  conduct  of  this  ad- 
ministration of  ours.  If  these  new  principles  are  interpolated  in 
the  code  of  nations,  there  will  be  an  end  throughout  the  civilized 
vrorld  ot  those  rules,  courtesy,  chivalry,  magnanimity,  and  mutual 
respect,  which  have  heretofore,  greatly  alleviated  the  horrors  of 
war;  and  deadly  hate,  plunder,  and  extermination,  will  be  the  re- 
sult. Instead  of  whig  speeches,  aggravating  the  bitterness  and 
vengeance  of  Mexican  hostility,  they  must  have  directly  the  con- 
trary effect;  because  they  will  convince  M'exico,  that  all  sense  of 
justice,  and  all  respect  for  the  rules  of  civilized  warfare,  have  not 
yet  entirely  departed  from  among  us, 

I  think  I  have  proved  that  a  pecuniary  indemnity  for  the  ex- 
penses of  the  war,  is  an  impossibility.  What  security  do  we  want 
for  the  future  ?  We  have  that  in  our  strength,  and  in  the  capacity 
which  the  army  has  exhibited  to  achieve  victories  and  overcome 
obstacles.  The'^rmy  has  manifested  a  capacity  which  has  aston- 
ished us.  In  that,  there  is  cause  of  exultation,  and  in  the  prowess 
of  our  army  and  navy  we  have  security.  Does  the  President  wish 
Mexico  bound  over  to  keep  the  peace,  and  to  enter  into  bonds  with 
Great  Britain  or  France  as  surety  ?  If  that  is  his  meaning  by 
"  security  for  the  future,"  I  shall  leave  it  to  the  President  to 
take  the  preliminary  oath.  As  for  myself  and  Kentuckians,  we 
cannot  swear  that  we  are  afraid. 

A  few  more  words,  and  I  have  done.  In  prosecuting  this  war, 
we  have  lost  about  five  thousand  officers  and  soldiers,  in  killed  and 
wounded.  Wc  have  lost  a  great  many  more  by  the  climate  of 
Mexico,  and  other  causes.  For  this  lo.ss  there  is  no  indemnity. 
If  we  continue  this  war,  losses  in  the  death  of  officers  and  soldiers 
will  continue. 

I  believe  the  annexation  of  any  considerable  portion  of  the  Mexi- 
can population  to  our  country  would  be  a  lasting  curse.  What, 
then,  ought  we  to  do,  in  the  difficulties  which  surround  us?  My 
opinion  is,  that  this  Congress  ought  to  declare,  by  resolution,  what 
we  require  of  Mexico.  I  would  say  to  her,  you  must  pay  every 
cent  you  justly  owe  our  citizens  ;  you  must  and  shall  refrain  from 
future  spoliations  ;  you  have  coinmitted  many  faults,  you  must  re- 
form ;  you  may  pay  us  what  vou  owe,  in  moncv  if  you  can  ;  if  not, 
we  will  take  the  bay  of  San  Francisco  and  the  country  around  it, 
and  lo  our  Oregon  line,  if  you  prefer  to  give  it.  That  bay  will  be 
valuable  to  us  as  a  naval  power,  and  worthless  to  you.  I  would 
assume  a  defensive  line,  including  such  territory  as  would  secure 
the  claims  of  our  citizens,  and  say  to  Mexico,  this  we  intend  to 
hold  a  reasonable  time,  to  enable  you  to  do  us  justice  ;  and  if  you 
will  not,  then  we  shall  permanently  ttppropriatc  it.  If  any  Sena- 
tor who  sustains  the  administration  will  introduce  resolutions  based 
upon  the  principles  stated,  I  shall  rejoice  to  vote  with  him  in  their 
support  I  know  it  is  useless  for  me,  or  any  one  on  this  side,  to 
move  in  the  matter. 

I  shall  vote  against  the  bill,  because  Mexico  is  already  con- 
quered, and  we  shall  h.avc  no  more  battles  of  consequence  to 
fight,  and  because  I  am  opposed  to  raising  armies  for  the  purpose 
of  collecting  taxes  in  a  foreign  country.  The  taxes  to  be  collect- 
ed would  not  support  the  ten  regiments,  if  raised.  Were  I  not 
exhausted,  I  would  speak  of  the  irresponsible  and  dangerous  power 
which  the  President  is  exercising,  through  the  army  and  navy,  iu 
his  attempts  to  appropriate  the  revenues  of  Mexico,  without  law, 
and  at  his  own  di>crelinn.     But  I  must  dc.-i.-I. 

If  my  advice  is  disregarded,  as  I  suppose  it  will  be  ;  if  this  bill 
is  passed,  and  if,  in  addition,  you  call  for  more  volunteers,  as  a 
citizen,  I  shall  obey  your  laws.  It  is  a  part  of  my  creed  to  submit 
to  the  will  of  the  majority,  constitutionally  exiucsscd,  and  to  en- 
deavor to  carry  it  tint.  As  a  Icntslator,  it  is  my  jirovince  to  op- 
pose the  adiiiilion  of  measures  which  I  believe  to  be  injurious  ;  but 
when  adopted,  acquiescence  and  a  fair  trial  of  them,  is  the  duty  of 
us  all.     Upon  these  grounds  I  have  heretofore  invited  volunteers 


Februaey  10.]  THE  TEN  REGIMENT  BILL.  263 

to  your  standard,  in  public  speeches.  I  shall  vote  for  all  supplies  If  the  people  will  not  arrest  such  a  career,  we  shall  see  whether 
to  sustain  the  existing  establishment,  but  will  not  enlarge  the  destiny  or  fale  conducts  us  to  universal  empire,  or  with  a  whirl- 
army,  which,  with  the  forces  in  the  field,  and  those  authorized  to  wind  of  anarchy  rends  and  scatters  in  irrecoverable  fragments  the 
be  raised  under  existing  laws,  exceeds  60,000  men.  political  edilice  of  American  liberty. 

I  have  endeavored  to  exhibit  thcdangers  of  our  present  position.  jyj^   TURNEY  took  the  floor,  aiui  on  his  matioH, 

the  erroneous  executive  action  winch   broui^ht  us  into  duIicuUics,  ' 

and  I  have  reasoned  against  a  career  of  conijuest  and  annexation.         The  Senate  adjourned. 


264 


MESSAGE  FROM  THE  PRESIDENT— PETITIONS. 


[Friday, 


FRIDAY,  FEBRUARY  11,  1848. 


MESSAGE  FROM  THE  PRESIDENT. 

The  loUowin<T  message  was  received  from  the  President  of  the 
United  States, fiy  Mr.  Walker,  his  Secretary  : 

To  tkr  Srimlc  of  Ike   Vitilcil  Slatis  : 

In  answer  to  the  rpMlution  ol'llie  Spnale  of  the  1st  instant,  requesting  to  be  inlorm- 
ed  whether  "any  taxes,  duties,  or  imposts"  have  heen  "laid  and  uollected"  "upon 
Roods  and  metchaiulize  belonging  lo  eiliiens  of  the  United  States,  exported  by  such 
citizens  from  the  United  Stales  to  Mexii'O.  and  if  so.  what  is  llie  rale  of  sucli  duties 
aud  what  amount  hiLs  heen  colleited.  and  also  by  wliat  autliority  of  law  the  same  has 
been  laid  and  collecled,"  I  refer  the  Senate  10  my  annual  message  ol  7th  December 
last,  iu  which  I  informed  Congress  that  orders  had  heen  given  to  our  military  and  na- 
varconimanders  in  .Mexico,  to  adopt  the  policy,  as  far  as  practicable,  of  levying  mili- 
tary conlrihntions  upon  theenemv  for  the  suppportof  our  army. 

As  one  of  the  modes  adopted  for  levying  such  contributions,  it  was  stated  in  that 
,nc\sa^e  that— "l-»n  ihcllst  of  March  last  1  caused  an  order  to  be  Issued  to  our  milita- 
ry and  naval  comniandiTs  lo  levy  and  collect  a  military  contribution  upon  all  vessels 
and  merchandise  which  might  enter  any  of  the  [rfirts  of  Mexico  in  our  military  occu- 
pation, and  to  apply  such  contributions  towards  defraying  the  expenses  of  the  war.— 
By  virtue  of  the  right  of  conquest  and  the  laws  of  war.  the  conqueror,  consulting  his 
own  safety  or  convenience,  may  either  exclude  foreign  commerce  altogether  from  all 
sncli  jiorts.  or  permit  it  Ujion  such  terms  aud  conditions  as  he  may  prescribe.  Before 
the  principal  ]iorls  of  Mexico  werejjlockaded  by  our  navy,  the  revenue  derived  from 
import  duties,  under  the  laws  of  Mexico,  was  paid  into  the  Mexican  treasury.  After 
Ihese  ports  had  fallen  into  our  military  possession,  the  blockade  was  .aised.  and  com 
merce  w  ith  them  permlltrd  upon  prescribed  terms  and  conditions.  They  were  opeiieil 
to  the  trade  of  all  nations  upon  the  payment  of  duties  more  moderate  ill  their  amount 
than  those  which  had  been  previously'levied  by  Mexico  ;  aud  the  revenue,  which  was 
foimerly  paid  into  the  Mexican  treasury,  was  directed  to  be  collected  by  our  military 
and  naval  olTieers.  and  applied  to  the  use  of  our  army  aud  navy.  Care  was  taken 
that  the  officers,  soldiers,  and  sailors  of  our  army  and  navy  should  be  exempted  from 
the  operations  of  the  order  ;  and  as  the  merchandise  imported  upon  which  the  order 
operated  must  be  consumeii  by  Mexican  citizens,  the  contribnlions  exacted  xvere,  hi 
effect,  the  seizure  of  the  public  revenues  of  Mexico,  aud  the  a|i|iIication  of  them  to  our 
own  use.  In  directing  this  measure,  the  object  was  to  comjiel  the  eueuiy  to  contribute, 
as  far  as  practicable,  towards  the  expenses  of  the  war." 

A  copy  of  the  order  referred  to,  with  the  documents  accompauving  it.  has  been 
communicated  to  Congress.  The  order  operated  upon  the  vessels  and  merchandize  of 
ail  nations,  whether  belonging  to  citizens  of  the  United  States  or  to  foreigners,  ar- 
riving in  any  of  the  iiorts  in  Mexico  in  our  military  occupation.  The  contributions 
levied  were  a  tax  upon  Mexican  citizens,  who  were  the  consumers  of  the  merchandize 
im[iorted.  But  for  the  iiermit  or  license  granted  by  the  order,  all  vessels  and  merchandize 
belonging  to  citizens  of  the  United  States  were  necessarily  excluded  from  all  commerce 
with  Mexico,  from  the  commencement  of  the  war.  The  coasts  and  ports  of  Mexico  were 
ordered  to  be  placed  under  blockade  on  the  day  Congress  declared  the  war  to  exist,  and 
by  the  laws  of  nations,  the  blockade  applied  to  the  vessels  of  the  United  States  as 
well  as  to  the  vessels  of  all  other  nations.  Had  no  blockade  been  declared,  or  had  any 
of  our  merchant-vessels  entered  any  of  the  ports  of  Mexico  not  blockaded,  they  would 
have  been  liable  to  be  seized  and  condemned  as  lawful  prize  by  the  Mexican  authori- 
ties. When  the  order  was  issued,  it  operated  as  a  privilege  to  the  vessels  of  the  United 
Stales,  as  well  as  to  those  of  tbieign  countries — to  enter  the  ports  held  by  oiir_  arms  upon 
prescribed  terms  and  conditions.  It  was  altogether  optional  with  citizens  of  the  trnited 
Slates  and  foreigners  to  avail  themselves  of  the  privileges  granted  upon  the  terms  jire- 
bcribed.  Citizens  of  the  United  States  and  foreigners  nave  availed  themselves  of  these 
privileges. 

No  principle  is  better  estalilished  than  that  a  nation  at  war  has  the  right  of  shifting 
the  burden  off  itself  t.nd  imposing  it  on  the  enemy,  by  exacting  military  contributions. 
The  mi,de  of  making  suali  exactions  must  he  left  to  the  discretion  of  the  conqueror,  hut 
It  should  be  exercised  in  a  manner  conformable  to  the  rules  of  civilized  warfare.  The 
righl  to  levy  these  contributions  is  essential  to  the  successful  prosecution  of  war  in  an 
tiiciiiv\countrv,  auilthe  jiracticeof  nations  has  heen  iu  accordance  with  this  principle. 
It  IS  as  cl.-arly  necessary  as  the  right  lo  light  battles,  and  its  exercise  is  often  essential 
to  the  subsistence  of  the  army. 

Knterlaining  no  doubt  that  the  military  right,  to  exclude  ciimmerce  altogether  from 
the  [lorts  of  the  enemy  in  our  military  occupation,  included  the  minor  right,  of  admit- 
tin"  it  under  prescribed  conditions,  it  became  an  important  question  at  the  date  of  the 
order,  wdiether  there  should  be  a  discrimination  between  vessels  aud  cargoes  belonging 
to  citi/eiis  of  the  United  States,  and  vessel*  and  cargoes  belonging  to  neutral  nations. 

Had  the  vessels  and  cargoes  belonging  to  citizens  of  the  United  States,  been  admit- 
teil  without  the  payment  ol  any  duty  while  a  duty  was  levied  on  foreign  vessels  and 
'cargoes,  the  object  of  the  order  woulrl  have  been  defeated.  The  whole  commerce 
would  have  been  conducted  in  American  vessels— uo  contributions  could  have  been 
collected,  and  the  enemy  would  have  been  furnished  with  goods  svithout  the  exaction 
from  him  of  any  contribution  whatever,  and  wou'd  have  been  thus  benefitted  by  our 
military  occupation,  instead  of  being  made  to  feel  the  evils  of  the  war.  In  order  to 
levy  these  coutnbutious  and  to  make  them  available  for  the  support  of  the  army,  it 
liecame,  therefore,  absolutely  necess.ary  that  they  should  be  collected  upon  imports  into 
Mexican  ports,  whether  in  vessels  belonging  to  citizens  of  the  United  States  or  to  for- 
eigners. 

It  was  deemed  proper  to  extend  the  privilege  to  vessels  and  their  cargoes  belonging 
to  neutral  nations.  It  has  lieeu  my  policy  since  the  commencement  of  the  war  witli 
Mexico,  to  act  justly  and  liberally  towards  all  neutral  nations,  aud  to  afford  to  them  no 
just  cause  of  complaint,  anil  we  have  seen  the  good  consequences  of  this  policy  by  the 
general  satisfacrion  which  it  has  given. 

In  answer  to  the  enquiry  coiitainerl  in  the  resolution  a-s  to  tlio  rates  of  duties  impo- 
sed. I  refer  you  to  the  documents  which  accompanied  my  annual  message  of  the  7th 
of  December  la.st,  which  contain  the  information. 

From  the  arconipanying  reports  of  the  Secretary  of  War  and  the  Secretary  of  the 
Navy.  It  will  be  seen  that  the  contributions  have  heen  collected  on  all  vessels  and  car- 
goes, whether  American  or  foreign,  but  the  returns  to  the  Departments  do  not  show 
with  pxa<duess  the  amounts  collected  on  American  as  distinguishable  from  foreign  ves- 
sels and  merchandize. 

JAMES  K.  ruLK. 

Washington,  February  10,  IHtf*. 

Ordered,  That  it  lie  on  the  table  and  be  printed. 

BEPOnT    KROM    the    WAR    DEPARTMENT. 

The  VICE  PRKSIDENT  laid  before  the  Senate  a  report  of 
the  Secretary  of  War,  made  agreeably  to  law,  aeeompanied  by 
returns  of  the  Militia  of  the  United  States,  with  their  arms,  ac- 
coutrements and  ammunition. 

RESOLUTION    OV   THE    LEGISLATURE    OK    ILLINOIS. 

Mr.  BREESE  presented  a  preamble  and  resolution  passed  by 
the  Legislature  of  the  State  of  Illinois  in  favor  of  an  act  granting 
indemnity  to  the  citizens  of  that  Slate  who  suffered  by  Indian  de- 


predations during   the  Black  Hawk  war  in  183  J  and  1S32  : 
were  ordered  to  be  printed. 


which 


PETITIONS. 


Mr.  CRITTENDEN  presented  the  memorial  of  Richard  M. 
Johnson,  praying  compensation  for  the  buildings  erected  at  his 
expense,  for  the  use  of  the  Choctaw  Academy  ;  which  was  refer- 
red to  the  Committee  on  Indian  Affairs. 

Mr.  WESTCOTT  presented  a  petition  of  citizens  of  Milton  in 
the  State  of  Florida,  praying  that  the  public  lands  may  be  divided 
in  equal  proportions  for  the  free  use  of  the  citizens  of  the  United 
States  ;  which  was  referred  to  the  Committee  on  Public  Lands, 
and  ordered  to  bo  printed. 

Mr.  MILLER  presented  the  memorial  of  Hezekiah  L.  Thistle, 
representing  that  injustice  has  been  done  him  by  the  Commissioner 
of  Patents  in  granting  to  a  subsequent  applicant  a  patent  for  an  in- 
vention claimed  by  him,  and  praying  that  the  Commissioner  may 
be  directed  by  law,  to  issue  a  patent  to  him  for  said  invention  ; 
which  was  referred  to  the  Committee  on  Patents  and  the  Patent 
Office. 

Mr.  CLAYTON  said  :  I  have  the  honor  to  present  the  memorial 
of  Passed-Mid.  Rogers,  asking  compensation  for  losses  and  inju- 
ries received  in  the  service  of  his  country.  His  memorial  is  couch- 
ed in  terms  as  modest  and  unassuming  as  they  are  respectful  to 
Congress,  and  glances  at  the  leading  incidents  of  an  eventful  story 
of  daring  enterprise  and  heroic  fortitude,  in  captivity  and  distress, 
to  which  there  can  scarcely  be  found  a  parallel  in  the  annals  of  the 
war.  I  shall  ask  of  the  Senate  that  this  memorial  be  printed,  in 
order  that  he  may  liave  the  full  benefit  of  his  own  statement  ;  and 
I  now  propose  to  make  a  few  remarks  in  relation  to  the  claim 
which  he  ]ircsonts,  for  the  purpose  of  drawing  the  attention  of  the 
Chairman  of  the  Committee  on  Military  Affarrs,  and  the  members 
of  it,  to  the  facts  of  the  case,  because  I  suppose  that  is  the  com- 
mittee to  whom  the  memorial  may  most  apdropriately  be  referred. 
This  young  olljJ^was  one  of  the  daring  few  who,  in  the  month  of 
November,  ]8^^'ero  distinguished  for  cutting  out  and  destroying 
the  Mexican  barque,  "  Creole,"  then  mooret)  under  the  guns  and 
fastened  to  the  walls  of  the  fortress  of  St.  Juan  d'Ulloa.  Subse- 
quently to  the  destruction  of  that  vessel,  the  naval  commander  un- 
cler  whom  Mr.  Rogers  served,  was  desirous  that  a  {econnoisance 
should  he  made  of  the  localities  in  the  vicinity  of  Vera  Cruz, 
as  well  for  the  purpose  of  aiding  a  land  attack  as  of  destroy- 
ing the  enemy's  depot  of  ammunition,  and  this  young  sailor 
volunteered  with  a  few  others — a  small  boat's  crew — to  perform 
this  dangerous  service.  On  three  successive  nights  this  small  par- 
ty penetrated  the  dense  chapparcl  in  the  neighborhood  of  the  city 
of  Vera  Cruz,  made  a  complete  reconnoisance  of  all  the  ob- 
jects of  importance  which  they  were  sent  to  examine,  and  after- 
wards reported  complete  drawings  of  the  localities  around  the  city, 
which  were  held  by  General  Worth  to  be  of  great  value,  as  he  oc- 
cupied, in  the  investment  of  the  city,  the  particular  spot  which  was 
the  subject  of  this  investigation.  It  was  during  this  reconnoisance, 
on  the  last  night  of  it,  that  Mr.  Rogers  was  captured  by  a  band  of 
Mexican  guards  ;  and  liis  capture  was  undoubtedly  owing  to  his 
own  generous  impulse  in  saving  a  brother  officer.  On  that  occa- 
sion he  narrowly  escaped  death  at  the  moment  of  his  capture,  in 
consequence  of  the  exasperated  feelings  of  the  Mexicans  conse- 
tpient  on  the  tlcstruction  of  the  "Creole."  He  was  carried  that 
night  to  prison  in  Vera  Cruz,'  where  he  remained  four  days  and 
nights  without  sustenance,  in  a  cell  swarming  with  vermin,  and 
where  the  only  intelligence  that  reached  him  was,  that  he  had  been 
condemned  to  ilc.ath  as  a  spy,  by  a  civil  tribunal,  the  sole  evidence 
oft'ered  before  it  being  to  the  effect,  that  he  was  the  leader  of  the 
party  engaged  in  cutting  out  and  destroying  the  "  Creole."  He 
then  remained  in  constant  expectation  of  death  for  many  weeks, 
and  when,  as  he  thought,  his  death-summons  was  cominj;,  his  only 
answer  to  it  was  the  rctpiest,  that  he  might  avoid  the  Mexican  mode 
of  killing  a  man  behind  his  back,  and  meet  death  as  an  American, 
who  cotild  look  it  in  the  face.  He  remained  in  that  state  of  sus- 
pense for  a  long  period  ;  his -imprisonment  at  Vera  Cruz  lasting  for 
three  months.  For  .some  reason  the  bloody  sentence  which  had 
been  recorded  against  him,  was  never  executed,  and  a  military 
commi.ssion  was  ordered  to  sit  upon  his  case.  When  Gen.  Scott 
was  advancing  to  invest  Vera  Cruz,  Mr.  Rogers  was  marched  on 
foot  from  that  city  lo  Perote,  and  confined  in  ihe  noxious  cells  of  ihal 
fortress.  As  the  American  army  advanced  into  Mexico,  he  was 
again  removed  and  conveyed  to  Ptiebla.  All  his  property  had  been 
lost  in  the  wreck  of  the  Somers,  and  that  which  was  conferred  up- 
on him  by  the  hand  of  IViemlship  or  charily  was  taken  from  him  by 
the  robbers  ;  whilst  his  life  was  at  the  same  lime  in  conslaiit 
peril  from  the  excited  state  of  public  feeling  against  our  coun- 
trymen. At  a  short  distance  from  Puebla  the  incensed  rab- 
ble stoned  him,  and  on  that  occasion,  also,  he  narrowly  esca- 
ped  death.     Owing  to  this  excited  state   of  public  feeling,   his 


February  11.] 


PETITIONS— RESOLUTIONS. 


265 


iTuard  was  compelled  to  remain  with  him  within  a  league  of 
Puebia  till  midnight,  lest  ho  should  bo  torn  to  pieces  by  the 
exasperated  populace  in  the  city.  When  taken  to  Puebia,  in  so 
Teat  peril  was  he,  that  the  foreign  residents  of  that  state  inter- 
ceded in  his  behalf,  and  obtained  an  order  for  his  removal  to  the 
city  of  Mexico.  In  rags  and  wretchedness  he  was  marched  to  the 
capital,  where  he  remamed  a  prisoner  until  intellim3nce  of  the  bat- 
tle of  Cerro  Gordo  arrived,  wlien  (acneral  Santa  Anna,  the  hero  of 
the  Alamo,  ordered  his  victim  to  be  conveyed  still  further  into  the 
interior.  Knowing  that  death  would  be  tlie  consequence  of  that 
removal,  he  made  a  successful  elfort  to  escape.  Always  in  infi- 
nite pcnl,  he  made  his  way  in  Mexican  disguise,  being  often  sub- 
jected to  examination  from  bands  of  guerillas  and  Mexican  guards, 
until  he  reached  the  jilains  which  led  him  to  Puebia,  where  Gene- 
ral Scott  was  preparing  with  his  victorious  army  to  advance  upon 
the  city  of  Mexico.  From  his  knowledge  of  the  localities  in  the 
neighborhood  of  Mexico,  and  the  numbers  and  condition  of  the 
Mexican  forces,  Mr.  Rogers  was  now  enabled  to  give  valuable  in- 
formation to  the  Commandcr-ni-Chief ;  and  his  character  for  cou- 
rage and  intelligence  being  well  known,  he  was  employed  as  a  vo- 
lunteer aid-dc-oamp  by  General  Pillow,  and  in  all  the  bloody  ac- 
tions which  succeeded  he  was  distinguished  as  amongst  the  bravest 
of  the  brave.  The  despatches  of  the  commanding  general,  whose 
aid  he  was,  fully  attest  his  cliaracter  for  skill  and  gallantry,  and 
recommend  him  in  the  strongest  terms  to  the  notice  of  the  Cora. 
mander-in-Chiof,  bestowing  upon  him  as  high  eulogiums  as  on  any 
other  oltioer  of  his  division.  Engaged  in  all  the  other  actions  in 
the  field,  Mr.  Rogers  was  particularly  distinguished  for  his  con- 
duet,  as  his  brother-officers  relate,  in  the  storming  of  Chepultepee, 
where  he  was  one  of  the  seven  who  lirst  mounted  the  walls  of  that 
fortress,  and  planted  the  standardof  his  country  over  "the  Halls  of 
the  Montezumas."  The  sailor  has  now  returned  from  the  wars, 
but  no  brevet  commission  awaits  him,  because  the  deck  was  not 
the  field  of  his  fame.  He  has  earned  his  laurels  upon  the  land,  but 
although  promotion  may  not  attend  him  for  the  service  which  he 
performed  upon  land,  his  claims  for  justice  are  strengthened  by  this 
service  ;  and  the  only  object  which  I  have  in  view  on  this  occasion, 
is  to  commend  his  claims  for  sheer  justice  to  the  consideration  of 
the  Committee  on  Military  AlRiirs.  I  think  that  a  stronger 
case  could  scarcely  be  presented  for  the  consideration  of  an 
American  Congress.  I  do  not  undertake  to  point  out  the 
mode  or  measure  of  redress  which  the  case  demands.  I  leave 
that  to  the  abUity,  the  patriotism,  the  benevolence  of  the  gentle- 
men of  the  Military  Committee.  Wo  all  unite  in  commendation  of 
those  of  our  countrymen  who  have  been  distinguished  in  this  war. 
We  are  accustomed  to  rejoice  over  the  achievemeBts  of  our  coun- 
trymen in  Mexico,  without  reference  to  party  distinctions.  When 
the  gallant  dead  are  brought  from  Mexico  to  their  home,  we  follow 
the  hearse,  "the  war  horse  and  the  muffied  drum,"  and  unite  in 
signifying  to  the  world  that  the  whole  nation  sorrows  for  the  fall- 
en. I  hope  that  the  same  feeling  which  is  so  successfully  invoked 
in  behalf  of  the  memory  of  the  gallant  dead,  may  be  manifested  to 
the  living,  and  that  when  the  pensioner  shall  return  from  Mexico — 
the  crippled  and  war-worn  soldier — claiming  his  dues,  wo  shall  be 
ready  to  award  to  them  just  compensation  for  the  services  which 
they  have  rendered  to  their  country.  I  hope  it  may  never  be  said 
of  us, 

"  How  proud  they  can  press  to  the  funeral  array  ' 

Of  him  whom  they  shunned  in  his  sickness  and  sorrow; 

And  hiiihtFs  ninv  seize  his  last  blanket  to-day 

Whose  i)all  shall  be  borne  up  by  statesmen  to-morrow  !" 

I  move  that  the  memorial  be  printed  and  referred  to  the  Com- 
mittee on  Military  Aflairs. 

The  reference  to  the  ooiuraittee  was  then  unanimously  ordered. 

Mr.  HALE. — The  other  day  a  memorial  was  presented  by  the 
honorable  Senator  from  Ohio  (Mr.  Corwin)  in  favor  of  peace, 
and  the  Senate,  as  I  understand,  on  the  score  of  economy,  refused 
to  allow  it  to  be  printed.  On  a  subsequent  day,  the  Senator  from 
Massachusetts  (iVIr.  Davis)  presented  a  meinorial  coming  from  the 
large  and  highly  respectable  body  of  Friends  in  the  New  England 
States,  very  brief  and  respectfid,  praying  that  measures  might  be 
taken  to  bring  about  a  speedy  peace.  It  was  also  refused  to 
print  that  memorial,  on  the  ground  of  expense.  I  hope  that  the 
same  rule  will  be  applied  to  those  memorials  which  ask  for  action 
in  favor  of  war,  or  of  those  who  have  performed  what  are  styled 
meritorious  services  in  war.  I  hope  that  we  will  show  some  uni- 
formity of  action  in  regard  to  this  matter;  so  that  if  those  memo- 
rials asking  for  action  which  seems  to  imply  approbation  of  the 
principles  avowed  in  them  in  favor  of  the  war,  be  printed,  'the 
Senate  will  not  refuse  the  same  measure  of  justice  to  memorials 
which  come  not  from  private  individuals,  but  large  bodies  of  chris- 
tians, asking  the  government  to  do  something  towards  the  resto- 
ration of  peace.  For  this  reason  I  ask  for  the  yeas  and  nays  on 
the  question  of  printing  this  memorial. 

Mr.  TURNEY. — I  think  it  is  necessary  to  take  in  this  instance 
the  course  which  has  been  heretofore  adopted  in. similar  cases. — 
I  move  a  reference  to  the  Committee  on  Printing. 

The  reference  was,  of  course,  ordered,  the  rule  requiring  it  if 
one  member  object. 

FORTIFICATION    IN    LOUISIANA. 

Mr.  JOHNSON,  of  Louisiana,  submitted  the  following  resolu" 
tion,  which  was  considered  by  unanimous  consent  and  agreed  to: 
30th  Cong.— 1st  Session— No.  34. 


Rcmlcci,  That  the  CommtUee  on  Military  Affairs  be  instructed  to  iu(|oire  m 
to  tlia  expediency  of  makinj!  an  appropriation  for  llie  construclion  of  a  fortltica«lo» 
at  Proctor'j  Landing  on  Lake  Borgne  in  lire  State  of  Louisiana. 

ADJOURNMENT  OVER. 

On  motion,  it  was 
Ordered,  That  when  the  Senate  adjourn  it  bo  to  Monday  next. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President:  The  House  of  Representatives  have  passed  the  bill  of  the  Senate  en- 
titled "An  act  to  auUiorize  the  issuing  of  a  register  or  enrolment  to  the  schooner 
Robert  Henry." 

The  House  of  Representarives  have  appointed  John  W.  HorsTox,  of  Delaware 
LucitTs  B.  Pkck,  of  Vermont,  the  Coinniittee  on  Ejiroticd  Bills,  in  the  absence  of 
Mr.  HahI'Ton  and  Mr.  Robinson. 

THANKS    TO    GENERALS    SCOTT    AND   TAYLOR. 

Mr.  CASS,  from  the  Committee  on  Military  Afi'airs,  to  whom 
was  referred  the  joint  resolution  from  the  House  of  Representa- 
tives, expressive  of  the  thanks  of  Congress  to  Major  General  Win- 
field  Scott  and  the  troops  under  his  command  for  their  distinguished 
gallantry  and  good  conduct  in  the  campaign  of  1847;  and  the  joint 
resolutions  from  the  House  of  Representatives  of  thanks  to  Major 
General  Taylor,  reported  them  without  amendment. 

PRIVATE    BILL. 

Mr.  CASS,  from  the  Committee  on  Military  Affairs,  to  whom 
was  referred  the  petition  of  John  Caldwell,  reported  a  bill  for  his 
relief;  which  was  read  and  passed  to  the  second  reading. 

CLAIMS    FOR    LOSSES    IN   THE    FLORIDA    WAR. 

Mr.  WESTCOTT,  from  the  Committee  of  Claims,  reported  a 
bill  providing  for  the  obtaining  of  testiinony  in  relation  to  claims 
for  losses  sustained  in  the  late  Florida  war;  which  was  read  and 
passed  to  the  second  reading. 

FOREIGN   FUGITIVES    FROM    JUSTICE. 

Mr.  DAYTON,  from  the  Committee  on  the  Judiciary,  who 
were  instructed  to  inquire  mto  the  subject,  reported  .a  bill  for  giv- 
ing effect  to  certain  ti-eaty  stipulations  between  this  and  foreign 
governments,  for  the  apprehension  and  delivery  up  of  certain  offend- 
ers; which  was  read  and  passed  to  the  second  reading. 

Mr.  DAYTON  remarked  that  as  it  was  desirable  that  speedy 
action  should  be  had  upon  this  fill,  he  would  avail  himself  of  the 
earliest  opportunity  which  might  be  presented  for  calling  it  up. 

JOHN   p.    BALDWIN. 

Mr.  MASON,  from  the  Committee  of  Claims,  tg  whom  was 
referred  the  petition  of  John  P.  Baldwin,  submitted  a  report  ac- 
companied by  a  bill,  for  his  relief. 

The  bill  was  read,  and  passed  to  a  second  reading. 

Ordered,  That  the  report  be  printed. 

FLORID.A    VOLUNTEERS. 

Mr.  YULEE,  by  unanimous  consent,  asked  and  obtained  leave 
to  bring  in  a  bill  to  autliorize  the  payment  of  certain  companies  of 
Florida  Volunteers;  which  was  read  the  first  and  second  times  by 
unanimous  consent,  and  referred  to  the  Committee  on  Military 
AfTairs. 

INCREASE    OF    THE    MEDICAL    STAFF. 

On  motion  by  Mr.  MANGUM,  it  was 

Ordered,  That  a  message  be  sent  to  the  House  of'  Representa- 
tives to  request  the  return  of  the  bill  for  an  increase  of  the  medical 
staft"  of  the  array  for  a  liraited  time. 

TH.INKS    TO    GENERAL    SCOTT. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  joint  resolution  from  the  House  of  Representatives, 
expressive  of  the  thanks  of  Congress  to  Major  General  Winfield 
Scott,  and  the  troops  under  his  command,  for  their  distinguished 
gallantry  and  good  conduct  in  the  campaign  of  1847  ;  and  no 
amendment  being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  resolution  was  read  a  third  time,  by  unanimous  con- 
sent, and  the  question  bemg  on  its  passage — 

Mr.  HALE. — I  have  no  disposition  to  trespass  on  the  attention 
of  the  Senate,  but  I  cannot  suffer  the  question  to  be  taken  without 
expressing  the  grounds  of  my  opposition  to  the  passage  of  this 
resolution.  In  doing  so  I  have  no  object  in  view  except  to  mani- 
fest consistent  opposition  to  the  war  in  all  its  phases — in  all  its 
aspects — and  in  whatever  way  it  can  bo  presented.  I  feel  con- 
strained to  record  my  vote  against  the  passage  of  this  resolution, 
because  I  cannot,  by  any  possibility,  by  any  sophistry,  separate  in 
my  mind  a  vote  of  thanks  to  those  officers  for  the  agency  which 
they  have  had  in  the  war,  from  an  approval  of  the  war  in  which 
they  are  engaged.    I  do  not  propose,  at  this  time,  to  repeat  to  the 


S66 


TITANKS  TO  GENERAL  SCOTT. 


[Friday, 


Senate  my  eonvli'tinns  as  to  the  character  of  this  war  because  I 
have  already  siilficiently  expressed  those  convictions.  I  <!"--ireon-' 
ly  to  vindicate  the  propriety  of  the  course  which  I  pro)i..--^c  to  take 
upon  this  occasion  Let  nie  invite  the  attention  uf  the  tienatu  to 
a  proceedin;;  parallel  to  this  which  occurred  in  the  British  Parlia- 
ment, on  a  proposition  to  thank  the  officers  cngaj;ed  in  the  Ameri- 
can war  for  the  services,  which  they  had  rendered  to  the  mother 
country  against  the  people  of  the  colonics.  By  reference  to  the 
"British  Annual  Register,"  we  find  that  on  the  27tli  of  November 
I78I,  a  motion  was  made  in  the  House  of  Commons  that  the 
thanks  of  the  House  shonld  be  given  to  Sir  Honry  Clinton,  Knight 
of  the  Bath,  for  tlie  important  services  rendered  by  him  and  troops 
under  bis  command,  in  the  reduction  of  Charlestown;  and  that  the 
thanks  of  that  house  should  also  be  given  to  earl  Cornwallis,  for 
the  signal  and  meritorious  services  he  had  done  to  his  country,  by 
the  most  glorious  victory  obtained  by  him  over  the  American  rebels 
at  Camden. 

"  ,f\Ir.  Wilkes  ilp<,-larcrl.  that  hp  tliouglit  it  his  duty  (o  oppose  the  niution,  as  original- 
ly iiiteuili-tl.  respecting  only  Ipnl  Cornwallis.  anil  alf  the  subseijuent  aniendnlenls;  he- 
cause  in  his  idea,  every  part  of  it  conveyed  an  approbation  of  the  American  war;  a 
war  unibundefl  in  prinr?iple,  and  fatal  in  its  consequences  to  this  country,  lie  had  con- 
domned  if.  hesaid,  at  the  heiiinning.  and  had  regularly  opposed  it.s  progress  in  every 
stage,  both  in  and  nut  of  parliapnent.  The  eminent  and  very  iinportanl  ser\'ices  to  Iiis  ma- 
jesty and  thiscountrv.  nietitioficil  in  the  motion,  he  entirely  disapproved,  and  eonse- 
fjuentiy  should  withdoM  his  thanks  and  gratitude,  wjierehediil  not  think  them  wanted, 
in  a  war  of  glaring  injustice  and  wretched  policy." 

On  this  motion  Mr.  Fox  addressed  the  House,  and  I  beg  to  read 
.  a  short  extract  from  the  report  of  the  debate  ; 

"lie  alio"  I'd  the  merits  of  the  oiKcersnow  in  qiiestion.  but  he  made  a  distinction  be- 
tween thanks  and  prai^c.  lie  miglit  admire  their  va!or,  butlle  could  not  separate  the 
intention  from  the  action;  they  were  united  in  his  mind;  there  they  formed  one  whole, 
and  he  would  not  attempt  to  divide  them.  He  would  not  vote  the  thanks  of  the  House  to 
any  admiral,  while  the  navy  of  Kngland  was  in  such  bad  liands." 

It  seems  to  me  that  that  is  the  only  consistent   course  of  action 
for  those  who  disapprove  of  this  war,  in  all  its  stages  and  aspects, 
and  in  every  possible  way  in  which  it  can   be  presented.      I   hold 
that  that  is  the  only  consistent  ground  for  those  who  maintain  that 
this  war  has  been  wrong  in  its  beginning,  wrong  in  its  prosecution, 
wrong  in  the  objects  to  which  it  looks,  and  wrong  in  the  means  by 
which  it  is  hoped  to   attain  those  obj'ects.      Entertaining  such   a 
view  of  duty  on  this  occasion,  I  cannot  give  thanks  to  any  bodv  for 
any  agency  in  this  war,  except  such  agency  as  tends  to  brino'it  to 
an  immediate  termination.     Any  judicious   efforts,  here  01°  else- 
where, to  b.ing  this  war  to  a  close — to  a  speedy  and   honorable 
close,  will  command  my  earnest  and  most  cordial  thanks;  but  I  have 
no  thanks  to  olfer  those  who  have  been  employed  in  the  prosecution 
of  a  war  which  I  believe  to  be  thus  unjust  from  its  commencement. 
Nor  can  I  accede  to  another  proposition  which  I  have  heard  main- 
tained with  a  good  deal  of  energy  here  and  elsewhere — that  an  of- 
ficer of  the  army  or  navy  has  no  discretion — that  he  is  a  mere  ma- 
chine.of  the  administration — that  it  is  .to  say  "go"   and   he  goeth  • 
"come"  and  ho  cometh,  without  attaching  to  himself  any  share   of 
moral  responsibility  for  the  character  of  the  transaction  in  which 
he  is  engaged.     I  do  no  believe  in  any  such  doctrine.     I  do  not  be- 
lieve that  officers  of  the  army  or  navy  arc  such  machines,  and  tha-t 
by  receiving  ctTmraissions  in  either  service,   they  divest  themselves 
of  all  responsibility  for  the  character  of  the  transactions  in   which 
which  they  may  be  engaged  in  pursuance  of  the  orders  which  they 
receive.     There  is  one  bright  page  in  the  history   of  the  English 
army,  which  I  think  might,  with   great  propriety,  be  commended 
to  the  thoughtful  consideration  of  every  gentlcmari  who  thus  rep- 
resents the  otfieers  of  the  anny  as  irresponsible   machines.     It  is 
found  in  the  history  of  the  Earl  of  Effini^iam,  a  distinguished   offi- 
cer of  the  British  army,  and  a  member  of  the  House  of  Peers.  He 
was  the  colonel  of  a  regiment  in  the  British  service,  when  he   ne- 
ceived  orders  to  join  the  army  about  to  embark   for   America,  and 
fight  the  rebels  at  Charleston  and  Camden.     His  conduct  on   that 
occasion  was  worthy  of  all  cotninendation  ;  and  would  to  God  that 
we  had  had  some   one  who  inheriting  a  portion  of  his  spirit,  when 
the  order  of  this  administration  was  issued,  directing  the   advance 
of  the  troops  to  the  Rio  Grande,  would  have  followed  so  illustrious 
an  example  !     The  story  is  briefly  told  in   the    ''Annual  Register" 
for  the  year  1776,   and  with  the  indulgence  of  the  Senate,  ^I  will 
read  it : 

"The  Earl  of  Kiringhain,  who*  luilitarv  genius  had  led  him  when  a  vouth  into  the 
army,  and  had  since  prompted  him  to  ripeii  theory  into  e.vperience  \llietever  teal  ser- 
vice was  10  he  lound.  by  .-icting  as  a  volunteer  in  the  war  lietween  the  Russians  and 
inrks,  liau  since  his  return,  as  a  peer  in  parliament,  uniformly  opposed  the  whole  sys- 
tem ot  measures  pumued  againsl  llie  Americans,  and  finding,  at  length,  that  the  re"i- 
r,w!,"h'S"e1™ '',"""'  ™f  "'I'"''"'  '■"'  "«  American  service,  thought  it  inconsist- 
ent with  11,  cliaraeter,  and  unliecoining  of  his  dignity,  to  enforce  mrasnres  will,  his 
sword,  which  he  hail  ,0  ulterlv  condemned  in  his  legisl.itB'e  capacity.     He  aceorilinglv 

X°erruhi';^'wih'wi;,''f'r'''''  ";?  S''-''l";'"7,"  war,  in  which  having  ,leclared.1-I 
cheerluluess  with  wliieli  he  would  saerilice  life  and  fortune  in  support  of  the  safety 

mine  nl^'wh'  S'l'Iii  ?.    '"'  .'V''-'''"^';  T™"  ""''  l'"^""'  '"■  o''*"'-"  ''">'  "-  ''"^ 

on  r„  .he  Kft^r   wn,    I '    !''  'V,^  V'"'  "'«''  ™iill«">lde  sentiments  of  duty  and  alTec 

!-?".[?..■.,      ?,■;,"  .'-''V%'''"'>  '"''einstruniental  ■     '      '  "^ 


peoiile  of  those  lihcrtii 
to  Ills  government.     It 


,.,,     ,    ^  ,  -    -    -■- ......priving  anv  part  of  his 

winch  form  the  best  security   for  iheir  liilehtv  and  obedience 
evpre-sed  the  deepest  regret,  and  greatest  morllllcalion,  at  being 


n\  y  or  ambi- 
his  Majesty  and 
aleutated  to 


stn  K  and  !  r     tl '  ot^w'h,','l,"rr„''  '","^',^"'",'''«  "^  '"'  ••"«-"-  for  manv  ages,  to  the 

the  service  eutilleil  him  to,  the  rig  i  f^e  lm"  w  i  he  ^il']  "'."''i'"''  '''■■  ™",°'",  "' 
he  nligh.  he  allowed  to  ri'taii,  his  ran'k  iiffc  Z'Z.  U..-'t'sv,i°i:?  .'•,,:  '""''""'■  """ 
tlon  ot  loreign  powen  should  reiiuire  it.  he  might  he  enabled  to  se  ve 

d"  U°»^t'l?'ei're     "■  "■'"''  '"  "'"        °''  ""  """"''  ''°  "'°"»'"  ''■'""■"'  '" 

That  was  the  course  taken  by  that  distinguished  officer  of  the 
British  army  when  he  received  orders  IVimi  the  crown  to  embark 
on  a  service  which  did  not  commend  itself  to  his  moral  sentiments 
If  there  could  have  been  found  within  the  ranks  of  the  American 
army,  an  officer  entertaining  such  exalted  ideas  of  duty  and  digni 


ty  as  that— who  did  not  merge  the  man  in  the  officer,  and  who 
could  have  told  the  administration  that  he  respected  his  own  con- 
victions of  truth  and  duty,  and  could  not  yield  obedience  to  an  ar- 
bitrary mandate,  I  would  have  thanked  htm  and  thanked  God  that 
he  had  given  us  such  a  man.  But  I  can  record  no  vote  of  thanks 
to  any  of  the  officers  of  this  ariuy,  having  been  engaged  in  a  con- 
test which  every  feeling  of  my  heart,  and  every  dictate  of  my  judg- 
ment condemns.  The  resolution  speaks  of  glory.  That  glory'^I 
look  upon  :is  our  shame  !  We  have  won  no  glory  in  this  war  which 
I  desire  to  share,  for  it  has  been  acquired  in  a  cause  -which  I  be- 
lieve has  not  been  sustained  by  justice,  and  there  can  be  no  crlory 
without  justice.  There  can  be  glitter  and  there  can  be  glare"  but 
no  glory  separate  fromlruth,  righteousness  and  justice";  and  be- 
lieving that  the  -whole  of  this  transaction  from  beginninf^  to  end 
instead  of  adding  any  thing  to  our  national  glory,  has  Tletracted 
from  it — that  instead  of  clothing  our  national  character  with  just 
renown,  it  has  rendered  our  name  a  shame  and  a  reproach  to  the 
friends  of  free  principles  wherever  the  history  of  our  doinn-s  in 
Mexico  are  known— I  must,  as  one  humble  individual,  witlThold 
now  and  forever  any  vote  ol  thanks  or  approbation  to  those  who 
have  been  instrumental  in  carrying  on  that  war. 

Mr.  UNDERWOOD.— I  differ  very  much  on  this  subject  from 
the  gentleman  who  has  just  taken  his  seat ;  and  the  remarks  which 
he  has  made  give  me  an  opportunity  of  placing  myself  right  before 
the   Senate   and   elsewhere.     I  believe,  as    he  does,  that  this  war 
was  improperly  and  unconstitutionally' commenced.     But  does  it 
follow,  because  I  entertain  that  opinion,  that  the  officers  and  sol 
diers  engaged  under  the  direction  of  the  government,  are  not  enti- 
tled to  the  thanks  of  the  country  for  the  performance  of  their  du- 
ty? Upoii  what  ground  has  the  gentleman  before  me  placed  it?  He 
gave  ail  instance  of  an  English  officer,  who,  sooner  than  draw  the 
sword  in  execution  of  the  orders  of  his  Government,  resigned  his 
post.     Does  that  apply  to  the   soldiers  who  enlist  during  tTie  war, 
or  for  five  years  ?     Can  they  resign  ?     No.     Their  hancis  are  tied. 
They  are  compelled  to  obey  the  orders  of  their  officers  ;  and  would 
the  gentleman  erect  a  diffijrcnt  standard  of  honor  for  the  soldiarin 
the  ranks  and  the  officer  who  commands  ?     The  British  officer  to 
whom  he  alluded  might  have  had  an  estate  to  which  to  retire  ;  the 
circumstances   in    which   he  was  placed  may  have  enabled  him  to 
take  the  course  which  he   did  ;  but  not  so  in  regard  to  the  officers 
of  our.  army.     I   ask,   then,   if  the   position  of'thc  gentleman  in- 
volves any  thing   more   than   this,  that   the  officers  and  soldiers  of 
the  army  are  to  obey  orders  according  as  they  may  conceive  them 
to  comport  with  moral  principles  or  not  ?     If'that  is  to  be  the  rule, 
what  is  to   be  the  condition  of  the   government  of  the  army  ?     It 
amounts  to  a  dissolution  of  that  government  at  once.     My  position 
as  a  legislator  is  one  thing.     I  act   upon   principle,  I   attempt  to 
give  such  a  direction  to    public    affairs   as  in    my   judgment,  ri"ht 
principle  demands.     But  as  a  citizen,  I   am  bound   to  yield  obedi- 
ence to  the  law.     After  the  legislature  has  acted,  it  is  the  duty  of 
the  citizen  to  comply  with  the   legislative  prescriptions.     I  have 
ahvays  repudiated   the   idea  of  an  inferior   tribun.al,  executive  or 
legislative,   setting  itself  up  to  expound  the  law,  and   act  just  as 
it  understands  the  requireiuents  of  the  case, — as  being  entirely  op- 
]iosed  to  republican  principles,  and  the  good  order  of  society .  I  tliink 
that  if  this  legislature  should  express  its  dctcmination  to  conquer 
the  whole  of  Mexico,  the  citizens  would  be  bound  to  submit.     As 
a'legislator,  I   would  feel  it  to  be   my  duty   to  oppose   to  the  very 
utmost,  such  a  determination.     But  if  it  were  once  so  decided,  con- 
stitutionally or  uncsnstitutionally,  there  would  then  be  nothing  left 
but  submission.     It  would  be  my  duty  to  submit  in  that  case.  How 
is  it  with  the  army  ?     The  army  is  bound  to  execute  the  orders  of  the 
government,  and  if  it  execute  them  in  the  gallant  sivie  which  has 
characterized  the  operations  of  our  troops  in  Mexico",  it  is  entitled 
to  the   thanks  of  every  man   whose  heart    beats   with  -worthy  im- 
pulses.    It  has  been  remarked  here,  and  I  think,  with  great  truth 
and  propriety,  that  the  honor   whieh  the  army  lias  -won,  has  given 
strength  to  the  country,  and  that  that  is  perhaps  the  only  thing  which 
■we  have  gained  by  this  war;  and  that  but  lor  tlie  acquisition  of  honor 
of  the  army,  the  whole  war  from  the  begiiming   to  end,  instead  of 
being  matter  of  exultation,  would  have  been  the  subject  of  lastino- 
lamentation.     I  therefore  think  it  to  be  my  duty  to  vote  chcerfuUv 
for  this  resolution,  and  to  accord  to  the  officers  and  soldiers  of  the 
army,  my   thanks,  for  the   manner   in  which   tlicy  have  performed 
their  duty.     I'he  war   has  not  been   their  act,    they  are  the  mere 
agents  of  the  Executive  in  carrying  on  the  war. 

Mr.  BUTLER. — I  am  somewhat  astonished  at  the  views  taken 
by  the  gentleman  from  New  Hampshire.  Yet,  perhaps  I  ought 
not  to  be  astonished  this  morning  at  the  views  which  he  has  ex- 
])ressed,  when  I  refer  to  the  peculiar  opinions  which  he  introduced 
on  another  subject  a  few  days  since.  We  are  now  making  mate- 
rials for  history;  and  the  gentleman  from  New  Hampshire  has 
maintained  that,  instead  of  returning  our  thanks  to  the  officers  and 
men  for  their  good  conduct,  gallantry  and  skill  in  the  operations 
of  this  war.  not  under  the  ordcr.s  of  the  President,  but  under  the 
national  flag,  they  should  bo  regarded  by  us  as  deserving  the  last- 
ing reproach  of  history.  Where  dues  the  gentleiiKiu  learn  his 
lessons  upon  subjects  of  this  kind  >  Am  I,  here  in  tlio  Senate  of 
the  United  States,  to  be  told  that  those  who  have  fallen  in  conse- 
quence of  yielding  obedience  to  the  dictates  of  patriotism  a.e  to 
have  reproach  and  infamy  cast  upon  their  graves  ?  Am  1  to  be 
told  that  those  who  have  obeyed,  perhajis  reluctantly  obeyed,  the 
orders  of  the  commander-in-chief  in  embarking  in  this  war,  are  not 
entitled  to  our   thanks  for   maintaining   the  honor,  the   historical 


February  11.] 


THANKS  TO  GENERAL  SCOTT. 


267 


reputation  of  this  country  abroad ?  And,  yet,  such  are  the  senti- 
ments of  the  gentlemiin  from  New  Hampshire.  I  solemnly  be- 
lieve that  General  Taylor,  more  perhaps  than  any  other  single  in- 
dividual in  this  country,  is  entitled  to  our  thanks  for  saving  the 
lives  not  only  of  his  own  troops,  but  the  lives  of  those  sent  on  this 
expedition.  Every  battle  that  was  fought,  it  seems  to  mo,  re- 
sulted almost  in  a  miraculous  escape  from  the  overwhelming  dis- 
aster which  seemed  to  be  impending  over  our  army.  If  lie  had 
failed  at  Buena  Vista,  it  is  almost  certain  that  the  troops  under  com- 
mand of  General  Scott  would  have  been  destroyed  by  the  Mexican 
hosts  which  surrounded  them ;  and  I  yet  am  told  that  those  who  saved 
the  lives  of  our  troops — who  w'cnt  forth  under  our  national  flag 
are  by  thesolemn  judgment  of  the  Senate  to  be  condemned  because 
when  ordered  so  pass  into  the  enemy's  country,  with  craven  indif. 
ference  to  honor — in  traitorous  violation  of  their  duty — they  did  not 
retire  and  give  up  their  commissions !  Yes,  the  gentleman  would 
have  had  those  olliecrs  to  resign  in  the  face  of  llie  enemy.  I  be- 
lieve his  doctrine  goes  so  far,  and  that  it  would  be  consistent  with 
his  notions,  that  the  officers  and  men  should  receive  p.ay  whilst 
they  are  guarding  garrisons,  but  retire  the  moment  that  the  order 
to  encounter  the  perils  of  war  was  issued.  According  to  his  idea, 
they  are  to  bo  judges  of  the  justice  and  propriety  of  the  war.  I 
do  not  know,  however,  that  the  ideas  which  the  gentleman  has  just 
now  expressed,  are  at  all  different  from  some  which  I  heard  the 
other  day,  and  to  which  I  shall  now  take  the  opportunity  to  advert. 
The  very  first  remark  which  I  heard  from  that  gentleman  in  this 
Seriate-house,  was  to  maintain  that  whilst  science  in  adveniurous 
experiment  was  soaring  to  heaven,  and  making  discoveries  in  the 
bowels  of  the  earth,  refuting  the  Mosaic  cosmogony,  he  was  not 
allowed  to  present  memorials  on  your  table  for  the  suicide  of  this 
confederacy.  Such  was  the  doctrine  then  maintained  by  the  gen- 
tleraan^that  he  was  forbidden  to  present,  on  your  table,  memorials 
and  petitions  wliich,  if  they  had  heen  acted  upon,  would  have  re- 
sulted in  the  immediate  infamous  suicide  of  this  confederacy. 
What  did  the  gentleman  then  maintain  ?  Nothing  at  all  different 
from  that  which  he  now  asserts: — that  one  portion  of  this  confede- 
racy should  have  the  liberty  of  presenting  memorials  of  that  kind, 
to  alter  the  Constitution,  so  that  one  portion  of  the  confederacy 
should  be  deprived  of  those  guarantees  under  which  it  entered  the 
Union.  I  recollect  one  of  the  remarks  made  by  the  gentleman  on 
that  occasion,  and  I  hope  he  will  pardon  me  for  quoting  his  classic 
language.  He  said  that  he  had  learned  in  yankee  school-books 
not  only  to  spell  words  but  to  understand  their  meaning.  I  be- 
lieve he  said  that  so  far  as  regards  one  portion  of  the  confederacy 
— at  least  that  was  the  tendency  of  his  remarks — it  should  be  put 
under  ban  of  the  condemnation  of  the  other;  and  that  it  was  cor- 
rect in  a  representative  of  the  federal  government — I  mean  the 
Secretary  of  State — to  protest  against  the  interference  of  British 
power  so  far  as  it  affected  only  that  portion  of  the  confederacy. 
Let  me  ask  him,  suppose  the  proposition  had  been  made  to  intro- 
duce slaves  into  New  Hampshire  to  the  exclusion  of  others,  and  to 
settle  the  Maine  boundary  with  a  view  to  do  so,  would  he  or  would 
he  not  have  invoked  the  federal  powers  to  protect  that  portion  of 
the  confederacy?  But  perhaps,  sir,  I  am  now  going  beyond  the 
legitimate  limits  of  the  present  question.  I  protest  against  this 
attempt  to  east  contumely  and  reproach  upon  the  ofKcers  and  sol- 
diers who  have  obeyed  the  orders  of  this  government,  and  who  de- 
serve the  lasting  approbation  of  the  country. 

Mr.  CASS. — As  it  appears  to  be  probable  that  this  discussion 
may  be  prolonged,  and  the  hour  for  taking  up  the  special  order  has 
already  passed,  I  move  that  the  resolution  be  passed  by  infor- 
mally. 

Several  Senators. — Oh!  no.     L«t  it  be  acted  upon  now.' 

Mr.  HALE  rose. 

Mr.  CALHOUN,  (in  his  seat.) — Let  it  be  passed  over  infor- 
mally. 

The  PRESIDING  OFFICER.— Does  the  Senator  from  Michi- 
gan withdraw  his  motion? 

Mr.  CASS. — I  believe  not,  Mr.  President.  I  think  I  must  ad- 
here to  it. 

Mr.  HALE. — I  desire  only  to  say  a  few  words  personal  to 
myself. 

-Mr.  CASS. — -If  the  Senator  desires  to  make  a  personal  explana- 
tion, certainly  I  have  no  objection  to  withdrawing  the  motion. 

Mr.  HALE. — The  honorable  Senator  from  South  Carolina  says 
that  I  have  undertaken  to  cast  obliquy  upon  the  officers  of  the  Amer- 
ican army.  I  certainly  have  said  no  such  thing — I  have  intended 
no  such  thing.  I  said  that  the  officers  engaged  in  this  war  could 
never  have  ray  thanks.  I  coulJ  not  thank  them  for  anything  they 
had  done,  because  it  was  impossible,  in  my  mind  to  separate 
the  actors  in  the  war  from  the  war  itself.  Then,  simply  with  the 
view  of  showing  that  I  was  not  without  precedent  in  my  course,  I 
referred  to  a  fact  in  history,  drawing  no  inferences  whatever  from 
it.  The  severe  phillipic  which  the  honorable  Senator  has  thought 
proper  to  pronounce  upon  the  precedent  which  I  have  cited,  must 
be  directed  as^ainst  the  honored  statesmen  who  stood  up  in  the 
Parliament  of  Great  Britain,  and  maintained  the  cause  of  the 
American  colonies — the  cause  of  human  liberty  and  human  rights, 


against  the  arms  of  that  power  which  was  then  endeavoring  to  crash 
the  spirit  of  freedom,  bursting  into  life  in  these  colonies.  I  have 
not  undertaken  to  mark  out  for  a  single  individual  the  cotu-se  ha 
is  to  pursue  on  this  floor  in  reference  to  this  subject;  nor  do  I  ask 
any  to  follow  that  course  which  I  myself  adopt.  But  so  lon<T  as  I 
have  the  honor  of  occupying  a  place  here,  I  must  follow  my  con- 
victions, let  them  lead  me  where  they  will.  When  I  cannot  follow 
my  convictions,  I  will  not  come  here.  The  honorable  Senator  has 
referred  to  some  remarks  which  I  made  tlie  other  day,  upon  the 
occasion  of  presenting  a  memorial  in  reference  to  the  subject  to 
whiehllie  alluded.  I  think  that  the  Senator  undertook  to  characterizs 
that  memorial,  and  the  course  which  I  adopted  on  that  occasion, 
in  terms,  which  to  say  the  least,  if  be  had  known  all  the  facts  he 
would  not  have  employed.  What  was  the  character  of  that  me- 
morial ?  Did  it  ask  the  Senate  to  transcend  any  of  its  acknow- 
ledged powers  ?  No.  It  was  a  memorial  drawn  up  by  a  society 
of  professing  Christians,  who  eschew  the  doctrine  of  the  justilialSe 
employment  of  physical  force,  and  simply  asked  that  the  American 
government  would  use  all  the  powers  vested  m  tiiem  by  the  con-" 
stitution,  for  the  removal  of  that  which  they  deemed  to  be  an  evil. 
The  memorialists  could  not  be  heard.  Theii"  petition  could  not  bo 
received  by  an  American  Senate. 

Mr.  BUTLER.— I  did  not  exactly  allude  to  that  part  of  it,  and 
perhaps,  indeed,  I  should  ask  pardon  of  the  Senate  for  referrino- 
at  all  to  what  was  not  altogether  germane  to  the  immediate 
subject  before  it  ;  but  if  I  recollect  right  there  was  a  memorial  or 
paper  of  some  kind  asking  an  alteration  of  the  constitution  to  ena- 
ble them  to  interfere  with  that  institution  of  the  South.  On 
another  occasion,  however,  1  may  advert  to  this  matter  ;  and  was 
betrayed  into  it  now,  from  the  circumstance  that  the  gentleman 
on  all  subjects  of  this  kind  stands  very  much  alone. 

Mr.  HALE.— I  am  quite  willing  to  "stand  alone,"  provided  I 
stand  on  my  convictions.  I  mean,  sir,  to  vote  as  I  talk.  I  do  not 
come  here  to  make  a  speech  denouncing  this  war  as  unjust  and  un- 
constitutional, and  then  stultify  myself  by  voting  men  and  money 
to  the  President,  to  carry  it  on.  My  speeches  and  my  votes  shall 
be,  at  all  events,  consistent  with  each  other.  While  I  think  as  I 
do,  I  shall  vote  as  I  speak.  I  do  not  know  but  I  may  be  alone  in 
that  ;  but  whether  it  be  so  or  not,  I  shall  so  act,  and  leave  it  to 
be  said  whether  it  is  a  reproach  to  me  or  others,  that  I  am 
thus  alone. — Permit  me  to  say  to  that  honorable  Senator  in  all 
kindness,  and  with  no  disposition  to  be  offensive,  that  he  entirely 
mistakes  and  misapprehends  the  character  of  that  portion  of  the 
American  people  whom  I  am  sui)po5ed  to  represent  on  this  subject. 
Once,  for  all,  let  me  say,  that  we  desire  no  interference  with — nor 
disturbance  of  the  existing  institutions  of  the  States.  If  the  insti- 
tution  of  which  you  speak  be  a  blessing,  bless  yourselves  with  it ; 
if  it  be  a  curse,  stagger  under  it  as  you  may  let  us  remain  free  from 
it — let  us  alone. — It  is  all  that  we  desire — all  that  we  ask.  And  per- 
mit me  to  say  that  our  etlbits  will  not  cease,  our  exertions  will  not 
weary  until  we  have  done  what  we  can  to  relieve  ourselves  of  any 
share  of  reproach  or  responsibility  in  respect  to  what  we  re- 
gard as  a  great  and  cryins  evil.  We  do  not  pretend  to  interfere 
with  it,  then,  but  we  say,  "keep  it  to  yourselves !"  Do  not  com* 
here  and  ask  us  to  tax  people  to  the  last  point  of  endurance,  to 
carry  on  an  aggressive  war  for  its  prosecution,  sustenance,  and 
maintenance.  Do  not  desire  to  go  into  our  States,  interfcrin"- 
with  us  there,  and  in  claiming  to  preserve  your  institutions,  disen- 
franchise us.  We  hear  a  great  deal  about  the  far-famed  eorapro- 
mises  of  the  constitution  ;  but  go  into  the  State  of  New  Hamp- 
shire, before  a  justice  of  the  peace,  with  the  certificate  of  any  on* 
claiming  me  as  his  slave,  and  you  may  drag  me  from  the  embraces 
of  my  family  and  all  that  I  hold  dear.  The  habeas  corpus  and  tri- 
al by  jury  arc  in  a  moment  trampled  in  the  dust,  and  slavery  rides 
-  omnipotent  over  all  the  guarantees  of  the  constitution  !  It  is  from 
this  that  we  ask  to  be  relieved.  We  make  no  war  upon  you.  That 
is  all  that  we  attempt,  and  so  far  as  we  are  enabled  to  do  so,  wo 
shall  continue  the  attempt  to  maintain  the  integrity  of  our  own 
constitution  and  our  own  institutions  against  these  encroachments. 
Beyond  that  we  have  no  desire  to  go.  Beyond  that  have  never 
gone.  The  Senator,  then,  entirely  misunderstood  the  purport  of 
the  efforts  made  by  me,  if  he  gave  them  any  other  character.  A 
single  word  in  regard  to  the  matter  immediately  before  the  Senate 
and  I  have  done.  I  think  I  cannot  have  been  misunderstood  when 
I  said,  that  I  did  not  characterize  the  acts  of  the  officers  of  the  ar- 
my. I  have  spoken  of  the  war  in  which  they  are  engaged.  I  be- 
lieve it  to  be  unjust  ;  and  what  would  we  have  thought  of  the  sin- 
cerity of  the  patriots  in  the  British  ParUament — of  Chatham,  for 
instance,  whose  manly  eloquence  was  exerted  in  denouncing  the 
aggressions  upon  the  liberties  of  the  colonies,  if  he  had  united  in 
the  vote  of  thanks  to  Cornwallis  and  Clinton  ?  That  is  all  that  I 
have  maintained.  I  believe  this  w-a?.to  be  unjust,  and,  therefore, 
I  cannot  vote  for  the  thanks  of  Congress  to  be  given  to  any  one 
who  has  had  any  agency  in  the  prosecution  of  that  war. 

Mr.  ALLEN. — I  move  that  this  subject  be  passed  by  informal- 
ly, and  that  the  Senate  do  now  proceed  to  the  consideration  of  tlia 
special  order. 

TEN    REGIMENT    BILL. 

The  Senate  resumed  the  considcratien  of  the  bill  to  raise,  for  K 
limited  time,  an  additional  military  force. 

Mr.  TURNEY. — Mr.  President  :  I  believe  that  speedy  action 
on  the  bill  now  under  consideration  is  of  the  highest  importance  to 


268 


THE  TE:,'  REGIMENT  BILL. 


[Friday, 


the  country  ;  and  I  would  now  cheerfully  yield  the  floor  if  the  vole 
could  be  taken  immediately  on  that  question.  But  as  the  discus- 
sion has  become  protracted,  and  a  duty  seems  to  be  imposed  upon 
all  to  state  their  views  on  the  great  subject  involved  in  the  bilL  I 
deem  it  to  be  proper  to  submit  to  the  consideration  of  the  Senate 
and  the  country  the  sentiments  and  opinions  which  I  entertain  in 
reference  to  this  subject. 

In  the  first  place,  sir,  I  desire  to  express  my  cheerful  assent  to  the 
most  elaborate  discission  of  the  question  now  before  us.  I  find  fault 
with  no  gentleman  for  the  fullest  expression  of  his  opinions,  al- 
though that  expression  of  opinion  may  be  calculated,  in  ray  judg- 
ment, to  atTect  injuriously  the  interests  of  his  country.  II  I  be- 
lieved, as  Senators  on  this'floor  profess  to  believe,  that  this  war  is 
unjust  and  unconstitutional,  I  should  unite  with  the  Senators  from 
New  Hampshire,  [Mr.  H.tLE,]  Massachusetts,  [Mr.  Davis,]  and 
Ohio,  [Mr.  Corwin.]  I  should  take  no  middle  course.  Sir,  I 
hold  that  no  middle  course  can  be  taken.  If  our  country  be  in  the 
wrong  in  this  war  ;  if  the  war  has  been  unconstitutionally  waged, 
for  the  attainment  of  the  ambitious  views  of  the  Executive, — pa- 
■  triotism,  justice,  every  consideration,  demand  that  the  war  should 
be  stopped.  In  such  a  case,  I  should  certainly  unite  with  the  gen- 
tleman from  New  Hampshire  in  the  declaration  that  I  could  give 
no  vote  of  thanks  to  individuals  engaged  in  the  prosecution  of  the 
war  for  the  purposes  of  robbery  and  plunder.  I  should  feel  that 
those  who  were  engaged  in  fighting  the  battles  of  the  country  in 
this  war  were  to  be  regarded  in  the  light  of  the  midnight  assassin, 
who  seeks,  through  bloodshed,  to  seize  upon  his  phmder,  and  that 
every  genuine  lover  of  his  country  was  bound  to  arrest  the  progress 
of  such  a  war. 

But  I  difTer  altogether  from  the  views  which  these  gentlemen 
have  expressed;  and  I  think  that,  entertaining  such  views,  their 
policy  is  by  no  means  consistent— they  should  bring  this  war  to  a 
close.  Tliis  leads  rae  to  the  inquiry,  not  as  to  the  details  of  this 
bill,  or  the  character  of  the  troops  to  be  raised,  but  directly  in  re- 
gard to  the  justice  of  the  war. 

In  the  consideration  of  this  question,  I  must  call  the  attention  of 
the  Senate  and  the  country  to  one  important  fact.  When  the  bill 
recognizing  the  existence  of  this  war  was  before  this  body,  we  did 
not  hear,  from  any  quarter  in  this  chamber,  that  the  war  would  be 
unjust.  We  heard  from  no  Senator  that  the  war  grew  out  of  the 
removal  of  the  army  from  Corpus  Christi  to  the  Rio  Grande.  Not  a 
syllable  of  complaint  was  uttered  in  relation  to  that  question;  and  yet 
then,  I  contend,  was  the  proper  time  at  which  it  should  have  been 
brought  up.  I  am  surprised  that  Senators  did  not  then  take  that 
ground  of  opposition  to  the  bill  declaring  that  war  existed  by  the  act 
bf  Mexico.  Was  there  a  single  individual  here  then,  who  believed 
that  there  was  a  possibility,  by  any  legislative  action  of  ours,  to  raise 
troops,  and  convey  them  to  the  Rio  Grande  in  season  to  reinforce 
General  Taylor,  and  relieve  him  from  the  dangerous  condition  in 
which  it  was  supposed  he  was  placed  ?  Did  any  gentleman  then 
suppose  that  the  troops  would  arriie  in  time  to  relieve  General 
Taylor  ?  He  was  at  Fort  Brown,  surrounded  by  the  Mexican  ar- 
my, and  having  at  his  depot  only  a  small  quantity  of  provisions. 
He  was  without  the  means  of  subsistence  for  more  than  a  few  days. 
He  was  of  necessity  obliged  to  seek  supplies,  and,  in  order  to  do 
so,  to  encounter  the  enemy  in  the  open  field.  Did  any  Senator  be- 
lieve that  it  was  possible  for  the  government,  by  any  Icrislative 
action,  to  raise  an  additional  military  force,  and  convey  them  to  the 
Rio  Grande  in  time  to  render  any  aid  in  extricating  Gen.  Taylor 
from  his  then  dangerous  condition,  as  it  appeared  to  be  ?  No  o-en- 
tleman  entertained  such  an  idea.  A  motion  was  made  to  strike 
out  the  preamble,  and  reasons  were  assigned  for  striking  it  out,  but 
no  such  reason  as  that  we  bad  invaded  the  Mexican  territory.  Far 
from  it,  as  I  will  be  able  to  show,  conclusively,  from  the  docu- 
ments. The  reason  assigned  was,  the  uncertainty  as  to  the  fact 
whether  war  did,  in  point  of  fact,  exist. 

Well,  we  are  now  engaged  in  war  ;  and  as  it  is,  as  I  shall  main- 
tain, a  just  war,  I  hold  that  it  ought  to  be  prosecuted  to  the  ut- 
most. A  great  deal  of  complaint  has  been  made  because  the  war 
has  not  been  brought  to  a  close.  Is  it,  I  ask.  in  the  power  of  this 
government  to  bring  the  war  to  a  close,  in  an  honorable  manner, 
seeming  to  the  country  the  great  objects  for  which  it  has  been  pro- 
secuted ?  I  am  of  opinion  that  the  war  would  long  since  have  been 
brought  to  a  close  but  for  our  own  divisions.  If  the  whole  Ameri- 
can people  could  have  thought  alike  in  relation  to  this  war,  and 
the  objects  of  its  prosecution,  we  should  long  since  have  had  it 
brought  to  a  close.  Our  divisions,  and  the  knowledge  of  them  on 
the  part  of  the  Mexican  government,  have  protracted  this  war. — 
Mexico  sees  a  powerful  party  in  the  United  States  arrayed  against 
the  war,  and  she  is  thus  encouraged  to  persist  in  her  obstinacy,  in 
the  hope  that,  eventually,  she  m.ay  obtain  such  a  treaty  as  she  de- 
.sires.  And  here  let  me  ask,  what  sort  of  a  treatv  would  that  be, 
which  those  who  oppose  the  war  could  consistently  accept  ? 

It  IS  natur.Tl  that  men  should  differ  about  almost  every  subject 
.submitted  to  the  consideration ef  the  human  mind  ;  but  it  is  rather 
smgular  that  ditlerence  of  opinion  should  bo  confined  to  strict  party 
ines  Wc  all  united  here  in  voting  the  men  and  money  demanded 
by  the  Lxecutiye  for  the  prosecution  of  the  war  at  the  last  session 
cl  Congress.  I  hen  our  cause  was  admitted  to  be  just  ■  but  after 
.some  progress  is  made,  we  find  ourselves  divided  in' opinion  not  in 
regard  to  the  manner  m  which  the  war  should  bu  prosct-utod  not  in 
regard  to  the  mode  in  which  it  had  bnen  so  far  conducted  '  but  in 
relation  to  its  origin,  its  causes,  and  its  objects  ;  and  this  division 
o(  opinion  corresponded  exactly  to  party  lines.  I  am  free  to  con- 
fess, that  in  the  contemplation  of  such  a  state  of  things  there  is 
almost  enough  to  shatter  confidence  in  the  stability  and'^pcrpetuity 


of  our  free  institutions  and  form  of  government.  If  this  were  the 
first  time  that  we  witnessed  division  of  opinion,  and  that,  too,  up- 
on questions  connected  with  our  foreign  relations,  I  should  almost 
be  tempted  to  say  that  the  days  of  republic  were  numbered.  But 
we  are  not  left  without  hope,  even  in  the  midst  of  this  divided  state 
of  public  opinion.  In  the  struggle  for  independence,  there  was 
great  division  of  popular  sentiment ,  and  again,  in  the  war  of  1812, 
a  similar  divided  state  of  public  opinion  existed,  and  that,  too,  ac- 
cording to  strict  party  lines.  We  all  know  the  effect  of  such  a 
course  upon  the  enemy.  They  see  us  divided  amongst  ourselves. 
They  are  thus  led  to  entertain  hopes  which  otherwise  they  would 
not  for  a  moment  cherish.  Especially  does  this  division  of  senti- 
ment operate  to  our  disadvantage,  when  it  is  known  by  the  enemy 
that,  according  to  our  system  of  government,  our  rulers  have  to 
be  selected  every  four  years,  and  that  that  period  is  now  rapidly 
approaching.  The  enemy  is  thus  encouraged  to  cherish  strong 
hopes  of  obtaining  a  more  advantageous  settlement  after  the  Pre- 
sidential election,  which  they  suppose  may  introduce  another  par- 
ty into  power  in  the  administration  of  public  affairs.  We  heard 
the  other  day  from  my  colleague  that  party  was  a  tyrant.  That 
was  a  true  and  just  remark.  We  have  seen  it  exemplified  in  our 
own  State.  Previous  to  the  appearance  of  the  letters  of  the  dis- 
tinguished statesmen  of  New  York  and  of  Kentucky  in  opposition 
to  annexation,  I  believe  there  was  not  a  single  individual  of  either 
party  opposed  to  that  measure  ;  not  only  so,  but,  in  my  opmion, 
the  feelings  of  all  members  of  both  parties  in  that  section  of  Jhe 
country  were  engaged  in  I'avor  of  the  measure.  Yet,  notwithstan- 
ding this  state  of  feeling,  such  was  the  power,  such  the  tyranny, 
of  party  and  party  discipline,  that  in  the  latter  State  a  majority 
of  the  people  were  induced  to  cast  their  votes  in  favor  of  the  man 
who  opposed  it,  and  against  the  man  who  advocated  it.  This  they 
did,  not  in  accordance  with  their  owp  judgment  or  feelings,  but  un- 
der the  iron  rod  of  this  tyrant  party  and  party  discipline. 

But  that  might  be  regarded  as  a  question  merely  of  expediency 
— -one,  to  be  sure,  involving  the  great  interests  and  prosperity  of 
the  country,  but  not  equal  in  importance  to  that  now  under  consi- 
deration. The  present  questii  n  has  a  totally  different  aspect ;  and 
I  think  that  in  the  course  of  the  argument  presented  by  ray  col- 
league, he  admitted  that  he  and  I  agreed  as  to  the  vote  which  we 
should  give  on  it,  when  we  left  our  constituents.  He  informs  us 
that  he  came  here  with  the  expectation  of  \oting  the  men  and  mo- 
ney necessary  to  carry  on  the  war.  I  think  that  in  so  voting,  he 
would  have  voted  in  accordance  with  the  views  of  a  majority  ot"  the 
people  of  that   State  which  he  has  the  honor  in  part  to  represent. 

Now,  the  people  being  in  favor  of  this  war — having  full  confi- 
dence in  its  justice — and  entertaining  the  opinion  that  it  ought  to 
be  vigorously  prosecuted  to  a  peaceful  termination,  the  next  con- 
sideration is.  can  the  power  of  this  tyrant  party  so  influence  them 
as  to  cause  them  to  wheel  to  the  right  about,  countermarch,  and 
take  sides  in  favor  of  the  enemy  t  The  question  now  before  us  is 
one  of  infinitely  greater  importance  than  any  mere  question  of  ex- 
pediency. On  more  partisan  questions,  party  feeling  may  control 
public  opinion  ;  but  when  the  national  honor,  interest,  and  safety, 
are  all  involved  in  a  war  with  a  foreign  power,  and  at  the  moment 
of  time  when  thousands  of  our  patriotic  citizens  are  in  the  field, 
offering  up  their  lives  in  the  cause  of  their  country,  I  ara  sure  the 
people  will  refuse  to  obey  the  dictum  of  party,  if  it  does  not  accord 
with  their  own  sense  of  right  and  patriotic  devotion  to  the  cause  of 
their  country.  At  least,  I  think  I  may  answer  for  the  people  of 
Tennessee,  that  they  will  never  rally  under  the  flag  of  party  in  op- 
position to  their  own  judgment  and  patriotic  leeling.  That,  sir,  is 
my  native  Stale,  and  I  claim  to  know  something  of  the  feelings 
which  influence  its  people.  She,  whose  sons  have  fallen  in  Mexi- 
co— who  has  sent  forth  her  volunteers  at  the  first  tap  of  the  drum, 
who  has  contributed  three  or  four  times,  perhaps,  indeed  I  may 
safely  say  ten  times,  the  amount  of  troops  called  for  from  her 
limits — cannot,  lam  sure,  sacrifice  those  patriotic  feelings,  and 
take  sides  against  their  country. 

But  we  are  told  tliat  a  change  has  been  made  in  the  policy  of 
the  administration  with  regard  to  the  war  ;  that  the  entire  subju- 
gation of  Mexico  is  now  contemplated  ;  that  the  war  was  just  in 
its  origin,  but  that  it  is  now  prosecuted  for  the  accomplishment  of 
objects  which  would,  if  attained,  be  fatal  to  our  own  institutions. 
In  order  to  counteract  the  evil  efl'ects  of  this  alleged  now  policy, 
it  is  contended  that  we  should  withdraw  the  troops,  and  allow  the 
enemy  to  have  perfect  freedom  for  all  manner  of  excess,  plunder, 
and  assassination.  Sir,  I  can  see  nothing  in  the  message  of  the 
President,  or  in  any  other  public  document,  to  justify  any  such 
conclusions  ;  and  if  I  were  disposed  to  charge  the  opposition  with 
it — and  I  am  not  so  disposed — I  think  I  would  not  be  without  some  ^ 
ground  for  the  allegation,  that  that  is  a  mere  pretext  to  justify 
their  opposition  to  the  war.  I  might  say,  that  the  gentlemen  on 
the  other  side,  unable  to  sustain  tliemsclves.  are  seeking,  on  the 
eve  of  a  Presidential  election,  to  present  a  new  issue  more  favor- 
able to  their  success  ;  that  they  have  discovered  that  the  ground 
heretofore  occupied  liy  thcin — that  the  war  is  unnecessary  and  un- 
constitutional, and  therefore  no  indemnity  ought  to  be  demanded 
or  received  for  the  immense  expense  incurred  in  its  prosecution — 
meets  with  no  favor  with  the  people,  and,  therefore,  to  avoid  the 
odium  of  this  condemned  position,  they  seek  to  shift  their  ground 
by  presenting  a  new  issue.  Sir,  these  gentlemen  have  no  right  to 
assume  for  us  measures  and  positions  we  never  assumed  for  our- 
selves ;  and,  therefore,  I  shall  hold  them  to  the  issues  which  they 
themselves,  upon  mature  consideration  and  full  consultation,  sub- 
mitted to  the  public,  as  presenting  the  trne  position  of  the  two 
great  parties  of  this  country  upon  the  existing  war  with  Mexico. 


February  11.] 


THE  TEN  REGIMENT  BILL. 


269 


I  shall  not  attempt  to  go  into  that,  nor  to  answer  the  objections 
urwed  a-rainst  the  prosecution  of  the  war  ;  but  proceed  at  once 
to°the  c'onsideration  of  the  inquiry— what  did  produce  ihi|warl 
Was  it  the  annexntion  of  Texas  ?  or  was  it  the  removal  ol  the 
army  I'rora  Corpus  Christ i  to  the  Rio  Grande?  That  is  the  issue 
made  by  the  opposition  since  the  war  commenced. 

I  hold,  as  I  then  held,  that  the  annexation  of  Texas  was  the 
cause  of  Mexico  wasmg  war  against  the  United  States.  Whether 
the  army  had  been  removed  to  the  Rio  Grande  or  not.  war  was  the 
inevilahle  result  growina  out  of  the  act  of  annexation.  How  far, 
then,  is  this  administration  responsible  ?  Annexation  took  place 
under  the  Tyler  administration  ;  and  although  the  Senator  from 
Maryland,  not  now  m  his  seat,  (Mr.  Johnson,)  having  made,  as 
I  conceive,  an  able  and  conclusive  argument  in  regard  to  the  jus- 
tice of  this  war,  chose  to  cast  some  reflections  on  the  administra- 
tion for  provoking  war  in  the  mode  of  annexation,  I  shall  advert 
for  a  few  moments  to  the  subject. 

What  were  the  powers  and  duty  of  the  President  under  the  re- 
solutions of  annexation  ?  They  are  all  defined  in  the  third  resolu- 
tion, which  is  as  follows  : 

"  and  be.  it  further  resolved.  That  if  the  I'rpsidenl  of  the  United  Slates  shall  in  his 
iudcmeut  and  discretion,  deein  it  most  .advisable,  instead  ol  proceeding  to  suhniit  the 
Ibresoing  resolution  to  the  Republic  of  Texas,  as  an  overture  on  the  part  of  Ihe  Uniteil 
States  lor  admission,  to  nejotiate  with  that  Republic  ;  then," 

Let  it  be  remembered  that  the  legislative  power  took  the  mat- 
ter into  their  own  hands,  and  imposed  upon  the  President  the  duty 
of  submitting  to  the  Republic  of  Texas  the  plan  of  annexation. 
They  gave  him  the  choice  of  selecting  cither  the  House  or  the 
Senate" resolutions.  Thus  he  acted  merely  as  a  minsterial  agent. 
It  was  not  like  a  case  of  ordinary  negotiation,  in  which,  after  a  pro. 
position  had  been  submitted,  there  was  a  right  to  withdraw  it  if  it 
were  declined.  The  law  required  him  to  make  tl.e  proposition  to 
the  Republic  of  Texas,  giving  him  only  the  discretionary  power 
which  I  have  just  described.  That  selection  of  the  mode  of 
annexation  was  made  before  the  present  administration  came  into 
power.  It  was  made  by  the  Tyler  administration  in  the  last  hours 
of  its  existence  ;  and  the  selection  being  made,  and  the  proposi- 
tion submitted,  the  law  was  complied  with.  The  President  had 
discharo-ed  his  duty  under  it,  and  his  power  the  subject  was  con- 
sequentTy  exhausted.  It  only  remained,  then,  to  be  seen  whether 
Texas  would  assent  to  the  terms  proposed.  I  am  free  to  admit, 
that  if  the  Senate  resolution  had  been  adopted,  the  war  might 
have  been  avoided  ;  but  as  the  House  resolutions  were  selected,  it 
was  not  in  the  power  of  man  to  avert  the  war.  If  the  Senate  re- 
solution had  been  adopted,  negotiations  might  have  been  opened, 
and  Texas  might  have  been  annexed  by  joint  resolution  at  the 
next  session  of  Congress,  aeeoiding  to  the  terms  agreed  upon  be- 
tween '.he  two  parties.  In  the  mean  time,  annexation  not  having 
taken  place,  she  might  have  been  considted  about  it.  Compensa- 
tion might  have  been  made,  and  an  amicable  setllement  been 
effected?  By  the  adoption  of  the  House  resolutions,  however,  all 
the  power  of  averting  the  war  was  taken  from  the  President,  to 
whom  no  discretion  was  left. 

In  proceeding  to  establish  the  fact  that  annexation  caused  the 
war,  I  shall  refer  to  the  record.  And  I  shall  begin  with  the  posi- 
tion occupied  by  the  whig  party  in  in  1844,  pending  the  Presiden- 
tial election.  There  was  then'but  one  universal  sentiment  in  the 
party,  expressed  in  the  language  of  the  distinguished  citizen  of 
Kentucky,  who  was  regarded  as  the  embodiment  of  their  princi- 
ples. And  what  was  that  sentiment?  The  great  issue  was  then 
was,  will  you  have  Texas  and  a  war,  or  no  Texas  and  peace? 
That  was  the  great  issue  which  was  submitted  to  the  American 
people.  The  whig  party  then  occupied,  as  I  think  they  do  now, 
the  side  of  Mexico.  They  said  annexation  would  jirodiice  war  ; 
that  annexation  was  war.  That  is  not  their  argument  now.  We 
are  now  told  tliat  the  administration  could  have  avoided  the  war. 
Here  let  mc  read  an  extract  from  the  celebrated  Raleigh  letter  of 
Mr.  Clay,  of  ITlh  April,  1844  : 

"Recognition  diii  not  aiFect  or  impair  the  rights  of  Mexico,  or  change  the  relations 
which  subsisted  between  her  and  Texa^.  She,  on  the  contrary,  has  preserved  all  her 
rights,  and  has  continued  to  assert,  and,  so  far  as  I  know,  yet  asserts  her  right  to  re- 
duce Texas  to  obedience  as  a  part  of  the  republic  of  Mexico." 

Mr.  Clay  then  goes  on  to  say: 

"Under  these  circumstances,  if  the  government  of  the  United  States  were  to  annex 
Texas,  it  would  acquire  along  with  it  all  Ihe  enuombrances  which  Texas  is  under ;  and 
among  them,  the  actual  or  susjiended  war  between  Mexico  and  Texas.  Of  that  con- 
sequence there  cannot  be  a  doubt.  Annexation  and  war  with  Mexico  are  identi- 
cal. Now,  for  one,  I  certainly  am  not  willing  to  engage  this  country  in  a  foreign  war 
for  the  object  of  acquiring  Texas." 

Thus,  sir,  we  see  the  great  issue  in  1844  was  that  of  annexa- 
tion;  and  Mr.  Clay,  ilie "candidate  of  the  whig  party  for  the  presi. 
dency,  took  ground  expressly,  that  to  annex  Texas  was  to  make 
war  with  Mexico,  and  for  that  reason  he  was  opposed  to  annexa- 
tion. More,  sir;  the  whole  whig  party  of  the  nation,  from  one  end 
of  the  Union  to  the  other,  after  this  letter  made  its  appearance, 
took  the  same  ground,  and  supported  Mr.  Clay  for  the  presidency, 
for  the  avowed  purpose  of  del'eating  annexation,  and  thereby  to 
avoid  a  foreign  war  with  Mexico;  but,  sir,  the  democratic  party 
advocated  the  annexation  of  Texas,  and  to  maintain  their  position, 
they  assumed,  that  to  annex  Texas  to  the  United  States  gave  no 
just  cause  of  war,  because  Texas  was  a  free  and  independent  re- 
public,  and  had  so  been  acknowledged  to  be  by  all  the  prominent 
nations  of  the  world;  and,  therefore,  Texas  had,  under  the  laws  of 
nations,  as  much  right  and  power  to  make  and  conclude  a  treaty 
of  annexation,  or  for  any  other  object,  as  Mexico  herself,  or  any 
other  nation  whatever;  that  this  being  the  condition  of  Texas,  the 


United  States  had,  by  the  laws  of  nations,  a  right  to  treat  with 
Texas  for  annexation,  or  for  any  other  purpose,  without  giving 
offence  or  any  just  cause  of  war  to  Mexico;  and  that,  if  it  was 
necessary  to  exercise  this  right,  as  they  believed  it  was,  in  order 
to  promote  the  interest  of  the  nation,  and  the  happiness  and  pros- 
perity of  the  people,  they  would  not  be  deterred  from  doing  so  by 
the  foolish  gasconade,  and  the  unjust  and  illegal  pretensions  of 
Mexico.  Thus,  sir,  the  isi,ue  was  joined,  and  the  people  rendered 
their  verdict  in  November,  1844,  in  favor  of  annexation;  and  it 
was  accordingly  done.  But,  sir,  war  was  the  consequence  of  an. 
ne.xation  :  the  whig  prediction  has  been  verified;  but,  strange  to 
tell,  notwithstanding  all  this,  they  now  abandon  the  position  occu- 
pied by  them  in  1844,  and  say  that  annexation  did  not  produce  the 
war,  and,  in  fact,  that  it  was  no  just  cause  of  war;  thus  plainly 
admitting  that  their  position  was  erroneous,  and  that  the  position 
of  the  democrats  was  the  correct  and  true  one.  Having  thus 
abandoned  this  ground,  and  being  extremely  anxious  to  cast  cen- 
sure on  the  present  administration,  they  now  say  this  war  was 
brought  on  by  the  President,  unnecessarily  and  unconstitutionally, 
by  the  removal  of  the  army  to  the  Rio  Grande.  Is  this  true  ?  'l 
hold  that  the  annexation  of  Texas  is  the  sole  and  exclusive  cause 
of  the  war.  This  question  I  propose  to  examine  :  now  for  the 
proof.  I  shall  read,  Mr.  President,  an  extract  from  a  letter  writ- 
ten by  the  Mexican  minister  of  foreign  affairs  to  our  minister  in 
Mexico,  dated  Mexico,  May  the  30th,  1844;  it  is  as  follows  : 

"That  the  firm  and  constant  resolution  has  been,  and  is.  to  preserve  the  integrity 
and  dignity  of  the  nation  :  that,  aMliis  time,  as  very  opporune  tor  the  reproduction  of 
his  prolest^  as  he  gives  tb-  m  here  as  express  as  if  they  were  in  full— signally  recalling  to 
mind,  as  special,  tiiat  of  the '31  of  Aognst,  ]?43,  in  the  wonls.  'That  Mexico  will 
consider  as  a  declaration  of  war  against  the  .Mexican  republic,  the  ratitication  of  that 
agreement  for  the  incorjioration  .of  Texas  into  the  territory  of  the  United  States.'  " 

Thus  we  .see,  Mr.  President,  that  the  letter  of  Mr.  Clay,  and- 
which  was  adopted  by  the  whig  party  as  their  text  in  1844,  is 
identical  in  sentiment,  and  almost  verbatim  in  language,  with  the 
letter  of  the  Mexican  minister  just  read.  Again,  sir,  the  same 
Mexican  minister,  in  his  letter  of  the  2d  of  July,  1844,  reaffirmed 
the  statements  in  his  letter  just  read,  and  I  will  not  consume  the 
time  of  the  Senate  by  reading  it;  but  as  I  desire  to  go  a  little  fur- 
ther hack,  I  will  read  au  extract  from  the  letter  of  Mr.  Almonte, 
the  Mexican  minister,  to  Mr.  Upshur,  Secretary  of  State,  dated 
November  3,  1843.     He  says  : 

"And  he  moreover  declares,  by  express  order  of  his  government,  that  on  sanction 
being  given  by  tlie  Executive  of  the  tjnitel]  States  to  Ihe  incorporation  of  Texas  into 
the  United  Slates,  he  will  consider  his  mission  ended  ;  seeing  that,  as  the  Secretary  of 
State  will  ha\e  learned,  the  Mexican  government  is  resolved  lo  declare  war  so  soon  as 
it  receives  information  of  such  ;in  act." 

November  11,  1843,  reaffirmed. 

I  refer  you  now,  sir,  to  t!ie  letter  of  Mr.  Almonte  to  Mr.  Upshur 
of  the  11th  of  November,  1843,  in  which  he  says,  that — 

"Though  the  undeisigned  has  declared,  by  the  express  order  of  his  government,  that 
lear  will  be  the  inecUaitie  cfijisvtjucnee  {if  ihe  annexation  of  Teras  to  the  L'nited 
.'ytates,  he  certainly  has  not  done  so  with  the  object  ol  intimidating  the  government  of 
the  honorable  Secretan"  ofState,  but  with  a  view  of  showing  liow  far  Alexico  would 
carrv  her  resistance  to  an  annexation  of  that  nature.'" 

Now,  Mr.  President,  is  it  not  a  little  strange  that  the  whig 
party  here,  in  and  out  of  this  body,  should,  after  the  issue  tendered 
by  their  leader  in  his  letter  of  the  17th  of  April,  1844,  and  which 
was  by  them  so  ably  and  eloquently  maintained  throughout  the 
canvass  of  1844,  being — as  they  were,  backed  and  sustained  in 
their  position  and  assertions  by  the  letters  which  I  have  read,  and 
many  mortj  equally  as  strong,  which  I  have  not  thought  necessary 
to  read;  and  when,  also,  their  predictions  and  assertions  have 
turned  out  precisely  as  they  asserted  they  would — should  now 
abandon  all  they  then  said  on  this  subject  as  unworthy  of  notice, 
and  to  acknowledge  that  the  position  then  assumed  by  the  demo- 
cracy to  be  the  true  and  correct  one  ?  All  now  agree  that  annexa- 
tion was  no  just  cause  of  war  If.  then,  I  shall  be  enabled  to 
prove  my  position,  that  this  is  the  exclusive  cause  of  the  war,  I 
shall  have  established  the  great  fact,  that  the  war  in  which  we  are 
now  engaged  with  Mexico,  is  a  just  war  on  our  part,  and  conse- 
quently, ttie  charge  which  has  been,  and  now  is  so  repeatedly  being 
made,  that  the  war  was  unnecessarily  and  unconstitutionally 
brought  on  by  the  Executive,  must  be  admitted  to  be  unfounded, 
and  has  not  the  semblance  of  truth  to  sustain  it.  Sir,  I  will  pro- 
ceed with  the  proofs,  for  they  are  of  such  a  conclusive  character, 
that  they  need  no  comments  to  carry  conviction  to  every  impartial 
mind. 

I  now  call  the  attention  of  the  Senate  to  the  letter  of  J.  N.  Al- 
monte to  the  Senator  from  South  Carolina,  [Mr.  Calhoun,]  then 
Secretary  of  State,  dated  the  6th  of  March,  1845,  which  is  as  fol- 
lows : 

"The  uudeisigned,  envo*' extraordinary  and  minister  plenipotentiaty  of  the  Mexican 
republic,  has  the  honor  to  address  the  honorable  John  C.  Callioun,  Secretpry  of  Slate 
of  the  United  Statesof  America,  with  the  object  of  making  known  to  him  the  pro- 
found regret  with  which  he  has  seen  that  the  general  Congress  of  the  Uni  in  has 
passed  a  Taw  giving  its  consent  and  admitting  into  the  American  confederacy  ihe  pro- 
vince of  Texas. 

"The  undersigned  iiad  flattered  himself  with  the  idea,  that  on  this  question  ibexi-ooi/ 
judgment  and  sound  eoiivseis  of  the  eitize7is  inost  distive^uiyhed  and  most  mtitnateltj 
argtiainted  ^^itJl  the  eonduct  of  the  jmblie  afj'atrs  of  this  repubtie  uonid  hare  prcrail- 
n'-  in  the  deliberations  of  the  Jryi^iative  bodij.  and  of  the  Executire  of  the  Union, 
Unfortunately,  however,  it  has  been  otherwise;  and,  contrary  to  his  hojies,  and  his 
most  sincere  prav  ers,  he  sees  consuniiuated,  on  the  part  of  the  .American  government.^ 
an  act  of  aggression  the  most  unjust  which  can  be  tbnnd  recorded  in  the  annals  ol 
modern  history,  namely,  that  of  despodiug  a  friendly  nation  like  Mexico  of  a  considera- 
ble portion  of  lier  territory,  c   J    .- 

"For  these  reasons,  the  nndetsigned,  in  compliance  with  his  instructions,  finds  him- 
self required  to  nrotest,  as  he  does  in  fact  ])rolest,  in  Ihe  most  solemn  manner,  in  the 
name  of  his  government,  against  the  law  passed  on  the  '2oth  of  Uie  last  month,  by  the 
general  Congress  of  the  United  States,  and  approved  on  the  1st  of  Uie  present  monUt 


270 


THE  TEN  REGIMENT  BILL. 


[Friday, 


by  the  Pressden*  of  these  Slates,  whereby  lleprovtncf  of  Tezas,  an  inlcsrant  portion 
of  the  Meiican  terriUn-y,  is  offreed  nnd  rtdmitted  into  thf  .American  Union.  The 
undefsi-'iieti.  moreover,  protests,  in  the  name  ofhis  government,  that  rhe^-'iid  law  van 
in  nowfse  invalidate  the  right';  on  wtiich  Mexieo  relies  to  rrctwer  the ahofe-mcntimied 
pnwiiue  of  Teiaa,  of  jchich  she  now  sees  kerseif  unjnuthj  dettpoiled,  and  tliat  sin: 
wdl  maintain  and  uphold  these  rights  at  all  times  bij  eccry  means  tehichntay  be  m 

"Tlie  undersigned  will  say.  in  conclusion,  to  the  honorable  Secrctiry  ot"  St.-iteol 
the  United  States,  in  order  tliat  he  may  be  plea-vid  to  coinmunicatx*  it  to  the  President 
of  the  Uniied  States,  that,  in  c'onsequcnce  of  this  law  ajanist  whieh  he  has  Jiist  pro- 
tested, his  mission  near  tliis  government  ha»  ceased  from  ibis  d;iy.  V\  herefore the 
undersigned  pravs  the  honorable  Secretary  of  State  to  be  pli-aseil  to  deliver  bim  his  pass- 
pons.  as  he  h,asmaile  arranpemcnts  toleavo  this  city,  wilbonl  dei.ay,  lor  New  \  ork, 
"Tlie  undersigned  avails  himself,"  &c. 

This  letter,  Mr.  President,  estalilishes  several  important  facts: 
the  tirst  of  which  is,  the  annexation  of  Texas  closed  the  doors  to 
all  further  ncotialion  between  the  two  governments,  and  made 
the  resort  to  arms  the  only  means  of  settling  their  ditTerences. 
The  second  fact  established  is,  that  the  war  would  be  for  the  whole 
of  Texas  to  the  Sabine,  And  a  third  fact,  which  I  think  is  one 
of  rrreat  importance,  is  this:  Mr.  Almontestatcs  that  he  "had  flat- 
tered  himself  with  the  idea,  that  on  this  question  the  good  jtidg- 
ment  and  s.nind  counsels  of  the  citizens  most  distinguished  and  m- 
timatelv  acquainted  with  tlie  conduct  of  the  public  alfairs  of  this 
republic  would  have  prevailed,"  &c.  Sir,  docs  not  Mr.  Almonte, 
bv  this  lan<Tua"o,  point  directly  to  Mr,  Clay  as  the  man  of  good 
iiidTment,  and  to  Mr.  Clay's  letter  and  the  whig  speeches  m  sup- 
por't  of  it,  as  containing  the  sound  counsels  of  the  citizens  most 
distinouisiied,  which  hiT had  hoped  would  have  prevailed,  I  may 
be  mistaken,  but  it  seems  to  me  to  be  a  self-evident  conclusion. 
What  effect,  then,  did  this  letter  and  these  speeches  have  upon 
the  Mexican  mind  ?  What  would  Mexico  say  and  think  when  she 
witnessed  not  only  politicians  but  States,,  in  their  sovereign  capa- 
city declarin""  that  annexation  would  lead  to»a  dissolution  of  the 
Union  ?  Such  resolutions  were  passed  by  the  Legislature  of  Mas- 
sachusetts. Would  the  Mexicans  from  these  facts  naturally  con- 
clude that,  in  a  war  with  us  for  the  re-eonquest  of  Texas,  we 
would  be  distracted  and  divided  among  ourselves,  and  that  we 
could  not,  therefore,  bring  the  whole  powers  and  energies  of  our 
government  to  bear  in  the  prosecution  of  such  a  war  ?  Sir,  I  doubt 
not  she  did  so  believe;  and,  at  the  commeneemsnt  of  the  war,  from 
the  unanimity  which  seemed  to  pervade  all  parties  in  recognizing 
the  existence  of  the  war,  and  voting  men  and  money  for  its  prose- 
cution, I  did  believe  that  she  had  been  deluded  into  that  belief  by 
these  acts  of  the  whig  party;  but,  sir,  since  the  whig  p<>rty  have 
obtained  a  majority  in  the  House  of  Representatives,  which  ena- 
bles them  to  defeat  any  measure  that  has  for  its  object  a  further 
prosecution  of  the  war  to  a  speedy  and  honorable  termination,  and 
thereby  to  force  the  government  to  withdraw  our  army  from  Mex- 
ico to  the  dishonor  and  disgrace  of  our  country,  to  the  saeritiee  of 
the  claims  of  our  citizens,  and  also  of  the  best  interests  of  the 
government,  by  sacrificing  her  claim  on  Mexico  for  a  reasonable 
indemnity  of  the  expenses  of  this  war — I  am  indueoJ,  from  what 
I  daily  see  and  hear,  to  fear  that  Mexico  was  not  mistaken  in  her 
conclusion,  and  that  our  divisions  here,  growing  out  of  anne.xa- 
tion,  or  from  some  other  cause,  are  so  great,  and  of  ,sueh  a  cha- 
racter as  to  weaken,  if  not  entirely  to  suspend,  the  further  pro.se- 
cution  of  the  war  until  after  another  election,  when  I  doubt  not 
the  people  will  send  representatives  here  who  will  sustain  the  ho. 
nor  and  interests  of  the  nation,  especially  when  engaged  in  a  fo- 
reifrn  war,  and  that  war  growing  out  of  an  act  which  they  theiu- 
selves  directed  should  be  done.  Thus,  sir,  our  diplomatic  inter- 
course ended  with  Mexico,  and  with  it  our  friendly  relations;  and 
all  under  the  Tyler  administration.  This  was  the  condition  of 
ihinn-s  when  the  present  administration  came  into  power;  and  how 
it  discharged  its  duty  by  endeavoring  to  re-open  negotiation  and  to 
preserve  peace  remains  to  be  seen.  To  accomplish  these  objects 
was  the  business,  and,  I  think,  the  earnest  desire  of  the  President; 
and  to  accomplish  which,  among  the  first  acts  of  his  administra. 
tion,  was  to  open  with  Mexico  a  sort  of  unofficial  correspondence 
through  our  consul  at  her  capital.  This  resulted  in  .an  agreement 
on  the  part  of  Mexico  to  receive  a  minister  from  this  government, 
lor  the  purpose  of  adjusting  and  settling,  if  possible,  the  boundary 
between  the  two  countries  and  all  other  diflijrenees  between  the 
two  governments  ;  and,  in  ptirsuanee  of  this  understanding,  and 
to  preserve  peace,  the  minister  was  immediately  despatched 
to  Mexico  with  full  and  ample  powers  to  adjust  and  settle 
all  questions  of  difl'erenee  between  the  two  countries.  Was  he 
received  ?  and  why  was  he  not  ?  He  was  not  received  ;  and  I 
will  now  give  you  the  reason  assigned  by  tho  Mexican  Minister  of 
Foreign  Affairs  for  his  rejection.  I  shall  read,  sir,  an  extract  from 
the  letter  of  Mr.  Lanzas'to  Mr.  Slidell,  dated  the  12th  of  March, 
1845.     Here,  sir,  speaking  of  the  annexation  of  Texas,  he  says: 

"A  fact,  sueli  as  this,  or  tospeak  with  greater  exactness,  so  notable  an  act  of  usur- 
pation, created  an  impiTons  neccssitv  that  Mexico,  for  lierTnwii  honor,  should  repel  it 
with  proper  firmness  and  digiiily.  'rile  Supreme  (Jovernnient  had,  hcforeband,  decla- 
red that  It  would  look  upon  such  an  ,iet  as  easns  l/elli;  and,  as  a  consequence  of  this 
declaration,  negotiation  was,  by  its  very  nature,  at  an  end,  and  war  w.as  tlie  only  re- 
course of  the  Mexican  Ooverniucnt." 

Sir,  not  one  word  of  complaint  is  here  uttered  about  the  removal 
of  the  army  to  the  Rio  Grande,  In  point  of  fact,  the  aruiv  had 
not  been  removed,  and  was  not  for  fourteen  days  thereafter,  Mex- 
ico, therefore,  did  not,  and  h:is  not,  at  any  tiinc,  cniuphiitied  of  this 
act,  or  asserted  it  to  he  the  ctuisc  of  war,  tin  the  coiilrarv,  be- 
fore the  army  was  removed  to  the  Rio  Grande,  and  when  every 
effort  was  being  made  to  reoiien  negotiations  and  to  preserve 
peace,  she  tells  our  minister,  who  had  been  sent  for  that  purpose, 
that  annexation  closed  the  door  to  negotiation,  and  war  was  the 
only  recourse  of  the  Mexican  government.  This  arirument,  then, 
of  the  whig  party  in  this  country — that  the  removal  of  the  army 


to  the  Rio  Grande  brought  on  this  unnecessary  and  unconstitu- 
tional war — is  flatly  and  positively  denied  by  the  Mexican  authori- 
ties. This,  sir,  is  an  idea  first  conceived  in  the  United  States,  and 
never  thought  of  in  Mexico.  I  had  hoped  that  there  was  too  much 
love  of  country  and  patriotism  among  all  parties  of  our  own  coun- 
trymen, to  permit  any  from  inventing  and  a.sserting  charges  and 
allegations  which  had  no  foundation  in  fact,  for  the  purpose  of  pla- 
cing our  own  country  in  the  wrong  and  our  enemy  in  the  right, 
when  engaged  in  a  war  with  a  foreign  nation.  But  in  this  it  seems 
I  have  been  mistaken.  Mr.  President,  I  desire  to  go  further,  and 
to  refute  and  put  down,  I  hope  forever,  another  position  assumed 
in  this  country  equally  unfounded:  that  is,  that  peace  could  have 
been  preserved  by  sending  a  special  commissioner  to  Mexico,  with 
power  to  settle  all  questions  growing  out  of  the  annexation  of 
Texas,  instead  of  sending,  ae  we  did,  a  minister  clothed  with  those 
powers.  In  a  letter  liom  our  consul,  Mr.  Black,  in  Mexico,  to 
the  Secretary  of  State,  he  details  a  conversation  which  he  had  with 
Mr.  Pena  y  Pena,  the  Mexican  Minister  of  Foreign  Affairs,  on 
the  subject  of  Mr.  Slidell's  mission  to  Mexico.  This  letter  is  da- 
ted the  18th  of  December,  1845,  and  refers  to  a  conversation 
which  took  place  on  the  29th  of  November  preceding,  in  which  the 
Mexican  Minister,  after  speaking  of  the  arrival  of  Mr.  Slidell  at 
Vera  Cruz,  said: 

"That  ought  not  to  be.  The  Government  did  not  expect  an  envoy  from  Uie  United 
Stares  until  January,  as  they  were  not  prepared  to  receive  bim:  and  he  desired,  if  pos- 
sible, that  he  would  not  come  to  the  capital,  nor  even  disembark  at  this  time,  and  that 
the  consul  sbnnid  endeavor  to  prevent  his  doing  so,  as  bis  ajijiearance  in  the  capital  at 
this  time  might  jirove  destructive  to  the  (Jovernment,  anil  thus  defeat  the  whole  atlair. 
Yon  know  llie  Opposition  are  calling  us  traitors  for  entering  into  Ibis  arrangement  with 
yon.  I  [the  consul]  told  liiiii  that  I  regretted  this  had  not  been  known  in  time,  as  the 
envoy  woill'i  be  now  on  his  way  to  this  eajiital,  and  that  the  Mexican  Government 
had  set  no  lime  for  his  arrival;  to  which  the  minister  replied,  that  he  knew  there  was 
no  time  set.  Mr.  Pena  y  Pena  proceeded  further  to  say,  that  the  Government  itself 
was  well  disposed  and  ready  to  proceed  in  the  negotiation:  but  that,  if  the  afliiir  was 
coninienced  now,  it  would  endanger  its  existence;  tiiatlhe  Government  were  preparing 
the  thing,  collecting  the  opinion  and  consent  of  the  departments,  which  they  expected 
to  have  linisbed  hy  .lanuarv.  and  then  they  would  be  able  to  proceed  with  more  secu- 
rity: that  the  Government  were  afraid  that  the  appearance  of  the  envoy  at  that  tiuio 
would  produce  a  revolution  against  it.  which  might  terminate  in  its  destruction." 

This,  Mr.  President,  was  the  true  reason  why  Mr.  Slidell  was 
not  received  by  the  Herrera  administration.  It  was,  as  Mr.  Pena 
y  Pena  said,  because  they  were  afraid  of  a  revolution  which  might 
terminate  in  the  expulsion,  from  power,  of  the  then  administration. 
And,  sir,  were  these  fears  thus  expressed  by  Mr.  Pena  well  found- 
ed ?  Sir,  the  revolution  did  take  place,  and  which  did  result,  as 
predicted,  in  the  expulsion  from  power  of  the  Herrera  administra- 
tion, on  the  30th  of  December,  1844. 

But,  sir,  this  is  not  all  my  proof.  I  have  more  and  stronger 
still.  I  shall  read,  sir,  an  extract  from  the  letter  of  Herre;a  to 
the  Mexican  minister  of  Foreign  Afi'airs,  declining  an  acceptance 
oft  c  appointment  of  one  of  the  commissioners  to  treat  with  the 
United  Slates.  This  letter  is  dated  the  25th  of  August,  1847,  and 
he  says : 

"  As  a  Mexican,  who  desires  the  welfare  of  his  country,  I  ought  to  state  to  your 
Excellency,  that  being  at  the  head  of  the  government  in  the  year  1845,  just  passed, 
when  the  Government  of  the  United  States  first  moved  in  sending  a  commissioner  to 
arrange  the  diflerences  which,  on  account  of  the  Texas  question,  disturbed  the  har- 
mony which  ought  to  exist  between  two  coterminous  republics;  for  no  other  act  tjian 
showing  thai  there  would  be  no  obstacle  lo  his  presenting  himself  and  having  his  pro 
positions  beard,  my  administration  was  calnmniated  in  the  most  atrocious  manner :  for 
tills  act  alone  the  revolution  which  dl-plaeed  me  from  the  command  was  set  on  foot  : 
and  if  I  were  now  lo  take  part  in  the  same  question,  it  would  give  occasion  for  h 
renewal  of  the  scenes  which  then  took  place  ;  and  tlie  best  result  from  existing  circum- 
stances through  negotiations,  however  honorable,  would  be  worse  received  than  it 
might  be  if  they  were  undertaken  by  persons  who  may  ha\ehad  no  part  in  that  atfair." 

To  this  letter  the  Mexican  minister  answered  on  the  next  day, 
as  follows  : 

"  Mexico.  August  2G,  1847. 

"Most  E.xcellent  Sir:  I  have  made  known  to  his  Excellency,  the  acting 
President,  your  excellency's  note  of  yesterday,  in  which  you  decline  accepting  the 
trust  of  commissioner  for  the  purpose  of  listening  to  the  propositions  for  peace  which 
the  Government  of  the  United  States  wishes  to  make  through  their  own  commissioner: 
and,  in  reply,  he  directs  me  to  inform  you,  as  I  have  the  honor  to  do,  that  the  very 
rea,sons  upon  which  vonr  excellency  relics  were  those  which  led  to  yonr  appointment, 
since  they  show  that  two  distinct  administrations,  according  lo  tlicir  different  circum- 
stances, iiave  concurred  m  one  cssenlitil  point,  namely,  tl.e  propriety  of  hearing  pio- 
jio^ilions,  the  avowed  object  of  which  is  to  terminate  the  evils  of  tlie  war.  Coiise- 
,|ii,iitlv,  bis  Excellency  iiisists  upon  his  desire  that  your  excellency  should  take  charge 
of  this  weighty  and  delicate  business,  for  which  purpose  he  apjicals  lo  your  well  know  n 
patiiotlsm,^3nd  lo  the  good  disjiosition  which  you  have  evinced  to  serve  the  republic." 

Not  one  word  in  all  this  as  to  the  character  of  Mr.  Slidell, 
whether  he  was  to  appear  under  the  name  of  a  minister  or  that  of 
a  commissioner — his  powers  and  duties  being  the  same  under  both 
titles.  No,  sir;  this  pretext  did  not  enter  into  the  objections  lo 
his  reception  by  the  Mexican  government.  So  far  from  it,  that 
Hererra,  the  then  president,  who  rejected  Mr.  Slidell  for  the  rea- 
sons given  by  Mr.  Pena  y  Pena,  now,  in  this  note,  substantially 
reaffirms  what  was  said  by  Mr.  Pena  to  Mr.  Black.  Sir,  com- 
ment on  these  documents  is  unnecessary;  they  are  self-evident. 

But,  sir,  I  will  now  relurn  to  the  main  tiucstiun — that  is,  did 
annexation  produce  the  war  '.  I  have  read  you  a  jiortion  of  the 
correspondence  of  tho  Mexican  government,  which  1  think  fully 
sustains  my  position,  I  now  proceed  to  examine  our  own  corres- 
pondence, with  a  view  to  see,  if  I  can,  what  they  thought  would 
be  the  rcMill  of  such  a  policy.  This,  sir,  becomes  the  more  im- 
portant, as  the  Scntilor  from  South  Carolina,  (Mr,  C.vliiovn,) 
who  was  then  Secretary  of  State,  and  as  such  negotiated  the  treaty 
of  annexation,  has  denounced  the  war  as  unjust,  and  the  preamble 
in  the  act,  asserting  that  it  was  brought  on  by  the  act  of  Mexico, 
as  being  false  and  untrue:  and  who  asserts  that  the  war  was 
brourrlu  on  bv  the  Excecutivc  removing  our  army  to  the  Rio 
Grande.  Wliat,  sir,  did  he  think  would  be  the  effect  of  annexa- 
tion ?     I  propose  to  [eompare   his  opinions  when  Secretary  with 


February  11.] 


THE  TEN  REGIMENT  BILL.^ 


2X1 


his  opinions  now  when  a  Senator.  In  June,  1844,  the  Senator, 
as  Secretary  of  State,  addressed  a  letter  to  our  Minister  in  Mexi- 
co; and,  in  spoakin;;  of  the  treaty  of  annexation,  he  said,  we 
would,  indeed,  have  been  sjlad  ni  doinix  so,  to  have  acted  with  the 
concurrence  of  Mexico,  if  circumstances  had  permitted — not  be- 
cau.se  he  believed  that  she  had  any  ri<;htful  claim  of  sovereijjnty  to 
Texas,  or  that  the  latter  was  not  competent  of  itself  to_  transfer 
the  full  and  complete  right  and  title  to  its  territory,  but'bceause, 
in  our  desire  to  preserve  the  most  friendly  relations  with  Mexico, 
we  were  disposed  to  treat  her  with  respect,  however  unfounded 
we  believed  her  claim  to  Texas  to  be.  It  was  in  conformity  with 
that  desire  that  the  instructions  were  given  to  make  the  communica- 
tion to  the  government  of  Mexico,  announcinf;  the  sii;nature  ol 
the  treaty,  and  our  readiness  to  adjust  all  questions  which  mijrht 
grow  out  of  it  between  the  two  countries,  on  the  most  liberal 
terms. 

Why  desire  the  concurrence  of  Mexico,  if  war  was  not  appre- 
hended from  the  act  of  annexation  ?  And  why  say  to  Mexico, 
that  we  are  willing  to  settle  all  ipiestions  growing  out  of  annexa- 
tion on  the  most  liberal  terms  ?  What  are  the  questions  growing 
out  of  annexation,  referred  to  in  this  letter?  The  resolutions  of 
annexation  recognize  but  one,  and  that  is  the  question  ol  bound- 
ary. Sir.  in  my  opinion,  the  Secretary  was  willing  to  purchase 
from  Mexico  the  claim  to  the  whole  of  Texas;  or,  in  other  words, 
he  was  willing  to  pay  to  Mexico  a  round  sum  of  money,  by  way  of 
buying  his  peace.  This,  sir,  is  what  he  means  by  settling  all 
questions  on  the  most  liberal  terms.  If  I  am  mistaken  in  this 
view,  he  is  present,  and  can  correct  me.  Then,  sir,  I  ask,  why 
propose  to  purchase  a  peace,  if  there  was  no  danger  of  a  war  ? 

On  the  10th  of  September,  1844,  the  honorable  Senator  wrote 
another  letter  to  our  minister  in  Mexico,  from  which  I  will  now 
read  an  extract.     He  says: 

"  Nor  will  oar  honor,  .iny  more  tii.iti  onr  welfare  and  safety,  permit  Iicr  to  rittaek 
Texas  while  the  question  of  annexation  is  ijendin^.  If  Mexico  has  thonsht  pro[,''rti> 
take  offence,  it  is  we,  who  invited  a  renewal  of  the  proposition,  and  not  she,  who  ac- 
cepted it,  who  ouplit  to  he  held  responsible;  and  we,  ;is  the  responsible  party,  cannot, 
witliont  implicating  our  honor,  permit  another  to  sutler  in  onr  j)lace.  Elltcrlaii)in;: 
these  views.  Mexico  would  make  a  great  mistake  if  she  should  suppose  that  Ihe  Presi- 
dent would  re;rard  with  indifference  the  renewal  of  the  war  which  she  has  prosecuted 
against  Texas.     Our  honor  and  our  interests  are  both  involved." 

Mr.  President,  this  is  a  warlike  document.  It  is,  sir,  that  our 
honor  and  our  interest  are  both  involved  in  defending  and  protect- 
ing Texas  against  Mexico,  pending  the  question  of  annexation. 
This,  sir.  was,  I  think,  a  correct  sentiment — one  the  people  would 
have  sustained.  Sir,  they  would  never  consent  to  a  sacrifice  of 
their  national  honor  or  of  national  interest.  He  then  intended  to 
light  Me.\ico,  if  she  invaded  Texas.  This  is  my  construction  of 
this  letter;  and  I  would  be  pleased  to  hear  from  the  distinguished 
Senator  from  Texas,  who  was  then  the  President  of  that  republic, 
and  to  whom  a  copy  of  this  letter  was  sent — in  order,  as  I  had 
supposed,  to  satisfy  him  that  this  government  would  in  good  faith 
defend  and  protect  Texas,  pending  the  question  of  annexation,  and 
thereby  preserve  both  the  honor  and  the  interest  of  this  nation — 
whether  he  did  not  view  it  in  the  same  light.  But.  sir,  I  now  fear 
that  this  letter  would  have  been  the  means  not  only  of  sacrificing 
our  honor  and  our  interest,  but  it  would  also  have  been  the  means, 
if  Texas  had  been  invaded,  of  deceiving  her,  and  of  enabling  Mexi- 
co to  invade  her.  Texas  was  then  relying  upon  us  for  succor  and 
defence  :  our  I'ailure  to  comply  with  her  expectations  would  li.ave 
misled  her,  and  she  woidd  not  have  been  prepared  to  meet  and  ex- 
pel the  enemy. 

Now,  sir,  I  will  read  you  an  extract  from  the  letter  written  by 
onr  Secretary  to  General  Howard,  and  containing  a  copy  of  the 
one  I  have  just  read .  General  Howard  was  instructed  to  delive  r 
that  copy  to  the  President  of  Texas,  The  letter  which  I  now  read 
bears  date  the  10th  of  September,  1S44,  (the  same  date  of  the 
other,)  and  in  which  he  says  : 

"  All  that  he  can  do  is,  10  make  suitable  lepresentations  to  the  Mexican  government 
against  the  renewal  of  the  war,  jiending  the  (piestion  of  annexation,  and  the  savage 
manner  in  which  it  is  proposed  to  condut't  it,  accompanieil  by  appropriate  protests  and 
indications  of  the  feelings  with  which  he  regards  both;  anrl  to  reconiiucnil  to  Congress 
to  adopt  measures  to  re|ielany  attack  wliicli  may  be  made." 

Now,  sir,  it  seems  all  this  show  of  fight  about  national  honor 
and  interest  turns  out  to  be  nothing  but  wind — -a  war  of  words  and 
gasconade.  How  do  these  two  letters,  written  on  the  saine  day, 
comport  with  the  honor  and  interest  of  this  government?  But,  sir, 
I  will  proceed, 

I  will  now  read  an  extract  from  the  letter  of  the  Secretary  which 
announced  to  the  Mexican  government  that  a  treaty  lor  the  an- 
nexation of  Texas  had  been  signed.  This  letter  is  dated  the  19th 
of  April,  1844 — in  which  he  says  : 

"  Seeing  this,  this  government  has  been  compelled,  by  tlie  necessity  of  the  case,  and 
a  regard  to  its  constitutional  obligations,  to  take  the  step  it  has.  .as  the  only  certain  and 
effectual  means  of  preventing  it;  it  has  taken  it  in  full  view  of  all  possible  eonseijuences. 
but  not  without  a  desire  and  ahojie  that  a  full  and  fair  disclosure  of  all  the  causes  which 
induced  it  to  do  so  would  prevent  the  disturbance  of  the  harmony  subsisting  between 
the  two  countries,  which  the  LTnited  Slates  is  anxious  to  preserve." 

Now,  Mr.  President,  if  the  Senator  from  South  Carolina  appre- 
hended no  danser  of  war  from  annexation,  what  does  he  mean  by 
saying  he  had  "taken  the  step  in  full  view  of  all  possible  conse- 
quences?" What  step?  Annexation.  What  consequences  of 
that  step  did  he  have  in  lull  view  ?  Sir,  it  was  war,  and  nothing 
else  Then,  sir,  he  believed  at  that  time  that  annexation  woulil 
produce  war;  time  has  proved  his  opinion  to  have  been  correct; 
and  yet  he  denounces  the  war.  Sir,  I  do  not  envy  any  laurel  he 
may  win  by  the  pursuit  of  such  a  course. 

I  h.ave  other  evidence,  Mr.  President,  which,  I  think,  is  in  itself 


conclusive  to  every  impartial  mind.  Sir,  it  is  the  letter  of  the  four 
Mexican  commissioners  to  Mr.  Trist,  when  negotiating  a  treaty  of 
peace,  on  the  Cth  dtiy  of  September  last,  in  which  they  say  : 

"  The  existing  war  has  been  nndertaken  solely  on  account  of  theterritorvof  the  State 
of  Texas,  res|)ecting  which  the  North  American  Republic  pnsenl.s  :is  its  title  the  act  of 
the  said  State  by  which  it  was  annexed  to  the  Nnrlh  Arnirican  foil  federation,  after 
having  proclaimed  its  independence  of  Mexico.  The  Atexican  Rcpiilihc  offering  (as 
we  have  informed  your  excellency)  to  consent,  for  a  iirojier  indemnilicalion,  to  the  pre- 
tensions of  the  government  of  Washington  to  the  territory  of  Texas,  the  cause  of  the 
war  has  disappeared,  and  the  war  itself  ought  to  cease." 

Now,  Mr.  President,  can  any  impartial  mind  any  longer  imagine 
what  language  could  be  stronger.  I  repeat  it,  Ihe  existing  war 
was  eommenced  solely  on  account  of  Texas.  This  is  a  war,  then, 
for  Texas.  Who  comnjenced  it  ?  Surely  we  did  not,  for  we  had 
possession  of  Texas.  Then  it  was  commenced  by  Mexico  for  the 
purpose  of  reconquering  Texas;  and  in  this,  as  in  everything  else 
that  "has  been  written  or  said  by  Mexico  as  to  the  cause  of  this 
war,  we  hear  not  one  word  of  complaint  about  the  removal  of  the 
army  to  the  Rio  Grande  as  having  any  agency  in  bringing  on  the 
war.  or  of  hastening  hostilities  between  the  two  countries,  and 
therefore  it  is  that  I  have  insisted  that  this  question  owes  its  origin 
to,  and  is  advocated  alone  by,  citizens  in  this  country,  and  for  pur- 
])oses  best  known  to  themselves;  and  the  same  remark  holds  good 
in  relation  to  the  other  question,  that  our  minister  was  rejected 
simply  because  he  was  not  a  commissioner. 

I  have  now  presented,  Mr.  President,  luy  documentary  evidence 
to  show  that  this  war  is  waged  by  Mexico  for  and  on  accotmt 
of  the  annexation  of  Texas  to  the  United  States;  and  in  doing 
this.  I  Jiave  not  discussed  the  boundary  of  Texas,  because  that 
question  is  not  involved  in  this  war;  and  further,  because  as  Mex- 
ico has  made  no  question  about  boundary,  except  for  the  whole  of 
Texas  to  the  Sabine,  the  whig  parly  here  are  estopped  by  their 
own  record,  manufactured  by  themselves  lor  the  avowed  purpose 
of  placing  themselves  right  before  the  country  and  before  posterity. 
On  this  subject,  sir,  when  the  bill  recognizing  the  existence  of  the 
wttr  was  before  the  Senate,  then  was  the  time  to  inquire  into  the 
cause  of  the  war,  and  whether  it  had  been  brought  on  by  onr  army 
invading  the  territory  of  Mexico,  or  by  the  Mexican  array  by  in- 
vading American  territory.  This  question  was  then  considered, 
and  Senators  then  made  up  their  minds  and  took  their  positions. 
And  to  show  the  position  assumed  by  the  whig  Senators,  I  will 
read  from  the  Congressional  Globe  a  few  remarks  made  by  the 
Senator  from  Kentucky,  (Mr,  Crittenden): 

"  Mr.  ('hittexpeN  expressed  a  desire  that  the  ground  taken  upon  this  subject  by 
the  minority  should  be  recoolcd  njion  the  Jnurnal,  and  for  this  purpose,  he  iiioveii  to 
strike  out  troiil  the  first  section  of  the  lull  the  words,  "to  prosecute  said  war  to  a  speedy 
and  succpssfnl  termination,'  and  insert,  'for  the  jmrpose  of  rc|>elliiig  the  invasion,  the 
I'lesidcnl  is  hereby,'  "  fcc. 

In  favor  of  this  motion,  and  for  the  reasors  given  by  the  Sena- 
tor from  Kentucky,  the  entire  whig  party  in  the  Senate  recorded 
their  votes.  What  invasion  was  to  be  repelled  by  this  motion  ?  It 
was  to  repel  the  Mexican  invaders,  and  to  drive  them  from  our 
soil.  They  had  crossed  the  Rio  Grande,  and  therefore  were,  in 
the  opinion  of  thiJ- whig  Senators,  as  well  as  those  of  the  democrats, 
invading  our  country.  How,  sir,  could  this  be,  unless  the  Rio 
Grande  is  the  boundary  ?  Sir,  I  hold  these  Senators  to  this  record; 
they  made  it  themselves,  and  are,  therefore,  estopped  from  con- 
tradicting It.  I  am  aware,  Mr.  President,  that  the  preamble  of 
the  act  was  a  subject  of  discussion  when  the  bill  was  under  the 
consideration  of  the  Senate;  but,  sir,  did  any  Senator  in  that  dis- 
cussion pretend  or  assert  that  th.it  part  of  the  preamble  to  the  act 
which  asserts" that  the  war  was  brought  on  by  the  act  of  Mexico, 
was  not  true  '  No,  sir;  1  have  looked  over  the  debate  in  vain,  and 
can  find  no  such  thing.  On  the  contrary  all  seemed  to  agree,  that 
if  war  existed  at  all,  it  was  brought  on  by  the  act  of  Mexico.  By 
what  act  did  Mexico  bring  on  the  war  ?  She  crossed  the  Rio 
Grande,  and  thus  invaded  our  country,  and  after  doing  so,  com- 
menced hostilities — shedding  American  blood  on  American  soil. 
Now,  sir,  to  show  that  I  am  rigkt  in  this  view,  I  shall  call  the  at- 
tention of  the  Senate  to  what  was  said  on  this  subject  at  the  time. 
I  shall  read,  sir,  from  the  Congressional  Globe,  as  follows: 

"Mr.  IMvNGVM  bad  made  up  his  mind  to  vote  for  the  bill,  but  he  entered  his  most 
solemn  protest  against  the  hasty  declaration  of  tlie  preamble  alioiit  the  existence  of 
the  war,  and  iie  would  ask  the  Senate  that  that  protest  be  entered  on  the  Journal. 

"  Messrs.  J.  M.  Cl.\YTn.\  and  DxVTO.s  enlered  similar  protests." 

Mr.  MANGUM. — If  the  Senator  will  p.ardon  me  I  would  state, 
that  vote  was  put  upon  the  ground  that  there  was  no  evidence  of 
the  existence  of  war  or  of  a  battle  having  been  fought.  It  will 
be  remembered  that  the  documents,  which  accompanied  the  mes- 
sage, were  not  printed  or  even  read.  The  bill  was  presented  on 
mere  information  that  war  had  been  commenced  by  Mexico,  and 
the  adoption  of  the  preamble  was  resisted  in  the  absence  of  all 
evidence  either  of  the  existence  of  war,  or  if  it  existed  that  it 
was  commenced  by  the  act  of  Mexico.  This  explanation  is  neces- 
sary in  order  to  prevent  any  misconception  which  might  arise  from 
the  imperfect  character  of  the  report  from  which  the  Senator  has 
tpioted. 

Mr.  TURNEY. — Thus,  Mr.  President,  it  is  seen  that  the  only 
objection  to  the  preamble  consisted  in  the  fact,  that  some  Senators 
doubted  whether  hostilities  had  commenced,  and  not  that  the  act 
whick  produced  hostilities,  or  the  hostile  act  itself,  was  the  act  of 
Mexico. 

But,  Mr.  President,  there  is  still  another  answer  to  this  charge, 
that  this  war  was  produced  by  the  removal  of  the  army  to  the  Rio 
Grande.  If  this  was  an  illegal  and  an  unconstitutional  invasion  of 
Mexico,  the  President  is  not   alone  responsible  for  it.     He,  su-,  is 


THE  TEN  REGIMENT  BILL. 


272 

not  a  militarv  man,  but  he  is  a  remarkably  eautions  and  prudent 
one  and  in  this  instance,  as  well  as  in  every  imporlant  stop  in  the 
prosecution  of  tliis  war,  he  has  acted  tipon  the  advice  of  those  who 
not  only  had  a  knowledpie  of  militarv  science,  hut  who  were  on 
the  ground,  and  had  the  best  means  of  obtaining'  all  tlic  necessary 
information  to  enable  them  to  form  a  correct  and  sound  judgment 
as  to  what  ouffht  to  be  done.  If.  then,  he  is  to  be  censured  for 
this  act  aflerusinfr  all  tlie  means  in  his  power  to  obtain  correct 
information,  what  ought  to  be  done  with  those  upon  whose  proles- 
sional  skill  and  ample  means  of  information  he  acted  ?  Gentle- 
men ou"ht  to  remember  that  there  are  those  who  arc  equally  re- 
sponsibfe  with  the  President.  Now,  sir,  for  the  purpose  ol  show- 
in.r  that  the  President  was  instilled  in  his  course,  and  that  Gene- 
rtl  Tavlor,  (an  authoritv  I  am  sure  tlic  Senators  on  the  other  side 
of  thischambcr  will  not  ■question,)  advised  the  removal  ol  the  army 
to  the  Rio  Grande,  I  will  read  an  extr.ictlrom  the  despatch  ol 
General  Taylor,  of  the  4th  day  of  October,  18-lo,  in  which  he  says: 

■To,  the«-  r™>o,„,  o„r  |K,.m<.n.  tl.u,  far  ha-s.  I  think.  l.«n  the  ';-'  P»«'l;lf;;  '"J 
now  that  the  c.„l,r,-f,„c..  will -con  h.-eoncenlralei  ,  ,t  may  "^'  ,',',;' "f;  7,,  ^  X,' 

"r;,::";  I  .  .  -  "  • "  "  a  n,a„rr'n„;  to  he  mistaken.  However  salutary  n,av  he 
he  effi°  t  1.  0.1.  .-,■  I  n|,on  the  hor.ler  .K-ople  by  our  presence  here  we  are  1°"  f^J  t™™ 
he  front  e'r  to  in.prej  the  ..overnn.enl  of   Mexieo  w.th  our  re.-,.  ,n<-.s  to  vmd  eate   by 

ro-teof  arms   it  ne,es>arv.  our  title  to  the  eountrj-  as  lar  as  the  Rio  Oran.le      The 

^,u;'^r.,.ion..n.i„^.W,,ay,.,..^^ 

w^:"x:lu!l;n':,;"':^r,  ;;^"n.:;:; ;;;;.  .\>  n<«  .ee,  a  |;|-^ -■;- ;;:v - 

amctions.  particularly  those  of  Julv  the  fib.  to  makea  lorwar.l  moven.ent  tothu  K,o 
Grande  without  authority  from  Iliu  \\  ar  Driiartment. 

Thus  sir  we  see  that  the  President  acted  upon  the  advice  and 
stronrr  ;ecommendations  of  G,-ncral  Taylor;  and  il  the  act  was 
wron-  and  he  is  to  be  censured  for  it,  a  much  greater  degree  o 
blame  and  censure  ought  to  fall  on  the  militarv  man  possessing  all 
the  means  of  information,  who  advised  it.  But,  sir,  I  have  no 
censure  to  cast  on  any  one.  Far  from  it.  I  think  it  was  a  proper 
and  judicious  act;  one  in  which  all  the  parties  concernca  are  justly 
entitled  to  praise.  Sir,  what  would  have  been  the  indignation  lelt 
throughout  this  conntrv,  ifllie  army  had  been  retained  at  Corpus 
Christi.  and  the  Mexican  armv  had  crossed  the  Rio  Grande,  and 
on  their  march  to  the  interior  of  Texas,  had  devastated  the  coun- 
try murdered  and  plundered  the  citizens,  burned  their  houses  and 
dcstroved  their  farms?  Would  we  then  have  been  told  by  the 
whi"  orators  tliat  this  was  all  right?  No,  sir;  they  would  have 
been  the  loudest  and  the  most  bitter  in  their  denunciations  ol  the 
President  for  not  doing  what  he  has  done. 

But  Mr.  President,  I  have  heard  other  charges  made  against 
the  President  for  the  manner  and  mode  of  conducting  this  war  — 
Some  say  he  did  not  call  out  men  enough;  others,  that  he  called 
out  too  manv;  and  others  find  fault  with  his  plans  ol  c-ampaign. 
One  word,  sir,  in  answer  to  all  these  objections.  The  President, 
I  admit,  is  responsible  for  all  tliese  things.  He  is  to  manage  and 
to  conduct  the  war;  and  I  would  inquire  whether  any  error  of  this 
character  has  been  committed?  I  deny  it.  Everybody  seems  as- 
tonished at  the  success  of  our  armies;  we  have  gained  every  battle, 
and  have  made  astonishing  progress,  taking  tbeir  principal 
towns  and  strong  places  ;  then  we  had  troops  enough  in  the 
ticld  and  our  plans  must  have  been  well  laid  and  well  executed. 
But  sir.  it  would  be  very  remarkable  if  no  error  had— as  I  think, 
in  point  of  fact,  no  error  was— committed  in  all  this  business.  If 
any  had  been  committed,  who  would  be  to  blame  lor  it  ?  I  have 
admitted  the  Prcsi.-ent  would  be  responsible;  but,  sir,  others  would 
bo  to  blame  also;  for  I  have  no  doubt  that  the  President,  prudent 
and  cautious  as  he  is,  had  the  advice  of  the  commanding  general 
„f  the  army  upon  every  plan  of  a  campaign,  and  also  of  the  num- 
ber of  men  necessary  to  execute  such  plan   with  certain  success. 


[Friday, 


This  we  know  to  have  been  his  course  at  the  commencement  of 
the  war,  and  I  doubt  not  he  has  continued  it. 

But,  Mr.  President,  the  Senators  on  the  other  side  of  this 
chamber  inquire,  with  an  air  of  triumph,  why  we  do  not  bring  this 
war  to  a  close  ?  Why  not  make  a  peace  ?  For  what  purpose  do 
we  desire  further  to  p'rosecute  it?  Sir,  we  have  thus  far  prosecuted 
this  war  with  unparalleled  success;  and  I  doubt  not  we  would 
have  had'  a  peace  long  since,  but  for  our  own  divisions  in  re- 
lation to  the  justice  of  this  war.  Mexico  knows  as  well  as  we  do 
when  our  Presidential  elections  take  place.  She  knows  that  the 
leaders  of  the  whig  party  of  this  country  have  taken  open  and 
bold  ground  against  the  war — denounced  it  as  unjust,  unnecessary 
and  unconstitutional — waged  by  us  for  the  purpose  of  conquest, 
robbery  and  plunder.  Can  we  expect,  under  these  nircumstances, 
a  peace,  until  after  the  Presidential  election?  If  the  whigs  should 
be  successful,  Mexico  would  expect  a  favorable  peace — one  that 
would  surrender  to  them  the  country  at  least  to  die  Rio  Grande.if  not 
to  the  Nueces;  and  as  the  war  is  both  unconstitutional  and  unjust, 
they  would  expect  a  reasonable  indemnity  for  the  expense,  sufl'er- 
ing",  and  loss  produced  by  it;  and  could  the  whig  party  refuse  this 
if  the  war  is  unjust?  They  would  be  justly  entitled  to  it.  Again, 
sir,  Mexico  would  tell  them.  You  know  i,ou  had  no  right  to  annex 
Texas,  and  that  this  illegal  and  unconstitutional  act  produced  this 
bloody  and  disastrous  war,  and,  therefore,  you  ought  to  pay  us 
for  Texas  also.  What  answer,  consistent  with  his  former  position, 
could  a  whig  President  make?  None  that  I  can  conceive.  I  am 
asked  how  f  would  end  this  war.  My  answer  is.  that  I  would 
fight  it  out.  True,  sir,  we  have  vanquished  the  armies  ol  Mexico 
in'' every  battle  that  has  been  fought,  and  have  taken  possession  of 
a  large  portion  of  their  territory, including  the  capital,  many  of  her 
populous  cities,  and  her  strongly  fortified  places,  yet  she  is  not 
Subdued.  She  still  persists  in  her  refusal  to  treat  for  peace,  and 
will  continue  to  do  so  until  she  is  whipped  into  submission.  When 
that  time  arrives — when  she  asks  for  peace,  and  proposes  to  make 
atonement  for  past  wrongs  and  aggressions,  I  shall  be  ready  to 
discuss  the  terms  of  peace. 

Mr.  President,  I  will  now  give  a  statement  of  a  few  questions 
growing  out  of  this  war,  in  which  the  leaders  of  the  whig  party 
and  the'^Mexicans  most  heartily  concur  : 

1.  The  whigs  held  that  to  annex  Texas  was  to  make  war  with 
Mexico.  So  .said  Mexico  ;  but  this  having  been  decided  by  the 
people,  the  whigs  now  agree  with  us,  that  it  was  no  just  cause  of 
war.  Shifting  their  position,  they  now  say  that  the  removal  of  the 
army  to  the  Rio  Grande  produced  the  war. 

2.'  That  the  war  is  unjust  and  unconstitutional.  The  Mexicans 
assert  the  same  thing.  .       .  ,,     • 

3.  That  it  is  unjust  and  oppressive  to  levy  contributions  on  Mexi- 
co.    So  say  the  Mexicans. 

4.  That  to  demand  an  indemnity  from  Mexico  for  the  expenses 
of  the  war  is  oppressive,  and  amounts  to  robbery.  The  Mexicans 
take  the  same  ground. 

5.  That  thisis  a  war  waged  and  prosecuted  for  conquest.  So 
say  the  Mexicans.  j    •       , 

6.  That,  as  the  war  is  unjust  and  unconstitutional,  and,  in  the 
extreme,  oppressive  to  Mexico,  we  ought  to  withdraw  our  army. 
So  says  Mexico. 

These,  Mr.  President,  are  my  opinions,  and,  if  I  am  in  error, 
I  have  the  consolation  that  I  err  on  the  side  of  my  country. 

Mr.  BREESE  took  the  floor,  with  the  intention  of  addressing 
the  Senate  on  Monday. 

E.VECUTIVE    SESSION. 

The  Senate  proceeded  to  the  consideration  of  Executive  business 
and  after  some  time  spent  therein. 

On  motion. 

The  Senate  adjourned. 


Febrvaet   14.] 


PETITIONS— RESOLUTIONS, 


273 


MONDAY,  FEBRUARY  14,  1848. 


CREDENTIALS. 

Mr.  BERRIEN  prcsonted  the  creilentials  of  the  Hon.  Hebsch- 
ELL  V.  .(oHNSO.v,  appniiitod  liy  the  Governor  of  iho  State  ol  Geor- 
gia, a  Senator  of  the  United  States,  to  (ill  the  vacancy  occasioned 
hy  the  resignation  of  the  Hon.  Walter  S.  Colquitt. 

Mr.  JOHNSON,  having  taken  the  oath  prescribed  by  law,  took 
his  seat  in  the  Senate. 

petitio.ns. 

Mr  BADGER  presented  the  memorial  of  Mrs.  M.  Rodijors. 
widow  of  Commodore  John  Rodgers,  of  the  United  States  Navy, 
deceased,  prayin.j  payment  for  double  rations  due  her  late  hus 
band  as  senior  otficer  of  the  navy  ;  which  was  relcrred  to  the  Com- 
mittee on  Naval  Affairs. 

Mr.  CRITTENDEN  presented  additional  documents  in  rela- 
tion to  the  claim  of  George  Poindexter  ;  which  were  referred'  to 
the  Committee  of  Claims. 

3Ir.  MILLER  presented  the  memorial  of  the  executors  and 
hefrs  of  John  Rogers,  deceased,  praying  bonuty  land  and  half- 
pay  ;  which  was  referred  to  the  Committee  on  the  Judiciary. 

Ml.  CORWIN  presented  a  memorial  of  the  Ohio  Yearly  Meet- 
ing of  Friends,  held  at  Salem,  praying  for  an  immediate  termina- 
tion of  the  war  with  Mexico  ;  which  was  ordered  to  be  printed. 

Also,  a  petition  of  citizens  of  Stark  county,  Ohio,  and  a  peti- 
tion of  citizens  of  Monroe  county,  Michigan,  praying  for  a  speedy 
termination  of  the  war  with  Mexico,  by  withdrawing  our  troop.s 
within  the  limits  of  our  own  territory,  and  then  settling  the  point  in 
dispute  by  negotiation  or  reference  ;  which  were  referred  to  the 
Committee  on'Foreign  Relations. 

Also,  a  memorial  of  eitizen.s  of  Muskingum  county,  Ohio,  re- 
monstrating against  the  prosecution  of  the  Mexican  war,  for  the 
purpose  of  conquest,  or  forcing  Mexico  to  sell  any  part  of  her  ter- 
ritory to  the  United  States  ;  w^hich  was  referred  to  the  Commit- 
tee on  Foreign  Relations. 

Also,  the  petition  of  Joseph  Newell,  asking  to  be  allowed  to 
change  the  location  of  a  section  of  land  granted  him  under  an  In- 
dian treaty;  which  was  referred  to  the  Committee  on  Private  Land 
Claims. 

Mr.  SEVIER  presented  the  memorial  of  the  Mayor  and  Com- 
mon Council  of  the  city  of  Fort  Smith,  praying  the  division  of  the 
district  of  Arkansas  into  two  judicial  districts,  and  the  location  of 
the  seat  of  justice  for  the  western  division  at  that  place  ;  which  was 
referred  to  the  Committee  on  the  Judiciary. 

Also,  the  petition  of  H.  B.  Gaithcr  praying  compensation  for 
services  as  clerk  to  the  Superintendent  of  Indian  Affairs  west  of 
Arkansas  ;  which  vi'as  referred  to  the  Committee  on  Indian 
Aflairs. 

Mr.  CASS  presented  the  petition  of  Sarah  Ten  Eyck.  executrix 
of  Conrad  Ten  Eyck,  deceased,  late  marshal  of  the  United  States 
for  the  District  ol"'  Michigan,  praying  the  payment  of  a  balance  duo 
him  by  the  government;  which  was  referred  to  the  Committee  on 
the  Judiciary. 

Mr.  NILES  presented  the  petition  of  Reuben  M.  Gibbs,  a  pen- 
sioner of  the  United  States,  praying  to  be  allowed  arrears  of  pen- 
sion; which  was  referred  to  the  Committee  on  Pensions. 

Also,  the  memorial  of  Charles  Larabee,  a  pensioner  of  the  United 
States,  praying  to  be  allowed  an  increase  and  arrears  of  pension; 
which  was  referred  to  the  Committee  on  Pensions. 

Also,  the  petition  of  Asaliel  ICingsley,  a  revolutionary  soldier, 
praying  to  be  allowed  a  pension;  which  was  referred  to  the  Com- 
mittee on  Pensions. 

Mr,  WESTCOTT  presented  a  petition  of  citizens  of  Florida, 
praying  the  establishment  of  a  mail  route  from  Alaqua,  Florida,  to 
iGeneva,  in  Alabama — and  a  petition  of  citizens  of  Florida  praying 
the  establishment  of  a  mail  route  from  Ucheeanna  to  Milton  in 
that  State;  which  were  referred  to  the  Committee  on  the  Post 
Office  and  Post  Roads. 

Mr.  WESTCOTT  observed  in  offering  these  petitions,  that;  the 
people  of  West  Florida  had  for  sometime  past  complained  of  the 
mail  arrangements  there  as  a  nuisance,  and  if  a  remedy  -was  not 
provided,  they  -would  prefer  its  being  abated  to  continuing  as  at 
present. 

Mr.  UNDERWOOD  presented  the  petition  of  the  American 
30th  Cong.— Ibt  Session — No  35. 


Colonization  Society,  praying  reimbursement  of  the  expenses  in- 
curred by  that  society  fur  the  support  of  a  number  of  Africans, 
captured  by  an  United  States'  vessel  of  war,  from  on  board  a  slave 
ship,  and  landed  at  Monrovia,  in  Liberia;  which  was  referred  lii 
the  Committee  of  Claims. 

Mr.  BAGBY  presented  the  memorial  of  Peter  Raudon,  repre- 
sentative of  John  Raudon,  deceased,  praving  indemnity  for  proper- 
ty destroyed  during  the  Creek  Indian  Kostilities:  which  was  re- 
ferred to  the  Committee  on  Indian  Affairs. 

Mr.  DAVIS,  of  Mississippi,  presented  the  petition  of  Samuel  F. 
Butterworth,  praying  compensation  for  services  in  carrying  ths 
mail;  which  was  referred  to  the  Committee  on  the  Post  Office  and 
Post  Roads.  • 

On  motion  by  Mr.  BAGBY,  it  was 

Ordered,  That  the  petition  of  James  H.  Caustcn,  assignee  of 
Col.  John  B.  Hogan,  on  the  tiles  of  the  Senate,  be  referred  to  thn 
Committee  on  Indian  Affairs. 

chkist  church  buri.\l  ground. 

Mr.  GREENE,  from  the  Committee  on  the  District  of  Colum- 
bia, to  whom  was  referred  the  memorial  of  the  Vestry  of  Wash- 
ington Parish,  reported  a  bill  to  authorize  the  sale  of  part  of  pub- 
lic reservation  numbered  thirteen  in  the  City  of  VVashington,  and 
for  other  purposes  ;  which  was  read  and  passed  to  the  second 
reading. 

presekvation  ov  live  oak   trees,  etc. 

Agreeably  to  notice,  Mr.  DOWNS  asked  and  obtained  leave  to 
bring  in  a  bill  to  amend  an  act  entitled  ''An  Act  to  provide  for  the 
punishment  of  oflcnces  committed  in  cutting,  destroying,  or  remov- 
ing live  oak  and  other  timber  or  trees  reserved  for  Naval  purposes,*' 
approved  2d  March  1831  ;  which  was  read  the  first  and  second 
times  by  unanimous  consent,  and  referred  to  the  Committea  on 
Public  Lands.  , 

MESSAGE    KROM    THE    HOUSE. 

The  followins  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  clerk  ;  , 

ilTr.  President  ;  I  :tiii  directed  by  the  Uoiise  of  Represenliilives  to  rettitn  to  tjie  cio- 
Tiate  at  llieir  i-eiinest  the  bill  entitled  "An  Act  for  an  increase  of  the  ."Vledica!  Stafl 
of  iJie  Army  for  a  Iimite<l  time." 

The  Speaker  of  the  ilonse  of  Representatives,  having  sif:ned  sundry  enrolled  bills,  I 
am  directed  lo  deliver  llient  lo  the  Senate  for  the  signaUire  of  its  President. 


signing  of  bills. 
The  VICE  PRESIDENT  signed   the  following  enrolled  bill.v. 

An  Act  t'otihe  reliefof  .losepli  and  Lindley  Ward. 

,\n  .\ci  In  authorize  the  issne  of  a  register  to  the  I)ar'iue  VVilhamet , 

An  .\ct  to  confirni  the  boundary  line  between  Misaouri  and  ..^rkans.is. 

incrkase  of  the  medical  staff. 

Mr.  BADGER  moved  a  reconsideration  of  the  vote  hv  which 
the  bill  for  an  inciea.se  of  the  Medical  Staff  of  the  Armv,  for  a  li- 
mited time,  had  been  passed. 

The  motion  was  postponed  until  to-morrow. 

51K.  dicki.xson's  resolutio.vs. 

Mr.   YULEE   moved   a  postponement  of  the   prior  orders,  m 
order  to  take  up  the  resolutions  submitted  on  the  14th  December, 
by  Mr.  Dickinson,  and  that  his  resolutions,  offered  on  the  12th  of 
January,  as  a  substitute  for  those  submitted  by  Mr.  Dickinso.v 
might  be  considered. 

Mr.  FOOTE  objeclcd.  He  regarded  the  bill  now  before  the 
Senate  as  one  of  vital  importance,  and  expressed  his  decided  oppo. 
sition  to  engaging  in  the  consideration  of  any  other  subject  which 
might  encroach  upon  the  time  allotted  to  the  special  order.  He 
was  not  at  all  disposed  to  give  way  to  a  wordy  debate,  which 
would  trench  upon  the  great  measure  now  before  the  Senate,  and 
be,  perhaps,  of  mischievous  tendency. 

Mr.  YULEE  replied,  that  he  would  be  very  sorry  if  what  he  had 
to  say  on  this  subject  should  he  regarded  as  mischievous  in  its  ten- 
dency. It  was  liis  purpose  to  discuss,  upon  its  constitutional 
merits,  a  question  which  had  not  been  introduced  bv  him  on  that 
floor,  but  which  was  introduced  by  an  honorable  Senator  from  one 
of  the  most  important  States  in  the  Union,  and  which  was  fully 
discussed  by  him  during  the  morning  hour.  Having  presented  a 
substitute  for  the  resolutions  submitted  by  that  gentleman,  he  had 
felt  liiirfself  entitled  to  ask  the  indulgence  of  the  Senate,  for  an  op. 


274 


MR:  DICKINSON'S  RESOLUTIONS, 


[Monday, 


pijiliiniiy 


(if  statins  the  grounds' on  which  these  rosolntions  rested. 


it  was  ilurins  tlie  morning  hour  thai  tlie  proposition  of  the  Senator 
from  New  Yorlc  was  diseussed.  and  it  was  during  the  morning 
hour  that  he  (Mr.  Y.)  solicited  a  like  indulgenoe  from  the  Senate. 

Mr.  FOOTE  would  not  urge  his  objection,  as  assurance  had 
now  hcen  at  least  impliedly  siven,  thai  the  discussion  of  the  hill 
before  the  Senate  wonlil  not  be  interfered  with,  by  allowini;  the 
Senator  I'rom  Florida  to  present  his  views  on  his  proposiiion.  But 
his  conscience  and  sense  of  duty  could  not  permit  hini  to  consent  to 
the  introduction  of  any  matter  which  was  likely  to  impede,  in  the 
slightest  degree,  the  progress  of  the  debate  on  the  great  subject  to 
which  he  alluded. 

Mr.  DOWNS  also  objected  to  thc^  introduction  of  the  resolu- 
tions of  the  Senator  from  Florida  at  tliis  time.  It  was  not  pro- 
bable that  Ihc  discussion  on  them  could  be  avoided,  as  there  was  a. 
difference  of  opinion  in  regard  to  them,  even  on  the  part  of  Sena- 
tors from  the  south.  Still,  ho  was  anxious  to  have  the  (pieslion 
discussed,  and  would  be  very  happy  to  hear  the  discussion,  when 
the  Senate  was  less  occupied  than  at  present. 

Mr.  ,yULEE  said  that  after  he  had  spoken  a  day  could  bo. 
fixed  for  the  consideration  of  his  resolutions. 

Mr.  DOWNS  remarked  that  in  ihat'case  no  opportunity  of  reply  _ 
would  be  afforded   to  gentlemen  who  might  bo  disposed  to  dillcr 
from  the  Senator  from  Floriila. 

Mr.  TURKEY  said  that  if  the  resolulinns  were  taken  n|)  only 
durin"  the  morning  hour  so  as  not  to  interfere  with  the  discussion 
of  ihtTspecial  order  he  had  no  objection;  if  on  the  other  hand  the 
special  order  was  trenched  upon  he  must  relnse  the  discussion  so- 
licited by  the  honorable  Senator  from  Florida. 

Mr.  CASS  suggested  a  postponement  of  the  resolutions  till  after 
the  special  order  had  been  disposed  of  by  the  Senate.  It  was  not 
a  matter  of  pressing  importance  that  the  sentiments  of  the  gentle- 
man from  Florida  on  this  subject  should  be  expressed  to-day.  For 
himself  he  wouhl  hear  the  gentleman  with  great  pleasure,  but  it 
did  seem  to  him  to  bo  in  every  way  most  expedient  to  defer  the  con- 
sideration of  his  resolutions,  and  avoid  any  interruption  of  the  de- 
bate on  the  special  order,  on  which  it  vf as  higlily  important  to  obtain 
speedy  action. 

Mr.  BADGER  besged  to  .submit,  with  great  respect  to  the  hon- 
orable chairman  of  The  Committee  on  Military  Affairs,  that  the 
application  thus  made  by  the  Senator  from  Florida  stood  on  pecu- 
liar grounds.  Agreeing  fully  with  that  gentleman  in  the  general 
position  that  nothing  should  be  done  by  which  the  discussion  of  the 
special  order  should  be  encroached  upon,  yet  he  reminded  him  that 
Senate  had  iicrinitlRd  the  honorable  Senator  from  New  York  to 
occupy  a  portion  of  the  morning  hour  in  remarks  on  the  resolutions 
submitted  by  him  for  which  those  of  the  Senator  IVom  Florida  were 
proposed  as  a  substitute.  That  was  regretted  by  him  at  the  time, 
as  he  regarded  it  as  a  precedent  leading  to  eneroachments  on  the 
time  allotted  for  partieidar  business.  But  in  these  circumstances 
it  did  after  all  appear  to  be  due  to  the  Senator  from  Florida  that 
he  should  be  indulged  in  alike  opportunity  of  expressing  his  views, 
deferring  the  further  discussion  ol  the  subject  till  after  the  special 
order  had  been  disjiosed  of  by  the  Senate. 

Mr.  FOOTE  said  he  disliked  to  occupy  the  time  of  the  Senate, 
■  hut  it  was  important  to  make  a  remark  in  reply  to  the  Senator 
from  North  Carolina.  That  gentleman  had  declared  in  one  brealli 
that  when  the  Senate  allowed  the  Konator  from  New  York  to  dis- 
cuss his  resolutions,  he  eondeiniied  the  act — ^he  disapproved  of  it — 
ho  felt  at  the  time  that  it  was  a  bad  preecdent,  likely  to  lead  to 
serious  interference  with  the  regular  business  of  the  Senate,  and 
yet,  now  he  urged  the  Senate  to  do  the  very  same  thing.  Why  ? 
bn'the  ground  of  courtesy,  forsooth,  to  the  Senator  from  Florida. 
It  appeared,  then,  that  they  were  to  do  wrong  that  some  good  in 
the  way  of  courtesy  might  come  from  it — to  do  what  the  Senator 
from  North  Carolina  himself  admitted  to  be  improper  and  had  con- 
demned at  the  time — to  persevere  in  doing  evil  in  order  to  avoid 
wounding  the  sensibility  of  a  Senator  !  Now.  the  great  question 
was,  what  did  the  country  demand  at  their  hands?  Were  they  to 
permit  themselves 

Mr.  YULEE  here  bogged  to  inform  the  Senator  that  he  did  not 
propose  to  interfere  at  all  with  the  di.seussioii  c  f  the  ten  regiment 
iall. 

Mr.  FOOTE  replied,  that  he  had  distinctly  staled,  if  the  Sena- 
tor from  Florida  did  not  interfere  with  the  disei;«sion  of  the  bill,  he 
would  not  object  to  allowing  him  to  present  his  views  on  his  reso- 
bitions  ;  but  if  the  Senator  encroached  in  the  si  ghtcst  ilcgree — no 
more  oven  than  a  second  of  time — on  that  bill,  Ic  i'clt  bound  lo  op- 
pose the  taking  npof  his  resolutions. 

Mr.  YULEE  said  that  he  expected  that  he  «'i  uld  gel  through 
with  what  he  had  to  say,  before  the  expiration  o  tfe  morning  liour, 
and  would  have  done  .so  if  he  had  not  lii-en  imi  rr.ipted  by  the  Se- 
nator from  Mississippi. 

Mr.  FOOTE  regretted  that  the  Senator  froiu  Florida,  had  not 
been  so  explicit  when  he  first  announced  his  desire  that  his  reso- 
lutions should  bo  taken  up. 


'"  Mr.  CAMERON  observed  that  he  thought  it  would  save  time 
to  allow  the  Senator  from  Florida  to  proceed  with  his  remarks. 
He  understood  that  the  Senator  would  not  occupy  a  longer  period 
than  the  half  hour  which  yet  remained  of  the  term  allotted  to  morn- 
ing business.  The  Senator  would  not,  if  that  was  the  ease,  inter- 
fere in  the  slightest  denrec  with  the  speedy  action  of  the  Senate, 
on  the  Ten  Regiment  Bill,  a  measure  which  was  vitally  important 
to  the  interests  of  the  country,  and  on  the  progress  of  which  a 
speedy  peace  very  much  depended. 

Mr.  HANNEGAN  suggested  that  the  Senator  might  be  allow- 
ed to  proceed,  with  the.  understanding,  that  at  one  o'clock,  he 
should  give  way  to  the  special  order. 

Mr.  BADGER  begged  to  detain  the  Senate  only  a  moment,  for 
the  purpose  of  setting  himself  right  in  regard  to  an  observation 
which  he  made,  and  to  which  the  Senator  from  Mi.ssis.sippi  had 
attempted  to  give  a  construction  which  was  not  altogether  correct. 
He  did  not  suppose  that  the  Senator  from  Florida  ought  to  be  in- 
dulged in  making  his  speech,  on  the  ground  of  "courtesy;"  but  he 
thought  that  in  the  circumstances  ol^  the  case,  the  Senate  had  so 
committed  itself,  that  it  was  jierhaps  an  act  of  justice  to  allow 
that  iientleman  to  express  his  views,  on  the  resolutions  offered  as 
u  substitute  fur  those  of  the  Senator  from  New  York,  who  had  been 
indulged  in  an  opportunity  of  presenting  his  own  at  length. 
There  was,  therefore,  no  ground  for  I  he  charge  of  inconsistency  in 
the  remark  which  he  had  made,  that  although  at  the  time  he  feared 
that  the  exten.sion  of  that  indulgence  to  the  Senator  from  New 
York,  might  lead  to  inconvenience  in  the  interruption  of  the  public 
business,  yet  it  seemed  to  be  proper  to  grant  a  similar  favor  to  Uie 
Senator  from  Florida.  It  was  better,  he  thought,  to  submit  to  the 
inconvenience,  than  deny  to  the  Senator  from  Florida,  the  oppor- 
tunity of  presenting  his  views,  as  nearly  contemporaneous  as  pos- 
sible with  those  of  the  Senator  who  took  a  different  view  of  the 
subject. 

Mr.  FOOTE  had  only  to  say  that  he  regarded  justice  lo  the 
country  as  more  important,  than  justice  to  individuals. 

The  cpiestion  was  then  taken  on  the  motion  to  take  up  the  re- 
.solulions  subiuiitcd  by  the  Senator  from  New  York  ;  and  it  was 
decided  in  the  alfirraative. 

The  resolutions  submitted  by  the  Senator  from  New  York 
(Mr.  DiciiiNsoN)  were  then  read  as  follows  : 

Krfnifmil,  Th.'it  IriK*  piilii^y  reqiiiieslhe  governnieni  of  tlie  United  States  to  strength- 
en its  i.olitieal  ami  eoinintrcial  relations  U|)on  this  eontineDt  by  tlie  uniiexatioii  of  such 
lonlignous  teriilory  as  may  fon'liiee  lo  that  end  and  can  be  justly  obtained  ;  and  Iliat 
iieitlier  in  sueh  acquisition  nor  in  tlie  territon.il  orf!anization  theauf  eaii  any  eoiiditions 
be  constitutionally  impo'-t-d,  or  institutions  be  provnled  for  or  e.-.tublislied,  iiieoilsi^telit 
M  itb  the  ri^lit  of  the  people  tlieleoflo  foirii  a  I'ree  sovereign  St^e.  with  the  powers  aud 
pr.vile^es  of  the  onpinal  members  of  tile  Confederacy. 

}ii>iolriil.  That  m  orjjanizing  a  territorial  j;o\eiii!iienl  for  lerritory  belonging  to  the 
ITnited  Plates,  the  jirmciplesof  self  goveninielll  upon  which  onr  federative  system  rests, 
will  behest  promoted — the  true  spirit  and  meaiiiii;:  of  the  (vonstitulion  be  observed, 
and  the  confederacy  streiiKthened.  by  leaving  all  questions  concerning  the  domestic  po- 
icy  therein  to  the  legislature^  chosen  by  t  be  people  tJiereof. 

As  a  substitute  for  these  resolutions,  the  Senator  from  Florida 
submitted  the  following,  which  were  also  read  : 

Risolrrd,  That  the  territory  belonging  to,  or  which  may  be  acquired  by  the  United 
Stales,  is  the  common  piojjerly  of  the  Union,  and  the  sovereignty  over  the  same  vests 
in  ibe  people  of  the  several  States  comprising  the  Union. 

Hfso/rrd.  further.  That  the  leileial  govcinment  has  no  delegated  anthoiitv.  nor  the 
teiritorial  coiiiimuMty  any  inherent  light,  to  exercise  any  legislalive  power  vvithin  the 
said  lerrilones.  by  which  the  e(;ual  right  of  all  the  citizens  of  the  tinited  Slatt-s  to  ac- 
quire and  enjoy  any  part  of  the  common  property,  may  be  iin|iaired  or  embarrassed. 

Mr.  YULEI^. — It  has  seemed  to  me  due  to  all  the  interests  in- 
volved, that  there  be  a  clear  understanding  of  the  position  of  all 
parties  in  this  country  upon  the  ([uestion  to  which  these  resolutions 
relate.  So  far  as  the  Senator  from  New  York,  and  those  who 
agree  with  him,  design  to  repudiate  the  principles  of  the  Wilniot 
Proviso,  and  have  aiilcd  in  siipjiressing  its  prevalence  ui  the  North, 
they  are  entitled  to  our  profound  thanks;  and  I  join  in  coiumend- 
iug  the  spirit  with  which  they  have  sought  to  advance  towards  a 
satisfactory  adjustment  of  dilfcrenccs.  But  it  is  impossible  forme 
to  close  mv  eyes  to  the  fad,  that  although  various  approaches  have 
been  made,  since  the  last  session,  in  the  direction  of  the  constitu- 
tion, none  of  these  attempts  have  reached  a  point  satisfactory  to 
the  public  mind,  aad  wc  arc,  to  all  practical  intents,  very  much 
where  wc  stood  at  the  last  session. 

What  is  it  in  tho  principles  of  the  Wilmot  Proviso  that  excites 
so  justly  the  alarm  and  indignation  of  the  southern  states  of  the 
Union?  That  Proviso  contemplates  the  exclusion  of  the  people 
of  ;i  portion  of  the  states  of  lite  Lliiion  from  the  use  of  aciitiisi- 
tions  obtained  through  the  common  wealth  and  strength  oi' the 
whole.  It  insults  us  by  resting  this  discrimination  upon  a  ground 
injurious  to  the  moral  priile  and  ilignity  of  the  South.  It  strikes 
at  the  security  of  property  in  the  southern  states,  by  aiming  to 
surround  them  with  a  cordon  of  States  having  aiit!i"onist  institu- 
tions; and  threatens  the  security  of  ihcir  rights,  by  disturbing  the 
political  equilibrium  III  the  two  gictit  sections  of  the  Union.  On 
these  accounts,  the  Wilmot  Piovi.so  isjustiv  regarded,  by  a  large 
portion  of  the  people  of  the  Union,  as  an  odious  attempt  to  insult, 
lo  belray,  and  to  injure  them.  It  is  feared  as  an  attack  upon  the 
coiupromises  of  the  con.slitution,  and  execrated  as  a  disturber  of 
the  liariiionies  of  the  Union.  In  its  inception,  and  its  application, 
and  in  all  its  aspects,  it  is  disttislcful  to  all  who,  viewing  it  as  I  do, 
reverence  the  Union,  respect  the  rights  of  the  states,  or  set  any 
value  upon  the  dignity  of  citizenship.     It  is  needless  fgruie  to  say, 


February  14.] 


MR.  DICKINSON'S  RESOLUTIONS. 


275 


that  as  a  lieije  citizen  of  a  soiithevn  state,  I  can  lend  no  aid,  di- 
rectly or  indirectly,  to  results  so  nijiinous  as  those  involved  in  the 
Wihuot  Proviso;  nor  combine  in  political  effort  with  any  party 
which  in  the  remotest  deijree  suffers  its  taint  to  rest  upon  it. 

Since  the  last  session  of  Congress,  several  propositions  for  a  set- 
tlement of  the  question  have  been  advanced  from  distinguished 
quarters.  For  one,  I  lieartily  thank  them  all  for  the  noble  spirit 
of  independence  and  justice  which  they  have  exhibited  a  disposi- 
tion to  practice.  But  their  propositions  seem  to  involve,  in  the 
contemplation  of  the  advocates  of  their  opinions,  results  practi- 
cally the  same  as  those  of  the  Wilmot  Proviso.  It  becomes  im- 
portant, therefore,  to  explore  still  further  the  field  of  the  constitu- 
tion for  a  secure  fuundation  to  our  rights. 

The  two  loading  propositions  to  which  I  will  refer,  because  they 
seem  to  comprehend  in  their  scope  all  the  resi.  aie — 

First,  The  Missouri  compromise  line  as  the  rule  of  settle- 
ment; and. 

Secondly.  A  transfer  of  the  (lucstion  to  the  inhabitants  of  the 
territory. 

Neither  of  these  .satisiy  me.  Legislative  eoinproraise  is  the  most 
unsafe  and  shifting  ground  upon  which  the  rights  of  a  people  can 
rest.  No  other  evidence  of  this  is  ncces.sary  than  is  furnished  by 
the  fate  of  the  tariff  compromise,  and  still  more  recently  hv  the 
votes  of  the  late  Congress  ujion  this  very  Missouri  compromise. 
The  constitution  furnishes  the  only  enduring  and  steady  basis  of 
right,  and  the  legislation  of  Congicss  is  incompetent  to  modify  or 
compromise  the  terms  of  this  fundainental  compact;  for  otherwise 
the  creature  may  control  the  creator.  Nor  is  the  praposed  trans- 
fer of  the  question  to  the  inhabitants  of  the  territory  less  objec- 
tionable. It  is  not  only  in  conflict  with  the  duties  and  authority  of 
Congress,  but  it  resigns  to  the  lirst  few  persons  who  chance  to  be 
upori  acquired  territory  the  whole  disposition  of  the  destiny  of  our 
territorial  possessions.  The  insulliciency  of  either  of  these  plans 
to  avert  the  evil  effects  of  the  Wilmot  principle,  seems  to  be  con- 
ceded by  their  respective  advocates,  who,  while  they  patriotically 
denounce  the  agitation  of  tlie  Wilmot  Proviso,  adopt,  doubtless 
from  honest  conviction,  grounds  which  they  acknowledge  must  prr. 
duee  the  same  practicarresults.  They  hold,  that  because  the  laws 
of  Mexico  prohibit  slavery,  it  could  never  exist  in  territory  ac- 
quired from  her,  unless  expressly  established  or  authorized  by  Con-  ■ 
gress;  and  one  branch  of  them  assign  to  the  inhabitants  of  the  ter- 
ritory an  original  right  of  legislation  in  respect  to  their  local  go- 
vernment, including  the  subject  of  slavery— thus  denying  to  Con- 
gross  the  power  to  legislate  for  the  protection  of  our  citizens  in 
the  territories  of  the  United  States.  Of  course,  if  the  repeal  of 
the  restriction  depended  upon  Congress,  it  would  be  in  the  power 
of  the  north  to  control  the  question,  as  they  have  a  settled  major- 
ity in  the  House  of  Kepresentatives;  or,  if  the  question  was  left  to 
the  inhabitants  of  the  territory,  those  who  were  transferred  with 
it,  would  fix  its  destiny  as  a  non-slaveholding  territory,  bv  contin- 
uing tli»  restriction  and  excluding  the  settlement  of  slaveholders. 
[He  referred  to  sundry  evidences  to  show  that  such  were  the  views 
and  acknowledged  anticipations  entertained  upon  the  subject,  by 
many  who  were  resisting  the  agitation  of  the  Wilmot  Proviso  in 
the  Northern  States.] 

Thus  it  will  bo  seen  that  both  these  propositions  rest  upon 
grounds  which  render  inevital)le  the  same  practical  result  as  the 
Wilmot  Proviso,  namely,  tlie  encirclement  of  the  South  by  a  belt 
of  non-slaveholding  States,  with  all  its  fatal  consequences  upon  our 
prosperity  .and  existence.  The  only  difference  I  can  sec,  is  in  the 
temper  which  is  exhiliited.  While  the  advocates  of  AVilmotism 
march  boldly  up,  with  hostile  spirit,  to  the  violsnt  immolation  of 
the  States  of  the  South,  the  advocates  of  the  other  propositions, 
acting,  as  I  believe,  under  an  erroneous  conception  of  the  Consti- 
tution, invite  us  to  aid  in  our  own  immolation;  thus  converting  the 
execution  into  a /c/o  (ft  St'.  However  we  may  estimate  their  re- 
spective motives,  the  fatal  enccis  would  be  the  same,  and,  there- 
fore, with  equal  decision  to  be  repelled.  Believing  that  it  is  the 
right  of  a  citizen  of  the  southern  Slates  to  go  upon  any  territory 
belonging  to  the  United  States  which  is  opened  to  occupation,  and 
to  reside  upon  it  securely,  with  his  slaves  and  other  property,  under 
the  guarantees  of  the  constitution;  and  believing,  further,  that 
Congress  is  bound  to  throw  over  him  the  shield  of  its  protection  in 
the  enjoyment  of  this  right,  against  distuiibance  from  any  quarter, 
I  deem  It  due  to  the  State  I  represent  to  disjinte  the  opinions  which 
conflict  with  my  belief.  And  I  engage  in  the  discussion  the  more 
readily  from  the  conviction  that,  als  the  advocates  of  these  doc- 
trines in.anilest  a  purpose  to  plant  themselves  upon  whatever  ground 
a  true  construction  of  the  coiistilulion  may  require,  we  may,  by  a 
thorough  discussion  at  an  early  day,  discover  where  is  the  line  of 
truth,  and  join  tocelher  in  its  maintenance. 

The  Senator  from  New  York  (Mr.  Dicicinson,)  being  as  yet 
the  only  exponent  upon  this  floM"  of  the  doctrine  cd'  a  right  in  the 
inliahiiants  of  our  territories  to  control  the  question  of  slavery,  I 
shall  proceed  to  an  investisration  of  the  principles  he  advances.  As 
I  understand  the  Senator,  he  holds,  that  the  people  inhabitintr  a 
territory  ol  the  United  States,  have  the  riu'ht  of  self-governnrent 
in  all  that  concerns  their  domestic  or  internal  affairs,  a's  "an  inhe- 
rent right  ol  sovereignty,"  "That  Congress  (to  use  his  own 
words)  can  exercise  legislation  only  so  far  as  is  necessary  to  pro- 
tect the  interests  ot  the  United  States;  and  that  the  legislation  for 
the  people  should  be  exercised  by  themselves,  under  the  constitu- 
tion, bo  tar  as  the  logic  of  my  friend  is  concerned,  the  admission 
ol  his  whole  proposition  would  not  produce  the  conclusion  he  de- 
signs. His  proposition  contains  two  admissions  which  press  the 
whole  fabric  of  Uis  argument  to  the  ground.     He  ftdmits  them  to 


be  territories  of  the  United  States;  and  while  transferring  the  pow- 
er of  legislation  from  Congress  to  the  persons  inhabiting  them,  ad- 
mits they  must  legisl.ate  "under  the  constitution,"  Now,  in  ad- 
mitting the  territory  to  be  "territory  of  the  United  States,"  that  is 
to  say,  belonging  to  the  people  of  the  States  which  compose  the 
Unifin,  the  fu.ther  admission  is  involved  of  a  right  in  the  peotde  of 
the  several  United  t^talcs  to  enjoy  its  use.  And  in  admitting  that 
the  people  of  the  territory  must  legislate  "under  the  consiitiuion  " 
he  places  their  authority  under  the  same  limitaliun  that  would  re- 
strain Congress  from  legislation  tending  to  excluile  the  citizen  of 
any  State  from  an  equal  and  just  jiarticipation  in  the  common  prop- 
erty. Surely,  if  the  people  of  the  United  States  own  the  torritorv 
they  have  a  right  lo  enjoy  their  property  without  hindrance;  and 
if  the  constitution  covers  the  territory,  the  local  legislation  must 
be  subject  to  all  its  limitations.  So  that,  after  all,  the  question 
raised  by  the  Wilmot  Proviso  would  return  with  the  same  Ibree  as 
ever — is  there  a  powfrr  of  legislation  under  the  constitution,  no 
matter  whether  in  Congress  or  elsewhere,  by  which  the  citizen  of 
any  State  can  be  excluded  from  participating  equally  with  all  the 
rest  in  the  common  pitqicrty  of  the  Union? 

But  I  presume  the  argument  of  my  friend  contemplated  a  power 
in  the  people  inhabiting  a  territory  to  legislate  upon  the  subject  of 
slavery,  and  upon  all  other  subjects  not  relating  to  the  disposal  of 
the  soil,  I  take  issue  with  him  here,  and  utterly  deny  to  the  in- 
habitants of  territory  of  the  United  States  any  original  power  of 
legislation  or  government  whatever  within  the  territory,  except  as 
a  result  ol' revolution.  In  the  first  place,  the  Senat(n''s  position  is 
opposed  to  the  whole  course  of  legislative  practice  upon  the  sub- 
ject. From  the  ordinance  of  1789  respecting  the  territory  of  the 
United  States  northwest  of  the  Ohio,  down  to  the  bill  relative  to 
the  Oregon  territory,  rc))orted  a  i'ew  days  since,  Congress  has  al- 
ways exercised  an  exclusive  control  overthe  territories.  An  orig- 
inal right  in  the  inhabitants  to  govern  themselves  in  any  degree 
whatever  has  never  been  recognized,  nor  until  recently  ever  asser- 
ted. In  the  next  place,  his  position  is  opposed  to  the  whole  cur- 
rent of  direct  judicial  decision,  and  to  the  ojiiuions  of  all  the  most 
eminent  writers  upon  Ahierican  political  law, 

"  All  arlniit  tlie  oonstimtiouaiity  ot^  a  territorial  government." — MiCti/lnIt  vs.  State 
of  Mtirijlmui.  4  fVli.  R.  4'.^^ 

Chief  Justice  Mar.sliall  says,  spaakii!g  of  the  exclusive  power  of 
Congress  to  govern  a  Territory  belonging  to  the  United  States  : 

*'  Whichever  may  he  the  souree  whence  the  power  is  derived,  the  i)Os3ession  of  il  U 
nnr|iie^lioi»fd." — 1  Peters'  lirp,  .'iJS, 

"  RiiU's  and  Regulations  res|ieeling  the  territory  of  the  United  Stnte.t ;  they  neces- 
sarily include  complete  jurisdiction." — The  C/terokcc  Juration  vs.  Stati  of  Qeorffia,  S 
Peters^  lirp.  44. 

"  The  [lower  of  poverninfj  and  of  legislating  for  a  Territory  is  the  inevilahle  conso- 
(luence  ot  the  rrght  to  acquire  ami  lo  hold  lerrilory.  Moreover,  under  this  section  fail, 
4,  sec.  3J  Congiess  possessed  and  exercised  the  ahsolute  and  nDdis)Uited  power  of  cov- 
eming  and  legislating  for  t!ie  Territories  erected  in  Louisiana  after  iLs  pnrclia:je." — ^Ser- 
ffcaiit's  Cor.slitiitiofinl  J.am,  3Htl. 

"  -As  the  General  (lovermnent  possesses  the  right  to  acquire  lerrilorv  eiiher  by  treaty 
or  conquest,  it  wonlil  seem  to  tollow,  as  an  inevitable  consequence,  thai  it  |i'os5C«st» 
the  power  lo  govern  what  it  has  so  aequired.  The  territory  does  uot,  when  «o  acquired, 
he<;onie  entitled  lo  seIf-go\'eriiincnl,  and  it  is  not  suhjecl  to  the  jurisdiction  of  any 
State,  It  must  consequently  he  under  the  dominion  and  jurisdiction  of  the  Union,  or  it 
would  be  witlioutany  governiucnl  at  all." — 3  istoinf's  Cornm..  193.  19-J. 

To  the  same  effect  will  be  found  Rawle  on  the  Constitution. 
237;  1  Kent's  Commentaries,  383,  3S6;  3  Story's  Commentaries  on 
the  Constitution,  198, 

I  will  add  an  authority  from  Louisiana,  which  is  the  more  de- 
serving of  attention,  from  the  circumstance  that  it  is  to  be  pre- 
sumed the  bar  and  court  were  fully  conversant  with  all  the  mooted 
questions  of  territorial  right.  The  counsel  in  the  case  contested 
"  the  power  of  Congress  to  govern  the  Territories,"  and  contend- 
ed, "  that,  admitting  they  possess,  they  cannot  delegate  it."  The 
court  remarks  upon  this  case  as  follows  : 

"  If  any  doubt  could  be  entertained,  it  would  certainly  vanisti  on  consideration  of 
the  part  ot"  ihe  coiistitotiou  of  llie  United  States  to  whidi  the  counsel  for  the  Stale 
lias  drawn  our  attention  :  *  Congress  have  the  power  to  dispose  of  and  make  all  need- 
ful rules  anil  regulations  with  regard  to  the  territory  or  other  property  ot  the  United 
Suites.'  Now.  a  very  needful  regulation  with  regard  to  the  laud  of  the  United  Stales, 
considered  as  the  suhjecl  of  properly,  is  to  provide  for  its  settlement.  The  individuals 
who  are  lo  settle  on  it  must  he  designated,  and  when  thert-.  must  have  some  kind  of 
governmeiil  given  them,  otherwise,  if  any  individual  have  a  right  to  remove  tJiitlier, 
and  those  thus  assendileil  can  establish  a  government  ot  their  own,  independent  of, 
and  nui-outiolled  by,  the  authority  of  the  United  States,  would  not  the  acquiescence 
of  The  latter  be  ail  implied  relinqnisbment  of  their  liUe?  Would  not  a  State  thus 
erected  be  at  liberty  to  decline  being  incorporated  into  the  Union  1" 

But  let  us  now  try  his  proposition  by  general  principles.  Let 
me  remind  the  Senator  of  one  or  two  elemental  principles,  too  well 
es'.ablishcd  to  require  ilemonstration  ;  as,  lirst,  that  the  legislative 
power  is  an  attribute  of  sovereignty.  Secondly,  that  sovereigntj' 
is  indivisible.  I  concede  that  the  several  attributes  or  functions  of 
sovereignty  may  be  exerted  throngh  divers  agencies  ;  but  sover- 
eignty, or  the  exclusive  and  supreme  ultimate  authority  in  a  state, 
from  which  all  political  action  proceeds,  must,  from  its  very  na- 
ture, be  complete,  and  incapable  of  division  ;  for,  otherwise,  there 
might  be  in  the  safne  state,  and  at^  the  same  lime,  two  supreme 
powers  ;  which  is  an  absurdity.  Now,  then,  tried  by  these  axi- 
oms in  political  science,  how  stands  his  thro"y  of  au  "inherent"  le- 
gislative right  in  the  inhabitants  of  a  territory  ?  If  they  possess  it , 
it  must  be  because  they  possess,  in  some  degree,  sovereignty.  If 
they  possess  any  sovereiijnty,  they  possess  it  in  its  entiretv.  If 
they  possess  it  in  Us  entirety,  they  are  an  independent  political 
state,  and  are  of  course  independent  of  the  United  States,  as 
of  all  the  world  ;  and  the  country  covered  by  their  jurisdic- 
tion cannot  be  territory  of  the  United  States  ;  for  sovereignty 
comprises  an  ultimate  dominion  over  all  the  lands  within  the 
boundaries  of  tUe   society.     This  conclusion  cannot  be  avoided, 


276 


MR.  DICKINSON'S  RESOLUTIONS. 


[MONDAV, 


if  rlie  premise  of  llic  Senator's  proposilioii  'ue  coiicetled,  that'  the 
inhabitants  of  a  territory  possess  any  "inherent  right  of  sovereign- 
ty,'' or  of  "self-government,"  whatever.  The  possession  of  sueh 
a  right,  in  any  degree,  precludes  the  existence  of  any  superior  or 
sovereign  authority  external  of  tlie  eonimunily.  I  will  read  a  pas- 
sage from  the  Senator's  remarks,  which  appears  to  compreliend  his 
entire  view  as  to  the  rights  of  the  rights  of  the  inhahitants  of  a 
territory  of  the  United  States  : 

"  It  is  not  deniptl  thai  if  tlie  peo[)Ie  of  the  terrilorv  aoquicjcp  in.  or  .idopt  the  tbnn 
of  domestic  government  pfoiio?.ed  lor  tiioni  by  .Coii^res^.,  it  lie<-oinestiteir  own,  having 
all  the  force  of  law  until  tlii-y  "alter  or  abolish  it.'  Bnt  tlii.  ;iivl^  to  C'on{;res^  nocon- 
itjtutionnl  tiglit  to  enforce  itsleL'isl.ition  upon  the  people  of  the  territories  a<iainst  their 
will,  .inil  much  le>s  does  it  prohibit  the  people  of  the  t^tate  in  etnbiyo  from  exercising 
ibtU  oien  inherent  riffht  of  sorcrciirinv  in  their  doinestie  an;iits." 

■*  It  >  S.  s  *  *■  ii;  -T-  -- 

"  TliO  repnt»lican  theory  teaches  that  soveretKiitv  resides  with  the  people  of  a  State. 
and  not  with  iti  itolitical  organization  ;  and  the  iJecIarafion  of  Independence  recog- 
nizes the  richt  ot  the  people  to  alter  or  abolish  and  reeonstr-.iel  their  governuient.  If 
SiwerejiTntii  resides  .with  the  people  ami  not  with  tlic  or^'ani/.:ition,  it  rests  as  well 
with  thrpf'ople  of  ii  territfifi/,  in  ail  that  concerns  their  interna!  condition,  as  with  the 
people  of  tin  ot^aiit/ed  State.  And  if  it  is  the  rigid  of  the  people,  ny  virtue  of  their 
fnnnte  suvererpitllf,  'to  alter  or  aholisli,'  and  reconstruct  their  poverntnent,  it  is  the 
Itgiit  of  the  inhab:tantsof  territories,  by  virtue  of  the  same  inbo.ii  altribnte,  infall  tliat 
npitertains  to  their  donjeslic  concerns,  to  fashion  one  suited  to  their  condition.  A.nd  if, 
in  this  respect,  a  form  of  government  is  [irojiosed  to  them  by  the  l''ecleral  fioverntnent. 
and  adopted  or  acf|uiesced  in  by  them,  they  may  af:erwards  alter  or  abolish  it  at  plea- 
?nre.  Althoui.di  the  jjovernmcul  of  a  territory  has  not  the  same  sovereign  power  as 
tbepovernmeol  of  a  Blate  in  its  political  relations,  the  people  of  a  territory  have,  in 
all  that  npjtertains  to  their  internal  condition,  the  same  soven-igu  rights  as  the  peopleof 
a  Stale.  While  Congress  may  exercise  its  legislation  over  territory  so  far  as  is  necessa- 
ry to  protect  tlie  interests  of  the  I'nited  States,  the  legislation  for  the  peojde  should  he  ■ 
exercised  by  them  under  the  Constitution." 

Now,  it  is  evident  that  the  Senator  ehtims  for  the  inh.abitants  of 
a  territory  of  the  United  Stales,  as  a  distinct  political  society,  a 
degree  of  inlieient  right  of  self-governiiient  and  legislation,  which 
may  authorize  them  to  accept  or  reject  any  rule  jireseribcd  by  the 
United  States,  and  in  virtue  of  which,  they  may  "alter  or  abolish," 
at  their  pletisure,  the  government  enacted  for  them  by  Congress. 
1  cannot  presume  the  Senator  alludes  to  the  right  of  revolution; 
and  I  therefore  infer  he  supposes  that  such  rights  can  exist  in  the 
inhabitants  of  a  territory,  consistently  with  its  relations  to  the 
U.iited  States,  ;is  a  part  of  its  domain. 

To  negate  this  theory,  I  will  read  a  .single  sentence  from  the 
late  work  of  an  eminent  fellow-citizen  of  the  Senator  : 

".\s  no  S^tale  can  properly  be  considered  at  once  sovereign  and  subject,  so  no  State 
can  with  strict  pi-opriety  be  considered  as  half  or  imperfectly  supreme," — IVhetitoii,  on 
Intcrnationtil  Late,  p.  1)7. 

No;  nothing  can  be  more  clear  than  that  the  inhabitants  of  a 
territory  must  be  altogether  subject  to  political  control  by  a  supe- 
rior authority,  or  are  altogether  independent  and  sovereign  in 
themselves.  For  this  last  alternative  the  Senator  will  not  contend, 
and  the  first  is  therefore  undeniable.  Something  of  what  seems 
to  me  the  confusion  of  the  Senator's  theory,  grows,  tis  I  apprehend, 
out  of  a  luisappreliension  of  terms.  He  speaks  of  the  inhabitants 
of  territorv  of  the  United  Sttitcs  as  ''a  people.''  They  are  not 
a  people,  in  a  political  sense;  they  compose  no  civil  society.  They 
are  simply  inhabitants  of  territory  uf  the  United  States.  Their 
condition  in  tliis  regard  is  very  well  described  in  a  passage  wliich  I 
will  read  : 

".\  society  of  men,  by  whatever  ties,  and  for  whate^er  pie  poses  they  may  be  uniteri 
10  one  another,  is  not  complete  in  itself,  if  it  h:is  not  within  itself  an  imle[»?ndent  jKiwer 
of  governmeni,  but  is,  either  in  its  legislative  or  it-s  executive,  snbieetto  be  controlled 
by  any  power  from  wilbout.  Such  a  society,  therelijre,  Ihougli  tinrined  for  civil  pur- 
poses, is  no  civil  society;  it  can,  al  best,  be  only  a  part  of  some  other  plate,  and  is 
usually  caller!  a  province  to  that  State  in  particular  from  vvbicli  it  receives  its  laws,  or 
by  which  it.s  public  force  is  put  in  motion  and  made  to  act." — Rutlierftirlh'i  Insti- 
tutes, Ji.  68, 

Another  misapplication  of  terms,  as  I  think,  is  in  the  use  of  the 
word  "territory,"  as  descriptive  of  a  political  organization.  There 
is,  in  fact,  no  sueh  political  or  civil  organization.  The  term  is 
only  predicable  of  the  lands  covered  by  the  jurisdiction  of  a  State 
or  nation.  Territory  is  not  used  in  the  constitution  in  anv  other 
sense,  nor  has  the  legislation  of  Congress  ever  employed  it  any 
otherwise  than  as  descriptive  of  public  domain.  If  tlie  persons  in- 
liabiting  territory  composed  a  civil  society  of  State — if  they  were 
paramount  lords  of  the  soil  which  they  occupied — if  thev  were  in- 
dependent of  the  control  of  any  other  authority — they  would  ihen 
possess  the  right  of  self-governiiient  and  of  legislation,  because 
they  would  be  sovereign.  But,  failing  in  all  these  essential  ele- 
ments of  sovereignty,  they  fail  altogetlier  of  anv  right  of  legislation. 
1  conclude  that  the  inhabitants  of  a  territory  o{  the  United  States 
have  no  original  or  inherent  rights  of  goveriiment  or  legislation. 

I  come  niiw  to  the  i|Ucstion,  AVher'c  is  the  right  of  government? 
Whose  is  the  territory  '.  The  answer  to  this  will  determine  the 
point.  The  constitution  liescribes  it  as  "territory  belongino-  to 
the  United  States."  That  is  to  say,  territory  Lielonging  "o  "the 
people  of  Maine,  New  York,  Virginia,  Georgia,  Te.xas,°and  the 
other  States,  united  nnder  the  constitution.  .The  government  of 
the  United  States,  then,  possesses  the  right  of  government  as  the 
common  a»ent  of  llie  people  of  the  United  States,  in  whom  inhei-es 
the  sovereignty  over  it,  and  the  complete  and  exclusive  jurisdic- 
tion which  this  sovereignty,  by  tlie  laws  and  usages  of  civil  society, 
confers. 

"Betide?  the  eminent  domain,  the  soven-ignty  gives  a  right  of  another  nature  ovi  i 
all  public,  common,  and  private  proiietty— that  is.  the  nnjiire.  or  the  ri»lit  of  com- 
mand in  all  places  of  tlie  country  belonging  to  the  nation.' —J'l/i'rf/   113" 

"The  domain  of  the  n,alion  extends  to  everything  slie  possesses  bv  i  just  title-  it 
compreliendj  her  ancient  and  just  [wsjessions,  and  all  her  acquisiuoris  made  bv  means 
which  are  Justin  themselves,  or  admilled  as  such  among  nations— eoncessioiis.  pur 
chases,  conquests  made  in  R  regular  war,  &c.  And  by  her  jiossessions  we  ought  not 
only  to  understand  herterriloiie*.  but  all  the  rights  she  enjoys.  "—Kntfe/,  Hi*!.      ■ 

The  people  of  the  United  States,  then,  in  their  federative  rela- 
tion, as  owners  of  the  territorVj  hold  the  sovereignty,  and  with  it 


tlie  jurisdiction  and  complete  right  of  letrislation  over  the  aftjuired 
territory.  As  coequal  owners,  the  United- States  are  coequal  sov- 
ereigns over  it,  and  they  can  use  it.  govern  it,  or  dispose  of  it. 
through  their  common  agent,  without  any  other  restraint  than  re- 
sults from  their  federatfve  character,  and  the  terms  of  their  Union. 
In  respect  to  other  nations,  they  stand  as  the  exclusive  owners  and 
sovereigns  of  the  territory.  In  respect  to  each  other,  thev  stand 
aquali  ji're.  as  common  owners  and  sovereigns,  confederated  in  a 
united  government.  It  is  immaterial  from  what  source  we  derive 
tlie  power  of  Congre.ss  to  act  as  the  common  acrent  in  the  govern- 
ment of  the  territory  of  the  United  States.  'Wheiher  this  power 
he  Jiiiributed  to  express  grant  under  the  clause  of  the  fourth  article 
which  empowers  Congress  to  "make  all  needful  rules  and  regula- 
tions respecting  the  territory  and  other  property  bclonffiiisr  to  the 
United  States,''  or  to  an  tiuthorily  implied  Irom  the  righT  to  ac- 
quire territory  by  treaty  or  conquest,  the  great  leading  fact  still 
remains,  that  the  territory  belongs  to  the  people  of  the  United 
States  in  their  federative  characler,  and  that  Conm-ess  acts,  in  the 
administration  of  its  use,  as  the  agent  of  the  whole.  As  owners, 
the  people  of  the  several  States  hold  in  equal  proportoinal  decree, 
with  equal  rights  to  its  control  and  its  use — its  use.  not  onlv'with 
reference  to  its  profits,  but  its  bearing  upon  their  I'espeotive  de- 
velopment, security,  and  general  policy.  As  agent,  the  United 
States  government  must  be  regarded  as  a  trustee,  representing 
and  exercising  the  authority  of  the  whole,  of  one  not  more  nor  less 
than  another:  and  bound,  in  the  administration  of  the  trust  prop. 
erty,  to  apply  it  to  the  just  and  equal  benefit  of  all,  without  dis- 
crimination or  injury  to  any,  and  with  a  constant  regard  to  the 
equality  of  the  parlies  interested. 

With  these  purposes,  and  under  tliese  limitations.  Congress  mav 
covern  the  territories,  and  may  employ  such  subordinate  officers  or 
agencies  to  administer  its  mandates  as  may  seem  to  it  best.  It 
may  vest  the  whole  functions  of  government  within  the  territories 
in  one  man  or  several;  in  a  governor,  or  a  governor  and  judges,  or 
u  governor,  judges,  and  legislative  assembly.  It  in.ay  establish  a 
inilitary  rule,  or  may  adopt  an  agency  modelled  into  the  fashion  of 
a  civil  government.  But  whatever  the  form,  these  agencies,  or  sub- 
ordinate governments,  if  you  choose  to  call  them  so,  can  exercise  no 
function  that  is  not  permitted  to  the  Congress  that  created  it,  and 
must  use  its  authority  in  .subordination  to  the  rights  of  the  people 
of  the  United  States,  to  whom  the  territories  belong.  Hence  it  is, 
that  in  all  the  acts  prescribing  rules  for  the  government  of  terri- 
tories, the  agents  are  specially  limited  to  powers  '"not  inconsis- 
tent witli  the  constitution  and  laws  of  the  United  States." 

"  Provinces  lose  the  nature  of  Slates,  and  become  the  appendages  of  other  Slates, 
havtna  }io  kiiltl  iif  stirrrrit^n  atithoritij  in  t/irinsf/ves.  v\  hether.  tlie  efore,  such  a 
province  is  governed  by  a  President  or  by  an  Assembly,  is  an  inditTerenl  point,  whidi 
does  not  in  tlie  least  atl'ect  the  |»rO|ier  sovereignty,  ina-smuch  as  both  he  and  they  BtTAR 
iiSLY  .X  si.BoKniNATE  OK  ijELlioATKO  ArTiioRlTY . " — }'»_^aittorJ]^ B.  7,  cA..5,  i^JG. 

Now,  then,  let  me  ask,  by  what  authority — upon  what  pretences 
of  right  or  justice — can  Congress,  either  directly,  or  by  permission 
to  ils  subordinate  agent  in  the  territories,  undertake  to  exclude 
from  participation  upon  equal  terms  with  all  the  rest,  the  people 
of  tiny  portion  of  the  United  States?  Is  not  the  territory  the  com- 
mon property  of  all?  and  is  not  th^  Congress  the-common  agent  ol 
all?  Is  the  territory  not  as  much  the  property  of  the  people  of 
Geoi'sia  as  of  Massachusetts,  and  the  Congress  as  much  the  agent 
of  Virsinia  as  of  New  York?  Why  then,  should  its  advantages 
be  partially  dis  ributed?  A  State  is  benefited  by  territorial  posses- 
sions, in  tlieir  use  by  her  citizens,  in  the  room  they  aflbrd  lor  the 
spread  of  her  population,  in  the  strength  and  security  thev  contri- 
bute to  her  institutions,  and  the  dignity  they  add  to  the  Common 
wealth.  Yet,  by  the  exclusion  of  the  citizens  of  the  States  of  the 
South,  all  these  benefits  are  denied  them.  Nay,  more;  their  secu- 
rity is  actually  endangered  by  the  coercive  establishment,  in  adja- 
cent territorv,  of  communities  having  institutions  of  a  hostile  and 
antaKonist  tendency,  and  their  dignity  is  trampled  upon  by  a  dis- 
crimination which  degrades  them.  It  will  be  observeti  that  I 
speak  of  the  prohibition  of  slavery  in  the  territories,  as  an  exclu. 
sion  of  the  citizens  of  the  slaveholding  States.  It  needs  no  argn 
ment  to  sliow  that,  if  the  occupation  of  the  territory  is  made  to 
depend  ujion  a  condition  which  involves  a  total  change  in  the  habits 
and  capital  of  a  citizen,  and  a  disruption  in  the  form  of  his  domes- 
tic community,  the  exclusion  is,  to  all  intents,  complete;  just  as 
much  .so  as  if  the  citizens  of  a  part  of  the  States  were  forbidden 
to  carry  their  wives,  their  children,  and  their  wealth. 

If  Concrcss. in  its  discretion,  opens  territory  to  seltlement,  it  is  ne- 
cessarily and  of  right  open  in  equal  degree  toall  ihe  citizens  of  the  se- 
veral States.  If  the  citizen  of  one  State  may  go  upon  it .  and  enjoy  its 
use,  so  may,  rightfully,  the  citizen  of  every  other  State  in  the 
Union;  for,  otherwise,  the  temtre  of  the  States  would  be  unequal. 
The  ri"ht  to  go  upon  the  territory  involves  the  right  to  carry  fam- 
ily anifproperty;  for  these,  if  I  may  so  sjieak,  are  a  part  of  every 
nians's  political  or  civil  entity.  If  his  going  upon  the  territory  is 
lerral.  he  does  not  lose  his  title  to  be  iirotccled  in  his  natural  rights 
of"personal  seinirity.  liberty,  and  pVoperly;  and,  inasmuch  as  the 
federal  irovernmcnt  has  become  the  agent  or  trustee  of  the  people 
of  his  State,  in  tlie  government  of  the  territory,  it  is  bound  to  af- 
ford him  the  needfni  protection.  The  forcible  manumission  of  his 
slave  would  be  a  violation  of  his  right  of  jiroperty,  which,  beins 
eontrary  to  the  duty  of  Congress,  could  not  be  legally  enacted,  and 
bein"  contrary  to  the  right  of  the  citizen,  should  be  actively  pre- 
vented. ,  ,       • 

It  will  be  no  au.s-wer  to  tell  me  that  what  is  property  in  one 
State  or  community  is  not  necessarily  so  in  another.  That 
continues  to  be  property,  in  territory  of  the  United  States, 
which  is  recognized  as  property  in  the   State  of  the   Union  from 


February   14. J 


MR.  DICKINSON'S  RESOLTTTIONS. 


277 


which  ihe^citizen  brings  it.  The  trustee  of  llie  Slates  is  as  much 
the  agent  of  one  State  as  another,  and  is  hound  lo  reverence  and 
regard  the  institutions  of  each.  The  tenure  hv  which  property 
in  slaves  is  held,  must  be  treated  by  the  federal  (»o^'ernlTlent  as  a 
risrhtful  tenure,  and  he  protected  as  property,  so  long  as  it  is  per- 
mitted by  a  State  of  the  Union.  This  is  not  the  government  of 
the  people  of  New  York  any  more  than  the  people  of  Virginia. — 
It  is  upon  this  principle  that  the  constitution  authorizes  the  recap- 
tion ol'  fugitives,  and  that  the  federal  government  has  always 
claimed  indemnity  for  injuries  done  by  foreign  nations  to  the  slave 
property  of  citizens  of  the  United  Slates.  The  federal  agency 
was  created  as  much  by  the  people  of  ihe  southern  States,  for  the 
protection  and  benefit  of  themselves  and  their  property,  as  it  was 
by  the  people  of  the  northern  States.  It  is  the  government  of  the 
whole,  because  it  is  the  government  of  each  of  the  States,  and  not 
the  government  of  each,  l)e.;au.se  it  is  the  governmeni  of  the  whole. 
Eacli  adopted  it  by  itself  and  for  itself.  Hence,  in  their  federative 
character,  shivery  is  a  legal  institution  ol  Ihe  people  of  the  United 
States;  and  it  follows,  as  a  consequence  that,  upon  federative  ter- 
ritory, property  in  slaves  is  a  legal  tenure. 

If  the  United  States  cannot  rightfully  so  discriminate  as  to  ex- 
clude a  citizen  of  one  of  the  States,  with  his  slaves,  from  ter- 
rilory  of  the  United  States,  nor  destroy,  nor  disturb  his  rightful 
property  in  Ihem,  neither  can  it  indirectly  do  so,  either  by  delegat- 
ing suoh  authoritv  to  an  agent — for  the  act  of  the  agent  is  that 
of  that  of  the  principal;  nor  by  acquiescence  in  an  usurped  autho- 
rity over  the  subject  by  its  agent;  for  aequiesence,  when  there  is 
power  to  prevent,  is  adoption.  But,  on  the  contrary,  1  he  United 
States  government  is  bound,  by  an  active  exertion  of  its  authorily, 
to  protect  and  maintain  the  righls  of  all  citizens  legally  inhabiting 
a  territory:  for  the  e.\;ercise  ol"  jurisdiction  haviiiLT  been  conlided  to 
the  general  government,  no  other  power  can  interfere  for  the  pur- 
pose. There  is  no  legitimate  authority  within  the  limiis  of 
the  territory,  except  as  derived  from  the  United  States,  and 
constituted;  as  Congress  is,  the  trustee  in  possession,  it  must  gua- 
ranty tlie  just  rights  of  all  interested  ;  and  can  only  fulfil  this  ob- 
ligation, or  guaranty,  by  an  active  suppression  of  whatever  mav 
threaten  injury  to  those  rights.  If,  then,  a  citizen  of  a  Stale  has 
a  right  to  go  upon  the  territory  with  his  slave,  the  United  States 
is  bound  to  guaranty  to  him  the  security  of  such  his  property, 
against  all  interference  while  wathin  the  limits  of  the  territory; 
and  to  prohibit  by  its  mandates,  and  prevent  by  the  public  ferce, 
any  such  interference  from  any  quarter. 

But  aside  of  all  other  arguments,  the  aeneral  principles  of  right 
are  sufficient  to  the  resolution  of  the  ([uestion.  The  Stales  are 
united  as  equals,  and  the  citizens  of  the  United  States  are  asso- 
ciated as  equals.  From  this  it  follows,  that  both  as  .States  and  as 
citizens,  equality  in  the  advantages  as  well  as  burdens  of  the  com- 
mon property  is  to  be  observed.     In  all  civil  societies — 

"  \  pact  (to  use  the  «  onis  ol'  Puflendorfl.  Rook  1,  cli.  8.  C\0)  is.  either  esprpssly, 
or  nt  least  lacitly  made  between  the  society  and  Itie  members,  by  which  the  society  eii- 
gagetli  to  give  liim  a  jost  share  ami  proporiion  of  the  j^ooils  which  it  enjoys  as  a  coiii- 
riion  body:  and  Ihe  member  promisetli  that  he  will  hear  his  proper  and  equal  part  ot 
those  burdens,  which  conduce  to  the  preservation  of  the  society,  considered  as  suoh." 

Mr.  DICKINSON.— What  does  Puffendorff  say  about  the  Uni- 
ted States  ? 

Mr.  YULEE. — Vattel,  (p.  110,)  speaking  of  common  prop.'rty, 
describes  it  as  being — 

■  Common  to  all  the  citizens  who  take  advantnse  ol'  it.  each  according  lo  his  iieces- 
silies.  or  according  to  the  laws  which  regnl.ite  their  nse." 

And,  after  stating  that  "  the  same  rules  hold  good''  as  to  cor- 
porate property  with  respect  to  the  members  of  the  corporation; 
and  to  public  property  with  respect  to  the  members  of  the  corpo- 
ration; and  to  public  property  with  respect  to  the  whole  nation, 
says.  (p.   114  :) 

'■  .\II  the  inembei-s  of  a  corporation  have  an  equal  riirhl  to  the  nse  of  its  common 
property.  But,  respecting  the  means  of  enjoying  it.  the  body  of  the  corpoiation  may 
make  such  regulations  .as  they  think  proper,  provided  that  those  regulation^  he  nol  in- 
consistent with  that  EQi'-\r.lT\  which  onghl  to  be  preserved  in  a  coinniunion  of  pro- 
perty. Thus,  a  corporation  mav  determine  the  nse  of  a  common  forest  or  p.astnre.  ei- 
ther allowing  it  to  all  the  members  according  to  their  wants,  or  alloliug  to  each  an 
eqnal  share  ;  but  they  have  nol  a  right  to  frclude  any  one  of  the  number,  or  to  mnke. 
a  disiinction  to  Ais  'disndvatitairf,  by  assigning  him  a  less  share  than  that  of  tlie 
others." 

Nothing  could  be  more  happily  expressive  of  the  righls  of  the 
people  of  the  United  States  in  respect  to  the  common  property  in 
m  territories.  It  was  as  equals  that  the  States  confederated. 
and  justice  requires  that  their  equality  should  be  regarded  in  the 
whole  administration  of  the  federal  authority.  If  the  States  are 
to  be  regarded  as  equals,  then  what  the  same  author  (Vattel,  p. 
149)  says  with  respect  to  independent  States,  well  applies  to  their 
relations  : 

"  None  can  naturally  lay  claim  to  any  superior  prerogative,  for  whatever  privileges 
any  one  of  them  derives  from  freedom  and  sovereignty,  the  others  equally  derive  ilie 
..ame  from  the  same  source." 

If  we  may  borrow  an  illustration  frem  the  ordiuarv  case  of  joint 
or  common  property  among  individuals,  it  will  be  admitted  by  all, 
that  while  all  the  joint  owners  are  bound  to  equal  contribution,  so 
all  are  alike  entitled  to  equal  advantages  in  its  use.  I  need  not 
enlarge  upon  the  importance  of  justice  in  the  conduct  of  govern- 
ments. It  is  the  basis  of  all  society,  and  without  it  order,  and  all 
the  other  virtues  of  social  and  political  life,  would  soon  depart. 
Its  observance  is  more  important  even  with  nations  than  in- 
dividuals, and  above  all  should  it  he  an  attribute  of  associate  and 
confederate  nations,  or  united  States.  No  voluntary  association 
can  long  endure  w'hieh  is  not  ruled  by  justice. 


Before  proceeding  to  another  point  in  the  argument,  I  will  no- 
tice, in  passing,  an  objection  that  may  be  hastilv  made  by  some, 
to  the  absolnte  dependence  I  have  shown  to  exist  on  the  part  of 
the  inhabitants  of  a  territory  towards  its  sovereign.  It  may  be 
supposed  that  I  regard  inhabitants  of  our  lerritoriel  to  be  merely 
vassals  or  subjecis.  By  no  means.  I  consider  that  the  citizen  of 
a  State  of  the  Union-  who  goes  upon  territory  belonging  to  the 
United  Slates,  goes  there  as  a  citizen  of  the  State  of  which  he  is  a 
member,  and  does  not  lose  that  relation  lo  his  State  while  resident 
in  the  territory,  nor  until  he  becomes  a  member  of  a  new  State 
by  the  organization  of  the  inhabitants  of  the  territory  into  a  sover- 
eign community,  under  the  sanction  of  the  United  Slates.  It  is  in 
that  character  that  he  continues  to  be  entitled  lo  the  guardianshin 
of  his  Stale,  and  the  protection  of  the  United  States,  in  a'd  his  just 
rights,  inclu.ling  those  of  property.  As  regards  inhabitants  whose 
allegiance  is  acquired  with  tile  territory,  it  may  be  more  difficult 
lo  <letine  their  precise  relation.  Let,  it  sufiice.  that  I,  for  one  am 
averse  to  any  acquisitions  which  bring. with  them  any  large  body 
of  inhabitanls  not  prepared  lor  early  organization  into  sovereign 
eomnumities. 

Mr.  DICKINSON.— If  the  Senator  please,  I  desire  to  ascertain 
his  views  more  fidly,  by  propounding  one  or  two  questions. 

Mr,  YULEE.— Certainly. 

Mr.  DICKINSON. — First.  Suppose  Canada  should  be  annexed 
to  the  United  Stales  without  any  change  in  her  laws  ;  would  the 
itistilutiun  of  slavery  e.xist  there  without  legislation  ? 

Mr.  YULEE. — If  Canada  was  acquired  as  territory,  any  citi- 
zen of  a  State  of  this  Union  could  go  upon  it  with  his  faniilv  and 
]>ropcrty,  slaves  as  \vcll  as  other,  and  would  be  entitled  to  reside 
there,  securely,  under  the  guarantees  of  the  constitution,  while  it 
continued  to  be  a  part  of  the  territory  belonging  lo  the  United 
States. 

Mr.  DICKINSON.— One  further  question.  Can  Congress,  or 
any  other  legislative  body,  exercise  any  authority  or  control  over 
the  subject,  so  long  as  tlie  territory  annexed  remains  a  Territory  < 

Mr.  YULEE. — Neither  Congress  nor  any  other  legislative  body 
would  have  any  authority  to  pass  a  law  by  which  the  property  of 
a  citizen,  going  rightfully  upon  such  territory,  could  be  divested — ■ 
no  matter  whether  such  property  consisted  in  slaves  or  anything 
else.  But  Congress  would  be  bound,  by  its  duty  as  the  common 
agent  of  the  people  of  the  States  of  the  Union,  to  pas.s  all  Laws 
nccessarv  lo  proioet  him  in  the  undisturbed  tenure  of  such  bis  pro- 
])crty.  t  propose  now  lo  consider  whether  the  circumstance  that 
there  are  inhabitants  fiving  upon  territory  at  the  date  of  its  acqui- 
sition, can  alter  the  results  of  my  preceding  argument  as  to  the 
rights  of  the  people  of  the  United  States,  with  respect  to  its  en- 
joyment. Is  the  territory  acquired  by  conquest  or  purchase  any 
the  less  a  common  property  of  the  United  St.ates,  because  there 
are  inhabitants  of  a  foreign  origin  upon  it  ?  Certainly  nol,  as  all 
must  uoncedc.  Then  surely  it  must  be  subject  to  .all  the  rules 
which  apply  to  a  common  property  as  between  the  owners.  Do 
the  inhabitanls  of  foreign  origin  living  upon  such  territory  possess 
inherently  any  larger  righls  than  the  free  citizens  of  the  United 
Stales  who  go  upon  it  ?  The  answer  must  be.  no  ;  for  if  the  ri"ht 
of  the  sovereign  to  govern  in  his  territory  is  absolute,  it  is  absolute 
as  respects  all  persons  who  live  upon  it,  without  regard  lo  oricrin. 
There  can  be  no  power  or  jurisdiction  in  the  territory  of  a  nation 
independent  of  its  sovereignty. 

But  let  us  consider  the  subject  first  with  reference  to  the  laws 
and  custom  of  nations,  and  next  with  reference  to  the  Constitution 
of  the  United  States  Government. 

1.  Upon  the  conquest  or  purchase  of  territory,  the  sovereignty 
:ind  jurisdiction  of  the  nation  lo.sing  the  territory  ceases,  audtha't 
of  the  acquiring  power  simultaneously  succeeds.  Civil  laws,  all 
rules  for  the  government  or  conduct  of  civil  societies,  have  force 
as  laws,  only  because  they  express  the  sovereign  and  supreme  will 
of  the  State.  When  the  sovereignty  ceases,  its  wdl  being  no  lon- 
ger supreme,  the  laws  which  emanated  from  it  necessarily  cease 
of  their  force.  Upon  the  withdrawal,  ttierefore,  of  the  ai'ithority 
of  the  former  sovereign,  the  pre-existing  institutions  and  laws  in- 
stantly expire;  for  the  fountain  which  save  them  vigor  and  vitality 
is  cut  otf. 

To  render  the  proposition  more  plain,  I  will  present  it  in  ano- 
ther form.  The  laws  of  a  nation  are  confined  to  the  limits  of  its 
territorial  jurisdiction.  When  it  parts  with  the  jurisdiction  of  any 
portion  of  its  domain,  the  whole  body  of  its  laws  necessarily  retire 
lo  the  limits  of  the  territory  to  which  its  jurisdiction  becomes  con- 
tracted by  the  cession. 

By  the  political  law  of  nations,  then,  there  would  be  no 
laws  remaining  in  force  in  the  territory  thus  dissevered,  and  it 
would  remain  without  government  until  a  code  was  enacteil  by  the 
new  sovereign.  To  suppose  otherwise,  would  be  to  suppose  that 
a  nation  could  extend  its  laws  beyond  the  limiis  of  its  own  juris- 
diction, and  into  the  jurisdiction  of  another  nation  ;  which  would 
be  an  absm'dity  in  terms  as  in  principle. 

But  inasmuch  as  a  period  might  intervene  between  the  with- 
drawal of  one  code  of  laws  and  the  prescription  of  another  by  the 
new  sovereign,  the  custom  has  grown  up  among  nations,  from  a 
regard  for  the  interests  of  humanity,  and  to  prevent  a  total  disso- 
lution of  social  order,  of  leavmg  in  force,  in  such  cases,  those  ne- 
cessary regulations  which  protect  the  natural  rights  of  the  inhabi- 
tants, and  preserve  order  in  their  social  relations.  But  these  re- 
gulations rest  for  their  force  not  upon  the  enactment  of  the  former 


27$-,. 


MR.  DICKINSON'S  RESOLUTIONS. 


[Monday, 


sovereign,  but  upon  the  assent,  which  onstoni  prcjiimes,  of  the  new 
sovercifrn.  The  muninipal  regulations  thus  allowed  to  previiil  tem- 
lorarily,  are,  in  the  very  nature  oi' the  custom,  limited  to  the  pre- 
cise necessities  of  the  case,  and  operate  only  to  iiovcrn  the  rela- 
tions of  the  persons  thus  transferred,  hetween  each  other,  until  a 
new  code  is  iirovidcd.  They  cannot  jjrevail  as  a  law  of  govern- 
ment for  the  territory  thus  acquired  ;  nor  can  any  municipal  regu- 
lations remain  in  force  which  are  inconsistent  with  tlic  prerogative 
and  rights  of  the  new  sovereign,  or  which  aliridge  or  embarrass 
his  title  to  the  use  of  his  new  acquisition.  Of  this  nature  would 
be  any  regulation  which  contiscatcd  or  e.vtiiignishcd  the  property 
of  a  citizen  of  the  new  sovereignty  who  came  upon  the  territory  to 
enjoy,  of  right,  its  use.  The  rights  of  jinipcrty  of  the  inhabitants 
remain  .sacred  ;  but  no  law  of  the  old  government  can  rightfully 
remain  in  force  which  disturbs  the  tenure  of  property  in  a  member 
of  the  new  sovereignty  ;  for  this  would  bo  uieonsistent  with  the 
sovereign  right  of  use. 

It  is.  with  these  limitations  we  are  to  receive  the  doctrine  that 
the  municipal  laws  of  a  ceded  territory  remain  in  force.  Any  other 
view  of  the  subjeet  would,  as  I  appreliend,  be  at  war  with  the 
whole  theory  of  sovereigiitv  and  jurisdiction. 

2.  It  is  under  and  by  authority  of  the  constitution  that  Congress 
holds  the  jurisdiction  and  exercises  the  government  of  territories 
belonging  to  iho  United  States.  This  jurisdiction  and  aiithorily 
are  necessarily  exclusive,  as  I  have  heretofore  shown. 

Now  then,  the  ancient  laws,  municipal  or  other,  can  only  rc- 
iiiain  in  Ibri-e,  in  newly  acquired  territory,  by  virtue  of  an  express- 
ed or  prcsnnietl  assent  of  Congress  ;  but  no  such  assent  can  be 
presumed  in  reiiard  to  laws  which  arc  incompatible  with  the  rights 
of  the  jieoplc  of  the  Statcsof  the  Union  under  the  constitution  ;  for 
Congress  is  the  creature  of  the  pcojile  of  the  several  States,  and 
the  constitution  isjthe  rule  of  action  they  have  prescribed  to  it. 

AVe  are  now  prepared  for  the  more  distinct  inquiry  whether,  be- 
cause slavery  was  abolished  by  an  ancient  edict  among  the  inhabi- 
tants of  territory  newly  acquired  by  the  United  States,  that  edict 
would  continue  its  operation  so  as  to  efTeet  the  tenure  of  one  of  the 
people  of  the  United  Slates  carrying  his  slave  upon  it  ? 

I  readily  concede,  that  although  by  the  chance  of  juri^diction 
the  force  of  the  ancient  edict  would  cease,  slaves  once  emancipated 
by  its  operation  would  not  be  remitted  to  slavery  ;  for  this  would 
be  only  extinguishing  one  law  of  the  lapsed  sovereignty  to  revive 
an  older  one,  which  had  recognized  the  slave  as  properly.  The 
inhabitants,  whether  black  or  white,  freemen  or  peones,  would 
preserve  their  respective  relations  and  social  condition,  as  existing 
at  the  moment  of  transfer,  so  far  :is  might  be  compatible  with  the 
general  fuiulamental  polii'V  and  laws  ot  ihe  United  States. 

On  the  other  hand,  it  must  be  conceded  by  every  one,  that  no 
municipal  law  could  remain  in  force  which  would  diminish  the  sov- 
ereign authority,  or  embarrass  the  use  of  the  territory  to  its  new 
owner.     This  is  too  clear  to  admit  of  denial. 

Now,  let  us  suppose,  tirst,  that  the  States  of  this  Union  were  all 
separate,  and  that  Texas,  as  an  independent  community,  acquired 
the  territory  ;  of  course  it  would  become  a  part  of  the  domain  of 
Texas.  Could  any  law  remain  in  force  in  the  new  territory,  after 
it  was  covered  by  the  jurisdiction  of  Texas,  which  was  contrary  to 
her  established  laws  of  property  ?  Could  the  Texan  community, 
the  owners,  as  they  would  be,  ol' the  territory,  be  excluded  from  itn 
use,  by  virtue  of  any  previous  ordinance  of  its  ancient  sovereign, 
abolishing  slavery  <  Every  one  will  respond  to  this,  assuredlv  not. 
Now,  add  to  the  people  of  Texas  those  of  tlie  other  fourteen  slave- 
holding  States  as  united  purchasers  wilh  her  :  would  not  the  result 
be  the  same  ?  -A.dd,  then,  the  people  of  the  fifteen  northern  States: 
would  their  accession  as  joint  owners  alter  the  just  rights  of  the 
others  ?  If  .so,  the  government  of  the  United  States  may  be  con- 
sidered as  a  fe'overnment  of  and  for  the  North,  and  not  of  and  for 
the  whole  people  of  the  Union. 

Again  :  The  Catholic  religion  is  established  in  Mexico,  and 
Protestantism  is  excluded  by  law  :  would  that  law  or  regulation 
remain  in  force  in  territory  we  may  at  any  time  acquire  from 
Mexico  ?  Certainly  not ;  for  Congress  being  restrained  bv  the. 
constitution  from  making  any  laws  inconsistent  with  "  the  free  ex- 
ercise" of  religion,  as  soon  as  juri.sdiction  of  the  United  States 
attached,  all  laws  creating  discriminations  bitween  citizens  of 
didcrent  religions  would  at  once  expire.  Why  ?  Because  soch 
laws  would  be  contrary  to  a  fundamental  principle  of  the  federa- 
tive compact.  And  clearly,  for  the  same  reason,  all  laws  which 
would  create  inequality  or  discrimination  between  the  citizens  of 
the  United  States  in  any  other  respect,  would  expire  ;  for  equality 
of  rights  in  the  citizens  of  the  Union  is,  in  like  manner,  a  funda- 
raental  principle  of  the  federative  compact.  But  if  tliu  doctrine 
that  all  municipal  laws  remained  in  force  until  repealed  was  cor- 
rect then  the  Mexican  restriction  upon  the  Irccdoin  of  religion 
would  continue  perniancntlv  in  force  ;  for  Congress  could  not  re- 
peal It,  being  [.roinbiied  by  the  eonsiitution  IVoni  "  making  anv 
law  respcctin;;  an  establishment  of  reli.'inn."  And  on  the  suppo- 
sition that  the  Senator  was  correct  in  his  opinion,  that  the  inliabi- 
tants  ol  the  territory  nossessed  the  right  of  btgislation,  it  would  bo 
continued  in  force  so  long  as  the  population  ae(|viired  with  the  ter- 
ritory maintained  the  ascendancy.  Nav,  the  restriction  niiMit  be 
eonlinued  even  alter  the  establishment  of  a  State  government  •  for 
the  State  would  have  the  right  to  create  a  religious  establishment  ; 
and,  111  tiie  event  of  our  mcorriorating  any  dciisely-populatcd  part 
of  Mexico,  such  would  assuredly  be  the  conscquunce. 

It  will  be  observed  that  I  liuve  treated  laws  recognizing  or 
abolishing  property  in  slaves  a»  munieipul,  simply.  It  nuiy  wttll 
be  doubted  whether,  under  any  systum  of  gov«rmu»nt,  lavfs  uf  ihiii 


description,  from  their  deeep  bearing  upon  the  social  and  civil  re- 
lations, are  not  entitled  to  be  reaariied  as  fundamental  in  tlieir  na- 
ture, and  appropriately  pertaining  to  the   class   of  political  laws. 

But,  with  reference  to  our  system  of  government,  if  I  am  not 
mistaken,  there  can  be  no  doubt.  I  have  end  nvored  to  show,  in  a 
preceding  part  of  my  argument,  that  the  territory  of  the  United 
!5tates  being  frderative  properly,  must  be  held  in  subserviency  to 
the  equal  political  right  of  all  the  parts  of  the  Union  to  benefit 
(rom  it  ;  and  that  property  in  slaves,  being  recognized  in  a  large 
portion  of  the  Union,  is  therefore  to  be  regarded  a  part  of  the  po- 
litical system  of  the  United  States  in  their  federative  relation.  If 
I  am  correct  in  this,  the  ccpial  right  to  the  use  of  territory,  and  the 
right  to  hold  slave  property  in  federative  territory,  are  political 
rights  under  the  federative  compact,  and  are  thus  a  part  of  the 
fundamental  political  law  under  the  constitution.  It  would  follow, 
then,  that  all  ancient  laws,  in  territories  acquired  bj'  the  United 
States,  which  might  disturb  a  citizen  of  the  government  in  his  right 
to  an  equal  use  of  it,  and  to  the  secure  tenure  of  his  slave  property 
while  upcMi  it,  would  be  extinguished,  because  in  conflict  with  the 
political  system  of  the  new  sovereign  ;  for  it  is  universally  admit- 
ted, that  the  laws  of  a  political  bearing,  or  as  they  are  denoinina- 
ted,  political  laws,  would  cease  of  their  force  upon  a  change  of 
sovereignty.  Congress  could  pass  no  l.aw  which  conflicted  with 
the  political  system  of  the  Union — a  fortiori,  Mexico  can  transmit 
no  laws  for  our  territories  which  are  of  that  nature. 

The  conclusion  I  reach  seems  to  me  sustained  by  suffiuient  rea- 
sons. No  law  or  regulation  can  remain  in  force  or  be  enacted  in 
any  territory  belonging  to  the  United  States  which  is  incompatible 
with  the  rights  of  the  people  of  the  United  States  under  the  con- 
stitution, no  matter  whether  sueli  territory  be  acquired  with  or 
without  inhabitants. 

Mr.  DICKINSON.— As  the  Senator  from  Florida  denies  the 
doctrine  of  self-government  asserted  by  the  resolutions  which  I  had 
the  honor  to  introduce,  and  seems  to  insist  that  the  people  of  a 
territory  have  no  sovereign  rights,  it  will  doubtless  aflbrd  him  plea- 
sure to  correct  the  doctrine  whenever  asserted.  He  has,  thus  far, 
treated  it  as  a  northern  heresy.  I  now  beg  he  will  turn  his  atten- 
tion for  a  moment,  to  some  expressions  of  opinion  originating 
where  the  Senator  can  take  no  exception  to  the  venue.  I  will  first 
ask  him  to  consider  and  refute  an  able  and  elaborate  article  in  the 
October  number  of  the  Southern  Quarterly  Review,  published  at 
Charleston,  South  Carolina,  upon  the  subjeet  of  territorial  govern, 
ment  <:»f  the  United  States;  reviewing,  among  others,  a  sjieech 
delivered  at  the  last  session  of  Congress  by  the  Senator  from  New 
Jersey,  (Mr.  Dayton,)  upon  that  question.  The  writer  shows 
deep  research  as  well  as  }irofouiid  thought,  and  evinces  a  thorough 
knowledge  of  the  subject  of  which  he  treats.  From  this  article, 
trealing  the  subjeet  at  length,  the  following  is  a  brief  extract  : 

"If  liio  new  Sutc?,  tiien,  in  lier  soveiejpti  capacity,  can  exercise  lliis  riglil,  (sove- 
reignly,) i'  i^  bec.'iuse  it  u  reserved  to  lier  arnl  was  never  conceded  to  ("onjjress  in  aav 
form.  For  there  ia  nothing  in  the  constitution  which  learis  us  to  infer  that  the  *-ove- 
reignly  of  an  inchoalc  9tale  rested  Willi  Cou;,'ress,  and  was  lo  be  considered  a  kind  of 
shiftut!>  prtfilctrc.  Where  then  did  the  sovereign  power  reside  ?  If  it  was  a  Slate, 
it  will  he  admitted  that  tlien  the  sovcreiin  power  was  in  tlie  Stale.  But,  before  the 
t-mii>rlf  hecmtie  a  Slnte,  tthere  Iras  tt  ?  It'  c  niisu'cr — iU  the  people  of  the  terrttorij 
and  not  in  the  Coir^fress  of  the  United  'States." 

The  editor  of  the  Review  approves  this  doctrine  in  a  note,  and 
holds  the  following  language  ; 

"  It  is  not  necessary,  however,  for  us  lo  refute  oil  the  aubjeet.  Sovereignty  ninst  be 
joniewhere.  The  ceding  States  Iia\  inp  parted  with  their  riglils.  it  is  gone  from  them. 
It  is  not  III  tlie  tinned  States,  for  lliey  talce  only  a  right  lo  be  exercised  according  lo 
certain  terms.  They  can  make  a  teatjmrnrt/  or  provisional  governrnenl — no  more. 
Wlicre  then  is  tlie  retidue  of  all  the  jiowers.  rights,  and  privileges  belonging  to  every 
people?  We  answer,  where  it  originally  was  and  where  it  must  be.  according  lo  our 
llieury  of  popular  government,  in  the  ;;ft>;j/e  of  the  territory,  nation,  or  stale." 

I  will  now  call  the  attention  of  the  Senator  to  an  able  and  learned 
speech  of  the  Hon.  Thomas  H.  Bayly,  of  Virginia,  in  the  House  of 
Representatives,  at  the  last  session,  upon  the  subject  of  territorial 
government,  where  the  principle  of  territorial  government  is  strong- 
ly enlbreod.     I  append  the  following,  an  extract  : 

"  I  have  great  douhls  abonl  our  power  lo  establish  for  the  territories  even  temporary 
goverurnents,  and  these  doiiltls  are  strengthened  by  the  proceeding  of  the  convention 
s\hicli  tVanied  the  con-titution.  t^u  Ihe  f-Jth  of  August,  IVIr.  M,adison  snbniilted,  in 
order  lo  be  referred  to  the  committee  of  detail,  among  others,  the  following  powers  as 
)iroper  to  be  added  lo  those  of  the  general  legislature; 

■  To  dispose  of  the  iinappropriated  lantis  of  the  I'nited  Stales. 

'  To  institute  tenijio/ary  govcrnnieuls  for  the  new  States  arising  tliereiu.* 

"  The  first  branch  of  this  proposition  was  virtually  adopted.  What  iiecaine  of  (he  sec- 
ond? It  shared  the  fate  of  the  proposition  to  conferupon  t'ongress  the  power  lo  grant 
charters  of  incorporaliou,  loestahhsii  a  university,  and  to  construct  canals,  itc.  The  con 
venlion  refused  lo  confer  the  power  contained  in  it.  In  the  only  Icrrilories  which  we  then 
iiossessed,  a  temporary  government  already  existed,  and  the  conventicn  was  willing  lo 
leave  it  to  the  peopieot  the  territory  themselves  to  make  such  alterations  as  might  be- 
come necessary,  1  am  very  much  inclined  to  the  opinion  that  the  only  legiliniale  au- 
thority which  the  lerritoiiai  goveinments  possessed  is  derived,  not  from  ihe  legislation 
of  Congress,  but  the  adoption  and  the  ,ac(|uiesience  by  the  people  of  the  territories  in 
it.  We  have  iierlbruied  llie  jiart  of  another  I.ocke,  and  proposed  cnnstilultons  in 
which  the  people  of  the  territories  ha\e  acituiesced:  but  they  have  deriverl  their  sanc- 
tion from  the  last  proceeding,  and  not  the  Unit.  Re  this,  however,  ns  it  may,  I  say  lire 
power  ol  legislation  is  a  very  iliffcrent  tliinp.  Legislation  is  netwv  itself— constitutions 
contain  the  forms  of  action,  .■\ndsofar  trout  the  practice  of  the  government  having 
sanctioned  the  power  of  iegislalion  over  Iho  lerriloiies,  now  sought  to  be  exerted,  in 
the  purer  and  better  days  of  the  lepublic,  it  was  directly  the  otherwav." 
,'»  ,■'»  i*»  ,'„  i  t  « 

"The  attempt  by  the  old  f'ongiess  lo  legislate  for  the  Icrrilories  was  always  conside- 
red by  sound  republicans  as  a  usurpation  of  jiower ;  and  after  the  adoption  of  the  prc- 
leut  constitution,  it  was  never  dehucralely  altemplcd  in  the  purer  and  better  days  of 

the  republic." 

»>  *.*  •  *  »  *  *  *  • 

"In  the  law  ereclinc  Michigan  into  a  separate  territorial  government,  there  was  no 
attempt  at  terrilotml  tegishilion  ;  nor  was  there  in  the  case  oi'  Illinois,  or  of  Missouri. 
In  the  case  ol"  Wisconsin  then*  was  ;  and  the  conditions  and  restrictions  of  the  ordi- 
nance of  1787  were  recognized.  But  it  \\  as  done  in  general  and  ambiguous  phraseol- 
ogy which  caused  it  lo  pass  unnoticed.  It  was  not  nttenijited  in  Ihe  case  of  Iowa  ; 
nor  iu  Ui«  bill  of  tlm  last  ivGsiou  relative  to  the  On-gon  territory,  until  the  GUi  orlicla 


Februarv  14.  J 


THE  TEN  REGIMENT  BILL. 


279 


of  thf  ortltnance  of  17P7  was  ingrnftpd  on  it,  upon  the  motion  of  the  j:entienian  from 
Ma'sachuselts,  (Mr.  VViNTHRop.)  On  the  contrary,  in  nio*t  of  these  act*,  all  lepis 
lative  power,  except  sii-'h  as  relates  to  tlie  tlisposal  of  the  public  lands,  is  recognized 
as  existing  in  the  territorial  legislatures." 

**♦«***•*** 

"But  it  has  been  asked,  why  do  most  of  these  laws  orcanizing  territorial  govern- 
ments refiiiire  that  the  laws  passed  by  the  territonal  legislature  shall  be  submitted  to 
f'ongrcss,  and  declare  that  they  shall  he  null  if  disapproved  ?  and  also,  if  this  does  not 
took  like  n?serving  the  power  oi"  legislation  ?  On  the  contrary,  these  provisions  but  re- 
^erve  a  soit  of  congressional  veto,  which  enacts  nothing,  do's  nothing  allirinatively, 
hut  puts  it  iu  the  power  of  Congress  to  arrest  legislation,  and  leave  things  as  they  were. 
The  object  isevident.  It  is  to  enable  Congress  to  arrest  territorial  legislation  relative 
to  the  public  lands,  the  exclusive  right  of  legislation  in  reference  to  which  is  reserved 
to  Congress.  And  it  is  believed  that  there  is  no  instance  where  Congress  has  interpo- 
se 1.  except  in  cases  where  tho  territorial  legislatures  has'c  ^tempted  to  pass  laws  af- 
fecting tbe  public  lands." 

Georgia,  at  a  Democratic  State  Convention  recently  lieM  at 
Millctlycvill(!,  adopted  tho  foilowitii;  resolution  : 

Resotred,  That  the  peO|ile  of  the  South  do  not  ask  of  ( -ongress  to  establish  the  in . 
slitntion  of  slavery  in  any  ol  the  territory  that  may  be  acquired  by  the  United  States. 
They  simply  require  tliat  the  inhabitants  of  each  territory  shall  be  left  free  to  ilcter 
mine  for  themselves,  whether  the  institution  of  slavery  shall  or  shall  not  form  a  part 
of  their  social  systetn. 

The  resolutions  which  I  had  the  honor  to  inlrndtiee  have  lieen 
siislaiiied  by  the  detuocratic  portion  of  the  public  press  in  almost 
evei'y  State  of  the  Union,  South  as  well  as  North — includinrr  the 
Stale  of  Florida;  and  in  Virijinia,  Louisiana,  and  numerous  other 
States  have  been  adopted  word  for  word  and  by  name,  as  assertin<r 
the  true  constitutional  princijile  upon  tho  subject  of  territorial  rro- 
vcrnment.  The  Senator  from  Florida  will  doubtless  oxplain  why 
it  is  that  this,  to  his  conception,  dangerous  and  heretical  doctrine 
should  be  so  extensively  tolerated  and  asserted  at  the  South  as  well 
as  North? 

Mr.  YULEE. — The  Senator  calls  my  attention  to  the  resolu- 
tions of  a  democratic  convention  of  Georgia,  and  to  the  opinions 
of  a  distiufjuished  member  of  the  other  House  Irom  Virginia,  and 
of  a  writer  in  the  Southern  Review,  with  a  view  of  showini;  that 
tho  doctrine  of  a  right  in  the  inhabitants  of  territory  of  tho  United 
States  to  act  upon  the  subject  of  slavery  was  recognized  iu  the 
South.  The  Georgia  resolutions,  to  which  he  referred,  will  not 
sustain  the  object  with  which  he  referred  to  them;  for  I  find  that 
they  expressly  declare,  ''It  is  the  constitutional  right  of  every  citi- 
zen to  reinove  End  settle  with  his  property  in  any  of  the  territories 
of  the  United  States."  But  I  will  beg  leave  to  present,  as  tho 
best  evidence  of  the  position  of  the  South  upon  the  subject,  tho 
resolutions  of  several  of  tho  Slate  legislatures,  passeil-in  every  in- 
stance by  unanimous  votes. 

For  this  purpose,  I  will  roail  one  of  the  resolutions  of  the  Vir- 
ginia Legislature,  which  is  in  the  following  language  : 

"  2.  Rrsolrcd,  intitTHinonpht,  Tlint,  under  no  circumstatices  will  this  body  recog- 
nize as  binding  any  enactment  by  the  Federal  t^overnnieut  which  lias  for  irs  object 
the  prohibition  of  slavery  in  any  territory  to  be  acquired  either  by  conquest  or  treaty; 
holding  it  to  be  the  natural  and  indefeasible  right  of  each  and  every  citizen  of  every 
State  of  this  Confederacy  to  reside  with  his  propertv.  of  whatever  description,  in  aiiv 
territory  which  may  b.^  acquired  by  the  arms  of  the  United  States,  or  yielded  by  treaty 
with  any  Ibreign  power." 

A  resolution  of  the  Georgia  Legislature,  as  follows  : 

"  *.  Be  it  further  resolved  by  the  nnthoririt  flforesaiil,  Thut  any  teititory  acquirerl 
or  to  be  acquired  by  the  arms  of  the  Tainted  States,  or  by  treaty  with  a  foreign  jiower, 
becomes  tbe  common  jiroperty  of  the  several  States  conijiosing  this  i'onfederacy;  ami 
whilst  it  so  continues,  it  is  tbe  right  of  each  citizen,  of  en*'!i  and  every  Stale,  to  teside 
with  his  property  of  every  description  within  such  territory." 

A  resolution  of  tho  Alabama  Legislature  : 

"  *.  he  it  further  resolrtd.  That  under  no  circnmstances  will  this  body  recognize 
as  binding  any  enactment  of  the  Federal  Government,  which  has  foi  its  object  the  pro- 
hibition or  slavery  in  any  territory  to  be  acquired  either  by  conquest  or  treaty,  holding 
it  to  be  the  natuial  and  indefeasible  right  of  each  citizen  of  each  and  cverv  State  of 
the  Confederacy  to  teside  with  bis  proirerty  of  every  dcscrintion.  in  any  territory  which 
may  be  acquired  by  Uic  arms  of  the  United  States,  or  yielded  by  trc^ity  with  any  for- 
eign power," 

These  resolutions  present,  as  I  hold,  the  true  position  of  tho 
great  body  of  the  South  ;  and,  upon  this  p"^^iUon,  1  stand  with 
them. 

Mr.  FOOTE  here  requested  to  be  allowed  to  read  an  atrieiid- 
ment,  which  he  stated  it  was  tho  purpose  of  Mr.  Dickinson  to 
accept  as  an  addition  to  his  second  resolution,  and  which  he  staled 
was  prepared  and  agreetl  upon  some  time  since  ;  and  which  was  iu 
the  following  words  : 

'"In  snbor-liuat  on  to  t!ie  federal  constitution,  and  r€8?r\ed  rights  of  the  Stabs  and 
people." 

Mr.  YULEE. — I  am  obliged  to  the  Senator  for  the  informaiioii. 
Ho  was  so  good  as  to  show  me  the  amendment  yesterday.  But. 
while  I  recognize  in  it  a  good  spirit,  and  a  disposition  to  make  the 
constitution  to  which  they  will  conform,  I  must  frankly  say,  it  does 
not  iTieet  the  issue.  Tho  eflect  of  the  amendment  would  be  only 
to  declare  that  the  local  legislature  must  legislate  under  the  con- 
stitution, leaving  wholly  undetermined  the  material  point,  whaf 
are  the  rights  of  tho  people  of  the  southern  States  under  the  con- 
stitution, in  respect  to  the  u.se  of  the  territory  ? 

Before  I  take  my  seat,  I  desire  to  say,  that  if,  in  discussing  this 
subject,  I  have  directed  my  remarks  principallv  to  a  reply  to  the 
argument  of  the  Senator  from  New  York  (Mr,  Dickinson,)  it 
has  not  been  because  of  any  desire  to  embark  in  a  controversial 
debate  with  him.  But  difftjring  from  the  views  of  which  he  stood 
forth  as  the  exponent  upon  this  floor,  I  felt  it  niv  duty  to  present 
counter  resolutions  to  those  he  had  proposed  ;  and,  in  supporting 
mv  position,  I  have  been  obliged  to  reviuvv-  his  doctrines  with  such 
strictness  of  scrutiny,  as  tho  occasion  seeined  to  me  to  require.  I 
am  siure  that,  in  the  course  of  my  remarks,  I  have  designed  to  say 


nothing  inconsistent  with  the  friendly  feelings  I  lake  pleasure  in 
cultivating  towards  him,  nor  with  the  thanks  I  owe  him  and  his 
friends,  for  throwing  the  weight  of  their  great  influence  against 
the  mischievous  spirit  of  Abolitionism  and  Wilmotisra. 

Sir,  it  has  seemed  to  me  a  duty  of  palriotisiu  to  ofler  my  hum- 
ble views,  unimportant  as  they  may  be,  to  the  consideration  of  the 
Senate.  The  question  has  seemed  to  me  vital  to  the  Union.  It 
strikes  at  the  equality  of  the  Slates  ;  and  when  that  equality  is 
subverted,  those  who  arc  the  subject  of  the  degradation,  and  yet 
abide  in  the  Union,  must  be  content  to  abide  in  it  as  serfs  not  as 
frceinen.  An  eminent  jiolitieal  philosopher,  whose  writinrrs  I  have 
before  had  occasion  to  rpiote  in  the  course  of  this  argument  says 
trulv,  that  the  weaker  States  in  a  confederacy  are  redtieed  to  tho 
condition  of  dependant  provinces,  whenever  '"thev  allow  an\'  last- 
ing PREFERENCE  OF  PREROGATiVF.  to  thosc  that  are  stron"er  and 
engage  themselves  in  UNE(in.A.L  ai,li.\nces." 

Senators,  1  shall  be  saying  only  what  our  proud  sister  States  of 
the  North  will  heartily  respond  to,  when  I  declare  that  no  Ame- 
rican State,  which  holds  in  proper  esteem  her  birthright  of  Lib- 
ty,  can  endure  any  Union  which  is  not  a  confederacy  of  cipials. 

TH.4NKS   TO    GENEHAL    SCOTT. 

The  VICE  PRESIDENT.— The  first  .special  order  is  the  joint 
resolution  from  the  House  of  Representatives  expressive  of  the 
thanks  of  Conc;ress  to  Major  (ieneral  Winfield  Scott,  and  the 
troops  under  his  command,  for  their  distinguished  gallantry  and 
good  conduct  in  the  campaigit  of  1847. 

Mr.  HANNEGAN.— I  move  that  further  consideratirm  of  tho 
resolution  be  iiostponcd  until  to-morrow. 

The  motion  was  agreed  to. 

TEN    REGIMENT    DILL. 

The  Senate  resumed  the  consideration  of  the  bill  to  raise,  for  a 
limited  time,  an  additional  military  force. 

Mr.  BREESE. — Mr.  President  :  I  never  rise  in  this  presence 
upon  ihc  most  ordinary  occasion,  either  to  explain  or  defend  a  mea- 
sure purely  local  in  its  eharnctcr,  without  some  embarrassment  ; 
and  that  feeling  is  greatly  increased,  as  j-ou  may  well. suppose, 
when  questions  of  vital  importince  to  the  nation  are  under  discus- 
sion, calling  forth,  as  those  have,  connected  with  this  bill,  the  best 
eliiirts  of  the  must  distinguished  members  of  this  body.  Nothing, 
sir,  but  an  overwhelming  sense  of  the  dnty  I  owe  to  the  State  which 
has  honored  me  so  much,  and  whose  patriotism  has  been  so  signal- 
ly exhibited  from  the  verv  commencement  of  this  war,  and  whose 
reoplc  taketlie  deepest  Interest  in  its  progress  and  success,  could 
ave  broken  the  silence  I  had  imposed  upon  myself,  so  far  as  the 
mere  object  of  the  bill  itself  is  concerned.  It  is  upon  those 
great  topics,  which  throw  tlic  bill  quite  into  the  shade,  that  I  wish 
to  express  my  opinions  fully  and  without  reserve — premisino- 
liowever,  that  they  are  my  own  individual  opinions,  for  whicS 
neither  the  administration,  nor  any  member  of  it,  nor  the  party 
with  which  I  act,  are  in  the  slightest  degree  responsible.  They 
have  been  formed  after  much  careful  deliberation  and  anxious  in- 
quiry,  anil  with  a  desire  solely  to  arrive  at  correct  conclusions  ; 
and  if  they  are  unsound,  or  of  wicked  and  dangerous  tendency,  or 
iuipraoticnble,  they  will  find  no  echo  in  the  public  heart,  and  influ- 
ence in  no  degree  the  public  judgment.  My  State,  sir,  lias  aright 
to  this  expression  from  me  to  enable  it  lo  judge  if  I  properly  sus- 
t  lin  here  the  important  relation  their  partiality  has  created  between 
us,  and  if  I  fully  meet  all  tho  responsibilities  which  it  imposes  up- 
on  me.  I  have  said,  sir,  that  tho  people  ol'that  great  antJ  patriot- 
ic State  take  the  most  lively  interest  in  this  war  and  in  all  tho 
questions  connected  with  it,  and  look  with  confidence  and  hope  to 
some  grand  achievement  as  its  final  result.  From  its  inception,  on 
I  he  first  call  to  arms  to  repel  the  aggressive  act  of  Mexico,  and  to 
punish  her  for  her  injustice  and  her  wanton  invasion  of  our  territo- 
ry, the  people  there,  with  one  heart  and  one  mind,  were  found  on 
the  side  of  their  country,  the  only  strife  among  them  being  a  gene- 
rous rivalry  as  to  who  could  best  serve  it  in  the  hour  of  its  need. — 
Eight  thousand  of  its  choicest  chivalry  oflcred  themselves  at  the 
call,  of  whom  four  thousand  were  accepted  who  repaired  at  once 
to  the  field,  with  an  alacrity  never  before  manifested,  and  in  the 
campaign  which  followed,  covered  themselves  with  undying  glory. 
It  was  my  fortune,  sir,  lo  be  addressing  the  Senate  at  the  last 
session,  on  the  three  million  bill,  on  the  very  day  of  the  hard  lou"ht 
battle  ol  Bticna  Vista,  when  my  thoughts,  as  they  had  often  done 
before,  turned  to  thosc  noble  spirits,  my  neighbors"  and  my  friends, 
who  had  left  all  the  fond  endearments  of  home — severing  those 
dear  family  ties  they  knew  so  well  how  to  appreciate — to  do  bat- 
lie  for  their  country  in  a  foreign  land,  inspired  only  by  the  fervor  of 
a  generous  patriotism,  when  I  was  prompted  thus  to  speak  of 
them  ; 

"They  have  proved,  bv  the  suftVrings  they  have  endured  bv  disease,  and  by 
pcrfoiming  the  most  wonderful  marches  in  modern  times — advancing  forty  miles 
ill  n  day — bivouacking  at  night  with  half  rations — and  showing  by  their  discipline 
and  jirompt  obedience  to  orders,  that  tliev  can  be  relied  upon  iu  anv  and  every  emergen- 
cy ;  and  though  it  has  been  denied  them  to  participate  in  the  perils  of  the  battle  field, 
Uiey  have  given  the  strongest  assurances,  tha:  in  it,  tliey  would  no!  tail  lo  reap  a  full 
liaivesl  of  glory." 

That  prophecy,  sir,  was  at  that  very  moment  fact — at  that  veiy 
hour  they  were  gathering  glory  at  tho  cannon's  mouth,  and  so 
long  as  Buena  Vista  shall  be  a  familiar  word — so  long  as  the 
mountains  there,  in  whose  sight  they  fought  and  fell,  shall  lift  iheir 
summits  to  the  sky — so  long  will  the  valorous  deeds  of  the  gallant 


I 


280 


THE  TEN  REGIMENT  BILL, 


[Monday, 


illinoians  be  remembered  and  rehearsed.  At  Ceiro  Gordo,  too, 
sir,  they  exhibited  like  evidences  of  tjallantry,  exaltinff  by  their 
deeds,  not  only  the  character  of  their  State,  but  of  the  whole  coun- 
try, to  which  they  had  so  signally  manifested  their  devotion.  These 
troops,  sir,  were  of  the  best  blood  of  the  State,  composed  of  gen- 
tlemen of  character  at  home,  each  one  of  whom,  in  battle,  felt  as 
if  he  had  not  only  the  character  of  his  country  to  sustain,  but  his 
own  individual  character,  and  that  made  them  then,  as  they  will 
be  ever,  invincible.  And.  sir,  so  far  as  the  immediate  object  of  this 
bill  is  concerned,  and  in  answer  to  the  remarU,  that  the  troops  can- 
not be  raised  by  it  in  any  reasonable  time,  I  should  not  fear  to  pledge 
myself  that  on  its  being  known  that  it  had  become  a  law,  one-half 
of  the  whole  number  can  be  there  instantly  raised,  of  the  same  ma- 
terial and  under  the  same  inspiration.  The  people  of  that  State. 
sir,  are  fully  impressed  with  the  justice  of  this  war,  and  the  de- 
nunciations indulged  in  here  and  elsewhere,  against  tiic  Executive 
as  its  author,  will  have  no  ell'ect  upon  them  to  turn  them  to  peace, 
or  to  oppose  the  government  in  any  of  its  measures  to  carry  it  on 
vigorously  in  the  very  heart  of  the  enemy's  country,  and  they  are 
not  to  be  appalled  at  the  unfortunate  results  which,  in  the  opinion 
of  some  Senators,  may  flow  from  it,  nor  can  they  be  made  to  think 
they  will  be  .so  dreadful  as  depicted.  1  had  hoped,  Mr.  President, 
from  indications  which  I  thought  I  saw  when  this  bill  was  first  re- 
ported from  the  Committee  on  Military  Ailiiirs,  that  it  would  re- 
ceive the  general  assent  of  this  body,  and  that  those  denunciations 
to  which  we  have  listened  so  long,  would  have  been  reserved  for 
some  more  favorable  occasion,  when  the  progress  of  no  great  pub- 
lie  measure  would  be  impeded  by  ihoni,  and  a  better  opportunity 
afforded  for  the  most  unlimited  discussion  and  the  widest  range  of 
debate  ;  but  in  this  I  have  been  disappointed,  and  at  the  hazard  of 
further  delay,  I  must  endeavor  to  repel  these  assaults,  and  place  the 
administration,  and  those  who  support  it,  right  before  the  country, 
and  furnish  a  justification  for  their  and  our  conduct.  Senators  neeil 
not  think  this  war  is  unpopular  ;  in  this  they  deceive  themselves  ; 
every  successful  war  is  popular  ;  and  bold  declarations  that  it  is 
unjust  and  unconstitutionally  commenced,  will  not  satisfy  those 
who  are  to  p^ss  upon  our  conduct.  The  people,  sir,  will  not  be 
deluded  by  such  decUualions — they  will  require  of  those  who  make 
them,  to  sustain  them  by  facts,  by  reasoning,  and  by  fair  argument ; 
and  I  call  upon  Senators  on  the  other  side  of  the  chamber  to  de- 
monstrate, if  they  can.  with  all  their  legal  acumen,  acknowledged 
ability,  and  power  of  investigation,  why  it  is  that  the  war  is  un- 
ju-t  and  unconstitutionally  commenced  t  Will  thcv  reply  that  it 
was  by  the  removal  of  our  troops  to  the  bank  of  the  Rio  Grande  ? 
— that  such  removal  was  an  act  of  war,  and  being  ordered  by  the 
President,  he  acted  therein  in  a  manner  not  warranted  by  the' con- 
stitution  ?  This  ihcy  have  done,  and  the  allegation  involves,  ne- 
cessarily, the  consideration  of  our  right  to  be  there  with  our  troops, 
and  the  question  of  boundary,  and  if  it  has  been  established,  as  I 
think  it  has  been,  that  the  river  was  the  true  and  only  boundary  of 
Texas,  and  that  Mexico  invaded  that  State  to  recover  it  lo'the 
Sabine,  the  right  to  have  our  forces  there  cannot  be  controverted. 
And  here,  sir,  it  will  be  necessary,  in  some  degree,  in  discussing 
this  point,  to  travel  over  ground  heretofore  occupied  by  others;  and 
without  derogating  from  the  arguments  of  others  on  this  point.  I 
must  be  permitted  to  say,  that  the  argument  of  mv  honorable  col- 
league  (Mr.  Douglas,)  was  most  clear  and  convincins.  He  Inis 
shed  such  a  flood  of  light  upon  it— has  so  brillianily  illuminated  it 
— that  none  can  any  longer  be  in  error,  or  go  astray,  except  from 
mere  design  and  wanton  perversity.  I  accord  with'him,  sir,  fully 
in  all  his  views  on  that  point  :  and  lo  show,  sir,  Ihat  it  is  not  a 
sudden  opinion  and  hastily  formed,  I  hcg  leave  to  quote  a  tew  pas- 
sages from  the  sjicech  I  had  the  honor  to  deliver  in  June,  1S44,  on 
the  resolutions  of  the  honorable  Senator  from  Missouri,  (Mr,  Bkn- 
TON,)  pending  the  treaty  of  annexation.  After  stating  the  princi. 
pal  facts  connected  with  the  liistory  of  Mexico  and  Tekas,  I  said  : 

"In  1835.  i?anta  Anna,  then  a  vii-torious  general  abandoning  the  i-an^e  of  rc'put>li- 
canism,  rleclared  in  tavoi  of  a  central  government  by  winch  llie  .^ovcreiyoty  of  the 
States  was.  in  elVect.  abolished,  and  all  power,  civil  ainl  military,  consolidateil  in  one 
man.  Many  of  the  States,  as  all  "the  old  thirteen"  did,  took  up  arms  in  delenee  of 
their  rit^ht*  and  of  their  sovereifrnty,  as  gnaranlied  by  tlie  federative  system  of  ]H',M. 
But  the  power  of  the  usurper  was"irresistible.  State 'after  State  was  "subdued,  unlii 
finally,  save  in  Tevas  alone  of  all  the  Mexican  States,  the  sacred  tire  of  liberty  was 
extinguished  ;  tJicre  alone  it  was  guarded  with  an.xious  vigilance.  Te.tas  refused  lo 
submit  to  the  dictator,  and  resoit  was  had  by  the  people  lo  resist  his  jjower  to  the 
sime  means  onr  ancestors  adopted,  to  free  themselves  from  colonial  vrcssalage  and  main- 
tain their  independence.  They  never  abandoned  tlie  federal  constitution  of  Mexico 
so  long  as  a  hope  remained  of  us  triumph,  bnl  battled  inanfiillv  for  il  tlimiigboul  Ihe 
year  Jd35 ;  and  in  many  a  hard  Ibiight  conliici  Ihe  Texans  were  victorious.  At  the 
close  of  that  year,  a  solemn  declaraliun  of  the  ilelegates  of  the  people  w.is  published 
in  which,  it  is  asserted  that  they  had  recourse  to  arms  in  defence  of  the  republican 
Pniciplw  ol  tiie  federal  constitution  of  IS-'4  ;  tlial  thev  would  adhere  willi  llih-hly  lo 
the  Mexican  confederacy  so  long  as  it  shonin  be  governed  by  tlie  coiisfif  utiou  and  liiws 
aJopleil  for  the  probdion  of  Ibcir  political  riiilits  ;  and  a|.]iealing  lo  other  mcmbcis  of 
theconlederacy.  pleilgcd  ilu-iraid  tosnch  of  them  .as  would  resist  the  mililiuv  dcspoiiMu 
then  being  establislieil  witbin  their  borders.  No  other  State  hut  Texas  daicd  to  icMst  ; 
and  she,  unaided  and  alone,  having  uo  France  to  come  to  her  assistance  as  we  bad! 
defied  and  resist.'d  Ihe  power  of  the  usurper.  A  now  eonveutioii  of  the  peo|.le  as'cm- 
blml  00  tha  )st  o(  March,  I.'-36;  and  .Hithoiigh  the  country  was  invailed  by  Sauta 
Anna  at  the  head  of  a  numerous  army,  Ibe  Alamo  at  Be.var  taken  by  assault  lliou-h 
gallantly  defended  by  a  handlul  of  men  under  ihe  command  of  the  brave  Travis, 
Crockett  and  Bowie,  who  were  all  piitlo  death  ;  Fanning  and  liis  force  caiitnred  and 
treacherously  and  inhumanly  massacred,  and  rlesoUitiou  brooding  ovci  Texas— in  the 
midst  of  nlUhis,  a  regularly  organi/ed  convention  assemlded,  anil  piiblisliea  their  "De- 
claration of  Inilcpendeuce,"  liirmed  a  constitution  lo  be  submitted  to  the  people  for 
their  npprov,al,  and  in  lilty  days  tliereaftcr-oii  the  2l8t  of  April,  on  the  hanks  of  the 
ban  Jacinto— proved  their  ability  lo  maintain  it,  and  rewrote  it  in  cliataclers  of  blood.'' 

I  then  said,  sir,  that, 

"The  jiresent  government  or  supreme  power  of  Mexico,  has  no  right  lo  suhiugale 
rexa«.  And  here  I  am  opposed  by  the  admissions  of  all.  who  have  wriiien  and  sno- 
hen  upon  this  suh.jecl.  Ihal  she  has  su,-li  light.  If  she  has  the  right,  vvlieuce  did  Lhe 
dcnve  it  7  Has  EnKland  a  ri/ilu  to  subjugate  us  if  she  can  bv  a  war  undertaken  for 
ilial  exiitess  purpose !    ^o  sir ;  uo  notion  Ti»»  n  right  lo  commeuco  an  unjust  war  of 


aggression  upon  a  peaceable  neighbor,  for  the  pQrpose  6f  snbiectine  such  nation  to  itft 
|iowe-  for  the  mere  purpose  of  conquest.  It  is  in  violauon  of  the  law  of  God,  and  of 
those  great  pnnci|iles  of  Justice  he  has  e^l-abltshed. 

Texas  was  never  a  party  to  the  presenl  established  government  of  Meiico.  She  was 
a  party  to  her  federative  system,  but  not  to  her  central  despotism,  and  owes  to  il  no 
fealty.  Her  history,  as  already  recited,  proves  this  ;  and  the  conclusion  is  ineststible, 
t  hat  being  in  that  position  towards  .Mexico,  she  has  a  right  to  maintain  it  if  she  can  . 
and  a  war  waged  lb  drive  her  from  it,  and  subjugate  her  to  a  power  she  has  always 
repudiated,  would  he  a  war  coiiilrienced  in  wrong,  waged  unjustly,  and  its  authors, 
aiders  and  abettors,  should  receive,  as  they  would  deserve,  the  execrations  of  the  world.'' 

And.  Mr.  President,  I  entertain  these  opinions  now.  and  I  assert 
that  the  whole  history  of  the  relations  of  "Texas  with  Mexico  show 
that  the  former  was  never  a  party  to  any  other  system  of  govern, 
ment,  as  a  component  part  of  the  latter,  than  as  a  member  of  the 
federal  republican  system  of  1824.  She  resisted  successfully  the 
sway  of  the  usurper  of  1835,  wh.ch  she  had  a  perfect  right  to 
do  :  and  so  would  any  one  of  the  States  of  this  Union  possess  this 
right,  under  similar  circumstances.  I  will  take  Maine  as  an  in- 
stance, as  that  is  a  frontier  State,  and  newly  admitted  into  the 
union  of  States  on  a  federative  system.  How  did  she  join  it,  and 
on  what  principles  1  That  she  was  a  sovereign  and  independent 
State,  with  a  republican  form  of  government,  uniting  her  lortunes 
with  the  other  States,  with  the  same  fcrms  of  government.  Now 
suppose,  sir — but  it  is  hardly  a  supposable  case — that  all  the  rest 
of  the  States  of  the  confederacy,  except  Maine,  should  agree  to 
abolish  the  federative  system  and  their  republican  firms  of  govern- 
ment, and  establish  a  monarchy,  or  a  despotism,  would  they, 
united,  have  the  right  to  coerce  Alaine,  bj'  force  of  arms,  to  do  the 
same  thing — to  abolish  her  forms,  and  subject  her  to  the  control  of 
a  .system  of  government  radically  difl'erent  from  the  one  she  had 
joined  ?  No,  sir,  no.  Maine  would  have  a  perfect  right  to  de- 
clare and  maintain  her  iiidepeiidencc,  if  she  could  ;  and  a  war 
waged  to  subjugate  her,  would  be  a  war  waged  in  wrong.  Ko 
Senator  will  deny  this. 

Well,  sir,  this  was  the  position  of  Texas,  and,  as  I  have  said, 
she  re-wrote  her  declaration  of  independence  on  the  bank  of  the 
San  Jacinto,  on  the  2Ist  of  April,  1831),  in  characters  of  blood;  and 
as  wc  point  to  the  fourth  of  July.  1776,  as  the  first  year  of  our  in- 
dependence, and  to  the  triumph  at  Yorktown  as  confirming  il,  so 
can  Texas  recur  to  the  second  of  March,  1836,  and  to  the  victory 
of  San  Jacinto,  as  like  meinorable  eras  in  her  history. 

The  independence  of  Texas,  Mr.  President,  we  all  know,  was 
manifested  by  adopting  a  constitution  and  a  name,  as  applicable  (o 
that  division  of  the  earth's  surface  composing  the  Kepublic  of 
Texas.  Her  Congress  met  under  this  constitution,  and  among  the. 
acts  passed  by  it,  is  one  of  the  19th  December,  1836,  declaring  ihfi 
boundiirics  of  the  republic,  as  one  of  the  independent  natioss  of  tho 
earth,  which  was,  upon  the  west,  the  went  bank  of  the  Rio  Grande, 
from  its  mouth  to  its  .source;  and  this,  in  conformity  with  the  treaty, 
pact,  or  agreement,  made  with  the  head  of  the  Mexican  govern- 
ment— the  usurper  Santa  Anna— immediately  after  the  battle  of  San 
Jacinto  This  act  of  Congress  was  a  public  act.  and  as  such  must  be 
presumed  to  have  been  in  the  knowledge  of  our  gox'ernmcnt,  in 
1837,  when  the  independence  of  Texas  was  acknowledged,  and 
diplomatic  relations  entered  into  with  her.  It  gave  to  us,  and  to 
the  world,  notice  of  the  extent  of  that  republic — of  the  extent  of 
that  portion  of  an  independent  sovereignty  called  Texas.  But  it  is 
said,  sir.  that  one  nation  cannot  make  a  boundary  for  herself.  As 
a  general  remark,  it  may  be  sustained  by  facts,  as  coterminous  na- 
tions usually  establish  their  boundaries  by  treaty  ;  but  cannot  a 
nation  enlarge  its  boundaries,  or  prescribe  a  boundary  for  itself, 
without  the  consent  of  another  coterminous  nation  ?  Suppose 
France,  engaged  in  a  defensive  war  with  the  neighboring  powers, 
sliiiuld  carry  her  victorious  arms  to  the  Kibe,  and,  by  a  decree,  in- 
corporate the  conquered  countries  within  her  dominion,  and  declai'e 
the  Elbe,  and  not  the  Alps  and  the  Rhine,  her  boundary,  and  could 
maintain  il,  would  she  not  have  a  right  to  do  so  ?  So  of  Maine, 
sir,  if  she  was  separated  from  the  confederacy  by  the  revolution- 
ary acts  of  her  sister  States,  remaining  an  independent  State,  ca- 
pable of  forming  such  relations  with  the  nations  of  the  earth  as 
their  interests  required,  she  ]irotecting  and  sustaining  herself, 
should  she  bo  invaded  from  the  adjacent  British  provinces,  and  was 
able  to  drive  her  foe  beyond  the  river  St.  John,  and  maintain  her 
sovereignty  and  jurisdiction  up  to  that  river — declare  it  a  part  of 
her  territory,  anil  the  leading  nations  of  the  world,  who  make  the 
law  of  the  world,  should  treat  with  her  as  an  independent  Slate, 
with  lhat  boundary — would  not  the  right  of  Maine  to  that  enlarge- 
ment of  territory  and  extension  of  boundary  be  a  perfect  right  ?  If 
otherwise,  I  would  ask  why  ? 

Kngland,  France,  Holland,  and  Belgium,  two  of  them  certainly, 
the  leading  po\\'crs  of  ilie  world,  also  acknowledged  the  indepen- 
dence of  Texas  with  these  defined  limits,  as  a  republic — as  a  nation 
oi' the  earth  capable  by  its  position  of  making  war,  concluding 
peace,  and  clothed  with  all  the  attiibules  of  an  independent  sover- 
eignty. 1  place  much  more  stress  upon  these  acts  of  recognition 
by  the  great  powers  of  the  world  than  others  seem  to  do,  and  I 
must  confess,  sir,  they  have  had  a  controlling  inilueneo  on  my  mind 
in  forming  my  opinion.  They  dccharc,  in  cflect.  that  the  division 
of  the  earth  called  the  republic  of  Texas  with  certain  prescribed 
limits,  is  an  independent  power  of  the  earth,  and  entitled  to  all  the 
immunities  of  nations,  of  which  the  right  to  a  boundary  is  one. 
Suppose,  sir,  this  government,  France  or  England  had,  after  ac- 
knowledging the  independence  of  Texas,  entered  into  a  treaty  of 
alliance  with  her,  oflcnsivo  and  defensive,  would  not  we,  and  they, 
be  required  to  defend  her,  up  to  the  boundary  she  claimed,  against 
any  invasion  from  Mexico  >  Clearly,  sir,  this  would  be  the  extent 
of  the  obligation  under  such  a  treaty.  If  this  bo  so,  then  was  our 
duty  moro  imperative,  after  .wc  had  allured  her  lo  our  embrace — 


Februahy  14.  J 


THE  TEN  REGIMENT  BILL. 


281 


had  prevailed  on  her  to  embark  her  fortunes  with  ours — to  transfer 
her  hine  star  gleaming  in  solitary  splendor  to  our  field  of  azure — 
to  sink  her  nationality  in  our  own — to  yield  her  proud  position  as 
an  independent  nation  to  become  a  subordinate  State — to  defend 
her  aL'ttinst  all  aggression  with  the  best  blood  of  our  people  ;  to  the 
last  cent  in  our  treasury;  and  with  the  whole  might  of  the  nation. 
We  were  bound,  most  religiously  bound,  to  defend  Texas  in  her 
entirety,  and  it  was  for  that  purpose,  and  with  no  other  view  our 
troops  were  ordered  to  take  their  position  on  the  western  limits  of 
that  State.  An  invasion  was  threatened.  War  had  been  de- 
nounced both  before  and  after  the  annexation.  Have  Senators 
forgotten  our  efl'orts  made  in  the  fall  of  1845,  and  in  all  sincerity 
and  good  faith  to  prevent  this  resort  to  arms?  Did  we  not 
before  that,  assure  Mexico,  that  in  what  we  had  done  by  incor- 
porating Texas  into  the  Union,  we  intended  no  unkindness  to  her — 
that  we  could  not  but  consider  Texas  an  independent  nation,  and 
the  power  of  Mexico  over  it  gone  forever,  and  did  we  not  propose 
an  amicable  adjustment  of  the  matter,  and  seek  to  heal  the  wound 
inflicted  upon  her  pride  ?  And  how  were  these  our  declarations, 
and  this  our  attempt  at  adjustment  by  sending  a  minister  to  them  on 
their  promise  to  receive  him,  treated  by  that  power?  We  all  know, 
sir,  and  it  is  useless  to  speak  of  them.  Our  minister  was  rejected 
— Mexico  even  refused  to  talk  with  him — refused  to  hear  our 
propositions;  and  still  persisted  in  her  determination  to  repossess 
herself  of  Texas  !iy  arms,  she  never  alleging  at  any  time  any  other 
claim  to  Texas  than  the  claim  to  the  Sabine,  and  taking  no  ex- 
ception to  the  position  of  our  troops  within  that  territory,  for  it 
will  be  recollected  that  preparatory  to  receiving  our  minister,  she 
only  requested  that  our  naval  forces  should  be  withdrawn  from  her 
coast,  lest  it  might  appear  if  she  negotiated  at  all,  it  vioulcl  be 
considered  she  did  so  under  a  menace.  She  never  desired  that  the 
army  should  be  removed. 

If,  sir.  the  right  to  Texas  was  a  doubtful  one,  what  was  the 
duty  of  Mexico  under  such  circumstances?  Certainly  to  hear  w'hat 
we  had  to  say  about  it — to  listen  to  propositions  of  settlement,  to 
negotiate,  if  possible;  for  there  are  but  two  ways  of  settling  such 
disputes  :  negotiation  and  arms — and  as  Mexico  has  chosen  the 
latter,  I,  for  one,  am  determined  she  shall  feel  our  might,  and 
while  we  have  her  in  our  power  compel  her  to  yield  up  the  fullest 
measure  of  indemnity  for  all  her  past  transgressions  and  enormi- 
ties, and  make  no  accommodation  with  her  until  this  is  done. 

Sir,  in  my  view  of  the  duty  of  nations  disputing  about  a  doubtful 
right,  we  would  have  been  perfectly  justified  by  declaring  war 
against  Mexico  on  her  refusal  to  receive  our  minister;  for,  sir,  it 
is  incumbent  on  the  contesting  nation  to  negotiate,  and  to  submit 
to  an  honorable  compromise.  If  a  nation  will  not  do  this,  the  other 
party  to  the  contest  has  a  right  to  resort  to  arms  to  compel  an  ad- 
justment of  the  question,  and  though  war  does  not  decide  the  right, 
yet  a  victory  usually  puts  it  in  the  power  of  the  successful  party 
io  enforce  a  compliance  with  the  demand — at  least,  this  is  so  un- 
derstood among  civilized  nations. 

Sir,  the  annexation  of  Texas  was  decided  on  by  the  people  with 
their  eyes  open — in  view  of  the  threats  of  Mexico  that  she  would 
declare  war — and  they  were  willing  to  have  war  rather  than  lose 
Texas;  and  the  eflbrt  is  vain,  worse  than  u.'^eless,  to  attempt  to 
make  them  believe  that  it  is  an  unjust  war  or  a  war  of  aggression 
on  our  part.  They  have  too  much  sense  for  this.  No,  sir,  they 
are  fully  convinced  of  its  justice,  and  it  is,  therefore,  popular;  and 
no  declamation  can  drive  tiiem  from  the  position  they  have  taken 
to  support  it  with  zeal  and  energy.  In  view  of  the  lacts  and  rea- 
sons presented,  no  doubt  can  remain  that  the  war  was  brought  on 
by  the  act  of  Mexico,  and  so  declared  by  an  almost  unanimous 
vote  of  both  Houses  of  Congress  on  the  13tli  of  May,  1840,  by  the 
law  of  that  dale  in  response  to  the  message  of  the  Executive  un- 
folding its  causes,  and  ushered  to  the  world  in  the  usual  mode  by 
the  proclamation  of  the  President. 

Although,  practically,  war  had  been  commenced  on  the  24th  of 
April,  1846,  by  the  attack  of  Mexico  on  a  detachment  of  our  troops, 
and  again  on  the  Sth  and  9th  of  May,  and  existed  on  those  days  as 
perfectly  as  ihe  hostile  acts  of  a  foreign  power  can  cause  it  to  ex- 
ist— they  not  being  predatory  incursions,  made  without  authority 
or  without  apparent  cause,  and  with  a  view  to  plunder — but  un- 
dertaken in  pursuance  of  previous  official  notifications  to  our  go- 
vernment, that  war  should  follow  the  annexation  of  Texas,  which 
Mexico  regarded  as  a  revolted  province,  and  to  which  her  right 
had  not  been  at  all  invalidated  by  the  act  of  annexation,  yet,  so 
far  as  we  were  concerned — so  far  as  our  relations,  nationallv  and 
individually,  were  involved,  the  war  had  its  constitutional  exist- 
ence on  the  passaoe  of  the  act  of  the  13th  of  May,  1846.  That 
act  changed  our  relations  from  peace  to  war — recognized  the  prac- 
tical fact,  that  the  act  of  Mexico  had  produced  it — and  we  gave  it 
our  sanction,  and  published  our  acknowledgment  of  it  to  the  world 
in  the  usual  mode.  The  phraseology  of  the  act  declaring  it,  is 
nearly  identical  with  that  of  the  18th  of  June,  1812,  as  Senators 
may  see  who  will  examine.  Both  proceeded  from  messages  of 
the  President  detailing  the  causes,  and  both  were  announced  to  the 
world  by  proclamations  ;  and,  yielding  to  no  one  in  my  sense  of 
the  justice  of  the  war  of  1812  with  Great  Britain,  I  am  constrain- 
ed to  say,  sir,  that  the  justice  of  this  loses  nothing  by  the  compa- 
rison, and  as  that  war  was  denounced  as  "  Jim  Madison's  war," 
as  unjust,  and  aggressive,  so  is  this  denounced  as  Mr.  Polk's  war, 
and  with  equal  boldness  its  injustice  proclaimed.  The  causes  of 
the  war  of  1812  have  been  alluded  to  by  the  Senator  of  Kentucky, 
(Mr.  U.VDEBwooD  ;)  they  were  good  causes,  and  such  as  should 
have  prompted  the  nation,  with  one  heart,  to  rise  up  and  defend  its 
hghls  ;  and  as  that  had,  so  will  this  have,  a  glorious  issue.  But, 
30th  Como. — 1st  Session — No.  36, 


sir,  our  then  enemy  had  not  invaded  our  territory,  had  murdered 
none  of  our  citizens,  though  they  had  forcibly  impressed  them  in 
their  naval  service  and  flagrantly  invaded  our 'neutral  rights.  To 
bring  on  this  war  and  to  add  to  the  injury  inflicted  upon  us  by  the 
robbery  iind  murder  of  our  citizens,  Mexico  invaded  the  soil  of  one 
of  our  sister  Slates,  threatening  to  subjugate  it,  defying  alike  our 
power  and  our  right.  Mexico  commenced  the  war  for  conquest, 
avowedly  to  conquer  Texas,  of  which  she  allesred  she  had  been 
unjustly  despoiled  by  us  ;  and  as  she  had  repeatedly  declared  she 
would  do^she  sought  by  force  to  recover  it,  and  the  whole  of  it, 
to  the  Sabine.  She  sought  conquest — sought  to  rob  us  of  one  of  the 
brightest  gems  in  our  national  coronet — and  though  the  issue  could 
not  be  doubtful,  yet  the  attempt  was  an  indignity,  adding  insult  to 
former  injuries,  and  should  have  been  met  and  repulsed,  as  it  has 
been,  bv  the  power  of  the  nation,  and  merited  chastisement  in- 
flicted. Can  Senators  tell  me  for  wh.it  purpose  the  Mexican  ar- 
my was  on  the  bank  of  the  Rio  Grande,  if  it  was  not  to  carry  out 
the  oft  repeated  threat  to  recover  Texas  by  force  ?  It  was  lor  no 
other  purpose,  and  its  leader  embraced  the  first  favorable  opportu- 
nity to  make  the  invasion,  and  it  has  never  been  disavowed  by  the 
government.  Sir,  as  to  the  justice  of  this  war,  in  view  of  all  these 
things,  it  loses  nothing  in  comparison  with  that  of  1812  ;  and  that 
war  was  denounced  in  terms  equally  violent  and  unmeasured 
with  this.  The  party  at  that  day  arrayed  against  it  when  ii 
was  declared,  was  eager  to  get  the  nation  into  it  years  before  Con- 
gress acted.  Every  eflbrt  was  made  to  influence  the  minds  of  th» 
people  against  Great  Britain,  and  appeals  of  the  most  inflammatory 
character,  accompanied  by  attacks  upon  the  administration,  of  the 
want  of  spirit  and  patriotism,  were  constantly  made;  and  they  ai- 
serted  that  it  was  so  tamo  and  spiritless  that  it  "  could  not  be 
kicked  into  a  war."  As  early  as  1806,  a  leading  federal  print  of 
that  day,  declared  that  "  the  disputes  between  this  country  and 
England,  so  long  attended  with  rigor  on  her  part,  and  injury  on 
ours,  will  not  admit  of  much  longer  vain  complaints  and  harsh  re- 
criminations. They  must  terminate  shortly  in  the  silence  of  war 
or  peace."  And  again  in  the  same  year  it  declared,  "they  [the 
democrats  in  Congress]  dare  not  resist  all  aggressions  alike,  and 
assume  the  part  of  spirited  impartiality,  as  a  magnanimous  jiolicy 
requires.  If  war  is  called  for  by  the  insulted  honor  of  the  coun- 
try; if  the  cup  of  conciliation  is  drained  to  the  dregs,  as  they  de- 
clare it  to  be,  let  the  war  be  declared;  let  an  embargo  be  laid; 
adequate  funds  provided;  the  strong  arm  of  defence  nerved  and 
extended;  and  a  powerful  navy  ordered.  In  these  measures  the 
whole  country,  from  Georgia  to  Maine,  convinced  of  their  propri- 
ety, will  be  united." 

These  extracts  arc  from  the  Boston  C'cntincl,  then  the  leading 
federal  paper  of  the  Union. 

A  letter  from  Washington,  of  the  same  year,  says:  "Fear,  pre- 
judice, or  some  other  dastardly  principle,  is  continually  crossing 
the  path  of  our  rulers  ,  and  the  loud  call  of  our  country,  its  com- 
merce and  spoiled  merchants,  for  energetic  purposes,  is' unheard  or 
disregiirded.  My  fears  are  that  the  President's  messages  will  only 
be  supported  by  windy  debates,  or  pen  and  ink  reports." 

Although  the  ''Centinel"  had  proposed  an  embargo,  yet  when  it 
■was  laid  in  1807,  it  said,  "the  embargo  which  the  government  has 
just  laid  is  of  a  new  and  alarming  nature.  War,  great  as  the  evil 
is,  has  less  tenor,  and  will  produce  less  misery,  than  an  embargo 
on  such  principles." 

When — forbearance  ceasing  to  be  a  virtue — war  was  declared, 
the  Senate  of  Massachusetts  resolved  that  "it  was  founded  in  false- 
hood, declared  without  necessity,  and  its  real  object  was  extent  of 
territory  by  unjust  conquests,  and  to  aid  the  late  tyrant  of  Europe 
in  his  view  of  aggrandizement." 

And  the  pulpit,  where  politics  should  not  enter,  became  also  a 
theatre  in  which  its  ministers  sought  to  inflame  the  pubbc  mind 
against  the  administration  of  their  country,  and  place  it  in  the 
wrong,  in  the  sight  of  their  powerful  enemy  and  the  world. 

One  of  them,  highly  distinguished  by  his  position  as  the  Rector 
of  Ihe  Trinity  church  in  Boston,  in  a  discourse  delivered  in  July, 
1812,  said,  "This  is  a  war  unexampled  in  the  history  of  the  world; 
wantonly  proclaimed  on  the  most  frivolous  and  groundlejs  pretenoat 
against  a  nation  from  whose  friendship  we  might  derive  the  most 
signal  advantages,  and  from  whose  hostility  we  have  reason  to 
dread  the  most  tremendous  losses."  Again,  "  Every  provocation 
has  been  offered  to  Great  Britain  on  our  part,  and  our  resentment 
has  risen  in  proportion  as  she  has  shown  a  conciliatory  spirit." 

And  then  in  his  pious  fervor  he  exhorts  his  hearers  thus:  "  Let 
no  consideration  whatever,  my  brethren,  deter  you  at  all  times, 
and  in  all  places,  from  execrating  the  present  war  It  is  a  war 
unjust,  foolish,  and  ruinous."  And,  "as  Mr.  Madison  has  declared 
the  war,  let  Mr.  Madison  carry  it  on." 

And,  not  to  be  outdone  in  the  hostility  here  exhibited,  another 
eminent  divine,  at  Medford.  the  Rev.  Dr.  Osgood,  endeavored 
to  prevent  his  countrymen  from  enlisting  in  the  service,  and  from 
loaning  money  to  the  government,  to  carry  on  the  war.  Here  is 
what  he  says: 

"  If  at  the  command  of  a  weak  or  wicked  rcler.  they  undertake  an  Qnjusl  war,  «ach 
man  who  volunteers  liis  services  in  the  cause,  or  loans  his  raonev  for  its  support,  or  by 
his  conversation,  his  writings,  or  any  other  mode  of  influenced  encourage*  us  prorao- 
lion,  that  man  is  an  accomplice  in  the  wickedness,  loads  his  conscience  "  ith  the  black- 
es:  crimes,  brings  the  guilt  of  blood  upon  bis  soul,  ami  in  the  sight  of  God  and  hi*  law, 

isaMCRDEREH." 

Another  one,  a  reverend  doctor  also,  gave  his  hearers,  if  there 
were  any  that  justified  the  war,  this  consolation:  "Let  every  man 
who  sanctions  this  war  by  his  su9"rage  or  influence,  remember  that 
he  is  laboring  to  cover  himself  and  his  country  with  blood.  Tha 
blood  of  the  elain  will  cry  from  the  ground  against  him."    "  And 


A 


282 


THE  TEN  REGIMENT  BILL. 


[Monday, 


he  asks  "how  will  the  supporters  of  this  anti-christian  warfare 
endure  their  sentence;  endure  their  own  reflections;  endure  the 
fire  that  forever  hums — the  worm  which  never  dies — the  hosan- 
nas  of  heaven — while  the  smoke  of  their  torments  ascends  forever 
and  ever." 

The  press  too,  sir,  that  mighty  engine,  operating  with  such  won- 
derful power  on  the  puhlic  mind,  in  the  very  midst  of  the  war, 
when  loans  were  necessary  to  carry  it  on,  and  our  honor  and  our 
all  at  issue,  was  engaged  in  most  unholy  and  unpatriotic  el- 
forts  to  embarrass  the  government  by  attempting  to  detet  capital- 
ists from  loaning  their  money  ;  and  I  fear,  sir,  similar  attempts 
rnay  be  made  now,  but  I  hojte  not. 

Here  are  two  extracts  from  the  leading  federal  and  anti-war 
papers  of  that  day  : 

••  Will  leileralists  soliacrilio  to  the  loan  ?  Will  Uicy  l«nil  iiioiicv  to  ciiir  natioiinl 
inlors?  It  is  impossiUi:."  "What,  tlicii,  if  we  now  Irnd  llioiu  money  ?  They 
will  not  make  iwacB  ;  Ihcy  will  still  hanker  for  Canada ;  they  will  asfernhle  forces,  and 
shed  blood  on  onr  western  frontier :  mere  |.rirle.  if  nothing  else,  wonid  make  them  do 
it.  The  motives  wliieh  firet  brought  on  the  war.  will  still  eontinne  it  il  the  money 
ran  be  had."  "  ,\ny  federdist  who  lend*  money  to  eevernraent.  nnistso  and  shake 
hands  with  .Tam-s  Madison,  and  elaim  fellowship  with  Felix  Grundy.  Let  him  no 
more  call  liimselfa  federalist  and  friend  to  his  country  I  He  will  he  called  by  others, 
infamous !"  ,       -    ,   ,    -    j  ,  ,  -      .,. 

"  Ourmorchanis  constitnte  an  honorable,  Inirh-minded,  independent,  and  intelligent 
class  of  citizens.  They  feel  the  oppression,  injury,  and  mockery  with  which  they  arc 
treated  by  this  government.  They  will  lend  their  money  to  retrace  their  steps:  hut 
none  to  "penicvefe  in  their  jiresent  course.  Lrf  rrtry  highwaiwunt  fnd  /n.<  oint  pis- 
tols." 

The  New  York  Evening  Post,  then  a  paper  of  the  same  stamp, 
federal  and  anti-war,  said  ; 

"  We  have  only  room  this  evening  to  say,  that  we  trust  no  true  friend  to  his  conn- 
try  wil  I  be  fomid  amouf;  the  subscribers  to  the  Gallatin  loan." 

And  the  Boston  Gazette  said  : 

It  is.very  gratefnl  to  find  that  the  universal  sentiment  ie,  that  niiy  ntaj}  y^lnt  Imds 
his  money  ill  thr.  sovcrnment  at  the  prrscnt  time,  triti  forfeit  aJl  ciaim  to  common 
huncsty  and  t-aowton coiirtcsij  among  nil  trne  f fiends  to  the  covninj*.'* 

And,  sir,  to  such  an  extent  were  their  efforts  carried,  that 
the  agents  of  the  govoriiment  appointed  to  receive  subscriptions 
for  the  loan,  found  it  necessary  to  advertise  that  tlie  names  of  the 
subscribers  should  be  known  only  to  themselves  ! 

But,  sir,  this  conduct,  so  unjustifiable  as  it  was,  hardly  equals 
tliat  of  the  present  day,  as  we  may  see  by  reference  to  soiae  of  the 
leading  opposition  journals  in  different  parts  of  the  United  States,  to 
say  nothing  of  their  great  organ  here  at  Washington.  I  have  in  my 
hand,  sir,  some  extracis  from  tliese  papers,  and  will  read  them, 
regretting  at  the  same  time  the  necessity  that  exists  for  doino-  so^ 

Here  are  extracts  from  leading  opposition  prints  in  Ohio  : 

"The  voice  of  lamentation  and  war.  heard  all  over  the  conntry,  from  homes  and 
firesides  made  desolate  by  the  slaughter  of  fathers,  and  hnsliaiids,  and  brothers,  is  sweet 
innsic  to  the  ears  of  the  President  and  his  friends — 7«(/  tluy  seem  nwbitiovs  to  swell  the 
chorus  by  increasinffthe  vumbfr  of  victims  " —  TVorren  Chronicle, 

"TncT  (the  Mevicans)  ARE  IN  THE  RIGHT— WE  IN  THE  WRONG> 
They  may  appeal  in  confidence  to  theGod  of  battles:  bnt  if  we  look  for  aid  to  any  othe' 
than  human  power,  it  must  be  to  the  infernat,  maciiinations  of  HELL — lor  thus 
far.it  would  seem,  the  DEVIL  HAS  GOVERNED  AND  GUIDED  ALL  OUR 
ACTIONS  in  the  premises."— Ji'™(ii  Tarch  Llghl. 

"We  rejoice  to  see  a  large  and  respectable  number  of  the  whig  papers,  in  Ibis  and 
other  States,  taking  decided  grounil  against  further  appropriations  by  Congress  of  men 
and  money  for  the  Mexican  throat  cutting  business.  This  is  as  it  should  be." — Xnna 
Torch  Light, 

"If  Congress  is  opposed  to  the  war — if  tliat  bodv  is  of  ojtinion  that  it  is  unjust  iiu- 
politic.  and  of  dangerous  tendency,  NO  DUTY  CAN  BE  MORE  lUNDlNC  THAN 
THAT  OF  REFUSING  THF,  MEANS  TO  PROSECUTE  IT.  The  war  is  the 
result  of  usnrjiation — begun  originally  without  coiisukiug  the  \\;\\  making  power. — 
Lebanon  {(J.)  Star, 

"No  man,  no  people,  lookinir  upon  the  contest,  r;AN  iiitLp  sYMPATlu.siNt?  with 
MEXira,  nnd  nuiling  in  UTTERlNtJ  i\  BITTER  CONDEMNATION  AGAINST 
OITR  OWN  GOVERNMENT."— r(»fi>ijn(!  Oaiette. 

"A  war  .against  a  neighboring  republic,  waged  now,  aroweiUy  for  the  arr/uisitioit 
of  Icrrilonj,  under  the  frauitulent  prctejt  of  seelaug  indenmihj  for  alledged  claims 
for  injuries  to  the  persons  and  property  of  our  citizens. — Oh.  ,-ttlas. 

Here  are  some  extracts  from  other  papers  of  the  same  stamp 
in  different  parts  of  the  United  States  : 

"None  of  the  aggressors  in  Europe  or  Asia  ever  resorted  to  justificatory  reasons, 
winch  were  so  false  and  hypocritical,  as  those  alleged  for  our  aggressions  on  Mexico." 
"The  truth  is.  it  (the  war)  was  conceived  in  folly  and  wickedness,  and  commenced  by 
a  gross  usurpation  on  the  partof  the  President.  —Kennchre  (Me.)  .Journal. 

"Let  every  one  keep  aloof  from  this  vnrighteovs,  INFAMOUS,  GOD  ABHORRED 
war,  and  it  will  soon  come  to  an  end.  The  prospect  is  that  tile  administration  can  get 
neither  men  nor  money  to  carry  on  the  war  1  Thank  the  /.ordfor  ail  that !"— A'.  JI. 
fitotcswan. 

"To  rotuntcrr  or  votea  dollar  to  carrif  on  the  let r,  is  moral  treason  against  the 
Ooduf  Heaven  and  the  rights  of  mankind  1"—Harerhill,  (Mass.)  Oazitte. 

"  Talk  if  this  war  as  we  may.  shout,  rejoice,  and  illnminate  your  cities,  it  is  still 
a  war  of  ivju.i(ice,  of  ronqnc.it,  nnd  of  unniitigated  evil  •  and  it  is  high  time  that  the 
virtuous  and  patriotic  should  speak  out  in  coedemnation  of  H."— Boston  HiMtinel, 

And  on  another  occasion — Speaking  of  Mr.  Trist's  negotiation  t 

"It  shows  very  clearly  what  the  original  eliject  and  ]iiirposes  of  the  war  were  ;  that 
i>,  ma  word,  that  the  great  object  was  Aem  isition  ok  a  .sew  teukitorv," 

"The  Mesican  wnrappearsto  be  fast  settling  down  to  a  mere  matterof  PLUNDER 
and  MURDLR.  *  *  * 

"IVe  think  the  war  UISREPUTABI.K  TO  THE  AGE  WE  LIVE  IN  and 
the  country  OJ  which  il  is  our  boast  to  be  called  her  ehildrcn."~Iloston  .Mas.  ' 

.rA'Vr^trT\'tr'vi'vic'*\.s''?.'T''';'  worthy  of  American  liberty,  H^  impulse  is 
TO  JOIN  TIIL  ML.Ml  A^.s  .and  to  burl  down  upon  the  i„.sc.  slavi.^h,  mmenory 
inradn-s.  who,  born  in  it  lepub he,  go  to  pla,  over  the  accursed  game  of  the  Hessians 
on  the  tops  ol  those  Mexican  volcanoes.  It  would  be  a  sad  andwoeful  iou  uevn'lhe- 
ic,s,to  hear  that  the  hordes  under  ,>~roll  and  Taylor  icet-e  i:vkrv  ma^oe  iMts, 
»\vept  into  Tlllc  NEXT  wolll.D  1  ffhiit  business  ha.i  an  inmding  „„,,,, ,,,  ,/,,.  i" 
Jloston   l/aily  Chronotype.  *•         ' '"  """  •    "~ 

Here  are  the  sentiments  of  some  of  them  in  New  York  Peim- 


excnse  for  the  war,  there  is  none  for  the  measure  whiuh  open- 
;  is  found  for  the  war  itself  ?" — S^'oeth  ^imerican 


sylvania,  Maryland,  Kentucky,  and  Tennessee,  all  leading  oppo- 
sition papers,  and  I  regret  to  say,  sir,  the  two  last  from  ray  own 
most  patriotic  state  : 

"The  ivHoLE  world  knows  that  it  is  Mexico  which  H.\S  BEEN  IM- 
POSED UPON  and  that  OUR  PEOPLE  .\RETHE  ROBBERS  I  !"— So  far  as 
onr  government  can  efiect  it,  the  laws  of  heaven  are  SUSPENDED  and  those  of  hell 
established  III  their  stead."  *■  To  the  people  of  the  United  States!  Your  rulers 
are  precipitating  you  into  a  fathomless  abyss  of  cnme  and  calumny'." — A'ieto  Yorlt 
Tribuni'. 

"  But  the  whig  party  are  unchanged  in  their  view  of  this  contest,  (with  Mexico.) 
lt.<:  origin  was  the  nnnexatimi — its  immediate  cause,  the  unauthorized  occupation  of 
disputed  territory.  It  is  the  Presiit.nt\^  war  ]"  "  Mexico  is  the  Polaiid  of  Ame- 
rica." "If  there  were  < 
ed  it.     But  whate.xcuse  i 

"  We  may  suppose  that  we  are  to  carry  on  a  war  for  conijuest,  and  that  the  halls  of 
Ihe  IMontezumas  ate  to  he  occupied  bvTHE  LWADERS  Inmi  the  United  Slates  !" 
"  Mexioo  has  done  infinitely  more  for  herself  in  this  war.  than  the  I'nited  States,  by 
their  government,  havedone  for  themselves."— C^.  .s.   Gazette. 

"  AVhat  is  it  then,  that  makes  or  allows  Mr.  Polk  to  sanction  this  war  and"  all  the 
outrages  of  which  it  is  the  eonsequeuce  ?  It  is  this— „lXr.  Polk  is  a  weak  man.  He 
was  selected  to  he  the  locofoco  candidate  for  President,  because  he  was  w-eak.  It  wa* 
this  that  recommended  him  to  his  party.  It  was  this  that  elected  him.  It  has  been 
correctly  said,  that  ilis  a  curse  upon  a  nation  to  have  a  weak  minded  ruler.  We  ate 
under  the  judgment  of  that  curse. — Bultimore  Tatriot. 

"  If  there  is  any  conduct  which  constitutes  moral  treason,  it  is  an  attempt  to  em- 
hark  or  to  encourage  the  country  in  A  WAR  AGAINST  GOD,  as  is  the  case  in  a 
learlikeTitxr  ix  which  we  AltE  Now  ExoAriED."- i.o«/>i;i7/e  Journal. 

"TO  VOLUNTEER,  OR  VOTE  A  DOLLAR  TO  CARRY  ON  THE 
WAR,  is  MORAL  TREASON  AGAINST  THE  GOD  OF  HE.-VVEN.  and  the 

rights  of  mankind!  !" — J^^ashvillc  Gazette. 

"  The  fact  is,  the  Mexican  war  was  begun  in  a  perfidious,  rascally  attempt  of  dem- 
agogues at  President-making;  and  is  now  being  carried  out  in  the  same  sjiirit  and  un- 
der the  auspices  of  men,  who,  to  gain  the  spoils,  have  resorted  to  this  INICIUI- 
TOUS  SCHEME  OF  CONQt.'EST."— CAico^-o  .Joonial, 

"  We  cannot  possiblv  look  favorably  upon  this  war — iu  first  act  was  A  GROSS 
OUTRAGE  UPON  MEXICO.  Arid  can  it  be  supposed  bv  Mr.  Polk,  and  his  ad- 
visers, that  an  error  so  glaring,  A  CRIME  SO  UNPARDONABLE  .4S  THIS 
MEXICAN  \VAR.  can  be  whitewashed  ?  We  may  well  wish  our  country  out  of 
this  UNRIGHTEOUS  WAR."— .WoHnI  Carmel  Register. 

I  have  not  alluded,  Mr.  President,  to  the  events  of  the  last  war — 
all  which  come  to  me  as  history,  for  I  cannot  say  "quorum  pars 
fui"- — ^for  the  purpose  of  awakening  old  resentinents  and  buried  an- 
imosities, nor  with  any  unkind  spirit  to  any  of  the  actors  in  them, 
nor  indeed  with  any  personal  allusion  whatever;  but  I  have  thought 
it  might  be  useful  to  the  country  to  exhibit  the  perfect  resemblance 
between  the  spirit  of  the  opposition  of  that  day  and  of  this,  and  as 
we  know  that  not  one  of  the  misgttided  political  fanatics  of  that 
time,  however  distinguislied  he  might  have  been  for  his  talents  and 
his  virtues,  has  been  able  to  stand  before  the  people  of  this  nation 
and  claim  and  receive  their  confidence,  their  condemnation  has 
been  so  overwhelming:  so  we  mav- expect  that  those  of  this  day, 
going  as  they  do  even  beyond  these  their  great  prototypes,  will  as 
surely  meet  with  a  punishment  equally  withering  and  condign. 
Sir,  there  can  be  no  mistake  about  this — no  one  of  them  can  escape 
the  blighting  judgment  of  an  offended  and  outraged  people.  As 
willing  as  we  all  arc  and  should  be,  "to  pardon  something  to  the 
spirit  of  liberty,"  and  to  indtdge  in  the  freest  discussion,  yet,  sir, 
when  political  fanaticisin  goes  so  far  as  we  see  it  now,  it  is  much 
to  be  apprehended,  the  judgment  of  posterity  will  distinguish  it  by 
another  appellation.  Their  fate  should  be  a  warning  to  those 
who  m.ay  be  disposed  to  withhold  supplies  of  men  and  money  now, 
they  .sliould  listen  to  the  teachings  of  the  past,  learning  wisdom 
from  its  experience.  It  is  in  vain  to  say,  sir,  that  the  war  is  un- 
just or  unconstitutionally  commenced,  against  all  the  facts  to  the 
contrary;  and  thus  attempt  to  escape  responsibility — they  will  be 
held  to  it.  sir,  and  cannot  shield  themselves  by  any  such  pretence. 

Mr.  BADGER. — Will  the  honorable  Senator  allow  me,  as  he 
has  several  times  alluded  to  some  one  who  characterized  this  war 
as  an  unconstitutional  war,  to  ask  him  if  he  referred  to  me. 

Mr.  BREESE. — I  referred  to  the  Senator  from  Kentucky  imme- 
diately belore  you,  (Mr.  Underwood.) 

Mr.  UNDERWOOD. — I  beg  to  inform  the  honorable  Senator, 
that  my  remark  wa.-^,  that  it  was  an  unoonstitulional  act  by  which 
the  war  was  commenced — the  placing  our  troops  on  the  Rio 
Grande. 

Mr.  BREESE. — I  have  shown,  sir,  I  think  that  was  a  proper 
.act — one  which  wc  had  a  right  to  do.  Suppose  our  government 
had  taken  no  prcenutionary  measures  for  the  defence  of  Texas 
against  the  threatened  invasion  of  Mexico,  having,  as  she  had,  a 
large  force  on  and  near  that  frontier,  and  breathing  war  in  every 
missile  from  her  functionaries,  would  the  President  have  discharged 
his  duty  to  Texas — would  our  obligations  to  her  have  been  fulfilled? 
If  one  solitary  inmate  of  the  humblest  cabin  within  it  hud  been  the 
victim  of  a  Mexican  inroad,  and  his  little  all  given  to  the  flames  or 
carried  off  as  booty,  and  we  not  there  witli  our  protecting  power, 
how  loud,  and  deep,  and  bill  r  would  have  been  the  denunciations 
of  those  who  now  assail  the  lOxecutivc  for  this  act  intended  alone 
for  ))rotoction — alone  to  prevent  invasion!  Sir,  we  were  placed  in 
such  a  situation  as  to  compel  the  government,  by  all  its  oblij»ations 
of  justice,  honor,  and  gooa  faith,  to  lake  the  position  we  did;  and 
such,  sir,  is  the  honest  judojnicnt  of  the  country. 

Well,  sir,  wc  are  now  in  this  war,  our  armies  have  gone  "deep 
into  the  hovvels  of  tlie  land,"  and  it  seems  to  mc  alike  the  dictate 
of  duty  and  patriotism,  to  prosecute  it  with  renewed  vigor,  and 
never  conclude  a  peace  until  we  have  accomplished  what  is  now, 
and  has  always  been,  <uir  object,  reparation  for  the  past  and  se- 
curity for  tho'futurc,  no  matter  to  what  results  the  attempt  may 
lead. 


FEBRtTART   14.] 


THE  TEN  REGIMENT  BILL. 


283 


All  of  us,  I  believe  sir,  were  willing  in  1846,  and  expected,  that 
the  war  would  be  carried  inte  the  heart  of  Mexice.  I  recollect 
well,  sir,  a  remark  of  the  distinguished  Senator  of  North  Caroli- 
da,  (Mr.  Mangum;)  who  has  not  spoken  to  this  bill,  that  if  he 
could  be  satisfied  that  the  war  did  exist — if  there  should  be  no  disa- 
vowal on  the  part  of  the  Mexican  government,  of  the  act  of  cross- 
ing the  Rio  Grande  and  attacking  our  troops,  he  would  vote,  not 
only  ten  thousand,  but  fifty,  or  a  hundred  thousand  men,  and  if 
necessary,  proceed  to  the  plaza  of  the  city  of  Mexico,  and  there 
dictate  a  peace.  I  believe  it  was  well  understood,  then,  sir,  at 
least  such  is  the  inference  I  draw  from  the  reinrtrks  of  that  hono- 
rable Senator,  that  crossing  the  Rio  Gande  by  Mexican  troops, 
would  be  an  invasion  of  our  territory,  and  that  we  must  not  only 
repel  it,  but  carry  the  war  with  sufficient  array,  into  the  enemy's 
country,  and  this  Senator  expressed  a  most  cheerful  willingness, 
to  give  the  government  all  the  means,  both  of  men  and  money,  re- 
quisite for  such  a  prosecution  of  the  war,  and  at  the  last  session, 
the  same  patriotic  spirit  was  manifested  for  the  supplies  were 
then  granted  with  very  little  opposition,  only  three  I  believe  voting 
against  the  bill  to  raise  an  additional  military  force,  and  but  two 
against  the  loan  bill.  And  why  Senators  should  now  refuse  to 
support  a  measure  like  this,  to  reinforce  the  army,  I  .am  at  a  loss 
to  conceive j  nor  can  I  reconcile  it  with  ihe  vote  they  have  already 
given  on  an  amendment  proposed  to  it. 

Mr.  MANGUM. — The  honorable  Senator  refers  to  certain  re- 
marks which  I  am  reported  to  have  made,  introductory  to  my  vote 
upon  the  bill  recognizing  the  existence  of  the  war,  and  certainly 
an  erroneous  inference  has  beon  drawn  from  those  remarks,  or  else 
I  did  not  understand  myself.  The  question  was  raised,  whether 
we  should  cross  the  Rio  Grande  for  the  purpose  of  chastising  our 
enemy;  well,  I  never  doubted,  that  m  the  ease  of  aggression  on 
their  part,  it  was  entirely  proper  for  us  to  pursue  them  even  to 
the  heart  of  their  country,  but  an  inference  is  not  to  be  drawn  from 
this,  that  I  contemplated  any  thing  like  conquest.  This,  I  have 
been  utterly  opposed  to,  as  my  recorded  votes  will  .show.  At  the 
time  when  we  were  called  upon  to  recognize  the  existence  of  the 
war,  we  had  licard  of  a  collision  having  taken  place,  but  we  knew 
not  how  it  originated,  the  documents  were  not  before  us  to  be  read 
and  we  were  driven  to  a  vote  at  once,  and  were  obliged  to  vote  in 
the  dark,  but  on  that  occasion,  T  did  not  doubt  that  we  had  ari"ht 
to  cross  the  Rio  Grande,  in  order  to  chastise  an  aggression,  that 
was  my  meaning,  and  if  my  remarks  are  correctly  re  ported,  thcv 
meant  that  and  no  more  than  that,  and  therefore,  I  repel  the 
inference  that  I  was  desirous,  or  wilUng  to  an  into  a  career  of 
conquest. 

Mr.  BREESE. — I  will  read,  sir,  an  extract   from  the  remarks 
of  the  honorable  Senator,  as  reported  in  the  Congressional  Globe  : 

"  He  and  his  frienils  .irp  ready  to  ^raiit  whatever  tiieii  and  money  were  required  in 
half  an  hour.  And  hetbre  the  men  raised  could  arrive  at  their  desfjnalion,  tlie  renui- 
fife  time  woidd  have  been  afforded  to  determine  intelh^ently,  and  on  authentic  evi- 
dence, whether  a  state  of  war  did,  or  did  not  exist.  If  it  did,  then  Mr.  M  sliould 
lie  unwilling  to  restrain  the  action  of  our  forces  to  tlie  lell  hank  of  Ihe  Rio  del  Noire. 
If  we  were  actually  at  war,  then  he  was  under  the  impression  that  our  forces  oui:lit  lo 
cross  the  river,  and  that  we  should  not  .stop  till  we  had  dictated  peace  at  the  caphal  of 
the  Mexican  empire.  Let  the  fact  be  clearlv  ascertained,  and  then  he  was  prepared  to 
vote,  not  fifty  thousand  men  only,  but  a  hundred  or  a  hundred  and  fifty  tlic.iisTid  if 
the  Executive  came  to  Congress  and  demanded  that  amount.  lie  was  ready  to  place 
Ihe  whole  force  of  the  country  at  his  disposal,  and  that  he  should  be  enabled  to  con- 
<iuer  peace  in  the  heart  of  the  Mexican  empire." 

The  Senator  does  not  deny  that  he  is  eorrectlv  reported,  and  I 
could  not,  of  course,  know  what  particular  vieVs  the  honorable 
Senator  then  entertained,  any  further  than  I  can  gather  them  from 
these  remarks;  but  what  are  we  to  conclude  was  "to  be  done  by  such 
a  force  as  he  was  willinsj  to  vote,  unless  it  was  to  overrun  Mexico 
and  conquer  it,  and  in  that  way  "  conquer  peace." 

Mr.  MANGUM.— I  meant  any  force  that  might  be  necessary 
to  chastise  the  enemy,  and  to  dictate  a  peace. 

Mr.'  BREESE.— But  why  chastise  the  enemy  when  they  had 
done  us  no  wrong?  If  the'Rio  Grande  was  not  the  boundary  of 
Texas,  but  belonged  to  Mexico  then  their  troops  perpetrated  no 
wron.o-  in  crossing  it;  and  it  would  be  an  outrage  on  our  part  to 
raise  a  force  of  one  hundred  thousand  men  to  chastise  Mexico  for 
this,  and  carry  our  arms  to  her  central  city  and  there  dictate  a  peace. 
But,  sir,  I  cannot  reconcile  the  opposition  of  Senators  to  this  bill, 
on  another  ground.  They  have  insisted,  every  one  of  them  iho 
has  spoken  to  it,  that  our  force  in  Mexico  is  amply  sufficient  Ira- 
all  legitimate  purposes,  and  minute  calculations  have  been  made 
to  prove  It;  yet,  at  the  same  time,  thev  vote  under  the  ayes  and 
noes  on  the  amendment  of  the  honorable  Senator  of  Kentucky, 
(Mr.  Cbittenden,)  to  give  the  President  power  to  call  for  ihe 
services  of  thirty  thousand  volunteers,  three  times  as  many  men  as 
this  bill  proposes.  No  doubt,  sir,  there  is  good  reason  for  this,  and 
It  may  not  he  at  all  inconsistent.  This  vote  was  given  before  the 
passions  had  become  excited  by  the  collision  of  debate;  and  I  doubt 
not,  sir,  the  Senators  who  voted  for  the  amendment,  voted  in  gooil 
faith,  and  with  a  determination  to  arant  reinforcements,  the  'only 
strile  se^minjr  to  be  then,  which  was  the  best  description  of  force. 

Mr.  President,  one  thing  is  very  eert.ain  thittwe  are  in  the  midst 
ol  one  of  the  most  remarkable  wars  ever  waged  since  the  creation 
ot  the  world,  in  every  step  of  which,  we.  the  victorious  party,  have 
he  d  out  the  olive  branch  to  the  enemy  ;'  and  vet  Senators  say,  not 
only  on  that  side  of  the  chamber,  but  on  this,  that  we  can  have 
peace  whenever  we  will  it.  The  Senator  of  Connecticut,  (Mr. 
NiLES,)  declared  this  to  be  his  belief,  but  failed,  in  my  judgment, 


to  bring  a  single  fact  in  support  of  it.  Do  the  facts  and  circuni-' 
stances  developed  in  the  progress  of  this  war  show  that  peace— an 
honorable  peace— is  within  our  control  ?  And  does  he  or  any  other 
Senator  doubt  the  smcerity  of  the  President,  and  of  his  friends, 
when  they  say  that  they  are  desirous  of  peace  on  honorable  terms, 
bringing  with  it  indemnity  and  security  ? 

Mr.  NILES.— The  idea  is  correct  in  part,  and  wrong  in  part. 
I  did  ncy  say  it  was  in  the  power  of  this  government ''to  make 
peace.  tT  said  it  was  in  the  power  of  this  government,  and  which 
they  ought  to  exercise,  at  the  proper  time,  to  put  an  end  to  hos- 
tilities. 

Mr.  BREESE.— Well,  sir,  that  .seems  to  mo  to  be  very  much 
the  same  thing.  Putting  an  end  to  hostilities  on  both  sides— for 
otherwise  there  could  be  no  end — and  jieace  results  as  a  neccssarv 
consequence  ;  and  therefore  it  follows,  that  it  is  in  the  power  «f 
our  government,  according  to  that  Senator,  to  make  a  peace.  But 
it  was  distinctly  avowed  by  the  Senator  of  Now  Jersey,  (Mr.  Mil. 
I.EK,)  that  it  was  in  our  power  to  make  a  peace  at  anv  time. 
Why,  sir,  we  could  not,  with  all  our  efforts,  prevent  war — we  sent 
a  minister  to  discuss  the  matters  in  difference  between  us  but  he 
could  not  be  heard — he  was  spurned,  ami  the  very  thourrht  of  the 
thing  produced  a  revolution,  and  a  deposition  of  the  then  President. 
After  our  most  brilliant  victories,  when  our  conquering  army  was 
at  the  gates  of  the  capital,  we  had  a  commissioner  wuh  it,  with 
full  powers  to  make  a  peace,  who  was  met  by  commissioners  on 
the  part  of  Mexico,  and  what  was  the  result  ?  Could  we  have 
done,  ought  we  to  have  done  more  than  wc  htive  ?  I  put  it  to  the 
Senator,  and  to  others  on  his  side  of  the  chamber,  to  say  if  thev 
would  have  concluded  a  peace  on  the  basis  proposed  by  'Mexico'? 
Would  they  have  accepted  the  Mexican  propositions,  'any  one  of 
them?  Would  they,  for  the  sake  of  peace,  disparage  their  country? 
Do  Senators  recollect  the  Mexican  propositions  of"the  6th  of  Sep- 
tember last  ?  What  do  they  say  to  the  twelfth  and  fourteenth 
articles  ?  If  I  understood  the  honorable  Senator  of  Maryland,  not 
now  in  his  seat,  (Mr.  Pearce,)  he  would  have  accepted  them'  but 
I  never  would,  and  I  doubt  very  much  if  there  is  a  respectable 
number  of  the  opposition  who  would.  Do  Senators  remember  the 
twelfth  article,  requiring  a  guarantee  from  us,  and  that  guarantee 
Great  Britain,  that  we  would  not.  at  any  time  hereafter,  no  matter 
how  necessary  it  might  be  for  our  security  or  welfare,  annex  any 
contiguous  territory  >.  And  that,  as  provided  in  the  fourteenth 
article,  we  should  indemnify  Mexico  for  all  the  injury  our  army  had 
inflicted  ?  And  with  the  further  stipulation,  and  me'ntioned  for  the 
first  time  in  the  history  of  this  controversy  in  Mexico,  that  tho 
Nueces  should  be  the  boundary  '. 

Now,  in  all  sincerity  I  )iut  it  to  Senators,  would  thev  consent  to 
dismember  Texas?  Would  they  acknowledge  a  line  as  a'boundary  to 
which  Mexico  had  never  mad'e  claim  ?  Recollect  that  her  preten- 
sions to  Texas  were,  and  always  have  been,  to  the  Sabine.  Would 
any  of  them  agree  that  we  should  so  degrade  ourselves  and  our 
country,  as  to  give  the  guarantee  of  Great  Britain,  that  we  would 
not  annex  to  our  confederacy  any  contiguous  territory  for  all  time 
to  come  ?  and  above  all,  that  we  should  indemnify  Mexico  for  all 
the  injuries  she  has  received  from  her  own  aggressive  acts  '  Let 
the  Senator  stand  forth  and  avow  it  i  If  "Senators  on  the  other 
side  are  sincere  however,  they  must  agree  to  the  last  propo- 
sition, for  if  the  war  is  unjust  as  thev  asseverate  it  is  we 
are  bound  to  make  full  reparation  to  'Mexico.  They  are'then 
bound,  if  they  are  sincere,  and  who  can  doubt  their  sincerity  to 
ifo  before  the  people  of  the  United  States  on  this,  as  one  of  the 
Issues  at  the  coming  fall  election.  They  assert  the  war  is  unjust  ; 
if  it  is,  must  you  not  on  the  restoration 'of  peace,  make  full  repa- 
ration ?  Is  not  this  a  well  established  principle  of  public  law  ? 
Do  not  Grotius  and  Vattel  and  all  other  publicists,  recognize 
this  priiiciple  ?  and  is  it  not  a  correct  one  ?  If  our  opponent's  are 
sincere  in  the  belief  so  often  expressed  here,  that  the  war  is  un- 
just, they  must,  in  theu:  cllbrt  to  obtain  the  g-overnment.  earrv  it 
out  to  its  consequences.  They  must  inscribe  it  on  theiV  banner 
for  the  approaching  campaign,  and  as  they  give  its  folds  to  the 
winds,  with  what  enthusiasm  and  delight  willlt  be  cheered  by  the 
people  as  its  inscriptions  meet  their  eye!  On  the  one  side,  "Gen- 
eral Taylor — the  People's  candidaie-^the  Hero  of  Palo  Alto  Re- 
saoa,  Monterey  and  Btiena  Vista."  On  the  other,  "Justit'e  to 
Mexico— $200,000,000  as  indemnity  to  her  ! !"  And,  sir  if  unfor- 
tunately they  do  get  into  power  and  negotiate  for  peace,'  how  can 
they  escape  the  demands  which  Mexico  will  make  for  indemnity 
based,  as  they  would  be,  on  their  own  admissions  that  tho  war  was 
unjust  to  her  ? 

Mr.  President,  at  the  outset  of  this  war.  and  in  its  first  year  it 
was  distinctly  avowed  by  the  Executive,  and  reiterated  by  his 
friends,  that  as  it  was  brought  upon  us  by  Mexico  he  had 
no  other  desire  in  waging  it,  than  an  honorable  peace, 'ineludinc 
indemnity  for  the  past  injuries  we  had  sustained  at  her  hands,  an^ 
such  security  against  future  aggressions,  as  Mexico  mi<rht  be  en- 
abled to  give.  And  is  it  unreasonable,  sir,  that  as  the  war  is  pro- 
tracted by  Mexico,  she  refusing  all  offers  of  accommodation,  that 
our  demands  should  rise  in  proportion  ?  In  my  own  opinion,  in  the 
view  I  have  taken  of  this  matter,  we  would  not  be  doing  justice  to 
our  own  country,  by  a  show  of  too  much  lenity  to  Mexico,  and 
that  sheer  justice  would  demand  from  her.  full  indemnity  also  for 
the  expenses  of  this  war  ;  and  in  her  peculiar  position,  she  not 
being  able  to  provide  any  other  indemnity,  that  the  cession  of  the 
sovereignty  and  jurisdiction  over  a  part  of  her  territory,  should  be 
insisted  upon  as  a  sine  qua  non  ;  for  I  believe  with  the  President, 
that  the  doeft-ine  of  no  territory,  which  was  broached  here  at  the 


284 


THE  TEN  REGIMENT  BILL. 


[Monday^ 


last  session,  and  found  so  many  advocates,  is  the  doctrine  of  no  in- 
demnity. In  territory  only  can  Mexico  make  reparation  lor  the 
past,  and  afford  secun'ly  for  her  future  good  behavior;  and  although 
we  are  stroni  as  a  nation,  yet  like  the  strong  m;in,  it  is  not  strange 
■w-e  should  desire  security  against  the  attack  of  lurking,  cowardly 
assassins.  Yet,  sir,  it  seems  to  be  doubted  by  some,  whether  the 
President  i.s  willing  to  accept  a  treaty  ceding  New  Mexico  and 
California  as  a  full  equivalent  for  indemnity,  and  as  alibrding  that 
security  he  demands.  I  suppo.-^e,  thouiih  i  do  not  know' it  Irom 
him,  that  he  vi-ould  accept  such  a  treaty',  if  he  thought  the  govern- 
ment of  Mexico  was  so  establislied  as  to  give  a  reasonable  assu- 
rance of  its  stability.  None  of  us  desire  war  for  the  sake  ol  it,  as 
peace  is  admitted  "to  be  Bur  true  policy  ;  but  on  what  terms  this 
shall  end.  there  is,  and  there  must  be,  great  diirerenee  of  opinion. 
Our  policy,  sir.  is,  emphatically,  peace  with  all  nations,  but  with 
none  at  the  sacrifice  of  our  national  honor,  the  dearest  possession 
of  a  nation.  Wo  have  never,  sir,  since  the  birth  of  our  nation, 
given  occasion  for  war.  not  even  with  the  barbarous  tribes  upon  our 
borders.  It  is  our  prido  to  be  able  to  say,  that  our  whole  history 
maybe  explored,  and  no  sinsle  act  of  national  injustice  can  be 
found  upon  its  page— no  blot  "of  that  kind  upon  our  national  es- 
cutcheon We,  sir.  would  have  never  disturbed  our  peaceful  rela- 
tions with  Mexico,  by  any  act  of  our  own;  she  has  brought  the  war 
upon  hcrsrlf,  under  a  delusion  that  one  of  our  sister  States  belonged 
to  Iter;  and  resolving  to  possess  it  by  force  of  arms,  and  refusing  to 
hear  our  minister  upon  the  matters  in  dispute,  .sought  to  end  them 
by  the  sword  ;  and  as  sh:  has  appealed  to  that  dread  arbiter,  she 
must  abide  its  fortune.  But  war,  sir.  it  is  said,  is  so  full  of  evil, 
that  it  oueht  to  be  terminated  at  the  earliest  moment,  some  Sena- 
tors believing  ihat  the  glory  we  have  gained  by  it,  is  sutlicient  in- 
demnity for  all  our  wrongs,  and  others  deprecating  any  further 
advance  of  our  army,  as  likely  to  bring  about  tlie  result  alluded  to 
in  the  resolutions  of  the  honorable  Senator  from  South  Carolina, 
(Mr.  C.1LH0UN.)  and  which  he  deprecates  so  much.  It  is  true, 
sir,  war  is  an  evil — a  great  evil,  but  it  has  also  its  advantages, 
and  though  the  land  may  bo,  for  a  time,  crushed  by  its  armed  heel, 
it  is  but  preparing  it  for  the  reception  of  that  seed  whose  fruit  is 
oommerce,  science,  the  arts,  and  the  highest  and  purest  forms  of 
civilization.  Alexander,  in  opening  Persia  and  India  by  his  sword, 
to  the  commerce  of  Greece,  founded  more  cities  than  he  conquered; 
and  the  world's  whole  history  since,  shows,  most  clearly,  that  its 
permanent  benefits  lar  oulwiigh  its  transitory  evils.  The  roads 
traced  by  the  soldiery  are  soon  followed  by  the  merchant,  greatly 
facilitating  the  commerce  of  ideas— favoring  the  sympathies  of  na- 
tions, and  in  the  end  will  fraternize  the  whole  human  race.  It  is 
one  of  the  great  instruments  of  God's  providence,  by  which  to  ac- 
complish such  grand  results;  and  can  any  Senator  doubt  that  this 
most  remarkable  war,  will  not  greatly  redound  to  the  advantage 
of  Mexico,  secm-ing  to  her  in  the  end,  every  blessing  we  so  abun- 
dantly enjoy  ? 

It  has  been  a  war  waged  thus  far,  not  against  the  people  of 
Mexico,  but  emphatically,  against  the  army  alone,  with  a  view 
only  to  its  destruction,  anil  upon  principles  of  the  most  enlighten- 
ed humanity.  Not  one  single  act  of  oppression  or  injustice,  has 
been  committed  by  us — our  path,  as  we  have  strode  from  victory  to 
victory,  has  not  been  lightetf  by  the  flames  of  their  dwellings,  their 
defenceless  women  and  children  given  to  the  sword,  nor  their  cities 
sacked,  nor  churches  defiled,  nor  fields  laid  waste.  Xhougli  we 
have  been  terrible  to  the  combatant,  wc  have  been  generous  to 
him  when  vanquished,  never  forgetting,  in  the  midst  of  the  ex- 
citement, that  the  fairest  chaplct  victory  wears,  is  that  which 
mercy  twines.  These,  sir,  is  what  make  it  a  most  extraordinury 
war,  and  tho  faithful  historian,  as  he  writes  its  varied  and  stirring 
events,  will  dwell  with  jieculiar  pleasure  and  pride  on  this,  its 
bright  and  most  distinguishing  feature.  So  humane  and  generons 
has  hren  our  conduct,  that  the  people  of  Mexico,  those  who  have 
most  suffered  by  the  oppression  of  the  military  tyrants,  regard  our 
armies,  rather  .as  bonel'actors,  than  as  enemies,  and  if  account.s 
can  be  relied  on,  arc  utterly  opposed  ti- their  withdrawal.  This  has 
been  the  fruit  of  our  policy  adopted  at  the  outset,  for  early  in  June, 
1846,  our  general  in  command,  issued  a  proclamation,  prepared  at 
the  War  Department  here,  in  which  the  people  of  Mexico  were  as- 
sured that  the  war  should  not  be  waged  against  such  of  them  as  re- 
mained neutral,  but  against  tho  army,  and  the  arbitrary  rulers. 
They  were  reminded,  that  their  government  was  in  the  hands  of 
tyrants  and  usurpers  who  had  abslished  the  State  governments 
cv>rthrowa  the  federal  eonstituiion,  deprived  their  people  of  the 
right  of  suffrage,  destroyed  the  liberty  of  tho  press,  despoiled  them 
of  their  arms,  mid  reduced  them  to' a  state  of  absolute  depend- 
ence upon  the  power  of  a  military  dictator.  They  were  reminded 
t>o,  that  the  army  and  rulers  extorted  from  them,' by  grievous  tax- 
ation, by  forced  loans,  and  military  seizures,  the  money-  which  sus- 
tained the  usurper  in  power,  and  were  told  that  we  came  to  obtain 
reparation  for  the  repeated  wrongs  and  injuries,  those  rulers  had 
done  to  us — that  we  came  to  obtain  indemnity  fur  the  past,  and  se- 
curity for  the  future,  and  to  overthrow  the  tyrants  who' had  de- 
stroyed their  liberties,  but  to  make  no  war  upon  the  peoi)lo  of  Mex- 
ho,  nor  upon  any  form  of  government,  they  might  choose  to  select 
for  themselves.  They  were  promised,  too,  that  their  reli"-ion 
their  altars,  and  churches,  the  property  of  their  churches,  antT  cit- 
izens, tho  emblems  of  their  faith,  and  'its  ministers,  should  be  pro- 
t.!cted  and  remain  inviolate.  They  wore  assured  that  wc  came 
amonjj  them  as  friends,  and  as  republican  brethren,  and  a  plcd<re 
■was  given  to  them,  that  whilst  wo  were  compelled  to  treat  as  eife- 
raies,  and  overthrow,  those  tyrants,  who,  whilst  they  had  wronged 
uid  insulted  ns,  had   deprived   them  of  their  liberties,  the  people 


themselves,  who  remained  neutral  during  the  contest,  should  be 
protected  against  them  by  our  army. 

Now,  sir,  upon  the  proposition  to  withdraw  the  force  we  now 
have  there,  instead  of  augmenting  it,  either  with  or  without  a 
treaty,  must  not  these  pledges  to  the  Mexican  people  be  regarded? 
AVe  know  the  effi"ect  they  have  had  upon  them — we  know  that  the 
better  portion  of  them  have  offered  no  resistance  to  our  advanee — 
that  they  have  supplied  provisions  to  our  troops  and  guiiies,  and 
means  of  transportation,  and  some  have  accepted  office  from  our 
military  governors;  in  short,  they  have  extended  to  us  every  assis- 
tance in  their  power.  Would  it  then  be  just  to  them  to  withdraw 
our  protection  from  them — sufTer  their  tyrants  and  oppressors 
again  to  return  to  power,  and  they  become,  as  they  certainly 
would,  a  sacrifice  to  their  friendship  for  us?  But,  Senators  say, 
it  would  be  magnanimous  to  withdraw — to  prosecute  the  war  no 
further,  as  Mexico  lies  prostrate  at  our  feet,  without  the  power  of 
further  resistance. 

I  think,  sir,  that  neither  the  honorable  Senator  of  Tennessee, 
(Mr.  Bell,)  in  the  very  able  speech  he  delivered,  and  who  gave 
it  as  his  advice  that  we  should  make  the  best  peace  we  could,  and 
ffee  the  countrv,  nor  the  flistinguished  Senator  of  South  Caro- 
lina, (Mr.  Calhoun,)  in  his  proposition  to  leave  iho  central 
parts  of  Mexico,  and  retire  to  an  indemniiy  line,  could  have  recol- 
lected these  pledges,  or  duly  (considered  the  obligations  we  are  un- 
dei  arising  out  of  them.  It  seems  to  me,  it  would  be  the  height 
of  injustice  to  leave  these  people,  whom  we  have  allured  to  our 
support,  a  prey  to  those  tyrants  who  must  succeed  our  power, 
aud  whose  revenge  can  only  be  satiated  by  the  blood  of  ti'Osc  our 
absence  will  leave  defenceless.  We  owe  that  protection  to  them 
we  have  promised .  and  any  treaty  we  may  make  with  that  govern- 
ment, should  contain  a  stipulation  for  it,  as  nothing  short  of  this 
would  bo  just. 

As  I  remarked  on  another  occasion,  sir,  retiring  to  a  line,  in  the 
event  of  a  refusal  to  treat  or  in  any  event ,  would  not  end  thewar — it 
would  make  it  interminable,  be  quite  as  expensive  as  a  more  vi- 
gorous policy,  and  be  the  very  cour.se  the  military  rulers  of  Mex- 
ico would  most  desire  we  should  adopt,  for  it  necessarily  retains 
them  in  power,  aud  more  than  all,  it  would  be  an  invitation  to  any 
European  power,  (and  it  is  thought  one  or  more  of  them  have  do- 
signs  of  this  nature,)  to  lake  possession  of  that  part  we  abandon. 
involving  us  perhaps,  at  some  luture  time,  in  a  bloody  and  destruo- 
live  war  with  them.  Our  withdrawal  would  be  a  proclamation  to 
them,  that  in  assuming  our  line,  we  abandon  all  claim  to  any  part 
of  Mexico  south  of  it,  and  they  would  not  be  slow  I  think,  sir,  to 
profit  by  our  folly.  But,  sir,  what  prospect  is  there  of  a  treaty  ? 
Have  we  any  certain  knowledge  of  the  existence  of  any  govern- 
ment in  Mexico,  possessing  such  a  share  of  public  confidence  and 
so  organized  as  to  make  one  that  will  be  observed  '.  As  at  present 
advised,  with  the  knowledge  I  have,  of  the  condition  of  affairs 
there,  I  should  place  but  little  value  upon  any  treaty  that  might 
be  patched  up,  and  I  would  regard  it  as  a  most  unforlunate  event, 
if  one  was  entered  into,  which  should  stipulate  as  a  concurrent  act, 
for  the  withdrawal  of  our  troops  from  the  interior  and  the  city. 
Sir,  the  whole  history  of  that  country  admonishes  us  to  be  cautious 
in  our  intercourse  with  it,  and  to  run  no  hazard  which  we  have  the 
power  to  avoid.  Sir,  if  a  President  could  be  deposed  merely  for 
consenting  to  receive  a  minister  from  this  government  preparatory 
to  a  treaty,  what  may  we  not  expect  will  be  the  fate  of  him,  who 
shall  make  a  treaty  at  all  favorable  to  us,  and  our  protection 
withdrawn.  If  it  is  not  acceptable  to  the  military  chieftains  and  the 
clergy,  a  pronnndamcnto  will  follow — then  the  grito — then  the 
march  to  the  capital,  and  the  reins  of  government  forcibly  assumed. 
The  functionaries  who  have  negotiated  the  Ireaty,  will  become 
fugitives  from  their  country,  and  scenes  of  butchery  and  violence  m 
quick  succession,  and  with  aggravated  horror,  will  be  again 
enacted. 

I  do  not  believe,  sir,  that  any  good  could  result,  but  much  evil, 
from  anv  treaty  we  might  now  be  able  to  make.  I  have  no  confi- 
dence that  it  would  be  observed  a  day,  and  if  not,  the  wol-k  wo 
have  accomplished,  would  have  to  be  renewed,  more  blood  spdt 
and  more  treasure  expended,  to  restore  ns  to  the  favorable  posi- 
tion we  now  occupy.  Any  authority  now  existing  in  Mexico  is 
but  the  bubble  of  the  moment,  whicji  tho  first  breath  of  popular 
olamonr  will  suddenly  destroy. 

There  is,  .sir,  another  difficulty  in  the  way,  which  deserves  some 
notice.  There  is  a  strong  party  in  Mexico,  called  the  puros  or 
republicans,  who  are  determined,  if  my  information  is  correct,  iha> 
there  shall  bo  no  peace  with  us  if  they  can  prevent  it,  and  they  are 
active,  intelligent,  and  united.  They  see  in  this  war,  the  approach- 
ing realization  of  their  fondest  hopes — the  enjoyment  of  tliat  lib- 
erty of  thought,  speech,  and  the  press,  for  which  they  have  so  long 
struggled,  and  which  can  only  be  secured  by  our  dominion.  For 
this  blessing  they  are  ready  and  anxious  to  surrender  their  nation- 
ality— to  merge  it  in  our  own,  and  thus  relieve  themselves  from 
oppression,  frmu  tyrannical  exactions,  from  plunder,  and  from  all 
those  accumulated  ills  their  miserable  government  of  misrule  has 
enforced  and  encouraged.  They  see,  in  our  advance,  tho  dawn- 
ings  of  a  brighter  day  for  them  and  their  children,  and  in  glad  an- 
ticipation behold  our  azure  studded  with  their  stars.  They  see  no 
refuge  but  in  our  free  institutions,  no  shield  but  our  power,  and  de- 
sire no  nationality  but  that  which  an  union  with  us  will  give  them. 
This  party,  sir,  may  submit  for  a  time,  but  will  not  agree,  and  if 
they  obtain  power,  true  to  their  original  design,  they  will  become 
embroiled  with  us  to  effectuate  it.  They  have  always  been,  and 
are  now,  tho  most  clamorous  for  war,  and  will  oppose  any  accom- 
modation, which   withdraws  our   army;  for   its   continuance   there 


February  14.] 


THE  TEN  REGIMENT  BILL 


285 


they  believe,  and  I  believe,  will  produce  the  result  they  desire. 
And  this,  sir,  is  the  opinion  of  the  distinguished' Senator  of  South 
Carolina  (Mr.  C.\lhoun,)  as  I  gather  from  his  speech  nn  the  res- 
olutions he  has  introduced,  and  discussed  with  such  great  abiliiy.  Ho 
deprecates  a  lino  of  policy  which  shall  result  in  conquering  Mexi-  ' 
CO,  with  a  view  to  incorporate  it  into  this  Union  or  to  hold  it  as  a 
province,  and  maintains  that  it  would  not  only  be  inconsistent  with 
the  avowed  obji'cts  for  which  the  war  has  been  prosecuted — but  a  de- 
iiarture  from  the  settled  policy  of  tho  government;  in  conflict  with 
Its  character  and  genius;  and  in  the  end  subversive  of  our  free  and 
popular  institutions. 

The  avowed  objects  of  the  war  which  we  declared  to  exist  by 
the  act  of  Mexico,  was  to  obtain  redress  of  wrongs,  a  permanent 
and  honorable  peace,  and  indemnity  for  the  past  and  security  for 
the  future;  and,  if  they  cannot  be  obtained  in  any  other  way  than 
by  the  conquest  of  Mexico,  and  incorporating  it  into  the  Union  or 
holding  it  as  a  province,  such  a  result  would  be  in  harmony  with 
those  objects.  Nor  would  it  be  contrary  to  the  spirit  and  genius 
of  our  government,  nor  against  its  settled  policv  to  conquer,  in  a 
defensive  war,  any  country  and  annex  it,  which  might  bo  thought, 
from  its  contiguity,  to  be  necessary  to  our  own  safety.  The 
power  "to  declare  war,"  carries  with  it  all  its  consequences,  of 
which  territorial  conquest  is  one,  and  our  policy  in  1812, 
was  to  conquer  Canada,  and  if  we  had  been  successful,  after  hav- 
ing made  the  most  strenuous  efforts  to  that  end,  and  on  the 
return  of  peace,  it  had  been  relinquished  to  us,  no  doubt  it 
would'have  been  annexed  to  u.s,  and  I  think  the  day  is  not  distant 
when  that  event  shall  transpire.  How  the  annexation  of  Mexico 
to  our  union,  would  tend  to  subvert  our  free  institutions,  I  cannot  dis- 
cover. The  argument  ofihe  Senator  on  that  point  has  failed  to  con- 
vince me.  I  have  taken  a  different  view  of  the  people  of  that  country, 
and  I  think  I  see  in  them  attributes  and  elements  quite  susceptible, 
by  proper  appliances,  of  high  improvement.  Could  they  be  brought 
under  the  happy  influences  of  such  a  government  as  our  own,  hav- 
ing all  their  rights,  civil  and  religious,  protected,  what  might  wo 
not  hope  from  them  ?  The  Indian  population  numbering  about  four 
millions,  are  reputed  to  be  very  gentle  and  quiet  in  their  disposi- 
tions, apt  to  learn,  and  willing  to  improve,  and  if  not  possessed  of 
all  the  manlier  vn-tues,  have  at  least  those  which  fully  ensure  their 
cheerful  acquiescence  to  our  control,  and  rapid  advancement  under 
it.  Take  the  population  as  a  whole,  and  there  is  not  a  finer  peo. 
pie  on  the  globe,  or  one  more  capable  of  advancement  in  the  arts 
and  sciences,  and  of  assuming  all  the  forms  of  the  highest  civiliza- 
tion. They  came  out  of  their  revolution  with  a  repufUion  only  ex- 
celled by  our  own,  and  with  the  same  advantages  we  have  pos- 
sessed, who  can  say  they  would  not  now  rival  us  in  all  that  con- 
tributes to  national  renown  ?  But  the  Senator  says,  no  instance 
can  be  found  of  any  race,  save  the  Caucasian,  which  has  estab- 
lished and  enjoyed  self-government  and  free  institutions;  but  he 
does  not  say  no  other  race  can  be  prepared  for  it.  All  other 
races  have  always  been  oppressed — are  generally  ignorant — have 
no  just  appreciaiion  of  liberty,  and  are  for  the  most  part  unci\ilized. 
I  do  not  suppose,  sir,  the  Mexicans  are  at  this  time  fitted  for  an 
equal  union  with  us;  and  much  is  to  be  done  before  they  will  be.  Bv 
the  infusion  of  our  own  population  among  them,  and  they  are  now 
therein  great  numbers,  according  to  the  Senator  of  Delaware, 
(Mr.  Ci.AYTON,)  together  with  emigrants  from  Europe,  who  will 
not  be  slow  to  avail  themselves  of  the  unsurpassed  advantages 
such  a  country  enjoys,  a  gradual  change  in  their  manners,  cus- 
toms, and  language,  will  ensue.  Education  will  be  diffused  among 
the  masses — speech,  the  press,  and  religion  will  be  free,  and  high 
opinions  of  themselves  speedily  generated;  and  considering  the  ra- 
pidity of  past  events,  the  aids  to  knowledge  and  for  its  rapid 
spread  which  the  world  now  possess,  the  period  of  their  pupil- 
age will  be  of  short  duration.  Sir,  it  lias  been  alike  our  pride  and 
boast,  that  our  institutions  were  better  calculated  to  elevate 
the  masses,  than  any  others  which  have  yet  existed;  and  we 
fee!  it  to  be  true,  and  it  cannot  bo  that  it  is  the  decree  of 
Heaven,  that  none  but  the  while  race  shall  enjoy  them.  It 
has  been  the  abiding  hope  of  the  philanthropist,  that  in  God's 
good  time  all  nations  should  enjoy  them,  and  the  down  trodden 
millions  of  both  hemispheres  be  exalted  by  their  agency.  There 
is  nothing,  sir,  in  the  history  of  that  beautiful  coimtry,  or  in  the 
character  of  its  people,  to  discourage  the  belief  that  they  can,  in 
a  very  short  time,  be  brought  to  a  condition  qualifying  them  for 
admission  into  this  great  American  family,  adornmg  and  streiiuth- 
ening  it  by  a  commingling  and  full  development  ofliU  those  grand 
and  mighty  elements  they  possess,  and  thus  fulfil  her  own  aiid  our 
happy  destiny.  And,  sir,  it  is  the  fervent  wish  and  hope  of  her 
most  eminent  citizens  and  patriots,  that  this  war  may  accelerate 
it — and  if  "coming  events  cast  their  shadows  before,"  may  it  not 
be  regarded  as  its  certain  precursor  ?  In  my  musings  upon  this  sub- 
ject, Mr.  President,  I  have  been  cheered  by  the  hope  that  if  I  did  not, 
ray  children  would  live  to  see  that  day  when  our  institutions  shall 
extend  over  the  whole  of  this  portion  of  our  continent,  all  to  be 
bound  by  one  common  ligament,  and  all  to  run  one  common  career 
of  honor,  happiness  and  renown.  And,  sir.  why  should  we  be 
alarmed  st  tins  contemplation  ?  History,  it  is  said,  admonishes  us 
that  extension  ol  dominion  by  territorial  acquisition  proved  the 
downfall  ol  the  ancient  republics;  but,  sir,  were  thev  fashioned 
like  ours?  Were  they  not,  from  their  very  nature,  incapable  of 
extension?  And  is  there  no  difference  of  condition  between  us  and 
them  ?  They  had  not  the  press,  nor  the  compass,  nor  the  steam 
engine,  none  ol  those  great  instrumentalities  which  wielded  bv 
fraemen,  are  to  revolutionize  the  world.  They  worshipped  liberty 
and  sacrificed  to  her  as  to  an  idol.     We  regard  her  as  an  active, 


moving  spirit,  penetrating  all  the  avenues  of  life,  and  cheering  and 
stimulating  man  in  his  progress.  Sir,  our  liberty  can  be  preserved 
only  by  progress.  Being  stationary  we  stagnate,  and  in  that  con- 
dition the  fl.ame  will  expire.  It  is  by  action  alone— by  ceaseless, 
constant  action — we  can  preserve  it.  Let  us  expand  to  our  true 
and  proper  dimensions,  and  our  liberty  will  be  eternal  ;  for,  in  the 
process,  it  will  increase  in  strcngih,  and  the  flame  srow  brichter 
whilst  it  lights  a  more  extensive  Held,  Does  any  Senator  believe 
our  attaelffnent  to  liberty  would  have  been  any  stron;rcr  than  it  is 
now,  or  that  we  would  liave  been  more  powerful  and  happy,  had 
our  confederacy  been  confined  within  the  Atlantic  coast  aiid  the 
range  of  the  Alleganics  ?  Would  any  one  of  them,  willingly,  re- 
store to  their  former  owners,  Louisiana,  Florida  and  Texas,  or 
.surrender  either  without  a  deathly  struggle  ?  I  apprehend  not. 
Our  history  shows  thus  far,  that  there  is  no  dancer  in  our  exten- 
sion. Our  form  of  government  is  peculiarly  fitted  for  this — it  has 
a  peculiar  aptitude  for  expansion,  a  principle  which  no  other  go- 
vernment ever  did  possess,  and  it  is  one  of  its  great  excellencies. 
Will  any  Senator  deny  that  the  new  States  have  contributed  new 
vigor  to  our  system,  and  increased  strength  to  our  circle  ^  Have 
any  symptoms  of  disaffection  to  the  Union  been  observed  in  any  of 
them  ?  Has  any  spirit  of  insubordination  or  of  restlessness  under 
the  ties  which  bind  them,  ever  been  manilested  by  any  of  them? 
No,  sir,  it  is  not  in  them,  where  man  enjoys  the  largest  liberty, 
only  restrained  by  laws  he  makes  himself,  that  emeutes,  riots  and 
rebellions  occur,  but  it  is  among  a  crowded  population,  in  pent  up 
masses,  easily  excited  by  collision,  with  no  extended  field  of  action 
to  arouse  their  energies,  and  no  attainable  objects  before  them  to 
guide  them  aright. 

Let  but  Congress — the  general  government  for  all  the  States — 
confine  itself  to  its  own  proper  functions,  each  State  exercising  its 
own  undoubted  powers,  within  its  own  limits,  managing  its  own 
legitimate  concerns,  in  its  own  way,  without  the  unauthorized  in- 
terference of  Congress,  no  reason  can  be  given  why  our  Union 
should  not  be  co-extensive  with  this  portion  of  the  American  conti- 
nent. We  want  no  rival  republics  here,  for  they  may  become  ini- 
mical, rendering  it  necessary  to  maintain  standing  armies  to  de- 
fend against  their  aggressions.  If  all  was  united  in  one  harmoni. 
ous  whole,  .such  defences  would  not  be  required. 

By  the  agency  of  steam  operating  upon  the  boat — the  rail  road 
car  and  the  press,  combined  with  that  great  American  invention — 
the  greatest  of  ihe  age  and  of  the  world — the  magnetic  telegraph, 
which  can  literally  almost, 

".Waft  a  sigh  from  Indus  to  tlie  pole," 

we  will  be  more  compact,  and  in  more  constant  and  harmonious 
intercourse  than  the  old  thirteen  States  were,  at  the  period  of  the 
adoption  of  our  constitution.  With  the  scat  of  the  common  or  frene- 
ral  government  at  some  central  point,  with  railroads  and  tele- 
graphs radiating  from  it,  as  from  the  centre  of  a  circle  to  its  cir- 
cumference, and  with  the  press  as  free  as  the  air  of  heaven,  it 
matters  not  how  large  the  number  of  States  may  be. 

But  it  is  said,  sir,  this  war  is  bringing  the  nation  into  debt,  and 
the  farther  we  advance,  the  more  will  it  be  augmented,  and  the 
greater  burden  do  wo  throw  upon  those  who  come  after  us.  To 
be  sure,  sir,  all  wars  create  debts.  .The  expenses  of  a  war  are 
not  expected  to  be  borne  by  the  ordinary  revenues  of  peace,  but  by 
borrowing  money,  and  if  we  cannot  replace  it  in  our  generation, 
the  one  which  succeeds  us  must  do  so.  Arguments  of  this  kind 
weigh  equally  strong  against  every  effort  at  national  defence,  and 
if  yielded  to,  will  |ilaee  our  nation  at  the  mercy  of  its  foes.  If  we 
do  create  a  large  debt  of  one  hundred  millions,  over  and  above 
our  revenues,  for  posterity  to  pay,  we  will  leave  them  increased 
means  with  which  to  pay  it.  What  is  such  a  debt  to  us,  or  to 
them?  If  the  calculations  of  the  Secretary  of  the  Treasury  are 
correct,  and  I  believe  they  are,  and  the  present  tariff  is  not  inter- 
fered with,  we  will  have  in  less  than  ten  years,  quite  fifty  millions 
of  dollars  annually,  from  duties  alone,  to  say  nothiii"-  of  the 
receipts  from  the  public  lands,  the  receipts  from  which,  this  fiscal 
year,  will  fully  equal  his  expectations,  and  if  a  proper  graduation 
and  pre-emption  law  is  enacted,  will  be  greatly  augmented.  Redu- 
cing, after  the  war,  our  expences  to  twenty  or  twenty-five  millions 
annually,  we  may  have  a  large  sinking  fund,  bv  which,  in  less  than 
ten  years,  the  whole  debt  will  be  paid  off.  Our  credit  was 
never  in  a  better  condition  than  it  now  is,  and  promises  to  continue 
to  be.  Our  six  per  cent  stocks  are  above  par,  and  if  we  enter  the 
market  for  more  money,  we  will  find  the  loanable  capital  so  far 
from  being  exhausted,  at  our  command  in  abundance.  The  debt 
of  the  last  war  amounting  to  more  than  a  hundred  and  fifty  mil- 
ions  of  dollars,  was  soon  discharged,  without  affecting  injuriously 
any  of  the  great  interests  of  the  country;  and  so  will  this  be. 

In  this  view,  sir.  the  acquisition  of  Mexico,  with  its  unparrallel 
powers  of  production,  yielding  every  article  of  luxury  and  necessi- 
ty, save  one,  that  ministers  to  the  wants  or  pride  of' man — whose 
revenues  can  be  made,  under  wholesome  laws,  and  with  proper 
management,  to  produce  annually,  one  hundred  millions  of  dollars, 
and  with  mineral  wealth  from  which  the  world  now  draws  a  great 
part  q^  its  supply,  and  those  resources  to  be  further  developed  by 
our  enterprize  and  skill,  what  can  we  not  expect,  when  time  shall 
have  performed  upon  her  its  gentle  yet  potent  and  effective  office  ? 

As  I  believe,  sir,  there  are  but  two  alternatives,  either  to  flee  the 
country,  or  to  hold  on  to  our  acquisitions,  the  result  of  which  may 
be  the  final  absorption  of  Mexico,  I  have  not  hesitated  to  declare 
for  the  latter,  being  well  satisfied  that  great  ultimate  good  to  us, 
to  her  and  to  humanity,  is  to  flow  from  it. 

The  honorable  Senator  from  South  Carolina   (Mr.  Calhoun,) 


286                                                     THE  TEN  REGIMENT  BILL.  [Monday, 

has  said     sir     that  Mexico    is   to  us.    as  a   dead  body,  and    is  Mr.  UPHAM  took  the  floor  with  a  view  of  addressing  the  Se- 

anxious  to  cut   the  cord    that   binds  us   to   the   corpse.     Sir,    I  natc  to-morrow. 

prefer    taking   her   to  our   side,   and  imparting    to  her    some  of  e.xecctive  session. 

our  own  vitality,  and  with  her  lair  proportions  and   most  beautiliU 

developements,  bv  its  magic  influence,  she  will  start  again  into  life  The   Senate  proceeded  to  the  consideration  of  Executive  busi- 

and  being.     If  she  be  dead— if  the  light   is  out— wc   have  "the  .noss,  and  after  sometime  spent  therein, 

Promethean  heat  tliat  can  that  light  relume."  On  motion, 

Having  made,  sir.  these  desultory  remarks,  I  will  now  conclude,  t,.      „                ,.            , 

by  thanking  the  Senate  for  their  patient  and  polite  attention.  Ihe  Senate  adjourned. 


1^ 


Febrdary  15.] 


PETITIONS— PRIVATE  BILLS,  ETC. 


287 


TUESDAY,  FEBRUARY  15,  1848. 


CREDENTIALS. 

Mr.  FOOTE  presented  the  credentials  of  tlie  Hon.  Jeffebson 
Davis,  elected  a  Senator  of  the  United  States,  from  the  State  of 
Mississippi,  to  fill  the  vacancy  occasioned  by  the  decease  of  the 
Hon.  Jesse  Speight;  which  were  read. 

Mr.  DAVIS  having  taken  the  oath  prescribed  by  law,  resumed 
bis  seat  in  the  Senate. 

message  from  the  house. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  clerk  : 

Mr,  President :  The  Speaker  of  llie  House  of  Representatives  having  sicnert  two 
enrolled  bills,  I  am  directed  to  lirmg  tliein  to  the  Senate  Tot  the  signature  ol  their 
President. 

petitions. 

Mr.  JOHNSON,  of  Maryland,  presented  the  petition  of  Mary 
Cassin,  widow  of  a  deceased  naval  officer,  praying  a  renewal  ot 
her  pension;  which  was  referred  to  the  Committee  on  Pensions. 

Mr.  UNDERWOOD  presented  a  inemorial  of  the  Board  of 
Tratle  of  the  city  of  Wheeling,  praying  certain  amendments  to  the 
act  of  July  7th,  1838,  to  provide  for  the  better  security  of  the  lives 
of  passengers  on  board  of  vessels  propelled  by  steam;  and  moved 
its  reference  to  the  Committee  on  Patents  and  the  Patent  Office. 

Mr.  WESTCOTT  observed  that  at  an  early  day  of  the  session 
he  had  introduced  a  resolution  which  was  adopted  by  the  Senate, 
requesting  the  Commissioner  of  Patents  to  obtain  information  and 
report  it  to  Congress  as  to  the  explosions  of  steam  boilers,  with  a 
view  to  further  legislation  to  prevent  them;  and  he  would  suggest 
that  this  memorial  be  also  referred  to  the  Commissioner,  who  would 
probably  report  in  a  few  days. 

Mr.  UNDERWOOD  said  that  if  there  was  any  prospect  of  an 
immediate  report  on  the  subject  he  had  no  objection  to  the  refer- 
ence .suggested  by  the  Senator  from  Florida.  He  was  somewhat 
desirous,  however,  that  the  subject  should  be  placed  in  the  hands 
of  some  committee  of  the  Senate  in  order  tliat  it  inight  receive  the 
action  of  the  body  during  the  present  session  if  practicable.  In  his 
opinion  the  laws  on  the  subject  required  soine  atnendment.  It  was 
a  matter  of  deep  interest  to  the  people  on  the  western  waters. 

Mr.  DAVIS,  of  Massachusetts,  remarked  that  in  his  judgment 
the  appropriate  reference  would  be  to  the  Committee  on  Com- 
merce. Early  in  the  session  a  resolution  was  referred  to  that 
committee,  who  were  instructed  to  make  inquiries  whether  any  ftir- 
;her  legislation  was  necessary  for  the  protection  of  life  on  board 
steam  vessels.  That  resolution  had  been  for  some  time  in  the 
hands  of  the  committee.  The  subject  had  been  submitted  to  inves- 
tigation,  and,  as  he  had  been  informed,  many  facts  had  been  accu- 
mulated by  that  committee  in  relation  to  it.  They  were  at  present 
maturing  a  report;  and  had  it  under  consideration,  whether  it  would 
not  be  expedient  to  submit  a  bill  making  further  provisions  for  the 
safety  of  passengers  and  others  navigating  steamers  and  other  ves- 
sels. He  had,  himself,  in  his  possession,  some  important  communica- 
tions on  the  subject,  which  he  did  not  deem  it  necessary  to  pass 
through  tiie  Senate,  but  should  lay  them  before  the  committee. 
He  thought  that  this  memorial  had  better  take  that  direction.  The 
report  of  the  Commissioner  of  Patents,  which  would  doubtless  be 
interesting  and  valuable,  could  also  be  referred  to  the  committee 
having  charge  of  the  whole  subject. 

Mr.  WESTCOTT  inquired  whether  the  Senator  was  not  mis- 
taken in  supposing  that  this  subject  bad  been  placed  in  charge  cf 
the  Committee  of  Commerce  of  the  Senate? 

Mr.  DAVIS  replied  that  it  had  been  referred  to  that  Committee 
under  a  resolution  of  the  Senate. 

Mr.  WESTCOTT  then  said  that  he  had  no  objection  to  the 
reference. 

Mr.  UNDERWOOD  also  acquiescing,  the  reference  to  tho 
Committee  on  Commerce  was  ordered. 

Mr.  SEVIER  presented  a  memorial  of  Robert  Mills,  respecting 
a  new  route  to  the  Pacific  Ocean,  with  a  plan  for  the  transportti- 
tion  of  despatches  to  Astoria  in  fifteen  days;  which  was  referred 
t»  the  Coramittde  on  the  Library  and  ordered  to  be  printed. 

Mr.  BREESE  presented  the  petition  of  Polly  Taylor,  widow 
of  a  revolutionary  soldier,  praying  to  be  allowed  a  pension;  which 
was  referred  to  the  Committee  on  Pensions. 

Also,  two  petitions  of  citizens  of  Illinois,  praying  a  »rant  to  the 
State  of  Illinois,  of  the  right  of  way  over,  and  a  donation  of  public 


land  for  constructing  a  railroad  to  connect  the  waters  of  the  Up- 
per and  Lower  Mississippi  with  the  Northern  Lakes;  which,  (a 
bill  having  been  reported  for  that  object,)  were  laid  upon  the 
table. 

Mr.  DAVIS,  of  Mississippi,  submitted  a  document  in  relation 
to  the  pay  and  emoluments  of  Military  Storekeeper-!  in  the  army; 
which  was  referred  to  the  Committee  on  Military  Afl:airs. 

Mr.  HANNEGAN  submitted  documents  relating  to  the  claim 
of  the  heirs  of  John  T.  Douglass,  deceased,  assignee  of  John  E. 
Metcalf  and  others,  to  the  right  of  pre-emption  to  certain  lands  in 
Indiana;  which,  with  the  documents  on  the  files  of  the  Senate,  re- 
lating thereto,  were  referred  to  the  , Committee  on  Public  Lands. 

Mr.  CAMERON  presented  a  petition  of  inhabitants  of  Pennsyl- 
vania, praying  the  adoption  of  measures  for  abolishing  slavery 
throughout  the  United  Slates  ;  the  motion  to  receive  which  was 
laid  upon  the  table. 

Also,  the  petition  of  James  Harlcy,  praying  an  extension  of  his 
patent  for  an  improvement  in  the  mode  of  casting  chilled  rollers  ; 
which  was  referred  to  the  Committee  on  Patents  and  the  Patent 
Office. 

Mr.  BAGBY  presented  a  memorial  of  the  Legislature  of  the 
State  of  Alabama,  praying  that  an  equivalent  in  land  scrip  or  mo- 
nev  may  be  granted  to  thait  State  for  such  of  the  school  lands  with- 
in her  limits  as  maybe  ascertained  to  be  unfit  for  cultivation; 
which  was  referied  to  the  Committee  on  Public  Lands. 

Also,  the  petition  of  T.  L.  Smith,  praying  an  amendment  of 
the  constitution  in  relation  to  the  election  of  President  and  Vice 
President ;  which  was  laid  upon  the  table. 

HOUDOn's    bust    of    WASHINGTON. 

Mr.  DIX  submitted  the  following  resolution,  which  was  con- 
sidered, by  unanimous  consent,  and  agreed  to  : 

Resolved,  That  the  Comniiltee  on  the  Library  be  instrticted  to  inquire  into  tho  ex 
nediencv  of'purrhasing  a  marhle  bust  of  Washington,  by  Houdon,  now  in  possession 
of  iMr.  George  Gihbs. 

LIGHT-HOUSES    IN    LOUISIANA. 

Mr.  JOHNSON,  of  Louisiana,  submitted  the  following  resolu- 
tion, which  was  considered,  by  unanimous  consent,  and  agreed  to  : 

liciolrcd.  That  the  Committee  on  Commerce  be  instructed  to  inquire  into  the  ex- 
peilieiicy  of  an  appropriation  for  tlie  erection  o'"  a  light-house  on  Proctor's  Shell  Bank; 
and  also  for  the  erection  of  a  light-house  on  Ship  Island,  in  the  State  of  Louisiana. 

THE    PEA   PATCH    CASE. 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  was 
Ordered,  That  a  thousand  extra  copies  of  the  report  of  the  Solici- 
tor of  the  Treasury,  in  replv  to  the  Senate's  resolution  of  the  17th 
ultimo,  relative  to  the  site  'of   Fort   Delaware,    be  printed  for  th» 
use  of  the  Senate. 

UNITED    states'  COURTS  IN  MICHIGAN. 

Agreeably  to  notice,  Mr.  FELCH  asked  and  obtained  leave 
to  bring  in  a  bill  concerning  the  courts  of  the  United  States  in 
and  for  the  district  of  Michigan;  which  was  read  the  first  and 
second  times,  by  unanimous  consent,  and  referred  to  the  Commit- 
tee on  the  Judiciary. 

PRIVATE    BILLS. 

Agreeably  to  notice,  Mr.  DAVIS,  of  Massachusetts,  asked  and 
obtained  leave  to  bring  in  a  bill  for  the  relief  of  Benjamin  Adams 
and  Company,  and  others;  which  was  read  the  first  and  second 
times,  by  unanimous  consent,  and  referred  to  the  Committee  on 
Finance. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  was  referred  the  petition  of  John  Clark,  submitted 
a  i-eport.  accompanied  by  a  bill  granting  a  pension  to  John  Clark. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered    That  the  report  be  printed.    , 

Mr.  JOHNSON,  of  Louisiana,  from  the  same  committee,  to 
whom  was  referred  the  bill  from  the  House  of  Representatives  for 
the  relief  of  Silas  Waterman,  reported  it  without  amendment 

Mr.  DOWNS,  from  the  Committee  on  Private  Land  Claims,  to 
whom  was  referred  the  memorials  of  Adelaide  Snyder  and  Henri- 
ette  Pensoneau,  heirs  of  Jean  F.  Perrv,  deceased;  John  Bleakeley, 
William  Bleakeley,  Nicholas  Radiger  and  Juliana  Bleakeley, 
heirs  of  Josiah  Bleakeley;  James  L.  D.  Morrison,  John  M.  Morrij 


288 


THE  TEN  REGIMENT  BILL. 


[Tuesday, 


son  and  R.  F.  Morrison,  heirs  of  Robert  Morrison,  deceased  ;  and 
of  the  heirs  of  Nicholas  Jarrot,  deceased,  submitted  a  report  ac- 
companied by  a  bill  lor  the  relief  of  the  heirs  of  Jean  F.  Perry, 
Josiali  Bleakelev,  Nicholas  Jarrot,  and  Robert  Morrison. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  memorial  of  William  Woodbridge  and  Henry 
Chiptnan,  submitted  a  report,  accompanied  by  a  bill  to  provide 
compensation  to  William  Woodbridpe  and  Henry  Chipman,  for 
services  in  adjusting  titles  to  land  in  Michi<;an,  and  for  other  pnr 
poses. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  WESTCOTT,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  petition  of  John  Develin,  submitted  a  report  ac- 
companied by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

ADVERSE    REPORT. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  was  referred  the  petition  of  Isaac  Davenport,  sub- 
mitted an  adverse  report  ;  which  was  ordered  to  be  printed. 

INCREASE    OF    THE    MEDICAL    STAFF. 

The  Senate  proceeded  to  consider  the  motion  made  yesterday  by 
Mr.  Badger,  to  reconsider  the  vote  upon  the  passage  of  the  bill 
for  an  increase  of  the  medical  staff  of  the  array,  for  a  limited  time. 

Mr.  BADGER  explained  that  this  bill  had  been  reported  by  the 
Military  Committee  and  passed  under  an  erroneous  impression.— 
Every  member  of  the  committee  was  now  satisfied  tbat  the  bill 
ought  not  to  pass. 

The  motion  to  reconsider  having  been  ngread  to,  the  question 
recurred  upon  the  passage  of  the  bill. 

On  motion  by  Mr.  BADGER,  it  was 
Ordered,  Tli-.ii  the  bill  be  postponed  indefinitely. 

BILL     RECOMMITTED. 

The  bill  for  the  relief  of  the  les;al  representatives  of  Francis 
Cazeau,  late  merchant  at  Montreal,  was  read  the  second  time. 

On  motion  by  Mr.  WESTCOTT,  it  was 
Ordered,  Thai   it   be  recommitted  to  the  Comnjittee  on  the  Ju- 
diciary. 

TEN  REGIMENT  BILL. 

The  Senate  resumed  the  consideration  of  the  bill  to  raise,  for  a 
limited  time,  an  additional  military  force. 

Mr.  UPHAM. — Mr.  President  :  I  do  not  know,  sir,  that  I  shall 
be  able,  in  the  humble  part  I  am  about  to  take  in  this  debate,  to 
impart  any  tliinj;  of  interest  or  freshness  to  the  subject,  or  to  bring 
any  new  contribution  of  facts  to  bear  U])on  the  questions  I  propose 
to  discuss.  Almost  every  topic  connected  with,  or  growing;  out  of 
the  existing  war  with  Mexico,  has  been  alluded  to  .and  ably  com- 
mented upon  by  honorable  Senators  who  Have  prcceeded  me  on  the 
floor.  But,  sir,  exhausted  as  tlie  subject  is,  I  cannot  content  my- 
self with  a  silent  vote  on  the  question. 

Believing,  as  I  do,  that  under  existing  laws  onr  force  in  Mexico 
can  be  increased  to  nearly  sixty-five  thousand  men,  and  that  the 
more  vigorous  prosecution  of  the  war  for  the  purposes  now  avow- 
ed, would  be  dishonorable  to  the  country.  I  shall  be  compelled  to 
record  my  vole  against  this  bill.  But  1  shall  do  it,  sir.  wiih  no 
view  to  embarrass  the  Executive  in  his  eli'orts  for  an  honorable 
peace  ;  but  to  prevent  the  forcible  dismemberment  of  a  weak,  dis- 
tracted sister  republic,  and  to  preserve  untarnished  the  fair  fame  of 
the  country,  which  I  prize  infinitely  higher  than  any  territorial  ac- 
quisitions we  can  make,  or  any  glory  we  can  win.  bv  the  success  of 
our  arms.  The  honorable  Chairman  of  tlio  Coiumittee  on  Military 
.\frairs,  in  his  clocpient  remarks  the  other  day  in  support  of  this  bill", 
expressed  a  desire  that  it  might  pass  without"  opposition,  and  that  the 
discussion,  which  he  was  aware  would  arise  upon  the  war  jioliey 
of  the  administration,  and  which  be  had  no  desire  to  avoid,  might 
be  had  upon  some  other  measure  hereafter  to  come  before  the  Se- 
nate. Tliis  bill,  he  llioiight,  was  sale  and  common  ground,  upon 
which  we  could  all  meet  and  act  together.  Sir,  .safe  as  the  hono- 
rable Senator  may  tliink  the  ground  to  be  on  which  he  stands,  I  can 
not  occupy  it  with  him,  because,  in  ray  judgment,  it  is  dangerous 
ground. 

This  bill  is  the  first  of  a  series  of  measures  which,  if  carried  out 
to  the  full  extent  of  executive  recommendation,  must  bring  our 
free  institutions  into  great  peril,  and,  I  fear,  in  the  end,  overthrow 
them.  The  recommended  increase  of  the  army  from  sixty-five  thou- 
sand to  nearly  ninety-five  thousand  men,  to  be  cn>jaged  in  the  con- 
quest of  foreign  states  and  provinces,  is  a  proposition  too  startling 


for  me  to  support.  Here,  sir,  I  must  pause,  and  here  I  must  stand 
until  I  am  well  convinced  that  this  measure  is  necessary  to  vindi- 
cate the  rights  and  maintain  the  honor  of  the  country. 

The  cry  is  onward  ;  and  onward,  at  all  hazards,  the  administra- 
tion seems  determined  to  go  until  the  whole  Mexican  republic  falls 
beneath  our  conquering  arms.  We  preach  the  doctrine  of  non-in- 
terference in  the  afiairs  of  other  nations,  and  still  raise  armies  to 
invade  and  conquer  a  neighboring  republic.  We  pn  claim  the  great 
principle  of  self-government  and  the  right  of  every  people  to  form 
their  own  institutions,  and  at  the  same  time  we  send  our  conquer- 
ing armies  to  force  upon  a  distant  and  reluctant  people,  forra<  of 
government  which  they  have  no  capacity  to  maintain,  and  to  which 
they  are  utterly  opposed.  We  condemn  the  dismemberment  of 
Saxony,  the  annexation  of  the  republic  of  Genoa  to  the  kingdom 
of  Sardinia,  and  the  absorption  of  Venice  by  Austria,  and  still  we 
go  on  with  the  work  of  dismemberment  and  annexation  ourselves. 
We  denounce  Russia,  Prussia,  and  Austria  for  the  dismemberment 
of  Poland,  and  at  the  same  time  we  are  attempting  to  dismember 
u  sister  republic  ;  and  if  she  refuses  to  submit  to  our  demands,  the 
absorjition  of  her  whole  territury,  the  honorable  Chairman  of  the 
Committee  on  Military  Afiairs  says,  may  be  the  penalty  sh»  will 
be  compelled  to  pay  lor  her  obstinacv. 

Mexico,  sir.  is  in  our  power — she  l.es  quivering  and  bleeding  at 
our  leet — we  can  destroy  her  nationality  and  blot  her  name  trom 
the  map  of  nations — but  such  an  act  of  injustice,  violence,  and  out- 
rage would  bring  down  upon  our  heads  the  just  indignation  of  all 
Christendom,  and  brand  us  as  a  nation  of  robbers. 

Mr.  FOOTE.— I  am  quite  sure  that  the  Senator  has  no  desire 
to  misrepresent  any  Senator  on  this  side  of  the  chamber.  Certain- 
ly he  has  not  heard  either  the  Chairman  of  the  Committee  on  Mi- 
litary Alfairs,  or  any  other  Senator  on  this  side,  give  expression  to 
the  opinion  that  it  might  become  politic  to  absorb  the  whole  of 
Mexico.  The  absorption  of  Mexico  has  been  uniformly  spoken  of 
by  us  as  a  thing  to  be  deprecated,  but  from  which,  if  lorced  upon 
us,  we  were  to  educe  all  the  good  that  was  possible. 

Mr.  UPHAM. — I  have  no  desire  to  misrepresent  any  Senator, 

but  I  understood  the  honorable  Chairraan  of  the  Comraitiee  on 
Military  Affairs,  in  alli.ding  to  this  subject,  to  say,  that  it  might 
be  necessary  in  order  to  bring  the  war  to  an  honorable  close,  to 
absorb  the  whole  of  Mexico.  However,  I  have  his  remarks  befora 
rae  and  will  read  them.  In  the  debate  on  the  instructions  to  Gen. 
Scott  to  occupy  the  republic  of  Mexico,  the  Senator  said  : 

"  I  repeat  wlial  i  before  said,  that  liie  longer  Mexico  continues  her  obstinate  rejection 
of  reasonable  iudeinuity,  and  the  giealenhe  exertion  she  compels  us  to  lualte,  thegieal 
er  svill  be  our  demamts  and  the  heavier  her  losses.  What  we  would  liave  accepted 
last  year,  or  even  at  the  coniineucement  of  the  present  caiDpai»n,  we  may  well  iefa:» 
now  ;  and  wliat  we  would  accept  now.  we  may  well  refuse  aflera  few  months.  And 
iiow  much  the  public  sentiment  of  tills  couulry  may  demand  a  year  or  two  yean  hence, 
if  ihe  war  continues  so  long.  I  do  not  preieuil  to  predict.  We  may  have  to  make  the 
fcreal  exiieriment  so  dreadcti  by  the  Senator  lioin  South  Carolina  aud  tlie  Senator  from 
Kentucky,  and  annex  tlie  domains  of  Mexico  to  our  own.  This  is  Ihe  penalty  which 
national  injustice  has  often  been  called  to  pay,  aud  which  Mexico  may  t)e  prepanog 
for  herself." 

Mr.  CASS. — I  have  again  and  again  been  called  upon  to  state 
the  purport  of  the  remrrUs  to  which  the  honorable  Senator  alludes, 
and  I  do  hope  that  it  will  not  be  necessary  to  enter  into  any  ex- 
planation with  regard  to  them  hereafter.  I  ani  confident  tliat  the 
Senator  does  not  intentionally  mistake  my  views  ;  but  I  will  repeat 
that  all  along  I  have  deprecated  the  absorption  of  the  whole  of 
Mexico,  but,  as  the  Senator  fioin  Mississippi  has  correctly  said,  I 
added  tbat  if  forced  upon  us,  we  must  make  the  most  of  it.  At 
the  time  when  the  honorable  Senator  from  South  Carolina  (Mr. 
C.ilhoun)  introduced  his  resolutions,  I  stated  distinctly  that  if 
Mexico  protracted  this  war,  the  public  opinion  of  the  country  might 
manifest  a  desire  for  the  annexation  of  the  whole  of  that  country. 
But  I  never  expressed  any  opinion  in  favor  of  such  a  result  ;  but 
on  the  contrary,  deprecated  it  as  a  thing  to  be  feared  and  avoided" 

Mr.  UPHAM. — The  position,  then,  that  the  Senator  has  as- 
sumed, is  that  such  might  be  the  condition  of  things,  such  might  be 
the  obstinacy  of  Mexico  in  refusing  to  yield  to  our  demands  that 
we  might  be  compelled  to  prosecute  the  war  to  such  extremity  as 
would  lead  to  the  destruction  of  her  nationality,  and  the  absorption 
of  her  whole  territory  by  the  United  States.  And,  sir,  notwith- 
standing that  this  result  is  deprecated,  and,  I  have  no  doubt,  sin- 
cerely, and  that  it  is  acknowledged  that  this  is  n3t  a  desirable  state 
of  things,  still,  in  my  humble  judgment,  the  tendency  of  the  mea- 
sures recommended  by  the  President,  if  carried  out  to  the  lull  ex- 
tent, must  inevitably  result  in  the  absorption  of  the  whole  country, 
and  1  think  I  can  see  in  the  signs  of  the  times  enough  to  alarm  th« 
country  in  reference  to  this  subject.  Such  a  policy  has  been  more 
than  dimlv  shadowed  forth  in  the  resolutions  introduced  by  the  hon- 
orable Senators  from  New  York  and  Iiuliana.  The  former  sug- 
gested to  the  country  the  propriety  and  expediency  of  strengthen- 
ing our  commercial  relations  by  the  annexation  01  contiguous  ter- 
ritory. The  latter  avowed  the  constitutional  power  and  authority 
of  our  government  to  hold  and  govern  Mexico  as  a  dependent  pro- 
vince. Sir,  I  have  seen  it  avowed  in  the  jiroecedings  of  public 
meetings,  in  the  speeches  of  our  military  olfici'rs  who  have  won 
glory  anil  renown  upon  the  battle  fields  of  Mexico,  and  who  have 
returned  because  there  are  no  more  laurels  to  be  gained,  and  have 
undertaken  to  indoctrinate  the  people  of  this  nation  that  it  is  our 
duty  or  destiny  to  carry  into  Mexico  our  free  institutions,  and  that 
this  war  ought  to  be  prosecuted  until  her  government  is  overthrown 
and  a  more  liberal  government  established,  to  be  sustained  by  the 


February   15.] 


THE  TEN  REGIMENT  BILL. 


289 


power  of  our  arras.  What?  Are  we,  then,  to  become  a  nation  of 
propagandists?  Why,  sir,  some  gentlemen  have  even  gone  so  far 
as  to  denounce  every  man  who  raises  his  voice  ajrainst  the  prosecu- 
tion of  a  war  for  the  pnrpose  of  foreinf^  upon  Mexico  a  jjovern- 
ment  of  which  she  does  not  approve,  as  traitors  to  their  country  ! 
.Such  is  the  sentiment  expressed  in  the  speecli  of  Colonel  Morgan 
which  I  have  before  me. 

"  As  Christians,"  says  lie,  "we  are  bound  to  protect  the  Mexi- 
cans from  the  bad  intentions  of  their  rulers."  "  And,"  he  adds, 
■■'all  who  will  advocate  the  withholding  of  supph'es,  or  withdraw- 
ing our  armies,  disguise  their  sentiments  however  they  may,  under 
whatever  artful  plea  they  choose,  are  traitors  at  heart." 

Yes,  sir,  every  man,  every  citizen,  every  member  of  Con- 
gress who  believes  it  to  be  his  duty  to  raise  his  voice  against 
the  further  prosecution  of  the  war  for  the  purpose  now  avovved  by 
the  administration,  is  denounced  by  this  orator  as  a  "traitor  at 
heart,"  and  unworthy  of  the  confidence  of  the  people.  I  also  have 
in  my  possession  a  speech  of  Captain  Stockton  advocating  the 
same  principle  that  the  army  shall  not  be  withdrawn  until  the 
overthrow  of  the  Mexican  government  and  the  establishment  of  a 
government  there  upon  liberal  principles  Jbe  accomplished.  He 
holds  the  following  language  : 

■■  I  would  insist,  ir  the  war  were  to  hp  prolonged  for  fifty  years  anti  co?t  money 
L'liou:;!]  to  ileiiian<l  from  each  ot"  yon  half  of  all  that  you  'possess.  I  would  insist  that 
till-  blessings  of  civil  ami  rehfious  liherty  should  he  puaianteodto  Mexico." 

I  believe  that  the  sentiments  advanced  by  Colonel  Morgan  and 
Captain  Stockton,  so  far  from  meeting  with  disapprobation  on 
the  occasions  on  which  they  were  expressed,  elicited  the  most  une- 
ipiivoeal  marks  of  favor.  Those  gentlemen,  indeed,  seem  to  have 
been  preparing  the  minds  of  the  (leople  for  the  uiiquabtied  admis- 
sion of  the  doctritic  that  it  is  the  duty  of  the  government  to  extend 
itself  over  the  whole  American  continent.  At  the  supper  given  to 
Colonel  Morgan,  the  following  toasts  were  received  with  the 
greatest  enthusiasm: 

"  The  Destmij  of  thr  United  States  Oiivcrttvtmt—To  overshadow  tlie  wliole  of 
North  Ameiica  ;  Ihereforewe  may  .as  well  begin  with  Mexico." 

"  Tlic  .tmrrienn  Cntment—Kw  .VhiiTirlity  hand  has  rolled  the  barrier  of  the  seas 
around  it,  to  mark  it  as  one  repuhhc. 

"  No  pent-iip  Lftiea  eontraets  our  powers, 
"  Hut  the  whole  boundless  continent  is  onts." 

"  The  Isthmus  nf  Panama— TIk  next  resting-place  in  the  extension  of  freedom's 
area.' ' 

Now,  sir,  these  significant  indications  strongly  impress  upon  m3' 
mind  the  conviction,  however  much  the  result  may  be  deprecated, 
that  great  elibrts  are  making  to  convince  the  people  that  it  is  the 
destiny  of  our  government  to  extend  its  jurisdiction  over  the  entire 
continent.  An  ocean-bound  republic  is  spoken  cf  with  apparent 
seriousness.  Let  it  not  be  said  that  these  indications  are  to  be 
lightly  regarded.  They  proclaim,  in  language  not  to  be  mistaken, 
the  interpretation  which  masses  of  the  people  have  put  upon  the 
|jolicy  which  the  government  seems  to  have  adopted.  And.  sir,  if 
this  perilous  career  of  conquest  on  which  we  have  enterrd,  is  not  to 
be  arrested  till  our  arms  have  subjugated  the  whole  American  con- 
tinent, it  is  surely  time  that  the  country  understood  it.  It  is  time 
that  the  voice  of  warning  should  arouse  the  people  to  a  full  sense 
of  impending  danger. 

Our  government  was  not  constructed  with  a  view  to  wars 
of  aggression  and  conquest.  The  armies  contemplated  by  the 
consfitulion  are  armies  of  defence,  and  not  of  aggression — armies 
to  defend  our  own  terrilorily,  not  to  invade  the  territory  of  other 
nations.  The  unlimited  power  to  raise  and  support  armies,  con- 
ferred upon  Congress  by  the  constitution,  was  looked  upon  with 
great  jealousy  by  the  people.  It  was  assailed  in  the  State  con- 
ventions and  elsewhere,  with  great  zeal  and  pertinacity,  as  danger- 
ous to  liberty,  and  subversive  of  the  State  governments.  It  was 
said,  the  power  being  unlimited,  that  Congress  might  keep  large 
armies  constantly  on  foot,  and  thus  exhaiist  the  ie.sourccs  of  the 
country;  and  that  we  might  be  compelled  to  live  under  a  govern- 
ment of  military  force.  To  these  suggestions  it  was  repliijd.  that 
the  power  was  necessary,  and  that  to  be  of  any  value,  it  must  be  un- 
limited; that  the  power  was  exclusively  confined  to  the  legislative 
body,  to  the  representatives  of  the  Stales,  and  to  the  people  of  the 
States,  and  that  it  would  be  safe  iii  their  hands;  that  the  power  was 
necessary,  because  we  were  surrounded  by  the  colonies  and  depen- 
dencies of  powerfnl  foreign  governments,  whose  maritime  powers 
plight  furnish  ihem  with  the  means  of  annoyance,  and  mischief,  and 
invafioii  ;  tliat  it  was  necessary  to  protect  our  frontiers  a<'ain,st 
the  Indians,  and  to  man  our  forts  and  garrisons  in  dilferent  parts  of 
the  country.  Here,  sir,  you  have  the  reasons  for  which  the  power 
"  to  raise  and  support  armies''  was  deemed  necessary.  The  con- 
cjuest  of  foreign  States  and  provinces  was  never  dreampt  of  by  the 
framers  of  the  constitution.  But  the  wisdom  of  the  past,  with  the 
"  progressive  demoeraiT"  of  the  present  day,  is  folly;  and,  indeed, 
so  rapid  has  been  the  advancement  beyond'  that  old-fashioned  de- 
mocracy which  prevailed  in  the  better  days  of  the  republic,  that 
calls  have  been  actually  made  for  conventions  of  the  people  to  re- 
construct the  government.  And  to  carry  nut  these  splcntlid 
schemes  of  national  aggrandizement,  it  has  been  found  necessary 
to  wage  war  against  the  freedom  of  speech  and  the  press— a  war 
mHnitely  more  dangerous  to  the  liberties  of  the  people  than  a  war 
ol  conquest.  The  message  of  December.  184G.  contains  the  decla- 
ration ot  war  agtiinst  tree  discussion,  and  I  be"  leave  to  read  it  • 

■■The  war  has  been,  (says  the  Presulenl.)  represented  as  unjust  and  unnecessarv,  and 
one  ot  aggression,  on  our  part  upon  a  weak  and  injured  enemy.  Such  errbneons 
views  though  enterlamed  by  lew,  have  been  widely  circulated  noi  only  at  home,  but 
have  been  spread  throughout  Mexico  and  the  whole  worid.  A  more  etfectnal  means 
could  not  have  been  devised  to  encourage  the  enemv  and  protract  the  war  than  to  ad- 
vocate and  adhere  to  their  cause,  and  thus  ffii,c  them  aid  and  comfort  " 

Here,  sir,  is  a  bold,  and   I  was  about  to  say,  shameless  attempt 
on  the  part  of  the  Executive   to  stifle  all  inquiry  into  the  origin 
necessity,  justice,   and  purposes  of  this   war.     All  who  dare  call 
30rH  Cong. — IsT  Session. — No.  37, 


m  question  the  power  of  the  President  to  wage  -n-ar,  and  to  pro- 
secute it  for  the  purposes  of  conquest  and  plunder,  are  denounced 
as  traitors  to  their  country.  And  all  who  doubt  the  necessity  of 
the  war  and  think  it  could,  and  should,  have  been  avoided,  are 
held  up  OS  adhering  to,  and  advocating  the  cause  of  the  eni?mv 
These  denunciations,  sir,  coming  from  that  liiL'h  source,  should 
not  be  sulTered  to  pass  unnoticed  and  uncondemncd.  The  framers 
of  the  constitution,  regarding  free  discussion  the  great  safeguard 
of  liberty,  declared,  in  the  first  article  of  amendments,  that  "Con- 
gress shall  make  no  law  abridging  the  freedom  of  speech  or  of 
the  press."  This  right  of  free  discussion  belongs  to  the  people 
and  no  power  on  earth  should  be  permitted  to  abridce  or  impair  it! 
It  is  the  [Treat  power  that  overturns  despotisms  and  builds  up  re- 
publics— it  shakes  tyrants  from  their  thrones  and  eonlcrs  il.e  bles- 
sings of  liberty  upon  oppressed  millions  of  our  race — it  kindled 
the  fire  of  our  own  revolution  and  made  us  a  free  and  independent 
nation — and  it  is  the  best  security  we  can  have  for  the  preservation 
of  our  liberties.  It  was  Sheridan,  I  believe,  who,  in  speaking  in 
the  Houss  of  Commons  on  the  powe.-  of  the  press  to  avert  the  en- 
croachments of  the  Ministry,  exclaimed  in  one  of  his  loftiest.strains 
of  eloquence: 

"Give  them  a  corrupt  Hoose  of  Lords ;  give  them  a  venal  Itonse  of  Commons  ; 
give  them  a  tyraTinieal  Prince  ;  give  them  a  tiuekiing  Court  ;  anil  let  me  but  have  an 
unlettered  press,  and  I  will  defy  iheni  to  encroach  a  hair's  breadth  upon  the  liberties 
of  England." 

If  the  freedom  of  the  press  was  so  essential  in  the  protection  of 
British  liberty,  it  must  be  regarded  as  infinilely  more  important  to 
the  security  of  a  government  like  ours,  founded  upon  and  derivin" 
its  support  from  enlightened  public  opinion.  But,  to  pass  on:  gci> 
tiemen  have  searched  for  precedents  for  this  war,  and  the  Senator 
from  Illinois  imagines  that  he  has  di!:eovercd  one  in  the  war  of  1S12. 
"  That  war,"  he  says,  "was  declared  in  the  same  lorm  and  almost 
in  the  same  language  as  the  present."  Sir,  did  President  Madison 
announce  to  the  country  that  war  existed  between  the  United  States 
and  Great  Britain  ?  Or,  did  he  iiilorm  Congress  that  long  ex- 
isting diflieulties  between  the  two  countries  remained  unsettled  ? 
that  he  had  exhausted  all  his  power  in  making  pacific  efforts; 
and  that  he  was  unable  to  brinir  the  controversy  to  a  close;  and 
that  it  was  for  Congress  to  decide  whether  or  not  an  appeal  to 
arms  should  be  made  in  order  to  vindicate  our  honor  and  sustain 
our  rights  ?     Hear  his  language  : 

"We  behold,  in  fine,  on  the  side  of  Great  Britain,  a  state  of  war  against  the  United 
States  ;  and  on  the  side  of  the  United  States,  n  state  of  peace  lowarils  Great  Bntain. 
Whether  the  United  States  shall  continue  passive  under  these  progressive  usurpations 
and  these  acrMimnl.ating  wrongs  ;  or,  opposing  force  to  force  in  defence  of  their  natio- 
nal ngh-s,  shall  commit  onr  iust  cause  into  the  liands  of  the  Almighty  disposer  of 
events,  avoiding  all  connexions  which  might  entangle  it  in  the  contest  or  views  of  other 
Powers,  and  preservnig  a  constant  readineis  to  concur  in  an  honorable  establishment  of 
peace  and  Iriendship.  is  a  solemn  question,  wliieli  the  constitution  wiselv  confides  to 
the  legislative  department  of  the  government.  In  recommending  it  to  their  early  de- 
hberalions,  1  am  happy  in  the,as!urance  that  the  decision  will  be  worthv  the  enlight- 
ened and  patriolie  councils  of  a  virtuous,  a  free,  and  a  pov\'erful  nation." 

Upon  this  message  Congress  announced  to  the  country,  bv  its 
legislative  act,  that  a  state  of  war  existed  between  the  two  "gov- 
ernments. How  was  it  with  the  existing  war  ?  What  was'  the 
(jharacter  of  the  message  received  lUh  Mav,  1846  ?  Did  it  set 
forth  the  wrongs  perpetrated  by  Mexico;  that  the  Prcsiilent  had 
exerted  all  the  powers  conferred  on  him  by  the  constitution  to 
artect  a  pacific  adjustment  withoiit  success;  and  that  it  was  a 
question  for  Congress  to  decide  upon  the  further  steps  to  he  taken 
to  vindicate  the  rights  and  maintain  the  honor  of  the  country?  IVo 
sir !  The  first  announcement  to  the  country  of  the  existence  of 
the  war  was  by  Executive  message.  How,  sir,  I  ask,  could 
war  exist  between  a  foreign  government  and  the  United  States 
without  the  knowledge  and  consent  of  the  war-making  power  ? 
Had  the  President  any  authority  to  declare  war  ?'  No,  sir,  that 
power  is  vested  exclusively  in  Congress.  How  then  can  there  be 
any  analogy  between  the  two  wars— that  of  1812  having  been  de- 
clared according  to  the  form  of  the  constitution,  whilst  the  present 
■w-ar  was  waged  by  the  Executive  in  open  violation  of  the  constitu- 
tion. But  the  Senator  says  the  war  of  1812  met  with  violent  oppo- 
sition from  the  pulpit  and  the  press,  ahd  he  has  given  us  specimens 
of  the  fnhninalions  of  the  one,  and  the  rantings  of  the  other.  For 
what  purpose  were  these  extracts  read  ?  Were  they  designed  to 
instruct  Senators  in  the  discharge  of  their  functions,. or  we'e  they 
intended  to  operate  on  public  opinion — to  excite  prejudices  in  the 
minds  of  the  people  against  all  who  felt  it  to  be  their  duty  to  op- 
pose the  policy  recommended  by  the  administration  for  the  further 
prosecution  of  this  war  with  a  view  to  the  dismemberment  of  a  sister 
republic  ?  If  this  war  cannot  be  sustained  upon  its  merits — if  it  he 
necessary  to  sustain  the  policy  of  its  further  prosecution  by  such  a 
course  of  argument  as  that  adopted  by  the  Senator  from' Illinois 
I  think  the  sooner  it  is  brought  to  a  close  the  better  it  will  be  for  the 
honor  of  all  concerned.  Most  of  the  opposition  to  the  war  of  1812 
grew  out  of  the  particular  policy  recommended  for  its  prosecution! 
An  increase  of  the  army  had  been  recommended  for  the  invasion  of 
Canada,  and  it  was  objected  that  the  war  ought  to  be  a  maratiine 
war;  that  we  should  build  up  a  navy,  manit,  and  prepare  our- 
selves to  meet  the  enemy  upon  the  ocean,  where  the  injuries  had 
been  received,  which  we  had  armed  ourselves  to  redress.  Who- 
ever looks  at  the  debates  upon  appropriation  bills  for  the  support 
of  the  war  of  1812  will  find  that  most  of  the  opposition  was  based 
upon  the  ground,  that  the  naval  power  should  be  au<riuented  to 
meet  the  enemy  on  the  ocean,  instead  of  increasing  the  army  for 
the  invasion  of  Canada.  But  to  pass  to  anolher  point.  I  stated 
in  the  outset  that  under  existing  laws  our  force  in  Mexico  could  be 
increased  to  nearly  65,0lJO  men.  Now,  sir,  is  this  true?  The 
honorable  Senator  from  Mississippi  the  other  day  said,  that  he  did 
not  so  understand  it.  To  settle  this  question  I  will  refer  to  the 
report  of  the  Secretary  of  War. 

He  says  the  twenty-five  regiments  of  the  regular  army,  as  dis- 


290 


THE  TEN  REGIMENT  BILL. 


[Tuesday, 


tin<iuished  from  volunteer  force,  wlieii  filloil  to  the  limit  fixed  by 
law,  would  be  2S,814,  exclusive  of  officers;  but  the  actual  strenath, 
he  says,  is  now  about  21,533:  it  will,  therefore,  require  7,381 
enlisted  men  to  eoraplete  the  re<rHlar  mililary  establishment. — ■ 
There  arc  now  in  the  service,  en<iaged  for  the  war,  says  the  Sec- 
retary, twenty-three  rei^iments  of  volunteers,  seven  battalions, 
and  tSiirty-three  ennipanies  not  organized  into  regiments  or  bat- 
talions; but  the  rank  and  file  of  all  those,  the  Secretory  thinks,  do 
nut  exceed  20,000  men  ;  and  to  give  those  serving  for  the  war 
their  complete  organization,  will  require  an  addition  of  about  12,- 
5(*0  men. 

The  force  in  Mexico  at  this  time,  includins  the  rcrriments  from 
Michigan,  and  the  two  battalions  now  on  the  way.  is  45,700.  In 
addition  to  this  number,  the  Executive,  under  existinc  laws,  has 
the  power  to  enlist  upwards  of  7,000  regulars,  and  to  call  into  the 
field  12,,500  vohmtccrs,  to  .serve  during  the  war— makmg  in  all 
05,200.  If  the  5,000  seamen  and  marines,  also  engaged  m  the 
war,  bc>  added,  we   then  have   a  numerical  force — naval    and   mili- 

tarv of  70,200  men.     If  we  add  to  this  force  the  troops  proposed 

by  this  bill,  10,000  regulars,  we  shall  have  an  army  in  Mexico  of 
ardv  of  80,000:  and  if  the  volunteer  bill  is  to   pass    ■■■"   ■'■"" 


Uj 


shall 


to 
have  a  force  of  upwards  of  100,000;  and  that,  too,  after  the  coun- 
try has  licen  viilnaDy   conquered  by  less  than  one-fourth  of  that 

number.  ,        ,      r  i        i   ,        .  ■ 

Sir  I  can  see  no  necessity  for  the  force  contemplated  by  this 
bill.  When  the  regiments  cif  the  line,  and  the  volunteer  regiments, 
are  filled  up,  we  shall  have  a  force  amply  suffleiant  to  piosecu'e 
the  war  ''with  increased  energy  and  power,  in  the  vital  parts  of 
the  enemy's  conntrv'' — and  this  is  all  the  President  desires. 
The  Secretary  of  War  says, 

'■  Our  I'lirlltiT  (j|H'r;iti(iii3  in  iMeMi-o  must  be  conducted  in  one  »f  the  tliree  following 
modes.  FlusT,  fo  Ink'-'  and  hold  .-in  iiideiiinity  hne;  to  recede  from  .ill  places  and  posi 
tions  now  occupied  in  advance  of  il,  and  cease  from  all  a^ore^sive  operations  beyond 
lliat  line.  Hkcond,  to  overrun  the  whole  country,  and  hold  all  the  principal  places 
in  it  bv  permanent  garrisons;  and,  th'RD,  to  retain  what  we  now  possess,  open  lines  of 
coniinunicalioii  into  the  inlerior,  and  extend  ouropcralions  to  other  im|iortant  places, 
as  our  means  and  the  pros|iect  of  advantages  shall  indicale,  keeping  a  disposable  force 
always  ready,  within  approachable  limits,  to  annoy  the  enemy,  to  seize  su|iplies,  en- 
force conlribulions,  and  frustrate  his  efforts  to  collect  means  :ind  assemble  troops  for 
the  purpose  of  protracting  the  war." 

The  Secretary,  after  discussing  the  comparative  merits  of  these 
modes  of  conducting  the  war,  comes  to  the  conclusion  that  the 
third  mode  is  preferable,  and  adopts  it.  Now,  sir,  what  force 
is  necessary  to  carry  it  out?  I  have  examined  this  question 
with  some  care,  and  I  cannot  resist  the  conclusion  that  the 
force  now  authorized  by  hiw  is  sufficient.  This  conviction  has 
been  forced  upon  my  mind  by  the  success  which  has  hitherto 
attended  our  arms,  and  by  the  despatch  of  General  .Scott,  under 
date  of  September  18th,  1847.  General  Taylor,  at  the  battle 
of  Palo  Alto,  with  a  force  of  2  300,  defeated  a  Mexican  army  of 
6.000.  At  Resaca  de  la  Palina,  with  a  force  of  only  1,700,  he  de- 
feated 6,500  Mexicans.  At  Monterey,  with  ti,645  men,  he  stormed 
and  took  the  strong  fortresses  of  the  city,  and  compelled  the  sur- 
render of  a  Mexican  army  10,000  strong.  And  at  Bucna  Vista, 
with  4,759  regulars  and  volunteers,  he  defeated  Santa  Anna  at  the 
head  of  20,000  well  armed  Mexicans.  Gen.  Scott,  at  the  head  of 
11,000  men,  compelled  the  surrender  of  Vera  Cruz  and  the  strong 
oastle  by  which  it  was  defended.  At  Cerro  Gordo,  with  an  army 
of  8,500,  he  met  and  defeated  a  Mexican  army  of  12,500.  At 
Conlreras,  San  Antonia,  and  Churubusco,  with  8,497  men,  he  de- 
feated a  Mexican  force  of  32,000,  And  with  7,190  men,  he  entered 
and  took  the  city  of  Mexico,  defended  by  an  army  of  35,000  Mexi- 
cans. Now,  sir,  it  seems  to  me,  after  these  brilliant  victories, 
with  a  force  25,000  less  than  we  can  now  put  into  the  field,  that 
the  force  proposed  by  this  bill  is  unnecessary.  But,  sir,  what  says 
Gen.  Scott,  in  his  despatch  of  the  18tb  of  September,  1S47?  He 
says,  with  the  force  eii  route  and  4,000  more  soon  to  follow, 
that  he  can  hold  the  city  of  Mexico  with  a  garrison  of  7.500  men, 
against  any  external  attack,  or  combined  with  an  internal  insur- 
rection, and  have  an  ample  surplus  force  to  occupy  Puebla,  Perote. 
Jalapa,  the  National  Bridge',  the  Paso  dc  Obijos,  Santii  Fee.  and 
Vera  Cruz;  and,  as  a  moditication  of  this  plan,  he  says  that,  with  a 
total  of  30,000  men,  the  principal  mining'  districtsof  the  country  may 
also  be  occu[)k?d,  and  a  secure  trans't  given  to  gold  and  silver  bullion 
wiiich,  paying  the  customary  duties,  would  cover  a  considerable 
part  of  the  expenses  of  occupation.  But  this  is  not  all,  sir;  Gen. 
Scott  further  suggests  that  to  augment  the  army  to  50,000,  would 
enable  it  to  occupy  all  the  state  capitals  and  principal  cities — to 
drive  guerrillas  and  robbing  parties  from  the  great  highway  of 
trade — to  seize  into  our  hands  all  the  revenues  of  the  country,  and 
to  keep  the  central  government  in  constant  motion  and  alarm  .un- 
til constrained  to  sue  for  peace.  Does  the  President  desire  to  ac- 
complish more  than  General  Scott  says  can  be  accomiilished  by  a 
force  of  50,000?  Ifhe  does,  what  is  it  ?  Is  it  to  annihilate  the 
novereignty  of  Mexico  and  make  her  a  dependent  province  of  the 
Uniteil  States?  Such  a  purpose  has  been  denied  by  his  friends  on 
tins  door.  What  then  ciin  be  desired  by  the  passage  of  this  bill 
but  the  patronage  it  will  confer  upon  the  President  ?  It  will  give 
him  an  opportunity  to  appoint  five  or  six  hnndred  officers  to  be  en- 
gaged in  recruiting  soldiers  for  the  next  presidential  campaign.— 
The  measure  is  not  wanted  for  an  increase  of  .soldiers  in  Mexico, 


but  for  an  increase  of  officers  at  lome.  The  r:iiik  anil  file  of  the 
army  can  be  increased  20,000  without  this  liill,  liut  there  can  be 
no  increase  of  officers  unless  it  pusses.  Fill  u|i  tlie  rcular  and 
volunteer  regiments  now  in  the  field,  and,  after  that  il  done,  if 
more  men  are  necessary  for  the  prosecution  of  the  war,  ask  lor 
them,  and  I  presume  they  will  be  granted. 

Hut,  sir.  1  will  leave  tins  briincli  of  the   subject,  and  pass  on  to 
show  that  the  character    and   objects  of  the  war  have  changed  • 


and  that  its  further   jiroseeution,  for  the   purposes  «ow  avowed, 
would  be  dishonorable  to  the  country. 

When  Texas  was  annexed  to  the  United  States  its  western 
boundary  was  left  an  open  question,  to  be  settled  bvneffotiation  be- 
tween the  Mexican  government  and  ours.  The  President,  in  his 
message  of  May  1 1th.  1846,  informed  Congress  that  a  strong  de- 
sire to  regulate  and  adjust  our  bound.ary  and  other  causes  of  ilif- 
ferenee  with  Mexico,  on  lair  and  equitable  principles,  induced  him, 
in  September,  1845,  to  seek  the  re-opening  of  diplomatic  relations 
between  tlie  two  countries;  that  the  Mexican  government,  in  Oc- 
tober following,  agreed  to  receive  a  minister  from  the  United 
States  invested  with  full  powers  to  settle  and  adjust  all  matters  in 
difference  between  the  two  governmentsr  that  an  envoy  from  the 
United  States  repaired  to  Mexico  witli  full  powers  loadiust  every 
existing  diffijrence;  and  that  the  Mexican  government  had  not  only 
refused  to  receive  him,  or  listen  to  his  pro|)ositioiis,  but,  after  a 
long  continued  series  of  menaces,  bad  invaded  our  territory,  and 
shed  the  blood  of  our  fellow-citizens  on  our  own  soil.  This  mes- 
sage was  accompanied  by  about  one  hundred  and  fifiv  pages  of 
manuscript  documents.  The  usual  motion  to  print  the  documents 
was  made,  but  it  was-voted  down  by  Senators  on  the  other  side  of 
the  chamber.  A  call  for  the  reading  was  then  made,  but  that  also 
was  refused,  and  the  bill  of  the  13th  May,  1846,  was  passed  by  a 
vote  of  forty  yeas  to  two  navs.  The  unanimity  with  which  this 
bill  was  p.assed,  has  been  frequently  referred  to  as  evidence  to 
show  that  Congress  was  almost  unanimously  of  the  opinion  that 
Mexico  commenced  the  war.  The  President,  in  his  last  annual 
message,  referred  to  it  for  that  timpose.  He  says,  in  substance, 
that  Congress,  by  the  act  of  the  13th  May,  1846,  declared,  with 
great  unanimity,  that  ''by  the  act  of  the  republic  of  Mexico,  a  stale 
ofwarex[sts  between  that  government  and  tlic  United  States, 
there  being  but  two  ncfrtitive  votes  in  the  Senate  and  fourteen  in 
the  House  of  Kepresentatives."  Now,  sir,  I  propose  to  present 
to  the  Senate  and  tiie  country  oil  the  facts  connected  with  the 
])assage  of  that  bill.  The  bill  originated  in  the  House  of  Repre- 
sentatives. On  the  27th  of  J.anuary,  1846,  Mr.  Haralson,  fnmi 
the  Committee  on  Milil:iry  Affairs,  reported  a  bill  to  authorize  the 
President  of  the  United  States,  under  certain  circumstances  there- 
in mentioned,  to  accept  the  services  of  volunteers,  and  for  other 
purposes.  On  the  11th  of  May,  Mi'.  BrinkerhoR"  moved  to  amend 
the  bill  by  inserting  a  new  section  with  a  preamble,  in  the  words 
following:  "  whereas,  by  tiie  act  of  the  republic  of  Mexico,  a  state 
of  war  exists  between  that  iiovernment  and  the  United  States." 
The  amenilment  was  carried  by  a  vote  of  123  yeas  to  67  nays;  and 
on  the  same  day  the  bill  passed  the  House  by  a  vote  of  174  to  14. 
So  it  appears  that  67  members  of  the  House  voted  against  the  pre- 
amble to  the  bill. 

WeU,  sir,  what  is  the  history  of  this  bill  in  the  Senate  ?  On  the 
I2lh  of  May,  it  came  up  for  consideration,  and  Mr.  Huntington, 
then  ti  Senator  from  Connecticut,  but  since  deceased,  moved  to 
amend  it  by  striking  out  the  iircamblc:  and  the  journal  shows  that 
the  motion  failed  by  a  vote  of  18  yeas  to  28  nay.s — all  the  Senators 
on  this  side  of  the  chamber,  with  the  exception  of  three,  voted  in 
the  affirmative.  A  motion  w"as  then  made  Iry  the  honorable  Sena- 
tor from  Kentucky,  (Mr.  Chittenden,)  to  take  a- vote  upon  the 
preamble  alone,  hut  the  chiiir  ruled  that  it  could  not  be  separateil 
from  the  bill,  and  the  luolion  was  decided  out  of  order.  Thi^ 
bill  was  tlicn  prcsscii  to  a  vote  ami  passed — yeas  40.  nays  2.  Mr. 
Berrien,  Mr.  Evans,  Mr.  Huntington,  and  Mr.  Callioun  declining 
to  vote,  and  eleven  Senators  on  this  side  of  the  chamber  voting  yea 
with  a  protest  against  the  preamble  to  the  bill.  This,  sir,  is  a 
concise  history  of  the  progress  of  tlie  bill  through  the  two  Houses 
of  Congress. 

Now.  I  ask  in  all  candor,  what  excuse  can  the  President  render 
to  the  country  for  asserting  in  his  message,  that  both  branches  of 
Congress,  with  great  unanimity,  declared  that  the  war  existed  by 
the  act  of  Mexico,  there  being  but  fourteen  negative  votes  in  the 
House  of  Representatives  and  two  in  the  Sen.ate  '  Sir,  thejournal 
ol  the  House  shows  67  negative  votes,  aiul  the  journal  of  the  Sen- 
ate sliows  IS,  making  in  the  whole  85. 

Mr.  CLAYTON.— Will  the  Senator  allow  me  a  word  ? 
Mr.  UPHAM.— Certainly. 

Mr.  CLAYTON.— At  the  time  the  bill  pas-scd  this  .Senate, 
those  of  us  who  voted  for  its  passage  after  our  failure  in  the  ef- 
fort to  strike  out  the  preamble  as  the  Senator  from  Vermont  has 
stated,  put  to  the  gentlemen  on  the  other  side,  the  excessive  ii;n'd- 
ship  of  calling  upon  us  to  vote  for  a  bill,  the  object  oi  which  was  to 
send  supplies  for  the  army,  with  ti  i)reamble  containing  a  state- 
ment of  a  luatter  of  fact  of  whicii  wi*  had  not  evidence  before  us. 
We  repeatedly  demanded  the  separation  of  the  two  propositions, 
but  the  separation  was  refused,  the  President  of  the  Senate  decid- 
iner  that  we  bad  no  riirlit  to  call  for  a  division  of  the  ipiostion. 
Tiien  we  insisted  upon  it  that  we  should  have  the  right  to  vote 
upon  the  hill  ]irotestiiig  against  the  prcaiulilc.  .\iu\  the  Si'iiator  from 
Missouri  now  in  my  eye  will  reeullect  perfectly  that  he  said  (Ui 
that  occasion  that  such  would  be. our  riglit  ;  and  such  \»'as  the  un- 
derstanding, that  if  we  gave  our  votes  in  favor  of  the  bill  we 
were  to  be  regarded  as  voting  for  the  supplies,  but  not  in  favor  of 
the  preamble.  This  is  the  simple  fact  of  the  c;ise,  and  that  such 
was  the  understanding  is  well  known.  A  Senator  now  deceased, 
(Mr.  Si'KiGiiT)  disiiiicily,  and  (r\cr  and  over  again  said  that  such 
was  the  unilcrstanding  with  regard  to  our  vole.  It  is  a  gross 
misconception  then  to  suppose  that  we  voted  for  the  preamble  or 
ever  meant  to  vote  for  it.  I  liope  this  statement  will  be  sufficient 
to  prevent  any  injustice  being  done  us  upon  this  subject  in  all  fu- 
ture time. 

Mr.  UPHAM. — I  thank  the  honorable  Senator  for  the  additional 


February   15.] 


THE  TEN  REGIMENT  BILL 


291 


iiiformalion  he  has  given  upon  the  sultjcct — ihe  oountry  should 
have  the  wholo  truth  in  roj^anl  to  the  matter-  Appeals  were  IVe- 
([uently  made  to  Senators  on  the  oilier  side  of  the  chamber,  to 
strike  out  the  preamble  to  th«^  bill,  as  no  evidence  of  its  truth  had 
been  exhibiled,  am\  takn  a  unanimous  vote  for  the  supplies;  but 
they  refused  to  do  it.  We  mu'JL  vote  for  the  bill  as  it  was,  they  said, 
or  take  the  responsibility  of  votins;  arrainst  it  General  Taylor 
had  been  ordered  to  the  left  bank  of  the  Rio  Grande  with  a  small 
foree.  and  fo^'rs  were  entertained,  that  he  would  be  unable  to  sus- 
tain himself  without  reinforeements;  and  the  bill  was  passed  for  his 
relief.  No  intimation  was  made  by  th''  Excuulive,  that  the  war  had 
been  wa^ed  with  a  view  to  the  permanent  aeijuisition  of  Mexican 
territory  by  eimcpiest.  The  messa'^e  declared  it  to  be  a  war  of  de- 
fence, and  not  of  ao^irression.  "  Mexico,"  says  the  mes;>i^e,  *'has 
passed  the  bcjundary  of  the  United  States,  has  invaded  our  leirito- 
rVj  and  shed  Anieriean  blood  upon  the  American  soil."  To  enable 
the  President  to  repel  this  invasion,  and  "  to  prosecute  the  war  to  a 
speedy  and  successful  termination ;■*'  I  voted  for  the  bill  of  the  13th 
May,  ]-'^4(>.  Well,  sir,  what  said  the  President  in  reijard  to  the 
war,  in  bis  message  of  December,  1846?     Hear  his  lantjuaj^e — 

"  Tlio  war  lia?  not  been  wa^eil  with  a  view  to  confiucst;  but  Iiavini-  bren  (.-oni 
tiient'ed  by  Mexico,  it  has  been  carried  into  the  enemy's  country,  and  will  he  vigorous- 
ly nro^eculPii  there,  vvilli  a  \  if  u'  to  obtain  ;mi  honorable  ju-aue." 

Here,  sir,  conquest,  Svitb  a  view  to  permanent  occupancy  of  Mex- 
ican territory,'  is  disavowed.  The  war  had  been  carried  into  Mex- 
ico, to  cripple  her  power,  and  compel  her  to  make  an  honorable 
peace.  Again,  sir,^  the  President,  in  his  message  of  August  4th, 
18-16,  says— 

"  Kriuallv  anxious  lo  terminate,  by  a  peace  honorable  to  both  parties,  as  \  was  ori- 
Cinally  to  avoid  the  existinc  war,  I  have  deemed  it  my  duty  again  to  extend  the  olive 
branch  to  Mexico.  Should  the  ROvernment  of  that  republic  accept  ihe  offer,  in  the 
same  friendly  spirit  by  which  it  was  dictated,  negotiations  will  speedily  coiiiinence  for 
the  ronchision  of  a  treatv.'' 

A  pence  honorable  to  both  parties  was  the  object  desired.  "The 
chief  dilhculty  to  be  anticipated  in  the  negoeiation,'' says  the  Presi- 
dent— 

"  Is  the  ndjostmenl  of  the  boundary  between  the  parties,  by  a  line  which  shall  he  at 
once  sntisfaclory  and  convenient  to  both,  and  such  as  neither  wdl  hereafter,  be  in- 
clined todisrurb.  This  is  the  I>pst  nicieof  socurins  perpetual  jjeace.  and  good  neigh- 
borhood lii^tween  the  two  republics.  Should  tlie  Mexican  governinent,  in  order  lo  ac- 
ronipli-h  tlicir  object,  be  willing  to  code  any  ),ortion  of  tlieir  territory  lo  the  Uniteil 
Staler,  weonijht  to  p;iy  them  a  fairetpiivalenl;  a  Just  and  honorable  jjeace,  and  not 
connnest.  b-^ius  our  purpose  in  the  prosecution  of  the  war." 

The  boundary  question  was  the  matter  indifference  between  the 
two  countries — and  should  the  Mexican  government,  for  the  pur- 
pose of  establishing  a  line  convenient  for  both  parties,  be  willing 
to  cede  a  portion  of  her  territory  to  the  United  States,  we  ought 
to  pay  a  fair  equivalent  for  it.  No  cession  of  territory  was  to  be 
required  without  the  free  consent  of  the  Mexican  government.  But 
this  is  not  allj  sir;  the  President  asked  for  an  appropriation  of  $3, 
000,000,  to  enable  him  to  advane  a  portion  of  the  consideration 
money  for  any  cession  of  territory  the  Mexican  government  miirht 
be  wdling  to  make.  The  character  and  objects  of  the  war  havincr 
been  thus  announced  to  Coniji-ess  and  the  country,  I,  with  most  of 
the  Senators  on  tiiis  side  of  the  chamber,  at  the  last  session  of  Con- 
ijrcss,  voted  men  and  money  for  its  prosecution.  And,  sir,  to  show 
tiiat  our  votes  were  given  with  no  view  to  the  aequisiiion  of  Mex- 
ican territory  by  conquest.  I  refer  to  the  amendment  offered  by 
the  honorable  Senator  from  Georgia,  (Mr.  Berrien,)  to  Senate 
bill,  Nf».  10.^,  '*  making  further  appropriation  to  bring  the  existing 
war  with  Mexico  to  a  speedy  and  honorable  coaelusion,'' — com- 
monly called  the  three  million  bill. 

The  following  are  the  words  of  the  aniprdment  : 

"  I'rovitlfd  always,  and  it  is  hereby  declared  to  be  the  true  intent  and  meantng  of 
Congress,  in  making  this  appiojiri.ilion.  that  the  war  with  Mexico  ought  not  to  be 
prosecuted  by  ihW  government,  with  any  view  to  the  dismembcmieni  of  that  republic, 
or  to  th'  acquisition,  by  comment,  of  any  poiliou  of  her  territory.  Tiial  this  govern- 
ment, evei  desirous  lo  inaiiilaui  and  preserve  peaceful  and  friendly  relations  with  all 
nations,  and  particularly  with  the  neisiiboiing  republic  of  Mexico,  will  always  be 
ready  to  enter  npon  negotiations  with  a  view  to  terminate  the  present  unhappy  con- 
flict, on  lerni!*  wdiicli  shall  secure  the  Just  rishts.  and  pieseri'e  inviolate,  the  national 
honor  of  the  United  States  and  Mexico.  That  it  is  especially  desirable,  in  order  to 
maintain  and  preserve  those  amiable  relations  which  ought  always  to  exi-t  between 
migtitmiing  republics,  that  tiie  boundary  of  the  State  of  Texas  should  lie  definitively 
■e;iled.  anfl  tiiat  provision  be  male  by  the  repnblic  of  Mexico,  for  the  prompt  and 
e'[  litahli-  .iljiislnient  of  tb-^  Just  claims  of  our  citizen^  on  that  refjubho." 

On  the  question,  *'shall  this  amendment  be  adopted  ?"  it  was  de- 
termined in  the  negative,  by  a  vote  of  yeas,  twenty-four — -nays, 
twentv-nine — every  Senator  on  this  side  of  the  chamber,  with  the 
cxceplinn  of  Mr.  Johnson  of  Louisiana,  voting  in  the  affirmative. 
Here,  sir;  is  the  recorded  opinion  of  the  whigs  of  the  Senate,  that 
this  war  ought  not  to  bo  prosecuted  with  a  view  to  the  acquisition, 
by  conquest,  of  any  portion  of  Mexican  territory. 

And  here  too  is  the  recorded  opinion  of  the  democracy  of  the 
Senate,  in  direct  opposition  to  that  expressed  by  the  whius.  The  issue 
is  fairly  joined — and  to  the  country  I  am  perfectly  ^^-illin^  to  sub- 
mit the  decision  of  the  question.  1  have  shown,  I  think,  sir,  by 
evidence  which  Senators  on  liie  other  side  of  the  chamber  are  not 
at  liberty  to  dispute,  that,  up  to  the  close  of  the  last  session 
of  Congress,  the  aequisiiion  by  conquest,  of  Mexican  territory 
was  disavowed  by  the  Executive.  What,  sir,  is  the  character  of 
the  war  now?  for  what  purpose  is  it  to  be  prSsecuted  ''with  in- 
erea'^ed  energy  and  power  in  the  more.vital  parts  of  the  enemies 
),-ountry?-'  It  is,  sir,  to  compel  Mexico  to  cede  to  the  United 
Stales  nearly  one  half  of  her  republic— more  than  700,000  square 
miles  of  her  territory,  and  more  than  three  Imndrcd  thousand  of  her 
people.  This  cession  of  tetTimry  is  demanded,  it  is  said,  because 
Mexico  has  protracted  the  war  by  obstinately  refusing  to  receive 
the  olive  branch  when  offered  by  our  government.  Mexico,  it  is 
true,  agreed  to  receive  a  commissioner  to  adjust  the  question  of 
boundary  between  the  two  governments,  but  the  President  sent  a 
resident  minister,  and  she  rejected  him — expressing-  however  at 
the  same   lime  her   willingness  to  receive  him  in  the  character  of 


commissioner.  But.,  sir.  did  she  reject  the  olive  branch  when  of- 
fered by  commissioner  Trist  at  the  gates  of  her  capital?  No,  sir,  she 
received  it  crimsoned  as  it  was  with  the  blood  of  her  slaushtered  wo- 
men and  children.  And  what  were  the  te^m^,  of  peace  offered  by  our 
government?  They  were  first,  thft  Rio  Grande  for  our  western 
boundary  ;  second,  the  cession  to  the  United  Slates  of  New  Mexi- 
co and  the  two  Californias  ;  and  third,  a  right  of  way  across  the 
Isthmus  of  Tehuantepec.  And  in  consideration  of  these  demands, 
if  conceded,  we  proposed  first,  to  renounce  all  claims  for  the  ex- 
penses of  the  war  ;  second,  to  assume  and  pay  the  t;laims  of  our 
citizens  on  the  Mexican  government  (supposed  to  be  about  $.^,000, 
000,)  and  third,  to  pay  Mexico  such  additional  sum  in  money  as 
the  territory  ceded  might  be  worth  over  and  above  our  claims  lipon 
her  government.  The  sum  oftered  by  Mr.  Trist  is  stated  to  havo 
been  from  fifteen  to  twenty  millions  of  dollars — and  that,  too,  after 
our  demand  had  been  reduced  to  the  ultimatum  of  the  President. 
Well,  sir,  what  was  the  reply  of  the  Mexican  government  to  our 
demands?  It  was,  in  the  language  of  the  Mexican  coraraissioners 
to  Mr.  Trist,  that 

"The  existing  war  was  undertaken  solely  on  account  of  the  territory  of  the  State  of 
Texas.  resjK'clin^  which,  the  North  American  republit^  jjresent'i  as  it*  title  the  ad  of  Ihe 
said  Stale  by  which  it  was  annexeil  to  the  North  American  confederation,  after  having 
proclaiiii'?d  its  iiidep^'iidcnee  ot"  I\Iexico.  The  Mexican  republic  offering  (as  we  have 
informeil  your  exct  Mcnryi  to  consent,  Utr  a  proi>er  indemnification,  to  prenlenston^  of 
the  government  of  \Va>iiini;lon  to  the  territory  of  Tcx-t?,  the  canse  of  the  war  ha*  dih- 
a|)pcnred,  and  the  war  itself  ought  to  cease,  since  there  is  no  warrant  for  itsi-onlinu- 
aiic.  To  the  other  territories  mentioned  in  Ihe-llh  article  of  your  excellency '^  draught, 
no  right  has  heJetofore  been  asserted  by  tlie  repnblic  of  North  America,  nor  rlo  we  be- 
lieve il  possible  for  it  to  a«sert  any,  consequently,  it  could  not  acquire  them  except  bv 
the  right  of  conquest,  or  by  the  title  which  will  rpsiill  from  the  ce^sion  or  sale  which 
Mexico  might  now  make.  But.  a.*  we  are  per»nadpd.  that  Ihe  republic  of  Washington 
will  not  only  absolutely  rejiel.  but  will  hold  in  abhorrence  (he  first  of  these  titles,  and 
;is,  on  theo'her  hand,  it  would  be  a  new  thing,  and  contrary  to  every  idea  of  juatice, 
to  make  war  upon  a  peo[de  fo'  no  other  reason  than  l>ecaiise  it  refused  to  sell  lerrilotr 
which  it-s  neighbor  souglit  to  buy,  we  'e.\|M'Ct  from  the  justice  of  the  goverment  and 
people  of  North  America,  that  the  am[)Ip  niodilicaliim  which  we  have  to  pro|K)ae  (o 
the  cession  of  territory,  contemplated  in  the  4th  article  will  not  be  a  motive  to  (KTsi^t 
in  a  war  which  the  worthy  General  of  the  North   American  troops  has  justly  styled 

In  regard  to  the  Rio  Grande  as  the  western  boundary  of  the 
State  of  Texas,  and  the  cession  of  Lower  California,  the  com- 
missioners say  : 

"That  i\Ie.\ico  cannot  cede  the  belt  wliich  lies  between  the  lef>  bank  of  the  nra\o 
(Rio  Grande)  and  the  right  of  the  Nueces.  The  reason  ciitprt.iined  for  thi» 
is  not  aJone  the  full  certainty  that  such  territery  never  belonged  lo  the  Stale  of  Tesas, 
nor  is  it  founded  upon  the  great  valiie  in  the  abstract  which  i<  placed  upon  it  It  ii 
because  that  tract,  toirelher  with  the  Bravo,  fRio  Grande]  forms  the  natmal  fronuer  of 
JMe\ico,  bo'Ii  in  a  military  ami  commercial  sense;  and  the  frontier  of  no  Slate  oiight 
to  be  sought,  and  no  State  should  consent  to  abanrlon  its  frontier.  Rut.  in  order  lo 
remove  aJl  causes  of  trouble  hereafter,  the  government  of  .Me.xico  eng.ige*  not  to  found 
new  settlements  nor  establish  colonies  in  the  space  between  the  two  rivers;  5o  that  re 
maining  in  its  present  Huinhabited  condition,  il  may  .serve  as  an  e(|ual  security  to  both 
rpr"'bhcs.  That  Lower  Califo  nia,  which  would  be  of  little  .advantage  lo  the  republic 
of  North  America,  offers  grea;  embarrassments  (o  Mexico  considering  the  position  of 
lliat  peninsula,  opposite  our  coast  of  Souora,  from  which  it  is  separated  by  the  narrow 
gulf  of  Cortes.  Your  Execllency  h?s  appreciateil  our  remnrks  on  this  point,  and  we 
have  been  gratified  to  see  that  you  have  yielded  to  them.  The  preservation  of  Lower 
i'ahfornia  would  be  enougli  to  make  it  indi^^pensable  to  ki.>ep  a  part  of  Up|>erCahfornia; 
for,  otherwise,  that  peninsular  wonld  be  without  any  communication  bv  land  with  the 
rest  of  the  republic,  which  is  always  a  great  embarrassment,  especially  for  a  )iower  hke 
Mexico,  which  is  not  maritime." 

As  to  the  cession  of  New  Mexico  the  language  of  the  Mexican 
Minister  is, 

"  We  can  not  yield  New  Mexico,  whose  inhabilanls  have  manifested  their  will  to 
makea  part  of  the  Mexican  familv  with  more  enthnsiasm  than  any  other  of  therepoh- 
lic.  These  deserving  Me.\ican5,  abandoned  to  their  fate  by  some  administrations — with- 
out protection.  ?o  many  times,  even  from  the  incursions  of  tlie  savages — have  been  th« 
Mexicans  most  truly  patriotic;  because,  forgelling  their  domestic  complaints,  they 
h'ive  only  agreed  that  they  are  and  wish  to  be  of  the  family;  e.xposing  and  sacrificing 
themselves  already  many  times  to  the  vengeance  of  their  invailer,  which  has  been  ex- 
cited against  them,  and  disconcerted  and  discovered  their  plans,  they  have  again  con- 
spired. And  to  these  Alexicans  can  a  covernment  20  and  sell  lliem  like  cattle?  Never! 
And  if  perish  by  that,  the  nationality  of  Ihe  rest  of  the  republic,  we  will  all  perish  to- 
gether." 

And  as  to  the  right  of  way  across  the  Isthmus  of  Tehuantepec, 
the  commissioners  say 

"That  some  years  since  the  government  of  the  republic  granted  to  a  private  con- 
tractor a  privilege,  with  reference  to  this  object,  which  was  ^oon  transferred;  with  Ihe 
sanction  of  the  government,  to  Engliih  subjects -of  whose  rights  Mexico  cannot  dis- 
pose." 

These  are  the  reasons,  sir,  assigned  by  the  Mexican  government 
for  rejecting  the  terms  of  peace  ofTered  by  Mr.  Trist,  and,  in  the 
present  posture  of  afihirs,  without  a  word  of  comment,  I  submit 
them  to  the  Senate  and  the  country. 

But  Mexico  did  not  here  throw  away  the  oKvc  branch  and  seize 
the  sword.  No,  sir,  she  offered  her  project  of  a  treaty,  by  which 
she  proposed  first,  to  yield  Texas  proper  to  the  United  States  ; 
second,  to  maintain  the  desert  country  between  the  Nueces  and 
the  Rio  Grande  in  its  uninhabited  state  as  a  national  frontier  ;  and 
third,  to  cede  to  the  United  States  more  than  one  half  of  Upper 
California,  including  the  port  and  bay  of  San  Francisco.  The  ter- 
ritory she  proposed  to  cede  comprises  about  200.000  square  miles, 
or  an  area  larger  than  all  New  England,  New  York,  New  Jersey, 
Pennsylvania,  Delaware,  and  Maryland.  This  proposition  was 
rejceted  by  our  commissioners,  and  hostilities  were  renewed.  ''The 
boundary  of  the  Rio  Grande,"  says  the  President, 

"And  the  cession  to  the  I'niled  States  of  New  Mexico  and  Upper  California,  coti- 
stitnted  an  ullimatum  which  our  commissioner  w;ia,  nnder  no  circumstances,  to 
yield." 

Mr.  Trist,  therefore,  was  bound  lo  reject  the  terms  of  peace  of- 
fered by  Mexico. 

"The  terms  of  a  treaty  proposed  by  the  Mexican  commissioners."  says  the  President 
"were  wholly  inadmissible.  Tliey  negociated  as  if  Me.xii-o  were  the  victorious  mid  not 
the  vanquished  party.  It  contained  no  provision  for  the  payment  by  Mexico  of  the  just 
claims  of  our  citizens." 

Is  this,  sir,  a  just,  true,  and  impartial  representation  of  the 
terras  of  peace  proposed  by  Mexico  ♦  Did  she  take  the  stand  of  a 
victorious  party,  and  claim  concessions  from  us  ?  Did  she  refuse 
to  make  provision  for  the  payment  of  the  just  claims  of  our  citizens? 
What  consideration,  sir.  was  she   to  receive  for  the  two   hundred 


292 


THE  TEN  REGIMEMT  BILL. 


[Tuesday, 


t  housaml  square  miles  of  territory  she  proposed  to  cede  lo  llie  Uni- 
ted States,  itut  a  discliarCTC  IVom  those  claims?  I  am  not  prepared 
to  estimate  the  value  of  the  territory  Moxieo  proposed  to  co  le  to 
the  United  States.  It  may  have  lieen  insulficient  to  pay  the  just 
claims  of  our  citizens  upon  that  f^oveniment;  but  the  port  and  bay 
of  San  Francisco  alone,  I  know,  have  been  considered  of  f^'reat 
value  to  the  United  States. 

It  does,  however,  appear  from  the  messaije,  that  the  cession  of 
territory  demanded  by  our  commissioner,  was  of  greater  value  than 
a  fair  equivalent  for  our  just  demands;  for  be  "  was  authorized  to 
stipulate  for  the  payment  of  such  additional  pecuniary  considera- 
tion as  was  deemed  reasonable." 

Now,  sir,  I  propound  to  Senators  on  the  other  side  of  the  cham- 
ber thisqucslinn:  Was  it  jusl  and  honorable  to  demand  of  Mexico, 
with  a  victorious  army  thunderintr  at  the  gates  of  her  capital,  a 
cession  of  territory  of  greater  value  than  a  fair  equivalent  for  oiir 
just.demands?  This  is  an  important  question,  and  I  hope  it  will 
he  answerod  before  the  debate  closes- 

But,  sir,  the  war  is  now  raging,  and  to  show  the  purpose  for 
■which  its  more  vigorous  prosecution  is  recommended  and  desired, 
]  refer  to  the  last  annual  message  of  the  President.     He  says  that 

"  .'-Jiin-f  tlie  litt('r;il  jiroposition  of  the  T.'nited  Slates  wa.s  aut!iori/,i-il  to  tie  miule  in 
April  last,  lart-n  expeiiclitures  have  been  incurred,  and  tlie  jirecion^  blood  of  many  of" 
our  iialrrotic;  fellow  eiti/.ens  l.a*  been  shed  in  tlie  proseeulion  of  the  war.  Tliis  con- 
sideralion,  and  the  obstinate  perseveraiiee  of  Mexieo  in  protraetin'4  the  war,  innst  in- 
flnenre  the  terms  of  peare  which  it  may  be  deemed  proper  hereafter  lo  aeeept. 

■•  t>nr  arms  having  been  everywhere  victorions,  having  subjected  to  our  military  oe- 
eapation  a  lar;;e  portion  of  the  enemy's  country,  including  his  capital,  and  negotia- 
tions for  peace  having  failed,  the  iniporlant  rpiestions  arise,  in  what  manner  the  war 
ought  to  he  proseciiled  ?  and  what  should  lie  our  future  policy  ?  I  cannot  donlit  that 
we  should  secure  and  render  availal)Ie  the  conquests  which  we  have  already  made;  and 
that,  with  this  view,  we  should  hold  and  occu;iy.  by  our  naval  and  military  forces,  all 
the  pons,  towns,  cities,  and  provinces  now  in  our  ucciipation,  or  whiidi  may  hereafter 
fall  into  onr  possession;  that  we  should  press  forward  our  niililary  operations,  and  le\  v 
such  military  contributions  on  the  eneray.  as  may,  as  far  as  practicable,  defray  the  fu- 
ture expense  of  the  war. 

"  Had  the  government  of  Mexico  acceded  to  the  e(|uitable  and  liberal  terms  pro 
posed,  that  mode  of  adjustment  would  have  been  preferred.  Mexico  having  deidined 
to  do  this,  and  failed  to  offer  any  oilier  terms  which  could  be  accepted  by  the  United 
States,  the  national  honor,  no  less  than  the  public  intere-sUs,  requires  that  the  war  should 
be  prosecuted  with  increased  energy  and  power,  until  a  just  and  satisfactory  peace  can 
be  oiilaiiicd.  In  the  iiieaiitime,  as  iSIcxico  refuses  all  indemnity,  we  should  adopt 
iiieruures  to  indemnify  ourselves,  by  appropriating  permanently,  a  portion  of  her  terri- 
tory. Early  after  the  commencement  of  the  war.  New  Mexico  and  tlie  Califonilas 
we're  taken  possession  of  by  our  forces.  Our  military  and  naval  commanders  weie 
ordered  to  conquer  and  hold  them,  subject  to  be  disposed  of  by  a  treaty  of  peace. 

"These  provinces  are  now  iu  our  undisputed  occupation,  and  have  been  so  for  many 
months:  all  resistance  on  the  part  of  Mexico  having  ceased  within  their  limits.  I  am 
satisfied  that  Ihey  should  never  be  surrendered  to  Mexico.  Should  Congiess  concur 
with  ine  in  this  opinion,  and  that  they  should  be  retaiued  by  the  Lfnited  States  as  in- 
demnity. I  can  perceive  no  good  reason  why  the  civil  jurisdiction  and  laws  of  the  thii- 
led  States  should  not  at  once  be  extended  ovei  them.  To  wait  for  a  treaty  of  peace, 
such  as  we  are  willing  to  make,  by  which  our  relations  towards  them  won'd  not  be 
changed,  cannot  be  good  policy;  whilst  our  own  interest,  and  that  of  the  people  iii- 
liabiling  them,  require  that  astable.  responsible  and  free  government  under  ourauthot- 
ity  should,  as  soon  as  possible,  be  eslatilished  over  them.  .ShouM  Congress,  therefore, 
deteriiiinc  to  hold  these  provinces  permanently,  and  that  they  shall  hereafter  be  con- 
sidered as  constituent  parts  of  our  country,  the  early  eslalilishment  of  territorial  gov- 
ernments over  tliciii  will  be  important  for  the  more  perfect  proleeuon  of  pen;ons  and 
proiicrlv;  and  [  recommend  that  such  terrilorial  governments  be  established." 

"Had  the  Mexican  government  acceded  to  the  equitable  and 
liberal  terms  propcsed  last  April,"  a  cession  of  about  one  half  of  her 
republic  would  have  satisfied  tiie  President  ;  but  her  rejection  of 
our  terms,  and  the  large  expenditures  of  blood  and  treasure,  occa- 
sioned by  the  renewal  of  hostilities,  ■' must,"  he  says  "  intlueneo 
the  terms  of  peace  which  il  may  be  deemed  proper  hereafter  to 
accept."  How  much  he  inteiids  hereafter  to  claim,  he  has  not 
condescended  to  inform  us.  New  Mexico  and  the  Californias,  he 
says,  are  in  our  possession,  and  ought  never  to  be  surrendered  to 
Mexico. 

The  other  Mexican  provinces  in  our  possession  ai'e  to  be  held  as 
a  means  of  coercing  Mexico  to  accede  to  our  terms  of  peace. 
Well,  sir,  what  are  our  terms  of  peace?  What  does  the  President 
desire  to  coerce  Mexico  'odo?  Why,  sir,  to  sell  us  fifteen  or 
twenty  millions  of  dollars  worth  of  her  territory.  This  is  the  plain 
Enirlish  of  the  whole  matter,  and,  in  my  judgment,  it  is  a  pro- 
ceeding dishonorable  to  the  country  and  I  will  wash  my  hands  of 
all  participation  in  it.  If  we  must  take  Mexican  territory  to  pay 
the  claiiTis  of  our  citizens  upon  that  government,  let  us  be  content- 
ed with  a  cession  sufficient  for  that  purpose  Mexico  is  under  no 
ohliualion  to  sell  us  her  territory,  and  the  war  ought  not  to  be  con- 
tinued for  a  single  hour,  to  compel  her  to  do  it.  But  this  measure 
has  been  ri'couimended  by  the  administration,  and  the  honorable 
Senator  front  Arkansas.  (Mr.  Sevieh,)  says,  that  is  sufficient  fur 
him.  It  is  not  sudieient  for  me.  I  must  act  on  my  own  respon- 
sibility, and  not  on  the  responsibility  of  the  Executive.  I  must  be 
satisfied  that  the  measure  is  neces>ary  to  vindicate  the  rights  and 
sustain  the  honor  of  the  country,  before  1  can  support  it. 

Again,  sir,  it  has  been  more  than  intimated  by  honorable  Sena- 
tors on  the  other  side  of  the  chamber,  who  have  participated  in  this 
debate,  that  the  only  test  of  true  patriotism  and  real  love  of  country 
is  a  cordial  support  of  all  the  measures  recommended  by  the  ad- 
ministration fur  the  further  prosecution  of  this  w,ar;  and  that  oppo- 
sition  to  them  is  opposilion  to  the  eountrv.  and  taking  sides  with 
the  enemy.  Sir,  1  claim  to  be  as  patriotic,  and  as  reaily  to  stand 
by  the  country,  in  peace  and  in  war,  as  Senators  over  the  way. 
But  it  is  one  thing  to  stand  by  the  country,  and  quite  a  difl'ereiit 
thing  to  stand  by  the  ailministration.  In  standing  by  the  country, 
I  find  myself  compelled  to  oppose  the  mea>ures  recommended  by 
the  administration,  because,  in  my  judgment,  if  carried  out,  they 
would  prove  ruinous  to  the  country.  But,  Mr.  Prcsidtuit,  Ihe  hon- 
ornhle  Senator  from  Illinois,  (Mr.  Douglas,)  said  he  was  sur- 
prised to  bear  this  war  and  the  recommendations  of  the  President 
for  its  vigorous  prosecution  denounced,  "especially  from  those  Sena- 
tors who  voted  for  all  the  war  measures  of  the  last  session  and  the 
preceding  one."    The  war  incasuies,  sir,  for  which  wo  have  here- 


tofore voted,  were  recommended,  the  President  informed  us,  with 
no  view  to  the  acquisition  of  Mexican  territory  by  conquest — a 
just  ami  honorable  peace,  and  not  the  forcible  dismemberment  of 
the  Mexican  republic,  was  the  purpose  avowed  for  the  prosecution 
of  the  war.  But,  sir,  the  war,  since  the  last  session  of  Congress, 
has  assumed  a  new  character.  Its  more  vigorous  prosecution  is 
now  recommended  for  a  new  object,  and  one  that  we  have  never 
approved,  but  unil'ormlv  condemned.  Wc  have  never  voted  men 
nor  money  for  sutdi  a  war  as  the  Presitlent  now  avows  this  to  be. 
The  war  for  which  we  voted  supplies  was  a  war  "waged  with  no 
view  to  conquest." 

The  honorable  Senator,  therefore,  ought  to  feci  no  surprise  at 
the  stand  we  take  against  this  bill. 

But,  sir,  I  will  leave  this  subject  and  pass  to  a  brief  review  of 
the  me:isiires  which  occisioncd  the  war,  viz:  the  annexation  of 
Texas,  and  the  order  of  the  i3th  of  January,  1846,  for  the  march 
of  the  army  from  Corpus  Christi  to  the  left  bank  of  the  Rio 
(irande.  For  these  two  mc;isures  the  democratic  party  and  the 
President  are  responsible.  And  I  therefore  charge  iijion  them  this 
war,  and  all  the  blood  and  treasure  it  has  cost  the  country.  The 
annexation  of  Texas  was  a  strictly  (larty  measure.  It  was  a 
schoine  devised  hv  the  democracy  of  the  South  to  prevent  the  abo- 
lition of  slavery  iir  Texas;  and  when  first  announced,  it  met  with 
no  favor  from  ihe  democracy  of  the  north.  It  was  denounced  with 
great  vicdence.  and  in  language  somewhat  offensive,  by  the  party 
press,  and  in  the  conventions  of  the  people.  The  Globe,  the  lead- 
ing democratic  press  in  this  city,  joined  in  the  opposition,  and  it 
was  i;ontinucd  up  to  the  meeting  of  the  democratic  convention  in 
Baltimore  in  May,  IH44.  No\^■,  sir,  as  the  honoraqle  Senator  from 
Illinois  thought  it  his  duty  to  convey  through  the  Senate  to  the 
country  the  denunciations  of  a  portion  of  the  clergy  and  the  press 
against  the  war  of  1812,  I  will  follow  his  example,  and  present  to 
the  country  the  denunciations  of  the  northern  (lemocracy  against 
the  annexation  of  Texas,  when  the  scheme  was  first  announced  to 
the  country.  I  shall  do  this,  .sir,  with  no  view  te  cast  reproach 
upon  the  people  of  Texas,  but  to  show  that  with  the  northern  de- 
mocracv,  obligations  to  country  are  sometimes  overcome  by  obli- 
gations to  party. 

On  the  20th  of  November,  1.S43,  the  Dover  Gazette,  N.  H.,  a 
democratic  paper,  in  an  article  against  annexation,  spoke  of  Texas 
in  the  following  language: 

"Texas  can  hardly  be  in  a  woise  state  than  it  is  now — the  most  wicked,  vile.  God- 
abandoned  jilace  of  which  we  have  any  knowledge—  its  history  would  make  the  savage 
blush  with  shame.  t  *  *  Vet  tliere  aresome  who  desire  to  eflect  an  union 
between  Texas  and  this  country,  as  if  we  had  not  enough  guilt  and  crime  already 
up&tl  onr  shoulders.  Iff  wLsfl  rnthcr  tlint  we  eoiUdJir  «n  impintfible  t^ru/f  betiteev  «.,- 
nv'l  /V.s  hariln-s.  thttt  itx  hrrnfh  of  pestUcnce  might  never  reacli  our  sherres.  Heaven 
save  us  from  a  union  with  Te.xas. 

The  New  Hampshire  Nashua  Gazette  (democratic  paper)  of 
November  9,  1843,  in  speaking  of  the  annexation  of  Texas  said  : 

"The  object  and  design  throughout  all  is  black  as  ink— bitter  as  hell." 
"VVehopc,  and  sincerely  trust  Iheie  will  he  no  truckling  on  the   part  of  our  northern 
representatives,  when  this  mighty  project  shall  come  n]i  before  iheni  ill  all  lis  question- 
able shapes." 

The  New  Hampshire  Patriot  (democratic  paper)  of  November 
23,  1843,  speaking  of  annexation  said  ; 

"He.  (the  President)  and  his  gang  will  probably  attempt  to  throw  this  question  into 
Congressas  a  tire  brand.  It  may  produi^e  mischief,  hut  we  tnist  that  the  democrats 
have  good  sense  enough  to  avoid  being  distracted  by  the  acts  of  the  enemv." 

The  Dover  Gazette,  New  Hampshire,  in  the  fall  of  1843,  in  an 
article  against  the  admission  of  Texas,  among  other  things,  said  : 

"The  adiiiission  of  Te.xas  into  the  Union  would  be  a  public  disgrace,  and  disgrace 
lis  in  the  eves  of  all  I  he  civilized  world.  It  would  array  against  us  the  moral  influence 
of  all  Christendom,  and  draw  upon  us  the  just  retribution  ofan  otfeildcd  flod." 

At  a  democratic  convention  held  at  Kcadfield,  Maine,  in  the 
summer  of  1843.  to  nominate  a  candidate  for  Congress  for  the  3d 
Congressional  Disirict,  the  following  resolution  was  adopted  : 

Rpsii/vr'l,  That  the  improiiriety  and  luexpeaiency  of  the  annexation  of  Texas  to  the 
t'liiled  Slates,  oppose  insuperable  objections  to  its  admission  into  the  Union;  and 
that  the  silly  repvesentaliou  of  federal  presses  that  Ihe  democratic  party  are  in  alliance 
uilh  the  slave  power  of  the  South,  in  a  systematic  design  to  eftect  the  admission  of 
Texas,  is  entirely  unsupported  by  any  tacts,  or  by  the  slightest  indications  iu  any 
qnailer,  giving  such  a  supiKisition  the  opprnrnnci  of"  truth;  and  is,  therefore,  a  wilful 
and  deliberate  lahricaliou  of  the  federal  p.irlyfoi  base  and  partisan  piir|K)ses." 

Here.  Mr.  President,  we  have  the  views  of  the  patriotic  demo, 
cracy  of  the  3d  Congressional  District  in  Maine  upon  the  subject 
of  Texas  annexation.  The  charge  that  Ibe  democratic  party  were 
in  favor  of  the  measure,  is  declared  to  be  a  wilful  falsehood,  utter- 
ed bv  the  federal  party  for  base  and  partisan  purposes.  But,  sir, 
this  hostility  to  annexation  was  not  conhned  to  the  3d  Congrcs. 
sional  District'in  Maine,  Ihe  democracy  of  i  he  whole  State  opposed 
it  by  strong  resolutions  passed  in  the  House  of  Representatives  in 
the  winter  of  1843. 

Here,  sir,  are  the  resolutions  of  the  democratic  Legislature  of 
Massachusetts  passed  in  1S43  : 

liesofrrd.  That  under  no  (rirenmstances  whatever,  can  the  people  of  MassachuseM  s 
rcgaril  Ihe  proposition  to  admit  Texas  inlo'the  Union,  in  any  other  light  Hian  as  dan  - 
gerous  lo  its  conliniiance  iu  peace,  in  prosperity,  and  tn  Ihe  enjoyment  of  those  bless- 
ings which  II  is  Ihe  object  of  a  free  goveruinenl  lo  secute. 

Ixesi'/rril.  That  Ihe  Senators  and  Ileprescnialivesof  .^InssachuselLs.  in  the  Congress 
of  the  I'niteil  Slates,  be  n-qiiesled  to  sjiare  no  e.xerliijus  to  oppose— and,  if  possible, 
to  prevent— the  adopliou  of  the  proposition  inferred  to. 

lieso/reil.  That  Ins  excellency  tlie  governor  he  requested  to  ttansmit  one  copy  of 
these  resolutions  to  the  execulivt'^of  each  of  Ihe  United  Slates,  and  a  like  copy  lo 
each  Senator  and  Kepicsentativeiii  ("oiigiess  fiom  Massnchusells. 

The  democracy  of  Massacliu.setfs  regarded  the  admission  of 
Texas  into  the  Uliion  as  dangerous  to  its  perpetuity,  and  under 
no  circumstances  whatever,  could  they  con.scnt  to  it. 

Ex-President  Van  Buren  in  a  letter  to  Mr.  Hammett,  under  date 
of  April  20,  1814,  opposed  annexation,  because,  in  his  judgment, 
it  woiihl  involve  us  in  a  war  witli  Mexico. 

And  the  Washington  (ilobc  of  the  first  of  May,  1S44,  contains 
the  liillowing  editorial  article  : 

"  AVc  concn-wilh  !Mr.  Van  Uiircn  fully  and  coidi.illy  iiithis  view,  and  say  it  is  the 
only  wise,  houoraldc,  safe,  and  praclicnblu  courso.  Mcxieo  and  X*^.x^  ato  now  at  war; 


February  15.] 


THE  TEN  REGIMENT  BILL. 


293 


t  he  armistice  ailinil.s  il ,  (a  ciicunistance  of  wliii;h  wp  were  not  apprised  when  we  wrole 
onr  fii^t  article  on  tins  subjects  and  to  ado|it  tlie  Texans  as  our  citizens  at  this  lime.  U 
to  make  ourselves  a  narty  to  tiie  war.  and  to  take  upon  ourselves  the  bnsiness  of  its 
conclusion,  either  by  negotiation  or  Iry  arms.  It  requires  no  declaration  of  war  from 
Mexico  to  involve  us.  From  the  moment  we  admit  Texas,  we  make  her  a  territory  of 
the  Union:  and  it  would  he  unlawful  and  ]iunishahle  in  her  to  treat  with  I\Ie.\ico  or  to 
fight  alone  with  Mexico,  Thf  Ifnitcd  i^fales  alone  could  treat  or  tlglit;  and  thus,  from 
the  day  of  t!ie  rntilleation  of  Ibis  Ircatv.  the  United  States  and  Mexico  would  he  at 
war;  cjimnierce  between  them  would  ce;ise.  and  they  would  remain  at  war.  and  rom- 
mer.!e  remain  broken  up,  uiilil  tlie  negoliations  or  the  arms  of  the  United  States  termi- 
nated the  adopted  war.     This  is  clear  common  -^ense.  and  no  line  can  iteny  it." 

"  We  have  been  looUinfr  a  little  farther  into  the  pnbliihcd  docnment.s  whicli  aceoin- 
pniiy  the  treatv.  and  every  ste|i  amazes  us  more  and  more.  We  find  that  Lord  Alier- 
deeu  and  the  Uritish  mini.ster  here  ntu-rly  deny  the  Duff  Green  story,  sent  from  Loiirlon 
in  Aufiiistlast,  of  the  desi-iiis  of  F.nelaiid  upon  Texas,  which  is  m.ade  the  foundation 
of  tliis  whole  procccdiiip.  We  believe  it  can  ea.sily  be  proved  that  the  whole  srheme 
of  getting  up  the  Texas  i]ne-stinn,  {ireeiscly  as  that  question  now  is.  existed  long  before 
Oiitf  Green  fitrnishei.l  that  jirelcxt.  and  that  all  this  story  of  British  interference,  now 
)MiI  forth  as  the  pretext  for  the  moment,  hai  been  invented  since  the  movement  was 
organized."— (•«,./».  .Uui/I.  IM-l. 

"  If  the  general  goveriiiiient  should  take  this  step,  in  violation  of  Ihe  treaty  with 
Mexico,  would  Iheeharaclei  of  onr  country  be  left  to  our  posterity  the  same  noiile  and 
honorable  iiiherllance  which  svas  haildetl  down  to  us  by  Wa-shington,  JelVerson,  and 
Jackson  ! 

"  We  do  not  believe  the  great  mass  of  onr  eonnirymen  are  willing  to  sacrifice  the 
honor,  the  renown,  and  the  real  glory  of  thiscoiinlry  for  any  earthly  acquisition:  If. 
then.  Texas  bus  admitled.  "ay  asolciiin  proclaniation.  the  existence  of  a  war  lietwcen 
her  and  Mexico;  if  Ihe  government  of  the  1/ lined  States  has,  by  a  soicnin  oHlciai  docu- 
ment, declared  its  full  knowledge  that  this  is  the  slate  of  relations  between  Texas  and 
Mexico,  how  can  the  rrcsideiit  and  Senate  of  the  Uoiled  Slater,  without  sacrificing 
the  lionor  of  the  i-oiintr.'.  ailo|>t  this  war  with  Mexico,  in  liie  lace  of  ourtreBt.i  of  peace 
with  that  country. "  —  fr/e/'C,  .1/i//  I-i.    IH44. 

Here,  sir,  we  li;ive  not  only  ii  full  endorsement  of  Mr.  Van  Bii- 
ren's  views  against  annoxittion,  liut  a  strong  argument  showing 
that  Mexico  anj  Texas  were  at  war,  ami  that  tlie  ailoiition  of  the 
measure  woiiltl  make  us  a  party  to  the  war,  and  compel  us  to  bring 
it  to  a  eonelttsion,  either  by  negotiatton  or  by  arms.  Well,  sir,  as 
the  northern  demoeracv  antieipaled.  the  "  lire-lirand''  was  thrown 
into  Congress.  On  the  22d  of  April,  ISM,  President  Tyler  trans- 
mitted to  the  Senate,  for  ratilication,  a  treaty  annexing  the  lepub- 
Ife  of  Texas  to  the  United  States.  And  what  was  its  fate  ?  Why, 
sir.  il  was  rejoeted  by  a  vote  of  16  yeas  to  35  nays.  Every  diimo- 
cratic  Senator  frotn  tlic  north,  with  the  exception  of  Mr.  Wood- 
bury, from  New  Hampshire,  voted  against  it.  The  ri^jcetion  of 
the  treaty,  however,  was  Init  ;i  temporary  defeat  i  f  the  me.isuro. 
The  Baltimore  Convention,  asscmliled  for  the  purpose  of  nomina- 
ting democratic  candidates  for  President  and  Vice  President,  took 
the  foreign  relations  of  the  country  in  charge,  and  resolved  upon  the 
re-annexation  of  Texas  and  the  re-occupation  of  Oregon.  How,  Mr. 
President,  was  this  resolution  received  by  the  northern  democracv? 
IVew  York  rebelled  at  once.  The  leaders  of  tlie  jiarty  came  nut 
in  a  circular  denouncing  it  as  an  unatfthori/.cil  iuterpolation^into 
the  democratic  creed,  and  rcfitsed  to  sustain  it.  Mr.  Van  Bitrcn, 
their  favorite  catididate  for  the  Presidency,  had  lieen  rejected  liy 
the  eonventiar  tor  his  opposition  to  annexation:  .and  Mr.  Polk, 
^  known  to  be  IVientily  to  the  measure,  had  received  the  nomination. 
In  this  condition  of  things,  it  was  a  work  of  some  dillictilty  to  re- 
concile the  democracy  of  New  York  to  the  nominees  of  ihe  con- 
vention. But  difficult  as  the  task  seemeil,  it  was  at  length  .accom- 
piished.  The  hotiorable  Silas  Wrisht.  who  was  a  tiicmber  of  the 
Senate  in  1844,  atid  had  voted  against  the  treaty  of  annexation, 
and  who  was  known  to  be  strongly  opposed  to  the  moisure,  was 
nominated  as  a  candidate  for  governor.  This  nomination  recon- 
ciled the  democracy  to  vote  for  Mr.  Polk,  provided  no  democratic 
member  of  Congress  should  be  elected  who  was  not  ijledgeil 
against  annexation.  The  news  of  this  arrangement  of  fatnily 
dilBcultics  in  New  York  w-as  soon  conveyetl  to  the  New  England 
democracv.  Mr.  Wright's  notnination,  it  was  said,  would  secure 
New  York  to  Mr.  Polk,  atid  New  England  must  come  in  and  sus- 
tain the  ptirty.  Opposition  to  annexation  soon  began  to  die  away, 
and  m  a  few  weeks  the  whole  democratic  party  wheeled  into  the 
ranks  and  gave  their  support  to  the  nominees  of  the  convention. 

Now,  sir,  1o  keep  up  the  party  character  of  the  fiieasnre,  I  will 
go  back  to  the  resolution  of  annexation.  Ift  the  winter  of  1S45, 
after  the  election  of  Mr.  Polk,  a  joint  resolution  was  introduced 
into  the  House  of  Representatives  for  the  annexation  of  Texas  to 
the  United  States,  and  on  the  same  day  I  believe,  a  resolution  for 
the  s;ime  purpose  was  introdui.-cd  into  the  Senate — -On  the  2.itli  of 
January,  the  test  vole  was  taken  on  the  resolution  in  the  House  of 
Kepresentatives,  and  it  was  passed — Yeas,  113,  Nays.  106.  every 
whig  in  the  House,  with  the  exception  of  three  from  Tennessee, 
two  from  Georgia,  and  one  from  Alabama,  voting  in  the  negative. 
The  House  resolution  came  to  the  Senate,  and  the  honorable 
Seiiator  from  Alabama,  (Mr.  Bagby.)  atnong  others,  made 
an  able  speech  against  it.  He  denied  the  constitutional  power  of 
Congress  to  bring  into  the  Union  a  foreign  State,  by  a  joint  reso- 
lution— that  power  he  maintained,  belonged  exclusively  to  another 
branch  of  the  government,  viz;  the  treaty  making  power.  Af- 
ter this  avowal  of  the  Senator  from  Alabama,  that  he  could 
not  support  the  resolution  as  it  came  frotn  the  House,  Mr. 
Walker,  then  a  Senator  from  Mississippi,  moved  an  amendment 
conferring  upon  the  President  the  power  to  withhold  the  resolu- 
tion, if,  in  his  judgment  and  discretion,  he  should  deem  it  most 
advisable,  and  to  negotiate  w-ith  the  reptiblic  of  Texas  for  her 
admission  into  the  Union.  The  amendment  was  adopted.  A  motion 
was  then  made,  by  a  Senator  on  this  side  of  the  chamber,  to  strike 
out  the  first  and  second  sections  of  the  resolution  and  confine  the 
President  to  negotiation  alone  for  the  acquisition  of  the  country. 
This  motion  was  opposed  and  defeated — the  Senator  from  Alabama 
voting  with  the  majority.  The  resolution  was  then  passed  by  a 
vote  of  27  Yeas,  to  23  Nays,  every  democratic  Senator  voting  in 
the  affirmative,  and  every  whig  Senator,  with  the  exception  of  Mr, 
Henderson  from  Misssisippi,  Mr.  Johnson  from  Louisiana,  and 
Mr.  Merrick  from  Maryland,  voting  in  the  negative. 


Mr.  BAGBY. — I  do  not  suppose  for  a  motnent  that  the  Senator 
intends  to  do  me  the  sliffhtesl  itijusiice  in  reference  to  what  I  said 
then  or  at  any  time.  What  I  then  said  was — -and  I  repeat  il  now — 
that  I  never  would  vote  lor  the  resolutions  ;is  they  came  from  the 
House  of  Representatives,  but  that  1  would  sotc  for  the  propost- 
tion  as  amended  by  the  Senate.  1  disclaimed  the  idea  of  its  being 
indispensably  necessary  to  annc.\  Texas  by  treaty,  but  said  it 
might  be  done  by  tretity,  or  compact,  and  cited  the  compact  be- 
tween the  United  States  and  Georgia  in  1802  as  a  case  in  point. 

Mr.  UPHAM. — The  Senator  opposed  the  resolution  as  it  came 
from  the  House. 

Mr.  BAGBY.— Decidedly. 

Mr.  UPHAM. — No  consideration  could  induce  mc  lo  misreprc- 
scHt  the  honorable  Scn;iIor  in  any  speech  he  has  iiuidc,or  any  vote 
ho  has  given  upon  this  ipicstion.  1  alluded  to  the  speech  and  voles 
of  the  Senator  for  the  purpose  of  showing  ihat  the  first  and  se- 
cond sections  of  the  resolution  presented  to  the  republic  of  Texas 
never  had  a  m.-ijority  of  the  Senate  in  their  favor. 

The  democratic  "Senalors  frotn  the  North  who  voted  against 
annexation  in  1844,  voted  lor  it  in  1845.  Now,  what  happened 
in  the  nine  nionihs  that  elapsed  between  the  rejection  of  the 
trca'y  and  the  passage  of  the  resolution,  to  change  their  minds 
tfpofi'the  subjcci?  Were  the  objections  urged  against  the  measure 
less  formidable  in  1844  than  they  were  in  1845?  Was  annexation 
less  objectionable  to  the  democracy  of  the  North  a'tcr  it  become 
a  party  measure  than  it  was  before  it  assumed  a  p:irty  character? 
These  are  iptcstions  worthy  of  consideration,  and  on  some  conve- 
nient occasion  I  hope  they  will  bo  ;tnswercd. 

The  resolution  of  jinncxafiou  having  |i:isscil  bolli  houses  of  Con- 
gress, President  Tyler,  on  the  1st  of  March.  b^4."i.  approved  it; 
itnd  the  next  day  he  sent  olV  bis  messenger  with  tlircctioiis  to  sub. 
mil  the  first  and  second  sections  of  the  resolution  to  the  republic  of 
Texas,  as  an  overture  for  her  tidinission  as  a  State  into  our  Union. 
In  this  condition  of  atfairs,  President  Tyler  retired  and  the  new 
administralion  came  inin  power;  and  what,  sir,  was  the  Hr.st  act 
of  the  new  President?  It  was  to  declare  his  a|iproval  of  the  reso- 
lution for  the  afiucxation  of  Texas,  aiiil  to  :issiiic  the  countiy  that, 
in  his  opinion,  our  title  lo  the  Oregon  country  was  '"clear  and  itu- 
ipicstionablc.''  But,  sir,  it  has  been  said  by  Senators, on  the  other 
side  of  the  chamber,  that  President  Polk  is  in  nowise  responsible 
for  the  manner  of  annexation.  The  Sen;itor  liom  Tennessee,  (Mr. 
TuRNKV,)  in  his  speech  the  other  day,  said  that  annexation  took 
place  under  the  Tvlcr  ,'idminislr;ition;  that  Presidcnl  Polk  had  no 
coiineclioti  with  it  tir  power  over  it:  that  Mi".  Tyb.'r,  in  flic  last 
hours  of  his  ailiiiinisi ration  selected  the  mode  of  tinncxation,  anil 
thcrcbv  deprived  the  new  administration  of  the  power  to  withhold 
the  resolution  and  negotiate  for  the  actpiisilion  of  the  country. 

Mr.  President,  the  honorable  Senator  is  laboring  under  a  great 
mistake  in  this  matter.  Mr.  Polk  h.ad  as  much  lo  do  in  selecting 
the  mode  of  annexation  as  Mr.  Tyler.  He  not  only  approved  ol' 
the  proceedings  of  President  Tyler,  but  directed  our  charge 
d'affaires  in  Texas  to  present  the  first  and  second  sections  of  the 
resolution  to  that  republic  for  her  acceptance. 

The  message  of  December  2,  1845,  will  settle  this  question. 
The  President  says  : 

■'  111  pur-nance  of  the  joint  resolntion  of  Congf^ss,  for  annexing  Texas  to  the  TTii:- 
ted  States,  my  predecssor,  on  the  third  day  of  March.  I.^l.'i.  eleeterl  to  submit  the  fir.t 
and  second  sections  of  that  resolntion  of  the  Republic  of  Texas,  as  an  overture,  on  the  pait 
of  the  United  States,  for  her  ailnnssion  as  a  State  inlo  our  I 'moil.  Thu-eleclion  I  ajij 
proved,  and  accordingly  the  charge  d'affairs  of  the  I  fmled  Slates,  in  Texas,  nii.ler  iii- 
slrtictioiis  of  the  10th  of  March,  t>'45.  [irescnted  tlie.se  sect iONs  of  the  re.ohition  foi  the 
iicceiitance  of  that  republic." 

Here,  Mr.  Piesidenl,  is  a  full  approval  of  all  the  pro:'e«dings of 
Mr.  Tyler,  touching  the  mjinner  of  iinnexation.  The  first  and 
second  sections  of  the  resolutions  were  presented  to  Texas  for  her 
acceptance,  under  instructions  from  President  Polk,  given  seven 
days  ;ifter  Mr.  Tyler's  term  of  ofiico  had  expired.  Mr.  Poflc  was 
not  hound  by  the  proceedings  of  his  jiredeccssor.  He  had  full 
power  to  williiiold  the  resolution,  and  proceed  by  negotiation,  if 
lie  preferred  that  mode  of  acquisition. 

But,  Mr.  President,  it  is  time  to  leave  this  branch  of  the  sub- 
ject, and  pass  lo  the  order  of  the  13th  of  January.  1846.  for  the 
march  ol"  the  army  from  Corpus  Christi  to  the  left  bank  of  the 
Rio  Grande.  This  order,  in  my  judgmeiil,  was  an  act  of  Execu- 
tive usurpation,  and  the  immediate  cause  oi  the  M'ar.  If  our  ainny 
had  remained  at  Corpus  Christi,  the  acquisition  of  Texas  would, 
to  use  the  language  of  the  President — 

"  Have  be3n  a  liloodiess  acllie\  ement.  No  arm  of  force  nonid  have  been  raiset!  to 
produce  the  result.     The  sword  would  have  had  no  fiart  in  the  victory." 

The  resolution  of  annexation  declares — 

"  That  t^ongress  doth  consent,  that  the  territory  properly  included  within  and  light- 
fiilly  lietonging  to  the  Republic  of  Texas,  may  be  erected  into  a  new  State.  &c..  in  in 
der  that  the  same  may  be  admitted  as  one  of  the  States  of  this  Union.  Said  State  to 
he  formed, subject  to  Ihe  adjuslmeiit  by  this  goverineiit  of  all  questions  of  boundaiy 
that  may  arise  with  other  governments." 

It  appears  on  the  face  of  the  resolutions,  that  a  portion  of  the  ter- 
ritory claimed  by  the  Republic  of  Texas  was  in  dispute,  and  might 
not  properly  belong  to  her,  and  that  her  right  to  the  disputed  ter- 
ritory was  a  question  to  be  settled  by  this  government  and  Mexico. 
The  republic  of  Texas  had,  by  her  act  of  Congress,  passed  in  De- 
cember, 1836,  declared  the  Rio  Grande,  from  its  mouth  to  its  source, 
to  be  her  southwestern  boundary;  but  she  had  not  at  that  time, 
nor  at  the  time  the  resolution  of  annexation  was  passed,  possession 
of  any  portion  of  the  country  west  of  the  Nueces,  except  a  small 
settlement  on  the  western  bank  of  that  river.  The  whole  territory 
between  the  Nueces  and  the  Rio  Grande,  as  I  shall  show  before  I 
resume  my  seat,  with  the  exception  of  the  small  settlement  men- 
tioned, was  in  possession  of  Mexico,  and  claimed  as  a  part  of  her 
republic.     Now,  sir,  what  was  the  duty  of  the  President  in  regard 


294 


THE  TEN  REGIMENT  BILL. 


[Tuesday, 


to  this  matter  ?  What  arc  his  powers  in  the  adjustment  ol  intrr- 
national  controversies?  They  are  pacific;  not  belhL'crent.  His 
instromentaUties  are  diplomatic  aijents;  not  armies  and  navies. 
He  makes  contracts  and  treaties  with  forciiin  i;overnmcnts;  but  ho 
lias  no  authority  without  the  consent  of  Congress,  to  call  on  the 
military  power  of  the  country  to  enforce  their  performance.  Ho 
is,  it  is  true,  comtn:indor-in-chief  of  the  armv  and  navv,  hut  he  has 
no  authority  to  em|iloy  them  ajiainst  a  foreign  nation  for  any  i)ur- 
pose  whatever,  without  the  order  of  Congress.  The  whole  war- 
making  power  is,  by  the  constitution,  lodirpd  in  Con;;rcss.  And 
Congress  alone  is  constitutionally  invested  with  the  power  ot 
changinf;  the  condition  of  the  country  from  peace  to  war.  This 
was  the  opinion  of  Mr.  JelVerson,  as  cxprcsseil  to  Congress  in  his 
contidential  message  of  December  !».  ISdo,  in  regard  to  a  (luestion 
of  disputed  boundary  between  the  United  Stales  and  Spain,  grow- 
ing out  of  our  Louisiana  purchase. 

•■  Atlct  nearly  five  moiiUisol'IVuill.jseiidfavol."  says  Mr.  Jeflcrson,  "  oiil  miiil!- 
lor  Piideil  Ihe  TOnl"creiu-e»,  witliuiil  liavin?  Iiefll  able  lo  otilain  indemliity  for  s|H)lia 
tionsofany  (les,Ti|ition.  or  any  satisfaclion  as  tii  llie  Ijc.iiiiilanes  of  Louisiana,  oilier 
ihanailecK-iration  tliiit  weliail'iioriBlitseaslwanlor  llin  llicTville."  * 

•■  (;oilsiikTinK  Ihal  (;nii;;re>s  alone  H  conslitnliimallv  invented  with  Uie  power  ol 
ilianRUl!;  our  condition  I'lom  |Kaee  to  war.  I  have  Ilioii-lil  il  my  duty  to  await  their 
authority  for  usinirforee  in  anv  dejree  whieheoulil  he  avoided."  ,   ■  ■ -.r 

This,  Mr.  President,  is  sound  constitutional  doctrine,  and  il  Mr. 
Polk  had  followed  in  the  footstep  of  his  illustrious  prcdecessoi', 
this  war  would  have  been  avoided.  It  was  the  duty  of  the  Presi- 
dent  to  settle  this  tjuestion  of  disputed  bonndary  with  Mexico  by 
negotiation  if  he  could,  but  if  his  efforts  failed,  it  was  eqmlly  his 
duty  to  inform  Congress  of  ihc  fact,  and  await  their  authority  for 
marching  the  army  on  to  the  dispulcd  territory.  Congress  was  in 
session,  and  could  have  been  consulted  without  the  least  inconve- 
nience. 

The  ground  I  assume  is,  that  the  territory  between  the  IN  u- 
eces  and  the  Rio  Grande  being  disputable,  and  most  of  it  in 
possession  of  Mexico,  the  President  had  no  right  to  take  forccablo 
possession  of  it  even  if  it  rightfully  belonged  to  the  State  of  Texas, 
without  authority  from  Congress.  We  have  had  many  questions 
of  disputed  boundary  with  foreign  nations,  and  no  administration, 
except  the  present,  ever  thought  of  taking  forceable  possession  of 
the  disputed  territory.  Our  northeastern  boundary  was  in  dis- 
pute from  the  peace  of  1783  to  1842,  and  no  attempt  was  made 
by  any  of  our  Presidents  to  lake  possession,  by  force,  of  the  terri- 
tory we  claimed.  But,  .Mr.  President,  various  pretences  have 
been  set  up  to  justify  the  march  of  our  army  to  the  left  bank  of 
the  Rio  Grande.  The  honoralile  Senator  from  Maryland,  [Mr. 
Johnson,]  in  his  eloquent  speech  upon  this  question  said,  that  the 
United  Slates  h.ad  received  the  republic  of  Texas  into  the  Union 
without  antecedently  defining  her  boundaries,  and  under  a  eotisti- 
union  including  the  disputed  territory;  and,  therefore,  they  were 
bound  lo  defend  il.  Sir,  the  constitution  of  Texas,  formed  after  the 
passage  of  the  resolution  of  annexation,  and  under  which  she  was 
admitted  as  a  State  of  tlws  Union,  did  not  define  her  southwestern 
boundary — that  was  left  an  open  question  to  be  sel  tied  by  negotiation 
between  the  United  States  and  Mexico.  Again,  Mr.  President, 
the  honorable  Senator  said  that  Mexico  had  mustered  an  army  on 
the  Rio  Grande  with  the  decl.ared  object  of  invading  Texas,  and 
recovering  the  whole  to  her  own  sovereignty,  and  that  we  had  a 
clear,  undeniable  right  to  meet  her  there  and  strike  the  first 
blow.  But  I  understood  the  Senator  to  admit,  that  our  right 
lo  meet  her  there  and  strike  the  blow  could  be  justified  only  upon 
the  principle  of  self-defence.  If  we  were  in  no  danger  of  a  blow 
from  Mexico— if  she  had  no  force  collected  for  the  invasion  of 
Texas,  then  our  march  into  the  dispulcd  territory  was  an  unjusti- 
fiable act  of  hoslilitv.  Now,  sir.  where  is  the  eviilcnce  that  Mex- 
'  ieo  had  mustered  an  army  on  the  Rio  Grande  with  the  declared 
object  of  invading  and  conquering  Texas?  Did  the  President  say 
anything  of  the  kind  in  his  message  of  the  11th  of  May.  1846,  in- 
forming Congre.'-s  that  he  had  ordered  the  army  to  the  left  hank 
of  the  Rio  Grande  ?  No,  sir,  ho  assigned  no  such  reason  for  the 
order.  He  said  in  that  message  that  our  force  remained  at  Corpus 
Christi  until  after  he  had  received  such  information  from  Mexico 
as  rendered  it  probable,  if  not  certain,  that  the  Mexican  govern. 
ment  would  refuse  to  receive  our  Envoy.  Our  army,  then,  was 
ordered  (o  occupy  the  left  bank  of  the  Rio  Grande,  because  the 
Presidenl  apprehciided  that  Mexico  would  reject  our  Envoy.  Now, 
Mr.  President,  to  show  that  Mexico  had  mustered  no  army  on  the 
Rio  Grande  with  a  view  lo  the  invasion  of  Texas,  ami  that  the 
President  knew  it  when  ho  Lssucd  the  order  of  the  13lh  May, 
1841),  I  call  the  attention  of  the  Senate  and  the  country,  to  Gen. 
Taylor's  correspondence  with  the  War  Department  while  he  re- 
mained at  Corpus  Christi. 

In  a  dcsp.iti'h  to  the  War  Department,  ilated  Corpus  Christi, 
August  20th,  1845,  Gen.  Taylor  says  that— 

•■  Caravans  of  traders  arrive  oerasionally  fioin  the  Kio  (Jraiide.  hut  hiiUK  no  news 
of  iniportanee.  They  repr'-sent  that  lliere  are  no  re;;ular  Irnops  on  that  river,  exeept 
at  IMatanioia...  and  do  not  seen]  lo  be  aware  of  any  preparations  for  a  tieinoliit  ration  on 
this  side  of  lb''  iiver." 

On  the  (ilh  of  September,  1845,  in  another  despatch,  ho  says  : 

*■  I  have  the  honor  to  te(iofl  that  a  eonfidential  agent,  desjialebed  some  days  since  to 
Matanjoras,  has  returned,  and  reports  that  noext  raordinary  iire|iaratious  ale  {.'iunc  for 
vvartl  lliere  ;  tlint  the  Ratri-oil  does  not  seem  lo  have  been  liKieased,  and  Ihal  on  icon 
suits  of  otuilioli  Ihero  will  hr-  no  deelarution  of  war." 

Aga'u,  in  another  dospateh  of  September  14tli,  1845,  General 
Taylor  says  : 

"'We  have  no  news  of  interest  from  llie  frontier.  Arista,  al  Ihe  last  aeeonnts,  was 
nl  iVlier,  but  without  any  force  ;  nor  is  there,  as  ypt,  any  coneentratiou  of  Iroopsou 
Ihe  river," 

In  a  despatch  under  dale  of  October  llth,  1845,  he  says  that— 

"  Keeeiit  arrivals  from  the  II lo  (Grande  linn;:   no  news,  or  iiil'oimalion  ol  a  ililleieul 
Iispeet  floni  thai  vvhleh    1    reported  111  my  Inst.     'I'lie  Mews  esple.ssed  ill  )Ue\  iiMls  iinii 
mliniealions  telalive  to  the  paeilie  disposition  of  the  border  peO|de  Oil  both  sides  of  the 
river  are  eonlitnifd." 


|TAnd  in  another  despatch  under  date  of  January  / ,  1846,  he  says  : 

"  "  We  have  many  arrivals  from  Matainoras  and  other  point.s  on  the  river,  bill  Ibey 
bring  no  intelliirence  of  interest.  \  reeent  seoiit  of  volunteers  from  San  Antonio  struck 
the  river  near  i'residio,  Rio  (Jrande,  and  the  commander  reports  every  thing  quiet  in 
that  (tuarter.. 

Who,  Mr.  President,  with  this  evidence  before  him,  can  say  that 
General  Taylor,  on  the  13th  of  January,  1846,  Was  ordered  to  the 
Rio  Grande  to  meet  and  repel  a  Mexican  army  there  coUeetvd  for 
the  invasion  of  Texas?  On  the  7th  of  January,  only  six  days  bo- 
fore  the  order  was  issueil.  General  Taylor  informed  the  President 
that  every  thing  was  quiet  in  that  quarter.  But,  sir,  the  honora- 
ble Senator  from  Illinois.  [Mr.  Dougi,.\s,]  has  attempted  to  jus- 
tify the  order  on  another  ground.  He  says  il  w.'is  i-ssiied  ou  the 
recommendation  .and  at  the  request  of  General  Taylor.  If  this 
were  true  it  would  he  no  justification  for  the  President.  The  ex- 
pediency of  such  a  measure  was  a  question  for  Congress  to  settle. 
General  Taylor  had  nothing  to  do  with  it.  But,  Mr.  Presidenl, 
the  army  was  not  ordered  to  the  Rio  Grande  on  the  recommenda- 
tion of  General  Taylor.  All  he  said  upon  the  subject  is  contained 
in  his  letter  to  the  War  Dciiartitient,  under  date  of  October  4th, 
1815,  more  than  three  months  before  he  received  orders  to  leave 
Corpus  Christi.     In  that  letter  he  says  : 

"  It  n  ill  he  reeolleeted  that  the  iristrnetions  of  .lune  Ihe  l.ith.  issued  by  Mr.  Ban 
erolt,  then  Acting  Secretary  of  War.  direeleii  me  to  select  and  occupy,  ou  or  ne.irliio 
Elo  Grande,  sueb  a  site  as  wdl  consist  with  the  health  of  the  IroofK,  ami  will  be  best 
atiapted  to  repel  invasion,"  &e. 

After  assigning  the  reasons  which  induced  him  to  coneentrato 
his  force  at  Corpus  Christi,  he  proceeds  as  follows  : 

"  It  is  with  great  deference  that  I  make  any  suL'gi-stious  on  tojiics  which  may  he- 
come  matter  of  delicate  negotialion  ;  but  if  our  jiovemmeut,  in  settling  the  qiie-stion 
of  boundary,  makes  the  line  of  the  Ilio  Crandean  ultimalum.  I  cannot  rhiilbt  that  the 
seltlleiueul  w  ill  licgreally  theibtated  and  hastened  by  ourtaking  possession  at  once  of 
one  or  two  suilalde  points  on  or  quite  near  that  river  Our  slrengtb  and  state  of  pre- 
paration should  bedisplayed  in  a  manner  not  to  be  mistaken." 

If  our  government  had  determined  at  all  events  to  make  ihc  Rio 
Grande  the  western  boundary  of  Texas,  the  sooner  we  let  .Mexico 
know  it  the  better.  This  is  the  sum  and  substance  of  all  General 
Taylor  said  upon  the  subject.  His  suggestion  was  based  upon  the 
ground,  that  the  line  of  the  Rio  Grande  was  our  ultimatum. 

Mr.  President,  there  must  have  been  at  the  bottom  of  this  move- 
ment something  more  than  a  desire  to  settle  upon  just  and  hono- 
rable terms  the  western  boundary  of  Texas  ;  and  I  will  endeavor 
to  show  what  it  was.  Our  government  was  aware  that  the  annex- 
ation of  Texas  would  give  ofienoe  to  Mexico,  and  an  clliirt  was 
made  to  reconcile  her  to  thS  measure.  On  the  19lh  of  April,  1844, 
Mr.  Calhoun,  the  Secretary  of  State,  directed  Mr.  Green,  our 
Charge  d'Alfaires  in  Mexico,  to  inform  that  government  that  a 
treaty  for  the  annexation  of  Texas  to  the  United  Stales  had  been 
signed  by  the  Plenipotentiaries  of  the  two  governments,  and  would 
biTsent  to  the  Senate,  without  delay,  for  its  approval.  In  making 
this  fact  known  Mr.  Green  was  directed  to  give  the-Mexiean  go- 
vernment the  strongest  assurance  that,  in  adopting  the  measure,  . 
we  were  actuated  by  no  feeling  of  disrespect  or  indiiFerence  to  the 
honor  or  dignity  oi'  Mexico  ;  and  that  the  step  was  forced  upon 
the  United  Slates  in  self-defence,  in  consequence  of  the  policy  adop- 
ted by  Great  Britain  in  reference  to  the  obolition  of  slavery  in  Tex- 
as. Mr.  Green  was  further  enjoined  to  assure  the  Mexican  go- 
vernment  that  it  was  our  desire  to  settle  all  questions  between  the 
two  countries  which  might  grow  out  of  the  treaty,  or  any  other 
cau.sc,  on  the  most  libernr terms,  including  that  of  boundary.  On 
the  23d  of  May  Mr.  Green  gave  the  Mexican  government"  iioiiee 
of  the  treaty  and  strong  assurance  thai  the  question  of  boundary 
would  be  setlled  on  the  most  liberal  terms. 

On  the  10th  of  Septemher,  1844.  Mr.  Calhoun,  as  Secretary  of 
State,  directed  Mr.  Shannon,  our  Minister  in  Mexico,  to  renew  to 
the  Mexican  government  the  declaration  made  by  our  C'Irirgo 
d'Afiaires,  that  if  annexation  should  be  consummated  the  United 
States  would  be  prepared  to  adjust  all  questions  growing  out  of  it, 
including  that  of  boundary,  on  the  most  liberal  terms. 

Well,  Mr.  President,  after  having  given  these  strong  assurances 
to  Mexico  in  regard  to  the  question  of  boundary,  we  passed  the 
resolution  annexing  Texas  to  the  United  States,  and  it  was  ap- 
proved on  the   1st  of  March,  1845. 

On  the  loth  of  June  1845,  about  three  months  after  the  passage 
of  ihc  resolution,  and  five  months  before  Texas  acccptctl  our  pro- 
position of  annexation,  the,  President  ordered  General  Taylor  to 
the  left  bank  of  the  Rio  Grande  to  protect  what,  in  the  event  of 
annexation,  was  to  lie  our  western  border.  Yes,  Mr.  Prcsidiint, 
before  annexation  was  consummated,  the  adininistration,  notwith- 
standing the  strong  assurances  given  to  Mexico  that  the  question 
of  boundary  would  be  settled  upon  the  most  liberal  terms,  h-d  de- 
termined that  the  Rio  Grande  should  be  the  wcslern  boundary  of 
Texas.  Was  this  acting  in  good  faith  towards  Mexico  ?  Was  it 
calculaletl  to  allay  her  opposition  and  rci;oneile  her  to  annexation  » 
No,  sir,  it  was  i-alciilalcd  lo  increase  her  hostility  to  the  measure, 
and  wiilcu  the  breach  bclween  the  two  governments. 

Mr  SE\  IKR.— T'hc  order  of  the  loth  of  June  was,  that  Gen. 
Taylor  should  remain  on  the  Sabine. 

Mr.  UPli.AM. — I  have  it  in  my  haml  and  will  read  il. 

The  ticiinL'  Secretary  of  Vf:u,  in  his  orders  to  (icnertU  Taylor 
undsr  date  of  June  15th,  18-15,  says  : 

"The  pniul  of  your  ullimale  dcslinulion   is  llie  western   Ironlicrol  Te.\as,  wlieic 

1  will  >ele,-l  and  nceii|iv,  ou  or  near  the  Rio  (Jraiidc  Del   Norte,  such  site  as  will 

allb  oltlic    troops,  will  be    best  adapted    to  repel    invasion,  and  to 

cut  of  anncsatioii.  will  be  our  western  bonier." 


.onsi^I  with  the  111 
protect  what  in  tl 


Here,  sir,  is  the  deelarali m  of  the  President  by  his  Secretary  ot 
War,  in  the  event  of  annexation,   that    the   Rio   Grande   will  be 


the 


rtion  that 


our  western  border.  I  was  therefore  eorreel  in 
the  administration  had  del ermined,  before  annexation  was  consum- 
mated, to  force  upon  Mexico  the  boundary  of  the  Rio  Grande. 
And,  Mr.   President,  if  time  would  periuil,  I  could  show  by  the 


February  15.] 


THE  TEN  REGIMENT  BILL. 


'295 


.     An  expe- 
iiiiniiiU'l  it.'' 


con-fispnndeiice  of  the  War  Deparlment  with  niii-  Militnry  ami 
Naval  Officers  in  Mexico,  that  tlie  Executive,  after  lie  had  yiehled 
to  Great  Britain  5"  40'  of  territory  in  Orcfrnn,  to  which  he  had 
declared  our  title  '-clear  and  unqnestionable,"  turned  his  attention  to 
Mexico  with  a  fixed  determination  to  wrest  from  her  hy  the  sword, 
New  Mexico  and  Upper  California.  On  the  3d  of  .lime,  1846,  the 
Secretary  of  War  in  his  despatch  to  General  Kearney,  says 

"11  lilLs  been  ilecUccl  liy  llie  President  to  lie  of  llie  srenlesl  iiii|iiirlaili 
iii.t  war  with  Mexico,  to  take  tlie  earliest  possession  of  II|i|»t  t  '.il.lc" 
Jitioii  Willi  that  view  is  hereby  or.lercd,  iind  yon  are  ile«iKii:itral  loiu 

In  a  despatcli  to  Col.  Stevenson  under  date  ol  September  Ilth, 
1846  the  Secretary  says  "the  Military  occupation  of  Calilornia  is 
the  inain  object  in  view."  In  another  despatch  to  Commodore 
Sloat,  coiiim:indin<,'  our  Naval  forces  in  the  Pacific  Ocean,  under 
date  of  July  12th,  1846,  he  says  : 

■■The  olijeerol'the  IJnileil  Slales  is.  iiniler  lU  rights  aa  a  belligerent  n.-ition,  to  Hou- 
se's ilselC  entirely  of  Up|ier  Calitornia."  e    T    1      ■».!       lO^C     CO,., 

Commodore  Sloat  in  his  seneral  order  of  July  7th,  imb,  says 
"it  is  not  only  our  duly  to  take  California,  hut  to  preserve  it  after- 
wards as  a  iiart  of  the  United  States,  at  all  ha-/.aids."  In  regard 
to  New  Mexico.  General  Kearnv  in  his  letter  to  the  Department 
of  War,  under  date  of  August  24th,  1S46,  says  : 

-On  the  'W.I  1  l^sue,l  ;i  iiroelam.ilion.  elainiiiii:  the  whole  of  New  Mexieo;  with  il. 
llien  booiKlaries.  as  a  territory  of  the  I'liileJ  States  of  America,  and  taking  it  un.ler  o.ir 
nroleclion."  ■'Il  is  the  wiih  and  intenlion  ol  llie  llniled  Sl.ates.  (says  <.el.i.ral 
Kearney  in  bis  pro,lani.ation,)  ■'lo  provide  for  New  Mexico  a  Ireegovernnunl.  Willi 
the  lea,;  possible  delay,  similiar  to  tho«  in  the  I.Tn.ted  Slales  ;  and  the  pople  of  New 
Mexico  willlhen  be  Vailed  on  to  exercise  llic  rights  of  freemen  in  electing  their  own 
re|ires"nlalive5lo  thcTerritorial  Legislatnre."  ,       e    ,  , 

I  have  not  time  Mr.  President,  to  pursue  this  branch  ol  the  sub- 
ject  lurther.  The  extracts  I  have  read  show  beyond  all  doubt 
that  the  war  was  waged  for  the  acquisition  ol  Mexican  territory, 
by  conquest,  and  not  to  compel  a  just  and  equitable  settlement  ol 
the  boundary  between  the  two  countries. 

Mr.  President,  a  few  words  upon  the  claim  of  Texas  to  the  lelt 
bank  of  the  Kio  Grande  shall  close  my  remarks.  In  1824,  Mex- 
ico, by  her  representatives  in  convention  a.'^sembled,  formed  and 
adopted  a  constitution  similar  to  ours  and  became  a  republic. 
Texas,  at  that  time,  did  not  contain  the  required  population  to 
become  a  State,  hut  was  provisionally  united  with  the  neighboring 
in-ovince  of  Coahuila,  to  form  the  State  of  Coahuila  and  Texas, 
until  the  latter  should  possess  the  necessary  elements  to  form  a 
separate  St.ate  for  herself.  In  1833,  the  inhabitants  of  Texas  hav- 
in"  ascertained  that  their  numbers  were  equal  to  most,  and  ex- 
ceeded several  of  the  old  States,  held  a  convention  and  lormed 
and  adopted  a  constitution  upon  the  principles  of  the  Mexican  re. 
public,  and  applied  to  the  seneral  Congress  for  admission  into  the 
Union.  Their  application  was  rejected,  and  their  agent  impri- 
soned. In  1834,  the  constitutional  Congress  of  Mexico  was  dis- 
solved by  a  military  order  of  General  Santa  Anna,  and  the  consti- 
tution overthrown,  and  the  State  governments  abolished. 

In  September,  1835,  General  Cos  invaded  the  province  of  Texas 
by  land,  with  orders  to  disarm  the  citizens,  and  require  an  uneon- 
dilionnl  siilimission  to  the  central  military  government,  under  pen- 
alty of  expulsion  from  the  country.  A  battle  ensncd,  which  ter- 
minated in  the  relreat  of  the  Mexicans.  On  the  "lli  of  Novem- 
ber. 183:),  Texas  declared  that,  . 

"Whereas.  General  Antonio  l.opez  de  Sanl.i  Anna,  and  olher  miblary  chieftains 
have,  by  force  of  arm; 
the  social  compact  wli 

fedcracy.   now  the  good  jieojile  of  Texas  avaiiiii 
solemnly  dr elarc —  .   ,    .     .  ,  ,  ,., 

Isl.  That  they  have  taken  np  arms  in  defence  of  their  rights  and  IibertieB. 

ild .  That  Texas  is  no  longer  morally  bound  by  the  compact  of  union. 

:U.  Tiial  '.hey  do  not  acknowledge'thal  llie  present  authorities  uf  llie  prewnl  lioilli- 
nal  Mexican  rtjpublic,  have  the  right  lo  govern  within  the  liinils  of  Texas. "_ 

This  was  considered  an  absolute  separation  from  Mexico,  and 
on  the  2d  of  March.  1836,  delegates  of  the  people  from  all  the 
districts,  declared  Texas  a  ''free,  sovereign,  and  independent 
State."  Under  the  constitution  of  1824,  New  Mexico,  Tamauli- 
pas,  Coahuila,  and  Texas,  were  States  of  the  Mexican  republic  ; 
each  having  its  fi.xcd  and  well  defined  boundary — the  Nueces  being 
the  southeastern  boundary  of  Texas.  But  Texas,  as  I  have  be- 
fore said,  not  having  a  suilicient  population  for  a  separate  State, 
w.ts  provisionally  united  with  Coahuila,  and  called  the  State  ol 
Coahuila  .and  Texas.  After  the  abolition  of  the  .State  govern- 
ments, Texas  acted  for  herself  as  a  separate  power.  She  had  no 
connection  with  Coahuila  or  the  other  Mexican  States.  She  de- 
clared that  the  authorities  of  the  nominal  Mexican  republic  had  no 
right  to  govern  within  the  limits  of  Texas.  What,  Mr.  President, 
at^that  time  were  the  limits  of  Texas  ?  Mr.^i.  Mary  Austin  Hol- 
ley,  in  her  History  of  Texas,  published  in  1836,  says 


,  overlhrown  tlie  federal   conslilulion  of  Mexico,  and  dissolved 
I'ch  existed   between  Texas  and  Ihe  olher  members  of  the  con- 
'  tbeniselves  of  their  natural  rights, 


Texas  is  situated  be'tween  iV  ;10'  and  30"  :itl'  north  hifilude,  and  98"  30'  and  90° 
IIO'  west  longitude.  lis  boundaries  are,  the  lied  river,  separating  it  from  Arkansas  on 
the  north  ;  the  Gulf  of  Mexico  on  the  south  ,  the  Sabine  river  anil  Louisiana,  on  tlie 
east;  and  the  river  Nueces,  sejiaiating  it  from  Taraaulipas  and  Coahuila,  on  the  west." 

Mr.  Murray  in  bis  Encyclopiedia  of  Geography,  published  in 
1838,  gives  the  Nueces  as  tlie  western  boundary  of  Texas.  Mr. 
Morfitt  an  a<jcnt  sent  by  General  Jackson  to  Texas  in  1836,  to 
ascertain  its"political,  military,  and  civil  condition,  says,  in  his  re- 
port, that 

■•The  political  limits  of  Texas  proper,  previous  to  the  last  revolution,  were  the 
Nueces  river  on  the  west  ;  along  the  Red  river  on  the  north  ;  the  Sabine  on  the  east ; 
and  the  Gulf  of  Mexico  on  Ihe  soutli." 

Mr.  Morfit  in  spe.iking  of  the  Texan  government  formed  by 
convention,  further  says  : 

■■This  eonvenlion  took  .fIVace  by  writs  of  election  issued  hy  the  provisional  govern- 
ment, and  it  is  said  Ib^t  all  parts  of  Texas  were  represented  in  il.  fioni  llie  extreme 
weslern  seltlement  atStin  Patricio,  on  the  Nueces,  to  the  Sabine  and  Red  rivers." 

The  "extreme  western  settlement  of  Texas  was  at  San  Patricio 
on  the  Nueces."  Now,  sir,  by  what  authority  did  Texas,  at  the 
time  she  became  one  of  the  States  of  this  Union,  claim  the  Rio 
Grande  as  her  western  boundary?  Had  slie  conquered  the  Mexi- 
can States  of  Coahuda,  Tamaulipas,  and  New  Mexico,  and  sub- 


jected them  to  her  jurisdiction  and  laws?  No,  sir,  she  had  doiie 
no  such  tliincr.  Her  extreme  western  settlement  was  San  Patricio 
on  the  right  bank  of  the  Nueces. 

Mexico,  as  I  will  show  from  our  own  docuin<?nts,  was,  at  the 
time  of  annexation,  in  the  quiet  and  peaceful  possession  of  the  lelt 
bank  of  the  Rio  Grande,  claiming  it  as  a  part  of  her  republic. 
Mr.  Donelson,  our  charge  d'allaires  in  Texas,  in  his  letter  lo  our 
Secretary  of  State,  Mr.  Buchanan,  under  date  of  June  23,  1845, 

says  . 

■■  Il  is  the  policy  of  those  who  are  on  the  side  of  Mexico  in  the  present  crisis,  to 
throw  U|ion  the  IJiiited  Slales  the  responsibility  of  a  war  for  the  country  between  Ihe 
Nueces  and  the  Rio  Grande.  The  territory,  vou  are  aware,  has  been  in  the  ]>ossession 
of  both  parties.  Texas  has  held  in  peace  Corpus  Cbristi-  Mexico  has  held  Santiago. 
Bolli  jiarlies  have  had  occasional  possession  ol  Loredo.  ami  other  higher  poinis." 

All  that  Texas  held  in  peace  west  of  the  Nueces  was  Corpus 
Christi. 

On  the  26th  of  June,  184t,  Mr.  Donelson,  in  a  despatch  to  Gen- 
eral  Taylor,  says  : 

"  Corpus  Chrisli  is  said  lo  be  as  healtliy  as  Pensacola— a  convenienl  place  for  sup- 
plies, and  is  tlie  most  western  point  now  occupied  by  Texas." 

Again,  in  the  same  despatch,  he  says  : 

"  Texas  holds  Corpus  Cliristi,  Mexico  holds  Santiago,  near  the  moolh  of  the  Rio 
Gramle."  ,,       ..^         ,  , 

Again,  sir;  on  the  Gth  of  July,  1845,  Mr.  Donelson,  in  another 
letter  to  Mr.  Buchanan,  says  : 

•■  Vou  are  already  advised  of  my  lelliT  to  General  Taylor,  of  the  28tli  ultimo,  in 
wliicb  1  leave  the  rpiestion  of  marching  to  the  Rio  Grande  to  be  decided  hy  develop 
inenls  vet  10  be  made.  If  Mexico  passes  that  stream,  menacing  Texas,  or  otlierwi-e 
threale'ning  -o  disturb  the  territory  of  Texas,  as  il  stood  when  our  joint  resolulmu 
passed,  our  right  to  rejiel  her  commeuces,  ami  we  may  force  her  10  relire  west  ol  the 
Rio  Grande." 

Crossing  the  river  without  menacing  Texas,  or  threatening  to 
invade  her  territory,  would  bu  no  cause  of  complaint.  Pray,  sir, 
if  Texas  extended  to  the  left  bank  of  the  Rio  Grande,  would  not 
passing  that  river  be  an  invasion  of  her  territory?  Most  certainly 
it  wonTd.  But  no  force  was  to  be  used  unless  she  attempted  to  go 
further,  threatening  to  disturb  the  territory  of  Texas. 

But  to  proceed.  Mr.  Donelson,  on  the  Ilth  of  July,  1845,  in  a 
despaleh  to  Mr.  Buchanan,  says  : 

■■  The  proclamation  of  a  truce  between  the  two  nations,  founded  on  propositions 
equally  acceptable  to  them,  leaving  the  question  of  boundary  not  only  an  oiien  one, 
but  Mexico  in  possession  of  the  easl  bank  of  the  Rio  Grande,  seemed  lo  me  mcousis 
tent  Willi  the  expectation  that  iu  defence  of  the  claim  of  Tcx-ts  our  troops  should 
march  immedialelvlo  that  river."  ,,    a-  ■ 

Here,  sir,  is  the  express  declaration  of  our  charge  d'affaires  in 
Texas,  that  Mexico  was  in  the  actual  possession  of  the  lelt  bank 
of  the  Rio  Grande,  and  that  Texas  had  never  been  able  to  hold 
the  country  by  the  force  of  her  arms,  But  Mr.  Donelson  proceeds 
to  arcriie  the  question  as  follows  : 

'■tS  "rounds  on  which  Ihe  claim  (to  the  Rio  Grande)  would  appear  to  me  defen- 
sible, after  the  admission  of  Texas  into  the  Union,  if  there  he  no  declaration  ol  war 
or  invasion  by  Mexico,  may  begenerallysUted  as  follows; 

'■  1st  The  revolutionary  right  to  the  |icople  of  Texas  to  resist  oppression  and  enlorce 
such  a  polilical  organizalion  as  they  deem  necessary  lo  tlie  enjoyinenl  of  their  happi- 
ness. The  destruction  of  the  eonslilnlmii  of  ]fli,  and  the  deS{iolisiu  which  followed 
It,  famished  ihe  most  aniplegroundsforresistanoo.  ,„,.    , 

"  -id.  The  acknowledgment  of  Santa  Anna,  by  whose  conce.ssions.  in  IHJti.  liis  ar- 
w.-is  allowed   to  return  to  Mexico,  and  carry  with  Iheni    vjilnahte  arms  and    mnnl. 
...s    and  by'which  Texas  was  prevented  from  tollowiug  up  llie  advantages  of  victory, 
iion"  which  was  the  onporlunitv  of  estabhsbin"  herself  on  the  Rio  Grande. 
■'3^.  The  certainly  ol  Texas,  if  nnl  now.  at  least  in  a  short  jicriod.  to  eslablishby 
force  her  claim  lo  this  boundary.     This  capacity  is  fairly  inferable  from  the  oiler  of 
Mexico  to  recognize  her  independence,  and  wjis  admilled  by  the  British  and  French 
ooyernnienis  when  they  became  the  medium  of  Ihe  oH'cr.      liut  indejienilenlly  of  such 
circumstances  thiscapiieitv  isself-evideut  to  all  who  have  any  knowlclge  ol  the  rela- 
tive power  and  position  o'f  Mexico  and   Texas,     if  Tex.as.  then,  by  hersell,  wuhonl 
any  connexion  Willi  Ihe  Uniled  Slales.  had  reached  the  point  where  she  could  compel 
the  recoguizition  of  the  claim  lo  the  Rio  Grande,  her  right  lo  do  so  ought  not  to  bo 
lessened  by  becoming  a  member  of  the  American  riiion. 

"4th  The  United  States,  after  aiinexalioii,  in  addition  lo  the  foregoing  grounds, 
will  have  theolder  one  founded  on  the  Louisiana  claim.  That  ibis  claim  went  as  far 
as  the  Rio  Grande,  is  now  much  more  apparent  than  il  was  in  181'J,  when  the  Sa 
i.iiie  was  fixed  as  Ihe  western  limit  of  Ihe  cession  lo  us.  especially  if  be  true,  as  is  al 
le"ed  Ihal  the  inhabilants  of  Tex;i»,  al  lliat  time,  protested  against  the  tighl  ol  Ihe 
United  Slales   to   deprive   them  of  Ihe   benclits  secured    lo   them  in  the   treaty  with 

Does  this  reasoning  of  our  charge  d'affaires  look  as  though  he 
believed  Texas  had  carried  her  revolution  to  the  left  b,ank  of  the 
Rio  Grande,  and  subjected  that  country  to  her  jurisdiction  and 
laws?  No,  sir — far  from  it.  If  there  should  be  no  declaration  of 
war  or  invasion  of  Texas  by  Mexico,  to  furnish  us  an  excuse  for 
seizing  the  country,  we  must  rest  our  claim  to  it  on  the  ground 
that  'Texas  could  and  would  have  established  by  force  her  claims 
to  that  boundary  if  she  had  not  been  prevented  by  the  agreement 
s'le  made  with  Santa  Anna  on  the  12ih  of  May,  1836,  by  which 
his  army  was  allowed  to  return  to  Mexico,  and  carry  with  them 
valuable  arms  and  munitions  of  war. 

But  this  is  not  all,  Mr.  President.  In  1839,  nearly  three  years 
after  the  passage  of  the  act  of  the  Texan  Congress,  defining  her 
boundary  to  be  the  Rio  Grande,  Canales,  a  Mexican  chief,  at- 
tempted, with  the  consent  and  aid  of  Texas,  to  establish  the  re- 
public of  the  Rio  Grande,  to  be  composed  of  the  States  of  Tamau- 
lipas, Coahuila,  and  Durango.  Its  independence  was  declared  and 
Canales  elected  President."  He  eollecied  an  army  and  encamped 
at  Laredo,  a  small  town  of  Tamaulipas,  on  the  east  side  of  the 
Rio  Grande,  where  he  remained  five  or  six  months.  In  April, 
1840,  General  Arista,  at  the  head  of  a  large  Mexican  force,  at- 
tacked anii  defeated  Canales,  and  he  retreated  into  Texas.  In 
this  struggle  the  navy  and  army  of  Texas  co-operated  with  Can. 
ales.  Before  Canales  undertook  the  expedition  he  entered  into 
a  secret  agreement  with  Texas,  three  articles  of  which  have  been 
published  Tn  the  newspapers  of  the  day,  and  are  as  follows  ; 

'■  Isl  ThePresidentof  the  republic  of  the  Rio  Grande  (General  Canales]  pledges 
himself  to  declare  Ihe  independence  of  the  republic  of  the  Rio  Grande  and  lo  declare 
and  establish  the  st.ate  and  federal  constitution  of  1824,  so  soon  as  he  shall  have  m  ab- 
lished  his  beadquarleni  witliin  the  limitsof  the  territory  claimed  by  the  said  repoblic. 

•■  -Sd.  That  the  republic  of  the  Rio  Grande  shall  immediately  alto  the  said  declaia- 
lion  of  indejiendence,  recognize  Iheindeiiendenceot  Texas. 


my  ' 

lions, 

amon 


296 


THE  TEN  REGIMENT  BILL. 


[Tuesday, 


"  3(i.  Tlie  repnliiicof  Te.xas  pledgeft  heiself  to  aid  tlie  ft^leralistsoftlie  Rio  Grande  in 
tli«ir  slnigirle  for  inilopeniU'nue,  ilireetly  alter  lier  indcpt-ndence  is  recognized  by  the 
repniitie  <"('  the  Kio  Grande." 

Mr.  Kl'SK  sail!  he  had  lived  in  Texas  for  fifteen  years,  and  ne- 
ver hrard  (if  sueh  agreement,,  and  lie  asked  when  and  where  the 
naper  was  signed,  its  date,  and  who  sij^ned  it. 

Mr.  Ul'HAM. — I  cannot  fjive  the  date  of  the  a<ireement  nor  the 
names  of  the  persons  who  sijrned  it.  I  have  only  the  three  first 
artieU-s  as  I  found  them  in  the  newspaper  of  the  day. 

Mr.  lU'SK  said  that  no  aL'reemenl  was  ever  made  with  C'analcs, 
nr  any  hoily,  of  the  kind  alluded  to.  Canales  was  considered  there 
a  imijlic  highway  rohher.  lie  had  often  atlempU'd  to  raise  insiir- 
reetioii  in  Texas,  as  dirl  other  Mexiean  ollieers,  Iml  he  always  kept 
on  the  other  side  of  the  Rio  Grande. 

Mr.  UPHAM.— The  au'reeineiit  makes  up  a  pari  of  the  history 
of  Texan  independetiee,  and  I  have  never  liefore  heard  its  truth 
called  in  <|uestion.  It  has  been  the  roniids  of  the  newsiiapers,  and 
it  was  read  in  the  other  end  of  the  capital  in  debate  l.ist  winter  in 
presence,  I  prcsinne.  of  the  members  iVom  Texas,  and  not,  to  my 
kiiowledL'e,  denied. 

Mr.  HUSK  said  if  it  was  a  part  of  the  history  of  Texan  inde- 
pendence, it  had  never  reached  Texas. 

Mr.  UPIIAM. — If  the  agreement  is  a  forgery  it  ought  not  to 
prepidiee  the  c'l.iini  of  Texas  to  territory  west  of  the  Nueces  ;  but 
if  li.  IS  a  ireiiuine  instrument,  it  goes  very  far  to  show  that  she  bad 
aband'ined  all  claim  west  of  that  river. 

Hut  to  pa.ss  on  :  Gen.  Taylor's  account  of  liis  march  from  Cor- 
pus Christi  to  the  Rio  Grande  shows  that  the  country  was  in  posses- 
sion of  Mexico.  At  the  Arroyo  Colorado  he  was  met  by  a  party 
of  irre'iular  cavalry,  (rancheros,)  who  iiiiormed  him  that  crossing 
the  river-would  be  considered  an  act  of  hoslility  ;  and  tliat  they 
had  express  orders  to  fire  upon  him  if  he  attempted  it.  He,  how- 
ever crossed  the  river  without  molestation  and  jiroeceded  on  his 
wav.  When  williin  ten  miles  of  Point  Isabel  he  discovered  a  party 
on  iiis  right  Hank  bearing  a  white  flag.  It  turned  out  to  be  a  de- 
uutation  from  the  northern  district  of  Tainaulipas,  with  a  formal 
idotest  against  his  occui>ation  of  the  eoimtry.  AVIien  he  approached 
Point  Isabel  the  inhabilants  set  fire  to  their  buihhngs  and  fled  to 
Matamoras  for  protection.  When  he  reached  the  Rio  Grande  he 
was  summoned  to  withdraw  his  force  and  lall  back  beyond  the  Nii- 
i-Q^.^ — that  is,  into  Texas.  It  was  Mexican,  and  not  Texan  terri- 
tory that  he  was  desired  to  abandon. 

Again,  Mr.  President,  an  officer  in  General  Taylor's  army,  in  a 
letter  to  the  New  York  Spirit  of  the  Times,  dated  Camp  Opposite 
Matamoras,  April  19th,  1846,  says: 

"  ()iir  :-iliiaUi>n  lied-  i>  an  extraordinary  one.  Iti<rJil  in  the  ciinmfs  riltnitrij,  tic 
tii'tl/i/  iici  ii/iiiiii^  tlnif  ii'tt-iii  ant!  torn  jleltls,  tlir  jit'ti/i/f  tjf  thr  sntl  Ivtiriiti^  tfifir 
/tout,'.'."  A..'      "  ..    '  " 

Another  ofiicer,  in  a  letter  to  the  Albany  Atl.as,  dated  at  the 
Camp  Before  Mataium-as,  says  : 

■■  VVe.l  i>r  Ilic  Nnrr.- llje  |,ro)ile  are  all  S|>:iiiirirds.  Tlie  e.,untrv  i^  miiiilialiileil 
cseeiitiii;;  llie  \alli'v  (it*  llie  Rio  tJrande,  and  that  eonlnin^  a  [iretlv  ileii^e  |iii|iiilatii)ii. 
anil  III  lilt  I'tii-I  tit  llirrtiinitrit  it  re  llir  pio/jtr  mori'  lotjiil  la  tin-  JHfjicmt  (Jtirrriiiiifiit/" 

The  testimony  of  these  ollieers,  sir,  needs  nt)  comment.  Il  shows 
lievond  all  doubt  that  the  country  was  in  the  ipiict  anil  peaceable 
possession  of  Mexico  when  (ieneral  Taylor  invadi-d  it.  Mr.  Presi- 
dent, I  will  go  farther  and  show  that  the  United  Stales  have  re- 
garded and  treated  the  left  baiik  of  the  Rio  Grande  as  Mexiean 
teriilory.  On  the  'U\  of  March,  1S4.'3,  two  days  after  the  appro- 
val of  the  resolution  of  annexation  by  the  President,  Congress 
passed  an  a(;t  declaring — 

"  Tliat  any  inijiiirled  iiiereiiandi/.e.  wliieli  lias  been  entered  and  tlie  duties  jiaid. 
orseenred  aeeordin^'  to  law.  I'or  drawl)ael(s.  may  be  e.\' ported  to  Cllilnialiua  in  Me.\ieo. 
or  Santa  Fe  in  New  Mevieo.'*  Sre. 

Jferc,  sir,  is  a  posilive  law  of  Congress,  from  which  there  is  no 
esc.iping,  touching  Santa  Fe  in  New  Mexico — regulating  com- 
meriM^  with  her  as  with  other  foreign  nations,  and  granting  the 
principle  of  dr.awhack.  Santa  Fe,  it  should  be  remembered,  is  on 
llie  east  bank  of  the  Rio  Grande.  But  this,  sir,  is  not  the  only  in- 
stance in  whieli  the  United  States  have  treated  ihe  left  bank  of  the 
Rio  Grande  as  Mexican  territory.  Our  niililary  chiefs,  under  in- 
structions from  the  President  of  the  United  States,  have  estaiilislied 
a  territorial  government  over  the  Santa  Fe  count^ry,  thereby  recog- 
ni/.iner  it  as  Mexiean  territory.  No  Senator,  I  presume,  will  con- 
tend that  a  territorial  government  can  be  established  within  the  jn- 
risditttion  of  one  of  the  sovereign  .States  of  this  Union.  Now,  Mr, 
President,  how  are  these  facts  met  and  answered  by  Senators  on 
the  otlier  sidi'.  of  the  chamber  ?  The  honorable  .Senalor  from  Illi- 
nois, [Mr.  l)ofi:t..\s,]  made  an  able  speech  the  other  d.ay  to  prove 
the  right  of  Texas  to  the  left  bank  of  the  Rio  Grande  ;  but,  in  my 
judgment,  he  failed  to  establish  the  fact.  He  (contended  that  Texas 
never  rebelled  auainst  the  constituted  authorities  of  Mexico  ;  but 
that  u  few  mililary  leaders,  with  Santa  Anna  at  their  head,  con- 
spired and  rebelled  against  the  republic  of  Mi'xico — seized  the 
reins  of  government — abolished  the  federal  conslilution  and  state 
governments,  and  established  a  military  despotism  in  their  stead  j 
— that  Santa  Anna  reduced  to  submission  all  that  portion  of  the 
republic  of  Mexico  which  lies  to  the  soiilh  and  west  of  the  Rio 
Grande'  ; — that  the  iieopie  on  this  side  of  the  Rio  Grande  took  up 
arms  and  confined  the  |iower  of  the  revolutionary  government  to 
the  right  bank  of  that  river. 

Now,  sir,  sniipose  all  this  to  be  true.  How  does  it  prove  the 
right  of  Texas  to  the  State  of  Tamaulipas,  or  any  Mexican  State 
on  this  side  of  the  Rio  Grande?  If  the  revolution  was  confined  to 
the  right  bank  of  the  Rio  Grande,  the  Mexiean  States  on  this  side 
of  the  river  retained  their  separate  existence  and  original  bounda- 
ries. Hut,  Mr.  President,  Santa  Anna,  it  is  said,  while  a  prisoner 
ol'  war  in  Texas,  made  a  treaty  with  that  govcrniucnt  establishini' 
th  !  Rio  Grande,  from  its  mouth  to  its  source,  as  the  southwestern 
boundary  of  Texas, 


Santa  Anna  made  no  treaty  with  Texas  while  a  prisoner  of  war, 
or  at  any  other  time  On  the  12th  of  May,  1836,  while  a  prisoner 
of  war  in  Texas,  he  entered  into  articles  of  agreement  with  Texas 
bv  which  he  bound  himself  to  use  his  influence  with  his  govei  n- 
iiicnt  to  procure  a  treaty  acknowledging  the  independemte  of 
Texas  and  establishing  the  Rio  Grande  as  her  southwestern  boun- 
dary. His  government,  however,  repudiated  the  agreement  and 
refused  to  make  any  terms  whatever  with  Texas.  In  December 
after  this  agreement,  the  Texan  Congress  passed  an  act  declaring 
the  Rio  Grande,  from  its  mouth  to  its  source,  to  be  her  western 
biiundtiry,  and  that,  it  is  claimed,  gave  her  a  right  to  the  countrj'. 
This  act  of  Congress,  sir,  gave  Texas  no  right  whatever  to  one 
foot  of  territory  beyond  her  ancient  limits  that  she  had  not  con- 
quered from  Mexico  and  subjected  to  her  jurisdiction  and  laws. 

This  question  was  largely  discussed  in  this  chamber  when  the 
treaty  of  annexation  wtis  before  us  in  1844,  Judge  Woodburv,  then 
a  Senator  from  New  Hamjishire,  and  now  one  of  the  Judges  of 
the  Supreme  Court  of  the  United  States,  in  his  speech  in  favor  of 
the  ratification  of  the  treaty,  said  : 

"Texas,  liy  a  mere  law,  could  aeiiuire  no  tide  but  wbat  she  conquered  IVom  Mexico, 
and  actually  soverned.  Hence,  thoiiftli  ber  law  includes  more  than  ttie  ancionl  Texas, 
she  eonid  hold  and  convey  only  t'lat,  or  at  tlie  iittermoiit,  only  what  she  exercised  clear 
jiiredntion  over." 

The  honorable  Senator  from  Missonri,  [Mr,  Benton,]  in  the 
course  of  his  able  speech  against  the  treaty,  introduced  the  follow- 
intl  resolution  : 

"Rr^ttlrrtl.  Tliat  the  incoriioration  of  the  left  bank  of  the  Rio  (lei  Norte,  (Rio 
Grande,  I  into  the  .American  Union,  by  virtue  of  a  treaty  with  Texas,  comprelieniling, 
as  the  said  incoriioration  would  do.  a  part  of  the  iiltr\iean  depart iiient.s  of  New  Mexi- 
co, t'liibiialina.  t'oahuila,  and  Tamaulipas,  would  be  nn  act  of  direct  aggrei-sion  on 
Me\ieo  ;  for  all  the  eoiise(|ii'iiers  of  which  tile  I'liitrd  Slates  would  he  lesponsible." 

The  Hon.  SiLAs  Weight,  tlieii  a  member  of  the  Senate,  but 
since  deceased,  in  a  speech  delivered  at  Watertown.  New  York, 
just  after  he  had  voted  against  the  treaty,  said  : 

"I  felt  it  my  duty  to  vote  against  (be  ratilieation  of  the  treaty  for  the  annexation  of 
Tex;is.  I  belie\ed  that  tlie  treaty,  from  the  lioundaries  tliat  must  be  implied  from  it, 
embraced  a  country  to  whieb  Texas  had  no  claim,  over  which  she  had  never  assertetl 
jurisdii.tioli,  and  which  she  haii  no  rijxbt  to  cede." 

The  ( laim  of  Texas  to  the  left  bank  of  the  Rio  Grande  derived 
no  strength  whatever  from  her  act  of  Congress,  If  she  had  no 
title  before,  she  had  none  afterwards,  "I  wash  my  hands,"  said 
Col..    Benton, 

"Of  all  the  attempts  to  dismember  the  Mexican  Republic,  by  severing  her  dominions 
in  New  Mexico,  rbilnialma,  Coahnda  and  Taiiiauhpas.  The  treaty,  in  all  that  re- 
lates to  the  boundary  of  tlie  Rio  Grande,  is  an  act  of  unparralled  ootrajteoii  Mexico- 
It  ii  the  seizure  of  two  thousand  miles  of  her  territorry  withont  a  word  ot  exidanation 
Willi  her.  and  by  virtue  of  a  treaty  with  Te.\a8  to  wliieb  she  is  no  party." 

After  full  discussion,  the  treaty,  as  I  have  before  said,  was  re- 
jected by  a  vote  of  35  nays,  to  1(1  yeas. 

Mr.  President,  I  have  already  trespassed  too  long  upon  the  pa- 
tience of  the  Senate,  and  1  will  bring  my  remarks  to  a  close.  The 
career  of  conquest  upon  which  we  liave  entered,  is  full  of  danger 
:ind  peril  to  the  country.  It  may  bring  under  our  dominion  foreign 
states  and  |irovinces,  but  it  will  bring  with  them  an  ignorant,  de- 
graded popubilion,  wholly  unprepared  for  the  enjoyuK'nt  of  our  free 
and  liberal  institutions.  With  the  extension  of  our  territorial  limits 
will  come  an  increa.se  of  armies  and  navies,  and  the  building  up  of 
a  great  military  power,  never  contemplated  by  the  framers  of  the 
constitution.  An  increase  of  Executive  patronage  will  follow,  and 
an  ambitious  President,  selected  from  the  successful  commanders 
of  the  aiiiiy,  may  trample  the  constitution  under  foot,  and  subject 
the  people  to  the  despotism  of  military  rule.  If  they  appeal  to 
the  (constitution  and  laws  for  protection,  they  will  be  answered  in 
the  lanotiage  of  Ccesar  to  :\letellus — "tl  at  arms  and  laws  never 
flourish  at  the  same  time."  Mr.  President,  I  call  on  the  student 
of  history,  and  jj-e  have  many  in  this  (ham  ber,  to  point  me -to  a 
nation,  either  ancient  or  modern,  that  has  by  its  wars  of  conquest, 
acquired  any  enduring  glory,  or  confered  any  lasting  benefits  upon 
its  people. 

Did  Greece  gain  any  enduring  fame  by  the  wars  of  conquest  in 
which  she  engaged?  No,  sir,  Grecian  liberties  perished  at  Clia'- 
ronea  more  than  two  thousautl  years  ago.  Rome  carrifnl  her  vic- 
torious anus  into  neighboring  provinces,  and  .subjected  them  to  her 
dominion,  but  she  could  not  save  her  republic,  Roman  liberties 
were  clo\cn  down  by  Roman  armies  on  the  battle  iield  of  Phillippi 
more  than  thirty  years  before  the  Christian  era, 

"Wh.at  has  France  gained  bv  the  wars  of  invasion  and  conquest 
in  which  she  has  been  engaged  ?  She  dethroned  kiijgs  and  estab- 
lished her  power  in  the  countries  around  her.  She  drenched  the 
continent  in  blood,  in  her  wars  of  conquest.  And  what  is  her  con- 
dition now  ? 

She  is  confined  to  her  ancient  limits,  and  quietly  reposinc;  under 
the  reign  of  her  legitimate  sovereign.  What  has  Russia  gained 
by  her  eontjuest  of  the  Caueassian  country  ?  Nothing,  sir;  she  re- 
ceived the  submission  of  the  people  in  179t),  and  from  that  day  to 
this,  she  has  been  compelled  to  keep  in  the  field  an  ariuy  of  twenty 
thousand  men  to  defend  ;ind  jirotcct  it.  Mr.  Pi'csidciit,  aggressive 
war  is  no  part  of  our  iiiission — ^we  can  gain  no  enduring  glory  by 
the  eon(iuest  of  foreign  states  and  provinces.  The  victories  that 
redound  most  to  our  honor  are  achieved  in  the  workshops  and 
counting  houses  of  the  country.  AVe  have  a  bro.ad  domain  with 
every  variety  of  soil  and  climate,  and  by  industry,  enterprise,  and 
energy,  we  can  command  all  the  comforts  and  luxuries  of  life, 
and  secure  for  our  country  the  admiration  ol'  the  world. 

Mr,  RUSK  indicated  his  intention  of  addressing  the  Senale  upon 
the  bill  to-morrow;  and 

On  motion. 

The  Senate  adjourned. 


FfiBRUARy    16. J 


PETITIONS— THANKS  TO  GENERAL  TAYLOR. 


297 


WEDNESDAY,  FEBRUARY  16,  1848. 


MESSAGE  FROM  THE  PRESIDENT. 

The  followins  messafjo  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary: 

7W  tlic  SniaU  (i/  the  Vailed  SUiici: 

1  commuiucate  lierewith  a  report  of  tlie  Secretary  of  War,  lOKelliei  with  the  ai- 
companvinB  report  of  the  Ailiutailt  General,  in  answer  to  tlie  resolution  ol  tlic  Senare 
of  the  Tlh  instant,  calling  for  information  in  rega.d  to  tlie  orilcr  or  law  liy  virtue  ol 
which  certain  words  "in  relation  to  the  promotion  of  Cadets  have  heen  inserted  in 
the  Army  RcRister  of  the  United  Slates,  page  45,  in  the  year  J'l^'^jj,^  j.    p^j^j^ 

Washington,  Feb.  l.'i,  1848. 


The  message  having  been  read — 

On  motion  by  Mr.  BENTON,  it  was 
Ordered,  That  it  lie  on  the  table,  and  be  printed. 

REPORT  FROM  THE  POST  OFFICE    DEPARTMENT. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the 
Postmaster  General,  made  in  compliance  with  a  resuhition  of  the 
Senate,  in  relation  to  the  causes  of  the  repeated  failures  of  the 
mail  to,  and  from,  New  Orleans. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered,  That  it  be  referred  to  the  Committee  on  the  Post 
Office  and  Post  Roads,  and  be  printed. 

SIGNING  or    BILLS. 

The  VICE  PRESIDENT  signed  the  following  enrolled  bills: 

All  act  to  iirovide  additional  r|uartcrs  near  to  New  Orleans  for  United  States'  sol- 
diers and  volnnteers  returned  from,  or  going  to,  the  seat  of  war  in  Me.vico. 

An  act  to  authorize  the  issuing  of  a  register  or  enrollment  to  the  schooner  Robert 
Henry. 

PETITIONS. 

Mr.  DIX,  in  presenting  the  memorial  of  the  Chamber  of  Com- 
merce of  the  city  of  New  York,  praying  for  a  return  of  duties  on 
merchandize  destroyed  by  fire  in  that  city,  in  July,  1845,  said:  the 
memorial  stated  that  by  the  conflagration  referred  to,  buildings 
and  merchandize  to  the  valne  of  about  six  millions  of  dollars  had 
been  consumed  ;  that  the  duties  on  the  merchandize  was  estimated" 
to  exceed  six  hundred  thotisand  dollars,  of  which  about  four  hun- 
dred thousand  dollars  were  on  unbroken  packages.  It  also  ap- 
peared that  many  of  the  merchants  on  whom  these  losses  fell,  im- 
mediately ordered  fresh  importations  to  supply  the  place  of  the 
merchandize  destroyed  :  so  that  they  had,  in  fact,  paid  double  du- 
ties. Under  these  circumstances,  they  prayed  that  the  duties  on 
the  merchandize  destroyed  might  be  refunded  ;  and  he  would  move 
to  refer  the  memorial  to  the  Committee  on  Einance. 

The  reference  to  the  Committee  on  Finance  was  ordered. 

Mr.  BRADBURY  presented  a  petition  of  citizens  of  Monroe. 
Maine,  praying  the  establishment  of  a  mail  route  from  Augusta  to 
Bangor,  in  that  State  ;  wliich  was  referred  to  the  Committee  on 
the  Post  Office  and  Post  Roads. 

Also,  the  petition  of  Amaziah  Gooilwin,  a  pensioner  of  the  Uni- 
ted States,  praying  an  increase  of  pension  ;  which  was  refer'-ed  to 
the  Committee  on  Pensions. 

Mr.  HANNEGAN  presented  a  petition  of  citizens  of  Indiana, 
prayins  the  establishment  of  a  mail  route  from  Jasper  to  Troy,  in 
that  Sfate  ;  which  was  referred  to  the  Committee  on  the  Post  Of- 
Kee  and  Post  Roads. 

.ADDITIONAL  CADETS. 

Mr.  DOWNS  submitted  the  following  resolution,  which  was 
considered,  by  unanimous  consent,  and  agreed  to  : 

RcKoli'ctl,  That  the  Committee  on  Military  .\llairs  be  instructed  to  inijuire  into  the 
expediency  of  providing  by  law  for  the  appointment,  by  the  President,  of  ten  or  more 
Hilditionalcaiiets  at  large,  in  the  Military  Academy  at  West  Point,  and  to  report  by 
bill  or  otlierwise. 

MESSAGE    FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  clerk. 

Mr.  President :  The  President  of  the  United  Stales  has  notified  the  House  of  Rep- 
resentatives, that  he  approved  and  signed,  on  the  15tli  iust.,  the  following  acts  : 

An  act  to  authorize  llie  issue  of  a  register  to  tlie  barque  Williamet. 

An  act  to  confirm  the  boundary  line  between  Missouri  and  Arkansas. 

.\ii  act  for  the  relief  of  Joseph  and  Lindley  Wanl. 

SURVEY  OF  THE  MOUTH  OF  RED  RIVER. 

Mr.  DOWNS,  from  the  Committee  on  Commerce,  to  whom  was 
30th  Cong. — 1st  Session— No.  38. 


referred  the  bill  to  provide  for  a  survey  of  the  mouth  of  Red  river  j 
in  the  State  of  Louisiana,  reported  it  without  amendment. 

LAND  OFFICE  IN  FLORIDA. 

Mr.  ASHLEY,  from  the  Committee  on  Pidilic  Lands,  to  whom 
was  referred  .sundry  petitions  of  citizens  of  Florida  on  the  subject, 
reported  a  bill  in  relation  to  the  location  of  the  land  office,  in  the 
Alachua  Land  District,  in  Florida,  which  was  read  and  passed  to 
the  second  reading. 

.appellate  JURISDICTION. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  bill  supplementary  to  the  act  entitled  "An  act 
to  regulate  the  exercise  of  the  appellate  jurisdiction  of  the  Su- 
preme Court,  in  certain  cases,"  and  for  other  purposes,  with  tlic 
amendment  of  the  House  of  Representatives  thereto,  reported  in 
favor  of  concurring  in  the  amendment. 

The  Senate  proceeded  to  consider  the  said  amendment  :  and  it 
was 

Resiilred.  That  they  concur  therein. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

amendment    of    the    JUDICIAL    SYSTEM. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  bill  from  the  House  of  Rep.iescntatives  to  amend 
an  act  entitled  ''  An  act  in  amendment  of  the  acts  respecting  the 
judicial  system  of  the  United  States,"  reported  it  without  amend- 
ment. 

thanks  to  general  scott. 

The  Senate  proceeded  to  consider  the  joint  resolution  from  the 
House  of  Representatives,  expressive  of  the  thanks  of  Congress  tn 
Major  Gener.ll  Witifield  Scott,  and  the  troops  under  his  command, 
for  their  distinguished  gallantry  and  good  conduct  in  the  campaign 
of  1847. 

Ordered,  That  it  be  passed  to  a  third  reading. 

The  said  resoliition  was  read  a  third  time. 

On  the  question,  "  Shall  this  resolution  pass?"  the  yeas  and 
nays  htid  been  demaded  at  a  former  day  by  Mr.  Hale;  and,  being 
ordered,  were  taken,  and  it  was  decided  in  the  aflii-mative,  as  fol- 
lows : 

Ykas. — Messrs.  Allen,  .Ashley,  .\tchison.  Badger,  Hagby,  Benton,  Berrien,  Brad- 
bury, Bright.  Butler,  Calhoun,  Oiiss.  Clayton,  Corwin,  Crittenden,  Davis,  ofMass.,  TJa- 

vis,  of  INIississippi,  Davt Dickinson,  Dix,  Downs,  Felch,  Foote,  Hannesan.  Houston, 

Hunter,  Johnson,  of  Ivld.,  Johnson,  of  La.,  Johnson,  of  Ga.,  Lewis,  Maugum,  Ma- 
son, Miller,  Moor,  Niles,  Rusk,  Sevier,  Spruaiice,  Sturgeon,  Turiiey,  Upliam,  VVest- 
eoll,  Yulee. — 42. 

Nays.— -Mr.  Hale.— 1. 

THANKS    TO    GENERAL    TAYLOR. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  tho 
Whole,  the  joint  resolutions  from  the  House  of  Representatives  of 
thanks  to  Major  General  Taylor. 

Mr.  CRITTENDEN. — I  rise  to  inquire  whether  the  resolution 
is  now  in  a  state  to  admit  of  amendment.  I  feel  quite  slronijly 
that  some  little  modification  of  the  language  of  the  resolution  will 
be  an  improvement  of  it.  When  before  the  Military  Committee 
some  exception  was  taken  to  the  form  of  the  resolution  ;  but  I 
am  one  who  is  not  at  all  scrupidous  about  the  language  used  on 
such  occasions,  when  compliment  is  intended,  and  so  rather  than 
disturb  the  resolution,  we  thought  it  best  to  report  it  back  to  tho 
Senate  just  as  it  was  sent  to  us.  But  upon  reconsideration  of  the 
matter,  I  think  it  proper  to  move  to  amend  the  resolution  by  stri- 
king out  the  words  "'  indomitable,'"  and  "thereby  obtaining  a  vic- 
tory over  the  enemy,  which,  for  its  signal  and  brilliant  character, 
is  unsurpassed  in  the  military  annals  of  the  world." 

Mr.  DAVIS,  of  Massachusetts,  called  for  a  reading  of  the  reso. 
lution  as  proposed  to  be  amended. 

The  resolution  as  amended  was  then  read,  and  the  amendment 
was  agreed  to. 

Mr.  CRITTENDEN.— I  have  suggested  the  amendment 
which  has  been  just  adopted,  not  from  any  disposition,  of  course,  at 
all  to  stint  or  duninish  the  honors  to  which  I  think  General  Tay- 
lor and  the  troops  under  his  command  are  entitled  for  the  victory 
of  Buena  Vista  ;  but  because  I  think  that  the  language  lo  wliich 
the  resolution  is  now  reduced,  expresses  in  the  simplest  form  and 
with  unquestionable  truth,  what  may  be  said  in  reference  to  that 
great  commander  and  his  army  in  that  achievement.  His  own 
bharaeter  is  of  that  simple  cast,  sir,  which  naturally  seems  to 


298 


THANKS  TO  CENERAL  TAYLOR. 


[Wednesday, 


prompt  the  use  of  a  languajje  conc^nnial  to  that  simplicity  in  every- 
thing that  is  said  of  him.  When  lie  and  the  l)attle  of  Jiuona  Vista 
arc  spoken  of,  no  pompous,  jraiuly  words  ;iri'  needed.  Both  stand 
out  before  the  world  in  charaeter  luid  form,  m  !«•  ri'inl  by  all  man- 
kind, in  a  lanijuafre  that  eannot  Iw  surpassed  liy  any  phraseology 
■which  we,  sir,  may  employ. 

I  am  .sorry  that  there  is  one  single  negative  in  this  body  to  giv- 
in<r  thanks  to  our  armies  for  the  victories  they  have  won  in  its  ser- 
vice. It  is  known  to  yon,  sir,  that  I  am  not  amongst  those  who 
have  approved  of  this  war  in  its  origin  and  its  progress  ;  but  I 
make  a  distinction  between  those  who  might,  as  I  think,  have 
guided  iiublie  afl'airs  more  wisely  and  with  better  results,  and 
those  whose  duty  it  was  to  obey  our  orders  and  conform  themselves 
to  our  decrees.  Is  it  possible  that  any  gentleman  can  desire  that 
the  oflieers  of  our  army  shall  set  in  cnuicil  v>  revise  our  acts  and 
determine  upon  the  cpiestion  of  the  molality  of  ibeir  obedience  to 
our  orders  ?  Your  rules  and  articles  of  war  lurbid  the  possibility 
of  it.  Any  convocation  of  military  men  in  camp  for  the  purpose  of 
deliberating'  upon  political  i|uesl ions  and  deciding  them,  is  prohi- 
bited under  the  severest  pains  and  penalties,  and,  sir,  we  would  not 
hear  their  iijipcal,  no  nuiltcr  how  respectful  the  form  in  which  it 
might  be  addressed  to  nf,  on  any  political  question.  They  arc  our  ex- 
ecutive oliicers,  and  their  duty  is  obedience.  Yet,  if  I  understand  the 
objection  made  here,  it  is  to  the  ellect  that  they  share  in  the  re- 
sponsibility of  our  decision;  and,  although  bound  by  their  oaths  to 
obedience — bound  by  their  oflice  to  obedience — bound  by  their  oflice 
not  to  interfere  with  polities,  or  intermeddle  with  our  decisions, 
but  to  obev  and  execute  them,  that  they  are  to  be  responsible  for 
our  decree's,  and  their  conduct  is  not  to  be  measured  by  the  skill 
and  tidelitv  with  which  they  execute  these  decrcess  there  is 
this  sort  of  caviling — this  morality,  if  you  please  so  to  name  it — to 
lead  us?  A sheriif  may  next  set  him,self  up  to  consider  the  judg- 
ment which  the  court  has  rendered,  and  to  take  into  serujiiilous 
consideration  how  far  he  can  consistently  excciilo  the  process  put 
into  his  hands  under  that  judgment  !  Sir,  he  has  as  much  right  to 
consider,  when  the  execution  is   put  into    his  hands,   the  morality 

'  and  justice  of  that  judgment,  as  Generals  Scott  and  Taylor,  or  any 
of  their  officers  or  men,  had  to  consider  the  justice  and  projiriety 
of  this  war.  The  law  and  the  constitution  have  marked  out  dc(i- 
nite  duties  for  them  to  perform,  and  their  merit  consists  in  their 
faithful  and  punctual  discharge  of  these  duties,  ami  nothing  else; 
and  they  deserve  credit  or  discredit  exactly  in  proportion  to  the 
constancy,  courage,  and  lirmness  with  which  they  do  discharge 
their  executive  duties.  I  can  see  no  end  to  the  mischiefs  to  result 
from  the  doctrine  of  the  gentleman  i'rom  Now  Hampshire.  Ac- 
cording to  this  doctrine  an  officer  is  not  only   to  consider  how   best 

'  he  may  execute  the  duty  imposed  upon  him  in  executing  our  laws, 
but  he  is  to  sit  in  counsel  and  judgment,  reviewing  our  acts  of  Con- 
gress, and  determining  for  himself  what  to  do,  and  acting 
accordingly.  Will  not  the  honorable  Senator  from  New 
Hampshire    allow    your    generals    and    officers    to    convene     to- 

;  gethcr,  and  mayhap  to  divide  themselves,  generals  and  colonels 
into  one  house ,  like  your  Senate  ;  and  corporals  and  privates 
into  another,  a  House  of  Commons,  there  to  take  into  consid- 
eration   the  ([uestions  of   war  and  peace,  and  decide    as  they  may 

/think  justice  and  morality  retpiire  ?  Will  the  gentleman  allow 
them  to  decide  for  war  when  we  are  in  favor  of  peace,  or  for  peace 
when  we  arc  in  favor  of  war  ?  What  does  the  gentleman  think 
of  that  ?  If  his  doctrine  be  ndmitted  it  must  bo  allowed  in  all  its 
consctpiences,  not  merely  in  those  to  which  the  gentleman  would 
conline  it.  'I'hc  army  may  as  well  overrule  our  decision  in  favor 
of  jicace  as  that  in  favor  of  war.  Sir,  this  is  nothing  but  a  spirit 
of  mutiny.  There  is  neither  patriotism  nor  morality  in  this  doe- 
trine;  neither  in  its  foundation  nor  its  results.  It  is  a  mutiny 
against  morality — a  mutiny  against  all  di.scipline — a  mutiny  against 
ail  government.  There  must  be  a  head  to  legislate  and  direct, 
an  1  a  body  to  execute.  It  is  in  the  Congress  of  the  United  States 
to  decide,  and  it  is  in  the  army  to  obey;  and  to  that  honorable  duty  I 
am  disposed  strictly  to  limit  and  confine  the  army.  1  am  wholly 
opposed  to  allowing  the  army  to  meddle  with  politics.  Your  armv 
will  be  very  ready  and  soitk!  of  its  officers  will  be  very  readv  to 
take  your  places  in  the  work  of  legislation,  and  not  only  to  hold 
the  sword  in  one  hand,  but  to  make  laws  with  the  other.  It  is  to 
that,  .sir,  that  the  doctrine  of  the  gentleman  leads;  for  the  moment 
that  you  require  of  your  generals  to  consider  and  entertain  the 
morality,  according  to  their  notions  of  orders  given  them,  you  must, 
from  that  moment,  leave  them  at  liberty  to  dcci<le  for  or  against 
you;  and  if  General  Taylor  be  authorized  to  consider  the  morality 
of  this  question  of  peace  or  war,  and  to  lay  down  his  s\v<n'd  if  he 
pleases,  every  officer  of  the  army,  and  every  enlisted  soldier,  has 
the  same  right  to  do  so.  Can  you  distinguish  between  one  and  the 
other  ?  No,  sir,  you  cannot.  And  what  sort  of  a  government  would 
you  have  in  that  case  !  It  would  be  the  mockery  of  the  world. 
Yet  that  is  the  result  to  which  this  rclined  and  original  system  of 
ethics  would  conduct  you.  Yet  that  is  the  pious  and  extravagant 
sort  of  morality,  by  the  aid  of  whose  inflation  .snine  minds  seem 
to  have  ascended  above  the  ordinary  and  .-iublunary  concerns  of  mnn- 
kind,  and  all  those  plain  rules  of  government  aiid  moralitv  which 
have  regulated  the  course  of  human  .<iociety.  These  philosophers 
soar  far  above  all  that,  and  entering  the  etherial  regions,  seem  en- 
gaged in  the  search  for  some  celestial  sort  of  guide  for  their  gov- 
ernment on  earth  !  I  do  not  say  that  the  gentleman  liefortrme 
goes  to  that  extent  of  extravagance.  He  is  one  fur  whose  talents 
and  ability  I  (entertain  all  proper  respect;  but,  sir,  is  not  the  doc- 
trine for  which  he  contends  likely  to  lead  others,  with  less  com- 
petency and  less  discretion  to  cireumseribe  its  tendencies,  into  all 


these  excesses  ?  Can  any  thing  but  misrule  and  disorder  and  ex- 
travagance be  the  consequence  '.  And  how  much  less  deluded  i^ 
such  a  politician  than  one  of  those  Millerites  who,  arraying  him- 
self in  what  he  calls  his  "  ascension  robes."  climbs  up  a  tree  in 
order  that  he  may  have  a  fair  tliglil  to  heaven !  It  seems  to  me  to 
to  be  a  political  delusion  of  the  same  character,  scarcely  less  ex- 
travagant, and  certainly  much  more  injurious  to  mankind. 

Now,  sir,  if  ever  military  men  deserved  credit  for  the  skill  aial 
courage  and  fidelity  with  which  they  executed  orders,  Taylor  and 
Scott  are  the  men  who  have  earned  it;  and  does  it  now  become  us, 
after  having  made  the  war,  or  any  of  us,  after  the  war  has  been 
made  by  the  country,  by  its  constituted  authorities — does  it  become 
us  to  set  ourselves  in  the  chair  of  rnoraiitv  and  give  a  sort  of  pro- 
lessional  lecture,  teaching  our  officers  and  soldiers  a  lesson  of  dis- 
obedience and  mutiny — teaching  them  that  the}'  should  receive  cur 
decision,  reverse  it,  and  breaking  their  swords,  return  homo 
breathing  out  denunciations  against  their  country,  for  the  injustice 
and  immoraUly  of  its  legislation?  Surely  not.  I  know  that  the 
objection  is  urged  only  against  giving  thanks,  but  that  amounts  to 
censure.  Will  you  not  civo  them  any  crcdil?  They  have  won 
battles.  Many  of  them  have  shed  their  blood — their  life's  blood. 
Why  are  they  not  to  have  thanks?  In  another  ease,  the  objector 
admits,  thanks  would  be  properly  accorded,  but  in  this  case,  he 
denies  that  they  could  be  justly  given.  Does  not  the  very  ground 
on  which  the  objection  to  the  honor  contemplated  to  be  given  to 
them  rests,  imply  that  they  have  not  done  their  duty  so  well  as 
they  might  have  done  it  by  not  gaining  the^e  victories?  Can  the 
gentleman,  or  anybody  else  here,  draw  a  valid  distinction?  Sup- 
pose they  bad  been  defeated  in  these  battles — suppose  General 
Taylor  had  been  vanquished  at  Buena  Vista,  would  the  gentleman 
then  have  offcied  his  thanks?  He  will  not  thank  him  for  the  victory; 
would  he  have  thanked  him  for  sufl'ering  defeat?  Suppose  the  sol- 
diers bad  refused  to  obey  the  orders  of  General  Taylor,  saying 
■'We  have  considered  this  matter,  and  do  not  think  thiU  this  is 
a  just  war — wc  think  it  has  been  carried  far  enough — it  ought  to 
have  stopped  at  Monterey;" — ^would  these  men,  in  the  estimation 
of  the  gentleman,  have  merited  our  thanks? 

Sir,  the  evils  into  which  the  conscqiicnees  of  this  doctrine,  if 
adopted,  would  lead  us,  are  endless  and  nameless.  I  can  only  say 
of  the  doctrine,  that  it  is  full  of  mischief.  These  men  have  sus- 
tained the  honor  of  their  country — they  have  gained  illustrious  and 
distinguished  victories  against  those  whom  you  have  declared  to 
be  enemies,  and  against  whom  you  have  sent  them  to  fight.  It  is 
for  that  I  givi!  them  thanks;  it  is  for  that  the  Senate  and  the  coun- 
try have  given  their  thanks;  and  I  do  hope — I  can  hardly  hope — I 
was  about  to  express  the  hojie— that  this  resolution  may  be  allowed 
to  pass  without  a  single  dissenting  voice.  The  iionorabic  Senator 
from  New  Hampshire  has  already  achieved  the  solitary  glory  ol 
standing  alone.  I  can  myself  make  no  distinction  between  Taylm- 
and  Scott,  or  their  re.spective  armies  in  regard  to  these  victories; 
but  I  cannot  but  hojie  that  when  a  gentleman  of  so  much  talent  anil 
ability  as  the  honorable  Senator  from  New  Hampshire  shall  recon- 
sider more  calmly  and  cooly  the  ojiinions  underjwhieh  he  has  acted, 
and  advocated  so  eloquently  here,  he  will  be  disposed  to  think  that 
it  is  better  to  go  on  in  the  plain  common  way  in  which  mankind 
have  gone,  and  that  the  reason  of  mankind  has  approved  lor  so 
many  years,  than  strike  out  into  any  of  these  new  and  devious 
paths,  into  which  extravagant  and  over-refined  notions  of  morality 
may  lead. 

Mr.  HALE. — ^So  pointed  allusion  has  been  made  to  the 
position  which  I  occupy  that  it  seems  due  to  myself  and 
to  the  Senate  that  I  should  say  one  word  in  vindication  of  the 
course  which  I  have  taken.  This  is  the  second  oci-asion  on  the  floor 
of  the  Senate,  within  a  few  days,  on  which  I  have  been  either 
complimented  or  reproached — 1  can  hardly  say  which — for  stand- 
ing alone.  That  was  the  very  lui.ssion  upon  which  I  came.  I 
cainc  here  to  sttiiid. alone,  so  long  as  that  ]iolicy  winch  the  govern- 
ment was  pursuing  was  persisted  in;  and  I  shall  continue  to  stand 
alone  until  different  sentiments  prevail  in  this  body,  or  a  revolution 
in  public  sentiment  shall  send  diflerent  representatives  upon  this 
floor.  That  is  my  position,  then,  and  whether  it  is  an  honor  or 
reproach,  others  liiav  say.  It  is  not  for  me  to  say  whether  it  is 
honorable  iir  dishonorable, 

Tlur  honorable  Senator  from  KcntU(-ky  seems  to  think  that  my 
course,  if  persisted  in,  would  open  Pandora's  box  and  let  loose  and 
rampant  all  manner  of  evil  upon  society  in  the  United  States. 
What  is  the  course  whi<-li  I  adopted?  Has  a  syllable  against  the 
character  of  cither  of  those  oliicers  escaped  my  lips?  Certainly 
not — not  a  syllable.  When  the  subject  came  up,  I  said  that  I 
could  not  consistently  with  the  convictions  which  I  entertained,  re- 
cord iny  vote  ill  favor  of  thanks  to  those  oliicers.  Sir,  I  may  be  a 
fanatic  or  a  Millerite;  but  I  will  not  be  a  hypocrite.  1  will 
not  thank  oflieers  for  the  agency  which  they  have  had  in 
producing  results  which  I  loathe.  No,  sir.  Whilst  disapproving 
of  the  whole  all'air,  i  confess  that  I  have  not  diserinimation 
enough — I  have  not  sulficicnl  skill  in  s]iliitinn'  hairs — to  enable 
me  without  uneasiness  to  denounce  the  war  as  a  war  of  rob- 
bery, as  unconstitu'ional  and  unjust,  tis  begun  by  the  President, 
and  at  the  stuiic  time  thank  the  agents  who  have  been  en- 
gaged in  carrying  out  this  unjust  and  unconstitutional  war.  My 
fanaticism  does  not  enable  inc  to  moke  such  subtle  distinctions  as 
that;  and  all  that  I  said,  when  I  addressed  the  Senate  for  a  few 
moments  on  that  day.  was  that  I  proposed  to  vindicate  the 
propriety  of  my  conduct  by  a  reference  to  history,  showin" 
that  on  a  similar  occasion,  a  precedent  had  beeri  furnished,  which 


February   16.] 

I  ihousht  I  mi'cht  safely  follow.  That  precedent  was  presented 
in  the  conduct  of  those  who  stood  upon  the  side  of  justice,  truth, 
liberty  and  humanity,  in  the  British  Parliament,  when  the  jji^antic 
power  of  that  empire  was  exerted  to  crush  the  spirit  of  liberty 
here  then  stniiiiilin^  for  existence.  Chatham,  Fox,  Wilkes,  Bar- 
rv,  and  a  host  of  learned  dead  tlicn  stood  up,  and  with  ifianly  and 
truthful  eloquence,  denounced  the  arbitrary  acts  of  jiower  directed 
against  the  friends  of  freedom  in  this  country;  and  what  would  wo 
have  thong'ht  of  their  sincerity  and  honesty — what  sentence  would 
the  moral  sense  of  the  world  have  jironounced  U]ion  them,  if  after 
they  had  thus  denounced  the  administration  and  the  war,  they  had 
cone  to  the  footstool  of  power,  ami  beowcd  down  and  thanked  the 
a<»"ents  that  had  been  the  t"ols  of  this  tyranny  and  oppression  ?  Had 
those  illustrious  friends  of  liberty  tluis  acted  at  that  day,  I  think, 
sir,  their  fame  woidd  have  a)ij)eared  in  a  very  different  liijht  upon  the 
pages  of  history.  But  the  honorable  Senator  has  said,  that  in  the 
course  which  I  have  taken,  there  is  neither  patriotism  nor  morality. 
I  beg  leave  to  tell  him  it  is  a  difrcroncc  of  opinion,  merely.  Moral- 
ity is  a  pretty  general  term,  and  may  cover  a  great  many  transac- 
tions about  which  there  is  dillbrenee  of  opinion ;  on  that  there  can 
certainly  be  no  issue  as  it  is  a  mere  question  of  opinion. 

I  ask  if  the  doctrines  promulgated  by  the  honorable  Senator 
from  Kentucky,  arc  not  those  which  should  receive  the  umpialiti- 
cd  condemnation  of  the  American  Senate,  and  the  American  peo- 
ple ?  What  are  they  ?  They  amount  simply  to  this — tliat  your 
army  is  a  great  uiachinc — a  tool,  without  heart,  without  head, 
without  rollcction — nothinix  but  one  great  piece  of  animal  mechan- 
ism— that  the  President,  stamhng  at  the  head  of  the  administra- 
t'on,  has  hut  In  nive  the  word  and  it  operates  as  he  chooses  ;  and 
that  the  thanks  of  the  American  people  are  due  to  that  army,  irre- 
spective of  any  considerations  connected  with  the  character  of  the 
duty  which  is  assigned  to  it  to  jicrform.  Suppose  your  President 
sends  the  army  to  this  Senate  to  enact  over  the  scenes  which  oc- 
curred in  England,  when  Cromwell  dissolved  the  Parliament,  tell- 
ing them  that  the  kingdom  of  Christ  had  come  and  he  had  no  need 
of  such  an  assembly,  would  it  then  be  your  duty  to  give  thanks  to 
the  army,  because  it  had  obeyed  the  bidding  of  its  master  ?  Let 
me  tell  the  hoporalilo  Senator  that  my  reading  of  history  has  taught 
me  that  there  is  great  danger  to  be  apprehended  to  any  republic 
fi'om  the  overshadowing  inlluence  of  this  military  iame,  which  this 
Senate  is  about  to  bolster  up  by  this  vote  of  thanks.  Has  he  for- 
gotten the  historv  of  that  period  of  the  Roman  republic  when  they 
elected  their  emperor  in  the  camp  .and  then  came  to  the  Senate  for 
its  ratification  ?  What  are  the  American  people  about  lo  do  ? — 
The  camp  has  already  elected  yonr  emperor — your  next  President, 
The  decree  has  not  yet  been  registered,  but  tiie  thing  is  done. 
There,  I  think,  lies  the  danger.  Wc  have,  it  is  true,  many  aspi- 
rants for  public  favor,  but  tlie  camp  has  already  made  the  selec- 
tion. The  forms  of  the  conslilution  mav  be  preserved  this  time, 
l)nt  no  man  knows  how  much  lonner  tlicy  will  be  retained.  But 
whether  that  day  may  be  more  or  less  remote  than  many  of  us  may 
imagine,  when  the  camp  comes  here  to  ask  the  .\iuerican  Senate 
to  ratify  its  deed,  they  never  shall  have  my  thanks  for  any  agency 
in  transactions  which  my  iudgment  condemns.  I  do  not  say  one 
word,  because  it  is  ibreign  to  my  purpose,  in  regard  to  the  charac- 
ter of  those  officers.  I  do  not  question  their  skill,  tlicir  bravery, 
their  judgment.  I  have  not  a  word  to  say  against  them — I  have 
not  a  .single  hostile  feeling  to  them  in  my  heart.  Reirarding  them, 
however,  as  the  agents  in  transactions  of  which  I  wholly  disap- 
prove, I  cannot  thank  them,  because  I  cannot  separate  their  instru- 
mentality from  the  work  in  which  they  have  been  engaged. 

Mr.  FOOTE. — I  was  not  in  my  place  the  other  day,  when  the 
discussion  of  these  resolutions  was  in  prosress.  but  if  I  had  been, 
I  should  have  regarded  it  as  nnpardon.able  had  I  not  said  soine- 
thing  in  reference  to  the  sentiments  which  have  formed  the  sub- 
ject of  the  indiirnant  comments  of  the  lionorable  Senator  from 
Kentucky.  I  am  not  surprised  at  the  course  pursued  by  the  Sena- 
tor from  New  Hampshire,  nor  can  any  one  who  heard  his  languatre 
to-day,  be  surprised.  The  whole  secret  of  his  opposition  to  the 
vote  of  thanks  has  at  last  discovered  itself.  He  is  afraid  that  the 
army  may  eieet  a  President.  He  is  .afraid  that  the  military  excite- 
incnt  of  the  time  maybe  so  potent  as  to  thrust  .some  individual  into 
tile  Presidency  who  acquired  glory  in  this  war  ;  and  in  consequence 
of  which,  that  a  certain  distinguished  Senator  from  New  Hampshire 
nominated  IVn-  that  very  oilice,  and  who  has  accepted  the  nomina- 
tion, might  be  excluded.  It  would  be  quite  improper,  then,  to 
blame  the  Senator  from  New  Hampshire  for  the  course  which  he 
has  adopted  on  this  occasion.  The  Senator  is  quite  right.  He  is 
acting  upon  ihe  prineijile  of  enlisrhtened  selfishness.  The  whole 
country  will  do  justice  to  his  motives,  and  he  will  descend  to  pos- 
terity as  the  most  magnanimous  statesman  of  modern  times  !  I 
am  happy  indeed  to  hear  the  magnanimous  declaration  which  es- 
caped the  lips  of  the  Senator  from  Kentucky — I  will  not  say  es- 
caped by  accident,  for  it  was  evident  that  it  was  the  ]a,nguajTe  of 
his  feelings  and  his  understanding — the  same  language  which  is 
expressed  by  the  intelligence  and  patriotism  of  the  people  iu  all 
parts  of  the  "Union,  whatever  faction  may  have  .said,  in  all  the  ac- 
cursed forms  in  which  faction  has  arrayed  itself  before  the  country. 
The  Senator  from  Kentucky  has  taken  the  ground  boldly  that  this 
is  a  national  war — the  war  of  the  country— a  war  made  bv  Con- 
gress  and  sanctioned  in  all  the  forms  known  to  the  constitution, 
and  that  therefore  every  patriot  in  the  land  is  bound  to  sustain  it, 
especially  those  who  are  employed  in  arras  for  the  national  de- 
fence. It  is  no  Presidential  war,  then,  as  some  have  asserted. 
It  is  no  war  gotten  up  for  unholy  and  corrupt  purposes.     It  is 


THANKS  TO  GENERAL  TAYLOR. 


299 


no  unconstitutional  war,  as  some  have  argued,  but  it  is  a  war 
declared  by  Congress,  having  every  sanction  th.at  national  legisla- 
tion can  give;  a  war  which  every  patriot  must  sustain  in  its  vigo- 
rous prosecution  up  to  a  glorious  termination,  and  which  none  but 
traitors  any  where  can  oppose.  1  speak,  of  course,  within  due 
bounds.  I  allude  not  to  the  course  of  any  Senator.  I  speak  but 
the  language  of  historv  when  1  say,  that  in  no  aije  since  cinliza- 
tion  began,  has  there  been  any  name  for  any  man  who  opposed 
his  country  either  in  thought,  word,  or  deed,  when  in  arms  for  her 
own  defence,  except  traitor.  That  is  the  name  by  which  the  Se- 
nator would  be  known  if  ho  dared  to  act  out  the  sentiments  of  his 
heart  as  manifested  in  the  language  which  he  has  uttered  to-day. 
The  pumshuient  of  trea.son,  in  all  countries,  is  death;  and  f<e 
who  would  act  nut  these  sentiments  would  incur  that  as  his  due 
reward.  I  doubt  whether,  in  some  parts  of  the  country,  the  pro- 
cess of  law  would  be  waited  for;  and  even  in  some  districts  of  New 
England,  I  am  inclined  to  think  that  a  coat  of  tar  and  feathers,  or, 
(lerbaps,  a  severer  inlliction  of  Lynch  law  would  be  administered. 
1  am  tired  and  sick  of  this.  I  have  been  sufiicicntly  wearied  with 
it  at  home,  when  reading  newspaper  accounts.  I  have  been  nau- 
scaled  with  it  here.  The  whole  country  is  indignant  ;  there  is 
but  one  voice  on  the  subject,  except  the  small  voice  that  is  uttered 
by  an  unprincipled  faction  in  New  England.  I  say  an  "unpriii- 
lipled  faction,"  because  it  is  a  party  gotten  up  for  tlie  purpose 
of  bloodshed,  delusion  and  injustice — a  party  that  cries  '-peaee, 
peace,"  when  the  national  lionin-  is  involved,  and  the  country  is 
armed  in  its  defence — a  parly  that  <u"ies  out,  ''let  us  not  shed  the 
blorjd  of  the  poor  Mexicans — they  have  sulfercd  enough  injustice 
at  our  hands  ;  let  us  make  indemnity  for  the  wroii2;s  which  we 
have  perpetrated  upon  them  !" 

I  should  have  been  very  much  astoni.shed  if  a  difTcrent  course 
had  been  adopted  by  the  Senator  from  New  Hampshire.  I  am 
not  a  very  diligent  reader  of  abolition  newspapers,  but  looking 
over  one  or  two  lately,  I  perceived  that  a  person  named  Garrison 
bad  been  indulging  in  denunciations  of  the  Senator  from  New 
Hampshire,  because  m  a  speech  which  he  had  made  on  this  floor, 
he  bad  expressed  some  regret  at  being  compelled  to  assume  the 
character  of  an  Islimaelitc  in  this  body;  which  by  the  by  was  not 
exactly  the  fact  till  now,  for  tliough  it  is  true  that  his  hands  were 
against  every  man,  yet  nobody  noticed  him.  However,  for  that 
declaration,  and  for  the  expression  of  the  hope  that  nothinfr  he 
had  said  would  be  regarded  as  oHcnsivc,  the  Senator  from  New 
ifampshire  had  been  taken  to  task  by  Lloyd  Carrisim,  who  had 
denounced  him  as  not  being  a  Lilicrty  man;  that  he  was  not  worthy 
of  the  presidency ;  and  hail  asserted  that  his  name  ought  to  be  strick- 
en from  the  Liberty  ticket.  Well,  the  Senatiir  from  New  Hamp- 
shire having  of  course  domestic  liusiness  which  calletl  him  to  New 
England,  had  gone  thilher  and  indulged  himself  in  several  gusty 
harangues  in  order  to  retrieve  his  character,  and  revive  his  claims 
to  the  Presidency.  His  course  there  entirely  conciliated  the  whole 
abolition  party  of  New  England,  and  with  such  motives  to  ener- 
getic action,  I  am  not  at  all  surprised  that  the  Senator  has  re- 
turned filled  with  new  zeal  and  increased  animosity  against  this 
war;  and  tiiat  he  should  Inivc  made  those  rlietorical  flourishes  in 
which  he  has  so  freely  displayed  himself  on  this  occasion.  I  should 
have  been  very  much  surprised  if  he  had  pursued  any  other  course. 
I  will  not  detain  the  Senate  long;  but  for  the  purpose  of  show- 
ing that  the  Senator  is  a  politic,  judicious  man,  and  that  tlioufb 
not  at  all  ambitious,  he  may  perhaps  twenty  years  hence,  making 
<'n]iital  so  rapidly  as  he  docs  on  this  great  question,  stand  a  gooil 
chance  for  the  Presidency,  and  using  the  most  eflicicnt  means  to 
improve  his  ultimate  popularity,  I  will  call  attention  to  a  few  pas- 
sages in  a  pamphlet  which  I  have  seen  for  the  first  time  this  mornni"-. 
It  was  sent  to  me  by  a  gentleman  who  informs  me  tiiat  it  is  in  ex- 
tensive circulation  in  New  Enaland,  and  is  producinof  an  extraor- 
dinary eflect.  It  seems  that  it  is  circulated  by  another  party,  who 
arc  amliitious  of  obtaining  the  Liberty  men  as  allies,  I  speak  by 
the  bnnk  when  I  sav  that  a  distinguished  Senator  from  New  Eng- 
land, (Mr.  Webster,)  not  now  in  his  scat,  did  in  a  place  not  far 
from  Fanueil  Hall  some  months  ago,  openly  recognize  the  aboli- 
tionists as  political  brethren,  and  besceched  them  most  aflection- 
ately  to  unite  with  the  whig  party.  I  consider,  then,  that  the 
whig  party  of  New  England  and  the  faction  controlled  bv  the  Sena- 
tor from  New  Hampshire,  stand  on  the  same  platform.'  Probably 
no  reply  will  be  attempted  ta  what  I  say.  It  m,ay  be  that  I  will 
not  be  deemed  worthy  of  notice  by  the  distinguished  Senator  over 
the  way,  but  that  will  not  prevent  me  from  no! icing  him — cour- 
teously and  patriotically,  I  trust — and  in  such  manner  as  I  may 
think  that  notice  at  my  hands  is  demanded.  Humble  as  mv  abili- 
ties may  be,  I  recognize  no  superior  here,  so  lar  as  the"  State 
which  I  have  in  part  the  honor  to  represent,  is  concerned.  I  am 
not  at  all  surprised  that  New  England  should  be  visi;ed  with  this 
pamphlet  at  this  time,  because  ^he  distinguished  Senator  from 
New  England,  first  in  Richmond,  in  eorameueing  his  famous  south- 
ern tour,  undertook  to  call  this  war  in  question,  and  afterwards 
when  he  got  back  to  New  England  held  the  same  languao-e,  and 
asserted  that  it  h.ad  been  the  settled  judgment  of  all  nations  that 
the  injustice  of  the  war  most  materially  tarnished  the  lustre  of  our 
arms.  Has  that  been  explained  ?  Can  it  be  explained  or  vindi- 
cated ?  It  means  what  the  Senator  from  New  Hampshire  has 
more  boldly  said,  using  plainer  and  more  explicit  language,  but 
language  not  more  unpatriotic  than  that  to  which  I  have  just  re- 
ferred— language  which  will  not  be  less  fiercely  condemned  by  pos- 
terity than  that  uttered  on  the  occasion  to  which  I  have  alluded,  by 
one  of  the  most  celebrated  men  of  the  whig  party,  whose  influence 
has  spread  itself  abroad  through  all  lands,  and  has  a  most  control!. 


300 


THANKS  TO  GENERAL  TAYLOR. 


[Webnesday, 


in""  effect  in  Mexico  at  the  present  time,  against  his  own  country. 
The  same  sentiment  has  been  again  and  again  expressed  by  the  or- 
.ran  of  the  whiijs  in  this  city — the  National  Intelligencer.  Every 
whi""  paper  in  the  conntryj  with  a  (c\v  exceptions,  has  re-echoed  it; 
and  we  all  recollect  the  expression  in  a  certain  speech  delivered 
jj^^re — to  which  I  allude  in  no  spirit  of  unkindness— that  if  the 
speaker  had  been  a  Mexican  as  he  was  an  American  he  wou\<i 
have  welcomed  om-  armies  with  bloody  hands  and  liospitable  graves. 
Vet  that  speech  was  published  with  their  editorial  sanction  in 
utmost  every  whig  paper  in  the  country.  When  on  my  way  hither 
last  winter.  I  saw  in  Louisville  a  whig  paper,  the  organ  of  the 
party  in  that  city,  tlic  Louisville  Journal,  which  eulogized  and^ 
commended  the  speech  in  the  warmest  and  most  exalted  terms  of 
enconium.  AViiilstthon  there  are  many  men  in  that  party — a  glo- 
rious band,  of  whom  I  am  glad  to  recognize  the  distinguished  Sena- 
tor from  Kentucky  as  tlie  leader,  who  do  respond  to  the  sentiments 
which  he  has  expressed  this  morning — patriots  in  heart  and  in 
deed  recognizing  the  noble  sentiment  of  Roman  heroic  times,  that 
it  is  a  sweet  and  glorious  thing  to  die  for  one's  country  ;  whilst  a 
tri-eat  number  of  the  members  ^of  the  whig  party  entertain  such 
sentiments,  there  are  many  others  who  openly,  or  in  their  hearts, 
cherish  sentiments  similar  to  those  I  have  described,  which  they 
would  dare  to  act  out,  if  the  majority  of  the  people  would  sanc- 
tion them.  Here,  then,  is  the  pamphlet  written  by  a  member  of 
the  party  of  which  the  Senator  from  New  Hampshire  is  the  expo- 
nent  here.     It  is  said  that 

*'  A  rose  l)y  any  otiier  name  ■\vouM  smell  as  sweet." 

By  what  name  shall  I  designate  the  party  of  which  the  gentleman 
from  New  Hampshire  is  the  representative  ?  Is  it  the  abolition  or 
liberty  party  ?  However  this  may  be,  it  is  on  the  shoulders  of  that 
party  that  he  expects  to  be  foisted  into  the  White  House.  Oh  ! 
may  Heaven  preserve  my  country  from  such  a  calamity  as  that !  I 
say  it  with  no  intention  to  insult  the  Senator,  but  because  be  holds 
principles  which,  if  carried  out,  would  make  this  republic  more 
infamous  in  the  pages  of  history  than  any  nation  that  has  ever 
existed.  The  pamphlet  is  cniitled  "  Dick  Crowningshicld,  the 
Assassin,  and  Zachary  Taylor,  the  Soldier  :  the  difference  between 
them — by  Henry  C.  Wright."  It  is  now  circulating  in  New  Eng- 
land under  whig  sanctionj  and  is  written  by  a  member  of  the  liberty 
party. 

Mr.  HALE. — Does  the  gentleman  mean  to  say  that  the  author 
of  that  pamphlet  is  a  member  of  the  liberty  party  ? 

Mr.  FOOTE.— So  I  imderstand. 

Mr.  HALE. — That  individual's  career  in  England  and  this  coun- 
try is  well  known.  He  denies  the  right  of  all  human  government 
whatever,  and  there  is  no  party  which  he  denounces  with  more  se- 
verity and  opprobium  than  the  liberty  party.  The  honorable  Se- 
uatoi-  from  Mississippi  is,  therefore,  mistaken  in  supposing  that  he 
is  a  member  of  that  party.  It  is  not  .so.  The  honorable  Senator 
asks  to  what  party  I  belong,  and  the  name  of  that  party.  I  can 
tell  him  in  a  moment  the  origin  of  the  movement  whieh  has  ma^e 
my  name  somewhat  notorious  in  New  Hampshire  in  regard  to  the 
position  which  I  took  about  four  years  since.  I  was  then  a  mem- 
ber of  the  House  of  Representatives  from  the  State  of  New  Hamp- 
shire. At  that  time  the  project  of  annexation  was  mooted  in  the 
House,  and  the  Richmond  Enquirer,  then  edited  by  the  present  ed- 
itor of  the  Union,  declared  that  any  one  expecting  any  thing  trom 
tlie  administration,  must  not  go  against  that  measure.  I  did  not 
expect  any  thing  from  the  administration,  but  I  opposed  the  mea- 
sure, and  in  a  letter  to  my  constituents  I  announced  my  intention 
to  vote  agamst  it.  assigning  the  reasons  which  influenced  me  in  tiie 
determination.  Thereupon  the  progressive  democracy  of  New 
Hampshire  came  together  and  denounced  me,  and  an  issue  was  at 
<mec  made  in  that  State  upon  tho  question.  That  is  the  origin  of 
the  movement,  and  the  Senator  is  at  liberty  to  give  it  any  name 
which  will  best  suit  his  classification.  But  ho  is  entirely  mistaken 
as  regards  Mr.  Wright,  who  is  no  more  a  member  of  the  liberty 
party  than  that  Senator  iS;  and  probably  looks  on  it  with  as  much 
loathing  as  he  does. 

Mr.  FOOTE.— T  am  very  glad  to  hear  that  he  does.  Howe- 
ver, the  pamphlet  has  been  circulated  by  the  Whigs  of  New  En<'-- 
land.     The  author  may  then  be  a  Whig. 

Mr.  HALE. — As  I  stand  alone  I  have  only  to  lake  care  of  my- 
self.    The  Whigs  can  take  care  of  themselves. 

Mr.  FOOTE.— Well,  I  do  not  imderstand  tho  author  to  be 
strictly  in  correspondence  with  the  Senator  from  New  Hampshire, 
or  that  they  are  inhabitants  of  the  same  town  or  county.  Indeed, 
people  change  their  politics  so  readily  now-a-days,  that  it  would 
be  a  little  unsafe,  perhaps,  for  the  Senator  to  undertake  to  say 
what  are  the  present  political  principles  of  Mr.  Wright,  with 
wliom  he  is  ashamed  to  bear  any  connection. 

Mr.  HALE.— No,  I  am  not. 

Mr.  FOOTE.— Well,  then  he  is  the  particular  friend  of  the  Se- 
nator from  New  Hampshire,  and  of  one  thing,  I  am  certain  that 
in  my  State  such  a  pamphlet  could  not  be  allowed  to  circulate 
amongst  the  whigs  lor  a  day.  Such  lan^niage  us  I  am  about  to 
rend  coidd  not  be  uttered  in  the 


reside  without  hazard  of  life;  nor  could  it,  in  my  opinion,  any  where, 
where  a  hiirh  state  of  patriotism  exists.  Well,  I  will  read  a  few 
delicious  extracts  from  this  pamphlet,  and  I  hope  that  if  it  be  not 
a  whi<T  document,  gentlemen  will  stop  its  circulation.  The  gen. 
tlemaii  denies  that  it  is  a  Liberty  document.  W^ho  has  had  it  eir- 
cuhitcd  I  am  not  prepared  to  say,  but  I  think  that  it  is  perhaps 
intended  to  promote  the  Senator's  claims  and  those  of  whig  Presi- 
dential aspirants  generally,  always  excepting  General  Taylor. 

DICK    CROWSISGSHIELD — HIS    EMPLOYERS — HIS  BCSINESS. 

Joseph  White  lived  in  Salem.  He  was  old  and  rich,  Joe  and  Frank  Knapp 
lived  ill  the  same  town,  Tliey  coveted  Iik  property  and  exjiected  to  iiilierii  it  at  liis 
(leaili.  The  protracted  life  of  Jo^ph  White  was  considered  by  tliem  a.-;  opposed  to 
their  interests.  They  wished  to  destroy  it.  They  called  on  Dick  Crowningshield,  a 
voun;?  man  living  in  Salem,  wlio  had  studied  the  art  of  human  slaughter  at  the  Wi  i 
I'diiit  -Military  Academy,  and  said  to  him,  in  substance  : — 

"  Will  vou  enlist  intoour  service  ?" 

Dick.— "What  to  do  7" 

Kuiipps. — "  We  wish  to  kill  Joseph  White." 

Dick. — "  What  harm  h:ishe  done  to  yon?" 

Kn.'tpps. — "  None,  save  that  by  hi*  life  we  are  kept  out  of  the  possession  of  pro|)er- 
tv  which  we  expect  to  inherit.     We  have  no  resources  hut  to  kill  him." 

Dick. — "  But  lie  is  innocent  of  all  evil  intentions  towards  you  ?" 

Kii:i|ips. — '*  We  know  he  i?.  ;  but  his  life  is  in  onr  wav,  and  we  wish  to  2et  rid  of 
him?" 

Dick.—"  But  would  it  lie  right  to  kill  liiin  ?" 

Knapps. — "  (live  yourself  no  trouble  about  thai.  We  will  be  responsible  for  the 
ri;:ht  or  wrong  of  the  ilced.  If  you  enlist  to  do  it,  you  have  nolliing  to  do  wilii  that 
ijueslion." 

Dick. — "  But  suppose  I  think  it  murder  T^ 

KuapjB — '*  Tliat  is  our  concern,  not  yours.  If  you  cnlLst  into  onr  service,  wewi^li 
yoa  to  enlist  to  do  our  pleasure,  even  llioiijrh  yon  think  it  to  he  murder.''^ 

Dirk.— "Who  is  to  he  benefitted  hy  hh  ik-iiih  V 

Knapj)S.^ — "  Ourselves,  of  course.  Wc  do  not  uish  to  kill  him  for  his  good,  but 
solelv  lor  our  own." 

Dii-'k. — "  So,  then,  1  am  to  understand  that  you  wish  to  eniisl  me  into  your  service, 
to  kill  an  imtoeeut  man,  at  vmir  instigation,  and  for  your  benejit?** 

Knapps. — "  That  is  our  wish.     Will  you  enlist  ?" 

Dick. — •*  What  am  Ilogel  for  doing  the  deed?" 

Knajips. — "  One  thousand  dollars," 

Dick. — "  Do  von  wish  me  to  kill  any  others  ?" 

Knapps  — "  Kill  this  one  man,  and  the  money  is  yours,  and  we  will  discharge  you 
from  our  service  as  soon  as  the  deed  is  done.'* 

Dick. — "  Well,  I  see  no  more  wrong  in  enlisting  into  the  service  of /7P0  men  to  kill 
one,  at  thfir  bidding  and  for  their  benefit,  than  in  t!nli.sting  into  the  service  of  million^', 
called  a  State,  to  kill  thousands  at  their  bidding  and  lor  their  beuefil.  So,  I  am  at 
your  senice,  and  will  execute  your  jdeasure  upon  Joseph  White." 

The  Knapps  furnished  their  recruit  with  a  dirk  and  bludgeon.  At  midnight,  lie  enter- 
ed the  back  window  with  a  dark  lantern,  crept  np  the  front  stairs,  and  entered  the  sleep- 
ing chamber  of  Joseph  White.  He  was  asleep.  Dick  struck  him  on  his  head  with  a 
rlub;  then  turned  down  the  clothes  and  stabbed  Iiim  thirteen  times  in  the  region  of 
his  heari.;  then  covered  liim  up.  left  the  house,  hid  the  bludgeon  under  the  door-steps 
of  a  church,  and  melted  the  ihtgger.  Dick  and  the  Knapps  were  taken  np  and  fmpris- 
oned.  While  awaiting  their  trial  Dick  hung  himself.  The  Knapps  were  tried,  con- 
demned and  hung. 

What  would  you  call  Dick  Crowningsliield  ?  A  hired  Assassin,  is  tlie  answer; 
and  all  will  insist  that  this  is  the  only  phrase  in  the  English  language  that  can  truly 
designate  his  character  and  position.  What  would  you  call  the  Knapps  ?  The  insti- 
gators and  prime  movers  in  the  deed — the  Kmpi.oyers  of  a  hired  Assassin.  The 
relation  between  {'rowningslneld  and  the  Knapps  was  that  of  a  hired  Assassin  to  bis 
employers.  The  community  would  not  euilure  the  presence  of  the  employers  or  the 
employed  among  them,  and  thi-y  put  them  all  to  death. 

ZAriiARY  TAVi.oR^ms  Employers— HIS  Business. 

There  is  a  town  in  Mexico  called  Monterey.  Jt  contains  say  20,000  inhabitants, 
more  or  less.  They  never  injured  the  people  of  the  I'uited  States,  even  in  thouglit. 
Yet  tlieir  existence  is  opposed  to  their  anibitioii,  and  lu>I  of  gold  and  of  oppression.  TTiey 
wish  to  destroy  the  town  of  Monterey.  So.  those  who  compose  the  United  States, 
tlirougji  their  agents,  the  recruiting  officers,  go  forth  to  enlist  men  into  their  service' 
They  meet  Zachary  Taylor,  and  ask  him.  in  substance  ; — 

'■  Will  you  enlist  into  our  service  V* 

Z-aeharj'. — "What  do  yon  wish  me  to  do?" 

People. — "  We  wish  you  to  kill  the  peoide  of  Monterev." 

Zacli. — "  What  have  they  done  ?" 

People. — "  O,  nothiner.  only  their  existence  is  opposed  to  our  interebls." 

Zach, — "They  are,  tlien.  innocent  of  all  evil  intentions  and  actions  towards  you  ?" 

Peoj>le. — "  Yes;  they  never  injured  us.  and  never  intended  to  injure  us." 

Zach. — "  Why  then  do  you  wish  to  kill  them  V 

People. — "Simply  and  solely  because  they  are  in  our  way,  and  there  is  no  other 
method  to  get  rid  of  them." 

Zach. — "  Would  it  be  right  lo  kill  them  ?" 

People. — That  is  our  afl'air,  not  yours.  We  wish  you  to  enlist  lo  do  our  bidding, 
and  kill  whom  we  wish,  right  or  wrong." 

Zach. — "  But  suppose  I  know  them  to  be  ainocent — must  I  kill  them  ?" 

Peojile. — "Yes;  it  we  bid  you:" 

7.avh. — "  But  su|)poseI  belkne  that  to  kill  them  would  bewuRDKR- must  I  do  it?" 

People. — "Yes,  it  we  bid  you  kill  them.  We  wish  to  euhst  none  into  our  service, 
as  soldiers,  who  are  nut  wdliui^  lo  swear  by  the  "real  (iod  thai  they  will  kill  any  and 
all  whom  we  hid  them  kill,  even  though  they  believe  it  wouM  be  munler." 

Zach. — "How  many  do  you  wish  me  to  kill  ?" 

People. — "No  particular  ptvsons,  or  number  ;  but  we  wish  to  enlist  you  to  butcher 
men  by  the  day,  till  wc  have  gained  onr  end." 

Zach— "So,  then,  now  I  understand  you.  You  wish  me  to  enlist  into  your  service, 
lo  ki/l  himan  hmnrs.  vithuut  reffnrd  to  their  ijui/t  or  iunocevee^  at  )/our  bidiliti^.  and 
for  your  linirft.  Yoti  wi^h  me  to  swear  by  the  EterniJ,  that  I  will"  kill  men,  women 
and  children  at  your  di>erelion,  even  though  T  know  liiey  are  innocent,  and  though  I 
believe  that  lo  kill  them  would  be  murder  /" 

People, — "Yes,  such  is  our  wish," 

Zach. — "But  suppose  1  should  enlist,  and  then  should  not  be  willing  to  kill  all 
whom  you  commant!  me  to  kill  ;  and  suppose  I  shonhl  wish  to  leave  your  service  ?" 

People. — "Once  enlisted,  you  must  do  our  bidding  or  be  killed  yourself;  and  if  j-ou 
attempt  to  leave  onr  service  without  our  consent,  we  shall  (^hoot  or  hang  vou." 

Zach. — "How  much  money  will  you  give  me  V 

People. — "Two  humlred  dollars  per  month," 

Zach,— "Well :  the  luiuiNlers  and  churches  say  war  is  a  right  and  Christian  practice. 
Jf  so,  then  it  is  riglit  to  enlist?  and  when  enlisted  t()  go  tor  mv  employers,  riffht  or 
lerontr.  So  T  am  your  man  Henceforth  I  am  ready  to  kill  all  you  bid  me  kill,  though 
I  know  ihcm  to  be  innocent,  and  though  I  believe  it  would  bernurder." 

People. — "Yon  are  the  man  for  us,  'Rofoii  and  Ueaiiv'  is  your  name  henceforth. 
We  have  work  on  hand  at  this  moment." 

Zach. — "Name  it  and  it  is  done." 

People.— "There  is  a  town  in  Mexico  called  Monterey,  Go,  slay  its  inhabitants, 
anrl  destroy  it." 

Zaeli, — "Give  mo  the  means,  ami  the  deed  is  done." 

So  the  mean.-s  arc  supplied  bv  his  emjiloyers.  Now,  behold  Zachary  before  tho  de- 
voted town.  It  is  Sundaij.  This  is  the  day  chosen  by  him  to  make  the  attack.  See 
the  scenes  enacted  by  Zacliary.  the  soldier.  He  is  acting  as  tho  agent  of  twenty  mil- 
lions. Had  he  bombaideii  that  city  as  the  agent  of  Two— how  had  lie  been  the  execra- 
tion of  mankind ! 


fcltate  in  whioii  1  have  the  Iioiior  to         J  will  not  detain  Senatory  by  readini?  any  in<.rc  extracts,     I  di^I 


February   16.] 

not  know  that,  the  time  for  taking  up  the  special  order  had  passed, 
or  I  should  not  have  trespassed  so  long  on  the  time  of  the  Senate, 

Sevekal  Senators.— Go  on. 

Mr.  FOOTE.— I  will  then,  if  the  Senate  will  bear  with  mC; 
read  a  few  additional  paragraphs. 

■Look  at  tliat,  nursery  !  See  that  mollier  watcliinft  her  four  httje  ones  lovingly  at 
play  ill  one  roriier.  Ziichary  tliscliarges  a  gun  loaded  wilii  pra}>e  shot  at  them  ;  and  in 
a  moment  thei'  hnibf?  and  bodies  are  torn  to  frai;ments,  antl  the  mother  sits  amii!  their 
manffled  remains.  In  anotliernmsery  is  an  infant  sleepiufr  in  thecraitle;  the  mother 
sits  hy  it  rorking,  and  singing  its  lidlahy.  Zachary  hurls  a  i;annon  hall  at  that  mother 
.ind  infant,  anil  lears  them  in  pieces. 

Loolt  into  thnt  dining  room.  There  are  a  father  and  mother  and  five  (thildjen  at  the 
ilinner  tahle.  A  hall  thrown  by  Zaeharv  enters,  and  the  father  and  eiiildren  are  torn 
and  killed  around  the  surviving  motlier.  There  is  a  schoolhoui^e.  In  it  are  scvent\  five 
eiiildren  witli  their  leaeher.  Zaehary  throws  a  homb-shell  niiioiig  them.  It  exjjlodes, 
nnd  the  torn  Iimlis  and  dead  bodies  of  fifty  of  those  t-hildren  are  strewed  ahont,  and 
tlietr  teaelieruiid  companions  are  covered  with  iheir  blood.  Therein  a  dniighter stand- 
in"  by  her  broken-liearled  father  to  eomfort  and  sustain  him.  Zaoharv  hurls  a  ean- 
non  hall  at  her  and  cuts  her  body  in  two,  and  there  she  lies  a  mangled  corpse  before 
her  father. 

"For  the  love  of  Heaven  5i)are  that  house  !"  cries  a  young  man  to  Znehary,  as  he 
is  aiming  a  deadly  missile  at  a  particninr  dwelling.  I  cvre  not  if  evkry  othkR 
noT'SE  IN  TOWN  IS  BLOWN  TO  ATi>MS — butdo  uot  destroy  that  one." 

Zachary. — "VVIiat  is  yonr  rea.son  ?" 

Youug  man. — "iMy  lietrotheil  livesthere.     She  whom  I  Io\o  as  my  own  soul." 

Zacharv, — "AH  love  and  domestic  affections  must  be  tbrgolten  here." 

Youns  man. — "Hut  do  spare  that  one.     One  or  your  own  companions  begs  you  to 

spare  it." 

Zaeliary. — "II  is  the  bidding  and  for  the  interest  of  our  emidoyers  that  that  house 
and  all  in  it  should  be  destroyed.  We  most  go  for  our  empfoyer*,  RIGHT  (^R 
WRONG." 

Young  man. — "O  spare  it !  To  what  dangers  is  slie  whom  )  love  exposed  !  Think 
of  the  agony  1  must  feel  to  find  her  a  mangled  corpse !" 

Zachary. — "Young  man.  you  seem  to  care  notldng  about  the'otlier  honse-  and  are 
willing  to  see  them  "blown  to  atoms,'  Yet  every  ball  and  bomb-shell  we  throw  tears 
to  nieces  some  wife  or  husband,  some  parent  or  child,  some  brother  or  sister,  all  of 
whom  are  objects  of  atllction  to  others,  and  their  death  eause-i  as  much  agouy  tosui- 
viving  relatives  as  the  death  of  your  betrothed  would  to  you.  She  must  die.  Such  is 
the  bidding  and  pleasure  of  my  employers. 

A  boml)-shell  ii  aimed  at  the  honsc  ;  and  in  an  instrnit  it  is  a  heap  of  ruins.  The 
sliell  romes  into  the  parlor  where  the  parents  and  their  children  are  assembled,  and  e.\ 
idodes.  A  ragged  piece  of  iron  strikes  tlie  young  woman  and  tears  away  her  head 
and  bhoulden. 

Says  another  eye-witness  of  the  doings  of  Zachary  :  'It  was  an  awful  sight  to  look 
upon  the  dead — some  shot  with  cannon  balls  and  some  with  small  shot — some  with 
their  heniis  shot,  of— some  with  their  legs  off— some  with  their  bowels  scattered  on  the 

Says  another  eye-witness  of  another  scene  i  "bodies  of  Mexicans  were  lying  all 
about  in  every  direction — some  with  tlieir  heads  entirebj  or  parllii  shot  off—oi\K'ri 
witkovt  Ics'S  or  anns — others  with  tlieir  {rntrai/s  torn  out — I  crept  about  on  my  tiands 
and  knee^.  and  at  every  few  paces  I  would  come  across  dead  bodice ;  and  at  one  place 
I  discovered  tlie  body  of  a  heaufi/ul  .Mcxienv  (rirl,  STAKED  through  her  heart." 

The  above  is  substaiilially  a  truthful  narrative  of  deeds''pcrpetrated  by^Iiim  and  his 
men  in  Monterey  and  other  towns  in  Mexico,  nt  the  l/idilivo-  and  for  f/ir  benefit  of  his 
reliffions,  repvblknn  employers. 

Mr.  CRITTENDKN.— If  the  Senator  will  permit  me,  I  would 
beg  leave  to  submit  to  him  whetlier  it  is  best  to  detaiii  the  Senate 
by  reading  more  of  that  pamphlet.  Enoufjh  has  been  ij^iven  to 
enable  us  to  judge  of  its  character.  I  will  hear  the  Senator  witit 
a  oreat  deal  of  pleasure,  but  I  think  he  ought  not  to  occupy  the 
time  of  the  Senate  by  reading  pamphlets. 

Mr.  FOOTE. — I  know  that  this  thing  is  disgusting,  but  having 
the  sanction  of  the  whigs  of  New  England,  I  thought  tliat  it  might 
be  agreeable  more  or  less  to  the  appetites  of  .some  gentlemen  here. 
1  feel  that  perhaps  I  owe  some  apology  for  occupying  the  atten- 
tion of  the  Senate  so  lonc".  I  do  not  charge  the  whig  pai'tv  with 
this  pamphlet,  but  I  have  quoted  it  in  order  to  vindicate  what  has 
fallen  from  the  Senator  from  Kentucky  in  opposition  to  the  danger- 
ous sentiments  of  the  Senator  from  New  Hampshire,  presenting 
as  it  dues  a  striking  illustration  of  the  consequences  to  which  such 
sentiments  naturally  lead. 

Mr.  CRITTENDEN  again  rose. 

Mr.  CASS. — Is  the  Senator  going  to  make  any  motion  ?  The 
Senator  from  Texas  has  the  floor  on  the  special  order. 

Mr.  CRITTENDEN.— I  will  not  detain  the  Senate. 

Mr.  RUSK. — So  far  as  I  am  concerned,  I  desire  to  say,  that  I 
have  great  pleasure  in  asking  the  Senator  from  Kentucky  to  pro- 
ceed. 

Mr.  CRITTENDEN.— I  do  not  intend  to  protract  this  debate, 
but  I  desire  to  acquit  mvspjf  of  the  personality  of  which  the 
honorable  Senator  from  New  Hampshire  seems  to  have  con- 
sidered me  to  be  guilty.  I  did  not  mean  to  say,  sir,  that 
the  gentleman  was  without  patriotismj  or  without  moraiity. 
No,  sir,  not  at  all.  I  meant  only  to  contest  the  propcsition 
which  he  laid  down,  and  on  which  his  objections  to  this  vote 
of  thanks  rested,  and  on  which  they  could  alone  stand.  It 
was  in  reference  to  that  proposition,  and  not  the  sincerity  of  the 
honorable  gentleman  that  my  remarks  were  made;  and  it  was 
very  far  from  my  intention,  indeed,  to  make  any  such  charge  as 
that  he  was  wanting  in  morality  or  patriotism.  The  sentiments 
which  the  honorable  gentleman  entertained  are  of  such  a  peculiar 
character,  that  one  can  hardly  fall  into  the  error  of  supposing  that 
they  are  entertained  from  selfish  motives.  The  trentleman  must 
be  sincere,  and  1  do  not  doubt  that  he  is  sincerej  and  I  assure  him, 
that  no  personality  waa  intended  by  me. 

I  am  a  little  apprehensive  that  the  Senator  from  Mississippi 
may  have  understood  me  as  going  a  little  farther  than  I  designed 
to  be  understood  as  going,  in  relution  to  this  war.  I  think  I  toid 
you  at  the  commencement  of  my  remarks,  that  I  was  uot  one  of 


THANKS  TO  GENERAL  TAYLOR. 


301 


those  who  approved  of  ttiis  war— not  at  all.  But  1  said  that  the 
war  by  the  act  of  Congress  had  hecorae  a  uational  wai-.  It  was 
war  aceorJiniT  to  law;  and  I  had  supposed-  that  tlie  creat  princi- 
]ile  of  republican  government  consists  in  tlie  combination  of  the 
strength  and  power  of  the  whole  community  in  executing  the  laws 
passed  by  the  majority  of  that  community;  that  I  am  as  mncli 
bonud  to  respect  the  law  passed  in  reference  to  this  war  as  I  am 
in  respect  to  any  law  that  imposed  duties  or  taxes  or  reau- 
lated  the  conduct  of  citizens  of  the  United  States.  With  respect 
to  any  of  those  laws,  the  liberty  of  discu.ssion,  under  the 
constitution,  and  according  to  every  principle  of  republi- 
can government,  is  free  and  unlimited.  It  is  upon  that 
condition  that  every  citizen  of  the  republic  agrees  to  conform 
himself  to  and  be  governed  by  the  majority,  however  repugnant  to 
his  own  opinions  may  be  the  decisions  of  the  majority.  This  free- 
dom of  discussion  is  the  ground  cm  which  each  and  every  individual 
may  infer  on  entering  into  the  social  compact,  that  ho  may  safely 
and  cheerfully  agree  to  obey  whatever  law  the  majority  passes 
whilst  discussion  is  left  free;  or  in  the  words  of  Mr.  Jeflerson  that 
error  may  be  tolerated  whilst  reason  is  left  free  to  combat  it. 
That  is  the  principle  of  republican  government.  I  do  not  hold  that 
I  oppo.se  the  war  because  I  discuss,  and  examine,  and  reason,  in 
order  to  prove  to  you  that  the  law  ought  to  be  repealed,  or 
changed,  or  modified,  so  as  to  put  an  end  to  this  war.  It  is  with 
respect  lo  that  law  as  it  is  in  the  case  of  every  other  law.  Kvery 
constitutional  law  claims  the  obedience  of  every  man,  no  matter 
whether  it  be  according  to  his  wishes  or  not.  It  claims  his  ohc- 
dience.  But  it  leaves  him  free  to  discuss  it.  It  leaves  him  free  to 
endeavor,  in  the  exercise  of  all  his  constitutional  rights,  to  have 
the  law  repealed,  no  matter  wliether  it  relates  to  peace  or  war; 
and  the  right  is  equally  perfect  in  regard  to  the  one  as  the  other. 
Circumstances  may  modify — the  exigencies  of  the  country  may 
control — -tiic  exercise  of  this  right,  but  his  constitutional  x\"h\.  as  a 
man  and  a  citizen,  is  to  discuss  the  law  fully.  He  ouijlit  to  do  so 
liecause  he  is  bound  to  obey  implicitly.  That  is  my  doctrine.  I 
do  not  hold  that  because  a  man  disapproves  of  this  war  and  in  that 
sense  opposes  it — that  he  is  with  one  hand  endeavoring  to  support 
the  law  as  a  national  law,  whilst  with  the  other  he  exercises  his 
right  to  put  an  end  to  that  state  of  things,  he  makes  an  opposition 
to  the  war  which  in  any  true  sense  of  it  can  he  regarded  as  unpa- 
triotic. Some  gentlemen  run  into  the  idea — and  it  seems  to  me 
that  my  friend  from  Mississippi  inclines  to  the  belief — that  any  de- 
gree of  disapprobation  of  the  war,  every  species  of  opposition  to 
it,  betokens  a  wai.t  of  patriotism,  or  of  courage,  or  of  somethin" 
that  belongs  to  honorable  and  patriotic  men. 

* 
Mr.  FOOTE:— I  thought  that  I  used  the  most  explicit  lan- 
guage. I  have  uniformly  used  the  same  language — and  it  is  now 
on  record,  upholding  freedom  of  debate  and  discussion.  But  I  have 
said  and  repeat  it  now"  that  whenever  speeches  are  made  anvwhcre 
in  the  United  States  evidently  intended  to  circulate  in  Mexico — 
calculated  to  encourage  the  enemy  of  the  country — those  speeches 
are  stamped  with  treachery  to  the  country.  I  am  not  to  be  under- 
stood, however,  as  in  the  slightest  degree  trenching  on  the  freedom 
of  debate.  The  Senator  from  New  Hampshire  is  bound  to  express 
his  sentiments  if  he  entertains  them.  I  only  deplore  his  condition, 
being  impelled  by  the  peculiar  character  of  his  intellect  to  adopt 
such  sentiments,  i  am  not  willing  to  shackle  even  him,  certainly 
not  any  other  person.  But  I  see  frequently  newspaper  articles 
which  are  intended  to  circulate  in  Mexico,  giving  ''aid  and  com- 
fort" to  the  enemy  ;  and  speeches  have  been  made  which  we  know 
to  have  had  the  same  efleet.  All  know  this.  It  is  a  part  of  the 
history  of  the  country,  and  I  challenge  denial  of  the  statement 
that  it  is  so.  In  my  opinion,  for  making  such  speeches  the  pun- 
ishment of  hanging,  if  the  law  allowed  it,  should  be  inflicted.  I 
hope  I  am  understood  now.  I  hope  the  Senator  from  Kentucky 
will  do  me  justice.  I  know  it  is  one  thing  simply  to  declare  that 
the  war  is  unjust  and  to  seek  the  repeal  of  the  law,  and  another 
to  become  a  traitor  to  the  country  in  a  moral  point  of  view,  by 
such  overt  acts  in  favor  of  the  enemy  as  those  to  which  I  have 
alluded — Let  it  also  be  understood  that  I  charge  nothing  of  the 
kind  upon  the  Senator.  , 

Mr.  CRITTENDEN.— I  regret  that  this  debate  has  taken  this 
excursory  direction,  passing  entirely  beyond  the  point  to 
wltich  I  supposed  it  would  be  limited  in  the  first  instance, 
otherwise  I  should  not  have  felt  called  upon  to  obtrude  any 
remarks  of  mine  upon  the  attention  of  the  Sonatc.  I  believe  that, 
the  honorable  Senator  is  of  too  liberal  a  spirit  himself  lightly  to' 
impute  to  others  any  want  of  patriotism,  much  less  to  a  great  par- 
ty like  that  of  the  whigs.  He  disclaims  any  such  imputation  with 
respect  to  them,  if  I  understood  him.  What,  sir,  do  the  whig 
party  want  patriotism,  and  shall  the  whig  party  in  retaliation, 
charge  the  democratic  party  W'ith  a  want  of  patriotism  !  Then, 
who,  in  the  name  of  all  that  is  vurtuous,  has  patriotism  in  this  wide 
republic  ? 

The  gentleman  imposes  another  limitation  upon  this  right  of 
discussion  in  relation  to  the  war,  which  it  seems  to  me  cannot  be 
maintained.  I  may  speak  the  more  freely  on  this  subject,  inas- 
much as  that  though  my  opinions  on  the  war  have  not  been  with- 
held, it  has  not  been  my  lot  to  participate  so  largely  in  the  dis- 
cussion as  many  others  have,  and  I  doubt  whether  in  all  the  ar- 
chives of  Mexico,  from  the  fortress  of  San  Juan  d'Ulloa,  to  the  city 
of  Mexico,  one  sentence,  line,  or  word  of  any  poor  remarks  that 
ever  I  made  here  can  be  found.  And  I  am  eipially  well  assui-ed 
that  no  remarks  of  my  whig  associates  or  democratic  associates 


i02 


THANKS  TO  GENERAL  TAYLOR. 


[Wednesday, 


liave  been  made  for  any  siioh  pui-posc-ol'  encouragement  to  Mexico 
or  Mexicans.  These  remarlcs  have  been  made  in  tlie  exercise  of 
their  constitutional  rights  here,  for  the  benefit  of  our  own  country, 
by  the  discussion  of  a  matter  involving  the  interests  of  our  country. 

Mr.  FOOTE.— I  am  very  sorry  to  interrupt  the  Senator.  But 
I  had  no  reference  to  speeches  made  here.  I  alluded  to  speech- 
es made  in  various  parts  of  the  United  States— deliberately 
made  to  crowds  assembled,  for  the  purpose  of  being  indoctrinated 
— a»ul  which  the  speaker  knew  would  operate  in  Mexico,  ihereiore 
meriting  all  the  denunciations  which  I  heaped  upon  them,  and  I 
only  regret  that  my  powers  of  sarcasm,  are  not  aileipiate  to  the 
work  of  stigmatizing  them  as  they  deserve. 

Mr.  CRITTENDEN.— I  accept  the  explanation  of  the  gentle- 
man. I  thought  lie  had  reference  to  speeches  here  and  elsewhere. 
It  seems  that  he  had  not  rcl'erencc  lo  speeches  here.  Now,  that 
might  lie  his  limitation  of  the  doctrine,  Ijut  since  I  am  upon  the 
subject,  allow  me  lo  say,  that  I  know  well,  that  that  is  not  the  lim- 
itation put  by  pres.ses  now  advocating  the  doctrine.  We  are  told 
that  this  war  with  Mexico  has  been  inllamed — ihat  the  obstinacy 
of  the  Mexican  people  has  been  increased  by  their  knowledge  of 
what  is  said  and  done  by  whigs,  and  whig  newspapers.  That  is 
boldly  allirmed  every  day.  The  liberty  of  speech  is  censured. 
We  are  told  by  these  same  presses,  that  instead  of  exercising  the 
ri'rhts  of  honorable  gentlemen,  and  those  which  appertain  to  the 
more  dignified  and  important  character  of  representatives,  we 
oncht  tolic  silent  in  regard  to  a  matter,  in  which  the  interests  of 
llKTcountry  are  concerned,  and  follow  in  mute  submission,  whatev- 
er is  done  by  the  Executive  of  the  government. 

Mr.  FOOTE. — If  tlie  Senator  will  allow  mo  to  interrupt  him 
aiiain  for  a  moment,  I  would  stale  ihat  a  distinguished  member  of 
the  Hou.se  of  Representatives  from  ihe  State  of  Kentnckv  has  re- 
ceived an  announcement  from  General  Mar.shall,  stating  tlie  fact 
that  we  might  have  bad  a  treaty  of  peace,  but  for  the  speech  of  a 
distinguislied  citizen  of  Kentucky,  with  certain  resolutions,  which 
induced  the  leading  men  of  Mexico  to  wheel  about,  and  raised  .a 
universal  expectation  of  a  pronnnriamento  by  which  Mr.  Polk 
would  be  turned  out  of  the  White  House,  and  a  certain  distinguished 
"cntleman  from  Kentucky  be  brought  in  ;  from  whom  such  a  peace 
could  be  obtained  as  would  accord  with  their  notions  of  justice  and 
humanity.  I  state  that  as  a  matter  of  fact.  We  all  know  that 
this  intelligence  circulates  in  Mexico.  No  man  can  deny  it.  I  did 
not  charge  any  bad  intentions  at  all  to  the  distinguished  gentleman 
in  Kentucky,  who  made  the  speech,  but  the  efl'ect  has  been  pro- 
duced by  it,  which  was  predicted  at  the  time,  by  myself  and  thous- 
ands of  others. 

Mr.  CRITTENDEN.— I  do  not  doubt  that  such  a  letter  has 
been  written,  and  that  such  is  the  opinion  entertained  by  the  writer. 
The  gentleman  is  well  known,  and  with  him  I  have  alwa3-s  sus- 
tained the  most  friendly  relations,  but,  although  I  clo  not  know 
what  cUect  his  military  caieer  may  have  had,  his  polities  were  of 
th(^  severest  ami  most  hcat^'d  character  when  he  went  lo  Mexico. 
I  presume  he  retains  those  opinions,  and  is  tlierefore  vei-y  ready, 
from  his  political  bias,  to  place  upon  any  act  of  tlie  honorable 
gentleman  alluded  to— one  of  my  most  distinguished  fellow  citizens, 
Mr.  Clay — we  need  not  conceal  his  name — an  unfavorable  con- 
struction. It  is  ipiite  likely  that  tieneral  Marshall  may  have  en- 
tertained the'opinion  that  we  should  have  had  a  peace  before  now, 
had  it  not  been  for  Mr.  Clay's  speech;  but  I  put  it  in  all  candor  lo 
the  honorable  Senator  from  Mississippi,  to  say  whether  a  speech 
delivered  by  Mr.  Clay  in  November  last,  in  Kentucky,  has  found 
such  access  to  the  mind  of  Mexico  as  to  present 

Mr.  FOOTE. — I  do  believe  that  his  magnetic  inllucnee  may 
have  been  as  great  as  that.  The  Mexicans  are  a  peculiar  people 
— semi-barbarous — accustomed  to  prununcianu'nfoa,  and,  of  course, 
judge  our  country  by  their  own.  I  rather  think,  from  the  evidence 
bi!l<ire  me,  that  they  expect  a  proiumciamento  here,  which  I  think 
lliey  will  expect  a  long  time  before  it  arrives. 

Mr.  CRITTENDEN.— I  am  glad  that  my  honorable  friend  from 
Mississippi  cannot  say  that  he  believes  that  it  is  so.  He  is  very 
ingenious  in  giving  reasons  why  it  might  possibly  have  been  so, 
but  he  is  not  iiiiite  satisfied  that  it  is  so;  and  how  can  he — how  can 
any  man  believe  that  a  few  scraps  of  newspa)icrs,  and  a  handbill  or 
two,  placed  in  the  great  scales  of  peace  and  war  in  Mexico,  really 
turned  the  balance  and  inclined  them  in  the  favor  of  war?  Why 
what  do  we  know  of  Mexico?  We  know  that  the  leading  men 
want  peace.  They  cannot  make  peace,  and  why?  Because  the 
masses  of  the  people  have  become  exasperated  against  us,  and 
those  holding  the  reins  of  government  dare  not,  for  fear  of  popular 
vengeance,  make  peace.  The  great  masses  of  the  Mexican  peo- 
|ilc  cannot  read — they  know  nothing  about  our  speeches  and  nothing 
about  our  parties,  and  yet  they  are  the  people  that  are  for  war. 
They  are  the  cxiisiieratcd  people-,  that  insist,  m.adly  insist,  on  con- 
tinuing this  contest.  That  is  the  account  which  1  receive.  That 
is  the  general  tone  of  all  the  acconuts.  It  is  natural  anil  rca.soii- 
alilc.  Jiut  the  idea  is  alisiiid  thai  the  people  of  Mexico,  with  pa- 
triotic feelings  as  strongly  felt  as  in  our  own  case,  should  be  like  a 
wcather-coek  moved  by  an  article  in  a  newspaper — a  speech  in 
Massachusetts  or  Kentucky — O'-  any  process  of  logical  reasoning. 
Yet  it  is  put  forward  to  the  public  as  having  an  elTcct  of  that 
kind,  and  that  is  insisted  upon  for  the  purpose  of  controlling 
and   regulating   our   conduct   and   opinions  here.     Well,  I   trust 


thai  I  am  incapable  in  any  circumstances  of  making  a  spe-^eh 
that  can  be  justly  or  truly  or  in  any  particular  sense  con- 
sidered as  hostile  to  my  country.  I  trust  that  having  the 
liberty  of  free  and  full  discussion,  whenever  and  where'ver  I 
think  that  my  duty  requires  its  exercise  or  it  is  ray  pleasure  to 
use  it.  that  I  shall  freely  exercise  it.  That  is  the  reason,  sir,  why 
I  boast  that  I  am  an  American  citizen — why  we  all  boast  that  we 
are  American  citizens.  But  the  moment  we  h;ive  a  war,  we  are 
to  he  silent  ;  and  the  more  tpicstionable  may  be  the  character  of 
that  war,  the  more  stringent  is  to  be  the  denial  of  the  riaht  of 
freedom  of  speech  !  Why,  sir,  that  is  the  very  time  when  we  ought 
to  speak  out.  If  Mexico  is  .so  sensitive  to  the  principles  and  opin- 
ions upon  which  we  act,  and  by  which  we  are  governed  in  .this 
country,  she  ought  to  know  this,  that  however  we  may  question,  in 
our  legislative  capacity,  the  justice  and  propriety  of  this  war,  so 
long  as  it  continues — so  long  as  it  is  a  national  war,  made  so  by 
oar  laws,  every  body — those  who  ihink  it  just  and  those  who  think 
it  unjust,  unite  their  strength  lo  cany  it  on;  that  the  strength  of 
the  whole  is  to  execute  the  will  of  the  majority.  That  is  the  fun- 
damental principle  of  our  government,  and  that  Mexico  ought  to 
know.  What  "comfort,"  then,  can  Mexico  derive  from  our  ques- 
tioning the  propriety  of  the  war?  If  she  knew  how  to  estimate  it 
aright,  she  will  see  the  most  formidable  of  all  enemies  in  that  very 
community  which,  while  its  members  discuss  the  propriety  of 
anything,  they  fully  unite  in  their  combined  strength  in  executing- 
whatever  the  will  of  the  majority  may  determine.  And  that 
is  what  Mexico  must  know  and  learn,  if  she  reads  to  any  advantage 
whatwesay  and  publish.  But  the  efibrt  of  certain  portions  of  the 
))ress  has  been  to  enforce  silence  on  this  whide  subject,  to  control 
us  by  a  sort  of  new-made  editorial  sedition-law  !  A  few  scrajisof 
newspapers  have  been  found  in  Mexico,  and  oh!  forsooth,  what 
swelling  tirades  of  treason — treachery — combinations  of  our  own 
countrymen  against  our  ow^n  country  and  in  favor  of  Mexico  !  Can 
any  thing  be  more  palpable,  sir,  than  the  outrageous  violation  of 
liljcrty  of  discussion  and  freedom  of  the  press  which  is  thus  dis- 
played ? 

I  regret  that  I  have  trespassed  so  long  on  the  time  of  the  Sc- 
nale.  I  believe  that  I  owe  you  an  apology.  I  rose  simply  to 
make  a  few  remarks  on  this  resolution,  from  which  we  have  so  far 
departed,  that  it  has  almost  been  forgotten.  I  hope  the  ipiestion 
will  be  taken  on  the  resolution. 

Mr.  DAVIS,  of  Mississippi. — The  Senate  will  not  expect  that  I 
intend  to  enter  into  this  discussion.  Indeed,  I  regret  that  the  dis- 
cussion has  been  thought  necessary  by  ar.y  one,  and  I  hope,  with 
the  Senator  from  Kentucky,  that  we  will  return  immediately  to 
the  resolution  from  which  we  never  should  have  wandered.  It 
should  be  allowed  to  remain  on  the  irround  assumed,  a  simple  vote 
ni  thanks,  in  which  the  justice  of  the  war — its  policy — the  wisdom 
of  the  legislature  on  the  subject  cannot,  with  any  propriety,  be  at 
all  involved.  Ollicers  have  no  other  right  than  to  refuse  to  obey 
an  unconstitutional  order.  The  power  to  declare  war  was 
vested  by  the  Constitution  in  the  Congress  of  the  United 
.States,  and  when  they  deidarcd  the  war  it  cannot  be  uncon- 
stitutional. The  ollicer  obeys  the  order  he  receives  as  an  ex- 
ecutive olliccr,  and  upon  the  vote  of  thanks,  involving  only  the 
consideration  whether  he  has  faithfully  discharged  his  duty,  we 
might  expect  the  union,  of  which  the  Senator  from  Kentucky  has 
spoken — the  union  of  the  whole  country  on  a  (|Ucstion  which  has  but 
two  sides— the  side  of  our  country  and  the  side  of  the  foreigners, 
with  whom  we  are  at  \\'ar.  Party  lines  cannot  enter  into  the  conside- 
ration of  such  a  question,  whilst  patriotism  exists.  There  may  be 
a  faction — ^there  will  be  a  faction — in  all  times  there  has  been  a  fac- 
tion, that  would  raise  its  croaking  voice,  when  the  people,  with  one 
ai;cord,  send  up  their  poeans  of  thanks  or  prayers  for  success.  Yes. 
sir,  the  American  people  rejoicing  over  their  independence,  just 
ncipiired — cxultini:-  in  tiie  jiosscssion  ol  civil  liberty  at  the  close  of 
our  revolution,  returned  their  thanks  to  Alniighiv  God,  who  had 
held  them  in  the  hollow  of  his  hand,  and  yet,  in  the  emphatic 
and  classic  language  of  Patrick  Henry,  one  croaker  was  found, 
whose  discordant  voice  attcmjited  to  disturb  the  harmony.  The 
good  sense  of  that  day,  turned  in  loathing  and  disgust  away.  Wliv 
not  do  so  now  ?  Why  shall  we  pause  to  enter  into  this  long  dis- 
cusssion  about  fore-gone  conclusions  before  the  tpiestion  was  raised? 
Must  President-making,  too,  be  involved  in  a  resolution  of  thanks 
to  gallant  olUcers?  If  so,  and  if  the  great  result  which  has  been 
deprecated  is  to  come,  and  the  army  is  to  make  your  President,  I 
would  rather  receive  him  from  them  than  from  the  hands  of  free 
negroes  and  their  confederates.  But  here  stands  a  soldier  who.se 
life  has  been  wholly  devoted  to  his  country — whose  services  accu- 
mulating one  by  one,  have  become  a  jivramid,  as  beautiful  tor  its 
simjilicity  as  it  is  sublime  for  its  grandeur — one  which  can  stand 
like  the  commemorative  mommient  of  Bunker  Hill,  a  plain  and 
noble  obelisk,  with  its  head  amid  the  clouds,  and  despising  the  as- 
saults of  the  creeping  things  that  crawl  around  its  base  ! 

I  trust  that  the  feelings  of  gallant  men  will  not  bo  ns.sailoJ 
when  the  country  comes  to  thank  them^jfor  services  done  lo  the 
whole  country.  I  trust,  sir,  that  the  Senate  will  no  longer  en- 
liage  in  a  discussion,  not  one  itoint  of  which  bears  upon  the  ques- 
tion at  issue,  and  that  leaving  whatever  of  croaking  there  may  be 
to  disturb  the  harmony  .of  the  peo|)le's  thanks,  we  wdl  test  the  ques- 
tion by  a  vote  of  the  Senate,  allowing  those  who  refuse  to  yield 
their  thanks  lo  the  gallant  soldier  lo  go  before  the  country  in  the 
issue. 

No  further  amendment  being  made,  tl.e  resolutions  \vore  report- 
ed to  the  Senate. 


February  16.] 


THANKvS  TO  GENERAL  TAYLOR. 


303 


Ordered,  That  the  amendments  bo  engrossed  and  the  resolu- 
tions read  a  third  time. 

The  said  resolutions  were  read  a  third  third  time,  as  amended. 

On  the  question  "Shall  these  resolutions  pass?'  Mr.  HALE  de- 
manded the  yeas  and  nays,  which  were  ordered,  and  it  was  deter- 
mined in  the  afTirmative,  as  follows  : 

YEAS.— Messrs.  Alli-n,  Aslilc-y,  Ati'hison,  llii(l;;or,  I!.igl>y,  nrll,  llcrricli, 
BrafiUury.  Hreesr.  lJri;;ltt,  Mml'-r.  Calliouii;  Caiiirroii,  (';lss,'  Clarke,  (laytoii, 
Corwin,  ('riltcnden,  Davis,  of  MassaeliiiseUs,  Davis.  oC  .Mississippi,  Davton.Uic.-kinsnn, 
Di.\,  Downs,  Felcli,  I'oole,  Greene.  Houston.  Hunter.  Johnson,  of  Maryland,  .!ohn- 
son,  of  Lonisiana.  Johnson,  of  (Georgia,  Manguin,  Mason.  Miller.  Moor,  Niles, 
Rusk,  Sevier,  Kpruance,  Sturgeon,  Tiirney,  IJnderwooil.  Ij'|iham,  VVeslcotI,  YuUe 
— 4.S. 
NAY.— Mr.  Hale— 1. 

So  it  was 

Ucsoleed,  That  the  resolutions  pass  with  amendments. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  the  amendments. 

RECONSIDERATION. 

Mr.  BELIj  asked  the  unanimous  consent  of  tlie  Senate  to  have 
his  vote  ri'Corded  in  the  alfirinative  on  the  passage  of  the  resolution 
of  thanks  to  General  Scott.  Having  voted  in  favor  of  the  resolu. 
tions  of  thanks  to  General  Taylor,  he  did  not  wish  to  have  the  ap- 
pearance of  voting  for  one  and  not  the  other.  He  was  not  in  the 
Senate  when  the  vote  was  taken  upon  the  resolution  in  relation  to 
General  Scott,  or  he  should  have  voted  for  it. 

The  VICE  PRESIDENT  read  the  rtdc  on  the  suhject,  showing 
that  uniier  no  eireumstanees  could  a  vote  bo  recorded  after  the  re- 
sult had  been  declared. 

Several  Senators  suggested  that  the  object  could  bo  accom- 
plished by  a  reconsideration  of  the  vote  upon  the  passage  of  the 
resolution. 


Mr.  GREENE  hoped  that  .some  Senator  who  was  present  when 
the  vote  was  taktjn,  would  move  a  reconsideration.  He  was 
anxious  to  record  his  vote,  also,  in  favor  it. 

Mr.  RUSK  moved  that  the  vote  be  reconsidered,  which  was 
agreed  to;  and  the  question  recurring  ''Shall  this  resolution  pass?" 

Mr.  HALE  demanded  the  yeas  and  nays  thereon,  which  were 
ordered,  and  being  taken,  it  was  decided  in  the  alfirmative,  as 
follows  : 

YEAS.— Messrs.  Allen.  Ashley,  Atvluson.  Atlierlon.  fiad^.pt.  Bajhy,  Bell.  Benlon. 
Berrien,  Bradbury,  Breese,  Bright,  Butler,  Camerou,  Cass,  Clarke.  Clayton.  Coiwin," 
Crittenden.  Davis,  (of  .Miss.)  Davis,  (of  Mass.)  Dayton.  Diekinson.  Dix,  Downs' 
Feleh.  Foote,  Greene,  Hannegan,  Houston,  Hunter,  Jidilison,  fof  Md.,)  Johnson, 
(of  La.)  Johnson,  (of  Ga.)  Mangum,  Mason,  Miller,  Moor,  Niles,  Rusk,  Sevier, 
S])rnance,  Siargeon.  Tnrney,  Westcott,  and  Yulee. — 46. 

NAY.— .Mr.  Hale— 1, 

So  it  was 
lifsulrrd.  That  this  resolution  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Kepreseiita. 
lives  accordingly. 

TEN  rk(;imi-:nt  nii.r.. 

The  Senate  rcstinied  the  consideration  of  the  bill  to  raise,  for  a 
limited  time,  an  additional  military  fniee. 

On  motion  by  Mr.  MANGUM,  it  was 

Ordered,  Tliat  the  further  consideration  thereof  be  postponed 
until  to-morrow. 

E.XECUTIVE    SESSION. 

Tlie  Senate  proceeded  to  the  consideration  Executive  business, 
and  after  some  time  spent  therein, 

On  motion. 

The  Senate  adjourned. 


304 


PETITIONS— THE  TEN  REGIMENT  BILL. 


[Thursday. 


THURSDAY,  FEBRUARY  17,  1848. 


MESSAGI-.    l-BOM    THE    HOUSE. 

The   followint:  message  was  received  from  the  House  of  Repre- 
sentatives, by  fdr.  CAMriiEi.L,  their  clerk  : 

Mr.  Presiilcnt:  Tlio  Speaker  of  tire  House  of  Rcpreseiitalives  \a\mg  signed  aii.l  en- 
Hod  bdl  entitled  "An  act  snpidernentary  to  tl.c  act  enUtled  'An  act  to  regulate  the 


rolled  bill  entitled  "An  act  snpi 

exercise  of  tlie  appellate  Jurisdiction  of  tli 

other  purposes, "" 

sideiil. 


iiprerne  Court,  in  certain  cases,    am,   i 
i  am  directed  to  bring  it  to  the  Senate  for  the  siKnalnre  of  tlieir  I'l 


SIGNING    OF    A    BILL. 

The  VICF,  PRESIDENT  sicned  the  enrolled  bill  received  from 
the  House  of  Rcnresentatives,  above  named,  and  it  was  delivered 
to  the  coramittocj  to  be  presented  to  the  President  of  the  United 
States. 

PETITIONS. 

The  VICE  PRESIDENT  presented  a  petition  of  citizens  of 
Jellerson  county,  Iowa,  remonstratinrr  against  a  change  in  the 
mail  route  from  Burlington  to  Fairfield,  in  that  State  ;  which  was 
referred  to  the  Committee  on  the  Post  Olliec  and  Post  Roads. 

Mr.  MLES  presented  a  memorial  of  Insurance  Companies  and 
merchants  of  the  city  of  New  York,  remonstrating  against  the  re- 
peal of  the  act  of  March  2d,  1837,  concerning  Pilots  ;  which  was 
referred  to  the  Committee  on  Commerce. 

INDIAN    LANDS. 

Mr.  CASS  submitted  'the  following  resolution,  which  was  con- 
sidered by  unanimous  consent,  and  agreed  to  : 

/erso/on;.  That  the  (-'ommiUee  on  Indian  Affairs  be  inslrneted  to  inc|uire  into  the 
present  condition  of  the  fund,  arbin;  from  the  sale  of  the  lands  ceded  by  the  treaty  of 
Jaunarv  14,  IHUT,  with  the  Saganaw  hand  of  Chippewa  Tnilians,  wliicli  were  to  be 
rlisposed  of' for  llieir  benefit;  what  measures  are  required  10  eliect  a  sale  of  said  lands 
atan  earlv  period  and  at  a  fair  price;  or  whether  it  he  expedient  so  to  legislate,  that  the 
lands  may,  at  onee,  become  the  property  of  the  United  States,  and  a  fair  eom]icn'ation 
be  made  to  the  Indians  for  them;  and  w'hetlier,  in  justice  and  equity,  provision  should 
not  now  be  made,  in  anticipation  of  the  sale  of  the  lands,  or  as  a  part  of  sncli  com- 
pensation if  thev  are  taken  by  the  government,  for  the  payment  of  the  chlss  of  obli- 
gations provided  for  in  said  tre'aty  and  embraced  in  schedule  B,  which  were  not  jirovi- 
Scd  for  onl  of  the  amount  advanced  by  the  United  Stales  for  other  obligations  and 
objects  provided  for  in  the  same  treaty. 

PROTECTION  OF  THE  REVENUE. 

Mr.  NILES  submitted  the  following  resolution,  which  was  con- 
sidered by  unanimous  consent  and  agreed  to  : 

Rc.tolrrd,  That  the  Committee  on  Finance  be  instructed  to  iiu^uire  whether  further 
legislation  is  not  expedient  and  necessary  to  protect  the  revenue  Irom  franii  in  the  im- 
portation of  tea  and  coffee. 

PATRICK    WALKER. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  was  refeired  the  petition  of  Patrick  Walker,  sub- 
mitted 11  report  accompanied  by  a  bill  granting  a  pension  to  Pat- 
rick Walker. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

MR-  Dickinson's  resolutions. 

On  motion  by  Mr.  YULEE,  the  prior  orders  were  .suspended, 
and  the  Senate  resumed  the  consideration  of  the  resolutions  sub- 
iiiittcJ  by  Mr.  Dickinson,  relative  to  the  proper  policy  to  be  pur- 
sued liy  the  United  States  in  respect  to  the  acquisition  of  new  ter- 
ritory, and  the  substitute  therefor  submitted  by  Mr.  Y'ulee. 

[Mr.  YULEE  resumed  and  concluded  liis  argument  in  support 
of  his  amendment,  which  has  been  given  entire  in  Tuesday's  pro- 
ceedings.] 

Mr.  FOOTE. — I  move  that  the  resolution  be  laid  upon  the  table, 
and  with  the  consent  of  the  Senate  I  will  occupy  a  single  moment. 
I  have  scrutinized  this  matter  as  well  as  the  honorable  Senator 
from  Florida.  I  have  looked  a  little  at  the  indications  of  public 
sentiment  in  the  South,  and  I  undertake  to  assert  that  not  one 
word  that  has  eomi'  from  the  lips  nf  the  Senator  on  this  .subject  is 
sanctioned  by  enlightened  public  opinion  in  the  South.  I  under- 
take to  say,  also,  that  tlicrc  is  not  one  of  his  authorities  which  will 
not  be  ascertained  hereafter  to  lie  a  misijuotaiion  or  worse.  I  will 
not  say  that  the  genlli-iiian  from  Flmida  has  "just  enough  of  leariis- 
ing  to  mistiuote,''  but  it  will  turn  out  that  either  his  authorities  are 
misquoted,  or  that  they  eiiibiidy  the  jirinciplcs  of  the  Wilinot  pro- 
viso, and  this  the  gentleman,  with  all  his  sagacity,  has  not  been 
able  to  perceive.  I  applaud  the  gentleman's  liberalily,  his  magna- 
nimity in  going  out  of  his  way  to  attack  the  advocates  and  defend- 
ers of  southern  institutions.  The  manner  of  the  gentleman  is  as 
objectionable  as  the  matter  of  his  remarks.  Upon  the  latter  I 
shall  have  somelhing  to  say  hereafter.  Mis  manner  has  been  deci- 
dedly oracular,  and,  us  I  conceive,  insulting  and  illiberal  towards 
the  Dcst  friends  we  have  in  the  North. 


Mr.  YULEE. — I  hope  I  shall  be  allowed  to  make  a  single  re- 
mark, which  will  not  occupy  two  minutes  of  the  time  of  the  Senate. 

Mr.  FOOTE- — I  want  two  minutes  myself. 

Mr.  SEVIER. — I  rise  to  a  question  of  order. 

Mr.  FOOTE. — I  will  take  my  seat,  for  that  purpose  alone. 

Mr.  SEVIER— I  ask  the  attention  of  the  Presiding  Officer  to  a 
point  of  order. 

The  PRESIDING  OFFICER.— The  honorable  Senator  from 
Mississippi,  has  not  yielded  the  floor. 

Mr.  YULEE. — I  rise  for  the  purpose  of  making  an  inquiry. 

Mr.  FOOTE. — I  am  upon  my  feet,  sir. 

Mr.  SEVIER. — I  rise  to  a  question  of  order;  that  I  have  a  right 
at  any  time  to  do,  whether  a  Senator  be  on  the  floor  or  not.  My 
point  of  order  is  this,  at  one  o'clock,  the  special  order  of  the  day  is 
the  only  business  that  is  strictly  in  order. 

THE  PRESIDING  OFFICER.— The  special  order  is  not  in 
order  at  one  o'clock,  if  a  Senator  has  possession  of  the  floor. 

Mr.  FOOTE.— 1  have  made  a  motion  that  the  resolution  be 
laid  upon  the  table,  to  be  taken  up  hereafter. 

Mr.  Y'ULEE. — I  will  agree  to  that  motion,  but  must  first  ask 
the  indulgence  of  the  Senate  for  a  moment. 

Mr.  HALE. — I  rise  to  a  question  of  order. 
THE  PRESIDING  OFFICER.— The  Senator  from   Florida 
is  on  the  floor. 

Mr.  YULEE  yielded. 

Mr.  HALE. — My  point  of  order  is  that  the  Senator  from  Mis- 
sissippi moved  to  lay  the  resolution  on  the  table,  and  that  motion 
is  not  debateable. 

The  PRESIDING  OFFICER  decided  that  the  motion  was  not 
debateable. 

The  question  was  then  taken  on  laying  the  resolution  on  the  ta- 
ble, and  the  motion  was  agreed  to. 

TEN  regiment  bill. 

The  Senate  resumed  the  consideration  of  the  bill  to  raise,  for  a 
limited  time,  an  additional  military  force. 

Mr.  RUSK. — Mr.  President :  When  this  bill  w-as  introduced.  I 
had  no  disposition  to  trouble  the  Senate  with  any  remarks  j  but 
the  discussion  has  taken  a  much  wider  range  than  I  anticipated, 
having  gone  into  the  causes  and  consequences  of  the  existing  war 
with  Mexico.  It  has  been  assumed,  on  one  side,  ihat  the  war  was 
not  begun  by  Mexico,  but  that  it  was  commenced  by  the  unau- 
thorized luid  unconstitutional  act  of  the  President  of  the  United 
States.  With  a  view  to  maintain  this  position,  a  new  boundary 
line  has  been  assigned  to  Texas,  the  State  which  I  have  the  honor 
in  part  to  represent,  which  is  said  not  to  extend  to  the  Rio  Grande, 
its  true  boundary,  as  I  am  prepared  to  prove,  but  only  to  the 
river  Nueces.  The  assumption,  sir,  of  this  position,  renders  it  due 
to  myself,  due  to  the  Stale  of  Texas,  and  due  to  the  widows  and 
orphans  of  some  of  the  brave  men  who  fell  in  our  struggle  with 
Mexico  for  our  independence,  that  I  should  address  the  Senate, 
particularlv  on  this  branch  of  the  subject.  Now,  sir.  I  venture  lo 
assert  that',  when  all  the  facts  shall  have  been  made  known  to  the 
country,  no  clearer  question  ever  existed,  than  that  the  Rio  Grande 
is  the  true  boundary  of  Texas. 

Before,  however,  I  commence  the  discussion  of  the  question  of 
boundary,  it  may  not,  perhaps,  bo  improper  for  me  to  allude. 
brieUv,  to  the  causes  which  led  to  the  Texan  revolution,  and  the 
subsequent  struggle  between  that  conntry  and  Mexico.  I  am 
aware,  sir,  that  the  people  of  Texas  have  been  calumniated,  as  a 
band  of  assa.ssins,  land-robbers,  and  a  set  of  God-lbrsaken,  reckless 
desperadoes,  and  it  seemed,  the  other  day,  lo  all'ord  the  honorable 
Senator  from  Vermont  no  small  degree  of  pleasure  to  rake  up  old 
newspaper  articles,  published  ten  or  twelve  years  ago,  rivalling, 
if  they  do  not  surpass,  the  plentiful  abuse  heaped  upon  us  by  the 
Mexicans  themselves  during  our  contest- 
Mr.  UPHAM. — I  certainly  did  not  read  those  jiapers  for  the 
purpose  of  reflecting  upon  the  character  of  the  Tcxans.  It  was 
for  the  ]iurpo.sc  of  showing  the  views  of  the  democracy  of  the  North 
at  llic  time  when  annexation  was  lirst  announced  to  the  country. 

Mr.  RUSK.— I  did  not  understand  the    Senator  as  endorsing  the 
statements,  but  still,  lliev  prove  the  fact  that  such   abuse  had  been 
lavished  upon  Texas,  and  is  iicrhaps  at  present  circulated.     Now, 
■    •  •  that  I  should  rise  in  my  place,  for  the  pur- 


sir,  it  is  not  necessary 


February   17.  J 


THE  TEN  REGIMENT  BILL. 


305 


pose  of  defending  the  character  of  the  people  of  Texas  from  news- 
paper slanders.  Their  conduct,  sir,  is  a  siidicient  vindication  of 
them  against  such  assaults,  and  the  more  their  (rue  character  is 
known,  the  more  it  will  be  seen  that  they  are  enlitlcd  to  respect 
and  confidence.  I  will  further  venture  to  assert  that,  when  the 
whole  of  the  circumstances  connected  with  her  revolution  and  se- 
paration from  Mexico  shall  become  known,  it  will  be  ailmitted  by 
every  disinterested  individual,  that  no  people  on  the  face  of  the 
earth  ever  had  a  more  just  cause  of  revolution  than  had  the  people 
of  Texas.  Whatever  may  have  been  said  in  regard  to  our  being 
land-robbers,  there  were,  at  the  commencement  of  our  struggle 
for  independence,  and  are  still,  many,  very  many,  in  Texas,  who 
dare  believe  that  we  were  indebted  for  our  final  success  to  the  be- 
nificieut  Providence  of  a  just  and  righteous  God.  And,  Mr.  Pres- 
ident, I  think  it  may  be  safely  said,  that  we  manifested  no  small 
degree  of  confidence  in  the  justice  of  our  cause,  when,  with  a  po- 
pulation of  less  than  thirty  thousand,  we  dared  to  appeal  to  arms, 
in  a  contest  with  a  nation  of  ciirht  millions.     But,  sir,  I   proceed. 

I  might  here  go  back  and  arrpy  names  that  would  command 
respect,  and  among  them  the  names  of  such  men  as  Mr.  Monroe, 
Mr.  Madison,  Mr.  Jefferson,  and  Mr.  Clay,  to  establish  the  fact 
that  the  territory  of  Texas  extended  originally  to  the  Rio  Grande. 
But  it  is  unnecessary  for  my  present  purpose  to  do  so.  The  boun- 
dary of  Texas,  as  now  claimed,  is  the  boundary  established  by 
revolution,  and  that  boundary  is  the  Rio  Grande. 

Mexico,  after  having  addpted  constitutions.  State  and  federal, 
conforming  very  nearly  to  those  of  the  United  States,  passed  liber- 
al laws,  and  held  out  strong  inducements  to  the  people  of  every 
clime,  to  encourage  the  settlement  of  Texas.  Tins  was  done  not 
so  much  for  the  benefit  of  those  who  might  take  up  their  abode 
within  that  district  of  country,  as  for  the  purpose  of  redeeming 
that  valuable  portion  of  her  territory  from  the  dominion  of  the 
savage,  which  Mexico  had  struggled  to  accomplish,  but  without 
success,  for  centuries  past. 

Before  Austin  went  into  Texas  with  his  colonists,  hostile  Indians 
roamed  in  bands  throughout  the  country  unrestrained.  They  were 
constantly  committing  depradetions,  robbing  the  people  of  their 
property,  and  carrying  into  abject  bondage  the  women  and  chil- 
dren of  the  frontier  settlements.  For  the  purpose,  then,  of  driving 
out  this  ruthless  foe,  were  inducements  held  out  to  the  colonists 
to  settle  there.  Until  the  year  1834,  with  but  few  interruptions, 
there  existed  a  state  of  peace  and  quietness.  In  that  year  Santa 
Anna,  at  the  bead  of  a  military  power,  overthrew  the  constitution 
of  1824,  abolished  the  State  governments,  and  established  one  of 
the  most  tyrannical  and  absolute  governments  that  ever  existed. 
The  government  thus  established  by  Santa  Anna  is  misunderstood 
here — it  was  an  absolute  government.  It  is  true  that  there  was 
the  name  of  a  Congress,  but  it  was  the  name  alone.  The  Presi- 
dent was,  in  reality,  the  Supreme  Dictator.  He  called  a  Congress 
of  Notables  around  him,  but  that  Congress  was  entirely  subservi- 
ent to  his  will.  Another  feature  in  the  central  constitution  was, 
that  the  President  had  the  power  to  appoint,  at  his  pleasure,  an 
executive  council  from  the  diflerent  portions  of  the  community,  the 
industrial  classes,  the  priesthood,  the  military,  the  commercial, 
and  others.  They  were,  however,  from  the  very  nature  of  the 
tenure  of  their  offices,  his  creatures,  and,  if  they  were  not  subser- 
vient to  his  views,  he  could  remove  them  at  Ijis  pleasure.  Again; 
it  was  one  of  the  f.indamental  articles  of  this  central  government, 
tbat  the  President,  with  the  advice  of  his  council,  might  suspend 
the  action  of  any  other  department  of  the  government,  so  that,  in 
reality,  absolute  power  was  vested  in  the  President. 

The  people  of  Texas  were  unwilling  to  commence  the  revolu- 
tion— they  were  anxious  to  avoid  a  collision  with  Mexico.  They 
sent  Austin  to  Mexico  to  represent  their  conditinn,  and  to  ask 
some  guaranty  that  they  should  not  be  disturbed  in  the  enjoyment 
of  their  rights.  AVithout  any  cause,  and  even  without  charges  be- 
ing preferred  against  him,  he  was  seized  and  incarcerated  in  the 
loathsome  dungeons  of  Mexico,  where,  in  fact,  he  contracted  the 
disease  which  terminated  his  honorable  and  useful  life.  In  order  to 
carry  out  the  establishment  of  this  central  government,  it  became 
necessary  for  Santa  Anna  to  possess  himself  of  all  the  physical 
power  in  Mexico.  With  a  view  to  this,  he  procured  the  passage 
of  a  decree  requiring  the  States,  as  well  as  individuals,  to  sur- 
render up  all  the  arms  whicli  they  had  in  their  possession.  This 
law  was  enforced  throughout  Mexico.  State  constitutions  were 
destroyed  ;  States  were  declared  to  be  mere  departments  ;  were 
deprived  of  all  legislative  authority  ;  and  their  governors  were  ap- 
pointed by  the  central  government.  This  law  wa^,  as  I  have  said, 
enforced  all  over  Mexico,  although  there  were  some  States  which 
held  out  for  some  time  against  it.  The  State  of  Zacatecas,  after 
a  sharp  cuitest,  yielded,  and  other  States  made  but  a  feeble  resis- 
tance. Texas  could  not  yield  to  it — she  could  not  yield  to  such  a 
decree.  We  were  surrounded  by  hnsiile  Indians,  the  C'anianches 
and  various  other  tribes,  who  %vere  commitling  depredations  on  our 
frontiers.  The  Indians  sef  led  amongst  us  greatly  exceeded  our 
own  population  in  point  of  numbers,  and  it  was  known  that  Mex- 
ican agents  had  been  among  them  urging  them  to  take  up  the 
tomahawk  and  scalping-knife  and  exterminate  the  Texans.  If  we 
had  submitted  to  have  our  arms  taken  from  us.  the  result  would  have 
been  indiscriinnate  massacre.  Under  such  circumstances,  there  is 
scarcely  any  one,  I  presume,  who  would  have  asked  us  to  give  up 
our  arms,  even  to  avoid  the  charge  of  being  land-robbers.  An  at- 
tempt was  made  by  Santa  Anna  to  enforce  this  law  in  Texas. 
The  legislature  of  Coahuila  was  attacked  for  merely  protesting 
against  the  action  of  the  central  government,  and  its  members 
veie  seized  and  imprisoned. 

30th  Coug.— 1st  Skssion— No.  39. 


In  this  state  of  confusion,  the  people  of  the  various  municipal 
ties  had  elected  delegates  to  meet  in  general  consultation,  at  San 
Felipe,  to  determine  whether  we  would  submit  to  the  central  Go- 
vernment, and  to  agree  upon  some  definite  crur.se  of  combined  ac- 
tion.    This  convention  was  to  assemble  in  October,  1835. 

About  this  time,  however,  General  Cos.  at  the  head  of  an  army 
of  central  troops,  crossed  the  Rio  Grande,  left  a  garrison  at  Li- 
pantitlan,  on  the  west  side  of  the  Nueces,  and  one  at  Goliad,  and 
marched  with  his  main  force  to  San  Antonio,  where  be  established 
his  head  quarters.  During  this  march  there  was  no  movement  on 
our  part  to  take  up  arms  ;  we  were  quietly  assembling  at  San  Fe- 
lipe to  consult  as  to  what  course  we  should  adopt.  About  the 
time  General  Cos  arrived  at  San  Antonio,  ho  tent  adeiacbment  of 
two  hundred  cavalry  to  Gonzales,  a  small  town  in  the  neighborhood 
of  that  place,  to  demand  from  its  citizens  the  surrender  of  a  small 
piece  of  ordnance,  which  had  been  purchaseii  by  them  as  a  means 
of  defence  against  the  Indians.  They  asked  twenty-four  hours  to 
consider,  and  finally  refused  to  surrender  their  cannon,  but  gave 
the  assailants  its  contents,  and  a  fight  ensued  between  them  and 
the  Mexican  cavalry  ;  and  thus,  sir.  the  revolution  commenced. 

As  the  news  ot  this  occurrence  spread,  the  citizens  from  all 
quarters  shouldered  their  rifies  and  hurried  to  the  contest.  Capt. 
Dimmit  raised  a  company  of  men.  took  the  garrison  at  Goliad, 
marched  to  Lipaniitlan,  where  be  was  joined  by  citzens  residing 
on  both  sides  of  the  Nueces,  as  well  as  some  who  resided  on  the 
Rio  Grande  ;  and,  at  the  head  of  this  combined  force,  captured  the 
fort  and  dispersed  the  central  troops. 

The  convention,  which  had  in  the  meanwhile  assembled  at  San 
Felipe,  declared  against  the  central  government,  and  protested 
against  the  military  despotism  of  Santa  Anna,  and  in  favor  of  the 
constitution  ol  1824,  inviting  all  the  States  of  the  confederacy  to 
join  them  iii  restoring  that  constitution  and  reclaiming  their  liber- 
ties. General  Cos.  who  had  been  closely  beseiged  in  his  fortifica- 
tion at  San  Antonio,  capitulated,  after  having  been  beaten.  Many 
of  the  citizens  who  resided  between  the  Nueces  and  the  Rio  Grande, 
were  attached  to  the  army  which  captured  General  Cos.  Now, 
sir,  I  would  ask,  was  it  not  right  that  we  should  include  them  in 
the  benefits  of  our  victory,  and  provide  for  their  safety  ?  I  say,  sii-, 
would  it  not  have  been  just  or  honorable  in  those  of  us  who  resided 
east  of  the  Nueces,  to  have  provided  for  our  own  security,  and  to 
have  left  those  west  of  that  river,  from  whom  we  had  received  va- 
luable aid,  to  the  tender  mercies  of  the  Mexican  dictator  ?  We  did 
provide  for  their  safety — many  of  them  have  since  fallen — we  have 
always  asserted  and  stood  by  the  rights  of  their  widows  and  or- 
plians,  and,  anxious  as  we  were  for  peace  and  a  termination  of  the 
war  with  Mexico,  there  never  has  been  a  time  when  Texas  would 
not  have  hazarded  her  very  existence  as  a  nation,  in  any  contest, 
however  unequal,  rather  than  have  abandoned  them  to  the  enemy. 
Life  and  liberty  were  the  stakes  for  which  we  fought — mere  terri- 
tory was  a  secondary,  very  secondary  consideration.  These  people 
had  dared  to  resist  tile  central  power — they  had  periled  everything 
and  had  joined  us — had  rendered  important  services,  and  we  had 
cheerfully  accepted  their  aid  in  the  hour  of  adversity,  and  I,  for 
one,  sir,  think  it  was  not  discreditable  to  us  that  we  regarded  their 
rights  and  stipulated  for  their  security  in  our  prosperity.  General 
Cos  was  forced  to  enter  into  a  capitulation  which  protected  the 
rights  of  those  citizens,  and  which  lorms  the  first  link  in  the  chain 
of  our  title  to  the  territory  extending  to  the  Rio  Grande.  Mr. 
President,  I  will  ask  the  favor  that  Uie  Secretary  will  read  the 
copy  of  that  instrument  which  I  hold  in  my  hand. 

[The  Secretary  read  the  capitulation  entered  into  by  General 
Martin  Perfecto  de  Cos,  of  the  permanent  troops,  and  General 
Edward  Burleson,  of  the  colonial  troops  of -Texas.] 

General  Cos,  sir,  with  his  convicts  and  soldiers,  retired  to  the 
west  bank  of  the  Rio  Grande. 

Thus,  sir,  the  citizens  of  Texas,  east  ol  the  Rio  Grande,  had, 
so  far,  suceessfully  resisted  the  change  of  government.  The  mili- 
tary despotism  had  no  foothold  remaining  on  this  side  of  that 
stream.  Up  to  this  time  wo  had  been  contending  for  the  consti- 
tution, which  had  been  overthrown,  and  not  for  a  separate  nation- 
al existence. 

Santa  Anna,  bent  upon  the  possession  of  absolute  power,  was 
not  to  be  thus  baulked  in  his  views.  He  immediately  mustered  a 
large  and  well  appointed  army,  and  at  ils  head,  put  himself  en 
route  for  our  extermination.  He  could  not  remain  quiet  while  a 
few  freemen  on  this  side  of  the  Rio  Grande  were  in  the  enjoyment 
of  rational  liberty,  and  \vould  not  bow  and  worship  at  the  footstool 
of  his  power.  The  rest  of  Mexico  had  submitted^  no  response  to 
the  shout  of  constitutional  liberty  readied  us  beyond  the  Rio 
Grande.  Santa  Anna  was  rapidly  advancing  upon  us,  threatening 
extermination,  and  we  had  no  alternative  left  but  to  assume  a  se- 
parate national  existence.  A  convention  was  accordingly  called 
111  haste,  to  which  tne  people  between  the  Nueces  and  the  Rio 
Grande  sent  delegates.  Wo  declared  our  independence — appealed 
to  the  civilized  world  for  the  justice  of  our  cause — and  trusting  to 
the  God  of  battles,  put  ourselves  in  position  to  defend  our  rights. 
Santa  Anna  advanced  with  great  rapidity,  and  the  first  blood  that 
flowed  in  this  campaign  was  shed  upon  the  territory  between  the 
Nueces  and  the  Rio  Grande.  The  Alamo  was  surrounded,  and  its 
brave  defenders,  to  a  man,  perished  by  the  sword.  Fanning  sur- 
rendered, and,  in  violation  of  the  most  solemn  stipulations  for  the 
safety  of  his  command,  he  and  his  gallant  men  were  inhumanly 
butchered  in  cold  blond.  Most  of  the  male  inhabitants  of  the  coun- 
try west  of  the  Nueces  found  bloody  but  honorable  graves.  Santa 
AJina  continued  his  rapid  advance,  spreading  ruiu  and  devastation 


306 


THE  TEN  REGIMENT  BILL. 


[Thursday, 


On  his  path.  He  was  met  at  S^n  Jarinto  by  seven  hundred  anJ 
eighty  freemen,  and  the  result  is  belore  the  world — halt'  ol'  his 
I'orce  was  slain,  the  remainder,  incluilin<;  himsell',  captured. 

Santa  Anna  now  occupied  a  delicate  position.  His  lile  justly 
lorfeiied  by  us,  was  held  by  a  doubtful  tenure.  His  governini'nt  at 
home  was  unpopular  with  the  "real  mass  of  the  poDpli'.  'I  he 
only  support  upon  which  he  could  rely  for  political  existence,  was 
the  array  at  diU'erent  points  in  Texas,  now  reduced  to  some  five 
thousand  men,  under  liie  command  of  Gen.  Filisola.  To  save  his 
own  life,  the  remnant  of  his  armv,  and  lis  government,  were  im- 
portant objects.  Only  the  day  before  ho  was  the  government  o 
Mexico,  now  he  was  a  prisoner.  He  obtained  permission  and 
wrote  to  General  Filisola,  who,  in  his  answer,  promised  to  obey 
implicitly  all  orders  which  he  shouM  give  him.  Santa  Anna  at 
onee  proposed  to  General  Houston  and  the  Secretary  o(  War,  then 
in  camp,  to  acknowledge  the  independence  of  Texas  extending  to 
the  Kio  Grande.  They  declined  to  enter  into  negotiations,  aiiU 
turned  Santa  Anna  over  to  the  civil  government,  (which  consisted 
of  a  President  and  cabinet,  ad  interim,  elected  lor  the  emergency, 
by  the  convention.  Sania  Anna  urged  them  to^enter  into  nego- 
tiations wilh  him,  which  they  did,  and  which  trtfety.-  [Here 
a  Senator  remarked  that  it  was  not  a  treaty.]  I  ihmk  it  was  a 
and  1  shall   have  occasion    lurlher  to   remark  upon  it 


end  it  to  the  Secretary's  desk  for  the  pur|)ose  ofhav- 


treaty,  sir, 

hereafter.     I 

jng  it  read. 

Articl«  of  a»roeraenl  ami  solemn  i-oni]iact,  inaJt  ami  adopted  lij-D.lvid  G.  limncl. 
Presidt-nt  of  \h>^  r.-|.ublic  of 'i'fxas.  and  llie  undersiened  memtiers  ot  llie  ual.inct 
ihercof  on  the  one  pml.  and  Don  Anlonio  i-o|ie/,  de  Sanla  Anna,  Pr.  sident  oltliB 
lenuljht  uf  Mpmco.  and  Don  Vun-vnli-  Kdiiola,  Central  ol  Uivijions,  Don  Jose 
Uitn,  Don  Joacinn  Raniires  y  Stsma.  and  Don  Anlonio  Gaona,  Generak  of  Bn- 
yadt-i.  of  the  armies  of  Meiii-o. 
Whereas,  Ihe  President  Santa  Anna,  with  divers  officers  of  liis  lafearmy,  i*  a  pri 

noner  of  war  in  charge  of  the  army  of  Texas,  and  is  desirous  of  terminating  the  con- 

lest  now  e-xisling  Ijelween  the  government    of  Texas   and    that  of  Mexico,  in  whicli 

desire  the  Generals  aliove  named  do  fully  conenr ;  and 

Whereas,  the  President  of  llie  lepnhlic  of  Texas  and  the  cabinet,  are  also  willing 

(o  stay  ihe'furllter  elfusion  of  hlood,  and  to  see  the  two  neinhhoriny  re])uhncs  placed 

in  relations  of  fncndship  on  terms  of  recii)rocal  advantage; 
Tlierelore,  it  is  agreed  by  Ihc  Presi<lent  irsanla  Anna,  and  the  Generals  Don  Vincente 

Filisola.  Don  Jose  Urea,  lion  Joachin  Ramires  y  t'esma  and  Don  Antonio  Gaona, 
Ist.  That  the  armies  of  Mexico  shall,  wilh  all  practicable  expedition,  evacuate  the 

territory  of  Texas,  anil  retire  lo  Monterey,  beyond  the  Rio  Grande, 

'ii.  That  the  armies,  in  Iheir  retreat,  shall  abstain  from  all  pillage  and  rievastatiou, 

and  shall  not  molest  any  of  the  citizens  of  Texas,  and  shall  iiol  carry  wilh  ihciii  any 

cattle  or  oilier  slock,  iiitire  than  may  be  absohitely  necessary  for  thcii  siilisisieiice,  for 

which  a  just  price  shall  be  paid.    That  all  .private  properly  that  may  have  been  ca;  - 

lured  by  either  ilelachinent  of  theaiiiiy.  sUall  be  ileposiled  at  the  hrsl  convenient. point 

of  their  iiiarcli.  and  left  under  a  slitficieiiiit  guard  uiild  the  pro,ner  aulhoriiies  of  Texas 

shall  have  possession  Ihereot. 

;id.  That  llie  army  of  Texas  are  lo  march  v^ostwardly,  and  to  occupy  such  posts  as 

the  coniniaBilin"  general  may   think  projier,  on  the  cant  siile  of  the  Kio  Grande,  or 

Rio  Bravo  del  Norle. 

4lh.  That  the  Presiiient  Santa  Anna,  in  his  official  character  a's  chief  of  the  Mexi 
can  nation,  and  Ihe  Generals  Don  V'icenlG  Filisola,  Don  Jose  Urea,  Don  Joachin 
Rauiir«s  y  Sesma,  and  Don  Antonio  Gaono,  as  chiefs  of  armies,  do  solemnly  ar'- 
knowledjj*,  sanclion.  and  ralify,  the  full,  enlire,  and  [lericct  independence  of  the  re 
public  ol  Texas,  Willi  such  hounda'ie,  as  are  hereafter  set  forlli  and  agreed  upon  lor 
the-jame.  And  Ihey  do  solemnly  and  lespectfully  pledge  themselves,  wilh  all  tlicii 
personal  and  olhcial  attributes,  lo  procure  withoiir  delay  the  final  and  comjilcle  lalift 
canon  and  coiitirinalion  of  this  agreement,  and  all  the  Jiarts  rhereol".  by  liic  proper 
and  legilimale  governmenr  of  Mexico,  by  ihe  iiicorpoialion  of  llie  same  inlo  a  so- 
lemn and  perpetual  treaty  of  aiilily  and  conimerec  lo  be  negolialed  wilh  that  gov ein- 
nientat  lliecilyof  Mexico,  hy  ministers  plenipotcnliary  to  ire  deputed  by  the  gov.. rn- 
inent  of  Tej;as  for  tjlis  high  pnlposi-. 

5lh.  That  the  following  be,  and  llie  same  are  lierchy  established  and  made  the  lines 
of  demarcation  heUscen  the  two  rejiuhlics  of  Mexico  and  of  Texas,  to  wit:  The  line 
shall  commence  at  the  estuary  or  month  of  the  Rio  flranrle,  on  the  westt-in  hai;k 
thereof,  and  shall  pursue  the  same  hauls  up  the  said  river,  to  the  joint  where  the  ri\rr 
assumestlie  na-iie  of  the  Rio  Bravo  del  Norte,  from  which  point  it  shrill  proceed  on 
the  said  western  bank  lo  the  head  waters,  or  source  of  said  river,  it  being  understood 
that  the  terms  Rio  Giande  and  Rio  liravo  del  iNortc,  apply  to  lilid  designate  one  and 
the  same  slieam.  From  the  source  of  said  river,  the  piincijial  head  branch  being  taken 
to  asL-r-rtain  that  source,  a  due  north  line  shall  he  riiii  until  it  shall  inlcrsccl  llie  boun- 
dary line  established  and  dcsciihed  in  the  treaty  jiegotialed  hy  and  hetwcen  the  go 
vcrnmenl  of  Ispain  and  the  go\crnineiil  of  the  fliiiled  Plates  of  the  jSoilh,  svhicli 
line  was  subseiiuenlly  rransferred  to  anrl  adopted  in  the  treaty  of  limits  made  hetwcen 
Ihe  governmcni  of  Mexico  and  that  of  the  lliiiled  States,  and  from  this  point  of  ili- 
lersoclioa  the  hue  shall  be  the  same  as  was  made  and  established  in  and  hy  tlio several 
treaties  above  inenlioned,  to  continue  to  the  mouth  or  onllct  of  the  Siibpie  liver,  and 
from  thence  to  lire  tiiilf  of  Mexico. 

Olh,  That  all  prisoners  taken  hy  the  forces  otMexico  he  forthwith  released!  anil  he 
tarnished  with  free  passports  to  return  to  their  honics;  their  clothing  ami  small  arms 
lo  be  reslore.l  lo  ihcm. 

Till.  Thai  nil  the  fortress  of  Texas  he  forthwith  restored  without  dila[iidalion,  anrt 
with  all  the  arldllery  and  munilioiis  of  war  belonging  lo  ihem  respect  vely, 

8lli.  The  President  and  Cabinet  of  the  republic  ol  Texas  exercising  the  Iiigh  powers 
the  people  of  Texas,  do.  for  and  in  consideration  of  tile  foiegoing 


eonhded  te  lh« 
siipnlation,  solemnly  i 


ge  lo  refrain  from  taking  the  hfi;  of  the  President  Santa  .\ii 
«  of 


,  and  of  the  several  otficers  of  his  late  armv.  whom 'tlie  events  of  war  have  iikkI 
prisoners  in  their  hands,  and  to  liberate  the  IVesident  Santa  Anna,  with  his  private 
Secrelnry,  and  cause  him  lo  be  convoyed  in  one  of  the  national  vessels  of  Texas  to 
Vera  Criii,  in  order  that  he  may  more  "promptly  and  cjfectuallv  obtain  llif  ralilicnljon 
of  this  compact,  anfl  the  negotialinjjs  of  llic  ihlinilive  freaty  herein  eontcmplaled  hy 
the  govaininant  of  Mexico  ainl  the  govi.rnmenl  of  Texas. 

9th.  The  release  ol  the  Pres!d„nt  .Santa  Anna  ^liall  he  made  imiuodiali.lv  on  receiv- 
ing the  signatures  ofilic  General.  Don  Vicente  I'lh.sola,  Don  Jose  Urea.  D'oii  Jo.achin 
Rsmiret  y  Scsina,  an  1  Dou  Anloiiiit  tiaona,  to  this  agrcr-iiient,  and  his  convcyanco  to 
"Vera  CrUKasBoon  atlerwardsas  may  he  convenient,  ' 

lUlh.  The  Prciidenl  Sauta  Anna',  and  the  Generals  Don  Vicente  Filisola.  Don  ,1ose 
Urea,  Don  Joachin  Ramires  y  Sesina,  and  Don  Anlonio  Gaona,  do,  hy  this  aclof  sub- 
•crbiiig  this  mstrainent,  severally  and  solemnly  pledge  themselves  oi\  their  inviolable 
parole  of  honor,  that  in  the  event  the  Mexican  government  shall  refu-e  or  omit  to  ex- 
ecute, ratify,  confirm,  and  perfect  this  agreement,  they  will  not,  on  any  occasion 
whatever,  rake  up  arms  agaiiisi  the  people  ol  Texas,  or  any  portion  of  them,  hot  will 
consider  Ihemsclvcs hound,  by  every  sacrcil  ohligruion,  to  ahslnin  from  all  hostilitv  to- 
wards Texas  or  its  citizens. 

Uth.  That  the  other  Me.viean  onieersi.  prisoners  wiih  the  governmenl  of  Texas, 
•ball  lemniisun  custody,  as  hosliiges,  for  the  faithful  perforniaucc  of  this  a-reement, 
and  shall  be  treated  with  humanily,  and  the  reapcct  due  Iheir  rank  and  condilion, 
until  iho  final  disposition  of  the  Mexiean  government  be  ascertained,  and  n  treaty  lo 
he  predicaterl  upon  Ihe  above  sli(iiilalioii*.  shall  he  made  or  rejected  bv  that  govern- 
ment. In  the  event  of  a  refusal  to  enter  into  and  ratify  such  treaty  on 'the  par*tof  iho 
Mexican  govornmeut,  the  government  of  Toxris  reserve's  to  herself  the  right  to  dispose 
of  them  as  they  may  think  proper  and  eunitahle.  relative  to  the  conduct  ol  Iho  Mexi- 
cftn  forces  towiirds  the  volunteen  and  soldiers  of  Texas,  svho  have  heretofore  fallen 
iuo  Uieir hands.  j  -  .  ..      . 


l-2lli.  The  high  contracting  parties  mutually  agree  to  refer  the  treaty  intended  to  be 
executed  and  solemuized  hy  the  two  governments  of  Texas  and  Mexico,  on  the  basis 
(^itablIshed  in  this  compact,  to  the  government  of  the  United  Slates  ol  the  Norih,  and 
lo  solicit  the  guarantee  of  that  government  for  the  fulfilment,  by  the  contracting  par 
ties  respectively,  of  their  several  engagements  ;  the  said  parties  pledging  themselves,  in 
rase  of  any  disagreement  or  defalcation,  lo  submit  all  matters  in  controversy  lo  Ihe 
final  decision  and  adjustment  of  that  government.  For  this  purgose  the  conlractiug 
parties  shall,  as  soon  as  practicable  afler  Ihe  ratification  of  saiil  treaty,  depute  one  or 
more  commissioners  to  the  court  of  Washington,  invested  with  plenary  power*  to  per 
tect  the  object  of  this  stipulation. 

nih.  Any  act  of  hostility  on  the  part  of  the  retreating  Mexican  troops,  or  any  de- 
predation upon  public  or  private  property  eonimitled  by  those  troops,  or  any  impedi- 
ment presenteil  lo  the  occupation  of  any  part  of  the  territory  of  Tex-as.  by_  Ihe  forces 
thereof,  on  Ihe  jiart  of  tlie  Mexican  troops,  shall  be  considered  a  violation  of  this  agree- 
ineiil.  ,  , ,    . 

This  is  the  second  link  in  the  chain  of  our  title.  This  treaty, 
sir,  was  forwarded  to  me,  (at  that  time  in  command  of  the  Texaa 
army.)  and  was  transmitted  by  me  to  Gen.  Filisola,  who  confirm- 
ed it.  Its  terras  were  strictly  complied  with;  Gen.  Fili.sola  retir- 
ing with  the  army  to  the  other  side  of  the  Rio  Grande,  unmolest- 
ed; and  the  Texan  force  taking  possession. 

I  grant  you,  sir,  that  Santa  Anna  was,  at  the  time  he  executed 
this  treaty,  a  prisoner  of  war — that  he  was  under  duress,  if  yon 
please;  that  one  of  his  objects  was  to  save  his  life  and  procure  his 
liberty;  but  I  most  positively  deny  that  it  was  extorted  from  him. 
On  the  contrary,  it  was  at  his  most  earnest  solicitation,  repeated 
and  presseii  for'several  days,  that  the  government  of  Texas  con- 
.sented  to  enter  into  it.  Its  obligations  were  mutual  upon  Texas 
and  upon  Mexico;  its  benefits  were  mutual.  Texas  was  lo  ac- 
quire the  independenoeof  all  the  territory  east  of  the  Rio  Grande. 
Mexico,  on  her  part,  was  to  save  the  life  o!  her  President,  and 
save  her  army,  which  was  panic-stricken  and  completely  in  our 
power.  I  might  adduce  many  facts  to  show  that  this  was  strictly 
true.  I  will  not,  however,  waste  the  time  of  the  Senate  further 
than  to  state  one  circumstance,  which  -was,  that  Gen.  Ampudia, 
who  has  figured  in  the  present  war,  surrendered  the  rear  guard  ol 
the  Mexican  army,  consisting  of  four  hundred  men  with  eight 
pieces  of  artillery,  lo  Capt.  Karnes,  at  the  head  of  tweniy-tiv^e 
Texan  troops,  the  main  body  of  our  army  being  forty  miles  ofl, 
with  thesriver  Brasos  between  us.  Mexico  saved,  by  the  truce,  her 
.army,  and  by  that  means,  her  government.  She  saved  the  life 
and  procured  the  liberty  of  Santa  Anna.  If  Santa  Anna  was  a 
prisoner,  and  under  duress,  Filisola,  the  second  in  command,  was 
Iree— was  in  Texas,  at  the  head  of  five  or  six  thousand  men,  wiih 
upwards  of  fifty  pieces  of  artillery,  with  provisions  and  munitions 
ef  war  in  abundance.  Our  force  d'^iii  not  exceed  one  thotisand  men, 
and  we  had  but  two  pieces  of  artillery.  Filisola,  under  these  cir- 
cumstances, sanctioned  the  treaty  and  communicated  it  to  bis  go- 
vernment, which  remained  quiet  until  their  army  was  safe  on  ttie 
other  side  of  the  Rio  Grande.  »a^,. 

I  do  not  intend  to  lay  much  stress  upon  this  treaty,  as  I  BBlieVB 
our  title   to  be  clear  and    unquestionable    independently  of  it,  but, 
sir,  I  will  leave  it  to  every  candid  mind  to  decide  whether  it  be  fair, 
just,  and  eiptitablc,  to  permit  Mexico  to  avail  herselfofall  the  be- 
nefits which  resulted  to  her,  and   then   turn    round   and  repudiate 
the  obligations  imposed  upon   her.     If  this   be   a    principle  of  the 
law  of  nations,  it  is  new  tj  me;  iind  if  it  be  founded  on  any  prin- 
ple  of  justice,  I  have  not,  I  conlcss,  sufiicient  penetration  to  disco- 
ver in  what  way.     If,  sir,  an  agent,  unauthorized,  if  you  please  to 
have  it  so,  should  sell  a  tract  of  your  land,  at  a  fair  price,  and  yon 
do  not  disavow  his  act,  but  go  on  and  receive  the  full  consideration 
agreed  upon  and  appropriate  it  to  your  own  purposes,  is  there  any 
court  of  equity  in  the  world  that  would  not  enforce  the  contract, 
as  between  you  and  the  purchaser  of  the   land?     I  think  not,  sir. 
But  we  are  'not  forced  lo  rest  our  cause  hero.     'We  are  amply  sus- 
tained in  our  claim,  not    only  by    our   own   declarations  and  acts, 
but  hv  the  declarations  and  acts    of  Mexico  subsequently.     After 
Filiso'la  had  abandoned    the    territory    in  question.  General  Felix 
Huston,  with  a  detachment  of  Texan  troops,  took  possession,  and 
kept  the  Mexican  force   on    the  other   side  of  the  Bravo.     Up  to 
this  lime  the  Mexicans  had  always  maintained  a  garrison  at  Lore- 
do,  a  town  on  this  side  of  the  river.     It  was  necessary  for  the  de- 
fence of  the  inhabitants.     But,  sir,  immediately  after  General  Fill- 
sola  had  retired  with  bis  army,  they   removed  this  garrison  to  the 
other  bank  of  the  river,  where   it  remained  up  to  the   commence- 
ment of  the  present  war.     The  Texan   Congress  passed  an  act  at 
its  first  session,   in    1836,   declaring  our  boundary  lo   be    the  Rio 
Grande,  and  of  this  as.sertion  of  our  claim  Mexico  and   the  wdiole 
world  were  notified.     "VVe  laid  oir  counties  and  conferred  civil  ju- 
risdiction, established   land   oflices,    and   sent  troops  there.     The 
Mexicans  always  kept  their  forces  on  the  other  side  of  the  river, 
at  Matamoras,  Mier,  and  opposite  Loredo,  at  all  of  which  places 
garrisons  werfe  p'ern^anently  kept  up,  and  never  afterwards  on  this 
side.     It  is  true,  they  twice  ctossed  the  river  and  penetrated  as  far 
as  San  Antonio,  but 'were    immediately  driven  back.     On  both  of 
these   occasions   they  did  not   halt  in  the  neighborhood  of  the  Rio 
Grande,  but  retired  into  the  interior.  Our  troops  frequently  crossed 
and  penetrated  the  towns   on   the   other  side.     In  1843,  an  armis- 
tice was  agreed  upon  between   the    governments  of  Mexico  and 
Texas,  which  was  broken  ofl"  in  the  early  part  of  1844.     General 
"Woll  was  ordered  hy  Santa  Anna  to   proclaim  the  armistice  to  be 
at  an  end,   and  he  did   so,   under  date  of  the  20th  June,  1S44.     I 
read  the  concluding  paragraph  of  that  proclamation  : 

■■3.  Eveiv  individual  whp  shall  be  found  at  the  distance  of  one  league  from  the 
left  bank  of'ihe  Rio  Ilraso.  will  be  regarded  as  a  favorer  and  accomplice  ot'aheu  orp 
ersrrf  that  part  of  the  naliriual  terrilorc,  and  as  a  traitor  10  his  country,  and,  alter  a 
summurv  mililary  trial,  shall  he  punislied  as  such. 

(Bigucd,)  ADRIAN    WOLL,  G«u  of  Brigade." 

Now,  sir,  if  the  citizens  on  the  side  of  the  Rio  Grandi^trere  citiieiw 

•^Z  lat — . nvtOv'  KTi* 


February  17. j 


THE  TEN  REGIMENT  BILL. 


307 


of  Mexico  or  Tamaulipas,  if  tliey  had  a  custom-house  and  liad  pos- 
session, as  has  been  stated,,  is  it  not  a  little  unreasonable  that  Gen. 
Well  should  denounce  the  citizens  of  Tamaulipas,  the  custom- 
house officers  of  his  own  government,  as  "  traitors,"  and  subject 
them  to  capital  punishment  ? 

It  has  been  said  the  Mexicans  had  a  custom-liouso  at  Bvasos 
Santiago,  and  that  Gen.  Taj'lor  found  a  custom-liouse  at  Point  Isa 
bel,  which  the  Mexicans  abandoned  and  burnt  at  his  approach. — 
Now,  sir,  the  truth  i.s,  that  the  custom-house  was  at  Matamoras, 
and  the  collector  of  customs  resided  there.  It  was  there  that  the 
duties  were  paid  on  floods  landed  at  Brasos  Santiago,  or  at  the 
mouth  of  the  Rio  Grande,  on  the  west  side,  where,  in  fact,  most  oi 
the  merchandise  intended  lor  the  Matarooras  market  was  landed. 
I  believe  it  is  true  that  the  collector  did,  occasionally,  .send  his  de- 
puties to  Point  Isabel  and  Brasos  Santiago,  and  they  were  .some- 
limes  accompanied  by  a  military  guard.  I  recollect  upon  one  oc- 
casion several  hundred  soldiers  were  sent  down  to  the  latter  place. 
The  Mexican  governiueut  had  previously  to  our  declaration  of  in- 
dependence, passed  a  law  declaring  the  ports  of  Texas  closed 
against  foreign  conmierce,  which  law  remained  unrepealed.  In 
1837,  the  Mexican  government  procured  what  they  called  a  navy, 
consisting  of  some  three  or  four  ships,  one  of  which,  I  recollect, 
the  "  General  Urea,"  came  down  to  our  coast,  and  captured  one 
or  two  vessels  owned  by  American  citizens,  and  loadectwilh  mer- 
chandise belonging  to  American  merchants,  and  destined  lor  the 
Texan  trade.  These  vessels  were  carried  to  Brasos  Santiago. — 
In  a  few  days  the  commander  of  the  United  States  ship  Natchez, 
on  her  way  home  from  a  cruise,  seeing  these  vessels  in  the  harbor, 
demanded  of  the  captain  of  the  ''  General  Urea  "  for  what  cause 
they  were  detained.  He  was  informed  they  were  prizes  captured 
in  au  attempt  to  violate  the  blockade  of  Texas.  The  commander 
of  the  Natchez,  not  being  apprised  of  any  blockade,  demanded  that 
a  copy  of  the  proclamation  ol  blockade  should  be  rurnished.  They 
were'obliged  to  send  up  to  Matamoras  to  Gen  Bravo,  the  collec- 
tor, for  it  ;  and,  when  it  was.furnished,  it  turned  out  to  bo  nolhing 
more  than  a  certihed  copy  of  ih«  old  law  of  1835,  closing  the  pons 
of  Texas  against  foreign  commerce.  The  commander  of  the 
Natchez  would  not  recognize  this  as  a  blockade,  and  demanded 
that  the  American  vessels  should  be  released.  ,  This  was  refused, 
and  the  Natchez  captured  the  Urea.  A  great  parade  was  now  made 
on  shore,  troops  were  collecled,  cannon  tired  at  the  Natchez,  which 
was,  however,  beyond  the  reach  of  their  shot;  the  goods  were  eon- 
tiscatcd,  and  many  of  the  men  on  board  the  vessels  were  marched 
to  Matamoras  an'd  imprisoned.  The  commander  of  the  Natchez 
brought  the  General  Urea  to  Peiisacola,  and  i-oporied  the  whole 
affair  to  his  government.  The  matter  ended,  I  think,  in  there- 
lease  of  the  General  Urea,  and  I  am  not  sure  that  an  apology  was 
not  made  to  the  Mexican  authorities. 

S^But,  sir,  the  Nueces  boundary  had  its  origin  here.  No  act  of 
the  Mexican  >:overnment,  nor  declaration  of  any  Mexican  olHcer 
can  bo  produced,  showing  that  Mexico  has,  upon  any  occasion, 
since  1836,  claimed  the  territoiy  between  the  Nueces  and  Rio 
Bravo,  by  any  other  or  dilfercnt  title  than  that  set  up  by  them  to 
the  country  as  far  as  the  Sabine.  I  might  adduce  many  other 
facts  in  support  of  this  position,  but  I  will  only  trouble  the  Senate 
with  one  more,  which  is  this  ;  General  Santa  Anna,  on  the  27th  of 
February,  1S47,  in  his  report  of  the  battle  of  Buena  Vista,  holds 
the  following  language  : 

"  From  the  impression  we  had  made  on  the  eiiemy,  be  did  not  apjiciir  before  ns  for 
three  davs;  ttie  bearer  of  a  flag  of  truce,  however,  arrived  with  a  proposition  from  Gen. 
Tavloi  for  an  e.xchaii^-e  of  priioners,  and  for  our  ^endin^  for  Ih-?  wouud'-d  who  had  re- 
ma'ineJ  on  tlie  tield.  lie  also  cxnrcsicd  to  me  the  desire  wliieti  tlie  Ameriirans  felt  for 
the  le  establishment  of  peace.  I  replied,  in  order  that  he  lui^'ht  say  ttic  same  to  hia 
General,  that  vve'sustained  the  most  sacrfd  cause?,  tbe^defenee  of  our  teiiitory,  and 
tbe  preservation  of  oin  nationality  and  rights;  Ihat  we~\vere  not  the  aggressors,  and 
that  our  government  had  never  olfeiuled  that  of  the  United  States.  I  observed  that  \ye 
,  ould  say  nothinj;  of  peace,  while  (he  Americans  were  i>n  thia  aide  of  the  Bravo,  or 
ocnupied  any  part  of  Mexican  teiritory.  or  blockaded  our  ports;  and  that  we  were 
resolved  u>  peruh  or  vindicate  our  rights;  Ibal  fortune  might  not  he  always  favorable 
to  the  enemy,  and'lhe  M|ieiieooe  of.thf  SiM  and  £3d  should  convinqa  tlicio  tbat.it  could 
« hani;e.'*  '  .  .    '  -    .  i     ,^     - 

Now,  sir,  if  these  facts  do  not  constitute  a  valid  title  in  Texas 
to  the  territory  as  far  as  tbe  Rio  Grande,  I  frankly  confess  that  I 
am  incapable  of  forming  a  conclusion  as  to  what  would  constitute 
such  a  title. 

Texas  solemnly  claimed  that  territoiy,  and  every  act  on  her  part 
is  perfectly  consistent  with  that  claim.  Mexico  has  disclaimed  it, 
except  as  a  part  of  Texas,  all  of  which  she  claimed,  and  all  her 
acts  have  been  perfectly  consistent  with  this  disavowal. 

The  title  then  having  been,  as  I  assert,  in  Texas  at  the  time  of 
the  annexation,  she  surrendered  to  this  government  the  right  to 
assert  and  maintain  her  claim,  as  she  could  not,  consistently  with 
the  constitution,  herself  muster  a  force  to  protect  her  soil  from  iho 
pollation  of  a  foreign  foe  and  her  citizens  from  outrage.  It  follows 
then  that  the  President  of  the  United  Slates  was  not  only  at  liber- 
ty, but  was  bound,  solemnly  bound,  by  the  constitution  and  laws, 
as  well  as  bis  oath  of  otlicc,  to  protect  the  citizens  of  Texas 
ngainst,  not  only  a  threatened,  but  an  actual  invasion  ;  for  General 
Taylor  fotuid  the  Mexican  troops  upon  the  territory  in  question,  on 
his  march  to  the  Rio  Grande.  Ho  would  have  been  highl.\  culpa- 
ble, and  justly  chargeable  with  all  the  cQnscquonccs,  had  he  failed 
to  do  so. 

It  may.  perhaps,  Mr.  President,  be  proper,  before  I  proceed 
further,  to  say  something  in  regard  to  the  claim  of  Tex^s  to  Santa 

A  Sen.itob. — Tes  let  ns  hetir  sottitething  about'that. 
^r.  RUSK. — This-,  sir,  is   the  more  necessary,  inasmuch  as  1 


»ee  by  the  newspapers,  that  an  attempt  is  now  being  made  to  es- 
tablish a  territorial  govcrriment  of  the  United  States  there,  irre- 
spective of  the  claim  of  Texas.  Santa  Fe,  sir,  is  east  of  the  Rio 
Grande,  and  is  included  within  the  limits  prescribed  for  Texas,  in 
the  treaty  with  "Santa  Anna.  It  is  included  in  onr  territory  by  a 
law  passed  by  the  Texan  Congress,  in  the  year  1836,  so  that,' at 
the  time  of  annexation,  Texas  and  Mexico  claimed  llie  territory. 
This  government  was  I'nily  apprized  of  this  claim,  as  the  resolu- 
tions  of  annexation  show.  The  United  States  consented  to  be- 
come the  judge  upon  the  question  of  boundary  between  Texas  and 
Mexico.  This  country  has  no  claim  except  that  growing  out  of 
annexation.  This  government  has  taken  possession,  and  it  would 
bo  a  new  principle,  that  the  judge,  to  whom  a  controversy  has 
been  submitted,  shall  seize  the  thing  which  is  the  subject  of  the 
dispute,  and  appropriate  it  to  his  own  use.  I  think  I  have  seen 
such  a  decision  in  a  newspaper,  but  I  believe  it  is  nowh6re  to  be 
found  in  the  books. 

Mr.  President,  we  are  so  constituted  by  nature,  that  when  a 
war  is  once  begun,  our  attention  is  so  much  absorbed  by  the  stir- 
ring scenes  that  attend  it,  and  the  consequences  which  spring  from 
ii,  I  hat  we  loose  sight,  in  a  great  degree,  of  the  causes  which  im- 
mediately preceded  and  led  to  the  result.  And,  sir,  the  truth  of 
this  proposition  is  peculiarly  illustrated  in  the  case  under  consid- 
eration. It  has  been  boldly  charged  on  the  one  side,  and  resolutely 
denied  on  the  other,  that  this  war  was  not  commenced  by  Mexico, 
but  by  the  President  of  the  United  States.  Let  us,  sir,  go  back 
for  a  moment,  to  the  circumstances  which  immediately  preceded 
its  commencement.  Every  act  of  the  President  showsj  I  think, 
most  conclusively,  that  he  Was  extremely  solicitous  to  avoid'S  col- 
lision with  Mexico. 

It  had  been  asserted,  repeatedly  asserted,  that  to  annex  Texas 
was  an  act  of  war,  or  would  inevitably  lc;id  to  a  war.  The  Presi- 
dent thought  otherwise,  and  did  evething  in  his  power  to  avoid 
such  a  result.  He  sent  a  minister  who  was  thought  to  be,  person- 
ally, more  acceptable  than  any  other,  to  negotiate  wiih  Mexico. 
Her  minister  had  left  Washington  in  high  dudgeon,  and  she  indi"- 
nantly  refused  to  receive  our  representative,  or  listen  to  terms,  de- 
claring in  the  face  of  a  truth  of  twelve  years' standing,  that  Texas 
was  her  province.  Her  government  denounced  that  of  the  United 
States  ;  declared  its  determination  to  go  to  war,  and  made  every 
preparation  to  do  so  ;  strengthened  her  array,  and  commenced  its 
concentration  upon  the  Rio  Grande.  Thus  matters  ftood  at  the 
beginning  of  the  year   1846. 

General  Taylor,  in  a  despatch  t<T  the  Secretarv  of  War,  dated 
at  Corpus  Christi,  on  the  4ih  of  Dctobcr,  184.T,  had,  very  properlv 
as  1  think,  recommended  a  luovement  to  the  Rio  Grande.  In  his 
communication,  the  general  says  : 

■  '  Sir,  1  trtg  leave  to  suggest  some  considerations  in  relation  lo  the  present  position 
of  our  force,  and  the  disposition  which  may  be<-omo  neeessarv  for  the  more  efTectual 
|iio:«cQtion  of  tlie  oltjflcls  for  which  itJias  been  coucenlrated." 

After  giving  at  full  length  the  reasons  for  the  recommendation 
which  he  was  about  to  make,  he  proceeds  to  say  : 

"  l**or  these  reasons,  our  iiosition  thus  far  has,  I  tliiiik,  been  the  best  possible;  bnt 
now  that  the  entire  force  will  soon  be  concentrated,  it  may  well  heaqueslioii  whether 
the  views  of  governnieni  will  be  best  carried  out  by  our  remaining  at  this  point  It 
is  Willi  cieat  deference  that  I  make  any  sng^stions  on  topics  whieli  may  become  mat- 
ters of  delicate  negoliations;  but  if  our  government,  in  seltliiig  the  question  of  bonn- 
daiy,  makes  the  line  of  the  Rio  ilrande  an  ultimatum,  I  caiiuot  doubt  that  the  settle- 
ment will  he  greatly  facilitated  and  hastened  by  our  taking  possession,  at  once  of  one 
or  two  points,  on  or  quite  near  tliat  nver.  our  strength  and  stateot*  preparaliotvsbouM 
he  dispUayed  in  a  manner  not  to  be  mistaken.  However  salularv  may  be  the  eftect 
produced  upon  the  bonier  people  by  onr  presence  here,  we  are  loo  lar  from  the  frontier 
to  impress  the  government  of  Mexico  with  our  readiness  In  viudicale  by  force  of  aims 
if  necessary,  onr  title  to  the  country  as  far  as  the  Rio  tlrande.  The  'armv  of  oceu  pa- 
lion'  will,  in  a  few  days,  be  concentrnted  at  this  point,  in  condition  for  vigorous  and 
rflVcti\'e  service.  Mexico,  as  yet,  having  maiie  no  positivedeelaralion  of  war,  or  com 
mitt-d  any  act  of  hostilities,  1  do  no:  feci  at  liberty,  under  my  inslruetions,  partJCti- 
lariy  those  of  July  the  1-th,  to  make  a  forward  movement  lo  the  Rio  Grande  without 
aulhorily  from  Uie  War  Department." 

The  President  very  properly  adopted  the  suggestion  of  General 
Taylor,  and  ordered  the  troops  to  the  Rio  Grande,  instructin''  that 
oflicer  to  avoid  everything  calculated  to  lead  to  a  collision?  On 
the  21st  of  March,  1846,  General  Taylor  was  met  at  the  Colorado 
by  the  Mexican  troops,  and  ordered  peremptorily  not  to  cross  that 
river.  Now,  sir,  to  which  party  is  that  principle  of  the  law  of  na- 
tions appUcable,  which  declares  that  for  cither  party  to  take  armed 
possession  of  a  territory  in  dispute,  is  an  act  of  war?  On  the  28th 
of  the  same  month,  two  of  General  Taylor's  dragoons  -were  taktsn 
prisoners,  and  a  bugler  boy  robbed  of  his  horse  by  the  Mexican 
troops.  On  the  day  above  named,  General  Meja  refused  to  receive 
a  communication  from  General  Taylor,  .ind  on  the  lOih  of  April 
Colonel  Cross  was  missing,  and  iii  a  few  days  his  bodv  was  found' 
shockingly  mutilated.     On  the  12th,  General  Ampndia  arrived  at 

Matamoras,  and  peremptorilyordered  General  Taylor  to  retire. 

Taylor  declined  to  do  so,  but  expressed  the  wish  of  his  government 
for  a  peaceable  adjustment  of  all  dillicullies.  On  Ihe'lSth  Lieu- 
tenant Porter,  with  a  small  party  of  our  troops  was  attacked, 
and  alter  being  disabled  by  a  wound,  was  butchered.  On  the  l.'5ih' 
General  Taylor  was  so  well  satisfied  of  the  hostile  intentions  of  the 
enemy,  that  he  blockaded  up  the  mouth  of  ihc  Rio  Grande,  in  or- 
der to  cut  oft'  supplies  that  were  expected  by  them.  On  the  24th, 
General  Ampudut  demanded  that  the  blockade  should  be  raised; 
the  Amercan  General  refused.  On  the  same  day,  General  Arista  - 
arrived  at  Matamoras,  and  on  the  26th,  Captain  Thornton,  in  ' 
command  of  forty-five  dragoons,  was  attacked  by  Torrejon,  with  a 
lorco  of  over  two  thousand,  and  two  sergeants  and  eight  privates 
were  killed.  Dn  the  2Sih,  Captain  Walker  was  attacked  by 
a  large  force  of  Mexicans.  On  the  1st  of  May,  an  unarmed 
family  of  sixteen  persons,  two  of  whom  were  females,  were  taken 


308 


THE  TEN  REGIMENT  BILL. 


[Thursday, 


prisoners  at  the  Colorado,  by  the  Mexicans,  tied  tocether  in  pairs, 
the  women  outraged,  and  their  throats  cut,  and  leit  to  rot  upon 
the  prairie.  Mr.  President,  Texas  snflercd  much  at  the  hands  of 
Mexico — prisoners  have  been  butchered  in  cold  blood,  confined  in 
Mexican  dunf;eons,  and  starved  ;  but,  sir,  we  had  to  submit  to  no 
such  outrULic  as  this  ;  and,  sir,  such  an  insult,  if  it  had  not  lic-en 
washed  out  with  blood,  and  had  been  left  unavenged  bv  ihe  Presi- 
dent of  these  United  States,  would  have  eansed  every  American 
heart  to  turn  from  him  with  loathing  and  disgust.  Who  is  there 
in  all  this  broad  land  that  would  have  cried  •' forbear,"  or  could 
have  expected  the  Executive  again  to  entreat  the  Mexicans  to  ne- 
gotiate?    Not  one,  sir  ;  no,  not  one. 

The  battles  of  the  8ih  and  9th  followed,  and  who  is  there  that, 
even  if  he  could  do  so,  would  be  willing  to  blot  these  and  the  bril- 
liant victories  which  have  followed  in  quick  succession,  from  the 
pages  of  our  country's  history  ?  The  President,  sir,  has  been 
blamed  for  alluding  to  the  injuries  and  insults  inflicied  upon  us  by 
Mexico.  If  there  be  any  blame  attaching  to  him,  I  think  it  is  for 
too  great  forbearance  in  this  matter.  Mexico  has,  sir,  for  the  last 
twenty  years,  robbed  yonr  fellow-citizens  of  their  property  and  im- 
prisoned their  ju'rsons,  in  violation  of  solemn  treaties.  She  has 
met  their  demands  upon  her  for  redress  with  insult  and  indifler- 
ence,  until  they  have  ceased  to  appeal  to  j-ou  for  redre>s.  In  Mex- 
ico, sir,  ever  since  she  has  had  a  government  of  her  own,  to  claim 
to  be  an  American  citizen,  was  sure  to  result  in  confiscation  of 
pr  >perty  anJ  iniprisonn*  it  of  person,  while  to  claim  to  be  an  En- 
glish or  a  French  subject,  was  to  unbar  thedoors  of  her  dungeons. 
How  di0erciit  in  this  respect  has  been  the  conduct  of  the  French 
govenmicnt  from  that  of  our  own.  When  redress  was  refused  for 
injuries  inflicied  upon  French  citizens,  the  government  of  France 
did  not  stop  to  parley  and  negotiate  ;  she  battered  down  the  walls 
of  the  ensile  of  San  Juan  d'Ulloa,  and  the  proud  Castilian  blood, 
about  which  we  have  heard  so  much,  instantly  yielded  to  the  de- 
mands of  justice. 

It  is,  sir,  a  beautiful  feature  in  the  policy  of  the  British  govern- 
ment, that  she  never  fails  to  redress  the  grievances  of  Ihe  lowliest 
as  well  as  Ihe  proudest  of  her  subjects,  and  hence  arises  that  deep 
seated,  enthusiaslic  attachment  which  a  British  subject  always 
feels  to  the  institutions  of  his  country.  He  may  perish,  sir,  in  a 
far  distant  land,  beneath  the  scourge  of  tho  oppressor,  but  his  dy- 
ing moments  are  cheered  by  the  assurance  that  his  government 
will  exact  ample  redress  for  the  wrongs  inflicted  npon  lum,  and  his 
last  aspiration  on  earth  will  be  lor  his  country. 

I  hope  the  day  will  come  when  an  American  citizen  will  look 
with  a  similar  eonfidt,-nee  to  his  government  ;  but,  sir,  it  pains  me 
to  say  it,  hiiherto  it  has  been  far  otherwi.se. 

I  might  allude  to  the  raanv  instances  of  oppression  practised 
on  American  citizens  by  American  officers,  but,  sir,  it  woulk  take 
volumes  to  record  them  all,  and  I  feel  safe  in  hazarding  the  asser- 
tion, that  no  single  year  has  passed  within  the  last  twenty  during 
which  the  dungi-ons  of  Mexico  have  not  contained  American  citi- 
zens, incarcerated  without  fault  or  crime  justly  imputable  to  them. 
This,  sir,  is  but  a  feible  sketch  of  the  course  of  the  go\ormnei.t  of 
Mexico,  in  behalf  of  whom  so  much  sympathy  is  invoked  from  the 
people  of  the  United  Stales. 

But.  Mr.  President,  we  are  in  the  midst  of  a  war.  That  it  ex- 
ists, is  a  matter  of  regret  to  all,  and  the  sooner  it  can  be  brought 
to  a  close  the  better.  It  is  my  opinion,  that  if  the  President  had 
been  properly  sustained,  it  would  have  been  terminated  long  since. 
1  belje've  that  our  own  differences  of  opinion  have  had  ihc  effect  of 
prolonging  this  war  ;  but  you  will  allow  me,  JVIr.  President,  here 
to  say.  at  the  same  time,  I  believe  that  those  who  coniend  that  it 
was  unconslilutionaily  and  improperly  begun,  are  as  sincere  and  as 
patrioiic  as  I  claim  to  he  myself,  in  holding  the  opposite  opinion. 
It  is,  sir,  an  honest  difference  of  opinion  concerning  momentous 
quesi  ions, upon  which  a  final  judgment  has  not  yet  been  pronounced. 
But,  sir,  tho  Mexicans  are  a  peculiar  people  ;  ihey  cannot  appre- 
ciate the  American  character,  nor  can  they  realize  ihe  beautiful 
sentiment  uttered  by  the  honorable  Senator  from  Kentucky,  [.Mr. 
Crittenden,]  as  true  as  it  was  beautiful,  and  expressed  in  a 
style  so  peculiarly  his  own,  when  he  said,  ''in  making  the  law  we 
have  many  voices — in  its  execution  but  one  arm."  The  truth  of 
this  position,  sir,  has  been  most  triumphantly  proved  upon  ihe  hard 
fought  fields,  where  both  whigs  and  democrats  have  nobly  borne 
the  standard  of  their  country  victoriously  onward  to  the  centre  of 
Mexico.  But,  sir.  it  is  an  old  adage  that  drowning  men  will 
catch  at  straws.  The  Mexicans  know  that  many  ol  the  most  pro- 
minent men  in  our  country  believe  tho  war  to  have  been  improper- 
ly begun,  and  that  our  army  ought  to  be  withdrawn  from  their 
country  ;  and,  knowing  them  as  ii  do,  I  am  not  astonished  at  the 
unfortunate  hopes  they  entertain,  growinir  out  of  our  politicat  dif- 
ferences of  opinion.  They  know  that  part}'  changes  have  taken 
place,  that  we  are  npon  the  eve  of  important  elections,  and  they 
hope  at  least,  if  they  do  not  believe,  that  something  may  transpire 
favorablo  for  them.  If  the  President,  sir,  could  have  felt  at  the  be- 
ginning that  he  was  fully  sustained,  I  am  of  opinion  tho  war  would 
now  have  been  at  an  end. 

But,  Mr.  President,  the  question  at  present  is,  how  we  are  to 
terminate  this  most  advantageously?  Three  plans  have  been  sug- 
gested : 

1st.  To  withdraw  our  troops  from  Mexico  altogether. 

2d.    To  take  adefcnsive  line,  and  concentrate  our  troops  upon  it. 

3d.  To  prosecute  the  war  with  vigor,  until  Mexico  shall  become 
convinced  of  the  necessity  of  tendering  to  us  justice,  and  shall  do 
so. 

To  the  first  proposition,  Mr.  Prcnident,  I  cannot  agree.     Aside 


from  the  disgrace  which,  as  I  tbink,  we  should  incur  by  pursuing 
a  course  which  would  be  a  tacit  acknowledgment  before  the  whole 
civilized  world  that  the  war  had  been  improperly  begun,  such  a 
policy  would  be  one  of  the  greatest  misfortunes  that  could  occur  to 
tho  United  States.  That  it  would  be  one  of  the  worst  thincs  that 
could  happen  for  Mexico  is  beyond  all  question.  If  we  were  to 
withdraw  our  troops  now,  it  would  be  to  admit  the  truth  of  the 
charge  which  has  been  made,  that  the  war  was  commenced  for  the 
purpose  of  land  robbery.  But,  apart  Irom  all  this,  it  would  be  a 
misfortune  to  the  people  of  the  United  Stales,  and  a  very  great 
misfortune  to  the  people  of  Mexico  themselves.  I  may,  perhaps, 
be  told  that  my  fears  are  idle,  but  I  think  otherwise.  In  such  an 
event,  what  would  be  the  inevitable  result?  It  would  be  that 
Mexico,  in  her  present  exhausted  condition,  would  immediately, 
in  reality,  if  not  in  name,  fall  'nto  the  possession  of  some  Europe- 
an power.  Senators  may  suppose  that  this  apprehension  is  a 
mere  creature  of  the  imagination,  but  I  happen  to  know,  that  for 
the  last  ten  or  twelve  years,  Mexico  has  been  practically  under 
the  control,  directly  or  indirectly,  of  the  British  government.  It 
is  to  this  source  that  we  must  trace  the  prejudices  which  have  ex- 
isted against  the  North  Americans.  It  is  through  the  instrumen- 
tality of  the  military  party  of  the  country,  led  on  by  its  chiefs,  un- 
der the  direction  of  British  influences,  that  you  have  been  exclu- 
ded from  their  markets,  and  that  your  citizens  have  been  impris- 
oned, and  their  property  confiscated.  This  is  the  true  but  secret 
reason  why  your  trade  with  Mexico,  which  was  formerly  so  flour- 
i.'^hing,  amounting  to  not  less  than  eleven  or  twelve  a  millions  of 
dollars  annually,  has  been  reduced  to  perhaps  less  than  million  of 
dollars.  The  British  agents,  sir,  are  always  at  work  ;  they  are 
never  idle  ;  nor  are  they  so  at  this  time.  I  am  indebted  to  the 
gallant  Lieut.  Ccd.  Fremont  lor  some  information  acquired  by  him 
while  acting  as  Governor  of  California,  which  has  an  important 
bearing  upon  this  branch  of  my  subject,  and  which  will  throw  a 
great  deal  of  light  upon  what  is  at  present  going  on  in  Mexico. 
There  has  been  in  progress  in  California,  ever  since  the  commence- 
ment of  this  war,  a  three-fold  operation,  having  its  origin  in  the 
city  ol  Mexico,  and  conducted  by  official  or  unofficial  agents  of  the 
British  government.  In  the  first  place,  there  have  been  transfers 
of  land,  not  only  from  individuals,  bnl  from  churches,  through 
which  a  transfer  of  the  sovereignty  of  the  country  has  been  at- 
tempted. A  junta,  as  it  is  called,  or  convention,  had  been  sanc- 
tioned by  the  governor  of  the  province,  to  be  called  to  deliberate 
on  the  propriety  of  declaring  the  inhabitants  independent  of  Mex- 
ico, and  seeking  the  protection  of  the  British  government.  More 
than  this.  In  the  city  of  Mexico  itself,  a  stupendous  scheme  had 
been  devised  by  a  Roman  Catholic  jiritst,  named  Macnamara, 
who,  having  obtained  the  sanction  of  the  Mexican  government, 
was  sent  down  to  procure  a  grant  of  three  thousand  square  leagues 
of  land  in  that  province.  The  ecclesiastic  was  transported  to  Mon- 
terey in  a  British  national  ship,  and  the  grant  was  immediately  sanc- 
tioned by  the  government  of  California. 

Bui,  sir.  I  will  not  anticipate  the  account  which  will  be  laid  be- 
fore the  country,  at  the  proper  time,  placing  this  transaction  in  its 
true  light.  It  is  sufficient  to  say,  that  had  it  not  been  for  timely 
and  energetic  action,  California  would  have  belonged,  at  this  mo- 
ment, to  subjecis  of  Great  Britain,  and  the  British  flag  would 
have  been  flying  onfall  her  forts.  Senators  will  find  these  facts 
established  beyimd  all  doubt,  in  the  course  of  a  very  few  days.  I 
will  not  lake  the  trouble  to  read  any  part  of  this  grant,  but  I  will 
append  the  precious  document  to  the  lemarks  which  I  now  offer, 
in  order  that  the  country  may  be  advised  of  what  is  going  on  in 
Mexico. 

These  things  are  and  bave  been  in  progress  in  Mexico  ever  since 
the  commencement  of  our  present  difficulties,  and  there  can  be  no 
question  that  the  BJitish  government  would  sanction  and  favor  the 
taking  possession  of  that  whole  country  by  her  subjects.  When 
were  the  possession  and  sovereignty  of  a  country  ever  offered  to 
and  refused  by  that  government  ?  I  would  not  like  to  see  Mexico 
in  that  condition. 

There  are  various  other  reasons  which  induce  me  to  believe  that 
something  of  ihis  kind  is  in  contemplation.  I  know  something  of 
Mexico,  and  I  feel  assured  that  our  army  has  already  captured 
more  small  arms  in  that  country  than  were  in  it  at  the  commence- 
ment of  the  war.  The  vessels  of  foreign  nations  are  constantly 
hovering  off  the  coast,  and  the  observations  of  fifteen  years  have 
taught  me  to  anticipate  the  effect  of  the  immediate  withdrawal  of 
our  army  from  that  country.  It  is  known  that  Parades,  the  avowed 
advocate  of  monarchical  institution,  is  now  in  Mexico,-attempting 
to  place  some  European  prince  upon  the  throne,  or  assume  the 
kingly  power  himself.  Should  Santa  Anna  again  get  into  power, 
the  establishment  of  a  monarchy  will,  in  all  probability,  be  there- 
suit.  He  has  no  sympathies  with  the  peojile,  none  whatever  ;  and 
revengeful  and  ambitious  as  he  is,  he  would  not  hesitate  to  make 
himself  a  king.  Ho  has  not  forgotten,  that  when  he  was  deprived 
of  power,  tho  populace  took  from  its  resting  place  the  limb  he  had 
lost  in  their  service,  and  treated  it  with  the  utmost  indignity.  If 
he  cannot  enslave  the  people  by  his  own  power,  be  will  readilyjoin 
in  any  project  which  may  effect  that  object.  Such  is  the  temper  of 
the  Mexican  people,  Mr.  President,  that  I  (eel  convinced  they  will 
either  estallish  a  monarchy,  with  a  native  sovereign,  or  ulace 
themselves  under  tho  dominion  of  some  European  power. 

But,  if  there  were  no  such  thing  as  the  establishment  of  a  mo- 
narchy to  be  apprehended,  are  we  willing,  I  would  ask.  to  abandon 
the  prosecution  of  this  war  under  the  circumstances  which  have 
attended  it.  When  wo  have  proceeded  thus  far  without  haying 
been  in  error  at  the  commencement  or  durinj;  tho  progress  ol  th« 


FKBRtTARY    17.] 


THE  TEN  REGIMENT  BILL. 


309 


war — asking  nothing  but  an  honorable  peace  with  a  reasonable  in- 
demnity, which  our  enemies  have  refused  to  grant  on  all  occasions, 
or  even  to  talk  about,  are  we  now  to  withdraw  our  troops  without 
effecting  our  object?  General  Taylor  offered  them  peace — Gen- 
eral Scolt  has  offered  it,  and  the  President  has  offered  it  over  and 
over  again,  under  cirrumslances  wliiuh  have  almost  made  them 
objects  of  ridicule  with  the  country.  And  yet  we  are  told  that 
the  poor,  confiding,  magnanimous  Mexican  nation  are  suffering 
at  our  bands,  and  we  ought  to  withdraw  our  iroops.  What  will 
the  world  say  in  such  an  event?  They  may  say  we  are  a  magnan- 
imou.'  people,  but  must  think  we  have  very  lilile  judgment.  We 
want  peace  and  Mexico  has  utterly  refused  lo  make  it,  and  I  am 
unwiUmg  to  make  a  retrograde  movement,  until  she  is  brought  to 
her  senseS)  and  offers  assurance  of  good  behavior  in  future. 

It  has  been  proposed  that  we  shall  adopt  a  defensive  line.  In 
my  opinion,  sir.  the  adoption  of  such  a  line  will  extend  the  dura- 
lion  of  the  war  to  an  indefinite  time.  If  we  were  to  fall  back  and 
assume  a  line  which  should  include  what  we  are  willijig  to  accept 
as  an  indemnity  lor  the  losses  and  injuries  sustained  by  us,  and 
garrison  it,  what  would  be  the  consequence?  Being  relieved  from 
the  presence  of  our  army,  Mexico  will  acquire  the  means  of  opera- 
ting against  us.  She  will  get  the  mines  and  revenues  of  the  coun- 
try, and  will  invoke  foreign  aid,  and  thus  the  war  will  become  in- 
terminahle,  and  may  eventuate  by  bringing  us  mto  conflict  with 
some  foreign  and  transatlantic  power. 

My  opinion,  then,  Mr.  President,  is,  that  we  should  prosecula 
this  war  with  vigor,  and  that  the  necessary  consequences  of  such 
vigorous  prosecution  will  be,  to  show  the  Mexicans  that  we  are 
resolved  to  bring  them  to  reason.  They  should  be  made  lo  under- 
stand tbat  they  have  nothing  to  expect  from  our  divisions  at  home, 
the  nature  and  extent  of  which  they  do  not  know  and  cannot  pro- 
perly appreciate.  1!  they  see  forty  or  filty  thousand  men  about 
to  seize  and  occupy  permanently  their  large  cities  and  mining  dis- 
tricts, tliey  would  soon  be  convinced,  notwithstanding  the  ap{)roach 
of  our  Presidential  election,  that  iheir  only  means  of  escape  is  the 
adoption  of  a  treaty  of  peace  which  shall  be  satisfactory  to  this 
country.  They  do  not  know  that  any  differences  of  political  opin- 
ion which  may  exist  among  us,  do  nor  weaken  the  arm  of  any  man 
who  seiTes  his  countiy.  But  it  is  said  that  Mexico  is  in  our  hands, 
that  we  have  her  already  at  our  feet,  that  it  is  ungenerous  to  press 
her  further,  and  tbat  we  have  alrtady  men  enough  in  that  country. 
All  this  may  be  true.  Allusion  has  been  made  to  the  battle  of 
buena  Visla.  We  have  been  told  that  we  had  men  enough  there 
To  oveieorae  the  enemy,  and  gain  a  victory  that  has  few  parallels, 
if  any,  and  that  this  was  effected  with  a  force  of  about  six  thou- 
sand men  opposed  to  twenty  thousand.  This  is  all  true,  and  if 
there  had  been  but  six  hundred  of  our  men  there,  General  Taylor 
would  not  have  retreated.  He  and  his  gallant  followers  would 
have  maintained  their  position;  they  might  have  been  slain  where 
they  stood,  but  would  never  have  been  beaten  by  the  Mexicans. 
It  will  be  admitted  that  if  instead  six  of  thousand,  we  had  had 
twenty  thousand  men  on  the  field,  Santa  Anna  would  never  have 
escaped  with  the  bulk  of  his  army  and  his  munitions  of  war.  Had 
such  been  the  case,  I  would  ask,  would  the  gallant,  the  chivalrous 
Clay,  when  lying  mangled  and  bleeding  on  the  battle-field,  and 
unable  to  defend  himself,  have  been  pinned  to  the  earth  by  the 
lances  of  a  brutal  and  dastardly  soldiery.  No,  sir,  and  it  is  ray 
belief,  that  the  greater  the  energy  with  which  we  prosecute  this 
war,  and  th»  more  commanding  the  force  we  place  in  the  field,  the 
less  v.'ill  be  the  sacrifice  of  human  life,  and  the  sooner  will  we 
bring  the  enemy  to  terms. 

I  know,  Mr.  President,  that  great  fears  are  entertained  of  the 
consequences  likely  to  ensue  from  the  taking  of  all  Mexico,  or  any 
conkiderable  portion  of  it.  I  confess  that  I  entertain  no  such  fears, 
but  at  the  same  time  I  would  not  insist  upon  any  more  of  Mexico 
than  may  be  necessary  to  afford  us  indemnity  for  losses,  and,  at 
the  same  time,  furnish  a  well-founded  assurance  that  she  will 
maintain  a  government,  fre«  in  itself,  and  not  liable  to  the  inter- 
ference or  control  of  any  foreign  government  or  their  agents.  I 
would  be  content  with  a  fair  indemnit}-,  but  would  run  the  risk  of 
the  consequences  of  taking  the  whole  country,  rather  than  to  see 
the  people  exposed  to  the  oppressions  of  the  military  power. 

It  is  said,  .Mr.  President,  that  it  would  bo  robbery  to  take  away 
their  country  from  the  Mexicans.  On  this  point,  I  would  ask 
whether  the  principles  of  our  government  do  not  guaranty  to  all  of 


our  citizens  the  full  enjoyment  of  life,  liberty,  and  property?  If  so, 
weuld  not  the  extension  of  our  government  throughout  Mexico, 
give  perfect  security  to  the  inhabitants,  who  would,°in  that  event, 
be  entitled  to  the  protection  of  our  laws?  Could  this  be  called 
robbery,  or  would  the  right  of  property  be  divested?  Huw  would 
the  rights  of  individuals  be,  in  any  degree,  interfered  with,  by  rea- 
son of  our  occupal  ion  of  the  country,  or  what  sort  of  robbery  would 
it  cause?  It  would  be  nothing  more  nor  less  than  this,  Mr.  Presi- 
dent. It  would  take  from  the  tyrannical  military  chiefs  the  power 
of  oppressing  the  people.  It  would  deprive  foreigners  of  their 
power  and  privilege  to  make  use  of  the  government  for  their  own 
purposes,  in  efl'eciing  their  own  aggrandizement  and  enrichin" 
themselves.  It  would  afford  the  country  an  opportunity  to  develop 
its  mighty  resources,  and  prevent  them  from  being  monopolized  bv 
a  few  foreign  capitalists,  whose  interests  are  in  conflict  with  those 
of  the  United  States.  There  is  one  thing,  however,  sir,  that  I 
would  not  be  willing  to  do.  I  would  not  be  willing  to  vote  for  a 
treaty  of  peace  that  would  not  secure  to  us  the  territory  as  far  as 
the  Sierra  Madre,  including  the  Californias.  This  is  what  we 
should  have,  under  all  the  circumstances,  to  place  us  in  position 
to  watch  the  political  movemenis  that  may  hereafter  transpire;  for 
if  we  leave  Mexico  in  the  possession  of  the  priests  or  the  military 
power,  she  will  become  an  instrument  in  the  hands  of  some  other 
government,  with  which  to  annoy  and  interfere  with  ns 

Such  an  arrangement  would  be  to  the  advantage  of  Mexico  her- 
self, if  she  be  disposed  to  establish  a  free  and  stable  government. 
The  truth  is,  sir,  that  the  citv  of  Mexico  controls  the  whole  of  the 
Mexican  republic.  It  always  has  done  so,  even  when  there  e.xisted 
the  form  of  a  constitution,  and  the  pretence  of  State  sovereignties. 
It  is  the  heart  of  Mexico,  and  is  to  her  what  Pans  is  to  France. 

The  government  then  being  m  the  city  of  Mexico,  it  cannot  ef- 
iectually  control  the  more  distant  provinces,  and,  consequently, 
the  poisession  of  them  by  the  United  States,  to  which  they  are  con- 
tiguous, would  be  a  real  advantage  to  the  Mexicans.  While  this 
benefit  would  enure  to  Mexico,  the  good  resulting  to  the  United 
States  from  the  extension  of  our  commerce,  would  be  incalculable. 
Nor  IS  this  all.  The  Mexicans  who  occupy  the  territories,  to 
which  I  have  reference,  have  never  been  adequately  protected  by 
their  government,  which,  in  its  present  exhausted  condition,  would 
be  less  able  than  ever  to  afford  them  security.  To  these  people 
the  advantages  would  be  immense,  growing  out  of  the  protection 
they  would  enjoy  against  Indian  outrage.  The  roving  bands  of 
Camanches  and  other  savages,  are  committing  depredations  upon 
them  constantly,  and  at  this  moment  there  are  thousands  of  their 
women  and  children  belonging  to  the  most  respectable  families, 
who  are  held  in  the  most  hopeless  captivity  by  those  Indians, 
against  whom  iliey  cannot  protect  themselves.  There  is  not  a 
month,  or  scarcely  a  week  that  passes,  which  does  not  witness  out- 
rages of  this  sort.  Then,  sir,  instead  of  being  an  injury  to  these 
people,  it  would  be  to  do  them  the  greatest  service  possible,  to  take 
them  under  our  protection.  While  this  territory  is,  comparatively. 
of  little  value  to  Mexico,  to  us  it  is  of  great  importance,  and  to 
make  ourselves  masters  of  it,  would  be  only  to  acquire  what  is 
justly  due,  in  consideration  of  the  debt  whicli  Mexico  owes  to  us, 
and  which  she  is  unable  to  pay  in  any  other  way.  Our  claims 
against  Mexico  are  of  no  ordinary  kind.  What  she  owes  us  is  due, 
not  to  the  government,  but  to  our  citizens.  They  did  not  volun- 
tarily part  with  their  property,  in  order  to  create  this  indebtedness; 
but  Mexico,  with  violence  and  a  shameless  disregard  of  all  principle 
robbed  tncin  of  what  belonged  to  them.  Most  of  the  claimants 
have  been  for  years,  and  are  at  present,  ground  down  lo  the  earth 
by  poverty,  brought  upon  them  by  the  forcible  taking  of  their  sub- 
stance by  the  authorities  of  Mexico. 

I  do  not  propose  to  pursue  this  discussion  further  at  this  time; 
but  before  I  take  ray  seat,  Mr.  President.  I  will  venture  the  asser- 
tion, that,  if  partisan  political  motives  be  suffered  to  enter  into  and 
mingle  themselves  with  the  management  of  the  present  war — if 
protracted  debate  he  allowed  to  postpone  the  prompt  and  energetic 
action  necessary  to  bring  it  to  a  successful  and  honorable  termina- 
tion— and  if  it  bo  continued  for  twelve  months  longer.  Senators 
will  find  it  impossible  lo  get  rid  of  it,  until  we  shall  make  up  our 
minds  to  annex  the  whole  of  Mexico. 

Mr.  GREENE  took  the  floor,  and  on  his  motion, 

The  Senate  adjourned. 


310 


PETITIONS— THE  WIDOW  OF  COL.  McREA. 


[Friday, 


FRIDAY,  FEBRUARY  18,  1848 


PETITIONS. 

Mr.  ATCHISON  presented  a  petition  of  citizens  of  the  United 
States  residing  in  the  Wyandott  nation,  in  the  Indian  territory, 
praying  a  redirction  of  the  rates  of  posta>;e  on  newspapers;  which 
was  referred  to  the  Committee  on  the  Post  Otiiee  and  Post 
Roads. 

Also,  a  document  relatins;  to  the  claim  of  Joseph  Barclay,  a 
soldier  in  the  hi.-it  war  with  Great  Britain,  to  an  allowance  ol 
bounty  land  ;  which  was  referred  to  the  Committee  on  Pensions. 

Mr.  MANGUM  presented  the  petition  of  William  Davis  and 
others,  praying  that  the  right  to  purchase  the  timber  on  certain 
public 'lands  iifAlahama,  may  be  granted  to  them;  which  was  re- 
ferred to  the  Committee  on  Public  Lands. 

Mr.  BREESE  presented  two  petitions  of  citizens  of  Illinois, 
praying  the  establishment  of  a  mail  route  from  Waterloo  to 
Sparta^  in  that  State  ;  which  were  re'erred  to  the  Committee  on 
the  Post  Office  and  Post  Roads. 

On  motion  by  Mr.  BAGBY,  it  was 
Ordered,  Thai  the  petition  of  Caroline  E.  Clitherall,  widow  of 
George  C.  Clitherall,  on  the  files  of  the  Senate,  be  referred  to  the 
Committee  on  Military  Affairs. 

On  motion  by  Mr.  ASHLEY,  it  was 

Ordered.  That  Seott,  White  and  Company  have  leave  to  with- 
draw their  petition  and  papers. 

POST    ROUTE. 

Mr.  BREESE  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  : 

Kf-nlMd.  Th.it  Ihe  CimiiMilrf  on  ihe  Fu-t  Olli.e  nnd  Vo.i  Royl..  ht  ii,5lruct.-.l 
in  inquiri.  i.ilothe  e.<|,-lie.u-y  ot  fslablishms  a  post  tooie  fioin  Waterloo,  by  Red 
Bnd  and  Fayeltville,  to  Sparta,  in  Iho  State  ot  lUiuois. 

CONTRIBUTIONS    IN    MEXICO. 

Mr.  BALDWIN  submitted  the  following  resolutions  for  consid- 
eration, which  were  ordered  to  be  printed  : 

Resolncd.  Tliatlhe  amount  collecled  by  the  army  of  the  Cnlle.l  Slates  in  Mexico, 
fiomtlie  r»»«nueiortlia:re|iublic,  and  from  the  contribulion^  levied  on  the  people 
Ihereof  by  or.lcrof  the  rrrsidenlof  the  United  States  for  Ihe  sn|i|.ott  ol  the  army, 
ought  to  be  applied  to  the  payment  ;)ro  i-o.ra  of  the  awards  in  favor  ol  ulainianls  under 
theconweution  helween  the  Taited  Slates  and  iheMesie»n  rejniblie.  ol  the  11th  id 
April  'Mil.  for  which  the  j>roceeds  of  the  direct  taxes  of  tlie  Mexican  rcpublie  were 
KOlemnly  nled(;ed  bv  the  convention  of  ihe  SUth  of  .Tanuary,  WJ'J. 
■  Rcsoli'cd  That  it  pertain!  eseliisivelv  to  t'on^ress  to  raise  and  support  armies  by 
appnjpiialions  of  nion.-v  to  thai  use  foraliiniled  lerm.  and  that  no  power  is  eonler 
red  bytheeoo>litnuon  on  the  I're.-ldenl  lo  apply  any  moiiiei  eMllect.;d  under  loe  an 
lliority  of  the  United  Stales,  lo  the  suppoit  of  the  army,  wilhoul  a  specinc  appio- 
prialion  therefor. 

ResiJced,  That  the  I'cesident  be  re<|ne«ted  lo  commnnioate  to  tlie  benate  a  panic- 
ular  account  of  all  monies  .-..Uected  from  the  revenues  of  Mesieo.  or  Irom  mililaiy 
contributions  levied  by  his  anlhorily,  and  of  the  manner  in  wliicli  the  sama  ha»  been 
disposed  of,  or  apjdied. 

ADVERSE    REPORTS. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
were  referred  the  memorials  of  Susan  C.  Randall  and  of  C.  Chaun- 
cey  and  others,  submitted  an  adverse  report  ;  which  was  ordered 
to  be  printed. 

Mr.  WESTCOTT,  from  the  Committee  on  the  Judiciary,  to 
whom  was  recommitted  the  petition  of  J.  Bigelow,  administrator 
of  Francis  Cazeau,  deceased  ;  and  also  the  report  (and  bill  accom- 
panying the  same)  made  in  said  case  by  same  committee,  .submit- 
ted an  adverse  report ;  which  was  ordered  to  bo  printed. 

Mr.  TURNEY,  from  the  Committee  on  Patents  and  the  Patent 
Office,  to  whom  was  referred  the  petition  of  Aaron  Carman,  sub- 
mitted an  adverse  report ;  which  was  ordered  to  be  printed. 

CHANGE    OF    HErtlENCE. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered,  That  the  Conmiittee  on  Pensions  be  discharged  from 
the  further  consideration  of  the  petition  of  Mary  Cassiii  ;  and  that 
it  be  referred  to  the  Committee  on  Naval  Afl'airs. 


UNITED    STATES    COURTS    IN    MICHIGAN. 

Mr.  ASHLEY,  Irom  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  bill  concerning  the  courts  of  the  United  States  in 
and  for  the  district  of  Michigan,  reported  it  without  amendment. 

The  Senate  proceeded  lo  consider  said  hill,  as  in  Committee  of 
the  Whole,  and  no  amendment  being  made,  it  was  reported  to  the 
Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Rtsolved,  That  it  pasj.  and  lliat  the  title  Ihereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

HOUSE    BILLS    REPORTED. 

Mr.  WESTCOTT,  from  the  Committee  of  Claims,  lo  whom 
were  referred  the  following  bills  from  the  House  of  Representa- 
tives, reported  them  without  amendment. 

An  act  for  the  relief  of  the  legal  lieirs  of  John  Snyder,  deceased. 

An  act  for  the  relief  of  S.  Morris  Wa'u. 

An  act  for  the  relief  of  the  legal  representatives  of  .lames  Brown,  deaeaied. 

Mr.  BALDWIN,  from  the  same  committee,  to  whom  was  re- 
ferred the  bill  from  the  House  of  Representatives  for  the  relief  of 
Phineas  Capen,  legal  administrator  of  John  Coi,  deceased,  of 
Boston,  reported  it  without  amendment. 

MESSAGE    FROM    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repio- 
senlati%'es,  by  Mr.  Campbell,  their  Clerk  : 

Mr.  President:  The  House  of  Representatives  have  pasrel  a  bill  entitled  "An  act 
to  authorize  a  loan  not  to  exceed  the  sum  of  sijrtean  milhonsofdollai*,"  in  which 
they  iC'jnest  the  concurrence  of  the  Senate. 

THl    LOAN  BILL. 

The  bill  from  the  House  of  Representatives  to  authorize  a  loan 
not  to  exceed  ihe  sum  of  sixteen  millions  of  dollars,  was  read  the 
first  ,and  second  times  by  unanimous  consent,  and  referred  to  the 
Committee  on  Finance. 

COMPENSATION  OF  POSTMASTERS. 

On  motion  by  Mr.  NILES,  the  prior  orders  were  suspended, 
and  the  bill  in  araendiiient  of  an  act  entitled  "An  act  to  amend  the 
act  entitled  'An  act  to  reduce  the  rates  of  postage,  to  limit  the 
use  and  correct  tiie  abuse  of  the  franking  privilege,  and  for  the 
picvcniion  of  fraud  rm  the  revenues  of  the  Post  Office  Depart- 
ment,' "  passed  the  .3d  of  March,  1845.  was  read  the  second  time 
and  considered  as  in  Committee  of  the  Whole  ;  and  no  amendintnt 
being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  he  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Resolced,  That  it  pass,  and  that  the  title  thereof  he  ai  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

WIDOW  OF  COLONEL  MCRF.A  . 

On  motion  by  Mr.  HANNEGAN,  the  prior  orders  were  sus- 
pended, and  the  Senate  resumed  the  consideration,  as  in  Commit- 
tee of  the  Whole,  of  the  bill  for  the  relief  of  Mary  McRea,  widow 
of  Lieutenant  Colonel  William  McRea,  late  of  the  United  States 
army,  deceased. 

Mr.  HANNEGAN  moved  to  amend  the  bill  by  striking  out  the 
words  "during  her  natural  life,"  and  inserting  in  lieu  thereof  "for 
the  ensuing  five  years  from  and  after  the  passage  of  this  act." 

Mr.  SEVIER  suggested  the  propriety  of  allowing  the  bill  to 
stand  as  it  had  been  reported.  The  widow  of  Col.  McRea  was 
very  old  and  infirm,  and  it  was  not  likely  that  she  woultHive  much 
longer.  Their  experience  had  shown  that  the  limitation  of  these 
relief  bills  to  a  period  of  five  years  was  not  eficciivo,  a  renewal 
always   being   sought.     In  order  to  save  Icgitijation  he  made  the 


DISCHARGEP. 

On  motion  bv  Mr.  ATCHISON,  it  was 


Ordered,  That  the  Committee  on  Indian  Affairs  be  discharged 
from  the  further  consideration  of  the  memorial  of  the  Board  of 
die  American  Indian  Mission  Association. 


Mr.  HANNEGAN  said  that  he  should  most  cheerfully  acquiesce 
m  the  suggestion  were  it  not  for  a  letter  which  he  had  received 
from  thf  old  lady  himself,  with  whom  he  had  no  previous  acquaint- 
ance, and  had  iiovor  seen.  She  was  more  than  seventy  years  of 
age  and  was  borne  down  by  many  infirmities.     In  that  letter  the 


February   18. j 


THE  TEN  REGIMENT  BILL. 


311 


old  lady  expressed  her  desire  that  the  limitation  of  five  years  should 
be  made  in  order  to  facilitate  the  passage  of  the  bill,  at  the  same 
time  that  she  implored  speedy  action.  The  claim  was  a  highly 
meritorious  one,  and  the  relief  proposed  to  be  extended  was  in 
consideration  of  services  as  deserving  as  any  ever  rendered  by  any 
gallant  soldier. 

Mr.  BENTON  then  rose,  but  yielded  to 

Mr.  NILES,  who  said  he  not  did  rise  exactly  to  oppose  the  bill, 
but  he  begged  leave  to  call  attention  to  the  course  of  legislation 
on  this  subject,  in  order  that  they  might'see  whither  it  is  tending, 
and  where  it  is  to  end.  For  a  length  of  time  a  law  providing  lor 
the  widows  and  minor  children  of  ofTieers  and  soldiers  of  the  mili- 
tia dying  from  wounds  in  that  service,  had  been  in  e.Nistence.  As  he 
thought,  with  good  reason,  a  distinction  bad  been  made  in  favor 
of  the  militia.  A  lew  days  since,  after  a  very  little  consideration, 
a  bill  had  passed  the  Senate  extending  the  law,  to  which  he  had 
just  alluded,  to  the  regular  army  of  the  United  States.  In  the 
form  in  which  it  was  presented,  that  bill  would  have  gone  back 
to  1818,  but  he  had  discovered  that,  and  procured  an  amendment, 
which  confined  iis  operation  to  the  regular  army  from  the  first  of 
March,  1846,  to  the  end  of  the  present  war.  No  doubt  the  case 
now  before  the  Sonaie  was  highly  meritorious  ;  yet,  as  it  went  on 
the  princijde  that  the  widow  of  an  officer  who  had  been  engaged 
in  the  service  of  his  country  in  war  was  entitled  to  this  extension 
of  a  pension,  it  was  easy  to  see  that  if  passed,  it  would  n()t  be 
easy  to  resist  the  applicatiim  of  this  principle  tu  all  cases  of  wid- 
ows of  officers  or  soldier.'>  engaged  in  the  last  war  with  Great  Bri- 
tain. He  wished,  then,  the  attention  of  the  Senate  to  be  directed 
to  the  efl'eet,  length,  and  breadth  of  the  principle  in  which  it  was 
now  proposed  to  act. 

Mr.  BENTON  said  he  yielded  the  floor  to  his  friend  from  Con. 
necticut,  in  the  full  expectation  that  he  would  support  the  bill, 
because  he  so  generally  concurred  in  favor  of  what  was  right. 
This  case  of  Mrs.  McRae  had  been  brougt  forward  by  himself 
some  years  ago  ;  and  a  Senator  from  Maine,  no  longer  a  member 
of  the  body,  who  was  also  acquainted  with  all  the  circumstances 
of  the  case,  most  cordially  co-operated  in  bringing  it  to  the  favor- 
able consideration  of  the  Senate.  At  the  time  the  case  was  first 
brought  forward,  he  expressed  hisdesiie  that  the  principle  involv- 
ed in  the  ease  might  be  applied  to  the  whole  army  ;  bnt  the  old 
lady  having  lived  too  long  already  to  expect  to  be  able  to  live  long 
enough  to  see  a  general  principle  applied  to  meet  her  case — beg- 
ged him  to  give  the  bill  the  form  which  the  Senator  from  Indiana 
had  now  given  it.  In  that  form  he  cordially  uiiilcd  with  the  Sena- 
tor from  Indiana  and  others  acquainted  with  the  subject,  in  giving 
it  a  cordial  support,  in  the  full  cmiviction.  at  the  same  time,  that 
they  were  not  doing  adeauate  justice.  It  was  the  case  of  a  lady 
— her  letter  showed  her  to  be  one  in  every  sense  of  the  word — 
who,  for  almost  fifty  years,  had  been  the  wife  of  as  bravo  and  ns 
honorable  a  soldier  as  ever  lived,  and  who,  in  his  fifty  years  of  luil- 
itary  life,  was  always  upon  the  frontier — always  engaged  in  ardu- 
ous service — in  Indian  wars,  at  frontier  posts— doing  every  thing 
which  belonged  to  the  laborious  military  life  of  the  earliest  period 
of  our  history,  from  '91  coming  dnwn  to  the  end  of  the  war  with 
Great  Britain.  He  perished  on  the  banks  of  the  Ohio,  struck  with 
the  cholera.  If  he  had  been  struck  down  by  the  arrow  or  the 
hatchet  of  the  Indian,  his  wife  would  have  taken  her  pension  as  a 
matter  of  course.  He  was  struck  down  in  the  line  of  Ills  duty, 
and  his  death  to  his  family  was  precisely  the  same  as  if  he  had 
fallen  by  the  hand  of  the  foe.  But  the  law  made  a  difference  be- 
tween the  soldier  killed  in  battle  and  him  who  dies  from  disease. 
Yet  there  should  be  no  difl'e.-ence  ;  for  it  matters  not  upon  what 
field  the  soldier  dies  who  gives  his  life  for  his  country,  so  far  as  re- 
gards the  merit  of  the  sacrifice.  It  is  the  same  in  both  cases.  The 
loss  to  his  family  is  the  same.  And  far  more  was  he  to  be  [litied 
who  died  from  disease  than  he  who  fell  at  the  head  of  his  command 
on  the  field  of  battle.  Yet  the  law  made  a  difference,  and  thus, 
after  fifty  years  of  service,  this  officer's  widow  cannot  take  a  pen- 
"sion  because  her  husband  was  struck  down  by  disease,  although  in 
the  line  of  his  duty.  If  she  had  been  only  twenty  four  hours  mar- 
'•ied,  and  her  husband  had  fallen  in  battle,  she  would  have  been  en- 
titled to  a  pension.  But  here,  after  fifty  years  of  service,  the  wid- 
ovf'of  the  officer  receives  nothing  because  he  did  not  happen  to  fall 
by  the  hand  of  the  foe. 

•    A  Senator.— He  may  have  been  on  a  furlough. 

Mr.  BENTON. — On  furlough  ?     He  had  never  any  thing  to  do 
with  furlough.  What  he  had  to  with  most  was  double  duty^juikl- 
ing  forts,  opening  roads,  making  bridges — on  the  frontier  always. 
This  was  truly  a  case  in  which  they  might  say — 
"  Deliberat  Ronia.  perit  Sagimtum." 

The  old  lady  perisheth  whilst  they  deliberate  I  He  hoped,  in  con- 
clusion, that  every  consideration  of  justice  would  prompt  the  Sen- 
ate to  consent  to  the  immediate  passage  of  the  bill. 

Mr.  DAVIS,  of  Massachusetts,  agreed  wit!)  the  Senator  from 
Connecticut,  that  there  might  be  some  danger  in  establishing  pre- 
cedents calculated  to  lead  to  a  too  wide  extension  of  the  pension 
laws.  Bnt  ne  did  not  apprehend  that  the  passage  of  the  present 
bill  would  operate  in  that  way.  The  case  was  one  of  the  most  me- 
ritorioun  character,  and  it  had  peculiar  features  which  rendered  it 


hardly  probable  that  it  would  be  hereafter  cited  as  a  precedent  to 
justily  any  improper  legislation. 

Mr.  PEARCE  remarked  that  it  was  very  difficult  to  resist  such 
appeals  to  the  feelings  of  Senators  as  had  been  made  in  favor  of  this 
bill.  But  he  was  of  opinion  that  the  bill  introduced  a  new  princi- 
ple in  their  legislation,  ever  known  in  the  case  of  military  pen- 
sions, and  but  for  a  short  time,  and  that  most  unfavorably  in  the 
case  iif  naval  pensions.  The  principle  of  the  naval  pension  law 
was  that  the  widows  of  those  killed  in  battle — dying  from  wounds 
received  in  battle,  or  in  conseqnence  of  exposure  to  some  of  the 
peculiar  hazards  of  their  profession,  were  entitled  to  a  jiension. — 
So  far  he  was  willling  to  go.  But  the  present  bill  proposed  logo 
farther.  It  proposed  to  give  a  pension  to  the  widow  of  an  officer 
who  died  from  a  disease  to  which  he  was  not  subjectetl  in  the  line 
of  bis  duty.  If  that  principle  were  adopted,  why  not  extend  it  to 
all  employees  of  the  gnveriiment,  civil  as  well  as  military.  He  was 
very  far  from  wishing  to  detract  from  the  value  and  importance  of 
the  services  of  this  officer,  but  he  did  not  approve  of  the  principle 
involved  in  the  bill.  If  the  bill  passed,  he  did  not  see  why  they 
should  not  go  on  and.  and  following  the  suggestion  of  the  Senator 
from  Missouri,  enact  a  general  law^,  giving  pensions  to  the  widows 
of  all  officers  dying  in  the  service,  no  matter  how  or  where. 

Mr.  BADGER  said  that  he  was  at  once  glad  and  sorry  to  hear 
the  remarks  of  his  friend  from  Maryland,  because  it  was  evident 
that,  throughout .  his  excellent  understanding  was  engaged  in  a 
forced  contest  with  the  suirffcstions  of  his  heart.  For  himself,  he 
had  never  given  a  vote  in  that  body  with  more  )deasuie  than  he 
would  vote  for  this  bill.  It  introduced  no  new  principle  into  their 
pension  laws.  It  was  not  an  application  to  extend  the  pension 
laws.  It  was  simply  an  application  to  Congress  to  pass  a  special 
bill  for  a  special  case,  and  when  a  similar  case  presented  itself  all 
that  was  to  be  done  was  to  make  a  similar  provision  for  it.  When 
a  similar  case  occurred,  he  would,  with  equal  cheerfulness,  be  pre- 
pared to  jirovide  for  it  in  the  same  way.  He  thought  that  that 
country  might  be  declared  incapable  of  self-government,  and  the 
proper  discharge  of  its  duties  to  those  who  served  it,  which  was 
cither  unable  or  unwilling  to  discharge  such  a  debt  as  that  incurred 
in  the  present  ease — a  case  of  more  than  forty  years  unremitted, 
devotcd.'faitbful  service,  death  in  the  service,  and  an  aged  relict 
left  entirely  destitute. 

Mr.  HANNEGAN  said  that  he  had  refrained  from  expressing 
his  own  opinion  on  the  bill  from  the  fact  that  he  had  been  satisfied 
from  the  first  that  the  Senate  would  pass  the  bill.  He  rose  for  the 
purpose  of  begging  the  friends  of  the  bill  at  any  rate,  and  Senators 
on  every  side,  to  allow  the  question  to  be  taken  without  further 
debate,  as  it  was  apparent  from  the  hands  of  the  clock  that  unless 
acted  on  at  once,  it  would  be  laid  over  for  anoUier  day,  meanwhile, 
in  the  beautiful  language  quoted  by  the  Senator  from  Missouri, 
whilst  they  deliberated,  the  aged  widow  starved. 

The  amendment  was  agreed  to  ;  and  no  further  amendment  being 
made,  the  bill  was  reporwd  to  the  Senate,  and  the  ainendinent  con- 
curred in. 

Ordered,  That  the  bill  be  engrosse    and  read  a  third  time. 

The  said  bdl  was  road  a  third  tim,e  by  unanimous  consent. 

ResvU-ed,  Tliat  it  jta*s.  and  that  tiie  title  tliereof  be  as  afore*ai(l. 

Orcered,  That  the  Secrelar}'  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

ADJOURNMENT   OVER. 

On  motion,  it  was  ordered  that  when  the  Senate  adjourn,  it  be 
to  Monday  next. 

TEN  REGIMENT  BII-I.. 

The  Senate  resumed  the  consideration  of  the  bill  to  raise  for  ^ 
limited  time,  an  additional  military  force.  ji 

Mr.  GREENE.— Mr.  President,  when  the  act  of  May,  1846, 
recognizing  the  existence  of  the  war  with  Mexico,  passed  the  two 
Houses  of  Congress,  I  was  aksent  on  a  visit  to  my  family,  and, 
therefore,  my  name  is  not  to  be  found  on  the  journal  of  the  Senate, 
upon  that  bill.  1  have  since  voted  for  supplies  of  men  and  money 
for  the  prosecution  of  this  war  ;  but  I  have  now  come  to  the  con- 
clusion that  it  is  my  duty  to  vote  against  the  bill  upon  your  table. 
It  is  due  to  the  State  which  I  have  the  honor,  in  part,  to  represent 
in  this  chamber,  that  I  should  declare,  at  least,  some  of  the  rea- 
sons wljioh  iiiftuencc  mc  in  the  vote  1  am  about  to  give.  This,  sir, 
must.  L;::  my  apoluiiy  lor  throwing  myself  upon  the  indulgence  of 
the  Senate  at  this  late  period  of  the  debate.  I  have  no  hope  that 
any  thing  I  can  say  will  influence  the  action  of  this  body.  I  have 
no  hope  that  I  can  throw  any  new  light  upon  a  subject  which  has 
been  already  so  ably  and  so  fully  discussed.  It  is  merely  because 
I  think  the  people  of  the  State  of  Rhode  Island  have  a  right  to 
hear  from  me,  upon  the  questions  iovolved  in  this  debate,  that  I 
now  address  you. 

Had  I  been  in  my  seat  when  the  vote  was  taken  upon  the  act 
passed  in  May,  1846,  I  do  not  doubt — I  never  have  doubted— that 
I  should  have  acted  with  Senators  upon  this  and  the  other  side  of 
the  chamber  in  voting  for  the  bill  ;  I  should  have  endeavored,  with 
my  friends  upon  this  side,  to  amend  it,  by  striking  out  the  objec- 
tionable preamble  ;  but,  if  we  had  not  succeeded  in  that,  in  the 


312 


THE  TEN  REGIMENT  BILL. 


[Friday, 


emergency  presented  to  us  by  the  messase,  and  without  time  to 
examine  into  the  facts,  in  regard  to  the  origin  of  the  war,  I  should 
not  have  I'elt  myself  authorized  to  withhold  my  vote  from  a  mea- 
sure whicli  I  should  have  deemed  of  pressing  necessity  for  the  safe- 
ty of  our  army  upon  the  Rio  Grande,  then  understood  to  be  in  great 
peril  from  an  overwhelming  force. 

I  do  not  propose,  Mr.  President,  to  detain  the  Senate  by  any 
discussion  of  the  origin  or  justice  of  this  war.  These  questions 
have  brought  to  their  consideration  the  minds  of  men  abler  by  far 
than  he  who  now  addresses  you;  and  the  subject  seems  to  me  to 
have  been  entirelv  exhausted.  It  is  sutlieient  for  me  to  say,  that 
I  believe  the  war  to  have  been  unnecessarily  precipitated;  that  the 
iramedisto  cause  of  it  was  the  order  under  which  the  arniy  was 
marched  from  Corpus  Christi  to  the  Kio  Grande;  thait  it  might 
have  been  avoided  by  the  exercise  of  prudence;  and  that  it  was, 
therefore,  unnecessarv,  and,  if  unnecessary,  unjust,  at  least  to  our- 
selves. 1  propose  to'confine  myself,  in  the  remarks  which  I  shall 
make,  to  the  consideration  of  our  present  position  and  future  pros- 
pects, if  the  war  ba  continued,  and  the  measures  and  policy  now 
recommended  by  the  President  of  the  United  States,  be  adopted. 
I  shall  endeavor  to  show  that  the  character  and  objects  of  the  war 
are  changed;  that  it  is  inconsistent  with  the  intention  of  the  fra- 
mers  of,  and  parties  to,  the  constitution  of  the  United  States,  and 
with  the  spirit  of  that  instrument  itself,  to  acquiieand  hold  by  con- 
quest any  foreign  territory;  that  it  is  not  only  unconstitutional,  but 
would  be  inexpt'dicnt  and 'dangerous  to  our  free  institutions  and  to 
the  permanency  of  the  Union,  to  acquire  and  hold  any  portion  of 
Mexico  by  conquest;  and  that  to  make  the  addition  to  the  army 
now  proposed,  is  unnecessary,  and  would  lend  to  increase  the  dif- 
ticultics  of  our  position  and  protract  the  war.  1  will  consider  these 
various  points  as  briefly  as  I  may.  I  shall  not  go  over  the  whole 
of  the  wide  field  embraced  in  these  propositions,  but  shall  content 
myself  with  offering  only  such  remarks,  in  regard  to  each,  as  shall 
sulliciently  explain  my  views  in  relation  to  them. 

Until  the  present  session  of  Congress,  every  message  of  the 
President  ol  the  United  States,  from  that  of  May,  1846,  has  held 
out  the  idea  that  the  war  would  be  prosecuted  with  vigor,  but 
that  no  territory  was  to  be  permanently  held  by  this  country,  un- 
kiss  by  free  and  voluntary  cession  on  the  part  ol  Mexico — by  trea- 
tv,  and  on  fair  and  honorable  terms.  I  think  I  am  correct  in  this 
position,  that  until  the  annual  message  of  the  President  of  the 
United  Stales  to  the  present  Congress,  the  idea  of  holding  any 
portion  of  territory  by  conquest,  was  never  intiinaled  by  the  Exec- 
utive, nor  indeed  was  it  ever,  so  far  as  1  recollect,  suggested  upon 
this  tloor.  If  this  be  true,  then,  I  repeat,  and  it  is  demonstralde, 
that  if  we  carry  out  the  measures  recommended  in  the  message  of 
December,  1847,  we  shall  prosecute  the  war  for  objecls  not  only 
not  hitherto  avowed,  but,  on  the  contrary,  expressly  disavowed,  by 
the  K.xecutive,  and  which  are,  in  my  opinion,  utterly  inconsistent 
with  the  welfare  and  prosperity  of  our  country.  For  the  purpose 
of  showing  (his,  I  will  compare  the  present  annual  message  ot  the 
President  with  his  former  messages.  I  will  first  refer  to  the  mes- 
sage of  August  Sth,  1846.  In  that  communication,  the  President, 
afler  speaking  of  the  best  mode  of  carrying  on  the  war,  says: 

"  It  is  iny  sincere  desire  to  terminate,  as  it  ^v.^s  originally  loaxoid.  tlie  existing  wai 
with  iMcxico,  by  a[>eacejnst  and  lionoralilc  lo  Itolli  parties.  It  is  ptolialile  Iltatlhe 
chief  obstacle  to  be  surmounted  in  aceoinplisliiiig  tins  desirable  oiijeet  will  be  llie  ad- 
justment of  a  boundary  between  tlie  two  republics,  which  shall  prove  satisfactory  and 
conveiiicul  to  t>oth,  and  such  as  neither  will  hereat'ier  be  inclined  lo  disturb.  In  the 
adiostineni  of  this  boundary,  we  ought  to  pay  a  lair  eqbivalent  for  any  concessions 
svliich  may  be  made  by  Mexico." 

"  A  peace  just  and  honorable  to  both  parties,"  was  then  avowed 
to  be  the  object  of  the  war.  The  language  is  explicit.  It  not 
only  does  not  look  to  the  acquisition  of  territory  by  compicst,  but 
it  expressly  d'savows  and  disclaims  any  such  intention.  In  the 
adjustment  of  the  boundary  he  says,  "  we  ought  to  pay  a  fair 
equivalent  for  any  concessions  which  may  be  made  by  Mexico.'' 
Again,  in  the  annual  message  of  December,  1846,  the  President 
says  : 

"  The  wai  will  continue  lo  be  prosecuted  wilh  vigor,  as  the  best  means  of  securing 
peace.  It  is  lioped  that  the  decision  of  the  Mexican  Congress,  to  which  our  last  over 
ture  has  been  referred,  may  result  in  a  speedy  and  honorable  peace.  With  our  ex- 
perience, however,  oflhe  unreasonable  course  of  the  Mexican  authorities,  it  is  the  part 
of  wisdom  liol  10  relax  in  llie  energy  of  our  military  operations  unlit  the  refult  is  made 
Known.  In  tills  view,  it  is  decmeil  imporlanl  to  hold  miliiary  (lossessioii  of  all  the 
provinces  whicii.  have  been  taltcn.-nnlil  a  defiuilive  treaty  of  peace  shall  liave  been 
concluded  and  ra'tified  by  the  two  countries. 

'■  The  war  has  not  been  waged  with  a  view  to  conquest;  but  having  been  com 
iijeuced  by  .Mexico,  il  has  been  carried  into  the  enemy's  country,  and  wilt  be  vigorous- 
ly ptoscculed  there,  with  a  view  to  obtain  an  lionoiable  jieace,  ami  thereby  secure  am 
pt©  indemnity  for  the  expenses  of  the  war,  as  well  as  lo  our  much  injured  citizens, 
who  hold  large  pecuniary  demands  against  .Mexico," 

The  President  here  reiterates  his  disavowal  that  the  war  has 
been  ''  waged  with  a  view  to  conquest,'"  And  again,  on  the  13tli 
of  February,  1847,  the  President  tells  us: 

,*  While  it  is  deemed  to  be  our  true  policy  lo  prosecute  Ihe  «  ar  in  the  iiiaiiner  in 
dicated,  and  thus  malce  the  enemy  feel  its  pressure  and  its  e\  ils,  T  shall  he  al  all  limes 
ready,  wilh  Ihe  aulliority  conferred  on  me  by  the  eonstitution.  and  wilh  all  the  means 
which  may  he  placed  at  my  command  by  Congress,  lo  conclude  a  .just  and  honoiable 
pence.*' 

Now,  sir,  what  is  the  language  of  the  President,  and  what  are 
the  measures  proposed  by  him  at  the  cointnencement  of  the  present 
session?  I  will  ask  the  indulgence  of  the  Senate,  whilst  I  read  a 
passage  from  the  last  annual  mersage  of  the  E.\eciitive.  The 
President  there  says  : 

"  Whilst  our  arms  have  been  every  where  victorious,  having  subjected  lo  our  milila 
TV  occuiia'ion  a  large  portion  of  the  enemy's  country,  including  his  capital,  and  ne- 
go'lutioiis  for  peace  having  failed,  the  important  questions  arise,  in  what  manner  the 
wai  oujfbl  lo  bo  protecuted,  and  what  should  be  our  futuie  policy  ?     1  cannot  doubt 


that  we  should  secure  and  render  available  the  couquesl  which  we  have  already  made 
and  thai,  wilh  tliis  view,  we  should  hold  and  occupy,  by  our  naval  and  military 
forces,  all  Ihe  ports,  towns,  cities,  and  provinces  now  in  our  occupation,  or  w,.ich  may 
hereafter  fall  into  our  possession;  that  we  should  press  forward  our  military  operations, 
and  levy  such  military  contributions  on  the  enemy  as  may,  as  far  as  practicable,  de 
fiav  the  future  expenses  of  the  war. 

fe^flad  the  gorerrm-nl  of  Mexico  acceded  to  Ihe  equitable  and  hberal  terms  proposer*, 
Ihatnioileol  adjustment  would  have  been  preferred  Mexico  having  declined  lo  do 
this,  and  failed  lo  ofier  any  ollter  terms  which  could  be  ai  ee(,ted  by  the  I'niied  States, 
the  national  honor,  no  less  than  the  public  interests,  leqniies  that  the  war  should  be 
prosecuted  with  increased  energy  and  power,  ontil  a  jusl  and  satisfactory  peace  can  be 
obtained.  In  tlte  meantime,  .is  Mexico  refuses  uU  indemnity,  we  should  adopt  mea- 
sures to  indemnify  ourselves  by  appropnating  (lermanenlly  u  (lorlion  of  her  territory. 
Early  after  the  commencement  of  the  war.  New  Mexico  and  tlie  Cahfornias  were 
taken  possession  of  by  our  Ibrces.  Our  miliiary  and  naval  commanded  were  ordered 
lo  conquer  and  hold  ihem,  sui)jecl  to  be  disposed  of  by  a  treaty  of  peace. 

These  provinces  are  now  in  our  undisputed  occupation,  and  have  been  so  for  many 
months,  all  resistance  on  the  part  of  Me-sico  having  ceased  within  Ihcir  hmils,  I  am 
satisfied  rlial  they  should  never  be  surrendered  to  Mexico.  Should  Congress  concur 
wilh  me  in  this  opinion,  rind  tlial  they  .liould  be  retained  by  llie  United  Slates  as  in- 
liemnity,  I  can  perceive  no  good  reason  why  the  civil  juitsdiction  and  laws  of  the 
United  Stales  should  not  al  once  be  extended  over  them.  To  wail  tor  a  treaty  ol 
peace,  such  as  we  are  willing  to  make,  by  which  our  relations  towards  them  would 
not  be  changed,  cannot  be  good  policy;  wJlilstour  own  interest,  and  thai  of  the  neo 
pie  inhabiting  Ihem,  require  that  astahle,  responsible,  and  free  government  under  our 
authority  stiould.  as  soon  as  possible,  be  established  over  ihem.  Should  Congress, 
therefore,  determine  lo  hold  these  provinces  petmanently,  and  that  they  shall  hereafter 
he  consiilered  .Is  conslitnent  (larls  of  our  country,  the  early  establislimenl  of  territorial 
governments  over  Ihem  wilMie  im  orlanl  for  the  more  perfect  protection  of  |>eisons 
and  property:  and  I  recommend  that  such  territorial  governments  be  eslabllshed.  It 
will  promote  peace  and  tranquility  among  Ihe  inhabilants.  by  allaying  all  apprehen 
sion  that  they  may  sldl  entertain  of  being  subjected  again  lo  tlie  jurisdiction  of  Mexico. 
I  invite  theearly  and  favorable  consideration  of  Congress  to  this  im]>ortaii'  subject 

Besides  New  Mexico  and  the  Californias,  there  are  other  Mexican  provinces  which 
have  been  reiiuced  to  our  possession  by  conquest.  Theseother Mexican  provinces  are 
now  governed  by  our  miliiary  and  naval  commanders,  under  the  general  aoihoriiy 
wli.cb  is  conferred  ujioii  Ihe  conqueror  by  the  laws  of  war.  They  should  continue  lo 
be  held  as  a  means  of  coercing  Mexico  to  accede  lo  jusl  terms  uf  peace.  Civil  as  well 
as  military  officers  are  requireii  lo  conduct  such  agoverument.  Adequate  compensa- 
tion, to  be  drawn  from  contributions  levied  on  the  enemy,  should  be  fixed  by  law  for 
such  officers  as  may  be  thus  employed.  What  further  provision  may  become  neces 
sary,  and  what  linal  disposition  it  may  be  proper  lo  make  of  them,  most  depend  on 
the  future  jirogress  of  the  war,  and  the  course  whicli  Mexico  may  think  proper  here- 
aller  lo  pursue." 

Here,  then,  is  proof  abundant  that  the  character  and  objects  of 
the  war  are  changed.  By  the  recommendation  of  the  President, 
we  are  to  render  *'  available''  the  conquests  of  Mexican  territory 
which  we  have  made.  ''  We  should  adopt  measures  to  indemnify 
ourselves  by  appropriating  permanently  a  portion  of  her  territory." 
We  are  to  hold  the  provinces  of  New  Mexico  and  the  Californias, 
with  or  without  a  treaty.  "  I  am  satisfied  that  they  should  never 
be  surrendered  to  Mexico,"  says  the  President  of  the  United  States. 
To  subititute — no  equivalent — no  payment  of  money,  even,  can 
change  our  relations  in  these  provinces.  In  no  event  can  they  be 
surrendered  to  Mexico.  What  is  this  but  title  by  conquest  ?  We 
have,  and  we  claim  no  right  to  the.se  piovinces,  over  which  wo  are 
to  establish  *'  territorial  governments,"  except  the  right  of  the 
strongest. 

The  obvious  and  striking  difference  between  the  messages  to 
which  I  have  referred,  shows  that  the  policy  recommended  to 
Congress  at  the  present  lime,  is  utterly  at  variance  with  that 
formerly  avowed  by  the  President.  It  must  be  apparent  to  the 
minds  of  all,  Iroin  a  comparison  of  these  messages — from  contrast- 
ing the  objects  Ibrmerly  avowed  by  the  President  with  his  lan- 
guage now,  and  the  measures  ar  present  recommended  by  him, 
that  gentlemen  who  heretofore  have  voted  for  men  and  means  for 
the  prosecution  of  the  war,  may  now,  without  afibiding  the  slight- 
est ground  for  the  charge  of  inconsistency,  record  their  votes 
against  the  bill  under  consideration,  even  if  there  were  no  other 
reason  for  such  voles. 

But,  sir,  in  considering  the  measures  now  recommended,  with 
reference  to  their  effects,  we  should  not  confine  ourselves  merely 
to  the  views  officially  e.xpresssed  by  the  President.  In  looking  to 
the  e.onsequences  ol  our  action  here,  we  should  not  be  unmindful 
of  the  '■  signs  of  the  times,"  as  they  are  indicated  by  resoations 
offered  in  ihis  chamber,  by  speeches  and  letters  of  distinguished 
members  ol  the  administration  party  here  and  elsewhere,  by  the 
expressions  of  popular  opinion,  and  by  the  tone  of  a  portiiii  of  the 
public  press.  These  afford  strong  indications  that  something  be- 
yond the  annexation  of  a  portion  of  Mexican  territory  may  be  the 
consequence  of  the  measures  proposed,  and  of  the  further  prose- 
cution of  the  war. 

It  may  be  remarked,  and  indeed  it  must  have  struck  every  one, 
that  we  have  never  had  any  declaration  from  the  war-making  pow- 
er of  the  objects  of  this  war.  W'e  present  to  the  world  a  siiange 
spectacle — prosecuting,  for  nearly  two  years,  a  war.  the  objccis 
of  whicli,  down  lo  this  moment,  have  not  bieii  declared  by  the  war- 
making  power,  ncr  even,  with  any  distinctness,  by  the  E.\eoutive. 
We  have  carried  on  a  "  vigorous  war"  to  obtain  an  liunorable 
peace,"  and  we  are  now  carrying  on  this  war  to  obtain  'indemnity 
for  the  past  and  security  for  the  future."  Now.  these  woidsinean 
just  what  the  author  of  them  may  chocse  to  say  tliey  mean.  Thty 
are  indefiime;  for,  although  they  are  broad  enough  to  cover  any 
thing,  they  in  fact  define  nothing.  We  must,  therefore,  in  ascer- 
taining the  objects  and  the  possible  consequences  ol  tlis  war,  look 
to  the  opinions  of  gentlemen  on  the  other  side  of  the  elmmber,  who 
occupy  high  stations,  and  have  great  power  and  influence  over  the 
public  mind.  In  forming  our  opinions  in  regard  to  the  conse- 
quences likely  to  follow  from  llie  measures  of  the  ndminislratioD, 
it  is  proper  to  consider  them  in  connection  with  the  expressions  of 
those  who  have  been  identified  with  its  policy  in  this  chamber  and 
elsewhere.  I  have  taken  some  pains  to  gather  some  ol  these  evi- 
dences of  opinion,  and  I  feel  satisfied,  sir,  that  the  question  U 
eventually  to  he,  whether  wo  sliall  incorporate  the  whole  of  Mex- 
ico with  these  United  Stales.     I  have  in  jiiy  hand  a  speech  of  ths 


February  18.  J 


THE  TEN  REGIMENT  BILL. 


31J 


honorable  Senator  from  Texas,  who  sits  before  me,  [Mr.  Hous- 
ton,] delivered  at  a  great  mass  meeting,  recently  held  in  Tamma- 
ny Hall,  in  the  city  of  New  York.  And,  sir,  you  will  permit  me 
here  to  remark,  that  we  are  not  at  liberty  to  value  lightly  the 
opinions  of  that  gentleman,  expressed  at  such  meetings.  They 
give  a  tone  to  public  sentiment.  They  are  dangerous,  not  merely 
Irom  the  effect  they  have  upon  the  persons  present  on  such  occa- 
sions, but  from  the  influence  which  they  exercise  upon  the  whole 
country  through  the  medium  of  the  public  press. 

I  find  that,  on  the  occasion  referred  to,  the  honorable  Senator 
said  : 

"You  may  escape  the  small  pox,  but  you  can  never  escape  the  contagion  of  land 
loving.  As  sure  as  you  live,  it  will  become  a  part  of  your  nature.  Tiiere  is  not  an 
American  upon  eartli  but  what  loves  lantl.  It  is  the  fact,  though  I  say  so  in  my  coarse 
and  vulgar  way.  [Tlie  Senator  did  himselfgreat  injustice.]  (Great  applause.)  Your 
ancestors,  when  they  landeil  at  Plymouth,  upon  the  famous  rock,  were  not  long  con- 
tented with  that  barren  spot,  hut  proceeded  in  tjieir  might,  and  went  on  progressing  at 
Jamestown  as  well  as  at  Plymouth,  till  all  the  country  was  possessed  by  tiiem.  From 
the  tirst  moment  they  landed,  they  went  on  trading  with  the  Indians,  and  cheating 
them  out  of  tlieir  Innd.  Now  the  Mexicans  are  no  better  than  Indians,  and  I  see  no 
reason  why  we  should  not  go  on  in  the  same  course  now.  and  take  their  land." 

Well,  sir,  sentiments  such  as  the.se,  coming  from  so  distinguished 
a  personage,  are  calculated  to  have  great  weight.  The  example 
here  held  out  for  imitation  cannot  fail  to  have  its  eflTect  You  love 
land,  says  the  Senator.  "There  is  not  an  American  on  earth  but 
what  loves  land."  Then,  sir,  the  alleged  example  of  our  ancestors 
is  appealed  to.  You  \\a</e  always  acquired  territory  in  this  way; 
and  in  this  way,  you  must  get  as  much  more  as  you  can.  Such  is 
the  tenor  of  the  gentleman's  remarks  at  that  meeting.  Sir,  no 
great  effort — no  very  strong  arguments  are  reijuired  to  persuade 
masses  of  people  of  the  justice  of  measures  which  their  inter- 
est makes  them  but  too  willing  to  pursue;  and  when  this  na- 
tional land-lovitig  propensity  is  held  up  as  a  suflicient  justification, 
it  would  surprise  us  if  it  did  nut  produce  its  natural  effect.  It  ex- 
cited "great  applause."  Sir,  when  the  same  meeting  was  ad- 
dressed by  the  honorable  Senator  from  Mississippi,  [Mr.  Foote,] 
and  after  he  had  given  his  views  upon  the  right  of  acquiring  terri- 
tory by  conquest,  he  says  : 

"  The  enemy's  country  is  in  our  possession:  and  what  shall  we  do  with  it?  You 
have  declared  what  we  shall  do  with  it.  You  have  declared  by  your  resolutions  what 
we  shall  do  with  it.  We  are  not  to  withdraw  our  armies,  for  the  present,  at  least. 
Well,  suppose  it  turns  out  that  Mexico  will  never  he  able  again  to  make  known  its 
separate  national  existence  to  the  civilized  world — that  we  shall  have  no  government 
with  which  we  can  treat." 

Then  he  asks  "what  shall  we  do  with  Mexico?"  The  response 
comes  at  once  from  the  crowd — "annex  it" — "'annex  it."  The 
honorable  Senator  indeed  said,  "I  am  not  prepareil  for  that;"  but, 
sir,  it  was  evident  that  the  minds  of  the  people  had  been  prepared 
for  it. 

•  This,  sir,  is  not  all.  I  have  in  my  hand  the  resolutions  presented 
by  the  honorable  Senator  from  Alabama,  [Mr.  B.^gby,]  one  of 
which  is  as  follows  : 

Rcsolvfd,  That  conquest  is  a  legitimate  mode  of  acquiring  territory,  and  so  recog- 
nized by  the  laws  ami  the  universal  practice  of  civilized  nations." 

In  connexion  with  this,  and  as  indicating  what  the  honorable 
Senator  means,  I  beg  leave  to  read  an  extract  from  a  letter,  said 
to  be  from  him,  which  I  find  in  a  nevvspaper  called  the  "Hannibal 
City  Gazette,"  published  on  the  27th  of  January,  1848  : 

"  Sen.vtor  Baoby  upon  Annexation. — This  United  States  Senator  has  written 
a  letter  to  a  gentleman  in  Tuscaloosa  in  favor  of  the  annexation  of  all  Mexico  to  the 
United  States.     He  says : 

'  In  every  light  which  T  can  view  the  present  condition  of  Mexico  and  our  relations 
towards  her,  I  am  irresistibly  [the  word  ;is  printed  was  "inevitably,"  it  is  changed  at 
the  request  of  the  honorable  Senator,!  led  to  the  conclusion  that  there  is  no  alleinative 
left,  but  to  reduce  the  country  to  absolute  subjection,  and  extend  the  jurisdiction  of  our 
laws  and  institutions  over  it.'  " 

This  language  requires  no  comment.  Again,  sir,  we  have  be- 
fore us  the  resolutions  of  the  honorable  Senator  from  New  York, 
[Mr.  Dickinson,]  breathing  the  same  spirit  : 

''Resolved,  That  true  jjolicy  requires  the  govejnment  of  the  United  States  to 
strengthen  its  political  and  commercial  relations  Ujion  this  continent  by  the  annexation 
oi  such  contiguous  territory  as  may  conduce  to  that  end.  and  can  be'jiistly  obtained; 
and  that  neither  in  such  acquisition,  nor  in  the  territorial  organization  thereof,  can  any 
conditions  be  constitutionally  imposed,  or  institutions  be  proiided  furor  established,  in- 
consistent with  the  right  of  the  peonle  thereof  to  form  a  free  sovereign  State,  with  the 
powers  and  [irivilepcs  of  the  original  members  of  the  cont'ederacy. 

"  Required,  That,  in  organizing  a  territorial  government  for  territorv  belonging  to 
the  United  States,  the  principles  of  self  government,  upon  which  our  leder.ative  system 
rests,  will  he  best  promoted,  the  tine  spirit  and  meauingof  the  constitution  be  observed, 
and  Uie  confederacy  strengthened,  by  leaving  all  questions  concerning  the  domestic 
policy  therein  to  the  legislatures  chosen  by  the  people  thereof." 

And  to  these  the  honorable  Senator  from  Florida,  [Mr.  Yulee.] 
offers  this  amendment  ■ 

"That  the  terri'ory  belonging  to,  or  which  maybe  acciuired  by  the  United  States, 
is  the  common  property  of  the  tfniou,  and  the. overeignty  over  the  same  vests  in  the 
people  of  the  several  States  composing  the  Union. 

"ResohT.d  further.  That  the  federal  government  has  no  delegated  authority,  nor 
the  territorial  commnnity  any  inherent  right,  to  exercise  any  legislative  power  within 
the  said  territories  liy  whieh  the  equal  right  of  all  the  citizens  of  the  United  Stales 
to  acquire  and  enjoy  any  part  of  the  common  property  may  be  impaired  or  embar- 
rassed.' ' 

And  then  we  have  the  resolutiotis  presented  to  this  body  by  my 
friend,  the  Senator  from  Indiana  : 

-Resolved.  That  no  treaty  of  peace  can  be  made  with  Mexico,  liavin"  a  proper 
regard  lor  the  best  interests  of  the  United  States,  which  does  not  establish  as  a  boun- 
dary between  the  two  nations  the  most  suitable  line  for  military  defence 

"ResoU-rd.  That  in  no  contingency  can  the  United  States  consent  to  the  establish- 
ment of  a  monarchical  government  within  the  limits  of  Mexico  by  the  intervention  of 
European  power. 

"Resolved.  That  it  may  become  necessary  and  proper,  as  it  is  within  the  constitu- 
tional capacity  of  this  government,  lor  the  United  States  to  hold  Mexico  as  a  territorial 
uppendage. 

30th  Cong.— 1st  Session— No.  40. 


Well,  Mr.  President,  it  is  true  that  honorable  Senators  on  the 
other  side  of  the  chamber,  who  have  discussed  this  bill  upon  this 
floor,  have  not,  all  of  them,  avowed  their  intention  or  desire  to 
carry  on  this  war  for  the  purpose  of  conquering  the  whole  of 
Mexico.  Indeed,  the  honorable  chairman  of  the  Committee  of 
Military  Affairs,  [Mr.  Cass,]  disavows  all  such  intention;  whilst, 
however,  he  made  the  disavowal,  he  remarked  that  such  a  result 
might  come,  and  if  it  should,  he  did  not  believe  that  even  the  ab- 
sorption of  the  whole  of  Mexico  "would  kill  us." 

Again,  the  chairman  of  the  Committee  on  Foreign  Relations, 
[Mr.  Sevier,]  states,  distinctly,  his  opinion  that  this  issue  may 
be  forced  upon  the  democratic  party  at  the  ne.xt  Presidential  elec- 
tion, and  clearly  awows  that,  should  the  alternative  be  the  with- 
drawal of  our  troops  altogether,  without  any  acquisition  of  terri- 
tory, or  the  stib|ugation  of  the  entire  Mexican  territory,  he  goes 
for  taking  the  whole  of  Mexico. 

These  are  "the  signs  of  the  times,"  sir;  these  are  opinions  not 
lightly  expressed;  they  emanate  from  no  insignificant  sources. 
Tiiey  are  operating  upon  the  public  mind,  sir — who  ctm  doubt  it  ? 
It  was  said  on  a  former  occasion,  in  this  chamber,  that  it  would 
be  necessary  to  prepare  the  public  mind  for  war.  Perhaps,  sir,  it 
is  nosv  necessary  to  preptire  the  public  mind  for  that,  to  hear 
which  should  awaken  alarm  in  the  breast  of  every  American  Sena- 
tor. These  apprehensions  may  be  but  shadows,  sir;  but  "coming 
events  cast  their  shadows  before."  If  any  gentleman  in  this  Sen- 
ate will  look  back  to  the  period  preceding  the  last  Presidential 
election,  and  recall  to  his  inemory  the  condition  of  the  question  of 
the  annexation  of  Texas,  then,  and  compare  it  with  the  state  of 
the  question  of  the  acquisition  of  the  whole  of  Mexico  now,  he 
will,  I  think,  see  that  the  issue  hinted  at  by  the  honorable  Sena- 
tor from  Arkansas,  [Mr.  Sevier,]  will  be  the  issue  involved  in  the 
next  Presidential  contest.  He  will  also  see,  sir,  that  all  the  ex- 
pressions of  opinion  to  which  I  have  alluded  are  hut  preparations 
of  the  pubhc  mind  for  the  agitation  of  that  question,  as  the  great 
issue  upon  which  the  democratic  party  intends  to  go  into  the 
next  election  of  a  Chief  Magistrate. 

I  now  proceed,  Mr.  President,  to  the  consideration  of  the  second 
question  that  I  propose  to  discuss,  which  is  the  right  of  the  gov- 
ernment of  the  United  States,  in  accordance  with  the  spirit  of  our 
constitution,  to  hold  foreisn  territory  by  the  title  of  conquest  alone. 
The  constitution  of  our  Union  was  framed  for  the  government  of 
the  old  United  States,  and  the  territory  which  they  occupied  or 
owned.  It  was  framed  by  delegates  from  the  States  themselves, 
and  adopted  by  the  people;  it  was  framed  for  an  Anglo-Sa.\on 
race.  Its  powers  were  all  delegated  powers — and  they  are  limi- 
ted by  the  instrument  itself.  Its  objects  were  all  defined.  It  con- 
templated no  acquisition  of  territory  beyond  the  limits  of  the 
Union.  True,  the  treaty-making  power  was  therein  given  to  the 
general  government,  as  was  also  the  war-making  power,  but  it 
was  for  purposes  essential  to  the  efficiency  of  the  instrument, 
which  purposes  are  set  forth  with  exactness  in  the  preamble  : 

"We,  tlie  people  of  the  United  States,  in  order  to  form  a  more  perfect  Union,  estab- 
lisli  justice,  insure  domestic  tranquility,  provide  for  Ihe  common  defence,  promote 
the  general  weltare,  and  secure  the  blessings  of  liberty  to  ourselves  and  our  posterllv, 
do  ordain  and  eslablish  this  constitution  for  the  United  States  of  America." 

These  were  the  objects  for  which  the  constitution  was  framed — 
"to  provide  for  the  common  defence,  and  to  promote  the  general 
welfare,"  of  the  parties  to  the  compact  It  contemplates  no  ex- 
tension of  its  benefits  beyond  the  parties  to  the  instrument.  The 
power  was  given  to  Congress  to  admit  new  States;  but,  evidently, 
the  power  so  granied  had  reference  to  new  Stales  erected  within 
tlie  old  territory.  This  was  the  view  taken  at  the  time  of  the 
adoption  of  the  constitution,  and  it  continued  to  be  entertained, 
until  the  period  of  the  purchase  of  Louisiana  by  Mr.  Jefferson. 
That  purchase  was  never  justified  by  its  distinguished  projector 
on  the  ground  of  its  constitutionality,  but  purely  and  entirely  upon 
the   ground  of  the  necessity  of  the  case. 

I  propose  to  trace,  as  briefly  as  I  can,  the  great  departure  that 
has  taken  place  from  the  true  intent  of  the  constitution,  in  this  re- 
spect, and  to  show  how,  step  by  step,  we  have  ,at  length  arrived  at 
the  point  where  we  claim  for  the  United  States  the  power  to  take 
and  hold  foreign  territory,  simply  by  the  right  of  conquest  I  have 
said  that  Mr.  Jefferson  himself  justified  the  treaty  by  which  Loui- 
siana was  acquired,  solely  on  the  ground  of  necessity.  It  was  in- 
dispensable to  the  growth  and  prosperity  of  the  western  portion  of 
the  States  that  an  outlet,  through  the  river  Mississipjii,  should  be 
obtained  for  their  produce.  When  I  speak  of  the  doubtful  power 
which  was  exercised  in  the  formation  of  that  treaty,  I  wish  to  be 
clearly  understood,  however,  as  not  intending  to  depreciate  or  un- 
dervalue, in  any  degree,  the  vast  advantages  arising  from  it. 
There  were  no  doubt  very  satisfactory  reasons  for  the  annexation 
of  that  large  extent  of  country.  But  I  was  about  to  refer  to  the 
opinion  of  Mr.  Jefferson  on  the  subject.  In  his  letter  to  Judge 
Brcckenridge,  in  August,  1803,  he  says  : 

"This  treaty  must  of  course  be  laid  betbre  both  Houses,  because  both  have  import- 
ant functions  to  exercise  respecting  it.  They,  I  presume,  will  see  their  duty  to  their 
country,  in  ratifying  and  paying  for  it,  so  as  to  secure  a  good  which  would  oUierwise 
probably  be  never  again  in  their  power.  But  I  suppose  Uiey  must  tlien  appeal  to  t/te 
vatioii  for  an  additional  article  to  the  constitution,  approving  and  contirmiug  an  act 
w-hich  the  nation  had  not  previously  authorized.  The  constitntion  has  made  no  pro- 
vision tor  our  holding  foreign  territory,  still  less  for  incorporating  foreign  nations  into 
our  Union.  The  Executive  in  seizing  the  fugitive  occurrence  which  so  much  advan- 
ces the  good  of  their  country,  have  done  an  act  beyond  the  constitntion.  The  legis- 
lature in  casting  behind  them  metaphysical  subtleties,  and  risking  themselves  like 
faithful  servants,  must  ratify  and  pay  ibr  it,  and  throw  themselves  on  their  country 
for  doing  for  them  unauthorized,  what  we  know  they  would  have  done  for  themselves 
had  they  been  in  a  situation  to  do  it.  It  is  the  case  of  a  gnanlian.  investing  the  mo- 
ney of  his  want  in  purchasing  an  important  adjacent  territory,  and  saying  lo  him 
when  of  age,  'I  did  this  tor  your  good  ;  I  pretend  to  no  right  to  bind  you  ;  you  may 
disavow  me,  and  I  must  gel  out  of  the  scrape  .as  I  can  ;  I  thought  it  my  duty  to  risk 


314 


THE  TEN  REGIMENT  BILL. 


[Friday, 


mv^elf  for  von  '  But  we  shall  not  be  disavowed  by  Die  nation,  anil  their  act  of  in- 
ileitiuity  wUI  confirm  and  not  weaken  the  constiluUon,  by  more  strongly  marking  out 
lis  lines." 

The  same  gentleman  again  says,  in  his  letter  to  Levi  Lincoln, 
dated  Angust  30tij,  1803  : 

"On  further  eonsideralion  a-i  to  the  anicndment  to  our  eonstitolion  respecting  Loui- 
siana I  have  Ihouyht  it  better,  instead  of  enurneratinj;  the  jiowers  which  Congress 
may  exercise,  lo  give  them  the  same  powers  they  have  .as  to  oilier  iicirlions  ol  the 
Union  generally,  and  to  enuiner.ile  the  special  exceptions,  in  some  such  lonn  as  the 

"•"jLonrsi'ana  is  ceded  by  France  to  the  t.'nited  Stales  ;  its  white  iiiliahilants  shall  be 
citizens,  and  stand,  as  to  their  rights  and  ohlisalions.  on  the  same  looling  with  olher 
citizens  of  llie  TInited  States  in  analagous  staticns.  Save  only  Ihat  as  lo  the  porlion 
thereof  lying  north  of  an  cast  and  wiM  line  drawn  through  the  moiilh  ol  Arkansas 
river  no  new  Stale  shall  be  establUlwd.  nor  anv  grants  ol  land  made,  other  than  10 
Indians,  in  exchange  for  equivalent  portions  of  land  occupied  by  llicm,  until  an 
amendment  of  the  constitution  slinll  he  ma.le  for  these  purposes.  ^    r,i 

•■Florida,  also,  whensoev.  r  it  may  be  rightfully  ohiainud,  shall  become  a  part  oMhe 
United  St.atcs:  its  whin-  inliahilaiils  shall  lhereu|)on  he  citizens,  and  shal  staml.  iis 
lo  their  rights  and  obhgalioiis.  on  the  same  footing  with  other  cilizens  ol  Ihc  bnitcd 
Stales  in  analagous  situations.  ....        -i  .,i.„...  „.... 

••Innolethisforvonrconsideration.oh-rvtngthat  the  less  hat  18  said  abou  aii,\ 
constitutional  dillicnllv  the  better ;  and  Ihat  it  will  be  desirable  for  Congress  to  do 
what  is  necessary  in  siUnrc.^' 

In  a  letter  addressed  to  Wilson  C.  Kichobs,  d.atcd  September 
7th,  1803,  he  also  says  : 

■■But  when  I  consuhr  thai  the  limits  of  ihe  I'n.tcd  .'ilatis  Me  precisely  Hxed  hv  ihe 
trciiv  of  !>•!— ihal  ihe  .onslitiiiioii  e.vpresdv  declares  itsell  to  be  made  for  Ihc  I'ni- 
ted  States-I  cannot  help  believing  the  intention  was  not  lo  pi'rmit  Congress  to  admit 
into  the  Union  new  Slates,  which  should  be  formed  out  ol  the  territory  lor  winch, 
and  und-r  who,e  autliorilv  alone,  lliey  were  iheu  acting.  I  do  not  he  hove  ll  was 
meant  they  might  receive  England,  Inland,  Holland,  &c.,  into  d.  which  would  be 
ll-eca.se  on  your  eouslriK-lion.  When  an  instrument  admits  two  lonstrnclions—  he 
one  .safe.  Ihc  other  dangerous ;  the  one  precipe,  the  other  iiidel.iiile-l  proler  that 
which  is  safe  and  precise.  I  had  rather  ask  an  enlatgement  ol  power  from  he  na- 
tion where  it  is  found  necessarv,  tlian  lo  assume  it  hy  a  lonstriietion  ihat  would  m.nke 
our  powers  boundless.  Our  peculiar  securily  is  in  Ihe  possession  ol  a  wrllten  consti- 
lutiou.  Lei  us  not  make  it  a  blank  paper  by  eonslruclion.  I  stiy  the  same  as  to  the 
opinion  of  those  who  consider  the  grant  of  the  Irealv  making  power  as  bound  ess.  II 
it  is  then  we  have  no  constitution.  II'  it  ha-  hounds,  they  can  be  no  olheisi  Ihan  the 
definilions  of  the  powers  whiidi  that  inslruinenl  gives,  II  spceihes  and  delineates  the 
operations  pcrraitled  lo  ilio  federal  government,  and  gives  all  the  powers  necessary  to 
carry  these  into  execution.  Whatever  of  these  enumerated  oliiects  is  proper  lor  a  law, 
Coii«ress  may  make  the  law  ;  whatever  is  pro|ier  lo  he  executed  by  way  o  a  treaty, 
Ihe  President  and  Senate  may  enter  into  the  treatv  ;  wlialever  is  to  be  done  bv  a  judi- 
cial sentence,  the  judges  miiy  j.ass  the  sentence.  Nothing  is  more  likely  lli,an  ihat 
their  enumeration  of  iiowers  is  defective.  This  is  the  ordinary  case  of  all  human 
works.  Let  us  go  on,  llien,  perfecting  it,  by  adding,  by  way  ol  amendment  to  the 
constitution,  those  powers  which  time  and  trial  show  are  still  wanting," 

I  am  aware,  s'r,  that  these  letters  have  heretofore  been  frequently 
referred  to,  but  they  have  sueh  a  direct  bearing  on  the  suljject  I  am 
eonsidering,  that  I  shall  be  excused  for  calling  your  attention  to 
them  at  this  time. 

Nor  was  this,  sir,  the  opinion  of  that  distinguished  statesman 
alone.  Similar  views,  I  am  satislied,  were  entertained  by  Mr, 
Madison,  and  I  know  thai  the  venerable  John  Quincy  Adams 
avowed  tind  maintained  the  same  opinions;  and  sueh  indeed  were 
■  the  sentiments  of  many  of  our  ablest  and  wisest  statesmen  at  the 
time  of  the  acquisition  of  Louisiana.  General  acquiescence,  sub- 
sequently, seems  to  have  made  it  a  part  of  the  constitution,  that 
the  treaty-making  power  may  annex  foreign  territory  to  the  Uni- 
ted States. 

The  next   tietpiisition  of  territory  was  that  of  Florida,  which. 
Senators  will  bear  in  mind,  was  also  eHected  by  treaty.     Recently, 
ami  lastly,  came  the   annexation  of  Texas.     In  this  last  instance, 
however,  the  Ireatymakiiig  power  having  heen  appealed  to  in  vain, 
a  more  summary  mode  of  proceeding  was  adopted  to  evade  the  re- 
striotions  hy  which   that  jKiwcr  was   Irainmelled,     The    two-third 
vote  was  found  inconvenient  by  the  friends  of  the   measure,  and  re- 
course was  had  to  annexation  by  joint  resolution,  whereby  the  new 
territory  was  made  a  part  of  our  Union,  and  that,  too,  in  this  body, 
by  a  bare  majority.     Treaties  require  a  two-third  vote  in  the   Se- 
nate, where  the  smaller  Sl.ates  have  equal  weight  with  the  larger; 
but  if  new  territory  can  be  annexed  to  the  Union   by  a  bare  major- 
ity of  liolh  Hiiuscs,  what  is  to  become  of  tlie  security  of  the  weaker 
members  of  the  old  eonfederaey,  whose  rights  may  thus  be  saeri- 
liced  by  the  atldition  of  States,  comparatively  without  population, 
whenever  it  may   suit  a  dominant    party   to  adopt   sueh  a  policy  ? 
We  had    gone  so  far  beyond  the  conslruclinn  |iut  iiiion  the  consti- 
tution by  Mr.  Jefferson,  as  to  believe  that  the  treaty-making  pow- 
er could  annex  foreign    territory;  but  it  lias  been,  I  think,  but  sel- 
dom contendeil  that  lorcign  territory  could  be  annexed  by  any  other 
mode.     The   federal  constitution   has  Iteen  regarded  as  a  compact 
between  the  original    States,  and,  whatever   the  operation  of  the 
contract  might  lie  in  other  respects,  tho  several  States,   be  their 
size  what  it  may,  were  to   have  an  e(|iial  representation  in   this 
body,     A  vote  of  two-tliirds  being  reipiired  to  sanction  a  treatv  for 
tho  acquisition  of  territory,  there  would  always  be  something  like 
safety  in  a  treaty  ratilied  hy  the  Senate,     When  tlie  proposition  to 
annex  Texas  was  presented,  the  constitutional  majority  could  iicit 
be  obtained,     iiut  the  democratic   party    at   the    Haltmiore    Con- 
vention had  made   annexation   one  of  tho  great   issues  of  the  Pre- 
sidential   election,  and  it  was    necessary    that  tho   decrees  of  that 
convention  should  be  carried  into  efl'ect.     The  decree  was  aceord- 
inglv  executed  in    the  shape  of  joint  resolutions;  and  thus  was  the 
check    and   safeguard  provided   by  the  constitution  broken   down, 
and  the  new   principle  es'ablishoil,  that  foreign   territory  may  be 
annexed  by  the  passage  of  joint   resolutions  by  the  two    Houses  of 
Congress,  with  the  approbation  o(  the  President,     One  would  have 
thought  that  this  was  going  quite  far   enou^rli,  ,ind   that  we  ought 
to  pause  here.     But  no.  sir;  we  are  now   reiiuired  to  take  another 
and  a  bolder  step,  and  to  recognize  the  principle  that  foreign    ter- 
ritory— territory  which  has  never  been  the  property  of  this  country 
— may  be  acquired  and  incorporated  into  this  Union  by  the  mere 


rir'ht  of  conquest.  However  barbarous  this  mode  of  acquisition 
mTiy  be.  it  cannot  be  denied  that  it  has,  to  a  certain  extent,  been 
re'cotrnized  under  other  forms  of  government.  But,  sir,  I  do  deny, 
ihatrunder  our  constitutional  compact,  under  the  bond  entered  into 
by  the  States  with  each  other,  permanent  acquisition  of  territory 
can  thus  be  made.  „  ,  „  111 
I  will  not  trespass  further  upon  the  time  of  the  Senate  by  dwel- 
ling on  this  branch  of  my  suhject,  but  will  now  proceed,  sir,  to  con- 
sider the  third  question,  upon  which  I  propose  to  make  a  few  re- 
marks  the  expediency  of  the  proposed  annexation  of  new  territo- 
ry, beyond  the  limits  of  our  present  possessions. 

The  annexation  of  any  portion  of  Mexico  to  this  Union  is,  in  my 
opinion,  to  be  deprecated,  (irst,  and  principally,  because  wc  can 
effect  no  annexation  without  raising  a  question  which  we  cannot 
but  consider  the  most  dangerous  that  can  possibly  bo  agitated  in 
this  country.  I  refer  to  the  question  of  slavery.  On  this  subject, 
sir,  we  have  before  us  resohitions  from  various  States,  expressing 
their  decided  opposition  to  the  extension  of  the  area  of  slavery, 
which  may,  anil  probably  will  follow,  and  be  consequent  upon,  any 
aciiuisitioii  of  Mexican  territory.  I  am  aware  that  the  policy  in- 
dicated hy  these  resolutions,  and  by  tho  Wilmot  Proviso,  as  it  is 
called,  has  been  termed  an  "  aggressive  policy,"  on  the  part  of  the 
free  States.  In  behalf  of  those  States,  at  any  rate  the  one  from 
which  I  come.  I  beg  leave  to  deny  that  the  policy  can,  justly,  be 
termed  "  aggressive,"  It  is  the  course  indicated  by  a  due  regard 
to  their  safety  and  the  protection  of  their  rights  and  interests. 

The  ordinance  of  1787,  made  under  the  old  confederation,  was 
intended  to  settle,  and  regarded  as  settling,  the  whole  question,  as 
lo  tlie  States  of  this  Union  in  which  slavery  should  be  permitted  lo 
exist.  This  was  the  ordinanee,  forever  "  unalterable  but  by  com- 
mon consent,"  in  full  force  when  the  constitution  was  framed  and 
adopted.  The  constitution  was  ratified  with  reference  to  it.  It 
was  reg.arded  as  a  part  of  the  compact,  and  one  of  the  early  acts 
of  the  first  Congress  under  tliat  constitution  was  a  recognition,  or, 
rather,  adoption  of  it,  as  an  existing  fundamental  law. 

Among  the  most  im])ortant  subjects  of  discussion  m  the  conven- 
tion which  formed  the  constitution  was  the  distribution  of  power 
among  the  States.  The  representation  of  the  slave  population  was 
a  matter  of  comiiromise  between  the  States,  Neither  the  free  nor 
slaveholding  States  looked  to  the  acquisition  of  any  territory  beyond 
the  limits  of  the  States  and  territory  then  in  existence.  To  that 
compromise  we  conscientiously  adhere.  We  hold  fast  to  the  spi- 
rit and  intent  of  the  constitution.  We  have  already  submitted  to 
the  introduction  of  new  States,  in  which  slavery  is  tolerated,  which 
have  been  created  out  of  foreign  territory,  and  which  were  never 
contemplated  by  the  framers  of  the  constitution.  Wo  have  recent- 
ly actptiesced  in  an  addition  to  our  slaveholding  territorv,  by  the 
annexation  of  Texas,  larger  than  eight  or  nine  of  the  old  thirteen 
States,  and  out  of  which  new  States  are  to  be  created. 

Wc  say  to  the  South,  we  can  go  no  further.  The  free  States 
take  this'  ground.  We  want  no  more  territory.  We  have  had 
enough  of  the  introduction  of  new  slaveholding  States  from  foreign 
teiritciry,  acquired  since  the  adoption  of  the  constitution.  Wo  can- 
not consent  to  go  beyond  the  jioint  at  which  we  have  already  ar- 
rived. Our  views  upon  this  question  are  difTerent  from  yours;  we 
claim  to  be  as  conscientious  as  vou;  we  regard  slavery  as  a  great 
moral  evil,  and  cannot  consent  to  its  further  extension.  We  regard 
the  institution  of  slavery,  not  only  as  a  moral  evil,  but  we  look 
upon  it,  also,  as  a  great  political  evil.  The  people  of  the  .southern 
States  are  represented  in  Congress,  not  according  to  their  populii- 
tion,  lint  in  aecord.anee  with  the  amount  of  their  property.  This 
is  a  political  evil,  to  the  increase  of  which  we  cannot  consent. 

On  the  other  hand,  gentlemen  tell  us  that  a  restriction  will  ne- 
ver be  submitted  to  by  the  South.  Each  party  is  equally  po.sitive, 
and  conceding  that  both  arc  equally  honest  hi  the  assertion  of 
what  they  conceive  to  be  their  rights,  is  it  not  evident,  that,  with 
the  feelings  which  are  manifestetl  on  this  subject,  you  hazard  the 
safety  of  ihe  Union,  by  the  contemplated  addition  to  your  limits, 

I  have  before  referred  to  the  resolutions  and  amendment  of  the 
Senators  from  New  York  and  Florida,  [Mr.  Dickinson  and  Mr, 
YuLEF.,]  on  this  subject,  and  already,  in  anticipation  of  what  is 
looked  for  as  the  result  of  this  war,  has  this  question  been  debated 
here.  What,  then,  1  would  ask,  .sir,  is  the  true  and  patriotic  course 
to  be  pursued  ?  Wliv,  to  acquire  no  more  territory,  and  thus  avoid 
this  element  of  striib  and  discord.  You  h.ivc  already  territory 
enough,  extending  itself  throughout  every  variety  of  soil  and  cli- 
mate, Ood  has  blessed  you  with  what  is  sufiicient — why  then  do 
you  desire  to  add  to  your  wide  possessions?  Will  it  enhance  your 
ptiwer  and  importance  as  a  nation?  No,  sir  ;  years,  if  not  centu- 
ries, must  roll  by,  before  your  population  can  occupy  the  territory 
which  you  now  possess.  Then  why  adopt  a  course  Ihat  cannot 
fail  to'agitate  our  Union  to  its  very  centre  ?  Why,  sir,  I  weuld 
ask,  shall  wc  force  upon  ourselves  this  fearful  issue  ?  For  myself, 
I  can  see  no  jiossiblc  good  that  can  arise  from  it,  whilst,  on  the 
other  hand.  1  cannot  avoid  seeing  that  it  is  pregnant  with  mis- 
chief, and  fraught  with  evils  of  the  most  dangerous  and  appalling 
character. 

But,  sir,  there  is  another  and,  perhaps,  not  much  less  important 
point  of  view,  in  which  this  matter  is  to  be  regarded.  Looking  to 
the  probability  that  wc  are  to  be  encumbered  with  the  whole  of 
Mexico  ;  that  "  manifest  destiny,"  or  some  other  equally  potent 
cause,  is  to  force  us  to  the  embrace  of  this  loathsome  "'dead  oody" 
— looking  to  the  probability  of  such  being  the  result  of  the  inea- 
sures  proposed  by  the  President  of  the  United  States,  I  am  led  to_ 
another  consideration.  There  are  in  Mexico,  with  a  population  ol 
8,000,000,  about  5,000,000  of  Indians,     These  Indians,  sir,  are 


February  18. J 


THE  TEN  REGIMENT  BILL. 


315 


free  men,  and  under  our  form  of  government  must  be  permitted  to 
enjoy  the  rights  wtiieli  belong  to  freemen.  They  are,  it  must  be 
granted,  an  ignorant  and  uneducated  race;  but  what  of  that  ?  You 
cannot,  on  that  account,  refuse  them  the  exercise  and  enjoyment  of 
these  rights.  This  reasoning,  it  will  be  borne  in  mind,  applies  to 
a  portion,  as  well  as  to  the  wliole  ot'  Mexico.  Annex  them,  sir, 
and  make  them  a  portion  of  your  countrymen,  .'ind  what  will  you 
do  with  them  ?  Besides  these  five  millions  of  Indians,  you  wdl 
perhaps  have  two  millions  more,  belonging  to  the  mixed  races,  or 
castes,  as  they  arc  called,  varying  iii  ecdor  and  possessing  every 
variety  of  eom|)lcxion.  What  will  you  do  wilh  this  population  ? 
Will  our  frii^nds  from  the  South  agree  that  this  portion  of  your 
American  population,  as  it  will  then  be,  shall  have  all  the  rights  of 
freemen  conferred  upon  them  ?  Are  they  prepared  for  this  ;  and 
■  are  they  ready  to  endow  them,  among  other  rights,  with  the  right 
of  being  eligilde  to  seats  in  the  two  Houses  of  Congress? 

Mr.  FOOTE. — If  the  Senator  desires  a  reply,  I  would  say  that 
1  should  he  wholly  unwilling  to  confer  upon  them  political  rights  at 
present;  :md,  I  will  add,  that  since  1S35,  not  a  single  one  of  them 
has  been  in  the  enjoyment  of  those  rights. 

Mr.  GREENE. — I  believe  the  authorities  differ  upon  that  point. 
However,  be  that  as  it  may,  it  is  unnecessary  to  discuss  that  ques- 
tion at  present.  The  lionoriihlo  Senator  would  not  have  them  on 
this  floor  immediately,  hnt  it  would  come  to  this  result  eventually. 
You  must  give  them  the  rights  of  citizens,  and  it  matters  but  little 
whether  it  be  done  now,  or  twenty  years  hence.  They  will  not, 
in  the  meanwhile,  change  their  complexions,  their  habits,  nor  their 
natures,  although  they  may  be  somewhat  better  informed. 

I  do  not  know  what  terra  of  probation  they  would  have  to  sub- 
mit to,  but  one  thing  I  do  know,  which  is,  that  if  you  annex  these 
people  by  cuiuiuest,  or  by  treaty,  and  do  not  extend  to  them  the 
rights  of  other  citizens,  you  violate  one  of  the  principles  which  lie 
at  the  foundation  of  our  free  inrtitutions — one  of  the  earliest  prin- 
ciples avowed  by  the  framers  of  our  constitution — -the  right  of  self- 
government.  Will  you  deny  to  them  this  right?  You  cannot  do 
so.  I  would  be  an  utter  violation,  I  repeat,  of  the  great  principle 
upon  which  this  government  is  based,  that  all  government  is  of  the 
people  and  emanates  from  them.  To  deny  to  these  people  the 
rights  of  citizens,  wouldi)e  an  outrage  upon  the  principles  on  which 
our  revolution  was  founded. 

Mr.  SEVIER. — Do  I  understand  the  honorable  Senator  to  say, 
that  there  are  two  millions  of  blacks  in  Mexico  ?  There  are  but 
tijOOO  negroes. 

Mr.  GREENE. — My  authority  is  the  Senator  from  Tennessee. 

Mr.  BELL. — The  Senator  was  speaking  of  castes. 

Mr.  SEVIER. — In  regard  to  the  negroes  and  Indians,  they 
have  never  exercised  the  right  of  voting;  they  are  prohibited  by  the 
constitution,  unless  they  have  been  taxed. 

Mr.  GREENE. — In  some  instances  a  property  nualilication  is 
required. 

Mr.  FOOTE. — According  to  Mr.  Jeflerson,  as  cited  by  the 
Senator  from  Rhode  Island,  it  was  inexpedient  to  permit  any  but 
"  the  white  inhabitants''  to  enjoy  the  rights  of  citizenship  in  Lou- 
isiana.    Does  the  Senator  concur  with  his  own  chosen  authority  ? 

Mr.  GREENE. — The  Senator  may  have  so  understood  me,  but, 
if  he  were  acquainted  with  the  history  of  ray  political  life,  he 
would  not  suiipose  that  I  concurred  with  Mr.  Jeflerson  in  every 
thing.  I  do  concur  in  some  of  the  views  which  lie  has  expressed 
in  regard  to  the  constitution;  but,  I  must  say,  that  I  have  agreed 
but  seldom  with  him  upon  matters  of  state  policy.  I  referred  to 
him  as  being  high  authoritj',  and  particularly  on  account  of  his 
having  l)ccn  the  projector  of  the  acquisition  of  Louisiana.  I  also 
referred  to  Mr.  Adams,  and  other  great  men  of  that  period,  I 
gave  the.se  opinions,  coming  from  diflercnt  sources,  in  order  to 
show  you  the  doubts  which  then  existed,  with  reference  to  the 
power  of  making  additions  to  the  established  limits  of  our  country. 

But,  sir,  one  of  the  projects  under  contemplation  seems  to  be,  to 
hold  Mexico  as  a  "territorial  appendage."  I  will  not  anticipate 
what  my  honorable  friend  from  Indiana  has  to  say  upon  that  sub- 
ject. I  have  simply  to  remark,  that  if  you  attempt  to  hold  any 
portion  of  Mexico  by  conquest,  it  involves  the  necessity  of  kccpintr 
on  foot  a  large  standing  army.  No  one,  who  will  reflect  for  an  in- 
stant on  the  character  of  the  people  of  Mexico,  can  suppose  that 
you  will  be  able  to  hold  that  country  as  you  do  Louisiana  and  Flor- 
ida. The  possession  of  their  territory  will  make  it  necessary  to 
keep  up  a  standing  army,  which  standing  army  cannot  be  less  than 
the  force  with  which  you  bave  conquered  the  whole  country. 

A  single  word  now,  sir,  in  reference  to  the  proposed  increase  of 
the  army,  and  I  shall  cease  to  occupy  your  time  and  attention.  I 
say  then,  sir,  that  according  to  the  view  which  I  have  taken  of 
thi.s  question,  the  increase  of  the  army,  as  proposed  by  the  bill  un- 
der consideration,  would  tend  to  make  the  ditriculties  of  our  posi- 
tion greater  than  they  now  are,  and  to  protract  the  wai'.  You 
have  in  Mexico  at  present  an  army  of  about  45,000  men ,  and  you 
have  the  power,  under  existing  laws,  to  enlist  an  additional  foVee 
of  8,000.  Without  this  bill  you  have  authority  then,  already,  to 
keep  an  army  of  over  50,000  men  in  Mexico.  With  a  force  of 
12.000  men,  you  have  conquered  a  great  portion,  and  the  most  val- 


uable portion  too,  of  her  territory.  This  is,  I  believe,  about  the 
number  of  troops  that  were  landed  at  Vera  Cruz.  With  an  army 
of  only  6,000  men.  you  have  entered  and  become  possessed  of  her 
capital.  Her  irovernment  is  entirely  prostrated  and  powerless — 
her  army  is  dispersed — she  has  no  power  to  raise  money,  and  no 
spirit  to  raise  men — and,  in  the  face  of  all  this,  you  now  ask  au- 
thority to  organize  ten  new  regiments  of  regul.-irs  and  twenty  of 
volunteers,  to  enable  you  to  retain  possession  of  that  which  you 
have  acquired,  and  to  make  further  conquests. 

It  appears  to  mc,  sir,  perfectly  evident,  that  this  increase  cannot 
bo  necessary  for  any  legitimate  object;  any  object,  at  least,  in  pro- 
raotin"  which  I  can  concur.  If  you  per*evero  and  subjugate  the 
rest  of  Mexico,  and  annihilate  oven  the  shadow  of  a  government? 
that  IS  left  to  her,  with  whom  are  you  to  negotiate?  What  jiower 
on  her  part  will  there  be  to  make  a  treaty?  You  can  institute  no 
authority  which  can  give  any  sort  of  permanence  to  any  treaty 
that  may  be  made  with  you.  You  may.  it  is  true,  send  ont  your 
armies  and  take  jiossession  of  the  remaining  States;  but  of  what 
avail  will  it  be,  imless  you  continue  your  military  oceupatif)n  of 
them?  These,  sir,  arc  questions  which  force  themselves  upon  our 
attention.  You  will  not  have  a  peace,  but  you  will  have  the  whole 
of  Mexico;  and,  as  the  Senator  from  Mississippi  very  properly 
asked,  "what  will  yon  do  with  it?''  I  am  very  much  afraid,  sir, 
that  honorable  Senators  on  the  other  side  of  the  chamber  will  have 
so  prepared  the  public  mind  for  such  a  state  of  thing.s — will  have  so 
encouraged  the  land-loving  disposition,  which,  wc  are  told,  is  so  ir- 
resistible in  its  power,  and  so  characteristic  of  our  countrymen, 
that  when  our  people  are  asked  what  shall  bo  done  with  it,  the  an- 
swer of  too  many  of  them  will  be — "annex  it,"  "'annex  it."  Of 
all  evils  that  can  befall  this  eourury,  Mr.  President,  this,  in  my 
opinion,  would  be  the  greatest.  Regarding  it  as  such,  and  lookin" 
to  the  probability  of  such  a  result,  growing  out  of  the  measures 
proposed  by  the  Executive,  I  cannot  sanction  these  measures.  I 
would  vote,  as  readily  as  any  gentleman  on  this  floor,  for  any  sup- 
plies of  men  and  means  necessa>-y  for  the  safety  of  the  gallant 
spirits  who  compose  the  army,  ili<l  I  believe  them  to  be  in  any 
danger.  I  shrink  from  no  responsibility  that  may  be  incurred  in 
taking  proper  care  of  them;  but  under  the  present  aspect  of  allairs, 
it  is  not  my  intention,  nor  do  I  think  I  can  be  induced,  by  any  con- 
sideration, to  vote  for  any  increase  of  the  military  force  of  the 
countiy. 

Mr.  MASON  took  the  floor,  and  moved  that  the  Senate  adjourn — 
but  afterwards  withdrew  the  motion. 

PRIVATE    BILL. 

Mr.  BALDWIN,  from  the  Committee  of  Claims,  to  whom  was 
referred  the  petition  of  J.  W.  Nye,  assignee  of  I'eicr  Bar"v  and 
Hugh  Stewart,  submitted  a  report  accompanied  by  a  bill  Tor  his 
relief. 

The  bill  was  read,  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

INVIOLABILITY    OF   FRANKS. 

Mr.  BADGER  submitted  the  following  resolution  for  x;onsidcr- 
ation  : 

Resolred.  Tlial  llie  Committee  on  tlie  Post  Ofjice  and  Vo^l  Ho.iils  be  in.slructt-d  to 
inquire  into  llie  propriply  and  necessity  of  jiroviding  by  law,  tliat  no  frank  of  aoy  letter 
or  patia't.  otliervvise  valid,  sliall  l)elield  or  treated  as  in\aliii  by  reavon  of  the  direction 
of  sucli  paeket  or  letter  being  in. a  band  writing  dilTeren!  from  tliat  of  tbe  frank. 

Mr.  BADGER  asked  for  its  immediate  consideration. 

The  Senate  proceeded  to  the  consideration  of  the  resolution,  by 
unanimous  consent. 

Mr.  BADGER. — I  desire  to  make  a  single  remark  by  way  of 
showing  the  necessity  for  the  adoption  of  tliis  resolution.  As  the 
law  at  present  stands  all  letters  and  jiackages,  uniler  the  weight 
of  two  ounces,  may  be  sent  and  received  by'mcmbers  of  Congress 
free  of  postage.  The  Post  Oflfice  Department  has  introduced  a 
proviso  into  this  law.  providing  that  members  who  frank  letters 
and  documents  shall  also  direct  them.  This  is  an  unwarranted  inter- 
ference. It  is  a  proviso  not  contained  in  the  law.  It  is  a  serious 
inconvenience,  and,  in  my  humble  opinion,  is  a  gross  indignity 
to  members  of  this  body.  A  gentleman,  who  is  a  member  of  the 
other  House,  showed  me,  to-day,  a  package  which  he  had  sent  to 
his  sister  at  school.  Tbe  frank'  had  been  stricken  ofl',  and  postage 
charged,  although  both  the  frank  and  the  direction  were  written 
by  himself,  as  he  tells  me,  with  different  pens.  ■ 

Mr.  WESTCOTT.— The  Postmaster  General  has  rectified 
this  matter  some  days  since.  It  will  do  no  harm  to  any  body,  but 
there  is  no  necessity  for  any  action.  Some  days  since-,  I  was  in- 
formed, letters  wTitten  for  mc,  and  at  my  request,  and  on  my 
business,  public  anil  private,  by  a  friend  and  constituent  who  was 
here,  because  directed  by  him,  though  frankeil  liy  me,  were  charged 
with  postage,  and  my  frank  erased.  I  felt  indignant  at  it  as  an 
outrage.  On  enquiry,  I  found  the  same  rule  ha«,l  been  adopted  as 
to  all  members  of  Congress.  Supposing  it  %vas  the  fault  of  the  city 
Postmaster,  or  his  clerks,  I  called  at  the  General  Post  Office,  to 
have  them  instructed  properly;  and  the  Postmaster  General  being 
awaj-,  I  saw  Mr.  Brown,  the  lirsi  assistant,  and  complained  of  the 
erasure  as  unlawful.  Subsequently,  a  few  days  ago,  the  city  Post- 
master inlormed  me  that  he  had  received  instructions  to  let  all 
franked  letters  and  documents  pass,  whether  directed  by  the  person 
pranking  or  not. 


316 


INVKM.ABILITY  OF  FRANKS,  ETC. 


[Fr 


IDAY, 


Mr.  BADGER. — Documents, not  iLtter;. 

Mr.  WESTCOTT.— No,  sir— letters  and  documents  Imtli.  1 
was  partii'iilar  in  iny  enquiry,  and  lie  expressly  told  mo  the  instruc- 
tions ajjjilied  to  both. 

Mr.  BADGER.— All  that  is  desired  to  he  attained  by  the  reso- 
lution now  presented  is,  that  we  shall  all  stand  upon  the  same 
footiniT  as  the  Senator  from  Florida.  If  it  has  been  rcutified  in 
regard  to  him,  let  it  be  so  generally. 

Mr.  UNDERWOOD.— I  merely  rise  to  state  that  perhaps  I 
have  as  much  reason  to  complain  of  post  oflice  regulations  as  any 
member  of  tliis  body.  I  have  suffered  from  them  a;reviously. 
When  I  was  a  member  of  the  other  house,  my  constituents  were, 
on  one  occasion,  eliar<Ted  six  hundred  dollars  for  a  few  speeches 
which  I  franked  to  them.  It  was  done  in  this  way  :  I  wrote  the 
frank  and  got  my  wife  to  direct  them;  I  left  the  city  in  the  morn- 
ing and,  as  I  was  afterwards  told,  the  speeches  were  not  sent  to 
the'post  office  until  the  next  d.ay.  The  Iranks  were  all  erased,  and 
those  to  whom  tliev  were  sent  were  charged  a  dollar  and  a  quar- 
ter postai'O  on  ea'ch,  amounting  to  about  six  hundred  dollars. 
Thus  thisltmount  was  taken  from  my  district  by  the  assumption  of 
the  post  ofliee  to  degrade  mo  by  refusing  my  frank.  The  enve- 
lopes a  great  many  of  them,  were  sent  back  to  me  to  show  the 
abuse  that  had  been  practiced  by  the  post  office.  I  have  made  it 
a  ruJe  since  I  have  been  in  Congress,  never  to  frank  for  others. 
Durin"  the  last  summer,  conceiving  that  I  had  a  right  to  send  and 
receive  all  my  letters,  free  of  postage.  I  franked  those  which  I  sent  to 
Louisville,  and  I  was  afterwards  informed  that  the  franks  were 
erased  and  postage  charged  regularly.  Another  gentleman  has 
told  me  that  he  was  served  in  the  same  way.  It  is  a  palpable 
misconstruction  of  the  law;  and  it  is  really  time  that  we  should 
take  the  subject  imder  our  consideration  and  prescribe  a  remedy. 

Mr.  CASS. — What  is  the  purpose  of  the  resolution  ?  Is  it  an 
enquiry  whether  the  law  has  been  violated  ? 

Mr.  BADGER  — The  object  is  to  change  the  law  and  render  it 
more  explicit. 

Mr.  CASS. — Why  the  law  is  clear  in  it  itself,  is  it  not? 

At  the  request  of  several  Senators  the  resolution  was  again 
read  by  the  Secretary. 

Mr.  CALHOUN. — I  really  doubt  the  propriety  of  adopting  this 
resolution.  There  is  no  authority,  as  I  understand,  by  w^hicb  the 
Postmaster  General  is  authorized  to  put  such  a  construction  as  he 
may  tliink  proper  upon  a  law  of  Congress.  The  resolution  ought 
to  be  in  the  form  of  an  assertion  of  our  rights. 

Mr.  BADGER. — I  will  clieerfully  concur  in  any  resolution 
which  the  honorable  Senator  from  South  Carolina  may  think  pro- 
per to  propose  in  regard  to  this  matter,  which  will  secure  to  us 
our  rights.  And  I  will  go  further,  and  express  a  clear  and  deci- 
ded condemnation  of  the  practice  on  the  part  of  any  officers  of 
this  o-overnment  of  not  only  interpreting  oui  laws  in  a  way  to  suit 
their  own  views,  but  of  amending  them.  I  would  make  it  an  of- 
fence, punishable  m  a  high  degree,  upon  prosecution  in  the  Courts 
of  the  UuStrd  States,  in  case  any  Postmaster  should  dare  to  charge 
postage  upon  letters  that  are  franked  by  those  who  are  entitled  to 
the  franking  privilege. 

Mr.  CALHOUN. — I  submit  to  the  honorable  Senator,  whether 
or  not  the  right  exists  on  the  part  of  any  officer  of  the  ^'ovcrn- 
ment  to  put  his  own  interpretation  upon  a  law  of  Congress.  I 
am  not  aware  that  it  is  so  I  would  suggest  as  the  proper  course 
to  be  pursued,  to  call  upon  the  Postmaster  General  to  state  upon 
what  principle  it  is  that  he  gives  the  construction  to  the  law  which 
he  has  given;  and  after  we  have  received  a  reply  from  him,  then 
let  a  resoluticui  be  passed  indicative  of  the  scn.se  of  this  body  in 
regard  to  it. 

Mr.  SEVIER.— I  think  that  if  Senators  will  take  the  trouble  to 
look  at  the  law,  they  will  find   that  the   Postmaster  has  done  ex- 


actly what  the  law  requires,  yet  I  am  in  favor  of  the  resolution.  I 
had  my  attention  called  to  this  subject  last  year.  1  had  occasion 
to  send  a  letter  to  Alexandria.  The  Postmaster  there  disregard- 
ed my  trank  ;  I  wrote  him  rather  a  warm  letter  ;  and  he  came  up 
and  took  the  trouble  to  look  out  the  provisions  oi  the  law,  and  the 
result  was  that  I  apoligised  for  the  trouble  I  had  given  him.  If 
Senators  will  look  at  tiie  law,  I  think  they  will  be  satisfied  that 
the  construction  given  to  it  is  right  ;  and  I  admit  that  it  ought  to 
be  modified,  for  it  is  impossible  for  us  in  all  cases  to  direct  our 
documents  ourselves. 

Mr.  BADGER. — I  think  that  the  .Senator  is  under  a  misappre. 
hension.  An  alteration  has  been  made  in  regard  to  the  franking 
privilege  by  an  act  of  last  session. 

Mr.  BaDGER  quoted  from  the  act. 

Mr.  NILES. — ^I  concur  entirely  with  the  Honorable  Senator 
from  South  Carolina.  My  opinion  is  that  the  law  is  correctly 
construed,  and  that  probably  it  will  be  right  to  remove  the  difli- 
culty  which  the  Senator  has  alluded  to  by  an  enactment.  If  the 
department  has  given  an  illiberal  construction  to  the  law  it  may  be 
necessary  to  pass  a  ilcelaratory  act.  I  know^  how  the  law  was 
formerly,  as  I  had  the  honor  to  be  for  a  short  time  in  the  depart- 
ment. The  question  has  never  been  considered  there  as  turning 
upon  the  circumstances  of  directing  the  letters  or  packages  ;  it  has 
been  placed  on  a  more  substantial  foundation,  and  that  is  whose  act 
is  the  sending  of  the  document  ?  If  a  document  is  sent  and  the  de- 
partment is  satisfied  that  it  cannot  be  the  act  of  the  person  whose 
I'rank  it  bears,  postage  is  very  properlv  charged.  The  mere  fact  of 
getting  another  individual  to  do  the  writing  however  does  not 
change  the  act  so  far  as  the  sending  the  letter  or  the  document  is 
concerned  ;  it  remains  the  act  of  the  person  franking  it,  and  has  al- 
ways been  so  regarded.  I  apprehend  that  the  law  is  right  as  it  is  ; 
but  I  have  no  objei-tiou  to  enquire  whether  any  amendment  may 
be  made,  though  I  would  cot  assume  that  it  is  wrong. 

Mr.  FOOTE  earnestly  deprecated  adjudication  without  inves- 
tigation. He  hoped  that  the  Senate  would  never  despise  the  great 
principle  of  justice  embodied  in  the  saying — "strike  but  first  hear 
me." — 

The  resolution  was  then  agreed  to. 


CHEROKEE    CO.AIMISSIONERS. 


Mr.  BAGBY    submitted   the    following   resolution, 
considered,  by  unanimous  consent,  and  agreed  to: 


wliich  wa 


Itcsoh-ed,  Tlint  (lie  Sccrct.-iry  of  War  t>n  retiuesleil  to  transmit  to  llie  t!Pnate  ttie 
\(,luiiins  LOntaiiiiiis  till'  iiioi-iTitiiiiis  of  IMc^sts.  liatoii  ami  liubli-y.  lOnimissionen* 
iiiiiliT  Ilif  treaty  of  !H,'1.5  ami  IS'3ti,  between  the  I'nitcH  Slates  ami  tlic  Cherokee  nation 
iifliliiiaii-. 

REPORT  FROM  THE  WAR  DEPARTMENT. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the 
Secretary  of  War,  communicating  aiireeably  to  law,  a  report  of 
the  Second  Comptroller,  showing  tlie  appropriations,  under  the 
direction  of  the  department,  for  the  fiscal  year  ending  30th  June, 
1847;  the  amount  drawn  from  the  treasury;  and  the  balances  on 
the  1st  July,  1847;  which  was  read  and  ordered  to  be  printed. 

CONStJI,  BLACK. 

The  bill  for  the  relief  of  John  Black,  Inte  Consul  of  the  United 
States  at  the  city  of  Mexico,  was  read  the  second  time  and  con- 
sidered as  in  Commitjee  of  the  Whole,  and  no  amendment  being 
made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Resolved,  That  il  |ias*.  anil  tlial  tlie  title  thereof  be  as  aforesaiil. 

Ordered,  That  the  Secretary  request  the  concurretico  of  the 
House  of  Representatives  in  this  bill. 

On  motion 

The  Senate  adjourned. 


February  21.] 


THE  HEIRS  OF  JOHN  PAUL  JONES. 


317 


MONDAY,  FEBRUARY  21,  1848. 


MESSAGE    FROM    THE    HOUSK. 

The  followinc;  messa^o  was  reueived  from  the  House  of  llcpie. 
bcrUatives,  by  Mr.  Campbell,  their  clerk: 

.Mr.  IVcsitleiit  :  The  House  of  RenrpsenlHtivi'S  liavp  |):l-<so(I  I.he  hill  of  the  Spiiiitp, 
entilied  "An  act  for  the  rclicrot'  llie  Iieirs  of  John  Paul  Jones,"  with  amendments,  in 
which  they  refine.st  tlie  concnrrcnce  of  llie  ticnale. 

JOHN  PAUL   JONES. 

The  Senate  proeceded  to  consider  the  amendments  made  iiy  tltc 
House  of  Representatives,  to  the  hill  for  the  relief  of  the  heirs  of 
John  Paul  Jones.  '■"' 

The  amendments  havinfj  hccn  read — 

Mr.  DAVIS,  of  Massachusetts,  moved  that  the  bill  he  referred 
to  the  committee 

Mr.  HANNEGAN  said  that  ihc  liill  did  not  originate  in  the 
committee  this  year,  and  in  the  peculiar  eircuiustanocs  of  the  ca.se 
was  passed  without  reference,  having  passed  both  Houses  last  ses- 
sion, and  failed  to  become  a  law  in  consequence  of  being  acciden- 
tally lost  in  the  lobby  on  the  way  to  the  President  for  his  signa- 
ture. Owin<j  to  the  courtesy,  not  to  say  a  sense  of  justice  of  the 
Senate,  it  was  passed  this  session  without  being  subjected  to  the  usual 
form  of  reference  to  a  committee.  The  claim  itself  had  undergone 
a  strict  investigation  on  tliese  occasions.  Twice  had  it  been  the 
subject  of  a  favorable  report,  and  it  had  again  passed  tlie  House 
by  a  large  vote  in  its  favor.  The  aniendnients  were  entirely  im- 
material, being  merely  verbal.  There  was  only  one  that  had  any 
substance,  and  that  made  an  exception  against  the  heii's  of  Capt. 
I.andrey,  who  have  received  their  share  of  the  original  claim. 
He  hoped  that  the  Senator  from  Massachusetts  would  withdraw 
his  motion  in  order  that  he  might  be  enabled  to  move  the  concur- 
rence of  the  Senate  in  the  amendments  of  the  House. 

Mr.  DAVIS  was  quite  aware  that  this  bill  had  received  the  ac- 
tion of  the  Senate  m  the  form  in  which  it  passed  at  the  last  session. 
Still  he  was  not  able  to  understand  the  bearing  of  the  amendments 
which  had  been  read.  He  eould  not  determine  without  some  ex- 
amination whether  they  were  important  or  not;  therefore,  without 
entertaining  any  hostde  feeling  to  the  bill  or  any  desire  to  delav  its 
final  passage,  he  believed  that  it  had  better  be  examined  by  a  com- 
mittee; at  least  that  was  his  impression,  although  if  the  Senate 
thought  otherwise  he  should  not  insist  on  his  motion. 

Mr,  HANNEGAN  then  rose,  but  yielded  to 

Mr.  BENTON,  who  inquired  if  the  motion  was  withdrawn? 

Mr.  DAVIS  replied  in  the  negative,  and  added  that  it  woidd 
not  be  imless  the  general  sense  of  the  Senate  opposed  it. 

Mr.  BENTON  then  said  that  it  would  not  be  withdrawn  by  the 
imanimous  sense  of  the  Senate,  for  he  would  object  to  the  with- 
diawal  of  the  motion.  This  was  a  case  seventy  years  old — ap- 
proaching very  close  to  that — and  within  the  last  two  or  three  .ses- 
sions had  had,  at  least,  a  rapid  passage  through  the  two  Houses. 
Now  he  was  told  by  old  Senators  when  he  came  there,  that  he 
should  distrust  any  thing  that  went  rapidly  and  unanimously,  and 
their  philosophical  reasoning  was,  that  the  human  mind  was  so 
various  in  its  conclusions,  that  if  anv  case  wore  fidly  state*!  and 
presented  in  all  its  bearings,  there  would  be  dilicrence  of  opinion 
m  regard  to  it,  and  that,  therefore,  when  a  ease  jiassed  rapidly 
through  a  legislative  body  the  presumption  was  that  it  had  not 
been  fully  stated  and  attentively  examined.  He  was  not  in  his 
seat  when  this  bill  was  called  up  and  possed  through  the  Senate, 
without  the  observance  of  the  usual  forms.  Had  he  been  iji  his 
place  upon  that  occasion,  he  shoidd  have  moved  that  it  be  subiected 
to  all  those  forms  which  the  wisdom  of  legislators  had  provided  for 
the  protection  of  the  public  interests,  and  for  ensuring  sound  and 
wholesome  legislation.  Now,  with  respect  to  the  merits  of  this 
claim  he  knew  nothing.  But  he  did  know  one  thing:  that  onr  an- 
cestors, the  men  of  the  revolution,  were  just  men'.  He  doubted 
neither  their  justice  nor  their  patriotism.  They  were  also  wise 
men.  The  nien  of  the  revolution  constituted  a  body  of  men  rarely 
seen  on  the  face  of  the  earth — rarely  equalled  in  the  justice,  wis. 
dom  and  moderation  of  all  their  doings.  They  who  lived  during 
the  revolution,  and  were  cognizant  o{  all  that  occurred  dm'ing 
that  period,  soon  after  that  event — each  State  within  itself,  and 
the  general  government  by  assuming  an  atnount  perhaps  exceed- 
ing all  just  demands  against  it — settled  every  just  claim  upon 
them,  and  they  settled  precisely  as  every  man  settles  who  is  just, 
and  at  the  same  time,  poor.  They  settled  all  accounts  against 
them,  and  if  they  could  not  pay  they  gave  their  notes.  Certifi- 
cates were  given  in  every   case  in  which  they  thought   that   any 


thing  was  due;  and  his  reading  led  him  to  say,  that  in  the  gene- 
ral assumpsit  which  took  place  about  the  year  '04,  an  amount  over 
and  above  what  was  due  was  assumed  and  allowed  for  the  purpose 
of  covering  every  thing  which  generosity  even,  not  to  speak  of  jus- 
tice, demanded.  That  was  his  imdcrstanding  of  the  closing  up 
of  the  aflfairs  of  the  revolution,  and  with  that  understanding,  he 
looked  with  extreme  suspicion  upon  any  claim  that  was  now 
presented.  In  the  first  place,  such  a  claim  was  nothing  less 
than  an  impeachment  of  the  integrity  of  the  men  of  that  day; 
if  not  of  their  integrity,  at  all  events,  of  their  knowledge  of 
their  own  transactions  ;  and  assumed  that  they  of  the  third 
generation  knew  the  transactions  of  their  grandfathers  better  than 
they  did  at  the  time  when  these  transactions  took  place  I  He 
asked  what  would  become  of  Senators,  if,  at  the  end  of  sixty  or 
seventy  years,  their  children  shoidd  be  called  upon  to  pay  any  de- 
mand which  might  be  then  brought  up  against  their  ancestors  ? 
How  would  Senators  meet  a  claim  presented  against  them,  for 
transactions  sixty  or  seventy  years  ago,  on  the  part  of  their  grand- 
fathers ?  There  must  be  some  end  to  this  business.  Every  gene- 
ration was  charged  with  the  management  of  its  own  business.  Ho 
did  not  say  that  they  should  have  exactly  a  statute  of  limitation, 
but  he  said  that  that  principle  must  go  into  the  ad'airs  of  the 
whole  community,  otherwise  nothing  public  or  private- — nothing 
between  man  and  man,  or  nation  and  nation,  could  ever  be  regarcf- 
ed  as  settled.  It  was  a  just  principle,  that  they  who  lived  at  the 
time,  and  were  cognizant  of  the  transaction,  were  the  proper  per- 
sons to  settle  the  case.  There  was  great  danger  in  posterity  at- 
tempting to  open  transactions  which  had  been  passed  upon  by 
preceding  generations  He  hoped  that  the  bill  would  be  referred 
and  examined,  and  that  it  would  be  subjected  to  everv  form  which 
the  wisdom  of  legislators  had  devised  for  the  purpose  of  protecting 
the  public  interests  and  securing  sound  and  wholesome  legislation. 

Jlr.  H.VNNEGAN  desired  to  impure,  before  replying  to  the 
Senator  from  Missouri,  whether  it  reciuired  the  unanimous  consent 
of  the  Senate,  or  simply  a  majority,  in  order  to  obtain  a  considera- 
tion of  the  amendments  without  reference  7 

THE  PRESIDING  OFFICER,— A  majority  is  sufficient. 

Mr.  HANNEGAN  then  proceeded  to  say  that  the  opposition  of 
the  Senator  from  Missouri  lo  this  bill  appeared  to  rest  on  a  very 
singular  foundation,  for  he  had  assigned  no  reason  for  the  opposi- 
tion, except  the  age  of  the  claim,  telling  the  Senate  that  he  dis- 
trusted any  claim  which  presented  itself,  if  it  happened  to  be 
sixty  or  seventy  years  old.  The  Senator  had  remarked  that  the 
men  of  the  revolution  were  eminently  wi.se  and  eminently  just,  and 
that  they  took  care  to  protect  every  good  claim  against  the  gov- 
ernment of  that  time,  by  the  issue  of  certificates.  Well,  no  one 
valueil  more  highly  the  character  of  our  revolutionary  fithers 
than  he  himself — no  one  cherished  greater  veneration  for  their 
memory — no  one  rendered  more  willing  homage  to  their  justice 
and  sagacity.  But  it  was  to  be  presumed  that  the  history  of  the 
country  was  intelligible  to  those  who  read  it,  and  as  he  had  stated, 
committees  of  both  branches  of  Congress  as  he  had  stated,  had  ex- 
amined the  history  so  far  it  related  to  this  claim,  and  had  pronunced 
the  claim  to  be  just.  That  body  bad  unanimously  jironounced  it 
just.  Two  committees  ni  that  body,  after  a  most  thorough  inves- 
tigation, had  pronounced  it  just.  The  hill  had  twice  passed  the 
Senate  without  a  division.  It  had  passed  the  House  of  Represent- 
atives three  times,  by  an  almost  overwhelming  vote.  The  closest 
vote  yet  given  on  the  bill,  had  been  that  of  Fridav  last  in  the 
House,  and  on  that  occasion,  according  to  the  report  in  the  papers, 
there  was  a  majority  in  its  favor  of  twenty-two,  after  the  most 
strenuous  exertions  against  it.  It  was  the  singular  history  of  the 
bill,  at  the  last  session,  which  alone  exempted  it  from  the  usual 
forms  on  its  introduction,  at  the  commencement  of  the  present 
session.  A  sense  of  justice  and  of  propriety- — a  sense  of  honor 
and  of  honesty,  induced  the  Senate,  by  a  unanimous  vote,  diirin"' 
the  first  wei  k  of  the  session,  to  exempt  this  bill  from  those  or- 
dinary forms  of  legislation,  which  he  would  be  the  last  man  to  un- 
dervalue, or  lightly  disregard.  In  point  of  fact,  the  bill  was  a 
law,  if  ever  there  was  a  law  in  the  eye  of  God,  and  an  upright 
tribunal  on  earth;  and  hence  it  was,  that  the  Senate  did  unani- 
mously place  it  in  the  same  position  in  which  it  was  at  the  close  of 
the  last  session  of  Congress.  It  then  wanted  only  the  last  form 
prescribed  by  the  Constitution,  the  signature  of  the  President,  to 
become  technically,  as  it  was  substantially  the  law  of  the  land. 
It  was  lost  on  its  way  from  the  desk  of  the  Secretary  to  the  cham- 
ber in  the  Capitol,  in  which  the  President  was  engaged  in  attach- 
ing his  signature  to  the  bill,  which  had  been  passed  by  Congress. 
If  ever  any  claim  had  been  subjected  to  the  rigorous  examination 
and  scrutiny'  of  Congress,  this  was  that  claim;  and  if  ever  the 
prosecution  of  a  claim  resulted  in  unhappy  consequences  to  the  indi- 
vidual concerned,  it  was  in  this  case.   He  had  no  doubt  that  the  fate  of 


318 


THE  HEIRS  OF  JOHN  PAUL  JONEvS. 


[MoND.^ 


AY 


the  bill,  brought  to  an  untimely  grave,  one  of  the  most  accomplished 
and  estimable  irentlemen  that  lie  had  ever  met  with,  in  the  whole 
course  of  his  life.  That  unfortunate  man  had  set  his  heart  upon  ilic 
iullilment  of  his  clierished  lu>pes  ()f  justice,  which  he  soui^iit  at  tlie 
hands  of  Congress — there  the  last  stay  of  his  fortunes  was  lixfil — to 
that  he  had  devo  ed  all  his  ener<iies,  all  his  time,  all  liis  means 
After  two  years  of  indomitable  lalinr  on  his  part,  and  at  the  very 
moment  that  the  cup  approached  iiis  lips,  ihc  rude  hand  ol  late 
dashed  it  in  atoms  to  the  earth  I  The  shock  was  too  much  for 
him,  and  he  sank  into  the  grave  Icavint;  a  helpless  lainily.  Such 
were  the  cn-cumstances  in  wliich  the  Senate  had  seen  proper  to 
avoid  the  ordinary  rules  of  IcL'islation,  and  give  the  bill  a  direct 
passage  on  the  day  on  which  it  was  introduced.  As  to  the  merits 
ofthe  claim,  wliat  were  they?  He  held  in  his  hand  the  report  of 
the  committee,  which  was  on  the  lilcs  of  both  Houses.  It  gave 
compensation,  iiidemriily  for  piizes  caiiturcd  by  the  renowned  na- 
val hero — the  world-famous  Paul  .Foncs — captured  by  him  Irom 
the  British  government  in  the  war  of  the  revolution  and  iiridcr  the 
direction  of  Dr.  Franklin,  tiien  our  commissioner  in  France. — 
These  prizes  were  carried  to  the  port  of  Hcrgen,  in  Norway,  un- 
der the  dominion  of  Denmark.  Denmark,  in  violation  of  the  law 
of  nations,  on  the  demand  of  England,  yielded  up  those  prizes  to 
that  power,  and  made  hcrscH'  justly  amenable  to  the  captors  for 
the  amount  of  prize  money.  Dr.  Franklin  himself  assessed  the 
value  of  the  captured  vessels,  and  that  valuation  was  now  befiu-o 
them.  It  was  admitted,  and  was  all  that  was  asked,  neither  more 
no,'  less,  without  a  cent  of  inferest.  The  government  of  the  Uni- 
ted States  took  the  matter  in  hand,  and  faltered  and  trifled  with 
it,  as  it  was  in  the  habit  of  doing  in  the  ease  of  claims  against 
foreign  iTovernmcnts,  thus  depriving  the  individual  claimants  of  the 
means  of  prosecuting  their  claims.  Indeed,  the  cowardly  French, 
man  who  betrayed  Jones  in  the  most  famous  of  his  actions,  long 
since  received  liis  share  of  the  prize  money,  but  the  descendants  of 
the  true  hero  till  this  day  bad  not  received  a  solitary  cent.  This 
bill  proposed  give  to  the  heirs  that  which  Paul  Jones  was  himself 
entitled  to  seventy  years  ago,  without  one  cent  of  interest.  He 
trusted  that  the  .Senate  would,  without  hesitation,  notwithstanding 
the  objection  urged  with  respect  to  the  age  of  the  claim,  conciu'  in 
the  amendment,  and  at  once  pass  the  bill. 

• 
Mr.  CAMERON  remarked  that  be  was  a  member  of  the  com- 
mittee to  wlioin  tlie  case  had  been  formerly  referred,  and  be  had 
satilied  him.sclf  that  the  claim  was  just.  The  Senate  was  also  sa- 
tisfied of  its  justice  and  passed  the  bill  by  an  almost  unanimous 
vote.  In  his  ojiinion  the  only  objection  advanced  against  the  bill 
which  was  juesented  by  the  Senator  Irani  Mis.sonri,  furnished  the 
strongest  argument  in  its  favor.  If  justice  had  been  delayed  in 
this  case  for  a  period  of  seventy  years,  that  was  surely  one  of  the 
most  powerful  reasons  why  justice  should  be  ]iromptly  rendered  now. 
There  was  not  a  gentleman  present,  there  was  scarcely  a  man  in 
the  country,  who  did  not  know  of  some  case,  standing  from  the 
time  of  the  revolution  till  this  day,  unsettled.  It  was  true  that 
the  men  of  the  revolution  were  just — no  body  of  men  that  ever 
existed  were  more  so — but  tliey  were  poor — they  were  not  only  too 
poor  to  be  generous,  but  to  pay  their  debts.  The  debts  of  the  revo- 
lution were  left  to  be  discharged  when  the  country  would  be  alilc 
to  liquidate  them.  He  himself  knew  of  thousands  of  dollai  s  wortli 
of  the  continental  money  which  lay  locked  up  in  old  chests  in  his 
own  state,  wliich  had  never  lieeii  liquidated.  Tlic  country  made 
a  compromise,  but  he  believed  now  as  he  had  always  believed  that 
it  was  di.screditablc  to  them.  IJtit  the  strong  argument  in  favor 
of  this  bill  was  that  it  liad  passed  through  all  the  forms  of  legisla- 
tiiMi  and  accidentally  faileti  to  receive  the  signature  of  the  Presi- 
ilcnt  and  thereby  become  a  law.  It  passed  after  a  full  investiga- 
tion. If  the  Senate  refu.scd  to  ]iass  it  now,  it  placed  the  bill  with- 
in the  reach  of  accident  again.  Ho  could  not  believe — lie  did  not 
know  till  that  tnoment  that  any  one  would  have  looked  at  this  as 
anyfliing  more  than  a  matter  of  form.  He  hoped  the  bill  would 
be  passed  immediately. 

Mr.  BAGBY  said,  that  it  appeared  to  bim  that  the  Senators 
from  Indiana  and  Pennsylvania  had  both  mistaken  the  true  point  at 
issue  with  regard  to  this  bill.  He  did  not  understand  that  the 
merits  of  the  claim  of  the  lieirs  of  Paul  Jones  were  at  all  involved 
in  the  proposition  submitted  bv  thi?  Senator  from  Massachusetts. 
The  distinct  and  simple  ipiestion  before  the  Senate  was,  wlietbcr 
that  was  a  deliberative  body  or  not,  and  whether  the  usual  forms 
of  legislation  were  to  he  adhered  to,  or  be  overthrown  and  lost 
sight  of.  He  did  not  understand  the  gentleman  from  Massachusetts 
to  be  opposed  to  the  bill  on  its  merits;  on  the  contrary,  that  Sena- 
tor had  distinctly  stated  that  he  did  not  at  jircsent  inquire  into  the 
merits  of  the  bill.  But  it  must  lie  olivious,  lie  contended,  to  all 
who  have  at  all  observed  the  transaction  of  business  in  that  body, 
whether  with  regard  to  old  or  new  claims,  that  they  were  falling 
into  a  very  loose,  careless,  and  in  bis  humble  conception,  impro]ier 
practise.  Altbougb  both  of  his  friends  on  his  right,  [Mr.  H.tNNE- 
C.VK  and  Mr.  Camk.ron,]  belonged  to  the  junior  members  of  the 
body  in  point  of  years;  yet  it  was  supposed  that  Senators  were  of 
that  advanced  ago  which  ensured  deliberation  before  tliey  came 
there;  and  now  what  was  the  argument  advanced  ?  Why,  tlnit 
because  this  bill  had  slept  for  three  quarters  of  a  century,  and 
because  it  passed  at  the  very  last  hour  n(  the  last  .session;  that, 
therefore,  it  was  to  be  taken  up  post-haste,  and  carried  tlinaigh 
the  boily.  If  the  bill  possessed  one  iota  of  the  merit  attrilaited  to 
it  by  both  his  friends  on  his  right — and  he  did  not  question  that  it 
did — where  was  the  danger  of  subjecting  it  to  the  usual  ordeal  of 


legislation?  He  did  not,  as  he  had  said,  at  all  enter  into  the 
merits  of  the  bill;  he  took  it  for  granted  that  its  passage  was 
prima  facie  evidence  that  the  claim  was  a  good  one;  but  ho 
maintained  the  principle  that  the  character  ofthe  body  asadclib- 
erativc  assembly  required  that  every  measure,  esjiecially  one 
which  had  lain  for  three  score  years  and  ten,  should  be  subjected 
to  the  ordinary  forms  of  legislation. 


Mr.  HANNEGAN. 
gross  .since  1S03  '. 


-It  has  been  knocking  at  the  doors  of  Co 


Mr.  BAGBY. — No  dmibt  ;  but  be  would  rather  have  this  or  any 
other  claim  lie  over  till  next  session,  than  the  established  forms  of 
this  body  should  be  di.sregarded  from  day  to  day.  He  insisted  on 
the  strict  adherence  to  the  usual  forms  of  legislation  in  this  as  in 
all  other  cases. 

Mr.  MANGUM  remarked,  that  the  only  difficulty  which  he  per- 
ceived in  this  case  arose  out  of  the  fact,  that  the  bill  at  th's  ses- 
sion was  not  reported  by  a  committee  at  all,  for  if  it  had  been  re- 
ported he  had  no  doubt  it  would  have  passed  that  chamber,  and 
that  then  having  also  passed  tlie  House  of  Hepresentives  with 
amendments,  it  would  on  its  return,  in  case  the  amendments  should 
have  been  regarded  as  immaterial  by  its  friends,  have  been  at  once 
passed  upon  by  the  Senate.  Not  having  been  reported,  however, 
a  little  more  strength  was  given  to  the  proposition  that  it  should 
be  referred  to  a  cmnmittec.  Yet,  what  was  to  be  gained  by  a  re- 
ference? The  only  question  now  remaining  was  on  the  amend- 
ments of  the  House,  which  did  not  open  the  merits  of  the  bill — not 
at  all — and  those  who  bail  charge  of  it  had  represented  that  the 
ameiulments  were  merely  verbal,  except  one  which  was  not  of 
much  importance,  and  even  if  it  were  concurred  in  and  it  should 
turn  out  that  injustice  had  been  done  to  any  branch  of  the  farnilv, 
redress  was  easily  to  be  obtained  by  an  application  to  Congress. 
He  knew-  that  this  case  had  undergone  a  very  thorough  examina- 
tion on  its  merits,  not  in  that  chamber,  but  by  a  committee  who 
sat  upon  it  week  after  week  and  week  after  week.  It  was  well 
known  to  bonorablt;  Senators,  that  it  was  utterly  impossible  for  any 
member  of  this  or  any  other  legislative  body  to  become  intimately 
acquainted  with  the  merits  of  such  cases  from  personal  examination. 
It  was  necessary  that  they  should  trust  to  their  organs,  the  commit- 
tees. In  this  case  the  committee  had  repeatedly  examined  the  case, 
and  reported  favorably.  He  believed  that  the  Senate  would  stullify 
itself  in  the  eyes  of  the  country  if,  after  a  solemn  adjudication,  it 
should  rcl'er  the  bill  tigain  to  a  committee,  where  it  merits  would 
not  be  at  all  ojicn,  and  the  amendments  were  admitted  to  be  quite 
immaterial.  Even  if  it  were  possible  that  under  the  influence  of 
feeling  they  might  go  a  little  further  than  strict  justice,  yet  the 
consideration  that  this  was  a  just  claim,  which  had  Iain  unsettled 
for  more  than  half  a  century,  ought  to  be  allow-cd  some  weight. 
Besides,  their  means  were  now  abundant,  for  he  understood  that 
the  war  with  Mexico  had  ceased.  He  hoped,  then,  that  there 
would  be  no  unw'illingncss  to  do  full  justice  to  the  claims  of  the 
descendants  ol  one  who  not  only  rendered  important  service  in  the 
rev(dutionary  struggle,  but  by  his  great  achievements,  had  added 
to  the  renown  of  the  American  name. 

Mr.  BADGER  .said  he  had  voted  for  tlie  passage  of  tlic  bill  at 
the  last  session,  and  had  voted  for  a  similar  bill  this  session-  But 
be  could  not  consent  that  it  should  be  passed  immediately  in  con- 
sequence of  the  statements  made  by  the  honorable  Senator  from 
Indiana,  as  be  thought  it  proper  now  to  refer  it  to  the  committee. 
Had  the  (luestion  on  coneurrencc  been  presented,  he  would  have  at 
once  voted  in  favor  of  the  bill;  but  he  felt  that  there  was  a  neces- 
sity of  referring  the  subject  to  the  committee,  if  any  Senator  desired 
the  reference.  He  bclicyed  that  bis  honorable  colleague  was  quite 
correct  that  the  merits  of  the  case  were  not  involved;  yet  that  did 
not  furnish  any  reason  why  the  reference  should  not  be  made,  'I'lie 
long  session  was  before  them,  and  ho  could  not  see  why  the  ordi- 
nary course  should  be  resisted  when  it  was  demanded.  He  hoped 
that  his  friend  from  Indiana  would  yield  and  allow  the  reference. 

Mr.  DAVIS,  of  Massachusetts,  wished  to  assure  the  Senate 
that  nothing  was  UK)rc  (qiposeil  to  his  view  tlnan  any  purpose  of 
unnecessary  dcl.'iy.  He  had  no  desire  to  interpose  the  slightest 
obstacle  to  the  passage  id'  the  bill,  and  yet  as  he  was  somewhat 
rcsjionsiblc  for  the  motion  to  refer,  ho  wished  to  say  a  word  in  re- 
ference to  his  purpose  in  making  the  motion.  The  business  was 
in  such  confusion  at  the  close  of  last  session  that  the  bill  had  fallen 
under  the  table  and  was  there  lost. 

Mr.  HANNEGAN  begged  to  inform  the  Senator  that  the  bill 
had  huig  previously  passed  the  Senate. 

Mr.  DAVIS  said  lie  knew  that,  and  that  it  had  been  brought  to 
receive  the  signature  of  the  Vice  President. 

Mr.  HANNEGAN  stated  that  it  did  receive  that  officer's  sig- 
nature, ami  that  it  was  on  the  way  to  the  E.xccutive  chamber  that 
it  was  lost. 

Mr.  DAVIS. — The  bill  did  not  become  a  law.  Now  ho  did  not 
complain  of  the  rapidity  with  which  the  bill  passed;  all  that  ho 
wished  was  to  secure?  |noper  (Examination  of  the  amendments  which 
it  had  now  received  in  the  House.  The  object  in  organizing  the 
committee  was  to  secure  delibcrution.     The  remark  made  by  the 


February  21. J 


THE  HEIRS  OF  JOHN  PAUL  JONES. 


319 


honorable  Senator  from  North  Carolina  (Mr.  Mangum,)  showed 
the  necessity  of  deliberate  examination.  That  gentleman  had  said 
that  if  injustice  was  done  by  any  of  the  amendments,  redress  could 
be  obtained  on  application  to  Congress.  Now  it  was  to  supercede 
the  necessity  of  any  such  subsequent  legislation  that  he  wished  it 
referred  to  the  committee. 

Mr.  BENTON  then  observed  tliat  all  he  had  to  say  with  re- 
gard to  this  claim  which  bad  been  re))resented  as  long  pending,  as 
a  '^continual"  claim,  he  knew  nothing  whatsoever.  He  dtcl  not  know 
that  it  had  passed  and  been  lost  accidentally,  till  after  the  close  of 
last  session.  All  that  might  have  been  owmg  to  his  not  attending 
to  the  business  of  the  Senate,  but  such  was  the  fact.  Now  he 
would  go  farther  and  say  tliat  he  never  knew  what  the  bill  was 
for,  nor  what  it  was  about — he  knew  nothing  of  tlie  foundation  of 
the  claim  till  yesterday,  when  his  attention  was  drawn  to  it  by  a 
speech  of  a  member  of  the  House — Mr.  Starkweather — -whcib  that 
gentleman  had  sent  to  him,  and  which  he  bad  read,  as  he  read  all 
the  speeches  of  Aat  gentleman,  with  attention.  It  was  thus 
that  he  had  become  acquainted  with  the  nature  of  the  claim,  and 
he  made  this  statement  merely  for  the  purpose  of  e.\cluding  him- 
self from  the  supposition  that  he  had  given  this  bill  proper  consi- 
deration when  it  was  before  the  Senate.  The  application  at  pre- 
sent was  to  give  the  bdl  a  reference  to  the  proper  committee,  and 
that  perhaps  would  afford  him  an  opportunity  of  requesting  that 
eomniittec  to  inquire  whether  Paul  Jones  liad  any  heirs.  It  had 
been  his  custom  linm  his  childhood  to  read  every  thing  relating  to 
the  revolution,  and  he  thought  he  knew  something  about  the  men  of 
the  revolution.  Everything  connected  with  these  men  was  worthy 
of  careful  examination.  Yet  he  did  not  know  that  Paul  Jones 
had  any  heirs.  Perhaps  the  committee  would  find  that  out.  He 
hoped  that  the  reference  would  be  made. 

Mr.  HANNEGAN  said  he  would  not  detain  the  Senate  by  ma- 
king any  observations,  and  would  merely  read  the  amendments, 
eontimting  himself  with  a  single  remark  in  reply  to  the  allusion 
of  tiio  Senator  from  Missouri  to  the  fact,  that  Paul  Jones  had  no 
heirs.  The  report  had  an  entirely  different  statement,  and  he  be- 
lieved tiiat  according  to  the  laws  of  descent  a  man  could  have 
heirs  and  direct  heirs  without  having  had  children.  The  children 
of  his  brothers  and  sisters  were  bis  heirs.  The  grandchildren  of 
his  brothers  and  sisters  were  his  heirs  in  the  eye  of  the  law.  That 
was  the  case  in  the  present  instance.  He  then  read  the  amend- 
ments, and  added,  that  it  would  be  seen  that  they  were  as  he 
had  represented  them,  entirely  immaterial. 

Mr.  BRADBURY  remarked,  that  the  Senator  from  Indiana 
bad  alluded  to  (he  fact  that  this  bill  had  once  passed  the  Senate 
unanimously.  He  was  himself  present  on  that  day  early  in  the 
sessimi,  f»n  which  the  bill  was   passed   without  being  subjected  to 


the  usual  forms,  and  had  supposed  that  the  case  was  one  so  clear, 
so  well  settled,  one  about  which  there  could  be  no  doubt,  that  as  a 
matter  of  courtesy  to  the  Senator  from  Indiana,  he  had  readily 
yielded  to  his  request  and  votedTor  its  immediate  passage.  Since 
that  time  he  had  had  occasion  to  look  into  the  case  and  he  confes- 
sed that  he  was  unable  again  to  vote  in  favor  of  the  bill  onlts  me- 
lts out  of  courtesy  to  any  Senator.  The  Senator  from  Imliana,  had 
on  the  present  occasion  alluded  to  one  fact  to  which  he  wished  to  call 
the  attention  of  the  Senate.  That  Senator  had  gone  into  the  merits  of 
the  bill,  and  alledged  that  the  United  States  L'overnment  had  depri- 
ved the  claimants  of  the  means  of  prosecuting  their  claims  against 
a  foreign  government.  The  Senator  then  placed  that  claim  on  the 
ground  that  the  United  States  government  bad  interposed  between 
the  claimant  and  the  foreign  government,  and  had  itself  assumed 
the  claim.  In  looking  into  the  facts  of  the  ease,  he  found  that  the 
treaty  with  Denmark  did  not  exactly  warrant  that  conclusion;  and 
he  lioped  that  the  reference  would  be  made,  in  order  that  an  op- 
pi>rtunity  might  b  -  offered  of  investigating  the  matter.  If  the 
claim  were  just,  he  would  be  very  happy  io  vote  in  favor  of  the 
bill.  If  it  were  not  just,  he  could  not  conscientiously  vote  for  it;  and 
in  these  circumstances  he  wi.shcd  that  the  bill  might  be  subjected 
to  the  usual  forms  of  legislation,  in  order  that  it  might  be  acted 
on  with  coolness  and  debberation. 

Mr.  CASS  said  bo  hoped  the  bill  would  be  passed  over  informal- 
ly, in  order  that  the  special  order  might  be  taken  up. 

Several  Senators. — •''  Question.'' 

The  question  was  then  taken  on  the  motion  to  refer  the  bill  to 
the  committee,  and  it  was  agreed  to. 

ILLNESS  OF    JOtlN  QUINCT    ADAMS. 

.Mr.  BENTON  rose,  and  with  great  feeling,  s5id  :  I  am  called 
on  lo  make  a  painful  announcement  to  the  Senate.  I  have  just 
been  informed  that  the  House  of  Rr|ircscntatives  has  this  instant 
adjourned  under  the  most  alllictive  circumstances.  A  calamitous 
visitation  has  fallen  on  one  of  its  oldest  and  most  valuable  mem- 
bers— one  who  has  been  President  of  the  United  States,  and  whose 
character  has  insjiired  the  highest  respect  and  esteem.  Air.  Adams 
has  just  sunk  down  in  his  chair,  and  has  been  carried  into  an  ad- 
joining room,  and  may  be  at  this  moment  passing  i'rom  the  earth, 
under  the  roof  that  covej's  us,  and  alnu'st  in  our  jncsence.  In 
these  circumstances  the  whole  Senate  will  feci  alike,  and  feel 
wholly  unable  to  attend  to  any  business.  I,  therefore,  move  the 
immediate  adjournment  of  the  Senate. 


The  motion  was  unanimously 
The  Senate  adjourned. 


agreed  to.  and 


TUESDAY,  FEBRUARY  22,  1848 


The  journal  having  been  read — 

Mr.  DAVIS,  of  Massachusetts,  rose  and  said,  that  he  was  in- 
formed the  House  of  Representatives  bad  met  and  instantly  adjour- 
ned in  consequence  of  the  continued  and  dangerous  illness  of  Mr. 
Adams,  who  still  lay  within  these  walls  in  a  very  perilous  condi- 
tion. Mr.  Adams,  he  said,  had  attained  to  a  great  age,  and  had 
been  greatly  distinguished  among  the  illustrious  men  of  the  coun- 
try; and  he  hoped,  under  the  I'ireumstanees  which  existed,  the  mo- 


tion he  was  about  to  make  would  meet  with  the  approbation  of  the 
Senate.  It  seemed  to  him  that  the  anxieties  of  the  moment,  as 
w'ell  as  veneration  for  one  wlio  liad  so  long  been  an  important  co- 
laborer  in  our  councils,  in  a  measure  unfitted  us  for  deliberation. 
He  therefore  moved  that  the  .Senate  do  now  adjoinn;  which  was 
agreed  to  without  dissent. 

The  Senate  then  adjourned. 


320 


PETITIONS— RESOLUTIONS,  ETC. 


[Wednesday, 


WEDNESDAY,  FEBRUARY  23,  1848 


MESSAGE    FROM    THE    PRESIDENT. 

A  message,  in  u-i-iti  g,  was  received  IVom  tlie  President  of  tlio 
United  Sates,  by  Mr.  Walker,  liis  Secretary. 

StJgPENSION   OF  ACTIVE   MILITARY   OPERATIONS. 

Mr.  ALLEN  submitted  ibo  lolUiwinir  resolution  for  considera- 
tion : 

nesoli'til.  Tliat  tlie  I'ffsiiicMit  lie  ri-i|iRstfil  lo  iiironn  llie  Senale  «lii-llier  llie  acliv'' 
operations  of  the  army  of  the  I'uited  Stal.-s,  in  Mexico.  Iiave  been  and  now  are  sus' 
pendeil  by  an  arniisliee  :  and  if  so.  liy  whoM-  .ij,'enry  and  in  virlne  of  what  authority, 
sueli  arniiitice  has  been  effected. 

THE    ACT    OK    '.VINETY-NINE. 

Mr.  ALLEN  submitted  tlie  following  resolution  for  considera- 
tion : 

ResolveJ.  That  the  t:'oniniiltee  on  the  Judiciary  be  instructed  to  in(]uire  and  to  re 
jiort  to  the  Senate,  by  bill  or  otherwise,  whether,  in  addllloll  lo  the  following  aci,  to 
wit  : 

"  \n  act  for  Ihe  ininisliiiiciil  of  certain  crimes  there  in  specified. 

"  lii-  it  rnacted  ly  Jhr  Srmte  timl  Ihtisr  nf  RrprmrnKitii-t.i  t>f  the  I'tjUfil  Slntfs 
of  .ftmerica,  in  Coiitrress  assriiihlctl.  Tliat  if  any  person,  hem:.'  a  citizen  of  the  Igni- 
ted States,  whether  he  be  actually  rcsidenl.  or  abiding  within  the  LTnjted  Slates,  or  in 
any  foreign  country,  §hall.  wjlliout  tlie  perinissiuii  or  aulliority  ol"  liie  government  of 
the  United  Stales,  directly  or  indirectly,  commence,  or  carry  on.  any  \ei_bal  or  written 
correspondence  or  intercourse  with  any  foreign  government,  or  any  otficer  or  agent 
thereol,  with  an  intent  to  influence  the  .iiea.surcs  or  coiiiluct  of  any  foreign  govern- 
ment, or  of  any  otTicer  or  agent  thereof,  in  relation  to  any  disputes  or  controversies 
with  the  United  Slates,  or  defeat  the  measures  of  the  government  of  the  United  States. 
or  if  any  person,  being  a  citizen  of,  or  resident  within  the  United  S:ates,  and  not  duly 
autliorized,  shall  counsel,  advise,  aid,  or  a,ssist  in  any  siicli  correspondence,  with  intent  as 
afore-said,  he  or  they,  shall  be  deemed  guilty  of  a  high  misdemeanor,  and  on  conviction 
before  any  court  of  the  United  Pintes  Laving  Jurisdiction  thereof,  shall  be  punished  by 
a  fine  not  exceeding  five  thousand  dollars,  ami  by  ilnprisonmeut  during  a  term,  not  less 
than  six  months  nor  exceeding  three  years  ;  FroiHiUd  nftrntfs.  That  nothing  in  this 
act  contained  shall  be  construed  to  abridge  the  right  of  individual  citizens  of  the  Uni- 
ted States  10  ap[dy,  by  themselves,  or  their  lawful  agents,  to  any  foreign  government, 
or  t!ie  agents  thereof,  for  the  relief  of  anv  injuries  in  relation  to  person  or  property 
which  such  individuals  may  have  svstained  from  such  government  or  any  of  Its  agents, 
citizens  or  subject.s. 

"  .'\ppRovED  January  30,  17119." 

any  fiir'li  ,r  legislation  be  neccsary,  in  order  more  effectualiv  to  protect  the  right^ 
and  interests  of  I  be  peo|ile  of 'be  United  States  against  the  eonse(|nences  which  may 
result  from  the  assumption  of  any  ind,vi  .ual  or  individuals,  without  anthor.ty,  to  act 
in  the  n-nie  or  behalf  of  the  government  of  the  United  States,  or  anv  department  or 
officer  thereof,  with  any  loreign  govcrnnient  or  deparliiient  or  otlicer  thereof,  or  any 
individual  or  innividuals  assuming  to  be  sncb  foreign  govetnmeul  or  dpiiartmeul  or 
officer  thereof,  and  especially  in  matters  of  Peace  and  War. 

RE.MOVAL    OF    INJUNCTION    OF    SECRECY. 

Mr.  ALLEN  submitted  the  following  resoUition  for  considera- 
tion : 

liexolrril.  That  the  injunction  ofsecrccy  lie,  and  the  same  is  hereby  removed  from 
all  past  proceedings  of  the  Heiiate,  in  Kxcculive  session. 

ABOLITION    OF    EXECUTIVE    SESSIONS. 

Mr.  ALLEN  submitted  the  following  resolution  for  considera- 
tion : 

}ife,i/re<l.  That  the  4(ttli  rule  for  conducting  business  in  the  Seiiale,  and  which  re- 
quires the  Senate  toclose  ils  doors  when  transacting  IO.\ecinive  business,  he  rescinded; 
and  the  Senate  shall  hereafter  sit  with  open  doors  when  transacting  all  business. 

EXECUTIVE     SESSION. 

The  Senate  then  went  into  the  consideration  of  Executive  busi- 
ness, and  after  some  time  spent  therein,  the  doors  were  re-opened, 
and  the  consideration  of  the  morning  business  resumed. 

PETITIONS. 

Mr.  CASS  presented  the  petition  of  the  heirs  and  legal  repre- 
sentatives of  John  H.  Pititt,  ileccased,  late  army  contractor,  pray- 
ing payment  of  a  balance  due  fliem  liy  tlie  government;  which 
was  referred  to  the  Ci.iniiiiittee  mi  Militarv  Atl'airs,  and  ordered  to 
be  printed. 


Mr.  DIX  presented  a  memorial  of  the  College  of  Pharmacy  of 
the  city  of  New  Y.irk;  a  meinorial  of  the  New  York  Academy  of 
Medicine;  and  a  memorial  of  Physicians  of  Richmond,  Virginia, 
jiraving  the  adoption  of  measures  to  prevent  the  importation  of 
spurious  and  adulterated  drugs  and  modicines  into  the  L^nited 
States;  which  were  referred  to  the  Committee  on  Commerce. 

Mr.  BRADBURY  presented  the  petition  of  Henry  Williams, 
Benjamin  A.  G.  Fuller,  and  George  Williams.iPraying  compensa- 
tion for  a  vessel  lost  while  in  the  service  of  the  United  Slates; 
wieh  was  referred  to  the  Committee  on  Claims. 

Mr.  CAMERON,  on  presenting  three  memorials  of  citizens  of 
Westmoreland  county,  Pennsylvania,  praying  that  the  surviving 
soldiers  of  the  regiments  furnished  by  that  Slaie  for  the  Mexican 
war  may  be  honorably  discharged  from  service,  said  :  He  had 
retained  these  jietitions,  along  with  others  of  a  same  tenor 
irom  diirercnt  quarters  of  his  .State,  in  the  hope  that  the  ten 
regiment  bill  would  become  a  law,  and  ihns  enable  the  Pres- 
ident to  recall  them;  but  CongresB  had  now  been  in  session 
for  three  months,  and  that  bill  wliich  bad  occupied  the  Senate 
nearly  every  day  seemed  no  nearer  its  lintil  passage  than  it  did  a 
month  ago.  He  felt  no  disposition  to  cen.sure  any  one,  bnt  he 
must  say,  that  too  many  speeches  had  been  made  by  the  friends  of 
the  bill — that  it  was  to  be  expected  that  the  opposition  would  dis- 
pute its  passage,  and  make  speeches  against  it,  but  the  majority 
having  the  power  should  not  have  wasted  the  time  in  discussing  a 
bill  who.se  passage  they  considered  of  vital  importance  to  the  honor 
of  the  country.  The  Pennsylvania  regiments  left  home  more  than 
a  year  ago,  numbering  more  than  2,000  valiant  spirits— at  this 
time  he  did  not  believe  there  were  more  than  500  of  that  whole 
number  left  tit  for  service.  He  had  a  retu.n  from  the  2d  regiment, 
dated  in  December,  which  put  its  strength  at  about  260  men,  and 
at  that  time  the  elHcient  force  fit  for  service  were  only  191  men; 
all  the  rest  had  fallen  in  battle,  or  been  stricken  dow-n  by  disease. 
In  every  battle,  from  Vera  Cruz  to  the  city  of  Mexico,  the  men  of 
Pennsylvania  had  been  foremost  in  the  fight.  They  were  among  the 
best  blood  of  the  State.  The  sons  of  farmers,  prosperous  mecha- 
nics, young  lawyers,  and  physicians,  had  all  gone  out  in  the  camp 
of  their  country,  stimulated  by  noble  and  patriotic  motives,  with 
no  intention  of  making  arms  their  profession.  They  do  not  ask  to 
return;  but  their  regiments  cannot  be  filled  from  the  very  charac- 
ter of  the  volunteer  service,  and  it  is  the  interest  of  the  countrv, 
that  after  so  severe  a  tour  of  duty  they  should  be  brought  home, 
and  other  full  regiments  be  sent  out. 

The  memorials  were    referred 
Affairs. 


Mr.  JOHNSON,  of  Louisiana,  )in 
Chamber  of  Commerce  of  New  Orle: 
and  Ship  Island  may  be  made  posts  < 
to  the  Committee  tm  Commerce. 


■seiili'd  the  lucmorial  of  the 
IIS,  prtiying  that  Cat  Island 
f  entry;  which  was  referred 


Mr.  BREESE  presented  the  petition  of  Joseph  Hair,  a  soldier 
m  the  last  war  with  Great  Britain,  praying  to  be  allowed  a  pen- 
sion; which  wrs  referred  to  the  Committee  on  Pensions. 

Mr.  DOUGLAS  presented  a  pelilion  of  citizens  of  Illinois, 
praying  that  the  right  of  way,  and  a  portion  of  public  land  may  be 
granted  to  the  State  of  Illinois  for  the  construction  of  u  rail  road 
to  connect  the  waters  of  the  Upper  and  Lower  Mississippi  with 
the  Northern  Lakes;  which  was  referred  to  the  Committee  on 
Public  Lands. 


to   the   Committee  on    Military 


Mr.  JOHNSON,  of  Maryland,  presented  the  jiiemorial  of  R. 
F.  Pinckney,  a  lieutenant  in  the  navy,  in  relation  to  an  erroneous 
stateincnt  in  the  narrative  of  the  exploring  expedition  printed  by 
order  of  Congress  ;  which  was  laid  upon  the  table  and  ordered  to 
be  printed. 

RESOLUTIONS  OF  ST.-VTE  LEGISL.iTURES. 

Mr.  MANGUM  presented  resolutions  passed  by  the  Legisla- 
ture of  the  State  of  North  Carolina  requesting  the  Senators  and 
Re]iresentatives  of  that  State  in  Congress,  to  use  their  exertions 
to  obtain  an  appropritition  for  improving  the  condition  of  the  inlets 
on  the  coast  of  said  Slate  ;  which  were  referred  to  the  Commit- 
tee on  Commerce  and  ordered  to  be  printed. 

Mr.  JOHNSON,  of  Maryland,  presented  a  resolution  passed  by 
the  Legislature  of  the  State  of  Maryland  in  favor  of  an  appropri- 
ation by  Congress  for  a  light-boat  near  the  tiiouth  of  Patajiseo 
river,  alight-house  on  Greenhurv's  Point  in  Annapolis  river,  and  a 
light-house  on  Flat  Cap  at  the  mouth  of  Annamessex  river;  which 
was  referred  to  the  Committee  on  Commerce  and  ordered  to  be 
printed. 

Mn.IT.\RY  STOREKEEPERS. 

Mr.  CAMERON  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to  : 

/.Vs-c/ci*'/,  That  the  f'omuiitfee  on  Military  .'VfTairs  be  instructed  lo  iiuiuii*  into  Ihe 
propriety  of  reporting  a  bill  for  llie  purpose  of  lucrea-sing  the  pay  and  giving  a.ssimila 
led  rank  lo  the  inditary  storekeepers  of  the  army. 

COST  ROtrTE. 

Jlr.  ASIILEV  stibiiiittcd  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to  : 

Rf^oh'ftl,  That  the  Committee  on  the  Post  flffice  and  Post  Roads  be  inslructed  lo 
imiiiire  into  the  experlieucy  of  evtabbshing  a  mail  route  fVom  ''larksville,  the  county 
seal  of  Johnson  county,  Arkansas,  to  Rock  Port,  the  county  seat  of  Hof  Spring  coun  - 
fy,  iu  said  Slate,  via  Spadra  HluH'.  Morrison's  Bluffs,  Shoal  Creek,  Dardanelle  Springs, 
Uanville,  Jones',  McAllister's  on  Fourcbe  Lefare,  Townsend's  On  Head  of  Saline, 
and  Hot  Springs, 


February  23.] 


THE  TEN  REGIMENT  BILL. 


321 


CHAHITY    HOSPITAL    AT    NEW    ORLEANS. 

On  motion  by  Mr.  DOWNS,  it  was 

Ordered,  That  the  Committee  on  Commerce  be  diseharijed  Irom 
the  lurtber  consideration  of  the  document  presented  tlie  lOlii  inst., 
relatinif  to  the  Charity  Hospital  at  New  Orleans;  and  that  it  be 
relerred  to  tlie  Committee  on  Military  Affairs. 

AFFAIRS    IN    CALIFOBNrA. 

Mr.  CASS,  from  tlie  Committee  on  Military  Affairs,  to  wliom 
was  referred  the  petition  of  John  Charles  Fremont,  reported  the 
testimony  taken  before  the  committee  in  relation  thereto;  and  oli- 
served  that  it  contained  miieli  valuable  information  which  ought  to 
go  before  the  public.  He,  therefore,  moved  that  it  bo  printed, 
and  that  twenty  thousand  copies,  in  addition  to  the  usual  number, 
be  printed  for  the  use  of  the  Senate;  which  was  agreed  lo. 

GRANT    OF    LAND    TO    LOUISIANA. 

Mr.  FELCH,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  to  grant  to  the  State  of  Louisiana  certain 
lands  for  internal  improvement,  reported  it  without  amendment. 

INTERNAL    IMPROVEMENT    IN    MICHIGAN. 

Mr.  FELCH,  from  the  same  committee,  to  whom  wa.?  referred 
the  bill  to  apply  certain  sections  of  the  public  domain  towards  the 
completion  of  the  Clinton  and  Kalamazoo  Canal,  in  the  State  of 
Michigan,  reported  it  without  amendment. 

NATURALIZATION    LAWS. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  bill  to  amend  the  act  entitled  ".\n  act  for  the 
regulation  of  seamen  on  board  the  public  and  private  vessels  of  tho 
United  States,  reported  the  same  witliout  .amendment,  and  sub- 
mitted a  special  report  on  the  subject,  which  was  ordered  to  bo 
printed. 

PRIVATE    BILL. 

Mr.  ATHERTON,  from  tho  Committee  on  Finance,  to  whom 
was  refeired  the  bill  for  the  relief  of  Barclay  and  Livint^sron.  and 
Smith,  Thurgar,  and  Company,  reported  it  without  amendment. 

RECOMMITTED. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  from  the  House  of  Representatives  for  the  relief 
of  S.  Morris  Wain. 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  it  ba  referred  to  the  Committee  on  Finance. 

MINISOTAH. 

Agreeably  to  notice,  Mr.  DOUGLAS  asked  and  obtained  leave 
to  bring  in  a  bill  to  establish  the  Territorial  government  of  Mini- 
sotah;  which  was  read  the  first  and  second  limes  by  unanimous 
consent,  and  referred  to  the  Committee  on  Territories. 

AMENDMENT   OP  THE  JUDICIAL  SYSTEM. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  from  the  House  of  Representatives,  to  amend  an 
act  entitled,  ''  An  act  in  amendment  of  the  acts,  respecting  the 
Judicial  system  of  the  United  States  ;"  and  no  amendment  being 
made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Resolved,  That  this  bill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

TEN  REGIMENT  BILL. 

Mr.  CASS  gave  notice  that  he  would  call  up  the  ten  regiment 
bill  to-mor.row,  at  one  o'clock,  and  he  hoped  the  Senate  would  be 
prepared  to  act  upon  it  without  delay,  as  it  was  desirable  that  it 
should  be  speedily  passed. 

Mr.  MASON  observed  that  when  this  bill  was  last  before  the 
Senate  he  had  obtained  the  Hoor.  with  a  view  of  expressing  his 
opinions  upon  the  various  subjects  which  had  been  presented, 
when  it  should  next  be  before  the  Senate.  Since  that  day,  how- 
ever, the  bill  had  not  been  before  the  Senate,  and  circumstances 
had  occurred,  pretty  well  known  to  the  public,  which  rendered  it 
unnecessary  that  the  discussion  should  be  continued  in  the  range 
which  it  had  hitherto  taken.  He  was,  therefore,  very  willing  to 
yield  the  floor,  if  Senators  upon  the  other  side  would  forego  their 
intention  further  to  discuss  the  bill,  and  let  it  be  put  upon  its  pas- 
sage. He  knew  of  nothing  which  had  transpired  to  render  ilio 
measure  unnecessary. 

Mr.  CASS  said  it  was  the  unanimous  opinion  of  gentlemen  on 
his  side  of  the  Chamber  that  to  halt  now  in  our  military  operations 
would  be  fatal.  Their  wish  was  that  the  bill  should  bo  passed  be- 
fore the  adjournment  to- morrow. 

30th  Cono. — 1st  Session — No.  41, 


Mr.  BERRIEN  observed  that  if  gentlemen  on  the  other  side, 
holding  the  majority,  were  determined  to  press  the  passage  of  this 
bill  to. morrow,  those  on  his  side  must  yield  to  th? force  ofsuperior 
numbers.  He  trusted,  however,  that  such  a  course  would  not  be 
pursued,  but  that  the  privilege  which  had  been  enjoyed  by  acntle- 
men  on  the  other  side  of  discussing  tho  bill  fullv,  would  also  be 
extended  to  them,  to  alibrd  an  opportunity  of  exiilaining  why  they 
thought  the  bill  unnecessary. 

Mr.  MASON  inferred  from  the  observations  of  the  Senator  from 
Geori'ia,  that  it  was  the  opinion  on  that  side  of  the  Chamber,  that 
the  bill  was  now  unnecessary.  He  should  feel  it  his  duty,  there- 
fore, to  occupy  the  floor  to-morrow  to  show  that  the  necessity  for 
the  passage  of  tho  bill  still  exists. 

Mr.  ALLEN  suggested  to  Senators  on  the  other  side,  who 
seemed  disposed  to  continue  the  debate  upon  the  bill,  that  they 
migh'  avail  themselves  of  materials  for  the  discussion,  by  taking 
up  and  adopting  the  resolution  which  he  had  oli'ered  this  morning 
for  rescinding  the  rule  re([iiiring  a  portion  of  the  Itusiness  of  tlie 
Senate  to  be  transacted  in  secret  session.  They  could  then  intro- 
duce topics  which  it  would  not  otherwise  be  in  order  for  them  even 
to  allude  to. 

Mr.  MANGUM  did  not  exactly  comprehend  (he  extent  and 
scope  of  the  resolution  referred  to  by  the  Senator  from  Ohio. 

Several  Senators  called  for  the  reading  of  the  resolution,  and  it 
was  read  by  the  Secretary.  [Tho  resolution,  which  is  to  rescind 
the  40th  rule,  is  given  heretofore.] 

Mr.  MANGUM  observed  that  ho  would  not  interpose  his  vote 
to  a  resolution  to  consider  the  particular  matter  which  bad  been 
alluded  to  in  open  session,  if  gentlemen  on  the  other  side  saw 
proper  to  take  such  a  step.  Ho  would  jilacc  the  responsibility 
upon  gentlemen  representing  the  Administration  upon  that  floor, 
and  if  they  saw  fit  to  adopt  such  a  course,  he  would  not  interpose 
his  negative.  As  to  the  resolution  which  had  been  read,  so  wido 
in  its  scope,  he  would  take  occasion  to  give  his  views  upon  it  when 
it  should  come  up. 

Mr.  ALLEN  moved  that  the  resolution  be  now  taken  up. 

Mr.  MANGUM  would  not  himself  interpose  any  objection, 
but  under  the  rule  the  resolution  must  lie  on  the  table  if  a  single 
member  objected. 

Mr.  BERRIEN  said  there  was  n  grave  question  involved  in  this 
resolution,  and  it  should  not  be  acted  on  hastily.  He  therefore 
moved  that  the  Senate  adjourn. 

Mr.  DOUGLAS  demanded  the  yeas  and  nays  on  the  motion. 

Mr.  ALLEN  suggested  to  tho  Senator  from  Georgia,  that  the 
resolution  could  be  postponed  until  to-morrow,  without  an  adjourn- 
ment. 

Mr.  BERRIEN  had  taken  that  mode  of  postponing  the  reso- 
lution. If.  however,  there  was  a  desire  fur  a  longer  session  he 
would  withdraw  the  motion. 

Mr.  CLAYTON  observed  that  nothing  could^induce  Senators 
upon  that  side  to  act  with  precipitation  upon  a  matter  of  such  im- 
portance. 

Mr.  CAMERON  was  opposed  to  the  consideration  of  the  reso- 
lution to-d.ay,  though  when  it  camo  up  he  might  be  found  with  the 
mover.  Too  much  time  had  already  been  wasted  in  the  discus- 
sion of  the  ten  regiment  bill,  and  he  hoped  there  would  be  no  more 
delay  in  regard  to  it.  The  necessity  for  its  passage  was  as  great 
now,  or  greater,  than  ever. 

Mr.  NILES  hoped  the  Senator  would  withdraw^  his  objection 
and  let  the  resolution  be  taken  up. 

Mr.  CALHOUN  thought  there  w.as  an  intimate  connexion  be- 
tween the  ten  regiment  bill  and  the  subject  which  had  been  al- 
luded to,  which  pertained  to  E.\ecutive  business.  He  hoped  the 
honorable  Chairman  of  the  Military  Committee  would  not  there- 
fore, persist  in  bis  determination  to  press  the  passage  of  the  bill. 
As  to  the  resolution  of  the  Senator  from  Ohio,  he  was  utterly  op- 
posed to  it — even  if  so  modified  .as  to  embrace  only  the  present  sub- 
ject lor  Executive  consideration.  It  would  be  opening  the  door  to 
a  dangerous  precedent,  and  would  throw  down  the  barrier  which 
the  constitution  had  wisely  placed  round  the  consideration  of  ipies- 
tions  involving  peace  or  war. 

Mr.  M.\NGUM  hoped  he  was  not  understood  .as  approving  even 
the  consideration  of  the  one  particular  subject  which  had  been  al- 
luded to,  in  open  session.  He  did  not  approve  of  it.  He  had  mere- 
ly observed  that  if  those  representing  the  administration  chose  to 
take  the  responsibifity  of  such  a  course,  he  should  not  interpose  his 
negative  to  it.  He  thought  it  was  a  question  for  them  to  settle, 
and  upon  them  would  rest  the  responsibility. 

Mr.  C.\LHOUN  had  not  understood  tho  Senator  from  North 
Carolina  as  approving  it. 


322 


THE  TEN  REGIMENT  BILL. 


[Wednesday, 


Mr.  CASS  desired  to  say  one  word  There  was  a  greater  ne- 
cessity now  tlian  ever  for  the  passaije  of  tlie  hill.  Suppose  a  treaty 
had  been  nca;otiatof).  it  was  very  well  known  that  there  was  not  a 
quorum  of  the  IVIexicin  Compress  at  Qitere'aro  to  have  ratificcl  suf-h 
a  treaty.  And  suppD.sini;  we  .should  ratify  a  treaty,  if  there  ho 
one,  it  is  well  known  that  there  is  no  stability  in  the  Mexican  <;o- 
vernment;  that  it  is  here  to-day  and  gone  to-morrow,  and  there  is 
no  certainty  that  it  would  he  ratilied  by  the  one  whioli  mi<^ht  exist 
wlien  it  should  reach  Mexico,  besides,  if  we  relax  our  military 
operations,  it  uiiirht  disincline  lliein  to  ratify  any  treaty.  Tlic  pas- 
sa<;e  of  the  bill  will  cost  us  nothing;,  for  we  need  not  raise  the 
troops  if  they  are  not  wanted.  But  wo  should  make  a  demonstra- 
tion here  to  act  upon  the  fears  of  the  Mexican  rulers,  and  thus 
force  them  into  peace. 

Mr.  MA  NGUM  rose  to  a  point  of  order.  ...         ,, 

Mr.  CASS  was  aware  that  he  was  not  in  order,  there  bcinsr  no 
question  before  the  Senate.  Other  gentlemen,  however,  had  been 
perniifted  to  trn  on.  and  as   ho  bad    been   personally  alludr-d   to   bv 


the  Senator  from  South  Carolina,  he   hoped  he  would   be  allowed 
the  same  privilege. 

Mr.  M.\NGUM  said  that  was  not  his  point  of  order.  It  was, 
wiiether  the  Senator  was  not,  in  some  sense,  affording  "aid  and 
comfort  to  the  enemy,"  liy  making  remarks  here  which  would  be 
published  and  might  reach  their  ears,  about  making  a  feint — a  move- 
ment for  effeet — to  operate  upon  their  fears,  the  knowledge  of 
which  would  tend  to  defeat  its  aim. 

Mr.  CASS  was  not  for  making  a  feint:  he  was  for  effective  Ope- 
rations. 

Mr.  JOHNSON,  of  Maryland,  said  he  should  object  to  the  con- 
sideration of  the  resolution  of  the  Senator  from  Ohio  to-day,  and 
he  would  therefore  move  that  the  Senate  adjourn; 

Which  was  agreed  to  without  dissent. 

And  the  Senate  adjourned. 


t.lHili.r"..! 


l,!i   .1   '..r.i 


.,!•  1, 


,  I,, 


.  I ; 


'    If 


,1  .    ..   ■:    l-.il    -.Mi    ,!  ...,■.     I,    1     _  .1,,.  :,■ 

'1    -       '•'■■'      !■'  .    !;■    I. II-  ■ '.   '.l;I  'i-.  (I'''i  - 

-i;  ■  .,    ./■  .        .1    ._  ■    !.,,    ;..■.   ,ir   71. i  .li 


i.ti.uMlcrMj,.: 


.■  1  .,'  ;v  »'/ 


..,.::/    I      ,,;  .i,,r..    ,    ._    '<r.. 


rr  -,  ?.    (Ai  .M-.i 


i-iiX) 


A<(.:\      I        .--il..li        ill    Vl't.'.r 


!••     ■■■!    ...  I'll.  .  I      III  -nU  jr. 

.11     .j/  —  K'Hef.!^.  'ftst- 


February  24. J 


PETITIONS—RESOLUTIONS. 


323 


THURSDAY,  FEBRUARY  24,  1848. 


RESOLf  TION'S  OF  THE  LEGIsr.ATURE  OF  GEORGIA. 

Mr.  BERRIEN  presenlccl  resolutions  passed  by  the  legislature 
of  tlio  State  of  Georj^ia,  In  favor  of  the  establishment  of  mail 
routes  from  Blairsvillo  to  Mount  Yonah;  from  Dalton  to  Dahlonc- 
<ra;  from  Rome  to  Jaeksonville,  Alabama;  from  Hawkinsvillo  to 
barien:  from  Boxville  to  Dublin;  from  GrilFm  to  Newman;  from 
RaysviUe  toLineolnton;  from  Strothcr's,  Willies  eounty,  to  Wash- 
in<rtou;  Irom  Halcyomlalo  to  Reidsvillc;  and  from  Traveller's  Rest 
to'Florence,  in  the  state  of  Georgia;  which  were  referred  to  the 
Committe  on  the  Post  Office  and  Post  Roads. 

Also,  a  resolution  passed  by  the  Legislature  of  the  state  of 
Georjjia,  approving  the  gallantry  and  patriotism,  displayed  by  the 
Americau  troo[)s  in  the  battles  in  Mexico,  and  expressing  their 
high  sen.sc  of  tlie  value  of  the  Military  Academy  at  West  Point, 
as  an  Institution  for  aoijuririg  military  knowledge;  which  was  laid 
upon  the  table  and  ordered  to  be  printed. 

Also,  a  preamble  and  resolutions  passed  by  the  Legislature  of 
the  state  of  Georgia,  recommending  to  the  favorable  consideration 
of  Congress,  the  plan  proposed  by  Asa  Whitney,  for  constructing 
a  rail-road  from  Lake  Michigan  to  the  Pacific  ocean;  which  were 
laid  upon  the  table  and  ordered  to  be  printed. 

PETITION,?. 

Mr.  BERRIEN  presented  the  petition  of  Mary  E.  D.  Blauey, 
widow  and  administratrix  of  George  Blaney,  dccea.sed.  praying 
that  certain  monies,  the  private  property  ol  her  deceased  husband, 
claimed  and  taken  by  the  government  as  public  funds,  may  be  re- 
stored to  her;  which  was  referred  to  the  Committee  of  Claims. 

Mr.  JOHNSON,  of  Marvland,  presented  the  memorial  of  Isa- 
bella Cole,  executrix  of  William  Cole,  deceased,  praying  indem- 
nity for  injuries  done  to  a  vessel  and  cargo,  belonging  to  her  late 
husband,  iiy  the  Peruvian  authorities;  which  was  referred  to  the 
Committee  of  Claims. 

CHANGE    OF     REFEBENCE. 

On  motion  by  Mr.  DOWNS,  it  was 

Ordered,  That  the  Committee  on  Private  Land  Claims  bo  dis- 
charged from  the  further  consideration  of  the  petitiua  of  Joseph 
Newell,  and  that  it  be  referred  to  the  Committee  on  Indian  Af- 
fairs. 

DISCH-\RGED. 

On  motion  by  Mr.  DOWNS,  it  was 

Ordered,  That  the  Committee  on  Indian  AfTairs  be  discharged 
from  the  further  consideration  of  the  petition  of  Isaac  C.  Elston, 
and  of  the  petition  of  James  M.  Kibbin. 

SCHOOL    LANDS. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  to  authorize  the  relinipiishmcnt  of  the  sixteenth 
section  in  certain  cases,  and  the  fcclcction  of  other  lands  in  lieu 
thereof,  reported  it  without  amendment. 

PRIV.ATE    BILL. 

Mr.  BRADBURY,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  petition  of  Charles  Richmond,  submitted  a  re- 
port, accompanied  by  a  bill,  for  his  relief. 

The  bill  was  read  and  passed  to  a  second  reading. 

Ordered,  That  the  report  be  printed, 

SUSPENSION  OF  MILITARY  OPERATIONS  IN  MEXICO. 

•  Mr.  ALLEN  asked  that  the  resolutions  offered  by  him  yester- 
day be  taken  up,  and  added  :  as  the  resolution  asking  the  Execu- 
tive to  put  the  Senate  in  possession  of  any  information  which  it 
may  be  able  to  communicate  with  regard  to  an  armistice  will  not 
give  rise  to  debate,  I  ask  for  its  consideration  now. 

The  resolution  was  read. 

Mr.  SEVIER. — It  is  not  ray  purpose  to  go  into  a  discussion  of 
that  resolution  now;  and  I  move  to  lay  it  on  the  table. 

Mr.  ALLEN. — I  desire  to  know  the  object  of  the  motiim  which 
has  just  been  made.  If  it  be  intended  by  it  to  make  a  linal  dispo- 
sition of  the  resolution,  i  shall  ask  tlie  yeas  and  nays  on  the 
question. 

Mr.  SEVIER. — I  have  no  objection  to  callins  up  the  resolution 
hereafter,  but  I  object  to  its  immediate  consideration. 

Mr.  ALLEN. — I  ask  for  the  yeas  and  nays,  sir. 


The  i:aU  for  the  yeas  and  naj's  being  seconded,  they  were  order- 
ed, and  lakcn  with  the  following  resnlt  : 

VJ-'...\S. — ,Messp.   -Atlierlon,  nutlcr,  Calhoun.  Davis,  of  Mavsacliii^tis,  (;r'<Aiic, 
Hunter,  Johnson,  of  Marylan'l.  Johnson,  of  (loorgia,  Nile*,  pevier,  ^Mufjeon  — II, 

NAYS,— Messrs.  Allen,  Ashley,  Atcliison,  Bailpr,  l)ai;hy,  BaMwin,  Bell,  Ueriien, 
Bradbury,  Breose,  Bright,  Cameron,  Ca.|s,  C'larlie,  Clayton,  Corwin,  Davis,  of 
iMississijipi,  Dayton,  Diekinson,  Dn.  Douglas,  Downs,  Foote,  Ilannegan,  IIoUHton, 
Lewis,  iManfTuin.  Slasoii,  Miller,  Moor,  Fearce,  Pheijis,  Rusk,  Spruanee,  Tni 
I'lihani,  and  Vulee — IC 

So  the  resolution  was  not  laid  on  the  table. 


niney. 


A  ro 


■  of  the  resolution  was  called  for,  and  it  was  read. 


Mr.  ALLEN. — I  have  nothing  to  say  on  the  resolutbn.  It  tells 
its  own  talc. 

Mr.  SEVIER. — I  am  somewhat  amazed  at  this  disposition 
amongst  Senators  to  discuss  this  subject.  I  shall  vote  against  the 
resolution,  and  ask  for  the  yeas  and  nays  on  the  question. 

Mr.  JOHNSON,  of  Georgia. — If  in  order.  I  would  move  to  at- 
tach the  usual  proviso  to  the  resolution — "  provided  nothing  there- 
in shall  be  deemed  incompatible  with  the  public  interests." 

Mr.  CLAYTON,  (in  his  seat.)— That  is  proper. 

Mr.  ALLEN. — I  have  no  objection  to  the  amendment. 

The  call  for  the  yeas  and  nays  being  seconded,  they  were  ordered. 

Mr.  BREESE. — I  move  that  the  resolution  be  transferred  to  the 
executive  journal. 

Mr.  ALLEN. — Perhaps  it  would  satisfy  the  Senator  if  a  mo- 
tion were  made  to  close  the  doors  on  the  legislative,  as  well  as  the 
executive  business  of  the  Senate.  That  would  he  the  same  mo- 
tion, only  it  would  be  general  instead  of  particular. 

Mr.  MANGUM. — Can  that  motion  be  entertained  after  the  yeas 
and  nays  have  been  ordered? 

The  PRESIDING  OFFICER.— It  is  not  yet  too  late  to  otFora 
motion. 

Mr.  BREESE. — I  wdl  withdraw  the  motion,  as   I   understand 

that  perhaps  it  is  not  quite  in  accordance  with  the  usage  to  offer 
it  now, 

Mr.  JOHNSON,  of  Maryland. — H.as  the  resolution  been 
amended  as  proposed  by  the  Senator  from  Georgia  ? 

The  PRESIDING  OFFICER.— The  amendment  proposed  was 
adopted  by  the  mover  of  the  resolution.     Proceed  with  the  call. 

The  yeas  and  nays  were  then  taken,  with  the  following  result  ; 

VE.AS.— Messr.  Allen,  Ashley,  .\tehison,  .\lheiton.  .BailRer,  Ba^by,  Baldwin, 
Bell,  Benton,  Berrien,  Bradhnry,  Itiecse.  Bright,  (.'ameion,  Cass,  Clarke,  Clayton. 
Corwin,  Davis,  of  Massaclniselts,  Davis,  of  Mississi|)(ti,  Dayton,  Dirkinson,  Dix. 
Douglas,  Downs,  Foote,  Greene,  Hanne^an,  Houston,  Johnson,  ofGeorgia,  Manguni, 
Mason.  Milter,  Moore.  Pearee,  Phelps,  Rusk,  Spruance,  Turuey,  Underwood,  and 
tjphain — 41. 

NAYS. — Messrs.  Bntler.  Calhoun,  Hunter,  Johnson,  of  Maryland,  Lewis,  Niles, 
Sevier,  Sturgeon,  and  Yulee — U, 

So  it  was 

Resolved,  That  the  President  be  requested  to  inform  the  Senate,  wheUiet  the  active 
operations  of  the  army  of  the  Uuiteil  States,  in  .Alcxieo,  have  been,  and  now  aie 
suspended  by  an  arniiatice,  and  if  so,  by  whose  agency,  and  in  virtue  of  what  author- 
ity, such  armistice  has  been  effected,  i'rovtdcd,  nothing  therein  shall  be  deemed  in- 
compatible with  the  public  interests. 

THE    ACT    OF    'yy. 

The  PRESIDING  OFFICER,— Docs  the  Chair  understand  the 
Senator  from  Ohio  as  not  desiring  the  consideration  of  tlie  other 
resolution  at  this  time  I 

Mr,  ALLEN, — There  is  one,  sir,  a  mere  resolution  of  mquiry, 
directed  to  the  Judiciary  Committee,  which  I  should  like  to  have 
considered,  as  I  presume  there  will  be  no  objection  to  it. 

The  PRESIDING  OFFICER.— The  resolution  will  be  read. 

Tlie  resolution  directing  the  Committee  on  the  Judici.iry  to  hi- 
qiiire,  and  report  whether  in  addition  to  the  act  of  January  30, 
1799,  for  the  punishment  of  certain  crimes  therein  specified,  any 
further  legislation  be  necessary  in  order  more  edcetually  to  protect 
the  rights  and  interests  of  the  people  of  the  United  States  against 
the  consequences  which  may  result  from  the  assumption  of  any 
individual  or  individuals  without  authority  to  act  in  the  name  or 
behalf  of  the  government  of  the  United  States,  or  any  department 
or  officer  thereof,  with  any  foreign  government,  or  department,  or 


324 


RESOLUTIONS,  ETC. 


[Thursday, 


offic-er  llicrcof,  ur  any  iiuliviJual  or  individuals  assuming  to  be  such 
foreign  iiovernrnent,  or  department,  or  ofiic-er  thereof,  and  especi- 
ally m  matters  of  peace  and  war,  was  read  by  the  Sceretai7. 

The  question  havinj;  been  taken  on  its  adoption,  it  was  decided 
ill  the  atlirmative  without  a  count. 

EXCLDSION    OF    SLAVERY    I'KOM    ACtJCIBED    TEBBITOKY. 

The  Senate  proceeded  to  consider  the  foUowinj^  resolutions,  snli- 
raitted  by  Mr.  Baldwin  on  the  3d  instant : 

nMo/iCf;,  Tliat  if  any  terrilorv  shall  hcrcaner  bo  acquired  by  thellnilfd  Slat«  oi 
annexed  thereto,  the  ai;'l  bv  whi'c-h  -aid  territory  U  acquired  or  annexed,  whatever  such 
act  may  be.  should  contain  an  nnuherable  fundamental  article  or  pro\  ision  whcreliy  sla- 
very or"invobintary  servitude,  execjit  as  punishment  for  crime,  sliall  be  forever  excluded 
from  the  territory  acquired  or  annexed.  ,     *.  , 

tlesolved.  Thatin  any  cession  of  territory  that  may  be  acquired  as  the  result  ot  Ihe 
war  with  Mexico,  the  desire  of  tlint  republic,  expressed  by  her  coiiimissioner>i  in  their 
necotiaticn  with  Mr.  Trist.  to  provide  forthe  protection  of  theinhalutanls  ofthe ceded 
territory  .ajainstthe  intioduclion  of  llie  system  of  human  slavery  therein  by  a  stipula- 
tion to'tli.at  etiect  in  anv  treatv  that  inav  be  made,  cannot,  consistently  with  the  riRlits 
ol  those  inhabit-iiits.or'wilb  the  winciples  of  justice  and  liberlv  winch  have  been  pro- 
claimed to  the  world  as  the  basis  of  our  institutions,  be  disregarded  or  denied. 

Mr.  SEVIER  calltid  for  the  yeas  and  nays  on  the  adoption  of 
the  resolutians. 

Mr.  JOHN.SON.  of  Maryland.— I  ho|)e  that  the  Senator  will 
withdraw  the  call,  as  I  was  about  to  suirgest  a  postponement  of 
the  resolutions. 

Mr.  FOOTE. — I  move  to  lay  the  resolutions  on  the  table. 

Mr.  BALDWIN.— I  am  not  desirous  of  disciLssing  the  resolu- 
tions on  this  occasion.  Probably  there  would  not  be  an  opportu- 
nity for  discussion  before  we  will  be  called  on  to  attend  to  a  matter 
of  another,  ;ind  a  mournful  character.  The  resolutions  are  antag- 
onistic to 

Mr.  FOOTE. — Is  it  in  order  to  discuss  the  resolutions  ? 

Mr.  BALDWIN to  those  introduced  by  the  Senator  from 

Alabama,  and —  ^  .;;.:,   .■:     J  . 

Mr.  FOOTE.— I  rise  to  order. 

The  PRESIDING  OFFICER.— The  motion  to  lay  on  the 
table  is  not  debaleable. 

Mr.  BALDWIN.— I  did  not  intend  to  debate  the  resoUtlions,  or 
to  make  any  remarks,  except  by  the  courtesy  of  the  Sftiator  from 
Mississippi. 

Mr.  FOOTE. — This  is  not  a  question  of  courtesy. 

Mr.  BENTON. — I  ask  the  indulgence  of  the  Senate,  whilst  I 
suggest  that  we  should  not  at  this  lime  proceed  to  consider  these 
resolutions;  nay,  that  we  should  not  even  think  of  them,  and  allow 
thorn  for  the  present  to  Jic  upon  the  table. 

Mr.  FOOTE. — Th<at  is  all  I  contemplated. 

Mr.  BALDWIN. — If  it  sliould  be  determineil  liy  this  motion, 
that  a  final  disposition  should  be  made  of  the  resolutions,  I  wotiki 
ask  for  the  yeas  and  nays. 

Mr.  BENTON,  (in  his  seat.)— It  is  not  .so  intended. 

Mr.  BALDWIN. — If  the  resolutions  are  to  be  merely  passed 
over  informally,  1  have  no  objection. 

Mr.  JOH^^SON,  of  Maryland. — It  is  not  my  intention  to  go 
into  a  discussion  of  these  resolutions.  My  sole  object  is  that  they 
be  passed  over  informally. 

Mr.  BALDWIN. — Tho  subject  has  been  already  discussed  by 
the  Senator  fnuii  Florida,  (Mr.  Ytn.EE,)  and  certainly  it  cannot 
now  be  intended  to  make  a  final  disposition  of  the  resolutions  by 
tlie  motion  to  lay  them  on  ihe  table. 

Mr.  FOOTIv — I  call  for  the  yeas  and  nays. 

Several  Senators. — Oh  !  no. 

The  call  for  the  yeas  and  nays  being  seconded,  they  were  ordereJ. 

SevebaI.  Senatobs.— Williilraw  the  call. 

Mr.  FOOTK. — I  am  perfectly  willing  to  withdraw  Ihi!  call  if 
the  Senate  so  desire. 

Mr.  RUSK. — Then  I  shall  renew  the  call. 

The  PRESIDING  OFFICER.— Proceed  with  the  call. 

Mr.  BALDWIN. — If  they  are  informally  patsed  over  I  have  no 
objection. 

JMr.  FOOTE.— I  fiso  to  order. 


The  PRESIDING  OFFICER.— The  motion  to  lay  on  the  table 
is  not  debateable.  The  Presiding  OflBcer  does  not  understand  that 
the  motion  for  the  yeas  and  nays  nas  been  withdrawn. 

Mr.  MANGUM. — I  think  that  the  motion  was  withdrawn. 

The  PRESIDING  OFFICER.— The  Senator  from  Mississippi 
has  not  withdrawn  his  call,  and  the  yeas  and  nays  have  been  orde- 
red. 

Mr.  BALDWIN. — Of  course  the  call  cannot  be  withdrawn  ex- 
cept by  unanimous  consent. 

The  PRESIDING  OFFICER.— Proceed  with  the  call. 

Mr.  NILES. — The  call  can  be  withdrawn  by  unanimous  consent. 

Mr.  BAGBY. — I  regret  exceedingly  the  introduction  of  this 
subject  this  rnornin2,  no  person  having  been  apprised  of  it.  If 
these  resolutions  had  come  up  in  the  ordinary  course  of  business — 

Mr.  BADGER. — I  rise  to  a  question  of  order.  The  question 
IS  on  laying  the  resolutions  on  the  table,  and  tho  yeas  and  nays 
have  been  ordered.     Is  the  question  debateable  ? 

The  PRESIDING  OFFICER.— It  is  not. 

Mr.  BAGBY.— I  consider  it  to  be  my  duty,  with  the  indulgence 
of  the  Senate,  to  .state  that  when  these  resolutions  were  introdu- 
ced by  the  honorable  Senator,  I  had  a  conversation  with  him  in  re- 
lerence  to  these  and  a  set  of  counter  resolutions  brought  forward 
by  myself,  and  we  came  to  this  understanding,  that  after  the  pres- 
sing practical  business  of  the  Senate  was  over— referring  particu- 
larly to  the  Ten  Regiment  Bill — he  would  ask  the  indulgence  of 
the  Senator  to  fix  some  day  when  his  propositions  and  my  counter 
propositions  would  both  receive  the  action  of  the  body.  If  called 
on  to  vote  to  lay  these  resolutions  on  the  table,  I  shall  be  compel- 
led in  these  circumstances,  eilher  to  vote  against  my  feelings  or  to 
violate  the  understanding  which  I  had  with  the  Senator  from  Con- 
necticut. I'hat  untlcrstanding  I  certainly  shall  not  violate.  I 
.shall  keep  my  part  of  the  treaty  in  good  faith,  whatever  construe, 
tion  may  be  put  on  the  vote  which  I  am  about  to  give.  I  hope, 
therefore,  that  even  now,  the  motion  to  lay  on  the  table  will  be 
withdrawn  or  be  reconsidered,  in  order  that  the  resolutions  may 
bo  passed  over  informally,  with  the  understanding  that  they  will 
not  be  pressed  till  some  future  day  more  or  less  remote. 

Mr.  BALDWIN. — I  beg  to  say,  with  the  indulgence  ofthe  Se- 
nate, that  I  was  about  to  state,  when  I  was  interrupted  by  the  ho- 
norable Senator  from  Mississippi,  that  there  had  been  this  under- 
standing between  the  honorable  Senator  from  Alabama  and  myself, 
and  I  had  supposed,  indeed,  that  the  amendments  ottered  by  the 
Senator  from  Florida,  (Mr.  Yulee.)  would  be  postponed  till  tho 
day  which  might  be  fixed  for  the  discussion  of  our  resolutions,  al- 
though there  was  no  understanding  to  that  elTect.  It  is  certainly 
not  my  wish  at  all  to  violate  the  understanding  which  existed  be- 
tween the  honorable  Senator  from  Alabama  and  myself,  and  I  hope 
the  resolutions  will  be  passed  over  in  such  a  manner,  that  they  may 
be  taken  up  at  some  future  day  by  the  order  of  the  Senate,  and 
then  be  fairly  and  fully  discussed. 

Mr.  RUSK. — I  ask  the  indidgcnce  of  the  Senate  one  moment. 
This  is  known  to  be  an  exciting  subject.  It  possibly  may  shake 
our  constitution  and  the  Union  from  its  circumference  to  its  centre. 
There  is  a  time  for  all  things.  A  dispensation  of  Divine  Provi- 
dence has  fallen  upon  us  which,  il  seems  to  me,  should  restrain  the 
throwing  in  of  firebrands,  calculated  to  excite  the  angry  passions 
atid  ill  feelings  of  men.  1  reirrct  that  these  resolutions  were  intro- 
duced at  all.  I  regret  exceedingly  that  they  have  been  introduced 
to-day.     I  hope  that  they  will  be  laid  on  the  table. 

Mr.  BALDWIN. — Gentlemen  surely  understand  that  these  re- 
solutions have  not  been  called  up  by  me  on  this  occasion.  There  was 
u  perfect  tintlerstanding  in  the  outset  between  the  Senator  from 
Alabama  and  myself ;  but  I  ought  to  state  that  the  first  resolution 
is  in  the  very  wonls  of  the  joint  resolution  passed  by  the  General 
Assembly  of  the  State  of  Connect  ieut,  and  was  introduced  in  obe- 
dienee  to  the  reipiisition  of  the  State  which  I  have  the  honor  in  part 
to  represent. 

Mr.  ALLEN. — I  shall  vote  to  lay  these  resolutions  on  the  table, 
now  and  lorcvcr  ;  and  with  all  resolutions  on  tho  same  subject  1 
shall  adopt  a  like  course.  In  order  to  make  a  final  disposition  of 
tile  suli'iccl  now  and  forever,  so  far  as  this  Senate  is  cuncenied,  I 
ii.iw  move  to  lay  the  resolution  on  tho  table  and  call  for  the  yeas 
mid  nays. 

Mr.  BADGER. — That  motion  has  already  been  made,  and  tho 
yeas  and  nays  have  been  ordered. 


Several  Senators.- 


'  Question. 


The  PRESIDING  OFFICER.— Proceed  with  the  call. 

Tho  yeas  and  nays  were  then  taken  with  the  following  result  ; 

Yl.^AS — Messrs  .\llen,  -Ashley,  Atchison,  Badger.  IJclI,  Hcnton,  Herrieu,  IJrndbii- 
ry,  Brec»e,  Uriglit,   Uutici,  Calhoun,  Cnniiion,  C'ui»,  ClaiKe,  Clayton,  Davis,  of  Mis- 


Febkuaky  24.] 


DEATH  OF  EX-PRESIDENT  ADAMS. 


325 


sissippi,  Dlcldn.on,  DouglM.  Downs,    Fuote    Hann-gan    Hou-lon    Hunter.  Johnjoii, 
of  Marylimil.  Johnson,  of  Georgra,   Lewis,  Mangum,  Mason,  Moor,  Pearce,  Knsk, 

Sevier,  Sturgeon,  and  Turney — 3.5.  

NAYS  -  Messrs.  Bagby,  BaliUviri,  Convin,  Davis,  ol  Massacliusetts,  Dayton,  Uii. 
Greene.  Milier.  Niies.  Spfuance,  and  I'pbam---n. 

So  tlip  resolutions  were  Utid  on  the  table. 

A    HECESS     SUGGESTED. 

Mr.  MANGUM. — For  the  purpose  of  arresting  further  business 
at  this  time,  I  woulil  suggest  that  the  Senate  now  take  a  recess 
till  we  receive  the  formal  announcement  from  thn  House. 


Several  Sekatoks. — Go  on  with  business. 

Mr.  MANGUM. — Of  course  if  the  suggestion  do  not  meet  with 
general  concurrence,  I  shall  not  press  it. 

ADVERSE    reports. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Revolutionary  Claims  on  the  petition  of  Mary  M.  Telfair  ;  and, 
in  concurrence  therewith,  it  was 

Resolved,  That  the  pMver  of  tlie  petitionrr  be  denied. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Pensions  on  the  petition  of  Isaac  Davenport  ;  and,  in  concur- 
rence therewith,  it  was 

Resolved,  Tiiattlie  prayer  of  the  petition  be  not  granted. 

JACQUES  MOULOK. 

The  bill  for  the  relief  of  the  legal  representatives  of  Jacques 
Moulon.  was  read  the  second  time  and  considered  as  in  Committee 
of  the  Whole  ;  and  no  amendment  being  made  it  was  reported  to 
the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Resolved,  That  it  pass  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

DEATH    OF    EX-PRESIDENT    ADA.MS. 

The  following  message  was  received  from  the  House  of  Rcpto- 
sentatives,  by  Mr.  Campbell,  their  clerk  : 

Mr.  President  :  I  am  directed  to  notify  Ilie  Senate  of  the  death  of  tlie  honorable 
JoElN  UuiNCY  ADiMS.  late  a  member  of  the  House  of  Re[tresentatives  from  the 
State  of  Massachusetts,  who  departed  this  life  in  the  Capitol  at  fifteen  minutes  past 
seven  o'clock,  yesterday  evening  ;  and  to  communicate  the  proceedings  ol  the  House 
of  Representatives  thereon. 

The  resolutions  from  the  House  of  Representatives  having  been 
read — 

Mr.  DAVIS,  of  Massachusetts,  said:  Mr.  Presiilent:  By  the  recent 
adliction  of  my  colleague,  a  painlul  duty  devolves  upon  me.  The  mes- 
sage just  delivered  from  the  House  proves  that  the  hand  of  God  has 
been  again  among  us.     A  great  and  good  man  has  gone  from   our 
midst. If,  in  speaking  of  John  Qui.vcy  Adams,  lean  give  utterance 
to  the  language  of  my  own  heart,  I  am  eonftdent  I  shall  meet  with  a 
response  from  the  Senate.       He  was   born   in  the  then  Province  of 
Massachusetts,  while  she  was  girding  herself  for  the  great  revolu- 
tionary struggle,  which  was  then  before  her.      His  parentage   is 
too  well  known  to  need  even  an  allusion  ;    yet  I  may  be  pardoned 
if  I  say  that  his  father  seemed  born  to  aid  in  the  establishirient  of 
our  free  government,  and  his  mother  was  a  suitable  companion  and 
colaborer  of  such  a  patriot.     The  cradle  hymns  of  the  child  were 
the  songs  of  liberty.     The  power  and  competence  of  man  for  self- 
government  were  the  topics  which  ho  most   fretjuently   heard   dis- 
cussed by  the  wise  men  of  tlie  day;  and  the  inspiration  thus  caught 
gave  form  and  pressure  to  his  after  life.     Thus  early  imbued  with 
the  love  of  free  institutions,  educated  by  his  father  for   the  service 
of  his  country,  and  early  led  by  Washington  to   its  altar,  he   has 
stood  before  the  world  as  one  of  its  eminent   statesmen.      He   has 
occupied,  in  turn,  almost  every  place  of  honor  which   the   country 
could  give  him,  and  for  more  than  halfa  century,  has  been  thus  iden- 
titied  with  her  history.  Under  any  circumstances,  1  should  feel  my- 
self unequal  to  the  task  of  rendering  justice   to   his   memory;  but, 
with  the  debilitating  eftect  of  bad  health  still  upon  me,  I  can  only, 
with  extreme  brevicy,  touch  upon  some  of  the  most  prominent  fea- 
tures of  his  life.      While  yet  a  young  man  he  was,  m  May,   179-1, 
appointed  Minister  Resident   to   the  States  General  of  the  United 
Netherlands.     In  May,  1796,  two  years   after,  he  was   appointed 
Minister  Plenipotentiary  at  Lisbon,  in   Portugal.     These  honors 
were  conferred  on  him  by   George   Washington,  with   the  advice 
and  consent    of   the    Senate.     In  May,    1797,   he  was  appointed 
Minister  Plenipotentiary  to  the  King  of  Prussia.     In  March,  1~98, 
and  probably  while  at  Berlin,  he  was   appointed    a    Commissioner, 
with  full  powers. to  negotiate   a   treaty   of  amily   and   commerce, 
with  Sweden.     Alter  his  return  to  the  United  States,  he  w^as  elec- 
ted by  the  Legislature  of  Massachusetts,  a  Senator,  and  discharged 
the  duties  of  that  station,  in  this  chamber,  from  the  4lh  of  March, 
1803,  until    June,   1808,  when  differing  from   his   colleague    and 
from    the    State   upon    a    great    political     question,    he    resigned 
his    seat.      In    June,    1809,    he    was    nominated    and    appointed 
Minister  Plenipotentiary  to  the  Court  of  St.  Petcrsburgh.     While 


at  that  Court,  in   February,  1811,  he  was  appointed  an  Associate 
Justice  of  the  Supreme  Court  of  the  United  States,  to  fill  a  vacan- 
cy occasioned  by  the  death  of  Judge  Cushing,  but  never  took  his 
seat  upon   the  bench.     In    May,    1813,   he,  with  Messrs.  Gallatin 
and    Bayard,  was   nominated    F.nvoy    Extraordinary  and  Minister 
Plenipotentiary  to  negotiate  a  treaty  of  peace  with  Great  Britain, 
under  the  mediation   of  Russia,   and    a  treaty  of  commerce  with 
Russia.     From  causes  which  it  is  unnecessary  to  notice,   nothing 
was   accomplished    under   this  appointment.      But   afterwards,   in 
January,  1814,  he,  with  Messrs.  Gallatin,  Bayard,  Clay,  and  Rus- 
sel,  were   appointed  Ministers  Plenipotentiary  and  Extraordinary 
to  negotiate  a  treaty  of  peace  and  a  treaty  of  commerce  with  Great 
Britain.     This  mission  succeeded  in  effecting  a  pacification,  and 
the  name  of  Mr.  Adams  is  subscribed  to  the  treaty  of  Ghent.  After 
this  eventful  crisis  in  our  public  alTairs,  he  was,  in  February,  1815, 
selected  by  Mr.  Madison  to  represent  the  country  and  protect  its 
interests  at  the  Court  of  St.  James,  and  he  remained  there  as  En- 
voy Extraordinary  and  Minister  Plenipotentiary  until  Mr.  Monroe 
became   Presideni   of  the  United    States.     On  'the  5th  of  March, 
isn,  at  the  commencement  of  the  new  administration,  he  was  ap- 
pointed  Secretary  of  State,  anil  continued  in  the  office  while  that 
gentleman  was  at  the  head  of  the  administration.     In  1825  he  was 
elected  his  successor,   and  discharged  the   duties  of  President  for 
one  term,  ending  on  the  3d  of  March,  1829.    Here  followed  a  brief 
period  of  repose  from  public  service,  and  Mr  Ada.ms  retired  to  the 
family  mansion  at  Quincv.  but  was  elected  a  member  of  the  House 
of  Representatives  from  the  district  in  which  he  lived,  at  the  next 
election,  which  occurred  after  his  return  to   it,  and  took  his  seat 
in  December,    1831:  he  retained  it  by  successive  elections   to  the 
day  of  his  death.     I  have  not  ventured,  on  this  occasion,  beyond  a 
bare  enumeration  of  the  high  places  of  trust  and  confidence  which 
have  been  conferred  upon  the  deceased.     The  service  covers  a  pe- 
riod of  more  than  halfa  century,  and  what  language  can  I  einploy 
which  will  portray  more  forcibly  the  great  merits  of  the  deceased, 
the   confidence  reposed  in   him   by  the   public,  or   the    ability  with 
which   he  discharged   the   duties  devolved   upon   him,  than   by  this 
simple  narration  of  recorded  facts?    An  ambitious  man  could  not  de. 
sire  a  more  emphatic  eulogv.    Mr.  Adams,  however.was  not  merely 
a  statesman,  but  a  ripe,  accomplished  scholar,  who  during  a  lile  of 
remarkably  well  directed  industry,  made  those  great  acquirements 
which  adorned  his  character,  and  gave  to  it  th"  manly  stnngth  of 
wisdom  and  intelligenee.    As  a  statesman  and  patriot,  be  will  rank 
among  the  illustrious  men  of  an  age  prolific  in   great  names,  and 
greatly  distinsfuishi'd  for  its  progress  in  civilization.     The  produc- 
tions of  his  pen  are  proofs  of  a  vigorous  mind,  imbued  with  a  pro- 
found knowledge  of  what  it   investigates,  and   of  a  memory  which 
was  singularly  retentive  and  capacious.     But  his  character   is  not 
ra.ade  up  of  those  conspicuous  qualities  alone.     He  will  be  remem-  ■ 
bered  for  the  virtues  of  private  life — for  his  elevated  moral  exam- 
ple— for  his  integrity — for  his  devotion  to   his  duties  as  a  christian, 
as  a  neighbor,  and  as  a  head  of  the  family.     In   all  these  relations 
few  persons  have  set  a  inore  stedfast  or  brighter  example,  and  few 
have    descended  to  the  grave  where  the  broken  ties  of  social  and 
domestic   affection    have   been   more    sincerely  lamented.     Great 
as  may  be  the  loss  to  the  public  of  one  so  gifted  and  wise,  it  is  by 
the  family  that  his  death  will  be   most  deeply  felt.     His  aged  and 
beloved  partner,  who  has  so  long  shared  the  honors  of  his  career, 
and  to  whom  all  who  know  her  are  bound  by  the  ties  of  friendship, 
will  believe  that  wc  share  her  grief,  mourn  her  bereavement,  and 
svmpathise  with  her  in  her  affliction.     It  is   believed  to  have  been 
the  earnest  wish  of  his  heart,  to  die  like  Chatham,  in  the  midst  of 
his  labors.     It  was  a  sublime  thought,  that   where   he  had  toiled, 
in  the  house  of  the    nation,  in  hours  of  the  day  devoted  to  its  ser- 
vice, the   stroke  of  death    shonhl  reach   him,  and    there  sever  the 
ties  of  love  and  patriotism,  which  bound  him  to  earth.     He  fell  in 
his  scat  attacked  by  paralysis,  of  which   he  had  before  been  a  vic- 
tim.    To  describe  the   scene   which  ensued  would   be  impossible. 
It  was  more  than  the  spontaneous  gush  of  feeling  which  all  such 
events  call  forth,  so  much  to  the  honor  of  our  nature.     It  was  the 
expression  of  reverence  for  his  moral  worth;  of  admiration  for  his 
great  intellectual   endowments,  and   of  veneration    for  his  age  and 
public  services.     All  gathered   round  the  sufferer,  and  the  strong 
sympathy  and  deep  feeling  which  manifested  itself  showed  that  the 
business  of  the    House  (which  was  instantly  adjourned,)  was  lor- 
gotten  amid   the  distressing  anxieties    of  the  moment.     He   was 
soon  removed  to  the  apartment  of  the  Speaker,  where  he  remainetl 
surrounded  by  afflicted  friends  tdl  the  weary  clay  resigned   its  im- 
mortal   spirit.     "This    is    the    end    of   earth!''     Brief   but    em- 
phatic words.     They  were   among  the  last  uttered  by  the  dying 
Christian.     Thus  has  closed  the  life  of  one   whose  purity,  patriot- 
ism,-talents,  and  learning   have  seldom  been  seriously  questioned. 
To  say  that  he  had   faults,  would   only  bo  declaring'  that  ho  was 
human.     Let  him  who  is  exempt  from  error  venture  to  point  them 
out.     In  this  long  career  of  public   life,  it  would    be  strange  if  the 
venerable  man  had  not  met  with  many  who  have  dilfered  from  him 
in  sentiment,  or  who  have  condemned  his  acts.     If  there  be  such, 
let  the    mantle  of  oblivion  be    thrown   over  each  unkind  thought. 
Let  not  the  grave  of  the  ''old  man  eloquent."  be  desecrated  by  un- 
friendly remembrances,  but   let  us  yield  our   homase  to  his  iiiany 
virtues,  and  let  it  be   our  prayer,  that  we  may  so  perform  our  du- 
ties here,  that  if  summoned  in  a  like  sudden  and  appalling  manner, 
■we  may  not  be  found  unprepared,  or  unable  to  utter  his  words,  "  I 
am  composed."     Mr.  President,  with   this  imperfect  sketch  of  the 
character  and   services  of  a  great  man,  I  leave  the  subject  in  the 
hands  of  the  Senate  by  moving  the  resolutions  which  I  send  to  the 
Chair: 


326 


DEATH  OF  EX-PRESIDENT  ADAMS.' 


[Thuksday, 


Jtf,^nirr'l,  That  the  Senate  has  received  with  rlpep  f-nnsibility  the  me-^sa^ic  from  the 
from  Ihp  House  of  RepreiPnlatives  annoiinciii-r  the  Heath  of  the  Hon.  John  CiuiNcv 
Adams,  a  RepresentativR  from  the  State  of  Massachusetts. 

fiesofval.  That  in  token  of  resjx-et  for  the  memory  of  the  ileeeased,  the  Senate  will 
altetrd  hi.s  ftrneral  at  the  hour  appointed  Iiy  the  Ilonbu  of  Representatives,  and  will 
wear  the  usual  hadije  of  mourning  for  thirty  days. 

Hrsnh^cil,  That  . 'is  a  further  mark  of  respeet  for  the  memorv  of  the  deceased,  the 
Senate  do  now  adjourn   until  t^atur<Iay   neM,  to  the  time  appointed  for  the  funeral. 

The  rosohilioiis  Itavinjr  been  read — 

Mr.  BENTON.— Mr.  Pn;siclcnt  :  The  voii,>o  of  his  native.  Stale 
has  been  hearil  through  one  of  the  Senators  of  Massachirsotts.  an- 
nouncing; the  lieath  of  her  aired  and  most  ilistinyuislied  son.  The 
voice  of  the  otlicr  .Senator  from  Ma.ssachii.setts  is  not  heard,  nor  is 
his  presence  seen.  A  domestic  calamity,  known  to  ns  all,  and  Adt 
by  lis  all,  confines  liim  to  the  chamber  of  private  grief  whih'  the 
Senate  is  occupied  will)  llie  public  manilestations  of  a  respect  and 
sorrow  which  a  national  loss  inspires.  In  the  absence  of  that  Se- 
nator, and  as  the  member  of  this  body  lonc;csl  here,  it  is  not  unfit- 
tinjr  or  tmbecoinins  in  me  to  second  the  motion  which  ht.s  been 
made  for  oxlendinij  the  last  honors  of  the  Senate  to  him  who,  for- 
ty-five years  aijo,  was  a  member  of  this  body,  who,  at  tie  time  of 
his  death,  was  among  the  oldest  members  of  the  House  of  Repre- 
sentatives, and  who,  putting  the  years  of  his  service  together,  w.as 
the  oldest  of  all  the  members  of  the  American  Government.  The 
eulogium  of  Mr.  Adams  is  made  in  the  facts  of  his  life,  which  the 
Senator  from  Ma.ssaehi^setts,  (Mr.  Davis,)  has  so  strikingly  stat- 
ed, that  from  early  manhood  to  octogenarian  age,  he  has  been 
constantly  anil  most  honorablv  employed  in  the  public  service. — 
For  a  pcriotl  of  more  than  fifty  years,  from  the  time  of  bis  first  ap- 
pointment as  minister  abro.ad  under  Washington  to  his  last  election 
to  the  House  of  Representatives  by  the  people  of  his  native  dis- 
trict— he  has  been  constantly  retained  in  the  public  service,  and 
that,  not  by  tne  favor  of  a  sovereign,  or  by  hereditary  title,  but 
bv  the  elections  and  appointments  of  republican  governtnent. — • 
This  fact  makes  the  eulogy  of  the  illustrious  deceased.  For  what, 
except  a  union  of  all  the  qualities  which  command  the  esteem 
and  confidence  of  man,  could  have  ensured  a  public  service  so 
long,  by  appointments  free  and  popular,  and  from  sources  so 
various  and  exalted.  Minister  many  times  abroad  ;  member 
of  this  body  ;  member  of  the  House  of  Representatives  ;  Cab- 
inet minister  ;  President  of  the  United  States  ;  such  has  been 
the  galaxy  of  his  splendid  appointments.  And  what  but  moral 
excellence  the  most  perfect  ;  intellectual  ability  the  most  emi- 
nent ;  fidelity  the  most  unwavering  ;  service  the  most  useful, 
woidd  have  commanded  such'  a  succession  of  appointments  so 
exalted,  and  from  sources  so  various  and  so  eminent  ?  Nothing 
less  could  have  commanded  such  a  .series  of  nppointiucnls;  and 
accordingly  we  sec  the  union  of  all  those  great  (]ualities  in  him 
who  has  received  them.     In  this  long  career  of  public   service  Mr. 


Adams  was  distinguished  not  only  bv  faithbil  attention  to  all  the 
great  duties  of  his  stations,  but  to  all  their  less  and  minor  duties. 
He  was  not  th'j  Salaminian  galley,  to  be  launched  onlv  on  extraor- 
dinary occasions,  but  he  was  the  ready  vessel,  alwa'vs  launched 
when  the  duties  of  his  station  required  it,  be  the  occasion  great  or 
small.  As  President,  as  cabinet  minister,  as  minister  abi'oad.  he 
exarninid  all  questions  that  came  before  him,  and  examined  all  in 
alljtheir  parts,  in  all  the  tninutia;  of  their  detail  as  well  as  in  all  the 
vastncss  of  their  comprehension.  As  Senator,  and  as  a  member  of 
the  House  of  Representatives,  the  obscure  committee  room  was  as 
much  the  witness  of  his  laborious  apjilication  to  the  drudgery  of 
legislation  as  the  halls  of  the  two  Houses  were  to  the  ever  ready 
sjieeeh,  replelo  with  knowledge,  which  instructed  all  lieai  ers,  en- 
lightened all  subjects,  and  gave  dignity  and  ornament  to  debate. 
In  the  observance  of  all  the  proprieties  oflife,  Mr.  Adams  was  a 
most  noble  and  impressive  cx:iiuple.  He  cultivatcrl  the  minor  as 
well  as  the  greater  virtues.  Wherever  his  presence  could  give  aid 
and  countenance  to  what  was  useful  and  honorable  to  man,  there 
he  was.  In  the  e.xerei.ses  of  the  school  and  of  the  college— in  the 
meritorious  meetings  of  the  agricultural,  mechanical,  anil  commer- 
cial societies — in  attendance  upon  Divine  Worship — he  siave  the 
punctual  attendance  rarely  seen  hut  in  those  who  are  I'rre 
Irom  the  weight  of  public  cares.  Punctual  to  every  duty,  ileal h 
found  him  at  the  post  of  duty;  and  where  else  could  it  have  found 
him ,  at  any  stage  of  his  career,  for  the  fifty  years  of  his  illustrious 
jiublic  life  ?  From  the  time  of  bis  first  appointment  by  Washington 
to  his  last  election  by  the  people  of  his  native  town,  where  could 
death  have  found  him  but  at  the  post  of  diitv  ?  At  that  post,  in 
the  lullness  of  age,  in  the  ripeness  of  renown,  crowned  with  honors, 
surrounded  by  his  family,  his  friends,  and  admirers,  .and  in  the  very 
presence  of  tlie  national  representation,  he  has  been  gathered  to 
his  fathers,  leaving  behind  him  the  memory  of  public  services 
which  are  the  history  of  his  country  for  half  a  century,  and  the 
example  of  a  life,  public  and  private,  which  should  be  the  study 
and  the  model  of  the  generations  of  his  counlrymcn. 

The  resolutions  were    unanimously  adopted,  and,   in  accordance 
therewith, 

The  Senate  adjourned. 


il  i.  -.;.■  :; 


[On  Saturday  the  Senate    met  anil    proceeded   to  the   House  of 
Representaiives  to  attend  the  funeral    of  the   Hon.  JoH.v  QuiNcy 

Adams.   .tuiI  nl'fprt^'nrrK  ndinnrnprl   T 


ivi.  I 'I  I.  .T<-i»ia  I  I  V  i:»   LI  I   cLiii.iKi    I  lie   IllllCIt 

Adams,  and  afterwards  adjourned.] 


February  2S.]  PETITIONS— RESOLUTIONS,  ETC. 


327 


MONDAY,  FEBRUARY  28,  1848. 


RESOLUTIONS    OF   THE    LEGISLATURE    OF    NEW    JERSEY. 

Mr.  MILLER  presented  resolutions  passed  by  the  legislaliuenf 
the  State  of  New  Jersey,  in  opposition  to  a  repeal  of  the  act  of 
M.-xrcli  2,  18.37.  oonr-ernln!i  pilots;  which  were  laid  upon  the  tabic, 
and  ordered  to  be  printed. 

PETITIONS. 

Mr.  CASS  presented  the  petition  of  Levi  Wells,  a  pensioner  of 
the  United  States,  praying  to  be  allowed  arrears  of  pension:  winch 
was  referred  to  the  Committee  on  Pensions. 

Mr.  YULEE  presented  a  petition  of  citizens  of  Orange  county, 
East  Florida,  pr.iyinp;  the  est.iblishment  of  a  post  olTice  in  that 
county;  which  was  referred  to  the  Committee  on  the  Post  Ollice 
and  Post  Koads. 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  the  petition  of  Archibald  Smith,  Jr.,  on  the  liles 
of  the  Senate,  be  referred  to  the  Committee  of  Claims. 

FROCEEDINGS  OF    THE    COURT    MARTIAL    IN  THE    CASE  OF    LIEUT. 
COL.  FREMONT. 

Mr.  BENTON  submitted  the  following  resolution  for  considera- 
tion : 

Resolved,  Th.it  Ihe  President  of  tlie  United  States  be  ref|uest«l  to  communicate  to 
the  Senate,  a  copy  of  llie  proceedings  of  tlie  general  court  martial  in  the  ca-^eof  Lient. 
Col.  Fremont. 

NOTICE    OF   A    JOINT    RESOLUTION. 

Mr.  BENTON  gave  notice  that,  on  to-morrow,  he  should  ask 
leave  of  the  Senate  to  introduce  a  joint  resolution  in  relation  to  the 
purchase  of  American  hemp  for  the  use  of  the  naN^y. 

ADVERSE     REPORT. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pensions, 
to  whom -was  referred  the  petition  of  Asalicl  Kingsley,  submitled 
an  adverse  report;  which  was  ordered  to  be  prnited. 

P.WMENT    OF    INTEREST  TO    ALAB.VMA. 

Mr.  HUNTER,  from  the  Comtnittee  on  Finance,  to  whom  was 
referred  the  bill  authorizing  p.tyment  of  interest  on  the  amount 
advanced  by  the  State  of  "Alabama  to  the  general  goverimient, 
pending  the  Creek  hostilities  in  1836  and  1837,  reported  it  without 
amendment. 

WILLIAM    B.    STOKES- 

Mr.  NILES.  from  the  Committee  on  the  Post  Ollice  and  Pog; 
Roads,  to  whom  was  referred  the  petition  of  William  B.  Stokes, 
reported  a  bill  for  his  relief;  which  was  read,  and  pas.sed  to  the 
second  reading. 

PRIVATE    BILLS    PASSED. 

The  following  bills  were  read  the  second  time  ;ind  considered  as 
in  Committee  of  the  Whole  : 
Bill  fur  the  relief  of  Fernando  Fellanny. 
Bill  for  the  relief  of  Peter  Eil^'les,  senior. 

And  no  amendment  being  made  they  were  reported  to  ilie 
Senate. 

Ordered,  That  they  be  engrossed  and  read  a  third  time. 

The  said  bills  were  read  a  third  time  by  imanimous  consent. 

Jiesolred,  That  they  pa^s,  and  that  their  respective  titles  he  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  said  bills. 

PERSONAL  EXPLANATIONS. 

Mr.  YULEE. — With  the  permission  <>f  the  Senate,  I  will  tres- 
pass a  moment  upon  its  time.  I  have  been  waiting  an  opportuni- 
ty for  a  week  past,  to  bring  to  the  notice  of  the  Senator  IVom  Mis- 
sissippi, (Mr.  FooTE,)  a  report  of  proceedings  in  this  body,  in 
■which  be  is  made  to  alledge  "misquotation"  of  authorities  by  me. 
Being  quite  satistied  that  such  was  not  his  intention,  I  have  thought 
it  proper  to  enable  him  to  correct  it  in  his  place.  He  will  find  the 
passage  I  refer  to,  in  the  copy  of  the  New  York  Herald,  which  I 
hand  him. 

Mr.  FOOTE. — I  think  I  can  explain  the  matter  without  at  all 
calling  in  question  the  .accuracy  of  the  reporter.  I  did  accuse  the 
Senator  from  Florida  of  "misquotation,"  not,  however,  exactly  in 
the  sense  in  which  he  seems  to  apprehend  it.  In  the  course  of  the 
hurried  remarks  made  by  me,  on  the  wcasion  to  which  allusion 
has  been  niaile,  I  did  say  that  I  was  perfectly  prepared  to  demon- 
strate, that  the  authorities  cited  by  the  Senator,  whether  musty  or 


modern,  were  cither  wholly  inapplicable;  or  being  applicable,  were, 
according  to  all  the  rules  of  fair  and  legitimate  interpretation,  al- 
together hostile  to  his  posi'ions.  In  this  way  I  accused  the  Senatoi; 
of  misquotation,  and  a  more  unfortunate  case  of  misquotation,  it  has 
rarely  been  my  lot  to  witness.  I  accompanied  the  accusation  with 
a  suggestion,  that  I  did  not  charge  the  Senator  with  having,  in  the 
language  of  the  poet, 

"Just  enough  of  learaing  to  mis  iiiote." 

Cases  of  misquotation,  we  know,  are  not  unfrequent  at  the  bar. 
Olten,  a  lawyer's  authorities  are  turned  totally  against  him,  and 
the  sword  is  wrenchctl  from  the  hand  of  the  combatant,  and  he 
himself  made  its  victim.  In  the  present  case,  I  intended  to  show- 
that  the  weapons  of  the  Senator,  could  be  turned  against  himself, 
and  I  am  prepared  to  demonstrate  that  his  citation  of  his  author- 
ties  has  been  pecidiarly  unfortunate.  Bnt,  of  course,  I  did  not 
charge  the  Senator  with  erroneous  reading  of  the  authorities.  1 
did  not  accuse  him  of  any  interpolation  of  words  or  sentences.  I 
simply  intended  to  express  the  idea,  that  his  authorities  from  Puf- 
fendortr,  down  to  the  most  modern.  Judge  Martin  of  Louisiana,  so 
far  as  they  were  at  all  applicable,  could  be  wielded  to  i  he  utter 
destruction  of  the  dangerous  views  propounded  by  him,  which  were 
in  my  opinion,  most  illiberally  advanced,  under  all  the  circum- 
stances of  the  case,  and  were  calculated  to  do  much  serious  publie 
detriment  to  distinguished  gentlemen  of  the  North,  who  had  girded 
on  their  armor  forlhe  defence  and  vindication  of  the  constitutional 
rights  of  the  South.  The  Senator  has,  however,  tempered  his 
phraseology  in  his  printed  speech,  and  made  himself  to  "  coo  as 
ffently  as  a  sucking  dove,"  although  it  is  well  known  he  was  a  "roar- 
inir  lion,"  throughout  his  spoken  speech. 

Mr.  YULEE. — I  understand  the  Senator  to  say,  that  he  did  not 
mean  to  use  "  misquotation"  in  its  ordinary  sense  of  misrecital, 
but  only  as  meaning  misapplication.  With  this  I  am  content;  and 
will  be  happy  to  hear  how  the  Senator,  when  he  comes  to  the  dis- 
cussion of  the  question,  will  sustain  his  proposition  that  the  au- 
thorities I  cited  are  not  pertinent  to  ray  argument.  Upon  this  issue  I 
am  willing  to  go  before  the  Senate  and  the  country.  But  before  I  sit 
down  I  win  correct  the  Senator  in  his  impression,  that  my  remarks 
have  undergone  any  change  in  the  matter  of  them,  since  delivered. 
The  argument  is  preserved  as  nearly  tis  possible,  under  the  cir- 
cumstances— quite  as  nearly  as  is  usual  in  this  or  other  delibera- 
tive bodies.  1  did  omit  certain  matter  which  I  had  read  from 
newspapers  of  the  day,  in  illustration  of  what  I  charged  to  be  the 
ultimate  views  of  the  advocates  of  tee  two  plans  of  adjustment  I 
was  commenting  upon.  These  were  omitted  from  my  printed 
speech  because,  among  other  reasons,  unnecessary  to  the  argu- 
ment, and  because  demanding  more  room  than  my  printer  thought 
could  be  spared.  The  Senator  from  New  York  (Mr.  Dickinson) 
knew  that  such  was  my  purpose. 

Mr.  FOOTE — [being  supplied  with  a  dictionary,  read  the  defi- 
nition of  the  word  ''quote,"  and  added  :] — The  Senator  will  thus 
find  that  the  meaning  of  the  word  "  quote"  is  given,  "  to  cite." — 
All  I  intended  to  say  was,  that  the  authorities  cited  by  him 
were  either  injudiciously  or  erroneously  cited,  and  were  not  calcu- 
lated to  atlord  him  "aid  and  comfort"  in  the  discussion.  The  Se- 
nator from  Alabama,  now  in  his  seat,  (Mr.  Lewis.)  will  bear  me 
witness  that  both  he  and  I  concnrred,  that  the  manner  and  matler 
of  the  speech  of  the  Senator  from  Florida  as  delivered,  were,  un- 
der all  the  circumstances,  lamentably  harsh  and  unkind  to 
some  of  the  host  friends  of  the  South,  at  the  North.  In  the  printed 
speech,  however,  (and  I  am  quite  happy  to  say  so)  there  is  not, 
from  beginning  to  end,  a  single  expression  which  can  be  construed 
into  even  an  approximation  of  harshness.  Therefore,  I  am  war- 
ranted in  saying  that,  there  must  be  something  overpoweringly 
harsh  in  his  manner  of  expressing  himself,  or  that  I  did  not  under- 
stand the  terms  which  the  Senator  used.  Certainly  I  listened  to 
the  remarks  of  the  Senator  with  attention,  and  so  did  other  gen- 
tlemen. I  am  w-illing  to  appeal  to  members  of  this  bodv  for  a  de- 
cision of  the  question,  whether  the  Senator  has  not  mingled  a  great 
deal  more  honey  in  his  phraseology  as  printed,  than  he  appeared 
to  be  willing  to  infuse  into  his  speech  as  delivered  ? 

Mr.  LEWIS  said  he  regretted  his  friend  from  Mississippi  had 
given  so  much  consequence  to  anything  he  misilit  have  said,  as  to 
the  manner  of  the  Senator  from  Florida.  He  certainly  had  not 
said  that  the  manner  of  that  gentleman  was  harsh  and  offensive, 
for  he  was  not  present  when  that  gentleman  made  those  re- 
marks. In  reply  to  the  suggestion  from  another  source,  that 
such  remarks  were  harsh,  he  (Mr.  L.)  had  expressed  his  regret  as 
he  had  also  regretted  before  any  remarks  were  made,  that  the 
Senator  from  New  York  had  net  amended  his  resolutions  as  he 
(Mr.  L.)  had  hoped  and  believed  he  was  willing  to  do. 

Mr.  FOOTE. — The  explanation  of  the  Senator  from  Alabama 
confirms  what  I  have  said,  and  shows  that  even  rumor  and  the  ge- 
neral impression  with  regard  to  the  remarks  of  the  Senator  from 
Florida,  were  as  I  have  stated.     I  make  these  remarks  because  it 


328 


PERSONAL  EXPLANATION. 


[Monday, 


was  thought  liy  some  that  I  dealt  rather  unkiiidly  with  the  Senator 
from  Florida  in  my  rebuke  ;  and  certainly  I  should  have  been  guil- 
ty of  gross  discourtesy,  had  I  rebuked  fiitn  lor  using  language  so 
calm  and  honied  as  that  which  appears  in  the  printed  speech. 

Mr.  HANNEGAN.— I  rise  to  a  question  of  order.  There  is  a 
great  deal  of  important  business  to  be  transacted  in  the  morning 
hour,  and  as  this  dispute  appears  to  be  altogether  a  personal  mat- 
ter between  the  two  gentlemen,  without  any  point  on  either  side, 
so  far  as  I  am  able  to  perceive,  I  ask  that  the  Senate  wdl  pro- 
ceed to  the  consideration  of  the  morning  business. 

Mr.  YULEE. — More  time  has  been  consumed  than  I  anticipa- 
ted. The  Senator  says  that  he  does  not  mean  tlie  matter  is  dif- 
ferent, but  that  there  is  less  severity  of  tone.  I  will  only  say  that 
.so  far  as  the  Senator  supposed  there  was  any  |  ersonal  unkindness 
in  my  language  or  manner  on  the  occasion  referred  to,  he  is  total- 
ly mistaken.  I  entertained  no  unkind  feelings  towards  the  Senator 
from  New  York,  (Mr.  Dickinso.v,)  or  any  one  who  took  an  in- 
terest in  the  discussion,  and  could  noi  therefore  have  manifested 
any.  If  I  had  been  personally  unkind,  certainly  the  Senator  ag- 
grieved, whoever  he  might  be,  would  have  noticed  it  for  himself. 


Perhaps  ray  manner  was  very  earnest  and  warm.  That  is  my  nature. 

My    manner   such   as   it   is,    no   doubt   admits  of    improvement. 

The  manner  of  many  of  us  might  be  improved,  if  '-the  gift"  were 
given  us — 

"To  see  ourselves  as  othen  see  us." 

I  will  now  ask  the  Senator,  as  he  seems  to  be  quite  opposed  to  the 
doctrines  of  my  speech,  whal  is  the  precise  paint  of  ditference  be- 
tween us.  Does  he  hold  that  a  citizen  of  the  United  States 'could 
be  excluded  from  residing  upon  territory  of  the  United  States  with 
his  slave  property  I 

Mr.  FOOTE. — "I  shun  no  question,  and  I  wear  no  mask" — 
and  my  sentiments  on  that  subject  are  well  known. 

Mr.  SEVIER. — I  move  that  the  Senate  proceed  to  the  conside- 
ration of  executive  business. 

The  motion  was  put  and  agreed  to. 

The  Senate  then  proceeded  to  the  consideration  of  executive  bu- 
siness and  after  some  time  so  occupied,  the  doors  were  opened, 
and  the  Senate  adjourned. 


',\    -I-.., 


.      I'ii'    ■  ■ 


.  .  '■■■  "l       I 

-.-;  ,1.- 


■,i:'    .  i;.- f 

'.  ■.\.:  -.'I  t!  I'- 


I..S  '.■!,      I,. 


i:     :     '    ^■■\ 


,,        i       .11 


.Mi:.)  i  . 


1  iI-.h:  :.    ii;,.i'ii  I  ;.!•. 


..■!■..:    I. 'I  ,•.■- 
1  .'1    ,.-.,'   ..  .,■ 


I'r-'  'i    I  ;...!  .-il;  > 


...(...-'■.  ■Ml        r 


February  29.] 


PETITIONS— RESOLUTIONS,  ETCo- 


329 


TUESDAY,  FEBRUARY  29,  1848. 


MESSAGK     FROM     I'llE    PRESIDENT. 

Tlic  foUowinf;  nicssai,'o  was  received  from  tlic  Prcsiilont  of  llio 
Uniloil  Status,  by  Mr.  Walker,  his  Secretary  : 

I'll  (Ac  SrwUc  of  the  UiuUd  .'states  : 

In  answer  to  tlie resolution  of  the  Soli.nte  of  liie  -I'ltli  in^Can^,  requesting  lo  ho  in- 
fotmeil  whettiei  tlie  active  ojierations  of  the  .irmvof  Ihe  Uuiterl  States  in  .M_e\K;o  have 
heen.  anil  now  are  sospended.  anfl  if  so.  hv  wliose  asency.  an«I  in  virtue  of  wliat  au- 
thority such  arraislicL-  hits  been  efTected.  I  ha've  tostalc,  tliat  I  have  receivcti  no  informa- 
rioii  rehitiii^' lo  thesiihject.  otiier  than  that  cornntnnicated  to  tin-  Seii.-ite  wirhiny 
E.\eeii1ive  message  of  tlip  'J'itl  instant.  JA.MES  K.  POLK. 

WASinsrjTO.N,  Fehruary  -M,  lc48. 

On  inotionliy  Mr.  ALLEN,  it  was 
Ordered,  Tbat  it  iio  on  the  table. 

EESOLUTIONS    OF    STATE    LEGISLATURES. 

Mr.  TURNEY  presented  a  resolution  passed  by  the  Legislattiro 
of  the  Statti  of  Tennessee,  in  ftivor  of  increasini^  the  pay  of  tltc 
private  soldiers  in  tbe  service  of  tlie  Unit;'il  States  in  Mexico; 
which  was  referred  tn  the  Committee  on  Military  Affairs. 

Also,  a  resolution  of  said  Legislature,  in  favor  of  the  enactment 
of  a  law  to  provide  for  the  payment  of  the  valtie  of  horses  and 
equipments  lost  by  vohinteers  in  the  service  of  the  Unites!  States  in 
the  Mexican  war;  which  was  referred  to  the  Committee  on  Mili- 
tary Affairs. 

Also,  a  resoltttion  of  said  Legislature,  in  favor  of  a  law  allowing 
further  compensation  to  certain  companies  of  Missouri  mounted 
volunteers  mustered  into  the  service  of  the  United  States  in  the 
year  1836;  which  was  referred  to  the  Committee  on  Military  Af- 
fairs. 

Mr.  CLARKE  presented  resolutions  passed  by  the  Legislature 
of  the  State  of  Rhode  Island  and  Providence  Plantations,  depreca- 
ting the  causes  which  have  led  to  the  c.-vistenee  of  war  be- 
tween the  United  States  and  the  Republic  of  Mexico,  and  in  fa- 
vor of  the  ailoption  of  measures  for  the  re-establishment  of  peace 
upon  principles  of  moileration  and  eipiity;  which  were  laid  upon 
the  table  and  ordered  to  be  printed. 

Mr.  RUSK  presented  a  resolution  passed  by  the  Legislattire  of 
the  State  of  Texas,  in  favor  of  the  enactment  of  a  law  reqiuring 
the  Judge  of  the  District  Court  of  the  United  States  for  the  Dis- 
trict of  Texas,  to  reside  within  the  limits  of  his  District;  which  was 
laid  upon  the  table  and  ordered  to  be  printed. 

Also,  a  resolution  of  .said  Legislature,  in  favor  of  incorporating 
the  Navy  of  the  late  Republic  of  Texas  in  the  Naval  establishment 
of  the  United  States;  which  was  laid  upon  the  table  and  ordered 
to  be  printed. 

Mr.  YULEE  presented  a  rcsokition  passed  by  the  Legislature 
of  the  State  of  Florida,  in  favor  of  the  enactment  of  a  law  providing 
compensation  to  citizens  of  tliat  State  who  sutfered  by  Indian  de- 
predations in  the  Seminole  war;  also  resolutions  of  said  Legisla- 
ture in  lavor  of  a  law  making  provision  for  the  widows  and  or- 
phans of  tlie  oflicers  and  soldiers  who  have  lost  their  lives  in  the 
war  with  Mexico;  which  were  referred  to  the  Committee  on  Mili- 
tary Affairs  and  ordered  to  be  printed. 

Also,  resolutions  of  said  Legislature  in  favor  of  removing  the 
Land  Office  from  Newmansville  to  Ooala  in  that  State;  in  favor  of 
the  enactment  of  a  law  granting  to  that  State,  I'or  school  purposes, 
any  land  which  have  reverted  to  the  United  States  under  the  armed 
occupation  act,  and  the  riglit  to  locate,  in  separate  sections,  a  quan- 
tity of  lantl  granted  by  Congress  for  a  seat  of  government  for  said 
State  ;  in  favor  of  the  enactment  of  a  law  to  provide  for  the  sur- 
vey and  location  of  all  lands  in  that  State  claimed  under  Spanish 
grants  ;  in  favor  of  the  enactment  of  a  law  authorizing  the  inhab- 
itants of  townships,  in  that  State,  whose  school  lands  are  value- 
less or  covered  by  prior  Spanish  grants,  to  enter  on  any  of  the 
public  lands  of  the  United  States  a  liUe  quantity  of  land  ;  which 
were  referred  to  the  Committee  on  Public  Lands  and  ordered  to 
be  printed. 

Mr.  WESTCOTT  presented  a  resolution  pas.sed  by  the  Legis- 
lature of  the  State  of  Florida,  relative  to  certain  changes  in  the 
moilc  of  carrying  the  mail  on  the  route  from  Chattahooebie  to 
Pensaeola  ;  which  was  referred  to  the  Committee  on  the  Post  Of- 
fice and  Post  Roads  and  ordered  to  be  printed. 

Also,  a  resolution  passed  by  the  Legislature  of  the  State  of  Flo- 
rida, in  favor  of  the  removal  of  the  Indian  tribes,  in  that  State,  to 
the  territory  proyiiled  for  their  reception,  and  the  atloption  of  mea- 
sures for  protecting  the  inhabitants  of  said  State  from  Indian  in- 
cursions and  depredations  ;  which  was  referred  to  the  Committee 
on  Indian  Affairs  and  ordered  to  be  printed. 

Also,  resolutions  of  said  Legislature,  in  favor  of  a  grant  of  pub- 
lic land  for  the  erection  of  a  court-house  at  Tampa,  in  that  State  ; 

30th  Cong. — 1st  Se  ssion — No  42. 


in  favor  of  the  enactment  of  a  law  to  graduate  the  price  of  th« 
public  lands  in  that  State  ;  in  favor  of  the  relinquishment  to  that 
State  of  certain  overflowed  l.inds,  the  proceeds  of  which,  when 
reclaimed,  to  be  applied  'to  purpf)ses  of  education  ;  and  in  favor 
of  the  enactment  of  a  law  granting  pre-emption  rights  to  actual 
settlers  on  the  public  lands  in  tha'.  State  ;  which  were  referred  to 
the  Committee  on  Public  Lands  and  ordered  to  be  printed. 

PETITIONS. 

Mr.  BRADBURY  presented  the  petition  of  Rockland  Carlton, 
praying  the  reimbursement  of  the  amount  of  a  fine  incurred  by 
him  through  the  mistake  of  a  custom-house  officer;  which  was  re- 
ferred to  the  Committc  of  Claims. 

Mr.  CLARKE  presented  a  petition  of  citizens  of  Newport, 
Rhode  Island,  praying  the  adoption  of  measures  for  terminating 
the  war  with  Mexico;  which  was  laid  upon  the  table. 

Mr.  HALE  presented  a  petition  of  citizens  of  Ogle  county,  Illi- 
nois; a  petition  of  Enoch  Pond  and  others,  citizens  of  the  United 
States;  a  petitition.of  .lames  Knapp  and  others,  citizens  o(  the 
Uniied  States;  a  petition  of  A.  V^.  Townsend  and  others,  citizens 
of  the  State  of  Pennsylvania;  a  petition  of  Origen  liacheler;  a  pe- 
tition of  female  inhabitants  of  Syracuse,  New  York;  and  a  peti- 
tion of  Icmale  inhabitants  of  Bangor  and  its  vicinity,  in  Maine, 
jiraying  the  adoption  of  measures  for  the  re-establishment  of  peace 
between  the  United  States  and  the  Republic  of  Mexico;  which  were 
referred  to  the  Committee  on  Foreign  Relations. 

Also,  a  petition  of  citizens  of  Portsmouth  and  New  Castle,  New 
Hampshire,  praying  an  increase  of  the  duties  on  imported  fish; 
which  was  referred  to  the  Committee  on  Commerce. 

Also,  the  petition  of  Alexander  Ladd,  legal  repvcsontative  of 
Nathaniel  A.  Haven  and  Eliphalet  Ladd,  deceased,  praying  the 
final  action  of  Congress  on  the  claims  of  American  citizens,  to  in- 
demnity for  spoliations  committed  on  their  commerce  by  the  French 
government  prior  to  1800;  which  was  referred  to  the  Committee  on 
the  Judiciary. 

Also,  a  petition  of  citizens  of  Erie  county,  Ohio,  praymg  ths 
enactment  of  a  law  organizing  a  volunteer  force  for  the  sup- 
pression of  insurrections  in  the  Southern  States;  a  petition  of  citi- 
zens of  Locks  Village,  Massachusetts,  prayin<4'  the  adoption  of 
measures  for  terminating  the  war  with  Slcxico,  and  the  abolition 
of  slavery  and  the  slave  trade  in  the  District  of  Columbia;  and 
two  petitions  of  citizens  of  the  State  of  Ohio,  praying  the  adoption 
of  measures  for  releasing  the  citizens  of  the  non-slaveholdiiig 
States  from  all  constitutional  obligations  to  countenance  the  insti- 
tution of  slavery;  the  motions  to  receive  which  were  laid  upon  the 
table. 

Also,  a  petition  of  citizens  of  Western  Pcnn.sylvania,  praying 
the  repeal  of  the  act  imposing  a  fine  on  persons  convicted  of  har- 
boring or  concealing  fugitive  slaves;  which  was  referred  to  the 
Committee  on  the  Judiciary. 

Mr.  DAVIS,  of  Mississippi,  submitted  a  communication  ad- 
dressed to  him  by  Woodson  Wren,  Postmtister  at  Natchez,  Mis- 
sissippi, on  the  subject  of  amending  the  Post  Office  laws,  and  in- 
creasing the  compensation  of  postmasters;  which  was  referred  to 
the  Committee  on  the  Post  Office  and  Post  Roads. 

Mr.  BELL  presented  a  petition  of  citizens  of  Overton  county, 
Tennessee,  praying  the  adoption  of  measures  for  terminating  the 
war  with  Mexico;  which  was  laid  upon  the  table. 

On  motion  by  Mr.  BRADBURY,  it  was 

Ordered,  That  the  petition  of  lebabod  Jordan,  on  the  files  of 
the  Senate,  be  referred  to  the  Committee  on  Commerce. 

On  motion  by  Mr.  UPHAM,  it  was 

Ordered,  That  the  petition  of  Azel  Spalding,  on  the  files  of  the 
Senate,  be  referred  to  the  Committee  on  Pensions. 

On  motion  by  Mr.  FELCH,  it  was 
Ordered,  That  the  documents  on  the  files  of  the  Senate,  relating 
to  the  claim  of  Joseph  Loranger,  be  referred  to  the  Committee  of 
Claims. 

On  motion  by  Mr.  PHELPS,  it  was 

Ordered,  That  Ross  Winans  have  leave  to  withdraw  his  petiii* 
and  papers. 

On  motion  by  Mr.  JOHNSON,  of  Georgia,  it  was 

Ordered,  That  Zaehariah  Cox  have  leave  to  withdraw  his  pe- 
tition and  papers. 

NOTICE    o'f    .\    BILL. 

Mr.  RUSK  gave  notice  that  to-morrow,  or  at  some  early  day, 


330 


PRIVATE  BILLS,  ETC. 


[Tuesday, 


he  would  ask  leave  of  the  Senate  to  introduce  a  hill  to  provide  for 
trai  scribing  certain.State  papers  of  the  late  Republic  of  Texas. 


MESSAGE  FROM  THE  HOUSE. 


The  following  message  was  received  from  the  Hou.sc  of  Rfpre- 
sentalives,  by  Mr.  Campbell,  their  Clerk  : 

Mr.  President :  The  House  of  Representatives  have  p.xsseil  a  bill  ptaiitiiiK  the  fiaiik- 
iiii,'  privilege  to  Mis.  Louisa  Catherine  Atlani.s,  in  whicii  lliey  request  the  eoncurrcnee 
of  the  Senate. 

Tlie  Speaker  of  the  Hous"  of  Representatives  havin;  sijned  an  enrolled  resolution, 
I  am  directed  to  bring  it  to  the  Sena:*  for  the  signature  of  their  President. 

SIGNING    OF    A    RESOLUTION. 

The  VICE  PRESIDENT  signed   the  enrolled  joint   resolution 
expressive  of  the  tlianks  of  Congress  to  Major  C.eneral  Sfott,  and. 
the  troops  under  his  (•ominand ,  for  their  distinguished  gallanlry  and 
good  conduct  in  the  campaign  of  1817. 

the    FKANKING    privilege    to    MRS.    AUAMS. 

gjThe  bill  from  the  House  of  Representatives,  granting  the  frank- 
ing privilege  to  Mrs.  Louisa  Catharine  Adams,  was  read  the  first 
and  second  times,  by  unanimous  consent,  and  considered  as  in 
Committee  of  the  Whole  ;  and  no  amendment  being  made,  it  was 
reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 
Resolved,  That  this  bill  pass. 

Ordered.  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

BOtlNDARY  between  ALAHAMA  AND  FLORIDA. 

Agreeably  to  notice,  Mr.  BAGBY  asked  and  obtained  leave  to 
bring  in  a  bill  in  relation  to  the  boundary  line  between  Alabama 
and  Florida  ;  which  was  read  the  fust  and  second  times  by  unani- 
mous consent,  and  referred  to  the  Commitlee  on  Public  Lands. 

private     BILLS. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  was  referred  the  petition  of  Bethiah  Healy,  sub- 
mitted a  report  accompanied  by  a  bill  granting  a  pension  to  Be- 
thiah Healy. 

The  bill  was  read,  and  passed  to  the  second  reading. 

Ordered,  That  the  report  he  printed. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  petition  of  David  H.  Loeper,  reported  a  bill  to- 
confirm  to  the  legal  representatives  ol  Joseph  Dutailles  the  loca 
tion  of  a  certain  Now  Madrid  eertifieate  ;  which  was  read  and 
passed  to  the  second  reading. 

On  motion  by  Mr.  BREESE,  it  was 

Ordered,  That  a  letter  from  the  Commissioner  of  the  General 
Land  Office,  accompanying  the  petition  of  Jcseph  Dutailles,  be 
printed. 


PROCEEDINGS    OF    THE    FREMONT    COURT    MARTIAL. 

The  Senate  proceeded  to  consider  the  resolution  submitted  yes- 
terday by  Mr.  Benton,  requesting  the  President  to  communicate 
the  proceedings  of  the  General  Court  Martial,  in  the  case  of  Lieu- 
tenant Colonel  Fremont;  and  it  was  agreed  to. 

abolition    OF    EXECUTIVE   SESSIONS. 

The  Senate  proceeded  to  consider  the  resolution  submitted  on 
the  23d  instant,  by  Mr.  Allen,  to  rescind  the  40th  rule,  and  con- 
duct all  business  of  the  Senate  hereafter  in  open  session. 

Mr.  SEVIER  moved  to  lay  the  resolution  upon  the  table,  and 
upon  this  resolution  he  demanded  the  yeas  and  nays,  which  were 
ordered,  and  it  was  decided  in  the  affirmative,  as  follows,  viz  : 

VE-'VS— Messrs.  Ashley,  Badger,  Baldwin.  Bell,  Berrien,  Bradbury.  Breese.  Bul- 
lei,  Calhoiiu,  Ca-ss,  Clarke,  Corwin,  Crittenden,  Davis  of  Massachusetts,  Dayton, 
Itix,  Downs,  Felch.  Greene,  Hunter,  .lolmsnn.  of  Maryland,  Johnson  of  Louisiana, 
.Inlinson,  of  Georgia,  I^ewis,  Mangiim,  Mason.  "Miller,  Moor.  Niles,^  Fearce,  Phelps, 
Busk,  Sevier,  Spruanee,  Sturgeon,  Underwood,  Upliam,  Webster,  Yulee, — 39. 

NAYS— Messrs.   Allen,   Atchison,   Atherton,  Bagby,  Bright,  Clayton,  Davis,  of 
Mississipjii,  Dickinson,  Douglas,  Hale,  Hannegan,  Houston,  Turney, — 13, 
So  it  was 

Ordered,  That  the  resolution  lie  on  the  table. 

removal    of    the    INJUNCTION    OF    SECRECY. 

The  Senate  proceeded  to  consider  the  resolution  submitted  by 
Mr.  Allen,  on  the  23d  instant,  to  remove  the  injunelion  of  secrecy 
from  the  proceedings  of  the  Senate. 

Mr.  ALLEN  then  said  that  in  the  face  of  the  vote  just  given, 
it  would  be  manifestly  ungenerous  to  take  up  the  resolution,  and 
he  therefore  asked  that  it  be  passed  over  informally.  He  would 
prefer  availing  himself  of  some  occasion  when  the  Senate  had  more 
time  to  devote  to  such  subjects  than  at  present,  for  the  discussion 
of  the  whole  question,  and  he  proposed  to  make  the  discussion  turn 
on  this  resolution. 

Mr.  MANGUM  olijccted  to  passing  the  resolution  over  infor- 
mally, on  the  ground  that  it  would  not  be  strictly  in  order.  He 
therefore  moved  to  lay  the  resolution  on  the  table,  as  a  definitive 
disposition  of  it  in  open  session. 

Mr.  ALLEN  desired  to  make  one  observation.  He  desired  that 
all  who  wished  an  opportunity  of  discussing  the  question  would 
vote  against  the  motion,  with  the  understanding  that  he  would  not 
press  the  resolution  till  a  more  convenient,  time. 

So  it  was 


Ordered,  That  the  resolution  lie  on  the  table. 

EXECUTIVE    SESSION. 

On  raolion  by  Mr.  SEVIER,  the  Senate  proceeded  to  the  con- 
sideration of  Executive  business,  and,  after  some  time  spent  there- 
in, the  doors  were  again  opened,  and 

On  motion, 

The  Senate  adjourned. 


Mabch  l.J 


RESOLUTIONS  OF  STATE  LEGISLATURES,  ETC. 


331 


WEDNESDAY,  MARCH  1,  1848 


MF.SSAOE    FROM    THF.    HOl'SE. 

The  followiniT  message  was  received  froiu  the  House  cif  Repre- 
sentatives, by  IVIi'.  Campbell,  their  Clerk: 

Mr.  President :  Tlit^  Housp  of  Representatives  have  passeii  a  iiill  lo  eliange  the  name 
of  the  steamboat  "Cliarles  Downing"  10  "Calhoun,"  in  wliicli  they  request  tlie  loii- 
currence  of  the  Senate. 

'    Thev  li.'ive  also  passed  tile  ImII  of  tlie  Senate  authori/.ilijr  [)er80ns  fo  wlioni  reserva 
tionsof  land  have  Ijcen  made  tinder  certain  Indian  treaties,  to  alienate  the  same  in  fee. 

They  have  also  ptissetl  the  joint  resolution  of  the  Senate  for  the  relief  of  lletsy  Me- 
Intosh,  aild  the  hill  of  the  Senate  to  make  att.aehmeilts  whiidi  are  made  under  proeess 
issuing  from  the  Courts  of  the  United  States  eonfurm  to  the  laws  regulating  sueli  nS 
taehmenlii  in  the  ('ourts  of  the  St.atcs;  each  with  amendments,  in  wliieli  they  request 
the  concurrence  of  the  Senate. 

RESOLUTIONS,    ETC.,  OF    STATE    LEGISLATURES. 

The  VICE  PRESIDENT  prpsentcd  the  meiriorial  of  tlio  Legis- 
lature of  Iowa,  praying;  a  tlouation  of  land  to  aid  in  the  oonstrtic- 
tion  of  a  raih'ottd  from  Dubuque  to  KeoUi;.l<-  in  tlie  State  of  Illi- 
nois ;  which  was  referred  to  the  Commit*:;::  rf  ublic  Lair!'  and 
ordered  to  be  printed. 

Mr.  BREESE  presented  resolutions  of  the  Legislature  of  Illi- 
nois, in  favor  of  a  railroad  from  Lake  Micbitran  to  the  Pacific 
Ocean,  on  the  plan  ]»ropt>sed  by  Asa  Whitney  j  which  were  laid 
upon  the  table,  and  ordered  to  be  printed. 

Mr.  HOUSTON  presented  resolutions  of  the  Legislature  of 
Texas,  requesting  the  Senators  and  Representatives  of  that  State, 
in  Congress,  to  protest  against  the  relinquishment  of  the  Provinces 
or  States  conquered  by,  and  in  possession  of  the  United  States, 
without  indemnity  ;  and,  also,  to  protest  any  law  which  shall 
be  intended  to  prevent  the  citizens  of  slaveholding  States  from 
taking  their  property  with  them,  in  emigrating  to  said  acquired 
territory  ;  which  were  read,  laid  upon  the  table,  and  ordered  to  bo 
printed. 


PETITIONS. 

Mr.  HOUSTON  presented  documents  relating  to  the  claim  of 
Manuel    Ravena,   for    compensation   for    the   schooner  Francisca 
which  he  states  was  illegally  seized  by  the  Collector  at  Galveston' 
which  was  referred  to  the  Committee  on  Commerce. 

Mr.  JOHNSON,  of  Maryland,  presented  a  petition  of  citizens 
of  Baltimore,  praying  the  establishment  of  reduced  and  uniform 
rates  of  postage  ;  wbicli  was  referred  to  the  Committee  on  the 
Post  Office  and  Post  Roads. 

On  motion  by  Mr.  HANNEGAN,  it  was 

Ortlered,  That  Isaac  Elston  and  James  M.  Kibben  have  leave  to 
withdraw  their  petitions  and  papers. 

CHANGE    OF    REFERENCE. 

On  motion  by  Mr.  DIX,  it  was 

Ordered,  That  the  Committee  on  Commerce  be  discliarged  from 
the  further  consideration  of  the  petition  of  citizens  of  Portsmouth 
and  Newcastle,  New  Hani|ishire,  praying  that  the  duties  on  fish 
may  be  made  specific,  and  mat  it  be  referred  to  the  Committee  on 
Commerce. 

EXECUTIVE    SESSION. 

On  motion  by  Mr.  SEVIER,  the  Senate  proceeded  to  the  con- 
sideration of  Executive  business;  ami,  after  some  time  s|)ent  there- 
in, the  doors  were  again  opened,  and 

On  motion, 
The  Senate  adjourned. 


332 


[Thursday, 


THURSDAY,  MAIICII^,  1848 


PF.TITIONS. 

Mr.  WEBSTER  prosentPil  the  pctitinn  (if  pitizriis  of  M;issa- 
eliusotts  engafjcd  in  tlie-  (ij^lierics.  and  on  prcsentiiii^  it  obs<?rv(.'dj 
tbat  tlie  petitioners  say,  iliat  \>y  the  present  tarill'  of  tlic  United 
States  tlic  duty  on  lisli  is  fucli  as  to  5;ive  to  the  British  interests 
employed  in  that  pursuit  a  c^rcat  advantafje  over  those  of  the 
United  States.  The  EoL'lish  lishernien  eninin;»  out  as  tliey  dn  to 
the  fishini;  i;rounds  from  the  neii^'hhorina;  eolonies  of  Canada,  New 
Brunswieli,  Nova  Scotia  and  Newioundland.  in  iii^hter  and  elieaper 
vessels,  have  a  dci-ided  advantarjo  over  tliem.  They,  tlierefore, 
Jiray  tliat  the  present  (hity  on  the  artieie  may  l)e  altered  from  the 
ad  valorem  assessment  whieh  now  prevails,  and  that  the  tluty  may 
be  made  specific. 

The  petition  was  referred  to  the  Committee  on  Finance. 

Mr.  YULEE  suhmitled  ailditional  doenments  relatiiiir  to  the 
claim  of  the  atlministralor  of  Jiuiies  Edwards,  deceased;  which 
were  referred  to  the  Committee  of  Clamis. 

Mr.  YI'LEE  submitted  an  additional  document  relatinc;  to  the 
•■laim  of  Isaac  Varncs;  which  was  referred  to  the  Committee  of 
Claims. 

rUBI.IC     DOCUMKNTS. 

Mr.  BRADBURY  submitted  the  followin.^!  resolution  for  con- 
sideration : 

lifsnh-efJ,  Tliat  !he  rommittcG  on  Printing  lio  rcf]m.";(e(l  to  asrortain  niiil  report,  nt 
what  time  tli<?  roj)ios  oft  lie  IVesiileiit's  iiiiv-sase  ami  :u*t'um]ianviii?'!ocimipnts.  ordcreil 
Ity  Ilic  Senate  lo  be  piinled,  wliieli  liavc  not  yet  iiei-ii  li.  livered,  m.-ly  lie  ex]ieeteil. 

The  resolution  havinij  been  read, 

Mr.  BRADBURY  .said:  I  offer  this  resolution  for  the  purpose 
of  ciblainini!  information  not  only  for  ourselves,  but  for  the  public. 
Every  day's  mail  brink's  iuqniiies  as  to  when  those  doenments  may 
be  expected  to  be  published.  And  at  the  rate  ai.  which  we  arc 
now  iroinson,  it  really  seems  tome  that  we  shall  not  ijet  more 
than  the  half  nf  thcin  by  the  next  session  of  Congress.  The  delay 
is,  no  doubt,  in  some  measure,  owinn;  to  the  size  ol'  the  document; 
I  desire,  however,  that  the  cause  should  be  statcil  in  an  ollicial 
lorm,  So  that  the  public  may  be  informed. 

Mr.  DIX. — I  do  not  rise  to  ojipose  the  resolution,  but  merely  lo 
state,  that  meeting;  one  of  the  public  printers  accidentally,  a  day  or 
two  ago,  I  inipiired  why  the  documents  had  not  been  sent  tons, 
and  ascertained  that  the  delay  was  occasioned  by  the  enuravinir  of 
certain  ma]is,  which  accompany  the  document.  The  printmir  is 
completed,  but  the  engraving  is  not  yet  Finished. 

Mr.  liR.VDBURY.— My  purpose  is  merely  that  the  public  shall 
be  informed  of  the  cause  of  the  delay,  and  if  the  committee  rejKirt 
that  fact,  it  is  all  that  is  desired. 

Mr.  WESTCOT  L'. — I  would  suggest  to  the  honorable  Sciuilor 
from  Maine,  whether  it  would  not  be  as  well  to  moUifv  llie  re- 
solution. I  nnderstaiul  that  the  delny  is  occasioned,  as  has  been 
remarked  by  the  Senator  from  New  York,  by  some  ilillicully  in  rc- 
lalion  lo  the  preparing  of  the  maps  which  accompiiiiy  ihe  docu- 
inenls.  I  saw  the  )n-inter  this  morning,  and  learned  from  him  that 
he  was  waiting  lor  the  maps,  which  had  been  sent  Irom  the  engra- 
ver's without  having  been  hililed,  and  he  had  to  employ  persoi?s  to 
perform  that  duty.  It  mii;ht  help  the  malter  if  the  resolution  was 
exteudi-d  .so  as  to  enaiile  the  piinlcr  lo  eni|ilovaiid  pay  a  siillicient 
nnmber  of  persons  to  fold  the  maps,  which  iuVact,  is  the  sole  cause 
vi  the  delay, 

Mr,  BRADBURY. — The  resolution  simply  proiioses  an  inquiry, 
and  I  would  prefer  that  it  should  be  acted  on. 


The  resolution  w-.ts  considered,  by  unanimous  consent,  and 
agreed  to. 

VENTII,.^TION    OF    TIIK    SEN.ITE    CH.iVMBER. 

Mr.  DIX  submitted  the  following  resolution,  which  was  con- 
sidered, by  unanimous  consent,  and  agreed  to  : 

lirxolred.  That  the  Cointiiittce  on  I'nhlie  IJuildinKs  Iw  instrueteil  (o  inquire  into  tlie 
expediency  of  conipletinj;  the  ventilation  of  the  Senate  Chamber, 

N.VTIONAI.    KXCII.\Nr,ES. 

Mr.  DIX  submitted  the  following  resolution,  which  was  consid- 
ered by  unanimous  consent  and  agreed  to  : 

I'r.^oh-fil.  Thai  the  Cotliniitteeon  the  Library  be  instructed  to  ilifpiire  into  the  ex- 
Iiciln-iicy  of  diiectin;;  the  Secrelary  of  the  Trexvury  to  tr.'insiiiit  by  Mr,  .Me-vanrier 
\"aUeniare,  copies  of  the  slanihirii  wcij.'lit.s  and  ni.ia-sures  of  the  Ciiiled  States,  lo  Ihe 
j;overnioeiit  of  rrance. 

JOHN    r.\UL    JONF.S. 

Mr.  MASON,  from  the  Committee  of  Claims,  to  whom  was  re- 
ferred the  atiiendiuents  of  the  House  of  Representatives  to  the  bill 
of  the  Senate  for  the  relief  of  the  heirs  of  John  Paul  Jones,  reported 
the  same,  wilh  a  recommendation  that  the  Senate  concur  therein. 

APVFItSE    REPORTS. 

Mr.  'VVESTrOTT,  hum  the  Committee  on  Ptitents  and  the 
Patent  Odicc,  to  whom  were  rel'erreo  the  petition  of  Hezekiah 
Thistle,  and  ihe  pelition  (,f  Herrick  Aiken,  submitted  adverse  re- 
jiorls,  which  were  ordcrctl  lo  be  printeil. 

ATTACII.MENTS.  r 

The  Senate  proceciled  to  consider  the  amendment  of  the  House 
of  Re]n'esentatives  to  the  bill  of  the  Senate  to  make  atlachments 
which  are  made  under  ]iroeess  issuing  from  tiie  Courts  of  the 
Unilcd  Stales  conform  to  the  laws  ri-otilaling  such  attachments  in 
the  Courts  of  the  Slates;  and  it  was 

Jirf:{i'7'ii!,  That  they  concur  therein, 

Onlnid,  That  the  Secretary  notily  llie  House  of  Represcata 
lives  accorilingly. 

PRIVATE    BILL. 

The  Senate  proceeded  to  consider  the  amendment  of  nlie  House 
of  Representatives  lo  the  bill  of  the  Senate  for  the  relief  of  Betsey 
Mcintosh;  and  it  was 

Itrsalrrll.   That  liiev  concur  tlicicin. 

Ordered,  That  ihe  Secretary  notilV  the  House  of  Representa- 
tives ar*r-orditiijly. 

HOUSE    lill.I,    REFERRED. 

The  bill  from  the  House  of  Representatives  to  change  ihe  name 
of  the  steamboat  "Charles  Downing"  to  "Calhoun,"  was  read  the 
lirst  and  second  times  by  unanimous  consent,  and  referred  lo  the 
Committee  on  Commerce. 

EXECUTIVE     SESSION. 

On  motion  by  Mr.  SEVIER,  the  Senate  jiroeeeded  to  the  con- 
sideration of  lO.xectiiivc  business;  tind  after  some  time  spent  there- 
in, ihe  doors  were  auain  opened,  am! 

On  motion, 
The.  Scuttle  adjonrnrd. 


March  3. J 


PETITIONS— RESOLUTIONS,  ETC. 


333 


FRIDAY,  MARCH  3,  1848. 


MESSAGE  FROM  THE  PKESIDENT. 

The  fullowinij  message  was  received  from  the  President  of  tlie 
United  States,  by  Mr.  Walker,  his  Secretary  : 

To  the  Stnatc  of  the  United  States  ■ 

In  answer  to  the  re>olution  of  llie  Senate  of  the  2t]  of  Janiiary,  ]f*4S.  I  ooinmuni- 
cate  herewitli  a  re|iort  front  the  Seeretary  of  Slate,  with  the  acfonij)anving  iiocu- 
nientji,  containing,' "the  corresponilenee  of  Mr.  \\'i>e,  late  Minister  of  the  United 
States  at  the  Court  of  Brazil,  relating  to  the  siihjeet  of  the  slave  traih-." 

JAiVlKS  K.  PIII.K. 

W.ishinKton,  March  2,  IMS. 

Tlie  message  was  read. 
Ordered,  That  it  be  printed. 

RESOLUTIONS  OF    THE    LEGISLATURE    OF  NEW  JERSEY. 

Mr.  DAYTON  presented  resolutions  passed  by  the  Leffislatiire 
of  the  State  of  New  Jersey  in  favur  of  tlie  constrtiolittn  of  a  rail 
road  from  Lake  Michigan  to  the  Pacific  Ocean,  on  ihe  plan  pro- 
posed by  Asa  Whitney. 

Mr.  DAYTON  said,  in  presenting  these  resolutions,  he  desired 
to  say  a  few  words.  On  previous  occasions  he  had,  in  respon.'se  to 
instructions  from  political  ailversaries,  disclaitned  the  bindiiijT  force 
of  any  such  instructions.  These  resolutions  emanated  from  a  Le- 
gislature composed  of  a  large  majorily  of  political  friends.  Thcv 
are  not  intended  as  instructions,  but  advisory.  In  this  view,  said 
he,  they  are  entitled  to  my  most  deliberate  and  respectful  conside- 
ration, and  they  shall  receive  it.  But  I  know,  tliat  the  body  by 
whom  these  resolutions  were  passed  will  ask  no  more  than  this 
of  me.  Without  having  given  to  the  subject  any  careful  oonside. 
ration,  I  may  be  pardoned  for  saying  that,  as  at  present  advised 
my  impressions  are  altogether  against  the  scheme  of  Mr.  Whitney 
as  unwise  and  impracticable.  These  opinions  will  be  earefullV 
reviewed  when  this  question  shall  be  presented;  and  if,  consistently 
with  my  views  of  official  duty,  I  can  conforin  myself  to  the  wishes 
of  a  body  whose  wishes  I  am  ever  bound  to  respect,  it  will  o-ive 
me  pleasure.  But  if,  on  the  contrary,  I  remain  of  my  present 
opinions,  I  shall  be  under  the  ultimate  necessity  of  responding  in 
this  matter  to  political  friends,  as  I  have  heretofore  responded  to 
political  opponents. 

Mr.  DAYTON  thereupon  moved  that  the  resolutions  be  laid 
upon  the  table  and  printed  for  the  use  of  the  Sentft  ;  and  the  mo- 
tion was  agreed  to. 


PUBLIC    MEETING    IN 


THE    STATE    OF    NEW   YORK. 

of  a   meeting  of 


Mr.  DICKINSON  presented  the  proceedii 
citzens  of  the  county  of  Saratoga,  New  York,  approving  and  sus- 
taining the  measures  pursued  by  the  government  in  the  prosecu- 
tion oFthe  war  with  Mexico;  which  were  read  and  laid  upon  the 
table. 

PETITIONS. 

Mr.  DIX   presented  a  memorial   of  Surseons  in  the  Army  and 
Navy  of  the  United  Slates,  praying  the  adoption  of  measures  for 


preventing  the  importation  of  spurious  and  adulterated  drucs  and 
medicines;  which  was  referred  to  the  Committee  on  Commerce. 

On  motion  by  Mr.  ASHLEY,  it  was 

Ordered,  That  the  petition  of  Alfred  White,  on  the  files  of  the 
Senate,  be  referred  to  the  Committee  on  the  Post  Office  and  Post 
Roads. 

On  motion  by  Mr.  ASHLEY,  it  wtis 

Ordered,  That  the  Committee  on  the  Judiciary  be  discharged 
from  the  further  consideration  of  the  petition  of  Alexander  Ladd; 
and  that  it  lie  oti  the  table. 

ROUTE    TO    CALIFORNIA. 

Mr.  WF.STCOTT  submitted  the  following  resolution  for  con- 
sideration ; 

^  lii-solrcd.  That  one  thousand  additional  copies  of  Lieutenant  I^.mory's  report,  and 
Colonel  Cooke's  report  and  map,  lieretofore  ordeied  to  he  ptinle»I,  he  printed  for  the 
use  oft  he  Senate. 

CLAIMS    IN    CALIFORNIA. 

Mr.  CASS,  from  the  Committee  on  Military  Afliiirs.  to  whom 
the  subject  was  referred,  reported  a  bill  for  ascerlaininir  and  pay- 
ing Ihe  California  claims;  which  was  read  and  passeil  to  the  second 
reading. 

MESSAGE    FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

^  Mr.  President  ;  The  House  of  Representatives  have  passed  a  bill  for  the  relief  of 
Charles  Cappell;  in  which  they  retjnesl  the  c-onenrrencc  of  the  i^enate. 

Tht-y  have  passed  the  hill  from  the  Senate  to  provide  additional  Kxaminers  in  the 
Patent  Olliee.  antl  for  other  [lurposcs,  with  amendments,  in  which  thev  request  the 
concurrence  of  the  Senate. 

The  Speaker  of  the  House  of  Representatives  having  signed  three  enrolled  hill-,  I 
am  directed  to  bring  thein  to  the  Senate  lor  the  signature  of  their  President. 

SIGNING   OF  BILLS. 

The  VICE-PRESIDENT  signed  the  following  bills  : 

An  act  to  amend  an  act.  entitled  "  An  act  in  amendment  ofllie  acts  resiieetiin'  the 
Judicial  system  of  the  I.'iiiled  States." 

An  act  granting  the  franking  privilege  to  Lonisa  Catharine  Adams. 

An  act  authorizing  persons  to  whom  reservations  of  land  have  U-en  maile  under 
certain  Indian  Treaties  to  alienate  the  same  in  fee, 

EXECUTIVE  SESSION. 

On  motion  by  Mr.  SEVIER,  the  Senate  proceeded  to  the  con- 
sideration of  Executive  business;  and  after  some  time  spent  there- 
in, the  doors  were  again  opened,  and 

On  motion. 

The  Senate  adjourned. 


334 


PETITIONS— RESOLUTIONS,  ETC. 


[Saturday, 


SATURDAY,  MARCH  4,  1848. 


KEPORTS  FHOM    DEPARTMENTS. 

The  VICE  PRE,SIDKM"  laid  belbre  the  Senate  a  enminmiica- 
tion  from  the  Secretary  of  Slate,  transmitting,  in  compliance  with 
the  act  of  2d  of  March,  LSI!),  rcgulatins  passenjjer  shijis  and  ves- 
sels, tabular  statements  showing  the  nimiber  and  designation  ol 
passengers  who  arrived  in  each  collection  district  of  the  United 
■States^during  the  year  ending  the  30th  .September,  1847  ;  which 
was  laid  upon  the  table. 

Also,  a  report  of  the  Commissioner  of  Patents,  made  agreeably 
to  law,  showing  the  operations  of  the  oflice  during  the  year  1.S47. 

On  motion  by  Mr.  WESTCOTT,  it  was 
Ordered,  That    it   be  referred  to  the  Committee  on  Patents  and 
the  Patent  Olliee. 

RESOLUTIONS    OE    THE    LEGISLATURE    OF    VLORIIIA. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  preamble  and 
resolution  jiassed  by  the  Legislature  of  Florida,  instructing  the 
Senators  and  reipiesting  the  Uei)resentative  of  that  State  in  Con- 
gress to  use  their  elibrts  to  procure  certain  amendments  to  the 
pre-emption  laws  in  favor  of  the  actual  settlers  on  tlie  piiblic  lands 
in  that  State  ;  a  resolution  jiassed  by  said  Legislature,  in  favor  of 
the  enaetrnent  of  a  law  making  provision  for  the  widows  and  or- 
phans of  the  olliccrs  and  soldiers  wlio  were  killed  in  battle  in  the 
existing  war  with  Mexico  ;  and  a  memorial  and  resolution  of  the 
Leirislature  aforesaid,  in  relation  to  certain  alterations  in  the  route 
of  transporting  the  mail  from  Chattahoochie  to  Pensacola  in  that 
State  ;  which  were  laid  upon  the  table. 

PETITIONS. 

Mr.  DIX  presented  Joeuments  in  relation  to  the  removal  of  tbe^ 
Port  of  Entry  from  Plattsburg  to  Rouse's  Point,  iu  the  State  of 
New  York  ;  which  were  referred  to  the  Committee  on  Commerce. 

On  motion  by  Mr.  ATCHISON,  it  was 

Ordered,  That  the  petitions  of  inhabitants  of  St.  Charles  coun- 
ty, Missouri,  praying  that  the  purchasers  of  certain  school  lands 
in  that  county  maybe  confirmed  in  their  titles,  and  that  other 
lands  may  bo  set  apart  for  school  purposes,  on  the  tiles  of  the  Se- 
nate, be  referred  to  the  Conmiittee  on  Public  Lands. 

ADVERSE     REPORT. 

Mr.  UNDERWOOD,  from  the  Committee  of  Claims,  to  whom 
■was  referred  the  petiticni  of  William  G.  Davis  and  Mary  Ann,  his 
wife,  submitted  an  adverse  report  ;  which  was  ordered  to  be 
printed. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  Pi-osidc-nl  :  Tlic  House  of  Reprcsentaf  ives  tiave  pa>M?(l  bills  of  the  Senate  of  Ilie 
followiiij,'  titles  : 

Au  aet  eoneernini,'  tlio  colirli  of  tlie  Tliiiteil  Stalei  in  and  for  tile  ilisliiet  ol"  IVIieli- 
i"an- 

An  act  for  llie  relief  of  the  ailminislratri\  of  F.li-lia  h.  Keen,  deeeaied. 

An  aet  providin-;  for  llie  jiavmeiil  of  the  elaini  of  Waller  K  .loiinson  a^-aiii^t  llie 
Uiiiwd  Stales. 

They  have  also  passed  hills  of  the  following  titles  : 

An  act  for  the  relief  of  Calvin  I''.minons. 

An  act  for  the  relief  of  13.  C.  Smith. 

An  act  for  the  relief  of  Bent.  St.  Vrain  Si  Co., 

An  act  for  the  relief  of  J.  Throckmorton. 

An  act  for  the  relief  of  William  Hogan.  adiiiinistraUu  of  Michael  Hogaii.  deceased. 


An  act  for  the  relief  of  the  heirs  and  lesal  representalives  of  Rignald,  iilias  Nick 
nill.ary. 
An  art  for  the  relief  of  James  McAvoy. 
A  n  act  for  the  relief  of  Charles  Benns. 
.\ii  ait  for  Ihe  relief  of  William  Ralston. 
An  act  for  the  relief  of  Naney  Tompkins. 
An  act  for  the  relief  of  John  Mitchell. 
An  art  for  the  relief  of  David  Thomas,  of  Philadelphia. 
An  ait  for  the  relief  of  Stephen  Champlin. 

An  act  directing  the  mode  of  settling  the  claims  of  Charles  G.  Eidgely. 
An  act  for  the  relief  of  Bennett  M.  Dell. 
An  act  for  the  relief  of  John  Manley. 

An  .act  for  the  relief  of  Sarah  Stokes,  widow  of  John  Stokes. 
An  act  for  the  relief  of  F.sther  Rnssell. 
.\ii  act  for  the  relief  of  the  Red  River  Railioad  Company. 
An  act  for  the  relief  of  Stalker  &  Hill. 

.An  act  for  the  relief  of  Rcuhen  Perry  and  Thomas  P.  Ligon. 
An  act  for  the  benelit  of  Benjamin  White. 
An  act  for  the  relief  of  Anthony  Bessee. 

An  act  forthe  relief  of  G.  F.  de  la  Roche  and  W.  P.  S.  Sanger. 
An  act  for  the  relief  of  Jonathan  Moore,  of  the  Stale  of  Massachusetts. 
An  act  for  the  relief  of  Robert  Ellis. 
An  act  for  the  relief  of  Catharine  Fulton,  of  Washington  county,  Pennsylvania. 

And  a  .joint  resolntion  for  the  relief  of  George  R.  Smith,  in  which  they  rerjnesl  the 
concurrence  of  tlie  Senate. 

STATE    PAPERS. 

Agreeably  to  notice,  Mr.  RUSK  asked  and  obtained  leave  to 
bring  m  a  bill  to  provide  for  transcribing  certain  State  papers  of 
the  late  republic  of  Texas  ;  which  was  read  the  first  and  second 
times  by  unanimous  consent,  referred  to  the  Committee  on  Foreign 
Relations,  and  ordered  to  be  printed. 

THE    SMITHSONUN  INSTITUTION. 

Agreeably  to  notice.  Mr.  DAVIS,  of  Mississippi,  asked  and  ob- 
tained leave  to'bring  in  a  jo-nt  resolution  appointing  certain  Re- 
gisters of  the  Smithsonian  Institution  ;  which  was  read  the  first 
and  second  times,  by  unanimous  consent,  and  referred  to  the  Com- 
mittee on  the  Library. 

CONGRESSIONAL    ilBRARY. 

Agreeably  to  notice.  Mr.  PE.\RCE  asked  and  obtained  leave  to 
bring  in  a  liill  to  remit  the  duties  on  books,  maps,  and  charts,  im- 
jiorted  for  the  use  of  the  Library  of  Congress;  which  was  read 
the  first  and  second  times,  by  unanimous  consent,  and  considered 
as  in  Committee  of  the  Whole,  and,  no  amendment  being  made, 
it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  re.ad  a  third  time  by  unanimous  consent. 

licso/fe'l,  That  it  jiass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  eoncurrenee  of  the 
House  of  Representatives  in  said  bill. 

EXECUTIVE    SESSION. 

On  motion  by  Mr.  SEVIER,  the  Senate  proceeded  to  the  con- 
sideration of  Executive  business;  and,  after  some  tune  spent  there- 
in, the  doors  were  again  opened,  and 

On  motion, 

The  Senate  adjourned. 


March  6.j 


PETITIONS— RESOLUTIONS,  ETC. 


335 


MONDAY,  MARCH  G,  1848 


PERSONAL  EXPLANATION. 

Mr.  DICKINSON.— It  is  not  often  that  I  tioiibli!  the  Senate 
with  noticing  any  orroib  that  are  committed  by  the  reporters  for  the 
public  jiress;  but  I  liavc  observed  an  erroneous  statement  in  rnffard 
to  certain  resolutions,  which  I  had  the  honor  to  introduce — resolu- 
tions which  were  passed  at  a  public  meeting  held  in  Saratoga 
county,  New  York — which  I  cannot  permit  to  go  abroad,  without 
contradiction.  I  make  the  correction,  however,  more  in  justice  to 
others,  than  myself.  I  remarked  at  iho  time  I  presented  them, 
that  they  were  resolutions  which  were  passed  upon  the  old  battle 
ground  of  Saratoga,  and  that  they  took  ground  in  favor  of  the  Mex- 
ican war.  I  have  seen  it  stated  in  many  of  the  papers,  that  the 
resolutions  are  against  the  war  !  They  will  speak  for  themselves, 
and  the  report  of  what  I  now  say,  will  correct  the  error. 

BESOLUTION  OF  THE  LEGISLATURE  OF  NEW  JERSEY. 

Mr.  MILLER  presented  a  joint  resolution  of  tiie  Legislature  of 
New  Jersey,  affirming  the  declaration  of  the  sentiments  of  the 
ChicaTo  convention,  in  favor  of  the  improvement  of  the  harbors 
and  navigable  rivers  of  the  country,  through  the  action  of  the  Gen- 
eral Government;  which  was  laid  upon  the  table  and  ordered  to  be 
printed. 

PETITIONS. 

Mr.  DICKINSON  presented  the  petition  of  John  Erickson,  ask- 
in"  compensation  for  his  services  as  engineer  in  planning  and  su- 
perintending the  construction  of  the  steam  machinery  of  the  United 
States  steamer  Princeton;  which  was  referred  to  the  Committee  on 
Naval  Affairs. 

Mr.  FOOTE  presented  the  petition  of  the  heirs  of  Col.  James 
Mayson,  asking  compensation  for  the  services  of  said  Maysnn  dur- 
inn-  the  Revolutionary  war;  which  was  referred  to  the  Committee 
on  Revolutionary  Claims. 

Also,  of  Volney  E.  Howard  and  others,  asking  to  be  relieved 
from  certain  bonds  held  against  them  by  the  United  States  in  pay- 
ment for  certain  lands  which  had  been  proviou.sly  located;  which 
was  referred  to  the  Committee  of  Claims. 

Also,  of  Luke  Lea  and  David  Shelton,  asking  for  a  grant  of 
land  in  Mississippi,  for  the  purposes  of  experimenting  on  turpen- 
tine; which  was  referred  to  the  Committee  on  Public  Lands. 

Mr.  DAVIS,  of  Mississippi,  presented  the  petition  of  certain 
enlisted  men  of  the  ordnance  corps,  asking  to  be  placed  on  the  same 
footing  in  reference  to  re-enlistments  as  other  soldiers;  which  was 
referred  to  the  Committee  on  Military  Affairs. 

Mr.  BRADBURY  presented  the  petition  of  Ambrose  H.  Ab- 
bott and  other  citizens  of  Maine,  asking  the  establishment  of  a 
mail  route  from  Bangor  to  Augusta,  through  Frankfort,  Mon- 
roe, Jcc;  which  was  referred  to  the  Committee  on  the  Post  Office 
and  Post  Roads. 

Mr.  BUTLER  presented  the  petition  of  Moses  D.  Hyams  and 
others,  asking  to  be  allowed  to  change  the  name  of  a  vessel  from 
"  Roger  Bontemps"  to  Palmetto;  which  was  referred  to  the  Com- 
mittee on  Commerce. 


Mr.  BENTON  in  presentmg  the  petition  of  James  F.  Hahday  and 
other  printers  of  the  District  of  Columbia,  asking  the  establish- 
ment of  a  national  jirinting  office  at  the  seat  of  Governmcni, 
remarked  : — I  have  been  requested  by  some  of  the  old  estab- 
lished printers  of  this  city  to  present  a  petition  on  the  subject  of 
the  public  printing.  The  petition  ])ropiiSes  what  has  been  often 
talked  about:  the  establishment  of  a  public  printing  press,  which 
shall  be  under  the  directinn  and  control  of  Congress.  It  sets  Inrth 
reasons  in  favor  of  the  proposition,  reasons  founded  upon  the  long 
experience  of  these  men,  and  consequently  of  the  greaier  value, 
in  a  practical  point  of  view.  I  am  not  entirely  certain  in  what 
manner  the  Briiish  Parliament  have  their  printing  done,  but  I  am 
certain  of  one  thing,  and  that  is,  that  the  printing  that  is  done  for 
them  is  the  best  that  is  done  in  the  world.  They  use  the  best  pa- 
per, and  the  best  type,  .'ind  have  the  best  press- work  that  is  cxc 
cuted  anywhere,  and  their  documents  are  made  up  in  the  best  form 
for  use,  that  is — the  quarto  form — avoiding  the  inconvenience  of  the 
thick  and  unwieldy  octavos  which  soon  break  to  peiees  with  their 
own  weight.  I  sent  to  the  Library  for  a  volume,  and  one  was 
brought  to  me,  taken  quite  at  random,  no  particular  selection  be- 
ing made,  and  I  desire  to  place  it  upon  the  tabic  of  the  Secretary 
that  Senators  m.ay  look  at  it  and  see  the  kind  of  work  that  is  done 
for  the  British  Parliament  and  compare  it  with  the  work  that  is 
done  for  us.  I  desire  Senators  not  only  to  examine  the  works  hut 
to  feel  its  weight,  and  they  will  perceive  its  superiority  over  that 
which  is  done  for  Congress.  This  is  a  matter  which  deserves  at- 
tention; It  is,  I  think,  worthy  of  consideration  whether,  while  all 
the  useful  arts  are  in  as  high  a  state  of  perl'eetion  in  America  as  in 
any  portion  of  the  world,  ilicre  may  not  be  some  improvement  in 
the  manner  in  which  our  [inblic  printing  is  executed.  I  will  .lay 
the  volume  upon  the  Secretary's  table,  and  move  that  the  memorial, 
brief  but  full  of  reasons,  be  printed  and  referred  tu  the  Joint  Com- 
mittee on  the  Public  Printing. 

The  petition  was  referred  to  the  Committee  on  Printing,  and 
ordered  to  be  printed. 

SAMVEL  GRICE. 

Mr.  MASON,  from  the  Committee  of  Claims,  repmled  a  bill 
for  the  relief  of  Samuel  Grice. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

OPERATIONS    OF    GENER.\L    SCOTT. 

Mr.  DAVIS,  of  Mississippi,  submitted  the  following  resolution, 
which  was  considered  by  unanimous  consent,  and  agreed  to  : 

fir.sii!rr(l.  That  liip  ('omniiUee  oil  tlic  l.ilit.lry  lie  itistnic-U'ii  lo  inriuire  into  tlie  e.v- 

iipilienrv  "t  siibsciiliin;,'  lor <:0|iic-sor  llif  iKlltic  ficliN  ;ni(i  route  of  opi?r;ilioiis  ol 

Oeii.  Siott  lu  Itie  vallt-y  of  Mexico,  ilrawu  by  Cai»t.  McClellau,  of  tlie  Toiioi^rajih- 
ical  Eiit;inet'rs,  l_ltiilc'il  Estates  army. 

EXECUTIVE     SESSION. 

On  motion  by  Mr.  SEVIER,  the  Senate  proceeded  lo  the  con- 
sideration of  Executive  business  at  half-past  12  o'clock,  and  re- 
mained therein  to  the  usual  hour;  when — 

The  Senate  adjourned. 


336 


PETITIONS— RESOLUTIONS,  ETC. 


[Tuesday, 


TUESDAY,  MARCH  7,  1848. 


rirriTioNs. 

Mr.  DOWNS  presented  uvo  iiotitions  "f  citizens  ,<]'  Lmiisiana, 
i,rayin<r  the  oslaLli-shnient  nl'  jii.li.-i^il  district  north  ol  lied  river  in 
that  State  ;  whioh  were  relerred  to  llie  Committee  on  the  Judi- 
ciary. 

Mr.  BREESE  presented  tlirce  petitions  of  einzens  of  Illinoi!!, 
pravin-  tlie  estahlishment  of  a  Nad  route  from  Waterloo  to  Spar- 
la  in  tliat  State  ;  weieli  were  referred  to  the  Committee  on  the 
Post  Oifiee  and  Post  Roads. 

Also,  additional  documents  relalinix  to  the  claim  of  PoUv  Taylor 
for  a  pension  ;  whicli  were  rcfcrrc.l  to  til".  Committee  on  Pensions. 

Mr  DIX  presented  a  pelition  of  owners  and  eonsisnees  of  ves- 
sels in  the'port  of  New  York,  praying  the  enactment  of  a  law  to 
facilitate  the  landing  and  warehousing  of  the  cargoes  of  vessels 
arriving  from  foreign  ports  ;  which  was  referred  to  the  Committee 
on  Commerce. 

Mr.  DAVIS  of  Mississippi,  presented  the  memorial  of  Solon 
Borland  in  behalf  of  certain  Arkansas  mounted  volunteers  who 
were  taken  prisoners  tiy  Mexican  troops,  praying  that  they  may 
bo  allowed  full  pay  and  subsislence  during  the  tunc  (j1  their  capti- 
vity ;  wliieh  was  referred  to  the  Coiumitlee  on  Military  Allairs. 

Mr.  FELCH  presented  a  petition  of  citizens  of  Michigan,  pray- 
in"  a  srant  of  public  land  for  the  construction  of  a  road  from 
(Jrecn  Bay  to  Lake  Superior  ;  which  was  referred  to  the  Commit- 
tee on  Public  Lands. 

On  m.ition  by  Mr.  EELCH,  it  was 

Ordered,  That  the  petition  of  Joseph  Lorenger,  on  the  files  of 
the  Senate,  be  referred  to  the  Committee  of  Claims. 


FEES    OK    UNITED    STATES'  .A.TT0BN1ES. 

Mr.  BREESE  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  ; 

Rrjialnf.fi,  Ttiaf  tlip  C'omrnittpp  on  llip  Ju(lici;iry  beiii>trlKrteil  lit  iii'|iiiTe  inlo  the  ex 
pedicncvol'  estaiilisliing  t>y  law  a  tarill'of  lees  for  tile  altornie-^  ol"  llie  Unileii  8lat« 
ill  tiiose  State-  re.-[ieclivfly  wiitrc,  I'or  services  rendered  in  tlie  Supreme  Courts  Uieie 
is  no  established  fee  hill  tlierein,  or  allowance  for  such  services. 

PRIV.^TE    BILLS. 

Mr.  STURGEON,  from  the  Committee  on  the  Post  Office  and 
Post  Roads,  to  whom  was  referred  the  petition  of  Geo.  V.  Mitch- 
ell, submitted  a  report  accompanied  by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  DOWNS,  from  the  Committee  on  Private  Land  Claims,  to 
whom  was  relorrcd  the  petition  of  Stephen  Steele,  reported  a  bill 
to  relimiuish  the  reversionary  interest  of  the  United  States  in  a  cer- 
tain Indian  reservation  in  the  State  of  Alabama,  which  was  read 
and  passed  to  the  second  reading. 

EXECUTIVE     SESSION. 

On  motion  by  Mr.  SEVIER,  the  Senate  proceeded  to  the  con- 
sideration of  E.vceutive  business,  and  after  some  time  spent  there- 
in, the  doors  were  again  opened,  and 

On  motion, 
The  Senate  ailjournod.  ■ 


March  S.| 


PETITIONS— RESOLUTIONS,  ETC. 


337 


WEDNESDAY,  MARCH  8,  1848. 


COMMERCIAL    INTJiRCOURSE    WITH    LIBERIA,    ETC. 

Mr:  SEVIER  siibniitteil  a  cjeographical  and  commercial  me- 
moir, by  Aaron  H.  Palmer,  on  tliii  present  slate  oi'  Lilieria.  Man- 
flmrinr  ami  tlie  Asiatic  Islands  of  the  Northern  Pai-ilic  Ocean, 
showinf,'  their  prodiielions,  trade  and  corameree,  and  llic'  nuport- 
anee  of  ostalishins  eomuiereial  intereoiirso  between  the  Uinted 
States  and  tliose  eonn tries  ;  whieh  was  referred  to  tlic  Committee 
on  the  Library  and  ordered  to  be  printed. 

RESOLUTIONS    OK    THE    LEGISLATURE    OF    INDIANA. 

Mr.  BRIGHT  presented  a  resolution  passed  by  the  Legislature 
nl  the  State  of  Indiana,  in  favor  of  the  enaetment  of  a  law  mak- 
in"  compensation  to  the  Adjutant  General  of  that  state,  for  his 
services  in  raising  and  orianizinsr  two  regiments  of  volunteers  for 
tor  the  service  of  the  United  Slates  in  the  war  with  Mexico;  whieh 
was  referred  to  the  Committee  on  Military  AlFairs. 

PETITIONS. 

Mr.  ATCHISON  presented  the  petition  of  S.  B.  Arden,  pray- 
ing that  certain  periodical  publiealions  may  be  exempted  from 
po'stage  ,  which  was  referred  to  the  Committee  on  the  Post  Olfiee 
and  Post  Roads. 

Mr.  WEBSTER  presented  a  petition  of  citizens  of  Fellowsvillo, 
Preston  county,  Virginia,  asking  Congress  to  consider  the  expedi- 
ency of  endeavoring  to  ellcct  such  change  in  the  laws  as  shall  ap- 
propriate the  proceeds  of  the  public  lands  in  aid  of  the  extinction 
of  slavery,  and  appointing  commissioners,  whose  duty  shall  it  shall 
be,  under  such  conditions  as  Congress  shall  prescribe,  to  purchase 
and  emancipate  female  children  born  prior  to  1856,  and  making 
annual  appropriations  on  a  pledge  of  said  public  lands  with  a  de- 
claratory act  that  from  and  after  l.S.")(i  there  shall  be  no  hereditary 
slavery,  and  all  born  after  that  date  shall  be  free  ;  he  moved  that 
the  petition  be  referred  to  the  Committee  on  Public  Lands. 

Mr.  MASON.— I  am  not  aware  of  the  quarter  from  whieh  this 
petition  comes,  nor  am  I  acquainteil  with  the  rules  of  the  Senate 
in  regard  to  petitions  of  this  description,  but  my  impression  is  that 
according  to  the  practice  of  the  Senate,  it  should  lie  upon  the  table. 

On  motion  of  Mr.  MASON,  the  motion  to  receive  was  laid  on 
the  table. 

Mr.  WEBSTER. — I  can  only  say  that  the  petition  comes  from 
some  of  the  gentleiuaivs  constituents — whom  I  liave  not  the  honor 
to  know — and  who  reside  some  where  in  the  intei'ior  of  the  State 
of  Virginia,  and  that  they  renew  a  proposition  which  was  made 
twenty"  years  ago  from  the  middle  states.  If  the  gentleman  will 
take  the  responsibility  of  saying  what  shall  be  done  with  the  peti- 
tion, I  shall  bo  quite  satisfied. 

P.iTENTS. 

On  motion  by  Mr.  TURNEY,  it  was 
Ordered,  That  fifteen  hundred  additional  copies  of  the  report  of 
30th  Cong. — 1st  Session — No  43. 


the  Committee  on  Patents  and   the  Patent  Office,  on  the  petition 
of  Hcrrick  Aiken,  be  printed  for  the  use  of  the  Patent  Odice. 

CUSTOM    HOUSE    IN   MISSISSIPPI. 

Mr.  DAVIS,  of  Mississippi,  submitted  the  following  resolution, 
which  was  considered  by  unanimous  consent  and  aj^eed  to  : 

licsolvcd.  That,  the  ComniiUecoii  Commerce  he  iii'^trueted  lo  iiiqiiire  into  the  e.\pe- 
dieucy  of  astahhshinf;  a  cu&toin  house  at  the  port  of  Htloxi,  in  the  county  af  ilurrisou, 
uml  i^luteof  Mississippi. 

LIGHT    HOUSES    IN    MISSISSIPPI. 

Mr.  DAVIS,  of  Mississipjii,  submitted  the  following  resolution, 
which  was  considered  by  unanimous  consent  and  agreed  to  : 

Rcsofrctl^'  Th.it  llie  Conmiittee  on  Commerce  he  instructeil  10  inijuire  into  the  e,\pc- 
rlienev  of  providing  tor  the  ereelinn  oFa  hrjlit  hon^e  on  the  west  end  of  Sjiip  Ktand. 
which  is  situated  m  the  (Inlf  of  Mexico,  off  the  coast  of  Mississippi;  also  for  a  light 
lionse  on  snid  coajst,  at  Mu-sissippi  city. 

NAVY    YARD    IN    MISSISSIPPI. 


Mr.  DAVIS,  of  Mississippi,  submitted  the  following  resolution, 
whieh  was  considered  by  unanimous  consent  and  agreed  to  ; 

Jic.^uiriif,  That  the  Committee  on  Naval  .\tTairs  he  instrutted  to  in(jnire  into  the 
expedleni-y  of  estahlishiii^  a  navy  yard  at  the  liarhor  of  ('at  arid  Ship  fslands.  off  the 
coast  of  Mississipiii.  lor  the  jiroteation  of  our  merchant  marine,  enjjaged  in  the  com- 
merce of  llie  Gulf  of  Mexico,  and  Cor  the  repair  and  construction  ol  public  vessels. 

BRIDCE    OVER    THE    E.\STERN    BRANCH. 

Mr.  CAMERON,  from  the  Committee  on  the  District  of  Co- 
lumbia, reported  a  bill  tii  provide  a  free  communication  across  thtt 
Eastern  branch  of  the  river  Potomac  in  the  Dislrict  of  Columbia; 
which  was  read  and  possed  to  the  second  reading. 

CHANGE    OF   NAME. 

Mr.  DIX,  from  the  Committee  on  Commerce,  lo  whom  was  rc- 
ferrod  the  bill  from  the  Hou.se  of  Representatives  to  change  the 
name  of  the  steamboat  Charles  Downing  to  Calhoun,  reported  it 
■witcout  amendment. 

SUPREME    COURT    OF    THE    UNITED    STATES. 

The  bill  from  the  House  of  Representatives  entitled  "An  act 
supplemental  to  to  the  act  entitled  ".^n  act  concerning  the  Su- 
preme Court  of  the  United  States,"  approved  June  17,  l.S-U,''  wa.s 
read  the  first  and  second  times  by  unanimous  consent  and  referred 
to  tlie  Committee  on  the  Judiciary. 

EXECUTIVE     SESSION. 

On  motion  by  Mr.  SEVIER,  the  Senate  proceeded  to  the  con- 
sideration of  Executive  business;  and  after  some  time  spout  therein, 
the  doors  were  again  opened,  and 

On  motion. 

The  Senate  adjourned. 


338 


PETITIONS— BILLS,  ETC. 


[Thursday, 


THURSDAY,  MARCH  9,  1848. 


■PETITIONS. 

Mr.  DAVIS,  of  Mis.-iis^ippi,  prcsoritcil  ihc  memorial  of  John 
Johnston,  senior,  nnil  otht-rs,  pr:iyins  lli;it  provision  tjimv  '"'  inMle 
liy  law  for  fompcoHiting  thcin  for  services  rendenMl  the  ("lioetuw 
Inili.ins  as  eounsel  in  ihe,  proseeulion  of  their  oliiims  iiiidor  tlic 
treaty  of  DaneiiL-;  Rahliit  Creek;  whi(^h  was  referrcil  to  the  Com- 
mittee on  Indian  Affairs. 

Mr.  DIX  presented  the  memorial  of  tl-c  Now  York  Historieal 
Society,  prayini;  the  early  aelion  of  Conrrrcss  on  the  .subject  of  the 
ne-xt  census;  which  was  referred  to  the  Committee  on  the  Judi- 
ciary. 

Also,  a  memorial  of  citizens  of  the  United  Slates,  residiiij;  on 
the  Nortliern  Lakes,  and  the  river  St.  Lawrence,  prayin;;  that 
(lour  manufactured  in  the  United  States,  from  Canadian  wheat, 
and  exported,  may  be  entitled  to  drawback;  wbieli  was  referred 
to  the  Committee  on  Commerce. 

Mr.  FOOTE  presented  a  petition  of  citizens  of  Mississippi, 
pr.iyini;  ihe  cstaiilishment  of  a  mail  route  from  Herbert's  post 
office  to  Quituran,  in  that  State;  which  was  referred  to  the  Com- 
mittee on  the  Post  Office  and  Post  Roads. 

Also,  a  petition  of  the  Baptist  convention  in  Mississippi,  askinp: 
that  certain  territory  may  be  set  apart  for  the  exclusive  use  and 
oeenpaney  of  the  several  Indian  tribes;  which  was  referred  to  the 
Committee  on  Indian  Affairs. 

Mr.  CORWIN  presented  the  memorial  of  Mary  Ann  W.  Van 
Ne.ss.  praying  for  an  extension  of  the  appellate  jurisdiction  of  the 
Supreme  Court  of  the  United  .States  to  the  proceedings  of  the 
Circuit  CoiU't  of  the  United  States  iVu'  the  District  of  Colimdiia, 
on  issues  sent  for  trial  to  tliat  court  from  the  Orphan's  Court  of 
said  district;  whi(;h  was  referred  to  the  Conunittco  on  the  Judi- 
ciary, and  ordered  to  be  printed. 

On  motion  by  Mr.  STURGEON,  it  was 

Ordered,  That  the  memorial  of  Agnes  Slack,  on  the  files  of  the 
Senate,  be  referred  to  the  Committee  on  Public  Lands. 

On  motion  by  Mr.  DIX,  it  was 

Ordered,  That  John  P.  Baldwin  have  leave  to  withdraw  his 
petition  and  papers. 

MESiiAGE    rnOM    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  clerk  : 

JMr.  l*resKloiit  :  Ttie  House  of  Rf[irc^i.nt:itlveB  ]ta\f  j'^-sscl  a  lull  further  In  ^npjilr 
deficiencies  in  the  ainiropnations  for  tlie  sprviep  of  Ihe  (Iseal  year  emliup  the  30tli  of 
June,  1848.  in  which  tliey  reijucsl  the  concUTcnce  of  Uie  Senate. 

Tlie  Speaker  of  the  Home  of  Reprenenlatives  hnvinp  signetl  four  enrolleil  hills,  ami 
an  enrolled  resolution,  1  «ni  directed  to  bring  them  to  thu  Senate  for  tlie  signatnic  of 
their  Pretident. 


DEFICIENCY    BILL. 

The  bill  from  the  House  i^if  Representatives  further  to  i^npply 
deficiencies  in  the  appropriations  for  the  service  of  the  fiscal  year 
ending  the  30th  of  June,  )84S,  was  read  the  first  and  .second  times, 
by  unanimous  consent,  and  referred  to  the  Committee  on  Finance. 

CALL    ON    THE    WAR    DEPARTMENT. 

^  Mr.  JOHNSON,  of  Maryland,  rose  to  make  an  inquiry  of  the 
Chair,  whether  any  reply  had  been  received  to  a  resolution  submit- 
ted by  him  and  ailopted  on  the  .SOth  of  December.  The  resolution 
to  which  he  had  reference,  was  a  call  on  the  War  Department  for 
information  as  to  the  numlicr  of  troops  called  into  the  service  in 
Mexico  since  May,  1S46,  the  number  discharged,  and  the  number 
killed  and  wounded. 

The  PRESIDING  OFFICER  replied  that  the  resolution  had 
not  been  answered. 

Mr.  JOHNSON  then  gave  notice  that  unless  an  answer  should 
be  received  in  the  course  of  a  few  days,  he  would  renew  the  call. 

THE    SUPREME    COURT. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  supple- 
mentary to  Ihe  act  entitled  ''An  act  concerning  the  Supreme  Court 
of  the  Uniteil  States,"  approved  June  17,  184  1,  reported  it  with- 
out amendment. 

SIGNING    OF    BILLS. 

The  Vice  President  signed  the  following  enrolled  bills  and  en- 
rolled resolution  : 

An  act  to  make  .lUaehmenti  which  are  made  under  proceii  issiiinfr  from  the  Courts 
of  the  t  Inited  States  conform  to  the  laws  regulating  such  attachmenU  in  Ihe  I'ourls  of 
the  States. 

An  act  ifroxiding  for  the  payment  of  the  claim  of  Walter  R.  Johnson,  ag.-iinst  the 
United  States. 

An  act  concerning  the  fourts  of  tlie  Ignited  Slates  in  and  for  the  District  of 
Michigan. 

An  act  for  the  relief  of  the  admiiiistratrn  of  EIr.lia  L   Keen,  deceased. 

A  resolution  for  the  relief  of  ik'tacy  Mcintosh. 

executive  session. 

On  motion  by  Mr.  SEVIER,  the  Senate  proceeded  to  the  con- 
sideration of  Exacutive  business,  and  after  some  time  spent  therein, 
the  doors  were  again  opened,  and         ■    ;  .,- 

On  motion. 

The  Senate  adjourned. 


March   10.  | 


RESOLUTIONS— PRIVATE  BILLS,  ETC. 


339 


FRIDAY,  MARCH  10,  1848. 


PETITI0X9. 

TliR  VICE  PRESIDENT  presented  a  memorial  of  citizens  of 
the  Dislrint  ol'  CoUinibia,  ami  of  other  portions  of  the  United 
States,  praying;  the  purchase  of  Mount  Vernon  liy  ihe  government; 
which  was  referred  to  the  Committee  on  the  District  of  Columbia 
and  ordered  to  be  printed. 

Mr.  DOWNS  presented  the  petition  of  William  W.  Wall,  pray- 
ing the  confirmation  of  his  title  to  a  tract  of  land  in  the  State  of 
Louisiana;  which  was  referred  to  the  Committee  on  Private  Land 
Claims. 

PRIVATE    BILLS     REPORTED. 

Mr.  MASON,  from  the  Committee  of  Claims,  to  whom  was  re- 
ferred the  petition  of  Stalker  and  Hill,  submitted  a  report  accom- 
panied by  a  hill  for  their  relief. 

The  bill  was  read  and  passed  to  the  second  readinij. 

Ordered,  That  the  report  be  printed. 

Mr.  ATCHISON,  from  the  Committee  on  Indinn  Affairs,  to 
whom  was  referred  the  petition  of  H.  B.  Gaither,  submitted  a  re- 
port, accompanied  by  a  resolution  for  his  relief. 

The  resolution  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  bo  printed. 

SCHOOL    LANDS    IN    TLORID.^. 

Aareeably  to  notice,  Mr.  YULEE  asked  and  obtained  leave  to 
bring  in  a  bill  concerning  school  lands  in  the  Stale  of  Florida;  which 
was  read  the  lirst  and  second  times  by  unanimous  consent,  and  re- 
ferred to  the  Committee  on  Public  Lands. 

MESSAGE   FROM    THE    HOtJSE. 

The  following  message  was  received  from  the  House  of  Rejire- 
sentativcs,  by  Mr.  Campbell,  their  Clerk  : 

Mr.  President :  The  House  of  Representatives  have  pa.sseit  a  bill  tn  amenil  on  act  en- 
titled "An  act  to  regulate  file  proceedings  in  the  Circuit  Court  of  the  United  States, 
undibr  other  purposes."  passed  8th  August,  184U  ;  in  which  lliey  request  the  concur- 
rence of  the  Senate. 

HOUSE    BILLS    REFERRED. 

The  bill  from  the  House  of  Representatives  directing  the  mode 
of  settling  the  claims  of  Charles  G.  Ridgely,  was  .lead  the  first 
and  .second  limes  by  unanimous  i;onseut,  and  referred  to  the  Com- 
mittee on  Foreign  Relations. 

The  bill  from  the  House  of  Representatives  for  the  relief  of  Da- 
vid Thomas,  of  Philadelphia,  was  read  the  first  and  second  times 
by  unanimous  consent,  and  referred  to  the  Committee  on  Finance. 

The  bill  from  the  House  of  Representatives  for  the  relief  of  the 
heirs  and  legal  representatives  of  Regnald,  alias  Nick  Hillary, 
was  read  the  lirst  and  second  times  by  unanimous  consent  and  re- 
ferred to  the  Committee  on  Revolutionary  Claims. 

The  bills  from  the  House  of  Representatives  for  the  relief  of 
Nancy  Tompkins,  and  for  the  relief  of  Stephen  Chainplin,  were 
severally  read  the  lirst  and  second  limes  by  unanimous  consent 
and  referred  to  the  Committee  on  Naval  Affairs, 

The  bills  from  the  House  of  Representatives  for  the  relief  of 
Calvin  Emmons,  and  for  the  relief  of  E.  G.  Smith,  were  severally 
read  the  first  and  second  times  by  unanimous  consent  and  rcfcrreil 
to  the  Committee  on  Patents  ami  the  Patent  Office. 

The  hills  from  the  House  of  Representatives  for  the  relief  of 
John  Mitchell,  and  for  the  relief  of  John  Manly,  were  severally 
read  the  first  and  second  times  by  unanimous  consent  and  referred 
to  the  Committee  on  Pensions.  , 


The  hills  from  the  House  of  Representatives  for  the  relief  of 
Bent,  St.  Vrain  and  Conijiany  ;  for  the  relief  of  William  Hogan, 
administrator  of  Michael  Hogan,  deceased  ;  for  the  relief  of  James 
McAvoy  ;  for  the  relief  of  Charles  Benns  ;  for  the  relief  of  William 
Ralston  ;  and  for  the  relief  of  Bennet  M.  Dell,  were  severally  read 
the  first  and  second  times  by  unanimous  consent  and  referred  to 
the  Committee  of  Claims. 

THE  SUPREME    COURT. 

Mr.  BERRIEN  expressed  a  desire  that  the  bill  wnich  had  for 
its  object,  the  relief  of  the  .Supreme  court  from  the  pressure  of 
business,  might  now  be  taken  up.  The  Supreme  Court  was  about 
to  adjourn,  and  it  was  important  that  the  fate  of  the  bill  should  be 
ascertained  before  the  adjournment  of  the  court,  as  in  the  event 
of  its  passage,  the  provision  would  be  made  for  an  additional  terra 
during  the  present  year  in  the  hope  of  relieving  the  docket.  He 
moved  a  postponement  of  t4ie  prior  order,  that  the  Senate  might  at 
once  proceed  to  the  consideration  of  that  hill. 

Mr.  ASHLEY  rose  only  for  the  purpose  of  saying,  that  when 
the  bill  referred  to  by  the  gentleman  from  Georgia,  was  taken  up 
it  would,  in  his  judgment,  be  found  to  demand  the  mature  consid- 
eration of  the  Senate  before  it  should  be  passed.  He  had  reported 
the  bill  by  the  direction  of  the  majority  of  the  Comiuitlee  <iii  the 
Judiciary,  but  the  majority  of  that  committee  had  directed  liira 
whenever  the  bill  came  up.  to  oiler  an  amendment,  with  the  view 
of  bringing  the  whole  subject  before  the  Senate,  that  it  might  re- 
ceive a  proper  consideration.  The  majority  nl  ihi'  committee  be- 
lieved that  the  hill  would  produce  ijreatly  more  injury  to  the 
mass  of  the  community  than  if  tiie  law  remained  as  it  was.  The 
bill  left  one  whole  class  of  claims  utterly  unprovided  for,  and  m.ade 
no  provision  whatever  for  cases  of  appeal  from  the  District  to  the 
Circuit  Court. 

Mr.  DAYTON  suggested  that,  as  the  hill  had  not  been  yet 
taken  up.  it  might  be  as  well  before  proceeding  farther,  to  bring 
it  up.     He  therefore  moved  to  take  up  the  bill. 

Mr.  ASHLEY  remarked,  that  he  was  aware  that  the  bill  had 
not  yet  been  taken  up,  and  his  object  was  to  present  some  reasons 
why  it  should  not  he  taken  up  at  that  time.  It  would  be  quite 
impossible  to  get  through  with  the  bill  during  the  morning  hour. 

Mr.  SEVIER  said  that  he  had  given  way  to  the  Senator  from 
Georgia,  under  the  impression  that  there  would  not  be  any  dis- 
cussion; but  as  it  was  apparent  that  the  bill  could  not  soon  be 
disposed  of,  he  would  move  that  the  Senate  now  proceed  to  the 
consideration  of  E.\ecutive  business. 

Mr.  BENTON  rose,  but  yielded  to— 

Mr.  BERRIEN,  who  remarked,  that  he  had  now  fulfilled  his 
duty  by  calling  the  bill  to  the  notice  of  the  Senate,  in  which  the 
ch.airman  of  the  Committee  on  Foreign  Relations  had  kindly  ac- 
quiesced. He  was  of  course  not  at  all  desirous  to  delay  other 
import.ant  business;  and,  therefore,  he  would  withdraw  his  motion 
to  take  up  the  hill. 

ADJOURNMENT    OVER. 

On  motion,  it  was 
Ordered,  That  when  the  Senate   adjourn  it  bo  to  Tuesday  next. 

EXECtJTIVE    SESSION. 

On  motion  by  Mr.  SEVIER,  the  Senate  proceeded  to  the  con- 
sideration of  Executive  business  ;  and,  after  some  time  spent  there- 
in, I  he  tloors  were  again  opened,  and 

On  motion, 

The  Senate  adjourned. 


340 


PETTTION.S— RESOLUTIONS,  ETC. 


[Tuesday, 


TUESDAY,  MARCH  14,  1848. 


REPORT  FROM  THE  TREASURY  riEPARTMENT. 

The  VICE-PRESIDENT  laid  before  the  Senate  a  report  of  the 
acting  Secretary  of  tlie  Treasury,  made  ajjreeably  to  law,  cxhihi- 
tin<?  certain  contracts  and  expenditures  durin;,'  the  periods  anil  lor 
the  objects  therein  mentioned* 

RESOLUTIONS    OF  THE   LEGISLATURE   OF  NEW   YORK. 

Mr  DICKINSON  presented  a  resolution  jiassed  by  the  Leu'is- 
lature  of  the  State  of  New  York,  in  favor  of  an  extension  ol  the 
acts  "rantiii"  pensions  to  the  widows  ot  ollieers  and  soldiers  ol  the 
RevoTution  ;^which  wa.s  laid  upon  the  table  and  ordered  to  be 
printed. 

Mr.  DIX  presented  a  resolution  passed  by  the  Legislature  of 
New  York,  in  opposition  to  any  ehanf;e  in  the  act  of  the  2d  of 
March,  IS37,  concerning  pilots;  which  was  laid  upon  the  table  and 
ordered  to  be  printed. 

PETITIONS. 

Mr.  ASHLEY  presented  the  petition  ofSeneca  G.  Simmons,  an 
otiieer  in  the  anny,  ]ir;iyiii^f  to  be  rtdeased  from  liability  for  certain 
public  money  stolen  from  iiis  possession  in  Mexico;  which  was  re- 
ferred to  the  Committee  on  Military  Alfairs. 

Also,  a  petition  of  citizens  of  the  eonnties  of  Bradley  and  .lef- 
ferson,  in  Arkansas,  praying  to  be  allowed  the  right  of  pre-emp- 
tion to  the  lands  on  which  they  have  .settled;  which  was  laid  upon 
the  table. 

Also,  the  petition  of  .Toscjih  M.  Merriwether,  and  a  petition  of 
a  nundier  of  citizens  of  Arkansas  in  his  behalf,  praying  to  be  al- 
lowed the  right  of  pre-emption  to  a  tract  of  land;  which  were  re- 
ferred to  the  Committee  on  Public  Lands. 

Mr.  DICKINSON  presented  the  memorial  of  11.  N.  Denison, 
praying  the  payment  of  an  aeee|)tcd  draft,  drawn  by  James  Ree- 
side,  mall  contractor,  on  the  Post  OlTiee  Deparlment;  which  was 
referred  to  the  Committee  on  the  Post  Ofiice  and  Post  Roads. 

On  motion  by  Mr.  BREESE,  it  was 

Ordered,  That  tlie  petition  of  Enielinc  Owens,  on  the  files  of  the 
.Senate,  be  referred  to  the  Cmiimittee  on  Military  Afl'airs. 

On  motion  by  Mr.  CALHOUN,  it  was 

Ordered,  'J'h.at  the  petition  of  Robert  M.  Harrison,  on  the  files 
of  the  Senate,  be  referred  to  the  Committee  on  Foreign  Relations. 

On  motion  by  Mr.  HUNTER,  it  was 

Ordered,  That  William  Storke  Jett  have  leave  to  withdraw 
his  petition  and  papers. 

COMPENSATION    TO    WITNESSES. 

Mr.  DOWNS  submitted  the  following  resolution,  which  was 
connidered  by  unanimous  consent  and  agreed  to: 

RpsalrnU  Tli.it  ttie  roiniiiittoe  on  tlie  Juiliciary  be  instructed  loin(|niro  wlictlicr 
nnv  I'lirUler  provision  bv  l:iw  iii:iy  be  neci^sary  to  uutliorizi-  Ilu*  snrnc  i-oin[K'nsalroii  to 
be  |i:utl  to  witnrsses  in  tlie  courts  of  tbe  United  Stales  on  llir  |,.iil  i.l'  llie  (Icli-ndaiit  as 
on  llic  part  of  tlie  governnicnt,  and  to  report  Ijy  bdl  or  olberwise 

NOTICE    OF    A    RILL. 

Mr.  ASHLEY  gave  notice  that  on  to-morrow,  or  at  an  early 
day,  he  would  ask  leave  of  the  Sentite  to  bring  in  a  bill  lo  regu- 
late the  fees  in  the  several  courts  of  the  United  States. 

INDIAN.\    BONUS.  ■■   -  ' '    ■ 

Mr.  CLAYTON,  from  the  Cominitlee  on  Finanee,  tn  whom 
was  referred  the  bill  authorizing  the  surrender  of  certain  bonds 
held  by  the  United  States  to  the  State  of  Inifiana,  reported  the 
same  with  amendments,  and  submitted  a  special  report  on  the  siili- 
jeet;  which  was  ordered  to  be  printed. 

GRADUATION    BILL. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  to  reduce  and  graduate  the  price  of  the  public 
lands,  and  fur  oilier  iiiuposcs,  reported  it  without  .■uiieiidmeiil. 

THE    LOAN    niLL. 

Mr.  ATHERTON,  from  the  Committee  on  Finance,  to  whom 
was  referred  the  bill  Irom  the  House  of  Ueprescntativcs  to  author- 
ize a  loan  not  to  exceed  the  sum  of  sixteen  millions,  reported  it 
with  amendments. 

DEFICIENCY    HILL. 

Mr.  ATHERTON,  from  the  Committee  on  Finance,  to  whom 
was  referred  the  hill  from  the  Iloiisi'  of  Representatives,  further 
to  supply  delieien«ieii  in  the  approjirialions   lor  the  service  of  thu 


fiscal  year  ending  the   301  li   June,    1S4S,   reported  it  with  ame.dj 
menls. 

PRIVATE    BILLS,    ETC. 

Mr.  NILES,  from  the  Committee  on  the  Post  Oflicc  and  Post 
Roads,  to  whom  was  referred  the  petition  of  Alfred  White,  re- 
ported a  bill  for  his  relief;  which  was  read  and  passed  to  the 
second  reading. 

Mr.  DICKINSON,  from  the  Committee  on  Finance,  to  whom 
was  referred  the  bill  for  the  relief  of  Benjamin  Adams  and  Com- 
pany, reported  it  without  amendment. 

Mr.  WESTCOTT,  from  the  Committee  of  Claims,  to  whom 
were  referred  the  petition  of  Volncy  E.  Howard,  and  the  memo- 
rial of  Isabella  Cole,  executrix  of  William  Cole,  deceased,  sub- 
mitted ri'|iorts  thereon;  which  were  ordered  to  be  printed. 

VIRGINIA    REVOLUTIONARY    CLAIMS. 

Agreeably  to  notice,  Mr.  UNDERWOOD  asked  and  obtained 
leave  10  bring  in  a  bill  to  provide  Ibr  the  unpaid  claims  of  the 
officers  and  soldiers  of  the  Virginia  State  and  Continental  lines  of 
the  revolutionary  army;  which  was  read  the  first  and  second 
times,  liy  unanimous  consent,  and  referred  to  the  Committee  on 
Public  Lands. 

MESSAGE    FROM    THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  clerk: 

Mr.  President ;  Tlie  Prrsideiit  of  tbe  United  Slates  approved  and  signed  tbe  9tli 
inst.'iut  llie  tbllovvinf;  bills  and  resolution  : 

An  act  to  amend  an  act  entitled  "An  act  in  aniendinenl  of  llie  acts  resjieetine  tlio 
judicial  sy.steni  of  tlie  ttiiited  St.il.es." 

An  act  granting  tbc  franking  privilege  to  Lonisa  Catiiarine  Adams. 

Joint  resolution  expressive  of  tbetbaiiks  of  Congress  to  Major  Oener.il  Winfield 
Seoll .  and  tbe  troops  under  bis  eninniand,  for  tbeir  distingnisbed  gnilantry  and  good 
eoniluet  in  Ilie  canijtaign  of  1S47. 

MESSAGE  FROM   THE   PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary  : 

Mr.  Previilent :  Tbe  President  of  tbe  United  Stales  ajiproved  and  signed  tlie 'Jtli 
in^tanl  ibe  following  bills  and  lesolntion  : 

An  ael  for  Ibe  relief  of  the  administratrix  of  Klisba  L.  Keen,  deceased. 

An   act  for  tbe  pavment  of  tbe  claim  of  Walter  R.  Johnson   against   tbe  United 

Stales. 

An  act  to  make  atticbments  which  are  made  under  process  issuing  from  the  courts 
of  llic  United  States  conform  lo  the  laws  regulating  sucli  attacbmenus  in  tbe  courts  of 
the  States. 

An  act  concerning  the  courts  of  llic  United  States  in,  and  for  the  district  of  Michi- 
gan. 

A  rcsoltilion  lor  llie  relief  of  Ret.;ey  Mcintosh. 

DEFICIENCY    BILL. 

On  motion  by  Mr.  ATHERTON,  the  prior  orders  were  post- 
poned, and  the  Senate  proceeded  to  eonsiilefj  as  in  Committee  of 
the  Whole,  the  bill  from  the  House  of  Representatives  further  to 
supply  deficiencies  in  the  apprripriations  for  the  service  of  the  1  seal 
year  ending  the  3()th  June,  1848. 

The  bill  having  been  partially  amended — 

Mr.  HALE  inquired  of  the  chairman  of  the  Finance  Commit- 
tee, whether  the  item  of  five  thousand  dollars  for  expenses  in  the 
issue  of  Treasury  notes,  was  intended  to  be  appropriated  to  tho 
payment  of  ofiicers  now  receiving  salaries? 

Mr.  .\THERTON  replied  that  he  did  not  so  understand  it. 
The  appropriation  for  this  purpose,  if  he  were  correctly  informed, 
amounted  in  the  whole,  to  forty  thousand  dollars.  There  was 
amongst  the  pa|icrs  aeeompaiiying  the  bill,  a  statement  of  the  dis- 
liuiscmeiits  during  the  eiureiit  liscal  year,  under  that  appro|iria- 
tioii,  amounting  lo  thirty-eight  thousanu  dollars.  The  sum  appro- 
priated being  thus  nearly  exhausted,  it  was  estimated  by  the 'I'rea- 
siiry  Department,  that  an  additional  appropriation  of  five  thousand 
dollars  would  be  necessary.  He  then  sent  to  the  desk  a  statement 
of  these  expenditures,  which  was  read  by  the  Secretary. 

Mr.  HALE  tljen  moved  a  proviso,  tlmt  no  part  of  this  sum 
should  be  paid  to  olliccrs  receiving  salaries  for  issuing  or  signing 
Treasury  notes. 

Mr.  ATHERTON  said  he  bad  not  the  slightest  objection  to  the 
amendment. 

.  -  EXECUTIVE    SESSION. 

Mr.  MANGUM  then  said,  that  with  the  permission  of  the  hon- 
orable chairman  of  the  Finance  Committee,  ho  would  move  that 


March  14.] 


THE  TEN  REGIMENT  BILL. 


341 


tlio  liill  before  the  Senate  bo  passed  over  inrnrmall)',  with  t.lie  view 
nt'niakinij  another  motion, 

Mr.  ATHERTON  assented. 

Mr.  MANGUM  then  moved  tliat  the  Senate  proeeed  to  tlio  con- 
sideration ol'Exeentive  business. 

The  motion  beinji  agreed  to,  the  Senate  proceeded  to  the  con- 
sideration of  Executive  business 

DEFICIENCY    RII.L. 

The  doors  havinq;  Ijeen  re-ojicned,  the  Senate  resumed  the  con- 
sideration ol'  the  bill,  supplying  deticencies  in  the  appropriations 
lor  the  current  year. 

Mr.  HALE  said,  tliat  as  he  had  ascertained  that  a  similar 
provision  had  been  inserted  in  the  loan  bill,  he  woulil  withdraw  his 
amendment. 

Mr.  BKNTON  moved  further  to  amend  the  bill  by  striking  out 
the  item  allowing  a  Chargo  to  the  Papal  States  and  inserting 
"  minister  plenipotentiary,"  and  to  increase  the  aiipropriation  from 
fS22,00U  to  $31,000. 

THE  TEK  REGIMENT  BILL. 

Mr.*C'ASS  then  said  : — This  hill  will,  it  is  now  evident,  lead  to 
a  somewhat  protracted  discussion,  and  I  theieforc  hope,  that  it 
will  be  pa.ssed  over  inl'orinally,  and  that  the  Senate  will  take  up  the 
ten  regiment  bill,  I  shall  not  trouble  ihc  Senate  with  any  remarks 
in  support  of  this  suggestion,  but  merely  express  the  hope,  thai 
gentlemen  will  acc[uiesee  in  the  propriety  of  adopting  it, 

Mr,  WEBSTER,— I  hope  that  further  debate  on  the  ten  regi- 
ment bill  will  not  be  prosecuted  until  a  certain  matter  now  pend- 
ing, and  to  which  I  may  not  at  present  further  refer,  shall  have 
been  decided  in  one  way  or  another.  I  have  no  disjiosititm  t(»  defer 
the  consideration  of  the  bill,  but  in  my  judgment  it  is  important 
that  the  matter  to  ■which  1  have  alhuled  should  bo  dceidetl  before 
this  military  liill  be  taken  up, 

Mr,  CASS, — I  do  not  understand  at  all  how  any  motion  in  secret 
session  can  have  any  relation  to  this  bill.  There  is  no  necessity 
to  affect  mystery  where  there  is  none.  The  whole  worlil  knows 
that  a  minister  goes  shortly  to  Mexico. 

Mr.  WEBSTER.— The  whole  world  knows  what  ? 

Mr.  CASS. — That  .somebody  goes  to  Mexico  with  a  certain 
paper.  There  are  two  very  special  reasons  why  wc  should  ai;t  on 
this  bill  promptly.  We  should  be  prepared  for  the  most  vigorous 
prosecution  ol' the  war  if  that  paper  should  be  rejected  by  Mexico. 
We  all  know  that  the  government  of  Mexico  is  tottering  and  un- 
stable— we  all  know  the  diflieulties  to  which  it  is  exposed — and 
therefore  we  ought  to  be  prepared,  in  the  event  of  the  failure,  to 
ratify  the  treaty.  We  k-iow  of  what  elements  the  Mexican  na- 
tion, like  all  otiicr  nations,  is  corajioscd.  We  ought  to  satisfy  them 
th.it  we  intend  to  prosecute  the  war  with  the  utmost  vigor  in  order 
to  hold  out  powerful  motives  for  the  ratification  of  the  treaty. — 
When  asked  the  other  day  if  my  object  was  to  frighten  Mexico, 
I  answered  that  it  was  by  all  means.  It  is  a  great  deal  more  hu- 
mane to  frighten  than  to  "tight  the  Mexicans.  It  is  also  more  eco- 
nomical. The  object  of  all  wars  is  to  compel  a  treaty  of  peace; 
and  that  great  object  is  best  to  be  attained  by  satisfying  your 
enemy  of  the  injuries  to  which  they  must  inevitably  be  exposed  by 
continued  resistance.  Our  true  policy  now  obviously  is,  lo  adopt 
promptly  the  most  vigorous  measures,  with  the  view  of  inducing 
the  government  of  Mexico  to  ratify  the  treaty,  and  the  people  of 
Mexico  to  observe  it  when  it  is  made.  Who  can  deny  that  if  the 
intelligence  of  the  passage  of  this  bill  accompanied  the  treaty,  it 
would  exercise  an  all-important  inlluenco  in  the  ratification  of  the 
treaty  ?  The  next  best  thing  for  us  to  do  is,  the  prompt  passage 
of  the  bill.  I  trust  it  will  bo  promptly  passed,  and  as  I  should 
hope,  nnanimonsly. 

Mr.  DOUGLAS. — I  merely  desire  to  know  to  what  treaty  the 
honorable  gentleman  alluded  ? 


Mr.  CASS.— I  am  really  at  a  loss  to  know  why  any  mystery 
should  be  affected  in  this  matter.  I  suppose  that  there  is  some- 
where a  certain  paper,  and  that  the  world  knows  all  about  it. 

The  PRESIDING  OFFICER.— Does  the  .Senator  make  any 
specific  motion  ? 

Mr.  CASS.— I  move  that  the  prior  order  be  postponed,  and  that 
this  bill  be  taken  up. 

Mr.  BERRIEN. — The  object  of  the  Senator  m.av  be  pcii.aps 
obtained,  and  the  objection  of  the  Senator  from  Massachu.setts  be 
removed,  if  the  motion  just  made  be  withdrawn,  in  order  that  I 
may  bo  allowed  lo  submit  a  motion  that  the  Senate  proceed  to  the 
consideration  of  Exc«utive  business. 

Mr.  CASS. — I  have  no  objection  if  that  hasten  the  conclusion 
of  the  matter,  and  enable  gentlemen  to  vote  upon  it. 

Mr.  BERRIEN,— I  move  then  that  tbe-Senate  proceed  to  the 
consideration  of  Executive  business. 

CH.\IIIM.\N'    OF  THE  COMMITTEE   ON  I^OREIGN  REr,.\TI0NS. 


—Before  the  question  is  put.  I  beg  that 
raw  his  motion,  in  order  to  allow  ine  to 
of  important  business,  and  some  of  it  t>f 
;is  I  am  informed  is  before  the  Commil- 
;,  We  have,  this  morning,  removed  .the 
ly  a|ipointing  him  to  another  olllce,  ami 
1  on  the  list  of  members  of  the  coinuiiltcc 
of  chairiiian,  1  suppose  that  the  usual 
t  it  is  entirely  proper,  that  the  geiitlem.an 
norablc  gentleman  from  Indiana,  [Mr, 
ppointcd  to  that  place.     I  move  that    he 


Mr,  CRITTENDEN,- 
the  gentleman  will  withdi 
make  one,  A  good  deal 
rather  an  urgent  nature,  i 
tec  on  Foreign  Relations 
head  of  that  committee  1 
the  gentleman  next  to  bin 
declines  taking  the  place 
course — at  all  events,  tha 
who  stands  next,  the  ho 
Hannegan,]  should  be  a 
be  appointed. 

It  was  then 

Ordered,  That  Mr,  Hanneg.in  be  apjiointcd  chairman  of  the 
Committee  on  Foreign  Relations  in  the  ]dacc  of  Mr,  Skvier,  and 
the  vacancy  in  the  committee  be  tilled  by  the  apiiointmcnt  of  the 
Presiding  Officer. 

Mr.  Mason  was  .accordingly  appointe.i. 

deficiency  bill. 

The  PRESIDING  OFFICER.— It  is  necessary  to  make  some 
disposition  of  the  bill  now  belbrc  the  Senate. 

Mr.  BERRIEN.— Let  it  be  laid  over  informally. 

Mr.  ATHERTON. — I  am  of  eonrse  unwilling  to  insist  on  the 
consideration  of  this  bill,  if  the  honorable  chairman  of  the  Com- 
mittee on  Military  Affairs  wi.shes  to  go  on  with  the  regular  order 
of  the  day;  and  I  wonld  give  way  for  that  purpose.  But  I  should 
very  much  regret  that  the  Senate  should,  for  any  other  purpose, 
postpone  the  consideration  of  this  bill,  on  which  speedy  action  is 
necessary,  as  some  branches  of  the  public  service  must  sutler  in 
ease  't  jpassagc  should  be  delayed.  The  ten  regiment  bill  has  of 
course  the  right  of  priority,  and  to  it  I  am  prepared  to  yield.  But 
I  now  rise  to  give  notice  that  I  shall  to-morrow  request  the  Senate 
to  resume  the  consideration  of  this  bill. 

Mr.  CASS. — I  have  already  stated  my  own  views,  and  will  cheer- 
fully consent  to  the  request  of  the  gentleman  so  far  as  regards  my- 
self. My  great  object  is  to  obtain  the  immediate  passa'ge  of  the 
bill. 

The  further  consideration  of  the  bill  was  then  postponed  till  to- 
morrow. 

EXECUTIVE  SESSION. 

Mr.  BERRIEN.— I  renew  my  motion. 

The  motion  being  agreed  to,  the  Senate  proceeded  to  the  con- 
sideration of  Executive  business,  and  after  some  time  spent  therein, 
the  doors  were  opened,  and 

On  motion. 

The  Senate  adjourned. 


342 


PETITIONS— RESOLUTIONS,  ETC. 


[Wednesdai 


WEDNESDAY,  MARCH  15,  1848. 


KESIONATION    OF    SENATOR    .SEVIER. 

The  VICE  PRESIDENT  laid  before  the  Seimte  a  letler  from 
the  Hon.  Amurose  H.  Sevier,  resigning  iiis  seat  in  the  Senate  ol 
the  United  States  j  which  was  read. 

On  motion  Ijy  Mr.  ASHLEY,  it  was 

Ordered,  Tliat  the  Vice  President  he  requested  u,  inl'nnn  the 
Exeentive  of  the  Slate  of  Arkansas  that  the  Hon.  Amuuose  H. 
Sevier  has  this  day  resigned  his  seat  in  tlie  Senate. 

■   '  BKI'liRT  FROM    THE    NAVY    DEPARTMENT. 

The  VICE  PRESIDENT  laid  before  llic  Senate  a  report  nfthe 
Seeretarv  "f  ll"'  N'avy,  made  agreeably  to  law,  aecomiianied  by  a 
slateineiit  frnm  the  Seeoiid  Cooipl  roller  of  the  Treasury  of  ihe  ap- 
inopria  I  ions  f<n- the  naval  servi.e  for  flie  tiseal  year  ending  Jnne 
30lh,  1*17. 

RESOI.TTTIONS   OF  THE   LEGlSI.ATtJRE   OF  I'ENN.SVr.VANlA . 


Mr.  CAMERON 


jtresented  a  pream!)le  and  resolutions  passed 
if  the  State  uf  Pennsylvania,  ii.  fa.vor  of  the 
eonstruetion  of  a  rail  road  from  Lake  Michigan  Ici  the  Paeilie 
Oeeari,  on  ihe  plan  proposed  by  Mr.  Whilney  ;  which  were  laid 
upon  the  table. 

PETITIONS.  ,  .  . 

Mr.  BENTON  presented  a  petition  of  citizens  of  St.  Louis, 
Missouri,  praying  llie  adojition  of  measures  ftir  ihe  re-establish- 
ment of  Peace  belwe(ni  the  United  Slates  and  Mexico  ;  which  was 
laid  upon  the  table. 

Mr.  CAMICRON  presented  a  petition  of  citizens  of  Pennsylva- 
nia, praying  that  the  United  States'  army  may  be  recalled  from 
Mexico  and  peace  established  with  that  republic  ;  which  was  ri'- 
ferred  to  the  CmTimittee  on  Military  Affairs. 

Also,  a  jielilion  of  citizens  of  Penhsylv.inia  praying  tlie  estab- 
iislnneut  of  a  mail-route  from  Providence  lo  Tufion  in  that  Stale  ; 
which  was  referred  to  the  Committee  on  the  Post  Office  and  Post 
Roads. 

Alsn,  the  petition  of  Leonard  Gray,  a  soldier  in  the  last  war 
with  (ireat  Rrilain,  praying  to  Ite  allowed  a  pension  ;  wltii-h  was 
referred  to  the  ('omniittee  oa  Pensions. 

Mr.  LEWIS  presented  a  petition  of  citizens  of  Clarke  county, 
Alabama,  praying  the  establislunent  of  a  mail-route  from  Wilder- 
ness Post  Ollice  to  Mott's  Post  Olliee  in  that  State  ;  which  was 
referred  to  the  Corainittee  on  the  Post  Odiee  and  Post  Roads. 

Also,  the  petition  of  T.  L  Smith,  jiraying  a  grant  of  land  to 
the  Eufauhi  and  Geneva  Raiiroatl  Comjiany  to  aiil  in  the  construc- 
tion of  a  railroad  from  Eufaula  to  Pirnsacola  ;  which  was  referred 
to  I  be  Committee  on  Public  Lands. 

COMPENS.^VTION  TO    J.\MES    MOORE. 

Mr.  RENTON  sulnuitlcd  ihe  followin^r  resolution,  which  was 
read  llie  hrst  :nid  second  tine's  by  tinatiituous  consent,  and  referred 
to  the  Committee  on  the  Contingent  f'xjiciuses  of  the  Senate  : 

firsiifvril^  Thai  till'  SecreUiry  of  the  Senate,  nilovv  aiirl  pay  out  or  Mie  t'cnnii-.'ciil 
fiiiui  111'  Uie  SiMiatc.  lo  James  Moore,  the  same  [ler  ilieiii  (roiu|ierisalii,ii  lli:il  is  miw  al 
loweil  anil  |>:jii!  lo  the  hoys  iLs^TsIiii^  Ihe  mail  earners  of  tlie  Seiiale,  lie  lja\  iiil'  jier 
formed  the  same  iliitiesilurin^j  the  'J-th  Coiiijix^ss  without  eom|ieiisaliiiii. 

TEXAS    BONDS. 

Mr.  WESTCOTT,  from  the  Committee  on  the  Judiciary,  to 
whom  Wiis  referred  the  petition  of  Ercdcriek  Dtiwson,  .lames 
Scholl,  and  Elisha  Dana  Whitney,  suhniitted  a  report  aeeompa- 
nied  by  a  bill  for  their  reliid'. 

The  hill  was  read  and  passed  lo  the  second  re;ulin<'. 

Ordered,  That  the  report  be  printed. 

Mr  WESTCOTT,  from  the  stune  Committee,  to  whom  was 
referred  the  pelilion  of  Leslie  Combs,  submitted  ii  repprt  which 
was  orilercd  lo  be  printed. 

ADVERSE    REPORT. 

Mr.  MASON,  from   tlie    Committee  of  Caims,  to  whom  was 
elerred   the  memorial  of  the  wiilow    and  h'gal   representatives  of 
Reuben  Lassiter,  submitted  an  adverse  report  ;  which  was  ordered 
be  printed. 

HOUSE    niM.S    SEPOHTEI). 

Mr.  .lOIINSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sioiis,  to  whom  were  referred  the  bills  from  the  House  of  Repre- 
sentatives for  the  relief  of  .lohn  Mil  obeli,  and  for  the  relief  of  ,lohn 
Mauley,  reported  iheni  without  ameiuUncnt. 


TERRITORY    OF    NEBRASKA. 

Acrceably  to  notice,  Mr.  DOUGLAS  asked  and  obtained  leave 
to  bring  in  a  bill  to  establish  the  Territory  of  Nebraska  ;  which 
was  read  the  tirst  and  second  times,  by  unanimous  consent,  and 
referred  to  the  Committee  on  Territories. 

AMERICAN    HEMP    FOR    THE    USE    OF    THE    NAVY. 

Agreeably  to  notice,  Mr.  BENTON  asked  and  obtained  leave  lo 
bring  in  a  joint  resolution  to  promote  the  purchase  of  American 
hemp  for  the  use  of  the  American  Navy  :  which  wtrs  read  the  first 
and  second  times,  by  unanimous  consent,  and  referred  to  the  Com- 
initlce  on  Naval  Affairs, 

MESSAGE    FROM    THE    HOUSE.  • 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  iVir,  Campbell,  their  Clerk  ; 

Mr.  President;  Tlie  House  of  Representatives  have  p.lssed  liills  ol"  ihe  tbllowin!! 
titles  : 

All  .ael  relating  to  the  eolleelion  dislriel  of  New  ( Irleaiis,  and  lor  other  ]>nr|K>se8  ; 

An  ael  to  ehangelhe  name  of  Photius  Kavasales  lo  Uiatjof  Photius  Fisk  ; 

In  wliich  they  asK  the  concurrenee  of  the  Setiale. 

■      ■       ■  EXAMINERS    IN    THE    P.VTENT    OFFICE. 

The  Senate  proceeded  to  consider  the  amendments  made  by  the 
House  of  Representatives  to  the  bill  of  the  Senate  to  provide  ad- 
<litional  examiners  in  the  Patent  Ollice  and  for  other  ]mrposes;  and 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  they  be  referred  to  the  Commit  lee  on  Patents 
and  the  Patent  Office. 

'..■■'-  COMMODORE  PARKER. 

The  Senate  resumed,  as  in  CVnninittee  of  the  M^liole,  the  con- 
sideration of  the  bill  for  the  relief  of  Commodore  Foxall  A.  Par- 
ker of  Ihe  United  States  Ntivy  :  and 

On  motion  by  Mr.  BADGER,  it  was 

Ordered.  That  the  further  consideration  thereof  be  postponed 
until  lo-inorrow, 

HOUSE  RILLS    REFERRED. 

The  bills  from  the  House  of  Representatives  for  the  relief  of 
Sarah  Stokes,  widow  of  John  Stokes  ;  for  the  relief  of  Esther 
Russell  ;  Irir  the  relief  of  Jonathan  Moore,  of  the  Stale  of  Massa- 
chusetts ;  for  the  relief  of  Robert  Ellis  ;  and  for  the  relief  of  Cath- 
arine Fulton  of  Washington  coiinly,  Pcnn.sylvania,  were  severally 
read  the  first  and  second  times,  by  unanimous  consent,  and  refer- 
red to  the  Committee  on  Pensions, 

The  bills  from  the  Honse  ol  Reprcsenlalivcs  relating  to  the  col- 
lection district  of  New  Orleans  and  for  otiicr  purposes  ;  and  for 
the  relief  of  the  Red  River  Railroad  Company,  were  .severally 
read  the  first  and  second  times,  by  unanimous  consent,  and  refer- 
red to  the  Committee  on  Commerce. 

The  bills  from  the  House  of  Representatives  for  the  relief  of 
Sttdlcer  and  Hill  ;  and  fin-  the  relief  of  Reuben  Perry  and  Thomas 
P.  Ligon,  were  severtxlly  read  the  first  and  second  limes,  by  unan- 
imous consent,  and  referred  to  the  Committee  of  Claims. 

The  bill  from  the  House  of  Re)ireseutatives  for  the  bencfn  of 
Benjamin  White,  was  read  the  tirst  and  second  times,  by  unani- 
mous consent,  and  referred  to  the  Committee  on  Public  Lands. 

The  hills  from  the  House  of  Representatives  for  the  relief  of  .'Vn- 
thony  Bessee;  and  for  the  relief  of  Charles  Cappell,  were  seve- 
rally read  the  tirst  and  second  times,  by  unanimous  consent,  and 
referred  to  the  Committee  on  Private  Land  Claims. 

The  bill  from  the  House  of  Representatives  for  the  relief  of  G. 
V.  do  la  Roche  and  W.  P.  S.  Sanger,  was  read  the  first  and  se- 
cond times,  liy  unanimous  consent,  and  referred  to  the  Committee 
on  Naval  Affairs. 

The  bills  from  the  House  of  Representatives  to  change  the  name 
of  Photius  Kavasales  to  that  of  Photins  Fisk;  and  to  amend  the 
act  entitled  "  An  act  to  regulate  the  proeccdinirs  in  the  Circuit 
Court  of  the  United  States,  and  for  other  purposes,"  passed  Stii 
August,  1846,  were  severally  read  the  tirst  and  second  times,  by- 
unanimous  consent,  and  referred  to  the  Committee  on  the  Judi- 
ciary. 

The  joint  resolution  from  the  House  of  Representatives  for  the 
relief  of  George  R.  Smith,  was  read  the  lirst  and  second  times,  by 
unanimous  consent,  tind  referred  to  Ihe  Conimitlce  on  the  Post 
Ollice  and  Post  Roads, 


Makcji  15.] 


THE  TEN  REGIMEMT  BILL. 


343 


NOTICE    OF    A    BILL. 

Mr.  BAGBY  gave  notiuc  that  on  to-morrow,  or  at  an  early  day, 
he  woiiUl  ask  leave  of  the  Senate  to  brin;;"  in  a  bill  relating  tu  the 
(mbliu  lands. 

JOHN    I'AUL    JONKS. 

TheSenatc  proceeded  to  eonsider  the  amemlments  of  the  House 
of  Representatives  to  the  bill  for  tlie  relief  of  the  heirs  of  John 
Paul  Jones  ;  and  it  was 

Jic^oli-c't,  Tli;it  tlit-'y  codciirtlieioii:. 

Ordered,  That  the  Seeretary  notify  the  House  of  Representa- 
tives aeeordingly. 

CL.'MMS    ON    MK.MCO. 

The  Senate  ])rooocded  to  eonsider,  as  in  Committee  of  the  VVhole, 
l!ie  joint  resolution  to  ereate  a  h<»ard  to  ascertain. and  determine 
the  amount  of  each  of  the  elaims  of  the  eitizens  of  the  United 
States  af;amst  Mexico;  and 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered,  That  it  bo  reeommitted  to  the  Committee  on  Foreign 
Relations. 

THE    TEN    IlEGIMENT    DILL. 

Mr.  CASS  then  moved  that  the  prior  orders  of  the  day  be  post- 
poned, and  that  the  bill  making  provision's  for  an  increase  ol  the 
regular  army  bo  taken  up;  which  was  agreed  to. 

The  question  pending  being  the  motion  by  Mr.  Butlkr  to  re- 
commit the  bill  to  the  Committee  on  Military  Affairs,  with  in- 
structions to  strike  out  all  alter  the  enaeling  clause,  and  to  insert 
the  following  : 

"  That  the  rej,'nlar  arniv  ^hall  be  inereased  as  follows,  to  wit  :  To  each  company  of 

artillprv,  infantry,  and  regiment  of  rillemen,  there  shall  he  adileil piivafes;  and 

to  each  of  the  iregiments  afore^iuid,  its  many  snhallerns  as  wdi  provide  two  first  lien, 
tenants  and  two  seeond  lient^iant^,  respectively  ;  Pruindcd,  That  the  said  troops  shall 
be  rc(|nirpil  to  serve  dttrinf;  the  war  with  Mexico,  but  maybe  sio.rcr  discharged  hy  or- 
der of  the  Prcsiileot ;" 

The  yeas  and  ntvys  were  demanded,  by  Mr.  Bbeese,  and  being 
seconded,  were  ordered  and  taken  with  the  following  result  : 

YF.AS.— Messrs.  Badfjer.  Ualdvviit.  Bell,  Berrien.  ItnUer,  Calhoun,  Clarke,  Clay- 
ton, (,'orwin,  ('liltenderr,  Davis,  of  Mass.,  Dayton,  Greene,  Ilalc,  Maitgurn,  I'hclps, 
Underwood. — ]7 

NAYS. — iVlessi-s.  .Mien.  Ashley,  Atchi'On.  ,\thertoit.  Ba^hy,  Benton,  Rrmilntry, 
Breese,  Cameron,  Cass,  Davis,  of  Miss.,  DielOnson,  Div,  Don^ilas,  Do"  rrs,  Feleli-, 
IKartnefjair,  llrtttter,  Johnsort,  of  'Ja.,  Johitson,  of  l^a.,  Lewis,  Mason,  Moor,  Nilcs, 
tsiurgeon,  Turney,  VVesleoU,  Yiilee. — 28, 

The  question  being  on  the  passage  of  the  bill, 

Mr,  CALHOUN  said  :  I  had  no  anticipation  that  this  bill 
would  1)0  put  upon  its  passage  to-day.  I  have  had  no  opportunity 
of  being  heard  upon  it,  and  I  desire  to  offer  my  views  before  it  be 
passed.  With  this  view,  I  hope  it  may  be  laid  over  till  to-morrow. 
I  move  that  it  be  laid  over  till  to-morrow. 

Mr.  CASS. — I  have  merely  to  observe  that  if  Ihe  gentleman 
vfislics  to  offer  some  remarks  on  the  bill,  I  will  hear  him  with  great 
pleasure.  But  the  gentleman  from  Virginia,  [Mr.  Mason,]  has 
the  floor. 

Mr.  CALHOUN. — I  had  firrgollen  that,  and  of  course  I  do 
not  desire  to  be  heard  before  the  gentleman  from  Virginia. 

Mr.  MASON. — When  this  bill  was  under  the  eonsidoration  of 
the  Senate,  some  three  weeks  since,  the  debate  was  made  to  era- 
braee  the  entire  subject  connected  with  the  origin  of  the  war,  anil 
its  conduct  on  the  part  of  the  government  of  the  United  Slates. 
It  was  my  purpose  then  to  have  gone  into  the  rli'bate  to  the  extent 
to  which  it  had  then  proceeded.  But  since  that  time  events  have 
transpired — perfectly  well  known  to  the  country— which  would,  in 
my  judgtnent,  render  it  inexpedient,  if  not  impossible,  to  present 
views  intended  for  a  totally  dill'erent  state  of  lite  ease.  What 
these  events  are,  I  may  not  be  perhaps  permitted  to  allude  to  here, 
farther  than  as  they  have  gone  forth  to  the  country  on  well  ae- 
credtted  rumor.  But,  sir,  1  have  not  yet  heard  that  a  peace  has 
been  mtide  with  Mexico.  If  such  be  the  fact,  I  am  uninformi'd  of 
it.  That  a  negotiation  may  be  pending  mtty  be  true — that  an  ar- 
mistice exists  between  the  two  contending  armies  may  be  true. 
But  if  that  be  true,  it  exists  only  on  a  rumor,  which,  as  I  have 
said,  is  so  wcJJ  accredited  as  to  render  it  in  bad  taste  to  speak  of 
one  who  was  an  enemy  in  the  terms  in  which  I  should  have  been 
disposed  to  do  on  a  former  occasion.  I  have  said  that  so  far  as  I 
am  informed  there  is  as  yet  no  peace  with  Mexico.  Now  if  such 
be  the  fact,  where  is  the  policy — where  is  the  wisdom  of  rcfusinLT 
to  pass  this  bill?  If  negotiations,  with  a  view  to  peace,  are  jiend- 
ing,  have  we  not  had  such  experience  of  ihe  ehiiracter  of  that  foe 
with  whom  we  were  once,  and  may  bo  again,  engaged  in  warfare, 
as  teaches  us  the  necessity  of  all  proper  precaution"  now?  Do  we 
not  know  that  if  Mexico  bo  brought  to  listen  to  the  terms  of  peace, 
it  will  be  because  she  has  been  prostrated  and  rendered  powerless 
by  the  force  of  our  arms?  Do  we  not  know  that  up  to  a  very  late 
period,  with  a  perfect  consciousness  that  it  must  bo  madness  to 
resist  longer,  the  spirit  of  every  party  in  Mexico  was  averse  to  a 
peace?  A  spirit  of  infatuation  seemed  to  pervade  them  to  the  last 
moment,  when  they  were  forced  to  submit  to  the  stern  lesson  of 
inferiority.  Now  who  can  doubt — I  submit  to  Senators  around  mo 
and  to  the  country — who  can  doubt  that  if  Mexico  should  acquire 
fresh  eontidence  from  any  occurrences  here,  nothing  would  be  so 


likely  to  be  seized  upon  by  her,  as  a  determination  tm  the  part  of 
this  Senate  to  .stop  where  we  were,  and  refrain  from  making  any 
further  provision  to  carry  <jn  a  war?  We  have  learned  that  Mexico 
is  a  wily  ;ind  a  faithless  foe.  What  was  her  eonditct  with  regard 
to  the  mission  that  was  sent  to  her,  on  Iter  own  invitation  bcloro 
the  war  began,  and  which  was  promptly  acet-dcd  to  with  lite  view 
of  preventing  hostilities  ?  She  invited  a  minister  and  promised  to 
receive  him.  He  was  sent — sent  speedily  in  order  to  evince  the 
earnest  desire  on  the  ptirt  of  this  government  to  prevent  a  war. 
The  discourteous  reception  with  which  that  minister  met  is  known. 
The  Mexican  government  denied  that  his  mission  was  even  antici- 
ptited  !  Procrastinating,  delaying,  Mexico  sought  refuge  m  every 
possible  expedient,  and  attributccl  our  itidulgcneo  to  jiiisillanimity 
and  weakness.  The  minister  was  instructed  to  remain  and  to  pre- 
serve the  equanimity  of  his  temper  in  all  his  ituercotirse  with  Mex- 
ico, to  avoid  a  collision,  and,  if  possible,  to  iirljusl  by  negotiation 
the  diiricuities  pending  between  the  two  countries.  Uut  our  min- 
ister was  compe'led  to  return  from  Lis  bootless  mission.  Again, 
how  was  it  allci  the  war  had  commenced,  and  when  our  armies 
were  thundering  st  the  gates  of  Mexico  ?  A  faithless  armistice 
was  propo.sod.  Mexico  sought  a  suspension  of  hostilities  with  a 
view  to  negotiation.  It  is  now  known  to  history  that  in  violation 
of  the  stipulations  of  that  armistice,  every  hour  was  employed  in 
strengthening  their  defences  with  a  view  to  carry  on  tlie  war ! — 
Such  is  the  character  of  this  foe.  Now,  whether  there  be  or  be 
not  a  peace  resulting  from  the  negotiation  now  spoken  of  as  pend- 
ing, is  a  talc  yet  untold  of  time;  and  he  is  a  bold  man,  who,  know- 
ing what  is  now  known,  will  venture  to  form  a  deliberate  judg- 
ment that  peace  will  follow.  My  own  decided  impression,  then, 
is,  that  every  consideration  of  piadenee  and  wise  prdicy  demands 
that  this  bill  should  pass,  and  pass  immediatelv.  I  bad  made,  up 
my  mind  not  to  enter  into  the  subject  matter  ol  the  former  debate. 
It  would  be  unsuitcd  to  the  occasion  to  do  so,  I  hope  that  the  time 
has  gone  by  for  the  discussion  of  that  question,  but  the  time  has 
not  gone  by  for  those  military  measures  which  should  be  prost;eu- 
tcd  promptly,  in  order  to  evince  such  a  determination  on  our  part 
as  will  compel  the  Mexican  government  to  declare  ;ui  honest  and 
bona  fide  cessation  of  hostilities.  I  have  risen  merely  for  the  pur- 
pose of  ex|)ressing  that  opinion.  I  Iriist  that  llicre  will  not  be 
any  debate  further  than  that  indiealed  by  the  Senator  from  South 
Carolina;  but  should  there  be  any  new  debate,  I  may  enter  into  it 
when  it  arises. 

Mr.  BADGER  moveil  that  the  Senate  proceed  to  the  conside- 
ration of  Executive  business. 

Mr.  CASS. — -I  hojio  that  the  Scntite  will  not  agree  to  that  mo- 
tion. It  appears  to  me  that  there  is  business  of  vastly  more  im- 
portance to  bo  acted  on  in  open  session. 

The  yeas  and  nays  were  demanded  on  the  question,  and  being 
seconded,  were  taken  with  the  following  result  : 


ihhvin.  Bell,  Berrien,   Bnllcr,  Callronn.  Clailie,  Clayi 
,  of  Mass.,  Greene.  Jtale,  Johnson,  of  I.a.,  Mangum, 


YEAS— Messrs.  Badger,  Ba 
toit,  Corwin,  t'rittenden,  Dav 
Pheljis.  Underwood. — 17. 

NAYS — Messrs.  Alieir,  Ashley,  Athertoir,  Ba-jby,  Benton.  Bradbury,  Breese, 
Btiftht,  Cameron.  Cass,  Davts,  of  Miss.,  Dickittson,  Di.\,  Doitjilas,  Dowrts,  Feleb, 
]-"i»(ile,  Dnnter,  John=oit,  of  Ga.,  Ijcwis,  IMasoii,  Moor,  NUcs,  Turney,  VVtstcoU, 
Tttlee. — 'J6, 

The  motion  was  therefore  not  agreed  tJ. 

Mr.  JOHNSON,  of  Louisiana,  rose  and  reinarkeii,  llnit  not 
being  present  when  the  question  was  put,  ho  had  voted  under  a 
misapprehension  ;  he  did  not  know  that  the  vote  was  taken  tm  the 
proposition  of  the  Senator  from  South  Ctirolina,  [Mr.  Butler,] 
or  he  would  have  voted  for  it  ;  that  from  what  had  recently  occur- 
red, he  could  not  now  believe  that  the  additional  reiriments  eon- 
tcmplated  by  the  bill  under  (;onsideration,  would  be  rerpiircd  at 
all  ;  under  existing  cireumstances,  therefore,  he  preferrcil  that  pro- 
vision for  :iu  increase  of  the  United  States  army  should  be  maile  in 
the  manner  proposed  by  the  Senator  from  South  Carolina,  by  lilling 
itp  the  old  regiments.  He  would  not,  however,  in  conse((uence  of 
tlii^  larerc  majority  against  the  proposition,  move  a  reconsideration 
of  the  vote. 

Mr.  M.VNGUM. — I  move  to  postpone  the  farther  consideration 
of  t  his  bill  till  this  day  fortnight.  It  is  true  I  have  very  little  hope 
that  this  motion  will  prevail  ;  and  yet  I  ctiimot  well  suppress  the 
expression  of  my  great  surprise — I  might  almost  saj-  my  astonish- 
ment, that  this  bill  is  pressed  at  this  time,  in  the  spirit  whieh  has 
been  manifested  in  the  cireumstances  by  which  we  are  now  sur- 
rounded. It  IS  probable  that  there  are  many  other  gentlemen  who 
desire  to  be  heard  on  this  subject,  and  yet  it  is  perfectly  well 
known  that  the  phases  of  publi-c  business  have  undergone  a  very 
great  change,  although  we  are  inhibited  by  circumstances  from 
explaining  the  how  or  wherefore.  It  seems  to  me  that  as  a  mat- 
ter of  taste,  not  to  speak  of  policy,  it  cannot  but.  be  regarded  as 
most  extraordinary  to  jiress  this  bill  in  this  sjiirit  at  the  present 
moment.  At  all  events,  allow  a  week  or  two  weeks  to  elapse 
and  then  dispose  of  the  question.  It  would  be  very  important,  it 
seems  to  me,  that  we  should  go  into  Executive  session  before  we 
are  called  upcm  to  take  the  vote  upon  the  question  now  before  us. 
But  it  is  refused  to  go  into  Executive  session — refused  by  an  over- 
whelming majority  of  this  body.  And  yet.  gentlemen  arc  to  be 
tongue-tied  ;  they  are  to  be  prohibited  fron.  making  any  reference 
to  matters  which  are  of  essential  importance  in  the  consideration 
of  this  very  question.  We  are  called  on  to  oeeiipy  the  same 
ground  as  was  presented  six  weeks  ago,  although  it  is  known  that 
the  ground  is  changed.     We  are  to   be  put  absolutely  in  duresse 


344 


THE  TEN  REGIMENT  BILL. 


[Wednesday, 


by  ihc  manner  in  whiuh  this  qiieslion  is  now  brouizht  forwanl.  It 
is  of  threat  and  obvious  importance  tiiat  \vc  slioni<l  Itc  enabled  to 
refer  lo  thinirs  as  tbey  are.  It  certainly  slrliics  nic  as  the  uiosl 
extraordinary  proceedinfr  I  have  ever  witnessed,  wiien  wc  are  cal- 
led upon  to  act  on  this  sulijeot  as  if  \vc  stood  precisely  on  tlic  same 
ground  that  we  did  six  weeks  ago.  Not  a  battle  has  been  foup:lit 
since  last  fall.  Our  troops  repose  in  Mexico  perfectly  at  their 
case.  We  have  forty  thousand  men  there,  and  there  is  not  a  lliou- 
sand  armed  men  in  the  whole  repub'ic  of  Mexico  to  ojiposo  them. 
There  is  not  even  the  rumor  of  an  assault  ;  and  yet  in  that  state 
of  things,  and  when  you  can  fill  up  the  regiments  now  organized  to 
sixty  thiusand  men,  we  are  called  upon  and  pressed  to  send  ten 
thousand  additional  troops  to  Mexico  !  Why,  sir,  is  it  not  apparent 
that  that  augmentation  of  your  military  force  can  have  no  reference 
to  the  Mexican  war,  whatever  bearing  it  may  have  U])on  Execu- 
tive patronage  ?  I  impute  none  but  patriotic  motives  to  the  hon- 
orable chairman  of  the  Military  Committee,  but  so  far  as  regards 
the  acceleration  of  peace,  or  the  termination  of  the  war — so  far  as 
regards  any  purpose  for  which  those  ten  regiments  might  be  required 
in  Mexico,  I  think  if  we  were  permitted  to  go  into  this  subject, 
and  as  we  all  know  it  now  to  exist,  it  would  be  utterly  impossible 
to  discover  even  the  shadow  of  i)ropriety  for  such  a  procedure  at 
this  time  in  all  the  circumstances  of  the  ease.  At  all  events,  if 
this  question  is  to  be  pres.sed  against  iny  convictions  of  propriety 
— against  my  conviction  also,  that  it  would  be  in  violation  of  the 
pretty  well  established  usage  of  this  body,  it  will  change  essentially 
my  views  and  conduct  upon  another  question  that  will  come  before 
us.  I  hope,  jndL'ing  from  what  I  have  seen  heretofore,  that  these 
considerations  will  work  out  such  a  conviction  upon  the  minds  of  at 
least  a  sutfieicnt  nundier,  that  we  may  be  allowed  to  speak  fully  of 
all  we  know,  and  all  that  is  pertinent  to  the  rnatter  now  under 
consideration,  and  is  submitted  to  us  for  discussion  in  open  session. 
I  cannot  believe  that  if  this  appeal  were  put  properly  before  the 
President  and  heads  of  dc[Kirtments,  embracing  the  consideration 
of  another  question  which  must  be  acted  on  in  another  capacity, 
and  which  must  bring  upon  them  embarrassment  in  its  full  weight, 
that  all  warlike  operations  and  movements  would  he  suspended  for 
the  present.  But  the  truth  is,  that  when  parties  become  harness- 
ed, to  use  a  cant  phrase,  they  generally  "go  it  blind.''  [  appeal  to 
the  chairman  of  the  Committee  on  Military  AflTairs,  to  let  ns  have  an 
opportunity  of  .speaking  to  this  subject  in  open  day,  and  with  all  the 
light  which  can  bo  brought  to  bear  upon  it  I  appeal  to  the  mag- 
nanimity— to  the  sense  of  justice  of  IScnators  on  the  other  side  of  tiic 
chamber — and  I  hope  that  there  is  no  necessity  of  making  any  ap- 
peal to  a  single  Senator  on  this  side — to  free  those  who  wish  to 
speak  on  this  subject,  from  the  iluresse  and  the  chains  in  which 
they  are  now  placed.  I  cannot  believe,  that  if  the  matter  were 
)iropcrly  considered,  there  would  be  a  persistence  in  this  course  at 
this  time.  The  going  into  Executive  session  is  refused  by  a  very 
large  majority 

Mr.  BENTON.— Will  the  Senator  hear  one  word  ?  J  voted 
against  going  into  Executive  session,  bccan.se  a  bill  of  the  highest 
importance  is  jiending,  which  we  wish  to  tako  nj>. 

Mr.  MANGUM.— If  the  bill  lo  which  the  honorable  Senator 
alluded  be  called  U]),  and  it  is,  as  I  hear,  ol'  importance,  I  shall 
certainly  be  in  favor  of  proceeding  with  it. 

Mr.  CALHOUN,  (in  his  .scat.)— IMovc  to  lay  this  bill  on  the 
table. 

Mr.  MANGUINI. — I  will  vary  my  inoii bni  may  have  occa- 
sion again  to  renew  it.  I  move  that  the  bill  lie  on  the  table  for 
the  present. 

Mr.  CASS. — The  Senator  from  North  Corolina  has  expressed  a 
good  deal  of  surprise — 

Mr.  HALE.— Is  this  motion  debaleable  ? 

Mr.  CASS. — Will  the  Senator  withdraw  his  motion  for  a  mo- 
ment ? 

Mr.  MANGUM.— Certainly.  '       " 

Mr.  CASS. — The  Senator  has  expres.scd  surprise;  that  this  bill 
which  has  been  under  consideration  for  a  pi;riod  of  three  months, 
should  be  pressed  to  a  vole.  I  confess  that  I  eaiinol  understand 
the  giomids  of  the  gentleman's  surprise.  The  bill  has  been  dis- 
cussed to  the  fullest  extent  on  both  sides  of  the  chamber  during  the 
last  three  months,  yet  the  gentleman  from  Ninth  Carolina  talks  of 
haste. 

Mr.  MANGUM.— It  has  been  in  dry-dock  for  three  weeks; 
and  the  Senator  will  reeoUoet  that  the  signs  of  the  times  have 
changed. 

Mr.  CASS.— It  has  been  in  the  dry  dock  for  three  weeks  !  Well, 
it  is  now  time  that  it  was  afloat  upon  the  ocean,  liiit  I  have  not 
the  slightest  cmieeption  of  what  it  is  to  which  the  gentleman 
alhul.'s  when  he  speaks  of  gagging.  He  seems  to  siqqiose  that 
we  must  go  into  executive  session  before  we  proceed  to  act  upon 
this  bill.  Well,  I  can  only  eonjeeture  the  bearing  which  an  exe- 
cutive session  can  liave  upon  ihis  subject.  It  is  supp(i,>-ed  out  of 
doors  that  we  have  ratified  a  cerf.iin  instrnmeiu— that  the  two 
great  parties  of  the  Senate  have  been  divided — that  wo  stood  jiro 
and  C071 — and  that  we  want  lo  explain  ourselves  eventuallv,  but 
what  that  has  to  do  with  this  bill  passes  my  cominehension.  It  is 
simply  a  question  whether  we  shall  rni.se  ihis  additional  force  for 
two  purposes;  first,  to  bo  ready  for  the  immediate  iiroseeutiun  of 
hostilities  ill  the  event  of  the  rejection  ol    the  treaty  by  Mexico 


qnilc  a  possible  result  fnnu  lite  unstable  nature  of  her  government, 
and  the  irritaled  feelings  of  her  people;  and  |icrhaps  I  might  say, 
thai  it  is  a  probable  result,  at  all  events  every  thing  admonishes 
us  of  llie  necessity  of  being  prepared;  and  second,  that  we  may 
scud  out  with  our  minister  the  vote  of  prcpaiation — the  intelligence 
that,  in  the  event  of  a  refusal  of  the  trea'y,  we  are  ready  to  pros- 
ecute the  war  with  the  utmost  vigor.  Our  own  eagle  presents 
the  illustration  of  our  policy — -the  olive  branch  and  the  arrows — 
the  one  to  be  used  if  we  may,  the  other  if  we  must.  I  trust  tliat 
this  bill  will  be  passed  by  the  unanimous  vote  of  both  hmiscs.  If  it 
should  be  thus  passed  immediately,  I  have  no  more  doubt  than  I 
have  of  my  own  existence,  that  we  should  have  peace.  Without 
the  |iassage  of  this  bill,  I  do  not  undertake  to  say  how  long  peace 
may  be  deferred.  But  I  repeat ,  suppose  the  supposition  is  correct, 
and  that  you  go  on  to  ratify  this  paper,  I  might  ralher  say  as  the 
public  says,  to  negotiate 

Mr.  BIANGUM. — I  hold  that  that  supposition  is  entirely  out  of 
order.  It  is  not  to  be  entertained  in  open  session  that  any  thing 
at  all  has  been  done  in  secret  session.     I  make  a  question  of  order. 

Mr.  CASS. — I  have  only  to  say  then,  that  if  we  have  not  a 
right  to  suppo.se  anything  here,  I  do  not  know  what  right  apper- 
tains lo  a  Senator. 

Mr  MANGUM.— I  might  suppose  a  thousand  things  might 
have  happened  in  a  correspondence,  and  the  supposition  might 
conform  exactly  to  the  fact,  and  if  that  be  in  order,  I  see  no  sort 
of  objection  to  opening  this  discussion  without  any  further  action. 
But  if  I  happened  to  be  mistaken 

Mr.  CASS. — The  Senator  himself  introduced  the  whole  thing 
distinctly  and  openly  so  that  no  one  could  misunderstand  him. 
Unless  we  aireet  a  spirit  of  mysticism  unbecoming  us  and  the  occa- 
sion, it  is  utterly  impossible  to  avoid  allusions  to  what  is  known 
to  all. 

Mr.  MANGUM. — I  renew  my  motion.  It  is  with  no  purpose 
of  embarrassment  thai  I  make  this  motion. 

Mr.  ALLEN. — I  should  like  to  know  the  object  of  laying  the 
bill  on  the  table. 

Mr.  MANGUM.— That  the  Senator  from  Missouri,  [Mr.  Bkn- 
TON,]  may  call  up  the  appropriation  bill. 

Mr.  CASS. — The  Senator  from  Missouri  has  not,  as  I  under- 
stand, intimated  such  a  design. 

The  PRESIDING  OFFICER.— Proceed  with  the  call. 

The  ayes  and  noes  were  demanded,  and  being  seconded,  were 
taken  with  the  following  result : 

YE.VS—^Ies^rs.  Battler,  ILilitwin,  Bell,  Berrien,  CalJioun,  Clarke.  Clayton,  Cor- 
wiii.  Criuenileii.  Davis  of  ftlxssarhnsetts,  Dayton,  Creene,  Hale,  Jolinsun.  of  Lou- 
isiana, Man^nnn,  Plieliis,  Uiiilerwooii,  Webster, — 18, 

NAYS -Messrs.  Allen,  Asliley,  Atctiison,  Attierton,  Bagby,  Benton,  Bradbury, 
Breesc,  Ilntler,  Cameron,  ('ass,  Davis,  of  iVIissi^i|>pi.  Diclvinsoii,  Dix,rioui,'l;i*,  Downs, 
Feleli,  Fonle,  Haiinejian,  Hunter,  Jolinson,  of  Georgia,  Lewis,  Ahu-on,  Moor,  Nlle-ii, 
Tiirney.  Westcolt,  Yulee. — i28. 

The  question  again  recurring  on  the  passage  of  the  bill, 

Mr.  BALDWIN. — I  regret  that  this  bill  should  bo  pressed  at 
this  time  for  many  reasons,  some  of  them  known  to  Senators, 
but  which  I  am  not  at  liberty  to  state  in  open  session.  I  can  per- 
ceive no  reason  for  its  passage,  and  am  utterly  opposed  to  it. 
There  is  not  only,  in  my  judgment,  no  necessity  for  this  augmen- 
tation of  our  forces  in  Mexico,  but  hardly  a  plausible  apology  even, 
for  the  Executive  patronage  it  will  create. 

All  our  advices  from  Mexico  show  that  the  war  is  virtually  at 
an  end.  There  are  no  more  battles  to  be  fought — no  new  trophies 
to  be  acquired.  Our  sister  republic,  with  institutions  professedly 
based  on  the  same  |)rinciples  as  our  own,  to  whom,  in  her  early 
career,  the  warmest  sympathies  of  the  American  ])eople  were  ex- 
tended, now  lies  prostrate  and  crushed  to  the  earth  by  our  invading 
army.  Her  government,  driven  from  place  to  place,  has  hardly 
been  able  to  find  a  resting  spot  where  it  could  remain  long  enough 
even  to  consitler  thcipiestion  of  peace.  She  exhibits  the  sad  spee- 
taele  of  a  nation  of  seven  millions  of  people  dissociated  and  disor- 
ganized, with  scarcely  a  form  of  government  existing,  and  all  the 
fumuions  of  her  general  and  local  administration  eondnetcd  or 
controlled  under  tiie  infiucncc  of  martial  law. 

Our  g.ilbuU  army,  sir,  has  only  panseil  in  its  cai^cer  of  victory 
because  il  lias  found  no  enemy  to  oppose  its  progress;  and  instead  of 
being  employed,  at  the  present  moment,  in  waging  battle  against 
an  enemy,  it  is  occupied  in  the  ignoble  employment  of  collecting 
military  contributions  for  its  own  support  horn  an  impoverished 
people.  They  have  not  only  seized  u|ioii  the  revenues  which  have 
hitherto  been  relied  upon  for  the  support  uf  the  government  of  that 
republic,  bul  they  have  also  seized  upon  all  the  means  appropriated 
to  the  support  of  her  municipal  institutions,  and  diverted  those 
means  from  their  proper  uses.  Are  wo  to  send  new  troops 
to  Mexico  to  aid  in  this  em|iloyraent — is  there  any  necessity 
for  additional  troops  (or  such  a  purpose?  What  army  is  there 
in  Mexico  for  our  troops,  now  there,  to  i-'ombat  ?  What  re- 
sistance are  they  meeiing  with?  If  there  bo  any  reliance  to  be  ]daecd 
ujion  the  rumors  which  we  have  to-day  from  Mexico,  an  armis- 
tice now  exists,  rendering  entirely  unneeo.ssary  any  addition  to 
our  military  force,  at  the  present  time.  Sir,  the  country  is  lookin  g 
to  peace;  the  i>eople  in  every  part  of  it  are  anxiously  desiring,  and 
hoping  for,  peace;  they  arc  expecting  any  thing,  rather  than  an  aug- 
mentatimi  of  our  present  forces  in  Mexico.  Nay,  sir,  I  believe  that, 


March  15.] 


THE  TEN  REGIMENT  BILL. 


345 


at  this  moment,  the  people  of  the  United  States  are  expecting  that 
instead  of  augmenting;  our  forces,  measures  will  be  taken  for  with- 
drawing the  troops  already  there,  as  speedily  as  may  be,  consis- 
tently with  the  public  interests.  Nobody  out  of  this  Hall  has  an- 
ticipated a  movement  of  this  description.  Why  the  streets  and 
avenues  of  this  city  are  filled  with  ollircrs  returning  from  Mexico, 
because  they  have  found  no  further  employment  there  ;  and  a  por- 
tion of  those  who  remain  finding  no  enemy  to  fight  with,  seem  to 
be  turning  their  hostilities  agamst  each  other.  For  what  useful 
purpose,  I  ask  again,  can  this  large  armed  force  be  raised  and 
sent  to  Mexico?  Is  it,  sir,  for  the  purpose  indicated  in  the  mes- 
sage of  the  President  ?  Arc  wo  called  on  to  send  this  large  force 
to  Mexico, — not  for  the  purpose  of  compelling  that  government 
to  do  justice  to  our  injured  citizens,  but  to  dismember  itself  and 
cede  to  us  a  portion  of  the  territories  of  the  republic?  If  so, 
it  is  for  an  object  which  does  not  meet  with  my  concurrence, 
and  one  which  I  cannot  give  my  vote  to  sustain.  I  want, 
sir,  none  of  the  Mexican  territory  ;  my  constituents  do  not 
"want  it  ;  I  do  not  believe  the  country  wants  it.  The  country  de- 
sires peace,  and  a  settlement  of  the  existing  controversy  with 
Mexico,  upon  fair  and  just  terras  of  indemnity  for  the  inju- 
ries that  have  been  done  to  our  citizens.  If  Mexico  has 
inflicted  any  wrong  for  which  the  honor  of  this  country  re- 
quired that  she  should  be  punished,  surely  we  have  obtained  our 
full  measure  of  redress.  If  we  arc  called  on  to  prosecute  this 
war  for  any  legitimate  purpose,  it  is  simply  to  obtain  redress 
from  the  Mexican  republic  for  wrongs  done  to  our  citizens.  Now, 
I  believe  these  wrongs  can  be  redressed  without  sending  an  army 
to  Mexico  in  addition  to  the  large  force  already  there  I  believe 
that  Mexico  would  bo  ready  at  any  moment  to  accede  to  such 
terms  as  this  government  may  dictate,  having  for  their  ob- 
ject simply  a  just  indemnity  for  the  wrongs  committed  by  her. 
If  there  is  any  reluctance  on  the  part  of  that  government  to  make 
a  peace  upon  the  terms  proposed  by  us,  that  reluctance  will 
arise,  not  from  any  unwillingness,  under  existing  circumstances, 
to  provide  for  our  just  claims,  but  from  an  unwillingness 
to  cede  to  us,  for  a  price  to  be  paid  to  her,  a  portion  of  the 
territories  and  people  of  that  republic,  without  their  consent,  to 
be  governed  by  us. 

I  am  not  willing  thus  to  acquire  territory  from  Mexico, 
whether  it  be  deemed  an  acquisition  by  conquest  or  by  pur- 
chase ;  for,  sir,  our  government  has  hitherto  prided  itself 
on  having  adopted  the  principle  of  demanding  nothing  but 
what  is  right,  and  submitting  to  nothing  that  is  wrong. 
Will  any  Senator  say,  that  it  is  not  demanding  something 
which  is  not  right  to  go  beyond  the  fair  and  just  claim 
which  we  have  against  Mexico,  and  compel  her  to  cede  to 
us,  by  a  forced  sale,  a  portion  of  her  territory?  On  what 
principle  can  iks  be  justified  ?  On  what  principle  can  the  Presi- 
dent ask  us  to  send  atlditional  troops  to  Mexico,  for  the  purpose  of 
driving  a  bargain  with  her,  in  the  purchase  of  her  territory  ?  And 
yet  this  we  must  infer  to  be  the  object  of  the  President,  from  the 
language  made  use  of  in  his  message.  Indeed,  he  states  explicitly 
that  his  object  is  the  acquisition  of  territory,  and  that  Congress  have 
participated  in  this  desire,  or  they  would  not  have  made  to  him  the 
liberal  grants  they  have  made  of  men  and  money,  in  compliance 
with  liis  request.  Sir,  is  it  our  object  to  acquire  territory  ?  Is  this 
the  object  of  Congress  ?  I  am  not  now  addressing  myself  to  the 
Senate  as  a  co-ordinate  branch  of  the  treaty-making  power,  but  as 
a  co-ordinate  branch  of  the  Congress  of  the  United  States  ;  and  I 
ask  whether  it  is  the  intention  of  the  Congress  of  the  United  States 
to  prosecute  the  war  against  Mexico  for  the  purpose  of  compell- 
ing her  to  cede  to  us  a  portion  of  her  territory  for  such  price  as 
w"e  may  choose  to  olTer  ?  This  is  the  question.  And  it  addresses 
itself  to  us  as  members  of  the  legislative  department  of  the  go- 
vernment, and  not  as  a  co-ordinate  branch  of  the  treaty-making 
power. 

Sir,  for  what  purpose  was  this  war  declared  ?  The  constitution, 
which  authorizes  Congress  to  declare  war,  seems  to  contem- 
plate, by  the  language  it  uses,  a  declaration  of  the  causes 
and  purposes  for  which  the  war  is  to  be  waged.  The  lan- 
guage in  the  constitution  was  used  in  reference  to  the  com- 
mon usage  of  nations,  in  ancient  as  well  as  in  modern  times.  At 
the  commencement  of  a  war,  it  has  been  usual  to  set  forth 
its  causes  and  purposes  by  a  public  declaration.  Hence,  when  the 
constitution  says  that  Congress  shall  "deelAre  war,''  it  must  be 
deemed  to  intend  that  Congress  shall  not  merely  enact  that  the 
fact  exists,  but  shall  set  forth  by  a  declaration  such  as  the 
usage  of  nations  sanctions,  the  causes  of  the  war,  and  the 
purposes  for  which  it  is  waged.  A  mere  eoramencemcnl  of  hosti- 
lities of  armies  brought  suddenly  into  conflict  with  each 
other,  withont  the  prior  act  of  the  government  of  either  party,  does 
not  constitute  war.  It  must  first  receive  the  sanction  of  some 
authorized  declaration;  and  in  the  case  of  the  Blexican  republic 
and  our  own,  it  must  have  received  the  sanction  of  one  or  the 
other  of  those  governments  before  a  state  of  war  could  exist. 
What,  sir,  was  the  immediate  origin  of  this  war,  and  how  did  it 
qjimmencc  ?  unquestionably  it  was  owing  to  the  advance  of  Gen. 
Taylor  to  the  Rio  Grande.  And  the  Executive  in  ordering  that 
advance,  appears  to  have  deliberately  determined  that  any  hostile 
act,  or  menace  even,  of  hostilities,  to  which  it  might  lead,  on  the 
part  of  the  Mexican  forces  on  the  other  side  of  the  river,  should  be 
regarded  as  amounting,  in  effeet,  to  a  declaration  of  war  by  the 
Mexican  government;  and  the  Secretary  of  War  therefore  instructed 
General  Taylor  when  he  was  about  to  approach  the  Rio  Grande 
with  the  American  army,  that  if  he  was  attacked  or  menaced  so 

30th  Cong.— 1st  Seision — No.  44. 


as  to  render  it  proper,  in  his  judgment,  to  repel  the  assault,  ho 
was  not  to  act  merely  on  the  defensive,  but  to  carry  on  "aggres- 
sive operations,"  "and,  if  deemed  practicable  and  expedient,  to 
take  and  hold  possession  of  Matamoras  and  other  places  in  Mexi- 
co."    That,  sir,  was  the  language  of  the  Secretary  of  War  when 


•  ,   -,,     1         ~-     '  Secretary  of  War  when 

ordering  General  Tavlor  to  advance  to  the  Rio  Grande,  while 
Congress  was  in  session,  and  peace  was  subsisting  between  tho 
United  States  and  Mexico  ;  a  measure,  of  which  it  Ts  apparent  he 
contemplated  at  the  time  aggressive  war  as  the  probable  result 
Unquestionably,  sir,  it  would  not  have  been  the  duty  of  General 
Taylor,  if  attacked  or  menaced  by  a  hostile  army,  simply  to  ward 
oil  the  impending  blow,  and  await  another  attack.  The  iirincinle.s 
of  self-defence  would  have  justified  him  in  every  measure  deemed 
necessary  for  the  protection  and  security  of  his  command. 

But  by  what  authority,  I  ask,  was  he  authorized  by  the  Executive 
in  anticipation  of  his  advance  to  the  Rio  Grande,  to  do  more  this? 
not  only  to  do  all  that  might  be  necessary  or  proper  for  defence 
but  to  engage  in   "aggressive  operations"   in  Mexico?  and  yet  it 
must  be  obvious  to  all  who  will  read  the  correspondence,  that  from 
the  time  General  Taylor  was  ordered  to  move  to  the  Rio  Grande 
every  step  he  was  directed  to  take  was  with  the  view  and  expec- 
tation that  it  might  lead  to  hostilities  ;  and  in  that  event,  to  the 
prosecution  of  an  aggressive  war.     I  will  not  now  occupy  the  time 
of  the  Senate  by  referring  minutely  to  the  correspondence  showing 
this   to  have   been  the  design  of  the  government,  but  no  one  can 
read  it  with  attention  and   mistake  the  object.     I  refer   particu- 
larly to   the  letters  of  the  Secretary  of  War   to  General  Taylor 
under  date  of  August  30th,  1845,  of  January  13th,  and  March  2d 
1846. 

Now  I  deny  that  it  was  in  the  power  of  the  Executive  depart- 
ment of  the  government  to  authorize  the  commanding  general  to 
engage  in  "aggrefsive  operations."  Everything  that  was  ne- 
cessary to  repel  the  attack  of  a  foreign  enemy  or  to  de- 
fend the  army  of  General  Taylor,  it  was  the  duty  of  the 
Executive  to  authorize  tho  commiinding  general  to  do.  But 
to  carry  on  "aggressive  operations"  implies  something  more  ;  it 
implies  a  determination  on  the  part  of  the  Executive  depart- 
ment, to  avail  itself  of  the  first  movement  of  hostility  or 
menace,  as  a  justification  for  open  and  aggressive  warfare 
for  other  purposes,  upon  the  territories  of  a  sister  republic.  This 
sir,  pertains  to  Congress,  and  to  Congress  alone.  Would  Compress 
at  that  time  have  declared  this  war  for  the  purpose  of  obtaining 
satisfaction  from  the  Mexican  republic  of  the  claims  of  our  citi- 
zens ?  No  one  believes  it.  It  would  be  inconsistent  with  the 
whole  course  of  policy  that  has  been  pursued,  and  the  conventions 
that  have  been  formed  and  acted  upon  by  both  governments  with 
regard  to  these  claims.  In  183!t,  the  two  governments  entered 
into  a  convention  for  the  adjustment  of  the  claims  of  our  citizens. 
In  1843,  there  was  another  convention,  and  in  1844,  another 
which  was  only  left  incomplete  by  the  interruption  of  diplomatic 
relations,  occasioned  by  the  annexation  of  Texas.  Sir,  at  the 
very  time  that  this  government  was  taking  steps  lor  the  annexa- 
tion of  Texas,  tho  Mexican  government,  according  to  the  state- 
ment of  our  own  minister  at  Mexico,  was  adopting  all  the  means 
in  its  power  to  enable  it  to  meet  its  engagements. 

And  but  for  the  eonseciuences  which  resulted  from  the  annexa- 
tion of  Texas  to  this  Union,  there  can  be  little  doubt  that  the  terms 
of  that  convention  would  have  been  faithfully  fulfilled.  Although 
it  is  unquestionalilv  true,  that  the  Mexican  government  has  com- 
mitted many  and  flagrant  wrongs  upon  our  citizens — wrongs  which 
have  been  aggravated  by  her  long  and  unreasonable  denial  of  jus- 
tice, during  a  period  when  she  had  the  ability  to  make  satisfaction 
for  them,  I  am  nevertheless  of  the  opinion,  that  Mexico 
also,  was  not  without  just  cause  of  complaint  against  our 
own  government,  in  respect  to  the  measures  which  were  pursued 
against  her  earnest  remonstrances,  for  the  annexation  of  Texas 
while  at  war  with  that  republic.  And,  in  my  opinion,  these  causes 
of  complaint  have  a  material  bearing  upon  the  question,  as  to  the 
terms  which  it  would  be  honorable  for  us  to  demand,  and  just  for 
Mexico  to  yield,  in  the  settlement  of  this  controversy.  When 
Texas  was  annexed  to  this  union,  and  when  the  preliminaJy  steps 
for  annexation  were  taken,  we  had  a  treaty  of  peace  with  Mexico 
which  bound  us  in  good  faith  to  do  nothing  to  violate  its  letter  or 
spirit.  I  have  said,  that  at  the  time  of  the  annexation  of  Texas  in 
dirsegard  of  the  reinonstr.ances  of  the  Mexican  minister,  there  is 
reasonto  believe  that  Mexico  was  exerting  herself  to  the  utmost  of 
her  power,  involved  as  she  was  with  her  immense  debt  of  $150, 
000,000,  to  come  to  an  honor.able  adjustment  and  satisfaction  of 
our  claims.  In  September  1844,  the  American  minister  at  Mex- 
ico, wrote  to  Mr.  Calhoun,  then  Secretary  of  State,  that  the 
two  last  instalments  were  paid,  and — 

^"That  lie  was  inclined  to  lielieve  thai  that  government  would  thereafter  be  more 
prompt  in  meeting  its  enga;jementi  under  the  treaty,  than  it  had  heretofore  been; 
and  if  it  should  turn  out  otherwise,  il  will  be  owing  to  a  real  inability  to  raise  the 
means." 

And  in  a  letter  dated,  July  2,  1845,  ho  says,  that  in  an  inter- 
view with  Santa  Anna,  on  the  12th  of  September — 

"  He  assured  him  that  he  had  caused  arrangements  to  be  made,  which  would  enable 
Uie  povernmeut  to  meet  the  future  instalments  promptly  as  they  fell  due." 

And  Santa  Anna,  himself,  in  a  letter  to  Charles  Callaghan  of 
New  York,  dated  Havaima.  November  19,  1845,  declares— 

*■  That  as  the  treasury,  at  the  jieriod  when  he  entered  into  otfice.  was  bnt  a  skeleton, 
he  imposed  a  forced  loan  on  the  whole  nation;  so  that  each  and  every  one  of  ttie  citi 
zens,  shordd  contribute  according  to  his  means,  to  the  payment  of  a  debt  which  had 
alrea<ly  become  sacred  to  Me.\ico." 

Our  recognition  of  tho  independence  of  Texas  was  rightlul,  and 


346 


THE  TEN  REGIMENT  BILL. 


I  Wednesday, 


gave  no  just  cause  of  complaint  to  Mexico.  She  was  in  fact  inde- 
pendent, and  whether  so  dt  jure  or  not,  it  was  not  for  us  lo  in- 
quire. But  it  was  no  less  the  ri^ht  ol  Mexico,  if  she  d'cined  it 
proper,  to  continue  her  war  with  Texas,  tdl  it  shoidd  be  terminated 
by  a  satisfactory  treaty  of  peace.  And  our  treaty  oblisra  ions  ol 
friendship  with  Mexico  were  iiicompatilde  with  an  alliance  with 
her  enemy,  much  more  with  her  incorporation  into  the  Union. 

Such  was  the  opinion  of  ]'resident  Van  Burcn  and  his  adminis- 
tration in  1837,  when  the  first  proposition  was  made  for  the  annex- 
ation of  Texas  : 

"Solong,"  s:ii(l  Mr.  Forsyth,  in  Iiis  answer  to  General  Hunt.  "  as  Texas  shall  re- 
main ai  war.  while  the  United  Stales  are  at  peaec  with  her  adversary,  the  jproposition 
of  the  Texan  minister  pleuijiotentiarv  peee^sarilv  involves  the  rjuestion  of  war  with 
that  adversary.  The  United  Siatei  arc  buond'to  Mexico  by  a  treaty  of  amity  and 
comrneree.  which  will  he  sernpnlouslv  ob.se, ved  on  their  part  so  long  as  it  can  be  rea- 
sonably ho|ieil  thai  Mexico  will  |iclform  her  duties,  and  respect  our  rij;hu  under  it.— 
The  United  Slates  miyht  justly  be  su.peelej  of  a  ilisre"ard  of  the  frienilly  |iurposes  ol 
the  compact,  if  theovetlnre  of  I'reneral  Hunt  were  lo  be  even  reserved  for  lolurecon- 
sidoration.  .is  this  w  oiild  iinplv  a  disposilion  on  our  part  to  espouse  the  quarrel  ol  Tejas 
with  Mexico— a  liispoMtion  wholly  at  variance  with  the  spir  1  of  the  treaty- with  tho 
uniform  policy  and  llie  obvious  welfare  of  the  United  Slates." 

When  in  184.5,  the  United  States,  re<;ardless  of  these  considera- 
tiens,  and  of  the  remonstrances  of  the  Mexican  minister,  identified 
her  interests  with  those  of  Texa^,  while  the  latter  republic  was  at 
war  with  Mexico,  it  cannot  be  denied  that  Mexico  had  some  cause 
to  suspend  her  diplomatiiMnterconrse.  The  grievances  of  which 
she  complained  were  deeply  felt  by  her  people— the  more  deeply, 
because  the  avowed  object  of  the  United  States  was  lo  perpetuate 
the  domain  of  slavery  over  the  immense  and  fertile  regions  which 
Mexico  had  declared  shoulil  be  forever  free.  This  was  clearly 
avowed  in  all  the  correspondence  of  our  government  with  the  pub- 
lic functionaries  of  Texas;  and  indeed  it  was  distinctly  declared 
by  Mr.  Upshur,  then  Secretary  of  State,  in  his  letter  to  Mr.  Mur- 
phy, of  the  8th  of  August ,  18-13,  that  few  calamities  could  befal 
this  countrv  more  to  be  deplored  than  the  abolition,  under  British 
influence,  of  domestic  slavery  in  Texas. 

What  could  he  adapted  in  a  higher  degree  to  excite  feelings  of 
deep  and  settled  hostility  in  the  minds  of  the  Mexican  people,  than 
to  witness  the  consummation  of  the  dismemberment  of  their  repub- 
lic by  the  annexation  of  Texas  to  the  Union,  for  such  a  couse  ? 

Yet,  notwithstanding  the  war  continued  between  Mexico  and 
Texas — notwithstanding  the  right  of  Mexico  to  rcsubjugate  Texas 
if  she  could,  had  been  ilistinctly  acknowledged  by  our  government 
—the  annex.ation  of  Texas  was  deemed  so  important  for  the  pro- 
tection of  the  peculiar  institutions  of  the  south,  that  the  United 
States  were  willing  to  effect  it  even  at  the  hazard  of  war.  Its 
value  was  deemed  incalculable,  and  the  emergency  too  pressing  to 
wait   for  con.sent. 

But  though  the  annexation  of  Texas  gave  just  cause  of  com- 
plaint to  Mexico,  as  an  act  incompatible  with  our  treaty  stipula- 
tions, it  did  not  in  my  opinion  create,  though  it  gave  occasion  for 
the  war,  which  now  exists  between  Mexico  and  the  United  States. 
Texas,  from  the  time  of  her  annexation,  ceased  to  be  a  power  ca- 
pable of  holding  relations  of  peace  or  war.  Her  separate  exist- 
ence was  merged  in  the  Union;  and  it  was  for  Mexico  to  decide, 
whether  she  would  regiird  a  measure  which  deprived  her  of  the 
jiower  of  rcsubjugating  her  revolted  provinue,  or  of  treating  with 
her  on  the  terms  of  separation,  as  an  act  of  war  on  our  jiart  or  not. 

She  had  a  substantial  interest  in  thus  hohiing  on  to  her  revolted 
province — for  Mexico  was  at  tlnit  time  indebted  to  :i  vast  amount, 
an  amount  estimated  by  Mr.  Slidell  at  $100,000,000,  and  Texas 
as  a  member  of  the  confederacy  was  justly  bound  for  her  share, 
as  well  for  the  claims  of  our  own  citizens,  most  of  which  originated 
long  anterior  to  the  separation  of  Texas.  By  the  annexation  of 
Texas,  and  her  incorporation  into  this  Union,  the  necessary  result 
was  that  she  lost  the  cliaracter  of  a  nation  capable  of  having  rela- 
tions with  foreign  governments,  and  became  so  merged  in  our  own, 
that  Mexico  lost  the  power  of  enforcing  upon  her  a  just  contribu- 
tion for  the  payment  of  her  share  of  the  indebtedness  of  the  repub- 
lic. Did  it  follow  that  because  Texas  had  good  cause  of  revolt 
against  Mexico,  good  cause  to  recede  from  the  confederacy  of 
wnich  she  had  been  a  member,  that  she  couhl  so  leave  it  as  to 
ihrow  the  whole  burthen  of  the  public  debt  upon  the  remaining 
states  ?  No,  sir,  no  such  claim  could  be  set  up  by  Texas  any  more 
than  by  any  state  in  this  Union  under  similar  cireumstanccs. 
When,  therefore,  we  received  Texas  into  this  Union  we  re- 
ceived her  under  such  circumstances  as  between  us  and  Mexico — 
a  nation  with  whom  wc  weie  at  peace- — as  imposed,  at  least  in  my 
view,  an  obligation  upon  ns  to  adjust  this  mailer  in  regard  to  the 
liabilities  of  Texas,  upon  fair  and  cipiilable  terms.  Ifon  a  tiucs- 
tion  of  policy  connected  with  the  institutions  of  the  United 
States — if  for  the  protection  or  extension  of  ilie  peculiar  institutions 
of  any  section  of  our  country — the  annexation  of  Texas  to  the 
Union  was  deemed  essential,  if  the  emergency  was  so  pressing 
and  the  fear  of  foreign  innucnee  so  great  as  lo  induce  us  to  ri.sk 
the  hazard  even  of  a  war  to  clfeet  it— sundy  ihc  governmcnl  of  the 
United  States  should  be  prepared  to  treat  with  Mexico  in  a  spirit 
of  liberality.  They  were  so  prepared,  and  I  cnterlain  no  doubt 
that  it  was  the  design  of  tlin  government  at  that  time,  to 
deal  with  her  justly  and  liberally — so  far  forth  as  an  injury 
of  this  eharaeter  could  bo  repaired  liy  a  pecuniary  conside- 
ration. I  have  said  before,  and  I  will  repeat  il,  I  do  not  lielicvo 
that  the  government  of  the  Unites',  Slates  at  that  time  intended 
that  war  should  be  the  result.  I  believe  they  intendeil  to  satisfy 
Mexico  for  the  injury  they  h.nl  done  her  by  the  annexation  of  Tex- 
as, and  to  do  it  without  any  interruption  of  the  amicidile  relations 
which  then  existed  between  the  two  governments.     I  lielicvo  that 


to  have   been  the  intention  of  this  government  originally,  whether 
it  was  so  when  Mr.  Slidell  was  sent  to  Mexico  or  not. 

In  regard  to  the   instructions  given  to  Mr.  Slidell  I    am  not   at 
liberty  to  speak,  except  so  f:ir  as  the  President,  in  his  message  to 
Congress,  has  informed  us.     The   President  says  that  Mr.  Slidell 
was  authorized  to  come  to   a  fair  settlement  upon  liberal  terms; 
those   terras  of  course  were   never  communicated  lo  the  Mexican 
government,  because  they  refused  to   recognize  Mr.  Slidell  in  the 
capacity  of  a  resident  minister,  in   which  he  was  sent — instead  of 
that  of  a  commissioner  ad  hoc,  in  which  character  alone  the  totter- 
ing government  of  Herrera  had  agreed  to  receive  him.     Sir,  it  is 
a  remarkable  fact  that  at   the  very  time,  November,  1845,  when 
Mr.  Slidell  was  sent,  as  a   minister  of  peace,  to  renew  our  diplo- 
matic relations  with  Mexico,  ostensibly  with  a  view  to  an  amicable 
adjustment,  the  administration  also  sent  Capt.  Gillespie  ''to  watch 
over  American  interests  in   California.''     And  if  we  are  lo  reason 
as    to    motives   from   results,  it   \»as   wi'h   a   view    to   a  revolu- 
tionary movement  in  that  department,  with  the  ultimate  design  of 
annexing  it   to  the   United   States.     Now,  if  the   mission  of  Mr. 
Slidell  was  really  a  mission  of  peace,  if  il  were  designed  as  such, 
it  seems  to  me  that   the   course  pursued  by  the   administration  in 
sending  General  Taylor  to  the  Rio  Grande  and  Capt.  Gillespie  to 
California  are  indicative  of  a  very  dillerent  spirit  on   the   part   of 
this  government,  though   without  any  act   of  the   American  Con- 
gress to  warrant   it.     It  wears  the  appearance,  certainly,  of  an 
intention  on  the  part  of  the  administraiion  lo  bring  on  a  war.     As 
Ihc  result  of  iliat  policy  the  country  became  involved  in  war.     I 
am   not  now  going   to  enquire  minutely  into  the  manner  in  which 
the  war  commenced.     I   look  at   the   general   causes  which  wore 
brought  to  bear   upon  the  policy  of  the  two  governments  and   to 
the  results  which  they  produced.     But  when  war  was  declared  by 
Congress  in. consequence  of  the  conflict  which  ensued  between  the 
two  armies  stationed  on  opposite   sides   of  the   Rio   Grande,  the 
question  arose  what  were  the  equitable  andjusl  terms  for  settling 
the  controversy.     Texas,  before  she  came  into  the  Union  as  we 
have  been  informed,  was  at  one  time  prepared  to  stipulate  for  the 
payment  of  five  millions  of  dollars  to  British  bondholders  towards 
the  payment  of  tlie  public  debt,  if  Mexico  could  be  induced  there- 
by to  recognize  her  independence.     Coming  into  this   Union  she  is 
relieved  from  this  obligation,  and  Mexico  is  left  to  bear  the  burden 
of  the  whole  debt,  including  the  claims  of  our  citizens,  which  was 
before  a  common  charge  upon  all  the   departments  of  that  repub- 
lic.    Mexico  has  a  right  then — a  right  which  justice  requires  this 
government  lo  recognize — to  expect,  that,   in   any   estimate   that 
may  be  made  of  her  claims  at  the  inception  of  the  war,  the  obli- 
gations of  Texas  for  the   liabilities  of  Mexico,  at  the  lime  of  her 
annexation  to  the  Union,  should  be  fairly  considered.     Well,  sir, 
what  else  is  there  that   Mexico  could   fairly  claim   to  have  taken 
into  the  account  ?     The  President  has  declared   that  lo  the  Uni- 
ted States  the    annexation   of  Texas  was    a   boon  of  incalculable 
value.     To  the  same  extent   that  it   was  a  boon  lo  the  United 
Stales,  was  it  not  also  a  loss  to    Mexico  ? — a  loss  to  be  fairly  con- 
sidered in  the  adjustment  of  the  controversy  ?     Now,  I  believe  that 
when  the  instructions  given  to  Mr.  Shannon    shall  be  communica- 
ted to  us,  it  will  appear  that  our  government  were  then  willing  to 
adjust  in  a  spirit  of  liberality,  the  incipient  controversy  with  Mex- 
ico, and  thus  obtain  her  assent  to  the  annexation  of  Texas  without 
the  hazard  of  conflict.     What  more  then  do  \\-e  now  ask  ? 

What  were  the  limits  of  Texas  at  the  time  of  her  annexation  ?  I 
agree  entirely  with  the  honorable  Senator  from  South  Carolina  [Mr. 
Butler]  that  Texas  had  no  title  which  she  could  transfer  to  the  go- 
vernment of  the  United  Slates  beyond  her  original  limits,  and  the  ter- 
ritory then  in  her  immediate  and  actual  possession.  Texas  revolted 
as  adepartraent  of  the  Mexican  government.  She  rightfully  revolt- 
ed, and  maintained  her  independence  within  the  boundary  which  ori. 
ginally  pertained  to  her.  All  that  she  claiinetl  to  have  actpiired  be- 
yond  she  must  have  acquired  bv  conquest.  And  to  the  validity  of  such 
a  title,  it  is  essential  that  the  whole  of  the  tciritory  thus  claimed 
must  have  been  in  actual  possession,  and  under  the  absolute  con- 
trol of  the  cont]uering  party,  and  aliandoned  by  the  power  which 
originally  claimed  it.  So  far  as  the  unoccupied  territory  is  eon- 
cerned,  the  possession  and  title  are  presumed  still  lo  pertain  to  the 
government  to  which  it  belonged  helore  the  contest.  But  General 
Taylor  tells  us  that  between  the  Nueces  and  the  Rio  Graiule  he 
found  a  Mexican  custom  house,  Mexican  villages,  and  Mexican 
olTicers;  and  that  a  deputation  from  the  Mexican  department  of 
Tamaulipas  warned  him  not  to  .advance.  He  was  also  directed  by 
our  own  government  in  making  his  advance  lo  respect  the  posts  in 
the  oeeupancy  of  Mexican  forces,  ami  the  ]\Iexican  settlemenls 
over  which  Texas  did  not  exeri;ise  jurisdiction,  and  to  give  assu- 
rances to  the  people  on  the  east  bank  of  the  Rio  Grande  that  they 
woulil  not  bo  interfered  with  in  respect  lo  their  property,  iheir 
personal  rights,  or  religious  privileges.  Why  was  he  so  instructed 
unless  it  was  reeogniztnl  at  the  time  ns  being  a  Mexican  popula- 
tion. The  peojilc  alitindonctl  their  cotton  fields  and  lied  at  his  np- 
jniiaidi.  \\'h\  did  ilicy  Hy  unless  llicy  were  Mexicans?  No,  sir, 
there  is  not,  in  my  jtidginent,  a  plausible  prelcnee  of  right  on  the 
part  of  Texas,  at  that  time,  to  territory  lying  between  the  two 
rivers  except  in  the  immediate  neighborhood  of  the  Nueces.  Be- 
tween that  river  and  the  Rio  Grande  there  was  an  immense  tract 
of  countrv  without  population  which  Inid  not  passed  under  the  do- 
minion of  the  Texan  government.  That  territory  is  now  in  the 
possession  of  the  Unilcd  States.  Texas,  since  her  annexation  to 
the  Union,  has  been  permitted  lo  exercise  jurisdiction  over  it. 
The  government  of  the  United  States  has  also  extended  its  jurisdic- 
tion over  it,   by  the  establishment  of  post  roads;  and  other  acts  of 


March  15.] 


THE  TEN  REGIMENT  BILL. 


347 


Congress  have  been  passed,  since  the  war  commenced,  recognizing 
it  as  a  part  of  the  State  of  Texas. 

Now,  sir,  ill  the  settlement  between  the  United  States  and  Mex- 
ico, I  ask  if  we  obtain  a  relinquishment  of  all  claims  which  the  (Go- 
vernment of  Mexico  and  the  department  of  Tamaiilipas  may  have 
to  this  territory  between  the  Rio  Grande  and  the  Nueces,  and  also, 
in  addition  to  this,  the  right  to  the  navigation  of  the  Rio  Grande 
which  General  Taylor  was  instructed  not  to  attempt  to  enforce, 
shall  we  not  have  a  fair  equivalent  in  value  to  the  claims  ot  our 
citizens  now  reduced  in  amount  to  a  little  mure  tlian  live  millions 
of  dollars?  In  addition  to  this,  a  large  amount  has  been  collected 
by  the  army  in  Mexico  from  the  revenues  of  that  republic,  and 
fio  ti  contributions  levied  on  the  people,  by  order  of  the  President, 
which  ought  to  be  regarded  as  a  fund  for  the  payment  of  the 
awards  in'favor  of  our  citizens  for  which  the  taxes  thus  seized  and 
appropriated  without  lawful  authority,  were  pledged  by  the  con- 
vention of  January,  1843. 

These,  sir,  are  my  views  in  regard  to  what  is  just  between  the 
United  States  and  the  Mexican  republic  in  the  settlement  of  this 
controversy.  As  to  ajiy  claims  of  territorial  cession,  for  wjiich  a 
price  is  to  be  paid  in  money  to  Mexico,  I  deny,  sir,  either  that 
this  government  has  a  right  to  demand  such  cession,  or  that  it 
would  be  proper  or  lawful  for  Mexico  to  make  it.  Mexico,  it  is 
conceded,  has  no  public  domain.  The  departments  of  New  Mex- 
ico and  California  which  the  President  desires  to  dissever  from 
the  Mexican  republic,  and  in  right  of  conquest  or  cession,  to 
annex  to  our  own,  are  members  of  that  confederacy  in  the  same 
manner  as  the  Stales  of  this  Union  are  united  in  our  own.  \yhat 
then  is  their  relation  to  that  republic  ?  In  the  message  of  the 
President  of  December  8,  1846,  he  says  : 

"In  the  year  lfi'24,  Mexico  established  a  federal  eonstilulioit  uiuler  whii-li  tlie  Mexi- 
can republic  was  uoiiiposei!  of  a  number  of  sovereign  Stales,  confederated  together  in 
a  federal  union  similar  to  our  own.  Eaeli  of  these  States  had  its  own  executive,  legis- 
lature, and  judiciary,  and  for  all  except  federal  purposes,  was  as  independent  of  the 
general  government,  and  that  of  the  other  States,  as  is  Pennsylvania  and  Virginia 
unfler  our  constitution. " 

That  constitution  is  now  in  force.  It  confers  no  power  on  the 
republic  lo  dismember  itself  or  to  cede  away  its  confederate  Slates. 
I  have,  heretofore,  had  occasion  to  refer  to  the  law  of  nations  on 
this  subject,  as  stated  by  Vattel,  and  other  European  publicists 
of  approved  authority.  I  ask  the  indulgence  of  the  Senate  while 
I  refer  to  the  solemn  acts  of  some  of  our  own  State  Legislatures, 
and  to  the  opinions  expressed  by  some  of  our  most  eminent  states- 
men. On  the  9tli  of  February,  1830,  the  Commonwealth  of  Mas- 
sachusetts declared  by  solemn  resolution  : 

"That  the  government  of  the  United  Stales  has  no  constitutional  right  to  cede  any 
portion  of  the  territory  of  the  States  composing  thisUuion  to  any  foreign  power,  or  to 
deprive  any  Stale  of  any  land  or  other  property  without  the  consent  of  such  Stale 
piT'vioiHty  obtained:  anil  that  any  act  purporting  to  have  such  etiect  would  be  wholly 
null  and  void,  and  In  no  way  obligatory  upon  the  government  or  jieople  of  either  of 
the  said  Slates." 

The  Legislature  of  the  State  of  Maine  on  the  28th  of  February, 
1839, 

Resolved,  "That  the  Constitution  of  the  United  States  does  not  invest  the  General 
Government  with  unlimited  and  absolute  powers,  but  confers  only  a  special  and  mod- 
ified sovereignty,  without  authority  to  cede  to  a  foreign  power  any  portion  of  territory 
belonging  to  a  Stale  without  its  consent." 

The  same  doctrine  after  a  full  discussion  in  the  cabinet  council 
of  General  Wasltington,  by  Mr.  Jefl'erson  and  General  Hamilton, 
was  affirmed  and  maintained  in  the  instructions  to  Messrs.  Car- 
michael  and  Short,  prepared  by  Mr.  Jell'erson  as  Secretary  of  State 
on  the  18tli  of  March,  1792,  in  which  the  right  of  this  government 
to  dismember  itself  and  to  cede  a  portion  of  its  territory  to  another 
government  is  emphatically  denied. 

I   will   not  occupy  the   time  of  the   Senate  by  adverting  more 
particularly  to  docunienis   which  have  heretofore  been  alluded  to, 
and  are  well  known  to  the  Senate.     But,  sir,  I  ask  for  what  pur- 
pose do  we  want  Mexico  to  cede  to  us  this  territory.     What  great 
national  interest  requires  the  cession  ?     Has  Congress  ever  passed 
an  act  authorizing  the   Executive  government,  to  purchase  it,  or 
obligating  itself  in  any  manner  to  prosecute  the  war  for  the  acqui- 
sition of  territory  ?     Has  Congress  declared  any  great  public  ob- 
ject to  exist  rendering  it  necessary  or  proper  to  acquire  possession 
of  this  territory.     No,  sir,  the  only  act   that  Congress  has  passed 
on  the  subject  is  contained  in  the  joint  resolntion  for  the   annexa- 
tion of  Texas,  prescribing  as  a  condition  of  her  admission  into  the 
Union,  that  the  State  be  formed   subject  to  the  adjustment  by  this 
government  of  all  questions  of  boundary  that  may  arise  with  other 
governments.     Did   Congress  at  that  time  expect  an  enlargement 
of  her  territory  ?     If  so,  why  was   Texas  required  to  concede  the 
right  to  this  government  to  settle  the  question  of  her  boundary  with 
the   government   of   Mexico.     If  the   government   of  the  United 
States  then  intended  to  assert  an  indefeasible  right  to  the  territory 
extending  to  the  Rio  Grande  surely  they  would   not  have  required 
the  consent  of  Texas  to  the  settlement  of  the  boundary.     No,  sir, 
it  was  the  expectation  of  Congress,  at  that  time,  that    this  ques- 
tion might  be   settled  by  taking   less  than  Texas   had    included  in 
\\ir  claim,  by  constituting  what  is  called  "the  stupendous  desert," 
between  the  Nueces  and  the  Rio  Grande,  the  boundary;  and  there 
fore  it  was  required  that  Texas  should  give  her  consent.     But  has 
Congress  in  any  manner  sanctioned  the  project  of  adding  New  Mex- 
ico and  California  to  the  States  of  this  Union?     Is   Congress  pre- 
pared to  carry  on  a  wor  for  the  purpose   of  compelling  Mexico  to 
cede  them.     This,  sir,  is  a  question  which,  in  my  judgment,  per- 
tains to  Congress,  in  co-operation  with  the  treaty-making  power, 
to  decide,  and  not  to  the  Executive  alone.     For   I   hold   that  the 
government  of  the  United  States  cannot,  for  any  purpose,  add  ter- 


ritory from  a  foreign  nation  unless  it  be  for  the  accomplishment  of 
some  great  national  purpose,  recognized  by  the  constitution  as  one 
for  which  it  is  the  duty  of  the  government  to  provide.  If  it  be 
deemed  necessary  for  the  purposes  of  defence,  or  for  the  protection 
of  any  great  national  interest  for  which  Congress  is  authorized  by 
the  constitution  to  legislate,  that  foreign  terriiory  should  be  an- 
nexed, it  is  for  Congress  to  decide  whether  such  necessity  exists 
before  the  Executive  can  be  justified  in  treating  for  its  acqtiisition. 
But  for  the  purpose  of  bringing  new  States  into  the  Union,  or  of 
extending  our  free  institutions  to  a  foreign  population,  the  ac. 
quisition  of  territory  is  not  warranted  by  the  constitution. — 
If  the  power  exists  in  the  government  of  the  United  States,  it  is 
a  power  which  must  be  found  in  the  constitution,  either  as  specifi- 
cally granted  or  as  essential  or  proper  to  carry  into  effect  other 
powers  which  are  granted.  It  may  be  essential  to  the  security  of 
a  nation  that  a  lawless  and  dangerous  neighbor  should  not  only  be 
punished,  but  deprived  of  bis  point  of  attack.  It  may  be  essential 
to  the  preservation  of  a  nation — to  prevent  its  dismemberment — 
that  additional  territory  should  be  acquired  by  peaceful  negotia- 
tion, as  was  done  in  the  ease  of  the  purchase  of  Louisiana.  The 
immense  and  fertile  regions  of  the  west  had  no  outlet  for  their 
commerce.  The  inhabitants  were  discontented  and  restless,  and 
it  was  evident  they  could  be  retained  in  the  Union  only  by  the  ac- 
quisition of  the  right  to  navigate  the  Mississippi.  That  right 
could  only  be  obtained  by  tlie  purch,a.se  of  Louisiana.  Mr.  Jeffer- 
son availed  himself  of  a  fortunate  opportunity  to  acquire  it,  though 
he  did  not  regard  the  purchase  as  justified  by  any  power  conft,rred 
by  the  constitution.  It  was  approved  by  Congress,  and  ratified 
by  the  acquiescence  of  the  American  people. 

The  acquisition  of  Florida  was  justified  on  a  similar  principle  ; 
and  Texas  was  received  into  the  Union  by  an  act  of  Congress  on 
the  pretence,  whether  well  founded  or  not,  it  is  not  ray  purpose  now 
to  inquire — that  it  was  essential  to  the  protection  of  a  national  in- 
terest. 

But  for  the  annexation  of  New  Mexico  and  California  to  the 
Union,  no  such  necessity  exists.  Their  territories  are  compara- 
tively of  little  value,  and  their  acquisition  is  connected  with  no 
great  public  interest.  New  Mexico  has  been  settled  more  than 
twi.  hundred  years.  The  soil,  except  on  the  immediate  borders  of 
the  Rio  Grande,  is  barren  and  unproductive.  Her  population  is 
of  the  most  degraded  character,  and  is  believed  to  have  attained 
the  maximum  which  the  country  can  support.  It  is  a  population 
having  no  bond  of  sympathy  to  unite  them  with  our  own,  and  to- 
tally unfitted  to  be  invested  with  the  power  of  aiding  in  the  go- 
vernment of  this  Union,  and  llie  regulation  of  the  great  commer- 
cial interests  of  the  American  people.  Every  acre  of  land  within 
the  limits  of  New  Mexico  capable  of  being  applied,  by  irrigation, 
to  agricultural  purposes  is  already  occupied.  The  climate  is  such 
as  lo  prevent  those  luodes  of  cultivation  which  are  congenial  to 
the  habits  of  our  people.  The  country  is  fit  only  for  the  residence 
of  a  Mexican  or  Indian  population,  such  as  has  occupied  it  from 
its  earliest  settlement. 

In  regard  to  California,  with  the  exception  of  the  Bay  of  St. 
Francisco  and  the  valley  of  the  Sacramento,  all  who  have  explor- 
ed that  region  agree  that  the  territory  is  worthless.  Its  interior, 
says  Col.  Fremont,  is  little  known.  It  iscalled  a  desert,  and  from 
what  I  saw  of  it,  sterility  may  be  said  to  be  its  prominent  charac- 
teristic. It  is  peopled  but  miserably  and  sparsely.  Humanity  is 
there  in  its  lowest  form  ;  the  rabbit  is  the  largest  animal  known  in 
this  desert  ;  the  wild  sage  tree  their  only  wood.  In  extent  it  is  said 
that  it  cannot  be  less  than  four  or  five  hundred  miles  in  each  direc 
tion.  Now,  I  ask,  if  we  could  compel  Mexico  to  sell,  or  cede  to  us 
without  buying,  those  territories,  for  what  national  purpose  do  we 
want  them?  Have  we  not  on  immense  quantity  of  fertile  land  which 
has  been  for  years  in  the  market?  The  rich  valleys  of  the  Mississis- 
sippi  and  the  Missouri  and  other  tributary  streams  are  yet,  to  a 
areat  extent^  unoccupied,  and  will  be  for  years  and  years  to  come. 
Why  do  wc  want  to  purchase  these  immense  wastes  and  add 
them  to  our  already  extended  territories?  Sir,  it  has  been  truly 
said  that  this  government  would  not,  in  fifty  years,  be  able  to  re- 
alize fifty  thotisand  dollars  from  any  land  it  could  sell  in  those 
territories.  San  Francisco  may  indeed  be  valuable  for  purposes 
connected  with  commerce,  but  that  place  could  be  much  more  ad- 
vantageously acquired  by  pacific  negotiation.  But  in  whai,  I  ask, 
does  the  acquisition  of  these  territories  by  purchase  differ  from 
acquisition  by  conquest?  Suppose  tliein  to  be  valuable  and  that  we 
were  about  to  pay  for  them  more  than  they  were  worth.  The 
Mexican  republic,  as  we  learn  from  their  public  documents,  have 
manifested  very  great  reluctance  to  ceding  any  portion  of  those 
territories.  They  urged  that  the  population  of  New  Mexico  was 
loyal  to  their  government,  and  that  it  was  incompatible  with  the 
principles  upon  which  their  confederacy  was  based,  and  with  the 
dictates  of  common  justice  to  that  people  to  cede  them  with  their 
terriiory  to  the  United  States.  How  can  this  doctrine  be  gain- 
sayed  by  us?  She  is  a  sister  republic,  constituted  on  the  same 
principles  as  our  own.  How  does  a  cession  forced  from  Mexico 
for  a  price,  with  the  presence  of  our  armies  m  her  midst,  differ  in 
any  respect  from  conquest? 

I  am.  then,  opposed  to  sending  this  additional  force  to  Mexico, 
because  I  am  opposed  to  the  only  i)urpose  for  which,  in  my  judg- 
ment, such  a  force  can  lie  required.  I  hold  a  war  of  conquest  for 
the  purpose  of  acquiring  dominion  over  another  people,  to  be  utter- 
ly inconsistent  with  the  genius  of  our  government,  and  the  princi- 
ples on  which  it  is  founded.  But,  sir,  if  I  could  resort  to  it  in  any 
case,  I  would  scorn  to  do  it  at  the  expense  of  a  feeble  enemy  like 
Mexico,     How  much  more  honorable  would  it  be  for  this  great 


348 


THE  TEN  REGIMENT  BILL. 


[Wednesday, 


nation  to  lift  up  our  sister  republic,  now  crushed  to  the  earth  by 
the  power  of  our  arras;  and  in  a  spirit  of  raai;naniniily  and  gener- 
osity to  say  to  her,  we  will  ask  you  for  notliins:  but  justice.  To 
the  extent  of  the  just  claims  of  our  citizens  we  desire  reparation 
and  indemnity;  but  we  scorn  to  take  advantage  of  the  position  in 
which  the  fortune  of  war  has  placed  us,  to  extort  a  bargain,  or  as- 
sert a  claim  to  which,  on  the  principles  of  your  own  constitution 
and  ours  you  have  no  power  to  yield.  Jiut,  sir,  so  far  from  it  be- 
ing a  desirable  object  to  acquire  these  territories,  to  be  incorporated 
as  states  into  our  Union,  it  it  were  left  to  me  to  decide  upon  the 
acipiisition,  1  would  pay  millions  to  get  rid  of  them,  rather  than  pay 
a  dollar  for  their  possession.  Not  only  will  the  acquisition  be  inju- 
rious to  us  by  brnigiug  new  states  into  the  Union,  with  a  popula- 
tion utterly  untittcd  to  the  exercise  of  power  in  our  government, 
but  it  will  nece.ssarily  introduce  causes  of  domestic  disquiet  and 
disunion,  which  will  agitate  this  country  from  one  end  of  it  to  the 
other.  The  free  states,  sir,  will  never  consent  to  any  farther  ex- 
tension of  the  inequality  of  slave  representation.  The  question  of 
freedom  or  slavery  in  these  territories  must,  therefore,  speedily 
come  up  to  be  discussed  and  settled,  as  a  great  political  question — 
a  question  of  power  arising  out  of  the  compromises  of  the  constitu- 
tion, (jf  the  most  exciting  and  agitating  character. 

What  great  national  interest  requires  this  vast  accession  to  our 
territories?  Have  we  not  already  so  increased  our  domain,  that 
tlio  old  thirteen  States  have  become  almost  insignificant  in  then- 
dimensions,  ill  comparison  with  its  vast  extent  ?  Why  should  we, 
tiien,  compel  a  foreign  people  to  dissever  the  ties  of  allegiance 
which  bind  them  to  the  government  of  their  choice,  to  associate 
them  with  one  that  is  alien  to  all  the  sympathies  and  habits  of 
their  race  ?  Sir,  there  is  no  principle  of  public  policy  or  of  justice 
that  requires  it,  and  in  rayjudgment  it  is  not  warranted  by  the 
constitution  of  the  United  States.  But  look  for  a  moment  at  the 
expense  that  such  an  acquisition  of  territory  will  necessarily  entail 
upon  us.  Many  tierce  and  warlike  tribes  of  Indians  now  roam 
over  the  vast  regions  between  the  western  border  of  New  Mexico 
and  the  Pacilie.  Their  predatory  habits  have  led  them  into  almost 
conliiiual  conllict  with  the  neighboring  Mexican  population.  These, 
it  would  become,  at  once,  our  duty  to  restrain  or  subdue.  An  ad- 
dition to  our  standing  army  of  at  least  5,000  men,  at  a  cost  of 
4,U0U,000  or  5,000,000  of  dollars  would  immediately  become  ne- 
cessary. And  who  can  fail  to  see  that,  with  a  standing  array 
kept  up  for  such  a  purjiose.  amidst  a  restless  border  population, 
we  should  .soon  become  involved  in  other  controversies  with  the 
neighboring  Mexican  population,  loading  to  other  wars  of  acqui- 
sition and  conquest  ? 

How  will  justice  be  administered  to  our  people  when  these 
large  additions!  are  made  to  our  territory  ?  The  constitution  has 
provided  but  one  Supreme  Court  ;  and  that  court  is  now  unable 
to  administer  justice  to  its  numerous  suitors,  short  of  two  or  three 
years  from  the  time  when  their  suits  are  entered  on  its  docket. 
New  systems  of  laws  will  have  to  be  learned,  and  administered 
by  our  judges,  and  it  will  be  utterly  impossible  for  that  court, 
however  incessantly  it  may  be  occupied,  to  fulfil  the  great  duty, 
imposed  by  the  constitution,  and  which  it  was  one  of  its  highest 
purposes  to  secure — of  the  speedy  administration  of  justice  to  the 
people  of  the  United  States.  Sir,  the  capacity  of  a  government  to 
administer  justice  to  the  people  in  its  court  of  dernier  resort  fur- 
nishes a  natural  limit  to  its  territory.  Ours  has  already  surpassed 
that  limit. 

If  we  ecmpel  Mexico  to  cede  to  us  the  portions  of  her  territoriei 
which  the  Presidtnt  now  desires,  where.  I  ask,  aro  we  to  stop. 
To  what  new  wars  will  the  desire  for  foreign  conquest  lead  us 
next  ?  To  what  new  acquisitions  will  the  attention  of  our  people 
be  directed  ?  To  Canada  ?  To  Cuba  ?  or  to  the  conquest  of 
other  States  of  the  Mexican  republic,  bringing  with  them  fresh 
causes  of  domestic  disquiet  and  disunion? 

If  the  lust  of  dominion  is  to  go  on  unchecked,  and  conquest  is 
to  be  hereafter  deemed  a  legitimate  mode  of  acquisition — if  this 
principle — asserted  in  a  resolution  now  pending  before  the  Senate — 
is  to  be  regarded  as  established  American  doctrine,  with  the  sanc- 
tion of  statesmen  who  have  hitherto  denounced  it  as  destructive  to 
our  institutions,  no  power  will  hereafter  exist  in  the  government  to 
restrain  the  cupidity  of  our  citizens.  New  wars  will  be  stimulated, 
and  while  the  old  Stales  of  the  Union  will  be  shorn  of  the  influ- 
ence they  once  possessed,  in  the  government  established  by  our 
fathers,  "to  secure  the  blessings  of  liberty  to  themselves  and 
their  posterity,"  we  shall  go  on,  under  the  guidance  of  the  repre- 
sentatives of  a  people  who  never  drank  at  the  fountains  of  the  Re- 
volution, conqui-ring  and  to  conquer,  till  our  "manifest  destiny"  is 
fiillilb-d.  What  that  destiny  will  lie,  it  requires  no  prophet  to 
foretell. 

In  whatever  view  1  liave  been  aide  to  consider  this  question,  I 
can  perceive  nothing  to  commend  to  my  judgment,  the  policy  of 
senduig  an  additiimal  army  into  Mexico,  to  e<impel  that  conquered 
repubbc  to  cede  to  us  the  territory  which  the  President  requires. 

But,  sir,  if  such  an  object  were  desirable,  have  wo  not  now  in 
Mexico  an  army  capable  of  enlargement,  under  its  present  organi- 
zation to  GO, 000  men  ?  Have  we.  iiol  olhccrs  enougii,  without  em- 
ployment, now  traversing  the  country  at  their  leisure,  to  perform 
the  duty  of  enlistment  ?  Have  we  not  regiments  enough,  already 
formed,  to  which  volunteers  who  desire  to  make  sacrifices  for  their 
country  on  the  altar  of  patriotism,  may  attach  themselves  ?  What 
need,  then,  of  passing  the  present  bill  for  the  creation  of  additional 
regiments.  Sir,  1  can  sec  no  other  object  to  be  gained  by  it,  but 
the  distribution  of  an  immense  amount  of  Exvoutive  patronage,  to 


which  I  am  utterly  opposed.     It  already  endangers  the  liberties  of 
the  country. 

Mr.  ALLEN  then  said:  In  looking  to  the  proceedings  of  the 
Senate,  I  find  that  this  bill  was  taken  up  on  the  30th  of  December; 
that  the  discussion  on  it  was  opened  on  the  3d  of  January — more 
than  two  months  since;  the  Senate  in  the  meantime  having  been 
occupied  in  its  consideration,  with  the  exception  of  the  last  two 
weeks,  which  have  been  spent  in  executive  session.  Now,  sir,  it 
does  seem  to  me  that  there  ought  not  only  to  be  an  end 
liut  a  speedy  end  put  to  this  subject.  I  believe  that  when  the 
discussion  was  suspended  on  account  of  the  other  matter,  of  which 
I  am  not  at  liberty  to  speak,  almost  every  gentleman  of  this  body 
who  intended  to  speak  at  all  upon  the  bill,  had  spoken  fully.  I 
believe  that  the  best  thing  which  can  be  done  to  acconiplish  the 
end  which  all  profess  to  desire — the  final  and  diplomatic  termina- 
tion of  this  war — would  be  to  vote  for  a  conditional  augmentation 
of  the  military  force  of  the  country;  and  that  vote  to  accompany 
the  minister  who  will  bear  the  despatches  to  Mexico.  That  is  my 
opinion.  I  am  of  opinion  that  if  this  vote  be  not  taken,  and  if  what 
may  transpire  here  shall  be  permitted  to  transpire  with  the  pre- 
sumptive evidence  that  the  country  is  disarmed,  and  is  disarm- 
ing, that  nothing  beneficial  will  be  the  result.  That  is  my  delib- 
erate opinion.  I  think  that  a  vote  now — to-day — or,  at  least,  to- 
morrow, upon  this  bill  is  absolutely  necessary  to  the  welfare  of 
our  interests  in  Mexico;  and  entertaining  this  opinion,  and  in  con- 
.sideration  of  the  time  already  consumed  in  this  discussion,  looking 
also  to  the  advanced  period  of  the  :  session,  and  the  increasing 
desire  on  the  part  of  all  Senators  that  the  session  should 
not  be  protracted  throughout  the  whole  year,  I  do  hope  that 
to-morrow,  at  the  very  farthest  period,  the  vote  of  the  Senate 
will  be  taken  on  this  bill.  It  is  in  vain  to  say  that  gentle- 
men have  not  had  an  opportunity  of  being  heard.  There  has 
been  sufficient  opportunity  for  all  to  be  heard.  It  is  in  vain  to 
say,  that  any  recently  occurring  events  change  the  reasons  upon 
which  the  President  recommends  this  bill.  Although  I  am  not  one 
who,  for  the  sake  of  patronage  desires  this  augmentation,  yet  I 
would  much  rather  that  the  augmented  patronage  which  this  bill 
will  give  the  Executive  should  be  created,  than  tiiat  the  public  in- 
terests of  the  country  should  be  put  in  peril,  and  be  perhaps  per- 
manently endangered,  as  I  believe  they  will  be,  by  the  further 
procrastination  of  the  action  of  the  Senate.  I  believe  that  we 
should  treat,  armed,  and  not  disarmed — that  we  should  treat  with 
manifest  readiness  to  meet  any  emergency  which  failure  of  nego- 
tiation might  bring  about,  and  not  treat  with  a  declaration  in  ad- 
vance, that  if  Mexico  refuse  to  make  peace  we  cannot  pro.secute 
the  war  any  farther.  I  believe  that  some  evil  has  already  been 
done,  and  on  another  occasion  I  intimated  the  .same  opinion  to  the 
Senate — in  consequence  of  relaxing  the  muscles  of  the  country  in 
this  struggle.  I  do  not  want  to  see  a  greater  degree  of  lassitude 
in  this  contest,  until  we  know  that  this  war  is  not  only  concluded, 
but  concluded  by  a  treaty  of  peace.  I  do  not  wish  to  have  a  ces- 
sation of  war  without  a  treaty  of  peace,  because  that  would  be  to 
protract  the  struggle  indefinitely,  and  without  any  great  and  fixed 
object  on  the  part  of  the  government.  According  to  the  views 
which  I  expressed  on  another  occasion,  peace  might  have,  as  I 
thought,  been  obtained  more  speedily  under  other  circumstances, 
and  other  auspices;  but  in  no  circumstances  does  the  history  of 
the  experience  of  other  nations  or  common  reason  lead  us  to  any 
other  conclusion  than  that  warring  nations  should  make  peace 
before  they  disarm.  If  there  be  an  armistice,  it  is  an  armistice 
that  acts  upon  us  alone,  and  not  upon  Mexico,  because 
she  is  disarmed.  We  are  the  armed  party;  and  every  hour 
that  this  war  remains  unclosed  by  a  treaty  is  an  hour  of 
detriment  to  the  interests  of  this  nation.  Gentlemen  may 
exclaim.  What !  do  you  mean  to  scare  Mexico  by  arming 
anew !  Why,  we  mean  to  impress  Mexico  emphatically  with 
this  important  truth,  that  if  she  does  not  choose  to  make  peace, 
she  has  no  other  alternative  but  war — that  we  are  not  going  to 
sound  a  retreat  when  it  is  ascertained  that  she  is  not  prepared  to 
sign  a  peace.  This  is  the  sentiment  with  which  she  should  be  im- 
pressed. She  should  be  distinctly  advised  that  what  has  been 
done,  has  not  resulted  from  our  weakness,  but  from  oiu"  sense  of 
justice  and  our  sense  of  moderation.  Therefore,  we  shotdd  mani- 
fest no  weakness,  but  stand  armed  till  she  signs;  and  if  she  do  not 
sign,  manifest  to  her  the  fact  that  we  are  armed.  That,  sir,  is  my 
opinion,  as  one  who  believes  that  in  the  present  state  of  aflairs  peace 
is  desirable.  What  I  might  have  said  six  weeks  ago  is  one 
thing,  and  what  I  say  in  the  present  state  of  our  relations  with 
Mexico  is  another  thing.  I  say  that  in  the  present  state  of  these 
relations  peace  is  desirable;  but  I  say  also,  that  in  order  to  attain 
greater  certainty  of  peace,  we  should  not  disarm  before  the  peace 
is  signed,  but  stand  prepared  with  all  the  readiness  of  battle. — 
Now  this  bill,  if  it  pass,  will  do  no  more  than  sanction  the  Presi- 
dent in  making  a  contingent  augmentation  of  the  army  as  a  pre- 
cautionary measure.  That  is  all.  If  peace  come,  the  troops  will 
not  go;  if  peace  do  not  come,  the  troops  ought  to  go.  It  is  a 
plain  proposition.  If  there  bo  a  peace,  the  soldiers  will  not  march; 
if  there  be  no  peace,  the  soldiers  should  march.  We  can  there- 
fore infiict  no  injury  on  the  interests  of  the  country  by  the  passage 
of  this  bill;  and  I  desire,  having  of  course  no  right  to  spealc  in  be- 
half of  others,  that  we  will  not  let  to-morrow  pass  without  the 
final  action  of  the  Senate  upon  this  bill.  In  the  meantime,  there 
can  be  several  speeches  mad<!.  If  necessary  we  can  sit  here  all 
night.  But  let  it  be  understood  and  firmly  resolved,  that  the  vote 
will  be  taken  before  we  adjourn  to-morrow.  I  shall  bo  glad  if  this 
suggestion  meet  the  general  concurrence  of  the  Senate. 


March  15.] 


THE  TEN  REGIMENT  BILL. 


349 


Mr.  FOOTE. — Mr.  President  :  I  do  not  rise  to  address  the  Se- 
nate nt  any  length,  or  to  discuss  the  general  merits  of  the  measure 
now  under  consideration;  having  heretofore  enjoyed  ample  oppor- 
tunity of  expressing  my  views  upon  the  importance  of  strength- 
ening our  army  in  Mexico,  at  least  to  the  extent  proposed  by  the 
hill  hefore  us.  It  is  no  part  of  my  design  either  to  follow  the  Se- 
nator from  Connecticut  along  all  the  circuities  of  his  ramhling  and 
roundabout  discourse  upon  matters  and  things  in  general  and  the 
Mexican  war  in  particular.  Only  two  observations  have  I  to  sub- 
mit to  all  that  li.'is  been  enunciated  so  solemnly  by  the  Senator 
from  Connecticut  upon  the  present  occasion;  which,  as  a  whole, 
however  conspicuous  its  merits  in  other  respects  may  be,  will  be 
confessed  by  the  members  of  this  body  to  be  at  least  devoid  of  the 
charm  of  novelty.  And  first,  I  will  remark  for  a  moment  upon 
the  singular  attitude  which  the  Senator  from  Connecticut  has 
chosen  to  occupy  in  this  debate.  He  is  not  for  the  war.  Oh,  no! 
he  is  utterly  opposed  to  it.  He  is  not  for  peace  upon  the  highly  ho- 
norable terms  which  we  know  it  to  be  in  our  power  to  secure  from 
Mexico.  He  is  opposed  to  all  indemnity  from  Mexico,  because  he 
holds  the  war  to  he  unjust  on  our  part;  and  yet  I  cannot  believe 
that  the  grandson  of  the  illustrious  Roger  Sherman  would  be  wil- 
ling to  see  the  war  terminated  in  a  manner  calculated  to  imprint 
inetfaceable  disgrace  upon  the  escutcheon  of  the  republic.  What 
does  the  Senator  desire  ?  What  would  he  advise  us  to  do  ?  What 
objects  does  he  propose  to  us  as  worthy  of  attainment  ?  Indeed  I 
aiii  wholly  at  a  loss  on  these  points,  though  I  have  certainly  lis- 
tened to  the  Senator  with  attention  whenever  he  has  spoken.  Is 
he  quite  certain  that  he  entirely  understands  himself  upon  this 
grave  and  complex  subject  ?  If  he  does,  then  I  must  say  that  he 
has  been  most  unhappily  indistinct  in  the  language  adopted  by  him 
as  the  vehicle  of  his  thoughts;  and,  after  puzzling  myself  most 
painfully  in  order  to  come  to  a  thorough  comprehension  of  the  Se- 
nator from  Connecticut,  I  have  been  forced  at  length  to  the  con- 
clusion, that  his  intellectual  powers  are  involved  in  a  most  pro- 
found and  melancholy  hallucination  in  regard  to  every  thing  ap- 
pertaining to  this  Mexican  war,  its  origin,  progress,  and  probable 
results. 

The  Senator  from  Connecticut  concluded  his  speech  with  the 
avowal  of  a  motive  for  his  opposition  to  this  war  which  I  regret- 
ted very  much  to  hear:  he  says  that  if  the  war  be  further  prosecu- 
ted it  will  involve  the  acquisition  of  much  additional  territory,  to 
which  acquisition  he  is  averse,  because  he  fears  that  Connecticut 
might  lose  a  portion  of  her  relative  consequence  and  present  intlu- 
enee  in  the  councils  of  the  nation.  He  does  not  alledgc  that  the 
republic  would  receive  detriment  from  the  amplifieation  of  its  ter- 
ritorial domain.  He  does  not  apprehend  the  least  iiyury  to  this 
noble  partnership  of  sovereign  States  from  that  cause.  Ho  does 
not  fear  the  downfall  of  free  institutions,  or  the  disruption  of  the 
Union.  He  must  know  that  tlie  nation  will  be  greatly  strength- 
ened by  extending  her  territorial  surface  from  sea  to  sea,  and  by 
being  enabled  to  possess  herself  of  all  the  incalculable  advantages 
■which  will  arise  from  the  ownership  of  a  fertile  and  extensive  do- 
main upon  the  coast  of  the  great  Pacific,  with  boundless  mineral 
resources,  and  such  ports  and  harbors  as  no  commercial  nation  has 
ever  before  enjoyed.  All  this  the  Senator  from  Connecticut  knows 
as  well  as  any  member  ol"  this  body;  and  to  all  this,  as  a  patriot, 
he  can  possibly  make  no  objection.  But  he  fears  that  Connecticut 
may  loose  some  of  her  present  influence  !  How  is  this  to  take 
place  ■?     The   Senator   does   not  explain  himself  satisfactorily. — 

Will  not  her  influence  and  authority  as  one  of  the  sovereign 
members  of  the  confederacy  be  extended  over  a  more  ample  terri- 
torial surface!     Will  not  her  consequence  increase  with   the  in- 


cr»ase  of  our  national  resources?  Will  she  not  grow  in  the  growth 
of  the  nation,  and  strengthen  in  her  strength?  Has  the  acquisition 
of  Louisiana,  or  Florida,  or  Texas,  injured  Connecticut  in  any  re- 
spect whatever?  Has  she  less  respectability  on  account  thereof? 
I  suspect  that  the  Senator  has  fallen  into  a  serious  mistake  about 
this  matter,  and  a  mistake,  too, -which  is  quite  surprising  consider- 
ing that  he  is  himself  a  son  of  New  England.  Can  the  Senator 
suppose  that  the  amount  of  influence  which  the  difl'erent  Slates  of 
the  Union  exercise  in  the  management  of  national  concerns  is  in 
exact  proportion  lo  iheir  territorial  magnitude?  Is  he  of  opinion 
that  the  influence  which  New  England  has  always  wielded  in  the 
national  C(mncils  in  the  determination  of  questions  involving  the 
honor  and  hajtpiness  of  the  republic  has  borne  any  proporti(jn  what- 
ever to  the  number  of  square  miles  contained  within  her  territorial 
limitsT  At  least,  I  have  thought  far  otherwise.  I  have  supposed 
New  England  to  be  respectable  and  respected,  influential  and  en- 
titled to  influence,  on  very  different  grounds.  She  deserves  venera- 
tion, and  her  voice  is  ever  listened  to  with  respect,  because  of  the 
glorious  events  of  her  past  history;  because  of  her  noble  institu- 
tions for  securinc  the  freedom  and  advancing  the  true  dignity  of 
man  as  a  rational  and  responsible  moral  being;  because  she  has 
been,  in  all  generations,  the  patroness  of  the  arts  and  sciences,  and 
the  conservatrcss  of  all  useful  learning;  because  her  shores  supplied 
the  earliest  refuge  to  civil  and  religious  liberty;  because  her  soil  was 
moistened  with  the  earliest  blood  which  was  .shed  in  our  war  for 
independence;  because  of  her  numerous  great  and  good  men,  now 
and  at  all  times; — her  examples  of  high-souled  and  fervid  patriot- 
ism, elevated  disinterestedness,  pure  and  refined  morality,  and  true 
Christian  charity.  Certain  neighborhoods  of  New  England  have 
lost  .standing  and  influence  of  late,  I  am  persuaded,  simply  because 
those  who  dwell  therein  have  become  unmindful  of  the  examples 
of  their  ancestors,  and  have  permitted  faction  to  control  them,  in- 
stead of  patriotism — a  desire  for  sectional  advantages  to  supercede 
the  ambition  to  promote  the  general  good  and  the  true  honor  of  the 
whole  nation.  My  life  on  it,  sir,  let  Connecticut  be  iii  all  things 
what  she  should  be,  let  all  her  .sons  truly  emulate  the  glory  of  their 
sires,  let  them  heartily  unite  with  their  fellow  countrymen  in  other 
portions  of  the  Union  in  sustaining  the  national  honor  in  time  of 
war,  and  aid  in  maintaining  a  just,  disinterested,  and  liberal  poli- 
cy in  the  management  of  our  domestic  concerns  in  sea.sons  of  peace, 
and  we  shall  hear  no  longer  any  complaints  in  this  hall  about 
Connecticut  having  lost  her  influence  and  political  consequence. 

Mr.  CALHOUN. — If  no  gentleman  desires  to  speak  on  this  bill, 
I  should  be  glad  to  have  an  opportunity  of  slating  my  views  on  it 
to-morrow.  The  reasons  which  compel  me  to  vote  against  the 
bill  have  been  mistaken.  I  intended  even  if  the  treaty- 
Mr.  MANGUM.— Will  the  Senator  yield  the  floor  for  a  mo- 
ment.    I  see  that  the  usual  hour  of  adjournment  has  arrived. 

Mr.  CALHOUN. — I  have  only  one  word  to  say.  Thad  intend- 
ed to  vote  against  this  bill  in  any  event;  and  I  must  say,  that  an 
occurrence  which  has  recently  taken  place,  rather  strengthens  my 
intention  to  vote  against  it.  I  have  hal  no  opportunity,  however,  of 
expres.sing  myself  on  the  subject,  and  have  occupied  very  little  of 
the  time  of  the  Senate,  and  ii'  it  should  please  the  Senate  to  post- 
pone the  consideration  of  the  bill  till  to-morrow,  I  should  regard  it 
as  an  accommodation. 

On  motion 

The  Senate  then  adjourned. 


350 


PETITIONS— DEFICIENCY  BILL. 


[Thursday, 


THURSDAY,  MARCH  16.  1848. 


RESOLUTION    OF    THE    LEGISLATURE    OF    LOUISIANA. 

Mr.  JOHN.SON,  of  Louisianii,  presented  a  resolution  passed  by 
the  Legislature  of  the  Slate  of  Louisiana,  in  favor  of  cxtendnijf 
the  port  of  New  Orleans  so  as  to  embrace  the  City  of  Lalayette, 
in  that  State;  which  was  referred  to  the  Committee  on  Commerce. 

PETITIONS. 

Mr.  STURGEON  presented  a  memorial  of  members  of  the  Bar 
of  Pittsbursh,  Pennsylvania,  praving  that  the  circuit  duties  of  the 
Judges  of  the  Supreme  Court  may  nut  be  suspended  ;  which  was 
laid  upon  the  table. 

Mr.  DAVIS,  of  Mississippi,  submitted  additional  documents  re- 
lating to  the  petition  of  John  Johnson  and  others  ;  which  were  re- 
ferred to  the  Committee  on  liiihau  Allairs. 

Mr.  DIX  presented  two  memorials  of  Isaac  Newton,  proposing 
to  contract  with  the  governiuerit  for  establishing  a  line  of  mail 
steamers  between  New  York  and  Havre  ;  and  between  New  York 
and  Vera  Cruz;  and  between  New  Orleans  and  Vera  Cruz  ;  which 
were  referred  to  the  Committee  on  the  Post  Office  and  Post 
Roads. 

Also,  the  memorial  of  Grinnell,  Mintuin  and  Company  and 
others,  merchants  and  importers  in  New  York,  praying  the  reim- 
bursement of  certain  import  duties  paid  by  them,  and  the  enact- 
ment of  a  law  making  allowance,  in  the  payment  of  duties,  for 
wastage  on  merchandize  arrivino;  in  the  United  States  ;  which  was 
referred  to  tlie  Committee  on  Finance. 

Mr.  BENTON  presented  a  memorial  of  importing  merchants  in 
St.  Louis,  Missouri,  praying  to  be  relieved  from  the  operation  of 
certain  restrictions,  imposed  by  the  existing  tarifl',  on  merchandize 
imported  in  that  city  through  the  port  of  New  Orleans  ;  which  was 
referred  to  the  Committee  on  Commerce  and  ordered  to  be  printed. 

Mr.  DOWNS  presented  the  petition  of  James  G.  Carson,  pray- 
in"  tlie  confirmation  of  his  title  to  certain  lands  in  Louisiana  ; 
which  was  referred  to  the  Committee  on  Private  Land  Claims. 

Mr.  CAMERON  presented  a  memorial  of  the  corporation  of 
the  City  of  Washington,  praying  certain  amendments  of  their 
charter  ;  which  wa.s  referred  to  the  Committee  of  the  District  of 
Columbia. 

Mr.  WESTCOTT  presented  I  he  petition  of  Lewis  Kennedy, 
and  Henry  Gaither  and  Co.,  praying  permission  to  erect  saw-mills 
on  a  certain  tract  of  land  lielunging  to  the  United  States  ;  which 
was  referred  to  the  Committee  on  Public  Lands. 

On  motion  by  Mr.  ALLEN,  it  was 

Onlcred,  That  the  petition  of  the  chiefs  and  delegation  of  the 
Wyandott  nation  of  Indians,  on  the  files  of  the  Senate,  be  referred 
to  the  Committee  on  Indian  Affairs. 

BURNING    OF    THE    MISSOURI. 

Mr.  JOHNSON,  of  Louisiana,  submitted  the  following  resolu- 
tion, which  was  considered,  by  unanimous  consent,  and  agreed  to: 

Resotvetl,  That  the  Committee  on  Naval  Allairs  be  inslrucled  to  inquire  into  the 
expediency  ol'  making  an  ajuiropriation  to  indeiiliiify  the  officers,  seamen  and 
marines  of  the  United  States  steam  frigate  Misvouri,  tor  the  losses  sustained  by  tliem 
by  the  de-lruction  by  tire  of  the  said  frigate  at  Gibraltar,  on  the  '2d  August,  1843. 

AFFAIRS    IN    CALIFORNIA. 

Mr.  CLARKE  submitted  the  fnlluwing  resolution  for  considera- 
tion ; 

Resolved,  That  tlie  President  of  tlie  Ifnited  States  be  requested  to  transmit  to  the 
Senate  a  eojiy  of  "a  despatch  to  the  United  States  consul  at  Monterey,  T.  O,  Ijarkiii . 
Esq.,"  forwarded  in  November,  1H4.'>.  by  (.'aptain  Gillespie  of  the  marine  corps,  and 
wliieh  was,  by  him,  destroyed  before  eniering  the  portol  Vera  Cruz. 

POSTAL     ARRANGEMENTS. 

Mr.  NILES  submitted  the  following  resolution  for  consideration: 

Resolved,  That  the  President  be  re([ueHted  to  communicate  to  the  Senate  copies  ol 
the  correspondence  between  the  minister  of  the  United  States  at  London,  and  any 
authorities  of  the  British  government,  in  relation  to  a  postal  arrangement  between  the 
two  countries. 

COMMITTEE    ON     INDIAN    AFFAIRS. 

On  motion  by  Mr.  ATCHISON,  it  was 
Ordered,  That  the  vacancy  in  the  Coinmiltec  on  Indian  Aflairs, 
caused   by  the   resignation  of  Mr.  Seviek,  be   tilled  by  the  ap- 
pointment of  the  Presiding  Oflicer. 

MEDALS   AND   CERTIFICATES. 

Mr.  CASS,  from  the  Committee  on  Military  Allairs,  to  whom 
was  referred  the  joint  resolution  authorizing  medals  and  eertiJi- 


cates  to  be  given  to  olTicers  and  soldiers  of  the  regular  forces  and 
volunteers  for  gallant  conduct  in  battle  during  the  war  with  Mex- 
ico, reported  it  with  an  amendment. 


DEFICIENCY    BILL. 

On  motion  by  Mr.  ATHERTON,the  prior  orders  were  post- 
poned, and  the  Senate  resumed  the  consideration,  as  in  Comraittco 
of  the  Whole,  of  the  bill  from  the  House  of  Representatives  fur- 
ther to  supply  dcfieiences  in  the  appropriations  for  the  service  of 
the  fiscal  vear  ending  the  30th  June,  1848. 

The  question  pending  being  upon  agreeing  to  the  amendment 
proposed  by  Mr.  Benton,  to  strike  out  the  words  ''the  Papal 
States,"  in  line  84,  and  after  "Ecuador,"  in  line  86,  insert  "and 
for  a  minister  plenipotentiary  to  the  Papal  States,"  and  strike  out 
"twenty-two"  and  insert  "thirty-one" — 

Mr.  ATHERTON  remarked  that  the  Senator  from  Missouri 
not  being  in  his  seat,  he  would  ask  leave  to  otTer  an  amendment. 

Mr.  ATHERTON  then  moved  to  amend  the  bill  by  inserting, 
at  the  close  of  the  63d  line,  "For  contingent  expenses  in  the  office 
of  the  Treasurer  of  the  United  States  five  hundred  dollars;"  which 
was  agreed  to. 

Mr.  ATHERTON  moved  further  to  amend  the  bill  striking  out, 
in  the  138tli  line,  the  word  "two"  and  inserting  "three;"  which 
was  agreed  to. 

Mr.  BREESE  moved  farther  to  amend  the  bill  by  insertinjj  be- 
tween lines  100  and  101,  "for  compensation  to  eight  additional 
clerks  to  be  employed  in  the  General  Land  OtTice,  four  of  them  at 
the  rate  of  twelve  hundred  dollars  per  annum  each,  and  the  re- 
maining four  at  the  rate  of  one  thousand  dollars  per  annum  each, 
the  sum  of  two  thousand  two  hundred  dollars;"  which  was  agrectl 
to. 

The  question  tiicn  being  upon  agreeing  to  the  amendment  pro- 
posed by  Mr.  Benton,  in  reference  to  the  mission  to  the  Papal 
State* — 

Mr.  BENTON. — The  amendment  speaks  for  itself.  Its  object  is 
to  make  the  mission  to  Rome  a  full  one.  I  desire  that  we  should 
senii  to  Rome,  once  the  head  of  the  political  world,  and  for  so  long 
a  period  the  head  of  the  religious  world,  a  minister  who  might  be 
charged  with  other  duties,  .so  that  in  point  of  expenditure  the 
amount  would  not  exceed  that  of  two  chargeships,  the  duties 
iif  which  would  be  discharged  by  an  agent  of  a  rank  more  becoming 
the  station  and  the  objects  to  be  accomplished. 

Mr.  BADGER. — I  have  myself  been  unable  to  see  any  necessity 
for  establishing  either  a  chargeship  or  a  full  mission  to  the  Papal 
States.  The  President  is  his  message,  recommends  the  estab- 
lishment of  such  a  mission  for  two  reasons;  first,  on  account  of 
what  he  calls  "recent  interesting  political  events  ;"  and  second, 
because  attention  to  the  commerce  of  the  country  requires  it.  Now, 
with  regard  to  the  latter  view,  for  more  than  seventy  years,  if  we 
have  any  commerce  with  the  Papal  States,  we  have  found  it  ade- 
quately protected  without  having  been  under  the  necessity  of 
establishing  such  a  mission.  Sir,  the  commerce  of  the  United 
States  with  the  Papal  States  must  be  very  small  indeed.  In  fact, 
it  is  so  small  that  it  has  never  been  the  subject  of  distinct  state- 
ment, so  far  as  I  am  aware,  in  any  accounts  that  we  have  had  from 
any  of  the  departments  of  the  government  in  regard  to  our  inter- 
course with  foreign  nations;  and  the  exports  of  the  United  States 
to  the  whole  of  Italy,  inclutling  the  Papal  States  scarcely  amount 
to  one  million  of  dollars  a  year.  We  have  in  the  Papal  States 
three  consuls.  The  probability  is,  that  the  whole  amount  of  the 
comiuercial  intercourse  of  the  United  States  with  these  States 
does  not  amount  to  one  hundred  thousand  dollars  a  year  ;  and  it 
seems  lo  me,  that  so  far  as  the  commercial  interests  of  the  United 
States  arc  concerned,  it  would  be  paying  the  largest  insurance 
that  has  been  known  in  commercial  dealings,  if  we  incur  the  ex- 
pense cither  of  a  full  mission  or  a  chargeship  for  the  purpose  of 
afibrding  some  incidental  benefit  or  protection  to  a  coiuuicrcc  not 
exceeding  one  hundred  thousand  dollars  a  year  already  under  the 
charoe  of  three  American  cunsuls.  It  seems  to  me  very  obvious 
that  this  consideration  has  very  little  weight. 

But  whal  is  the  oilier  reason  assigned  by  the  President  ?  The 
recent  political  events  which  have  taken  place  in  the  Papal  Stales 
under  the  direction  of  the  luesent  Pope.  In  whal  |Hissible  mode, 
I  ask,  do  these  political  events  make  il  necessary  that  we  should 
send  a  minister  to  Rome  ?  How  arc  we  connected  with  tlies» 
political  events  ?  What  influence  is  il  expected  that  our  minister 
can  exercise  over  these  events  or  the  party  connected  with  them; 
or,  in  what  way  will  this  mission,  politically  considered,  be  of 
service  to  this  country  or  to  the  Papal  States  '  What  is  the  char- 
acter of  these  political  evciils  which  are  now  in  progress  at  Roine? 
Nothing  has  taken  place  which  in  the  least  embraces  any  alteration 


March  16.] 


THE  TEN  REGIMENT  BILL. 


351 


in  the  form  of  government  that  has  always  obtained  m  those  States. 
The  present  Pope  is  the  same  absolute  master  of  his  people,  that 
all  his  predecessors  in  tmie  past  have  been.  He  has  suricnderert  nnnc 
of  the  absolute  powers  which  adorn  and  strengthen  the  tiara  whicli 
he  wears  He  has  erected  no  barriers  against  the  abuse  ol  those 
powers  either  by  himself  or  by  his  successors.  He  stands  now  an 
autocrat,  possessed  of  and  exercising  a  supreme  authnrity  over  all 
his  subjects,  who  are  absolutely  dependent  on  him  for  every  privi- 
lege they  enjoy— for  eery  right  which  they  exercise— lor  every  re- 
taxation  which  has  been  extended  to  them  from  the  rigid  seventy 
of  former  days.  He  is  nothing  in  the  world,  in  comparison  with 
his  predecessors,  but  a  good  and  kind  master  of  his  subjects  vvho 
are  emphatically  his  vassals.  He  has  made  no  reform— he  has 
made  no  surrender  of  any  of  the  principles  of  arhitrary  power- 
he  has  not  evinced  any  disposition  to  abridge  the  limits  ol  his  au- 
thority in  the  sli-rhtest  degree.  The  uncontrollable  authority  ol 
that  sceptre  which  he  wields  is  the  same  unquestionable  and  un- 
questioned dominion  which  has  been  exercised  by  his  predecessors. 
Now  sir  what  on  earth  can  induce  us  at  this  time  to  establish 
this  mission  to  the  Papal  States  ?  Do  we  expect  to  sustain  his 
Holiness  in  pursuing  the  course  which  he  has  adopted  ?  Do  we 
intend  to  extend  to  him  our  countenance  and  support?  Why  in 
that  point  of  view,  I  think  it  may  be  seriously  quesioncd  whether 
we  do  not  greatly  over-estimate  the  position  which  we  occupy,  and 
whether  his  Holiness  will  consider  himself  at  all  obliged  by  our 
countenance  and  support.  ,        ^      ,  .      , 

In  what  way,  then,  is  this  mission  to  benefit  this  country? 
There  is  no  commerce  to  be  protected— none  at  least  that  has  not 
always  beenamply  protected  by  the  consols  of  the  United  States  in 
the  Papal  dominions.  There  is  nothing  in  the  world  in  the  present 
political  condition  of  Rome  which  makes  such  a  mission  ot  the 
slirrhtcst  importance  to  us  or  to  her,  considered  in  regard  to  those 
pofitical  relations  which  may  subsist  between  us  and  her  as  two 
independent  States.  Well,  that  being  so,  is  not  the  United  States 
now  commencing  in  the  establishment  of  this  mission,  a  system, 
to  which  we  have  been  heretofore  entire  strangers  ?  Is  not  this 
mission  in  the  view  of  it  which  I  have  presented,  merely  a  reli- 
gious mission  on  the  part  of  the  United  States  to  the  first  Bishop 
of  Europe  ?  Certainly  it  is,  sir.  Although  his  Holiness  is  not  only 
the  first  Bishop— the  universal  head  of  the  Roman  Catholic  Church,. 
but  annexes  to  that  the  character  of  a  secular  prince,  it  must 
always  bo  recollected  that  the  Papal  States  are  but  the  appanage 
attached  to  his  episcopal  see,  for  the  purpose  of  giving  support 
and  dignity  to  his  religious  character  and  ofiicc.  It  is  as  a  spir- 
itual niler  that  he  exercises  his  influence  over  his  dominions. 
As  a  secular  prince,  simply  and  merely,  he  would  be  nobody. 
It  is  his  Holiness  that  governs.  It  is  the  universal  Bishop  of 
the  church  that  rules  in  the  Papal  States.  His  counsellors 
are  the  principal  Bishops,  Priests  and  Deacons  of  Christen- 
dom. His  ministers  are  priests.  His  ambassadors  are  priests. 
The  whole  machinery,  control  and  direction  of  his  government 
stamp  it  as  being  in  every  respect  a  spiritual  dominion.  Now  I 
admit  that  that  consideration  would  furnish  no  reason  why  the 
proposed  mission  should  not  be  established,  if  there  were  any 
great  interests  of  the  people  of  this  country  to  be  protected,  or 
any  great  object  connected  with  their  welfare  to  be  achieved  by  it. 
But  so  far  as  I  am  aware  there  are  no  such  considerations  of  pol- 
icy to  bo  urged  in  this  case.  This  is  simply  the  sending  forth  of 
a  mission  from  the  United  States  to  the  first  Roman  Catholic 
Bishop  of  the  world. 

To  such  a  mission,  sir,  I,  for  one,  am  opposed.  I  wish  for  our 
Roman  Catholic  citizens  of  this  country,  precisely  what  we  all 
enjoy,  the  absolute  and  unqualified  possession  of  all  our  religious 
rights.  They  may  make  themselves  dependent  upon,  or  believe 
tliemsclves  to  be  dependent  upon,  and  to  be  bound  in  spiritual  sub- 
mission to  any  head  of  their  church  they  please,  here  or  elsewhere; 
but  rely  upon  it,  tho  establishment  of  this  mission  will  be  consid- 
ered by  tho  great  Protestant  interests  of  this  country  as  one,  un- 
dertaken for  the  purpose  of  giving  a  new  character  to  that  par- 
ticular church,  of  which  the  sovereign  Pontiff  is  the  head.  It  will 
be  rcarded  as  placing  him  and  his  church  in  this  country  upon  a 
far  different  footing  from  that  which  is  occupied  by  other  religious 
denominations;  and  it  will  be  felt  throughout  the  extent  of  this 
land  that  the  government  of  the  United  States  has  instituted,  in 
reference  to  this  particular  church,  a  procefding  entirely  dissonant 
from  its  past  policy;  and  that  it  has  departed,  in  no  small  degree, 
from  the  principles  of  universal  toleration  and  that  noninterven- 
tion  in  religious  matters  which  the  constitution  has  prescribed. 
When  we  look,  sir,  at  the  small  amount  of  the  commerce  of  the 
United  States  with  the  Papal  States;  when  we  consider  the  ab- 
sence of  everything  like  an  effort  on  the  part  of  his  Holiness  the 
Pope  to  introduce  the  principles  of  free  government  in  the  Papal 
States,  the  idea  will  force  itself  on  tho  minds  of  all,  'hat  were  it 
not  for  the  thousands  of  foreign  Roman  Catholic  voters  in  the  United 
States,  the  efforts  of  his  Holiness  to  ameliorate  the  condition  of  his 
subjects  would  have  met  with  less  sympathy,  and  the  com- 
merce of  the  United  States  with  the  Papal  States  would  have  at- 
tracted less  solicitude  from  the  occupant  of  the  White  House. 

I  cannot  vote,  sir,  either  for  the  full  mission  or  the  chargeship. 
1  regard  the  establishment  of  either  as  involving  a  needless  ex- 
penditure of  money;  and  if  not  fraught  with  mischief,  to  be  at 
best  altogether  useless. 

Mr.  CRITTENDEN.— I  would  just  submit  to  the  gentleman  of 
tho  Committee  on  Foreign  Relations,  whether  it  would  not  seem 
a  little  disparaging  to  the  other  important  and  respectable  powers 
of  Europe  to  whom  diplomatic  agents  of  a  lower  grade  are  sent, 


if  this  amendment  should  prevaU.  Neither  our  political  nor  com- 
mercial relations  with  the  Papal  States  bear  the  least  proportion, 
I  suppose,  to  those  we  sustain  to  Portugal,  Denmark,  Sweden, 
Holland,  ijelgium,  or  Naples,  to  whom  ministers  of  a  lower  grade 
are  now  sent.  Now,  when  arranging  our  diplomatic  agents 
with  those  powers,  including  Austria,  one  of  the  greatest  powers 
of  the  continent  of  Europe,  why  should  we  pass  them  by  with 
ministers  of  the  second  grade,  and  give  one  of  a  higher  grade  to  the 
Papal  Slates? 

Mr.  BENTON. — In  propo.sing  to  substitute  for  a  chargeship  a 
full  mission  to  the  Papal  States.  I  had  not  in  view   the   commerce 
we  mi"ht  have  in  the  Tyber.   Our  commerce  is  not  ranch  greater, 
I  believe,  in  the  Roman  Tyber,  than  it  is  in  our  own  Tyber  !  The 
Senator  from  New  York  [Mr.  DixJ  says  he  has   been   there,  and 
that  our  commerce  there  is  greater  than  that  on   our  own  Tyber, 
and  I  yield  to  his  superior  information  on    the   subject.     But,  sir, 
it  was  not  in  that  point  of  view  that  1  made  the   amendment,  but 
solely  in  a  political  point  of  view.     In  sending    a   minister  of  the 
first  grade  to  that  city,  with  which  grand  recollections  must   for- 
ever be  associated— which  was  once  the  mistress  of  the  world,  and 
has  been  the  head  of  the  Christian  church  lor  a  long  period— I  look 
not  only  to  the   "eternal   city"   itself,  hut  to   the  whole  of   Italy, 
which  is  most  wonderfully  scant  in  dijilomatic  representatives  Irom 
the  United  States.  We  have  a  charge  at  Naples,  and  from  that  point 
we  pass  over  all  that  was  Rome,  atone  period  even  of  her  best  days, 
and  go  intocis-alpine  Gaul,  before  wo  find  another  diplomatic  repre- 
sentative of  the  United  States.   At  the  foot  of  the  Alps  we  have  ano- 
ther charg(5,  and  he  has  just  got  there,  or  is  perhaps  yet  on  the  way. 
I  believe  wo  <!o  to  Turin  before  wc  find  another.     Here  is  a   gap 
from  the  gulf  of  Tarentnni  to  tho  foot  of  the  Alps,  in  which  we  do 
not  find  a  single  diplomatic  representative  of  the   United   States; 
an  extent  of  country  containing  how  many  millions?     It  embraces 
all  Italy,  with  twenty  millions  of  people,  divided,  to  be  sure,  into 
several  powers,  but  without  a  single  diplomatic  agent  of  the  United 
States.     Now,  in  sending  a   minister    to   Rome,  the   head   of    the 
Italian  States,  I  consider  that  we  would  have  a   diplomatic  agent 
who  would  be  in  substance,  if  not  in  form,  a  representative  of  the 
United  States  in  Italy  itself.     It  is  in  that  enlarged  point  of  view 
that  I  have  looked  with  some  degree  of   interest  to   the  establish- 
ment of  this  mission  to  Rome  of  a  minister  of  the  highest  rank.    It 
is  certain  that  the  political  movements  alluded  to  in  the  President's 
message,  are  not  confined  to  the  city  of   Rome,   and   it    is,   in   my 
opinion,  eminently  expedient  and  proper  that  a  lull    mission  should 
be  established.      Having   thus  expressed   the  views   by   which   1 
have  been  influenced  in  offering  tho  amendment,  I  leave  it  with  the 
Senate. 

Mr.  CASS. — As  the  morning  hour  has  expired,  I  trust  that  this 
bill  will  bo  passed  over  informally,  and  the  ten  regiment  bill  will 
bo  taken  up. 

The  bill  was  then  passed  over  informally. 

THE    TEN    REGIMENT    BILL. 

The  Senate  resumed  the  consideration  of  the  bill  making  provi- 
sion for  an  addition  to  tho  regiSar  military  force. 

Mr.  CALHOUN. — After  a  very  careful  examination,  I  have  not 
been  able  to  find  a  sin(;lc    argument,  which,  in  my  opinion,  would 
justify  the  passage   ol  this  bill,  at   this  time,  and    under  existing 
circumstances.     1  cannot  but  feel  that   those  who  have  come  to  a 
different  conclusion,  have   overlooked  the   actual  condition  of  the 
Mexican  government,  and   of  the  people  of  Mexico,  in  supposing 
that  this  bill  was   necessary  either  to  intimidate,  or  to  coerce  that 
government  into  a  ratification  of  the  treaty    recently    acted  upon 
here.     If  that  government  were  strong  and  vigorous,  if  the  people 
of  Mexico  were  united  in  resistance  to  us,  and  capable  of  sustain- 
ing a  war  in  the  event  that  the    treaty  shall  not  be  ratified,  there 
might  be  strong  reasons  for  passing  this  bill.     But  such  is  not  the 
case.  On  the  contrary,  the  very  opposite  is.    The  government  itself 
is   little  more  than  a  shadow,  without   an  army  and  without  reve- 
nue; the  people  in  a  state  of  distraction,  with  a  large  and  power- 
hil  party  in  opposition   to  the  government,  and    for  a  continuance 
of  the  war,  not  in  hostility  to  us,  but  in  hostility  to  their  own  gov- 
ernment, which  they  desire  should  be  overthrown.     The  govern- 
ment itself  exists  by  our   forbearance,  and  under  our  countcnauce; 
they  have  been  induced  to  treat  with   us  from   the  dread  of  their, 
annihilation,  and  we  to  treat  with  them  from  the  same  considera- 
tion.    For,  strange  as  it  may  appear,  the  very  motive  that  induced 
Mexico  to  treat  with  us,  induced  us  to  treat  with  her.     She  dread- 
ed her   annihilation,   and  so   did  we.     It  is    difficult  to   say  which 
would  be  subjected  to  the  greatest  evil  in  conseipience  of  such  an- 
nihilation.    The   danger  is,  not  that   the  Mexican  government,  in 
the  event  of  the   rejection  of  the  treaty,  would    be  able    to  resist, 
but  it  is,  that  it  may  perish  before  she  can  ratify  it.     But,  if  I  am 
mistaken  in  all  this,  one  thing  is  clear,  without  these  ten  additional 
regiments,  we  have   the    means  of  intimidating   or  coercing  that 
government  to  any  extent  we  please;  a  single  brigade  may  annihi- 
late it.     But  even  if  we  should  chose  to  avoid  this,  we  hold  another 
power  in  our  hands,  that  is  ample  to  induce  her  to  ratify  the  treaty, 
provided  there  be   any  hesitation  on   her  part.     We  would  in  that 
case,  have  but  to  tell    her  that  we  will  adopt  the  boundary  agreed 
upon  in  the  treaty,  and  thus  save  ourselves  the  vast  sum  ol  twenty 
millions  of  dollars,  which  rumor  states  that  we  are  to  give  for  tho 
ceded  territory.     This  consideration  alone  is  sufficient,  provided  the 
Mexican  government  can  maintain  itself  until  she  shall  have  acted 
upon  this  treaty,  with  tho   amendments  that  may  have  been  made 
to  it  by  this  body. 


352 


THE  TEN  REGIMENT  BILL. 


[Thursday, 


In  this  view  of  the  subject,  I  regard  the  passage  of  this  bill,  if 
it  be  intended  either  for  the  purpose  of  intimidation  or  of  coercion, 
to  be  entirely  useless — 'an  unmeaning  bravado.  But  if  it  were 
merely  useless,  as  much  as  I  may  be  averse  to  it,  my  aversion 
would  not  be  near  so  great  as  it  now  is.  It  is  worse  than  useless  ; 
it  is  mischievous,  and  will  prove  mischievous  both  here  and  there. 
Mischievous  here,  for  if  this  body,  conversant  with  all  the  secret 
proeeeiiings  in  reference  to  (he  treaty,  and  supposed  by  the  coun- 
try to  he  fully  informed  of  every  thing  in  relation  to  the  subject, 
should  pass  the  bill  now  before  it,  it  will  be  received  by  the  public  as 
an  apprehension  on  our  part,  that  there  is  great  danger  that  the 
treaty  will  not  be  ratilied,  and  the  elleet  upon  our  commerce,  and 
upon  the  money  interest  of  the  country  will  he  highly  injurious.  It 
will  be  mischievous  there,  for  the  real  danger  that  the  IVIexican  go- 
vei  nraent  has  to  fear,  is  this:  there  is  a  large  party  in  Mexico  called 
Puros,  which  is  unwilling  to  .see  a  peace  concluded  between  the  Mex- 
ican government  and  this  country  ;  unwilling,  not  because  they  arc 
our  friends  or  enemies,  but  simply  for  the  reason  that  they  wish  to 
see  that  government  annihilated,  and  the  power  placed  in  their  hands. 
No  w  if  the  impression  produced  there  by  the  passage  of  thi.s  bill  should 
be,  that  there  is  danger  that  the  treaty  will  not  be  ratified,  it  will 
arouse  and  animate  that  party  to  double  exertion  m  order  to  fulfil 
their  object 

Hut  1  consider  it  not  only  useless,  not  only  mischievous  in  the 
light  which  1  have  iridieatcd.  but  it  will  be  a  costly  bravado.  I 
lake  i'l  for  granted  that  the  honorable  chairman  of  the  Committee 
on  Military  Affairs  does  not  intend  simply  that  this  bill  shall  pass 
this  bodv — that  would  be  unworthy  of  his  character — he  then  ex- 
pects that  it  will  also  pass  the  other  branch  of  Congress  and  be- 
come a  law,  and  that  the  force  will  be  raised  and  be  employed,  if 
the  treaty  should  fail,  in  carrying  on  the  war  with  Mexico.  Well, 
if  the  bill  passes — and  I  must  consider  it  in  that  light — in  that 
case,  what  will  be  the  result  ?  There  will  be  no  difficulty  in  f^et- 
lin^  oliiccrs  and  men;  they  will  have  no  apprehensions  of  going 
to  Mexico  or  fighting  future  battles  ;  the  enlistment  will  turn  out 
to  be  a  money  speculation  ;  each  recruit  will  receive  for  his  enlist- 
ment, his  bounty  in  land  amounting  to  160  acres,  his  bounty 
in  money  ecpial  to  twelve  dollars,  the  usual  issue  of  clothing 
amounting  at  the  present  price  to  about  twenty  one  dollars.  Esti- 
mating the  bounty  in  land  at  one  dollar  and  a  ijuartcr  an  acre,  it 
would  make  the  whole  $2,000,000.  These  items  alone  would  be 
ctjual  to  two  millions,  three  or  four  hundred  thousand  dollars. — ■ 
Add  to  this,  the  pay  and  emoluments  of  the  officers,  the  pay  to  the 
soldiers,  and  the  expense  for  subsistence,  and  that  for  recruiting 
the  whole  service,  will  be  found  to  be  not  less  than  three  millions 
of  dollars,  to  which  the  passage  of  the  bill  would  subject  the  go- 
vernment. To  this  must  be  added  the  vast  patronage  which  the 
ap[iointment  of  five  hundred  officers,  and  this  great  additional  expen- 
diture woiild  confer  on  the  President,  and  that  too,  on  the  very  eve 
of  a  Presidential  election,  when  the  patronage  of  the  government  is 
brought  into  the  highest  degree  of  activity.  Such  increase  of  pa- 
tronage is  a  great  evil,  as  every  man  of  every  paity  will  readily 
acknowledge,  if  he  would  candidly  express  his  sentiments;  for,  if 
there  is  anything  on  which  all  are  agreed,  it  is  that  Executive  pa- 
tronage is  already  enormous,  and  ought  not  to  be  increased. 

Now,  I  submit  to  my  friends  on  this  side  of  the  chamber,  who 
have  indicated  a  disposition  to  pass  this  bill,  whether  they  are  will- 
inu  to  incur  this  heavy  cost,  and  subject  the  country  to  this  great 
evil  by  passing  this  bill,  which  1  have  shown  to  be  a  useless  biava- 
do,  unbecoming  a  great  and  magnanimous  people. 

But  I  not  only  object  to  the  passage  of  the  bill  at  this  time  and 
under  existing  circumstances,  but  I  take  higher  ground.  I  am  op- 
posed to  the  hill  under  all  circumstances.  I  would  have  voted 
against  it  if  a  treaty  had  not  been  made,  and  for  reasons  that,  to 
myself,  are  conclusive,  and  which  I  will  now  proceed  to  state. 

.Sir,  we  all  know  the  origin  of  this  bill  ;  it  was  reported  early 
in  the  session  and  originated  in  the  message  of  the  President  re- 
commending a  vigorous  prosecution  of  the  war;  and  its  leading 
and  main  object  was  to  carry  that  recommendation  into  effect.  If, 
then,  we  pass  this  bill  we  give,  according  to  my  humble  concep- 
tion, a  ]dcdge  to  the  Executive  and  to  the  country,  that  if  the 
treaty  fails  we  will  resort  to  a  vigorous  prosecution  of  the  war.  I, 
for  one,  am  uuvi'illing  to  give  this  pledge;  unwilling,  because  I 
think  it  ought  not  to  be  given,  and  unwilling,  because,  if  given,  I 
am  of  impression  it  never  will  be  retleemed. 
»  It  ought  not  to  be  given,  for  reasons  which  I  have  assigned 
fully  on  a  former  occasion,  and  which  1  shall  only  briclly  repeat  on 
this.  A  vigorous  prosecution  of  the  war  would  he  the  annihilalion 
of  the  Mexican  government,  leaving  no  governinent  with  whom  to 
treat.  The  effci:t  of  that  would  be  the  entire  subjugation  of  the 
country,  throwing  upon  us  one  of  two  alternatives,  either  to  create 
a  government  by  oiir  own  authority  with  which  to  treat — and  this 
1  trust  no  one  who  (Inly  appreciates  the  true  principles  of  our  sys- 
tem of  governiiieni  will  ever  adopt — ^or  lo  hold  it  iiinler  our  sub|u- 
palion  as  a  eonc|iicriMt  couiiuy,  to  be  governed  as  jirovinces,  or  to 
be  incoritoratcd  into  the   Union. 

Now,  as  I  amulterly  opposed  to  this,  for  reasons  which  I  stated 
at  large  on  the  <H-casinn  rcburt^d  to,  and  which  it  is  not  neecs.sary 
here  to  repeat,  l,for  one.  cannot  give  this  pledge.  Nor  can  I  give 
it,  because  I  have  not  the  least  expectation  that  it  would  ever  be 
redeemed.  The  sentiment  of  the  whole  counuy  is  remarkably 
changed  in  reference  to  the  war.  There  was  at  that  time  a  large 
party  in  the  country  wlit)  were  in  favor  of  taking  the  whole  of  Mex- 
ico. I  have  but  to  appeal  to  the  proceedings  of  piiiilii^  meetings, 
and  lo  declarations  repeatedly  made  in  tiic  public  journals,  lo 
prove  this.     But  that  sonlimenl  is  changed,  and  why  is  it  changed; 


Because  the  people  were  not  aware,  at  that  time,  of  what  would 
be  the  consequence  of  a  vigorous  prosecution  of  the  war.  It  was 
an  appeal  to  their  manly  pride.  But  as  soon  as  they  saw  the  con- 
sequences— that  the  result  would  be  as  I  have  stated,  they  drew 
back,  and  put  the  seal  of  their  reprobation  upon  it,  not  only  for 
the  present,  but.  I  trust,  forever.  With  this  strong  disapprobation 
of  the  war  on  the  part  of  the  people,  it  would  be  an  idle  dream 
to  suppose  that  in  the  event  of  a  failure  of  the  treaty,  this  war 
would   ever  be  renewed  to  be  carried  on  vigorously. 

But,  it  may  be  asked,  what  .shall  be  doniT?  My  answer  is  plain 
and  simple.  Only  one  thing  can  bo  done.  To  fall  back  and  take 
the  line  of  the  treaty,  to  tell  the  Mexican  people  that  we  intend 
to  hidd  11,  that  we  arc  satisfied  if  they  are.  Nor  can  it  be  objected 
that  it  costs  more,  for  it  would  take  fully  as  large  an  army,  and  at 
as  great  a  cost  to  protect  Mexico  under  the  treaty  against  the 
Indians  falling  on  our  side  of  the  line  under  the  treaty,  as  to  pro- 
tect ourselves  against  the  Mexicans  by  assuming  the  line  without 
the  treaty,  not  to  take  into  estimate  the  twenty  millions  of  dollars 
which  would  be  saved  by  adopting  the  latter. 

The  whole  affair  is  in  our  own  hands,  whether  the  treaty  fails 
or  not,  we  still  have  the  complete  control  if  we  act  with  wisdom  and 
firmness,  and  avoid  what  I  detest  above  all  things,  a  system  of  men- 
ace or  bravado,  in  the  management  of  our  negotiation.  I  had  hoped 
that  that  system  had  been  abandoned  forever.  It  nearly  involved  us 
in  a  war  with  England  about  Oregon.  It  was  only  prevented  by  the 
wisdom  and  firmness  of  this  body.  It  was  resorted  to  in  our  ne<To- 
tiations  with  Mexico,  and  the  march  of  the  army  under  General 
Taylor  to  the  Rio  Grande,  was  but  intended  lo  su.stain  it.  Unfor- 
tunately, the  circumstances  prevented  the  Senate  from  interposin" 
as  in  the  case  of  Oregon,  and  this  war  was  the  consequence. 

But.  Mr.  President,  the  vigorous  prosecution  of  the  w.ar,  is  not 
the  only  object  of  this  bill.  It  is  the  primary,  the  principal  one. 
But  there  is  another  one — secondary  it  is  true;  though  not  much 
less  important.  This  bill  was  intended  in  part,  to  carry  into  exe- 
cution a  system  of  imposts  and  taxes,  which  the  President  of  the 
United  States  had  imposed  npon  Mexico.  The  army,  including  the 
force  to  be  raised  by  this  bill,  was  intended  to  be  used  for  collect- 
ing the  duties  and  imposts;  for  that  purpose  it  was  to  be  spread 
all  over  Mexico,  as  has  been  officially  announced. 

Now,  I  hold  that  we  cannot  pass  this  bill  without  sanctioning 
the  act  of  the  President  m  this  respect,  and  that,  I  for  one,  never 
can  do,  because  I  am  under  a  deep  conviction  that  the  President 
has  no  right  whatever,  to  impose  taxes  internal  cu-  external,  on  the 
people  of  Mexico.  It  is  an  act  without  the  authority  of  the  constitu- 
tion or  law,  and  eminently  dangerous  to  the  country.  Thus  think- 
ing, that  neither  the  constitution  nor  law  gives  hira  any  such  au- 
thority, I  would  not  be  true  to  my  trust,  if  I  were  to  vote  for 
the  bill.  I  would  have  been  glad  to  have  avoided  it,  at  the  pres- 
ent time.  My  friends  around  me  know  that  I  was  anxious  that 
this  bill  should  not  be  pressed  upon  us  now,  not  that  I  desired 
to  shun  the  responsibility  o(  the  expression  of  my  opinions,  but 
because  I  preferred  postponing  it  until  after  the  treaty  was  ra- 
tified, and  when  there  could  be  no  cry  of  giving  aitf-sBd  comfort  lo 
the  enemy.  But  it  is  forced  upon  me,  and  if  there  be  any  respon- 
sibility in  expressing  my  opinion  at  this  time,  it  ought  ol  right  to 
fall,  not  on  mo,  but  upon  those  who,  without  any  necessity,  have 
forced  this  bill  upon  us. 

But  to  return  to  the  thread  ol  the  argument.  I  ask,  where  can 
the  President  find  the  authority  for  imposing  these  taxes?  Can  it 
be  found  in  your  constitution  ?  If  so,  point  it  out.  Can  it  be  found 
in  your  law  ?  If  so,  point  it  out.  No  such  authority  is  to  be  found 
in  either.  But  it  may  be  said  it  is  comprehended  under  the  implied 
powers  of  the  Executive — that  is,  the  powers  necessary  and  pro- 
per to  carry  out  those  expressly  delegated  to  him.  If  so,  point  out 
the  power  which  it  is  intended  to  carry  into  execution.  But  let  rue 
say  to  gentlemen  in  advance,  if  you  do  this  you  will  not  remove 
the  dilliculty.  If  you  should  succeed  in  showing  that  it  is  an  im- 
plied power,  which  I  hold  to  be  impossible,  you  must  still  point  out 
an  act  of  Congress  to  authorize  its  exercise.  The  framcrs  of  the 
constitution,  in  their  great  sagacity,  have  taken  care  to  insert  a  provi- 
sion in  the  constitution  investing  Congress  amply  with  the  power  lo 
pass  all  laws  necessary  and  proper  to  carry  into  execution,  not 
only  its  own  powers,  but  those  vested  in  any  department  or  oflicc 
of  the  government.  I  refer  to  what  is  usually  called  the  residu- 
ary clause  which  provides  ''that  Congress  shall  have  ])owcr  to  pass 
all  laws  necessary  and  proper  to  cany  into  execution  the  forego- 
ing powers,  (that  is,  powers  invested  in  Congress,)  or  powers 
vested  in  any  of  the  departments  ov  olTiccs  of  the  government.'' — 
Then,  if  it  is  an  implied  power,  it  bcccunes  a  Congressional  pow- 
er by  this  express  ))rovision,  and  must  have  the  sanction  of  Con- 
gress  for  carrying  it  inio  cll'cct. 

But  it  may  be  said  that  the  President  is  commandor-inehicf  of 
the  army  in  Mexico,  and  thai  it  is  an  essential  part  of  the  jiowcr 
of  the  ciMninanilcr-iu-cliief  to  impose  a  system  of  taxation  in  the 
enemy's  country.  If,  indeed,  it  be  an  essential  jiarl  of  the  power, 
it  Ciumot  be  separated  from  it  without  <lestroyiiig  the  power  itself, 
and  it  must  of  cour.se  belong  to  him  as  commander-in-chief  In  the 
Uniled  Slates,  as  well  as  in  Mexico,  or  in  any  other  conipiered  coun- 
trv.  But  it  isiiianifexl  that  il  cunnol  e.\ist  within  the  limits  of  the  Uni- 
ted Slates,  because  the  constitution  expressly  invests  the  .same,  not 
in  the  President ,  but  in  Congress.  But  to  this  it  uiiiy  be  said,  ihero 
is  a  distinction  between  exercising  the  power  in  the  United  Stales, 
anil  exercising  il  in  Mexico,  or  any  other  place  beyond  the  bound- 
ary of  the  United  States,  where  mir  army  may  bo  op«rating.  To 
this  I  answer  by  asking,  why  so  ?  What  makes  the  distinction  ? 
What  possible  reason  can  bo  assigned  why  the  power  may  bo  ex- 


March  1G.] 


THE  TEN  REGIMENT  BILL.  1 


35c 


erciscd    in   the   one  a.ni  not   the  other  ?     Who  can  answer  these 
questions  ? 

But  if  it  is  the  case,  if  the  President  can  exorcise  in  Mexico  a 
power  expressly  given  to  Congress,  which  lie  cannot  exercise  in 
the  United  States,  I  would  ask  where  is  the  limit  to  his  power  in 
Mexico?  Has  he  also  the  power  t>(  making  approjiriations  of 
money  collected  in  Mexico  without  the  sanction  of  Congress; 
this  he  has  already  done — has  he  the  power  to  ajiply  the 
money  to  whatever  purpose  he  may  think  proper,  and  among 
others  to  raise  a  military  force  in  Mexico  without  the  sanction  of 
Congress?  That  also  ho  has  already  done.  But  if  there  be  no 
limitation,  then  his  powers  are  absolute  and  despotic  in  Mexico, 
and  he  stands  in  the  two-fold  character  of  the  constitu- 
tional President  tif  the  United  States,  and  the  absolute 
and  despotic  ruler  of  Mexico.  To  what  must  this  conclusion 
lead  ?  What  may  he  not  do  ?  He  may  lay  taxes  at  his 
pleasure  cither  as  to  kind  or  amount  ;  he  may  establish  the 
rules  and  regulations  for  their  collection  ;  he  may  dispose  of  them 
without  passing  the  proceeds  into  the  treasury  to  any  oliject  or 
lor  any  purpose  ho  may  think  proper,  and  is  not  lialde  or  responsi- 
ble to  Congress,  or  any  other  authority  in  any  respect 
whatever  in  doing  all  this.  He  may,  of  course,  raise  armies, 
and  pay  them  out  of  the  proceeds  of  the  taxes;  he  may  wage 
war  against  the  neighboring  countries  to  the  south  of  him  at 
his  pleasure,  and  extend  his  authority  by  force  of  arms,  to  what- 
ever extent  ho  may  desire;  or  he  may  equip  a  fleet  and  assail  tlie 
islands  of  the  South  Sea;  or  he  may  direct  it  against  Japan,  or 
any  other  country  he  may  think  proper.  Nay,  farther;  he  may 
turn  his  army  against  his  own  country,  and  make  it  the  instrument 
of  its  subjugation.  Against  all  this  there  is  no  remedy,  and  can 
be  none,  if  he  has  the  power  which  must  necessarily  result  from 
the  principles  which  would  invest  him  with  the  power  of  laying 
taxes. 

But,  it  may  be  asked,  what  are  the  limitations  upon  his  power 
as  commander-in-chief?  The  answer  is  an  easy  one.  His  power 
is  to  command  the  army.  Let  us  put  a  true  value  upon  words. 
To  command  in  chief,  is  to  have  the  supreme  control  in  conducting 
and  directing  the  army  in  its  military  operations.  Such  is  its  pow- 
er, and  only  power.  It  is  a  restricted  one,  of  which  the  constitutional 
legislation  of  the  country  furnishes  many  evidences.  The  very  act 
which  recognizes  war  with  Mexico  vests  him  with  the  power 
of  using  the  army  and  navy  for  its  prosecution,  clearly  indica- 
ting that  the  power  of  using  them  for  that  purpose  recpiired  the 
authority  of  law.  If  we  look  back  into  all  the  declarations 
which  have  been  made  by  this  government,  we  shall  find  that  they 
all,  in  like  manner,  confer  the  same  power  on  the  President.  Be- 
sides, if  wo  turn  to  the  laws  in  reference  to  suppressing  insurrec- 
tions, it  will  be  found  that  they  expressly  authorize  the  President 
to  use  the  militia  and  the  army  for  the  purpose — showing,  in  like 
manner,  the  prevailing  opinion  heretofore  that  the  sanction  of  law 
was  neccssarjr  to  use  a  military  force  for  this  purpose  as  well  as 
for  eairying  into  cirect  a  declaration  of  war.  Such  also  is  the  case 
in  reference  to  repelling  invasion.  If  there  be  any  power  which 
one  would  suppose  would  belong  to  the  President  as  commander-in- 
chief,  it  would  be  that  of  establishing  rules  and  regulations  for  the  go- 
vernment of  tlie  army  ;  but  if  we  turn  to  the  constitution,  we  shall 
find  even  that  powef  is  conferred  by  express  provision  upon  Con- 
gress:  all  going  to  show  within  what  narrow  limits  the  constitu- 
tion and  the  laws  restrict  the  power  of  the  President. 

But  it  may  be  asked,  has  the  conipieror  no  power  to  impose  taxes 
upon  a  conquered  country?  Yes,  he  certainly  has.  When  an  ar- 
my invades  a  country  and  subdues  it,  in  whole  or  in  part,  the  con- 
ipieror has  a  right  to  impose  taxes  and  collect  them.  But  the 
question  occurs  under  our  system  of  governiiient;  who  is  the  con- 
queror? I  answer,  the  people  of  the  United  States  are  the  con- 
querors. It  is  they  who  have  conquered  Mexico;  not  the  Presi- 
dent, not  the  generals,  not  the  army.  They  are  but  the  instru- 
ments by  which  the  conquest  has  been  effected.  And  it  is  the 
people  of  the  United  States  that  have  the  right  to  impose  taxes. 
But  who  represents  the  United  Stales — who  is  their  organ  through 
which  they  act?  I  answer,  this  government,  the  federal  govern- 
ment, consisting  of  the  Executive,  the  legislative,  and  the  judiciary 
departments.  The  question  then  is,  to  what  extent  the  Presi- 
dent represents  exclusively  the  United  States  in  the  conquered 
country?  The  answer  is,  lo  no  other  extend  than  as  eommandcr- 
in-ehicf;  in  all  other  respects  almost  Congress  is  the  sole  repre- 
sentative, and  to  them  especially  belongs,  by  express  delegation, 
the  power  of  laying  and  collecting  taxes,  and  of  appropriating 
them  to  such  objects  as  the  constitution  warrants,  unrestricted, 
extending  as  far  as  the  United  States'  authority  extends,  without 
restriction  or  distinction.  Now,  whenever  a  country  is  conquered, 
even  in  part,  and  held  by  the  conquering  power,  the  sovereignty  of 
the  country  thus  held  is  for  the  time  suspended,  and  tliat  of  the 
conquering  substituted  in  its  place;  and,  of  course,  in  our  case  the 
authority  of  the  government  in  its  departnientt  attaches  to  it  as  if 
ft  was  a  part  of  the  United  States  •  itself,  each  in  its  appropriate 
sphere.  The  opposite  doctrine  which  would  make  the  Executive 
the  sole  and  exclusive  power,  in  such  portions  of  the  country,  is 
entirely  destitute  of  authority,  and  would  lead  to  all  the  most  dan- 
gerous and  monstrous  consequences  which  have  been  traced  out. 
AH  liiis  is  so  clear  that  it  is  surprising  that  it  has  been  overlooked 
or  that  there  should  be  any  division  or  diversity  of  sentiment  in  re- 
ference to  it. 

The  taxes  which  are  the  subject  of  these  remarks,  were  im- 
posed by  the  President  in  the  interval  between  this  and  the  prece- 
ding session  of  Congress,   and   this  is  the  first  opportunity  1  have 

30th  Cong. — Isr  Session — No  45. 


had  to  express  my  opinion  in  reference  to  the  authority  by  which 
they  were  laid.  And  I  avail  myself  of  this  occasion  to  piit  in  my 
solemn  protest  against  the  power.  If  it  should  become  a  prece- 
dent hereafter,  it,  in  connection  with  the  authority  which  the  Pre- 
sident has  assumed  in  making  this  war,  would  lead  to  the  estab- 
lishment of  a  fatal  error  m  reference  lo  the  power  of  this  govern- 
ment as  it  relates  to  war.  It  will  to  that  extent,  elevate  the  power 
of  the  Executive  in  practice  as  far  above  the  legislative  as  th«  latter 
is  elevated  above  the  former  by  the  constitution,  and  lead,  almost 
necessarily  in  the  end,  to  establish  despotic  authority  in  ihe  Execu- 
tive branch  of  the  governineni .  It  must  be  borne  in  mind  that  we 
arc  a  warlike  people,  rapidly  increasing  in  number  and  population, 
well  fed,  well  clothed,  and  having  an  atmndaiiec  of  Ici.'^ure. 
Like  all  such  people  we  seek  excitement,  and  i here  is  no  des- 
cription of  excitement  more  enticing  to  the  young  and  ardent  than* 
W!.r.  It  is  dinieult  to  jirevent  such  a  people  irom  rushing  into 
war,  and  if  wars  should  frequently  hereafter  occur  in  consequence, 
and  the  precedents  set  by  this  be  not  reversed,  nothing  can  prevent 
the  Executive  power  from  overshadowing  the  eonstiiuti<in  and  the 
liberties  of  the  country.  We  now  have  an  opporlunily  lo  reverse 
that  precedent  by  giving  a  strong  and  decided  vote  against  the 
passage  of  this  bill. 

It  may  be  proper  for  me  lo  remark  in  conclusion,  that  I  am 
aware  that  there  are  some  doubtful  ipicstions  as  to  the  e.xaet  ex- 
tent of  the  power  of  the  President  as  eomniander-in-chief  ol  the 
army  of  the  United  Stales,  and  particularly  that  of  making  requi- 
sitions and  establishing  temporary  governments,  such  as  have  been 
established  in  New  Mexico,  and  California.  I  will  not  now  enter 
upon  the  investigation,  but  my  impression  is,  in  ease  of  making  re- 
iiuisitions  over  the  portion  of  the  country  in  which  the  authority 
of  the  United  States  is  even  temporarily  established,  or  erecting 
temporary  governments  in  such  portions  of  the  conquered  country, 
the  President  has  acted  without  authority  of  law  or  the  constitution. 
In  coming  to  this  conclusion,  I  am  wilhng  to  allow  to  the  President, 
as  commander-in-chief,  many  and  great  powers;  but  they  are  such 
as  arise  out  of  exigencies  immediately  connected  with  the  opera- 
lion  of  the  army  or  its  safety.  Among  them  I  include  the  power 
of  seizing  upon  supplies  of  all  descriptions  when  they  become  in- 
dispensable to  the  u.se  of  the  army,  or  to  batter  down  towns,  and 
to  remove  all  obstacles,  when  necessary,  for  his  security  or  success. 
But  when  he  comes  to  act  over  portions  of  the  territory  subject  to  our 
control,  he  exercises  power  not  belonging  to  him.  Bui  lo  the  legis- 
lative department  of  the  government.  Congress  may  indeed  give 
him  authority  liy  law,  to  levy  contribuiions  or  to  establish  tempo- 
rary governments.  But  it  is  one  thing  to  exercise  it  on  his  own 
authority,  and  another  to  exercise  it  under  authority  of  law.  By 
llic  one  he  is  placed  under  the  control  of  law,  while  by  the  other, 
he  places  himself  above  the  control  of  law. 

I  have  now  expressed  my  opinion.  In  all  I  have  si^id,  I  trust  I 
have  put  myself  above  parly  feeling  or  personal  considerations.  I 
am  actuated  by  the  single  motive  to  contribute  lo  correct  the 
errors  of  a  political  character  which  have  been  committed  in  the 
origin  and  the  prosecution  of  the  war,  and  to  guard,  as  far  as  in 
my  power,  against  the  dangerous  precedents  which  they  werecal. 
culatcd  to  establish  if  not  noticed  or  exposed. 

Mr.  JOHNSON,  of  Georgia. — I  desire  lii  express  my  views  on 
this  bill,  but,  I  presume,  that  at  this  advanced  stage  of  the  day  the 
Senate  can  hardly  be  expected  to  have  patience  to  listen  lo  the 
discussion,  and  I  am  not  disposed  to  trespass  ujioii  them,  unless  it 
is  understood  that  the  vote  is  to  be  taken  to-day. 

Mr.  CALHOUN. — I  hope  that  the  bill  will  bo  passed  over  in- 
formally in  order  to  allow  the  gentleman  from  Georgia  an  oppor- 
tunity t>f  expressing  his  views. 

Mr.  BERRIEN. — I  would  suggest  that  the  wishes  of  my  col- 
league might  be  gratified  by  the  Senate  pa.ssing  this  bill  inform- 
ally oyer,  and  resuming  the  consideration  of  that  bill  which  was 
laid  aside  on  the  expiration  of  the  morning  hour. 

Mr.  CASS. — I  am  extremely  anxious  lo  meet  the  wishes  of  the 
Senator  from  Georgia,  but  really  I  am  opposed  to  relapsing  into 
the  former  mode  ol  discussion  by  one  speech  each  day. 

Mr,  BERRIEN.— I  do  not  think  that  there  is  .any  danger  of  the 
result  apprehended  by  the  honorable  Chairman  of  llnrBIilitary 
Committee.  I  believe  all  parties  will  concur  in  deprecatina  that; 
but  there  is  a  very  important  bill— the  bill  supplying  deficTencics 
in  the  appropriations  for  the  current  fiscal  year— which  awaits  our 
action.  I  hope  that  by  the  general  assent  of  the  Senate  the  wishes 
of  my  colleague  may  ho  gratified,  and  that  this  bill  will  be  laid 
aside  informally  in  order  that  the  consideration  of  that  one  to  which 
I  have  just  alluded  may  be  resumed. 

Mr.  ATHERTON.— This  bUl  has  already  been  a  very  lono- 
lime  before  the  Senate,  and  it  is  certainly  important  that  it  shoulS 
bo  acted  upon  in  order  that  the  bill  to  which  the  honorable  Senator 
alludes,  and  others  may  be  taken  up  and  disposed  of. 

Mr.  FOOTE— Allow  me  lo  suggest  that  my  honorable  friend 
from  Georgia  will  now  px-oeeed. 

Mr.  JOHNSON  then  addressed  the  Senate  at  length  on  th» 
question  of  the  war,  and  in  support  of  the  bill.  A  full  report  of 
his  remarks  is  given  in  the  Appendix. 

Mr.  BERRIEN  then  moved  that  the  Senate  adjourn. 

Mr.  CASS. — WUl  the  gentleman  withdraw  his  motion  for  a 
moment?     I  do  hope  that  the  Senate  will  terminate  this  discussion 


354 

1  "to-monow.     If  not  I  must  be  constraiiieU  to  vote  against  the  a<l- 
•  journraont. 

Several    SE^fATOBS  assented   to  the  informal    underslandini; 
'  that  the  discussion  on  the  bill  should  terminate  to-morrow. 

Mr.  BRADBURY  said  he  hoped  that  a  motion  would  be  madr 
for  the  reconsideration  of  a  bill  wliich  involved  a  large  amount  ol 
money,  and  although  in  one  seelion  of  it  a  provision  was  niaile 
which  to  a  very  considerable  extent  met  his  approval,  yet  ihere 
■was  a  principle  involved  in  the  second  section,  the  adoptioncil 
■which  he  would  regard  as  very  ilangerous — a  principle  which 
■would  in  this  single  act  take  from  the  treasury  nearly  a  i|uarter  ol 
a  million  of  dollars,  and  which  in  its  final  operation  wcmld  be  broad 
■  enough  to  bankrupt  the  treasury  of  any  government  that  was  ever 
'  created.  It  virtuallv  assinncd  that  when  we  have  existing  claims 
against  a  foreign  government  —^— 


THE  TEN  REGIMENT  BILL. 


[Tbursday, 


Mr.  CASS.— Will  the  honorable  Senator  excuse  me?  What  is 
the  question? 

Mr.  FOOTE. — It  is  on  the  passage  of  the  ten  regiment  bill. 

Mr.  BRADBURY. — I  desire  simply  to  move  a  reconsideration 
of  ihc  bill.     It  passed  without  a  division. 

Mr.  WEBSTER. — I  am  sure  that  the  Senate  desires  to  seethe 
■Senator  accommodated.  All  that  is  necessary  tn  be  done  is  that 
the  Senate,  by  general  consent,  allow  him  to  make  amotion  to  re- 
consider ihc  bUI;  and  the  then  Senate  will  be  in  possession  of  the 
motion  of  the  Senator  from  Georgia,  to  adjourn. 

By  general  consent  the  motion  of  the  Senator  from  Maine  was 
then  considered  and  agreed  to;  and  then, 

On  motion, 

The  Senate  adjourned. 


.ui>   'i/i — Aviiird-i  T»l — .iiifiuj  IIWK 


March  17.] 


THE  TEN  REGIMENT  BILL. 


355 


FRIDAY,  MARCH  17,  1848. 


PETITION. 

Oil  motion  by  Mr.  MANGUM,  it  was 
Ordered,  That  the  memorial  of  John  Hogan,  on  tlie  files  of  the 
Senate,  he  reforreU  to  the  Committee  on  Foreign  Kelalions. 

PRIVATE    BILLS. 

Mr.  JOHNSON,  of  La.,  from  the  Committee  on  Pensions,  to 
whom  was  referred  the  hill  from  the  House  of  Representative.s  (or 
the  relief  of  Sarah  Stokes,  widow  of  John  Stokes,  reported  it 
without  amendment. 

Mr.  MASON,  from  the  Committee  of  Claims,  to  whom  was 
referred  the  petition  of  Charles  M.  Gibson,  submitted  a  report  ac- 
oompanied  by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

NOTICE   OF   A   BILL. 

Mr.  BADGER  gave  notice  that  on  to-morrow,  or  at  an  early 
day,  he  would  ask  leave  of  the  Senate  to  introduce  a  bill  in  rela- 
tion'to  the  true  intent  and  meaning  of  the  acts  authorizing  the  ex- 
ercise of  the  franking  privilege. 

AFFAinS   IN    CALIFORNIA. 

The  Senate  proceeiled  to  consider  the  following  resolution,  sub- 
mitted yesterday  by  Mr.  Clarke: 

Krsolited  Tlint  the  rrosi.lenl  of  the  United  Slates  l,erei|nwtpil  to  transmit  to  the 
Senate  a  eopv  o(  "a  despalch  to  tlie  Uiiiteil  Stales  Consul  at  Monteiey.  1 .  O.  l.ar- 
kin  Esq  "  iorwank-J  mi  November,  1845,  by  Ca|it.am  (;ille>|n8.  ol  the  marine  coriw, 
and'  ivhicii  was,  by  him,  destroyed  belote  entering  tlie  port  ol  Vera  Cruz. 

The  resolution  having  been  amended  by  the  addition  of  the 
words  "  if  a  communication  of  the  same  be  not,  in  his  opinion,  in- 
compatible with  the  public  interests,"  was  agreed  to. 

POSTAL    ARRANGEMENTS. 

The  Senate  proceeded  to  consider  the  following  resolution,  sub- 
mitted yesterday  by  Mr.  Niles,  and  it  was  agreed  to: 

Resolvai  Thatthel'residentbereiiuested  10  eommuniealcto  iheSeuale  co|iics  of 
•he  corresiiondenee  between  the  minister  of  Hie  United  Slates  at  l.oiulon,  and  any 
aiilhoritiesofllle  British  government,  in  relation  to  a  postal  arrangement  liotween  tlie 
two  eountries. 

ROUTE    TO    CALIFORNIA. 

The  Senate  proceeded  to  consider  the  motion  submitted  by  Mr. 
Westcott,  on  the  3d  instant,  and  it  was  agreed  to  as  follows: 

Ordered,  That  one  thousand  additional  copies  of  the  reports  of 
Lieutenant  Emory  and  Colunel  Cooke,  and  the  accompanying  map 
and  illustrations,  heretofore  ordered  to  be  printed  by  the  Senate, 
be  furnished  for  the  use  of  the  Senate. 

OCEAN    MAILS. 

The  bill  supplementary   to    an  act  entitled   "  An  act  to  provide 
for  the  transportation  of  the  mail  between  the  United  States  anil 
Foreign  countries,  and   for  other  purposes,"  was  read  the  second 
time  and  considered  as  in  Committee  of  the  Whole;  and 
On  motion  by  Mr.  NILES,  it  was 

Ordered,  That  the  further  consideration  tliereof  be  postponed  to, 
and  made  the  order  of  the  day  for,  Monday,  the  3d  day  of  April 
next. 

MESSAGE    FROM    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  clerk: 

Mr  I'tpsident  ;  The  House  of  Representatives  have  passed  a  bill  inquiring  all 
moneys  receivable  from  eusloms  and  I'roni  all  other  sources,  to  be  paid  iramedialely  into 
the  Treasury  vvilhonl  abatement  or  lieduetion,  and  lor  other  purposes;  in  which  they 
cemiest  the  concurreni:e  of  the  Senate. 

DISPOSITION    OF    THE    PtTBLIC    REVENUE. 

The  above  named  bill  from  the  House  of  Representatives  was 
read  the  first  and  second  times,  by  unanimous  consent,  and  refer- 
red to  the  Committee  on  Finance. 

TEN    REGIMENT    BILL. 

On  motion  by  Mr.  CASS,  the  prior  orders  were  postponed,  and 
the  Senate  resumed  the  consideration  of  the  bdl,  on  its  third  read- 
incr,  to  raise,  for  a  limited  time,  an  additional  military  force. 

Mr.  BERRIEN  addressed  the  Senate  at  length  in  opposition  to 
the  bill  ;  a  full  report  of  his  remarks  will  be  given  hereafter. 

Mr,  WEBSTER.— Although  laboring  under  deep  depression,  I 


.still  feel  it  my  duty  at  as  early  a  moment  as  I  may  be  able,  to  ad- 
dress the  Senate  upon  the  state  of  the  country,  and  on  the  fiu-ther 
prosecution  of  the  war.  I  have  listened,  sir,  silently  but  attentively, 
to  the    discussion  which  has  taken  place   upon  this  bill,  and  upon 
other  connected  subjects  in  this   Senate;  and  it  is  not   my  purpose 
to  enter   into  the  historical  narrative,  or  the   historical  argument 
which  has  accompanied   its  discussion  on   the  one   side   or  on  the 
other.     New  events  have  arisen,  bringing  new  questions;  and  since 
the  resumption  of  the  discussion  upon  this  measure,  two  or  three 
days  ago,  these  events  have  been  alluded  to,  first  by  the  honorable 
Seiiator  who  conducts  this  bill  through  the  Senate;  and,  again,  by 
the  honorable  Senator  before  me  from  Carolina.   By  both  these  hon- 
orable members  these  events  have  been  dei-lared  to  be  well  known 
to  all  the  world;  and  by   one  of   them,    [Mr.  Cass,]  it    was  re- 
marked   that   there  need  be  no  affcctalion  of  mystery.       Since 
these  statements  were  m.ade   I  have  heard  the   gentleman  from 
South  Carolina  express  his  views  on  the  question.     I  have  heard 
him  on  various  and  momentous  subjects — on  many  interesting  occa- 
sions; and  I  desire  to  say,  sir,  that  I  never  heard  him  with  more 
unqualified  concurrence  in  every   word  he  uttered.      The  topics 
which  he  discussed  were  presented,  it  appears  to  me,  in  their  just 
light;  and  he  sustained  his  own  views  in  regard  to  them  with  that 
clearness  and  power  of  argument  which  always  characterize  his  ef- 
forts in  debate.     I  thank  liim.  I  thank  him  especially  for  the  man- 
ly stand  he  took  upon  one  point,  which  has  not  been  so  much  dis- 
cussed here  as  others — I  mean  the  plain,  absolute  unconstitution- 
ality and  illegality  of  the  executive  government  in  attempting  to 
enact  laws  by  executive  authority,  in  conquered  territories,  out  of 
the  United  States.     Sir,  whether  the  power   exists  in   the  Presi- 
dent or  not,  may  be  inferred  by  answering  another  question — does 
he  wear  a  crownt  That's  the  only  question.     If  he  wears  a  crown 
— if  he  is  the  king  of  the  country— if  we  arc  his  subjects,  and  they 
who   are    conquered   by    the    arms   of    the    country   become   his 
subjects   also,    and    owe    liim    allegiance,    why,    then,   according 
to    well   established    principles,    until    the    intenerence    of    the 
legislature,   but  no  longer    even  then,  he  may  conquer— he  may 
govern— be    may    impose    laws— he     may     lay     taxes — he    may 
assess  duties.       The   king  of  England  has  done   it,  in   the  vari- 
ous   cases   of  conquest,   from    the    conquest    of    Wales    and    Ire- 
land   down  to   the  conquest    of  the  West    India    islands,    in    the 
war  of  '56.  and  in  the  wars  growing  out  of  tlie  I'rench  revolution, 
the  King  of  England  has   done  it  ;   done  it   by  royal   pi'erogative  ; 
done    it    in    ihb     government    of     his    own     subjects,    existing 
in   or    inhabiting   territories    not    under    the   protection  of   Eng- 
lish  law,   but    governed    by   him     until    Parliament    puts    them 
under  proleetioirof  English'law.     Now,  sir,  there  was  laid  before 
us  at  the  commencement  of  the  session,  a  system  of  legislation  for 
Mexico,  as  for  a  conquered  country.     Let  us  not  confound   ideas 
that  are  in  themselves  separable  and  necessarily  distinct.     This  .s 
not  the  question  ;  whether  he  who  is  in  an  enemy's  country  at  the 
head  of    an    army,    may  not    supply  his  daily  wants;  whether    he 
may  not  seize  the  granaries  and  the  herds — if  he  choose  so  to  con- 
dtit't  the  war — of  the  enemy  in  whose  country  he    is — that    is  one 
thin"   but  the  question  is  here;  whether  sitting  in  the  Presidential 
House    by  an  :ict  of  mere  authority,  when  the  country  is  conquered 
and  subdued,  the  President  of  the  United  Stales,    may  by,  and  of, 
and  through  his  own  power  establish    in  Mexico  a  system  of  civil 

We  have  read,  sir,  and  some  of  us  have  not  forgotten  it,  in  all 
books  of  authority    treating  of   the    law   of  nations,  1  hat  when    a 
country  is  conquered  or  ceded,  its  existing  laws  are    not  changed 
till  the  competent  authority  of  the  conquering  power  changes  them. 
That  I  hold  to  be  the    universal    doctrine   of   public    law.     Well, 
here    is    a   system   of    levying   taxes— repealing   old   laws— and 
makino-  new  ones;  a  system  behind  that,  of  which  I  read  with  pain 
and  mortifieation,  for  I  find  in  this  communication  of  the  Secretary 
sanctioned  by  the  President,   that  our  brave  troops,   (as  they  are 
always  called,  ten  times  in    every    page,)    were   directed   to   lay 
hold    on   all    the    little    municipal    treasures— all    the    little   col- 
lections   fur     social    purposes,    that    carried     on    the     interior, 
the    municipal,    what   we    should    call    the    parish   concerns    of 
Mexico !     They    were    directed    to    seize    them    all !     The  War 
Department  issued   orders    to    chase    the  government  of  Mexico 
like   a  partridge  on  the  mountain,  from  city  to  city — to  give  it  no 
rest  for  the  sole  of  its  foot — to  exterminate  it;  and  another  order 
issued  from  the  Treasury  Department  at  the  same  time,  directed 
this  seizure  of  all  these  small  and  petty  sums  of  public  money.     I 
am  obliged,   therefore,  to  the  gentleman  from  South  Carolina  for 
baving  brought  this  subject  to  the  attention  of  the  Senate. 

I  am  happy  in  having  an  opportunity  of  expressing  my  repug. 
nance  to  all  the  doctrine  and  all  the  practice.  Where  will  it  lead 
to  '  What  does  the  President  do  with  this  money  ?  W  hy,  he 
supports  the  army  !  But  this  money  never  passes  under  any  ap- 
propriation of  law.  The  constitution  of  the  United  States  says 
that  the  Executive  power  shall  have  no  appropriations  for  mibtary 
purposes  tor  xo-ve  than  two  years.    But  here  there  is  a  standing 


356 


THE  TEN  REGIMENT  BILL. 


[Friday, 


appropriation,  put  at  the  disposition  and  discretion  of  the  President 
of  the  United  States  of  all  the  money  he  can  collect  by  this  system 
of  personal,  Executive  legislation  over  seven  millions  of  people, 
and  that  under  the  constitution  of  the  United  States  !  If  the  state- 
ment of  this  cose  does'not  attract  the  attention  of  the  community. 
— in  short,  if  the  question  is  not  ari^ued  before  an  American  Se- 
nate when  it  is  stated,  it  is  beyond  my  power  to  illustrate  it  by 
any  further  argument. 

Sir,  while  I  rejoice  that  the  honorable  member  from  South  Ca- 
rolina has  done  so  important  a  service  as  to  put  this  question  in  a 
proper  and  a  clear  light  before  the  community  and  the  Senate  ; 
and  while  I  agree,  as  1  have  said,  in  all  that  jie  has  uttered  on  the 
topics  which  he  has  treated  ;  that  topic  which  was  upon  my  mind 
and  my  conscience  more  than  all  the  rest,  was  a  topic  which  he 
did  not  treat,  and  in  regard  to  which  I  fear  I  may  not  exjicel — 
would  to  God  that  I  could  expect! — his  concurrence,  and  the 
strength  of  his  arm  ;  I  mean  the  object,  plain  and  manifest, 
original  in  the  inception  of  this  war,  not  always  avowed,  but  al- 
ways however  the  real  object  ;  the  creation  of  new  Slates  on  the 
southern  border  of  the  United  States,  to  be  formed  out  of  the  ter- 
ritory of  Mexico,  and  the  people  inhabiting  the  territory  of  Mex- 
ico. If  after  a  service  of  thirty  years  in  these  councils,  he  could 
have  taken  a  lead — if  his  convictions  of  duty,  I  mean  to  say,  could 
have  allowed  him  to  take  a  lead  and  make  a  stand  for  the  integ- 
rity of  the  United  States — even  with  these  large  recent  accessions, 
which  I  am  willing  to  eon.sider  are  brotherly  accessions,  that  I 
have  no  disposition  to  reject,  discourage  or  discountenance  in  the 
existing  circumstances  of  the  case — if,  I  say,  sir,  that  at  the  end 
of  our  common  service,  now  for  thirty  years,  the  honorable  mem- 
ber could  have  seen  his  line  of  duty  to  lie  in  such  a  direction  that 
he  could  have  taken  a  stand  for  the  integrity  of  the  United  States — 
these  United  States,  into  whose  service  he  and  I  entered  in  early 
life,  with  warm  and  equally  warm  patriotic  alfections — ihe  love  of 
a  known  country,  a  defined  country,  an  American  country — if  ho 
bad  found  it  consistent  with  his  duty  to  have  taken  such  a  stand, 
and  I  had  perished  in  supporting  him  in  it,  T  should  feel  that  I  ha<i 
perished  in  a  service  eminently  connected  with  the  prosperity  and 
true  honor  of  the  country. 

Mr.  President,  1  am  obliged  to  my  friend  from  Georgia  for  hav- 
ing taken  that  view  of  some  topics  in  this  ease,  with  his  usual 
clearness  and  ability,  which  will  relieve  me  from  the  necessity  of 
diseu.ssing  those  subjects  which  he  has  taken  up.  I  feel,  sir,  the 
great  embarrassment  which  surrounds  me.  brought  about  by  those 
events  which  have  taken  place  and  been  adverted  to  in  the  Se- 
nate. It  has  been  stated  by  the  gentleman  to  whom  I  alluded. 
[Mr.  Cass,]  that  the  whole  world  knows  that  a  treaty  has 
come  hither  from  Mexico — that  it  has  been  acted  ujion  here,  and 
is  sent  back — that  a  member  of  this  body,  occupying  an  eminent 
position  in  its  deliberations  and  conduct,  has  been  sent  out  as  a 
minister  with  full  powers  to  make  explanations— of  course  not  ex- 
planations of  what  was  done  in  Mexico,  but  explanations  of  what 
has  been  done  here.  There  has  been  such  a  paper  here — -I  allude 
to  none  of  its  particulars,  although  following  the  example  of  the 
honorable  member  from  Michigan,  who  says  that  all  the  world 
knows  there  is  a  treaty,  I  might  .say  all  the  world  knows,  too, 
exactly  what  the  treaty  is,  for  the  dct.ails  are  as  well  known  as 
the  jirincipal  fai't.  I  feel,  sir,  as  I  said,  a  new  embarrassment.  On 
the  events  that  have  ocriirrcd  here  witliin  three  weeks;  prditieal 
friends  to  some  extent  didc-r,  and  that  goes  nearer  to  my  heart 
than  any  dart  that  jiolitieal  adversaries  could  direct. 

The  war  is  odious.  Generally  speaking,  taking  the  whole 
country  together,  the  war  is  odious  in  a  high  degree.  The 
country  is  distressed.  A  treaty  has  been  oflcred.  It  has  been  here 
and  it  has  been  sent  back.  Now,  I  feel,  sir,  that  there  has  been 
manifested  throughout  the  country  a  very  strong  desire,  for  the 
s.ake  of  peace,  that  this  treaty,  or  any  treaty,  should  be  ratified. 
The  business  of  the  country  is  disorganized  and  distressed.  Men 
know  not  what  to  calculate  upon.  The  occupations  of  life  are 
embiirrassed.  The  finances  of  individuals,  as  well  as  of  the  coun- 
try, arc  much  diM-iingcd;  the  circumstances  of  individuals  placing 
them  in  great  exigency  and  ncce.ssity  of  immediate  relief;  ancl 
there  has  eoinc  iqi  a  strong  expression  in  favor  of  any  treaty  on 
ani/ terms,  if  it  will  bring  peace.  Now,  sir,  I  am  not  for  any 
treaty  on  any  terms,  though  it  bring  i)cace.  In  my  judgment, 
with  iMitirc  cbllidencc  theri-in,  and  entire  deference  to  the  better 
judgment  of  others,  I  think  that  this  indiscriminate  demand 
of  peace  in  any  circumstances  and  on  any  terms,  is  cither  an  ef- 
fusion of  ecstatic  delight  at  the  prospect  of  gettini"  rid  of  an 
abominated  war;  or  else  it  is  the  result  of  a  feeling  for  which  I 
have  not  so  much  respect — that  we  are  to  take  this,  whatever  it 
may  be;  (U-  1  will  rather  say,  that  we  are  to  take  whatever  may 
be  otl'ered,  lest  our  masters  should  give  us  liardcr  terms.  It  is 
either  the  clfusion  of  joy  at  the  prospect  of  putting  an  end  to  the 
'■war,  or  else  that  men's  resolution  cools. 

■  I  believe,  sir,  that  the  press  on  all  sides,  with  very  few  excep- 
tions— perhajis  uniting  for  once — have  for  the  last  three  weeks 
■pressed  the  Senate,  by  their  daily  counsels  and  advice,  to  take  the 
treaty  whatever  it  maybe.  All  these  considerations  which  seem 
to  me  to  spring  from  the  lirst  irupul.se  and  not  from  the  sober  se- 
cond thought  of  the  peoiilc,  appear  to  be  designed — I  will  not  say 
■designed,  but  calculated,  as  they  have  been  calculated — lo  press 
forward  the  eoumals  of  the  Senate;  and  to  induce  these  councils  to 
take  any  bit  o'  parchment,  or  any  bit  of  pajier  whi(-h  tould  be 
called  or  concluded  to  be  a  treaty — to  clench  it,  and  confirm  it, 
with  our  eyes  blindfolded?  No,  sir — with  our  eyes  dead  si"htlcss 
as  the  eyes  of  a  marble  statue,  to  all  the  future!  '     " 


On  these  subjects,  sir,  to  the  extent  to  which  it  may  be  ju'oper 
for  me  to  discuss  them.  I  wish  to  declare  my  sentiments  once  for 
all  ;  not  going  back  to  the  origin  of  the  war — not  re-examining 
orders  of  the  Executive — not  pausing  to  consider,  as  ray  honorable 
friend  from  Georgia  has  done,  the  various  stages  in  the  progress 
of  the  campaigns,  in  which  it  might  seem  to  have  been,  and  I 
think  he  has  proved  that  it  was,  the  duty  of  the  Executive  to  con- 
sider the  propriety  of  arresting  the  war — without  attempting 
anv  of  this  sort  of  discursive  dissertation  upon  the  case,  I  never- 
theless desire  to  express  my  opinions  upon  the  state  of  the  coun- 
try— upon  the  farther  jjroseention  of  the  war — and  Ujion  that  most 
important,  and,  if  not  vital,  most  interesting  question,  the  revenue 
and  the  ability  of  the  country  in  the  present  existing  legislation  of 
Congress  to  supply  the  public  demands.  An  understanding  howe- 
ver, was  entered  into  yesterday,  to  which  I  was  a  party,  that  the 
question  upon  the  final  passage  of  this  bill  should  be  taken  to-day. 
I  ilo  not  propose  to  depart  from  that  understanding.  If  I  had 
strength,  which  I  have  not,  and  health,  which  I  have  not,  there  is 
not  time,  without  jiushing  the  Senate  into  a  very  late  session,  to 
say  wdiat  I  wish  to  say.  I  will,  therefore,  with  the  permission  of 
the  Sc^nate^and  I  hope  not  without  the  concurrence  of  the  honora- 
ble member  who  is  at  the  head  of  the  Finance  Committee,  postpone 
what  I  have  farther  to  say  upon  this  subject,  until  the  early  part  of 
next  week,  when  I  understand  the  Loan  Bill  will  be  before  the 
Senate.  This  measure  is  to  raise  men — that  measure  is  to  pay 
them.  The  object,  therefore,  of  both  is  one — the  farther  prose- 
cution of  the  war  in  Mexico.  What  I  have  to  say  then,  may  as 
well  be  said  appropriately  on  one  bill  as  the  other,  and  therefore 
I  shall  not  now  detain  the  Senate,  but  if  an  ojiportunity  should  be 
otTcred,  upon  the  earliest  introduction  of  the  Loan  Bill,  I  shall  claim 
the  privilege  of  expressing  myself  on  the  several  points,  which  I 
have  now  mentioned  to  the  Senate. 

Mr.  CASS. — Mr.  President  :  Before  I  proceed  to  the  more  seri- 
ous part  of  my  undertaking,  I  beg  to  make  a  few  remarks  some- 
what iiersoual  to  myself.  And  I  am  induced  to  do  so  in  con.se- 
quencc  of  an  allusion  made  the  other  day  by  my  honorable  friend 
from  Delaware,  for  I  am  sure  he  will  permit  me  to  call  him  such, 
and  which  I  frankly  confess,  I  did  not  take  in  very  good  part.  The 
Senator  said  I  was,  or  had  constituted  myself  the  champion  v\' 
the  administration,  and  that  I  had  blown  a  trumpet  and  uttered 
a,  note  of  defiance — that  I  had  thrown  down  a  glove  which  he, 
in  the  spirit  I  presume  of  chivalry,  had  taken  up.  Now.  sir,  all 
this  is  incorrect.  I  gave  no  challenge  ;  I  assumed  no  champion- 
ship ;  I  uttered  no  note  of  defiance.  The  very  thing  which  the 
Senator  from  Delaware  supposes  I  did,  was  the  very  thing  I  feel  I 
could  not  have  had  the  folly  to  do.  I  said,  on  the  introduction  of 
the  army  bill,  that  in  presenting  it  I  should  not  touch  any  of  the 
disputed  points,  which  divide  our  tw^o  "reat  political  parties,  but  I 
thought  I'rom  appearances  which  could  not  be  misapprehended 
that  these  would  be  introduced  by  others.  I  said  further,  that  the 
discussion  of  the  great  topics  of  the  day,  respecting  the  war, 
could  not  be  avoided,  though  I  had  hoped  they  would  be  postponed 
till  this  neces.sary  bill  was  passed  ;  but  that  at  any  rate,  however 
severe  might  be  the  attack,  I  trusted  it  would  be  as  earnestly  met, 
and  easily  repelled.  This  is  the  substance  of  ray  remarks,  sir, 
and  I  must  say  to  the  honorable  Senator  from  Delaware,  that  be 
has  not  a  little  surprised  me  by  deducing  from  them  the  conclu- 
sion that  1  had  constituted  myself  the  champion  of  the  administra- 
tion, ai  d  that  I  had  brought  on  a  controversy  by  the  very  terms 
with  which  I  disclaimed  any  such  intention.  Why,  sir,  I  knew  .all 
this  would  come,  and  so  did  every  member  of  the  Senate.  I  knew 
that  the  course  of  the  administration  would  be  severely  assailed 
on  the  other  side  of  the  ehamher,  and  my  conviction  was  not  the 
less  certain  that  it  would  be  promptly  met  on  this  side  and  easily 
repelled.  But  I  trust  I  did  not  say,  certainly  I  did  not  think,  it 
■would  be  repelled  by  me.  I  knew  that  task  was  committed  to 
better  hands  than  mine.  I  knew  there  were  faithful  sentinels  on 
this  side  of  the  Senate  ;  able  and  experienced  statesmen;  prompt, 
powerful  and  fearless  debaters,  who  have  passed  much  of  their 
lives  in  these  legislative  eneounters,  and  who  would  defend  witli 
energy,  and  I  believed  with  success,  those  measures  which  met 
the  entire  approbation  of  the  great  parly  to  which  they  belong. 
It  is  in  no  sjiirit  of  ad'eeted  humility  that  I  feci  I  have  no  right  to 
assume  the  duties  of  men  like  these.  My  life  has  not  been  passed 
in  such  scenes  as  this.  The  early  and  more  active  portion  of  it 
was  spent  amid  tlie  toils  and  jirivations  and  exposures  of  a  new 
country,  and  not  a  little  of  it  upon  the.  very  verge  of  civilization 
and  even  beyond  it,  where  duties  far  dilfercnt  from  those  committed 
lo  us  here,  called  me  and  occupied  me.  A  vote  of  the  Senate  has 
placed  me,  contrary  to  my  own  wishes,  at  the  bead  of  the  Com- 
mittee on  Military  Alliiirs,  and  if,  in  the  discharge  of  its  duties,  I 
can  lend  any  aid  towards  what  I  consider  the  best  inti'rcsis  of  my 
country  in  tlie  siluation  in  wliiuh  she  is  phici'd,  I  shall  be  satisfied 
without  milking  the  vain  attempt  attrihiiled  to  me  by  the  Senator 
from  Delaware.  So  much  for  my  championship.  It  is  not  my 
glove  which  the  honorable  Senator  has  picked  up.  but  his  own. 

The  distinguished  Senator  from  South  Carolina,  (Mr.  Calhoun.) 
in  the  discussion  of  vesterday,  gave  his  opinions  upon  some  impor- 
tant topics  conncelcd  \\'ith  this  bill.  The  cpiestions  lucscnlcd  by 
him,  are  of  tlie  highest  importance,  and  were  urged  with  all  that 
closeness  and  clearness,  which  characterize  his  intellectual  labors. 
I  desire  to  (*xpress  not  (Uily  my  dissent  fi^om  his  conclusions,  hut  as 
briefly  as  nuiy  be,  the  views  that  have  struck  rae  during  the  short 
period,  I  have  had  to  reflect  upon  the  subject.  At  tiio  very  com- 
mencement, 1  foci  a   dillicully  which  yiU   be  obvious    to  all  that 


March  17. J 


THE  TEN  REGIMENT  BILL. 


357 


know — auJ  who  does  not  know  the  proness.  at  nnce  compressed 
and  logieal,  by  which  that  Senator  reaches  his  deductions? — in  con- 
sequence of  being  compelled  to  rely  u]ion  my  memory,  and  not 
havini^  been  able  to  read  his  speech,  which  has  been  laid  U]ion  our 
tables  since  we  took  oiu*  seats  in  this  chamber  to-dav. 

However,  I  may  have  misapprehended  him,  durinf;  the  pro- 
cress  of  his  remarks,  I  did  not  misapprehend  him  at  their  com- 
mencement. He  bc^an  by  asserting  that  there  was  not  a  sinijle 
reason  in  favor  of  the  passaye  of  this  bill.  Certainly,  sir,  this  as- 
sertion is  far  too  broad.  Wc  may  dilfer  as  to  the  wcirjht  of  the 
arguments,  iji  support  of  this  measure,  but  to  pronounce  almost 
ex  cathedra,  that  there  is  no  arfrumeut  at  all  which  would  justify 
its  passage,  seems  to  be  rather  a  bad  augury  for  fair  investi- 
gation. 

The  Senator  says  it  will  be  mischievous  here,  because  it  will 
Imve  a  tendency  to  alarm  the  money  interest.  Now,  sir,  I  have 
no  invidious  comparison  to  make  among  the  various  occupations  of 
our  community,  the  members  of  which,  while  laboring  Ibr  them- 
.selves,  arc  contrilinting  also  to  the  wealth  of  the  country.  It  is 
not  my  habit.  I  would  merely  remark,  that  ijuestions  all'ecting 
the  honor  and  interest  of  tlie  country  in  her  communication  witii 
other  nations,  mnst  be  decided  upon  much  higher  considerations 
than  the  ellects  Ihcy  will  produce  upon  the  stock  market,  and  upon 
the  fluctuations  which  give  to  its  speculations  the  spirit  sometimes 
of  gambling,  rather  than  of  sober  calculation.  But,  sir,  I  do  not 
ayrec  with  the  Scnatoi-  m  his  anticipations.  If,  as  I  understand 
him,  a  peace  is  necessary  for  the  wholesome  operation  of  the 
monied  interests,  any  measures  having  a  tendency  to  promote 
peace,  would  give  confidence  to  those  who  control  it.  If,  sir, 
an  overwhelming  force  were  immediately  raised  and  dispatched 
to  Mexico,  no  man  can  doubt  but  that  this  war  would  be  im- 
mediately terminated,  and  tlie  more  vigorous  our  preparations, 
the  more  fi.\cd  our  determination  to  prosecute  it  vigorously,  the 
more  convinced  shall  wc  be,  and  the  Mexican  people  also,  that 
peace  will  come  and  come  speedily.  So  far  from  viewing  this  sub- 
ject as  the  Senator  does,  I  consider  every  step  we  take  towards 
vigorous  prepariitions,  a  step  towards  peace,  and  I  believe  it  will 
strenn^then  and  not  weaken  the  confidence  of  the  monied  men, 
and  aid,  in.stead  of  injuring  the  money  market.  If  we  go  on  with 
a  .series  ol  timid,  irresolute,  and  indecisive  measures,  we  may  pro- 
long this  war  till  doomsday.  If  we  strike  one  vigorous  stroke,  we 
may  terminate  it  without  delay. 

The  Senator  says,  also,  that  the  passage  of  this  bill  will  be  mis- 
chievous in  Mexico,  because  it  will  animate  some  of  tlie  parties, 
into  which  that  unhappy  country  is  divided,  to  increased  exertions 
against  us.  If  this  be  so,  it  presents  to  me  a  new  chapter  in  hu- 
man nature.  When  our  country  is  at  war,  or  apparently  ap- 
proaching it,  to  put  on  an  armor  and  an  attitude  befitting  the  occa- 
sion, would  bo,  according  to  this  newprinciple  of  national  inter- 
communication, impolitic  if  not  dangerous,  as  it  would  excite  the 
enemy  to  more  vigorous  action.  Mr.  President,  it  is  not  thus  I 
have  read  history,  and  it  is  not  thus  that  public  disputes  are  brought 
to  satisfactory  termination.  If  in  peace  to  prepare  for  war.  is  a 
wise  sentiment,  now  become  an  axiom,  certainly,  when  hostilities 
have  actually  commenced,  and  two  powers  are  contending  for  the 
mastery,  if  one  relaxes  its  preparations  lor  fear  of  animating  the 
exertions  of  the  other,  it  is  not  difficult  to  foresee  to  what  dishonor 
such  a  course,  whether  originating  in  pusillanimty  or  false  mair- 
nanimity,  must  necessarily  lead. 

But,  sir,  are  there  no  reasons  why  this  bill  .should  now  pass? 
There  are,  sir,  and  very  strong  ones  too;  so  decisive,  indeed,  that 
even  the  powerful  intellect  of  the  Senator  from  South  Carolina  has 
not  been  able  to  satisfy  me  that  there  is  one  substantial  objection 
to  the  me.isure. 

We  are  at  war  with  Mexico.  The  papers,  indeed,  of  to-dav, 
tell  us  that  an  armistice  for  two  months  has  been  concluded.^ 
That  is  liable  to  be  broken,  and  hostilities  resumed  from  one  day 
to  another,  as  accident  or  design  on  tlie  part  of  'he  enemy  may 
dictate.  And  a  proof  of  their  bad  faith  in  a  similar  arrangement 
at  the  city  of  Mexico,  should  warn  us  that  little  reliance  can  be 
placed  upon  these  stipulations;  and  indeed  the  very  despatch  which 
brought  us  information  of  the  armistice,  brought  us  also  informa- 
tion that  it  had  icen  broken.  And  happen  what  may  in  the  mean- 
time, this  armistice,  at  the  end  of  the  icrin,  must  give  way  to  hos- 
tilities, unless  prolonged  by  mutual  consent",  or  terminated  by  a 
peace.  And  certainly  it  will  not  be  prolonged  by  us  unless  a  peace 
is  to  take  its  place. 

Now,  sir,  what  docs  a  wise  precaution  require?  It  requires  us 
to  strenjjthen  our  forces  in  Mexico,  and  to  make  thcmost  vigorous 
preparation  to  prosecute  the  war  with  renewed  exertion,  should 
our  elforts  to  procure  a  peace  prove  fruitless. 

You  know,  Mr.  President,  and  the  Senate  knows,  and  the  coun- 
try knows,  that  a  paper  has  arrived  here  and  gone  back  to  Mexico, 
witli  the  imprimatur  of  this  body  upon  it,  modified  indeed,  but  still 
fixing  terms,  which  will  lead  to  peace  if  accepted  by  the  Mexican 
government.  Now,  sir.  it  may  be  accepted  there  or  rejected,  no 
man  can  tell  which.  The  government  is  unstable,  the  people  in- 
tractable and  turbulent,  anil  the  country  split  into  factions  warring 
against  one  another,  and  each  contending  for  supremacy.  In  such 
a  state  of  things,  what  is  our  duty?  It  is,  as  I  have  already  said, 
to  be  iirepared  for  contingencies,  and  to  recommence  our  military 
operations  with  the  utmost  vigor,  as  soon  as  the  war  recommences, 
il  that  event  should  happen, 

But,  in  the  second  place,  the  very  preparation  we  make,  may 
lie  the  reason  for  rendering  its  employment  unnecessary.    If  tho 


government  and  people  of  Mexico  see,  by  the  measures  which  we 
have  taken  here,  that  there  is  an  absolute  determination  to  over- 
run and  overcome  their  country,  that  would  furnish  a  strong  mo- 
tive for  their  acquiescence  in  the  terms  of  peace.  As  our  rclaxa-. 
tion  would  encourage  them  to  resist,  so,  renewed  exertions  on  our 

fiart  would  show  them  the  futility  of  resistance,  and  leave  them  no 
lope  but  in  doing  us  justice.  So  much  for  the  reasons  in 
favor  of  the  passage  of  this  bill.  The  force  it  contemplates  to 
raise  may  not  be  wanted.  In  that  event,  it  will  not  be  organized, 
and  no  injury  will  be  done.  It  may  be  wanted,  and  in  that  event 
it  will  be  ready  for  such  contingencies  as  may  happen. 

The  Senator  from  South  Carolina  says  that  when  the  President 
in  his  annual  message,  asked  for  this  force,  he  did  so  in  order  to  be 
able  to  prosecute  the  war  more  vigorously,  and  that  to  vote  IVir 
this  bill  is  to  give  a  pledge  that  this  should  be  done.  This  may  bo 
so,  sir;  but  whether  so  or  not,  I  am  ready  to  give  any  necessary 
pledge  upon  the  subject.  The  Senator  is  not  in  favor  of  a  vigor- 
ous prosecution  of  ihe  war,  even  should  wc  fail  m  our  efliirts  to 
obtain  a  peace.  What  are  his  views  upon  this  subject,  sir?  He 
says  that  at  the  commencement  of  the  session,  the  opinion  was 
spreading  everywhere  that  the  whole  of  Mexico  should  lie  annexed 
to  the  United  States,  but  that  since  that  time  a  change  has  been  go- 
ing on;  the  result,  I  suppose,  of  <nir  discussums,  and  that  the  actpiisi- 
tion  of  the  whole  Mexican  territory  is  no  longer  desired.  Kor  my 
part,  sir,  I  sec  no  change  whatever  upon  this  subject.  I  believe 
the  pr"vailing  sentiment  is  now,  just  what  it  has  been,  during  the 
whole  progress  of  these  hostilities.  The  Senator,  in  his  remarks 
upon  this  subject  some  two  or  three  months  since,  when  asked  for 
the  proof  that  the  acquisition  of  all  Mexico  was  desired  by  the 
American  jieople,  referred  to  (me  or  two  demonstrations  that  had 
taken  place  at  one  or  two  public  meetings,  but  failed  to  produce  the 
slightest  evidence,  as  imiued  there  was  none,  that  the  American 
people  had  determined  upon  this  great  experiment.  The  senli- 
ment  prevailed  then,  and  prevails  yet,  that  we  may  be  compelled 
to  make  it  by  the  obstinate  injustice  of  the  Mexicans,  and  that  if 
we  cannot  terminate  the  war  in  any  other  way,  we  must  termi- 
nate it  by  taking  possession  of  their  country,  and  holding  it  sub- 
ject to  our  po\vi;r,  and  with  some  Idiid  of  a  government  to  provide 
for  its  internal  .security. 

Well,  sir,  this  state  of  things  may  come,  but  I  hope  not.  But 
it  wdl  not  be  prevented  by  speeches  and  resolutions  in  this  body- 
It  will  be  prevented  by  much  higher  events.  For  myself,  my  opi- 
nion has  been  uiudiangcd.  and  I  have  several  times  expressed  it  in 
this  chamber.  I  think  liie  annihilation  of  the  Mexican  govern- 
ment, and  the  annexation  of  the  whole  Mexican  tcrritorv  would  be 
a  serious  injury  to  our  confederacy.  I  see  great  inconvenience  in 
the  measure,  and  many  sound  practical  objections  to  it.  But 
I  repeat  also  my  previous  declaration,  that  I  am  not  one  ot 
those  who  believe  that  even  that  step  would  be  fatal  to  us.  My 
confidence  in  the  progress  and  duration  of  this  government  is  un- 
shaken and  unshakable.  Its  destiny,  under  God,  is  eonuuitled  to 
the  people,  and  no  other  earthly  power  can  destroy  it.  However  ex- 
tensive may  be  the  sphere  of  its  operation,  it  has  in  it  a  spirit  ol' 
vitality,  growing  out  of  the  very  principle  of  its  formation  and  ob- 
jects— the  will  of  all  for  the  good  of  all — which  will  enable  it 
to  resist  many  of  those  shocks  of  time  and  accident  to  which  other 
governments  have  been  exposed,  and  have  fallen  victims.  If  all 
this  is  a  dream,  sir,  it  is  a  very  hippy  one,  and  a  dream  from 
which  I  have  no  wish  to  be  awakened. 

I  desire,  sir,  to  allude  to  a  remark  mad^^  by  an  honorable  Sena- 
tor from  Virginia,  [Mr.  Hunter.]  Some  time  since  he  addressed 
the  Senate  upon  this  subject  in  a  speech  replete  with  able  views 
and  beautiful  illustrations.  It  was  one  of  those  eHbrts  which, 
while  they  do  honor  to  the  Speaker  reflect  honor  upon  all  those 
who  are  associated  with  him  in  the  discharge  of  the  lii<;li  func- 
tions committed  to  us.  While  I  thank  him  for  the  pleasure  he 
gave  me,  I  thank  him  also  for  his  favorable  notice  of  a  little  word 
I  used  upon  that  occasion.  The  distinguished  Senator  from  South 
Carolina  had  said,  that  the  absorption  of  all  Mexico  would  be 
fatal  to  us.  While  expressing  the  opinion  I  have  just  reiterated, 
that  the  measure  would  be  injurious,  I  repudiated  the  idea  that  it 
would  be  fatal,  and  said  that  if  we  were  to  swallow  all  Mexico  it 
would  not  kill  us.  Well,  sir,  it  is  a  good  old  fashioned  phrase, 
but  the  Sanator  from  Virginia  seemed  to  think  that  it  required 
some  protection,  and  threw  over  it  bis  critical  ajgeis  by  saying  it 
should  hereafter  become  classical.  I  thank  the  honorable  Senator 
for  his  kind  interference,  but  I  beg  to  assure  him  that  the  phrase 
had  some  pretensions  to  be  a  standard  one  even  before  I  used  it, 
and  he  sanctioned  it.  It  is  at  least  as  old,  in  our  language,  as  the 
time  of  the  translators  of  the  Bible.  How  much  more  agecl  I  do  not 
stop  to  inquire;  but  in  the  language  whence  our  Bible  was  trans- 
lated, it  is  at  least  thirty  centuries  older.  "Israel  is  swallowed 
up"  said  one  of  her  prophets  when  the  throne  of  David  was  over- 
turned, and  his  kingdom  annexed,  aye,  annexed  to  the  empire  of 
Assyria.  "Israel  is  swallowed  up."  Now,  sir,  I  may  congratu- 
late myself  upon  my  position.  Supported  bv  the  Bible,  and  by  the 
honorable  Senator  from  Virginia,  I  may  defy  the  shafts  of  criticism, 
invulnerable  to  the  heel  behind  such  bucklers  ! 

The  Senator  from  South  Carolina  instead  of  a  vigorous  prcsccu- 
tion  of  the  war,  proposes  to  withdr.aw  our  troops  from  the  other 
portions  of  the  Mexican  country,  and  to  establish  them  upon  a 
line,  which  shall  be  the  boundary  of  the  territory  which  we  intend 
to  hold.  This  proposition  has,  in  substance,  been  twice  before 
made  by  the  honorable  Senator;  once  at  tlie  last  session  of  Con- 
gress, and  once  some  weeks  since  at  the  present.  He  supported 
Gis  views  then,  and  now,  with  that  force  whicti  marks  iiis  f easoning. 


358 


THE  TEN  REGIMENT  BILL. 


[Friday, 


But  while  he  interested  he  did  not  convince  me.  There  never  was 
such  a  hne,  there  never  will  be  such  a  one.  I  say  it  with  all 
delerenee,  but  with  a  perfect  conviction  of  the  truth,  that  such  a 
line  is  impossible.  That  which  the  Senator  proposes  runs  from 
ihe  Rio  Grande  to  the  Passo  Del  N(irtc,  probably  about  eight 
hundred  miles;  and  thence,  with  a  dcllcctioii  not  neces.sary  to  no- 
tice, to  the  Pacific  ocean  which  is  a  little  less  than  an  cipial  distance; 
making  upon  the  whole  mute  prr)b:ibly  L.'ilK)  miles.  The  force 
required  to  defend  the  line  tif  the  Ciio  Grande  the  honorable  Sena- 
tor does  not  give;  but  lie  thinks  a  small  one  would  be  sufficient. 
1  have  conversed  with  one  of  our  ablest  generals  u|ion  this  sub- 
ject, and  he  considers  20,000  men  necessary  to  the  defence  of  the 
Rio  Grande  frontier. 

From  the  Passo  Del  Norte  to  the  Gulf  of  California,  the  Senator 
from  South  Carolina  thinks,  that  one  regiment  and  a  few  small 
vessels  of  war  would  be  an  adc(|U!ite  |irotection  against  Mexicans 
and  Indians.  What  effect  armed  vessel-  can  have  in  the  defence 
of  a  line,  which  stretches  six  hundred  miles  beyond  them,  as  I  do 
not  comprehend,  1  will  not  stop  Ici  impiire.  Their  guns  would 
probably  command  the  beach  nif  which  they  might  anchor,  if  they 
anchored  near  enough.  I!ut  I  <lo  not  believe  that  a  Mexican  guer- 
rilla would  plaie  himself  within  their  reach,  in  order  to  cross  a  line 
open  to  him  In  all  directions.  As  to  the  regiment  if  equally  divided, 
its  number  fit  for  duty  would  prnbably  give  one  man  to  every  mile 
of  distance  between  the  Passo  and  the  gnlf ;  certainly  not  more. 

In  his  annual  message,  the  President  has  presented  with  great 
force  the  objcetiims  to  this  prii|)osition.  I  shall  not  repeat  llicm, 
Jbr  they  must  be  fresh  in  the  recollection  of  the  Senate.  They 
seem  to  me  to  prove,  beyond  question,  the  impolicy  of  establishing 
such  a  line,  and  the  impracticability  of  holding  it.  With  no  na- 
tural boundary,  with  no  defensive  stations,  for  how  many  could  a 
few  hundred  men  occupy,  and  defend?  with  a  boundless  region  on 
both  sides;  with  the  necessity  of  bringing  supplies  through  long 
difficult  and  exposed  routes,  and  with  the  ever-consuming  disor- 
ders of  the  climate,  how  could  such  a  line  bo  defended  with  such  a 
force?  Our  troops  must  be  in  detachments,  or  they  can  afford  no 
protection;  while  the  enemy  may  be  in  masses,  and  bring  their 
whole  force  to  operate  upon  a  part  of  ours.  If  we  are  defeated, 
we  are  destroyed;  fo.'  we  have  no  rcinfuicemcnts  to  order  up,  nor 
to  fall  back  on.  Our  point  of  support  might  be  1,000  miles  off". 
If  the  enemy  are  defeated,  they  retire  beyond  an  enchanted  line, 
where  danger  cannot  come. 

But  after  all,  what  good  would  this  do,  even  if  the  line  could  be 
defended?  How  wfiuld  it  bring  peace?  What  possible  motive 
would  the  Mexicans  have  lo  make  peace  in  such  a  state  of  things? 
They  have  it  at  all  times,  when  they  desire  it;  for  the  line  is  a 
Chinese  wall,  beyond  which  we  may  look  indeed,  but  must  not 
pass.  For  if  we  should  pass  it,  we  should  that  moment  abandon 
iMir  plan,  confess  its  inetficicney,  and  commence  a  new  syslem  of 
operations  lo  recover  the  ground  from  which  we  had  retreated  be- 
fore entering  upon  this  dangerous  experiment.  Wc  assume  our 
line.  We  take  a  position  behind  it,  covering  the  country  we  in- 
tend to  bold.  It  is  a  siiif  qua  iion;  and  wc  will  not  treat  wilh 
Mexico  till  she  relinqwishes  all  right  to  the  region  we  claim. 
What  then  has  she  to  gam  by  peace?  No  territory  ;  for  all  we 
liidd  we  keep.  No  honor;  for  that  is  compromised  by  the  cession. 
No  exemption  from  the  evils  and  calamities  of  war,  for  she  is  just 
as  secure  behind  the  line  while  the  statu  quo  lasts  as  she  would  iie 
if  a  treaty  were  signed,  sealed,  ratified,  and  promulgated. 
If  she  choose  to  sit  still  there  is  peace  ;  if  she  choose  lo 
attack  us,  she  attacks  us;  and  if  successful  Hdlows  up  her  ad- 
vantages till  she  strikes  a  decisive  blow;  but  if  unsuccessful  she 
retires  behind  her  harrier,  and  awaits  a  better  opportunity  to 
renew  her  efforts.  Such  a  slate  of  things  would  be  interminable 
for  any  thing  I  see.  No  government  could  maintain  it.  No  pub- 
lic sentiment  could  bear  it.  Mexico  would  have  every  motive  to 
continue  it,  because  the  chances  of  the  future  might  give  her  suc- 
cess, and  restore  her  territorv;  whereas  they  could  do  her  no  in- 
jury, and  in  the  meantime,  she  wniild  iioi  ]iut  Ihe  seal  to  her  own 
dislionor. 

As  til  the  defence  ^if  :i  line  between  coterminous  countries,  it 
rests  upon  very  plain  )iriiiei]des.  If  the  countries  are  at  war,  one 
nr  the  other  iir  both  will  altcmjit  lo  cross  it.  Neither  will  remain 
behimi  their  line  for  the  avowed  purpose  of  defending  it,  unless  in- 
deed one  of  them  is  so  weak  llial.  offensive  measures  would  be 
iiupraclieable.  If  an  irruption  is  made,  the  parties  making  it 
have  necessarily  some  military  o|ieraiioiis  in  view,  wliieli  if  suc- 
cessful they  ]tursue,  but  if  unsiicccssbil  they  abaiidnn  and  return. 
The  dclence  nf  the  line  ilself  in  lliis  slale  nf  lliirigs  bcenmcs  a  se- 
condary nlijCMt,  yii-ldiiig  III  ulleriiir  ennsider.-il ions  involved  in  ihc 
plans  ol  operations.  An  invading  force,  if  repelled,  must  be  fol- 
lowed, and  if  followed  must  be  |iursncd  to  ils  places  of  rcbige  or 
the  battle  field,  where  ihi^  l'all^  of  arms  must  clcoidc  ihe  coiiusl . 
Any  contest  beiwccn  nalicuis  involving  oilier  priiiriples  would  bo 
irreconcilable  with  public  seiitiuicnl  and  incoiiipalibic  with  the 
plainest  dictates  of  (loliey.  No,  Mr.  Presiilcnt,  li't  us  go 
on  in  the  old  fashioned  way.  I  will  not  say  the  good  old 
fashioned  way,  bci'ause  the  term  would  be  inapplicable  and 
imiiroper;  but  I  will  say  the  ap|irovcd  old  fashioned  way,  and 
wa'i'c  this  war  as  our  fathers  waged  war  before  us.  and  as  our 
sons  will  probably  waoe  il  after  us,  if  driven  to  ibis  last  ajipcal 
of  nations.  Let  us  discard  these  iinlried  plans  and  place  our 
faith  in  experience,  not  in  experiments.  Let  us  push  our  opera- 
tions lirmly  as  need  be,  but  mercifully  as  may  be,  till  we  have  con- 
quered enough  ot  the  country  t«  overcome  obstinate  injustice,  and 
VUua  lo  concpiot  a  peace. 


But  a  principal  object  of  the  Senator  from  South  Carolina  seeniB 
lo  be,  to  place  the  administration  in  the  wrong  in  the  measures  it 
has  directed  to  be  taken,  lor  levying  contributions  fi  r  the  support 
and  subsistence  of  our  army  in  Mexico  To  do  this  he  has  com- 
menced with  what  I  consider  a  fundamental  error,  that  when  we 
enter  an  enemy's  country  in  war  we  take  with  us  all  the  powers 
of  our  own  constitution.  If  it  is  meant  by  this  that  an  invading  army 
has  a  right  to  exercise  all  the  powers  fairly  derivable  from  the 
constitution,  and  relating  to  a  state  of  war;  the  proposition  is  true, 
but  entirely  useless  for  tlie  purpose  of  the  honorable  Senator's  ar- 
gument. But  if  it  is  meant  that  the  guarantees  of  the  constitution 
accompany  the  army  and  operate  upon  the  movements  of  our 
troops  in  a  hostile  country,  nothing  can  be  more  erroneous  in  prin- 
ciple, or  would  be  more  injurious  in  practice.  The  slightest  re- 
flection will  satisfy  any  one  that  the  extension  of  our  constitutional 
"uarantees  over  countries  occupied  by  our  armies  would  be  utterly 
.subversive  of  all  the  rights  of  war.  We  could  not  inarch  a  step 
without  finding  impediments  that  could  not  be  overcome.  The 
juovisions  of  the  constitution  are  : 

'•  Tliat  roiii;re5S  shall  have  [niwfr — 

"  To  ili'ilare  war,  jrraiil  leut-rs  uf  iiianiiie  ami  rc?prisals  ami  niakp  rules  anil  leynla- 
tions  coiK-erninf;  caiiUinsoii  lanil  and  water. 
"  To  raise  anil  su|i|)ort  armies. 
"  To  make  rules  lor  tliegoverumenl  and  regulation  of  the  land  and  naval  forces." 

The  constitution  further  provides  that : 

"The  President  of  the  tiniled  Slates  stiall  be cominander-in-t-hief  of  the  army  and 
navy.  "  i-e. 

These  are  all  the  provisions  of  the  constitution  bearing  upon  the 
war-making  |iower. 

In  the  whole  history  of  our  legislation  there  are  but  Vxo  provi- 
sions respecting  the  conduct  of  our  forces  in  foreign  countries,  and 
these  are  coeval  with  the  government,  having  been  tirst  passed  in 
177.1,  and  again  in  1801),  and  forming  thus  a  permanent  part  of  our 
military  code.  Tlie.se  two  provisions  are  in  articles  fifty-oiie  and 
fifly-fivc  of  the  rules  and  articles  of  war.  The  former  declares 
that— 

■■No  officer  or  soldier  shall  do  violence  to  any  person  who  brings  provisions  or  other 
necessaries  to  the  camp,  garrison,  or  quarters  of  the  forces  of  the  United  States,  em- 
ployed in  any  parts  out  of  the  said  States,  unierpain  of  death,  or  such  otlier  punish- 
iiielit  as  a  court  inarlial  may  direct." 

The  latter  declares  that — 

'■  Wliocver,  helongiug  to  the  aimies  of  the  United  States  emplpyed  in  foreign  part-, 
shall  force  a  ijafeguard.  shall  siift'cr  death.,' 

Here  is  our  \\hole  written  legislation,  constitutional  or  congres- 
sional, upon  this  subject. 

Now,  sir,  like  other  nations,  we  are  liable  to  war;  and  when  en- 
gaged in  it,  we  are  cnlitled  to  all  the  rights,  which  that  condition 
brings  with  it.  Nor  do  I  believe,  that  those  rights  are  in  the 
smallest  tittle  diminished,  because  we  choose  that  our  chief  mag- 
istrate should  wear  a  bat  and  not  a  crown,  to  follow  out  an  allu- 
sion made  this  evening  by  a  distinguished  Senator.  Our  army,  in 
the  prosecution  of  w-ar,  enters  a  hostile  country.  What  may  it  do 
theri^?  Originally,  in  the  early  ages  of  the  world,  the  right  of 
conquest  included  an  unlimited  right  to  seize  and  dispose  of  the 
persons  and  iiroperly  of  all  the  people  subjugated  by  its  arms. — 
Hear  the  earliest  Jewish  historian  : 

"  And  we  look  all  his  citu's  at  that  time,  and  utterly  destroyed  the  men  and  t!ie  wo- 
men, and  Ihe  lillle  mica  of  every  city,  we  left  yone  to  remain." 

"  I  Inly  Ihc  caille  wc  look  for  a  [irey  unto  oui^elves,  and  despoiled  (he  cities  which  we 
took." 

In  the  progress  of  time,  however,  better  sentiments  prevailed, 
and  humanity  endeavored  to  check,  if  not  the  progress  of  conquer- 
ing armies,  at  least  the  evils  that  follo'wed  in  their  train,  by  laying 
down  rules  for  assuaging  the  calamities  of  war.  These  eonven. 
tional  rules,  established  by  the  general  concurrence  of  civilized  na- 
lions,  now  constitute  that  part  of  the  law  of  nations  applicable  to 
this  subject.  To  be  sure,  they  are  liable  to  be  violated,  and  when' 
not  violated,  to  be  narrowed  in  ibeir  operations  by  com  rolling  cir- 
cumstances; but  their  general  obligation  no  one  of  the  present 
family  of  nations  calls  in  question. 

I  repeal,  what  mav  our  arinv  do  in  a  hostile  country?  It  may 
do  any  lliing  proper  lo  proiiioti^  the  objects  it  has  in  view,  which  is 
not  prohibited  by  Us  own  government  or  by  the  laws  ol  nations. 
It  goes  forth  to  iiattle  and  to  conquest.  Its  effort  is  to  subdue  the 
enemy  by  all  tbo  aggressive  means  it  can  exercise.  To  injure  him, 
when,  how,  and  where  il  can,  subject  only  to  the  limitation  I  have 
laid  down,  ill  order  to  compel  him  to  accept  the  terms  of  peace 
preset  ibcd  by  ils  government. 

Hut  ill  llie  practical  exertion  of  these  powers  wo  are  met,  in 
limine,  by  a  siiggcslion  of  the  honorable  Senator  from  South  Car- 
olina, j  Mr.  CAi.noiiN,]lliat  it  is  the  conqueror  to  whom  I  hey  belong, 
.■mil  that  this  eoncpicnu-  is  ihe  sovereign,  and  the  sovereign  in  the 
Utiiled  Stales  is  the  people,  who  alone  can  exereise  these  high  at- 
Iribiites,  or  ill  any  rate  some  of  them.  It  may  be  remarki^d,  how- 
ever, that  llicy  ilo  not  belong  to  the  conqueror,  as  such,  but  to  the 
enemy;  wlielhcr  an  invading  army  is  advancing  or  retreating,  vic- 
torious or  defcalcd,  ils  righls  are  still  the  same,  and  belong  to  it 
as  Kill"  as  the  last  baud  composing  it,  remains  in  arms  upon  hos- 
U\i'  icrritiny.  But  le>t  that  pass.  "  The  Senator  also  says,  that  the 
|M'ople  ill  this  I'ontilry  is  ihe  sovereign.  I  shall  lake  no  issue  wilh 
hilil  upon  thai  proposil  ion;  I  coneede  it  ill  the  fullest  cxieul .  Il  is 
one  ol  the  first  lessons  we  learn  afler  leaving  the  cradle;  it  is  as 
broad  in  its  operation  as  this  broad  land,  and  the  .sentiment  itself  is 
lirobably  one  of  the  last  wc  abandon  in  life.  But,  sir,  what  then? 
The  Senator  will  not  rcipiire  ihe  sovereign  pcojile  of  the  United 
;States  to  uxcreiso  all  their  right,  cithec  of  peace  or  war,  in  person. 


March  17.] 


THE  TEN  REGIMENT  BILL. 


359 


This  is  done,  und  must  be  done,  by  their  agents,  civil  ami  military, 
who  are  responsible  to  them  and  controlled  by  the  laws  they  choose 
to  establish.  And  if  our  sovereiijn  may  not  exercise  all  the  just 
powers  of  war  by  our  military  oflicers,  which  a  European  sove- 
reign may  exercise,  in  person  or  by  proxy,  it  follows  that  countries 
wiSi  monarchical  forms  of  gnvern'mcnt  have  important  rights  of 
independence  which  ih>  not  lielong  to  us.  I  di.ssent,  totn  crelo,  from 
any  such  doctrine,  and  from  any  principles  necessarily  leading  to  it. 
Wo  stand  on  the  broad  platform  of  n.itional  equality,  and  will  not 
yield  the  smallest  particle  of  our  rights  to  forein  pretensions,  royal 
or  imperial. 

Well,  sir.  our  army  commenced  its  operations.  It  may  over- 
run the  whole  hostile  country,  doing  all  those  deeds  of  distress  and 
death,  which  it  must  do  to  a  great  extent,  to  accomplish  the  ob- 
jects of  its  destination.  Whence  does  it  derive  the  right  to  do  all 
this,  let  me  ask  the  Senator  from  South  Carolina  ?  Not  from  the 
constitution  and  the  laws,  except  from  the  general  powers  I  have 
quoted  relating  to  war;  for  there  is  not  a  single  specilic  grant  in 
our  whole  code  looking  even  to  such  a  state  of  things.  Let  him, 
or  any  one  else,  put  his  finger  upon  that  clause  of  our  statute  book 
which  authorizes  an  American  soldier  to  kill  a  Mexican,  to  burn  a 
house,  or  to  seioe  and  hipld  a  city,  or  to  do  the  thousand  and  one 
acts  of  violence  which  go  to  make  up  the  condition  of  war.  Well, 
then,  even  without  specific  powers  from  our  sovereign,  our  army 
may  do  these  deeds  simply  because  a  war  exists,  and  they  are  its 
proper  incident.  No  other  grant  is  necessary.  Our  sovereign 
says  to  our  armed  citizens,  I  am  at  war;  go  forth  and  maintain  the 
honor  and  interest  of  your  country.  Now,  having  shown  what  an 
army  does  \ni  may  do,  I  may  call  upon  the  honorable  Senator  to 
show  what  it  may  not  do  within  the  limitations  I  have  laid  down. 
Ho  will  acknowledge  it  may  kill  a  Mexican,  not  because  it  is  ex- 
pressly authorized  to  do  so  by  law,  but  because  that  act  is  proper 
in  its  operations,  and  is  allowed  by  the  general  laws  of  warfare.— 
The  right  to  levy  supplies,  whether  of  money,  of  provisions,  of  fo- 
rage, of  clothing,  of  the  means  of  transportation,  and  of  other  ob- 
jects not  necessary  to  bo  enumerated,  belongs  to  the  state  of  war. 
No  one  will  deny  that  fact.  It  accompanied  the  first  and  last  ar- 
my that  ever  entered  the  battle  field,  and  will  accompany  every 
one  that  may  hereafter  follow  in  tho  same  career.  In  Europe  it 
has  been  common  in  later  years  to  subsist  and  support  armies  in 
the  enemy's  country,  and  there  have  been  cases,  and,  I  believe,  not 
a  few  of  them,  where  they  have  sent  home  to  the  national  treasu- 
ry large  sums  collected  during  their  progress.  The  allies,  on  the 
downfall  of  Napoleon,  levied  upon  France  a  contribution  of  l,.iOO,- 
000,000  of  francs.  Whenever  a  European  army  enters  an  enemy's 
country  it  calls  upon  the  municipal  author  ties  of  each  city  and 
town,  to  contribute  such  supplies  in  kind  and  such  amount  of  mo- 
ney as  it  chooses  to  demand,  under  the  penalty  of  military  execu- 
tion. That  threat,  I  believe,  has  never  yet  failed.  No  one  calls 
in  question  the  right  of  our  troops  to  take  supplies  in  kind  as  an 
incident  to  war.  Let  those  who  maintain  tho  distinction,  cither  in 
principle  or  practice,  between  supplies  in  kind  and  in  cash  show  it, 
and  show  where  is  the  power  to  demand  the  one  and  not  the  other 

Why,  sir,  the  error  of  the  Senator  from  South  Carolina  I  con- 
ceive to  be  this  : — He  seems  to  think  that  an  express  grant  of  pow- 
er from  the  sovereign  of  the  country  is  necessary  to  tho  exercise  of 
some  of  the  rights  ot  war.  If  to  some,  they  are  to  all;  for  the 
most  acute  mind  can  draw  no  line  between  them — I  mean  between 
those  usually  exercised  in  legitimate  warfare.  As  to  the  power  of 
tho  sovereign  to  restrain  the  use  of  these  means  of  carrying  on 
war,  or  to  prohibit  thoni  entirely,  there  can  be  no  doubt.  Con- 
gress, the  legislative  agents  of  our  sovereign,  may  at  any  time 
establish  an  entire  code  for  the  conduct  of  our  armies  in  hostile 
countries,  and  may  restrict  their  powers  within  tho  narrowest 
limits.  The  question,  however,  is  not  what  Congress  may  do,  but 
what  it  has  done.  It  has  yet  done  nothing  of  the  kind,  and  our 
troops  are  free  to  act  as  the  good  of  tho  country  may  require,  and 
as  the  incidents  belonging  to  a  state  of  war  fairly  permit.  The 
exercise  of  these  powers  is  of  course  vested  in  the  commanding 
oificcr,  unless  directed  or  restrained  by  superior  .authority  at'home. 
The  President  is  the  constitutional  commander-in-chief,  and  whe- 
ther present  or  absent  may  direct  the  operations  of  our  armies  and 
prescribe  the  mode  of  conduct  they  shall  adopt.  He  has  done  so 
in  the  present  ease. 

I  see  no  difl'crence,  sir,  in  tho  application  of  tho  general  princi- 
ple, arising  out  of  the  mode  in  which  a  contribution  is  enforced, 
whether  it  is  levied  by  the  agency  of  our  own  oflicers  or  of  Mexi- 
can officers,  tho  power  is  tho  same,  and  whether  upon  municipal 
authorities,  upon  classes,  or  upon  individuals.  Tho  fairer  and  the 
more  equal  is  the  mode,  tho  less  is  tho  injury  and  the  greater  the 
satisfaction.  And  an  American  army,  of  all  other  armies,  should 
seek  to  attain  its  object  with  the  least  distress.  The  contribution 
is  an  assessment,  and  all  must  pay  it,  who  are  subject  to  the  rules 
of  war.  And  it  is  the  nature,  and  not  tho  name  of  the  thing,  ,which 
determines  its  true  quality.  Call  it  as  you  please,  tax;  duty,  im- 
post, supply,  contribution,  or  what  not,  it  is  a  forcible  demand  of 
private  means,  made  by  an  army  in  an  enemy's  country  of  such  a 
nature  and  amount  as  the  commander  of  the  army  may  direct — 
rendered  more  acceptable  in  tho  present  instance  by  being  levied 
and  collected  in  conformity  with  the  Mexican  laws,  and  thus  ac- 
commodating itself,  as  far  as  possible,  to  Mexican  usages.  There 
never  was  a  better  form  of  contribution  than  that  which  we  have 
adopted— one  more  equal  in  its  operation,  or  loss  oppressive  in  its 
administration. 

Now,  sir,  what  is  the  objection  to  this  ?     I  vmderstand  there  are 
two  reasons  urged  by  the   Senator  from   South    Carolina   against 


the  course  of  the  administration  on  this  subject.  The  first  consti- 
tutional; and,  tho  second  political.  With  respect  to  the  first,  if 
I  comprehended  the  train  of  reasoning  pursued  by  tho  Senator,  he 
considers  tho  contributions  required  by  our  army  in  Mexico  jis 
taxes,  and  their  collection  as  an  oxcrci.sc  of  the  tax  levying  power 
conferred  only  upon  Congress  by  the  constitution.  I  cannot,  sir, 
for  myself  doubt  for  a  moment,  that  that  provision  of  the  constitu- 
tion is  confined  to  the  United  States.  As  I  have  alretuly  remarked, 
if  the  guarantees  of  that  instrument  accompany  our  armies,  we 
may  just  as  well  abandon  all  attempts  to  carry  on  ollcnsivc  oper- 
ahons  abroad,  as  our  aniiics  could  not  march  a  foot  wiihftut  find- 
ing themselves  surrounded  with  insuperable  obstacles.  Congress 
may  undoubtedly  prescribe  the  mode  in  which  forced  impositions 
shall  bo  collected  in  an  enemy's  country.  But  it  may  do  that,  not 
under  the  tax  levying  power,  but  under  tho  war  declaring,  and 
thence,  war  regulating  power.  It  may  jiut  an  end  to  the  practice, 
and  when  it  regulates,  or  prohibits  it,  its  decision  becomes  tlio 
law  of  our  armies  for  a  strict  obedience  to  which  every  one  with- 
in his  proper  sphere  is  responsible;  but  until  Congress  does  inter- 
fere the  right  and  its  exercise  depend  on  the  principles  I  have 
stated,  and  not  upon  anallogics,  verbal  or  substantial,  applicable 
only  to  a  dilTcrent  state  of  things.  I  cannot  but  remark  however, 
sir,  that  if  any  one  who  has  doubts  upon  this  question  will  run  his 
eye  over  the  constitution,  ho  will  see  at  a  glance,  that  its  powers 
and  protections  are  intended  not  for  a  foreign  country,  but  for  our 
own.  That  would  bo  a  strange  construction  indeed,  which  would 
give  to  the  Mexicans  the  right  "to  bo  secure  in  their  pcr.sons, 
houses,  &e.,"  to  a  speedy  and  public  trial  by  an  impartial  jury,  ttc, 
and  to  all  the  other  political  blessings  which  make  our  govorimicnt 
what  it  is.  And  who  shall  divide  tho  constitution,  and  tell  us 
what  portion  operates  abroad  as  well  as  at  home  ?  That  the  whole 
of  it  does  not  follow  our  armies  is  clearly  shown  from  the  conse- 
quences which  would  flow  from  such  a  construction.  There  is 
but  one  practical  solution  of  tho  dilficiilty ,  and  I  use  that  word  dilli- 
culty  in  deference  to  the  opinions  advanced  by  gentlemen  oi  the  most 
powerful  intellect,  ami  not  because  I  i'ecl  the  slightest  (hjulit  my- 
self; and  that  solution  is  to  confine  the  constitution  to  our  own 
country,  except  where  its  provisions  obviously  extcml  abroail;  and 
this  brings  us  again  to  tho  war  making  power,  which  wouUl  enable 
Congress  during  tho  continuance  of  hostilities  to  provide  at  its 
discretion  for  the  government  of  countries  held  by  our  armies. 

Tho  political  objection  urged  by  the  Senator  against  the  exer- 
cise of  this  power  is  founded  in  the  dangers  which  might  result 
from  it.  Well,  sir,  there  is  danger  in  such  a  power.  There  is 
danger  in  all  war  powers.  The  distinguished  Senator  in  a  speech 
last  .session,  which  few  will  ever  forget  who  heard  it,  depicted 
with  his  peculiar  force  tho  danger  of  triumphant  generals  return- 
ing with  conquering  armies;  even  his  grajihic  description  did  not 
appal  me,  for  our  generals  and  our  armies  are  but  eonstilueut  por- 
tions of  our  people,  and  I  trust  for  many  a  generation  will  mingle 
with  the  mighty  mass  of  American  freemen,  without  delay,  and 
without  reluctance,  as  soon  as  their  military  duties  are  terminated. 
But  there  are  greaterdangers  than  these,  and  first  among  them  is  the 
loss  of  national  honor.  Discard  your  military  means,  because  the 
pliiins  of  liberty  are  filled  with  the  crumbling  monuments  of  repub- 
lics, overthrown  by  a  disloyal  soldiery,  and  where  would  be  your 
own  safety  in  these  days  of  national  ambition  and  aggrandizement? 
From  my  own  views  of  our  institutions,  and  from  the  opinion  I 
have  formed  of  the  character  of  the  American  people,  I'ormcil  dur- 
ing an  active  life,  passed  under  circumstances,  which  brought  me 
into  contact  with  men  of  all  opinions  and  pursuits,  I  consider  the 
destruction  of  this  government  by  military  usurpation  as  ono  of  the 
very  last  evils  which  threatens  us — -to  be  apprehended  only,  when 
our  nocks  are  prepared  for  the  yoke,  and  vvheii  it  will  matter  little 
who  puts  it  on. 

The  President  may  abuse  this  power,  says  the  Senator.  Cer- 
tainly ho  may,  and  so  he  may  abuse  any  power;  but  powers  must 
be  granted,  though  they  may  be  abused.  If  any  ono  fears  that 
result  now,  let  him  prepare  a  legislative  remedy  to  prevent  it.  As 
that  is  not  my  case,  1  shall  not  volunteer  my  service's  fur  such  a 
work;  but  I  am  prepared  at  any  time  to  look  into  the  wli(de  mat- 
ter, and  to  hold  all  who  have  taken  a  part  in  it  to  a  strict  aeeount- 
ability.  The  President  desires  nothing  else,  nor  his  political 
friends  for  him;  and  I  predict  that  any  investigation  will  but  com- 
mend the  administration  the  more,  to  tho  confidence  of  the  ctnuitry. 
But  let  not  a  most  important  right  belonging  to  the  American 
people,  and  one  which  may  be  essential  to  their  military  success, 
be  cast  to  tho  winds,  because  some  time  or  other,  or  some  where 
or  other,  abuses  may  grow  out  of  its  exercise. 

In  our  investigation  into  tho  origin  of  this  war.  there  are  two 
separate  questions  which  present  themselves  for  consideration  ; 
one,  which  may  he  termed  externr.l.  and  the  other,  internal.  Tho 
former  connects  itself  with  us  as  a  people,  whose  character  and 
conduct  have  been  arraigned  before  the  world,  and  the  latter  con- 
cerns ourselves  alone,  as  it  relates  to  the  course  of  the  Executive 
in  the  earlier  measures  which  led  to  the  war.  The  war  itself  may 
bo  just,  and  we  stand  acquitted  of  every  charge  of  aggression  ; 
while  tho  President  may  have  passed  beyond  the  limits  of  his  con- 
stitutional duty,  and  assumed  to  direct,  where  Congress  alone  had 
the"power  to  act.  By  far  the  most  important  question  touches 
the  character  of  our  country,  and  this  involves  the  justice  of  the 
war.  Tho  subject  itself  is  a  fruitful  one,  and  has  been  so  often 
examined  and  exhausted,  that  it  requires  some  moral  courage  to 
discuss  it  even  briefly.  I  shall  endeavor  to  compress  my  remarks 
within  the  narrowest  space,  confining  myself,  as  much  as  may  be, 
to  propositions  rather  than  to  illustrations. 


360 


THE  TEN  REGIMENT  BILL. 


[Friday, 


Had  we  cause  of  war  against  Mexico?  It  lias  been  said,  and 
ii|pon  lliis  flour,  that  to  fC'vc  just  cause  of  war  lliore  must  be  a  clear 
rii:lit  tjoiipled  with  a  sort  of  necessity  before  a  resort  is  had  to  lliis 
extreme  necessity.  Such  general  considerations,  however,  as  this, 
amoiuit  to  very  little  in  iiuidin<j  the  conduct  of  nations,  as  a  slight 
an:ilysis  of  this  jirineiple  will  show.  The  honorable  Senator  him- 
self who  advanced  it,  conetnlcs  that  we  had  a  clear  riiiht,  and  if 
a  ''sort  of  necessity"  to  enforce  it  had  been  coupled  with  this,  we 
should  have  stood  justified  in  the  eyes  of  the  world  had  we  deela- 
ret!  war  a<^ainst  Mexico  years  ago.  And  what  is  lliis  "sort  of 
necessity,"  without  which  iho  ri<ilit  is  to  remain  barren?  Why,  I 
take  it,  if  thirty  years  of  a}j£;ression  on  €)no  side  and  of  remon- 
strance on  the  other,  do  not  constitute  this  necessity,  it  would  be 
vain  to  seek  it  in  any  war,  undertaken  in  modern  times. 

The  fact  is,  sir,  the  ipiestion  of  war  is  a  complicated  one,  into 
which  considerations  of  ri;;ht  and  expediency  enter  larirely,  if  not 
equally.  If  one  nation  injures  another,  and  refuses  or  unreasona- 
bly delays  to  make  satisfaction,  this  gives  to  the  injured  power 
just  cause  of  war.  But  whether  she  sliall  undertake  it,  depends 
upon  her  own  position — on  that  of  her  adversary — on  the  magni- 
tude of  ihe  injury,  anil  freipiently,  on  other  circumstances,  political 
or  tinancial,  which  it  would  be  useless  to  specify,  and  impossible 
to  enumerate.  Nations  must  and  will  judge  for  themselves  under 
the.se  cireunistancKS,  as  well  of  the  right  itself,  as  of  the  "sort 
of  necessity"  there  may  be  of  enforcing  it.  The  right  once  estab- 
lished, and  that  the  gentleman  himself  concedes  in  this  case,  the 
resort  to  force  is  a  question  rather  of  discretion  than  of  morals, 
as  it  is  a  remedy  consequent  upon  the  violation  of  national  rights 
It  is  too  late  to  tell  us,  sir,  that  we  had  no  just  cause  of  war. 
SuccessiTC  administrations  of  the  goTcrnment,  and  the  voice  of 
the  American  people  have  pronounced  an  irrevocable  judgment 
upon  that  question. 

Our  complaints  against  Mexico  commenced  nearly  with  the 
comracneement  of  her  independence.  They  go  back  to  the  year 
JS17,  and  come  down  to  the  present  day  in  almost  one  uninter- 
rupted series  of  outrages.  I  shall  not  state  them  scridtim.  nor 
enter  into  the  detail  of  their  nature  and  extent.  This  has  been 
repeatedly  done,  and  the  olficial  documents  are  before  the  country. 
I  will  merely  classify,  from  an  able  report  made  by  Mr.  Forsyth 
in  1817,  the  various  heads  of  complaints,  which  will  present  the 
general  aspect  of  the  subject. 

1.  Treasure  belonging  to  citizens  of  the  United  States  has  been 
seized  by  Mexican  oilieers,  in  its  transit  from  the  capital  to  the 
coast. 

2.  Ves.sels  of  the  United  States  have  been  captured,  detained, 
and  condemned,  upon  the  most  frivolous  pretext. 

3.  Duties  have  been  exacted  from   others,  notoriously   against 
■  law,  or  without  law. 

4.  Other  vessels  have  been  employed,  and  in  some  instances 
ruined,  in  the  Mexican  service,  without  compensation  to  the 
owners. 

6.  Citizens  of  the  Uniled  Slates  have  been  imprisoned  for  long 
periods  of  time,  without  b(ung  inhumed  of  the  ollenees,  with  which 
they  were  charged. 

6.  Other  citizens  have  been  murdered  and  robbed  by  Mexican 
olficcrs  on  the  higli  seas,  without  any  attempt  to  bring  the  guilty 
to  justice- 
General  Jackson,  in  a  message  to  Congress  in  1837,  stated  that 
these  causes  of  comiilaint  "  would  justiiy,  in  the  eyes  of  all  na- 
•  tions,  immediate  war."  This  sentiment  was  fully  concurred  in  by 
the  Clommittee  of  Foreign  Relations  of  the  House  of  Representa- 
tives, who  said  "  that  ample  cause  exists  for  taking  war  into  onr 
own  hands;  and  we  hqliove  that  we  shall  be  justilied  in  the  opinion 
of  other  natiims,for  taking  such  a  step  " 

President  Van  Kurcn,  in  December,  IS37,  distinctly  told  Con- 
gress teat  redress  was  beyond  the  reach  of  the  Executive,  and 
could  only  he  obtained  by  the  action  of  Congress,  which  action 
must  of  course  have  been  war. 

As  lo  the  conventions  which  have  since  been  made  by  the  two 
countries,  and  violated  by  Mexico,  I  need  not  enter  into  their  his- 
tory. They  are  fresh  in  the  recoUection  of  all.  These  three  con- 
ventions, by  the  inlidelity  of  the  Mexican  government,  have  proved 
nearly  fruilless;  n.nd  alter  thirty  fyears  of  injury  on  the  one  side, 
and  of  rernonstranci!  cpii  the  other,  there  is  nothing  lelt  to  us  hut  to 
abandon  all  hope  of  redress,  or  to  obtain  it  by  a  vigorous  prosecution 
of  the  war.  Who,  then,  shall  say  to  us  that  we  have  commenced 
a  war  unjustly,  wliicli  was  in  fact  comiiieneed  by  the  enemy,  and 
which,  even  had  it  been  declared  by  us,  would  have  been  justified 
by  the  praetic^o  ipf  nations,  and  by  the  injuries  we  had  sustained) 

I  do  not  intend,  Mr.  President,  to  be  led  into  the  discussion  of 
any  polemics,  respecting  the  wickedness  of  war.  1  leave  that  to 
the  schools  and  the  debating  societies.  I  am  eonlenl.  and  if  not, 
1  am  compelled  to  take  things  as  they  arc,  as  they  have  been,  and 
as  they  will  be.  Sent  here  as  practical  men  to  deal  with  the  in- 
terests of  our  country,  wo  must  not  be  diverted  from  the  true  path 
marked  out  by  the  experieiico  and  the  usages  of  the  world,  by 
crude  speculations  and  misplaced  philanthropy.  We  were  ag- 
grieved and  injured,  and  could  obtain  no  redress  j  and  wo 
were  entitled  lo  take  our  remedy  into  our  own  hands,  in  -oriler 
to  obtain  th.it  justice  which  was  pertinaciously  withheld  from 
us.  The  most  Kuperlieial  reader  of  modern  history — the  most 
casual  observer  of  passing  events,  must  know  that  outrages  lar 
.less  flagrant  in  their  character,  than  tliose  comnutled  by  Mexico 
against  us,  have  occasioned  halt  tile  wars  of  modern  tunes. 

But,  sir,  I  am  well  aware  that  these  considoralimis  apply  only 
to  our  just  right  to  declare  war  against  Mexico  at  any  time,  within 


the  last  twenty  years.  We  did  not  commit  the  offensive.  Mexi- 
co herself  struck  the  first  stroke,  and  why?  Because  Texas 
was  annexed  to  the  United  States.  I  recollect  the  gentlemen 
on    the    other    side    of    the  chamber    thought   there    was   some 

fluttering    in   our   ranks,    when    this  avowal  was    first   made. 

But  there  was  none  whatever,  sir.  We  concede  the  projwsi- 
tion  in  its  fullest  extent,  that  this  annexation  was  the  cause  of 
war.  How  then,  sir,  stands  this  great  question,  as  to  the  justice 
of  its  commencement  ? 

I  will  not  trespass  upon  the  patience  of  the  Senate  by  present- 
ing this  subject  in  all  its  details.  I  will  ;tga'n  compress  my  views 
into  a  series  of  propositions,  and  thus  spare  your  time  and  my 
own. 

Texas,  a  constituent  portion  of  the  Mexican  republic,  declared 
itself  independent,  as  Mexico,  a  constituent  portion  of  the  Spanish 
monarchy,  had  done  before  it,  and  asserted  and  maintained  its 
rights  by  a  revolution. 

The  war  between  these  two  powers  continued  for  some  time, 
with  varying  success,  till  1836,  when  a  Mexican  army,  led  by  the 
chief  magistrate  of  ;lie  republic,  was  conquered,  and  dispersed  or 
made  prisoners,  and  the  etnnmander  himself  captured. 

After  the  month  of  June  of  that  year,  Texas  continued  in  the 
undisturbed  possession  of  her  independence,  and  no  effort  was 
made  to  reduce  her,  not  a  single  Mexican  party,  with  the  excep- 
tion, I  understand,  of  two  predatory  incursions  having  since  ever 
made  an  inroad  into  her  territory.  The  war  was  in  fact  at  an 
end. 

In  the  meantime,  the  independence  of  Texas  was  acknowledged 
by  the  United  States,  and  by  some  of  the  other  principal  powers 
of  the  world;  and  she  was  permitted  to  take  her  equal  station 
among  the  nations  of  the  earth. 

In  eases  of  revolution,  where  one  portion  of  a  nation  is  endeavor- 
ing to  separate  itself  from  another,  while  the  contest  is  going  on, 
and  each  party  is  exerting  itself  to  attain  its  object,  it  is  the  duty 
of  other  powers  to  look  on,  and  not  to  interfere  in  favor  of  one  side 
or  the  other.  But  there  is  a  limit  to  this  duty.  Such  eouiests  can- 
not be  permitted  forever  to  continue.  The  peace  of  the  world  for- 
bids it,  and  there  are  instances  on  record  where  other  nations  have 
said:  This  struggle  has  continued  long  enough.  It  must  now  be 
terminated,  and  the  revolting  people  be  seciirrcd  in  their  indepen- 
denee.  But  there  it  still  another  limit  to  this  duty  of  non-interference, 
and  that  is  the  abandonment  by  the  original  government  (pf  all  at- 
tempts to  reduce  by  force  its  revolting  citizens.  The  abandon- 
ment of  the  remedy  is  the  abandonment  of  the  right.  The  peace 
of  the  world  cannot  bo  put  to  hazard  by  the  pcrtuia.cious  obstinacy 
of  any  nation,  which  holds  on  to  nominal  claims,  without  the  pow- 
er and  the  disposition  to  maintain  them.  The  neutral  duties  exist 
on\y  Jla^ranlc  bcllo.  And  wlieii  the  war  ceases,  the  previous  re- 
lations of  the  two  States  cease,  and  they  become  like  other  nations 
— "enemies  in  war,  in  peace  friends."  When  Texas  was  annexed 
to  this  confederacy,  this  was  her  relation  to  Mexico,  and  she  had 
the  same  right  to  form  treaties  of  alliance  or  annexation,  as  had 
the  people  from  whom  she  had  separated.  "If  these  things  are 
so,"  the  union  of  Texas  and  this  country  was  no  just  canse  of 
olTence  to  Mexico,  and  gave  her  no  right  to  complain  of  our 
conduct. 

And  this  view  is  fortified  by  an  incident,  clearly  indicative  of  the 
public  opinion  in  Mexico  of  the  value  of  her  right  to  subjun-ate 
Texas.  While  the  (juesiion  of  annexation  between  this  latter 
power  and  the  United  States  was  pending,  Mexico  offered  to  ac- 
knowledge the  independence  of  Texas,  if  she  would  engage  not  to 
join  the  American  confederacy.  This  olFcr  was  in  fact  the  very 
acknowlegement  it  propcsed  to  make  conditionally.  It  conceded 
the  inability  of  Mexico  to  enforce  her  claim  of  sovereignty,  while 
it  asked  as  the  condition  of  recognition  the  surrender  of  the  right 
to  direct  its  future  political  destiny,  as  might  seem  most  accepta- 
ble to  its  people. 

So  much  for  the  general  subject  of  annexation,  and  the  rights 
and  duties  growing  out  of  it. 

But  it  has  been  said,  not  in  Mexico,  but  here,  that  the  origin  of 
this  war  was  not  in  the  annexation  of  Texas,  but  because  we  car- 
ried her  boundary  to  the  Rio  Grande,  and  took  jippssession  of  the 
country  between  the  Nueces  and  that  river  Who  says  this; 
Mr.  President?  Not  the  government  or  people  of  Mcxicpp, 
but  citizens  of  our  own  country,  who  find  a  cause  of  of- 
fence forthe  enemy  which  they  have  failed  to  discover  fin-  them- 
selves. The  Nueces  is  an  American,  niPt  a  Mexican  boundary. 
The  Texas  of  Mexico  was  Texas  to  the  Sabine,  with  no  interme- 
diate boundary.  In  all  the  communications  with  the  Mexican  go- 
vernment, as  1  have  had  occasion  to  say  before,  no  distinction  is 
made  between  the  Nueces  and  the  Ricp  (Irande.  And  the  oecU|)a- 
tion  by  our  forces  of  the  I'cpuntry  Ipctweeii  these  rivers,  was  never 
presented  as  an  exclusive  cause  of  complaint,  nor  indeed  noticed  in 
any  manner  whatever.  It  was  the  annexation  and  occupation  of 
Texas,  and  lupl  of  any  |iarlieiilar  portion  of  Texas,  which  led  to 
the  reclamations  and  finally  to  the  hostilities  of  Mexico.  It  was 
a  question  of  title  and  not  of  boundary  ;  a  claim  of  right,  which 
went  for  tho  whole  and  would  nevi'r  be  satisfied  with  the  relin- 
quishment of  a  part.  When  the  act  for  annexation  passed,  the 
Mexican  minister  m  this  (ountry  immediately  protested  against 
that  measure  ;  declared  it  to  be  just  cause  of  war,  and  at  the 
samo  time  demanded  his  passports  and  left  the  cipuntiy.  And  the 
supreme  gcpvermup'nt  ppf  Mi'xieo  in  Mari-h  lS4(i  informed  Mr.  Sli- 
dell  that  it  looked  "upon  annexation  :rs  a  cauM  belli  ;  and  a.s  a 
conseiiuenee  of  this  doclaratimi,  negotiation  was  by  its  very  nature 
at  an  end,  and  war  was  tho  only  rucoiu'so  of  tho  Mexican  govern- 


March  17.] 


THE  TEN  REGIMENT  BILL. 


361 


nient."  And  in  conformity  with  those  views,  forces  ■were  collected 
upon  ihc  Rio  Grande,  in  order  that  Mexico  might  take  the  "initia- 
tive" in  hostihties  against  ns,  to  borrow  the  expression  of  General 
Paredes  in  his  orders  to  the  commandini;  General.  And,  sir,  these 
warnings  and  threatcnings  were  no  vain  declarations.  Mexico 
said  what  .she  would  do  and  she  did  as  she  said.  She  declared  to 
us  that  if  we  annexed  Texas  she  would  go  to  war.  We  annexed 
Texas,  and  she  went  to  war.  As  early  as  April  1846  and  before 
the  movement  of  General  Taylor  could  have  been  known  in  Mex- 
ico, her  President  directed  the  General  upon  the  frontier  to  "at- 
tack" our  army  by  every  means  which  war  permits. 

Who  then,  sir,  has  a  right  to  say  what  the  Mexican  govern- 
ment has  never  sai<l,  that  th(!y  went  to  war,  not  because  we  an- 
nexed Texas,  but  because  we  took  possession  of  the  country  west 
of  the  Nueces?  In  all  the  diplomatic  correspondence  between  the 
two  governments,  there  is  no  allusion  to  that  river  nor  is  any 
greater  claim  advanced  to  one  of  its  banks,  than  to  the  other. 
Why  then,  when  our  country  is  summoned  to  trial  at  the  bar  of 
the  public  opinion  of  the  world,  why  should  the  American  Senate 
swell  the  catalouge  of  an  enemy's  grievances,  and  make  out  a  bet- 
ter case  for  Mexico  than  .she  has  made  for  herself?  In  our  endea- 
vor to  do  right  to  others,  let  us  not  do  wrong  to  ourselves.  Let 
us  distrust  our  own  judgment  when  we  find  ourselves  inclined  to 
take  a  more  favoraldc  view  of  the  cause  of  Mexico,  than  she  has 
taken  for  herself.  Let  us  yield  to  justice,  what  we  refuse  to  pa- 
triotism. There  is  no  want  of  shrewdness  in  Mexican  statesmen. 
They  have  made  the  best  of  their  own  case  ;  and  if  they  have 
omitted  the  passage  of  the  Nueces  in  the  catalogue  of  their 
wrongs,  we  may  be  sure  it  was  no  special  wrong  in  their  eyes  ; 
and  that  it  was  not  because  we  crossed  that  river,  but  because  we 
entered  Texas,  that  our  enemy  attacked  us,  and  thus  commenced 
the  war. 

The  question  of  the  title  of  Texas  to  the  country  extending  to 
the  Rio  Grande,  has  been  several  times  elaborately  discussed  be- 
fore the  Senate,  but  never  more  ably  than  by  the  honorable  Sena- 
tors from  Maryland,  and  Texas,  [Messrs.  Johnson  and  Rusk  ]  I 
listened  with  great  pleasure  to  their  exposition,  and  I  am  content  to 
leave  the  subject  where  they  left  it.  Altogether  satisfied  with  the 
views  they  presented  and  equally  satisfied,  that  I  can  add  nothing  to 
their  force  or  clearness. 

What  judgment  then  are  we  to  pronounce  upon  the  measures 
which  were  directed  to  be  taken,  by  the  President  previously  to 
the  commencement  of  the  war  by  Mexico  ?  This  question  is  in 
fact  a  double  one  involving  two  considerations,  one,  alTecting  our  re- 
lations with  other  countries,  and  the  other  our  own  institutions  only. 
The  former  touches  our  character  and  conduct  before  the  nations 
of  the  earth,  while  the  latter  relates  only  to  ourselves. 

This  war  was  commenced  by  Mexico,  that  is,  Mexico  first  at- 
tacked our  troops,  but  I  agree  that  if  we  pushed  an  armed  lorco 
within  the  Mexican  frontier  without  cause  that  measure  throws  on 
us  the  gudl.  of  this  war.     How  stands  this  matter  ? 

1.  It  seems  now  to  be  generally  agreed  on  all  hands  that  the  mere 
annexation  of  Texas  gave  to  Mexico  no  just  cause  of  war,  and  it 
follows  that  if  its  bound.aies  extended  to  the  Rio  Grande,  then  wo 
did  only  what  we  had  a  right  to  do  in  marching  our  forces  to  that 
river,  and  are  not  responsible  for  results.  Both  of  these  points  I 
have  noticed,  and  the  last  has  been  conclusively  established  by  the 
excellent  views  taken  of  the  title  of  Texas  by  the  Senators  to 
whom  I  have  referred. 

2.  If  the  title  to  the  country  from  the  Nueces  to  the  Rio 
Grande  was  in  dispute  between  the  parties — and  I  believe  no  one 
liere  has  ventured  to  deny  that  we  had  some  well  founded  claims 
to  it — ^and  Mexico  was  preparing  to  take  possession  of  it,  we  had  a 
right  to  anticipate  her,  and  thus  to  assert  our  own  title. 

3.  But  takmg  the  strongest  ground  against  ourselves,  that  we 
had  no  title  whatever  to  the  Rio  Grande,  still  we  had  a  right  to 
go  there  if  we  considered  such  a  measure  necessary  to  our  delence, 
and  if  the  preparations  of  Mexico  announced  a  design  to  attack  us. 

Did  they  .announce  such  a  determination  ?  No  one  here,  sir,  will 
deny  that  fact.  I  shall  not  detain  the  Senate  with  the  various 
proofs  spread  through  the  history  of  our  intercommunication  with 
Mexico,  from  the  first  suggestion  respecting  annexation  till  her 
army  crossed  the  Rio  Grande  in  order  of  battle.  The  protest  of 
her  minister  here — the  declaration  of  her  governipent — its  formal  an- 
nunciation to  the  European  diplomatic  agents  accredited  to  it— the 
public  order  of  its  generals,  and  the  collection  and  movement  of 
Its  forces,  left  no  doubt  of  its  designs,  and  if  they  had  the  residt 
would  have  disclosed  them. 

The  movement  of  our  troops  under  these  circumstances,  became 
a  defensive  measure  ;  for  as  has  been  well  remarked  by  the  honor- 
able Senator  from  South  Carolina  (Mr.  Butler,)  it  is  not  neces- 
sary for  the  justification  of  a  nation  that  it  should  await  an  im- 
pending attack.  That  power  in  fact  commences  the  war,  which 
makes  the  first  ihreatenmg  preparations  for  it,  and  not  the  one 
which  merely  strikes  the  first  stroke.  If  a  government  collects  its 
Ibrces,  marches  them  to  its  frontier,  and  makes  public  preparations 
for  passing  it,  and  thus  for  war  ;  at  the  same  time  openly 
avowing  its  determination  to  commence  it  ;  both  the  reason  of 
mankind  and  the  usage  of  nations,  authorize  the  people,  whoso 
peace  is  thus  threatened,  to  anticipate  their  adversary,  and  to  repel 
the  threatened  attack,  by  an  attack  of  their  own.  This  course  is 
strictly  defensive,  and  modern  history  abounds  with  examples  il- 
lustrative of  the  principle. 

So  much  for  the  question  between  us  and  Mexico  as  to  the  com- 
mencement ol  the  war. 

As  to  the  internal  question  relating  to  the  conduct  of  the  Presi- 
30th  Cong. — 1st  Session — No,  46. 


dent,  it  admits  of  but  one  answer.  That  cases  may  occur  in  which 
it  is  his  duty  under  his  constitutional  power,  to  repel  an  actual  or 
threatened  invasion  before  Congress  can  act  upon  the  subject,  no 
one  can  doubt,  and  for  myself  I  could-  never  see  any  just  constitu- 
tional or  legal  objections  to  the  cour.se  he  pursued  in  this  v\-hole  af- 
fair. But  there  is  one  other  consideration  which  is  decisive,  and 
that  is,  that  the  orders  for  the  movement  of  the  troops  to  the  Rio 
Grande  were  given  by  the  President  on  the  13th  of  January,  IS46, 
and  thirteen  days  before  that,  an  act  of  Congress  had  been  passed 
recognizing  our  jurisdiction  west  of  the  Nueces.  It  was  ihr*  duty 
of  the  Executive  to  carry  it  into  eireet,and  thus  consider  the  boim- 
dary  of  Texas  as  extended  beyond  that  river. 

As  the  "initiative"  was  taken  by  our  adversary,  we  took  the  defen- 
sive, and  the  attack  being  inevitable,  it  was  for  us  to  choose  where 
to  receive  it.  Such  I  repeat  is  the  law  of  nations,  and  such  the 
practice  of  nations. 

So  much  for  the  commencement  of  the  war. 

I  had  anticipated  many  modes  of  attack  upon  the  administra- 
tion, and  many  avowed  causes  of  censure;  but,  I  must  confess,  I 
had  not  anticipated  the  charge  of  the  honorable  Senator  from  Ma- 
ryland, [Mr.  Johnson.]  that  the  administration  had  proved  itself 
feeble  or  inefTicient,  and  that  the  war  had  not  been  vigorously  pro- 
secuted. I  am  not  going,  sir,  to  undertake  a  refutation  of  this 
charge.  I  leave  that  to  the  people  who  sent  us  here,  an<l  the 
measure  of  whose  glory  has  been  filled  by  brilliant  achievements 
which  will  yield  in  their  renown  to  few,  if  any,  of  the  great  mar- 
tial feats  of  our  ago.  "We  have  had  an  ostentatious  and  a.sserled 
vigor,"  says  the  honorable  Senator,  "but  we  have  had  nothing  else 
so  far  as  the  President  is  concerned.'' 

An  ostentatious  and  asserted  vigor !  Well,  this  is  a  strange 
world,  and  in  my  time  I  have  seen  and  heard  many  strange  things 
in  it  ;  but  I  have  heard  few  stranger  things  than  this  The  act 
recognizing  war  was  passed  on  the  13th  day  of  May,  1846,  twen- 
ty months  ago.  At  that  time  we  had  an  army  whose  total  of  rank 
and  file,  consisted  of  7, .523  men.  They  occupied  thirty-seven  forts 
and  positions  in  the  interior  of  the  United  Stales,  and  upon  our 
inland  and  seaboard  frontier,  comprehending  a  space  almost  equal 
to  half  Europe.  And  the  portion  of  this  force  under  General  Tay- 
lor upon  the  Nueces  amounted  to  3,001  men.  This  was  our  pre- 
paration for  meeting  the  war.  All  else  had  to  be  collected  or  cre- 
ated. Recollect,  sir,  that  our  situation  is  far  different  from  that 
of  the  martial  powers  of  Europe.  War  is  then^  both  a  trade  and 
a  science,  and  its  governments  arc  always  prepared  to  meet  con- 
tingencies which  cannot,  indeed,  be  foreseen,  but  which,  if  not 
provided  for,  bring  ruin  and  disaster  in  their  train.  At  one  time 
the  people  of  Franco  were  a  great  army— the  country  a  vast  camp 
— the  cities  and  towns,  arsenals  and  magazines,  and  the  fields 
sources  of  supply  for  the  immense  living  machine,  whose  move- 
ments were  always  so  tremendous  and  often  so  irresistiiilc.  Well, 
sir,  we  had  nothing  of  all  this.  We  had  no  army,  for  our  littlo 
force  scarcely  deserved  the  name.  We  had  no  conscription  by 
which  to  increase  it.  And  all  the  malerid  necessary  for  the  sub- 
sistence and  transportation  and  operations  of  our  troops,  had  to 
be  collected  through  the  country  and  conveyed  to  a  distant  .scene 
of  operations.  This  scene  is  3,000  miles  oil",  and  little  did  the 
government  or  the  country  know  of  the  condition  of  Mexico — of 
its  fortresses  or  their  state  of  preparation — of  its  armies  or  their 
state  of  efficiency  or  discipline — of  the  roads,  the  bridges,  the 
means  of  transportation  and  subsistence,  and  the  thousand  other 
points  essential  to  military  operations,  and  which,  in  the  various 
countries  of  Europe,  are  studied  and  known. 

Now,  sir,  in  the  face  of  all  these  obstacles,  what  have  wo  done? 
We  have  sent  our  troops  to  the  shores  of  the  Pacific,  by  routes 
across  the  continent  and  around  Cape  Horn  ;  we  have  subdued 
Upper  and  Lower  California  and  New  Mexico  ;  we  have  taken 
possession  of  the  rich  and  populous  districts  upon  the  Rio  Grande  ; 
we  have  carried  the  war  into  the  heart  of  the  republic,  after  at- 
tacking and  reducing  the  renowned  fortress  which  commands  its 
principal  maritime  entrance,  the  capture  of  which  alone  was  glory 
enough  for  France  ;  we  have  taken  its  capital,  dispersed  its  ar- 
mies, made  its  government  a  fugitive,  and  reduced  to  subjection  a 
large  portion  of  its  population  ;  we  have  fought  at  least  fourteen 
important  actions,  of  which  eight  were  pitched  battles,  and  in 
every  one  there  was  a  disparity  of  force  against  us,  and  in  many 
an  inequality  which  carries  us  back  for  similar  examples  of  despe- 
rate struggles  to  the  early  ages  of  the  world — to  the  combats  of 
the  Greeks  and  the  Persians — ^which  they  resemble,  rather  than 
the  conflicts  which  the  severe  truth  of  modern  history  judges  and 
records.  We  have  captured  a  score  of  great  cities,  some  of  them 
fortified  and  defended  and  capable  of  strong  resistance.  Time 
would  fail  me  to  tell  all  we  have  done,  nor  can  it  be  necessary, 
for  is  it  not  already  written  in  imperishable  letters  upon  the  re- 
cords of  history,  and  in  burning  and  shining  characters  upon  the 
heart  of  every  American  ?  Yet  you  have  not  done  enough,  says 
the  honorable  Senator  from  Maryland  to  the  administration  ;  you 
have  not  prosecuted  the  war  with  sufficient  vigor.  You  have  done 
too  much,  says  the  honorable  Senator  from  South  Carolina  ;  you 
have  prosecuted  the  war  too  vigorously  ;  so  much  so,  indeed,  that 
the  great  danger  we  have  now  to  apprehend  is  the  annihilation  of 
Mexican  national  independence,  and  the  annexation  of  the  whole 
Mexican  territory  ;  and  the  only  remedy  for  the  false  position  in 
which  your  untimely  energy  has  placed  us,  is  an  abandonment  ol 
much  you  have  gained,  and  a  retreat  behind  a  line,  where  you  can 
curb  your  martial  propensities  and  restrain  your  desire  lor  aggran- 
dizement. I  shall  not  thrust  myself  into  this  controversy — it  is  in 
better  hands  than  mine — but  I  inust  confess  it  appears  to  mo  that 


362 


THE  TEN  REGIMENT  BILL. 


[Friday, 


the  Senator  from  South  Carolina  !s  much  nearer  the  mark  than  the 
Senator  from  Mirylainl;  and  that  our  offence,  if  one  there  be,  is  an 
offence  of  commission  and  npt  of  omission. 

Now.  if  the  Senator  from  Maryland  thinks  all  this  success  is  not 
glory  enough  for  twenty-two  short  months,  he  must  shut  the  panes  of 
history,  and  go  back  to  llie  iUtiulous  ages,  or  open  ihc  volumes  of 
imagination,  and  of  a  highly  sulilimated  imagination,  too,  lieforo 
he  can  find  a  .series  of  opcraiiuns  worthy  of  tlie  standard  of  mili- 
tary glory,  which  he  seems  to  have  prepared  for  himself  The  la- 
bors of  Hercules  shrink  into  insignificunoe  wlien  compared  with 
his  model. 

And  now  for  the  future  What  are  we  to  do  ?  We  are  to  do 
just  what  other  nations  always  have  done  and  always  will  do  in 
circumstances  similar  to  our  own.  We  have  to  prosecute  the  war 
vigorously,  eflicierilly,  ])r(miplly,  till  the  IVIexican  people  are  satis- 
fied of  their  inability  to  resist  us,  and  are  disposed  to  make  a  rea- 
sonable peace.  There  is  a  point,  sir,  in  military  operations,  and 
■we  must  reach  that  point  if  necessary,  where  pertinacious  obsti- 
nacy will  be  overcome,  and  where,  as  J  have  already  said,  submis- 
sion is  cheaper  than  resistance.  I  think  I  heard  it  said,  sir,  upon 
this  floor,  that  we  had  got  the  victim  down,  and  he  was  exhausted 
and  spiritless,  and  that  we  were  preparing  to  plunge  a  bowie- 
knife  into  his  heart.  This  language  is  in  had  taste,  sir,  and  the 
allusion,  it  seems  to  me,  wholly  unfounded.  We  have  got  no 
prostrate  victim,  and  are  preparing  for  no  assassination.  We  are 
fightuis;  tlie  Mi'X)<'aiis  and  ihey  are  fighting  us,  or  at  any  rate 
claim  to  be  fighting  us,  and  refuse  all  tlie  offers  we  make  to  treat 
with  them.  They  compel  us  either  to  close  the  war  dishonorably, 
or  to  prosecute  it  inexorably.  It  is  objected  here  and  elsewhere, 
as  a  practical  difficulty,  that  there  is  no  government  to  negotiate. 
But  this  is  not  so,  sir  ;  the  difTiculty  lies  beyond  the  government. 
There  arc  acknowledged  rulers  with  authority  enough  to  treat, 
were  they  disposed  to  do  so,  as  the  recent  result  has  shown.  And 
why  have  they  not  been  so  before  ?  Because  the  public,  so  far  as 
there  is  one,  is  adverse  to  the  measure.  The  honor.ablc  Senator  from 
Mississippi,  w-ith  his  knowledge  of  the  Mexican  character,  has  mail* 
known  to  us  one  characteristic  trait  which  explains  the  infatuation 
that  prevails  in  that  country  ;  and  that  is.  an  overweening  vanity 
— a  settled  conviction  of  their  superiority  to  us — and  a  proneness  to 
attribute  their  reverses  to  any  thing  rather  than  their  own  imbecil- 
ity. So  much  for  the  masses.  The  more  inl'ormed  portions  of  so- 
ciety may  well  study  the  doctrine  of  chances  and  looking  to  the  divi- 
sions,  which  prevail  in  our  concils,  and  to  the  opposition  which  the 
legislative  measures  of  the  war  encounter,  may  flatter  themselves 
that  our  exertions  will  become  relaxed  and  the  Executive  unable 
to  prosecute  any  further  operations. 

The  remedy  for  all  this  is  a  palpable  one  ;  it  is  founded  inhuman 
nature  : — increase  your  force — extend  your  operations — overrun 
district  after  district — establish  your.sslf  in  cily  after  city — awaken 
the  Mexicans  from  their  lethargy  of  false  hope,  and  let  them  feel 
that  they  have  no  recourse  but  to  do  us  justice.  And  add  to  all 
this,  union  In  our  councils  at  home,  which,  after  all,  is  the  first  ele- 
ment of  prompt  success.  Postpone  our  internal  difliculties  till  our 
external  ones  are  adjusted.  One  unanimous  vote  in  each  of  these 
two. halls,  evincing  a  determination  to  prosecute  the  war  with  all 
our  strength  would  be  better  tlian  an  army  with  banners.  It  would 
be  a  moral  force  that  would  proclaim  our  power  and  comiucr  the 
peace  we  so  much  desire.  My  life  for  it,  if  we  do  this,  we  shall 
succeed  in  three  months  ;  we  shall  find  a  government  ready  enough 
to  ratify  the  treaty  or  to  make  another,  and  a  nation  ready  enough 
to  observe  its  stipulations.  Mexicans  are  like  all  other  people, 
and,  as  I  remarked  a  few  days  .since,  they  must  sow  and  reap,  and 
be  clothed  and  preserve  the  institulions  of  society  and  the  cherish- 
ed relations  of  social  life.  Th-y  tlo  not  all  mean  to  be  killed,  nor 
voluntarily  to  abandon  every  thing  that  makes  life  desirable.  Let 
us  go  on,  then,  and  time  and  pcr.severance,  we  may  hope,  will 
bring  with  them  their  just  reward. 

And  now  hir  the  objects  of  the  war.  This  subject  h.as  occupied 
much  of  the  attention  of  the  Senate  ;  "  indemnity  and  security" 
have  been  bandied  about  as  though  tliey  w(;re  mysterious  words, 
employed  to  conceal  some  great  project,  or  magical  words  intend- 
ed to  obtain  some  great  end  darkly  shadowed  forth.  A  kind  of 
'•  open  Sesame,"  enabling  political  necromancers  to  conceal  their 
work  of  iniquity  and  deceplion.  I  am  not  going  over  this  ground 
again,  sir.  I  have  only  to  say,  that  there  is  a  single  word  which 
fully  expres.sos  my  views  upon  this  subject,  and  that  word  is  acqui- 
sition. The  object  of  the  war  is  an  honorable  peace,  and  that 
peace  can  best  be  obtained  by  an  adequate  compensation  for  the 
injuries  done  us  by  Mexico,  and  that  compensation  must  be  inaile 
in  territory,  as  it  can  be  made  in  nolhing  else.  There  is  one  con- 
sideration, Mr.  President,  in  all  tliis  <piestion  of  territorial  com- 
pensaliou  which  has  great  weight  with  inc.  While  I  IrusI  we 
shall  act  as  fairly  by  Mexico  as  her  own  conduct  will  permit,  1  do 
not  conceal  from  myself  I  hat  my  reluctance  to  annex  jiortioiis  of 
that  country  to  ours  is  much  less  than  it  would  be,  were  I  not  con- 
vinced that  the  permanent  happiness  of  the  people  would  be  pro- 
moted by  the  measure.  I  believe  it  the  happiest  fate  that  could 
befall  them  ;  and  I  believe  that  this  war,  injurious  in  many  re- 
spects, as  it  may  have  been  and  must  have  been,  is  destined  to 
work  a  great  good  for  the  Mexican  people.  I  believe  it  will  meli. 
orate  their  eondiiion,  civil,  religions,  social,  and  political.  I  be. 
liovo  that  the  contact  wilh  our  citizens  will  bring  many  advanta- 
ges permanently  beneficial.  The  country  will  be  laid  open  to  the 
world,  and  the  intellectual  les.sons  of  Europe  and  America  will  el- 
evate a  depressed  population,  and  bring  them  to  a  knowledge  of 
their  rights  and  of  the  means  of  enforcing  them. 


Man  cannot  fathom  the  designs  of  Providence  ;  but  experience 
teaches  us  that  great  political  changes  are  amon<x  the  means  em- 
ployed in  the  mora!  government  of  the  world,  and  that  they  often 
come  to  renovate  decrepid  nations  and  to  give  new  vigor  to  the  hu- 
man faculties.  The  existing  race  in  Mexico  has  proved  itself  ig- 
norant, leeble,  and.  if  not  retrograding,  stationary.  Another  ca- 
reer may  be  opened  to  I  hem — the  abuses  of  generations  may  be 
swept  away,  and  the  route  of  our  armies  may  become  avenues  of 
communication,  by  which  light  and  knowledge  may  spread  over 
Mexico,  and  the  past  remembered  only  to  make  the  blessing  of  the 
change  more  evident  and  acceptable.  1  repeat,  sir,  that  the  claim  we 
.set  up  is  for  compensation  for  injurj'  and  yet  we  are  gravely  reproach- 
ed in  the  American  Senate,  in  this  middle  of  the  nineteenth  centu- 
ry, with  the  adoption  of  barbarous  principles,  as  well  as  barbar- 
ous usages,  because,  in  a  state  of  war,  when  the  appeal  is  to  arms 
and  when  the  decision  rests  on  strength  and  not  on  reason,  we 
measure  our  own  demands  by  our  own  sense  of  justice  ;  and  claim 
what  we  think  right,  and  intend  to  take  what  we  claim.  And  an 
honorable  Senator  from  South  Carolina,  [Mr.  Butler,]  seems  to 
have  made  it  a  particular  cause  of  grievance,  as  he  considers  it  a 
most  extraordinary  measure  in  diplomacy,  that  we  should  have  de- 
fined the  line  we  mean  to  establish,  and  have  said  to  the  enemy, 
make  that  the  line  of  your  cession  or  continue  the  war.  Why,  Mr. 
President,  did  that  homrable  Senator  nevor  hear  of  an  ultimatum 
in  national  intercommunication  ?  What  is  more  common — indeed, 
what  is  more  proper — if  a  nation  has  once  determined  upon  its 
course,  than  to  say  to  its  adversary,  there  is  our  lowest  ofTer  ; — 
accept  it  or  do  better  ?  The  history  of  the  world  is  full  of  these 
examples,  and  I  must  confess  it  was  with  no  little  astonishment, 
that  I  heard  the  honorable  Senator  add  this  to  his  catalogue  of  re- 
proaches against  the  administration,  lie  told  us  there  were  some 
of  us  ready  to  vote  for  any  thing.  As  I  have  voted  and  intend  to 
vote  for  all  the  necessary  war  measures,  I  suppose  I  m.ay  consider 
myself  in  this  category   of  every  thing  and  any  thing  members. 

Mr.  BUTLER  — Certainly  not !  I  only  remarked  that  I  was 
inclined  to  think  that  any  thing  coming  wilh  an  Executive  recom- 
mendation would  be  swallowed  whole;  and,  indeed,  I  confess  that 
I  think  so  yet ! 

Mr.  CASS. — We  all  know  the  courtesy  of  the  hon.  Senator,  and  I 
will  not  believe  he  intended  all  the  words  import,  and,  therefore,  I 
shall  not  make  a  retort  which  readily  presents  itself.  But  I  will  say 
it  requires  very  little  stretch  of  patriotism  to  defend  the  government 
for  making  a  manly  and  frank  proposal,  and  for  avowing  its  de- 
termination to  stand  by  it  to  the  last.  And  what  other  rule,  sir, 
is  there  or  can  tliere  be  for  the  conduct  of  nations,  than  the  rule  of 
the  strongest,  where  all  pacific  means  of  procuring  justice  have 
been  tried  and  found  wanting?  They  have  no  common  umpire, 
and  when  they  commit  their  cause  to  the  battle  field,  they  do  so 
with  a  full  knowledge  of  the  consequences.  Security  and  indem- 
nity, if  victorious — cessions  and  concessions,  if  vanquished  ;  and 
all  this,  harsh  as  it  may  appear,  has  much  good  sense  in  its  favor, 
as,  indeed,  has  almost  every  general  rule,  which  the  experience  of 
the  world  has  adopted.  Man  is  naturally  as  pugnacious  as  his  co- 
tenants  of  the  earth,  whether  walking  on  two  legs  or  on  four.  He 
is  kept  in  restraint  by  the  institutions  of  society  and  by  the  saluta- 
ry operations  of  law.  But  nations  are  independent  ;  they  ac- 
knowledge no  superior,  and  much  that  restrains  them — not  all,  in- 
deed— for  the  opinion  of  the  world  is  something  and  moral  princi- 
ple something  UKU-e  ;  but  the  greatest  restraint  which  keeps  them 
from  perpetual  collisions,  is  the  certain  injury  and  the  uncertain 
issue  of  war.  The  race  is  not  always  to  the  swift  nor  the  battle 
to  the  strong.  So  says  the  book  of  inspiration.  Numbers  do  not 
insure  victory  nor  power  always  command  success.  So  says  the 
book  of  human  experience.  And  this  uncertainty  is  a  salutary 
check  upon  the  ever  .active  promptings  of  ambition.  But  divest 
war  of  Its  legitimate  eonsctpiences,  which  have  belonged  to  it 
from  the  earliest  periods  of  history,  establish  the  principle  which 
this  new  kind  of  sickly  magnanimity  seeks  to  lay  down,  that  there 
is  to  be  neither  security  nor  indemnity,  or  that  the  conquered,  and 
not  the  conquering  power,  is  to  be  the  judge  of  both,  and  where 
arc  we?  Where  would  be  the  peace  of  the  world,  or  whore  the 
discharge  of  national  obligations,  if  there  were  no  penally  for  in- 
justice ;  and  none  of  the  motives  to  do  right  which  spring  from  the 
fear  of  the  consequences  of  doing  wrong  ? 

An  honorable  Senator  from  Connecticut,  [Mr.  Baldwin,]  in- 
forms us,  that  Mexico  has  no  money  to  indemnify  us,  and  that  she 
cannot  cede  any  portion  of  her  territory  for  that  object,  because 
her  own  constitution  prohiiiits  it.  Well,  sir,  I  supp.  so  she  may 
then  set  the  world  at  defiance,  and  bectune  the  Ishmaelite  of 
nations;  with,  however,  n,  belter  fate  that  Ishmael  of  old;  for  his 
hand  was  ai;ainst  every  man,  and  every  man's  hand  against  him, 
Nvhilc  Mexico  might  be  the  aggressor,  wilhout  being  exposed  to 
any  retribution.  Sir,  when  a  people  deprive  themselves  of  the 
power  to  redress  an  injury,  they  should  be  very  careful  not  to 
commit  one.  No  nation  can  entrench  itself  behind  its  paper  bar- 
riers, and  say  to  the  world,  do  what  I  may,  I  am  not  responsible  ; 
for  I  have  declared  the  inviolability  of  my  territory.  An  easy 
kind  of  shelter  this  for  aggression  and  Injustice  .'  Anil  a  new  prin- 
ciple to  me  ill  the  law  of  nations,  this  security,  not  for,  but  against, 
indemnity.  I  do  not  know  where  it  is  to  be  found,  but  it  must  bo 
very  new  or  very  old;  anti<piated  or  unacknowledged.  No,  sir,  there 
is  no  such  principle;  there  can  be  no  such  iirinciple  Nations  like 
individuals  are  responsible  for  their  acts,  and  must  pay  the  penalty 
for  their  injustice.  This  matter  lies  within  a  narrow  compass. 
If  a  nation  interdicts  to  its   government  the   authority   to  alienate 


March  17.  J 


THE  TEN  REGIMENT  BILL. 


363 


I 


any  portion  of  its  territory,  it  must  take  care  in  its  disputes  with 
othc-r  countries,  that  it  has  right  or  power,  and  especially  tlie 
latter,  on  its  sid«.  If  conquered,  its  internal  regulations  will  not 
protect  it  from  the  legitimate  consequences  of  defeat.  II  it  will 
neither  cede  nor  pay,  it  must  remain  at  the  mercy  of  its  enemy. 

Mr.  CLAYTON. — In  a  foreign  war  with  another  nation, 
should  the  demand  bo  made  by  that  nation,  tlial  the  only  tcriiis  ui 
which  peace  would  be  secured  by  us,  would  be  the  cession  ot  tlio 
State  of  Michigan,  does  the  war  gentleman  believe  that  the  leder- 
al  government  of  this  Union  would  liavo  the  right  to  make  the 
cession  ? 

Mr.  CASS.— I  h.avi!  not  the  .slightest  difliiMilly  in  answering 
the  question  of  the  lionorahle  Senator.  There  is  no  pnsver  in  this 
government  to  cede  away  one  foot  of  the  United  States.  Hut, 
sir,  there  arc  consi<Jerations,  which  will  ride  over  written  consti- 
tutions, and  among  tbe.se  arc  the  events  of  war.  Now,  I  am  not 
going  to  enter  into  a  discussion  with  any  man  respecting  the 
course  this  country  will  adopt,  should  it  be  prostrated  at  the  leet 
of  a  conqueror.  I  am  not  going  to  suppose  any  such  ease.  I  bj- 
lieve  it  one  of  the  last  dangers  that  awaits  us.  But,  if  m  the 
Providence  of  God  it  should  come,  I  leave  it  to  our  children  in  the 
fiftieth  or  the  liundretb  generation  to  adjust  it  as  they  musl,  if  tliey 
cannot  adjust  it  as  they  would.  .       ■       ,,■ 

Undoubtedly,  sir,  a  conquering  nation  in  judging  (or  itsell, 
judges  under  a  great  weight  of  responsibility.  It  is  the  natural 
result  of  its  position.  That  now  is  our  situation,  and  I  trust,  that 
in  the  measure  we  mete  out  to  ourselves,  we  shall  commit  no 
such  crying  injustice,  as  may  provoke  the  censure  of  the  world,  or 
draw  upon  us  the  retributions  of  Providence. 

I  repeat,  sir,  that  we  must  take  the  affaii  s  of  this  world  as  they 
are  and  not  as  we  would  have  them  to  be  ;  and  I  am  alraid,  that 
public  wars  will  long  continue  to  be  the  tribunal  for  the  adjustment 
of  public  disputes;  probably  until  the  advent  of  that  period  which 
we  know  will  come,  because  He  has  .said  it,  who  will  make  it 
come,  but  which  seems  yet  far  remote,  when  the  quarrels  of  na- 
tions, as  well  as  of  individuals  will  cease,  and  the  contests  of  life 
give  way  to  universal  benevolence. 

But  the  honorable  Senator  from  Delaware  visits  witli  peculiar 
reprobation  every  proposition  to  acquire  indemnity  from  Me.^cico. 
He  says,  "  I  desire  to  say  for  one,  that  I  never  have  been,  and  I 
am  not  now,  willing  to  acquire  an  acre  of  ground  from  Mexico, 
or  any  other  nation  under  Heaven,  by  conquest  or  robbery."  He 
says,  "  that  honesty  is  the  best  policy,  and  that  an  honorable  re. 
putation  to  a  country  is  of  more  value  than  land  or  money." 
hold,"  says  the  honorable  Senator,  "  that  any  attempt  on  our  part, 
merely  because  we  happen  lo  possess  superior  strength,  to  compel 
a  weaker  nation  to  cede  us  all  that  we  choose  to  deinand  as  in- 
pemnity,  whilst  we  at  the  same  time  admit  that  we  ask  for  more 
than  she  owes  us,  is  nothing  else  but  robbery." 

Mr.  President,  I   hold  to  no  such  doctrine.     The  world  holds  to 
no  such  doctrine;  and  never  has  and   never  will,  till   the  govern- 
ments of  man  shall  have  fulliled   their  task,  or  the  nature  of  man 
shall  have   entirely  changed.     Robbery   indeed!     It  seems  to  me, 
sir,  I  say  it  with  all  deference,  it  would  be  an  utter  perversion   of 
terms  to  designate   an  acquisition  by  conquest  for  indemnity,  as  a 
robbery.     An  honorable  Senator  from  Vermont  has  designated  it  by 
other    epithets.     He  calls  it    piracy   and    plunder.     If  this  war  is 
just,  as  I  for  one  believe  it  to  be,  what  was  our  just  claim  at  its 
commencement,  is  far   from   being    a   sulHeient  claim  now.     Our 
balance  has  greatly  augmented.     The  most  rigid  casuist   cannot 
deny  that  we  are  fairly  entitled  to  a  just  compensation  for  the  losses 
and  expenses  which  we  have  encountered   Irom    the  obstinate  in- 
justine  of  the  Mexican  government;  and  as  I  have  already  shown, 
of  the  extent  of  this   compensation,   we    must  of  necessity   be  the 
judges.     Robbery  indeed  !     Pirates  and  plunderers  indeed  !     Why 
all  the  acquisitions  since  men  were  united  in  civil  society,  made  by 
one  nation  from  another,  in  this  new  ethical  nomenclature,  become 
robberies.    Pirates,  and  plunderers!     The  Assyrian  vi'as  a  robber, 
and  so  was  the  Egyptian  and  the  Grecian;  and  the  Roman  in  the 
ancient  world;  and  in  the  modern,  robbers  are  as  plenty  as  nations. 
For  England  and  France  and  Russia  and  Prussia  and  Austria,  and 
every  people  under  Heaven,  have  alternately  lost  and  gained  ter- 
ritorial acquisition  by    war    and    conquest;  and  have  thus  exposed 
themselves  to  the  harsh  epithet  which  the   honorable  Senator  fioiu 
Delaware  would  apply  to  his  own  country,  if  she  claims  the  right 
to  act  agreeably  to   the  laws  of  nations.     I  am  well    aware  that 
questions   of   ethics  are    not  to  be  decided    by  mathematical  rules; 
nor  is  there  any  arithmetic  of  morals  which    can   make  one  right 
out  of  twenty  wrongs.     But  the  usage  of  nations  makes  the  law  td' 
nations,  and  the    practice  of  all   time  shows,  that  conquest  gives 
rights,  as  jiermanent  and   unquestionable,  as   rights  derived   from 
any  conventional  arrangements,  public  or  private. 

But,  sir,  the  honorablo  Senator  from  Delaware,  in  further  illus- 
tration of  his  proposition,  has  resorted  to  an  analoi.',y,  which  seems 
to  rae  utterly  to  fail  him  in  its  application  to  the  subject  before  us. 
Analogies  are  alw'ays  rather  dangerous  weapons  iu  argumentative 
discussions;  and  I  huve  seldom  seen  one,  which  seems  to  mo  more 
so,  than  the  very  case  presented  to  prove  that  we  are  robbers. — 
"  If  a  man  owes  me  a  sum  of  money,"  says  the  honorable  Senator 
from  Delaware,  "  and  I  meet  him  on  the  highway,  and  insist, 
with  a  pistol  pointed  to  his  breast,  that  ho  shall  deliver  to  me  a 
deed  of  his  farm,  at  the  estimate  which  I  choose  to  put  upon  it,  I 
think  there  could  not  be  much  difference  of  opinion  as  to  the  nature 
of  that  transaction,  I  should  like  to  know  how  my  friend  from 
Maryland)  who  is  au  able  lawyer,  would  defend  the  man  guilty  ut 


such  conduct.  Would  it  be  any  palliation  or  excuse  or  justification 
of  the  conduct  of  an  offender,  in  »uch  a  ease,  that  some  money 
was  duo  to  him  ?  Could  there  be  found  in  Christendom  a  court 
and  jury  that  would  hesitate  as  to  the  verdict  in  such  a  ease? 
And  what,  let  me  ask,  as  a  friend  near  me,  (Mr.  Webster,)  sug- 
gests, what  would  be  the  value  of  a  deed  obtained  under  such  cir- 
cumstances ?" 

Is  it  possible,  Mr.  President,  that  the  two  distinguished  .Sena- 
tors from  Delaware  and  Mssaehusetts,  I  might  almost  say,  the 
first  among  the  first  jurists  in  the  laud  ;  can  believe  that  this 
government  is  to  be  driven  from  its  position  and  its  purposes,  and 
the  American  people  from  their  determination  to  be  indemnifii^d  by 
a  false  analogy  like  this  !  I  use  the  word  false  in  its  logical,  not 
in  its  ethical  sense.  Can  it  have  escaped  the  penetration  of  those 
learned  gentlemen,  that  the  ease  they  suppose  is  one,  where  both 
the  parties  are  the  subjects  of  municipal  law,  which  extends  equal- 
ly, its  protection  and  its  penalties  over  all,  who  owo  it  allegiance? 
The  robber  is  violating  the  law,  and  not  only  can  gain  nothing  by 
his  crime,  but  exposes  himself  to  severe  punishment.  There  is  a 
common  umpire  between  these  men,  to  whom  their  disputes,  if 
they  have  any,  must  be  referred,  and  \^liieh  has  power  to  enforce 
its  own  arbitiaments.  But  the  contests  of  nations  ins'olves  far  dif- 
ferent principles.  Their  vsry  equality  makes  each  the  judge  of  its 
own  rights,  and  the  assertor  of  its  own  remedies.  Do  the  honorable 
gentlemen  mean  to  push  their  analogy  so  far  as  lo  contend,  that 
all  treaties  made  between  stronger  anil  weaker  powers  arc  void, 
for  the  very  reason  that  victmy  has  declared  for  the  one,  and  that 
the  otiicr  must  submit  f  If  this  new  principle  is  to  be  interpola- 
ted into  the  law  of  nations,  what  would  become  of  half  the  trea- 
ties in  the  w.irld  !  and  all  the  territorial  changes  they  have  made 
and  confirmed !  The  subject  appears  to  mo  so  plain,  as  to 
defy  illustration  ;  and  I  leave  it  with  the  simple  remark,  that  we 
have  duties  to  ourselves,  as  well  as  to  Mexico,  and  that  if  wc  do  to 
her  as  other  natiocs  have  always  done  under  similar  cireurastanees, 
we  shall  do  all.lliatthe  most  jealous  advocate  of  his  country's 
honor  can  demand. 

Mr.  President,  we  are  furnished  with  two  other  dissuasive  rea- 
sons against  the  acquisition  of  Mexican  territory.  One,  relates  to 
the  present  and  the  future,  and  the  other  to  the  past.  The  former 
addressing  itself  to  our  fears,  belongs  to  what  may  be  called  the 
school  of  national  apprehension,  and  the  latter,  addressing  itself  to 
our  sense  of  shame,  may  bo  called  the  school  of  national  humilia- 
tion.    I  shall  trouble  the  Senate  with  a  few  remarks  upon  each. 

We  are  warned  of  the  dangerous  consequences  of  incrcasingour 
territorial  extent.  I  heard  all  this,  nearly  half  a  century  ago, 
when  Louisiana  was  acquired.  The  fears,  now,  cannot  be  stron- 
ger, nor  stronger  expressed  than  they  were  then.  They  were 
again  spread  before  us  when  Florida  was  purchased.  And  still 
again,  when  Texas  was  annexed.  We  have  lived  them  down,  sir, 
and  I  suppose  there  are  few  men,  within  the  limits  of  the  republic, 
who  would  now  desire  the  excision  of  eilhcr  of  those  acquisitions, 
certainly  not  of  the  two  former.  Let  us  judge  the  future  by  the 
past,  the  only  safe  rule  of  judgment.  Our  government  has  a  won- 
derful power  of  accommodating  itself  to  the  extension  of  tile  coun- 
try. Its  double  formation,  if  I  may  so  speak,  of  external  and  in- 
ternal sovereignties,  enables  it  to  spread  without  weakness,  and  to 
preserve  its  power  of  cohesion  with  its  process  of  enlargement. 
And  the  progress  in  the  physical  sciences,  comes  in  aid  of  our  own 
political  progress.  The  means  of  comniunjeation  are  every  day 
augmenting,  and  oven  now,  we  are  praetieally  less  remote  from 
each  other'as  a  people,  than  we  were  in  1789. 

I  lived  upon  the  Ohio,  Mr.  President,  at  the  period  of  the  ac- 
quisition of  Louisiana,  and  watched,  as  did  the  whole  western  pop- 
ulation, the  progress  of  that  great  measure.  Recollecting  the  ob- 
jections made  to  it,  as  well  in  Congress  as  in  the  country,  and 
hearing  those  which  had  been  urged  here  to  the  proposed  acquisi- 
tion I  was  struck  with  their  similarity,  I  might  almost  say  their 
identity,  and  turned  to  the  debates  of  that  period  to  fortify  my 
impressions.     The  result  I  wiU  give  you  in  a  very  brief  extract : 


iDebatc  in  October,  1803.] 

Mr.  Griffin  said  :  "He  did.  liowe\er,  ft-iir  those  consequpnees ;  he  feared  the  etTuct  of 
a  vast  extent  of  our  empire  ;  lie  feared  the  eflecta  of  ilie  increased  value  of  labor,  the 
decrease  in  the  value  of  lands,  Stc.  He  di  I  fear,  though  this  land  was  flowing  with 
milk  and  honey,  that  tJiis  Eden  of  tJie  new  world  would  jirove  a  cemetery  for  the  bodies 
of  our  citizens." 

Mr.  Thatcher  said  :  "Tliis  acquisition  of  distant  territory  will  involve  the  necessity 
of  a  considerable  slaiidtiifi  army  so  justiy»an  object  of  terror." 

Mr.  Griswold  said:  "The  vast  .'md  unmanageable  evlent  whicJi  the  accession  of  Lou- 
isiana will  give  to  tlie  United  States — the  consequent  dispersion  of  our  population, 
anri  the  destruction  of  that  balance,  which  it  is  so  important  to  main'am  between 
the  eastern  and  the  western  Stales,  threatens  at  no  very  distant  day  the  subdivision  of 
our  Union," 

Mr.  White  said  :  "I  believe  it  will  be  the  greatest  curse  that  could  at  present  befall 
us,  &c.  *  *  *  We  have  already  territory  enough,  and  when  I  contemplate  the 
evils  that  may  arise  to  these  States  from  this  intended  incorporation  of  Louisiana  into 
the  Union,  I  would  rather  see  it  given  to  France,  to  Spain,  or  lo  any  other  nation  of 
the  earth  upon  the  mere  condition  that  no  citizen  of  the  United  States  should  ever  set- 
tle within  it^  limits,  than  to  see  the  territory  sold  for  an  hundred  milhous  of  dollars  and 
we  retain  the  sovereignty." 

Mr.  Tracy  called  "it  a  pernicious  measure — the  admission  of  Louisiana,  of  a  world 
and  such  a  world  into  onr  Union.  This  would  be  ahsorbin;;  the  nor  hern  States,  and 
render  them  as  insignificant  in  the  TTnion,  as  liley  ought  to  be,  if,  by  Uieir  own  con- 
sent, the  measure  should  be  adtqited."' 

Now,  sir,  two  of  the  speakers  in  this  debate  were  predecessors 
of  the  honorable  Senator  from  Connecticut,  [Mr.  B.VLDwm,]  wbo 
has  felt  and  expressed  such  alarm  at  the  proposed  extension  of 
our  territorial  limits.    Tliat  Senator  says  lio  would  rather  giva 


364 


THE  TEN  REGIMENT  BILL. 


[Friday, 


millions  to  net  rid  of  the  territory  than  to  pay  a  dollar  for  its  ac 
nuisiiion.  Mr.  While,  of  Delaware,  fixed  his  price  lor  getting 
rid  of  Louisiana  at  one  hundred  miHions  of  dollars.  Mr.  Tracy, 
an  able  and  eloquent  statesman,  predicted  that  the  acquisition  ol 
Louisiana  would  "absorb  the  northern  States  and  render  them  in- 
«i<rnlHcant  in  the  Union,"  The  Senator  from  Coneecticut  strikes 
tlie  same  key-note  and  .sounds  a  similar  alarnv.  Now,  sir,  all  this 
apprehension  is  without  the  slightest  foundation.  The  just  intlu- 
enee  of  Connecticut,  of  all  the  New  England  States  indeed,  will 
never  be  reduced  by  the  progress  of  oiir  country,  I  do  not  speak 
of  the  influence  of  numbers,  but  I  speak  ot  that  inoral  power 
which  intellisence,  and  morality,  and  jiatnotism  always  give  to 
everv  community.  Who  in  thi,4  broad  land  does  not  look  back  to 
the  "history  of  New  Englan.l,  and  associate  the  glory  ol  his 
counlrv  with  the  glorious  deeds  which  passed  there,  and  which 
laid  the  foundationsnf our  freedom  and  prosperity.  Go  where  you 
will,  sir,  Irom  the  lakes  to 'he  ocean,  Irom  the  St,  Johns  to  the 
Rio  Grande,  and  everywhere  yo.i  find  emigrants  irom  New  Eng- 
land carrvin"  with  them  the  fruits  of  its  intelligence,  and  spread- 
in"  i'ts  influence  wherever  they  go.  Why,  sir,  there  are  five  Sena- 
tors natives  of  New  Hampshire,  now  members  ot  this  body,  and  as 
one  and  the  least  worthy  among  them;  I  am  proud  to  acknowl- 
edge here  in  this  higli  place,  that  much  of  the  success,  unde- 
served on  my  part,' which  has  attended  me  through  lile,  I  owe  to 
the  early  lessons  of  wisdom  and  virtue,  which  were  taught  me, 
in  my  native  state,  and  which,  if  I  have  too  often  neglected,  I  have 
never  for.Totten.  There  maybe  climates  less  rugged,  and  lulls 
less  steriFe;  but  no  population  ever  occupied  a  country,  sounder  m 
head  or  heart,  or  more  richly  endowed  with  those  principles,  which 
cive  enern-y  to  man,  and  dignity  w  human  nature.  The  influence 
of  qualities  lika  these,  will  be  felt  and  acknowledged  throughout 
our  confederacy;  whether  those,  who  bless  it  and  pray  for  it,  utter 
their  blessings  and  their  prayers  upon  the  coast  of  New  England, 
or  the  shores  of  the  Pacific.  .        r   l- 

We  are  also  told,  as  a  dissuasive  against  the  prosecution  ol  this 
war,  that  we  can  raise  no  more  men,  nor  money,  and  that  our  ex- 
ertions must  expire,  from  the  very  lassitude  of  our  patriotism. 
Our  fathers  had  these  diiriculties  to  contend  with,  in  the  war  ol 
the  Revolution,  magnified,  indeed,  a  thousand  fold,  by  the  circum- 
stances and  the  nature  of  the  contest,  and  yet  they  fought  on,  nil 
they  obtained  peace  for  .themselves,  and  freedom  for  us,  and  found- 
ed upon  a  rock,  the  rock,  I  hope  of  ages,  this  magnificent  republi- 
can empire.  We  heard  all  this,  also,  in  1812,  and  yet  in  the  lace 
uf  it,  we  conducted  that  war  to  a  glorious  termination.  We  heard 
it  all  again  at  the  commencement  of  this  very  war,  and  the  time 
has  already  past,  according  to  the  prediction  of  a  .statesman  now 
present,  of  the  highest  character,  supported  almost  by  mathemat- 
ical calculations,  when  we  were  to  have  neither  men  nor  money, 
and  when  our  cause  was  to  fail  from  the  failure  of  all  the  means 
necessary  to  suppirt  it.  Now,  sir,  nothing  can  be  worse  than  to 
stop  without  attaining  our  object.  If  we  can  not  rai.se  men,  and 
cannot  raise  money,  why  then  we  must  stop.  But  thank  God,  we 
have  not  got  to  that  point  yet,  nor  do  I  believe  we  ever  shall  get 
to  it.  Let  us  not  halt  in  our  course  now,  simply  for  the  fear  that 
we  may  be  compelled  to  halt  there  some  time  or  other.  SuflTiciciit 
iinlo  the  day  is  the  evil  thereof.  Sufficient  for  the  dishonor  of  this 
c'ountry,  will  be  the  time  wlien  she  will  practically  exhibit  her  ina- 
bility to  mainlain  her  rights  and  her  honor. 

Why,  sir,  what  was  said  on  the  subject  during  the  session  ol 
Congress,  on  the  25th  and  26th  of  January  1847,  one  little  year 
a<To?  Let  us  look  back  lor  a  moment.  The  lasson  may  be  a  pro- 
fitable one  for  us  all,  and  certainly  an  encouraging  one  for  those, 
who  indulge  in  gloomy  forebodings,  and  doubt  the  disposition  or 
capacitv  ol  their  country,  to  augment  her  exertions  as  her  trials 
■.ui.'nient.  I  hold  in  my  hand,  extracts  from  the  debates  which 
theTi  took  place  on  the  subject  of  the  Loan.  I  will  read  a  few 
passages,  not  mentioning,  however,  the  names  of  the  spe.-ikers,  as 
It  is  not  my  object  to  recall  any  invidious  recollections,  but  simply 
to  show  the  sentiments  which' then  prevailed,  and  how  these  have 
been  rebuked  by  the  result. 


One  speaker  said  ; 


fliievotih  extent.  .  ,  ,        ,  .,    . 

In  ii:L>sin"  it  lliev  wfro  treii^urinf;  up  wrath  (igainst  the  day  of  wratli  !  nml  tliat 
(lay  oV  wtalh  \voulil  como,  and  when  it  came  he  I'carcil  they  would  not  he  ahle  lo 
stand," 


ind, 

"Bal  it  »a«  evidc'nl,"  jaid  another  speaker,  "that  a  loan  could  not  be  obtained. 

"A"00d  deal  had  heeu  siml,"  Mr.  Cass  remarked,  "ahout  lire  Ipvyin-;  of  a  j|iecilic 
.««  lo"  which  he  nii"ht  refer  ;  but  the  adiiiinlslralion  was  responsible  lor  tllu  loan. 
Tliey  had  told  theiii  they  could  |;ct  n  "poii  leriuii  lo  which  they  would  wiliiusly 
suliinit, 

Mr.  E.— No. 

Mr.  CASS.— No,  iny>  tho  honoiahlo  I'enllonmn? 

Mr.  K.— Where  do  you  find  it  T 

Mr  OA'SS— In  the  terms  ol"  the  call  for  it  l.y  the. adminiBtration.    They  minlil  fail 
Imt'lhey  had  good  reason  to  expect  II,     ■>     •     *     *     He  knew  that  duruii; 


twenty  three  millions  o*"  dollart  ;    •     •     *    They  bad  paid  off  two  debts,  and  they 
could  p.iy  otf  anolher.'' 

A  speaker  also  ob.scrved  : 

"Vet  the  Senator  from  iNIicliigan  told  them  merely  to  pass  tliis  bill,  and  they  would 
liave  all  the  money  wanted.  •  »  •  »  The  gentleman  from  Florida.  (Mr.  VVest- 
eoTT.  I  also  tlioDfiht  there  was  no  sort  of  danger,  but  that  the  public  credit  could  raise 
money  enough." 

So  much  for  the  prophesies  of  the  last  session  of  Congress. 
How  they  have  been  fulfilled  has  now  passed  into  history,  and  yet 
we  hear  the  same  lugubrious  note  at  the  present  session,  and  it 
was,  I  believe,  thii'  honorable  Senator  Irom  Vermont,  [Mr, 
Phelps,]  who  proved  most  clearly  our  financial  imbecility,  and 
his  views  were  adopted  by  other  Senators,  And  we  have  heard 
elsewhere,  and  from  a  high  quarter  too,  that  a  tax  "would  wind 
up  this  miserable  Mexican  war  in  ninety  days-"  Hinc  illir  lack 
ryma: .'  Tears  for  taxes,  but  none  for  wounded  honor  !  I  trust  I 
shall  never  live  to  see  the  day,  wlien  the  American  people  will 
jirosecute  an  unjust  war,  because  they  do  not  feel  its  burdens,  or 
abandon  a  just  one,  because  they  feel  or  fear  its  financial  pressure. 
But  I  see  by  an  article  in  the  London  Times,  of  January  4th, 
that  these  cis'-atlantlc  forebodings  are  not  the  only  ones.  Our 
neighbors  over  the  water  record  and  regret!  the  appearances 
whfch  seem  to  them  to  indicate  an  approaching  exhausted  treas- 
ury and  its  conseqiienees,  on  our  future  exertions.  That  article 
warns  us.  as  we  are  warmed  here,  of  tlic  danger  of  a  public  debt, 
and  of  the  taxes  to  which  it  must  lead.  And  I  observe  that  a 
late  Morning  Chronicle  adopts  a  similar  standard  for  our  patriotic 
sacrifices.  It  thinks  that  our  losses  and  the  derangement  of  the 
financial  operations  of  the  country  will  prove  too  much  for  "  Jona- 
than's patience;"  and  that  a  proposal  to  increase  to  a  considerable 
extent,  the  amount  we  pay  in  taxes  will  soon  cure  us  of  our  war- 
like mania.  . 

But  I  mistake  the  feelings  of  my  countryrnen,  il  such  considera- 
tions will  deter  them  from  the  prosecution  of  the  war  in  which  we 
are  engaged.  If  taxes  are  necessary,  they  will  bear  them.  Ad- 
vancing as  this  country  is  with  so  rapid  a  pace  in  all  the  elements 
of  power  and  prosperity,  any  debt  it  may  contract  in  a  necessary 
war  can  give  no  serious  cause  of  apprehension.  I  repeat  the  sen- 
timent I  expressed  last  session,  that  I  do  not  believe  one  word  m 
the  European  financial  axiom,  that  new  debts  must  be  secured  by 
new  taxes.  Our  experience  has  disproved  it.  Where  nations  are 
stationary,  and  already  weighed  down  with  fiscal  impositions,  such 
a  principle  may  be  necessary  to  the  sepport  of  their  credit.  But 
in  the  career  'opened  to  us,  where  our  resources  are  augment- 
inrr  in  a  geometrical  ratio,  the  credit  of  the  country  wdl  be  lound 
suTficient",  and  its  inorea.sing  resources  will  go  far  towards  tht;  dis- 
ehar"e  of  all  its  engagements.  As  to  a  debt  like  that  ol  England, 
the  tfiing  is  impossible  here.  It  is  one  of  the  last  dangers  which 
threatens  us.  A  people  who  govern  themselves,  and  tax  them- 
selves, will  never  sanction  a  system  of  extravagant  and  unneces. 
sary  expeditures.  A  system  which,  in  England,  as  a  writer  in 
the  Edinburgh  Review  observed,  very  wittily  and  very  truly,  some 
vears  since,  commences  at  the  cradle,  and  going  on  ihrotrgh  all 
"the  gradations  of  society,  still  taxing  as  life  advances,  finally  tax- 
es the  tombstone,  and  tlien  dismisses  him  who  sleeps  under  it,  to  be 
taxed  no  more.  Such  are  the  blessings  of  a  government  separated 
from  the  people,  and  without  proper  sympathy  for  their  condition, 
or  responsibility  for  their  own  principles. 

The  other  di'ssuasivo  reason  against  the  annexation  of  territoi7, 
to  which  I  have  adverted,  founded  on  our  own  conduct  towards 
other  nations,  against  whom  we  had  causes  of  complaint,  amount- 
in"  to  causes  of  war,  if  we  had  chosen  to  consider  them  such,  was 
presented  by  the  Senator  from  Maryland,  [Mr,  Pearce.]  This 
appeal  to  tlie  fruits  of  our  own  pusillanimity  has  been  made  be- 
fore, but  has  never,  I  think  been  so  directly  prosecuted  as  by  that 
gentleman  in  his  remarks  upon  the  general  subject  the  other  day. 
And  this  brings  me  back  to  his  proposition  which  I  have  already 
considered,  that  we  have  no  just  cause  of  war  against  Mexico.  In 
its  defence,  in  addition  to  the  general  principle,  that  the  right  and 
the  "sort  of  necessity"  shouldboth  exist,  he  added  by  way,  I  sup- 
pose, of  illustration,  that  : 

"  The  President  had  paraded  before  ns  an  exaggerated  slalement  of  these  claims." 
And  he  proceeds  among  other  things  to  ask  : 

"  I  r  the  resistance  or  neglect  lo  pav  on  the  part  of  Mexico  is  even  computable  to 
that  winch  we  have  experienced  at  the  hand  of  stronger  nations;  and  1  ask,  il  it  be- 
tomes  ns  to  adopt  one  rule  of  measureof  justice  in  regard  to  a  weak  nation,  and  an- 
other rule  of  ri-hts  in  regar;l  to  a  stiong  and  haughty  people?"  r     .    t 

I  answer  no;  emphatically  no.  We  have  but  one  rule  of  right 
or  justice  for  all  nations,  and  that  is  that  they  fulfil  those  duties 
towards  us  which  we  have  a  right  to  ask,  and  which  we,  in  our 
turn,  must  render.  And  this  is  our  rule,  as  well  with  England  or 
France  and  Mexico,  as  with  San  Marino  or  Monaco,  or  the  great 
empire  which  embrtiees  a  largo  portion  of  Europe  and  stretches 
through  Asia  to  the  Fro/.cn'Ocean  and  the  Eastern  Sea.  The 
honorable  gentleman  confounds  the  right  with  the  remedy.  The 
one  is  independent  of  eircmustances,  and  tho  other  depends  upon 
ourselves.  Why,  his  own  illustration  clearly  exhibits  this  dille- 
rence.  Ho  says  we  had  causes  enough  of  war  against  France 
and  England,  "andhis  reproach  is  that  these  were  not  followed 
by  war  "against  the  former  power,   "-    — " "■'  ■■""'■.,.  „„,..,ln 


,l„.  „ro"re»«  of  financial  dillicnllics  in  Englaud,  it  becanio  necessary  to  combine  every 

,1    vol.  a  snecUic  tax.     Why  ?     Because  that  country  wiis  overlpa.lcd  with  tax.-,- 

„.  midst  of  a  iremcndou.  war-a  war  almost  ,igamst  the  wJiole  civilized  word  - 

iiid  with  a  debt  onl  of  all  manner  of  proportion.     Hence  it  becnnio  necessary  for  lliem 

t  .  f.-siirt  to  the  mode  referred  lo.  _  .  .        , 

But  dill  any  man  bcliove,  that  the  faith  of  this  nation  was  not  snlTicienl  lo  niiso  tha 


;at  and  mighty  people,' 
Ho  says, '^' and  yet  we  talk  of  violated  honor:"  "and  the  Presi- 
dent rants  tibout  our  claims  against  Mexico."  I  beg  to  assure  the 
Senate  that  that  language  is  tho  language  of  the  honorable  Sena- 
tor and  not  mine.  1  shall  never  talk  about  the  ranting  of  tlie 
chiof  magistrate  when  he  sjircads  our  public  grievances  before  the 
representatives  of  the  people,  and  thus  before  the  people  and  the 
vorldi  nor  shall  I  over  luuiit  my  country  by  intimating  that  hor 


March  17.] 


THE  TEN  REGIMENT  BILL. 


365 


course  has  been  so  pusillanimous  that  for  her  to  talk  of  violated 
honor  is  a  solemn  farce.  But  were  all  this  so,  it  is  iniite  time  that 
our  policy  were  changed.  We  are  well  chastised  for  the  want  of 
self-respect  we  have  exhibited  if  we  have  lost  our  honor;  and  if  we 
do  not  slop  in  this  career  of  humiliation,  the  proclivity  will  become 
steeper  and  steeper  and  our  descent  more  and  more  rapid,  till  we 
shall  have  neither  rights  to  assert,  nor  honor  to  defend,  nor  dispo- 
sition to  do  either. 

This  catalogue  raisonnee  of  our  acts  of  humiliation  I  have  heard 
before;  but  never,  I  thint,  with  such  strong  terms  of  reprobation. 
Our  submission  to  the  insults  of  the  Neapolitan,  the  Dane,  the 
Gaul,  and  the  Anglo-Saxon  is  brought  before  us,  as  it  were  in 
staring  capitals,  and  some  of  these  are  characterized  as — 

"  Committed  in  Ilie  wantonness  of  power — in  the  very  erorn  of  our  ri^lils — witliont 
the  sli<rluesr  Inslitication;  and  persi-^teii  in,  repeated  antl  lioltlly  defended  wiih  a  most 
offensive  eirronlery,  and  yet  endnred  liy  tliis  country  throiigli  successive  administrations 
from  1*1;  to  1831." 

I  regret,  sir,  to  hear  all  this;  not  for  its  own  sake,  for  wo  have 
nothing  to  reproach  ourselves  with,  but  in  connection  with  the 
subject  before  us.  I  regret  to  hear  that  too  much  forbearance — if 
irto  much  there  was,  as  the  gentleman  seems  to  ii.limate — is  now 
made  the  pretext  for  more;  that  we  must  suffer  from  Mexico 
because  we  have  sunered  from  others,  and  that  we  must  go  on 
thus  interminably  exposed  to  the  attacks  of  the  strong  and  the 
weak,  and  to  the  contempt  of  all. 

But,  sir,  tlie  peo))le  of  this  country  have  never  been  deficient  in 
patriotism  or  national  pride.  During  the  period  when  these  ag- 
gressions, to  which  the  honorable  gentleman  alludes,  were  com- 
mitted, the  moral  and  political  world  was  in  commotion,  the  fcuin- 
dations  of  society  in  iMiiope  were  uprooted,  and  a  mighty  revolution 
was  sweepinir  over  that  region,  which  occasioned  greater  changes 
in  the  world  than  did  the  five  preceding  centuries.  Tremendous 
military  establishments  were  formed,  and  the  rnio  of  might  be- 
came the  rule  of  right.  These  injuries  commenced  under  the  ad- 
ministration of  General  Washinirton,  and  were  continued  throuirh 
the  administrations  of  Mr.  Adams,  and  Mr.  JulTcrson,  and  Mr. 
Madison,  but  their  principal  weight  fell  upon  us  during  the  presi- 
dency of  Mr.  Jefferson  and  a  portion  of  that  of  Mr.  Madison. 
And  everlasting  honor  is  due  to  those  two  eminent  patriots  and 
statesmen  for  the  firm,  prudent  and  dignified  course  ihey  pursued 
under  the  trying  and  perilous  circumstances  in  which  ihej'  and 
their  country  were  placed.  History  has  set  its  seal  upon  their 
measures,  and  in  all  time  hereafter  their  memory  will  be  held  in 
honor  by  a  grateful  people. 

But,  sir,  we  went  to  war  with  France  in  179S,  and  with  England 
in  1812,  two  of  the  mightiest  powers  on  earth,  and  with  immense 
military  establishments  at  their  disposal  till  then  unknown  in  mo- 
dern times.  And  it  was  the  conviction  in  France  that  the  firnt 
character  and  decided  course  of  General  Jaekson  and  the  respon- 
sive feeling  of  the  American  people  would  lead  to  a  war  with  that 
country,  il  justice  was  not  done  us,  and  not  the  interference  of 
England,  which  produced  the  arrangement  of  1830  and  its  exe- 
cution, by  which  our  chapter  of  complaints  against  Fiance  was 
closed,  and  I  hope  forever.  * 

Here,  sir,  were  two  wars  within  fifteen  years,  and  both  prose- 
cuted when  we  were  comparatively  feeble  in  mimbers,  in  strength, 
and  in  wealth,  and  a  third  barely  avoided  by  the  satisfaction  of  our 
claims.  Now,  sir.  I  deny  that  we  are  justly  liable  to  the  reproach  of 
jiusillanimity ,  or  that  we  have  forfeited  our  claim  to  talk  of  violated 
honor.  Or,  that  Mexico,  or  any  one  for  Mexico,  in  this  country 
or  elsewhere,  has  a  right  to  say,  you  had  established  your  charac- 
ter for  tame  submission,  and  you  have  therefore  no  right  to  ask 
indemnity  of  me  for  wrongs  such  as  you  have  sullcred  from  others, 
and  which  your  own  forbearance  in  former  years  induced  me  to 
refuse. 

There  are  two  incidents,  episodes  I  may  call  them,  in  the  great 
action  going  on.  which,  though  they  neither  give  direction  to  its 
movements,  nor  certainty  to  its  termination,  aro  yet  worthy  of 
remark,  as  they  exhibit,  if  not  the  faults  of  the  administration,  at 
any  rate,  the  facility  with  which  their  measures  are  assailed. 
One  of  these  charges  I  have  never  heard.  I  confess  it  with  beco- 
ming gravity;  the  other  is  new,  or  at  any  rate -new  to  me,  and  has 
been  presented  by  the  Senator  from  Maryland,  fMr.  Johnson,] 
with  his  accustomed  ability,  which  sometimes  makes  "the  wrong 
appear  the  better  reason."  I  shall  content  myself  with  touching 
rather  than  considering  them. 

One  great  grievance  alledged  by  the  Mexican  government,  and 
repeated  here,  and  one  for  which  our  minister  was  rudely  driven 
from  the  republic,  is,  that  we  sent  her  a  Plenipotentiary  and  not 
a  Commissioner  to  effect  an  amicable  arrangement  of  the  diflicul- 
ties  between  the  two  countries.  Really,  sir,  in  the  whole  history 
of  national  intercommunication,  no  such  frivolous  reason  as  this 
was  ever  given  for  involving  two  countries  in  war,  that  a  higher 
wrade  of  diplomatic  agent  was  sent  by  one  power  than  the  other 
demanded.  The  reverse  may  have  bappeneci  when  the  most  idle 
questions  were  grave  subjects  of  investigation  and  remonstrance. 
•  Mexico  must  have  had  few  substantial  causes  of  complaint,  and 
the  opponents  of  the  administration  few  just  grounds  of  animad- 
version, when  such  a  measure  assumes  an  important  position  in 
their  respective  lists  of  grievances.  But  how  stands  the  fact  ? 
Anxious  to  restore  the  diplomatic  relations  between  the  two  coun- 
tries, which  had  been  interrupted  by  the  Mexican  government,  the 
President  directed  that  our  consul,  [Mr.  Black,]  should  commu- 
cate  this  desiro  to  the  Mexican  authorities,  and  say  to  them,  thai  if 
they  '  ' 


"Would  receive  an  envoy  from  the  t'niled  States  to  adjust  aJI  the  questions  in  di^" 
pute  between  the  two  countries.  lie  will  immediately  despatch  one  to  Mexico." 

To  this  proposition  the  Mexican  Secretary  of  State  answered  : 

"My  f.'Overnment  is  dispos..(l  to  receive  t-e  Commissioner  of  the  Ignited  States,  who 
may  come  to  Iliis  capilal  with  full  powers  from  his  povernment  to  settle  tlie  present 
dispute  in  a  peaceful,  re.'uonahle  and  lionorable  manner." 

Here  is  the  acceptance  of  the  proposition,  and  the  agreement  to 
receive  the  commissioner  whom  the  government  of  the  United 
States  proposed  to  send,  under  the  title  of  envoy  "to  settle  the  pre- 
sent dispute."  Well,  the  envoy  was  sent,  commissioned  lor  this 
very  purpose,  and  when  lie  arrived  he  was  refused  recognition 
because  be  came  as  an  envoy,  and  because  his  powers  extended  to 
the  adjustment  of  the  whole  dispute  between  the  two  countries 
and  were  not  confined  to  "questions  relative  to  Texas."  As  to  the 
mere  title,  it  does  not  merit  a  moment's  serious  consideration.  It 
was  an  afterthought,  a  subterfuge,  resorted  to  in  order  to  justify 
what  the  Mexican  government  was  determined  to  thi,  but  wliat  it 
was  easier  to  do  than  to  defend.  It  is  evident  that  our  proposi- 
tion was  accepted  as  made,  and  that  envoy  and  commissioner  were 
but  eonvertabie  terms.  This  is  shown  by  the  letter  of  the  Mexi- 
can Secretary  of  State  to  Mr.  Slidell,  in  which  he  says  : 

"That  the  iin;,'Ie  word  "restore"  is  by  no  means  snfTicient.  to  give  to  Mr.  Shdell  tlie 
ipocial  character  of  commissioner  or  plenipotentiary  nd  ftoc.^' 

But  Mr.  Slidell  had  too  much  power  !  Or  in  other  words,  he 
was  chargetl  to  settle  the  whole  controversy  between  the  two 
countries,  and  not  the  Mexican  portion  of  it  alone.  And  was  not 
this  arrangement  in  the  very  terms  of  the  proposition  and  its  ac- 
ceptance ?  We  desire  to  send  you  an  envoy,  siiys  Mr.  Buchanan, 
to  adjust  all  the  ijueslions  in  dispute  between  the  two  govcrii- 
meuis.  We  will  receive  your  commissioner,  answers  Mr.  Pena  y 
Pena,  charged  "to  settle  the  present  dispute"  between  your  conn- 
try  and  ours.  Well,  what  was  this  dispute  ?  Il  had  two  sides  to 
it  like  most  other  disputes,  public  and  private.  Wc  complained 
that  Mexico  had  injured  our  citizens,  anil  she  eomjilaiued  that  we 
hatl  annexed  Texas.  And  the  dispute  was  made  up  of  these  cau- 
ses of  complaint.  Could  the  Mexican  government  be  so  besotttHl 
as  to  suppose  that  the  United  States  would  adjust  her  side  of  the 
quarrel  and  leave  their  own  unadjusted  ?  That  we  should  be  wil- 
ling to  do  something,  I  know  not  what,  by  which  Mexico  would 
agree  to  the  annexation  or  we  abandon  it,  and  thus  satisfy  her 
cause  of  cotnplaint.  ami  then  turn  round  and  enter  i.pon  another 
negotiation  of  twenty-five  years  to  satisfy  our  own  ?  If  our  ad- 
ministration had  acted  thus  they  would  have  met  and  merited  uni- 
versal execration.  And  now  the  great  cause  of  grievance  with 
our  adversary  is,  that  though  we  were  willing  to  do  her  justice, 
yet  we  required  at  the  same  time  that  justice  should  be  done  to  us. 

And  one  of  our  most  eminent  living  statesmen,  a  connecting 
ling  between  the  present  and  the  past  generation,  has  not  only 
endeavored  to  place  Mexico  right,  and  his  adopted  country  wrong 
upon  this  as  well  as  upon  other  questions  at  issue  with  her, 
hut  has  elaborately  discussed  it,  and  given  to  his  sentiments, 
which  have  boon  widely  disseminated  by  parly  zeal  and  the  public 
press  the  authority  of  his  name. 

In  his  remarks  upon  this  subject,  as  Mr.  Gallatin  commences 
with  an  error,  it  is  not  surprising  that  he  ends  with  one.  He 
says  "the  Mexican  government  insisted  that  it  only  agreed  to  re- 
ceive a  commissioner  to  treat  on  the  questions  that  had  arisen 
from  the  events  in  Texas,"  &c.  This  assumption  of  the  Mexican 
Secretary  of  State,  which  Mr.  Gallatin  endorses,  as  he  must  en- 
dorse it  in  order  to  place  his  own  government  in  the  wrong  for 
which  he  seems  to  have  powerful,  if  not  patriotic  propensities,  is 
contradicted  by  Mr.  Pena  y  Pena's  letter  to  Mr.  Black,  in  which 
he  says  expresslv  that  the  commissioner  of  the  United  States 
coming  "to  settle  the  present  dispute"  will  be  received  hy  the 
Mexican  government.  In  the  whole  letter,  which  pledged  the 
Mexican  faith  to  the  reception  of  the  minister,  there  was  no  allu- 
sion direct  or  indirect  to  "the  ([uestions  which  had  arisen  from  tiie 
events  in  Texas."     So  much  for  the  substance  of  the  charge. 

Mr.  Gallatin  discusses  the  question  of  eticpiette,  as  this  finally 
descends  to  be,  with  more  zeal  and  unction,  than  would  have  been 
expected  from  a  colaborer  with  Jcflerson  and  Madison  in  the  re- 
pubhean  vineyard.  He  says  that  treaties  of  peace  are  always 
negotiated  by  commissioners,  appointed  for  that  special  purpose. 
If  this  were  so,  it  would  not  touch  the  present  case,  for  Mexico 
had  then  neither  declared  war,  nor  committed  any  act,  necessarilv 
le.tding  to  it.  But  it  is  not  so,  and  Mr.  Gallatin  ought  to  have 
known  it.  He  ought  to  have  known,  that  he  was  appointed  an 
envoy-extraordinary  and  minister  plenipotentiary  with  four  other 
eminent  citizens  in  1814,  to  negotiate  a  treaty  of  peace  with  Eng- 
land. They  are  thus  designated  in  the  treaty  itself;  and  I  h.ave 
actually  seen  the  record  of  their  commission  in  the  Department 
of  State.  He  ought  to  have  known,  that  the  very  treaty  that  of 
peace  between  France  and  Great  Britain  in  1783,  which  he  cites 
and  asserts  was  negotiated  by  commissioners,  was  in  fact  negotia- 
ted by  the  Duke  of  Manchester  as  "ambassador  extraordinary 
and  minister  plenipotentiary,"  See.;  and  that  the  preliminaiy 
treaty  between  the  same  powers  was  negotiated  in  1762,  by  tlie 
Duke  of  Bedford,  "minister  plenipotentiary,"  and  that  in  the  full 
powers  from  our  Congress,  dated  June  15,  17S1,  the  persons  ap- 
pointed to  negotiate  a  treaty  of  peace  with  England,  are  styled 
"ministers  plenipotentiaries,"  &c.;  and  he  ought  to  have  known, 
that  modern  history  is  filled  with  similar  examples. 

But,  sir,  Vhile  the  government  has  been  assailed  at  home  upon 
this  point  of  diplomatic  etiquette  it  has  been  redeemed  abroad 
from  all  blame  by  the  publication  of  the  letter  of  Geueral  Herrera, 


366 


THE  TEN  REGIMENT  BILL. 


[Friday, 


■wTitten  on  the  25th  of  August  last,  in  answer  to  qn  application 
from  Santa  Anna  inviting  hirn  (o  act  as  a  commissioner  to  treat 
for  peace  with  tlie  United  States.  "For  no  other  act  than  show- 
ing,  that  there  would  be  no  obstacle  to  his,  (Mr.  Slidcll's.)  pre- 
senting himself,  and  iiaving  his  propositions  heard,  my  administra- 
tion was  calumniated  in  the  most  atrocious  manner — for  this  act 
alone,  the  revolution,  which  displaced  me  from  the  connnand  was 
set  on  foot.''  I  need  add  nothing  to  this  declaration  of  the  Ex- 
President  of  Mexico.  I  leave  the  ([uestion  between  Mr.  Gallatin 
and  General  Herrera. 

The  other  objection  which  I  have  classed  as  an  episode  is,  that 
of  the  two  alternative  propositions,  which  the  President  w-as 
authorized  lo  offer  to  'i'exas,  he  chose  the  one,  which  committed 
the  United  .States  to  admit  her  into  the  Union  without  any  specific 
provision,  that  her  boundaries  should  be  established,  subject  to  the 
control  of  the  general  government. 

In  the  first  place,  sir,  the  present  administration  was  not  then 
in  power,  and  is  not  responsible  for  the  choice  of  the  mode  of  pro-_ 
cedure.  The  offer  was  made  by  Mr.  Tyler  before  the  expiration  of 
his  term  of  service. 

In  the  second  place,  the  power  of  decision  was  purely  discre- 
tionary,  and  if  the  President  was  wrong  in  selecting  that  alterna- 
tive. Congress  was  wrong  in  giving  him  the  power  to  do  so. 

In  the  third  place,  a  reasonable  discretion  must  necessarily  exist 
in  Congress  on  this  subject,  and  if  that  body  is  clearly  satisfied, 
that  Texas  claims  more  than  she  has  any  right  to  claim.  I  see  nothing 
in  the  act  of  annexation,  which  would  compel  the  government  to 
involve  the  country  in  an  unjust  war  to  delend  an  unjnst  claim. 

In  the  fourth  place,  the  honorable  Senator  must  know,  that  by 
no  other  mode  could  the  annexation  of  Texas  have  been  consum- 
mated, as  there  was  no  probability,  I  may  almost  add  possibility, 
that  any  treaty  for  that  purpose  would  be  ratified  by  the  Senate. 
A  constitutional  majority  of  two- thirds  could  not  have  been  obtained. 
The  law  itself  passed  this  body,  but  by  a  bare  majority  of  one  It 
was  annexation  under  the  law,  and  without  the  concurrence  of  the 
treaty-making  power  of  the  Senate,  or  it  was  not  annexation  at  all. 

Mr.  PresicFent,  a  few  remarks  upon  another  topic,  and  I  will 
cease  to  trespass  upon  the  indulgence  of  the  Senate. 

It  has  been  said  in  England,  and  in  the  United  States,  and  per- 
haps in  Mexico,  though  not  .so  bitterly  I  think,  that  our  armies  in 
that  country  have  committed  terrible  cruelties,  unworthy  of  us, 
and  of  the  age,  and  which  should  call  upon  us  the  condemnation 
of  the  world.  And  the  great  journal  of  England,  the  proeluimer 
of  English  moderation  and  philanthropy,  has  said  tliat^ 

"  Tlie  criH^lties  perpetrated  by  Hernando  Cortez.  on  liis  tmt  expedition  to  Mexico 
liave  been  surp.issed  in  bartj-irily  and  heartles-ness.  by  tlie  beioic  roiiiniander*  of  tbe 
model  Republic.  If  despotism  can  be  symbolized  by  a  linour.  A.meriean  re|,nbtiean 
ism  niav  lie  represented  by  a  gallows,  and  from  Ibe  same  spint  of  bistorle  iieraldry, 
wliieli  wonbi  iiniicate  Freircli  republicanism  by  a  guillotine." 

I  wish  I  could  give  the  date  of  this  article,  for  I  should  like  to 
fix  itsexact  chronology;  but  I  cannot,  as  I  cut  it  out  of  one  of  the 
American  papers,  and  have  since  lost  the  reference. 

Mr.  President,  I  listened  with  equal  pleasure  and  interest,  a  few 
days  since,  to  the  remarks  of  the  Senator  from  New  York,  (Mr. 
Dix.)  To  his  statesmanlike  views,  expressed  with  equal  clear- 
ness of  thought  and  felicity  of  language.  But  there  was  nothing 
wliich  better  become  his  position  or  ours,  than  his  exposition  of  the 
principles  of  the  British  government,  when  contrasted  with  its  pro- 
fessions— its  eternal  process  of  aggrandizement,  and  its  eternal 
claim  to  moderation.  And  I  was  the  more  struck  with  his  illus- 
tration of  the  subject,  because  it  corresponded  with  some  observa- 
tions I  had  the  honor  to  submit  to  the  .Senate,  on  the  same  subject 
at  the  last  session  of  Congress,  I  was  then  met  liy  the  Roman  war 
crv  from  the  honorable  Senator,  [Mr.  Webster,]  Ddendacst  Car- 
th'iigo,  as  though  the  mere  reference  to  historical  facts,  announced  a 
spirit  of  venneanec,  unbecoming  us  and  our  country,  Mr.  President, 
there  is  nothing  to  be  gained  by  soft  words,  on  such  occasions  as 
these.  They  may  turn  away  private  wrath,  but  they  never  yet 
turned  away  public  envy  and  jealousy.  Let  us  look  our  accusers  and 
their  accusations  full  in  the  face.  "  I  thank  God,"  said  the  Pliari- 
seo  of  old,  "  that  I  am  not  as  other  men  are."  We  thank  God, 
says  the  public  opinion  of  England,  that  we  arc  not  like  other  na- 
tions, and  least  of  all,  like  that  ijreat  grasping  moboeracy  of  the 
western  hemisphere,  which  is  seizing  and  nnnexing  the  territory 
of  its  iicighborsl  And  this  is  said  with  as  much  stern  gravity,  as 
thoic'li  the  coast  of  England  boundcil  her  possessions,  and  as  though 
there  were  a  r.jck,  or  islet,  or  island,  or  continent,  she  did  not 
covet,  and  coveting  did  not  seek,  and  seeking,  did  not  strive  to 
obtain,  with  a  strong  hand,  if  she  thimght  her  hands  strong  enough 
to  obtain  it.  In  the  whole  history  of  national  reproofs,  and  na- 
tional professicnis,  there  is  nothing  like  this — that  England  should 
cast  the  first  stone  against  other  nations,  for  a  spirit  of  conquest 
and  aggrandizement ! 

That  "reat  pajier,  the  Times,  grctU  in  its  circulation  and  in 
its  infiuenee,  is  the  existing  exponent  of  English  sentiment.  It 
docs  not  make,  hut  ministers  to  pidilic  opinion.  It  does  not  guide, 
but  indicates  it.  It  caters  for  the  national  appetite,  but  its  dishes 
arc  prepared  for  the  public  taste,  ami  not  the  laste  for  the  dishes. 
Every  calumny  upon  us,  every  slur  Ujion  mir  morals,  and  sneer  at 
our  manners  finds  open  ears  to  admit  them,  and  willing  hearts  to 
receive  them.  For  myself,  sir,  I  tun  tired  of  all  this,  and  I  think 
Mr.  Walsh  some  years  ago,  rendered  an  mu'cptable  service  to  the 
cause  of  truth  and  of  his  country,  by  the  piiblieatii^n  of  his  work 
upon  this  very  subject,  and  I  wi.sh  some  patriotic  American  wi>uld 
bring  it  down  to  the  present  day,  and  exiiibit  in  all  its  glaring  con- 

tru^r,  tliu  Jillcrcato  liolwcen  English  prtvciice  ami  Knglisli  pcol'es^ 


sions.  I  am  tired  also  of  the  eternal  cant  about  the  Anglo  Saxon 
race,  as  though  that  were  the  only  stock,  from  which  virtue  and 
intelligence  could  spring.  As  though  our  own  population  were 
homogeneous,  and  descended  from  the  English  family  alone;  while 
we  know  it  has  levied  contributions  upcm  all  the  nations  of  the 
earth;  upon  France,  and  Holland,  and  Spain,  and  Germany,  and 
Sweden  ami  Norwav,  lo  a  large  amount,  and  upon  Ireland,  op- 
pressed and  downtrodden  Ireland,  to  a  much  larger;  and  all  those 
contributions  soon  become  fused  together,  loosing  their  peculiar 
traits,  and  foririing  tbe  American  people,  with  a  character  of  their 
own,  and  I  think  with  pride  enough  to  assert  their  identity,  and  to 
treat  the  Anglo-Saxon  race,  as  they  treat  all  other  races,  in  ques- 
tions of  national  comity,  as  friends  or  enemies,  depending  on  the 
prevalent  sentiments,  with  which   they  themselves    are  regarded, 

Mr,  HALE,  (in  his  seat.)  and  Africa  too  ? 

Mr,  CASS, — Let  us  go  on  with  our  own  race  !  An  eye  for  an 
eye,  and  a  tooth  for  a  tooth,  said  the  Jewish  law-giver.  The 
rule  is  a  harsh  one,  and  I  would  not  adopt  it,  even  in  repelling 
national  calumnies.  But  with  England,  I  would  do  better.  I 
would  let  her  own  history  condemn  her,  when  she  asserts  her 
superiority  over  the  other  nations  of  the  earth. 

In  the  year  ]75tJ,  a  war  broke  out  between  the  English,  and  the 
Nabob  of  Bengal,  The  English  general,  Clive,  entered  into  a  se- 
cret correspondence  wilh  the  commander  of  the  Nabob's  forces. 
A  rich  Indian  banker,  naiued  Omichund,  was  a  principal  agent  in 
the  arrangement  of  this  affair,  and  he  was  to  receive  a  large  sum 
of  money  for  his  .services.  In  conformity  with  the  stipulations,  the 
commander  abandoned  his  master  upon  the  field  of  battle,  and  was 
elevated  by  the  English  to  the  vacant  throne,  Omichund  de- 
manded more  than  Clive  was  willing  to  grant,  but  fearing  that  he 
might  betray  the  secret,  the  English  general  determined  to  deceive 
him.     And  he  did  so.     I  quote  from  an  English  historian  : 

"  Omielmnd's  interesu  were  to  be  protected  by  a  siieoial  clause  in  ttie  treaty.  Two 
treaties  were  drawn  up;  one  written  on  wliite  paper,  contained  no  reference  to  Ormi 
cliuud;  another  written  upon  red  pajter.  contained  all  the  stipulations  of  tbe  white 
treaty,  ami  in  addition,  an  article  in  favor  of  Omichund.  to  deceive  whom,  was  tho 
only  purpose  for  which  it  existed.  But  a  new  ditficulty  occurred.  The  select  commit 
tee  had  no  hesitation  in  signing  both  tbe  treaties;  hut  Admiral  Watson  refused  his  as- 
sent to  tbe  mock  document,  and  the  absence  of  his  name,  it  was  foreseen,  would  ex 
cite  tlie  suspicion  of  so  wary  a  man  as  Omichund.  Here,  again.  ("live  liad  an  exjie 
ilient  ready.  It  was  to  atlach  the  Admiral's  name  by  another  hand,  (or  in  other  words 
to  forge  it.)  The  two  treaties  were  accordingly  rendered  complete,  and  the  red  one  an- 
swered its  purpoie.  Omichund  kept  the  secret  of  theconspirators,  Sooray  oo-Dowlah 
was  ilethroned,  aud  Meer-Jalfier  elevated  to  his  place." 

"The  sequel  of  the  tale  is  melancholy.        *  f  *  *  * 

That  document  wai  pro  Inced  in  white.  Omichund  became  agitated,  and  sai-i  "this 
cannot  bethe  treaty;  it  w.'is  a  red  treaty  I  saw."  Clive  uoolly  replied,  "  yes,  but  this 
is  a  white  one;"  and  turning  to  Scrafion.  who  spoke  the  native  language  more  per- 
fectly than  himself,  he  said,  "it  is  now  tim' to  undeceive  Omichund."  The  process 
of  undeceiving  tbe  miserable  man  was  short  and  simple.  In  compliuuce  will  the  sng- 
gestion  of  Clive.  Scraflon  said  ;  "Omichund,  the  red  treaty  is  a  trick;  you  are  to  have 
nothing."  and  be  needed  not  to  say  more.  The  senses  of  Omichund  hail  tied;  he 
fell  baidi  in  a  swoo  i,  'rom  which  he  recovered  only  to  linger  out  the  remnant  of  bis 
life  In  a  state  ot  idiocy." 

This  was  in  fact  tho  foundation  of  the  great  empire  of  England 
in  Hisdostan.  Many  an  English  moralist  has  visited  this  process 
of  acquisition,  the  only  one  perhaps  of  the  kind  in  all  history,  with 
that  indignant  reprobation  which  costs  nothing  but  well  turned 
periods.  From  that  lime  the  English  government  has  been  the  sover- 
eign of  Bengal.  But  where  is  the  Englishman,  moralist,  or  states- 
man, writer  or  politician,  who  has  ever  proposed  lo  surrender  this 
territory,  acquired  by  forgery,  or  to  redeem  the  national  character 
fi'om  the  charge  of  participating  in  the  crime,  by  rejecting  the  ben- 
efit it  brought  with  it  ?  So  much  for  coals  of  arms.  I  commend 
this  incident  to  the  Herald's  college.  But  to  return  to  the  charges 
of  cruelty  which  have  been  made  against  our  army  in  Mexico. — 
No  one  believes  them,  or  has  repeated  them.  We  are  all  equally 
free  from  that  reproach.  But  there  have  been  many  allusions,  cx- 
acgerated  ones  it  appears  to  ine,  to  the  terrible  cabimities  which 
our  war  has  indicted  upon  the  Mexican  people,  and  which  el.se- 
where  might  be  quoted  as  corroborative  proof  of  the  alledged  mis- 
conduct of  our  soldiers,  I  would  not  stop  to  quarrel  with  mere 
figures  of  rhetoric,  nor  would  I  apply  any  severe  canons  of  criti- 
eisiri  to  exteinporaneous  debates  like  ours,  where  luuch  is  said  in 
the  heat  of  discussion  that  our  cooler  judgment  does  not  approve, 
and  said  too  in  stronger  language  than  we  design  to  use. 

In  illustration  of  these  remarks,  I  will  read  a  short  extract  from 
a  speech  of  an  honorable  Senator  upon  this  Hoor,  who  in  all  the 
tjualitics  of  heail  and  lietirt,  that  give  worth  and  eminence  in  public 
or  in  private  life,  is  inferior  to  none  of  his  associates  : 

"  We  hear  of  an  iiiteiitioii  to  strike  outraged  Mexico  in  yet  more  vital  noinis — we 
do  not  arn'St  it.  We  Miller  the  expi'dilion  to  go  on.  Before  the  iMexicail  iilood  is  yet 
dry  iiiiou  the  fields  of  Talo  Alto,  Ri's.ica  de  la  I'aliua.  Monterey  and  Bueiia  Vi-s'a, 
Vera  Cruz  is  bnmb.irdcd.  Her  cburche,  fall  under  the  dreadtui  aim  ofthenionar — 
the  blood  ofberwoinen  ami  children  runs  in  streams  through  her  liefore  peaceful  and 
liappv  streets — her  almost  every  thoroughfare  is  obstructed  by  the  nibiigkHl  bodies  of 
her  slangbtered  cvvizeus,  until  at  last.  Iier  valor  can  hold  out  no  longer  before  the  miglity 
and  cnisbmg  power  of  our  arms.  She  surrenders.  Yet  still,  onr  vengeance  is  not 
glutted.  Innocent,  nuotrending,  outraged  Mexico  has  yet  more  cities  to  be  laid  wrLslo 
or  comtuered — more  hearts  to  be  wrung— more  gallant  blood  to  be  shed— more  women 
and  children  to  b,;  slaughtered — more  agon  v  in  every  form  tosulTcr,  V\'e  have  not  yet 
bad  our  hll  of  blood.  We  inari-h  on  in  fiendish  progress.  At  (.V'iro  Cordo.  Churu- 
bnsco,  Chepultcpec,  Molino  del  Key,  our  lunrch  ol  slanglilcr  is  renewerl,  and  goes  on 
with  yet  III  ore  fearlul  violence.  Mexican  blood  waters  everv  plain.  The  cries  of  Mex . 
ienn  agony  startle  every  ear,  and  still  the  work  goes  on.  We  iuy  seige  lo  the  city  of 
Mexico  iLseif — bombard  its  peaceful  dwellings— make  her  streets  lo  run  wilh  hninan 
bh'od.  and  slaugliter  again  woiueii  and  children,  until  resistance  becomes  unavailing. 
We  get  possession  of  the  capital,  anil  yet  carry  on  ihe  contest.  Sir.  can  our  country 
have  done  siicli  deeds  ?  Is  she  so  deeply  steeped  in  crime  ?  Has  she  no  honor  lel\  ? 
Are  we  clinstiuu  and  civilized  men,  or  are  we  lobbers  aud  murderers  ?  I  hope  she  w  lU 
pardon  me  Ihe  ilKiuiry;  and  yet  if  Ihe  war  was  unjnst,  if  it  was  not  provoked,  if  it  was 
onr  act  and  not  the  act  of  i\lexico.  cvciy  hunuiu  llcjirl,  nuiiualud  by  tl  sioglu  huiuau 
In-Liiji,  1,'uu  but  »u»wii[  tu  1U9  iillinuitliv«. 


March  17. j 


THE  TEN  REGIMENT  BILL. 


367 


^  But,  nosir.nosir,  it  isnot  so.  Sheis  liicJi  miiirfeil.  just  and  IionorabI»?.  She  is  civiliz- 
ed, not  savrijre.  Herrilizens  ai«  moral  and  cluislian.  Those  scenes  are  in  the  eye  of  (Jod 
and  man  tobe  justified,  because  necessary  to  our  honor,  and  (breed  upon  us  in  vindl- 
ration  of  our  vi'olateii  rights.  Mexico  is  .answerable  for  all  these  sad  and  sickeninfi  re- 
sults. The  war  is  nist,  because  she  commenced  it.  It  doe^  exist  liv  her  act.  and.  so 
help  ine  fiod.  but  forlhat  conviction,  as  I  reverence  truth  and  detest  falseliooii,  1 
would  never  have  voted  tor  the  act  of  the  l.'illi  May,  '40. 

"  TliPso  srenns,"  says  the  honorable  Senator,  "are  in  the  eyes  of 
God  :tnil  rann  to  be  jtistifieil.  beeau.?e  nece.ssary  to  our  honor,  and 
loreeil  ii]ion  us  in  vinilication  of  otir  viohited  rights. " 

Mr.  President,  we  have  afar  better  justification  than  belligerent 
necessily  for  our  conduct  in  Mexico,  and  that  is,  that  these  scones 
lis  described  did  not  and  could  not  occur  there.  The  colors  are  too 
dark,  and  the  picture  not  true  to  nature.  And  no  one,  sooner  than 
the  Senator  himself,  will  be  rejoiced  at  an  opporltinity  of  correcting 
any  misapprehension  to  which  the  strength  of  his  language  may 
have  exposed  liis  meaning. 

Now,  sir,  I  put  it  to  the  honorable  Senator  and  to  the  Senate, 
whether  such  vivid  descriptions  as  this,  are  not  calculated  to  do  us 
injury  in  the  eyes  of  the  world  ?  Whether  they  will  not  be  trans, 
ferred  to  the  other  hemisphere,  and  swell  the  catalogue  of  calum- 
nies which  intolrranee,  both  political  and  social,  is  pouring  out 
against  our  eounlry?  I  liave  ttiade  a  good  detil  of  enquiry  upon 
the  subject,  and  I  am  perleetly  satisfied,  that  the  evils  which  the 
progress  of  our  arms  has  inflicted  upon  Mexico  are  far  less  than 
ever  before  attended  the  operations  of  a  hostile  army.  It  would 
be  folly  to  deny  that  war  brings  calamities  enough  under  the  tuost 
favoraljle  circumstances  ,  where  even  the  discipline  of  an  invading 
armv  is  the  sternest  ;  the  disposition  of  the  commander  and  of  the 
officers  Ihe  best  ;  and  the  measures  to  repress  unneeessary  vio- 
lence the  promptest  and  the  most  efficient.  But  I  religiously  be- 
lieve that  the  injuries  we  have  committed  in  Mexico,  and  I  have 
taken  some  trouble  to  ascertain  the  truth,  have  been  less,  far  less 
than  ever  followed  in  the  ti-ain  ofatiy  army  that  ever  went  forth  to  fo- 
reign war.  I  have  run  tny  eye  over  several  pages  of  history,  cur- 
sorily indeed,  but  carefully  enough  for  my  purpose,  to  ascertain 
what  has  been  the  conduct  of  other  nations  in  similar  circumstan- 
ces, and  how  far  they  have  carried  their  forbearance,  either  in  the 
exciting  operations  of  a  campaign,  or  after  victory  had  crowned 
their  exertions.  I  have  not  omitted,  in  this  search,  a  glance  at 
the  military  history  of  England,  whence  the  first  stone  is  always 
thrown  at  us,  and  yjjio,  guiltless  herself  of  ainbition  and  oppres- 
sion, is  the  self-constituted  judge,  I  was  about  to  say,  but  I  cor- 
rect myself  by  say  ng,  t  o  condcmner  of  this  country,  past,  pres- 
ent, and  to  come. 

And  now  what  says  the  record  of  human  wars  ?  I  have  collect- 
ed, Mr.  President,  from  the  records  of  history,  several  instances 
of  the  extreme  cruelties  and  sufti?rings  which  have  attended  warfare 
from  the  period  described  by  the  Jewish  historian  when  I  licy  took  all 
his  cities  at  that  time,  and  utterly  destroyed  the  men,  and  the 
women  and  the  little  ones  ;  of  every  city  they  left  none  to  remain, 
down  to  the  last  continental  war  which  ravaged  Europe.  I  shall 
content  myself  with  a  brief  reference  to  some  of  them. 

Louis  the  XlVth  laid  waste  the  Palatinate,  and  men,  women 
and  children  were  driven  in  a  severe  season  out  of  their  habitations 
to  waniler  about  the  fields,  and  to  perish  of  hunger  and  cold  ; 
while  they  beheld  their  houses  reduced  to  ashes,  their  goods  seized, 
and  their  possessions  pillaged  by  the  rapacious  soldiery. 

At  the  siege  of  Prague,  by  the  philosojihic  Frederick,  twelve 
thousand  famished  houseless  wretches  were  driven  out  by  the  Aus- 
trians,  but  were  compelled  by  the  Prussians  to  return  in  order  that 
an  increasing  famine  might  force  their  enetiiies  to  a  more  speedy 
surrender.  More  than  one  liundred  thousand  bombs  and  rcmhot 
shot  were  thrown  into  the  city,  and  upwards  of  nine  hundred  houses 
reduced  to  ashes. 

In  the  invasion  of  Prussia  by  the  Russians  in  1765,  they  hung 
innocent  inhabitants  from  the  trees,  tore  out  their  hearts  and  their 
intestines,  ripped  open  their  bodies,  cut  olf  their  noses  ami  cars, 
broke  their  legs,  fired  villages  and  hatnlets,  fortucd  a  circle  round 
the  burning  houses,  and  drove  back  their  fleeing  inmates  into  the 
flames. 

An  officer  serving  in  the  French  army  in  1757,  says  ''the  country 
is  plundered  and  laid  waste  for  thirty  leagues  around  tis,  as  if  fire 
from  Heaven  had  fallen  upon  it.  Our  soldiers  plundered,  mur- 
dered, and  committed  all  sorts  of  abominatio/is." 

The  history  of  the  English  sieges  in  Spain  and  Portugal,  con- 
tain terrible  narratives  of  human  suflering.  I  will  merely  quote 
the  remarks  of  Col.  Napier,  the  historian  of  Wellington's  cam- 
paigns, upon  the  capture  of  San  Sebastian.  "This  storm,''  says 
he,  "seemed  to  be  the  signal  of  hell  for  the  perpetration  of  villainy 
which  would  have  shamed  the  most  ferocious  barbarians  of  anti- 
quity. At  Cuidad  Rodrigo,  intoxication  and  plunder  bad  been 
the  principal  object  ;  at  Badajoz,  lust  and  murder  were  joined  to 
rapine  and  ilriinkenncss  ;  but  at  San  Sebastian,  the  direst,  the 
most  revolting  cruelty  was  added  to  the  catalogue  of  criines.  One 
atrocity,  of  which  a  girl  of  seventeen  was  the  victim,  staggers 
the  mind  by  its  enormous,  incredible,  indescribable  barbarity." 

So  much  for  an  English  siege.  Let  another  passage  describe 
the  progress  of  an  English  army.  "On  this  occas.on,'"  says  Col. 
Napier,  that  is  on  the  first  days'  march  of  the  English  army  from 
Madrid,  "there  was  no  want  of  provisions,  no  hardships  to  exaspe- 
rate the  men,  and  yet  I,  the  author  of  this  history,  counted  on  the 
first  day's  march  fiom  Madrid  seventeen  bodies  of  murdered  peas- 
ants." 

Such  is  war  in  the  old  world.  God  forbid  that  horrors  like  these 
should  accompany  its  progress  in  the  new!  No  man  who  has  the 
slightest  knowledge  of  the  American  character  can  believe  that  such 


atrocities  have  ever  been  committed  by  our  troops.     Where  are  the 

burning  cities  behind  us?  The  desert  country  before  us  abandoned 
at  our  approach?  The  devastation  and  oppression  around  us, 
marking  at  the  same  time  our  power  and  our  cruelty?  We  can 
say  it  in  a  spirit  of  truth  and  not  of  national  vanity,  that  such 
scenes  have  no  place  where  our  armies  march.  Though  mv  con- 
victions on  this  subject  are  as  strong  as  convictions  can  well  be 
yet  I  have  not  hesitated  to  fortify  tbcm  with  all  the  information  I 
could  procure  here.  I  have  inquired  of  many  gallant  officers  who 
have  visited  us  what  has  been  the  conduct  of  our  troops  in  Mexico 
and  I  have  received  but  one  answer  and  that  expressed  in  the 
strongest  terms,  that  no  men  could  have  behaved  better  under  the 
circumstances  in  which  they  were  placed.  Such  is  thetcslimody  of 
General  Quitman,  of  General  Shields,  of  General  Pierce,  of  Colo- 
nel Harney,  Colonel  Garland,  Crdonel  Morgan,  and  others.  I 
name  these  names  because  they  are  known  to  the  whole  country, 
and  those  who  bear  them  have  ahso  borne  distinguished  parts  in  our 
operations  in  Mexico,  and  have  been  in  the  best  situation  to  ascer- 
tain the  truth.  Tlicy  have  authorized  me  thus  publicly  to  appeal 
to  their  testimony,  and  I  believe  I  understood  from  all  of  tlicin  that 
tlicy  were  not  aware  of  an  instance  ol  private  assassination  by  an 
American  soldier  in  Mexico.  Ofl'enees  against  persons  are  almost 
unknown,  and  the  Mexicans  tlicmsclves  find  tind  acknowledge  this 
foreign  armed  government  better  and  more  ct[ual  than  their  own, 
which  it  has  replaced.  Gen.  Pierce  informed  me  he  did  not  believe 
that  in  the  march  from  Vera  Cruz  to  Piiebla  damages  to  the  amount 
of  five  dollars  were  committed  and  left  unpaid  by  his  column  of 
twenty-five  hundred  men.  General  Quitman  was  the  military  go- 
vernor  of  Mexico,  and  well  acquainted  therefore  with  its  internal  po- 
lice, and  he  says  our  soldiery  is  as  regular  there  as  in  one  of  our 
own  cities.     General  Shields  in  a  note  to  me  on  this  subject  says  : 

"In  rejiiy  to  your  enquiries,  touching  the  general  conductor  oor  troops  in  Mexico, 
1  can  briefly  slate,  that  in  my  opinion,  our  army  has  been  more  distin^ni^tled  for  ma^- 
naniinityand  humanity,  than  even  for  bravery.  In  Mexico  this  has  been  freely  ac- 
knowledged on  all  occ.asions.  both  by  foreign  residents  and  natives.  No  other  army,  it 
is  adniiued,  ever  b<-lia\edso  well  under  similar  circiinLstanee*." 

Colonel  Garland  says  : 

"  It  is  scarcely  po>sible  th'il  the  army  which  marched  ironi  Vera  Cruz  and  entered 
the  city  of  .Mexico  in  triumph  could  have  been  guilty  of  any  ontr.ige  upon  iinoflcnding 
jico))le  without  its  coming  to  my  knowledge.  Kvery  thing  taken  on  the  march  and  in 
the  various  lownsoccupied  by  our  troops  was  uiiiform'y  paid  for  by  ortler.  Many  of 
the  most  respectable  inhabitants  have  remarked  to  mi>  thar  they  felt  greater  security, 
botli  for  llieir  persons  and  property,  whilst  their  towns  were  occupied  hv  American 
tioops  than  they  had  formerly  enjoyed  for  a  tjuarter  of  acenturv." 

Colonel  Morgan  in  a  note  ahso  says  : 

"  The  conduct  ol  our  tioops  in  the  field  having  Ijecome  a  subject  of  misreiiresenta- 
tion,  I  respectfully  [ilace  at  your  disposal  a  few  facts  which  fully  refute  the  charges  of 
the  enemies  of  our  country,  whether  made  at  liome  or  abroad  ; 

"  t_iur  iieople  have  greater  cause  to  be  proud  of  the  magnanimity  of  the  Amencan 
commanders  and  their  troops  after  victory,  than  of  their  valor  duiing  (he  battle.  Il  is 
nil  every  day  scene  in  the  field  to  see  an  Ameiiean  sotilier,  in  the  heat  of  hatlle,  kneel 
down  beside  his  wounded  enemy  and  give  him  water  from  Ins  canteen  and  sliare  the 
la-Hl  morsel  of  his  biscuit  willi  his  prostrate  foe. 

"  In  European  warfare  the  hislury  of  the  storming  of  a  city  is  at  the  same  time  a 
btslory  of  its  pillage.  What  are  the  facts  in  legard  to  the  sforrning  of^  Mexico  7  Al- 
though the  enemy  had  infamously  violated  the  armistice  of  rhurtibusco;  and  afler- 
wards.  on  the  bloody  field  ot*  Molino.  they  mangled  and  murdered  our  wounde<l  ofiiccis 
and  soldiers  when  too  feeble  to  defend  themselves;  notwithstanding  all  this,  our  sol- 
diery rr.sCH/o/ the  barbarity  ot' their  enemy  by  ptotecling  their  Jiroficrty  from  the  jiil 
lage  of  their  own  leperos. 

"  Innumerable  instances  might  be  given  of  the  forbearance  of  our  troops,  hut  I  will 
gi\e  hul  one  ortwo. 

"A  company  of  the  lilh  Infantry,  in  cutting  its  way  through  a  bouse,  entered  a 
room  containing  an  open  box  of  gold  coin.  The  Ameiiean  soldiers  occujuedtho  room, 
passed  through  if,  and  not  a  dollar  was  touched.  Qu  the  same  night  a  party  of  our 
troops  discovered  a  box  of  gold  addressed  to  a  Mexican;  they  immediately  reported  the 
fact  lo  their  olTjcer,  and  he  placed  the  box  in  charge  of  a  foreign  minister  to  be  fM\\  . 
ercd  to  Ihe  owner.  This  conrluct  excitetl  the  astonishment  of  the  Mexican,  and  in  a 
public  card  he  exjiressed  bis  admiration  of  llie  forbearance  of  the  .-^inerican  troops. 

"  Our  army  lias  ever  esleemed  generosity  as  a  nobler  viitue  than  courage;  and  if  it 
boasts  at  all,  it  is  of  its  humanity,  not  its  prowess." 

These  are  bright  testimonials.  Honors  thus  won  antl  worn  hv 
our  gallant  citizens  are  dearer  to  their  countrymen  than  the  glo- 
rious  exertions  of  the  battle  field  or  the  victories  that  have  crovi'iied 
them. 

Incidents,  like  these  described  by  Colonel  Morgan,  have  been 
related  to  me  by  other  officers,  anil  they  better  illustrate  the 
present  topic  than  any  panegyric,  however  warm,  or  any  de- 
scription, however  graphic.  A  Mexican  horseman  rides  over 
the  battle  field  thrusting  his  lance  through  the  helpless  wound- 
ed, gleaning,  with  savage  ferocity,  in  the  harvest  where  the 
Great  Reaper  himself  had  passed  and  spared;  while  the  Amcr- 
icaii  soldier  in  the  same  scene  of  carnage  stoops  down,  and 
raising  his  prostrate  foe,  pours  the  contents  Of  his  canteen  into  his 
parched  lips,  and  recalls  his  fainting  spirit  to  bless  the  generous 
enemy.  This  picture  is  at  the  same  time  a  bright  and  a  dark  one, 
but  it  marks,  both  now  and  forever,  the  characteristics  of  the  two 
armies,  and  I  commend  it  lo  all  who  doubt  the  humanity  of  the 
American  soldier,  or  the  ci^uelty  of  the  Mexican. 

Mr.  WEBSTER. — I  entertain  no  inteniion  to  discuss  the  gene- 
ral topics  introduccil  in  the  speech  of  the  honorable  gcntletDaiT.  On 
one  jioint  only,  I  viish  to  say  a  few  words,  and  that  is  with  regard 
lo  the  remarks  which  he  made  upon  the  speech  of  the  honorable 
member  from  South  Carolina,  and  some  observations  of  my  own, 
upon  this  assumed  authority  by  the  Executive  of  the  United  States, 
to  levy  and  collect  taxes  in  Wc.vico.  Now,  sir,  when  gentlemen 
of  experience  and  character  debate  these  grave  questions,  the  first 
thing  is  to  ascertain  what  these  questions  are,  and  to  present  them 
truly,  according  to  their  character,  for  discussion.  The  honorable 
member  from  Michigan,  supposes  that  this  levying  of  ta.xes  and 
imposts  in  the  territories  of  Mexico,  by  the  authority  of  the  Presi- 
dent of  the  United  States,  is  an  act  of  war.    It  is  ntj  such  thing. 


368 


THE  TEN  REGIMENT  BILL. 


[Fkiday, 


Mr.  CASS,  (in  his  scat.)     It  is  a  right  of  war. 

Mr.  WEBSTER. — It  is  no  such  lhin<;.  It  is  neither  an  act  nor 
a  rif^ht  of  war,  accordini^  to  the  law  of  nations.  He  calls  it  a  con- 
triliiition.  It  is  no  contribution.  It  is  a  lcn;islative  act,  and  when 
the  honorable  member  quoted  those  pcjrlions  of  the  United  States 
Conslitution  which  he  thought  applicable  to  the  case,  he  might 
withont  impropriety,  have  quoted  another  passage,  which  says — • 
that  all  legislative  power  is  vested  in  the  Senate  and  House  ol 
Representatives.  IVow,  it  exactly  comes  to  this;  is  the  establish- 
ment of  a  code  of  customs  in  Mexico  an  act  of  war,  or  derived 
from  war,  or  an  act  of  legislation  ?  Why  clearly  it  is  the  latter. 
I  want  to  know  how  the  President  of  the'United  States,  can  over- 
turn the  revenue  law  of  Mexico,  and  establish  a  new  one  in  its 
stead,  any  more  tlian  lie  can  overturn  the  law  of  the  descent  of 
property— the  law  of  inheritance — the  criminal  code  or  any  other 
portion  of  Mexican  law  ?  A  contribution  levied  upon  Mexico  !  It 
is  no  siieh  ihing.  What  is  it  ?  It  is  a  code  of  customary  duties 
framed  here  iiAlio  Treasury  Department  and  sent  to  Mexico,  to 
be  exercised  upon  wliom,  and  upon  whose  property?  Upon  the 
Mexicans?  Why.no,  sir!  Very  little  of  it  upon  Mexicans,  be- 
cause it  is  a  law 'of  imjiosts.  It  is  a  law  upon  those  who  import 
goods  and  merchandize  into  Mexico— upon  all  the  neutrals  of  the 
xvorld — upon  all  non-combatants;  and  not  only  that,  but  it  is  a 
law  levying  a  duty  of  imposts  upon  goods  and  merchandize  carried 
thither  bv  citizens  of  the  United  States;  and  that  the  honorable 
gentleman  calls  a  "contribution." 

Mr.  CASS.— I  do. 

Mr.  WEBSTER.— Well,  then,  I  think  ho  calls  things  bynames 
which  have  no  more  relation  to  them  than  black  has  to  white.  It 
is  not  a  contribution  at  all. 

Mr.  FOOTE. — I  would  ask  the  honorable  gentleman  whether 
he  conceives  it  to  be  the  duty  of  the  government  of  the  United 
States  to  protect  the  revenue  officers  of  Mexico  in  the  collection 
of  duties;  or  should  their  proceedings  have  been  superseded  by 
proceedings  of  a  similar  kind  on  the  part  of  the  United  States  ? 
What  would  he  have  done  in  the  case  ? 

Mr.  WEBSTER. — Just  exactly  what  Congress  in  its  discretion 
should  think  fit  to  do.  What,  I  say,  is,  that  it  is  an  exercise  of 
legislative  power,  and  no  exorcise  of  military  power.  If  there  is 
any  analogy  belwcen  that  and  the  ease  mentioned  by  the  honora- 
ble gentleman  of  the  marslials  of  the  French  army  levying  contribu- 
tions as  they  inarched  from  city  to  city,  fla<j;ruiite  bctlo  at  the 
head  of  their  forces,  1  do  not  understand  the  logic — I  do  not  under- 
stand that  train  of  legal  mind  which  can  )icrceive  analogies  in 
cases  which,  as  it  appears  to  mc,  are  entirely  dissimilar.  When 
an  army  marches  through  an  enemy's  country,  it  is  supposed  to 
have  the  right  of  supporting  itself  by  the  strong  hand  ;  it  has  the 
absolute  right  of  war.  whether  it  choose  to  exercise  it  or  not,  to 
make  pillage — to  seize  iirivato  property;  and  what  is  contributionJ^ 
AVhy,  it  is  a  substitute  for  the  law  of  pillage,  the  practice  of 
plunder.  When  an  army  approaches  a  city,  the  commander  of 
that  army  asks  so  much  support— so  many  thousand  crowns — such 
and  such  provisions;  he  .says  he  will  take  them  by  the  stroni|  hand, 
unless  the  authorities  compound  by  giving  so  much  money,  in  con- 
sideration of  which  he  will  forbear  the  exereiso  of  that  military 
right. 

Let  me  ask  the  honorable  gentlemen  another  question.  A  part 
of  this  system,  sanctioned  by  the  President,  was,  that  the  monies 
collected  by  these  levies  should  be  paid  over  to  the  military  and 
naval  olliccrs.  Could  they  not  just  as  well  have  been  ordered  to 
lie  brought  here  and  ]iut  into  our  treasury  ?  Docs  it  make  a  par- 
ticle of  dilfereiice,  and  is  it  not  a  sysl cm  of  revenue  established 
under  executive  authority  in  Mexico,  ;ind  will  any  man  call  that 
iniliiarv  contribution  V  Lot  it  be  shown  by  any  authentic  work  on 
national  law — by  any  decided  case — by  any  course  of  reasoning  or 
argiiincnt,  that  tlic'icvying  of  a  peruianeut  system  of  revenue, 
in  a  coiiqucri:d  tcrrilory,  is  exactly  the  same  thing  as  a  temporary 
or  occasiinial  inihiary  contribution  of  a  marching  army;  and  then 
the  charge  brought  against  the  administration  cannot  bo  maiii- 
taiiicd. 

Mr.  CALIIOUN.-^I  rise  to  make  a  very  few  remarks.  When 
1  .addressiil  the  Senate  yesterday,  in  reply  to  the  question  what 
shall  we  do  if  the  treaty  is  not  ratified,  I  answered — ^taUe  posses- 
sion of  the  counlry  which  is  ceded  to  us  by  that  instrument,  occupy 
it,  and  defend  it.  'J'he  worthy  Senatcu'  from  Michigtui  says  he  is 
at  a  loss  to  undcrslaiid  what  I  mean  by  that.  Wcdl,  there  is 
not  much  diU'crcnco  between  us.  I  am  at  a  loss  to  understand 
why  he  cannot  understand  it.  It  appears  to  nie  to  bo  one  of  the 
plainest  propositions  in  the  world.  He  has  hunted  up  a  thou.sand 
imaginary  diUiculties  that  never  did  t«ist,  and  never  can  I'xist,  in 
order  to  make  good  his  case.  Docs  he  wish  to  know  how  my 
Iilaii  can  b(' carried  out?  I  jioint  to  the  ciiso  of  Texas.  The 
whole  of  the  i-astorn  Irouticr  in  the  line  ceded  to  us,  as  is  siip- 
liosed,  by  the  treatv,  was  the  boundary  which  Texas  claimed  as 
against  Mexico,  iVciw,  does  not  every  man  know,  that  for  seven 
long  years  Texas  held  pos.session  of  that  frontier  without  a  single 
invasion  on  the  part  of  Mexico,  aiid  that  at  a  lime  when  Texas 
had  not  more  than  three  or  four  companies  of  regulars  altogether? 
Now,  sir,  if  Texas  c-onld  hold  that  line  then,  is  there  any  diliiciilty 
with  Ti'xas  in  iloiiig  it,  now  that  she  has  doubled  her  population, 
and  is  backed  by  the  whole  of  the  United  States  ?  And  yet  the 
worthy  Senator  from  Michigan  cannot  understand  it !  It  is  im- 
possible that  hu,  can  understand  it !     Again,  as  to   California,  he 


is,  if  possible,  more  at  a  loss  with  regard  to 
dilficulty  is  our  occupying  the  Gulf  ol   Califo 


that.  His  first  great 
Ity  IS  our  occupying  the  Uulf  of  (Jalilornia.  If  the  Senator 
vill  remember,  the  line  that  I  proposed  passed  through  the 
whole  extent  of  the  Gulf  of  California,  and  if  he  will  look 
at  the  map  he  will  find  it  is  a  very  broad  expanse  of  water. 
He  will  tind  that  it  covers  a  very  large  portion  of  California 
— all  the  settled  and  inhabited  (lortion  of  California.  If  he 
will  look  at  the  statistics  of  Me.xico,  he  will  tind  that  she  has 
not  a  single  armed  vessel.  Now,  what  I  proposed  was,  that  a 
few  armed  vessels — one  or  two  steamers  among  them — occupying 
that  expanse  of  water  would  secure  us  against  all  attacks  of  Mex- 
ico on  that  portion  of  the  line;  and  yet  the  Senator  could  not  un- 
derstand it !  It  is,  as  I  understand,  with  him,  a  sort  of  metaphysi- 
cal idea  !  Now,  as  to  the  residue  of  that  line.  The  whole  length 
of  it  is  about  four  or  five  hundred  miles  from  the  head  of  the 
gulf  to  the  Paso  Del  Norte.  That  is  all  that  remains  to  be 
defended.  Well,  the  whole  of  the  country  covered  by  that 
line  is  inhabited  by  Indian  tribes,  so  powerful  that  there  is  no  lear 
of  Mexico  invading  it.  They  invade  Mexico.  They  are  too  pow- 
erful for  her,  and  it  will  not  rcipiire  a  single  soldier  lobe  stationed 
in  the  whole  extent  of  that  line  in  order  to  protect  us  against 
Mexico.  There  may  be  some  protection  necessary  against  the  In- 
dians. Now  we  know  that  California  is  so  far  remote  from  Mexi- 
co, the  diniculty  of  approach  is  so  great,  that  the  mere  handful  of 
people  in  California  have  been  enabled  in  fact  to  have  almost  an 
independent  government  there.  I  venture  to  say  that  not  a  single 
regiment  will  be  needed  there — that  the  Americans  now  there,  to- 
gether with  the  natives  who  are  well  affected  towards  us  and  de- 
sirous of  seeing  our  authority  established,  will  be  quite  adequate 
to  defend  it  against  Mexico  forever,  with  the  aid  of  a  lew  vessels 
in  the  Gulf  of  California. 

Now  I  venture  to  present,  what  no  doubt  will  appear  to  the  Se- 
nator a  very  bold  proposition:  the  cost  would  be  vastly  less  to  fall 
back  and  occupy  the  country  without  the  treaty,  than  to  occupy 
it  under  the  treaty.  1  beg  the  especial  attention  of  the  Senator. 
Under  the  treaty — I  may  speak  of  what  every  one  knows  perfectly 
well — a  large  mass  of  Indians  is  thrown  on  our  side  of  the  line,  and, 
from  the  necessity  of  the  case,  we  shall  be  compelled  to  defend 
Mexico  against  these  Indians;  or,  if  we  should  not,  and  Mexico 
should  have  force  enough,  she  will  have  the  right  to  pass  over 
and  attack  these  Indians  within  our  line,  to  which  we  conld  not 
submit.  For  that  purpose,  then,  we  will  be  obbged  to  establish 
a  lino  of  military  posts  along  the  whole  length  of  the  Gila,  from 
the  Paso  del  Norte  to  the  head  of  the  Gulf  of  California.  But  it 
would  rcc[uiie  a  larger  and  more  expensive  force  to  occupy  this 
long  line  of  posts,  so  as  to  defend  Mexico  against  the  Indians  than 
would  bo  necessary  to  occujiy  and  defend  the  country  against  the 
Mexicans  themselves.  The  reason  is  obvious.  The  Gulf  of  California 
(as  I  have  stated)  will  cover,  with  a  few  vessels,  the  whole  of  the 
settled  part  of  California;  and  the  Indians  occupy  the  whole  inter- 
vening country  between  the  hctid  of  the  gulf,  and  the  Paso  Del 
Norte,  which  would  effectually  cover  us,  from  the  possibility  of  an 
attack  on  that  part  of  the  line,  from  the  Mexicans.  Nor  would  it 
bo  necessary  to  have  any  considerable  force  to  protect  us  against 
the  Indians,  as  their  hostility  to  Mexico,  and  their  love  of  plunder, 
would  direct  their  warfare  exclusively  against  Mexico.  Thus  the 
long  line,  of  which  the  Sentitor  spoke,  of  fifteen  hundrsd  miles, 
could  to  its  whole  extent,  from  the  ocean  to  the  Paso  Del  Norte, 
be  defended  by  a  small  force,  and  at  an  inconsiderable  expenditure 
if  held  without  the  treaty.  The  only  remaining  part  that  might  re- 
qiim;  protection  would  be  from  the  Paso  to  the  ocean,  along  iho 
KiJrDd  Norte;  and  we  know  from  the  experience  of  Texas  how 
little  that  will  probably  cost.  Now,  if  we  add  to  this  difference 
in  the  cost  of  defending  the  country  without;  the  treaty,  and  of 
dch'uding  under  the  treaty,  the  large  sum  of  fifteen  or  twenty 
millions  of  dollars, which  will  lie  saved  if  Mexico  Tcfuses  to  ratify 
the  treaty,  there  can  be  no  doubt  but  wx  will  be  great  gainers  in 
a  ]iccuniary  point  of  view,  if  she  should  refuse  to  ratily. 

But  I  understand  the  drift  of  the  Senator's  remarks  in  this  par- 
ticular. He  and  I  entertain  directly  opposite  opinions  as  to  what 
should  be  done,  in  case  the  treaty  should  not  be  ratified.  Ho  is  in 
that  I'vent  for  a  vigorous  prosecution  of  the  war,  and  hence,  in  or- 
der to  force  the  country  upon  that  ultimatum,  his  vigorous  attack 
upon  the  policy  of  which  in  that  case  1  am  in  favor,  and  exagnfe- 
rated  statement  of  the  expense  and  dilficulty  of  maintaining  it. — 
Indeed,  there  has  been  a  standing  confiict  between  the  two  lines 
of  policy,  almost  from  the  commcncciueiit  of  the  wtir,  and  hence 
the  repeated  assaults  of  a  simihir  character,  which  have  been  inces- 
sant Iv  made  on  that  which  1  have  niainttiincd,  and  with  the  same 
view,  by  those  who  support  the  policy  maintained  by  the  Senator  ; 
but  I  luivo  no  fear — none  in  the  world — that  we  shall  ever  return  to  a 
•'vigorous  prosecution  of  tlio  war."  That  day  is  gone.  Y<m  can- 
not vitalize  the  policy.  It  is  buried,  'i'hc  country  would  consitlcr 
it  the  greatest  misfortune  th;it  could  befall  us,  if  we  were  to  rcojien 
and  renew  the  Mexican  war.  The  tide  of  public  opinion  is  running 
with  irresistible  force  against  *it.  I  have  no  apprehension  of  it. 
But  I  do  desire  that  in  the  meantime  the  public  mind  shall  not  be 
occu|iied  with  an  idea  which  will  |H-cveut  it  from  falling  into  its 
natural  position,  if  this  treaty  should  be  ratified.  If  tho  treaty 
shoulil  not  be  ratified,  it  is  plain  that  we  must  keep  possession  of 
tho  country  tiiul  defend  it. 

Every  Senator  can  speak  as  to  himself  and  his  votes  during  se- 
cret .session.  I  voted  for  the  treaty  and  I  supported  it.  But  did 
1  do  that  because  I  regarded  it  as  preferable  to  the  course  vfhich  I 
indicated  at  tho  conimencement  of  this  ami  last  session?  No,  sir, 
not  at  all.     I  did  it  for  two  reasons:  iu  the  first  place,  I  was  anx- 


March   17.] 


THE  TEN  REGIMENT  BILL 


369 


ious  to  terminate  this  war  on  any  reasonable  gronnJ.  and  was  de- 
termined to  avail  myscH'of  the  earliest  oppnrtiinily  of  terminating 
it  for  I  hold  it  to  be  pregnant  of  evil  ol  the  most  dangerous  cna- 
raeter,  if  it  continues.  In  the  ne.xt  place,  it  is  the  natural  way  ol 
terminating  hostilities  between  nations;  and  many  of  my  riends 
whom  I  see  around  me  will  testify  that  I  have  declared  lor  the  last 
three  or  four  weeks  tjiat  I  was  in  favor  of  allowing  the  administra- 
tion reasonable  time  to  make  a  treaty.  But  at  the  same  time  1 
was  not  it^norant  of  the  many  advanta^s  of  a  delcnsive  line.  Ami 
a^ain.  I  take  this  ..pportunity  to  sav  that  so  far  as  my  voice  is  con- 
cerned, I  wish  it  now  to  be  established,  as  I  hope  it  will  be  by  the 
ratification  of  the  treaty,  that  we  never  .shall  take  by  an  aggressive 
war  one  foot  of  territory  by  conquest.  We  pay  by  the  treaty  the 
full  value— more  than  the  full  value— a  hundred  times  more  than 
the  full  value,  as  far  as  Me.xico  is  concerned,  for  it  is  worse  than 
useless  to  h,.r,  and  the  full  value  as  far  as  we  are  concerned,  and  I 
reioiee  it  is  .so.  I  wish  to  square  accounts  bberally  and  justly 
with  Mexico,  and  we  have  done  so,  and  hence  my  desire  that 
Mexico  shall  ratify  this  treaty  and  receive  this  money. 

These  are  my  views.  As  to  the  other  remarks  whieh  the  Sena- 
tor was  pleased  to  make  with  repaid  to  my  speech  ol  yesterday, 
I  pass  them  by  without  a  comment,  except  as  they  relate  to  the 
ri.'ht  of  the  President  to  establish  a  system  ol  taxes  in  Mexico.  I 
listened  to  the  Senator,  as  I  always  do.  with  attention  and  I  must 
say  if  1  could  have  entertained  a  doubt  as  to  the  truth  ol  the  posi- 
tion' whieh  I  assumed  yesterday,  all  doubt  would  be  dispelled .  We 
know  that  the  gentleman  is  deeply  versed  in  the  principles  ol  ^i-w— <'' 
-reat  intelli"ence— capable  of  investigating  ipiestions  ol  this  cha- 
racter. I  expected  when  he  rose,  that  he  would  meet  the  points 
which  were  presented— that  he  -iould  attempt  to  show  their  fal- 
lacy and  exhibit  the  true  principles  which  ought  to  govern  us  in 
this  ease,  if  mine  were  false.  I  was  disappointed.  As  far  as  I  un- 
derstood the  Senator— and  if  I  be  in  enor  I  hope  he  will  correct 
„ie— ho  assumes  one  bro.ad  position,  which,  in  my  judgment— I  say 
it  wiih  o-reat  deference- is  without  a  particle  of  truth  to  sustain 
it.  He  assumes  that  the  President,  in  consequence  of  the  decla- 
ration of  war,  has  an  unlimited  power  in  Mexico.     Am  I  right  ? 

Mr.  CASS.— Unlimited,  except  by  the  restrictions  imposed  by 
the  law  of  nations. 

Mr  C  \LHOUN.— Well,  then,  the  law  of  nations  does  not  pro- 
hibit an  order  of  nobility.  Can  he  create  nobles  in  Mexico  ?  Give 
me  the  answer  ? 

Mr.  CASS.— Is  that  one  of  the  incidents  of  the  war-making 
power? 

Mr.  CALHOUN.- 
nobility? 

Mr.  CASS.— I  would  not  give  much  for  the  patents  of  nobility. 

Mr.  CALHOUN.— Can  he,  then,  establish  an  order  of  nobles? 

Mr.  CASS.— Without  going  mto  any  detail,  I  may  state  that 
the  commander-in-chief  and  his  generals  may  do  any  act  in  the 
proseeutiim  of  the  war  in  Mexico,  which  is  properly  incident  to  a 
state  of  war.  All  I  can  do  is  to  lay  down  general  inmciples. 
It  cannot  be  expected  that  I  should  go  into  details  of  all  that  may 
or  may  not  be  done. 

Mr.  CALHOUN.— I  did  not  intend  this  as  an  irrelevant  or  im- 
pertinent question,  and  I  must  regard  the  Senator's  refusal  to  deny 
as  an  admission  on  his  part  that  the  President  has  the  power.  In- 
deed, it  followed  necessarily  from  the  principle  laid  down  by  him. 
It  would  indeed  be  an  important  power  in  the  hands  of  the  Presi- 
dent to  bring  and  subject  a  conquered  country  under  his  arbitrary 
rule.  The  Senator  acknowledges  that  the  power  is  a  very  danger- 
ous one.     It  is  indeed  a  dangerous  power  if  it  bo  as  unlunited  as 

■  contends  for.     Can  he  create  a  field-marshal  in  Mexico  ?     The 


-1  repeal 


Can  lie  establish  an  order  of 


he ..- -. 

Senator  will  not  doubt  that,  if  the  President  coidd  raise  an  army 
,hcre—can  he  create  a  field-marshal?  I  hold  it  to  be  the  most 
monstrous  proposition  ever  uttered  in  the  Senate,  that  conquer- 
in"  such  a  country  as  Mexico,  the  President  can  himself  be 
a  5ospotic  ruler  without  the  slightest  limitation^  on  his  power.  If 
all  this  be  true,  war  is  indeed  dangerous  !  If  that  bo  the  lact,  wo 
ouo-ht  never  to  engage  in  a  war  of  conquest.  If  that  be  the  lact, 
there  are  double  reasons  for  the  ratification  of  the  treaty,  or  fleeing 

the  country.  .  .         ,       ,         ,         r 

There    is   a   tendency   in    all    parties,  when  they  ha'-o  been  lor 
a  long  time  in  possession  of  power,  to  bo  disposed  to  augment 
it.     U  has  been  the   fortune   of  the   popular  parly  in  this  coun- 
try to  hold  possession  of  the  government  for  a  great  length  ol  time, 
and  it  is  no  more  than  human  nature,  that  the  cliect  of  that  long- 
continued  tenure  should  be  the  creation  of  the  fondness  of  power, 
that  necessarily  diminishes  the  love  of  liberty.     This  love  of  pow. 
er  leads  men  to  strike  at  those  provisions  of  the  constitution  which 
restrict   power.     I  believe  that    the  popular   party  in  this  country 
have  resisted  this  tendency  for  a  great  length  of  time  to  a   con- 
siderable extent;  but  it  is  impossible  for  any  man  who  reads  the 
early   history  of  that  party,  not  to  be  impressed  with  the  con- 
viction   that    it    has   departed    from    the   principles    which    then 
characterized    it.      The    declaration    of    the    chairman    of    the 
Committee  on   Military   Atl'airs  this  evening  proves  a  great  de- 
parture beyond  all  eontroyersy.     I  did  not  believe  that  there  was 
a  man  in   this   country — certainly  not  that   there  was  one    in  the 
Senate    who  would  declare  that  the  President  of  the  United  States 
as  commander-in-chief  of  the  army  in  Mexico,  has  no  restrictions 

30th  Cong.— 1st  Session— No  47. 


on  his  power  but  those  imposed  by  the  law  of  nations,  and  I  sup- 
pose the  gentleman  would  .tdd,  the  principles  of  morality. 

Mr.  CASS. — After  the  Senator  has  concluded  I  may  say  what 
I  did  declare. 

Mr.  CALHOUN. — I  will  gladly  hear  the  Senator  now. 

Mr.  CASS. — When  the  honorable  Senator  from  South  Carolina 
has  finished — 

Mr.  CALHOUN.— Then  I  .shall  finish  now. 

Mr.  CASS. — What  I  maintain  is,  that  the  commander-in-chief 
and  the  generals  under  him  have  a  right  to  do  any  act  of  war  jus- 
tified by 'the  law  of  nations,  a;id  it  belongs  to  every  <inieer  of  the 
army,  i'rom  a  general  down  to  a  corporal.  I  went  at  large  into 
the  question  iii  the  remarks  which  I  had  the  honor  to  make  to-day. 
The  course  taken  in  Mexico  has  been  fully  justified  by  the  prac- 
tice of  war  in  all  ages.  Whether  the  contribution  be  in  cash  or  in 
kind,  the  principle  is  the  same.  One  word  as  to  the  line  which 
the  honorable  Senator  has  laid  down.  I  have  presented  the  objec- 
tions to  it  which,  to  my  judgment,  arc  decisive,  and  I  need  not  re- 
peat them.  No  public  opinion  in  the  world  could  permit  such  a 
thing  as  the  establishment  of  a  lino  behind  which  an  operating 
army  must  retire.  If  you  are  at  war  with  an  enemy,  you  cannot 
stop  upon  a  given  line.  In  the  case  of  Texas  the  enemy  was  pur- 
sued, and  whenever  you  follow  the  enemy  beyond  the  line,  the  pro- 
ject is  abandoned. 

Mr.  CALHOUN. — But  the  Senator  puts  the  question  :  How 
can  I  justify  the  army  in  performing  any  act  not  authorized  ex- 
pressly by  law  ?  I  take  the  ground  that  the  army  may  do  niidor 
the  President,  the  commandcr-m-chicf,  any  thing  that  priqicrly  be- 
longs to  him  in  that  character.  Now  the  extent  is  not  defined  ; 
it  is  governed  by  the  exigencies  of  war.  I  believe  I  use  the  very 
terms  employed  in  the  elementary  works  upon  this  subject. 
But  these  acts  must  relate  to  war  and  not  to  conquered  coun- 
try. Now,  if  you  mean  that  an  army  in  operation  can  seize 
provisions  of  every  description,  means  of  transportation,  and  so  on, 
I  never  denied  it  ;  but  if  you  mean  to  say  that  after  the  country  is 
conquered,  the  commander-in-chief  may  levy  either  taxes  or  con- 
tributions, I  deny  the  doctrine  altogether. 

Mr.  DAVIS,  of  Mississippi. — The  Senator  from  Louisiana.  [Mr. 
Johnson,]  has  expressed  his  conviction  of  the  certainty  of  an  im- 
mediate peace,  and  on  that  he  based  his  argument  in  presenting 
his  motion  to  recommit  the  bill  with  instructions.  I  have  just  re- 
ceived a  letter  from  Mexico  wli'ch  certainly  does  not  encourage 
me  in  the  prospect  of  peace.  This  letter  states  that  the  road 
from  Vera  Cruz  to  Mexico  is  infested  by  guerilleros,  and  that  a 
party  for  Orizaba  had  been  attacked  by  them  and  been  compelled 
to  return  to  Vera  Cruz.  Though  reported  that  the  Mexicans  had 
been  dispersed,  yet  the  American  Jiarty  left  their  dead  on  the  field, 
and  all  their  property  fell  into  the  liands  of  the  guerilleros.  Those 
reports  which  we  have  had  of  Santa  Anna  asking  his  pass-ports 
and  leaving  the  country,  are  all  p''etext.  Instead  of  leaving  the 
country  it  is  said  that  he  is  now  recruiting  his  forces  and  looks  to 
future  operations.  Perhaps  ho  is  raising  nothing  more  than  an 
escort,  but  peace  is  not  his  object.  I  beg  to  say  to  the  honorable 
Senator  from  South  Carolina  that  that  party  in  Mexico,  to  which 
he  alludes  as  being  neither  unfriendly  nor  inimical  to  us,  is  the 
party  on  which  Santa  Anna  is  falling  back  for  support  in  his  hos- 
tile movements — the  party  of  Puros,  whieh  invited  him  to  return 
to  Mexico,  as  the  enemy  of  monarchical  government,  in  order  to 
overthrow  Paredes. 

I  cannot,  for  myself,  approve  of  any  such  policy  as  that  spoken 
of  by  the  Senator  from  South  Carolina,  nor  can  1  at  all  conceive 
why  he  should  regard  the  raising  of  this  additional  force  in  the 
light  of  mere  braggadocio.  We  propose  to  raise  it  for  the  moral 
elfeet  whieh  it  may  produce  on  Mexico.  Wc  may  with  great  prti- 
priety  pass  this  bill  in  order  to  give  Mexico  to  understand  that  if 
she  do  not  give  us  peace  willingly,  we  will  coerce  a  peace.  But 
that  gallant  army  which  has  performed  so  many  glorious  deeds  is 
rapidly  wasting  away.  The  yellow  fever  has  appeared  in  Vera 
Cruz,  and  our  troops  are  dying  in  the  interior  of  other  diseases. 
The  volunteers  are  beeoiuing  daily  more  and  more  dissatisfied  with 
the  service  ;  and,  in  my  opinion,  the  spirit  ol  the  contract  under 
which  they  entered  the  service  justifies  their  discharge  as  soon  as 
active  hostilities  ceased.  They  entered  for  the  war,  but  they  be- 
lieved that  on  the  cessation  of  active  hostilities  they  woidd  be  dis- 
charged. Already  the  question  is  mooted  whether,  if  there  can 
be  war  without  a  declaration  of  war,  there  may  not  be  peace 
without  .1  treaty. 

But  the  honorable  Senator  from  South  Carolina  not  only  directs 
his  attention  to  the  present  measure,  whieh  he  reprobates  as  mere 
braggadocio,  but  goes  back  to  an  old  subject — the  removal  of 
the  army  to  the  banks  of  the  Rio  Graude.     He  says  : 

"The  whole  aflalr  i^  in  otir  own  h.in'i^.  WlnMlirr  lhetrc;ity  fails  or  in.t,  we  si  ill  have 
the  coni'>lete  control  if  we  act  with  wisdom  .ind  firmness,  and  avoid  what  I  detest 
ahove  all  itiincs.  a  system  of  menace  or  bravado,  in  the  management  of  our  negotia- 
tion. I  had  hoped  that  that  system  had  been  abandoned  forever.  It  nearly  involved 
ns  in  a  war  with  England  about  Oregon.  It  w-is  only  prevented  by  the  wisd,»in  and 
lirnines*  of  this  body.  It  was  resorted  to  in  our  negotiations  with  Mexico,  and  the 
march  of  the  army  iinder  General  Taylor  to  the  Rio  (Jrantie,  was  but  intendeil  to 
sustain  it.  Unfortunately,  the  cirenmstanecs  preventeil  tlie  .Senate  from  interposing. 
;is  in  tlie  case  of  Oregon,  and  this  war  w.xs  llie  eonse(|uence." 

Now-,  the  President  has  clearly  the  right  to  move  the  army  of  the 
LTnited  States  into  any  portion  of  its  territory. 

Mr.  CALHOUN— (in   his   scat.)— Certaiidy  not   into  disputed 

territory. 


370 


THE  TEN  REGIMENT  BILL. 


[Friday, 


Mr.  DAVIS. — The  Senator  says  that  tlie  President  has  not  the 
right  to  move  the  army  into  any  disimted  territory.  When  we 
annexed  Texas,  we  left  this  hnnndary  iiiiestion  open  for  negotia- 
tion. The  administration  songht  assiduously  to  settle  the  ((lies- 
tion  by  negotiation.  What,  then,  is  the  argument  of  the  Senator? 
When  the  opposite  party  refuse  to  settle  tlie  question  by  negotia- 
tion, are  we  to  be  estopped?  Are  we  to  allow  the  enemy  to  wrest 
from  us  the  dominion  whieh  we  elaim  as  ours  of  right?  II  .so,  what 
is  this  but  a  broad  mvitation  to  every  land  to  dispute  the  boundary 
willi  us?  But  I  would  ask  the  honorable  Senator  bow  eomes  it 
that  even  before  tlie  annex,ttion  of  Texas,  the  navy  of  the  United 
States  was  ordered  to  the  (iulf  of  Mexir-o  for  the  proteetion  of 
Texas? 

Mr.  CALHOUN.— The  answer  is  obvious.  The  GulfofMexi- 
co  is  the  eommon  property  of  all  nations.  It  is  not  disputed.  But 
though  we  had  a  right  today  tilV  Vera  Cruz,  we  had  not  the  right 
to  enter  the  harbor  of  Vera  Cruz. 

Mr.  DAVIS. — Was  it  not  the  gentleman's  own  order  to  make  a 
naval  demonstration  against  Vera  Cruz. 

Mr.  CALHOUN. — I  have  no  knowledge  of  sneh  an  order. — 
Will  the  Senator  permit  me  to  notice  another  point?  He  indieated 
that  the  President  had  a  right  to  march  the  army  into  any  dispu- 
ted territory.    Am  I  right? 

Mr.  DAVIS. — I  do  not  consider  it  disputed  territory. 

Mr.  CALHOUN. — However  the  Senator  may  consider  it,  the 
resolutions  annexing  Texas  to  this  Union,  expressly  admit  the 
conniry  to  the  east  of  the  del  Norte,  to  a  certain  extent,  to  be  dis- 
puted territory;  by  providing  that  the  boundary  between  Texas 
and  Mexico,  shall  be  settled  by  the  government  of  the  United 
States.  Now,  as  Texas  never  claimed  any  country  l)eyond  the  Kio 
del  Norte,  it  results  neees.sarily,  that  the  point  to  be  settled,  was 
whether  the  boundary  of  Texas  extendi.-d  to  that  river  or  not,  ad- 
iiiiiliriir  of  course,  that  the  country  lying  east  to  some  extent,  was 
disputed  territory.  And,  I  ask,  how  is  a  question  of  disputed  territo- 
ry to  lie  decided  ?  There  can  be  but  two  modes.  By  negotiation 
or  war.  As  far  as  the  former  extends,  the  President,  with  the 
Senate,  represent  exclusively  the  United  States;  but  when  nego- 
tiation fails  to  settle  disputed  boundary,  nothing  is  more  clear, 
that  it  it  becomes  necesssary  to  resort  to  war,  to  establish  the 
boundary,  in  that  case,  the  power  passes  out  of  the  hands  of  the 
President,  into  that  of  Cimgress,  whieb.  under  the  constitution, 
exclusively  possesses  the  war  making  power,  and  that  it  belongs 
in  that  case,  exclusively  to  Congress,  to  determine  what  the 
boundary  is,  and  to  authorize  the  President  to  establish  it  by  force. 
The  great  mistake  of  the  Senator,  and  iliose  who  think  with  him, 
is,  to  look  at  ilie  qucstiin  between  Mexico  and  the  United  States, 
and  to  overlook  the  quesiion  between  llie  departments  of  our  own 
government.  As  between  the  United  Slates  and  Mexico,  there 
can  be  no  doubt,  that  when  negotiation  faded,  the  United  States 
had  the  right  to  establish  the  boundary  for  ihemselves,  but  the  ques- 
tion is  through  what  depart  mem  ?  Through  the  President  or 
through  Congress?  The  very  statement  of  ibis  quesiion  is  suffi- 
cient to  decide  it.  The  error  of  the  Senator  consists  in  supposing 
that  when  the  President  failed  to  negotiate  with  Mexico,  in  refer- 
ence to  ihe  boundary,  his  failure  gave  him  the  right  to  determine 
of  his  own  authority,  without  consulting  Congress,  what  was  the 
boundary,  when,  in  fact, the  failure  of  the  negotiation  exhausted  his 
power,  and  left  him  no  means  of  acting,  but  by  submitting  the 
question  to  Congress  for  its  decision.  It  is  really  wonderful  to 
those  who  have  been  in  this  body  for  an  considerable  length  of  time, 
that  there  should  be  any  qui'Stion  on  these  points. 

It  maybe  proper  lo  add,  that  the  power  of  the  President  and 
the  Senate,  is  so  rigidly  restricted  to  negotiating  and  making  trea- 
ties, that  althoughlhey  may  make,  they  have  no  aulhority  to  set 
aside  a  treaty  when  it' is  vitdated  by  the  opposite  parly.  That 
power  belongs  not  even  to  the  judiciary,  but  to  Congress;  of  which 
there  is  a  remarkable  inslance  in  reference  to  the  treaty  made  be- 
tween France  and  the  United  States,  during  the  war  of  the  Revo- 
lulion.  That  treaty  was  so  outrageously  violated  by  France  dur- 
in"  her  revolutionary  struggle,  that  it  became  necessary  on  our 
part,  to  disown  any  further  obligaiicm  under  it,  and  that  was 
made  by  a  joint  resolutou  of  Congress,  declaring  it  to  be  null 
and  void.  This  precedent  has  never  been  ([uestioned.  It  shows 
that  the  power  was  restricted  within  the  limits  I  have  assigned. 

Assuming  these  views  to  be  correct,  I  luit  the  question  to  the 
Senator,  huw  could  the  President  on  his  own  authority  order  Gen. 
Taylor  to  occupy  a  territory  which  the  resolutions  of  Congress, 
and  the  act  of  i'exas  acccdinij  to  them,  admitted  to  be  disputed 
territory  between  her  and  Mexico,  and  that,lf«i,  without  even  con- 
sultin<T  or  even  advising  Congress  of  the  onler,  allhoiigh  Congress 
was  at  the  time  in  session  ?  I  hold  that  the  President  had  no 
more  right  to  order  the  army  to  march  into  the  disputed  territory 
than  he''had  to  order  it  to  march  into  Mexico.  I  might  ajipcal  to 
the  whole  history  of  our  country  in  reference  to  this  point,  for  the 
truth  of  this  position.  There  iirc  many  eases  that  bear  iipOn  it. 
Among  others  I  might  cite  those  whieh  occurred  under  the  admi- 
nistratTon  of  Gen.  Washington  It  is  known  to  all  the  least  conver- 
sant with  our  history,  that  Great  Britain,  after  the  treaty  of  peace, 
held  on,  not  only  to  Detroit,  which  was  near  the  frontier,  and  then 
in  the  woods,  but  to  Fort  Stanwix,  now  Rome,  in  the  very  heart  of 
the  state  of  New  York,  from  VS3  to  'iU,  without  any  attempt  on  the 
part  of  Gen.  Washington  to  disturb  her  possession.  Ho  never 
dreamt  of  attacking  either,  without  authority  of  Congress,  and  if 


he  had,  there  Was  no  one  at  that  day  that  would  not  have  consi- 
dered It  as  a  flagrant  violation  of  the  constitution.  To  this  I  may 
add,  we  had  a  quesiion  of  disputed  boundary  in  Maine,  arising  out 
of  the  treaty  of  1793,  which  remained  open  under  all  administrations 
down  to  a  very  late  period  of  that  of  Mr.  Tyler's.  Yet  there  was  not 
any  attempt  whatever  on  the  part  of  the  United  States  to  assert  by 
force  their  right  to  the  disputed  territory.  Sir,  I  never  heard  a 
man  dare  denial  of  the  principle,  anterior  to  this  war  with  Mexico, 
that  the  Executive,  on  lii^own  authority,  had  no  right  to  raareh 
the  army  into  disputed  territor}'. 

Mr.  WESTCOTT.— I  beg  to  remind  the  Senator  that  Mr.  Jef- 
ferson and  Mr.  Madison  seized  upon  the  country  west  of  the  Mis- 
sissippi. 

Mr.  CALHOUN.— Oh!  that  was  a  trifling  case.  You  could 
cover  the  whole  country  with  a  blanket ! 

Mr.  DAVIS. — I  repeat,  that  I  cannot  perceive  on  what  grounds 
the  Senator  will  justify  the  orders  sending  the  navy  to  the  Gulf  of 
Mexico,  whilst  we  were  negotiating  the  annexation  of  Texas,  and 
yet  deny  that  after  annexation  was  completed — 

Mr.  CALHOUN. — They  were  issued  when  Congress  was  in 
session.  If  any  attack  had  been  necessary,  application  would  have 
been  made  to  iCongress  for  authority. 

Mr.  DAVIS. — The  whole  case  is  matter  of  record,  and  wo 
know  as  well  as  the  actors  in  it,  that  our  navy  did  stand  off,  and  on 
the  coast  look  into  the  Mexican  harbors,  to  keep  our  government 
advised  of  any  hostile  movements,  and  bo  prepared  to  act  if  neces- 
sary, for  the  proteetion  of  Texas  For  like  |)nrpose,  a  large  por- 
tion of  our  army  was  concentrated  upon  the  border,  and  put  in 
correspondence  with  the  President  of  Texas.  The  Senator  from 
South  Carolina,  then  Secretary  of  State,  communicated  to  the 
Texan  government  this  disposition  of  our  land  and  naval  forces, 
and  announced  it  to  be  the  purpose  of  the  President,  as  a  duty 
under  the  then  existing  circumstances,  to  use  all  his  constitutional 
power  to  protect  Texas  from  foreign  invasion.  If  the  whole  power 
to  grant  the  proteeiion  thus  olfercd,  consisted  in  asking  for  author- 
ity by  an  act  of  Congress,  it  was  a  promise  likely  to  be  tilled  with 
hope  deferred.  In  view  of  the  delays  which  would  probably  have 
attended  the  passage  of  such  an  act,  what  justiticaiion  can  there 
be  for  so  early  a  movement  of  the  army  and  navy  to  the  immedi- 
ate proximity  of  anticipated  operations?  Does  the  Senator  deny 
the  power  of  the  President  lo  order  the  army  into  any  part  of  the 
United  States? 


^ht  to  order  it  into  disputed  ter* 


Mr.  CALHOUN.— He  has 
ritory. 

Mr.  DAVIS. — What !  shall  a   foreign  power  dispute  our  terri- 
torial limits — refuse  to  settle  the    boundary  by   negotiation — seize, 
by  force,  territory  rightfully   ours,   and  our  Executive  stand  pow- 
erless by  and  see   the  enemy  gain  the  advantage  of  occupying  all 
the  commanding  positions  ot  the  country!     This  would  be  an  allur- 
ing invitation  to  every  coterminous  power,   to  select  their  oppor- 
tunity and  dispute  our   boundary.     At   any   time,   during  the  re- 
cess of    Congress,  according   to  the    Senator's   general   position, 
the  territory  thus  disputed   could    be  seized    with  entire  safety. — 
Upon  the  quesiion  of   the   northeastern    boundary,    to    which    the 
Senator  alluded,  my  recollections  are  iliH'erent  from  his.     I  think, 
by    both  the  Committee  on  Military  AITairs  and  by  the  Committee 
on  Foreign  Relations,  reports  were  made  at  Ihe  time,  recognizing 
the  power  of  the  Executive  to  use  the  military  force  of  the  coun- 
try— to  call  out  the    militia — to  protect    the    territory   claimed  by 
Maine  from  hostile    invasion,  or    an   attempt   by    military  force  to 
exercise  exclusive  jurisdiction  within  the  disputed  territory.     But 
I  was  about  to  say,  when  I  yielded  to  the  honorable  Senator,  that 
after  Texas  became  a  part  of  the  American  Pnion,  and  we  failed 
by  negotiation  to  adjust  the  boundary  with   Mexico,  the  question 
became  closed  against  us,  and    the    United    States  had    no  other 
mode  by  which  to    determine  the  territory  of  Texas,    than  by  re- 
ference to  her  limits,  as   tlefincd  before   annexation  to  the  United 
States;  all  which  had  been  asserted  and  maintained,  and  which  we 
were  bound  to  insist  on  and  defend  Irom  forcible  seizure.  By  annedia- 
tion,  Texas  lost  the  power  to   negotialo  or  to  carry  on  the  war, 
and  CO. extensive  wilh  this  surrender,  were  the  obligations  imposed 
upon  the  United  Sta'es.      The  Presiilcnt  did  what,  every  man  of  pa- 
triotic iiii[m!scs  will  say.  he  should  have  done,  atlord  to  Texas  that 
protection  which  a  State  has  the    right   to  demand;  and  in  order- 
ing the  army  to    the    Rio    Grande,    he    tlid    no  more    than    might 
have  been  iloiie  in  the  ease  of  the  northeastern  boundary,  when  that 
was   an   open    question.     But    the   Senator    has   laid    down    the 
position   that     this     was     done   to    intiniiilale    Mexico.     Not    so. 
Our    army    was    encamped   at    Corpus    Christi,    which    had  been 
made  a    j>ort    of  entry.      Was    that,    then,   in    the    disputed  ter- 
ritory ?     Where     was    the    disputed    territory  ?     Mexico    claim- 
ed up   to   the  Sabine.     She  has   continued   to    assert    that  elaim 
and  any  intermediate  line  between  the  Sabine  and  the  Rio  Grande 
is  of  our  suggestion,    not  of  Mexican  origin.     When,  at  a  recent 
period,    Santa   Anna   returned  to  Mexico,  he  promised  to  restore 
the  severed  territory  of  Texas,    to  gather  laurels   on  the  banks  of 
the  Sabine,  and  lay  them  at  the  feet  of  the  supreme  government. 
A  right   to   the  whole  of  Texas,  a  determination  to  restore  it  to 
Mexico  has,  by  ner  soldiers  and  her  statesmen,  been  uniformly  as- 
serted— adhered  lo  with  the  pertinacity  characteristic  of  the  Span- 
ish race.     The  whole  of  Texas,  then,  was  included  in  this  disputed 
territory,  and  if  the  President  had  no  right  to  march  the  army  to 
the  Rio  Grande,  ho  had  no  right  to  order  it  across  the  Sabine.— 


March  17. J 


THE  TEN  REGIMENT  BILL. 


371 


Mexico  claimed  the  whole  of  Texas.  In  the  controversy  on  the 
part  of  Mexico  the  question  was  not  whether  the  Nueces  or  the 
Rio  Grande  was  the  boundar}',  but  whetlier  Texas  was  a  part  of 
the  United  States  or  not.  Upon  the  part  of  the  United  States  that 
question  was  closed,  forever  cUjsed;  bel'.ire  her  army  was  ordered 
into  the  territory  of  Texas,  notliing  was  open  but  tlie  ad|ustment 
of  boundary.  This  was  sought  by  negotiation  with  Mexico,  and 
our  advances  were  insultingly  repelled.  That  the  boundary  of  re- 
volutionary Texas  was  the  Rio  Grande — at  least  the  lower  part  of 
that  river — lias  been  too  often  and  too  conclusively  demonstrated 
to  require  more  than  a  passing  notice.  Without  advertins  to  the 
mass  of  evidence  which  has  been  presented  here  on  other  occa- 
sions, I  will  refer  only  to  that  on  which  I  mainly  rely.  After  the 
battle  of  San  Jacinto,  and  when  Santa  Anna  was  a  prisoner  in  the 
hands  of  the  Te.xans,  General  Filisola,  commanding  the  Mexican 
array,  wrote  to  bis  government,  communicating  the  fact  of  Presi- 
dent Santa  Anna's  capture,  and  giving  the  satldest  account  of  the 
condition  of  the  troops  under  his  command.  The  President  ad  in- 
terim replied,  and  gave  the  General  authority  to  do  whatever 
should  be  necessary  to  procure  the  release  of  the  captive  President 
and  to  save  his  troops  and  munitions  of  war.  These  results  were 
obtained  by  treaty.  General  Filisola  was  one  ol  the  parties  to  that 
treaty,  and  the  consideration  given  to  Texas  for  the  vast  benefits 
thus  secured,  was  the  recosnitiou  of  the  Rio  Grande  as  a  bounda- 
ry, and  the  iinmediale  withdrawal  of  all  Mexican  troops  iieyouil 
it.  It  is  true  this  treaty  was  never.forinally  ratified  by  Mexico, 
but  having  obtained  the  full  benefit  ol  all  its  stipulations,  I  submit 
whether  tlie  moral  obligation  was  not  complete  henceforth  and  for- 
ever to  recognize  the  Rio  Grande  as  the  true  b..undary.  That  is 
the  only  argument  on  which  I  have  ever  found  it  necessary  to  rest 
this  point. 

Not  being  a  lawyer,  I  will  not  attempt  to  discuss  a  legal  ques- 
tion witli  the  eminent  jurist  on  the  other  side  of  the  chamber,  [Mr. 
Webster,]  but  cannot  forbear  from  expressing  my  surprise  at 
the  view  which  he,  in  connexion  with  the  distinguished  Senator  on 
this  side  of  the  chamber,  [Mr.  Calhoun,]  takes  of  the  legitimate 
rights  of  our  army  when  invading  a  foreign  country.  They  would 
restrain  our  army  from  the  moment  it  enters  a  hostile  country,  so 
as  to  prevent  it  from  availing  itself  of  any  of  the  public  funds — they 
would  restrict  it  to  such  contributions  as  they  might  wring  from 
the  citizens.  Now,  one  of  the  evidences  of  the  advancement  of 
civilization  in  the  conduct  of  war  has  been  seen  in  that  very  pro- 
cedure on  the  pari  of  an  army  which  these  distinL'uished  Senators 
condemn.  Instead  of  wringing  from  poverty — from  the  agiicul- 
tural  citizen  the  means  of  maintenance,  our  army  have  seized  only 
upon  the  public  resources  of  the  country,  and  have  thus  illustrated 
the  intelligence,  chivalry,  and  humanity  of  the  American  people. 

The  Senators  contend  tliat  legislation  is  necessary  to  apprro- 
priato  the  public  revenues  of  Mexicro  to  the  maintenani-e  of  our 
array,  whilst  they  admit  the  right  to  seize  private  property  for  its 
use.  Sir,  I  had  thought  our  war  was  waged  against  the  general 
government  of  Mexico,  and  that  our  policy  was  as  far  as  possible 
to  reduce  the  peaceful  population  from  the  ordinary  sufferings  of 
war.  Sir,  I  am  at  a  loss  to  conceive  how  we  eouUl  properly  Ic't^is- 
late  upon  a  country  which  had  not  been  conquered — tiir  a  people  in 
open  war  against  us — or  how  the  laws,  if  enacted,  could  be  pro- 
perly executed  under  such  circumstances  ?  The  foreign  govern- 
ment must  have  been  displaced  by  our  arms;  before  there  is  space 
for  our  legislation  and  judicial  departments  to  How  in,  and  the 
roar  of  those  arms  must  have  been  hushed,  before  the  voice  of 
the  lawgiver  can  be  heard.  The  constitution  of  the  United  States 
makes  provision  for  the  organization  and  maintenance  of  our  army 
and  navy,  and  for  calling  out  the  militia  by  legislative  enactments. 
It  makes  the  President  the  comraander-in-chier  of  the  army  and 
navy,  and  the  militia,  when  called  into  service.  Congress  de- 
clared that  war  existed.  It  passed  laws  for  raising  men  and 
money.  The  President,  as  commander-in-chiel',  assumed  the 
command  of  the  army  ;  and,  as  has  been  stated  by  the  Sena- 
tor from  Michigan,  from  that  moment  all  the  rights  which  ap- 
pertain to  a  slate  of  war,  attached  to  the  army.  The  exer- 
cise of  legislative  rights  only  follows  when  Congress  takes  pos- 
session of  a  conquered  country.  Up  to  that  point  nothing  but 
tl^e  power  of  the  Executive  department  fiows  in'.  The  power  be- 
longs not  to  the  President  merely,  but  to  the  E.\ecutive  depart- 
ment, and  without  orders  from  the  President,  every  oflicer  in  the 
army  could  exercise  it.  The  right  is  conferred  by  war,  and  the 
only  ditlerencc  between  the  action  of  our  army  and  that  of  any  oth- 
er, has  consisted  in  this,  that  ours  has  demanded  less  and 
taken  nothing  by  force.  It  has  not  committed  pillage.  Tne 
government  opposed  to  us  has  been  deprived  of  power,  and 
the  resources  by  which  it  was  sustained  naturally  flowed  to  the 
army  which  took  the  country  and  people  in  ehariie.  In  laying  du- 
ties^n  collecting  taxes,  they  have  collec'ed  but  a  portion  of  the 
revenue  which  would  have  flowed  to  the  Mexican  government  if  it 
had  not  been  displaced  by  our  arms.  Both  could  not  exist  to- 
gether. Such  is  the  plain  common  sense  view  of  the  matter.  The 
legal  view  I  must  leave  to  others.  The  honorable  Senator  from 
South  Carolina  fears  that  if  the  President  exercise  this  power,  im- 
mense abuses  may  follow— that  armies  may  be  raised  and  treaties 
may  be  made  with  other  countries;  and  that,  he  savs.  would  be  in 
violation  of  the  constitution  of  the  United  States. '  The  constitu- 
tion of  the  United  States  is  a  temple  gradually  extending  itself,  and 
covering  acre  after  acre,  state  after  state,  spanning  rivers  and 
mountains,  but  not  yet  gone  to  foreign  lands.  It  is  stdl  limited  to 
the  United  States.  It  cannot  be  violated  in  Mexico.  It  does  not 
extend  to  Mexico,  and  God  forbid  it  ever  should !    It  is  the  consti- 


tution of  our  own  Union  and  our  own  people,  and  none  but 
territory  annexed  to  our  Union  can  claim  to  be  under  that  con- 
stitution. If  the  President  has  violated  the  constitution,  in  the 
progress  of  this  war,  you  must  prove  that  be  has  failed  to  comply 
with  the  law  which  declared  the  war  and  authorized  him  to  prose- 
cute it,  giving  him  men  and  money  I'or  that  purpose.  Until  that 
be  shown,  the  President  cannot  have  violated  any  provision  of  the 
constitution  in  Mexico. 

But  the  mam  purpose  for  which  I  rose,  sir,  was  to  spe.ak  of  the 
eflect  of  the  passage  of  this  bill  in  Mexico.  We  had  information 
from  a  special  agent  sent  to  Mexico  in  1844  that  he  had  com- 
menced preliminaries  and  had  ilie  prospect  of  a  settlement  by  ne- 
gotiation, of  all  the  difficulties  then  pending.  On  the  fourili  day 
after  the  negotiation  had  been  opened  two  celebrated  letters  pub- 
lished in  that  year  reached  Mexico.  One  dated  at  Raleigh 
and  the  other  at  Lindenwold.  On  the  arrival  of  these  letters, 
forwarded,  it  is  said,  by  the  Mexican  minister  at  Washington 
city,  the  negotiation  was  immediately  suspended.  Again, 
Mexico  probably  intended  to  enter  into  a  negotiation  for  the 
settlement  of  the  questions  then  in  dispute  when  Mr.  Black 
received  intimation,  in  the  terms  so  often  referred  to  here,  of  a 
willingness  on  the  part  of  Mexico  to  receive  a  commissioner; 
though  I  think  that  there  has  been  altogether  a  misunderstanding 
of  the  language  in  which  the  note  was  written.  Commissionado  was 
the  term  employed,  meaning  one  eommissioncd,  empowered  to  set- 
tle the  questions  in  dispute.  Now,  they  may  have  meant  no  other 
questions  than  those  growing  out  of  the  annexation  of  Texas;  but 
as  the  .Senator  from  Michigan  remarked,  they  sought  refuge  in  the 
subterfuge  of  the  distinction  between  the  terms  "minister"  and 
■'commissioner,"  and  thus  evaded  the  obligation  of  the  contract 
into  which  they  had  voluntarily  entered.  And  why?  Because  at 
that  time  a  controversy  had  arisen  with  regard  to  the  boundary  in 
Oregon.  The  Mexicans  then  cherished  the  hope  that  there  would 
be  war  between  this  country  and  England,  and  that  with  the  latter 
as  an  ally  they  would  tie  able  to  regain  Texas.  The  old  hope  was 
thus  revived.  They  refused  to  enter  into  negotiations.  And  now 
if  they  have  their  hopes  revived  again  with  the  prospect  of  a  refusal 
here  to  supply  men  and  money  to  prosecute  the  war,  they  will 
agam  reject  negotiations  in  the  expectation  that  a  new  admin- 
istration may  come  into  power  iu  the  United  States  more  favorable 
to  them.  li'  we  change  the  policy  which  wc  have  herctolbre  ]iur- 
sued  there  can  be  no  doubt  that  they  will  refuse  to  ratify  the  treaty. 

In  our  intercourse  witli  Mexico,  if  we  have  erred,  it  has  been  in 
undue  consideration  aiul  misplaced  leniency.  For  a  long  term  of 
years  we  have  borne  national  insult,  and  left  unredressed  the  per- 
sonal outrages,  and  pecuniary  injuries  done  to  our  citizens  by  IVlex- 
ico.  We  have  passed  unnoticed  the  offences  repeatedly  ollered  in 
their  oflieial  correspondence,  it  was  the  strong  rendered  patient, 
with  the  captiousness  of  the  weak,  by  the  consciousness  of  his 
ability  to  punish.  This  course  so  long  observed  by  our  govern- 
ment, has  surely  not  been  departed  from  by  the  present  adminis- 
tration. 

I  cannot  conceive,  sir,  bow  the  President  could  have  exhibited 
greater  forbearance  towards  Mexico.  He  sent  out  a  minister  to 
treat  with  her  on  the  first  intimation  of  any  desire  on  her  part  to 
enter  into  a  negotiation  for  the  purpose  of  restoring  amicable 
relations.  Acting  in  the  forbearing  and  friendly  spirit  of  the 
power,  who  had  taken  that  infant  republic  by  the  hand  when  it 
first  essayed  to  walk,  we  studiously  avoided  collision.  Collision, 
however,  from  the  causes  to  which  I  liave  alluded,  became  at  last 
inevitable.  Yet  it  is  gravely  asserted  that  the  President  had  de- 
termined to  extend  the  territory  of  the  United  Stales  to  the  Rio 
Grande — "peaceably  if  he  could — forcibly  if  he  must."  .ilost  cer- 
tainly not  to  extend  the  territory  of  the  United  States,  but  to  set- 
tle the  question  of  boundary  ;  and  had  we  been  the  aggressive 
party,  as  it  has  been  alleged — had  we  been  reckless  of  the  feel- 
ings, rights  and  interests  of  Mexico,  we  'certainly  never  should 
have  incorporated  a  provision  in  the  terms  of  annexation,  securing 
to  us  the  riglit  of  settlin*^  the  limits  of  Texas — that  was  done  to 
guard  against  the  possibility  of  a  collision  with  Mexico  ;  we  did 
not  adopt  the  extreme  claims  of  Texas,  but  reserved  to  ourselves 
the  right  to  settle  the  question  of  boundary.  Nothing  could  have 
been  done  more  indicative  of  the  friendly  spirit  which  we  enter- 
tained towards  Mexico. 

At  this  late  hour  I  certainly  shall  not  attempt  to  enlarge,  but  I 
must  take  occasion  to  say  that  I  do  not  think  that  Mexico  is  about 
to  cede  any  territory  to  the  United  States — I  think  that  we  are 
about  to  retrocede  territory  to  Mexico.  I  hold  that  in  a  just  war 
we  conquered  a  larger  portion  of  Mexico,  and  that  to  it  we  have 
a  title  which  has  been  regarded  as  valid  ever  since  man  existed  in 
a  social  condition — the  title  of  conquest.  It  seems  to  me  that  the 
question  now  is  how  much  we  shall  keep,  how  much  we  shall 
give  up,  and  that  Mexico  cedes  nothing. 

Mr.  AVEBSTER  was  understood  to  inquire  if  that  view  was  in 
accordance  with  the  terras  of  the  paper. 

Mr.  DAVIS. — I  have  seen  papers  in  English  and  Spanish,  and 
I  think  in  none  was  the  term  cede  employed.  As  a  moralist  I  would 
not  undertake  to  defend  the  seizure  of  country  from  the  inhabi- 
tants ;  but  the  question  was  settled  long  before  the  oldest  member 
of  the  Senate  entered  it.  These  very  Mexican  people  settled  it: 
when  they  conquered  the  ancient  Aztecs.  If  they  had  the  right  to 
take  the  territory  from  that  people  who  did  not  cultivate  it,  the 
argument  is  equally  good  against  them  now.  They  produce  little 
to  that  which  the  country  is  capable  of  yielding,  and  year  by  year 
the  amount  is  steadily  decreasing.  The  country  is  going  to  waste — \ 


372 


THE  TEN  REGIMENT  BILL. 


[Friday, 


villanes  are  depopulated — fieids  once  highly  productive  in  all  tliat 
natnre  in  her  bounty  yielded  to  the  industry  of  man,  now  lie  un- 
cultivated, and  marked  only  liy  the  remains  of  the  irrigatory  ditches 
by  which  ti.ey  were  formerly  watered.  The  exuberant  wealth  of 
Mexico  once  flowed  out  to  sustain  t!ie  American  colonies  of  Spain, 
the  L'overnments  of  Louisiana  and  Florida,  received  contributions 
from  her.  Turn  now  and  c-miteinplatc  tlie  cjiani^e  wliieh  tlic  dif- 
ference of  government  has  wrouglit,  and  tell  me  wlicther  all  the 
ars;uments  of  utilitarianism  and  of  humanity,  may  not  be  now 
more  successfully  applied  to  the  Mexican,  than  by  them  against  the 
Aztec  popultiaon? 

The  Senator  says  this  war  is  "odious.''  Odious !  Odious  for  what? 
On  account  of  the  skill  and  gallantry  with  which  it  has  becB  con- 
ducted ?  or  is  it  because  of  the  humanity,  the  morality,  the  mag- 
nanimous elemeney  wliieh  has  uuirked  its  execution  ?  Odious  ! 
Why  in  any  newspaper  whicli  1  lake  up,  I  find  notices  of  large 
assemblages  of  the  people  gathered  together  to  do  honor  to  the 
remains  of  sonic  dead  soldier  brought  back  from  Mexico  ;  or 
arounil  tlie  festive  board  to  greet  the  return  of  .some  gallant  mem- 
ber of  the  army.  The  conductors  of  the  ])ress  without  distii:tion 
of  party,  express  the  highest  a]iprobation  of  the  conduct  of  the 
army.  Where  is  the  odium?  What  portion  of  our  jiopulation  is 
infected  with  it  ?  From  what  cause  docs  it  arrise  ?  It  cannot  be 
on  aecoiinl  of  the  origin  of  the  war,  the  extraordinary  unanimity 
with  which  it  was  declared  by  both  houses  of  Ccmgress,  the  eager- 
ness with  wliieh  our  eiti/eus  pressed  to  the  service,  forbid  that 
conclusion.  A  long  and  unbroken  succession  of  victories,  has  sa- 
tiated the  public  appetite  for  military  triumph — there  may  be  a 
surfeit,  for  more  has  been  oU'ered  than  needed  for  a  feast — an  over 
anxiety  for  immediate  peace  is  the  natural  result,  with  this  I  .sym- 
pathize, beyond  this  I  am  not  prepared  to  believe  the  popular 
feeling  of  the  country  extends. 

We  have  cause  to  be  proud  of  the  record  this  war  will  leave  be- 
hind it — a  monument  niorc  lasting  than  brass.  We,  the  actors  of 
to-day,  must  soon  crumble  to  dust,  the  institutions  wc  now  main- 
tain and  liope  will  be  pcrjietual,  may  pass  away,  the  republic  may 
sink  in  the  ocean  of  time,  and  the  tide  of  hmnan  events  roll  un- 
broken over  its  grave;  but  the  events  of  this  war  will  live  in  the  histo- 
ry of  our  country  and  our  race,  aH'ording  in  all  ages  to  come  proof 
of  the  high  state  of  civilization  amongst  the  people  who  conducted 
it — proof  of  t\vi  intelligence  which  pervaded  the  rank  and  file  who 
fought  its  battles — proof  of  the  resources  of  such  a  government 
as  ours,  wholly  unembarrassed  in  the  midst  of  war,  conquer- 
ing one  nation  and  feeding  another  ! — Where,  .sir,  are  the  eviden- 
ces of  evil  brought  upon  us  by  this  "odious"  war?  Where  can 
you  point  to  any  inroad  upon  our  prosperity,  public,  or  private, 
industrial,  commercial,  or  financial,  which  can  be.  in  any  degree, 
attributed  to  the  prosecution  of  this  war.  All  that  is  yet  to  be 
shown,  and  I  confidently  await  the  issue. 

Mr.  WESTCOTT  then  addressed  the  Senate  in  favor  of  the 
bill,  on  the  ground  that  in  his  judgment,  there  was  not  a  reasona- 
ble expectation  ol  a  treaty  of  peace.  This  speech  is  given  in  the 
Appendix. 

Mr.  BUTLKR. — As  I  perceive  that  the  Senate  is  determined 
to  refuse  to  modify  the  bill^for  they  have  already  decided  by  quite 
a  large  majority,  that  these  troops  shall  be  raised — I  have  nothing 
further  to  say  in  regard  to  that  matter,  beyond  this  one  remark. 
I  wish  the  Senate  distinctly  to  understand,  that  if  this  bill  pass  the 
other  House,  it  will  not  be  pa.ssed  as  a  bill  for  organizing  ten  regi- 
ments with  the  conqilement  of  oliiceis  which  belongs  to  such  a 
force.  The  simple  proposition  that  1  made  was,  to  add  thirty  men 
to  each  company,  or  three  hundred  to  each  regiment  of  the  pre* 
sent  army,  ft  has  not  been  the  pleasure  of  the  Senate  to  adopt  my 
amendment  to  recommit  the  bill,  and  1  ask  the  Senate  to  take  no- 
tice, that  that  will  be'the  form  in  which  the  troops  will  be  raised. 
The  action  of  the  Senate  itself,  will  have  the  eU'ect  of  influencing 
the  House  to  engraft  such  an  amendment. 

Mr.  CI- AYTON. — I  desire  the  attention  of  the  Senate  for  a  short 
time,  although  but  lor  the  remarks  of  the  honorable  Senator 
from  Miehigaa,  I  should  hardly  have  thought  it  necessary  to  trou- 
bli-  the  Senate  any  farther.  But  bel'ore  I  proceed  to  reply  to 
that  .Senator,  1  must  be  allowed. to  say,  that  1  was  forcibly  ' 
struck  by  the  remarks  of  the  honorable  Senator  from  Mississippi, 
(Mr.  Davis,)  with  regard  to  the  conduct  of  Mexico,  since  this 
armistice  was  proclaimed.  It  is  shown  that  there  is  an  armistice 
existing,  which  is  to  last  at  least  two  months  in  order  to  allbrd 
time  lor  negotiations.  In  this  state  of  the  case,  the  Senator 
from  Mississippi  says,  that  he  has  received  a  letter  from  a 
friend  whom  he  fully  accredits,  in  Mexico,  stating  the  fact  which 
we  have  seen  announced  in  the  public  prints,  that  the  country  be- 
tween Mexico  and  Vera  Cruz,  is  filled  with  guerilleros,  and  that 
though  the  armistice  has  been  proclaimed,  the  war  still  rages. 
Sir.  this  fact  is  a  pregnant  one.  It  proves  to  us  what  I  have  sta- 
ted before,  that  tliat  government  has  not  the  (lower  to  enforce 
obedience  to  its  will.  No  one  doubts,  that  they  who  have  nego- 
tiated, have  acted  in  good  faith,  and  that  they  arc  desirous  of  re- 
straining these  guerilleros,  and  that  so  far  as  they  have  the  power 
they  will  do  so,  but  it  is  impossible  for  Ihcm  to  restrain  them,  and 
what  is  the  inference  ?  Why,  that  whether  the  treaty  is  ratified 
or  not,  when  your  army  returns,  your  peace  will  not  be  a  secure 
one.  It  seems  to  me  thai  these  facts  show  us  irresistibly,  that  the 
conclusion  of  the  honorable  Senator  from  Smuh  Carolina,  is  the 
correct  one,  that  the  only  mode  of  obtaining  a  permanent  peace  is 
to  withdraw  to   a  lino  and   defend  it.     We  can   defend  it  as  well 


without  a  treaty  as  -irith  it.  If  there  is  no  government  in  Mexico 
which  can  compel  these  guerrilleros  to  obey,  what  are  we  to  do  ? 
Would  it  not  have  been  far  better,  if  we  had  taken  the  advice  of 
the  honorable  Senator,  long  ago  ?  We  may  be  compelled  to  do  so 
yet.  In  that  ease,  there  is  no  doubt  we  have  troops  enough  already 
in  Mexico  for  the  defence  of  the  line,  though  perhaps  not  enough  hir 
"  overrunning  the  whole  country,  capturing  every  town  and  pro- 
vince, and  keeping  the  government  in  perpetual  motion.''  It  is 
evident  from  the  report  of  the  Adjutant  General,  that  we  have 
troops  enough  there  to  keep  this  line,  which  seems  to  be  our  inev- 
itable destiny  in  the  end,  if  the  information  of  the  honorable  Sena- 
tor from  Mississippi  be  correct. 

Ivow,  a  word  to  the  honorable  Senator  from  Michigan.  In  the 
•  lurse  of  my  remarks  some  time  ago,  to  which  the  honorable  Sen- 
ator has  replied  today,  I  did  say,  that  I  thought  he  put  him- 
self in  the  iiosition  of  tlicv  champion  of  the  administration,  but  I 
did  not  use  the  term  in  an  oflensive  sense.  He  has  this  day  proved 
himself  the  champion,  the  very  Ajax  Telemon,  of  his  party.  The 
honorable  Senator  in  the  opening  speech  on  this  bill,  intimated  to 
us  that  the  whole  course  of  the  government,  in  the  conduct  of  this 
war  was  impregnable;  that  if  it  were  attacked,  the  assault  could 
be  easily  met  and  as  easily  repelled.  I  noticed  this  remark  of  the 
honorable  Senator  at  the  time,  and  to  avoid  all  mistake,  I  quoted 
from  his  speech  verbatim  et  literatim,  in  his  hearing.  I  drew  the 
inference  and  so  said,  that  the  champion  of  the  administration  had 
thrown  his  gauntlet  at  our  feet,  Ihiit  he  had  defied  us  to  show  a 
single  instance,  in  which  the  conduct  of  the  administration  was  not 
impregnable.  Sir,  I,  as  one  of  the  humblest  of  the  Senators  defied, 
dared  to  take  the  gauntlet  up,  and  proceeded -to  direct  his  attention 
to  a  set  of  facts,  calling  for  his  defence.  I  referred  to  the 
eondnct  of  Santa  Anna,  as  the  murderer  of  our  people  at  Go- 
liad and  the  Alamo.  This,  I  think,  was  of  itself  enough  to 
satisfyMr.  Polk,  and  every  one  of  the.  character  of  that  man.  I 
then  proceeded  to  ask  the  Senator  from  Michigan,  why  the  Presi- 
dent on  the  day  on  which  this  war  commenced,  admitted  this  same 
Santa  Anna  into  Mexico  by  special  order,  with  all  his  sins  upon  his 
liead — the  consciiuenec  of  which  admission  has  been,  that  we  liave 
been  compelled  to  fight  thousands  and  tens  of  thousands  of  Mexi- 
cans, who  never  would  have  rallied  under  any  other  leader.  And 
now,  as  the  honorable  Senator  from  Mississippi  said  to-night,  this 
same  Santa  Anna,  instead  of  leaving  Mexico,  is  rallying  his  bands, 
not  only  of  guerrilleros,  but  of  regular  forces,  for  another  attack 
upon  us.  And  if  this  information  be  correct,  there  is  no  reason  on 
our  part  to  believe,  so  long  as  he  remains  in  Mexico,  there  wdl  be 
any  permanent  peace.  Who,  then .  is  to  blame  for  all  this  ?  The  ad- 
ministration ;  the  President.  And  I  called  the  honorable  Senato-: 
from  Michigan,  to  defend  them  from  this  charge,  if  their  conduct 
was  impregnable,  and  so  easily  defended.  Well,  what  has  he 
done?  Why  he  tells  me  to-day,  in  a  speech  which  he  made  closing  the 
debate  upon  this  bill,  that  1  have  done  him  wrong  in  calling  him 
the  champion  of  the  administration  ;  and  instead  of  exonerating 
the  President  from  this  charge,  the  champion  is  totally  silent  on 
the  subject.  Wc  have  heard  some  dozen  speeches  on  that  side  of 
the  chamber  in  defence  of  the  E.xecutive,  and  though  we  are  [old 
that  the  conduct  of  the  administration  is  impregnable  and  easily 
defended,  not  one  of  the  gentlemen  who  have  spoken  has  conde- 
■-^cended  to  notice  the  matter  at  all.  The  .Senator  from  Michigan 
'  ^ays  he  is  not  the  champion.  Now,  I  appeal  to  the  Senate  if  he 
did  not,  in  etteet,  blow  a  trumpet  to  invite  an  .antagonist  into  the 
field,  and  when  I  met  him  there,  if  he  did  not  lay  down  his  arms 
and  beat  a  retreat  ? 

Again,  I  charged  upon  the  administration  that  they  caused  the 
troops  to  be  withdrawn  from  General  Taylor  whilst  on  the  eve  of 
the  battle  of  Buena  Vista,  and  when  Santa  Anna  stood  in  his  front 
with  twenty  thousand  of  the  best  troops  of  Mexico,  leaving  him 
barely  about  a  (|uartcr  of  the  nuniber  opposed  to  him.  1  also 
adverted  to  the  i'ailure  to  supply  General  Scott  with  trcjops  while 
at  Puebla,  though  he  repeatedly  entreated  troops  anti  munitions  of 
war,  .so  that  finally  that  great  captain  was  obliged  to  enter  the 
city  of  Mexico  wiih  less  than  six  thousand  men.  True,  he.  like 
General  T.iylor,  was  successful  on  all  occasions  against  fearful 
odds  ;  yet  I  arraign  the  conduct  of  the  administration  for  exposing 
both  these  Generals  to  the  embairassments  with  which  they  were 
obliged  to  contend  by  reason  ol'  these  acts,  whilst  a  contrary  comse 
would  have  saved  the  lives  of  thousands  of  our  people.  But  to 
all  this  there  has  been  no  reply. 

There  was  another  subject  on  which  the  honorable  Senator  did 
mc  the  lioncu-  to  ulb'r  a  rcjily  to  some  remarks  of  mine.  I  had  said 
in  the  course  of  the  debate,  that  the  President  has,  in  his  annual  mes- 
sage, distinctly  announced  a  new  position  ;  that  he  had  attempted 
to  negotiate,  and  had  stated  bis  ultimatum  which  had  been  refu.scil, 
and  that  nothing  remained  but  to  conquer  Mexico.  All  know  that 
I  was  the  advocate  of  suiqilies  to  the  army.  I  voted  them  on  all 
occasions,  but  when  the  President  took  up  this  position  and  avowed 
that  his  object  was  conquest,  I  said  1  wcnild  go  no  further,  and  I 
stated  some  cases  to  justify  myself  in  this  determination.  Amongst 
other  things,  I  put  the  case  of  a  man  who  had  money  due  him, 
who  met  liis  debtor  on  the  high  way  and  demanded  of  him,  pre- 
senting, at  the  same  time,  a  pistol  to  his  breast,  that  he  should 
surrender  to  him  a  ticed  of  his  farm  though  it  was  worth  far  moro 
than  the  debt.  This  I  designated  by  the  term  which  any  body 
would  apply  to  the  transaction.  The  honorable  Senator  docs  not 
deny  the  analogy  or  the  justice  of  the  view  which  1  look  in  refe- 
rence to  private  individuals.  I  know  that  he  would  be  the  last 
man  who  would  imdertaUo  to  justify  such  an  attempt  to  despoil 
his  neighbor. 


March  17.] 


THE  TEN  REGIMENT  BILL 


373 


Mr.  FOOTE. — Will  the  honnrable  Senator  allow  me  to  say  that 
I  understocul  the  Senator  from  Michigan  as  denyins:  the  analogy. 

Mr.  CLAYTON.— The  Senator  from  Michigan  is  present  ;  he 
caa  answer  for  himself. 

Mr.  CASS.— I  did  say,  the  honorable  Senator  will  recollect,  that 
I  considered  the  analogy  to  be  false— I  nse  the  term  logically  and 
not  in  its  ethical  sense.  I  said  analogies  were  dangerous  thmgs. 
Mr.  CLAYTON. — "Well,  "analogies  are  dangerous  things."  Let 
us  see  now  how  the  matter  stands,  and  wherein  this  analogy  is 
false.  The  President  said  that  he  was  constrained  to  give  up  the 
idea  of  negotiating,  and  that  more  forces  must  be  sent  in  order  to 
compel  them  40  sign  a  treaty  ceding  to  us  New  Mexico  and 
California.  The  Mexicans  owed  ns  money  for  certain  clanns 
held  by  our  citizens,  the  amount  of  which  was  admitted  to 
be  vastly  below  the  value  of  the  territory  demanded.  Here,  then, 
is  the  case  of  a  nation  demanding  a  cession  of  territory  which  is 
worth  mu(ai  more  than  Ibe  debt  due  to  that  nation,  and  demand- 
inir  it  at  the  mouth  of  the  cannon—"  coercing"  ae(piieseence,  to 
use  the  languaire  of  the  President.  Now  what  is  the  reply  of  the 
Senator  froiii  Michican  ?  The  only  answer  is,  that  nations  are  not 
like  individuals,  that  there  is  no  reasoning  by  analogy  Irom  the  ease 
which  I  have  put  of  the  individual,  to  that  of  a  nation  !  Why  not  '. 
The  honorable  Senator  says  because  an  inuiyidnal  is  answerable  to 
a  tribunal  or  an  umpire,  and  that  a  notion  is  not.  Let  us  look  a 
little  into  this  matter.  The  jnivate  individual  does  not  commit 
highway  robbery  because  forsooth  there  is  a  court  which  will  pun- 
ish him,  whilst  a  nation  is  responsible  to  no  human  Iribunal — to  no 
umpire,  and  therefore  the  analosy,  as  the  bonoralile  Senator  says,  is 
"false."  Now  is  this  true  ?  Is  it  true  that  statesmen  legislating 
'for  a  nation  are  answerable  to  no  tribunal?  I  thought  there  was 
such  a  thing  as  the  law  of  nations — a  code  recognized  by  all  the 
civilized  world,  by  which  the  conduct  of  nations  is  governed — I 
thought  that  statesmen  legislating  for  a  nation  were  as  much 
bound  by  rules  of  morality — were  as  much  bound  to  nbserve  inteu'- 
rity  of  conduct  in  acting  for  the  nation  as  in  acting  individually. 
I  thought  that  honor  was  worth  as  much  to  a  nation  as  land  or 
money",  and  as  I  would  not  despoil  my  neighbor  of  his  jiroperty,  so 
I  wonid  not  place  my  country  in  a  position  to  be  accused  of  a  sim- 
ilar act.  But  the  honorable  Senator  who  would  scorn  to  do  this  in 
his  private  capacity,  justifies  it  as  the  act  of  a  nation  !  Is  there 
no  such  thing  to  govern  us  as  conscience  when  acting  as  public 
men  \  How  will  the  honorable  Senator  satisfy  his  own  heart  when 
it  charges  him  with  co-operating  with  others  in  an  act  which  will 
produce  the  result  of  lowering  the  character  of  a  nation  ?  If 
ti.at  heart  should  hereafter  reproach  him  with  injustice,  and  swell 
with  remorse,  he  may  follow  the  advice  of  the  fool  to  Lear,  "  Cry 
to  it  uncle,  as  the  cockney  did  to  the  eels,  when  she  put  them  in 
the  paste  alive;  she  rajiped  'em  o'  the  coxcombs  with  a  stick,  and 
cry'd,  '  down,  wantons,  down  1'  "  He  may  stifle  his  conscience  in 
that  way,  if  he  can. 

Mr.  President,  I  have  felt  warmly  on  this  subject  because  the 
honor  of  my  country  is  as  dear  to  me  as  my  own  individual  homn-. 
I  would  do  nothing  that  was  calculated  to  tarnish  it  ;  on  the  con- 
trary, J  would  do  every  thing  to  sustain  that  high  character 
for  integrity  and  morality  which  was  sustained  so  nobly  by  the 
fathers  of  the  republic.  I  regard  that  as  of  more  value  than  would 
be  all  the  wealth  of  the  mines  of  Golconda,  and  all  the  military 
glory  which  could  be  gained  for  centuries  to  come. 

There  are  many  other  points  to  which  I  would  be  glad  to  advert, 
but  the  lateness  of  the  hour,  admonishes  me  that  I  should  no  lon- 
ger trespass  upon  the  patience  of  the  Senate. 

Mr.  CASS. — I  really  was  not  aware,  Mr.  President,  that  the 
honorable  Senator  from  Delaware  considered  any  remarks  from 
me  upon  the  subject  of  Santa  Anna's  return,  as  a  matter  of  the 
least  imoortanee.  The  President  himself,  in  his  message,  had 
placed  that  question,  I  thought,  upon  impregnable  grounds.  If  he 
had  not  done  so,  the  Senator  frtmi  Delaware  was  as  capable  as 
any  other  person  of  showing  the  failure.  This  he  has  not  done. 
I  will  observe,  however ,  sir,'  for  the  consolation  of  the  honorable 
Senator,  and  of  all  who  have  made  the  return  of,  Sonta  Anna  a  pe- 
culiar cause  of  grief,  that  he  has  proved  himself  the  best  Mexican 
general  for  us  that  could  possibly  have  been  selected;  and  that  if 
he  had  been  nominated  I0  the  Senate,  and  we  had  foreseen  the  re- 
sult, he  would  have  been  confirmed  unanimously.  He  has  been 
defeated  in  every  battle  he  fought,  lost  every  place  he  attempted  to 
hold,  and  is  now  a  wanderer,  without  power  or  influence,  having 
seen  his  country  overrun,  its  armies  dispersed,  its  government  a 
fugitive,  and  a  large  portion  of  its  population  reduced  to  subjec- 
tion. I  do  not  believe  that  another  Mexican  general  could  have 
been  found  who  would  have  lost  more  battles,  abandoned  more  po- 
sitions, or  lied  with  more  ignominies. 

Mr.  CLAYTON.— I  only  wish  to  say  in  reply  to  the  gentleman 
that  Santa  Anna  has  proved  himself  beyond  all  doubt  to  be  the 
best  General  for  them  that  the  Mexicans  could  have  had.  The 
fact  that  he  was  defeated  by  such  men  as  Taylor  and  Scott  is  no 
proof  that  he  was  not  the  best  of  the  Mexican  Generals.  Sir, 
who  else  could  have  rallied  the  thousands  of  Mexicans  who 
marched  under  his  banner  ?  Who,  since  he  has  disappeared 
from  the  theatre  of  action  in  Mexico,  has  been  able  to  rally  a  sin- 
gle regiment  ?  No  man.  And  now,  when  we  hear  to-night  for 
the  first  time,  that  troops  are  again  about  to  be  raised,  we  find 
Santa  Anna  is  the  man  who  is  marshalling  them  for  battle.  Sir, 
if  he  had  not  been  admitted  into  Mexico  no  one  can  doubt  or  deny 


that  we  eouki  have  marched  to  the  capital  without  the  sacrifice  of 
thousands  of  lives  which  we  have  been  compelled  to  undergo.  II 
lie  had  not  been  admitted  into  Mexico,  the  battle  of  Buena  Vista 
would  not  have  been  fought  ;  and  no  other  man  could  have  raised 
the  army  which  met  us  at  Ccrro  Gordo — at  Molino  del  Rey — at 
Chepultppee — and  at  the  gates  of  Mexico  itself.  Sir,  upon  the 
head  of  the  President  of  the  United  Stales  falls  justly  the  blame 
of  this  act.  We  have  heard  much  of  aiding  and  abetting  the  Mex- 
icans of  moral  treason,  and  of  giving  aid  and  comlurt  to  the  ene- 
my, but  if  a  private  individiml  had  done  that  wliicli  the  President 
acknowledges  he  has  done  in  a  public  capacity,  how  would  he 
have  been  called  to  answer  it? 

Mr.  FOOTE. — May  I  ask  a  question  ?  Docs  the  honorable  Se- 
nator mean  to  say  that  the  President  intended  to  give  aid  and  com- 
fort to  the  enemy? 

Mr.  CLAYTON.— Not  at  all!  T  say  that  having  done  this 
act  ho  has,  as  Talleyrand  would  have  said,  been  "guilty  of  a 
blunder  that  is  greater  than  a  crime." 

Mr.  DOUGLAS.— I  dislike  to  detain  the  Senate  at  this  late 
the  Senat<ir  from  Delaware  has  re-opened  the 
his  grave   charges,    I  will   say  a  lew  words    in 


hour  ; 
whole 
reply. 

Mr. 


but    since 
debate  bv 


-I  spoke  at  the   earliest   moment  I  ooiild  get 


CLAYTON, 
the  floor. 

Mr.  DOUGLAS.— I  have  no  doubt  <.f  it,  and  I  too  speak  at  the 
earliest  moment  I  can  get  an  o|iporlunity,  and  I  am  resolved  that 
this  debate  shall  not  be  terminated  without  a  refutation  of  the 
grave  charges  whii-li  the  Senator  from  Delaware  has  preferred 
against  the  administration.  I  ask  in  what  sense  the  admission  ol 
S  nta  Anna  was  improper?  Was  not  every  Mexican  then  outof  Mex- 
ico freely  admitted  into  that  country  if  he  desired  to  return?  You  had 
a  blockade  aaaiiist  the  admission  of  muiiitions  of  war  and  merehaii- 
dize,  but  had  vou  any  blockade  aijaiiist  iiidividuals  ?  Every  Mex- 
ican, Frenchman,  or  Spaniard,  and  citizen  l^f  every  nation  upon 
earth  was  |iermitted  to  enter  that  country.  Will  the  Senator  take 
the  position,  that  whilst  every  other  individual  belonging  to  the 
Mexican  nation  was  permitted  to  re-enter  Mexico,  Santa  Anna 
should  not  have  been  permitted  ?  I  rather  agree  with  the  .Senator 
from  Mississippi  in  relation  to  this  matter,  that  we  should  let  them 
have  the  men  they  wanted  to  eoniinand  their  armies.  Any  (ieneral 
they  chose  to  select  that  we  might  tight  their  best  men.  I  much 
prefer  that  we  can  say  we  defeated  their  best  General  in  every 
Held,  and  that  they  cannot  now  say  that  had  Santa  Anna  been  there 
we  eould  nat  have  done  it. 

But,  sir,  there  is  another  reason  why  I  fully  justify  that  act.  I 
believe  that  it  was  not  a  blunder,  but  one  of  the  wisest  and  most 
politic  measures  that  has  been  adopted  by  the  administration  in  the 
prosecution  of  this  war.  1  know  that  the  time  has  not  come  for 
the  development  of  all  the  facts,  but  enough  has  been  disclosed  to 
convince  me  of  the  policy  of  that  act.  We  all  know  that  Paredes 
was  then  at  the  head  of  the  Mexican  government,  and  that  he  ob- 
tained that  position  in  consequence  of  an  avowed  hostility  to  the 
United  States;  that  he  represented  the  monarchical  party,  and  that 
his  success  would  have  been  the  success  of  monarchical  principles. 
They  bad  thrust  Herrera  out  for  no  other  reason,  than  that  he 
desired  to  make  peace  with  us-  We  know  also,  from  the  best  in- 
formation, that  Paredes  was  at  the  head  of  an  army  raised  by 
himself — an  armv  which  he  was  able  to  pay  every  week,  or  every 
day.  if  necessary,  in  British  gold — ^when  at  the  same  time  he  him- 
self was  known  to  be  a  bankrupt  without  a  dollar.  We  know, 
upon  the  authority  of  British  newspapers,  that  it  was  announced 
that  the  admission  of  Santa  Anna,  and  the  expulsion  of  Paredes, 
was  the  este|ipcl  of  a  great  movement  in  Mexico.  We  all  re- 
collect the  tirade  of  abuse  poured  out  in  the  Times-  and  the 
Journal  des  Debats,  of  London  and  Paris,  against  Santa  Anna,  for 
preventing  the  consummation  of  this  movement.  What  was  this 
movement?  It  was,  as  I  have  said,  got  up  lor  the  purpose  of  es- 
tablishing a  monarchy  in  Mexico.  Whether  Santa  Anna  was  there 
or  not,  there  was  to  be  war.  If  Paredes  had  continued  at  the 
head  of  att'iiirs,  you  would  have  been  engaged  in  a  war  backed  by 
Europe;  if  Santa  Anna  was  elevated  to  the  chief  authority,  you 
would  have  a  war  under  the  direction  of  a  man  who  could  look 
for  no  sympathy  beyond  the  lira'ts  of  Mexico.  There  was  the  dif- 
ference. The  time  will  come,  when  the  veil  will  be  removed,  and 
it  will  then  be  seen  that  the  admission  of  Santa  Anna  was  one  of 
the  wisest  movements  in  the  whole  conduct  of  the  war. 

A  word  in  relation  to  another  charge  brought  against  the  ad- 
ministration, which  is,  the  withdrawing  the  forces  from  General 
Taylor  just  before  the  baltle  of  Buena  Vista.  Does  the  Senator 
expect  that  that  charge  will  go  forth  to  the  world  with  our  silent 
acquiescence?  Does  he  not  k.  ow  that  the  administration  did  not 
withdraw  a  man  from  General  Taylor — that  the  troops  were  with- 
drawn by  General  Scott  himself,  of  his  own  volition,  without  any 
directions  from  the  administration  ?  The  administration  had  no 
more  to  do  with  that  measure  than  I  had,  if  I  am  eoireetly  in- 
formed. My  recollection  is  distinct,  that  General  Scott  had  dis- 
cretionary power,  and  that  this  was  bis  .act,  and  not  the  act  of  the 
administration.  Whenever  any  credit  is  to  be  claimed,  the  honor- 
able Senator  is  ready  enough  to  claim  the  credit  tor  the  gener.als 
employed  in  Mexico;  but  wherever  blame  is  to  be  attached,  he  is 
as  ready  to  throw  it  upon  the  administrat  ion. 

Again,  sir,  as  to  the  charge  of  not  supplying  General  Scott  with 
sufFicient  force.     This  is  the  first   time  that  1  have  heard  such  a 


374 


THE  TEN  REGIMENT  BILL. 


[Friday, 


complaint.  I  know  of  one  (act  in  regard  to  tliat  campaign,  in 
which,  however,  I  ground  no  complaint,  and  it  is  this.  General 
Scott  discharged  several  thousand  volunteers  at  Jalapa,  long  be- 
fore their  time  of  service  expired,  and  llien  proceeded  to  Perote 
and  Piiebla,  with  the  remainder  of  his  troops.  I  know  that  he 
sent  home  two  regiments  from  ray  own  Stale,  montlis  Iwfore  their 
terra  of  service  expired;  and  I  now  find  it  •certainly  vt^-y  difficult 
to  comprehend  how  it  is  that  General  Scott  would  have  sent  li.ick 
these  troops,  who  had  distinguished  themselves  in  the  field,  il  he 
was  in  need  of  them,  and  could  not  have  got  aloni:  without  them. 
Now,  a  word  or  two  upon  this  question  of  rolihery.  The  hono- 
rable Senator  from  Delaware  perseveres  in  bis  attempt  to  fix  n|)on 
the  sujiportcrs  of  this  war  his  old  charge  of  robbery,  and  repeats 
the  parallel  he  has  drawn  before  between  this  and  the  case  of  high- 
way robbery.  This  charge,  let  us  recellect,  is  urged  by  a  Senator 
who  has  voted  for  the  war  from  the  beginning.  He  has  voted  lor 
every  war  measure,  I  believe,  but  he  says  he  turned  against  it  as 
soon  as  he  found  it  was  a  war  of  conquest.  Pray  how  did  he 
make  that  discovery?  Did  he  find  it  in  the  President's  message? 
ir,  so  \u:  had  better  examine  the  message  again.  The  President 
informed  us  in  his  message  of  last  session  that  he  bad 
taken  possession  of  California  and  New  Mexico,  and  re- 
commended that  provision  be  made  for  the  establishment 
of  civil  government  in  those  conquered  provinces.  He  had 
better  refer  a^aiu  to  the  uiessagc  asking  lor  the  appropriation  ol 
three  millions  of  dollars.  Why  did  the  President  ask  for  that  a|)- 
propriation'  He  referred  you 'to  the  case  of  the  acquisition  of 
Louisiana,  in  which  money  was  reipiircd  to  be  paid  in  advance, 
and  also  to  the  case  of  the  purchase  of  Florida,  and  after  referring 
to  these  cases  illustrative  of  the  grounds  upon  which  he  recom- 
mended the  appropriation,  he  asked  for  three  iiiilliniis  of  doUars. 
Now,  was  not  the  demand  of  the  Executive  a  clear  notice  of  the 
inlention  of  the  administration  to  receive  territory  as  a  consequence 
of  ihe  ]irosecution  of  this  war?  and  not  only  to  receive  territory, 
but  to  receive  sufficient  for  indemnity,  as  well  for  the  claims  due 
lo  our  citizens,  as  for  all  the  expenses  of  the  war?  These  facts 
were  bef(»e  us  at  the  last  session.  Every  Senator  knew  them; 
and  the  war  bills  were  voted  for,  at  the  last  session,  with  a  full 
knowledge  of  these  facts.  Still  we  are  told  that  because  it  is  pro- 
posed to  receive  territory  as  mdemmty,  therefore  it  is  a  war  ol 
aggression.  I  repeat  that  it  has  been  well  known — it  has  been 
proclaimed  in  both  Houses  from  the  beginning— that  the  war  was 
to  brin"  territory  as  compensation  or  iiulciunily.  I  undertake  to 
say  thai  I  do  not  believe  that  there  is  a  Senator  on  this  lloor,  uor 
a  Imnian  licing  within  the  sound  of  ray  voice,  who  did  not  know 
the  fact  that  ft  was  intended  from  the  time  the  war  commenced 
that  territory  was  to  be  acquired.     And  yet,  though  we  all   knew 

tills though  the  President  told  us  so — tlnuigh  be  asked  for  money 

to  pay  thelirst  instalment  in  compensation  lor  the  territory  so  ac- 
quired, yet  the  changes  are  still  rung  on  tlie  charge  that  it  has 
recently  beemnc  a  war  of  conquest. 

The  "war  was  forc(Hl  upon  us  by  Mexico.  It  was  just  on  our 
part,  affgressive  on  hers.  We  tried  to  avoid  it  and  to  settle  the 
difiicultVby  negotiation.  Mexico  made  the  attack,  we  repelled 
that  attack  and  carried  the  war  into  the  enemy's  country,  with  a 
view  of  getting  "indemnity  for  the  past,"  and,  if  you  please,  "secu- 
rity for  The  future"— security  that  they  never  would  conimenee  war 
upon  us  again. 

Mr.  CLAYTON. — Did  you  get  that  .sccmily  in  ihc  treaty? 
Mr.  DOUGLAS.— When  the  gentleman  will  show  mc  a  treaty 
of  peace,  I  will  examine  it  and  tell  him  whelber  we  have  ihat  se- 
curity. But  1  am  unable  to  coniprehend  upon  what  ground  be  al- 
firms  the  imuKnalilv  of  this  war.  Such  a  charge,  coming  from  a 
•ventlcinan  wh.)  has   supported    it    Ironi  the  beginning — who  voted 

ivi,.  it who  did  not  vote  for   it  igiiorantly — who  knew  at  the  time 

the  war  was  declared  that  the  Mexicans  liad  attacked  a  detach- 
ment of  our  army,  is,  to  say  the  least  of  it,  very  singular.  The 
war  was  voted  with  a  full  knowledge  of  these  (acts.  I  have  look- 
ed, sir,  into  the  dehatt — indeed,  I  was  present  at  the  time  that  vote 
was  •■■iviMi— and  I  was  not  aide  to  find  a  man  who  doubted  the  pro- 
priety id'  that  dec'aration,  provided  that  the  attack  iqion  our  troops 
was  an  autborizi^d  one.  The  democratic  Senators  were  asked  to 
pause  in  order  lo  see  whether  the  attack  had  liecn  .authorized  by 
the  Mexican  oovcrnment.  And  it  was  at  that  time  that  the  hono- 
rable Scnatorl'roin  Soiilh  Carolina  drew  his  mcmon.ble  and  novel 
distinction  between  hostilities  and  a  slate  lA'  war.  The  objection 
Uj  Ihe  preamble  was,  that  it  was  doubtful  whether  war  existed.— 
Still  w(!  are  told  that  Senators  have  now  found  out  lor  the  first 
time  that  it  is  a  war  of  conquest ! 

Mr.  U.AGBY. — I  move  that  the  Senate  adjourn. 
SicvF.iiAi.  Senators. —Oh  !   no.  ,    ,    , .     ,  , 

Mr.  liAGBY. — I  will  withdraw  tlu^  motion  provided  this  debate 
ceases;  hut  I  caiin.it  I'onseiit  to  cxpo.so  my  health  night  after  night 
by  sitting  under  Ihi'  inllui!nce  of  this  gas,  listening  to  a  debate 
which  has  been  already  exhausted. 

Mr.  CAMERON  — I  came  here  this  morning  determined  to  sit 
out  ti.e  discussion. 

PRESIDING    OFI'ICER. — The  question  is  on  adjournment. 

The  question  was  then  taken  with  the  following  result  : 
Ayt-s,  ;-': 

SuL-s,  -  :  -  -'• 

Majority  apainst  the  molion.  -  -  ^ 

So  the  Soiiato  refused  to  adjourn. 


Mr.  JOHNSON,  of  Louisiana,  then  submitted  the  following 
raotion  : 

■'  To  recommit  the  bill  to  the  Commiltee  on  Naval  Aflairs  with  inslructions  lo  amend 
it  l)y  inserting  atlheead  thereof  the  lollowing  : 

"  Prort<lefl.hfn£e.ft^r,  That  the  President  shall  not  be  authorized  to  nominate  or 
a[)|tuinl  any  otfieer.  or  to  do  any  other  ael  m  the  e.\eetfl  ion  of  thisael,  until  il  shall  be 
satisfaetorilv  ascertained  that  ihe  pending  negotiations  with  Mexico  for  seeuring  a 
jieace  with 'that  conntrj-,  by  treaty,  have  failed." 

On  this  motion  the  yeas  and  nays  were  demanded,  and  were 
taken  with  the  following  result  : 

y[.;_\s;_>|e^^r5.  Badger,  ttaldw  in.  Bell,  Berrien,  Butler.  Calhoun.  Clarke.  Clay- 
ton. Corvvin.  Crittenden.  Davis,  of  Massachuselta,  Dayton.  Greene,  Hale,  Johnsou, 
of  Louisiana,    Mangom,  Phel|i;.  Underwood,  Uiihani.  and  Webster. — '2tl. 

\AYS. — Messrs.  Allen,  Ashley,  Atchison,  Atherton.  Bagby.  Henlon,  Bradbury, 
Bree.se,  Cameron,  Cass,  Davis,  of  Mississippi.  Dickinson.  Di.*  Douglas,  Downs, 
Felch.Foote,  Hannegan,  Hunter,  Johnson,  of  Georgia,  Lewis,  .Mason,  .Moor,  Niles, 
.Sturgeon.  Turney,  Weslcolt,  and  Yulee. — -23. 

The  motion  was  therefore  not  agreed  to;  and  the  question  re- 
curred on  the  passage  of  the  bill.     . 

Mr.  JOHNSON,  of  Louisiana. — Had  the  question  been  taken 
upon  this  hill  before  any  proceedings  took  place  upon  the  treaty, 
I  should  have  voted  for  it  ;  and  had  the  amendment  which  I  had 
the  honor  to  offer  to-day  been  adopted,  I  should  have  voted  for  it, 
but  I  think  that  after  the  occurrences  which  have  recently  taken 
phijc,  the  luatter  is  totally  changed.  A  treaty  has  been  agreed 
upon  and  a  commissioner  has  been  sent  to  Mexico,  and  wc  have 
reason  to  believe  that  the  treaty  will  be  ratified.  These  forces, 
therefore,  will  never  be  called  into  the  field.  The  amendment 
which  I  oll'ered  was  intended  to  prevent  the  President  from  ap- 
pointing these  four  or  five  hundred  officers,  and  raising  the  troops 
until  actually  required  to  he  called  into  the  field,  which  may  never 
be  the  case,  and  thereby  to  save  a  useless  expense  of  two  or 
three  inillions  of  dollars.  Under  the  present  circumstances  I 
cannot  reconcile  it  with  my  sense  of  duty  to  vote  for  this  bUl. — 
I  have  heretofore  voted  for  all  measures  for  the  vigorous  prose- 
cution of  the  war,  but  the  aspect  of  aflfairs  is  now  materially 
changed.  I  would  still  have  voted  for  the  bill,  however,  if  my 
ameiidment  had  prevailed,  or  if  I  could  have  had  an  assurance 
from  Ihe  chairman  of  the  Cominittee  on  Military  Affairs,  that  the 
President  would  not  make  these  appointments  until  they  were  ac- 
tually rei|uircd.  We  have  every  reason  to  suppose  that  the  Ireaty 
will  be  ratified,  and  besides  that  the  power  now  exists  to  fill  up  the 
old  regiments.  I  luuch  regret  the  situation  in  which  I  am  placed,  in 
regarti  to  this  bill,  but  not  having  the  assurances  to  which  I  have 
alluded,  I  cannot  give  my  vote  for  its  passage. 

Mr.  BUTLER. — I   am  very  far  from   submitting  to  those  who 
have  made  an    arbitrary  rule  for  deciding    this  matter  without  de- 
balc,  and  I  now  take  leave  to  ask  of  the  chairmain  of  the  Coramit- 
.  tee  on  Military  Affairs,  certain  questions  to  which   I  expect  to  re- 
ceive answers. 

Mr.  CASS. — I  do  not  feel  disposed  to  answer  questions. 

Mr.  BUTLER. — Well,  if  Ihe  Senator  is  not  able  to  answer  the 
questions 

Mr.  FOOTE. — I  hope  the  honorable  Senator  will  ask  me  the 
questions  that  he  proposes  to  ask. 

Mr.  BUTLER.— I  intend  to  ask  them. 

Mr.  FOOTE.— If  the  Senator  from  Michigan  does  not,  I  will 
answer  the  questions  for  the  Senator. 

Mr.  BUTLER. — I  fear  my  friend  will  answer  them  too  well. 
I  ask  the  chairman  of  the  coiumittee  on  Military  Afl'airs,  whether 
it  is  the  intention  of  the  President,  if  this  bill  passes,  immediately 
to  appoint  the  otficers  ? 

Mr.  CASS. — I  have  not  the  least  objection  to  answer  the  iiues- 
tion. — I  do  not  know. 

Mr.  BUTLER.— That  is  not  a  very  definite  answer! 

Mr.  FOOTE. — If  Ihe  honorable  Senator  will  allow  luc  to  an- 
swer him,  I  will  remind  him  that  the  Senator  from  Ohio,  on  the 
day  before  yesterday,  in  anticipation  of  all  such  questions,  declared 
that  if  there  was  a  prospect  of  peace,  the  troops  would  not  march, 
tiiid  if  there  was  a  prospect  of  war,  tliey  would. 

Mr.  BUTLER. — I  am  not  nnswered  yet.  The  Senator  from 
Michigan  knows  nothing   on  the  subject  '. — 

Mr.  CA.SS. — I  will  okserve  that  I  sometime  ago  had  a  conver- 
sation with  the  President  respecting  the  proposition  lo  make  this 
bill  not  absolute  but  diseroiionarv;  allowinij  him  to  determine 
whether  the  hirce  should  be  raised  or  not.  He  thought  the  sug« 
gestion  a  proper  one. 

Mr.  BUTLER. — I  believe  that  the  Senator  has  answered  the 
inquiry  in  a  kind  spirit,  although  the  answer  does  not  altogether 
satisfy  mc  of  the  propriety  of  passing  this  hill;  I  uni  willing,  how- 
ever, to  leave  it  with  the  House  of  Kepresentalives  to  determine. 
But  I  must  ask  another  tpicstion.  Is  it  the  intention  of  the  Pre- 
sident to  appoint  any  general  otrtecrs  under  this  bill,  as  was  done 
under  the  bill  of  last  year? 

Mr.  CASS. — This  bill  does  not  provide  for  them. 

Mr.  BUTLER. — I  do  not  say  they  were  appointed  under  the 
provisions  of  that  bill,  but  there  were  general  oflicers  appointed: 
two  brigadier  <ieiierals  and  lour  major  generals.  I  only  inquire 
the  ojjinion  of  tho  Senator  as  a  military  man. 


March  17.] 


THE  TEN  REGIMENT  BILL, 


375 


Mr.  CASS. — The  Senator  is  entirely  welcome  tn  my  indiviJual 
opinion. 

Mr.  BUTLER.^I  ask  the  honorable  Senator  IVom  Michigan, 
as  the  organ  of  the  administration,  whether  it  is  the  [jnriinse  to 
add  other  general  ollieers  to  those  already  appointed,  for  the  pur- 
pose ol  fultilling  what  we  must  suppose  to  be  the  demands  of  the 
serviee. 

Mr.  CASS. — I  do  not  know;  but  it  is  my  private  opinion  that 
additional  general  officers  will  not  be  wanted. 

Mr.  BUTLER. — I  believe  the  honorable  Senator  has  answered 
fairly.  He  says  he  does  not  know  whether  it  be  the  intention  of 
the  President  to  appoint  these  officers  immediately  or  not. 

Mr.  FOOTE. — Will  the  honorable  Senator  indulge  nio  a  mo- 
ment ?  I  have  had  no  confidential  communication  on  the  subject, 
yet  I  feel  authorized  to  state  one  I'act. 

Mr.  BUTLER.— What  is  that? 

Mr.  FOOTE. — There  was  a  meeting  of  the  members  of  this 
body  who  are  favorable  to  the  passage  of  this  bill,  and  the  nnder- 
standing  arrived  at  was  that  there  Vas  to  be  no  appointments 
made  unless  there  was,  an  actual  necessity  for  the  troops  to  be  de- 
spatched to  the  field,  and  I  do  hope  that  that  meeting,  caucus,  or 
whatever  it  m.ay  be  called,  will  unite  in  enforcing  upon  the  Presi- 
dent this  determination. 

Mr.  BUTLER. — These  are  assurances  which  in  some  measure 
relieve  me  from  the  apprehensions  which  I  have  entertained.  I 
could  have  preferred  however  that  the  bill  should  have  been  re- 
committed, and  a  clause  embracing  such  a  provision  introduced  as 
a  proviso  to  the  bill.  A  majority  here  however  has  declined  to  re- 
commit the  bill  with  a  view  to  amend  il .  and  we  must  therefore 
take  it,  I  suppose,  accordmg  to  the  provision  it  contains,  and  pass 
it  subject  to  the  discretion  uf  the  President.  There  are  contin- 
genees  under  which  I  woidd  put  these  troops  at  the  disposal  of 
the  President  unhesitatingly,  for  even  if  it  be  determined  to  with- 
draw the  array  to  a  line  of  defence,  I  am  strongly  inclined  to  the 
opinion  that  the  number  of  troops  that  we  have  in  Mexico  iit  pre- 
.sent  is  not  suliiciciil.  It  appeared  to  me  to  be  a  criminal  disre- 
gard of  human  life,  to  send  only  about  ten  thousand  men  under 
General  Scott  to  invade  an  empire,  with  a  population  of  eight 
millions.  I  thought  it  criminal,  sir,  a  rash  reliance  upon  the  gal- 
lantry, skill,  and  ptUriolism  of  our  citizen  soldiers,  wliieh  no  go- 
vernment on  earth  had  a  right  to  expect  from  its  people.  Success 
however  has  vindicated  the  course  of  the  administration,  success  I 
repeat  has  vindicated  tlie  act,  and  averted  the  force  of  that  indig- 
nation which  woulil,  had  the  result  been  otherwise,  have  deservedly 
fallen  upon  the  adminislration.  But  whether  that  success  depended 
on  the  wisdom  of  the  measures  which  they  devised,  or  upon  the 
gallantry  and  intrepiditv  of  the  officers  and  men  who  performed 
iho  work  is  a  question  which  I  leave  to  others  to  determine. 

Mr.  CLAYTON. — A  few  words  in  reply  to  the  Senator  from 
Illinois.  He.  has  undertaken  to  defend  the  conduct  of  the  Presi- 
dent in  admitting  Santa  Anna  into  Mexico  :  lirst,  upon  an  al'ega- 
tion  of  his  own.  that  at  that  time,  it  was  customary  to  admit  Mex- 
icans into  Mexico  without  any  restriction.  Sir,  tliis  is  new  to  me. 
I  do  not  believe  it.  It  is  impossible  that  flagrante,  hello — af'er 
war  was  declared — there  could  have  been  a  standing  order  for 
their  a  imission.     Docs  the  gentleman  mean  that  < 

Mr.  DOUGLAS. — I  mean  only  what  I  said.  I  said  not  a  word 
about  orders  ;  but  I  ask  the  gentleman  to  show  me  an  order  pro- 
hibiting the  entrance  of  Mexicans  into  that  country  even  after  the 
commencement  of  the  war.  What  I  said  was,  that  there  was  a 
blockade  against  the  introduction  of  munition'*  of  war.  merchan- 
dize, fee.,  but  not  against  individuals  ;  and  I  refer  the  gentleman 
In  the  fact  that  there  was  continual  passing  and  repassing  between 
Cuba  and  Mexico.  * 

Mr.  CLAYTON. — Well  now,  what  answer  is  that  ?  Why  was 
a  pass  given  if  every  one  had  a  right  to  enter  the  country  ?  and 
whoever  heard  before  that,  flagrante  bello,  any'  and  every  person 
might  pass.  Sir,  the  construction  put  upon  the  matter  by  the 
President  was  the  right  one  ;  if  it  were  necessary  for  Santa  Anna 
to  enter  Mexico,  it  was  necessary  for  the  Secretary  of  the  Navy 
to  give  him  a  pass. 

The  gentleman  will  recollect  the  great  noise  that  was  made 
by  our  government  in  consequence  of  Parodes  being  smug- 
gled into  Mexico  in  an  English  vessel.  I  do  not  choose  to  dwell 
npon  this.  But  the  gentleman  says,  and  it  is  the  lirst  time  I  ever 
heard  it,  that  the  President  did  a  most  praiseworthy  thing  in  pass- 
ing Santa  Anna  into  Mexico,  because,  at  that  time,  Paredes  was 
at  the  head  of  a  monarchical  party,  and  that  the  admission  of 
Santa  Anna  was  the  means  of  displacing  him.  Why,  what  man- 
ner of  reasoning  is  that  ?  Did  the  President  prefer  to  go  to  war 
with  a  republican  party  instead  of  a  monarchical  one  ?  Do  our 
republican  institutions  teach  ns  such  doctrines  as  these  ?  If  Pa- 
retics was  at  the  head  of  the  monarchical  party,  he  was  the  very 
man  for  us  to  put  down.  With  regard  to  the  employment  of  Brit- 
ish gold  I  undertake  to  say,  that  if  such  had  really  iiceii  the  case 
and  the  fact  had  beeoine  known  in  this  country  it  would  have  had 
the  eflect  of  uniting  the  people  as  one  man  The  President  would 
have  required  no  better  circumstance  than  that  a  foreign  govern- 
ment was  sustaining  the  Mexicans  to  enable  him  to  procure  the 
instant  and  unreserved  co-operation  of  every  man  in  the  country. 
But  to  come  to  the  real  merits  of  the  case.     Who  ever  heard 


before  that  Paredes  would  have  been  a  more  formidable  antagonist 
than  Santa  Anna?     Does  any  man  suppose  that  forty  such  as  Pa- 
retics eould  have  rallied  as  great  a  force  as  Santa  Anna?     He  could 
collect   thousands   where   others  would  fail   to  collect   hundreds. 
But   I  must  advert    briefly   to   one  or   two    other   points   in   re- 
ference   to    which     the      .St'nator    from     Illinuis    has     spoken. — 
I    have    complained    that     the    troops    under    (iencral    Taylor's 
command    were    withdrawn    in    the     face    of   an    enemy   i>t"  four 
times  their  number,  thus  jeoparding  his  safety  and  compelling  liim 
to  fight  against  vastly  superior   numbers.     I  complained  ihat  that 
withdrawal    was   an   act  of  the   administration.     The   gentleman 
tolls  me  in  reply  that  the  administration  is  not 'censurable  for  this, 
but  that  General  Scott  is  alone  answerable.     And   in  proof  of  his 
jiosition  the  honorable  Senator  tells  me  that  he  has  seen  nothing  in 
the  public  prints  to  justily  the  charge  that  the  war  department  or 
the  administration  had  done  more  tliim  a[ipoint  General  Scott  gen- 
eral-in-chief  over  the   army;  giving  bini  the  general  power  to  act 
in  this  matter  .as  he  pleased.     Now  I   imagine   that  if  there  was 
nothing  more,  if  the  administration  gave  him   this  general  power, 
the  administration  is  responsible  for  his  acts.     The  honorable  Se- 
nator  eaiiuot  screen    the   iidininistriilion   by    any  ingenuity   ol'  his 
from   censure,  if  censure   is    to   fall   any    where,  because   General 
Scott,  in    pursuance   of  power   expressly  conlerred   upon  him,  or- 
dered the  withdrawal.     But  I  think  that  the  honorable  Senator  will 
find  by  reference  to  the  documents  that   tho  facts   are  that  the  ad- 
ministration  distinctly  understood    before  General    Scott    went    to 
Mexico  that  he  was  to  do  this,  and  that  it   was  indispensably    ne- 
cessary to  his  success  in   that    great   campaign    which   he    was   to 
wage.  Where  was  he  to  get  an  army  sufficient  for  the  purpose  which 
he  had  to  accomplish?     How  could   he  have  avoided   doing  this? 
Is  it  supposed  that  ho  was  to  go  without  these  troops;  was  tiiis  idea 
entertained  by  the  Secretary  of  War?  No:  I  make  no  such  accusation . 
And  does  any  man  doubt  that  the  wlioh'    plan  of  the  campaign  was 
settled  here?     Does  any  man   doubt  that  before  General  Scott  left 
this  city  it    was  perfectly  understood   that  he  was  to   receive  from 
General  Taylor  the  forces  with  which  he  was  to  capture  Vera  C'riiz. 
I  do  not  charge  upon  the  administration  ihe  absurdity  of  ordering 
General  Scott  to  take  Vera  Cruz  without  troops. 

The  honorable  Senator  also  condescends  to  reply  to  anoiber  part 
of  mv  remarks.  1  have  said  that  General  Scott  ctnnplained  that  he 
was  left  a  long  time  without  sullicii'iit  troops  at  Pucbla.  This  the 
honorable  Senator  tells  mc.  iNinnot  be  so,  because  General  Scott  dis- 
charged a  great  number  of  volunteers  before  their  time  of  service 
expired — th  s  proving  that  he  had  sufiicient  force  to  enable  him  to 
take  the  city  of  Mexico  without  them.  Now  I  believe  every 
body  knows  the  reason  why  he  discharged  these  volunteers.  They 
were  men  whose  term  of  service  hail  nearly  expired,  and  it  woulo 
have  expired  before  they  eould  possibly  be  made  serviceable,  and 
I  hey  bail  refused  to  re-enlist.  He  informs  the  government  that  he 
found  it  would  be  better  under  such  circumstances,  to  save  the 
trouble  and  expense  of  feeding  them  any  longer,  by  allowing  them 
to  go  home,  but  at  that  moment,  their  services  and  the  services  of 
many  more  weio  reqiiiste  in  order  to  carry  on  the  war  with 
success. 

Next  the  Senator  from  Illinois,  tells  mc  that  I  must  slop  com- 
plaining, that  this  war,  is  a  war  of  aggression  and  eoncpiest,  be- 
cause, forsooth,  he  says  I  voted  for  the  war,  and  for  supplies,  after 
the  war  was  begun.  I  thought  that  every  body  here,  and 
the  honorable  Senator  says  he  was  present  in  the  chamber  at  the 
time  the  vote  was  given.  I  thought  tlitit  every  body  who  heard 
that  vote,  distinctly  understood  my  position.  We  had  debated  the 
bill  from  day  to  day,  denying  ihe  truth  of  tlie  preamble, and  insisting 
on  striking  out  that  which  we  did  not  believe.  If  the  S;'nat(u-  was 
here,  he  heard  ns  on  this  side  implore  Senators  on  the  other  side, 
to  permit  us  to  divide  the  bill  from  the  preamble  durinn  the 
war,  and  heard,  when  at  last  the  vote  was  given,  many 
Senators  give  their  votes  in  these  words — ''Ave,  wiihoiit 
the  preamble."  He  must  have  known,  also,  that  we  not 
only  denied  the  truth  of  the  preamble,  but  all  appealed  to  the  ins- 
tice  and  magnanimity  of  gentleman  on  the  other  side,  to  permit 
us  to  divide  the  bill  so  as  to  vote  for  the  supplies,  which  we  be- 
lieved to  be  necessary  to  rescue  our  army,  without  voting  a  propo- 
sition declaring  war  to  exist  by  the  act  of  Mexico  which  we  did 
not  believe.  Under  these  circumstances  it  was,  that  we  voted  fifty 
thousand  men,  and  ten  millions  of  dollars  supplies  to  our  armv  in 
])eril.  But  does  not  the  honorable  Senator,  if  he  was  present, 
well  remember  that  after  our  appeal  to  the  other  side.  Senators 
on  that  side  rose  and  said  to  us,  "we  agree  that  you  shall  protest 
against  the  preamble,  and  you  may  enter  your  protest  upon  the  jour- 
nal of  the  Senate — at  any  rate,  you  shall  be  understood  as  voting  for 
the  supplies."  The  Senator  from  Missouri,  and  the  Senator  i'rom 
Mississippi,  the  Lamented  Mr.  Speight,  came  forward  and  pub- 
licly entered  into  this  understanding  with  us  Let  the  honora- 
ble Senator  look  back  to  the  debate  of  that  day,  itwill  speak  for 
itself,  however  loosely  and  lamely  it  may  have  been  reported,  as  I 
recollect  was  the  case  with  the  remarks  which  I  then  made. 
In  regard  to  supplies,  I  have  always  voted  for  them,  and  have 
diti'ered  in  this  respect  from  some  of  my  friends  on  this  side,  whom 
I  have  endeavoured  to  induce  to  take  the  same  view  that  I  did. 
And  even  now  I  would  vote  all  necessary  supplies.  lam  anxious 
to  sustain  the  honor  of  the  army  as  any  man,  but  the  new  position 
which  the  President  takes,  and  which  the  honorable  Senator  denies 
to  be  a  new  position,  puts  it  out  of  my  power  to  vote  for  this  bill. 
The  Senator  says  that  the  same  position  existed  (brmerly.  I  am 
surprised  !  Why  it  was  declared  by  the  President  on  all  former 
occasions  that   it   was  not  the   purpose  of  the  administration  to 


376 


THE  TEN  REGIMENT  BILL. 


[Friday, 


maki-  this  a  war  of  conquest.  Had  I  not  a  ri<;ln  to  believe  this  ? 
But  the  ^'cnlhinian  says  that  the  three  million  hill  imiieatetl  con- 
quest. Sir,  there  is  nothing  like  it,  there  is  nothinf;  aliout  terri- 
tory in  that  bill;  it  is  an  appropriation  of  three  millions  of  dollars, 
to  eireet  a  speedy  and  honorable  peace  ;  that  is  the  lanfjiiaije  of 
the  bill;  it  is  not  stated  that  the  object  was  to  acipiire  terrilcjry 
by  conquest.  No,  sir,  it  was  not  announced  until  the  commence- 
ment of  this  session  that  territory  was  to  be  acquired  by  any  such 
means. 

I  regret  the  necessity  for  troubling  the  Senate  so  long,  for  I 
know  that  the  patience  of  Senators  is  exhausted  ;  but  I  desire  now 
to  make  one  remark  upon  the  merits  of  the  bdl.  We  are  now,  il 
wc  pass  this  and  I  he  volunteer  bill,  to  s(;nd  thirty  thousand  men 
to  Mexico,  in  addition  to  those  already  there;  ami  this  lar^e  army 
is  to  be  raised  during  an  armistice  with  a  coimtry  with  which  we 
have  been  treating,  towards  whom  we  have  been  holding  out  an 
idea  that  we  desire  peace.  What  will  b(^  the  clfect  of  such  a  mea- 
sure upon  them?  What  would  be  the  elVect  upon  any  nation  in 
Christendom,  which,  when  negotiating  with  another  nation, 
should  see  that  nalion  deliberately  raising  lliirly  tboiisand  more 
troops.  Would  not  such  a  raising  of  troops,  peniiiiii:  an  armistice, 
occasion  the  mimcdiate  breaking  up  of  all  ncgoliations.  It  would 
be  looked  upon  as  a  deliberate  insult  ;  it  would  be  regarded  as  an 
attempt  to  accomplish  that  by  bravado — by  menace — which  could 
not  he  obtained  by  argument  and  fair  discussion. 

Mr.  FOOTE. — I  would  ask  whether  it  was  not  a  whig  Senator 
who  declared  that  it  was  our  duty  lo  advance  with  the  sword  in 
one  hand,  and  the  olive  branch  in  the  other  ? 

Mr.  CLAYTON. — The  gentleman  who  made  that  declaration 
is  well  able  to  answer  for  himself.  I  thank  the  Senate  for  the  pa- 
tience with  which  they  have  heard  the  remarks  which  I  thought  it 
necessary  to  submit. 

Mr.  CRITTENDEN. — As  the  honorable  Senator  from  Missis- 
sippi has  alluded  to  me,  I  will,  with  the  permission  of  the  Senate, 
remark  .  that  I  did  say  that  I  believed  this  war  was  regarded  as  a 
lanieniable  anil  deplorable  war,  even  by  those  who  considered  it 
justiliable  and  warrantable,  and  that  I  thought  that  it  would  be 
highly  becoming  in  this  re|iidjlie  to  adopt  a  course  characterized 
by  iiiagnanimity.  and  lo  oiler,  aflor  every  blow  that  might  be 
striiek.  lernis  of  peace.  I  never  found  fault  with  too  much  soli- 
citude to  make  peace. 

Mr.  DOUGLAS. — The  Senate  need  not  be  apprehensive  that 
I  shall  detain  them  long.  I  wish  merely  to  say,  that  it  is  true  that 
the  honorable  Senator  from  Delaware  prolested  against  the  pre- 
amble to  the  bill;  but  the  debate  shows,  and  I  have  read  it  recent- 
ly, that  the  ■jronnd  of  the  protest  was,  llial  they  did  not  believe 
that  war  existed  at  all,  it  being  doubtful  whether  Mexico  had  au- 
thorized the  attack  which  had  been  inadc  by  the  Mexican  troops 
upon  our  army. 

Mr.  CLAYTON. — I  beg  leave  to  say,  that  the  Senator  is  en- 
tirely mistaken,  as  he  will  find  by  incjuiring  of  any  Senator  who 
was  in  this  charabor  at  the  time  war  was  dcclareil. 

Mr.  DOUGLAS.— Well,  I  leave  it  there.  Now  in  regard  to 
General  Scott  sending  home  the  volunteers  whom  he  discharged, 
previous  to  the  cx[)iration  of  their  period  of  service.  I  did  not  say 
that  he  had  enough  of  force,  for  I  do  not  know  the  fact;  but  I  do 
know  that  he  sent  them  back,  and  I  know  'hey  refused  tore-volun- 
teer; and  why?  because  ihev  were  re([uired  to  re-volunteer  for  the 
war,  instead  of  for  ihe  expedition  to  the  city  of  Mexico.  Now, 
in  rc^'ard  to  withdrawing  the  troops  from  General  Taylor,  I  fear 
the  honorable  Senator  will  not  only  lind  it  dillieull  lo  night,  but  at 
any  time  hereafter,  to  show  that  it  was  the  act  ol  the  administra- 
tion, or  that  the  administration  ordered  General  Scott  to  withdraw 
them.  On  the  contrary.  General  Scott  being  the  superior  oHiccr 
in  command,  took  the  responsiljility  of  withdrawing  those  troops. 
And  now,  as  to  the  question  where  lie  was  to  get  troojis  if  he  did 


not  take  those.  Before  the  battle  of  Monterey,  General  Taylor 
had  something  like  16,000  troops;  of  these  he  left  at  least  two- 
thirds  inactive,  whilst  he  proceeded  lo  capture  the  town  of  Mon- 
terey with  the  remainder.  General  Scott  went  do\\-n  to  Mexico 
as  commander  in  chief  of  the  army;  and  the  withdrawal  of  th-so 
troops  was  his  act.  If  the  gentleman  supposed  it  would  reflect 
any  glory  upon  General  Scott,  he  would  have  attributed  the  act 
to  him,  there  is  no  doubt.  But  here  is  the  dillicnlty.  General 
Scott  and  General  Taylor  must  both  be  praised  and  exalted  at  the 
expense  of  the  administration.  Their  faults,  if  any  there  be.  must 
be  charged  upon  the  administration,  whilst  the  merit  of  their  pro- 
ceedings in  the  prosecution  of  the  war  rest  wholly  with  themselves. 
One  general  must  be  played  oU'  against  the  other  for  pobtical 
purposes,  and  the  administration  be  made  responsible  for  their 
blunders,  if  there  be  any,  in  this  Presidential  campaign!  If  gentle- 
men can  succeed  in  this  game,  I  have  no  doubt  they  will  make 
considerable  political  capital.     • 

Mr.  UNDERWOOD.— I  desire  injustice  to  General  Scott  to 
state  a  fact,  and  to  ask  the  Senator  from  Illinois  if  it  be  not  so. 
If  I  am  correctly  informed,  the  time  of  service  of  these  volunteers 
would  have  expired  in  a  month  and  a  haif  or  thereabouts.  Does 
the  Senator  know  the  time  when  these  troops  would  have  been  dis- 
charged by  the  terms  of  their  enlistment  ? 

Mr.  DOUGLAS. — I  do  not  know  precisely,  but  I  am  under  the 
impression  that  their  time  would  have  expired  in  July.  I  know 
this,  however,  that  the  men  were  willing  to  go  on  to  the  city  of 
Mexico. 

Mr.  CLAYTON.— What  authority  had  General  Scott  to  en- 
list these  troops  for  six  weeks,  or  till  they  entered  Mexico? 

Mr.  DOUGLAS. — None  at  all  ;  but  the  Senator  will  perceive 
that  my  position  remains  altogether  untouched.  I  have  shown 
that  General  Scott,  on  his  own  authority,  voluntarily  discharged 
these  troops  at  the  very  time  when  the  Senator  represents  him  as 
being  compelled  to  weaken  General  Taylor's  column  in  conse- 
quence of  not  receiving  reinforcements  from  the  War  Department. 

Mr.  NILES.— I  rise,  sir,  to  thank  the  gentlemen  who  have  oc- 
cupied the  attention  of  the  Senate  this  evening.  The  subject  is 
so  entirely  fresh  and  novel  that  I  might  have  \-oted  with  a  great 
deal  of  dilliculty  had  it  not  been  (or  the  able  arguments  which  we 
have  heard  this  evening,  by  which  I  have  been  so  much  enli<'ht- 
ened  that  I  think  I  can  now  vote  with  a  tolerably  safe  conscience! 
Now,  if  I  receive  an  answer  to  one  question  which  I  desire  to  ask 
1  shall  be  entirely  satistied.  I  do  not  know  what  Senator  I  had 
better  ask  ;  perhaps  the  honorable  Senator  from  Delaware  will  do 
as  well  as  any  other.  I  enquire  then,  whether  in  his  conscience 
he  believes  it  is  the  destiny  of  this  country,  idtimatcly,  to  swallow 
all  Mexico  or  not  ? 

Mr.  CLAYTON,  (jocularly.) — It  depends  upon  what  the  peo- 
ple shall  do  at  the  Presidential  election  next  fall.  That  election 
will  answer  the  Senator  fully.     Lot  him  wait  till  that  even;. 

Mr.  CASS  demanded  the  yeas  and  nays  on  the  jiassage  of  the 
bill,  which  were  ordered  and  taken,  with  the  following  result  : 

V'EAS. — iMes*r>.  Allen,  -\sliley,  Atchison,  Allierton,  Bai^liy.  Henloii,  Brailltiirv, 
Itreese,  IJulIer.  Canu'ion.  Cass,  ftavi.s.  of  Mississipin.  DickiiiMni,  Uj.\,  IloUKlasi 
Downs.  F.-lch.  l-"oolc.  Haniiefian.  llniiter,  Joliiison,  of  Gcorgi.i,  Lewis,  M;i»OD 
M<ior.    NiIl-s.  Suir^M'on,  Tmnov,  Westcotl.  and    \'ulep. — ^.Jil.  ' 

NAVS,— Mes,rs.  l!ai|.;.T.  balilwin.  Hfll,  Ucrricii,  Calliouo.  Clarke,  Clayton 
Corwin.  Cnllvnileii,  llavis.  ijf  .Massarluisclls.  Davloii.  Orcenc.  Hale,  Jolinson, 
ol  liOiiisiaiia,  fllan-^uni,   I'liclps,  IJnilerwood,  U|iliain,  and  Webster. — 19. 

So  it  was, 

Resolved,  Thai  tins  hill  |ia.ss.  and  Ihat  llie  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

,.     On  motion, 

The  Senate  adjourned. 


March  18.] 


DEATH  OF  THE  HON.  JOHN  M.  HCLLEY. 


377 


SATURDAY,  MARCH  18,  1848. 


PETITION. 

Mr.  BREESE  submitted  an  additional  document  in  relation  to 
the  claim  of  Enieline  Owens,. which  was  referred  to  the  Commit- 
t«e  on  Naval  Affairs. 

EXECUTIVE     SESSION. 

On  motion  by  Mr.  ASHLEY,  the  Senate  proceeded  to  the  con-« 
sideration  of  Executive    business,   and,  after   a   short  time   spent 
therein,  the  doors  were  again  opened. 

IMPROVEMENT  OF  THE  HARBOR  AT  PORT  PONTCH.\RTR.\IN. 

Mr.  JOHNSON,  of  Louisiana,  submitted  the  following  resolu- 
tion, which  was  considered  by  unanimous  consent  and  agreed  to  : 

Itesolrcd,  That  Ihe  Coinmittse  on  Commerce  be  instructed  to  inquire  into  tlic  expe- 
diency of  niai<ing  au  appropriatiou  to  improve  the  harhot  at  Port  Poiitchartrain,  in  the 
t^rateof  Louisiana, 

THE    HEIRS    or   JOHN    P.4.UL   JONES. 

Mr.  BRADBURY  called  up  the  motion  to  re-considcr  the  vote 
whereby  the  Senate  cnncurrcd  with  the  House  in  its  amendments 
to  the  bill  for  the  relief  of  the  heirs  of  John  Paul  Jones,  and  said: 
I  have  been  desired  by  Senators  to  withdraw  the  motion  for  re- 
consideration, and  I  therefore  propose  to  call  attention  to  the  bill, 
and  then  to  take  such  course  as  shall  be  found  in  accordance  with 
the  general  sense  of  the  Senate.  A  bill  similar  in  its  provisions, 
passed  both  Houses  of  Congress  at  the  last  session,  and  then 
failed  in  consequence  of  being  aeeidentally  lost  on  the  last  ni^rht  of 
the  session,  on  its  way  from  the  desk  of  the  Secretary  to  the  room 
where  the  President  was  engaged  in  t.he  approval  of  bills.  It  was 
not  found  tintil  the  next  day,  vvhen  it  was  too  late  to  receive  the 
signature  of  the  President.  This  bill  was  introduced  into  the  Sen- 
ateduring  the  first  week  of  the  present  session,  and  passed  without 
discussion  or  reference.  It  came  back  from  the  House  by  reason 
of  amendments  made  in  that  body,  not  affecting  the  merits  of  the 
bill,  which  were  adapted  in  concurrence,  without  notice  or  division. 
Since  it  has  been  before  the  Senate,  I  have  examined  with  some 
attention  the  cnaracter  of  the  claim.  The  first  section  of  the  bill 
makes  provision  for  the  adjustment  of  certain  balances  claimed  by 
Commodore  Jones,  as  due  to  him  from  the  United  States,  which 
I  think  are  equitably  due,  and  ought  therefore  to  be  paid.  The 
second  section  presents  a  difTerent  question.  It  provides  for  the 
payment  for  the  prizes  captured  from  the  British  bv  the  fleet  under 
the  command  of  Commodore  Jones,  in  1779,  and  sent  into  Bern-en 
— a  neutral  port,  under  the  dominion  of  Denmark — which  were 
taken  from  the  captors  by  the  orders  of  that  government ,  and  de- 
livered up  to  the  British  .authorities.  Demand  was  made  upon 
Denmark,  on  behalf  of  the  captors,  for  compensation.  Tliat  <tov- 
ernment  offered  to  pay  £10,000  in  satisfaction,  but  Ihe  offer  tvas 
declined  as  inadequate.  The  claim  was  treated  as  a  claim  of  the 
oiptors  by  Dr.  Franklin,  our  minister  at  Paris,  by  Mr.  Jefferson,  his 
successor,  and  by  Commodore  Jones  himself.  Denmark  has  never 
made  satisfaction;  nor  has  the  claim  ever  iieen  assumed,  cancelled, 
or  abandoned  by  our  government.  And  I  submit  that  the  prece- 
dent will  be  a  dangerous  one,  for  the  United  States  to  assume  the 
payment  of  the  claims  of  its  citizens  upon  foreign  governments,  be- 
fore satisfaction  is  obtained,  or  because  they  have  not  succeeded 
in  obtaining  it.  This,  in  short,  is  my  view  of  the  subject,  for  I  do 
not  propose  to  discuss  the  questions  involved.  The  bill  under  con- 
sideration has  passed  the  stage  in  which  it  is  amendalile.  The 
second  section  cannot  be  reached  without  defeating  the  bill.  I 
now  propose  to  submit  the  disposal  of  the  question  to  ihe  Senate. 
If  it  is  desired,  I  will  ask  a  vote  upon  (he  motion  to  re-consider. 
Ifnot— if  it  is,  on  the  contrary,  the  general  sense  of  the  Senate,  I 
will  withdraw  the  motion. 

Mr.  CLAYTON  expres,sed  his  strong  disapprobation  of  the 
principles  intiolved  in  this  bill;  but  under  the  extraordinary  circum- 
stances, he  supposed  it  was  impossible  that  the  motion  should  not 
be  withdrawn.  He  protested  against  the  precedent  of  this  law  as 
fatal  to  the  treasury,  if  established  as  such,  and  said  the  bill  was 
one  of  the  strongest  evidences  of  the  recklessness  of  this  Govern- 
ment in  regard  to  its  expenditures. 

Mr.  PHELPS  took  a  similar  view  of  the  subject;  after  which, 
npon  leave  of  the  Senate,  the -motion  to  re-consider  was  with- 
drawn. 

DEATH    OF    THE    HON.    JOHN    M.    HOLLEV. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk: 
Mr.  President  :  I  am  diucted  to  notify  the  Senate  of  the  death  of  the  Honorabis 

30th  Cong. — 1st  Session — No  48. 


J.mN  M.  H01.1.KV.  late  a  member  of  the  House  of  RepreRentalives.  from  the  State 
of  New  York,  and  to  communicate  the  proceedings  of  the  Hou&e  of  Representatives 
thereon. 

The  resolutions  from  the  House  of  Representatives  having  been 
read — 

Mr.  DICKINSON  rose  and  addressed  the  Senate  as  follows  : 
This  painful  message,  Mr.  President,  devolves  on  me  the  melan- 
choly duty  of  paying  a  brief  tribute  to  the  virtues  of  the  deceased, 
and  of  asking  the  Senate  to  unite  in  the  customarv  ceremonies  of 
rerpect  for  his  memory.  The  fearful  messenger  Death  has  of  latft 
been  no  stranger  in  these  halls.  Eight  times  during  the  present 
session  h.ave  the  members  of  this  Congress  been  called  to  put  nn 
the  habiliments  of  mourning.  Eight  times  have  we  thus  been  sig- 
nif  •  mtly  admonished  of  the  futile  tenure  by  which  we  hold  life  and 
earthly  honors.  Three  members  of  the  Senate  and  five  mem- 
bers of  the  House  of  Representatives  since  the  last  session  of  Con- 
gress— some  at  the  meridian  of  manhood,  and  others  full  of  years 
and  honors — have  been  summoned  to  their  final  account.  ''  The 
cup  goes  round,  and  who  so  artful  as  to  put  it  by  ?" 

JoH.v  M.  HoLLEY,  the  lamented  subject  of  this  notice,  was 
born  at  Salisbury,  in  the  State  of  Connecticut,  in  November,  1S02, 
and  was  educated  at  Yale,  where  he  graduatcil  with  distinsuished 
honors  in  1822.  Having  chosen  as  his  purs  'it  jhc  legal  profession, 
he  spent  one  year  in  the  celebrated  law  .■  i.iol  of  Mr.  Gould,  at 
Litchfield,  in  his  native  State,  and  then  remo.  d  to  the  State  of  New 
York,  where  he  completed  the  usual  course  rtfpreparatorv  studies, 
and  was  admitted  at  the  bar  in  1825.  He  soon  after  opened  an 
olfice  in  the  village  of  Lyons,  in  the  county  of  Wayne,  where  he 
acquired  an  extensive  practice,  and  where  ho  continued  to  reside 
ui'itil  the  time  of  his  death.  Besides  filling  various  local  offices  of 
dignity  and  trust,  he  was  chosen  to  represent  his  countv  in  the 
assembly  of  his  State  in  1838,  and  again  in  1841.  In  18.16.  he 
was  chosen  to  represent  the  27th  Congressional  district,  composed 
of  the  counties  ol  Seneca  and  Wayne,  in  the  30th  Conirress,  and 
was,  at  the  time  of  his  election,  in  the  enjoyment  of  health  which 
gave  promise  of  a  long  life  of  usefulness  and  honor.  But.  about 
one  year  since,  he  was  struck  suddenly  down  with  a  fit  of  pulmo- 
nary apoplexy,  from  which  he  never  fully  recovered.  Bein^  de- 
sirous to  discharge  with  fidelity  his  representative  obligations,  at 
the  commencement  of  the  present  session,  though  exceedingly 
feeble  and  infirm,  he  repaired  to  the  Capitol,  and  look  pan  in  the 
organization  of  the  House,  and  yielded  reluctantly  to  the  advice  of 
his  physicians  and  friends,  to  seek  relief  in  repose  and  a  southern 
clime.  Immediately  after  the  opcnin"  of  the  session  he  proceeded 
to  Jacksonville,  in  the  State  of  Floricia,  where  the  genial  influences 
of  the  climate  seemed  to  revive  him  for  a  season,  and  his  friends 
were  flattered  with  the  hope  of  his  recovery.  But  a  sudden  return 
of  the  disease  brought  with  it  a  fatal  termination,  and  he  expired 
on  the  8th  instant.  He  died  conscious  of  the  mighty  change  which 
awaited  him,  calm  and  resigned,  in  the  hope  of  a  glorious  future. 
The  companion  of  his  life,  who  had  accompanied  him  with  that 
fidelity  and  affection  known  only  to  woman,  was  present  at  his  bed- 
side to  smooth  his  dying  pillow  and  close  his  eyes  in  death.  She 
is  now  returning  to  her  desolate  home  with  all  that  is  mortal  of  a 
beloved  and  faithful  husband,  to  tell  her  children  they  are  fatlier- 
less  !  Into  that  sanctuary  of  private  grief  I  may  not  obtrude;  for 
alas  !  how  impotent  is  human  consolation. 

I  had  long  known  the  deceased  by  reputation,  and  in  1838  was 
associated  with  him  in  the  New  York  Legislature;  and  though  in 
a  ditiorent  branch,  I  recollect  full  well  how  highly  he  was  there 
esteemed  by  all  who  knew  him.  He  was  a  citizen  of  pure  morals  and 
correct  deportment,  a  successful  and  honorable  member  of  the  bar, 
a  prudent  and  able  legislator,  and  was  especially  beloved  for  his 
social  and  domestic  virtues. 

Thus  lived  and  thus  died  John  M.  Holley,  a  member  of  the 
House  of  Representatives  of  the  thirtieth  Congress  of  the  United 
States — cut  off  in  the  midst  of  his  usefulness,  leaving  to  his  family, 
his  friends,  iiud  his  country,  the  priceless  legacy  of  an  unblemished 
name. 

Mr.  DICKINSON  then  submitted  the  following  resolutions: 

Resolved.  That  the  .Senate  has  received  with  deep  sensibility  the  messaj^e  from  the 
House  of  Representatives  announcing  the  death  of  llie  Honorable  JoBN  M.  Hollet. 
a  Representative  from  the  Slate  of  New  Yorlv. 

licsufvcfl.  That  the  members  of  the  Senate,  from  a  sincere  desire  of  showing  every 
marix  of  respect  10  tlie  memory  of  tite  deceased,  will  wear  the  usual  badge  of  mourn 
ing  for  tliirty  days. 

Hesolved.  Tiiat  as  a  further  tastimany  of  respect  for  t!ie  memory  of  the  deceased, 
the  Senate  do  now  adjourn, 

•   Whereupon, 

The  Senate  adjourned. 


378 


PETITIONS— PRIVATE  BILLS,  ETC. 


[Monday, 


MONDAY,  MARCH  20,  1848. 


PETITIONS. 

Ml-  BRADBURY  presented  a  petition  of  citizens  of  the  county 
of  P»nobscot,  in  Maine,  praying  rha  abolition  of  the  slave  trade  in 
the  District  of  Columbia,  or  the  removal  of  the  seat  ol  govern- 
ment; the  motion  to  receive  which  was  laid  upon  the  table. 

Mr  DOWNS  presented  a  petition  of  citizens  of  Louisiana, 
pravinn-  the  establishment  of  a  judicial  district  north  of  Red  river 
in  tiiat^State;  which  was  referred  to  the  Committee  on  the  Judi- 
ciary. 

Mr  ASHLEY  presented  a  petition  of  citizens  of  Arkansas, 
pravin<J  the  establishment  of  a  mail  route  from  Raymond  to  Cam- 
den, in'lhat  Slate;  which  was  referred  to  the  Committee  on  the 
Post  Office  and  Post  Roads. 

Mr.  CASS  presented  the  petition  of  E.  P.  Hastinsrs,  prayin" 
compensation  for  his  services  as  pension  agent  lor  the  State  ol 
Michigan;  which  was  referred  to  the  Comaiittee  on  Pensions. 

PRIVATE    DILLS. 

Mr  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  for  the 
relief  of  Amzy  Jiidd,  reported  it  withoiU  amendment. 

Mr.  BREESE,  from  the  same  Committee,  to  whom  was  re- 
ferred the  bill  from  the  House  of  Representatives  for  the  relief  of 
Benjamin  White,  reported  it  without  amendment. 

Mr  BALDWIN,  from  the  Committee  of  Claims,  to  whom  was 
referred  the  petition  of  D.  A.  Watterston,  submitted  a  report  ac- 
companied by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  BALDWIN,  from  the  same  Committee,  to  whom  was  re- 
ferred the  memorial  of  Columbus  Alexander  and  Theodore  Bar- 
nard, submitted  a  report  accompanied  by  a  bill  for  their  reliel. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  BADGER,  from  the  Committee  on  Naval  Affairs,  to 
whom  was  referred  the  memorial  of  David  Myerle,  submitted  a 
report  accompanied  by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  FELCH,  from  the  Committee  on  Pensions,  to  whom  was 
referred  the  petition  of  John  H.  White,  submitted  a  report  accom- 
panied by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  DOWNS,  from  the  Committee  on  Private  Land  Claims, 
to  whom  was  referred  the  petition  of  William  W.  Wall,  submitted 
a  report  accompanied  by  a  bill  for  the  relief  of  the  heirs  of  John 
Wall,  deceased. 

The  iiill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

■.!i ,  LUVV'NS,  from  the  same  committee,  to  whom  was  referred 
the  bill  from  the  House  of  Representatives,  lor  the  relief  of  Charles 
Capped,  reported  it  without  amendment. 

.1  SCHOOL    LANDS    IN    KLORID.\. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  concerning  school  lands  in  the  State  of  Flor- 
ida, reported  it  with  an  amendment. 

AMERICAN    HEMP    FOR    THE    USE    OF    THE    NAVY. 

Mr.  YULEE,  from  the  Committee  on  Naval  Affairs,  to  w-honi 
was  referred  the  joint  resolution  to  promote  the  purchase  of 
American  hemp  for  the  use  of  the  American  navy,  reported  it 
with  an  amendment,  so  as  to  read  as  follows  : 

lie  it  resolved,  f,-c.,  That  tlie  Secretary  of  the  Navy  Ikj,  and  he  is  herel)y  .niitlior- 
ized,  il'in  his  opinion,  it  witi  1h- atlvanta;;coiis  to  tlie  [nil)li(:  inlerrst-s.  I«  make  i;on- 
Iract-s  for  anv  term  not  exccechii;;  live  years.  H,r  tlie  jmreliave  (iC  .\metieaii  water- 
rotted  hemp Vortlic  useot'the  Unileil  S^lales  navy,  provided  tlie  same  ean  t)e  had  ot" 
er|ual  quality  with  the  best  i'oreiijn  hemp,  and  at  a  priee  not  esteediii;;  tlie  avera;:e 
priee  ot'such  hemp  Cor  the  last  five  year> — the  in*pe<tion  and  dilnerv  to  tie  at  tiie 
place  of  purchase. 

The  Senate  proceeded  to  consider  sa.d  joint  resolution,  as  in 
Committee  of  the  Whole;  and  the  amendineni  being  agreed  to,  it 
was  reported  to  the  Senate,  and  the  ameiidinciit  was  concurred  in. 


be    engrossed    and  read  a  third 


Ordered,  That  the  resolution 
time. 

EXAMINERS  IN  THE  PATENT  OFFICE. 

Mr.  WESTCOTT,  from  the  Committee  on  Patents  and  the  Pa- 
tent Office,  to  whom  was  referred  the  amendments  of  the  HouBe 
to  the  bill  of  the  Senate  to  provide  additional  examiners  in  the 
Patent  Office  and  for  other  purposes,  reported  thereon,  with  a  re- 
commendation that  the  Senate  disagree  to  the  amendments  of  the 
House. 

Mr.  WESTCOTT  asked  for  the  immediate  consideration  of  the 
amendments.  The  i|uestion  being  about  to  be  put  upon  concur- 
ring in  the  amendments — 

Mr.  TURNEY  said  he  hoped  the  question  would  be  divided  and 
taken  upon  the  first  amendment  separately.  He  believed  that  the 
salary  of  an  examiner  of  patents  was  now  some  fifteen  or  eighteen 
hundred  dollars,  and  he  knew  no  good  reason  why  it  should  bo 
raised  to  twenty- five  hundred.  He  thought  that  this  was  hardly  an 
appropriate  time  for  an  increase  of  salaries  when  the  country  was 
involved  in  war,  and  had  no  superabundance  of  revenue  to  dispose 
of.  He  thought  it  would  be  proper  to  concur  with  this  amendment 
to  strike  out  the  twenty-five  hundred  dollars. 

Mr.  WESTCOTT  remarked  that  all  the  members  of  the  com- 
mittee were  unanimous  in  disagreeing  to  the  amendments  of  the 
House,  with  the  exception  of  the  first  amendment,  and  a  majority 
of  the  committee  were  in  favor  of  disagreeing  to  that  amendment. 
The  bill  as  it  origin.iUy  passed  the  Senate,  he  said,  gave  to  each 
of  the  examiners  in  the  patent  office  a  salary  of  twenty-five  hun- 
dred dollars.  The  House  araeiidinent  proposed  to  reduce  it  to  two 
thousand.  The  fixing  of  the  salary  at  twenty-five  hundred  dol- 
lars was  on  consultation  with  the  commissioner,  and  those  having 
business  with  the  Patent  Office  considered  it  as  a  matter  of  the 
verv  first  importance,  as  we  are  obliged  to  have  men  of  the  bigh- 
cst'scientific  attainments,  and  who  are  aciiuainted  with  the  French 
and  German  languages.  The  Senate  will  perceive  the  necessity 
for  an  increas*  of' salary  when  I  state  the  fact,  that  within  the  last 
five  years  examiners  who  have  received  eighteen  hundred  dollars 
a  year,  finding  that  the  salary  was  not  adequate  to  the  service  re- 
quired, and  tiiat  they  could  make  twice  as  much  money  by  acting 
as  agents,  have  resigned  their  offices.  I  think  that  the  salary  pro- 
posed is  not  too  large,  and  I  will  mention  the  fact  that  the  money 
docs  not  come  out  of  the  treasury.  The  law  provides  that  it  shall 
be  taken  from  the  receipts  of  the  Patent  Office,  and  that  office  has 
already  a  fnnd  of  some  seventy  thousand  dollars.  I  hope  that  the 
Senate  will  concur  with  the  recommendation  of  the  committee, 
and  disagree  with  the  amendments  of  the  House. 

Mr.  DICKINSON. — This  is  simply  a  question  of  demand  and 
supply.  In  my  judgment  a  salary  of  twenty-five  hundred  dollars 
is  necessary,  for  the  reason  that  you  cannot  get  competent  men  for 
a  smaller  salary.  The  office  cannot  be  filled  by  mere  politicians 
or  mere  clerks.  The  gentleman  filling  that  office  must  be  an  en- 
eyclopffidia  of  science,  and  though  he  may  not  be  required  to  eon- 
verse  fiuently  in  German  and  in  French,  it  is  necessary  that 
he  should  be  able  to  read  those  languages,  because  he  is  re- 
quired to  consult  scientific  works  in  the  German  and  French 
languages,  in  order  to  determine  whether  an  invention  pre- 
sented, is  a  new  one.  And  he  must  be  acquainted  with  che- 
mistry, in  all  its  details;  in  short,  he  must  be  qualified  lor  one 
of  the  most  learned  professorships  in  our  institutions  of  learn- 
ing. Now,  you  cannot  get  men  possessing  these  qualifications,  lor 
less  than  twenty-five  hundred  dollars  a  year.  The  number  of  such 
men  is  eomptvrativcly  small;  the  demand  is  greater  than  the  sup- 
ply. You  can  get  men  to  take  the  office  for  one  thousand  dollars 
a  year;  but  you  cannot  get  men  who  are  qualified  to  discharge  the 
duties  for  that  sum.  I  tun  not  for  high  salaries  generally,  but  this 
is  one  of  those  cases  which  require  liberal  salaries. 

Mr.  JOHNSON,  of  Louisiana. — I  do  not  know  that  I  under- 
stand tbc  purpose  of  this  amendment. 

Mr.  WESTCOTT. — The  bdl  originally  proposed  to  give  twen- 
ty-five hundred  dollars  a  year  to  the  examiners  of  the  Patent  Office. 
The  House  struck  out  twenty-five  hundred  and  inserted  two  thou- 
sand. The  committee  proposes  to  disagree  with  this  amendment 
i)f  the  House. 

Mr.  JOHNSON.— Well,  I  hope  the  Senate  will  disagree  to  the 
amendineiit.  A  salary  of  twenty-five  hundred  dollars  is  quite  a 
low  one.  The  duties  are  laborious,  and  thi>y  require  men  of  high 
scientific  atlaininents.  1  think  that  the  examiners  should  have  a 
hio'her  salary  than  the  Commissioner,  as  they  have  the  whole  of 
the  labor  to  ptrCorm.  I  hope  that  the  Senate  will  disagree  with 
the  ftmcndiucnt. 


March  20.  | 


THE  FRANKING  PRIVILEGE. 


379 


Mr.  TURNEY. — Before  the  question  is  taken,  I  desire  to  say 
a  single  word. 

Mr.  ATHERTON.— As  I  perceive  thiit  the  ilehate  upon  this 
bill  is  likely  to  continue,  I  wonld  like  to  have  it  laid  over  until  to- 
morrow, for  it  is  very  desirable  that  the  Senate  should  proceed 
with  the  consideration  of  the  bill  making  appropriations  to  supply 
the  deficiencies  for  the  current  fiscal  year. 

On  motion  by  Mr.  ATHERTON  it  was, 

Ordered,  That  the  further  consideration  thereof  be  postponed  un- 
til to-morrow. 

THE    FRANKING  PRIVILEGE. 

Agreeably  to  notice,  Mr.  BADGER  asked  and  obtained  leave 
to  bring  in  a  bill  to  declare  the  true  intent  and  meaning,  so  far  as 
respects  the  franking  privilege  of  members  of  Congress,  of  the 
act  approved  the  first  of  March,  1S47,  and  of  the  act  entitled  -'An 
act  to  reduce  the  rates  of  postage,  to  limit  the  use  and  correct  the 
abuse  of  the  franking  privilese  ;  and  for  the  prevention  of  frauds 
on  the  Post  Office  Department,''  passed  the  third  of  March,  184.')  ; 
and  for  other  purposes. 

The  bill  having  been  read  the  first  and  second  times,  by  unani- 
raous  consent —  ^ 

Mr.  BADGER.— I  shall  move  a  reference  of  this  bill  to  the  Com- 
mittee on  the  Post  Olfiee  and  Post  Roads;  but  before  the  question 
is  put,  I  desire  to  occupy  the  attention  of  the  Senate  for  a  few  mo- 
ments, and  particLdarly  to  call  the  attention  of  my  friend,  the  chair- 
man of  that  Committee,  to  one  or  two  observations  regarding  the 
purposes  nitended  to  be  accomplished  by  the  bill,  and  the  present  state 
of  the  law  to  which  it  relates.  It  will  be  found  by  referring  to  the  act 
passed  on  the  3d  of  March    1845,  '  ■  to  reduce  the  rates  of  postage ," 
&e.  that  Congress  at  that  time  adopted  an  entirely  new  system, 
with  regard  to  the  franking  privilege  and  placed  it  in  the  main  upon 
different  grounds  from  those  which  it  previously  occupied.     The  act 
of  1845  seems  to  be  designed  as  a  substitute  for  the  former  law 
upon  the  subject,and  by  implication  to  repeal  it,and  this  implication 
is  strengthened  by  the  fact   that  the   latter  law  expressly  .saves 
from    repeal   certain  portions   of  the   former        It    will   be   found 
upon  looking  at  the  act  of  1845,  that  the  eighth  section  of  it  grants 
to  members  of  the  Senate  and  House  of  Representatives,  delegates 
from  territories.  &e.  the  right   to  send  and  receive  free  of  postage 
"any  letter,  newspaper,  or  packet''  not  exceeding  two  ounces  in 
weight,  durmg    each   session  of  Congress,  and  for  thirty  days  be- 
forehand after.     The  same  section  declares  that  they  shall  have  the 
right  "to  frank  written  letters  from  themselves  during   the  whole 
year,  as  now  authorized  by  law."     It  is  therefore  dear  and  beyond 
controver.sy,  that  according  to  the  provisions  of  the  law  of  1S45, 
the  f^i-anking   privilege  of  members  of  the  two   houses  during  the 
session  of  Congress,  and  for   thirty  days  before  and   after,  consists 
in  the  power  to  send  and  receive  free  of  postage,  any  letter,  news- 
paper, or  package,  and  that   it  is   i  erfectly  inuuaterial   by  whom 
directed,  to  whom  addressed,  or  by  whom  written.     There  is  but 
one  single   epialincation,  that  ihe  letter,  newspaper,  or   package, 
shall  not  exceed   two  ounces  in  weight.     If  there   could  be  any 
doubt   in  regard  to  the  terms  embraced  in  this  part  of  the  section, 
that  donbt  is  removed  by  the  clear  distinction  that  is  taken  between 
this  franking  privilege,  during  the  sessions  of  Congress,  and  thirty 
days  before  and  after,  and  the  franking  privilege  given  for  t|je  res- 
idue of  the  year,  which  is  confined  to  written  letters  from  them- 
selves.    It  is  clear  therefore  that  the    act  contemplated  and  de- 
clared that  during   the  sessions,  members  of  this  house   and  the 
other  should  have  the   right  to  frank   any  letter,  any  newspaper, 
any  package  written  or  printed,  no   matter   whether  it  was  com- 
posed of  paper  or  muslin,  no  matter  by  whom  directed,  bv  whom 
signed,  with   no   exception,  but  the   single  qualification,  that  the 
letter,  newspaper,  or   package  should  not  exceed   two  ounces  in 
weight.     Now  I  apprehend  there  might  have  been   in  the  minds  of 
Congress,  reasons  lor  making  this  discrimination,  and  for  the  con- 
fining the  franking  privilege  during  the  residue  of  the  year  to  writ- 
ten letters  from  themselves.     WJiatcvcr  might  have  been  the  rea- 
son, or  whether  there  was  any,  the  distinction  is  clearly    made. — 
Then,   sir,  at   the  last   session,  we  passed  an  Jet  which  was  re- 
ported by  my  friend  the  chairman  of  the    Committee  on   the  Post 
Office  and  Post  Roads,  eontainmg  this   provision,  that    members 
of  Congress  shall  have  power  to  receive,  as  well  as  to  send — -for  it 
will  be  oljscrved  that  under  the  act  of '45  they  had  only  the  right  to 
send  their  own  letters  in  the  intervening  time  between  the  sessions, 
that  they  shall  have  a  right  to  receive  as  well  as  to  send  all  letters 
and  packages  not  weighing  over  two  ounces  free  of  postage,  up  to 
the  1st   Monday   of  December   following   the   expiration  of  their 
term  of  office.     Now,  sir,  as  far  as  I    am    able    to   perceive,  it  is 
not  only  probable — not  only  highly  reasonable— but  it  is  absolutely 
certain  that  as  the  law  now  stand.^,  the  iVanking  privdegc  to  mem- 
bers of  Congress  is  subject  to  but  onerestriction;  that  is,  that  the 
letter,  newspaper,  or  package,  shall   not    exceed    two   ounces    fti 
weight.     Well,  sir,  we  are  all  aware  that,  recently,  by  some  reg- 
ulations, a  discrimination  has  been  made  between  packets   put  up 
in  coarse  envelopes,  and  which  are    not   supposed    to    be   letters, 
and     those    which     are    put   up    in    fine    envelopes,    which    are 
supposed    to    be  letters;    and  in  the  latter   case,    it   is    required 
that    the    address,    shall    be  in    the   same   hand    as    the  frank, 
or    else    the  postmaster   is    directed   to   disregard  the  frank  and 
charge   postage.      This    I    consider  to  be  simply    a    gratuitous 
distinction,  adopted  without  any  appearance  of  reason  or  propri- 
ety.    The  bill,  therefore.  which'I  have  the  honor  to  submit  to  the 


Senate,  is  intended,  in  the  first  place,  to  declare,  so  as  to  put  it 
beyond  the  possibility  of  doubt  or  cavil,  what  is  the  law  on  the 
subject;  not  to  enlarge  or  alter  the  franking  privilege,  but  simply  to 
declare  it.  I  have  brought  the  subject  forward,  sir,  because  I  de- 
sire to  have  the  judgment  of  the  Senate  upon  it.  I  feel  that  mem- 
bers of  this  body  are  as  much  entitled  to  trust  and  confidence  as 
any  man  in  the  Executive  departments.  We  are  personally  respon- 
sible to  our  constituents  for  the  abuse  of  our  privileges;  and  we 
should  not  permit  ourselves  to  be  responsible  to  any  executive  offi- 
cer whatever.  If  the  rule  requiring  the  address  to  be  in  the  same 
hand  as  the  frank  applies  to  letters,  why  is  it  not  applied  to  doc- 
uments also? — the  laws  making  no  dilTcrcncc  between  them.  The 
construction  will,  perhaps,  affect  me  as  little  as  it  will  any  member. 
I  have  always  endeavored  to  avoid  putting  myself  or  my  friends  in 
the  power  of  any  such  capricious  construction  of  the  law  relating 
to  the  franking  privilege.  I  have  directed  every  letter  and  docu- 
ment I  have  sent,  at  whatever  trouble  and  inconveniencee  to  my- 
self. 

The  bill  was  accordingly  referred  to  the  Committee  on  the  Post 
Office  and  Post  Roads. 

FEES    IN   UNITED    STATES    COURTS. 

Agreeably  to  notice,  Mr.  ASHLEY  asfced  and  obtained  leave 
to  bring  in  a  bill  to  regulate  the  fees  and  costs  to  be  allowed 
Clerks,  Marshals  and  Attorneys  of  the  Circuit  and  District  Courts 
of  the  United  States,  and  for  other  purposes  ;  which  was  read  the 
first  and  second  times  by  unanimous  consent,  and  referred  to  the 
Committee  on  the  Judiciary. 

MESSAGE    FROM    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  clerk  : 

Mr.  Piesident :  The  Sjieaker  of  llie  Hon>e  of  Rt'prt^s'inlalives  having  signed  an  en- 
rolled bill  for  the  relief  of  the  heirs  of  John  PanI  Jon.-s,  I  am  directed  to  bring  it  lo 
the  Senate  for  the  signature  of  their  President. 

SIGNING  OF  A  BILL. 

The  VICE  PRESIDENT  signed  the  enrolled  bill  for  the  relief 
of  the  heirs  of  John  Paul  Jones 

DKFICIINCT  BILL. 

On  motion  by  Mr.  ATHERTON,  the  prior  orders  were  post- 
poned, and  the  Senate  resumed  the  consideration,  as  in  Committea 
of  the  Whole,  of  the  bill  from  the  House  of  Representatives  fur- 
ther to  supply  deficiences  in  the  appropriations  for  the  service  of 
the  fiscal  year  ending  the  30lh  June,  184S. 

The  question  pending  being  upon  agreeing  to  the  amendment 
proposed  by  Mr.  Benton,  to  strike  out  the  words  "the  Papal 
States,"  in  line  84,  and  after  "Ecuador,"  in  line  86,  insert  "and 
for  a  minister  plenipotentiary  to  the  Papal  States,'' and  strike  out 
"twenty-two"  and  insert  "thirty-one" — 

Mr.  HALE. — I  desire  to  ask  the  chairman  of  the  committee 
from  which  this  bill  was  reported,  why  this  item  is  inserted 
among  deficiencies  of  appropriations  for  the  past  year  ? 

Mr.  ATHERTON.— The  fiscal  year  has  not  yet  expired,  and 
the  object  is,  I  suppose,  to  send  the  charge  d'aflairs,  or  minister, 
whichever  he  may  be,  before  the  conclusion  of  the  year. 

Mr.  HANNEGAN.— If  I  understand  the  effect  of  this  amend- 
ment, it  is  to  change  the  nature  of  the  mission  to  Rome,  from 
charge  d'afFairs,  to  minister  plenipotentiary.  I  would  suo-<Test  to 
those  who  are  in  favor  of  this  amendment,  whether  it  would^not  be 
better  policy,  instead  of  making  this  embassy  a  lull  one,  to  substi- 
tute a  minister  resident.  We  might,  it  seems  to  me,  more  prop- 
erly send  to  Rome  a  minister  resident  with  a  salary  such  as  that 
which  is  paid  to  our  resident  minister  at  Constantinople,  and  our 
minister  in  China.  A  minister  resident  has  this  advantage  over  a 
charge  d'aflfairs,  that  whdst  the  charge  cannot  approach  the  sov- 
ereign, the  minister  resident  can.  The  Senator  irom  Missouri 
stated  the  other  day,  that  one  object  in  making  this  a  full  mission 
was,  that  it  might  ultimately  absorb  all  the  missions,  or  charge- 
ships  to  the  Italian  states.  Now  we  have  a  very  considerable  com- 
merce wiih  the'Italian  states,  and  in  that  commerce,  American 
shipping  is  principally  employed.  In  the  dominions  of  Austria — 
a  country  which  contains  upwards  of  thirty  millions  of  people,  we 
have  but  a  charge  d'affairs.  We  have  nothing  but  a  charge  in 
Portugal,  and  the  same  in  Belgium.  We  have  considerable  com- 
merce with  these  countries,  and  it  is  all  in  our  favor.  The 
temporal  power  of  the  Pope  is  very  limited,  and  of^  course,  as 
correctly  stated  by  the  Senator  from  North  Carolina,  it  is  only  in 
the  character  of  a  temporal  prince,  that  a  diplomatic  agent  could 
be  sent  by  us   to  the    sovereign  Pom  iff 

In  making  this  suggestion,  I  wish  it  to  be  understood,  that  Iain 
incapable  of  being  governed  by  any  thing  like  religious  or  secta- 
rian feelings.  Surely  I  entertain  no  prejudice  against  the  Catho- 
lic religion,  when,  on  the  contrary,  I  regard  it  with  the  higheit 
veneration,  looking  upon  it  as  I  do,  as  the  casket  which  held 
through  many  a  long  age  of  persecution  and  blood,  the  gem  of  the 
Christian  faith — holding  as  I  do,  too,  sir,  in  tlie  highest  possible 
reverence,  the  character  of  the  present  Pontiff,  Pius  the  Ninth.  It 
has  been  said  by  the  distinguished  Senator  from  Missouri,  who 
made  some  very  eloquent  and  appropriate  remarks  upon  this  sub- 
ject the  other  day,  that  it  would  be  becoming  in  us  to  send  a  full 
minister  to  Rome, which  was  surrounded  by  such  grand  associations. 
I  put  this  question,  however,  upon  principle,  and  there  is  another 


380 


DEFICIENCY  BILL. 


[Mo? 


power  which  has,  I  think,  stronger  claims  to  a  full  embassy.  I  allude 
to  Switzerland,  where  now  in  some  of  the  Cantons  exists  the  only 
pure  dfiuocracy  which  is  now  to  be  found  on  the  face  of  Europe. 
It  would  be  a  higher  compliment  to  our  own  people — to  our  own 
institutions — to  send  an  embassy  to  Switzerland.  Ancient  Rome, 
and  modern  Rome,  are  essentially  different.  It  is  true,  that  as 
the  Senator  says,  Rome  still  stands  upon  the  banks  of  the  Titer, 
yet  modern  Rome  does  not  occupy  the  site  of  that  Rome  of  the 
elder  ages  of  the  world,  which  must  ever  possess  the  higliest  in- 
terest to  the  imagination  and  feelings.  The  modern  city  occupies 
the  opposite  bank,  and  is  separated  by  the  classic  stream  from  the 
soil  on  which  the  Coliseum  and  the  Pantheon  stood.  All  is  now 
a  ''  marble  wilderness,"  where  Tully  once  "  launched  bis  moral 
thunders  on  the  subject  soul;"  and  wln-re  the  accursed  steel  of  the 
assassin  Brutus,  struck  at  the  heart  of  Cfesar.  But,  sir,  these 
are  not  considerations  which  arc  now  to  weigh  with  us. 

I  submit  to  the  Senate  as  a  question  of  expediency,  what  must 
be  the  effect  upon  Belgium,  Portugal,  Austria,  and  the  other 
Italian  states  if  we  send  a  lull  embassy  to  Rome  ?  For  we  all 
know,  whatever  maybe  the  progress  of  liberal  principles,  in  Italy, 
at  this  moment,  the  most  despotic  governments  that  ever  existed, 
have  inevailed  there  for  the  last  five  hundred  years. 

Mr.  MANGUM. — Do  I  understand  the  Senator  as  offering  an 
amendment. 

Mr.  HANNEGAN. — I  propose  to  strike  out  what  relates  to  the 
mission  to  the  Papal  states,  and  substitute  a  section  providing  for 
a  minister  resident. 

PRESIDING  OFFICER.— The  Senators  object  can  be  accom- 
plished by  striking  out  "plenipotentiary"  and  inserting  "resident," 
and  striking  out  "thirty  one"  and  insertmg  '-twenty  eight." 

The  ([uestion  being  taken  upon  this  amendment  to  the  amend- 
ment it  was  disagreed  to  on  a  division,  Ayes  12,  Noes  19.  The 
question  recurring  on  the  amendment  of  the  Senator  from  Mis- 
souri— 

Mr.  HANNEGAN  demanded  the  yeas  and  nays. 

PRESIDING  OFFICER.— They  were  ordered  at  a  a  former 
day. 

Mr.  CLAYTON. — This  bill  came  to  us  from  the  House  proposing 
to  sen»l  a  Charge  d'Alluircs  to  the  Papal  stales.  The  Committee  on 
Finance  to  which  the  bill  was  referred,  has  repoted  the  bill  as  it 
came  from  the  House  without  amendments,  thus  recommending  the 
establishment  of  this  i  nv  mission.  Such  was  the  judgment  of  the 
commii  tee  of  which  I  \>  as  a  member.  I  concurred  in  the  report,  and 
I  see  no  reason  whatever  to  change  it.  It  seems  to  me,  sir,  to  be 
admitted  on  all  hand»,  that  there  is  nothing  in  the  commercial  re- 
lations between  the  two  countries  to  justify  any  mission  whatever, 
but  in  my  judgment,  there  is  enough  connection  between  the  social 
and  political  "relations  of  the  countries,  to  authorize  it.  I  have 
been  willing  therefore  to  establish  this  mission  of  a  charge  to  the 
Pap.al  states,  but  it  does  seem  to  me  that  there  is  serious  objec- 
tion to  going  further.  Austria  is  a  country  with  thirty  eight  mil- 
lions of  people  with  whom  we  have  extensive  commercial  relations, 
and  we  send  to  them  only  a  charge  d'affaires.  We  have  also  ex- 
tensive commercial  relations  with  some  other  of  the  Italian  states, 
with  Portugal,  with  Sweden,  with  Denmark,  and  to  all  these  we 
send  only  a  charge  d'affaires.  I  cannot  perceive,  sir,  the  necessity 
therefore  of  going  beyond  that  grade  of  ministers  which  we  are  ac- 
customed to  send  to  ilicse  states.  I  am  perfectly  willing,  sir,  to 
mark  by  my  vote  the  .sympathy  that  is  felt  by  the  people  of  this 
country,  for  the  liberality  of  the  opinions  of  Pope  Pius  the  IX. 
I  am  perfectly  willing  to  go  thus  far,  and  in  my  opinion  all  that 
ought  to  be  asked  of  us  is  to  place  these  sta'es  upon  the  same 
looting  with  the  ureat  empire  of  Austria,  the  second  and  most  po- 
pulous of  all  the  states  of  Europe.  And  honorable  Senators  will 
bear  it  in  mind,  that  if  we  proceed  to  make  a  full  mission  now  to 
the  Papal  states,  we  may  excite  bad  feelings  among  the  other 
states  whose  commercial  relations  with  us  arc  vastly  more  exten- 
sive, than  those  of  fiie  Papal  states  can  be,  and  to  which  we  now 
s^nd,  and  shall  probably  continue  to  send  charges  d'affaires.  I  am 
therefore  opposed  t«)  the  amendment,  and  shall  support  the  bill  as  it 
was  sent  to  us  from  the  house,  and  as  reported  by  the  committee 
on  Finance. 

Mr.  NILES. — This  is  only  one  of  the  missions  that  are  provided 
for  in  this  liill;  there  arc  three  others,  making  altogether  four 
missions  to  be  provided  for.  As  to  the  policy  which  has  led  to  this 
measure,  it  certainly  cannot  be  owing  to  the  surplus  of  funds  in 
our  treasury.  There  are,  however,  four  missions  to  be  created — 
one  to  Guatimala,  one  to  the  Republic  of  Bolivia,  and  one  to  Ecu- 
ador. Two  of  these,  I  believe,  have  little  or  no  commerce  with 
us,  and  whether  the  mission  be  political  or  commercial — what  con- 
siderations are  to  recommend  theui  to  the  favtn-able  action  of  the 
Senate,  I  am  not  pre|)ared  to  say.  If  1  believed  that  they  were  com- 
mercial, llnit  they  were  calculated  in  the  least  degree  to  jiromote 
or  extend  our  commerce,  I  should  be  in  favor  of  their  establish- 
ment. But  I  believe  there  is  no  people  on  the  whole  earth,  as 
comiticrcial  as  wo  are,  whose  commercial  interests  are  so  little 
aided  by  the  government  as  those  of  the  United  States.  I  believe  it 
will  be  our  true  policy,  and  I  have  long  thought  so,  to  furnish  to  the 
different  countries  of  this  hemisphere  commercial  agcnis;  for  I  be- 
lieve that  our  commercial  interests  have  been  shamefully  neglected. 
Our  trade  has  been  declining  from  year  to  year,  with  many  of 


those  countries.  One  of  the  countries  upon  this  hemisphere  with 
which  we  have  held  diplomatic  relations^I  mean  the  republic  of 
New  Grenada — we  have  so  neglected — for  although  we  have 
had  a  charge  d'affaires  there  for  years — be  has  neglected  his  duty. 
We  have  no  treaty  with  that  government,  and  those  who  have  no 
treaty  with  them,  have  to  pay  twenty  per  cent,  upon  their  whole 
trade,  which  in  our  case  amounted  about  ten  millions  of  dollars; 
and  the  consequence  has  been  the  throwing  of  all  this  into  the 
hands  of  our  rivals,  the  British.  Two  vessels  from  the  port  of 
New  York  carried  on  a  trade  with  that  country  for  years,  under 
the  fl.ag  of  Great  Britain — a  sort  of  smuggling  trade.  So  entirely 
was  this  matter  neglected,  that  our  commerce  with  that  country 
ceased  altogether. 

Now,  1  should  like  to  know,  if  I  could,  how  these  missions  are 
to  be  carried  out  ?  How  the  law  is  to  be  executed  ?  Whether 
men  qu  ilified  and  prepared  for  the  duties  which  they  are  required 
to  perform  are  to  be  sent  there  to  make  themselves  useful  to  our 
commerce,  or  whether  men  will  be  sent  who  neither  know  what 
their  duties  are,  nor  care  whether  they  are  performed — mere  poli- 
ticians, stnmp  orators,  who  are  to  be  rewarded  with  places  for 
political  services.  It  would  be  throwing  so  much  money  away, 
and  I  should  be  disposed  to  go  against  the  whole  of  these  missions; 
but  believing  that  the  interests  of  this  country  will  fully  justify  the 
attempt  to  send  missions  into  these  countries,  I  shall  vote  for  the 
bill,  though  at  the  same  time  not  without  very  great  doubt  that  it 
will  be  money  thrown  away.  But  in  regard  to  the  mission  to  the 
Papal  States,  I  must  say  that  I  do  not  see  any  sufficient  reason 
for  sending  an  agent  there  above  the  second  grade.  It  seems  to 
me  that  is  going  far  enough  to  begin  with,  and  if  our  interests 
there  should  hereafter  render  it  necessary  to  have  a  diplomatic 
agent  of  a  higher  irrade.  such  a  mission  can  be  provided  for.  Here- 
tofore it  has  net  been  deemed  necessary  to  maintain  political  rela- 
tions at  all  with  those  States,  and  it  seems  to  me  that  an  agent  of 
the  second  grade  is  high  enough  to  begin  with,  I  do  not  think 
that  his  Holiness,  the  Pope,  has  any  great  claim  upon  this  coun- 
try  in  any  view.  The  country  is  a  small  one,  and  there  are  larger 
in  which  we  have  more  important  interests,  and  in  which  are 
nothing  more  than  charges  d'affaires.  I  shall  vote  for  these  mis- 
sions of  the  second  grade ,  and  I  shall  do  it  with  vei-y  great  doubts 
that  the  money  will  be  thrown  away. 

Mr.  DAVIS,  of  Massachusetts. — I  was  in  hopes  that  my  friend 
from  Counecticut,  after  making  a  speech  against  this  item  of  the  bill, 
would  have  moved  to  strike  it  out  ;  but  I  understand  him  to  say 
that  he  will  vote  for  it.  I  do  not  know  that  I  am  prepared  to  say 
that  the  item  ought  to  be  stricken  out.  I  am  prepared  to  say, 
however,  that  it  demands  some  explanation  at  the  hands  of  those 
who  bring  it  before  us.  What  is  this  bill  ?  It  is  not  one  of  the 
regular  appropriation  bills.  It  is  a  bill  for  supplying  the  deficien- 
cies of  appropriations  for  the  fiscal  yeai .  Four  missions  then 
were  forgotten  in  the  general  appropriation  bills.  Four  missions 
were  left  unattended  to  by  those  who  made  the  estimates  for  the 
year,  and  by  us  who  looked  into  the  subject.  Now,  sir,  the  title  of 
this  bill  is  probably  a  misnomer.  This  is  a  creation  of  four  new  mis- 
sions at  the  places  which  are  named  in  the  item  which  is  under  con- 
sideration. And  now  we  are  not  quite  content  it  appears  to  have 
these  chargeships  filled  ;  we  are  not  satisfied  to  establish  the  second 
grade  of  missions,  but  there  is  now  a  motion  before  us  to  raise  one 
of  them  to  the  rank  of  minister  plenipotentiary.  And  for  what 
purpose  ?  A  minister  to  the  Papal  States  !  To  what  end  1  Why, 
I  think  it  is  sufficiently  obvious  from  what  has  been  said,  that  it  is 
a  mere  con,plimentarv  thing.  It  is  well  understood  that  there  is 
no  commerce,  no  traje  or  intercourse  with  those  States  which  de- 
mand, as  a  matter  of  business,  any  notice  at  all.  Will  you  send 
out  a  mission  which  is  a  mere  complimentary  mission  ?  The  ob- 
jection  I  have  to  it  is,  in  the  first  place,  that  a  compliment  of  that 
nature  is  wholly  unnecessary.  It  is  not  demanded  by  any  circum- 
stances which  exist ,  and  it  is  introducing  decidedly  a  bad  prece- 
dent. There  is  a  constant  eflbrt  made  to  raise  the  grade  of  our 
foreign  ministers  every  where.  I  think  it  was  only  at  the  last 
session  that  we  had  laid  upon  our  table,  a  long  argument  by  some- 
body in  which  the  writer  attempted  to  prove  that  the  interests  of 
this  country  were  sacrificed  in  reducing  the  mission  to  Austria 
fc-om  a  plenipotentiary  to  a  charges  d'  affaires,  and  we  were  called 
upon  to  restore  the  mission  to  its  former  rank.  The  arguments 
however  failed  to  prevail,  and  our  minister  remained  there  in  his 
new  capacity,  although,  I  believe,  a  threat  had  been  thrown  out 
that  he  would  resign. 

Now  what  I  desire  to  know  is,  how  any  such  emergency  has 
sprung  up  at  this  time,  as  to  make  it  ncc^essary  to  introduce  here 
four  new  missions  to  foreign  governments.  I  desire  to  know,  sir, 
whether  there  be  anvihing  new  in  the  relations  between  us  and  the 
countries  nameil,  anything  that  has  occurred  since  we  were  last 
together,  to  make  it  necessary  to  legislate  in  this  special  way  upon 
Ibis  subject.  I  should  he  very  thankful  to  the  cliairman  of  the 
committee  for  a  little  information  upon  several  other  points  in  this 
1^11.  I  should  be  glad  to  know  whv  it  becomes  necessary  to  legis- 
late to  such  an  extent,  as  this  bill  seems  to  imply,  to  supply  defi- 
ciencies— in  other  words,  how  it  happens  that  the  estimates  which 
were  made  to  carry  us  tlirough  the  year,  when  we  were  together 
at  the  last  session,  happened  to  prove  so  utterly  inadequate  for  the 
objects  lor  which  they  were  intended?  I  should  be  glad  to  know 
how  it  happened  ?  1  can  remember  very  well  that  it  was  said  on 
this  floor  when  those  eslimalcs  were  under  discussion,  that  they 
were  inadequate,  that  they  would  not  carry  the  government  througn 
the  year,  from  the  30th  June,  to  the  30th  June,  but  that  you 
would  come  hero  and  demand  further  ajipropriations  in  order  to 


March  20.] 


THE  MISSION  TO  ROME. 


381 


meet  the  ordinary  expenditures.  I  would  be  glad  to  know  how  it 
happens  that  the  officers  of  the  government,  whose  duty  it  is  to 
make  the  estimates — are  always  under  such  a  great  misapprehen- 
sion in  reo-ard  to  the  expenditures  of  particular  departments  of  the 
govcrnme°u.  We  have  a  deficiency  for  example,  in  one  Irranch  of 
the  army  expenditures,  of  five  millions  of  dollars,  and  in  another 
of  three  or  four  millions.  I  would  he  glad  to  know  how  it  happens 
that  the  estimates  of  a  department  where  the  husiness  is  so  well 
understood,  as  in  the  Navy  Department,  can  be  so  inaccurate  as 
to  fall  short  some  eight  or  ten  thousand  dollars,  for  the  pay  of 
the  clerks  in  that  department.  I  find  in  this  hill  under  the  head  of 
the  army  in  the  Quartermaster's  department,  an  additional  appro- 
pi|Ltion  of  five  millo  is  of  dollars,  to  carry  out  tie  operations  of 
that  single  depai  tuient  of  the  army.  I  find  also  in  the  department  of 
clothing  and  subsistence  three  millions  more  arc  required  to  meet 
the  expenditures  of  that  department.  I  will  not  go  into  an  ex- 
amination of  the  various  items  of  this  bill,  but  I  should  he  glad  to 
hear  from  the  chairman  of  the  committee  some  explanation,  and  I 
should  be  glad  to  hear  him  state  the  amount  of  money  which  is 
proposed  to  be  appropriated  by  this  bdl  as  it  came  from  the  House, 
and  also  the  amount  which  it  is  proposed  to  add  by  the  amendments 
which  are  to  be  inserted  here. 

Mr.  ATHERTON. — The  amount  appropriated  by  the  bill  as  it 
came  from  the  House  I  believe  is  a  little  over  thirteen  millions  of 
dollars. 

Mr.  CLAYTON. — I  make  it  over  fourteen  millions. 

Mr.  ATHERTON. — I  believe  it  will  be  found  that  the  bill  as  it 
came  from  the  House  appropriates  for  the  current  fiscal  year 
$13,237,166  98.  There  has  been  an  appropriation  already  passed 
at  the  present  session  for  the  subsistence  in  kind  of  the  regular 
army  and  the  volunteers  of  one  million  of  dollars,  which  makes 
the  sum  for  deficiency  in  the  whole  over  fourteen  millions.  As 
it  regards  the  reason  why  the  additional  appropriations  are 
required,  I  can  only  say  that  they  arose  probably  from  the  mil- 
itary operations  costing  more  in  some  instances  than  they  were 
expected  to  cost,  from  a  larger  number  of  troops  having  been 
called  out  and  from  the  military  operations  having  been  more 
extensive  than  was  anticipated  when  the  original  estiinates  were 
sent  in;  but  all  the  estimates  which  are  contained  in  this  bill,  w'ith 
the  addition  of  a  few  slight  amendments  were  contained  in  the 
letter  of  the  Secretary  which  was  sent  to  the  Senate  at  the  com- 
mencement of  the  session,  with  the  exception  of  tiie  four  millions 
which  1  have  mentioned 

Mr.  HALE. — I  do  not  know  that  I  should  make  any  remarks  at 
all  upon  this  amendment,  as  I  intend  to  vote  against  the  whole 
bill,  on  the  ground  that  it  contains  appropriations  for  the  prose- 
cution of  the  war  in  Mexico.  But  I  beg  to  call  the  attention  of 
the  chairman  of  the  Finance  Committee  to  the  rather  singular 
fact,  that  our  expenditures  have  become  so  enormous,  that  a  few 
"mistakes"  In  the  calculations  of  the  Treasury  Department — a 
few  mere  slips  of  the  pen,  involve  a  larger  amount  than  the  whole 
annual  expenditure  during  the  administration  of  General  Jackson. 
Then  I  believe  the  annual  expenditure  was  about  fourteen  millions, 
and  here  we  have  a  bill  lor  supplying  mere  deficiencies  which 
oaljs  for  nearly  sixteen  millions  ! 

Mr.  ATHERTON. — If  the  gentleman  will  spare  me  one  mo- 
ment, I  would  beg  to  remind  him,  that  in  the  House  a  clause  was 
added  to  the  bill  appropriating  $800,000  for  the  service  of  the 
next  year,  which  has  nothing  to  do  with  the  supply  of  the  defi- 
ciency in  the  current  year. 

Mr.  HALE.— Why,  that  is  a  very  small  matter  indeed,  when 
our  expenses  are  a  hundred  millions  annually!  It  appears,  how- 
ever, makinif  the  deduction  which  is  now  suggested,  that  accord- 
ing to  the  report  of  the  Secretary  of  the  Treasury,  the  appropria- 
tions last  year  amounted  to  fifty-five  millions,  and  that  he  ex- 
panded fifty-nine  millions;  so  that  adding  the  amount  involved  in 
the  present  bill,  the  whole  sum  will  be  about  seventy  millions  of 
dollars.  Now,  sir,  during  the  last  war  with  Great  Britain,  when 
we  -were  fighting  her  on  all  our  coasts,  and  our  navy  was  gaining 
laurels  on  every  sea  on  which  we  had  comraeroe  to  be  assailed 
and  protected,  our  expenditure  was  only  thirty-two  millions. 

Mr.  ATHERTON.— The  Senator  is  mistaken  as  to  one  fact. 
This  deficiency  of  ten  millions  is  included  in  the  estimate  of  ex- 
penditures of  the  current  year,  so  that  there  are  only  four  millions 
to  be  added,  making  the  annual  expenditure  sixty  millions. 

Mr.  HALE. — I  have  the  documents  before  me.  I  see  by  the 
report  of  the  Secretary  of  the  Treasury,  that  the  appropriations 
of  last  year  amonnted  to  fifty-five  millions;  and  here  is  an  addition 
of  fifteen  millions  more,  not  going  into  the  estimates,  but  to  sup- 
ply deficiencies.     Am  I  not  right  ? 

Mr.  ATHERTON.— Does  the  Senator  mean  for  the  current 
fiscal  year '? 

Mr.  HALE.— The  year  ending  30th  June. 

Mr.  ATHERTON. — In  order  to  get  at  the  amount  of  the  ex- 
penditures for  this  year,  the  appropriations  for  the  Post  OtTice 
Department,  and  the  deficiencies  of  last  year  must  be  deducted; 
and  I  believe  the  Senator  will  find  that  the  result  is  as  I  have 
stated,  about  sixty  millions. 

Mr.  HALE.— I  have  not  gone  into  the  details  of  this  matter, 
but  I  have  calculated  the  amount  as  I  read  the  document.     I  wish, 


however,  to  call  the  attention  of  the  Senate  and  the  country  to  the 
fact  that  while  it  cost  us  about  thirty  millions  a  year  to  fight  the 
most  powerful  nation  on  earth,  along  our  whole  coast  froni  East- 
port  to  New  Orleans,  and  whilst  our  na\'y  was  victoriously  en- 
gaged on  every  ocean  where  there  was  Arneriean  commerce  to  be 
protected,  even  in  the  harbors  of  South  America  ;  it  now  costs  us 
seventy  millions  of  dollars,  or  sixty  millions  accordin"-  to  the  ex- 
planation now  given,  to  carry  on  this  war  with  Mexicir;  and  that 
the  appropriations  are  increasing  as  has  been  insisted  on  by  the 
Senator  from  Connecticut.  I  merely  mention  this  as  a  somewhat 
significant  fact.  _Bye  the  bye,  I  hope  that  when  the  Senator  from 
Connecticut  referred  to  the  danger  of  appointing  "stump  orators" 
and  hack  politicians,  to  diplomatic  stations,  he  had  no  reference  to 
any  late  nominations  which  have  been  made  ! 

But  to  come  to  the  question  before  the  Senate  on  the  amend- 
ment. I  confess  that  I  have  regarded  the  recommendation  of  the 
President,  which  has  been  seconded  by  the  committee,  to  send  a 
mission  to  the  Papal  States,  with  a  great  deal  of  interest  and 
pleasure.  I  regard  it  as  a  si^n  of  progress^ — as  in  some  sort,  the 
■'bringing  forth  of  fruits  meet  lor  repentance,"  that  an  administra- 
tion, which  for  two  years  past,  has  been  appealing  to  the  lust  of 
war  and  rapine,  and  been  stimulating  all  that  is  brutal  in  humanity, 
has  so  far  changed  its  policy,  and  is  about  to  appeal  to  popular 
passion  in  a  much  less  exceptionable  manner.  1  have  no  doubt  of 
the  truth  of  what  the  honorable  Senator  from  North  Carolina, 
[Mr.  B.\DGEB,]  has  said,  that  this  is  a  mere  pandering  to  the 
Roman  Catholic  voters  of  this  country.  I  ask  my  friend  if  it  is 
not  much  more  reasonable,  and  rational,  and  Christian  to  pan- 
der   

Mr.  FOOTE. — .\m  I  to  understand  that  the  Senator  from  North 
Carolina  has  preferred  so  grave  a  charge  ? 

Mr.  HALE. — So  I  understand  him. 

Mr.  FOOTE.— Did  he  sav  "pander  ?" 

Mr.  HALE. — If  he    did   not    say  so,   I  will  sav  so.     I  have  no 
doubt  of  it. 

Mr.  FOOTE. — Does  the  Senator  understand  the  term  which  he 
has  employed  ? 

Mr.  HALE. — I  have  not  got   a  dictionary    at  hand,  and  really 
make  no  pretensions  to  great  lexicographical  knowledfs. 

Mr.  FOOTE. — Did  the  Senator  ever  hear  of  Pandarus  ? 

Mr.  HALE. — Oh!  I  will  endeavor  to  meet  the  nice  taste  of 
the  Senator.  I  will  use  another  term.  I  will  say  that,  it  is  fishins 
for  Roman  Catholic  votes;  and  I  certainlv  think  that  this  is  quite 
an  improvement  in  the  diplomacy  of  the  last  twcntv-two  months, 
so  far  as  regards  the  neighborini;  republic  of  Mexico.  But  why 
should  this  minister  be  sent  ?  It  is  admitted  on  all  hands  that  we 
have  no  commercial  interests  to  be  protected  in  the  Papal  States. 
It  is  designed  merely  as  a  compliment  to  the  Pope.  Well,  if  com- 
pliment be  intended,  why  not  extend  it  to  San  Marino,  which, 
amid  the  changing  destinies  of  Italy,  has  ma'ntained  its  republican 
institutions  for  hundreds  and  hundreds  of  vears  ?  Why  not  first 
extend  this  compliment  to  that  ancient  repulilii-  instead  of  to  the 
Pofte  of  Rome  ?  And  if  there  be  any  pretence  that  we  have  there 
•ommercial  interests  which  require  protection,  why  not  send  a  min- 
ister to  Hayti,  where  there  are  large  commercial  interests  to  be 
protected,  having  just  and  well-founded  claims  on  this  government 
and  where  our  citizens  cannot  get  even  a  hearing,' because  we 
have  no  accredited  agent  ?  It  seems  to  me.  sir,  that  there  should 
be  some  uniform  system  adopted  with  regard  to  the  appointment 
of  our  diplomatic  agents  abroad;  and  I  certainly  think  that  the 
emergency  must  be  very  pressing  indeed,  which  requires  the  in- 
sertion of  this  proposition  in  a  bill  which  I  had  supposed  was  what 
it  purports  to  be.  a  measure  for  supplying  deficiencies  in  the  ap- 
propriations. The  deficiency  is,  it  appears  to  me,  large  enouwh 
without  adding  to  it.  the  expense  involved  in  the  establishino-  of  this 
mission. 

Mr.  FOOTE— I  intend  to  trespass  only  a  ven-  few  minutes  on 
the  time  of  the  Senate,  and  I  rise  chiefly  for  the  purpose  of  ma- 
king some  remarks  in  reference  to  the  extraordinary  charge 
brought  against  the  administration  by  the  gentleman  who  has  just 
taken  his  seat.  Far  be  it  from  me  to  accuse  the  Senator  of  any 
thing  like  plagiarism  ;  but  I  do  feel  authorized  to  suggest  that  at 
least  the  laws  of  good  taste  were  not  duly  considered  in  intro- 
ducing, from  any  source  whatever,  however  distlnsruished,  such  a 
sentiment  as  tha'  which  so  signally  deformed  a  portion  of  the  speech 
which  we  have  heard  from  him  this  morning.  He  has  very  loudly 
and  fiercely  preferred  a  serious  charge  against  the  administration. 
After  good  naturcdly  confessing  that  the  explanation  ofliiscolleague 
in  relation  to  fiscal  deficiencies  was  so  satisfactory  that  he  wasliot 
able  to  show  any  thing  to  the  contrary  successfully,  in  a  fit  of  des- 
perate earnestness,  he  has  undertaken  to  suggest — not  originally 
but  by  borrowing  from  the  Senator  from  North  Carolina— that  tb'is 
is  an  attempt  on  the  part  of  the  administration  to  pander  to  Catho- 
lic feeling — using  a  term  which,  in  all  languages,  is  recon-nized  as 
coarse  and  vulgar.  I  did  not  hear  the  speech  of  the  Senator  from 
North  Carolina,  and  until  his  silence  disappointed  me,  I  h.ad  hoped, 
that  the  ignoble  attempt  to  excite  sectarian  feeling  in  opposition 
to  this  bill  was  original  with  the  Senator  from  New  Hampshire. 
But  the  significant  and  eloquent  silence  of  the  Senator  from  North 
Carolina  evinces  that  he  has  been  correctly  reported,  and  that  with 
him  did  originate  this  most  extraordinary  accusation.  The  admin- 
istration, then,  is  charged  with  an  attempt  to  "pander"  to  Catho- 


382 


DEFICIENCY  BILL. 


[MONDAI 


lie  feeling.  I  shall  make  no  elaborate  vindication  of  the  adminis- 
tration ai^ainst  an  allegation  which  I  hold  to  be  equally  absurd  and 
malignaul. 

Mr.  MANGUM. — I  do  not  know  for  what  reason  my  colleafrue 
does  not  ehoose  to  explain.  But  I  understand  that  he  used  no 
such  expression. 

Mr.  FOOTE. — I  am  very  glad  to  hear  it.  I  can  only  say  that 
the  colleague  of  the  gentleman  who  has  just  sat  down,  does  him- 
self great  mjustice  when  he  suffers  himself  to  be  misquoted  in  h'.s 
own  presence.  The  Senator  from  New  Hanipshire.  then,  stands 
convicted  of  gross  mis-quotation;  and  if  the  Senator  from  New 
Hampshire,  laboring  under  an  erroneous  impression,  adopted  the 
expression  on  the  ground  of  authority,  and  not  of  its  intrinsic 
merit,  I  trust  he  will  speedily  renounce  it.  I  was  about  to  say 
that  as  one  of  the  humblest  members  of  the  democratic  party,  I 
should  dis  lain  an  elaborate  and  formal  vindication  of  the  adminis- 
tration asamst  the  charge  in  question — which  I  have  denounced 
already  as  alike  absurd  and  malignant,  and  iiicapaljlc  of  any  sup- 
port vi-hatevcr  from  any  tiling  that  can  be  called  evidence.  Pan- 
dering to  Catholic  feeling  ?"  I  am  not  a  member  of  any  church. 
I  have  only  hail  tlie  honor  of  being  born  in  a  Christian  country, 
and  have  always  paid— as  I  trust  I  have  felt — a  decent  respect  to 
the  religion  of  mv  forefathers  ;  and  all  those  religious  institutions 
which  I  have  ever  undoubtingly  believed  to  be  conservative  of  the 
great  principles  of  civil  and  religious  liberty,  and  affording  the  su- 
rest safeguard  which  to  the  mind  of  man  has  been  ever  reserved, 
for  the  permanence  everywhere  of  all  that  is  valuable  to  him  as  a 
moral  being.  I  have  no  partiality  for  any  particular  church  or 
creed.  But,  as  an  American — as  the  citizen  of  a  country  in  which 
the  various  forms  of  belief  are  alike  free,  I  should  scorn  myself,  if 
I  permitted  the  existence  in  my  bosom  of  any  .such  fcclinsjs  as  those 
ntlribiiled  to  the  administration  in  the  debate  this  morning.  Al- 
thonah  not  a  member  of  a  church,  I  can  say  with  my  hand  on  my 
heart  that  I  have  beheld  with  emotions  of  delight  the  advance  of  the 
Christian  cause  in  all  the  countries  of  Christendom.  In  the  success 
of  Episcopalians.  Catholics,  Methodists,  and  all  other  religious  de- 
nominations, I  have  sympathized  with  equal  warmth.  I  have 
never  experienced  the  slightest  apprehension  in  regard  to  the  mul- 
tiplication of  the  strength  of  any  branch  of  the  Christian  church. — 
Under  our  constitution,  we  have  nothing  to  fear  from  any  such 
influences  as  those  alluded  to. 

But  it  is  declared  that  this  is  an  attempt  to  "pander"  to 
Catholic  feeling  in  advance  of  the  Presidential  election.  In  the 
first  place,  I  have  to  say.  that  from  my  knowledge  of  the  clergy 
and  people  of  the  Catholic  communion,  they  would  scorn  to  be 
used  for  such  a  purpose,  and  I  know  enough  of  the  administration 
to  assert  that  no  such  idea  could  ever  have  been  conceived  by 
them.  Pandering  to  the  Catholics  of  this  country!  The  gentleman 
may  be  more  familiar  than  I  am  with  the  business  of  corrupt  bar- 
gaining for  popular  suffrages.  It  is,  I  trust,  a  process  not  com- 
mon in  this  country.  At  any  rate,  I  live  in  a  part  of  the  world 
where  the  tliini.'  is  not  practised,  and  where  if  practised  it  would 
be  punished  in  the  most  signal  manner.  I  know  that  demagogue- 
ism  is  to  be  met  with  in  all  sections  of  the  country,  and  that  this 
business  of  bargaining  for  votes  is  not  altogether  unknowjt  in 
various  places.  I  will  not  say  that  the  history  of  the  Senator, 
but  that  his  experience  and  means  of  observation  in  the  part  of 
the  country  where  he  resides  may  have  enabled  him  to  obtain 
more  information  in  regard  to  this  matter  of  corrupt  bargaining 
for  votes  than  I  have  enjoyed.  But  surely  this  groundless  and 
illiberal  suggestion  that  the  President  of  the  United  States,  and 
those  with  whom  he  advises,  are  attempting  by  this  movement 
to  "pander"  to  the  Catholics  is  a  charge  not  worthy  even  of 
the  extended  notice  which  I  have  given  it.  I  advance  to  another 
topic  on  which  I  will  detain  the  Senate  only  a  moment.  I  in- 
tend to  vote  for  a  full  mission  to  Home,  and  I  have  only  one  rea- 
son, but  it  is  with  me  a  potent  one.  Whatever  others  may  say,  I 
do  not  hesitate  to  avow  that  I  recognize  the  present  Pope  of  Rome, 
the  head  of  the  Catholic  church  as  he  is,  as  the  man  of  the  age — the 
head  of  tlie  great  reform  movement  of  the  European  world — the 
man  who  has  dared  to  borrow  light  from  this  countrv  and  difi'use 
it  throughout  the  dominion  in  which  he  bears  rule.  His  name  is 
now  identified  with  the  cause  of  civil  and  religious  liberty  in  the 
old  world  ;  and  although  not  one  single  dollar's  worth  of  com- 
merce were  carried  on  between  this  country  and  the  Papal  States 
I  would  zealously  advocate  the  establishment  of  diplomatic  rela- 
tions with  the  sovereign  Pontiff.  Using  the  language  of  the  Sena- 
tor from  Massachusetts,  [Mr.  Davis,]  I  would  even,  as  ii  compli- 
mentary mark  of  our  sympathy,  send  this  mission  to  the  Pope. 
As  the  champion  of  freedom  he  is  worthy  of  our  highest  regard — 
our  sinccrest  reverence — our  most  devout  afleetion.  It  is  suggested 
that  perhaps  Austria  may  be  offended.  Well,  1  do  not  desire  to 
say  anything  to  offend  Austria;  but  I  am  sure  I' should  be  asha- 
med of  this  "overnment  if,  from  fear  of  ollending  Austria,  it  should 
be  restraineil  fmin  tloing  what  is  rigiit  in  this  mailer.  It  has  in- 
deed been  said  that  the  Pope  of  Rome  is  sustained  by  Austria. 
Why,  can  it  be  forgotten  that  Ansliian  bayonets  are  at  this  mo- 
ment opposing  freedom  in  Italy  ?  Do  we  not  know  that  the  cause 
of  liberlv  has  been  conliniially  assailed,  iimid  blood,  and  lire,  and  de- 
solation, by  the  armies  of  Austria?  and  yet  Austria  must  be  propi- 
tiated !  I  think,  sir,  from  what  vc  learn  of  recent  movements  in 
France, _and  the  convulsed  state  of  Portugal,  Spain,  and  the  Au- 
strian dominions  in  the  neighborhood  of  the  Rhine!,  that  that  power 
has  something  el.se  to  do  at  present,  besides  watching  with  vigi- 
lant jealousy  our  actions  towards  Italy  and  other  countrius.    I  be- 


lieve, sir,  that  the  present  is  eminently  an  auspicious  moment  in 
which  to  send  an  embassy  to  Rome.  Not  that  I  would  attempt 
anything  in  the  spirit  of  propagandism.  Far  be  it  from  me  to  inter- 
fere in  the  conduct  of  civil  affairs  in  any  part  of  Italy.  But,  sir,  the 
Pope  is  leading  in  the  great  regenerative  movement  which  already 
threatens  the  speedy  extinction  of  monarchical  government  through- 
out the  civilized  world;  and  does  it  become  us  in  a  spirit  of  heart- 
less indifference  to  decline,  even  a  cold  and  formal  recognition  of 
the  struggle  for  popular  freedom?  Whatever  others  may  do,  I  am 
determined  to  do  all  I  can,  with  sunh  limited  influence  as  I  possess, 
to  advance  that  cause  in  Europe,  by  extending  to  it  my  warmest 
sympathies. 

I  have  meant  nothing  unkind,  and  I  trust  have  said  nothing  un- 
kind; but  I  honestly  believe,  that  the  sentiments  of  the  Senator 
from  New  Hampshire  are  worthy  of  the  severest  censure;  and 
having  endeavored  to  express  my  strong  disapprobation  of  them, 
I  shall  not  longer  trespass  on  the  attention  of  the  Senate. 

Mr.  HALE.- — Perhaps  I  should  make  some  explanation  to  the 
Senator  from  North  Carolina.  I  certainly  did  not  mean  to  misquote 
or  misrepresent  him.  1  am  sure  he  will  not  suppose  that  I  could 
do  so. 

Mr.  BADGER.— Certainly  not. 

Mr.  HALE. — Now,  one  word  as  to  what  was  said  which  pro- 
duced such  a  flood  of  eloquence  from  the  gentleman  from  Missis- 
sippi. 1  certainly  did  not  expect  that  that  gentleman  and  myself 
would  very  cordially  agree  in  certain  political  matters.  Our  posi- 
tions on  some  tubjec's  arc  wide  apart;  and,  therefore,  it  does  not 
seriously  disturb  my  equanimity  to  lind  him  quite  antagonistic  in 
reference  to  these  questions.  When  he  came  down  upon  my 
political  position,  with  all  his  Jupiter  Tonans  thundering  elo- 
quence, I  regarded  it  as  a  matter  of  course.  But  really,  sir,  when 
a  gentleman  of  his  refined  taste — eloquence  of  diction — purity  of 
styles  chasteness  of  manner—- and  everything  that  contributes  to  the 
character  of  a  perfect  orator,  is  compelled,  reluctantly  com- 
pelled, I  doubt  not,  to  pronounce  my  poor  efforts  vulgar,  I  do  "feel 
bad  !" 

Mr.  FOOTE. — I  did  not  pronounce  the  effort  vulgar. 

Mr.  HALE.— It  was  the  language  then  ? 

Mr.  FOOTE.— No,  it  was  the  word  "pagder;"  and  if  the  Sena- 
tor  will  refer  to  the  original,  he  will  find  that  what  I  say  is  strictly 
true.  "Vulgar"  is  derived  from  the  word  "rulgus,''  which  means 
the  common  people;  and  I  meant  to  s.iy  that  the  word  "pander" 
is  common  among  the  masses. 

Mr.  HALE.— Ah  !     That  is  all  ? 

Mr.  FOOTE.— Certainly. 

Mr.  HALE. — Then  I  am  very  glad  to  find  that  my  sentiments 
are  becoming  so  popular  !  Now,  I  do  not  travel  with  the  diction- 
ary in  my  pocket,  but  one  of  the  pages  has  brought  me  one  of 
those  big  dictionaries  which  we  had  in  the  Senate  the  other  day, 
when  the  Senator  from  Kentucky  lost  so  much  in  not  being  present 
to  hear. 

Mr.  FOOTE. — .\h  !  take  care — that  may  have  been  in  secret 
session  '. 

Mr.  HALE. — If  so,  it  has  now  got  out !  I  don't  know, 
however,  but  that  if  the  public  were  here  and  listened  to  our  poor 
debates,  they  would  hardly  think  that  the  injunction  had  been 
taken  off  the  dictionaries!  But  I  have  the  dictionary  before  me, 
and  I  find  that  this  "  vulgar"  word — 

Mr.  FOOTE.— What  dictionary  is  it  ? 

Mr.  HALE. — Compiled  by  one  Sam  Johnson!  I  find,  sir,  that 
this  "vulgar"  word  was  used  in  common  by  that  vulgar  fellow, 
Shakspeare;  also  by  one  Dryden;  one  Rowe,  and  a  man  who  used 
to  write  doggerel,  one  John- Milton.  All  of  them  used  this  "  vul- 
gar" word  "  pander  !''  Now,  in  its  direct  application  to  this  very 
case,  I  said  that  I  believed  that  this  was  an  attempt  on  the  part 
of  the  administration  to  "'  pander"  to  the  Roman  Catholic  voters, 
or  Roman  Catholic  prejudices;  and  I  gave  credit  to  the  Senator 
from  North  Carolina — 

Mr.  FOOTE. — The  Senator  1  as  not  read  the  authorities.  Will 
he  allow  me  to  look  at  them  for  a  moment  ?  I  do  not  undertake  to 
deny  that  the  word  is  to  bo  found  in  the  dictionary,  or  that  Shakspeare 
used  it.  But  I  meant  to  say  that  it  was  a  word  always  intended 
for  purposes  of  scurrility — of  vulgar  meaning — and  like  manj-  other 
epithets  in  Shakspeare,  not  appropriate  on  all  occasions,  and  cer- 
tainly not  becoming  in  such  a  dignified  body  as  this. 

Mr.  HALE. — I  shall  read  the  authorities.     Here  is  one — 
"II,  ye  pniideiing  rascals,  tliere's  .1  cons|iincy  againit  me  !" 

Mr.  FOOTE. — Very  well.  Would  the  Senator  affirm  that 
"  rascal"  is  parliamentary  language  ? 

.Mr.  CAMERON. — Would  the  Senator  be  so  good  as  to  read 
the  authority  again;  some  of  us  on  this  side  did  not  hear  it  dis- 
tinctly ? 

Mr.  HALE. — Certainly — with  great  pleasure,  sir — 

"  O.  ye  ii.inderiiiR  rastiils,  llicrc's  a  conspiracy  -ngaiast  me!" 

Why,  sir,  if  I  had  searched  the  dictionary  from  beginning  to  end, 


March  20.] 


THE  MISSION  TO  ROME. 


383 


I  could  not  have  hit  upon  a  word  which  more  clearly  expresses 
what  I  meant  to  convey !  This  is  an  attempt  on  the  part  of  the 
administration  to  pander  to  the  passions  of  the  Roman  Catholic 
voters.  That  is  what  I  think  .When  the  honorable  Senator  from 
Mississippi  says  he  has  great  confidence  in  the  administration — 

Mr.  FOOTE. — Will  tlie  honorable  Senator  allow  me  to  inter- 
rupt him  for  a  moment?  The  most  serious  part  of  what  I  said  was 
not  so  much  a  denial  of  his  allegationj  as  a  solemn  call  upon  him 
for  evidence  in  support  of  the  charge. 

Mr.  HALE. — I  understand. 

Mr.  FOOTE. — Allow  me  further  to  .state  my  proposition? 

Mr.  HALE.— Certainly. 

Mr.  FOOTE.. — If  a  person  were  arraigned  as  a  criminal  and  nn 
evidence  of  his  guilt  was  produced,  he  would  certainly  go  free  of 
punishment;  I  therefore  invoke  the  Senator  to  adduce  his  proofs. 
I  challenge  him  to  the  proof. 

Mr.  HALE. — The  evidence  is  to  be  found  in  the  absenoe  of  all 
proof  to  the  contrary.  This  is  a  fair  mode  of  argument,  as  the 
Senator  must  admit.  When  there  is  something  palpable  on  the 
lace  of  the  case — if  no  other  motive  than  that  which  strikes  the  mind 
as  being  the  palpable  motive,  is  made  to  appear,  then  the  infer- 
ence is  legitimate,  in  the  absence  of  all  proof  to  the  contrary, 
that  that  is  really  the  motive. 

Mr.  FOOTE. — Suppose  the  Senator  were  charged  with  a  grave 
offence  of  which  he  was  altogether  innocent,  though  appearances 
were  against  hiiu,  and  if  he  failed  to  adduce  proof  of  his  innocence, 
would  ho  then  be  justly  found  guilty? 

Mr.  HALE. — Non  constat .'  The  conclusion  does  not  follow 
from  the  premises — not  at  all.  But  the  Senator  from  Mississippi 
said  that  Pope  Pius  the  Ninth  was  ■*thc  man  of  the  affe."  Why, 
I  thought  James  K.  Polk  was  "the  man  of  the  age  !'"'  I  should 
like  to  know  what  right  any  democrat,  sound  in  tiio  faith,  has  to 
pronounce  Pope  Pius  "the  man  of  the  asfc  V  I  did  not  propose, 
however,  to  go  into  this  question  of  a  mission  to  Rome.  I  rose 
only  for  the  purpose  of  freeing  myself  from  the  charge  of  using  a 
vulgarism.  As  modified,  however,  by  the  Senator  from  Mississip- 
pi, instead  of  a  charge,  it  is  a  compliment.  I  feel  flattered.  He 
says  that  my  sentiment  is  becoming  very  common  amongst  the 
people.  I  asrec  with  him.  1  do  believe  the  people  regard  this  as 
an  attempt  on  the  part  of  the  aduiinistration  to  pander  to  Roman 
Catholic  prejudices. 

Mr.  FOOTE. — I  hope  the  Senator  will  allow  me  to  correct  him. 
I  did  not  say  that  the  sentiment  was  common  amonjst  the  people, 
but  that  his  language  was  of  a  common  caste  and  character. 

Mr.  HALE. — Well,  I  am  a  common  man  !  I  do  not  pretend  to 
be  any  thing  else.  And  now,  having  exposed  the  attempt  on  the 
part  of  the  administration  as  well  as  I  can,  I  would  appeal  to  Se- 
nators; and  if  there  are  any  other  ambitious  men  in  the  Senate  be- 
sides myself.  I  would  call  on  them  to  see  to  it  tliat  the  man  who 
has  prepared  this  measure  doesn't  "bring  all  this  grist  into  his 
hopper."'  If  there  be  any  other  presidential  aspirant  hero  besides 
myself,  I  think  he  had  better  look  well  to  this  business.  Did  the 
Senator  from  Michigan  speak  to  me?  [Laughter,  in  which  the 
reply  of  Mr.  Cass  was  lost  to  the  reporter.] 

Mr.  HANNEGAN. — When  the  Senator  from  Mississippi  al- 
luded to  the  fear  of  Austria,  had  he  reference  to  any  remarks  made 
by  mc  ?  .  . 

Mr.  FOOTE. — I  alluded  entirely  to  the  speech  of  the  Senator 
from  North  Carolina,  of  which  I  had  read  little  more  than  the 
half. 

Mr.  MANGUM.— I  have  but  a  word  to  say  on  this  bill.  We 
have  all  been  amused  by  this  lexicographical  discussion,  which  is 
entirely  innocent.  But  I  exceedingly  regret  that  this  measure 
should  have  been  regarded  in  any  other  than  a  purely  business 
point  of  view.  I  regard  it,  and  hope  I  shall  continue  to  rcsard  it, 
strictly  in  that  light.  This  government  recogniz'is  no  such  thing 
as  .sectarian  prejudices  or  sectarian  feelings.  We  are  accustomed 
to  act  altogether  irrespective  of  all  such  considerations.  But 
thouuh  I  have  my  prejudices  on  this  subject,  and,  I  hope,  with  due 
deference  to  the  opinions  of  others,  yet  I  am  utterly  incapable, 
while  sitting  here,  of  acting  with  regard  to  any  sectarian  feelings 
whatsoever.  I  shall  act  in  this  case  jiurely  as  a  busines  transac- 
tion. Well,  then,  what  is  it  in  that  lisht  ?  This  mission  origina- 
ted in  one  of  two  purposes,  in  cither  the  political  or  the  commer- 
cial aspect  of  the  case,  or  in  botlv  The  whole  subject  of  our  di- 
plomatic agencies  has  been  frequently  spoken  of,  and  I  have  con- 
curred in  the  opinion,  that  the  multipli(;aiion  of  so  manv  missions 
In  the  States  bordering  on  the  Mediterrean  has  been  bad  policy.  I 
have  thought  that  it  was  a  very  convenient  mode  of  gratifying,  per- 
haps, many  of  our  political  friends  under  all  administrations;'  and  I 
know  that  a  few  years  ago  this  matter  was  the  subject  of  conver- 
sation in  a  very  intelligent  circle,  and  that  a  suggestion  was  then 
made  which  struck  me  as  a  wise  one,  to  the  elVect,  that  if  wo  could 
annihilate  several  of  the  missions  already  established  of  very  little 
political  or  commercial  importance,  it  might  be  important  to  send 
a  full  minister  to  some  point  in  the  Italian  Stales,  who  misht  con- 
centrate all  our  interests,  commercial  and  political,  and  iiive  dig- 
nity and  efficiency  to  our  diplomatic  relations  in  that  quarter  of 
the  world.     I  am  wilUng  to  admit  that  in  that  point  of  view  Rome 


might  be  a  suitable  location  for  such  a  mission,  as  there  is  at  that 
city  a  vast  confluence  from  all  parts  of  Europe,  and  in  a  poUtical 
aspect  it  might  be  useful.  Our  commerce  with  the  Papal  States 
is  not  very  great,  but  it  is  a  matter  worthy  of  consideration. 

As  to  the  progress  of  liberal  opinions  in  Italy  or  elsewhere,  I  am 
perfectly  willing  to  sympathize  in  all  cflbrts  to  meliorate  the  con- 
dition of  the  people,  but  here  in  my  place  I  protest  not  only 
airainst  all  attenipis  to  excite  religious  feeling  or  sectarian  feeling, 
but  also  auainst  the  idea  that  it  is  the  mission  of  this  government 
to  propagate  our  own  views,  or  in  any  way  to  interfere  with  the 
internal  afiairs  of  any  other  people.  Against  religious  propogan- 
dism  and  political  propogandism  I  am  equally  opposed.  Whene- 
ver I  behold  shackles  and  fetters  falling  from  the  limbs  of  men,  I 
rejoice  and  freely  extend  my  sympathies  ;  but  sitting  here,  in  this 
place,  I  trust,  sir,  that  nothing  shall  divert  my  attention  from  the 
duties  which  belong  to  this  station  and  the  interests  to  which  I  am 
solemnly  bound  to  give  exclusive  attention.  We  are  here  to  at- 
tend to  our  own  affairs,  not  to  meddle  with  the  domestic  concerns 
of  any  other  people. 

I  have  had  some  difficulty  in  determining  whether  either  in  a 
political  or  commercial  aspect  any  mission  was  called  for  at  Rome. 
At  all  events  I  have  made  up  my  mind  to  vote  against  the  full 
mission.  I  w-ould  vote  for  a  minister-resident.  We  send  a  minis- 
ter-resident to  Constantinople,  the  city  of  the  Turk  ;  and  also  to 
the  heathen  in  the  eastern  seas  and  China.  This  we  do  totally  ir- 
respective of  religious  dilTerences,  and  almost  purely  from  consi- 
derations of  commercial  policy,  very  little  political  interest  beinc 
involved.  I  confess  I  do  not  regard  with  favor  the  multipllca' ion 
of  these  diplomatic  a<jencies,  which  does  look  something  like  ma- 
king snug  provision  for  political  friends.  Without  imputing  any 
such  motives  in  the  present  case,  I  must  say  that  I  have  seen  evi- 
dences of  a  gradual  tendency  in  this  direction  under  all  the  ad- 
ministrations, I  am  desirous  of  checking  it  ;  and  I  do  not  know 
that  I  could  be  brought  to  vote  in  favor  of  this  measure  at  all, 
were  it  not  in  order  to  show  that  I  cannot  be  affected  by  any  sec- 
tarian inllucnces  whatever.  Of  all  the  great  principles  which  lie 
at  the  foundation  nf  our  free  institutions,  I  believe  that  there  is 
none  more  conservative,  and  more  essential  to  the  security  of  those 
institutions,  than  the  principle  of  universal  toleration  and  equality 
of  all  the  churches,  each  being  left  to  the  voluntary  support  of  its 
own  members.  History  has  taught  us  that  whenever  the  church 
becomes  connected  with  the  State — without  any  imputation  on  the 
principle  of  religion  itself — corruption  and  abuse  of  power  are  the 
result. 

Again,  I  have  always  thought  that  the  policy  of  this  government 
in  relerencc  to  some  of  the  principal  European  missions  was  un- 
wise. I  would  give  them  more  imposing  efli^ct.  The  representa- 
tives abroad  of  this  great  and  wealthy  and  powerful  people  ought 
not  to  stand  at  the  tall  of  the  whole  diplomatic  corps  of  Europe. 
1  would  give  them  more  consideration.  The  money  would  be 
wisely  spent.  It  would  be  wise  policy  also  to  provide  the  mate- 
rial suitable  to  the  place.  But,  perhaps,  in  a  country  like  ours, 
where  party  must  always  have  large  influence,  it  can  hardly  be 
hoped  that  such  appointments  will  be  always  the  most  judicious. 
I  shall  vote  against  the  proposed  amendment. 

Mr.  ALLEN. — I  have  a  very  few  words  to  say  on  the  matter 
before  the  Senate.  I  shall  v(4e  for  this  mission,  and  for  a  minis- 
ter of  the  highest  grade;  because,  if  there  be  any  reason  for  the 
establishment  of  the  mission  at  all,  it  appears  to  me  that  it  should 
be  of  the  first  class.  One  or  two  objections  have  been  urned 
airainst  this  measure;  and  one  has  been,  that  it  was  int(.-ndcd  to 
affect  the  ballot-boxes  m  the  LTiiited  States — a  conclusion  drawn 
from  the  fact,  that  the  head  of  the  government,  to  which  it 
is  proposed  to  send  this  mission,  is  a  member  of  a  particular  church. 
That  objection  thus  resolves  itself  into  this;  that  although  the  mis- 
sion be  sent  to  a  government,  vet  because  the  head  of  that  govern- 
ment is  the  member  of  a  church,  therefore  it  should  not  be  sent. 
Now,  when  our  constitution  required  us  to  keep  our  hands  off  this 
sacred  subject  of  religion,  it  simply  prohibited  two  things  :  the  es- 
tablishment of  a  state  religion,  and  the  persecution  of  any  particu- 
lar religious  faith  whatever.  But  because  the  head  of  the  govern- 
ment to  which  this  mission  is  to  be  sent  is  the  member  of  a  church, 
it  is  argued  that,  therefore,  the  minister  ought  not  be  sent, 

Mr.  MANGUM. — I  hope  the  Senator  does  not  allude  to  any  re- 
marks of  mine  ? 

Mr.  ALLEN. — No.  sir.  This  mission  has  nothing  to  do  with 
the  church.  It  is  a  mission  to  a  government,  not  to  a  priest.  It 
is  a  mission  to  a  *;ovcrnment  recognized  as  such — a  terrestrial,  not 
a  celestial  government — a  government  known  bv  law  to  the  nations, 
and  sustaining  relations  as  a  government  to  other  nations — a  gov- 
ernment in  aft  essential  features,  independent  of  the  peculiarity  of 
an  ecclesiastic  at  its  head.  I  say,  then,  it  does  not  become  us, 
who  have  no-  jurisdiction  of  this  sacred  subject,  to  proscribe, 
or  to  attempt  to  proscribe,  any  branch  of  the  church  whatever, 
or  any  creed  or  denomination  of  Christians.  So  far  as  this  objec- 
tion goes,  I  plead  the  constitution  in  answer  to  it.  We  have  no 
right  to  proscribe  men  or  a  government  on  account  of  their  reli- 
gious opinions.  Well  then,  that  objection  may  he  set  aside.  What 
is  the  other?  That  there  is  but  little  commerce  with  the  Papal 
States.  True,  but  this  mission  is  recommended  by  the  Executive 
upon  other  than  commercial  grounds.  It  is  recommended  upon 
high  political  grounds — reasons  which  will  outweigh  mere  com- 
mercial considerations — reasons  that  will  stand  good  so  long  as 
there  is  a  tongue  to  utter  the  name  of  freedom  in  the  world.    The 


384 


DEFICIENCY  BILL. 


[Monday^ 


President  presents  as  the  first  of  these  reasons  that,  the  peculiar 
political  condition  of  the  Papal  States — a  condition  in  which  it  was 
impossible  for  him,  as  the  head  of  a  great  government  of  freemen, 
not  to  sympathize  if  he  truly  represented  his  countrymen.  The 
liberation  of  oppressed  humanity  has  but  commenced  in  Italy.  A 
change  has  been  proposed,  the  object  of  which  is  to  free  the  op- 
pressed and  diminish  the  number  of  the  siarvitig.  When  such  a 
state  of  things  as  this  is  about  to  transpire  in  that  part  of  the  world 
most  sacred  to  our  cla.ssic  recollections  as  well  as  to  the  Christian 
sympathies  of  our  whole  peo|)le  of  every  denominal|->n,  does  it  be- 
come us  to  stand  here  ana  talk  about  the  amount  of  commerce  that 
floats  upon  the  Tiber,  before  we  expend  a  few  thousand  dollars 
for  the  establishment  of  this  mission?  There  is  nothing  new  in 
all  this.  The  idea  did  not  originate  with  the  President.  It  is  not 
for  the  first  time  heard  in  this  broad  land;  nor  is  the  policy  proposed 
one  which  for  the  first  time  meets  a  repose  in  the  heart  of  this 
people.  Many  a  year  ago  this  government  followed  the  example 
of  all  other  governments  in  the  worlil,  and  tendered  its  sym- 
pathies to  a  people  who  were  struggling  in  the  same  cause. 
Why,  sir,  whenever  an  unfortunate  people  have  been  endeavoring 
to  free  themselves  from  despotic  authority,  and  the  efTort  has 
been  crushed  by  force  of  arms,  every  other  despot  in  Europe  has 
sent  his  minister  with  congratulations  to  the  successful  tyrant. 
When  on  the  other  hand,  the  people  triumph — when  as  recently  in 
Paris,  the  people  bear  upon  their  shoulders  the  shattered  frag- 
ments of  a  throne,  and  consume  it  with  fire,  and  the  model  of  our 
own  constitution  is  selected,  does  it  become  us  to  stand  here  and 
add  up  the  dilTerence  between  $4,500  and  $9,000,  in  order  to  de- 
termine whether  we  will  stand  by  and  see  brother  despot  congrat- 
ulate brother  despot  for  his  triumphs  over  the  liberties  of  the  peo- 
ple, whilst  we  dare  not  oiler  our  congratulations  to  the  people 
when  they  triumph  over  their  despotic  rulers?  No,  sir,  our 
government  has  acted  in  this  matter  before  this  day.  A  famous 
resolution  was  long  since  moved,  in  obedience  to  Mr.  Monroe's 
recommendation,  in  the  House  of  Representatives,  to  tender  in  the 
form  of  a  legislative  vote,  the  sympathies  of  the  American  people 
to  the  struggling  Greeks.  But  now,  it  seems,  we  are  to  stand 
by  and  behold  unmoved  the  attempt  of  the  head  of  a  government 
to  extend  the  liberties  of  his  people  despite  of  the  opposition  of 
neighboring  despots,  who  fear  in  the  progress  of  Italian  reform, 
that  their  thrones  may  be  endangered.  We  are  told  that  we 
have  no  commerce  on  the  Tiber,  and  that  we  must  on  no  account 
expend  nine  thousand  dollars  in  order  to  aid  the  cause  of  freedom 
throughout  the  world  !  Sir,  I  hope  we  shall;  and  I  hope  farther, 
that  there  will  be  spirit  enough  within  the  walls  of  this  capitol  to 
tender  the  congratulations  of  Congress,  in  the  name  of  the  people, 
to  their  triumphant  brethren  in  France,  before  we  adjourn.  That 
is  what  I  hope.  We  know  what  is  going  on  in  the  world, 
and  we  cannot  avoid  taking  sides — at  all  events  by  .sympathyjand 
by  all  the  moral  influences  that  we  can  bring  to  bear.  We  cannot 
avoid  taking  sides  with  the  people  of  Europe  without  betraying 
the  great  cause  of  human  liberty. 

We  live  in  an  age  of  the  worhl  when  great  truths  are  establish- 
ed, too  glaring  for  any  man  to  .say,  "I  look  but  see  not !"  One 
great  truth  has  been  established  within  the  last  forty  days  ;  and  I 
pronounce  it  one  of  the  most  important  truihs  which  has  been  po- 
lilioally  established  since  the  foundation  of  society,  and  it  is  this  : 
That  armed  men  no  longer  afford  a  guarantee  to  despoiism. 
Standing  armies  can  no  longer  be  relied  on  to  sustain  thrones,  but 
on  the  contrary  mix  and  mingle  with  the  oppressed  multitude  and 
are  the  first  to  reduce  those  thrones  to  ashes.  That  is  the  great 
truth  of  the  age.  It  has  just  been  established  in  France- — estab- 
lished in  tile  presence  of  a  hundred  thousand  bayonets  in  the  pay 
of  the  crown!  That,  sir,  is  worth  more  than  all  ihe  discoveries 
with  regard  to  steam  and  electricity  that  have  been  made,  no  mat- 
ter how  much  bragging  there  may  have  been  about  the  use  of 
these  elements.  There  are  but  two  powers  in  the  government  of 
man  now  in  operation — force  and  public  opinion.  Force  has  failed 
in  the  heart  of  Europe,  and  the  governments  there  must  forever 
rest  upon  opinion,  and  that  opinion  founded  upon  the  enlightened 
reason  of  the  people. 

I  am  driven  bv  the  nature  of  the  discu.ssion  far  from  my  purpose 
when  I  rose.  But  I  cannot  but  think  of  the  events  in  Europe  at  thig 
hour,  which,  in  connection  with  the  acts  of  the  head  of  tlie  Papal 
States,  are  by  an  involuntary  association  of  ideas,  brought  up  in 
connection  with  this  measure.  It  is  impossible  to  speak  of  the  re- 
cent interesting  events  in  Italy  without  reference  to  the  re'renera- 
tion  of  France.  1  shall  vote,  sir,  for  the  establishment  of  a  mis- 
sion of  the  highest  grade  to  the  Papal  States. 

Mr.  B.VDGER. — The  observations  of  the  honorable  Senator 
from  Ohio  make  it  necessary  that  I  should  occupy  the  attention  of 
the  Senate  for  a  few  moments.  I  do  not  propose  to  follow  him  in 
the  wide  field  into  which  he  has  entered,  nor  to  ipiestion  any  of  his 
gigantic  conceptions  with  regard  to  recent  events  in  France;  but 
to  come  back  simply  to  the  consideration  of  the  ([uestion  before  the 
Senate.  I'he  Senator  from  Ohio  stated  that  some  one  had  object- 
ed to  the  csiablisbincnt  of  this  mission  to  Rome,  because  the  sove- 
reign of  that  country  was  the  mcmlier  of  a  particular  church, 
and  as  in  answer  to  a  question  put  by  my  colleague,  whether  the 
reference  was  to  any  remarks  made  by  him,  the  Senator  from  Ohio 
answered  in  the  negative,  it  occurred  tome  as  possible,  that  the 
honorable  Senator  might  have  referred  to  .something  which  fell  from 
me  the  other  day. 

Mr.  ALLEN. — I  may  state  that  I  had  direct  and  exclusive  re- 
ference to  the  remarks  of  the  Senator  from  North  Carolina,  and  his 


argument,  which   was  that  the   Protestant  people  of  the   United 
States  would  mark  this  transaction, 

Mr.  BADGER. — I  understand  then,  the  Senator  has  just  now 
attributed  to  me  the  remark  that  I  had  objected  to  the  establish- 
ment of  this  mission  because  the  head  of  that  government  is  the 
member  oi  a  particular  church.  It  is  very  certain  that  I  said  no 
such  thing  as  the  Senator  just  now  attributes  to  me,  and  I  think 
it  is  equally  certain  that  no  such  thing  can  be  deduced  from 
what  I  did  say.  Certainly  I  never  objected  to  the  establishment  of 
this  mission  because  the  sovereign  of  Rome  is  a  member  of 
a  particular  church.  Such  an  expression  never  fell  from  me, 
and  I  am  certain  that  I  never  conceived  such  an  idea.  With- 
out professing  to  have  any  superior  information  on  the  subject; 
I  was  certainly  aware  that  the  sovereigns  of  all  the  countries  of 
Europe  with  whom  we  have  diplomatic  relations,  ace  members  of 
particular  churches,  or  religious  communities.  However,  I  will 
endeavor  to  re-state  my  objection,  and  make  it  so  clear  that  the 
ground  which  I  take  cannot  be  possibly  confounded  by  anybody 
with  the  error  of  objecting  to  a  mission  to  a  foreign  government, 
because  its  head  is  the  member  of  a  church. 

This  mission  must  be  recommended  to  us  by  some  considerations 
either  of  interest  to  ourselves,  or  the  general  welfare  of  so- 
ciety. It  is  recommended  by  the  President  on  the  ground  of 
"  recent  interesting  political  events,"  in  progress  in  Italy,  under 
the  direction  of  the  present  Pope;  and  secondly,  on  the  ground 
of  exercising  a  due  oversight  over  our  commercial  interests 
in  that  part  of  the  world.  Now,  with  regard  to  the  latter,  it 
.seems  to  be  conceded,  as  I  understand,  by  eveiy  gentleman 
in  the  Senate,  who  has  taken  part  in  this  discussion,  that 
we  have  no  commercial  interests  with  the  Papal  States  that 
require  this  mission — that  as  these  interests  are  small  and  incon- 
siderable, and  have  been  sufficiently  provided  for  by  the  three 
American  consuls  in  the  Papal  States,  so  they  may  safely  be  left 
to  the  same  superintendence  in  future.  The  honorable  Senator 
looks  down  with  scorn  at  the  idea  of  troubling  ourselves  with  anv 
such  sublunary  matters  as  commercial  interests;  and,  soaring  en- 
tirely above  any  of  those  earthly  regions  which  we  occupy,  has 
gone  on  a  transcendental  excursion  in  pursuit  of  reasons  whv  we 
should  institute  this  mission  to  Rome.  Now,  the  President  of  the 
United  States,  in  his  message,  has  made  the  commercial  interests 
of  the  country  one  of  the  grounds  on  which  he  thinks  this  mission 
ought  to  be  established.  Beins  myself  rather  a  plain  man,  and  not 
at  all  given  to  transcendental  views  of  any  kind,  I  cannot  forbear 
thinkinii  that  an  American  Senate  may  be  more  properly  engaged  in 
consiilerin<5  if  the  commercial  interests  of  this  country  require  the  in- 
stitution ol  this  mission.  The  general  impression  seems  to  be  that 
they  do  not  require  it.  On  w'hat  other  ground  is  it  asked  that  now,  at 
this  particular  time,  this  mission  shall  be  established,  and  either  a 
minister  or  charge  sent  to  the  Papal  states  ?  ''The  recent  political 
events  in  Rome,"  which  the  honorable  Senator  from  Ohio  has 
spoken  of  as  if  there  had  been  some  real  change  in  the  political 
condition  of  the  people  of  Rome — as  if  Pope  Pius  the  IX.  had 
adopted  some  measures,  by  which  absolute  power  should  be  miti- 
gated, and  some  degree  of  popular  rights  established?  The  Sena- 
tor speaks  of  the  Pope  as  if  he  were  engaged  in  an  eflbrt  to  es- 
tablish civil  and  religious  liberty.  He  speaks  of  the  sympa- 
thy which  every  American  heart  should  feel  for  all  such  movements, 
in  every  part  of  the  world.  Well  then  when  such  a  movement  does 
take  place, 'I  hope  I  shall  have  a  reasonable  and  just  degree  of  sympa- 
thy for  it;  but  I  must  have  some  little  evidence  of  its  existence  before 
that  svmpatliy  can  be  awakeneil.  Now  I  ask  the  honorable  Senator 
from  Ohio,  who  is  no  tloubt  familiar  witii  all  these  events  in  Rome. 
what  step  the  Pope  has  taken  towards  the  establishment  either  of 
religious  or  civil  freedom?  Has  he  granted  to  the  people  of  his 
.States  a  legislative  chamber?  Has  he  given  them  any  participa- 
tion in  the  privileges  of  government?  Has  he  permitted  Ireedom 
of  speech  and  of  the  press?  Has  he  abolished  the  Censorship? 
Has  he  granted  universal  religious  toleration?  Has  he  abridged  any 
portion  of  the  power  which  he  received  from  his  predecessors? 
Has  he  interposed  a  single  barrier  in  any  form  to  the  exercise  of 
that  absolute  control  over  his  subjects  which  ho  has  received  from 
his  predecessors  and  which  he  means  to  hand  down  to  those  who 
are  to  succeed  him?  Not  at  all.  He  has  made  some  municipal 
reforms.  Ho  has  shown  himself  to  be  a  kind  and  good  master  to 
his  subjects,  but  not  only  has  he  done  nothing  by  w-hich  their  con- 
dition as  the  subjects  of  an  absolute  sovereign  may  be  mitigated, 
but  he  has  expressly  disavowed  the  intention  of  making  anv  such 
change.  But  says  the  Senator  from  Ohio,  we  are  to  send  out  this 
mission  for  the  purpose  of  tendering  our  congratulations  to  the  peo- 
ple of  the  Papal  States  upon  thcj  advancement  that  they  have  made 
in  the  establishment  of  their  liberties  under  the  patronage  of  their 
sovereign  Pontilf.  ■  Do  they  assemble  in  conventions?  Do  they 
meet  in  legislative  bodies  ?  Have  they  any  representation  what- 
ever by  which  they  are  recognised  as  a  power  in  the  State,  and  to 
which  these  congratulations  can  be  tendered?  Not  at  all,  Thev 
are  kindly,  beneficently  governed,  and  as  far  as  their  personal 
welfare  is  concerned ,  they  are  wisely  governed  by  the  sovereign 
Pontilf.  But  it  seems  to  me  that  the  Senator  forgets  the  nature  of 
that  sovereignty.  It  is  as  the  first  Bishop  of  the  Church  that  the 
Pope  possesses  any  temporal  power.  The  government  is,  as  has 
been  very  well  expresseu  by  Malte  Brun  : 

**Aii  rlrelivo  moniircliv  liavinj;  for  its  ilomaiD,  the  earth  ;  on  which  it  onlv  oct-u- 
nie.s  a  iioint ;  anit  tor  its  empire,  tJiu  Heavens,  from  which  it  ioolts  at  kings  as  its  in- 
icrioTS.  ' 

When  the  Pope  dies  how  is  his  successor  appointed  ?    The  sue- 


March  20  ] 


THE  MISSION  TO  ROME. 


3S6 


cession  is  not  by  hereditary  descent  ;  there  is  no  election  l)y  the 
people  ;  the  choice  is  made  by  the  sacred  college  of  Cardinals. 

Mr.  WEBSTER— (in  his  seat.)— From  one  of  their  own  num- 
ber.     • 

Mr.  BADGER, — Yes  ;  and  that  college  consists,  I  believe,  of 

seventy  members — bishops,  priests,  deacons.  They  meet  and 
select  one  of  their  body  as  the  successor  of  the  "late  Ponliff, 
and  he  derives  all  his  power  from  that  body.  They  choose 
the  Pope.  He  is  elected  by  a  body  of  priests,  and  succeeds 
to  an  absolute  power  over  the  people  of  the  Papal  States. 
It  is,  therefore,  an  absolute,  unbroken,  and  unmitigated,  despo- 
tism. In  usinij  that  term  I  mean  no  reproach  to  the  present 
Pontiff,  who  is,  as  I  sincerely  believe,  greatly  in  advance  of  a  larfje 
proportion  of  the  distinsuished  personages  who  have  occupied  the 
Papal  chair.  But  the  jjovernment  is  ol  necessity  a  despotism,  al- 
thouiih  it  by  no  means  follows,  that  the  individual  who  exercises 
the  power  nm'  be  in  his  heart  a  des|iot.  Yet,  the  present  Pope 
has  made  no  approximation  to  freedom  in  the  American  sense 
of  the  term.  What  do  we  understand  by  freedom  ?  Not  merely 
the  protection  extended  by  a  kind  and  benefieent  ruler.  It 
is  to  be  subjected  to  the  government  of  a  known  law.  It  is 
to  have  guarantees  that  our  rights  shall  not  be  invaded  ;  and 
amongst  these  rights  is  the  exercise  of  the  elective  franchise 
by  the  body  of  the  people  It  is  to  enjoy  a  share  in  legis- 
lation, which  is  null  and  void  without  the  assent  of  our  peo- 
ple. Now  it  is  impossible,  in  my  view  of  it,  that  the  Pope  can 
establish  such  a  system  of  free  government  in  his  dominions.  We 
all  know  that  it  is  one  of  the  claims  put  forth  by  the  Sovereign 
Pontiff,  that  he  was  constituted  "prince  over  all  nations  and  king- 
kingdoms" — "he  plucks  up,  pulls  down,  destroys,  plants,  and 
builds,"  at  his  sovereign  pleasure — exercising,  in  short,  all  those 
powers  claimed  by  Pope  Pius  the  Filth,  in  his  famous  Bull  of  • 
exeommunicatien.  We  know  that  the  church  of  which  the 
Pope  is  the  head  never  changes.  Other  things  may  change, 
but  the  Cathoic  eluireh  changes  not.  What  was  onco  claimed 
by  her  is  ever  claimed  by  her.  It  is  true  in  the  progress  of 
civilization  in  modern  times,  the  power  to  exercise  the  claimed 
authority  over  the  nations  and  kingdoms  of  the  earth  has 
fallen  into  disuetude,  beeau.se  it  can  be  no  longer  carried  into 
execution,  and  because,  perhaps,  there  is  no  disposition  to  carry 
it  out.  But  this  power  is  still  claimed.  It  is  impossible  then, 
according  to  this  view  of  the  Papal  authority  and  government, 
that  the  Pope  could  divide  the  authority  willi  the  people  of  his 
States,  which  has  been  annexed  to  his  spiritual  kingdom  in  order 
to  give  it  external  dignity  and  respectability. 

It  seems  to  mo,  that  when  this  matter  eoiufts  to  b?  carefully 
considered,  it  must  be  regarded  as  simply  a  mission  from  this 
country  to  the  first  Bishop  of  the  world,  because  it  is  only  as  an 
ecclesiastic  that  the  sovereign  Pontiff  exercises  temporal  author- 
ity. The  point  of  my  objeclion  is;  that  this  is  a  mission — not  as 
the  Senator  from  Ohio  supposes  to  a  member  of  a  particular  church 
— ^but  that  it  is  sending  a  mission  to  a  spiriliml  sovereign,  who  is 
the  head  of  the  Catholic  church.  And  I  said,  and  now  repeat, 
that  the  Protestant  communities  of  this  country  will  regard  that 
step  as  a  great  departure  from  the  principles  which  have  regulated 
our  diplomatic  intercourse  with  other  nations.  I  do  not  object  to 
the  mission  because  the  person  to  whom  it  is  to  be  sent  is  a  mem- 
ber of  a  particular  church,  or  because  he  happens  to  be  the  head  of 
the  Catholic  church.  I  object  to  it  because  he  is  a  spiritual  po- 
tentate, and  there  .are  no  interests  of  the  United  States  in  his  do- 
minions which  require  the  presence  of  a  diplomotic  agent  of  this 
country.  It  is  on  this  ground  that  I  object  to  the  establishment 
of  this  mission,  and  on  that  ground  I  would  object  to  a  diplomatic 
mission  to  the  bishop  of  any  church. 

1  agree  in  what  was  said  by  my  friend  from  Indiana,  that  if  it  be 
our  object  to  testify  our  respect  lor  free  institutions,  and  republi- 
can government  in  the  old  world,  by  the  establishment  of  a  mis- 
sion, we  had  much  better  send  a  minister  to  the  Swiss  confedera- 
tion. But  I  think  my  friend  might  have  gone  still  further.  There 
is  one  republic,  to  which  the  sending  of  a  mission  could  not  be  in- 
terpreted as  evincing  any  thing  else,  than  a  sincere  desire  to  pay 
homage  and  respect  to  a  republican  government.  There  is  the  little 
republic  of  San  Marino,  with  its  thirty  square  miles  of  territory,  and 
seven  thousand  inhabitants  which  has  existed  as  a  republic  for  four- 
teen centuries.  It  is  the  oldest  sister  that  we  have  in  the  world. 
She  was  a  republic  for  ten  centuries  before  this  continent  was  dis- 
covered; and  if  we  are  disposed  to  go  out  of  our  way,  and  send 
missions  merely  lor  the  purpose  of  expressing  our  sympathy  with 
the  republican  institutions  of  mankind,  here  is  a  case  for  its  unex- 
ceptionable exercise.  Such  a  mission  could  not  be  regarded  in  anv 
other  light,  than  as  manifesting  before  the  world  our  reverence  for 
this  small  but  ancient  republic. 

But  I  understood  the  other  day — if  I  correctly  followed  the 
remarks  of  the  honorable  Senator  from  Missouri — that  he  was  dis- 
posed to  establish  this  mission  in  consequence  of  the  grand  asso- 
ciations connected  with  Rome.  I  trust  that  I  can  appreciate  the 
classic  feelings  of  the  honorable  Senator — I  trust  I  am  not  alto- 
gether indifferent  to  snch  considerations,  but  I  cannot  see  how  they 
would  justify  us  in  sending  a  mission  for  the  purpose  of  testifying 
our  respect  to  the  departed  greatness  of  ar.cient  Rome.  I  would 
suggest  that  the  money  necessary  for  the  est  ablishment  of  such  a 
mi.ssion  had  njuch  better  be  approrpiated  to  sending  to  Rome  and 
defraying  the  expenses  of  some  of  our  young  men  of  genius,  as 
usual  without  means,  who  might  be  employed  in  studying  the 
works  of  ancient  art,  and  return  to  their  own  country  aceompfished 
30th  Cong. — 'Ist  Session; — No.  49. 


painters  and  sculptors,  able  to  adorn  their  native  land  with  works 
which  might  exercise  the  most  important  influences  in  educatino- 
and  improving  the  public  taste.  But  I  also  understood  that  Sena° 
tor  to  suggest,  that  he  would  be  in  favor  of  making  this  ultimately 
a  mission  for  the  whole  of  the  Italian  States.  When  that  propo- 
sition comes  before  us,  it  may  be  worthy  of  consideration  At 
present,  however,  I  do  not  think  that  any  necessity  exists  for  the 
establishment  of  this  mission.  Other  gentlemen  think  differently 
and  will  of  course  govefn  themselves  by  their  own  judgment. 

Mr.  FOOTE. — The  Senator  from  North  Carolina,  insi.sts  that  the 
Pope  has  done  nothing,  and  attempted  nothing,  worthy  to  be  recog- 
nized as  even  indicating  a  disposition  to  ameliorate  and'liberalize  the 
civil  institutions  of  the  States  over  which  he  bears  rule.  Of  course 
sir,  the  Senator  speaks  honestly  and  frankly  touching  these  hi"li 
matters,  and  has  doubtless  expressed  himself  according  to  the  m- 
forma,tion  he  happens  to  possess  upon  the  subject.  He  will  permit 
me,  sir.  notwithstanding,  to  aver,  that  uji  to  the  present  moment, 
I  had  thought  that  there  was  not  an  intelligent  man  in  the  whole 
country,  of  those  who  do  not  entirely  withhold  themselves  from  a 
perusal  of  the  newspapers,  to  whom  various  measures  of  political 
reform,  projected  and  executed  by  his  Papal  majesty,  of  a  nature 
most  important  and  salutary,  were  not  familiarly  known.  These 
high  acts  of  civic  amelioration  I  shall  not  now  .specifv.  holding 
specification  in  this  hall  to  be  needless,  except  for  the  in.struction  of 
the  Senator  from  North  Carolina,  to  whose  particular  edification  I 
have  not  time  at  present  to  devote  myself.  I  should  like  to  know 
of  the  Senator  though,  why  Pope  Pius  and  the  measures  of  his 
government,  are  objects  of  so  much  solicitude  and  jealousy  to  cer- 
tain European  potentates,  quite  remarkable  for  their  hostility  to 
popular  freedom  ?  Why  does  the  emperor  of  Austria  tremble 
upon  his  throne,  as  he  hears,  from  time  to  time,  of  the  grand  move- 
ments of  national  resuscitation,  of  which  the  Papal  dominions  are 
the  theatre  ?  What  has  convulsed  Naples  and  Sicily,  and  spread 
the  spirit  of  political  regeneration,  through  all  upper,  central,  and 
lower  Italy  ?  What  has  fixed  the  admiring  eyes  of  the  civilized 
world  upon  Pope  Pius,  and  his  every  act  and  declaration,  if,  as 
contended,  he  has  done  nothing,  and  attempted  nothing,  to  restore 
free  institutions  to  Italy,  where  they  once  flourished  so  illustrious- 
ly? I  leave  this  topic,  sir;  perhaps  other  Senators  raav  choose  to 
lay  documentary  evidence  before  this  body,  in  vindication  of  the 
Pope  of  Rome  against  the  cruel  injustice  done  him  in  this  debate. 
I  hasten  to  make  good  two  propositions,  heretofore  asserted  by 
myself  and  others  near  me.  and  which  have  both  been  denied  by 
the  Senator  from  North  Carolina.  I  have  charged  the  Senator 
with  having  objected  !o  this  mission,  in  part  at  least,  upon  mere 
sectarian  grounds.  This  he  denies.  He  has  also  authorized  his 
colleague  to  deny  for  him.  that  he  .accused  the  administration,  in 
the  speech  made  by  him  a  few  days  since,  (and  which  is  now  be- 
fore me,  in  the  National  Intelligencer,)  of  having  gotten  up  this 
mission  for  the  purpose  of  propitiating  the  Catholic  voters  of  the 
country;  or,  in  the  refined  phraseology  of  the  Senator  from  New 
Hampshire,  the  administration  has  been  accused  of  panderin"  to 
Catholic  feeling  for  political  purposes.  It  will  be  sufficient  to  read 
from  the  Senator's  own  speech  to  satisfy  all  who  hear  mc,  that 
neither  of  the  negations  referred  to  are  substantiable  by  evidence. 
Here  are  the  printed  words  of  the  Senator  himself. 

'*  But  what  is  the  other  reason  assigned  hy  the  Presidorit  ?  The  recent  political 
events  which  have  luken  place  in  the  Papal  States  under  the  direction  of  the  pro.ient 
Po|)e.  In  whar  possible  mode,  I  ask.  do  these  political  events  matte  it  neeessarv  that 
we  should  send  a  minister  to  Rome?  How  are  we  connected  with  these  political 
events?  What  influence  is  it  expected  that  our  minister  can  exercise  overtiiese 
events  or  the  party  connected  with  them;  or,  in  what  way  will  this  mission,  politically 
I'onsidered,  he  of  service  to  this  country  or  to  the  Papal  States  ?  What  is  the  charac- 
ter of  these  political  events  which  are  now  in  progress  at  Rome"?  Nothing  has  takeu 
place  which  in  the  least  embraces  any  alterationsln  the  form  of  <rovernment  that  has 
always  obtained  in  those  States.  The  present  Pope  is  the  same  absolute  master  of  his 
people  that  ail  his  predecessors  in  time  past  have  been,  lie  has  surrendered  none  of 
the  absolute  powers  which  adorn  and  strengthen  the  tiara  wliifli  he  wears.  He  has 
erected  no  barriers  against  the  abuse  of  those  powers  either  hy  himself  or  hy  his  succes- 
sors. He  stantls  now  an  autocrat,  posses,seil  of  and  exercising  a  sn|ireme  authority 
over  all  his  subjects,  who  are  absolutely  dependent  on  him  for  every  itriviJce  Ihev  en- 
joy— for  cTery  right  which  they  exercise — for  every  relaxation  whicii  has  been  extend- 
ed to  them  t'rom  the  rigid  severity  of  former  days.  He  is  nothing  in  the  world,  iii  com- 
parison with  his  predecessors,  but  a  gooil  and  kind  master  of  his  subjects,  who  are  em- 
phatically his  vassals.  He  has  made  no  reform;  he  has  made  no  surrender  of  anv  of 
the  princi[iies  of  arbitrary  power;  he  has  not  evinced  any  disposition  to  abridge  the  ' 
limits  of  his  authority  in  the  slightest  degree.  The  uncoiitroliable  authority  of  that 
sceptre  which  he  wields  is  the  same  unrjnestionable  and  uutiucslioued  itoimnion  which 
has  been  exercised  ny  his  jtredecessors.  Now.  sir.  what  on  earth  can  iniluce  us  at  this 
time  to  establish  this  mission  to  the  Papal  Slates  ?  Do  we  expect  to  sustain  his  Holi- 
ness in  pursuing  the  course  which  he  has  adopted  ?  Do  we  intend  to  extend  to  him 
our  countenance  and  support?  Why.  in  that  point  of  view,  I  think  itmavheseri- 
ously  questioned  whether  we  do  not  greatly  over-estimate  the  position  which  we  occu- 
py, and  whether  his  Holiness  will  consider  himself  at  all  obliged  by  our  counteuonce 
and  support, 

♦  »•*••*« 

"  To  snch  a  mission,  sir,  I,  for  one,  am  opposed.  I  wish  for  our  Roman  Catholic 
citizens  of  this  country  precisely  what  we  all  enjoy — the  alisohile  and  unqualilied  jjos- 
session  of  all  our  religious  rights.  They  may  mak^heniselves  dependent  upon,  or  be- 
lieve themselves  dependent  upon,  aiul  to  be  bonu^ni  spirituti!  submission  to,  any  head 
of  their  church  they  please,  here  or  elsewhere.  But,  rely  upon  it,  the  establishment  of 
this  mission  will  be  considered,  by  the  great  Protestant  interests  of  this  country,  as  one 
undertaken  for  the  purpose  of  giving  a  new  character  to  that  particular  church  oC 
which  the  sovereign  PontitT  is  the  head.  If  will  be  regarded  as  placing  him  and  his 
church  in  this  country  upon  a  far  different  looting  from  that  whicli  is  occupied  hy  other 
religious  denominations  :  and  it  will  be  felt  throughoot  the  extent  of  this  land  that  the 
government  of  the  United  States  has  insUtuted.  in  reference  to  this  particular  church, 
a  proceeding  entirely  dissonant  from  its  past  policy ;  and  that  it  has  departed,  in  no 
small  degree,  from  the  jirinciples  of  universal  toleration  and  that  non-intervention  in 
religions  matters  which  the  constitution  has  prescribed.  When  we  look,  sir,  at  the 
small  amount  of  the  commerce  of  the  United  States  with  the  Papal  States;  when  we 
consider  the  absence  of  every  thing  like  an  etfort  on  the  part  of  his  Holiness  the  Pope 
to  introduce  the  principles  of  free  government  in  the  Pap-al  States,  the  idea  will  force 
itself  upon  the  minds  of  all  that,  were  it  not  for  the  thousands  of  foreign  Roman  (.'a- 
tliolic  voters  in  the  United  States,  the  efforts  of  his  Holiness  to  ameliorate  the  condi- 
tion of  his  subjects  would  have  met  with  less  sympathy,  and  the  commerce  of  the  Uni- 


386                                                              DEFICIENCY  BILL.  [Monday, 

ted  Stales  wWi  ilie  I'.ipa!  States  would  liave  attracieil  lesi  solicitu.le  from  the  occopaut  these  remarks  than  in  the  words  of  a  brilliant  and  distinguished  era" 

of  the  While  House."  tor  of  the  Emerald  Isle.     "  Oh,  Prejudice  !  where   is  thy  reason  ? 

Sir,  having  supplied   this  full  evidence  to  the  Senate,  I  h^ve  no  Oh,  Bigotry  !  where  is  thy  blush  ?" 

more  to  say,   except  this  :  The  Senator  from   North  Carolina  has  , 

evidently  mistaken  the  age  in  which  he  lives.     This  i.s  no  age  in  The  question  was  then  taken   on  the   amendment   by  yeas  and 

which  sectarian   feelings  can  be   called  into  action,  to   distiirh  the  nays  as  follows  : 

machinery  of  governments,  and  defeat  the  most  sulmary  measures  yEAp_M„sni.Alleu.  Ashley,  Bagbv,  Benton,  Cass,  D.ckitson,  Dix,  Doagia,. 
ot  national  policy.  It  is  not  in  this  age  ol  light  and  knowledge;  it  i,^„„^  pelch,  Fooie,  Johnson. 'ol  Georgia.  Moor.— 13.  * 
is  not  in  this  country,  where  all  religions  arc  protected,  and  all  N.\YS -Messrs.  Atchison.  .Vtherlon.  Badger.  Baldwin,  Bell,  Berrien.  Bradbuiv, 
creeds  are  tolerated,  that  a  wild  spirit  of  fanalicism  can  be  en-  Butler.  Calhoun,  Clayton  CViltendcnIJavis  of  Massachusetts,  Davis,  of  Mississippi, 
,.,,,„,,  '  .  ,.  '  .  .  1  .1  I:  ...,,^,;^r.  Davton.  Greene.  Hale,  Ilannegan,  Hunter.  Johnson,  ol  l^ouisiana,  Lewis,  Man- 
kindled  for  the  destruction  ol  our  social  peace,  ana  the  disruption  ^^^^^  j^j_^^^_^^  Nile,. Phelps.  Turnev,  Underwood,  Cphani,Westcott.— 2?. 
of  those  fraternal  ties  which  bind  all  true  hearted   Americans  to-  °             ■ 

getlier,  as  co-heirs  of  the  same  blessed  heritage,  of  civil  and  reli-  -j-j^g  amendment  was  therefore  rejected,  and  after  some  further 

gious  freedom.     The  Titus  Oates's  of  faction,  if  there  be  such  men,  pi-ooress  bad  been  made  m  amending  the  bill,  the  Senate, 

will  have  to  go  elsewhere  to  execute  their  wild  schemes  of  disorgan-  „".,., 

izution    bloodshed,  and  massacre.     How  better  could  I  conclude  On  motion,  adjourned. 


March  21.  | 


PETITIONS— RESOLUTIONS,  ETC. 


387 


TUESDAY,  MARCH  21,  1848 


The  VICE-PRESIDENT  laid  Ijofure  the  Senate  a  communioa- 
tion  IVom  William  C.  Anderson,  on  the  causes  ol'  the  explosion  of 
steamboilers.  and  means  of  prevention;  which  was  referred  to  the 
Committee  on  Commerce. 

MEMORIALS  ETC.,   OF  THE  LEGISLATURE   OK  ALABAMA. 

Mr.  BA(iBY  presented  a  memorial  from  the  Legislature  of  the 
State  of  Alabama,  praying  the  assent  of  Congress  to  an  act  of  the 
legislature  of  that  Stale,  leasing  the  canal  around  the  Muscle 
Shoals,  in  the  Tennessee  river j  which  was  referred  to  the  Commit- 
tee on  Public  Lands. 

Also,  a  memorial  from  the  same  Legislature,  praying  Congress^ 
to  pass  a  law  dispensiug  with  an  administration  on  the  estates  ol 
citizens  of  that  State,  who  volunteered  for  the  war  with  Mexico  in 
1846,  and  have  fallen  victims  to  disease  contracted  in  the  service  ; 
which  was  referred  to  the  Committee  on  Military  Affairs. 

Also,  a  memorial  from  the  same  Legislature,  praying  a  donation 
of  other  lands  for  school  purposes  in  that  State,  in  lieu  of  val- 
ueless sixteenth  sections;  which  was  referred  to  the  Committee 
on  Public  Lands. 

Also,  the  response  of  the  same  Legislature,  to  the  preamble  and 
resolutions  of  the  Legislature  of  State  of  Vermont,  on  the  subject 
of  slavery,  and  the  war  with  Mexico;  and  the  response  of  the  same 
Legislature  to  the  Legislature  of  the  State  of  Rhode  Island  and 
Providence  Plantations,  on  the  subject  of  the  Tariff  and  the  war 
with  Mexico;  which  were  laid  upon  the  table  and  ordered  to  be 
printed. 

Mr.  LEWIS  presented  a  memorial  of  the  same  Legislature, 
praying  a  donation  of  land  for  purposes  of  education;  which  was 
referred  to  the  Committee  on  Public  Lands. 

Also,  a  memorial  of  the  same  Legislature,  praying  the  payment 
of  interest  on  advances  made  by  that  State  for  the  use  of  the  gov- 
ernment during  the  Creek  hostiliities;  which  was  referred  to  the 
Committee  on  Finance. 

Also,  a  memorial  of  the  same  Legislature,  praying  the  extension 
of  the  right  of  pre-emption  to  settlers  on  the  public  lands  in  that 
state;  which  was  referred  to  the  Committee  on  Public  Lands. 

Also,  a  memorial  of  the  same  Legislature,  praying  a  donation  of 
public  lands  to  aid  in  the  construction  of  a  railroad  in  that  Slate; 
which  was  referied  to  the  Committee  on  Public  Lands. 


Mr.  HALE  presented  a  petition  of  D.  Lamb  and  others,  citi. 
zens  of  the  United  States,  in  relation  to  the  disposition  of  the  pub- 
lie  lands  ;  which  was  referred  to  the  Committee  on  Public  Lands. 

Also,  a  petition  of  citizens  of  Baltimore,  praying  the  abolition 
of  the  slave  trade  in  the  District  of  Columbia  ;  the  motion  to  re- 
ceive which  was  laid  upon  the  table. 

Also,  eleven  petitions  of  citizens  of  Pennsylvania,  j^raying  the 
adoption  of  measures  for  the  abolition  of  slavery  througiiout  the 
Union  ;  the  motion  to  receive  which  was  laid  upon  the  t.iblc. 

Also,  eight  petitions  of  citizens  of  Pennsylvania,  praying  the 
adoption  of  measures  for  the  immediate  and  peaceful  dissolution 
of  the  American  Union  ;  the  motion  to  receive  which  was  laid  upon 
the  table. 

Also,  a  petition  of  citizens  of  Pennsylvania  and  Delaware,  pray- 
ing the  adoption  of  measures  for  the  abolition  of,  slavery  through- 
out the  Union  ;  the  motion  to  receive  which  was  laid  upon  the 
table. 

Mr.  UPHAM  presented  the  petition  of  Sarah  Tyler,  widow  of 
a  revolutionary  soldier,  praying  an  increase  of  pension  ;  which  was 
referred  to  the  Committee  on  Pensions. 

Mr.  BENTON  presented  a  memorial  of  the  city  council  of  St. 
Louis,  praying  an  appropriation  for  the  completion  of  the  harbor 
at  that  place  ;  which  was  referred  to  the  Committee  on  Commerce 
and  ordered  to  be  printed. 

Mr.  DIX  presented  the  petition  of  John  F.  Howard,  praying 
the  establishment  of  a  line  of  mail  steamers  between  New  York 
and  Marseilles,  in  France  ;  which  was  referred  to  the  Committee 
on  the  Post  OtTice  and  Post  Roads. 

Mr.  BRADBURY  presented  a  petition  of  citizens  of  Waldo 
county,  Maine,  praying  the  establishment  of  a  mail  route  between 
Augusta  and  Bangor^  in  that  State  ;  which  was  referred  to  the 
Committee  on  the  Post  Office  and  Post  Roads. 

On  motion  by  Mr.  UPHAM,  it  was 

Ordered,  That  the  petition  of  Hayra  M.  Salamon,  on  the  files 
of  the  Senate,  be  referred  to  the  Committee  on  Revolutionary 
Claims. 


MR.   wise's  correspondence. 

Mr.  HANNEGAN  submitted  the  following  resolution,  which 
was  considered  by  unanimous  consent  and  agreed  to  : 

ficsn^mtl,  That  tliere  he  printei  firtepii  hundred  extra  eopips  of  the  coinmiiiir<:itjon 
of  the  State  Department  in  answer  to  a  call  for  the  correspondence  of  Mr.  Wise  on 
llie  snbject  of  the  slave  trade. 

Doniphan's  expedition. 

Mr.  BENTON  submitted  I  he  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to: 

FrfioIi^rAl,  Tliatthe  Secretary  of  the  Senate  he  directed  to  inquire  into  theexccniinn 
of  the  Senate's  order,  of  Jauu.iry  13tii,  directing  the  report  of  Dr.  Wishzonus  to  bo 
priated  ;  and  report  Uic  progress,  if  any,  made  in  the  execution  of  Ihe  said  order. 

retired    list    in   THE    NAVY. 

Mr.  YULEE  submitted  the  following  resolution,  which  was  con- 
sidered by  unanimous  consent,  and  agreed  to: 

Rr-iofred,  That  tlie  Committee  on  Naval  Aflairs  be  directed  to  in<|nire  into  the  pro- 
priety of  providing  for  a  retired  list  in  the  navy. 

private  bills. 

Mr.  BALDWIN,  from  the  Committee  of  Claiins,  to  whom  was 
referred  the  bills  from  the  House  of  Representatives,  for  the  relief 
of  William  Culver;  for  the  relief  of  John  Anderson;  and  for  the 
relief  of  the  heirs  of  Matthew  Stewart,  reported  them  wiihoui. 
amendment. 

deficiency  bill. 

On  motion  by  Mr.  ATHERTON,  the  prior  orders  were  sus- 
pended, and  the  Senate  resumed,  as  in  Committee  of  the  Whole, 
the  consideration  of  the  bill  from  the  House  of  Representatives, 
further  to  supply  deficiencies  in  the  appropriations  for  the  service 
of  the  fiscal  year  ending  the  30th  of  June,  184S. 

The  question  pending,  being  upon  agreeing  to  the  amendment 
submitted  by  Mr.  Atchison  yesterday — 

Mr.  ATCHISON  said:  Since  I  proposed  this  amendment,  I 
have  examined  the  amendment  submitted  by  the  Chairman  of  the 
Committee  on  Finance,  and  as  ho  is  of  opinion  that  his  amendment 
will  preclude  the  necessity  for  this,  although  I  am  not  entirely 
satisfied  that  such  is  the  case,  I  am  willing  to  withdraw  it. 

Mr.  ATHERTON.— I  do  not  know  whether  it  provides  for  tho 
case;  but  tho  amendment  I  proposed,  was  oflered  at  the  instance 
of  the  Second  Auditor  himself;  and,  unless  the  proposition  of  tho 
gentleman  comes  from  the  oflSce  where  the  clerks  are  to  be  em- 
ployed, I  would  prefer  not  to  encumber  this  bill  with  it,  especially 
as  there  must  be  a  bill  passed  for  the  next  fiscal  year,  and  it  can 
then  be  acted  upon  more  understandingly  than  it  can  now. 

Mr.  ATCHISON. — I  do  not  wish  to  embarrass  this  bill,  and  as 
the  Senator  seems  to  think  that  speedy  action  upon  it  is  necessary, 
I  will  withdraw  my  amendment. 

The  bill  was  then  reported  to  the  Senate,  and  the  amendments 
were  concurred  in, 

Mr.  BADGER. — As  no  question  has  been  presented  on  the 
mission  to  the  Papal  States  upon  which  a  vote  could  be  taken  di- 
rectly for  or  against  tho  establishment  of  such  mission,  I  will 
as  I  am  opposed  to  the  mission  altogether,  move,  in  order  to  have 
a  direct  vote,  to  strike  out  the  words  "Papal  States." 

Mr.  ALLEN  asked  for  the  yeas  and  nays. 

Mr.  BADGER. — Of  course,  if  the  motion  succeeds,  1  shall  fol- 
low it  by  a  motion  to  change  the  amount  of  appropriation. 

Mr.  HANNEGAN.— I  will  ask  the  Senator  from  North  Caro- 
lina if  he  will  allow  me  to  substitute  for  the  motion  which  he  has 
made,  a  motion  to  strike  out  the  words  "Papal  States,"  and  to 
insert  in  their  stead  "for  the  salary  of  a  minister  resident  at  the 
Papal  States,  six  thousand  dollars  " 

Mr.  BADGER. — The  honorable  Senator  will  perceive  that  that 
motion  would  not  answer  the  purpose*whieh  I  wish  to  accomplish. 
I  wish  to  strike  out  the  provision  altogether,  I  am  opposed  to 
sending  to  the  Papal  States  a  mission  of  any  description,  I  wish  to 
preclude  it  entirely. 

Mr.  WEBSTER. — I  heard  a  suggestion  made  yesterday  by 
some  gentleman  in  this  chamber,  which  I  thought  a  very  proper 
one.  and  I  would  be  happy  to  see  it  adopted.  I  understand  this  is 
a  proposition  to  make  good  certain  ascertained  deficiencies  in  the 
appropriations.  Is  it  a  proper  occasion  to  introduce  new  ofices, 
whether  chargeships  or  missions?  I  should  prefer  that  all  these 
missions,  chargeships,  or  whatever  they  may  bo,  shall  be  omitted, 
and  with  that  view  I  should  be  in  favor  of  a  motion  to  strike  out 
the  whole  proposition  which  relates  to  them. 


388 


DEFICIENCY  BILL. 


f  Tuesday, 


The  question  being  about  to  be  taken  on  (lu  moiion  to  strike 
out  the  words  "Papal  States"— 

Mr.  WEBSTER  said:  If  ray  motion  !■-  cr.^.Tliii'i''  I,  it  is  a  lar- 
ger one  still;  it  is  to  strike  out  all  tir-  i'...|iii>'!ions  im-  missions, 
and  to  contine  this  bill  to  what  it  pur|i  .i'..s  lo  li  •,  ;i  liill  to  supply 
ascertained  deficiencies  of  appropriations  lor  the  established  bran- 
ches of  the  public  service. 

Mr.  DAYTON.— I  should  like  to  understand  why  it  is  that  this 
appropriation  is  inserted  in  this  bill.  I  am  myself,  however,  in 
favor  of  permittini;  the  chargcship  to  stand. 

Mr.  ATHERTON.— I  do  not  know  what  difference  it  makes 
whether  the  missions  be  instituted  in  this  bill,  or  in  the  appropria- 
tion bill  for  the  next  fiscal  year.  The  current  fiscal  year  expires 
on  the  last  day  of  next  June.  The  President  has  recommended 
that  missions  should  he  sent  to  certain  States,  and  as  it  was  supposed 
to  be  desirable  that  these  missions  should  be  immediately  provided 
for,  they  are  inserted  in  the  bill  for  supplying;  the  deficiencies  of  _ 
appropriations  for  the  current  fiscal  year.  I  cannot  see  that  it  can 
make  anv  possible  dilleicneo  whelhe.-  ihey  be  provided  for  in  this 
bill  which  provides  for  the  expenses  of  the  year  not  yet  expired,  or 
whether  they  be  provided  for  in  the  appropriation  bills  for  the 
next  fiscal  year. 

Mr.  WEBSTER. — I  will  not  press  any  motion  to  embarrass 
the  chairman  of  the  committee,  1  will  withdraw  my  motion. 

Mr.  DAYTON.— It  strikes  me  that  the  explanation  of  the 
chairman  of  the  CommittcB  on  Finance  is  satisfactory.  If  these 
appointments  arc  to  be  made,  and  made  durin<;  the  current  year, 
I  think  this  is  the  proper  liiU  in  which  to  insert  them.  So  much 
for  the  place.  It  strikes  me  loo,  ihat  thcFC  is  no  impropriety  in 
sending  charges  to  these  several  courts,  although  I  should  object 
to  ammister  resident,  if  for  no  other  reason,  from  the  fact  that  in 
Austria  and  other  Stales  of  Europe  of  more  importance— not  only 
in  themselves,  but  as  respects  our  interests,  we  are  now  repre- 
sented by  charges.  It  is  true  Austria  is  only  represented  here 
bv  a  charge  d'atfliircs;  but  on  the  other  band  the  Papal  States  are 
not  represented  at  all.  What  reason  can  we  assign  then  to  the 
surrounding  courts  if  we  dignify  that  court  with  a  minister  pleni- 
potentiary, whilst  at  the  otiiers  we  have  agents  of  a  lower  grade  ? 
I  trust,  however,  the  clau.se  will  be.  permitted  to  stand  as  regards 
charges.  It  is  not  our  commercial  interests  only  that  are  to  be 
regarded  in  this  matter.  The  vast  body  of  our  countrymen  who 
are  continually  visiting  those  States  will  be  greatly  accommodated 
by  having  an  agent  there;  and,  as  it  is  a  matter  of  very  small  im- 
portance in  a  pecuniary  point  of  view,  I  hope  the  Senate  will 
allow  the  provision  to  remain  in  the  bill . 

Mr.  BUTLER. — 1  do  not  know  whether  I  ought  to  address  my 
interrogatories  to  (he  chairman  of  the  Committee  on  Foreign  Re- 
lations, or  to  the  chairman  of  the  Committee  on  Finance;  but  I 
would  like  to  know  whether  any  of  the  principal  Protestant  coun- 
tries of  Europe  have  representatives  at  the  Papal  courts  ? 

Mr.  MANGUM. — I  understand  that  there  has  been  no  repre- 
sentative at  that  court  from  any  Protestant  State,  except  one 
formerly  from  Great  Britain.  I  perceive  in  the  recent  proceed- 
ings of  the  British  Parliament,  that  there  is  a  proposition  to  re- 
vive a  mission  from  that  country.  I  was  not  aware  before  tliat 
one  had  ever  existed  avowedly,  although  it  was  very  well  known 
that  Lord  Minto  had  resided  there  in  the  capacity  of  an  agent  of 
the  British.     I  believe  there  is  no  minister  there  at  this  time. 

Mr.  BUTLER. — I  have  had  some  ditlieulty  in  bringing  my  mind 
to  a  conclusion  upo'n  this   subject,  and   am  very  much  inclined   to 
vote  with  the  Senator  from  North  Carolina,  to  strike  out  the  mis- 
sion altogether.     I  can  .see  no  good  reason   for  sending  a  minister 
plenipotentiary  or  a  mission  of  any  kind.     I   cannot  very  well  see 
what  he  can  do  at  Rome  to  forward  our  interests      If  we  were  to 
send  a  mission  to  the  Pope  of  Rome,  it  is  not  to  be   supposed  that 
we  should  meet  with  any  reciprocity.     It  is  not  to  be  supposed  that 
our  mission  would  make  any  impression  upon  the  institutions  which 
arc  under  the  direction  of  that  prince,  who  is  the  spiritual  and  tem- 
pornl    I  .   ;  '       '  ihc    Roman    Catholic  Church    all  over   the    world. 
'11. _^  ..o.  uuicat  is  founded  ill   intolerance  and   proscription,  and  it 
is  not  to  be  supposed  that  he  would  remit   any  of  that  intolerance 
by  reason  of  being  complimented  by  a  mission  from  us.     We  are 
conducting  the  administration  of  a  government  which  assumes  no 
jurisdiction  over   religious  matters.     Ours  is  a  government  which 
docs  not  allow  us  to  legislate  for  religion,  and   I  am   not  willing 
indirectly  to  give  eountenanec  to  a  mission  for  religious  considera- 
tions whilst  i  am  precluded  from  doing  any  thing  directly  in  refe- 
rence to  religion  within  our  own  country.     If  the  I'o])c,  as  it  is 
said,  is  determined  to  carry  out  reform,  I  do  not  think  that  he  docs 
so  in  reference  to  any  institfttions  of  ours;  it  would  therefore  be  an 
idle  compliment   to   the   Pope  to  send  a  minister   there.     What 
would  he  have  to  do?     To  take  charge  of  our  commerce?     I  un- 
derstand that  we   have   but   about  one  hundred    thousand   dollars 
worth  carried  on  with  all  the  Roman  States.     If,  then,  there  be  no 
commerce  to  justify  the   establishment   of    a    mi.ssion,  it    must    be 
created  with  reference  to    political  considerations.     We   have   no 
representative  here  and  never  will   have,  luobably,  from  the  Pope 
of  Rome,  and  is  it  expected  that  ./ur  mission  is  to  have  a  bearing 
upon   the   institutions  of  that  country?     Wliv  the  last   thing   the 
Pope  would  thank  you  for,  would  bo  for  sending  a  minister  in  the 
supposition  that  he  could  have  any  infiuence  at  that  court.     1  wish 
to  make  no   discriminntion  in   compliment   to   the  Pope  on  the 


ground  of  his  being  at  the  head  of  the  Roman  Catholic  Church. 
If  we  were  to  sena  a  charge  d'affaires,  what  business  would  he 
find  to  transact?  What  occupation  would  he  have?  There  would 
be  nothing  for  him  to  do.  He  might,  it  is  true,  employ  himself  in 
examining  the  ruins  of  the  Forum  where  Tully  declaimed,  or  he* 
might  look  from  the  Tarpeian  rock  and  make  himself  familiar  with 
those  classic  scenes  and  come  back  with  classic  associations.  Ac- 
cording to  my  present  impressions  I  shall  vote  with  the  Senator 
from  North  Carolina  for  I  can  sec  no  reason  so  far  as  regards  our 
relations  with  the  Roman  Pontiff'  or  with  his  dominions  for  send- 
ing a  representative  there. 

Mr.  HANNEGAN. — I  will  simply  say  in  reply  to  the  Senator 
from  South  Carolina  that  it  is  not  proposed  to  send  a  minister  to 
the  Pope  in  his  spiritual  character  at  all.  It  is  intended  to  evince 
sympathy  with  the  progress  of  liberty,  the  spirit  of  freedom  which 
has  burst  out  in  Italy,  its  former  cradle,  but  for  so  long  a  pe- 
riod its  grave.  Pope  Pius  the  IXth,  is  a  pote[itate  as  well  as 
head  of  the  Catholic  church  throughout  the  Christian  world. 
He  has  temporal  powers,  however,  which  authorize  other  coun- 
tries to  send  ambassadors  to  him,  and  I  can  see  no  barm  that  can 
arise  to  ourselves  in  the  adoption  of  the  same  course.  So  far  as 
the  office  of  charge  d'  affaires  is  concerned,  I  would  say  now  in 
explanation  of  what  I  shall  hereafter  do.  that  if  I  could  have  my 
will  I  would  abolish  the  office  entirely.  You  send  an  agent  abroad 
as  charge  accredited  to  whom  ?  Not  to  the  sovereign  powers  of 
the  country,  but  to  the  prime  minister.  He  cannot,  in  his  diplo- 
matic capacity,  approach  the  sovereign,  and  consequently,  it  low- 
ers his  standing,  destroys  his  influence,  and  lessens  his  weight. 
Abolish  it  altogether.  Fix  the  salary  at  the  same  rale  if  you 
please,  but  change  the  name.  So  far  as  the  expense  is  concerned 
It  is  but  a  trifle,  and  I  do  hope  that  it  wdl  not  be  refused  as  the 
mission  to  Rome  is,  in  some  respects,  important.  As  was  said  by 
the  Senator  from  North  Carolina,  Rome  is  the  emporium  of  the 
intelligence  of  Europe.  Rome  is  the  fountain  of  not  only  the  lit- 
erature but  of  the  political  knowledge  of  all  Europe.  So  far  as 
the  objection  of  the  Senator  from  South  Carolina  is  concerned, 
that  tiie  Pope  will  send  no  representative,  sir,  let  rue  say  it  is 
well  understood  that  if  we  send  a  mission  it  will  be  reciprocated. 

Mr.  CASS.— Mr.  President,  I  did  not  intend  to  speak  upon  the 
question  of  sending  a  diplomatic  agent  to  Rome,  and  had  I  not  re- 
ceived some  foreign  journals,  which  contain  a  good  deal  of  infor- 
mation on  to])ics  alluded  to  yesterday  by  the  honorable  Senator 
from  North  Carolina,  [Mr.  B.4dger,]  "I  should  have  contented 
myself  with  a  silent  vote  in  favor  of  the  proposition.  That  Sena- 
tor seemed  to  call  in  question,  if  not  the  sincerity  of  the  Pope,  at 
least  the  importance  of  the  reform  he  has  thus  far  accomplished. 
Mr.  President,  circumstances  are  occurring  in  Europe,  which 
give  to  this  whole  subject,  a  new  and  interesting  aspect.  Un- 
doubtedly tlie  Papal  dominions  are  neither  lar"e  in  their  geogra- 
phical extent,  nor  very  important  in  their  productions  or  popula- 
tion. Still  however,  they  compose  a  state  of  the  third  order  in 
Europe,  like  Portugal,  Denmark  and  Sweden,  and  which  is  infe- 
rior to  Holland,  but  superior  to  Greece.  It  stretches  across  the 
peninsula  ot  Italy  from  the  Mediterranean  to  the  Adriatic,  hav- 
ing Naples  on  the  south,  and  the  Tuscan  and  Austrian  possessions 
on^tho  north.  It  has  two  principal  ports,  Civita  Vechia  on  the  wes- 
tern coast,  and  Aneona  on  the  eastern.  It  has  not  nmch  commerce, 
nor  are  its  manufactures  or  agriculture  in  a  flourishing  condition, 
owing  to  the  abuses  of  the  government  and  the  oppression,  which 
has  prevailed  there  for  many  centuries.  These  states  form  a  tem- 
poral sovereignty,  governed  by  the  Pope,  the  acknowledged  head 
of  the  Catholic  church.  A  good  deal  has  been  said,  sir.  about  the 
impropriety  of  sending  a  diplomatic  agent  to  an  ecclesiastical 
court.  But  our  relations  with  the  Pope  are  with  him  as  a  tempo- 
ral prince,  and  not  as  the  sovereign  Pontiff.  He  has  all  the  rights 
of  any  other  sovereign,  the  right  to  declare  war,  to  make  peace, 
to  conclude  alliances,  and  to  do  any  thing,  which  of  right  an  in- 
dependent government  may  do.  I  do  not  understand  at  all,  sir, 
what  eflect  the  ecclesiastical  functions  of  the  Pope  can  have  upon 
his  rights,  as  the  head  of  an  independent  state.  We  do  not  pro- 
pose lo  send  a  diplomatic  agent  to  him,  as  a  clerical  personage, 
but  as  one  of  the  acknowledged  powers  of  the  world.  His  lunc- 
tions  and  position  as  the  head  of  a  great  branch  of  the  Christian 
church,  this  government  has  no  concern  with.  But  with  his  domi- 
nions we  have  relations,  and  policy  seems  to  me  to  require,  that 
these  should  now  be  extended  and  augmented. 

The  last  packet  from  Europe  has  brought  us  news  of  striking 
and  stirring  events  there.  A  new  revolution  has  broken  out  in 
France,  and  no  man  can  tell  when  or  where  will  be  its  end.  Its 
appearance  is  no  less  portentous  than  unexpected,  and  in  various 
other  countries  upon  the  eontineul  of  Europe  the  people  are  in 
ccnnmotion,  feeling  their  wrongs,  asserting  ihcir  rights,  and  deter- 
mined to  burst  the  lionds  of  oppression  in  which  they  have  been  so  ■ 
long  held. 

Wc  cannot  mistake,  and  ought  not  to  misunderstand  these  si^ns 
of  the  times.  Human  rights  are  everywhere  advancing,  or  rallicr 
man  is  awakening  to  a  knowledge  of  iiis  rights,  and  a  conviction 
of  his  strength.  The  desire  of  liberty  is  an  instinctive  feeling  in 
the  human  breast;  but  the  ]naetical  enjoyment  of  liberty  secured 
against  wild  licentiousness  is  a  problem  sometimes  of  ilillicult  solu- 
tion. It  wassolved  here  by  our  institvilions,  by  the  nature  of  our 
society,  and  by  the  iiitelligcnec  of  our  people.  In  fact  wp  were 
always  free;  and  it  was  rather  the  fear  of  ojipression,  the  fear  ol 
the  consequences  of  the  establishment  of  British  legislative  supre- 
macy in  our  internal    concerns,  than  any  actual  oppression,  which 


March  81.] 


THE  MISSION  TO  ROME. 


.389 


drove  our  fathers  to  resistance,  and  taught  that  blessed  lesson  of 
equal  rights,  which  the  world,  if  slow,  is  sure  to  learn.  But  in 
other  countries,  under  less  favorable  circumstances,  where  despo- 
tism has  entered  into  the  social  system  the  road  to  free  govern- 
ments is  beset  with  trials  and  difficulties.  The  habits  of  society 
must  be  changed,  and  this  itself  is  no  easy  task  in  the  old  regions 
of  the  eastern  hemisphere.  ElTort  after  elTort  has  often  to  be 
made;  but  experience  and  knowledge  are  acquired  at  every  step 
of  the  progress,  and  the  public  mind  is  enlightened  by  the  conllict 
itself.  Excesses  have  taken  place,  which,  while  they  cannot  bo 
justified,  find  much  alleviation  in  the  condition  of  things.  Revo- 
lutions are  made  here  by  the  ballot-box,  Init  in  Europe  by  the 
cartridge-box.  Political  intelligence,  however,  comes  with  time 
and  experience,  and  if  it  comes  with  trials  and  suflerinirs,  its  ad- 
vent is  not  the  less  certain,  and  will  not  prove  tlie  less  efficacious. 
National  struggles  constitute  a  groat  school,  where  lessons  of 
freedom  are  learned,  and  though  they  maybe  often  cheeked  and 
interrupted,  still  their  progress  is  onward,  and  their  result  we  may 
hope  beyond  the  reach  of  arbitrary  power.  We  arc  no  propagan- 
dists. We  acknowledge  the  right  of  all  other  people  to  establish 
and  maintain  their  own  governments  in  their  own  way,  contcut  to 
enjoy  the  same  privilege  ourselves.  This  has  always  been  our  princi- 
ple, and  I  hope  alwavs  will  be  ;  but  wc  cannot  shut  our  eyes  to 
what  is  going  on  in  the  political  world,  nor  oujjht  we  to  shut  our 
hearts  against  the  emotions  they  naturally  excite.  If  we  ought 
not  to  give  them  our  aid,  we  can  give  them  our  sympathy,  .and  the 
sympathy  of  twenty  millions  ol  people  cannot  but  exert  a  happy 
influence  upon  the  struirgling  masses,  contending  for  themselves,  in 
our  day,  for  what  our  fathers  acquired  for  us  in  theirs. 

Now,  sir,  I  do  not  think  that  the  Pope  is  liable  to  the  charge  of 
having  done  nothing  to  meliorate  the  political  condition  of  the 
people,  over  whom  he  reigns.  We  must  recollect,  and  make 
allowances  for  the  difficulties  of  his  position.  He  cannot  under 
all  circumstances  act  as  he  would.  He  is  in  the  neighborhood  of 
strong  military  powers,  opposed  by  principle  and  interest  to  politi- 
cal reforms.  His  people  have  .been  educated,  and  lived  under  a 
condition  of  things  vastly  different  from  ours.  And  he  may  well 
move  with  a  degree  of  slowness  incompatible  with  our  ideas  of 
political  progress.  But,  sir,  the  London  papers  that  I  hold  in  my 
hand,  received  by  the  last  packet,  show,  that  ho  is  still  moving, 
and  moving  efTcctually.  The  following  extracts  ar  e  from  the  Daily 
News  of  February  lo,  1848  : 

"Advices  from  RoniR  ot"  the  15lli,  have  atrived,  and  brin^  the  confirmation  of  the 
anticifialioiis  we  lately  e.xpresseii.  AOerreceiviii":  the  opinion  of  lJicToio<,'ians  in  favor 
of  a  constitntion,  the  Pojie  inimciiiately  convolieii  a  secret  consislory,  composed  of  all 
the  cardinals  present  in  Rome,  to  wliicil  he  jiut  the  same  question,  and  whose  answer 
is  reported  to  he  favorable.  The  constitution,  in  line,  is  decided  on.  Notiiin^' rlefi- 
iiite  wa-s  settled,  ;is  to  llie  mode  of  carrying  it  into  elTect ;  hut  it  was  ...lid  I  hat  a  l^i^cd 
commission,  ecclesiastical  and  laical,  would  be  appointed  to  prepare  a  draft  of  the  con- 
stitution, which  would  tie  published  with  all  convenient  speed.  Various  reports  were 
in  circulation,  tsome.  that  there  woaM  be  two  Chamheis  ;  the  higher  consisting  of 
Roman  princes  and  cardinals  ;  the  second,  of  members  of  the  conned  of  Stale,  &c. 
Cardinal  I.ambruschiui  supported  the  measure,  as  being  fjuite  indisitensable  in  the 
present  state  of  Italy,  and  the  only  means  of  establishing  union  aiul  concord  between 
the  superior  clergy  and  tlie  people." 

Ro.MK,  February  l.i. 

The  journals  of  this  morning  liavc  come  out  with  red  [iriuting  ink,  to  glorify  the 
three  constitutional  .diartersof  Turin,  Tuscany,  and  Naples.  The  Pope  sent  yesterday 
a  circular  note  to  every  cardinal  in  Rome  lo  attend  at  the  Cluirinal,  and  though  the 
consistory  was  secret  its  object  is  not  doubled.  Cardinal  Palrizi.  the  vicar  general  of 
Rome,  a  retrogade  and  narrow-  minded  ascetic,  has  resigned  his  otlice,  and  is  succeeded 
by  Cardinal  Orioli,  a  raau  of  enlarged  understanding,  and  conversant  with  human 
nature. 

The  Jews  of  Rome  have  clubbed  to  furnisli  the  civics  with  a  field-piece. 

The  Pope  makes  no  progress  towards  the  performance  of  his 
promises  !  No  progress,  sir,  when  it  is  pcrl'cctly  known  in  Rome 
that  a  new  state  of  things  upon  more  liberal  principles  is  in  prepa. 
tioii!  When  a  constitution  is  discussed  by  the  government  and  the 
people,  and  as  openly  announced,  as  it  is  confidently  expected! 
No  progress,  when  the  journals  of  Rome  are  filled  with  ihe  details 
of  the  revolutionary  movements  in  Italy,  and  commend  them  to 
the  favor  of  the  Roman  people!  No  progress,  when  cannon  are 
openly  purchased  by  the  Jews  and  presented  to  their  Christian 
brethren,  formed  into  a  civic  guard!  Remember  where  all  this  is, 
sir,  under  the  very  dome  of  .St.  Peter's,  in  the  shade  of  the  Colis- 
seutn,  and  where  an  unmitigated  despotism  has.prevailed  for  ages. 
Has  freedom  gained  nothing,  when  the  seven  hills  themselves  re- 
sound with  the  cries  of  lilierty,  and  when  the  Vatican  is  open  to 
the  complaints  and  the  demands  of  the  people?  These  are  preg- 
nant signs,  sir.  The  first  step  has  been  taken  in  that  career,  where 
there  can  be  no  retrogade  movement.  If  the  government  h.ad  the 
will,  it  has  not  the  power  to  stop  it.  If  it  is  wise,  it  may  direct  it  and 
bring  it  to  a  happy  conclusion  But  that  can  only  be  done  by  con- 
vincing the  people  of  their  sincerity,  and  of  their  disposition  to  es- 
tablish liberal  principles,  suitable  to  the  present  age  of  the  world. 
If  this  is  done,  it  will  be  well  done.  If  not,  the  oft  renewed  con- 
test between  the  few  and  the  many  will  take  place,  and  in  these 
days  the  many  know  their  strength,  and  know  how  to  exert  it 
successfully. 

It  seems  to  me  the  Pope  has  shown  himself  both  a  wise  and  a 
liberal  sovereign.  Nothing  proves  his  favorable  disposition  to- 
wards political  meliorations''better  than  the  unquiet  jealousy  with 
which  he  is  regarded  by  the  despotic  powers  of  Europe.  Imme- 
diately on  his  elevation 'to  the  chair  of  St.  Peter,  this  leeiing  man. 
il'ested  itself,  in  consequence  of  his  avowed  deterrainationlo  re- 
form the  errors  and  abuses  o?  his  trovernment.  It  is  not  a  little 
curious,  sir,  that  the  justice  which  the  Senator  from  South  Caro- 
lina, [Mr.  Butler,]  refuses  him.  Lord  Palmerston  voluntarily 
tenders  to  the  course  of  his  policy.     In  a  letter  just  published  from 


that  statesman  to  the  British  ambassador  at  Vienna,  dated  August 
12,  1847,  to  be  communicated  to  the  Austrian  government,  he 
says  : 

'■  Her  Majesty'sgovernment  have  received  no  lurormation  as  to  the  existence  of  any 
such  scheme  as  that  which  Prince  iMptteruicii  mentions  in  his  second  despatch  as  be- 
ing planned  for  the  purpose  of  uniting  the  now  separate  Stales  of  Italy  in  one'federal 
republic;  and  her  JIajesty's  government  entirely  agree  with  his  Highness  in  thinking, 
for  the  reasons  which  he  assigns,  that  such  ;;  scheme  could  not  be  accomplished.  But, 
on  the  other  hand,  her  jMajesty's  government  have  been  convinced,  by  inlbrmation 
which  has  reached  them  from  a  great  variety  of  quarters,  that  deep,  widely  spread,  and 
well-fonnderl  discontent  e.\ists  in  a  large  portion  of  Italy;  and  w  lien  it  is  considered 
how  full  of  defects,  and  how  teeming  with  abuses  of  all  kinds,  the  present  svstem  of 
government  in  several  of  Uiose  Stales,  and  more  esjiecially  in  the  Roman  Slates  and 
ill  the  Kingdo.n  of  Naples,  are  known  to  be,  it  cannot  be  surprising  tiiat  such  crvin<. 
evils  should  generate  the  strongest  discontent;  audit  is  very  po<y^ible  that  men  who 
feel  Ihe  full  intensity  of  the  grievances  under  which  they  now  are,  and  have  for  alon« 
series  of  years  been,  and  who  see  no  hojie  of  redress  from  the  present  rulers,  should 
take  up  any  scheme,  however  wild,  from  wliieh  tliey  may  fancy  they  could  derive  a 
chaijce  of  relief. 

"  This  obscrvaliou  does  not,  indeed,  apply  with  full  force  to  the  Roman  Stales,  lie-  ■ 
cause  the  present  Pope  Juts  shown  a  desire  to  adopt  many  of  those  much-needed  re- 
forms and  improvements  which  in  Irt:t'J  Austria,  in  conjunction  with  Great  Ilritain, 
France.  Russia,  and  Prussia,  urgently  advised  the  late  Pope  to  carry  into  execution; 
anil  it  may  tie  hoped  Ihat  if  the  Pope  is  encouraged  and  assisted  by  Austria  and  the 
other  lour  powers,  in  removing  the  grievances  of  which  his  subjects  have  long  com- 
plained, the  discontent  which  those  grievances  have  created  will  soon  die  away. 

'•  But  there  are  other  Stales  in  Italy,  and  more  especially  in  the  Kingdom  of  Na- 
ples, where  reforms  and  improvements  are  required  almost  .xs  much  as  in  the  Romau 
territory:  and  her  Majesty's  governmeni  would  ho|)e  that,  as  no  European  power  is 
more  interested  than  Alistria  in  preserving  the  inlernal  tranquility  of  Italy,  so  will  the 
great  and  well-known  influence  of  Austria  in  Naples  b.-'  beneficially  exercised  in  en 
coiir.iging  those  reforms  anil  improvements  which  will  lend  to  remove  the  discontent 
from  wlii.h  alone  would  spring  any  dangers  by  which  that  tranquility  is  likely  lo  be 
Itireateaed. 

"  Your  K.\celleticy  will  read  this  despatch  lo  Prince  Metlernich,  and  will  give  his 
Ilighnesii  a  copyof  it.     I  am,  &-c. 

[Signed.]  '•  PALMERSTON." 

In  another  letter  of  September  11th.  he  says  ; 

"The  Austrian  governmeni  lias  recently  asked,  and  has  received  the  assent  of  the 
goveninient  of  Gienl  Britain  to  Ihe  iiriiiciple,  that  the  several  States  into  which  Italy 
IS  divided,  are  entitled  to  defend  and  maintain  their  independence;  and  thai  this  inde- 
peiideiice  ought  to  be  respected,  and  to  be  held  inviolate  by  all  the  other  jioweis  of  Eu- 
rope ;  and  her  Majesty's  governmeni,  in  e.vpressing  llierr  assent  10  this  indisputable 
|iroposition,  coupled  with  it  auothri.  which  they  conceive  to  be  equally  undeniable, 
that  every  independent  Sovereign  has  a  ri"ht  lo  itiake,  within  his  own  dominions,  such 
reforms  and  iniprovemenLs  as  lie  may  jiulge  conducive  to  the  well^arc  of  the  people 
wdiom  he  governs  ;  and-lhat  no  other  governmeni  can  be  entitled  to  forbid  or  to  re- 
strain such  an  exercise  of  one  of  the  propel  atlrihutes  of  indejieiident  soveriegnty ; 
and  her  Majesty's  government  are  convinced  that  the  cabinet  of  Vienna  must  be  ready 
to  acknowlcdire  so  plain  a  political  truth.  Whatever  reports,  therefore,  niav  have 
readied  her  Maiesty's  govcriimeiit  as  to  late  transactions  and  recent  diplomatic  com- 
munications in  Italy,  they  are  pen.uaded  Uiat  Ihe  government  of  Austria  cannot  con- 
template or  have  anthorizeil  any  [iroceedings  at  variance  with  the  principh.s  above 
mentioned  ;  and  that  neither  with  regard  to  the  King  of  Sardinia  nor  with  regard  to 
the  Pope,  can  the  Austrian  goverunicnt  have  any  inti-ntion  of  converting  an/meas 
arcs  of  internal  legislation  or  .administrative  nrform  which  those  sovereigns  may  think 
lit  to  adojit  III  their  resjieclive  dominions,  into  an  occasion  for  any  aggression  svlialever 
upon  their  teirilories  or  rights  Her  Majesty's  government,  indeed,  would  deeply  re- 
gret the  occurrence  of  events  which  it  would  be  impossible  for  Great  Britain  to  view 
with  indifference. 

"The  crowns  of  Greal  Britain  and  of  .Sardinia  have  long  been  bound  logelher  by 
the  lies  of  faithful  and  intiniate  alliance  ;  and  Great  Britain  can  never  forgetor  repu 
diale  claims  founded  upon  such  honorable  grourds. 

"The  integrity  of  the  Roman  Stale  may  be  considered  as  an  essential  element  of 
the  political  independence  of  the  Italian  Peninsula  ;  and  no  invasion  of  the  territory 
of  that  Slate  could  take  place  without  leading  to  consequences  of  great  gravity  and 
imjiortance. 

"Yonr  Excellency  will  read  this  despatch  to  Prince  Metlernich,  and  will  give  hira  a 
copv  of  it.     I  am,  &c., 

(Sign-tl-l  ^  P.^LMERSTON." 

This  is  a  remarkable  correspondence.  The  despotism  and  abu- 
ses of  the  Italian  government  are  distinctly  acknowledged,  as  well 
as  the  necessity  for  changes  and  meliorations,  and  the  beneficial 
efforts  of  the  Pope  are  commended  and  approved.  As  soon  as 
the  Pope  announced  his  intended  reforms,  the  echo  spread  through 
Italy,  animating  the  people  of  the  Italian  Slates,  and  exciting 
them  to  prom|it  and  vigorous  action.  A  revolution  is  in  progress 
in  Naples,  which,  if  not  terminated  by  concessions  on  the  pa'rt  of 
the  King,  must  end  in  the  fall  of  the  dynasty,  or  in  the  establish- 
ment of  a  republic.  Whatever  erent  may  happen,  freedom  is 
sure  to  be  the  gainer  by  the  movement.  Tuscany,  too,  has  heard 
and  heeded  this  cry  fur  liberty.  And  the  latest' news  from  there 
informs  us  that  the  "Grand  Duke  has  given  a  constitution  to  Tus- 
cany. The  news  has  just  arrived  here,  [Leghorn,]  and  as  I  write 
the  lortress  is  saluting  and  the  bells  ringing.  It  is  understood  lo  be 
more  democratic  than  that  of  Piedmont  ;  indeed  it  could  not  well  be 
otherwise,  as  there  arc  not  the  elements  for  a  purely  aristocratic 
chamber  in  Tuscany.  I  avail  myself  of  a  steamer  startin"  for 
Genoa  to  send  this."  And  the  King  of  Sardinia,  but  reecnUy  as 
deeply  imbued  with  the  spirit  of  despotism  as  any  sovereisn  in'Eu- 
rope,  in  a  proclamation  issued  on  the  8th  of  last  February,  recog- 
nizes that  the  "the  times  are  ripe  for  greater  things  ;"  an 
.admission  which  is  itself  a  pregnant  proof  of  the  progress  of  po- 
litical reform,  as  already  made.  He  lays  down  the  programme  of 
a  constitution  based  upon  a  representative  covernment.  and  with 
limitations  and  guaraiilccs  which  will  ensure  much  and  provide 
the  way  for  much  more.  He  concludes  with  this  remarkable 
paragraph.  I  have  heard  sentiments  less  liberal  in  places  they 
would  quite  as  well  become  as  the  court  of  Charles  Albert  ; 

■■May  God  protecl  Ilie  new  era  wliuli  op,-ii5  to  our  ]ieople,  and  nnlii  llicv  can  cnjov 
tlie  greater  hlierties  acquired,  of  wliich  thev  are  and  will  be  desorvlni',  we  expect  from 
them  the  rigorous  observances  of  laws  in  vigor,  and  the  maintenance  of  the  tranquil- 
ity so  necessary  to  Ihe  termination  of  the  task  of  Uie  inteni,al  on-anizatiou  of  the  State. 

"Given  at  Turin,  Uie  8th  of  Februarv,  1S48. 

•  CHARLES  ALBERT." 

Liberty  must  often  be  purchased  by  sacrifices.  But  when  once 
established,  it  is  worth  all  it  costs.  I  am  satisfied,  that  the 
French  revolution,  lamentable  as  many  of  its  occurrences  were, 
has  conduced  more  to  political  freedom  and  social  regeneration, 
than  any  of  the  events,   perhaps   I  may   say  than  all  the  events, 


390 


DEFICIENCY  BILL. 


[Tuesday, 


■which  marked  the  progress  of  the  five  preceding  centuries.  It 
swept  away  the  accumulated  abuses  and  oppressions  of  ages, 
and  it  seems  to  have  given  new  vigor  to  the  human  faculties 
as  well  as  new  power  to  human  exertion.  Let  him  who  wishes 
to  learn  the  last  outrages  of  licentious  power  and  the  degrada- 
tion of  the  people,  study  the  history  of  France  before  the  revo- 
lution. 

Now,  sir,  it  has  been  asked,  why  a  diplomatic  agent  should  be 
sent  to  Rome  ?  For  the  same  reason  that  similar  agents  are  sent 
anywhere,  and  for  other  reasons,  arising  out  of  peculiar  circum- 
stances. We  have  some  commerce  with  the  Papal  States,  and 
many  American  citizens  reside  there,  for  longer  or  shorter  periods, 
led  by  the  study  of  the  fine  arts,  and  by  those  associations  which 
will  always  make  the  eternal  city  an  object  of  interest  to  all  civil- 
ized people  upon  the  face  of  the  earth.  This  commerce  and  these 
.  citizens  require  protection.  And  besides,  sir,  we  occupy  an  im- 
portant position  in  the  world.  It  is  proper  that  we  should  be  re- 
presented at  the  various  European  courts,  where  questions  are 
daily  arising  interesting  to  us  as  well  as  to  other  nations.  Our 
"ovcrnmcnt  may  nceil  a  better  knowledge  of  events  than  is 
furnished  by  the  newspapers  of  the  day.  Rome  is  at  all  times 
of  considerable  importance,  even  in  the  political  world.  To  be 
sure  it  does  not  possess  much  physical  strength,  but  it  possesses 
and  exerts  a  moral  power,  a  moral  temporal  power,  which  has 
often  been  sensibly  felt  in  the  world.  And  at  the  present  moment 
the  circumstances  to  which  I  have  alluded  have  given  it  additional 
importance.  The  eyes  of  Christendom  are  upon  its  sovereign. — 
He  has  given  the  first  blow  to  despolism — the  first  impetus  to  free- 
dom. Mueli  is  expected  of  him.  I  hope  and  trust  he  will  not  dis- 
appoint these  e.xpejtations,  and  while  events  are  marching  to  their 
consummation,  the  diplomacy  of  Europe  will  find  full  employment 
at  his  court,  and  its  ablest  professors  will  be  there.  Our  govern- 
ment ought  to  be  represented  there  also.  It  is  proper  that  the  in- 
terest we  feel  under  circumstances  like  these,  should  be  displayed, 
if  with  proper  caution,  certainly  without  concealment. 

As  to  the  srade  of  the  minister,  I  think  it  should  be  of  the  first 
class.  The  Congress  of  Vienna  establisbed  three  classes  of  diplo- 
matic agents  accredited  to  the  sovereign  or  chief  magistrate  of  a 
country- — -ambassadors,  envoys  extraordinary  and  ministers  pleni- 
potentiary, and  ministers  resident.  The  former  we  neither  send 
nor  receive  ;  the  two  latter  belong  to  our  diplomacy.  As  to  char- 
ges, they  are  accredited  only  to  the  Secretary  of  State,  and  not  to 
the  head  of  the  government.  Their  situation,  therefore,  is  not  so 
favorable,  as  precedent  and  position  are  important  elements  in  the 
social  and  political  systems  of  Europe.  For  myself  I  shall  vote 
for  a  mission  of  the  first  class,  and  if  that  fails,  for  one  of  the  se- 
cond, and  failuig  that,  for  a  charge.  This  is  precisely  one  of  those 
periods  when,  if  we  appear  at  a  new  European  court,  we  should 
appear  under  the  most  favorable  circumstances,  and  I  do  not  think 
that  the  difference  in  pay  merits  a  moment's  serious  consideration 
when  compared  with  the  objects  to  be  obtained. 

A  good  deal  has  been  said  about  the  political  relation  between 
England  and  Rome.  Well,  sir,  there  are  no  such  relations  openly 
subsisting  between  these  two  powers.  Soon  after  the  reformation 
an  act  of  the  English  Parliament  i)rohibited,  under  heavy  penal- 
ties, all  communication  with  the  Papal  court.  That  act  yet  re- 
mains in  force,  and  no  English  representative  has  since  then  resi- 
ded at  Rome.  But  from  the  very  necessity  of  the  case,  communi- 
cations have  subsisted,  though  they  liave  been  carried  on  through 
the  English  minister  at  Florence.  The  British  government  have, 
however,  in  fact,  an  agent  at  Rome — Lord  Minto,  who,  though 
unacknowledged,  is  truly  their  representative  there.  But  this  po- 
sition of  things  is  found  to  be  an  asvkward  one,  and  a  proposition  is 
before  Parliament  to  repeal  the  prohibitive  act,  passed  in  an  age 
of  intolerance.  Pi^blie  demonstrations,  however,  have  been  made 
against' it,  and  one  would  scarcely  have  expected  that  feelings  so 
unworthy  of  the  times,  would  have  been  exhibited  in  the  British 
capital  as  appear  by  the  following  extract  to  have  manifested  them- 
selves : 

'■  Dn'LOMA'ili:  U1--I.ATION.S  WITH  RoMK. — A  nuiiKToiislj-  aUeiiiled  mt-eting  was 
held  yesterday  at  Willis's  Rooms.  Kiii;:-alreet,  tor  the  iiurjiose  of  pelilionin^  Parlia- 
ment against  the  measure  lor  e*tahlisliing  di|iloniatii-  relations  with  Rome.  "The  bnsi- 
ness  of  llie  nieetin;;  was  opened  wth  a  jirayer  from  the  Rev.  Mr.  Thelwall.  Mr. 
Pluinptre,  M.  P.,  who  occupied  the  chair  in  the  ahseni-e  of  the  Ear!  of  Winehilsea, 
Tt-ad  letters  of  apology  from  the  Risliop  of  T.landatTand  several  members  of  the  House 
of  ('ouimons,  who  hail  been  inviteil  to  allend.  Mr.  (i.  R.  (Jlerk  proposed  the  flt^l  re- 
sohition,  to  the  eft'ee-  tliat  the  measure  introduced  into  the  House  of  Lords  was  oppo- 
sed to  the  Bill  of  Rigtils  and  the  .\cl  of  Settlement,  and  would  be  a  violation  of  tlie 
constitution.  Al\er  stating'  his  view  of  the  law,  he  decl.-ired  he  looked  upon  the  mea- 
sure introduced  into  the  House  of  Lords  a-s  one  comin';  from  a  [lopishly  influenced 
iuinistry." 

Similar  causes,  they  say,  produce  sitnilar  effects,  and  similar 
fcelinjjs  produce  similar  declarations.  Yesterday  we  heard  the 
administration  denounced  as  a  popishly  influenced  administration, 
because  it  proposed  to  semi  a  minister  to  Rome,  and  to-day  wo 
road  the  same  denunciation  against  the  British  governnicnt,  be- 
cause it  recommended  the  same  measure.  The  world  has  yet 
much  to  learn  before  the  spirit  of  intolerance  dissappears  from 
among  men.     But  the  extract  continues  : 

■•  This  eoniitrv  was  always  at  war  with  Rome,  ami  lie  hopeil  ii  ever  woiilil  eontinnc 
at  that  war  till  Rome  was  e\1in!.'mshcd  ^and  let  them  determine  to  have  no  popery 
ami  no  peace  with  .\nticliri>t.  The  ^solution  was  then  put  and  carried  uiiani- 
mously." 

Scotland,  too,  has  a  little  of  the  old  leaven  : 

"  Edinbi-rou,  Vev.  23. — Here  "-■war  to  the  linifr-''  will  he  declared  apainsl  the 
augmentation  of  the  income  lax,  and  diplomatic  relations  with  Rome." 

It  is  surprising,  sir,  how  long  it  requires  to  toach  the  world  al- 


most the  first  lesson  of  Christian  duty — that  men  should  be  allow- 
ed to  worship  God  in  their  own  way,  and  that  their  civil  rights 
should  not  depend  upon  their  religious  faith.  At  this  very  moment 
a  great  contest,  involving  this  principle,  is  going  on  in  England. 
The  government  has  proposed  to  abolish  the  disabiltiies  which  ages 
of  barbarism  imposed  upon  members  of  the  Jewish  persuasion. — 
The  proposition  has  been  carried  by  a  small  majority  in  the  House 
of  Commons,  but  its  fate  is  considered  doubtful  in  the  House  of 
Peers.  In  the  mean  time  the  tory  journals  are  attacking  it  and 
denouncing  it  as  a  measure  fraught  with  the  most  dangerous  con- 
sequences. The  Morning  Post,  one  of  the  exponents  of  British 
aristocratic  principles,  of  February  15th,  says  : 

"  In  adnidtiiig  .lews  to  le^'islative  power,  would  not  the  Le;;islatnre  exhibit  a  fall- 
ing awav  from  rational  Christianity  1  Does  it  not  indicate,  at  le<ast.  indifference  and 
lack  of  earnest  zeal  for  the  honor  oi'  Christianity  of  the  Legislature  deliberately  change 
the  law  for  the  purpose  of  admitting  those  who  0[>enly  deny  the  truth  of  Christianity 
to  a  share  in  the  national  legislation  and  government  1  We  cannot  but  answer  these 
<luestioiis-iu  the  altirmative.  As  we  view  the  matter,  it  is  one  of  which  the  just  deter 
inination  lies  not  wholly  within  the  domain  of  argumentation.  It  concerns  also  the 
religions  and  national  sentiment  of  the  country;  and  we  are  not  a.shamed  to  avow 
that,  in  our  regard,  the  national  sentiment  of  "Great  Britain  and  its  religious  feeling 
are  averse  from  the  intermixture  of  Jewish  thought  and  Jewish  character  with  the  le- 
gislation to  which  we  must  all  yield  obedience." 

All  this  intolerance,  civil   and   religious,  in  Christian  conntries, 

is  in  strange  contrast  with  an  event  which  took  place  in  Constan- 
tinople on  the  21st  January  last,  as  I  learn  from  a  journal  of  that 
city,  which  I  hold  in  my  hand.  A  Papal  nuncio  had  just  reached 
there  and  had  been  recived  with  great  distinction  by  the  Ottoman 
court.  I  commend  the  following  remarks  of  the  Turkish  journal, 
which  notices  this  event  as  the  first  one  of  the  kind  in  the  Ottoman 
annals,  to  all  who  sec  the  beast  of  the  Apocylipse  the  Catholic 
church,  and  disregard  the  precepts  of  the  Founder  of  Christianity, 
at  the  very  moment  they  profess  an  exclusive  zeal  for  the  reli- 
gion he  taught  : 

"  Now,  what  a  beautiful  spectacle  is  presented  to  the  world  by  the  arrival  of  a  Pa- 
pal nuncioto  sign  a  reconciliation  between  the  Christian  and  Mussulnian  world  !  Is 
it  not  a  decided  proof  of  the  sentiments  of  toleration,  which  are  every  where  sub-stiiu- 
ted  for  thesenlimenti  of  hatred  and  fanaticism  ?  If  the  chair  of  St.  Peter  is  hajipiiy 
occupied  now  by  a  man  whose  heart  is  noble  and  generous,  who  forms  the  hope  of 
Italy  and  the  ad'miration  of  all  Europe  ;  we  see  upon  the  throne  of  the  Sultans  a 
prince,  who  commenced  his  reign  by  the  celebrated  declaration  of  Gul-Hane,  the  basis 
of  allsonr  reforms  and  of  all  our  meliorations  ;  who  has  abolished  the  punishment  for 
death  and  confiscation,  by  putting  under  the  safeguard  of  tbe  laws.  Uie  lifeand  honor 
of  the  lowest  of  his  subjects,"  tec 

Mr.  President,  there  are  other  sovereigns  besides  that  of  Rome, 
who  assume  the  title  and  some  of  the  functions  of  the  head  of  the 
church.  The  Queen  of  England  is  the  legal  head  of  the  English 
church,  and  if  she  cannot  exercise  episcopal  powers,  she  can  make 
Bishops.  The  Russian  Emperor  is  the  head  of  the  Greek  chtarcli, 
and  I  balieve,  that  this  is  not  a  mere  title,  but  that  it  invests  him  in 
some  measure,  with  a  sacred  character,  which  has  probably  niore 
than  once  protected  him  in  perdous  circumstances.  Before  the 
dissolution  of  the  German  Empire,  there  were  many  ecclesiastical 
sovereigns  in  Gerniany,  such  as  the  Archbishop  of  Treves,  the 
Archbishop  of  Colosrne,  and  others.  They  were  the  heads  of  their 
respective  states,  and  maintained  all  those  political  relations  with 
other  powers  which  are  recognized  by  the  laws  of  nations.  Their 
ecclesiastical  functions  had  no  'connection  with  their  temporal 
power. 

It  is  doubted  here,  sir,  whether  the  Protestant  powers  of  Conti- 
nental Europe  maintain  diplomatic  relations  with  the  Papal  gov- 
ernment. There  is  no  room  for  the  doubt;  none  whatever.  Pro-. 
testant  representatives  reside  at  Rome,  and  papal  agents  are 
found  in  protestant  countries.  One  of '  the  most  celebrated  histo- 
rians of  our  tunes,  Niebhur.  was  for  many  years  minister  at  Prus- 
sia, at  the  Papal  court;  and  I  found  his  successor  there  in  1837, 
Mr.  Bunsen,  a  name  scarcely  inferior  to  the  other,  in  all  the  inves- 
tigations connected  with  the  history  of  ancient  Rome. 

I  hope,  sir,  that  provision  will  be  made  for  sending  a  minister  of 
the  highest  grade  to  the  Roman  court;  and  that  we  shall  take  our 
place  "among  the  representatives  of  the  great  family  of  nations,  in 
a  city  where  events  of  the  highest  importance  to  the  destiny  of  the 
human  race  are  passing,  and  to  pass. 

Mr.  DIX. — I  voted  yesterday  against  the  amendment  of  the 
Senator  from  Indiana,  [Mr.  Han.negan,]  proposing  a  resident 
minister  to  the  Papal  States.  I  did  so,  because  it  was  brought 
forward  in  opposition  to  the  proposition  of  the  Senator  from  Mis- 
souri, [Mr.  IBenton,]  to  send  out  a  minister  plenipotentiary.  If 
this  motion  to  strike  out  fails,  and  the  Senator  from  Indiana  moves 
his  amendment  again,  I  shall  vote  for  it;  and  in  stating  my  rea- 
sons, as  I  propose  to  do  now,  w'itiujut  waiting  for  his  motion,  I 
lio]ie  it  will  not  be  considered  out  of  place,  if  I  present  some  statis- 
tical details  in  relation  to  the  condition  of  the  Papal  States. 

I  desire  in  the  first  place  to  say,  that  I  do  nut  regard  this  as  a 
polilical  mission,  unless  the  term  political  be  understood  in  its 
largest  sense.  Much  less  do  I  consider  it  a  reiigieus  mission,  as 
the  honnrablc  Senator  from  North  Carolina.  (Mr.  Badger,)  would 
have  us  regard  it.  I  consider  the  Pope,  to  all  intents,  as  a  tern- 
iiorul  sdvcreign.  He  has  been  so  for  the  last  eleven  hundred  years. 
I  believe  the  first  territorial  possession  of  the  Pope  was  conferred 
ution  him  by  Pepin,  the  father  and  predecessor  of  Charlemagne,  in 
the  Sih  century.  It  consisted  of  the  Duchy  of  Rome,  or,  at 
that  time  more  properly  called  the  exarchate  of  Ravenna,  and  was 
wrested  by  the  king  of  France,  from  the  Lombards,  who  had  over- 
run northern  and  central  Italy.  It  extended  from  the  present  fron- 
tier ol  Naples  on  the  Mediterranean,  to  the  mouth  of  the  Tiber, 
including  the  Campagna  and  Pontine  marshes,  and  running  back  to 
the  Sabine  and  Volscian  hills.     In  the  12th  century,  the  Countess 


March  21. J 


THE  MISSION  TO  ROME. 


391 


Matilda  of  Tuscany,  bequeathed  her  possessions  to  the  Pope.  They 
embraced  the  patrimony  of  St.  Peter,  on  the  Mediterranean,  ex- 
tendii^  from  the  mouth  of  the  Tiber,  to  the  present  frontier  of 
Tuscany,  and  the  marcli  of  Ancona  on  the  Adriatic,  with  the  ad- 
joining district  of  Spoleto.  Large  accessions  were  subsequently 
madeljy  conquest — Urabria,  Romagna,  Perugia,  Orvieto,  Citta  di 
Castello,  Bologna,  Ravenna,  and  other  cities  and  districts  of  coun- 
try. In  the  17th  century,  the  Duke  of  llrbino  abdicated  in  favor 
of  the  Pope;  and  at  a  still  later  period,  some  further  additions 
were  made  by  arms.  Thus,  the  territorial  possessions  of  the  Pope 
are  held,  like  those  of  other  sovereigns,  by  succession,  donation, 
and  conquest.  I  consider  the  territorial  possessions  of  the  Church, 
as  much  the  dominions  of  the  Pope ,  as  the  territorial  possessions 
of  Spain,  are  the  dominions  of  her  Most  Catholic  Majesty;  and  I 
see  no  more  reason  to  decline  diplom.atic  relations  in  the  first 
case  than  in  the  last,  unless  there  is  in  other  respects  a  propriety  in 
doing  so. 

It  is  true,  there  is  a  peculiarity  in  the  form  of  the  Papal  govern- 
ment, from  the  fact  that,  the  temporal  head  of  the  State,  is  also 
the  spiritual  head  of  the  Roman  Catholic  Church.  The  Senator  from 
North  Carolina  very  justly  remarked,  that  his  chief  ministers  were 
ecclesiastics.  As  is'well  known,  the  most  important  political  body  in 
the  Roman  States,  is  the  Sacred  College  or  the  Cardinals,  who  are 
the  princes  of  the  Chureli.  They  are  seventy  in  number,  ihe'same 
in  number  as  the  disciples  sent  out  by  the  great  Founder  of  the 
Christian  faith,  to  preach  the  gospel  to  the  world.  Si.\  are  cardi- 
nal bishops,  fifty  cardinal  priests,  and  fourteen  cardinal  deacons. 
I  believe,  tlie  number  has  been  invariable  for  two  hundred  and  fifty 
years,  though  it  is  not  always  full.  All  vacancies  are  filled  by  the 
Pope,  who  is  chosen  by  the  cardinals  from  their  own  body.  The 
government  is,  therefore,  an  unlimited  elective  monarchy,  or  if  you 
please,  a  hierarchy,  of  which  the  Pope  is  the  head. 

The  government  is  administered,  under  the  direction  of  the  Pope,  . 
by  the  Secretary  of  State,  who  is  a  cardinal.  He  is  aided  by  sev- 
eral departments,  bureaus,  or  boards,  the  chief  of  which  is  the 
Camera  ApostoUca,  corresponding  with  our  treasury  department. 
It  IS  under  the  charge  of  the  Chamberlain,  who  is  aided  by  a  num- 
ber of  cardinals  and  subordinates  of  different  grades.  There  is  also 
the  Buon  Governo  charged  with  the  municipal  police  of  the  States; 
the  Sacra  Consulta,  to  which  is  entrusted  the  civil  and  political  ad- 
ministration of  the  provinces;  and  the  Sacra  Ruota,  the  great  court 
of  appeals  in  judicial  proceedings.  There  are  several  more  of 
these  boards,  of  which  I  do  not  remember  the  names  or  the  func- 
tions; but  they  are  all  under  the  direction  of  cardinals.  The 
Chamberlain  is  the  only  one  of  these  executive  officers  who  is  ap- 
pointed for  life;  and  the  reason  for  the  distinction  is  that  he  admi- 
nisters the  government  on  the  death  of  the  Pope  for  nine  days, 
when  a  new  election  takes  place;  and  during  that  period  he  has 
the  privilege  of  coining  money  in  his  own  name.  Tlie  Secretary 
of  State,  who  is  the  Prime  Minister  and  the  confidential  adviser  of 
the  Pope,  besides  having  the  general  direction  of  the  administra- 
tive functions  of  the  government,  presides  especially  over  the  Sacra 
Consulta,  or  the  department  for  the  provinces — to  give  it  a  name 
suited  to  its  functions. 

There  is  another  class  of  officii  dignitaries  of  high  rank,  under 
the  papal  government — the  Prefates.  They  are  always  of  noble 
birth,  but  not  always  in  holy  orders.  There  are  some  two  or 
three  hundred  of  these  dignitaries  employed  in  various  departments 
of  the  government.  The'place  of  the  prelate  often  opens  the  way 
to  higher  preferment,  and  is  next  in  importance  to  a  membership  of 
the  Sacred  College.  These  are  the  great  oHieers  of  the  govern- 
ment. 

Mr.  BADGER. — Will  the  Senator  allow  me  to  ask  him — for 
my  recollection  is  not  very  accurate,  and  I  am  taking  a  great  deal 
of  interest  in  what  he  is  saying,  and  listening  to  him  with  much 
pleasure — whether  I  understand  him  correctly  as  saying  that  these 
prelates  are  not  always  in  holy  orders?  Are  they  not  either  in 
holy  orders,  or  else  undergoing  an  ecclesiastical  apprenticeship, 
which  involves  the  design  to  take  holy  orders. 

Mr.  DIX. — I  said  they  were  not  always  in  holy  orders,  and  I 
believe  I  am  not  mistaken.  They  usually,  if  not  uniformly,  fill 
offices  under  thcgiivernment.  Some  of  them  are,governors  of  prov- 
inces under  the  denomination  of  Delegates;  and  many  of  them  are 
employed  in  the  executive  departments.  Some  of  them  become 
cardinals,  but  I  should  not  consider  it  accurate  to  say  of  them  as 
a  body,  that  they  were  undergoing  an  ecclesiastical  apprentice- 
ship. 

Let  me  now  turn  to  the  political  divisions  of  the   papal   States. 

The  papal  dominions  are  divided  into  twenty  provinces.  The 
first  is  the  Comarca  of  Rome.  The  other  nineteen  are  divided 
into  Legations  and  Delegations.  The  former  are  six  in  number, 
and  have  each  a  cardinal  to  preside  over  them.  The  latter  are 
thirteen  in  nvmiber,  with  prelates  as  their  presiding  officers.  Each 
province  is  divided  into  Communes,  with  peculiarities  of  local  go- 
vernment. 

In  the  provinces  the  Legations  and  Delegations  have  a  council, 
(Congregaziune  di  Governo,)  consisting  of  the  Gonfaloniere,  or 
mayor,  of  the  chief  town,  and  from  two  to  five  councillors,  accord- 
ing to  the  magnitude  and  importance  of  the  province.  They  are 
named  by  the  Pope,  and  hold  their  office  for  five  years.  The 
councillors  have  no  vote;  but  when  they  differ  in  opinion  Irom  the 
presiding  officer  of  the  province,  their  reasons  are  reduced  to 
writing  and  sent  to  the   Secretary  of  State. 

Some  of  the  Delegations  are  divided  into  districts,  with  govern- 
ors subordinate  to  the  Delegate.     Each  district  is  again  divided 


into  Communes,  with  their  ancient  magistrates  or  councils.  These 
councils  are  close  corporations,  the  members  of  which  are  seLf- 
eleeted,  subject  to  the  veto  of  the  Delegate,  and  retain  their  seats 
for  life.  A  Gonfaloniere,  or  mayor,  elected  from  their  own  body 
by  themselves,  presides  over  them.  Of  these  Communes  there  are 
some  eight  or  nine  hundred,  if  I  remember  accurately,  with  simi- 
lar forms  of  administration. 

Thus  it  will  be  Siseu  that  the  whole  government  is  as  far  re- 
moved as  possible  from  popular  influence.  It  is  from  the  centre  to 
the  extremities  founded  and  administered  upon  the  principles  of  a 
close  corporation. 

The  atlministration  of  justice  partakes  of  the  nature  of  the  politi- 
cal organization.  It  is  founded  on  the  basis  of  the  Corpus  juris 
civilis  and  the  Corpus  juris  canonici — the  civil  and  canon  law. 
All  criminal  proceedings  are  conducted  with  closed  doors,  and  the 
testimony  taken  in  writing.  The  accused  is  entitled  to  the  aid  of 
an  advocate,  called  the  "uvvocato  de  poveri,"  the  advocate  of  the 
poor,  who  is  appointed  by  the  Pope  and  paid  by  the  government. 
Imprisonment  is  the  chief  punishment  for  crime,  fines  are  rarely 
imposed,  there  is  no  such  thing  as  liberation  on  bail,  and  the  whole 
administratien  of  criminal  justice  is  so  dilatory  that  there  are  al- 
ways a  very  large  number  of  persons  imprisoned  and  awaiting  their 
trial. 

In  all  I  have  said  it  will  be  readily  seen  how  much  the  present 
head  of  the  Papal  States  has  to  reform — in  the  frame  of  the  go- 
vernment, in  its  administration,  and  in  criminal  |nrisprudence. 
There  is  no  participation  by  the  (leople  in  the  administration  of 
public  aflTairs.  In  Tuscany,  Napoleon  introduced  publicity  in  crim- 
nal  proceedings,  and  it  has  survived  all  succeeding  changes  of  the 
government.  In  Rome  it  is  excluded.  Whether  it  was  introduced 
there  by  Napoleon  after  the  deposition  of  the  Pope  and  the  estab- 
lishment of  the  Kingdom  of  Rome,  I  do  not  know. 

What  reforms  the  Pope  contemplates,  how  far  he  proposes  to 
allow  the  people  to  participate  in  the  administration  of  public  af- 
fairs  through  the  choice  of  their  own  magistrates  and  the  enact- 
ment of  their  own  laws,  I  have  until  very  recently  considered 
doubtful — nor  is  the  extent  of  the  reform  he  contemplates  very  dis- 
tinctly understood  now.  It  will  be  recollected  that  a  few  months  ago 
he  called  together  a  council  of  delegates  from  the  different  pro- 
vinces. I  read  his  opening  address  to  them  with  great  care,  sup- 
posing it  would  contain  an  outline  of  the  political  changes  he  con- 
templated. He  stated  that  he  had  called  them  together  for  con- 
sultation, which  .seemed  to  exclude  the  idea  of  legislation;  that 
extravagant  expectations  had  been  entertained  as  to  his  purposes, 
and  that  he  intended  to  transmit  to  his  successors  unimpaired  the 
authority  he  had  derived  from  those  who  had  preceded  him.  Not 
long  before  this  annunciation  was  received,  I  was  invited  to  at- 
tend a  public  meeting  in  the  city  of  New  York,  called  to  express 
the  general  sympathy  which  was  felt  in  his  measures  of  reform. 
Not  being  able  to  attend,  I  addressed  a  letter  to  the  committee  of 
arrangements ;  and  there  were  several  other  letters  written 
by  gentlemen  of  distinguished  character,  and  some  of  them  occu- 
pying high  official  stations.  Not  feeling  at  that  time  quite  sure  of 
the  sequel,  I  did  not  indulge  in  the  enthusiastic  expressions  which 
some  of  the  letters  contained.  I  endeavored  to  render  the  Pope 
full  justice.  I  desire  to  do  so  now.  And  I  must  say  that, the  re- 
cent intelligence  from  abroad  justifies  all  the  expectations  which 
have  been  indulged  in  respect  to  his  contemplated  measures  of  re- 
form. He  has  already  done  much  for  good  government  in  Italy. 
He  arrayed  himself  boldly  at  the  outset  against  the  influence  of 
Austria — -an  influence  which,  since  the  general  pacification  of  Eu- 
rope in  1815,  has  been  a  perfect  blight  upon  the  growth  and  pro- 
gress of  popular  freedom.  He  has  resisted  fearlessly  the  designs 
of  that  government  upon  the  independence  of  the  Roman  people. 
He  has  refused  to  the  Austrian  troops  a  passage  through  his  do- 
minions for  the  purpose  of  aiding  the  King  of  the  Two  Sicilies  in 
putting  down  the  struggles  of  tiie  Neapolitan  and  Sicilian  people 
against  the  narrow-minded  tyranny  by  which  they  have  been  op- 
pressed. He  has  done  more.  He  has  formed  a  national  guard  in 
the  Papal  States;  he  has  put  arms  into  the  hands  of  the  Roman 
people,  and  he  is  preparing  them  by  military  exercises  for  the  as- 
sertion and  maintenance  of  their  own  rights.  He  has,  in  a  word, 
given  an  impulse  to  popular  freedom  throughout  Italy;  and  it  is 
owing,  in  a  great  degree,  to  him,  that  constitutional  forms  of  go- 
vernment have  been  given  to  the  people  of  Sardinia,  Tuscany,  and 
the  Two  Sicilies. 

The  late  arrival  affords  us  still  more  gratifying  evidence  of  his 
movements.  Two  papers  have  been  put  into  my  hands  from  which 
I  will  read  brief  extracts.  The  first  is  from  a  letter  in  the  Courier 
des  Etats  Unis,  dated  in  Paris,  which  I  will  translate  literally  : 

"  The  re-action  of  tlie  revolution  in  Naples  has  been  I'eit.  as  T  foresaw,  in  the  other 
parts  of  ltal.\  Tiie  King  of  Sardinia  and  the  Grand  Duice  of  Tuscany  liave  also 
L'iven  to  tiieir  subjects  a  constitution,  moiicleil  after  ilie  French  (.'harter.  I'ius  the 
Nintli  has  promised  in  a  proclamation  and  in  conversation  with  tliose  arouml  him. 
something  aiiaIoo;ous  to  it.  In  the  meantime,  he  lias  changed  his  cabinet,  and  has 
formed  a  ministry  composed  almost  entirely  of  laymen.     This  is  a  great  reform." 

The  other  extract  is  from  the  letter  of  the  Europeon  correspon- 
dent of  the  National  Intelligencer,  published  in  this  morning's  pa- 
per.    I  will  read  it  : 

"  The  good  and  couscienlious  Pope  has  Imd  misgivings  as  to  his  power  to  grant  a  in- 
formed constitution  to  his  people,  tearing  that  his  doiiigso  would  interfere  with  the  oath 
which  he  took  at  his  accession  to  otfice,  to  hand  down  the  tniipora/ttirs  of  his  king- 
dom uninjured  to  his  successors.  He  submitted  his  doubis  to  a  council  of  ecclesiastics 
learned  in  such  matters,  and  the  result  is  a  decision  that  his  vieJding  to  the  wishes  of 
the  people  and  the  spirit  of  the  times  will  not  be  an  infringement  upon  his  official  oalll. 
It  is  supposed,  therefore,  that  the  people  of  Rome  will  soon  receive  a  constitntion 
founded  on  the  same  principles  as  those  of  Naples,  Sardinia,  and  Florence.  His  Ho 
liiiess  has  advanced  a  great  step  by  Ids  employment  of  wellqnalilied  layinea  m  high 


392 


DEFICIENCY  BILL. 


ITu 


ESDAY, 


positions  ill  the  State,  whirli  have  hitherto  been  fitletl  by  ecclesiastics.  Three  vacancies 
lately  occnrred,  and  three  liberal  minded  laymen  succeeded  three  churcrhmen.  How 
much  does  the  world  owe  to  Pius  IX  !  His  liberal  conduct  first  put  the  ball  of  reform 
in  motion:  it  is  not  destined  to  slop  until  it  has  regenerated  Euroiic." 

Thus  it  appears  that  the  Roman  people  are  to  receive  from  the 
Pope  a  constitutional  government.  And  what  I  consider  of  areat 
importance  as  a  measure  of  reform,  he  has  already  hegun  to  in- 
troduce layinen  into  his  political  councils.  At  the  general  pacifi- 
cation in  1815  it  was  understood  that  the  chief  ministers  of  the 
Pope  were  to  be  chosen  from  the  laity.  This  understanding  was 
violated  :  and  it  has  been  one  of  the  leading  causes  of  public  dis- 
content in  the  Papal  States.  It  has  been  for  a  (juarter  of  a  centu- 
ry one  of  the  reforms  most  earnestly  .sought  for;  and  it  may  iie 
hailed  as  the  precursor  of  an  ultimate  separation  of  the  ecclesias- 
tic and  secular  branches  of  the  Papal  government,  by  conferring 
political  offices  on  laymen,  and  confining  churchmen  to  the  exer- 
cise of  their  ecclesiastical  functions — an  arrangement  favorable 
alike  to  the  State  and  the  Church,  by  promoting  the  purity  of  the 
one  and  the  prosperity  of  the  other. 

While  the  Pope  has  much  to  reform,  he  has  much  to  contend 
against — not  only  from  the  opposition  of  those  who  are  hostile  to 
ail  progress,  but  from  the  embarrassed  condition  of  the  finances  of 
the  Papal  States.  Some  ten  years  ago  the  revenues  were  about 
nine  miUions  of  dollars  ;  two  millions  and  a  half  were  derived 
from  internal  taxes,  chiefly  on  landed  property  :  about  four  mil- 
lions and  a  half  from  the  customs,  excise,  8cc.  ;  about  nine  hun- 
dred thousand  dollars  from  lotteries,  and  the  residue  from  mis- 
cellaneous sources.  Some  of  these  revenues  were  collected  at  an 
enormous  expense.  The  rcveiuie  from  lotteries  for  instance,  which 
yielded  nine  hundred  thousand  dollars  in  the  gross,  cost  about  six 
hundred  thousand  in  the  collection,  leaving  only  three  hundred 
thousand  in  the  treasury  as  an  offset  to  the  general  demoraliza- 
tion, of  which  they  were  the  cause.  In  the  same  year  the  expend- 
itures exceeded  the  revenues  about  half  a  million  of  dollars.  Four 
years  ago,  I  understood  the  deficiency  exceeded  a  million,  and  the 
preceding  year  a  million  and  a  half.  From  the  dlificulty  of  obtain- 
ing statistical  information,  I  could  not  ascertain  the  amount  of  the 
public  debt  ;  hut  from  the  interest  paid  on  it,  amounting  to  about 
two  millions  and  a  half  of  dollars,  exceeding  one  quarter  of  the 
entire  revenue  of  the  Papal  States,  it  must  have  exceeded  forty 
mdlions  of  dollars.  It  cannot  now,  I  think,  he  less  than  fifty  mil- 
lions.    It  may  be  much  inore. 

Sir,  this  is  a  very  heavy  pecuniary  huiden  for  a  small  State. 
The  whole  superficial  area  of  the  Papal  States  is  about  thirteen 
thousand  square  miles,  less  than  one  third  the  area  of  the  State  of 
New  York,  and  a  population,  according  to  the  raccolta  or  census 
of  1833,  of  two  million  seven  hundred  thousand  souls,  about  the  same 
as  the  population  of  New  York.  While  Roiue  has  two  hundred 
and.  ten  inhabitants  to  a  square  mile,  from  the  dilTcrenee  in  .sur- 
face. New  York  has  but  sixty.  The  population  of  the  Papal 
States  is  very  unequally  distributed.  Only  about  one.third  of  the 
surface  is  cultivated,  and  a  considerable  portion  is  very  thinly  in- 
habited. I  doubt  whether  the  population  has  imich  inireascil  du- 
ring the  last  fifteen  years.  In  1833,  the  city  of  Rome  had  about  one 
hundred  and  fifty  thousand  inhabitants  ;  in  1838,  it  had  less  than 
one  hundred  and  forty-nine  thousand — a  slight  decrease. 

The  Papal  States  have  some  comiriercc  ;  but  little  is  carried  on 
in  her  own  vessels.  There  are  but  two  harbors  for  vessels  of  any 
considerable  burthen — Civita  Vecchia  on  the  Meditterranean  and 
Ancona  on  the  Adriatic.  The  excellence  of  both  ports  is  due  in  a 
good  degree  to  the  Emperor  Trajan.  There  were  other  valuable 
ports  once,  but  they  have  become  useless  for  large  vessels.  Terraci- 
na,  the  ancient  capital  of  the  Volsei,  was  once  a  naval  station  of 
great  iinportanee;  but  it  is  now  obstructed  by  deposites  of  sand.  The 
Porlo  d'  Anzo,  the  ancient  Antium,  about  midway  between  Terra- 
cina  and  the  mouth  of  the  Tiber,  is  also  obstructed  and  nearly 
useless  from  the  same  cause. 

There  is  but  one  navigable  river  in  the  Papal  States — the  Tiber. 
As  there  have  been  some  allusions  to  it  in  the  course  of  the  debase, 
I  hope  I  shall  be  excused  if  I  make  soine  references  also  to  its 
condition  as  to  commerce  and  navigability.  It  empties  into  the 
Mediterranean  seventeen  miles  from  Home.  As  it  approaches 
the  sea  it  divides  into  two  channels.  On  the  left  arm  stood  the 
ancient  Ostia.  It  has  long  since  fallen  into  ruins,  and  a  modern 
Ostia  stands  near  it.  But  from  the  unhcallhiness  of  the  place,  it 
is  almost  deserted,  and  the  channel  of  the  river  is  nearly  filled  up. 
The  right  arm  is  navigable  to  the  sea.  On  this  channel  stood  the 
ancient  city  of  Portus  ;  but  only  the  ruins  are  now  visible,  and  the 
modern  town  of  Fiumieino  has  risen  up  a  mile  and  a  half  below. 
The  channel  is  narrow,  deep  and  rapid.  The  description  of  Vir- 
gil, as  he  makes  yF.neas  first  see  the  Tiber,  is  still  applicable  to 
it.  I  do  not  know  that  I  can  quote  him  ivcciiralcly,  but  if  I  do 
not.  there  are  gentlemen  of  clfissical  learning  on  both  sides  of  the 
chamber,  who  will  correct  me  : 

"fliivio  Tibcrinns  tinoeno, 

Vorticibis  ra)»idis  et  niulla  llavus  arena, 
In  marc  prorumpit." 
The  description  is  not  inaccurate  :  with  rapid  whirlpools,  and 
yellow  with  earth,  it  bursts  into  tlv!  .sea.  The  current  is  so  rapid, 
that  vessels  could  only  stem  it  with  strong  winds  :  but  they  are 
now  towed  up  by  steamers.  Vessels  of  small  size — among  them 
a  steamer — go  up  to  Rome,  and  at  some  seasons  there  is  a  ixood 
deal  of  freighting  done  on  it.  Indeed,  the  river  is  navigable  for 
boats  to  its  juncture  with  the  Nera,  some  forty  miles  above.  But 
from  the  rapidity  of  the  current  near  the  city  and  below,  deposits 
of  sand  are  constantly  obstructing  the  passage,  and  an  annual  ap- 
propriation of  money  is  made  to  keep  it  open. 


The  exports  of  the  Papal  States  are  not  large,  but  they  are 
numerous.  They  consist  of  corn,  oil,  silk,  skins,  fruits,  woad 
a  .substitute  for  indigo,  which  grows  spontaneously  in  Southern 
Italy,  and  hemp,  Ike.  Wool  is  exported  in  large  quantities  to 
England.  I  believe  one  of  the  most  valuable  exports  is  tobacco, 
of  which  they  send  abroad  annually  about  300,000  pounds. 

They  can  scarcely  be  paid  to  have  a  commercial  marine.  Some 
ninety  vessels,  averaging  probably  about  eighty  tons  each,  consti- 
tute the  whole,  excepting  that  of  fishing  smacks,  and  small  coasters. 
There  are  six  merchant  vessels  in  the  City  of  New  York  with  an 
ascrerrate  tonage  exceeding  the  ninety  merchant  vessels  of  the 
Roman  States.  This,  however,  we  need  not  regret;  for  it  we  can 
extend  our  commercial  relations  with  them,  we  shall  do  all  the 
carryiiiii,  both  for  them  and  ourselves. 

Ao-riculture,  the  basis  of  all  industry,  is  in  a  very  depressed 
state,  and  from  peculiar  causes.  The  great  peculiarity  of  the 
agriculture  of  the  Papal  States  is  the  division  of  the  champaign 
land  into  immense  farms.  The  Campagna  around  Rome,  called 
the  "Agro  Romano,''  (the  Roman  field,)  the  Maremma  extending 
from  the  frontier  of  Tuscany,  along  the  coast  to  the  southward, 
and  the  low  lands  in  other  districts  "are  owned  by  a  few  per-sons. 
The  farms  usually  contain  several  thousand  acres.  The  entire 
Agra  Romano  contains  over  eight  hundred  and  fifty  square  miles. 
Tliis  tract  is  in  the  hands  of  about  forty  farmers,  or  "Mercanti  di 
Campagna,"  as  they  are  called.  The  farms  are  worked  on  the 
"Mezzeria"  sj'stem,  or  at  halves,  under  the  direction  of  fattori  or 
stewards,  who  occupy  farm-houses  on  the  land,  while  the  owners 
live  in  the  cities.  The  same  system  prevails  in  Tuscany,  where  it 
has  worked  tolerably  well.  Ill  Rome  it  is  thought  exceedingly 
unfavorable  to  agricultural  improvement.  Something  is  attributa- 
ble to  the  peculiarity  of  the  Roman  plain,  ill  respect  to  climate 
and  health,  which  renders  it  necessary  to  devote  the  greater  part 
to  grazing.  In  the  winter  it  is  covered  with  cattle  and  sheep^ 
noteless,  perhaps,  than  a  million  of  both,  under  the  guardianship 
of  sheperds  and  herdsmen.  As  the  summer  advances,  the  Cam- 
pagna becomes  too  unhealthy  to  he  inhabited,  and  the  cattle  are 
driven  to  the  Sabine  hills,  and'even  to  the  mountains  of  the  Ahruzzi. 
When  the  harvest  season  arrives,  the  heat  becomes  almost  intoler- 
able; and  multitudes  of  the  laborers,  who  come  down  from  the 
mountains  to  gather  the  harvest,  perish  from  the  fatal  cd'ccts  of  the 
Malaria.  As°soon  as  the  grain  is  gathered,  the  Campagna  be- 
comes a  desert  until  the  summer  heats  are  over.  Neither  men 
nor  cattle  are  to  he  seen.  The  buHalo,  who  seem  to  be  proof 
against  the  heavy  pestilential  vapors  which  the  burning  sun  brings 
oiit  from  the  hutiiid  earth,  are  almost  the  only  inhabitants  of  the 
deserted  plain  from  June  to  October. 

With  this  imperfect  agriculture,  a  complete  monopoly  is  given 
to  the  rural  proprietors  by  the  corn-laws  of  the  Papal  Siates. 
When  the  price  of  flour  on  the  Mediterranean  is  under  S9,  and  on 
the  Adriatic  $8  25  per  barrel,  the  introduction  is  prohibited  It 
is  the  same  with  wheat.  When  it  is  under  about  $1  40  the  bushel 
on  the  Mediterranean,  or  $1  20  on  the  Adriatic,  it  is  not  allowed 
to  be  introduced.  The  operation  of  this  system  is  to  give  the 
entire  market  to  the  Roman  agriculturist,  and  by  excluding  the 
cheaper  breadstufls  of  the  LevanWand  Austrian  provinces  on  the 
eastern  shore  of  the  Adriatic,  to  compel  the  Roman  people,  in 
some  districts,  and  in  times  of  scarcity,  to  eat  dear  bread. 

Notwithstanding  the  depressed  condition  of  the  industry  of  the 
Papal  States,  there  is  no  country  capable  of  a  more  rich  or  varied 
production;  and  if  the  measures  of  reform  now  in  progress  shall 
bo  carried  out,  and  the  sueial  as  well  as  the  political  condition  of 
the  people  be  elevated  by  the  abrogation  of  bad  laws,  I  know  no 
State  of  the  same  magnitude,  which  may  hope  for  a  higher  pros- 
perity. 

I  have  thus,  Mr.  President,  presented  some  statistical  details  in 
respect  to  the  condition  of  the  Papal  States — not  with  the  expecta- 
tion of  induencing  the  vote  of  any  Senator  on  this  floor,  but  for 
the  purpose  »f  assigning  the  grounds  on  which  I  place  my  own.  I 
am  in  favor  of  estahlishuig  diplomatic  intercourse  with  Rome;  first, 
with  a  view  to  friendly  relations — the  oliject  for  which  most  mis- 
sions are  created;  and  second,  with  a  view  to  commerce.  Ire- 
peat,  I  do  not  regard  the  mission  as  political,  unless  that  term  be 
understood  in  itsbroadest  sense;  and  in  this  view  all  missions  are 
political.  I  consider  it  our  sacred  duty  to  keep  aloof  from  the 
internal  agitations  of  European  States,  and  from  the  movements  of 
their  sovereigns  and  people.  We  must  sympathize  with  every- 
thing that  is  favorable  tg  freedom;  but  wc  can  do  no  more.  Our 
rule  of  action  is  non-intervention  in  the  ptditical  concerns  of  the 
eastern  hemisphere;  and  by  a  rigid  adherence  to  it,  we  may  with 
the  more  confidence  insist  on  an  application  of  the  saine  principle 
by  European  States  to  the  political  concerns  of  the  independent 
communities  on  this  continent.  I  look  then,  first,  to  friendly  rela- 
tions with  ccntriil  Italy. 

Hut  I  look  chiefly  to  commerce.  Depressed  as  the  industry  of 
Rome  is,  I  think  something  may  be  done  to  extend  our  commercial 
relations  and  intcrcour.sc  with  lier.  and  perhaps  also  with  Tuscany, 
lyins  on  her  borders.  Great  Britain  has  an  inimenrc  Irade  witii 
the  Mediterranean.  She  sends  every  year  fifteen  millions  of  dol- 
lars in  value  of  her  own  products  into  Italy  alone,  and  probably 
from  five  to  ten  millions  more  of  foreign  products,  which  she  im- 
ports for  re-exportation.  A  portion  of  this  lucrative  trade  legiti- 
mately, should  be  ours;  and  I  think  wc  may  obtain  it,  if  wo  send 
a  discreet  and  intelligent  man  to  Italy. 

1  voted  for  a  minister  plenipotentiary,  as  proposed  by  the  Sena, 
tor  from  Missouri,  (Mr.  Benton,)  supposing  it  would  be  followed, 
if  his  amendment  liad   prevailed,  by  a  proposition  to  abolish  the 


March  21.] 


THE  MISSION  TO  ROME, 


393 


post  of  charge  d'affaires  at  Naples.  The  post  ofcbarge  d'affaires 
at  Turin  I  would  not  have  touched.  Sardinia  is  distant,  and  has 
distinct  commercial  mterests.  But  we  might  have  sent  a  minister 
with  full  powers  to  central  and  southern  Italy,  to  reside  a  part  of 
the  time  at  Rome,  and  part  of  the  time  at  Naples— an  arrange- 
ment not  unprecedented  in  diplomatic  intercourse  with  states  bor- 
dering on  each  other.  I  thought,  in  opening  diplomatic  inter- 
course with  Rome,  it  should  be  done  in  the  mode  most  auceptable. 
A  minister  is  accredited  to  the  sovereign  of  the  country  to  \vhicli 
he  is  sent — a  charge  d'affaires  to  the  secretary  of  foreign  affairs, 
or  the  chief  e.xeeutivo  deparlment.  A  minister  would  be  on  a 
footing  with  thediplomatic  representativesof  the  States  of  Europe, 
at  the'^Papal  court— a  charge  will  be  inferior  in  grade  and  in  inffu- 
ence.  Rome  and  Naples  are  but  160  miles  apart.  Four  years 
ago,  a  railroad  was  in  a  course  of  construction  from  Naples  to  the 
RViman  frontier.  It  was  nearly  ffnished  to  Capua.  Gregory  the 
16th.  the  predecessor  of  ihe  present  Pope,  refused  to  charter  rail- 
road companies.  He  did  not  encourage  foreign  intercourse,  social 
or  commercial.  Pius  the  IX,  is  of  a  totally  different  temper.  He 
is  desirous  of  promoting  in  every  way,  facilititics  for  communica- 
tion, foreign  and  domestic.  He  has  chartered  a  company  to  con- 
struct a  railway  to  Civita  Vccchia;  ami  another,  as  I  understand, 
to  meet  the  Neapolitan  railroad  at  Terracina.  In  two  years, 
Rome  and  Naples  will  probably  be  but  five  hours  apart.  The  ar- 
rangement suggested  would,  therefore,  have  been  convenient  as 
welT  as  proper.  But,  as  the  proposition  failed,  I  .shall  vote  for  a 
minister  resident.  ,   . 

Before  I  conclude,  I  wish  tasay  a  few  words  on  the  religious 
question.  I  have  already  sai"  I  do  not  regard  it,  in  any  sense,  as 
a  religious  mission;  nor  can  I  conceive  that  it  can  be  properly  so 
considered.  Gentlemen  have  gone  so  far  as  to  suppose  that  it  will 
be  repugnant  to  the  Protestant  feelings  of  the  country.  I  cannot 
believe  there  is  any  just  ground  for  such  an  apprehension.  We 
send  a\liplomatic  representative  to  the  Emperor  of  China,  who 
claims"  to  be  the  sole  vicegerent  of  the  Supreme  Being  on  carth- 
Wehavoa  minister  at  Constantinople,  and  three  consuls,  salaried 
officers,  exercising  diplomatic  functions,  in  Africa— two  in  the  Bar- 
bary  States,  and  one  in  the  Empire  of  Morocco;  and  the  people  of 
all  these  countries  are  cither  Turks,  Moors,  Berbers  or  Jews,  all 
utterly  denying  the  authenticity  of  the  Chri-stian  faith.  And  yet, 
when  it  is  proposed  to  send  a  diplomatic  representative  to  a  tem- 
poral sovereign  in  Europe,  it  is  objected  that  the  Protestant  feel- 
ings of  the  country  may  be  wounded,  because  he  is  also  the  head  of 
a  most  respectable  and  important  branch  of  the  Christian  church. 
Sir.  1  cannot  comprehend  this  feeling,  and  I  am,  therefore,  dis- 
posed to  doubt  its  existence.  At  all  events,  I  shall  vote  for  the 
appropriation;  and  trust  to  my  Protestant  friends  for  a  just  appre- 
ciation of  my  motives. 

Mr.  BADGER.— It  is  not  my  intention  to  enter  into  this  discus- 
sion, for  I  have  already  stated  the  grounds  upon  which  I  am  opposed 
to  this  mission  in  any  form;  but  simply  to  make  one  or  two  remarks 
which  have  been  suggested  to  me  by  what  has  been  said  by  the 
honorable  Senators  from  New  York  and  Michigan.  The  Senator 
from  Michigan  seem  to  suppose  that  I  have  said  that  the  present 
Pope  has  done  nothing  for  the  amelioration  of  the  condition  of  his 
subjects.  I  am  very  certain  sir,  that  I  never  intended  to  say  any 
thing  of  the  kind,  and  I  do  not  think  I  did  say  it.  I  have  said 
this,  and  I  repeat  it,  that  while  the  Pope  is  a  good  man,  and  a 
wise  prince,  and  I  believe  has  done  several  things  for  the  present 
benefit  and  relief  of  the  people  of  Rome  he  iias  done  nothing 
towards  establishing  a  free  government  in  Rome,  that  he  has  done 
nothing  to  relax  ihat  absolute  authority  which  he  has  received 
from  his  predecessors. 

Mr.  FOOTE.— Will  the  Senator  allow  me  to  ask  him— 
Mr.  BADGER. — I  hope  I  shall  not  bo  interrupted. 
Mr.  rOOTE^ — Have  I  not  a  right  to  explain  ; 

PRESIDING  OFFICER.— The  Senator  from  North  Carolina 
does  not  yield  the  floor. 

Mr.  BADGER. — I  am  speaking  now  of  the  views  which  I  have 
heretofore  submitted  to  the  Senate,  or   which  I  intended  to  submit 
for  the  purpose  of  correcting  what   has  fallen  from  the   honorable 
Senator  from  Michigan  this   morning.     The  position  I  have  taken 
is,  that  the  Pope    has   done   nothing  to  secure  to  his   subjects  any 
share  in  the  administration  of  the  government,  that  he  has   estab. 
lished  no  barrier  against  the  use,  either  by  himself,  or   by  his  suc- 
cessors, of  the  absolute  power  which   he    possesses.     No  doubt  as 
a  wise  Prince  he  has  done  many  things   for  which  he  is  entitled  to 
high  credit  ;  he  is  disposed  to    patronize  the  present  schemes  and 
projects  for  opening  communications  by  railroads;  and  the  other  im- 
provements of  the  day.  He  has  established  a  national  guard,  and  put 
arms  into  the  hands  of  his  subjects.     He  has  endeavored  to  attract 
the  affection  ol  his  subjects,  and  to  engage  their  personal  regard  by 
showing  himself  solicitous    to   promote  their    interests.     He    has 
as    a   wise    prince    taken    measures    to  prevent  the  interference 
of  Austrian  influence  which  has  always  been  deleterious   to  the 
minor  states  of  Italy  as  we  all   know.     All  this   he  has  done,  and 
for  this  he  deserves  credit,  but  what  I  maintain  is,  that  the  Pope 
has  yet  done  nothing  to  establish  a  free  government  in  the  Papal 
dominions,  and  nothing  has  yet  been  pointed  out  by  any  gentleman 
who    has  spoken  upon  this  subject,  nothing   has  been  done  by  him 
which  shows  him  belong  to  that  class  of  reformers.     The  honorable 
Senator  from  Michigan  after  reading  an  extract  from  some  letter 
30th  Cong. — 1st  Session; — No.  50. 


or  speech,  I  did  not  exactly  understand  which — of  Lord  Palmer- 
ston 

Mr.  CASS. — It  was  a  letter. 

Mr.  BADGER a  letter   of  Lord    Palmcrston   in   which  his  ~ 

Lordship  remarks  upon  the  desire  of  the  Pope  to  make  some  re- 
forms in  the  government  of  his  states,  remarked  that  his  Lordship 
had  done  more  justice  to  the  Roman  Pontiff',  than  he  had  received 
at  my  hands.  Why  I  have  had  no  means  of  determining  what  his 
desires  or  purposes  were.  I  can  only  ascertain  what  he  wishes  to 
accomplish,  by  what  he  does.  Well  now  I  ask  what  has  he  done? 
Why  it  is  said  he  has  called  a  consistory,  and  that  the  distin- 
guished ecclesiastics  who  belonged  to  it  were  in  consultation  upon 
the  propriety  of  making  certain  organic  changes,  and  that  it  is  un- 
derstood that  their  impressions  or  opinions,  were  favorable  to  the 
establishment  of  a  constitution,  but  what  kind  of  constitution  is  yet 
unknown.  It  is  remarked  that  the  Pope  intends  to  establish  some 
sort  of  a  constitution.  Well  this  may  be  so.  He  may  design  to 
do  so,  0nii  he  may  accomplish  it.  When  he  does  accomplish  it  he 
will  entitle  himself  to  stiff  higher  praise  than  he  has  yet  earned 
by  any  thing  that  is  past. 

"  The  honorable  Senator  from  Michigan  will  also  recollect  that  in 
the  address  which  the  Pope  himself  made  to  some  public  assembly, 
he  stated  that  it  was  his  design  to  transmit  entire  to  his  successors, 
the  same  authority  which  he  had  received  from  those  who  went  be- 
fore him.  Whether  his  Holiness  has  changed  his  mind  on  that 
subject  I  know  not,  hut  here  is  a  public  authentic  declaration  of 
his  intention,  to  retain  his  power  undiminished.  In  opposition  to 
that,  we  have  a  rumor  that  in  a  consistory,  a  project  for  some 
kind  of  a  constitution  has  received  favorable  considers'ticm.  We 
have  been  also  told  by  the  Senator  from  Michigan,  and  by  the  Sen- 
ator from  Nem  York,  that  all  the  Protestant  powers  of  Europe, 
have  sent  representatives  to  the  Papal  court,  and  that  we  send 
representatives  to  Turkey  and  China.     Now  the  Emperor  of  China 

claims  to  be  the  Vicegerent  on  earth. 

Mr.  DIX,  (in  his  scat.) — The  sole  Vicegerent. 

Mr.  BADGER. — That  claim  stands  exactly  on  the  same  foot 
ing  as  that  of  the  Pope.  But  certainly  I  never  objected  to  send- 
ing a  mission  to  his  Holiness  if  the  interests  of  the  country  re- 
quired it — if  we  had  commerce  to  be  protected  there,  or  any  ob- 
ject connected  with  the  welfare  or  advancement  of  the  country  to 
be  accomplished.  That  is  my  view.  Show  me  that  the  mission 
can  be  sustained  on  such- grounds,  and  every  objection  which  I  have 
urged  falls  to  the  ground.  But  it  must  be  conceded — certainly  it 
has  been  generally  conceded,  if  I  apprehend  correctly  the  remarks 
of  gentlemen,  who  have  taken  part  in  the  debate,  that  we  have  no 
commercial  interests  in  the  Papal  states  that  require  the  protec- 
tion of  such  a  mission.  My  friend  from  New  York  says,  that  he 
would  gladly  see  our  commerce  in  Italy  and  the  Mediterranean 
extended.  So  should  I,  but  are  we  likely  to  obtain  the  fulfilment 
of  our  wishes  by  this  mi.ssion  to  Rome.  Assuredly  my  friend  has 
not  oiven  ship-masters  a  very  inviting  description  of  the  facilities 
which  the  Tiber,  either  now  or  as  it  w-as  in  the  days  of  ancient 
Rome,  presents  for  the  profitable  prosecution  of  eorainere.  A 
river  which  is  described  as  a  whirlpool,  and  in  which  the  tide  is  so 
swift,  that  it  pours  itself  filled  with  yellow  sands  into  the  ocean; 
seems  to  hold  out  a  very  unuiviting  prospect  to  the  eyes  of  a  ship- 
master, looking  out  for  some  profitable  commercial  opening.  How- 
ever, it  must  be  conceded  at  all  events,  that  at  present  there  is  no 
commerce  to  be  protected,  and  if  it  is  with  a  prospective  view 
that  the  mission  is  to  be  established,  I  think  that  we  should  give 
the  subieet  a  little  more  consideration  before  we  adopt  such  a 
measure. 

The  Senator  from  Michigan  does  not  agree  that  this  can  be  con- 
sidered as  a  mission  to  the  Pope  in  his  ecclesiastical  character.  It 
is  contended  by  the  Senator,  that  he  is  a  temporal,  as  well  as  a 
spiritual  prince,  and  that  it  is  in  the  former  capacity  alone,  we 
would  establish  with  him  this  diplomatic  relation.  Well,  now,  it 
is  clear,  and  I  think  the  honorable  Senator  himself  has  proved  it 
in  his  observations,  that  the  temporal  authority  of  the  Pope  is  a 
mere  incident  to  his  ecclesiastic il  dominion,  and  the  historial  ac- 
count "iven  given  to  us  by  the  honorable  Senator  from  New 
York,  as  to  the  mode  in  which  the  Papal  dominion  is  formed  is  a 
striking  proof  of  the  correctness  of  that  view  of  his  character. 

At  tirst  the  Pope,  though  the  first  Bishop  of  Italy,  was  without 
any  temporal  authority.  A  small  Dutchy  was  given  to  him  to 
which  subsequent  additions  were  made  either  by  negotiation  or 
conquest,  or  the  pious  donations  of  members  of  the  church  for  the 
purpose  of  giving  dignity  and  respectability  to  the  Church's  head. 
Indeed  the  Senator  from  Michigan  tells  us  that  notwithstanding 
the  new  regulation  introduced  for  the  purpose  of  getting  over  all 
the  difflculties  in  European  countries  about  precedence,  by  which 
the  minister  holding  the  oldest  commission  of  his  grade  takes  rank, 
yet  in  every  court  in  Europe,  by  common  consent,  the  Pope's  am- 
bassador takes  precedence  of  the  minister  ol'  the  oldest  and  most 
powerful  State  ;  and  this  appears  to  me  to  furnish  additional  evi- 
dence of  the  correctness  of  my  view.  For,  is  it  because  he  is  the 
representative  of  a  temporal  prince  who  has  under  his  authority 
two  and  a  half  millions  of  people  that  the  Pope's  ambassador 
takes  precedence  of  the  ministers  of  Austria,  of  Russia,  of  Prus- 
sia, of  France,  and  even  of  Great  Britain,  who,  since  the  time  of 
Queen  Elizabeth,  I  suppose  indeed  from  the  time  of  Edward  the 
Vlth,  has  had  no  formal  diplomatic  connection  with  Rome  ?  What 
is  this  deference  but  a  token  of  respect  to  the  great  spiritual  head 
of  the  Komaa  Catholic  Church,  who  looks  through  the  whole  wide 


il 


394 


DEFICIENCY  BILL, 


[Tuesday,  li 


extent  of  this  earth  and  finds  subjects  amongst  the  people  of  every 
nation,  and  tongue,  and  kindred  ?  Why,  I  see  this  morning  in  the 
New  York  Herald,  a  proclamation  of  the  Pope  addressed  to  Ro- 
man Catholics  everywhere,  in  vi'-w  of  tlie  reforms  which  he  is  ma- 
king and  the  probable  hostility  which  he  may  provoke  in  some  of 
the  neighboring  powers.     In  that  proclamation  his  Holiness  says  : 

"Bui  we  principally — we,  the  head  and  ^over-iiin  PoniifTof  the  mo'^l  Holy  C.itho- 
ho  rehgion.  should  we  not  have  in  our  defence,  i  we  were  unjiistly  attacked,  intin- 
merabie  pers.ins  wlio  wonlrt  defend  the  centre  of  Cathohc  union  in  the  Iiouse  of  'heir 
father  ?  If  is.  indeed,  a  great  blessing  among  the  manv  whieb  Heaven  biifh  imparled 
la  Italy,  that  scarce  3.1100.000  of  our  subjects  have  206,0011.000  of  brothers  of  every 
nation  and  of  every  tongue." 

Here  the  Pope  issues  his  proclamation  not  to  his  own  immediate 
subjects  in  the  Papal  States,  but  to  the  whole  Roman  Catholic 
population  of  the  world  callina;  upon  them  in  case  of  any  interfe- 
rence with  his  projected  reforms  to  render  him  assistance  and  ena- 
ble him  successfully  to  accomplish  his  desires.  His,  tlien,  is  un- 
questionably a  spiritual  soverei<:nty,  a  spiritual  jurisdiction,  and 
it  was  upon  that  ground  that  I  thought,  and  still  tbink^that  the 
Protestant  population  of  the  United  States  would  not  only  feel 
deeply  amrieved  by  the  establishment  of  this  mission,  but  I  be- 
lieve they  would  have  a  right  to  look  upon  it  as  giving  undue  ad- 
vantafre  to  another  section  of  the  Christian  church. 

Mr.  FOOTE — Mr.  President :  Circumstances  have  devolved 
upon  me  a  painful  duty  I  am  not  very  conversant  with  parlia- 
mentary usa'jes,  but  t  hope  some  of  these  days  to  master  com- 
pletely that  profound  and  invaluable  branch  of  modern  science.  I 
am  informed  thoush,  by  he  oldest,  most  experienced,  and  most 
accomplished  inembers  of  this  body,  that  it  is  a  well  understood 
and  universally  respected  usage  of  the  Senate,  that  when  any  Se- 
nator is  addressing  the  body,  if  a  brother  Senator  requests  the 
privilege  of  explaining,  an  imiriediatc  opportunity  of  doing  so  is 
accorded  to  him.  Weil,  sir,  whilst  the  Senator  from  North  Caro- 
Una  was  speaking  a  few  minutes  since,  I  arose  and  courteously 
asked  to  be  allowed  to  explain,  which  the  Senator,  as  I  think,  most 
abruptly  refused.  Sir,  I  am  not  too  much  excited  to  permit  the 
Senator  to  explain  his  conduct,  if  he  choose  to  do  so;  thourrh  I  beg 
leave  to  premise,  that  if  an  explanation  completely  satisfactory 
shall  not  be  immediately  rendered,  I  have  words  to  utter  that  I 
presume  will  be  anything  but  agreeable  to  the  Senator  from  North 
Carolina.  And  now  I  demand  of  him,  whether,  in  refusing  to 
yield  the  floor,  when  I  applied  for  it,  he  imended  any  discourtesy 
or  disrespect  to  me? 

Mr.  BADGER. — I  sh.all  say  precisely  what  I  should  have  said, 
if  the  Senatin'  from  Mississippi  had  not  concluded  with  the  obser- 
vations which  he  has  made.  I  declined  to  yield  the  floor  to  him, 
without  any  idea  in  the  world  that  such  refusal  could  bo  an  insult 
or  discourtesy  to  any  gentleman  in  the  chamber,  bHt  simply  be- 
cause the  as  I  was  engaged  in  replying  to  what  had  been  said  by 
others  in  the  debate,  1  did  not  perceive  how  any  explanation  or  in- 
quiry which  could  be  given  or  put  by  the  Senator  from  Mississippi 
could  aid  in  the  discussion  in  which  I  was  engaged. 

Mr.  FOOTE. — I  understand  the  Senator  to  disclaim  all  intention- 
al disrespect;  and  yet  his  present  explanation  appears  at  least  to 
imply  some  discourtesy,  as  he  seems  to  have  acted  upon  a  pre- 
sumption not  very  respectful  to  me  certainly,  that  I  was  capable 
of  attempting  to  interrupt  a  Senator's  speech,  by  mere  imperti- 
nence. 

Mr.  BADGER.— That's  no  word  of  mine  ! 

Mr.  FOOTE. — Very  well.  I  leave  the  subject.  But  now,  sir, 
whilst  I  am  up  and  in  the  right  humor  for  lurther  explanations,  I 
will  announce,  once  for  all,  that  whilst  I  am  not  much  in  the  habit 
of  reading  what  is  daily  published  in  certain  whig  newspapers  in 
ridicule  and  denunciation  of  my  condiict  here,  and  whilst  I  hope 
that  my  sensibilities  are  not  particularly  pervious  to  such  petty  as- 
sailment  from  mercenary  scribblers,  yet  I  could  not  help  noticing 
the  fact  that  in  more  than  one  whig  newspaper  lately,  I  have  seen 
it  declared  to  be  a  formed  and  deliberate  design  of  certain  Senators 
hero  to  unite  their  forces  for  the  purpose  of  reducing  me  to  con- 
tempt by  cautiously  refraining  from  any  direct  notice  of  myremarks, 
but  responding  nevertheless  to  what  may  come  from  me  tlecmed 
■worthy  of  notice,  as  if  the  same  had  originated  with  others  on  this 
side  of  the  chamber.  This  statement  is  only  deemed  important 
as  connected  with  certain  transactions  of  actual  occurrence  in 
this  body,  and  as  more  or  less  illustrating  what  others  beside  my- 
self have  several  times  observed  to  take  pl.ace.  I  shall  not  now 
go  farther  into  particulars,  but  I  take  leave  to  say,  that  if  Senators 
have  conspired  to  pursue  this  course  towards  me,  they  are  perfectly 
welcome  to  do  so.  But  I  shall  nevertheless  not  be  in  the  least  de- 
gree restrained  from  replying  to  any  thing  which  may  be  said  oy 
them  which  I  shall  deem  it  right  thus  to  notice,  and  that  no  ar- 
rangement which  may  bo  fallen  upon,  either  of  the  kind  men- 
tioned or  of  any  other  nature,  will  preclude  me  from  the  full  exer- 
cise of  ray  rights  here  as  the  representative  of  a  sovereign  State 
upon  this  floor.  I  beg  leave  further  to  say,  what  I  have  several 
times  hinted  before,  that  I  do  most  sincerely  defer  to  many  worthy 
gentlemen  here,  whose  superior  experience,  wisdoin,  and  cflicion- 
cy,  I  gladly  acknowleilge;  yet  that  I  claim,  in  my  olficial  capacity 
perfect  equality  of  power  and  dignity  witli  the  piinidest  Senator  in 
this  hall,  and  ihtit  I  shall  at  all  times  bo  prepared  to  vindicate  my 
rights  against  assailment  from  any  quarter  whatever,  whether 
open  and  manly  or  covert  and  insidious  I  conclude  with  the 
words  of  a  distinguished  member  of  this  body,  uttered  in  this 
chamber  some  years  since:  "  This  is  a  Senate  of  equals,  composed 


of  men  of  individual  worth  and  of  absolute  independence.    We  kaow| 

no  ruasters;  we  acknowledge  no  superiors."  , 

Mr.  MANGUM.— I  do  not  rise  to  protract  this  debate,  but  sim- ' 
ply  to  slate  the  grounds  on  which  my  vote  will  be    given.     I  have  : 
recretted  that  any  irrelevant  topics  have  been  introduced.     I  have 
listened  with  great   interest  to  the  expositions  given  to-day,  and 
especially  to  the  remarks  of  the  Senator  from   New  York.     He,  I ' 
know,  has  bad  opportunities  of  acquiring  valuable  information  on 
the   subject  of  the   government  of  the   Papal   States,   having  for  ■ 
some  time  resided  at   Rome,   and   his  views  are  thus  entitled  to 
great  consideration,  for  I  have  been  long  convinced  that  the  know-  ' 
ledge  acquired  from  books  with  regard  to   the  social  «nd  political 
condition  of  mankind  is  always  more   or   less  defective,  and  is  far 
inferior  to  that  to  be  obtained  by  looking  at  the  people  themselves,  i 
I  have  also  listened  with  interest  to  the  expression  of  the  views  of 
my  colleaL'ue  on  other  aspects  of  the  case.     His  views  were  pre. 
seated  with  great  clearness,  and  on  some  points  his  argument  was, 
in  mv  opinion,   quite   conclusive.     But   I    think  our  action  on  this 
matter  should  be  determined   on   other   grounds   entirely.     In  one 
point  of  view,  the   remarks  of  the  Senator  Irom  New  York  m^de 
a  siroiiii  imprei^sion    upon   my   mind.     He   gave  the  extent  of  the  : 
commercial  traflic  of  Rome.     I  understand  the  commerce  of  Great 
Britain  with  the  Papal  States  amounts    to   some  fourteen  mdlions 
of  dollars. 

Mr.  DIX. — The  commerce  in  all  Italy. 

Mr.  M.\NGUM. — Including  Naples,  Turin  and  other  ports.  A' 
these  two  points  we  have  already  diplomatic  representatives.  I 
indicated  yesterday  that  this  subjt^  had  been  the  topic  of  a  con- 
versation some  years  ago  in  a  very  intelligent  circle,  and  it  bad 
struck  me  very  forcibly  that  we  could  unite  these  missions  in  one 
of  the  first  grade,  which,  with  the  aid  of  consuls,  or  consuls-gen- 
ral.  as  might  be  thought  most  expedient,  would  be  eminently  de- 
sirable. Although  I  go  for  the  doctrine  of  non-intervention  as 
strongly  as  any  one,  and  hold  that  it  is  no  part  of  our  mission  to 
interlere  with  the  creed,  civil,  religious,  or  political,  of  any  other 
people,  yet  it  is  in  my  judgment,  vastly  important  ihat  we  should 
be  correctly  informed  in  reg.'ird  to  great  political  movements  in 
other  parts  of  the  world,  that  may  aflect  our  commercial  interests 
and  in  eflVct,  perhaps,  our  political  condition.  In  that  view,  Rome, 
as  the  great  point  of  confluence  of  the  intelliaeiice  and  influential 
classes  of  the  Uuropean  world,  might  be  a  favorable  location  for 
a  mission.  From  that  point  we  might  be  able  to  penetrate  Aus- 
tria and  other  States  of  Europe,  learning  many  things  of  import- 
ance to  us  to  know. 

As  regards  the  religious  considerations  which  have  been  involved 
in  this  case,  I  repeat  what  I  said  yesterday  that  we  cannot  allow  ■ 
them  any  weisht.  The  government  of  this  country  is  not  permit- 
ted to  descend  into  contact  with  any  church  influences;  and  it  is, 
i  think,  one  of  the  wisest  provisions  in  our  system  of  government, 
that  every  man  is  secured  in  the  enjoyment  of  his  religious  rights,  , 
being  free  to  worship  God  according  to  the  dictates  of  his  con- 
science. It  is  owing  to  that  that  we  are  wholly  free  from  those  . 
collisions  between  sects  which  have  agitated  other  nations.  All 
the  churches  with  us  stand  on  the  same  basis,  and  alike  depend 
wholly  on  the  voluntary  support  of  their  own  members.  This  is 
as  it  ought  to  be;  and  therefore,  in  the  present  case,  with  me.  the 
religious  consideration  has  not  the  weight  of  a  feather,  I  should 
like  to  know  the  religion  of  the  Imaum  of  Muscat!  What,  again, 
have  we  to  do  with  considerations  of  ihe  form  of  civil  government 
in  reference  to  the  establishment  of  diplomatic  lelations  with 
any  country?  All  we  look  to  is  the  existence  of  a  recognized  gov- 
ernment with  which  we  can  make  commercial  'reaties;  and  the 
only  question  that  presents  itself  in  such  a  case  is  wf.eiher  the 
commercial  inducements  are  sufiicient  to  authorize  the  establish- 
ment of  such  a  mission.  Why. in  each  of  the  small  insignificant  Bar- 
bary  States,  we  have  an  agent  for  commerc'al  purposes,  and 
charged  also  with  political  trusts.  Are  we  influenced  by  religious 
considerations  in  those  cases?  Not  at  all.  We  regard  simply  our 
commercial  interests,  and  add  to  that  the  great  political  consider- 
ations which  may  render  the  agent  influential.  And  here  I  would 
again  express  my  desire  that  a  greater  degree  of  dignity  and  re- 
spectability might  be  given  to  the  diplomatic  agents  of  the  United 
States  by  a  more  liberal  provision  for  their  suppert.  In  this  busi- 
ness, Great  Britain  exhibits  her  usual  sagacity.  She  has  connect- 
ed herself  with  every  commercial  power  on  the  face  of  the  globe 
— every  branch  of  commerce  has  been  carefully  protected  in  every 
sea,  and  wherever  she  has  sent  her  agents,  they  appear  with  a 
prestige — that  sort  of  respectability  that  grows  out  of  the  posses- 
sion of  adequate  means  to  live  in  a  stvle  becoming  their  position. 
Perhaps  no  small  degree  of  the  commercial  greatness  of  Great 
Britain  has  been  owing  to  the  wisdom  and  liberality  with  which 
she  li;is  manageil  her  diplomatic  missions. 

I  have  regretted  the  appi-ar;ince  of  any  excitement  on  this  sub- 
ject. Certainly  ill  my  judgnient  the  subject  of  itself  is  not  calculated 
to  create  any  sncb  loeling.  The  honorable  Senator  from  Missis- 
sippi will  sutfer  me  to  say  that  his  sen.sibility  on  this  subject,  in 
consequence  of  the  ide.i  that  there  is  any  purpose  entertained  on 
this  side  of  the  chamhcr  by  any  gentleman  to  treat  him  WMth  any 
less  respect  or  consideration  on  this  floor,  than  that  which  is  ex- 
tended lo  all,  has  been  needlessly  excited.  I  not  only  do  not  know 
of  any  such  design  to  treat  him  with  discourtesy,  but  I  am  sure 
that  no  such  purpose  can  bo  bo  entertained.  There  is  not  any 
»uch  purpose  on  the  part  of  my  colleague,  and  I  think  that  the  ex- 
citement which  has  been  manifested  on  this  subject,  has  been  alto- 
gether disproponioncd  to  the  importance  of  the  case. 


March  21  ] 


THE  MISSION  TO  ROME. 


395 


Mr.  CALHOUN.— I  have  had  some  hesitation  in  determining 
upon  the  vote  which  I  intend  to  give  on  this  question,  and  I  rise  to 
state  the  reasons  which  induce  me  to  vote  against  tlie  proposition 
to  strike  out.  In  the  first  place,  I  may  refer  to  those  considera- 
tions which  have  with  me,  little  or  no  weight.  1  do  not  favor  this 
mission  because  the  Pope  s  a  reformer,  though  I  do  not  at  all 
doubt  that  he  is  a  very  wise  and  liberal  reformer.  I  am  inclined 
to  think  that  he  has  gone  as  far  as  he  ought  to  go,  considering  the 
nature  of  his  power  and  the  people  whom  ho  governs  ;  and  I  do 
not  think  the  less  of  hiui  on  that  account  ;  but  on  the  contrary  I 
am  the  more  lavorably  impressed  by  his  wisdom  in  proceeding  cau- 
tiously. There  is  very  little  confidence  to  be  reposed  in  any  re- 
form that  originates  in  force  and  violence.  But,  sir,  I  do  not 
think  the  fact  that  the  Pope  is  a  reformer,  furnishes  a  sullicient 
reason  for  the  establishment  of  a  diplomatic  mission  to  the  Papal 
states.  I  am  in  favor  of  non-interference  in  the  highest  sense.  I 
wish  him  well.  I  desire  his  success.  Although  as  I  believe  the 
Pope  will  not  be  able  to  proceed  lar.  yet  he  will  succeed  to  some 
extent  in  ameliorating  the  condition  of  his  people.  Again,  it  is  to 
be  considered  that  recent  occurrences  in  Europe  may  put  an  end 
to  the  present  movement  of  the  Pope.  A  counter  movement  may 
be  made.  He  is  in  favor  of  proceeding  slowly  ;  but  there  is  a  peo- 
ple north  of  his  dominion,  who  are  of  a  very  different  temperament ; 
and  who  spring  at  a  bound  to  the  object  at  which  ihey  aim.  How 
far  the  Pope  may  be  intimidated  or  influenced  by  these  occur- 
rences, time  will  show. 

As  to  another  consideration  which  has  been  presented  in  this 
debate,  according  to  my  coneeplion,  the  federal  government  has 
nothing  whatever  'o  do  with  religion.  The  states  may  act  upon 
that  subject,  but  cerlainlv  there  is  no  power  here  to  do  so;  and  we 
have  no  risht  to  be  influenced  at  all  by  considerations  of  that  na- 
ture. And  here  let  me  say,  in  reference  to  a  remark  made  by  the 
Senator  from  Michigan,  that  I  do  hope  that  rule  which  he  says 
prevails  in  Europe  with  regard  to  the  precedence  of  the  Pope's 
legati>,  will  not  be  permitted  to  operate  here.  Our  established 
rule  is,  that  the  minister  bearing  the  oldest  commission  in  each 
grade,  takes  precedence.  I  feel  assured,  that  to  give  precedence 
here  to  the  Pope's  legate,  upon  spiritual  grounds,  whicli  is  the  case 
in  Europe,  would  produce  a  very  undesirable  and  dangerous  ex- 
citement. If  the  Pope  should  entertain  any  design  of  sending  a 
legate  to  this  government,  I  trust  that  the  precaution  of  inform- 
ing him  with  regard  to  the  difiicully  on  this  point,  will  be  ob- 
served . 

Nor  do  I  vote  for  this  mission  upon  commercial  grounds.  Our 
commerce  with  Rome  is  inconsinerable,  and  is  not  likely  to  im- 
prove. It  is  not  sufficiently  important  to  require  the  presence  of 
a  charge,  and  has  been  heretofore  very  well  attended  to  by  our  con- 
sul. The  fact,  alluded  to  by  an  honorable  Senator,  that  Rome  was 
a  point  of  confluence  for  great  numbers  travelling  for  amusement 
and  instruction,  ought  not  to  inllucnce  our  action. 

It  may,  then,  be  asked,  why  I  am  induced  to  favor  this  missif)n  ? 
My  reason  is  to  be  found  in  the  present  political  condition  ol  affairs. 
The  Italian  Slates,  not  under  the  authority  of  Austria,  and  per- 
haps. I  may  add,  some  of  these  under  the  control  of  that  power, 
arc  in  a  state  of  revolution,  which,  in  Italy,  may  very  likely  run 
to  some  excess.  We  know  that  the  Pope  is  the  central  moving 
power  of  this  reform.  We  know  that  the  Pope  has  the  power  of 
controlling  these  movements.  Now,  reform  in  Italy  may  run  into 
a  certain  degree  of  violence  and  disorder;  and  it  may  be  very  im- 
portant that  we  should  be  able  through  the  Pope  to  guard  our  com- 
merce, and  protect  our  citizens  eng;tged  in  commerce  from  injury. 
I  believe  that  Rome  is  tb^most  favorable  point  at  which  you  could 
place  a  minister,  if  events  la  Italy  should  take  a  certain  direction. 
The  reason  is  a  temporary  one,  and  I  should  therefore  put  this 
mission  on  a  temporary  basis.  It  is  possible,  that  besides  .iffording 
protection  to  it,  in  the  event  of  certain  occurrences,  through  the  in- 
fluence of  the  Pope,  a  liberal  Wrn  might  be  given  to  our  commerce 
in  Italy.  Though,  that,  undey  his  immediate  direction,  is  not  im- 
portant, yet  the  commerce  of  the  whole  of  Italy  is  very  important, 
and  may  be  made  still  more  so.  A  large  portion  of  Italy  is  admi- 
rably cultivated — better  perhaps  than  any  other  portion  of  Europe, 
and  is  inhabited  by  a  thriving  and  vigorous  population.  For  these 
reasons  I  am  induced  to  east  my  vote  against  strikiiigout  the  pro- 
vision of  the  bill. 

Mr.  CASS. — I  have  one  word  to  say  with  regard  to  the  question 
of  the  precedence  of  the  Pope's  legate.  In  Europe,  by  universal 
consent,  the  Pope's  legate  takes  precedence  of  any  member  of  the 
same  grade  in  the  diplomatic  corps.  This  is  not  a  mere  matter 
of  form  there.  It  is  a  part  of  the  general  law,  and  carries  with  it 
some  substantial  advantages.     In  this  country,  of  course,  the  prin- 


ciple is  unknown,  and  I  really  do  not  see  how  the  government  can 
be  called  on  to  settle  such  a  question. 

Mr.  CALHOUN.— It  has  settled  it. 

Mr.  CASS. — Well,  I  cannot  imagine  how  such  a  question 
could  arise,  except  as  a  mattar  of  etiquette  Tn  going  to  the  dinner 
table. 

Mr.  CALHOUN. — The  Senator  certainly  must  know  that  as 
between  the  diplomatic  corps  this  is  a  point  insisted  upon,  and  that 
it  has  been  passed  upon  here.  Within  my  recollection  a  case  has 
occurred  in  which  swords  were  drawn  between  the  French  and 
English  ministers  in  the  ante-chamber  of  the  Presidential  mansion; 
and  during  the  short  period  in  which  I  was  in  the  department  of 
State,  the  point  was  presented,  requiring  grave  deliberation,  so 
much  so  that  in  that  case  I  thought  proper  to  consult  Mr.  Adams, 
who  had  had  more  experience  in  such  matters. 

Mr.  CASS. — That  case  does  not  apply  to  the  point  of  my 
remarks. 

Mr.  CALHOUN. — It  was  then  established  that  any  minister 
should  lake  rank  according  to  the  date  of  his  commission.  Though 
as  between  ourselves  there  may  be  no  question  of  this  kind,  yet 
there  can  be  no  doubt  that  if  the  Pope's  legate,  if  sent  here,  should 
take  precedence  o(  all  the  other  members  of  the  diplomatic  corps 
in  the  face  of  this  established  principle,  I  take  it  for  granted  that 
his  claim  would  not  be  respected;  and  the  Pope  should  be  apprised 
of  it. 

Mr.  CASS. — I  assure  the  honorable  Senator  from  South  Caro- 
lina  that  were  the  Pope's  minister  here,  every  member  of  the  diplo- 
matic corps  would  make  his  bow  to  him  and  allow  hira  to  pass  first 
to  the  dinner  table. 

The  yeas  and  nays  were  then  seconded  and  taken  with  the  fol- 
lowing result :  > 

VEAS. — Messrs.  Atchison,  Badger,  Berrien,  Butler,  Hale,  Hannegan,  and 
Rnsk.— 7 

NAYS— Messrs.  Allen,  Astiley.  Atherton.  Bagby.'Bell. Bradbury.  Breese.  Callionn, 
Cass,  Ciarlte,  Clavioa,  jiavis.  of  M,i.ss.,  Davis,  of  Miss.,  Dayton.  Diclcinson,  Dix, 
Douglas.  Downs,  Peleli,  Foule,  Greene,  Hunter,  Johnson,  ot"  La.,  Johnson,  of  Gi., 
Lewis,  Mannum.  Mason.  Miller,  Moor,  Niles,  Phelps,  Turney,  Underwood,  Upham, 
Westeott,  and  Yulee. — 3(i. 

The  amendment  was  then  agreed  to,  and  no  other  amendment 
being  offered,  it  was 

Ordered,  That  the  amendments  be  engrossed  and  the  bill  read 
u  third  time. 

Th#said  bill  was  read  a  third  time  as  amended. 

Resolved,  That  tlie  bill  pass  with  amendments. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  i,i  the  amendments. 

CHURCH  LANDS   IN   FLORIDA. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Private 
Land  Claims,  to  whom  was  referred  the  memorial  of  the  trustees 
and  members  of  the  Cathol:e  church  of  St.  Augustine,  submitted  a 
report  accompanied  by  the  following  resolution: 

Resolved,  Thai  the  memorial  of  B.  Madeore,  Vicar  General,  &c.,  and  the  memo- 
rial of  the  trustees  and  members  of  the  Catholic  church  at  St,  Augustine,  Florida, 
and  all  the  accompanying  papen;,  be  printed  for  the  use  of  the  Senate,  and  that  the 
Secretary  of  the  Senate  cause  the  translations  of  papers  tiled  to  be  corrected  and  veri  - 
tied  before  the  same  are  printed,  and  all  said  documents  to  be  transmitted  to  the  Soli- 
citor of  the  Treasury,  who  is  directed  to  examine  the  same  and  investigate  said  case, 
and  procure  copies  of  all  documents  and  papers  relating  thereto,  in  the  public  depart- 
ments or  offices,  and  other  testiiiiory  that  he  can  obtain,  relating  to  the  title  oi  the 
United  Slates  to  the  property  clauue'd.  and  communicate  the  same  to  the  Senate,  and 
make  report  as  to  the  merits  of  ^aid  case  as  early  as  practicable  during  the  present 
session. 

The  resolution  was  considered  by  unanimous  consent,  and 
agreed  to. 

THE    LOAN    bIlL. 

On  motion  by  Mr.  ATHERTON,  the  prior  orders  were  sus- 
pended, and  the  Senate  proceeded  to  consider,  as  in  Committee  of 
the  Whole,  the  bill  from  the  House  of  Representatives  to  author- 
ize a  loan  not  exceeding  the  sum  of  sixteen  millions  of  dollars;  and 
it  was 

Ordered,  That  the  further  consideration  thereof  be  postponed  to 
and  made  the  order  of  the  day  for  to-morrow. 

On  motion. 

The  Senate  adjourned. 


396 


I'ETITIONS,  ETC. 


[Wednesday,    ■( 


WEDNESDAY,  MARCH  22,  1848. 


MEMORIALS    ETC.    OF    I.EGISI.ATUKES. 

Mr.  DAVIS,  of  Mississippi,  presented  a  iiiemorial  of  tlie  Legis- 
lature of  the  State  of  Mississippi,  praying  the  ailoption  of  meas- 
ures for  ensuring  greater  regularity  in  tlic  transportation  of  the 
United  States'  mails;  which  was  referred  to  the  Committee  on  the 
Post  Office  and  Post  Roads,  and  ordered  to  be  printed. 

Also,  a  resolution  passed  by  the  Legislature  of  said  State,  in 
favor  of  the  passage  of  an  act  ceding  to  that  State  a  portion  of 
public  land  lor  the  purpose  of  improving  the  navigation  of  the 
Big  Black  river;  which  was  referred  to  the  Committee  on  Public 
Lands,  and  ordered  to  be  printed. 

Mr.  ATCHISON  presented  a  momorial  of  the  Council  and 
House  of  Representatives  of  the  Territory  of  Wisconsin,  praying 
the  adoption  of  measures  for  the  extinguislnnent  of  the  Indian 
title  to  certain  lands  in  that  territory  ;  which  was  referred  to  the 
Committee  on  Public  Lands. 

PETITIONS. 

Mr.  DOUGLAS  presented  a  petition  of  citizens  of  Peoria  coun- 
ty, Illonois,  praying  that  the  public  domam  may  be  distributed  in 
suitable  quantities  to  actual  settlers,  not  possessed  of  other  lands, 
without  price;  which  was  referred  to  the  Committee  on  Public 
Lands. 

Mr.  CAMERON  presented  the  petition  of  Rebocca  Robeson, 
■widow  of  a  deceased  revolutionary  officer,  praying  to  be  allowed 
a  pension;  which  was  referred  to  the  Committee  on  Pensions. 

Also,  the  petition  of  Cadwalader  Evans,  praying  the  purchase, 
by  the  government,  of  his  patent-right  for  an  invention  for  prevent- 
ing the  explosion  of  steam-boilers;  which  was  referred  to  the  Com- 
mittee on  Patents  and  the  Patent  Office. 

Mr.  WESTCOTT  presented  a  petition  of  citizens  of  Apala- 
chicola,  Florida,  praying  an  alteration  of  the  plan  of  the  light- 
bouse  now  in  progress  of  construction  on  Cape  San  Bias  ;  which 
was  referred  to  the  Committee  on  Commerce.  • 

Mr.  MOOR  presented  a  petition  of  Albert  Dole,  and  others, 
citizens  of  the  United  States,  praying  certain  modifications  of  the 
patent  laws,  and  a  repeal  of  the  act  of  February  26,  1845,  ex- 
tending a  patent  heretofore  granted  to  William  Woodworth; 
which  was  referred  to  the  Committee  on  Patents  and  the  Patent 
Office. 

Also,  a  petition  of  Albert  Dole  and  others,  citizens  of  the  Uni- 
ted States,  praying  an  amendment  of  the  17f,li  section  of  the  act 
of  July  4,  1836,  in  relation  to  granting  injunctions  against  pr.tent 
rights  ;  which  was  referred  to  the  Committee  on  Patents  and  the 
Patent  Office. 

Also,  a  petition  of  citizens  of  Maine  and  Massachusetts,  pray- 
ing that  lumber  manufactured  in  New  Brunswick,  from  timber 
grown  in  the  State  of  Maine,  may  be  admitted  into  the  United 
States  free  of  duty. 

Mr.  MOOR  said  :  As  this  is  a  matter  of  considerable  iiniiort- 
anoe  to  the  Slate  I  in  part  represent,  as  well  as  to  these  petitioners, 
1  feel  it  to  be  mv  duly  to  state  some  of  the  facts  connected  with 
the  subject.  In' the  treaty  of  Washington  is  contained  a  provi- 
sion for  the  benefit  of  the  inhabitants  of  that  part  of  Maine  which 
is  watered  by  the  St.  John's  river  and  its  tributaries,  and  as  the 
provision  may  not  be  familiar  to  the  Senate,  I  beg  leave  to  read 
iVom  the  treaty: 

It  provifles  "that  the  product  of  the  forest  in  loo;?,  lumber,  timber  boards,  staves  anJ 
shingles,  grown  in  many  ol"  those  parts  of  the  State  of  Muine.  watered  by  the  river  St. 
John's  ami  its  tributaries,  having  their  sources  in  the  Slate  of  Maine,  to  and  from  the 
seaport  al  tlie  mouth  of  said  river,  St.  John's,  and  round  the  falls  of  said  river,  either 
by  boats,  raits,  or  otlierwije." 

This  clause  was  in.serted  avowedly  for  the  purpose  of  promoting 
the  inlcrests,  and  stimulating  the  industry  of  the  inhabitants  of 
that  partitrular  part  of  tlic  country.  There  is  also  another  )vrovi- 
sion  which  says  that  the  agricultural  produce  of  the  state  of 
Maine,  passing  through  the  province  of  New  Brunswick,  shall  be 
dealt  with  as  if  it  were  grown  in  that  province.  Under  this  pro- 
vision the  authorities  of  New  Brunswi<;k  have  imposed  upon  all 
the  lumber  of  the  state  of  Maine,  which  passes  through  that  pro- 
vince an  export  duty.  Formerly  there  was  a  crown  land  duly  of 
a  shilling  a  ton,  upon  all  timber  cut  on  the  crown  land  in  New 
Brunswick,  but  after  the  passage  of  tin-  treaty,  that  duly  was 
remitted,  and  an  export  duty  was  imposed  uiion  iheir  own  luiiiher, 
and  ours  also,  thus  subjecting  the  timber  grown  in  the  state  of 
Maine,  which  is  bound  to  pass  through  New  Brunswick  in  order 
to  reach  a  market  at  home  or  abroad,  to  taxation. 

Now  the  citizens  of  Maine  generally  believe  that  this  tax  is  a 
violation  of,  al  least,  the  spirit  of  the  treaty  of  Washington — if 
that  treaty  ever  had  any  spirit.  They  believe  it  is  a  wrong  in- 
flicted upou  them — that  it  is  an  invasion  of  their  rights,    J  shall  on 


some  future  occasion  call  the  attention  of  the  Senate  to  this  subject 
by    a    resolution    calling    upon    the   President    for  the    correspon- 
dence which  has  passed  between  this  government  and  the  govern- 
ment of  Great   Britain  touching   this   imposition  of    duties  upon 
American  lumber. 

The  object  of  this  petition  is  to  meet  another  evil.  The  lumber 
of  the  Slate  of  Maine  that  is  cut  upon  the  waters  of  the  St.  John's 
and  Its  tributaries  not  only  meets  \\ith  this  imposition  of  duties  un- 
der the  provincial  law,  but  it  also  encounters  a  legislative  enact- 
ment at  home  which  denationalizes  it.  The  tariH'  of  1846 
imposes  a  duty  upon  lumber  imported  into  the  United  States,  and 
the  construction  put  upon  this  is  that  all  lumber  which  is  manufac- 
tured in  New  Brunswick,  although  it  may  have  been  taken  from 
the  State  of  Maine  originally,  upon  re-entering  the  Stale  is  subject 
to  this  duty.  But  that  which'is  cut  on  the  south  and  west  side  of  the 
St.  John's  river  on  American  soil  must  be  manufactured  in  New 
Brunswick  in  order  to  be  fitted  for  the  market — and  being  manu- 
factured there  under  the  construction  given  to  the  law  by  the  Sec- 
retary of  the  Treasury  it  becomes  denationalized,  and  before  it  can 
reaeli  the  market  a  duty  has  to  be  paid  of  some  two  dollars  and  a 
half  a  thousand.  It  is  to  remedy  this  evil  thet  these  memorialists 
have  petitioned  Congress.  I  will  state  the  amount  of  interest 
which  the  State  of  Maine  has  in  this  matter.  There  are  one  hundred 
and  forty  townships  of  land  drained  by  the  St.  John's  and  its  tributa- 
ries, and  lying  on  the  south  and  west  side  of  that  river,  within  the 
State  of  Maine,  each  township  containing  about  twenty-three 
thousand  acres,  making  a  territory  equal  to  five  thousand  square 
miles,  nearly  as  large  as  one  of  the  smaller  states  of  the  Union. 
This  territory  is  well  timbered,  and  the  enterprise  of  our  citizens  has 
induced  theni  to  carry  their  operations  even  beyond  the  highlands, 
which  were  divided  by  Great  Britain  as  the  dividing  line  between 
this  country  and  the  Province  of  New  Brunswick.  A  large  por- 
tion of  the  produce  of  this  vast  tract  of  land  must  necessarily  go 
down  the  St.  John's  river,  and  in  doing  so,  the  owners  have  to  pay 
a  provincial  duty  of  fifty  cents  a  thousand,  in  addition  to  the  duties 
of  two  dollars  and  fifty  cents  a  thousand — making  altogether  three 
dollars  a  thousand.  This  amounts  to  a  prohibition.  A  portion  of 
this  land  is  owned  by  citizens  of  the  State  of  Maine  and  Massachu- 
setts, but  chiefly  by  the  two  States,  and  in  consequence  of  these 
duties  lumber,  the  product  of  the  forests  of  Maine,  is  excluded 
from  our  own  market.  For  the  purpose  of  urthering  the  views 
of  the  petitioners,  I  give  notice,  that  I  will  to-morrow,  ask  leave 
to  introduce  a  bill;  and  for  the  purpose  of  calling  the  attention  of 
the  country  to  the  correspondence  between  our  government  and 
the  government  of  Great  Britain,  relative  to  our  rights  under  the 
tbiril  article  of  the  treaty  of  Washington,  I  have  a^resolution, 
which  when  in  order,  I  will  ask  permission  to  offer.  I  ask  that  the 
jietition  may  be  referred  to  the  Committee  on  Finance. 

Mr.  DICKINSON.— I  would  suggest  that  it  ought  to  go  to  the 
Committee  on  Foreign  Relations  or  to  the  Committee  on  the 
Judiciary. 

Mr.  MOOR.— It  seeks  for  relief  from  ^e  operation  of  the  reve- 
nue laws.  The  duties  now  imposed  amount  to  a  prohibition.  I 
sup|)ose  the  Finance  Committee  to  be  the  appropriate  committee. 
The  correspondence  when  received  will  go  to  the  Committee  on 
Foreign  Relations. 

The  petition  was  referred  to  the  Committee  on  Fin.ance  and  or- 
dered to  be  printed. 

Mr.  BRADBURY  presented  a  memorial  of  Nathan  Cummings 
and  others,  citizens  of  the  United  States  and  owners  of  lands  sup- 
posed to  be,  at  the  time  of  purchasing,  within  the  limits  ol  the 
State  of  Maine,  but  since  ceded  by  the  treaty  of  Washington  to 
Great  Britain,  praying  that  the  products  of  those  lands  may  be 
admitted  into  the  ports  of  the  United  States  free  of  duties. 

Mr.  BRADBURY  said  :  The  petitioners  in  this  case  are  citi- 
zens of  the  United  States,  and  nearly  all  of  them  of  the  State  of 
Maine.  They  are,  in  some  respects,  similarly  situated  with  those 
whose  petition  has  just  been  presented  by  my  colleague.  They 
are  the  owners  of  land  within  the  former  limits  of  that  State.  Con- 
gress, with  great  unaniniily,  declared  our  boundary  to  be  such  as 
embraced  the  region  where  this  land  is  situated.  The  purchase 
was  made,  as  the  petitioners  allcdge,  in  the  full  belief  that  the 
land  was,  and  would  be  held  to  be,  witiiin  our  limits.  It  was  of  a 
very  considerable  tract,  more  than  two  hundred  and  thirty  thou- 
sand acres  I  think,  and  for  which  a  large  amount  of  money  was 
paid.  By  the  treaty  of  Washington  this  land  is  |)laccd  within  the 
Province  of  Lower  Canada.  It  is  valuable  principally  for  the  tim- 
ber upon  it  ;  and  this  timber  is  now  subject  to  onerous  burdens. 

The  petitioners  ask  for  relief,  either  by  an  appropriation  that 
shall  afTord  them  adequate  compensation  for  the  damages  sustained 
by  the  cession  which  placed  their  land  out  of  the  limits  of  the  Uni- 
ted States,  or  by  a  remission  of  duties  on  their  lumber,  and  allow- 
ing it  to  be  entered  and  sold  in  ouv  own  markets  duty  free.    And 


March  22.] 


HEMP  FOR  THE  NAVY. 


397 


they  further  ask  the  interposition  of  this  government  to  procure  an 
exemption  of  their  timber  from  the  export  duly  imposed  on  it  when 
passinsr  down  the  St.  John's  river. 

So  far  as  it  relates  to  timber  cut  upon  lands  within  the  State, 
the  imposition  of  the  export  duty  by  the  Provincial  government  ol 
New  Brunswick,  is  regarded  as  a  violation  of  stipulations  in  the_ 
treatv  of  Washington.  It  is  in  manifest  violation  of  the  spirit  ol 
that  treaty  and  of  a  right  intended  to  be  secured. 

The  petition  was  referred  to  the  Committee  on  Finance  and  or- 
dered to  be  printed. 

Mr.  BUTLER  presented  the  petition  of  Thomas  Roll,  a  revo- 
lutionary  soldier,  praying  to  be  allowed  a  Pension  ;  which  was  re- 
ferred to  the  Comraiitee  on  Pensions. 

KXPOBT  DCTIES  ON  AMERICAN  LUMBER. 

Mr.  MOOR  submitted  the  following  resolution  for  consideration  : 

Hf^olved,  Tli.it  the  President  of  tlie  United  States  be  requested  to  communicate  to 
theSenate,  copies  of  the  correspondence  which  has  raken  pl.'ice  since  An^'iist.  I&42, 
between  tile  authorities  of  tlie  American  and  British  governments,  in  relation  to  ex- 
port duties  on  American  lumlier  exacted  or  levied  by  the  Provincial  or  other  Brituii 
authorities  in  New  Brunswick  ;  or  copies  oi  sucli  portions  of  that  correspondence  as 
may  be  communicated  without  detriment  to  the  public  interests. 

TARIFF  OF  FEES  IN  U.  S.  COURTS. 

Mr.  WESTCOTT  submitted  the  following  resolution,  which 
was  consideretl  by  unanimous  consent  and  agreed  to: 

Resolved,  Tliat  the  Committee  on  the  Judiciary  be  instructed  to  inquire  into  the 
expediency  of  proviilinj:  by  law  for  an  uniform  taritf  of  fees  and  costs  to  be  allowed  in 
allcases  in  the  courts  of  the  United  States;  to  report  by  bill  or  otherwise. 

MAIL  ROUTE. 

Mr.  ASHLEY  submitted  the  following  resolutien,  which  was 
considered  by  unanimous  consent  and  agreed  to: 

Resohed,  That  the  Committee  on  the  Post  Office  .and  Post  Roads  be  instructed  lo 
inquire  into  the  expi^diency  of  establishing  a  post  route  from  Benton  in  Saline  county 
to  Pine  Blulfi  in  Jejferson  county,  Arkansas. 

ISLANDS    IN  THE    MISSISSIPPI    AND    MISSOURI. 

Mr.  ATCHISON  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to: 

Reolved,  That  the  Committee  on  Public  Lands  be  instructed  to  iuquiro  into  the  ex- 
pediency of  providing  by  law  for  the  sale  of  the  Islands  in  the  Mississippi  and  Missouri 
rivers,  not  heretofore  surveyed  and  offered  for  sale. 

PRIVATE    BILLS. 

Mr.  DAYTON,  from  the  Committee  on  Patents  and  the  Patept 
Office,  to  whom  was  referred  the  bill  from  the  House  of  Repre- 
sentatives for  the  relief  of  E.  G.  Smith,  reported  it  without 
amendment. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  were  referred  the  bills  from  the  House  of  Repre- 
sentatives  for  the  relief  of  Jonathan  Moore,  of  the  State  of  Massa- 
chusetts; for  the  relief  of  Robert  Ellis;  antj  for  the  relief  of  Catha- 
rine Fulton,  of  Washington  county,  Pennsylvania,  reported  them 
without  amendment. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  to  change 
the  name  of  Photius  Kavasales  to  that  of  Photius  Fisk,  reported  it 
without  amendment. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  was  referred  the  petition  of  Polly  Taylor,  submitted 
a  report  accompanied  by  a  bill  lor  her  relief. 

Tlje  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

U.    S.    COURTS    IN    GEORGIA. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  for  divid- 
ing the  State  of  Georgia  into  two  judicial  districts;  and  organizing 
and  establishing  an  additional  district  court  of  the  United  States, 
with  circuit  court  powers  and  jurisdiction,  reported  it  without 
amendment. 

RETIRED    LIST    IN   THE    N.WY. 

Mr.  YULEE,  fi-omthe  Committee  on  Naval  Affairs,  to  whom 
the  subject  was  referred,  reported  a  bill  to  promote  the  eiRciency 
(if  the  navy;  which  was  read  and  passed  to  the  second  reading. 

COLLECTION    DISTRICT    OF    NEW    ORLEANS. 

Mr.  DIX,  from  the  Committee  on  Commerce,  to  whom  was  re- 
ferred the  bill  from  the  House  of  Representatives,  relating  to  the 
collection  district  of  New  Orleans,  reported  it  without  amend- 
ment. 

MESSAGE    FROM    THE    PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States  by  Mr.  Walker,  his  Secretary: 

Mr.  President:  The  President  of  the  United  States  approved  and  signed,  Iha  21st 
instant,  the  enrolled  bill  for  the  rehef  of  the  heirs  of  John  Paul  Jones. 

Ordered,  That  the  Secretary  notify  the  House  of  Kepresenta- 
tives  accordingly. 


AMERICAN    HEMP    FOR    THE    USE    OF    THE    NAVY. 

On  motion  by  Mr.  YULEE,  the  prior  orders  were  suspended, 
and  the  engrossed  joint  resolution  to  promote  the  purchase  ol 
American  hemp  for  the  use  of  the  American  Navy  was  read  a  third 
time. 

The  question  being  on  the  passage  of  the  resolution — 

Mr.  YULEE. — As  an  inquiry  was  made  by  my  honorable  friend 
the  other  day,  in  reference  to  this  subject,  I  desire  now  to  state 
to  the  Senate  that  this  resolution  was  referred  to  the  Committee  on 
Naval  Alfairs,  and  their  consideration  of  it  resulted  in  reporting 
the  resolution  to  the  Senate,  with  a  recommend  ition  for  the  favo- 
rable action  of  this  body  upon  it,  founded  upon  the  previously  es- 
tablished system  with  regaid  to  the  purchase  of  hemp,  for  the  use 
of  the  Navy.  It  will  be  found  by  exaniinina  the  proceedings  of 
Congress,  that  four  or  five  years  ago,  a  system  in  reference  to 
American  hemp  was  adopted,  and  that  that  sj-stem  has  been  jiur- 
sued  by  subsequent  legislation.  The  only  difference  between  that 
and  the  one  now  proposed,  is  that  this  resolution  provides  that  the 
Secretary  mav  make  the  contracts  for  a  period  not  exceeding  five 
years,  and  that  the  receiving  and  inspeeling  of  the  hemp  may  lake 
place  at  the  place  of  puichase.  The  Secretary  is  of  opinion  that 
there  will  be  a  considerable  saving  to  the  government  eflected  by 
this  plan,  because  the  refuse  hemp  can  be  sold  to  the  hunters  and 
trappers.  I  find  that  the  price  of  hemp  has  been  as  high  as  one 
hundred  and  eighty  dollars  a  ton,  and  it  is  expected  that  the  Sec- 
retary will  be  able  to  procure  it  for  one  hundred  and  ten.  This 
will  be  a  very  large  reduction.  And  I  learn  also,  that  American 
hemp  is  of  a  very  superior  quality  The  committee,  therefore, 
considering  the  resolution  to  be  in  keeping  with  the  system  al- 
ready established  by  Congress,  and  that  it  would  probably  be  of 
advantase  to  the  Naval  service  have  thought  proper  to  recommend 
the  resolution  to  the  favorable  consideration  of  the  Senate. 

Mr.  NILES  moved  to  amend  the  resolution  by  inserting  the 
following  proviso — "provided  that  it  shall  be  received  by  the  Na\'y 
department  at  the  average  price  at  which  foreign  hemp  can  be 
pi-ocured  at  the  time  of  delivery." 

Mr,  HALE. — It  seems  to  me  that  this  bill  ought  not  to  pass. 
It  seems  to  me  that  the  price  paid  for  hemp  should  not  be  the  price 
which  it  has  borne  for  the  last  five  years.  I  take  the  same  ex- 
ception which  was  taken  by  the  honorable  Senator  from  Pennsyl- 
vania the  other  day,  that  if  this  article  is  to  be  protected,  other 
articles,  such  as  iron  and  coal  should  also  be  protected. 

Mr.  DOUGLAS. — The  object  of  this  bill  is  not  the  protection 
of  American  hemp,  for  it  can  be  furnished  cheaper  than  the  foreign 
article.  The  object  is,  by  authorizing  the  contracts  for  a  longer 
period  to  procure  the  supply  upon  more  favorable  terms.  The 
new  method  of  preparing  hemp  in  the  western  country  involves  a 
considerable  outlay,  and  this  enlargement  of  the  time  in  which  the 
hemp  is  to  be  furnished  affords  an  opportunity  to  those  engaged  in 
its  preparation  to  produce  the  article  at  less  cost  to  themselves. 
The  resolution  contains  a  restriction,  that  the  price  to  be  paid 
shall  not  be  above  the  price  of  the  foreign  article,  and  the  depart- 
ment is  satisfied  that  it  can  be  procured  for  much  less. 

Mr.  HALE. — I  have  not  the  least  objection  to  the  resolution, 
so  far  as  it  authorizes  the  Secretary  to  make  constructive  contracts 
for  five  years.  But  I  do  object  to  giving  him  permission  to  give 
the  same  price  five  years  to  come,  that  has  been  paid  for  five 
years  past.  If  there  is  any  meaning  at  all  in  that  portion  of  the 
resolution,  it  had  better  be  stricken  out.  I  shall  ask  for  the  yeas 
and  nays  in  order  that  those  who  do  not  think  it  right  to  give  this 
authority  to  pay  this  price  may  record  their  votes  against  it. 

The  yeas  and  nays  were  not  seconded. 

Mr.  NILES. — As  far  as  regards  the  making  of  long  contracts, 
there  can  be  no  objection  to  the  provisions  of  this  resolution,  but 
as  the  Senator  from  New  Hampshire  has  said,  the  price  which  has 
heretofore  been  paid  is  altogether  too  high  to  be  made  the  stand- 
ard of  what  shall  be  paid  in  future.  I  am  willing  to  give  Ameri- 
can hemp  the  preference  in  the  naval  service,  provided  no  more  is 
to  be  paid  for  it  than  the  market  price.  The  price  to  be  paid 
ought  not  to  be  discretionary  with  the  Secretary. 

Mr.  YULEE. — I  would  suggest  to  the  Senator,  that  one  of 
the  advantages  of  long  contracts  over  those  for  one  year  is  to 
secure  the  government  against  the  fluctuations  in  price.  In  the 
purchases  of  hemp  the  government  has  had  to  go  as  high  as  one 
hundred  and  eighty  dollars  per  ton,  and  the  probability  is,  that 
from  the  disturbances  in  Europe,  for  the  next  five  years  the  price  of 
loreisn  hemp  will  be  greater  than  it  has  been  heretofore.  The 
opinion  of  ihe  Secretary  was,  that  there  would  be  a  saving  by  this 
arrangement.  With  regard  to  the  average  cost  for  the  last 
four  or  five  years,  I  will  remark  that  the  terms  of  the  resolution 
contain  a  limitation  upon  the  exercise  of  discretion  on  the  part  of 
the  Secretary. 

Mr.  NILES. — The  Senator  says  that  hemp  has  cost  sometimes 
as  much  as  one  hundred  and  eighty  dollars  per  ton,  and  that  the 
•price  recently  has  been  one  hundred  and  ten  dollars.  The  ave- 
rage price  then  would  be  greatly  beyond  what  it  can  be  purchased 
for  now. 

Mr.  YULEE. — The  Senator  misunderstands  me.  One  hundred 
and  ten  dollars  is  the  price  at  which  the  Secretary  expects  to  be 
able  to  purchase  it  under  large  contracts.  One  hundred  and  twenty 
dollars  would  be  the  average. 


398 


THE  LOAN  BILL. 


[Wednesday, 


Mr.  NILES. — The  principle  would  be  the  same.  The  price  is 
now  tkllinp;.  I  think  we  ought  not  to  pay  what  has  been  the  ave- 
rage lor  the  last  five  years. 

Mr.  UNDERWOOD. — The  resolution  fs  worded  in  such  away 
as  to  give  the  Secretary  of  the  Navy  a  discretionary  power  over 
the  subject,  and  I  think  there  are  advantages  in  giving  tliis  discre- 
tionary power,  and  in  permitting  him  to  make  large  contracts,  be- 
cause the  process  of  water-rotting  hemp  is  different  from  the  old 
mode,  and  the  effect  of  the  discretionary  power  would  be  to  make 
more  advantageous  contracts.  Those  who  adopt  the  process 
of  water-rotting  have  to  go  to  considerable  expense  in  prepa- 
tion  which  they  would  not  clo  if  the  sale  of  the  article  depended 
upon  the  state  of  things  as  they  now  exist.  I  hope  that  the  Se- 
nate will  perceive  the  advantage  that  will  arise  out  of  it  and  pass 
the  resolution  in  its  present  shape.  The  Secretary  is  not  com- 
pelled, in  making  the  contracts,  to  come  up  to  the  average  price. 
He  will  have  tlie  interests  of  the  government  in  view,  I  have  no 
doubt,  and  obtain  the  contracts  upon  the  most  favorable  terms.  I 
hope,  therefore,  that  the  recommendation  of  the  committee  will 
be  adopted. 

Mr.  BALDWIN. — I  would  enquire  of  the  chairman  of  the  Com- 
mittee, whether  there  is  any  change  made  in  regard  to  the  neces- 
sity of  advertising. 

Mr.  YULEE. — It  will  not  be  under  this  resolution  necessary  to 
advertise. 

Mr.  BALDWIN. — I  would  be  glad  if  the  chairman  would  ex- 
plain why  it  is  that  advertising  will  not  be  necessary  under  the 
new  system. 

Mr.  YULEE. — There  isl)ut  one  establishment  where  the  pro- 
cess of  water-rotting  is  carried  on,  the  Secretary  will  be  enabled 
to  make  contracts  upon  terms  advantageous  to  the  government 
hy  reason  of  the  longer  time  which  the  contracts  will  have  to  run. 
And  for  the  same  reason  there  will  be  no  necessity  for  advertising. 

Mr.  CRITTENDEN. — I  beg  leave  to  make  a  single  remark. 
The  honorable  Senator  is  mistaken  in  supposing  there  is  but  one 
establishment  at  which  this  water-rotted  hemp  is  made.  There 
are  several  ;  and  it  is  a  matter  that  is  of  great  importance  to  the 
whole  western  country.  I  am  in  favor  of  this  resolution.  One 
reason  for  dispensing  with  advertising  is  1  appreliend,  that  by  the 
terms  of  the  resolution  you  fix  the  price  which  you  are  to  pay, 
which  is  not  to  exceed  the  average  price  of  the  foreign  article. 
This  is  easily  ascertained.  The  object  of  competition  is  generally 
to  reduce  prices  ,  here  you  take  an  ascertaiied  price  and  say  that 
you  will  .give  that  price  for  five  consecutive  years.  I  hope  that 
the  resolution  will  be  adopted. 

Mr.  HALE  again  asked  for  the  yeas  and  nays,  and  they  were 
ordered. 

The  yeas  and  nays  were  then  taken  on  the  passage  of  the  reso- 
lution, and  it  was  determined  in  the  affirmative  as  follows  ; 

YEAS — Messrs.  Ashley,  Atchison,  Railger.  Bell,  Benton,  Berrien,  Bmiihiiry. 
Breese,  Cameron.  Ciaj-ton,  Crittenden,  Davis,  of  Miss.,  Dayton,  Douglas,  Downs, 
Fclch,  Greene,  Johnson,  of  I, a,,  Johnson,  of  Ga.,  Miller,  Moor,  Phelps,  Rnsk,  Spru- 
ance,  Underwood,  Uplmni,  Webster,  Yniee. — iid. 


NAYS— Messrs.  Athfrton,  Bagby,  Boiler,  Calhonn,  Hale,  Hunter,  Lewu,  Ma 
son,  Niles,  Turney. — 10. 

So  it  was 

Resolved,  That  this  resolution  pass,  and  that  the  title  tliereof  be  as  aforesaid 

Ordered,  That  the  Secretary  request  the  concurrence  of  th« 
House  of  Representatives  therein. 

THE    VOLnNTEER    BILL. 

Mr.  CASS  gave  notice  that  as  soon  as  the  loan  bill  shall  have 
been  disposed  of,  he  will  move  to  proceed  to  the  consideration  of 
the  bill  providing  for  the  further  prosecution  of  the  existmg  war 
between  the  United  States  and 'the  republic  of  Mexico. 

MESSAGE    FROM    THE    PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States,  by  Mr,  Walker,  his  Secretary  ; 

To  the  Senate  of  the   United  Stntes  : 

I  transmit  herewith  a  report  from  the  Secretary  of  Stale,  with  the  accompanyiog 
doeuments.  in  complianee  with  the  resolution  ot*  tlie  Senate  of  the  24th  January, 
1S4.S,  requesting  the  President  to  commnnicate  to  the  Senate,  if  not  inconsistent  with 
the  public  interest,  the  correspondence  of  Mr,  Wise,  late  minister  of  the  United  States 
at  the  court  of  Brazil,  with  the  Department  of  State  of  the  L^niled  States. 

JAMES  K.  POLK. 

WA.SHISDTON,  March  22  184?. 

The  message  having  been  read —  ' 

On  motion  by  Mr.  HANNEGAN,  it  was 

Ordered,  That  it  be  referred  to  the  Committee  on  Foreign  Re- 
lations anil  be  printed. 

THE    LOAN    BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con 
sideration  of  the  bill  from  the  House  of  Representatives  to  autho- 
rize a  loan  not  to  exceed  the  sum  of  sixteen  millions  of  dollars. 

The  amendments  reported  from  the  Committee  on  Finance  were 
considered  and  agreed  to. 

No  further  amendment  being  made,  the  bill  was  reported  to  the 
Senate  and  the  amendments  were  concurred  in. 

The  question  being  upon  ordering  the  amendments  to  be  en- 
grossed and  the  bill  to  be  read  a  third  time — 

Mr.  ATHERTON  addressed  the  Senate  in  reference  to  the  fi- 
nancial allairs  of  the  government. 

Mr.  WEBSTER  then  took  the  floor,  and  on  his  motion  the  fur- 
ther consideration  of  the  bill  was  postponed  until  to-morrow. 

EXECUTIVE     SESSION. 

On  motion  by  Mr.  HANNEGAN,  the  Senate  proceeded  to  the 
consideration  of  Executive  business,  and  after  some  time  spent 
therein. 


The  Senate  adjourned. 


March  23.] 


THE  LOAN  BILL. 


399 


THURSDAY,  MARCH  23,  1848. 


COMMUNICATION  FROM  THE    NAVY  DEPARTMENT. 

The  VICE  PRESIDENT  laid  before  ttie  Senate  a  communica- 
tion from  the  Secretary  of  the  Navy,  accompanied  by  seventy  five 
copies  of  the  Navy  Register  for  the  year  1848. 

REPORT  OF  THE  SECRETARY  OF  THE  SENATE. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the 
Secretary  of  the  Senate,  made  in  pursuance  of  a  resolution  of  the 
Senate,  in  relation  to  the  causes  of  the  delay  in  printing  the  re- 
port of  Dr.  Wislizenus. 

RESOLUTIONS    OF    STATE    LEGISLATURES. 

Mr.  FELCH  presented  a  resolution  passed  by  the  Lesislature 
of  the  State  of  Michigan,  in  favor  of  the  establishment  of  a  mail 
route  from  Detroit  to  Michigan,  in  that  State  ;  which  was  refer- 
red to  the  Committee  on  the  Post  Office  and  Post  Roads  and  or- 
dered to  be  printed. 

Also,  a  resolution  passed  by  said  Legislature  in  favor  of  the  pas- 
sage of  an  act  granting  to  the  St.  Mary's  Canal  Company  the 
right  of  wav  over  the  public  lands  lying  on  the  route  of  their  ca- 
nal ;  which  was  referred  to  the  Committee  on  Public  Lands. 

Mr.  FELCH  having  moved  that  the  resolution  be  printed — 

Mr.  NILES  said  :  I  observe  that  an  unusual  practice  is  gaining 
ground  in  regard  to  the  printing  of  memorials,  and  that  it  is  beco- 
ming quite  a  common  thing. 

Mr.  FELCH. — I  understand  the  practice  to  be  that  the  resolu- 
tions of  the  Legislatures  of  the  ditferent  States  are  ordered  to  be 
printed  as  a  matter  of  course  for  the  use  of  the  Senate. 

Mr.  NILES. — Is  this  the  resolution  of  the  Legislature  ? 

Mr.  FELCH.— It  is. 

Mr.  NILES. — In  that  case  I  withdraw  ray  objection. 

The  resolution  was  ordered  to  be  printed. 

In  presenting  a  resolution  from  the  Legislature  of  New  York. 

Mr.  DICKINSON  said  :  The  subject  of  the  resolution  is  one 
which  interests  not  only  a  great  portion  of  the  citizens  of  my  own 
State,  but  the  agricultural  classes  generally  throughout  the  Union. 
It  is  a  subject  oT  the  weighti'^st  consideration,  but  as  Congress  has 
other  matters  before  it,  I  shall  not  do  more  at  this  time  than  move 
that  the  resolutions  be  printed  and  laid  upon  the  table,  which  is,  I 
believe,  the  usual  disposition  made  in  matters  of  this  kind.  With- 
out keeping  the  Senate  in  further  suspense,  L  remark  that  it  relates 
to  Jethro  Wood's  patent  plough.  I  ask  that  the  resolution  may  be 
also  read;  I  believe  that  is  usual. 

Mr.  HALE, — I  object.     It  is  not  the  usual  course. 

Mr.  DICKINSON. — Let  the  Senate  decide.  I  move  that  they 
be  read. 

The  motion  was  agreed  to,  and  the  resolution  was  read  by  the 
Secretary,  and  ordered  to  be  printed. 

PETITIONS. 

Mr.  GREENE  presented  the  petition  of  John  S.  Harris,  late 
Deputy  Collector  and  Measurer  of  the  port  of  Providence,  in  Rhode 
Island,  praying  compensation  for  his  services;  which  was  referred 
to  the  Committee  of  Claims. 

Mr.  FELCH  presented  a  memorial  of  citizens  of  the  town  of 
Sault  de  Ste  Marie,  in  Michigan,  praying  the  appointment  of  a 
board  of  Commissioners  for  the  adjustment  of  land  titles  in  that 
place;  which  was  referred  to  the  Committee  on  Public  Lands. 

Mr.  CASS  presented  the  petition  of  Sarah  Hubbard,  praying 
compensation  for  property  taken  and  destroyed  by  the  enemy  du- 
ring the  last  war  with  Great  Britain;  which  was  referred  to  the 
Committee  of  Claims. 

Mr.  HALE  presented  a  petition  of  citizens  of  Carroll  county, 
New  Hampshire,  praying  the  establishment  of  a  mail  route  from 
Ossipee  to  Moultonboro',  in  that  State;  which  was  referred  to  the 
Committee  on  the  Post  Office  and  Post  Roads. 

Mr.  UNDERWOOD  presented  the  petition  of  Henrietta  Bed- 
inger,  widow  of  a  deceased  revolutionary  otiicer,  praying  an  in- 
crease of  pension  ;  which  was  referred  to  the  Committee  on 
Pensions. 

PUBLIC    LANDS   AT    FORT    SNELIING. 

Mr.  BREESE  submitted  the  following  resolution  for  considera- 
tion : 

Jtesolved,  That  the  Secretary  of  War  be  directed  lo  inform  the  Senate  what  quan- 
tity of  public  land  has  been  reserved  from  sale  and  settlement  at  or  near  Fort  Snelling 


on  Ihf  IJiijier  Musiiiijipi  river  stating  the  quanuty  on  ea^.-h  bank  of  the  river  so  re- 
served— the  purposes  lo  whieh  the  lands  are  devoted — the  amount  of  force  at  that 
po^t.  avera;;ing  it  for  the  last  live  years,  anti  whether,  in  hts  ojiinion.  ihe  lands  re- 
served on  tlie  east  hank  of  ihe  river  are  really  necessary  for  any  militarv  purpose 

DISCHARGED. 

On  motion  by  Mr.  ATCHISON,  it  was 

Ordered,  That  the  Committee  on  Indian  Affairs  be  discharged 
from  the  further  consideration  of  the  memorial  of  tho  .Mississippi 
Baptist  State  Convention,  presented  the  9th  March. 

Ordered,  That  the  Committee  on  Indian  Afl'airs  be  discharged 
from  the  further  consideration  of  the  petition  of  Joseph  Newclf. 

DUTIES    ON    LUMBER 

Agreeably  to  notice,  Mr.  MOOR  asked  and  obtained  leave  to 
bring  in  a  bill  to  admit  lumber  cut  on  the  territory  of  Maine  and 
manufactured  in  New  Brunswick,  into  the  ports  of  the  United 
States  free  of  duty  ;  which  was  read  the  first  and  second  times  by 
unanimous  consent,  and  referred  to  the  Committee  on  Finance.] 


ft,L. 


PRIVATE    B 

Mr.  CRITTENDEN,  by  unanimous  consent,  asked  and  ob- 
tained leave  to  bring  in  a  bill  for  the  relief  of  Col.  Robert  Wallace 
aid-de-camp  to  Gen.  William  Hull  ;  which  was  read  the  first  and 
second  times,  by  unanimous  consent,  and  referred  to  the  Commit- 
tee on  Military  Affairs. 

MESSAGE    FROM    THE    HOUSE. 

The  followinj  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  clerk  : 

Mr.  President  :  The  House  of  Representatives  have  passed  a  Joint  resoluuon  rcln- 
tjug  to  the  evidence  which  shall  bedieroed  satifaetory  on  application  for  bounty  lands, 
in  which  they  request  the  concurrence  of  the  Senate. 

BOUNTY     LANDS. 

The  joint  resolution  from  the  House  of  Representatives  relatin" 
to  the  evidence  which  shall  be  satisfactory  on  application  for  bounty 
lands,  was  read  the  first  and  second  times,  by  unanimous  consent. 

PRESIDING  OFFICER— If  there  be  no  objection,  this  reso- 
lution will  be  referred  to  the  Committee  on  Military  Affairs. 

Mr.  CASS. — I  hope  the  resolution  will  not  be  referred.  This 
is  a  subject  which  is  very  important,  and  I  believe  there  cannot  be 
the  slightest  objection  to  it.     I  hope  it  may  be  considered  now. 

The  Senate  proceeded  to  consider  said  resolution  as  in  Commit- 
tee of  the  Whole,  and  no  amendment  being  made,  it  was  reported 
to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  resolution   was  read  a  third  time,   bv  unanimous  con- 

sent. 

Bcsd/oed,  That  this  resolution  pass. 

Ordered,  That  the  Secretary  notify  tho  House  of  Representa- 
tives accordingly. 

DUTIES    ON   .AMERICAN    LUMBER    IN    NEW    BRUNSWICK. 

The  Senate  proceeded  to  consider  the  following  resolution  sub- 
mitted yesterday  by  Mr.  Moor,  and  it  was  agreed  to  : 

licsohril,  Thai  the  President  of  the  United  States  be  requested  to  communicate  to 
the  Senate,  copies  of  Ihe  correspondence  which  has  taken  place  since  Au"n«t  1842 
between  the  authorities  of  (be  American  and  British  povernmeols.  in  relation  lo  ex- 
port duties  on  American  himber  exacted  or  levied  by  the  Provincial  or  other  British 
auUiori'ies  in  New  Brunswick  ;  or  copies  of  such  portions  of  that  correspondence  aj 
may  beconiiuunicatcd  without  detriment  to  the  public  interests. 

NOTICE    OF   A   BILL. 

Mr.  RUSK  gave  notice  that  on  to-raorrow,  or  at  some  early 
day  thereafter,  he  would  ask  leave  of  the  Senate  to  introduce  a 
bill  to  regulate  tra.-le  and  intercourse  between  the  several  tribes  of 
Indians  residing  within  the  State  of  Texas. 

THE    LOAN  BILL. 

The  Senate  resuined  the  consideration  of  the  bill  from  the 
House  of  Representatives  to  authorize  a  K  an  not  to  exceed  the 
sum  of  sixteen  millions  of  dollars. 

Mr.  WEBSTER.— Mr.  President:  On  Friday  a  bill  passed  the 
Senate  for  the  raising  of  ten  regiments  of  new  troops  for  the  far- 
ther prosecution  of  the  war  against  Mexico:  and  we  have  been 
informed,  that  the  measure  is  shortly  to  be  followed,  in  this  branch 
of  the  Legislature,  by  a  bill  to  raise  twenty  regiments  of  volun- 
teers for  the  same  service.     I  was  desirous,  sir,  on  Friday,  to  ex- 


400 


THE  LOAN  BILL. 


[Thursdat, 


press  my  opinion  against  'the  object  of  those  bills — against  the 
supposed  necessity  which  leads  to  their  enactment,  and  against 
the  general  policy  which  they  are  apparently  designed  to  promote. 
Circumstances  personal  to  myself,  but  beyond  my  control,  com- 
pelled me  to  forego  on  that  day  the  execution  of  this  design.  The 
bill  now  before  the  Senate  is  a  measure  for  raisins  money  to  meet 
the  expenses  of  the  government,  and  to  provide  the  means  as  well 
for  other  things  as  for  the  pay  and  .support  of  these  thirty  regiments. 
Sir,  the  scenes  through  which  we  have  passed,  and  are-  passing 
here,  are  various.  For  a  fortnight  the  world  supposes  us  to  have 
been  occupied  with  the  ratification  of  a  treaty  of  peace,  and  that 
within  these  walls — 

"The  world'shiit  out" — 

notes  of  peace — hopes  of  peace — nay,  strong  assurances  of  peace, 
and  immediate  peace,  have  been  uttered  to  console  us,  and  to  cheer 
US.  It  has  been  over  and  over  again  stated,  that  wo  have 
ratified  a  treaty — of  course  a  treaty  of  peace  ;  and,  as  the 
country  has  been  led  to  suppose,  not  of  uncertain,  and  empty, 
and  delusive  peace,  but  real,  gratifying,  and  enduring  peace  ; — 
a  peace  that  shall  staunch  the  wounds  of  war,  prevent  the 
farther  effusion  of  blood,  cut  off  these  enormous  expenses, 
and  return  our  friends,  and  our  brothers,  and  our  children — if  they 
be  yet  living  ! — IVom  a  land  of  slaughter,  and  a  land  of  still 
more  dismal  destruction  by  climate,  to  our  firesides,  and  our 
ariTis.  Hardly  have  those  halcyon  sounds  ceased  upon  our  car,  un. 
til  in  resumed  public  session,  we  are  summoned  to  fresh  warlike 
operations — to  the  creation  of  a  new  army  of  thirty  thousand  men 
for  the  further  prosecution  of  the  war — to  carry  our  power,  in  the 
language  of  the  President,  still  more  directly  intr>  the  vital  jiarts 
of  our  enemy  and  to  press  home  by  the  power  of  the  sworil.  the 
claims  that  we  insist  upoii  against  a  fallen,  prostrate — I  had  al- 
most said — an  ignoble  foe  !  II  I  may  judge  by  the  opinion  of  the 
honorable  member  from  Michigan,  or  other  speeches  delivered  in 
this  chamber,  there  has  not  been  a  time  from  the  commencement 
of  the  war,  when  it  has  been  more  urgently  pressed  upon  us,  not 
only  to  maintain,  but  to  increase  our  military  means — not  only  to 
continue  the  war,  but  to  press  it  with  more  vigoi — than  at  the  pre- 
sent time.  Pray,  what  does  all  this  mean  ?  Pray,  sir,  1  ask,  is 
it  confessed,  then,  that  we  are  are  no  nearer  to  peace  than  we  were 
when  we  snatched  iTp  a  bit  of  paper  called,  or  miscalled  a  treaty, 
and  ratified  it?  Have  we  yet  to  ficht  it  out  to  the  utmost,  as  if 
no  pacification  had  intervened?  I  wish  to  treat  the  proceedings  of 
this  and  every  department  of  this  government  with  the  utmost  re- 
spect. God  knows  that  the  constitution  of  this  government — and 
the  exercise  of  its  just  powers,  in  the  administration  of  the  laws 
under  it.  have  been  the  cherished  object  of  all  my  unimportant  life. 
But  if  the  subject  were  not  too  deeply  interesting,  I  should  say  that 
our  proceedings  here  miuht  well  enough  cause  a  smile.  In  the  ordi- 
ordinary  transac  tion  of  foreign  relations,  in  this  and  all  other  go- 
vernments, the  course  has  been  to  negotiate  first,  and  to  ratifv  af- 
terwards. This  would  seem  to  be  the  natural  order  of  conduct- 
ing intercourse  between  foreign  States-  We  have  chosen  to  re- 
verse the  order.  We  ratify  first,  and  negotiate  afterwards.  We 
set  up  a  treaty,  such  as  we  find  it,  and  such  as  we  choose  to  make 
it,  and  then  wo  send  two  ministers  plenipotentiary  to  negotiate 
tbcrenponin  the  capital  of  the  enemy!  One  should  think,  sir, 
that  the  ordinary  course  of  proceeding,  was  much  the  wiser- — that 
to  negotiate,  hold  intercourse,  come  to  some  arrangement  by  au- 
thorized agents,  and  then  to  submit  that  arrangement  to  the  sove- 
reign authority,  to  which  those  agents  are  responsible — would  be 
always  the  most  desirable  method  of  procedure.  It  strikes  me, 
that  the  course  we  have  adopted,  is  strange — is  grotesque.  So  far 
as  I  know,  it  is  unprecedented  in  the  history  of  diploinaiio  inter- 
course. Learned  gentlemen  on  the  floor  of  the  Senate,  interested 
to  defend  and  vidieate  this  course,  may,  in  their  extensive  read- 
ing, have  found  examples;  I  know  none. 

Sir,  we  are  in  possession,  by  military  power  of  New  JMcxico  and 
California,  countries  belonging  hitherto  to  the  United  States  of 
Mexico.  We  are  inf  irmed  by  the  President,  that  it  is  his  purpose 
to  retain  them — to  consider  them  as  territories  fit  to  be  attached, 
and  to  be  attached,  to  these  United  States  ol  America;  and  the 
military  operations  and  designs  now  before  the  Senate,  are  intend- 
ed to  enforce  this  claim  of  the  Executive  of  the  United  States. 
Wc  arc  to  compel  Mexico  to  agree,  that  that  part  of  licr  domin- 
ions calb.'d  New  Mexico,  and  that  other  part  called  California, 
shall  be  ceded  to  us.  We  are  now  in  possession  of  these  territo- 
ries it  IS  said,  and  she  is  to  be  compelled  to  yield  the  title.  This 
is  the  precise  object  of  this  new  army  of  thirty  thousand  men.  It 
is  the  idcn'ical  object,  sir,  in  my  judgment,  for  which  the  war  was 
originally  commenced — for  which  it  has  been  hitherto  prosecuted, 
anu  in  furtherance  of  which  this  treaty  is  to  he  used,  but  as  one  of 
the  menus  to  bring  about  the  general  result;  that  general  result 
dependiim,  after  all,  upon  other  superior  powers,  and  the  necessity 
of  sidimitting  to  any  terms  which  wo  prescribe,  to  fallen — fallen — 
fallen  Mexico! 

The  members  composing  tho  other  House — the  more  popular 
branch  of  Congress — have  all  been  elected  since, — I  had  almost 
said  the  fatal,— the  remarkable  incidents  of  the  11th  of  May,  lS-l(i; 
and  it  has  passed  a  resolution  airirming  that  '•  the  war  with  Mex- 
ico was  begun  unconstitutionally  and  unnecessarily  by  the  Execu- 
tive (Government  of  the  United  States."  I  concur  in  that  sentiment. 
I  holu  that  to  be  the  most  recent,  authentic  expression  of  the  will 
and  the  opinions  of  the  people  of  the  United  Slates.  There  is 
another  proposition,  not  so  authentically  announced  hitherto,  but 
in  my  judgment  equally  true — equally  capable  of  demonstration — 
and  that  is,  that  this  war  was   begun,  has  been  contiimed,  and  is 


now  prosecuted,  for  the  great  and  leading  purpose  of  the  acquisi- 
tion  of  new  territory,  out  of  which  to  bring  new  States,  with  a 
Mexican  population,  into  this  our  union  of  the  United  States.  If 
unavowed  at  first,  this  purpose  did  not  remain  unavowed  Ion". — • 
Hov\ever  often  it  may  be  said  that  we  did  not  go  to  war  for  con- 
quest— credat  Judaus  Apella  .' — yet  the  moment  we  get  posses- 
sion of  the  territory,  it  is  said  that  we  must  retain  it  and  make  it  our 
own.  Now,  I  think  the  original  object  has  not  been  changed. 
Sir,  I  think  it  still  exists  in  the  eyes  of  those  who  originally  con- 
lemidated  it — who  began  the  war  for  it — that  it  is  as  attractive  to 
them,  and  from  which  they  have  no  more  desire  to  avert  their  eyes 
now  than  they  had  then,  or  have  had  at  any  time  since  we  have 
compelled  a  treaty  of  cession.  We  know  in  our  consciences  that  it  is 
compelled!  We  use  it  as  an  instrument,  and  an  agency  in  conjunction 
with  other  instrumentalities  and  agencies  of  a  more  formidable  or  de- 
structive character,  to  enforce  the  acquiescence  of  Mexico  in  the 
acquisition  by  us  of  new  territory  to  form  new  States — new  States 
to  be  added  to  this  Union.  Every  intelligent  man  knows  that  there 
is  a  strong  desire  in  the  heart  of  the  Mexican  citizen  to  retain  the 
territories  belonging  to  that  republic.  We  know  that  the  Mexi- 
can people  part  with  their  territory — if  part  they  must — with  re- 
gret, with  pangs  of  sorrow.  That  we  know.  We  know  the  ces- 
sion is  altogether  forced  ;  and  therefore,  because  we  know  it  must 
be  forced — because  we  know  that  whatever  the  government,  which 
is  our  creature,  may  do  or  agree  to — we  know"  that  the  Mexican 
people;  will  never  accede  to  the  terms  of  this  treaty,  but  through 
an  impulse  of  absolute  noce.s.sity  and  the  impression  made  upon 
them  by  absolute  irresistible  force.  Therclore  we  propose  to 
overwhclmn  them  with  another  army.  We  propose  to  raise  imme- 
diately ten  regiments  of  regular  troops  and  twenty  regiments  of 
volunteers,  and  to  pour  them  in  and  upon  the  Mexican  people. 

Now,  sir,  I  should  he  happy  to  concur,  notwithstanding  all  this 
tocsin,  and  all  tins  cry  of  all  the  Sempronius'  in  the  land  that  their 
voice  is  still  for  war  ; — I  .shouM  be  happy  to  agree,  and  substan- 
tially I  do  agree,  with  the  honorable  member  from  South  Carolina 
that  after  all,  the  war  with  Mexico  is  substantially  over — that 
there  can  be  no  more  fighting.  My  opinion  in  the  precent  state 
of  things  is,  that  the  people  of  this  country  will  not  sustain  this 
war.  They  will  not  go  to  the  expense.  They  will  not  find  any 
gratification  in  putting  the  bayonet  lo  the  throat  of  the  Mexican 
people.  For  my  part  I  hope  the  ten  regiment  bill  will  never  be- 
come a  law.  Three  weeks  ago  I  should  have  entertained  that 
hope  with  the  utmost  confidence.  Events  since,  have  struck  me 
■with  pain  and  shaken  my  conviction.  Still  I  hope  it  will  not  pass. 
And  here,  I  daresay,  I  shall  be  called  a  "Mexican  Whig."  A  man 
who  can  stand  up  here  and  say  that  he  hopes  that  what 'the  admin- 
istration projects  for  the  further  prosecution  of  the  war  against  Mex- 
ico, will  not  be  carried  into  effect  is  "an  enemy  to  the  country;"  or, 
what  gentlemen  would  consider  the  same  thing,  an  enemy  of  the 
President  of  the  United  States  and  his  administration,  and-his  party! 
He  is  a  "Mexican  !"  Sir,  I  think  very  badly  of  the  Mexican  charac- 
Icr.high  and  low,  out  and  out.  But  names  do  not  terril'y  me.  Besides 
if  I  am  a  suflerer  in  this  respect — if  I  be  made  the  subject  of  re- 
proach by  those  stipendiary  presses — those  hired  abusers  of  the 
motives  of  public  men — I  have  the  honor  on  this  occasion  to  be  in  very 
respectable  company.  In  the  vituperative — the  accusative — the 
denunciatory  sense  of  that  term,  I  do  not  known  a  greater  Mexi- 
can in  this  body  than  the  honorable  member  from  Michigan  at  the 
head  of  the  Military  Committee  ! 

Mr.  CASS. — I  should  like  the  honorable  gentleman  to  explain 
what  sort  of  Mexican  I  am  ! 

Mr.  WEBSTER. — That  is  exactly  the  thing  I   now  propose  to 

Mr.  CASS. — I  shall  be  glad  to  hear  the  explanation. 

Mr.  WEBSTER.— In  his  remarks  on  this  bill  in  the  Senate,  the 
other  day.  the  honorable  gentleman  told  us  that  bis  object  was  to 
frighten  Mexico — it  would  touch  his  humanity  to  hurt  her. 

Mr.  CASS. — Does  the  honorable  gentleman  mean  to  sav  that  I 
made  such  a  remark? 

Mr.  WEBSTER.— I  mean  to  say  that  tho  gentleman  said  it 
twice. 

Mr.  CASS. — I  beg  the  gentleman's  pardon.  I  .said  no  such 
thing.  Will  the  geutlenian  allow  mo  to  state  what  I  did  say?  I 
remarked  that  we  had  two  objects  to  accomplish  in  raising  these 
regiments;  one  was,  the  vigorous  prosecution  of  the  war;  and  se- 
condly, to  produce  a  moral  effect  upon  Mexico  by  convincing  her 
of  our  determination,  and  thereby  hold  out  an  inducement  to  her 
to  make  jieaee. 

Mr.  AVEBSTER. — Tho  gentleman  said  that  his  jirincipal  object 
was  to  ''frighten"  Mexico,  and  that  that  would  be  more  humane 
than  to  harm  Mexico. 

Mr.  CASS,  (in  his  seat.)— True. 

Mr.  AVEBSTER.— It  is  true?  Very  well,  I  thought  as  much. 
Now  the  remarkable  characteristic  of  his  speech  which  makes  it 
so  much  a  Mexican  speech  is,  that  tho  gentleman  spoke  it  in  tho 
hearing  of  Mexico,  as  well  as  in  the  hcariiifr  of  the  Senate.  We 
have  been  accused,  sir.  of  being  "Mexican  Whigs,"  because  what 
we  say  here  is  heard  by  Mexico,  and  Mexico  derives  countenance 
and  support  from  what  is  said  here,  liut  tho  honorable  member 
comes  forth  and  tells  Mexico  that  his  object  is  to  frighten  her! 
His  words  have  passed  along  Iho  wires — they  are  on  the  gulf— they 


March  23.] 


THE  LOAN  BILL. 


401 


are  floating  away  to  Vera  Cruz,  and  when  they  get  there,  they 
will  satisfy  the  Mexicans  that  after  all — after  all,  "ye  good  Mexi- 
cans our  firincipal  object  is  to  frighten  you  I"  And  to  the  end 
that  they  may  not  be  frightened  too  much,  he  gives  them  notice 
that  the  object  is  to  frighten  them  !  Mr.  President,  when  Snug, 
the  joiner,  was  to  represent  the  lion,  and  roar  on  the  stage,  he  %vas 
quite  apprehensive  that  he  might  too  much  frighten  'the  dutchess 
and  the  ladies;"  and,  therefore,  by  the  advice  of  his  comrade,  one 
>ficholas  Bottom,  he  wisely  concluded  that  in  the  heat  and  fury  of 
his  effort,  he  would  show  one  half  his  face  and  say — "Ladies,  fair 
ladies,  I  would  wish  you,  or  I  would  request  you,  or  I  would 
entreat  you,  not  to  fear,  not  to  tremble  ;  my  life  for  yours,  if  you 
think  I  come  hither  as  a  lion,  it  were  pity  of  my  life  '■  No,  I  am 
no  snch  thing;  I  am  a  man  as  other  men  are;  I'm  Snus,  the  joiner!" 
But,  sir,  in  any  view  of  this  case — in  any  view  of  the  proper  po- 
licy of  this  government,  according  to  any  man's  apprehension  and 
judgment,  where  is  the  necessity  of  this  augmentation  of  regi- 
ments of  the.  military  force  of  the  country?  I  hold  in  my  hand  a 
note — I  suppose  substantially  correct — of  the  present  military  for- 
ces of  the  United  States.  I  will  not  vouch  for  its  entire  accuracy; 
but  I  believe  it  is  substantially  according  to  fact.  There  are  now 
fwenty-fivc  regiments  of  regular  troops  of  various  arms,  which,  if 
full,  would  give  us  a  force  of  28,960  rank  and  file,  and,  mcluding 
otTicors,  thirty  thousand  and  odd  men.  These,  with  the  exception 
of  SIX  or  seven  hundred  men,  are  now  all  without  the  limits  of 
the  United  States,  in  field  service  in  Mexico,  or  on  the  route  to 
Mexico.  These  regmients  aie  not  full.  Casualties  and  the  cli- 
mate have  sadly  reduced  their  numbers.  If  the  recruiting  service 
would  now  yieid  ten  thousand  men,  it  would  not  more  than  fill  up 
those  regiments  so  as  to  give  the  field  officers  their  full  command.  I 
understand,  sir,  that  the  report  from  General  Scott — General  Scolt! 
A  man  that  has  performed  the  most  brilliant  campaign  in  mili- 
tary annals  !  A  man  that  has  warrud  against  the  enemy — warred 
against  the  climate — warred  against  a  thousand  unpropitious  cir- 
cumstances, and  carried  the  flag  of  his  country  to  the  capital  of 
the  enemy, — honorably,  proudly,  humanely,  to  his  own  permanent 
honor  and  the  great  credit  of  his  country  '.  General  Scott !  And 
where  is  he  ?  At  Puebla  !  At  Puebla,  undergoing  an  inquiry  before 
his  inferiors  in  office,  and  other  persons  not  m  office  ;  while  the  high 
powers  that  ho  exercised,  and  exercised  with  so  much  distinction, 
are  turned  over  to  another — I  do  not  mean  to  say  an  unworthy 
gentleman, — but  his  inferior  in  military  rank  and  station.  But, 
General  Scott  reports,  as  I  understand,  that  in  February,  there 
were  twenty  thousand  regular  troops  under  his  commantl  and  en 
route.  Add  the  thirty  regiments  of  volunteers,  and  if  full  they 
would  make  thirty  four  thousand  men.  otiicers  included  over  thirty 
five  thousand,  and  there  would  be  a  force  of  regulars  and  volunteers 
amounting  to  not  less  than  fifty  five  thousand  or  sixty  thousand 
men,  including  the  recruits  on  the  way.  If  my  information  be  ex- 
act— and  the  honorable  member  from  Michigan  can  correct  me  if 
it  be  not , — I  presume  that  it  is  correct — in  February  General  Scott 
had  under  him  in  Mexico  thirty  thousand  troops  regulars  and  vol- 
unteers. Now,  all  these  troops  are  regularly  officered.  There  is 
no  deficiency  of  officers  in  the  line  or  in  the  staflT.  They  are  all 
full.  Whatever  deficiency  there  is,  consists  of  men.  Now,  sir, 
there  is  a  plausible  reason  for  saying  that  it  is  difHcult  to  recruit 
at  home  for  the  supply  of  deficienees  m  the  volunteer  regiments. 
It  will  be  said  that  volunteers  choose  to  enlist  under  officers  of 
their  own  selection — that  they  do  not  incline  to  enfist  here  as  indi. 
vidual  volunteers,  when  the  regiment  is  abroad  under  ofiicers  of 
whom  they  know  nothing.  There  may  be  something  in  that,  but 
pray,  to  what  does  that  conclusion  lead  ?  Does  it  not  lead  to  this, 
that  all  those  volunteer  corps  must  moulder  away  so  far  as  the 
privates  are  concerned  and  come  to  nothing;  meantime  the  places 
of  the  commissioned  office's  are  continually  filled  ;  the  regiments 
being  full  of  officers,  although  the  privates,  by  casualty  or  by  dis- 
ease, are  reduced  to  be  less  in  number  than  the  officers  tfiemselves  ? 
But,  however  that  may  be,  in  regard  to  the  recruiting  for  the 
regular  service  you  can  fill  up  the  regiments  by  pay  and  bounty, 
according  to  existing  laws,  or  new  laws,  if  new  laws  be  necessary. 
There  is  no  reason  upon  earth  why  we  should  now  create  five 
hundred  new  officers  ibr  the  purpose  of  getting  ten  thousand  new 
men.  There  are  officers  to  command  them.  All  that  is  wanted 
is  men;  and  there  is  a  place  for  the  men,  and  I  suppose  that  no 
gentleman  can  stand  up  here  or  elsewhere  and  say,  that  the  le- 
cruiting  service  can  go  on  faster  than  it  will  be  necessary  to  go  on 
in  order  to  fill  up  these  deficiencies  in  the  i-egiments  abroad.  But 
now  what  do  we  want  with  a  greater  force  than  we  now  have  in 
Mexico  ?  Without  asking  what  need  there  is  for  the  supply  of 
deficiencies  in  the  existing  regiments,  what  do  we  want  beyond 
the  thirty  thousand  regulars  and  volunteers  now  in  field  service  ? 
What  is  the  purpose  ?  There  is  no  army  to  fight.  I  suppose  the 
enemy  has  not  five  hundred  men  together  under  arms  in  any  part 
of  Mexico.  Except  in  one  instance,  perhaps,  there  is  not  half  that 
number.  Mexico  is  prostrate.  There  is  no  government  to  resist 
us.  Why,  it  is  notorious  that  the  government  of  Mexico  is  on  our 
side.  It  is  our  instrument  by  which  we  hope  to  establish  such  a 
peace,  and  accomplish  such  a  treaty  as  we  wish.  As  far  as  I  can 
understand  the  matter,  the  government  of  Mexico  owes  its  life  and 
breath,  and  being,  at  this  moment,  to  the  support  of  our  arm;  and  to 
the  hope — I  will  not  say  how  inspired, — that  somehow  or  another, 
and  at  no  distant  period,  there  may  be  pecuniary  means  arising  from 
onr  three  millions,  or  our  twelve  millions,  or  some  other  of  onr 
millions.  What  do  we  propose  to  do,  then,  with  those  thirty 
regiments  that  we  design  to  pour  into  Mexico  ?  Are  we  going  to 
cut  the  throats  of  the  Mexicans  ?     Aie  we  going   to   plunge  the 


sword  deeper  and  deeper  into  ihe  vital  pan  of  Mexico  ?  What  do 
we  propose  to  do  ?  Sir.  I  see  no  object,  and  yet  we  are  pressed 
and  urged  to  adopt  this  proposition  in  its  full  length — ten  regi- 
ments of  regulars,  and  twenty  regiments  of  volunteers!  Wears 
told,  and  tlie  public  is  told,  and  the  public  believes,  that  we  are 
on  the  verge  of  a  safe  and  honorable  peace.  Every  man  looks 
out  in  the  morning  for  tidings  of  confirmed  peace,  or  confirmed 
hopes  of  peace.  He  gatliers  it  from  the  adminis'ration,  and  every 
organ  of  the  administration,  from  Dan  to  Beersheba:  and  yet  the 
warlike  operations, — the  incurring  of  additional  expenses — the  im- 
position of  new  charges  upon  the  treasury,  are  pressed  here  as  if 
peace  was  not  in  all  our  thoughts,  at  least  not  in  any  of  our  ex- 
pectations ! 

Now,  sir,  I  propose  to  hold  some  plain  talk  to-day  ;  and  I  say 
that  according  to  my  best  judgment  and  apprehension  of  matters, 
the  main  object  of  these  bills  is  patrona^'e — ofTice — the  gratifica- 
tion of  friends.  This  very  measure  for  ten  additional  regiments, 
creates  four  or  five  hundred  officers,  colonels  and  subalterns,  and 
not  them  only,  for  whom  I  have  some  respect,  but  then  there 
come,  paymasters, — contractors, — persons  engaged  in  the  trans- 
port service, — commissaries, — even  down  to  sutlers,  et  id  gcni/s 
o;«rte,-— people  who  handle  the  public  money  without  facing  the 
foe  ;  one  and  all,  the  true  representatives  if  not  the  true  descen- 
dants, of  corporal  Nym,  who  said 

"For  I  sball  sutler  be 

1/nlo  the  camp,  and  profit?  will  accrue  I" 

Sir,  I  hope  without  disrespect  to  those  applicants  and  aspirants, 
and  those  patriots,  some  of  them  patriots  ready  to  fight,  and  those 
other  patriots  not  willins  to  fight,  but  willing  to  be  paid, — 1  hope — 
without  disrespect  to  any  of  them,  according  to  their  rank  and 
station,  and  merits,  that  they  may  be  all  disappoinied.  1  hope, 
sir,  as  the  weather  grows  genial,  and  the  season  advances,  they 
will,  on  the  whole  find  it  their  interest,  to  place  themselves  one  of 
these  mild  mornings,  in  the  cars,  and  take  their  destination  to 
their  respective  places  of  honorable,  private  occupation  and  civil 
employment  !  They  have  my  good  wishes,  that,  bidding  adieu  to 
the  Avenue  and  the  Capitol,  and  the  purlieus  of  the  President's 
House,  they  may  reach  their  Iwjmes,  in  good  health  themselves 
and  find  their  families   all  very  happy  to  receive  them  ! 

But.  sir,  paulo  miijora  canamus  !  This  war  was  waged  for  the 
purpose  of  creating  new  States,  near  the  southern  portion  of  the 
United  States,  out  of  Mexican  territory,  and  with  such  population 
as  might  be  found  resident  therein.  I  have  opposed  that  project. 
I  am  against  the  creation  of  new  States.  I  am  against  the  acqui- 
sition of  territory  to  form  new  States.  And  this,  sir,  is  not  a  mat- 
ter of  sentimentality,  which  I  am  to  parade  before  mass  meetings 
or  before  my  constituents  at  home.  It  is  with  mo  no  matter  of  de- 
clamation, regret,  or  expressed  repugnance.  It  is  matter  of  firm, 
unchangeable  purpose,  to  yield  to  no  foice  of  circumstances  that 
have  occurred  or  that  I  may  consider  likely  to  occur;  and  there- 
fore I  say,  sir,  that  if  I  am  asked  to-day,  whether  for  the  sake  of 
peace  I  will  take  i  treaty  that  brings  two  new  States  into  this 
Union  on  its  southern  boundary,  I  say  no,  distinctly  no  !  and  I 
wish  every  man  ii  the  United  States  to  understand  that  to  be  my 
judgment  and  my  ,mrpose.  I  have  said  on  the  southern  boundary, 
because  there  the  present  proposition  takes  its  locality.  I  would 
say  the  same  of  th3  western,  the  northern,  the  eastern,  or  any  oth- 
er boundary.  I  would  resist  to-day,  a»d  to  the  end.  here  and  every 
where,  any  proposition  to  add  any  foreign  territory,  on  the  south 
or  west,  north  or  east,  to  the  States  of  this  Union  as  they  are  now 
constituted  and  held  together  under  the  constitution.  I  do  not 
want  the  colonies  of  England  on  the  north;  I  as  little  desire  the 
Mexican  population  on  the  south.  I  resist  and  reject  all,  and  all 
with  equal  resolution;  and  therefore,  I  say,  that  if  the  question  is 
put  to  me  to-day,  whether  I  will  take  peace  in  the  present  state  of 
the  country — distressed  as  it  is — in  the  exigency  ol  this  war,  odi- 
ous as  it  is — in  circumstances  so  afllictive  to  the  community,  and 
so  disturbing  to  the  business  of  those  whom  I  represent  as  those 
which  now  surround  us — I  say  still  that  if  the  question  be  put  to 
me  whether  I  will  have  peace,  with  new  States,  I  say  no — no — no  ! 
Why  ?  Because,  sir,  there  is  no  necessity  of  being  driven  into  the 
dilemma  in  my  judgment.  Other  gentlemen  may  think  differently. 
I  own  no  man's  conscience  but  mine  own.  1  mean  to  make  a 
clean  breast  for  myself,  and  I  protest  that  I  see  no  reason  what- 
ever to  believe  that  we  cannot  obtain  as  safe  a  peace — as  ho- 
norable a  peace,  and  as  prompt  a  peace  w'thout  territory,  as 
with  it.  The  thinas  are  separable.  There  is  no  necessary  con- 
nection between  them.  Mexico  does  not  wish  us  to  take  her 
territory  that  she  may  receive  our  money.  Far  from  it.  She 
yields  her  assent — if  she  yield  it  at  all — reluctantly,  and  we  all  know 
it.  If  she  yield,  it  is  the  result  of  force;  and  there  is  not  a  man 
here  that  does  not  know  it.  Let  me  say,  sir,  that  if  this  Trist  pa- 
per shall  finally  bo  rejected  in  Mexico,  it  is  most  likely  to  be  bo- 
cause  those  who,  under  our  protection  prepared  it,  cannot  per- 
suade the  Mexican  Congress  or  the  Mexican  people  to  agree  to 
this  cession  of  territory.  The  thing  most  likely  to  break  up  what 
is  now  expected  to  take  place,  is  the  repugnance  of  the  Mexican 
people  to  part  with  Mexican  territory.  They  would  prefer  to 
keep  their  territory,  and  that  we  should  keep  our  money;  or  we 
resolve  that  wo  should  keep  our  money  and  allow  them  to  keep 
their  territory.  We  shall  see.  I  pretend  to  no  powers  of  predic- 
tion. I  do  not  know  what  may  happen.  The  times  are  full  ol 
strange  events.  But  1  think  it  probable,  that  if  the  treaty  which 
has  gone  to  Mexico  shall  fail  to  bo  ratified,  it  will  be  because  ol 
the  aversion  of  the    Mexican   Congress  or  the  Mexican  people  to 


30th  Cong. — 1st  Session. — No.  51. 


402 


THE  LOAN  BILL. 


[Thursday, 


cede  their  territories,  or  any  portion  of  them,  belonging  to  their 
republic. 

I  have  said  that  I  would  rather  have  no  peace  for  the  present,  than 
to  have  a  peace  that  brings  territories  for  new  States,  and  the  reason 
is  that  I  believe  we  can  get  aneaecjust  as  soon  without   territory 
as  with  it — a  peace  more  safe,  more  enduring — vastly  more  honor- 
able to  us,  the  great  republic  of  the  western  world.    I  hear  gentle- 
men sav,  that  we  have  must  have  some  territory — that  the  people 
demand  it.     I  deny  it;  at  least  I  say  I  see  no  proof  of  it  whatever. 
I  do  not  doubt  that  there  are  individuals  here  and  there,  of  an  en- 
terprising  character,  disposed  to  emigration,  who    know  nothing 
about  New  Mexico,  but  that  it  is  far  otf;  and  nolhin;;  of  California, 
but  that  it  is  still   farther  off;  who  are  tired  of  the  dull  pursuits  of 
agriculture  aud  civil  life.     I  dare  say  that  there  are  hundreds  and 
thousands  of  such   persons  who  might  wish  for  territory,   m  which 
to  seek  their    fortunes.     Whatever   is   new,    is  attractive  to  such 
minds.     They  feel  the  spirit  of  a  borderer,  and  that  is,  Italce  it, 
to  be  pretty   tolerablv  content  with  his    condition    till  somebody 
passes  beyond  biin;  and  then  his  disposition  to  take  up  his  "  traps" 
and  pass  beyond  him  who  has  passed  himself  and  sit  down  farther 
off   is  an  irresistible  passion.     At  least,  so  says  that  great  and  sa- 
gacious  observer    of  human   manners,    M.  Talleyrand,    when  he 
travelled  in  this  country    in    1797.     But,    I   say,   sir,  that    I    do 
not  find    anywhere,   nor   that  there   exists   anywhere,    any  con- 
sideralde.  respectable  number  of  persons  wlio  ihink  that  we  want 
more  territory  and   such   territory.     There  were  twenty-four  of 
us  last  year,  who  voted  against  the  prosecution  of  the  war  for  the 
acquisition  of  territory,  on   the  ground  that  we   did  not   want  it — 
southern  men  and   northern  men.     I   beheve  there  were  southern 
gentlemen  who  concurred  in  that  vote;  and  who  found  tliemselves, 
even  against  what  might  be  supposed  to  be  the  local  feeling  and  par- 
tiality able  to  sustain  themselves  upon  the  ground  of  the  wisdom  of 
the  "-eneral  policy  of  not  seeking  for  territory,  and  by  the  acquisition 
of  territory  to  bring  into  our  politics  certain  embarrassing  and  em- 
broihno-  cpiestions.     I  do  not  learn  that  they  suffered  by  the  advo- 
eacy  of  such  sentiments.     I  rather  believe  that  they  triumphed  in 
them,  and  I  believe  that  through  the  greater  portion  of  the  South— 
if  we  can  trust  what  has  been  said    here,  through  the  south-west 
to  a  very  great  extent,  the  same  sentiment  is  general — that  there 
is  no  prevalent  opinion  in  favor  of  new  territory  and  such  territory, 
or  of  an  augraentation  of  your  population  and  by  such  population. 
I  need  not  s-av  that  that  isi  if  not  the  undivided,  the  preponderating 
sentiment  of  all  the  North.     But  we  think  we  must  take  territory. 
For  the  sake  of  peace  we  must  take  territory  !     This  is  the  will  of 
ihe  President !     If  ive  do  not   take   it  we  may  fare  worse  !     Mr. 
Polk   will  take  no  less  !     That  is  fixed  upon  !     He  is  immovable  ' 
He  has  put  down  his  foot!     Ho  had  put   it  down,  sir,  on  "fifty- 
four  forty,"  but   it  didn't  stay!     I  speak  of  the   President  of  the 
United  States  as  I  speak  of  all  Presidents,  without  disrespect,  but 
1  know  no  reason  why  his  opinions,  his   will,  his  purpose  declared 
to  be  fixed,  should  control  us  any  more  than  our  purpose  formed 
upon  equally  conscientious  motives,  and  1   may  add,  formed  under 
as  hii'h   responsibilities  as  those  which  should   control   him.     We 
think'^he  is   firm  and  will  not  move.     I   should  be  sorry,  sir,  very 
sorry  indeed  that  we  should  entertain  more  respect  for  the  firmness 
of  an  individual  at  the  head  of  the  government  than  we  can  entertain 
for  our  own  firmness.     He  will  stand  out,  it  is  s.iid.  against  us. — 
Do  we  fear  to  stand  out  against  him  ?     For  fine,  I  do  not.     It  ap- 
pears to  me  to  be  a  slavish  doctrine.     For  one,  I  am  willing  to 
meet  the  issue;  and  to  go  to  the  people,  over  all  this  broad  land. 
If  we  will    take  peace  without  new  States,  and  the  administration 
will  have  no  peace  without    new  States,   I  am  willing  to  stand 
upon   that,   and   trust   the   people.     I  do  that  because  in  the  first 
place   I  think  it  is  right;  and  in  the  next  place  I  have  no  distrust  of 
the  people.     I  am  not  unwilling  to  put  that  to  their  sovereign  de- 
cision and  arbitration. 

Sir,  I  hold  this  question  to  be  vital — permanent — elementary — 
in  the  future  prosperity  of  this  country  and  the  maintenance  of  the 
constitution,  and  I  am  willing  to  trust  that  question  to  the  people. 
I  prefer  that  it  should  be  submitted  to  them ;  because  if  what  I  re- 
gard as  a  great  constitutional  principle,  or  a  principle  essentially  im- 
portant to  the  maintenance  of  the  constitution  be  broken  down,  let 
it  be  the  act  of  themselves.  It  shall  never  he  my  act.  I  there- 
fore do  not  distrust  the  people.  I  am  wiUing  to  take  their  senti- 
ment on  this  issue,  from  the  gulf  to  the  British  provinces,  and  from 
the  ocean  to  the  Missouri.  I  am  willina;  to  ask  them — will  you 
continue  this  war  for  territory — for  territory  to  he  purchased  after 
all  for  an  enormous  price,  a  thousand  times  the  value  of  all  that  is 
purchased;  or  will  you  take  peace  contenting  yourselves  with  the 
honor  that  the  country  has  reaped  by  the  military  achievements  of 
its  armies?  Will  you  take  peace  without  territory  and  preserve 
the  integrity  of  the  constitution  and  the  Union?  I  am  willing  to 
go  on  that  for  one. 

I  am  willing,  sir,  to  take  this  issue — peace  without  new  States, 
keeping  our  money  to  oursclvea;  or  war  till  these  new  States  shall 
be  acquired  ?  Thit's  the  question.  It  is  a  question  for  the  peo- 
ple themselves.  If  they  support  mo  and  those  who  think  with  mo 
in  the  view  I  take  of  the  matter,  very  well.  If  ihcy  will  have  ter- 
ritory— if  .they  will  add  new  States  to  this  Union,  why  let  them  do 
so  and  they  will  be  the  artificers  of  their  own  fortunes,  for  good  or 
for  evil. 

But,  sir,  we  tremble  before  Executive  power.  The  truth  cannot 
be  concealed — wc  tremlile  before  Executive  power !  Mr.  Polk 
will  take  nothing  else  than  this,  and  if  wo  do  not  take  this,  "  the 
king's  anger  may  kindle, "and  he  mav  impose  still  heavier  bur- 
dens.   Now,  who,  and  whiu  is  Mr.  Polk  !    I  speak  of  him  in  no 


manner  of  disrespect.  I  mean  only  to  ask  who  and  what  is  the 
President  of  the  United  States  for  the  current  moment?  He  is  in  the 
last  year  of  the  term  of  his  administration — formally,  officially  it  can 
only  be  drawn  out  till  the  Fourth  of  March.  Why,  really  and  sub- 
stantially we  know  that  two  short  months  will,  or  may  produce 
events  that  render  the  duration  of  the  official  term  of  very  little  im- 
portance. We  are  on  the  eve  of  a  Presidential  election.  That  machi- 
nery resorted  to,  to  collect  public  opinion  or  party  opinion  is  to  be 
put  in  operation  two  months  hence.  Wo  shall  see  its  result.  It  may 
be  that  the  present  incumbent  of  the  Presidential  office  will  be  again 
presented  to  his  party  friends  and  admirers  for  their  suffrages  for 
the  next  Presidential  term.  I  do  not  say  how  probable  or  improb- 
able that  may  be — perhaps  it  is  not  entirely  probable — suppose 
that  not  to  be  the  result — what  then?  Why,  then,  Mr.  Polk  be- 
comes as  absolutely  insignificant  as  any  respectable  man  amongst 
the  public  men  of  the  United  States — lionorable  in  his  private  life 
— valued  in  his  private  character — respectable,  never  eminent  in 
public  life,  he  will  from  the  moment  that  a  new  star  arises,  have 
just  as  little  influence  as  you,  sir,  or  I — and  so  far  as  respects  my- 
self, God  knows  that  will  be  very  little  !  Sir,  political  partizans 
and  aspirants  and  office-seekers  are  not  sun-flowers — they  don't 

"  turn  on  theirgod  when  he  seu. 
The  ..ame- /acf  that  they  tuniell  when  he  rose  !" 

Now,  sir,  if  the  respectable  gentleman  who  is  now  at  the  head 
of  the  government  should  be  agreed  upon,  there  will  be  those  who 
will  commend  his  consistency,  and  be  bound  to  maintain  it  and  the  in- 
tegrity of  the  party;  his  friends  will  require  that  this  should  be 
done.  If  otherwise,  who  is  there  in  the  whole  length  and  breadth 
of  the  land  who  will  care  for  the  consistency  of  the  present  incum- 
bent of  that  office?  There  will  then  be  new  objects.  Manifest 
destiny  will  have  fixed  upon  some  other  man.  The  eulogies  are 
now  written;  the  commendations  of  the  press  are  already  elabo- 
rated; I  will  not  say  everything  fulsome,  but  I  will  say  every 
thing  panegyrical  is  already  written  out  with  blanks  for  names,  to 
be  filled  when  the  convention  shall  adjourn.  When  manifest 
destiny  shall  be  reached,  then,  sir,  all  these  strains  of  pane- 
gyric made  beforehand,  laid  up  in  pigeon-holes,  studied,  fra- 
med, emblazoned,  and  embossed,  will  all  come  out,  and  then 
there  will  be,  there  is  bound  to  be,  somebody  in  the  United 
States,  possibly,  whose  merits  have  heretofore  been  strangely  over- 
looked— marked  by  Providence — a  kind  of  miracle — it  is  a  wonder 
that  nobody  thought  of  him  before;  a  fit  man,  and  the  only  fit  man 
to  be  at  the  head  of  this  great  Republic.  I  shrink  not,  therefore, 
from  any  thing  that  I  (eel  to  be  my  duty,  by  any  apprehension  of 
the  power,  and  importance,  and  imposing  dignity  and  the  power  of 
will  which  IS  ascribed  to  the  present  incumbent  of  that  office.  I  wish 
we  had  that  power  of  will.  I  wish  we  had  that  firmness — firm- 
ness— firmness.  Si  sit  numen  nuUnm  absit.  If  we  had  adherence  ! 
I  wish  we  could  gather  something  from  the  spirit  of  our  bravo 
corps  that  have  met  the  enemy  under  circumstances  most  adverse 
and  have  stood  the  shock.  I  wish  we  could  imitate  Zaehary  Tay- 
lor in  his  bivouac  upon  the  field  of  Buena  Vista.  He  said  he  would 
remain  for  the  night  ;  he  would  feel  the  enemy  in  the  morning  and 
try  his  position.  I  wish  before  we  surrender  that  we  could  make 
up  our  own  minds  to  feol  the  enemy  and  try  his  position,  apd  I 
think  we  should  find  him.  as  Taylor  did,  under  the  early  sun  on  his 
way  to  San  Louis  Potosi !     That  i.'  my  judgment. 

But.  sir,  I  come  to  the  all  absorbing  question,  more  particularly 
of  the  creation  of  new  states.  When  I  came  into  the  councils  of 
the  country,  Louisiana  had  been  obtained  under  the  treaty  with 
France,  and  shortly  afterwards  Florida  was  obtained  under  the  trea- 
ty with  Spain.  These  two  countries  were  known  to  us.  They  lay 
upon  our  frontiers.  They  commanded  the  outlets  of  the  great  river. 
As  I  have  had  occasion  to  say  and  shall  now  only  repeat  without 
argument,  in  the  first  of  these  instances,  the  President  of  the 
United  States,  Mr.  Jefferson,  supposed  the  acquisition  to  be  un- 
constitutional ;  he  acted  on  that  supposition.  Mr.  Madison  was 
then  Secretary  of  State.  He  proposed  that  a  proposition  for  an 
amendment  of  the  constitution  should  be  submitted,  in  order  to 
bring  Louisiana  into  the  Union.  He  drew  up  the  proposition,  and 
it  was  submitted  to  Mr.  Adams.  Mr.  Madison  did  not  go  upon  the 
general  idea  that  new  states  might  be  admitted.  He  did  not  pro- 
ceed upon  the  notion  of  a  general  amendment  to  the  constitution  in 
this  respect,  but  the  amendment  of  the  constitution  which  he  pro- 
posed and  submitted  to  Mr.  Adams,  was  article  13th,  emendalory 
of  the  constitution— "The  province  of  Louisiana  is  hereby  de- 
clared to  be  part  and  parcel  of  the  United  States."  Public  opinion, 
owing  to  the  great  importance  of  this  acquisition,  took  a  turn  fa- 
vorable to  the  affirmation  of  the  power,  without  any  new  constitu- 
tional provision.  The  power  was  acquiescd  in.  Louisiana  became 
a  part  of  the  Union,  and  following  the  example  of  Louisiana,  Flor- 
ida was  admitted.  Now,  sir,  I  consider  these  transactions  as  past, 
settled,  legalized.  There  they  stand.  They  are  part  of  our  politi- 
cal history.  They  are  facts  against  which  it  would  be  idle  at  this 
day  to  contend.  My  first  agency  in  these  matters  was  upon  the 
proposition  for  admitting  Texas  into  the  Union.  That,  I  thought 
It  my  duty  to  oppo.'-c.  upon  the  general  ground  of  opposing  all  an- 
nexation of  new  States  ;  and  I  mav  add,  and  ought  to  add  injus- 
tice, because  there  was  a  proposition  then  before  the  country,  as 
to  southern  States  having  a  slave  population  being  represented  in 
the  Congress  of  the  United  States,  upon  the  ground  ol  inequality. 
It  happened  to  me,  sir.  to  be  called  on  to  address  a  political  meet- 
ing in  New  York,  in  1837- '38,  alter  the  recognition  of  Texan 
independence.  1  may  state  now,  sir,  what  1  have  often  stated 
before,  that  no  man  from  the   first  has   been  a  belter   wisher— a 


March  23.] 


THE  LOAN  BILL. 


403 


more  sincere  well  wisher — to  the  people  and  government  of  Texas 
than  myself.  I  looked  upon  that  achievement  of  their  indepen- 
dence at  the  battle  of  San  Jacinto  as  quite  extraordinary — ■almost 
a  marvellous  incident — in  the  all'airs  of  mankind.  I  was  among' 
the  first  to  be  disposed  to  acknowledge  her  independence,  but 
from  the  first,  and  from  the  first  down  to  this  moment,  I  have 
opposed  as  far  as  I  was  able  the  annexation  of  new  States  to  this 
Union.  I  stated  my  reasons  on  the  occasion  to  which  I  referred. 
I  have  them  in  a  short  abstract  before  me,  but  it  is  hardly  worth 
while  that  I  should  trouble  the  Senate  with  reading  them. 

For  a  few  years  I  held  a  position  in  the  Executive  department 
of  the  government.  I  left  the  Department  of  State  in  1843,  in 
May.  Within  a  month  after  another  most  wortliy  and  respecta- 
ble gentleman— who  came  to  a  very  untimely  end — had  taken  my 
place,  I  had  occasion  to  know,  not  ofiicialiy,  but  from  circum- 
stances, that  the  annexation  of  Texas  to  the  United  States  was  ta- 
ken up  bv  IVIr.  Tyler's  administration  as  an  administration  mea- 
sure, pushed,  pressed,  insisted  on,  and  I  believe  that  the  honorable 
gentleman  to  whom  I  have  referred,  and  for  whose  memory  I  en- 
tertain much  respect— Mr.  Upshur — had  something  like  a  passion 
for  the  accomplishment  of  this  purpose.  And  I  am  afraid  that  the 
President  of  the  United  States  at  that  time  suffered  his  ardent  feel- 
ings not  a  little  to  control  his  more  prudent  judgment.  At  any 
rate,  I  saw  in  1S43  that  annexation  had  become  a  purpose.  I  was 
not  in  Congress,  nor  in  public  life,  but  seeing  this  state  of  things, 
I  thought  it  my  duty  lo  admonish,  as  far  as  I  could,  the  country  of 
the  existence  of  this  purpose.  There  are  gentlemen — many  of  them 
at  the  North — others  now  in  this  eapitol,  who  know  that  in  the  sum- 
mer of  1843,  being  fully  persu.ided  that  this  purpose  of  annexing 
Texas  had  been  taken  up  with  zeal  and  determination  by  the  Exe- 
cutive government  of  the  United  States,  I  thought  it  my  duty,  and 
asked  their  concurrence  in  an  attempt  to  let  this  purpose  be  known 
to  the  country.  I  conferred  with  gentlemen  of  distinction  and 
eminence;  I  proposed  some  means  of  exciting  public  attention  to 
the  question  of  annexation,  before  it  sliould  become  a  party  ques- 
tion; for  I  had  learned  that  when  a  matter  becomes  a  party  mat- 
ter, it  is  in  vain  to  argue  against  it  or  argue  upon  it.  But  the  op- 
timists, the  qnietests  then,  who  said  all  things  are  well  and  let  all 
things  alone,  discourasred,  discountenanced,  repressed,  any  sueh 
effort.  They  said  the  North  would  take  care  of  itself,  the  country 
would  take  care  of  itself,  that  it  would  not  sustain  Tyler's  project 
of  annexation — when  the  time  came  the  power  of  the  North 
which  was  felt  in  the  House  of  Representatives,  would  be  sulli- 
eient  to  resist  the  measure.  And  I  could  now  refer  to  paragraphs 
and  articles  in  the  most  respectable  journals  at  the  North,  in  which 
the  attempt  was  made  to  produce  an  impression,  that  there  was 
no  danger  that  we  should  have  an  addition  of  new  States;  that  we 
need  not  alarm  ourselves  about  it.  I  was  not  in  Congress  when 
the  resolution  providinir  for  the  annexation  of  Texas  was  passed. 
I  only  know  that  up  to  a  very  short  period  before  the  passage  of 
that  resolution,  the  general  impres,sion  was  in  the  country  where  I 
belonged,  that  no  such  resolution  could  pass.  But  I  have  found, 
sir,  in  the  course  of  thirty  years'  experience,  that  whatever  mea- 
sure the  Executive  government  embraces  and  pushes,  is  quite  like- 
ly to  succeed.  There  is  a  giving  way  some  where.  If  the  Exe- 
cutive government  acts  with  unilormity,  steadiness,  entire  unity  of 
purpose — sooner  or  later  it  is  quite  apt  enough,  according  to  my 
construction  of  history,  too  apt  to  effect  its  purpose. 

Just  before  the  commencement  of  the  present  administration  the 
resolutions  for  the  annexation  of  Texas  passed  Congress.  Texas 
complied  with  the  provisions  of  these  resolutions,  and  she  was  here, 
or  the  ease  was  here  on  the  22d  of  December  1845,  for  her  final 
admission  into  the  Union,  as  one  of  thes^  states.  I  took  occasion 
then  to  state  that  I  hoped  I  had  shown  all  proper  regard  for 
Texas,  that  I  had  been  certainly  opposed  to  annexation,  that  if  I 
should  go  over  the  whole  matter  again  I  should  have  nothing  new 
to  add  ;  that  I  bad  acted  ail  along  under  the  unanimous  declara- 
tion of  nil  parties,  and  of  the  "Legislature  of  Massachusetts;  that  I 
thought  there  must  he  some  limit  to  the  extent  of  our  territories 
and  that  I  wished  that  this  country  should  exhibit  to  the  world  the 
example  of  a  powerful  republic,  without  the  greediness  and  hunger 
of  empire.  And  I  added  that  while  I  held  wi^h  as  much  faithfulness 
as  any  citizen  of  the  country,  to  all  the  original  arrangements  and 
compromises  of  the  constitution  under  which  we  live,  I  never  could 
and  I  never  should  bring  myself  to  be  in  favor  of  the  admission  of 
any  slates  into  the  Union,  as  slave  holding  states,  and  I  miaht 
have  added  any  states  at  all.  Now  as  I  have  said,  in  all  this  I 
acted  under  the  resolutions  of  the  state  of  Massachusetts,  certainly 
concurrent  with  my  own  judgment,  so  often  repeated,  and  re- 
affirmed by  the  unanimous  consent  of  all  men  of  all  parties — that  I 
could  not  well  go  through  the  series  of  pointing  out  not  only  the 
impolicy,  but  the  unconstitutionality  of  such  annexation.  A  ease 
presented  is  this:  If  a  state  proposes  to  come  into  the  Union,  and 
to  come  in  as  a  slave  state,  then  there  is  an  augmentation  of  the 
inequality  in  the  representation  of  the  people,  which  already  ex- 
ists— an  inequality  already  existing,  with  which  I  do  not  quarrel 
and  which  I  never  will  attempt  to  alter,  but  shall  pre- 
serve as  long  as  I  have  a  vote  to  give,  or  any  voice  in  this  go- 
vernment ;  because  it  is  a  part  of  the  "original  compact. 
Let  it  stand.  But  then  there  is  another  consideration  of  vastly 
more  general  importance  even  than  that;  more  general,  because 
it  affects  all  the  States,  free  and  slaveholding;  and  it  is  that,  if 
states  formed  out  of  territories  thus  thinly  copulated,  come  into  the 
Union,  they  necessarily,  inevitably  break  up  the  relation  exist- 
ing between  the  two  branches  of  the  government,  and  destroy  its 
balance.    They  break  up  the  intended  relation  between  the  Senate 


and  the  House  of  Representatives.  If  you  bring  in  new  states,  any 
state  that  comes  in  must  have  two  Senators.  She  may  come  in 
with  fifty  or  sixty  thousand  people  and  more.  You  mav  have  from 
a  particular  State  more  Senators  than  you  have  Representatives. 
Can  any  thing  occur  to  disfigure  and  derange  the  form  of  go- 
vernment under  which  we  live  more  signally  than  that  1  Here 
would  be  a  Senate  hearing  no  proportion  to  the  people,  out  of  all 
relation  to  them,  by  the  addition  of  new  states;  from  some  of  them 
only  one  Representative  perhaps,  and  two  Senators;  whereas  the 
larger  states  may  have  ten,  fifteen,  or  even  thirty  Representatives, 
and  but  two  Senators.  The  Senate  added  to,  augmented  by  these 
new  Senators  coming  from  States  where  there  are  few  people,  be- 
comes an  odious  oligarchy.  It  holds  power  without  any  adequate 
constituency.  Sir,  it  is  but  "  borough-mongerin  f"  upon  a  large 
scale.  Now,  I  do  not  depend  upon  theory;  I  ask  the  Senate  and 
the  country  to  look  at  facts — to  see  where  we  were,  when  we 
made  our  departure  three  years  ago,  and  where  we  now  are;  and 
I  leave  it  to  the  imagination  to  conjecture  where  we  shall  be. 

We  admitted  Texas — one  State  for  the  present — but,  sir,  if  you 
refer  to  the  resolutions  providing  for  the  annexation  of  Texas,  vou 
find  a  provision  that  it  shall  le  in  the  power  of  Congiess  herealter 
to  make  four  new  States  out  of  Texan  territory.  Present  and 
prospectively,  five  new  States — ten  Senators — may  come  into  the 
Union  out  of  Texas.  Three  years  ago  we  did  this;  we  now  pro- 
pose to  make  two  States.  Undoubtedly  if  we  take,  as  the  Pres- 
ident recommends — New  Mexico  and  California — there  must  then 
he  four  new  Senators.  We  shall  then  have  provided  in  these  ter- 
ritories out  of  the  United  States  along  our  southern  borders,  for  the 
creation  of  States  enough  to  send  fourteen  Senators  into  this  cham- 
ber. Now,  what  will  be  the  relation  between  these  Senators  and 
the  people  they  represent,  or  the  States  from  which  they  come? 
I  do  not  understand  that  there  is  any  very  accurate  census  of  Tex- 
as. It  is  generally  supposed  to  contain  a  hundred  and  fifty  thou- 
sand persons.     I  doubt  whether  it  is  above  one  hundred  thousand. 

Mr.  MANGUM. — It  contains  one  hundred  and  forty-nine 
thousand. 

Mr.  WEBSTER. — My  honorable  friend  on  ray  left  says,  a  hun 
dred  and  forty-nine  thousand.  I  put  it  down  then,  one  hundreiJ 
and  fifty  thousand.  Well,  sir,  Texas  is  not  destined  probably,  to 
be  a  country  of  dense  population.  We  will  suppose  it  to  have  near 
one  hundred  and  fifty  thousand  population  by  the  best  accounts — 
and  I  have  given  over  all  that  I  can  find.  New  Mexico  may  have 
sixty  or  seventy  thousand  inh.abitants — such — as- — they — are  .'  Say 
seventy  thousand.  In  California,  they  are  not  supposed  to  be  above 
twenty-five  thousand  men,  but  undoubtedly,  if  this  territory  should 
become  ours,  persons  from  Oregon,  and  from  our  Western  States, 
will  find  their  way  to  San  Francisco,  where  there  is  some  good 
land,  and  we  may  suppose  they  will  shortly  amount  to  sixty  or 
seventy  thousand.  Wc  will  put  them  down  at  seventy  thousand. 
Then  the  whole  territory  in  this  estimate,  which  is  as  large  as  any 
man  puts  it  at,  will  contain  two  hundred  and  ninety  thousand  per- 
sons, and  they  will  send  us  whenever  we  ask  for  them,  fourteen 
senators.  A  population  less  than  that  of  the  State  of  Vermont, 
and  not  the  eighth  part  of  that  of  New  York.  Fourteen  sen- 
ators, and  no  more  people  than  Vermont '  and  no  more  peo- 
ple than  New  Hampshire  !  and  not  so  many  people  as  the  good 
State  of  New  Jersey  !  But  then,  sir,  Texas  claims  to  the  line  of 
the  Rio  Grande,  and  if  it  be  her  true  line,  why  then  of  course,  she 
absorbs  a  considerable  part,  nay,  the  greater  part  of  the  popula- 
tion of  what  is  now  called  New  Mexico.  I  do  not  argue  the  ques- 
tion of  the  true  southern  or  western  line  of  Texas,  I  only  say  that 
it  is  apparent  to  everybody  who  will  look  at  the  map,  and  learn 
anything  of  the  matter,  that  New  Mexico  cannot  be  divided  by  this 
river,  the  Rio  Grande,  which  is  a  shallow,  fordable,  insignificant 
stream,  creeping  along  through  a  narrow  valley,  at  the  base  of 
enormous  mountains.  New  Mexico  must  remain  together;  it 
must  be  a  State  with  its  seventy  thousand  people,  and  so  it  will 
be,  and  so  will  be  California. 

But  then,  sir,  suppose  Texas  to  remain  a  unit  and  but  one  Stats 
for  the  present,  still  we  have  three  States,  Texas,  New  Mexico, 
and  California.  We  have  six  Senators  then  for  less  than  three 
hundred  thousand  people.  We  have  as  many  Senators  for  three 
hundred  thousand  people  in  that  region  as  we  have  for  New  York, 
Pennsylvania,  and  Ohio,  with  four  or  five  millions  of  people;  and 
that  is  what  we  call  an  equal  representation  !  Is  not  this  enor- 
mous? Have  gentlemen  considered  this?  Have  they  looked  at  it? 
Are  they  willing  to  look  it  in  the  face  and  then  say  they  embrace 
it?  I  trust  in  God  the  people  will  look  at  it  and  consider  it.  And 
now  let  me  add,  that  this  disproportion  can  never  be  diminished; 
it  must  remain  forever.  How  are  you  going  to  diminish  it?  Why 
here  is  Texas  with  a  hund-ed  and  forty-nine  thousand  people  with 
one  State.  Suppose  that  population  should  flow  into  Texas,  where 
will  it  go?  Not  to  any  dense  point,  but  to  be  spread  over  all  that 
region  in  places  remote  from  the  gulf,  in  places  remote  from  what 
is  now  the  capital  of  Texas,  and  therefore  as  soon  as  there  are  in 
other  portions  of  Texas  people  enough  within  our  common  con- 
struction of  the  constitution  and  our  practice  in  respect  to  the  ad- 
mission of  States,  my  honorable  friend  from  Texas  will  have  a  new 
State,  and  I  have  no  doubt  he  has  chalked  it  out  already.  Well, 
then,  as  to  New  Mexico  there  can  be  no  more  people  there.  Tho 
man  is  ignorant,  stupid,  who  has  looked  at  the  map  of  New  Mex- 
ico and  read  the  accounts  of  it,  who  suppposes  there  can  bo  any 
more  people  there  than  (here  is  now;  some  sixty  or  seventy  thou- 
sand. It  is  an  old  settled  country;  the  people  "living  along  in  the 
bottom  of  this  valley  on  the  two  sides  of^  a  lif.le  stream,  a  garter 


404 


THE  LOAN  BILL. 


[Thursday, 


of  land  only  on  one  side  and  the  other,  filled  by  coarse  landholders 
and  miserable  peons.  It  can  sustain,  not  only  nnder  tneir  cultivation 
but  under  any  cultivatitui  that  our  American  race',  would  ever  sub- 
mit to,  no  more  people  than  there  are  there  now.  There  will  then 
be  two  Senators  for  sixty  thousand  inhabitants  in  New  Mexico,  to 
the  end  of  our  lives  and  to  the  end  of  the  Hves  of  our  children. 

Well  now,  how  is  it  with  California?     We  propose  to  take  Cali- 
fornia from  the  forty-second  dearee   North  lalitude  down   lo  the 
thirty-second  decree,  we  -propose  to   take  ten   deiirees  of  latitude 
along  the  coast  of  the  Pacific.     All  along  that  s.eat  distance  there 
are  settlements,  and  villaijes,  and  forts;  hack   it  i.s  all  wilderness 
and  barrenness  and  Indian  countrv.     But  if  abnut  San    Francisco, 
and  perhaps  down  to  Monterey  or  a  little  to  th(  North  there  shall 
be  enoutth  to  make  up  one  State,  why  the  )ipnplc  five  hundred  miles 
off,  in  time  to  come  will  have  another  Static  and  then  tins  disprn- 
portion  of  Senators  to  the  people  will  go  on.  ai.d  must  go  on,  and 
we   cannot   prevent   it.     I   say,    sir,  that   aecordinsr    to  ray   con- 
scientious  convictions,  we  are   now   fixuig  upon  the  constitution 
of  the    United    States    and    upon    our    lorm    of   government    a 
monstrosity — a  disfiguration— an  enormity.  Sir.  I  hardly  dare  trust 
myself.     I  do  not  know  that  I  may  not  be    under   some   delusion. 
I  do  not  know  that  my  head  is  not  turned.     It  may    he   that    it   is 
the  weakness  of  mine' eyes  that  forms  this   moi  strous   apparition. 
But  if  I  may  trust  myself— if  I  may  persuade  n.yself  that  I  am  in 
my  right  mind,  then  it  does  appear  to  mo  that  \;e,  in  this   Senate, 
have  been  acting,  and  are  acting,  and  are  likel\  to  be  acting  here- 
after, a  part  which  will  certainly  form  a  remarkable  epoch  in   the 
history  of  our  government.     I  hold  it  to  be  cno  moiis — flagrant — 
and  an  outrage  upon  all  the  principles  of  a  popular  representative 
government  and  upon  the  elementary  provisions  of  the  constitution 
under  which  we  live,  and  which  we  have  sworn  to  support.     But 
then,  sir,  what  frees  the  case  from  this  enoiTnity?     Why,  it  is  that 
we  stipulate  onlv  that  these  new  states  shall   he  brought   in   at  a 
suitable  time.     Now,  what  is  to  constitute  the  suitableness  of  time? 
Who  is  to  judge  of  it'     I  tell  you,  sir,  that  the  suitable   time  will 
come  whenever  the  preponderance  of  party  power  here  makes  it 
necessary  to  bring  in'new  States.     The  time  will   depend   on   the 
state  of  our  politics  here,  and   not   upon    the    condition    of  these 
States  elsewhere.     Be  assurred,  sir,  there  will  be  a  suitable  time 
whenever  strength,  or  party  power,  or  votes,  are  -wanting  in  this 
Senate.     We  have  .some  little  experience  of  this.     Texas  came  in 
in  suitable  time,  very  suitable!     Texas  was  finally  admitted  in  De- 
cember, 1846.     My  friend  near  me  here,  (Mr.  RtJsK,)   for  whom 
I  have  great  regard,  whose  acquaintance  1    have    cultivated   with 
much    pleasure,    took    his    seat    here,    with    his    colleague,  in 
March,     1845.        In     July,      1846,     these     tv.'o     Texan    votes 
turned   the   balance  in    the    Senate    and  overthrew   the   larifl  of 
1842.  in  mv  judgment   the   best   system  of  revenue  that  was  ever 
established  in  this  country.     Gentlemen  of  diHeient  opinions  think 
otherwise.     They  think  it  was  fortunate.     They  think  the  Texan 
votes  came  in  in  suitable  time  ;  and  they  will  take  care  that  New 
Mexican  votes  shall  come  in  in  suitable  time   also.     I  understand 
it  perfectly  well.     It  is  a  difference  of  opinion  between  myself  and 
them.     To  their  policy,  to  their  object,  to  their  purposes,  the  time 
was  suitable,  and  the  aid  was  efficient  and  decisive.     Sir,  in  1850, 
perhaps,  similar  questions   may   be  agitated   here — they  are  not 
likely  to  be  before — but  agitated  they   will    be   then,  unless  some 
change  in  the  course  of  the  administration  of  the  government  take 
place  ;  and,  according  to  my  apprehension,  looking  to  general  re- 
sults as  flowing  from  our  established  system   ol  commerce  and  re- 
venue, in  1850,  two  years  from  this  time,  we  may  probably  be  en, 
gaged  in  a  new  revision  of  our  system  in  the  work  of  establishing, 
Tf  we  can,  a  tariff  of  specific  duties  ;  in  the  work  of  protecting,  if 
we  can,  the  domestic  industry  of  this    country,  and  in  the  work  of 
preventing  to  some  extent,  if  we  can,  the  overwhelmning  flood  of 
importations.     Suppose  this  to  be  the  case,   and  suppose  that  our 
opponents  require  additional  strength,  that  will  be  exactly  the  .suit- 
able time  for  two  Senators  from   New  Mexico  to  make  their  ap- 
pearance here. 

But  again,  we  hear  other  halcyon,  .soothing,  quieting  tones, 
which  quiet  nor.e  of  my  alarms,  assuage  none  of  my  fears, 
commend  me  to  my  nightly  rest  with  no  more  resignation.  It 
is  said  we  may  trust  the  popular  branch  of  the  legislature — we 
may  look  to  the  House  of  Representatives,  the  great  majority  of 
whom  are  from  the  North  and  Middle  States  ;  and  we  may  trust 
them,  that  these  new  States  are  not  admitted  sooner  than  they 
should  be,  or  admitted  for  any  party  purpose.  I  am  compelled 
by  experience,  to  distrust  all  such  reliance.  If  we  cannot  rely 
on  ourselves,  when  we  have  a  clear  and  unqucslioued  constitution- 
al authority,  competent  to  cany  us  through,  I  beg  to  know  how 
we  are  to  rely  on  others  ?  Have  we  more  respect  for  the  patriot- 
■  ism,  the  firmness  of  others  than  our  own  ?  Besides  experience 
shows  us,  that  things  of  this  sort  may  he  sprung  upon  Congress 
and  upon  the  people.  It  was  so  in  the  case  ni'  Texas.  It  was  so 
in  the  28th  Congress.  The  members  of  the  28th  Congress,  were 
not  chosen  with  the  view  to  decide  the  question  of  annexation  or 
no  annexation.  They  came  here  upon  other  grounds,  political  and 
jiarty  grounds,  supported  by  their  friends  on  one  side  and  the  other, 
for  reasons  not  connected  with  this  question.  What  then  ?  Why 
the  administration  sprung  the  question  upon  Congress.  It  obtain- 
ed a  snap-judgment,  and  carried  the  measure  of  annexation.  That 
can  be  proved  by  many  facts.  I  will  state  one.  There  were  four 
gentlemen  in  the  House  of  Representatives  from  Connecticut, 
elected  before  this  ipiestion  arose — belonging  to  the  democratic 
party.  They  had  not  been  here  long,  before  they  entered  into  the 
spirit  of  annexation;  and  when  this  he<(iuiie  known,  remonstrances 


— public,  private,  and  legislative — were  uttered  in  sounds  which  any 
one  could  have  heard,  who  could  hear  thunder.  Did  it  move  the.s'e 
gentlemen  ?  Not  at  all.  Every  one  of  them  voted  for  annexa- 
tion. The  election  came  round  a  few  months  afterwards,  and  they 
were  all  turned  out.  but  what  did  those  care  for  that,  who  had  the 
benefit  of  .their  votes?  Such  agencies,  or  if  it  he  proper  to  call 
them  instrumentalities,  maintain  respect  no  longer  than  they  con- 
tinue to  be  useful. 

Sir,  we  take  New  Mexico  and  California.  Who  is  weak  en- 
ough to  think  that  there  is  an  end?  Why,  do  we  not  hear  it 
avowed  every  day,  that  it  is  proper  for  us  also  to  take  Sonora  and 
Taumalipas,  and  other  provinces  or  States  of  northern  Mexico  < 
Who  thinks  that  the  hunger  for  dominion  will  stop  here  of  itself? 
Somebody  has  said  that  this  acquisition  is  so  mean  and  lean,  and 
unsatisfactory,  that  we  shall  seek  no  further.  In  my  judgment, 
sir,  you  may  believe  that,  if  you  can  believe  that  a  rapacious  ani- 
malthat  has  made  one  unproductive  foray  won't  try  for  a  better ! 
But  further  there  are  some  things  that  we  can  argue  against  with 
temper,  and  submit  to,  if  over-ruled,  without  mortification.  There 
are  other  things  that  seem  to  affect  one's  consciousness  of  being 
a  reasonable  man,  and  evince  a  disposition  to  impose  upon  his  com- 
mon sense.  And  of  this  class  of  topics  or  pretensions,  1  have  never 
heard  of  anything,  and  cannot  conceive  of  anything  more  ridiculous 
in  itself,  more  absurd,  and  more  affrontive  to  all  sober  judgment, 
than  the  cry  that  we  are  getting  indemnity.  Indemnity  by  the 
acquisition  of  New  Mexicoand  California!  I  hold  them  not  to  be 
worth  a  dollar,  and  we  pay  for  them  a  vast  sum  of  money.  We 
have  expended,  as  everybody  knows,  large  treasures  in  the  prose- 
cution of  the  war,  and  now  what  is  there  to  constitute  indemnity? 
What  do  gentlemen  mean  by  it  ?  Let  us  see  how  this  matter 
stands  !  We  get  a  country.  '  We  get  a  country  in  the  first  in- 
stance, either  by  cession  or  acknowledgment  of  boundary — I  care 
not  which  way  you  state  it — the  country  between  the  Nueces  and 
the  Rio  Grande!  What  this  country  is  appears  from  a  publication 
of  an  honorable  gentleman  in  the  other  house,  in  which  he  quotes 
an  account  given  by  Major  Gaines.  He  says  that  the  country  is 
worth  nothing;  that  he  would  not  hazard  the  life  of  a  single  indi- 
vidual for  every  foot  of  land  from  San  Patricio  to  the  valley  of  the 
Rio  Grande.  This  gentleman  has  been  there  lately,  and  is  well 
acquainted  with  the  condition  of  the  country.  So  far  then  as  that 
part  of  our  acquisition  is  concerned,  I  take  it  for  granted  it  is  not 
worth  a  dollar. 

Now,  of  New  Me.xico.  Of  th.at  forty-nine  fiftieths,  at  least,  is 
a  mere  barren  waste  of  desert  plain  or  mountain.  There  is  no  wood, 
no  timber — little  fagots  to  light  a  fire  are  carried  thirty  or  forty 
miles  on  mules.  There  is  no  natural  fall  of  rains  as  in  temperate 
climates.  The  place  and  scene  are  Asiatic — enormously  high 
mountains,  running  up  some  to  the  height  of  ten  thousan  i  feet, 
with  very  narrow  valleys  at  their  bases,  through  which  stream-, 
sometimes  trickle  along — a  garter  winds  along,  through  the  thread 
of  which,  runs  the  Rio  Grande  from  afar  in  the  Rocky  moun- 
tains down  to  the  latitude  of  about  thirty  three  degrees,  some  three 
or  four  hundred  miles.  There  these  sixty  thousand  persons  are. 
In  the  mountains,  on  the  right  and  the  left  are  streams  whose 
natural  tendencies  would  be  as  lateral  streams  to  flow  into  the  Rio 
Grande,  and  in  certain  seasons  of  the  year,  when  the  rains  have 
been  abundant  in  the  mountains,  some  of  them  do  actually  reach 
the  Rio  Grande,  hut  the  greater  part  of  them,  always — and  all  ol 
them  for  a  greater  part  of  the  year,  never  reach  an  outlet  to  the 
sea.  They  are  ab.sorded  in  the  sandy  and  desert  plains  of  the  coun- 
try. There  is  no  culture  anywhere,  save  that  which  can  be  obtained 
by  artificial  watering  or  irrigation.  You  can  have  this  along  the 
narrow  valley  of  the  Rio  Grande,  in  the  gorges  of  the  mountains, 
where  the  streams  are;  but  you  cannot  have  it  down  along  the 
course  of  those  streams  that  lose  themselves  in  the  sands. 

Now,  sir,  there  is  no  public  domain  in  New  Mexico.  There  is 
not  a  foot  of  land  to  be  sold  by  the  government.  There  is  not  an 
acre  that  will  become  ours  when  the  country  beeomes  ours — not 
an  acre.  But,  more  than  this,  the  country  is  full  of  people,  such 
as  they  are.  There  is  not  the  least  thing  in  it  to  invite  the  settle- 
ment of  our  planters  or  farmers.  There  will  go,  I  dare  say,  spe- 
culators, tr.aders,  some  of  them  adventurers,  tired  of  the  good 
country  in  the  valley  of  the  Mississippi,  who  desire  to  wander;  but 
I  undertake  to  sav  there  will  not  he  two  hundred  farmers  or 
planters  from  the  United  States  in  New  Mexico  in  the  next  fifty 
years.  They  cannot  live  there.  Do  you  suppose  they  are"  going 
to  cultivate  lands  which  cannot  be  made  productivein  the  slightest 
degree  without  irrigation?  The  jieople  that  are  there  produce 
little  and  live  upon  little  I  believe  the  characteristic  of  our  far- 
mers throughout  this  country  is  to  produce  a  good  deal  and  con- 
sume a  good  deal.  Again,  New  Mexico  is  not  like  Texas.  I  had 
hoped,  and  still  hope,  that  Texas  is  to  be  filled  up  by  a  popula- 
tion like  ourselves — not  by  the  Spanish  race — not  by  peons — not 
by  coarse,  ignorant,  vulgar  landlords,  with  tribes  of  slaves 
around  them,  predial  and  otherwise! 

Mr.  RUSK. — Will  the  honorable  Senator  allow  me  one  word  ? 
I  did  not  like  to  interrupt  the  Senator  when  he  was  reading  an  ac- 
count of  the  country  lying  in  the  valley  of  the  Nueces.  When  that 
country  comes  to  be  known,  it  will  be  found  to  be  as  valuable  as 
any  portion  of  Texas.  From  its  source  to  its  mouth,  the  valley  of 
the  Rio  Grande  will  be  found  the  same  thing.  I  did  not  choose  to  in- 
terrupt the  honorable  Senator,  but  we  do  not  clami  it  as  in- 
demnity, believing  it  to  be  our  just  and  equitable  right.  So  far  as 
Mexican  population  is  concerned,  there  is  a  good  deal  of  it  now  in 
Texas,  highly  respectable,  and  amongst  them  those  who  have  dis- 
tinguished  themselves  us    patriots,   men  of  intelligence  and   of 


March  23.] 


THE  LOAN  BILL. 


405 


worth.     These  are   coming  over  and  settling  in  Texas,  encour- 
aged by  the  prospet  of  peace. 

Mr.  WEBSTER.— I  take  what  I  say  in  regard  to  the  valley  of 
the  Rio  Grande,  from  the  statement  of  Major  Gaines.  I  am  glad 
to  hear  that  there  is  a  part  of  it  fit  for  the  foot  of  civilized  man.  I 
am  glad  to  hear,  also,  that  there  are  some  of  the  inhabitants  of 
N'ew  Mexioo,  who  are  not  so  besotted  with  their  miser.ible  condi- 
tion; as  not  to  make  some  eflbrt  to  get  out  of  the  country,  and  to 
come  into  a  better. 

Sir,  I  would,  if  I  had  time,  call  the  attention  of  the  Senate  to  a 
very  instructive  speech,  that  was  made  in  the  other  House  by  Mr. 
Smith,  of  Conneclici.t.  He  seems  to  have  examined  all  our  au- 
thorities, conversed  with  all  our  travellers,  corresponded  with  all 
our  agents.  His  speech  contains  all  their  communications,  and  I 
commend  it  to  every  man  in  the  United  States,  who  wi.shcs  to 
know  what  we  are  about  to  acquire  by  the  acquisition  of  New 
Mexico.  New  Mexico  is  secluded,  isolated — a  place  by  itself — in 
the  middle  of  the  mountains — live  hundred  miles,  I  believe,  from 
Texas. 

Mr.  RUSK. — Five  hundred  miles  from  the  settled  portions  of 
Texas. 

Mr.  WEBSTER. — Farther  from  any  where  else  !  It  does  not 
belong  anywhere.  It  has  no  belongings  about  it.  Sir,  at  this  mo- 
ment, it  is  absolutely  more  retired,  and  shut  out  from  communication 
with  the  civilized  world,  than  the  Sandwich  Islands,  or  most  ol  the 
islands  in  the  Pacific  ocean.  It  presses  hard  on  Typee,  and  the 
people  are  infinitely  less  elevated  in  mind  and  condition,  than  the 
people  of  the  Sandwich  Islands — far  less  worthy  of  our  associ- 
ation— far  less  fit  to  send  their  Senators  here,  than  are  the 
inhabitants  of  the  Sandwich  Ishnds — far  less  worthy  are  they 
than  the  belter  classes  of  Indians  in  our  neighborhood.  Com- 
mend me  to.  the  Cherokees,  the  Choctaws — if  you  please,  to 
speak  of  the  Pawnees,  the  Blackfeet  and  the  Snako  Indians, 
and  the  Flatheads — anything  except  the  "Digger"  Indians,  and  I 
am  satisfied  with  them,  instead  of  the  people  of  New  Mexico. 
They  have  no  notion  of  om-  institutions,  or  of  any  free  institutions. 
They,  any  notion  of  popular  government !  Why,  not  the  slightest 
—not  the  slightest  on  earth.  And  the  question  is  asked,  what 
will  be  their  constitution  ?  It  is  farcical  to  talk  of  such  a  people 
making  a  constitution.  They  do  not  know  the  meaning  of  the 
term.  They  do  not  know  its  import;  they  know  nothing  at 
all  about  it.  And  I  can  tell  you,  sir,  that  when  we  have  made  it 
a  territory,  and  wish  to  make  it  a  State,  such  a  constitution  as  the 
Executive  power  of  this  government  thinks  fit  to  send  to  them, 
will  be  sent  and  adopted.  The  constitution  of  our  fellow-citizens 
of  New  Mexico  wdl  be  framed  in  the  city  of  Washington.  Now, 
what  says  Col.  Hardin,  in  regard  to  New  Mexico — that  most  la- 
mented and  distinguished  oHicer,  whom  I  well  knew  as  a  member 
of  the  other  House,  and  whose  death  I  did  most  deeply  deplore  ? 
He  gives  a  description  of  New  Mexico,  and  speaks  of  'the  people 
of  that  country  in  these  terms  : 

"  The  people  are  on  a  par  wilh  their  iantt.  One  in  2(10  or  5(10  is  rich,  and  live*:  like 
a  nabob;  the  rest  are  peons;,  orservanlw  sold  tor  debt,  who  work  for  their  masters,  anil 
are  as  sabservient  as  the  slaves  ofllie  South,  and  look  like  IiKliaiis;  and,  indeed,  are 
not  more  capable  of  self-jrovernrnent.  One  man.  Jacobus  Sanchez,  owns  three- 
tburtiis  of  all  the  land  our  column  ha^  passed  over  in  Mexico.  VW  are  told  we  have 
se«u  the  best  part  of  Northern  Mexico;  if  so,  the  whole  of  it  is  not  worth  mncli." 

I  need  not  read  the  whole  extract.  He  speaks  of  all  Northern 
Mexico,  and  New  Mexico  is  not  the  better  part  of  it.  Sir,  there 
is  a  recent  traveller,  who  is  not  unfriendly  to  the  United  States,  if 
I  may  judge  from  his  works,  for  he  commends  us  everywhere.  He 
is  an  Englishman,  and  his  name  is  Ruxton.  I  believe  his  work  is 
in  the  library,  and  I  suppose  that  gentlemen  have  seen  it.  He 
gives  an  account  of  the  morals  and  manners  of  these  people;  and 
Mr.  President,  and  Senators,  I  will  take  leave  to  introduce  you  to 
these,  your  s-oon-to-be  respected  fellow-citizens  of  New  Mexico  : 

"It  is  remarkable  that  although  existing  from  the  earliest  limes  of  the  colonizalioii 
ol  New  Mexico,  a  period  of  two  centuries,  m  a  state  of  conlinnal  hostility  with  llie 
numeions  savage  tribes  of  Indians  who  surrounded  their  territory,  and  in  constant  inse 
corny  ol  hie  and  property  from  their  attacks;  being  also  far  removed  from  the  enervi 


tmg  inflaeuces  of  large  cilies,  and  in  their  isolated  situation  entirely  dependent  on  their 
own  resources,  the  inhabitants  arc  totally  destitute  ol  those  (loalities  which,  for  the 
above  reasons,  we  inight  naturally  have  expected  to  disliugnish  them,  and  are  mt  defi- 
cient in  energy  ol  chaiacler  and  physical  courage,  as  they  are  in  all  the  moral  and  in- 
tellectual qnalilips.  In  their  social  slate— but  one  degree  removed  from  the  veriest 
savages,  they  might  take  lessons  even  from  these  in  morality  and  the  conventional 
decencies  of  life.  Imposing  no  restraint  on  their  passions,  a  shameless  and  universal 
concubinage  exisf-s.  and  a  total  uisregard  of  moral  laws,  to  which  it  would  be  impossible 
to  find  a  parallel  in  any  conntry-  calling  iLscIf  civilized.  A  want  of  honorable  princi- 
ple, and  consummate  duphcity  and  treachery,  characterize  ail  their  dealings.  Liars  by 
nature,  they  are  treacherons  and  faithless  to"  their  friends,  cowardly  and"  cringing  to 
their  enemies;  cruel,  as  all  cowards  are.  tliev  unite  savage  ferocity  with  their  ss-ant  of 
Kiumal  courage;  as  an  example  of  which,  their  recent  massacre  of  Governor  Bent, 
and  other  Americans,  may  be  given — oneof  a  hundred  instances." 

"One  out  of  a  hundred  instances;"  and  these  are  soon  to  be  our 

beloved  countrymen ! 

Mr.  President,  for  a  good  many  years  I  have  struggled  to  op- 
pose every  thing  that  I  thought  tended  to  strengthen'  the  arm  of 
Executive  power.  I  think  it  is  growinsr  more  and  more  formida- 
ble every  day  ;  and  I  think  that  in  yielding  to  it  in  this  as  in  other 
instances,  will  give  it  strength,  which  it  may  be  hereafter  very  dif- 
ficult to  resist.  I  think  it  is  nothing  else  than  fear  of  Executive 
power  that  commits  us  to  the  support  of  this  war  for  the  acquisi- 
tion of  territory, — fear — fear — and  nothing  else.  In  the  little  part 
I  have  acted  in  public  life,  it  has  been  my  purpose  to  preserve  the 
people  of  the  United  States — what  the  constitution  was  designed 
to  make  them — one  people — one  in  interest — one  in  character — one 
in  political  feeling.  When  we  depart  from  that  we  break  it  all 
up.  What  sympathy  can  there  be  between  these  New  Mexicans, 
these  Californians.  and  the  inhabitants  of  the  valley  of  the  Missis- 
sippi or  of  the  middle  Stales,  or  of  the  eastern  Sta'tes  in  the  choice 
of  President  ?  Do  they  know  the  same  men  ?  Have  they  any 
general  consentaneous  sentiment  ?  Not  at  all.  An  arbitrary  go. 
verniuent  may  have  territorial  governments  in  distant  possessions, 
because  an  arbitrary  government  may  rule  its  distant  territories 
bv  different  laws  and  diflerent  systems.  Russia  may  govern  the 
Ukraine  and  the  C.iucausus  and  Kanischatka  by  different  codes  or 
ukases.  We  can  do  no  such  thing.  They  must  be  of  us — part  of  us — 
or  else  estranged.  I|think  I  see,  then,  in  progress  what  is  to  disfigure 
and  deform  the  constitution.  While  these  territories  remain  territo- 
ries they  will  be  troublesome  and  annoying.  They  will  draw  after 
them  a  vast  expense.  It  will  probably  require  as  many  troops  on  an 
average  as  we  have  been  in  the  habit  oi'maintaining  for  the  last  twen- 
ty years,  to  defend  these  territories  from  the  Indian  tribes.  We 
must  maintain  an  army  at  that  distance,  and  when  they  become  States 
tliev  are  still  more  likely  to  give  us  more  trouble  than  benefit.  I 
think  I  see  a  course  adopted  that  is  likely  to  turn  the  constitution 
under  which  we  live  into  a  deformed  monster — into  a  curse  rather 
than  a  blessing — into  a  great  frame  of  unequal  government,  not 
founded  on  popular  representation,  but  founded  in  the  grossest  in- 
equalities; and,  I  think,  if  it  go  on — for  there  is  danger  that  it 
will  go  on — that  this  government  will  he  broken  up.  I  resist  it 
to-day,  and  alwa5's — whoever  falters  or  whoever  flies,  I  resist — al- 
though I  see  that  all  the  portents  are  discouraging.  Would  to 
God  I  could  auspicate  good  influences!  Woijldto  God  that 
those  who  think  with  me  on  this  subject  had  stronger  support. 
Would  that  we  could  stand  where  we  would  desire  to  "stand  !  But 
with  few  or  alone  my  position  is  fixed.  If  there  were  time  I  would 
gladly  awaken  the  country.  I  believe  the  country  will  be  awa- 
kened—it may  bo  too  late — but  by  the  blessing  of  "God,  supported 
or  unsupported,  I  shall  do  ray  duty.  I  see  well  enough  all  the  sin- 
ister indications,  but  I  am  sustained  by  a  deep  and  conscientious 
sense  of  duty,  and  while  supported  by  that  feeling  of  duty,  and 
while  such  great  interests  are  at  stake,  I  shall  defy  all  augury,  and 
ask  no  omen  but  my  country's  cause  ! 

EXECUTIVE    SESSION. 

On  motion  by  Mr.  HANNEGAN,  the  Senate  proceeded  to  the 
consideration  of  Executive  business,  and  after  sometime  spent 
therein, 

On  motion, 
The  Senate  adjourned. 


406 


PETITIONS— DEFICIENCY  BILL. 


[FridaY; 


FRIDAY,  MARCH  24,  1848. 


KESOLUTION  OF  THE  LEGISLATURE  OF  TEXAS. 

Mr.  RUSK  presented  a  joint  resolution  passed  by  the  Legisla- 
ture of  the  State  of  Texas,  In  favor  of  the  establishment  of  addi- 
tional mail  routes  in  that  Slate;  whieli  was  referred  to  the  Com- 
mittee on  tiie  Post  Office  and  Post  Roads. 

PETITIONS.  .,    .        • 

Mr.  RUSK  presented  tlie  memorial  of  Preston  Starnt  and 
others,  in  behalf  of  themselves  and  other  Cherokee  Indians,  pray- 
mg  the  ajipointnient  of  a  Board  of  Commissioners  for  the  investi- 
gation ol  Cherokee  claims  under  the  treaty  of  New  Echota;  which 
was  referred  to  the  Couimittee  on  Indian  Aflairs. 

Mr.  DIX  presented  the  petition  of  J.  Howard  and  Son.  praying 
that  vessels  employed  by  them  in  the  eoaslinj;  trade  may  be  per- 
mitted to  touch  at  the  Port  of  Havana,  for  the  purpose  of  landinn 
passengers  without  subjecting  their  cargoes,  on  arrivmg  in  the 
United  States,  to  duty;  whiclt  was  referred  to  the  Committee  on 
Commerce. 

CHARTER    OF   THE    CITY   OF    WASHINGTON. 

Mr.  MILLER,  from  the  Conunittee  on  the  District  of  Colum- 
bia, to  whom  was  referred  the  memorial  of  the  corporation  of 
Washington,  reported  a  bill  to  continue,  alter  and  amend  the 
charter  of  the  city  of  Washington;  which  was  read  and  passed  to 
the  second  reading. 

MESSAGE    FROM    THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  clerk. 

Mr  Presipknt  :  The  House  of  Representatives  have  passed  tlie  hill  of  tlie 
Senate  fo  remit  the  duty  on  books,  maps  and  charts,  imported  for  the  use  of  the  Lihra 
ry  of  Congress,  with  an  amendment,  in  which  they  request  the  concurrence  of  the 
Senate. 

The  House  of  Representatives  agree  to  the  3d, 6th,  7th,  ."^Ih  and  tllh  of  tlie  amendments 
of  the  Senate  to  the  hill  of  the  House  further  to  supply  deficiencies  in  the  apptojiria- 
lions  for  the  service  of  the  fiscal  veai  ending  on  thelttltijof  June,1^^48;  and  tliey  afiree  lo 
the  4th  and  5lh  of  the  amendments  of  the  Senate  lo  said  hdl.jwitli  aniendnrents.  in 
which  they  request  the  concurrence  of  the  Senate:  and  they  disa^'ree  to  the  otliei 
amendments  of  the  Senate  to  said  hill. 

,^  ADJOURNMENT    OVER. 

On  motion,  it  was 
Ordered,    That   when    the    Senate    adjourn,   it   be   to    Monday 
next. 

I,  LIBRARY   OF    CONGRESS. 

The  .Senate  p.saeeeded  to  consider  the  amendment  made  by  the 
House  of  Representatives  to  the  bill  of  the  Senate  to  remit  the  du- 
ties on  books,  maps  and  charts,  imporled  for  the  use  of  the  Libra- 
ry of  Congress;  and  it  was 

HeyoU^ed,  That  they  concur  therein. 

Ordered,  That  the  Secretary 
tives  accordingly. 

DEFICIENCY    BILL. 

The  Senate  proceeded  to  consider  the  message  of  the  House  of 
Representatives  in  relation  to  the  amendments  of  the  Senate  to 
the  bill  of  the  House  further  to  snppiv  detieiencies   in   the   appro- 

Jiriations  for  the  service  of  the  tiscal  year,  endintr  on  the  30th  of 
lune,  1848. 

The  message  having  been  read — 

Mr.  ATHERTON  called  for  the  reading  of  the  first  amend- 
ment, which  had  been  disagreed  to  by  the  House,  and  it  was  read 
by  the  Secretary. 

[This  amendment  strikes  ont  the  proviso  in  relation  to  the  keep- 
ers of  the  public  archives  in  Florida.] 

Mr.  ATHERTON  moved  that  the  Senate  reeode  from  this 
amendment. 

Mr.  DOWNS  observed  that  the  Senator  from  Florida,  who  de- 
sired to  address  some  remarks  to  the  Senate  upon  this  amendment , 
was  not  now  in  his  seat,  being  engaged  in  committee.  He  would 
suggest,  therefore,  that  the  bill  be  postponed  for  the  present. 

Mr.  .'VTHERTON.— I  cannot  consent  that  the  bill  shall  be  de- 
layed. I  have  no  objection,  however,  that  we  shall  proceed  with 
the  remaining  amendments,  leaving  this  one  to  be  considered  when 
the  Senator  from  Florida  may  be  in  his  seat. 

The  Senate  then  proceeded  to  consider  the  second  amendment, 
which  had  been  disagreed  to  by  the  House,  which  appropriated  live 
thousand  dollars  for  the  expenses  of  loans  and  treasury  notes. 

Mr.  ATHERTON  moved  that  the  Senate  recede  from  this 
amendment;  which  was  agreed  to. 

The  Senate  then  proceeded  to  consider  tho  fourth  amendment, 
relating  to  the  appropriation  for  additional  clerks  in  tho  office  of 


otify  the   House   of  Representa- 


the  Second  Auditor,  which  had  been  amended  in  the  House  by  ad- 
ding the  words  "at  a  rate  of  compensation  not  exceeding  one  thou- 
sand dollars  per  annum,"  and  also  so  as  to  make  it  apply  to  the 
ofliee  of  the  Second  Comptroller  as  well  as  to  the  office  of  the 
Second  Auditor,  and  to  increase  the  sum  from  twelve  thousand  dol- 
lars to  seventeen  thousand  dollars. 

Mr.  ATHERTON  moved  that  the  Senate  concur  in  the 
amendment  of  the  House  to  this  amendment  of  the  Senate. 

Mr.  CLAYTON. — I  would  ask  the  Chairman  of  the  Committee 
on  Finance  what  is  the  mimber  of  clerks  provided  for  by  the  whole 
bill? 

Mr.  ATHERTON.— The  papers  which  accompanied  the  bill 
to  the  House  and  which  have  not  been  returned  to  us,  would  fur- 
nish the  information  which  the  gentleman  asks  for.  The  provision 
now  under  consideration  was  inserted  on  the  reeomtnendation  of 
the  third  Auditor. 

Mr.  DAVIS,  of  Massachusetts.— I  desire  to  know  how  much 
provision  is  made  for  additional  clerks  ?  how  much  was  put  in  by 
the  Senate  ?  and  how  much  has  been  proposed  to  be  added  by  tlie 
House  V 

The  PRESIDING  OFFICER  read  from  the  provisions  of  the 
bill,  the  amount  proposed  to  be  appropriated  for  the  payment  of 
the  salaries  of  clerks  in  the  ditferent  Bureaus  of  the  War  and  Navy 
Departments,  amounting  to  S17,000. 

Mr.  ATHERTON  also  stated  the  suras  that  had  been  proposed 
to  be  inserted  by  the  House  of  Representatives  and  by  the  Com- 
mittee of  the  Senate,  stating  the  aggregate  to  be  about  seventy- 
five  thousand  dollars. 

Mr.  DAA'IS. — This  explanation  does  not  by  any  means  answer 
the  enquiry,  or  give  me  the  information  which  I  was  desirous  to 
iibtain.  1  desire  to  know  what  emergency  has  arisen  which  de- 
mands an  appropriation  of  seventeen  thousand  dollars  for  additional 
clerks  in  the  different  Bureaus  of  the  War  and  Navy  Departments? 
I  supposed  that  the  expenses  ol  these  departments  had  been  fully 
estimated  for  last  year,  and  now  we  are  called  on  to  add  seventeen 
more  clerks.  This  is  what  I  wtint  to  know.  Possibly  some  mem- 
ber of  the  committee  can  furnish  the  information.  I  do  not  desire 
to  delay  the  passage  of  the  bill,  but  if  I  cannot  obtain  this  infor- 
mation, I  shall  ask  to  have  it  re-eomniitted,  in  order  to  ascertain 
what  the  loundation  of  this  item  in  the  bill  is. 

Mr.  ATHERTON.^ — -The  papers  which  have  not  been  returned  _ 
from  the  House,  furnish  full  and  satisfactory  information  upon  this 
point.  The  necessity  for  the  additional  clerks  arises  from  the  great 
amount  of  the  war  accounts.  The  bill  has  been  before  a  committee 
of  the  House  aim  undergone  very  close  examination  ;  and  I  believe 
the  general  impression  is,  that  the  amount  provided  by  the  bill 
instead  of  being  too  large,  is  not  large  enough.  The  press  of  bu- 
siness growing  out  of  the  war  is  very  great,  and  applies  to  the  ac- 
countinst  officer  of  the  Treasury  connected  with  the  War  Depart- 
ment, to  the  Pension  Office,  and  to  the  Bounty  Land  Office. 

The  amendment  of  the  House  to  this  amendment  of  the  Senate, 
was  concurred  in. 

The  Senate  then  proceeded  to  consider  the  fifth  amendment, 
which  had  been  amended  by  the  House  by  striking  out  the  words 
"four  of  them  at  the  rate  of  $1,200  per  annum  each,  and  the  re- 
maining four,''  and  reducing  the  sum  to  $2,000;  and  it  was  agreed 
to. 

On  motion  by  Mr.  ATHERTON  the  bill  was  then  passed  over 
informally  for  the  present. 

PATRICK    WALKER. 

On  motion  by  Mr.  .TOHNSON,  of  Louisiana,  the  prior  orders 
were  suspended,  and  the  bUl  granting  a  pension  to  Patrick  AValker, 
having  been  read  the  second  time,  was  considered  as  in  Committee 
of  the'  Whole. 

Mr.  TURNEY  impiircd  why  the  pension  in  this  case  was  in- 
creased to  forty  dollars  per  month' 

Mr.  JOHNSON,  of  Louisiana.— The  report  fully  sustains  the 
merits  of  the  bill  This  is  an  extraordinary  case.  The  man  has  had 
one  of  bis  arms  blown  entirely  otf,  and  he  has  also  lost  his  other  hand; 
and  is  consetpicnlly  entirely  helpless,  and  is  obliged  to  have  a  ser- 
vant constantly  with  him.  He  cannot  even  eat  without  one.  He  lost 
his  arms  while  gallantly  lighting  the  battles  of  his  country.  Several 
distinguished  ollicers,  amongst  whom  are  General  Shields  and 
Colonel  Harney,  testify  to  his  bravery  and  good  conduct.  The 
committee  was  of  opinion  that  he  could  not  support  himself  for 
loss  than  the  sum  provided  for  in  the  bill.  The  Commissioner  of 
Pensions  also  has  "iven  his  opinion,  that  this  m.an  is  entitled  to  as 
high  a  pension  as  has  ever  been  allowed,  and   the  committee  refer 


March  24  ] 


THE  LOAN  BILL. 


407 


to  a  case  which  occurred  in  the  last  war  in  which  a  man  lost  both 
his  hands,  and  he  was  allowed  a  pension  of  forty  dollars  a  month. 

Mr.  TURNEY.— I  have  no  doubt  that  this  man  was  a  very  gal- 
lant soldier,  but  it  seems  to  me  that  the  question  ought  to  be  whether 
the  general  law  on  the  subject  of  pensions  should  be  modified. 
I  know  a  man  who  lost  his  arras  at  Monterey,  and  who  is  reoeiv- 
mg  only  the  ordinary  pension,  and  I  will  venture  to  say  there  is  no 
difference  in  point  of  gallantry  or  bravery  between  the  two  indi- 
viduals. I  can  see  no  reason  for  departure  from  the  established 
rate  of  pension  in  the  one  case  mure  than  in  the  other.  I  see  no 
reason  why  one  should  have  forty  dollars  a  month,  and  the  other  only 
eight  or  ten.  I  think  that  the  law  should  be  uniform  in  its  opera- 
tion; and  if  you  are  going  to  act  upon  such  principles  as  this  bill 
proposes,  your  entire  revenue  will  bo  hardly  sufficient  to  siipply 
the  pension  list.  I  am  entirely  opposed  to  it.  The  individual 
was  unfortunate  in  losing  his  arms,  but  not  more  unfortunate 
than  many  others  are,  and  not  entitled  to  more  eonpensation  than 
others  who  have  been  equally  unfortunate,  and  who  rendered 
equally  important  services.  I  can  see  no  ground  for  making  a 
distinction,  and  I  am  opposed  to  adopting  a  rule  which  will  give 
to  one  a  higher  pension  than  another. 

Mr.  HANNEGAN.— My  attention  was  called  to  this  case  yes- 
terday  by  a  verv  gallant  and  distinguished  officer  who  has  served 
not  only  in  the  present  war,  but  in  former  wars.  I  mean  Colonel 
Harney,  who  was  himself  conversant  with  the  facts  attending  this 
case.  I  agree  with  the  honorable  Senator  from  Tennessee,  that 
the  pension  laws  ought  to  be  uniform,  but  there  must  be  exceptions 
to  all  general  rules.  The  ordinary  pension  often  dollars  a  month  is 
[sufficient  in  almost  all  ordinary  cases  of  wounds,  but  here  is  an  ex- 
traordinary case.  This  man  is  incapable  of  dressing  or  undressing 
himself.  He  is  unable  to  feed  himself.  He  is  compelled  to  have  the 
constant  attendance  of  a  servant,  and  the  wages  of  that  servart 
alone,  would  be  equal  in  amount  to  an  ordinary  pension.  As  was 
stated  by  the  Senator  from  Louisiana,  he  lost  both  his  arms  at  the 
battle  of  Churubusco.  A  cannon  ball  in  the  first  place,  earned  off 
his  right  arm;  his  captain  turned  to  him,  and  seeing  his  mutilated 
condition,  told  him  to  retire.  He  replied  heroically,  disregarding 
his  wound — ''  this  gun  must  be  served — I  can  still  do  service — I  will 
remain.''  Scarcely  had  he  .'spoken,  when  his  other  hand  was  car- 
ried away.  If  ever  there  was  a  case  which  appealed  directly  to 
the  government  to  support  the  individual  who  is  a  sutFerer  in  its 
service,  this,  I  think,  is  such  a  case. 

Mr.  PHELPS. — As  one  of  the  Committee  on  Pensions,  I  sup- 
ported this  bill  on  the  ground  that  it  was  a  very  unusual  case, 
and  such  a  one  as  justified  special  legislation.  I  imagine  that 
another  case  of  a  soldier  having  been  so  utterly  incapacitated  to 
take  care  of  himself — I  do  not  mean  to  earn  his  subsistence,  but 
to  supply  his  ordinary  wants — cannot  be  found.  AVhy  should  wo 
alter  the  general  pension  law  for  a  case  that  is  not  likely  again 
to  occur?  The  committee  might  have  reportad  a  bill  for  amend- 
ing the  pension  law  so  as  to  provide  for  cases  in  which  men  had  lost 
both  their  arms,  but  in  all  human  probability,  such  a  case  will  not 
occur  again  in  fifty  years.  How  is  this  man  to  exist  on  eight  dol- 
lars a  month?  He  cannot  carry  a  particle  of  food  to  his  mouth. 
He  cannot  put  on  his  clothes,  or  pull  them  off.  I  conceive  that  if 
there  be  a  case  in  which  the  gratitude  and  generosity  of  the  gov- 
ernment can  properly  be  exerted,  it  is  such  a  case  as  this. 

Mr.  ATHERTON.— I  move  that  this  bill  be  laid  upon  the  table 
for  the  present. 

Mr.  PHELPS. — I  hope  that   the  vote  w-ill  be  taken  on  the  bill. 

Mr.  JOHNSON. — The  committee  were  unanimous  in  recom- 
mending the  passage  of  the  bill. 

Mr.  ATHERTON  withdrew  his  motion. 

Mr.  TURNEY. — I  would  like  to  know  upon  what  principle  it 
is,  that  w-e  propose  to  give  forty  dollars  a  month  to  this  individ- 
ual. It  is  said  that  he  has  no  relation  or  friends.  This  is  certain- 
ly very  strange.  He  must  have  lived  in  a  strange  community. 
It  is  stated  that  he  must  have  a  servant,  and  that  it  will  take  at 
least  thirty  dollars  a  month  to  pay  the  expenses  of  a  servant.  I  be- 
lieve that  one  may  be  procured  for  five  dollars  a  month.  I  want  to 
know  what  is  to  become  of  your  Treasury  if  you  are  going 
to  pay  thirty  dollars  a  month  to  a  servant  to  attend  uiion 
pensioners.  This  prmciple  of  making  distinctions,  is  to  my  mind 
extremely  odious.  The  distinction  in  this  case  is,  that  the 
man  has  been  brought  here  and  exhibited  in  order  to  excite  the 
sympathy  of  Senators.  There  are  thousands  of  individuals  at  their 
homes  who  have  been  wounded,  who  do  not  seek  to  obtain  an  ex- 
traordinary pension.     I  ask  for  the  yeas  and  nays. 

Mr.  JOHNSON, — This  is  a  solitary  case  ;  probably  there  has 
not  been  such  another  during  the  whole  war.  During  the  last 
war  with  Great  Britain  there  was  but  one  such  case,  and  the  man 
was  allowed  forty  dollars  a  month  by  a  special  enactment.  The 
Senator  trom  Tennessee  says  that  a  servant  can  be  hired  for  five 
dollars  a  month  I  imagine  he  is  mistaken  in  this,  but  he  does 
not  recollect  that  the  servant  must  also  be  boarded  and  clothed  as 
well  as  the  pensioner  himself. 

Mr.  MOOR.— The  pensioner  named  in  this  bill  entered  the  armv 
from  Maine.  He  resided  in  the  immediate  neighborhood  of  ray 
colleague,  who  has  taken  a  deep  interest  in  his  relief.    As  he  is 


not  now  in  his  seat,  but  is  engaged  on  a  committee  of  the  Senate, 
I  should  move  to  pass  it  by  informally  until  he  could  be  present,  if 
I  apprehended  any  danger  to  its  passage. 

Several  Sekators. — Yes,  yes,  let  the  vote  be  taken. 

Mr.  MOOR. — I  will  occupy  but  a  single  moment.  I  think  I 
cannot  be  mistaken  in  the  indications  of  the  Senate.  A  case  of 
more  merit  cannot  eorae  before  us.  A  soldier  returning  from  the 
war,  with  one  arm  .shot  off  and  the  other  mutilated  and  rendered 
useless,  and  asks  for  the  relief  which  your  general  pension  laws  do 
not  grant  for  such  disabilities.  A  gallant  General  of  the  army  in- 
forms nic  that  he  received  these  wounds  whilst  standmg  at  his 
post  and  manfully  doing  his  duty  in  battle  ;  that  his  disaibility  is 
beyond  that  of  any  man  who  has  come  from  the  field.  It  is  a  dis- 
ability which  would  very  seldom  occur.  No  general  law  would 
meet  the  case.  It  is  not  merely  a  case  of  absolute  inability  to 
earn  a  subsistence.  He  is  even  incapacitated  from  putting  on  his 
apparel  witlwut  assistance.  Only  one  similar  case  occurred  du- 
ring the  last  war  with  Great  Britain,  for  which  the  same  pension 
was  granted  that  is  provided  in  this  hill.  I  will  not  delay  the  ac- 
tion of  the  Senate  by  oH'ering  any  further  reasons. 

Mr.  DAVIS,  of  Mississippi. — I  am  very  unwilling  to  say  any- 
thing on  this  subject,  but  it  strikes  rae  as  highly  necessary  that  we 
should  pause  before  we  enter  upon  this  career  of  granting  pen- 
sions. If  you  are  to  give  this  class  of  pensions  for  total  disaUihty, 
you  must  extend  it  to  those  who  are  disabled  from  other  causes 
than  the  loss  of  their  hands.  You  must  extend  it  to  those  who  are 
disabled  by  wounds  of  the  spine,  and  sueh  cases  are  numerous.  I 
think  we  ought  to  establish  some  principle  which  shall  be  followed 
in  the  grantmg  of  pensions.  If  we  are  not  to  have  an  asylum  for 
disabled  soldiers — -if  we  intend  to  adhere  to  the  pension  system  as 
the  only  means  of  supporting  them — we  should  make  a  provision 
for  granting  a  higher  pension  to  tlio.se  who  are  totally  disabled,  in 
whatever  manner  their  wounds  may  have  been  received.  I  object 
to  special  legislation  for  individual  cases,  when  there  are  so  many 
of  a  similar  character  requiring  our  aid. 

No  amendment  being  made,  the  bill  was  reported  to  the  Senate. 

The  question  being  upon  ordering  the  bill  to  be  engrossed  and 
read  a  third  time,  the  yeas  and  nays  were  ordered  and  taken  with 
the  following  result  : 

VF.AS. — Messrs.  Alien,  Atchi.'.on,  Badger,  Bagl)y.  Benton.  Braflhuty.  Calhonn, 
Clayton,  Crittenden.  Davis,  of  Ma-^achiisetts.  Dayton,  Dickinson,  Donglai,  Dotvns, 
Fel(!h,  Johnson,  of  Louisiana,  Mangnm.  ^lason,  Miller,  .Moor,  Phelps,  Rnsk. 
Sprnance,  Umierwood,  ami  Uphain. — 2.5. 

NAVS. — Messrs.  Ashley,  Atherton,  Davis,  of  Mississippi,  Dix,  Male,  Hunter. 
l*e\vis,  Niles,  and  Tnriiey. — 0. 

So  it  was 

Ordered,  That  the  bill  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  nnanimous  consent. 

Resotvetl.  That  tins  bill  p.iss,  and  that  the  title  thereof  he  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

THE    DEFICIEN-CY    BILL. 

On  motion  by  Mr.  ATHERTON,  the  Senate  resumed  the  con- 
sideration of  the  bill  further  to  supply  deficiencies  in  the  appropria- 
tions for  the  service  of  the  fiscal  year  ending  the  30th  June,  1848. 

The  question  recurred; upon  the  motion  to  recede  from  the  first 
amendment  of  the  Senate,  which  had  been  disagreed  to  by  the 
House,  striking  out  the  proviso  lo  the  item  for  the  pay  o(  two 
keepers  of  the  public  archives  in  Florida  ;  and  it  was  determined 
in  the  affirmative. 

Mr.  ATHERTON  subsequently  moved  a  reconsideration  of  the 
vote  by  which  the  Senate  agreed  to  recede  from  this  amendment 
in  order  to  afford  the  Senators  from  Florida,  who  were  absent 
when  the  vote  was  taken,  an  opportunity  to  vote  upon  it. 

Messrs.  WESTCOTT  and  YULEE  strenuously  advocated  the 
amendment  of  the  Senate  ;  and  insisted  that  the  Senate  should 
adhere  to  it. 

Messrs.  HALE,  PHELPS,  ATHERTON,  DAVIS,  of  Massa- 
chusetts, and  CRITTENDEN  opposed  the  amendment. 

The  motion  to  reconsider  was  determined  in  the  negative. 

THE    LOAN    BILL. 

The  Senate  resumed  the  consideration  of  the  bill  from  the  House 
of  Representatives  to  authorize  a  loan  not  to  exceed  the  sum  of 
sixteen  millions  of  dollars. 

The  question  pending  was  upon  ordering  the  amendments  to  be 
engrossed  and  the  bill  to  be  read  a  third  time. 

Mr.  ATHERTON  moved  to  amend  the  bill,  immediately  after 
the  clause  requiring  the  bids  to  be  opened  publicly,  by  adding 
"  and  no  proposals  shall  be  withdrawn  after  the  same  shall  have  » 
been  received  at  the  Department,"  and  explained  that  the  object 
was  to  impose  upon  bidders  the  obligation  of  a  contract,  and  thus 
to  prevent  the  withdrawal  of  the  higher  bids  in  favor  of  the  lower, 
to  the  loss  of  the  government,  by  a  combination  between  the  bid- 
ders. He  remarked  that  the  amendment  had  been  suggested  by 
the  honorable  Senator  from  Vermont,  [Mr.  Phelps,]  and  had  the 
approbation  of  the  Senator  from  Massachusetts,  then  absent,  [Mr. 
Webster.] 


410 


GRANT  OF  LAND  TO  LOUISIANA,  ETC. 


[Monday, 


ITBLIC  LANDS  IN  ALABAMA. 

Agreeably  to  notice,  Mr.  BAGBY  asked  and  obtMined  leave  to 
bring  in  a  bill  to  cede  to  the  State  of  Alabama  the  Inn. Is  unsold  in 
that  State,  belonging  to  the  United  States,  and  rcinii^;iing  unsold 
after  th%  first  day  of  May,  1848,  ami  lor  nllicr  puriiu^os. 

Mr.  BAGBY  said  that  in  bringing  forward  this  bill,  he  had  two 
objects  in  view.  The  first  was  to  terminate  the  unpleasant  and 
embarrassing  relation  of  landland  and  tenant,  between  the  State 
of  Alabama  and  the  government  of  the  United  States.  The  first 
section  of  the  bill  proposes  to  cede  to  the  State  of  Alabama,  all 
the  public  lands  lying  m  that  State,  and  rcmaming  unsold,  on  the 
first  day  of  May  next,  exempting  from  the  operation  of  the  bill, 
pre-emption  rights,  the  right  to  reservations  under  the  Indian  trea- 
ties, and  grants  under  treaties  with  foreign  nations.  The  records 
of  the  treasury  show,  that  the  proceeds  of  the  sales  of  the  public 
lands  in  Alabama,  exceed  by  several  millions  of  dollars,  the 
amount  paid  for  the  territory  lying  within  the  limits  of  that  State 
to  foreign  nations,  for  the  extinguishment  of  the  Indian  title,  and 
all  the  expenses  of  surveying  and  selling  the  land. 

The  second  section  cedes  to  the  Statei  all  the  land  lying  within 
their  respective  limits  so  soon  as  it  is  ascertained  from  the  returns 
in  the  Treasury  Department,  that  the  proceeds  of  the  sales  of  the 
lands  in  such  States  has  re-imbursed  the  general  government  all 
the  expenses,  as  indicated  in  the  first  section  of  the  bill.  Thus, 
the  Senate  will  perceive,  that  the  ground  upon  which  this  system 
for  the  extinction  of  the  title  of  tlio  United  States,  in  the  public 
land  lying  in  the  different  States  of  the  Union,  is,  that  the  govern- 
ment shall  have  been  reimbursed  the  purchase  money  and  all  the 
expenses  incnient  to  the  public  those  states. 

This  in  itself,  is,  in  my  judirment,  a  consideration  of  very  great 
weight,  entirely  suflicient  not  only  to  authorize,  but  to  demand  the 
passage  of  this  bill.  In  addition  to  this  high  and  weighty  consid- 
eration ofa  general  nature,  there  is  another,  but  little  inferior  in 
importance;  and  that  is  the  constant  practice  of  making  appropri- 
ations of  the  public  land  to  purposes  of  internal  improvement,  in 
violation  of  the  constitutional  power  of  Congress,  and  in  direct 
confiiet  with  the  rights  of  the  States,  and  as  I  believe,  the  true 
interest  of  the  people.  I  do  not  propose  to  go  at  length  into  these 
views  now,  I  ask,  that  the  bill  may  be  twice  read,  and  referred  to 
the  Committee  on  Public  Lands,  and  upon  the  coming  in  of  their 
report,  I  shall  with  the  permission  of  the  Senate,  perhaps,  give 
my  views  at  more  length. 

The  bill  was  read  t'  e  first  and  second  times  by  unanimous  con- 
sent, and  referred  to  the  Committee  on  Public  Lands. 

MESSAGE    FROM    THE    PKESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary  ; 

To  the  Srntttc  of  the  Vnitr.cl  states  ; 

I  tI.^nsm^t  herewith  a  report  of  the  Secretary  of  State  with  acfompanyinfi  docii- 
menti,  in  eoniplinnee  with  the  resolution  of  the  Senate,  of  the  17th  inst.,  requesting 
the  Prebidenl  to  coniniunicate  to  that  body  "copies  of  the  correspondence  between 
the  minister  of  the  I'liitcd  States  at  London  and  any  authorities  of  the  British  govern- 
ment, in  relation  to  a  iiostal  arraugement  between  the  two  countries." 

JAMES  K.  POLK. 

WashiDgton,  March  27,  1848. 

On  motion  by  Mr.  NILES,  it  was 

Ordered,  That  it  be  referred  to  the  Committee  on  the  Post  Of- 
fice and  Post  Roads,  and  be  printed. 

MESSAGE'  FROM    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  clerk  : 

Mr.  President :  The  Speaiter  of  the  House  of  Representatives  having  signed  an  eii ' 
rolled  bill,  1  am  directed  lo  bring  it  to  the  Senate  for  tlie  signature  of  their  President. 

The  House  of  Repiesenlatives  have  passed  the  bill  of  Ihe  Senate  to  provide  for  the 
••ompensalion  of  Saiiuiel  Leech  for  services  in  the  invi'Stigation  of  suspended  snics  lu 
the  Mineral  Point  Di:.tricl.  Wisconsin,  with  an  ameudnieni.  in  which  they  re(|uest  Ihe 
coDcurrcncK  of  ttie  Senate. 

They  have  passed  tlie  bill  of  the  Senate  in  addition  to  an  .act  for  the  relief  of  Wal- 
ler Jjoomis  and  Abel  (Iiay,  approved  July  2d,  183fi. 

Theyli.i'.'-  iias."d  a  joint  resolution  coneeniing  the  settlement  of  the  aecouuls  of 
'>V'!Ii'"W  .-=,,■  dL;;,  purser  in  the  Navy  of  the  United  Stales:  and  a  nniiiber  of  priiate 
bd!s,  ill  uhiuh  I  am  directed  to  ask  tlie  concurrence  of  the  .Senate. 

SIGNING  OF  A  BILL. 

The  VICE  PRESIDENT  signed  the  enrolled  bill  entitled  "An 
act  further  to  supply  deficiencies  in  the  appropriations  for  the  ser- 
vice of  the  fiscal  year  ending  30th  June,  18-18." 

CALIFORNIA    CLAIMS. 

Mr.  CASS  "ave  notice  that  on  to-morrow,  during  the  morning 
hour,  ho  should  move  to  proceed  to  the  consideration  of  the  bill 
for  ascertaining  and  paying  the  California  claims. 

GRANT   or    LAND    TO   LOUISIANA. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  the  prior  orders 
were  suspended  and  the  Senate  proceeded  to  consider,  as  in  Com- 
mittee of  the  Whole,  the  bill  to  grant  to  the  State  of  Louisiana 
certain  lands  for  internal  improvement. 

Mr.  JOHNSON  remarked, That  ns  he  would  be  compelled  to 
leave  the  city  to-morrow  in  conscrjucnoe  of  a  domestic  calamity, 
he  trusted  that  the  Senate  would  oblige  him  by  allowing  the  bill 
lo  be  acted  upon  at  once. 


Mr.  BAGBY  was  sorry  that  he  could  not  yield  to  the  request  of  the 
honorable  Senator.  The  bill  contained,  as  he  apprehended,  a  prin- 
ciple to  which  he  entertained  decided  hostility.  He  could  not  con- 
sent that  the  bill  should  be  allowed  to  pass  without  expressing  his 
opposition  to  it;  much  less  could  he  suffer  it  to  pass  without  the 
usLial  forms  of  legislation.  It  was  an  attempt  to  do  indirectly  that 
which  he  had  contended  throughout  his  whole  public  life  could  not 
be  done  directly.  Entertaining  such  views,  it  would  be  perceived 
that  he  could  not  assent  to  the  request  of  the  Senator  from 
Louisiana. 

Mr.  DIX  inquired  whether  the  bill  had  been  taken  up. 

The  PRESIDING  OFFICER  replied  that  the  bill  was  before 
the  Senate  and  was  open  to  amendment. 

Mr.  DIX  then  remarked  that  he  had  not  heard  the  question  put 
on  taking  up  the  bill. 

Mr.  DICKINSON  said  that  it  might  be  all  right,  but  he  thought 
the  procedure  somewhat  singular. 

Mr.  ASHLEY  observed  that  the  bill  had  been  submitted  to  the 
Committee  on  Public  Lands  at  the  session  before  last,  and  had 
been  amended.  The  evidence  before  the  (committee  was  quite  con- 
clusive that  the  land  was  of  little  or  no  value,  and  that  great  pub- 
lic interests  would  be  subserved  by  making  the  grant.  The  com- 
mittee unanimously  concurred  in  reporting  the  bill:  and  he  be- 
lieved that  there  was  no  substantial  reason  against  its  passage. 

Mr.  BAGBY  said  that  to  his  mind  the  objections  were  at  all 
events  fundamental  and  conclusive.  The  honorable  Senator  from 
Louisiana  put  the  bill  on  the  ground  that  the  land  was  in  the  first 
instance  to  be  appropriated  to  the  State  and  afterwards  to  the 
Railroad  company  for  the  purpose  of  constructing  their  road. 
Where  then  was  the  difference  in  interposing  the  State  as  the  con- 
duit  through  which  the  grant  was  to  be  given,  and  making  it  di- 
rectly? It  was  remarked  by  the  Senator  from  Arkansas  that  the 
land  was  of  little  or  no  value.  How  had  it  happened  then  that 
it  was  sought  by  the  State  and  afterwards  by  the  railroad  company? 
How  could  it  contribute  to  the  construction  of  the  road?  He  denied 
that  any  benefit  had  ever  resulted  to  the  treasury  from  these  grants 
of  land,  and  asked  those  who  thought  otherwise  to  point  to  any 
statistics  which  presented  to  the  contrary. 

Mr.  DOWNS  said  he  believed  it  had  been  customary  to  make 
such  grants  of  lands  in  other  States,  and  if  his  recollection  was 
correct  a  series  of  resolutions  had  been  offered  which  would  come 
up  hereafter  for  discussion,  and  it  would  then  be  a  more  favorable 
time  to  discuss  the  subject  than  at  present.  He  hoped,  then,  that 
as  this  was  a  matter  in  which  so  many  interests  were  involved 
there  vi'ould  be  no  further  opposition  to  the  passage  of  the  bill. 
There  was,  as  gentlemen  had  said,  a  plan  for  a  railroad  from  New- 
Orleans  to  the  Gulf  to  facilitate  the  communication  with  the  sea. 
and  the  company  had  obtained  the  privilege  of  running  their  road 
through  the  property  of  private  individuals,  but  they  had  no  au- 
thority for  passing  through  the  domain  belonging  to  the  United 
States.  It  was  a  matter  of  small  value  to  this  government  but  of 
much  importance  to  that  part  of  the  country;  and  he  hoped,  there- 
fore, that  all  objection  would  be  withdrawn. 

Mr.  ASHLEY  remarked,  that  when  he  had  characterized  tha 
public  lands  there  as  being  of  no  value  he  meant  by  it,  that  they 
were  of  no  value  unimproved.  According  to  the  evidence  before 
the  committee,  it  appeared  that  the  lands  were  situated  in  a 
swamp  and  that  there  was  no  settlement  in  the  neighborhood  ; 
that  the  location  was  desirable  as  the  termination  of  this  railroad, 
and  that  this  improvement  might  make  them  valuable.  AVhen 
this  bill  was  originally  introduced  it  proposed  to  make  the  grant 
to  the  railroad  company.  The  committee,  however,  were  not  dis- 
posed to  make  the  grant  to  the  company,  but  they  were  disposed 
to  make  the  grant  to  the  State  as  a  portion  of  the  land  the  State 
■was  rightfully  entitled  to,  and  inasmuch  as  other  Stales  had  re- 
ceived "similar  grants.  All  sovereignties  were  equal,  and  he  could 
not  conceive  how  it  could  be  just  and  proper  for  Ohio  and  Indiana 
to  receive  four  or  five  times  as  much  as  other'  States  of  the  Union 
out  of  the  public  domain.  It  seemed  to  him  that  if  the  govern- 
ment adopted  the  principle  of  making  grants  of  lands  lo  Stales, 
these  grants  should  be  equal.  It  was  not  proposed  that  the  go- 
vernment should  construct  works  of  internal  improvement,  it  was 
merely  proposed  to  make  a.  grant  to  the  State  to  aid  her  in  ma- 
king works  for  internal  improvement,  as  other  States  had  received 
similar  grants.  This  was  the  view  which  had  mfiuenced  the  com- 
mittee. 

•  Mr.  ATHERTON  moved  that  the  bill  be  laid  on  the  table  for 
the  present,  in  order  to  proceed  to  the  consideration  of  the  special 
order  of  the  day. 

The  question  was  taken,  and  on  a  division  was  decided  in  the  af- 
firmative.— Ayes  19 — Noes  12. 

MOTION  TO  RECONSIDER. 

Mr.  BAGBY  moved  to  reconsider  the  vote  of  the  Senate,  on 
Friday  last,  on  the  jiassage  of  a  bill  granting  a  pension  to  Patrick 
Walker. 

Ordered,  That  th«  consideration  of  the  motion  be  postponed 
until  to. morrow. 


March  27.] 


THE  LOAN  BILL, 


411 


THE    LOAN    BILL. 

The  Senate  resumed  the  consideration  of  the  bill  from  the 
House  of  Representatives,  to  authorize  a  loan  nut  to  exceed  the 
sum  of  sixteen  millions  of  dollars. 

Mr.  NILES. — There  seems  to  be  a  desire  to  hurry  this  bill 
through,  and  although  under  the  circumslances  I  have  no  disposi- 
tion to  delay  its  progress,  yet  I  do  not  know  that  I  shall  have  a 
more  fitting  occasion  to  say  something — as  I  desire  to  do — in  re- 
gard to  our  revenue  system,  and  in  regard  to  the  ]>resent  state  of 
our  finances.  I  shall  take  leave  therefore  to  present  to  the  Spnate, 
for  a  very  short  time,  some  considerations  on  these  subjects.  I 
am  very  well  aware,  sir.  that  this  is  at  best  but  a  dry  subject,  cor- 
sisting  of  details  and  figures,  and  that  I  can  hardly  expect  to  com- 
mand the  attention  of  thisHjody  to  any  thing  §hat  I  may  be  dis- 
posed to  suggest  ;  and  especially  at  a  time  when  the  whole  subject 
of  the  revenue  and  of  the  finances  of  the  country — in  time  of  war 
usually  considered  of  the  first  and  highest  importance— seems  to 
be  regarded  now,  and  to  have  been  regarded  at  the  last  session  of 
Congress,  as  deserving  of  no  attention  at  our  hands.  Sir,  my  honor- 
able friend,  the  chairman  of  the  Committee  on  Finance,  in  open- 
ing his  Treasury  budget  here  the  other  day,  introduced  his  re- 
marks by  observing  that  it  would  be  a  great  descent  to  come  down 
from  considering  the  state  of  those  countries  in  Europe  wliich  had 
be?n  brought  under  consideration,  with  their  new-born  and  rising 
liberty,  to  the  examination  of  the  state  of  our  finances.  Well.  I 
concur  with  ray  honorable  friend,  that  even  without  assuming  any 
unusual  elevation  of  thought  or  imagination,  but  standing  here  on 
the  footstool  of  the  Senate,  it  vtill,  I  apprehend,  be  something  of  a 
descent,  it  will  be  penetrating  into  a  place  of  obscurity,  if  not  drea- 
riness, to  look  into  the  present  state  of  our  finances.  At  the  same 
time,  sir,  I  think  it  is  a  duty  which  we  owe  to  the  country  to  do 
so,  and  although  this  body  has  no  power  to  originate  revenue  bills; 
yet  it  is  not  the  less  a  duty  which  it  owes  to  the  country  to  exam- 
ine into  the  state  of  the  revenue  and  see  whether  it  is  in  as  sound 
a  condition  as  it  onght  to  be  ;  and  if  we  find  it  not  sound,  to  look 
ahead  for  a  few  years  and  see  what  condition  it  may  be  in  at  the 
end  of  one  or  two  more  fiscal  years. 

In  regard  to  this  bill  I  shall  vote  for  it,  not  because  it  is  such  a 
bill  as  I  could  desire  to  vote  for,  but  because  it  is  the  best  I  can 
hope  to  obtain.  I  suppose  we  are  to  have  no  other.  And  now,  I 
■wish  to  enquire  of  the  honorable  Senator,  who  is  the  representa- 
tive of  the  Treasury  here,  whether  he  is  informed  that  any  other 
financial  measure  is  to  be  brought  before  the  Senate  ? 

Mr.  ATHERTON.— I  will  say  in  reply  to  the  Senator,  that  I 
do  not  know  of  any,  but  I  beg  him  to  recollect  that  as  far  as  re- 
gards the  original  revenue  bills  they  do  not  belong  to  the  Senate. 

Mr.  NILES. — 1  am  aware  that  it  is  not  the  province  of  the  Fi- 
nance Committee  of  this  body  to  bring  forward  revenue  measures; 
but  the  chairman  of  that  conunittee  is  supposed  to  know  the  wishes 
of  the  Treasury,  wboi'e,  latterly,  measures  of  revenue  seem  to  have 
their  origin,  and  my  inquiry  was  designed  to  obtain  information 
from  that  source  if  tlie  honorable  chairman  could  furnish  it.  I 
presume  then,  that  we  are  to  have  no  other  me.asiire  than  this,  and 
that  this  must  be  regarded  as  tlie  measure  of  tlw  session  for  sup- 
plying the  wants  of  the  Treasury.  This  is  a  bill  to  supply  the 
Treasury  by  a  loan,  and  we  are  to  have  no  other.  I  shall  vote  for 
it,  because  the  Treasury  must  be  provided  for.  and  I  have  no  rea- 
son to  believe  that  this  bill  will  more  than  supply  the  wants  of  the 
Treasury  ;  indeed  my  belief  is,  that  it  will  fall  short  of  furnishing 
enough  for  all  the  wants  of  the  Treasury. 

I  am  not  dispos^  to  ^o   over  the  whole  of  the  reports  and  esti- 
mates of  the  Treasury  Department,  for  I  think  probably  we  may 
have  reason  to  believe,  from  all  we  have  seen  of  them,  that  they 
are  not  entitled   to   the  utmost  confidence.     We  are  called  on  to 
pass  this  bill,  to  supply  the  deficiencies  of  the  treasury  for  the  pro- 
sent  fiscal  year — sixteen  millions  of  dollars  ;  twelve  millions  and  a 
half  that  are  actually  wanted  for  disbursements,  and  the  additional 
sum  as  a  convenient  surplus  to  facilitate  the  operations  of  the  trea- 
sury.    Well,  now,  sir,  I  have  not  forgotten  that  in  January  a  year 
ago  we  had  a  bill  before  us  for  a  loan,  or  the  issue  of  treasury  notes, 
to  the  amount  of  twenty-three  millions  of  dollars,  with  the  autho- 
rity to  renew  the  act  ol    the  previous  session  authorizing  the  issue 
of  treasury  notes  to  tjio  amount  of  five  millions;  and  we  were  then 
told  that  that  supply  would  meet  the  demands  of  the  treasury  for 
the  then  fiscal  year  and  for  the  present  fiscal  year,  carrying  on  the 
operations  of  the  government  until  the  first  ol'  July  next.     I  know 
it  was  said  then  by  some  gentlemen  that  they  apprehended  it  would 
be  found  insufficient;  but  such  was  the  estimate  from  the  treasury, 
such  was  the  view  presented  here,  and  under  this  view  the  bill  was 
passed.     We  are  now  told  that  twelve  millions  and  a  half  more  is 
wanted   to   complete  the  present  year,  showing  that  there  was  an 
error   :n    the  estimates  to  that  amount,  and  according  to  the  esti- 
mates made  at  the  commencement  of  the  present  session,  the  defi- 
ciency was  represented  to  be  about  eighteen  millions  of  dollars. — 
Afterwards  a  mistake  to  the  amount  of  nearly  seven  millions  was 
discovered,   from  which  it  was  claimed  that  the  treasury  was  to 
that     amount  in   a  better   condition  than  had  been  supposed  ;  but 
since  then    a  new  mistake  has  been  discovered  on  the  other  side, 
showing  that  the  treasury  is  not  in  so  good  a  condition  by  at  least 
a  mVWion  and  half,  as  it  was  supposed  to  bo  after  the  discovery  of 
the  first  mistake. 

Now,  sir,  these  large  errors  in  the  reports  from  the  department 
are  not  calculated  to  inspire  much  confidence  in  what  may  como 
from  the  treasury  on  this  subject.     But  it  is  not  my  purpose  m  ma- 


king an  examination  to  go  behind  the  reports  that  we  get  from  the 
treasury.  I  take  them  as  we  find  them,  and  I  shall  vote  for  this 
bill,  because  I  am  satisfied  that  the  amount  it  proposas  to  supply 
is  at  least  required.  The  only  question,  then,  that  can  be  made 
in  regard  to  this  bill,  it  be  ng  admitted  that  this  money  is  wanted, 
and  that  there  is  to  be  no  other  proposition  for  supplying  the  trea- 
sury in  a  different  form  by  increasing  our  revenue,  or  in  any  other 
way — the  only  question  that  can  remain,  is,  as  to  the  form  and 
mode  of  supplying  this  deficiency  by  way  of  loan  ;  whether  in  the 
form  proposed  by  this  bill  or  by  treasury  notes,  or  compounded  of 
the  two  forms,  as  was  the  character  of  the  bill  of  last  year.  I  did 
not  know  but  we  should  have  a  proposition  to  amend  this  bill,  by 
an  authority  to  issue  treasury  notes.  I  am  satisfied,  however,  with 
the  bill  as  it  is,  though  I  believe  the  commercial  community  will  he 
of  opinion  that  treasury  notes  would  be  more  favorable  to  the 
financial  condition  of  the  country — more  likely  to  promote  the 
commercial  and  financial  interests  of  the  country — still  I  am  not 
sure  but  a  direct  loan  is  on  the  whole  a  bettor  mode. 

Whilst  the  condition  of  our   revenue  is  by  no    means  such  as  it 
ought  to  be    in    my  judgment,    and    wholly  inadequate  to  the   de- 
mands of  the  treasury  in  time  of  war,  it  is  gratifying  to   perceive 
that  our  finances  in  a  more  limited  sense,  considered  independently 
of  the  state  of  our  revenue,  are,  and  have  been,  in  a  very  satisfac- 
tory  condition.      I    think   that    our    finances   in    this  view,  are, 
and  have  been  in  a  state  of  soundness,  that   is  unexampled  during 
a  period  of  war  in  this  country  or  in  any  other;  for  the  almost  ne- 
cessary operation  of  a  state  of  war  in  any   country,  is  to  derange 
its  currency,  and  more  or  less   to  effeet  iis  commercial    and  finan- 
cial interests  of  every  description.     This  has  generally  arisen  from 
the  unusual  use  of  its   credit   by  the   government    in  one  of   two 
forms,  and  sometimes  in  both.     Either  by  direct  use  of  the  credit 
of  the  government  in  the  form   of  treasury  notes,  exchequer  bills, 
or  whatever  they  may  be  called,  or  by  loans,  which  are  merely  the 
use  of  the  credit  of  banks,  or  paper  issued   in  some  form,  which  is 
not  money,  nor  the  real    representative    of  specie.     We  all  know 
very  well  that  during   the  last  war  with  Great  Britain  the  finan- 
cial operations  of  this  government  were    in  both  of  these  forms — 
that  treasury  notes  were  issued   to  a  very  large  amount — that  the 
loans  that  were   made  were   mere    loans  of  credit,  loans  made  of 
banks,  or  capitalists,   all   of  which  were   satisfied  by    bank  notes; 
and    those   notes    having    a    great  depreciation   in   value   at    the 
time.     These  measures,    sir,    were    productive   of  a  great  loss  to 
the  "oyernment,  in  its  direct    operations  by   receiving  as    money 
depreciated     paper,    and     indirectly    by    inflating    the     curren- 
cy,   and    increasing   the    value    of    everything    which    the    gov- 
ernment  had    to    purchase     during    a    state    of   war,    so    that 
during  the  whole  of  the  war  the  value  received  for  the  loans  made 
by  the  government,  though  nominally  eighty  per  cent.,  were  proba- 
b'lv  not^over  fifty  per  cent.     But    we   have  experienced  during  the 
present  war  nothing  of  this;  we  have  been  able  to  negotiate  loans 
at  par,  and  have,  of  course,  received  full  value  ;  and  by  not  inter- 
fering with   the  paper    currency  of  the    country  m  any  form,  wc 
have'avoided  any  dangerous  or  pernicious  inflation  of  the  currency. 
And  these  results,  permit  me   to   say,    arc   mainly  attributable  to 
one  great  measure,   which  I    feel    proud,    sir,  in  having  had  some 
littliTagenoy  after  a  long  struggle  in    getting  through   this   body, 
that  is  to   say,  the  independent  trea.sury  law.     I  believe  that    law, 
sir,  has  had   a  most   salutary   effeet   every   way,    both    upon   the 
finances  of  the  government,  the  finances  of   the  country,  and  upon 
the  commerce  of  the  country.     It    has   been  tested    at  a  very  im- 
portant period,  a  period    of 'war,  when  this   government  has  been 
called  upon  to  collect  and  disburse  sixty  millions  of  dollars  a  year,     . 
and  all  this  has  been    conducted    by  bringing    into    operation    the 
specie  principle  without  disturbing  even  in   a  moderate  degree  the 
currency  of  the  country.     I  should  like  to  know  how  any  measure 
could  be   more  fully,    more   satisfactorily   tested    than   this  great 
measure  has  been  during  the  past  two  years?     And  suppose  these 
sixty  millions  had  gone  into  your  banks  what  would  have  been  the 
inevitable  consequence  to   all   our    interests — to   the    government 
directly — to  the  commercial  interests  of  the    country;    and  above 
all    sir,  permit  me  to  say  to  the  manufacturing  interests.     I  avow 
myself  the  friend  of  that  interest,  yet  not  more  than  others.     This 
law  has  proved  a  great   conservative  principle,  for  though  it  may 
not  be  sufficient,  with  a  very  defective  .system  of  revenue  "to  sustain 
that  interest  ;  still  it  has  done  much  towards  maintaining  it  in  that 
state  of  prosperity  which  it  has  e.^perieneed  for  the  last  two  years. 
If  we   had    received    and    disbursed    paper,    what    would    have 
been   the  necessary — the  inevitable  result?     It   would   have  been 
that  the  whole  revenue,  part  of  it  in   specie,  and  the  twenty-two 
millions  of  specie  imported,  would  have  gone  into   the    banks,  and 
it  would  have  been  substituted  in  circulation  by  the   paper  of  the 
banks,  the  result  of  which  must  have  been  an  inflation  of  the  whole 
currency  of  the  country,  probably  to  the  extent   of  fifty   per  cent 
at  least.     This  we  all  know.     li  is  not  a  state  of  things  to  which 
the  country  is  a  stranger.     We  know  the  consequence  would  have 
been  to  have  given  an  artificial  value  to  everything,  and  that  the 
financial  result  would  have  been   distress  in  the  highest  degree, 
and  all  the  evils  and  sacrifices  of  a  depreciated  currency   and  ru- 
inous speculation.   And  on  the  return  of  peace  under  circumstances 
like  these — always  hailed  with  joy — always  looked  forward  to   by 
the  commercial  classes,  as  a  point  of  new  departure — as  the   com- 
mencement of  new  and  more  active  enterprises  in  business — would 
have  been  found  a  period  of  a  terrible  reaction;  and  the  high  state 
of  prices  to  which  everything  had  been  carried  would  have  had  to 
come  down,  bringing  with  it  ruinous  sacrifices.      Instead  of  that 
happy  period  wluch  the  country  would  have  a  right  to  expect  on 


412 


THE  LOAN  BILL. 


[Monday, 


the  return  of  peace,  there  would  have  been  a  long  ordeal  of  two 
years  at  least,  to  be  passed  belore  the  commerce  of  the  country 
would  have  resumed  a  healthful  state.  The  elTects  of  this  period 
of  excitement  during  the  war,  on  the  one  hand,  and  the  depression 
after  its  close,  on  the  other,  we  have  avoided  by  the  adoption  of 
the  j;reat  principle  of  separating  the  funds  of  tlie  troveinment  from 
those  of  the  banks,  and  by  restricting  our  transactions,  both  as  re- 
gards the  receipts  and  the  disbursements  of  tiie  finances  of  the  go- 
vernment to  specie.  I  know  my  friends  over  the  way  have  coii- 
demned  this  measnre  very  strenuously.  It  has  been  made,  as  is 
almost  every  other,  a  party  measure;  and  if  they  could  get  into 
power,  I  am  very  apprehensive  that  they  would,  as  they  did  on  a 
former  occasion,  repeal  the  law,  without  being  able  to  substitute 
any  other  in  its  place,  and  thus  revive  the  deposit  system.  If  I 
supposed  they  would  regard  anything  that  I  might  say,  I  would 
warn  them  against  a  course  like  this — against  doing  so  foolish  a 
thiniT.  I  woidd  warn  them  airainst  disregarding  the  resulisof  the 
experience  which  we  liave  had  upon  this  subject.  I  would  warn 
them  acainst  reviving  a  disastrous  connection  between  the  trea- 
sury anS  the  bankinff  system  of  this  country — bad  enough  at  best, 
defective  enough  in  anv  view— but  rendered  infinitely  more  so  by 
its  connection  with  the  financial  affairs  of  the  government.  Even 
Mr  Biddic,  who  is  good  authority  with  the  other  side  of  the 
chamber,  after  his  large  experience,  said  tliat  the  breaking  up  of 
this  coimcction  was  a  sood  thing  both  for  the  country  and  the 
banks,  for  that  the  connection  had  always  been  injurious  to  both. 

Althousih  I  think  that  our  finances  are  sound  at  this  time,  and 
that  the  affairs  of  the  treasury  are  going  along  very  well,  that  it 
is  enabled  to  perform  all  its  necessary  functions;  at  the  same  time, 
I  must  say,  that  I  think  it  is  a  short  sighted  and  unwise  policy,  to 
CTo  on  as  we  have  done,  depending  for  all  the  extraordinary  de- 
mands of  the  treasury,  on  a  system  of  loans.  I  consider  this  as 
being  a  mistaken  policy;  certainly  it  is  a  new  policy,  new  in  this 
countiT,  now  I  believe,  in  every  other.  It  necessarily  results  in 
creatiti"  a  large  public  debt;  and  what  will  be  the  amount  of  that 
debt,  when  this  war  shall  be  brought  to  a  close,  is  a  question  which 
I  believe  is  involved  in  some  obscurity  at  present.  Still  we  are  all 
aware  that  the  whole  amount  of  the  expenses  of  the  war,  have 
gone  to  swell  the  amount  of  the  debt,  as  the  revenue  has  hardly 
been  equal  to  the  ordinary  demands  upon  the  treasury.  We  have 
provided  no  revenue  for  the  war;  no  war  taxes,  or  revenue  of  any 
kind.  I  believe  it  is  not  claimed  in  any  quarter  that  we  have. 
We  have  made  no  provision  for  the  extraordinary  expenses  of  the 
war.  We  have  a  revenue  from  customs  and  public  lands.  Our 
revenue  from  customs  has  not  been  increased  v\'ith  a  view  to  pro- 
vide for  the  expenses  of  the  war,  but  on  the  contrary,  the  law  was 
modified  after  the  commencement  of  the  war,  as  I  supposed  at  the 
time,  and  and  as  was  generally  believed,  with  a  view  to  a  reduc- 
tion of  revenue.  I  know  it  has  since  been  claimed,  that  the  new 
system  has  increased  the  revenue,  that  we  get  more  revenue  under 
the  present  law,  than  we  did  under  the  act  of  1842.  I  think  the 
fact  is  not  so,  sir,  but  however  this  may  be,  if  it  is  a  consequence, 
it  certainly  was  not  the  design  or  purpose  at  the  time.  It  was  in- 
troduced and  carried  through  Congress,  as  a  measure  for  reducing 
duties,  and  thus  lighteniiii;  the  burthen  upon  commerce,  and  upon 
the  country.  Well,  sir,  I  did  not  concur  in  that  measure.  I  did 
not  concur  in  it  even  as  a  measure  adapted  to  the  condition  of  the 
country  in  time  of  peace.  I  believed  it  was  a  measure  not  the 
best  calculated,  not  the  most  efficient  for  revenue;  and  though 
many,  perhaps  a  great  portion  of  the  people,  have  been  taught  to 
believe  that  it  has  proved  itself  to  be  a  most  efficient  revenue  mea- 
sure, stdl  I  am  of  the  same  opinion  as  I  was  at  that  time,  that  the 
measure  is  hardly  sufficient  (or  the  wants  of  the  treasury,  even  in 
time  of  peace;  of  course  it  was  altogether  insufficient  for  a  state 
of  war,  and  has  forced  upon  us  the  necessity  of  providing  for  the 
extraordinary  expenses  of  the  war  by  loans. 

Mr.  President,  before  looking  into  the  present  state  of  the  finan- 
ces, I  have  a  few  remarks  to  make  in  relation  to  our  revenue  sys- 
tem for  some  years  back.  I  believe  that  the  country  has  been  under 
a  very  great  mistake,  in  regard  to  the  efiiciency  of  our  revenue 
system,  lor  a  long  series  of  years.  I  remember  when  we  were 
troubled  very  much  with  a  surplus  revenue,  when  we  had,  as  was 
supposed,  so  much  that  we  did  not  know  wliat  to  do  with  it.  I 
veeollect  very  well  at  that  time,  that  the  honoral)le  Senator  from 
Missouri,  told  us  that  we  had  no  surplus.  I  thouijlil  differently,  and 
I  voted  with  the  m.ajority.  We  had  an  actual  surplus;  still  that 
surplus  was,  as  the  result  proved,  a  mere  anticijiation  of  the  revenue 
of  future  years,  and  experience  has  proved  that  the  Senator  from 
Missouri  was  correct,  that  wc  had  no  surplus,  because  to  judge  of 
the  cffioiency  of  your  revenue  system,  you  must  not  take  a  single  year, 
but  a  scries  of  years,  and  if  during  that  .series  you  find  a  surplus, 
you  will  establish  a  fact  to  act  upon,  when  you  proceed  to  provide 
such  a  state  of  things.  I  find  on  lookiniT  back  to  1833,  when  the  sys- 
tem of  reduction  commenced,  and  tracing  it  down  to  1S42,  a  period 
often  years,  there  was  an  actual  deficiency  of  revenue  frtun  customs, 
takim  in  connection  with  the  ordinary  land  revenue,  of  about  fiflv 
millions  of  dollars.  This  was  at  the  very  period  when  Congress  was 
disposing  of  a  surplus  revenue,  and  such  has  been  the  irregular  action 
of  our  revenue  system.  The  revenue  from  customs  durinij  the  pe- 
riod to  which  I  have  alluded  averaged  about  fifteen  millions  and  a 
half,  while  the  ex]icnses  of  the  government  were  not  less  than 
from  twenty-three  to  twenty-four  millions.  If  you  add  then  to  the 
revenue  from  customs,  the  only  remaining  revenue,  which  is  that 
from  public  lands,  say  two  millions  and  a  half  a  year,  you  have  a 
total  revenue  of  eighteen  millions,  with  an  average  expenditure  of 
between  twenty-three  or  twentj-four  millions  annually — making  a 


deficiency  in  the  course  of  the  ten  years  of  more  than  fifty  millions. 
This  deficiency  was  provided  for,  in  the  first  place  by  the  very  ex- 
traordinary speculations  which  took  place  in  the  public  lands  swel- 
ling the  revenue  from  that  source,  in  three  years,  1835,  '36,  and 
'37,  to  nearly  fifty  millions  of  doU.ars.  Twenty-eight  millions  of 
this  was  distributed  among  the  States,  leaving,  however,  a  large 
surplus  in  the  Treasury.  But.  in  addition  to  this,  we  had  at  that 
time  a  large  fund,  the  result  of  former  revenues  in  the  stock  of  the 
bank  of  the  United  States  to  the  amount  of  seven  millions  and  a 
half.  In  addition  to  these  extensive  sources  of  supply,  we  had  to 
issue  Treasury  notes  during  the  administration  of  Mr.  Van  Buren, 
leaving  at  the  close  of  this  administration  about  six  millions  out- 
standing, and  the  .administration  coming  in  immediately  after  find- 
ing the  finances  in^a  low  state  was  obliged  to  have  recourse  to 
loans  immediately — thus  increasing  the  public  debt — until  in  1842, 
before  the  act  of  that  year  went  into  operation. to  about  twentythree 
millions.  These  facts  being  so,  it  is  very  evident  that  we  have  had 
a  deficient  revenue  from  customs  for  a  long  period  of  time.  During 
the  three  years  which  followed  thp  passage  of  the  act  of  1842,  the 
revenue  was  something  more  than  the  expenditures  of  the  govern- 
ment, making  a  reduction  of  the  public  debt,  and  leaving  at  the 
commencement  of  the  war  a  debt  of  about  seventeen  millions. 

During  this  long  period  we  see  that  so  deficient  has  been  our 
revenue  from  customs,  that  we  have  been  obliged  to  contract  debts 
in  time  of  peace,  to  expend  the  revenues  which  had  been  accumu- 
lated in  former  years,  all  the  extraordinary  revenues  from  public 
lands,  and  yet  leaving  us  in  debt  at  the  commencement  of  this  war, 
to  the  amount  of  seventeen  millions. 

There  is  no  country  in  the  world  that  has  more  ample  and  reli- 
able sources  of  revenue  than  the  United  States,  and  still,  sir,  there 
are  perhaps  few  in  which  the  revenue  has  been  more  unstable,  has 
fluctuated  more — at  times  being  suffered  to  be  more  than  sufficient, 
and  at  others,  for  a  long  period  of  years,  greatly  below  the  wants 
of  the  Treasury.  This,  sir,  has  been  owing  to  the  instability  of 
our  legislation.  The  Treasury  may  be  compared  with  a  patient, 
who  woidd  be  well  enough  if  his  kind  friends  would  let  him  alone; 
who  has  naturally  a  good  constitution  and  good  health,  but  whom, 
his  kind  friends  persuade,  that  he  is  always  in  a  very  dangerous 
situation;  that  he  is  actually  in  a  stale  of  disease,  or  that  there 
is  a  redundancy  in  the  system — a  surplus  of  health — and  that  he  is 
threatened  with  apoplexy  or  some  shock  that  will  suddenly  take 
him  ofl",  notwithstanding  he  is  in  perfect  health;  and  that  he  must 
have  medical  assistance.  But  he  is  not  only  under  the  necessity  of 
calling  in  professional  assistance  at  all  times,  but  the  kind  of  practice 
which  is  applied  to  the  case,  has  undergone  such  violent  changes,  as 
has  produced  very  severe  shocks  upon  the  system.  For  many  years 
he  was  under  the  care  of  what  might  be  called  the  stimulating  school 
of  the  profession.  They  gave  him  drntrs,  bark,  wine  and  brandy; 
but  when  he  arrived  at  a  high  state  of  health  apparently,  it  was 
said  he  was  in  great  danger  of  an  attack  of  apoplexy,  and  a  new 
course  of  treatment  must  be  introduced.  The  patient  must  be 
reduced;  depletion  must  be  resorted  to.  Well,  this  system  was 
commenced,  and  alter  going  on  with  it  for  about  ten  years,  then 
it  was  changed;  and  a  stimulatins  practice  atrain  adopted.  And 
what  is  remarkable,  the  same  distinguished  physician  who  had 
prescribed  the  stimulating  remedies,  suddenly  changed  his  course, 
and  recommended  the  reducing  practice,  and  followed  it  for  about 
ten  years.  Well,  after  a  time — in  about  three  j'ears  or  so — the 
patient  was  fast  improving,  but  a  new  set  of  physicians  were  called 
in — for  this  patient  had  a  great  many  friends,  and  they  were  all 
anxious  about  him — -they  said  that  the  stimulating  practice  would 
not  do,  and  that  it  would  be  necessary  to  go  back  to  the  reducing 
practice.  They  put  the  patient  upon  this  new  system,  and  he  is 
there  now.  This  system,  when  carried  into  extremes,  I  think 
may  be  called  the  homcEpalhic  practice;  but  that  system,  however 
valuable  in  medicine,  I  think  does  not  succeed  in  financial  matters. 
The  principle  of  that  practice,  I  believe  is  expressed  by  the 
phrase — 

"  Stniilia  similibiiscurantQr ;" 
which  being  freely  translated  means,  "  the  hair  of  the  same  dog 
will  cure."  That  may  do  in  medicine,  but  it  will  not  do  in  finance; 
for  if  j-ou  apply  it  to  finance,  it  must  be  in  this  way:  whatever 
creates  a  disease,  will  serve  to  remove  it,  and  hence  the  remedy 
for  a  public  debt  will  be  to  increise  the  debt;  the  remedy  for  public 
burdens  will  be  to  increase  them;  and  the  way  to  pay  off  one  loan 
will  be  to  create  another. 

The  method  for  paying  off  one  debt  will  be  to  create  a  now 
debt.  Now,  there  is  another  principle  in  this  system  which  is  called 
the  jirinciple  of  attenuation,  which  is,  as  I  understand  it,  that  the 
less  creates  the  greater  power;  the  less  the  substance  the  greater 
the  efficacy;  the  less  the  cause  the  greater  the  eficct.  This  may 
do  very  well  in  medicine,  but  I  do  not  think  it  will  work  in  finance. 
1  am  not  one  of  those  who  believe  that  the  way  to  meet  increased 
demands  upon  the  treasury  is  to  reduce  your  revenue;  nor  do  I  be- 
lieve that  the  way  to  increase  3-our  revenue  is  to  reduce  the  du- 
ties. I  bclicvo  you  may  attenuate  a  little  too  far.  I  am  not  in 
favor  of  extreme  measures  in  revenue,  or  in  anything  else.  I  be- 
lieve that  the  irntb  lies  between  extremes.] 

I  have  to  call  the  attention  of  the  Senate,  after  these  introduc- 
tory remarks,  to  a  few  statistics,  showing  the  present  state  of  our 
finances.  I  think  that  the  statement  of  the  Senator  from  New 
Hampshire,  connected  as  it  was  with  loans  and  treasury  notes,  re- 
imbursed and  re-issued,  is  calculated  to  confuse  and  embarrass 
very  much.  I  wish  to  look  at  the  subject  independently  of  every 
thing  of  that  kind.  I  wish  to  look  at  two  simple  ideas,  that  is  to 
say.  the  income  or  revenue  of  the  country,  and  the  expenditures  of 


March  27.] 


THE  LOAN  BILL. 


413 


expend 
year. 


$29,499,347 
28,031.114 


the  country.  These  two  statements  will  show  what  our  condition 
is  for  whenever  expenditures  have  exceeded  the  income,  there 
must  necessarily  be  a  debt  in  some  form.  Sir,  there  is  no  avoiding 
this  conclusion.  I  shall  look  back,  then,  to  the  operation  of  our 
revenue  system  for  a  few  years,  commencing  with  the  year  ending 
June,  '45,  when  the  revenue  was  $29,769,133,  and  the  expenditures 
were'f29,966,206.  We  have  no  certain  knowledge,  I  believe,  from 
the  reports  from  the  Treasury  Department,  of  the  actual  expenses 
of  any  given  year.  What  are  reported  as  the  expenditures,  are 
the  disbursements  of  the  year,  and  the  disbursements  of  the  year 
may  vary  very  much  from  the  aetnal  expenditures.  The  ex- 
penditures of  the  last  quarter,  or  a  considerable  portion  of  them, 
are  not  paid  until  the  tirst  quarter  of  the  next  year  and  part  of  the 

lenditures  of   one  year  go  into    the  disbursements  of  the  next 
In  ordinary  times,  this  may  make  no  great   dill'eience;  but 
it  is  evident,  that' the  difference  may  be  very  material,  when  there 
is  a  change  from  peace  to  war. 

In  the  expenditures  of  the  year  1845  are  included,  for  the  redemp- 
tion of  treasury  notes  and  the  loan  of  1841  and  '43  the  sum  of 
y7,527,137,  which  leaves  the  actual  disbursements  for  current  ex- 
penditures $22,430,069.  This  is  considerably  less  than  the  expen- 
diture for  preceding  years,  and  it  is  quite  possible  that  there  is 
some  error  in  the  statement  connected  with  the  issuing  and  the 
redemption  of  treasury  notes,  as  such  errors  we  see  have  occurred 
the  past  year.  In  the  year  ending  the  30th  June,  1846,  the  trea- 
sury report  is  as  follows  : 

Total  rt'ueipts.         ....••• 
Total  expenditures,  ....-- 

In  the  expenditures  of  this  year  are  included  $365,095  for  the 
redemption  of  loans  and  treasury  notes,  making  the  actual  expen- 
ditures for  current  liabilities  $27,646,032.  The  breaking  out  of 
the  Mexican  war,  near  the  close  of  this  year,  contributed  to  swell 
the  expenditures  perhaps  several  millions,  although  the  war  was 
not  declared  but  little  more  than  one  month  before  the  close  of 
the  fiscal  year. 

In  the  year  ending  June  30,  1847,  the  receipts  and  expenditures 
were — ■ 

Total  receipts ^r^'-'r'-;;!; 

Total  expeiulitures,  .......       oJ,4Dl,li7 

Of  this  sum  there  was  included  for  the  redemption  of  treasury 
notes  and  loans  $2,372,398,  leaving  the  actual  expenditures  of  the 
year  $57,078,879,  from  which  deduct  the  receipts  of  the  year  ami 
we  find  that  the  excess  of  expenditure  is  $30,732,143.  This  is 
the  result  of  the  first  year  of  the  war,  according  to  the  reports 
from  the  Treasury  Department.  The  revenue  was  nearly  four 
millions  less  than  had  been  estimated  the  year  before,  and  the  ex- 
penditures some  two  or  three  millions  more. 

I  now  come  to  the  present  fiscal  year.  The  expenditures  for 
this  year  were  estimated  in  the  Treasury  report,  at  the  commence- 
ment of  the  last  session  of  Congress,  at  about  forty-five  millions. 
By  the  report  of  December  last  they  are  estimated  at  $58,615,660, 
of  which  $16,469,194  were  for  the  first  quarter,  which  had  been 
settled  at  the  treasury.  Since  that  report  there  has  been  an  addi- 
tional estimate  of  deficiencies  to  the  amount  of  four  millions,  ma- 
king the  whole  estimates  for  the  year  $62,615,660.  If  the  three 
lasiquarters  should,  on  an  average,  equal  the  first  already  ascer- 
tained, the  expenditures  will  amount  to  the  sum  of  $65,874,656. 
The  receipts  of  the  year  are  estimated  : 


hibit  a  statement  to  show  what  will  be  the  whole  public  debt  on 
the  first  of  July  next,  provided  the  treaty  of  peace  with  Mexico 
shall  be  ratified  : 


For  Customs, 
Public  Lands, 
MiscellaneoDs, 


Deficiencies  for  the  two  veaR  of  the  war     .... 
Debt  existing  at  the  commencement  of  the  war      . 
Outstanding  claims  glowing  out  of  the  war.  estimated  at 
Soldiersscri'pt  and  land  warrants,  estimated  at 
To  he  expended  under  the  treaty     ..... 

Total  ........ 

Deduct  for  the  balance  in  llie  Treasury,   July   1,    1846,   which  was 
9  KM  0(10   leaving  in  the  Treasury  as  necessary  to  ili  aclion  2,100,000 


.  $58,447,803 

.     17,000,000 

5,000,000 

5,000,000 

.    20.000,000 

$105,447,803 

7.000,000 


$98,447,803 

The  result.  I  fear,  will  not  be  so  favorable  as  this  by  several 
millions.  The  public  debt  at  the  end  of  the  present  fiscal  year 
can  hardly  be  less  than  one  hundred  millions.  And  should  the 
war  continue,  it  must  be  much  more.  So  far  as  this  statement 
depends  on  estimates,  I  apprehend  that  the  revenue  is  over-stated, 
and  the  expenditures  and  unliquidated  liabilities  under-estimated. 
The  revenue  for  the  present  year,  I  think,  is  over-estimated,  but 
not  to  the  extent  stated  by  the  Senator  from  Vermont,  [Mr. 
Phelps.]  who  supposed  it  would  fall  short  seven  millions. 

Mr.  President.  I  wish  now  to  call  the  attention  of  the  Senate 
to  the  next  fiscal  vcar  ending  on  the  fiist  of  July,  1849:  This 
would  be  the  first  year  after  the  peace,  should  we  get  peace,  and 
it  is  important  to  see  what  our  financial  condition  will  then  he 
under  our  present  revenue  system.  The  Secretary  of  the  Trea- 
sury has  estimated  the  revenue  of  that  year  at  over  thirty-five  mil. 
lions,  thirty-two  of  it  being  for  customs.  But  this  estimate  is  in 
my  judgment  altogether  too  high.  It  is  founded  upon  the  assump- 
tion that  our  exports  and  imports  were  to  continue  to  increase  ; 
whereas  the  exports  have  for  the  last  six  months  fallen  offlargely, 
probably  more  than  twenty  millions  compared  with  the  corres- 
ponding period  of  last  year.  This  must  be  followed  by  a  rapid 
decline  of  the  importations  which  has  already  commenced.  As 
the  cround  on  which  his  estimate  was  made  has  failed,  the  esti- 
mate must  fail  with  it. 

I  assume  for  the  receipts  for  the  next  fiscal  year,  the  revenue 
of  the  last  year,  which  was  a  prosperous  one  for  our  trade  ;  more 
so  than  we  have  any  reason  to  expect  the  coming  year.  I  then 
a.'isume  as  the  basis  of  the  expenditure  that  of  the  year  ending  in 
June  1846,  the  last  year  prettfding  the  war  : 
Estimated  amount  for  the  year  ending  June  30,  1840.  $2(j.34ti.7:ili 

Estimated  expenditure  on  the  basis  of  the  year  1830,  .  .  37.(i66.032 

Add  for  adilitional  interest  on  public  debt,  .  r        .  .  5.000,000 


i53i.non,0CD 
3,.''>i)0.ono 

400.000 


Total,        ........     $34,900,0911 

Whether  these  estimates  will  be  sustained  I  am  not  prepared  to 
say.  I  am  not  disposed  to  go  into  that  question,  it  is  a  very  large 
sum,  however,  for  us  to  receive  in  any  condition  of  our  financial 
system.  We  have  never  at  any  period  received  as  nett  revenue  a 
sum  equal  to  this,  even  in  the  most  excited  and  inflated  state  of 
our  trade.  I  am  inclined  to  think  that  the  estimate  is  two  millions 
too  high;  the  revenue  from  customs  may  possibly  amount  to  twenty- 
nine  millions.  1  think  that  the  land  revenue  is  estimated  too  high 
because  it  is  a  million  beyond  the  usual  revenue  iVom  that  source, 
though  there  may  be  more  land  thrown  into  the  market  still 
there  are  drawbacks  from  the  soldiers'  scrip  and  land  warrants.  In 
regard  to  the  expenditures  I  cannot  speak  with  confidence,  hut 
where  the  expenditure  is  so  large  the  estimates  would  he  more  likely 
to  be  below  than  above  the  mark.  I  am  inclined  to  think,  therefore, 
that  the  result  this  year  will  vi.ry  from  these  estimates  some  five 
or  six  millions,  taking  the  excess  of  estimated  revenue  and  the  in- 
crease of  expenditures. 

Well,  sir,  taking  it  as  it  is,  it  leaves  us  at  the  end  of  the  present 
fiscal  year  with  a  deficiency  incurred  in  two  years,  of  fifty-eight 
million  and  a  half  of  dollars. 

I  have  estimated  the  outstanding  war  claims  at  five  millions, 
the  land  bounties  excluded,  which  will  make  five  millions  more, 
and  the  expenses  under  the  treaty  at  twenty  millions  which  will 
make  altogether  ninety-eight  millions. 

Deduct  the  receipts,  $34,900,000,  from  the  estimated  expendi- 
ture of  62,615,660,  and  the   deficiency  is  found  to  be  $27,715,660. 


330.732,143 
27,715,1)00 


Deficiency  for  the  year  ending  June  30,  1847, 
Deficiency  for  the  year  ending  June  30,  1848, 

Total  for  the  two  yeai?  ......  §58,447,803 

This  Statement  shows  the  actual  deficiency  for  the  two  years  of 
the  war,  leaving  the  receipts  for  Treasury  notes  and  loans,  and 
the  disbursemeut  on  that  account  out  of  the  calculation.     I  now  ex- 


Total '^SC.'',£ 

Deduct  revenue 2(i.31().732 

D..ficicncy .*B.319.29li 

It  is  true,  as  I  have  already  stated,  that  the  expenditures  of  that 
year  embrace  two  or  three  millions  growing  out  of  the  war,  yet 
we  can  hardly  hope  to  reduce  our  expenditures,  next  year  or  prob- 
ably any  year  after  the  termination  of  the  war.  below  this  esti- 
mate as  long  as  the  public  debt  remains.  The  war  must  necessa- 
rily leave  us  with  increased  expenditures  which  we  cannot  get  rid 
of.  To  what  point  will  the  army  be  reduced  with  our  extended 
frontier?  It  must  he  "reatly  above  the  former  peace  establish- 
ment. The  navy  is  also  increased,  the  pension  list  greatly  ex- 
tended, and  almost  every  branch  of  expenditure  considerably  en- 
larged. If  there  is  any  correctness  in  this  statement,  there  must 
be  a  deficiency  the  next  fiscal  year  of  more  than  six  millions,  and 
it  may  reach  ten  millions. 

Now,  the  groat  question  is,  what  is  to  be  done  in  future  ?  We 
rret  through  the  present  period  very  well,  but  what  is  to  be  done 
m  fnluref  And  I  think  this  is  a  question  which  deserves  the  .se- 
rious consideration  of  Congress  and  the  country.  What  are  we  to 
do  if  we  get  peace  ?  _  We  are  looking  and  hoping  for  peace,  while 
here  we  are,  upon  the  verge  of  its  attainment  with  a  public  debt 
of  ninety-eight  millions  of  dollars,  or  it  may  be  called  a  hundred. 
Now  the  question  is,  whether  our  condition  is  such  that  we  can  in 
safety  go  on  as  we  have  been  going;  if  we  can,  then  it  may  be  all 
very  well.  Our  extraordinary  expenditures  will  be  stopped  and 
we  should  know  how  to  provide,  for  the  new  peace  establishment, 
somewhat  augmented,  certainly  by  the  necessity  of  paying  the 
interest  uponlhe  public  debt.  This  is  a  very  grave  question, 
and  in  my  humble  judgment  no  time  should  be  lost  in  looking  at  it. 
We  should  look  it  full  in  the  face,  and  with  the  courage  and  de- 
termination which  is  always  necessary  in  eases  of  this  kind  ;  we 
should  set  about  providing  for  it  immediately.  What  will  be  our 
condition  at  the  end  of  the  next  fiscal  year  ?  What  can  we  expect 
to  receive  from  customs  ?  and  what  from  public  lands  ?  Can  we 
hope  to  do  better  than  the  resi31t  of  the  last  fiscal  year  ? — that  is  to 
say,  the  year  ending  30th  June  last  ?  I  know  that  the  Secretary 
of  the  Treasury  looks  for  results  far  more  favorable.  He  has  some 
idea — though  it  is  one  in  which  I  cannot  concur— that  in  a  state  of 
excited  and  extraordinary  trade  the  amount  received  for  customs 
is  not  to  be  regarded  as  an  extraordinary  revenue,  but  as  a  start- 
ing point,  and'that  we  are  to  go  on  increasing  our  trade:  taking 
the  flood-tide  of  our  commerce  and  revenue,  we  are  to  go  on  from 
that  point  increasing  from  year  to  year.  But  this  is  contrary  to 
all  experience  in  this  country,  and,  indeed,  it  is  contrary  to  abso- 
lute truth,  because  this  extraordinary  state  of  trade,  this  unusual 
amount  of  importations,  going  beyond  the  ability  of  the  country, 
in  some  degree,  and  bevond  its  exports,  which  is  its  ability  to  pay, 
must  unavoidably  be  followed  by  a  reaction  and  a  falling  off  ol  im- 
portation, and  consequently  of  revenue. 


414 


THE  LOAN  BILL. 


[Monday, 


From  these  facts  it  necessarily  follows,  that  instead  of  going  on 
in  a  corresponding  ratio  of  increase,  you  have  got  to  descend  in 
subsequent  years.  It  is  true,  that  during  the  last  fiscal  year  the 
balance  of  trade  was  in  our  favor,  but  how  is  it  at  this  time  ?  Our 
difficulties  do  not  arise  out  of  the  last  fiscal  year,  but  out  of  the 
present.  And  this  large  revenue  of — say  twenty-nine  millions — 
the  present  year  is,  in  part  the  returns  from  the  exports  of  last  year, 
and  in  part  is  creating  a  balance  against  us.  Is  it  not  an  antici- 
pation of  a  part  of  the  revenue  of  subsequent  years  ?  Is  it  not 
founded  in  part  on  an  excess  of  importations  beyond  the  amount  of 
your  exports  ?  If  so,  does  it  not  follow  as  a  necessary  consequence, 
that  instead  of  this  increase  continuing,  there  must  be  a  falling  ofl^? 
because  your  exports  ol"  the  subsequent  year  must  go  to  pay  for 
the  imports  of  the  preceding  year.  Take  the  last  year,  which  was 
a  year  remarkable  for  its  import  and  export  trade,  and  for  unusual 
commercial  prosperity,  and  more  than  ordinarily  free  from  a  spirit 
of  speculation.  I  was  prepared  to  expect  a  very  large  increase  in 
the  importations  of  the  year,  but  large  as  the  importations  were, 
they  were  less  than  I  expected,  considering  the  amount  of  our  ex- 
ports, and  the  result  is  creditable  to  the  sagacity  and  judgment  of 
our  merchants. 

Now,  this  is  an  unfavorable  state  of  things.  Unfavorable  at 
least  upon  the  revenue  of  next  year.  This  balance  must  be  paid, 
and  it  must  be  paid  out  of  the  revenue  of  the  next  year.  I  have 
a  document  here  which  will  show  the  condition  of  our  exports  for 
the  last  six  montlis,  and  for  a  corresponding  period  last  year.  It 
was  received  from  a  commercial  friend  in  New  York. 

Statement  of  the  eiports  of  brea'tstuffs  from  thix  eountn/  to  Oreat    liritain,  ft-oiit 
September  I,  1847,  to  March  4,  18-Ii: 

Flonr,  bbls.     Meal,  l)bl8.     Wlieat.bush.     Corn,  busli. 


From  New  York 

New  Orleans  to  Feb.  M 

Pbiladelpbia  . 

Baltimore 

Boston 

Other  ports  to  Feb.  20 

Total 

The  exports  for  the  same  pe- 
riod a  year  ago,  were 


137.082 
I3,.W4 

770 
504 


Decrease 


1,105,431 


30,913 

20,(150 

19,(i39 

1,796 

3,100 


70,104 


173,748 


177,934 
33.193 


l,273,a92 
1,0  68,743 


751 
32' 
70, 

88, 
77, 
21, 


,170 

149 
478 
494 
184 


I  have  computed  the  value  of  tli^e  exports  for  cash  period  in 
New  York,  assuming  for  last  years  prices,  $8  50  for  flour  ;  $2  25 
for  wheat;  $5  50  for  meal  ;  and  $1  12:5  for  corn  ;  and  for  the  last 
period  the  piices  ruling  at  the  present  time.  The  total  value  of 
the  exports  for  the  first  period  exceeds  22,000,000,  and  those  of 
the  last  period  a  little  more  than  2,000,000,  showing  a  difference 
of  over  20.000.000  of  dollars.  The  freights  for  the  first  period 
exceeds  three  millions  of  dollars,  and  for  the  last  are  less  than  two 
hundred  thousand,  so  that  the  loss  on  the  freights,  had  it  all  gone 
to  American  citizens,  exceeds  the  whole  amount  of  the  cxiiorts 
and  freights  for  the  last  six  months.  The  facts  in  this  statement 
were  taken  from  the  commercial  shipping  list,  and  are  presumed 
to  be  substantially  correct. 

This  astonishing  decline  in  our  exports  does  not  afford  a  very 
encouraging  prospect  for  our  trade  the  coming  year.  The  balance 
against  us  the  present  year  will  be  large,  probably  from  twenty 
to  thirty  millions.  It  is  ascertained  to  amount  to  twelve  millions 
the  first  quarter. 

This  diminution  does  not  correspond  very  well  with  the  idea  of 
the  Secretary  of  the  Treasury.  He  seems  to  suppose  that  the 
very  favorable  state  of  trade  which  prevailed  last  year  was  the 
result  almost  entirely  of  the  modified  state  of  our  revenue  laws, 
and  from  this  he  drew  the  conclusion,  that  our  trade  would  go  on 
increasing.  Now,  whatever  influence  the  modification  of  the 
revenue  laws  may  have  had,  I  believe  it  is  generally  understood 
that  the  increase  of  trade  was  owing  to  other  causes,  principally 
to  the  increased  demand  for  our  exports  from  the  failure  of  the 
harvest  in  Europe.  This  demand  having  ceased,  or  greatly  de- 
clined, our  trade  must  also  decline.  We  have  not  only  lost  a 
large  amount  in  quantity  of  our  exports,  but  there  is  also  a  great 
decline  in  their  value  or  price — -on  many  of  our  staples,  at  least 
forty  per  cent.  While  the  quantity  had  decreased  more  than 
eighty  yer  cent.,  we  have  lost  in  price  forty  per  cent.  The  de- 
mand for  our  breadstuff's  in  Europe  has  declined  almost  to  nothing, 
and  in  regard  to  the  great  staple,  cotton,  it  has  fallen  off" in  value 
about  thirty  jier  cent.,  they  having  the  entire  control  of  the  market 
as  far  as  that  article  is  concerned.  I  do  not  see  the  distinguished 
Senator  fiom  .South  Ciirolina,  but  I  would  like  to  call  his  atiention 
to  that  great  interest  of  the  South,  and  1  think  the  lime  will  Lume 
when  he  ami  others  at  the  South,  who  deem  it  their  duty,  as  thev 
ought,  to  take  care  of  that  interest,  will  change  their  views  some- 
what. How  is  it,  I  would  ask,  that  this  great  staple  has  been  so 
suddenly  reduced  in  its  valine  throunrbout  the  world  ?  What  causes 
have  produced  this  result  ?  We  know  the  cause  which  has  brought 
down  the  jirico  of  breadstuffs  ;  it  is  owing  to  the  fact,  that  the 
cause,  a  short  crop,  which  enhan(!cd  the  price,  lias  ceased  to  e.\ist. 
But  what  has  brought  down  the  price  of  cotton?  Has  the  world 
ceased  to  use  the  article  ?  It  is  very  apparent  that  the  market 
for  our  cotton  is  Liverpool,  and  it  is  there  that  the  irrice  is  regu- 
lated. The  bank  of  Englanil,  and  the  large  capitalists  of  that 
country  know  how  to  use  the  jiowtr  they  possess;  they  use  it  for 
various  purposes;  sometimes  for  the  purpose  of  drawing  specie  from 
other  parts  of  the  world  to  sustain  the  bank.  They  can  maka 
money  scarce,  and  raise  its  value  at  any  time  ;  and  thus  check  ths 


demand  for  eotton,  and  suddenly  strike  down  the  price  from  the 
highest  point.  This  they  can  do  in  regard  to  cotton;  and  the  bal- 
ance of  trade  is  thereby  turned  against  us.  The  bank  and  a  dozen 
capitalists  can  produce  a  state  of  things  in  the  money  market, 
which  in  thirty  days  will  reduce  the  price  of  this  great  staple 
twenty-five  or  thirty  per  cent.  I  am  looking  at  this  matter  more 
particularly  as  to  its  bearing  on  our  trade,  upon  our  imports  for 
another  year.  Our  staple  articles  being  greatly  diminished  both  in 
quantity  and  in  value,  of  course  our  imports  must  be  small  in 
amount.  Now,  if  I  am  asked  what  remedy  for  this  evil,  I  answer, 
the  only  remedy  is,  to  get,  in  a  greater  degree  than  we  now  have, 
the  control  of  this  staple  ourselves.  When  we  are  able  to  check 
this  absolute  control  over  the  market,  we  can  resist  combinations 
of  the  monied  power  in  England,  to  strike  down  the  price  of  this 
great  staple  of  our  country.  We  now  manufacture  about  one 
quarter  of  all  the  cotton  that  we  raise  ;  if  we  manufactured  one 
half  of  it,  then  the  control  would  be  here,  or  sufficiently  so  to  coun- 
teract the  monied  power  of  Enaland.  We  could  then  hold  on  to 
our  cotton,  manufacture  it  ourselves  and  supply  a  great  mauy  of 
the  markets  that  are  now  supplied  by  Great  Britain,  one  half  of 
whose  exports  are  cotton,  most  of  it  ours,  in  a  manufactured  state. 
It  is  not  the  way  to  avoid  an  evil  of  a  like  kind  in  future,  to  try  to 
shut  our  eyes  to  that  which  stares  us  in  the  face. 

Sir,  it  is  a  fact  that  the  prosperous  condition  of  our  trade  has 
been  arrested  within  the  last  eight  months,  in  a  more  sudden  and 
more  extraordinary  manner  than  it  ever  was  before  in  the  whole 
course  of  our  history,  without  any  apparent  cause  on  our  part.  Every 
interest  of  the  country  is  arrested,  and  those  very  sanguine  hopes 
and  anticipations  which  existed  eight  months  ago.  seemed  to  have 
entirely  vanished  ;  and  instead  of  looking  forward  to  those  results 
which  were  then  anticipated,  the  men  of  business  are  now  care- 
fully considering  how  they  can  get  along,  and  save  themselves 
from  greater  embarrassments  and  difiicuUies.  Sir,  \vhat  is  the 
condition  of  our  navigating  interests?  Never  was  there  so  great  a 
change  in  so  short  a  period.  It  was  last  year  producing  an  in- 
come of  a  hundred  per  cent  or  more,  it  now  produces  probably  not 
more  than  six  per  cent.  And  what  is  the  condition  of  our  com- 
mercial interest  ?  It  was  prosperous  last  year,  now  it  is  pretty 
much  at  a  stand,  and  the  future  is  full  of  doubt  and  uncertainty. 
And  what  is  the  condition  of  the  manufacturing  interest,  which 
was  thought  to  be  too  prosperous  a  few  years  ago  ?  It  is  strug- 
gling against  great  ditliculties.  Well,  how  is  it  with  that  great- 
est of  all  interests,  the  agricultural,  that  is  the  interest  which  I 
would  like  to  cherish  above  all  others,  the  farming,  the  plant- 
ing interest  ?  Where  are  those  golden  dreams  that  we  were 
indulging  in  a  few  months  ago  ?  They  are  all  vanished.  And 
what  is  the  loss  in  the  acrgregate  to  the  country  ?  And  what  will 
it  be  another  year  ?  Take  three  cents  a  pound  off  youi'  cotton 
crop,  of  eleven  hundred  millions  of  pounds,  and  the  reduction  in 
its  value  is  thirty  three  millions  of  dollars.  Take  your  wheat  crop 
at  114,000,000  bushels,  supposing  one  half  of  it  to  be  disposable, 
and  take  fifty  cents  from  each  bushel  and  you  lose  about  thirty 
milliansof  dollars.  Take  your  corn  crop  of  about  500,0000,000,  or 
more  of  bushels  supposing  one-half  of  it  to  be  disposable  and  the 
decline  of  price  at  least  forty  cents  a  bushel,  shows  a  loss  of  a 
hundred  millions  of  dollars.  Thus  it  is  with  all  your  interests, 
they  are  all  m  a  low  and  depressed  condition;  prices  low  and  de- 
dining.  And  if  this  state  of  things  continues,  must  not  labor,  if 
it  does  not  already,  soon  feel  its  paralyzing  effect?  How  sudden 
and  great  the  change  in  all  the  great  interests  of  the  country  ! 
And  where  are  we  to  look  for  the  cause?  At  home  or  abroad? 
It  is  not  my  purpose  to  examine  into  it.  There  is  no  interest  now 
producing  more  than  six  per  cent.  Well,  here  is  an  immense  di- 
minution of  the  ability  of  the  country  to  purchase  and  consume 
foreign  goods,  and  yet  we  are  told  by  the  Secretary  that  this  con- 
sumption is  to  go  on  increasing.  Why  it  cannot  go  on.  The  peo- 
ple cannot  buy  if  they  have  nothing  to  buy  with.  It  is  a  state  of 
things  that  cannot  continue. 

Now,  in  regard  to  the  future;  what  is  the  situation  in  which  we 
shall  be  placed  at  the  end  of  the  next  fiscal  year?  We  shall  have 
a  debt  of  one  hundred  millions  of  dollars  to  be  provided  for,  the 
interest  of  which  must  be  paid,  with  the  current  expenses  of  the 
government,  Irom  a  declining  revenue.  If  the  ideas  of  the  Secre- 
tary of  the  Treasury  could  bo  realized,  if  this  prosperous  state  of 
our  trade  were  to  go  on  increasing,  we  might  possibly  get  along 
without  looking  to  any  new  sources  lor  revenue.  But  if  the  views 
which  I  have  taken  are  at  all  well  founded,  and  I  fear  they  are  but 
too  well  founded,  the  period  of  reaction  is  coming,  and  we  are  to  have 
a  diminished  revenue  and  great  embarrassments  in  our  finances. 
We  will  have  thi.s  debt  upon  our  hands  with  a  failiuff  and  sinking 
revenue.  The  LSeerctaiv  says  that  the  results  of  last  year  were 
jiroduced  by  the  inudilicatiou  of  the  revenue  laws,  and  that  the 
cause  remaining,  the  same  prosperity  of  trade  will  continue.  He 
ha^  carried  his  iiuaginalion  to  a  high  pitch.  He  has  extended  his 
calculations  to  the  yciir  1849,  and  supposes  that  our  exports  will 
then  amount  to  three  hundred  and  twenty-nine  millions,  and  that 
our  imports  will  equal,  if  not  exceed  that  amount.  He  thinks  that 
the  amount  of  our  imports  now  is  very  small  compared  with  our 
domestic  exchanges.  His  theory  is  that  Ibrcign  commerce  is  an 
exchange  of  imports  for  exports.  Now,  the  facts  that  I  have  re- 
ferred to  in  regard  to  the  extraordinary  decline  of  our  exports 
while  our  importations  are  going  on,  is  entirely  at  variance  with 
any  such  idea.  And,  indeed,  our  whole  commercial  history  is  in 
conflict  with  this  idea.  His  theory  is  not  only  unsupported  by  fact, 
but  i«  opposed  to  our  whole  commercial  experience.  We  know 
that  at  all  times,  when  we  have  had  large  importations,  this  excess 


March  27  ] 


THE  LOAN  BILL. 


415 


has  been  followed  by  a  re-action  and  diminution  of  exports,  carry- 
ing them  below  the  ordinary  amount.  But  the  calculation  of  the 
Secretary  is  founded  on  the  idea  that  our  trade  is  to  go  on  increas- 
ing— that  our  imports  are  to  increase — ^and,  of  course,  that  osr 
revenue  is  to  increase  in  a  correspoding  degree.  But,  if  what  I 
have  stated  be  true,  instead  of  increasing  it  will  diminish.  It 
must  necessarily  take  this  course.  Imports  cannot  be  increased 
witlioiit  a  correspondintT  increase  of  exports. 

The  idea  that  our  imports  control  our  exports  is  wholly  at  va- 
riance with  what  we  see  existing  at  the  present  time.  They  have 
gone  on  greatly  beyond  our  exports.  The  large  importations  for 
months  past,  are  the  returns  for  exports  of  preceding  years  in 
part,  and  in  part  the  result  of  the  crisis  in  England  being  sent  on 
British  account ;  and  will  produce  a  balance  against  us,  and  this 
balance  must  soon  occasion  a  re-action  in  our  foreign  trade.  And 
there  is  another  circumstance  that  is  operating  unfavorably  upon 
our  revenue.  The  price  of  imports  of  every  kind  is  reduced  twen- 
ly-five  per  cent.  In  order  then  to  reach  the  ordinary  amount  in 
value,  you  have  to  increase  the  quantity.  But  the  increase  of  quan- 
tity must  depend  on  the  ability  of  the  country  to  consume.  This 
will  opei'ale  against  us,  because  we  must  get  the  amount  in  value, 
in  order  to  obtain  the  revenue,  for  revenue  is  founded  on  value. 
The  country  has  been  told  that  the  present  revenue  system  is  more 
efficient  and  productive  than  the  one  it  superseded.  But  the  fact 
is  not  so  ;  we  ought  not  to  deceive  ourselves,  or  the  country.  It 
has  been  tried  under  the  most  favorable  circumstances,  and  found 
insufficient  as  a  revenue  measure.  The  revenue  has  fallen  off 
nearly  four  millions  the  first  year,  although  a  year  of  unusual 
commercial  prosperity.  There  is  no  getting  awav  from  this  fact  ; 
no  reasoning  nor  sophistry  can  get  round  it.  The  Secretary  at- 
tempts to  do  so,  by  selecting  a  certain  period,  breaking  up  the 
regular  fiscal  year.  He  takes  the  period  from  December  '46  to 
December  '47  ;  a  period  of  extraordinary  trade,  and  the  first 
quarter  of  which,  embracing  several  millions  of  revenue  belonginn- 
to  the  preceding  year,  which  was  occasioned  by  the  change  in  the 
revenue  laws.  You  can  often  select  one  quarter  of  a  year  in 
which  the  revenue  is  double  that  of  another  quarter.  The  result 
of  a  limited  period  amounts  to  nothing.  You  must  take  a  series 
of  years,  you  cannot  determine  from  any  one  year.  The  year 
from  December  '46  to  December  '47,  was  a  very  remarkable  vear 
for  trade  ;  and  to  assume  that  as  a  standard,  and  to  hope  for  an 
increase  from  that  high  point  under  our  new  system,  is  to  suppose 
a.  result  that  is  contrary  to  the  fact  so  far,  contrary  to  all  sound 
reasoning,  and  to  the  whole  past  experience  of  the  country. 

If  the  view  I  have  taken  be  correct,  that  our  revenue  must  di- 
minish, and  that  our  expenditures  cannot  by  any  possibility  be  re- 
duced below  ihirty-lhree  millions,  it  follows  that  there  must  be  a 
dificiency  of  from  six  to  ten  millions  of  dollars  Ibr  the  fiscal  year 
ending  the  :iOth  June  1849  ;  and  as  there  will  be  a  debt  upon  our 
hands  of  about  a  hundred  millions,  and  we  are  going  on  with  a 
revenue  falling  below  the  annual  expenditures,  in  this  state  of 
things,  it  may  be  asked  when  is  our  condition  to  be  any  better. 
If  putting  an  end  to  the  war  expenses  is  not  to  help  us,  what  is  to 
help  us  out  of  this  difficulty?  When  is  this  debt  to  be  paid?  It 
certainly  cannot  be  paid  by  a  deficient  revenue.  How  is  it  to  be 
paid  ?  Sir,  this  subject  does  not  seem  to  receive  the  attention 
which  it  deserves.  We  uo  not  look  at  it.  I  do  not  know  but  that 
we  are  in  the  condition  of  Abel  Handy  in  the  play.  His  house 
happened  to  take  fire,  and  he  was  asked  why  he  did  not  put  it  out. 
He  said  he  was  thinking  about  it,  but  he  was  waiting  to  see  if 
it  would  not  go  nut  of  itself.  Now  I  think  that  our  Treasury  is 
in  a  consuming  state,  if  not  on  fire.  And  this  fire  will  not  2o  out 
of  itself.  This  debt  will  not  be  paid  by  a  declining  and  deficient 
revenue.  This  is  not  a  result  that  ever  has  or  ever  can  follow. 
What  then  ought  to  be  done  ?  We  can  borrow  to  he  sure.  I  be- 
lieve the  credit  of  the  government  is  good.  But  borrowing  will 
not  pay  our  debts.  Borrowing  will  not  extricate  a  countrv  when 
its  financies  become  embarrassed,  and  a  public  debt  has  a'ccumu- 
la':ed,  and  when  it  is  in  the  unfortunate  condition  of  having  a  reve- 
nue that  is  below  its  expenditures. 

My  honorable  friend  from  New  Hampshire,  on  introducing  this 
measure,  seemed  to  think  that  by  procuring  a  loan,  the  deficiency 
could  be  supplied.  I  do  not  know  what  consolation  to  give  niv 
honorable  friend,  unless  it  is  what  may  be  derived  from  the  old 
tnaxim  that  '•  misery  loves  company,"  and  by  referring  him  to  a 
distinguished  functionary  of  another  country,  who  seems  to  be  in 
the  same  dilemma.  I  observe  that  the  first  minister  of  the  crown 
in  England  had  the  same  unpleasant  duty  to  perform  in  Parlia- 
ment that  the  honorable  Senator  has  had  to  perform  here.  He 
had  to  exhibit  a  budget  showing  a  deficient  revenue  in  a  state  of 
peace,  though  he  did  not  exhibit  so  great  a  deficiency  as  we  have 
here.  Still  there  was  a  deficiency  and  that  in  time  o'f  peace.  The 
statement  was  received  very  coldly,  even  by  the  friends  of  the  no- 
ble Lord.  Well,  sir,  he  did  not  projiose  a  loan,  nir  did  he  propose 
to  meet  the  deficiency  by  reduction  or  retrenchment;  but  he  asked 
for  an  increase  of  taxes.  He  proposed  an  increase  of  the  income 
tax.  That  was  received  rather  coldlv,  thouch,  between  the  two, 
I  would  prefer  to  have  a  tax  rather  than  to  drag  on  depending  on 
loans.  And  therefore,  I  think  the  noble  Lord  occupied  hi<iher 
ground  than  my  friend  from  New  Hamoshire,  the  representative 
of  the  treasurv  here,  who  has  brought  forward  no  proposition  to 
give  hie  or  vigor  to  our  revenue,  but  has  proposed  to  drag  along 
under  this  oM  system  of  borrowing  with  an  increasin"  deficit  from 
vear  to  year,  until  the  credit  of  the  government  mult  eventually 
be  broken  down.  There  is  where  the  thing  must  end.  As  with 
private  mdividuals,  so  it  i«  with   the  public;  there  it   no    stopping 


point  when  relying  on  a  system  ofloans  for  supplying  public  wants. 
There  is  no  end  to  it,  but  you  are  constantly  sinking  into  debt 
deeper  and  deeper.  I  wish  my  honorable  friend,  or  those  who 
have  the  care  of  the  finances  of  the  government,  would  have  imita- 
ted the  example  of  the  first  Lord  of  the  treasury  in  another  coun- 
try, and  have  come  forward  with  some  measure  that  would  afford 
some  sort  of  stability,  relief,  or  hope  for  the  future,  that  we  might 
see  some  deliverance  ahead,  from  this  wretched  system  of  drac- 
ging  on  with  a  deficient  revenue,  and  helping  it' out  by  loans.— 
A  revenue  known  to  be  deficient — admitted  to  be  deficient — defi- 
cient in  time  of  peace,  but  still  more  deficient  in  time  of  war. 
And  yet,  we  go  on  depending  on  borrowing,  and  thus  rapidly  in- 
creasing the  public  debt,  without  any  provision  for  its  redemption, 
even  on  the  return  of  peace.  This  is  a  state  of  things  unprece- 
dented in  this  country.  It  is  plunging  headlong,  recklessly,  unne- 
cessarily, into  a  public  debt.  I  cannot  approve  of  any  such  policv 
as  this.  I  protest  against  it  in  every  view  which  can  be  taken  of 
it.  I  hold  that  it  is  no  more  justifiable  to  run  up  a  dsbt  unneces- 
sarily in  time  of  war  than  it  is  to  do  so  in  lime  of  peace.  I  pro- 
test still  more  against  remaining  with  a  deficient  revenue  whilst 
that  debt  is  accumulating.  My  honorable  friend  did  allude 
•  to  one  source  of  relief.  I  wish  there  was  more  substance  in 
it.  He  says  this  debt  is  not  enormous  or  alarming,  because 
our  population  and  consequently  our  resources  are  increasin"', 
and  that  our  wealth  quadruples  in  twenty  years.  But  •.<  ill 
our  revenue  increase  faster  than  our  expenditures? — that  is  the 
question  for  us  to  consider.  Whatever  may  be  the  increase  of  our 
population — whatever  may  be  the  augmentation  of  the  trade  of 
the  countrv — whatever  may  be  the  in?rease  of  our  revenue — if  our 
expenses  go  on  increasing  in  a  corresponding  ratio,  we  "et  no  re- 
lief from  that  source.  That  this  has  been  the  case  hitherto,  every 
one,  I  believe,  must  be  aware.  The  results  of  this  war  must  ne- 
cessarily add  greatly  to  our  expenses  after  its  termination,  and 
were  it  not  for  the  increasing  ability  of  the  country,  we  should  be 
entirely  unable  to  sustain  ourselves  for  a  single  year.  The  re- 
source to  which  the  Senator  alludes  aftbids  no  further  encourage- 
ment  than  this,  that  as  fast  as  our  expenses  increase  our  ability 
also  increases.  But  it  does  not  help  us  out  of  the  existing 
difficulty. 

I  prefer  taxation  to  debt.  Taxes  before  debts,  I  think  is  a  sound 
maxim.  It  is,  I  think,  a  democratic  doctrine.  But  it  does  not 
seem  to  be  the  democratic  policy  of  the  present  day.  On  the  con- 
trary, the  maxim  seems  to  be,  debts  and  loans  for  the  present; 
taxes  for  the  future.  This  is  the  policy  ajiparenllv:  unless  indeed' 
the  debt  is  to  be  jiaid  off  by  repudiation,  taxes  must  follow.  Is  it 
not  the  part  of  wisdom  to  provide  promptly  and  in  season  for  these 
difficulties  which  are  not  far  distant,  but  already  upon  us?  We 
have  had,  as  I  have  said,  a  deficient  revenue  from  customs  for  the 
last  fifteen  years.  Although  the  opinion  has  been  prevaleut  in  the 
country  that  we  could  get  along  more  satisfactorily  and  recei,'6 
more  revenue  with  a  low  rate  of  duty  than  with  higher  duties,  yet 
this  is  a  mistake;  our  experience  does  not  support  this  doctrine. 
We  have  tried  it.  It  is  no  new  experiment.  And  I  can  say 
in  regard  to  the  act  of  1846,  that  it  is  much  less  an  act  of  low  du- 
ties than  it  was  represented  to  be  when  it  was  passed.  I  now 
think  much  better  of  it  than  I  did  then.  We  have  tried  extreme 
measures.  We  have  tried  fifteen  and  a  half  per  cent,  duties  but 
we  did  not  find  that  they  filled  our  treasury  to  overflowino-.  It  is 
no  neiv  idea,  it  has  been  thoroughly  tried.  We  cannot  su'pply  the 
wants  of  our  treasury  even  in  an  ordinary  state  of  demands  upon 
it  for  a  peace  establishment,  with  anything  short  of  about  thirty 
per  cent,  of  gross  revenue,  or  twenty-five  per  cent,  neit  revenue. 
And  yet  we  are  going  on.  with  this  debt  on  our  hands,  and  that 
debt  accumulating,  with  a  nctt  revenue  system  of  only  twenty-one 
per  cent.  We  must  have  recourse  to  some  other  expedient  than 
loans  before  a  great  while,  and  the  sooner  the  better.  It  is  our 
duty  not  to  contribute  to  delude  the  public,  for  I  believe  a  "ross 
delusion  has  gone  abroad  that  all  is  well,  and  that  when  thi^war 
is  ended  our  finances  will  be  in  a  sound  state,  while  the  fact  is  not 
so.  They  will  be  in  a  deficient,  embarrassed  condition,  and  we 
shall  have  a  debt  upon  our  hands  without  any  means  for  its 
liquidation, 

I  say,  give  us  something — some  resource  besides  loans.  Give 
us  an  income  tax.  A  tax  upon  playing  cards,  and  billiard  tables 
and  fancy  stocks.  We  have  tried  this  method  in  Mexico,  why  not 
try  it  at  home?  A  very  considerable  sum  might  be  collected  in 
that  way.  As  if  is  now,  we  cannot  get  along.  It  is  idle  'to  de- 
ceive ourselves  and  the  country,  or  silently  acquiesce  in  a  state  of 
things  which  will  tend  to  embarrassment,  difficulty,  and  finally 
will  result  in  establishing  the  most  obnoxious  high  tariff  measures 

that  we  have  ever  had  in  this  country.     That  will  be  the  result. 

I  wish  this  remark  to  be  remembered.  Our  credit  misht  probably 
fail  in  a  year  or  two  more,  and  especially  if  the  war  "should  con- 
tinue, for  we  seem  determined  to  destroy  it,  and  if  that  be  the  po- 
licy perhaps  the  sooner  it  is  destroyed  the  better.  We  know  there 
are  individuals  in  the  world  who  cannot,  so  long  as  they  have  any 
credit,  abstain  from  abusing  it,  and  their  only  safety  is  in  desirov- 
mg  it.  It  is  so  with  all  the  governments  of  Europe;  they  have  used 
their  credit  to  the  very  verge  of  bankruptcy.  England,  the  wealth- 
iest nation  in  the  world,  has  used  up  her  credit  so  entirely  that 
she  IS  now  paralyzed,  when  a  great  crisis  is  coming  on  in  Europe. 
It  may  perhaps  be  fortunate  for  the  cause  of  liberty  and  the  rights 
of  nations,  but  still  it  must  be  mortifving  to  her  pride  that  she 
is  paralyzed  with  a  national  debt.  Sir,  it  was  said  by  one  of  her 
most  eminent  men  a  few  years  ago,  [Mr.  Haskinson,]  that  the 
minister  who  would  dare  to  involve  the  country  in  an  unnecessary 


416 


THE  LOAN  BILL. 


[Monday, 


war,  and  to  increase  the  burdens  of  the  people  by  increasing  the 
public  debt,  would  deserve  to  answer  for  it  with  his  head.  What 
a  spectacle  is  this  great  nation,  now  struggling  under  an  immense 
debt,  with  no  resource  that  an  expert  and  able  minister  can  devise, 
but  to  increase  the  most  odious  tax  that  can  be  laid  in  that  or  any 
other  country;  and  to  be  levied  after  the  people  have  been  taxed  in 
every  possible  way,  for  what  they  consume,  and  wear,  and  for  the 
very  light  of  heaven.  Over  and  above  all  the  rest,  they  arc  now 
to  be  called  upon  to  pay  lifty  dollars  out  of  every  thousand  of 
their  private  income.  This  is  the  consequence  of  a  public  debt, 
which  we  seem  to  regard  as  no  great  ma'.ter,  and  to  suppose  that 
it  can  be  paid  off  very  easily.  But  experience  docs  not  support 
this  idea.  We  had  a  little,  paltry  debt,  beginning  in  Mr.  Van 
Buren's  administration,  and  we  have  gone  on  adding  to  it  durmg 
a  time  of  peace,  some  ten  or  twelve  millions,  .so  that  when  this 
war  commenced  we  had  a  debt  of  seventeen  millions. 

Sir,  is  the  present  a  time  when  we  should  suffer  our  revenue  to 
get  into  a  low  and  prostrate  condition  ?  We  have  received  intelli 
genec  across  the  Atlantic,  that  there  has  been  an  astounding  ex- 
plosion in  the  political  state  of  one  of  the  great  countries  in  Eu- 
rope, and  all  Europe  will  probably  be  drawn  in  to  the  great  move- 
ment that  is  going  on  there.  We  have  commercial  and  other  re-  _ 
lations  with  all  those  powers.  Are  we  quite  sure,  that  we  shall " 
not  be  involved  in  difficulty  m  regard  to  our  commercial,  or  some 
other  interests  in  consequence  of  this  universal  disturbance,  in  the 
countries  of  the  old  world  ?  How  was  it  in  1789  ?  Were  we  not 
then  involved  in  difficulty;  and  narrowly  escaped  being  involved  in 
war.  The  only  advantage  incur  condition  over  the  nations  of  Europe 
seems  to  be,  that  whilst  they  are  thus  weakened  and  paralyzed — 
whilst  their  taxation  is  as  great  as  the  people  can  bear — whilst  they 
have  exhausted  their  whole  power  of  taxation,  in  everyway  that  the 
ingenuity  of  man  can  devise,  such  is  not  our  condition,  as  our  re- 
sources are  ample.  There  would  be  no  difficulty  in  raising  a 
revenue  adapted  to  our  condition  and  wants,  if  we  were  disposed 
to  do  il,  But  we  have  neglected  to  do  it,  and  probably  we  shall 
go  on  in  this  same  way  until  the  burthen  of  a  public  debt  becomes 
so  great  that  it  can  be  borne  no  longer.  Would  it  not  be  the 
part  of  wisdom  then,  to  look  the  difficulty  in  the  face,  and  provide 
some  remedy,  knowing  as  we  do,  that  we  may  be  called  upon  for 
new  and  extraordinary  expenditures,  at  a  time  when  we  arc 
wholly  unable  to  provide  for  the  ordinary  wsnts  of  the  treasury? 

Mr.  ATHERTON  —The  Senator  from  Connecticut  has  inti- 
mated that  I  have  been  obliged  to  perform  a  very  unpleasant  duty. 
To  be  sure  it  is  always  somewhat  unpleasant  to  me  to  be  obliged 
to  obtrude  myself  on  the  attention  of  the  Senate.  But  I  assure 
my  honorable  friend  from  Connecticut  that  there  has  been  nothing 
more  unpleasant  to  me  in  the  discharge  of  that  duty  than  to  find 
mvself  obliged,  in  many  respects,  to  differ  from  one  for  whose 
opinions,  in  past  times,  I  have  been  taught  to  cherish  so  much 
respect.  The  honorable  Senator  says  that  ho  believes  that  the 
people  of  this  country  are  at  present  laboring  under  delusion 
with  regard  to  their  real  condition — that  they  fancy  themselves 
to  be  in  a  state  of  prosperity,  when  it  is  not  so.  This,  sir,  re- 
minds me  of  an  anecdote  I  once  heard  of  two  politicians  in  Glas- 
gow who  were  engaged  in  conversation  about  the  national  affairs. 
One  was  endeavoring  to  show  that  every  thing  was  going  to  ruin 
— that  the  public  were  in  great  distress,  but  the  other  merely  re- 
plied that  really  he  could  not  perceive  it.  To  this  the  former  very 
indignantly  retorted  that  if  ''he  would  only  read  the  Glasgow  Chro- 
nicle he  would  soon  find  out  how  miserable  he  was  !" 

Mr.  NILES. — I  did  not  say  that  the  people  were  deluded  in 
supposing  that  they  were  in  a  prosperous  condition,  for  there  can 
be  very  little  delusion  on  that  suliject.  But  I  ssid  that  delusion 
prevailed  with  regard  to  the  condition  of  the  finances. 

Mr.  ATHERTON. — I  certainly  did  not  intend  to  misrepresent 
the  honorable  Senator;  but  certainly  if  any  delusion  prevails  with 
regard  to  the  dreadful  condition  of  the  finances,  or  the  prosperity  of 
the  country,  amongst  the  people  at  large,  it  is  not  from  want  of 
diligent  efforts  to  enlighten  them  as  to  their  distress.  We  have 
heard  a  great  many  lamentations  on  the  ruin  that  was  about  to 
overtake  the  country  in  its  business  relations;  although  it  has  hap- 
pened, somehow  that  from  the  time  these  notes  were  first  raised 
here  during  this  session,  the  business  of  the  country  has  been  gradu- 
ally improving,  so  that  wo  might  almost  say  that  "  wisdom  cries 
aloud  in  the  streets,  yet  no  man  regards  her  !" 

My  honorable  friend  has  alluded  to  what  be  regarded  as  some 
confusion  in  my  statements,  and  he  said  that  he  would  give  a  plain, 
intelligible  view  of  the  subject.  1  believe  that  the  statement  of 
the  himor.able  Senator  was  based  on  the  same  principles  as  those 
on  which  one  of  the  statement  which  I  had  the  honor  to  submit  to 
the  Sen.ate  was  founded.  I  stated  that  for  the  two  years  the  whole 
expenditures  were  $117, 589,165  72;  that  the  means  of  the  two  years 
aside  from  Treasury  notes  and  loans,  were  $70,373,229  15,  making 
the  dcfieieney  to  be  supplied  $47,215,93()  27.  Tiie  avails  of  treasury 
notes  and  loans  $34,101,900  00,  making  the  deficicncv,  according  to 
the  official  reports  of  the  Si'cretarv  of  the  Treasury,  $12,814,03fi  27. 
But  to  this  must  be  added  $1,401,900  00  for  the  error  which  I 
endeavored  to  explain  in  the  estimates  contained  in  the  treasury 
report,  .so  that  the  whole  dclieiencv  is  $14, 215,931;  27.  Now,  sirj 
the  honorable  Senator  has  alluded  to  the  debt  which  will  exist  at 
the  end  of  this  fiscal  year  and  he  makes  it  $9S,000,000.  1  cannot 
account  for  the  manner  in  which  ln'  arrives  at  that  conclusion. 
Some  years  ago,  I  recollect,  an  imputation  was  m.ado  against 
an   administration   of    which    that   honorable   gentleman   formed 


a  very  distinguished  partj  that  it  had  created  a  debt  of  forty 
millions.  I  do  not  suppose  that  the  Senator  was  very  well  pleased 
with  the  manner  in  which  it  was  attempted  to  arrive  at  that  re- 
sult. How  can  a  debt  of  ninety-eight  millions  exist  at  the  close 
of  the  present  fiscal  year  ?  It  was  impossible  to  arrive  at  such  a 
conehision  by  any  rules  of  arithmetic.  The  whole  amount  of  debt 
created  during  the  existence  of  the  war  is  thirty-three  millions — 
the  amount  to  be  raised  by  this  bill  is  sixteen  millions  of  dollars, 
to  supply  the  deficiencies  of  the  present  fiscal  year;  add  to  this 
seventeen  millions,  the  amount  at  commencement  of  the  war,  and 
the  result  is  as  clear  as  any  result  in  mathematics  can  be.  that 
the  debt  will  be  sixty-six  milfions  of  dollars.  The  Senator  says 
that  the  disbursements  of  the  year  are  different  from  the  expendi- 
tures of  the  yefir;  and  he  brings,  it  seems,  within  the  latter,  the  ex- 
penses which  may  arise  hereafter  on  account  of  the  transactions  of 
the  present  year.  It  is  certainly  a  novel  mode  of  settling  the  debt 
of  the  current  year  to  crowd  into  it  part  of  the  expenditure  of  last 
year,  and  also  anticipate  future  expenditures;  and  that  is  the  only 
way  in  which  the  Senator  can  arrive  at  his  conclusion.  The  Sena- 
tor, in  speaking  of  the  receipts  from  customs,  said  that  he  saw  no 
reason  why  the  estimates  of  the  Secretary  should  be  sustained. 
So  far  as  returns  have  been  received,  there  is  every  prospect  that 
the  estimates  of  the  Secretary  will  not  only  be  fully  realized,  but 
be  exceeded.  The  Senator,  however,  appears  to  think  that  the 
receipts  of  the  custom  house  during  the  first  year  of  the  opera- 
tion of  the  present  tariff,  afford  no  satisfactory  basis  for  calcula- 
tions with  respect  to  the  future.  Quite  as  much  so  it  would  seem 
as  to  take  the  last  fiscal  year,  five  months  of  which  were  under 
the  operation  of  the  tariff  of  '42,  and  only  seven  months  under  that 
of  the  tarifi'of  '46!  The  Senator  says  that  there  were  two  or  three 
millions  thrown  over  into  the  revenue  of  the  first  year  of  the  present 
tariff,  as  goods  were  kept  back  in  the  store-house  before  the  first  of 
December,  1846,  for  the  sake  of  having  them  returned  afterwards 
when  the  revenue  tariff  should  go  into  operation.  Now,  this  tariff 
had  a  double  cflfect.  Some  goods  were  crowded  in,  and  others 
kept  back.  But  if  we  can  ascertain  the  amount  in  store  on  the 
first  December,  1846;  and  the  amount  on  the  first  of  December, 
1847,  It  seems  to  me  that  taking  the  difference,  we  shall  arrive  at 
the  amount  derivable  from  the  considerations  mentioned  by  the 
honorable  Senator  during  the  year.  I  believe  it  will  be  found  that 
there  were  only  about  $111,000  worth  of  duty  in  the  store  on  the 
1st  December,  1846,  over  the  amount  on  the  1st  December,  1847. 
So  that,  as  it  seems  to  me,  it  follows  that  the  gain  from  the  source 
.alluded  to  by  the  Senator,  could  have  risen  only  to  that  trifling 
amount. 

I  trust  that  the  Senator  did  not  intend,  as  his  words  might 
seem  to  imply,  to  impute  blame  to  me  because  some  mea- 
sure has  not  been  brought  forward  in  the  shape  of  taxa- 
tion. Ho  did  not  vouchsafe  his  aid  by  extending  any  light  with  re- 
gard to  his  own  views  on  the  subject.  He  did  not  say  whether 
there  should  be  a  tax  on  tea  and  coffee,  as  the  Secretary  of  the 
Treasury  has  recommended;  or  whether  he  wished  us  to  go  back  to 
his  favorite  system  of  high  duties,  in  order  to  raise  more  revenue.  I 
should  have  been  very  happy  to  have  heard  from  the  Senator  on  that 
subject.  I  believe  the  only  articles  on  which  the  Senator  recommend- 
ed a  tax  were  billiard-tables  and  playing  cards.  Now,  I  do  not  know 
how  the  Scn.ator  might  have  acted,  had  the  duty  of  bringing  forward 
this  bill  devolved  upon  him;  but  really,  it  does  not  occur  to  me  that 
he  could  find  any  method  by  which  to  introduce  into  this  Senate  a  bill 
for  raising  revenue  and  laying  duties,  for  the  sake  of  enabling  us 
to  pay  the  interest  and  principal  of  this  loan.  The  constitution 
forbids  it.  Docs  he  hold  that  it  could  be  properly  introduced  as  an 
amendment  to  this  loan  bill?  It  seems  to  me  that  that  would  come 
equally  in  conflict  with  the  provisions  of  the  constitution.  Aside 
from  the  constitutional  objection,  what  success  could  be  anticipated 
for  such  an  attempt  when  a  proposition  for  a  tax  introduced  as  an 
amendment  to  this  bill  has  been  voted  out  of  order  in  the  other 
House  as  irrelevant.  Therefore,  I  think  that  the  Committee  on 
Finance  cannot  be  justly  subjected  to  any  blame  on  this  subject. 

Mr.  NILES. — I  spoke  of  the  Senator  as  the  representative  of 
the  Treasury  Department.  He  says  that  he  is  at  a  loss  to  know 
how  I  made  out  the  public  debt  to  amount  to  ninety-eight  millions 
of  dollars.  The  rcgvdar  debt,  according  to  my  calculation, 
amounts  to  sixty-eight  millions,  but  to  that  I  added  other  items; 
five  millions  for  outstanding  claims  arising  out  of  the  war;  one  ana 
a  half  millions  for  California  claims;  five  millions  which  must  be 
as.sumed  as  debt  or  be  cut  off  the  revenue,  which  is  the  same  thing, 
on  account  of  military  land  warrants;  and  twenty  millions  to  b* 
paid  under  the  treaty.  That  is  my  calculation,  and  1  have  no 
doubt  it  is  below  instead  of  being  over  the  mark. 

The  Senator  asks  why  I  do  not  propose  some  financial  measure. 
Well,  sir,  I  do  not  even  suggest  my  opinion  as  to  what  ought  to  be 
done.  I  have  only  felt  it  to  be  mv  duty  to  call  the  attention  of  the 
Senate  and  the  country — if  anything  that  I  say  can  reach  the  pub- 
lic mind — to  the  real  state  of  our  financial  afi'airs.  I  look  for  rem- 
edies that  arc  to  come  probably  through  public  sentiment.  I  com- 
plain that  when  the  Treasury  takes  it  in  hand,  it  does  not  propose 
something;  nav  farther,  I  coinplain  that  the  Treasury  Department 
now  stands  in  the  way  of  the  country  doing  anything.  The  de- 
partment has  a  system  which  it  will  not  relinquish.  I  contend 
that  that  .system  is  inadequate;  and  if  the  department  does  not 
propose  another,  and  throws  obstacles  in  the  way  of  any  other,  it 
is  not  for  me  to  introduce  the  question,  except  incidentally,  whether 
a  higher  rate  of  duties  would  produce  more  revenue.  That  (jues- 
tionj  I  believe,  does  not  require  discussion.     It  is  a  self-evident 


March  27.] 


THE  LOAN  BILL. 


417 


proposition,  and  whether  it  ought  to  be  done  or  not,  is,  I  think, 
'  eqnally  self-evident.  Certainly  we  cannot  get  along  with  the  pre- 
sent system  of  finance.  But  I  do  not  go  into  tliat  question.  I  have 
merely  endeavored  to  point  out  the  slate  in  which  we  now  are,  and 
the  prospect  which  is  ahead.  From  the  present  condition  ol'  things 
and  its  results  I  can  see  no  deliverance  whilst  the  present  system 
is  retained — a  system  of  revenue  inadequate  for  a  time  of  peace 
yet  adhered  to  in  a  time  of  war.  I  do  not  rise  here  to  propose 
remedies.  That  would  be  idle.  I  do  not  complain  of  the  hon- 
orable Senator.  But  I  say  that  there  are  faults  somewhere — 
a  heavy  responsibility  to  fall  somewhere,  for  continuing  this 
state  of  things.  There  was  an  error  at  the  outset.  What 
we  ought  to  have  done,  is  now  known  to  every  gentleman.  When 
we  incurred  our  expendilures,  wo  ought  to  have  provided,  within 
the  reas.inablo  ability  of  the  country,  an  additional  revenue.  I 
endeavored  to  call  the  attention  of  the  Senate  to  this  subject  at 
the  last  session,  but  I  hardly  succeeded.  I  alluded  to  it  inciden- 
tally pn  one  or  two  occasions,  but  I  met  no  response.  Our  hono- 
rable friends  on  the  other  side,  do  not,  I  suppose,  sympathize 
greatly  with  us,  when  wo  get  into  difficulty — it  does  not  trouble 
them  much;  and  as  to  the  friends  on  this  side,  they  seem  to  be  in- 
spired With  such  confidence  in  the  odicer  at  the  head  of  the  finan- 
ces, tliat  without  looking  into  his  calculations  very  closely,  as  I 
apprehend,  so  long  as  he  says  ''  all  is  well — and  will  bo  better," 
they  rest  satisfied.  Now  I  telt  it  to  be  my  duty,  to  look  into  his 
calculations  and  his  speculations,  for  such  they  are,  and  I  have 
found  them  wholly  unsustained  by  our  experience  or  by  the  facts  on 
which  they  affect  to  rest.  They  are,  in  my  judgment,  idle  spec 
ulations. 

Mr.  ATHERTON.— The  Senator  has  remarked  that  he  did  not 
know  how  I  made  out  my  estimate.     I  will  tell  him. 

Tl)9  expenditures  for  tlir  year  be-jinniiig  July  1,  t84ti,  were  -    ,.^.57,283.477  6.5 

For  tlie  uurient  fiacal  year,  tliey  are        .--..-        ii0.305,ti88  07 

Whole  e.xpeiKiiture.s  of  the  two  years  of  ttie  war.  -        -        -     ®n7,5(?9,165  72 

The  reeei|»ts  of  the  1st  year  irieUiiling  balance  in  Treasury,     -         -      S3.'),473,229  45 
Estimated  receiirts  of  2ti  year,  i.  e.  current  fiscal  year,  -        -        34,900,000  00 

.Means  of  the  two  years  aside  from  Treasury  notes  and  loan?,         -      .S70,373.ii2tl  4,5 

Deficiency  of  the  two  years  supplied  by  Treasury  notes  and  loans,        $47,215,936  27 
Whole  amount  of  Treasury  notes  and  loans  auihorired  in  the  two 
years.         -         .        -  -----..        33,000,000  00 

Deficiency  to  be  now  provided  for,  -..--,      .<5]4,21.5,1I3G  27 


I  have  examined  the  subject  with  care,  and  if  the  statements  of 
my  honorable  friend  from  Connecticut  differ  from  mine,  I  am  con- 
fident his  arc  incorrect. 

Mr  DAVIS  of  Massachnsetts. — I  have  a  question  to  ask  of  the 
honorable  Senator  who  is  at  the  he.ad  of  the  Committee  on  Finance. 
Is  it  his  opinion,  if  the  financial  atTairs  of  the  government  were 
closed  up,  that  the  public  debt  would  bo  less  than  otic  hundred 
millions? 


Mr.   ATHERTON,- 
speculation. 


-That  must  of  necessity  be  a  matter  of 


Mr.  DAVIS,— But  you  have  the  finances  in  charge,  and  if  it 
be  your  pleasure  to  state  it,  I  should  like  to  hear  your  opinion. 

Mr.  ATHERTON — The  amount  of  the  public  liability  de- 
pends on  so  many  contingencies,  that  it  is  impossible  to  say  what 
It  may  amount  to  prospectively,  I  cannot  say  how  much 
may  be  required  by  a  treaty  to  wiiich  the  Senator  from  Con- 
necticut alluded.  But  I  can  say  that  the  estimates  of  the 
Secretary  of  the  Treasury  have  been  sustained  so  far  as  the 
present  year  goes,  notwithstanding  the  predictions  of  aentle- 
men  who  averred  that  we  should  have  only  twenty-foiu-  mil- 
lions of  revenue,  and  it  seems  to  me  that  this  should  "ive  us  some 
confidence  in  the  estimates  for  the  next  fiscal  year.  If  the  esti- 
mates of  revenue  for  the  next  fiscal  year  be  sustained,  and  the  ex- 
penditures shall  not  exceed  the  estimates,  (and  there  is  no  reason 
apparent  why  they  should,  to  any  great  amount  since  thev  are 
placed  at  fifty-five  millions  of  dollars.)  and  supposing  the  war  tiD  con- 
tinue until  a  year  from  the  first  of  July  next,  only  twenty  millions 
of  dollars  will  bo  required  to  supply  the  deficiency  of  the  next 
fiscal  year.  The  debt  authorized  since  the  war  began  is  thirty, 
three  millions  of  dollars.  This  bill  authorizes  a  loan  of  sixteen 
millions.  The  debt  at  the  beginning  of  the  war  was  less  than 
seventeen  millions,  making  at  the  close  of  this  fiscal  year  sixty- 
six  millions.  The  Senator  can  add  for  himself  the  amount  of 
twenty  million.s  for  the  next  fiscal  year,  and  he  will  arrive  at  the 
amount  at  the  close  of  that  year. 

Mr.  CLAYTON  moved  to  amend  the  bill  by  adding  at  the  end 
of  the  4th  section,  the  following  words: 

".\nd  the  principal  snin  borrowed  under  the  provisions  of  this  act,  and  the  interMt' 
thereon  as  the  same  shall  from  time  to  time  become  due  and  pavahle  shall  be  paid  our 
of  any  money  in  the  Treasury  not  otherwise  ajrpropriated." 

This  amendment,  the  honorable  Senator  remarked,  was  neces- 
sary in  order  to  remedy  an  important  defect  in  the  bill,  which  had, 
ho  presumed,  originated  in  the  process  of  atnGiidment  in  the  other 
House.  As  originally  drafted  the  bill  did  contain  a  provision  for 
the  payment  of  principal  and  interest.  As  it  now  stood,  however, 
the  appropriation  clause  was  wanting.  His  amendment  wa»  to 
supply  the  defect. 

The  amendment  was  agreed  to. 

The  question  being  on  ordering  the  bill  to  a  third  reading — 

Mr.  PHELPS  remarked  that  he  desired  to  address  the  Senate 
on  the  bill,  but  as  the  hour  was  late,  ho  would  defer  his  remarks 
till  to-morrow,  if  it  were  agreable  to  the  Senate. 

EXECUTIVE     SESSION. 

Ori  motion  by  Mr.  HANNEGAN,  the  Senate  proceeded  to  thn 
consideration  of  Executive  business,  and  after  some  time  spent 
therein. 

On  motion, 

The  Senate  ailjourned. 


30TII  Cong, — 1st  Session; — No.  63. 


il3 


PETITIONS-=^RESOLUTIONS,  ETC. 


[Tuesday, 


TUESDAY,  MARCH  28,  1848 


RESOLtlTICr;  OF  THE  IF.GtSLATrnE  OF  MARYtAND. 

Mr.  JOHNSON,  of  Mnrvlfliid.  prcsemcd  a  resolution  passed  by 
llip  Legislature  of  the  State  of  Maryland,  vcqiiesiing  the  Senntois 
and  Represtmaiivcs  of  that  Statn  in  C^'ivsrcts.  jo  urpe  an  appro- 
priation for  the  i ra prove m en t  of  the  harlior  at  Havre  de  Grace,  in 
that  State;  wliiL-h  was  referred  to  the  Comniiitee  on  Commerce 
and  ordered  to  be  printed. 

PETITIONS. 

Mr.  BENTON  presented  the  memorial  of  Henry  H.  Sibley  and 
otliers,  c-iiizcns  of  the  United  Statss,  residing  within  the  limits  of 
the  proposed  'J'crritory  of  Minnesota,  r.'inonstratinK  against  a  con- 
templated change  in  the  northern  boundary  of  Wisconsin,  and 
prRvin"  the  passage  of  a  law  for  the  organization  of  the  Territory 
of  iVliruiesota;  which  was  referred  to  the  Coniitiitleeon  Territories, 
and  ordered  to  be  printed. 

Mr.  CAMERON  presented  the  jietition  of  Elizabeth  McDou- 
call,  iieir  of  Samuel  Caustin,  deceased,  an  officer  in  the  Revolu- 
tionary army,  praying  to  be  allowed  a  pension;  which  was  relerred 
to  the  Committee  on  Pensions. 

Mr.  DIX  presented  tlie  petition  of  Mchitable  Gibbs,  widow  of 
a  deceased  Revolutionary  soldier,  praying  to  be  allowed  a  pension; 
which  was  referred  to  the  Commillee  on  Pensions. 

Mr.  JOHNSON,  of  Maryland,  presented  the  memorial  of 
Charles  Lee  Jones,  pr'iying  an  investigation  by  Congress  of  al- 
leged causes  of  complaint  in  the  military  discipline  of  certain  com- 
panies of  volunteers,  from  the  District  of  Columbia,  now  in  the 
service  of  the  United  States  in  Mexico;  which  was  relerred  to  the 
Committee  on  Military  Afluirs. 

Mr.  DIX  presented  a  petition  of  citizens  of  Livingston  county. 
New  York,  praving  an  investigation  of  the  conduct  of^  the  officer 
dischaigiiig  ihe'duties  of  mditary  governor  at  Jalapa  in  Me.\ico; 
which  was  referred  to  the  Committee  on  Military  Affairs. 

Mr.  WESTCOTT  submitted  dociniients  relating  to  the  claim 
of  Gilbert  Dudley;  which  were  referred  to  the  Committee  on  Mi- 
litary Afiairs. 

PUBLICATION    or   COUriDENTIAL    DOCUMENTS. 

Mr.  TURNF.Y  submitted  the  following  resolution,  which  was 
Cor.Eidercd  by  unanimous  consent  and  agreed  to: 

Resetrtd,  ThBl  the  vomniiuee  01)  l!ie  Judiciary  be  instructed  to  inquire  into  the 
fXt  ediincyofpioviiiing  bv  law  forihe  punisliment  of  sncii  persons  as  may  ^urrepii- 
lioctly  obtn  n  and  mwlic  pul)lic  nny  (0!ifi::enli;jl  conimuiiicalion  marie  by  ilie  Presi- 
i^en*  ot  the  Umted  Sialci  to  tbe  Seoale.  previous  to  the  dissolut.on  of  the  itjjvincuon  of 
»«or«cy. 

colt's  fire  arms. 
Mr.  RUSK  submitted  the  following  resolution,  which  was  con- 
sidered ly  unanimous  consent  and  agreed  to: 

Fesotreii.  That  tbe  Pfsiilpnf  of  tbe  Cnited  Slater  lie  requested  to  furnish  tbe  Se 
cafe  wirb  any  infoilnanon  li>at  he  may  jiossess  touchinc  the  ^uperio'  meriu  of  tlie  re- 
iieaiing  fiie  aim>  invented  by  Samuel  Coll;  and  lii.it  lie  be  further  requeited  lo  submit 
his  oi»inion  a.=.  lo  ihe  mopriety  of  providing  for  tbt'  iiioie  geneiaIado|,tion  of  itie  afore- 
said arms  by  the  Cnited  Slates  foi  Ihe  jiioteclion  of  tiii^  Mexican  anil  Indian  fionners, 
eilbcr  by  secuiine  a  full  snpi  ly  fiom  Ihe  inventor,  or  by  llie  purchase  from  llie  inventor 
oi"  the  iiglit  10  allow  the  aforesaid  arms  lo  he  constructed  at  the  government  aimoncs. 

RELATIONS  WITH  BRAZIL. 

Mr.  CAMERON  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to  : 

R^solsed,  ThalthePiCsidentof  the  LTnited  Stat&s  be  requested  to  communicate  10 
tbe  Senate  a  copy  of  theinslruclions  from  the  Minisler  of  Foreign  Retauons  of  Bra- 
lii  to  i\Jr.  Leal,  the  Brazilian  charge  li'atfairesat  W^asliiiiglon,  underdale  of  the  3l6t 
May  last,  and  by  him  communicated  lo  the  Department  of  Stale;  of  llie  notes  of  Mr. 
Buchanan  loMr.  Lealof  the  iiUlb  An^insl  and  the  I,nh  November  lasl.  and  ofihe  do- 
cuments Iherein  referred  to;  promi/^'i  that,  in  Ins  opinion,  the  communication  can  be 
made  tompaubly  with  the  public  interests. 

GILBERT    CUDLEY, 

Mr.  WESTCOTT  submitted  the  following  resolution  for  con- 
eideraiion. 

R&aolvtd,  That  the  Committee  on  Military  Affairs  be  instroeted  lo  inquire  into  the 
propriety  and  expediency  ol  providm;;  by  law  for  Ihe  aliowancc  of  bounty  land  lo 
tfibirt  budley,  late  a  soldier  in  the  United  Slates  Army,  and  honorably  discharged 
therefrom. 

Mr,  WESTCOTT  observed  that  the  ease  of  Gilbert  Dudley 
was  one  of  peculiarly  a  meritorious  character.  While  a  mere  boy 
lie  enlisted  at  Newark,  New  Jersey,  as  a  musician,  lor  live  years. 
Hie  term  of  service  expired  February  2d,  1S47,  nine  days  before 
the  bounty  hind  law  was  passed.  He  served  under  Gen,  Taylor 
on  the  Rio  Grande,  and  was  wounded  at  Palo  Alio,  and  was  pro- 
moled  10  a  sergeanlcy  for  his  gallant  cnmluct  in  capturing  two 
armrd  musicians,  and  carrying  tlicin  into  camp.  A  liihogtaph  of 
this  feat  is  among  the  papers  now  prcseiued  with  the  resolution. 
He  was  uoarmed,  but  discovered  them  a  Utile  distance  from  their 


arms — seized  their  arms — levelled  a  gun  at  them  and  forced  them 
to  march  before  him  as  his  prisoners.  I  learn  that  there  are  other 
cases  of  meritorious  soldiers,  who  were  in  the  battles  prior  to  tha 
passage  of  this  law,  but  because  of  their  discharge  before  tho  law 
was  passed,  they  are  denied  bounty  lands.  I  have  bad  some  conver- 
sation with  two  members  of  the  Military  Committee,  the  Senator 
from  New  York,  (Mr.  Dix.)  and  the  Senator  from  Mississippi, 
(.Mr.  Davis,)  on  the  propriety  of  a  general  reinedial  law  to  meat 
those  oases,  and  I  trust  the  attention  of  the  Military  Coramittos 
will  be  directed  to  the  subject. 

The  re'soltttion  was  considered  by  unanimous  consent  and 
agreed  to. 

MILITARY    ASYLUM. 

Mr.  DAVIS,  of  Mississippi,  from  the  Committee  on  Military 
Affairs,  re|  ortcd  a  bill  to  provide  for  a  Military  Asylum  for  tha 
relief  and  support  of  invalid  soldiers  of  the  army  ol'  the  United 
Slates  ;  which  was  read  and  passed  to  the  second  reading. 

PRIVATE    BILLS. 

Mr.  RUSK,  from  the  Committee  on  Military  Affairs,  to  whom 
was  referred  tho  petition  of  David  Wilkinson,  .submitted  a  report 
accompanied  by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  WESTCOTT,  from  the  Committee  of  Claims,  to  whom 
were  referred  the  bills  from  the  House  of  Representatives  for  the 
relief  of  Bennett  M.  Dell;  for  the  relief  of  Stalker  and  Hill;  and 
for  the  relief  of  Reuben  Perry  and  Thomas  P.  Ligon,  repotted 
them  without  amendment. 

REPORT  FROM  THE  COMMITTEE  ON  PBI.STWO. 

Mr.  CAMERON,  from  the  Committee  on  Printing,  to  whom 
were  relcned  the  motions  to  print  the  memorial  of  Samuel  0. 
Raid,  and  tho  memorial  of  Robert  C.  Rojer!..  reported  against 
printing    the  same. 

RECONSIDERATION. 

Mr.  BENTON  moved  to  reconsider  tho  vote  of  yesterday  agree- 
ing  to  the  resolution  authorizing  Mr.  Palmer  to  make  certain  al- 
terations and  additions  in  his  memoir,  ordered  lo  be  printed;  which 
was  agreed  to. 

On  motion  by  Mr.  BENTON,  it  was 

Ordered,  That  the  resolution  be  referred  to  the  Committee  on 
tha  Library. 

RECOM.MITTAL. 

On  motion  by  Mr.  DIX,  it  was 

Ordered,  That  the  report  of  tho  Committee  on  Pensions  on  tha 
memorial  of  Francis  O.  Dorr  and  Andrew  C.  Dorr,  be  reoommii- 
ted  to  said  Comrailtco. 

-       .  MESSAGE    FRO.M    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  olcrk  : 

Mr.  Presiilenl  :  The  President  of  the  United  States  has  officially  notified  the  House 
of  Representatives  that  he  has  approved  and  signed  the  joint  resolution  telauve  to  the 
evidence  which  sliall  be  satisfactory  on  application  for  bounty  land. 

The  Speaker  of  the  House  of  Represenlativei  having  signed  ts^'o  enrolled  billi,  I 
am  directed  to  bring  them  to  the  Seoale  lor  the  signature  of  tlieir  President. 

SIGNING    or    BILLS. 

The  VICE  PRESIDENT  signed  the  enrolled  bill  entitled  ".\n 
act  to  remit  the  duties  on  books,  maps,  and  charts  imported  for 
the  use  of  ihe  Library  of  Congress,"  and  "An  act  m  addition  to 
an  act  fur  the  relief  of  Walter  Loomis  and  Abel  Gay,  approved 
July  2d,  1836." 

CALIFORNIA    CLAIMS. 

On  motion  by  Mr.  C.-VSS,  the  prior  orders  were  postponed,  and 
the  bill  for  ascertaining  and  paying  Ihe  California  claims,  was 
read  tho  second  time  and  considered  as  in  Cummitleo  of  tha 
Whole. 

Mr.  CASS. — The  facts  connected  with  this  subject  have  long 
been  before  the  Senate.  A  detailed  report  containing  them  has 
been  laid  before  us,  oonsistin"  o(  evidence  collected  from  persons 
now  here,  who  resided  in  California  at  the  time  wlien  the  iransao- 
tions  out  of  which  these  claims  grow  were  taking  place,  and  some  of 
them  performing  important  pans  in  those  transactions.  You  will 
recollect  that  a  very  small  military  and  naval  force  at  the  com- 
menceraenl  of  the  war  took  possession  of  and  overrun  the  country; 


March  28.] 


THE  LOAN  BILL. 


419 


Commodore  Stockton  having  the  command  of  the  naval  forces,  and 
Lieutenant  Colonel  Fremont  of  the  military.  By  the  most  prompt, 
patriotic  and  brave  acts  the  whole  country  was  taken  possession 
of,  acts  iii£;hly  credita'ile  to  the  American  name.  The  forces  em- 
ployed were  small  hut  they  received  etfioient  aid  from  the  Ameri- 
can citizens  who  resided  there.  It  was  all  done  without  authority 
from  the  government  by  our  forces,  wiih  the  conscientious  coope- 
ration  of  the  Americans  residing  there.  These  claims  embrace  seve- 
ral very  distinct  heads  and  the  payment  ol  some  of  them  has  been 
guaranteed  by  Col.  Frenmnt.  Only  twenty-two  thousand  dollars  of 
the  funds  of  the  government  were  disbursed  during  ihe  period  of  all 
these  transactions,  lor  all  the  rest  th"  gdvernment  is  per- 
sonally responsible.  The  whole  amount  payable  to  these  patriotic 
Americans  who  enrolled  themselves  under  our  banners  and  took 
part  in  the  proceedings  remains  due.  Besides  this,  for  the  monies 
due  for  supplies  furnished,  for  horses  and  for  ammunition,  the  Uni- 
ted Slates  still  remain  indebted.  That  country  is  ilisiant  and  the 
people  who  hold  these  claims  have  acted  in  ihe  most  patriotic 
manner  Such  claims  should  not  be  allowed  to  remain  unsatisfied. 
But  there  is  at  present  no  law  upon  the  subject,  and  the  only  way 
in  which  the  case  can  be  provided  for  is  to  send  a  commission  to 
ascertain  the  amount  of  the  claims,  and  in  the  next  place  to  malte 
compensation.  Independently  of  the  circumstances  which  led  to 
the  conquest  and  possession  of  the  country,  facts  have  been  devel- 
oped relating  to  land  grams — those  which  aro  vastly  important. 
It  will  be  seen  by  looking  over  the  documents  that  they  were  about 
to  grant  away  their  v.-hole  country  to  keep  it,  as  they  said,  from 
the  iMethodist  wolves.  I  do  not  know  that  it  is  necessary  for  me 
to  detain  the  Senate  by  entering  into  particulars.  There  has  been 
a  very  minute  investigation  by  the  committee,  and  as  many  as 
twenty  witnesses  have  been  examined,  all  of  whom  were  eonvor- 
sant  with  the  transaetions  and  who  have  revealed  every  fact  con- 
nected with  them.  And  really  it  will  be  found  that  some  of  the 
braves:  exploits  that  have  ever  been  performed,  have  been  achieved 
there.  As  to  Colonel  Fremont,  some  of  his  achievements  have 
been  of  the  most  romantic  character,  and  characterized  by  the  ut- 
most promptitude  and  bravery. 

On  motion  by  Mr.  DIX,  it  was 

Ordered,  That  the  further  consideration  of  the  bill  be  postponed 
until  to  morrovr. 

THE   LOAN   BILI.. 

The  Senate  resumed  the  consideration  of  the  bill  to  authorize  a 
loan  not  to  exceed  the  sum  of  sixteen  millions  of  dollars. 

Mr.  PHELPS. — There  are  three  aspects  in  which  this  subject 
of  the  finances  maybe  regarded,  three  propositions  to  be  an- 
•wered,  three  different  results  to  be  ascertained.  One  inquiry  is, 
how  do  our  expenditures  compare  with  our  income  ?  Secondly, 
what  is  the  condition  of  the  treasury  with  reference  to  all  its  obli- 
pations  and  all  its  resources  ?  And  thirdly,  what  are  the  availa- 
ble means  of  the  treasury  to  meet  the  current  expenditures  ? 

In  endeavoring  to  answer  these  various  questions,  calculations 
are  made  which  are  apparently  inconsistent  with  each  other,  and 
hence  frequently,  difficulty  and  embarrassment  arise  in  the  inves- 
tigation of  the  subject.  I  shall  not  enter  into  a  general  examination 
of  the  •ubjeoi,  but  shall  confine  myself  to  the  points  which  have 
been  presented  by  my  honorable  friend,  the  chairman  of  the  Com- 
mittee on  Finance. 

Amongst  the  suggestions  presented  is  this  :  what  row  is  the 
amount  of  the  national  debt  ?  The  subject  was  discussed  to  some 
extent  yesterday  by  my  honorable  friend  from  Connecticut,  and 
the  honorable  chairman  of  the  Committee  on  Finance.  I  beg 
leave  to  remark  in  the  outset,  that  this  is  a  point  not  susceptible 
of  being  precisely  ascertained.  The  amount  of  our  public  debt  is 
uncertain.  We  can  only  approximate  to  the  amount.  We  may. 
indeed,  ascertain  its  minimum,  but  its  maximum  must  be  deter- 
mined hereafter.  I  have  made  somo  caleulaiions  on  this  subject, 
and  I  ask  the  attention  of  the  Senate  whilst  I  present  theiti  as 
briefl"  and  clearly  as  may  be  in  my  power.  I  have  made  two 
calculations,  very  simple,  and  easily  comprehended.  In  the  first 
place  I  set  down  the  balance  in  the  treasury  on  the  1st  of  July, 
1846,  regarding  that  period  as  the  commencement  of  the  war,  and 
taking  no  notice  of  any  war  expenses  anterior  to  that  date.  The 
balance  amounted  to  $9,126,439  OS.  I  find  that  in  the  fiscal 
year,  1846  and  1847,  the  secretary  reports  that  he  derived 
from  loans  S25,679,199  45.  In  the  vear  1847  and  1S4S, 
he  derives  from  the  same  source  S13,200,372  55.  Thus,  then, 
we  have  the  balance  in  the  treasury  at  the  commencement  of  the 
war,  and  the  loan  for  the  two  year's  between  June  1846,  and  June 

1845,  to  which  I  add  the  amount  to  be  raised  by  the  present 
bill  of  sixteen  millions,  and  also  the  million  and  a  half  which  was 
explained  to  the  Senate  as  a  deficiencv  originating  in  consequence 
of  an  error  in  the  estimate  of  the  department.  The  publio  del  t 
existing  previous  to  the  commencement  of  the  Mexican  war, 
amounted  to  sixteen  and  a  half  millions.  We  have  thus  run  be- 
hind hand,  to  use  a  homely  phrase,  to  the  amount  of  $82,0l)0.0C0 
To  this  I  add  the  sum  of  twenty  millions  on  the  supposition  that 
the  prosecution  of  our  claims  for  indemnity  against  Mexico  mav 
result  in  an  expenditure  to  that  amount.  That  sum  amounts  in 
the  aggregate  to  one  hundred  and  two  millions  in  round  numbers. 
Deducting,  however,  the    balance  in  the  treasury  on  the  1st  July, 

1846,  we  have  $92,855,000  81  of  unliquidated  debt  in  the  form  of 
loans  in  stocks,  and  loans  indirectly  by  the  use  of  treasury  notes. 
That  the  debt  is  bs  much,  cannot,  I  think,  be  questioned.    How 


much  more  it  is  likely  to  be.  is  another  question.  The  honorable 
Senator  from  Connecticut  added  five  millions  for  the  great  variety 
of  expenditure  in  connexion  with  our  military  operations,  not  in- 
cluded in  the  estimated  expenditures,  and  which  cannot  be  esti- 
mated beforehand  with  any  sort  of  precision.  I  think  that  he  estimates 
these  expenses  too  low,  that  h^  is  on  the  safe  side.  Adding  the 
five  millions,  however  they  will  swell  the  amount  to  ninety  eio-ht 
or  nearly  ninety  nine  millions  as  estimated  by  the  honorable  Sena- 
tor from  Conneciicut,  though  his  estimate  was  made  upon  a  dif- 
ferent basis  altoeethcr.  He  took  the  expenditure  and  compared 
it  with  the  revenue  assuming  the  excess  of  the  former  as  the  basis 
of  his  calculations.  I  have  taken  a  ditferent  course.  I  have  taken 
the  formal  debt  and  arrived  at  the  same  conclusi.m  almost  as  that 
reached  by  the  Senator  from  Conneciicut.  1  have  taken  iho  lib- 
erty to  add — looking  forward  to  the  termination  of  this  war  at 
somo  period  or  another — the  estimated  deficiency  for  the  coming 
Tear,  which  the  Secretary  of  the  Tre^isury  reports  at  twenty  mil- 
lions, giving  us  a  debt  tif  at  least  one  hundred  and  thirieen  mil- 
lions. This,  I  repeat,  is  the  minimum  of  the  debt  j  what  its  max- 
imum will  be  no  one  can  tell. 

I  now  take  another  mode  of  calculation.     The  Secretary  of  tho 
Treasury  reports  the  public  debt  on  the  first  of  December  Inst,  at 
forty  five  millions  six  hundred  and  fifty  nine  lliousaiid    dollars.     In 
this  amount  he  does   not   include   the'  authority  to  borrow  money 
whieh  he  already  possessed,  and    which  le  reporis  to  us  under  tho 
head  of  loans  available,  at  iorty  two   millions.     Then  there  is  the 
loan  authorized  by  ihis  bill  and  other   difference  of  one  and  a  half 
millions  lo  which  I  have  already  alluded.     To  ihatadd  the  twenty 
millions  to  be  paid   for   getting   out   of  this    Mexican    war  and  it 
gives  us  an  amount  of  one  hundred    and   seven  millions.     Now  if 
there  is  any  item  in  these  calculations  that  is  subject  lo  cavil,  it  is 
that  of  the  twenty  millions  of  estimated  deficiency  for  the  crminjf 
year.     It  may  be  more,  but  certainly  it  will   not  be  presumed  that 
It  will  le  less.     Let  me  here  advert  to  a  consideration  all  import- 
ant in  connexion  with  this  snbjci  t,  that  this  estimate  dees  not  em- 
brace thooriginal  debt  which  lia-.  been  liquidated.   It  embraces  only 
the  amount  of  debt  whi.-h  we  l.ave  put  in  the  shape  of  permanent 
debts.     Whether  we  have  provided  for  all  is   another  and  vei  v  se- 
rious question.     Who  can  lell  the  amount  of  floating  unli([uidaied 
debt  ?     Who  can  tell  the  amount  of  debt  to   be  added  to  this  sum 
when  we  come  to  close  up  our  accounts  and   allow  all  the  various 
indescribable  claims — superin  iuced  by  this  war — 'hat  must  finally 
be  presented  ?     We  have   no  assurance   that   with   respect  to  iha 
amounts  which  I  have   mentioned   of  one  hundred  and   seven  rail- 
lions — or  one  hundred  and  thirteen  millions  if  you  please — that  the 
means  thus  raised  on  the  credit   of  the   government  will  be  suffi- 
cient.    We  have  pa.'-sed  a  bill  for  raising  ten  regiments  of  regu- 
lars but  not  a  cent  of  the  expense  has  been   embraced  in  the  esti- 
mates.    All  these  calculations  are  made  on  the  expenditures  esti- 
mated.    And  yet  we  have  passed  a   bill   for  raising   ten  thousand 
men,  the  expense  of  which  is  to   be   added    to    these  calculations. 
Are   these    troops  to  be  authorized  now  with  a  view  of  being  dis- 
banded during  the  current  fiscal  year  ?     Do  we  want  five  thousand 
men  to  be  raised  between  this  tiine  and  the  30th  July  next?  If  these 
troops  are   raised  there  is  not  only  tlie  expenditure  of  the  current 
fiscal  year,  but  other  exjienditures  of  the  coming  year  to  be  added. 
Then  wo  have  followint-;  upon  the  heel  of  the  ten  regiment  bill  an- 
other bill  authorizing  the  raising  of  twenty  thousand  voluniecrj.— 
Here,  then,  are  thirty  thousand  men  to  be  raided  in  addition  to  our 
present  military  force,  and  not  one  cent  of  this  contemplaied  ex- 
penditure  has  entcrtd  into  the  calculations  of  the  Treasury  De- 
pHrtment.     That  is  not  all  ;  a  great  variciy  of  expenses  arc  not  in- 
cluded.    These  Ian, I  bo.mues  that  we  have  in  our  generosiiy  pro- 
vided must  be  included.     Then   we  have  the  pensions  to  grow  out 
of  this  Mexican  wnr,  and  the  miscellaneous  clai.i.s  growing  out  of 
other  operations,  quarter-master  and  subsistence  departments.— 
l.osses  also  of  public  |  r.iperty.  claims  lor  private  property   lust; 
and  who  can  estimate  tiie  amount  of  these  expei.ditures  ?    I  found 
up m  my  desk  the  other  raorniug  a  report  upon  a  claim  of  an  indi- 
vidual, .vho  had  served  in  this  Mexican  war,  giving  him  indemnity 
lor  goods  and  chattels  lost  ;  and   I   found  in  the  inventory  of  bii 
property  which  had  thus  been  lost;  I  suppose  winter  ilothing,  C'  lion 
shirts,  and  boots  and  shoes  which   he  had  carried  vviih  bim  to  tha 
field,  which  had  been  lost,  and  for  which  he  desired  compensation. 
If,  then,  we  are  going  to  the  extent  of  paying  for  all  the  old  booti 
and  shoes  and  cotton  shirts  that  may  be  lost  in  this  Mexican  cam- 
paign, I  think  that  we  sliall  add  very  laigely  to  the  amount  ol  ray 
statement   of   these  miscellaneous  c  aims.     A  greai  many  horses 
have  been  lost,  and  as  I  h.ive  had  to  deal  with  tbe  claims  for  hor- 
ses   lost  in  our  Indian  wars  from  the  time  1  first  had  the  honor  of 
taking    a   seat  in  this  Senate  to  the  present  d.iy,  I  can  safely  say 
that  these  campaigns  are  the  best  markets  for  horses  in  the  Wi'rld. 
Would  to  heaven  my  con^litupnls  could  find  half  as  good  amaiket 
for  their  horses  and  mules  !     When  we  come  to  estimate  all  these 
claims    with   that   degree  of  liberality  which  seems  to  be  now  in 
contemplation,  1  think  that   it  \%ill  bo  found  no  smuU  addition  will 
be  made  to  the  amount  of  the  public  debt  growing  out  of  this  Mex- 
ican war.     If  the  government  can  find  any  capitalist  ready  to  aj- 
suoie  the  obligation  of  the   public  debt,  estimating  it  at  one  hun- 
dred  mifions  'f  dollars  at  this  moment,  I  think  ihey  should  com- 
promise with  him   imm.  diatelv  and  accept  his  offer.     In  my  judg- 
ment the  public  debt  at  this   time  is  nearer  on.^  hundred  and  titty 
millions  than  one  hundred   millions.     Thus,  I  can  give  you  no  de- 
tails, only   that  there  lies  beyond  a   flood  of  claims,  that  probably 
never  will  be  really  ascertained  until  our  places  ba  taken  by  other 
men.    I  leave  that  subject. 


420 


THE  LOAN  BILL. 


[Tuesday, 


My  object  now  is  to  approach  an  important  question  referred  to 
by  the  Senator  from  Connecticut — how-  is  this  debt  to  be  met  ? 
This  is  now  tlie  great  inquiry.  Before  proceeding  to  the  discus- 
sion of  that  point,  however,  let  me  allude  for  a  moment,  to  the  ac- 
cusation made  by  the  honorable  Senator  from  New  Hampshire,  in 
relation  to  some  mistakes  which  he  alleged  the  Senator  from  Ver- 
mont had  made,  in  the  estimates  which  he  submitted  some  weeks 
since.  The  first  of  these  mistakes  is  said  to  consist  in  this:  The  hon- 
orable Secretary  of  the  Treasury,  furnishes  an  estimate  at  the  com- 
mencement of  the  session,  of  ten  millions  in  the  deficiency  of  the  ap- 
a.prpriations  for  the  current  year.  I  became  satisfied,  after  some  in- 
vestigation, that  by  an  oversight  this  difference  of  ten  millions,  had 
not  been  included  in  the  general  estimate  of  our  expenditures.  It 
is  now  said,  I  was  in  error  in  that  statement.  Be  it  so,  I  'am  not 
disposed  to  go  into  any  calculations  to  settle  the  question,  but  I 
am  rather  disposed  to  go  into  an  adjustment  of  the  error — a  cor- 
rection of  the  mistake — now.  After  having  sailed  amidst  the 
mists  and  fogs  of  Newfoundland  upon  this  subject  for  some  time 
past,  if  the  moment  has  arrived  when  new  observations  can  be 
taken,  and  our  latitude  and  longitude  ascertained,  I  am  very  ready 
lo  correct  our  reckoning.  How  then  does  this  matter  stand  ?  In 
the  first  statement  which  I  presented  to  the  Senate  on  a  former 
occasion,  I  included  the  addition  to  the  estimated  expenditures,  but 
in  correcting  the  error,  it  became  proper  to  correct  errors  on  the 
other  side,  and  thus  endeavor,  if  possible,  to  obtain  an  accurate  re- 
sult. If  I  have  been  in  error,  I  have  erred  in  very  respectable  com- 
pany. Immediately  after  the  annual  report  was  comraumoated  to 
us,  we  were  advised  by  the  honorable  Secretary,  that  a  mistake  of 
about  seven  millions  had  occurred  in  hisgeneral  estimate  of  receipts 
and  expenditures.  How  ?  It  seems  that  by  the  authority  to  issue 
treasury  notes,  this  sum  of  nearly  seven  milliions,  had  been  realized 
by  the  emission  of  treasury  nutes.  It  was  not  entered  on  the  side 
of  receipts;  it  was  omitted,  but  the  Secretary  did  enter  the  bal- 
ance, S6, 285, 000  as  an  available  omission  of  this  loan.  In 
my  first  statement,  I  charged  the  Secretary  with  the  actual 
loan  for  the  year  1846— '47,  and  with  S'6,285,000  as  the 
available  portion  of  the  loan  for  the  year  '47 — '48,  omitting  the 
actual  receipts  from  this  source  of  nearly  seven  millions,  because 
it  was  omitted  in  the  statement  from  which  I  took  my  data.  I 
also  charged  the  Secretary  of  the  Treasury,  with  his  own  estimate 
of  deficiency,  amounting  to  fifteen  millions  and  a  fraction,  as  the 
difference  in  June,  1848.  How  then  did  we  stand?  When  he 
comes  to  correct  the  errors  he  had  received  more  money,  but  his 
deficiency  was  less.  What  then  was  the  proper  mode  of  correc- 
tion ?  He  should  have  deducted  from  the  fifteen  millions  deficien- 
cy, but  added  the  seven  millions  t!)  his  receipts.  The  result  was, 
that  as  the  cash  received,  and  the  deficiency  went  to  the  same 
column,  and  was  the  subject  of  addition,  by  subtracting  the  seven 
millions  from  the  fifteen,  and  adding  it  to  the  same  column  as  a  sepe- 
rate  Item,  it  would  have  made  the  same  result  precisely.  The  re- 
sult which  I  brought  out  at  that  time,  as  the  excess  of  expendi- 
tures over  the  income,  was  $56,820,000.  These  calonlations  were 
made  before  the  error  was  discovered  by  the  Secretary,  and  when 
advised  of  the  error,  I  deducted  seven  mdlions,  and  thus  the  re- 
sult was  $49,820,000. 

What  next  ?  We  are  told  that  the  deficiency  in  the  ap- 
propriations, instead  of  being  ten  mUlions,  was  fourteen  mil- 
lions. Another  mistake !  The  Secretary  wanted  four  mil- 
lions more.  I  charged  him  with  that  amount  and  thus  the 
balance  was  turned  the  other  way.  His  mistake  of  seven  mil- 
lions, in  giving  the  amount  of  cash  received  and  expended, 
and  the  additional  excess  of  four  millions  in  under  estima- 
ting the  expenditures  of  the  current  year,  gives  us  seven  millions 
as  an  offset  against  the  calculations  of  ray  friend,  and  thus  it  turns 
out  by  this  correction  that  the  estimate  I  then  made  should  be  in- 
creased one  million,  notwithstanding  this  supposed  error  on  my 
part.  I  have  no  objection  to  correct  errors — certainly  none  rela- 
ting to  the  department — and  I  can  have  no  sensibility  about  the 
commission  of  errors  growing  out  of  the  inaccuracy  of  the  data 
with  which  I  am  furnished.  It  is  apparent,  sir,  fnnn  all  the  ex- 
amination which  I  have  been  able  to  give  this  subject,  that  the 
Committee  on  Finance  is  groping  in  the  dark,  and,  what  is  infi- 
nitely worse,  that  the  treasury  department  itself  is  at  fault.  Cor- 
rection after  correction  is  made  in  the  annual  reports  upon  which 
we  usually  rely.  Nevertheless  I  do  hope,  sir,  that  the  department 
will  continue  to  correct  its  errors  as  readily  as  I  myself  correct  any 
into  which  I  am  betrayed  by  their  inaocuraoies. 

There  is  another  point  upon  which  I  have  a  few  words  to  say, 
and  that  is  in  reference  to  the  revenue  of  the  year  ending  June, 
1847.  I  was  aware  that  live  months  of  the  year  were  under  the 
JarifTof  1842,  and  that  seven  months  were  under  the  tariff' of  1846; 
but  I  remember  that  the  continued  operation  of  the  new  tariff', 
which  was  passed  in  July,  and  the  warehousing  system,  passed  at 
the  same  time,  threw  back  the  income  of  the  residue  of  the  year 
beyond  the  first  of  December.  In  prooi' of  tiiat,  I  have  advertetl 
to  the  extraordinary  fall  of  the  revenue  from  the  jiassage  of  that 
law.  The  decrease  was  at  the  rate  of  one  million,  two  hundred 
thousand  dollars  per  month.  I  am  told  that  I  attributed  that  to 
the  operation  of  the  warehousing  system,  and  it  turns  out  by  an 
examinationof  the  warehouse  that  goods  did  not  aceuniuhite  therein. 
Well,  now,  what  is  the  result?  They  were  not  imported,  and  it 
is  unimportant  to  my  purjiose  whether  imported  or  not.  The  fact 
stated  by  the  chairman  is  entirely  unimportant. 

But  the  third  error  is  in  relation  to  the  estimates  of  the  receipts 
from  customs.  This  is  an  important  consideration  for  us  all.  It 
is  all  imoorlant  that  wo  should  know  upon  what  estimates  we  can 


rely  in  relation  to  the  income  from  this  source  and  whether  these 
estimates  have  been  correct  or  not.  Certainly  it  is  highly  impor- 
tant to  us  to  know  in  what  position  we  stand,  and  upon  what  basis 
we  proceed.  In  my  estimate  I  put  down  the  revenue  for  the  cur- 
rent year  from  this  source  at  twenty-four  millions.  I  arrogate  to 
myself  no  gift  of  prophecy.  I  made  the  estimates  upon  conditions 
which  were  satisfactory  to  myself,  and,  I  hoped,  such  as  would  be 
satisfactory  to  others.  But  I  am  told  that  the  probability  is  that 
the  result  at  the  close  of  the  year  will  falsify  my  predictions  Sir. 
I  deny  the  possibility  of  such  a  result.  My  statement  was  founded 
upon  the  assumption  that  this  war  was  to  continue.  I  reduced  the 
estimate  upon  the  ground  that  the  eff"ect  of  this  war  would  be  to 
embarrass  the  country  and  repress  the  activity  of  business  opera- 
tions. I  declared  at  the  time  that  if  this  war  could  be  closed  the 
commercial  business  and  finances  of  the  country  must  revive. 
Now  the  country  is  already  satisfied  that  the  war  is  closed.  No- 
thing in  mv  judgment  would  more  truly  astound  the  country  than 
to  learn  that  this  war  was  to  be  revived  The  apprehensions 
ffrowing  out  of  a  state  of  war  have  been  removed.  The  pressure 
is  removed,  the  prospects  of  the  money  maiket  ore  improving. 
Thus  the  very  state  of  things  is  presented  for  which  I  made  pro- 
vision in  my  calculations  with  respect  to  the  future  condition  of  the 
finances.  There  cannot,  then,  he  any  falsification  of  my  prediction, 
if  the  finances  of  the  country  should  improve. 

But  there  is  another  consideration  worthy  of  attention.  It  is 
said  by  the  chairman  of  the  committee  that  we  have  already  re- 
ceived the  amount  which  was  estimated  as  the  receipts  of  the 
whole  year.  I  admit  very  frankly  that  I  did  not  take  that  into 
consideration  in  my  calculations.  I  relied  upon  the  usual  course  of 
trade,  the  wants  of  the  country,  the  demand  for  foreign  goods,  and 
the  ability  of  the  country  to  jiay  for  them.  But  the  e.\treme  des- 
titution in  Europe  has  interfered  with  the  usual  operation  of  those 
laws  of  trade.  The  commercial  distress  in  England,  the  individ- 
ual embarrassments,  the  bankruptcies  that  have  taken  place  in 
that  country,  have  flooded  us  with  their  manufactured  articles 
which  are  poured  into  this  market  to  be  sold  at  any  sacrifice; 
whilst  at  the  same  time  we  have  been  enabled  to  obtain  an  un- 
usually extended  market  for  our  agricultural  productions.  But  it 
is  quite  certain  that  although  a  temporary  stimulus  to  importations 
has  been  given,  there  must  of  necessity  be  a  corresponding  declina- 
tion and  falling  off"  in  the  importations,  and  of  course  the  receipts 
from  customs  must  be  diminished  in  the  same  pioportion.  AV^hilst 
thinking  upon  this  subject,  having  imposed  upon  myself  the  duty 
of  addressing  the  Senate,  a  New  York  paper  came  to  hand,  con- 
taining an  arucle  from  which  I  beg  leave  to  read  a  few  extracts. 
Speaking  of  the  foreign  dry  goods  market,  and  of  the  effect  of  re- 
cent information  from  Europe,  the  writer  proceeds  : 

"  We  do  not  look  tor  any  dfci4ed  improvement  in  tiie  demand  ;or  either  foreign  or 
domestic  gooi's  until  next  spring.  At  tlie  pre-ent  lime  ihe  large  stocks  on  liand  not 
only  erip|iles  Ilie  country  merchant  in  liis  spring  puruh.ises,  but  are  mostly  fti/f  goods, 
and  of  conrse  will  go  very  sar  to  lessen  his  wants  next  fall.  Under  the  exisTinp  stale 
of  our  market:!  v.e  think  it  would  be  a  most  suicidal  course  to  attempt  to  import  or  send 
any  goods  to  our  market  except  such  as  are  saleable  at  all  times — and  shipment,  even 
of  ttCie  sliould  be  deterred  nntil  the  present  excess  has  found  vent,  as  every  r^cic  ipii-n 
of  goods  al,  the  liist  price  current  from  Manchester  would  nctt  a  loss  at  Uie  rij.ng  piices 
in  our  market. 

"  On  Thursday  auction  sales  of  cloths  were  made  at  ininous'y  low  prite;,  in  fact 
we  never  have  seen  them  sell  as  low;  but  as  bad  as  it  was  we  do  not  tl  ink  that  pur- 
chasers could  be  found  for  duplicates  at  the  same  p-iee.  Fewer  of  our  jobbers  wilt 
give  orders  we  think  for  the  coming  season,  jireferring  to  wait  and  watch  the  course  of 
events.  Some  have  been  a  little  scorched  last  season,  and  have  come  to  the  conclu- 
sion that  it  is  better  to  purchase  their  goods  when  they  want  them,  than  to  anticipate 
the  demand." 

If  the  market  has  been  thus  glutted,  how  can  we  anticipate 
fresh  importations  from  which  the  revenue  of  the  last  quarter  has 
to  be  swollen  to  the  amount  received  in  the  former  part  of  the 
year.  If  the  slightest  reliance  is  to  be  placed  upon  this  article, 
which  comes  from  a  respectable  source,  it  admonishes  us  not  to 
place  reliance  upon  a  continuance  of  importations;  and  there  is 
another  consideration  which  I  do  not  wish  to  discuss  at  length,  but 
to  which  I  inav  bo  permitted  to  allude.  It  was  presented  by  the 
Senator  from  Connecticut,  and  it  is  that  our  exports  have  wonder- 
fully fallen  off.  The  exportations  of  breadstuflfs  have  been  reduced 
almost  to  nothing;  and  the  price  of  cotton  also  has  greatly  declined. 
With  this  declination  of  exports,  how  are  we  tcontinue  our  enoi' 
mous  importations  ?  I  do  not  wish  to  dwell  upon  this  topic;  it  re- 
quires no  elucidation,  unless  indeed  it  is  necessary  to  combat  the 
absurdity  that  national  economy  consists  in  increasing  its  old 
debts.  Our  exportations  must  regulate  our  means;  our  means 
shoidd  regulate  our  importations.  In  my  judgment,  the  honorable 
Secretary  has  no  reason  to  congratulate  himself,  nor  the  country 
to  congratulate  itself,  in  the  present  state  of  things.  No  stale  of 
affairs  could  be  worse;  no  possible  condition  of  our  commerce  could 
be  worse  than  that  created  by  an  excessive  importation  of  foreign 
goods.  If  there  is  anything  that  carries  in  its  train  disarrange- 
ment in  the  business  of  the  country — prostration  of  its  commerce, 
and  depreciation  of  its  property,  private  bankruptcies  and  public 
embarrassment — it  is  precisely  the  present  condition  of  things. — 
The  revulsion  of  '30  was  the  result  of  similar  causes.  A  revenue 
derived  liom  such  a  state  of  our  commerce,  is  not  reliable. 

The  present  state  of  public  affairs  on  the  continent  is  also  emi- 
nently worthy  of  consideration  in  its  bearings  upon  our  financial 
and  comtnercial  prosperity.  Events  may  suddenly  arise  ciianging 
the  whole  aspect  of  our  commercial  affairs.  My  estimates  were 
formed  upon  the  supposition  that  the  war  with  Mexico  was  to  con- 
tinue. If  my  anticipations  bo  disappointed  of  course  different 
results  may  be  expected.  We  are  now,  as  the  country  hope,  at 
peace  or  soon  shall  be.  This  will  have  its  effect  upon  the  busi- 
ness of  the  country.     There  are  some  other  topics  connected  with 


March  28.] 


THE  LOAN  BILL. 


421 


this  suljieot  to  which  I  cannot  here  more  than  allude.  The  report 
of  the  Secretary  is  replete,  not  only  with  financial  inlormation,  but 
a  mi<>-hty  mass  of  theory  upon  the  general  subject  of  political  ecoii- 
omy°    or  course,  I  shall  not  pretend  to  follow  hinunto  that  held. 

But  there  is  one  topic  to  which  I  must  allude.  It  seems  to  be  a 
imitier  of  surprise  that  a  revolution  should  take  place  m  Europe 
witliuut  affecting  this  country.  But  do  we  not  know  that  hereto- 
fore we  have  been  in  debt,  and  that  pressure  there,  of  necessity,  pro. 
duoed  pressure  here,  we  standing  in  the  relation  of  debtors.  But  tno 
pressure  created  in  Europe  by  a  famine  produced  an  enormous  de- 
mand for  our  breadstuffs,  and"  money  of  course  went  into  our  pock- 
ets. It  is,  then,  not  at  all  wonderful  that  embarrassment  in  Eu- 
rope, instead  of  affecting  us  injuriously  ashcretoiore,  has  operated 
to  our  advantage.  The  circumstance  explains  itsoll.  But  I  shall 
proceed  no  further.  1  have  thus  glanced  in  a  cursory  manner  at 
various  points  presented  in  the  remarks  of  the  honorable  chairman 
of  the  Committee  on  Finance,  and  I  can  only  say,  by  way  ol  apol- 
o"izin(v  for  the  time  which  I  have  consumed,  that  the  examination 
of  our"  own  finances  and  the  investigation  ol  our  own  national 
economy  is  worth  infinitely  more  than  all  the  paltry  party  ques- 
tions up'on  which  two-thirds  of  our  lime  is  wasted. 

Ordered,  That  the  aineiidraents  be  engrossed  and  the  hill  read 
a  third  time. 


The  said  bill  was  read  a  third  time. 

On  the  question  "  Shall  this  bill  pass  ?"  Mr.  HALE  demanded 
the  yeas  and  nays,  which  were  ordered  and  taken  witli  the  follow- 
ing result  : 

YEAS. — Mmsis.  Allen,  .\'ihley,  AlcliUon,  Alherlon.  Bagby,  Bfll.  Berripn,  Breeso. 
Riill'^r.  (-ameron,  Davie,  of  Massachusetts,  ilavii.  of  Mi«ivsipi>i.  D3>ion,  Dickin',ou, 
Dix  DoHfflas, Downs,  Footi-.  Hannegan.  Houston.  Ilunler.  JoliniOn.  of  Maryland, 
Joiinson,  of  Gooriria,  Lewis.  Maniruni,  Miller,  Moor.  Niles,  Phelps,  Sproanee, 
Turney.   ITnderwooiI,  W'est--oU.  ami  Yulee, — :14. 

N.VYS. — Messrs.  Baldwin,  and  Hale.— '2. 

So  it  was 

nrsoircd,  That  lliis  bill  pass  with  amendments. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  the  amendments. 

EXECUTIVE     SESSION. 

On  motion  by  Mr.  CAMERON,  the  Senate  proceeded  to  the 
consideration  of  Executive  business,  and  after  some  time  spent 
therein, 

On  motion. 

The  Senate  adjourned. 


422 


PETITIONS— RESOLUTIONS,  ETC. 


[Wednesday, 


WEDNESDAY,  MARCH  29,  1848. 


RE60LCTI0N    OF    THE    LEGISLATURE    OF    NEW    JERSEY. 

Mr.  MILLER  presented  a  resolution  passed  by  the  Legislature 
of  the  State  of  Now  Jersey,  in  favor  of  the  enactment  of  a  law  to 
provide  for  the  re-iiiibnrsenieni  of  the  expenses  incurred  by  Wil- 
liam Nupton  and  nlcxnndcr  F.  Arnold  in  raisin;;  a  cinipany  of 
volunteers  to  servo  in  the  Mexican  war  ;  which  was  referred  to  the 
Coinmittee  on  Military  Affairs,  and  ordered  to  be  printed. 

PETITIONS. 

Mr.  HALE  presented  a  petition  of  citizens  of  New  Hampshire, 
prayini  a  rediiclion  of  the  rates  of  posta<;e  on  letters  and  newspa- 
pers ;  which  was  referred  to  the  Committee  on  the  Post  Oflite 
and  Post  Roads. 

Also,  a  pctilion  of  inhaliitants  of  Pennsylvania,  praying  such 
amendment  of  the  Constitiiiion  of  the  United  States  as  will  abol- 
ish slavery  throughout  the  Union  ;  the  motion  to  receive  which 
was  laid  upon  the  table. 

Mr.  DIX  presented  the  memorial  of  tlie  Society  for  the  refor- 
raaiion  of  juvenile  delinquenis  in  the  city  of  New  York,  prayinp 
to  be  released  from  a  judgment  obtained  against  them  by  the 
United  States,  for  the  purchase  money  stipulated  to  be  paid  for 
the  property  now  occupied  by  them  as  a  House  of  Refuge  ;  which 
was  referrfi  to  the  Committee  on  Military  Affairs. 

Mr.  BELL  presented  two  memorials  of  citizens  of  Tennessee, 
and  a  memorial  of  citizens  of  Kentucky,  praying  that  an  appropri- 
ation may  be  made  for  repairing  the  dam  at  the  head  of  Cumber- 
land Island  in  the  Ohio  river. 

Mr.  BELL  having  stated  the  nature  of  the  memorials  said  :  I 
beg  leave  to  add  a  few  rH.marks  in  explanation  of  the  importance 
of  immediate  consideration  beins  given  to  this  memorial.  The 
dam  to  which  the  memorial  alludes  was  constructed  at  ihe  ex- 
pense of  the  general  government  about  fifteen  years  ago,  and  for 
some  time  it^answered  the  purpose  for  which  it  was  designed. 
About  three  vears  ago,  however,  a  breach  was  made  in  the  dam 
near  the  head  of  Cumberland  Island,  which  occasioned  much  incon- 
venience and  caused  very  great  losses  of  properly,  perhaps  more 
than  it  would  have  cost  to  reiiair  the  dam.  But  the  late  freshet 
in  the  Ohio  river  has  enlarged  the  breach  to  such  a  degree  as  to 
threaten  to  put  a  stop  to  navigation  altogether  during  aponion  of 
the  year,  and  to  render  the  navigation  exceedingly  dangerous  du- 
rin"  the  remaining  portion.  By  the  employment  of  light  draught 
steamers,  of  late,  the  river  has  been  considered  navigable  tliroush- 
out  the  whole  year,  although,  since  this  breach  occurred,  it  has 
never  been  entirely  safe  ;  and  now,  unless  it  be  repaired,  it  is  ex- 
pected that  a  total  stop  will  be  put  to  the  navigation  except  at 
the  cost  of  reshipment.  Now,  the  interest  that  I  represent  is  only 
a  small  part  of  the  interests  which  are  involved  in  this  matter.  It 
extends  only  to  the  navigation  of  the  Cumberland,  or  at  least,  to 
tlie  valley  ilrained  bv  the  Cumberland  river,  and  although  that  is 
great  of'  itself— amounting  to  many  millions  of  dollars  in  the 
course  of  the  vear — yet  that  interest  is  small  in  comparison  w-ith 
that  which  exists  in  all  that  country  which    is  drained  by  the  Ohio 

fiver which  sustnins  great  iniuiy   on  account  of  this  impediment 

of  the  navigation  in  certain  stages  of  the  waier.  And  I  beg  leave 
to  call  the  attention  of  the  Senators  who  represent  Illinois.  Indiana 
and  Ohio  to  this  subject.  A  dam  was  constructed,  as  I  have  said, 
at  the  head  of  Cumberland  Island  extending  across  to  the  Illinois 
shore  intendins;  to  throw  the  channel  to  the  left  of  the  island  on 
the  Kentucky  side.  In  consequence  of  the  breakage,  however,  the 
whole  object  is  entirely  lost  ;  Imt  there  is  a  narrow  strait  through 
which  every  boat  has  to  run  the  gauntlet.  I  am  told  that  a  single 
boat  during  the  last  season  was  damaged  to  the  amount  of  two 
thousand  dTillars,  having  to  tranship  her  cargo.  Many  b(iats  have 
been  wholly  lost.  I  can  speak  with  some  feeling  in  regard  to  this 
matter  having  been,  on  one  occasion,  on  board  a  boat  which,  in 
makin"  that  passage,  stuck  fast  lor  several  hours  and  we  were  sus- 
pended as  it  were  between  life  and  death,  it  being  a  donbilul  mat- 
ter whether  the  boat  would  hold  together.  It  was  cold  and  siormy 
w-eather  -at  the  time,  and  if  the  steamer  had  gone  to  pieces  the 
probability  is  that  no  person  w  ho  was  on  board  would  have  reached 
the  land  alive.  ,  .  ,  

I  am  aware  of  the  difTiculty  which  surrounds  the  subject,  but  I 
think  that  when  it  is  examined  it  will  be  found  that  this  does  not 
eome  within  the  principle  to  which  objection  is  attached.  The 
great  objection  which  I  deprecate  is,  that  other  works  of  asimihr 
nature  will  be  thought  to  possess  claims  equally  pressing;  but  this 
objection  will  be  removed  when  Senators  consider  that  ibis  is  a  work 
which  cannot  wniti  that  the  obstruction  is  considered  insuperable, 
and  that  every  other  improvement  relating  to  these  rivers  can  bet- 
ter afford  to  wait.  I  beg,  also,  to  call  the  attention  of  the  mem- 
bers who  compose  the  Committee  on  Roads  and  Canals  to  the 
iubject,  and  ask  them  to  give  it  immediate  consideration.    I  ask 


the  attention  of  the  Senate  to  it  at  an  early  day.  Sir,  the  memo- 
rialists whose  memorials  I  have  presented  are  but  a  small  portion 
of  those  whose  interests  are  involved  :  there  will  be  many  raoro 
memorials  presented  on  the  same  subject,  coming  from  the  whole 
extent  of  the  Ohio  river,  from  Pittsburg  to  its  mouth.  I  believe 
the  honorable  Senator  from  Kentucky  has  already  in  his  possession 
a  memorial  on  the  same  subject.  I  trust  that  the  Senate,  in  view 
ot  the  circumstances,  w'ill  indulge  me  by  givinc  this  subject  their 
earliest  attention.  I  now  send  the  memorials  to  the  Chair  and  ask 
that  one  of  them,  without  the  sicnatures,  be  printed  for  the  use  of 
the  Senate,  and  that  they  be  referred  to  the  Committee  on  Roads 
and  Canals. 

The  motion  was  adopted. 

Mr.  CRITTENDEN. — Some  petitions  have  been  placed  in  my 
hands  relating  to  the  same  subject  with  those  which  have  just  been 
presented  by  the  honorable  Senator  from  Tennessee.  I  w-ill  not 
occupy  the  time  of  the  Senate,  after  what  has  been  said,  with  any 
remarks  as  to  the  character  of  the  obstruction  which  these  memo- 
rialists seek  to  have  removed.  The  effect  of  the  breakage  in  tha 
dam  is,  at  times,  to  obstruct  the  navigation  entirely,  and  at  others, 
in  the  ordinary  stage  of  the  water,  to  render  it  exceedingly  peri- 
lous. The  dam  was  intended  to  improve  the  navigation  by  freeing 
the  water  on  the  Kentucky  side.  This  dam  has  given  way  to  the 
force  of  the  water  and  the  huge  stones  of  which  it  was  composed 
cast  into  the  channel,  rendering  the  navisation  dangerous  in  the 
e.xtrerae.  The  effect  of  this  breakage  in  the  dam  is  to  bar  up  almost 
entirely  all  ingress  and  esress  to  and  from  the  Kentucky  side  of  the 
river.  There  are  attached  to  these  petitions  the  names  of  some 
thousands  of  persons  who  are  interested  in  this  matter,  and  I  beg 
to  present  their  petitions  and  ask  that  they  be  referred  to  the  same 
committee  to  which  the  memorials  presented  by  the  honorable  Se- 
nator from  Tennessee  were  referred. 

I  can  hardly  suppose  that  any  remarks  of  mine  are  necessary  to 
show  the  great  importance  of  the  naviaation  of  this  river.  I  al- 
most fear  to  speak  of  its  importance  lest  I  might  be  ihousht  to  be 
influenced  by  local  considerations.  But  the  amount  of  property 
that  passes  through  that  channel  is  scarcely  to  be  calculated,  and 
it  is  increasing  every  year.  The  nnmber  of  lives  that  are  thus 
hazarded  are  immense.  The  whole  of  this  property  is  put  at 
hazard,  to  some  extent,  by  this  obstruction,  and,  I  think,  as  the 
honorable  Senator  from  Tennessee  has  said,  that  this  application 
stands  upon  a  ground  peculiar  to  itself.  The  obstruction  is  one 
which  the  government,  in  a  laudable  effort  to  improve  the  naviga- 
tion, has  itself  placed  there.  Whether  it  is  to  be  removed  or  re- 
paired is  a  question  to  be  determined  by  Congress.  The  petition- 
ers say  it  will  cost  less  to  repair  it  than  to  remove  it,  and  when  it 
is  made  firm  and  stable  it  will  be  of  the  utmost  advantage  to  the 
navigation  of  the  river.  The  government  having  placed  the  ob- 
struction there  is  under  an  obligation,  independently  of  the  question 
of  the  power  of  Congress  to  improve  the  navigation  of  those  ri- 
vers, to  remove  it. 

The  petitions  were  referred  to  the  Committee  on  Roads  and 
Canals. 

Mr.  BENTON  presented  the  peti'ion  of  Rebecca  Heald,  pray- 
ing compensation  lor  property  destroyed  by  the  enemy  during  the 
last  war  with  Great  Britain;  which  was  referred  to  the  Committee 
on  Military  Affairs. 

Also,  a  petition  of  citizens  of  the  State  of  Missouri,  praying  the 
right  of  pre-emption  to  certain  lands  settled  and  cultivated  by 
them;  which  was  referred  to  the  Committee  on  Private  Laud 
Claims. 

Mr  YULEE  presented  the  petition  of  George  E.  McClellan, 
in  behalf  of  himself  and  a  company  of  moun'ed  volunteers,  raised 
by  him  during  the  Seminole  war,  praying  compensation  for  their 
services;  which  was  referred  to  the  Committee  of  Claims. 

FLOBIDA     MOUNTED    VOLCVTEERS. 

ISIr.  Y^ULEK  submitted  the  following  resolution  whicli  was 
considered  by  unanimous  consent  and  agreed  to; 

Rt^tdved.  Tlint  the  Prrsid.-nt  be  reqiii-slpj  xct  Ir.iiuniil  to  the  Senate,  any  docuoieou 
oreviiiencp  on  file,  in  any  of  llie  EtecutiveSDeparlments,  relative  to  the  service*  •!" 
Caplaia  McClellan's  company  of  Florida  volunteers,  in  the  year  1840. 

LIGHT    HOUSF.S   AND    BUOY.S. 

Mr.  DAVIS,  of  Massachusetts,  from  the  Committee  on  Com- 
merce, to  whom  was  referred  the  bill  from  the  Housi  of  Repre- 
sentatives to  change  the  location  of  certain  light  houses  and  buoy«, 
reported  it  without  amendment. 

Mr.  DAVIS  asked  for  the  immediate  consideration  of  the  bill, 
and  in  order  that  Senators  might  judge  of  the  propriety  of  giving 
it  immediate  coasideration,  hu^^itated  that  th*  objeat  of  the  biU  wm 


Maech  29.] 


CALIFORNIA  CLAIMS,  ETC. 


423 


merely  to  carrv  into  effect  an  act  which  had  been  passed  at  the 
last  session  of  Congress,  providing  for  the  erection  of  certain  li<rht- 
bouses  and  buoys.  That  act  provided  for  the  erection  of  a  li<jht- 
honse  on  the  Hudson  river,  another  on  the  Savannah,  a  buoy  and 
licht-house  on  the  Santee  river,  and  another  near  Galveston.  The 
Secretary  merely  asks  I'rora  Congress,  power  and  authority  to  change 
the  location  of  thes-)  light-houses,  to  the  erection  of  which,  as  at 
first  conlcmplated,  insuperable  objections  exist.  In  regard  to  the 
one  on  the  Hudson  river,  it  was  proposed  to  be  located  on  certain 
land  for  which  the  owner  now  demands  a  very  extravagant  price, 
and  it  is  found  that  another  spot  can  be  procured  for  a  very  mods- 
rate  sum.  This  case  is  an  illustration  of  the  whole,  and  I  ask 
that  it  may  be  acted  on  now  by  the  Senate,  for  the  reason  (hat  the 
time  of  year  has  arrived,  when  the  works  ought  to  be  proceeded 
with. 

Mr.  BAGBY.— I  hope  that  the  ordinary  coarse  of  business  will 
not  be  inten-upted.  I  understood,  too,  that  there  arc  appropria- 
tion' in  this  bill,  of  rather  questionable  propriety. 

Mr.  DAVIS  re-stated  the  object  of  the  bill. 

Mr.  BAGBY.— I  would  inquire  whether  it  involves  any  addi- 
tional expenditure  cf  money. 

Mr.  DAVIS. — Not  a  dollar,  except  what  was  provided  for  last 
year.     The  word  money  is  not  used  in  the  bill. 

Mr.  BENTON. — It  is  simply  to  change  the  site  of  these  light- 
houses, is  it  not  ? 

Mr.  DAVIS.— That  is  all. 

Mr.  BAGBY.— Then  I  have  no  objection. 

The  Senate  proceeded  to  consider  said  bill,  as  m  Committee  of 
ihB  Whole;  and  no  amendment  being  made  it  was  reported  to  the 
Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Resolved,  That  lhi»  bill  pass. 

Ordered,  That  the  Secretary  notify  the  Houso  of  Representa- 
tives accordingly. 

COLONEL    ROBERT    WALLACE. 

Mr.  CASS,  from  the  Committee  on  Military  Affairs,  to  whom 
was  referred  the  bill  for  the  relief  of  Colonel  Robert  Wallace, 
aid-de-camp  to  General  William  Hull,  reported  it  without  amend- 
meot. 

CO.VGRATULATIONS    TO    THE    FRENCH. 

Agreeably  to  notice,  Mr.  ALLEN  asked  and  obtained  leave  to 
bring  in  a  joint  resolution  tendering  the  congratulations  of  the 
American  to  the  French  people;  which  was  read  and  passed  to  tho 
seoond  reading. 

Mr.  ALLEN  asked  that  the  resoUition  be  now  road  a  second 
time. 

Mr.  MILLER  thought  it  would  be  proper  to  refer  the  resolution 
to  the  Committee  on  Foreign  Relations,  and  had  no  objection  to 
the  second  reading  with  a  view  to  the  reference;  but  if  it  was  in- 
tended to  ask  for  the  consideration  of  the  resolution  to-day,  he 
must  object  to  the  second  reading. 

Mr.  ALLEN  thought  there  was  no  necessity  for  a  reference, 
and  preferred  that  the  resolution  should  be  acted  upnn  at  once. 

Mr.  MILLER  objected  to  the  second  reading,  as  against  the 
rule. 

BOUNTY    L.\NDS. 

Agreeably  to  notice,  Mr.  ASHLEY  asked  and  obtained  leave 
to  bring  in  a  bill  explanatory  of  the  act  entitled  "An  act  to  raise, 
for  a  limited  time,  an  additional  military  force,  and  lor  other  pur- 
poses," approved  Ilth  February.  1847;  which  was  read  the  first 
and  second  times,  by  unanimous  consent,  and  referred  to  the  Com- 
mittee on  Military  Affairs. 

MESSAGE    TROM    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President  :  The  President  of  the  United  States  h.is  notified  the  House  of  Re- 
presentatives that  he  approved  and  signed,  the  27th  ins'ant,  the  bill  tnrlhcr  to  Mipply 
deficienclee  in  the  appropriations  for  the  servit-e  of  the  liscal  year  enling  the  30th  June, 

The  House  of  Representatives  have  passed  a  bill  makiiii,'  appropriations  for  the  cur- 
rent and  contingent  expenses  of  the  Indian  department  and  lor  fidlillin^  treaty  slipu- 
iatiODS  with  the  vajious  Indian  tribes,  for  the  yea*  ending  June  30,  1H19.  and  for  otlr^r 
parposes;  in  svliichthey  reqnest  the  concurrence  of  the  Senate. 

INDIAN   APPROPRIATION   BILL. 

The  above  named  bill  from  the  House  of  Representatives,  was 
read  the  first  and  second  times,  by  unanin^ous  consent,  and  refer. 
red  to  the  Committee  on  Finance. 

THE    SENECA    INUIANS. 

On  motion  by  Mr.  ATCHISON,  it  was 

Ordered,  That  the  report  of  the  Secretary  of  War,  presented 
the   19th  of  January,   1848,   in    relation  to  losses  sustained  bv  the 


Seneca  Indians,  through  a  late  sub-agent  of  the  United  States,  b« 
referred  to  the  Committee  on  Indian  Affairs  antl  printed. 

PUBLIC    LANDS    AT    FORT    SNELLING. 

The  Senate  proceeded  to  consider  the  following  resolution,  sub- 
mitted by  Mr.  Brf.ese,  on  the  23d  instant,  and  it  was  agreed  to  : 

Resolved,  That  the  Secretary  of  War  be  directed  to  inform  the  Senate  what  quan- 
tity of  public  land  has  been  reserved  from  sale  and  settlement  at  or  near  Fort  Snclliog. 
on  the  Upper  .Mississippi  river;  statinc  the  quantity  on  each  bank  of  the  river  so  re- 
served— the  purposes  to  which  the  lands  are  devoted — lUe  amount  of  lorce  at  that  post, 
averaging  it  tortile  last  five  ya.-s.  and  whellier.  m  his  opinion,  the  lands  reserved  on 
the  east  banlt  of  the  liver  are  lealiy  necessary  for  an.,  military  par|x)se. 

THE   supreme    court. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  tho  Whole, 
the  bill  fi-om  the  House  of  Representatives  supplemental  to  the  act 
entitled  ''  An  act  concerning  the  Supreme  Court  of  the  United 
Stales,"  and  . 

On  motion  by  Mr.  CRITTENDEN,  it  was 

Ordered,  That  the  further  consideration  thereof  be  postponed  to, 
and  made  the  special  order  of  the  day  for,  Friday  next. 

SAMUEL    LEECH. 

The  Senate  proceeded  to  consider  the  amendment  of  tho  House 
of  Representatives  to  the  bill  of  the  Senate  to  provide  for  the  com- 
pensation of  Samuel  Leech,  for  services  in  tlic  investigation  ol  sus- 
pended sales  in  the  Mineral  Point  District;  and  it  was 

Resolved,  That  they  concur  therein. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

CALIFORNIA    CLAIMS. 

On  motion  by  Mr.  CASS,  the  prior  orders  were  suspended,  and 
the  Senate  resumed  the  consideration,  as  in  Committee  of  the 
Whole,  of  the  hill  for  ascertaining  and  paying  the  California  claims. 

Mr.  DIX.— Mr  President :  The  transactions  out  of  which  tho 
claims  provided  ior  by  the  bill  under  consideration  arose,  were  ex- 
plained yesterday  in  the  brief  but  very  pertinent  and  lucid  remarks 
of  the  honorable  Senator  from  Michigan,  [Mr.  Ciss,]  as  chair, 
man  of  the  Committee  on  Military  Affairs,  before  which  the  tcsti-  , 
inony  substantiating  the  claims  was  taken.  I  hold  in  my  hand  tho 
printed  ilocumL'nt  containing  this  testimony,  and  before  I  sit  dow-n 
I  will  read  some  portions  of  it  to  "he  Senate,  though  I  may  per- 
haps  but  present  what  is  familiar  to  all.  • 

I  do  not  know  that  any  explanation  further  than  that  which  has 
already  beea  aiven  bv  the  honorable  Senator  from  Michitran  is  ne- 
cessary to  vindicate  the  propriety  of  passing  the  bill.  The  pecu- 
niary obligations  for  the  discharge  of  whiidi  it  provides,  were  con- 
tracted in  good  faith,  for  the  purpose  of  subduing  the  country  and 
of  expelling  from  it  the  military  forces  of  Mexico.  In  the  execu- 
tion of  these  objects,  the  young  and  accomplished  officer  at  tho 
head  of  our  troops,  Colonel  Fremont,  exhibited  a  combination  of 
energy,  promptitude,  sagacity,  and  prudence,  which  indicates  the 
highest  capacity  for  civil  and  military  command;  and  in  connexion 
with  what  he  has  done  for  the  cause  of  science,  it  has  given  him  a 
reputation  at  home  and  abroad  of  which  men  much  older  and  mora 
experienced  than  himself  might  well  be  proud.  That  tho  country 
will  do  justice  to  his  valuable  and  distinguished  services  I  enter- 
tain not  tho  slightest  doubt. 

The  objects  accomplished  by  Colonel  Fremont,  as  subsequent 
developments  have  shown,  were  far  more  important  than  those  I 
have  reierred  to.  There  is  no  doubt  that  his  rapid  and  decisive 
movements  kept  California  out  of  the  hands  of  Briti^li  subjects, 
and  perhaps  out  of  the  hands  of  the  British  government;  and  it  is 
in  this  point  of  view  that  I  desire  to  present  the  subject  to  the 
Senate.  If  these  transactions  stood  alone — if  they  constituted  an 
isolated  case — I  might  not  deem  it  necessary  to  call  attention  to 
them.  But.  as  a  part  of  a  .system  to  all  appearances  deliberately 
entered  upon  and  steadily  pursued,  't  seems  to  me  that  they  may 
justly  claim  a  more  extended  consideration  than  would  bo  other- 
wise due  to  them. 

While  discussing  the  bill  to  raise  an  additional  military  force  in 
January  last,  I  stated  some  facts  in  illustration  of  the  encroach- 
meiits  of  Great  Britain  on  the  southern  portion  of  the  North 
American  continent.  I  alluded  particularly  to  the  movements  on 
the  Mosquito  coast,  where  siie  is  establishing  herself  under  the 
pretence  of  giving  protection  to  an  insignificant  tribe  of  InJians, 
but  in  reality  to  gain  possession  of  a  territorj-not  only  intrinsicollv 
valuable  on  account  of  its  natural  products,  but  doubly  so  to  her 
on  account  of  its  advantages  of  position.  This  occupation  does 
not  rest  upon  the  ground  of  an  original  establishment  on  territorj' 
unreclaimed  from  its  primcviil  solitude,  or  even  on  territory  not 
reduced  to  actual  possession  by  its  first  discoverer.  It  is  a  por- 
tion of  the  old  Spanish  dominion  in  Norlh  America,  constituting, 
after  the  dissolution  of  tho  empire  of  Spain  in  the  western  hemis- 
phere, a  part  of  the  confedeiai  ion  of  Central  America,  and  now 
an  integral  part  of  tho  State:;  of  Honduras  and  Nicaragua:  and  if 
the  power  of  Spain  had  continued  unbroken,  this  unjustifiable  en- 
croachment woidd  not  have  been  heard  of.  I  stated  on  a  former  oc- 
casion that  the  territoiy  occupied  in  the  name  of  the  Musquito  nation 
by  Great  Britain,  contains  .about  40,000  square  miles,  nearly  as  large 
a  surface  as  that  of  the  State  of  New  York,  and  that  she  had  re- 
cently sought  to  extend  her   possession  by  forcible   means  to  the 


424 


CALIFORNIA  CLAIMS. 


[Wedkesdai', 


river  San  Juan  do  Nicaragua,  near  theolevenih  parallel  of  latitude, 
one  degree  further  south  tUan  the  territory  actually  claimed  as 
belongiriir  to  the  Mosquitos  according  to  her  own  geographical 
delineations. 

Nearly  a  century  ago  some  connexion  existed  between  Great 
Britain  and  the  Mosquito  Indians;  but  the  territory  was  abandoned 
by  her  under  treaty  stipulations  with  Spain.  When  the  connexion 
was  renewed  I  am  unable  to  sav.  But  I  believe  ihe  first  open  anil 
avowed  attempt  to  exercise  rights  of  sovereignty  over  tin?  terri- 
tory, throuijh  consular  a:jeuts,  was  in  1S13.  when  Patrick  Walker 
was  appointed  consul  at  BUiefields;  and  this  appointment  was  im- 
mediately the  subject  of  a  protest  by  at  least  one  of  the  South 
American  States. 

Before  I  proceed  to  give  the  details  of  thiseni-roachraent,  I  wish 
to  call  the  attention  of  the  Senate  to  the  position  taken  by  the 
Executive  of  the  United  States,  nearly  twenty-five  years  ago,  in 
respect  to  the  future  colonization  of  this  continent  by  European 
powers. 

fn  the  annual  message  of  Mr.  Monroe  to  Congress,  in  Decem- 
ber, 1823,  he  stated  that  in  ihe  disenssion  of  the  respective  rights 
of  Great  Britain,  Russia,  and  the  United  States,  on  the  northwest- 
ern coast  of  America,  the  occasion  had  "been  judged  proper  for  as- 
serting as  a  principle,  in  which  the  rights  of  the  United  States  are 
involved  that  the  American  continents,  by  the  free  and  indepen- 
dent condition  which  they  have  assumed  and  maintained,  are  hence- 
forth not  to  be  considered  as  subjects  for  future  colonization  by  any 
European  powers."  In  the  same  message  it  was  declared  that 
we  should  rejard  any  attempt  on  the  part  of  European  powers  to 
extend  their  politieai  '■system  to  any  portion  of  this  hemisphere, 
as  dancerous  to  our  peace  and  safety."  "  With  existing  colonies 
or  dependencies  of  any  European  powers,"  says  the  message,  "we 
have  not  interfered  and  shall  not  interfere.  But  with  the  govern- 
ments who  have  declared  their  independence,  and  maintained  it, 
and  whose  independence  we  have,  on  great  consideration  and  on 
just  principles,  aeknowledired,  we  could  not  view  any  interposition 
for  the  purpose  of  oppressing  them,  or  controlling  m  any  manner 
their  destinv,  by  any  European  povver,  in  any  other  light  than  as 
the  manifestation  of  an  unfriendly  disposition  towards   the  United 

States." 

The  two  positions  assumed  by  the  Executive  of  the  United 
States  were — ■ 

1.  That  there  must  be  no  further  colonization  on  either  of  the 
American  continents  by  any  European  power;  and 

2.  That  there  must  be  no  interference  by  European  powers  with 
the  independent  States  in  this  hemisphere  : 

And  these  declarations  were  accompanied  by  the  disavowal  on 
our  part  of  all  intention  to  interfere  witli  existiuL'  colonies  or  de- 
pendencies of  any  European  Power  on  this  continent. 

Of  the  wisdom  or  policy  of  these  declarations  I  have  nothing  to 
say:  though  I  must  add,  that  I  have  always  considered  the  publi- 
cation of  manifestoes,  which  the  government  putting  them  forth  is 
not  prepared  to  maintain  at  all  hazards,  as  calculated  to  detract 
from  its  dignity  and  influence. 

Mr.  Monroe's  declarations  have  not  been  maintained.  They  ap- 
plied to  South  as  well  as  North  America;  and  during  the  last 
five  vears  the  Banda  Oriental  and  the  Argentine  Confederation, 
have  been  the  theatre  of  an  armed  intervention  on  the  part  of  Gieat 
Britain  at  first,  and  ultimately  of  Gritain  and  France,  \^■hich  is  al- 
most unprecedented  in  the  history  of  nations,  as  a  violation  of  the 
ri"-ht  of  every  community  to  regulate  its  donicstie  concerns  in  its 
own  way,  without  external  interference.  I  will  not  detain  the 
Senate  hv  entering;  into  the  details  of  these  transactions.  Sullice 
i(  to  say,' that  in  1838,  in  eonsequi  ncc  of  internal  disscntions  in  the 
Banda  Oriental,  or  the  Oriental  Republic  of  Uruguay,  fomented 
by  foreign  officers  and  residents  in  Montevideo,  General  Oribe,  the 
President,  resigned,  and  fled  to  Buenos  Ayrcs.  his  rival,  Genei-al 
Reveira,  succeeding  to  his  poliliealpost.  In  ISI'.;,  Oribe  entered 
the  Banda  Oriental,  drove  Reveira  into  Brazil,  and  besieged  his 
General,  Paez,  in  Montevideo,  which  was  subsequently  invested 
by  sea  by  the  Argentine  fleet.  The  interposition  of  xVdmiral  Pur- 
vis, commanding  the  British  fleet,  when  the  Admiral  of  the  French 
fleet  refused  to  interfere,  on  the  ground  that  such  interference 
would  violate  well  established  principles  of  international  law,  has 
had  the  cfl'ect  of  prolonsing  for  five  years  a  war,  which  would  oilj- 
erwise  have  been  speedily  dccidc<l,  and  led  to  a  violation  of  every 
rale  of  mternaiional  duty,  through  a  further  intervention  m  the  af- 
fairs of  the  Argentine  confederation  by  the  combined  fleets  of 
Franco  and  Great  Britain,  under  the  sanction  of  their  respective 
Covernments.  Those  who  desire  to  know  more  of  these  traiisai:. 
lions  will  find  a  most  intcrcsling  discussion  in  the  British  House  of 
Lords,  in  the  Parliamentary  Debates  of  IS4.'5,  vol  83.  pa^e  1132, 
In  reply  to  some  inquiries  proyioseu  by  Lord  Bcaumcjnt,  the  lOarl 
of  Aberdeen  made  the  defence  of  the  Ministry.  He  was  followed 
by  Lord  Colchester,  who  had  been  at  the  Rio  La  Plata,  and  who 
was  ihoroughty  aci|uainled  with  all  that  had  takan  place.  He 
corrected  iiuiny  of  the  Earl  of  Aberdeen's  statements,  and  I  think 
it  will  be  admitted  that  he  left  to  the  Ministry  a  most  iinsatisfacto- 
ry  "round  of  defence.  On  the  principles  laid  down  by  Mr.  Mon 
roe" it  would  have  been  the  duty  of  the  United  Slates  to  interpose 
for  the  purpose  of  protecting  the  Oriental  and  Argentine  repub- 
lics from  this  flagrant  invasion  o{  ihcir  rights  as  sovereign  and  in- 
dependent States.  We  have  failed  to  do  so — I  do  not  say  whe- 
ther ri"htly  or  not ;  but  the  impolicy  of  making  declarations 
■which  wo  are  not  prepared  to  maintain  is  strongly  exemplied  in 
our  inaction. 
In  the  annual  message  of  the  President  n  Congress  in  Decem- 


ber, 1846,  the  declarations  of  Mr.  Monroe  were  reiterared.  but  the 
application  of  the  principles  he  asserted  was  virtually  restricted  to 
the  continent  of  North  America.  Whatever  hesitancy  there  may 
be  in  extending  the  application  further,  to  this  extent  its  assertion 
and  maintenance  at  all  hazards  can  afford,  it  appears  to  me,  no 
ground  for  a  difference  of  opinion.  Our  own  security  depends,  in 
no  inconsiderable  degree,  on  the  tranquility  of  the  States  bordering 
on  us,  or  in  our  neighborhood.  The  interference  of  European 
powers  in  their  affairs  can  have  no  other  effect  but  to  produce  dis- 
tractions dangerous  alike  to  them  and  to  us.  We  have  a  risht  to 
insist,  then,  on  the  principles  of  nonintervention  on  ibis  continent 
—a  principle  lying  at  the  very  foundation  of  all  national  indepen- 
dence— a  principle  which  cannot  be  violated  without  offending 
against  the  common  welfare  and  the  common  interest  of  the  whole 
civilized  world.  In  connexion  with  this  subject,  I  desire  to  say  that 
I  have  always  insisted  in  the  most  earnest  manner  on  the  duty  of 
non-interference  on  our  part  with  the  affairs  of  European  States.  I 
consider  it  the  more  imperative  now,  when  great  political  changes 
are  taking  place,  and  when -the  whole  continent  of  Europe  ntay  be 
eonvidsed  to  its  centre.  , 

In  this  view  of  the  subject,  the  encroachments  of  Great  Britain 
in  North  America  possess  an  importance  which  cannot  be  exafrge- 
rated.  I  begin  with  Central  America,  and  shall  pass  on  to  Cali- 
fornia, ■fthere  we  have  had  recent  evidence  of  a  delibeiate  design 
to  obtain  possession  of  the  country  for  the  purpose  of  exclu- 
ding us. 

!n  February  last,  I  received  a  letter  from  a  friend  (n  New  York, 
a  gentleman  of  high  respectability,  extensively  engaged  in  com- 
mercial transactions,  chiefly  with  Central  and  SoutlfAmerica,  and 
who  formerly  held  a  seat  in  the  House  of  Representatives,  stating 
that  be  had  noticed  mv  allusion  to  the  affairs  of  the  Mosquito 
coast,  and  that  he  could  give  me  some  information  on  the  subject, 
if  I  desired  it.  I  immediately  made  the  request,  and  received 
from  him,  about  a  month  ago,  a  letter,  which  I  will  read  to  the 
Senate  ; 

■'New  YoKK,  Febru.'irv  *i8,  1=48, 
"De,\r  ?ir  ;  Your  favor  of  tlie  '2,5th  instant  is  received.     In  compliarice  wilii  yonr 
re(|uest  I  jiave  liastily  ilrawn  n|>  tlie  outlines  of  llie  itiforniation  alluded  to, 

■■In  Auj;ust,  JH4ti,  I\Ir,  .lames  S,  Bell  visited  New  York  and  was  intiodnced  to  me  as 
a  person  having  great  commereial  advanla^'es  at  the  Eng!i>h  suUlenieut  of  Bluetields. 
Mosqaito  nation.  Central  Ameriea,  and  who  desired  to  form  a  conne,vion  with  aliotlse 
at  New  Ytltk,  by  whieli  these  advantages  eonid  be  made  available  lor  commercial  en- 
ter|rrize.  Having,  at  that  time,  much  business  at  Belize  and  Truxillo,  I  was  ready  to 
listen  to  jiropo-itions  for  increasing  my  trade  with  that  country,  especially  to  receive 
the  valuable  information  which  I  was  told  IMr.  B,  could  impart.  Mr,  Bell  stated  he 
was  the  Secretary  to  the  British  consulate  at  BluefielrK,  which  he  asBured  me  was 
really  the  government  tiej'itctu  of  the  iMosqnito  nation — a  tribe  of  dissolute  anti  degra- 
ded Indians,  whose  King,  a  lad  of  fonrlODii,  was  an  inmate  of  the  consul-house,  and 
dependant  on  that  I'unetionary  fertile  n.cessaries  of  life;  that  the  Mosquito  country 
had  been  privately  conveyed  to  the  British  government,  and  that  that  claim  wjien 
questioned  eoiild  be  maintained  by  a  legal  title  of  purchase  from  the  King  ;  Ijial  the 
objei-t  ot  the  British  govetnnient  was  not  only  the  possession  of  this  territory,  which 
abounded  with  rich  forests  of  mahogany  and  other  valuable  woods  on  the  coast  and 
many  miles  in  the  interior  on  navigable  rivers,  but  iit  the  /yroprr  timr-  to  show,  jirove. 
and  maintain  by  force  of  arms,  if  necessary,  the  Mosquito  (tlieir  own)  title  to  as  far 
south  as  lO**  of  north  latitude,  comjirising  San  Juan  and  the  rich  country  of  Lake 
Naearagua,  thus  securing  the  best  route  to  the  Pacific,  as  well  as  by  far  tlje  most  fertile 
and  productive  of  all  that  section  of  Oiitral  Anrerica  ;  that  he  (Mr.  Bell)  had  ntade 
two  visits,  accompanied  by  skilful  surveyors  and  engineers,  to  San  Juan,  and  thence 
to  Ihe  interior  and  to  the  Lake  Nicaragua  for  purposes  of  exploration,  &c.,  by  onlerof 
the  government  conveyed  privately  to  Mr.  Walker,  the  f 'onsul  at  Bluetields  ;  that  he 
came  to  the  United  Stales  to  etfcct  on  his  individual  nceount  a  connexion  with 
some  mercantile  house  by  which  to  establish  branches  at  BInelields  and  at  San  Jnan 
in  advance  of  its  becoming  a  Briii.'ih  port  ,  that  he  had  received  an  exclusive  grant 
for  the  cutting  of  mahogany  on  Bluefichls  river  and  adjacent  coast ;  Uiat  this  connex- 
ion witli  and  intimate  relation  to  the  consulate  at  Bluetields,  atias  the  Mosqcito  go 
vernment,  would  give  him  such  advantages  at  San  Juan  ihat  he  eonId  nearly  monop- 
olize the  interior  trade  of  that  place,  ami  ship  to  the  United  States  large  quantities  of 
spice,  iiiiligo,  coebiiieal,  hides,  &;c,  in  exchange  for  cotton  goods,  tlonr,  &:c, 

'■Mr,  Bell,  by  written  documents  and  letters,  satisfied  me  fully  of  the  truth  of  his 
statements,  which  nceilt  events  have  in  part  confirmed,  I  declined  the  proiiositions. 
but  another  house  have  accepted  them  so  far  as  to  engage  the  services  of  about  Uiirty 
men  to  letnrn  to  Bluetields  with  ."Mr,  B-  to  r-ut  mahogany,  one  cargo  of  which  has  ac 
tually  been  received  at  tins  poit.  Mr.  Bell  whilst  here  had  a  large  ehairniade,  with 
canopy,  &c.  gildeii  profusely  and  covered  with  damask,  which  he  stated  was  Uia 
f/tnutf  of  the  King  of  the  .■VIosqiiitos ;  also  halbuts  and  other  paraphernalia  of  roy- 
ally, which  he  took  out  with  him  to  Bluetields.  At  the  time,  tliese  statements  made 
hut  little  iinpressiou  upon  me,  but  recent  events,  particularly  yourspecch,  have  showed 
too  truly  their  truth  and  impoitance." 

In  connexion  with  this  subject,  I  will  also  read  a  eommunica- 
tion  furnished  me,  at  my  request,  by  the  head  of  one  of  the  foreiirn 
embassies  in  this  ciiy.  and  addressed  by  the  British  ChargiS  d'Af- 
faires  at  Bogota  to  the  government  of  New  Grenada,  setting  forth 
the  extent  of  the  British  claims.  In  January  last  I  furnished  other 
evidence  to  the  same  point  on  the  authority  of  the  British  Consul 
Genertil  at  Guatemala,  I  present  this  as  corrobor.ative,  and  as  of 
higher  authority  : 

'■BuiTisii  Lkgation,  Bnr;oTA,  Sept.  ';M,  1*17.  , 

'■('treiimstanccs  having  given  rise  to  a  qutstiou  as  to  the  extent  of  the  e«a;t  fror.tiet 
of  Uie  kingdom  of  .Mosquito,  her  Biitanuic  Majesty's  government,  atlcr  liavint;  ear^ 
fully  examined  the  various  docilmenls  ami  historical  records  whi.'h  exist  telit'ivc'lo  this 
Mibj.cl,  have  insttnctcd  the  undersigned,  her  Britannic  Mnje^:y's  t^hargc  il'AflHircf. 
to  inform  the  goveninieni  of  New  flrenada  tiiat  her  Maji^ty's  goYcmiiient  are  of 
opinion  that  llie  right  of  the  King  of  Mosquito  should  be  maintained  as  extcndine 
from  the  t'ape  of  Honduras  down  to  the  nionlli  of  the  river  San  Jnan, 

■"riie  nndeisigiied  has  likewise  been  instructed  to  >latc  Ihat  her  M.ijentv'a  L'OTera- 
nicut  will  not  v  lew  with  inditi'erenee  any  attenijil  to  enewiacli  n|M>n  the  right  or  tem- 
loriesof  the  King  of  Mosquito,   who  is  under  the  prolection  of  the  British  <.'ro«n, 

"In  addressing  this  commnnieation  to  his  excell"ucy  M,  Man.  Ancizar,  Grennditut 
Secretary  of  State  for  Foreign  AlVaii-s  lul  Diti-rim,  the  aiider-igned  l>e»s  to  assure  him 
of  his  high  and  most  distinguished  consideration. 

"BANir.L  F.  D'LHARY." 

From  the  iuformation  I  have  been  able  to  gather.  Mosquito  has 
become,  for  all  prnetienl  iHirposes,  a  Briiish  colony.  The  real 
head  of  Ihe  Mosquito  nation  is  i\lr.  Prtrick  Walkei',  the  British 
Consul  at  Blticlields,  The  nominal  King  of  the  Mosi|uitos  is  a 
mere  boy,  living  in  his  house.  The  .Mosquito  nation  consists  of  a 
few  hundred  naked  Indians,  idle,  ignorant,  and  worthless.     Under 


March  29.] 


CALIFORNIA  CLAIMS. 


425 


the  pretence  of  giving  protection  to  this  miscalled  nation,  Great 
Britain  has  extended  her  sovcreisnty  over  a  district  of  country 
nearly  as  larofe  as  the  State  ol"  New  York  or  Pennsylvania.  She 
has  vessels  of  war,  commanded  hy  British  siilijccts,  under  the 
name  of  the  Mosciulto  navy-  And,  in  a  word,  she  has  appropria- 
ted to  herself  a  part  of  the  territory  of  Honduras,  and  is  encroach- 
ing on  the  territory  of  Nicaragua,  against  the  sr)len)n  protest  of 
the  Central  American  States.  Her  objects  are  doubtless  three- 
fold— 

1.  To  extend  her  political  dominion  on  this  continent  ; 

2.  To  open  new  fields  for  commercial  enterprise  ;  and 

3.  To  obtain  possession  of  the  most  practicable  route  for  a  ship 
canal  across  the  Isthmus,  and  thus  to  control  the  commercial  com- 

-    munication  between  the  two  oceans. 

This  last  object  is  naturally  rejarded  as  the  most  important. 
The  route  has  been  survcyeil  minutely,  thoroushly,  by  a  British 
engineer,  and  its  practicability  ascertained.  From  the  Caribbean 
Sea  to  Lake  Nicaragua,  the  river  San  Juan  is  suscc})tiltlc  of  the 
reipiisitc  improvement.  The  lake  is  already  navigable  fm'  vessels 
of  any  burden  ;  and  from  the  lake  it  is  less  than  si.xtcen  miles  to 
the  Pacific,  with  a  mean  descent  of  about  one  hundred  and  twenty- 
eight  feet.  The  results  of  this  examination  will  be  found  at  the 
end  of  the  fir.st  volume  of  Stephen's  work  on  Central  America. 

But  it  is  not  through  her  connexion  with  the  Mostpiito  coast 
alone  that  G.eat  Britain  is  extending  herself  across  the  continent. 
Through  her  establishment  at  Belize  she  is  penetrating  to  the  very 
heart  of  the  peninsula  of  Yucatan.  She  had  at  first  only  a  per- 
mission to  occupy  a  small  district  on  the  coast  for  the  jmrpose  of 
cutting  logwood,  and  to  enjoy  the  use  of  a  fishery  for  the  subsis- 
tence of  the  persons  employed.  This  permission  was  given  during 
the  Sjianisli  rule  in  America.  It  was  confirmed  in  1783  by  the 
treaty  of  Versailles,  under  very  cautious  restrictions,  and  slightlv 
extended  by  the  treaty  of  Loudon  in  1786.  The  sovereignty  of 
Spain  over  this  territory  became,  by  virtue  of  the  independence  of 
her  colonies,  of  which  Yucatan  was  one,  vested  in  Mexico.  But 
the  right  of  Great  Britain  to  Belize,  I  am  told,  has  not  been  re- 
cognized either  iiy  Mexico  or  Yucatan.  Sho  not  only  continues 
to  hold  the  coast,  but  she  has  extended  herself  over  a  district  of 
about  fourteen  thousand  square  miles,  embracing  one  of  the  most 
valuable  portions  of  Yucatan  ;  and  I  believe  she  claims  it  by  con- 
quest. She  IS  within  sixty  miles  of  Chiapas,  the  Southern  State 
of  Mexico  ;  and  her  chief  establishment  is  said  to  be  a  vast  depot 
of  contraband.  A  fierce  contest  is  now  going  on  between  the 
Spanish  and  Indian  races  of  Yucatan  ;  and  the  latter,  wlio  were 
once  disarmed  and  harmless,  are  now  found  to  bo  abundantly  sup- 
plied with  powder  and  firearms — many  of  the  latter  bearing  the 
stamp  of  the  tower  of  London.  When  this  contest,  marked,  as  all 
such  contests  are,  by  murder  and  rapine  and  wanton  barbarity, 
shall  have  exhausted  the  combatants,  both  parties  may  be  willing 
to  take  refuge  in  the  power,  and  find  tranquility  under  the  protec- 
tion of  Great  Britain.  Sir,  this  is  the  usual  issue  of  her  interven- 
tion in  the  domestic  concerns  of  other  States — those  especially  in 
which  civilization  has  made  but  little  progress.  This  is  still  more 
likely  to  be  the  result  when  semi-barbarous  tribes  arc  intermingled 
with  civilized  races,  as  in  the  greater  portion  of  this  continent  to 
the  south  of  us,  and  from  numbers  or  local  circumstances  approach- 
ing an  equality  with  each  other  in  point  of  strength. 

I  do  not  make  these  statements,  Mr.  President,  for  the  purpose 
of  exciting  feeling  here  or  elsewhere.  It  is  a  subject  which  I 
desire  to  see  considered  with  calmness  and  deliberation  ;  but  it  is 
one  which  deeply  concerns  us.  Our  tranquility,  our  political  com- 
fort, onr  commercial  interests,  are  all  involved  in  the  exemption 
of  neighboring  States  from  domestic  dissensions  and  violence;  and 
we  have  a  right  to  see  that  these  mischiefs  arc  not  promoted  by 
unauthorized  interference  iVom  abroad.  I  ilo  not  propose  to  speak 
of  the  right  of  interference  in  the  internal  concerns  of  other  States. 
On  a  former  occasion  I  said  to  the  Senate  all  that  I  desire  to  say 
on  that  subject.  But  I  hold  it  to  be  onr  right  and  our  duty,  when 
wc  see  questionable  movements  by  foreign  powers  on  this  conti- 
nent, cither  through  their  constituted  authorities,  or  through  their 
subjects,  supported  by  the  power  of  the  State,  to  know  what  are 
their  objects,  and  to  see  that  the  political  independence  of  our 
weak  and  defenceless  neighbors  is  not  insidiously  subverted,  and 
their  territorial  possessions  wrested  from  them  by  unwarrantable 
encroachment. 

One  of  the  peculiarities  of  the  system  bv  which  Great  Britain 
has  extended  herself  over  so  large  a  portion  of  the  globe,  is  that 
she  usually  acts  in  the  first  instance  by  private  rather  than  by  pub- 
lic agents.  She  employs  commerce  to  elTect  what  other  govern- 
ments accomplish  by  pnblic  authority  and  force.  Instead  of  send- 
ing an  army  or  a  fleet  to  take  possession  of  a  coast,  she  sends  a 
trading  company.  Nothing  can  be  more  unsuspicious  than  the 
circumstances  under  which  their  first  lodgment — the  germ,  per- 
haps, of  a  future  empire — is  made.  They  only  wish  some  facilities 
for  landing  and  for  shelter  while  they  dispose  of  their  merchandize; 
they  desire  to  establish  a  factory,  (which,  in  the  British  accepta 
tion  of  the  term,  is  a  house  for  traders,)  and  to  cnioy  some  tempo- 
rary conveniences  for  traffic.  The  permission  is  given,  a  foothold 
is  obtained,  a  house  is  built,  a  picket,  a  ditch,  an  embankment 
lollow.  These  simple  improvements  (to  use  an  American  phrase) 
grow  insensibly  into  a  settlement,  a  fortress,  and  a  colony,  and 
the  occupation  becomes  perpetual.  Here  are  British  subjects, 
British  property,  and  British  interests  to  be  protected;  the  honor 
of  Great  Britain  is  concerned,  and  it  will  not  permit  them  to  be 
abandoned.  Her  East  Indian  Empire,  the  most  vast  and  lucrative 
of  her  possessions,  was  gained  through  the  agency  of  a  trading 
30th  Cong. — 1st  Session— No.  54. 


company.  Through  a  trading  company  she  gained  her  first  foot- 
hold on  the  northwest  coast  of  America,  and  obtained  for  herself 
in  the  end  some  of  the  best  portions  of  Orcon. 

There  is  another  peciiliarily  in  the  British  system  of  extension. 
Colonization  is  only  desired  so  far  as  it  is  coextensive  with  political 
sovereignty.  She  does  not  labor  to  civilize  or  improve  where  she 
cannot  rule.  Commercial  interest  is  the  principal,  and  social 
improvement  the  incident,  in  her  progress. 

Sir,  there  were  two  great  systems  of  colonization  in  ancient 
times — those  of  Greece  and  Rome — and  each  distinct  in  its  cha- 
racter. Greece  was  actuated  by  no  sordid  reference  to  self  in  the 
extension  of  her  people.  When  she  sent  out  her  children  to  colo- 
nize distant  territories,  she  let  them  go  forth  independent  and  free. 
She  did  not  insist  on  carrying  her  political  sovereignty  alon^'  with 
them,  and  compelling  them  to  pay  a  servile  obedience  to  it.  She 
sent  them  out  with  her  benedictions  and  prayers,  to  enjoy,  un- 
shared by  herself,  whatever  prosperity  they  could  earn  by  their 
industry  and  their  valor;  and  it  was  through  these  migrations  that 
the  foundations  of  ancient  civilization  were  laid  in  southern  Italy. 
Roman  colonization  was  totally  difi'erent  in  its  character.  Rome, 
indeed,  did  not  encourage  colonization  out  of  Italy  in  the  early 
days  of  the  republic.  In  its  latter  days,  and  during  the  early  pe- 
riod of  the  empire,  she  sent  out  colonies  to  distant  regions,  and 
retained  them  in  dependence  on  herself.  She  desired  that  all 
the  streams  of  prosperity  which  emanated  from  her  should  be 
poured  back,  in  enlarged  currents,  upon  their  source.  It  was  a 
vast  system  of  centralization.  Under  its  influence  the  heart  be- 
came distended  and  gorged,  while  the  extremities  were  left  ex- 
hausted and  cold,  and  the  whole  system  fell  asunder  by  force  of 
this  inequality. 

This  IS  the  British  .system  of  colonization;  it  has  been  more 
liberal  of  late,  but  unb-ss  still  further  relaxed,  its  fate  will  be 
the  same.  Its  great  characteristic  is  dependence  on  the  parent 
State;  its  most  inflexible  formulas,  (if  I  may  be  allowed  the  ex- 
pression.) colonial  governments  subservient  to  the  crown,  com- 
mercial regulations  framed  with  an  exclusive,  and  (such  is  the  fa- 
tality of  all  selfishness,  individual  or  national)  usually  with  a  mis- 
taken view  to  metropolitan  interests. 

It  is  not  for  our  advantage  that  this  svstem  should  be  extended. 
We  desire  freedom  in  commercial  intercourse.  We  do  not  iuter- 
fere  with  any  colonial  systems,  however  exclusive,  where  they 
now  exist.  We  do  not  oppose  their  extension  in  any  other  por- 
tions f)f  the  globe.  But,  having  no  colonies  ourselves,  desiring 
none,  looking  only  to  an  extension  by  pacific  means,  and  from  the 
operation  of  natural  laws,  over  the  unoccupied  districts  of  country 
west  of  us,  we  have  a  right  to  insist  that  colonial  establishments, 
exclusive  in  their  character  as  respects  commercial  intercourse, 
shutting  out  the  world  except  the  parent  State,  and  dependent  on 
distant  governments,  shall  not  be  planted  in  our  neighborhood  in 
violation  of  the  rights  of  defenceless  States.  I  would  not  make 
this  principle  the  theitic  of  a  declaration  or  a  manifesto.  I  would 
have  It  quietly  announced  to  those  whom  it  concerns,  and  firmly 
maintained  against  all  infringement. 

Before  I  dismiss  this  part  of  the  subject,  I  wish  to  say  that  I  am 
not  unwilling  to  concede  to  Great  Britain  some  merit  mr  what  she 
has  done  for  constitutional  liberty  in  the  past,  nor  am  I  disposed  to 
deny  that  her  colonial  system  may  lead  in  the  end  to  results  of  great 
value  to  the  cause  of  civilization.  She  has,  in  more  than  one  in- 
stance, arrayed  herself  against  the  progress  of  arbitrary  govern- 
ment in  Europe,  and  asserted  principles  which  lie  at  the  very  basis 
of  all  free  institutions.  'I'hrough  her  colonial  possessions  she  is 
disseminating  throughout  the  globe  the  intelligence  and  the  civili- 
zation by  which  she  is  herself  distinguished;  and,  when  the  political 
bonds  by  which  her  vast  possessions  arc  held  together  shall  be  rent 
asunder— a  day  not  distant,  perhaps — when  the  sceptre  of  her  em- 
pire shall  be  broken,  the  colonies  she  has  planted  in  every  conti- 
nent and  in  every  sea,  will  become  so  many  centres  from  which  the 
lights  of  knowledge  and  freedom  will  be  radiated  to  the  darker 
portions  of  the  earth.  While  advocating  a  determined  resistance 
to  her  encroachments,  I  am  willing,  nevertheless,  to  do  her  this 
political  justice. 

Let  me  now  turn  to  the  subject  more  immediately  in  hand — the 
California  claims.  The  propriety  of  passing  the  bill  providing  for 
the  payment  of  them  has  been  fully  shown  by  the  honorable  Sena- 
tor from  Michigan.  It  only  remains  for  me  to  consider  the  subject 
in  connexion  with  the  particular  topic  which  I  have  discussed. 

By  the  testimony  taken  before  the  Committee  on  Military  Affairs, 
it  appears — 

1.  That  Eugenio  Macnamara,  a  Catholic  priest,  made  applica- 
tion to  the  government  of  Mexico  for  a  grant  of  land  in  Upper 
California,  for  the  establishment  ol  Irish  colonies.  The  first  col- 
ony waste  be  established  at  San  Francisco;  the  second  at  Monte- 
rey; and  the  third  at  Santa  Barbara;  and  the  number  of  colonists 
was  not  to  be  less  than  ten  thousand.  There  is  no  date  to  the  ap- 
plication; but  other  documents  show  it  to  have  been  previously  to 
the  19th  of  January,  1846. 

2.  The  avowed  objects  of  Macnamara  were  to  keep  the  Califor- 
nias  out  of  the  hands  of  the  Americans,  who  are  represented,  in 
his  memorial  to  the  Mexican  government,  as  an  artful  and  baso 
enemy,  and  as  abhoring  the  people  and  the  religion  of  Mexico. 

I  will  read  to  the  Senate  some  extracts  from  his  original  appli- 
cation to  the  Mexican  government.  They  will  be  found  in  tie 
translation  at  page  U)  of  the  document  containing  the  testimory 
taken  before  the  Committee  on  Military  .'^flairs,  and  in  the  original 
Spanish,  at  page  77  of  the  same  document  : 


426 


CALIFORNIA  CLAIMS: 


[Wednesday, 


ami  the  actual  force  in  the 
mnieiiiately  went  into  service  under  tlie 


"  I  Eaeenio  Ma<!»»m»r9,  Calliolic  piicst  and  apostolical  missionary,  take  the  libcr- 
tv  of  submittme  to  voar  Excellency  some  reflections  on  a  subject  which,  althis  time 
altracli  much  public  attention.  1  allude  to  the  expectations  and  actual  condilion  ol 
tTpner  California.  .         .1       c 

"It  does  not  rerjuire  the  pift  of  prophecy  to  foresei'  that,  \vilh  a  Itttle  time.  Ilii:.  ler^ 
tile  country  will  cease  to  be  an  integral  part  of  this  teplihlic.  unless  some  prora|it  ant 
and  efficacious  measures  be  adopted  lo  restrain  foreign  rapacity. 

"  For  this  reason  I  propose,  whh  the  aid  and  apjirobalion  of  your  I'.xcellency,  lo 
carry  forward  this  project,  to  place  in  Upper  California  a  colony  ol  Iridi  Catholics.  1 
have  a  triple  object  in  makinj;  this  propo..ition.  1  wi.sli.  in  the  hrsl  place,  lo  atlvancc 
the  caute  of  Catholicism;  in  llie  second,  lo  coiilribute  lo  lli-  happiness  ol  my  couiilry 
men;  thirdly.  I  desire  to  put  an  obstacle  in  llic  way  of  fiirlher  usiirpalioils  oil  the  p.iil 
of  an  irrelisious  and  ami  Catholic  nation.  I.  Ilicicfi.rc  |,ropose  lii  your  hr,celleiicy 
that  there  be  conceded  lo  me  .an  extent  of  territory  on  llie  coast  ol  I  iipcrl  aliliirilia  lot 
the  purpose  I  have  indic<.ted." 

I  will  also  read  an  extract,  at  patjo  21,  riiuii  liis  Kci-ynd  :i|i|>li- 
cation,  itrginjr  attention  to  the  first.  It  will  In-  louml  in  Sjianisli 
at  page  79  : 

'■  Your  Excellency  will  excuse  me,  that  I  lake  the  lilicily  fnrlher  to  demoiislrale  that 
no  lime  oueht  to  be  lost  in  this  important  alfiir.  ll  il  is  dcsiic.I  to  he  realized,  since 
your  Excellency  knows  well  enoufh  that  we  aic  siitroun.l.-d  hv  an  artlul  and  base  en 
imy.  who  loses  no  means,  however  lo^v.  to  possess  l,iiiis.-lf  ol  the  best  territory  ol  Ihls 
country,  anil  who  ahhnrslo  the  death  its  race  and  lis  reliL'ion. 

•'  If  the  means  which  I  propose  be  not  speedily  a.hnitcd.  your  L.xcellency  may  he 
a-ssiired  that,  before  another  year,  the  Cahformas  will  loiiii  part  ol  the  American  u.i 
linn  Their  Catholic  instilutions  will  become  the  prey  of  the  Metliodisl  woh.s, 
and  the  whole  country  will  be  inundate,!  willi  llie  cruel  invaders  H  hi  si  I  pio- 
pose  the  means  of  reiidhns  them,  niv  ]iropositions  oiishl  lo  be  the  more  admissible, 
inasmuch  .as  1  liave  no  (lersonal  interest  in  the  affair,  save  the  progress  at  the  holy  re^ 
heion  of  God,  anil  Ihe  hapiiiness  of  my  counlrymen.  The  stigmas  cast  upon  ns  and 
upon  one  of  our  mosl  rispeclable  reliKrous  sects,  I  reeard  as  designed  lo  minisler  to  the 
prejudices  of  Mexico,  with  a  view  lo  the  aceoinplishiueiit  of  Ins  jilirposes,  rather  than 
as  emanating  from  a  conviction  of  their  truth." 

3.  The  grant  to  Macnamara,  after  licin<;  submitted  to  the  con- 
sideration of  the  Governor  of  California,  was  made  on  the  4th  of 
July,  1846,  and  comprised  abont  three  thousand  square,  leagues, 
containing,  besides  the  bay  of  San  Francisco,  some  of  the  best 
lands  some  of  the  most  impoftant  military  and  commercial  posi- 
tions in  California. 

4.  Macnamara  was  taken  to  California  in  a  British  sloop-of-war 
(the  Juno)  in  June,  1846;  a  British  ship  of  SI)  gnns,  (theColling- 
■n-ood)  commanded  by  Admiral  Seymour,  followed  in  July,  and 
Macnamara  was  taken  away  in  her. 

The  extract  I  am  about  to  read  from  the  affidavit  of  Col.  Fre- 
mont will  show  the  connexion  between  Maenamara's  movements 
and  those  of  the  public  armed  vessels  of  Great  Britain.  It  will  be 
found  at  page  14  of  the  document : 

"  The  fruits  of  Ihe  revolutionary  movement  thus  p:is.,ed    to  the  United  Stales,  and 
have  remained  Willi  her  ever  since.     These  fruits  were  very  consideiable.     Besides  Ihe 
peaceable  possession  of  all  the  northern  part  of  Califoriii 
field    under  the   indepcDilent   flag,  which  immediately  ' 

rinited  Slates,  there  is  good  reason  to  believe,  and  evideuee  is  now  at  baud  to  snslam 
that  belief,  that  the  revolutiouarv  movement  pievented  a  design  of  the  Cahfornians  to 
put  their  counlry  under  llie  fl,ig  of  the  liritish,  and  also  prevented  the  completion  of 
the  colonizatioTi  grant  of  three  thousand  square  leagues  to  Macnamara,  who  was 
brou''ht  to  California  in  the  Biilish  sloop  of  war  -luno,  in  ttie  rnonlb  of  June.  i?H*. 
Adm'iral  Seymour,  in  the  Collingwood,  of  80  guns,  arrived  at  Monterey  on  the  ICth 
of  July.  Macnamara  was  on  hoard  the  Colhnpwood  when  I  arrived  at  Monterey  on 
the  19th,  and  was  cained  aivay  in  that  vessel.  The  taking  jiosscssion  of  that  place  on 
the  7lh  had  anlicipaled  him.  and  Ihe  revolutionai-y  movement  had  cliecked  the  designs 
of  tiie  Calitornianeto  jilace  the  country  under  British  prolecliou;  and  also  prevented 
'  the  folfilment  of  the  great  giant  lo  Macnamara.  the  original  papers  of  which  1  now 
havohere,  to  be  shown  to  the  committee  and  to  be  deliveied  np  to  the  government," 

5.  In  addition  to  the  Macnamara  grants,  some  of  the  rtiost  val- 
uable missions  were  sold  in  May  and  June,  1S46,  to  British  stib- 
jects,  for  very  inconsiderable  sums,  showing  an  evident  design,  in 
case  the  United  States  should  get  po.s.scssion  of  the  Cahfornias.  to 
keep  some  of  the  most  valuable  districts  out  of  the  hands  of  the 
government,  by  converting  them,  through  fvaudulcut  conveyances, 
into  British  property. 

6.  It  appears  also  that  a  plan  was  set  on  foot  by  the  British 
Vice  Consul  in  California.  Mr.  Forltes,  Macnamara.  and  others, 
to  put  that  country  under  the  protection  of  Great  Britain,  and  at 
the  very  moment  when  it  was  expected  that  a  war  would  break  out 
between  the  United  Slates  and  Mexico.  The  time,  the  circum- 
stances, the  actors,  all  indicate  a  deliberate  design  to  get  posses- 
sion of  California  for  the  purpose  of  keeping  it  out  of  the  hands  of 
the  United  States.  The  auspices  under  which  a  junta  was  planned 
and  convoked  for  the  purpose  of  asking  the  protection  of  Great 
Britain  are  shown  by  an  extract  which  I  will  read  from  the  affi- 
davit of  Capt.  Gillespie,  of  the  Marine  Cor[is,  and  which  will  bo 
found  at  page  28  of  the  document  : 

"  About  this  time  (June  rtll.)  I  learned  that  the  junto  which  svas  to  have  assembled 
at  Santa  Barbara  ujiiiii  I.'illi  Jiiiie,  and  which  had  liecli  planned  and  arrangeri  by  and 
through  the  agency  of  Mr.  Foibi-s,  the  llrilish  Vice  Consul,  and  an  Irish  Catliohc 
priest,  by  the  name  of  Macnamara,  had  been  prevented  from  assemhling  in  conse- 
quence of  the  rising  of  the  settlers.  This  junta  was  proposed  for  the  purpose  of  ask- 
ing the  jirotection  of  England,  and  of  giving  an  inimen,.e  tract  of  land  in  Ihe  valley 
of  the  San  Joaquin  for  the  settlement  of  ten  thousand  liishuien,  lo  he  brought  lo  Cal- 
ifornia under  Ihe  direction  of  Macnamara.  AH  this  intrigue  of  llrilish  agents  was 
broken  up  by  the  timely  and  prompt  operations  of  the  sellters,  nniler  ttieilirecliou  of 
Capt.  Fremont." 

By  Lieut.  Minor's  testimony,  which  will  be  found  at  pages  43 
and  44,  it  appears  that  ihe  convention  in-  junta  was  held,  and  that 
a  majority  were  in  favor  of  claiming  the  protection  of  England — a 
decision  naturally  to  have  been  expectcil,  when  it  is  considered  un- 
der what  auspices  it  was  convoked.  The  extracts  I  am  about  lo 
read  contain  also  some  interesting  fiicts  connected  with  the  move- 
ments of  the  British  Admiral  : 

"  The  undersigned,  a  lieutenant  in  the  navy  of  Ihe  rnilcd  Slates,  has  the  honor  to 
make  the  following  anssveis  to  the  intciiogatorics  put  lo  him  by  your  honorable  com 
mittee : 

"  The  undersigned  being  in  command  of  Iho  soulhern  district  of  California  during 
',        the  latter  iiart  ol   1840.  was  informed  by  IVdio  <\  Canlla    (and  he  behevesUie  infor- 
mation thus  obtained  is  founded  ou   facts)  thai  he,  Ibcsaiil  t'arilla.  was  a  ineniherof 
a  junta  that  assembled  at  Santa  Bntbara  in  June.  IIMIi,  for  the  purpose  of  declaring 
the  independence  of  California,  ami  of  .asking  the  protection  of  the  United  Stales  or 


Great  Brilain  ;  that  the  junta  was  represented  bv  all  of  the  inhabited  portions  of  Cali- 
fornia •  thai  a  majority  of  the  same  were  for  claiming  the  prolecliou  of  England  ;  thai 
their  resolves  would  probably  have  been  executed  had  il  not  been  for  Ihe  war  and  Iheir 
fears  of  an  armed  foiie.  then  on  Ihe  north  side  of  the  bay  o'  San  Francisco,  nnder 
the  command  of  Capt.  Fremont.  The  undersigned  has  nnderelood  Irom  other  source, 
cnlllled  loconlideiice,  that  a  majority  of  iho  people  of  California  desired  the  prolec- 
liou of  England.  The  opinion  lie  tlius  fonned  was  sttenglhened  by  the  fact  tliat  an 
Ku-'hsli  fiigale  (the  JiiiioJ  had,  about  the  lime  ihe  junia  met,  landed  an  Enghsh  sub- 
jeer  iiameirMacnamara  at  Santa  Barbara,  of  whom  it  was  said  that  he  had  obtained 
a  eraiit  from  Ihe  Mexican  government  of  a  large  and  fertile  porUon  of  (California,  em- 
bracing llie  whole  valley  of  the  San  Joaquia,  from  its  source  to  its  moulli— a  valley, 
as  I  he  undersigned  believes,  comprising  one-third  of  Ihe  richest  jiorlion  of  (California. 
The  undersigned  believes  that  the  British  sijiiadron  in  the  Pacific,  commanded  by  Rear 
Admiral  Sir  (leo.  T.  Seymour,  composed  then  of  a  larger  force  than  Ihey  ever  had 
neon  that  ocean,  were  einiiloveil  in  closely  watching  tlie  movements  of  the  American 
eiiiiiiiiodore.  Being  aware  of  this  fact,  Commodore  Stoat,  when  he  heard  of  the  first 
liallleoii  llie  RioCrande,  got  under  way  in  the  frigate  Savannnh,  then  anchored  oft 
!\ia/allaii,  for  llie  ostensible  purpose  of  proceeding  to  California.  An  English^ vessel 
of  war  wei'died  soon  after  the  Savannah,  and  stood  in  the  direclion  of  San  Bla.s, 
where  ll  was  known  Ihe  admiral  w.-is.  After  cruising  in  the  gulf  two  days  the  commo- 
dore returned  to  his  anchoiage  off  Mazatlan,  when  another  English  sliip  got  nnder 
way  and  stood  in  tlie  direclion  of  San  Bias.  The  undersigned  believes  that  this  ina 
nn-iivreof  (^ommodore  Sloal  was  inrended  for  the  deception  of  the  English  admiral. — 
< )n  the Hih  of  June,  IHIIl.  Ihe  Savannah  again  made  sail,  and,  alter  a  passage  of  23 
days  diirin"  w  liich  a  pre-s  ol  canvass  was  carried,  she  arrived  al  the  port  of  Monterey, 
in  |r|,Mcr  crdil'ornia  The  Collmgwood,  of  eighty  guns,  the  flag  ship  of  Admiral  Sey- 
mour, entered  the  harbor  on  Ihe  ISIIi  of  July,  and  the  undersigned  believes  that  the  ad- 
mirarw  .-us  disap|ioinlcd  when  he  saw  Ihe  American  Hag  flying  ou  shore.' 

The  testimony  of  Capt.  Hensley,  from  which  I  will  give  a  brief 
extract,  and  which  will  be  I'otmd  at  page  33,  fully  sustains  the 
statement  of  Lieut.  Minor  : 

"  I  am  a  resident  in  California,  where  I  have  resiiled  since  the  autumn  of  IR-13.  In 
the  month  of  May,  lH4li.  1  went  to  San  Francisco,  where  I  met  with  Gen.  Vallejo, 
one  of  the  most  piomiuenl  and  influential  men  in  tipper  California.  I  undenilood 
fioni  him  that  he  had  recently  attended  a  convention,  composeil  of  Gen.  Castro,  hitn- 
■elf  and  five  others  delegates  from  the  diflerent  districU  in  California,  at  which  tlio 
proi'iosition  had  been  made  and  debated  to  separate  from  Mexico,  and  estab  i-«h  a  go- 
yerniiieiit  in  (.'alifornia,  under  the  protection  of  some  foreign  power,  believed  by  us  to 
be  Eii'dand  ■  bill  as  the  General  posilively  slated,  the  majorily  was  not  m  lavot  ol 
nhiciiig  the  country  under  the  protection  otthe  United  Suites,  though  he  himself  was. 
Gen  Vallejo  wasof  course  guartled  iii  conversing  ou  so  dangerous  a  .subject  as  this  was 
atiliattinie;  hut  the  above  is  the  substance  of  his  remarks,  as  understood  bymyscif 
aud  ullicls  who  beard  thein." 

The  grant  to  Macnamara  is  so  connected  with  the  movements  of 
the  pubtie  vessels  and  ]iublic  agents  of  Great  Britain,  as  to  raise  a 
strong  presumption  lliat  he  vi-as  secretly  countenanced  by  the  Bri- 
tish Government,  Ur.  John  Baldwin,  whose  testimony  will  be 
found  at  pages  46,  et  seq.,  states  that  Macnamara  lived  in  the 
house  of  the  British  consul  or  charge  d'affairs  in  Mexico,  and  that 
he  understood  in  that  clly  in  Septeiuber  and  October,  1847,  a  plan 
had  been  projected,  under  the  auspices  of  the  British  legation,  to 
colonize  California  with  emigrants  from  Ireland.  These  facts  will 
be  more  fully  show^n  bv  his  affidavit,  at  pages  46  and  47  of  the  doc- 
ument, irom  which  1  will  read  a  single  paragraph  : 

"  I  icsided  in  the  republic  of  Mexico  from  the  year  ISaS,  until  1838.  a  period  of  six- 
teen years;  duiing  which  I  made  the  acquaintance  of  many  of  the  leading  men  of  Ihe 

"  I  again  entered  Mexu-o  (city )  on  the  14th  of  September,  1847,  and  remained  there 
until  tlie  Isl  of  November;  iluring  that  time  I  made  the  acquaintance  of  the  priest 
Macnamara,  and  from  sources  entitled  to  credit,  I  was  informed  that  he  had,  under  the 
auspices  of  the  British  legation,  projected  a  plan  to  colonize  California  with  emigrants 
from  Ireland,  llis  project  had  met  the  approbation  of  the  Mexican  Government,  and 
he  went  to  Cahlbrnia  fo  perfect  his  plans.  In  the  mean  time,  it  was  ascertained  that 
the  ulterior  views  of  Macnamara  was  to  promote  the  interest  of  the  British  Govern- 
ment and  not  the  Mexican  Government.  A  fierce  opposition  was  conlemplated  by 
Ihe  republican  members  of  Congress,  when  he  should  return  with  his  maimed  plans 
from  (Jaliforiiia;  this  resistance  became  unnecessary  in  consequence  ol  the  conquest  of 
California,  by  the  arms  of  the  United  States,  Macnamara  lived  in  the  family  of  eitliei 
the  Biilish' consul  or  cliarged'atl'airs  in  Mexico." 


I  have  referred  to  the  connexion  of  Maenamara's  movements 
wilh  the  public  vessels  of  Great  Britain  as  presiunptive  evidence 
of  the  connexion  of  the  British  Government  with  them,  I  do  not 
inquire  whether  Admiral  Seymour  had  special  instructions  or  not. 
From  the  declaration  of  Admiral  Purvis,  in  the  intervention  of  La 
Plata,  it  is  highly  probable  that  British  naval  officers  cruising  iu 
distant  seas  have  aeneral  instructions  "to  protect  British  interests 
at  all  hazards,"  (I  believe  that  is  the  phrase,)  leaving  an  unlim- 
ited discretion  to  the  officer  and  giving  to  the  government  the  ad- 
vantage of  being  able  to  approve  or  tlisavow  his  conduct,  in  spe- 
cial cases,  according  to  its  own  interest.  From  all  the  circum- 
stances connected  with  the  transactions  in  California,  we  are  con- 
strained to  believe  that  the  British  naval  commander  was  fully  ap- 
prised of  Maenamara's  objects,  as  well  as  the  design  to  place  thai 
country  under  the  protection  of  Great  Britain,  and  that  he  was 
there  co-operating  in  the  one,  and  ready  to  co-operate  in  the  other. 
Indeed,  by  referring  to  the  testimony  of  Mr.  Loker,  at  page  39, 
it  will  be'secn  that  his  arrival  there  had  been  talked  about  and  ex- 
pected with  a  view  "to  take  possession  of  ('alifornia." 

I  have  given,  Mr.  President,  a  mere  outline  of  the  transactions 
of  British"subjects  and  British  agents  in  California.  The  leading 
facts  are  vcriiied  by  the  affidavits  of  Col.  Fremont,  Capt.  Gilles- 
pie, of  the  marino  corps.  Lieut.  Minor  and  Midshipman  Wilson, 
of  the  navy.  Col.  Kiis.scll.  dipt.  Hensley.  Doctor  Baldwin,  and 
many  gentlemen  ciinnecled  with  the  civil  and  luilitary  transactions 
of  the  Californias  after  the  rupture  between  the  United  States  and 
Mexico  ;  and  some  of  the  most  inniortant  circumstances  are  au- 
ihenticatcd  by  the  public  records  ol  California  which  fell  into  our 
po.sscssion. 

It  is  impossible  that  the  success  of  these  movements  should  not 
have  brought  us  into  direct  collision  with  Great  Britain.  Wo 
could  not  have  failed  to  regard  them,  considered  in  connexion  with 
her  proceedings  in  Oregon  and  more  recently  in  Central  America, 
as  part  of  a  ilelibcrato  design  to  environ  us  with  her  colonies,  and 
especitklly  to  shut  us  out  from  the  Pacific  and  its  extending  coiu- 
raeree.  "From  all  the  facts,  we  can  hardly  doubt  either  that  she 
would  have  taken  possession  of  the  country  in  her  owu  name,  or, 


March  29.] 


CALIFORNIA  CLAIMS. 


42'r 


■what  is  perhaps  more  probable,  that  she  would  in  the  first  instance, 
have  taken  it  under  her  protection.  In  this  case  the  drama 
of  the  Musquito  coast,  the  performers  only  being  changed,  would 
have  been  acted  over  again.  A  Californian  governor,  somewhat 
above  the  grade  of  the' king  of  the  Musquitos  in  respectability, 
but  on  the  same  level  with  him  in  subservience  to  the  protecting 
power,  would  have  been  put  in  the  forecround,  while  British  sub- 
jects would  have  occupied  the  country  and  gradually  reduced  it 
into  the  possession  of  Great  Britain.  Thus  shut  out  from  the  Pa- 
cific, our  own  people  would  have  been  mot  at  the  Sierra  Madre, 
or  perhaps  still  further  east,  and  the  tide  of  emigration  and  set- 
tlement would  have  been  turned  back  upon  the  Atlantic  coast.  It 
is  in  this  point  of  view  that  these  transactions  possess  the  greatest 
interest  and  importance,  and  that  the  sagacity,  promptitude,  and 
decision  of  your  youthful  commander  in  California,  at  the  time  ihe 
disturbances  broke  out,  have  given  him  the  strongest  claims  on  his 
countrymen,  Anv  faltering  on  his  part— any  hesitancy  in  acting, 
and  in  acting  promptly— might  have  cost  us  millions  of  dollars 
and  thousands  of  lives  ;  and  it  might  also  have  cost  us  a  contest 
of  which  the  end  is  not  readily  foreseen. 

Mr.  ATCHISON— t  deem  it  my  duty  from  various  considera- 
tions to  support  the  main  principles  of  this  bill.  Many  of  the 
claimants  are  natives  of  Missouri,  and  have  been  known  to  me  al- 
most from  my  boyhood.  The  bill  proposes  to  make  an  appropriation 
for  the  satisfaction  of  these  claims  for  military  services  in  Califor- 
nia, and  iirescribes  the  manner  in  which  the  justice  of  these 
claims  shall  be  ascertained.  In  both  these  objects  I  concur. 
It  was  the  citizens  of  California  under  Col.  Fremont  who  made 
this  conquest,  and  the  benefits  of  that  conquest  have  accrued,  as 
has  been  properly  said,  to  the  United  States— and  in  a  financial 
point  of  view  it  will  be  found  that  this  conquest  has  been  made 
at  less  cost  than  any  other  during  the  war. 

Mr.  President,  I  can  fully  justify  Col.  Fremont  in  all  that  he  did 
in  California.  Indeed  lie  would  iiave  deserved  the  execration  of 
the  American  peoule,  and  he  would  have  received  it,  had  he  done 
less.  What  were  "the  circumstances  ?  It  seems  he  had  taken  up 
his  line  of  march  for  Oregon.  He  had  left  California  and  had  ad- 
vanced as  far  as  the  northern  extremity  of  Llama  Lake.  He  was 
there  overtaken  by  an  officer  of  the  United  States  who  informed 
him  that  preparations  were  making  to  expel  the  American  settlers 
from  California,  upon  the  groundless  pretext  that  they  were  about 
to  commence  an  insurrection  against  the  government.  Col.  Fre- 
mont had  ihen  under  his  comuiand  about  one  hundred  and  sixty 
men,  and  there  was  in  the  territory  what  was  called  the  California 
battalion,  not  exceeding  three  hundred  men,  composed  of  those  who 
had  gone  into  that  country  as  emigranis,  intending  to  settle  there. 
What  could  Col.  Fremont  have  done  except  what  he  did  do? 
What  could  any  man  who  l.ad  a  heart  in  his  bosom  do,  when  the 
very  annihilation  of  his  countrymen  was  threatened?  When,  too,  he 
had  aiuhentic  information  that  they  were  not  Only  in  danger  from 
a  civilized  force,  but  that  ihc  Indians  were  to  be  stirred  up  against 
them  ?  I  appeal  to  every  Senator,  what  could  he  have  done  under 
such  circumstances?  Sir,  had  he  not  acted  as  he  did,  he  would 
have  deserved  and  received  the  execration  of  every  honest  man  in 
the  United  States.  He  returned  upon  the  receipt  of  this  informa- 
tion to  the  valley  of  the  Sacramento,  where  he  had  several  engage- 
ments with  the'forces  of  the  enemy.  This  was  on  the  8th  or  9th 
of  May,  and  here  let  me  remark,  that  hostilities  had  commenced  in 
another  place.  It  was  upon  those  days  that  the  battles  of  Palo  .-Mto 
and  Resaca  de  la  Paluia  were  fought.  There  was  no  place  for  our 
citizens  to  retire  to.  They  were'  but  actina  upon  the  first  law  of 
nature,  self.defonce.  It  was  not  then  known  that  war  was  de- 
clared, it  is  true,  but  they  could  do  nothing  else  than  repel  the  hos- 
tilities with  which  they  were  assailed.  Col.  Fremont  as  the  oflTi- 
cer  of  this  go%'ernraent,  could   not,  it  is  true,  have  raised  the  flag 


of  the  United  States  in  California  ;  a  short  time  afterwards,  how- 
ever, the  news  of  the  war  with  Mexico  arrived,  and  then  the  stan- 
dard of  the  United  States  was  raised,  the  stars  and  stripes 
taking  the  place  of  the  grizly  bear.  Commodore  Stockton  then 
took  the  command,  and  Col.  Fremont  was  required  to  raise  as 
many  men  as  he  could,  to  complete  the  conquest  of  California. 
This'  was  done,  and  in  a  period  of  about  nine  months  the  work  wa» 
accomplished.  The  volunteer  forces  which  he  raised,  furnished  all 
the  necessary  supplies  and  munitions  of  war  themselves,  to  carry 
on  the  campaign.  These  supplies  were  purchased  by  Col.  Fre- 
mont on  the  behalf  of  the  government,  upon  his  own  responsibility  ; 
and  it  seems  to  me  that  the  act  having  been  adopted,  by  this  go- 
vernment  taking  formal  possession  of  the  country,  government  if 
not  legally,  is  at  all  events  morally  bound  to  make  compensation. 
The  government  should  do  one  of  two  things,  they  should  either 
relinquish  all  claim  to  California,  or  else  they  should  make  the  ne- 
cessary appropriation  to  pay  these  men.  Upon  the  plainest  prin- 
ciple of  justice  and  morality — to  say  nothing  of  interest — we  must 
do  one  or  the  other.  We  must  either  relinquish  to  these  citizens 
the  country  which  they  were  instrumental  in  conquering,  or  wo 
must  indemnify  them.  They  made  great  sacrifices,  and  we  have 
made  use  of  their  property,  and  services.  It  is  right  then  that 
they  should  be  indemnified.  I  have  had  conversations  wilh  well 
informed  persons  who  were  there  at  the  time,  and  ihey  informed 
me  that  the  cinigraius  who  were  then  coming  to  that  country, 
left  their  families  in  the  mountains,  and  joined  this  battalion  for  the 
purpose  of  defending  their  cuuntrymeu.  who  were  already  settled 
in  California.  I  have  been  further  informed  that  many  of  them 
did  not  receive  one  cent  of  pay  for  many  months  service.  They 
entered  the  service  well  clothed  and  well  equipped,  with  all  the  little 
funds  they  could  spare,  making  use  of  their  own  houses,  and  thus 
contributed  to  the  conquest  of  California.  And  they  did  all  this 
upon  the  assurance  of  officers  of  the  United  States,  that  they  would 
receive  compensation  for  their  services.  I  could  refer  you  to 
proofs  if  it  were  necessary,  hut  I  presume  every  gentleman  has 
read  the  testimony.  Many  of  these  witnesses  I  have  known  a  long 
time,  and  they  are  all  men  of  respectabdity,  high  standing,  and 
unimpeachable  veracity.  I  hope  there  will  be  no  objection  to  the 
passage  of  this  bill,  for  I  think  there  can  be  no  question  as  to  the 
propriety  of  its  passage.  There  are  points  however,  about  which 
I  have  some  doubt,  and  that  is,  whether  it  is  within  the  constitu- 
tional power  of  Congress  to  name  the  commissioners  ;  but,  that 
Col.  Fremont  and  the  officers  of  the  battalion — the  persons  con- 
nected with  the  transactions — should  constitute  this  commission, 
there  can  be  no  question.  They  can  have  no  interest  separate 
from  that  of  the  government,  as  far  as  I  can  see.  Their  duty  will 
be  only  to  ascertain  what  claims  are  just,  and  allow  only  such  as 
are  of  that  character.  The  men  who  transacted  the  business  are 
most  likely  to  know  the  details,  and  are  most  capable  of  judging 
as  to  the  correctness  of  the  claims.  There  are  only  two  proposi- 
tions presented,  one  is  to  pay  for  the  services  rendered,  and  the 
other  the  appointment  of  a  proper  commission  to  decide  upon  the 
claims. 

Mr.  RUSK  indicating  a  wish  to  make  some  remarks  upon  the 
subject,  the  further  consideration  of  the  bill  was  postponed  until 
to-iuorrow. 

EXECUTIVE    SESSION. 

On  motion  by  Mr.  HANNEGAN,  the  Senate  proceeded  to  the 
consideration  of  Fxeiutive  business,  and  alter  some  time  spent 
therein, 

On  motion, 

The  Senate  adjourned. 


428 


PETITIONS— CONGRATULATIONS  TO  THE  FRENCH. 


[Thursday, 


THURSDAY,  MARCH  30,  1848. 


PETITIONS. 

Mr.  DIX  presentej  the  petition  of  Hall  J.  Kelly,  asking  a  grant 
of  land  in  Oregon,  for  services  rentleveil  in  exploring  and  develop- 
ing the  resources  of  that  country  ;  which  was  referred  to  the  Com- 
mittee on  Public  Lands. 

Mr.  HALE  presented  a  petition  of  citizens  of  Maine,  praying  a 
speedy  termination  of  the  war  with  Mexico,  and  the  abolition  of 
slavery  in  the  District  of  Columbia  ;  the  motion  to  receive,  which 
was  laid  upon  the  table. 

Also,  a  petition  of  citizens  of  Erie  county,  New  York,  express- 
ing their  belief  that  slavery  never  had  any  constitulional  existence, 
and  prayinL'  the  adoption  of  measures  for  its  abolition  throughout 
the  United  States. 

Mr.  HALE  moved  that  the  petition  be  received,  and  referred 
to  the  Committee  on  the  Judiciary. 

Mr.  DOWNS  moved  that  the  motion  to  receive  the  petition  be 
laid  upon  the  table;  which  was  agreed  to. 

Mr.  HALE  presented  a  petition  from  citizens  of  Mentz,  New 
York,  praying  an  inquiry  into  the  constitutionality  of  slavery,  and 
the  propiiety  ol  cxiending  the  writ  of  habeas  corpus  to  every  in- 
habitant of  the  United  States.  He  thought  that  this  petition  did 
not.  come  within  the  practice  of  the  Senate  in  regaid  tn  abolition 
petitions,  as  it  did  not  ask  for  the  abolition  of  slavery.  He  thought 
it  due  lo  the  petitioners  that  the  subject  should  receive  tlie  consi- 
derat'on  of  a  committee,  and  a  report  be  mad©  which  would  en- 
lighten them  on  the  subject. 

Mr.  TURNEY  moved  that  the  motion  to  receive  be  laid  on  the 
table. 

Mr.  HALE  demanded  the  yeas  and  nays,  which  were  ordered; 
and  It  was  decided  in  the  affirmative,  as  loUows  : 

YEAS— Messrs.  Allen,  Ashley,  Atc-liison,  Bagby,  Bieese,  Botler,  Callioiin,  Da- 
vis, of  iVIississi|ipi,  DiclviDsoii.  llix.  Daytuu,  Downs.  Douglas,  llannegaD,  Hunter, 
JuhnsoD,  ol'  Ga,,  Lewis,  Mauguni,  Moor,  Nites,  Kusit,  Turiiey,  Westcolt,  Yu- 
lee— Sf. 

N  AYrf. — Baltlwin,  Davis,  ol"  Massachasetts,  Hale,  Miller,  Phelps,  Underwood,  I'p- 
ham. — 7. 

Mr.  PHELPS  prssented  a  memorial  from  citizens  of  the  United 
States  praying  the  puichase  of  Mount  Vernon  by  the  goveinment; 
which  was  laid  upon  the  table. 

WRECKS    OF    VESSELS. 

Mr.  DAVIS,  of  Massachusetts,  submitted  the  following  resolu- 
tion, which  was  considered  by  unanim<)Us  consent  and  agreed  to  : 

Resolved,  That  the  Secretary  of  tlie  Treasury  l)e  instructed  to  coni.iiunicate  to  tlie 
Senate  such  iulVirmation  as  he  may  possess,  or  mav  he  able  to  collect  in  regard  10 
wrecks  of  vessels  heloii^Mug  to  the  United  States  during  the  year  which  wdi  enil  the 
UOtli  June  ne.\t,  designating  the  places  wliere  such  wrecks  occurred,  the  tluie  when, 
and  all  other  circumstances  alteniling  the  same  whicii  he^rnay  deem  useful. 

PRIVATE    BILLS. 

Mr.  DOWNS,  from  the  Committee  on  Private  Land  Claims, 
submitted  a  report  accompanied  by  a  bill  for  the  relief  of  Heiii'y 
Fredien  and  other  citizens  of  Louisiana. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  for  the  re- 
lief of  the  legal  representatives  of  William  McKenzie,  late  a  sea- 
man on  board  the  United  States'  ship  \'incerines,  reported  it  with- 
out liiueiidment. 

Mr.  DIX,  from  the  Committee  on  Commerce,  lo  whom  was  re- 
ferred the  bill  from  the  House  of  Representatives  for  the  relief  of 
Elijah  H.  Willis,  reported  it  without  amendment. 

CONURATUL.^TIONS  TO  THE  FRENCH. 

The  loUowing  joint  resolution  coming  up  in  its  order,  it  was 
read  a  second  tune  ; 

Resiilrnl  hij  Ihf   Stnutf  uitil   Jhnisr  of  liepri-snitntirfK  nf  the    Vuitrii  SInlfs  of 
America  m  <  one rrss  oxsimMnI,  Tlint,   in    the   name  anil    behalf  of  the  American 
people,  the  congiatulations  ol  Congress  arc  hereby  tendered  to  the  |»eople  of  Kraiicc 
u|ion  their  success  in  tlieir  rccenl  etlbrls  to  consolii'lale  lilierly,  by  embodving  its  ]irin 
ciples  it)  a  republican  form  ol  government 

Resolved,  That  the  President  of  t 


lo  irausniit  this  resolultoii  to  tin 
sent  it  10  the  French  goveriinii 


United  States  he,  and  he  is   hereby,  rei]nesleii 
\meric:in  iimiisler  at  I'aris,  with   iuslructiuns  to  pre 


Mr.  BALDWIN  then  moved  that   the 
the  Commillee  on  Foreign  Uelations. 


csolmion  be  referred  to 


Mr.  ALLEN. — I  have  no  very   great  feeling   on  the  subject  of 
this  particular  motion.     I  do  not   know,   sir,   that  it  will  make  a 


great  deal  of  difference  whether  this  resolulion  be  referred  to  the 
Committee  on  Foreign  Relations  or  retained  by  the  Senate  and 
made  the  special  order  of  the  day  for  a  day  in  future.  I  cannot 
anticipate,  sir,  what  may  or  may  not  be  the  opinion  of  the  mem- 
bers who  compose  that  committee  with  regard  to  this  resolulion  ; 
I  will  however  presume  to  say,  that,  whatever  the  opinion  of  the 
committee  may  be,  I  doubt  not  they  will  ali'ord  the  Senate  an  op- 
portunity, bv  a  report  on  the  subject,  to  express  its  opinion  upon 
the  resolution  itself  or  the  principles  embraced  in  it.  But,  sir,  it 
does  not  seem  to  me  to  be  one  of  those  propositions  which  require 
the  intervention  of  a  committee  previous  to  the  action  of  the  Se- 
nate upon  them.  It  is  an  isolated  proposition — without  detail — 
without  complexity — which  is  presented  to  the  mind  of  every  Se- 
nator, and  it  is  therefore  of  a  character,  which,  it  would  seera  to 
me,  must  render  it  totally  unnecessary  that  it  should  be  referred 
to  a  standing  or  even  a  select  committee.  Near  the  beginning  of 
litis  session,  sir,  a  resolution  was  submitted  by  the  honorable  Se- 
nator froin  South  Carolina  [Mr.  Calhoun]  in  relation  to  what 
ought  or  ought  not  to  be  the  policy  of  the  government  of  the  L'ni- 
ted  States  with  regard  to  Mexico.  That  resolution  looked  to  a 
pendins  state  of  things,  and  was  in  its  very  nature  a  complex 
proposition.  It  was  so  much  so,  and  so  immediately  connected 
with  the  action  of  our  government,  that  I  thought — with  great  de- 
ference to  the  better  opinion  of  others  however — that  it  would  be 
most  wise,  most  circumspect,  in  every  way  most  judicious,  that  a 
resolution  of  that  import- — in  full  view  of  the  actual  relations 
which  this  country  bore  to  Mexico,  at  the  moment  the  resolution 
was  introduced — ^should  be  referred  to  the  Committee  on  Foreign 
Relations.  But  the  honorable  mover  of  the  resolution  deemed  it 
totally  unnecessary  that  any  such  reference  should  be  made  ;  and 
seemed  to  consider  the  motion  to  refer  as  a  motion  hostile  to  the 
resolution,  and  as  an  indirect  attempt  to  evade  the  consideration 
of  it  by  the  Senate.  He  therefore  opposed  the  reference,  and  qji- 
posed  It  with  reasons  so  good,  in  the  judgment  of  a  majority  of 
the  Senate,  that  his  opposition  prevailed,  and  the  reference  was 
not  made  according  to  the  motion. 

The  proposition  which  I  have  submitted  is  a  simple,  isolated 
proposition  ;  it  presents  a  solitary  question  to  the  minds  of  the 
Senate,  unembarrassed  and  unelaborated  by  any  details,  a  question 
on  which  no  committee  can  enlighten  the  Senate  otherwise  than 
by  making  a  report  and  presenting  an  argument  for  or  against  the 
specific  proposition  contained  in  the  resolution.  I  therefore  trust 
that  this  reference  will  not  be  made,  but  that  the  Senate  will  re- 
tain possession  of  the  resolution  and  fix  a  day  on  which  it  will  take 
it  up  for  consideration  and  dispose  of  it  in  the  usual  form  by  a  for- 
mal vote  of  the  body.  Still,  sir,  I  shall  not  only  do  that  which  I 
am  obliged  to  do — ^acquiesce  in  the  judgment  of  the  Senate  upon 
this  subject,  but  I  shall  do  it  without  any  further  complaint  of  that 
judgment,  than  that  such  a  course  may  look  like  an  unwillingness 
on  the  part  of  the  body  lo  meet  this  question  upon  the  responsi- 
bility of  its  members,  I  shall  not  occupy  the  time  of  the  Senate 
any  longer.  Should  it  be  the  judgment  of  the  Senate,  that  the 
resolution  be  referred,  I  trust  that  the  committee  to  which  it  is  so 
referred  will  report  it  back  in  such  a  form  as  to  give  the  Senate 
the  command  of  the  question,  and  not  withhold  it  too  long,  to  ena- 
ble us  to  fix  a  day  for  its  final  consideration. 

I  am  not  goini^  into  a  discussion  of  the  question  presented  in 
this  resolution  now.  If  I  were  ever  so  much  desirous  of  doing  so, 
and  the  Senate  ever  so  much  desirous  of  granting  me  the  honor  of 
its  attention,  still  the  cold  whicli  I  have  would  prevent  me  from 
doing  so  at  present  ;  but  I  will  state,  that  if  any  member  of  this 
body  supposes  that  this  resolution  originated  inconsiderately  with- 
out ;t  just  api»rcciation,  as  far  :is  uiv  iiiiinl  could  appreciate  such 
an  important  object — without  :i  just  appreciation  of  the  cfiect  of 
its  passage,  those  who  entertain  this  supposition  are  much  mis- 
taken. I  duly  considered  this  matter  in  all  its  forms  and  aspects  ; 
and  never  in  toy  whole  life  have  I  embraced  any  proposition  with 
a  more  thorough  approbation  ol' my  heart,  and  my  mind,  than  that 
which  I  have  submitted  in  the  form  of  this  resolution.  I  think, 
sir,  that  I  know  what  I  am  about;  I  think  that  when  I  undertake 
to  submit  a  resolution  to  exjircss,  through  the  instrumentality  of 
the  two  hoti.ses  of  ('ongrcss,  the  approval  of  the  American  ])eople 
of  this  great  movement  in  Europe,  that  I  know  what  I  am  about. 
But,  sir,  as  I  said  before,  I  will  not  go  into  this  matter  now  :  but 
I  hope  to  have  tin  opportunity  of  going  into  it  in  till  its  tlcpths, 
even  to  its  deepest  louiulations.  It  was  remarked  bv  a  distin- 
guished member  of  this  body  not  long  since,  that  we,  now-a-days, 
hear  but  little  saiil  upon  the  great  clem.'ntary  truths  of  public 
libertv;  that  the  subject  seemed  to  be  forgotten.  Here,  sir,  is  an 
occasion  for  reviving  and  reviewing  the  elementary  principles  of 
public  liberty;  and  I  desire,  for  one,  to  contribute  my  humble 
etlorts  to  remedy  this  evil  of  which  wo  have  heard  so  much  ctuu- 
plaint — that  in  our  discussions  here  the  public  mind  has  seldom 
been  directed  to  the  great  question  of  liberty,  that  we  were  dis- 
tracted with  ideas  of  conquest,  and  had  lost  sight  of  ideas  of  liber- 
ty.    When  this  discussion  shall  como    up,  I  desire  to   go  into  ibis 


March  30  J 


CONGRATULATIONS  TO  THE  FRENCH. 


429 


rich  subject,  and  to  remedy  that  defect  in  our  discussions  which 
we  have  heard  of  not  long  since  in  this  Senate.  And  I  shall  hope 
to  have  the  aid,  or  rather  something  more  than  the  aid  of  much 
abler  men  than  myself  upon  this  floor,  for  I  will  not  presume  that 
any  man,  atfeeting  to  represent  the  American  people  would  be 
unwilling  to  say  on  their  behalf  that  they  congratulate  the  French 
people  upon  the  establishment  of  the  liberties  of  French,  I  will 
anticipate  no  such  result.  I  shall  not  ask  the  yeas  and  nays  upon 
the  motion  to  refer;  but  I  will  hope  that  the  Senate  will  not  refer 
this  resolution  to  a  committee. 

Mr.  HALE. — I  wish,  sir,  to  offer  an  amendment,  and  I  beg  to 
say  a  few  words  in  reference  to  it.  When  we  were  counselled  by 
the  President  of  the  United  States  to  establish  a  mission  to  Rome 
on  account  of  the  occurrence  of  "recent  political  events,"  there 
was  a  good  deal  of  discussion  as  to  what  the  Pope  had  done.  An 
honorable  Senator  from  Mississippi,  [Mr.  Foote,]  thought  that 
the  Pope  had  done  a  srreat  deal,  whilst  on  the  other  hand,  an  hon- 
orable Senator  from  North  Carolina,  [Mr.  B.^dger,]  thought  that 
his  Holiness  had  as  yet  accomplished  very  little.  In  the  ease  now 
before  us  I  think  it  must  be  admitted  that  something  has  lieen  done. 
The  French  revolution  has  not  been  altogether  fruitless.  It  pre- 
sents somethins  tancible.  I  propose,  sir,  that  our  resolutions  of 
congratulation  should  have  some  meaning,  and.  therefore,  submit 
the  "following  amendment  to  the  resolutions  of  the  Senator  from 
Ohio  : 

AiM  in  tlie  8tli  line,  after  the  word  "overnnient,  tliese  words  : 

"  And  rnnnifesting  the  sincerity  of  tlieir  purpose  by  institutinf?  niea-Jiires  for  llie  im- 
mediate emancijiation  of  the  slaves  of  all  the  colonies  of  the  republic."' 

When  we  send  such  a  resolution  as  that,  sir,  the  French  people 
will  be  informed  of  the  object  of  our  sympathy.  It  will  assure 
them  that  in  our  judgment  they  have  indeed  done  something  tanci- 
ble in  the  cause  of  liberty  and  humanity,  on  account  of  which  the 
heart  of  the  American  people  is  filled  with  joy  and  gladness.  The 
French  people  have  not  made  a  mere  einpty  declaration  of  their 
attachment  to  the  cause  of  liborty.  They  have  not  declared  the 
people  free  and  vet  retained  their  fellow  creatures  in  bondage. 
They  have  thwsdone  something  which  deserves  the  congratulations 
of  the  whole  world.  I  move  that  the  amendment  be  printed  for 
the  use  of  the  Senate,  and  that  it  be  referred  to  the  Committee  on 
Foreign  Relations. 

Mr.  DOWNS. — I  do  not  perceive  any  necessity  for  the  reference 
of  the  resolution,  and  as  it  is  obvious  that  there  must  be  some  de- 
bate, I  think  that  the  better  course  will  be  to  fix  a  day  lor  its  con- 
sideration. 

Mr.  HALE. — For  myself,  I  should  prefer  the  course  indicated 
by  the  Senator  from  Louisiana,  but  I  made  the  motion  to  refer  in 
order  to  meet  the  views  of  my  friend  from  Connecticut,  [Mr. 
Baldwin.] 

Mr.  CALHOUN. — I  do  not  perceive  the  slightest  necessity  for 
referring  this  resolution  to  the  committee,  and  on  that  point  I  en- 
tirely concur  with  the  views  of  the  mover  of  ii.  The  resolution  is 
simple;  it  requires  no  examination  of  details,  and  the  Senate  is 
just  as  competent  to  form  an  opinion  of  its  merits  as  any  commit- 
tee can  possibly  be. 

I   do    not   intend    to    enfr    at    present,    into    the    great   ques- 
tion presented  in    the  resolution.     To    act  upon   it    now,    would 
in    my   judgment,   be  premature.      The   people  of  France   have 
done  much."   They  have   made  a   mighty  revolution.     They  have 
overthrown  an  old  and  powerful  luonarchy;  and  decreed  the  esta- 
blishment of  a  republic.     All  this  they  have  accomplished  in  a  very 
short  period,  and  without   any  extraordinary  bloodshed   or  confu- 
sion.    It  is  indeed  calculated  to  excite  our  wonder,  and,  so  far  as 
the  aim  of  the  French  people  extends,  our  lively  sympathy.     But 
the  time  has  not  yet  arrived  for  congratulation.     Mucli  remains  to 
be  done.     The   real   work   to   be  performed  is  yet  before  them. 
They  have  decreed  a  republic,  but  it  remains  for  them  to  establish  a 
republic.     If  the  French  people  shall  succeed  in  that — if  they  shall 
prove  themselves  to  be  as  wise  in   constructing  a  proper  constitu- 
tion, as  they  h.ive   proved   themselves   to  be  skilful   in  demolishing 
the  old  form  of  government, — if  they  shall  really  form  a  constiiiuion 
which  shall  on  one  hand  guard  against  violence  and  anarchy,  and 
on  the  other    against    oppression   of  the    people,    they   will  have 
achieved. indeed, a  great  work.  They  will  then  be  entitled  to  the  con- 
gratulations not   only  of  this   country,  but  of  the    whole  civilized 
world.     But  if  they  fail,  what  then  ?     What  then  ?     Can  there  be 
a  more  important    inquiry?     If  France   fail,  under  what    form  of 
government  will   she  find  herself?     I  suppose  it  will  be  out  of  the 
question  to  go   back  to  a  constitutional   monarchy.     The  Bourbon 
family  in  all  its  branches,  is,  I   take  it,  now  odious   to  the  French 
people.     They  will    hardly  think  of  reinstating   the  old    imperial 
dvnastv  of  Napoleon.     An   aristocracy  they  cannot    think  of  ;  and 
vvhat  then  must   be  the  result  if  they  fail  to    establish  a  republic  ? 
If  it  come  to   contests  within,  or  wars  without — if  it  shall  be  ne- 
cessary to  resort  to  force,  to  repress  internal  discord,  or  overcome 
foreign  assailants— quite  a  possible  case — France  may  find  herself 
m  the  embrace  of  a  military  despotism.     Such  a  result  would  fur- 
nish no  ground  for  congratulation  either  on  our  part,  or  that  of  the 
civilized  world. 

This  is,  indeed,  a  mighty  movement.  It  is  pregnant  with  mighty 
consequences.  Whether  the  result  shall  prove  to  be  a  blessing  or 
a  curse  to  France  and  the  world, depends  upon  W'hat  is  coming, rather 
than  upon  what  has  been  already  dona.  A  revolution  in  itself  is  not 
a  blessing.  The  revolution  accomplished  by  the  French  people, 
is  indeed  a  wonderful  event — the  most  striking  in  niy  opinion,  in 


history;  but  it  may  lead  to  events  which  will  make  it  a  mighty 
evil.  It  is  therefore  premature  to  offer  our  congratulations  mere- 
ly upon  a  revolution.  We  must  look  to  the  consequences  and  the 
end.  We  must  await  the  termination  of  the  movement.  I  wish 
well  to  France — sincerely  do  I  wish  her  well  I  There  is  no  man 
that  breathes  who  has  a  deeper  or  more  profound  love  of  constitu- 
tional government  than  I  have — not  one.  But  I  have  never  known 
a  period  when  there  was  so  great  a  necessity  for  wise,  deliberate, 
cautious  procedure.  Great  events  are  before  us.  There  lives  not 
the  man  who  can  say  what  another  year  may  bring  forth. 

I  offer  no  opinion  as  to  the  success  or  failure  of  the  French  peo- 
ple in  this  effort.     I  see  tremendous  difficulties  in  the  way  of  suc- 
cess— difTiculties  resulting  from  the  social  condition  of  France,  and 
the    composition  of  her  people.     I  see  on   the  other  hand  a  good 
deal  of  encouragement.     The  success  of  the    French  people  will, 
in  my  opinion,  depend,  at  least  in  a  very  high  degree,  upon  the  fact 
whether  she  can  prevent  war — that  again  depending  upon  two  cir- 
cumstances; one,  whether  she  may  have  the  self-control  to  abstain 
from  itnproper  interference  with  surrounding  countries;  the  other, 
whether  they   may  have  the  moderation  and  good  sense  to  abstain 
from  assailing  France.    Thus  far  the  leading  power  of  Europe  has 
certainly  discovered  great  good  sense  and  foresight.     Great  Britain 
hits  done  as  she  ought  to  have  done;  and  I   trust    that  every  other 
power  in    Europe  will  stand  and  look  on;  giving  France  a  fair  op- 
portunity to  consummate  the  great  work  in  which  she  has  engaged. 
It  is  due  to  France,  to  the  civilized  world,  and  to  themselves,  that 
European  powers  should   observe    strict  non-interference.     If  she 
succ»:ed,  it  will  be  an  admonition  to  all  Europe,   that  the  time  has 
arrived  when  they  must  agree  to  yield  to  liberty  in  a  constitutional 
and  a  stable  form.     Thrones  will  fade   away,  and  freedom  and  re- 
publican institutions  become  the  order  of  the  day.     If,  on  the  con- 
trary, standing  aloof  and  avoiding  all    contest,  France  shall  fail  in 
this  great  undertaking,  after  a  lair  trial,  without  the  interference 
of  other  powers,  it  will  do  more  to  put  down  liberty  under  a  repub- 
lican form  of  government,  than  any  other  event  which  could  occur. 
Now  I  think  that  it  is  due   all   round   that  there   shall  be  a  fair 
trial.     The  first  step  to  that,  in  my  opinion,  consists  in  quiet  look- 
ing on  and  as  little  interference  as  possible.     To  France,  the  peo- 
ple everywhere  will  extend  their  sympathy  ;  but  I  do  contend  that 
the  governments  themselves  ought  to  be   prudent  and  abstemious 
in  the  expression  of  their  sentiments.     If  we,  as  a   government, 
extend  our  congratulations  in   this  formal  and  solemn  manner  ; 
others  may  take  the  opposite  and  denunciatory  course,  and  between 
the  two,  that  result  will  be  produced  which  must    inevitably  over- 
throw the  revolution — an  appeal  to  arras.     That  is  one  reason  why 
this  government,  looking   to   the   interests  of  France   alone,  and 
with  the  kindest  feeling,  ought  to  be  cautious  and  abstemious  in 
making  a  move.     My  opinion,  then,  is.  that  the  wisest  course  will 
be  to  lay  this  resolution  on  the  table,  expressly  on  the  ground  that 
it  is  premature.     The  circumstances  by  which  we  ouglit  to  be  reg- 
ulated in  expressing  or  withholding  our  congratulations  have  not 
yet  presented  themselves.     When  these  circumstances  do  occur, 
the  time  for  taking   up   the  subject  will  have  arrived.     AVe  know 
that  a  national  convention,  called  by  the   provisional  government, 
is  to  assemble  about  the  middle  of  next  month. 

Mr.  BENTON  (in  his  seat.)— It  will  meet  on  the  20th  of  next 
month. 

Mr.  CALHOUN. — Let  us  await  that  important  event.  Let  us 
await  the  action  of  the  convention.  That  will  be  wise  and  pni- 
dent.  Let  us  not  act  with  precipitation.  I  move,  then,  to  lay 
the  resolution  on  the  table. 

Mr.  DICKINSON.— I  ask  for  the  yeas  and  nays. 

Mr.  UNDERWOOD.— Will  the  gentleman  from  South  Caroli- 
na  withdraw  his  motion  for  a  moment  that  I  may  make  a  single 
remark  ?  » 

Mr.  CALHOUN. — I  cannot  withdraw  the  motion. 

The  call  for  the  yeas  and  nays  being  seconded,  they  were  or- 
dered and  were  taken  with  the  following  result. 

YEAS — Messrs  Bagby,  Baldwin,  Bentou,  Berrien.  Butler,  C&lhoQQ,  Davis,  of 
Mississippi,  Dayton,  Ilunter.  Mangam,  Miller,  Phelps,  Uphani,  and  Yulee — 14. 

NAYS—Messrs.  Allen.  Ashley.  Atchison,  .\lherton.  Bradbury,  Breese,  Caas, 
( 'laynon.  Criltenden,  Davis,  of  MassachuseUs,  Dickinson,  DiT,  Dongl.as,  Downs.  Felch, 
Foote,  Ilale,  Haune^an,  Houston,  Johnson,  uf  .Maryland,  Johnson,  of  Georgia, 
Lewis,  Moor,  Niles,  Rusk,  Spruance,  Turney,  Underwood,  and  VVestcott. — 29. 

,So  the  motion  to  lay  the  resolution  on  the  table  was  not  agreed 
to, 

Mr.  ALLEN. — On  a  great  question  like  this,  I  would  not  be 
guilty  of  the  petty  trickery  of  trying  to  force  a  vote  of  the  Senate, 
under  the  impulse'of  a  great  feeling  recently  excited  by  so  great 
an  event,  I  do  not  desire  the  thoughtless,  unreasonable  judgment 
of  the  Senate,  if  this  body  can  be  supposed  to  be  capable  of  such  a 
judgment  upon  such  a  proposition  as  this,  I  seek  the  deliberate 
judgment  of  the  Senate,  in  full  view  of  all  the  facts  upon  which 
that  judgment  is  to  be  fiaunded,  and  in  order  that  there  may  ha 
time  for  that  judgment  to  be  made  up,  I  move  that  the  resolution 
be  made  the  special  order  of  the  day  for  the  first  Monday  in  May. 

Mr.  BALDWIN. — There  is  a  motion  to  refer  row  pending. 

The  PRESIDING  OFFICER.— The  motion  is  to  postpone  till 
the  first  Monday  in  May. 

Mr.  JOHNSON  of  Maryland.— I  uuderstand  that  the  motion 
was  to  make  the  resolution  the  special  order  for  that  day. 


430 


CONGRATULATIONS  TO  THE  FRENCH. 


[Thcksday, 


Mr.  CRITTENDEN.— Does  not  the  motion  to  refer  take  pre- 
cedence f 

The  PRESIDING  OFFICER.— The  motion  to  postpone  is  first 
in  order. 

Mr.  UNDERWOOD. — I  concur  entirely  witli  the  remarks 
made  hy  the  Senator  from  South  Carolina  ;  Inn  I  voted  against 
his  motion  to  lay  the  resolution  upon  the  taldc,  hecause  I  ('onccive 
it  placed  me  in  a  false  position.  If  we  had  laid  the  resolution  upon 
the  table  it  would  have  been  an  act  from  which  inferences  might 
have  been  drawn  unfavorable  to  those  who  so  voted,  in  referenoe 
to  their  sympathy  with  the  great  movement  which  has  been  made 
by  the  people  of  France,  and  I  am  free  to  admit  that  my  heart  is 
with  them  in  every  step  which  they  have  taken.  I  have  rejoiced 
in  every  movement  which  the  French  people  has  mad?  Irom  time 
to  time  with  the  view  to  the  esTahlishmenr  of  a  republic.  But  al- 
though these  have  been  my  fcelinusj  antl  now  are  my  feelings, 
strongly  cherished,  I  am  admonished  to  caution  by  the  fact  that 
in  all  their  former  ellbrts  they  have  sii;nally  failed.  That  signal 
failure,  heretofore,  admonishes  me  of  the  propriety  of  observmg 
that  prudence  and  caution  recommended  by  the  Senator  from  South 
Carolina.  I  thuik  with  him,  that  it  is  wise  to  await  the  result  of 
this  great  movement.  If  France  succeed,  her  example  will  be 
followed  I  doubt  not  by  more  than  the  half  of  Europe.  If  she  fail, 
not  only  may  the  chains  of  monarchy  be  rivetted  more  closely 
in  Europe,  but  her  failure  may  seriously  atli?ct  the  safety  of  repub- 
lican institutions  throu^lutut  the  world. 

Now  what  iiught  to  be  done  ?  It  seems  to  me,  as  we  are  noti- 
fied throuirh  the  press,  that  the  elections  in  France  will  shortly 
take  place,  that  the  national  convention  will  soon  assemble,  and 
that  as  the  result  of  the  deliberations  of  that  body  will  reach  us 
before  we  adjourn,  that  we  ought  to  await  the  event,  before,  as  a 
government,  we  give  expression  to  our  opinions.  In  the  meantime 
it  will  be  quite  becominn-  in  any  of  us  as  citizens  lo  tender  our  con- 
gratulations to  the  French  people  in  this  movement.  Entertaining 
these  views,  and  as  there  is  no  prospect  that  wc  shall  obtain  the 
result  of  the  labors  of  the  French  convention  on  or  before  the  day 
named  by  the  Senator  from  Ohio,  I  move  to  postpone  the  conside- 
ration of  the  resolution  tUI  the  first  Monday  in  June. 

Mr.  DOUGLAS. — I  regret  that  the  Senator  from  Ohio  has 
consented  to  the  postponement  of  his  resolution  till  the  first  Mon- 
day in  May.  In  my  opinion  the  events  which  have  already  trans- 
pired fully  justify  us  in  expressing  our  sympathies  with  the  French 
people,  and  that  there  is  no  good  reason  lor  deferring  our  congrat- 
ulations till  May.  The  same  argument  which  is  now  urged 
against  our  actit)n  till  May  might  then  require  the  postponement 
of  the  resolution  until  December,  and  then  for  a  series  of  years. 
I  do  not  suppt>se  that  the  people  oi"  France  will  be  able  to  reduce 
their  system  of  government  to  perfection,  either  by  the  first  of 
May  or  during  the  present  year.  The  change  of  an  old  form  of 
government  to  a  new  one — the  organization  of  the  various  depart- 
ments of  the  government — the  j)utting  of  the  whole  machinery 
into  operation — the  familiarizing  of  the  people  to  the  new  order  of 
things — is  the  work  of  time.  But  ihey  have  made  a  beginning. 
They  have  made  a  glorious  beginning.  It  is  indeed  a  wonderful 
achievement,  and  forces  our  admiration.  A  revolution  accom- 
plished in  three  days',  almost  without  bloodshed,  by  moral  force, 
and  with  no  other  VA'eapons  than  hymns  of  liberty  and  shouts  of 
"down  with  the  King  !" — "down  with  the  Ministry!"  We  have 
before  us  the  first  acts  of  the  provision:il  gcvernnient,  and  in  my 
judgment  they  j)resent  suflicient  ground  for  hojie  and  confidence 
that  the  government  will  be  able  to  carry  out  what  they  have  be- 
gun, with  sobriety,  wisdom  and  determination.  In  looking  over  the 
decrees  i.ssueil  by  the  provisional  government  from  day  to  day  it 
appears  to  me  that  human  wisdom  could  not  have  devised  a  more 
prudent  course  than  they  have  adopted.  They  intend  to  efi'ect  a 
radical  revolution.  They  design  to  make  the  new  government 
repuldietin  in  all  its  principles  and  forms  ;  and  they  have  commen- 
ced the  work  in  a  manner  which  discovers  that  the  men  engaged 
in  it,  understand  their  business.  Never — ^if  we  cxc-ept  the  Conti- 
nental (Jotigress — has  a  body  of  men  assembled,  which  has  disco- 
vered so  much  skill  and  wisdom  as  has  thus  far  characterized  their 
proceedings. 

Why  then,  I  ask,  should  we  defer  our  congratulations?  What 
credit  shall  we  reflect  upon  ourselves;  or  what  support  shall  we 
render  to  France,  if  we  withhold  our  sympathy  and  our  congratu- 
lations till  the  struggle  is  over?  Now  is  the  time  when  our  sympti- 
ihies  arc  needed.  Now  is  the  time  when  we  slmuUI  extend  all  the  en- 
<-ouragemcnt  and  svip])ort  which  the  expression  n]^  our  feelings  may 
afford.  Now  is  the  lime  when  the  people  of  France  deserve  our 
.sympathy.  Now  is  the  time  when  our  .sympathy  should  be  given. 
They  would  not  thank  us  for  it  after  the  struggle  is  over  and  the 
great  work  is  completed.  We  propose  to  make  onr  sympathy  de- 
jtendent  u]>on  their  snooess  !  I  suppose  if  they  fail  wc  are  to  re- 
gard them  as  rebels;  and  that  it  is  only  in  the  event  of  their  suc- 
cess that  they  are  to  be  regarded  as  patriots  !  Our  judgment  with 
respect  to  the  great  movement  in  which  France  is  engaged  is  to  de- 
pend upon  their  success,  and  not  upon  the  work  itself!  I  do  not 
agree  with  the  gentleman  from  South  Camliiia,  who  says  that  if 
the  people  of  France  fail,  the  I'ailme  will  do  more  injury  to  tlin 
cause  of  liberty  than  any  event  which  can  possibly  take  place.  If 
they  fail  now,  you  will  find  that  another  movement  will  be  gene- 
rated which  will  bring  success  with  it.  This  is  the  first  step.  It 
may  be  that  they  may  leap  at  a  single  bound  from  a  m^marchy  to 
a  republic — from  comparalive  Uespotisiu  to  freedom.    It  may  bo 


that  it  will  require  a  slower,  a  more  protracted  process,  interrup- 
ted and  embarrassed  by  difficulties,  subjecting  them  to  trials  and 
sacrifices.  The  revolution  may  be  the  work  of  years.  But  what- 
ever may  be  the  process,  slow  or  rapid,  our  sympathies  are  with 
France  in  this  glorious  work,  and  the  utterance  of  those  sympa- 
thies should  be  prompt,  full  and  cordial.  The  fact  that  the  people 
of  France  have  dethroned  the  King  and  peacefully  decreed  a  re- 
public— the  fact  that  they  have  abolished  all  titles  and  orders  of 
nobility — the  fact  that  they  have  decreed  universal  suffrage  to 
France — the  fact  that  they  have  been  enabled  to  act  with  such  a 
spirit  of  moderation  and  wisdom,  as  to  combine  all  classes,  parties, 
and  factions  in  France — the  church,  the  army,  the  navy — in  one 
bond  of  brotherhood,  acting  in  concert  and  with  unanimity 
in  support  of  the  common  cause,  inspires  great  confidence 
in  the  success  of  the  movement,  and  I  am  unwilling  to  dampen  that 
hope  by  the  expression  of  any  doubts  here.  The  presentation  of 
this  resolution,  and  its  postponement  for  the  reason  stated,  that 
we  doubted  the  success  of  the  revolution,  and  that  it  was  not  yet 
safe  or  prudent  to  express  our  sympathy,  will  have  tiie  eft'ect  of 
castini'  a  shade  upon  this  movement.  I  have  no  fear  of  the  alter- 
native presented  by  the  Senator  from  South  Carolina,  that  the  ex- 
pression of  our  sympathy  and  congratulations  may  elisit  counter- 
expressions  from  other  governments.  If  Russia,  Prussia  and  Aus- 
tria wish  to  issue  denunciatory  declarations,  let  them  do  so.  Are 
the  people  of  France  likely  to  be  deterred  by  any  declarations  from 
such  sources  ?  Not  at  all.  But  they  do  feel  deeply  interested  to 
know  what  republican  America  thinks  of  this  movement,  because 
the  United  States  of  America  is  the  only  republic  upon  earth,  or 
the  only  one  that  deserves  the  name.  All  republicans  throughout 
the  world  have  their  eyes  fixed  upon  us.  Here  is  their  model. — 
Our  success  is  the  foundation  of  all  their  hopes.  Shall  we,  then, 
turn  a  deaf  ear  to  the  voice  that  comes  to  us  from  France  ? — shall 
we  hold  a  silent  tongue? — shall  we  hesitate? — shall  we  cast  a 
damper  on  their  hopes  by  expressing  a  doubt  of  their  success? 

I  am  opposed  to  withholding  or  deferring  the  expression 
of  our  sympathy  and  our  confidence.  I  believe  that  it  is  im- 
portant that  we  should  act  and  act  now.  The  prompt  action  of 
our  minister  in  Paris  presents  an  additional  reason  for  the  imme- 
diate passaue  of  the  resolution.  Our  minister  showed  that  he 
thought  he  was  safe  in  acting  in  advance  of  express  instructions 
from  his  government,  and  that  he  was  but  expressing  the  senti- 
ments of  the  people  and  government  whom  he  represented  in  ten- 
dering his  congratulations.  I  believe  he  did  express  the  feelings 
and  sentiments  of  the  people  of  the  United  States,  and  I  am  un- 
willing, by  the  postponement  of  this  resolution,  to  evince  any  doubt 
as  to  the  propriety  of  his  conduct.  I  make  this  remark  not  on  his 
account,  but  in  order  to  show  the  necessity  of  putting  ourselves 
right.  Why  should  we  postpone  the  resolution  till  May  ?  We 
cannot  have  learned  by  that  time  the  action  of  the  convention. — 
Are  we  to  await  the  action  of  that  body  ?  Surely  not.  Surely  we 
are  not  to  be  restrained  from  rejoicing  in  what  has  been  already 
done,  till  we  see  the  work  completed.  I  believe  that  the  work  is, 
indeed,  begun,  and  that  the  end  will  be  certain  triumph,  sooner  or 
later,  and  I  pray  that  it  may  be  achieved  in  the  shortest  time. 

Mr.  ALLEN. — I  fully  concur  in  all  that  has  been  said  by  my 
friend  from  Illinois,  as  to  the  unreasonableness  of  awaiting  the 
action  of  the  French  convention.  My  desire  is,  that  the  resolu- 
tion should  be  passed  as  speedily  as  possible.  In  naming  the  first 
Monday  in  May,  my  object  was  to  meet  if  possible  the  convenience 
and  wishes  of  others,  some  of  whom  desired  a  later  day,  and  some 
an  earlier  day.  But  it  is  impossible  to  fi.x  a  day  agreeable  to  all, 
and  as  I  wish  speedy  action,  I  shall  modify  my  motion  so  as 
to  substitute  for  the  first  Monday  in  May,  the  second  Monday  in 
April. 

Mr.  HANNEGAN  rose,  and  being  recognized  by  the  Presiding 
Officer,  was  about  to  address  the  Senate,  when 

Mr.  FOOTE,  who  had  also  risen  at  the  same  moment,  re- 
<|iiestcil  the  Senator  from  Indiana  to  yield  the  floor  for  a  very  few 
moments. 

Mr.  HANNEGAN. — If  I  .surrender  the  floor  to  my  friend  from 
Mississijipi,  the  inevitable  result  must  be,  that  I  will  be  obliged  to 
yield  to  every  other  gentleman  who  may  desire  it.  It  is  evident 
that  this  debate,  if  it  proceed,  will  occupy  the  whole  day,  and  as 
there  is  executive  business  which  requires  the  action  of  the  Senate, 
I  shall  be  ci  mpelled  to  make  the  motimi,  with  great  reluctance, 
that  the  Senate  now  proceed  to  the  consideration  of  executive 
business. 


Mr    DICKINSON  ■ 
of  the  resolution. 


-Let  the  vote  be  taken  on  the  postponement 


Mr.  HANNEGAN. — I  am  sorry  that  I  cannot  consent  that  the 
debate  should  proceed,  as   it  is  obvious  that   it  will  be  protracted. 

The  motion  being  temporarily  withdrawn, 

Mr.  l''OOTIC  rose  and  said  :  I  would  not,  of  course,  in  the  cir- 
cumstances, think  of  del.iining  the  Senate  by  any  extended  re- 
marks; but  I  do  regret  that  the  Senator  from  Indiana  could  not 
deem  it  consistent  with  his  duty  to  yield  the  floor  in  order  to 
nflia'd  me  an  opportunity  of  making  a  few  observations  on  a  sub- 
ject so  important  in  every  aspect,  as  that  which  has  just  occupied 
the  attention  of  Senate,  particularly  when  other  members,  enter- 
taining views  adverse  to  those  which  he  and  I  hold,  had  been 
heard  at  length.  I  wish  it  to  be  underslood,  that  in  my  opinion, 
the  public  sentiment  of  thia  country  oii  this  subject  h  matured. 


March  30.j 


CONGRATULATIONS  TO  THE  FRENCH. 


431 


The  Senator  from  South  Carolina,  as  I  understand,  desired  a  post- 
ponement of  the  resolution,  till  the  public  sentiment  had  been 
raatuied. 

Mr  CALHOUN.— Not  at  all.  I  said  tlial  I  desired  a  post- 
ponement of  the  resolution  till  wo  had  an  o|ip,.rtunilY  ..1  judging 
whether  the  movement  in  France  was  a  subject  ol  consratulation 
or  not. 

Mr    FOOTE— Well,  sir,  I  think  that    the  events  which   have 
already  ocMirred  fullv  iustily  all  thai  is  conlernplated   in  the  reso- 
lution      I  believe  that  the  American    people   have   looked  to    this 
matter,  and  understand  it  perfectly.     In  my  opinion    the  cnlii;lit- 
cned  instincts  of  this  free  people  have  already  settled  the  (picstion 
so  far  as  the  great  body  of  the  people  could  settle  it.     It  woiilil  he 
impossible  to  find  anywhere  throughout  this  broad  land,  an  assem- 
blarre  of  the  people,  in  which  it  would  be  at  all  necessaiy  to  awa- 
ken" their  interest  or  inform  their  understanding  by  any  discussion 
of  the  revolution  in  France.     The  excellent  remarks  ol  the  Sena- 
tor  from  Illinois  render  it  unnecessary  to  enter  into  any  aigiiinent 
against  the  postponement  of  our  action  on  the  resolution  ol  ored  by 
the  Senator  from  Ohio;  nor  would  I  have  said  a  word  on   the  su  >- 
iect,  but  for  the  fact  that  the  organ    of  a    large    and    respectable 
party,  published  in  this  city,  has  in  the  most  solemn   and   formal 
manner,  expressed  sentiments  hostile   to  the  movements  in   lavnr 
of  frced.im  in  France.     That  organ  is  supposed   to  represent   the 
views  and  sentiments  of  a  large  body   ol    American   freemen    and 
having  in  this  imposing  manner  uttered    its  denunciatory   declara- 
tion   the  impression  is  likely  to  be  made  on  the  French  people  that 
there  are  those  in  the  United  States  who  do  not  sympathize   wiUi 
them  in  their  struggle  for  liberty.     In  addition  to  that   a   member 
of  this  Senate,  whose  reputation  and  influence  are  difliised  through- 
out the  world,  has  not  hesitated  to  express  his  apprehension  as   to 
the  result  of  the  present  movements  in  France.  Indeed,  the  Senator 
from  Kentucky  has  gone  so  far  as  to  say  that  every  eflort  hit  herto 
made  to  establish  freedom  in  Franco  has  been  a       signal  lailurc. 
From  that  opinion  I  dissent  entirely,  and  at  the  proper  time.  I  in- 
tend to  be  heard  on  the  subject.     I  beg  the   Senator,  then,  to  pre- 
pare  himself  for  a  friendly  contest   on  that  point.     I  am  prcparca 
to  show   that  the  march   to    freedom  in  France  has  been  steadi  y 
onward  dnring  the  last    fifty   years— that   not  a  single  retrograde 
movement  has  been  made,  so  far  as  the  progress  ol  the  great  prin- 
ciples of  liberty  is  concerned— and  that  even  under  the  imperial  go- 
vernment, these  great  principles  were  continually  in  the  advance. 


Mr.  UNDERWOOD  —I  have  no  doubt  that  I  did  use  the  ex- 
pression just  alluded  to  by  the  Senator,  but  it  was  too  broad,  and 
IS  liable  to  a  construction  which  I  would  not  attempt  to  sustain. 
I  did  not  intend  to  convey  the  idea  that  no  advance  had  been  made 
in  France  in  regard  to  the  principle.*  of  liberty.  On  the  contrary, 
I  am  of  course  aware  that  great  progress  h;ui  been  made  in  that 
respect.  But  my  idea  was,  that  all  attempts  to  establish  a  repub- 
lican form  of  government  have  heretofore  been  fadnres. 

Mr.  FOOTE. — -I  am  glad  that  an  opportunity  has  been  offered 
the  honoiable  Senator  of  explaining  his  language,  which  was  cer- 
tainly liable  to   serious  misconstruction   both  here   and  elsewhere. 
His  explanation,  given  with  characteristic  manliness,  is  satisfactory 
to  nic,  and  must  be  so  to  all.     1  am  delighted  to  find  that  his  senti- 
mcnts'and  mine  correspond  so  perfectly.   I  will  not  detain  the'Senatc 
longer.   I  have  risen  only  to  say  that  I  am  prepared  for  action  on  the 
resoUitiim.     In  mv  opinion  wc  should  not  hesitate.     To  doubt  is  to 
damn  the  cause  of  freedom  in   France.     Our  minister,  in  the  noble 
spirit  which  becomes  an  American  freeman,  and  with  gimcthing  of 
the  moral  sublime  in  action,    presuming  that  the  American  people 
would  not  hesitate  onsueli  a  ciiiestion.  has  tendered,  in  our  name,  his 
congratulations  to  the  republic  of  France.    Shall  we  now  be  l-ggard 
in  this  good  cause?     Let  us  emulate  the   condiic't  of  Mr.  Jellerson, 
who  h.-iTled  the  French   revolutionists  of  a   former  day  as  brothers 
and  patriots  at  a  time  when  all    the   European  powers  denounceil 
ihcm  as  rebels  !     I  am    prepared  to  sustain   our  minister,  and  de- 
precate the   transmission  of  any  intelligence  which  might  indicate 
the  slightest  disagreement  in  this  body  on  the  great  subject  of  the 
liberty  of  France.     Of  course  I  will  not  now  enter  at  all  upon  any 
discussion  of  the  question.     I   rose   simply  to   protest  in  the  most 
solemn   manner  against  the  sentiments  to  which    I  have  alluded, 
and  to  ehallengo  courteously  those  who  entertain  them  to  courteous 
moral  combat. 

Mr.  HANNEGAN.— There  is  a  ease  of  individual  liberty  now 
pressing  us  rather  more  closely  than  this  question  of  public  liberty, 
which  we  will  have  ample  time  to  discuss,  and  I  therefore  renew 
my  motion. 

The  resolution  was  then  passed  over  informally,  and  the  Senate 
proceeded  to  the  consideration  of  Executive  business. 
At  a  late  hour,  the  doors  wore  re-opened,  and 
The  Senate  adjourned. 


'432 


PETITIONS— RESOLUTIONS,  ETC. 


[Friday, 


FRIDAY,  MARCH  31,  1848. 


RESOLUTIONS    OF  THE    LEGISLATURE    OF    INDIANA. 

Mr.  HANNEGAN  presented  a  resolution  of  the  Legislature  of 

tlie  State  of  Indiana,  in  favor  of  a  law  autliorizinn;  the  location  of 

bounty  land  warrants  issued  to   the  Indiana  volunteers,  upon    the 

■    Miami  reserved  lands  in  that  State;  which  was  ordered  to  lie  upon 

the  table  and  be  printed. 

Also,  a  resolution  of  .'-aid  Legislature  in  favor  of  increasing  the 
clothing  allowance  of  the  volunteers  who  are  now,  or  hereafter 
may  be,  in  the  service  of  the  United  States,  in  Mexico;  which  was 
ordered  to  lie  oi,  the  table  and  be  printed. 

Also,  a  resolution  of  said  Legislature,  in  favor  of  a  law  author- 
izing the  location  of  bounty  land  warrants,  in  quantities  less  than 
a  quarter  section;  which  was  ordered  to  lie  upon  the  table  and  be 
printed. 

Also,  a  resolution  of  said  Legislature  ui  favor  r)f  alaw  to  grafl- 
uate  and  reduce  ihe  price  of  the  public  lands;  which  was  ordered 
to  lie  upon  the  table  and  be  printed. 

Also,  a  resolution  of  said  Legislature  in  favor  of  the  enactment 
of  a  law^  to  provide  for  the  transportation,  at  the  cost  of  the  Gov- 
ernment, of  colored  emigrants  to  the  Reiiublic  of  Liberia;  which 
■was  ordered  to  lie  upon  the  table  and  be  printed. 

Also,  a  resolution  of  said  Legislature  in  favor  of  the  reduction 
of  the  price  of  the  public  lands  in  the  Miami  reserve,  in  the  State 
of  Indiana,  lo  actual  settlers;  which  was  ordered  to  lie  upon  the 
table  and  be  printed. 

Also,  a  resolution  of  said  Legislature  in  favor  of  reducing  the 
rales  of  postage  on  newspapers  and  periodicals;  which  was  or- 
dered to  lie  on  the  table  and  be  printed. 

Also,  a  resolution  of  said  Legislature  in  favor  of  reducing  ihe 
price  of  certain  inundated  public  lands  in  the  counties  of  Adams 
and  Jay,  in  that  State;  which  was  ordered  to  lie  on  the  table  and 
be  printed. 

Also,  a  resolution  of  said  Legislature  in  favor  of  the  postpone- 
ment of  the  sale  of  the  lands  lying  in  the  Miami  reserve  in  that 
State;  which  was  ordered  to  lie  upon  the  table  and  be  printed. 

Also,  a  resolution  of  said  Legislature  in  favor  of  a  grant  of  pnh- 
lie  land  for  the  improvement  of  the  Iroquois  and  Kankakee  rivers 
in  that  State;  which  was  ordered  to  lie  upon  the  table  and  be 
printed. 

Also,  a  resolution  of  said  Legislature  in  favor  of  the  establish- 
ment of  a  mail  route  from  Brownstown,  in  Jackson  county,  to 
Nashville,  in  Brown  county,  in  that  State;  which  was  ordered  to 
lie  upon  the  table,  and  be  printed. 

Also,  a  resolution  of  said  Legislature  in  favor  of  the  surrender 
to  the  State  of  Indiana,  on  certain  conditions,  of  that  portion  of 
the  Cumberland  road  lying  within  her  limits;  which  was  ordered 
to  lie  upon  the  table,  and  be  printed. 

Also,  a  resolution  of  said  Legislature  in  favor  of  the  establish- 
ment of  a  mail  route  from  Belleville,  Hendricks  county,  to  Leba- 
non, in  Boone  county,  in  that  Stale;  which  was  ordered  to  lie 
upon  the  table,  and  be  printed. 

Also,  a  resolution  of  said  Legislature  in  favor  of  a  law  author- 
izing volunteers  who  have  settled  on  the  public  lands  in  the  Miami 
reserve,  to  surrender  their  bounty  land  warrants  in  part  payment 
for  such  lands;  which  was  ordered  to  lie  upon  the  table,  and  be 
printed. 

Also,  a  resolution  of  said  Legislature  in  favor  of  the  establish- 
ment of  a  mail  route  from  Salem,  to  Bloomington,  in  that  State; 
which  was  ordered  to  lie  upon  the  table,  and  be  printed. 

Also,  a  resolution  of  said  Legislature  in  favor  of  a  law  directinT 
the  payment  of  the  annuities  of  the  Miami  Indians,  who  preferred 
to  remain  .as  citizens  of  that  State;  which  was  ordered  to  lie  upon 
the  table,  and  be  printed. 

PETITIONS. 

Mr.  UNDERWOOD  presented  a  memorial  of  citizens  of  Chris- 
tian county,  Kentucky,  praying  an  appropriation  for  the  re- 
pair of  the  dam  at  the  head  of  Cumberland  Island,  in  the  Ohio 
river;  which  was  referred  to  to  the  Committee  on  Roads  and 
Canals. 


Mr.  WESTCOTT  presented  the  memorial  of  Peter  B.  Dumas 
in  behalf  of  the  heirs  of  the  Manpiis  de  FougCres,  deceased,  prav- 
ing  permission  to  institute  legal  prnceedin^s  to  try  the  validity  of 
their  claim  to  certain  lands  in  the  State  ol  Florida. 

Mr.  WESTCOTT  moved  that  the  memorial  bo  referred  to  the 
Committee  on  the  Judiciary. 


Mr.  ASHLEY  observed  that  he  could  see  no  propriety  in  re- 
ferring this  subject  to  the  Committee  on  the  Judiciary.  It  was 
an  application  relating  to  a  private  land  claim.  To  be  sure  there 
was  a  question  of  law  involved  in  it,  but  he  apprehended  it  did 
not  belong  to  that  Committee  any  more  than  anv  other  private 
claim.  He  moved  that  it  be  referred  to  the  Committee  on  Private 
Land  Claims. 

Mr.  WESTCOTT.— I  was  requested  to  have  the  petition  refer- 
red to  the  Committee  on  the  Judiciary;  but  I  suppose  it  is  imma- 
terial to  which  Committee  it  goes.  I  shall  not  therefore  object 
to  the  motion  of  the  honorable  Senator. 

The  petition  was  referred  to  (he  Committee  on  Private  Land 
Claims. 

Mr.  DIX  presented  a  memorial  of  citizens  of  Rochester,  New 
York,  praying  an  appropriation  for  the  purchase  of  Mount  Vernon 
by  the  United  States. 

Mr.  DIX  said  he  had  had  some  doubts  as  to  the  proper  com- 
mittee to  which  this  memorial  should  bo  referred.  As  the  Com- 
mittee on  Military  Affairs,  however,  had  had  under  consideration 
the  subject  of  a  military  asylum,  and  it  might  be  that  the  two  sub- 
jects would  be  connected,  he  would  move  its  reference  to  that 
committee. 

The  reference  to  the  Committee  on  Military  Affairs  was  or- 
dered , 

Mr.  BRADBURY  presented  a  petition  of  ship-owners,  mer- 
chants, and  others,  of  Saeo,  Maine,  praying  that  an  appropriation 
may  be  made  for  repairing  the  piers  in  Saco  river;  wnieh  was  re- 
ferred to  the  Committee  on  Commerce. 

Mr.  HANNEGAN  presented  a  memorial  of  citizens  of  New- 
burg,  Indiana,  praying  that  an  appropriation  may  be  made  for  re- 
pairing the  dam  at  the  head  of  Cumberland  Island,  in  the  Ohio 
river;  which  was  referred  to  the  Committee  on  Roads  and  Canals. 

Mr.  UNDERWOOD  presented  the  memorial  of  Nancy  Hag- 
gard, daughter  and  heir  of  William  Grymes,  late  an  officer  in  the 
re.volutionary  army,  praying  the  payment  of  interest  on  the  amount 
of  his  seven  years'  half-pay;  which  was  referred  to  the  Committee 
on  Revolutionary  Claims, 

On  motion  by  Mr.  EELCH,  it  was 

Ordered,  That  Henry  R.  Schoolcraft  have  leave  to  withdraw  his 
memorial  and  papers. 

On  motion  by  Mr.  MILLER,  it  was 

Ordered,  That  leave  be  granted  to  withdraw  the  petition  of  the 
mechanics  and  laborers  in  the  Na\-y  Yard  at  Washington. 

ADJOURNMENT    OVER. 

On  motion,  it  was 
Ordered,  That  when  the  Senate  adjourn,  it  be  to  Monday  next. 

STEAM    E.\PL0S10NS. 

Mr.  WESTCOTT  submitted  the  following  resolution,  which 
was  considered  by  unanimous  consent  and  agreed  to  : 

Resolved,  Tiiat  tlie  Commissioner  on  Patents  lip  reqnested  lo  proceeit  in  the  exami 
nation  of  a|ii)lications  for  Patents  for  discoveries  usetui  for  tire  prevention  of  steam  ex- 
jilosioiis,  iienrlinj:  in  hi.s  office,  in  preference  to  ottier  applications  for  Patents,  and  that 
lie  report  sncti  of  Ilie  decisions,  on  sncli  apjilications,  as  he  may  deem  uscfnl,  to  riie 
Reiiale,  vvilli  lire  other  information  heretofore  called  for  by  tlie  tjcuate  from  his  office 
on  sai<l  subject. 

COMMERCE    ETC.    OF    SIBERIA. 

Mr.  DAVIS,  of  Mississippi,  from  the  Committee  on  the  Library, 
to  whom  was  referred  the  resolution  granting  authority  to  Mr. 
Palmer  to  make  certain  alterations  and  additions  to  the  memoir 
hcrRtoforo  ordered  lo  be  printed,  reported  the  same  without 
amendment,  and  rccoinmcnded  its  passage. 

The  resolution  was  considered  and  agreed  to. 

PRIVATE    DILLS. 

Mr.  BALDWIN,  from  the  Committee  nf  Claims,  to  whom 
were  referred  the  bills  from  the  House  of  Representatives  for  the 
relief  of  Bent,  St,  Vraiii  ami  Company,  and  for  the  relief  of  J. 
Throckmorton,  reported  them  without  amendment. 

CIRCUIT    COURT    PROCEEDINGS, 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  to  amend 
the  ;ict  entitled  ''An  act  to  regulate  proccedinirs  in  the  Circuit 
Court  ot  the  United  States,  and  for  other  purposes,"  passed  Au- 
gust 8th  1846,  reported  it  without  umendment. 


MiiacH  3J.J 


THE  CASE  OF  PATRICK  WALKE 


433 


MESSAGE    FROM    THE     HOOSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  clerk  : 

Mr.  Prpsidenf  :  The  House  of  Representatives  have  parsed  a  bill  authorizing  a 
term  of  the  Uniteii  Stales'  Circuit  and  District  Conrts  at  Chicago,  Illinois,  and  a  bill 
to  make  Ship  Island  in  the  collection  district  of  Pearl  river,  a  port  of  delivery,  and  to 
authorize  the  jipjiointmcnt  of  a  Surveyor  for  said  port ;  in  which  they  rerinest  the  con- 
rnrrence  of  the  Senate. 

PATRICK  WALKER, 

The  Senate  proeoeHed  to  consider  ihe  motion  made  on  Monday 
last,  by  Mr,  Bagby,  to  reconsider  the  vote  of  the  24th  instant,  on 
the  passage  of  the  bill  granting  a  pension  to  Patrick  Walker. 

Mr.  BAGBY  had  made  this  motion,  he  said,  at  the  snggrstion  of 
several  Senators,  who  desired  a  reconsideration  in  order  that  some 
general  system  applicable  to  such  cases  might  be  adopted  by  the  Se- 
nate. He  had  himself  voted  with  (he  majority  on  the  passage  of  the 
bill,  and  ho  had  not  changed  his  opinion  in  regard  to  it,  nor  would  he 
change  his  vote.  And  he  would  say  further,  that  whenever  a  case 
like  that  of  Patrick  Walker  was  presented  to  the  Senaie,  if  he  was 
here,  he  would  cheerfully  give  his  vote  for  granting  fortj  dollars  a 
itionih.or  whatever  sum  might  be  necessary  to  provide  for  his  sup- 
port ;  for  he  held  it  to  he  the  imperative  duty  of  the  government 
to  lake  care  of  their  wounded  and  disabled  soldiers. 

Mr,  DOWNS  said  he  hoped  the  vote  would  not  he  reconsidered. 
The  bill  was  one  which  had  been  introduced  by  his  colleague  who 
was  not  now  in  his  seat,  and  it  had  passed  by  a  large  majority. 
The  only  object,  as  he  understood,  of  the  reconsideration  was  that 
some  general  system  might  be  adopted,  but  he  could  see  no  good 
reason  for  deferring  this  bill  for  that  purpose.  If  a  general  sys- 
tem should  be  adopted,  which  would  be  applicable  to  Ihis  case, 
there  would  be  nothmg  to  prevent  the  case  being  included  and 
this  bill  would  then  be  inoperative.  In  the  nieaniime  this  man 
ought  not  to  be  allowed  to  suffer  for  the  want  of  his  pension  of 
which  he  was  greatly  in  need.  He  doubted  very  much  whether 
any  general  system  could  apply  to  a  case  so  extraordinary  ;  per- 
haps the  whole  war  would  not  present  another  ease  like  it. 

Mr.  BRADBURY. — The  unfortunate  soldier  for  whom  this  bill 
proposes  to  errant  a  pension,  is  one  of  iny  constituents  who  for- 
merly lived  in  my  vicinity,  and  I  have  examined  his  ease  and  must 
confess  it  is  one  in  which  I  feel  much  interest.  It  is  a  case  which 
addresses  itself  not  only  to  our  sympathy  but  to  our  sense  of  jus- 
tice. A  young  luan  in  the  prime  of  life  enters  the  serv'ice  of  his 
country,  and  while  engaged  in  battle,  bravely  sustaining  the  honor  of 
that  country,  is,  by  the  misl'ortunes  of  war,  mutilated  and  made  help- 
less for  life.  Both  hands  are  lost,  and  one  arm  from  the  shoulder; 
he  has  not  the  power  to  contribute  to  his  support,  nor  even  to  put 
on  his  clothes  or  help  himself  to  his  food.  He  now  asks  that  coun- 
try for  ^'hich  he  fought,  to  render  him  justice  ;  and  not  turn  him 
over  to  the  cold  charities  of  the  world.  I  hope  the  motion  to  re- 
consider will  not  prevail,  and  that  this  bill  will  not  be  delayed 
for  any  general  law.  It  is  a  case  that  general  laws  will  not  be 
likely  to  reach  ;  and  it  is  not  certain  that  any  general  law  will  be 
adopted  by  Congress,  nor  when,  if  it  should.  The  passage  of  this 
bill  will  not  prevent  the  adoption  of  a  general  system.  It  only 
does  justice  for  one  who  now  asks  it  ;  and  a  general  law  can  then 
precisely  as  well  provide  for  others  whose  cases  have  not  been 
reached  by  special  acts. 

Mr.  NILES. — The  honorable  Senator  from  Maine  expressed 
the  hope  that  Congress  will  do  justice  to  those  who  have  been 
disabled  in  the  public  service.  I  concur  with  him  in  this  view  ; 
hut  I  wish  to  make  provision  with  some  degree  of  equality.  Now 
I  do  not  hesitate  to  say.  that  if  this  case  is  to  be  made  a  prece- 
dent for  legislating  in  individual  cases,  you  will  have  a  pension 
list  of  at  least  five  millions  of  dollars.  This  I  understand  to  be  a 
case  of  disability  which  deprives  the  person  of  all  capacity  to  sup- 
port himself  by  any  kind  of  emptovment.  But  there  are  eases 
which  go  beyond  mere  disability.  One  of  the  citizens  of  my  own 
State,  near  the  close  of  the  last  war  with  Great  Britain  lost  his 
right  arm  whilst  serving  in  the  honorable  capacity  of  major,  and 
ho  is,  in  consequence  not  only  totally  disabled,  but  he  has  been 
subjectetl  to  much  pain  and  sutiering.  Well,  he,  and  ma.ny  hun- 
dreds of  others,  I  presume,  similarly  situated,  have  been  knocking 
at  your  doors  for  thirty  years,  and  have  been  turned  away  without 
having  any  provision  made  for  them,  I  wish  to  do  this  man  jus- 
tice ;  and  I  wish  to  do  justice  to  all  as  far  as  I  can,  but  if  cacti 
disabled  soldier  is  to  receive  a  pension  such  as  this  bill  provides, 
we  may  make  up  our  minds  to  have  a  pension  li.st  of  at  least  five 
millions  of  dollars.  I  hope  the  vote  will  be  reconsidered  with  a 
view  to  amend  the  bill. 

Mr.  CALHOUN. — I  voted  for  this  bill,  but  on  reflection  I  have 
been  induced  to  change  my  opinion.  I  understand  that  the  sub- 
ject has  engaged  the  attention  of  the  Military  Committee,  and 
that  they  are  preparing  a  bill  which  will  cover  this  and  similar 
cases  ;  and  under  this  view,  in  order  to  test  the  principle  whether 
wo  shall  defer  this  matter  a  little,  and  give  that  Committee  an 
opportunity  to  act  upon  the  subject,  I  move  that,  for  the  present, 
the  bill  lie  upon  the  table. 

PRESIDING  OFFICER.— The  motion  now  pending  is  to  re- 
consider the  vote  by  which  the  bill  was  passed. 

Mr.  DAVIS,  of  Miss.— I  will  merely  remark  that  I  have  no  ob- 
jection to  the  amount  to  be  paid.  I  am  not  sure  that  less  woidd 
suffice  for  his  comfortable  maintenance;  and  if   so  much  be  neces- 

30th  Cong. — Ist  Session — No.  55. 


gary,  so  much  I  am  ready,  if  this  system  is  to  be  pursued,  to  vote. 
But  I  object  to  it  because  it  is  a  special  mode  of  providing  for 
those  who  are  incapacitated  so  much  as  not  to  be  able  to  support 
themselves;  thus  holding  out  a  premium  to  those  who  solicit  in  per- 
son or  through  iheir  friends;  giving  them  additional  aid  which  is 
always  withheld  from  those  who  are  i)revcnicd,  either  by  poverty 
or  pride,  Irom  making  solicitation.  1  prefer  some  general  mea- 
sure, such  for  instance  as  I  proposed  a  few  days  ago,  lor  the  es- 
tablishment of  a  military  asylum,  where  soldiers,  war-worn  and 
destitute  of  friends,  may  be  protected  and  provided  for.  This 
would  be  monumentum  t^re  pcrcnnius  to  the  liberality  of  the  gov- 
ernment towards  those  who  have  becoiuc  disabled  in  the  public 
service.  I  was  much  pleased  with  the  remarks  of  the  honorable 
Senator  from  New  York,  when  submitting  a  proposition  for  the 
purchase  of  Mount  Vernon.  He  alluded  to  the  propriety  of  es- 
tablishing there  an  asylum  for  destitute  and  disabled  soldiers. — 
What  place  could  be  more  appropriate  than  the  tomb  of  the  lather 
of  his  country,  for  the  guardianship  of  war-worn  soldiers?  What 
more  fitting  place,  where  they  might  be  gathered  together,  and 
where  all  necessary  care  might  be  extended  to  them?  It  was 
with  Ihe  view  of  adopting  some  provision  of  this  nature  that  I 
objected  to  this  special  enactment.  I  hope  that  this  bill  will  be 
allowed  to  lie  upon  the  table  until  the  Senate  decide  whether 
they  will  adopt  a  general  system.  II  they  decide  against  it,  then 
will  I  be  ready  at  all  times  to  give  my  vote  for  granting  the  most 
liberal  pensioiis  to  those  who  have  suHerod  in  the  public  service. 

Mr.  BRADBURY. — The  passage  of  the  bill  will  throw  no  im- 
pediment in  the  way  of  the  adoption  of  a  general  law  to  provide 
for  disabled  soldiers.  My  objection  to  delay  in  relation  to  the 
passaue  of  this  bill  is  that  it  is  uncertain  whether  a  general  sys- 
tem will  be  adopted,  and  this  individual  is  so  situated  that  delay 
is  to  him  a  denial  of  just;ce.  I  hope  that  the  hill  will  be  allowed 
to  pass,  and  that  the  committee  will  at  the  proper  time  bring  for- 
ward a  measure  providing  for  the  establishment  of  an  asylum. 

Mr.  DAVIS.— The  committee  has  already  prepared  a  bill  for 
for  that  purpose.  The  Senator  cerlainly  cannot  suppose  that  this 
case  is  to  stand  out  and  he  distinguished  above  all  others  of  a  like 
nature.  If  every  case  is  to  be  provided  for  by  special  enactment 
then  there  will  be  no  necessity  lor  a  general  law;  but  the  impro- 
priety of  such  a  course  must  bo  apparent  to  every  Senator. 

Mr.  HANNEGAN. — In  reference  to  the  remark  of  the  honora- 
ble Senator  from  Mississippi,  that  those  who  make  personal  appli- 
cation are  always  provided  for  whilst  others  are  neglected,  I  can 
say  in  defence  of  the  present  applicant  that  his  application  arises 
from  stern  necessity;  it  is  forced  upon  hiiu;  he  has  no  alternative. 
He  has  no  means  of  subsistence,  and  since  he  has  been  here  he  has 
been  dependent  upon  the  generosity  of  two  distinguished  officers 
of  the  army  who  are  acquainted  with  his  heroic  conduct . 

Mr.  DAVIS. — I  hope  the  honorable  Senator  does  not  attribute 
to  me  a  want  of  sympathy  with  a  soldier  who  is  disabled  and  des- 
titute. If  a  suffering  scldier  require  pecuniary  aid,  I  will  go  as 
far  as  the  Senator  himself  in  rendering  aid  individually,  but  I  de- 
sire that  our  legislation  should  be  unilurm  and  based  upon  reason, 
that  there  shall  be  an  established  system. 

Mr.  HANNEGAN. — Certainly  I  have  no  sort  of  objection  to 
that.  On  the  contrary,  I  approve  of  the  proposition,  but  to  await 
the  adoption  of  such  a  measure  is  not  the  way  to  rescue  this  man 
from  suffering.  All  that  I  ask  is,  that  an  act  of  justice  shall  be 
done  to  this  brave  soldier. 

Mr.  MOOR.— I  understand  the  objection  of  the  honorable  Sen- 
ator from  Mississippi  to  this  bill  to  be  that  a  military  asylum  is 
to  be  provided  during  this  session  of  Congress,  and  that  special 
enactments  for  individual  relief,  will  therefoie  he  unnecessary.  But 
I  submit  to  the  honorable  Senator,  whether  it  is  prudent,  to  say  the 
least  of  it,  to  require  a  man,  whose  case  is  so  meritorious  as  this 
man's  is  admitted  to  be,  to  await  "the  passage  of  a  general  law — an 
event  that  is  by  no  means  certain?  Would  it  not  be  more  consist- 
ent with  humanity  to  grant  relief  without  delay  ? 

Mr.  DAVIS. — So  far  from  opposing  this  claim,  I  am  a  member 
of  the  committee  from  which  the  bill  was  reported,  and  gave  it 
ray  concurrence.  I  on,y  desire  that  titne  shall  be  given  to  test  the 
question,  whether  we  will  adopt  a  general  system  or  not. 

Mr,  MANGUM. — I  voted  for  this  hill  with  a  good  deal  of  reluc- 
tance. I  think  that  this  mode  of  legislation  is  exposed  to  all  the 
objections  which  have  been  stated.  It  seems  to  me  that  it  would 
be  better  to  let  the  appropriation  be  made  for  a  single  year,  and  in 
case  a  general  system,  which  will  embrace  such  cases,  be  not 
adopted  by  Congress,  the  act  for  the  relief  this  individual  can  be 
renewed.  If  this  be  assented  to,  I  will  vote  for  the  reconsid- 
eration. 

Mr.  DOWNS  asked  for  the  yeas  and  nays  upon  the  motion  to 
reconsider,  but  they  were  not  ordered. 

The  motion  to  reconsider  was  then,  upon  a   division,  agreed  to. 

Ayes  15  — Noes  14. 

The  question  recurring  upon  the  passage  of  the  bill — 

Mr.  MANGUM,  by  unanimous  consent,  moved   to  amend  the 

bill  by  striking  out  the  words  "during  his  natural  life,"  and  insert. 

ing  "for  the  period  of  one  year  ;"  which  was  agreed  to. 

Ordered,  That  the  bill  be  engrossed  and  read  a  third  time. 


434 


CONGRATT'LATIONS  TO  THE  FRENCH. 


[Tbiday, 


The  said  bill  was  read  a  third  time. 

Resolved.  That  Ihii  bill  pasi,  and  that  the  tilV  thereof  b©  as  aOi  slaitv 

Ordered,  That  the  Secretary  rcq':"«t  tlto  concurreti'^e  of  tho 
House  of  Representatives  therein. 

THE   FRENCH   BEVOI-UTION. 

The  Senate  resumed,  as  in  Commiltee  of  the  Whole,  the  con- 
sideration of  the  joint  resolution  tendering  the  congratulations  of 
the  American  to  the  French  peojile. 

The  question  pending  was  upon  the  motion  of  Mr  Allen  to 
postpone  the  further  consideration  of  the  resolution  to,  and  make 
It  the  special  order  for,  the  first   Monday  in  April. 

Mr.  BALDWIN. — When  jhese  resolutions  came  liefore  the 
Senate  yesterday,  I  moved  tolefer  them  to  the  Committee  on  Fo- 
re'pn  Relations.  Siilisequently,  after  th(>  remarks  which  were 
inade  bv  the  honorable  .Senator  from  South  Carolina,  [Mr.  Cal- 
HooN,]  I  acquiesced  in  the  motion  made  by  that  Senator  to  lay 
them  on  the  table.  The  Senate,  however,  did  not  adopt  the  mo- 
tion, and  it  is  now  proposed  tiy  the  honorable  Senator  who  moved 
the  resolutions,  that  a  day  be  specially  assigned  for  their  consider, 
aiion  by  the  Senate.  lam  opposed,  sir,  to  the  assignment  at 
this  time  of  anv  day  for  that  purpose,  because,  I  am  still  of  opin- 
ion, that  a  reference  of  the  resolutions  to  the  Committee  on  Fo- 
reign Relations,  as  originally  moved,  is  the  proper  course  to  be 
pursued  in  regard  to  them. 

The  first  resolution  declares,  "that  in  the  name  and  behalf  of  the 
American  people,  the  congratulations  of  Coni:ress  are  tendered  to 
the  people  of  Franco,  upon  their  success  in  their  efTorls  to  consoli- 
date liiierty,  by  embodying  its  principles  in  a  republican  form  of 
Government.''  The  second  requests  the  President  to  transmit  the 
preceding  resolution  to  the  American  minister  at  Paris,  with  in- 
struction's to  present  it  to  the  French  government.  Personally, 
sir,  as  one  of  the  American  people,  I  yield  to  no  Senator  in  the  ex- 
pression of  my  sympathy  with  the  great  movement  which  is  now 
"oinir  on  for  the  amelioration  of  the  political  and  social  condition 
of  the  people  of  France,  and  of  the  other  European  states.  But 
as  a  member  of  this  Senate,  I  am  not  prepared  to  act  on  these  re- 
solutions, or  to  assign  a  day  for  that  purpose,  until  I  am  better  sa- 
tisfied of  our  right  to  act  in  the  manner  proposed.  I  want  first  to 
be  assured,  that  we  are  entitled,  as  Senators — as  members  of  the 
ConTiess  of  the  United  States,  to  speak,  at  all,  in  the  name  and 
behalf  of  the  American  people,  in  a  matter  relating  to  the  inter, 
course  of  this  government  with  a  foreign  nation.  I  had  supposed, 
sir  that  every  thing  relating  to  the  foreign  intercourse  of  the  peo- 
ple of  the  United  Stales,  pertained  in  the  first  instance,  to  the  Ex- 
ecutive. I  had  supposed  that  in  the  distribution  of  powers  and  duties 
among  the  several  <lepartments  of  our  government,  the  people  had 
confided  to  the  President,  alone,  the  trust  of  speaking  in  their 
name  and  behalf  to  foreign  nations  ;  and  to  Congress,  the  trust  of 
legislating  for  their  benefit. 

I  am  aware,  sir,  that  questions  may  arise  in  relation  to  our  fo- 
reign intercourse,  on  which  it  m.ay  be  proper  and  expedient  that 
the  sentiments  of  Congress  should  bo  declared.  But  these  are 
cases  where  legislation  is  required,  to  enable  the  Executive  to 
carry  out  his  views  in  regard  to  the  foreign  intercourse  of  the  na- 
tion. 

If  the  President,  deeming  it  his  duty  to  recognize  the  independ- 
ence of  a  foreign  go>-ernment,  or  to  send  a  minister  to  a  nation 
■with  which  the  United  States  have  before  had  no  diplomatic  inter- 
course, calls  on  Congress  to  make  provision  for  the  exigency,  then, 
sir,  the  matter  comes  up  legitimately  for  discussion  before  Con- 
gress acting  in  its  legislative  capacity,  in  deciding  upon  the  ex- 
pediency of  granting  or  withholding  the  appropriation  required. 

Mr.  ALLEN. — I  wish  to  correct  an  error  into  which  the  argu- 
ment of  the  honorable  Senator  seems  to  imply  that  ho  has  fallen. 
It  is  not  the  object  of  this  resolution  to  make  a  formal  recognition 
of  the  French  government.  The  French  government  asks  no  gov- 
ernment in  the  world  for  such  recognition.  It  would  be  an  insult 
to  that  government  to  make  any  such  recognition. 

Mr.  r..\LDWIN. — Sol  understand  it.  Congress  is  not  called 
on  lo  UfL'islate  for  any  purpose  connected  with  the  recognition  of 
the  Frelich  republic.  We  are  not  asked  to  aid  the  Executive  by 
an  appropriation,  to  carry  into  elfect  any  suggestion  or  purpose  of 
his,  in  relation  lo  our  foreign  intercourse.  We  are  called  upon  by 
this  resolution,  to  undertake,  ourselves,  the  direction  of  the  foreign 
intercourse  of  this  government;  to  declare  that  we,  as  the  repre- 
sentatives of  the  American  people,  are  authorized  to  speak  in 
their  name — announce  their  sentiments — and  request  the  President 
to  direct  them  to  be  communicated  as  such,  to  the  French  govern- 
ment, by  the  American  minister  at  Paris. 

Now,  sir,  I  say  the  American  people  are  able  to  speak  for  them- 
selves. They  arc  able  to  manifest  their  own  sympathies.  They 
are  doing  it,  sir,  from  one  end  of  the  Union  to  the  other;  and  that  is 
the  proper  way  for  the  sympathies  of  the  American  people  to  be 
manifested  on  this  occasion,  unless  it  be  done  through  that  organ 
of  the  government,  wli  mi  they  have  specially  intrusted  with  the 
duty  of  conducting  their  foreign  i.itorcourse.  When  and  how  have 
they  ever  delegated  to  us  the  power  to  speak  in  their  name,  in  re- 
lation to  the  concerns  of  a  foreign  people  ? 

Sir,  if  wo  can  tender  congratulations  in  the  name  of  the  Ameri- 
can poop'e  to  the  republicans  of  France,  on  the  achievement  of  their 
liberties,  can  we  not  also  tender  the  expression  of  their  regrets,  to 


the  dowB-trodden  subjects  of  other  empires,  who  yet  groan  be. 
neath  the  sceptre  of  a  despot?  There  are  many  governments  with 
■whom  we  hold  diplomatic  intercourse,  whose  instiiutions  are  as 
little  accordant  with  the  views  and  wishes  of  the  American  peo- 
ple as  those  which  have  just  been  so  signally  overthrown,  but  have 
they  ever  authorized  Congress  to  express  their  disapprobation  for 
those  institutions  ?  To  what  inconsistencies  in  the  action  of  the 
government,  would  not  such  a  course  inevitably  lead  1  To  what 
derangement  of  the  system  established  by  the  Executive  of 
conilucting  its  foreign  intercourse?  By  what  imperfect  lights  would 
Congress  necessarily  be  guided  in  its  action,  in  comparison  with 
the  sources  of  intelligence,  which  constant  and  confidential  corres- 
pondence with  our  ministers  abroad,  places  at  all  times  at  the 
command  of  the  President  ? 

It  appears  to  me,  therefore,  to  be  obviously  proper,  that  the  Ex- 
ecutive should  take  the  initiative  in  all  such  proceedings;  and  unless 
he  is  under  the  necessity  of  applying  to  Congress  for  an  appropria- 
tion to  enable  him  to  accomplish  his  purpose,  that  Congress  should 
confine  itself  to  the  legislative  duties  assigned  to  it  by  the  consti- 
tution.    By  the  second  resolution  the  President  is — 

" — reqnepted  to  transmit  this  resolution  to  the  American  minister  at  Paris,  irilh 
instructions  to  jiretenl  it  to  the  Frcnoh  government." 

Is  not  this,  I  ask,  the  first  time  in  the  history  of  this  govern- 
ment, that  Congress  has  undertaken  to  give  instructions  to  tha 
President  in  regard  to  our  loreign  intercourse?  If  there  beany 
other  instance  on  record,  I  am  not  aware  of  it.  I  know  of  no  pre- 
cedent for  such  a  resolution;  but  I  ilo  know  that  this  matter — of 
the  interference  of  Congress  with  the  appropriate  duties  of  the 
Executive,  has  been  discussed  on  more  than  one  occasion,  and  the 
sentiments  of  both  houses  of  Congress  expressed  against  it. 

In  1822,  President  Monroe,  by  a  special  message,  communicated 
his  own  sentiments  to  Congress  in  favor  of  the  recognition  of  the 
independence  of  the  South  American  republics,  in  order,  as  he  sug- 
gested, that  '■  should  Congress  entertain  similar  sentiments,  there 
may  be  such  cooperation  between  the  two  departmeuts  of  the  gov- 
ernment as  their  respective  rights  and  duties  mtiy  require."  What 
were  their  respective  rights  and  duties,  to  which  the  President  re- 
ferred ?  The  right  of  the  Executive  to  recognize  the  existence  of 
foreign  governments,  and  the  right  of  Congress  to  make,  or  with- 
hold, the  appropriations  necessary  to  enable  the  Executive  to  hold 
intercourse  with  those  governments.  When,  therefore,  Mr.  Mon- 
roe invited  the  cooperation  of  Congress,  it  became  at  once  a  mat- 
ter of  legislation,  and,  of  course,  a  proper  subject  for  the  action  of 
Congress. 

The  message  was  referred  to  the  Committee  on  Foreign  Rela- 
tions, who  reported  a  resolution  "  that  the  House  of  Representa- 
tives concur  in  the  opinion  expressed  by  the  President,  that  the 
American  provinces  of  Spain  which  have  declareil  their  indepen- 
dence, ought  lo  be  recognized  by  the  Uniicd  States  as  indepen- 
dent stales;  and  that  the  Commitiee  of  Ways  and  Means  be  in- 
structed to  report  a  bill  appropriating  a  sum  not  exceeding  100,- 
000  dollars  to  enable  the  President  to  give  due  eflcct  to  such  ne- 
gotiation.'' So,  too,  in  1S23,  when  Mr.  Monroe,  in  his  annual 
message,  brought  lo  the  notice  of  Congress  the  condition  of  Greece, 
then  just  emerging,  after  a  similar  struggle,  from  the  cruel  des- 
potism to  which  she  had  been  for  centuries  subjected,  a  distinguish- 
ed Senator  from  Massachusetts  introduced  a  resolution  '"  that  pro- 
vision ought  to  be  made  by  law  for  defraying  the  expense  incident 
to  the  appointment  of  an  agent  or  commissioner  to  Greece,  when- 
ever the  President  shall  deem  it  expedient  to  make  such  appoint- 
ment." It  was  treated,  sir,  as  a  matter  entirely  belonging  to  the 
Executive,  so  far  as  regarded  the  intercourse  between  this  govern- 
ment and  that  of  the  people  whose  independence  it  was  proposed 
to  recognize. 

This,  of  course,  enabled  Congress  to  enter  fully  into  the  discus- 
sion of  its  propriety,  and,  Icgitimatelj-,  to  express  the  sentiments 
of  the  American  people,  so  tar  forth  as  it  became  necessary  to  em- 
body them  in  the  resolution  called  for  by  the  recommendation  of 
the  Executive.  Sir,  when  the  bill  from  the  House  of  Representa- 
tives making  the  appropriation  of  $100,000  to  defray  the  expenses 
of  missions  to  the  South  American  republics,  was  pending  before 
the  Senate,  a  Senator  from  South  Carolina  [Mr.  Smith,]  pro- 
posed an  (tmendment — 

"That  no  money  sliould  be  drawn  from  llie  Treasury  for  tliat  purftose,  until  the 
President  shonid  be  fliliv  satisfied  that  sueb  mission*  wo;iId  not  inlerrnpt  the  friendly 
relations  of  the  United  ^^tatei." 

•  But  though  every  Senator  knew  that  the  President  was  dcsirou« 
of  recognizing  the  independence  of  those  States,  the  amendment 
was  rejected  by  a  vote  of  28  to  9,  on  the  ground  that  it  was  trench- 
ing on  the  peculiar  ofiice  of  the  Executive.  The  whole  matter 
was  regarded  by  the  Senate  as  purely  an  E.\ecutivc  an"air,  and  that 
Congri'ss  had  no  right  to  do  any  thing  more  than  their  duty  as  le- 
gislators required.  Well,  sir,  what  legislation  is  needed  now  f  If 
there  any?  Have  wo  not  an  able  minister  in  France,  through 
whom  it  will  be  the  duty  of  the  Executive  to  communicate  the 
sentiments  of  the  American  people,  in  such  terms,  and  at  such 
time,  as  on  his  responsibility  he  shall  deem  fit  ?  Has  not  our  min- 
ister, already,  in  his  olficial  capacity,  anticipating  the  approbation 
of  his  government,  been  among  the  first  to  tender  his  felicitations 
lo  the  i>rovisional  government  of  France?  Have  not  our  citizens 
who  happened  to  be  in  Fr.  nee  at  the  time  of  the  revolution,  availed 
themselves  of  the  occasion  to  tender  with  enthusiasm  their  own 
congratulatinns  ?  Are  not  the  Aineriean  people  at  home,  in  every 
part  of  the  country,  manifesting  tbeir  .sympathy  in  a  similar  man. 
ner  ?     Why  then  should  Congress,  in  this  extraordinary  manner  b« 


March  31  J 


CONGRATULATIONS  TO  THE  FRENCH. 


435 


ca'led  on,  at  this  time,  to  undertake  (he  office  of  expounding  tlie 
seniiments  of  the  American  people,  when  the  American  people 
have  not  sent  us  here  for  any  such  purpose  ?  Sir,  except  so  far  as 
thev  have  confided  that  duty  to  the  Executive,  ih,-y  have  reserved 
to  themselves,  individually  and  collectively,  the  privilege  of  speak- 
ing their  own  sentiments,  according  to  their  own  volition,  at  their 
own  time,  and  in  such  a  manner  as  will  approve  itself  to  their  own 
judgment. 

Sir,  I  am  for  maintaining  the  responsibility  of  the  separate  de- 
partments of  the  government.  I  would  neither  inteifere  with  the 
duties  of  the  Executive,  nor  suffer  the  Executive  to  interfere  with 
the  duiies  of  Congress.  If  each  department  of  the  government 
confines  itself  to  the  proper  discharge  of  the  functions  commiilcd 
to  it  by  the  American  people,  we  shall  go  on  harmoniously  and 
regularly,  and  the  voice  of  the  people  will  be  authoritatively  de- 
clare! wiicnever,  and  in  wha'ever  lorm,  the  occas-ion  niav  require 
it  to  be  uttered.  But,  if  Congress  is  to  be  made  the  arena  for  the 
discussion,  with  a  view  to  their  promulgation,  of  any  sentiments, 
no  matter  what,  which  any  member  may  think  proper  to  propose, 
in  regard  to  the  concerns  of  a  foieign  government  or  people,  con 
we  fail  to  jierceive  ihc  diinL'crous  c<tnsequeiices  to  which  it  will  in- 
evitably  bad  ?  When  the  bill  making  provision  for  the  Panama 
mission  was  pemling,  this  question,  sir,  airracted  the  attention  (jf 
both  houses  of  Congress.  An  amendment  was  proposed  by  a 
member  of  ihe  House  of  Rcpresentaiives,  from  the  Stale  of  Dela- 
ware, limiting  the  power  of  the  Executive  in  regard  to  ihe  nature 
and  extent  ol  the  diplomatic  intercourse  contemphited  by  the  bill, 
between  the  government  of  ihe  United  Slates  and  the  Congress  of 
Panama.  The  amendment  was  at  first  sustained  by  a  majority  of 
the  House,  but  was  afterwards  rejected,  expressly  on  the  ground 
that  it  would  be  an  assumption  by  Congress  of  a  power  which  the 
people  had  confided  to  tlie  President  alone.  A  distinguished  mem- 
Der  of  the  House  from  Massachusetts  declared,  after  the  amend- 
ment was  adopted,  that  he  sliou  d  vote  aga'nst  the  bill,  "  because 
il  introduced  one  of  the  most  dangerous  innovations  that  had  ever 
been  attempted."  What  was  that  innovation?  Simply,  sir,  an 
attempt  on  the  part  of  Congress  to  instruct  the  Executive  in  the 
performance  of  his  duty  in  regard  to  the  foreign  intercourse  of  the 
government. 

Regarding,  as  I  do,  the  resolutions  on  your  table  as  liable,  in  an 
eminent  degree,  to  the  same  objections,  I  am  neither  prepared  at 
this  time  to  give  them  my  support,  nor  even  to  assign  a  day  for 
their  consideration.  I  do  not  believe  it  to  be  our  province  to  speak 
for  the  American  people  lu  this  matter.  I  believe  they  arc  com- 
petent to  speak  much  more  etFectively  themselves,  than  we  can 
speak  for  them;  and  that  the  voice  of  the  people,  in  the  warm  lan- 
guage of  their  own  hearts,  embodied  in  their  own  resoUuions,  will 
be  much  more  accepiable  to  the  people  of  France,  than  any  cold 
declarations  in  their  name  by  the  Congress  of  the  United  States, 
whom  they  never  authorized  to  speak  in  their  behalf. 

But,  Mr.  President,  if  I   was  satisfied  that   it   was  proper   for 
Congress  to  speak    in   the  name  of  the  Amcican  people,  on   this 
•iibject    I    entirely    concur   with    the    Senator    from    South    Car- 
olina in  the  opinion  that  the  time  has  not  arrived  in  which  we  can, 
■with  propriety,  adopt  the  sentiment  embodied  in  these  resolutions. 
The  resolutions  declare,  if  I  understand   their  true  meaning,  that 
the  people  of  France  have  succeeded  in  their  eflbrts  to  consolidate 
liberty,  by  embodying  its  principles  in   a  republican  constitution. 
Sir,  they  are  only  making,  now,  the  first  eflxirt  to  accomplish   this 
purpose.     The  government  of  France  is  not  in  the  hands  of  those 
who  have  been  elected  by  the  people.     It  is  either  self-constituted 
or  it  derives  its  power  from  the  spontaneous  movement  of  the  peo- 
ple of  Paris,  with  whom   the  revolution  commenced.     The  provi- 
sional government  is  taking  its  first  measures,  for  obtaining  a  full 
representation  of  the  French   people   in   a   conveniion,  to   lay  the 
foundation  for  the  establishment  and  maintenance  ol"  constitutional 
liberty.    Have  ihey  accomplished  it?    Is  liberty  consolidated,  in  the 
language  of  the  resolution?    I  do  not  like  the  word,  sir.    It  is  rather 
too  much  in  the  style  of  the  Holy  Alliance  to  suit  my  taste.     I  re- 
member in  the  fiimous  declaration  of  their  policy,  sent  out   to   the 
world  by  the  allied  monarchs,  they  spoke  of  it  as   the  only  means 
of  "consolidating  human   institu'ions  and  remedying  their  imper- 
fections."    I  should  prefer  some  other  word,  of  less  equivocal  im- 
port.    I  had   much  rather  see   liberty  difTuscd   through  France,  to 
the  utmost  limits  of  the  realm,  than  consolidated  in  the  hands  of  a 
Parisian  regency.     It  sounds   too   mucit  like  the  consolidation  of 
power  that  •jentralizes  here.     And  I  think,  sir,  that  the    Congress 
of  the  United  Stales  would   be   much   better  emploj-ed   in   taking 
measures  to  prevent  that  consolidation   of  power   which  is  so  ra- 
pidly going  on  within  the  precincts  of  this  capitol,  by  means  of  the 
enormous  increase  of  Executive  patronage,  than  in  undertaking  to 
conduct,  unasked,  the  foreign  intercourse  of  the  American  people. 
But,  sir.  if  we  are  to  speak  at  all  in  their  name,  I  should  prefer 
that  the  resolutions  be   committed   lo  the  Committee  on    Foreign 
Relations,  that  thev  may  consider    whether   the  language  used   is 
such  as   the   people   would   approve.     I   hope,  therefore,  that  the 
motion  for  the  special  assignment  of  a  day  lor  their  consideration 
will  not  prevail. 

Mr.  DOWNS. — I  was  a  good  deal  surprised  that  there  should 
be  any  debate  at  all  m  this  body  upon  a  question  on  which  the 
people  every  where  are  so  unanimous;  and  I  must  confess  that  my 
astonishment  has  been  increased  in  consequence  of  the  assumption 
of  the  leading  position  presented  in  the  remarks  of  the  gentleman 
who  has  just  resumed  bis  seat.  If  this  were  a  question  out  of 
which  any  political  capital  could  possibly  be  made — if  it  could  ba 


regarded  at  all  in  that  light,  I  should  certainly  congratulate  my- 
self and  the  party  to  which  I  have  the  honor  to  belong,  that  the 
President  of  the  United  States  had  received  such  substantial  aid 
from  an  ally  so  unexpected.  A  large  portion  of  the  time  which 
has  elapsed  since  the  assembling  of  the  present  Congress,  has 
been  occupied  in  denunciations  of  the  unauthorized  exercise  of 
power  on  the  part  of  the  Pres  dent  of  the  United  States.  It  has 
been  repeatedly  alledged  that  he  has  transcended  the  limits  of  con- 
stitutional authority;  but  tiie  discovery  appears  to  have  been  just 
now  made  that  the  Executive  is  the  sole  depository  of  any  power 
at  all  in  regiird  to  our  foreign  relations.  I  am  rejoiced  at  tliis  re- 
markable change  of  sentiment  in  quarters  to  which  wc  had  not 
certainly  any  reason  to  look  for  support;  and  I  may  surely  be  per- 
mitted to  express  the  hope  that  whenever  a  question  arises  here- 
after,  either  hearing  en  the  Mexican  war,  or  any  other  qa'sti  in 
of  public  policy,  with  regard  to  the  constitutional  powers  of  tho 
President,  it  will  be  admitted  on  all  hands  that  he  has  some  du- 
ties  to  perform,  and  some  degree  of  authority  to  exercise. 

Fur  myself,  sir,  I  am  really  unable  to  perceive  the  grounds  of 
di-^iinction  which  the  gentleman  from  Connecticut  lias  assumed  in 
reference  to  the  aciion  of  Congress  and  the  Executive  oii  :lic  ques. 
tion  now  before  us,  I  cannot  see  any  valid  objection  to  the  ex- 
pression of  opinion  on  the  part  of  Conffiess.  The  gentleman  in- 
deed  asserts  that  the  people  did  not  send  us  hereto  lender  our  con- 
gratulations to  the  French;  and  that  we  have  not  had  an  opportii- 
niiy  of  ascertaining  the  sentiments  of  our  constituents  ujiuu  tho 
subject. 

Mr.  BALDWIN. — I  did  not  object  on  the  around  that  we  did 
not  know  the  sen'imenls  of  our  constituents;  but  that  they  had  not 
confided  to  us  the  power  of  speaking  in  their  behalf. 

Mr.  DOWNS. — I  may  have  misconceived  the  gentleman,  then, 
in  some  degree;  but  I  have  correctly  represented  the  main  ground 
of  his  objection  to  the  passage  of  this  resolution.  I  was  about  to 
say  in  reply  that  it  might  be  possible  that  the  genllemau  had  some 
doubt  as  to  the  sentiments  of  his  constituents,  hut  that  I  cimld  have 
no  hesitation  as  to  those  of  mine.  This  is  the  last  question  in  tho 
world  in  reference  to  which  I  shall  deem  it  necessary  to  co'isult 
my  constituents.  As  for  myself,  I  feel  strongly  on  this  subject. 
It  is  a  natural  feeling.  What  American  is  there  who  does  not 
cherish  a  lively  and  grateful  recollection  of  the  symp:uhy  which 
we  received  from  France  in  our  own  hour  of  trial?  From  the  pe. 
riod  of  our  revolution  the  two  nations  have  been  united  by  the  ten- 
derest  ties  of  grateful  regard.  But  in  the  State  which  I  have  tha 
honor  in  part  to  represent,  there  are  peculiar  reasons  whch  ope- 
rate in  producing  sympathy  with  France.  The  other  members  of 
this  body  represent  constituencies  almost  entirely  American.  Per- 
haps fully  one-half  of  the  people  of  my  State  are  French.  It  is 
thci:  native  language.  The  actors  in  this  remarkable  revolution  are 
of  their  own  blood.  They  have  friends  and  relatives  amongst 
them.  Hence  it  is  that  amongst  my  constituents  the  feeling  of  at- 
tachment and  sympathy  is  overwhelming.  I  should  then  be  falsa 
to  every  principle  of  duty  were  I  to  remain  silent,  and  await  an 
expression  of  the  opinion  of  my  State  before  I  gave  expression  to 
my  feelings  on  this  subject. 

The  gentleman  contends  that  precedents  are  against  the  cojrso 
which  is  now  proposed;  but  the  cases  to  which  we  have  been  re- 
ferred in  support  of  that  view  are  not  analogous.  The  government 
of  France  is  not  a  new  one  It  is  only  a  change  of  administra- 
tion. I  am  not  familiar  with  the  details  of  the  eases  cited  by  tho 
gentleman,  but  my  general  recollection  is  that  in  the  case  of  the 
iStates  of  South  America,  the  resolution  was  introduced  by  a  dem- 
ocratic member  from  Kentucky,  in  this  very  form.  I  presume, 
however,  that  the  gentleman  will  not  deny  that  either  branch  of 
Congress  may  express  its  sentiments  on  a  question  of  this  kind. 
There  may.  indeed,  be  cases  in  which  the  action  of  the  House 
miiilit  not  be  proper:  but  in  reference  to  the  Senate  alone,  there  is 
a  strong  argument  in  favor  of  its  action,  when  a  doubt  misht  exist 
as  to  the  propriety  of  action  on  the  part  of  the  House.  The  Sen- 
ate possesses  certain  Executivfe  powers.  It  is  true,  that  in  ques- 
tions connected  with  our  foreign  relations,  the  President  takes  tba 
initiative,  bnt  I  do  not  know  that  that  is  absolutely  necessary. 
Again,  the  Senate  represents  sovereign  States— many  of  which  are 
far  more  important  than  a  dozen  of  the  petty  principalities  of  Eu 
rope. 

I  hope  that  the  resolution  will  not  be  postponed.  This  expres- 
sion of  sympathy  and  respect  to  be  of  any  value,  ought  to  be  made 
promptly,  spontaneously,  without  doubt  or  hesitation.  If  we  can 
not  give  France  a  hearty  greeting,  let  the  resolution  be  put  down 
at  once.     Let  the  thing  be  done  properly,  or  not  at  all. 

Mr.  HANNEGAN  here  suggested  that  it  was  necessary  to  pro- 
ceed to  Executive  business. 

Mr.  DOWNS  yielded,  expressing  the  design  of  adding  a  few 
remarks  when  the  subject  should  again  be  before  the  Senate. 

The  resolution  was  then,  by  unanimous  consent,  passed  over  in- 
formally. 

EXECtTTIVE    SESSION, 

On  motion  by  Mr,  HANNEGAN,  the  Senate  proceeded  to  tha 
consideration  of  Executive  business,  and  af:er  sometime  spant 
therein, 


On  motion. 
The  Senate  adjourned. 


436 


PETITIONS— RESOLUTIONS,  ETC. 


[Monday, 


MONDAY,  APRIL  3,  1848. 


PETITIONS,   F.TC. 

Mr.  CASS  presented  ihe  procecdinfr"  of  a  meeting  of  wounded 
soldiers,  who  served  diirin<r  the  last  war  with  Great  Britain,  and 
in  the  prpsent  war  with  Mexico,  held  at  Watervliet,  New  "lork, 
prayinii  an  increase  of  the  present  rate  of  pension  allowed  to  sol- 
diers losing  their  litnbs  by  wounds  received  in  battle  ;  which  were 
referred  to  the  Comrailtec  on  Pensions. 

Mr.  DAVIS,  of  Massachusetts,  presented  a  memorial  of  citi- 
zens of  the  United  States,  pravinc  that  an  appropriation  may  be 
made  for  the  purchase  of  Mount  Vernon,  by  tho  United  States  ; 
which  was  referred  to  the  Committee  on  Military  AfTairs. 

Mr.  DIX  presented  the  memorial  of  Horace  Southraayd  and 
Son,  merchants  in  New  York,  prayinj;  the  reimbursement  of  cer- 
tain duties  levied  on  a  cargo  of  coods  shipped  by  them  to  the  port 
of  Tarapico  in  Mexico  ;  'which  was  referred  to  the  Committee 
on  Finance. 

Also,  a  memorial  of  physicians  and  apothecaries  in  the  District 
of  Columbia,  praying  the'adoption  of  measures  for  preventing  the 
importation  of  sfuirious  ajvl  adulterated  drugs  and  medicines  ; 
which  was  referred  to  the  Committee  on  Commerce. 

Mr.  WESTCOTT  presented  a  metnorial  of  the  County  Com- 
missioners of  Hillsborough  county,  Florida,  praying  the  confirma- 
tion of  the  location  of  their  couniy  seat  and  a  grant  of  land  for 
the  erection  of  a  coiiri-house  and  jail  ;  which  was  referred  to  the 
Committee  on  Public  Lands. 

PUBLIC  LANDS   IN    FLORIDA. 

Mr.  WESTCOTT  submitted  the  following  resolution,  which 
was  considered  by  unanimous  consent  and  agreed  to  : 

Kesiilrcd,  Tliat  the  commissioner  of  llie  General  Laiul  Office  be  ilirecteil  to  report 
10  the  Senate,  as  soon  as  praclicable.  an  abstract  or  list  of  all  permits  pranted  under 
the  acts  for  the  armed  occupation  of  Florida,  specifying  in  difterent  columns  the  uuni- 
ber  and  date  of  ach  permit,  names  of  settlers,  desinnation  ol  land,  number  of  notice, 
date,  person  to  wliotn  permit  was  delivered,  whether  head  of  lamdv  or  single  man  ; 
whether  land  desif^nated  was  surveyed  aud  when,  and  if  so.  its  designation  by  the  sur- 
veys ;  antl  the  cases  which  have  been  rejected  ot  suspended  and  the  reasons  therefor ; 
and  when  and  to  whom  lands  included  in  permits  have  been  sold  by  the  United  Stales, 
and  in  what  cases  settlers  have  availed  themselves  of  the  amendatory  act  of  184-1 ; 
aud  also  copies  of  all  instructions  for  the  execution  of  said  laws  by  the  General  Land 
Office  ;  and,  also,  to  report  whether,  in  his  opiuiou,  any  additional  legislation  is  proper 
to  effect  the  object  of  said  laws. 

THE    WYANDOTTS    AND    DELAWAKES. 

Mr.  ATCHISON,  from  the  Cotnmittee  on  Indian  Affairs,  to 
whom  was  referred  the  petition  of  the  chiefs  and  delegation  of  the 
Wyandott  Nation  of  Indians,  reported  a  joint  resolution  to  sanc- 
tion an  agreeiTient  made  between  the  Wyandotts  and  Delaware? 
for  the  purchase  of  certain  lands,  by  the  former,  of  the  latter  tribe 
of  Indians;  which  was  read  and  passed  to  the  second  reading. 

MICHAEL    HOGAN,    DECEASED. 

Mr.  WESTCOTT.  from  the  Committee  of  Claims,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  for  the 
relief  of  William  Hogan,  administrator  of  Michael  Hogan,  de- 
ceased, reported  the  same  without  amendment;  and  also  submitted 
a  report  on  the  subject,  which  was  ordered  to  be  printed. 

MESSAGE    FROM    THE    PRESIDENT. 

The  followin"  message  was  received  from  the  President  of  the 
United  S'ates,  by  Mr.  Walker,  his  secretary  : 

To  the  Senate  antl  ffovse  of  Represcntalices  of  the  United  States  : 

I  communicate  to  Congress,  for  their  iutormation,  a  copy  of  a  despatch,  with  the  ac- 
coinponyin?  documents,  received  at  the  Department  of  Stale,  from  the  euvoy  extra 
ordinary  and  minister  plenipotentiary  of  llie  United  Slates  at  Paris,  pivin^  official  in- 
formal ion  of  the  overlhrowof  the  French  monarchy,  and  the  establishment  in  its  stead 
of  a  "piovLsional  government,  based  on  republican  principles." 

This  great  event  occurred  suddenly,  and  was  accom|ilislied  almost  without  bloodshed. 
The  world  has  seldom  witnessed  a  more  inlercstiiig  or  sublime  spectacle  than  the  peace- 
lul  rising  of  the  French  people,  resolved  to  secure  Ibr  themselves  enlarged  liberty,  and 
to  assert,  in  the  majesty  of  their  strength,  the  great  truth,  that  in  this  eiiiigbtenod  age. 
man  is  capable  of  eoverninp  himself. 

The  prompt  recognition  of  the  new  govern ment,  by  the  representative  of  Ihe  United 
States  at  the  rreiich  court,  mtets  my  full  aud  iinriiiabfted  approbation  ;  and  he  has 
been  authorized,  in  a  suitable  nianncr,  to  make  knosvii  this  fact  to  the  constituted  au- 
thorities of  the  French  rcjnibhc. 

Called  upon  lo  act  upon  a  sudden  emergency,  which  could  not  have  been  antieip.ared 
"by  his  instrnctioiis.  he  judged  rightly  of  the  feelings  and  sentiments  of  his  government 
autl  of  his  countrymen,  when,  in  advance  of  the  diplomatic  rc|iresenlatives  of  other 
countries,  he  was  the  firs"  to  recognize,  so  far  as  it  was  in  his  power,  the  freee  govein- 
niPiit  established  by  the  Freucli  pco|ile. 

The  policy  of  the  United  States  has  ever  been  that  of  non-intervention  in  the  do. 
meslic  atiairs  of  other  countries,  leavingto  each  to  establish  the  form  of  government 
of  its  own  choice. 

While  this  wise  policy  will  be  maintained  towards  France,  now  suddenly  transform- 
ed from  a  monarchv  into  a  republic,  all  our  sympalliics  are  naturally  enlisted  on  the 
side  of  a  great  people  who.  imitating  our  e.\«mi>le,  have  resolved  to  be  tree.  That  such 
sympathy  should  e.\ist  on  the  part  ot  the  ncoiiic  of  the  United  States  with  the  tiiends 
of  free  government  in  every  part  of  the  world,  and  esjicciaily  in  France,  is  not  remarka- 
bl«.     We  can  nevei  forget  tbal  France  was  our  early  Irienil  in  our  eventful  involution, 


and  generously  aided  ui  in  shaking  off  a  foreign  yoke,  and  becoming  a  free  and  indo- 
pendent  peo|»le. 

We  have  enjoyed  the  blessings  of  oursystem  of  well  regulated  government  for  irear 
three  fouiths  of  a  ceutury.  and  can  properly  appreciate  its  value.  Our  ardent  ond 
sincere  congratulations  are  extended  to  the  patriotic  people  of  Frtince,  upon  their  noble 
and  thus  far  successful,  efforts  to  found  for  their  future  government  liberal  institn- 
tions  similar  to  our  own. 

It  is  not  doubted  that,  under  the  benign  influence  of  free  institution-,  the  enlighteuetl 
statesmen  of  republican  France  will  find  it  to  be  for  her  true  interest  and  permanent 
glory  to  cultivate  with  the  l.Tniled  Stales  the  most  liberal  principles  of  international  in- 
tercourse and  commercial  reciprocity,  whereby  the  happiness  and  prosperity  of  both 
nations  will  be  promoted. 

JAMES  K.  POLK. 

Washington,  April  3d,  184f. 

The  message  having  been  read — 

Mr.  HANNEGAN  mored  that  it  be  referred  to  the  Committee 
on  Foreign  Relations,  and  be  printed. 

Mr.  ALLEN.— I  will  ask  if  there  is  any  necessity  for  the  refer- 
ence of  the  mesNage  to  a  committee,  as  there  is  no  action  asked  for. 

Mr.  HANNEGAN. — It  is,  I  believe  the  usual  and  more  res- 
pectful course. 

Mr.  ALLEN, — I  only  desire  to  say  that  I  do  not  wish  a  refer- 
ence of  the  subject  in  this  form  to  interfere  with  the  action  of  the 
Senate  upon  the  resolution  which  I  have  subtuitted.  I  have  no 
particular  desire  regarding  this  reference,  further  than  that  the 
action  of  the  Senate  upon  the  resolution  shall  not  be  delayed  on 
that  account. 

Mr,  HANNEGAN  —The  object  is  certainly  not  to  delay  the 
action  of  tho  Senate  upon  the  resolution  of  the  Senator  from  Ohio. 

The  message  was  then  referred  to  the  Committee  on  Foreign 
Relations,  and  ordered  to  be  printed. 

MESSAGE    FROM    THE    HODSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  clerk: 

Mr.  President  •.  The  President  of  the  United  Slates  has  officially  noti6cd  the 
Honse  of  Representatives  that  be  has  approved  and  signed  tlie  bill  to  authorize  a  loan 
not  to  exceed  the  sum  of  sixteen  millions  of  dollare. 

The  House  of  Representatives  have  passed  the  bill  of  the  Senate  granMug  a  pension 
to  Patrick  Walker, 

They  have  also  passed  a  bill  for  the  relief  of  Jacob  Gideon,  and  a  bill  for  the  relief 
of  Thomas  Scolt,  register  of  the  land  office  at  Chihcothe,  in  which  they  request  llie 
concurrence  of  the  Senate, 

The  Speaker  of  the  Honse  of  Representatives  having  signed  an  enrolled  bill,  I  am 
directed  to  bring  it  to  tho  Senate  for  the  signature  of  their  President, 

THE    FRENCH    REVOLUTION. 

Mr.  ALLEN  moved  that  the  prior  orders  be  postponed,  and 
that  the  Senate  proceed  to  the  consideration  of  the  joint  resolution 
tendering  the  congratulations  of  the  American  to  the  French 
people. 

Mr.  CRITTENDEN.— I  am  very  anxious  that  this  resolu- 
tion shall  be  acted  on,  but  there  is  an  order  of  the  day  relating  to 
a  bill  of  much  public  consequence,  which  I  think  may  be  disposed 
of  without  much  occupation  of  our  time,  I  mean  the  bill  for  the  re- 
organizatiiin  of  the  Supreme  Court,  which  was  reported  some  days 
arro.  The  subject  embraced  in  this  resolution  is  one  which  may  occu- 
py a  good  deal  of  time  in  its  discussion,  we  cannot  tell  how  much. 
It  is  certainly  a  verv  grave  subject,  and  it  will  necessarily  be  de- 
bated at  much  length.  I  am  anxious  that  the  bill  to  which  I  have 
referred,  shall  not  be  delayed  until  the  discussion  of  this  subject  is 
concluded,  which  may  not  be  until  a  considerable  time  has  elapsed. 
I  therefore  must  insist  upon  proceeding  with  the  special  order  of 
the  day. 

Mr.  ALLEN.— The  bill  which  has  been  named  by  the  Senator, 
will  undoubtedly,  give  rise  to  a  lengthy  discussion  ;  to  a  discus- 
sion which  will  extend  through  more  than  one  day,  perhaps  tluough 
many  ilays.  I  do  not  think  that  the  resolution  which  1  submitied 
will  give  rise  to  a  very  long  discussion.  So  far  as  I  am  concerned 
nolwiihslanding  the  great  desire  which  I  have  to  speak  some- 
what at  large  upon  llie  subject,  I  will  waive  that  privilege  rather 
than  be  instrumental  in  postponing,  by  opening  a  general  discus- 
sion, the  action  of  the  Senate  upon  this  resolution.  I  believe  that 
the  action  of  the  Senate  upon  the  resolution  can  be  had  to  night, 
and  the  whole  matter  tinally  disposed  of.  I  shall  not  delay  the 
action  of  the  Senate  by  any  set  speech,  nor  am  I  aware  that  there 
is  a  disposition  on  this  side  of  the  chamtier,  to  make  very  long  or 
claboraie  .speeches  on  the  subject,  and  1  cannot  help,  sir,  in  this 
connection  calling  the  attention  of  the  Senate  to  one  fact,  letting 
that  fact  carry  with  it  its  own  argument  witi)out  any  commentary  of 
mine — a  fact  to  justify  by  precedent,  the  resolution  which  I  have 
submitted  ;  and  to  justify  by  precedent  likewise  the  speedy  action 
of  the  Senate.  1  will  read  from  the  journal  of  the  House  of  Kep- 
resetitalives  very  briefly,  and  then  I  will  simply  ask  the  Senate  to 
decide  upon  the  motion.     On  the  10th  day  of  February,  1820,  Mr. 


April  3.] 


CONGRATULATIONS  TO  THE  FRENCH. 


437 


Clay  submitted  in  the  House  of  Representatives  this  resolution 
upon  which  the  proceedings,  which  I  will  read  from  the  journal 
were  had. 

Mr.  Clav  sTilimitteti  the  followins  resolution,  viz  : 

ResoJvEil,  That  the  House  of  Repiesentatives  participates  with  the  peojile  of  the 
United  Sinles  in  the  deep  interest  winch  they  feel  for  the  sui-cess  of  tlie  Spanisli  pro- 
vinces of  Poiith  .America,  which  are  stnij^line  to  establish  their  hherty  and  indeperl- 
tlence ;  and  tliut  it  will  pive  iu  constitntional  support  to  the  Pre.ident  of  the  Ignited 
States,  whenever  he  nir\v  deem  it  expedient  to  recognize  the  sovereignty  and  indepen- 
dence of  any  o'"  the  said  provinces. 

The  said  resolution  was  read  :  when 

Mr.  Wood  moved  Ihat  it  lie  on  the  table  ;   which,  beinK  nepatived. 

iWr.  .\RrnER.  of  Maryland,  called  for  a  divi-ion  of  the  rplestion  ;  and  the  same 
being  stated  to  agree  to  the  first  member  thereof,  ending  with  the  word  indepenil-~ 

tTlCP. — 

Mr.  Wood  moved  that  the  said  resolution  be  postponeil  indefinitely. 

And.  the  question  being  taken  thereon, 

It  was  determined  in  the  negative. 

Mr.  FnOT  then  moved  that  the  said  resolution  lie  on  the  table,  which  motion  was 
also  nerratived  :  when, 

Mr.  Wood  moved  to  amend  the  same,  by  adding  thereto  the  following  proviso  :— 
Provided  nothing  in  this  resolution  is  intenrled.  nor  shall  be  construed,  to  have  any  in- 
floence  upon  the  independent  exercise  of  the  treaty  making  power  by  the  President  and 
Senate. 

Anil,  'he  question  being  taken  to  agree  to  the  said  proviso. 

It  was  determined  in  the  negative. 

The  question  was  then  taken  on  agreeing  to  the  said  first  member  of  the  resolution. 

And  passed  in  the  aflirmative,  yeas  1114,  nays  12, 

Mr.  I^Taclay  then  moved  to  amend  the  second  member  of  the  said  resolution,  by 
prefixing  the  following  :  "That  it  approves  of  \.ho  zonr^  herrtofnre  pvrsnedhy  the 
President  nfthe  T'ltitrd  Staffs  trith  rr^ard  to  thr  said proviurca.^' 

And,  the  question  being  taken  thereon. 

It  was  determined  in  the  negative. 

The  quest  on  was  then  taken  to  agree  to  the  second  member  of  the  said  resolution, 
to  wit  :  from  the  word  and,  after  the  word  indfprndrncc,  lo  the  end  thereof, 

Au'l  passed  in  the  affirmative,  veas  87,  nays  fiP. 

Mr.  f'LAY.  and  Mr.  .Ai.lkn  of  New  York,  were  appointed  a  committee  to  present 
the  said  resolnlicni  to  the  President  of  the  United  States. 

And  then  the  House  adjourned. 


This  was  the  nature  of  the  prooeedinffs  in  resard  to  the  resolu- 
tion which  expressed  the  sympathy  of  Congress  in  connection  with 
the  sympathy  of  the  people.  There  were  one  hundred  and  thirty- 
four  votes  in  the  affirmative,  and  but  twelve  in  the  negative,  and 
the  whole  proceeding  was  accomplished  on  the  same  day  they 
were  submitted.  I  will  ask  for  the  yeas  and  nays  on  my  motion 
to  postpone  the  prior  order  of  the  day,  and  proceed  with  the  con- 
sideration of  this  resolution. 

Mr.  BAGBY. — When   these    resolutions    were   under    discus- 
sion on  a  former  day  I  voted  to  lay  them  on  the  table.     In  giving 
that  vole  I  desired  not  to  he  understood  as  wanting  sympalhy  with 
the  people  of  France  in  the  mighty  efforts  they  have  recently  made 
to  improve  their  political  condition  by  the  overthrow  of  monarchy 
and  the  eslalrlishment  of  a  republican   form   of  government   in  its 
stead.     I  yield  to  no  one  in   attachment  to  republican  principles — 
not  even  to  my  friend  from  Ohio — and  no  one   admits  more  cheer- 
fuUv  than  I  do  that   Senator's  devotion  to  republican   government 
and  the  principles  of  political   liberty.     I  voted  to  lay  the  resolu- 
tiun  on  the  table,  because  I  took  it   for  granted  from  the  moment 
I  heard  of  the  great  movement  in  Paris,  that  our  minister  at   that 
point  would,  as  early  as  practicable,  send   an  official  despatch   to 
the  government  of  the  United  States,  and  that  that  would  be  com- 
municated to  the  Senate.     In  this  expectation,  sir,  I  have  not  been 
disappointed.     The  President  has  received  such  a  despatch  and  has 
just  communicated  it  to  the  Senate.     I  approve  fully  of  the  course 
pursued  by  the  American  minister,  and  entiiely  concur  in  the  libe- 
ral and   enlightened    feeling  of  sympathy  expressed  in   the   Presi- 
dent's message.     These   documents  havi'   been   referred,  ]>rnperly 
referred,  to  the  Committee  on  Foreign  Relations,  and  will  form  a 
proper  basis  for  whatever  action  the  Senate  may  think  proper  to 
take  in  regard  to   the  French  revolution.     I  think  that  the  resolu- 
tion brought  forward  by  the   honorable  Senator  from  Ohio   ought 
to  take  the  saine  course.     It   appears   to  me   that   this  would  be 
more  respectful  to  the  people  and  to  the  governments  of  both  coun- 
tries.    Sir,  in  matters  of  such  vast   concern    lo   the   interests   and 
happiness  of  mankind  as  the  establishment  of  governments,  some- 
thing more  is  necessary  than  feeling  hearts  and  undoubting  confi- 
dence.    It  is  a  ease  in  which,  above  all  others,  we  should  be  guided 
by  the  calm  lights  of  truth,  reason,  caution,  and  mature  delibera- 
tion.    Impassioned  declamation  on   our  part  is   not  necessary  to 
stimulate  the  French  people  to  revolution.     That  mighty  event  has 
been  accomplished.     It   remains  to  be  seen  what   are    to  be   the 
fruits  of  it.     If  I  was  certain   that  I  saw  in  the  great  movement 
that  has  lately  taken  place,  the  uprising  of  the  snn  of  liberty,  as- 
cending in  majesty  and  grandeur  to  its  meridian  height,  and  theie 
imparting  light  and  heat,  and  the  blessings  of  constitutional"  regu- 
lated freedom,  based  upon  true  republican  principles,  to  the  people 
of  Fr'ince,  I  should  indeed  rejoice  with  inexpressible  joy.     If,  on 
the  other  hand,  it  was  but   the  lightning's  flash  and   the  thunder's 
roar  which  preceded  that  tremendoi's  series  of  events,  which  on  a 
former  occasion  swept   like   a   tornado  not   only  over  France,  but 
over  continental  Europe,  carrying  the   miseries  and  the  horrors  of 
war,  havoc  and    bloodshed  in    its  desolating   course  and   endini:  in 
absolute  military  despotism,  it  can   prove   no   source  of  rejoicing 
with  me.     I  sympathize  deeply  and  sincerely  with  the  people  of 
Franco,  but  1  have  my  doubts  and  miscivings.     I  hope  for  the  best. 
Under  every  aspect  of  the  ease  I  am  anxious  that  the  subject  shall 
undergo  the  investisation  of  a  coinmittee,  and   that  they  shall  ex- 
press in  a   temperate,  statesman-like  manner,  the  sympathies  and 
views  of  the   Senate  and   those  of  the  American   people.     I   have 
listened  with  great  pleasure  to  the  views  expressed  by  the  Senator 
from   South   Carolina,   [Mr.   Calhoun,]   and  however   widely   I 
may  have  differed  from  the  Senator  on  other  questions,  I  avail  my- 
self of  the  occasion  to  say  that  his  views  in  relation  to  this  meet 


mv  entire  concurrence  and  approbation,  and  are,  if  the  Senato"^ 
will  permit  mc  to  say,  highly  creditable  to  his  enlarged  experience 
in  public  affairs,  and  worthy  of  the  high  rank  he  holds  as  a  states- 
man, not  only  in  the  estimation  of  his  own  countrymen,  but 
throughout  the  civilized  world.  I  shall  be  compelled,  sir,  unless 
these  resolutions  are  taken  up  in  order  to  be  referred  to  a  com- 
mittee, to  vote  against  the  motion. 

Mr.  DICKINSON. — I  rise  for  the  purpose  of  suggesting  that 
the  question  is  not  debatable  in  its  jiresent  form.  The  reason 
why  I  make  the  objection  is,  that  the  Senator  from  Louisiana  the 
other  day  while  debating  this  residution  upon  its  merits,  gave 
way  to  other  business,  and  it  is  not  only  depriving  that  Senator 
of  the  privilege  to  which  he  is  entitled,  but  reversing  the  whole 
order  of  business  to  proceed  as  we  are  now  doing. 

Mr.  CRITTENDEN. — I  wish  merely  to  inquire  whether  a 
motion  to  postpone  the  order  of  the  day  lor  the  purpose  of  taking 
up  a  particular  subject  is  a  debatable  question, 

PRESIDING  OFFICER. — It  is  the  opinion  of  the  chair  that  it 
is, 

Mr.  CRITTENDEN. — Well,  when  I  offered  that  motion,  and 
moved  to  amend  it  by  subslituting  another  subject  for  considera- 
tion, is  not  my  motion  equally  debatable,  and  have  we  not  the  two 
subjects  open'for  debate  ?  If  the  gentleman  can  give  reasons  for 
taking  up  the  subject  which  he  proposes,  may  I  not  also  give 
reasons  for  taking  up  another,  and  thus  support  my  ground  of  op- 
position to  his  motion  by  showing  the  necessity  for  prompt  action 
on  the  measure  which  has  been  made  the  very  order,  which  has 
been  proposed  to  be  dispensed  with  ?  The  bill  to  which  1  allude 
had  passed  the  House  of  Representatives  previous  to  the  adjourn- 
ment of  the  Supreme  Court,  and  anticipating  its  passage  through 
the  Senate  also,  the  court  adjourned  to  meet  again  on  the  first 
Mondav  in  May,  provided  tiio  bill  should  become  a  law.  It  is 
actually  necessary,  therefore,  if  the  bill  is  to  be  acted  upon  at  all, 
that  it  should  be  acted  upon  in  time  to  give  notice  to  those  having 
business  before  that  court  If  its  passage  be  delayed  it  will  de- 
feat the  very  object  and  purpose  of  the  bill  as  effectually  as  if  it 
were  voted  down.  And  this  I  cannot  think  Senators  will  be  will- 
ing to  do,  when  they  understand  the  neccssiiy  for  the  passage  of 
such  a  bill.  I  do  not  propose  now  to  offer  the  remarks  which  I 
desio-n,  and  hope  to  have  an  opportunity  to  offer,  before  the  reso- 
lution of  sympathy  is  finally  acted  upon,  I  am  in  favor  of  that 
resolution,  and  I  do  not  wi.sli  an  inference  to  be  drawn  from  my 
opposition  to  its  present  consideration,  that  I  do  not  concur  in  it 
with  all  mv  heart.  Still  there  is  time  for  that  expression  of  sym- 
pathy, and  there  is  time  for  doing  the  business  which  is  pressing 
upon  us  also. 

Mr.  BUTLER  expressed  his  desire  that  the  bill  referred  lo  by 
the  Senator  from  Kentucky  should  be  proceeded  with.  If  the  bill 
was  to  be  acted  upon  at  all  it  ought  to  be  taken  up  now. 

Mr.  DAVIS,  of  Massachusetts,  remarked  lhat  he  had  re- 
ceived letters  of  inquiries  in  regard  lo  what  disposition  had- been 
made  of  this  bill.  He  believed  that  courts  were  about  to  be  held 
in  several  of  the  Circuits  of  the  United  States,  and  it  was  highly 
important  that  the  passage  of  the  bill  should  not  be  delayed. 

Mr.  BENTON. — I  believe,  sir,  we  have  a  rule,  which  rule  is 
applicable  also  to  the  proceedings  in  the  Supreme  Court — that  un- 
finished business  shall  be  entitled  to  preference.  It  is  also  the  rule  of 
common  sense.  A  bill  was  in  progress  last  week  relating  to  a  mat- 
ter of  great  importance,  which  biil  was  deferred  for  reasons  which 
the  Senate  can  well  comprehend  ;  its  progress  was  interrupted  by 
a  matter  of  exigency,  and  tho.ie  who  had  charge  of  the  bill  yield- 
Inor  to  that  exigency  consented  that  the  bill  should  be  temporarily 
passed  by,  witii  the  expectation  that  the  moment  that  subject  was 
disposed  of  the  considerat^ion  of  the  bill  would  be  resumed.  This 
was  my  understanding,  sir.  That  parii^iular  subject  is  not  yet 
disposed  of,  and  I  wish,  therefore,  that  instead  of  beginning  with 
any  matter  the  Senate  would  now  go  into  Executive  session  and 
complete  the  business  before  it  in  that  capacity,  then  resume  the 
consideration  of  the  California  bill,  and  when  that  is  done  we  may 
go  on  with  any  thing  else  that  may  be  proposed. 

Mr.  HANNEGAN.— I  will  slate  to  the  Senator  that  the  indi- 
vidual on  trial  is  now  under  habeas  corpus. 


Mr.  CASS. — The  Senate  will  recollect  that  some  days  since  I 
gave  notice  lhat  I  would  call  up  the  bill  for  raising  an  additional 
volunteer  force  as  soon  as  the  bill  which  was  then  in  the  hands  of 
the  chairman  of  the  Committee  on  Finance,  should  be  passed. 
That  bill  has  passed.  At  that  time  there  were  reasons  urged  by 
the  honorable  Senator  from  Missouri,  for  bringing  forward  this 
California  bill.  I  yielded  to  those  reasons,  and  immediately  ihere- 
afti-r  the  question  regarding  the  French  revolution  came  up,  and 
that  being-  a  great  question  I  gave  way  to  that  also.  It  appeared 
to  me  that  the  testimonial  proposed  to  be  given  by  this  country  to 
France,  to  be  worth  any  thing  depended  on  two  considerations — 
promptitude  and  unanimity.  I  did  hope  that  we  should  have  both. 
It  is  now  certain,  however,  that  one  will  be  wanting  if  not  the 
other.  As  far  as  respects  myself  I  shall  feel  bound  to  insist  that 
the  bill  from  the  Military  Committee  shall  not  be  superseded  by 
any  other  business,  and  I  trust  the  Senate  will  pardon  me  from 
pressing  its  immediate  consideration. 

Mr.  DOWNS.— I  am  aware  that  there  are  several  bills  pressing 
upon  the  Senate  ;  but  I  hold  it  to  be   important  as  was  suggested 


438 


CONGRATULATIONS  TO  THE  FRENCH. 


[Monday, 


by  the  honorable  Senator  from  Michigan,  that  il  we  act  at  all  in 
relation  to  the  subject  of  the  resolution,  our  action  should  be 
speedy  ;  whatever  we  do  should  be  promptly  done.  I  am  willing 
therefore,  although  I  took  but  little  part  in  the  discussion  of  the 
subject  when  it  was  before  the  Senate  the  other  day,  to  forego  the 
privilege  of  offering  any  remarks,  and  hope  that  by  common  con- 
sent the  vote  may  be  taken. 

Mr.  DAYTON. — I  should  hope  with  due  deference  to  the  wishes 
of  the  Senator  from  Kentucky,  that  the  bill  in  reference  to  the 
Supreme  Court  will  not  now  be  taken  up,  inasmuch  as  one  of  the 
gentlemen  of  the  Committee  who  takes  a  particular  interest  in  the 
bill  is  not  present.  It  will  be  recollected  in  what  manner  the  bill 
passed  from  the  committee  into  the  hands  of  the  Senate,  that  it 
was  by  a  majority  only  ;  and  I  know  that  if  it  be  taken  up  it  will 
not  lead  to  a  short  discussion.  This  I  know  not  only  from  what 
took  place  when  the  bill  was  before  the  Comrnittee,  but  from  com- 
munication with  members  on  both  sides  of  this  chamber,  who  are 
opposed  to  the  passage  of  the  bill.  If  it  be  taken  up  I  question  whe. 
ther  we  shall  see  the  end  of  the  discussion  to-day,  or  even  to-mor- 
row. There  is,  it  seems  to  me,  one  obvious  reason  why  the  unfi- 
nished business  before  the  Senate  should  be  disposed  of,  so  far  as 
the  resolution  from  the  Senator  of  Ohio  is  concerned.  I  under- 
stood from  i  im  some  days  since,  that  he  had  no  intention  to  press 
it  lo  an  immediate  vote,  that  he  was  willing  to  postpone  it  until 
some  luture  day.  or  to  refer  it  to  the  Committee  on  Foreign  Re- 
lations. If  this  be  so,  may  we  not  make  some  such  disposition  of 
the  question,  and  when  it  shall  return  upon  our  hands  again,  say 
what  we  have  to  say  upon  it,  and  in  the  mean  time  dispose  of  the 
other  business  that  is  before  the  Senate  ? 

Mr.  ALLEN. — All  business  that  has  been  introduced  into  the 
Senate,  and  is  not  perfected,  is  the  unfinished  business  in  the  usual 
sense  of  the  term  ;  but  the  only  unfinished  business  in  the  strict 
sense  of  the  term,  is  the  resolution.  It  is  the  very  business 
that  the  Senate  had  in  hand,  and  which  was  passed  in- 
formally by  when  the  Senate  on  Friday  went  into  Executive 
session.'  Now  with  regard  to  the  day,  I  did  seek  with  the 
utmost  solicitude  to  find  out  the  day  which  would  b?st  accom- 
modate the  Senate.  I  named  one  which  was  not  the  day  however, 
which  I  first  had  in  my  mind,  it  was  far  more  remote  than  I  would 
have  named,  but  for  the  sake  of  gratifying  gentlemen  who  pro- 
posed it,  I  acceded  to  their  wishes.  But  after  naming  that  day 
finding  that  it  was  as  much  objected  to  as  any  other,  I  fell  back 
upon  the  original  period.  Now  we  have  had  the  subject  several 
days  under  discussion,  and  can  complete  it  this  day  if  we  take  it 
in  hand.  1  will  offer  no  obstacle  to  its  completion  this  day,  I  will 
make  no  speech  upon  it  if  gentlemen  will  take  it  up — so  far  as  I 
am  concerned  it  may  be  voted  on  in  five  minutes.  I  ask  for  the 
yeas  and  nays  on  the  resolution. 

Mr.  CRITTENDEN.— As  I  am  but  little  skilled  in  the  rules  of 
this  house,  havinir  as  long  as  I  have  been  here  confided  implicitly 
in  the  Presiding  Ollicer,  I  wish  to  know  if  the  special  order  of  the 
day  may  not  be  called  for  by  the  chair  as  the  proper  subject  for 
consideration  ? 

PRESIDING  OFFICER.— Certainly,  if  there  be  no  other  busi- 
ness  in  progress  before  the  Senate. 

Mr.  CRITTENDEN. — There  is  no  other  business  in  progress. 
There  is  a  motion  to  postpone  the  order  of  the  day,  and  to  pro- 
ceed to  the  consideration  of  other  business.  I  conceive  that  the 
case  of  the  special  order  for  which  I  have  called  is  one  of  great 
exigency,  far  more  pressing  and  momen'ous  in  its  demand  upon 
our  immediate  attention  than  is  the  other  business  presented,  and 
now  being  urged  upon  the  Senate  for  consideration.  Sir,  delay 
will  defeat  this  bill  effectually.  I  wonder  how  Senators  can  take 
any  other  view  of  it.  I  am  for  giving  both  of  the  measures  press- 
ing upon  us  for  consideration  a  prompt  and  immediate  attention; 
but  as  this  bill  is  one  of  the  greatest  consequence  to  the  adminis- 
tration of  justice  ill  the  whole  Union,  I  hope  it  will  not  be  j)ost- 
poned.  I  will  say.  however,  in  relation  to  this  resolution,  tiiat  I 
think  it  is  due  to  the  subject,  at  least,  to  commit  it.  I  have  not 
examined  iis  phraseology  myself,  and  have  no  other  confidence  in 
its  fitness  than  that  which  arises  from  my  knowledge  of  the  capac- 
ities of  the  gentleman  who  drew  it  up.  It  may  be  all  correct,  but 
I  think  it  is  best  that  we  should  act  prudently  and  cautiously  in 
the  matter,  and  that  it  should  undergo  the  revision  of  a  commit- 
tee. The  greatness  of  the  subject,  and  character  of  the  relations 
existing  between  the  two  nations  demand  such  consideration.  I 
have  seen  a  disposition  to  delay  evinced  since  it  was  brought  up 
for  consideration,  and  I  had  resolved  in  my  own  mind  to  have 
shortly  made  an  effort  for  a  compromise  in  order  to  an  early  con- 
sideration. In  going  to  a  committee  I  would  desire  it  lo  be 
speedily  reported  upon.  It  inav  be  that  something  should  be 
added  to  these  resolutions.  I  think  that  they  are  suseepliblo  of 
improvement  by  additional  resolutions.  If  we  stand  in  an  attitude 
as  a  republic  to  address  the  French  nation,  our  experience  and 
advice  to  them  as  the  oldest  and  strongest  republic  in  the  world 
will  not,  I  think,  be  regarded  as  officious  or  superfluous.  For 
one,  I  believe  it  is  indispensable  to  the  pernmnence  of  the  French 
republic,  that  her  departments  should  be  divided  into  States,  and 
that  she  should  have  Stale  institutions,  as  well  as  a  national  con- 
vention or  assembly  to  govern  the  whole  republic.  Might  we  not 
without  making  ourselves  in  some  form  or  other  offensive,  insin- 
uate some  idea  of  this  sort,  the  earrving  out  of  which  would 
gieatly  iucrsaie  oonfidence  in  btr  stability  as  a  republic.     Again, 


instead  of  placing  her  seat  of  government  in  a  great  city,  liable  to 
be  suddenly  agitated  by  tumults,  following  the  advice  ol  Washing- 
ton, might  we  not  recommend  to  her  the  locating  of  her  capital  ia 
some  quiet  and  sequestered  spot  similar  to  that  in  which  our  own 
capital  at  present  reposes  ?  Would  not  such  action  on  her  part 
establish  greater  confidence  in  the  minds  of  other  nations  as  to 
the  permanancy  of  her  republican  form  of  government?  But 
whether  we  can  venture  to  make  a  suggestion  of  this  kind,  is  a 
matter  for  the  Senate  to  determine. 

Mr.  ASHLEY. — It  will  be  recollected  that  when  this  bill  was 
reported  back  to  the  Senate  it  was  reported  by  a  majority  only  of 
the  committee  and  that  there  was  a  protest  against  it  by  the  mi- 
nority of  the  committee.  I  have  no  particular  preference  at  what 
time  it  shall  be  taken  up.  I  am  desirous,  however,  that  when  it 
is  taken  up  it  shall  receive  a  full  discussion.  I  believe  it  is  the 
most  important  measure  that  has  been  presented  to  the  con.sidera- 
tion  of  the  Senate  this  session.  It  proposes  to  materiallv  change 
the  whole  judiciary  system,  as  I  think,  permanently — though  it 
purports  upon  its  face  to  be  but  a  temporary  ehange — and  is  the 
entering  wedge  to  an  entire  change  of  that  system.  I  shall  ob- 
ject, therefore,  to  its  being  taken  up  for  consideration  until  we  can 
devote  a  sufficient  time  to  the  consideration  of  its  provisions,  as 
well  as  of  all  the  amendments  that  may  be  offered.  I  will  ob- 
serve further,  that  the  minority  of  the  committee  instructed  mo 
when  the  bill  came  up  to  offer  an  amendment.  That  amendment 
failed.  Since  that  lime  I  have  learned  that  in  another  poriion  of 
the  eapitol  a  system  has  been  introduced  which  has  received  unan- 
imous  concurrence.  I  shoHid  have  been  glad  of  an  opportunity  to 
have  examined  that  measure  before  we  act  up  m  this.  If  we  lake 
up  the  bill  now  we  can  hardly  expect  to  go  into  a  full  discussion 
while  this  other  subject  is  pending,  and  gentlemen  are  anxious  to 
engage  in  this  discussion.  I  hope,  therefore,  that  it  will  be  post- 
poned. I  do  not  agree  with  the  Senator  from  Kentucky  that  there 
is  so  great  a  necessity  for  immediate  action.  If  we  pass  ihe  bill 
some  ten  or  fifteen  days  hence  there  will  be  abundant  time  for  no- 
tice to  reach  all  pans  of  the  United  States  at  what  time  the  Su- 
preme Court  will  hold  its  session. 

Mr.  DAYTON. — I  desire  to  say  emphatically  that  I  am  in  fa- 
vor of  the  passage  of  this  bill,  and  that  I  shall  vote  for  taking  it 
up  at  the  very  earliest  opportunity.  Since  I  expressed  a  desire  that 
the  bill  might  not  now  be  taken  up  in  the  absence  of  a  member  of 
the  committee,  I  find  that  lie  is  either  here  or  will  be  here  imme- 
diatelv,  and  therefore  the  only  reason  for  which  I  desired  its  post- 
ponement being  removed,  I  shall  cordially  unite  in  the  effort  to 
bring  it  before  the  Senate. 

Mr.  NILES.— I  consider  it  entirely  irregular  to  proceed  in  this 
way  bv  taking  a  particular  bill  and  giving  it  preference  over  all  the 
other  business  before  ihe  body.  I  hope  that  on  this  proposition  we 
shall  not  be  governed  in  any  degree  by  what  has  been  said  in  refe- 
rence to  other  measures,  I  was  under  the  impression  that  the  Se- 
nator from  Ohio  desired  to  take  up  his  resolution  for  the  purjT5sa 
of  fixing  a  day  for  its  consideration.  But  if  I  understand  him  now, 
be  proposes  to  take  it  up  for  the  action  of  the  Senate  at  this  time. 
I  am  not  prepared  this,  and  if  that  be  the  object  I  shall  vote 
against  the  motion.  I  am  satisfied  that  this  subject  has  not  re- 
ceived that  consideration  which  its  importance  demands.  It  strikes 
me  that  the  reosolution  is  not  expressed  in  the  best  form.  I  do  not 
know  what  is  meant  by  "consolidation  of  liberty."  But  without  go- 
ing at  all  into  this  matter,  but  merely  regarding  the  form  ol  the  reso- 
lution, and  the  form  of  that  wh  ch  has  been  referred  to,  as  an  exam- 
ple, I  would  say  that  the  House  of  Representatives  in  that  case  were 
speaking  for  themselves  only.  I  ihink  that  \yhen  one  government 
addresses  another,  too  much  care  cannot  be  taken  in  regard  to  ac- 
curacy. I  concur  with  the  remark  of  the  Senator  from  Michigan 
'that  if  this  expression  of  the  feelings  of  the  American  people  is  to 
be  of  any  avail,  it  is  desirable  that  it  should  be  expressed  with 
great  unanimity,  but  I  do  not  think  there  is  any  necessity  for  being 
in  haste.  Expressions  of  this  kind  should  come  from  the  people 
themselves  ;  they  do  not  come  well  from  us.  Our  action  should 
be  deliberate— the  result  of  the  well  settled  judgment  of  this  body. 
I  shall  not  go  further  into  this  matter.  I  think  in  regard  to  the 
motion,  it  should  be  considered  without  reference  to  any  other  sub- 
ject than  that  to  which  it  refers. 

The  question  being  about  to  be  put,  the  yeas  and  nays  were 
again  demanded,  and  they  were  ordered. 

Mr.  BAGBY. — I  will  with  great  pleasure  vote  lor  taking  i]p 
the  resolution,  with  the  understanding  that  it  is  to  be  referred  to 
the  Committee  on  Foreign  Rein  lions,  or.  if  the  Senator  prefer  it, 
to  a  select  committee. 

Mr.  ALLEN. — The  (|uestion  pending  when  the  Senate  went 
into  Executive  session  on  Friday,  was  to  make  this  resolution  the 
order  of  the  day  for  It. is  dav.  There  were  proposilioiis  to  amend  that 
motion  by  the  substilution  of  another  day.  The  object  which  I  have 
in  making  the  motion  that  I  Ikivc  made  to-day,  is,  to  lake  up  the 
resolution  and  lo  proceed  iinniedialely  to  its  (^oiisidcralion,  without 
reference  U)  a  committee  and  without  n  iming  another  day. 

The  yeas  and  nays  were  then  taken  with  the  following  result  : 

YKAS— Messrs.  Alien,  .\slilcy.  Ateliison.  .\llierron,  Bradbury.  Breesp.  Cass.D.i- 
vii.  of  Missisiippi.  lloiigins.  Douns.  Yp\rh,  Foole.  Hale,  Haunegjin,  Houston,  Johu- 
son.  of  (leorein.  Lewis.  Moor,  Rusk,  \Vesti'Olt — il. 

NAYS— Messrr,  ILnphy.  Balilwin,  U.-II.  Henlon.  Bi-rrieu,  Butler.  Cnlhoun.  Clilik«, 
Clayton.  Critleniieli.  Davis,  of  Massachusetts,  Creene.  Jolitixon,  of  Marylaud.  MsQ- 
gam,  MUlor,  NUm,  Fesrce,  Pliolps,  Spruanco,  Turucy,  Unilenvood,  Vpliam — W 


CONGRATULATIONS  TO  THE  FRENCH. 


April  3.] 

So  the  motion  was  not  agreed  to. 

Mr.  HANNEGAN  proposed  that  the  Senate  proceed  to  the  con- 
sideration of  Executive  business. 

Mr.  CRITTENDEN  opposed  the  motion,  and  moved  that  the 
Senate  proceed  to  consider  the  special  order,  being  the  bill  to 
which  he  bad  before  alluded. 

Mr.  HANNEGAN. — I  will  suggest  to  the  honorable  Senator 
from  Kenluckv  that  there  are  very  pressing  reasons  for  having  an 
Execiilive  session. 

Mr.  CRITTENDEN— I  cannot  conceive  that  there  is  any 
more  pressing  business  than  the  consideration  of  the  bill  which  I 
have  named."  I  hope  that  the  Senator,  therefore,  will  withdraw 
his  motion  in  order  to  give  me  an  opportunity  to  take  that  bill  up. 

Mr.  CASS.— What  will  be  the  effect  of  that  motion'  Will  it 
be  to  give  preference  to  that  subject  over  all  others  ? 

Mr.  CRITTENDEN.— That  is  the  very  object  of  my  motion. 

Mr.  CASS.— I  trust  it  will  not  be  agreed  to. 

Mr.  CRITTENDEN.— Let  the  Senate  decide. 

Mr.  C.\SS. The  speedy  consideration  of  the  bill  relating  to  the 

California  claims  is,  in  my  apprehension,  still  more  important  than 
that  of  the  bill  to  which  the  Senator  referred. 

Mr.  BENTON. — I  am  very  unwilling,  sir,  to  be  pertinacious 
before  ihe  Senate,  but  here  is  a  bill  for  appropriations  which  is 
entitled,  by  all  the  forms  ol  proceeding  observed  in  legislative 
bodies,  to  precedence.  It  is  a  bill  containing  appropriations  which 
ouslit  (o  have  been  included  in  the  general  appropriation  bill.  It 
is  a  subject  of  that  nature  which  is  of  itself  entitled  to  precedence; 
but  independently  of  that,  it  was  delayed  only  for  the  purpose  of 
ncrmittms  the  loan  bill  to  be  proceeded  with,  after  the  passage  of 
which,  the  consideration  of  this  bill,  it  was  understood,  was  to  be 
resumed.  It  gave  way  to  a  matter  of  exigency  which  subsequently 
arose;  but  when  I  onmo  here  tlii.s  mornins  it  was  with  the  expec- 
tation that  it  should  lie  no  longer  deferred.  Now,  it  is  proposed 
that  a  subject  which  has  engaged  the  attention  of  Congress  at 
times  for  fifty  years  be  taken  up;  that  is  to  say,  whether  the  Su- 
preme Court  o'f  the  United  Slates  shall  be  cut  loose  from  the 
States  ?  That  is  the  question  which  comes  up  upon  the  bill,  the 
consideration  of  which  is  ursed  by  the  Senator  from  Kentucky. 
Shall  the  Supreme  Court  be  cut  loose  from  the  States,  and  the 
judues  of  that  court  be  settled  here  foi-  life,  and  become  a  perma- 
nent central  and  supreme  power?  That  question  has  been  de- 
cided at  times  after  the  fullest  debate.  As  often  as  the  question 
was  presented  fully,  it  has  been  decided  that  it  should  not  be  done. 
There  is  certainly  a  great  amount  of  time  on  the  docket  of  that 
court;  but  are  vou  to  make  the  docket  less  by  preventing  the 
judges  from  going  into  the  circuits  to  hold  courts  ?  You  cannot 
do  'it.  I  admit  that  the  pressure  of  business  upon  the  court  is  an 
evil  which  will  require  a  remedy;  but  there  is  one  thing  I  never 
will  admit,  that  a  proper  change  of  the  svstem  can  be  made  has- 
tily. I  am  against  all  legislation  that  is  done  under  the  cry  of  "now 


439 


or  never."  We  have  now  the  stimnlating  arguinent  addressed  to 
us  that  the  Supreme  Court  has  adjourned  to  meet  in  May,  and 
that  we  must  therefore  act  now  upon  this  subject;  and  I  presumo 
act  affirmatively  upon  it.  Now,  this  is  forcing  us  to  perform  an 
immense  work  in  legislation  upon  something  like  the  cry  of  "'now 
or  never."  A  subject  which  has  at  times  engaged  the  deliberate  at- 
tention of  the  two  houses  of  Congress,  is  now  to  be  acted  upon  at 
once,  under  the  argument  that  it  is  rendered  necessary  by  a  pro- 
ceeding of  the  Supreme  Court.  I  am  unwilling  to  go  into  a  sub- 
ject of  this  magnitude  with  the  view  of  acting  thus  hastily;  besides, 
I  do  not  regard  this  measure  as  a  remedy  for  the  evil.  I  hope 
that  the  bill  will  not  be  taken  up  until  a  more  proper  time;  and 
that  it  will  then  be  proceeded  with  deliberately,  without  any  stim- 
ulant for  action  on  the  part  of  the  Senate,  other  than  the  desire  to 
provide  a  remedy  for  the  existing  evil. 

Mr.  CRITTENDEN. — I  am  very  sorry  that  the  honorable  Sen- 
ator has  thought  it  necessary  to  oppose  this  motion,  which  is  mere- 
ly  a  motion  to  take  up  the  bill  for  consideration;  and  upon  this 
motion  the  Senator  makes  his  speech  regarding  the  merits  of  the 
bill.  The  bill  has  been  reported  to  us  by  a  committee  of  this  body, 
with  a  recommendation  that  it  be  passed. 

PRESIDING  OFFICER.— The  pending  motion  is  to  proceed 

to  the  consideration  of  Executive  business. 

Mr.  CRITTENDEN.— The  Senator  from  Indiana  is  willing, 
I  believe,  to  withdraw  that  motion  for  the  purpose  of  proceeding 
to  the  consideration  of  the  bill  which  I  have  mentioned,  which  is 
the  present  order. 

PRESIDING  OFFICER.— The  California  bill  is  the  prior  spe- 
cial order. 

Mr.  CRITTENDEN.— I  do  not  know  that.  It  is  unfinished 
business  to  be  sure,  so  is  the  resolution  of  the  Senator  from  Ohio. 
But  I  move  to  take  up  this  bill  in  whatever  form  the  motion  may 
be  most  appropriately  pronounced.  The  Senator  from  Missouri 
has  supposed  that  this  bill  presents  the  great  question  whether  this 
court  shall  be  cut  off  and  separated  from  the  States  entirely,  re- 
ducing the  States  to  the  character  of  provinces,  and  establisbing 
a  permanent  and  central  power.  But,  sir.  the  whole  object  of 
the  bill  is  to  provide  for  an  exigency  growing  out  of  an  accumula- 
tion of  business  before  that  court.  Something  must  be  done  to  get 
rid  of  this  mass  of  business,  which  prevents  cases  from  being  heard 
for  two  or  three  years  after  being  docketed.  How  is  this  to  be 
done  ?  Unless  you  provide  some  way  of  disposing  of  this  accu- 
mulation of  business,  the  evil  will  increase  every  day,  and  it  will 
be  as  injurious  in  itsefTects  as  the  evil  which  the  honorable  Sena- 
tor seems  to  dread  so  much. 

The  motion  lo  proceed  to  the  consideration  of  Executive  business 
was  then  agreed  to. 

After  some  time  occupied  in  Executive  business,  the  doors  were 
opened,  and 

The  Senate  adjourned. 


440 


DEATH  OF  THE  HON.  JAMES  A.  BLACK. 


[Tuesday, 


TUESDAY,  APRIL  4,  1848 


PETITIONS. 

Mr.  PEARCE  presented  a  memorial  of  the  Maryland  College 
of  Pharmaey,  praying  the  adoption  o(  measures  for  preventmg  the 
importation  of  spurious  and  adulterated  drugs  and  medicines;  which 
was  referred  to  the  Committee  on  Commerce. 

Mr.  MILLER  presented  the  petition  of  Mary  Coleman,  widow 
of  a  revolutionary  soldier,  praying  to  he  allowed  a  pension  j  which 
was  referred  to  the  Commilteo  on  Pensions. 

Mr.  BAD'j'ER  presented  the  petition  of  Agnes  Freeland,  widow 
of  a  revolutionary  officer,  praying  to  be  allowed  a  pension  ;  which 
was  referred  to  the  Committee  on  Pensions. 

Mr.  JOHNSON,  of  Maryland,  presented  a  memorial  of  citizens 
of  the  United  States,  praying  an  approprintion  for  the  purchase  of 
Mount  Vcrncm  by  the  uovernment  ;  which  was  referred  to  the  Com- 
mittee on  Military  Affairs. 

Mr.  DIX  presented  a  memo-ial  of  G.  R.  Cox  and  ot  hers,  citi 
zens  of  the  United  States,  praying  that  the  owners  of  steam-ves- 
sels may  be  required  by  law,  to  adopt  Evans'  safety  guard  in  the 
construction  of  their  engines  ;  which  was  referred  to  the  Commit- 
tee on  Commerce. 

DOWEE    CASES  IN  THE  DISTRICT  OF  COLUMBIA. 

r  Agreeably  to  notice,  Mr.  MILLER  asked  and  obtained  leave  to 
bring  in  a  hill  relating  to  dower  ;  which  was  read  the  first  and 
second  times,  by  unanimous  consent,  and  referred  to  the  Commit- 
tee on  the  Judiciary. 

PRIVATE  BILL. 

Agreeably  to  notice,  Mr.  PHELPS  asked  and  obtained  leave  to 
bring  in  a  bill  granting  a  pension  to  William  Pittman  ;  which  was 
read  the  first  and  second  times  by  unanimous  consent,  and  referred 
to  the  Committee  on  Pensions. 

INDIAN  TRIBES  IN  TEXAS. 

Agreeably  to  notice,  Mr.  RUSK  asked  and  obtained  leave  to 
bring  in  a  bill  regulating  trade  and  intercourse  with  the  various 
tribes  of  Indians  residing  within  the  limits  of  Texas  ;  which  was 
read  the  first  and  second  times,  by  unanimous  consent,  and  refer- 
red to  the  Committee  on  Indian  AfTairs,  and  ordered  to  be 
printed. 

COL.   ROBERT    WALLACE. 

Mr.  CASS,  from  the  Committee  on  Military  AfTairs,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  for  the  re- 
lief of  Colonel  Robert  Wallace,  aid-dc-camp  of  General  William 
Hull,  reported  it  without  amendment. 

BATTLE   OF  PLATTSBURG. 

Mr.  CASS,  from  the  same  committee,  to  whom  the  subject  was 
referred,  reported  a  bill  lor  the  pavmcnt  of  tlie  fourth  regiment  in 
the  second  brigade  of  the  third  division  of  the  Vermont  militia,  for 
services  at  the  battle  of  Plattsburg;  which  was  read  and  passed 
to  the  second  reading. 

CHANGE    OF  REFERENCE. 

On  motion  by  Mr.  BRADBURY,  it  was 

Ordered,  That  the  C-immittee  on  Revolutionary  Claims  bo  dis- 
charged from  the  further  consideration  of  the  petition  of  Francis 
Hutinack,  a  soldier  of  the  revolutionary  army,  and  that  it  be  refer- 
red to  the  Committee  on  Pensions. 

MESSENGERS,  ETC.,   OF  THE   SENATE. 

Mr.  FELCH,  from  the  Committee  on  the  Contingent.  Expenses 
of  the  Senate,  to  whom  was  referred  on  the  10th  of  February,  the 
resolution  to  pay  t\^■o  youths  employed  about  the  Post-ollice  of  the 
Senate  during  last  session,  reported  the  same  back  with  an  amend- 
ment, striking  out  the  words  ''one  hundred" 
"  forty-five." 

The  Senate  proceeded  to  consider  the  resolution, 
ment  reported  from  the  committee  was  agreed  to. 

The  resolution,  as  amended,  was  then  agreed  to 


PRIVATE  BILL. 


and    inserting 
ind  the  amend- 


Mr.  FELCH,  from  the  same  Committee,  to  whom  was  referred, 
on  the  lOlh  of  February,  a  resolution  to  allow  extra  compensation 
to  messengers  of  the  Senate,  reported  the  same  back  with  a  re- 
commendation that  it  be  not  adopted. 


The  Senate  proceeded   to  consido 
not  agreed  to. 


said  resolution,  and  it  was 


Mr.  WESTCOTT,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  for  the 
relief  of  Archibald  Bull  and  Lemuel  S.  Finch,  reported  it  without 
amendment  and  with  a  recommendation  that  it  pass. 

MESSAGE    FROM    THE    HODSE. 

The  following  message  was  received  from  the  House  of  Repre. 
sentatives,  by  Mr.  Campbell,  their  clerk  : 

Mr.  rre5i.l<>nt  :  I  am  ilirect«il  to  notify  the  Senate  of 'the  ileath  of  the  Honorable 
J.v.MER  A.  Bi.ACK,  a  mpmber  of  the  House  from  the  State  of  South  Carolina  ;  and  of 
the  proceedings  of  the  House  taken  thereon. 

DEATH  OF  THE  HON.  JAMES  A.  BLACK. 

The  resolutions  from  the  House  of  Representatives  having  been 
read — 

Mr.  BUTLER  rose  and  addressed  the  Senate  as  follows  ;  The 
death  which  has  just  been  communicated  by  the  resolutions  from 
the  House  of  Representatives  is  an  event  well  calenlaied  to  arrest 
attention  ami  inspire  serious  reflection.  This  is  ihe  fourlh  death 
that  has  occurred  among  us  during  this  session — a  period  of  four 
months — and  the  ninth  occasion  upon  which  we  have  been  called 
on  to  go  in  mourning  for  ihe  loss  of  a  member  belonging  to  the 
30th  Congress.  These  are  circumstances  that  are  giving  to  our 
session  a  melancholy  celebrity. 

My  late  colleague,  the  Hon.  J.AMES  Augustus  Black,  was 
seized  on  the  I6th  of  the  last  month  with  a  violent  congestive 
chill,  which  terminated  in  an  obstinate  and  incurable  pneumonia, 
of  which  he  died  at  his  lodgings,  in  this  city,  last  night,  at  twenty 
five  minutes  after  eleven  o'clock.  Before  he  was  taken  ill  he  hail 
the  prospect  of  many  days  before  him.  With  a  robust  constitu- 
tion, he  was  in  the  enjoyment  of  vigorous  health,  neither  of  which 
had  been  impaired  by  previous  disease.  His  last  sickness  was  vio- 
lent, painful,  and  pi'otiacted,  but  it  was  borne  with  a  sustaining 
fortitude  worthy  of  a  man  and  a  Christian. 

Our  departed  friend  was  born  of  respectable  parents  in  Abbe- 
ville district.  South  Carolina,  and  at  the  time  of  his  death  he  was 
in  the  57th  year  of  his  age.  The  deceased  entered  the  armv  in 
1812,  at  the  age  of  eighteen,  with  the  commiision  of  lieutenant, 
and  was  promoted  to  the  grade  of  captain  before  the  close  of  the 
war. 

Captain  Black  had  not,  I  believe,  any  opportunity  of  distinc- 
tion on  the  field  of  battle.  But  he  left  the  service  with  the  repu- 
tation  of  an  excellent  oflieer,  having  made  a  strong  and  favorable 
impression  on  the  minds  of  his  associates  and  military  comrades. 
His  keen  sagacity,  penetrating  observation  of  men,  his  prompt 
judgment  and  untiring  industry,  associated  with  cordiality  and 
frankness  of  manner,  were  qualities  that  well  fitted  him  for  mili- 
tary command.  Upon  one  occasion,  whilst  he  was  stationed  near 
St.  Mary's,  the  intrepidity  of  his  benevolence  and  courage  was 
put  to  a  test  called  for  by  a  signal  exertion  to  save  life.  By  one 
of  tliose  sudden  floods  which  occur  in  that  part  of  the  country,  the 
bridges,  causeways,  and  houses  were  submerged  and  swept  away, 
destroying  many  lives  and  prope.ty.  Captain  Black,  with 
nuieh  peril  to  himself,  found  a  gentleman,  then  a  young  midship- 
man, now  a  ea[itain  in  the  navy,  insensible  and  exhaustcti,  floating 
on  the  wreck  of  a  vessel.  This  gentleman,  on  hearing  of  the  ill- 
ness of  Mr.  Black,  repaired  to  his  bedside,  and,  inspired  by  the 
utmost  delicacy  of  gratitude  and  friendship,  ministered  to  his  wants 
with  the  tenderness  almost  of  a  woman. 

On  the  close  of  the  war  Captain  Black  retired  to  private  life, 
and  engaged  in  business  with  characteristic  energy  and  industry. 
Prior  to  his  election  as  member  of  Congress  he  lillcd  several  siiua- 
tions  of  trust  and  rcsponsibiliiy.  He  possessed  in  an  eminent 
degree  the  self-reliance  of  a  sell-made  man  ;  with  the  peculiarities 
of  deportment  and  character  that  made  him  a  popular  favorite. 
From  tlic  period  of  his  return  to  the  28tli  Congress  others  have 
cnjciyed  belter  opportunities  than  myself  of  forming  an  estimate  of 
his  piipular  career.  But  the  deep  and  even  airectionate  anxiety 
manifested  during  his  illness,  and  the  profound  sensation  which  bis 
ileiiih  occasioned  amongst  those  who  were  particularly  associated 
with  him,  are  honorable  commentaries  upon  his  private  virtues 
and  his  public  worth. 

At  an  early  period,  Mr.  Black  became  a  disciple  of  the  old  re- 
publican doctrines,  and  ho  ever  afterwards  maintained  them  with 
unflinching  firmness  and  uniform  consistency.  He  has  beeen  sus- 
tained during  his  public  career  by  the  unshaken  confidence  of  an 
intclligenl.  nnnieroiis,  anil  wealthv  constituency. 

A  few  days  before  he  died  he  gave  expression  to  his  unshrinking 
faith  in  the  hopes  and  consolations  of  the  Christian  religion.  He 
retained  throughout  his  painful  illness  the  possession  of  his  mental 
faculties,  and  one  remark  which  he  made  is  worthy  of  record,  as  it 
aflbrds  at  once  matter  of  consolation  and  admonition.  He  said  that 
a  death-bed  was   not  the  place  to   prepare  lor   detfth,  and  that  lie 


April  4-1                           DEATH  OF  THE  HON.  JAMES  A     BLACK,  441 

had  not  deferred  till   tho   last  moment  the   solemn   considerations  tionate  recognition;  and  that  he  left  this  earthly  scene  with  a  firm 

connectoJ  with  his  spiritual  welfare.     He  professed  a  confident  ad-  hope  of  happiness  beyond  tho  prave,  Icavin"  behind  him  an  imsul- 

herenci  to  the  Christian  faith,  and  expressed  the  hope  that,  through  lied  name,  and  the  reputation  of  a  good  and^upricht  man. 

its  efficacy,  he  should  onjov  a  happy  existence  hereafter  !     A  few 

days  before  his  death  I  approached  his  bedside,  and  endeavored  to  ^^-  BUTLER  submitted  the  following  resolutions  : 

cheer  and  encourage  him.     •'  This  is  indeed  a  great  trial,"  he  said,  Wr.Wi-r./.  That  the  Semite  hrw  received  with  deep  sensihihty  th.  me..u,  r,am  the 

"  but  I  will    try  and     meet    it  as    becomes    a  Carolinian  !"      After-  H'vueof  Representatives  anuouiir-ing  the  death  of  the  Honorable  James  A    HucK 

terwards  he  said    '■  I  have  only  one  request  to  make  :  let  my  bones  ""iSr.rTha'rtotn'ir.^pec.'fcr  SZ'Z^ry  of  the  deee^ed  the  Senate     n 

rest. n  the  soil  of,,, y  native  land!"                            ,      ,    ,     ,            .  »"-^ '- f-»raU,  tlu-honr  ap^med  hy  .l,e  H^oJLf  Re.^^^^^^^^^^ 

1  his  JS  not  a  fitting  occasion    on  which  to  speak  of  the  domestic  "ear  the  usual  badge  of  monmins  lor  thirty  days, 

relations  of  my  departed  colleague.      Into  that   sacred  private  cir-  ,  ""»''■''''■  That  as  .-ifurlher  testimony  of  respect  for  th»  memory  of  the  deceased 

clein  which  the  virtues  of  ihe   husband  and   the   father  were  dis-  whoreupor          "' 

played,  it  is  not   for  us  to  enter.     It  is  consolatory  that  his  wife,  ' 

son,  and  brother  reached  his  dying  bed  in  time  to  receive  an  aflbc-  The  Senate  adjotirned. 

30th  Cono. — 1st  Session — No   56. 


442 


PETITIONS— PRIVATE  BILLS,  ETC. 


[Thursday, 


THURSDAY,  APRIL  6,  1848 


PETITIONS. 

Mr.  BENTON  presented  the  memorial  of  Warii  and  Smith, 
American  merehants  residing  at  San  Francisco,  Upper  Calil'ornia, 
asking  to  bu  allowed  interest  on  money  loaned  by  them  Tor  the  ii.s6 
of  the  government  ;  which  was  referred  to  the  Committee  on  Fi- 
nance. 

Mr.  CASS  presented  a  memorial  from  citizens  of  the  United 
States,  praymg  that  an  appropriation  may  he  made  for  the  pur- 
chase ot  Mount  Vernon  by  the  government  ;  which  was  rciCrred 
to  the  Committee  on  Military  Attairs. 

Mr.  BELL  presented  a  memorial  of  the  Western  Cherokee  In- 
dians, praying  the  settlement  of  their  claims  under  the  treaty  of 
August  1846  ;  which  was  referred  to  the  Committee  on  Indian 
Affairs. 

Mr.  JOHNSON,  of  Maryland,  presented  the  petition  of  Eliza 
Ann  Brewer  and  Mary  Brewer,  legal  representatives  of  William 
Rawlitigs,  deceased,  a  revolutionary  soldier,  praying  to  be  allowed 
his  bounty  land  ;  which  was  referred  to  the  Committee  on  Pen- 
sions. 

Also,  the  memorial  of  Henry  La  Reintree  asking  the  interposi- 
tion of  the  Senate  to  procure  him  the  appointment  of  a  Purser  in 
the  Navy  ;  which  was  referred  to  the  Committee  on  Naval  Af- 
fairs. 

PRIVATE   BILLS. 

Mr.  PEARCE,  from  the  Committee  on  the  Post  Office  and 
Post  Roads,  to  whom  was  referied  the  memorial  of  John  Lorimer 
Graham,  late  postmaster  at  the  City  of  New  York,  submitted  a 
report  accompanied  by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  FELCH,  from  the  Committee  on  Pensions,  to  whom  were 
referred  the  bills  from  the  House  of  Representatives  for  the  relief 
ol  the  heirs  of  William  Evans  ;  for  the  relief  of  Esther  Russell  ; 
for  the  relief  of  Jonathan  Fitzwater  ;  and  for  the  relief  of  Zilpha 
White,  reported  them  without  amendment. 

Mr.  ASHLEY,  from  the  Committee  on  Public  Lands,  to  whom 
■was  referred  the  petition  of  William  W.  Wynn,  submitted  a  re- 
port accompanied  by  a  bill  for  the  relief  of  William  Wynn. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  bo  printed. 

THE    FBANKING    PRIVILEGE. 

Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  to  whom  was  referred  the  bill  to  declare  the  true  intent 
and  meaning,  so  far  as  respects  the  franking  privilege  ot  members 
of  Congress,  of  the  act  of  1st  March,  '47,  and  entitled  "An  act  to 
amend  the  act  entitled  'An  act  to  reduce  the  rates  of  posiage,  to 
limit  the  use  and  correct  the  abuse  of  the  franking  privilege,  and  for 
the  prevention  of  frauds  in  the  Post  Office  Department,'  passed  3d 
March,  1845,  'and  for  other  purposes,'  "  reported  it  without  amend, 
ment. 

MILITARY  STOREKEERERS. 

Mr.  DIX,  from  the  Committee  on  Military  Affairs,  to  whom 
the  subject  was  referred,  reported  a  bill  to  increase  the  pay  of 
Military  Storekeepers  ;  which  was  read  and  passed  to  the  second 
reading. 

ADVERSE  REP0BT6. 

Mr.  UPHAM,  from  the  Committee  on  Revolutionary  Claims,  to 
■whom  was  referred  the  memorial  of  the  representative  of  William 
Russwurm,  submitted  an  adverse  report  ;  which  was  ordered  to  bo 
printed. 

Mr.  UNDERWOOD,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  memorial  of  the  administrator  of  Francis  R.  San- 
chey,  submitted  an  adverse  report;  whicli  was  ordered  to  he  printed. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President  :  The  Speaker  of  Ihe  House  of  Kp|iresenl:ilives  luiviii^  sieiietl  an  en- 
rolled bill  crantniK  a  pension  lo  I*atrii:k  Walker.  1  linve  l)een  directed  to  bring  it  to  the 
Senate  for  the  Bipiiatureof  their  President. 

SIGNING  OV  A  DILL. 

The  VICE  PRESIDENT  signed  the  enrolled  bill  granting  u 
pension  to  Patrick  Walker. 


MESSAGE    FROM   THE    PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary  ; 

Mr.  President  ;  The  President  of  lire  United  States  has  approved  and  signed  the 
bill  lo  provide  for  lire  compensation  of  Sainuel  Leech  for  services  in  the  investigation 
of  suspended  sales  in  the  Mineral  Point  District,  Wisconsin. 

CONGRATULATIONS  TO  THE  FRENCH. 

Mr.  HANNEGAN,  from  the  Committee  on  Foreign  Relations, 
to  whom  was  referred  the  message  of  the  President  of  the  United 
States  of  the  3d  instant,  reported  a  joint  resolution  tendering  the 
congratulations  of  the  United  States  to  the  people  of  Franco  ; 
which  was  read  and  passed  to  the  second  reading. 

MR.  Allen's  resolution. 

Mr.  ALLEN  moved  that  the  prior  orders  be  postponed  and  that 
the  Senate  resume  the  consideration  of  the  joint  resolution  tender- 
ing the  congratulations  of  the  American  to  the  French  people. 

Mr.  FOOTE. — A  reason  ■was  given  the  other  day  against  the 
adoplion  of  this  resolution,  but  ■whether  it  was  intended  to  be  a 
philological  reason,  or  a  critical   reason,  I    am  not   able    to   say. 

Mr.  HALE. — I  rise  to  a  question  of  order.  The  motion  is  to 
postpone  the  prior  order  for  the  purpose  of  taking  up  something 
else.  I  understood  from  the  Presiding  Officer  the  other  day  that 
sach  a  motion  v\'as  not  debatable. 

Mr.  FOOTE. — It  is  not  my  intention  to  make  any  extended 
remarks,  but  merely  to  respond  very  briefly  to  an  objection  which 
has  been  raised  to  the  phraseology  of  this  resolution,  and  to  show- 
that  it  is  precisely  the  phraseology  which  ought  to  be  used. 

Mr.  HANNEGAN.— If  the  Senator  will  allow  me,  I  will  re- 
mark that  I  believe  there  will  be  no  objection  to  proceeding  to  the 
consideration  of  all  these  resolutions  together,  and  then  the  ques- 
tion will  be  open  for  the  Senator's  remarks. 

Mr.  FOOTE.— I  only  desire  to  say  a  single  word. 
The  PRESIDING   OFFICER.— There  is  a  question  of  order 
now  before  the  chair. 

Mr.  FOOTE. — I  ask  the  decision  of  the  chair  upon  that  ques- 
tion. 

The  PRESIDING  OFFICER.— The  decision  of  the  chair  was 
entirely  different  from  that  ■«'hioh  the  Senator  from  New  Hamp- 
shire supposed.  It  is  entirely  in  order  to  debate  the  motion  to 
postpone  the  orders  of  the  day. 

Mr.  HALE. — I  so  understood  the  chair,  and  from  that  decision 
I  take  an  appeal. 

Mr.  MANGUM.— I  hope  the  Senator  will  withdraw  the  appeal. 
A  motion  to  take  up  from  the  table,  a  subject  which  has  been  laid 
there  by  a  vote  of  the  Senate  is  not  debatable,  but  a  motion  to 
postpone  the  orders  of  the  day  is  debatable. 

Mr.  HALE  withdrew  the  appeal. 

The  question  being  about  to  be  put  on  Mr.  Allen's  motion, 

Mr.  FOOTE  said  :  I  design  to  occupy  only  a  moment  of  the 
time  of  the  Senate,  for  I  do  not  suppose,  that  at  this  stage  of  the 
matter,  I  should  be  heard  in  extenso  with  any  degree  of  patience 
by  the  Senate.  The  Senator  from  Connecticut  the  other  day  ob- 
jected to  the  phraseology  of  the  resolution — ho  objected  to  the 
phrase  consolidation  of  liberty  in  a  written  constitution.  I  thought 
at  that  time,  and  think  still,  that  it  is  the  very  best  language  that 
could  be  adopted.  I  believe  that  the  resolution  was  carefuHy  prc- 
p.ired,  and  that  it  has  been  drawn  up  in  scholastic  stylo,  is  clear  in 
Its  phraseology,  and  expresses  precisely  what  it  should  express. 
I  considered  the  phraseology  to  be  simply  in  accordance  with  the 
French  idiom;  and  I  regarded  it,  therefore,  as  the  more  suitable 
compliment  to  the  French  government,  and  was  entirely  in  favor 
of  preserving  it  unaltered.  Since  that  time  I  have  obtained 
a  work,  which,  by  the  way,  I  commend  to  the  attention  of  Sena- 
tors; it  is  the  last  work  of  Laniartine,  who  is  known  to  all  of  us 
as  the  ablest  man  perhaps  of  the  age  in  which  he  lives,  the 
orator,  the  poet,  the  scholar,  and  the  statesman.  In  this 
work  I  find  a  passage  in  which  the  very  term  to  which  ex- 
ception has  been  taken  is  employed  ;  and  I  beg  to  read  one  or 
t\4'o  sentences  :  "La  nation  ayant  en  soi  rinalicnable  sonverainete 
tpii  repose  dans  la  raison,  dans  le  droit  et  dans  la  volonte  do 
chacun  des  citoycns  dont  la  collection  fait  le  people,  avail  certes 
la  fuculit^  de  modifier  la  forme  cxti5rieure  do  sa  souverainel^,  do 
nivcler  son  aristocratic,  do  dt;poss(;dor  son  ^gliso,  d'abaisscr  ou 
memo  de  supprimer  son  trftnc  pour  regner  elle-mi^'mo  par  ses  pro- 
prcs  magistraturcs.  Or,  du  moment  que  la  nation  avail  le  droit  de 


April  6.] 


CONGRATULATIONS  TO  THE  FRENCH. 


443 


combattre  et  de  s'affanchir,  elte  avail  le  droit  de  surveiller  et  de 
CONSOHDER  les  resultats  de  sa  victoire." 

Here,  sir,  we  find  that  this  very  word  "consolidate"  is  used  by 
Lamartine  in  the  same  connexion  as  that  in  wliieh  it  has  been  em- 
ployed by  the  Senator  from  Ohio.  I  trust,  then,  that  it  will  not 
now  be  considered,  that  there  is  the  slightest  impropriety  in  the 
use  fl'hich  has  been  made  of  this  word  in  the  resolution. 

One  more  word,  sir,  and  I  have  done.  I  believe  that  gentlemen 
have  taken  exception  to  the  language  of  the  resolution  without 
due  consideration.  We  have  heard  so  much  apprehension  ex- 
pressed about  centralizing  government,  that  they  imagined  there 
might  be  something  in  this  phraseology  which  favored  the  idea  of 
consolidaling  power  in  a  central  government.  But  il  gentl::men 
will  look  back,  and  examine  the  history  of  our  own  government, 
they  will  lind  that  the  word  was  first  used,  I  believe,  by  Wasliing- 
ton  himself,  in  a  sense  somewhat  different  to  be  sure,  when  he 
spoke  of  "'a  consolidation  of  the  Union."  It  is  a  Washing- 
tonian  phrase.  I  say,  with  all  deference,  I  am  chiefly  regard- 
ful of  what  has  occurred  in  France,  chiefly  disposed  to  ap- 
prove of  wliat  has  taken  place,  because  I  see  that  instead  of  per- 
mitting the  liberties  of  the  people  to  float  upon  the  waves  of  popu- 
lar feeling,  they  are  for  imitating  our  example,  and  consolidating 
them,  in  the  languaije  of  the  resolution,  in  a  written  form  of  govern- 
ment. 

Mr.  MANGUM. — I  was  about  to  remark,  when  I  begged  the 
Senator  from  New  Hampshire  to  withdraw  his  appeal,  in  order  to 
make  myself  clearly  understood,  that  although  there  may  be  de- 
bate upon  a  motion  to  postpone  prior  orders,  and  take  up  a  partic- 
ular subject  yet  that  such  a  motion  did  not  admit  of  debating  the 
principles  contained  either  in  the  measure  proposed  when  taken 
up,  or  in  those  that  ought  to  be  postponed  ibr  that  purpose.  Eve- 
rything on  your  calender  iias  to  be  taken  up  in  its  course,  and 
nothing  lies  upon  the  table  except  by  a  vote  of  the  Senate,  and 
when  a  subject  is  placed  upon  the  table  by  such  vote,  the  motion 
to  take  it  up  is  not  debatable. 

The  yeas  and  nays  on  the  motion  having  been  demanded  were 
ordered. 

Mr.  CRITTENDEN.— I  do  not  know  what  use  there  is  for 
taking  the  yeas  and  nays.  I  know  of  no  opposition  to  the  motion. 
I  have  been  prevailed  on.  in  consideration  of  the  great  desire  of 
gentlemen,  and  for  their  accommodation,  to  permit  that  which  is 
I  he  special  order  to  be  passed  by,  that  the  resolution  of  the  Sena- 
tor from  Ohio  may  be  taken  up  and  disposed  of. 

Mr.  ALLEN. — If  there  is  to  be  no  contest  about  it,  I  do  not 
care  about  having  the  yeas  and  nays.  I  will  therefore  withdraw 
the  call. 

The  question  being  then  put,  upon  the  motion  to  postpone  the 
prior  orders  and  proceed  to  the  consideration  of  the  resolution,  it 
was  agreed  to. 

Mr.  ALLEN. — I  shall  not  trouble  the  Senate  with  any  ex- 
tended remarks  upon  this  resolution 

Mr  HANNEGAN. — Will  the  honorable  Senator  allovi-  me  a 
moment?  I  included  in  my  motion — when  I  renewed  the  motion 
of  the  Senator  to  take  up  this  resolution — the  additional  proposi- 
tion to  consider  at  the  same  lime  the  resolutions  reported  by  the 
Committee  on  Foreign  Relations. 

Mr.  MANGUM. — The  motion  then  is  to  substitute  the  resolu- 
tions reported  from  the  Committee  lor  the  resolution  of  the  Sena- 
tor from  Ohio. 

Mr.  ALLEN. — There  is  no  motion  of  that  sort  yet. 

Mr.  MANGUM. — I  make  that  motion,  then;  to  strike  out  all  the 
original  resolution,  together  with  the  amendment,  and  substitute 
those  reported  from  the  committee. 

Mr,  ALLEN. — That  is  a  double  motion.  It  is  capable  of  a  di- 
vision, and  I  shall  ask  a  division  of  it.  So  far  as  it  supersedes  the 
amendment  proposed  by  the  Senator  from  New  Hampshire  it  is  one 
thing,  and  so  far  as  it  supersedes  the  body  of  the  resolution  it  is 
another.  I  shall  ask  for  a  division  of  the  question.  On  this  question 
I  barely  wish  to  remark  that  in  the  brevity  and  simplicity  of  the  reso- 
lution which  I  oH"ered,  I  was  governed  by  a  desire  to  do  what  I  sup- 
posed would  become  one  nation  speaking  to  another, to  employ  brief, 
emphatic,  general,  and  unequivocal  language,  to  avoid  all  detail, 
and  to  make  the  resolution  expressive  of  a  general  feeling  in  favor 
of  a  general  principle.  In  drawing  up  the  resolution  I  sought  to 
find  language  to  accomplish  that  object.  I  sought  to  find  lan- 
guage wliich  I  believed  to  be  the  most  proper,  most  dignified,  and 
most  respectful — when  one  nation  was  speaking  to  another  nation — 
without  going  into  detail  or  giving  any  reason  for  what  we  did,  ex- 
cept the  great  reason  of  popular  liberty.  I  knew,  sir,  that  any 
attempt  to  go  into  detail  would  involve  the  discussion  of  all  the 
parts  and  principles  of  the  French  constitution.  One  Senator 
wants  to  commend  the  French  for  having  taken  action  with  regard 
to  its  Colonial  dependencies.  Another  Senator  might  wish  to  com- 
mend the  French  for  having  expressed,  in  the  form  of  a  decree  of 
their  government,  their  will  with  regard  to  foreign  powers.  An- 
other Senator  might  desire  to  compliment  them  more  particularly 
for  some  decree  relative  to  the  internal  regulations  of  France  it- 
self: and  so  on,  as  each  one  of  the  various  acts  or  decrees  of  the 
temporary  government  of  France  happen  to  strike  the  mind  of  each 


Senator.  Each  Senator  would  like  to  express  himself  when  you 
enter  into  the  business  of  detail;  and  thus  we  would  have'  to 
make  a  resolution  to  comprehend  every  act  of  the  French  go- 
vernment in  detail  in  order  to  gratify  the  peculiar  predilec- 
tions of  every  Senator.  In  order  to  avoid  all  these  things,  and 
in  order  to  give  to  this  resolution  the  brevity  which  struck 
me  as  most  compatible  with  the  true  dignity  of  one  nation 
speaking  as  a  nation  to  another  nation;  for  that  reason  I 
say,  I  submitted  the  resolution  in  a  .single  sentence.  Every 
one  will  perceive,  in  attempting  to  go  into  detail,  the  un- 
bounded and  unnumbered  dilfioultics  that  would  instantly  present 
themselves.  To  go  into  detail,  we  give  a  reason  by  the  very  de- 
tail for  what  we  do,  and  to  give  a  reason  for  each  particular  idea 
proposed,  is  to  make  us  become  rather  advisers  than  congratulators 
of  the  French  people.  I  thought  it  more  respectful  to  the  French 
people  and  government  that  we  should  make  a  general  tender  of 
the  congratulations  of  the  American  people  to  the  French  people 
for  what  they  have  done  in  its  great  aggregate,  using  no  words 
except  one  general  phrase,  to  express  the  general  love  of  liberty 
entertained  in  this  country,  and  the  general  hope  of  the  American 
people  that  it  may  be  consolidated  in  France.  The  only  possib.lity 
then,  of  getting  a  resolulion,  it  seems  to  me,  which  would  accom- 
plish the  great  object  which  all  seem  to  have  in  view,  that  of  ex- 
pressing fully  and  entirely  the  unanimous  feeling  of  the  Senate — 
the  only  possibility  of  getting  such  a  resolution,  is  to  take  one  that 
employs  general  language  and  avoid  every  expression  of  this 
vast  and  complicated  subject  in  the  various  deiails.  1  shall  there- 
fore, myself,  preferring  the  resolution  which  I  submitted  for  its  di- 
rectness, its  plainness,  and  its  brevity — vote  against  the  passage 
of  this  amendment. 

Mr.  NILES. — The  objection  which  has  been  urged  to  the  reso- 
lution of  the  Senator  from  Ohio,  and  which  was  commented  on  by 
the  Senator  from  Mississippi,  is  a  matter  of  mere  verbal  criticism, 
think  that  the  resolution  is  objectionable  in  substance.  It  assumes 
a  state  of  things  which  does  not  exist  It  goes  altogether  beyond 
any  information  which  we  have  on  the  subject  of  the^ present  posi- 
tion of  France.  It  proposes  to  tender  in  the  name  of  the  people  of 
this  country,  congratulations  to  the  people  of  France. — For  what? 
Why,  for  the  success  of  their  efforts  in  consolidating  liberty.  Well, 
this  phrase  consolidation  of  liberty,  must  mean  something.  I  sup- 
pose it  must  mean  for  the  success  of  their  eftorts  in  providing  safe 
guarantees  of  liberty,  without  which,  liberty  cannot  be  preserved, 
it  must  mean  this,  or  something  to  this  effect.  Now  what  infor- 
mation have  we  on  the  subject  ?  Why  instead  of  having  provided 
these  guarantees,  they  have  done  nothing  towards  the  organization 
of  a  government  in  any  form.  We  have  information  that  an  exist- 
ing government  has  been  overthrown,  and  a  temporary  or  provis- 
ional a  self-constituted  government,  set  up  in  its  place.  What 
have  been  the  circumstances  under  which  this  provisional  govern- 
ment came  into  exist -nee  ?  It  had  no  legal  sanction  except  the 
luce  of  circumstances.  The  only  sanction  that  government  had, 
is  the  supposed  acquiescence  of  the  people  of  France.  I  will  ad- 
mit, although  the  officers  of  the  provisional  government  seemed  to 
have  been  constituted  by  a  mere  handful  of  men,  who  happened  to 
be  present  in  the  Chamber,  yet  I  will  admit,  that  the  nation  so  far 
as  we  can  judge,  seemed  to  have  acquiesced  and  given  a  sanction 
to  this  governmei.t,  but  m  what  light  is  it  to  be  regarded  ?  It  is 
a  mere  temporary  government  springing  out  of  the  exigency  of 
circumstances,  and  this  resolution  therefore,  goes  altogether  be- 
yond the  real  stale  of  things,  and  undertakes  to  express  the  appro- 
bation of  this  nation,  for  the  success  of  the  French,  in  establishing 
a  Iree  go\e™ment,  a  thing  which  we  know  they  have  not  as  yet 
done.  We  all  hope  that  such  a  result  will  follow,  but  can  we  now 
speakini^o  this  people,  tender  our  congratulations  for  their  suc- 
cess, when  nothing  has  been  done  ?  I  think  the  resolution  goes  al- 
together too  far.  I  think  the  resolution  is  essentially  delective  in 
substance,  to  say  nothing  of  the  language,  because  it  goes  greatly 
beyond  the  facts. 

Mr.  DICKINSON. — I  am  not  only  desirous  to  congratulate 
France  upon  recent  interesting  events  as  proposed  by  the  resolutions 
of  the  Sena. or  from  Ohio,  [Mr.  Allen,]  but  also  to  congratulate 
the  Senate  and  the  country  upon  the  healthy  progress  of  opinion 
here  within  the  last  few  days.  No  longer  since  than  Monday  last, 
there  was  an  elTurt  to  take  up  the  resolutions,  which  was  resisted 
and  defeated  upon  the  ground,  amongst  others,  that  they  were 
premature  ;  bui  now,  without  any  change  of  circumstances  what- 
ever, they  have  been  taken  up  by  common  consent,  and  notwith- 
standing the  opposition  indicated  heretofore  by  several  Senators, 
and  this  morning  by  the  Senator  from  Connecticut,  [Mr.  Niles,] 
I  antieip.ite  their  passage  by  very  great,  if  not  entire  unanimity. 
When  asked  what  France  has  yet  done  to  justify  the  congratula- 
tions of  this  government,  I  answer  that  she  has  solved  a  great  and 
interesting  problem  in  human  government,  America  demonstra- 
ted to  the  world  that  man  was  capable  of  self-government,  but 
France  has  established  another  great  fact,  scarcely  less  important 
to  the  oppressed  people  of  Europe,  that  the  force  of  opinion  is 
mightier  than  armed  men,  and  that  monarchy  can  be  overthrown 
anil  deprived  of  its  ill-gotten  power  by  social  convulsion.  What, 
we  are  asked,  has  France  done  ?  Peaceably  and  unarmed,  by  the 
omnipotence  of  opinion,  her  people  have  broken  down  one  ot  the 
most  powerful  monarchies  of  modern  times  with  all  its  concomi- 
tant enormities  and  abuses,  and  have  removed  every  obstacle  be- 
tween thirty-five  millions  of  kuig  oppressed  people  and  liberty.  If 
this  is  not  an  achievement  worthy  of  congratulation,  I  cannot  im,> 
agine  what  ■would  be. 


444 


CONGRATULATIONS  TO  THE  FRENCH. 


[Thursday, 


The  late  "citizen  king"  attained  his  position  by   professions  ol 
creat  regard  for  the  rights  and  interests  of  the  people  of  France, 
and  althou!ih  for  a  time  he  did  not  openly  throw  oil'  all  pretence  ol 
regard  for  popular  rights,  the  last  ten  years  of  his   despotic  reign 
have  been  characterized  by  avarice,  tyranny  and    usurpation,  and 
every  act  that  can   disgrace  even  a   monarch.     In    the    pursuit  of 
his  schemes  of  ambition  and  aggrandizement,  he    liad  practieally 
limited  the  riffht  of  suH'rage  to  about  two  hundred  thousand  of  his 
thirty-live  millions  of  people — those  eleglble  to  the  popular  branch 
of  the    national  legislature,  were  few    in    number,  and   nearly  one 
half  of  the  late  Chamber  of  Deputies,  the  nominal  representatives 
of  the  people,  were    olKce  holders   under,    and  in    the   pay  of  the 
executive   government.     The   public    debt,    and    the   burdens   of 
taxation  had  been  doubled  In  a  time  of  profound  peace,  excepting 
the     Algeria    war,    which    was     kept    on    foot    as    the   out-let 
for  the   turbulent  and  dlsatfected.  and  doubled   too,  in  raising  and 
equipping  a-mies,  and  erecting  fortilications,  to  overawe  the  peo- 
ple of  France,  and  force  them  Into  subjection.     The  liberty  of  the 
press  and  of  speech  have  been  abridged  from  time  to  time,  to  suit 
the  Royal  wishes,  until   in  attempting  to  prescribe  the  number  of 
citizens  who  might  meet  at  a  public  dinner,  and  frankly  discuss  the 
measures  of  government,  he  was  deposed  and  driven  from  his  pala- 
ces and  wardens,  driven  too,  like  our  common  progenitor  for  his  sins, 
forever,  and  like  him,  his  rclurn  guarded  by  the  sword  of  liberty. 
The  history  of  his  downfall,  lllght,  and  humiliation,  is  fu,l  of  interest 
and  Instruction.     The  ablest,  proudest   sovereign — the   wealthiest 
individual  upon  earth,  seated  upon  the  throne  of  one  of  the  most  pow- 
erful monarchies  in  Christendom,  sustained  by  an  able  ministry,  and 
backed  by  a  standing  army  of  four  hundred  thousand  men,  complete- 
ly armed  and  equipped,  with  frowning  fortresses  commanding  every 
part  of  the   city  of  Paris,  Is  overthrown  and  flies  from  a  betrayed 
and  outraged  people,  literally  wlien  none  pursues  him,  in  fullilment 
of  the  proverb.     His  throne  Is   bnrned  to    ashes,  and  scattered  to 
the  four   winds  of  heaven,  and  ho  a  homeless,  houseless  fugitive, 
from   town  to  town,  frjin    house    to   house — cold,  pennyless,   and 
starving — half  clad  In  borrowed  garments.  In  a  miserable  fishing 
boat,  seeks  refuge   In  the  land  of  the  great  rival,  and   hereditary 
hater  of  his  race   and   nation  !     Sad,  but  becoming  termination  of 
a  career   black    with    treachery,   perfidy   and   ingratitude !     The 
image  of  his    predecessor    Charles   the   X.  seemed   to  haunt   his 
imagination,  and  in  his  flight  he  is  said  to  have  ever  and  anon  ex- 
claimed— "  like  Charles   the  X."     But  he  had   not  the  apology  of 
that  weak  and  imbecile  monarch,  the  tool  of  a  designing  ministry, 
to  plead  in  extenuation  of  his  tyrannous  reign,  for  the  citizen  king 
was  a  sensible  and  practical  man,  who  gave  himself,  tone  and  com- 
plexion to  his  adminUlraiion.  and  was  capable  of  estimating  truly 
the  consequences  which  must  flow  from  it.     But  he  was  blinded  by 
selfishness  and  passion,  and  hastened  with  his  own  hand,  the  ruin 
of  bis  household.     Like  the  insane,  when  reason  dickers  up  for  a 
]*«ment  with  the  last  pulsations  of  life,  this   mad   monareli  as  he 
was  about  to  leave  his  native  land  forever,  w.is  blessed  with  a  ray 
of  returning  sense,  and   in  words   of  truthful,  interesting  import, 
said  to  a'friend — "join   the  Republic   frankly  and  sincerely,  for   I 
carry  with   me  the  French  monarchy,  and  I  shall  descend  with  it 
to  the  tomb.     I  have  been  the  last  King  of  France." 

Thus  have  the  people  of  France  thrown  off  a  powerful,  corrupt 
and  tyrannous  reign,  and   trodden   down    every    barrier   between 
themselves  and  civil  liberty.     Thus  have  they  driven  into  exile  the 
instruments  who  have  enslaved  and  oppressed  them.     Thus  much 
have  they  already  achieved  for  the  cause  of  oppressed   humanitv. 
The  future  is  full  of  hope,  and    none    can   doubt   of  the   ultimate 
success  of  this  brave  aTid  chivalrous  people.     But  if  we  knew  they 
would  again  bo  reduced  to  the  vassalage  under  which  they   have 
so  long  struggled,  and  that  Louis  Phillipe  himself  would  be  again 
placed  upon  the  throne,  and   they  be   subjected   to  hi"arbltrary 
sway,  they  would  be  none  the  less  entitled  to  our  congratulations 
for  the  great  and  good  work  they  liave  already   accomplished — for 
the  mighty  advance  they  have  made  in  proelaiming  to   the  world 
freedom  of  opinion  and  the  rights  of  man.     They  have  spoken   in 
a  voice  and  language  that  has  already  been  heard  throughout  Eu- 
rope— Inculcating  the  doctrines  of  liberty  and   equality — that   has 
brought  the  oppressed  and  plundered   masses   to   their   feet,  with 
joyous  expectation,  and  has  caused  corrupt  and  stultified  monarchy 
to  feel  its  thrones  rocking   and   the   earth  trembling  beneath  it. — 
They  have  caused  industry  to  hope  that  it  may  yet  partake  of  the 
bread  it  has  earned;  and  labor,  that  while  it   should  toll  for    those 
whom  Providence  has  taught  to  look  to  it  for  sustenance,  no  laws, 
human  or  divine,  can  juslly  require  It  to  support   an    indolent   and 
beggarly  aristocracy,  and  armed  hirelings  to  enforce  obedience. — 
Ireland  has  already  caught  up  the  sound,  and  is   looking  forward 
with  renewed  hope  to  her  hour  of  emancipation.     Austria  is  ring- 
ing with  shouts  of  liberty  from  Hungary  and  the  Bohemian  hills — 
throughout  Italy,  Germany,  and  oven  In  England  herself,  under  pre- 
tence of  giving,  terrified  and   dismayed  monarchy  is  restoring   to 
man  rights  which  were  wrested  from  hini  during  physical  aces. — 
If  there  are  no  precedents  for  .■iueh  congratulations,  we  can  easily 
make  one;  and  we  should  by  all  means  do  so,  for  the  signs  of  the 
times  clearly  Indicate  that  at  no  distant  diiy,  if  not  during  the  pre- 
sent session,  our  congratulations  may  be  extended   to  other  lands 
than  France,  upon  a  like  occasion.     Let  us  then  congratulate  this 
great  nation  upon  an  event  so  auspicious  in  her  history,  and  leave 
future  events  to  the  future.     If  It  is  said   the  French  people  are 
too  impetuous  for  a  republic,  it  may  be  answered  they  are  too  im- 
petuous for  monarchy     They  have  tried  every  laher  form  of  gov- 
ernment unsuccessfully,  and  now,  in  erecting    a   republic,  if  they 
hut  copy  our  federative  system — the  great  secret  of  our  strength 


the  expectations  of  the  most  sanguine  must  be  realized.   France 

in  1798  and  1848  are  as  unlike  as  two  different  nations.  In  '98, 
too,  our  government  was  an  experiment;  the  little  cloud  which 
promised  to  refresh  and  fertilize  the  earth  was  then  no  bigger 
than  a  man's  hand;  now  Its  highest  hopes  and  anticipations  have 
been  realized,  and  its  blessinij-s^have  been  co-extensive  with  civili- 
zation. France,  in  an  especial  manner,  has  profited  by  the  les.^on3 
of  wi-sdom  we  have  taught  her,  and  is  prepared  to  follow  our  ex- 
ample. She  has  been  thus  far  eminently  successful,  and  I  would 
extend  her  congratulations  eordlallv  and  unanimously,  at  the 
earliest  moment,  and  in  the  most  pointed  and  significant  phrase. 

Mr.  HALE.— I  rise  to  make  a  few  remarks  in  reference  to  a 
su-'festion  which  seems  to  meet  general  favor,  that  the  French 
people  have  not  yet  done  enouah  to  merit  our  congratulations; 
and  that  we  must  wait  with  a  cold,  calculating,  mathematical 
philosophy,  till  we  see  every  thing  settled  and  perfected— till  we 
have  seen  that  the  seeds  of  liberty  have  germmated,  spread  out 
their  branches,  blossomed,  and  borne  fruit  belore  we  can  thank  God 
and  congratulate  the  people  of  France  for  any  thing  that  has  been 
done.  These,  sir.  are  not  my  sentiments.  This  policy  is  not  in 
accordance  with  ray  convictions  or  feelings.  Nor  would  .this 
conduct  be  in  accordance  with  the  motives  which  generally 
n-overn  human  action.  When  parental  love  first  looks  upon  the 
voun.'  infant,  does  it  refrain  from  thanking  God  tdl  the  child  has 
iri-owTi  to  manhood  ?  Does  the  mother's  heart  refuse  its  thanks- 
clvin<Ts  for  her  ofi'^prlng  till  the  Infant  has  become  a  man?  ^o. 
Thoiurh  but  the  hour  after  its  birth  It  should  be  consigned  to  the 
grave  vet  would  parental  fondness  thank  God  for  the  bright  vision 
that  had  dawned  upon  it,  onlv  to  bless  it  but  for  a  moment  Ami 
if  the  fires  of  liberty  which  the  French  people  have  lighted  up 
were  this  moment  to  go  out  in  darkness— if  the  next  steamer  that 
comes  across  the  Atlantic  should  carry  the  tidings  that  the  beacon 
li<rhts  which  had  been  lighted  on  the  oontment  ot  Europe  had  been 
extinguished  forever,  yet  would  I  thank  God  from  the  bottom  ol 
my  heart,  and  congratulate  the  people  of  France  that  they  had 
made  that  eflbrt  to  be  free  !  Whether  successlul  or  unsuccessful— 
whether  crowned  with  triumph  or  not,  I  rejoice  in  the  present  el- 
forts  of  the  French  people,  and  hail  the  spirit  that  has  given  them 

But  if  the  French  people  had  done  nothing  more  than  has  been 
stated' by  the  Senator  from  New  York,  I  confess  that  they  would 
have  had  no  congratulations  from  me.  When  I  saw  the  Senator 
from  New  York,  representing  such  a  constituency  as  that  which 
sent  him  here,  rise  to  tell  us  what  the  people  of  France  had  done, 
I  thought  we  should  hear  something  worthy  of  the  congratulations 
of  IVeeraen.  But  what  Is  the  great  feat  which  he  represents  them 
as  havino  accomplished  ?  Why,  that  they  had  dethroned  their 
KInrr  antl  driven  bim  a  houseless  wanderer  in  borrowed  vestments, 
to  the  shores  of  his  hereditary  foemen  !  Sir,  is  not  history  full  ol 
examples  of  a  people  goaded  by  oppression,  driven  by  desperation, 
makino-  cner<^etic  eflbrts  to  throw  off  the  yoke  of  their  oppressor, 
only  that  they  might  become  the  more  willing  victims  ol  another 
despot '  I^  there  any  cause  for  congratulating  France  in  that 
alone  »  Not  at  all.  If  the  expulsion  of  a  King  is  all  that  they 
have  accomplished,  they  shall  have  no  congratulations  of  mine. 
They  did  that  much  before.  They  expelled  Charles  the  Tenth, 
and  put  Louis  PhiUlppe  in  his  room.  If  they  stopped  here,  it 
would  ill  become  'he  American  peopletoofler  their  congratulations. 
Have  the  people  of  France  done  nothing  more  '.  Have  they  merely 
vtiipned  the  king  of  his  royal  robes  and  clothed  him  m  borrowed  gar- 
ments '  Oh!  no.  They  have  done  something  more  than  that.  They 
have  proclaimed  great  principles  which  lie  at  the  foundation  of  all 
human  freedom,  and  by  the  enersv  and  promptitude  of  their  action 
they  have  "Iven  assuran?e  to  the  world  that  they  are  sincere  in 
their  purposes  and  in  the  declarations  which  they  have  put  forth. 
They  have  declared  the  great  principle  of  universal  suffrage.  The 
aristocracy  of  two  hundred  and  forty  thousand,  which  ruled  the  des- 
tinies of  France,  have  been  stripped  of  their  monopoly  ol  autho- 
rity and  every  man  is  now  a  voter  and  a  citizen.  The  chamber  ol 
nobles  is  struck  out  of  existence.  All  titles  aie  abolished.  More 
than  that  they  have  not  stopped  to  measure  their  ideas  ot  person- 
al social,  civil  and  religious  liberty  by  the  hues  of  a  man's  com- 
plexion '  In  the  lanau^gc  inscribed  upon  the  bell  which  stands  m 
the  tower  of  the  building  where  the  foundations  of  American  liDOr- 
ty  were  laid,  they  have  proclaimed  "  liberty  throughout  all  the 
land  and  to  all  the  inhabitants  thereof."  Compared  to  that  achieve- 
ment the  expulsion  of  an  hundred  kings  is  but  as  the  small  dust  al 
the  balance.  Who  cares  whether  Louis  Phillippe  landed  unon  the 
shores  of  England  clothed  In  his  regal  vestments  or  with  the  bor- 
rowed habiliments  of  a  fisherman  ?  What  matters  it  to  humanity 
—to  liberty- to  human  progress  that  such  are  the  fortunes  ol  the 

fallen  King  ?  „...,,, 

In  the  history  of  nations,  as  of  individuals,  there  are  crises.— 
There  is  u  moral  Rubicon,  as  well  as  a  physical  one,  lo  which  we 
may  advance,  and  there  hesitate,  and  deliberate,  then  either  cross- 
inn-'  boldly  or  receding  in  dismay.  The  people  of  France  have 
come  to  that  perilous  and  Interesting  crisis;  and  if  my  voice  could 
be  heard  by  the  French  i)eople,  I  would  mingle  with  my  congra- 
tulations a  note  of  warning.  I  would  tell  them  that  if  they  would 
be  true  to  themselves— to  the  hopes  of  the  world— to  the  destiny 
of  the  untold  millions  that  are  to  follow  in  their  footsteps  in  suo- 
ceeding  ages,  I  would  say  to  them,  see  to  it  that  you  seal  your 
fidelity'  wilh  your  blood  before  you  compromise  witl^.  the  spirit 
of  liberty  !  Let  them  make  no  compromise  ;  but  let  them  make 
clear  work  of  it,  and  vindicate  not  only  their  fidelity,  but  their  con- 
sistency, carrying  cut  in  its  true  meaning,  its  full  force  and  in  its 


April  6.] 


CONGRATULATIONS  TO  THE  FRENCH. 


445 


energetic  life,  the  great  principles  of  the  doetrines  which  they  have 
declared.  I  have  sometimes  thought,  in  dwelling  upon  the  his- 
tory of  this  republic  ;  and  it  has  been  the  common  talk  of  the 
■world  that  m  this  land  was  the  last  hope  of  freedom— that  when 
the  eye  of  science  had  revealed  in  the  solitude  of  the  ocean,  the 
continent  to  which  the  Pilgrims  of  New  England  repaired,  that 
they  might  here,  removed  from  the  temptations,  oppressions  and 
luxuries  of  the  old  world,  erect  the  sacred  temple  of  liberty,  if  the 
effort  failed  here,  it  failed  forever; — -that  I  had  seen  indications  fear- 
ful and  fatal,  that  we  were  departing  from  the  faith  of  our  fathers, 
that  instead  of  being  true  to  the  first  principles  of  human  liberty 
which  we  have  proclaimed,  that  we  were  cutting  loose  from  them, 
and  entering  upon  the  adventurous  experiment  of  a  foreign-and  ag- 
gressive war,  not  for  the  purpose  of  promoting  liberty,  but  of  ex- 
tending and  perpetuating  the  institution  of  human  slavery.  As  I 
contemplated  these  things  the  conviction  seemed  to  force  itself 
upon  me  that  the  indications  of  our  success  were  faint  and  feeble  ; 
that  the  illustration  which  we  were  about  to  give  of  the  capability 
of  man  for  self  government,  was  to  be  the  same  as  that  of  other  na- 
tions which  had  gone  before  us  ;  and  that  after  our  failure  the 
hopes  of  freedom  would  indeed  be  extinguished  forei'er.  But  in 
the  dawning  of  this  revolution  in  France,  I  behold  the  sun  of  hope 
again  arise,  his  beams  of  golden  light  streaming  along  the  eastern 
horizon.  I  am  now  in.spiied  by  the  hope  that  even  if  we  fail  here — 
that  even  if  liberty  should  be  driven  Irom  this  her  chosen  asylum, 
the  divine  principle  would  siiU  live  and  would  find  a  sanctuary 
among  the  people  of  another  land — ihat  when  our  history  should 
have  been  written,  and  our  tale  told, with  its  sad  moral  of  our  faith- 
lessness to  liberty,  boasting  of  our  love  of  freedom  while  we  listened 
unmoved  to  the  clanking  of  chains  and  the  wail  of  the  bondmen — 
even,  then,  in  a  continent  of  the  old  world  light  would  be  seen 
arising  out  of  darkness,  life  out  of  death,  and  hope  out  of  despair  ! 
I  trust  that  whether  these  sentiments  arc  to  be  embodied  in  the 
resolution  or  not,  that  it  will  be  acknowledged  that  enough  has 
been  done  and  more  than  enough  to  call  forth  the  earnest  sin- 
cere, heartfelt  congratulations  of  every  American. 

Mr.  BUTLER  then  rose  and  was  recognized  by  the  chair,  but 
yielded  to 

Mr.  HANNEGAN,  who  said  :  Inasmuch  as  I  am  placed  in  a 
peculiar  relation  to  the  question  now  before  the  body,  I  shall  ac- 
cept the  floor  from  the  genileinan  who  has  so  courteously  yielded 
it,  promising  to  return  it  to  him  with  Jew's  interest  hereafter, 
whenever  the  opportunity  may  fortunately  occur.  I  will  not  de- 
tain the  Senate  by  entering  into  any  details  of  the  events  which 
we  have  all  read  in  the  newspapers  with  regard  to  the  events 
that  have  recently  transpirf  d  in  France.  It  is  enough  to  refer  the 
Senator  from  Connecticut  to  those  details  as  furnishing  an  answer 
to  the  objection  that  nothing  has  been  done  to  warrant  congratu- 
lations from  America  to  France. 

Mr.  NILES — The  Senator  entirely  misunderstood  me.  I. said 
that  the  resolution  of  the  Senator  from  Ohio  went  beyond  any 
thing  that  had  been  done. 

Mr.  HANNEGAN. — I  am  happy  to  hear  the  explanation  of  the 
Senator,  although  I  still  differ  with  him  in  his  construction  of  the 
resolution.  The  Senator  from  New  Hampshire  expressed  the 
hope  that  the  French  people  might  be  enabled  to  persevere  even 
unto  the  shedding  of  blood.  To  that  I  respond,  if  it  be  necessa- 
ry !  But  I  fervently  trust  in  God,  that  not  one  drop  of  human 
blood  may  flow  in  this  great  revolution. 

Mr.  HALE. — I  said  that  I  desired  the  French  people  might  be 
faithful  unto  death. 

Mr.  HANNEGAN. — That  of  course  implies  the  shedding  of 
blood.  But  I  trust  no  neck  will  be  brought  to  the  block — that  no 
human  misery,  but  that  unmingled  human  happiness  may  flow  from 
this  great  movement. 

And  now,  sir,  it  is  due  to  the  Senator  from  Ohio  and  myself  that 
I  should  make  a  brief  explanation.  AVhen  the  message  of  the 
President  was  communicated  to  us  on  Monday  last,  it  was,  on  my 
motion,  referred  to  the  Committee  on  Foreign  Relations,  and  I 
then  stated  to  the  Senate  that  it  was  not  my  intention  to  interfere 
with  his  resolution.  I  will  carry  out  my  purpose  in  that  respect  ; 
for  although  as  the  organ  of  the  Committee,  I  reported  the  reso- 
lutions which  have  been  read  this  morning,  and  although  I  prefer 
them  as  they  go  farther  in  expressing  my  views,  yet  I  will  never 
place  myself  in  a  posiiion  in  which  I  can,  for  an  instant,  be  sus. 
pected  of  public  or  private  treachery.  I  suggested  to  the  Senator 
from  Ohio,  in  the  morning  on  which  he  introduced  his  resolution, 
that  he  had  bitter  do  it  at  once.  I  then  committed  myself  to  his 
resolution,  and  I  shall  carry  out  the  committal  bv  any  vote  which 
I  may  be  called  on  to  give.  The  resolutions  of  the  Committee  on 
Foreign  Relations,  indeed,  express  the  same  sentiments  and  feel- 
ings as  the  resolution  of  the  Senator  from  Ohio,  and  entirely  ac- 
cord with  resolutions  which  have  been  prepared  by  other  Senators, 
amongst  them  my  friend  from  New  York,  [Mr.  Dix]  They  all 
embody  public  sentiment  and  no  more.  All  convey  nothing 
more  than  what  fell  from  the  lips,  and  came  fresh  and  warm 
from  the  hearts  of  every  day-laborer  around  your  capitol  grounds, 
as  he  exchanged  congratulations,  and  shook  hands  with  his  as- 
sociate, on  the  intelligence  of  these  glorious  events.  My  friend 
from  Ohio,  however,  with  characterislio  boldness — leading,  as 
he  always  leads  worthily,  when  the  great  principles  of  human 
liberty  are  at  stake — came  forward  the  moment  that  the  ti- 
dings reached  us  and  gave  notice  of  his  intention  to  introduce  suclj 


a  resolution.  As  the  originator  then  of  this  procedure,  to  him  be- 
longs the  credit,  let  the  details  be  what  they  may  of  the  action  of 
which  the  Senate  may  adopt.  And  here  I  mav.  without  improprie- 
ty, remark  that,  to  the  Senator  from  North  Carolina,  [Mr.  Man- 
gum,]  is  chiefly  duo  the  credit  of  the  resolutions  reported  from  the 
committee.  His  valuable  suggestions  in  the  committee  room,  re. 
duced  my  share  of  their  preparation  to  little  more  than  that  of 
drafting  them.  But  this  is  of  little  consequence  either  to  him  or 
to  myself.  Neither  of  us  seek  the  "bubble  reputation"  which  is  to 
be  gained  at  the  point  of  a  resolution.  He,  I  know,  is  above  it. 
and  I  trust  I  am. 

The  Senator  from  Connecticut,  [Mr.  Ealdwik.]  remarked  the 
other  day  that  there  were  no  precedents  for  this  procedure.  I 
think  that  if  he  will  look  back  to  the  period  of  the  first  revolution 
in  France  he  will  there  discover  a  precedent  in  the  conduct  of 
Washington  himself.  When  Louis  the  XVI,  communicated  to 
General  Washington,  then  President  of  the  United  States,  the 
fact  that  he  had  signed  the  constitution  dictated  to  him  by  the 
National  Assembly,  and  that  he  had  given  to  the  French  people  an 
extension  of  the  elective  franchise  and  other  privileges  before  un- 
known, Wiishington,  in  a  brief  message,  announced  the  intelli- 
gence to  Congress,  and  it  was  responded  to  in  separate  resolutions 
by  the  two  Houses,  which  were  transmiiied  by  the  President  to  the 
King  of  France.  When,  at  a  later  period  on  the  establishment  of 
a  republic,  before  the  downfall  of  Robespierre  and  Marat,  we  re- 
frained from  transmitting  congratulaiory  resolutions;  the  reason, 
as  will  be  fresh  in  the  recollection  of  Senators,  was  that  we  were 
then  in  imminent  danger  of  collision  with  France. 

Mr.  BALDWIN. — Will  the  Senator  allow  me  to  inquire 
whether  there  be  any  precedent  of  a  joint  resolution  of  the  two 
Houses  of  Congress,  in  the  name  of  the  American  people  re- 
questing the  President  to  transmit  the  resolution  to  a  foreign  go- 
vernment? 

Mr.  HANNEGAN. — I  know  of  no  instance  of  a  joint  resolu- 
tion, but  the  separate  resolutions  to  which  I  have  alluded  were  of 
the  same  import.  But  I  frankly  confess,  that  I  dislike  the  word 
"  precedent,"  when  we  are  engaged  in  legislating  on  such  a  sub- 
ject as  this !  The  reason  why  no  precedent  has  beea  presented 
is,  that  the  event  itself  is  without  precedent!  I  have  indeed  heard 
objections  urged  in  hi^i  quarters.  The  distinguished  Senator  from 
South  Carolina  has  expressed  his  opinion  that  we  had  better  defer  our 
action.  These  and  other  objections  made  to  the  immediate  action  of 
the  Senate  upon  these  resolutions,  I  have  weighed,  as  I  feel  they  de- 
serve, with  the  utmost  seriousness.  At  one  time  I  was  inclined — 
and  so  expressed  myself  to  the  Senator,  my  friend  from  Ohio — to 
postpone  action  until  we  should  hear  of  the  actual  meeting  of  the 
national  assembly  ;  but  all  my  subsequent  reflection  tends  to  the 
conclusion  that  we  should  at  once  and  without  hesitation  tender  to 
the  new  republic  of  France  our  congratulations.  For  the  life  of 
me  I  cannot  see  any  evil  result  in  the  step.  No  man  will  contend 
against  it  as  an  act  of  interference  with  the  aflfairs  of  others,  an 
act  that  in  its  remotest  consequences  can  lead  to  our  entanglement 
in  European  difficulties.  It  has  ever  been  the  custom  of  nations 
to  exchange  congratulations  upon  momentous  occasions  and  fortu- 
nate results. 

In  the  history  of  man  there  has  occurred  no  more  signal  event 
than  the  recent  French  revolution.  It  is  marked  all  over,  at  every 
step,  from  first  to  last,  from  the  highest  to  the  humblest  actor,  by 
a  moral  grandeur  that  finds  its  only  prototype  in  the  conduct  of 
our  own  Heaven-guided  ancestors.  When  revolts  occur  in  king- 
doms— when  man,  lashed  to  phrenzy  by  all  the  woes  of  oppression, 
rises  but  to  strike  a  single  blow,  and  fall  from  the  ignominious 
scaftbld  to  the  uncounted  grave — when  the  chains  of  the  oppressor 
are  thus*  riveted  tighter  and  tighter — when  humanity  and  liberty 
have  been  laid  together  in  a  common  grave — then  monarchs  have 
often  exchanged  congratulations. 

At  this  hour,  when  emancipated  France — emancipated  without  a 
crime,  without  a  stain— extends  her  new-born  hand,  and  from  her 
cradle  lifts  her  smiling  front,  gazing  at  us,  shall  we  pause — coldly 
pause — and  give  back  the  look  with  marble  features  (  or  shall  we 
return  the  smile,  and  with  our  heartfelt  salutation  cheer  her  to  the 
richer  than  golden  harvest  ?  If  there  was  any  thing  in  these  reso- 
lutions contrary  to  the  usages  of  nations,  any  principle  at  war  with 
the  proprieties  of  international  communication,  I  should  feel  bound 
from  this  high  place  to  hesitate  and  weigh  every  contingent  result. 
But  I  aiii  unable  to  discover  the  rule  or  the  reason  against  a  na- 
tional salutation  from  the  matron  go%'ernment  of  republican  Ame- 
rica to  the  infant  government  of  republican  France.  It  is  in  the 
name  of  our  people  that  we  send  the  greeting.  It  is  in  obedience 
to  the  high  behests  of  the  ever  active,  the  hundred-eyed  genius  of 
our  institutions.  We  send  to  a  recognized  government — recog- 
nized by  all  the  foreign  officials  in  France,  so  far  as  I  can  learn. 
Our  own  minister  led  the  way.  I  trembled  when  the  first  news 
came,  lest  he  should  hang  back  waiting  an  example.  But  I  am 
happy  to  think  he  has  discharged  his  duty,  he  went  foremost,  and 
if  he  had  not  better  for  him.  far  better,  that  he  should  never  again 
put  his  foot  upon  his  native  land. 

Why  shall  we  not,  as  representatives  of  our  country  and  her  in- 
stitutions, salute  those  who  are  struggling  to  imitate  us  ?  Mon- 
arch can  salute  monarch,  even  upon  the  birth  of  an  infant  heir  to 
unlimited  despotism,  shall  we  falter  in  a  salutation  to  the  presence 
of  rational  liberty.  I  know  the  doubt,  the  fearful  doubt,  that  ex- 
ists in  many  of  the  greatest  minds,  even  some  ol  the  most  honored 
fathers  that  surround  me  ;  and  I  know,  too,  from  conversation  on 
all  sides,  as  well  as  I  can  learn,  that  doubl  can  only  be  expressed 


446 


CONGRATULATIONS  TO  THE  FRENCH. 


[Thursday, 


by  the  word  solicitude — tie  deep,  deep  solicitude  with  which  ma- 
ternal love  watches  the  tirst  steps  of  the  idolized  boy.  Will  he 
stumble?  will  he  Tall  ?  The  tine  turned  limbs,  the  flashing  eye, 
forbid  the  thought.  He  will  walk,  and  walk  to  noble  and  vigo- 
rous manhood.  This  I'eeling  inspires  .some  misgivmgs,  not  in  the 
purity  ot  intention  which  discloses  this  great  struggle,  but  in  the 
detail  which  is  to  seal  the  result.  Her  national  assembly  is,  per- 
haps, too  numerous  ;  one-fifth  the  number  would  have  represented 
all  the  departments  all  the  interests  of  the  French  people,  and  avoid- 
ed the  dangers  of  faction  and  tumult.  But  I  can  feel  no  doubl  of 
the  issue  ;  the  descendents  of  the  consecrated  Gironde,  united  with 
the  schools  Polytechnicpic,  supported  by  the  press  and  the  intelli- 
gence France  will  avoid  the  terrible  obstacle  of  the  Mountain  and 
the  Jacobin  on  their  way  to  regulated,  constitutional  liberty. 

I  trust  with  abiding  confidence  in  the  moderation,  the  wisdom, 
the  public  virtue,  the  intellect  of  France.  I  rest  as  seated  on  a 
rock,  upon  the  .steady  patriotism  of  the  French  people,  in  sustain- 
ing those  great  intellects  who  lead  the  way,  pointing  to  the  high 
destiny  of  France  with  all  the  sublimity  ol  faith,  all  the  fervor  of 
the  seer.  I  dicad  no  rising  cloud  whicii  my  friend  IVom  Alabama, 
[Mr  Bagby,!  pictured  the  other  day  ;  I  will  not  fear  the  baleful 
cloud  of  anarchy,  lighted  from  every  verge  by  concentric  fires,  and 
sweeping  on  the  tempest  wings  to  blast  with  its  thunderbolts  the 
new  sprung  hopes  of  freedom  and  mankind.  Perish  the  thought, 
the  prospect  shall  be  lighted  only  by  the  lambent  fire  of  exultant 
hope! 

At  this  hour  the  spirit  of  freedom  is  on  foot  in  lands  and  amongst 
people,  where  its  faintest  sighs  have  been  unheard  for  eentunes. 
Italy,  the  school  boy's  theme,  the  land  of  his  golden  dreams — the 
of  old  liberty  loving  German,  of  Caesar  and  Tacitus,  are  again 
warmed  by  the  celestial  flame,  Europe  is  rocked  by  a  moral  earth- 
quake. Every  successive  throe  discloses  some  new  breathing 
place  for  the  subterranean  fire,  which  long  suppressed,  is  bursting 
■with  more  than  volcanic  power  into  the  light  and  the  approving 
presence  of  God. 

Sir,  our  example  has  done  all  this.  The  oppressed  and  famine 
stricken  of  the  old  world,  have  annually  flocked  by  thousands  for 
refuge  to  us,  the  only  resting  place  for  overtasked  humanity. 
They  have  drank  of  the  cup,  which  never  exhausts,  they  have  fed 
at  the  board,  whose  necromantic  supplies  are  spread  with  more 
than  "Bacchanal  profusion."  They  have»bowed  at  the  altar  of 
their  own  God  unquestioned,  and  listened  to  the  ministrations  of 
his  priest  undisturbed.  They  have  walked  by  day,  and  slept 
by  night  in  security,  the  rude  latch  their  only  guard,  and  no  proud 
emissary  of  oppression  to  wither  by  his  tread,  the  green  sward  be- 
fore their  humble  door.  They  have  found  a  home 
"Wlicre  gods  ini^'Ut  love  to  dwell 
And  wander  with  deligiil ; 

Or  sit  amid  its  sacred  shades" 

All  this  they  have  written,  ship  load  after  ship  load,  to  those 
they  have  left  behind  ;  and  thus  the  silent  and  invisibi* 
power  of  the  Almighty  has  brought  the  masses  to  the  aid 
of  the  master  spirits,  that  from  their  closets  have  so  long 
invoked  the  blessings  of  freedom.  But  perhaps  I  wan- 
der. I  will  only  add  that  my  vote  shall  be  given  with 
heatfelt  pleasure  at  once  for  these  or  any  similar  resolutions,  and 
I  trust  that  the  vote  may  bo  taken  this  day,  so  that  the  intelli- 
gence may  be  conveyed  to  France  in  the  Cambria,  which  sails  fan 
Saturday  next.  I  am  not  prepared  however,  to  stop  at  this.  When 
the  National  Assembly,  which  is  to  convene  on  the  20th  of  April, 
shall  have  closed  its  deliberations  by  giving  to  Fraee  a  constitution 
after  our  own  model,  I  would  go  farther  ;  I  would  send  a  solemn 
embassaije  ;  its  members  composed  of  the  snow. crowned  ar.d 
most  honored  servants  of  our  republic,  those  who  have  given  the 
energy  of  long  life  to  liberty  and  their  country,  and  whose  mellow 
but  all  radiant  light  still  rests  upon  the  theatre  of  action.'  1  would 
send  such  an  embassy  in  the  name,  and  with  the  spirit  of  our 
people,  to  fraternise  with  the  descendants  of  those  who  shed  their 
blood  for  our  freedom. 

Mr.  ALLEN. — The  course  of  the  distinguished  chairman  of  the 
Committee  on  Foreign  Relations  has  been  just  and  generous  with 
regard  to  this  resolution  and  the  individual  who  originally  submit- 
ted it.  But  just  antl  generous  as  that  ecurse  has  been,  it  has  not 
been  more  so  than  all  who  are  personally  acquainted  with  that 
Senator  were  prepared  to  expect.  He  has  said  that  I  was  entitled 
to  the  honor  of  originating  this  movement.  Before  I  appro])riale 
that  compliment  to  myscli",  it  is  just  that  I  should  say  that  in  sub- 
mitting tiuit  resolution  I  did  no  more  than  I  am  fully  aware  many 
other  Senators  proposed  to  do,  and  it  was  but  a  meie  accident 
which  gave  mine  the  priority.  It  so  happened — and  that  will  ex- 
plain the  reason  why  I  chanced  to  submit  the  resolution — that  on 
the  20th  day  of  March,  a  discussion  was  in  progress  in  the  Senate 
upon  a  kindred  subject,  upon  a  proposition  of  creating  a  mission  to 
the  Papal  States  in  conlormity  with  the  previous  recommendation 
of  the  President.  The  President  liad  maile  that  recommendation 
most  properly  and  wisely  because  he  thought  that  representing 
this  Croat  nation  of  freemen  it  was  his  duty  to  take  some 
notice^  of  an  event  which  had  for  its  object  so  largo  a  benefit, 
not  only  to  the  people  of  Italy,  but  by  its  example  to  the  people  of 
all  Europe.  Ho,  therefore,  recomiueiidcd  thtit  an  embassy  should 
be  created  to  the  head  of  the  Papal  government,  and  based  his 
recommendation  upon  those  salutary  changes  which  the  head  of 
that  government  proposed.  I  was  of  opinion  that  the  President 
acted  wisely  and  justly  in  that  recommendation.  The  House  ol" 
Representatives  had  manifested  the  same  opinion  by  providing  for 
that  mission;  and  when  it  came  here  as  a  portion  of  a  bill  submitted 
to  us,  it  became  the  subject  of  observation.    We  )ieceiY(;d  inteUi 


gence  of  the  French  revolution  on  the  ISth  of  March.  The  Senate 
not  being  then  in  session;  on  the  20th,  the  first  day  on  which  the 
Senate  met  after  the  news  had  reached  us,  the  debate  upon  the 
Papal  mission  was  pending.  In  some  remarks  which  I  made  in 
support  of  the  mission,  carried  along  by  the  feelings  which  the  re- 
cent news  of  the  revolution  in  France  had  excited,  I  expressed  the 
desire  and  the  hope  that  Congress  would  embrace  some  opportu. 
nity  of  expressing  the  national  sympathy  and  conrrratulations  to- 
wards France.  Having  made  the  observation  I  felt  it  to  be  my 
duty  to  follow  it  up  by  submitting  the  resolution.  That  is  the 
history  of  the  introduction  of  the  resolution,  and  it  explains  the 
reason  why  it  was  offered  by  me  and  not  some  one  of  the  several 
members  of  this  body  who  thought  alike  and  entertained  the  same 
design.  I  do  not  doubt — I  cannot  doubt— I  would  be  ashamed  to 
doubt — that  there  could  be  in  point  of  fact  any  diversity  of  feelinn- 
in  the  Senate  of  the  United  States  on  so  great  an  event  as  that 
which  has  occurred  in  France.  Men  may  doubt  its  to  the  proper  form 
in  which  it  behooves  us  to  speak  to  the  French  people,  and  doubt 
with  great  propriety.  But  as  to  the  princi)>le  itself,  of  the  obliga- 
tion which  our  position  imposes  upou  us  to  speak  a  word  of  encour- 
agement and  congratulation  to  the  French  people,  I  believe  there 
can  be  here  no  diversity  of  sentiment  whatever.  I  deem  it  proper 
that  in  all  the  circumstances  I  should  make  this  statement.  Pre 
fcrring  the  brief,  concise  form,  which  I  gave  the  resolution,  I  shall 
of  course  vote  against  any  amendment, of  it. 

Mr.  DOWNS  —When  I  yielded  the  floor  the  other  day  to  the 
honorable  chairman  of  the  committee  on  Foreign  Relations,  I  ex- 
pressed the  design  of  making  a  few  additional  remarks  on  the  sub- 
ject before  the  S'enate,  when  an  opportunity  should  be  presented  of 
doing  so.  But  there  seems  to  be  a  general  desire  to  take  the  ques- 
tion without  further  debate,  and  certainly  I  should  refrain  from 
saying  a  single  word,  if  I  could  consult  my  own  feelings  alone.  I 
can  hardly  do  so,  however,  with  propriety  in  the  circumstances  in 
which  I  am  placed,  as  I  had  promised  to  submit  some  documents 
recently  received  from  France.  I  shall  at  all  events  be  very  brief, 
concurring  as  I  do,  with  the  honorable  chairman  of  the  committee 
on  Foreign  Relations,  that  the  vote  ought  to  be  taken  to-day,  and 
promptly.  The  form  of  the  resolution  is,  it  seems  to  me,  of  little 
importance.  For  myself,  I  am  equally  satisfied  with  either. 
While  I  admire  the  first  on  account  of  its  simplicity  and  brevity, 
finding  nothing  in  its  language  to  criticise,  still,  since  the  Presi- 
dent's message  has  been  submitted,  and  the  question  comes  m  a 
more  formal  manner  from  the  committee  on  Foreign  Relations, 
there  seems  to  be  some  propriety  in  adopting  the  mere  formal  re- 
solution. As  1  have  remarked,  however,  I  am  indill'erent  as  to 
what  form  the  resolution  may  assume,  hoping  that  all  discussion 
on  minor  points  wdl  be  waived,  and  that  the  Senate  will  act 
promptly. 

I  regard  this  French  revolution  as  one  of  the  most  extraordinary 
events  in  the  world's  history.  We  have  seen  revolutions  in  France 
before,  and  we  have  seen  them  in  other  lands,  but  according  to  my 
recollection,  I  have  neither  read  in  ancient  historv,  nor  witnessed 
in  modern  times,  anything  like  this  event.  We  have  seen  a  kins 
clothed  with  almost  despotic  power — surrounded  by  large  armies 
— with  the  city  of  Paris  so  fortified  that  it  was  supposed  to  be  im- 
pregnable, and  secure  from  any  assault  from  within  or  without — no 
one  seeming  to  doubt,  that  during  the  life  of  Louis  Philippe,  dis- 
turbance was  impossible — immediately  after  an  election  which  had 
secured  a  majority  for  the  king,  of  upwards  of  one  hundred — in  the 
face  of  all  these  things,  two  short  days  sulficed  to  hurl  him  from 
power,  and  drive  him  in  ignominious  flight  to  the  shores  of  a  neigh- 
boring kingdom.  Nor  was  there  any  particularly  overt  act  of  tv 
ranny  to  excite  the  people  to  rebellion.  In  the  full  tide  of  his  suc- 
cess, the  people  rise  against  the  king,  and  in  a  marvellously  brief 
period,  with  little  disturbance,  little  loss  of  life,  little  disor- 
der, they  demolish  the  government  which  he  had  reared  with 
such  craft  and  pains,  and  lake  measures  lor  tJie  erection  of  a  re- 
public in  its  stead.  This  certainly  docs  seem  most  extraordinary. 
But  when  we  come  to  examine  the  character  of  the  French  peo- 
ple, and  the  structure  of  French  society,  the  intelligence  and 
capacity  for  the  enjoyment  of  freedom,  which  characterize  that 
people,  our  astonishment  will  be  diminished.  Lonis  Philippe  has 
had  the  reputation  of  a  wise  prince,  and  perhaps  he  was  entitled 
to  it.  But  he  made  one  fatal  mistake,  ami  to  it  he  owes  his  down- 
fall. He  thought  he  was  safe  because  he  had  a  majority  in  the 
chambers,  and  an  army  of  some  three  hundred  thousand  men.  He 
imagined  that  he  h.ad  the  people  completely  under  his  control. 
Here  was  his  mistake.  I  have  been  very  much  struck,  sir,  in  con- 
trasting the  policy  for  some  years  past,  of  the  French  and  English 
governments.  The  history  of  British  legislation  for  some  vcars  past, 
has  been  a  history  of  popular  concession.  The  government  has 
yiddcii  to  the  deiutind  ior  reform,  and  the  growiii«r  intelligence  of 
the  people.  Catholic  emancipation — parliamentary  reform — muni- 
cipal reform — free  trade — all  these  have  been  concessions  yielded 
to  the  people  by  a  monarchical  government.  That  government 
has  had  discretion  enough  to  see  that  it  ought  to  yield,  and  its  sa- 
gacity in  yielding  to  the  people  has  saved  it  from  destruction.  In 
France  the  policy  has  been  entirely  dillcrent.  The  legislative 
bodies  have  been  comjiosed  of  ollico  holders,  the  tools  ana  raiais- 
ters  of  the  King,  and  obstinately  resisting  any  concession  to  the  peo- 
ple, the  government  has  persisted  in  opposing  the  demands  for  re- 
form, till  the  people  taking  the  work  into  their  own  hands,  have 
pulled  the  govcriunent  to  pieces  and  now  set  about  the  construction 
of  a  system  of  free  institutions. 
This  revolution  i«  not  to  be  cpaipsite4  W  tbal  of  '98  ;  a  gieftt 


April  6. J 


CONGRATULATIONS  TO  THE  FRENCH. 


447 


change  has  come  over  France  since  that  period.  It  was  intimated 
here  in  an  early  part  of  this  debate,  that  France  had  failed  in  her 
former  revolutions.  I  read  her  history  differently.  I  know  that 
there  was  much  to  weep  over  in  her  first  revolution,  but  she 
emerged  from  that  scene  of  horror  better  than  she  was  before. 
And  The  empire  with  all  its  tyranny  under  the  direction  of  that  ex- 
traordinary man,  who  held  the  reigns  of  power,  contributed  still 
more  to  improve  her  social  condition.  It  *vas  then  that  the  har- 
riers were  broken  down  whicli  formerly  existed  between  the  peo- 
ple and  the  aristocracy.  It  was  then  that  a  more  equal  distribu- 
tion of  property  took  place.  And  the  second  revolution  was  a  still 
greater  improvement.  With  these  lessons  before  them,  I  hope 
that  the  people  of  France  in  this  third  attempt  will  be  entirely 
snccessful,  and  fulfil  all  the  wishes  of  the  friends  of  France  and 
liberty  throuffhout  the  world.  For  m^elf  I  have  no  doubt  of  their 
success.  The  ex-Kinp;  himself,  seems  to  have  abandoned  all  hope 
of  the  restoration  of  monarchy  to  France  '  He  has  expressed  m 
his  memorable  declaration,  to  which  the  gentleman  from  New 
York  has  referred,  his  deliberate  conviction  that  France  must  be  a 
republic. 

The  prompt  adhesion  of  the  new  government  made  by  the  high- 
est olhcers  of  the  army  and  of  the  navy  and  by  the  clergy,  pre- 
sents gratifying  evidence  of  the  strength  and  vitality  of  republican 
feelings  in  Froncc.  The  revolution  of  '92,  might  be  said  to  he  a 
revolution  against  the  authority  of  the  church,  nay  against  Chris- 
tianity itself  as  well  as  against  kingly  power.  But  in  the  present 
movement  I  rejoice  to  recognize  that  spirit  of  veneration  for  reli- 
gion which  is  one  of  the  surest  safeguards  of  .social  order,  and 
good  government.  The  Bishops  of  Paris  and  Lyons,  and  other 
high  dignitaries  of  the  church,  have  concurred  most  fully  and  freely 
in'the  great  movement  for  liberty.  Those  who  are  little  acquainted 
with  Catholic  countries  and  the  influence  of  the  clergy,  can 
scarcely  appreciate  the  importance  of  this  revolution.  I  have 
lived  among  them,  and  know  how  much  influence  they  exer- 
cise, making  the  people  humane  and  benevolent,  soothing  and 
tempering  tlieir  violence  of  disposition.  I  have  no  fears  then,  sir, 
for  the  result  of  the  revolution  in  France.  I  believe  it  will  be  suc- 
cessful. It  may  take  some  time,  but  with  the  union  of  the  masses 
of  the  people  with  the  wealthy  classes  of  the  country,  and  with 
the  cooperation  and  assistance  of  all,  with  the  acquiescence  of  the 
nobility — with  the  approval  of  the  royal  family  themselves,  I  cer- 
tainly think  that  if  there  could  bo  any  doubt  about  the  result  of 
this  revolution,  this  wouW  afford  js  a  strong  assurance  of  a  favor- 
able termination. 

I  shall  not  take  up  the  time  of  the  Senate  by  referring  to  the 
numerous  accounts  of  this  great  event  which  we  have  seen  [in 
the  public  piints.  But  I  have  been  favored  with  two  extracts 
from  letters  from  private  individuals,  speaking  of  the  occur- 
rences which  look  jdaco  in  Paris.  These  extracts,  I  think,  will 
enable  us  to  form  a  better  judgment  of  these  occurrences,  than 
the  more  formal  accounts  that  we  have  seen.  Here  is  an  extract 
from  a  letter  of  a  gentleman  residing  in  Paris,  to  his  friend  in  this 

country  : 

■•Paris,  February 2.5,  184S. 

"  I  assnre  yon  tliat  our  fjuartcr  has  been  perfectly  ^quiet.  even  during  tlie  two  days 
of  fighting.  We  Bcarcely  neard  a  dozen  gun  shots;  and  those  were  fired  after  llie  vic- 
tory, as  a /cii  (/e  ^'oic.  At  this  time,  (8  o'clock  in  the  moininp,)  peace  is  completely 
restored.  Last  evening.  Mr.  G.  (a  priest)  came  from  liis  father's  in  the  fanxbourg  St. 
Germain,  crossing  the  city  through  Uie  streets  and  public  squares,  which  had  been  the 
scenes  of  action  through  the  day,  and  he  only  saw  persons  quietly  promenading,  and 
among  them  a  large  number  of  women  of  all  classrs — for  the  houses  were  all  illnmi 
nated.  Make  yourself  perfectly  easy;  I  can  not  certainly  be  suspected  of  enthusiasm, 
bat  I  assure  yon,  I  can't  help  admiring  the  moral  sentiment  which-iiervades  this  entire 
popniation. 

Jast  imagine  to  yourself  the  men  who  had  recently  carried  the  Tuilleries  by  as- 
sault, and  then  in  jiosse^sion  of  the  city,  retiring  iieaceably  to  their  homcj..  neither  more 
turbulent  or  elated,  arid  irnUj  takittfr  inirk  them  t/ir  annf;  tchieh  tlic'i  had  won.  Truly 
it  was  a  sublime  spectacle,  with  which  I  was  most  profoundly  moved.  My  advice  ii 
for  you  to  rein.ain  in  America  as  long  as  your  business  requires,  neither  alter  your  la- 
bors or  projects,  and  continue  zealously  your  system  of  exchange.  The  country  is  still 
the  same,  and  will  profit  by  your  exertions,  whatever  may  be  its  form  of  government. 
You  are  ttiere  our  surest  and  best  guarantee,  and  wc  here,  have  nothing  to  fear ; 
hot  if  contrary  to  all  expectations,  we  should  be  at  jill  uneasy,  the  protection  of  the 
most  republican  mantle  will  still  be  with  us,  I  need  only  to  invoke  your  name  to  ob- 
tain it  jmmediatelv.     You  kuow  this  .as  well  as  I  do. 

"  Paris,  8lli  March,  ld4H. 

"Believe  me,  the  proclamation  of  ftie  republic  has  raised  you  here  at  least  ten  ells. 
Yon  already  know,  perhaps,  that  not  only  the  American  minister,  but  all  the  Ameri- 
cans, now  in  Paris,  haxe  waited  upon  ami  congratulated  the  provisional  government. 
This  double  compliment  has  had  an  admirable  effect.  Never  has  there  been  so  much 
anxiety  to  draw  closer  the  alliance;  I  should  rather  say  the  fiaterntiv  with  the  United 
States.  Do  not  think  of  returning  before  your  labors  are  terminated.  Continue  vour 
meritorious  work  among  the  .\mcrican3,  which  will  be  your  highest  glory.  France 
will  second  yon  witli  more  zeal  than  ever. 

"  Do  not  give  yourself  the  least  uneasiness.  Paris  never  was  more  quiet  than  at 
•  present,  and  personal  security  never  more  cared  for.  It  requires  really  an  eftbrt  of 
rtiemory  to  reL.ollect  that  there  was  a  revolution  la.sl  week,  and  that  a  miserable  sem- 
blance of  monarchy  has  been  done  away.  The  oiily  difficulty  at  present  is,  a  little 
timidity  in  the  money  market,  which  will  not  last  long.  I  know  a  noble  Frenchman 
who  is  about  to  invest  three  niilhoiis  of  francs  in  a  banking  house,  amplysecured,  Mv 
dear  friend,  we  have  a  right  to  say  with  pride,  that  no  republic  ever  gave  a  nobler  ex- 
ample of  patriotism.  Adieu.  We  drank  yesterday,  (Shrove  Tuesday,)  your  health. 
There  is  no  one  who  does  not  long  to  see  >ou;  but  there  is  no  one  who  will  not  make 
the  sacrifice,  and  encourage  you  not  to  abandon,  but  to  persevere  in  the  noble  aims 
which  we  an  know  are  worthy  of  yon." 

Hero  is  also  an  extract  from  the  letter  of  a  lady,  relating  to  the 
same  subject : 

"Shrove  Tuesday. 
\  onr  welcome  letter  arrived  on  the  memorable  day  of  the  great  barricades.  We 
were  all  closely  housed,  shutters  closed,  for  fear  of  some  accident^  which  by  the  by  was 
entirely  useless.  We  feared,  as  Uie  people  were  marching  towards  the  barriers",  they 
might  bieak  Uie  w  indows;  but  Uiey  had  no  such  intention— they  were  going  very  quiet 
ly  to  liberate  the  prisoners  contiucd  for  debt;  and  we  were  delighted  and  amused  to 
seethe  people  liberated— some  with  a  hltle  bundle  in  their  hands— some  in  their  slip- 
pers, (not  having  had  time  to  put  on  their  shoes,)  marching  gady  anil  rapidly  as  if  fear- 
ing their  liberty  might  bo  again  restrained.  Don't  believe  any  exaggerated  accounts 
you  may  hear.    I  assure  you  Paris  has  nevei  been  more  tranquil  than  at  this  moment. ' ' 


.  Now,  when  within  one  week  after  scenes  of  this  kind  have  taken 
place,  and  such  moderation,  quiet,  and  regularity  are  observed, 
can  any  hotly  doubt  the  fitness  of  the  people  and  their  capability  to 
establish  a  government  that  will  be  permanent?  I  see  no  cause  to 
doubt  or  hesitate.  I  believe  their  success  is  certain.  The  whole 
account  of  their  proceedings  hitherto,  is  a  sufficient  guarantee  that 
such  will  be  the  case.  I  cannot  doubt,  therefore,  for  a  moment, 
the  propriety  ^f  passing  this  resolution.  I  am  sorry  that  it  has 
been  delayed  so  long.  I  '"  ished  very  much  that  it  could  have  been 
passed  in  time  to  go  by  this  steamer;  and  I  do  hope  now  that  there 
will  bo  no  farther  delay. 

Mr.  DAYTON. — It  is  no  part  of  my  purpose  to  make  a  speech 
upon  this  resolution  ;  but  I  should  have  been  much   better  satisfied 
if  the  Senator  who  introduced  it,  or   the   committee  from  which  it 
in  part  emanates,  had  beer,  content   that   it   should  have  laid  over 
for  a  month  as  originally  proposed,  that  is,  until  the  first  or  second 
Monday  in  May  next.     I  trust  I  am  not  wanting  in  all  those  kind, 
generous  feelings,  which  have  been  so  well  expressed  by  Senators; 
but  it  seems  to  me  as  though  wc  were  giving  way  too  much  to  the 
current  of  popular  sentiment.     The  Senator   from  Indiana,  in  tho 
course  of  his  remarks,  referred  to  the  fact  that  the  very  day-labo- 
rers about  the  capitol  were   .shaking  hands    and  felicitating  them- 
selves when  the  news  of  the  revolution  was  received.     It  appears 
to  me,  sir,  that  the  American  Senate  is  engaged  very  much  in  tho 
same  way.     As  individuals  we  may  do  it— but  as  legislators,  men 
acting  under  heavier   and   deeper  responsibilities,  it  seems  to  me 
that  we  should  weigh  well  each  step   that  we  take  in  this  matter. 
If  there  ever  was  a  season   when  we,  the  model  republic  as  we 
glory  in  calling  ourselves   to   the  world,   should  be  cautious  as  to 
what  we   do,  it  is  now.     There  is,  perhaps,  no  paragraph  in  our 
past  history,  conveying  more  of  wisdom  to  posterity,  than  tho  last 
and  parting  address  oi'  Washington — when  he    told   us  to  beware 
of  entangling  ourselves  with  European  politics.     I  admit  that  this 
is  not  an  entanglement  within  the  letter,  but  it  is    at    least  within 
tho  spirit  and   meaning   of  the  words  of  the   great   Father  of  his 
country,     I  do  not  mean  to  say  that  we  may   not,  under  certain 
circumstances,  express  our  sympathy   with   any  nation  in  Europtj. 
We  may  do  so  in  the  language   of  this  resolution,  meaii  what  it 
may,  for  I  hardly  know  what  is   meant  by  consolidation  of  liberty. 
But,  sir,  I  want  first  Jo  be  sure  that  the  government  docs  consoli- 
date liberty.     I   want   to  have,   at   least,  a  reasonable  assurance 
that  when  tho  government  we  are  about   to  congratulate  shall  be 
souo-ht  after,  our  minister  will  not  have  to   make  a  return  of  non 
est  Inventus.     The  honorable  Senator  from  New   Hampshire    tells 
us  that  he  would  not  wait   until   the  child   attains  to  maturity  be- 
fore he   tenders  his  congratulations.     Nor   I.   sir.     But   I  would 
wait  until  tho  child  is  born.     France  is  cncientc,  only  ;  whether  a 
child  will  be  born,  or  France  have  a   miscarriage    is  a  thing  to  be 
hereafter  determined.     Sir,  there  is  no  government  now  in  France 
to  whom  we  can   tender  our  congratulations.     We  arc  tendering 
them  to  the  now  government  of  France  not  to  a  government  that  is  to 
bo,  but  to  the  Provisional  government.     What  is  that  government? 
What  do  we  mean  by  Provisional  government  ?     I  ask  it  in  all  se- 
riousness.    It  has  the  name  of  government,  but  we  cannot  regard 
it  as  one.     With  great  respect,  I  say  it  is  no  government.     Its  de- 
crees are  no  decrees.     Its  laws  are  no  laws.     Its  oflieial  agents 
are  the  creatures,   in  common   parlance,   of  nobody.     We  cannot 
shut  our  eves  to  this  fact.     Here  is  a  government  which  puts  down 
the  old  state  of  things  to-day,  and  sets   up   a  new  state  of  things 
to-morrow.     By  whose  act  is  it  done  ?  It  is  done  by  the  people  of 
Paris.     Who  are   the   people  of  Paris?     I   mean   legally   and  as 
compared  with   the   thirty   millions   of  the   French   people.     It  is 
idle,  sir,  I  say  it  with   great  respect,   to  look  upon  this  species  of 
de  facto  power  which,  for  the  time  being,  keeps  a  kind  of  order  in 
Paris.     It  is  idle,  I  say,  to  look  upon  it  as  an  existing  government 
which    should    receive    our   coiigrattijations.     And    permit    me  to 
sav,   that  the  official   agents   ol'  this    quasi   government    feel    by 
what  a   slight    tenor    they   hold    their   places.     A    mob    has  put 
down  a  monarchy   yesterday    and   has    raised    a  republic  to-day. 
They  gave  life   to  Lamartino   yesterday,    they   may   give    death 
to    Lalnartino    tomorrow.     The   whole    course    of  action   of  the 
agents   of  this    French    revolution    show    that    they    appieciato 
the  position  in  which  they  stand.     The  Senator  from  New  Hamp- 
shire has  spoken  of  something  for  which  they  are  specially  entitled 
to  the  i-ongratidations  of   this  government.     I  again  say,  sir,  that 
this  very  thing  is  hut  carrying  out  a  mere  popular  sentiment.    The 
manumission  which  is  accomplished    by  the  mere   stroke  of  a  pen 
is    an    action   too  sudden    to   be  relied  on.     Such   vast   changes, 
reforms  if  you  choose  to  call  them  so,  arc  not  to    be  consummated 
in  a  day,  and  attended    with    no    evil    consequences.     Again,   sir, 
if  we   examine  the  progress    of  this  quasi   government  we    see  it 
pandering  to  the  passions   of  the  populace — we  see  it    raising  the 
wages  of  labor,    opening    the   bakers-shops   to  feed    the  hungry. 
These  are  not  the   ordinary  functions   of  government.     We  see  it 
redeeming  pledges,  from    the   pawnbrokers  with    the  funds  of  tho 
government,  converting  the  Tuilleries-  into  a  poor-house,   and  con- 
fiscating the  property  of  the    royal   family.     Can    a  conservative 
people  like  ours  be  mistaken  as  to    the    tendency  of  these  things  ? 
The  very  men  who  are  now   legislating   thus,  feel   that  they  hold 
their  power  at    the  frail  tenui-e   of  the  will  of  a  mob.     Th(!y  feel 
that  they  mnst   pander  to  that   mob,  if  they  would   maintain   the 
position  they  hold.     Why,  sir,    I   say  it    with   great    respect    for 
those  intelligent  high-minded  gentlemen  who   now  hold    a  species 
of  quasi  power — they  have  done  the  best  they  can — but  do  you  call 
this  body  of  men  a    government — a    government    to   make    laws? 
Whence'  comes  their  authority  1    And  it  is  to   this  self-styled  gov- 


448 


CONGRATULATIONS  TO  THE  FRENCH. 


fTHfRSDAy, 


ernmeiit — to  this  child  in  embryo,  that  we  are  to  tender  our  con; " 
g'ratulations-  Sir,  thfy  show  their  want  of  confidence  in  the  sta- 
bility of  their  government  themselves.  And  there  are  other  indi- 
cations which  show  <hat  it  has  no  security  lor  its  stabihty.  The 
French  funds  at  one  time  went  down  to  25  per  cent.  And  this 
meeting  which  is  to  be  held  on  the  20th  of  the  present  month., 
what  is  it  to  be?  A  meetinp;  of  nine  hundred  men  elected  by  a 
community,  who  never  elected  representatives  before.  Part  of 
them  will  come  from  Ala;eria.  There  will  be  some  fifteen  or 
sixteen  Algeriiies.  Sir,  I  speak  it  with  great  respect,  but  when 
we  recollect  that  this  great  body  of  men,  enough  to  form  a  mob 
of  themselves,  are  to  be  elected  by  a  people  who  have  had  no  ex- 
perience in  these  matters,  I  cannot  help  distrusting  the  action  of 
that  convention.  At  all  events,  let  it  be  as  able,  pure,  patriotic, 
as  it  may,  I  would  for  one  prefer,  at  least,  that  we  should  wait 
calmly  and  deliberately,  until  we  shall  have  seen  the  matured  ac- 
tion of  the  convention.  And  if  they  give  a  constitution  to  France, 
having  upon  it  the  face  and  liniaments  of  our  own.  I  will  tender 
to  them  the  hand  of  good  fellowship  and  congratulation.  Sir,  our 
minister  under  the  circumstances  has  perhaps  done  his  duty.  He 
has  done  enough.  It  seems  to  me,  I  speak  it  with  great  respect, 
that  It  would  be  more  wise,  more  statesmanlike  to  wait  the  devel- 
opment of  events.  What  is  done  by  a  goveinment  should  be  done 
at  least,  decently  and  in  order.  I  consider  that  a  month,  more  or 
less,  will  not  diminish  the  value  of  our  congratulations  to  the 
French  government  ;  and  I  do  hope,  that  when  these  congratula- 
tions shall  be  tendered,  we  shall  find  there  a  government  to  receive 
them.  I  repeat  that  I  have  no  intention  to  commit  myself  to  any 
particular  course  upon  this  subject,  but  it  seems  to  nie,  that  the 
whole  current  of  debate  is  certainly  running  in  one  direction.  It 
appears  to  me  wiser  to  await  the  result  of  events,  and  if  success 
crown  their  efiorts,  then  it  will  be  time  for  us  to  lender  our  con- 
gratulations. It  will  then  give  me  great  pleasure  to  vote  for 
such  a  resolution  ;  but  if  I  am  pressed  to  vote  now.  I  most  re- 
spectfully decline  voting  for  the  resolution,  because  I  vote  without 
knowledge,  without  light,  at  least  such  a  light  as  would  be  satis- 
factory to  illuminate  my  mind  in  regard  to  the  subject. 

Mr.  JOHNSON,  of  Georgia. — As  I  can  see  no  good  reason  for 
the  postponement  of  the  resolutions  of  congratulation  to  France, 
introduced  by  the  honorable  Senator  from  ^hio,  [Mr.  Allen,] 
and  those  introduced  by  the  Committee  on  Foreign  Relations,  I 
shall  vote  for  the  action  of  the  Senate  upon  them  at  once. 

What  shall  we  gain  by  delay  ?  The  principal,  indeed  the  only 
reason  urged  by  Senators  over  the  way  for  it,  is,  that  the  conven- 
tion is  to  meet  on  the  20th  of  the  present  month,  and  that  we 
should  therefore  wait  until  the  result  of  its  deliberations,  shall  be 
known,  so  that  we  may  judge  how  far  the  efforts  of  the  French  peo- 
ple to  establish  a  republican  government,  will  be  successful.  That 
this  is  desirable,  I  readily  admit.  But  if  we  should  withhold  the 
exprcs-sion  of  our  congratulations  until  France  shall  have  fully  suc- 
ceeded, she  would  scarcely  need  our  sympathies,  nor  would  it  re- 
flect much  credit  upon  us  to  tender  them.  The  organization  of  a 
republican  government  is  not  the  work  of  a  day,  or  a  month.  It 
may  and  perhaps, will,  require  years,  for  the  people  of  France  to 
establish  a  government  which  will  exhibit  to  the  world  the  evi- 
dences of  permanence  and  stability.  The  transition  liom  monar- 
chy to  her  present  attitude,  has  indeed  taken  place  with  a  rapidity 
which  is,  at  once,  wonderful  and  sublime.  But  to  ensure  success 
for  the  experiment,  much  is  yet  to  be  done.  A  constitution  is  to 
be  framed  and  adapted  to  the  character,  genius  and  condition  of 
tho  people  of  France.  Ancient  prejudices  and  customs  are  to  be 
overcome,  long  established  forms  to  bo  remodelled.  Well  settled 
social  habits  to  be  obliterated  ;  and  in  a  word,  the  entire  mass  of 
the  population,  to  be  indoctrinated  in  the  great  principles  of  self- 
government,  and  fused  into  a  harmonious  and  well  regulated  or- 
ganization. Can  all  this  be  accomplished  within  tho  time  ap- 
pointed for  the  meeting  of  the  French  convention?  They  have 
not  the  light  of  experience  to  illumine  their  path;  they  can  only 
see  that  which  is  reflected  from  our  government,  and  that,  at  so  re- 
mote a  distance,  that  it  will  aflord  them  but  partial  assistance. 
Why,  sir,  our  government  was  established  under  circumstances 
far  more  fvaorable  to  success,  than  those  by  which  the  people  of 
France  are  surrounded.  The  principles  of  freedom  on  which  it  is 
based,  were  planted  on  this  soil  by  the  Pilgrim  fathers.  They 
grew  with  the  growth,  and  strengthened  with  the  strength  of  the 
people  of  the  Colonies.  They  animated  them  under  all  the  diffi- 
culties and  cmh.arrassments  of  Colonial  dependence  They  nerved 
their  arm  in  the  struggles  of  the  revolution.  They  fired  the  pa- 
triotism and  guided  the  councils  of  the  convention  which  framed 
our  constitution.  Our  government  is  the  wisest  in  its  provisions, 
the  most  synjmetrical  in  its  proportions,  and  in  all  respects,  the  best 
calculated  to  preserve  liberty,  of  any  that  is  recorded  on  the  pages 
of  history.  Thus  far  it  has  proved  most  successful,  and  its  machi- 
nery has  operated  with  beautiful  harmony.  Yet,  sir,  we  ourselves 
characterized  it.  for  more  than  fifty  years,  as  an  experiment  ;  the 
nations  of  Europe  still  consider  it  as  an  experiment,  and  arc  fondly 
dreaming  that  it  will,  at  last,  prove  to  be  but  a  splendid  failure. 
Can  it  be  expected  then,  that  France,  under  circumstances  so 
much  less  favorble,  shall  succeed  in  a  few  short  weeks  or  months  ? 
For  many  lonsr  generations  France  has  been  accustomed  to  view 
monarchy  as  by  "Divine  right,"  the  only  legitimate  form  of  go- 
vernment. Tho  habits  of  tlio  people,  their  social  organization, 
their  modes  of  thought  and  feeling,  have  all  borrowed  their  cast 
and  impress  from  the  institutions  of  royalty  ;  and  they  have  been 
taught  to  regard  as  disloyal   tho  very  idea  of  self-government. 


Their  condition  differs  from  ours  in  another  important  respect. 
We  were  separated  by  the  wide  ocean  from  all  other  aovern- 
ments,  and  were  therefore  free  from  their  intermeddling  and 
jealousies.  But  France  is  flanked  on  all  sides  by  despotic 
governments,  who  feel  no  sympathy  with  her  in  her  strug- 
gles,  but  who  would  rather  rejoice  to  see  her  relapse  back  into 
the  embrace  of  despotism.  Under  these  circumstances,  I  repeat, 
it  cannot  be  supposed^  that  in  a  few  months  she  can  present  to  the 
world  an  organized  republic,  dispensing  all  the  blessings  of  happi. 
ness  and  well  regulated  freedom.  It  seems  to  me,  therefore,  BXr. 
President,  that  to  delay  as  long  as  is  advocated  by  the  Senator 
from  New  Jersey,  [Mr.  Dayton,]  so  far  from  securing  the  ob- 
ject which  he  desires,  would  be,  to  defer  our  congratulations  to  a 
time  when  France  will  not  need  them,  and  it  would  be  no  credit 
to  us,  to  lender  them.  Hence,  if  it  be  proper  for  our  government 
in  any  event,  to  give  any  expression  in  relation  to  the  attitude 
which  France  has  assumed,  there  is  no  controlling  reason  why 
that  expression  should  be  delayed  or  why  it  should  not  be  given 
at  once. 

Is  it  proper  then,  that  this  goveinment   should    tender   its   con- 
gratulations on  the  occasion  under  consideiation  ?     Upon  the  first 
introduction  of  these  resolutions,  I   did    entertain    some   doubt   on 
this  point  ;  that    is  to  say,  my   judgment   did   not  fully  second  the 
warm  impulses  of  my  heart.     That   doubt   rested   upon   the  fact, 
that  wo  had  no  official  information  of  the  great  events  which  have 
burst  so  suddenly  upon  the   world.     The    accounts  which  we  had 
then  received    from    France,  were   such   only  as  had    reached    us 
through  the  medium  of  the  public  press.     We  had  not  at  that  time 
been  officially  iniormed  that    any  thing  had   transpired.     I,  there- 
fore, doubted  whether  it   fully  comported  with   the   dignity  of  this 
government,  to  take  cognisance  of  events  of  this  character,  upon 
mere  newspaper  intelligence.     But,  sir,  that  doubt,  whether  well 
founded  or  not,  (and  I    am    disposed    to  think   it  was  not,)  is  en- 
tirely removed  by  the  message   of  the  President,    communicating 
the  ofi'icial  action  of  Mr.  Rush,  and  its  approval  by  the  Executive, 
by  which  he  recognized  the  existence  of  the  new  government,  and 
tendered  the  sympathies  and  good  wishes  of  the  American  people. 
That  message  and  accompanying  documents  have  been  referred  to 
the  Committee  on  Foreign  Relations,   and   that  committee  has  re- 
ported upon  them.     Thus  far,  then,  our  government  is  committed 
to  the  sentiments  expressed   in    these    resolutions,    the   subject  is 
before  us  in  proper  official  form  ;  ond    the  quesiion  assumes  a  new 
and  more  forcible  aspect.     Before  the  receipt  of  this  message,  the 
resolutions  stood    entirely  on    their    own    merits — that  is  to  say — 
they  presented  the  isolated  question  of  the  propriety  of  their  pas- 
sage, and  their  rejection  could  have   received  no  other  interpreta- 
tion by  the  civilized  world,  than  that  of  a  doubt   of  the    propriety 
of  passing  them  at  this   time.     But  now,  their  rejection  will  oper- 
ate as  a  censure  upon  the   conduct  of  Mr.  Rush  :  and  to   censure 
him,  would  amount  well  nigh  to  a   censure  of  the  French  people. 
I  am  sure  the    American    Senate    is    prepared   for   no  act,   which 
might  even  be  tortured  into  such  a  construction.     I  trust  also,  that 
this  message  will  produce  the  same  effect    upon    tho   mind  of  the 
honorable  Senator  from    Connecticut,  [Mr.  Baldwin.]   and  upon 
the  minds  of  those  who  agree  with  him,  that    it  has  upon  my  own 
For  his  leading  objection  to    the  resolutions  was,    that   it  was  the 
province  of  the  Executive  to   take  the  initiative  in  proceedings  of 
this  character.     That  has  now  been  done.     The  only  question  then 
is,  do   we   really  feel  in  our  hearts   the  sentiments    expressed  in 
these  resolutions  ?     Do  we  rejoice  at  the  creation  of  a  republic  on 
the  ruins  of  a  monarchy  in    France?     If  we  have  those  feelings, 
we  have  the  unquestionable   right  to  express  them    here    or   else- 
where ;  and  if  both  houses  of   Congrass  concur   in  them,  we  may 
embody  them  into  tho  form  of  resolutions,  and  offer  them  to  France 
to  cheer  her  in  her  hour  of  trial,  and  to  evince  the    deep  solicitude 
of  the  American  people  in  behalf  of  the  cause  of  republican  liberty. 
And  can  there  be  a  doubt  that  such  are   the  feelings  and  wishes  of 
the  people  ?     AVIiat  mean   these  public    gatherings  ?     What  mean 
the  almost   unanimous   expressions   of  the   press   throughout    the 
wide  extent   of  our  countiy  ?     They    are  but    the   echoes   of   the 
popular  voice. 

But  the  honorable  Senator  from  New  Jersey,  [Mr.  Dayton,] 
entertains  doubts  as  to  the  propriety  of  passing  these  resolutions 
on  another  ground.  He  says  it  was  the  farewell  advice  of  Wasli- 
in"ton,  that" we  should  avoid  all  interference  witti  European  poli- 
ticli,  and  adhere  strictly  to  the  policy  of  non-intervention.  It  is 
true,  sir;  and  the  same  policy  was  promulgated  again,  in  a  form 
more  authentic,  by  Mr.  Monroe  in  1823,  when  he  proclaimed  that 
any  attempt  on  the  part  of  European  nations,  to  extend  their  sys- 
tem of  mon.archy  to  the  States  of  this  continent,  would  be  regarded 
in  no  other  lisht  than  as  the  exhibition  of  an  unfriendly  dispositicn 
towards  the  United  States.  This  policy  thus  proclaimed  has  re- 
ceived the  sanction  of  all  parties  in  the  United  Slates  ;  and  I  haz- 
zard  nothing  in  asserting  that  it  is  considered  fixed  and  unaltera- 
ble. I,  tliercfore,  am  disposed  to  acquiesce  with  that  Senator,  in 
maintaining  it,  to  its  fullest  extent.  It  does  not  beci  me  us  to  in- 
terfere with  tho  political  affairs  of  other  nations.  The  golden 
rule  is  applicable  ;  wo  should  do  unto  others  as  we  would  they 
should  do  unto  us.  If  we  will  not  tolerate  intcrmcdling  with  us, 
we  must  not  intermeddle  with  others.  But  will  the  passage  of 
these  resolutions  be  a  \ioliition  of  this  rule  of  action  ?  That  is  the 
(luestion.  1  think  not.  With  whom  is  France  contending?  Is 
s'he  at  war  with  any  other  power?  Is  any  nation  opposing  her 
efforts  to  change  her  form  of  government?  No,  sir,  none  ;  nor 
has  any  a  right  to  oppose.  It  is  purely  an  alTair  of  her  own.  It 
is  purely  a  civil  revolution.     With  us  it  is  a  fundamental  doctrine, 


April  6.] 


CONGRATULATIONS  TO  THE  FRENCH. 


449 


"that  is  the  right  of  the  people,  to  alter  or  abolish  their  form  of 
government,  laying  its  foundation  on  such  principles,  and  organ- 
izing its  powers  in  such  form,  as  to  them  shall  seem  most  likely  to 
effect  their  safety  and  happiness.''  The  people  of  France  are  but 
exercising  this  great  right  which,  for  the  benefit  of  mankind,  was 
established  by  the  struggles  of  our  revolution  of  independence.  We, 
therefore,  do  not  interfere  with  the  politics  or  relations  of  any 
nation,  by  adopting  the  resolutions  under  consideration.  We  do 
not  take  sides  with  France  against  any  antagonist  powers.  No, 
sir,  it  is  a  contest  between  the  people  of  France  and  monarchy — a 
contest  between  tyrainy  and  freedom — despotism  and  republican- 
ism. In  sympathizing  with  France,  and  tendering  to  her  our 
congratulations,  we  do  not  depart  from  our  true  attitude  of 
neutrality,  violate  no  principle  of  our  government,  nor  commit  our- 
selves to  any  line  of  policy  for  the  future,  in  relation  to  that  nation. 
All  that  can  be  said  is,  (and  who  will  not  glory  in  it  ?)  that  in  a 
mighty  struggle  between  the  principles  of  liberty  and  those  of  op- 
pression, we  take  sides  with  the  former  against  the  latter.  It 
seems  to  me,  therefore,  that  the  apprehensions  of  the  honorable 
Senator  are  not  founded  on  a  just  view  of  the  question  which 
these  resolutions  present  to  the  Senate. 

In  relation  to  the  two  sets  of  resolutions  which  are  now  under 
consideration,  I  shall  feel  it  my  duty  to  prefer  those  which  were 
reported  by  the  Committee  on  Foieign  Relations.  The  objection 
which  has  been  made  to  the  phraseology  of  the  first  resolution  of 
the  Senator  from  Ohio,  [Mr.  Allen,]  has  no  influence  upon  my 
mind.  I  allude  particularly  to  the  words  "consolidate  liberty." 
To  such  verbal  criticism,  I  pay  no  more  respect,  than  that  which 
is  due  to  the  literary  taste  of  gentlemen  who  may  think  proper  to 
indulge  in  this  exercise.  But  there  is  an  assertion  of  fact,  in  this 
resolution  of  the  Senator  from  Ohio,  which  J  should  be  pleased  to 
see  modified  ;  and  it  is  this.  The  congratulations  of  the  American 
people  are  hereby  tendered  to  the  people  of  France,  upon  their 
"success"  in  their  recent  efforts  to  consolidate  liberty,  &c.  I  prefer 
the  phraseology  of  the  resolution  of  the  Committee  on  Foreign 
Relations,  because  more  strictly  in  conformity  with  the  existin" 
state  of  things.  In  that,  we  congratulate  the  people  of  France 
on  their  success  thus  far.  Now  it  is  true,  that  a  provisional  gov- 
ernment has  been  organized,  that  it  has  decreed  a  republican 
form  of  government,  and  ordered  a  convention  of  delegates  of  the 
people  to  assemble  to  carry  that  decree  into  execution.  This  pro- 
visional government  has  been  recognized  bv  the  United  States  and 
other  powers.  But  the  great  work  of  framing  a  constitution,  and 
setting  the  political  machinery  in  motion  is  yet  to  be  done.  It  is 
therefore,  more  strictly  correct  to  say,  that  France  has  thus  far  suc- 
ceeded .  than  that  she  has  actually  succeded,  in  establishing  a  repub- 
lican form  of  government.  But  whilst  I  prefer  the  resolutions  of 
the  committee,  yet  I  can  very  cheerfully  vote  for  those  of  the  Sen- 
ator from  Ohio,  if  the  motion  now  pending  to  substitute  the  for- 
mer for  the  latter,  should  not  meet  the  views  of  the  Senate.  I 
think  it  due,  however,  to  the  deliberation  which  should  character- 
ize the  action  of  the  Senate  of  the  United  States,  that  caution 
should  be  used  not  to  employ  language  which  conveys  more  than  is 
strictly  consistent  with  facts  as  they  exist. 

It  is  said,  that  if  we  congratulate,  it  may  afford  a  pretext,  for  Rus- 
sia, Prussia,  and  Austria  to  abuse,  and  discourage,  and  perhaps  op- 
pose. But  will  they  not  do  this  in  any  event,  so  soon  as  they  may 
believe  their  interest,  or  the  cause  of  despotism  require  it?  Will  they 
be  restrained  by  our  silence  ?  Can  they  gaze  with  approbation  or 
unconcern  upon  the  heavings  of  a  great  political  volcano,  whose 
throes  mav  subvert  every  throne  in  Europe  ?  No,  sir,  whenever 
they  shall  feel  themselves  in  danger  by  the  conviction,  that  France 
is  likely  to  succeed,  their  murmurings  will  be  stirred  :  and  I  shall 
be  most  agreeably  disappointed  if  all  Europe  be  not  involved  in 
bloody  revolutions.  Under  these  circumstances,  I  feel  that  France 
will  gain  infinitely  more  by  our  congratulations,  than  by  our 
silence.  It  will  encourage  the  hearts  of  her  people,  and  make 
them  feel  that,  while  surrounding  monarchies  secretly  desire  their 
failure  ;  yet  we,  the  model  republic  of  the  globe  sympathize  in 
their  every  effort,  and  rejoice  in  every  step  of  their  progress. 

The  fear  has  been  expressed  by  some  aentlemen,  that  the  whole 
movement  would  be  a  failure.  Judging  from  the  past,  the  opinion 
has  been  entertained,  that  France  might  either  pass  under 
the  yoke  of  a  military  despotism,  or  relapse  again  into  the  em- 
braces of  monarchy.  It  is  certainly  possible,  that  one  or  the  other 
of  these  results  may  occur.  We  cannot  penetrate  the  veil  of  the 
future,  and  predict  the  fate  of  the  people  of  France.  But.  sir, 
whether  success  or  defeat  awaits  them,  I,  for  one,  am  prepared  to 
express  our  sympathy  for,  and  tender  our  congratulations  to  them 
for  the  very  effort  which  they  have  made,  ft  is  a  noble  effort- 
noble  in  the  feelings  in  which  it  originated,  and  noble  in  the  end 
which  it  seeks  to  accomplish.  It  is  prompted  by  the  love  of  li- 
berty—tlevotion  to  the  principles  of  freedom.  It  seeks  the  forma- 
tion of  a  republican  government  on  the  ruins  of  fallen  monarchy- 
it  aims  at  the  elevation  of  the  masses  from  the  degradation  of  vas- 
sals, to  the  dignity  of  freemen. 

But,  sir,  there  are  many  features  in  the  late  revolution,  calcu- 
lated to  inspire  us  with  sanguine  hope  of  its  ultimate  success.  The 
manner  in  which  the  revolution  had  its  origin,  is  highly  encourag- 
ing. It  did  not  spring  from  the  machinations  of  a  lew  ambitous 
leaders,  seeking  their  own  aggrandizement,  by  appeals  to  the  pre- 
judices and  passions  of  the  populance.  It  is  not  the  offspring  of 
infuriated  and  lawless  faction.  But  it  is  the  spontaneous  move- 
ment of  the  people.  It  IS  not  the  angry  surges  of  the  ocean  which 
are  dashed  to  pieces  by  the  fury  of  the  element  that  puts  them  in 
motion,  but  rather  the  mighty  ground  swell,  vfhose  heaving  bUlows 
30th  Cong.— IsT  Session— No.  57. 


originate  in  the  profound  depths  of  popular  feeling  and  sentiment, 
at  once  irresistible  and  sublime  in  their  motion,  bearing  before  them 
all  opposition.  It  is  the  people,  struggling  for  the  rights  of  the 
people  ;  and,  sir,  where  is  the  power  on  earth  that  can  bring  suc- 
cessful resistance  to  36,U00,000  of  freemen,  animated  and  fired  by 
the  invincible  resolve  to  shako  off  the  fetters  of  oppression  ?  Mon- 
urchs  may  growl  and  snarl— Russia,  Prussia,  and  Austria,  may 
look  with  fearful  impatience  upon  the  scene,  and  old  England  in 
her  heart  may  contemplate  it  with  scorn  ;  but,  sir,  this  movement 
in  France  will  awaken  such  a  sensation  in  the  popular  heart  of  all 
Europe,  that  these  powers  will  be  busily  employed  in  bracin<'  their 
own  thrones  against  the  convulsions  of  this  political  eathquake.  But 
sir,  there  is  another  remarkable  feature  in  this  revolution  which  in- 
spires me  with  strong  hope  of  its  ultimate  success.  That  is,  the 
spirit  with  which  it  has  thus  far  been  conducted.  Where  else,  in 
the  history  of  the  world  can  you  find  a  solitary  example,  of  a  revo- 
lution carried  on  with  the  rapidity  with  which  this  has  been  accom- 
plished, which  has  been  attended  with  so  little  bloodshed,  so  little 
violence,  so  little  rapine,  so  little  plunder,  so  little  robbery,  so  lit- 
tle insubordination  ?  Looking  alone  to  the  great  and  noble  end  in 
view — their  emancipation  from  the  thraldom  of  royal  oppression — 
the  French  people  in  the  utmost  fury  of  their  excitement,  had 
scrupulous  regard  to  the  rights  of  property,  the  claims  of  helpless 
innocence,  and  the  obligations  of  humanity.  Are  people  mad  who 
are  governed  by  a  spirit  like  this  ?  Shall  they  be  called  "an  infu- 
riated mob,"  blinded  by  rage  ?  Sir,  if  they  were  mad,  there  was  a 
method  in  their  madness,  and  as  high  unity  of  design  in  all  their  ac- 
tions, which  exhibit  the  inspiration  that  fired  their  bosoms  in  the 
cause  of  liberty. 

I  will  call  the  attention  of  the  .Senate  to  one  striking  fact  illus- 
trative at  once  of  the  origin  and  operation  of  the  spirit  to  which  I 
have  referred.  It  has  also  been  alluded  to  by  the  Senator  from 
Louisiana,  [Mr.  Downs.]  It  is  the  fact,  that  amidst  the  most  in- 
tense excitement  of  the  people,  they  were  not  forgetful  of  the  claims 
of  religion,  or  of  the  deference  due  to  its  ministers.  I  hold  in  mv 
hand  an  authentic  account,  published  in  the  Baltimore  Sun  of  the 
3rd  inst.,  of  the  treatment  received  by  a  Priest,  when  it  was  ne- 
cessary for  him  to  make  his  way  along  the  crowded  streets  of  Pa- 
ris. It  proves  the  presence  of  a  power,  which,  though. invisible, 
is  exercising  a  potential  and  salutary  influence  upon  the  minds  of 
tho  people.  But  the  statement  speaks  for  itself,  and  I  beg  leav» 
to  read  it  to  the  Senate. 

Rehoion  Diking  the  Revolution.— The  followhis  interMting  letter  sppean 
iu  the  Univers : 

"Sir — My  conscience  wilf  not  jjcrmit  me  to  leave  tlie  following  facts  williont  puh- 
licilv.  On  Ttiorsday,  at  ten  o'clock  in  the  nioroin^.  I  left,  in  the  co-itumeof  an  ec- 
clesiaatic,  the  qnarter  of  the  IMadaleine.  to  wliich  I  had  been  c.illed  Ibi  the  dLvchamj 
of  my  duly.  I  hoped  to  return  to  my  dwelling;  in  the  Rue  Pot  de  Fer  by  the  place  He 
Concorde,  but  tlie  crowds  of  people  who  occupied  that  place  and  liie  constant  di»- 
charce  of  fire  arms  at  the  time  ohlmed  me  to  go  up  the  Rue  de  Rivoli.  I  parsed  along 
the  Rue  de  Rolian,  the  place  du  Palais  Royal,  the  Rue  de  Valois.  and  twenty  other 
Rtreets.  as  far  as  the  quartier  Saint  .Martin,  tbrced  to  turn  to  the  right  and  to  tne  left 
and  frequently  to  return  back  by  the  way  I  came.  I  had  to  clear  fifty  barricades.  At 
the  entrance  of  the  Rue  du  Reposoir,  Place  des  Victories,  I  addressed  myself,  with 
confidence,  to  the  men  of  the  people  who  guarded  the  barricades.  One  of  them  ro- 
plied.  'Fear  not.  Monsieur  1"  Abbe,  you  are  in  safety  in  the  midst  of  us  '—Then,  con- 
ducting me  to  the  barricades,  he  said  to  his  comrades,  in  a  loud  voice.  'Honor  to  reli- 
gion—respect the  Priests.  Allow  this  good  citizen  to  pass,  and  protect  him.'  I  wag 
accompanied  to  the  ne.\t  barricade  with  testimonies  of^  respect  and  words  of  encour- 
agement. These  brave  workmen  took  me  by  the  hand  or  «ave  me  their  arm  to  con- 
duct me  in  safety,  repeating— 'Respect  lor  religion — ?llow  this  good  man  topaia.' 
Frequently  stopped  by  compact  masses,  and  surrounded  by  armed  men.  I  thanked 
them  for  their  protection.  'I  see  (said  I  to  them)  that  yon  are  the  true  friends  of  re- 
ligion— I  have  confidence  in  your  generous  sentiments — yt.u  know  that  the  Priesu 
are  the  true,  the  best  friends  of  the  people.'  'Monsienr'TAbbe.  (replied  thev  with 
emotion.)  we  wish  to  sustain  religion — we  wish  to  respect  the  Priests— we  have  need 
of  them  for  ourselves  and  for  our  chihlren.'  Atone  barricade  an  individual,  only  one 
turning  towards  me.  cried— 'Doivn  with  the  Priests.'    [Immediately  he  was  slopped  by 

his  comrades,  who  all  cried  on! — 'Silence,  vive  religion  ;  rive  the  Priest, we  have 

need  of  them.'  During  more  than  two  hours,  in  the  midsts  of  so  many  loaded  fire- 
arms and  naked  swords,  no  gun.  no  sword  was  directed  against  the  Priest.'  At 
length  T  arrived  at  the  last  barricade,  where  I  was  received  with  the  same  svmpathv 
When  I  reached  the  top  of  this  barricade,  a  loud  voice  in  the  middle  of^  the  crowd  wiit 
heard  crying — 'Vive  M.  I'Abbe  !'  and  a  great  numberof  other  voices  repeated  the  crv 
I  thanked  those  brave  men — those  Christian  workmen — and  [  thank  them  again  'r 
know  not  how  I  can  better  express  my  gratitude  and  my  confidence  in  thera  than  bv 
making  known  the  generous  senlimenti  by  which  they  are  animated  la  the  new  era 
upon  which  we  are  entering,  the  Priests  will  not  be"  wanting  in  their  duty  towards 
them.  They  will  see  that  religion  and  the  Prieits  ate  the  true — tho  best  friends  of  the 
people^'L'AsBE  PoNol^ET,  Priest.'  " 

The  moral  which  is  conveyed  by  this  graphic  letter,  is  of  the 
deepest  interest  and  cannot  fail  to  sustain  well  founded  hope,  that 
a  people  obedient  to  such  reverence  for  religion,  in  an  hour  of  such 
excitement  will  succeed  in  their  high  and  noble  purposes.  It  is  a 
matter  of  sincere  congratulation,  that  the  Catholic  church  which 
is  the  prevailing  church  of  France  fully  acquiesces  :n  the  new  stats 
of  things  and  lends  its  mighty  influence  to  the  cause  of  free  prin- 
ciples. The  following  manifesto  from  Count  de  Montalembert  as 
an  exposition  of  the  attitude  of  the  Catholics  of  France,  towards 
the  tiew  order  of  things,  is  deeply  interesting  in  this  connexion.  I 
find  it  also  in  the  Baltimore  Sun,  as  taken  from  the  Paris  Univers. 

"In  the  midst  of  a  revolution,  the  Churcli  remains  standing,  immortal  as  truth  lib 
erty.  and  justice.  Under  the  Republic,  as  under  the  Monarchy,  we  must  del'end 
love,  and  serve  religious  liberty.  We  ought,  we  can.  and  we  will.  We  have  fijf 
pleilgesof  it,  on  the  one  side,  the  unanimous  respect  with  which  the  s-icforioos  people 
treat  religion:  and  on  the  other,  the  firm  resolution  expressed  by  the  Provisional  Gov- 
ernment maintain  the  free  exercise  of  all  religions.  We  have'beside.  the  e.Tampleot 
the  United  States;  the  French  Republic  cannot  be  less  just,  less  liberal,  less  intelligent 
than  the  American  one,  particulariy  when  tlie  question  relates  to  faith  conscience,  and 
family.  In  this  change,  so  great  and  so  unexpected,  we.  CathoUc  above  all,  hai-e 
nothing  to  change;  onr  rights,  our  duties,  our  interests  remain  the  same.  The  color* 
which  we  have  planted  outside,  and  above  all  political  opinions,  are  intact.  We  have 
not  waited  until  this  day  to  profess  the  worship  of  sacred  liberty;  to  declare  war  on  all 
kinds  of  oppression  and  falsehood;  to  proclaim  that  the  Catholic  cause,  such  as  we 
have  always  defended  it,  was  not  identified  with  any  power,  any  human  cause.  We 
feel  inclined  to  think  that  the  perseverance  with  which  we  have  for  eighteen  years 


450 


CONGRATULATIONS  TO  THE  FRENCH. 


[Thursday, 


Breached  op  this  sovereign  independence  of  religions  intrrests,  will  aid  the  French  Ca- 
tholic* to  comprehend  and  to  accept  the  new  sorbin!  phase  into  which  we  enter,  >ot 
one  of  them  has  a  riglit  to  abdicate.  They  wtll  tlierefore  descend  info  the  arena,  with 
aJI  tlieir  fellow  cili/ens,  lo  iav  claim  to  all  political  and  social  liberties  which  are  to  he 
henceforward,  the  inalienable  patrimony  of  France.  They  will  descend  inlo  it,  10  fijl- 
fil  a  sacred  dutv,  a  national  dntv.  a  Christian  duly.  They  will  place  nnlimiled  confi- 
dence in  the  impenelrablc  designs  of  God.  will  show  an  ardent  love  for  their  country. 
an  imperishable  devo'edness  to  its  glory  and  ii5  happines*." 

-  In  addition  to  this,  the  provisional  covernment  have  piiblicly 
called  upon  the  clergy  of  all  denominalii^ns,  to  iinplive  the  bless- 
ings of  the  Supreir.e  Ruler  of  the  Universe,  upon  the  people  of 
France,  and  to  bespeak  wisdom  from  above,  to  guide  the  delibe- 
rations  of  that  assembly,  to  which,  will  soon  be  committed  their 
future  destiny.  Sir,  these  featui-es  of  this  great  popular  movement 
in  France,  aie  calculated  to  encourage  in  our  minds  the  most  sari- 
puine  anticipations  of  success.  How  different  a  speciacle  does  it 
present,  when  contrasted  with  the  revolution  of  1790,  in  which  the 
fatal  experiment  was  made,  of  discarding  all  religion,  and  eleva- 
tincr  Reason  to  the  throne  of  the  Divinity. 

But,  sir,  we  also  find  that  which  atToids  high  encourageivent,  in 
the  character  of  their  decrees.  These  decrees  are  very  numerous, 
entering  into  detail  upon  many  suhjects  which  look  rather  strange, 
and  some  of  them,  rather  laughable  to  us,  who  are  unaccustomed 
to  the  order  of  things  sought  to  be  abolished.  But  when  we  ex- 
amine them  carefulTv.  we  find  tliat  they  embrace  the  great  princi- 
ples of  free  government  and  rational  liberty.  Time  would  fail  to 
run  over  thc'm  all.     I  will  notice  but  two  or  three. 

One  remarkable  decree,  is  that  abolishing  all  titles  of  nobility. 
How  strangely  this  must  sound  in  the  ear  of  European  monarchists! 
But  to  us,  the  principle  on  which  it  rests  is  familiar  as  household 
•words-  for  it  is  but  another  form  of  declaring  that  all  men  are 
equal, 'as  did  our  fathers,  when  they  "  pledged  their  lives,  their 
fortunes,  and  their  sacred  honor,"  upon  the  altar  of  liberty.  This 
proposition  lies  at  the  foundation  of  all  free  government,  and 
France  is  the  first  nation  of  Europe,  that  has  ever  ventured  the  bold 
.experiment  of  proclaiming  it  to  the  world 

They  have  also  decrcetlihe  freedom  of  the  press  and  of  thought. 
What  fearful  weapons  are  these,  against  every  form  of  oppression  ! 
Freedom  of  thought,  comprehends  all  that  is  valuable  in  political, 
civil  and  religious  toleration.  It  was  this  that  kindled  the  fires  of 
the  reformation,  and  dispelled  the  dark  night  of  ignorance  and  su- 
perstition, which  shrouded  the  world  in  the  fifteenth  century.  In 
the  panoply  of  the  invincible  armor  of  a  free  press  and  freedom  of 
thought,  liberty  shall  march  round  the  globe,  level  every  throne  of 
despotism  and  emancipate  the  nations  of  the  earth.  Tiiey  will  he 
to  France,  what  they  are  to  America,  the  pillars  of  the  republican 
fabric.  . 

They  have  also  decreed  universal  suffrage.  What  a  stride  in 
the  cause  oi  freedom  !  What  a  striking  contrast  this  presents  to 
the  order  of  things,  under  the  reign  of  Louis  Philippe  !  With  a 
population  of  36,000,000,  only  about  250,000,  enjoyed  the  right 
of  suffraae.  Now  every  freeman  of  twenty-one  years  of  age,  in 
the  whole  republic,  is  to  be  entitled  to  the  elective  franchise.  Pop- 
ulrtion  alone,  is  to  be  the  basis  of  representation. 

We  might  examine  many  more  of  these  decrees,  and  we  should 
find  them" embodying  some  great  principle,  of  popular  freedom 
or  civil  justice.  From  all  which  it  is  manifest,  that  the  revolution 
is  no  vague  and  aimless  event,  originating  in  mere  enthusiasm,  and 
propelled  by  a  spirit  of  blind  and  lawless  faction.  But  that  it  has 
its  ori"in  in  the  hearts  of  the  people,  and  is  directed  to  the  accom- 
plishment of  a  great  result,  upon  sound  and  rational  principles. 
Therefore,  we  have  more  reason  to  hope  for  success  than  to  fear 
defeat;  and  we  may,  with  entire  safety  and  propriety,  tender  our  sin- 
cere congratulations  to  France,  without  the  apprehension  of  na- 
tional mortification  at  witnessing  the  failure  of  her  noble  effort. 

Sir,  as  a  free  people,  familiar  with  the  blessings  of  liberty  by 
their  enjoyment,  we  cannot  be  insensible  to  any  efibrt,  in  any  part  of 
the  globe,  to  overturn  monarchies  and  despotisms,  and  in  their 
stead,  to  form  governments  based  upon  republican  principles.  We 
have  felt  and  expressed  sympathy  with  the  struggles  of  other  na- 
tions. But  when  we  remember  that  it  is  France,  whom  we  are 
called  upon  to  congratulate,  it  awakens  feelings  of  more  lively 
sympathy.  It  is  the  home  of  La  Fayette,  ihe  mention  of  whose 
name  excites  ihe  most  pleasant  and  grateful  reminiscences.  France 
was  our  friend  in  our  own  contest  for  independence,  and  lo  her  we 
have  ever  been  united  in  the  bonds  of  amity.  Shall  we  be  unmoved 
and  silent  while  she  grapples  with  the  power  of  iron-hearted  mo- 
narchy ?  I  will  not,  however,  indulge  in  the  declamation  which 
these  reminiscences  are  calculated  to  provoke.  Nor  will  I  deny 
them  iheir  legitimate  influences  upon  my  mind,  in  deciding  upon 
the  vote  which  I  shall  give  upon  these  resolutions. 

I  had  hoped  these  resolulions,  or  at  least  the  sentiments  con- 
tained in  them,  would  have  been  adopted  by  the  Senate  without 
discussion.  Still  I  respect  the  opinions  of  those  Senators  who  en- 
tertain honest  doubis,  as  to  the  propriety  of  such  action  at  this 
time.  But,  sir,  I  have  no  language  with  which  to  express  my  re- 
gret, not  to  use  a  stronger  term,  that  there  are  certain  gentlemen 
who  let  no  occasion,  however  unfit,  pass  without  the  introduction  of 
a  subject  always  delicate  and  exciting,  and  in  my  humble  judgment, 
disrespectful  to  the  feelings  of  those  Senators  who  represent  the 
South.  I  remember  that,  on  the  very  moining,  when  a  venerable 
patriot  was  called  from  the  scene  of  his  labors  here,  to  his  reward 
above — when  we  were  about  to  engage  in  paying  the  tribute 
of  national  respect  lo  his  memory — when  we  were  called  to  gaze 
upon  the  coffin  and  the  winding  sheet,  and  to  contemplate  the  re- 
alities of  the  future  world,  this  agitating  nuestioii  of  slavery  was 
thrust  upon  the  consideration  of  the  Senate. 


Mr.  BALDWIN. — If  the  Senator  alludes  to  the  resolution 
which  r  had  the  honor  to  introduce,  I  will  say  to  him  that  he  is 
under  a  misapprehension.  The  resolution  was  merely  taken  from 
the  table,  and  read  without  any  action  bemg  had  upon  it,  and 
without  any  desire  on  ray  part  that  it  should  then  be  laken  up. 
Senators  will  bear  me  witness  that  I  was  anxious  lo  postpone  in- 
formally the  consideration  of  the  subject  of  the  resolution,  in  order 
that  I  might  have  the  opportunity  of  discussing  it  on  some  future 
occasion.  This  was  in  accordance  with  an  arrangement  which 
had  been  made  between  the  Senator  from  Alabama  and  myself. 
I  am  glad  that  the  Senator  has  alluded  to  it  now,  because  it  has 
enabled  me  to  correct  a  misapprehension  which  has  elsewhere 
been  made. 

Mr.  JOHNSON. — I  am  also  glad  that  the  occasion  for  expla- 
nation has  occurred,  for  I  think  some  explanation  was  necessary. 
It  was  the  character  of  the  colh'quial  debate  which  occurred  on  the 
occasion  alluded  to,  between  the  Senator  from  Alabama,  (Mr. 
Bagby,)  and  the  Senator  from  Connecticut — 

Mr.  BAGBY.— The  Senator  is  under  a  misapprehension  in  re- 
gard to  the  occurrence  in  the  debate  to  which  he  alludes.  I  be- 
lieve that  the  resoluiion  was  then  taken  up  in  the  morning  busi- 
ness, and  a  motion  was  made  to  pass  it  by  informally,  failing  in 
that  the  Senator  besan  the  discussion  of  it.  It  was  at  this  stage 
of  the  proceedings  that  I  adverted  to  the  understanding  that  had 
previously  laken  place  between  the  Senator  from  Connecticut  and 
myself,  and  said  that  I  felt  bound  to  adhere  to  it. 

Mr.  BALDWIN.— The  explanation  of  the  honorable  Senator 
is  right  except  in  one  particular.  He  says,  that  "failing  in  the  mo- 
tion to  postpone  informally,  the  Senator  commenced  a  discussion 
of  the  resolution."  The  laet  is,  a  motion  was  made  by  the  Senator 
from  Mississippi  to  lay  the  resolution  on  the  table  ;  I  urged  upon 
the  Senate  that  it  should  be  postponed  informally,  and  commenced 
statin"  the  arrangement  that  had  been  made  between  the  Senator 
from  Alabama  and  myself.  The  Senator  from  Mississippi  inter- 
rupted me  by  saying  that  the  motion  was  not  debatable.  I  appealed 
to  the  courtesy  of  the  Senator,  not  to  allow  me  to  debate  the  resolu- 
tuion,  but  simply  to  make  the  explanation  in  regard  to  the  arrange, 
ment.  The  Senator  replied  that  it  was  not  a  matter  of  courtesy 
or  something  to  that  effect,  and  upon  that  having  recently  come 
into  the  Senate,  and  not  supposing  that  I  had  the  same  right  to 
persevere  in  making  personal  explanations  that  some  Senators  as- 
sume, I  desisted. 

Mr.  FOOTE.— With  the  consent  of  the  Senator  from  Georgia, 
I  beg  leave  to  ofl'er  a  few  remarks  in  response  to  what  has  just 
fallen  from  the  Senator  from  Connecticut,  whose  allusion  has  been 
both  too  distinct  and  pointed,  to  be  allowed  to  pass  unnoticed  or 
unrebuked.  The  Senator  complains  that  I  did  not  consent  to  his 
addressing  the  Senate,  when,  at  the  instance  of  that  gentletnan, 
the  Wilmot  Proviso  was  before  us,  and  I  had  moved  its  indefinite 
postponement,  (on  the  memorable  morning  of  Mr.  Adams'  lune- 
ral,)  and  when  I  certainly  had  good  reason  to  believe,  that  he  in- 
tended to  torture  us,  and  afflict  the  country  by  a  long,  factious, 
disorganizing  harangue — and  says,  now,  that  he  only  rose  to  make 
an  explanation,  without  designing  to  speak  at  length,  iti  support  of 
his  peculiar  notions  concerning  our  domestic  institutions  in  the 
South.  The  Senator  says  that  when  he  appealed  to  my  courtesy, 
I  replied,  '■  this  is  not  a  question  of  courtesy."  This  is  true,  sir  : 
and  I  adhere  to  what  I  then  said.  The  question  which  I  supposed 
that  the   Senator  wished  to  discuss,  is   with   no   southern  man  a 

Question  of  courtesy,  merely.  It  is  one  which  involves  some  ol  our 
earest  interests,  our  strongest  sensibilities,  and  puts  in  peril  the 
safety  of  the  Union  itself.  It  is  no  question  for  experimental  dec- 
lamation, or  dem  igogueical  parade.  It  is  not  true  in  point  of  fact, 
though,  that  tie  Senator  from  Connecticut,  on  the  occasion  refer- 
red u>,  explained  his  then  purpose,  as  he  has  now  explained  it,  or 
surely  I  should  have  had  no  hesitation  in  permitting  even  him  to  be 
heard.  The  case  is  simply  this.  The  Senator  from  Connecticut, 
for  reasons  best  known  to  himself,  has  thought  proper  several  times 
to  go  out  of  his  way  to  afford  to  southern  Senators,  his  views  on 
the^ubject  of  domestic  slavery,  an  institution  of  which  he  does  not 
know  anything  practically,  and  concerning  which,  it  is  to  be  pre- 
sumed that  his  opinions  can  scarcely  be  of  very  surpassing  value, 
either  to  the  present  generation  or  posterity.  The  bearing  and 
language  of  the  Senator  upon  this  delicate  and  exciting  topic, 
have  been  more  than  once,  fierce  and  menacing.  I  know,  and  the 
Senate  knew  too  well,  the  high  powers  of  the  Senator  as  an  ora- 
tor, his  volcanic  energy  as  a  vehement  and  soul-rousing  dcclaimcr 

the  resistless  majesty  of  his   manner- his  astonishing  command 

of  felicitous  and  glorious  figures  of  speech— his  herculean  potency 
as  a  reasoner,  and  his  wondrous  capacity  for  wielding  with  de- 
structive skill,  all  the  multitudinous  weapons  of  wit,  and  humor, 
and  sarcasm,  to  deem  it  at  all  safe  to  permit  him  to  conjure  up  a 
hurricane  in  this  hall,  whoso  just  effects  mights  be  to  shake  the 
Union  to  its  foundations,  and  bring  down  upon  the  devoted  South, 
all  the  horrors  w-hich  our  enemies  have  long  desired  us  to  experi- 
ence. I  repeat  it,  sir,  I  did  say  that  this  is  no  question  of  courte- 
sy; I  might  have  said  in  addition,  it  is  a  question  of  social  safety— 
and,  with  my  consent,  no  man  in  the  Kepublio  shall  ever  bo  permit- 
ted, eitlier  licre  or  elsewhere,  to  "  scatter  fire-brands,  arrows  and 
death,"  cxpeoting,  after  a  while  to  exclaim  :  "  Am  I  not  in  sport  ?" 
The  Senator  says,  that  being  but  a  new  member  of  the  Senate, 
he  did  not  deem  himself  authorized  to  press  his  claim  to  a  hearing 
as  the  audience  was  refused  him,  so  pertinaciously  as  some  other 
Senators  have  thought  proper  to  do.    J   understand    the  Senator 


April  6.] 


CONGRATULATIONS  TO  THE  FRENCH. 


451 


well,  and  were  I  ten  times  duller  than  I  chance  to  be,  I  could  not 
fail  to  understand  his  allusion  perfectly.  He  desifrns  to  tevive  in 
the  memory  of  Senators  the  unfortunate  collision  between  a  dis- 
tinguished Senator  from  North  Carolina  and  myself,  which,  though 
marked  at  the  time  with  more  or  less  unkindness  on  both  sides, 
has,  I  am  glad  to  know,  resulted  in  no  sentiments  of  permanent 
hostility  or  alienation  on  either  side,  or  any  feelinss  whatever  which 
could  not  easily  give  way  to  that  cordial  friendship  and  reciprocal 
esteem  which,  I  rejoice  to  know,  characterize  our  relations  to- 
wards each  other  at  the  present  moment.  What  right  has  the 
modest  and  peace-loving  Senator  from  Connecticut  to  allude 
to  this  affair  at  all  ?  From  what  order  of  social  morals,  or 
parliamentary  courtesy,  will  he  declare  his  authority  to  mix  him- 
self up  so  abruptly  in  an  affair,  which  in  no  way  stood  connected 
with  him  ?  Really  the  Senator  is  about  the  most  amiable,  and 
modest,  and  unpresuming  Senator  I  ever  saw;  and  I  doubt  not  he 
will  descend  to  the  remotest  posterity  as  ''  the  modest  Senator 
from  Connecticut."  I  rejoice  to  recollect  though,  that  the  Sena- 
tor's modesty  has  not  been  quite  potential  enough  to  restrain  him 
very  strikingly  as  one  of  the  speakers  of  this  body — his  modesty 
has  not  yet  altogether  frozen  his  powers  of  utterance,  or  caused 
that  eloquent  tongue  of  his  to  cleave  obstinately  to  the  roof  of  his 
mouth,  or  even  prevented  him  fcom  delivering  a  very  considerable 
number,  (when  not  under  such  special  inspiration  as  it  is  his  high  lot 
sometimes  to  experience  and  evince,)  of  the  coldest,  crudest,  most 
confused,  luost  tedious,  and  intolerable  harangues  which  have  ever 
re  /eived  utterance  in  a  body  so  grave  and  dignified  as  the  United 
States  Senate. 

Mr.  BALDWIN. — I  wish  to  state  to  the  Senate  that  in  the  re- 
marks I  made,  I  did  not  intend  to  make  the  slightest  allusion  to 
the  Senator  from  Mississippi;  nor  according  to  my  present  recol- 
lection, have  I  ever  made  the  slightest  allusion  to  that  Senator  in 
debate,  neither  is  it  my  intention  ever  to  make  any  allusion  to  him. 

Mr.  FOOTE. — The  Senator  says  ho  did  not  allude  to  me,  and 
"  that  to  the  best  of  his  recollection,  he  has  never  alluded  to  me 
in  debate,"  and  goes  still  farther,  and  announces  the  momentous 
fact  that  he  does  not  intend  ever  to  allude  to  me  hereafter-  Well, 
sir,  this  is  the  most  striking  and  ludicrous  case  of  short  or  conve- 
nient memory.  I  tell  the  Senator,  and  I  gravely  urge  upon  the 
Senate,  that  not  only  did  the  Senator  from  .Connecticut  allude  to 
me,  (a  fact  which  he  has  ventured  to  deny,)  but  that  it  is  utterly 
impossible  that  he  could  have  intended  to  allude  to  any  other  per- 
son. He  referred  most  explicitly  to  a  transaction,  well  recollected 
in  the  Senate,  with  which  my  honorable  colleague,  who  is  present, 
well  knows  he  had  no  particular  connection,  to  wit.,  the  motion  to 
subject  the  Wilmot  Proviso  amendment  to  indefinite  postpone- 
ment; and,  looking  earnestly  at  me,  alluded  to  "  the  Senator  from 
Mississippi"  by  name — complained  vehemently  of  what  was  my 
act,  and  the  act  of  no  one  else — cites  even  the  very  words  I  used 
on  the  occasion  brought  under  review,  and  which  no  other  person 
on  earth  did  use,  to  wit.  that  the  question  then  before  the  Senate 
was  "  not  a  question  of  courtesy;"  and  now,  when  I  respond  to 
him,  the  modest  Senator  from  Connecticut  has  the  audacity  to  de- 
clare, in  full  Senate,  that  he  had  no  thought  of  alluding  to  me  at 
all.  The  predicament  in  which  the  Senator  from  Connecticut 
stands  involved  by  his  temerity  is  such  as  very  much  to  assuage 
any  mortification  which  it  was  natural  for  me  to  experience  at 
bearing  him  announce,  with  such  profound  and  imposing  gravity, 
that  ho  d'd  not  intend  to  allude  to  me  hereafter  !  I  am  of  opinion 
that  the  Senator's  sagacity  lias  been  very  creditably  displayed  in 
the  adoption  of  this  resolution  of  abstaining  in  future  from  all  allu- 
sion to  me  on  the  floor  of  the  Senate.  Unless  his  powers  as  a  con- 
troversialist can  be  hereafter  very  much  impro'cd,  I  shall  certainly 
derive  no  satisfaction  from  his  selection  of  me  as  an  antagonist 
with  whom  to  do  battle  on  this  lofty  arena;  and  I  would  admonish 
him  to  bo  somewhat  more  certain  of  his  facts  hereafter,  before  ho 
ventures  to  assail  the  feeblest  member  of  this  body.  It  is  hardly 
necessary  for  me  to  say  to  the  Senator  from  Connecticut,  that  my 
reputation  as  a  private  gentleman  and  as  a  public  man,  is  not  all 
dependent  upon  his  notice  of  me  here  or  elsewhere.  I  hold  neither 
his  smiles  nor  frowns  to  be  "  guerdon  of  a  glorious  lot;"  nor  is  it 
even  possible  for  the  Senator  either  to  do  any  thing,  or  to  refrain 
from  doing  any  thing,  which  could  either  affect  my  .standing  with 
the  public,  or  come  within  cannon-shot  of  my  sensibilities.  One 
thing  though  is  certain,  and  let  it  never  be  forgotten,  the  Senator 
has  averred  that  he  did  not  allude  to  me  on  a  }iarticular  occasion, 
and  that  he  had  never  heretofore  alluded  to  me;  and  I  have  proved 
by  evidence  irresistible,  that  the  contrary  of  what  the  Senator  averi 
is  the  only  correct  statement,  of  which  the  facts  of  the  case,  as  attest- 
ed by  our  ownrecords  and  reports,  can  possibly  admit. 

Mr.  BALDWIN. — Does  the  Senator  mean  to  say  that  I  alluded 
to  what  passed  between  him  and  the  Senator  from  North  Carolina? 
Why,  It  never  occurred  to  me  for  a  moment !  In  reply  to  the  Sen- 
ator from  Georgia,I  alluded  to  the  fact  that  I  had  requested  the 
Senator  from  Mississippi  to  withdraw  his  motion  to  lay  upon  the 
table.  But  it  never  enteied  into  ray  imagination  to  allude  to  any 
thing  that  had  occurred  between  him  and  the  Senator  from  North 
Carolina. 

Mr.  JOHNSON.— I  must  now  claim  my  right  to  the  floor. 

Mr.  FOOTE. — Allow  me  a  single  minute.  The  Senator  from 
Connecticut  said  at  first  that  he  did  not  intend  to  allude  to  me  at 
all.  He  now  confesses  that  he  did.  "  In  reply  to  the  Senator  from 
Georgia,"  he  now   says,  "  I  alluded  to   the  fact  that  I  had  re- 


quested the  Senator  from  Mississippi  to  withdraw  his  motion  to  lay 
upon  the  table."  So  he  did  allude  to  me  after  all !  But  he  de- 
clares farther,  that  he  did  not  design  to  refer  to  the  affair  between 
the  Senator  from  North  Carolina  and  myself  at  any  rate.  Well,  I 
feel  assured  that  the  whole  Senate  so  understood  him.  But  as  he 
disclaims  it,  I  will  not  press  it  farther.  And  now  I  will  say  to 
the  Senator,  that  from  this  time  forward  forever,  I  am  willing  to 
recognise  him  as  not  saying  any  thing  at  all .  I  certainly  never 
should  have  noticed  what  has  fallen  from  the  Senator  at  any  time 
on  account  of  its  intrinsic  merit;  nor  have  I  been  persuaded  to  do 
so  by  the  attic  elegance  of  his  well-turned  periods,  the  cataractio 

force  of  his  declamations — the  profundity  of  his  argumentation or 

the  imposing  majesty  of  his  most  peculiar  manner.  Had  I  not 
heard  him  utter  sentiments  which  I  held  unworthy  the  dicrnity  of 
this  body — illiberal  and  unjust  towards  a  particular  section  of  the 
confederacy,  whose  interests  have  been  in  part  consigned  to  ri.y 
care,  and  he  stile  to  the  true  honor  of  this  great  nation,  I  should 
never  have  thought  of  remarking  upon  what"  has  at  any  time  been 
offered  as  a  speech  in  this  chamber,  by  the  Senator  from  Connec- 
ticut. But  whether  the  Senator  will  hereafter  refer  to  me  in 
debate  or  not,  I  wish  him  to  understand  that  if  his  course 
here  shall  in  aught  fail  to  harmoniz^  with  what  I  think  it 
should  be,  he 'will  not  hereafter  escape  revision  at  my  hands. 
I  came  here  to  assert  my  own  views  and  those  of  my  hon- 
orable and  loved  constituents  upon  questions  of  high  public 
moment,  boldly,  independently,  and  if  I  should  be  able,  efficiently. 
I  i.-ame  here  to  meet  and  repel  falsehood,  if  it  should  chance  to 
rear  its  serpent  crest  in  my  pathway — to  put  down  calumny — to 
refute  all  unfair  argumentation — to  explode  unsound  doctrine  by 
whomsoever  advanced,  to  the  full  extent  of  my  poor  powers — and 
whether  I  shall  awaken  commiseration  or  provoke  contempt,  be- 
fore God  and  my  country  I  declare,  speaking  from  conscientious 
lips  the  "words  of  truth  and  soberness,"  that,  unmindful  of  those 
ridiculous  airs  of  affected  dignity  which  the  Senator  from  Connec- 
ticut has  so  prettily  played  oti'  before  us,  I  shall,  hereafter  as  here- 
tofore, never  fail  under  any  circumstances  to  castigitte  the  Senator 
fom  Connecticut  or  any  other  Senator  whom  I  hear  tafk  unwor- 
thily or  unpatriotieally  in  this  grand  council-hall  of  the  republic, 
until  I  shall  become  satisfied  that  he  has  received  due  punishment 
for  his  offences.  Yes.  sir,  "I  will  even  beard  the  lion  in  his  den  ;" 
armed  with  the  weapons  of  truth  and  patriotism.  I  will  assail 
any  antagonist  however  potent  ;  if  possible,  I  will  overthrow  him. 
I  will  discomfit  him,  and  if  need  be,  disgrace  him  before  the  whole 
republic. 

Mr.  JOHNSON. — I  congratulate  the  Senate  upon  the  termina- 
tion of  this  dialogue.  I  certainly  did  not  intend  to  do  the  Senator 
from  Connecticut  any  injustice.  It  seems  I  am  mistaken  in  suppo- 
sing the  resolutions  touching  slavery  to  which  I  alluded  were  not 
introduced  that  day,  but  were  called  up  in  their  order,  having  been 
previously  offered.  I  had  not  the  honor  of  a  seat  in  this  chamber 
when  they  were  presented  to  the  Senate,  and  not  having  heard 
anything  of  them  prior  to  that  time,  my  error  was  natural.  But 
I  must  be  permitted  to  say  that  the  course  of  that  Senator,  and  the 
earnestness  which  he  exhibited  in  reference  to  the  disposition  of 
the  resolutions,  struck  ray  mind  as  being  in  bad  taste,  to  say  the 
least.  And  judging  from  the  expressions  of  other  Senators  on  the 
occasion,  I  am  sure  I  was  not  singular  in  this  impression.  I  re- 
member well  the  earnest  remonstrance  of  the  honorable  Senator 
from  Texas,  [Mr.  RusK,]  against  so  exciting  a  topic,  at  a  time 
of  such  solemnity— a  topic  which  he  feared  might  shake  the  Union 
from  its  centre  to  circumference.  I  remember  well  the  emphatic 
tone  in  which  the  honorable  Senator  from  Ohio,  [Mr.  Allen,] 
moved  to  lay  the  resolutions  "on  the  table,  now  and  forever." — 
But,  sir,  it  affords  me  pleasure  to  be  relieved  from  any  erroneous 
impressions  I  may  have  entertained,  by  the  explanation  of  the  Se- 
nator from  Connecticut.  And  whilst  I  regret  the  fallacy  and  dan- 
ger of  the  doclrines  which  he  maintains  and  desires  to  be  adopted 
ijy  Congress,  I  give  ample  confidence  to  the  explanations  by  which 
he  exonerates  himself  from  the  imputation  of  seeking  to  violate  the 
solemnities  of  the  occasion  referred  to,  by  the  discussion  of  the 
subject  at  that  time. 

But,  sir,  I  cannot  be  mistaken  as  to  the  character  of  the  amend- 
ment to  these  resolutions  by  the  Senator  from  New  Hampshire, 
[Mr.  Hale.]  If  there  were  any  doubt  as  to  the  amendment  it- 
self, the  speech  by  which  ho  has  sought  to  sustain  it,  discloses  fully 
the  objectwhieh  it  contemplates.  Did  that  Senator  suppose  that 
such  a  movement  would  receive  the  sanction  of  this  body? — a 
movement  which  congratulates  the  French  people  upon  a  decree 
of  the  provisional  government  for  the  euiancipatinn  of  slaver}'  in 
the  French  colonies  ?  Then  why  offer  such  an  amendment  on  this 
occasion?  Have  we  any  right  to  interfere  in  any  manner  whatever 
with  the  internal  affairs  of  France  or  any  other  nation'  Is  it  a 
matter  of  any  concern  to  us  whether  the  new  republic  shall  or  shall 
not  tolerate  involuntary  servitude?  Sir,  slavery,  from  its  very  na- 
ture, is,  and  must  always  be,  a  municipal  regulation;  and  I  dee^ 
ly  deplore  any  attempt  to  seduce  the  government  of  the  United 
States  to  express  any  sentiment  in  relation  to  its  existence  in  this 
or  any  other  country.  I  did  hope  that  we  might  all,  on  this  great 
occasion  of  national  congratulation,  harmonize  as  brethren  of  the 
same  great  political  family,  and  for  once  lorget  all  party  distinc- 
tions and  local  prejudics,  and  give  prompt  and  cordial  utterance 
to  the  sympathies  of  the  American  people  in  behalf  of  France. — ■ 
But  it  seems  that  this  hope  may  not  be  realized.  The  Senator 
from  New  Hampshire  can  see  but  little,  if  anything  in  the  late 
French  revolution,  save  the  decree  providing  lor  the  abolition  of 


452 


CONGRATULATIONS  TO  THE  FRENCH. 


[Thursday, 


slavery,  worthy  of  our  concratulations.  Sir,  if  tliere  be  any  one 
feature  calculated  to  create  a  doubt  in  my  mind  of  the  final  success 
of  this  preat  movement  it  is  this.  It  looks  like  seekinc;  to  accom- 
plish loo  much  at  a  single  blow — it  looks  a  little  as  if  the  spirit  of 
fanaticism  is  not  entirely  absent  I'rom  the  popular  mind  of  France. 
But  this  shall  not  produce  the  least  hesitation  in  my  mind  to  vote 
for  these  resolutions.  I  should  not  have  alluded  to  ihe  amendment 
of  the  Senator  from  New  Hampshire,  hut  ■  that  I  feel  it  my  duty 
as  a  southern  man,  on  all  occasions,  not  only  to  record  my  vote 
against  the  principle  which  it  contains,  but  to  express  as  far  as  I 
can  find  adequate  language,  my  utter  condemnation  of  the  spirit 
of  fanaticism  in  which  it  originates. 

Sir,  I  repeat,  our  government  is  already  committed  to  the  senti- 
ments expressed  by  these  resolutions.  It  is  committed  by  the 
laudable  and  manly  conduct  of  Mr.  Rush,  and  its  approval  by  the 
Executive.  Their  rejection  is  condemnation  of  our  minister  ;  and 
I  sincerely  believe,  unjust  to  the  universal  sentiments  of  the  Amer- 
icah  people.  Can  we  hesitate,  can  we  for  a  moment  doubt  the 
propriety  of  adopting  these  resolutions.  For  one,  I  cannot,  I  am 
prepared  to  vote  for  either  set  of  resolutions,  and  as  between  the 
two,  I  prefer  those  reported  by  the  Committee  on  Foreign  Rela- 
tions. 

Mr.  PHELPS. — I  shall  trespass  but  a  few  moments  upon  the 
attention  of  the  Senate,  and  I  would  not  hiivc  made  any  remarks 
at  all  were  it  not  tor  the  motion  of  the  cliairman  of  the  Committee 
on  Foreign  Relations,  that  the  vote  is  to  be  taken  today.  The 
attention  of  the  Senate  has  been  directed,  in  the  course  of  the  de- 
bate, to  a  variety  of  co'lateral  matter  which  renders  it  necessary 
that  I  should  make  some  exjilanation  with  regard  to  my  own  posi- 
tion  and  the  ccrurse  which  1  am  about  to  take.  I  do  not  often 
trouble  the  Senate  with  explanations  of  my  votes,  and  for  the  most 
obvious  reason  that,  in  general,  the  course  which  members  take  is 
not  likely  to  be  misconceived.  Upon  the  present  occasion,  how- 
ever, some  explanation  seems  to  be  necessary.  I  do  not  desire  to 
be  set  down  as  hostile  to  the  advancement  ol  liberal  princijdcs,  nor 
as  advocating  the  perpetuity  of  despotism  or  despotic  institutions. 
I  rejoice  in  the  progress  of  liberal  principles.  My  attachment  to 
liberty  has  been  confirmed  by  the  experience  and  reflection  of  my 
life  ;  but  on  ihe  other  hand,  I  do  not  desire  to  witness  the  supre- 
macy of  the  mob.  I  must  pause  before  1  pronounce  a  decided 
opinion  upon  a  revolution  so  unexpected  and  coming  like  an  earth- 
quake. Who  amongst  us  can  anticipate  the  results  of  such  a  re- 
volution ?  You,  sir,  and  I  are  old  enough  to  have  witnessed  revo- 
hition  after  revolution.  We  have  seen  the  world  in  commotion. 
We  have  witnessed  a  revolution  in  France  by  which  the  sympa- 
thies of  the  American  people  were  greatly  excited,  and  which 
proceeded  step  by  step,  from  anarchy  to  an  iron  despotism. 
We  saw  afterwards  the  despotism  that  had  threatened  Europe  and 
the  world  tumbled  into  insignificance  by  this  spirit  of  revolution. 
Now  we  behold  the  very  man  who  was  elevated  to  the  throne  by 
the  revokuionary  movement  of  the  French  people,  driven  forth  a 
wanderer  by  the  very  same  people.  It  is  impossible  then  to  trace 
the  results  of  this  revolution.  Others  may  be  confident,  but  before 
I  express  any  opinion  I  desire  to  be  permitted  to  consult  mv  own 
judgment.  That  the  revolution  may  result  in  good  is  my  fervent 
prayer.  I  will  rejoice  as  much  as  any  other  man  upon  this  floor 
to  see  it  result  in  the  estalilisliment  of  a  constitutional  government 
like  our  own  over  a  people  like  our  own  ;  a  people  not  only  bles- 
sed with  free  institutions,  but  capable  of  sustaining  them.  True 
I  perceive  great  dilVerences  between  the  present  movement  in 
France  and  those  which  have  preceded  it.  There  is  not  now  that 
disorganization  of  society — the  wretched  philosophy — the  spirit  of 
vengeance — which  characterized  the  first  revolution  ;  but  still,  I 
repeat,  I  must  be  allowed  to  pause  before  I  pronounce  a  decided 
judgment  upon  the  character  of  the  present  movement. 

When  we  come  to  examine  this  revolution — I  will  not  say  a  re- 
volution by  a  mob  but  by  a  collection  of  the  masses — and  find  that 
its  first  feature  was  the  sacking  of  the  Tuilleries  and  the  emptyinn- 
of  its  cellars,  I  do  not  see  a  very  favorable  indication  of  a  fortu- 
nate result.  We  have  not  yet  seen  a  government  established, 
therefore,  I  desire  to  wait  until  we  ascertain  whether  this  violent 
commotion  results  in  peace,  good  order,  stable  government  and 
security  of  person  and  property.  I  desire  to  wait  until  I  see  indi- 
cations that  the  experiment  is  likely  to  be  successful.  Mere  revolu- 
tion is  not  enough  to  command  the  congratulations  and  sympathies 
of  this  people.  A  few  years  since  the  sympathies  of  the  American 
people  and  of  the  American  Congress  were  expressed  in  behalf  of  the 
South  America  States.  I  need  not  go  into  an  examination  of  the  result 
of  that  resolution.  It  is  now  one  ol  the  strong  arguments  in  support 
of  this  war,  that  we  shall  take  into  our  hands  the  government  of  this 
poor  miserable  people,  incapable  of  governing  themselves,  to  whom 
wo  offered  but  a  few  short  years  ago  our  heartfelt  congratulations 
upon  their  success  in  esfiblishing  tree  and  republican  institutions. 
Were  we  confident  that  the  revolution  in  France  would  result  in 
good,  in  the  establishment  of  liberty  and  the  advancement  of  the 
tfht  interests  of  France,  I  would  not  lor  one  moment  defer  our  ac- 
tion, but  I  cannot  tender  our  congrulnlutions  when  the  result  may 
turn  out  to  be  not  at  all  palatable  to  an  American  Senate.  We 
have  yet  to  see  the  formation  of  a  constitutional  Government  in 
France.  These  individuals,  thrown  up  in  the  agitation  of  a  mo- 
ment, and  calling  themselves  a  provisional  government  do  not 
constitute  such  a  government  as  can  be  recognized  as  the  creation 
of  the  people  according  to  any  constitutional  rules.  I  trust  the 
national  convention  may  succeed  in  forming  and  establishing  upon 
»  permanent  basis  a  constitutional  government.     I  have  my  doubn 


as  to  the  success  of  universal  suffrage  spread  over  that  population 
of  thirty  millions.  I  have  mv  doubts  as  to  the  qualifications  of  the 
men  into  whose  hands  will  be  entrusted  the  administration  of  re- 
publican institutions.  We  are  in  the  midst  of  an  experiment  then, 
which  has  never  yet  succeeded  upon  the  Continent  of  Europe,  ana 
in  the  face  of  all  experience  we  are  called  upon  thus  precipitately 
to  lender  our  congratulations.  Why,  sir,  there  was  a  revolution 
once  in  England.  Charles  X,  lost  his  head,  a  commonwealth  was 
established,  and  it  endured  only  while  Cromwell  lived:  With  his 
death  the  commonwealth  came  to  an  end,  and  royalty  was  again 
in  the  ascendant — lor  good  or  for  evil — some  good  grew  out  of  it 
because  the  adherents  and  followers  of  Cromwell  took  refuge  upon 
this  continent  and  laid  the  foundations  of  the  liberty  which  we  now 
enjoy.  We  present  in  this  country  the  only  example  of  a  people 
enjoying  self-government  and  capable  of  maintaining  it.  I  have 
yet  to  learn  where  the  people  in  Europe  are  to  be  tbund  who  havo 
tried  this  experiment  successfnily.  I  repeat  the  expression  of  ray 
fervent  desire  that  the  experiment  may  now  succeed  in  France,  and 
I  have  alluded  to  her  fo'iner  attempts  to  establish  free  institutions 
as  an  admonition  to  caution  and  deliberation  in  our  procedure. 

I  havo  thus  explained,  sir,  my  position  upon  this  question.  I 
cannot  vote  for  the  resolution  without  such  explanation,  and  I  can- 
not say  ''no"  to  this  resolution  because  I  cannot  be  supposed  to  en- 
tertain sentiments  adverse  to  the  progress  of  civil  liberty,  good 
government,  and  human  freedom.  I  vote,  therefore — if  I  vote  at 
all — ill  favor  of  the  resolution  with  this  explanation,  an  explana- 
tion which  I  might  perhaps  have  given  in  fewer  words  by  simply 
saying,  in  the  language  of  a  distinguished  editor,  Nous  vcrront. 

Mr.  HOUSTOX  then  rose  and  said  that  he  desired  to  mak:  a 
few  remarks  on  the  subject  before  the  Senate,  but  as  the  hour  wa» 
late,  he  would,  with  the  indulgence  of  the  Senate,  move  an  ad- 
journment. 

Mr.  HANNEGAN. — Will  the  Senator  withdraw  his  motion  for 
a  moment  ? 

Mr.  HOUSTON.— Certainly,  sir. 

Mr.  HAJ>JNEGAN.— T  hope  that  the  Senate  will  not  adjourn, 
but  will  at  once  act  on  one  or  other  of  these  resolutions.  I  would 
call  the  attention  of  the  honorable  gentleman  to  the  fact  that  on 
Monday  last,  by  a  vote  of  this  body,  we  refused  to  considei  the 
resolution  of  the  Senator  from  Ohio,  and  the  intelligence  went  out 
to  Europe  by  the  steamer  of  yesterday.  On  Saturday  next  at 
noon,  another  steamer  sails  for  Europe,  and  if  we  act  to-day  I  am 
assured  that  the  intelligence  will  reach  the  "Cambria"  in  lime  to 
be  conveyed  by  her.  If  we  do  not  act  to-day,  it  is  certain  that  our 
action  must  be  deferred  till  after  the  meeting  of  the  French  Na- 
tional Convention,  for  the  simple  reason  that  many  of  us  are  in 
honor  committed  to  the  Senator  from  Kentucky,  [ftlr.  Critten- 
den,] to  proceed  to  the  considerationof  the  Judiciary  Bill  to  mor- 
row and  on  Saturday.  I.  myself,  am  thus  committeci  to  the  Sena- 
tor from  Missouri,  [Mr.  Benton,]  to  go  with  him  for  the  taking 
up  of  the  California  Bill  next  week.  The  question  then  is,  action 
now  or  not  at  all. 

Mr.  HOUSTON. — I  disclaim  any  intention  of  delaying  action 
on  this  subject  ;  nor  have  I  the  least  hesitation  in  the  course  which 
I  shall  take.  I  shall  vote  for  the  resolution,  and  intend  to  give  it 
all  the  support  which  it  is  in  my  power  to  extend  ;  but  it  really 
seems  to  me  to  be  impossible  to  terminate  the  discussion  to-day. 
The  President's  message  will  go  by  the  "Cambria"  and  th  t  will, 
I  am  inclined  to  think,  afford  a  pretty  fair  indication  of  the  feeling 
of  the  American  people.  In  that  document,  the  President  has  an- 
nounced that  he  has  recognized  and  approved  the  action  of  our 
minister  in  Paris.     I  therefore  renew  my  motion. 

The  yeas  and  nays  were  called  for,  but  the  motion  was  with- 
drawn. 

Mr.  UNDERWOOD  renewed  the  motion,  and  remarked  that 
the  argument  of  the  chairman  of  the  Committee  on  Foreign  Re- 
lations did  not  apply,  as  the  joint  resolution  could  not  go  out  in 
the  Cambria.  It  had  first  to  receive  the  action  of  the  House  of 
Representatives. 

Mr.  DOWNS. — The  action  of  the  Senate  can  be  conveyed  to 
Europe. 

Mr.  UNDERWOOD.— That  can  be  communicated  by  tele- 
graph to-morrow  in  season  to  reach  the  steamer. 

Mr.  HANNEGAN. — If  the  Senator  from  Kentucky  will  give 
me  leave,  I  will  state,  in  reply  to  the  remark  which  lie  has  |ust 
made  in  reference  to  a  telegraphic  despatch,  that  I  was  apprised 
last  night,  and  ha\e  been  again  informed  to-day.  that  in  case  the 
resolution  passed  the  Senate  to-day,  a  copy  of  it  will  be  transmit- 
ted to  New  York  by  express  in  time  to  reach  the  "Cambria." 

Mr.  UNDERWOOD.— I  renew  my  motion. 

The  yeas  and  nays  bein^  called  for  and  seconded,  were  ordered 
and  taken  with  the  following  result : 

YEAS. — Messrs.  Uadger,  naldwin,  Butler,  Greene,  Hale.  Phelps,  Spruftnce,  Belt, 
I'nderwood. — 'J 

NAVS — Messrs.  .MIeii,  Ashley.  Atcliison.  .-Xtlierton,  Bnj;bv.  Benton.  Brewie, 
Clarke,  Crittenden,  Davis,  of  Miss.,  Dickinson,  Ihx,  I)oiif;las,  Downs.  Felcli.  Foote, 
Hanne^an,  Johnson,  of  Md..  Jolinson,  of  fJa.,  I^lasoD,  Moor,  Miles,  Rusk,  Toraoy, 
VVestcoll— 2(i. 

So  the  Senate  refused  to  adjourn. 

Mr.  UNDERWOOD.— I  would  ask  if  the  motion  to  postpone 
the  consideration  of  the  subject  till  the  tirst  of  June  be  still  pending. 


April  6.] 


CONGRATULATIONS  TO  THE  FRENCH. 


453 


The  PRESIDING  OFFICER.— It  is  not  now  pending. 

Mr.  UNDERWOOD — T  remarked  the  other  day,  that  France 
had  signally  failed  to  establish  a  republic.  It  was  not  my  design, 
howerer,  to  convey  the  idea  that  since  1789,  France  had  made  no 
profiress  in  improving  her  social  and  political  condition.  I  simply 
mtended  to  communicate  the  idea,  that  in  her  efforts  to  establish 
a  republic  she  had  signally  failed,  and  my  object  now  is  to  prove 
It,  and  to  slate  the  reason  why  she  has  failed.  If  the  report  of 
this  debate  should  ever  be  read  in  France,  it  would  give  me  great 
pleasure  if  the  few  remarks  which  I  intend  to  make  cnuld  he  con- 
considered  by  the  French  people,  for  in  them,  I  believe,  if  they 
■were  duly  weighed,  they  would  find  something  to  aid  them  in  their 
effort  to  establish  liberty,  as  the  great  principles  to  which  I  do- 
sire  to  direct  your  attention  are  everywhere  absolutely  indispen- 
sable, alike  in  the  establishment  and  maintenance  of  free  institu- 
tions. 

It  is  altogether  a  mistake  to  suppose  that  in  regard  to  the  ab- 
stract rights  of  man,  the  French  people — at  least  a  certain  portion 
of  them — have  not  been  perfectly  well  informed  since  1789.  Since 
this  subject  has  been  presented  the  other  day.  I  have  refreshed  my 
recollection  by  examing  some  of  the  historical  works  in  the  Libra- 
ry,  and  I  have  found  ihat  m  all  ihe  various  constitutions  adopted  by 
the  French  people,  the  rights  of  the  ciiizen  are,  perhaps,  just  as 
clearly  defined  as  they  are  in  the  constitution  of  the  United  States. 
The  rights  of  life,  property,  and  personal  liberty  are  fully  defined; 
and  in  some  of  these  conslitulions  there  is  a  division  of  the  gov- 
ernment into  the  several  departments  of  legislative,  judicial,  and 
executive.  Now  what  is  the  reason  that  these  constitutions  have 
not  been  executed?  It  has  been  the  fault  of  the  people.  The 
failure  is  not  traceable  to  any  defect  in  the  principles  announced 
and  laid  down,  but  to  the  individuals  who  have  been  incapable  of 
maintaining  these  principles  and  administering  the  government  es- 
tablished upon  these  foundations.  Allow  me  to  give  a  lew  in- 
stances of  the  inability  of  the  French  people  to  tarry  out  the  prin- 
ciples which  they  themselves  had  embodied  in  their  written  con- 
stitutions. France  adopted  a  constitutional  monarchy  by  the  writ- 
ten constitution  of  3d  September,  1791,  vihich  was  the  result  of 
three  years  labor.  Under  this  constitution  one  legislative  or  na- 
tional assembly  of  seven  hundred  and  fifty-hve  members,  whose 
unctions  were  to  terminate  at  the  close  of  every  second  year,  was  es- 
tablished. This  constitution  provided  for  a  monarchv,  but  the  King 
was  only  to  reign  by  the  law  and  by  its  sanctions.  The  King  might 
recommend  subjects  of  consideration,  but  the  national  assembly 
only  conld  propose  and  decree  the  laws.  The  power  of  war  and 
peace  and  the  ratification  of  treaties  were  taken  from  the  King 
and  put  under  the  jurisdiction  and  control  of  the  national  assembly. 
The  ai'solute  negative  or  veto  was  taken  from  the  King,  but  he 
might  suspend  until  the  two  successive  legislatures  presented  the 
same  law,  when  he  was  bound  to  give  his  assent.  When  three 
successive  legislatures  deemed  amendments  of  the  constitution  ne- 
cessary, a  convention  or  assembly  of  revision  was  to  be  elected 
for  the  purpose  of  amending  or  reforming  the  constitution,  but 
their  proceedings  were  to  be  obligatory  without  submittincf  them 
to  the  sanction  of  the  King. 

On  the  1st  of  October,  1791.  the  national  assembly  convened 
under  the  new  constitution.  A  decree  or  law  against  the  emigrants 
was  presented  for  the  approval  of  the  King.  He  refused  to  give 
his  assent.  On  the  30th  of  May,  1792,  the  assembly  decreed  the 
dissolution  of  the  King's  guard.  On  the  20th  of  June,  1792,  an 
insurrection  commenced  against  the  King  and  constitution,  which  be- 
came perfectly  successful  on  the  lOtb  of  Autrust,  by  two  decrees, 
one  suspending  the  (unctions  of  the  King  and  the  other  ordering 
the  convocation  of  a  new  national  convention.  On  the  2d  and  3d 
of  September  horrible  massacres  commenced.  On  the  21st  of 
September  the  convention  held  its  first  session  and  abolished  roy- 
alty.    On  the  25tli  of  September  a  republic  was  proclaitned. 

Having  passed  through  scenes  of  horror,  on  the  24th  of  June 
1793,  a  constitution  for  a  republic  was  presented  to  the  people,  be'- 
ginning  with  an  excellent  declaration  of  rights  in  which  four  terms, 
"equality,  liberty,  safety,  and  property''  embraced  all.  The  terms 
are  now  reduced  to  three,  "liberty,  equality,  and  fraternitv."  The 
constitution  of  the  24th  of  June,  1793,  in  place  of  the  King  sub- 
stituted an  executive  council  of  twenty-four  members,  to  be  chosen 
by  the  legislative  body  from  candidates  nominated  by  the  electoral 
assembly  of  the  departments.  This  constitution,  it  is  believed 
was  never  put  into  operation,  but  was  superseded  by  a  decree  of 
the  lO'h  of  October,  1793,  vesting  all  authority  in  a  committee  of 
public  safety  until  peace  should  take  place.  On  the  16th  of  Oc- 
tober, 1793,  Marie  Antoinette  was  beheaded.  On  the  lOth  of 
June,  1794,  the  revolutionary  tribunal  to  punish  the  "enemies  of  the 
people"  was  created,  and  this  'ribunal  sent  to  the  guillotine  all  those 
suspected  of  being  aristocrats.  Blood  flowed  in  torrents.  The 
Christian  religion  was  torn  down  and  denounced,  the  "goddess  of 
reason"  was  set  up,  and  Robespierre  celebrated  the  f^e  or  proces- 
sion in  honor  of  the  Supreme  Being. 

On  the  22d  of  August,  1795,  a  new  constitution  was  presented 
with  another  excellent  bill  of  rights.  This  constitution  made  some 
progress.  It  divided  the  legislative  body  into  a  council  of  ancients 
and  the  council  of  five  hundred,  and  prohibited  their  members  from 
exercising  executive  or  judicial  functions.  The  council  of  ancients 
was  to  consist  of  two  hundred  and  fifty  members,  not  less  than 
forty  years  of  age.  The  members  of  the  council  of  five  hundred 
were  required  to  be  thirty  )-ears  old.  The  council  of  ancients 
could  only  approve  or  reject  the  resolutions  of  the  council  of  five 
hvmdred.    Under  this  constitution  the  executive  power  was  vested 


in  five  directors,  to  be  chosen  by  the  council  of  ancients  from  ten 
persons  nominated  by  the  council  of  five  hundred.  This  constitu- 
tion was  adopted  by  the  people,  by  a  vote  of  1,057,390  to  49,977, 
and  went  into  operation. 

Soon,  however,  the  two  chambers  began  to  disagree;  the  direc- 
tors exercised  the  most  tyrannical,  powers;  two  of  the  directors, 
fifty-two  members  of  the  councils,  and  scores  of  other  citizens  were 
transported  to  Guiana,  in  South  America.  At  length,  in  the  midst 
of  every  sort  of  confusion,  Bonaparte,  in  November,  1799,  puts  an 
end  to  the  council  of  five  hundred  and  the  directory  with  the  bayo- 
net, and  another  constitution,  on  the  13th  of  December,  1799  was 
promulgated.  This  constitution  established  the  three  consuls  for 
ten  years  indefinitely  re-eligible,  with  Napoleon  as  premier  a  se- 
nate of  eighty  members  for  life,  and  a  tribunate  of  one  hundred 
members  to  be  kept  up  by  electing  a  fifth  part  yearly,  its  members 
indefinitely  re-eligible,  anil  a  legislative  body  of  three  hundred  mem- 
bers. By  this  constitution  the  consuls  alias  the  government  were 
to  propose  all  laws.  The  tribunate  might  discuss  them  and  by  a 
vote  adopt  or  reject.  The  tribunate  were  to  send  three  speakers 
to  the  legislative  body  to  explain  its  views  in  regard  to  the  projects 
of  law  proposed  by  the  councils  and  the  legislative  body  was  to 
decide  without  discussion.  The  senate  was  to  have  a  supervision 
of  the  acts  of  the  legislative  body  and  of  the  government,  and  to 
decide  their  constitutionality,  and  to  suggest  what  laws  ought  to 
be  proposed,  and  what  laws  ought  to  be  passed,  and  what  improve- 
ments ought  to  be  undertaken.  The  senate  was  chiefly  an  advi- 
sory, but  not  an  authoritative  bc.dy.  This  consular  constitution 
was  adopted  by  3,011,007  votes  to  562.  The  senate  became  all 
powerful  in  overturning  republicanism  and  establishing  the  empire. 
On  the  18th  of  May,  1804,  the  senate  amended  the  coiistitution  and' 
made  Napoleon  Emperor  as  the  head  of  a  new  dynasty,  and  made 
many  other  changes  to  establish  the  empfre.  Once  more,  on  the 
22d  of  April,  1815,  Napoleon  "  Emperor  by  the  grace  of  God  and 
the  constitution"  gave  a  long  amendment  to  the  organic  law.  This 
was  during  the  one  hundred  days'  reisn. 

On  the  4th  of  June,  1814,  Louis  the  XVIII,  after  he  was  placed 
on  the  throne  by  the  allies,  gave  the  French  people  a  constitution 
and  on  the  9th  of  August,  1830,  Louis  Philippe  adopted  a  cousti- 
tion,  which  tlie  late  revolution  has  subverted. 

I  have  thus  briefly  reviewed  the  forms  and  the  fate  of  the  va- 
rious constitutions  which  the  people  of  France  have  adopted  from 
time  to  time.  It  will  be  at  once  perceived  that  the  failure  of  the 
French  people  to  establish  liberal  institutions  heretofore  has  not 
been  owing  to  their  ignorance  of  the  principles  of  free  government. 
The  grand  point  to  which  the  attention  should  be  directed  is  the 
necessity  of  unwavering  adherence  to  the  principles  of  free  gov- 
ernment. Would  to  God  I  could  impress  on  every  man  in  France 
the  importance  of  that  adherence  !  Every  where,  when  the  rights 
of  man  are  involved,  at  home  or  abroad,  the  paramount  duty  is  to 
obey  a  rule.  We  have  French  Dorrism  in  America,  and  wiierever 
it  exists  the  stability  of  government  is  threatened.  Unless  the 
principles  of  free  government  be  adhered  to,  there  can  be  no  liberty. 
The  French  people  have  heretofore  committed  the  fatal  error  of 
allowing  legislative  assemblies  to  be  supreme.  Unless  they  can 
now  act  with  deliberation,  good  sense  and  strict  fidelity  to  princi- 
ple and  rule,  there  is  no  hope  for  them;  and  I  wish  them  to  know 
that  as  an  American  Senator  that  it  is  my  earnest  wish  that  they 
may  so  act. 

With  respect  to  the  resolutions  before  us,  I  was  of  opinion  that 
we  should  have  postponed  any  action  on  them  until  the  future  had 
been  somewhat  more  clearly  indicated.  But  it  is  manifest  that 
the  Senate  >vill  act  immediately.  I  shall  not  renew  my  motion  to 
postpone,  whicli  I  am  informed  is  no  longer  pendincr.  I  shall  vote 
for  the  resolution  on  the  ground,  that  every  effort  made  by  any  peo- 
ple to  obtain  free  government  does  aid  in  qualifyinrr  them  for  sus- 
taining popular  institutions.  The  effort  itself,  even  if  unsuccess- 
ful, is  salutary.  It  is  like  the  child  learning  its  lesson  Nations 
cannot  be  taught  the  principles  of  liberty  in  a  day.  We  did  not 
so  acquire  our  liberties.  Our  progress  was  gradual,  until  now  the 
principles  of  free  government  have  taken  deep  root  in  the  Ameri- 
can mind. 

If  the  expression  of  our  sympathy  will  afford  any  encourage- 
ment and  support  to  the  French  people,  they  will  have  it  with  all 
my  heart  It  is  my  fervent  prayer,  that  they  may  be  imbued  with 
that  spirit  and  those  principles,  by  which  alone  their  success  can 
be  anticipated  and  secured!  But  in  justice  to  myself,  I  have 
deemed  it  proper  to  make  these  remarks  in  order  to  exhibit  the 
ground  on  which  I  desired  a  postponement  of  our  action. 

Some  conversation  then  took  place  relative  to  a  few  verbal  alte- 
rations in  the  resoliitiou  reported  bv  the  Committee  on  Foreign 
Relations,  which  had  been  suggested,  and  in  which  the  chairman 
expressed  his  concurrence. 

The  question  being  called  for  by  several  Senators,  it  was  taken 
on  the  following  amendment  ofl'ered  by  the  Senator  from  Ne«- 
Hampshire,  [Mr.  Hale.] 

Add  in  tlie  8tli  line,  after  t!ie  word  government,  tliese  words  : 

•'And  manifestins;  the  sincerity  of  tlieir  purpose  bv  inslilntinj!  rae.isni*s  for  the  im- 
mediate eiiianeipatton  ol  Ilie  slaves  ot'  ail  tiie  colonies  of  tlie  repoblic." 

The  yeas  and  nays  were  demanded,  and  being  seconded  were 
ordered  and  taken  with  the  followimr  result  • 

VEAS.— Mr.  Plielps.— 1.  ° 

NAYS.— Messrs  Allen,  Atlierton,  Bell,  Brailbnry,  Breete,  Bntler,  Calboun,  CaM,' 
Crittenden,  Davis,  of  Mississippi,  Dicltinsoo.  Dix,  Douglas,  Downs,  Felch,  Foote,' 
Hanneean,  Houston.  Johnson,  of  Maryland,  Johnson,  of  Geor^a,  Lewis,  Mason, 
Moor,  Nilei,  Rusk,  Spruance,  Underwood.  Westcolt.— 28. 

So  the  amendment  was  rejected. 


454 


CONGRATULATIONS  TO  THE  FRENCH. 


[Thursday, 


Mr.  CASS. — Mr.  President,  I  do  not  mean  to  exhibit  so  much 
want  of  tact,  as  to  make  a  formal  speech  upon  this  subject,  when 
the  Senate  is  evidently  impatient  to  come  to  a  decision.  I  have 
but  little  to  say,  and  that  little  I  shall  say  briefly.  It  concerns 
rather  the  preference,  which  I  have  for  the  resolution  of  the 
Senator  from  Ohio,  over  the  resolutions  of  the  committee,  than  the 
general  topic  under  disciission  to  which  there  appears  to  be  little 
positive  objection. 

What  do  we  propose  to  do  sir?    To  congratulate  the  French  peo- 


ple upon  the  liberty  which  ihey  have  just  acquired,  and  the  free 
principles  they  have  established  as  the  basis  of  their  government. 
We  believe  that  our  congratulations  at  this   time  will  not  only  be 


acceptable  to  them,  but  useful  to  the  great  cause  of  freedom 
throughout  the  world.  This  tribute,  from  the  oldest  and  unfortu- 
nately I  may  add,  from  almost  the  only  republic  free  from  internal 
dissentions,  to  a  great  nation  just  entering  into  the  career  of  self- 
government,  will  be  received  and  welcomed  in  France  as  a  proof 
of  interest  and  solicitude,  naturally  arising  out  of  the  past,  and 
encouraging  for  the  future.  And  especially  will  it  be  acceptable 
at  the  comnftncement  of  the  great  work,  when  the  new-born  re- 
public finds  itself  surrounded  with  powerful  monarchical  govern- 
ments, jealous  of  the  progress  of  liberty,  and  whose  very  existence 
may  be  put  to  hazard  by  the  portentous  event,  which  is  fixing  the 
gaze  of  mankind.  The  expression  of  our  sentiments  under  these 
circumstances  was  a  duty  due  to  France,  to  ourselves,  and  to  the 
great  cause  of  human  freedom  ;  but  that  duty  has  become  still 
more  inijierative  by  the  discussion  in  which  we  are  now  engaged. 
We  cannot  halt  in  our  course,  and  withhold  our  congratulations, 
without  givingjhe  most  serious  olfence  to  the  French  people,  and 
without  in  fact  announcing  to  the  world  that  the  struggle  in  which 
ihey  are  engaged,  will  terminate  unfortunately,  and  that  they  are 
unfit  for  those  political  blessings,  which  their  fathers  aided  our 
own  to  acquire,  and  which  we  hope  will  go  down  unimpaired  to 
the  latest  posterity.  And  what  is  the  objection  to  the  annunciation 
by  Congress  of  that  sympathy  wliich  the  American  people  feel  so 
deeply,  and  express  so  plainly  ?  I  see  none  sir.  None  at  all. 
There  is  no  internal  dispute  in  France  as  to  its  government.  There 
is  no  contest  between  authority  on  one  side,  and  rebellion  or 
revolution  on  the  other.  The  old  government  has  disappeared. 
The  dynasty  of  the  younger  branch  of  the  family  of  the  Bourbons 
has  passed  into  history,  as  much  as  the  dynasty  of  the  older  branch; 
or  as  that  of  Napoleon;  aye  as  much  as  the  dynasty  of  the  Pharoahs. 
The  wise  man  tells  us,  that  there  is  a  time  for  all  things.  These 
things  have  had  their  time,  and  that  time  has  passed  away.  It  is 
with  the  years  beyond  the  flood.  The  people  of  France  have  re- 
sumed that  power  which  belongs  to  them,  and  I  hope  and  trust 
they  will  exercise  it  wisely,  and  provide  for  the  establishment  of  a 
government  protecting  the  rights  of  all,  and  securing  internal 
peace  and  social  order. 

I  prefer  the  original  resolution  of  the  Senator  from  Ohio  to  that 
reported  by  the  committee.  I  do  not  think  it  is  liable  to  the  ver- 
bal criticism  with  which  it  has  been  assailed.  I  think  its  meaning 
IB  clear  and  obvious.  It  founds  our  congratulations  upon  the 
successful  elTorts  of  the  French  people  to  consolidate  or  strengthen 
liberty  by  the  establishment  of  its  just  principles.  This  is  definite 
and  true,  and  its  great  merit  in  my  eyes  is,  that  it  throws  no  doubt 
upon  the  future.  And  because  the  other  resolution  does  so,  is  one 
principal  reason  why  I  object  to  it.  It  speaks  of  what  has  been 
done  *'thus  far,"  and  uses  other  terms  of  uncertainty. 

Mr.  President,  doubts  hang  over  this  revolution,  as  they  hang 
over  all  the  works  of  man.  But  it  seerug  to  me  it  would  be  in  very 
bad  taste  in  a  public  act  of  sympathy  and  congratulation  like  this, 
to  speak  in  hesitating  terms,  and  to  express  our  doubts  at  the 
very  moment  we  tender  our  good  wishes.  Certainly  the  French 
people  are  making  a  great  experiment,  and  how  long  since  we 
were  making  one  ?  How  long  since  our  own  government  was  an 
experiment,  rather  than  experience  ?  Mr.  JetTerson  called  it  so 
in  his  inaugural  address,  and  here  in  this  very  Senate,  in  this 
sanctuary  of  liberty,  since  I  have  had  a  seat  here,  more  than  once 
have  we  heard  the  most  dismal  forebodings,  the  darkest  auguries, 
the  wailing,  if  not  the  warning. cry,  that  the  deaih-knell  of  liberty 
was  tolling,  and  that  we  had  little  else  to  do,  but  to  prepare  her 
grave,  if  no  nation  is  to  be  corgratulated  upon  its  progress  in 
the  principles  of  free  government,  till  no  clouds  of  uncertainty  rest 
upon  its  future,  we  must  content  ourselves  with  being  silent 
spectators  of  the  great  and  interesting  events  around  us,  shutting 
our  hearts  to  all  sympathy,  and  taking  counsel  from  dishonorable 
caution,  and  not  from  rational  hope. 

Our  desire  is  to  congratulate  the  Frencli  people  upon  what  they 
have  ac'ually  done,  leaving  to  Him  who  holds  in  his  hand  the  fate 
of  nations,  to  guide  their  iuture  destiny  by  his  own  good  pleasure. 
They  have  done  enough  to  merit  congratulaiions  from  every  hu- 
man being  who  loves  liberty,  or  who  hopes  for  its  enjoyment  by 
the  nations  of  the  earth.  Tliey  have  resisted  oppression;  a  series 
of  efforts  which,  if  not  resisted,  would  have  shown  that  thoy  were 
fit  only  for  the  bonds  preparing  for  tlicni  ;  the  least  of  which 
would  have  roused  up  twenty  millions  of  Americans,  as  one  man, 
to  fight  the  battle  of  liberty — and  to  gain  it.  They  have  overturned 
the  late  government  and  established  one  of  their  own,  and  with  a 
spirit  of  wisdom  and  moderation,  which,  under  all  the  circumstan- 
ces, has  been  rarely  equalled  in  the  world.  The  act  of  the  provisional 
government — the  temporary  Fourtii  of  July  declaration,  I  may  call 
U,  of  the  French  people  lays  down  many  of  the  just  principles  of 
human  freedom,  whicli  will  find  a  responsive  echo  in  this  country. 

I  fully  agree  with  the  honorable  Senator  from  Kentucky,  [Mr. 
Uncebwood,]   in  hi»  excellent  remarks,   upon  tbii   branch  of 


the  subject.  Whatever  may  be  the  resnlt  of  this  movement,  the 
cause  of  freedom  must  gain  by  it.  Nations,  which  have  long 
slumbered  in  the  quiet  of  despotism,  cannot  suddenly,  awake  and 
wisely  exercise  the  new  power  they  find  in  tlieir  possession.  Time 
and  experience,  and  knowledge,  are  necessary  to  teach  us  how  to 
guard  general  principles  by  just  securities  ;  and  while  sustaining 
the  rights  of  all,  how  to  check  the  passions  of  each.  But,  if  every 
struggle  is  a  trial,  it  is  also  a  lesson.  Something  is  learned  at 
every  step.  The  movement  cannot  be  long  either  stationary  or 
retrograding.  Since  the  great  revolution  of  1789,  the  French 
people  have  passed  through  many  trying  scenes.  They  had  much 
to  learn,  and  they  have  learned  much.  They  have  shown,  at  any 
rate,  that  they  are  not  fit  for  monarchy,  or  rather  that  monarchy 
is  not  for  them.  Since  that  period  there  have  been,  I  think,  twelve 
or  thirteen  fundamental  changes  in  the  government,  about  one  to 
every  five  years.  And  in  tiie  present  century,  there  have  been 
seven  different  phases  of  monarchical  government,  including  the 
temporary  and  permanent  consulships,  both  of  which  belonged 
essentially  to  that  class  of  power.  Now,  what  chance  is  there, 
that  such  a  form  of  authority  can  survive  the  attacks  to  which 
it  must  and  will  be  exposed  ;  especiatlv  considering  the  rapidly  ad- 
vancing opinions  of  the  French  people?  Jt  cannot  be.  The  ex- 
periment of  monarchy  has  been  tried  and  found  wanting.  The 
decree  has  gone  forth,  and  is  already  executed.  There  is  a  vast 
deal  of  intelligence  in  France,  and  as  much  true  patriotism  as  in  any 
country  under  Heaven  The  people  are  hich-minded,  generous, 
amiable,  impulsive,  indeed,  but  yielding  alwavs  to  noble  sen- 
timents. Most  cordially  do  I  wish  them  success,  and  I  will  not 
snflTer  my  hopes  to  be  clouded  by  apprehensions.  Certainly  there 
are  difficulties  in  their  way.  What  people,  bond  or  free,  arc  with- 
out them  ?  But  there  are  none,  that  time  and  moderation  cannot 
overcome,  and  none,  I  persuade  myself,  that  the  French  people 
will  not  overcome.  Sufficient  unto  the  day  is  the  evil  thereof.  If 
this  trial  succeed,  the  destiny  of  France  is  fixed  and  safe,  as  much 
so  as  belongs  to  any  great  political  cflbri  in  the  world.  If  not,  it 
is  a  step  the  nearer  towards  the  great  consummation  of  freedom, 
and  the  lesson  the  more  for  those  who  are  to  bring  it  about. 

The  question  then  being  on  the  adoption  of  the  resolution  as  re- 
ported from  the  Committee  on  Foreign  Relations,  a  reading  of 
the  resolution  was  called  for,  and  it  was  read  as  follows  : 

.9  jnint  reeoluticm  tenderiiii^  the  can^Tatuiattons  of  the   L'nited  States  to  the  people 

of  France. 

Resolved.  &c.,  That  in  the  name  and  on  b^lialf  of  the  American  people,  the  con- 
pralulaiions  of  this  government  are  hereby  tendered  lo  the  French  peojile,  npon  the 
recent  cliaiige  in  their  form  of  government  and  Iheir  snccesst"ul  efibrlB  thus  far  to  fonnd 
for  tlieir  country  mitilutions  similar  to  our  own. 

Be  it  further  resolved.  That  the  moderation,  tmmanity,  regard  for  order,  and  vene 
ration  lor  Christianity,  manifested  by  tlie  French  people,  in  the  accomplishment  of  tlieir 
freedom,  inspire  the  confident  hope  that  tlieir  deliberations  in  tlie  organ  zaiion  of  Ihe 
new  t'Overnment  will  be  so  directed,  under  Providence,  as  to  insure  the  liberty,  the 
true  glory,  and  the  enduring  happiness  of  a  great  and  enlightened  nation. 

,^iid  he  It  further  resolved.  That  Congress  tully  approves  the  conduct  of  onr  min- 
ister, Richard  Rush,  in  his  prompt  recognilion  of  the  provisional  government  of  France. 

Jliid  be  It  further  resolred.  That  the  President  of  the  United  Stales  he,  and  he  is 
hereby,  requested  to  transmit  these  resolutions  10  the  American  niinister  at  Par.s,  with 
instructions  to  jiretent  them  to  the  supreme  autlioriliesof  the  French  republic. 

On  this  question  the  yeas  and  nays  were  demanded,  and  being 
seconded,  were  ordered  and  taken  with  the  following  result  : 

YEAS — Messrs.  Bell.  Butler,  Calbonn.  Clarlie,  Davis,  of  Mississippi,  Dix,  John- 
son, of  Maryland.  Johnson,  ot  Georgia.  Lewis,  Mason,  Niles,  Phelps.  Turney — 13. 

NAYS —Messrs.  Allen,  Ashley,  Atchison.  Atherton,  Breese.  Cass,  Crittenden, 
Dickinson.  Douglas.  Downs.  Felch,  Foote,  Hannegan,  Houston,  Moor,  Rusk,  Spru- 
ance.  Underwood,  VVeslcott. — 19. 

The  question  recurring  on  the  original  resolution  ofTered  by  the 
Senator  from  Ohio — 

Mr.  CRITTENDEN  said  :  I  wish  to  occupy  the  attention  of  the 
Senate  for  only  five  minutes  on  this  subject,  and  it  is  rather  because 
I  difl'er  from  some  of  my  respected  friends,  than  with  the  expecta- 
tion of  enlightening  or  instructing  the  Senate,  that  I  desire  to  make 
any  remarks  at  all.  Some  of  mv  friends  have  supposed  that  the 
Senate  of  the  United  States  ought  not  to  express,  because  they  have 
no  power  to  express,  ihecongrainlationsol  the  American  people  to 
the  French  government  in  the  form  of  this  resolution.  I  do  not 
consider  that  there  is  any  question  of  power  involved.  We  do  not 
exercise  any  power.  We  express  a  sentiment  or  opinion,  and  that 
is  all,  and  tliat  is  a  right  belonging  to  every  imiividual.  It  would 
be  strange,  then,  if  we  had  not  that  right.  It  would  be  strange 
that  on  the  occurrence  of  a  scene  of  so  animating  a  character,  the 
Senate  of  the  United  States  was  the  only  body  in  Christendom, 
which  was  to  be  jreifectly  paralyzed,  standing  as  a  sort  oi  ca'ptit 
mortuum  in  the  midst  of  the  civilized  world.  No,  sir,  we  have  a 
right  to  do  this.  But  it  is  said  we  ought  to  dehay  the  expression 
ol  our  congratulations  ;  that  enough  has  not  yet  been  indicated  to 
enable  us  to  pronounce  judgment.  I  concur  in  that — enougli  has 
not  occurred  to  enable  us  to  pronounce  a  final  judgment  ;  but  the 
question  is  now  presented  whether  enough  hns  not  occurred  to 
make  us  rejoice  and  ofler  congratulations  to  France  and  to  tho 
world.  If  we  are  to  wait  until  all  tho  consequences  of  tho  revolu- 
tion are  known,  before  we  make  up  our  minds  to  congratulate  them 
upon  what  has  been  done,  when  will  that  time  come  ?  The  young- 
est man  here  will  not  live  to  see  that  day.  Either  for  good  or  tor 
evil  these  consequences  will  extend  beyond  our  day.  It  is  one  of 
the  great  events  of  tho  world — an  event  full  of  mighty  consequen- 
ces to  mankind.  There  is  no  exaggeration  in  using  such  language 
in  reference  to  it.  It  is  the  greatest  movement  in  social  and  civil- 
ized life  that  has  occurred  within  our  knowledge — one  of  the  great 
signs  and  marks  and  wonders  ol  the  time.  It  is  an  event  exci- 
tmg  the  hopes  and  feart  and   tremulous   anxiety  of  mankind. — 


April  6.] 


CONGRATULATIONS  TO  THE  FRENCH. 


455 


I  have  my  fears  about  it,  but  I  allow  my  hopes  to  preponderate. 
It  is,  indeed,  a  mighty  work,  requiring  a  great  degree  of  virtue, 
inlelligenee,  and  experience,  which  is  rare  in  the  midst  ofalarmed 
Europe.  In  the  midst  of  hostile  crowns  and  principalities  they  have 
made  this  great  expcrinaent.  I  hope,  sir,  that  the  God  of  truth 
and  liberty  will  go  with  them  in  this  mighty  trial,  and  that  they 
are  destined  to  be  successful.  But  whether  th  s  revolution  itself  is  to 
form  the  basis,  to  be  the  proximate  cause  of  a  great  amelioration  in 
the  condition  of  mankind,  I  know  not,  I  cannot  anticipate.  But 
however  that  may  be,  of  one  thing  I  am  satisfied,  that  its  ultimate 
consequences  cannot  but  be  for  the  good  of  humanity.  The  French 
revolution  in  1792,  with  all  its  carnage  and  tumults,  and  terror 
which  it  spread  through  the  world,  of  it  who  can  say  that  from  all 
that  blood  and  carnage  good  to  mankind  has  not  accrued  !  The 
earth  and  the  sea  have  covered  up  the  victims  of  that  revolution. 
They  are  no  more.  Thev  have  disappeared  from  the  sight  of 
mankind  and  sve  can  only  look  back  and  mourn  over  them  as  over 
other  events  that  have  occurred.  But  the  great  principles  of  lib- 
erty involved  in  that  contest,  have  lived  to  grow  bnd  increase  and 
spread  abroad  among  mankind.  A  new  world  of  intellect  has  been 
opened — a  new  sense  of  freedom  has  been  spread  through  the  civ- 
ilized world.  The  ideas  and  principles  to  which  it  gave  rise, 
though  for  a  time  they  seemed  to  be  trampled  on  by  the  iron  heel 
of  tyranny,  yet  live  ;  and  I  trust  in  God  will  become  more  univer- 
sally extended.  So  it  will  be  with  this  revolution.  Gentlemen, 
for  reasons  no  doubt  which  appear  to  themselves  satisfactory,  ima- 

ffinethis  to  be  nothing  more  than  a  temporary  ebullition  of  popu- 
ar  feeling,  and  that  it  will  finally  go  down  in  crime  and  disaster. 
It  may  do  so,  but  what  has  it  not  already  done  ?  It  has  shown  to 
the  world  the  power  of  public  opinion.  Here  is  an  established  go- 
vernment with  its  array  of  an  hundred  thousand  men  at  the  com- 
mand of  the  reigning  sovereign,  a  sovereign  who  has  been  seated 
permanently  for  seventeen  years  upon  the  throne  of  his  ancestors, 
tracing  back  his  royal  descent  for  centuries,  suddenly  finding  its 
ramparts  broken  down  ;  and  by  what?  It  was  not  by  the  power 
of  a  mob  under  temporary  excitement — not  by  a  sudden  outbreak 
of  popular  feeling.  No,  sir,  there  was  a  great  and  majestic  feel- 
ing pervading  the  whole  mass  of  the  people  ;  that  feeling  it  was 
that  took  from  the  sword  of  his  army  its  edge.  The  ultima  ratio 
of  kings  was  here  at  an  end.  Public  opinion  overruled  it.  A  mighty 
moral  change  was  proclaimed  by  a  power  that  is  above  all  thrones 
— greater,  more  exalted,  more  irresistible  than  all  their  impreg- 
nable ramparts  and  fortifications !  The  change  is  strange  and 
grand  !  The  movement  of  the  people,  produced  as  it  was  by  a 
deep  sense  of  what  was  due  to  themselves,  is  to  be  applauded. — 
Sir,  I  congratulate  them.  France  may  have  to  go  through  many 
disastrous  convulsions  before  she  attains  her  great  aim — the  esta- 
blishment of  a  system  ol  free  government.  I  wish  I  could  believe 
that  this  revolution  is  to  be  the  proximate  cause.  I  am  by  no 
means  confident  that  it  is  so  ;  but  I  see  enough  to  give  me  hope. 
1  see  enough  in  the  event  that  has  occurred  to  induce  me  to  con- 
gratulate the  French  people.  They  have  done  a  great  work.  It 
is  for  this  that  I  congratulate  them.  It  is  a  work  which  will  be 
the  source  of  future  intellectual  and  moral  influence  upon  t  he  heart 
of  man.  It  cannot  be  otherwise  than  productive  of  good,  and  it 
is  lor  this  we  congratulate  Fiance,  and  bid  hei  God  speed  ! 

Mr.  BUTLER. — Lest  my  vote  upon  this  subject  should  be  mis- 
taken, I  beg  to  detain  the  Senate  a  single  moment.  If  I  have  ma- 
nifested any  hesitation  in  regard  to  this  matter  it  has  not  been 
from  an  aversion  to  congratulate  France  upon  the  formation  of  a 
republic.  But  when  the  Senate  of  the  United  States  are  called 
upon  to  be  the  organ  of  the  people  in  the  expression  of  their  con- 
gratulations, it  a|ipeared  to  me  to  be  proper  that  any  resolution 
which  might  be  adopted,  should  bo  characterized  by  simplicity  of 
elaboration,  and  should  go  forth  under  the  sanction  of  a  beautiful 
propriety,  becoming  the  great  occasion  on  which  wo  are  called 
upon  to  act.  Had  it  been  left  to  me,  I  would  have  preferred  that 
we  should  have  had  all  the  securities  of  form — that  we  should  have 
had  the  recommendation  of  the  Executive  upon  which  we  niiaht 
act.  It  waa  (or  this  reason  that  I  preferred  the  resolutions  which 
came  from  the  Committee  on  Foreign  Kelations.  Not  that  I 
would  detract  from  the  merits  of  the  resolution  ol  the  Senator  from 
Oho — I  had  another  reason.  I  heard  doctrines  avowed  that  were 
calculated  to  alarm  me  When  I  otfer  congratulations  to  the  god- 
dess of  liberty,  I  will  not  do  it  with  a  firebrand  in  my  hand.  When 
I  offer  congratulations  to  that  goddess,  I  do  it  as  if  she  were  asso- 
ciated with  her  sister,  the  goddess  of  wisdom.  It  may  be  in  the 
wild  excitement  of  France,  that  we  shall  see  the  light  of  her  re- 
public only  in  the  fires  that  arc  destroying  the  very  frame. work  of 
society.  I  have  had  some  distrust,  sir,  arising  from  the  experience 
of  the  past  ;  and  if  I  manifested  any  distrust  on  this  occasion,  it  has 
been  from  no  disinclination  to  sympathize  with  France  upon  foim- 
ing  a  republic  under  the  guarantees  of  a  well  defined  constitution. 
I  am  willing,  sir,  to  sanction  what  the  people  of  France  have  done; 
I  am  willing  to  give  every  encouragement  to  the  developement  of 
an  enlightened  and  irresistible  public  opinion,  but  I  will  not  sanc- 
tion all  the  doctrines  and  opinions  that  have  come  from  the  provi- 
sional government.  If  I  have  hesitated  it  is  because  what  I  do,  I 
would  do  deUberately.  I  have  detained  vou,  sir,  longer  than  I  in- 
tended. .      .       .       fc 

Mr.  PHELPS.— I  did  not  intend  to  trouble  the  Senate  again, 
and  1  shall  certainly  not  detain  them  long.  In  reference  to  the 
remarks  which  tell  from  the  distinguished  Senator  from  Kentuckv, 
I  have  to  say,  that  his  course  ol  reasoning  rather  tended  to  co'n- 
ftrm  my  doubts.     He  spoke  of  the  progress  of  public  opinion.— 


What  evidence  have  we  of  its  progress  ?  In  the  first  place  the  na- 
tional guard,  who  were  charged  with  the  safety  of  the  kingdom, 
broke  their  trust — the  hundred  thousand  bayonets  which  were  to 
protect  the  throne,  were  pointed  against  the  throne.  I  am  not  the 
advocate  of  crowns  nor  of  thrones,  but  what  assurance  have  we 
that  this  same  public  opinion  which  brought  the  multitude  of  Pa- 
ris, and  the  hundred  thousand  troops  in  concert,  may  not  be  brought 
to  bear  upon  the  provisional  government,  and  if  it  should  be,  th« 
provisional  government  could  not  exist  for  a  moment  ?  If  I  were 
satisfied  that  this  combination  of  opinion  would  all  tend  to  the  es- 
tablishment of  a  government  which  would  be  permanent,  I  should 
be  the  last  one  to  withhold  my  vote.  But  let  us  look  at  the  pro- 
babilities.    They  are  a   people  that  are  disposed  to  revolutions. 

When  the  heir  to  the  throne  was  presented  to  the  people,  and  a 
voice  from  the  gallery  cried  out,  '■  It  is  too  late  !"  did  it  not  ex- 
hibit a  determination  to  destroy,  to  listen  to  no  reasoning  ?  Per- 
haps the  man  that  uttered  the  expression  was  not  aware  of  the  ef- 
fect it  would  produce.  But  its  effect  only  shows  us  how  slight  a  thine 
is  sufiicient  to  influence  the  popular  will  in  that  country.  If  i 
could  anticipate  that  the  result  would  be  the  establishment  of  a  free 
government,  I  would  sympathize  most  heartily  in  the  movement — 
it  is  my  fear  which  prevents  me. 

Sir,  there  are  considerations  connected  with  this  subject  from 
which  we  all  revolt.  When  the  wheel  of  revolution  begins  to  re- 
volve, who  can  affect  to  tell  where  it  will  stop  ?  When  the  doc- 
trines of  universal  equality  are  preached,  who  can  tell  what  efl'ect 
is  to  be  produced  ?  I  am  approaching  a  subject  that  I  hav.-?  uni- 
formly avoided — a  subject  from  the  discussion  of  which  I  uniformly 
shrink.  I  know  its  dangers,  and  if  these  doctrines  of  universal 
equality  are  to  be  preached,  if  they  are  to  receive  the  sanction  of 
Congress,  it  behooves  gentlemen  to  inquire  of  themselves  to  what 
extent  they  will  carry  us.  If  we  are  to  give  our  sanction  to  every 
revolutionary  effort  which  prostrates  at  once  existing  governmen- 
tal establishments  and  domestic  relations,  it  may  well  become  us 
to  inquire  to  what  extent  such  a  movement  is  likely  to  be  carried. 
There  is  one  feature  in  the  decrees  of  this  provisional  government 
of  which  I  do  not  by  any  means  approve.  A  decree — not  a  theory 
on  the  subject  of  human  liberty — but  a  decree,  cutting  up  by  the 
roots  an  existing  institution,  has  been  adopted  by  the  provisional 
government.  It  is  a  question  affecting  ourselves.  Wo  have  a  set 
of  people  among  us  (you  mav  call  them  fanatics  if  you  please)  who 
in  their  liberal  notions  of  [uiman  liberty,  are  disposed  to  quarrel 
with  certain  institutions  which  exist  under  our  government.  Sir, 
I  would  leave  to  every  portion  of  the  nation  the  management  of 
their  own  concerns.  But  if  we  arc  to  endorse  all  the  revolutionary 
movements  that  are  made,  where  are  we  to  stop  ?  Why,  we  may 
have  a  thousand  fanatical  theories  in  our  own  countrj*,  some  of 
them  perhaps  well  founded,  but  others  of  the  most  wild  and  ex- 
travagant description.  No  man  ever  saw  a  revolution  in  which 
the  doctrines  which  gave  rise  to  it  were  not  carried  to  extremes. 
Before  we  give  our  unqualified  approbation,  then,  to  what  has  been 
done,  in  my  humble  judgment,  we  should  await  patiently  its  final 
consummation;  and  I  confess  I  am  somewhat  surprised  to  find  "en- 
tlemen  on  this  floor  ready  to  give  their  unqualified  approbation  to 
tho  proceedings  of  the  French  provisional  government,  whilst  they 
would  not  listen  a  moment  to  petitions  humbly  presented  to  Con- 
gress upon  the  point  upon  which  that  government  has  acted.  It 
is  susgested  they  have  revoked  this  decree.  If  they  have,  they  still 
stand  on  the  looting  that  all  men  are  free  and  equal,  that  every 
man  has  a  right  to  vote,  Algerines  and  all,  every  man  except  Ne- 
groes. And  the  very  revocation  of  that  decree  shows  the  insince- 
rity of  their  professions.  If  an  Algerine  is  entitled  to  the  privile- 
ges of  a  French  citizen — if  there  is  equality  among  all  sorts,  all 
grades,  all  classes,  as  regards  political  privileges,  upon  what  prin- 
ciple, in  the  name  of  Heaven,  is  the  colored  race  excluded  ?  I  go 
with  the  French  people  in  any  proposition  which  to  my  mind  ap- 
pears rational,  but  if  they  in  the  first  place  decdare  this  equality, 
aiid  in  the  next  place  make  it  unequal,  I  will  have  nothing  to  do 
with  any  such  proceeding.  I  have  made  these  remarks  simply  to 
show  that  there  are  very  strong  grounds  to  doubt  as  to  what  the 
results  of  this  revolution  will  be.  I  hope  for  the  best,  but  I  fear 
the  worst  ;  and,  as  I  said  before,  I  shall  prefer  .that  this  expres- 
sion of  congratulation  for  the  present  be  withheld. 

Mr.  CRITTENDEN.— I  listened  this  morning  with  great  at- 
tention to  the  very  able  remarks  of  the  Senator  from  Vermont,  and 
I  thought  that  I  noticed  an  allusion  to  an  unfortunate  expression  of 
mine.  Like  the  Senator,  I  fear  for  the  result,  but  as  far  as  the 
revolution  has  gone  it  has  been  marked  by  nothing  but  what  wo 
must  all  recognize  as  favorable,  particularly  since  they  have  east 
off  the  little  piece  of  extravagance  to  which  the  Senator  has  allu- 
ded. I  merely  wish  to  acquit  myself,  sir,  of  having  in  the  slight- 
est degree  approved  of  that  proceeding  on  the  part  of  the  provi. 
sional  government. 

Mr.  DAVIS,  of  Mississippi. — I  must  ask  the  indulgence  of  the 
Senate  for  a  few  minutes,  for  a  purpose  similar  to  that  avowed  by 
the  Senator  from  South  Carolina,  [Mr.  Botler.]  This  is  ren- 
dered necessary  by  the  intimation  which  has  been  given,  that  the 
absence  of  so  many  Senators  from  the  chamber  rendered  it  unad- 
visable  to  record  the  votes  upon  the  final  passage  of  the  resolution 
before  the  S^^te;  without  such  record  and  without  explanation, 
the  preliminal^voie  given  by  me  would  be  subject  to  misconstruc- 
tion. I  voted  for  the  substitution  of  the  resolutions  reported  from 
the  Committee  on  Foreign  Relations,  because  they  seemed  to  me 
coextensive  with  all  which  has  occurred  in  France,  claiming  and 
receiving  the  approbation  and  sympathy  of  the  people  of  the  United 


456 


CONGRATULATIONS  TO  THE  FRENCH. 


[Thursday, 


States,  and  because  the  committee  acted  upon  information  official- 
ly communicated  by  the  President,  by  which  the  matter  was  first 
brought  properly  before  the  Senate. 

Ever  ready,  in  whatever  quarter  of  the  globe  it  may  appear,  to 
welcome  a  new  republic  mto  the  family  of  nations,  ever  prompt  to 
cheer  a  people  struggling  for  tlic  establishment  and  maintenance 
of  popular  right,  it  was  not  for  mc  to  stand  listless  by  when  the 
tidings  came  of  the  great,  tlie  (lorious  achievements  of  our  ancient 
friend  and  ally, France.  Sooner,  sir,  would  I  encounter  disappoint- 
ment, sooner  see  our  sympathies  come  back  shorn  than  refuse  to  send 
them  forth  on  an  occasion  like  this.  Yet  it  becomes  us  to  consid- 
er the  time,  the  manner  of  expression  used  to  convey  our  sympa- 
thies— deliberately  to  consider  the  e.\tent,  and  the  subject  of  our 
congratulations.  When  a  people  not  prepared,  as  were  the  fath- 
ers of  our  republic,  by  the  inheritance  of  free  institutions,  are  sud- 
denly invested  with  sovereign  power,  errors  and  excesses  may  bo 
reasonably  expected,  and  whilst  it  is  not  our  province  to  correct  or 
condemn,  it  may  be  useful,  as  it  is  surely  proper,  to  discriminate  in 
our  approbation.  This  appeared  to  me  well  and  prudently  done 
in  the  resolutions  offered  by  the  committee  as  a  substitute  for  those 
of  the  Senator  from  Ohio,  and  constituted  the  ground  of  my  pre- 
ference ;  but  I  was  prepared  to  vote  for  either,  and  have  no  oppo- 
sition to  offer  n  those  which  the  Senate  in  commitiee  have  chosen. 

With  our  sympathies  for  the  effort  of  the  French  people  to  es- 
tablish republican  government,  we  may  well  mingle  our  congratu- 
lations for  the  ex:rLiordinary  exhibition  which,  in  the  heat  of  revo- 
iution,  they  have  given  of  moderation,  of  self-control,  and  of  regard 
for  human  life,  that  great  test  of  the  progress  of  civilization. — 
These  are  high  evidences  of  the  fitness  of  the  French  people  for 
self-government,  and  justify  the  hope  that  they  are  prepared  for 
that  universal  suffrage  and  equality  which  they  nave  asserted,  and 
which  the  Senator  from  Vermont  has  chosen  as  the  object  of  his 
special  condemnation.  Equality  among  the  citizens  is  the  only 
basis  on  which  republican  government  can  rest  ;  it  is  the  founda- 
tion on  which  our  own  was  placed,  and  where  it  now  securely 
stands  like  the  house  which  the  wise  nian  built  upon  a  rock,  whilst 
palaces  lie  crushed  upon  the  sand,  or  threaten  to  fall.  To  assert 
political  equality  is  to  vindicate  the  dignity  of  man,  to  insure  the 
adaptation  of  government  to  his  condition,  and  therefore  to  render 
it  permanent.  Revolution  is  the  remedy  for  violated  nature — it 
can  never  be  directed  against  a  government  which  rests  on  the 
broad  basis  of  popular  will,  speaking  through  universal  suffrage. 
The  only  power  to  overturn  is  that  which  supports  such  a  govern- 
ment, and  as  it  has  been  called  the  most  advanced,  so  I  think  it 
may  be  called  the  most  durable  form  of  human  institutions.  Wher- 
ever a  class  or  a  family  claim  to  govern  by  prescriptive  right,  there 
must  be  a  struggle  between  the  rulers  and  the  ruled;  because  the 
one  cannot  syrnpathize  with  the  feelings,  or  appreciate  the  wants 
and  the  interests  of  the  other.  True,  all  peop'c  are  not  qualified 
for  the  highest  form  of  government ,  and  no  other  country  presents 
so  many  instructive  lessons  upon  governmental  changes  as  that, 
the  recent  revolution  in  which  we  are  now  considering. 

Csesar  conquered  ancient  Gaul  and  governed  it  as  a  province. 
The  inhabitants  became  citizens  of  the  Roman  empire,  but  their 
domestic  condition  was  little  affected  Rome  was  extended,  but 
the  Romans  remained  in  Italy.  When  Alaric  and  Attila  descend- 
ed from  the  plains  of  Asia  upon  the  richer  regions  of  Europe,  the 
inhabitants  of  Gerraanv,  driven  from  their  homes,  descended  in 
their  turn  upon  Gaul;  they  came  not  like  the  Roman  legions, 
prompted  by  military  enthusiasm  and  seeking  the  glory  of  eon- 
quest,  but  as  houseless  wanderers  to  take  iiom  the  weak,  as  they 
had  surrendered  to  -the  strong.  Then  the  lands  of  Gaul  wer» 
wrenched  from  the  origuial  possessors  and  divided  among  the  con- 
quering chiefs.  Now,  for  the  first  time  in  Gaul,  the  decree  of  na- 
ture  was  violated,  and  the  inheritance  of  the  land  was  violently 
transferred  from  those  who  possessed  to  cultivate  it.  The  progress 
has  been  steady,  though  slow,  to  return  the  soil  to  the  people — 
to  bring  power  from  its  overshadowing  height  to  the  level  of  the 
governed.  And  it  is  the  steadiness  of  this  advance  which  sustains  my 
confidence  in  future  progress.  The  grand  vassals  nf  the  Frank  dy- 
nasty, like  twelve  mighty  columns,  supported  the  throne  high  above 
all  contact  with  the  people,  alike  despising  their  assistance  or  as- 
sault. These  columns  fell  in  the  time  of  Louis  XI.  and  the  grand 
Seignieurie  was  established  by  Francis  I.     The  height  and  size  of 


the  columns  were  diminished,  but  their  number  increased,  and  then 
came  the  period  of  the  reformation.  The  minds  of  men  asserted 
the  right  to  inquire.  The  Seignieurie  gave  way,  and  the  throne 
sunk  lor  its  support  to  the  heads  of  the  aristocracy.  It  was  now 
within  the  reach  of  the  people  ;  it  had  been  lowered  until,  in  the 
language  of  the  Senator  from  Indiana,  [Mr.  Hannegan,]  blood 
might  flow  over  it.  The  convention  of  1792  proved  the  power  of 
the  peo|ile  to  reach  the  throne — it  showed  the  ability  to  destroy, 
but  not  the  capacity  to  construct.  The  assignats  gave  the  people 
the  power  to  buy  and  add  to  the  subdivision  of  the  lands  of  France. 
Heretofore  the  throne  had  approached  people  by  oppression,  thence- 
forward the  operation  of  leveling  was  to  be  two-fuld— the  people 
were  to  rise  as  royalty  sunk. 

When  Napoleon  declared  on  the  Champ  de  Mars  that  the  right 
of  the  ruler  was  wholly  derived  from  the  consent  of  the  governed, 
he  uttered  a  truth  understood  by  those  whom  he  addressed,  ana 
which  was  sentence  of  condemnation  on  the  divine  right  of  kings. 
The  next  step  in  the  natural  order  of  things  was  to  break  the  line 
of  descent.  This  was  done  by  the  selection  of  Louis  Philippe,  to 
be  crowned,  not  for  France,  but  as  King  of  the  French.  The  throne 
was  now  brought  down  to  the  heads  of  the  two  hundred  and  sixty 
thousand  landed  proprietors.  It  had  now  descended  to  the  last 
step,  and  it  was  foretold,  I  trust  truly  foretold,  that  Louis  Phi- 
lippe was  the  last  who  should  wear  a  crown  in  France.  For  years 
past  many  eyes  have  been  turned  to  France,  and  speculation  has 
been  busy  as  to  the  consequences  likely  to  follow  on  the  death  of 
the  reigning  monarch.  Events  have  been  hastened  by  the  abdica- 
tion of  the  king,  and  the  conduct  of  the  French  people  under  the 
severe  ordeal  they  have  unexpectedly  undergone,  proves  how  wor- 
thy they  are  to  possess  the  power  of  sovereignty.  The  throne 
which  had  been  for  fourteen  centuries  sinking,  until  it  approached 
within  one  step  of  the  ground,  was  borne  on  the  shoulders  of  the 
uprising  masses  and  oft'ered  a  holocaust  to  the  genius  of  republi- 
can government.  Why  shall  we  distrust  the  capacity  of  the  French 
people  for  self-government?  Who  has  served  a  longer  probation 
or  passed  through  schools  of  harder  experience  ?  France,  the  land 
of  science,  with  a  popular  press  teeming  with  political  inielligence, 
— her  great  capital,  the  controlling  mart  of  the  country,  filled  with 
daily  jtapers,  and  a  population  of  whom  it  is  said  not  a  cook  or  a 
boot-black  but  can  tell  the  name  of  the  chief  of  each  bureau  of  ths 
government,  and  the  general  nature  of  his  duties. 

Men  fly  to  a  remedy  and  expect  relief  which  cannot  be  given. 
Those  who  hope  from  a  republic  to  have  their  wants  suppliea  must 
meet  with  disappointment.  Such  a  government  can  have  nothing 
to  give,  save  that  which  it  takes  from  the  people.  In  the  language 
of  one  of  our  greatest  statesmen,  Mr.  Van  13uren,  "too  much  is 
expected  from  government."  May  this  truth,  so  unpalateable  to 
those  to  whom  it  was  addressed,  be  early  learned  and  appreciated 
by  our  brethren  in  France.  It  was  not  my  purpose  to  do  more 
than  express  thus  briefly  the  opinions  I  entertain,  and  to  announce 
my  approval  of  the  resolutions  now  to  be  acted  on.  They  are  an- 
tieipative  of  future  events  in  France  which,  I  hope,  will  soon  ena- 
ble us  to  pass  specific  resolutions  of  congratulation,  and  to  em" 
brace  our  earliest  friend  as  a  brother  in  the  family  of  republics. 

The  quesiion  recurring  on  the  passage  of  the  resolution,  it  was 
decided  in  the  affirmative,  without  one  dissenting  voice,  as  fol- 
lows : 

YEAS— MessR.  Allen,  Ashley.  Atchison,  Atherton,  Bell,  Bradbury,  Breeie, 
BuUcr,  Cass,  Clarke,  Crittenden,  Davis,  of  Mississippi,  Dickinson.  Dis."  Donglas, 
Downs,  Felcii,  Foote,  Hate,  Hannegan,  Houston.  Johnson,  of  Maryland,  Johnson,  of 
Georgia,  Lewis,  Mason,  Moor,  Nile.-,  Kiisk,  Spruance,  Turnev,  Underwood,  West- 
colt.— 3?. 

NAYS— Note. 

The  following  is   the  resolution  as  it  was  unanimously  adopted  : 

Resolved  by  the  Senate  avd  House  of  Representatives  of  the  United  States  of 
.iineriea  in  Congress  assembled.  That  in  tlie  name  and  behalf  of  the  Amencnn 
people,  tile  congratulations  ot  Congress  arc  hereby  tendered  to  the  people  of  Franco 
upon  the  success  of  their  recent  eftorti  to  consolidate  the  principles  of  iiberly  in  are- 
jiuhlican  form  of  government. 

Stc.'.i.  .Ind  lie  It  further  resolve!,  That  the  President  of  the  United  Slates  be. 
and  he  is  hereby,  rcijuested  to  transmit  this  resolution  to  the  American  minister  at 
Paris,  with  instructions  to  present  it  to  the  French  government. 

On  motion, 

The  Senate  adjournod. 


April  7. J 


1>ETITI0NS~RES0LUTI0NS,  ETC. 


457 


FRIDAY,  APRIL  7,  1848. 


MESSAGES   FROM  THE   PRESIDENT. 

A  message,  in  writi  g,  was  received  from  the  President  of  the 
Unitod  Sates,  bj'  Mr.  Walker,  his  Secretary. 

7\i  the  Senile  of  Ike  ('nUed  SltUs: 

lu  an.wur  to   a  rcvolmion  ol"  the   SPTinte,  of  tlie  '29th  of  .March,  I&IS,  I  transmit 
herewith  a  ppport  of  tiie  S^-creiarv  of  War,  with  the  accomiianyins  (iociiments  con- 
tanin;:  t'l*^  iti  o.nia'ion  called  for, 'relative  to  llie  services  of  Captain  .MeUiellan's  eoni- 
panv  of  Florida  volunteers  in  the  year  1840. 
'      '  '  JAMKS  K.  rOI.K. 

Washington,  April  7,  1848. 

The  message  having  been  read — 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  it  be  referred  to  the  Committee  of  Claims. 

The  following  message  was  also  received  from  the  President  of 
the  Uiiili-d  Slates,  by  Mr.  Walker,  his  Secretary: 

To  the  Scnnte  of  the  Urtileil  StnUs:  i 

I  communicate  herewi'h  a  report  of  the  Secretary  of  War.  transmiltinir  a  copy  of 
the  proceedinis  of  tlie  G  neral  Court  Martial,  in  the  case  of  Lieutenant  Colonel  Fre- 
mont, called  lor  by  a  resolutiou  of  tlie  Senate  of  the  :i-Jtll  of  February,  1848. 

JAMES  K,  rOLK. 
Washington,  April?,  1848. 

The  message  having  been  read — 

Mr.  BENTON  moved  that  the  message  and  the  accompanying 
documents  lie  upon  the  table  and  be  printed;  which  was  ;igri;ed  lo. 
He  also  submitted  two  letters  from  Lieut.  Cid.  I'reinnut  to  the 
Adjutant  General,  and  a  letter  from  the  Adjutant  Ueneral  to 
Lieut.  Col.  Fremont,  which  were  ordered  to  be  printed  in  connec- 
tion with  the  measage  and  documents. 

RESOLUTIONS    OF    THE    LEGISL.VTURF,    OF    MICHIGAN. 

The  VICE  PRESIDENT  l.iid  before  the  Senate  resolutions 
passed  by  the  Legisl:iture  of  Michigan,  urging  upon  Congress  the 
propriety  of  adopting  measures  for  ipiieling  tlie  titles  t"  lands  at 
Sault  St.  Marie  and  for  bringing  the  jinlilic  laii8>  near  that  place 
into  market;  which  were  ordered  to  lie  npon  the  table  and  be 
printed. 

PETJTIONS. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  memorial  of 
citizens  of  t'ue  United  States,  pr.aying  that  Mount  Vernon  may  bo 
purchased  by  the  government;  which  was  referred  to  the  Commit- 
tee on  Military  AlJairs. 

Mr.  BREESE  presented  the  petition  of  David  Penrod,  praying 
permission  lo  chanuo  the  entry  of  a  tract  of  land;  which  was  re- 
ferred to  the  Committee  on  Public  Lamls. 

Also,  the  petition  of  Jesse  Toleri  praying  permission  to  change 
his  entry  of  a  tract  of  land;  which  was  referred  to  the  Comraittco 
on  Public  Lands. 

Mr.  DAVIS,  of  Mississippi,  presented  the  petition  of  Christo- 
pher Cunningham,  praying  a  pension  in  consideration  of  wounds 
received  at  the  battle  of  Buena  Vista,  in  Mexico;  which  was  re- 
ferred to  the  Committee  on  Pensions. 

Mr.  DAYTON  submitted  a  document  in  relation  to  changing 
the  terms  of  the  Circuit  and  District  Courts  of  the  United  States 
for  the  District  of  New  Jersey;  which  was  referred  to  the  Com- 
mittee on  the  Judiciary. 

Mr.  DIX  presented  a  memorial  of  citizens  of  the  State  of  New 
York,  praying  that  Mount  Vernon  may  be  purchased  by  the  gov- 
ernment ;  which  was  referred'  to  the  Committee  on  Military 
AlTairs. 

Also,  a  petition  of  citizens  of  Greene  county,  New  York,  pray- 
ing that  the  public  domain  may  be  laid  out  in  farms  and  lots  lor 
the  use  of  such  citizens  of  the  United  States  as  are  not  possessed 
ol'  other  lai.ds  ;  which  was  referred  to  the  Committee  on  Public 
Lards. 

Mr.   HOUSTON  presented   the    petition  of  Manuel   Ravena, 

S raying  indemnity  for  loss  in  consequence  of  the  seizure  and  con- 
emnation  of  a  ves>el  and  stores  by  the  collector  of  the  port  of 
Galveston  in  Texas  ;  which  was  referred  to  the  Committee  on 
Commerce. 

THE    PRIVATE    CALE.NDAK. 

On  motion  by  Mr.  MASON,  it  w.is 

Ordered,  That  the  several  private  bills  on  the  calendar  bo  made 
the  special  order  of  the  day  for  Friday  ami  Satiiday  of  next  week 
the  14th  and  15th  inst.  in  the  order  the  same  arc  on  the  calendar' 
to  the  exclusion  of  all  other  business.  ' 

30  -E  ^m-S::-^-!^:^.  iix-'^  "-^C-    Na.  5S. 


NOTICE   OF  A   BILL. 

Mr.  BREESE  gave  notice  tliat  on  to-morrow,  or  some  early 
day  thereafter,  he  will  ask  leave  to  introduce  a  bill  to  authorize 
the  sale  of  such  public  lands  as  have  heretofore  been  reserved  for 
military  purposes,  and  no  longer  required  for  such  purposes. 

ADJOURNME.NT    OVER. 

On  motion,  it  was 

Ordered,  That  when  the  Senate  adjourn,  it  be  to  Monday  next. 

CONGRATULATIONS  TO    THE    FRENCH. 

Mr.  MANGUM. — I  desire  to  inquire  whether  the  resolutions 
which  were  passed  last  night,  are  now  in  the  possession  of  the  Se- 
nate subject  to  a  motion  for  reconsideration  or  not. 

The  PRESIDING  OFFICER.— They  are  out  of  the  possession 
of  the  Senate. 

Mr.  MANGUM. — Had  they  been  in  the  possession  of  the  Se- 
nate, I  slifiuld  have  requested  some  friend  to  make  a  motion  to  re- 
consider the  vote  by  which  they  were  passed,  with  the  view  of 
giving  gentlemen  who  were  accidentally  absent  from  the  Senate 
when  the  vote  was  taken,  an  opportunity  of  recording  their  votef. 
With  regard  to  mj-self,  I  should  have  voted  for  the  resolution  which 
passed  the  Senate,  with  very  great  cheerfulness.  Yet.  I  would 
have  pieferred  the  resolutions  which  I  had  the  honor  to  move  yes- 
terday, as  a  substitute.  Failing,  however,  lo  get  them  adopted, 
my  vote  would  cheerfully  have  been  given  for  the  resolution  which 
Was  adopted  by  the  Senate.  The  resohuiuns  which  were  rejected, 
were  the  production  of  the  committee  on  Foieitin  Relations.  They 
were  prepared  by  the  chairman  of  that  Comtniitee,  the  Senator 
from  Indiana.  He  entered  most  cordially  into  the  spirit  of  any 
resolution,  expressing  our  congratulations  to  the  French  people. 
And  he  had  committed  himself  in  advance  to  go  lor  the  resolution 
of  the  Senator  from  Ohio.  He  felt  bound,  therefore  unless  he  had 
been  voluntarily  released,  to  vote  in  favor  of  that  resolutitm.  I 
regret  the  more,  therefore,  my  absence,  from  the  fact,  that  owing 
to  the  delicate  relations  which  the  chairman  of  the  committee  bore 
to  the  resolutions  of  the  Senator  from  Ohio,  had  I  been  here, 
my  duty  would  have  been  to  have  taken  them  in  charge  and  pre- 
sented them  under  the  most  favorable  circumstances  that  i  could  to 
the  Senate.  I  would  desire,  and  I  had  hoped,  that  after  the  yeas 
and  nays  were  taken,  and  there  was  found  to  be  perfect  unanimity 
in  the  body,  the  journal  would  have  been  so  amended  as  to  have 
exhibited  the  unanimous  concurrence  of  all  the  members.  I  rise, 
sir,  simply  with  the  view  of  indicating  that  the  resolution  meets 
with  my  heart_y  concurrence. 

Mr.  ALLEN. — I  did  not  call  for  the  yeas  and  nays  for  the  very 
reason  given  by  the  Senator  from  North  Carolina.  I  thought  it 
would  be  better  that  the  vote  should  appear  unanimous. 

CHANGE     OF  REFERENCE. 

On  motion  by  .Mr.  ATHERTON,  it  was 

Ordered,  That  the  Committee  on  Finance  be  discharged  from 
the  further  consideration  of  the  memorial  of  Ward  and  Smith, 
merchants  of  the  United  States  residing  at  San  Francisco,  Upper 
California,  and  that  it  be  referred  to  the  Committee  of  Claims. 

INDIAN   APPROPRI.iTION   BILL. 

Mr.  ATHERTON,  from  the  Committee  on  Finance,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives,  making 
appropriations  for  the  current  and  contingent  expenses  of  the 
Indian  Department,  and  for  fulfilling  treaty  stipulations  with  the 
various  Indian  tribes,  for  the  year  ending  June  30,  1849,  and  for 
other  purposes,  reported  it  without  aiuendments,  and  gave  notice 
that  he  will  ask  the  Senate  to  proceed  to  the  consideration  ^ 
this  bill  on  Tuesday,  the  18th  instant. 

ADVERSE    REPORTS. 

Mr.  UPHAM,  from  the  Committee   on    Revolutionary  Claims, 
to  whom  was  relerred  the  petition  of  Robert  Piatt,  son  of  Daniel 
Piatt,  deceased,  submitted  an  adverse  report  ;  which  was  ordered    • 
to  be  printed. 

Mr.  WESTCOTT,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  petition  of  Sarah  Hubbard,  submitted  a  report, 
asking  to  be  discharged  from  its  further  consideration  ;  which  was 
ordered  to  be  printed. 

Mr.  UPHAM,  from  the  same  committee,  to  whom  was  refer- 
red the  petition  of  Nancy  Haggard,  submitted  an  adverse  report; 
which  was  ordered  to  be  nrinteM. 


458 


IHE  VOLUNTEER  BILL,  ETC, 


[Friday, 


PRIVATE   BILLS. 

Mr.  WESTCOTT,  from  ihe  Comraittee  of  Claims,  to  whom 
was  referrcj  the  hill  from  the  House  of  Representatives  for  the 
relief  of  Charles  Waklron.  reported  it  without  amemlment,  and 
siihmilted  a  report  on  the  .suhjeet  ;  which  was  ordered  to  he 
printed. 

Mr.  DOWNS,  from  the  Committeeo  on  Indian  AlUiirs,  who 
■were  instrueleil  to  imiuirc  into  llie  snhjeet,  reported  a  hill  for  the 
relief  of  Henry  D.  Garrisonj  wliieli  was  read  and  passed  to  tlio 
second  reading. 

Mr.  RUSK,  from  the  Committee  on  Revoliiiionary  Claims,  to 
whom  was  referred  the  memorial  of  Frederick  Vincent,  adminis- 
trator of  the  estate  of  James  Le  Cazi^,  sniiniitted  a  report  accom- 
panied by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  readini;. 

Ordered,  That  the  report  he  printed. 

SAG.VNAW    LANI1S. 

Mr.  DOWNS,  from  the  Committee  on  Indian  Affairs,  to  whom 
were  referred  certain  documents  relating  to  the  claim  of  T.  S. 
Wendell,  sidimitted  a  report  aeeompanieil  by  a  bill  to  jirovido  for 
the  sale  of  lands  purchased  by  the  United  States  from  the  Saga- 
naw  tribe  of  Chippewa  Indians  in  the  State  of  Michi^^an. 

The  bill  was  read  and  passed  to  the  second  reading'. 

Ordered,  That  the  report  be  printed,  wlih  the  accompanying 
documents. 

SETTLERS    IN    FLOniD.\. 

Mr.  WESTCOTT,  by  unanimous  eon.sent,  ashed  and  ohtaijied 
leave  to  bring  in  a  hill  for  the  relief  of  the  bona-lidc  settlers  under 
the  acts  for  the  armed  occupation  and  settlement  of  a  part  of  the 
Territory  of  Florida;  which  was  read  the  first  and  second  times, 
by  unanijnoLis  consent,  and  referred  to  the  Committee  on  Public 
Lands. 

FEDER.\L    COURTS    IN    NEW    JERSEY. 

Mr.  DAYTON,  by  unanimous  consent ,  asked  and  obtained  leave 
to  bring  in  a  bill  in  relation  to  the  terms  of  the  Circuit  and  Dis- 
trict Courts  of  the  United  States  in  and  for  the  District  of  New 
.lersey;  which  was  read  the  first,  and  second  times,  by  unanimous 
consent,  and  referred  to  tlie  Comiriittee  on  tho  Judiciary. 

THE    VOLUNTEER    BILL. 

Mr.  CASS  moved  that  the  prior  orders  be  po.stponed  and  that 
the  Senate  proceed  to  the  consideration  of  the  bill  providing  for  the 
further  prosecution  of  tho  existing  war  between  the  United  States 
and  the  Republic  of  Mexico.  • 

Mr.  CRITTENDEN.— I  confess  that  I  am  very  much  sur- 
prised at  the  motion  of  the  hoiTorahlc  Senatcn-.  He  sat  by  and 
heard  the  arrangement  that  was  made  for  taking  up  the  Judiciary 
bill  on  this  day.  The  orders  of  tho  .Senate  seem  to  be  no  longer  of 
any  force.  In  fact  they  only  seem  to  apprize  gentlemen  that  they 
must  be  very  active  in  getting  possession  of  the  floor.  I  do  hope 
that  tne  gentleman  will  not  at  this  moment  press  thfs  motion. 

Mr.  CASS. — It  would  give  me  great  pleasure  to  yield  to  tho 
wishes  of  the  honorable  .Senator,  hut  I  gave  notice  long  ago  that 
I  would  embrace  every  opportunity  for  pressing  the  consideration  of 
the  bill  which  I  have  mmed.  It  has  already  been  sujierseded  at 
various  times  by  pressing  business,  and  1  must  say  that  I  feel 
whr>lly  uncommitleil  as  to  any  arrangemiuit  for  permilling  any 
other  business  to  take  precedence  of  it.  I  understand  that  the 
Judiciary  bill  will  occupy  much  time,  and  indeed  I  stand  committed 
before  the  Senate  at  all  times  to  press  the  consideration  of  tho  bill 
for  raising  the  volunteers. 

Mr.  CRITTENDEN.— Did  not  the  Senator  vote  to  make  the 
Juilieiary  bill  tho  order  of  the  day  for  to-day? 

Mr.  CASS. — The  volunteer  bill  was  made  the  order  of  the  day 
several  weeks  ago,  but  orders  of  the  day  a'C  superseded  almost 
every  day. 

Mr.  RUSK. — Under  ordinary  circumstances  I  would  vote  to 
take  up  the  bill  which  is  projioscd  now  before  any  other  business. 
But  yesterday  there  seemed  to  be   a  distinct  understanding   that  if 

"1> 


The  motion  was  accordingly  withdrawn. 


the  Senator   from    Kentucky  would   give  -x:\\-  in   order   to  tak 
the  resolutions  of  congratulation,  wo  would  take  up  his  bill  to-day. 

Mr.  ALLEN. — I  am  quite  anxious  to  proceed  to  tho  conside- 
ration of  the  bill  which  is  tho  subject  of  the  present  motion,  but  I 
would  suggest  to  my  friend,  the  Senator  from  Michigai;,  that  if,  as 
seems  more  to  be  the!  impression, there  was  an  understanding  yester- 
day in  regard  to  proceeding  with  the  bill  of  the  Senator  IVum  Ken- 
tucky, that  it  would  be  but  just  and  proper  that  tho  arrangement 
bu  acquiesced  in,  at  all  events  for  tjus  day.  But  if  the  discussion 
extends  extends  beyond  to-day  then  let  the  hill  take  its  chance  of 
being  taken  up  in  preference  to  any  other. 

Mr.  CASS. — I  -stated  yesterday  that  I  was  entirely  opposed  to 
proceeding  with  any  other  business.  I  am  no  party,  therefore,  t* 
any  commitment  in  favor  of  the  bill  of  tho  Senator  from  Kentucky 
in  the  slightest  degree,  hut  as  it  scorns  to  he  the  prevailing  wish  lo 
proceed  with  that  hill  ibis  dav.  T  will  withdraw  my  motion. 


ADULTERATED    DRUGS   AND    MEDICINES. 

Mr.  DIX,  from  the  Committee  on  Commerce,  to  whom  were  re- 
ferred the  resolution  of  the  Legislature  of  Mississippi,  the  memo- 
rial of  the  college  of  Pharmacy  of  the  city  of  New  York,  and 
sunilry  other  memorials  on  the  subject,  reported  a  bill  to  prevent 
the  importation  of  adulterated  drugs  and  medicines;  which  was 
read  and  passed  to  the  second  reading. 

SHIP    ISLAND    MADE   A    PORT    OK    DELIVERY. 

Mr.  DIX,  from  the  same  Committee,  to  whom  was  referred  tho 
bill  li  om  the  House  of  Representatives  to  make  Ship  Island,  in  the 
collecting  district  of  Pearl  river,  a  port  of  delivery,  and  to  autho- 
rize the  appointment  of  a  Surveyor  for  said  port,  reported  it  with 
amendments. 

Mr.  DIX  said  that  with  the  consent  of  the  Senator  from  Ken- 
tucky, [Mr.  Crittf.xden,]  he  would  ask  the  immediate  conside- 
ration of  this  bill,  as  its  speedy  passage  was  important,  and  if  it 
went  upon  the  calendar  it  luigiit  he  some  time  before  it  could  be 
reached. 

Mr.  CRITTENDEN  said  the  Senator  must  excuse  him,  but  ho 
was  extremely  anxious  to  take  up  the  Supreme  Court  bill  without 
further  delay. 

■  Mr.  DAVIS,  of  Mississippi,  explained  that  there  was  urgent 
necessity  for  the  immediate  passage  of  the  bill,  and  that  it  would 
take  but  a  few  minutes  as  there  would  be  no  debate  upon  it. 

Mr.  CRITTENDEN  said  if  there  would  be  no  debate  be  h.ad 
no  objection  to  taking  up  the  bill. 

The  bill  was  then  read  a  second  time,  considered  as  in  Comrait- 
tee of  the  Whole,  and  the  amcndraenls  reported  from  the  Com- 
mittee were  agreed  to. 

No  further  amendment  being  made  the  hill  was  reported  to  the 
Senate,  and  the  amendments  were  concurred  in. 

Ordered,  That  the  amendments  he  engrossed  and  the  bill  read  a 
third  time. 

Tl:e  said  bill  was  read  a  third   time,  as   amended,  and  the  title 
was  amended. 
U  :sol-'cd,  Tlull  this  l)il!  [ly^s  witli  ameiidiii-'nts. 

Ordered,  That  the  Secretary  request  the  concurrence  of  tho 
House  of  Representatives  in  the  amendments. 

THE  DAM    .\T    CUMBERLAND   ISLAND. 

Mr.  HANNEGAN,  froiu  the  Committee  on  Roads  and  Canals, 
to  whom  were  referred  several  memorials  on  the  subject.  re])orted 
a  bill  to  provide  for  tho  repair  and  improvement  of  the  dam  at  the 
bead  of  Cumberland  Island  in  the  Ohio  river  ;  which  was  read 
and  passed  to  the  second  reading. 

THE  SUPREME  COURT. 

Tho  Senate  resumed  the  consideration,  as  in  Committee  of  the 
Whole,  of  tho  bill  from  the  House  of  Representatives  supplemental 
to  the  act  entitled  an  "An  act  concerning  the  Supreme  Court  of 
the  United  Slates,"  approved  June  17    1S44. 

Mr.  BUTLER. — I  have  no  special  interest  in  this  bill,  but  I  am 
one  of  the  committee  who  reported  it.  It  has  already  been  an- 
nounced that  the  committee  were  divided,  and  that  the  bill  not 
come  here,  therefure,  with  the  s;inctiun  of  the  whole  of  the  Judi- 
ciary Conimittcc.  Perhaps  it  woidd  be  proper,  however,  for  me 
as  a  member  of  that  committee,  to  give  the  more  obs'ious  reasons 
which  influenced  a  majority  of  the  committee.  At  this  time  there 
are  on  the  docket  of  the  Supreme  Court  170  or  180  cases,  and  it 
is  impossible;  that  these  cases  can  be  disposed  of  by  the  judges 
under  the  present  arrangement.  Probably  somo  of  them  will  re- 
main und'-eided  for  years — certainly  for  three  or  four  years — unless 
some  special  legislation  is  ad()pted  on  the  subject.  The  more 
prominent  objections  which  have  been  urged  to  this  bill  have  corae 
iVniu  the  honorable  Senator  from  Missouri,  that  it  is  one  of  a  series 
of  mtMsurcs  which  are  calculated  to  cut  loose,  as  he  e.xjiresses  it, 
the  Supremo  Court  fruin  connection  with  the  States  by  separaiiiiT 
it  from  its  circuit  jurisdiction.  Mr.  President,  I  have  no  such  pur- 
pose myself,  and  in  advocating  this  bill  I  am  influenced  by  a  desire 
to  do  an  obvious  act  of  justice  to  the  parties  who  have  appealed 
their  eases,  and  who  have  a  right  to  have  their  ajipeals  disposed 
of.  But  this  cannot  be  done  w.ihoul  leL'islati<in.  We  have  it  in 
oi.r  power  to  remove  the  difficulty,  and  it  seems  to  me  it  is  incum- 
bent on  us  to  do  it.  Tho  bill  proposes  to  alibrd  tho  required  relief 
by  authorizing  the  Judges  of  the  Supreme  Court  to  extend  their 
sitting  from  three  inonihs,  which  is  now  their  usual  session,  to 
twelve  months.  That  is  the  essential  feature  of  the  bill.  I  do  not 
understand  it  to  be;  llic  purpose  of  this  hill  to  ellect  anv  r.adical 
change  in  the  judicial  system  of  the  United  Stales.  I  trust  ihero 
is  no  such  purpose.  If  you  do  not  adopt  this  bill,  what  will  be 
the  conseipicnee  ?  New  cases  will  go  on  accumulating  as  fast  as 
others  are  disposed  of,  and  you  will  always  have  the  docket  so 
burdened  that  there  must  be  a  delay  of  three  or  lour  years  beloro 
a  ease  can  ho  heard  and  determined.  If  you  do  pass  the  bill  what 
will  he  the  consequence  ?  No  injury  can  accrue  that  1  am  aware 
of ;  but,  on  tho  contrary,  a  very  great  henetit  win  !."/>■■•.•  •«  — vtics 


April  7.] 


THE  JUDICIARY  BILL. 


459 


who  have  eases  in  litisation  before  that  court.  A  dela)-  of  justice 
is  ahnost  tantamount  to  a  denial  of  justice.  What  amount  of  in- 
terest may  be  involved,  I  am  not  prepared  to  say  ;  but  whatever 
the  amount  may  br;,  the  parties  whose  rights  are  involved  ought 
to  be  affirded  an  opportunity  of  havinrr  their  claims  decided.  I 
would  be  opposed  to  the  bill,  if  I  supposed  for  a  mi>ment  that  it 
would  have  the  effect  that  is  attributed  to  it  by  the  Senator  from 
Missouri,  of  cuttinij  ofl'ihc  supreme  bench  from  coimexion  with  the 
States.  I  have  no  such  design.  I  am  infinenced  by  the  mere 
obvious  purpose,  that  of  removing  the  difliculty  under  which  that 
court  labors. 

Mr.  WESTCOTT.— I  was  one  of  the  minority  of  the  commit- 
tee who  opposeil  the  bill,  ami  I  still  retain  the  opinions  which  m- 
fluenced  me  in  makinj  that  opposition,  not  only  for  the  reason  so 
forcibly  expressed  by  the  Senator  from  Missouri,  but  for  some  ad- 
ditional reasons  that  I  will  now  adduce  I  regard  the  pa.ssagc  of 
this  bill  as  paralyzmg  the  cH'ect  of  the  most  important  part  of  the 
business  before  all  the  circuit  courts  of  the  United  Slates  for  tlio 
next  two  years.  The  district  judges,  it  is  true,  have  the  power 
to.sit  when  the  circuit  judses  have  not;  hut  there  are  cases  whioh 
they  are  not  permitted  to  determine,  and  all  such  cases  are  neces- 
sarily suspended  during  the  time  that  the  circuit  court  does  not  sit. 
A  judge  cannot  trvthe  appeal  or  writ  of  error  from  his  own  court, 
and  I  bei  le.ave  here  to  make  one  remark  in  relation  to  the  delay  in 
the  Supreme  Court.  I  have  taken  some  pains  to  ascertain  whether  it 
s  attributable  to  the  court  or  to  the  vast  accumulation  of  cases, 
and  I  do  not  find  anything  to  justify  me  in  saying,  that  the  court 
is  at  all  in  fault.  1  find  that  cases  are  decided  as  soon  after  they 
are  brought  into  court,  as  they  are  in  the  Supreme  Court  of  New 
York,  Massachusetts,  and  th(?  other  barge  States  of  the  Union. 
In  the  State  of  Virginia,  I  find  that  the"  delay  in  their  highest 
court  is  as  great.  They  are  not  decided  for  some  three  or  four 
years  after  they  are  taken  up.  Besides,  many  of  the  cases  in  the 
Supreme  Court,  which  are  cited  to  us  as  evidences  of  delay,  are 
cases  which  are  not  pressed.  They  are  passed  over  by  the  con- 
sent of  the  parties  concerned.  I  have  had  cases  in  that  court,  and 
I  have  found  no  difficulty  in  setting  decisions  upon  them.  I  do  not 
see  that  there  is  any  delay  that  need  be  complained  of.  I  believe 
that  the  cases  mav  all  be  disposed  of,  in  the  time  which  is  allotted 
for  the  sitting  of  the  court,  as  the  law  now  stands.  For  these 
r?asons,  and  for  those  urged  by  the  Senator  from  Missouri,  which 
I  reg,ard  as  all  important,  I  trust  the  bill  will  not  pass.  It  is  an 
innovation,  a  danserous  innovation.  If  this  court  is  to  be  consti- 
tuted into  a  great  central  judiciary  power,  there  must  be  a  total 
reorganization  of  the  judiciary  system.  There  must  be  circuit 
courts  established  with  the  judges  of  which  this  court  will  have  no 
connexion.  I  trust  the  system  will  not  be  changed.  It  is  getting 
along  very  well.  It  is  a  part  of  the  govern;aent  that  ought  not  to 
be  meddled  with  without  reason,  or  for  the  mere  convenience  of 
the  judges. 

Mr.  ASHLEY  then  addressed  the  Senate  at  length  in  opposi- 
tion to  the  bill.     His  speech  is  given  in  the  Appendix. 

Mr.  DAYTON. — I  desire  to  make  a  very  few  remarks  on  this 
bill.  Of  course  I  do  not  propose  to  follow  the  chairman  of  the 
committee  from  whom  this  bill  came,  through  all  his  objections. 
We  considered  them  in  committee,  and  did  not  regard  them  as 
militating  against  the  merits  of  the  bdl,  -which  lie  within  a  much 
narrower  compass  than  that  which  has  been  assumed  by  the  hon- 
orable Senator  from  Arkansas.  It  is  proper,  in  the  first  place,  to 
look  to  the  evil  which  this  measure  is  designed  to  remedy.  There 
are  now  upon  the  list,  as  I  am  informed  by  the  Senator  from  Ken- 
tucky, [Mr.  Critte.vdex,]  one  hundred  and  sixty-four  cases  un- 
disposed of;  fifty-two  cases  having  been  disposed  of  at  the  last 
session  of  the  court.  Assuming  then  that  the  same  progress  shall 
be  made  at  future  sessions  of  the  court,  it  will  require  three  or 
four  years  to  dispose  of  the  calendar,  while  if  the  present  measure 
of  relief  be  granted,  you  can  dispose  substantially  of  tiie  aggregate 
of  the  calendar  in  a  single  year — rubbing  out  old  scores,  and  giv- 
ing the  court  a  new  docket .  Such  is  the  present  state  of  the  cal- 
endar of  the  Supreme  Court,  and  such  is  the  object  sought  to  be 
attained  by  the  bUI  now  before  the  Senate. 

Now.  what  are  the  objections  urged  against  the  passage  of  the 
bill?  Why.  first,  it  is  objected  that  the  bill  originates  wi'h  the 
judges,  and  that  every  other  bill  relative  to  the  Supreme  Court, 
from  1789  to  this  hour,  originated  with  them,  or  through  their  in- 
strumentality! Now.  who  are  properly  to  be  supposed  to  be  most 
familiar  with  the  business  of  the  court,  and  most  anxious  for  its 
prompt  despatch?  Sir,  we  are  not  to  assume  that  the  judges  of 
the  Supreme  Court  of  the  United  States  are  any  o'her  than  high- 
minded,  upright  and  honorable  men,  desirous  of  discharixing  with 
fidelity  and  efllciency  the  high  functions  imposed  upon  them  by 
law.  It  is  surely  no  more  than  just  to  those  gentlemen,  to  give 
them  that  degree  of  credit.  The  court  is,  then,  the  very  source 
from  which  such  a  measure  should  emanate  with  propriety,  be- 
cause it  is  a  source  that  acts  with  light  and  knowledge.  And, 
pray,  whence  does  that  very  bill  which  the  Senator  from  Arkansas 
now  proposes  as  the  bill  upon  which  Congress  ought  to  act,  ema- 
nate? From  a  majority  of  the  judges  of  that  court;  and  permit 
me  to  say  that  from  consideration  of  the  measure  iii  committee,  I 
am  satisfied  that  if  adopted  it  will  produce  the  very  evil  which 
the  Senator,  and  those  who  think  with  him,  deprecate  so  much — 
the  separation  of  the  court  Irom  the  State  Judicatures,  and  its  con- 
continual  session  here  as  a  central,  absolute  power.  That  is  the  mea- 
sure of  all  others  most  liljely  to  produce  the  result  which  the  Senator 


dreads.  But  I  refrain  from  any  remark  on  that  bill  till  it  come 
before  us.  At  present  we  have  to  deal  with  this  temporary  law. 
It  provides  for  the  evil.  It  applies  a  remedy  suggested  by  the 
court  itself.  Is  there  anything  really  in  the  objection  that  tlie  de- 
sign is  to  undermine  the  present  system,  and  obtain  for  the  court 
the  posAcr  ol  sitting  here  continually,  cutting  itself  altogether 
loose  from  'he  States?  I  appal  to  the  intelligence — to  the  knowl- 
edge of  members  of  the  Senate,  as  to  the  character  of  the 
judges  presiding  in  that  court,  and  ask  whether  it  is  pos- 
sible   that    such    a    design     can     be    entertained    bv    them  ? 

Those  most  deeply  interested  in  that  court,  come  here  and 
say — ''our  docket  is  encumbered  by  upwards  of  one  hundred 
and  sixty  cases.  A  case  coming  up  now  cannot  be  reached  within 
several  years.  We  ask  of  you  only  to  allow  a  prolongation  of  the 
term,  from  three  months  to  one  year.  We  ask  no  additional  re- 
muneration— no  additional  privileges.  We  ask  only  the  privilege 
of  laboring  continuously  for  one  year,  for  the  purpose  of  disposino- 
of  all  the  eases  on  the  docket."  Such  is  the  appeal  and  request 
of  the  court  ;  and  now  gentlemen  object  that  this  merely  covers  a 
design  to  undermine  the  present  system,  and  establish  a  court  that 
is  to  live  here  for  all  time  to  come,  independent  of  the  states  ! 
Permit  me  to  ask  the  Senate  with  all  respect  to  look  at  the  case 
as  it  really  exists.  There  are  one  hundred  and  sixty  cases  on  the 
docket,  and  the  court,  with  no  disposition  in  the  world  to  get  rid 
of  labor,  ask  only  that  instead  of  being  compelled  to  adjourn  at 
the  end  of  three  months,  they  m.ay  be  allowed  to  labor  till  the  end 
of  the  year.  One  might  reasonably  imagine  that  this  was  a  case 
in  which  any  impeachment  of  the  motives  of  the  court  was  utterly 
impossiUe. 

I  know  perfectly  well  that  there  are  some  inconveniences  which 
may  result  from  the  passage  of  ihis  temporary  law,  growin"  out 
of  the  condition  in  which  appeals  from  the  district  courts  may  re- 
main during  the  current  year  These  appeals  may  to  a  certain 
extent  remain  undisposed  of,  but  is  a  comparatively  small  evil,  as 
compared  with  the  great  good  which  is  to  be  accomplished  by  the 
relief  of  the  docket.  Gentlemen  tell  us  that  delay  is  not  unusual — 
that  in  the  courts  of  New  York,  for  instance,  cases  stand  for  some 
legth  of  time.  I  grant  it,  and  that  very^  evil  has  put  the  courts  of 
New  York  under  foot.  It  has  destroyed  them — it  has  uprooted 
and  overturned  the  whole  judicial  system  of  that  state.  The  evil 
has  gone  on  increasing  from  year  to  year,  till  the  people  demol- 
ished the  courts  altogether.  Permit  me  say  that  the  evil,  if  un- 
checked, will  have  the  same  result  here.  No  bu.viness  community 
will,  for  any  great  length  of  time  submit  to  the  suspension  of  busi- 
ness operations  for  three  or  four  years  together,  simply  because 
the  court  has  not  sufficient  power  to  dispose  of  the  cases  on  its 
docket.  Something  must  be  done,  and  the  measure  now  before  us 
if  adopted  will  enable  you  to  apply  the  remedy  in  the  most  unex- 
ceptionable manner.  No  permanent  change  is  sought  or  intended. 
I  submit,  then,  whether  the  objection  of  the  gentlemen  is  not  alto- 
gether  inapplicable  ?  Whether  this  be  a  good  bill  to  afford  a  per- 
manent remedy  is  not  the  question.  The  Senator  informs  us  that 
the  bill  by  which  it  is  proposed  to  apply  a  permanent  remedy  has 
the  favorable  consideration  of  a  majority  of  the  judges.  I  bcheve 
that  the  present  bill  has  the  approbation  of  them  all.  All  are 
willing  to  come  here  and  labor  continuously  for  a  year  in  order  to 
relieve  the  docket.  This  is  the  whole  case,  and  I  submit  that  the 
bill  ought  to  pass. 

Mr.  ALLEN. — I  have  a  very  few  words  to  say  on  this  subject. 
The  United  States  Supreme  Court  has  a  jurisdiction,  both  as  resards 
territory  and  subject  matter,  greater  than  any  other  judicial  tribu- 
nal in  the  world.  Every  thing,  therefore,  which  relates  to  the  or- 
ganization of  that  court,  becomes  a  matter  of  the  gravest  impor- 
tance, and  is  entitled  to  the  most  serious  consideration.  The  judges 
of  the  court  are  elected  by  the  Executive.  They  are  appointeit 
for  life.  In  that  respect,  the  organization  of  this  court  is  not  iu 
harmony  with  the  balance  of  the  political  system  of  this  country. 
It  has  about  it  no  one  single  feature  by  which  it  is  connected  either 
with  the  Slates  of  this  Union,  or  with  the  people  of  these  States, 
except  It  be  the  circuit  feature,  which  gives  the  members  of  the 
court  a  direct  intercourse  and  communication  with  the  Slates  and 
t'e  people  of  this  confederacy.  It  is  in  that  circuit  feature  that 
the  strength  of  this  tribunal  consists,  and  the  day  that  that  feature 
cea.ses  to  exist  in  its  organization,  will  the  public  opinion  of  this 
country  move  upon  the  subject,  and  never  cease  its  action,  till  the 
tribunal  itself  is  entirely  re-organ'ized.  If,  therefore,  I  was  ever 
so  much  disposed  to  attack  this  tribunal,  and  to  break  it  down,  the 
thing  that  I  would  first  do,  would  be  to  encourajze  the  concentra- 
tion of  the  tribunal  permanently  at  the  capitol  of  the  United  States; 
and  its  total  withdrawal  from  any  communication  with  the  States 
and  people  of  the  Union.  I  say  this  to  tilose  who  may  lay  a  great- 
er estimate  upon  this  tribunal  than  I  do,  that  if  they  d.i  not  want 
it  to  be  passed  through  the  burning  crucible  of  the  public  will,  and 
re-cast  i.:  all  its  elements  de  novo,  they  had  better  let  this  circuit 
feature  remain  untouched. 

It  is  proposed  here,  to  relieve  the  judges  of  this  court  from  cir- 
cuit duties  for  one  year.  For,  it  is  a  bill  of  relief  from  the  labor 
and  expense  of  travel.  It  is  a  bill  of  relief  and  repose.  But  it  is 
limited  to  one  year.  Now,  I  have  observed,  and  all  who  have 
teen  as  much  of  legislation  as  I  have,  must  also  have  observed, 
that  when  you  commence  legislating  by  instalment,  you  never  end. 
You  commence  in  this  case  by  giving  this  court  one  year's  relief, 
and  the  next  year,  the  same  reason  existing  for  a  repetition  of  the 
act,  the  precedent  of  the  previous  year  is  pleaded  as  an  additional 
argument  for  an  extension  of  the  relief  one  year  longer.    It  is  the 


4eo 


THE  JUDICIARY  BILL. 


["FridaY; 


grant  of  an  exemption  from  the  labor  and  expense  of  travel,  to  the 
iiulses  of  the  cimrt;  and  the  same  force  which  is  now  brought  to 
hear  in  favor  of  this  bill,  through  the  instrumentality  of  tlii'  present 
cnniact  of  Congress  with  the  judges  of  the  court,  will  be  brought 
to  bear  with  added  streniith  next  sessionj  all  the  reasons  that  are 
now  urged  being  poured  forth  wiili  the  additional  one  that  Con- 
gress once  did  the  act.  Nov/,  though  I  have  no  idea  that  the  gen- 
tlemen who  advocate  this  bill,  intend  any  such  thing,  as  I  do  not 
suppose  that  there  are  any  members  of  this  bodv.  who  would  voie 
for  the  permanent  concentration  of  this  court  here — yet  I  am 
convinced  that  that  result  will  inevitably  follow  from  the  adop- 
tion of  this  measure.  You  commence  this  business  of  relief 
from  circuit  duty — I  care  not  what  the  excuse  may  be, — it  is  the 
commencement  of  a  system  of  relief  from  circuit  duty,  freeing  them 
from  the  labor  and  expanse  of  travel;  and  when  you  commence  it, 
the  same  reason  applying  next  year  for  the  continuance  of  it,  the 
same  motives  which  induce  us  to  pass  this  bill  now,  being  ot|ualIy 
inflnential  then,  the  bill  will  be  renewed  and  so  on  ad  injhiitnm. — 
I  view  ihis  measure,  then,  as  simply  a  bill  to  change  the  judicial 
system  of  the  United  States,  though  not  so  designed,  yet  in  ils 
consequences  tending  to  that  point  inevilabiy.  Viewing  the  mat- 
ter in  that  light  it  next  becomes  a  subject  of  inipiiry,  whai  will  he 
the  etTect  upon  our  political  organization  ?  What,  will  he  the  ef- 
fect of  the  existence  of  a  fixed,  e-enlral  tribunal,  sealed  in  this  cap- 
ital, compos.' I  nf  men  wlio  hold  their  places  for  life,  cut  off  from 
all  communication  with  the  .Stales  and  the  people  of  the  Slates — a 
Washington  city  star-chamber,  under  the  influences  which  act  upon 
the  capital  where  the  political  powers  of  the  nation  are  all  concen- 
trated temporarily  ?  When  that  kind  of  a  speetaelc  is  presented 
t  >  the  people  of  liie  United  Slates,  how  long  will  it  stand  ?  If  it 
.•-tood  Iwentv-five  years,  it  would  bc(;omc  the  prevai'ing  power  of 
tie  government.  Power  is  a  thing  which  generates  itself — which 
enlarges  itself — which  contains  within  itself  the  means  of  its  own 
expansion,  susteniitiee  and  support.  It  wants  nnihinij  but  time  to 
gratify  the  cravings  of  i  s  ambition.  Wheilier  it  be  judicial  or  not, 
J.i.atioii  is  all  th..t  it  wants  lo  make  itsell  permanent  over  any 
oilier  power  that  is  fleeting  and  transitiu'y.  This  lneal  power,  if 
it  were  penuitled  to  stand  twenty  five  years,  would  render  the 
whole  consliliuion  a  perfect  nullity.  In  less  than  ten  yearsit  woud 
take  I  he  place  of  your  Attorney  General  in  all  the  decisions  of  the 
Executive  upon  law  questions,  and  thereby  connect  itself  wiih  the 
administrative  [lortion  of  the  government.  The  idea  woiiLI  be  per- 
fecilv  nat'iral  that  the  Executive  vonlil  connect  ilself  with  the  ju- 
d  eiciry — would  consult  its  raenib.  r.s — would  einjilov  i's  influence — 
and  thus  the  two  would  mutnally  strengthen  each  other,  and  en- 
gross the  powers  and  energies  of  the  government  more  and  luore 
in  one  spot  in  Washington  city. 

Besides,  the  perniaiicnee  and  existence  of  the  court  here  would 
give  it  larg;  inlluenec  over  onr  dil  beraticuis  in  these  halls.  The 
Vkjry  l.tc  lii.it  nine  men  armed  with  greal  )iower,  having  great  re- 
p  iiaii'  n  and  beyond  the  reach  of  popular  ciuitrol,  being  perma- 
iien  ly  1  i,  a'ed  here  for  theii  hi'eiime  would  render  tliem  objects  of 
adulation  and  iai|ioituiuty  and  court,  and  men  at  a  distance  who 
wished  to  aehie.e  illieil  objects  in  this  eapitol.  It  would  become 
a  cabal.  These  r. 'suits  woild  How  inevilabiy.  if  it  wiu'e  not  lor 
the  fict  that  snch  a  power  would  call  down  upon  it  the  euises  of 
the  nation  too  soon  to  allow  it  to  lake  hold  and  luatiire  itself. 

I  have  alv.a.s  been  of  opinion  that  the  members  of  this  tribunal 
ought  to  be  elected  for  a  term  of  years,  and  that  by  the  peojile; 
and  It  will  not  be  many  years  belbre  thai  opinion  will  be  found  on 
more  li[ts  ihan  mine.  All  this  idea  of  life  tenure  of  office  is  akin 
to  that  of  hereditary  power,  an  idea  which  is  fast  losing  its  hold 
upo.i  even  the  European  mind.  The  nature  of  this  iutlicial  organ- 
i/,.ition  is  al  ogetlier  iiiharmoneous  with  the  balance  of  nur  politi- 
cal .system.  It  destroys  the  symmetry  of  our  .sy-tem;  and  is 
f  ui-.ded  upon  an  idea  which  is  utterly  ridiculous  wdien  applied  to 
Aiuerican  society  and  American  iiistitnlions.  It  is  founded  upon 
the  idea  of  rendeilng  the  jiuliciarv  iiidepeiulent  of  the  people;  and 
hence  we  hear  it  said  on  all  hands — we  read  it  in  our  horn-books 
before  we  come  to  the  bar — we  hear  it  from  the  bencliand  the  bar, 
that  the  judiciary  ought  not  to  be  elective.  The  idea  of  the  inde- 
pendence of  the  judiciary  in  England  was  an  idea  of  liberty.  It 
originated  in  the  fact  Ib.ai  by  the  fiction  of  the  English  constiiulion 
the  King  was  supposed  to  administer  the  laws  in  his  own  proper 
pers  in,  and  to  he  present  on  every  bench  declaring  what  the  law 
was.  When,  therefore,  the  King  was  absent,  he  umlertook  to 
supply  the  place  of  his  presence  by  sending  a  court  to  ^jive  their 
judgment,  and  mandates,  which  were  iiuplieitly  obeved  by  the  ju- 
ries. It  became  essential  to  the  liberties  of  EuL'land  in  this  state 
of  things,  that  the  court  should  be  made  independent  of  the  crown, 
and  therefore  the  judges  were  appointed  for  life.  Bnl  ours  is  an 
inversion  of  the  English  system;  and  the  only  moile  of  reasoning 
truly  with  regard  to  our  .system  is  to  reason  rt  v-Tsely  of  what 
would  he  true  with  regard  to  the  Enulisb  system.  That  which  is 
true  of  the  English  system  is  for  that  very  reason  false  here. — 
There  should  be  no  inde|iendence  of  any  judiciarv  hero.  To  make 
the  case  analagoiis,  the  word  independence  should  apjilv  as  between 
the  appointing  power  and  the  court,  and  not  as  between  the  peo- 
ple and  the  court.  And  to  make  the  case  still  more  analagous, 
there  would  have  to  be  a  supposition  that  the  appointing  power 
had  the  right  to  adjudicate,  and  in  virtue  of  the  right,  the  power 
to  control  those  whom  it  had  appointed  to  adjiidieate;  both  of 
these  positions  being  false,  and  not  entering  in  anywise  into  our 
system.  There  should  be  no  tribunal  in  ihi'*  country  independent 
of  the  wholesome  induenco  of  public  will.  Our  government  rests 
upon  that  influence.    It  is  that  public  will   which  gives  sanction 


and  legality  to  the  acts  of  our  government.  It  is  not  thi  thing 
which  we  call  a  constitution  that  forms  the  government  of  ttie 
United  Slates.  '•  Ink  and  paper  cannot  form  a  christian,"  said  a^ 
celebrated  divine  more  than  two  hundred  years  ago,  in  a  sermon 
preached  before  the  House  of  Commons  Ink  and  paper  cannot 
Ibrm  a  government,  nor  can  they  make  a  freeman.  Government 
consists'in  the  will  of  the  people — a  will  dictated  by  their  inter- 
ests, and  the  union  of  their  interests  constituting  the  interests  of 
the  nation.  The  public  sympathies,  the  manners,  the  morals,  the 
sentiments,  the  reason  of  the  people,  constitute  our  government. 
The  constitution  is  to  the  government  what  a  fence  is  to  a  farm, 
and  no  luore.  It  defines  its  limits,  and  keeps  out  stray  cattle.— 
But  the  source,  and  authority,  and  power  of  the  government  is 
within — in  the  liearts  and  sympathies  of  the  peonle,  to  be  found  at 
the  firesides,  and  in  the  family  circle,  in  the  neighborhood  ideas, 
and  associations.  There  is  the  government,  and  in  that  sense  there 
should  be  nothing  not  amenable  to  the  people- 

This  feature,  then,  in  the  organization  of  the  Supreme  Court  is 
not  in  harmony  with  our  system;  and  I  would  admonish  those  gen- 
tlemen, who  do  not  think  as  I  do  on  these  points,  but  wish  to  main- 
tain this  judiciarv  in  its  present  features,  that  if  they  do  not  wish 
to  sound  the  tocsin,  they  had  belter  not  separate  the  judges  lor 
an  iKuir  from  circuit  duties,  and  direct  intercourse  with  the  people 
of  the  States.  That  is  the  only  feature  in  the  system  whica  con- 
nects them  with  the  nation;  and  if  that  be  struck  out,  the  striking 
out  of  the  court  will  follow  as  naturally  as  the  snufiiing  of  a  cau- 
dle issues  in  darkness. 

Mr.  CRITTENDEN.— I  intend  to  occupy  the  attention  of  the 
Senate  only  for  a  few  raomenls.  I  regret  that  geullemen  have_ 
chosen  this  occasion,  so  unimportant  in  itself,  for  the  purpo.ses  of 
debating  qneslions  and  principles  which,  according  to  my  ;udg- 
meni,  are  not  included  in  the  subject  under  our  consideration. — 
To  what  purpose  is  it  to  debate  il'.e  question  as  lo  the  political 
character  of  the  Snprcme  Court  of  the  United  States — to  debate 
the  question  whether  it  was  best  toa]ipoint  the  judges  in  the  man- 
n  'r  prescribed  for  in  our  eonsiitution.  or  to  change  that  constitu- 
tion and  make  them  oleetive  ?  Where  is  the  necessity  of  mquiring 
into  the  nature  and  extent  of  the  jurisdiction  of  the  court  ?  Wliero 
the  propriety,  on  this  occasion,  of  inquiring  into  the  individuaJ  or 
cidleciive  eompetencv  of  the  judges?  In  no  one  of  any  of  ihese 
]iarticulars,  in  no  regard  to  any  principle  or  question  involved  in 
il  as  a  system,  does  this  bill  touch  the  subject  It  takes  the  court 
as  it  stands — as  il  is  legally  and  constitutionally  esiaidished — with- 
out change  or  alteration  of  its  jurisdiction,  and  simply  proposes — 
what?  That  because  of  an  inconvenient  accumnlaiion  of  business 
in  the  Supreme  Court  of  the  United  States,  rendering  it  impossi- 
ble for  the  court  to  dispose  of  the  business  before  it  in  less  than  two 
or  three  vears,  a  remedy  should  be  applied,  bv  which  this  evil  may 
bo  obviated.  And  what  is  the  remedy?  This  bill  simply  pro- 
poses to  authorize  the  judges  of  the  Supreme  Court  to  hidd 
a  second  term  in  the  course  of  the  year  besides  that  to  which 
they  are  now  limited  for  the  purpi  s>.  of  despitching  this  acciimu- 
l.iied  liusiness.  Now.  what  principle  is  involved  in  this  beyond 
the  simple  question  of  providing  a  remedy  which  all  admit  ?  Sir. 
if  I  understand  all  the  arguments  that  have  any  application  to  this 
subject ,  genileuieii  woufd  have  no  objection  to  this  measure  if  they 
did  not  apprehend  that  it  was  in  ended  as  a  wedge  or  the  com- 
mencement, as  they  express  it,  of  another  sjstem,  having  for  its 
object  the  suspension  of  the  judges  of  the  Supreme  Court  li'om  all 
diitv  in  the  circuit  ciHirts,  confining  theiii  to  the  duties  belonging 
to  the  Supreme  Court.  Gentlemen  imagine  this  and,  Ihcrelore, 
refuse  to  apply  the  proposed  remedy  for  an  acknowledged  evil. 
They'  do  not  .suppose  thaf  the  evil  is  so  great  but  that  it  may  L« 
borne  So  it  may.  And  gentlemen  speak  of  the  danger  of  the 
remedy.  Let  us  examine  it.  The  bill  provides  for  a  single  year. 
Aecnrding  to  existing  laws  the  next  term  of  the  Supreme  Court 
will  commence  on  the  first  Mond.iy  in  December  next.  We  sire 
now  in  the  first  week  in  Aiuil.  Four  moi  ihs  of  the  year  have 
then  expired.  The  three  corresponding  months  of  the  next  year 
will  be  occupied  by  the  Court  in  the  transaction  of  its  business, 
so  thai  the  whole  peril  of  the  proposed  measure  lies  wilhin  the 
compass  of  eight  months.  But,  forsooth,  if  we  indulge  the  Su- 
preme Court— for  gentlemen  seem  to  regard  it  as  an  indulgence — 
by  graniing  them  permission  to  come  here  and  despatch  the  busi- 
ness of  the  court  in  that  period,  great  danger  is  to  arise — a  new 
system  is  to  grow  up — a  new  principle  is  to  be  evolved  which  is 
to  relieve  the  judges  o\  the  Supreme  Court  from  ail  other  duties 
except  those  belonging  to  the  Supreme  Court — and  other  serious 
political  onsequencos  will  result!  I  do  not  apprehend  any  such 
thing.  The  hill  itself  seems  to  guard  against  any  such  conse- 
quences by  its  limitation  to  one  year.  It  is  proposed  solely  as  a 
jiarticular  remedy  for  a  particular  ease.  But  are  not  these  conse- 
ipiciuies  in  our  own  hands  ?  Are  gentlemen  .afraid  that  they  iheui- 
selves  will  do  this  wrong  ?  There  is  not  a  Senator  here,  so  far  as 
I  can  judge  lii.m  the  opinions  that  I  have  heard  expressed,  who  is 
willing  to  change  the  present  system  so  far  as  to  separate  the 
judges  from  the  circuit  court  and  limit  them  to  the  Supreme  Court. 
I  am  glad  to  believe  that  there  is  not  a  single  Senator  who  enter- 
tains lliat  opinion.  When  the  Senate  then  iiavc  the  issue  and  con- 
seipiences  in  ilieir  own  hands,  I  ask,  what  solid  ground  there  is  for 
any  apprchensinu  i  Is  there  any  danger  that  the  Senator  from 
Arkansas  will  be,  even  in  liieso  revolutionary  times,  so  perfectly 
revolutKuiized  in  h.s  opinions  as  to  come  back  prepared  to  reverse 
all  his  ojiinions  which  lie  hat  expressed  here  to-day  ?  Here  is  an 
evil  wliieh  wc  can  correct.     This  bill  proposes  lo  correct  it.     The 


April  7.] 


THE  JUDICIARY  BILL. 


461 


only  objection  is,  that  the  remedy  proposed  is  one  out  of  which 
dangerous  eonsequenoes  may  hereafter  (jrow  ;  and  we  have  no  se- 
curity for  ourselves  that  that  will  not  he  the  case.  Why,  sir,  we 
arc  afraid  of  ourselves  !  If  I  believed  that  ever  so  remotely  or 
possihly  this  measure  could  be  perverted  to  such  an  object  as  gen- 
tlemen seem  to  apprehend,  I  would  bo  one  of  the  last  to  vote  for 
it.  But  I  do  not  desire  to  go  into  this  subject.  I  desire  rather  to 
liave  this  bill  voted  upon  than  any  thing  else.  If  the  Senate  be 
against  it  let  it  go. 

Another  remark  or  two  I  must  be  excused  in  making.  It  is  sup- 
supposed  that  this  is  a  bill  for  tbo  relief  of  the  judges  of  the  Su- 
preme Court.  Relieve  them  for  what?  It  relieves  ihem  by  re- 
quiring them  to  hold  a  term  of  the  Supreme  Court  and  di.seharge 
all  the  arduous  duties  of  their  oflice.  What  relief  is  there  in  that  ? 
Are  these  labors  less  arduous  and  fatiguing  than  travelling  in  the 
season  of  the  year  which  hr.s  now  come,  and  in  any  portion  or  cli- 
mate of  this  country  from  this  period  till  December  next  <  Are 
these  labors  less  expensive  to  them  individually  than  travellinjj  in 
their  clrcuiis  would  be  '  I  apprehend  not.  But  relief  it  is  obvious, 
is  no  [)art  of  the  purpose  of  this  bill.  It  is  only  to  make  it  their 
particular  and  exclusive  duty,  within  a  liiuited  period,  to  dis- 
charge the  highest  of  their  duties,  the  decision  of  the  ctiscs  which 
have  accumulated  in  the  Supreme  Court  of  the  United  States. 
But  the  honoralilo  Senator  is  apprehensive  that  some  cases  may 
not  be  tried  .according  to  law — that  some  admiralty  eases  may  be 
dolaved  to  the  most  tremendous  and  incalculable  detriment  to  all 
the  p;;rties.  And  there  is  another  case  of  which  we  hear — appeals 
to  the  circuit  courts.  Now  litigation  may  be  uilinitely  more  active 
in  the  part  of  the  country  where  the  honorable  Senator  practices 
his  profession  so  much  more  prolitably  than  I  do;  but  in  the  section 
of  the  Union  from  which  I  come,  in  twenty  years  there  has  not 
been  Iwentv  cases  of  appeal  from  the  district  to  the  circuit  courts. 
And  as  to  the  Spanish  pirates,  the  gentleman  will  agree  with  me, 
that  our  entire  coast  is  free  from  such  a  pestilence  !  But  if  such  a 
case  should  occur  in  these  eight  months,  and  a  ship-load  of  pirates 
should  be  brought  into  an}'  port  frrun  New  Orleans  to  Boston,  this 
bill  permits  one  of  those  judges  to  go  there,  and  bang  those  pi- 
rates secundum  artem,  and  as  nicely  as  the  Senator  can  desire  ! 

Mr.  ASHLEY. — I  extended  my  remarks  to  all  cases  of  felony 
and  murder. 

Mr.  CRITTENDEN.— Well,  then,  the  keeping  of  a  felon  out 
of  the  penitentiary  for  a  fsw  months  in  the  only  po.-sible  contingen- 
cy that  may  occur.  I  dare  say  that  in  our  widely-extended  empire, 
such  cases  might  happen.  But  do  tlicv  ticservc  serious  considera- 
tion in  such  a  case  as  that  now  before  us?  Some  petty  robber  cf 
your  mails — some  post  boy,  or  something  of  that  kitid,  and  for  the 
important  reason  of  trying  him,  all  things  else  must  be  forgotten, 
and  this  remedy  lor  existing  known  evil,  is  not  to  be  applied  !  It 
seems  to  inc,  Mr.  President,  that  the  honorable  Senator  has  got 
his  mini!  a  little  fevered  on  this  subject,  and  that  be  does  not  view 
it  with  that  calmness  and  discretion  which  usuallv  characterize  his 
l.ibors  as  chairman  of  the  Couimiitee  on  the  Judiciary.  I  appre- 
hend that  he  has  allowed  his  mind  to  run  ofl',  in  fact,  from  the  con- 
sideration of  the  particular  subject  before  it,  to  other  principles  and 
questions  not  at  all  involved  in  it,  or  to  minor  ditlieulties  that  ouaht 
not  to  be  allowed  any  weight.  His  mind  is  evidently  prejudiced 
He  apprehends  that  the  judges,  consulting  their  own  experience, 
had  suggested  this  bill  as  a  proper  remedy  for  the  existing  evil, 
and  that  that  is  a  siu-t  of  Nazareth,  out  of  which  no  go-  d  can  come. 
But  as  my  friend  from  New  Jersey  has  said,  who  so  well  qualified 
to  suggest  a  remedy  as  the  judges  of  the  court,  and  are  not  their 
suggestions  subject  to  our  consideration  and  j  dgmcnt  ?  I  do  not 
know  that  the  judges  have  suggested  this  thing.  I  know  nothing 
about  the  fact,  but  admitting  it  to  be  as  the  gentleman  supposes, 
I  derive  no  prejudice  against  the  measure  on  that  account.  Not 
at  all.  Thejudges  are  very  competent  persons  to  suggest  a  rem- 
edy, and  the  measure  is  commended  to  us  from  that  very  cir- 
cumstance. 

I  do  not  wish  to  debate  this  question  ;  I  would  rather  avoid  de- 
bate. I  desire  the  decision  of  the  Senate.  I  have  no  doubt  the 
minds  of  Senators  are  sulTiciently  made  up,  and  to  their  judgment 
I  shall  bow  with  all  the  deference  to  which  it  is  entitled.  I  hope, 
sir,  the  question  may  be  taken. 

Mr.  BENTON. — I  always  regret,  sir,  when  debate  takes  a  per- 
sonal turn— and  when  the  intentions  or  wishes  or  motives  of  Sena- 
tors become  the  subject  of  remark — the  discussion  may  be  re- 
gard'-d  as  having  become  personal.  In  the  little  I  have  said  and 
the  little  I  may  say,  I  leave  out  of  view  entirely  the  intentions  of 
ever)  Senator.  I  impute  to  no  one  a  design  to  separate  the  Su- 
premo Court  of  the  United  States  from  the  States,  but  I  reason 
from  the  nature  and  elfeot  of  things.  The  cfl'cct  of  this  measure 
will  be  that  separation,  and  it  is  perfectly  immaterial  what  are  the 
intentions  of  Senators,  or  wliat  obligations  thev  may  impose  upon 
themselves  never  to  do  this  again.  If  a  Senator  says  that  be  will 
vote  this  once  and  never  vote  it  again,  certainly  he  will  do  what  he 
says  ;  but  it  is  altogether  a  personal  matter  ;  it  depends  upon  his 
life — upon  his  coming  here — upon  this  Senate  continuing  in  time  to 
come,  to  be  exactly  what  it  is  to-day.  The  moment  we  go  into  the 
intention  of  Senators  in  regard  to  our  legislation,  we  fall  into  the 
absurdity  that  the  Senate  is  not  only  permanent  as  a  body,  but 
permanent  in  its  constituent  members — that  they  are  always  to  sit 
here,  and  that  having  done  the  thing  once  they  will  not  do  it  acain. 
But  we  are  to  have  successors,  and  God  knows  there  have  been 
examples  enough  to  show  that  successors  are  not  at  all  bound  by 


any  resolves  of  those  who  preceded  them.  As  reasonable  men  we 
would  be  bound  on  a  recunence  of  the  evil  that  now  exists  to  ap- 
ply the  same  remedy.  That  is  the  point  of  view  in  which  I  regard 
this  question,  and  while  I  am  ready  to  admit  that  every  Senator 
will  redeem  his  pledge  and  vote  against  it,  I  must  say  that  it  is 
only  by  virtue  of  his  pledge  he  will  be  bound,  because'if  this  di- 
vorce of  the  Supreme  Court  from  their  duties  in  the  Stales  is  an  ap- 
propriate remedy  for  a  surcharged  docket  now,  it  must  be  the  re- 
medy in  all  time  to  come.  Just  so  often  as  there  is  a  surcharged 
docket,  this  will  be  the  remedy  if  we  agree  to  it  now.  Here  lies 
the  (liiri^ilty.  The  danger  is  in  admittirg  this  to  be  the  appropri- 
ate rcn  edy,  thereby  making  it  the  remedy  in  any  ease  which  is  to 
occur  hereafter,  until  it  become  habitual,  just  as  iiabiiual  as  to 
I  ass  ihe  bill  every  year.  Thus  the  application  of  this  remedy  will 
become  a  matter  of  course,  till  at  last  there  will  be  a  general  law 
to  divorce  the  Supreme  Court  from  the  States  forever. 

For  myself  I  look  upon  this  one  year  plan  as  the  application  for 
the  wood  which  is  to  make  the  handle  to  the  axe.  Grant  but  a 
little  bit  of  wood  and  the  whole  forest  will  be  cut  down.  Begin 
with  these  yearly  instalments  of  relief,  and  where  will  you  end? — 
I'ortificd,  strengthened,  stimulated  by  this  encouragement,  that 
best  of  all  arguments,  precedent,  will  be  urgcil,  and  ll.e  separation 
of  the  Supreme  Court  from  the  States  will  be  inevitable.  That 
there  is  a  great  evil  I  do  not  dispute,  all  admit  it.  The  docket  is 
locked  up,  and  the  court  cannot  meet  and  despatch  eases  as  they 
arise.  The  question  is,  what  is  the  appropriate  remedy  ?  In  the 
first  place  I  say  that  the  remedy  we  propose  to  apply  is  a  greater 
evil  than  the  evil  itself  ;  and,  secondly,  that  it  is  no  remedy.  The 
docket  will  be  as  it  is  at  present,  for  we  know  that  if  we  pass  this 
bill,  the  appeals  must  be  more  numerous  than  heretolbre.  I  de- 
sire time  for  deliberation  in  order  that  the  attention  of  the  Judici- 
ary Committee  may  be  directed  to  the  subject.  I  recollect  very 
well  that  some  years  ago  a  judge  of  the  Supreme  Court  told  me 
that  he  could  get  on  very  well  if  it  were  not  for  the  business  of 
this  district — that  there  is  very  little  limitation  with  respect  to  the 
cases  arising  here — that  the  counsel  and  the  panics  all  live  here 
and  that  the  court  is  blocked  up  with  the  business  of  the  District 
of  Columbia,  which  there  is  no  ren.son  in  the  world  to  bring  before 
it.  It  seems  to  luc  that  there  might  he  some  additional  limitations 
imposed  which  would  diminish  the  number  of  appeals,  but  I  have 
mt  examined  this  subject  for  the  purpose  of  ascertaining  the  ap- 
propriate remedy.  1  i  an  only  express  the  belief  that  the  evil  may 
be  remedied  without  falling  into  a  far  greater  evil  than  the  one  of 
which  we  wish  to  get  rid.  I  am  in  favor  of  n  remedy  ample  and 
coin]ilete,  or  none  at  alb  I  am  against  the  application  of  a  little 
half-way  remedy — a  temporary  instalment  remedy — for  I  believe 
it  will  be  like  all  other  instalment  remedies,  renewed  until  it  be- 
come habitual. 

The  judges  have  separated — they  have  gone  away — some  of 
them  are  near  the  discharge  of  their  duties  in  the  circuits. — I  think 
it  will  be  best,  in  all  the  circumstances  to  recommit  the  bill,  and  as 
we  have  a  long  session  beliue  us,  devote  time  and  consideration 
to  the  subject;  which  may  result  in  the  application  of  a  permanent 
and  safe  remedy,  relieving  us  from  the  necessitv  of  rccurrinir  vcar 
after  year  to  a  species  of  remedy,  which  after  all,  does  no"  meet 
the  case,  and  produces  a  greater  evil  than  that  which  it  was  de- 
signed to  remove. 

Mr.  BADGER. — I  feel  great  reluctance  in  rising  to  sav  any 
thing  on  this  bill.  I  see  around  me  frieiids  who  are  aiixiiais  for  its 
passage,  gentlemen  whose  wishes  I  delight  to  promote, 
and  for  whoso  deliberate  judgment  I  entertain  the  highest 
respect.  But  I  am  deeply  impressed  with  the  conviction  that  the 
measure  now  proposed  fur  the  action  of  the  Senate  is  mischievous  in 
its  tendency.  Without  reference  to  the  motives  and  considerations 
which  have  induced  its  introduction  into  Congress;  and  before  I 
make  two  or  three  observations  on  the  merits  of  the  measure,  as 
some  gentlemen  who  have  spoken  on  this  subject,  have  stated  views 
in  relerence  to  this  court  in  which  I  did  not  concur — permit  me  to 
say,  that  I  am  in  every  sense  of  the  term,  a  friend  of  that  courts 
I  regard  that  institution  as  one  of  the  wisest  provisions  of  the  "reat 
charter  of  our  liberties,  which  our  ancestors  devised  and  traiismi- 
ted  to  us.  I  am  not  opposed  to  the  independent  tenure  of  ofiiee, 
by  which,  the  judges  occupy  their  seats  on  thai  bench.  I  look 
upon  that  as  the  very  provision  of  the  constitution  of  the  United 
States  which  renders  the  court  not  only  in  the  highest  sense  valua- 
ble, but  which  alone  renders  it  safe  ;  and  I  should  look  with  horror 
upon  a  tribunal  of  last  resort,  vested  with  such  high  powers,  if  its 
members  held  their  ofTice  by  the  tenure  of  Executive  caprice 
or  popular  passion  and  pr'eju  'ice.  Neither  am  I  opposed 
to  this  bill  on  the  ground  that  it  mav  have  been  suggested 
\iy  the  judges,  and  is  intended  to  afford  them  relief.  T  shall 
always  feel  myself  prompt  and  ready  to  atlbrd  any  rel'cf. 
to  liie  gentlemen  who  occupy  a  p'lace  upon  that  bench', 
provided  ii  be  in  my  judgment  consistent  with  the  public  welfare  ; 
and  other  things  being  equal,  it  would  be  to  me  a  strou"  recom- 
mendation of  a  measure  that  it  was  calculated  to  afford  relief,  and 
manifest  a  generous  consideration  on  the  part  of  Congress,  for 
those  high  functionaries  upon  the  effieien*  discharge  of  whose  du- 
ties everything  which  is  in  the  highest  decree  valuable  to  us  as 
American  citizens  in  my  opinion  arcatly  depends.  Still  I  am  op- 
posed to  this  bill — I  am  opposed  to  it  because  I  am  a  friend  to  the 
court — I  am  opposed  to  it  because  I  believe  it  to  be  the  commence- 
ment of  a  system  by  which  the  moral  infiuenes  and  power  of  that 
court  will  ultimately  be  overthrown  ;  and  it  will  remain  either  an 
incubus  upon  our  institutions  pressing  them  with  a  weight  injuri. 


462 


THE  JUDICIARY  BILL. 


[Friday, 


ous  to  the  community,  or  perhaps  producing  such  a  state  of  thingi 
in  the  public  mind,  as  uliimalely  to  destroy  the  institution  itself,  or 
overthrow  that  independent  tenure  of  oiiice  which  to  me  is  its 
highest  recommendation.  I  have  no  doubt,  sir,  that  the  measure 
is  sincerely  brought  forward  simply  as  a  temporary  relief  for  an  ad- 
mitted evil — that  it  is  designed  to  operate  ordy  for  a  present  emer- 
gency. But  I  believe  the  consequence  of  it  will  be,  not  the  necessary 
and  mevitable,  but  the  natural  and  probable  consetiuence — the  ulti- 
mate separation  of  the  judges  from  their  circuit  duties.  We  are  not  to 
take  this  bill  and  look  upon  it  as  ail  isolated  measure.  This  is  not 
the  first  time  within  a  few  years,  that  Congress  has  been  called  to 
act  in  reference  to  the  accumidation  of  business  in  that  court  and 
the  means  of  relieving  its  docket.  In  Juno,  1S44,  Congress 
passed  an  act,  having  in  view  the  same  object  and  containing  two 
provisions;  the  first,  directing  that  the  term  of  the  Supreme  Court 
should  commence  not  on  the  second  Monday  in  January,  but  on 
the  first  Monday  in  December,  so  as  to  add  live  weeks  to  the  term 
of  the  court;  and  the  second,  declaring  that  the  judges  of  that 
court  should  be  discharged  from  their  obligation  to  attend  two 
terms  of  the  federal  courts  each  year,  and  should  thereafter  bo 
under  an  obligation  to  attend  only  one  term  each  year.  Now,  in 
rny  opuiion,  this  second  provision  in  the  law  of  1S44,  involved  an  un- 
wise alteration  of  the  system.  I  believe  that  the  great  dillieulty 
with  regard  to  the  cnneclion  of  the  judges  of  the  Supreiue  Court 
with  the  circuits,  is,  that  they  do  not  hold,  and  from  the  nature  of 
the  case,  owing  to  the  extent  of  our  country,  cannot  hold  circuit 
courts  enough;  and  that,  therefore,  when  Congress  authorized  a 
judire  of  thai  court  to  absent  himself  from  one  term  in  the  year, 
they  did  much  to  iuijiair  the  eliieieney  of  the  members  of  the  Su- 
preme Court.  In  my  view,  it  is  absolutely  essential  that  the 
ludcres  of  every  court  of  last  resort,  should  be  judges  constantly  in 
the  habit  of  trying  causes  in  the  court  below.  Affer  all,  whatever 
questions  of  admiralty  law  may  fall  under  the  jurisdiction  of  courts 
of  the  United  States,  the  most  important  part  of  their  functions  as 
judfTcs  consists  in  administering  the  oUI  common  law  of  En^iiand, 
as  modified  by  the  difl'erent  States  of  this  Union.  Who  formed 
that  common  law  ?  Five  or  six  gentlemen  in  their  private  cham- 
ber or  public  court  at  Westminster  Hall  ?  No  !  It  was  the  result 
of  the  application  of  wise  and  intelligent  minds,  to  the  practical 
operation  of  the  rules  they  themselves  first  educed,  from  the  trans- 
actions of  mankind,  and  then  applied  to  regulate  them.  Does  any 
one  believe  that  such  a  system  as  the  common  law,  could  have 
been  built  up  in  any  other  way  ?  If  so,  are  we  to  trust  to  powers 
who  occupy  the  highest  station,  the  great  paramount  authority  of 
preserving,  perpetuating  and  defending  these  very  principles 
which  they  were  inca))able  of  building  uji,  isolated  from  the  ordi- 
nary transactions  of  judicial  business,  and  sitting  in  this  capitol  to 
publish  their  deciees  to  the  American  people?  I  have  said  that  in 
my  view,  the  relaxation  allbrded  by  the  act  of  '44,  was  unwise 
and  dangerous,  but  I  have  alluded  to  it  now,  in  order  to  show 
to  what  this  course  is  tending.  Four  year  ago.  Congress,  for 
the  purpose  of  facilitating  the  dispatch  of  business,  and  enabling 
the  court  to  reduce  it  to  manageable  bounds,  added  five  weeks  to 
the  term  of  the  court,  and  <lischarged  the  judges  from  sitting  one 
term  in  the  ciicuu  courts.  What  was  the  result  ?  Was  the  dock- 
et relieved  ?  Is  the  court  now  able  to  control  its  business  ?  Why 
we  are  now  called  upon  to  discharge  the  judges  from  the  obliga- 
tion to  attend  any  court  in  their  circuits  lor  one  year.  They  are 
now  by  existing  law,  discharged  from  riding  one  of  their  cir- 
cuits in  the  year,  and  now  it  is  proposed  to  discharge  them  lor  one 
year,  from  holding  any  jury  courts  whatever  ! 

I  think  that  in  view  of  the  past  legislation  of  Congress,  and  of 
the  consideration  suggested  by  the  Semtor  from  Missimri,  there 
is  every  reason  to  believe  that  at  the  next  session  of  Congress,  the 
ueeessiiy  for  fun  her  relaxation  will  not  only  not  he  removed  or  di 
minished,  but  will  bo  inercaseil  and  urged  as  a  reason  lor  a  continu- 
ance of  more  strongly  relief.  If  appeals  be  so  numerous  now,  when 
the  circuits  below  do  have  occasionally  two  judges  for  tie  purpose 
of  hearin"  and  deciding  important  causes,  what  m;iy  we  expect 
when  for  a  whole  year,  the  determination  of  every  cause  important 
or  unimportant,  involving  whatever  amount  of  property,  or  wlia:- 
cver  perplexing  question, will  be  ihrosvn  by  the  necessity  of  the  case 
on  a  Siii"'le  judge  ?  I  think  that  in  every  important  cause,  there  will 
be  a  writ  of  error  or  appeal  to  the  Supreme  Court,  and  that  twelve 
months  hereafter,  you  will  huve  just  as  much  rcasun,  nay,  greater 
reason  for  the  passage  of  a  special  law. 

Then,  as  I  apprehend,  if  Congress  act  consistently,  applying  this 
remedy  from  year  to  year,  luties  qtioties,  it  must  come  to  this,  that 
we  shall  have  these  gentlemen  as  judges  of  the  Supremo  Court 
of  appeals,  not  mingling  with  the  ordinary  transactions  of  business 
— not  accustomed  to  the  "forensic  strcpiivs"  in  the  c^mrts  below — 
nit  seeing  the  rules  of  evidence  practically  appliedto  the  cases  be- 
fore i  hem — not  enliL'htencd  upon  the  laws  of  ihe  several  Slates, 
which  they  have  linally  t'l  ailuiinisl.'r  here,  by  the  diseiis-ion  of  able 
and  Iciirned  eoiuisel  in  the  courts  fielow- — noi  seen  by  the  people  of 
the  United  Slates — not  known  and  recognized  by  them — not  touch- 
ing iheuias  it  were  in  the  administration  of  their  liighortice — not  felt 
arid  understood,  and  realized  as  part  and  parcel  of  this  great  pop- 
ular government;  but  silting  here,  alone — becoming  philosophical 
and  speculative  in  their  inipiiries  as  to  law — becoming  necessarily, 
more  and  more  dim  as  to  the  nature  of  the  law  of  the  various  States, 
from  want  of  familiar  and  daily  conneelion  with  them — unseen, 
final  arbiters  of  justice,  issuing  their  decrees  as  it  were,  from  a 
secret  chamber — moving  invisibly  amongst  us,  as  far  as  the  whole 
community  is  concerned;  and  in  my  judgment  losing  in  fact,  the 
ability   to  discharge   their  duties,  as    well  as.  that  responsivo 


confidence  of  the  people,  which  adds  so  essentially  to  the  sanction 
of  all  the  acts  of  the  officers  of  govern.r.ent. 

These  are  the  consequences  to  which,  in  my  judgment,  the  mea- 
sure tends.  I  am  willing,  promptly  and  cheerfully,  to  extend  to 
the  judges,  for  their  own  benefit  and  at  their  own  request,  any 
reasonable  indulgence  and  relaxation  which  may  not  be  inconsist- 
ent with  the  public  good.  But  the  gentlemen  who  advocate  this 
measure  say,  here  is  an  evil  and  we  propo>e  to  remedy  it  by  spe- 
cial legislation.  Now,  it  has  been  well  »aid  in  ancient  fabl« 
that  when  the  aid  of  Hercules  was  supplicated  by  the  unfortunate 
wagoner,  the  answer  which  the  god  gave  was,  "Lay  your  own 
shoulder  to  the  wheel,  and  if,  after  putting  forth  your  own 
powers  you  find  yourself  not  adequate  to  the  emergency,  then 
Hercules  will  help  you."  I  apprehend  that  the  court  has  no  right 
to  expect  or  ask  any  special  legislation  until  after  it  has  put  its 
own  shoulder  to  the  wheel — until  it  has  fairly  applied  all  the  pow- 
ers with  which  it  is  vested  by  law,  in  order  to  accomplish  this  de- 
sirable result.  Now,  has'the  court  done  so  ?  What  oci-asions  this 
accumulation  of  business  ?  During  a  session  of  upwards  of  ninety 
days  tlie  court  decided,  as  the  Senator  from  Arkansas  informs  us, 
about  forty  cases. 

Mr.  CRITTENDEN.— Upwards  of  fifty  cases. 

Mr.  BADGER. — My  friend  from  Kentucky  says,  from  the  state- 
ment of  the  clerk,  upwards  of  fifty  cases  have  been  decided.  I 
imagine  that  the  two  statemenls  are  quite  reconcileable.  The 
clerk  puts  down  all  the  cas^-s  that  have  gone  oIF  the  docket ;  seve- 
ral cases  being  involved  in  (»no  opinion,  and  some  mere- 
Iv  <Iocketcd  and  dismissed.  Why  were  lutt  there  more  cases 
disposed  of?  We  are  all  somewhat  familinr  with  the  man- 
ner in  which  cases  are  argued  in  that  court.  Now,  Lord  Bacon 
has  informed  us  m  one  ot  his  essays — and  no  man  understood  bet- 
ter theoretically,  than  he,  the  duties  of  a  judge,  whatever  miaht 
have  been  his  practical  discharge  of  those  duties — that  one  of  the 
oliices  of  a  judge,  was,  'Mo  moderate  length,  repetition,  and  im- 
pertinence of  speech,"  using  the  latter  term  of  course  in  its  origi- 
nal and  appropriate  signification,  not  as  meaning  insolence,  but 
irrelevancy.  Now,  has  that  remedy  been  applied  by  the  court  ? 
Has  the  court  taken  upon  itself  the  responsibiliiy  which  it  ought 
to  have  exercised,  in  order  to  prevent  a  waste  of  the  public  time 
by  those  who  happen  to  gain  the  ear  of  the  court  a  little  earlier,  iu 
debate,  indulging  in  idle  and  frivolous  discussion,  felt  by  the  court 
tl'.emselves  to  be  totally  immaterial  to  the  decision  of  the  cause?  Has 
the  court  been  earelul  to  prevent  discussion  of  questions  which  might 
be  regarded  as  axiomatic  in  this  country — dissertations  or  scholastic 
essays,  like  those  delivered  to  young  men  prosecuting  their  studies 
in  a  lawyer's  office,  in  the  expectation  of  obtaining  a  license  ?  It 
is  quite  familiar  to  us  all,  that  in  a  ease  which  attracted  some  at- 
tention, one  of  the  learned  counsel  occupied  an  entire  day  for  the 
purpose  of  demonstrating  this  very  dilficult  proposition  in  .Vmerica, 
that  the  people  are  sovereign;  and  then  pursued  his  argument  on  the 
second  day  by  endeavoring  to  make  out  the  extremelv  dilficult 
conclusion  from  the  first  ]iroposition,  that  being  sovereign  they 
had  a  right  to  frame  their  own  constitution'  Well,  now.  if  the 
court  sit  quietly  while  gentlemen,  from  whatever  motive,  either  to 
gain  distinction  from  an  exhibition  of  their  polemical  powers,  capac- 
ity for  didactic  discussion,  or  any  other  reason,  occupy  the  atten- 
tion of  the  court  wuh  such  discussions,  what  hope,  what  expecta- 
tion can  be  cnlerl.iincd,  that  this  bill  will  supply  any  remedy  for 
the  evil  of  a  surcharged  docket  ? 

I  have  no  doubt  if  the  court  had  met  on  the  1st  of  December, 
with  the  resolute  purpose  of  confining  the  argument  of  counsel  to 
the  questions  on  record,  and  refusing  to  listen  to  any  discus.sion  of 
any  jioints,  which  the  court  considered  to  be  clear  and  settled, 
instead  of  deciding  forty  cases,  the  court  might  have  deciiled  one 
hundred  and  forty.  Gentlemen  around  me  know,  that  we  belong 
to  a  profession  exceedingly  discursive,  and  that  when  we  have 
looked  into  a  subject,  and  imagine  that  we  can  make  a  display, 
we  are  very  apt  to  occupy  time  without  consideration  of  the  just 
claims  of  those  who  are  to  come  after  us. 

A  Senator — (in  his  seat.) — And  abuse  the  court  if  they  stop  us! 

Mr.  BADGER. — Yes.  and  abuse  the  court  if  it  administer  even 
a  gentle  admonition.  But  I  ask  why  was  the  Supreme  Court  made 
independent  as  regards  the  tenure  of  oflice,  and  t.9  snlarics 
of  its  judges  placed  above  control !  Surely  that  it  might  be 
indepeiulent.  1  mean  to  cast  no  rcproaidi  upon  the  cou.-t.  far 
from  it.  I  am  aware  that  the  duty  to  which  I  have  just  allnd  'tl 
is  one  of  groat  delicacy.  I  can  readily  appreciate  the  reluctance 
with  whicii  the  court  would  interpose  tins  rightful  power — this 
unpleasing  remedy  ;  and,  therefore,  if  the  court  had  time,  I  would 
have  no  objection  to  their  amiable  suU'orance  of  irrelevant  discussion. 
If  they  could  dispose  of  their  business,  1  have  no  objection  to  their 
allowing  t.'eiiil-.-'iiicn  to  occupy  days  iu  Jeuionstraling  thai  the  whole 
IS  eijual  to  all  the  pans,  or  that  things  that  arc  equal  to  the 
same  thing  are  equal  to  one  anot;iCr ;  or  any  other  grave 
and  dilTlcnlt  i|ncstion.  But  hero  is  a  case  in  which  the  public  are 
inierestcd,  in  which  it  is  not  the  time  of  the  court,  that  is  occupied, 
but  'he  time  of  the  suitors,  whose  cases  are  delayed,  and  whose 
interests  suller.  I  insist  that  in  such  a  case,  it  is  the  duty  of  the 
court  to  lay  aside  all  consitlerations  of  personal  courtesy,  and — not 
with  ruJcness — for  that  never  can  be  the  duty  of  the  judge  ;  but 
with  moderation,  firmness,  and  decision,  to  inform  counsel,  that  the 
time  of  the  court  must  bo  strictly  applied  to  the  business  belore  them. 
Independently  of  the  consideration  which  I  have  stated,  that  in  my 
view,  the  natural  and  probable  result  of  the  adoption  of  this  mea- 


April  7.'1 


THE  JUDICIARY  BILL. 


463 


sure  will  be  the  ultimate  discharge  of  tlio  judfjes  from  attendance 
on  circuit  altocetber;  which  I  would  look  upon  as  fatal  to  the  use- 
fulness and  moral  influence  of  the  court,  I  oliject  that  this  is  an 
application  to  Congress  for  a  special  act  of  le!;islation  to  apply  a 
special  remedy  for  a  special  grierance;  and  before  we  shall  enter- 
tain favorablv  such  an  application,  it  ought  first  to  be  shown  that 
the  ordinary'  remedies  placed  in  the  hands  of  the  tribunal,  have 
been  resorted  to,  and  have  proved  inefTicicnt.  Nc^-,  so  far  Ironi 
that  beinc  the  case  in  the  present  instance,  give  nio  leave  to  say 
that  all  are  perfectly  aware  that  the  court  has  interposed  no  such 
authority,  to  shorten  needless  debate  and  enable  them  to  dispose 
of  the  cases  on  their  docket.  But  sitting  there,  and  gaining  uni- 
versal favor  by  allowing  every  body  to  talk  ad  libitum,  they  ore 
obliged  to  seek  this  special  act  discharging  tlicni  from  circuit  du'y 
for  a  year,  in  ordur  to  sit  here  and  accomplish  in  that  time  the 
business  whi'h  I  have  no  doubt  could  have  been  disposed  of  in  lh» 
four  months  in  which  the  court  was  in  session. 

Believing  then,  that  the  experiment  is  a  dangerous  one,  on  ac- 
count of  the  consequences  which  may  flow  from  it;  and,  believing, 
that  at  all  events,  it  is  an  application  for  an  act  of  special  legis- 
lation, to  aflbrd  special  relief  when  the  ordinary  powers  of  the 
court,  if  exercised,  would  have  enabled  them  to  di.scharge  their 
duty  without  the  necessity  of  special  legislation,  I  for  one  cannot 
vote  for  the  measure  now  before  the  Senate. 

Mr.  PHELPS. — I  regard  this  judicial  system  which  has  been 
in  operation  some  fli'ty  years,  and  with  a  very  sliijht  interruption 
ever  since  the  organization  of  the  government,  as  the  best  that  can 
be  devised  for  the  general  government  and  for  the  people.  I  dep- 
recate as  much  as  the  Senator  from  North  Carolina,  or  any  other 
genilcinan  on  this  floor,  the  separation  of  the  judges  of  the  Supreme 
Court  from  their  circuit  duties.  The  consideration  that  the  sepa- 
ration of  the  judsies  of  the  Supremo  Court  from  their  circuit  duties 
would  operate  very  much  to  the  prejudice  of  the  country,  is  not 
to  be  overlooked.  I  have  had  my  fears,  however,  that  this  system, 
admirable  as  it  is,  would  have  to  be  abandoned;  and  that  appre- 
hension has  been  founded  upon  the  fact,  that  in  the  first  place,  the 
judges  have  not  time  to  attend  to  their  circuit  duties;  and  that  in 
the  second  place,  the  docket  of  the  Supreme  Court  had  became  so 
loaded,  that  the  business  of  the  court '■lannot  bo  despatched— the 
veiy  evil  which  I  apprehended  as  likely  to  grow  out  of  the  exten- 
sion of  our  territory,  and  the  utter  impracticability  of  having  the 
duties  of  the  circuit  court  discharged  by  such  a  number  of  judges 
as  would  bo  proper  to  be  congregated  here.  If  you  increase  the 
number  of  the  judges  of  the  Supreme  Court  with  a  view  to  enable 
them  to  discharge  all  the  duties  of  the  circuit  courts,  you  have  a 
court  too  numerous.  On  the  other  hand,  they  cannot,  if  they  bo 
limited  to  their  present  number,  discharge  the  duties  of  the  circuit 
courts.  AVhat  is  to  be  done  ?  Some  remedy  must  be  a]! 
plied.  In  my  humble  judgment,  we  have  this  alternative  beloro 
us.  We  must  either  allbrd  temporary  relief,  or  abandon  the  sys- 
tem altogether.  This  is  the  issue  presented.  Well,  not  bein^- 
disposed  to  abandon  the  system — preferring  to  retain  it,  and  for 
the  very  considerations  suggested  by  other  Senators — I  desire  to  ap- 
ply some  remedy  to  relieve  the  court  from  the  accumidation  of  bu- 
siness here.  In  my  judgment,  if  an  extra  session  of  this  court 
can  dispose  of  this  accumulation  of  business,  the  court  can  attend 
in  future  to  the  ordinary  discharge  of  its  duties.  If  this  be  not 
done,  what  is  the  result  ?  Why,  if  the  docket  of  this  court  is  al- 
lowed  to  accumulate  and  increase  from  year  to  year,  and  the  com- 
munity becomes  satisfied  that  the  business  of  the  court  cannm  bo 
despatched,  we  are  driven  irresisiibly  to  the  very  measure  which 
gentlemen  deprecate — the  separation  of  the  court  from  the  Slates. 
In  these  circumstances  there  is  but  one  alterimtive,  we  must  eiilier 
change  the  system  or  we  must  adopt  some  temporary  measure  of 
relief.  I  am  decidedly  of  o|)inion  that  we  should  resort  to  some 
measure  of  temporary  relief  and  preserve  the  system.  It  is  really 
a  choice  of  evils,  and  I  prefer  that  course  which  looks  to  tempo, 
rarv  relief,  rather  than  that  w-hich  must  result  in  an  entire  change 
of  the  system.  As  to  the  recommendation  of  the  Senator  from 
North  Carolina  I  have  only  to  say,  that  it  is  easy  to  talk  on  this 
floor  about  the  manner  in  which  the  judges  should  discharge  their 
duties.  I  confine  myself  to  the  subject  before  us,  and  allow  the 
judges  to  go  on  in  iheir  own  way. 

Here  a  motion  to  adjourn  was  put  and  lost. 

Mr.  CRITTENDEN.— What,  let  me  ask,  is  the  condition  of 
the  law  now?  The  judges  of  the  Supreme  Court  may  continue 
in  session  throughout  the  whole  j'ear,  can  they  not  ? 

Mr.  JOHNSON,  of  Maryland,  (in  his  seat.)— Certainly. 

Mr.  CRITTENDEN.— There  is  no  limit  to  the  session  of  the 
court  except  what  their  own  discretion  imposes.  By  law  the 
court  can  now  sit  throughout  the  whole  year,  so  long  as  there  is 
any  business  before  them.  What  does  this  bill  propose  to  do  ?  It 
says,  "and  the  business  of  the  Supreme  Court  shall  receive  the  un- 
divided attention  of  the  court  for  one  year."  They  can  then  ob- 
tain this  relief  by  the  law  as  it  now  stands.  But  if  we  order  them 
to  do  what  they  can  do  without  an  order,  lo  and  behold,  infinite 
danger  results  lo  the  whole  system,  and  the  chamber  is  filled  with 
<5rave  alarms  !  I  admit  that  it  is  wise  to  be  jealous.  But  that 
jealous  wisdom  must  have  its  limit.  What  do  gentlemen  fear  ? 
If  they  apprehend  evil,  why  not  change  the  law  now  ?  Gentle- 
men fear  a  ci'nscquenoe  which  exists  only  in  their  own  argnment. 
Does  any  body  desire  this  consequence  ?  Do  not  all  deprecate  it 
and  disclaim  it  ?  And  yet  gentlemen  are  areatly  alarmed  at  the 
tendency  of  this  measure — a  tendency   which  they  have  in  their 


own  hands!    In  this  case,  literally,  men  fleo  when  no  one  pursu- 
eth.     I  hope  that  the  vote  may  now  be  taken. 

Mr.  FOOTE. — Until  the    debate  occurred  to  which   we   have 
just  listened,  I  confess  that  I  was  decidedly  favorable  to  the  pas- 
sage of  this  bill.     But  some  objections  to  its  becoming  a  law  have 
been  prefened,  which  are  too  cogent  to    be  resisted,  and    I  shall, 
conrrarv  to  my  first    inclinations,  vole  against   it.     The  merits  of 
the  bill  have  been  so  fully  dcbalcd,  that  nothing  w'hich  I  could  now 
say,  would  aid  the  Senate  in  coming  to  a  wise  decisir.n  concerning 
it  j  I  shall,  therefore,  content    my.self  with  responding  to  a  single 
su^fcstion  which  has  just  fallen  Irorn  the  Senator  from  Vermont. 
That   gentleman  seems  to  be  particularly  horrified  at   certain  ani- 
madversions in  which  honorable    Senators   have  indidaed  touching 
the  conduct  of  those  who    preside   in    the    Supreme   Court  of  the 
Union.     He  appears   to  be  of  opinion,  that   we  ought  nut,    under 
any  circumstances,  to  finrl   fault  with  the  action  of  a   co-ordinate 
dep.artment  of  the  government,  and    especially    with  the  judicial 
department.     The  Senator  may,  or  may  not  be  right  in  the  gener- 
al doctrine  which  he  asserts  ;  and  yet,  it  is   most  evident   to  me. 
that  if  any  one  of  the  three   departments  of  government  decreed 
by  the  constiiution  to  be  separate  and    independent  of  each  other, 
should  be  allowed   to  interfere  with  the    action  of  another   in  any 
case,  the  exception  to  the    general    rule   should    be    admitted    in 
favor,  either  of  the  Legislative  or  Executive   in  preference  to  the 
judiciary.     Nor  do  I  imagine  that  there  will  be  much  difference  of 
opinion  as  to  the  correctness  of  this  propos.tion  among  Senators, 
wdio  attach  suflicicni  importance    to  the    fact,    that  the  judges  of 
the  supreme  court  are  appointed,  (not  elected,  either  by  the  people 
or  otherwise,)  for   life,  and   are    only  responsible   to    the  country 
through  the  medium  of  impeachment — a  proceeding  long  since  as- 
certained to  bo  wholly  ineilieient    for  the  purpose  of   punisuin'i  an 
unworthy  judicial  functionary.     The    occasion    is    not  such  as   to 
allow  of  niy  objecting  in  form  to  the  mode  in  which  the   members 
of  the  Supreme  Court  of   the    Union  are    appointed  to  their  high 
stations,  rr  to  their  peculiar   tenure  of   olfice,  which    induced  Mr. 
Jefferson  to  declare  this  tribunal   to  be  a   solecism    in  our  system. 
I  shall  not  now  undertake  to    review   the  history  of  the  court  for 
the  purpose  of   showing  how  deadly  the  tendency  of   its  decisions 
has  generally  been  to  wdiat  we  call  republican  principles.     I  shall 
confine  my  observations  to  a  single  act  of  one  of  tiie  judires  of  the 
supreme  court,  of  very  recent    perpetration,  which   I    had    hoped 
would  have  been   long   since  suitably    noticed,  and   denounced  by 
some  other  member  of   this  body  of  more  weight  and  influence  in 
the    country  than   myself;  but  which   having  heretofore    escaped 
revision  here,  I  shall  take  leave  now  to  remark  upon.     .Sir,  one  of 
the  judges  of  the  supreme  court  has    lately  taken  it    upon  himself, 
whilst  the  country  was  engaged  in  war  with  a  neighboring  naiion, 
to  throw  the  whole  weight   of  his    personal   character  and  otficial 
influence  against  his  own  government,  and  in    favor  of  the  public 
enemy.     He  has  declared  the  war  with  Mexico  unjust,  cruel,  and 
unchristian.     He  has  done  more.     Ho  has  undertaken  to  dictate  to 
Congress  as  to  the  legislation  proper  to  be  adopted  in  relation  to 
this  war;  and  has  recommended  measures  such  as  would  have  dis- 
graced the  nation,  and  which  no  true  friend  to  bis  country  in  cither 
house  of  Congress  could  ever  have  sanctioned.     He  has  urged  ihat 
no  supplies  should  be  granted  for  the  support  of  our  army  in  Mex- 
ico— that  no  authority  should   be   given   to  Congress  for  the  issu- 
ance of  Treasury  notes,  so  that  the   government    might   be  com- 
pelled, if  the  war  should  be  continued,  to  resort  to  the  most  "-rind- 
ing taxation,  and  thus,  by  thu    inlluence  of   serious  suffering  upon 
our  people,  to  constrain  them  to  demand  of  the  President  tiio  rt- 
eall  of  our  brave  troops   from  Mexico,  and   the  termination  of  the 
war  without  such  indemnity  for  the  pasi  and  security  for  the  future 
as  can  alone  secure  tfe   national   honor.     Sir,   I   have  no    words 
strong  enough  to  express  the  contempt  which   I  feel  for  such  sen- 
timents as  this  judicial    functionary  has   dared  to  avow.     I  know- 
not   which  most  to   condemn,  the   unpatriotic  views  which  he  has 
promulgcd,  or  his  unblushing  audacity  in   attempting  to  dictate  to 
Congress  as  to  the  course  proper  to  be  pursued  at  this  delicate  and 
ditiicult  juncture  of  our    aflairs.     It  is   certain   that  he  has  been 
guilty  of  a  high  offence  against  public   decency — that,  he  has  ex- 
pressed sentiments  which,  if  acted  out,  would  consign  him  to  the 
scaltold  as  a  traitor  to  his  country — that  be  has  soiled,  and  deeply 

soiled,  the  pure  ermine  of  justice,  with  which  ho  stands  invested 

that  he  has  shown  himself  anything  but  a  true  American  in  heart, 
and  a  wretched  devotee  to  faction  in  its  worst  and  most  accursed 
form.  1  will  not  say  that  his  conduct  has  been  precisely  as 
had  as  that  of  the  notorious  Arnold;  but  I  do  say  that  oar  public 
councils  have  been  profaned  by  insidious  harangues  that  Lucius 
Catalinc  himself  would  have  been  ashamed  to  pronounce;  and 
even  the  high  tribunal  where  a  Marshall  was  once  seen  to  preside 
with  a  majestic  dignity  which  acknowledged  no  affinity  with  the 
low  feelings  of  pariizan  warfaie.  has  been  so  discredited  by  a 
Presidency-seeking  otficial,  that  neither  gentleman  nor  patriot  can 
consent  hereafter  to  he  elevated  lo  the  noblest  and  most  sacred 
eSoe  in  the  republic,  without  feeling  that  he  is  disgraced  even  by 
the  attempt  to  advance  him. 

Mr.  DOWNS. — I  confess  I  agree  with  the  Senator  from  North 
Carolina,  that  much  of  the  evil  that  we  com|dain  of  might  bo 
remedied  by  the  court  itself,  still  I  think  it  is  necessary  tUat  the 
bill  should  pass.  It  is  not  an  act  for  the  relief  of  the  court,  but 
for  the  relief  of  those  who  are  engaged  in  litigation  before  that 
court — for  the  relief  of  the  peopde  of  the  United  States.  It  is  said 
that  if  this  measure  be  not  adopted,  another  measure  will  be 
brought  forward  that  wdl   remedy   the  evil.     I  shall  be    happy    to 


464 


THE  JUDICIARY  BILL. 


[Friday^ 


see  a  remedy  applied,  and  I  see  an  opportunity  now  for  the  adop- 
tion  of  a  remedy.  There  is  in  ,my  State  a  large  amount  of  prop- 
erty in  litigation.  A  case  was  carried  to  the  Supreme  Court  before 
the  act  of  1844  was  passed,  involving  some  hundred  thousand 
acres  of  land,  and  it  still  remains  undecided,  how  many  years  more 
it  will  take  I  do  not  know.  The  delay  has  liRcoine  pnsitively  in- 
tolerable. But  if  the  court  could  be  "allowed  to  sit  ihrotigii  th<^ 
year,  the  docket  might  be  cleared  olT,  and  we  should  thcTi  have 
time  to  adopt  such  measures  as  may  be  necessary  to  prevent  a  re- 
currence of  I  he  evil. 

Mr.  CALHOUN. — I  rise  simply  to  state  in  a  very  few  words,  the 
reasons  that  will  govern  me,  in  giving  my  vote  on  this  occasion. 
It  must  be  admitted  on  all  sides,  that  this  is  intended  to  be  only  a 
temporary  measure,  and  that  the  present  system  ought  to  be  con- 
tinued. I  believe  this  is  the  general  impression  ;  snch  is  mine, 
very  stronijly.  This  bill  is  presented  on  the  ground,  that  the  cases 
upon  the  docket  have  so  aecnmulated,  lliatit  requires  an  extraor- 
dinary law — lo  n^Iieve  the  judges  from  their  circuit  duties  for  one 
year — in  order  to  clear  them  nir.  Well,  what  possilde  assurance 
"have  we,  that  at  the  end  of  the  year  the  same  reason  will  not 
exist  for  enacting  such  a  law  for  the  ne.\t  year?  It  appears  to 
me,  that  we  are  uiverting  the  order  of  thinis.  The  first  oljjBct 
should  he  to  adopt  some  measure  that  would  prevent  the  accumu- 
lation of  cases  in  future,  and  then  some  measure  for  disposing  of 
those  which  now  e.-cist.  But  proceeding  as  we  are,  it  appears  to 
me.  It  will  lie  lanlamounl — without  intending  it  to  be  so — to  a 
permanent  change  ui  the  circuit  system.  Now,  I  believe  there  are 
very  few  Senators  prepared  for  this  ;  I  believe  the  judges  them- 
selves are  not.  We  have  ample  time  during  the  remaining  part  of 
the  session — it  will  probably  last  three  months  yet,  I  should  be 
very  alad  to  lliink  it  would  terminate  in  three — surely  this  will 
furnish  ample  opportunity  to  the  Judiciary  committee,  or  if  that 
committee  be  overloaded  with  business,  to  a  select  committee  to 
take  the  subject  into  consideration,  and  propose  some  measure  that 
will   prove  an  effectual  remedy  for  the  evil  that  is  complained  of. 

Mr.  DAYTON. — The  Judiciary  committees  in  both  houses  have 
had  the  subject  under  consideration.  A  bill  has  been  reported  and 
is  now  before  the  House  of  Representatives,  but  any  bill  that  is 
passed  should  be  a  bill  calculated  to  sweep  away  the  accumula- 
tion of  the  cases  with  which  the  dneket  of  the  Supreme  Court  is 
now  lengtliened.  They  must  be  disposed  of  irrespective  of  any 
bill  for  the  regulation  of  the  judiciary  hereafter. 


Mr.  CALHOUN.— I  was  not  aware  that  there  was  a  bill  be 
fore  the  House  relating  to  this  subject,  but  that  being  the  case,  it  is 
a  reason  why  this  bill  should  lie  upon  the  table  until  that  bill 
passes.  Let  us  apply  first  the  general  remedy,  and  then  adopt 
any  additional  measure  that  may  be  necessary.  Being  strongly 
desirous  that  the  system  should  not  be  changed,  and  fearing  that 
this  bill  if  adopted  will  change  it,  I  feel  myself  compelled  to  vote 
against  it. 

No  amendment  being  made  the  bill  was  reported  to  the  Senate. 

On  the  question — ''shall  this  bill  pass  to  a  third  reading  ?" — Mr. 
B.^GBY  demanded  the  yeas  and  nays,  which  were  ordered  and  ta- 
ken with  the  following  result  : 

^'1>,\H — Messrs.  Hell,  nreesp,  Itiiller.  CriUell'lpn.  Davton,  Downs.  Grpene,  H.aiine- 
pan,  Jolin^on.  of  Maryland,  Mangum,  Mason,  Miller,  Pearce,  Ptii-lps,  Rusk.  Under- 
woJtl.  t^pham — 17. 

NAYS — Messrs.  Allen,  .\shley.  Badger.  Baiitjv.  Benton,  Calhoun.  Davis,  of  Mis- 
sisstppi,  Dickinson.  Dix,  Doni,'las,  Felcli,  Fooln,  Hale,  Houston,  Lewis,  Niles,  Spru 
ance,  Turiiey.  Weslcott. — 19. 

So  the  bill  was  rejected. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

THE   BRIG  PALMKTTO. 

Mr.  DIX,  from  the  Committee  on  Commerce,  to  whom  was  re- 
ferred the  petition  of  Moses  D.  Hynms,  reported  a  bill  to  author- 
ize the  issuing  of  a  Register  to  the  brig  Palmetto  :  which  was 
read  and  passed  to  the  second  reading. 

The  said  bill  was  read  the  second  time,  bv  unanimous  consent, 
ani  considerei.1  as  in  Committee  of  the  Whtile  ;  and  no  amendment 
being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

liesolred.  That  this  hill  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  rcipicst  the  coiieurrenoo  of  the 
House  of  Representatives  in  this  bill. 

EXECHTIVE    SESSION'. 

On  motion,  the  Senate  proceeded  to  the  consideration  of  Ex- 
eculivo  business,  and  alter  sometime  sjiont  therein,  the  doors  were 
opened,  and 

Tho  Senate  adjourned. 


■^ 


April  lO.J 


PETITIONS— RESOLUTIONS,  ETC. 


465 


MONDAY,  APRIL  10,  1848. 


REPORTS    FROM    THE    WAR    nEPARTMENT. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of 
the  Secretary  of  War,  in  reply  to  a  resohjtion  of  the  Senate  of  thu 
29th  of  Mareli  last,  rcspeeting  tlie  quantity  of  public  land  reserved 
from  sale  and  settlement  at  and  near  Fort  SnoUing  on  the  Upper 
Missisbijipi  river. 

Ordered,  That  it  lie  upon  the  table  and  be  printed. 

Also,  a  report  of  the  Secretary  of  War,  made  in  compliance 
with  a  resolution  of  the  Senate  of  the  3Clth  December  last,  in  re- 
lation to  the  volunteer  force  called  into  the  service  of  the  United 
States  ;  the  number  of  troops  in  Mexico,  belonging  to  the  regular 
army  ;  and  the  oilicers  and  men  who  have  been  killed  and  wounded. 

Ordered,  That  it  be  printed. 

RESOLUTION    OF    THE    LEGISLATURE    OK    TEXAS. 

Mr.  RUSK  presented  a  resolution  passed  by  the  Legislature  of 
the  State  of  Tex.as  in  favor  of  the  enactment  of  a  law  for  the  re- 
imbursement of  the  expenses  incurred  by  the  troops  of  that  state, 
called  into  the  service  of  the  United  States,  in  travelling  to  their 
place  of  rendovous. 

Ordered,  That  it  lie  upon  the  table,  and  be  printed. 

PETITIONS. 

Mr.  BAGBY  submitted  documents  relating  to  the  claim  of  H. 
F.  Toulmin,  to  compensation  for  injuries  done  to  his  properly  by 
volunteer  troops  in  the  service  of  the  United  States  ;  which  were 
referred  to  the  Committee  on  Military  Affairs. 

Mr.  HUNTER  presented  the  petition  of  Cyrus  H.  McCorraick, 
praying  an  extension  of  his  patent  for  a  reaping  machine  ;  which 
was  referred  to  the   Committee  on  Patents  and  the  Patent  Office. 

Mr,  DICKINSON  presented  a  petition  of  Manuel  X.  Harmony, 
praying  indemnity  for  losses  sustained  by  him  iu  consequence  of 
the  seizure  and  detention  of  hi.s  goods,  cattle  and  servants,  while 
on  a  trading  expedition  to  Sante  Fe,  by  United  States'  troops  ; 
which  was  referred  to  the  Committee  of  Claims. 

Also,  additional  documents  relating  to  the  claim  of  S.  J.  Bowcn  ; 
which  were  referred  to  the  Committee  on  Finance. 

Also,  documents  relating  to  the  claim  of  the  Seneca  Indians  to 
the  payment  of  certain  annuities  improperly  withheld  from  them 
by  a  sub-agent  of  the  United  Stales  ;  which  were  referred  to  the 
Committee  on  Indian  Affairs. 

Mr.  LEWIS  presented  the  petition  of  Joseph  Knox  Boyd,  pray- 
ing compensation  for  services  rendered  by  him  iu  the  burning  of 
the  frigate  Philadelphia  in  the  harbor  of  Tripoli  in  the  year  1804  ; 
which  was  referred  to  the  Committee  on  Naval  Affairs. 

Mr.  DAVIS,  of  Massachusetts,  presented  a  memorial  of  citi- 
zens of  the  United  Slates,  praying  the  purchase  of  Mount  Vernon 
by  the  government  ;  which  was  referred  to  the  Committee  on  Mil- 
itary Affairs. 

Mr.  HALE  presented  a  petition  of  inhabitants  of  Racine  county, 
Wisconsin,  praying  the  enactment  of  a  law  prohibiting  the  acqui- 
sition of  new  territory,  unless  on  condition,  that  slavery  be  exclu- 
ded therefrom  ;  which  was  referred  to  the  Committee  on  Foreign 
Relations. 

Also,  a  memorial  of  inhabitants  of  Pennsylvania,  praying  the 
prohibition  of  involuntary  servitude  in  the  District  of  Columbia, 
and  the  territories  now  belonging  to,  or  which  may  hereafter  be 
acquired  by,  the  United  States  ;  the  mniion  to  receive  which,  was 
laid  upon  the  table. 

Also,  a  petition  of  citizens  of  Bradford,  Maine,  praying  Con- 
gress to  appoint  a  committee  to  int[uiro  under  what  authority  the 
slave  trade  is  carried  on  in  the  District  of  Columbia,  and  to  what 
extent  it  is  so  carried  on. 

Mr,  HALE  moved  that  this  petition  be  received,  and  referred 
lo  the  Coramittoe  on  the  Judiciary, 

Mr.  MASON  objected  to  the  reception  of  the  petition,  on  the 
ground  that  it  came  within  the  class  of  petitions,  which  were  not 
received  by  the  usual  practice  of  the  Senate. 

Mr.  HALE  did  not  consider  the  petition  as  one  of  that  charac- 
ter. 

The  motion  lo  receive  the  petition  was  laid  upon  the  table. 

Mr.  HALE  presented  a  petition  of  citizens  of  Chicago,  Illinois, 
praying  that  a  declaration  be  made  by  Congress  of  the'tletermina- 
tion  of  the  government  of  the  United  States,  that  neither  monarchy 
nor  slavery  shall  be  established  on  territory  which  they  may  here- 

30th  Cong. — 1st  Session. — No.  59. 


after  accpiire  ;  which  was   referred  to  the  Committee  on  Foreign 
Relations. 

Also,  a  petition  ofcitizonsof  Chicago,  Illinois,  praying  the  abo- 
lition of  slavery  in  the  District  of  Columbia  j  the  motion  to  rcceiv* 
which,  was  laid  upon  the  table. 

Also,  a  petition  of  citizens  of  Racine  county,  Wisconsin,  praying 
the  prohibition  of  slavery  in  the  District  of  Columbia,  and  territo- 
ries of  the  United  Stales  ;  the  motion  to  receive  which,  was  laid 
upon  the  table. 

Mr.  DOWNS  submitted  a  document  relating  to  the  claim  of 
John  Rist,  to  the  confirmation  of  his  title  to  a  tract  of  land; 
which  was  referred  to  the  Committee  on  Private  Land  Claims. 

Mr.  CASS  presented  a  memorial  of  citizens  of  the  United  StatCj, 
praying  the  purchase  ol  Mount  Vernon  by  the  government  ;  whiet 
was  referred  to  the  Committee  on  Military  Ail'airs. 

Mr.  DAVIS,  of  Mississippi,  presented  a  memorial  of  citizens  of 
the  United  States,  praying  the  purchase  of  Mount  Vernon  by  the 
government  ;  which  was  referred  to  the  Committee  on  Military 
Affairs. 

Mr.  CRITTENDEN  presented  a  report  on  Meteorology  made 
by  James  R.  Espy,  to  the  Surgeon  General  of  the  United  States 
army,  and  moved  that  it  be  printed  ;  which  motion  was  referred 
to  the  Committee  on  Printing. 

THE   PUBLIC   PRINTING. 

Mr.  BADGER  submitted  the  following  resolution  for  consid- 
eration : 

Roiotved,  That  the  Committee  on  Printing  he  instructed   to  inquire  into  llie  exue- 


dieucy  of  repeahnp  the  joint  resohition  Approved  third  day  ol^  August,  18-1'*,  entitled 
a  "Joint  Resolution  directing  the  manner  of  procuring  the  printing  for  the  ^twc 
Houses  of  Congieis," 


I 

AVO 


Mr.  DICKINSON  gave  notice  that  he  will  ask  the  Senate  to- 
morrow, to  take  up  the  bill  for  the  establishmentof  abranch  of  the 
mint  of  the  United  States  in  the  city  of  New  York,  for  the  purpose 
of  making  it  the  special  order  for  some  future  day. 

Mr.  HALE  gave  notice  that  on  to-morrow,  or  some  early  day 
thereafter,  he  will  ask  leave  to  introduce  a  bill  in  amendment  of 
the  various  acts  relating  to  Naval  Pensions. 

BOUNDARY  BETWEEN  ALABAM.A  AND  FLORIDA. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  in  relation  to  the  boundary  lino  between  Ala- 
bama and  Florida,  reported  it  without  amendment. 

PRITATK    BILLS. 

Mr.  BREESE,  from  the  same  Committee,  to  whom  was  refer- 
red the  petition  of  Jesse  Toler,  reported  a  bill  lor  his  relief;  which 
was  read  and  passed  to  the  second  reading. 

Mr.  BREESE,  from  the  same  Committee,  to  whom  was  refer- 
red the  petition  of  David  Penrod,  reported  a  bill  for  his  relief; 
which  was  read  and  passed  to  a  second  readinn^. 

Mr.  DOWNS,  from  the  Committee  on  Private  Land  Claims,  to 
whom  was  referred  the  bill  from  the  House  of  Representatives  for 
the  relief  of  Anthony  Bessee,  reported  it  with  amendments,  and 
submitted  a  report  on  the  subject,  which  was  ordered  to  be  printed . 

Mr.  DOWNS,  from  the  same  Committee,  to  whom  were  re- 
ferred the  bills  from  the  House  of  Representatives  to  conftrra 
Elizabeth  Burress,  her  heirs  or  assigns,  in  their  title  to  a  tract  of 
land;  for  the  relief  of  James  B.  Davenport;  for  the  relief  of  Fr^- 
eric  Durrive;  for  the  relief  of  Elisha  Thomason;  for  the  relief  of 
James  P.  Sexton;  for  the  relief  of  the  heirs  anti  widow  of  Fran- 
cois Gramillion;  for  the  relief  of  William  Triplett;  for  the  relief 
of  Simon  Rodrigues;  for  tho  relief  of  Marcus  Fulton  Johnson;  and 
the  bill  supplemental  to  the  act  approved  the  fith  day  of  July,  1842, 
entitled  "  An  act  contirming  certain  land  claims  in  Louisisiana,'' 
reported  thera  without  amendment. 

L.\ND    DISTRICTS    IN    LOUISIANA. 

Agreeably  to  notice,  Mr.  DOWNS  asked  and  obtained  leave  to 
bring  in  a  bdl  attaching  a  portion  of  the  Northwestern  Land  Dis- 
trict, Louisiana,  to  the  District  of  North  Red  River,  Louisiana; 
which  was  read  tho  first  and  second  times,  by  unanimous  consent, 
and  referred  to  the  Committee  on  Public  Lands. 

SALE    OF   RESEBTED   LANDS. 

Agreeably  to  notice,  Mr.  BREESE  asked  and  obtained  leave 
to  bring  in  a  bill  to  authorize  the  sale  of  reserved  lands,  and  for 
other  purposes;  which  was  read  the  tirst   and   second   times,  by 


466 


CALIFORNIA  CLAIMS. 


[Monday, 


unanimous  toiisonl,  and  referred   to  the   Conunlttee  on   Public 
Lands. 

THE    PATENT    OFFICE    BILL. 

The  Senate  proceeded  to  consider  the  amendments  of  the  House 
of  Representatives  to  the  bill  of  the  Senate  to  provide  additional 
examiners  in  the  Patent  Ofiice,  and  for  other  purposes  ;  and 
it  was 

Rcsolivil,  Thai  lliey  ilisa^rre  lliiii  lo. 
Ordered,  That  the  Secretary  notify  the   House  of  Representa- 
tives accordingly. 

THE    SUPREME    COURT    BILL. 

Mr.  FOOTE  moved  to  reconsider  the  vote  of  Friday  last,  by 
which  the  Senate  refused  to  order  to  a  third  reading  the  bill  from 
the  House  of  Representatives,  supplemental  to  the  act  enti- 
tled ■'  An  act  concerning  the  Supreme  Court  of  the  United 
States,"  approved  June  17,  1844;  and 

On  motion  by  Mr.  BIANGUM,  it  was 

Ordered,  That  said  motion  lie  on  the  table. 

MESSAGES    FROM    THE    PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States, ly  Mr.  Walker,  his  Secretary. 

Mr.  rrcii.lcnt;  The  PrcsiilenI  of  the  llnif.l  Stairs  ji|,p[ovcd  anil  signej,  Iho  8th 
iiistaril,  "An  acl  sranling  a  |ien,iou  to  PaUuk  Walker." 

The  following  message  was  received  from  the   President  ol  the 
•  United  States, 'by  Mr.  'Walker,  his  Secretary: 

To  the  Sriinle  of  '*«  Vnilod  Stales: 

I  co.iim.inii:l>l<-  hKcwilh  a  report  ofllw  Secretary  nf  State,  loselher  vvilh  a  .-.oi.v  of 
.he  corresponiienoe  l.etwce,,  the  Secela.y  ol  St.,te  aiul  "the  lira..,han  L-  'a'ge  .  Al- 
faiies  at  VVashniKton,"  called  lor  by  Ihe  resoluuou  of  the  beiiate  of  the  iHth  ol 
Mareh.  IH48.  ■'•^•'^''^  ''^-  '  '"'''• 

Wa-shinglon,  Aiiril  10,  1H4H. 

The  message  having  been  read,  it  was 
Ordered,  That  it  be  printed. 

message  from  THE  HOUSE, 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk: 

Mr  I're^l.leiil  Tlie  Hou»e  of  Reprcfeiitalives  have  passed  the  lull  of  the  Seiiale  lor 
the  relief  of  Ihe  legal  representatives  of  George  Fisher,  ilpecased,  with  an  iuiiendmelit, 
in  whieh  they  request  the  concnrreiiee  of  the  Senate, 

Thevhave  na.sied  Ihe  bill  of  the  Senate  for  Uio  relief  of  Peter  Engies,  senior. 

They  haveidso  passed  a  bill  to  provide  lor  the  ventilation  of  passenger  vessels,  and 
for  olher  pnrposes,  and  several  private  bills,  and  a  joint  resolution  for  the  reliel  ol  II. 
M.  Bainey,  in  which  they  request  the  concurrence  of  the  Senate. 

HOUSE   BILLS   REFERRED. 

The  bills  from  the  House  of  Representatives  to  provide  for  the 
ventilation  o(  passenger  vessels  and  for  other  purposes;  anil  for 
the  relief  of  William  Harding,  were  read  the  lirst  and  second 
times,  by  unanimous  consent,  and  referred  to  the  Committee  on 
Commerce. 

The  bills  from  the  House  of  Rcpresenlatives  for  the  relief  of 
John  W.  Hockctt;  for  the  relief  of  Charles  Reeder,  Walter  R. 
Johnson,  and  the  legal  representatives  of  Thomas  P.  Jones;  and 
for  the  relief  of  Christopher  H.  Pix,  of  Texas,  were  read  the  lirst 
and  second  times,  by  unanimous  consent,  and  referred  to  the  Com- 
mittee of  Claims. 

The  bills  from  the  House  of  Reprcsenlalivcs  fur  the  relief  of 
James  Glynn  and  others;  and  for  the  relief  of  John  Percival,  cap- 
tain in  the  Navy  of  the  United  Slates,  were  read  the  lirst  and  se- 
cond >mes,  by  unanimous  consent,  and  referred  to  the  Committee 
on  Na.'.t    AtVairs. 

The  tiiil  from  the  House  of  Representatives  for  the  relief  of 
Elizabeth  Converse,  widow  of  Josiah  Converse,  and  the  joint  res- 
olution from  the  House  of  Representatives  for  the  relief  cf  H.  M. 
Barney,  woie  read  the  lir.st  and  second  times,  by  unanimous  con- 
sent, and  referred  to  the  Committee  on  the  Post  Office  and  Post 
'  Roads. 

The  bills  from  the  House  of  Representatives  for  the  relief  of 
H.  Carrington.  executor  of  Patdina  Le  Grand,  deceased;  for  the 
reiief  of  Richard  Reynolds;  granting  a  pension  to  John  Morrison; 
for  the  relief  of  Francis  Hutinack;  for  the  relief  of  Eliza  S.  Ro. 
herts;  for  the  relief  of  Setli  Morton;  and  for  the  relief  of  Joseph 
Johnson,  wore  read  the  first  and  second  times,  by  unanimous  con- 
sent, and  referred  to  the  Committee  on  Pensions. 

The  bill  from  the  House  of  Representatives  for  the  relief  of 
John  S.  Conger,  was  read  the  first  and  second  times,  by  unani- 
mous consent,  and  referred  to  the  Committee  on  Public  Lands. 

The  bills  from  the  House  of  Representatives  for  the  relief  of 
Sarah  D.  Caldwell,  wife  of  James  H.  Brighain;  and  for  lite  relief 
of  Edna  Hickman,  wile  of  Alexander  D.  Peck,  were  read  the  fir.st 
and  second  times,  by  unanimous  consent,  and  referred  to  the  Com" 
mitteo  on  Private  Land  Claims. 

The  bill  from  the  House  of  Ro])resentatives  for  the  relief  of 
William  M.  Blackford,  was  read  the  first  anil  second  times,  by 
unanimous  consent,  and  referred  to  the  Coinmittce  on  Foreign 
Relations. 


THE   CALIFORNIA   CLAIMS. 

The  Senate  resumed  the  consideration,  as  in  Committee  of  the 
Whole,  of  the  bill  for  ascertaining  and  paying  the  California  claims. 

Mr.  BENTON. — Mr.  President  :  These  claims  grow  out  of  the 
conquest  of  California,  and  are  supported  by  a  mass  of  depositions 
taken  by  the  Military  Committee  of  the  Senate,  and  printed  by  its 
order.  These  depositions  constitute  a  document  of  eighty  p;iges, 
and  are  full  of  material,  valuable  to  the  public  history  of  the  coun- 
try, as  well  as  to  the  private  rights  of  the  claimants.  The  Senate, 
on  the  application  of  the  committee,  have  ordered  twenty  thou- 
sand extra  copies  of  this  document  to  be  printed — a  fact  which  suf- 
ficiently announces  its  public  and  national  importance  ;  lor  no  ex- 
tras, much  less  twenty  thousand,  are  ever  printed  of  merely  private 
papers.  It  requires  a  public  interest  to  be  concerned  before  such 
a  thing  can  be  done  ;  and  that  is  eminently  the  case  in  the  pre- 
sent instance.  These  depositions  concern  public  history  ;  and  no 
one  can  understand  the  history  of  the  United  States,  as  connected 
with  the  conquest  of  California,  without  understanding  them. 

The  conquest  of  California  was  commenced,  and  its  first  act  fin- 
ished, before  the  existence  orthe  Mexican  war  was  known  in  that 
country  ;  and  this  fact  standing  out  ineontestably  among  the  events 
of  the  times,  and  presenting  a  presumptive  case  of  aggression 
against  the  United  Slates,  very  naturally  attracted  the  attention 
of  the  committee,  and  commanded  their  most  searching  and  tho- 
rough examination.  The  result  is  before  the  Senate,  in  the  depo- 
sitions referred  to,  and  may  he  examined  in  detail  by  every  Sena- 
tor. For  myself,  I  propose  only  to  make  a  brief,  connected  story 
from  their  ample  contenu,  to  rebut  in  the  first  place  an  injurious 
presumption,  and  to  exhibit  afterwards  in  lucid  order  the  summary 
of  events  which  gave  rise  to  these  California  claims,  and  show  that 
they  ought  to  be  paid. 

In  the  month  of  May,  1845,  Mr.  Fremont,  then  a  brevet  cap- 
tain of  engineers,  sot  out  on  his  third  expedition  of  geogra- 
phical and  scientific  cxploralion  in  the  Great  West.  War 
had  not  then  broken  out  between  the  United  Stales  and  Mex- 
ico ;  but  afiairs  were  critical  between  them,  and  Mr.  Fremont 
was  determined,  by  no  act  of  his,  to  increase  the  difficulties. 
or  to  give  any  cause  of  complaint  to  the  Mexican  government. 
His  line  of  observation  would  lead  him  to  the  Pacific  ocean  through 
a  Mexican  province — through  the  desert  parts  first,  and  the  set- 
tled parts  afterwards,  of  the  Alta  California.  Approaching  the 
settled  parts  of  the  province  at  the  commencement  of  winter,  he 
left  his  eiiuipmcnt  of  sixty  men  and  two  hundred  horses  on  the 
frontier,  and  proceeded  alone  to  Monterey  to  make  known  to  the 
governor  the  object  of  his  coming,  and  his  desire  to  pass  the  win- 
ter, for  the  refreshment  of  his  men  and  horses,  in  the  uninhabited 
parts  of  the  valley  of  the  San  Joaquin.  The  permission  was  grant- 
ed, but  soon  revoked  undertlie  pretext  that  Mr.  Fremont  had  conic 
into  California,  not  to  pursue  science,  but  to  excite  the  American 
settlers  to  revolt  against  the  Mexican  government.  Upon  this 
pretext  troops  were  raised,  and  marched  to  attack  him.  Having 
notice  of  their  approach,  he  took  a  position  on  the  mountain,  hoist- 
ed the  flag  of  the  United  States,  and  determined,  vihh  his  sixty 
brave  men,  to  defend  themselves  to  the  last  extremity.  Waiting 
there  four  days,  and  not  being  attacked,  he  quit  his  position,  de- 
scended from  the  mountains,  and  set  out  for  Oregon,  that  he  might 
give  no  further  pretext  for  complaint  by  remaining  in  California. 

The  United  States  consul  at  Monterey,  Mr.  O.  Larkin,  gave  of- 
ficial information  of  these  events  to  the  Secretary  of  State,  (Mr. 
Buchanan,)  and  from  these  I  will  read  what  is  necessary  to  verily 
the  statement  which  I  have  made  : 

'•  t'apt.  J.  C.  Fremont,  of  the  United  States  army,  arrived  al  this  Ignited  Slateccon- 
sulai  house  in  Monterey,  ou  the 'i7lh  ol  Jannry.  li^li.  Being  very  anxious  tojom  his 
party  of  lil'ly  men  al  the  second  place  of  rendczvon!.  without  the  sellJenienl,  they 
having  missed  the  liisl  place  liy  mistake,  he  remained  but  two  (lavs,  in  which  time. 
Willi  myself,  he  visited  llic  coininandanl  general,  prrfeclo,  alcalde,  and  Col.  Atvaiailo. 
informing  them  that  he  was  surveying  ihe  nearest  route  from  the  I  'niterl  Statr^s  10  the 
pacific  ocean.  This  inlbimalion,  and  that  his  men  were  not  United  Stales  soldiers, 
was  also,  by  myself,  officially  given  to  the  prefeclo.  Having  ohtaineii  funds  and  sup 
plies  from  myself,  he  letnrned  to  his  camp  ;  It  being  well  known  in  Monterey  that  he 
was  to  return  when  he  collected  his  men.  Some  filleen  or  twenty  days  after  this 
Capt.  Fremont,  with  his  party,  encamped  al  a  vacant  rancho  belonging  to  Caplaiu 
Fisher,  (about  ninety  miles  from  here,)  to  recruit  his  men  ami  animals.  From  Ihenco 
he  proceeded  towards  Santa  Cruz,  making  shoil  Journeys,  On  the  3d  of  March  he 
encamiied  on  the  rancho  of  Mr,  K,  P,  Harlweil,  where  he  receive<l  letters  from  the 
general  and  preleelo,  ordering  him  out  of  the  conntry,  and  to  obey  the  order  without 
any  prete.\l  whatever,  or  immediate  measures  wouhl  he  taken  to  comi»el  him  to  do  so. 
This  not  corresponding  vvilh  assiiianccs  received  at  .Monterey,  il  was  not  answered, 
nnd  he  tnuc  orders  to  hoist  the  I'liiled  States  ftnir  the  tieit  mnminff,  as  the  on/t/ pro- 
tection his  men  leere  to  look  to.  From  the  7th  to  the  lOlh  of  March  they  fortilied  their 
camp  with  a  breastwork  of  logs.  Kncampcd  on  a  high  hill,  which  eominanded  a 
view  of  thesurronnding  coiintry.  tliey  could  tee.  with  the  use  of  spy-glasses,  the  gene 
ral  and  liistroojis,  nnmbering  about  two  huiiilr^i  men,  at  their  camp,  in  the  mission  ol" 
SL-Iohn's  preparing  their  cannon.  Oil  the  !llh  instant  I  sent  duplicate  letters  :  one  by 
an  American,  who  lost  his  papeci.  and  the  niher  by  a  Uahforninn.  to  ('apt.  Fremont,  , 
informing  him  of  the  movements  of  the  Ualifornmni,  The  California  couner  returned 
to  the  consulate  in  about  nine  or  ten  hours,  bringing  a  letter  from  Capt,  Fremont,  Itav  - 
iug  travelletl  in  that  time  sixty  miles.  He  reported  being  well  treated  by  Capt.  Fre- 
mont and  his  men  ;  and  that  two  thousand  of  his  eounlrtimen  leoiild  not  he  suffieieKt 
to  eompel  him  to  leave  the  country,  although  his  party  was  so  smalt/* — Letter,  '.i7th 
March,  1841). 

"Capt.  Fremont  was  well  received  in  this  phice,  ami  to  the  last  day  we  heard  of 
him,  by  the  natives  individually,  who  sold  him  provisions  nnd  likerl  his  presence.  Dur- 
ing his  encnmpinent,  thirty  or  forty  nnles  from  here,  despatches  were  receiveil  by  tho 
commandant,  (icneral  Jose  Castro,  a  native  of  Monterev,  from  Mexico,  ordering  him 
to  drive  Capt,  FreinonI  out  of  this  department  ;  which  order,  with  one  hnnd^^d  and 
seventy  or  two  hnndreil  men  present,  and  over  one  hundred  more  daily  expected,  he 
pretended  to  execute,  Capt.  Fremont  left  his  camp  a  few  hours  alter  he  received  the 
uu<iesign«rs  Icltei  of  the  '.lib  of  ."March,  (not  from  fright  of  (ieneral  Ca-stro.)  as  ho 
luld  been  prepating  the  week  before  to  navel.  Il  is  sup|)06e<l  he  has  gone  lo  St.  Bar- 
bara, where  an  American  was  sent  by  Uie  undesigned  in  February  wiUi  funds  and 
provisions  for  hi.  use. 

"The  undcsi'Mied  has  not  sujiposed,  during  the  whole  nllair,  that  Ceneral  Castro 
wished  10  go  lUlcr  Capl.  Firipont,  uud  was  very  conliileul  Uiat,  with  ail  Callforuia,  ho 


April   10.] 


CALIFORNIA  CLAIMS. 


467 


'  wonid  not  liave  attickeil  him,  even  had  he  heen  soreof  deslroyinp  llic  whole  party,  as 
five  times  Ilieir  numijer  could  have  taken  tlieir  place  hetbre  the  expected  h.ittle.  Capt, 
Fremont  received  verbal  apphcalions  from  En^jhsli  and  Americans  lo  join  his  party, 
and  eould  have  mastered  .ts  many  me.i  as  the  natives.  Fie  was  earclnl  not  to  do  !*o. 
Altlion^ii  he  discharged  five  or  six  of  his  men,  he  look  no  nlhers  in  their  place." — 
Lrltir.  ,1i>ril  :i,  1840. 

This  is  tlie  official  history  of  theJirst  ilidiculty  with  the  Califoi- 
nian  .authorities,  and  presents  the  conduct  of  Mr.  Fremont  in  the 
most  unexceptionable  point  of  view  :  hailing  his  command  upon 
the  frontier  ;  iroint^  alone  to  Monterey  ;  asking  and  obtainino;  per- 
mission t(»  winter  in  an  tininiiabited  valley  ;  only  raisintr  tlie  flag  of 
the  United  Stales  when  in  dan<rer  of  being  attacked  ;  leaving  the, 
country  as  soon  as  the  danger  was  over  ;  and  refusing  to  receive 
any  of  the  American  settlers  into  his  service,  (even  to  supply  the 
place  of  di.scharge<l  men,)  that  there  might  be  no  room  for  mis- 
construction of  his  conduct  or  for  false  accusations  against  the 
settlers. 

The  hoisting  of  the  United  States  flag  on  this  occasion  is  the 
only  act  which  requires  a  word  of  explanation  or  of  justification. 
It  was  complained  of  as  an  act  of  aggression  :  it  was  no  such 
tiling,  but  an  act  of  self-protection  and  of  self  defence.  It  was  an 
appeal  to  their  country,  and  a  proper  appeal  for  an  American  olTi- 
cer  to  make  when  in  danger  of  being  unjustly  attacked.  Mr.  Fre- 
mont, in  his  reply  to  the  Consul's  coiuniunication,  in  a  brief  note 
written  in  pencil  and  in  view  of  the  enemy,  gave  the  reasons  for 
the  act  which  justified  it,  and  exalted  it  into  an  act  of  devotion 
and  heroism.     It  was  in  these  words  : 

"I  this  moment  received  your  letters,  and  wilhont  wailin;;  to  re.ad  them  acknowl- 
edge the  receipt  whii  li  the  courier  rccpiires  iinnlfdialelv.  1  am  making  myself  as  strong 
as  possible  in  Ihe  iiilenlion  that  if  wc  are  unjnstly  ailackcd  we  will  fight  to  extremity 
and  refnse  ipiarler,  trusting  to  our  connlry  to  aiengp  our  death.  No  one  has  reached 
our  camp,  and  from  llie  hei;.dil5  we  are  ahle  to  see  troops  (with  the  glass)  mnstering  at 
St.  Johns  and  preparing  cannon. '  1  thank  yon  lor  your  kindness  and  good  wishes, 
and  would  write  more  at  length  as  lo  inv  inlentious  did  1  not  fear  tJiat  my  letter  would 
he  iiiterce|)led.  We  have  in  no  wise  done  wiong  to  the  people  i.r  the  authorities  of 
the  country,  and  if  we  are  hemmed  in  and  assaulted  here,  we  will  die,  every  man  of 
us,  under  the  tlag  of  our  country, 

••Very  truly,  yours,  .1.  C.  FREMONT. 

"P.  S.  I  am  encamped  on  the  top  of  the  Sierra,  at  the  head  w  aters  of  a  stream 
which  strikes  the  road  to  Monterey,  op|>osite  the  house  of  Don  Joaqnin  Gomez. 
"Thomas  O.  I.arkin,  Esq,,  J.  c.  F. 

"Consul  for  the  United  Stales,  Monterey." 

Such  was  the  reason  for  raising  the  flag.  It  was  raised  at  the 
approach  of  danger  :  it  was  taken  down  when  danger  disappeared. 
It  was  well  and  nobly  done  and  worthy  of  our  admiration — sixty 
of  our  countrymen,  three  thousand  miles  from  home,  in  sight  of 
the  Pacific  ocean,  ap|iealing  to  the  flag  of  their  country,  unfurl- 
ing it  on  the  mountain  top,  and  determined  to  die  under  it  before 
they  would  submit  to  unjust  aggression. 

Turning  his  back  on  California,  and  looking  to  Oregon  as  the 
field  of  his  further  labors,  Mr.  Fremont  determined  lo  explore  a 
new  route  to  the  Wah-lah-niath  settlements  and  the  tide-water 
region  of  ihe  Columbia,  through  the  wild  and  elevated  region  of 
Ihe  TIamatli  lakes.  A  romantic  interest  attaches  to  this  region 
from  the  grandeur  of  its  leatures,  its  lofty  mountains,  and  .s^now- 
clad-peaks,  and  from  the  formidable  character  of  its  w.arlike  inhab- 
itants. In  the  first  week  of  M.ay  he  was  at  the  north  end  of  the 
great  TIamath  lake,  and  in  Oregon,  the  lake  being  passed  near  its 
.south  end  by  the  parrallel  of  forty. two  degrees.  On  the  8th  day 
of  that  month  a  strange  sight  presented  itself — two  men  riding  up 
and  penetrating  a  region  -(vliich  few  ever  approached  uitliout  pay- 
inir  toll  of  life  and  blood.  They  proved  to  be  two  of  Mr.  Fremont's 
old  i'Oi/ao:rari;,  and  quickly  toltl  their  story.  Theysvere  part  of  a 
gu.ard  of  six  men  conducting  a  United  States  officer  who  was  on  his 
trail  with  despatches  from  Washington,  and  whom  they  had  left  two 
days  back  while  they  caiue  on  to  gi-,-o  notice  of  his  approach,  and' 
to  ask  that  assistance  might  be  sent  him.  They  themselves  had 
only  escaped  the  Indians  by  the  swiftness  of  their  horses.  It  wag 
a  case  in  which  no  time  was  to  be  lost  or  mistake  to  be  made. 
Mr.  Fremont  determined  to  go  him.self;  and  taking  ten  picked 
men,  four  of  them  Delaware  Indians,  he  took  down  the  western 
shore  of  the  lake  on  the  morning  of  the  9th,  (the  direo'ion  the  ofli- 
cer  was  to  come,)  and  make  a  ride  of  sixty  miles  without  a  halt. 
But  lo  meet  men,  and  not  to  miss  them,  was  the  dilhcult  point  in 
that  trackless  region.  It  was  not  the  case  of  a  high  roatl  where 
all  travellers  must  meet  in  passing  each  other;  at  intervals  there 
were  places — defiles  or  camping  grounds — where  both  parties 
must  pass;  and,  watching  for  these,  he  came  to  one  in  the  after- 
noon, and  decided  in  his  own  mind  that,  if  the  party  was  not 
killed,  it  must  be  there  that  night.  He  halted  and  encamped,  and; 
as  the  sun  was  going  down,  he  had  the  inexpressible  satisfaction 
to  see  the  four  men  approaching.  The  oflicer  proved  to  be  Lieu- 
tenant Oillespie,  of  the  United  States  Marines,  who  had  been  des- 
patched from  Washington  iho  November  previous  to  make  bis  way 
liv  Vera  Cruz,  Mexico,  and  Mazatlan,  to  Monterey,  in  Upper 
California,  deliver  despatches  to  the  United  States  consul  there, 
and  then  find  Mr.  Fremont  wherever  he  should  be.  His  des- 
patches for  Mr.  Fremont  were  only  a  letter  of  introduction 
from  the  Secretary  of  State,  (Mr.  Buchanan,)  and  some  let- 
ters and  slips  of  papers  from  Senator  Benton  and  his  family, 
and  some  verbal  communical  ions  from  the  Secretary  of  State. 
The  depositions  takon  by  the  committee  show  the  nature  of  these 
verbal  communicatiens,  which  were,  in  substance,  that  he  should 
watch  and  counteract  any  foreign  schemes  in  California,  and  con- 
ciliate the  good  will  of  the  inhabitants  towarils  the  United  States. 
Upon  this  intinination  of  the  government's  wishes,  Mr.  Fremont 
turned  back  from  Oregon,  in  the  edge  of  which  he  then  was,  and 
returned  to  California. 

This  is  the  letter,  and  I  think  it  right  to  show  it,  and  to  read  it, 
lest  any  one  should  suppose  it  to  be  of  more  importance  than  it  is' 


''WAsmNnxos,  Novembers,  1&45. 

"  Mv  Dear  Sir  :  The  hearft  her,?of,  Mr.  Ar.bihald  H.  Gillespie,  is  about  to  Will 
the  northwest  coast  of  America  on  business,  and  has  requested  me  to  give  him  a  letter 
of  iutrodnetion  to  you.  This  I  I'o  with  pleasure,  because  he  is  a  gentleman  of  worth 
and  respectability,  anti  is  worthy  of  your  regaril.  I  do  not  deem  it  probable  that  he 
will  fall  in  with  you;  but,  if  he  should,  allow  me  to  besjieak  for  him  your  friendly 
attention.  He  will  he  able  locommunicale  to  yoo  information  of  the  health  of  Mrs. 
Fremont  and  of  Col.  Benton  and  his  familv.     From  voiir  friend,  very  respectfully 

"JAMES  BUCHANAN, 

•'  J.  C.  Frk.^^iont,  Esq.,  Oregon." 

This  is  the  letter;  and  of  itself  signified  nothing.  But  it  ac- 
credited the  bearer,  and  gave  the  stamp  of  authority  to  what  he 
communicated,  and  upon  this  Mr.  Fremont  acted;  lor  it  was  not 
to  be  supposed  that  Lieut.  Gillespie  had  been  sent  so  far,  and 
throiiirh  so  many  dangers,  merely  to  deliver  him  that  letter  on  the 
shores  of  the  Tlamalh  lake.  Mr.  Gillespie,  in  his  testimony,  has 
explained  all  the  reasons  of  the  mystery  of  this  letter,  and  of  the 
verbal  communications,  and  shown  that  they  were  precautions  to 
avoid  detection  in  Ills  perilous  journe/ through  Mexico  in  the  fall 
of  J.SIJ. 

This  is  not  the  lime  or  the  occasion,  Mr,  President,  to  show 
amidst  what  dangers  and  hardships,  scieniilie  di.seovery  was  pur- 
sued Ijy  Mr.  Fremont  in  these  remote  and  unexplored  regions. — 
The  time  may  come  for  telling  these  things.  But  the  events  of  a 
week  on  the  shores  of  the  great  TIamath  lake,,  sketched  with  the 
brevity  which  the  occasion  requires,  may  give  a  glimpse  of  these 
hardships  and  dangers,  and  of  the  courage  and  fidelity  with  which 
he  was  supported  by  his  men. 

The  night  he  met  Mr.  Gillespie  presented  one  of  these  scenes  lo 
which  he  was  so  often  exposed,  and  which  nothing  but  the  highest 
degree  of  vigilance  and  courage  could  prevent  from  being  fatal. 
The  r-anniing  ground  was  on  the  '.vestern  side  of  the  lake,  the 
horses  picketted  with  long  halters  on  its  shore  to  feed  on  its  grass, 
and  the  men,  (fourteen  in  number.)  sleeping  by  threes  at  difl'erent 
fires;  for,  though  in  May,  the  elevation  of  the  place  and  the  prox- 
imity of  the  snow-clad  mountains  made  the  night  inten.sely  cold. 
His  feelings  joyfully  excited  by  hearing  from  home — the  first  word 
of  intelligence  he  had  received  since  leaving  the  United  States  a 
year  before — Mr.  Fremont  .^at  up  by  a  large  fire,  reading  his  let- 
ters and  papers,  and  watching  over  the  safety  of  his  camp  while 
the  men  slept.  Towards  midnight  he  heard  a  movement  amonir 
the  horses,  indicative  of  alarm  and  some  danger.  Horses,  and 
especially  mules,  become  extremely  sensitive  to  danger  under  long 
travelling  and  camping  in  the  wilderness,  and  manifest  their  alarm 
at  the  approach  of  any  thing  strange.  Taking  a  six-barrel  pistol 
in  his  hand,  and,  without  waking  the  fanip,  he  went  'lown 
among  them.  The  moon  shone  brighlly^he  could  sec  nothing. 
Kncotiraged  by  his  presence  the  horses  became  tpiiet — poor  dumb 
crealures,  that  could  not  tell  what  they  had  seen — and  he  re- 
turned to  the  camp  supposing  it  was  only  some  beast  of  the  fore-st 
— some  wolf  or  bear  prowling  for  food,  that  had  disturbed  theiu. 
He  returned  to  the  camp-lire;  Lieutenant  Gillespie  woke  up,  talked 
with  him  awhile,  and  then  laid  down  again.  P'inally,  nature  had 
her  course  with  Mr.  Fremont  himself.  Excited  spirits  gave 
way  to  exhausted  strength.  The  day's  ride  and  the  night's  ex- 
citement demanded  the  reparation  of  repose.  He  laid  down 
to  sleep,  anil  without  waking  up  a  man  to  watch,  relying  upon  the 
loneliue.ss  of  the  place  and  the  long  ride  of  the  day  as  a  security 
against  the  proximity  of  danger.  It  was  the  second  time  in  twenty 
thousand  miles  of  wilderness  explorations  that  his  camp  had  slept 
without  a  guard — the  first  was  in  his  second  expedition,  and  on  an 
island  in  the  Great  Salt  Lake,  and  when  the  surrounding  waters 
of  the  lake  itself  constitnted  a  guard.  The  whole  camp  was  ihen 
asleep.  A  cry  from  Carson  roused  it.  In  his  sleep  he  heard  a 
groan — it  was  the  groan  of  a  man  receiving  the  tomahawk  in  his 
brains.  All  sprung  to  their  feet.  The  savages  were  in  the  camp; 
the  hatchet  and  the  winded  arrow  were  at  work.  Basil  Lajeu- 
nesse,  a  brave  and  faithful  young  Frenchman,  the  follower  of  Fre- 
mont in  all  his  expeditions,  was  dead  :  an  Iowa  was  dead  ;  a  brave 
Delaware  Indian,  one  of  those  who  had  accompanied  Mr.  Fremont 
from  Missouri,  was  dying — it  was  his  groan  which  awoke  Carson. 
Another  of  the  Delawarcs  was  a  target  for  arrows,  from  which 
no  rifle  could  save  him — eould  only  avenge  him.  The  savages 
had  waited  till  the  moon  was  in  the  trees,  casting  long  shadows 
over  the  camp  :  then  approaching  from  the  dark  side,  with  their 
objects  between  themselves  and  the  light,  they  used  only  the  hatchet 
and  the  formidable  bow,  whose  arrow  went  to  its  mark  without  a 
flash  or  a  sound  to  show  whence  it  came.  All  advantages  were 
on  the  side  of  the  savages  ;  but  the  camp  was  saved,  the  wounded 
protected  from  massacre,  and  the  dead  from  mutilation.  In  the 
morning  Lieut.  Gillespie  recognized,  in  the  person  of  one  of  the 
slain  assailants,  the  TIamath  chief  who,  the  morning  before,  had 
ffiven  him  a  salmon  in  token  of  friendship,  and  who  had  followed 
him  all  day  to  kill  and  rob  his  jiarty  at  night — a  design  in  which 
they  would  certainly  li.ave  been  successful  had  it  not  been  for  the 
promptitude  and  precision  of  Mr.  Fremont's  movement.  Mr.  Fre- 
mont himself  would  have  been  killed  when  he  went  to  the  horses 
had  it  not  been  that  they  counted  upon  the  destruction  of  the  whole 
camp,  and  feared  to  alarm  it  by  killing  one  before  the  general  mas- 
sacre. 

It  was  on  the  9th  of  May — a  day  immortalized  by  American 
arms  at  Resaea  de  la  Palma — that  this  fierce  and  bloody  work  took 
place. 

The  morning  of  the  10th  of  May  was  one  of  gloom  in  the  camp. 
The  evening  sun  of  the  9th  bad  set  upon  it  lull  of  life  and  joy  at  a 
happy  meeting  :  the  same  sun  rose  upon  it  in  the  morning  stained 
with  blood,  ghastly  with  the  dead  and  wounded,  and  imposing 
mournful  duties  on"  the  survivors.     The   wounded   were   to  be  car. 


468 


CALIFORNIA  CLAIMS. 


[Monday, 


ried,  the  dead  to  bo  buried,  and  so  to  be  buried  as  to  be  liid  and 
secured  from  discovery  and  violation.  They  were  carried  ten 
miles,  and  every  precaution  taken  to  secure  them  from  the  wolf 
and  the  savage  ;  for  men,  in  these  remote  and  solitary  dangers, 
become  brothers,  and  defend  each  other  livinj;  and  dead. 

The  return  route  lay  along  the  shore  of  the  lake,  and  during  the 
day  the  distant  ainoes  of  the  savages  could  be  seen  upon  it,  evi- 
dently watching  the  jirogress  of  the  party,  and  meditating  anight 
attack.  All  pi-eeautions,  at  the  night  encampment,  were  taken 
for  security — horses  and  men  enclosed  in  a  breastwork  of  great 
trees,  cut  dov  u  for  the  purpose,  and  half  the  camp  conslanily  on 
the  watch.  At  leaving  in  the  morning,  an  ambuscade  was  plant- 
ed—for the  foe  was  known  to  be  lurking  about — and  two  of  the 
Tlamaths  were  killed  by  the  men  in  ambush.  At  night  the  main 
camp,  at  the  north  end  of  the  lake,  was  reached.  It  was  strongly 
fortified,  and  could  not  be  attacked  :  but  its  whole  neighborhood 
was  infested,  and  scouts  and  patrols  were  necessary  to  protect 
every  movement.  In  one  of  these  excursions  the  California  horse, 
so  noted  for  his  spirit  and  docility,  showed  what  he  would  do  at 
the  bid  of  bis  master.  Carson's  rifle  had  missed  fire  at  ten  feet 
distance.  The  TIamath  bow,  arrow  on  the  string,  was  bending 
to  the  pull.  All  the  rifles  in  the  parly  could  not  have  saved  him. 
A  horse  and  his  rider  did  it.  Mr.  Fremont  touched  his  horse  ;  he 
sprang  upon  the  savage,  and  the  hatchet  of  a  Delaware  comple- 
ted the  deliverance  of  Carson. 

It  was  in  the  midst  of  such  dangers  as  these  that  science  was 
pursued  by  Mr.  l''remont,  that  the  Heleseope  was  carried  to  read 
the  heavens,  the  barometer  to  measure  tlio  elevations  of  the  earth, 
the  thermometer  to  measure  the  temperature  of  the  air,  the  pencil 
to  sketch  the  grandeur  of  mountains  and  to  paint  the  beauty  of 
flowers,  the  ])en  to  write  down  whatever  was  new  or  strange  or 
useful  in  the  works  of  nature  :  it  was  in  the  midst  of  such  dangers 
as  these,  and  in  the  wildest  regions  of  the  Farthest  West,  that 
Mr.  Fremont  was  pursuing  science,  and  shunning  war,  when  the 
arrival  of  Lieut.  Gille.spioturned  him  back  into  California,  and  en- 
gaged him  in  the  operations  which  gave  rise  to  the  bill  which  now 
claims  the  attention  of  the  Senate. 

Mr.  Fremont  turned  back  to  California,  and  arrived  in  the  val- 
lev  of  the  Sacramento  at  a  most  critical  and  exciting  time.  Three 
"rcat  operations,  fatal  to  American  mterests,  were  then  going  on, 
and  past  remedy,  if  not  arrested  at  once.  These  were  the  mas- 
sacre of  the  Americans  and  the  destruction  of  their  settlements  in 
the  valley  of  the  Saenyuento,  the  subjection  of  California  to  Brit- 
ish protection,  and  the  transfer  r]f  the  public  domain  to  British 
subjects,  and  all  with  a  view  to  anticipate  the  events  of  a  Mexican 
war,  and  to  shelter  California  from  the  just  reclamations  of  the 
United  States. 

The  American  settlers  came  to  the  camp  of  Mr.  Fremont,  in  the 
valley  of  the  Sacramento,  laid  all  these  dangers  before  him,  and  im- 
plored him  to  place  himself  at  their  head,  and  save  them  from  de- 
strution.  General  Castro  was  then  in  march  upon  them ;  the  Indians 
were  excited  to  burn  their  wheat  fields  and  to  attack  their  families, 
.luntas  were  in  session  to  transfer  the  country  to  Great  Britain  ; 
the  public  domain  was  passing  away  in  large  grants  to  British 
subjects;  A  British  fleet  was  expected  on  the  coast ;  the  British 
Vice  Consul,  Forbes,  and  the  emissary  priest,  MacNamara,  ruling 
and  conducting  every  thing,  and  all  their  plans  so  far  advanced  as 
to  render  the  least  delay  fatal.  It  was  then  the  beginning  of  June. 
War  existed  between  the  United  States  and  Mexico,  but  that  was 
not  known  in  California.  Mr.  Fremont  had  left  the  two  countries 
at  peace  when  he  set  out  upon  his  expedition,  and  was  determined 
10  do  nothin"  to  ilisturb  their  relations;  he  had  even  left  California 
to  avoid  "iving  ollence;  and  to  return  and  take  up  arms  in  so  short 
a  time  was  apparently  to  discredit  his  own  previous  conduct  as 
well  as  to  implicate  his  government.  He  felt  all  the  responsibili- 
ties of  his  position;  but  the  actual  approach  of  Castro,  and  the  im- 
mediate danger  of  the  settlers  left  him  no  alternative.  He  deter- 
mined to  put"  himself  at  the  bead  of  the  people,  and  to  save  the 
country.  To  repulse  Castro  was  not  sullicieut.  To  overturn  the 
Mexican  oovernment  in  Calilornia,  and  to  establish  its  indf.pen- 
TiF.NCE  was  the  bold  resolve,  and  the  only  one  adequate  to  the 
emergency.  That  resolve  was  taken,  and  executed  with  a  celer- 
ity tliat  gave  it  a  romantic  success.  The  American  settlers  rush- 
ed to  his  camp;  brought  their  arms,  horses,  and  ammunition;  were 
formed  into  a  battalion;  and  obeyed  with  zeal  and  alacrity  the 
orders  thev  received.  In  thirty  days,  all  the  northern  part  of  Cal- 
ifornia was  freed  from  Mexican  authority;  independemte  proclaim- 
ed; the  flag  of  independence  (the  bear  flag)  adopted;  Castro  flying 
to  the  soufh  ;  the  American  settlers  saved  from  destruction  ;  and 
the  British  party  in  California  counteracted  and  broken  up  in  all 
their  schemes.  ,         . , 

The  efleets  of  this  decisive  and  rapid  movement  can  only  be  con- 
ceived from  a  careful  perusal  ol  the  depositions.  From  them 
it  wiU  be  seen  that  deep  laid  plains,  conducted  by  the  British  Vice 
Consul,  Forbes,  and  the  emissary  priest,  MacNamara,  were  going 
on  to  shelter  California  under  the  British  erovvn,  .and  to  vest  its 
domain  in  British  subjects;  that  every  thing  was  verging  to  a  cri- 
sis and  a  British  fleet  expected  U|ion  the  coast ,  when  this  rapid 
und  successful  movement  broke  up  all  these  designs.  And  when 
Admiral  Seymour  arrived  on  the  Itith  of  July,  instead  of  an  invit.a- 
tiou  from  the  California  Junta  to  lake  the  country  under  British 
protection,  and  an  invitation  from  the  grantees  of  princiiialities  to 
take  British  interests  under  his  |iroteetion,  he  found  the  American 
fill"  nyin"  over  Monterey;  Fremont  and  his  riflemen  encamped 
oviu-  the  t'own;  the  British  parly  cxlincl,  and  the  American  trium- 
phant.    Thectl'eet  which  the  iippcarauco  of  this  daring  body  of 


Western  riflemen  produced  upon  the  minds  both  of  the  British  and 
American  naval  officers,  is  well  stated  by  Lieut.  Minor  in  his  de- 
])osition;  and,  injustice  to  those  men  as  well  as  to  the  truth  of  his 
tory  deserves  to  be  read  here.     He  says : 

"  Tlie  iui(tersit;nGd  was  on  dnty  on  shore,  when  f'apiain  Fremont  arrivetl  with  tii> 
force  at  Monterey  from  tlie  north.  Ttie  under«igne<i  helieves  that  the  apirearance  ol 
this  hoiiy  of  men,  an<l  the  well  known  character  of  its  lonnnander,  not  only  made  a 
strong  imjtression  U|:oii  the  British  ailmiral  and  ot^cers.  hut  an  eiiually  iniprtssive  and 
more  happy  one  upon  those  of  the  American  navy  then  in  Monterey.  For  himself 
tlie  iinderM'^'Ded  cay  say,  that,  after  he  had  seen  Captain  Fremont's  command,  all  hia 
doiihts  re^ardinfi  the  conf|Ue&t  of  California  were  removed." 

This  is  the  testimony  of  a  disinterested  witness — one  who  liim- 
self,  in  the  subsequent  operations  in  California,  rendered  good  ser- 
vice on  land,  there  being  no  chance  for  him  on  the  water.  It 
shows  that  the  timely  and  successful  movement  of  the  California 
battalion,  and  its  sudden  appearance  at  Monterey,  simultaneously 
with  the  arrival  of  the  American  and  British  fleets,  was  the  turn- 
ing point  in  the  fate  of  California.  It  showed  the  country  was  in 
anus  to  resist,  instead  of  asking,  British  protection;  and  it  en- 
couraged the  navy  to  believe  that  the  whole  country  could  be  eon- 
(luercd;  for  without  a  land  force,  the  naval  forces  could  only  have 
operated  along  the  coast. 

Anil  here  a  great  fact  presents  itself — one  which  these  deposi- 
tions have  consecrated  to  history,  and  which  belongs  to  the  chap- 
ter of  events  which  determine  the  fate  of  countries.  It  is  the  fact 
that  Fremont's  operations  determined  the  action  of  Commodore 
Sloat,  and  induced  him  to  take  possession  of  Monterey,  contrary  to 
bis  intention  when  he  anchored  before  that  town;  and  thereby  an- 
ticipated Admiral  Seymour,  frustrated  his  designs,  whatever  they 
were,  and  induced  him  to  leave  Monterey  as  suddenly  and  as  mys- 
teriously as  ho  had  arrived.  The  depositions  establish  this  fact, 
and  Sonne  reference  to  their  contents  will  prove  what  I  say;  and, 
first,  of  the  ellect  of  these  operations  in  deciding  the  action  of  Com- 
modore Sloat.  It  is  in  proof  that  he  entered  the  bay  of  Monterey 
as  a  friend,  on  the  2d  of  July,  ofi'ering  to  salute  the  town,  which 
the  authorities  declined,  on  the  grounil  that  they  hiid  no  powder  to 
return  it,  but  probably  because  the  British  admiral  was  expected. 
On  the  .")th  dav  of  July,  the  operations  ol  Fremont  were  heard  of, 
and  on  the  7th,  Commodore  Sloat  took  the  town.  The  testimony 
of  the  naval  officers  (Messrs.  Minor  and  Wil.son,)  and  the  Com- 
modore's own  correspondence,  (pages  "(Tand  73,)  show  circum- 
stantially that  bis  action  was  induced  by  hearing  of  these  opera- 
tions; and  the  testimony  of  Messrs.  Fremont  and  Gillespie,  point- 
edly prove  it.     Mr.  Fremont  sa^s  : 

"  I  came  down  to  Monterey  with  my  command,  upon  the  request  of  Cnuimodore 
Sloat.  to  CO  operate  with  him;  and  immetliately  on  my  arrival  waited  upon  hiin.  in 
company  with  Lieutenant  Gillespie,  on  hoard'  the  fripate  Savannah.  Conmiodere 
Ploat  ap))eared  uneasy  at  lite  great  responsihility  he  had  a-ssntned.  lie  informed  me 
thai  he  had  applied  to  Lieutenant  Gillesjiie.  whom  he  knew  to  be  an  agent  of  the  go\  - 
etument,  for  his  authority,  but  that  he  had  declined  to  give  it.  He  then  in((uired  to 
know  under  what  instructions  1  liad  acted  in  taking  up  arms  against  the  Mexican  au 
thoriiies.  1  inlotiiied  hitn  that  I  had  acted  solely  on  my  own  responsibility,  atid  w  ith- 
oul  any  authority  frour  the  governnient  to  justify  hostilities.  Commodore  Sloat  ap- 
peared greatly  disturbed  with  this  information,  and  gave  me  distinctly  to  understand 
tli.at  in  raising  the  flag  at  Monterey,  he  had  acted  upon  the  faith  of  our  oiierations  in 
the  north.  Contmodore  Sloat  soon  rclinipiisheil  the  command  to  Comniodore  .Stock- 
ton, who  detenuiiied  to  prosecute  hostilities  to  the  comirlele  conquest  of  California." 

Captain  Gillespie  says: 

"  In  reply  to  the  above  question  of  the  honorable  couiniiltee,  I  beg  leave  to  state 
that  at  an  iiiterview  between  Comniodore  Sloat,  (^aptaiu  Fremont,  and  nij-self,  Iteld 
on  board  of  the  United  States  frigate  Savannah,  lying  in  the  harbor  of  Monterey,  in 
,luly,  IS-IG.  Coiiimodore  Sloat  manifested  a  feeling  of  dissatisfaction  that  Captain  Fre- 
mont and  myself  had  not  reported  outlives,  and  the  ibrce  under  our  command,  to 
liim.  and  said,  addressing  both,  as  near  a^  I  can  recollect,  *I  do  not  know  by  what  au- 
thority yon  are  acting.  I  can  do  nothing.  Mr.  Oillespie  has  told  ine  nothing  ;  he 
came  to  Mazatlau,  and  I  sent  hmi  to  Monterey;  lutt  I  know  nothing.  I  want  to 
know  by  what  autjiority  you  are  acting.'  Captain  J'teuiont  replied,  'He  had  acted 
upon  b'is  own  authotily,'  and  not  from  ordcis  of  the  government.'  Commodore 
Sloat  then  expressed  much  snr-rise  and  distress,  and  said;  'I  have  acted  upon  the 
la  irii  of  your  operations  in  Hie  north.'  " 

Coincident  with  these  statements  is  the  letter  of  Commodore 
Sloat,  of  the  6ih  of  July,  to  Commander  Montgomery,  of  the 
Portsmouth,  then  in  the  Bay  of  San  Francisco,  who  had  sent  down 
a  launch  with  the  news  of  "Fremont's  successes.  The  letter  is 
dated  from  the  flag-ship  Savannah,  Bay  of  Monterey,  July  6th, 
1S47: 

"  Since  I  wrote  vou  last  evening,  I  have  ileterniincd  lo  boi.vt  the  Ihig  ol  the  rnited 
States  at  this  place  to  moriow,  as  t  w  onld  prefer  being  ^acnticed  I'oi  lioitig  too  much 
tlian  too  little.         "*  '''  ""        If  you  consider  that  you  have  sullicieut  force, 

or  if  Fremont  will  join  vou,  vou  will  lioist  the  Hag  of  the  I'niteil  Stales  nt  'Verbn 
llucna,  or  any  other  proiier  place,  and  take  iiossession,  in  the  name  of  the  TTnited 
Stales,  of  tlie fort,  and  tliat  portion  of  tlic  country." 

This  settles  the  great  fact  that  Mr.  Fremont's  operations  deter- 
mined the  action  of  Commodore  Sloat — induced  liim  to  change 
his  mind  after  he  bad  been  lour  days  at  Monterey — encourageil 
liim  to  take  the  town,  and  to  .send  out  orders  to  hoist  the  United 
States  flag  ill  other  places.  On  the  ICtlt,  -Vdmiral  Seymour,  in 
the  Colliiigwood,  of  8U  guns,  arrived;  the  frigate  Juno  was  previ- 
ously on  the  coast:  the  largest  sipiadron  that  the  British  govern- 
ment had  ever  had  in  the  Pacific  ocean  was  then  there;  and  all 
the  evidence  combines  to  show  that  the  object  of  this  squadron 
was  to  wa'ch  Commodore  Sloat,  to  follow  liim  wherever  he  went, 
to  anticipate  him  in  getting  to  Monterey,  and  to  be  in  readiness  to 
take  California  under  the  British  flag,  and  to  do  what  the  pro- 
tection of  British  interests  might  require  liini  to  do.  This  is  well 
and  fully  shown  by  the  testimory.     Lieutenant  Minor  says: 

"  The  undersigned,  being  in  command  ofthe  souUiern  district  of  California,  during 
the  luuer  |iart  of  l.^lli,  wiu«  informed  by  I'edro  C.  Carrillo.  (and  he  believes  the  inl'ur 
Illation  thus  obtained  is  tbiiniled  on  facts.)  that  he,  the  said  Carrillo.  was  «  member  ol 
a  jiinla  that  assi'inbU-il  at  Sauta  llarbara,  in  June,  l.-'-lli,  for  the  purpose  of  declaring 
the  inilepeudence  of  (California,  and  of  asking  tlie  protection  of  the  ITnited  Stales . 
ot  Great  Brilntn;  that  the  junta  wajropresented  by  .ill  of  Ihe  inhabited  portions  of 


April   10.] 


CALIFORNIA  CLAIMS. 


469 


i: 


('aiifomia;  that  nniajoriiy  of  tlio  same  were  for  claimin"  ilie  proipction  of  En;lnnii; 
rliiil  thciin'solviis  would  iirobably  imve  beun  execnteil,  had  it  not  Im'cii  for  the  war, 
nnd  Iheir  fe;irs  of  an  arnieil  force,  then  on  the  north  siide  oftlif  hav  of  San  Frandsco, 
nnilerlhe  coinmaiKi  of  ('ai>tain  Fremont,  The  undersigned  has  uiider;Iooi!  from 
other  sDurres  eolitled  to  confidence,  tliat  a  inajorily  of  the  [ipople  of  Cahfornia  de- 
sired the  jirolection  of  Knpland;  the  oiiinioii  he  thus  foinied  was  strengthened  by  the 
fact  tiiat  an  EngHsh  fritrat.*.  (the  Juiio.)  had,  about  the  lime  the  junta  mit.  latided  an 
Enghsh  sulijecl,  named  Macnaniara,  at  Santa  Barbara,  of  whom  it  was  said  that  he 
had  oblaineil  a  grant  from  the  Mexican  goveninieiit,  of  a  larfie  and  fertil*^  [lortion  of 
Cahfornia,  embracing  tlie  whole  valley  of  tho  San  Joaiiuin,  from  lUi  >ource  to  its 
month — a  valley,  as  the  undersigned  believes,  comprising  orie-thifd  of  tla-  rirlievt  por 
lion  of  California.  The  under^i>:neil  believes  that  the  Rritish  squadron  in  the  Paeific, 
eommanded  by  Rear  Admiral  SirdeorgeT.  Seymotir,  eornpnspd  tlien  of  a  larger  force 
than  thcv  ever  had  upon  that  ocean,  were  employed  in  closely  watching  tlie  move- 
ments of  the  American  commoilore.  Being  aware  of  this  fact,  (.'ommodore  Sluat, 
when  he  lie.iril  of  the  fir>I  battle  on  the  Rio  (Jranrle,  got  underway  in  the  frigate  Sa- 
vannah, tlieii  anchored  oft*  Mazatlan.  for  the  O-^tensible  purpo-ic  of  proceediu::  to  Cali- 
fornia; an  English  vessel  of  war  weighed  soon  after  the  Hnvannab,  and  :«tood  in  the 
direction  ofSan  Blau.  where  it  was  known  the  admiral  was.  At>er  cruising  hi  the 
ulf  (wo  days,  tlie  commodore  relumed  to  his  anchorage  oft'  Mazallan,  wlien  another 
iHglish  ship  got  under  way,  and  slond  in  the  directJon  of  Sau  Itla'*,  The  under- 
jiigned  believes  that  this  mftiifynvre  of  Commodore  Sloat  was  intended  for  the  decp)i- 
tiou  of  liie  Engli.sh  admiral.  <)t\  the  Pth  of  June,  1841).  the  Savannah  again  made 
sni!,  and  after  a  passogeof  twenty  three  ilays,  during  which  a  press  of  canvass  was 
carrii-d,  she  arri«ed  at  the  port  of  >Ionter»^y,  in  Upjier  California.  The  Coltignwood,  of 
eigliLy  guns,  the  flag  ship  of  Admiral  Seymonr,  entered  the  harbor  on  the  l.'iih  Jn!v, 
and  the  unrlersigned  believes  that  the  ailmiral  was  disaj)pointe<l  when  he  saw  the 
American  Hag  Hying  on  shore." 

Midshipman  Wilson  says  : 

"  (-/nlhc  llith  of  the  same  montli  Admiral  Seymour,  wlio  had  been  following  us 
f.»r  several  mouths  previous,  arrived    and  anchored  in  Iiis  flag  sliip,  the  Colliugwood, 

"  Upon  his  vessel  appeariui;  in  sight.  Commodore  Sloal  sent  onlers,  I  understood,  to 
ihe  commanders  of  the  difterent  vessels  compri^illg  our  «rjuadron,  to  be  in  readine^-, 
lu  ca>e  the  adiuirat  should  he  entering  with  hostile  inli'iition>,  or  an  order  to  that  eftect, 
leaving  the  impression  on  the  minds  of  \m  ollicers  tliat  Adnural  Seymour  must  have 
intended  to  have  prevented  our  scpiadron  from  taking  posses';ion  of  California,  Al 
though  such  )iad  been  our  impression  previously,  and,  but  for  tlie  timely  movL-ment.';  of 
Colonel  I'Vemont  and  liis  party  in  the  north,  thereby  Inflncnciiig  the  commodore  in  his 
movements,  such  I  fear  wonld  liave  been  the  result." 

This  testimony,  as  to  tlie  presnmi'.J  designs  of  the  British  Ad- 
miral is  fully  corroborated  by  all  that  was  goinir  on  in  California 
itsfilf,  while  Admiral  Seymour  was  watchin*T  and  following  Com- 
modore Sloat  on  the  coast  of  Mexico  and  California.  During  all 
tiiat  time  juntas  were  held,  under  the  management  of  the  British 
vice  consul  Forbes,  to  place  the  country  under  British  protection, 
the  public  domain  was  passing  to  British  subjects,  the  arrival  of  a 
British  fleet  in  the  course  of  the  summer  to  take  pos.session  of 
California  was  confidently  foretold,  and,  as  a  preliminary  to  this 
measure,  the  exjiuUion  and  drslruetiun  of  the  Americans  was  re- 
solved upon,  the  bunda  or  proelauuxtion  for  their  expulsion  actually 
issued,  and  trooj.s  raised  and  Indians  excited  for  their  destruction. 
The  expected  arrival  of  the  British  fleet  connected  itself  with  all 
these  operations;  and  all  these  would  have  been  sueccssliil  had  it 
not  been  for  the  success  of  Mr.  Fremont  and  the  people,  and  so 
says  all  the  testimony.  There  is  too  much  of  it  to  read;  and,  be- 
sides, a  |)art  of  this  labor  has  been  anticipated,  and  well  performed, 
in  the  luminou.s  and  statesmanlike  observations  of  the  Senator  from 
New  York,  [Mr.  Dix,]  in  what  lie  presented  to  the  Senate  a  few 
days  ago  in  favor  of  this  bill,  and  in  iiis  exposition  of  British  de- 
signs upon  this  continent.  He  read  some  passages  from  the  depo- 
sitions which  show  these  designs  in  California;  I  will  now  read 
more  for  the  same  purpose,  and  especially  to  show  that  a 
British  interest  was  to  be  created,  to  claim  his  protection  as  soon 
as  the  Admiral  arrived,  and  the  Americans  to  be  expelled  or  de- 
stroyed to  prevent  tl^ir  opposition  : 

[Cnpt.  Qillespit^s  deposit ioii. — Extract. 

"  Having  joined  Lieut.  Col.  Fremont  upon  tlie  9tb  Mav,  IfMli,  upon  the  northern 
end  of  the  Tiamath  lake.  I  returned  wnii  him  to  the  valley  of  the  Sacramento,  and 
arrived  at  the  settlements  upon  the  :i4th  of  the  same  month.  We  could  obtain  no 
news  from  below,  ?o  soon,  however,  .as  it  became  known  to  the  settlers  that  ('apt. 
Fremont  had  returned,  they  came  to  the  camp,  bringing  us  the  information  that  the 
Indians  of  the  vuHey  were  leaving  their  ranches  or  wigwams  and  tlying  to  the  moun- 
tain^.  In  some  places  tliey  had  sliown  a  Aery  lio-stilc  feeling,  and  certainly  had  l>een 
aroused  by  some  foreign  emissary.  Remaining  at  Lawson's  'wo  day*,  we  prueceded 
down  the  valley,  and  on  arriving  at  Neal  and  l>uttou's,  upon  Ileer  creek,  tlie  reports 
we  had  receivei^  were  contirmed,  tlie  Indians  in  that  section  having  taken  to  the  moun- 
tains, and  bad  killed  an  Indian  boy  iu  the  employ  of  Mr.  Outloit  because  lie  had  re- 
fused to  follow  them.  On  the  day  the  camp  remained  al  this  place  the  settlers,  old  ami 
young,  men  and  women,  came  toCapI.  Fremont,  begged  him  to  take  part  against  the 
Indian^,  and  give  them  protection. 

"  About  June  3l(ib  I  learned  that  tlie  junta  which  was  to  have  assembled  at  Santa 
Itaibara  upon  the  l.~)th  June,  and  whii-li  liad  been  planned  and  arranged  by  nud 
through  the  agency  of  Mr.  Forbes,  the  British  vice  consul,  and  an  Irish  Catholic  priest 
by  the  name  of  Maenamara,  had  been  prevented  from  assembling  in  consequence  of 
the  ri-'iing  of  the  ««ttler?.  This  junta  was  projiosed  for  the  purpose  of  asking  the  pro- 
tection *f  England,  aud  of  giving  an  im:neuse  tract  of  land  iu  the  valley  of  tlie  San 
Joaquin  for  the  settlement  of  teu  thousand  IriNhmen,  to  he  brought  to  California  un- 
der the  direction  of  Maenamaia.  All  this  intrigue  of  British  agents  was  broken  up  by 
the  limoly  and  prompt  oiieraiiou^  of  the  settlers,  under  the  ilirection  of  Captaiii 
Fremont. " 

I'npt.  Jlcns/n/s  df/ntsition. — Kitrnct. 
"  1  am  a  re-.idonl  in  California,  where  T  have  resided  since  the  autumn  of  If^'A.  Tn 
ilic  month  of  May,  ]8-Hi.  I  went  to  Sau  Fiancisco,  where  I  met  with  (leneral  VaMejo. 
one  of  the  most  pioinii'eut  and  inttuential  men  in  Upjier  Calilbrnia.  I  understood 
from  him  that  he  had  recently  attended  a  eouventioii.  composed  of  Gen.  Castro,  him- 
self, ami  (ivo  otliers.  delegated  from  the  difTercnt  liivtriels  iu  (California,  at  whicli  the 
pro|iosilion  had  been  made  and  {lel)aled  to  separate  from  Mexico  aud  establish  a  gov- 
evnmaut  in  Caliloruia..under  Ihe  iiroleetion  of  some  foreign  [lOwei,  believed  by  us  lo 
be  Eni'lanii;  but,  :u  thij  general  [losilively  staled,  tlie  majority  jvas  not  in  lavor  of 
).la.;ini;  the  eounlry  under  the  protection  of  the  United  St.rtci.  though  he  himself  was. 
(^en.  Valiejo  was  of  course  guarde<i  iu  conversing  on  so  dangerous  a  subject  as  tin's 
was  at  that  time;  but  the  above  is  the  substance  of  lii^  remarks,  as  understood  by  my- 
self and  utliers  uho  lieard  them. 

••  About  till.,  timet  beard  that  Capt.  Fremont  bad  returned' from  the  northward,  and 
was  then  iu  the  ^ipei  part  of  the  SacTamento  valley.  I  iuiniediatety  rejiaired  to  his 
camp,  where  1  inlormcd  liim  of  all  that  I  had  learned  respecting  the  condition  of  Ihe 
country  aud  Ihe  ilesigns  of  Ihe  leading  men  among  the  Californmns,  giving  it  as  my 
opinion  that  Ihe  American  residents  wonld  Jia\e  to  leave  the  country  or  figlit  for  tlieiV 
homes;  at  the  same  time  saying  1  was  sure  we  would  not  leave  the  counlrv. 

"Chaplain  Fremont  resolve*!  to  join  (he  Americaus  for  their  safety^  aiid  to  over- 
throw the  Mexican  forces  in  tint  province. 


'■Tiie  fourth  of  July  was  duly  celebrated,  and  on  tlie  fifth  we  organized  the'CaU- 
fbruia  bauahon,'  adopting  the  'grizzly  in-ar'  as  our  emblem,  requesUng  Captain  Fre- 
mont to  take  command  ol  Ihe  baltahou  and  of  all  the  force*  ami  n*i0urces  of  the 
country,  which  command  he  accepted.  As  lOon  as  it  was  known  that  Captain  Fre- 
mont had  accepted  the  command,  Ihe  Californiau  population  seemeii  to  become  well 
pleased  with  the  change  in  affair*,  aud  brougiii  in  their  property  and  means  of  war- 
tare,  which  they  placed  at  Fremont'*  <Iispo-ial.  He  re>iort-d  to  them  and  lo  the  Ameri- 
can settlers  all  the  hor^-es  which  hatl  been  previously  caplured  or  preswd  into  tho  ^ot 
vice  by  the  AmericaiH,  retaining  only  a  numlwr  surticient  for  the  actual  wants  of  the 
siprvice.  He  then  set  out  with  tlie  battalion  in  pursuit  of  Caotro,  by  way  of  the  Sacra- 
meuio.  sending  me  with  a  small  |arlv  to  communicate  with  Dr.  Mai»h.  Wheu  1  ar- 
rived at  Marsh's,  I  learned  that  war  had  been  declared  between  the  United  State*  and 
Mexico,  and  that  Commodore  Sloat  had  arrived  at  Monterey  and  railed  tlie  Ameri- 
can Hag.  Returning  with  tliii  intelligence,  I  found  that  Captain  Fremont  had  alrvadv 
Ic.-irneit  it,  and  was  on  his  way  to  Monlerey.  1  followed  and  joiucd  bim  at  the  mis- 
sion of  San  Juan,  near  Monterey." 

CapUtin  CA(V(i'.T  Hatfluieut — eitract. 

"I  know  that  Gen.  Vallejo  left  Sonoma  for  the  purpose  of  attending  a  general 
council  at  Monterey,  about  the  time  llie  ln:>h  prient,  Maeiiumara.  arrivetl  m  ('aliruc 
ma,  and  a  i>liort  lime  before  the  revolution  in  tlial  country;  and  I  recollect  beami" 
that  the  I'^iighsh  consul,  Mr.  Forbes,  accompanied  him  to  tho  Puebla  do  los  Angelo«, 
for  the  purpose  of  seuingthe  governor  in  relation  to  obtaimiig  a  "rant  of  land,  upon 
which  il  w.as  said  a  colony  of  British  subjects  was  lo  be  C5iabh.shed. 

"The  revolution,  lo  the  best  of  my  knowledge,  put  an  eaiiru  blop  to  eucIi  grant* 
and  sales." 

Captain  Owena's  deposition — cilract. 

"Tlie  settlers  made  many  applications  for  lielp  to  ('aptain  Fremont,  on  the  ground 
that  they  were  American  citizens.  We  went  down  and  camped  at  tlie  Bulte>,  about 
si.\ty  miles  above  Siitler'».  There  was  a  goo<l  deal  of  correi|>ondcnce  between  the 
settlers  and  our  camp,  and  as  the  danger  scemeil  near  al  liaiid,  mid  there  was  no  other 
way  to  got  out  of  it.  it  was  liually  ai'reed  to  join  the  settleri  and  fight  the  Calilbrniani. 
In  this  way  the  revolution  began.  The  settlers  were  driven  I J  it  in  self  defence.  But 
I  do  not  think  that  it  wonld  have  taken  place,  orlhat  they  could  have  been  nnili-d 
together  without  the  .lid  aud  proter-tion  of  <^'a|ptain  Fremont,  Tliey  had  not  coiili 
deuce  enough  in  tlicir  own  stiength  to  undertake  the  war  without  support.  Capimii 
Fremont's  party  wa*  strong  and  well  armed,  and  went  together  like  one  ruaii.  Tbe 
strength  of  \\m  party  and  the  name  of  (.'aptaiii  Fremont  as  a  United  States  olllcer, 
gave  eontidence  au.l  kept  the  people  together  both  during  the  rcvoluliou  and  in  the 
war  afterwards." 

Lieutenant   Lokers*s  drpu.iition — rxirict. 

"About  the  time  Castro  was  raising  men  to  drive  ("oUinel  Fremont  out  of  the 
country,  I  wa»  staying  at  Sutter's  Fort,  m  the  Sacramcnio  valley  ;  there  was  abo  a 
consider;ible  number  of  American  settlers  around  and  near  the  fort,  and  Ca^»lro's 
movements  crcaied  a  good  deal  of  excitement,  so  mueh  so  that  many  of  lliem  wanted 
logo  to  Fremont's  aasislance  immediaudy.  .ami  would  have  gone  had  not  th,;  colonel 
and  Ids  party  arrived  on  the  American  fork;  after  he  bed  lett  for  the  Tlamaih  lake 
there  w^as  a  good  deal  of  talk  about  England  taking  posxession  of  the  country,  and 
many  t'oreigners  of  the  highest  xt.-viidiiig  in  the  country  asserted  thai  they  kneiv  that 
England  had  a  mortgage  on  it ;  and  that  a  British  man  of-war  was  on  the  northwest 
coast,  aud  wonld  be  down  in  the  course  of  the  summer  to  lake  possession  of  Califor 
nia.  Soon  after  Colonel  Fremont  left.  Major  Gillespie  arrived,  MtarleJ  after,  aud 
lirought  him  b^ck  ;  Iheii  commenced  the  revolution,  which,  had  he  not  countenanced 
aud  aided.  I  know  not  what  woulil  have  been  ihe  coiwcquences  to  the  American  set- 
tlers, (women  and  children  included  ;)  for.  just  belore  his  lelurn.  there  waK  a  nieeliDg 
of  the  nrincipal  men  of  the  country  al  Monterey  ;  they  there  thought  it  advitable  tii 
order  all  foreigners  to  leave  the  country,  and  jmblishe'd  a  bamla  lo  ihateirecl,  ordering 
all  foreigners  to  leave  the  country  by  a  certain  day,  or  force  would  be  uicd  to  compel 
tliem  to  leave  ;  women  and  children  were  included  iu  the  banishment  :  and  Colonel 
Fremont  returning  in  the  country  about  that  lime,  and  finding  the  men  iu  the  valley 
much  excited,  nud  the  alarm  of  the  women,  could  not  have  acted  orherwiiC  than  he 
did." 

/Jr.  Baldicin's  deposition — extract. 

"I  again  entered  Mexico  (city)  on  the  I4th  of  September,  1847,  aud  remained  tliere 
until  the  Isl  of  November ;  during  that  time  [  made  the  ac()U»inlance  of  the  prieit 
Macnamara,  and,  from  sources  entitled  to  credit,  1  was  informed  that  he  had,  under 
the  auspices  of  the  Ilriti^h  legation,  projected  a  plan  lo  culontze  California  with  emi 
grants  from  Ireland.  His  project  had  met  the  approbation  of  the  Me:(ican  goveru- 
lusni,  and  he  went  lo  ('ahtbrnia  to  i)erfeet  his  plans.  In  the  mean  time  it  was  ascer 
taiued  tliat  the  ulterior  \  lews  of  Macnamara  were  to  promote  the  interest  of  the  British 
government,  and  not  the  Mexican  government.  A  fierce  opposition  was  contem- 
plated by  the  republican  members  of  Congress  when  he  !<boiild  return  with  his  maliired 
plans  t"rom  Calilbrnia  ;  this  resistance  became  unneeeasary  in  consequence  of  the  eon- 
quest  of  (California  by  the  arms  of  the  Uniteil  States.  M.ic'namara  lived  in  the  family 
of  either  Uie  British  consul  or  charge  des  aftbires  in  Mexico." 

This  is  a  small  part — a  small  ])art  onl}- — of  the  depositions  which 
establish  the  £r»*eat  points  which  I  have  mentioned,  that  there  was 
a  plan  in  proijress  at  the  time  ot  Mr.  Fremont's  return  (rum  the 
Tlaraath  lake  to  place  California  under  British  jnotection — to 
transfer  the  public  domain  to  British  subjects,  and  to  expel  or  de- 
stroy all  the  American  settlers  ;  and  that  this  plan  was  frustrated 
by  the  heroic  determination  of  Mr.  Fremont  to  put  liimseif  at  the 
head  of  the  people,  and  to  overturn  tlie  Mexican  government  in 
Calilornia.  But  it  is  not  all  the  proof  \<'hich  shows  the  British 
desire  to  possess  Calilornia,  and  especially  the  ma^niticent  liay  ol 
San  Franeiso.  That  desire  is  no  new  passion  with  that  power. 
From  the  time  of  the  great  navigator.  Capt.  Cook,  her  eyes  liave 
been  tLxed  on  the  nortliwest  cotist  of  America.  Three  times, 
within  half  a  century,  liave  British  national  vessels  surveved  that 
coast,  and  especially  the  bay  of  San  Francisco.  Vancouver, 
Beechey,  and  Belcher,  have  each  surveyed  it,  and  the  bay  itscll, 
with  all  the  particularity  of  the  survey  of  a  British  labor.  Here 
is  a  chart  ol'  this  bav  made  by  Beeehey  in  1828,  published  at  the 
Royal  Hydrographie  Bureau,  exhibiting  the  mo.st  commodious  and 
capacious  harbor  upon  thi^  faire  of  the  earth,  large  enough  to  liohi 
all  th«  navies  of  the  world,  an  easy  and  defensible  entrance  fn»m 
the  sea,  opening  out  forty  miles  to  the  right  and  left,  sheiteretl 
from  every  wind,  receiving  two  handsome  rivers,  draining  a  basin 
of  tive  hundred  miles  of  fertde  valleys  and  picturesque  mountains, 
a  healthy  and  delightlul  climate,  and  backed  at  the  distance  of  one 
hundred  and  twenty  miles  bv  the  lofty  ridge  of  the  Sierra  Xcvada, 
ci'owned  with  internal  snow.  Upon  this  bay  Great  Britain  has  had 
her  eyes  HxeJ  for  lialf  a  <-entury  :  and,  in  June,  1846.  at  the  mo- 
ment of  Mr.  Freinont'.s  return  from  the  Tiamath  Lake,  all  her 
long  deferred  and  cherislted  inclinations  seemed  to  be  on  tlie  point 
of  realization.  The  revolt  of  the  settlers  frustrated  this  ripened 
hope,  in  the  apparent  moment  of  fruition,  and  placed  the  coveted 
prize  under  the  flag  of  the  United  States. 

This  finishes  the  first  act  of  the  conquest  of  California.     It  fin- 


470 


CALIFORNIA  CLAIMS. 


[Monday, 


islies  the  revolutionary  movement  in  favor  of  imlcpendcnce.  and 
lirinfis  Mr.  Fremont  and  his  victorious  battalion  to  Monterej- — 
their  flag  of  independence  exchanged  for  that  of  the  Uniteo  States 
— themselves  uniting  with  the  naval  forces — and  turning  over  all 
the  fruits  of  their  successful  enterprise  to  the  government  of  the 
United  States. 

The  committee,  appreciating  at  its  full  value  all  the  importance 
of  this  revolutionary  movement,  both  as  it  concerns  nations  and  in- 
dividuals, and  the  truth  of  history,  have  instituted  into  it  a  most 
searching  examination  ;  and  the  result  is  what  I  have  .stated,  and 
what  the  document  of  evidence  proves.  And  their  opinion  was 
unanimous  that,  although  this  movement  was  made  without  the 
authority  or  kuowledgc  of  the  gcjvernincnt,  and  without  llic  knowl- 
edge that  war  exi.sted  at  the  time  lietween  the  United  States  and 
Mexico,  yet  such  being  the  fact,  and  the  United  States  having  re- 
reived  all  the  benelits  of  the  movement,  they  are  hound  in  honor 
and  in  conscience  to  pay  all  ils  expenses. 

Commodore  Sloat  returned  to  the  United  States  ;  Commodore 
Stockton  succeeded  to  the  command  ;  and  here  commenced  his 
connexion  with  the  conquest  of  California.  He  proposed  to  com- 
plete the  eonque^t  by  pursuing  Castro  to  the  south,  and  taking 
the  '•city  of  the  Jlngds."  But  the  aid  of  a  land  force  was  indis- 
pensable to  this  enterprise  ;  and  hero  the  American  settlers  again 
showed  their  couracje  and  patriotism.  Commodore  Stockton  ap- 
plied to  Fremont  and  Gillespie  to  join  with  their  battalion — lo 
serve  under  him,  and  obey  his  orders.  They  asreed  to  do  so,  both 
men  and  oflicers,  and  this  was  fully  sworn  by  Commoik>re  Stock- 
ton before  the  late  court  martial.  On  receiving  the  command  from 
Commodore  Sloat,  he  says  : 

"  1  iiiiniftlialely  seiil  to  Major  FrenionI  to  iiiforiii  Iiim  of  what  li;ul  orctirrpd,  and  to 
let  Iiiiii  Know  tliot,  if  lie  and  Ijjpnt.  <iillfS[>ie,  witli  thy  volunteers  who  were  Willi 
them,  would  volunteer  to  serve  under  my  command  so  long  as  I  might  he  in  [losses- 
sion  of  CaUlbrnia  and  desired  their  serviees.that  I  v\oulrl  form  ahatlaliou  hy  apjioint- 
in"  him  (<'a|)t.  Fremont)  major.  This  was  all  done  in  the  course  of  the  day^  and  tlie 
next  morning,  when  they  were  ordered  to  embark  on  hoard  the  I'nited  Slates  s)ii|i  fy- 
ane,  to  be  landed  at  Sr^n  Diego.  These  men  were  not  of  the  kiiui  oi'pn-soniipf  wtiieh 
soiuetiniGs  compose  regular  armies.  They  were  principally  l"ree  American  citizens, 
who  had  settled  in  Calilbrnia.  Thgy  were  men  ol'iesjiectabilily.  of  influence,  and  of 
i>toperty;  they  were  no  ordinary  men,  because,  when  toitt  that  I  had  otiereil  them  ;i3 
pay  ten  dollars  a  month,  they  said,  as  I  was  told,  that  they  would  not  accept  that  jiav; 
that  it  would  not  pay  their  expenses;  hut  that  they  would  volunteer  to  serve  under  my 
conmuand  without  (tixedj  comjiensation."' 

Thus  the  men  of  the  battalion  passed  into  the  service  of  the  Uni- 
ted States  -without  a  stipulation  for  fixed  coni])ensation,  but  with 
the  full  expectation  that  justice  would  be  done  them.  Mr.  Fre- 
mont, actuated  wholly  by  public  and  patriotic  considerations,  took 
command  under  Cotiiniodore  Stockton.  He  gave  up  his  indepetitl- 
ent  position;  become  subordinate  to  Commodore  Stockton;  carried 
with  him  the  men  of  the  country,  and  ensured  the  cotupiete  con- 
ipiest  of  the  country  ;  for,  without  land  forces,  the  conquest  could 
not  have  been  accomplished. 

This  was  the  last  of  July.  Leaving  their  horses  on  shore,  the 
men  iminediately  went  on  board  the  Cyane,  sailed  down  the  coast 
five  iiundred  miles  to  .Stin  Diego,  and  marched  for  Los  Angeles, 
distant  one  hundred  and  tifty  miles.  This  city  (the  capital  of  the 
Californias)  was  taken  early  in  August;  and  with  its  capture,  the 
conquest  of  California  was  complete.  But  the  conquest  was  to 
be  preserved.  The  (uders  to  the  naval  officers  were  to  conquer, 
hold,  and  govern  California,  and  to  do  that,  the  service  of  lanil 
forces  was  further  wanted.  The  seamen  and  marines  were  wanted 
on  board  the  vessels;  no  troo])S  of  the  United  States  were  there. 
The  I'urther  services  of  Fremont's  battalion  becaiue  indispensable. 
They  detrianded  twenty-tive  dollars  a  month,  (which  is  very  near 
the  amount  allowed  by  law  to  mounted  men,)  and  only  remained 
in  service  upon  condition  of  receiving  it.  So  testifies  Captain 
Hensley,  an  olficer  of  the  battalion,  and  a  gentleman  of  character 
and  intelligence,  wdio  was  examined  before  the  committee.  He 
says: 

*•  I  was  present  when  theCalilornia  battalion  was  mustered  into  the  service  of  th^ 
Ignited  States,  apd  the  men  then  positively  refused  to  serve  for  eleven  dollars  per 
moiitl).  They  remained  in  the  service  without  any  rate  of  pay  being  specitied,  until, 
ill  .August.  1S46,  at  the  City  of  .\ligels.  Colonel  Fremont  onleied  iiie  to  inquire  of  my 
company  at  what  rate  of  pay  Ijiey  would  consent  lo  rciiiuin  in  the  service.  They 
inianimouslv  demanded  twenty  live  dollars  per  month,  and  refused  to  remain  anv 
longer  in  service  unless  tliat  amount  was  promised  llicm.  I  considered  the  late  of  pay 
ileinanded   hy  the  men  as  reasonable    for  tli.at    cuniilry,  and    under  all  the  circnni- 


service  to  garrison   the 


Upon    these   terms   they   remained 
country. 

But  a  new,  and  more  arduous  serviite  was  required  from  the 
California  battalion.  In  the  fall  of  l.S.Ki  an  insurrection  broke  out 
in  Southern  California,  and  the  battalion  was  called  upon  lo  join  in 
lis  suppression.  Most  of  I  hem  had  returned  to  the  North.  An- 
other campaign  to  the  South  was  retptired,  and  many  recruits  ne- 
cessary to  comjilete  its  strength.  A  body  of  cuiigrants  htid  just, 
urrivcti  frtim  llie  United  Sttites.  and  stopped  in  the  valN^y  tti'  tlie 
Sacramento.  Leaving  tlietr  lainilii's  siiu^litlv  pfovidi-d  with  shelter 
and  subsistence,  above  two  hundred  ot  thetii  joined  Mr.  Fremont 
for  this  new  expedition  of  near  seven  hundred  miles  distaiittc.  At 
tlrst  it  was  attempted  from  the  San  Francisco  bay  by  sea.  Baf- 
fled in  that  attempt,  after  twenty  ilays'  contest  with  adverse 
winds,  a  return  to  Monterey,  and  an  overland  iimrch  to  Los  An- 
geles, became  unavoidable.  It  wtis  the  beginning  of  winter — the 
t!old  rains  already  set  in — a  cotmtrv  ol  ileliles  and  moiititains,  and 
in  a  state  of  insurrection,  to  be  traversed — and  every  tiling  to  be 
piocnreil,  and  without  money.  In  a  few  weeks  all  was  ready — 
eiunioti  mounted,  beef  cattle  procured,  six  hundred  horses  col- 
lected. It  was  a  march  of  extraordinary  hardship,  as  well  as  re- 
quiring military  skill.     Every  day  many  horses  pctrished  of  hunger 


and  cold,  and  on  Christmas  day  above  an  hundred  died  on  the  Santa 
Barbara  in  a  storm  of  wind  and  rain,  black  with  the  tempcM  from 
the  Pacific  ocean.     The   march   required   skill;  but   it  was   with 
something  more  than  a  soldier's  eye  that  Mr.  Fremont  felt  it  to  be 
his  duty  to  survey  the  field  before  htm.     He  knew  that   the   Cali- 
fornians  against  whom  he  was  going  were  themselves  revolution- 
ists— successful   insurgents  against  Mexican  autherity — and  con- 
scious that  they  must  come  eithei  under  the  American  or  British 
flag.     Conciliation  was  his  policy.     To  gain  over  these  people  by 
mifdness  and  justice,  in.stead    of  crushing  them    by  arms,  became 
his  object;  and  to   the   attainment   of  this  object   all    his   military 
movenienls  became  subordinate  and  subservient.    San  Luis  Obispo, 
a  focus  of  insurrection,  the  seat  of  a  commandant,  and  distant  one 
hundred  and  tifty  miles,    was   to   be   taken   and    passed.     He  con- 
ceived the  design  of  <i  secret  march — a  surprise — a  capture  with- 
out bloodshed. — and  the  seizure  of  the  insurgent  chiefs:  and  he  ac- 
complished that  design.     The  secret  march  was  made — town  sur- 
jirisetl — and  the  arrests  effected — and   eflected  with   the  tjuiet   and 
order  of  so  many  civil  arrests  in  one  of  our   peaceful   cjties.     Don 
Jesus  Pico,  and  some  thirty  others,  were   taken.     Then    an   event 
occurred  which  gave  a  decisive  turn   to  the  character  of  the  war. 
and  ensured   its  peaceful  and   happy  conclusion.     Don   Jesus  Pico 
was  particularly  obnoxious  to  the  Americans.     He  had  broken  his 
jiarolc — been  active  in   the  insurrection — and  had  sent  out  an  ex- 
pedition in  which   Capt.  Borrows  and  some  brave  men   had  been 
killed.     He   was  placed   before  a  court   martial,  condemned,  and 
ordered  to  be  shot.     Mr.  Fremont   pardoned   him,  and  in  that  act 
consummated    his   policy  of  conciliation,  prevented    further   resis- 
tance to  his   march,  and  prepared  the  way  for  the   capitulation  of 
Couenga.     Don  Jesus  was  connected  with  all   the   principal  fami- 
lies by  blood  and  marriage.     He  was  cousin  to  Don  Andres  Pico, 
a  principal  chief  of  the  insurrection  at  Los  Angeles.     He  attached 
himself  to  Mr.  Fremont;  took  the  side  of  peace   and   conciliation; 
went   with    him   in  his  march;  and   contributed  to  quiet  the  towns 
through  which  they  had  to   pass.     The  people  remained  in  their 
houses,  oflered   no  resistance,  and   received    no   harm.     A  corps 
of  observation    which  hung  upon  his  march  yielded  the  maritime 
jiass  of  the  Punio  Gordo  without  resistance,  and  galloped  about 
without  giving  or   receiving  any  serious  atf.ack.     The  main  hotly 
of  the  insurgents    at    Lds  Angeles;  hearing  of  his   approach,  !\nd 
that  he  had  passed  Santa  Barbara,  marched  out  to  meet  him;  then, 
changing  their  minds,  they  turned   back  to  the   south,  and  fought 
the  actions  of  the  Sth  and  9th  of  January,  with  Commodore  Stock- 
ton.    Repulsed,  but  not  routed,  (for  Commodore    Stockton's  com- 
mand was  all  on  foot,  and  tlie  insurnents  all  mounted.)  they  turneu 
again  to  meet  Mr.  Fremont,  and  .took  post  in  the  pass  of  San  Fer- 
nando.    They  undertook    to  defend  the    pass,  which    being  turned 
by  the  riflemen,  they  fell  back  into  the  plain  of  Couenga,  famous 
as  a  battle  field   in  the   strifes  of  California.     Mr.    Fremont  sent 
them  a  message.     They  agreed  to  meet  him.     He  went  out  alone 
to  see  them,  attended  only  by  Don  Jesus    Pico,  (who  had  attached 
himself  to  him  for  life  and  for  death  since  his  pardon,)  and  had  an 
interview  with  Don   Antlres   Pico  and   other  chiefs.     They  agreed 
to  capitulate  to  him,  and   to  nobody  but  him,  declaring  that  they 
woulii    take  to  the  mountains  "and   die  like   wild  beasts,"  before 
they  would  submit  to  any  one   but  him.     The   terms  were  agreed 
upon,  and  they  were  conformable  lo  the  lawof  nations,  and  to  the  law 
of  common  sense  and  justice.     The  insurgents  gave  up  their  can- 
non and  jiublic  arms,  retired  to  their   homes,  promised  suhmissioti 
to  the  American  authority,  and  aid  in  preserving  order,  anid  in  re- 
turn were  to  receive  protection,  and  not  to  be  required  to  take  the 
oath  of  allegiance  to   the  United  States  until  a  definitive  treaty  of 
peace  with  Mexico   should    fix    their   political   condition.     These 
terms,  agreed  upon   in  person,  were   reduced  to   form  by  commis- 
sioners appointed   on  each   side,  approved   by  the   respective  com- 
manders-in-ohief,  (Commodore   Stockton  and  Do.:  Andres  Pico,) 
and  the  war   not  only  terminated    and  peace   established,  but  the 
fruits  of  peace  acquired  and  enjoyed. 

This  was  the  conclusion  of  the  war,  and  was  so  related   by  tho 
United  States  consul   at  Monterey,  (Mr.   O.  Larkin,)  who  was  a 
prisonci  in  the  hands  of  the  insurgents   at  the    time   of  Mr.  Fre- 
mont's approach  to  Los  Angeles.     He  says: 

"  On  the  3d  or  -Ith  of  January  news    reached   the  Puebla  that 
Colonel  Fremont  was  south  of  Santa  Barbara,  marching  to  meet 
the  Caiifornian  forces.     The  latter   then   mustered  all  they  could, 
to  the  number  of  4110  to   500,  and  encamped  two  or  three  tlays  at 
the  mission  of  San  Fernando,  av^-aiting  the   arrival  of  the  rifiemen, 
and  appeareil    very    iiiixions   to    have    a   flight.     Information    now 
reached    GeticrMl  l-'lnres  that  Commodore  Stockton,  with   GOU  men 
Ijotii  .^:in  Diego,  would   soon  be    in  his  vicinilv.     He  immediately 
ordered  all  the  Mexicans  and    Californias   to  leave  San  Fernando, 
and  march  to  the  opposite  site  of  the  Puebla    to  meet  the  marine 
forces.  ....... 

"  On  the  13tli  of  January  the  capitulation  of  Conenga  was 
signed.  •  •  ■•  *  •  * 

"  The  war  in  California  is  now  over,  as  far  as  the  Californians 
are  concerned,  (inrf  if  thrir  manners  and  customs  are  tolerated, 
and  common  protection  afforded  them,  they  will  gradually  fall 
into  the  new  order  of  affairs.  They  have  had.  in  dillerent  parts, 
nine  hundrcil  men  iRidcr  arms,  every  man  with  good  horses  and  a 
lance,  most  nl  them  with  swords,  pistols,  rilles,  or  carbines,  every 
one  of  them  cotintrytneii,  to  aid  thctii  either  by  choice  or  ^force;  a 
perfect  knowledge  of  every  hill  and  valley;  yet  they  did  not  suc- 
ceed, and  have  lnund  iheir  losses  in  horses  and  waste  of  time  so 
great  as  to  prefer  pence  for  the  future,  under  a  guaranty  of  good 
treatment." 


April  lO.J 


CALIFORNIA  CLAIMS. 


471 


The  capitulation  of  Couenga  was  the  happy  conclusion  of  the 
war,  and  is  so  testified  by  many  witnesses.  Midshipman  Wilson, 
a  captain  in  the  Californian  battalion,  says: 

"  Wc  had  frequent  skirmishes  with  parties  of  the  enemy  until 
the  capitulation  of  Couenga,  which  acted  almost  magically  m  res- 
lorinfT  peace  and  tranquility  to  the  country;  and  but  for  that  capit- 
ulation, so  lionortoial  in  its  results,  my  impression  is  that  the  CaU- 
fornians  would  have  carried  on  a  system  of  jruernlla  warfa,ro,  by 
which  many  lives  and  much  property  would  have  been  sacnflcd. 

Col.  Russel,  who  was  chief  staff  officer  in  the  battalion,  and 
one  of  the  commissioners  for  making  the  capitulation,  says: 

"  At  the  capitulation  of  Don  Andres  Pico  to  Col.  Fremont,  ho 
and  other  Calil'ornians boldly  declared  their  determination  never  to 
submit  to  any  other  officer  than  him,  and  on  the  terms  siaiHcd  m 
the  capitulation  of  Couenga,  of  which  1  was  one  of  the  negotiators. 

"  I  hesitate  not  to  give  it  as  my  decided  opinion  that  the  capit- 
ulation of  Couenga  on  the  13th  January.  1847,  was  the  mam 
cause  of  saving  the  country  from  a  bloody,  vexatious,  pic.latory 
warfare,  that  would  necessarily  have  been  protracted  lor  a  consid- 
erable length  of  time. 

"  I  remained  at  Los  Angeles  over  two  months  after  the  capitu- 
lation, and  became  well  acquainted  and  conversed  much  with  the 
families  in  that  part  of  the  country,  and  from  all  I  could  learn  the 
good  results  of  that  treaty  in  preventing  a  guerrilla  warfare  was 
fully  confirmed.'' 

This  was  the  conclusion  of  the  war,  and  the  restoration  of  peace, 
and  its  fruits.  The  capitulation  of  Couenga  was  the  pacification 
and  reconciliation  of  California.  It  was  the  last  act  in  the  drama 
of  the  conquest,  and,  like  the  first  movement  in  the  valley  of  the 
Sacramento,  was  done  upon  the  responsibility  of  Mr.  Fremont 
alone.  From  the  day  it  was  signed,  peace  and  good-wiU  prevailed 
in  the  country.  Travelling  and  living  became  as  secure  as  in  any 
part  of  the  United  States.'  Mr.  Fremont  could  have  gone  back 
alone,  without  arras  or  guards,  upon  the  line  of  bis  march  from 
Los  Angeles  to  Monterey,  without  interruption  from  the  people, 
except  in  the  manifestations  of  their  gratitude  and  all'ection.  He 
did  go  back  upon  it  in  that  extraordinary  ride  with  Don  Jesus 
Pico',  and  was  greeted  every  where  by  the  liospitalitics  of  the  ))co- 
ple.  He  afterwards  lived  two  months  as  Governor  in  the  capital 
of  the  Californias,  like  any  Governor  would  live  in  the  capital  ol 
one  of  our  States,  without  guards  or  sentries,  or  any  semblance  of 
military  protection,  the  battalion  being  sent  olV  ten  miles  to  keep 
it  out  of  the  town. 

And  thus  the  same  men  who  besan  the  war  finished  it.  The 
California  battalion,  formed   out   of  the    California  settlers  on  the 


.Sacramento  and  the  men  of  the  topographical  party,  (reinforced 
afterwards  by  later  emigrants  from  the  United  States,)  finished 
on  the  plains  of  Couenga  the  movement  which  had  commenced 
at  Sonoma,  and  in  the  same  spirit  of  justice,  moderation,  and  pa- 
triotism. In  conjunction  with  the  sailors  and  marines  they  had 
twice  conquered  California  before  the  United  States  troops  arrived 
in  the  country.  They  did  it  without  aid  from  the  Unitccl  States — 
without  quartermasters,  commissaries,  and  paymasters  to  carry, 
feed,  and  pay  them.  The  fruits  of  all  their  labors  have  been  re- 
ceived by  the  United  Slates,  and  the  bill  rendered  is  only  seven 
hundred  thousan  i  dollars — a  fraction  only  of  the  amount  paid  to 
those  who  arrived  after  the  work  was  done.  It  should  have  been 
provided  for  in  one  of  the  public  bills.  It  is  an  appropriation,  and 
of  a  public  nature,  and  ot  the  most  sacred  nature.  It  should  at 
least  have  had  a  place  in  that  "deficiency"  bill  of  fourleen  millions 
which  lately  passed  Congress  ;  for  what  can  be  more  deficient 
than  non-pavment,  for  almost  two  years,  for  such  extraordinary 
services  ?  Even  if  this  bill  is  passed  at  once,  and  with  the  least 
possible  delay  from  legislative  forms,  it  will  still  be  almost  half  a 
year  before  the  claimants  can  begin  to  touch  their  pay. 

The  bill  is  carefully  drawn,  both  with  a  view  to  public  and  to 
private  justice.  It  is  intended  to  settle  up  and  pay  up  at  once  all 
just  claims,  and  to  close  the  door  for  ever  upon  all  false  ones.  A 
commission  acquainted  with  the  subject,  familiar  with  every  trans- 
action, is  to  go  to  California,  visit  every  district  in  which  claims 
originated,  call  all  before  them,  allow  the  good,  reject  the  bad, 
and  bar  all  that  arc  not  presented  to  them.  In  this  way,  and  in 
this  alone,  can  justice  be  done  to  all  parties,  just  claimants  saved 
from  the  depredations  of  agents  and  speculators,  the  United  Stales 
saved  from  paying  false  accounts,  and  California  prevented  from 
becoming  a  mine  for  the  production  of  false  claims  for  half  a  cen- 
tury to  come.  The  great  and  main  facts,  that  services  have  been 
rendered,  that  the  Uiuted  States  have  received  the  benefit  of  these 
services,  and  that  they  have  not  been  paid  for,  are  established  by 
the  depositions  ;  the  mode  of  settlement,  and  the  detail  of  pay- 
ment is  directed  by  the  bill. 

Mr.  DAYTON  then  took  the  floor,  with  a  view  of  addressing 
the  Senate  to-morrow,  and  the  bill  was,  by  unanimous  consent, 
passed  over  informally. 

EXECUTIVE     SESSION. 

On  motion  by  Mr.  HANNEGAN,  the  Senate  proceeded  to  the 
consideration  of  Executive  business,  and  after  some  time  spent 
therein,  the  doors  were  opened,  and 

The  Senate  adjourned. 


472 


PETITIONS— RESOLUTIONS,  ETC. 


[Tuesday, 


TUESDAY,  APRIL  11,  1848. 


COMMUNICATION    FROM   THE    TREASURY    DEPARTMENT. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  eoninmni- 
c.alion  rrom  the  Seerotaiy  of  the  Treasiirv,  accoinpanieil  by  a  re- 
port of  the  Commissioner  of  the  General  Land  Olfiec,  in  answer 
to  a  resolution  of  the  Senate  of  llie  22d  January,  1847,  respcotins 
the  quantity  of  pulilic  lands  sold,  after  having  been  ^subjeet  to  pri- 
vate cntryj  at  diflcrent  periods 

Ordered,  That  it  be  referred  to  the  Committee  on  Public  Lands. 

RESOLUTION    OF    THE    LEGISLATURE    OF    NEW    YORK. 

Mr.  DICKINSON  presented  a  resolution  of  the  Lcirlslature  of 
the  Stale  of  New  York,  in  IVor  of  the  enaefment  of  a  law  allow- 
in"  fnll  pay  to  the  widows  of  officers  and  soldiers  killed  in  battle, 
or^who  die  of  wounds  received  in  the  service  ;  which  was  orderetl 
to  lie  upon  the  table,  and  bo  i>rintod. 

PETITIONS. 

Mr.  BRADBURY  presented  a  petition  of  citizens  of  Corinna, 
Maine,  prayins  that  an  inquiry  may  be  instituted  by  Congress, 
whether  the  slave-trade  is  carried  on  in  tijp  District  of  Columbia, 
and  under  what  authority  ;  the  motion  to  receive  which,  was  laid 
upon  the  table. 

Mr.  JOHNSON,  of  Maryland,  presented  the  memorial  of  John 
S.  Skinner,  of  the  City  of  New  York,  praying,  in  behalf  of  the 
a"rieultnrists  of  the  country,  an  appropriation  of  money,  to  be 
applied  under  the  direction  of  the  State  governments,  or  as  Con. 
"rcss  may  otherwise  direct,  to  the  establishment  of  institutions  for 
Tnstruction  in  geology,  mineralogy,  and  vegetable  and  animal 
physioloTy,  in  cTvil  engineering  as  applied  to  road  making,  bridge 
buildin"-rand  other  rural  architecture,  and  to  instruction  m  th« 
mechanical  principles  on  which  depend  the  labor-saving  properties 
and  efficiency  of  agricultural  implements  and  machinery  ! 

In  presenting  this  memorial,  Mr.  JOHNSON  said:  In  presenting 
this  paper,  Mr.  President,  I  cannot  but  express  my  gratification  that 
it  has  been  committed  to  my  charge.  The  memorialist  himself  is  not 
only  known,  but  justly  distinguished  for  the  zeal,  ability,  and  effi- 
ciency with  which,  for  a  period  of  near  thirty  years,  he  has  pursued 
and  promoted  the  great  cause  of  agricultural  science.  It  may,  I 
think,  with  truth  bo  said,  that  its  present  improved  condition 
amon'est  us  is  more  or  less  to  be  attributed  to  his  long  and  eon- 
tiiiueJefibrts.  He  has  not  only  been  its  first  pioneer,  but  he  has 
been  throughout,  and  still  is  in  the  advance,  earnestly  striving  to 
remove  alUemaining  obstructions,  and  to  bring  it  to  a  state  of 
ultimate  perfection.'  Such  is  his  object  in  the  present  memorial  ; 
and  if  he  succeeds,  as,  looking  to  the  real  honor  and  interest  of  the 
nation,  I  trust  be  will,  what  incalculable  benefit  will  he  have  con- 
ferred upon  the  country  ?  Military  glory  may  cause  the  nation's 
heart  to  beat  high  with  gratitude,  but  it  more  often  dazzles  to 
delude  than  ends  in  permanent  strength  and  renown.  It  is  the 
achievements  of  civil  life  which  impart  to  human  power  its  highest 
value  ;  and,  of  all  the  departments  of  civil  employment,  the  most 
worthy,  the  most  to  bo  cherished,  and  especially  under  a  govern- 
ment like  ours,  is  agriculture.  To  say  nothing  of  the  incalculalilc 
value  of  its  productions,  capable  as  they  arc  too  of  continued  in. 
crease  by  the  proper  intellectual  improvement  of  its  followers, 
what  strength  is  not  given  to  free  institutions  by  the  uniform  and 
almost  necessary  virtue  of  such  a  population. 

And  yet,  sir,  whilst  millions  have  been  and  are  still  being  ex- 
pended by  us  for  the  arts  which  teach  the  destruction  of  life,  how 
niuch  has  been  given  to  this  noblest  of  all  sciences,  which  instructs 
only  to  promote,  to  prolong,  and  to  render  life  happy  and  virtuous? 
Nothing,  literally  nothing.'  Sir,  the  memorialist  states,  and  I  have 
such  eonlidcnce  in  his  accuracy  that  I  am  sure  the  statement  may 
be  relied  upon,  that  of  the  amount  of  the  disbursements  of  the  go- 
vernment eighty  per  cent,  is  for  military  and  naval  expenses;  tnat 
is  to  say,  eighty  dollars  of  every  one  hundred  dollars  paid  by  the 
jK'oplc  into  the  treasury  is  appropriated  to  the  keeping  up  our  inil- 
itary  establishments  and  preparations  for  war;  whilst  for  agricul- 
ture, which  cxislsXmly  for  peace  and  through  peace,  which  brings 
no  wo,  but  only  iinuK'usu  good,  not  one  dollar  is  given.  He  re- 
minds us  also,  and  it  is  a  had  eminently  worthy  of  the  public  at- 
tention, that  during  the  whole  period  ol  Washington's  administra- 
tion our  military  expenses  were  only  $11,0(10,000,  whilst  for  a  sim- 
ilar  period  of  eight  years,  terminating  in  l'<43,  they  were  $lt)4.- 
000,000.  It  is,  sir,  a  striking  and  a  Icarfiil  lesson.  It  teaches  us 
tli-'it,  popular  as  war  is,  othc  instilntions  have  in  tb^tt  respect  a 
naliual  tendency  in  the  same  direction,  and  that  the  result  in  the 
end  may  be  the  same — the  o-,ipressioii  of  heavy  and  crushing 
taxation. 

He  "ives  us  another  fact  al.so  worthy  of  notice,  and  especially 
worthy  of  the  notice  of  the  agriculturists  of  the  nation.  It  is  this: 
that  from  178!)  to  1H4:!  the  expenditures  of  the  government,  ex- 
clusive of  payments  on  account  of  the  juiblic  debt,  lor  merely  civil 


objects  were  $246,620,000,  whilst  for  the  same  lime  they  were  for 
military  and  naval  objects  $538,964,278.  And  oven  of  this  trifling 
comparative  amount  appropriated  for  peaceful  purposes  only,  the 
agriculturists  of  the  country  enjoyed  no  exclusive  advantage.  To 
encourage  their  department  of  human  labor,  lo  imjirove  their  con- 
dition, to  increase  their  power,  lo  elevate  thein  in  the  scale  of 
social  existence,  not  a  dollar  of  it  was  applied.  And  yet,  sir, 
what  claims  have  they  not  had  upon  the  countenance  and  protec- 
tion of  the  government? 

To  say  nothing  of  the  fact  which  reason  establishes  and  history 
confirms,  that  it  is  with  them  that  the  true  strength  and  virtue  of 
a  free  people  are  ever  to  be  found,  the  immense  disproportionate 
wealth  that  they  bring  into  the  common  fund  persuasively  demands 
for  them  the  fostering  hand  of  all.  It  is  estimated,  sir,  and  the 
amount  is,  I  inelme  to  think,  below  the  truth,  to  be  $634,387,597 — 
a  sum  three  times  greater  than  the  value  of  the  manufacturing  in- 
dustry  of  the  country,  and  five  times  greater  than  that  of  all  the 
other  sources  of  human  industry  combined. 

I  invoke  the  serious  regard  of  the  agriculturists  to  these  facts. 
They  must  see  in  them  how  commanding  are  their  claims  upon 
the  government,  and  how  shamelessly  they  have  been  disregarded. 
The  cause  is  to  be  found  in  their  want  heretofore  of  union  amongst 
themselves  in  some  movement  upon  the  subject.  There  seems  tt» 
be  now  approaching  a  propitious  time  for  some  joint  and  eflfectual 
ctTort.  Peace,  I  trust,  will  soon  be  seen  to  hush  the  noise  of  war 
within  our  own  borders.  The  mighty  popular  convulsions  now 
heaving  with  terrific  power  in  the  old  world  promise  to  subside  in 
the  annihilation  of  arms  as  an  employment.  The  long-lost  or  lim- 
ited liberty  of  man  appears  to  be  on  the  eve  of  complete  restora- 
tion. Civil  employment,  nothing  but  civil  employment,  should  be 
the  result :  and  happiness,  and  wealth,  and  power,  and  true  glory 
will  be  promoted  in  proportion  as  governments  devote  their  means 
lo  the  proper  encouragement  of  civil  life.  This,  sir,  is  not  the 
occasion  to  meet  in  advance  any  constitutional  impediment  which 
may  be  suggested  to  the  particular  encouragement  solicited  by  this 
memorial.  I  content  myself,  therefore,  with  saying  that  a  ciircful 
examination  of  the  question,  founded  upon  the  letter  and  spirit  of 
the  constitution,  and  the  opinions  of  its  fathers,  leave  my  mind  in 
no  doubt,  in  none  whatever. 

If  commerce  can  bo  protected  and  encouraged,  and  it  has  been 
from  the  beginning  of  the  government  to  the  present  day  ;  if  man- 
ufactures can  be  protected  and  encouraged,  and  they  hr.ve  also 
been  from  first  to  last  ;  if  the  profession  of  arms  even  can  be  pro- 
tected and  encouraged,  and  when  has  it  not  been,  then  why  may 
not  agriculture  and  her  followers  be  protected  and  encouraged? 

Without  adding  a  word  more,  I  submit  the  memorial,  and,  as  I 
believe  there  is  no  committee  lo  whom  its  reference  w-ould  be  pe- 
culiarly appropriate,  I  move  ihal  it  be  referred  to  a  special  com- 
mittee, and  be  printed. 

Mr.  BERRIEN  observed  that  there  was  a  Committee  on  Agri- 
culture, to  which  it  appropriately  belonged. 

Mr.  JOHNSON  then  moved  that  it  be  referred  to  that  coitmiit- 
tee. 

The  molion  was  agreed  to,  and  the  memorial  was  ordered  to 
be  printed. 

Mr.  HALE  presented  a  petition  of  citizens  of  Meridon,  Con. 
necticut,  praying  that  Congress  mav  inquire  to  what  extent,  and 
by  what  authority,  slavery  exists  in  the  District  of  Columbia  ;  the 
motion  to  receive  which  was  laid  upon  the  table. 

Also,  two  petitions  of  citizens  of  Pennsylvania,  praying  such 
amendment  to  the  constitution  or  laws,  as  shall  appro|iriatc  the 
public  lands  in  the  extinction  of  slavery  throughout  the  Union;  the 
motions  to  receive  which  were  laid  upon  the  table. 

Also,  two  petitions  from  citizens  of  Maine  praying  that  an  in- 
quiry may  be  instituted  by  Congress  whether  the  slave  trade  is 
carried  on  in  the  District  of  Columbia,  and  under  what  legal  au 
thority  ;  the  motions  to  receive  which  were  laid  upon  the  tabic. 

MAPS    OF     THE    BATTLES    IN    MEXICO. 

Mr.  DAVIS,  of  Mississippi,  from  the  Committee  on  the  Library, 
reported  the  following  resolution,  which  was  considered  by  unani. 
mous  consent  and  agreed  to  : 

Hcsofrcil,  Tliat  tlie  Sorrcniry  of  the  Seuale  lie  iiistriicU-il  to  |nircli;ise  Tor  the  u>e  ol 
llie  Senate  uvo  tliousnml  copies  of  eaeh  of  llie  three  maps  of  Ihe  hauler  iii  the  vallev 
of  Mexieo,  at  Cerro  Cordo,  and  of  the  opeTations  at  Vera  Cru/..  piihlished  from  Ihe 
originals,  drawn  from  aelnal  snrvey  hy  Capt.  .MeCIellan  and  olher  oflieers  of  the 
Unile<l  States  Topof-raphieal  Ensineers  ;  two  lini'dred  copies  of  each  10  been  plale 
drawins  paper,  the  remainder  on  fjood  thin  map  paper. 

ADVERSE    REPORTS. 

Mr.  M.VSON,  from  the  Commitlcc  of  Claims,  to  whom  was 
referred  the  pclilion  of  James  Edwards,  submitted  an  adverse  re- 
port, which  was  ordered  to  be  printed. 


April  11.] 


SLAVERY  IN  ACQUIRED  TERl:  [TORY. 


473 


Mr.  MASON,  from  the  same  committee,  to  whom  was  referred 
the  bil'  from  the  House  of  Representatives  for  the  relief  of  Wm. 
Ralston,  reported  it  without  amendment,  and  submitted  an  adverse 
report  on  the  subject,  which  was  ordered  to  be  prmted. 

PBIVATE    BILLS,    ETC.  , 

Mr.  HANNEGAN,  from  the  Committee  on  Foreign  Relations, 
to  whom  was  referred  the  bill  from  the  House  of  Representatives 
for  the  relief  of  William  M.  Blackford,  reported  it  without  amend- 
ment. 

Mr.  HANNEGAN,  from  the  same  committee,  to  whom  was 
referred  the  memorial  of  Mrs.  Ann  Chase,  submitted  a  report,  ac- 
companied by  a  joint  resolution  for  her  relief. 

The  joint  resolution  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

NEW    YORK    jrUVENILE    REFORMATION    SOCIETY. 

Mr.  DIX.  from  the  Committee  on  Military  Affairs,  to  whom 
was  referred  the  memorial  of  the  Society  for  the  reformation  of 
juvenile  delinquents  in  the  city  of  New  York,  reported  a  bill  for 
its  relief;  which  was  read  and  passed  to  the  second  reading. 

PRIVATE    HOUSE    BILLS. 

Mr.  DOWNS,  from  the  Committee  on  Private  Land  Claims,  to 
whom  were  referred  the  bills  from  the  House  of  Representatives 
for  the  relief  of  Edna  Hickman,  wile  of  Alexander  D.  Peck;  and 
for  the  relief  of  Sarali  D.  Caldwell,  wife  of  James  H.  Brigham, 
reported  them  without  amendment. 

HILLSBOROUGH  COUNTY,  FLORIDA. 

Mr.  UNDERWOOD,  from  the  Committee  on  Public  Lands,  to 
whom  was  referred  the  memorial  of  the  County  Commissioners  of 
Hillsborough  county,  Florida,  reported  a  bill  to  confirm  the  loca- 
tion and  to  grant  a  quarter-section  of  public  land  for  the  county 
site  of  Hillsborough  county,  in  the  State  of  Florida. 

SCHOONER  TRICONIE. 

Mr.  BRADBURY,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  petition  of  Henry  Williams  and  others,  submitted 
a  repoit  accompanied  by  a  bill  for  the  relief  of  the  owners  of  the 
schooner  Ticonie. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

MAJOR    CALEB    SWAN. 

Mr.  BRADBURY,  from  the  same  committee,  to  whom  was  re. 
ferred  the  memorial  of  the  heirs  of  Major  Caleb  Swan,  reported  a 
resolution  that  the  committee  be  discharged  from  its  further  con- 
sideration. 

PRIVATE    BILL. 

Mr.  BELL,  from  the  Committee  on  Indian  Affairs,  to  whom 
was  referred  the  petition  of  Charles  Findlay,  submitted  a  report 
accompanied  by  a  bill  for  the  relief  of  P.  Choteau,  jr.,  and  com- 
pany. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

GEORGE    FISHER,   DECEASED. 

The  Senate  proceeded  to  consider  the  amendment  of  the  House 
of  Representatives  to  the  bill  of  the  Senate  for  tho  relief  of  the 
legal  representatives  of  George  Fisher,  deceased;  and  it  was 

Resolved,  Thai  tliey  conccr  therein. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives thereof. 

THE    AMISTAD    CASE. 

On  motion  by  Mr.  HANNEGAN,  it  was 

Ordered.  That  so  much  of  the  annual  message  of  the  President 
of  the  United  States  as  relates  to  the  Amistad  case,  be  referred 
to  the  Committee  on  Foreign  Relations. 

COLLECTION  DISTRICT   OF  NEW  ORLEANS. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the  whole, 
the  bill  from  the  House  of  Representatives  relating  to  the  oollec. 
tion  district  of  New  Orleans  and  for  other  purposes;  and  no  amend- 
ment being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 
The  said  bill  was  read  a  third  time. 
Rcsohtd,  That  tliis  bill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

BRANCH  MINT    IN    NEW    YORK. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  to  establish  a  branch  of  the  Mint  of  the  United 
States  in  the  city  of  New  York  ;  and 

30th  Cong.— 1st  Session. — No.  60. 


On  motion  by  Mr.  DICKINSON,  it  was 

Ordered,  That  the  further  consideration  thereof  be  postponed  to, 
and  made  the  order  of  the  day  for,  Monday  the  8th  day  of  May 
next. 

ACQUISITION  OF  TERRITORY  AND  SLAVERY  THEREIN. 

The  Senate  proceeded  to  consider  tho  resolutions  submitted  by 
Mr.  Bagby,  on  the  2.5th  and  27lh  January  last,  in  relation  to  the 
acquisition  of  territory  by  treaty  or  conquest,  and  the  question  of 
slavery  in  any  such  acquired  territory. 

Mr.  BAGBY. — Mr.  President  : — These  resolutions  were  intro- 
duced  on  the  25th  day  of  January,  at  which  time,  there  were  before 
the  Senate,  questions  of  pressing  practical  importance,  connected 
with  the  vigorous  and  efficient  prosecution  of  the  war  with  Mexi- 
co, and  claiming  the  paramount,  if  not  the  exclusive  consideration 
of  the  Senate.  "Phey  were  called  up  repeatedly,  in  the  progress 
of  the  business  of  the  Senate,  and  at  each  time,  they  were  so  call- 
ed, I  stated  distinctly,  what  I  now  repeat,  that,  satisfied  as  I  was 
upon  the  fullest,  maturest,  and  most  deliberate  censideration  of 
the  justice  of  that  war,  on  our  part,  I  would  not,  so  far  as  depend- 
ed on  my  action,  permit  any  other  measure,  no  matter  what  consid- 
erations it  might  involve,  to  interfere  with  the  adoption  promptly, 
and  at  once  of  the  measures  necessary  lor  the  efficient  and  vigor- 
ous prosecution  of  the  war.  I  did  not  believe  then,  nor  do  I  be- 
.  lieve  now,  in  windy,  fustian  speeches.  Action,  and  not  words  and 
noisy  declamation,  is  the  appropriate  bus-iness  of  men  engaged  in 
matters  of  great  concern,  not  only  to  this  country,  but  toother 
countries;  not  only  the  present  generation,  but  to  after  times. 

These  resolutions  embrace  four  distinct  propositions,  upon  the 
correct  solution  of  some,  if  not,  all  of  which,  in  my  judgment,  the 
perpetuity  of  our  our  institutions  depend.  The  first  contains  a  dis- 
tinct, substantive,  and  unqualified  limitation  upon  the  constitutional 
power  of  Congress,  to  abolish  or  to  prohibit  slavery  in  any  State  or 
Territory  of  this  Union.  This  position  is  assumed  upon  the  fullest 
consideration,  and  after  the  most  mature  reflection  as  to  all  the 
consequences  proximate  or  remote;  consequences  either  present 
or  prospective,  so  far  as  the  action  of  Congress  is  concerned.  If 
the  correctness  of  this  position  is  well  sustained  and  deep  laid  in 
the  constitution,  of  which  I  have  not  the  shadow  of  a  doubt,  then, 
the  truth  and  the  correctness  of  it,  ought  to  be  adopted  and  pro- 
claimed. The  people  of  the  country  ought  to  be  informed,  whe- 
ther, in  the  opinion  of  Congress,  their  rights  depend  and  stand 
upon  the  adamantine  principles  and  guaranties  of  the  constitution, 
or,  whether  they  float  in  the  visionary  imaginations  of  moon-struck 
philosiphers,  or  pretended  philanthropists.  I  cannot  be  led  now,JI 
cannot  be  tempted  into  discussion  upon  the  abstract  question  of 
slavery.  Whatever  it  is,  those  who  hold  it  under  the  provisions 
of  the  constitution,  found  it  either  for  jrood  or  for  evil,  either  as  a 
blessing  or  a  curse,  in  the  path-way  of  their  destiny,  and  there  it; 
will  sta"nd  until  the  constitution  is  changed,  or  until  it  is  under- 
mined by  that  insidious  torrent,  which  is  ever  and  anon  lashing 
against  it.  I  have  but  little  fear  of  either.  The  second  resolu- 
tion I  should  not  have  introduced,  but  for  the  daily  insinuations 
here,  that  the  acquisition  of  territory  in  a  lawful  war,  was,  in  the 
expressive  and  refined  language  of  the  day,  land  stealing.  When- 
ever the  truth  and  correctness  of  the  proposition  contained  in  the 
second  resolution  is  seriously  controverted,  I  stand  prepared  to 
sustain  it  fully,  and  to  the  whole  extent  by  law,  precedent,  prac- 
tice and  principle,  as  recognized  by  every  civilized  nation  from  the 
earliest  periods  of  authentic  history,  down  to  the  present  time.  I 
will  not  anticipate  objections  which  I  do  not  think  will  be  seriously 
urtred,  and  which  I  know  cannot  be  sustained,  either  by  reason  or 
auThority.  The  third  resolution  contains  a  clear  and  express  lim- 
itation upon  the  powers  of  two  branches  of  the  government  of  tho 
United  States;  to  wit,  tho  treaty -making  power  and  Congress; 
and  declares  that  neither  of  these  branches  in  territory  to  be  ac- 
quired by  the  United  States,  shall  have  power  to  exclude  slavery  as 
property,  from  such  territory— but  that  such  territory  shall  be 
equally  free  and  open  to  tho  citizens  of  each  and  all  the  citizens  of 
the  United  States,  without  any  limitation,  prohibition,  or  restric- 
tion, in  regard  to  slaves  or  any  other  description  of  property  what- 
ever. The  first  branch  of  this  proposition  restrains  the  general 
jTovernment  from  the  exercise  of  any  interference  with  the  rights 
of  property  in  the  possession  under  the  constitution,  ol'any  portion 
of  the  people  of  the  United  States  :  and  the  second  branch  contains 
but  a  re-assertion  and  re-affirmance  of  that  great  fundamental  prin- 
ciple that  lies  at  the  bottom  of  our  institutions,  that  whatever  is 
acquired  by  common  blood  or  by  common  treasure,  or  by  both, 
shall  be  the  common  property  of  all  ,the  people  of  the  United 
States,  and  equally  free  to  the  use,  occupation,  and  enjoyment  of 
all.  This  proposition  rests  upon  the  constitution  ;  it  is  sustained 
by  every  consideration  of  equity,  truth  and  justice,  and  fortified 
by  the  eternal  principles  of  reason  and  of  right.  And,  as  I  had 
occasion  to  say  on  a  former  occasion,  I  do  not  believe  there  is  a 
man  in  America  with  a  mind  unswaj-ed  by  local  considerations,  or 
unbiassed  and  uninfluenced  by  sectional  considerations,  who  be- 
lieves that  property  acquired  by  common  blood  and  common  trea- 
sure, should  not  enure  to  the  equal  benefit  of  all  the  people  of  all 
the  States  of  this  great  and  crowing  nation.  What  is  the  con- 
stitution of  the  United  States  ?  "There  is  no  difference  of  opinion 
upon  this  point.  It  is  universally  admitted,  by  American  states- 
men, to  be  a  compact  between  sovereign  States.  In  political  power 
the  parties  to  it  are  perfect  equals.  There  is  no  difference  in  this 
respect  between  Delaware  and  New  York,  or   Rhode   Island  and 


474 


SLAVERY  IN  ACQUIRED  TERRITORY. 


[Tuesday, 


Pennsylvania.  If,  then,  the  constitution  be  a  compact  between 
parties,  whnso  riphts  and  powers  under  it  are  precisely  the  same, 
let  lis  cnrjuire  in'o  the  causes  and  considerations  that  induced  the 
parlies  to  enter  into  that  compact.  It  was  in  the  lanpnajie  of  the 
preamble  to  the  constitution  ''to  form  a  more  porfecl  union,  estab- 
lish justice,  insure  domestic  triinqiiilily.  provide  for  the  common 
defence,  promote  the  general  welfare,  and  secure  the  hlessings  of 
liberty  to  themselves  and  our  posterity.  These  were  the  ob 
jecis  for  which  the  States  voluntarily  disrohed  themselves  of 
a  portion  of  their  sovereifrnty  and  offered  it  up  a  willinpr  sacri- 
fice upon  the  a'tar  of  a  common  countrv.  They  were  ob- 
jects, the  permanent  sei'urity  of  which  constituted  a  fair  and 
adequate  equivalent  for  tlie  solemn  surrender  of  a  portion  of  that 
sovereignty,  to  obtain  and  eslnblish  whicii.  the  aspirations  of  tlie 
purest  patriots  had  been  elevati-d.  and  the  best  blood  of  the  revo- 
lution was  spilt — to  obtain  wluch,  the  c'oquence  of  Henry  had 
thundereil,  and  Warren  had  died.  The  great  question  for  the  con. 
siderati'Mi  of  the  Senate  is,  how  these  objects  can  be  best  promo- 
ted, secured,  perpetuated?  To  my  mind,  this  is  a  question  of  easy 
solution.  It  is  by  carrving  out  the  prtivisions  of  the  constilulion 
according  to  their  obvious  meaning  and  import,  keeping  in  view 
the  rule  equally  applicable  in  the  proper  cms'ruction  of  all  instru- 
ments, the  micntion  of  the  panics,  and  the  objects  they  intended 
to  secure  and  provide  for  at  the  time  they  entered  into  it  ;  guard- 
ing with  equal  vigilance  and  caution  OL^ainst  im]ilication  anil  un- 
authorized construction  on  the  one  hand,  and  officious  interpola- 
tion on  the  other.  In  a  word,  by  ial<ing  the  constitution  as  it  is 
and  as  its  immortal  framers  intended  it  to  be.  I  do  not  propose^ 
Mr.  President,  to  enquire  into  the  power  of  the  government  to  ac- 
quire territory.  I  hold  that  to  be  a  point  settled,  beyond  the  pow. 
er  of  confrovcrsv  to  disturb  it.  It  is  a  power  necessarily,  prop- 
erlv,  and  inseparahlv  incitlent  to  the  war  power,  and  the  treaty 
making  power.  I  shall  ciuuent  myself,  for  the  present,  with  en- 
quiring what  are  tlie  rights  of  each  ami  ali  the  citizens  of  all  the 
States  of  the  Union  in  regard  lo  the  territory  acquired,  either  by 
by  treaty  or  by  conquest.  And  I  assert  and  maintain,  in  the 
lan2ua£ie  of  tlie   third    r'Solution.    that    such    territory    when    ac- 

?|uired  bv  the  United  States  is,  and  of  right  ought  to  be,  equally 
ree  and  open  to  all  the  citizens  of  all  the  United  States,  without 
any  limitation,  prohibition  or  restriction  in  regard  lo  slaves,  or 
any  other  description  of  property  whatever  ;  and  would  it,  permit 
me  to  ask,  lend  to  establish  justice,  or,  to  promole  its  great  ends, 
to  declare  that  when  teriitory  had  been  acquired  by  the  joint 
effforts,  and  joint  contributions  of  the  people  of  the  slavchnlding 
and  the  non-slavinsi  States,  that  the  latter  should  use.  possess, 
and  enjoy  it  ad  libilum.  and  that  the  latter  sliouhl  be  excluded 
from  it,  unless  they  divested  themselves  of  their  propertv.  and  the 
means  of  subsistence  before  they  set  their  feel  upon  it.  The  prop- 
osition is  at  once  absurd  and  ridiculous,  to  state,  it,  is,  at  once, 
to  answer  and  refute  it.  For  the  sake  of  illustration,  assimilate 
the  compact  entered  into  by  the  States  at  tlie  adoption  of  the  con- 
stitution to  the  case  of  an  ordinary  copartnership  into  which  two 
or  more  persons  liad  entered  for  the  purpose  of  promoting,  by 
lawful  means,  their  juutual  interests.  Suppose  in  the  course  of 
their  mutual  exertions,  sacrifices,  and  labors,  they  acquire  land  by 
purchase,  or  in  payment  of  a  debt  due  to  the  copartners,  con- 
tracted in  the  course  of  the  partnership  transactions.  Is  there  a 
man  so  dead  to  all  the  feelings  and  suggeslions  of  reason,  and 
above  all,  to  the  eternal  principles  of  justice,  equity,  and  morality, 
as  to  contend  that,  one  or  more  of  said  ]>artners  would  be  at 
liberfy,  and  have  a  right  to  the  full  and  interrupted  enjoyment  of 
the  land  thus  acquired,  and  that  the  other  partner  or  partners 
'  should  be  excluded  from  it,  contrary  to,  and  in  violation  of.  the 
original  articles  of  copartnership  or  compact  between  them?  And 
yet,  this  IS  the  precise  monstrosity  in  law,  equity,  justice,  morali- 
ty, reason,  and  common  sense,  into  which  those  have  fallen  who 
contend  for  the  power  in  the  general  government  to  exclude  slaves 
as  property,  from  territory  acquired  by  the  United  States.  I 
know  a  distinction  has  been  attempted  to  be  drawn,  of  late,  be- 
tween territory  where  slavery  exists,  at  the  time  of  acquisition, 
and  that  where  it  does  not.  But  they  cannot  dispose  of  any  ter- 
ritory or  any  other  property  belonging  to  the  United  States  with 
a  view  to  promote  the  interests  of  any  portion  of  the  people  of  the 
United  States,  and  thereby  to  prejudice  or  exclude  the  rights  of 
other  citizens  of  the  United  States.  The  foundation  of  our  system, 
and  of  every  system  of  free  government  i.s,  equality  of  rights. 
This  distinction,  whether  true  or  false,  real  or  imaginary,  has 
nothing  to  do  with  the  question.  The  true  question  is,  not  what 
arc  the  institutions  existing  in  the  territory  at  the  time  of  its  ac- 
quisition, hut  what  powers  the  government  of  the  United  States 
can  exercise  in  regard  to  it  after  it  is  acquired.  The  title  to  the 
territory  vests  in  the  United  States,  and  they  can  dispose  of  it  in 
the  same  manner,  and  under  the  same  rules  and  regulations,  that 
tliey  cRn  dispose  of  other  propertv  belonging  to  the  United  States. 
.The  only  lesitimale  object  (or  which  territory  can  bo  acquired  is 
the  formation  of  new'  States.  We  cannot,  according  to  the  provi- 
sions of  the  constitution,  or  the  nature  and  nenius  of  our  institu- 
tions, hold  it  as  provinces.  The  colonial  system  was  never  in  the 
contemplation  of  the  framers  of  the  constitution,  and  is  not  only 
not  contained  in  any  of  its  provisions,  but  is  at  war  with  all  its  fun- 
damental principles.  Such  a  system  would  lend,  with  inevitable 
certainty,  to  a  vast  and  dangcous  increase  of  executive  power, 
and  might  in  the  end,  overshadow  the  rights  and  independence  of 
the  States,  and  subvert  the  government,  and  establish  a  despotism 
in  its  staad.  Colonial  organization  would  live,  and  move,  and  have 
its  being  in  executive  power  and  patronage,  and  would  end  in  the 


destruction  of  lihcrty.  I  am  not  Ignorant  that  a  doctrine  diflferent 
from  the  one  for  wnieh  I  am  contcndins  has  been  asserted  in  an 
imposing  torm,  and  in  some  sections  of  the  Union  to  a  considerable 
exicnt.  Great  and  inicliigent  communities,  speaking,  solemnly 
through  their  assembled  representatives  have  asserted  the  power 
lo  be  in  Congress,  and  called  !or  its  exercise,  to  exclude,  by  a 
fundanienial  law,  slaves  as  property  from  all  territory  to  be  here- 
af  cr  aiquired.  I  shall  not  attempt  to  investigate  or  to  answer 
the  arguments  by  which  they  arrive  at  this  conclusion.  I  have  no 
doubt  they  are  sincere  in  the  entertainment  of  these  views.  Some- 
body has  said-  that  when  a  man  is  determined  to  believe,  the  very 
absurdity  of  the  doctrine  confirms  him  in  the  faith.  1  lea\e 
them  to  their  reflections,  and  appeal  to  the  law  and  the 
testimony.  I  consult  the  constitution,  and  fearlessly  assert 
that  such  a  doctrine  has  no  support,  either  in  the  provi- 
sions or  spirit  of  that  instrument,  or  in  the  more  enduring  and  eter- 
nal principles  of  equality  and  justice.  I  warn  the  advocates  of 
this  dociiine.  in  advance,  that  they  are  contending  lor  principles 
destructive  of  the  eonstilutioji — dcslructive  of  the  rights  of  the 
southern  states — destructive  of  equality  among  the  citizens  of  the 
United  States,  and  that  this  Union  would  not  surv.ve  the  estab- 
lishment of  such  a  doctrine  an  hour. 

I  have  listened  with  apprehension  not  unmixed  with  indignation, 
at  the  coolness  and  complacency  with  which  gentlemen  from  the 
free  States  speak  of  the  insliiiiiion  of  slavery,  as  it  exists  under 
the  *!uarantees  of  the  constitution,  in  some  of  the  Slates  of  this 
Union.  After  felicitating  themselves,  with  more  than  Pharisaical 
righteousrtess,  that  they  •■  are  not  as  other  men,"  they,  in  a 
spirit  of  amazing  condescension  and  kindness,  charitably  assure  us 
they  will  not  interfere  with  slavery,  as  it  now  exists.  Was  there 
ever  more  surpassing  impudence  ?  I  scorn  to  accept  the  charita- 
ble donation.  I  reject  tlie  jiroffered  boon.  Sir,  the  people  of  the 
slave-holding  States  do  not  hold  their  rights  by  a  tenure  so  frail 
and  uncertain  as  the  will,  or  the  forbearance,  or  the  concessions, 
or  the  gratuity  of  a  majority  in  Congress.  They  derive  them 
from  a  higher  and  purer  source  They  derive  them  from  the  con- 
stitution; and  highly  as  they  venerate  that  insiri;ment,  when  it 
ceases  to  ensure  lo  them  ihe  free  and  full  enjoyment  of  these  riiihts, 
they  will  no  longer  consider  it  wortli  preserving.  Thest ,  sir,  are 
some  of  my  views  in  regard  lo  the  piiiu-iples  involved  in  tlie  three 
first  resolutions.  Belore  I  took  my  seat  in  the  Senate  at  the  pre- 
sent session,  the  honorable  Senator  from  New  York.  [Mr.  Dick- 
inson,] had  introduced  a  series  of  resolutions,  embracing  to  some, 
perhaps  to  the  whole  extent,  the  principles  involved  in  those  which, 
at  a  later  day,  I  had  the  honor  of  submitting  to  the  Senate  Anx- 
ious as  far  as  a  sense  of  propriety  and  the  paramount  oblicrations 
of  duty  would  enable  me  lo  do  so,  to  avoid  the  introduction  of 
topics  which  mii'ht  subject  me  to  the  imputation  ol  being  influ- 
enced by  sectional  views,  and  local  considerations,  I  examined  the 
resolutions  brought  lorward  by  that  honorable  Senator  with  great 
care,  and  with  a  sincere  desire,  if  I  could,  according  to  the  die 
tales  ol'  my  best  judgment,  upon  the  principles  of  the  consiiiiition 
and  the  rights  of  the  people,  to  agree  with  him.  After  the  most 
ihorouch  examination  of  his  resolutions,  and  with  enlire  nspeet 
for  him,  I  have  found  myself  utterly  unable  to  do  so.  I  therefore 
brought  forward  the  fourth  resolution,  whir-h  is  exactly  pntagonis- 
tical  to  the  resolution  of  the  Senator  from  New  York.  His  reso- 
lution is  in  these  words: 

Pewh-trf,  Thitin  orrraniring  a  trrritoriaj  povemmrnt  for  territory  belonping  10  tha 
Uii  te;t  Slates,  the  prinirijiles  orsell-j.'»ivernir)enr,  ii]  pn  whictt  car  Ir Veialive  sVFtem 
res's,  will  be  1  est  promoteil,  tiietnie  Bpirit  anil  nieaaingof  tlieconst  tiition  beol  served, 
ami  tie  conrideracy  strengthened,  by  iea\ ID?  all  questions  coDceniing  tiie  domestic 
jiolicy  therein  to  legislatures  chosen  by  the  )»eopIe  thereof. 

Now,  although  this  resolution  does  not  assert  the  power  of  the 
government  in  positive  teriris,  it  is  evidently  intended  to  convey 
the  idea  that  the  territorial  legislature  chosen  by  the  people,  are, 
and  of  right  ought  to  be,  the  exclusive  judges  of  all  questions  of 
policy  arising  in  the  territory.  The  correctness  of  this  position  I 
deny  to  the  wiiole  extent.  The  people  of  a  territory  belonging  to 
the  United  Slates  possess  no  other  rights  than  those  which  belong 
to  all  unorganized  communities,  or  bodies  of  men,  which  flow  from 
the  laws  of  nature,  except  those  which  they  derive  froin  the 
United  States;  and  unless  it  can  be  shown  that  the  constiution 
authorizes  Congress  to  impose  liinitations  and  restrictions  upon 
them  in  regard  to  slavery,  they  cannot  derive  that  power  from  Con- 
gress. But  I  do  not  consider  it  necessary  to  discuss  this  question, 
or,  the  still  graver  one,  whether  Congress  has  power  to  establish 
territorial  governments  at  all.  Although  I  ailmit  if  this  was  a 
.  new  question,  presented  for  th'^  first  time,  I  should  be  at  a  loss 
from  what  particular  clause,  or  provision,  or  principle  of  the  con- 
stitution to  deduce  it.  And,  in  rellecting  upon  this  subject  when 
these  resolutions  were  brought  forward,  1  stated  to  an  honorable 
friend  near  me,  whose  friendly  intercourse  and  confidence  it  is  my 
good  fortune  to  enjoy,  my  own  doubts  or  conviciions  upon  this  sub- 
ject, but  said  I  would  not  disturb  that  question  when  there  were 
.so  many  topics  of  agitation  and  disagreement  among  the  people  of 
the  United  Slates,  who  ought  to  bo  bound  together  by  the  indis- 
soluble ties  of  fraternal  feeling  and  good  fellowship;  but  would 
leave  it  to  the  unifmm,  unbroken  practice  of  the  government  for 
fifty  years.  There  I  am  willing  to  leave  it.  titare  decisis.  But 
to  return  to  the  people  of  the  territory.  They  are  of  two  descrip- 
tions. Those  who  inhabit,  or  arc  upon  the  territory  at  ihe  time  it 
is  acquired,  and  those  who  migrate  or  remove  to  it  afterwanls. 
The  rights  of  the  former  are  defined  by  treaty  slipulaiion.  The 
latter  carry  with  them  rights  of  citizens  of  the  United  States,  so 
far  as  the  possession  and  enjoyment  of  property  is  concerned,  and 


April  11.] 


CALIFORNIA  CLAIMS. 


475 


Eiich  poliiical  privileges  and  immunities  as  Conirress  may  confer 
upon  lliem,  by  the  act  authorizing  chem  to  form  a  temporary  gov- 
ernment, confining  tliat  act,  of  course,  within  the  limits  of  the  eon- 
stimiion.  But  the  idea  that  the  people  residing  upon  territory  ac- 
quired hy  the  United  States,  either  by  treaty  or  conquest,  are  to 
bo  entitled  10  the  enjoyment  of  any  right,  privilege,  or  immunity 
to  which  the  eitizens  of  the  United  States,  or  any  of  them,  who 
may  remove  to  sucli  territory  after  it  becomes  attached  to  the 
United  Stales,  are  not  entitled,  is  not  only  repugnant  to  every 
principle  and  foelins  of  American  liberty  and  equality,  but  is  in  the 
very  teeth  and  ja%vs  of  the  constitution.  I  can  readily  imagine, 
Mr.  President,  why  this  now-born  zeal  in  favor  of  the  rights  of  the 
people  of  a  territory  to  exclude  slaves  as  property,  is  exhibited 
with  so  much  fierceness  and  pertinacity  at  thi^  particular  juncture 
in  our  history.  Every  body  knows  that  territory  is  about  to  be 
acquired  from  Mexico,  where,  it  is  said,  slavery  does  not  exist. 
But  is  that  territory  to  be  sroverned  by  Mexican  law  after  it  be- 
comes the  property  of  the  Uniteil  States,  and  pisses  under  the  ju- 
risdiction of  our  laws?  No  one  in  his  senses  can  contend  fur  this. 
When  it  becomes  American  territory,  it  will  bo  governed  by  Amer- 
ican laws,  and  American  citizens  must  be  entitled  to  the  enjoyment 
of  equal  r'ghts  upon  it,  else  liberty  and  equality  under  our  system 
are  but  phantoms  ;  and  the  guaranties  of  the  constitution  vain, 
deceptive,  illusions.  I  shall  nit  stop  to  inquire  whether  slavery 
is  a  idf'ssing  or  a  curse.  It  is  nominated  in  the  bond.  Tin?  e  ni- 
stilution  cuaranties  it  to  those  who  think  prop  "r  to  hold  it;  and 
while  the  constitution  exists,  they  cannot  be  deprived  of  it,  without 
doing  violence  to  that  instrum::nt.  If  the  constitution  be  defective 
in  this  respect,  or  any  other,  let  it  be  amended  in  the  manner  pro- 
vided for  by  its  illustrious  framers.  But  to  violate  is  not  to  amend 
—to  destroy  is  not  re  orm. 

I  will  not  tresp  iss  further  upon  the  indulgence  of  the  Senate  at 
present.  I  consider  these  resolutions  as  involving  considerauons 
of  V  ist  importance.  I  have  thouglit  it  proper  to  call  the  atten- 
tion of  the  Senate  to  them,  and  oil  I  ask  is,  that  they  be  post- 
poned until  Mnnday  week,  and  made  the  special  order  of  the  day. 
Then,  if  no  other  Senator  desires  to  di.scuss  them,  I  shall  respect- 
fully atk  for  a  deiherate  vote  of  the  Senate  upon  them. 

On  motion  by  Mr.  BAGBY,  it  was 

Ordered,  That  the  further  consideration  thereof  be  postponed  to, 
and  made  the  order  of  the  day  for,  Monday  the  24th  inst. 

THE  FRANKING    PRIVILEGE. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whcde,  the  bill  to  dcclase  the  true  intent  and  meaning  of  tho  act 
relating  to  th"  franking  privilege  of  members  of  Congress. 

Mr.  BADGER  observed  that  as  the  bill  was  not  in  possession 
of  the  Senate  at  the  raument,  he  would  move  that  it  be  passed 
over  informally  ;  which  was,  by  unanimous  consent,  agreed  to. 

CALIFORNIA  CLAIMS. 

The  Senate  resumed  the  consideration,  as  in  Committee  of  the 
Whole,  of  the  bill  lor  ascertaining  and  paying  the  California 
claims. 

Mr.  DAYTON. — It  is  no  part  of  my  purpose  to  discuss  the  bill 
that  is  before  the  Senate:  but,  connecting  itself  as  it  does,  with 
tho  general  subject  of  the  war,  I  purpose  availing  myself  of  the 
opportunity  which  this  bill  atFords  of  submitting  some  general  ob- 
servations on  other  points.  I  know  full  well  the  disadvantages 
under  which  the  speaker  labors  in  endeavoring  to  address  the  Se- 
nate upon  the  general  question  under  existing  circumstances.  The 
remarks  that  may  be  made  must  fall  cold  on  the  ear  of  the  Senate, 
but  circumstances  of  a  personal  nature  make  it  absolutely  essen- 
tial, if  I  say  aught  on  this  question,  that  1  avail  myself  of  the  op- 
portunity of  saying  it  now. 

Amid  the  strife  and  noise  of  a  conflict,  it  is,  at  all  times,  difli- 
cull  for  parties  to  realize  their  true  position.  Fortunately  for  us 
tho  tumult  of  the  contest  has,  for  the  presesit,  ceased  The  smoke 
has  cleared  away;  between  the  armies  of  Mexico  and  the  United 
Stales  an  armistice  exists.  For  the  first  lime,  since  the  com- 
mencement of  the  war,  we  have  reached  a  point  from  which  we 
may  calmly  survey  the  past  and  piotitably  consider  of  the  future. 
It  is  due  o  us — it  is  due  to  the  country  that  we  do  so.  In  May, 
1846,  war  was  declared  to  exist  by  the  act  of  Mexico.  I  need  not 
say.  sir,  that  that  declaration  was  wrung — literally  wrung  under 
protest,  from  this  side  of  the  chamber.  I  then  thought,  and  I  now 
think,  that  tho  alternative  forced  upon  us  of  refusing  supplies,  or 
admitting,  by  way  of  preamble,  thotruth  of  a  declaration  which 
we  believed  to  be  false,  was  the  exertion  of  at  least  an  extreme 
right  by  a  party  majority.  But  right  or  wrong  we  met  the  occa- 
sion, and  supplies  in  men  and  money  were  granted  on  deinand. 
We  protested  then,  and  since  we  have  repeatedly  renewed  our  pro- 
test against  the  origin  of  tho  war,  while  we  have  furnished  means 
for  its  prosecution.  This  has  been  charged  upon  us  as  a  species  of 
moral  obliquitv' — a  kind  of  Jesuitical  preience,  justified  by  no  sound 
principle  of  reason  or  of  morals.  I  have  evec  held  otherwise; 
when  war  becomes  the  law  of  the  land,  and  so  exists  upon  your 
statute  book,  it  is  the  duty  of  every  good  citizen  to  sustain  and 
uphold  it,  till  the  law  be  repealed,  or  what  is  tantamount,  peace  be 
declared.  Such  have  been  the  principles  of  action  in  other  coun- 
tries as  well  as  in  this.  I  will  not  speak  of  the  British  supply  bill; 
but  I  may  refer  to  the  action  of  the  great  federal  party  in  the  war 
oC  1812.    Deprecating  the  commencement  cf  the  war  as  they  did, 


a  major  part  of  the  measures  for  its  prosecution  were  passed  with- 
out division  and  by  the  assent  of  the  party.  So,  too.  in  ihe  quasi 
war  with  France  in  ]797-'93,  brought  about  against  the  wishes  of 
the  republican  party  of  that  day.  Mr.  JelTerson,  as  the  great  ex- 
ponent of  the  principles  of  that  party,  declared,  in  a  letter  written 
by  him,  that  we  must  avoid  the  war  if  we  can,  but  if  it  camo  we 
must  defend  ourselves  and  stand  by  the  country — wheiher  the  house 
be  fired  from  without  or  from  within  it  was  equally  our  duty  to 
extinguish  the  flame.'  This  has,  indeed,  been  a  principle  of  action 
recognized  by  all  parties  in  this  government.  It  is  no  new  doc- 
tri.no  incorporated  into  our  political  creed.  It  is  no  Jesuitical  pre- 
tence, no  moral  obliquity.  It  is  a  principle  of  patriotic  action  re- 
cosnized  by  all  statesmen — all  patriots,  and  in  all  tim;s. 

Well,  in  these  circumstances,  the  whig  party  felt  it  to  be  its 
duty  to  strengthen  the  arm  of  the  government — to  strike,  while  at 
the  -.ame  time  it  deprecated  the  consequences  of  the  blow.  Now, 
we  have  reached  a  point  in  the  history  of  this  war  when  the  right 
of  private  judgment  can  again  vindicate  itself.  We  have  before 
us  an  enemy,  prostrate,  wounded,  dying;  upon  his  body  stands  a 
Colo.ssus,  in  full  armor,  unharmed  by  the  contest !  I  ask,  again, 
have  we  not  now  attained  a  point  where  we  may  exercise  the  right 
of  self-judgment?  A  point,  at  which  we  may  say  to  the  strong, 
cease  to  war  upon  the  weak  ?  In  my  opiuinn  we  have;  and  stop- 
ping here,  what  a  glorious  result  is  before  us  ?  In  a  military  point 
of  vie  v,  a  foreign  war,  conducted  without  a  single  leverse;  in  a 
civil  point  of  view,  a  peace  without  a  dollar,  and  without  an  acre 
wrested  from  the  enemy  without  a  just  equivalent.  Well  may  be 
it  said  that  a  peace  made  upon  the  terms  offered  and  accepted, 
amounts  about  to  this:  "  indemity  for  the  past,"  is  the  hundred 
millions  you  have  paid;  and  "security  for  the  J'uture,"  is  the 
twenty  millions  you  are  to  pay  !  The  very  result  which  might 
have  been  anticipated  in  the  prosecution  of  sueh  a  war.  Wo  have 
now  reached  a  st  ipping  place;  some  of  us  have  thiuiiht  it  advisa- 
ble l(»  seize  upon  the  late  treaty  as  the  most  immediate,  most 
plausible  plan  of  getting  rid  of  the  loan;  friends  have  dilfered 
among  themselves  as  to  our  true  course  of  anion.  I  should  my- 
self have  bceii  willing — I  should  have  preferred  that  political  Iriend.'j 
had  permitied  this  matter  to  rest  uprvn  Ihcir  votes;  or,  that  at  all 
events,  that  they  should  have  been  satisfied  to  await  the  removal  of 
the  injunction  of  secresy,  before  they  published  to  the  world  the  con- 
siderations which  had  influenced  their  action  in  secret  session.  But 
the  Senator  from  Massachusetts,  not  now  in  his  seat,  [Mr.  Web- 
ster,] whose  absence  I  regret,  and  in  the  mournful  cause  of  whose 
absence  we  all  sympathize,  has  thought  it  needful  to  pnmiulgate  to 
his  and  my  consiituents  the  leasons  which  have  influenced  him  in  vo- 
ting, as  he  savs,  against  the  ratification  of  the  treaty  He  "holds," 
he  says,  "  the  conscience  of  but  one  man,"  and  be  "  means  to  make  • 
a  clean  breast  of  it."  Sir,  he  is  in  the  exercise  of  his  legal  and 
just  rights.  But,  in  "  making  a  clean  breast  of  it,"  in  removing 
the  burden  from  his  own  conscience,  he  has  unconsciously  and  un- 
intentionally, I  doubt  not,  imposed  the  same  burden,  with  the  add- 
ed weight  of  his  own  opinions  and  arguments,  upon  the  consciences 
and  breasts  of  other  men.  It  will  be  for  us  to  say  whether  we  are 
able  to  meet  the  responsibility  which  is  thus  invoked  before  our 
constituents. 

The  members  of  the  Senate,  at  least,  however  it  may  be  with  the 
public,  alter  what  has  passed  in  Executive  session,  will  not  feel  sur- 
prised that  I  should  assume  to  answer  some  of  t  he  suggestions  of  t  hat 
distinguished  Senator.  His  speech  was  not  the  beginning,  but  rather 
the  end  of  contruversy.  I  would  that  it  had  ended  where  it  began. 
I  have  no  wish  to  obtain  the  little  ephemeral  reputation,  wiiich 
comes  from  "much  talking,"  or  a  collision  with  distinguished  an- 
tagonists, but  whenever  an  opportunity  presents  itself,  pregnant 
With  great  events  to  the  country.  I  never  have,  and  I  never  shall 
shrink  from  my  just  responsibilities.  I  am,  for  one,  prepared  to 
meet  the  responsibility  involved  in  the  ratification  of  that  treaty  ; 
and  after  the  speech  of  the  distinguished  Senator  from  Massachu- 
setts, read  as  it  has  been  in  every  town,  village,  and  hamlet  ol  my 
State,  I  feel  as  others  similarly  circumstanced  must  feel,  the 
necessity  ol  a  reply  I  am  here  to  answer  ;  I  here  now  declare  to 
my  constituents,  as  I  understand  I  have  a  right  to  declare  to  my 
constituents,  and  to  the  world,  my  own  action  upon  that  subject. 
I  here  declare  then,  that  in  this  chamber,  and  out  of  it,  in  official 
debate,  and  by  private  appeal,  in  every  mode,  and  by  every  leg  ti- 
mate  measure  that  I  could  bring  to  bear,  I  endeavored  to  sustain 
and  enforce  the  ratification  of  the  treaty.  And  I  say  furthermore, 
if  it  beof  the  slightest  interest  to  my  constituents  to  know  it,  that 
while  its  fate  was  yet  in  doubt,  I  first  broke  ground  in  its  favor  on 
this  side  of  the  chamber.  For  all  which  I  am  ready  to  meet  the 
responsibility  which  that  position  demands. 

Now,  sir,  what  are  the  objections  which  have  been  urged  against 
the  ratification  of  this  treaty  ?  We  are  first  told — and  it  is  tk« 
first  general  objection — that  "we  have  snatched  up  a  paper,  called 
or  miscalled,  a  treaty — negotiated  without  authority,  and  then 
have  ratified  it" — that  reversing  the  natural  order  of  things,  after 
ratifying  the  treaty,  we  have  then  appointed  ministers  plenipoten- 
tiary to  negotiate  upon  the  subject.  Now,  pray,  what  is  this  "bit 
of  paper,"  which  we  have  "snatched  up"  in  the  language  of  the 
Senator  from  Massachusetts  ?  .  It  is  a  paper  sent  to  this  body  by 
the  President  of  the  United  States — sent  here  as  a  treaty  lor  rati- 
fication— sent  here  legitimately  by  him  as  he  might  send  it  here. 
No  man  can  controvert  the  right  of  the  President  to  do  ihat  ;  and 
no  man  pretends  to  deny  that  he  may  accredit  his  diplomatic  agent 
in  advance  to  do  a  particular  thing  ;  or  he  may  await  the  action 
of  that  agent,  and  ratify  that  act  after  it  has  been  done.  The 
common  principles  applicable  to  the  case  of  an  agency  constitutei 


476 


CALIFORNIA  CLAIMS. 


[Tuesday, 


in  advance,  or  by  assumption  of  the  acts  of  the  agent  afterwards 
apply  here.  No  man  pretends  to  doubt,  then,  that  the  President 
of  the  United  States  had  the  le^al,  the  constitutional,  the  rightful 
power  to  take  this  paper,  whether  negotiated  without  or  with 
authority,  and  send  it  to  us  for  ratification.  If  that  be  so,  the  ob- 
jection then  comes  down  simply  to  this,  in  the  language  of  the 
Senator,  "it  is  unusual — it  is  strange."  That  amounts  to  but 
little,  and  that  little  when  examined  grows  still  less.  I  admit 
frankly,  that  the  diplomatic  history  of  this  country,  and  perhaps 
that  of  no  other  can  fnrnish  a  parallel  to  this  negotiation!  I  ad- 
mit that  no  former  administration  ever  thought  of  sending  such  a 
man  on  such  an  errand  !  But  with  great  respect,  I  deny  that  it 
is  an  unusual  tiling  for  a  negotiamr  to  negotiate  without  authority, 
or,  perhaps,  even  against  authority.  Your  diplomatic  history, 
and  that  of  every  other  nation  in  the  world,  is  full  of  jnstances  in 
which  the  negotiator,  from  the  necessity  of  the  case,  assumed  for 
the  time  being  an  authority  not  delegated,  and  trusted  to  the  re- 
cognition of  the  government  afterwards. 

But  the  Senator  says  theft  this  proceeding  is  "strange" — that  it 
is  "unusual" — that  it  is  "without  parallel."  In  answer,  I  beg  to 
call  upon  him  or  upon  any  other  to  show  the  parallel  to  such  an 
objection.  When  have  we  ever  before  heard  of  an  objection  of 
this  character  ?  The  Executive  department  in  the  interim  be- 
tween two  Congresses  constitutes  a  diplomatic  agent  as  he  law- 
fully may,  and  .sends  in  as  the  result  of  the  negotiation  of  that 
agent,  a  treaty  for  our  ratification.  Can  we  go  behind  the  record, 
and  instead  of  looking  at  the  treaty,  make  a  point  as  to  the  au- 
thority of  the  negotiator  ?  I  say  that  the  history  of  this  govern- 
ment or  that  of  any  other  does  not  furnish  an  objection  of  such  a 
character.  The  constitution  prescribes  when  and  how  you  are  at 
liberty  in  connection  with  the  Executive  to  look  into  the  character 
and  appoint  your  negotiator.  But  after  the  President  exercises 
.his  lawful  right  in  the  interim  of  Congress,  you  cannot  examine 
the  character  of  the  negotiator.  You  have  no  right  to  raise  the 
objection  that  the  negotiation  was  without  authority  if  it  has  been 
sanctioned  by  the  Executive.  If  you  had  such  a  right,  you  might 
over-ride  the  constitutional  authority  of  the  President  which  al- 
lows him  to  appoint  a  negotiator  without  your  authority  in  the  in- 
terim of  Congress.  When  gentlemen  then  call  on  us  for  a  par- 
allel of  this  procedure,  we  retort  and  call  upon  them  for  a  parallel 
to  this  objection. 

But,  again,  it  is  said,  that  "we  have  reversed  the  general  order 
of  things" — that  our  proceeding  is  "grotesque" — we  have  in  the 
first  place  ratified  a  treaty  and  then  appointed  a  minister  plenipo- 
tentiary to  negotiate  it.  I  think  that  is  not  the  true  stale  of  the 
facts.  This  treatv  was  negotiated  by  Mr.  Trist.  It  was  sent 
here  for  ratification.  It  was  amended.  In  the  meantime  the 
powers  of  Mr.  Trist  are  gone.  We  have  no  accredited  agent  in 
Mexico,  and  after  the  treaty  was  ratified  by  us  and  about  to  be  re- 
turned to  that  country  for  the  action  of  lis  government,  w*e  send 
with  it,  as  we  must  do,  an  accredited  agent.  Is  there  anything  in 
this  at  all  "grotesque"  or  "unusual  ?" 

Now,  these  were  the  preliminary  objections  ;  they  affect  only 
the  form  of  our  procedure.  They  touch  not  the  substance — the 
reason  of  the  thing.  The  question  is  in  regard  to  the  treaty  itself 
and  not  in  regard  to  the  character  of  those  who  negotiated  it,  or 
the  form  in  which,  under  that  negotiation,  it  was  presented  to  us. 
I  now  propose  to  consider  the  treaty  itself.  I  frankly  admit  that 
it  is  bad  enough.  I  admit  that  it  was  no  choice  of  mine.  I  admit 
that  it  was  the  selection  of  an  alternative — one  evil  in  preference 
only  to  a  greater  evil.  We  have  been  told  here,  that  if  we  did  not 
distrust  ourselves  and  our  power,  we  might  meet  the  difficulty — 
that  one  third  of  the  Senate  can  defeat  the  treaty  now  and  through 
all  time.  I  grant  it.  But,  I  say,  that  if  that  third  consists  of 
those  trentlemen  who  have  denounced  the  war  from  the  beginning 
as  unjust  and  iniquitous — and  if  they,  under  those  circumstances, 
were  to  defeat  such  a  treaty  and  continue  such  a  war,  they  ought 
to  feel  a  sense  of  their  course  as  though  it  were  written  down  for 
them  by  the  light  of  a  sunbeam.  We  have  been  forced  from  the 
bewinnin^  to  deal  with  alternatives.  In  the  beginning  of  the  war 
■we  "ranted  supplies,  although  driven  to  the  alieinative  of  admit- 
tm"  under  protest,  that  that  war  commenced  by  the  act  of  Mexi- 
coT  In  the  prosecution  of  the  war  we  have  continued  those  sup- 
plies rather  than  see  our  armies  defeated  ;  and  now,  at  the  end  of 
the  war,  we  are  willing  to  vote  for  a  peace  with  some  territory, 
rather  than  to  take  the  chance  of  a  continuance  of  the  war  and 
more  territory  at  its  close.  It  has  been  with  us  a  choice  of  alter- 
natives from  first  to  last.  I  will  not  defend  this  treaty  as  a  mere 
matter  of  bargain.  I  care  not  whether  the  Senator  from  Massa- 
chusetts be  right  or  wrong  in  the  view  which  he  has  taken  of  this 
as  a  matter  of  bargain.  I  care  not  whether  New  Mexico  be  near 
tp  us  or  far  from  us  ;  I  care  not  how  isolated  may  bo  its  position  ; 
I  care  not,  though  her  plains  be  barren,  though  her  hills  be  deso- 
late.  I  care  not  whether  "grass  grows  or  water  runs" — whether 
there  be  "beasts  of  the  field,  fir  lowls  of  the  air,  or  any  creeping 
(hinCT" — not  any  or  all  of  these  considerations  have  controlled  my 
action  on  this  subject.  In  some  respects,  indeed,  I  do  not  know 
but  fewer  evils  will  grow  out  of  this  accession  of  territory  if  it  he 
the  miserable  and  worthless  thing,  which  the  Senator  has  re- 
presented it,  than  if  it  were  a  good  fertile  country,  inviting 
speedy  settlcineut-  But  we  do  at  least  get  something  by  the 
treaty.  The  administration  get^  San  Francisco  and  San  Diego. 
They  are  at  least  of  some  value.  The  administration  surely 
has  "the  fifteen  pence  in  pocket,"  and  for  taking  this  little 
value  they  are  entitled  to  the  benefit  of  Kalstalf's  apology — 
"  Reason,  you  rogue,  reason !   Think'st  thou,  I'd  endanger  ray  soul 


gratis  !"  But  as  a  mere  matter  of  bargain — something  had  for 
something  paid — I  care  not,  though  the  thing  be  as  miserable  and 
contemptible  as  the  Senator  describes  it.  The  value  of  the  coun- 
try never  seriously  entered  into  my  consideration,  as  an  element  in 
the  decision  of  this  question. 

But,  then,  the  Senator  asks — why  not  strike  out  this  territory, 
and  take  peace  without  it?"  "The  things,"  says  the  Senator, 
"are  separable."  He  avers  that  we  can  have  a  peace,  just  as 
promptly,  just  as  easily,  just  as  honorably,  without  territory  as 
with  it;  and  here,  sir,  is  the  basis,  the  groundwork  of  his  whole 
argument.  It  is  begging  the  entire  question.  His  whole  argu- 
ment is  thus  based  upon  premises  erroneous  in  part.  His  position 
is  that  peace  can  be  obtained  as  speedily  and  as  honorably  without 
territory  as  with  it.     Let  us  examine  it. 

With  this  administration  we  can  have  no  peace  without  territory. 
Again  and  again,  for  two  years,  the  administration  have  declared 
their  determination  that  territory  must  be  acquired.  Gentlemen 
who  have  opposed  the  war,  have  been  calling  for  peace — peace- 
peace,- — but  there  was  no  peace  to  be  had  without  territory.  In 
the  ollicial  declarations  of  the  President — in  the  declarations  of 
heads  of  departments — in  the  declarations  of  the  friends  of  the  ad- 
ministration in  both  branches  of  Congress,  it  has  been  announced 
to  us,  to  Mexico,  and  to  the  world,  that  they  would  not  even  nego- 
tioaie  for  less  territory  than  is  acquired  by  the  treaty  ;  and  yet  I 
repeal,  that  the  whole  of  the  Senator's  argument  is  ba^ed  upon 
the  assumption  that  peace  could  be  had  as  easily,  as  speedily,  and 
as  honorably  without  territory  as  with  it !  Indeed  the  President 
of  the  United  States  has  gone  so  far  as  to  recommend  that  a  terri- 
torial government  be  established  in  the  country,  long  since  in  our 
possession,  and  now  ceded  to  us  by  that  treaty.  We  have  had,  too, 
the  oflTicial  assurance,  that  if  this  treaty  were  rejected,  no  negotia- 
tion would  be  allowed,  or  even  be  attempted  for  less  territory 
than  we  now  obtain !  And  I  may  go  farther  while  on  this 
subject,  and  add,  if  there  bo  aught  in  rumor,  the  leading  mem- 
bers oi"  this  administration,  and  of  the  cabinet — presidential 
aspirants  too,  actually  oppose  the  ratification  of  this  treaty  upon 
the  ground  that  it  gives  too  liltle  territory.  >.ow  what  becomes 
of  the  position  that  we  can  have  peace  as  promptly  without  terri- 
tory as  with  it?  But,savs  the  Senator  from  Massachusetts,  "feel 
the  enemy,"  and  he  may  retire  before  you — "Mr.  Polk  put  his 
foot  down  on  54°  40'  and  it  didn't  stay  down."  Sir,  the  cases 
differ — dill'cr  just  as  widely  as  the  power  of  Mexico  differs  from 
that  of  Great  Britain  !  Besides  it  is  but  just  to  the  administraiion, 
to  say  that  they  never  pledged  themselves  to  hold  on  to  54"  40' 
with  the  tenacity  with  which  they  stand  committed  to  hold  on  to 
New  Mexico  and  California;  although  they  did  declare  very  vehe- 
mently the  right  to  do  so, 

I  repeat,  then,  that  so  far  as  we  can  judge  from  the  facts  before 
us,  we  can  have  no  peace  during  this  administration  without  terri- 
tory. If  we  could,  the  past  history  of  the  administration  would 
be  a  fable,  and  the  event  would  give  every  official  assurance  the 
lie.  For  myself,  I  do  not,  I  cannot  believe  it.  I  am  thus  com- 
pelled to  act  from  the  light  before  me. 

"  But,"  says  the  distinguished  Senator,  "if  the  administration  do 
not  choose  to  make  peace  without  territory,  I  am  willing  to  go 
before  the  country  on  that  question;  I  am  willing  to  put  it  to  the 
people — '  will  you  bring  four  States  into  this  Union?'  "  I  ask,  sir, 
when  will  the  Senator  present  the  issue  to  the  people?  In  a  pop- 
ular election  next  fall?  Well,  even  if  he  should  succeed  upon  that 
issue — which  is  more  thandoubtful— he  must  defer  the  accomplish- 
ment of  his  object  till  the  following  spring;  in  other  words,  for  the 
purpose  of  testing  his  experiment  before  the  people,  this  war  must 
continue  for  another  year,  at  the  sacrifice  of  thousands  of  lives  and 
a  vast  expenditure  of  treasure  !  But  suppose,  unfortunately,  that 
the  Senator  should  be  mistaken,  and  that  he  and  I  should  be  dis- 
appointed on  this  issue,  what  then?  The  party  coming  into  power, 
committed  as  they  are  on  this  subject,  committed  as  they  doubtlcsj 
will  be  still  further  by  resolutions  at  a  certain  convention  to  bo 
held  in  May  next;  inflamed  by  success  on  this  issue,  what  will  bo 
the  result?  Sir,  it  will  be  one  of  two  things:  Mexico  to  the  Sierra 
Madre,  or  Mexico  entire  !  The  Senator  says  "we  tremble  before 
Executive  infiuence — we  fear  lest  the  King's  anger  may  kindle;" 
and  "  who,"  he  asks,  "  is  Mr.  Polk?"  Ah!  we  asked  that  very 
question  a  little  more  than  three  years  ago — we  asked  it  in  verse 
1  believe,  and  we  got  an  answer  in  prose  !  We  obtained  an  an- 
swer that  satisfied  me,  at  all  events,  that  let  Mr.  Polk  be  who  he 
might,  or  any  other  candidate  be  who  he  may,  provided  he  bo  a 
"respectable"  man,  he  was  certain  of  the  support  and  votes  of  his 
party.  It  matters  not  what  star  may  set"  or  rise,  whether  it  be 
one  of  a  magnitude  that  shall  fill  the  naked  eye,  or  some  obscure 
twinkler  seen  only  by  the  aid  of  a  telescope,  as  soon  as  he  is  se- 
lected he  will  become  a  fixed  star,  the  sun  of  a  system,  and  around 
him  will  revcdvo  every  satellite  of  power  and  of  party.  It  is  idle 
to  address  to  mc  any  such  ipiestion  as  this — "  who  is  Mr.  Polk?" 
Ho  is,  as  his  successor  will  be,  the  mere  impersonation  of  a  set  of 
principles — the  official  head  of  a  great  party.  This  is  a  subject  in 
which  that  great  party,  and  every  leading  man  of  that  party,  is 
committed;  they  have  plighted  hand  and  heart  to  the  cause;  they 
will  sustain  it,  or  fall  by  it. 

Now,  what  areihose  prospects  of  success,  by  which  the  Senator 
is  emboldened  to  present  this  issue  to  the  people  ?  And,  address- 
ing myself  an;ftin,  not  only  to  whig  friends  here,  but  throifghout 
the  country,  if  I  utter  unpleasant  truths  it  is  not  because  I  do  not 
feel  them  to  be  unpleasant.  It  is  needless  to  look  at  things  as  wa 
would  like  them  to  be.  In  questions  of  this  nature  we  must  look 
at  things  as  they  are.     The   issue  which  wo  would  thus  present 


Apkil  11.] 


CALIFORNIA  CLAIMS. 


for  the  determination  of  the  people  is  this:  will  yon,  at  the  enrt  of  "-esurrection 
the  vear,  at  once  withdraw  yonr  troops  without  territory?  Will  Hic  jacez . 
yftu  lack  ri"ht  out  of  Mexico  ?  That  is  the  point.  There  are  a 
Vrreat  raanv'^ood  and  wise  men  who  would  at  once  beg  pardon  ot 
Mexico,  asltin<r  forgiveness  of  God,  and  bring  the  army  home. 
But  how  smalF their  number,  compared  with  the  great  aggregate 
of  the  people  !  Thev  will  scarcely  be  heard  of  at  the  ballot-boxes. 
The  Seniitor  from  Massachusetts  tells  us  that  the  vote  of  the 
House  declaring  that  this  war  was  "  unconstitutionally  and  un- 
necessarily commenced"  by  the  administration,  is  the  last  public 
annunciation  of  popular  sentiment  upon  this  subject.  Grant  it. 
That  declaration  passed  by  a  vote  of  eichtytwo  to  eighty-onc. 
Now,  let  me  try  the  position  of  the  Senator  by  the  same  standard. 
On  the  same  dav  on  which  that  vote  was  given,  a  resolution  was 
introduced  in  the  House  instructin;:  the  Military  Committee  to  in- 
quire—mark,  a  mere  resolution  of  inquiry,  which  ordinarily  passes 
as  a  matter  of  course— to  inquire  as  to  the  expediency  of  advising 
the  President  to  withdraw  our  forces  to  the  eastern  side  of  the 
Rio  Grande,  and  negotiate  for  peace.  The  question  was  put  to 
the  same  House  to  whose  action  the  Senator  triumphantly  alludes, 
and  the  resolution  was  voted  down  by  one  hundred  and  thirty-five 
to  forty-one  !  Now,  if  the  action  of  that  body  be  taken  as  afford- 
in"-  a  significant  expression  of  public  sentiment  in  regard  to  the 
commencement  of  the  war,  its  action  must  also  be  taken  as  afford- 
ing a  legitimate  exposition  of  popular  sentiment  in  regard  to  the 
mode  in  which  we  are  to  end  this  war. 

But  passing  from  that  House  to    this  chamber,  let   me    inquire 
what  extent  of  opposition  there  would  have   been   to  the   ratirtoa,. 
tion  of  this  treaty  if  it  had  been  confined   to   those   who  made  "no 
territory,"  absolutely  a  sine  qua  non  to  a  treaty  of  peace  !     It  was 
a  case  when  extremes  met — in  which  the    men  of  "no    territory," 
and  the  men  of   "all  territory"   stood' for  the  time  being  together. 
They  were  held  together  by  external  pressure  only,  and  that  pres- 
sure removed,  they  were  wide  as  the  poles  asunder.     I  might  refer 
to  the  feeling  of  the  country.     It  is  not   an    unusual   thing,  either 
in  public  or  private  life,  for   a  man  who  has  distrusted   the  justice 
of  his  quarrel  in  the  beginning   to  be  unwilling   to  yield  till  bis  foe 
be  completely  prostrated.     Besides,  it  is    to  be  recollected  that  it 
does  not  require  a  very  heavy  force  to  determine  the  vote  of  many 
of  the  States  of  this  Union.     There  have   voters    enough    now  re- 
turned from  Mexico  to  determine   this  question  against  us  on  such 
an  issue.     The  whole    aggregate    majority  of  Mr.    Polk   in  1844 
was  only  3S,801;  and  in  1836  the  majority  for  Mr    Van  buren  was 
only  '2-5.413.     There  are  whig  voters  enough  returned  from  Mexi- 
co, or  there  will  be   next  fall    (to   say  nothing   of  their   kinsmen, 
friends,  and  employees,)  with   every  feeling  enlisted    in   behalf  of 
tlie  war  to  sweep  aw:iy   these  majorities   twice   told,  and  yet  it  is 
supposed  we  may  go   with   safely  into    this    campaign    upon    ibis 
issue  !     Sir.  is  it  possible  that  any  one  can  have  forgotten  the  dem- 
ocratic    slogan    of    1844  ?       "Oregon    and    Texas"    was    then 
the   rallying  cry.  and   it   still  rings  in    our  ears.     Is    the    sfath- 
ing   taunt  of  Napoleon   to    be    applied    to  us  ?     Are    we   Bour- 
bon-like,   "to    forget     nothing — to    learn    nothing?"       Can    we 
resist   the   conviction    that    what    "Oregon  and   Texas"    was   in 
1844,    "Calilornia    and    New  Mexico"    will    become    in    1S48  ? 
The  hound  has  not  just  now  opened  on  the  scent  ;  you  do  not  just 
now  hear   his  deep  hay  from  afar.     It  is  the  short,  quick,  panting 
yell,  ere  ho  leaps  upon  his  prey  !  And  yet  it  is  upon  an  issue  like 
this,   and    in   the   face   of    a  feeling    like  this  that   the    Senator 
from  Massachusetts  advises  the  whig  party  to  enter  the  campaign  ! 
No   sir  ;  no,  sir — It  must  not  be  !   With  every  respect  for  that  Sena- 
tor I  more  than  distrust  the  wisdom  of  such  counsel.     I  appeal  to 
the    whi^s — to  political   friends  the  whole  country  over,  if  it   bo 
wise,  if  it  be  siatesmenlike  to  present  that  issue?     The  Senator 
from   Massachusetts  saw  and  he  felt   this   thing.     He  says  with 
truth  that  "the  portents  are  discouraging."     He  admits  that  "the 
indications  are  all  sinister,"   but  he  adds,  that  "whoever  falters  or 
whoever  fl'es,   ho   resists  to-day,  he   resists  always."     Be  it   so. 
The  Senator  could  not  do  otherwise  than  resist.     He  had  in  times 
past  committed  himself  so  far  upon  this  question  against  territory 
that  he  was  hardly  at  liberty  to  weigh  alternatives.     But  is  it  so 
with  us  ?     Is  the   great  whig  party  so  fully,  so  fatally  committed 
upon  this  question?     Are  we  bound  to  stand  fast  upon 

"Tlii-i  narrow  ledge;  a  yawning 

Gulf  below,  a  tumlrling  torrent  from  above  ; 
Can  we  not  move  ?" 


Its  enemies  yonder  will  give  it  a  kingly  epit&ph  : 


"It  never  said  a  foolish  thin^, 
And  never  did  a  wise  one  I" 


Are  we  spell  bound  ?  Forbid  it  God  !  Could  I  believe  that  the 
power  to  acquire  territory  was  yet  an  open  question,  or  that  the 
constitution  clearly  forbade  it,  though  the  heavens  darkened  over 
mv  head,  and  the  earth  trembled  beneath  my  feet,  there  sliould  I 
stand  ! — stand  with  the  Senator — stand  with  the  constitution, 
*  "Shield  it — save  it,  or  perish  there  too." 

But  I  deny  that  it  is  so.  I  feel  that  this  is  a  question  to  be  tried 
according  to  its  effects  and  consequences,  and  by  my  best  judg- 
ment, aided  by  the  best  lisht  that  I  can  obtain,  I  am  persuaded 
that  the  alternative  of  the  line  offered  with  presi:nt  peace  is  better 
than  war  for  a  year  with  the  chance  of  peace  at  its  close  and  no 
territory.  This  conviction  I  declare  with  the  utmost  respect  for 
the  distinguished  Senator  from  Massachusetts  and  all  others  who 
may  differ  from  me.  I  hold  that  upon  the  issue  which  they  would 
make  up — no  peace  unless  without  territory — the  whig  party  can- 
not survive  the  year.  It  will  go  down  to  the  grave,  and  all  its 
conservative  glorious  principles  will  go  down  to  the  grave  along 
with  it!  With  some  "wise  saw"  upon  its  lips,  it  will  die,  doubtless, 
"the  death  of  the  righteous,"  "rejoicing  in  the  hope  of  a  glorious 


I  take  HO  such  issue  !  I  seize  upon  the  first  and  legitimate  raeanj 
to  make  peace.  If  I  fail,  let  the  misfortune  rest  where  it  may,  it 
will  not  be  here  ;  and  I  then  at  least  have  the  privilege  of  calling 
upon  you,  our   political   adversaries,  for  all   the  treasure   that  ii 

wasted for  those  twenty  thousand  of  our  young  men  whose  bones 

are  now  bleachin"  in  the  mountain  passes  and  on  the  arid  plains 
of  Mexico  ! 

But  my  purpose,  sir,  was  not  to   arraign  others.     My  purpose 
is  simply  to  justify  ourselves.     The  Senator  from   Massachusetts 
in  the  further  prosecution  of  his  argument  tells  us,  that  this  treaty 
oives  us  the  line  of  the  Rio  Grande,  New  Mexico  and  California  ; 
and  in  view  of  this  acquisition  of  territory    the    Senator  goes  into 
a  statement  showing  the  necessarily  sparse  character  of  the  popu- 
lation, now  and  for  a  long  time  to  come  ;  and  he  then  goes  on  to 
speak  of  the  number  of  States  that  will  be  formed  out  of  the  ter- 
ritory and   the  Senators  who  will  then  take  their  places  here.     In 
other  words,  he  tells  us  that  fourteen  new  Senators  will  take  their 
places  here,  and  in  the   contemplation   of  that  result,  he  becomes 
absolutely  struck  with  horror.     He  denounces  the  whole   thing  as  ' 
a  "monstrosity"- a  "disfiguratior"— an  "enormity"  upon  the  fair 
framework  of  our  government.     He  doubts  if  that,    of  which  he 
speaks,  be  real— hesitates  whether  it  be  not  some  phantasm  ;  some 
horrid  delusion  !     Let  us  look    at  this  thing   calmly.     In   the  first 
place,  permit  me  to  remind  the  country  that  the  question  now  be- 
fore us  is  not  whether  Texas  should   be   ailmitted  into  the  Union. 
Reaard  the  event  as  you  may,  Texas  is  now  here.     The  admission 
of  Texas  is   now  a  foregone  conclusion.     The  number  of  States 
that  may  be  carved  out  of  Texas,  was  settled  in  the  annexation  of 
that  country.     Arrange   the  boundaries  of  Texas  as  you  may,  it 
adds   not   to,   or  diramishes  the   number  of   Senators  which  she 
may  at  a  futi.re  day  place  upon  this  floor.     Let  me  remark,  how- 
ever,  that   the   ten   Senators  from  Texas,   of  which  the  Senator 
speaks,  will  not  come  hero  in  your  day,  nor  in  your  children's,  nor 
your  children's  children's  day.     Be  that  as  it  may,  the  Senator  re. 
lies  upon  these  ten  Senators  from  Texas  in  order  to  make  out  his 
position.     Sir,  he  might,   with  the  same   propriety,   have  argued 
from  the  admission  of  Louisiana  and   Florida  or   any  other  terri- 
■  tnry  acquired  since   the  organization   of  our   government.     With 
Texas,  then,  we  have  nothing  to  do.     You  thus  get  rid  at  once  of 
ten  out  of  the  fourteen  Senaiors   that   have  alarmed  the  judgment 
of  the  distinguished  Senator.     These  "men  in  buckram"  thus  pass 
awav.     From  fourteeh   they  dwindle   at  one   step  down   to  four  ! 
Let  us  prosecute  this  matter   a  little  farther.     We  will  find  that 
in  reference  even   to  the  remaining   four,  they  become  "small  by 
dcTrees  and  beautifully  less."     I  do  not  mean  to  deny  that  there 
IS  a  possibility,  nav,   probability,    that    at    some    future  day  New 
Mexico  may  be  represented  on  this  floor,  and  that  at  some  distant 
day  California  may  be  also  represented  here  ;  nor  do  I  mean  to  say, 
that  that  would  not  be  an  evil.     But  the  Senator  regards  these  as 
pressing,immediate  evds;  and  it  is  in  that  aspect  that  I  resist  his  ar- 
•jumenf.    According  to  his  own  description  of  New  Mexico,  it  is  a 
country  perfectly  barren  and  desolate — a  miserable  selvage  of  earth, 
pent  up  between  two  mountains— five  hundred  miles  from  any  where, 
and  twice  as  far  from  the  next  place  !     Then  as  to  the  population, 
it  is  a  mongrel,   pie-bald  race,  of  every  shade  and  hue  from  the 
white  man   down  to  the  negro— very  few  of  the  former — a  degra- 
ded race,  and  must  continue  to  be  degraded.     The  population  can- 
not increase,  because  there  are  as  many  there  now  as  the  country 
can  sustain.     If  that  be  so — and  unless  the  Senator  has  colored  or 
discolored  the  picture  by  his  fancy— there  will  not  be  two  Senators 
from  that  country  in  a  hurry.     Our  southern  friends  are  not  likely 
to  admit   representatives  of^  this  pie-bald  race  with  great  haste  at 
least  on  this  floor.     Besides,  there  is  another  difficulty  in  the  way. 
The  Rio  Grande  runs  in  the  centre  of  thi::  territory  of  New  Mex- 
ico with  its  population  of  sixty  or  seventy  thousand,  and  if  Texas 
adhere  to  her  claim  after  the  treaty  as   it  stood  before  the  treaty, 
or  if  youiidmit  the  validity  of  her  claims,  at  least  one-half  of  the 
territory   belongs  to  Texas,  and  you  can  have  no  new  State  crea- 
ted there  without  her  as.sent.     I  repeat,  sir,  I  am  not  disturbed  by 
those  fears  which  seem  to  agitate  the  Senator  from  Massachusetts, 
although  I  do  not  mean  to  deny  all  force  to  this  objection. 

Butfthen,  he  speaks  of  California,  and  states  that  there  will  he 
at  least  two  new  Senators  from  that  quarter.  Pray,  when  are 
those  two  Senators  to  come  from  California?  He  speaks  of  Cali- 
fornia as  a  state,  and  of  New  Mexico  as  a  state.  But  they  do  not 
come  here  as  states  at  all.  They  come  here  as  territories^oose, 
unorganized  territories.  And  when  do  you  expect  that  California 
will  be  represented  on  this  floor?  The  Senator  speaks  of  Cali- 
fornia as  a  state !  What !  A  state  to  be  admitted  into  this 
Union,  embracing  ten  degrees  of  latitude  on  the  Pacific  ocean,  and 
extending  from  five  hundred  to  one  thousand  miles  into  the  interior! 
We  can  never  have  such  a  state  admitted  into  this  Union.  Before 
that  country  can  be  represented  here  there  must  be  a  population 
of  sufBcient  extent  to  authorize  the  creation  of  a  state,  and  that, 
too.  within  territorial  limits  bearing  some  proportion  to  the  extent 
of  the  largest  states  of  this  confederacy.  We  must  recollect  that 
California  is  not  an  agricultural  country.  It  is  a  grazing  country, 
where  the  wealth  of  the  inhabitants  consists  in  horses  and  cattle, 
and  which  must  of  neeessitv  always  be  sparsely  peopled.  How 
long,  then,  will  it  be  before  'there  will  be  a  population  concentra- 
ted in  a  sufficiently  small  space  in  California  to  justily  the  admis- 
sion of  a  state  out  of  that  territory  >    Neither  1850  nor  1860  will 


478 


CALIFORNIA  CLAIMS. 


[Tuesday, 


witness  such  a  result.  But,  says  the  Senator,  "these  states  will 
come  in  at  a  suitable  time  ;"  ana  that  is  the  only  limitation  which 
he  imposes.  These  terms,  I  grant,  mean  pretty  much  what 
the  party  in  power  pleases  to  say  what  they  do  mean. — 
But  in  the  case  of  Louisiana,  which  under  treaty  stipulations 
was  to  be  admittted  as  a  State  as  soon  as  possible,  accord- 
ing to  the  principles  of  the  federal  constitution  ;  and  the 
inhabitants — certainly  of  a  much  better  clnss  than  can  be  supposed 
to  exist  in  New  Mexico  and  California,  and  of  greater  numbers — de- 
manded admittance  at  once.  They  claimed  the  riglit  to  admis- 
sion as  a  treaty  right;  these  words,  a  "suitable  time"  were  in- 
tended to  invest  in  Congress  a  clear  discretion  over  the  subject. — 
But  looking  at  the  possible  changes  which  may  occur  in  this  body 
between  this  period  and  1850,  it  is  .scarcely  within  the  range  of 
probability  that  our  friends  over  the  way  will,  at  that  early  day, 
need  two  additional  Senators  from  New  Mexico  and  California. 
I  know  that  these  remarks  do  not  sound  agreeably  in  the  ear  ol  po- 
litical friends;  but  they  arc,  nevertheless,  true;  and  it  is  folly  to 
shut  eyes  or  ears  to  the  truth. 

I  pass  to  another  aspect  of  this  question.  There  was  one  con- 
sideration which  very  much  commended  the  line  of  this  treaty  to 
my  favorable  regard.  It  avoids  practically  all  that  wretched 
question  of  the  "Wilmot  Proviso;"  and  I  think  that  the  sober, 
thoughtful  men  of  the  North  will,  on  reflection,  view  the  question 
in  that  lisht.  This  line  of  thirty-two  degrees,  gives  us  a  country, 
which,  I  apprehend,  can  never  become  permanently  a  slave  coun- 
try. It  grows  no  cotton,  sugar,  rice,  or  tobacco.  It  is  not  at  all 
adapted  to  slave  labor.  On  the  contrary,  some  of  our  southern 
friends  actually  object  to  the  line  on  the  ground  that  at  some  fu- 
ture day,  it  may  be  the  means  of  siu^rounding  the  South  with  a 
tier  of  free  States.  In  connection,  then,  Willi  this  exciting  and 
unhappy  question,  this  view  of  the  treaty  is  vastly  important. — 
Slavery — speaking  with  the  utmost  respect  for  the  feelings  and 
judgment  of  others — I  now  hold,  as  I  have  ever  held,  to  be  a  posi- 
tive institution.  It  can  exist  nowhere  except  by  force  of  positive 
law.  There  is  no  slavery  now  in  this  territory  which  is  acquired 
by  the  treaty.  If  a  ci  izen  of  the  South  go  there  with  his  slave, 
and  that  slave  escapes  and  one  of  his  neighbors  employ  him,  the 
master  cannot  recover,  in  a  court  of  just  ice,  either  the  slave  or 
the  value  of  his  labor.  If  he  avers  that  the  slave  is  his  property, 
he  must  show  that  he  is  so.  That  can  be  shown  only  by  munici- 
pal law;  and  I  need  not  say  that  when  called  on  to  show  that,  the 
master  cannot  produce  the  statute-book  of  South  Carolina.  No 
man  carries  with  him  the  law  of  the  State  lioni  which  he  emi- 
grates. In  all  slave  States  there  is  a  code  penal  and  criminal, 
applicable  to  the  slave.  If  a  slave  strike  his'  master — if  another 
harbor  a  slave — there  is  a  penalty  imposed.  The  slave  is  debarred 
from  the  witness  stand.  Well,  when  the  master  carries  his  slave 
to  California,  none  of  these  municipal  regulations  accompany  him. 
A  man  stands  there  as  a  man,  whether  he  be  black  or  white.  The 
argument  then  comes  simply  to  this:  the  country  acquired  by  the 
treaty  is  now  free;  and  notwithstanding  the  argument  of  my 
friend  from  Alabama,  [Mr.  Bagbv,]  I  hold  that  there  is  no  prin- 
ciple better  settled  than  that  the  laws  of  the  country  which  we 
acquire,  remain  as  they  were  until  they  are  changed  by  some  posi- 
tive enactment.  Now  the  only  remaining  question  is,  can  that 
country  ever  become  permanently  a  slave  country?  I  hold  that  it 
cannot.  Thus,  then,  ihe  adoption  of  this  line  practically  avoids 
this  great  evil.  I  am  opposed  to  all  extension  of  slavery.  1  am 
opposed  to  the  extension  of  this  principle  of  representation.  But 
while  entertaining  these  sentiments,  I  will  never  turn  fanatic,  and 
set  the  world  on  tire  on  account  of  an  abstraction — a  mere  theory, 
unattended  by  practical  results.  Kepresenting  a  constituency 
with  nothing  at  all  akin  to  political  abolition  nliout  tliem.  I  rejoice 
in  the  termination  of  this  war  in  a  manner  w  hich  avoids  altogether 
this  distracting  and  dangerous  question. 

I  have  expressed  my  views  ai  some  length  on  a  former  occasion, 
upon  the  constitutional  question  as  to  the  right  of  Congress  to 
limit  slavery  in  the  territories.  While  disclaiming  all  identification 
with  northern  abolitionists  of  any  kind  or  creed.  I  will  sustain  the 
right — the  law.  Liberal  men  of  the  North  sufler  constantly  from 
being  placed  in  a  false  postion,  and  ranked  side  by  side  with  those 
with  whom  they  have  not  a  single  feeling  in  common.  If  the  South 
would  but  understand  the  feeling  of  right  minded  men  at  the  North, 
it  would  be  seen  that  there  is  no  siiljstantial  diflerence  of  opinion 
between  them.  Right-minded  men  on  this,  as  on  all  other  sub- 
jects, generally  stand  together.  But  in  reference  to  the  power  to 
impose  this  limitation,  there  is  a  ditlercnce  of  opinion.  I  find  that 
in  the  last  October  number  of  til's  "Soiuhcrn  Review," — a  review 
which  I  take  this  occasion  lo  say.  is  alike  distinguished  by  its  lite- 
rary excellence,  and  general  ability — my  views  oir  this  subject  are 
"characterized  as  '"ultra  latitudinarian."  In  that  article,  I  find 
the  first  labored  attempt  lo  sustain  this  position,  that  Congress  has 
not  power  to  legislate  upon  this  subject.  The  reviewer  collects 
all  the  facts  and  all  the  arguments  bearing  on  this  subject; 
and  I  assure  gentlemen  that  the  article  furnishes  the  staple  for 
many  a  speech,  both  in  Congress  and  out  of  it.  But  it  wholly  fails 
to  shake  my  confidence  in  the  soundness  of  my  own  views.  If 
Congress  has  not  the  power  to  legislate  upon  this  subject,  then 
the  power  to  do  so  exists  nowhero  ;  and  we  have  then  the  spec- 
tacle presented  of  a  political  community,  large  in  number,  vast  in 
territorial  extent,  incipable  of  legislating  upon  a  subject,  which  is 
not  only  so  essential,  or  will  be  so  essential  to  their  prosjierity,  but 
it  mav  be  to  their  absolute  safety  !  Before  we  arrive  at  such  a 
conclusion,  the  argument  to  sustain  it,  ought  certainly  to  be  unan- 
swerable.   Either  the  power  tu  legislate  oa  lhi<>  (uliject  exists  in 


Congress,  or  the  whole  history  of  the  legislation  of  the  country 
from  the  very  beginning,  has  been  an  assumption.  From  the  be- 
ginning. Congress  has  acted  on  the  principle  of  possessing  this 
power.  After  a  centain  number  of  inhabitants  have  been  collected 
in  a  territory — 5,000 — then  there  has  been  vested  in  a  governor, 
legislative  council,  and  house  of  representatives,  the  authority  to 
make  "all  laws  for  the  good  of  the  district."  This  power  is  thus 
strictly  delegated  by  Congress,  to  the  territorial  legislature,  acting 
with  the  assent  of  the  governor,  the  federal  appointee,  without 
whose  signature  no  law  can  be  valid.  It  has  indeed  been  suggest- 
ed, and  I  think  that  the  honorable  Senator  from  Michigan  squints 
that  way 

Mr.  CASS. — (in  his  seat.)     Not  squints  at  it. 

Mr.  DAYTON.— The  honorable  Senator  hints  at  it,  that  this 
power  exists  in  the  people  of  the  territory  in  their  primitive  unor- 
ganized condition.  Now,  there  is  no  organization  of  the  people  of 
the  territory,  except  through  their  legislature,  acting  under  the 
authority  of  Congress,  and  ihis  power  the  appointee  ol  the  E.'iecu- 
tive.  They  can  have  no  other  mode  of  exercising  any  power  vested 
in  them.  Are  tliev,  lor  the  pur|iose  of  carrying  ii.io  execution 
their  own  jiowcr,  to  gel  up  some  new  mode  of  legislation— lo 
create  a  kind  oHmperium  in  imperio  ?  It  strikes  me  that  the  posi- 
tion is  erainenily  absurd. 

But,  says  the  gentleman.  Congress  takes  these  lands  merely  to 
dispose  of  them  as  a  trustee;  and  whenever  you  consirue  consti- 
tutional law.  you  must  construe  it  in  reference  to  the  object  for 
which  the  trust  was  created.  How  are  these  territories  to  be  gov- 
erned in  the  meantime  ?  How  are  they  to  pass  ihrough  the  pe- 
riod of  their  territorial  condition  ?  It  is  seriously  coiiiended  that 
the  constitution  which  gives  power  to  dispose  of  the  territories, 
and  in  the  language  of  the  ciinstitulion.  '■  lo  make  all  needful 
rules  and  regulations"  rcs|ie'-ling  the  territory,  is  lo  be  confined 
simply  lo  the  cnacimcnt  of  such  laws  as  regulate  the  disposiuon 
of  tlie  territories;  and  yet,  under  that  clause  of  the  conslilution, 
the  whole  civil  and  the  whole  criiuiiuil  jurisdiction  of  Congicss,  by 
right  oidominion,  and  of  the  territorial  legishituies  from  the  year 
1787,  dow  n  to  the  present  day,  has  been  inactive  I  I  have  always 
contended,  as  I  now  contend,  that  this  power  vests  in  the  ledeial 
govcrnnicnt — first,  by  rcas-on  ol  its  general  legislative  suiiremacy; 
and  secondly,  by  cx]uess  grant;  i he  grant  being  in  the  provision 
•  of  the  eonsiitution,  which  authorizes  Conjiess  to  make  all  needful 
rules  and  regulations  rc.-pccting  the  lerritorits.  Sixiy  years  prac- 
tice under  that  provision  ol  llic  constitution  has  settled,  or  ought 
10  have  settled,  us  true  consiiuction. 

If  there  be  any  doubt  raised  in  regard  to  the  lands  ceded  by 
slave  States,  we  m:iy  answf  r  ihat  many  of  tliese  cessions  have 
been  made  by  free  Slates.  New  York  made  the  very  first  cession 
in  1781.  At  the  lime  she  made  that  cession,  that  Stale  could  legis- 
late upon  the  subject  of  slavery;  she  conceded  all  her  powers  ti 
Congress — no  residuum  remained;  and  yet  it  happens  in  the  act  of 
transfer  from  one  receiver  to  anoiher,  one  of  thuse  powers  has  de- 
parted— has  been  lost  by  some  unknown  process  in  political  alchy- 
my — it  has  vanished  like  a  volatile  essence,  not  even  emitting  an 
odor  to  tell  of  its  whereabouts  .'  The  federal  legislature  took  jU.st 
what  New  York  grained  ;  and  yet  wo  hear  it  asserted  ttiat 
Congress  has  no  power  to  legislate  on  this  subj(.ct — that  Its  power 
is  limiied  to  the  disposition  dI  these  territories  !  Why,  sir,  when 
propositions  of  this  kind  are  gravely  presented  for  the  purpose  of 
sustaining  such  a  position,  no  mortal  man  can  tell  what  next  may 
be  assumed. 

In  1787,  I  need  not  remind  the  Senate,  the  ordinance  relating 
to  the  north-west  territoiy  was  passed,  excluding  slavery  from 
the  territory  north  of  the  Ohio.  Each  and  every  of  the  Stales 
which  have  come  into  the  Union,  formed  out  of  that  territory, 
come  in  subject  lo  this  restriction.  In  1798,  the  territory  of  Mis- 
sissippi was  organized,  and  Congress  piohihited  the  introduction 
of  slaves  there  from  any  port  out  of  the  United  States.  In  1S04, 
two  territories  were  formed  out  of  Louisiana,  and  there  again  Con- 
gress resiricted  slavery  in  advance,  and  in  diverse  ways  ;  among 
others,  prohibiting  slaves  from  being  carried  into  the  territory, 
unless  by  their  owners,  who  shall  be  citizens  of  the  United  States; 
and  unless  taken  there  with  a  view  to  actual  settlement.  All  the 
vast  territory  of  Louisiana  was  settled  under  these  restriciions. — 
In  1S2U,  It  was  again  declared  by  Cingress,  on  the  settlement  of 
the  Missouri  question,  that  slavery  should  not  exist  in  lhat  Mate 
north  ol  thirty-six  degrees,  thirty  minutes  north  lattiiude.  Con- 
gress has  again  and  recently  exercised  the  same  power  as  to  Ihe 
settlement  ol  slaves  in  Oregon.  Are  these  repeated  precedents, 
coeval  almost  with  the  commencement  of  our  government,  and 
coming  down  to  the  present,  to  go  for  nothing?  It  does  seem  to 
me — 1  say  it  with  great  respect — that  if  tiiere  ever  were  any 
doubts  on  this  question,  as  to  the  power  of  Congress  to  legislate 
\\  itli  respect  to  slavery  in  the  territories,  those  doubts  must  bo 
lieUl  settled  by  the  past  conduct  of  the  government.  Thus  much 
in  vindication  of  past  vote?  on  this  subject.  But  I  will  now  say 
again  that  1  trust  and  hope  that  as  regards  the  territory  north  of 
thirty-two  degrees,  which  wo  may  acquire  from  Mexico  by  virtue 
of  this  treaty,  this  question  may  be  at  rest.  I  hold  it  to  be  an  act 
of  wisdom,  as  well  as  of  patriotism,  to  agitate  it  only  when  its 
agitation  becomes  matter  of  necessity,  and  with  a  view  to  practi- 
cal results.  But  let  the  north  bear  it  in  mind — let  it  never  be  for- 
gotten, that  if  the  question  be  not  settled  now,  the  line  will  proba- 
bly be  pushed,  in  hiturc,  further  south;  it  will  go  so  far  south  as 
to  incorporate  territory  which  will  clearly  be  slave  terrilorj — ter- 
ritory where  slaves  may  bo  employed,  not  in  agricultural  pursuits, 


April  11.] 


CALIFORNIA  CLAIMS, 


479 


only,  but  in  tlio  productions  of  the  precious  metals — the  worst, 
the  most  faiiil  ol  ail  species  of  production  that  can  curse  the  ;n- 
dusiry.  or  bli^lit  the  prosperity  of  nations. 

I  have  said  here,  as  I  said  in  this  chamber  in  secret  session,  that 
the  true  question — the  practical  question  before  us,  and  the  country, 
was.  not  whether  we  would  take  this  territory  or  no  territory,  but 
whether  we  would  lake  this  territorv  or  more  territory.  This,  it 
seems  lo  me,  is  the  real  practical  quest  ioo  which  presents  itself  to 
our  consideration.  In  taking  this  position  I  was  actuated  by  no 
fear  of  Executive  power  ;  no  fear  of  Mr.  Polk,  as  the  honorable 
Senator  would  seem  to  intimate  ;  the  position  was  taken  upon  a 
calm  and  careful  examination  of  the  stale  of  things  by  wliich  we 
were  surrounded,  and  reflection  upon  what  would  be  tiic  state  ot" 
things  at  the  end  of  another  campaign  ;  after  more  treasure  had 
been  wasted,  more  lives  expended  ;  after  Mexico  sliould  have  been 
more  effectually  and  ^ully  broken  to  jiieces  on  our  hands,  in  a  state 
of  utter  disorganization.  The  honorable  Senator  from  Massachu- 
setts even  seemed  to  admit,  by  inference  at  least,  that  it  would  be 
well  for  us  to  stop  here  if  wo  could,  but,  says  he,  "  is  there  any 
one  weak  enough  to  suppose  that  possible  ?"  Uo  they  not  even 
now  speak  of  taking  possession  of  Seiihora  and  of  Tamauiipas,  and 
of  other  nf  the  States  of  Northern  Mexico  ?  Sir,  I  am  lot  to  bo 
deterred  by  the  form  of  this  question  of  the  distinguished  Senator 
from  giving  it  an  answer.  As  to  this  lust  of  dominion  of  which  ho 
speaks,  whellior  it  may  stop  where  it  is,  or  whether  "manifest  de- 
stiny," or  something  else  shall  give  it  a  fresh  start,  neither  the  Se- 
nator nor  I  can  tell.  God  only  knows,  and  to  us  at  least  the  fu- 
ture alone  will  determine  ;  but  one  thing  is  certain,  that  there  is 
less  hazard  from  such  a  contingency  than  there  is  if  we  permit 
this  lust  of  dominion  to  continue  ils  course,  unchecked  and  uncon- 
trolled, now.  But,  says  the  Senator,  the  country  obtained  is  not 
worth  a  dollar.  Be  it  so,  for  the  sake  of  the  argumeut.  He  knows 
and  I  know,  that  ils  possession  will  involve  the  country  in  vast  ex- 
penditures for  its  territorial  government,  for  its  protection  from  the 
incursions  of  Indians,  for  the  establishment  of  distant  military 
posts.  Is  not  this  likely  at  least  to  sate  the  appetite  i'or dominion? 
But,  no,  says  the  Senator  ;  as  well  might  you  suppose  that  ''a  ra- 
pacious animal  that  had  made  one  unsuccessful  foray  will  not  strive 
for  a  better."  Sir,  I  always  mistrust  an  argument  that  comes 
simply  iu  the  form  of  a  metaphor,  and  I  am  struck  with  the  fact, 
that  whenever  and  wherever  I  have  made  this  suggestion,  the  Se- 
nator, contrary  to  his  wont,  lias  always  answered  in  metaphor.  If 
I  have  said,  take  the  line  that  isoirered  lest  worse  come  hereafter, 
the  answer  has  been,  no,  it  is  of  no  use,  "the  appetite  grows  by 
what  it  feeds  on  ;" — it  is  of  no  use,  "  the  force  of  a  projectile  is 
but  increased  by  every  new  application  of  power  ;" — it  is  of  no  use, 
"an  animal  vvliieh  has  made  one  unsuccessful  foray  will  strive  for  a 
better;" — all  metaphor,  metaphor!  and  the  Senator's  argu- 
ment  carried  out  in  metaphor,  amouts  to  this — a  rapacious  ani- 
mal roused  to  madness,  thirsting  for  blood,  is  not  to  be  quieted 
for  a  time,  lest  it  may  gather  its  strength  for  another  bound. 
Sir,  I  hold  to  nothing  of  the  kind;  this  lust  of  dominion  may 
return  again — of  that  the  future  only  can  tell — but  is  it  not 
something — is  it  not  much  that  for  the  present  we  stop  it  here  and 
now  1 

But  it  is  said  that  this  treaty  may  not  be  ratified.  Bnt  I  believe 
it  will  be,  but  grant  that  it  is  not.  Are  wo  worse  ofT?  Do  we 
not  stand  rather  better  in  the  eyes  of  humanity,  in  the  eyes  of  the 
world?    We  manifest  some  readiness  for  peace;  we  leave  Mexi- 


co her  nationality;  we  pay  her  the  full  valne  of'at  least  every  thing 
we  take  from  her  ?  But  what  to  me  is  more  than  this,  if  we  suc- 
ceed in  the  hoped  for  result,  we  end  the  war— we  fix  a  line  which 
will  subject  us  to  fewer  evils  than  any  which  is  likely  to  be  forced 
upon  us  by  politcal  adversaries  hereafter. 

These  are  the  views,  in  brief,  which  have  controlled  ray  conduct 
upon  this  question.  I  have  some  confidence — an  abiding  hope,  at 
least,  that  we  have  seen  the  end  of  this  wretched  war.  1  trust  that 
the  flag  of  my  country  will  never  again  be  red  with  Mexican  blood. 
The  gallantry  of  our  troops  has  carried  it  through  smoke  and  fire 
from  the  coast  to  the  capital — frpm  the  waters  of  the  gulf  to  the 
very  Halls  of  the  Aztec.  There,  there  let  it  lest;  may  its  every 
fold  fall  peacefully  around  the  flag-staff — may  not  a  breath  of  hu- 
man passion   ever    again    open  one  on  a  Mexican  battle   field. 

I  know  not  how  recent  events  ,in  the  European  world  may  have 
affected  the  minds  of  other  men,  but  for  myself,  I  feel  that  in  this 
strange  juncture  in  the  world's  progress,  America,  the  great  mov- 
ing cause  and  example,  should  be  at  rest.  In  peace,  there  is  at 
this  moment  to  us  a  peculiar,  a  moral  fitness.  If  one  half  that  we 
hear  be  true,  an  intense  interest  must  soon  attach  itself  to  us,  and 
to  our  institutions.  We  are  soon  to  become  the  cynosure  of  all 
•yes — the  "  observed  of  all  observers,"  among  nations.  Consider 
well,  I  pray  you,  the  spectacle  that  we  now  present,  as  the  great 
model  republic,  preying  upon,  grinding  to  powder,  our  weak,  help- 
less, and  only  almost  sister  republic.  But,  sir,  it  is  not  only  fit  in  a 
moral  point  of  view,  that  we  should  be  at  peace,  but  providential 
considerations  counsel  us  to  the  same  course.  The  atmosphere  of 
the  old  world  is  portentous  of  change  ;  her  air  is  thick  and  murky; 
the  clouds  are  lurid;  nations,  like  men,  are  literallv  holding  their 
breath  in  momentary  expectancy  of  the  burst  which  may  follow, 
and  I  tell  you,  sir,  that  you  have  not  vet  seen  even  the  beginning 
of  the  end!  I  tell  you  that  nations  and  kingdoms,  which  are  the 
growth  of  ages,  do  not  go  out  without  a  struggle,  nor  in  a  day  ; 
I  tell  you  that  Iftrge  classes  of  men  concentrating  vast  wealth, 
born  to  power  and  dominion,  do  not  abandon  their  supposed  des. 
tiny  as  a  thing  of  yesterday.  What,  though,  a  king  may  be 
stricken  down  !  What,  though,  the  sons  of  a  king  may  fall  away, 
like  leaves  from  the  oak  that  is  blasted  ;  the  great  problem 
yet  remains,  can  30,000,000  of  mercurial  Frenchmen,  of  whom 
about  six  or  seven  millions  only  can  read  and  write,  with  no  know- 
ledge of  free  institutions,  no  experience  in  the  elective  franchise, 
can  they  be  made  in  a  day,  an  hour,  the  safe  depository  of  sove- 
reign power  ?  Sir,  I  distrust  the  future  ;  it  rises  before  my  mind's 
eye  black  with  anarchy,  red  with  blood.  Even  although  the  na- 
tions of  Europe  stand  aloof,  yet  the  excited  materiel  of  France 
herself  may  burst  into  flame,  though  chafed  by  nothing,  save  the 
friction  of  its  own  parts.  Should  this  be  so,  the  old  world  wdl 
spring  to  its  arms  iu  a  day !  In  the  dreadful  strui-gle  which  must 
follow,  it  becomes  this  lepublic  to  stand  "at  guard."  Let  her 
gather  in  her  resources  ;  let  her  husband  her  streng'h  ;  let  her 
stand  calm,  fixed,  unmoved,  6S  the  main  land,  when  the  distant 
swell  rolls  in  upon  it! 

Mr.  MASON  took  the  floor,  with  a  view  of  addressing  the  Se. 
nate,  but  the  usual  hour  of  adjournment  having  arrived, 

On  motion, 

The  Senate  adjourned. 


480 


PETITIONS— RESOLUTIONS,  ETC. 


[Wednesday, 


WEDNESDAY,  APRIL  12,  1848. 


PETITIONS. 

Mr.  DAVIS,  of  Massachusetts,  presented  the  memorial  of  Samp- 
son and  Tappan,  and  others,  merchants  and  importers  of  the  city 
of  Boston,  praying  tlie  reimbursement  of  certain  duties  paid  by 
them,  and  that  hereafter  duties  shall  be  assessed  on  merchandize 
acoording  to  the  actual  quantity  received,  without  regard  to  the 
quantity  stated  in  the  mvoice. 

Mr.  DAVIS  remarked  that  these  memorialists  represent  that 
the  tariff  of  1846  contams  ]  revisions  which  compel  them  to  have 
the  duty  assessed  on  the  invoice  value  ;  that  on  many  articles,  such 
as  liquors,  sugars,  oils,  &c.,  there  is  great  wastage,  either  from 
leakage  or  evaporation,  and  the  articles,  on  being  landed,  fall 
short  in  gauge,  weight,  or  measure  from  the  (juaniiiy  represented 
by  the  invoice  to  have  been  shipped  ut  the  place  of  exportation, 
and  thus  the  importers  have  been  obliged  to  pay  duty  on  the  full 
quantity.  They  ask  that  the  clause  may  be  so  amended  that  some 
allowance  shall  be  made,  in  estimating  duties,  for  any  deficiency 
from  the  invoice.  Although  he  did  not  regard  it  as  a  very  grave 
or  rrreat  matter,  still  he  might  be  pardoned  for  calling  the  atten- 
tion of  the  Committee  on  Finance  to  the  subject,  and  asking  that 
committee  to  take  it  into  consideration  and  make_  an  early  report. 

The  memorial  was  referred  to  the  Committee  on  Finance. 

Mr.  CAMKRON  submitted  documents  relating  to  the  claim  of 
William  Parkeson,  a  soldier  in  the  last  war  with  Great  Britain, 
to  a  pension  ;  which  was  referred   to  the  Committee  on  Pensions. 

Mr.  LEWIS  presented  a  petition  of  John  F.  Callan  and  others, 
citizens  of  Washington,  in  the  District  of  Columbia,  praying  the 
enactment  of  a  law  to  incorporate  the  Washington  Gas  Light 
Company  ;  which  was  referred  to  the  Committee  on  the  District 
of  Columbia. 

Mr.  RUSK  presented  the  memorial  of  William  Greer,  praying 
the  repayment  of  an  amount  of  postage  which  he  was  required  to 
pay  on  certain  vonchers  called  for  in  The  settlement  of  his  account 
against  the  Post  Office  Department  ;  which  was  referred  to  the 
Committee  on  the  Post  Office  and  Post  Roads. 

On  motion  by  Mr.  BENTON,  it  was 

Ordered,  That  the  petition  of  Isaac  W.  Taylor  and  others,  le- 
gal reprensatives  of  Jacques  Clamorgan,  on  the  files  of  the  Sen- 
ate, be  referred  to  the  Committee  on  Public  Lands. 

On  motion  by  Mr.  CLARKE,  it  was 

Ordered,  That  the  representatives  of  Moses  Shepherd  have 
leave  to  withdraw  their  memorial  and  papers. 

THE    CONSTITUTION. 

Mr.  BADGER  submitted  the  following  resolution  for  consider- 
ation. 

Resolved,  That  the  Secretary  of  the  Senate  purchase,  for  the  use  of  the  Senate, 
two  thousand  copies  of  the  constitution  of  the  United  Slates  of  America,  with  an  al- 
phabetical analysis,  prepared  and  published  by  W.  Hickey,  provided  the  same  can  be 
porchosed  at  a  price  per  copy  not  exceeding  that  paid  for  lO.OUO  copies  ordered  to  be 
purchased  by  a  resolution  of  the  Senate  adopted  on  the  18th  day  of  February,  1847. 

PBOCEEDINGS  OF  THE  FBEMONT  COURT  MARTIAL. 

On  motion  by  Mr.  BENTON,  it  was 

Ordered,  That  three  thousand  additional  copies  be  printed  ol  the 
proceedings  of  the  court  martial  in  the  case  ol  Lieutenant  Colonel 
Fremont. 

REPOKT  OF  THE  COMMISSIONER  OF  THE  LAND  OFFICE. 

On  motion  by  Mr.  BREESE,  it  was 

Ordered,  That  three  thousand  additional  copies  of  the  report  of 
the  Commissioner  of  the  General  Land  Office  be  printed  for  the  use 
of  the  Senate 

PRIVATE    BILLS. 

Mr.  HANNEGAN,  from  the  Committee  on  Foreign  Relations, 
to  whom  was  referred  the  bill  from  the  House  of  Representatives, 
dlrectinc  the  mode  of  settling  the  claim  of  Charles  G.  Ridgley, 
reported  it  with  an  amendment. 

Mr.  DIX,  from  the  Committee  on  Commerce,  to  whom  was  re- 
ferred the  bill  from  the  House  of  Representatives  for  the  relief  of 
William  Harding,  reported  it  without  amendment. 

SALE    or    RESERVED    LANDS. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  to  authorize  the  sale  of  reserved  lands,  and 
for  other  purposes,  reported  it  without  amendment. 


ADVERSE    KEPORT. 

Mr.  UPHAM,  from  the  Committee  on  Revolutionary  Claims, 
to  whom  was  referred  the  memorial  of  the  executor  of  Nathan 
Lamme,  submitted  an  adverse  report;  which  was  ordered  to  be 

printed. 

On  motion  by  Mr.  BREESE,  it  w'&s 

Ordered,  That  the  Committee  on  Public  Lands  be  discharged 
from  the  further  consideration  of  the  petition  of  David  B.  Sears. 

CHANGE    OF    REFERENCE. 

On  motion  by  Mr.  NILES,  it  was 

Ordered,  That  the  Committee  on  the  Post  Office  and  Post 
Roads  be  discharged  from  the  f  irt'ier  consideration  of  the  bill 
li-om  the  House  of  Representatives  for  the  relief  of  Elizabeth  Con- 
verse, widow  of  Josiali  Converse,  and  that  it  be  referred  to  the 
Committee  on  Revolutionary  Claims. 

DOWER    CASES    IN    THE    DISTRICT    OF    COLUMBIA. 

Mr.  ASHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  bill  relating  to  dower,  reported  it  without  amend- 
ment. 

PENSION    BILLS. 

Mr.  DAVIS,  of  Mississippi,  from  the  Committee  on  Pensions, 
to  whom  was  referred  the  petition  of  Christopher  Cummingham, 
submitted  a  report  accompanied  by  a  bill  for  his  relief. 

The  said  bill  was  read  the  first  and  second  times,  by  unanimous 
consent,  and  considered  as  in  Committee  of  the  Whole  ;  and  no 
amendment  being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed,  and  read  a  third  time. 

The  said  bill  was  read  a  third  time,  by  unanimous  consent. 

Besolveil,  That  this  bill  pass,  and  that  the  title  thereof  be  "An  act  for  the  relief  of 
Christopher  Cummingham." 

Ordered,  That  the  Secretary  request  the  concurrence  of  tha 
House  of  Representatives  therein. 

Mr.  FELCH,  from  the  Committee  on  Pensions,  to  whom  were 
referred  the  bills  from  the  House  of  Representatives  for  the  relief 
of  Thomas  Badger  ;  for  the  relief  of  Samuel  Cony  ;  for  the  relief 
of  William  T.  Brady  ;  and  granting  a  pension  to  John  Morrison, 
reported  them  without  amendment. 

LAND  CLAIM   IN   FLORIDA. 

Mr.  DOWNS,  from  the  Committee  on  Private  Land  Claims,  to 
whom  was  referred  the  memorial  of  Peter  B.  Dumas,  reported  a 
hill  for  the  relief  of  Jose  Argote  Villalobos  Marie  Ro.se  Francois 
Felix  Marquis  de  Fougeres,  or  their  heirs  or  legal  representatives. 

The  said  bill  was  read  the  first  and  second  times,  by  unanimous 
consent,  and  considered  as  in  Committee  of  the  Whole  ;  and  no 
amendment  being  made  it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Reaolved,  That  this  bill  pass  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

NAVAL  PENSIONS. 

Agreeably  to  notice,  Mr.  HALE  asked  and  obtained  leave  to 
bring  in  a  bill  in  addition  to  an  act  for  the  more  equitable  distribu- 
tion of  the  Navy  pension  fund  ;  which  was  read  the  first  and  se- 
cond times,  by  unanimous  consent,  and  referred  to  the  Committee 
on  Naval  Affairs. 

SURVEYS  IN  FLORIDA. 

Mr.  WESTCOTT,  by  unanimous  consent,  asked  and  obtained 
leave  to  bring  in  a  bill  rcipectiiig  certain  surveys  in  the  State  of 
Florida;  which  was  lead  the  fi'st  and  second  times,  by  unanimous 
consent,  and  referred  to  the  Committee  on  Public  Lands. 

THE    PUBLIC  PRINTING. 

The  Senate  proceeded  to  consider  the  following  resolution  sub- 
mitted by  Mr.  Badger,  on  the  10th  inst.,  and  it  was  agreed  to  : 

Resolved,  That  the  Committee  on  Printing  he  instructed  to  inquire  into  the  expe- 
diency of  rcpcahnt;  the  ioint  resolution  approved  third  d.iy  of  Aupiist.  1846,  entitled 
a  "  Joint  RcFoIulion  airecling  the  mannoi  of  procuring  the  prluting  for  the  two 
Houses  of  Congress.",; 


Atril  12.] 


CALIFORNIA  CLAIMS, 


481 


THE  SUPREME  COCET. 

Mr  MANGUM  moved  that  the  Senate  proceed  to  the  consider 
arion  of  the  motion  made  bv  Mr.  Foote.  on  ihe  10th  .nst.,  to  re 
consider  the  vote,  on  passing  to  a  tlurd  readin<;  the  bill  supple- 
mental 10  the  act  entitled  "  an  act  concerning  the  ijupreme  Court 
of  the  United  States,  approved  June  17,  1844." 

Mr.  ASHLEY  called  for  the  yeas  and  nays  on  Ihe  motion,, 
which  were  ordered;  and,  the  question  having  been  taken,  it  re- 
sulted a?  I'ollows  : 

YEAS  —Messrs.  Alcliison,  B«ll.  Berrien.  Brew,  Bullcr.  ria.l<e.  Crillenilen.  Divis, 
of  Massnchusetts.  Downs.  Greene,  Hannegan,  Mangura,  Mason.  Miller,  Niles,  Pearce. 
Phelpi.  Rush,  Utiham.— 19. 

NAYS  —Messrs.  A'Her.  Badger,  Ba^bv.  Bi-nton,  Bnght.  C.ilhonn.  Cameron, 
D»vls.  of  Mississippi.  Dickinson.  Din.  Feloh,  Hale,  Johnson,  of  Georgia,  Lewis, 
Bproance,  Turney,  Westcoll.— 17. 

The  question  rccuiring  on  the  motion  to  reconsider— 

Mr.  ASHLEY  observed  that  the  vote  which  had  just  been  given 
was  the  same  as  that  on  refusing  to  ens;ross  tlie  bill;  in  the  former 
case  the  vote  stood  yeas  17,  nays  19.  It  was  evident,  ihere- 
fore,  that  the  Senate  was  not  more  full  than  when  that  vote  was 
taken. 

Mr.  MANGUM  thought  the  Senate  was  now  as  full  as  it  was 
likely  10  be,  and  he  therefore  moved  to  proceed  to  vole  on  the  ques- 
tion of  reconsideral  ion. 

Mr.  TURNEY  demanded  the  yeas  and  nays  on  the  question, 
which  were  ordered;  and,  being  taken,  resulted  as  follows  : 

YEAS— Messrs.  Atchison.  Bell.  Berrien,  Breese.  Duller,  Cameron,  Ciarkft,  Cor- 
win,  Crittenden,  Davis,  of  Massacliuselts,  Downs,  Greene,  Ilannegan,  Hunter,  Man- 
cnm'    Mason,  Miller.   Niles,  Pearce,  Phelps,  Rusk,  L'pham.— 22. 

NAYS  — -Messrs,  Ashley.  Bailcer.  Bagby,  Benlon.  Uright,  Calhoun.  Davis,  of Misiis- 
iippi,  Dickinson,  Dix,  Feloh,  Hale,  Johnson,  of  Georgia,  Letvis,  Spruance,  Turney, 
Westcoll,— 16. 

The  question  then  recurring—"  Shall  tiiis  bill  pass  to  a  third 
reading  ?" — 

Mr.  MANGUM  observed  that  he  did  not  care  to  press  the  vole 
at  this  time,  and  if  the  Senator  from  Arkansas  wonld  intubate  any 
early  day  for  its  consideration  he  would  be  satisfied. 

Mr.  ASHLEY  named  Monday  next. 

The  further  consideration  of  the  question  was  then  postponed 
to,  and  made  the  order  of  the  day  for,  Monday  the  17th  inst. 

THF  FRANKING   PRIVILEGE. 

On  motion  by  Mr.  BADGER,  the  prior  orders  were  suspended 
and  the  Senate  resumed  the  consideration,  as  in  Committee  of  the 
Whole,  of  the  bill  to  declare  llie  true  intent  and  meaning,  so  far  as 
respects  the  franking  privilege  of  mcmbeis  of  Congress,  of  the  act 
approved  the  1st  of  March  "1840,  and  entitled  "An  act  to  amend 
the  act  entitled  '  an  act  to  reduce  the  i^tes  of  postage,  to  limit  the 
use  and  correct  the  abuse  of  the  franking  jirivilege,  and  for  the 
prevention  of  frauds  on  the  Post-office  Department,'  passed  3d 
March  1845,  '  and  for  other  purposes.'  " 

No  amendment  being  made  the  bill  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  th^rd  time,  by  unanimous  consent. 

Resolved.  That  this  bill  pass,  and  that  tlie  title  thereof  be  as  aforesaid . 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

COKMOEORE    PARKER. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  lor  the  relief  of  Commodore  Foxall  A.  Parker,  of 
the  United  States  Navy;  and  no  amendment  being  made  it  was 
reported  to  the  Senate. 

Ordered,  That  it  bo  engrossed  and  read  the  third  time. 

The  said  bill  was  read  a  third  time,  by  unanimous  consent. 

Rfsotved,  That  this  bill  pass,  antl  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

THE    PILOT   LAWS. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  to  repeal  the  act  of  20th  March,.  1837,  entitled  "Au 
act  concerning  Pilots;"  and 

On  motion  by  Mr.  DIX,  the  further  consideration  thereof  was 
postponed  until  to-inorrow. 

MESSAGE    FROM    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives by  Mr.  Campbell,  their  clerk  : 

Mr.  President ;  The  President  of  the  United  Stales  approved  and  sicrned,  the  8lh  in- 
staat,  the  act  to  change  the  location  of  certain  light  houses  and  buoys. 

Tiie  House  of  Representatives  have  concurred  in  the  resolution  of  the  Senate  ten- 
dciing  the  congratulations  of  Uie  American  to  Uie  French  people. 

Thev  have  passed  a  bill  making  appropriations  for  the  support  of  the  Military  Acad- 
emy, for  the  vear  ending  the  30lh  ol  June,  IS49;  in  which  Ihey  request  the  concur 
ance  of  tlio  Senate. 

30th  Cong.— 1st  Session; — No.  61, 


The  Speaker  of  ;he  Hour*  of  Representatives  having  signed  two  enrolled  bills,  Z 
cm  directed  to  bring  their,  -o  ilie  Senate  for  the  signature  of  their  PresideoL 

SlG.VlNG  or  BILLS. 

The  Vice  President  signed  the  enrolled  bills  for  the  relief  of 
Peter  Engles,  senior;  and  lor  the  relief  of  the  legal  representative* 
of  George  Fisher,  deceased. 

WEST    POINT    APPROPRIATION   BILL. 

The  bill  from  the  House  of  Representatives  making  appropria- 
tions for  the  suppor;  of  the  Military  Aciulemy  for  the  vear  ending 
the  3Utb  o(  June,  1S49.  was  read  the  first  and  second  times,  by 
unauimous  consent,  and  referred  to  the  Committee  on  Finance. 

CALIFORNIA  CLAIMS. 

The  Senate  resumed  the  consideration,  as  in  Coramitlee  of  th« 
Whole,  of  the  bill  lor  ascertaining  and  paying  the  California 
Claims. 

Mr.  MASON. — The  bill  which  is  under  consideration,  although 
it  has  the  very  unassuming  lille  of  "a  bill  fur  ascertaining  and 
paving  the  Californi.i  cliiras,"  will,  I  think,  bo  found,  on  examina- 
tion, 10  present  matter  of  very  deep  interest  to  the  character  of 
our  republic,  to  the  history  which  is  to  be  written  hereal'tt-r  of  tho 
existing  war  with  Mexico.  It  is  my  purpose,  Mr.  President,  to 
confine  the  remarks  wliich  I  offer  to  the  Senate  strictly  to  this  hill, 
and  to  the  matieis  necessarily  connected  with  it.  as  they  have  been 
developed  in  the  report  of  the  Committee  on  Military  Affairs 
which  accompanies  the  bill. 

Sir,  we  have  been  told  by  the  public  press,  and  somewhat 
taunted  by  the  press  on  the  other  side  of  the  Ailantic,  with  tha 
charge  that  the  United  States  of  America  exhibited  to  the  world 
the  spectacle  of  a  republic  waging  a  war  against  a  sister  re|iuhlic, 
a  war  waged  on  her  part  as  a  war  of  aggression,  waged  in  the 
lust  of  dominion  for  the  purpose  of  conquest,  and  for  th",  increasft 
of  her  territory.  The  same  language,  1  am  sorry  to  say,  has  been 
held  nn  the  floors  of  legislation;  and  if  it  were  true  it  would  form 
a  dark  page,  and  I  humbly  hope  the  only  dark  page  so  far  in  the 
unwritten'history  of  our  ctjuntry.  Sir,  in  relation  to  this  war  with 
Mexico,  when  the  pnssions  of  the  duy  have  suhbided,  when  reason 
and  intellect  shall  lake  a  fair  and  unbiassed  survey  of  it,  of  tho 
causes  that  brought  :t  on,  and  of  its  conduct  on  our  part,  I  atn 
satisfied  that  tho  character  of  tho  country  will  stand  redeemed  in 
the  eyes  of  posterity. 

Mr.  President,  an  honorable   Senator  who  sits  on  the  opposite 
side  of  the  chamber  has  declared  that  the  war,  so  much  condemned 
by  his  political  associates  as  a  war  of  aggression,  was,  in  fact  and 
in  truth,  a  just,  a  necessary,  and  an  honorable  war.     I  mean  tho 
honorable   Senator  from   Maryland — a  tribute  which  the   Senator 
has  beautifully  paid  ;o  the  position   of  an   independent  statesman, 
illustrating,  as  he  lias  done,  how  difficult  a  task  it  is,  on  some  oo- 
cissions,  to  bring  tht  broad  duty  of  the  patriot  within   the  narrow 
limits  of  party  oblifrs.tions.     Sir,  Mexico   began   tho  war.     This 
stands  recorded   as  a  tact  on  your  statute  book.     And  although 
gentlemen  may  say  that  the  vote  they  gave,  was   given  under 
protest,  the  fact  is  nevertheless  recorded  as  that  which  will  pre- 
sent   the   material    .'or   history.      If    I    am    capable   of   arriving 
at  truth  in   a  matter    passing   before    my  own   eyes    and   under 
my    own   observation,    I,   for    one,    could    not    hesitate    to    de- 
clare   to  the   American   people   and   to   the   world,  not  only  that 
tho  war  was  a  just   and    necessary   war,  but  that  it  could    not 
have    been    avoidet    without   dishonor.     It    was    crnimenced    by- 
Mexico  in   the  invasion  of  one  of  the  States  ol  this  confederacy, 
an  invasion  by  the  hostile  forces  of  that  country,    made   under  the 
authorized  declaration  of  the  commander  of  its  army,  and  of  the 
chief  executive  oflici'r  of  the  government,  that  they  had  sufficient 
cause  of  war;  that  cause  being  the    fact,    that    by  an    act  of  tho 
Ameri"an  Congress  we  had  entered  into  a  compact    with  a   sove- 
reign and  independent  republic,  which  resulted  in  a  change  of  tho 
government  of  that  ;  cpublic — I  mean  the  republic  of  Texas.     I  do 
not  desire  to  go  at  all  into  the  details  connected  with  the  general 
history  of  the  Mexican  war,   but  I  will  say  this,  and  might  appeal 
to  the  world  for  its  iiroof,  that  just  and  una^dable  in  its  inception 
the  whole  conduct  aid  management  of  the  war  has  spread  around 
our  country  and  its  iiisiitutions  honor  in  everything;  not  only  in  the 
unparalleled  victories  obtained  by  our  arms,  but  in  the  dignity  and 
the  forbearance  unilurmly  shown  by  this  republic  to  deluded,  infat- 
ualed  Mexico.     Every   occasion   was   embraced    to  hold   out   to 
Mexico  the  right    h;.nd    of  fellowship.     Concessions    were   made 
which,  if  to  a   couniiy  really   formidable  for  her  military  power, 
might  well  have  subjected  cur  government  to  the  charge  of  pusil- 
lanimity— concessions  which  she   could  afTord   to  make,  because 
conscious  of  her  honor,   strength,   and  of  the  justice  of   the  war, 
and  conscious  that  JMexico  was  too    weak  to   admit  of  such  con- 
cession being  misconstrued. 

These  California  claims,  Mr.  President,  become  interesting,  in 
my  apprehension,  not  only  because  of  the  circumstances  out  of 
which  they  arose,  which  were  strikingly  exhibited  on  Monday 
last  before  the  Senate  by  an  honorable  Senator  from  Missoiu'i, 
[Mr.  Benton,]  hut  because  of  the  fact  appearing  from  the  report 
of  the  Committee  on  Military  AB'airs,  that  they  involve  expendi- 
tures unauthorized  by  law,  expenditures  for  military  operations, 
which  were  conducted  without  the  authority  of  this  government. 
It  becomes  ijnportant  then  to  the  character  of  our  country  that 
these  claims  wUioh  we  propose  by  this   bill  to  recognize  and  pay, 


482 


CALIFORNIA  CLAIMS. 


[Wednksday, 


should  be  properly  and  distinctly  midvslood,  and  their  proper 
place  assigned  them  in  the  legislfi'.ivo  history  of  this  coan- 
Iry.  If  this  be  not  done,  future  history  may  refer  to  them  also  in 
evidence  of  the  general  charge,  that  the  war  originaiinp  in  a 
spirit  of  rapine  and  conquest,  an  insurrection  was  covertly  foment- 
ed in  the  remote  province  of  California,  as  part  of  the  general 
scheme  of  extended  dominion.  The  report  from  the  Committee 
on  Military  Affairs  has  made  a  very  full  exposition  of  this  matter. 
The  payment  of  these  claims  has  been  recommended  to  Congress 
by  the  Secretary  of  War  m  his  annual  report  communicated  to  us 
at  this  session,  to  which  I  shall  have  occasion  to  advert. 
But  they  are  brought  immediately  under  the  consideration 
of  the  Senate  in  tlie  very  unassuming  form  of  a  private 
memorial  asking  for  their  payment.  It  is  the  memorial  of 
Lt.  Colonel  Fremont,  who,  at  the  time  these  liabilities  and 
obligations  were  contracted,  was  an  officer  in  the  military  service 
of  the  United  States.  The  character  of  these  claims,  or  rather 
the  character  of  the  military  operations  out  of  which  they  have 
arisen,  is  very  clearly  and  succinctly  stated  in  that  memorial.  It 
is  asserted  by  Col.  Fremont, 

"That,  JD  June  of  the  year  1846,  being  then  a  brevet  captain  of  topoin'aphical  en- 
gioeers  in  the  service  of  the  United  ?tatfs,  and  employed  as  such  in  f'alil'ornia,  he  en- 
gaged in  military  operations  with  the  prople  of  the  country  for  the  estnbli».hmpnt  of 
the  iudependeuce  ofCahlbrnia.  hefore  the  i-.Tislence  of  war  between  the  United  States 
and  Mexico  was  known,  and  was  successful  in  said  undertalting  ;  the  independence  of 
Cahfoinia  beiuf:  pioclaimed  at  Sonoma  on  the  5lh  day  of  July,  and  the  Mexican  for 
ees  routed  and  dispersed.  That,  immediately  on  hearing  of  the  war  between  the  Uni- 
ted States  and  Mexico,  the  flag  of  independence  was  pulled  down  and  that  of  the 
United  States  ran  up  in  its  place,  and  under  this  flaj;  military  service  was  rendered  to 
the  United  States  until  the  contjuest  was  complete,  and  supplies  oblained  from  the 
people  mostly  on  credit  of  cerliticates  given  for  them.  That,  after  the  conquest,  a 
temporary  government  was  formed  ;  the  expenses  of  which.  like  those  incurred  for 
military  operations,  are  mostly  yet  unpaid,  and  should  be  paid  by  the  United  States, 
to  whom  all  the  benefits  of  tiie  conquest  of  California  has  accrned." 

Here,  sir,  we  find  the  fact  distinctly  avowed,  that  apart  of  these 
claims  which  we  are  called  on  to  pay — and  which  I  aiu  free  to  ad- 
mit, fiom  the  consideration  which  I'have  given  to  the  subject,  I 
feel  the  necessity  and  propriety  of  paying— were  incurred  in  mili- 
tary operations  accidentally  commencing  after  war  had  broken  out 
between  the  two  countries,  but  before  that  fact  was  in  any  man- 
ner known  at  the  scene  of  operations. 

The  circumstances  attending  this  war  in  California  I  must  bo 
permitted  briefly  to  allude  to,  as  they  are  contained  in  the  report 
of  the  committee.  In  my  humble  judgment  the  officer  from  whose 
memorial  I  have  read,  was  fully  justified  in  what  he  did.  But  it 
becomes  us  the  more  to  ascertain  its  character,  to  give  to  the 
country  the  reasons  for  the  judgment  which  we  are  about  passing 
on  the  subject.  An  officer  of  the  topographical  corps  of  the  Uni- 
ted States  who  h;id  been  justly  distinguislied  for  his  scientific  ex- 
plorations in  California,  and  in  the  adjoining  territory  of  Oregon 
ibr  some  two  or  three  years  preceding,  lound  himself  in  California 
in  the  spring  of  1846,  with,  an  armed  party  but  still  a  civic  one, 
there  by  permission  of  the  authorities  of  California  in  n  pursuit 
purely  pacific  lor  the  advancement  of  general  science.  He  was 
informed,  or  rather  he  saw  from  the  extraordinary  iealousy  of  cha- 
racter which  seems  to  appertain  to  the  whole  Mexican  people, 
that  sort  of  suspicion  wliich  is  incapable  of  comprehending  any 
broad  or  elevated  purpose  or  object  in  life— that  his  only  hope  to 
escape  from  actual  military  collision  with  the  authorities  of  Cali- 
fornia was  to  abandon  the  country  and  to  get  beyond  its  jurisdic- 
tion, and  this,  although  he  had  asked  their  hospitality,  and.  that 
hospitality  had  been  promised.  And  thus  we  are  told,  that  in  the 
spring  of  1846,  finding  that  such  was  the  state  of  feeling  around 
him  with  the  authorities  of  California  he  deemed  it  wise,  in  order 
to  avoid  collision,  to  abandon  the  country  and  to  pass  into  the  ad- 
joining territory  of  Oregon.  He  did  so,  and  with  him  his  whole 
party. 

Although  hostilities  l^jid  not  broken  out  between  this  government 
and  Mexico,  yet  the  aspect  of  affairs  was  so  threatening  as  to  ren- 
der it  expedient  in  the  eyes  of  the  President  and  of  the  public  func- 
tionaries here,  to  determine  that  no  foreign  power,  especially  that  of 
Great  Britain,  should  avail  themselves  of.  or  should  seize  the  oppor- 
tunity  atlordedby  the  weakness  and  the  imbecility  of  Mexico,  to  pos-. 
sess  herself  of  territory  on  this  continent.  Accordingly ,  an  officer  was 
despatched  to  California  Ibr  the  purpose  of  conferring  with  our  con- 
sul, who  was  the  onl^ytmblic  agent  of  this  country  then  in  California, 
and  with  Lt.  Colon(3TO"reinont,  if  he  should  be  found  there,  to 
concert  with  them  such  plans  as  in  their  judgment,  would  bo  best 
calculateil  to  frustrate  any  attempt  on  the  part  of  any  foreign  go- 
veriimtrt,  should  s  ich  attempt  be  meditated,  to  acquire  dominion 
by  coloin/.ation  or  otlierwise,  within  the  limits  of  Mexico  or  Cali- 
fornia. We  are  told,  and  I  am  satisfied  of  its  truth,  that  it  was 
for  the  purpose  of  carrying  out  this  view  of  the  government  at 
Washington,  that  Lt.  CiA.  Fremont  wasinducetl  to  return  to  Cal- 
ifornia alter  he  had  abandoned  it.  Sir,  it  is  important,  in  my  es- 
timation, that  the  reason  for  his  return  should  be  distinctly  known 
in  vindication  of  the  conduct  of  the  American  government  in  thij 
management  of  this  affair.  We  have  this  in  the  rcpo.  t  of  the  com- 
mittee, distinctly  slated  by  Col.  Fremont  himself,  who  has  as- 
sumed the  wliolo  responsibility,  and  propc'riy  assumetl  it.  He  says 
that  a  gentleman,  [who  was  an  officer,  us  I  understand,  of  the 
raanno  corps,]  brought  him  a  letter  of  introduction  from  the  Sec- 
retary of  State,  and  also  one  from  Col.  Benton. 

I  quote  the  language  of  Col.  Fremont,  from  his  deposition  bo- 
fore  the  Military  Committee: 

"  IlehronRhtme  a  letter  of  introdoclion  from  the  Pecretarr  of  State  Mr  Bocha- 
»»B,  and  lettere  and  paiien  from  Senator  Benton  and  hif  lamify.  The  letter  from  the 
Storetary  wa.  directed  to  me  in  my  private  or  ciliien  capacity,  and.'BltlioiIgh  import- 
jne  aoliunt  beyond  the  inlroducUon,  aceredind  lh«  be»r«r  to  ma  u  coraiog  from  tin 


Secretaivof  Slate,  and,  in  MnllMioB  with  tha  cir«ni«staiie««  and  placs  of  its  delivery, 
indicated  a  pnrpoie  in  tending  it  which  was  intelligibly  explained  to  me  by  the  accom- 
panying letter  from  Senator  Benton,  and  by  coramnnications  from  Lientenant  GiUei- 
pie.  This  ofScer  informed  me  that  he  had  been  directed  by  the  Secretary  of  State  to 
find  me,  and  to  acquaint  me  with  his  tnslrnctions,  which  had  for  their  pnncipal  objecu 
to  ascertain  the  disposition  of  the  California  people,  to  conciliate  their  feelings  in  favor 
of  the  United  Slates,  and  to  find  out,  with  a  design  of  counteracting  the  designs  of 
the  Brirish  government  upon  that  coantry." 

.  That  such  were  the  instructions,  is  confirmed  by  the  officer 
himself.  [Mr.  Gillespie.]  I  quote  from  his  deposition  before  the 
committee  : 

"  In  answer  to  the  first  inquiry  of  the  honorable  committee,  "  Were  yoD  charged 
with  any  verbal  instructions  or  communications  to  Colonel  Fremont  from  the  '-oveni- 
mentat  VV.-uhinglon,  or  anyofficer  thereof  7  and  if  so,  please  state  those  instructions 
or  commonications,  and  from  whom  received  ?"  I  have  to  state,  that  I  was  directed 
by  Mr.  Buchanan  to  confer  with  Colonel  Fremont,  and  to  make  known  to  him  my 
own  instructions,  which,  as  I  have  previously  stated,  were,  to  watch  over  the  interest 
of  the  United  States,  and  counteract  the  influence  of  any  foreign  agents  who  might 
be  in  the  country  with  objects  prejudicial  to  the  t'nited  States.  T  was  also  directed  to 
show  to  t'olonel  Fremont  the  duplicate  of  the  despatch  to  Mr.  Larkin,  consul  at  Mon- 
terey. 

In  answer  to  the  second  inquiry'  "Yon  have  said  that  you  communicated  the 
Irishes  of  the  government  to  Colonel  Fremont;  state  particularly  what  yon  did  com- 
municate to  him  as  the  wishes  of  the  government  ?"  I  beg  leave  to  slate,  that  the 
answer  above  contains,  as  near  as  I  can  recollect,  what  I  communicated  to  Colonel 
Fremont,  tellinp  him.  at  the  same  lime,  that  it  was  the  wish  of  the  government  that 
we  should  conciliate  the  feelings  of  the  people  of  California  and  encourage  a  fiiendahlp 
towards  the  United  Stales." 

Now,  sir,  it  appears  manifestly  from  the  testimony  of  both  of 
these  officers  that  they  carried  with  them  into  California  no  au- 
thority either  from  the  Department  of  State,  or  from  the  Military 
department  of  the  government,  to  wage  any  war  for  any  purpose 
against  the  people  of  California,  or  against  their  government,  but 
on  the  contrary,  their  mission  was  purely  a  peaceful  one.  They 
were  instructed  to  conciliate  and  gain  the  good  will,  and  attract 
the  friendship  of  the  people  of  California,  in  order  so  far  as  they 
might  be  able  to  do  so,  to  frustrate  the  designs  of  the  British 
emissaries,  and  to  prevent  them  from  getting  possession  of  tho 
country.  That  this  was  a  wise  policy  on  the  part  of  the  govern- 
ment, I  apprehend  there  can  be  no  doubt.  How  was  it  then  when 
that  mission  was  in  reality  a  peaceful  one,  that  these  gentlemen 
found  themselves  embarked  in  military  operations  soon  alter  their 
arrival.  The  report  of  the  Committee  on  Military  Affairs  shedi 
abundant  li"ht  upon  this  inquiry.  The  government  of  California 
stimulated  doubtless,  by  foreign  emissaries,  whose  presence  was 
notorious,  determined  that  no  American  should  remain  upon  its 
soil.  I  am  not  familiar  with  the  Spanish  language,  but  I  should 
apprehend  as  the  Mexicans  use  it,  the  idea  of  "stranger"  and  "en- 
emy" is  expressed  by  the  same  word,  as  in  ancient  Rome.  It  is 
manifest  from  the  whole  history  of  the  transactions  attending  our 
intercourse  with  Mexico,  that  to  be  a  stranger  there,  was  to  bo 
an  enemy.  When  these  officers  returned  to  California  it  will  bo 
seen,  as  is  fully  proved  by  the  documents,  that  our  countrymen 
who  had  gone  into  California  and  established  themselves  there, 
whether  with  the  express  permission  of  the  authorities  or  not,  I 
do  not  know,  but  certainly  with  their  acquiescence — were  about  to 
suffer  from  a  conspiracy  which  had  been  got  up  against  them, 
measures  had  been  taken  to  bring  down  upon  them  the  Indian  po- 
pulation, and  a  war  was  about  to  commence  which  would  involve 
not  only  the  massacre  of  the  Americans  who  were  spread  through 
the  peaceful  valleys  of  California,  but  would  probably  involve  also 
the  party  which  accompanied  Lieut.  Col.  Fremont.  In  such  an 
emergency  these  officers  assumed  a  very  high  responsibility  I 
confess,  sir,  that  J  feel  instinctively  sensitive  to  the  establishment 
of  a  precedent,  which  would  sanction,  in  any  degree,  acts  of  war  or 
acts  leading  to  war,  on  the  part  of  ofl^ieers  of  this  government  within 
the  limits  of  a  foreign  power.  I  have  looked  therefore  at  this  mat- 
ter closely,  and  I  hope,  considered  it  deliberately,  and  fully  concur 
in  the  opinion  that  Col.  Fremont  and  his  party,  whilst  themselves 
blameless,  were  thus  surrounded  by  circumstances  which  left  them 
no  alternative  between  a  disgraceful  and  probably  a  most  unsafe 
retreat,  or  uniting  with  his  countrymen  who  were  settled  in  Cali- 
fornia, and  taking  up  arms  in  their  own  defence.  He  assumed  the 
responsibility  of  the  latter  course,  and  he  carried  it  out.  as  he  says, 
successfully,  and  thus  it  was  that  California  was  subdued,  and  tho 
settlers  saved  from  destruction,  about  the  very  time,  that  war 
broke  out  with  Mexico,  although  the  fact  that  it  existed  was  then 
unknown  in  California. 

Sir,  my  object  in  the  remark*  with  which  I  am  wearying  tho 
Senate,  is  to  disconnect  the  authorities  at  home  from  this  outbreak 
in  California,  and  to  prove  by  testimony  which  cannot  be  contro- 
verted, that  the  government  at  home  had  no  part  in  the  insurrec- 
tion, that  the  probabiliiy  of  such  an  occurrence  was  unknown  to 
the  government,  and  in  truth,  that  it  was  no  party  to  it  either  di- 
rectly or  indirectly.  This  fact  is  most  distinctly  stated,  also,  in 
this  memorial  from  Lieut.  Colonel  Freemont,  an  extract  from 
which  I  shall  presently  refer  to. 

So  much  for  the  commencement  of  the  operations  in  California 
on  land;  now  for  those  which  commenced  at  sea.  It  appears  from 
tho  documents  which  are  to  be  found  in  tho  report,  that  Commo- 
dore Sloat  wiio  commanded  in  the  Pacific,  nt  that  time  arrived  at 
Monterey.  It  is  stated  by  Lieut.  Colonel  Fremont,  (after  having 
given  an  account  of  his  military  operations  thus  far)  as  follows  :  " 
tVhile  pioceedin;;  against  Gen.  Castro,  authentic  information  was  received  that,  on 
theTtb  ot  July,  Commodore  Sloat  had  taken  imssession  of  Monterey,  and  hoisted  th« 
Arncricsn  fing;  npon  which  the  flag  of  inde[r<-ndpnce  was  imniediafely  hauled  down, 
and  that  of  the  United  Stales  ran  np  ;  and  nndel  the  flag  of  the  Uniteil  Slates  all  sub- 
sequent operations  were  carried  on." 

"I  came  down  to  Monterey  with  my  command,  npon  the  request  of  Commodore 
Sloat,  to  CO  operate  with  him;  and  immediatelv  on  my  arrival  waited  upon  him,  in 
company  wilh  I.icnteijnnt  (Jillcspie,  on  board'  the  frigate  Savannah.  Commodore 
Sloat  appeared  nmasy  at  the  great  responsibility  he  had  assumed.  He  informed  me 
that  he  had  applied  to  Lieutenant  GUIcipie,  whom  he  knew  to  be  an  af  cnt  of  the  go»- 


April  12.] 


CALIFORNIA  CLAIMS. 


483 


trnmfnt,  for  hji  aothority,  but  that  he  had  Hecliaed  to  give  it.  He  then  ioqalred  to 
koow  ander  what  iDEfructiotii  I  had  acted  in  taking  op  armt  againit  the  Mexican  ao- 
thoriliei.  I  imormed  him  that  I  had  acted  iolely  on  my  own  retponiibility,  and  with- 
ont  any  aothority  from  the  government  to  jnitify  hosiilitiei.  Commodore  Slual  ap- 
peared greatly  disturbed  with  this  inToimation,  and  gave  me  ditunclly  to  understand 
that  in  raising  the  fla^  at  Monterey,  he  liad  acted  u;jon  the  lailh  of  our  operation!  in 
the  north.  Commodore  Sloatsooo  relinquished  the  command  to  Commodore  Stock- 
too,  who  determined  to  prosecute  hostiiitiei  to  the  complete  conquest  of  California. 
Ha  proposed  that  Lieutenant  GiUeipie  and  myielf  ihould  lerve  under  him,  with  all  the 
force  we  could  get:  which  we  agreed  to,  oar  men  doing  the  same,  as  Commodore 
Stockton  lo  fully  testified  before  the  court  martial;  and  from  that  time  forward,  all 
ny?  operations  were  carried  on  under  the  orders  of  Commodore  Stockton,  or  by  virtue 
of  commsfsions  bestowed  by  ,im.  I  was  appointed  by  hini  major  of  the  California 
battalion,  afterwards  military  commandant  of  California,  and  afterwards  governor  and 
commander  in-chief  in  California;  and  ander  all  the*e  appointment*  expenses  were 
Inccrred,  which  remain  to  be  paid." 

On  the  7th  of  July,  then,  it  app<^ars  that  Commodore  Sloat, 
oommantiing  the  marine,  hoisted  the  flag  of  his  country  at  Monte- 
rey, and  took  possession  of  that  capital.  It  is  manifest  from  this 
evidence  thut  Lieut.  Colonel  Fremont  was  accidentally  thrown  un- 
der the  necessity  of  commencing  these  hostilities,  and  that  neither 
he  or  Commodore  Sloat,  who  came  shortly  after  upon  the  coast, 
had  any  authority  whatever  from  their  government  to  wage  war 
against  California.  Indeed,  it  appears  that  Commodore  Sloat,  in 
raising  the  flag  the  United  States  at  Monterey,  did  so  under  the 
impression  tha."  hostilities  would  not  have  been  commenced  on  land 
unless  under  the  authnriiy  of  the  government,  or  with  a  knowledge 
that  war  had  c..mmence(i  between  the  United  States  and  Mexico. 
Now,  sir,  the  Senate  and  the  country  may  pass  its  separate  judg- 
ment upon  the  acts  of  Lieut.  Colonel  Fremont  in  commencing 
those  hostilities.  What  I  desire  is  to  rescue  the  government  of 
my  country  from  the  possible  imputation,  that  it  sought  by  indi- 
rectly stirring  up  insurrection  in  a  remote  province  of  a  sister  re- 
public to  provoke  a  war  for  the  purpose  of  seizing  and  appropria- 
ting her  territory.  I  am  free  to  admit,  so  far  as  I  can  form  an  opi- 
nion from  the  facts,  that  this  young  officer  was  placed  under  cir- 
cumstances in  which  he  could  not  have  acted  otherwise  than  he 
did.  He  could  not  see  his  countrymen  exposed  to  the  merciless  at- 
tack of  the  savages,  their  homes  and  their  fields  desolated,  and  their 
women  and  children  fleeing  before  the  tomahawk  and  scalping- 
knife  ;  he  could  not  have  subjected  his  own  men  to  the  dangiMs 
which  awaited  them,  without  incurring  a  censure  greater  than  any 
he  could  have  incurred  in  taking  up  arms  for  their  protection.  No, 
sir,  I  have  no  censure  for  this  officer  for  the  part  he  bore  in  these 
military  operations  in  California. 

The  question,  then,  arises,  does  it  devolve  upon  this  government 
to  pay  these  claims  ?  Sir,  I  believe  if  not  debito  juttitia,  still  in 
justice  and  equity  we  ought  to  pay  them.  Because  ihese  military 
operations,  however  unauthorized,  were  undertaken  fiom  necessity 
and  for  the  protection  of  our  own  countrymen  thus  treacherously 
assailed,  and  because  the  fruits  of  the  victories  achieved  enure  to 
the  United  Slates  when  its  army  was  sent  there  in  prosecution  of 
the  war  against  Mexico.  We  must  recognize  them  under  this  fact 
and  none  can  complain.  Claims  that  originate  against  the  gov- 
ernment tinder  the  sanctitm  of  law,  always  find  laws  providing  for 
their  Imuidation.  Claims  that  come  before  us  without  the  sanc- 
tton  of  law  require  special  legislation  to  enable  them  to  be  paid. 
The  Secretary  of  War  has  recommended  the  payment  of  these 
claims.     In  his  annual  report  to  Congress  he  says  : 

•'  The  despatch  of  Col.  Mason,  to  which  I  have  before  alluded,  refers  to  the  unset- 
tled claims  in  that  country  against  the  United  States,  and  recommends  that  immediate 
measures  should  be  taken  to  ascertain  the  amount  of  such  as  are  well  founded  and 
that  provision  be  made  for  immediate  payment.  These  claims  are  principally  for  pro- 
perty of  various  descriptions  furnished  to,  or  taken  bv,  our  forces  in  the  course  of  the 
military  operations  in  that  country.  The  delay  to  piv  them  h.ls  already  pioduced 
inuch  dusatlslacllon.  and  is  prejudicial  to  the  interests  of  the  Tnited  States.  Some  of 
the  officers  engaged  in  this  distant  service  have  become  personally  responsible  for  debts 
contracted  lor  the  nse  and  in  the  service  of  the  United  States  ;  it  is  also  due  lo  Uiem 
that  provision  should  be  made  for  paying  these  debts." 

How  are  tht>y  to  be  paid  t  The  bill  appropriates  seven  hundred 
thousand  dollars,  and,  in  ray  judgment,  so  large  a  sum  to  be  ex- 
pended in  payment  of  claims  which  in  their  character  are  necessa- 
rily, to  a  great  extent,  indeterminate  and  loose,  requires  that  every 
precaution  should  be  taken  to  insure  justice  as  well  to  the  govern- 
ment as  to  the  claimants.  It  is  proposed  in  the  bill  re43orted  from 
the  Military  Committee,  that  they  shall  be  ascertained  and  paid 
under  the  authority  of  a  commission,  to  be  created  for  that  pur- 
pose. I  a^ree  entirely  with  the  committee  in  their  recommenda- 
tions on  this  point.  They  are  claims  of  peculiar  character  ;  many 
ol  them  doubtless  of  small  amount  would  be  dependent  on  evidence 
that  it  will  be  difficult  to  collect— evidence  which  must  be  closely 
scanned  and  silted,  to  separate  such  as  are  fair  and  just  from  the 
unfair  and  unjust.  Such  scrutiny  cannot  well  be  made,  bv  any 
other  than  a  tribunal  of  judical  character.  Claims  which' have 
arisen  without  the  sanction  of  law  should  have  the  closer  scrutiny 
ot  law,  and  I  know  of  no  better  mode  for  their  adjustment  than  to 
have  a  board  that  shall  sit  and  adjudicate  them.  It  is  proposed, 
however,  in  the  bill  which  has  been  reported  to  create  this  board 
and  to  appoint  by  law  the  officers  who  are  to  constitute  it,  one  by 
name  and  the  others  by  description, 

Mr.  President,  I  apprehend,  and  I  say  it  with  great  deference 
to  the  committee  who  have  reported  this  bill,  that  to   create  the 

^hr^tlueTs'tateTThe^^l'irtrdelthlr  ''  '''  -"-'-- °^ 
Th«  Pr«sid«m  ehaU  bo  authoriaed  to  appoint  Lt.  Col.  Fr«mon; 


and  two  other  officers  who  were  in  the  service.  Nw,  sir,  we  ought 
to  look  carefully  into  this  matter.  It  is  unbecoming,  [I  say  it  with 
all  respect,]  it  is  unbecoming  I  think  in  the  Senate  of  the  United 
States,  or  in  either  branch  of  the  Legislature  of  this  government 
to  trench,  in  the  slightest  degree,  on  the  powers  which  are  assigii- 
ed  by  the  constitution  to  the  Executive.  It  would  be  a  dangerous 
precedent.  The  constitution,  for  wise  purposes,  has  lodged  the 
power  of  appointment  with  the  President,  giving  to  the  Senate  only 
a  negative  i.n  that  power.  Although  the  terms  of  the  constitution 
are  familiar  to  every  Senator,  I  will  ask  leave  to  refer  to  them.  It 
provides  that  the  President 

"Shall  nominate,  and  by  and  with  the  advice  and  ccn:ent  of  the  Senate,  shall  a-i' 
point  ambassadors,  ether  ministers  and  consals.  Judges  of  tlie  Supreme  (,'ourt.  and  al' 
other  officers  of  the  United  States,  whose  appointmenu  are  not  herein  otherwise  pro' 
vided  lor,  and  which  shall  be  established  by  law.  Bui  the  Congress  may.  by  law,  vett 
the  appointment  of  such  inferior  olficers,  as  they  think  pioperin  the  FiesideDC  alone, 
in  the  court*  of  law,  or  in  the  heads  of  departments." 

Thus,  sir,  by  the  express  terms  of  the  constitution  the  power 
of  selection  is  assigned  to  the  President.  Ho  shall  have  power  to 
nominate,  and  by  and  with  the  advice  and  consent  of  the  Senate, 
shall  appoint  first — certain  classes  of  officers,  and  then  "all  other 
officers  whose  appointments  are  not  therein  otherwise  provided  for, 
and  which  may  be  established  by  law."  This  commission  then,  and 
the  appointment  under  it  if  established  by  law,  ought  to  be  filled 
according  to  the  terms  of  the  constitution,  and  within  the  meaning 
of  the  provisions  to  which  I  have  referred.  I  understand  an  offi- 
cer of  the  government  to  be  one  who  has  any  public  charge  or  em- 
ployment whatsoever.  I  do  not  mean  this  as  a  strict  definition  of 
the  term  officer,  but  it  is  that  form  of  exprnssion  which  imparts  to 
my  mind  the  clearest  conception  of  what  is  meant  by  public  officer. 

What  duty  is  to  be  devolved  on  this  board  ?  It  is  to  be  a  pub- 
lic duty,  involving  the  expenditure  of  large  sums  of  money.  They 
are  lo  sanction  or  reject  the  claims  that  may  be  presented  :  to  do 
justice  to  the  claimants  and  justice  to  the  government  ;  and  these 
duties  are  to  be  discharged  by  persons  who  derive  their  authority  ex- 
clusively from  the  government.  Can  it  be  said  then,  that  they  are  not 
officers  within  ihe  meaning  of  the  provision  of  the  constitution  which 
I  have  read.  They  are  officers  not  only  in  the  general  and  popu- 
lar sense,  but  in  the  strictest  sense,  for  the  discharge  of  an  im- 
portant trust,  the  adjudication  of  claims  to  a  larae  umount,  bind- 
ing the  government  by  their  decisions — which  claims  aie  to  be 
paid  upon  their  certificate  out  of  the  public  treasury — all  which 
powers  are  derived  under  authority  exclusively  imparted  to  them  by 
the  government.  Sir,  I  can  entertain  no  doubt  that  this  board 
or  the  officers  who  are  to  constitute  it,  are  strictly  officers  within 
the  meaning  of  the  constitution.  If  such  be  the  fact,  it  must  ne- 
cessarily follow  that  they  are  to  be  appointed  by  the  appointing 
power  known  to  the  constitution,  viz  :  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate. 

I  have,  sir,  with  the  deference  which  becomes  me,  made  these  ob- 
jections on  the  bill  as  it  is  reported  from  the  committee,  and  I  have 
made  them  with  reluctance,  for  it  is  always  with  reluctance  that 
I  can  express  opinions  ditferent  from  those  of  a  committee  of  this 
body,  but  it  struck  me  at  once,  and  the  more  J  examined  it  the 
more  I  was  confirmed  in  the  opinion  that  the  appointing  power 
does  not  reside  here,  that  it  would  be  trenching  on  the  rights  of  the 
Executive  and  violating  the  constitution,  though  not  so  intended, 
if  we  were  to  make  these  appointments  by  law.  It  becomes  us 
therefore  if  we  agree  to  the  creation  of  any  board,  to  do  it  in  the 
usual  form,  and  leave  the  power  of  appointment  to  the  functionary 
in  whom  it  has  been  reposed  by  the  constitution.  I  know  of  no 
other  mode  of  attaining  this  object  than  by  a  proposition  to  send 
the  bill  back  to  the  Committee  on  Military  Affairs,  with  instruc- 
tions to  reform  it  in  this  respect.  I  have  drawn  the  instructions, 
which  I  will  read  to  the  Senate. 

The  bill  proposes  that  there  shall  be  three  commissioners,  I  have 
no  particular  opinion  on  this  subject.  I  had  thought  that  one  com- 
missioner would  bo  enough,  provided  he  would  be  associated  in 
some  manner  with  the  military  commander  for  the  time  being  in 
California,  but  on  further  consideration  it  strikes  me  that  it  would 
be  as  well  that  there  should  be  two — though  tho  additional 
expense  would  be  comparatively  small — I  think  it  unneces- 
sary. I  throw  out  this  proposition  for  th#consideration  of  the 
Senate,  not  being  wedded  to  it  in  any  form  as  to  details  which  the 
committee  is  more  competent  than  I  to  determine  ;  but  I  see  no 
mode  by  which  this  object  can  be  accomplished  without  a  recom- 
mitment. 

In  what  I  have  said,  I  have  confined  myself  as  I  proposed  to  do, 
entirely  to  this  bill.  I  am  friendly  to  the  purposes  of  the  bill.  I 
am  in  favor  of  paying  these  claims.  But  it  is  important  that  their 
character  should  be  understood,  so  that  at  a  future  day,  this  gov- 
ernment may  not  be  implicated  for  having  covertly,  or  for  improper 
purposes  incited  the  insurrection  in  California.  I  move  the  re- 
commitment of  the  bill. 

KISCCTJTi:     SESSION. 

On  motion  by  Mr.  MANGUM,  the  Senate  proceeded  to  the 
consideration  of  Executive  business,  and  iifter  soma  time  spent 
therein, 

On  motion, 

The  Senate  adjeorned. 


484 


PETITIONS— RESOLUTIONS,  ETC. 


[Thursday, 


THURSDAY,  APRIL  13,  1848. 


PETITIONS. 

Mr.  CASS  submitted  documents  relating  to  the  claim  of  'Wil- 
liam Lee,  to  compensation  for  services  as  clerk  in  tlie  Office  of 
the  Superintendent  of  Indian  Affairs,  at  Dctroi;  ;  which  were  re- 
ferred to  the  Committee  on  Indian  Affairs. 

Mr.  MANGUM  presented  a  petition  from  citizen?  of  the  United 
States,  prayins;  the  purchase  of  Monnt  Vernon  by  the  covernment; 
which  was  referred  to  the  Committee  on  Military  Affairs. 

Mr.  BELL  , 
Kcntuckv,  pray 

the  head  of   CuniberlanJ    Island 
ordered  to  lie  upon  the  table. 


presented  the  memorial   of  citizens  of  Louisville' 
yinj  an  anpropriation  for  the   repair  of  the  dam  at 

^nnitiprlMiul     Tslnnd.  in     lllp     Oliio     rivpr  •   vchloh  vcnK 


1  at 
which  was 


IMPORTATIONS   OF    SCGAR. 


Mr.  DOWNS  submitted  the  following  resolution,  which  was 
considered,  by  unanimous  consent,  and  agreed  to  : 

Resolved,  That  the  Secretary  of  the  Treasnry  be  di-ected  o  report  to  the  Senate 
tlie  quantity  of  sugar  imjjoiled  durrng  the  fiscal  year  entliuj;  SOth  June,  1847,  and  the 
■ucceeding  ytar  to  the  riose  of  the  last  quarter,  (31st  March  184S;)  respecting  the 
places  from  whence  imported,  and  the  price,  at  the  place  oft.iport  of  the  several  quan- 
uUes,  when  exported. 

VENTILATION   OF   THE    SENATE    CHAMBER. 

Mr.  HUNTER,  from  the  Committee  on  Public  Buildings,  re- 
ported the  following  resolution  ;  which  was  cunsidered,  by  unani- 
mous consent,  and  agreed  to  : 

Resolved,  That  the  Secretary  pay  to  John  Pkirving,  for  liis  services  in  ventilating 
the  Senate  during  this  session,  an  allowance  not  esceedinjr  the  pay  of  a  messenger, 
together  with  one  dollar  a  day  for  an  assist  ant  laborer. 

PRIVATE    BILLS. 

Mr.  MILLER,  from  the  Committee  on  Naval  Affairs,  to  whom 
were  r-ferred  the  bills  from  the  House  of  Representatives,  for  tho 
rellerof  Edward  Quinn  ;  for  the  relief  of  David  Myerle  ;  for  tlie 
relief  ol  Stephen  Bryan  ;  for  the  relief  of  Joseph  IJry.in  ;  for  the 
the  relief  of  G.  F.  Do  La  Roche,  and  W.  P.  S.  Sanger  ;  for  the 
reliefof  James  H.  Conley  ;  lor  the  relief  ot'  James  Glynn,  and 
others  ;  for  the  reliefof  Naney  Tompkins  ;  for  the  relief  of  Eliza- 
beth Mays  ;  for  the  relief  of  Anne  VV.  Angeis  ;  for  the  relief  of 
John  Percival,  a  captain  in  the  navy  of  Unitcil  Slates  ;  and  ajoint 
resolution  conceining  the  settlement  of  the  accounts  of  William 
Speiden,  purser  in  the  navy  of  the  United  States  ;  reported  them 
wilboui  amendment. 

BOtJNTY     LANDS. 

Mr.  DAVIS,  of  Mississippi,  from  the  Committee  on  Military 
Affairs,  to  whom  was  relerred  the  bill  explan;  tory  of  the  act  enti- 
tled ''An  act  to  rai^o  for  a  limited  time  an  additional  miliiaiy 
force,  and  for  other  put  poses,"  approved  llth  February,  1847 ; 
reported  it  with  amendments.' 

PRIVATE   BILLS. 

Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  to  whom  was  referred  the  joint  resolution  from  the  House 
of  Representatives  for  the  reliefof  H.  M.  Barney,  reported  it 
without  amendment. 

Mr.  BALD'W^N,  from  the  Committee  on  Pensions,  to  whom 
was  referred  the  memorial  of  Francis  O.  Dorr  and  Andrew  C. 
Dorr,  submitted  a  report  accompauied  by  a  bill  for  the  relief  of 
Gustavus  Dorr. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  prin'.ed. 

Pt;BLIC    LANC3    IN    FLORIBA. 

Mr.  BREESE.from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  respecting  certain  surveys  in  tho  State  of 
Florida,  reported  it  without  amendment. 

ADVERSE    REPORT. 

Mr.  FELCH,  from  the  Committee  on  Pensions,  to  whom  was 
referred  the  petition  of  Elizabeth  McDougali,  submitted  an  ad- 
verse report,  which  was  ordered  to  bo  printed. 

CHANGE    or   REFERENCE. 

On  motion  by  Mr.  FELCH,  it  was 

Ordered,  That  tho  Committee  on  Pensions  bo  discharged  from 
the  further  consideration  of  the  proceedings  of  a  meeting  of 
•wounded  soldiers,  presented  on  tho  3d  instant,  and  that  it  be  re- 
ferred to  the  Conumueo  on  Mditary  AiTuirs. 


THE   CONSTITUTION. 

The  Senate  proceeded  to  consider  the  resolution  submitted  yes- 
terday by  Mr.  Badger,  directing  the  Secretary  of  the  Senate  to 
purchase  tv.-o  thousand  copies  of  the  edition  of  the  constitution 
prepared  by  W.  Hickey;  and  the  question  beiifg  on  agreeing  to 
said  resolution,  it  was  determined  in  the  negative. 

Mr.  ATCHISON  moved  a  reconsideration  of  the  vote  upon  the 
the  resolution;  which  was  agreed  to. 

The  question  recurring  upon  agreeing  to  the  resolution,  it  was, 

On  motion  by  Mr.  BERRIEN, 
Ordered,  That  the  further  consideration  thereof  be  postponed 
until  to-morrow. 

THE   DAJVI   AT   CUMBERLAND   ISLAND. 

Mr.  BELL  moved  that  the  prior  orders  be  postponed  for  the 
purpose  of  proceeding  to  the  consideration  of  the  bill  to  provide 
for  the  repair  and  improvement  of  the  dam  at  the  head  of  Cum- 
berland island,  in  the  Ohio  river. 

The  motion  was  disagreed  to. 

MESSAGE  FROM  THE   HOCSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Ca.>ipbell,  their  clerk  : 

Mr,  President :  The  Hoaw  of  Representatives  have  passed  a  bill  to  amend  the  ant 
"to  provide  for  the  transportation  of  the  mail  between  the  United  Stales  and  fstsign 
countries,  and  for  other  jjiirposes," 

In  which  they  request  the  concurrence  of  the  Senate. 

The  Speaker  of  the  House  of  Representatives  having  signed  the  enrolled  joint  rtjo 
Inlion,  I  am  directed  to  bring  it  to  the  Senate  for  the  signature  of  llieir  President. 

SIGNING    OF  A   JOINT    RESOLLTTION. 

The  VICE  PRE^DENT  signed  the  enrolled  joint  resolution 
tendering  the  congratulations  of  the  American  to  the  French 
people. 

FOREIGN    MAILS. 

The  bill  fiom  the  House  of  Representatives  to  amend  the  act 
"to  provide  for  the  transportation  of  the  mail  between  the  United 
States  and  foreign  countries,  and  for  other  purposes,"  was  read 
the  first  and  second  times,  by  unanimous  consent,  and  referred  to 
the  Committee  on  the  Post  Office  and  Post  Roads. 

notices    of    BILLS. 

Mr.  PEARCE  gave  notice  that  on  to  morrow,  or  some  early 
day  thereafter,  he  will  ask  leave  of  the  Senate  to  introduce  a  bill 
to  incorporate  the  Washington  Mutual  Insurance  Company  and 
Savings'  Institution. 

Mr.  DAVIS,  of  Massachusetts,  gave  notice  that  on  to-morrow, 
or  some  early  day  thereafter,  he  will  ask  leave  of  the  Senate  to 
introduce  a  bill,  the  title  of  which  he  named. 

MESSAGES  FROM  THE  PRESIDENT. 

A  message,  in  writing,  was  received  from  the  President  of  the 
United  Sates,  by  Mr.  Walker,  his  Secretary. 

Mr  .President:  The  President  of  the  United  States  has  approved  and  ligned  the 
bill  for  the  relief  of  Peter  Engles.  senior,  and  the  bill  for  Uie  relief  of  the  legal  tv'pre 
lentatives  oi  George  Fisher,  deceased. 

THE   PILOT    LAWS. 

The  Senate  resumed  the  consideration,  as  in  Committee  of  the 
Whole,  of  the  bill  to  repeal  tho  act  of  2d  M'jrch,  1837,  entitled 
"An  act  conceining  pilots." 

Mr.  DIX. — Mr.  President:  A  bill  in  all  respects  similar  to  this, 
was  before  the  Senate  at  the  last  session  of  Congress,  but  not 
finally  acted  upon  for  want  of  time.  When  it  was  taken  up  for 
consideration,  I  explained  the  object  \n  view;  but  as  there  are 
many  gentlemen  on  this  floor,  who  were  not  then  members  of  the 
Senate,  I  will  recapitulate,  as  briefly  as  possible,  the  argtimants 
urged  in  favor  of  the  passage  of  the  hill. 

'i'he  bill  proposes  to  repeal  the  act  of  2d  March,"  1837,  con- 
cerning pilots.  The  act  proposed  to  be  repealed,  made  it  "'  law- 
ful for  the  master  or  commander  of  any  vessel  coming  into  or  going 
out  of  :iny  port  situate  upon  waters,  which  are  the  boundary  be- 
tween two  States,  to  employ  any  pilot  duly  licensed  or  authorized 
by  the  laws  of  either  of  the  s'tates  bounded  on  the  said  waters,  to  or 
from  said  port;  any  law,  usage,  or  custom  to  the  contrary  not- 
withstanding "' 

This  provision,  though  equal  and  fair  on  its  face,  is  partial  and 
unfair  in  its  operation,  as  I  will  endeavor  to  show. 

Before  the  American  colonies  confederated  together  for  mutual 
delenco  and  protection,  each  regulated  its  own  pilotage.    When 


Ap^l  13.] 


THE  PILOT  LAWS. 


485 


they  became  independent  States,  and  agreed  to  articles  of  confed- 
eration and  perpetual  union  for  their  common  government,  they 
retained  respectively  the  forms  they  had  previously  possessed  on 
the  subieot.  When  the  constitution  of  the  United  States  was 
adopted,  and  a  more  perfect  union  formed  between  ihe  States,  it 
conferred  on  Congress  the  power  "to  regulate  commerce  wiih 
foreign  nations,  and  among  the  several  States,  and  with  the  In- 
dian tribes."  Under  this  authority,  as  is  supposed,  the  Congress 
of  the-United  States  passed  an  act  at  its  first  sesssion,  providing 
''  that  all  pilots  in  the  bays,  inlets,  rivers,  harbors,  and  ports  of 
the  United  States  shall  continue  to  be  regulated  in  conformity  with 
the  existing  laws  of  the  States,  respectively,  wherein  such  pilots 
may  be,  or  with  such  laws  as  the  States  may  respectively  here- 
after enact  for  the  puqiose,  until  further  legislative  provision  shall 
be  made  by  Congress." 

Three  considerations  suggest  themselves  in  vie  w  of  this  provision : 

1.  Congress  assumed  to  possess  the  authority  of  legislating  on 
the  subject  of  pilotage,  either,  as  is  most  probable,  under  the 
clause  of  the  constitution  [  have  cited  conferring  the  power  of 
regulating  commerce,  or,  possibly,  under  the  general  power  to 
make  all  laws  necessary  and  proper  for  carrying  into  execution 
the  powers  expressly  given  to  Congress.  I  do  not  intend  to  deny 
the  authoritv,  rightfully  exercised;  and  I  suppose  it  will  be  gene- 
rally conceded  that  the  regulation  of  pilots  is  a  regulation  of 
commerce. 

2.  Congress  adopted  the  laws  of  the  States  then  in  force,  regu- 
lating pilots  in  those  States  respectively.  By  virtue  of  this  adop- 
tion these  laws  acquired  all  the  force  of  acts  of  Congress,  and  all 
the  regulations  contained  in  them  thenceforth  possessed  the  same 
efficacy  as  they  would  have  had  if  they  had  been  recited  in  full  in 
the  act  adopting  them.  They  became  a  part  of  the  law  of  the 
land. 

3.  Congress,  by  referring  to  and  sanctioning  the  future  legisla- 
tion of  tho  States,  in  respect  to  pilotage,  virtually  clothed  them 
with  its  own  power  over  the  whole  subject.  It  virtually  pro- 
nounced tho  regulation  of  pilots  in  tho  several  States  a  fit  subject 
for  local  or  municipal  legislation.  It  was,  in  effect,  a  delegation 
of  the  power  of  Congress,  whatever  that  power  may  be,  over  the 
subject  of  pilotase  to  the  States,  to  be  exercised  in  futuro,  until 
resumed  by  the  delegating  authority,  or,  to  use  the  words  of  the 
act,  "until  further  legislative  provision  shall  be  made  by  Congress." 
This  act  was  passed  on  the  7th  of  August,  1789.  I  believe  it  was 
the  ninth  act  passed  under  the  constitution  of  the  United  States,  and 
it  was  for  nearly  half  a  century  the  only  act  passed  by  Congress 
in  relation  to  the  subject  of  pilotage,  with  the  exception  of  the 
act  of  1792,  by  which  pilots  were  exempted  from  the  performance 
of  militia  duty. 

The  State  of  New  York  commenced  tho  regulation  of  pilotage 
for  her  principal  port  at  an  early  period  of  her  colonial  existence. 
The  first  law  I  find  was  passed  in  1694,  more  than  one  hundred 
and  fifty  years  ago,  and  about  seventy  alter  the  first  settlement  of 
New  Amsterdam.  It  provided  for  the  appointment  of  pilots  by 
the  Governor  and  Council,  and  prohibited  all  other  persons  from 
piloting  any  vessel  into  the  port  of  New  York  under  a  pecuniary 
penalty-  From  that  time  to  the  year  1837,  the  pilotage  of  vessels 
to  and  from  the  port,  was  subject  to  State  regulation.  In  this  re- 
spect New  York  stood  on  the  same  footing,  nominally  and  practi- 
cally, with  the  other  States  in  the  Union. 

In  December,  1836,  two  shipwrecks  of  a  very  distressing  cha- 
racter from  tho  extensive  loss  of  life  with  which  they  were  attend- 
ed, occurred  on  Long  island — I  allude  to  the  Bristol  and  the  Mex- 
ico. Neitlier  of  these  vessels  had  a  pilot  ;  and  this  fact,  combined 
with  a  previous  course  of  conduct  on  the  part  of  the  New  York 
pilots,  calculated  to  create  prejudice  against  them  in  the  public 
mind,  led  to  a  strong  feeling  of  excitement.  There  is  no  dnubt 
that  there  was,  to  a  certaui  extent,  just  ground  for  this  prejudice. 
The  business  of  pilotage  in  the  city  of  New  York  had  grown  into 
a  monopoly,  and  like  all  other  monopolies  had  run  into  abuse.  No 
man  at  this  day  desires  10  revive  it.  The  number  of  pilots  was 
too  limited  :  and  they  had,  by  combining  and  agreeing  to  share 
equally  tho  receipts  accruing  li'om  their  joint  services,  rendered  all 
competition  useless,  and  produced  a  relaxation  of  their  accustom- 
ed vigilance  in  looking  out  for  vessels  and  brinsing  them  into 
port.  On  the  fullest  investigation,  however,  I  believe  they  were 
exonerated  from  all  direct  censure  on  account  of  the  loss  of  tho 
two  vessels  referred  to.  But  the  system  was  not  equally  fault- 
less ;anl,  on  the  occurrence  of  these  two  disasters,  the  pub- 
lic attention  having  been  strongly  attracted  to  the  subject, 
the  Legislature  of  New  York  entered  into  a  full  investigation 
of-  it.  For  nearly  three  months  the  whole  subject  was  under 
consideration  before  committees,  or  under  discussion  on  the 
floor  of  tho  two  Houses.  Few  subjects  of  legislation  have  re- 
ceived a  more  earnest  or  critical  examination  in  any  deliberative 
body  ;  and  it  resulted  in  the  passage  of  a  law  formed  with  a  refer- 
ence to  all  the  known  and  allesed  evils  of  the  system.  Aboard 
of  commissioners,  consisting  of  five  persons,  was  authorized  to  be 
appointed  by  the  governor  and  Senate  of  the  State.  It  was  made 
the  duty  of  the  board  to  examine  the  pilots  then  licensed,  and  if 
found  qualified,  to  license  them  anew,  and  also  to  examine  and 
license  every  other  person  of  full  age  and  good  moral  character, 
making  application  for  the  purpose,  giving  a  preference  to  those, 
who  had  served  three  years  as  apprentices  to  licensed  pilots.  The 
duties  of  the  commissioners  in  other  respects  were  carefully  de- 
fined by  this  act  :  the  pilots  were  subjected  to  rigid  regulations  ; 
their  numbers  were  increased  to  meet  the  extending  commerce  of 
the  city;  all  combinationj  were  guarded  against,  so  as  to  prodnco 


a  free  competition  ;  and  the  defects  in  the  old  system,  whichtime 
had  disclosed,  were  provided  for  by  appropriate  remedies.  I  have 
no  hesitation  in  saying,  if  this  act  had  been  permitted  to  go  into 
operation,  fully  and  fairly,  without  any  interfering  or  counteract- 
ing legislation  on  the  part  of  Congress,  all  the  evils  of  the  pre- 
existing system  would  have  been  remedied,  and  all  the  advantages 
of  a  proper  competition  would  have  been  fully  secured  without 
any  of  the  inconveniences,  inequality,  and  injustice,  which  have  re- 
sulted from  the  system  now  in  force.  Or,  certainly,  if  its  provi- 
sions had  proved  insufficient,  the  defect  would  have  been  cured  by 
further  legislation. 

But  before  this  act  was  matured  and  passed,  the  act  of  Con- 
gress of  March  2  1837,  of  which  we  now  ask  for  the  repeal,  had 
been  hurried  through  tho  two  Houses  of  Congress,  and  the  power 
of  regulating  pilotase  for  tho  City  of  New  York  was  virtually 
taken  out  of  the  hands  of  the  Legislature  of  the  State.  The  object 
of  this  act  of  Congress  was  to  open  the  business  of  pilotage  for 
the  City  of  N«w  York  to  the  State  of  New  Jersey,  with  a  view 
to  greater  competion  among  the  pilots  in  looking  out  for  vessels 
destined  for  that  port.  I  believe  there  was  no  other  object  in  view 
at  that  time  ;  and  it  is  said  to  have  been  on  the  suggestion  of  per- 
sons in  New  York  that  the  State  of  New  Jersey  was  induced  to 
pass  a  pilot  law,  as  she  did  a  few  weeks  before  the  act  of  Consrresa 
passed.  I  believe  the  competitionin  viewof  the  latter  act  would  have 
been  fully  secured  by  the  law  passed  by  the  State  of  New  York 
and  passed  after  the  careful  investigation  to  which  I  have  already 
refered.  It  broke  up  the  old  monopoly  :  it  rendered  combinations 
impossible  ;  and.  in  a  word,  it  provided  a  comple  remedy  for  pre- 
existing evils  and  defects.  Under  these  circumstances,  the  inter- 
position of  Congress  was  unnecessary  :  it  came  in,  not  for  good,  but 
for  ill.  It  frustrated  the  proper  execution  of  the  objects  contem- 
plated by  the  law  of  New  York  :  it  introduced  other  interests  an- 
tagonistic to  and  in  some  degree  subversive  of  them:  it  prevented  a 
proper  regulation  of  the  system  under  the  authority  of  the  state. 
While  the  New  York  pilots,  under  the  new  system,  were  sub- 
jected to  rigid  regulations  and  to  an  active  competition  among 
themselves,  they  found  other  competitors  in  the  field  under  the 
law  of  New  Jersey,  pensons  exempt  from  all  control  by  the  laws 
of  New  York  and  acting  independently  of  her  authoritv.  After 
submitting  to  this  state  of  things  eight  years,  the '  Len-isla- 
ture  of  New  York  believing  it  unequal  and  unjust  to  her  own  pi- 
lots, repealed  all  her  laws  regulating  pilotage,  by  way  of  Sandy 
Hook.  The  whole  subject  of  pilotage  lor  the  principalehannelof 
commerce  with  the  great  cimmereial  emporium  of  the  Union  is 
unregulated  by  law,  excepting  so  far  as  the  laws  of  New  Jersey 
have  been  made  to  operate  within  the  territorial  limits  of  New 
York.  Any  person  may  pilot  a  vessel  into  the  port  of  New  York 
no  matter  how  incompetent  he  is.  The  pilots  licensed  under  the 
New  York  law  of  1837,  still  retain  their  licenses,  but  without  letjal 
regulation;  a  number  of  individuals  have  received  certificates  from 
a  voluntary  association— certificates  given  without  a  shadow  of 
authority  ;  and  the  New  Jersey  pilots  are  extensively  eni-atred  in 
the  business  of  piloting  ;  but  there  is  no  common  system°of''rules 
established  under  the  authority  of  the  Stale  of  New  York  to  which 
either  of  these  classes  of  persons  is  amenable  ;  and  she  has  by  the 
act  of  Congress  been  deprived  of  the  power  of  establishing  a  sys- 
tem, to  which  all  shall  be  required  to  conform,  and  the  act  of  Con- 
gress prescribes  none. 

In  order  that  there  may  be  an  end  to  this  state  of  thinus,  we  ask 
for  a  repeal  of  the  act  of  Congress,  by  which  it  has  been°produced 
The  grounds  on  which  the  repeal  is  sought  may  be  brieflv  stated 
thus  :  ^ 

1.  It  is  in  the  highest  degree  unjust  to  the  State  of  New  York 
to  take  from  her  the  rivht  of  providing,  bv  such  resulations  as  she 
seems  proper,  for  piloting  vessels  into  her  principal  seaport— the 
only  one,  indeed,  in  respect  to  which  regulations  for  pilots  are  re- 
quired. By  authorizing  the  pilots  of  another  State,  licensed  and 
governed  by  laws,  over  which  she  has  no  control,  to  lake  vessels 
in  and  out  of  the  city  of  New  York,  the  State  is  virtuallv  stripped 
of  a  portion  of  her  sovereignty,  and  the  legislature  of  another  State 
is  entorced,  without  her  consent  and  against  her  wishes  within  her 
own  territorial  limits.  ' 

2.  To  allo-v  pilots  licensed  under  the  laws  of  another  State  to 
bring  in  and  carry  out  vessels  to  and  from  the  port  of  New 
York,  IS  authorizing  ofiieers  of  one  State  to  execute  public  func- 
tions within  the  territorial  limils  of  another.  Wc  insist  that  if  Con- 
gress, under  the  constitution,  undertakes  to  exercise  the  power  of 
regulatip.g  pilotage  in  any  other  mode  than  bv  the  adoption  of  the 
laws  of  Ihe  States  wiihin  their  own  respective  limits,  it  should  do 
so  directly,  by  providing  for  the  appointment  and  government  of 
pilots,  under  rules  instituted  by  itself,  and  not  by  the  offensive 
and,  as  is  contended,  the  unauthorized  measure  of  allowinT  officers 
or  agents  of  one  State  to  perform  public  acts  within  the  territorial 
hniits  and  jurisdiction  of  another. 

3.  The  act  of  Congress  is  in  its  operation  unequal  as  a  recula- 
tion  of  commerce;  and,  therefore,  in  volation  of  that  provision  of 
the  constitution  which  declares  that  "no  preference  shall  be  eiven 
by  any  regulation  ol  commerce,  or  revenue,  to  the  ports  of  one 
State  over  those  of  another."  Massachusetts  has  the  exclusive 
regulation  of  pilotage  for  the  port  of  Boston.  Salem,  New  Bed- 
ford,  &c  South  Carolina  for  Charleston,  Alabama  for  Mobile, 
&c.,  while  New  York  is  not  permitted  to  provide  for  the  regula- 
tion of  pilots  for  her  principal  sea  port.  While  thejurisdictionofthe 
States  referred  to,  is  exclusive  in  respect  to  pilots  for  the  ports  I 
have  named,  hers  is  concurrent  with  the  State  of  New  Jersey.  Ba- 
lidej,  there  is  no  equality  ja  the  existing  system,  as  between  the 


486 


THE  PILOT  LAWS. 


[Thursday, 


States  of  New  York  and  New  Jersey,  considered  by  themselves. 
While  the  New  Jersey  pilots  receive  from  $25,000  to  $30,000  per 
annum  for  piloting  vessels  to  and  from  the  ciiy  of  S'ew  York, 
no  New  York  pilot  that  I  can  learn  receives  a  dollar  for  piloting 
a  vessel  into  a  port  in  New  Jersey.  The  advantage  is  all  on  one 
side.  The  act  of  Congress,  though  expressed  in  general  terms, 
and  apparently  equal  in  its  effects,  is,  from  local  circumstances, 
partial,  unequal,  and. unjust. 

4.  The  act  of  Congress  was  procured  through  misappre- 
hension, by  attributing  to  the  New  York  pilots  disasters  for  which 
they  were  not  lairly  responsible. 

5.  If  the  New  York  pilots  had  been  responsible  for  the  dis- 
asters attributed  to  their  negligence,  tlio  defecis  of  the  system 
under  which  they  were  appointed,  vi-ere  revised  by  the  leg  slation 
of  the  State  of  New  York,  framed  with  the  greatest  deliberation, 
which  ought  to  have  been  permitted  to  go  into  operation  without 
interference  hy  Congress. 

6.  That  the  act  of  Congress  has  led  to  dissensions  and  litiga- 
tion, not  only  between  citizens  of  diiTerent  States,  but  between  dif- 
ferent classes  in  the  same  State.  The  pilots  of  Louisiana  have 
been  involved  in  litigation  with  the  pilots  of  Mississippi :  the  pilots 
of  Maryland  with  those  of  Virginia.  One  of  the  Maryland  pilots 
was  thrown  into  prison  for  pilotmg  a  vessel  to  Norfolk,  and  kept 
there  until  released  under  the  insolvent  laws  of  Virginia.  And  it 
is  a  striking  illustration  of  the  impolicy  and  the  injurious  operation 
of  the  act  of  Congress,  that  where  the  parties  concerned  stand  on 
an  equal  foi.ting,  thev  are  unanimous  in  urging  its  repeal.  It  is  only 
when  it  is  unequal  in  its  operation  that  the  repeal  is  opposed.  Thus, 
the  pilots  of  iMaryland,  though  authorized  under  the  act,  to  jiilot 
vessels  into  the  ports  of  Virginia,  on  the  Potomac  and  Chesapeake 
bay,  and  the  pilots  of  Virginia,  tnough  authorized  to  pilot  vessels 
into  the  ports  of  Maryland  on  the  same  waters,  have  united  in  pe- 
titioning for  its  repeal.  The  State  of  Maryland  also,  in  view  of  the 
operation  of  the  act  in  that  Stale,  remonstrates  a^ainsl  it,  on  the 
ground  that  it  "permits  thcconlliciing  jurisdiction  of  adjacent  States 
to  disturb  and  derange  the  best  systems  of  pilotage,  which  either 
may  adopt."  Sir,  tlie  only  remedy  for  the  evils  it  has  caused  is  its 
unconditional  repeal,  in  order  that  each  may  be  left  to  regulate  its 
own  pilotage  for  itself,  according  to  the  system,  which  existed  for 
nearly  half  a  century  alter  the  organization  of  the  federal  govern- 
ment. And  I  will  only  add  that,  in  thi»  event,  I  am  sure  the  sub- 
ject will  be  disposed  of  by  New  York  with  a  just  and  liberal  re- 
gard to  her  mercantile  interest,  and  in  such  a  manner  as  to  remove 
all  ground  of  complaint  from  any  quarter. 

Mr.  MILLER. — This  is  a  subject  of  deep  interest  to  the  com- 
mercial and  navigating  interests  of  the  country,  and  is  of  too 
much  importance  to  be  disposed  of  in  the  morning  hour.  I  sug- 
gested to  ihe  honorable  Senator  from  New  York  to  appoint  a  day 
i'or  the  consideration  of  this  bill,  when  these  interested  in  the 
matter  might  be  present,  and  the  Senate  be  full.  I  do  not  propose 
this  morning  to  enter  into  the  discussion  of  the  subject,  or  to  an- 
swer the  remarks  of  the  Senator  from  New  York.  My  object 
simply  IS  to  have  an  understanding  with  the  Senator,  that  this  bill 
shall  either  be  set  down  lor  a  particular  day,  or  if  passed  by  in- 
formally now,  that  an  understanding  may  be  had  that  it  will  not 
be  called  up  without  previous  notice.  To  one  remark  of  the  hon- 
orable Senator  which  he  made  in  the  commencement  of  his  speech, 
I  may  be  permitted  to  allude,  as  without  reply  it  "might  prejudice 
the  interests  of  some  of  those  who  are  interested  in  the  bill.  It 
has  been  stated  by  the  Senator  from  New  York,  that  this  bill  was 
originally  passed  in  a  great  hurry  by  Congress,  thus  insinuating 
that  it  was  passed  without  due  reflection  and  deliberation.  Now, 
it  is  true,  that  the  bill  passed  without  much  debate,  but  I  think  it 
can  be  made  perfectly  manifest  to  the  Senate  when  they  come  to 
look  into  the  facts  of  the  case,  that  if  there  were  any  hurry,  it  was 
owing  to  the  circumstance  of  the  case,  and  that  the  bill  was 
promptly  passed,  in  order  to  atford  protection  to  the  lives  and 
property  of  our  citizens.  But,  however,  that  may  be  with  regard  to 
the  passage  of  the  bill ,  certain  it  is,  that  there  has  been  since  abund- 
ance of  time  for  reflection.  Every  year  since  the  passage  of  this 
law,  down  to  the  present  day,  these  pilots  of  New  York  have 
presented  themselves  here  for  the  purpose  of  obtaining  its  repeal. 
At  one  time  it  received  the  consideration  of  a  committee  of  this 
body,  and  a  report  was  made,  which  is  now  upon  the  files  of  the 
Senate,  and  ever  since  the  subject-Has  been  repeatedly  presented, 
not  only  here,  but  throughout  the  country.  It  has  thus  under- 
gone a  very  attentive  examination.  After  a  most  mature  consid- 
eration of  "the  whole  subject,  the  Legislature  of  New  York  finally 
came  to  the  conclusion,  that  the  law  as  it  now  stands  was  a  just 
one,  and  should  bo  maintained  ;  I  speak  of  the  resolution  which 
passed  the  Lecislaturc  relative  to  this  very  subject.  However,  I 
do  not  intend  to_go  into  the  subject  now,  but  merely  remark,  that 
if  these  pilots  showed  half  as  much  attention  to  the  ships  coining 
into  the  port  of  New  York  as  they  have  to  this  bill,  there  would 
be  no  ground  of  complaint.  I  move  that  the  bill  be  postponed  to 
a  future  day. 

Mr.  DAVIS,  of  Massachusetts. — If  I  had  supposed  that  this 
bill  was  coming  up  this  morning.  I  would  have  brought  with  me 
certain  documents  and  papers,  whioh  bear  upon  the  subject. — 
Without  going  into  the  matter  as  fully  as  I  wonid  have  done  had 
1  been  aware  that  the  consideration  of  it  was  to  be  taken  up  in  the 
morning  hour  to-day,  I  may  throw  out  one  or  two  ideas  in  refer- 
ence to  it.  I  generally  agree  with  the  honorable  gentleman  from 
I^ew  York,  on  mo«t  oUlioae  commerciftl  aubjectsj  but  1  caanot, 


in  the  present  ease  at  all  concur  with  his  views.  In  my  judgment 
it  is  not  expedient  to  repeal  this  law,  and  I  agree  with  my  friend 
from  New  Jersey  that  this  is  a  measure  of  very  great  importance, 
affecting  interests  of  considerable  magnitude,  and  is  not  to  be 
passed  upon  hastily  or  inconsiderately.  The  first  inquiry  that  na- 
turally presents  itself  is,  who  desires  the  repeal  of  this  law?  So 
far  as  I  am  able  to  ascertain,  the  repeal  of  the  law  is  not  sought 
or  desired  by  any  parties  except  the  pilots  belonging  to  the  city  of 
New  York.  I  believe  that  the  papers  relating  to  the  subject  in 
my  possession  do  not  show  that  any  other  class  of  individuals 
connected  with  the  shipping  interest  of  the  country,  desire  the  re- 
peal of  the  law,  except  those  pilots.  And  why  do  they  desire  a 
repeal  of  the  lawT  A  brief  reference  to  the  history  of  the  circum- 
stances in  which  the  law  originated  may  assist  us  in  answering 
this  question. 

It  seems  that  a  combination  existed  among  the  New  York  pilots, 
antecedent  to  the  passage  of  this  law,  by  which  they  entered  into 
an  arrangment  to  distribute  amongst  themselves  the  fees  received 
from  pilotage  in  that  harbor;  and  that  in  accordance  with  this  ar- 
rangement thev  divided  themselves  into  parlies,  going  down  alter- 
natively to  Sandy  Hook,  and  anchoring  there,  bringing  vessels  into 
port  with  as  little  inconvenience  to  themselves  as  possible.  The 
result  was  those  frightful  calamities  by  shipwreck,  to  which  the 
gentleman  from  New  Jersey  alluded,  and  which  were  ascribed  to 
the  want  of  proper  vigilance  on  the  part  of  the  pilots.  The 
wreck  of  the  ''Mexico,"  and  several  other  vessels,  near  the  har- 
bor of  New  York,  involving  great  loss  of  life  and  property, 
attracted  much  attention  to  the  subject,  and  the  representations 
made  in  consequence  excited  investigation  here,  and  this  law  was 
the  result.  It  was  said,  here  is  a  common  port,  partly  founded 
by  the  State  of  New  York  and  partly  by  the  State  of  New  Jersey. 
The  pilots  of  New  Jersey  are  not  permitted  to  bring  vessels  into 
the  harbor  which  are  bound  for  the  State  of  New  York;  but  they 
are  authorized  to  bring  them  into  the  same  harbor,  provided  they 
are  bound  to  the  State  of  New  Jersey.  Now,  on  this  common 
water,  it  was  said,  we  will  make  the  right  of  pilotage  a  com- 
mon right,  and  create  a  competition,  in  order  to  see  whether 
the  recurrence  of  those  evils  may  be  prevented.  That  was  the 
argument  which  was  presented,  and  under  it  the  law  was  passed, 
authorizing  the  pilots  of  New  Jersey  as  well  as  those  of  New 
York,  to  bring  vessels  into  the  harbor.  What  was  the  result? — 
The  whole  evil  vanished  immediately.  Instead  of  anchoring  qui- 
etly at  Sandy  Hook,  leaving  vessels  to  grope  their  way  into  the 
harbor  as  they  might,  incurring  all  the  dangers  of  shipwreck,  the 
pilot  boats  are  now  often  found  one  hundred  miles  out  at  sea  in 
search  of  vessels.  Free  competition  has  been  created,  shipwrecks  in 
the  neighborhood  of  that  harbor  are  almost  unknown,  and  the  pilot- 
age of  that  important  harbor  has  been  placed  on  a  footing  highly 
satisfactorv  to  ihe  merchants,  ship-owners,  ship-masters,  insurance 
offices,  and  all  intrusted  in  the  navigating  and  commercial  inter- 
ests of  the  port.  I  do  not  know  whether  I  am  authorized  to  say 
that  there  is  not  a  merchant  in  the  city  of  New  York  who  would 
desire  the  repeal  of  this  law;  but  I  think  I  am  authorized  to  say 
that  every  insurance  office  in  that  city,  the  Chamber  of  Commerce, 
and  the  merchants  generally  are  all  desirous  that  the  law  should 
remain  as  it  is;  and  why?  Because  these  interests  are  safe  in  the 
present  condition  of  things,  whereas  they  were  unsafe  under  the 
former  arrangement. 

This  is  a  brief,  general  view  of  the  case;  in  which  the  facts  will 
I  believe  fully  sustain  me.  My  friend  says  that  the  present  system 
works  a  little  practical  injustice  towards  the  State  of  New  York. 
Why,  I  have  understood  the  honorable  Senator  from  New  Jersey 
has  intimated  that  the  New  York  pilots  have  been  diligent  in  sea- 
son and  out  of  season,  since  the  passage  of  the  law,  endeavoring 
to  obtain  a  repeal  of  that  law;  not  because  they  are  impelled  or 
justified  by  any  of  the  great  interests  involved,  but  because  they 
desire  a  monopoly,  under  the  presumption  that  they  will  make  a 
proper  use  of  their  power  if  you  repeal  this  law.  Well,  I  am  con- 
vinced that  none  of  those  interested  in  insurance  business  or  in 
properly  afloat  upon  the  ocean,  will  desire  that  experiment  to  be 
tried.  But  the  gentleman  from  New  York  contends  that  it  works 
some  practical  inequality — that  a  certain  degree  of  power  is  taken 
from  New  York,  heretofore  conceded  to  her,  and  which  ought  to 
remain  there.  >. ow  what  is  the  theory  of  this  pilot  law?  I  ap- 
prehend that  my  friend  from  New  York  has  fallen  into  a  little  er- 
ror, in  reference  to  the  exercise  of  this  power  by  the  States.  He 
says,  very  truly,  that  in  1789  Congress  passed  a  la%v  recognizing, 
and  perhaps,  adopting — I  am  quite  willing  it  should  be  so  re- 
garded— the  then  existing  laws  of  the  United  Stales  upon  the  sub- 
ject of  jiilotagc,  making  the  laws  of  the  States  their  own  laws; 
but  they  go  a  step  farther  than  that,  and  intimate  that  tiie  laws 
hereafter  passed  by  tlio  several  States  shall  be  the  laws  to  regu- 
late pdotage,  and  that  that  is  a  grant  of  power  to  the  States  under 
the  constitution  of  the  United  States.  Well  now,  I  apprehend 
that  if  the  gentleman  will  reflect  for  one  moment  on  this  view  of 
the  subject  lie  will  be  incliuedto  doubt  whether  that  was  the  intent 


of  that  law.  I  do  not  think  it  is  legitimately  subject  to  such  a 
construction.  Such  a  view  of  it  is  not  reconcilable  with  the  con- 
stitution. It  is  tpiite  impossible  that  Congress  should,  bv  its  leg- 
islative power,  change  the  terms  and  conditions  of  the  constitution. 
If  this  power  to  regulate  pilotage  be  vested  in  Congress  alone, 
why,  then.  Congress  can  control,  by  legislation,  no  power  in  the 
States.  It  is  n  solecism  to  assume  that  Congress  can  amend  or 
change  the  constitution  by  an  act  of  legislation.  I  think  it  is  ne- 
cessary only  to  state  that  view  of  the  case,  in  order  to  hftv*  tb«  ro- 

AUlt  to  which  the  ausd  i«  led,  made  perfectly  pulpable. 


ApRit  13.] 


THE  PILOT  LAWS. 


487 


Mr  DIX  —I  stated  th&t  Cottgrtsa  recognized  the  future  lepis- 
lation  of  the  States,  and  by  so  doing  virtually  clothed  the  States 
with  power  over  this  subject,  to  be  exercised  by  them  "nf/^: 
sumed  by  the  legislative  power  of  the  general  government.  I  had 
no  idea  that  the  form  of  the  constitutional  power  was  changed. 

Mr.  DAVIS  —This  is   precisely  the  thing  against  which  I  con- 
tend.    Congress  can  confer  no   power  by  legislative  acts,  unless 
conferred   by  the    constitution    itself.     How    then  arc    the    State 
laws   to    be    sustained  ?     It    is    evident    that    the    States    were 
regarded   by   Congress   as    having  "a   concurrent   power   on    this 
subject.      They    have    exercised    it    all    times,    and   they   by^  no 
means   derive    that    power   from    the    legislative   action  of   (.'on- 
gress.      The    harbor    laws,    health— regulations,     and    all    that 
power  exercised   by   the    States,  the    whole   system    of  sanitary 
law«  IS  based  upon  the  ground,  that   the    States    hold   concurrent 
power  with  the  United    Slates      The  United    States   may,  when 
they  choose  to  exercise  the  power  exclude  the  States,  but  so  long 
as  they  are  not  excluded,  the   States  have  a  right  to  exercise  the 
power.     However,  this  is  not  a  very  material  question.     I  believe 
no  one  doubts  the  authority  of  the  States  to  legislate  on  the  subject. 
The  question  now  before  us    is  simply,   whether    the   law    of   the 
United  States  shall  be  repealed,  and  we  shall  return  to  the  system 
which  existed    at  the  time  when  this  law   was  made.     And  what 
are  the  reasons  urged  for  the  repeal  ?     New  York  in  common  with 
New  Jersey  exercises  jurisdiction  with  regard  to  the  pilotage  over 
that  water  by  which  both   States  are  in  part   bounded.     And  it  is 
said  that  the  State  of  New  York  cannot  regulate    her    pilotage  to 
her  satisfaction.     Why  not  ?     The  State  of  New  Jersey  regulates 
it  by  law.     She  finds  no  difficulty    in  subjecting   the  whole  system 
to  the  control  of  her  law,  nor  in  carrying  the    law  into  execution. 
The  State  of  New  York  might  adopt   the  same  system,  and  carry 
it  out  as  successfully  as  the  State  of  New  Jersey.     Why  then  should 
the  law  be  repealed  ?     It  is  alleged  that  the  Jersey  pilots  are  incom- 
petent.   Well,  who  is  the  best  judge  of  that — those  who  own  vessels 
—those  who  insure  them— those  who  have  property  on  board— or  the 
pilots  themselves?   Is  it  at  all  likely  that  the  system  can  be  an  unsafe 
one,  when  for  eight  or  ten  years — for   eleven  years,  as  I  am  just 
now   informed    by  my  friend    from   New    Jersey,  the    system  has 
gone  on  successfully   to  the  perfect    satisfaction    ol   the  shipping 
interest,    the     insuring   interest,   the   merchants,    and    all  others 
whose  interests  are  concerned.     It  is  obvious  that  the  sole   motive 
and  object  of  those  who  seek  the   repeal  of  the  law,  is   to  regain 
possession  of  that  monopoly  which  they  formerly  enjoyed.     I  might 
by  adverting  to  authorities  make  good    the  position  which    I  have 
assumed,  that    the  interests  of  the  country    imperatively  demand 
of  Congress,  that    this  law   should    be   sulfered  to  remain  as  it  is. 
Certainly  the  law  should  be  allowed    to    stand   until   the    Stale  of 
New  York  call  upon  us  by  its  action  to  interfere  with  the  present 
system. 

Mr.  CASS. — As  the  morning  hour  has  expired  I  trust  that  this 
subject  will  be  passed  over  informally,  so  that  the  special  order 
may  be  taken  up. 

Mr.  DIX. — I  merely  wish  to  say  that  I  do  not  intend  to  conti- 
nue the  debate,  but  to  remark  that  I  do  not  believe  one  word 
has  been  urged  against  the  bill  by  the  gentlemen  who  have 
spoken  in  opposition  to  it,  which  is  not  susceptible  of  satisfactory 
explanation.  The  gentleman  from  New  Jersey  thinks  that  I 
am  in  error  in  saying  that  the  law  was  hurried  thmugh  both 
branches  of  Congress.  In  reply  I  would  simply  state,  that  the 
bill  was  mtroduced  into  this  body  on  the  28th  of  February— it  not 
being  even  leap  year— and  received  three  readings  the  same  day. 
It  then  went  to  the  other  house  where  it  passed  in  the  same  man- 
ner on  the  2dofMarch,  without  any  debatfc  and  very  liitle  considera- 
tion, as  I  believe,  and  after  a  committee  in  the  other  house  had  re- 
ported against  any  action  on  the  subject.  I  wish  to  make  this  state- 
ment in  order  to  correct  the  Senator  in  imputing  to  me  any  error.  I 
will  now  move  that  this  subject  be  passed  by  informally  and  the  order 
of  the  day  be  taken  up.  I  have  no  desire  to  press  the  matter  now; 
nor  shall  I  call  the  bill  up  in  the  absence  of  those  Senators  who 
-    may  bo  particularly  interested  in  it. 

The  bill  was  then  passed  over  informally. 

THE    CALlrOBNIA    CLAIMS. 

The  Senate  resumed  the  consideration,  as  in  Committee  of  the 
Whole,  of  the  bill  for  ascertaining  and  paying  the  California  claims. 

The  question  pending  was  upon  agreeing  to  the  motion  made 
by  Mr.  Mason,  to  recommit  the  bill  to  the  Committee  on  Military 
Affairs,  with  instructions  to  amend  it. 


Mr.  BADGER  requested  the  Senator  from  Virginia  to  withdraw 
his  motion  for  the  moment,  to  afford  him  an  opportunity  of  offering 
an  amendment. 

Mr.  MASON  assented  and  withdrew  his  motion. 

Mr.  BADGER  then  moved  to  amend  the  bill  by  striking  out  the 
words  ''the  President  be,  and  he  hereby  is,  authorized  to  appoint 
a  board  consisting  of"  in  the  9th  and  10th  lines  of  the  2d  section, 
and  by  striking  out  the  word  "which"  in  the  12th  line,  and  insert- 
ing in  lieu  thereof  the  words  "to  be  selected  by  the  President  of 
the  United  States  shall  constitute  a,"  and  by  inserting  in  said  line 
the  word  "which"  after  the  word  "board." 

The  amendment  was  agreed  to. 

Mr.BADGEK — I  wish  to  submit  ft  very  few  remarks  without  go- 


ing at  all  into  the  history  of  these  claims.  The  qiiestion  has  been  al- 
ready discussed  in  a  full  and  satisfactory  manner  by  gentlemen  who 
are  perfectly  familiar  with  all  the  facts.     I  desire  only  to  submit  a 
few  observations  to  the  Senate  in  reference  to  the  supposed  consti- 
tutional difficulty  relative  to  the  manner   in  which  this  board  is  to 
be  constituted.     If  I   understand  the  honorable  Senator  from  Vir- 
ginia correctlv,   he  supposes  that  this  is  a  bill  undertaking  to  ac- 
complish by  direct   legislation,  what  in  consistency  with  the  con- 
stitution can  be  done  only  through  the  intervention  of  the  action  of 
the    Executive — and    upon  the   ground   that   we  propose  here  by 
a  statute  to  appoint  certain  odicers  of  the  United  States— whereas 
the  constitution  declares  that  officers  of  the  United  States  shall  be 
nominated  by  the  President,  and  be  by  him  appointed  by  and  with 
the  advice  and  consent   of  the  Senate.     If  this  were  so,  it  would 
follow   as  a  clear  and  undeniable  consequence  that  the  Senate  is 
bound  either  to  reject  the  bill,  or  so  to  alter  this  provision  as  to 
make  it  conformable  to  the  constitution.     But  in  my  apprehension 
that  objection  is  founded  on  a  mistake.     That  section  of   the  bill 
contemplates  the  doing  of  nothing  that  is  in  violation  of  the  consti- 
tution of  the  United  States.     It  does  not  propose  to  appoint  offi- 
cers of  the  United  States  in  the  sense  in  which  the  constitution  uses 
those  terms  in  reference  to  the  power  of  appointment  by  the  Pre- 
sident.    The  constitution  necessarily   deals  in  general  terms,  and 
it    follows  as    the    framers  of  that   instrument,   to   avoid    nei=d- 
less    and     embarrassing    specification    use    general    terms  ;    an 
interpretation  is  to  be   given  to  the  constitution  with  reference  to 
the  existing  wants  and   necessities  of  the  people,  and  continual 
reference   is  to   be   had  to  the   great  purposes  which  we  should 
suppose  were  intended  to  bo  accomplished   by  the  particular  pro- 
vision under  consideration. 

Now,  in  the  first  place,    I    do    not   look   upon  the  persons  pro- 
posed to  be  designated  by  this  bill  as  officers  of  the  United  States 
in  the   sense   of  the   constitution.     It  is   manifest   that   there  are 
many  agencies,  trusts,  charges,  which   the   necessities  of  the  go- 
vernment may  require,  in  reference   to  which  the  persons  who  are 
called  upon  to  discharge  and  perform  those  duties  cannot  be  called 
officers  of  the  United  States  in  the  sense  in  which  the  constitution 
uses  the  term.     In  one  sense  they  are  officers.     The  duties  which 
they  discharge  may   be  said  to  constitute   an  office,    for  there  is 
perhaps  no  word   in    the    English  language  of  more  extensive  sig- 
nification than  the    word   office.     It  embraces   every  duty  which 
we  are  called  upon  to  discharge  in  our  relations  to  others,  whether 
judicial,  executive,  administrative,  or  otherwise  ;  and  all  the  func- 
tions which  we  are  called  upon  to  perform — so  far  as  they  respect 
the  benefit  and  happiness  of  those  persons,  and  which,  therefore, 
places  us  in  the  confidential  relation   of  trust   towards    them — are 
emphatically  offices.     The  State   itself  is  an  office,  the  duties  to 
be  discharged  are  offices,  but  the  word  is  used  also  in   a  restric- 
ted and  defined  sense.     When   the   government  finds  it  necessary 
to  call  upon  somebody  to  examine  into  an  individual  claim    and  to 
determine  whether  that   claim   against  the   governmem  is  just  or 
not,  is  the  person  thus  chosen  an  officer  of  the  United  States  with- 
in  the  meaning  of  the   constitution  ?     If  the   government  of  tha 
United  Slates  or  if  Congress  think  proper  to  call  artists  to  adorn 
these  halls  with  pictures  and  statuary,  is  the  person  who  is  called 
upon  to  execute  this  work   an   officer  of  the  United  States  within 
the  meaning  of  the  constitution,  and  to  be  appoinied  with  the  ad- 
vice and  consent  of  the  Senate  ?     If  Congress  find  it  necessary  to 
make  a  collection  of  state  papers  and  to  iiave  them  condensed  and 
arranoed,  and  a  general  review  of  the  historical   and   diplomatio 
transactions  of  the  country  executed,  is   the   person  who  is  called 
upon  to  discharge  that  duty  an  officer  of  the  United  States  within 
the  meaning  of  the  term  as  used   in   the   provision  of  the  constitu- 
tion to  which  I  have  referred  ?     I   apprehend  these  questions  must 
all  be  answered  in  the  negative.     And   these  and  other  temporary 
and  occasional    employments   cannot    be    confounded    with   those 
continuing  public   trusts    which,    in    the   constitution,   are  called 
offices.     I  admit  that  in  thi.s  as  any  other  moral  subject,  the  boun- 
dary which   subdivides  its   different   parts,   is    not,  and  cannot  be 
defined  with  exactness,  and  hence  as  you  advance  towards  it,  you 
find  yourself  in  some  degree  of  obscurity,  and  at  length  find  your- 
self unable  to  ascertain  with  precise  accuracy  to  which  side  of  the 
line  a  particular  class  of  subjects   belonss.     But  still   we  have  to 
deal  with  these  as  with  every  other  moral  subject,   by  taking  the 
guidance  of  common  sense  and  reason.     And   inasmuch  as  the  es- 
tablishment of  a  contrary   doctrine  would  involve  great  practical 
difficulties  in  carrying  on   the  government,  I  should  feel  content — 
even  if  the  past   history  and   practice  of  the   government  did  not 
furnish  any  precedents — to  give  to  ihis  term  the  signification  which 
I  have  now  stated   in   its  connection   with  the  bill  before  us.     But 
this  point  has  been  already  decided,  and   sensible  for  my  own  part 
of  the  great  importance  of  regarding  the  constitution  as  the  same 
at  all  limes  and  places,  I  believe  that  in   all   eases  in  which  ques- 
tions have  been  fully  considered  and  solemnly  decided,  they  should 
be  regarded  as  settled  at  once  and  forever.     Gentlemen  may  differ 
however  in  this  view  of  the  subject,  though  it  seems  to  me  that  in 
a  question  of  this   kind    it    is    absolutely  indispensable  unless  we 
would  fetter  ourselves   at   every    step   of  our    progress — that  we 
should  yield  to  what  has  been  the  clfear  undoubted  authority  of  all 
the  departments  of  this  government,    legislative,  executive  and 
judicial.     Let  me  now  refer  to  a  few  of  the  cases  of  legislation  in 
which  the  same   general  principle  may  be  considered  as  being  in- 
volved . 


filh  Febniary,  1817.  By  the  act  of  this  dale  John  Tttnilutl.  of  Connecticut,  wat 
emploved  to  compose  anil  eiecule  four  paintings  commemoraliveof  the  mosl  impor- 
tant evente  of  the  revolntion,  to  be  placed  when  finished  in  the  Capitol  of  the  Vnilpd 
State*. 


483 


CALIFORNIA  CLAIMS. 


[Thttrsday, 


Sd  March.  1831.  By  tlio  act  of  this  dale  0(da  St  SiiUm  were  dnienated  bt  name 
to  forni^h  a  poblicalion  of  Slate  papers  aDderoertain  prescribed  termiaDd  eondinoni. 

2d  Match.  )S33.  By  the  act  of  tliis  date  Matthew  St.  Clair  Clark,  and  Peter  Force, 
were  desipnated  hv  name  lo  famish  a  Documentary  History  of  the  Revolntion,  nnder 
certain  prescribed  terms  and  conditions. 

2d  March,  1)?29.  By  the  act  of  this  date  L.  Penico  was  employed  to  eiccate  two 
Itatotes  in  front  of  the  Capitol.  &c. 

2d  Match.  1831.  By  the  act  of  this  date,  the  eiJiployed  ot  James  Parker  was  sanc- 
tioned, and  he  was  compensated  fot  investigating  the  account  of  Robert  Arnold,  lato 
collector  of  Amboy, 

7th  July.  l^'BS.  "By  the  act  of  this  date  a  mission  among  the  wild  tribes  of  Indians 
of  thesonthwe:,t.  by  .9.  P.  Chouteau,  auihrrized.  ;ind  an  appropriaIionV>f  S*0."f^ 
made  for  his  otjttit.  and  theex|ienditores  growing  out  of.  and  connected  with  btingirg 
on  deputations  of  said  tribi?s.  which  he  has  been  authorized  to  do. 

7th  July.  lH3c(.  By  an  act  of  this  date  Dr.  Henry  Perrinc  was  authorized  to  form 
a  settlen  ent  and  atlniit  settlers  Qpon  certain  conditions  with  a  view  to  promote  and 
encourage  the  introrluction  and  cultivation  of  tropical  plants  in  the  United  Slales. 

29th  Se|)lember,  17H9.  Act  to  recognize  and  adoftt  to  the  coustilution  of  the  United 
Btates  the  establislimentof  the  troops  raised  nnder  the  resolves  of  the  United  States  in 
Congress  assembled,  and  for  other  purposes  therein  mentioned,  by  vvliith  all  the  offi- 
cers belonging  to  tlie  niilitary  force  Dnder  the  confederation  were  at  once  made  otEcers 
of  the  L'nited  States  bv  forceof  the  act  itself. 

14th  Jnly,  IW3-2.  By 'act  for  the  relief  of  the  legal  representatives  of  Nimrod  Farrow, 
and  Richard  Harris.  Third  Auditor  of  the  Treasury.  2d  Comptroller,  and  Cftflr/«j 
Gratiot  were  authorized  to  examine  the  claims  of  the  said  representatives  to  take 
tefitiraony  and  report  the  same.  Sec. 

This  last  case  is  precisely  like  that  now  under  consideration  of  the 
Senate.  This  bill  provides  that  the  board  shall  be  constituted  of 
three  individuals,  of  whom  one  is  expressly  designated  by  name  ; 
the  other  two,  to  be  selected  by  the  President  from  the  officers  of 
the  late  California  battalion.  What  are  they  to  do?  To  dis- 
charge precisely  the  same  functions  as  those  which  devolved  upon 
the  commissioners  under  the  provision  of  the  act  just  cited.  We 
thus  find  that  immediately  after  the  adoption  of  the  constitution 
there  was  not  thought  to  be  any  difTiculty  in  Congress  by  an  act 
of  legislation  bringing  into  the  service  of  the  United  Slates  a  whole 
class  of  officers  without  any  nomination  by  the  President,  or  con- 
firmation  by  the  Senate,  or  appointment  by  any  person  acting  in 
behalf  of  the  United  Slates.  These  are  all  legislative  precedents; 
but  inasmuch  as  they  were  act.>  of  Congress,  and  all  received  the 
approval  and  sanction  of  the  President  of  the  United  Stales,  they 
involve  the  undoubted  approbation  of  the  legislative  and  executive 
departments  of  this  country  in  regard  to  the  proposition  for  which 
1  contend — that  whatever  may  be  the  meaning  of  the  term  officer 
of  the  United  Slates  as  used  in  the  constitution,  it  does  not  include 
those  commissioners  who  are  employed  in  the  occasional  auditing 
and  settlement  of  accounts,  and  examination  of  claims  against  the 
government,  nor  require  that  the  persons  who  are  to  discharge  these 
duties  should  be  appointed  by  the  President  of  the  United  Slates. 
Doubtless,  Congress  can  if  it  please  constitute  an  office  for  this 
purpose  if  it  deem  that  the  best  mode  of  accomplishing  the  object. 
But,  il  in  their  wisdom  they  choose,  as  m  the  present  case,  that 
the  duty  shall  be  performed  by  commissioners,  they  may  constitute 
that  cnmmission  in  any  way  which  seems  best,  subject  to  the  usual 
provision  that  it  meet  the  approbation  of  the  President  of  the 
United  States. 

But  I  said  that  this  view  of  the  question  has  received  judicial 
sanction.  Early  in  the  fiist  term  of  General  Washington's  admin- 
tration,  an  act  was  passed  by  Congress  to  provide  for  the  settle- 
ment of  claims  of  the  widows  and  orphans  of  those  who  fell 
in  the  war.  By  that  law  the  claimants  were  directed  to  apply  to 
the  circuit  courts  of  the  United  States,  which  were  to  receive 
the  evidence — examine  the  merits  of  the  claims,  and  pass  their 
judgment  upon  them.  What  was  the  view  tfeen  of  the  law 
by  the  judgiis  ?  I  read  from  "American  State  Papers  ;"  Miscel- 
laneous Volume — p.  49  : 

^*At  ff  ftated  circuit  court  of  the  l'nited  States  held  for  the  district  of  Xcio  York,  at 
the  Citt/  of  Js'cw  }'ork,  on  Thursday,  the  fjlh  day  of  .■Jprii,  one  thousand  seven 
hundred  and  nindit-tiro,  at  lev  of  the  clock,  ante  mcrcdtan. 

"Present:  The  Honorable  John  Jay.  Esq..  Chief  Justice  of  the  United  Slates; 
the  Honotaule  Wilhain  Cusliing.  Esq..  one  of  the  associate  jnstices  of  the  Supreme 
Court  of  the  United  States  ;  the  Honorable  James  Ituane,  Esq.,  judge  of  the  ttisttict 
of  New  York. 

"The  court  proceeded  to  take  into  consideration  the  following  act  of  Congress  of  the 
United  States,  viz : 

"AN  ACT  to  provide  for  the  settlement  of  the  claims  of  widows  and  orphans  bar- 
red  by  the  liraitntious  lieretoforL-  estabhshed.  and  to  regulate  the  claims  to  invalid 
pensions. 

"As,  therefore,  the  business  assigned  to  this  ronrt  by  the  act  is  not  jnrlirial,  nor 
directed  to  he  performed  judicially,  the  act  can  only  he  considered  as  appointing  com- 
mifsioners  for  the  purposes  mentioned  in  it  by  officint  instead  of  personal  descriptions. 

"That  the  judges  of  this  court  regard  themselves  as  being  the  commissioners  desig- 
nated by  this  act.  and  therefore  as  being  :ft  liberty  to  accept  or  to  decline  that  oflice. 

"That  as  theolijects  of  this  act  are  exceedingly  benevolent,  and  do  real  honor  to  the 
hnmanity  and  justice  of  Congress  ;  and  as  the  judges  desire  to  manifest,  on  all  iiroper 
occasions,  and  in  every  proper  manner,  their  high  respect  tor  the  National  Legislature, 
Iher  will  execute  this  actio  the  capacity  of  commissioneni. 

"That  as  the  Legislature  have  a  right  to  extend  the  session  of  this  court  for  any 
term  which  they  may  tiiink  proper  by  law  to  assign,  the  term  of  five  days,  as  directed 
by  Ibis  act.  ought  lo  be  jmnciually  observed. 

"That  the  judges  of  this  court  will,  as  usual,  during  the  session  thereof,  ntljourn  the 
court  from  dav  to  dav.  or  oUier  short  jienods,  as  ciicnmstances  may  under  proper ; 
and  that  thcv  will  legiilarly  between  the  adjournments  pioetvd  as  voniniissioncrs  to 
eiecute  the  business  of  this  act,  iu  the  same  court  room  or  chamber." 

It  is  thus  clearly  seen  that  the  court  recognizes  the  authority  of 
Congress  lo  constitute  the  coamissionurs  by  name,  for  they  say  they 
will  interpret  the  act  as  one  appointing  them  commissioners  by  of- 
ficial instead  of  personal  description.  Here,  then,  we  have  cases 
continually  occurring  from  178U  down  to  the  present  day  in  which 
the  principle  for  which  I  contend  has  been  fully  recognized  and 
SiinciioneJ.  One  of  these  cases  is  of  recent  occurrence.  I  allude 
to  the  appointment  of  an  arbitrator  in  the  Pea  Patch  Island  case. 
I  will  not  trouble  the  Senate,  however,  by  a  reference  to  those 
oases.    Enough  baSj  I  think,  beea  submitted  to  satisfy  the  Senate 


that  there  is  no  oonttitatiott&l  imp«dim«lit  to  the  passage  of  the 
bill  before  it. 

Mr.  RUSK.— Mr.  President :  It  is  my  desire  to  trouble  the  Se- 
nate for  only  a  very  few  moments  in  regard  to  these  claims,  to  the 
payment  of  which  I  have  heard  no  opposition.  All  seem  to  admit 
their  justice,  and  appear  to  have  no  objection  to  the  passage  of 
such  a  law  as  may  be  necessary  lo  ensure  their  speedy  settlement. 
The  only  difficulty  which  has  been  started  in  opposition  to  the  bill 
before  us,  is,  that  Congress  has  not  the  power  to  name  commis- 
sioners or  appoint  an  indi\idual — call  him  what  you  will,  officer, 
arbitrator,  or  what  you  please — to  determine  the  amount  of  the 
claims. 

This,  Mr.  President,  appears  to  me  to  be  a  strange  doctrine, 
more  particularly  at  a  time  when  so  many  complaints  are  heard 
about  Executive  patronage  and  the  difficulties  into  which  the  ex- 
tension of  it  is  leading  us.  It  seems  very  strange  that,  jiist  at  this 
moment,  we  should  claim  for  the  Executive,  without  any  direct 
and  posijive  statement  to  that  effect,  it  is  true,  but  by  inlerence, 
powers  which,  as  the  courts  have  decided,  do  not  properly  belong 
to  him.  What  is  the  case  before  us  ?  Certain  individuals  have 
claims  against  the  government  of  the  United  Stales,  and,  whether 
they  he  lew  or  many,  one  or  a  thousand,  the  principle  is  precisely 
the'same — this  Congress  has  the  power,  the  right,  it  is  their  duty, 
and  they  are  in  the  daily  performance  of  that  duty,  to  investigate, 
to  look  into,  and  determine  upon  such  claims  and  provide  by  law 
for  their  payment.  They  refer  similar  claims  to  their  committees, 
and  are  inthe  daily  habit  r  f  assigning  them  for  examination  to  the 
Solicitor  of  the  Treasury,  the  Secretary  of  War,  the  Auditors  of 
the  Treasury,  and  other  officers.  And  for  what  purpose  ?  Why, 
sir,  lo  ascertain  whether  llie  claims  be  just.  It  is  not  a  public  or 
official  duty  which  the  individual  to  whom  a  claim  is  thus  referred 
is  called  upon  to  perlotm;  it  is  a  private  duty,  separate  and  dis- 
tinct  from  any  official  relation.  Therefeience  is  (or  the  purpose  of 
detennining  whether  the  claim  be  just  or  not,  and  if  the  referee,  a» 
arbittator,  determine  tliat  it  is  just,  we  pass  the  laws  for  paying 
it.  Now,  sir,  this  is  a  reference,  not  to  the  officer  selected  as 
such,  for  the  purpose,  but  to  the  individual,  the  name  of  the  office 
being  merely  used  by  way  of  designation  or  description.  It  inay 
be  contended  that  this  is  nolhing  more  than  imposing  an  addition- 
al duly  upon  on  officer,  whose  duties  are  already  prescribed  and 
defined  ;  but  this  is,  in  my  opinion,  a  mistake.  The  duty  thus  im- 
posed is  of  a  specific  and  not  of  a  public  character.  We  refer,  for 
instance,  the  claim  of  A  B  to  the  Auditor  of  the  Post  Office  De- 
partment. I  would  ask,  does  it  therefore  follow  thtit  we  invest 
that  officer  with  Ihe  right,  also,  to  decide  upon  the  glaim  of  CD? 
Clearly  not.  Hence  it  is  not  an  additional  official  duty  imposed, 
bui  merely  a  simple  reference  of  a  private  matter. 
,  The  constitution  declares  that  all  officers  whose  appoinlment  is 
not  otherwise  provided  for,  shall  be  appointed  by  the  President. — 
The  clause  to  which  I  have  reference  is  in  these  words.  Enume- 
rating the  powers  of  the  President,  it  declares  : 

"  He  shall  have  power,  by  and  w-ilh  the  advice  and  consent  of  the  .*^enate,  to  maka 
treaties,  ynovidert  two  thiids  of  the  Senators  present  concur;  and  he  shall  nomiliate, 
and  bv  and  with  the  advite  and  consent  of  the  Senate,  shall  appoint  auibassadon. 
other  public  ministers  and  consuls,  judges  of  the  Supreme  Court,  and  ah  other  offifers 
of  the  United  Slales.  whose  appointments  are  not  herein  otherwise  provided  for,  antl 
which  shall  he  established  by  law  ;  but  the  Congress  may  by  law  vest  the  appoint- 
ment of  snch  inferior  officers  as  they  think  proper,  in  the  President  alone,  intbecoutU 
of  law,  or  in  the  heads  of  departments." 

This  is  the  clause  under  which  it  is  assumed  the  proposed  ap- 
pointment is  unconstitutional.  The  question  then  arises,  what  is 
the  meaning  of  the  term  "otficer  ?"  What  is  the  precise  in  erpro- 
talion  intended  to  be  attached  to  the  word  "officer"  by  the  framers 
of  the  constitution  ?  Did  they  use  it  in  its  most  bi;oad  and  unre- 
stricted sense?  According  lo  the  most  comprehensive  meaning  of 
the  term,  the  performance  of  any  duty  m:iy  be  called  an  office, 
and  of  necessary  consequence  he  who  discharg-s  it  becomes  an  of- 
ficer. Is  it  not  preposterous  to  suppose  that  the  framers  of  the 
constitution  intended  to  use  the  word  in  this  uneonfined  sense,  and 
thus  indicate  that  the  President  should  appoint  every  person  to 
whom  any  duiv  may  be  assigned?  It  seems  to  me  that  the  only  con- 
struction which  can  be  fairly  and  legitimately  put  upon  this  article  of 
the  constitution  is.  that  it  provides  lor  1  he  appointmentof  public  func- 
tionaries or  those  officers  who  are  attached  generally  to  the  service  of 
the  government  of  the  United  States,  and  indispensable  in  carrying 
out  the  ordinary  administration  of  its  affairs.  The  word  "officer," 
in  this  connection,  carries  with  it  the  idea  of  permanence  and  of 
vacation  and  succession.  According  to  the  common  law,  officers 
are  said  to  bo  of  two  kinds,  public  and  private.  It  is  laid  down, 
and  no  one  will  dispute  the  assertion,  that  an  attorney  at  law  is 
an  officer  of  the  courts;  and  vet.  no  person  will  venture  to  contend 
that,  under  the  provision  of  ihe  eonslilution  to  which  I  refer,  no 
lawyer  can  practise  in  the  Supreme  Court  of  the  United  States, 
unless  he  be  appointed  by  the  President.  Attorneys  are  admitted 
to  the  bar  by  the  permission  of  the  court  itself;  the  aulhorily  for 
the  rower  thus  exercised  by  it  is  nowiiere  to  be  found-  in  the  stat- 
ute book,  but  is  one  of  the"  incidents  necessarily  connected  with 
the  duo  administration  of  justice.  They  are,  however,  officers, 
nevertheless.  •.  j   . 

There  is  a  case,  Mr.  President,  in  point,  which  was  decided  tn 
Virginia,  and  which  goes  far  to  illustrate  the  difference  between 
a  public  and  a  private  office.  The  case  referred  to  is  that  of  B. 
W.  Leigh,  who  applied  for  admission  to  the  bar  as  an  attorney.— 
They  had  in  Virginia  a  statute  requiring  all  officers  to  take  an 
oath  against  duelling.  Mr.  Leigh  refused  to  take  this  oath,  and 
after  argument  and  deliberate  consultation,  the  court  decided  that 
the  office  of  attorney  was  not  a   public  office   belonging   to   the 


April  13.] 


CALIFORNIA  CLAIMS. 


489 


commonwealth,  and  that,  therefore,  the  applicant  was  not  bound 
to  take  thfi  oath. 

Now,  Mr.  President,  I  will  ask  whether,  if  we  pass  this  bill, 
and  appoint  Colonel  Fremont  to  adjust  these  claims,  he  will  there- 
by become  an  officer  of  the  government  of  the  United  States?  So 
soon  as  he  shall  have  performed  the  duty  assigned  him,  his  office, 
if  you  please  to  call  it  so,  will  cease  to  exist.  It  has  reference  to 
private  claims,  and  is  precisely  of  the  nature  of  an  arbitration. 
And,  sir,  if  Congress  has  not  the  power  to  refer  a  private  claim 
to  an  arhitrator,  who  shall  determine  upon  its  fairness — unless  the 
President  shall  nominate  and  nppoint  such  arbitrator?  Then,  sir, 
none  of  your  federal  ctmrls  have  a  right  to  refer  a  case  to  arbitra- 
tion, unless  the  arbitrators  be  appointed  by  the  executive.  Now, 
sir,  if  such  he  the  provision  of  the  constitution,  would  a  court  of 
the  United  States,  having  eipiily  jurisdiction,  have  a  right  to  ap- 
point even  an  auditor,  unless  under  the  sanction  of  the  President's 
nomination?  Establish  this  doctrine,  sir,  and  you  will  confer  on 
the  President  an  extent  of  patronage  far  greater  than  that  which 
he  at  present  possesses,  and  infinitely  beyond  what,  as  it  appears 
to  me,  the  framers  of  the  constitution  ever  intended  him  to 
exercise. 

But,  Mr.  President,  there  are  authorities  on  this  subject  in  ad- 
dition to  the  decision  of  the  Supreme  Court,  already  cited  by  the 
honorable  Senator  from  North  Carolina,  [Mr.  B.\dger.]  which  is 
of  itself  conclusive  on  this  point.  I  refer  to  the  case  of  Kendall  vs. 
United  States,  in  12th  Peter's  Reports.  On  the  2d  of  July,  1836, 
Congress  passed  a  law  requiring  the  Solicitor  of  the  Treasury 
to  determine  upon  the  amount  of  a  claim  held  by  Stockton  &. 
Stokes  against  the  Post  Office  Department,  which  law  also  re- 
quired that  after  the  Solicitor  should  have  made  his  award  the 
Postmaster  General  should  pass  the  amount  to  the  credit  of  those 
individuals.  The  Solicitor  of  the  Treasury  did  make  his  award, 
not  as  solicitor,  but  as  arbitrator,  and  it  is  in  this  character  alone, 
the  court  consider  him.  They,  sir,  are  not  lound  straining  phrases, 
and  wresting  and  distorting  the  meaning  of  the  constitution,  for 
the  purpose  of  conferring  upon  him  any  other  or  greater  power  than 
that  intended  by  the  relorence,  but  he  is  regarded  and  treated  mere- 
ly as  an  arbitator.  The  Attorney  General  contended  strongly  against 
this  award,  but  he  never  dreamed  of  urging  that  the  law  of  Con- 
gress, which  made  the  Solicitor  of  the  Treasury  the  arbitrator, 
was  unconstitutional.  He  is  regarded  in  that  point  of  view, 
througluHit  the  whole  proceeding,  by  the  Supreme  Court.  That 
distinguished  tribunal  thought  it  was  competent  for  Congress  to 
vest  the  authority  in  an  officer  of  the  government,  or  in  any  one 
else,  and  under  its  decision,  it  seems  to  me,  with  all  due  delerenee 
to  the  opinions  of  gentlemen  more  learned  than  myself,  as  well  as, 
according  to  the  plain  language  of  the  constitution,  Congress 
possesses  the  perfect  right  to  submit  claims  against  the  govern- 
ment to  the  examination  and  arbitrament  of  an  officer  of  the  gov- 
ernment, a  private  citizen,  or  even  of  an  alien;  without,  in  the 
slightest  degree,  interreriiig  with,  or  encroaching  upon,  the  prero- 
gative of  the  President  of  the  United  States. 

I  read,  Mr.  President,  from  12th  Peter's  reports,  page  611  : 

"  Under  tliis  Law  tlic  Postma-ster  General  i^  vested  with  no  diserclinn  or  control  over 
tlje  ilecisions  ot'the  Solicitor;  nor  is  any  iippeal  or  review  ot'tliat  decision  provided  for 
hv  tile  act.  The  terms  of  the  submission  was  a  matter  resting  entirelv  in  liie  discre- 
tion of  Congress;  anii  if  they  thoujilit  proper  to  vest  such  a  power  in  any  one,  and  es- 
jiecially  as  tlie  arbitrator  was  an  officer  oftlie  government,  it  did  not  rest  with  the  Post- 
master General  to  control  Congress,  or  the  sohcitor,  in  that  aJTair.  It  is  unnecessary 
_  to  say  Iiow  far  Congress  niiglit  have  interfered,  by  legislation,  after  the  report  of  the 
■oUcitor.  Bill  if  there  was  no  fraud  or  misconduct  in  tiie  arlritralor,  of  which  none 
is  pretended  or  suggesterl,  it  may  well  lie  qnestioned  whether  the  relations  liad  not  ac- 
quired Hucli  a  vested  right,  as  to  be  beyond  the  power  of  Congress  to  deprive  them 
of  it." 

Now,  sir.  unless  I  am  most  grossly  in  error,  this  decision  of  the 
Supreme  Court  puts  the  question  at  rest,  beyond  the  reach  of  all 
cavil  or  controversy;  and  I  deem  it  entirely  useless  to  say  any 
thing  further  upon  this  point. 

The  question  which  next  presents  itself,  Mr.  President,  is — are 
these  claims  to  bo  paid  ?  It  is  not  my  intention  to  enter  into  a  de- 
tailed history  of  the  transactions  which  gave  rise  to  the  responsi- 
bilities, fur  which  the  government  is  held,  as  I  think  most  justly, 
liable;  but  1  will  go  sufficiently  far  into  the  subject  to  satisfy  every 
unprejudiced  mind  that  the  claims  are  not  only  just  and  equiable,but 
farther,  that  they  are  of  the  most  binding  and  sacred  character — 
that  they  should  be  immediately  paid,  and  that  the  interests  of  the 
government  will  be  best  promoted  by  the  prompt  liiiuidation  and 
payment  of  them.  What,  sir,  I  would  ask,  are  the  nature  and 
character  of  these  claims  ?  What  are  they  ?  In  the  early  part  of 
the  year,  IS46,  we  find  Col.  Fremont,  iii  California,  engajed  on 
bu!<iness  totally  unconnected  with  the  army,  and  pursuing  his  topo- 
graphical researches.  After  having  obtained  authority  from  the 
Governor  of  the  province,  to  make  his  surveys  and  examinations, 
for  the  purpose  of  increasing  the  stores  of  human  knowledge,  and 
having  entered  upon  his  scientific  labors,  we  behold  him  notified, 
that  ho  must  quit  the  country.  This  notice  was  pcremptorv,  and 
given  in  a  manner  highly  olVensive  and  insulting.  Having  de- 
layed a  few  days  after  the  notice,  he  was  threatened  with 
being  driven  out  of  the  country.  It  is  probable  that,  if  the 
order  had  come  without  the  thre'at,  Col,  Fremont  would  have 
left,  rather  than  have  had  any  misunderstanding  with  the  local  au- 
thorities; but,  being  threatened,  sir,  he  very  p'roperly,  as  I  think, 
took  his  position  with  his  command  nf  sixty  men,  and  hoisted  the 
flag  of  the  United  States,  determined  to  remain  until  he  was  pre- 
pared to  leave;  and  when  he  was  ready,  sir,  he  quitted  the  coun- 
try and  when  to  Oregon.  We  next  find  him  in  Oregon,  where  he 
is  overtaken  by  a  messenger,  an  officer  of  the  government,  who 
Dorc  to  him  a  letter,  and — there  is  no  use  in  concealing  it,'sir— 
30th  Cong.— 1st  Session.-— No.  62. 


although  it  purported  to  be  a  mere  letter  of  introdnetion,  it  was, 
in  reality,  an  official  document,  accrediting  the  bearer  of  it  to  Col. 
Fremont,  with  a  view  to  the  union  of  the  two,  in  devising  soma 
means  to  counteract  the  designs  of  the  British  emissaries.  Captain 
Gillespie,  the  officer  to  whom  I  allude,  in  his  evidence  before  tho 
Committee  on  Military  AflTairs,  states  that  he  was  directed  to  con- 
vey theorder  of  the  government  to  Col.  Fremont,  to  watch  the  in- 
terests of  the  United  States  in  California.  This,  sir,  was  the  pur- 
port of  Captain  Gillespie's  mission,  and,  so  soon  as  the  communi- 
cation was  made  to  him.  Col.  Fremont  returned  to  California  un- 
der the  order  of  his  government,  and  by  its  express  authority. 
Immediately  after  his  arrival,  the  American  settlers,  who  knew 
him  and  placed  entire  confidence  in  him,  called  upon  him  for  aid 
and  protection;  and  under  what  circumstances  was  this  call  made 
sir  ?  The  families  of  those  settlers,  who  had  been  previously  in- 
vited to  take  up  their  abode  there,  had  been  ordered,  through  the 
influence  of  British  agents,  operating  upon  the  local  authorities,  to 
leave  the  country  forthwith.  A  large  force  of  troops  was  raised 
to  drive  out  these  unhappy  people  to  where  thijy  must  either  per- 
ish from  starvation,  or  be  exposed  to  the  tomahawk  and  scalping 
knife  ol  the  blood-thirsty  and  merciless  savages. 

Nor  is  this  all,  Mr.  Presiilent.  The  evidence  before  the  Com- 
mittee on  Military  Affairs  shows  clearly,  that  the  Indians  had  been 
incited  to  commence  the  work  of  destruction,  by  burning  up  the 
crops;  and  the  indiscriminate  slaughter  of  women  and  children.  In 
all  this,  sir,  as  I  conceive,  may  be  seen  the  agency  of  the  emissa- 
ries of  the  British  government.  In  what  war  lave  we  ever  been 
engaged  with  Great  Britain  that  she  did  not  incite  the  Indians 
against  us  ?  Yes,  sir !  And  are  not  the  Indians  urged  on  by 
British  agents  ;  overrunning  nearly  the  whole  of  Yucatan  ? 

It  was  under  such  circumstances  as  these,  sir,  that  Col.  Fre. 
mont  was  called  upon  to  prevent  the  slaughter  of  the  families  of 
the  American  settlers,  and  shield  them  from  the  horrors  of  Indian 
butchery  and  outrage.  What  did  he  then  do,  sir  ?  Col.  Fremont 
stands  in  need  of  no  commendation  from  me  ;  he  has  established  a 
reputation  for  himself,  by  braving  dangers  and  fatigues — a  well 
earned  reputation,  which  had  extended  itself  far  beyond  the  Umits 
of  the  United  States.  Had  he  faltered  on  this  occasion,  even  for 
an  instant,  and  refused  to  listen  to  the  appeal  which  was  then 
made  to  him,  bis  lofty  fame  and  wide  spread  renown  would  have 
been  blasted  in  a  moment.  It  would  have  been  lost  beyond  tho 
possibility  of  redemption. 

From  the  limited  acquaintance  which  I  have  with  Col.  Fremont, 
I  am  induced  to  believe  he  would  have  risked,  not  only  his  life,  but 
what  is  infinitely  more  valuable,  his  reputation,  to  gratify  his  deep 
feelings  of  generous  sympathy  with  his  distressed  countrymen. 
He  obeyed  their  call,  sir,  and,  so  far  from  meriting  any  blame  for 
so  doing,  he  deserves  for  this  act  alone,  the  very  highest  commen- 
dation that  can  be  bestowed  upom  him.  His  influence  operated 
upon  the  Indians.  They  knew  him  to  be  an  officer  of  this  govern- 
ment, who  had  incurred  the  displeasure  of  the  authorities  of  Cali- 
fornia.  Under  these  circumstances,  he  acted  promptly,  Mr.  Pres- 
ident, in  defence  of  the  American  settlers  who  turned  out  with  all 
of  their  disposable  means,  and  made  common  cause  with  him,  not; 
only  against  the  authorities  by  whom  they  were  persecuted,  but; 
against  the  British  agents  by  whose  influence  that  persecution  hati 
been  brought  about 

The  country  was  declared  independent,  I  believe  on  the  5th  of 
July.  It  will  be  recollected  that  previous  to  this  time,  I  think  in  tho 
month  of  May  or  June,  Commotiore  Sloat  who  had  been  sent  out 
to  the  Pacific,  wrote  to  the  government  here,  that  he  was  about  to 
take  possession  of  California,  as  he  found  there  were  British  ves- 
sels on  the  coast,  having,  as  he  believed,  some  designs  against  the 
country.  Shortly  afterwards  the  same  officer  wrote,  that  he  would 
not  assume  the  responsibility  ;  and  he  did  not  take  possession  of 
California,  until  the  operations  of  Col.  Frerao.nt  in  that  quarter 
had  determined  him  to  do  it.  In  a  few  days  I  believe,  after  tho 
declaration  of  independence  was  made,  he  took  possession  of  Mon- 
terey, and  shortly  afterwards,  the  gallant  Commodore  Stockton 
arrived  there  with  orders  from  his  government  to  take  possession. 

It  will  thus  be  seen,  sir,  that  all  of  fhe  expenses  which  were  in- 
curred in  the  operations  in  that  country,  with  the  exception  of 
those  which  took  place  during  the  very  brief  time  preceding  the  ar- 
rival of  Commodore  Stockton,  were  incurred  with  the  express 
saction  of  the  government,  and  under  the  immediate  direction  of 
its  commanding  officer.  Shall  we  then,  sir,  repudiate  these  claims  ? 
Shall  we  say  to  these  people  "we  will  not  pay  you  ?"  Would  it 
be  just  to  do  so?  Will  any  Senator  within  th'ese  walls  say,  that 
lor  obeying  the  best  and  most  humane  dictates  of  his  heart — for 
risking  his  life  and  reputation — to  preserve  women  and  ehildrea 
from  savage  butchery,  Col.  Fremont  shall  pay,  himself,  the  expen- 
ses attending  the  gallant  act — the  more  especially,  when  the  con- 
sequence of  that  act  has  been  to  prevent  California  from  falling 
into  the  hands  of  the  British  government  ?  Is  there  any  one  hero 
who  wishes  to  throw  the  responsibility  on  him  ?     I  think  not. 

It  seems  to  me,  Mr.  President,  that  our  right  to  appoint  an  ar- 
bitrator, IS  beyond  all  doubt,  in  which  opinion,  I  am  sustained  by 
the  decision  of  the  Supreme  Court.  As  to  the  justice  of  the  claims 
— I  have  not  heard  a  single  whisper  to  the  contrary,  and  such  be- 
ins  the  case,  I  hope  the  bill  will  pass,  and  pass  promptly. 

There  is  yet  an  additional  and  very  powerful  reason  for  its  pas- 
sage. The  citizens  who  gave  up  every  thino;  for  the  defence  of 
the  country,  and  who  were  the  means  of  saving  it  to  the  United 
States,  are  now  in  a  state  of  destitution.  They  are  your  fellow 
citizens — it  is  all  important  that  you  convince  them  by  your  first 
act,  that  your  are  disposed  to  be  just,  and  will  not  postpone  tho 


CALIFORNIA  CLAIMS. 


[Thursday, 


payment  of  their  equitable  claims.     This  is  the  way  to  attach 
citizens  to  the  government. 

It  may  be  well  to  add  that  Col.  Fremont  is  the  person,  who  may, 
with  peculiar  propriety  be  charged  with  the  settlement  of  these 
claims.  He  knows  the  nature  nnd  extent  of  them — it  was  under 
his  eye  that  they  had  their  origin — the  people  concerned  have  con- 
fidence in  him.  He  can  do  more  in  my  opinion,  towards  a  satis- 
factory adjustment  of  them  than  any  other  man.  I  will  only  say 
m  conclusion,  Mr.  President,  thit  the  way  in  which  the  govern, 
ment  will  best  consult  its  own  interest,  as  well  as  its  honor,  is  by 
the  settlement  of  the  claims  before  us,  with  no  grudgmg  and  miserly 
hand,  but  with  a  well  ordered  and  discreet  liberality,  and  above 
all,  with  the  promptness  which  the  peculiar  circumstances  attend- 
ing them  im])erativcly  demand. 

Mr.  BUTLER. — This  is  not  a  matter  wliich  admits  of  a  com- 
promise with  mclination.  Until  I  heard  this  discussion,  I  had  no 
definite  opinion  on  some  of  the  provisions  of  this  bill.  My  incli- 
nation had  been  to  provide  for  the  payment  of  the  claims,  because 
we  had  adopted  the  acts  out  of  which  they  had  grown,  and  have 
had  the  benefit  of  them.  But  under  the  constitution,  we  have  no 
authority  for  making  this  appciimraent  of  an  ofTieer  to  settle  the 
claims.  The  question  is  asked,  is  this  an  olfiee  ?  I  will  tell  vou 
what  it  is.  It  is  authority  to  an  individual  to  disburse  $700,000; 
for  the  payment  of  what  ?  For  the  payment  of  troops.  What  is 
he  then  ?  In  any  point  of  view,  he  is  a  paymaster.  A  paj'master 
of  what  ?  A  paymaster  of  the  troops  of  the  United  States;  I  do 
not  mean  troops  originally  employed  by  the  United  States,  but  of 
whose  services  the  United  States  have  availed  themselves,  the 
California  battalion.  He  is  neither  more  nor  less  than  paymaster 
of  the  troops  who  have  rendered  services  to  the  United  States. 
But  he  is  more  than  that.  His  office  diflers  from  that  of  paymas- 
ter of  regular  troops,  by  giving  him  greater  power;  for  he  is  both 
auditor  and  a  paymaster  with  discretionary  power  to  decide  the 
claim.s — his  certificate  signed  by  two  others,  is  to  be  conclusive  au- 
thority to  pay — it  must  come  to  that,  disguise  it  as  you  please.  The 
honorable  Senator  from  North  Carolina  has  undertaken  to  quote 
several  precedents;  but,  in  my  estimation,  there  is  not  one  of  them 
in  point.  It  seems  to  me  they  do  not  support  the  case  at  all.  I 
know  there  are  cases  that  may  be  quoted,  where  Congress,  as  a 
legislative  body,  has  assigned  to  the  incumbent  of  an  olfiee  already 
created,  new  duties.  A  pre-existing  otficer  may  have  new  duties 
assigned  to  hirii,  and  he  is  at  liberty  to  take  upon  himself  those 
new  duties,  or  not  as  he  pleases.  In  other  instances,  functions 
may  be  devolved  on  a  recognized  public  officer,  acting  under  the 
guaranties  of  a  previous  appointment,  which  he  may  discharge 
gratuitously,  for  the  benefit  of  persons  claiming  the  benefit  of  the 
benevolent  act  of  the  government — not  as  obligatory  duties,  but  as 
gratuities.  Where  duties  are  assigned  to  judj^es  that  did  not  per- 
tain lo  their  office,  they  might  decline  to  perform  them  as  official 
duties,  whilst  they  could  well  discharge  such  acts  without  official 
obligation,  as  acts  of  benevolence,  for  the  benefit  of  individuals  as 
well  as  for  the  convenience  of  the  government.  There  is  no  one 
of  the  precedents  that  have  been  quoted,  that  does  not  come  to 
this>  that  an  oflicer  may  have  new-  duties  assigned  him,  or  mav 
perform  gratuitous  services  of  his  own  accord  Another  class  of 
cases  has  been  quoted,  involving  the  distinction  between  an  officer 
and  an  employment ;  tliat  distinction  is  sometimes  narrow,  and  not 
easily  recognized,  whilst  again  it  becomes  palpable,  and  may  be  ob- 
viouslv  observed.  Take  one  of  the  instances  referred  to  by  the  gen- 
tleman from  North  Carolina.  Mr.  Trumbull  was  employed  to  paint 
certain  pictures  for  the  rotundo  of  the  Capitol.  This  was  an  em- 
ployment referable  to  contract.  It  did  not  devolve  upon  him  any 
such  duties  as  constitute  an  office  havihg  the  complexion  of  a  pub- 
lie  trust.  It  was  a  specific  employment,  and  not  an  office  like  this, 
requiring  discretion  and  judgment  in  the  disbursement  of  public 
monies,  under  a  salary.  I  could  go  on  and  demonstrate  the  dis- 
tinction by  numerous  cases,  if  I  were  disposed  to  enter  at  large 
into  the  subject;  but  I  deem  it  wholly  unnecessary  to  detain  the 
Senate.  The  case  of  the  Pea  Patch  Island  has  been  referred  to;  I 
believe  the  appointment  of  arbitrator  in  that  ease  was  made 
by  the  President. 

Mr.  MASON. — I  believe  that  the  act  of  Congress  in  relation 
to  that  case,  merely  requested  and  authorized  the  President  to 
have  the  matter  adjusted  without  indicating  how  it  should  bo 
done.  He  proceeded  lo  carry  out  the  intention  of  Congress  by 
employing  Mr.  Sargeant  as  arbitrator. 

Mr.  BUTLER. — I  do  not  propose  to  enter  into  the  argument. 
I  simply  stated  my  reasons  generally  for  regarding  this  individual, 
Colonel  Fremont,  as  an  officer.  He  is  certainly  an  officer  for  dis- 
bursing $700,000.  If  this  be  not  so,  I  certainly  do  not  know  what 
he  is. 

Mr.  EUSK. — Tho  bill  does  not  authorize  him  to  make  payments 
at  all.  After  he  shall  have  adjudicated  tho  claims,  they  ."-hall  bo 
paid,  according  to  the  terms  of  the  act,  by  some  ofiieer  of  the  gov- 
ernment. 

Mr.  BUTLER. — The  bill  appropriates  the  money  for  payment 
of  the  claims;  and  they  may  bo  paid  by  the  very  officer  who  .adju- 
dicates them,  and,  in  cfl'ect.  they  are  jiaid  on  his  certificate.  JHo 
is  a  judicial  paymaster,  with  judicial  powers.  I  will  not  say  that 
the  Legislature  might  appoint  as  competent  an  officer  as  the 
President  may,  nor  that  Leutenanl  Colonel  Fremont  would  not  be 
my  choice.  He  is  a  cfntlemaii  of  rare  endowments,  of  rare  abili- 
ties, and  if  tho  selection  rested  with  me,  he  would  be  the  very  in- 


dividual whom  I  -would  select.  Let  it  not  be  supposed  that  my  objec- 
tion to  the  bill  arises  from  any  objection  to  the  individual  indicated. 
That  is  not  the  ground  of  my  opposition  at  all;  but  it  rests  upon 
the  isolated  ground  that  I  have  intimated.  I  trust  that  the  biU 
will  be  recommitted,  and  so  amended  that  the  President  shall  have 
the  nomination  of  the  commissioner. 

Mr.  RUSK. — I  desire  to  ask  the  honorable  Senator  from  South 
Carolina,  before  he  concludes  his  remarks,  to  put  his  construction 
upon  the  decision  of  the  Supreme  Court,  to  which  I  referred. 

Mr.  BUTLER. — I  understand  that  to  be  entirely  different  from 
the  present  case.  The  Solicitor  of  the  Treasury  was  an  officer 
already  m  office.  You  have  superadded  to  his  duties,  it  is  true;  and 
to  this  I  do  not  object.  I  do  not  say  that  after  you  have  appointed  a 
judge  you  shall  not  superadd  to  his  original  duties  the  duties  belong- 
ing to  an  appellate  jurisdiction.  I  am  satisfied  of  one  thing,  that 
this  is  an  officer  to  disburse  or  adjudicate  $700,000;  and  that  the 
individual  appointed  will,  to  all  intents  and  purposes,  be  the  pay- 
master of  officers  and  troops  in  California,  instead  of  troops 
within  the  United  States. 

Mr.  BENTON.— The  reading  of  the  bill,  as  to  the  du'ies  of 
this  officer,  will  show-  that  there  is  a  mistake  on  the  part  of  the 
honorable  Senator — that  his  whole  argument  has  turned  upon  an 
entire  luisapprehension. 

This  bill  has  a  discrimination  between  the  officers  who  have 
the  duties  to  perform  of  paying  money,  and  the  commission- 
ers who  have  to  adjudicate  the  claims.  The  one  is  a  board,  the 
other  is  an  officer.  The  bill  provides  that  the  payment  of 
these  claiius  after  they  are  ascertained  by  a  board  of  commission- 
ers shall  be  made  by  an  officer,  cither  duly  appointed  for  the  pur- 
pose or  designated  by  the  President.  If  there  be  an  officer  who 
can  be  spared  from  his  ordinary  duties,  the  President  may  direct 
him  to  make  the  payments;  but  if  no  one  can  be  spared  then  one 
shall  be  appointed  for  the  purpose.  The  bill  is  entirely  difTerent 
from  what  seems  to  be  supposed  by  the  honorable  Senator  from 
South  Carolina.  It  contains  an  actual  provision  for  the  appoint- 
ment of  an  officer  by  the  President  and  Senate  for  the  purpose  of 
making  these  payments,  if  they  do  not  find  an  officer  who  can  be 
spared  : 

"  Wiiich  certificates  slmll  be  forthwith  paid  in  Cahfomia  by  iome  officer  duly  ap- 
pointed or  designated  for  tlie  purpose." 

Thus  you  see  the  bill  provides  for  the  due  appointment  of  an  of- 
ficer, if  no  one  can  be  spared,  but  it  leaves  it  entirely  with  the 
Executive  government  to  say  whether  one  can  be  spared.  This 
shows  that  the  objections  of  the  honorable  Senator  from  South 
Carolina  have  turned  on  a  total  misapprehension  of  the  provisions 
of  the  bill.  And  when  to  this  misapprehension  is  added  what 
has  been  read  and  re-read  by  the  Senator  from  Texas  in  the  de- 
cisions of  the  Supreme  Court  of  the  United  States,  that  not  merely 
an  officer  existing  have  additional  duties  put  upon  him,  but  that 
any  one  may  be  named  by  Congress  to  perform  a  specific 
duty.  Sir.  there  is  a  decision  of  the  highest  tribunal  which  is 
known  to  this  country,  which  has  been  referred  to  by  the  Senator 
from  North  Carolina,  in  which  the  judges  did  not  accept  cumula- 
tively the  duties  of  arbitrators  in  their  character  of  judges,  but 
thev  took  upon  themselves  the  duties  separately  and  distinctly,  ad- 
journing the  court  from  day  to  day  and  taking  care  to  lay  aside 
their  judicial  character.  The  case  of  the  Pea  Patch  Island  has 
been  referred  to.  It  was  a  bill  twice  passed  by  the  Senate  to  ar- 
bitrate the  Pea  Patch  Island,  and  in  one  R.  B.  Taney  and  in  tho 
other  H.  Binney  named  as  ihe  commissioner. 

This  bill  came  from  the  Judiciary  Committee;  a  committee  pre- 
sumed to  know  what  the  law  is.  Another  bill  in  1844  was  intro- 
duced by  a  Senator  from  Delaware,  [Mr.  Bayahd.]  and  sent  to 
the  Judiciary  Committee  and  reported  without  amendment.  This 
shows  the  sense  of  that  committee.  The  submission  is,  in  one  to 
Mr.  Binny,  in  the  other  to  Roger  B.  Taney,  of  Baltimore,  in  his 
private  character,  and  not  in  his  character  as  chief  justice  !  So 
that  these  two  cases,  in  addition  to  those  already  presented,  are 
to  my  mind  as  conclusive  as  any  thing  can  be  that  there  is  full 
power  in  Congress  to  make  the  appointment.  I  aiipiehend,  sir, 
that  after  the  judicial  decisions  which  have  been  read  by  the  Sena- 
tor from  North  Carolina  and  by  the  Senator  from  Texas,  and 
these  two  cases  from  our  own  bills  that  have  been  shown  here 
there  is  nothing  further  to  be  said  on  the  point  of  power. 

Now,  the  question  is  upon  a  proposition  to  recommit  this  bill, 
with  instructions,  and  the  instructions  go  to  leave  out  the  mass  of 
the  claims  to  be  provided  for,  to  leave  out  all  that  have  been  as- 
certained and  adjusted — to  leave  out  all  those  w-liich  are  now  in 
this  city  for  payment,  and  to  carry  all  back  to  California  for  set- 
tlement there.  The  bill  as  drawn,  discriminates  between  those 
claims,  the  amount  of  which  has  been  fixed  and  allowed  and  these 
which  arc  uncertain  ;  and  it  provides  for  the  immediate  payment 
of  the  ascertained  claims,  and  for  paying  the  unsettled  ones  at  the 
proper  place,  to  wit,  in  California,  so  as  to  prevent  them  from  co- 
niing  into  the  hands  of  speculators  and  agents.  The  board  is  only 
to  act  on  the  unascertained  claims.  The  bill  provides  for  paying 
the  expenses  of  the  civil  government  established  by  Commodore 
Stockton,  and  to  pay  all  just  claims  arising  out  of  the  military  op- 
erations in  California,  but  the  recommitment  cuts  of  all  the  expen- 
ses of  the  civil  governnient.  We  know  perfectly  well  that  a  por- 
tion of  the  navy  was  directed  to  proceed  lo  the  coast  of  California 
to  take  possession  of  the  country  and  establish  a  temporary  civil 
government.  The  instructions,  as  drawn  up  by  the  Senator  from 
Virginia,  cut  oil'  the  whole  of  this  class  of  claims.     The  expenses 


April  13.] 


CALIFORNIA  CLAIMS. 


491 


of  the  civil  government  are  cut  off,  although  that  government  was 
established  under  the  precise  instructions  of  the  President  of  the 
United  States.  The  instructions  also  cut  off,  as  I  said  before,  all 
the  claims  which  have  been  liquidated,  the  amount  of  which  is  evi- 
denced by  a  proper  instrument  from  Commodore  Stockton  or  Lt. 
Col.  Fremont.  They  cut  off  also  the  claims  that  are  payable  upon 
evidence  of  muster  rolls,  and  also  upon  authenticated  discharces 
of  soldiers.  The  bill  is  for  the  payment  of  classes  of  claims, 
some  ascertained  ;  some  not  ;  many  of  those  ascertained  are  now 
waiting  in  thi^  city  for  payment.  Accordinir  to  these  instructions 
drawn  up  by  the  Senator  from  Virginia,  [Mr.  Mason,]  they  must 
all  go  back  to  California  and  have  their  claims  examined  over 
again.  The  instructions  so  to  cut  off  four  classes  of  ascertained 
claims,  and  to  send  the  clnimants  back  thice  thousand  miles  to  the 
other  side  of  the  continent  to  have  their  claims  again  examined. 
Lt.  Col.  Fremont,  as  Governor  of  California,  drew  bills  for  the 
payment  of  the  expenses  of  the  civil  government.  These  bills 
came  here,  were  protested  for  non-payment,  and  are  now  standing 
against  him. 

In  speaking  of  that  part  nf  the  claims  which  have  accrued  with- 
out the  positive  authority  of  the  government  of  the  United  States, 
the  Senator  from  Texas  has  very  properly  told  you  that  they  are 
onlv  a  fraction  of  the  whole  amount.  They  are  the  claims  which 
accrued  in  about  thirty  days,  in  the  beginning  of  the  military  oper- 
ations, during  the  time  when  the  independent  or  grisly  bear  flag 
was  raised — when  there  were  perhaps  not  three  hundred  men  en- 
gaged. It  was  in  the  beginning  of  June  that  this  flag  was  hoisted. 
In  the  beginning  of  Julv.  Fremont  and  those  with  him  joined  Com- 
modore Sloat,  and  took  the  flag  of  the  United  States,  and  soon 
after  went  under  Commodore  Stockton  as  commander-in-chief. 
From  that  time  they  were  acting  under  the  authority  of  the  Uni- 
ted States,  and  it  was  after  that  period  that  the  great  mass  of  the 
claims  originated.  Only  a  fraction  of  them  accrued  before.  I 
think  that  by  the  time  we  meet  again,  I  shall  be  able  to  submit  a 
proviso  limiting  the  unauthorized  part  of  the  expenditures  and 
bringing  them  down  to  perhaps  one-twentieth  part  of  what  the 
bill  contains. 

Now  after  having  shown  that  the  instructions  which  have  been 
submitted,  go  to  change  the  whole  character  of  the  bill,  and  cut 
off  four  different  classes  of  the  claims  and  send  them  back  to  Cal- 
ifornia— cutting  off  too  the  whole  expenses  of  the  civil  govern- 
ment, cutting  off  the  bills  now  in  this  town  drawn  by  Fremont  and 
protested,  cutting  off  payments  an  discharges  muster  rolls — after 
all  this,  I  have  to  say  is,  that  if  the  instructions  prevail  I  shall 
vote  against  the  bill.  It  was  in  the  month  of  October  last,  that 
Fremont  brought  this  subject  before  the  Secretary  of  War,  and 
brought  to  his  attention  the  difl'erent  classes  of  claims.  One  was 
for  the  payment  of  volunteers.  His  answer  was  that  the 
case  required  special  legislation.  But,  sir,  it  is  diflicult 
for  me  to  conceive  why  it  should  require  special  legislation 
when  the  naval  oflicers  were  specifically  commanded  to  es- 
tablish a  temporary  government  there — when  they  were  per- 
emptorily told  that  they  were  expected  not  only  to  conquer  the 
country,  but  to  hold  it,  and  to  establish  a  temporary  civil  govern- 
ment. Was  this  government  to  live  upon  air  ?  Was  it  to  have 
no  support  ?  Does  not  the  order  to  establish  the  government 
carry  along  with  it  the  right  to  support  it.  Sir,  I  admit  no  want 
of  authority  in  the  drawing  of  these  bills.  We  admit  that  Col. 
Fremont  acted  without  authority  in  taking  up  arms  to  defend  the 
men,  women,  and  children,  whose  lives  were  menaced,  not  only 
with  the  destruction  of  their  fields  by  fire,  but  with  the  horrors  of 
an  Indian  war.  Weadmit  that  foraboiitthirty days, heaeted  without 
authority  from  the  government,  and  we  own  and  declare  that  he 
made  it  apparent  to  the  world  that  he  did  so  by  putting  up,  not 
the  flag  of  the  United  States,  but  an  independent  flag.  He  de- 
clared that  it  was  not  the  power  of  the  United  States,  but  a  new 
power,  and  that  very  act  absolved  the  United  States  from  it  As 
soon  as  it  was  found  that  the  United  States  and  Mexico  were  at 
war,  that  flag  was  pulled  down,  and  Fremont  and  his  men  passed 
under  the  command  of  Commodore  Stockton  ;  not  in  co-operation 
with  Commodore  Stockton,  but  in  subordination  to  him,  upon  a 
written  agreement  to  serve  under  his  brders.  That  engagement 
was  religiously  kept.  From  that  time  forth,  we  admit  no  want  of 
power,  no  want  of  authority.  From  that  time  forth  we  declare  there 
was  full  authority  to  do  everything  that  was  done,  vet  the  whole 
mass  almost  of  the  claims  that  are  here,  arose  after  that  lime,  and 
in  the  pursuance  of  that  for  which  they  had  full  authority,  to  carry 
on  hostilities,  and  to  establish,  and  maintain  a  temporary  civil  go- 
vernment. When  gentlemen  again  speak  on  the  subject,  and  sup- 
pose that  Fremont  incurred  several  hundred  thousand  dollars  ex- 
pense without  authority,  I  must  beg  then  to  go  back  to  the  point 
to  which  the  Senator  from  Texas  conducted  them  to  day.  For  a 
period  of  thirty  days  we  admit  there  was  no  authority.  '  Fremont 
did  an  act  for  which  he  had  no  autliority  ;  but  I  will  undertake  to 
say,  that  if  General  Jackson  were  alive,  he  would  not  be  ashamed 
of  such  an  incident  in  his  life.  He  would  sav — "Write  it  down.  I 
take  the  responsibility.  I  saved  my  countrymen,  men,  women, 
and  children  from  the  tomahawk  of  the  savage.  Write  it  all 
down."  When  Fremont  wrote  me  an  account  of  it  from  Califor- 
nia, he  sent  me  at  the  same  time  a  blank  to  send  in  his  resignation 
if  there  was  any  disapprobation  of  wh.at  he  had  done.  To  a 
man  of  honor  and  patriotism  there  are  obligations  infinitely  higher 
than  any  that  a  commission  imposes,  and  in  discharge  of  which 
commissions  will   be   despised.     This  was,  then,  Fremont's  case. 


He  saw  that  his  fellow-countrymen  wore  in  danger  ;  he  acted  un- 
der a  sense  of  great  responsibility,  of  agonizing  responsibility,  but 
n  obedience  to  the  dictates  of  his  conscience,  and  ready  and' will- 
ing to  risk  a  responsibility  above  that  of  a  military  commission— 
the  moral  sense  of  his  countrymen  !  And  it  has  justified  what  was 
done.  Far  from  wishing  to  throw  upon  the  administration,  either 
as  individuals  or  as  a  government,  the  responsibility  of  the  act 
from  which  the  Senator  from  Viri^inia,  [Mr.  Mason,]  took  so 
much  pains  to  free  them,  Mr.  Fremont  requested,  in  his  late  trial, 
that  he  might  be  put  upon  trial  before  the  court  martial  for  taking 
up  arms  without  authority  of  the  government.  He  asked,  and  in 
writing,  to  have  that  act  included  in  the  charges  made  against  him 
— that  there  might  appear  ou  the  record  judicially,  and  forever  an 
exemption  of  the  government  from  any  responsibility  of  that  act. 

Now,  what  is  the  motion  ?  To  recommit  the  bill !  For  what 
purpose  ?  That  the  committee  may  exercise  some  discretion  when 
they  come  together  ;  that  they  may  assemble  for  the  purpose  of 
considering  the  matter,  and  devising  an  appropriate  remedy  ?  No, 
sir  !  the  instruction  is  peremptory.  It  is  an  order  to  the  commit- 
tee to  assemble  in  their  comiuittecroom,  and  transcribe  the  words 
given  to  them.  It  is  to  make  the  committee  the  amanuensis  of  the 
gentleman)  The  committee  is  to  be  assembled,  not  for  the  pur- 
pose of  thinking  and  determining,  but  for  the  purpose  of  transcrib- 
ing  the  words  that  are  given  to  them.  Why,  the  motion  is  proper- 
ly the  subject  of  an  .amendment  to  be  made  at  your  table.  It  is  a 
proper  one  for  the  vote  of  the  Senate,  without  putting  the  commit- 
tee to  the  trouble  of  assembling  and  transcribing  it~  The  whole 
object  may  be  accomplished  if  the  Senate  favors  his  motion,  by 
leaving  out  the  words  in  lines  10  and  11  of  section  2  from  the 
words  "consisting  of,"  to  the  word  "officers."  Tne  re- 
commitment would  be  useless,  for  the  Senate  can,  if  it  plea.se, 
m.ake  the  amendment  itself,  and  without  trouble  to  the  com- 
rnittee.  and  the  delay  it  would  occasion..  It  would  be  perni- 
cious, for  it  would  cut  off  the  ascertained  claims  from  payment  at 
once,  and  send  them  three  thousand  miles,  to  be  ascertained  over 
again  before  paid.  It  proceeds  upon  a  mistake — that  the  whole 
8700,000  was  incurred  by  Mr.  Fremont  without  authority,  when 
only  a  fraction  of  that  amount,  say  the  one-twentieth  part,  was  so 
incurred,  all  the  rest  being  incurred  under  the  command  of  Com- 
modore Stockton,  acting  with  the  authority  and  approbation  of  the 
government.  And  for  this  small  amount  done  without  authority 
the  government  has  received  and  retained  all  the  fruits.  It  re- 
ceived all  the  benefit  of  the  whole  movement  for  independence,  and 
it  IS  right,  and  high  time,  after  almost  two  years,  that  it  should 
pay  the  expenses  of  it. 

Mr.  PHELPS. — It  appears  to  me  that  in  any  view  that  can  be 
taken  of  the  subject,  the  bill  requires  amendments.  The  Senator 
will  pardon  me  for  saying  that  it  is  neither  "  fish,  flesh  nor  fowl." 
It  has  no  precedent  anywhere.  It  appears  to  me,  that  this 
olTice  which  is  to  be  created,  is  an  ofliee  within  the  provi- 
sions of  the  constitution.  It  is  a  judicial  office;  for  by  the 
terms  of  the  bill,  the  decision  of  this  board  of  commissioners  is  to 
be  final.  It  is  impossible  for  me  to  distinguish  between  the  duty 
conlerred  by  this  bill,  and  the  duty  conferred  upon  a  vast  variety 
ol  officers  discharging  similar  duty,  whose  appointments  are  re- 
quired to  be  made  by  the  President  with  the  concurrence  of  the  Se- 
nate. The  case  of  the  Pea  Patch  Islend  was  a  mere  matter  of 
arbitration.  It  was  a  selection  of  an  arbitrator  by  the  parties; 
because  the  appointment  by  the  President  could  have  had  no  valid- 
ity at  all,  except  by  the  concurrence  of  the  parties.  The  act  giv- 
ing the  President  power  to  appoint,  was  nothing  more  nor  less 
than  declaring  the  assent  of  Congress.  Such  cases  have  no  sort  of 
analogy  with  the  present,  nor  does  the  authority  cited  by  the  Sen- 
ator, seem  to  have  any  direct  bearing  upon  this  case.  A  claim 
against  the  Post  Office  Department,  or  rather  against  the  govern- 
ment, was  directed  to  be  examined  by  the  Solicitor  of  the  Treasu- 
ry, and  officers  known  to  the  treasury.  He  made  his  award.  The 
Postmaster  General  attempted  to  overrule  his  decision,  and  the 
question  was  raised  whether  it  was  consistent  for  the  Postmaster 
General  to  reverse  the  decision  of  the  Solicitor  of  the  Treasury. 
The  decision  was,  and  very  properly  I  think,  that  inasmuch  as 
Congress  had  submitted  the  question  to  the  Solicitor  of  the  Treasury, 
whose  determination  should  be  final,  the  Postmaster  General  had 
no  control  over  it.  But  it  is  perfectly  obvious,  that  this  is  not  a 
question  respecting  the  legality  of  appointment.  The  only  ques- 
tion was  whether  by  any  law,  the  decision  of  the  Solicitor  could  be 
re-examined.  I  have  no  hesitation  in  saying,  that  Congress  when 
they  passed  the  act  in  1792,  intended  to  confer  the  power  upon  the 
board  as  such,  but  when  the  court  came  to  consider  it,  they  came 
to  the  decision  that  it  was  not  intended  to  confer  the  power  as  a 
legal  power.  What  then  ?  Why  if  they  give  effect  to  the  power 
at  all,  they  must  treat  it  as  a  power  conferred  upon  them  individ- 
ually, and  take  the  expression  to  he  a  mere  designation  of  parties. 
Was  there  any  question  there  like  the  present  ?  '"Did  the  court  un- 
dertake td  discuss  the  question,  whether  Congress  had  the  power 
to  appoint  an  officer  without  consulting  the  President  ?  Sir.  the 
difficulty  in  all  these  precedents  is,  that  the  question  was  not  be- 
fore the  court. 

The  bill  was  then  passed  over  informally. 
On  motion 
^     The  Senate  adjourned. 


492 


PETITIONS— RESOLUTIONS,  ETC. 


^Fridav, 


FRIDAY,  APRIL  14,  1848. 


MESSAGE   FROM  THE    PRESIDENT. 

The  followin(r  messace  was  received  from  the  President  of  the 
United  States  by  Mr.  Walker,  his  Secretary  : 

Ta  tht  Smatc  of  the  United  States: 

In  answfT  to  the  lesoiution  of  the  Senate  of  tlie  28ih  of  March.  1849,  I  communi- 
cate herewith  a  report  of  the  Secretary  of  War,  transmitting  a  report  of  the  Head  of 
the  Ordnance  Bureau,  witti  the  accompanying  papers,  relative  to  "the  repeating  fire 
armsmvenled  by  .Samuel  Coit." 

Such  15  the  favorahle  opinion  entertained  of  the  valne  of  Iliis  arm,  particolarly  for 
mounted  corps,  tliat  tlie  Secretary  of  War,  as  will  he  seen  by  iiis  report,  has  contracted 
with  .Mr.  Colt  for  two  thonsapd  of  his  pistols.  He  has  offered  to  contract  for  an  ad- 
ditional number  at  liberal  prices,  but  the  inventor  is  unwilling  to  furnisli  them  at  the 
prices  offered. 

The  mvention  for  th^  construction  of  tliese  arms  being  patented,  tlie  United  Slates 
cannot  manufacture  th  -m  at  the  government  armories,  without  a  previous  purchase  of 
the  right  to  do  so.  The  right  to  use  his  patent,  by  tile  United  States,  the  inventor  is 
QDwilling  to  dis]}oseof  at  a  price  deemed  reasonable. 

JAMES  K.  POLK. 

Washington.  A|iril  13,  1848. 

The  message  having  been  read,  it  was 
Ordered,  That  it  lie  on  the  table. 

PETITIONS. 

Mr.  BRIGHT  presented  the  petition  of  Samuel  Simonton,  heir 
at  law  of  Isaac  P  Simonton,  deceased,  praying  the  payment  of  a 
sum  of  money  due  the  deceased,  under  the  treaty  of  1837  with 
the  Saganaw  Indians;  which  was  referred  to  the  Committee  of 
Claims. 

Mr.  PEARCE  presented  the  petition  of  William  B.  Bend,  pray- 
ing the  return  of  the  duties  paid  on  a  quantity  of  merchandize 
which  was  destroyed  by  fire;  which  was  referred  to  the  Committee 
on  Finance. 

Mr.  CAMERON  presented  the  petition  of  John  Irons,  heir  at 
law  of  J.  F.  Iruns,  deceased,  late  an  officer  in  the  army,  praying 
indemnity  for  loss  sustained,  in  consequence  of  being  robbed  of 
public  iTioney  placed  in  his  hands  for  disbursement;  which  was  re- 
lerred  to  the  Committee  on  Military  Affairs. 

Also,  the  memorial  of  Catharine  Crosby,  one  of  the  legal  re- 
presentatives of  Thomas  D.  Anderson,  deceased,  late  Consul  of 
the  United  States  at  Tripoli,  praying  to  be  allowed  in  the  settle- 
ment of  his  accounts,  credit  for  certain  expenditures  made  by  him 
in  his  official  capacity;  which  was  referred  to  the  Committee  on 
Foreign  Relations. 

REMISSION    OF    DUTIES. 

Mr.  .\SHLEY,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  memorial  of  the  Central  Kail  Road  and  Banking 
Company  of  Georgia,  submitted  a  report  accompanied  by  a  bill 
for  their  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  ASHLEY  gave  notice  that  he  will  move  to  proceed  to  the 
consideration  of  this  Dill  at  an  early  day. 

JOHN  A.   BRYAN. 

Mr.  ATCHISON,  from  the  Committee  on  Indian  Affairs,  to 
whom  was  referred  the  petition  of  John  A.  Bryan,  submitted  a 
report  accompanied  by  a  joint  resolution  for  his  relief.- 

The  joint  resolution  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

INSURANCE    COMPANY    AND    SAVINGS    INSTITUTION. 

Agreeably  to  notice,  Mr.  PE.\RCE  asked  and  obtained  leave 
to  bring  in  a  bill  to  incorporate  the  Wa.Hhiiigton  Mutual  Insurance 
Company  and  Savings  Institution  ;  which  was  read  the  first  and 
second  times,  by  unanimous  consent,  and  referred  to  the  Commit- 
tee on  the  District  of  Columbia. 

EVIDENCE    IN    REGARD    TO    PATENTS. 

Agreeably  to  notice,  Mr.  DAVIS,  of  Massachusetts,  asked  and 
obtained  leave  to  bring  in  a  bill  to  amend  an  act  entitled  ".\n  act 
to  promote  the  progress  of  the  useful  arts,  and  to  repeal  all  acts 
and  parts  of  acts  licretofore  made  for  that  purpose,"  approved 
July  4,  1S36  ;  whicli  was  read  the  first  and  second  times,  by  unan- 
imous consent,  and  referred  lo  the  Cummiitee  on  Patents  and  the 
Patent  Office. 

MESSAGE    FROM    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campdell,  their  Clerk  :  ^ 

Mr  President  :  The  Speaker  of  the  House  of  Represcntntivej  having  signed  an 
tnroUed  btll,  I  am  directed  to  bring  it  to  theSenntcforlhesignaluroof  tlieir  Pieiident. 


SIGNING    OF    A    BILL. 

The  VICE  PRESIDENT  signed  the  enrolled  bill  entitled  "An 
act  relating  to  the  collection  district  of  New  Orleans,  and  for  other 
purposes." 

RESCINDING    OF  A   RESOLUTION. 

Mr.  BAGBY  moved  to  rescind  the  resolution  submitted  by  him 
some  time  since,  and  agreed  to,  directing  the  Secretary  of  War  to 
communicate  the  proceedings  of  Messrs.  Eaton  and  Hubley,  com- 
missioners under  the  Cherokee  treaty,  stating  that  he  had  aseer- 
tainci  in  a  private  conversation  with  the  Secretary  of  AVar,  that 
the  information  he  desired  could  be  better  obtained  in  a  different 
way,  and  that  he  wished  to  relieve  the  Secretary  from  the  appear- 
ance of  disregarding  an  order  of  the  Senate. 

The  motion  to  rescind  the  resolution  was  agreed  to. 

TREATIES  WITH  CHINA  AND  TURKEY. 

On  motion  by  Mr.  ASHLEY,  the  prior  orders  were  postponed, 
and  the  bill  to  carry  into  effect  certain  provisions  in  the  treaties 
between  the  United  States  and  China,  and  the  Ottoman  Porte, 
giving  cerlain  judicial  powers  to  ministers  and  consuls  of  the  Uni- 
ted States  in  those  countries,  was  read  the  second  time  and  con- 
sidered as  in  Committee  of  the  Whole. 

Mr.  ASHLEY  observed  that  a  necessity  existed  for  prompt  ac- 
tion on  this  bill,  and  that  it  was  desirable  it  should  be  had  before 
the  departure  of  the  next  vessel  preparing  to  sail  for  China  ;  and 
on  his  motion,  it  was 

Ordered.  That  the  further  consideration  thereof  be  postponed  to, 
and  made  the  order  of  the  day  for,  Wednesday  the  19th  instant. 

THE  CONSTITUTION. 

The  Senate  proceeded  to  consider  the  following  resolution,  sub- 
mitted on  the  12th  instant  by  Mr.  Badger,  and  it  was  agreed  to. 

Resolvril.  That  the  Secretary  of  tlie  Senate  purchase,  for  the  use  of  the  Senate, 
two  tiiousand  copies  of  the  Co'iistitnlion  of  the  United  Slates  of  America,  with  an 
alpliahetical  analysis,  prepared  and  published  by  VV.  Hiekey.  provided  that  Uic  same 
can  be  |iuichased  at  a  price  per  copy  not  exceeding  that  paid  for  10.000  C0|iies  ordered 
to  be  purchased  by  a  resolution  of  the  Senate  adopted  18th  February,  1847. 

ADJOURNMENT  OVER. 

On  motion,  it  was 
Ordered,  That  when  the  Senate  adjourn,  it  be  to  Monday  next. 

THE    DAM    AT    CUMBERLAND    ISLAND. 

On  motion  by  Mr.  BELL,  the  prior  orders  were  postponed,  and 
the  bill  to  provide  for  the  repair  and  improvement  of  the  dam  at 
the  head  of  Cumberland  island,  in  the  Ohio  river,  was  read  the  se- 
cond time  and  considered  as  in  Committee  of  the  Whole. 

No  amendment  being  made  the  bill  was  reported  to  the  Senate. 

The  question  being  on  ordering  the  bill  to  be  engrossed  and  read 
a  third  time. 

Mr.  BAGBY. — I  have  but  a  word  to  say  on  the  subject  of  this 
bill,  and  would  not  have  said  that  word,  but  I'or  the  determination 
I  had  formed  in  my  own  mind  to  resist  the  system  of  internal  im- 
provement by  the  general  government,  whenever  and  wherever  it 
is  intended  to  be  applied.  With  entire  respect  to  the  feelings  of 
those  who  advocate  this  bill,  I  must  be  permitted  to  say  that  no 
case  can  be  presented  showing  more  clearly,  not  only  the  im- 
policy, but  the  enormity  of  the  system.  The  bill  now  under  con- 
sideration is  simply  this,  that  inasmuch  as  one  hundred  and  fifty- 
five  thousand  dollars  have  heretofore  been  appropriated  and  ex- 
pended lor  the  improvement  of  the  Cumberland  nver,  and  inas- 
much as  such  appropriation  has  been  inelleetual,  or  has  been  ren- 
dered so  by  the  natural  decav  pniduced  by  time,  therefore,  the 
goverment  must  appropriate  tifty  thousand  dollars  more. 

Mr.  BELL. — I  presume  the  gentleman  was  not  present  when  I 
made  some  observations  on  this  subject,  a  few  days  ago.  It  is  not 
to  benefit  the  Cumberland  river  alone,  except  as  one  of  the 
tributaries  of  the  Ohio  It  is  more  important  to  the  navigation  of 
the  Ohio  above  that  point,  as  well  as  to  the  communication  be- 
tween the  Ohio  and  all  its  ributaries  and  the  Mississippi.  The 
interest  of  the  Cumberland  river  is  not  a  tithe  of  the  interests 
included. 

Mr.  BAGBY. — Well,  sir,  when  I  get  down  the  Cumberland 
river,  I  will  get  into  the  Ohio.  I  stivrt  where  (he  appropriation 
commences,  and  I  find  that  a  hundred  and  fifty-five  thousand  dol- 
lars liave  been  appropriated  anil  expended  in  the  States  ol  Ken- 
tucky  and  Tennessee,  in  the  improvement  of  the  Cumberland  river. 
That  river,  as  the  honorable  Senator  very  correctly  says,  is  but 
a  tributary  of  the  Ohio.     But  the  principle  is  precisely  the  same. 


April  14.] 


THE  DAM  AT  CUMBERLAND  ISLAND. 


493 


and  involves  the  question  by  what  authority,  by  what  grant  of 
power  does  this  government  derive  its  rights  to  improve  any  iiver. 
Indeed,  if  commentary  were  necessary  on  the  impolicy  of  measures 
of  this  kind,  it  never  could  be  more  clearly  illustrated  than  by  the 
bill  now  under  consideration.  The  interests  involved  according  to 
the  honorable  Senator,  are  but  a  tithe  of  the  whole  navigatmg  in- 
terests of  the  Ohio,  and  yet  a  hundred  and  fifty-five  thousand  dol- 
lars have  been  already  appropriated,  and  the  safe  navigation  of 
that  river  has  not  been  completed.  It  amounts  to  this,  as 
fast  as  you  ascertain  that  your  appropriations  have  been  im- 
providently  made,  or  as  fast  as  your  improvements  yield  to 
the  touchof  time,  you  are  called  on  to  renew  them.  This  is  entire- 
ly adverse  not  only  to  the  principles  of  the  eonstilutlon,  but  lo  the 
law  of  nature  itself.  There  are  wide  and  narrow,  deep  and  shal- 
low places,  and  according  to  natural  laws,  if  you  remove  a  shoal 
at  one  place  to-day,  you'create  a  shoal  at  another  place  to-mor- 
row; and  with  the  same  propriety  that  you  ask  an  appropriat'on 
to  remove  the  first,  you  may  ask  one  to  remove  the  second.  I 
have  been  struck  with  another  view  which  some  of  my  respected 
friends  take  upon  questions  of  this  kind,  and  it  is  this,  that  it  is 
not  the  policy  or  the  duty  of  those  who  contest  these  measures  on 
principle  to  contest  minor  appropriations,  but  ihat  they  should 
wait  for  the  greater  and  more  important  measure.  Do  not  gen- 
tlemen see  if  we  permit  ourselves  to  be  defeated  dav  after  day 
detachments,  when  the  great  battle  comes  lo  ho  fought,  we  shall 
be  entirely  destitute  of  power?  The  question  must  be  met  at  the 
threshold.  No  great  and  important  revolution  was  ever  the 
result  of  open  and  glaring  encroachments  on  the  rights  of  the 
people.  The  glorious  revolution  which  resulted  in  the  establish- 
ment of  the  independence  of  the  United  Stales,  was  not  brought 
about  by  an  open,  glaring,  and  direct  assault  upon  the  rights  and 
liberties  of  the  people.  It  exhibited  itself  in  the  insidious  form  of 
a  three  penny  tax  upon  tea.  But  the  patriots  of  the  revolution  de- 
tected in  it,  the  serpent  sting  of  injustice  and  oppression,  and  no- 
bly resolved  to  resist  it.  So  of  the  revolution  of  1668,  the  next  in 
importance  upon  the  liberties  and  the  political  destinies  of  mankind 
to  our  own.  That  crafiy  and  unprincipled  monarch  of  the  House  of 
Stewart  did  not  dare  to  make  a  direct  and  open  assault  upon  the 
fragment  of  liberty  enjoyed  by  the  people  of  Englaml.  But  the  im- 
mortal Hampden  and  his  illustrious  compatriots  saw  in  the  levy  of 
one  shilling  upon  ship  money,  the  chains  that  were  preparing  for 
them  and  their  posterity,  and  nobly  resolved  to  resist.  They  looked 
to  the  principle  involved,  and  so  mu~t  we. 

This  view  of  the  case  was  forcibly  presented  by  a  Senator 
from  Louisiana  on  a  former  day.  He  thought  it  did  not  ac- 
cord with  the  dignity  of  the  Senate  to  contest  the  princi- 
ple Ujion  the  proposition  for  granting  a  small  slip  of  land; 
but  gentlemen  must  see  that  the  principle  is  the  same,  whether 
you  apply  it  to  a  small  stream  or  the  father  of  rivers  itself — to  a 
small  strip  of  land  or  to  the  whole  valley  of  tha  Mississippi.  I  do 
not  hope  to  make  converts  to  the  doctrine  which  I  hold  in  regard 
to  this  system  of  internal  improvement,  and  I  greatly  fear  that 
gentlemen  will  give  way  so  often  lo  those  interests  that  are 
pressed  upon  us  from  different  quarters  that  when  the  great  day 
of  battle  comes,  there  will  but  few  be  found  occupying  the  ground 
on  which  Mr.  Jefferson  placed  himself  in  1825.  That  remarkable 
man  said  in  relation  to  this  very  subject,  that  once  let  in  this  doc- 
trine of  implied  constitutional  powers  upon  the  subject  of  internal 
improvement,  and  "  you  enter  a  boundless  field  no  longer  suscepti- 
ble of  limit  or  definilion." 

Believing,  as  I  conscieneiously  do,  that  the  principle  upon  which 
this  bill  rests  has  no  foundation  in  the  constitution,  I  shall  give  my 
vote  against  it,  and  shall  continue  to  oppose  every  measure 
of  a  similar  character,  while  I  have  a  vote  to  give,  or  a  voice  to 
raise  in  this  chamber. 

Mr.  CRITTENDEN.— I  am  satisfied  that  there  is  no  hope  of 
shaking  the  opinions  of  my  honorable  friend,  the  Senator  from 
Alabama  upon  this  subject.  His  mind  is  distinctly  made  up.  I 
could  lie  perfectly  satisfied  not  to  say  a  word  if  I  could  hope  that 
the  attention  of  the  Senate  would  be  drawn  to  the  subject.  If 
there  can  be  any  exception  from  the  strict  principles  advocated  by 
the  Senator  from  Alabama,  it  seemed  to  me  that  this  case  will 
constitute  that  exception.  The  obstruction  lo  be  removed  here,  is 
one  that  has  been  created  by  the  act  of  the  general  government 
itself.  One  of  its  improvements  imperfectly  made,  has  given 
away  in  such  a  manner,  as  to  form  an  almost  impassable  obstacle 
in  some  stages  of  Ihe  water,  to  the  navigation  of  the  Ohio.  You 
have  passed  an  appropriation  at  this  very  session  to  remove  an 
obstruction  from  the  Savannah  river,  and  it  has  seemed  lo  me, 
and  I  did  hope,  on  a  former  day,  when  this  was  the  subject  of  some 
conversation,  that  Congress  would  not  consider  this  case  as  coming 
within  the  general  ground  of  objection  to  measures  for  internal 
improvement  by  the  general  government.  The  object  is  lo  remove 
a  particular  ohstruction,  which  the  government  itself  has  created 
within  the  river.  If  an  individual  had  created  such  an  obstruction 
the  law  of  the  land  would  compel  him  as  a  civil  duty  to  remove  it. 
Should  not  the  general  government  be  permitted  to  do  that  which 
on  a  general  construction  of  the  law  an  individual  wouki  be  con- 
strained to  do!  If  the  attention  of  the  Senate  only,  can  be  drawn 
to  this  question,  we  are  content  to  abide  by  Us  judgment  without 
any  debate  or  argument.  We  do  not  wish  to  occupy  unnecessa- 
rily the  time  of  the  Senate.  We  do  not  wish  to  draw  into  argu- 
ment or  controversy  at  all.  the  constitutional  principles  upon 
which  the  Senator  rests  his  objection  to  measures  of  internal  im- 
provement by  the  general  government ;  but   to  submit  this  case  to 


the  Senate  as  a  peculiar  case,  governed  by  peculiar  circumstances. 
For  myself,  I  have  none  of  those  scruples  or  doubts  on  the  subject 
of  constitutional  power,  which  the  Senator  from  Alabama  seems 
to  entertain  ;  but  setting  that  aside,  it  seems  to  me  that  they  do 
not  necessarily  enter  info  our  consideration  in  this  particular  in- 
stance. Who  should  remove  this  obstruction  1  Whose  duty  is  it  1 
Is  it  the  duly  of  the  State  of  Kentucky?  Or  of  the  Slate  of 
Indiana  ?  Is  it  the  business  of  the  counties  on  the  one  side  of 
the  river  or  the  other?  Who  should  remove  it  ?  If  it  is  not  our 
duty,  I  should  like  to  know  whose  duty  it  is-  Is  it  the  duly  of  the 
navigator  to  do  it — to  stop  his  boat,  rest  on  his  oars,  and  wait 
there  until  he  can  remove  it  ?  How  is  it  to  be  got  rid  of  ?  It  is  a 
very  great  river  in  point  of  commerce — a  very  great  river.  From 
fifty  to  a  hundred  millions  of  dollars  perhaps,  is  not  more  than  the 
value  of  the  commerce  that  passes  up  and  down  at  this  very  place, 
in  the  course  of  a  year. Sir,  I  do  not  intend  to  occupy  the  time 
of  the  Senate  ;  my  object  is  to  end  debate  ;  rather  lo  state  than 
argue  the  question,  and  invite  the  attention  of  the  Senate  to  it  ; 
an3  we  shall  be  content  when  the  case  is  understood,  to  abide  by 
whatever  judgment  the  Senate  may  pronounce. 

The  question  on  the  engrossment  of  the   bill  was  then  put,  and 
it  was 

Ordered,  That  the  hill  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time,  by  unanimous  consest. 

On  the  question  "shall  this  bill  pass? 

Mr.  BAGBY  demanded  the  yeas  and  nays,  and  they  were  or- 
dered. 

Mr.  CALHOUN. — As  the  yeas  and  nays  have  been  ordered,  I 
desire,  before  the  question  is  put,  to  say  a  few  words.  If  I  un- 
derstand this  case  aright,  there  is  an  island  in  the  Ohio,  a  little 
above  the  mouth  of  the  Cumberland,  dividing  the  river  into  two 
parts,  and  rendering  the  navigation  diflieult;  and  in  order  to  im- 
prove it,  a  dam  was  thrown  across  from  the  Kentucky  side  to  the 
island,  and  by  the  recent  fresliels  this  dam  has  been  destroyed.— 
Now,  although  I  hold  to  the  doctrine  of  strict  construction,  I  have 
not  the  slightest  doubt  of  the  right  and  the  duty  of  the  government 
to  repair  this  dam,  or  to  remove  the  obstruction.  It  is  the  chan- 
nel of  one  of  the  great  navigable  rivers  which  belong  to  no  partic- 
ular State,  but  which  serves  as  a  highway  in  which  many  Stales 
are  interested;  and  if  it  he  not  done  by  the  general  government, 
it  can  be  done  by  no  power  whatever.  The  Stales  are  positively 
prohibited  from  entering  into  a  work  like  this.  If  the  general  go- 
vernment cannot  do  it,  it  is  clear  that  neither  Kentucky  nor  Indiana 
will  make  thi.^  improvement;  for  there  is  a  positive  provision  in 
the  constitution  which  prevents  them  from  doing  it.  Under  these 
circumstances,  I  hold  it  to  be  as  clearly  the  right  of  the  general 
government,  under  the  provision  in  the  constitution  which  gives 
the  power  to  regulate  commerce  among  the  States,  as  it  is  to  re- 
pair light-houses  or  to  replace  buoys  that  have  tieen  destroyed; 
and  that  the  objection  of  the  Senator  from  Alabama  is  as  applica- 
ble lo  the  one  as  the  other.  I  shall  give  my  vote  most  cheerfully 
for  this  hill. 

Mr.  BAGBY. — I  do  not  understand  that  Congress  is  authorized 
to  do  everything  that  the  States  are  not  authorized  to  do,  or  that 
the  Stales  cannot  do. 

Mr.  CALHOUN.— I  did  not  say  that.  I  say  that  the  right 
exists  under  the  provision  of  the  constitution  which  gives  to  this 
government  the  power  to  regulate  commerce  among  the  States. 

Mr.  BAGBY. — I  understood  the  Senator  to  say  that  ;  I  under- 
stood him  also  to  inquire  if  this  thing  could  not  lie  done  by  the  ■ 
States,  how  was  it  to  he  done.  Well,  I  reply,  that  supposing  it 
cannot  be  done  at  all.  still  that  is  no  answer  to  the  objection. 
This  government  is  not  authorized  to  do  all  that  cannot  be  done 
bv  the  States,  but  only  that  which  it  is  authorized  by  the  eonstitu- 
lion  to  do.  This  is  the  great  line  of  dillijrenee  between  the  hon- 
orable Senator  from  South  Carolina  and  myself  on  this  subject. 
With  respect  to  the  power  lo  regulate  commerce  which  seems  lo 
be  connected  with  the  consideration  of  this  hill,  it  has  ever  ap- 
peared to  me,  that  that  was  the  most  untenable  ground  upon 
which  this  system  of  internal  improvement  could  be  rested.  The 
power  lo  regulate  commerce  is  only  a  power  to  interfere  with 
something  already  going  on,  but  in  this  matter  of  rendering  a  river 
navigable  which  was  not  so  before,  you  are  not  regulating  a  pre- 
existing thing.  The  distinction  is  as  clear  as  daylight  between 
creating  originally,  and  legulaling  a  thing  after  it  exists.  One  is 
a  substantive  power,  the  other  a  mere  regulation.  I  shall  not  go 
into  this  question  now,  however,  but  shall  avail  myself  of  the  oc- 
casion when  some  of  those  important  measures,  which  gentlemen 
seem  to  have  in  view,  come  before  us  to  give  my  views,  and  to 
place  some  limitation  if  possible  on  this  most  alarming  power,  llie 
power  to  regulate  commerce. 

Mr.  CALHOUN. — I  by  no  means  rest  ihis  case  on  the  fact  that, 
becau.se  the  States  have  not  the  power,  therefore,  the  generaf 
government  has  it.  I  place  it  on  the  fact,  that  the  general  gov- 
ernment has  the  power  lo  regulate  commerce  among  the  Stales; 
and  that  this  is  a  case,  which  comes  within  thai  power.  In  con- 
firmation of  this  conclusion,  I  stated,  that  the  constitution  proliib- 
ited  the  Slates  from  entering  into  any  treaty  or  agreement,  by 
which  those  in  the  great  valley  of  the  IVIississippi,  could  unite  and 
enter  into  an  arrangement,  by  which  the  obstructions  in  that  great 
river  and  its  navigable  branches  could  be  removed.     I  also  stated, 


494 


THE  DAM  AT  CUMBERLAND  ISLAND. 


[Friday, 


that  they  weie  common  high  ways  for  all  those  States,  and  not 
within  the  exclusive  control  of  any  one,  as  far  as  their  navigation 
was  concerned,  and  that  it  would  be  monstrous  to  conclude,  that  a 
stream,  on  which  we  had  as  much,  or  nearly  as  much  commerce, 
as  on  tlie  ocean  itself,  was  intended  to  he  left  by  the  constitution, 
without  any  power  to  supervise  and  improve  its  navigation.  In 
reply  the  Senator  says,  that  this  government  has  the  right  to  reg- 
ulate the  commerce  already  in  existence  and  to  create  new  chan- 
nels for  commerce.  That  may  be  admitted,  without  weakening 
my  argument.  The  river  itself  forms  the  channels,  and  the  com- 
merce existed  before  the  government  undertook  to  improve  its 
navigation,  just  as  in  the  case  of  the  commerce  on  the  ocean. 
Now  I  put  it  to  the  Senator,  has  not  this  government  the  right  to 
establish  light-houses,  buoys,  and  beacons,  under  the  power  of  reg- 
ulating cornmerce?  If  so,  I  ask  him  to  point  out  the  distinction, 
and  show  on  what  principle  it  can  exercise  the  power  in  the  one 
case,  and  not  the  other.  The  river,  as  well  as  the  ocean,  is  the 
common  high  way  of  the  commerce  among  the  States,  and  its  na- 
vigation is  no  more  under  the  control  of  the  States,  separately, 
than  that  on  tlie  ocean.  No  just  distinction  can  be  made  between 
the  two  cises,  and  tlie  argument,  which  can  establish  the  rights  of 
the  government  to  improve  the  navigation  of  the  one,  is  equally 
strong  to  establish  the  right  to  improve  the  other.  Both  will  have 
to  be  abandoned,  or  both  admitted.  To  make  the  case,  if  possible, 
more  parallel  and  close,  I  ask  the  Senator,  if  the  government  has 
not  the  right  to  establish  light-houses,  buoys  and  beacons,  over  the 
lakes  ? 

Mr.  BAGBY. — Certainly — wherever  your  navy  float.?. 

Mr.  CALHOUN. — Then  suppose  a  light-house  is  necessary  to 
the  navigation  of  the  Mississippi,  can  you  not  erect  one  ?  Now, 
suppose  instead  of  erecting  a  light. house  you  guard  against  the 
obstruction  in  some  other  way,  would  you  not  have  an  equal  right 
to  do  it  in  such  a  way  as  would  be  attended  with  the  least 
expense  ? 

Mr.  BAGBY. — I  had  not  the  least  expectation  or  desire  to  en- 
ter into  a  contest  with  the  distinguished  Senator  from  South  Car- 
olina. I  am  happy  to  agree  with  him  in  many  things,  but  this  is 
one  of  the  cases  where  a  point  of  disagreement  necessarily  arises. 
The  question  has  been  put,  whellier  I  admit  the  power  of  the  gov- 
ernment to  erect  buoys  and  light-houses  ?  I  do,  undoubtedly,  to 
the  fullest  extent.  But  inslead  of  deriving  it  from  the  power  to 
regulate  commerce,  I  derive  it  from  the  express  power  conferred 
upon  this  government  bv  the  constitution,  to  provide  and  maintain 
a  navv.  Light.housos  and  buoys  are  as  necessary  for  the  preser- 
vatio.^  of  the  navv  as  mechanics  are  for  its  construction.  I  do  not 
understand  the  erection  of  light-houses  and  buoys  to  be  a  commer- 
cial regulation  at  all;  but  for  the  preservation  of  the  navy,  wher- 
ever ei'ected,  whether  upon  an  inland-sea,  or  the  Mississippi; 
wherever  your  navy  floats,  the  erection  of  a  light-i'ouse  is  not  a 
matter  for  the  regulation  of  cemmerce,  but  is  a  matter  indispensa- 
bly necessary  for  maintaining  the  navy- 
Mr.  CRITTENDEN. — If  the  existence  of  government  vessels, 
and  the  ri^ht  to  preserve  them  will  justify  the  removal  of  this  ob- 
struction I  can  inform  the  gentleman  of  a  fact,  which  no  doubt  he 
has  heard  of,  that  several  government  vessels  have  been  taken  up 
the  river,  and  are  now  employed  in  the  service  of  the  government. 

Mr.  CALHOUN. — One  word  if  the  Senator  will  allow  me. 
There  is  a  naval  station  in  ihe  Mississippi  at  Memphis,  which  is 
important  to  the  government;  but  what  is  more,  this  system  of 
erecting  light-houses,  buoys,  fic.was  established  before  there 
was  a  single  government  vessel.  It  must  then  have  been  regarded 
as  coming  under  the  head  of  the  power  to  regulate  commerce. 

Mr.  BAGBY. — I  want  to  ask  one  question  of  the  Senator  from 
Kentucky.  This  work  I  understand  was  constructed  by  the  gov- 
ernment. Was  it  done  upon  its  voluntary  motion  or  upon  appli- 
cation of  those  interested  in  the  navigation  of  the  river  ? 

Mr.  CRITTENDEN. — I  know  of  no  other  application  to  the 
*  ■  government  than  that  made  in  the  ordinary  way  by  the  represent- 
atives of  the  States  in  this  body. 

Mr.  DAVIS,  of  Mississippi. — Entertaining  viewj  similar  to 
those  which  have  been  expressed  by  the  Senator  from  Alabama, 
viewin"  the  whole  system  of  internal  improvement  bv  the  federal 
covernnient,  as  an  assumption  of  power  not  conferred  by  the  con- 
slilulion.  and  believing  lliat  if  the  power  were  possessed,  the  ex- 
perience we  have  lind  shows  that  its  exercise  would  be  inexpedi- 
ent and  demoralizing,  I  think  it  necessary  to  e.Nplain  why  1  shall 
vote  for  this  bill,  and  to  show  what  peculiarity  there  is  in  the  case 
which  constitutes  it  an  cxccpti.m  to  the  L'l-'ieral  rule.  The  appro- 
priation  is  not,  as  the  Senator  from  Alabama  seems  to  think,  to 
remove  a  bar  in  the  Cumberland  river  but  it  is  to  repair  a  dam 
which  the  federal  government  constructed  in  the  Ohio  river.  For 
the  purpose  of  improving  the  navigation  of  the  Ohio,  and  the  pas- 
sage from  the  Cumberland  into  the  Ohio  river,  a  dam  was  bnilt 
from  the  "Cumberland  Island"  to  the  Illinois  shore,  which  forced 
the  water  of  the  Ohio  river  into  the  channel  on  the  Kentucky  side, 
which  was  by  nature  the  inferior  channel  of  the  two  ;  but  which 
was  no  doubt  selected  because  an  incidental  improvement  would 
thus  he  made  at  the  inouth  of  the  Cumberland  river.  This  dam 
has  given  way.  the  artificial  advantage  to  the  smaller  channel  is 
lost, "and  the  larger  one  is  obstructed  by  the  remains  of  the  work 
which  the  federal   government  erected.     The   natural  navigation 


being  thus  impaired,  those  who  are  interested  in  it  have  a  right  to 
expect  of  this  government  that  it  will  remove  the  impediment  ;  at 
least  restore  them  to  their  natural  advantages.  The  broken  dam 
is  a  nuisance,  an  injury  to  vast  interests,  private  and  public,  and 
having  been  introduced  by  this  government  I  hold  we  are  bound  to 
abate  it.  The  practical  question  is,  how  can  it  be  most  efl[iciently 
and  economically  done  ?  According  to  the  best  information  in  ray 
possession,  it  will  cost  less  of  time  and  of  money,  to  repair  the 
dam  than  to  remove  the  debris.  Large  masses  of  stone  which 
have  imbedded  themselves  in  the  sand,  could  only  be  removed  by 
immense  labor,  to  be  performed  only  at  the  lowest  stage  of  water. 
To  remove  the  dam  would,  therefore,  require  that  we  should  wait 
until  after  the  present  favorable  season  for  navigation  had  passed 
by,  and  the  injurv  done  by  the  obstacle  during  this  period  would 
greatly  exceed  the  expense  of  repair.  As  a  measure  of  justice 
and  of  economy,  I  shall  vote  for  an  appropriation  to  repair  the 
dam  ;  and  thus,  at  as  early  a  day  as  possible,  to  restore  the  navi- 
gation to  a  condition  which  I  hope  will  equal,  if  it  does  not  ex- 
ceed its  natural  advantages. 

In  arriving  at  this  conclusion,  my  reflections  have  not  brought 
me  to  the  position  of  the  Senator  from  South  Carolina,  [Mr.  Cal- 
houn.] If  I  were  compelled  to  rely  on  the  power  "to  regulate 
commerce"  as  a  justification  for  this  appropriation,  my  adherence 
to  the  doctrine  of  literal  interpretation  of  the  terras  of  the  consti- 
tution would  compel  me  to  vote  against  thistjili,  intimately  con- 
nected as  it  is  with  the  interests  of  the  great  valley  of  which  I 
represent  a  part.  To  regulate  is  to  make  rules,  not  to  provide 
raeans.  The  power  was  given  by  the  States  to  the  federal  govern- 
ment, as  part  of  the  great  purpose,  the  establishment  of  a  more 
perfect  union,  and  the  promotion  of  doraestic  tranquility.  The 
common  airent  was  entrusted  with  this  power,  because  it  could 
only  be  nsed  by  the  States  as  sovereigns  making  treaties  with  each 
other,  and  because  its  exercise  was  probably  to  be  a  detriment  to 
the  coramercial  interests  of  our  political  family,  and  a  cause  of 
dissension  among  us.  The  same  clause  which  conveyed  this  power 
in  regard  to  the  commerce  of  the  States,  gave  it  also  in  relation 
to  foreign  nations  and  Indian  tribes.  If  the  construction  were  ad- 
mitted that  the  power  to  regulate  commerce,  carries  with  it  the 
right  to  improve  the  channels  through  which  it  is  transmitted, 
there  would  be  no  limit  to  our  appropriations  within  the  raost  re- 
raote  port  which  our  merchantmen  visit,  or  the  least  known  Indian 
tribe  with  whom  our  fur  traders  hold' intercourse. 

Any  rule  which  could  be  laid  down  as  a  limit  to  the  extent  which 
the  federal  government  may  constitutionally  go  in  works  of  im- 
provement, must  be  found  in  practice  defediive,  and  liable,  in  the 
progress  of  legislation,  to  be  lost  sight  of  unless  that  rule  has 
within  it  its  own  limitation.  It  might,  with  great  fairness,  be 
urged  that  the  federal  government  is  bound,  as  one  who  uses  the 
public  highways,  to  contrfiute  its  proportion  of  the  labor  neces- 
sary to  keep  tliem  in  repair  ;  and  if  this  were  an  occasion  proper 
to  the  discussion  of  the  general  subject,  it  might  easily  be  shown 
that  both  historically  and  practically  the  Ohio  river  is  emphati- 
cally a  national  highway,  and  entitied  as  such  to  all  which  the 
federal  government  has  a  right  to  bestow.  If  appropriations  to 
rivers  and  harbors  were  limited  to  the  amount  collected  by  charges 
imposed  upon  their  commerce  we  should  have  a  guide  and  a  check 
to  expenditures  on  their  improvement.  On  our  great  western 
rivers,  so  often  selected  as  the  foundation  of  an  argument,  a  very 
light  tonnage  duty  would  suffice  to  make  all  the  improvements 
which  have  been,  or  ever  will  be,  required  for  their  successful  navi- 
gation. The  general  application  of  such  a  rule  would  impose  the 
burden  upon  those  who  receive  the  benefit  of  improvements  ;  our 
legislation  would  be  freed  irom  alliances  which  corrupt  it  at  the 
fountain,  and  overburden  the  national  treasury  by  appropriations 
for  local  objects. 

Whilst  I  agree  with  the  Senator  from  Alabama  in  the  general 
principles  which  he  has  stated,  I  disagree  with  the  view  which  he 
has  taken  of  the  particular  case.  To  tap  a  stream,  or  to  remove 
a  natural  dam,  are  anions  the  most  dillicult  problems  of  civil  en- 
gineering, and  admitted  to  be  attended  by  all  the  dangers  which 
the  Senator  has  indicated;  but  to  improve  the  bed  of  a  stream — to 
increase  without  radically  changing  the  natural  advantages  of  a 
national  highway,  are  cases  widely  differing  from  those  put  by  the 
Senator,  whether  they  be  viewed  as  questions  of  engineering,  or  of 
constitutional  construction.  The  cases  put  bv  the  Senator  endan- 
ger the  natural  navigation  by  drawing  offthe  original  pools;  or  by 
leaving  the  highway  coramon  to  the  States,  and  entering  with  a 
canal  the  territory  of  a  particular  State,  invade  its  sovereignty 
over  the  soil.  These  are  objections  which  do  not  apply  to  the 
question  before  us,  if  it  were  presented  for  original  decision;  in- 
stead of  being  as  it  is,  a  proposition  to  remedy  an  evil  which  the 
former  action  of  the  general  government  has  inflicted. 

The  Senator  from  South  Carolina,  (Mr.  Cai.houn,)  offers  the 
practice  of  erecting  light. houses  and  biiovs  in  the  harbors  on  our 
sea  coast,  as  an  argument  for  the  existence  of  the  power  to  im- 
prove the  channels  of  interior  commerce.  AVith  great  deference 
to  the  acknowledged  ability  of  that  Senator,  I  differ  entirelv  from 
his  conclusion,  and  deny  the  analogy  upon  which  he  insists.'  The 
erection  of  light-houses  upon  our  maritinc  coast,  and  the  placing 
of  buoys  to  mark  the  entrance  into  our  harbors,  are  mainly  refera- 
ble to  the  power  to  maintain  a  navy,  and  provide  for  the  coramon 
defence;  though  I  will  admit  that  the  construction  of  light-houses 
and  buoys  may  also  be  drawn  from  the  power  to  regulate  com- 
merce, and  for  like  reasons  as  apply  to  the  construction  of  docks, 
ways,  and  warehouses.  For  convenience  and  security  in  the  col- 
lection of  imposts,  we  require  goods  imported  into  the  country  to 


April  14.] 


THE  DAM  AT  CUMBERLAND  ISLAND. 


495 


be  laid  down  at  particular  places;  thence  arises  an  obligation  to 
facilitate  the  entrance  of  vessels  to  the  places  so  designated,  and 
facility  and  security  being  the  common  benefit  of  the  parties,  ton- 
nage duties  and  port  charges  are  imposed,  and  serve  to  create  the 
means  for  harbor  improvements.  Surely  this  cannot  be  considered 
parallel  to  the  improvement  of  the  route  over  which  the  commerce 
is  to  pass. 

Mr.  DAVIS,  of  Massachusetts. — How  does  that  agree  with  the 
provision  of  the  constitution  which  gives  power  to  the  general  gov- 
ernment to  regulate  commerce  among  the  States  ? 

Mr.  DAVIS,  of  Mississippi. — The  power  to  prescribe  the  rules 
for  commerce  among  the  States  was  surrendered  to  the  general 
government,  the  States  were  thenceforward  deprived  of  the  power 
to  impose  restrictions  or  le\'y  duties  upon  the  commerce  of  each 
other,  and  the  federal  government  received  that  power  under  lim- 
itations which  raarlc  the  purpose  of  those  who  gave  it.  Our  con- 
stitution was  to  bring  the  States  nearer  to  each  other,  and  this 
power,  transferred  to  the  general  government,  it  was  foreseen 
would  be  the  Iriiitful  cause  of  Jealousy  and  strife;  the  barriers  then 
opposed  by  some  States  to  the  commerce  of  others  were  swept 
away  by  the  compact  of  unioD,  and  no  foundation  was  left  upon 
which  they  could  be  rebuilt.  All  had  been  done  which  constitu- 
tions can  achieve,  to  give  to  the  people  of  the  United  States  one 
commerce  and  interest.  The  constitution  of  these  United  States 
16  a  monument  to  free  trade,  and  the  various  clauses  in  it  bearing 
upon  this  power  to  "regulate  commerce  among  the  States,"  show 
that  it  was  not  to  give  activity  to  the  exercise  of  it,  but  to  restrain 
the  States,  that  it  was  conferred  upon  the  federal  government.  It 
was  not  my  purpose  to  enter  into  the  discussion  of  the  great  prin- 
ciples which  have  been  alluded  to,  but  only  to  point  out  some  of 
the  peculiarities  of  the  case  under  consideration,  which,  in  my 
opinion,  make  it  an  exception  to  the  general  rule,  and,  therefore. 
free  it  from  objections  which  might  generally  obtain. 

Mr.  CALHOUN. — As  the  Senator  from  Mississippi  thouglit 
proper  to  attack  the  ground  on  which  I  rest  my  support  of  this 
bill,  while  he  concurs  with  me  in  supporting  it,  I  feel  called  on 
briefly  to  reply  to  his  argument.  He  says  the  power  to  regulate 
commerce  is  restricted  to  the  jtower  to  prescribe  rules,  and  does 
not  include  the  power  to  provide  means  for  its  safety  and  facility. 
And  yet,  while  he  takes  this  position,  he  admits  the  power  of  Con- 
gress to  establish  light-houses,  buoys,  and  beacons,  to  point  the 
way  into  harbors  where  duties  are  collected;  and  thus  admits,  to 
that  extent,  that  the  power  of  prescribing  rules,  includes  the 
power  of  providing  for  the  safety  and  facility  of  commerce.  And 
he  thereby  admits  it  to  rest  on  the  power  to  establish  ports  of  en- 
tries, and  collection  of  duties.  This  admission  concedes  the  whole 
right  for  which  I  contend,  but  places  it  on  grounds  far  less  safe  and 
well-defined.  The  establishment  of  ports  of  entry,  and  collection 
of  dutits,  are  not  confined  to  the  seaboard.  They  extend  on  the 
Mississippi  far  up  the  stream,  as  high  as  St.  Louis  and  Cincinnati; 
and  on  his  own  showing.  Congress  has  the  power,  under  the  reg- 
ulation of  commerce  to  provide  for  its  safety  and  facility  up  to 
these  points,  by  removing  the  obstructions  in  the  cliannel  of  the 
river,  which  might  endanger  or  impede  its  navigation.  He  will 
not,  I  feel  confident,  make  a  distinction  between  pointing  out  the 
danger,  and  removing  the  cause  of  it — between  the  power  of  estab- 
lishing a  light  hou.se  to  point  out  snags  and  sawyers  at  night,  and 
removing  lliem.  Nor  can  it  be  objected  that  the  Mississippi  is  not 
navigable  fot  sea. going  vessels.  Under  ihe  power  of  steam,  it  is 
navigated  with  almost  the  same  facility  that  it  would  be,  if,  instead 
of  a  river,  it  was  an  arm  of  the  ocean;  while  its  great  depth  and 
volume  of  water  admit  vessels  of  as  great  a  tonnage  as  most  of 
the  ports  on  the  coast.  Nor  is  it  a  sufficient  objection  to  say  that 
its  navigation  subjects  it  to  great  delay,  in  consequence  of  low- 
water,  or  ice.  Vessels  are  often  delayed  in  consequence  of  ad- 
verse winds,  or  calms,  off  the  ports  on  the  coast;  but  that  is  not 
a  good  reason  why  they  should  not  be  made  ports  of  entry,  and 
have  the  entrance  into  them  pointed  out  by  light  bouses,  buovs, 
and  beacons.  If  it  were,  the  harbor  at  the  mouth  of  Columbia 
river  would  forever  remain  without  these  facilities  ;  for  vessels 
have  been  known  to  lie  before  it  for  months,  before  ihey  could  enter; 
and  when  they  did.  they  entered  with  great  hazard. 

I  do  not  wish  to  be  understood  by  these  remarks  to  give  my 
countenance  to  the  ground  on  which  the  Senator  places  the  power. 
I  regard  it  as  utterly  untenable  and  dangerous,  as  it  would  ena- 
ble Coiigress  to  give  any  extension  it  pleased  to  the  power.  I 
pass  without  notice  the  other  grounds  on  which  he  places  the 
power ''to  provide  and  maintain  a  navy,"  as  I  have  already  re- 
plied to  it  in  answer  to  the  Senator  from  Alabama. 

As  to  internal  improvement' — that  is  improvement  within  a 
State,  I  am  as  mnch  opposed  to  the  exercise  of  the  power  by  this 
governrnent,  as  cither  the  Senator  from  Mississippi  or  Alabama  can 
be.  I  limit  the  power  for  which  I  contend,  to  the  great  highways 
—common  to  all  the  States,  and,  of  course,  under  ihe  control  and 
supervision  of  no  one— to  their  exterior  intercourse  with  each 
other,  and  not  to  the  internal  intercourse,  within  their  sejiaratc 
supervision  and  control.  I  feel  assured  that  the  ground  on  which 
I  rest  the  power,  is  the  only  one  on  which  efleetual  resistance  can 
be  made  to  internal  improvements,  properly  understood.  Toundcr- 
take  to  give  a  construction  to  the  power  which  would  include  the 
sea-coast,  and  exclude  its  afflux  to  the  Mississippi  and  the  Lakes, 
rnust  end  either  in  the  entire  abandonment  of  the  power  to  estab- 
lish  light  houses,  buoys,  and  beacons,  or  to  give  unlimited  exten- 
sion to  the  power  of  Congress,  to  regulate  commerce  both  within 
and  without  the  States. 


Mr.  DAVIS,  of  Mississippi.— The  Senator  from  South  Caro- 
lina has  misconstrued  the  admission  made  by  me  as  to  the 
right  to  erect  light-houses  and  buoys.  In  addition  to  that 
which  was  referable  to  the  navy  power,  I  said  there  also 
existed  a  power  incident  to  the  regulation  of  commerce,  to  con- 
struct light-houses  and  buovs  where  necessary  to  the  safety 
of  those  on  whom  our  regulations  were  imposed  By  making  it  a 
consequence  of  the  laws  which  require  imported  goods  to  be  landed 
at  particular  places,  it  was  sufficiently  indicated  that  the  works 
should  be  connected  with  the  places  thus  prescribed.  The  refer- 
ence to  the  tonnage  duties  and  port  charges,  as  laid  in  considera- 
tion of  the  harbor  facilities  furnished,  certainly  exhibited  with  suf- 
ficient clearness  the  extent  of  my  admission.  I  believe  it  was 
originally  the  practice  to  limit  appropriations  for  a  harbor,  to  the 
amount  of  port  and  tonnage  duties  collected  at  it.  I  wish  the  rule 
were  now  in  force.  No  admission  has  been  made  by  me  which 
can  be  fairly  construed  as  recognizing  the  right  to  expend  means 
drawn  from  the  national  treasury  upon  harbors  which  have  no  tax- 
able commerce,  and  which  therefore  supply  no  funds  to  the  govern- 
ment- Least  of  all  can  any  thing  advanced  by  me  be  tortured 
into  an  admission  of  the  right  to  go  abroad,  from  the  place  for 
which  the  regulation  is  made,  to  create  a  commerce  upon  which 
the  regulation  shall  operate. 

The  Senator  selects  landings  on  the  upper  Mississippi  and  Ohio 
and  asks  if  these  are  not  ports  of  entry,  and  if  vessels  cannot  go 
up  to  them  from  the  sea.  For  the  latter  question  I  will  refer  him 
to  his  recollections  of  the  trip  he  made  from  Memphis,  after  the 
celebrated  convention  held  at  that  place,  and  then  inform  him  that 
he  was  in  a  very  deep  river  when  compared  to  those  he  would  have 
passed  over,  if  ho  had  ascended  to  the  ports  of  entry  he  has 
named. 

The  Senator  is  certainly  awaro,  that  the  places  named  by  him 
as  ports  of  entry,  have  no  foreign  commerce  brought  to  them  in 
sea  vessels  ;  and  if  they  had  he  could  only  apply  mv  admission  to 
the  landing  place,  which  would  not  in  the  least  aid  his  purpose, 
or  their  coinmerce.  It  will  be  long  before  I  admit  as  an  incident 
to  laws  prescribing  the  rules  for  commerce,  that  the  federal  gov. 
eminent  can  create  channels  through  which  commerce  may  flow  ; 
or  that  an  act  of  Congress  can  make  the  entrance  to  a  harbor,  equal 
the  distance  from  the  sea  to  the  landing  for  river  boats  on  the  head 
bianclies  of  our  longest  rivers. 

II  10  declare  by  law  a  landing  on  some  interior  river  to  be  a 
port  of  entry,  can  confer  the  power  to  remove  all  obstructions 
between  that  landing  and  the  sea,  what  limit  have  we  to  the  bur- 
dens which  may  be  imposed  upon  the  industry  of  the  country,  to 
support  the  visionary  or  corrupt  schemes  which  theory  or  selfish- 
ness may  devise?  If  under  the  power  to  make  rules,  to  enact 
laws,  for  the  government  of  conimeroe,  we  have  the  ri<;ht  to  ap- 
propriate money  to  provide  for  it,  channels  of  transportation,  who 
shall  discriminate  between  rivers,  and  creeks,  and  canals,  and 
railroads  ;  or  who  can  say  that  from  channels  it  may  not  be  ex- 
tended to  vehicles  for  conveyance?  So  far  as  we  may  constitution- 
ally improve  our  national  high-ways,  it  must  be  for  other  purpose 
than  the  promotion  of  commerce  ;  and  the  power  must  be  drawn 
elsewhere  than  from  the  right  to  regulate  it.  The  transportation 
of  troops,  of  supplies,  and  munitions  of  war,  the  transfer  of  public 
monies,  the  proper  discharge  of  the  civil  functions,  and  military 
duties  ol  the  federal  government,  may  require  the  improvement  of 
public  high-ways;  and  under  the  war  power,  and  the  duly  to  pro- 
vide  for  the  common  defence,  it  may  as  far  as  is  necessary  lie  done. 
This  is  a  necessity  which  the  settlement  of  our  territory  removes, 
it  has  limitations,  both  of  time  and  of  purpose  ;  not  so  with  im- 
provements for  commerce,  which  will  increase  with  increasing 
population,  and  has  its  application  to  every  town,  and  village  of 
the  Union.  The  interest  of  those  whom  I  represent,  my  own 
conviction,  and  feelings  unite  in  resistance  to  a  construction  than 
which  none  was  ever  adopted  more  latitudinous  in  its  nature,  or 
tending  to  move  ffagrant  abuse.  I  have  admitted  that  at  a  place 
where  imposts  are  eoilected,  where  tonnage  duties  are  paid, 
where  imports  are  required  to  be  landed,  that  an  obligation  is  im- 
posed to  point  out  the  safe  approach  to  the  place  so  designated  ; 
the  mere  declaration  that  a  certain  place  shall  be  a  port  of  entry 
does  not  fulfil  any  of  the  conditions,  and  if  they  were  all  fulfilled, 
no  application  could  be  made  of  my  admission  to  the  route  over 
which  the  vessel  had  passed  in  its  voyage. 

Mr.  CALHOUN.— When  the  wind  is  adverse  the  vessel  may 
lay  off:  lor  weeks  without  being  able  to  enter  a  harbor  Buoys 
and  beacons  are  necessary  to  point  the  way  into  Imrbori,  and  there- 
fore they  come  under  the  regulation  of  commerce;  and  if  wo  can 
provide  these  facilities  on  the  sea  coast,  on  what  principle  is  it  that 
we  are  prohibited  from  providing  facilities  on  our  great  navigable 
rivers?  Sir,  I  bold  it  to  be  as  clear  a  power  as  any  in  the  consti- 
tution, demonstrably  so,  from  the  meaning  which 'the  phrase  to 
regulate  commerce  had  before  the  adoption  of  the  constitution.  I 
have  examined  this  subject  with  great  care,  and  I  have  never  ex- 
amined any  question  upon  which  I  have  come  to  so  decided  a  con- 
clusion. Sir,  it  is  monstrous  to  say  that  where  the  interests  of  so 
manv  States  are  concerned,  we  shall  not  exercise  a  power 
which  IS  so  clearly  defined.  How  far  it  will  extend  to  the  smaller 
rivers  I  will  not  undertake  to  say,  but  as  far  as  regards  the  Mis- 
sissippi and  the  Ohio,  the  only  result  of  setting  up  a  narrow  con- 
strnciion  will  be  to  make  the  power  universal.  You  must  give 
it  the  exercise  it  was  intended  to  have  originally  or  there  will 
be  no  limitation  upon  it  whatever. 

The  yeas  and  nays  were  then  taken  on  the  passage  of  the  bill, 
and  it  was  determined  in  the  affirmative,  as  follows  : 


496 


PRIVATE  BILLS. 


[Friday, 


ypAS — Messrs.  Alien,  Ashley.  Atchison,  B.-idger,  Bell,  Benton,  Berrien.  Breese, 
Briphi,  Calhoun,  Cameron,  Clarke.  Cortvin,  Critt«*nden.  Davis,  of  Massuchuselts, 
Davis,  of  Mississippi.  Dickinson,  Dix,  Downs,  Fclch,  Foote,  Greene,  Hannegan, 
Mancnm,  Miller,  Niles,  Pearce.  Phelps,  Sprnance,  T'nderwooii.  Upliani. — 31. 

NAYS— Messrs.  B.-rgby,  Butler,  Ilale,  Hunter,  Johnson,  of  Georgia,  Mason,  Moor  , 
Turney.— 8. 

So  it  was, 

Rrsolved,  That  this  bill  pass  and  that  the  title  thereof  be  as  aforesaid. 

Ordered.  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

PRIVATE    BILLS    UPON    THE    CALENDAR. 

The  VICE  PRESIDENT  annnunoetl  that  the  Senate  would 
now  proceed  to  the  consideration  of  the  private  hills  upon  the  ca- 
lendar, in  pursuance  of  the  order  adopted  on  Friday  last,  making 
them  the  special  order  for  to-day  and  to-morrow,  to  the  exclusion 
of  all  other  business. 

The  followinc  hills  and  joint  resolution  were  read  the  second 
time  and  considered  as  in  Committee  of  the  Whole  ;  and  no  amend- 
ment being  made  they  were  reported  to  the  Senate  : 

A  bill  for  the  relief  of  Elizabeth  Pistole,  widow  of  Charles  Pistole,  deceased. 

A  bill  for  the  relief  of  Jesse  Turner. 

A  bill  for  the  relief  of  the  forward  odieers  of  the  late  exploring  expedition. 

A  bill  for  the  relief  o''  J.  F.  Caldwell. 

A  bill  for  the  relief  of  Nathaniel  KuykeiiHall. 

A  bill  granting  a  pension  to  Abigail  GarlanrI,  widow  of  Jacob  Garland,  deceased. 

A  bill  for  the  relief  of  Thomas  Brownell. 

A  bill  for  the  relief  of  Elizabeth  Jones,  and  the  othercliildren,  if  any,  of  John  Carr. 

A  bill  for  the  relief  of  Thompson  Hutchinson. 

A  bill  for  the  relief  of  Thomas  Douglas,  late  United  States  AUorney  for  East 
Florida. 

A  bill  for  the  relief  of  Samuel  W.  Bell,  a  native  of  the  Cherokee  nation. 

A  joint  resoluli  >n  for  the  relief  of  Jonathan  I.,ewis. 

A  bill  for  the  relief  of  Oliver  C.  Harris. 

A  bill  to  provide  for  the  settlement  of  the  claim  of  Henry  VVasbiuj,'ton,  late  a  dep- 
uty snrvevor  of  the  public  lands  in  Florirla. 

A  bill  for  the  relief  of  Reynolds  May. 

A  bill  supplementary  to  an  act  to  authorize  the  Secretary  of  State  to  liquidate  cer- 
tain claims  therein  mentioned,  passed  Aitril  18,  1814. 

Ordered,  That  they  be  engrossod  and  read  a  third  time. 

Said 'bills  and  joint  rosoUilion  were  read  a  third  time,  by  unani- 
mous consent, 

Itcsolved,  That  they  pass,  and  that  their  respective  titles  be  as  aforesaid. 

Ordered.  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  said  bills  and  joint  resolution. 

The  bill  for  the  relief  of  the  legal  representatives  of  Captain 
Jesse  D.  Elliott  was  read  the  second  time,  and  considered  as  in 
Committee  of  the  Whole  ;  and  no  amendment  being  made  it  was 
reported  to  the  Senate, 

The  question  being  on  ordering  the  bill  to  be  engrossed  and  read 
a  third  time — 

Mr.  HALE. — I  am  utterly  opposed  to  the  pnssnge  of  this  bill 
or  of  any  thing  like  it.  You  are  payiii!,'  the  officers  of  your  navy 
higher  salaries  than  offiocrs  of  the  siime  grade  receive  iti  tinV 
country  on  the  face  of  the  earth  ;  and  it  is  for  the  very  purpose  of 
enabling  them  to  defray  siieh  extraordinary  expenses  as  they  may 
be  sulijected  to  by  giving  entertainments,  and  exchanging  civili- 
ties with  persons  connected  with  governmciils  abroad,  that  you 
give  them  tho.se  high  salaries. 

Mr,  CAMERON. — The  sum  proposed  by  this  bill  to  be  granted 
to  the  heirs  of  Commodore  Elliot,  is  but  a  small  part  of  what 
was  expended  by  him.  It  is  well  known  that  the  purpose  for 
which  he  was  sent  to  the  Mediterranean,  was  not  an  ordinary 
one.  He  was  sent  there  for  the  purpose  of  exhibiting  the  power 
nn'l,  strength  of  this  govenmietit.  The  money  wliicli  he  was 
obliged  to  spend,  was  disbursed  out  of  his  own  resources,  and  the 
sum  was  so  considerable  as  seriously  to  injure  his  private  fortune. 
All  has  been  stricken  nut  of  the  bill  however,  except  the  items 
which  relate  to  the  entertaininent  of  the  Sovereigns. 

Mr.  ham:. — I  do  not  want  to  say  a  word  about  the  course 
of  Commodore  Elliot,  I  believe  the  country  remembers,  that  when 
he  came  home  he  was  court  martialed. 

Mr.  CAMERON.— Unjustly. 

Mr.  hale. — Well,  it  may  be  so  ;  but  I  believe  the  King  of 
Greece,  and  the  Queen  of  Saxc  Cobourg  were  not  the  only  animals 
ho  entertained,  for  I  remcniber  one  of  the  charges  agninst  him 
was,  that  he  had  so  encumbered  his  vessel  with  animals,  Elephants, 
Jackass's,  kc,  that  she  was  disipialified  for  any  service.  He  had 
Jackasses  bends  stuck  through  all  the  port  holes,  and  in  fact,  his 
ship  was  familiarly  known  in  the  Mediterranean  as  the  Jackass 
frio'ate,  I  believe  the  first  example  of  voting  money  lor  such  a 
purpose  as  this,  was  the  grant  made  to  Commodore  Morgan,  and 
I  trust  it  will  bo  the  last.  Why  are  such  high  salariib  granted  to 
our  naval  oflfioors,  unless  it  is  to  cover  extraordinary  expenditures  ? 


I  believe  the  estimates  for  the  naval  service  this  year  amount  to 
fifteen  millions  of  dollars. 

Several  Senators. — Between  ten  and  eleven  millions. 

Mr.  HALE. — I  think  they  will  be  found  to  be  not  less  than  fif- 
teen millions  in  the  aggregate,  but  eleven  is  enough  for  my  argu- 
ment. During  the  last  war  with  Great  Britain,  I  believe  our  navy 
ilid  not  cost  us  more  than  four  or  five  millions  at  the  utmost,  and 
it  has  now  got  up  to  eleven  millions,  and  is  increasing  year  by 
year,  and  in  addition  to  this  enormous  expense,  every  time  there 
is  an  entertainment  given  by  a  naval  officer,  there  must  be  an  ap- 
propriation made  to  meet  the  expense.  Sir,  I  hope  the  bill  will 
be  indefinitely  postponed,  and   upon  that  I  ask  the   yeas  and  nays. 

Mr.  BADGER. — I  am  sorry  that  the  Senator  from  New  Hamp- 
shire has  thought  it  necessary  to  oppose  this  bill,  and  I  regret  still 
more  that  he  has  felt  it  to  be  his  duty  to  indulge  in  the  style 
of  remark  which  he  has  addressed  to  the  Senate  on  this  occasion. 
Commodore  Elliot  is  now  no  more  ;  while  in  the  service  of  the 
country  he  advanced  her  interests,  and  merited  her  approbation. 
His  memory  should  at  least  be  entitled  to  respect.  If  in  his  con- 
duet  towards  those  under  his  command,  he  did  any  thing  that  was 
calculated  to  bring  reproach  upon  his  name,  his  conduct  was  sub- 
jected to  investigation  by  the  proper  tribunal,  and  he  submitted 
himself  to  the  punishment  awarded  by  that  tribunal,  whether  justly 
or  unjustly,  I  do  not  propose  now  to  enquire.  But  it  does  seem  to 
me  that  the  remarks  of  the  Senator  from  New  Hampshire,  though 
probably  not  so  designed,  for  I  am  sure  he  woulu  be  the  last  man 
in  the  world  who  would  voluntarily  inflict  injury — are  calculated  to 
bring  into  the  consideration  of  this  question,  prejudices  which 
ought  never  to  sway  an  American  Senate.  According  to  my 
judgment  there  cannot  be  a  plainer  case,  or  one  which  appeals 
more  directly  to  our  sense  of  justice. 

It  is  said  that  the  expenses  of  the  American  navy  are  large. 
Sir,  that  furnishes  no  reason  why  a  sum  of  money  which  in  justice 
and  right  ought  to  be  refunded  to  Commodore  Elliot,  or  to  those 
who  represent  him,  should  be  withheld.  If  the  expenses  of  the 
navy  are  large  he  had  nothing  to  do  with  making  them  so;  he 
neither  created  the  navy  nor  fixed  its  expenses  The  expenses  of 
the  navy  is  a  matter  which  has  nothing  to  do  with  the  considera- 
tion of  this  question.  This  gentleman  was  sent  out  in  a  first  class 
ship  not  only  for  the  purpose  of  adding  to  the  stores  of  American 
science,  but  for  the  purpose  of  exhibiting  American  strength.  He 
visits  a  certain  port,  and  it  is  announced  to  him  that  a  sovereign 
intends  to  do  him  the  honor  to  visit  his  ship.  What  is  he,  under 
such  circumstances,  to  do?  Is  he  to  say,  I  belong  to  a  republic;  we 
know  nothing  about  kings  and  queens;  we  do  not  desire  the  honor 
ol  a  visit  from  you;  we  want  none  of  your  company?  I  am  sure 
that  the  Senator  from  New  Hampshire  would  not  desire  him  to 
act  in  such  a  manner  as  this.  Well,  the  royal  cortege  comes  on 
board,  what  is  he  then  to  do?  Is  he  to  announce  to  them  that  he 
is  a  member  of  the  Washingtonian  cold-water  total-abstinence  so- 
ciety, and  refuse  to  order  refreshments?  Why  it  is  preposterous 
to  suppose  that  either  of  these  courses  can  be  adopted.  What  is 
he  to  do?  He  is  the  representative  of  his  country,  and  he  should 
represent  it  in  a  manner  that  is  suitable  toils  dignity;  and  he  does 
so  at  an  expcn.se  to  himself  of  fifteen  hundred  dollars.  The  Sena- 
tor savs  that  he  receives  a  large  salary  and  that  is  suflicient  for 
purposes  of  hospitality.  So  it  is  for  ordinary  hospitality,  but  not 
for  occa.sions  like  these.  I  think  we  should  be  wanting  in  the  duty 
that  wc  owe  ourselves,  if  we  should  refuse  to  reimburse  him  for 
this  outlay,     I  hope  the  bill  will  not  be  postponed. 

Mr.  PEARCE. — The  honorable  Senator  from  New  Hampshire 
is  mistaken  in  supposing  that  the  case  of  Commodore  Morgan  is 
the  only  one  in  which  an  appropriation  of  this  kind  has  been  made. 

Mr,  HALE  . — I  did  not  refer  to  the  case  of  Commodore  Mor- 
gan as  a  precedent  myself;  it  was  referred  to  by  the  committee. 
In  regard  to  the  remarks  of  the  Senator  from  North  Carolina,  I 
should  have  been  exceedingly  glad  if  that  gentleman,  who  gene- 
rally delivers  what  he  has  to  say,  with  so  much  grace  and  propri- 
ety— had  abstained  on  this  occasion  from  what  appeared  to  me  to 
be  an  unkind  slur  on  temperance  societies.  I  should  be  very  glad 
to  entertain  that  honorable  Senator  in  my  humble  home,  but  the 
beverage  1  should  ofier  him,  though  he  might  consider  it  an  insult, 
Would  be  the  best  water  the  country  afibrds.  1  think  the  influence 
of  such  unkind  suggestions,  as  those  made  by  the  Senator  are  cal- 
culated to  do  vast  injury  to  a  cause,  which  I  know  is  dear  to  his 
heart.  Now  in  regaid  to  this  claim,  I  look  upon  it  as  esiablishing 
a  dangerous  practice.  Wc  shall  now  have  to  commence  paying 
for  the  entertainments  given  by  our  ministers  abroad.  It  is  by 
thcin  that  the  true  dignity  of  the  nation  is  represented,  and  if 
there  is  any  propriety  in  the  thing  at  all,  they  arc  the  persons  who 
should  give  entertainments.  You  will  find  applications  of  this 
kind  multiply  upon  your  hands.  There  will  be  no  end  or  limita- 
tion to  it. 

Mr.  BADGER. — A  single  remark,  sii ,  and  first  in  regard  to  en- 
larging the  salaries  of  our  foreign  ministers.  If  the  honorable  Se- 
nator entertains  the  opinion  that  they  should  be  increased,  I  hope 
he  will  follow  it  with  a  bill,  and  I  give  him  my  word,  that  he  shall 
have  my  su|t])ort.  But  the  honorable  Senator  is  mistaken  if  he 
supposes  that  ambassadors  or  ministers  are  subject  to  any  such  ex- 
penses. Kings  and  Queens  are  not  in  the  habit  of  visitinL'  minis- 
ters, but  ihey  are  in  the  habit  of  going  on  board  national  ships, 
from  which  visits,  they  expect  to  derive  both  pleasure  and  instruc- 
tion.   All  the  expenses  to  which  a  minister  would  bo  exposed  of  a 


April  14. J 


PRIVATE  BILLS. 


497 


similiar  character,  are  precisely  such  as  have  been  stricken  out  of 
this  bill — the  expenses  of  ordinary  hospitality.  One  word  with  re- 
gard to  temperance  societies,  and  I  have  done.  I  was  not  aware 
that  there  was  anything  unkind  in  what  I  said.  I  merely  intended 
to  express  as  well  as  I  could,  what  might  have  been  the  excuses 
offered  by  the  Commodore.  The  honorable  Senator  from  New 
Hampshire  has  been  pleased  to  say,  that  he  linpcd  I  would  visit 
his  part  of  the  country.  I  have  looked  forward  with  the  confident  ex- 
pectation, that  if  business  or  pleasure  called  me  there,  I  would  even 
with  personal  inconvenience  to  myself,  go  out  of  my  way  to  do 
myself  the  pleasure  of  visiting  him  at  his  hospitable  abode.  But  I 
must  say  this  to  him.  after  the  annonnccment  he  has  made,  I  shall 
take  care  when  I  do  make   that  visit,  that  it  shall  be  after  dinner! 

Mr.  BERRIEN. — For  my  own  guidance  in  this  matter,  I  desire 
to  ask  a  question  of  the  Chairman  of  the  Committee — granting  the 
propriety  of  this  reimbursement  by  the  government  to  a  comman- 
der of  a  vessel,  I  desire  to  enquire  in  what  way  the  actual  amount 
of  the  expenditure  is  ascertained.  Is  it  based  upon  any  evidence, 
or  upon  the  mere  statement  contained  in  the  memorial? 

Mr.  CAMERON. — The  amount  asked  for  originally  was  five 
thousand  dollars,  which  sum  was  reduced  by  the  committee  to  fif- 
teen hundred  dollars.  I  do  not  remember  the  precise  nature  of 
the  evidence  of  the  expenditures,  but  I  know  that  the  committee 
were  entirely  satisfied  of  the  propriety  of  granting  the  latter  sum. 
While  up  I  will  say  to  the  honorable  Senator  from  New  Hampshire 
that  he  has  done  g.eat  injustice  to  the  memory  of  Commodore 
Elliott.  He  was  a  brave  and  good  man,  and  his  conduct  was  irre- 
proachable in  every  respect,  except  perhaps  in  this  matter,  in 
which  he  was  charged  with  loading  his  vessel  with  animals;  and 
even  then  he  acted  under  the  orders  of  the  Secretary  of  the  Navy. 

Mr.  BERRIEN. — I  made  the  inquiry  because  I  looked  over  the 
papers  upon  your  table,  and  I  found  no  evidence  whatever  upon 
which  this  claim  rests,  except  the  mere  statement  in  the  memorial. 
The  committee,  I  presume,  must  have  access  to  some  sources  of 
information  bv  which  they  have  fixed  upon  an  amount  which  they 
will  allow.  They  have  an  account  presented  by  the  memorial, 
and  I  perceive  they  have  divided  the  items  of  that  account  into  two 
classes,  rejecting  certain  items  as  expenditures  resulting  from  the 
individual  hospitality  of  the  officer;  others  they  have  allowed  as 
resulting  from  what  they  supposed  to  be  the  necessity  of  his  situa- 
tion as  a  commanding  officer  of  a  national  vessel.  But  I  do  not 
find  that  there  is  any  evidence  other  than  the  statement  of  the  me- 
morial to  authorize  a  conjecture  as  to  the  amount. 

The  question  being  taken  on  the  motion  for  the  indefinite  post- 
ponement, it  was  decided  in  the  affirmative,  by  yeas  and  nays,  as 
follows  : 

30th  Cong.— 1st  Session — No.  63. 


YEAS. — MessiE.  Alien,  Ashley,  Atchi-'iOn,  Bapby.  Bernen,  Breese.  Bright,  Cal- 
houn, Clarke,  CHltenden,  Davis,  of  3\T.-)ssachi)setls,  Pa%-i3,  of  Misii45im)i,  Dix.  Downs, 
Felch,  Hale,  Hunter,  Johnson,  of  Georgia.  Lewis,  Mason,  Plielps.  Rask,  Spiuance, 
Tumey,  Underwood,  Upliam.  We^tcolt — 27. 

NAYS.— Messis.  Badger.  Benlon,  Buller,  Cameron.  DicivinsoQ,  Foole,  Hannegan, 
Mangnm,  Miller,  Moor,  Nilcs,  Pearce — 12. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  following  bills  ;  and  no  amendment  being  made  thev 
were  reported  to  the  Senate  : 

A  bill  for  the  relief  of  Crnde  Taylor. 

A  bill  for  the  relief  of  Jeanette  C.  Huutington,  widow  and  sole  exdciitriz  of  Wil- 
liam D.  Clieever,  deceased, 

A  bill  to  authorize  the  Secretary  of  the  Treasu'y  to  make  an  arrangement  or  com- 
promise with  Mangel  M.  Cinackeoboss  and  his  co  obligors,  oi  any  of  them,  for  claims 
on  bonds  given  by  ihem  as  sureties  to  the  United  States. 

Ordered.  That  said  bills  be  engrossed  and  read  a  third  time. 

The  said  bills  was  read  a  third  time,  by  unanimous  consent. 

resfilvcd.  That  they  pass,  and  that  their  respective  titles  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  said  bills. 

The  bill  authorizing  the  purchase  of  the  papers  of  Alexander 
Hamilton,  was  read  the  second  time  and  considered  as  in  Commit- 
tee of  the  Whole  ;  and  no  amendments  being  made  it  was  reported 

10  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  were  read  a  third  time  by  unanimous  consent. 

On  the  question,  "Shall  this  bill  pass?"  the  yeas  and  nays  wore 
ordered,  and  it  was  determined  in  the  affirmative,  as  follows  : 

YEAS. — Messrs.  Atchison,  Badger,  Bell,  Be-rien,  Cameron,  CiarJie,  t'rittenden 
Davis,  of  Massachusetts,  Downs.  Greene,  Hannegan,  Maiigom,  Mason,  Miller,  Moor, 
Pearce.  Phelps.  Spruance,  Upham. — til. 

NAYS.— .Messrs.  Ashley,  Benton.  Calhoun,  Davis,  of  Mississippi,  Felch,  Hale, 
JAinson.of  Georgia,  Lewis,  Niles,  Turney,  Underwood,  Weslcolt. 

So  it  was 

Rrsotved,  That  this  bill  pass,  and  that  the  title  thereof  be  as  aforeiaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  on  this  bill. 

The  joint  resolution  for  the  relief  of  Clements,  Bryan  and  Com- 
pany, was  read  the  second  time  and  considered  as  in  Committee 
of  the  Whole  ;  and  no  amendment  being  made  it  was  reported  to 
the  Senate. 

Ordered,  That  it  be  engrossed  and  read  r.  third  time. 

On  motion. 

The  Senate  adjourned. 


493 


TETITIONS— RESOLUTIONS,  ETC, 


[Monday, 


MONDAY,  APRIL  17,  1848. 


EEEOLUTIONS   OP    STATE   tEGISLATCBES. 

Mr.  RUSK  presented  a  resolution  adopted  by  the  Lepislaluro 
of  ilic  State  ol  Tcxa=,  instructing  ilie  Senators  and  requesiins  the 
Represeniatives  ol  iliat  Stale,  in  C'onarcss,  to  use  their  oflrDrls  in 
favor  oT  the  passage  of  a  law  to  extend  the  jurisdiction  of  Texas 
over  one  hall  of  Sahine  Pass,  Luke  and  river;  which  was  laid 
upon  the  table  and  ordered  to  be  printed. 

Also,  a  resolution  of  said  Legislature  instruetins  the  Senators 
and  rrqu'^siing  the  Representatives  of  that  State,  in  Congress,  to 
uso  their  efforts  in  favor  of  the  passage  of  a  law  establishing  a 
chain  of  military  posts  in  advance  of  the  setfletncnis  between  Ked 
River  and  the  Kio  Grande,  and  relative  to  intercourse  with  the 
Indians  of  that  State;  which  was  referred  to  the  Comiuitlee  on 
Indian  Affairs  and  ordered  to  be  printed. 

Mr.  ALLEN  presented  a  resolution  passed  by  the  Legislature 
of  the  State  of  Ohio,  in  favor  of  the  construction  of  a  railroad  from 
Lake  Michigan  to  the  Paoifio  ocean,  upon  the  plan  of  Asa  Whit- 
cey;  which  was  laid  upon  tho  table  and  ordered  to  be  primed. 

Mr.  DIX  presented  the  petition  of  Dennis  Harris,  praying  a  re- 
turn of  iho  duties  paid  on  certain  sugars  dest;oyed  by  tire  in  the 
city  of  New  York;  which  was  referred  to  tho  Committee  on  Fi- 
nance. 

« 

Mr.  ALLEN  presented  a  petition  of  citizens  of  Mercer  countv, 
Ohio,  |)raying  that  non-commissioned  officers,  privates,  and  musi- 
cians, who  have  been  promoted  to  the  rank  of  commissioned  offi- 
•ei's  befere  the  expiration  of  their  term  of  service,  may  be  eniit'ed 
to  bounty  land;  which  was  referred  to  tho  Committee  on  Military 
Affairs. 

Also,  the  memorial  of  a  committee  of  editors  of  democratic  news- 
papers in  Ohio,  praying  such  a  modification  of  the  present  postage 
law  as  will  permit  newspapers  to  be  transported  in  the  mails,  free 
of  postase,  lor  adisiance  of  thirty  miles  from  the  place  ol' publica- 
tion; which  was  referred  to  the  Committee  on  the  Post  Office  and 
Post  Roads. 

Also,  a  petition  of  citizens  of  Ohio,  praying  such  an  amendment 
of  the  laws  regulaiing  tho  rates  of  postcige  as  will  permit  news, 
papers  to  be  sent  free  of  postage  to  tho  distance  of  thirty  miles 
from  the  place  of  publicaiion,  or  to  any  place  within  the  couniy 
whorBthe  same  sh.ill  he  piibli-.hed;  which  was  referred  to  the  Com- 
initiee  on  iho  Post  Office  and  Post  Roads. 

Also,  two  memorials  of  citizens  of  Ohio,  praying  a  grant  of  land 
for  the  construction  of  a  railroad  from  Lake  Michigan  to  the  Pa- 
li fio  ocean,  upon  the  plon  of  Asa  Whitney;  which  were  laid  upon 
tbs  table. 

Mr.  DOWNS  presented  the  petition  of  Thomas  W.  Chinn  and 
MicHJah  Courtney,  on  behalf  of  themselves  and  others,  piaying  to 
be  released  frum  the  payment  of  a  portion  of  a  judgment  rendered 
agiiiiibt  them  as  sureties  of  Thomas  Gibhs  Morgan,  late  collector 
ol  tho  revenue  for  the  port  of  New  Orleans. 

The  petition  was  referred  to  the  Committee  of  Claims  and  or- 
dered to  be  printed. 

Mr  CAMERON  presented  twenty  memorials  from  citizens  of 
Phil  ulelpliia,  complaining  of  the  monopoly  of  the  Camden  and  Am- 
boy  Railroad  and  Delaware  and  Raiitan  and  Canal  Companies, 
and  piaying  as  a  remedy  the  construction  of  a  railroad,  to  be  used 
as  a  post  road,  through  the  State  of  New  Jersey;  which  were  re- 
ferred to  the  Committee  on  the  Post  Office  and  Post  Roads. 

Also,  the  petition  of  Benjamin  Miller,  a  soldier  of  the  revolu- 
tionary war,  praying  a  pension  ;  which  was  referred  to  the  Com- 
mittee on  Revolutionary  Claims. 

Mr.  RUSK  presented  the  moinorial  of  John  Baldwin,  praying 
the  payment  of  a  sum  ol  money  due  him  by  the  government  under 
n  contract  for  supplying  pork  for  tho  use  of  the  Navy,  and  com- 
pensatinn  for  losses  sustained  in  executing'  his  contract  ;  which 
was  referred  to  the  Committee  on  Naval  Affairs. 

Mr.  WESTCOTT  presented  the  petition  of  John  Campbell 
and  Company  prayinL:  compensation  for  subsisleneo  furnished  to  a 
company  of  Florida  volunteers  while  in  the  service  of  the  United 
States  I  which  was  referred  to  tho  Committee  on  Military  Affairs. 

Mr  PUF.LPS  presented  the  memorials  of  citizens  of  the  United 
Stated  praying  the  purchase  of  Moiin-,  Vernon  by  the  government  ; 
which  were  referred  to  the  Committee  on  Military  Affairs. 

Mr.  JOHNSON,  of  Maryland,  |  resented  two  memorials  of  cit 
Izcnsofihe  United  States  praying  the  purchase  of  Mount  Vernon 
by  the  government  ;  which  were  referred  to  tho  Committee  on 
llilitary  Affairs. 

Also,  a  memorial  of  American  merchants  at  Rio  do  Janeiro 
and  Shipmasters  and   others,  trading  to  Brazil,  praying  that  tho 


system  of  reciprocal  treaties  may  bl^  limited  to  the  direct  trada 
with  the  countries  with  which  they  are  made. 

The  memorial  was  referred  to  the  Committee  on  Commerce. 

Also,  a  memorial  of  John  F.  Weishampcl  and  others,  praying 
the  passage  of  the  bill  now  before  Congress  inci easing  the  num- 
ber of  examiners  in  the  Patent  Office  ;  which  was  referred  to  the 
Committee  on  Patents  and  the  Patent  Office. 

Also,  the  memorial  of  the  heirs  of  Truman  Cross,  deceased, 
late  an  officer  in  ihe  army  of  the  United  States,  praying  compen- 
sation for  certain  extra  official  services  rendered  by  the  deceased  ; 
which  was  referred  to  the  Committee  on  Military  Affairs. 

Mr.  BADGER  presented  a  memorial  of  the  citizens  of  tho 
United  Slates,  praying  the  purchase  of  Mount  Vernon  by  ibo  go- 
vernment ;  which  was  referred  to  the  Committee  on  Military  Af- 
fairs. 

Mr.  CASS  presented  a  memorial  of  citizens  of  the  United 
States,  praying  the  purchase  of  Mount  Vernon  by  the  government  ; 
which  was'reierred  to  the  Committee  on  Military  Affairs. 

On  motion  by  Mr.  DIX,  it  was 

Ordered.  That  Zebulon  Mead  have  lea\9  to  withdraw  bis  peti- 
tion and  papers. 

On  motion  by  Mr.  CRITTENDEN,  it  was 

Ordered,  That  Henry  Child  have  leave  to  withdraw  his  petition 
and  papers. 

CHANGE  or  REFEBENCE. 

On  motion  by  Mr.  UNDERWOOD,  it  was 

Ordered,  That  the  Committee  on  Public  Lands  be  discharged 
from  the  further  consideration  of  the  petition  of  the  legal  repre- 
sentatives of  Jaques  Glamorgan,  and  that  it  be  referred  to  the 
Committee  on  the  Judiciary. 

PATENTS. 

Mr.  DAVIS,  of  Massachusetts,  from  the  Committee  on  Patents 
and  the  Patent  Office,  to  whom  was  refeired  the  petition  of  Bet. 
sey  Anderstin  and  others,  submitted  a  report  accompanied  by  a  bill 
authorizing  the  renewal  of  a  patent  for  the  benefit  of  the  widow 
and  heirs  at  law  of  Timothy  P.  Anderson,  deceased. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  DAVIS,  of  Massachusetts,  from  the  same  committee,  to 
whom  was  referred  ihe  bill  to  amend  an  act  entitled  "An  act  to 
promote  the  progress  of  the  useful  arts,  and  to  repeal  all  acts  and 
parts  of  acts  heretofore  made  fur  that  purpose,"  approved  July  4, 
1336,  reported  it  without  amendment. 

PRIVATE   BILLS. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  lor  the  re- 
lief of  Thomas  Scott,  register  of  the  land  office,  at  Chillicotho, 
Ohio,  for  services  connected  with  the  duties  of  his  office,  reported 
it  without  amendment. 

LAND  DISTRICT  IN  LOUISIANA. 

Mr.  BREESE,  from  the  same  committee,  to  whom  was  referred 
the  bill  lor  atiaehing  a  portion  of  the  north-western  Land  District, 
Louisiana,  to  the  district  north  of  Red  river,  Louisiana,  reported 
It  without  amendment. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  tho  House  of  Ropre- 

sentatives,  by  Mr.  Campbell,  their  clerk  : 

iMr,  PresiHent  :  The  House  of  Rf^piCBeiitativts  liavo  pajsed  0  bill  for  the  relief  of 
those  [>ie  emptioii  claimunls  upou  tbe  .Miami  laud^.  in  Indiana,  wlio  by  tfieir  scrvioet 
in  Ihc  .Mexican  war.  arc-  enlilled  to  houniy  land,  and  a  Joint  reioluiiou  for  the  rtllef  of 
J.  Mclvillo  Gijliks  and  otbetf;  in  whicii  they  refju  -61  tbe  concurieuce  of  the  Sanatc. 


The  joint  resolution  from  the  House  of  Represcntniive?  for  tho 
relief  of  J.  Melville  Gill'ssand_oihers,  wns  read  tho  first  and  second 
times,  by  unanimous  -consent,  and  referred  to  tho  Committee  on 
Naval  Affairs. 


April  17.] 


THE  JUDICIARY  BILL. 


499 


colt's  repeatino  fibe  arms. 

The  Senate  proceeded  to  consider  the  message  of  the  President 
of  the  United  States,  of  the  13th  inst.,  relative  to  Colt's  repeating 
fire  arms  ;  and 

On  motion  by  Mr.  RUSK,  it  was 

Ordered,  That  it  be  referred  to  the  Committee  on  Military 
AfiTairs. 

THE  CALIFORNIA  CLAIMS. 

The  Senate  resumed  the  consideration,  as  in  Committee  of  the 
Whole,  of  the  bill  for  ascertaining  and  paying  the  California 
Claims. 

The  question  pendins;  was  upon  agreeing  to  the  motion  made  by 
Mr.  M  ison,  to  recommit  the  bill  to  the  Committee  on  Military  Af- 
fairs, with  instructions. 

Mr.  BADGER  su;;s[ested  to  the  Senator  from  Virginia,  [Mr. 
Mason,]  to  modify  his"inoiion  f  recommit,  so  as  to  leave  out  the 
insiruetinns;  as  the  committee  might,  perhaps,  be  able  to  frame  a 
section  of  the  bill  so  as  to  obviate  the  objections  entertained  to  it  in 
its  present  shape. 

Mr.  M.-VSON'  acquiesced  in  the  suggestion,  and  modified  his 
motion  so  as  simply  to  recommit  the  bill  to  the  Committee  on  Mil- 
itary Affiirs;  which  was,  agreed  to. 

THE   SUPREME  COURT, 

The  Senate  proceeded  to  the  consideration,  on  its  third  readin<r, 
of  the  bill  from  theH-mse  of  Representatives,  supplemental  to  the 
act  entitled  "  an  act  conocrninsr  the  Supreme  Court  of  the  United 
States,"  approved  June  17, 1S44. 

Mr.  ASHLEY  addressed  the  Senato  at  length  in  opposition  to 
the  bill,  in  a  speech  whicli  is  given  in  the  Appendix. 

Mr.  ALLEN. — I  desire  to  make  an  inquiry  of  my  honorable 
friend.  wJietlier  I  understood  him  correctly  to  say  that  subsequently 
to  the  passage  of  the  aet  of  1S44,  there  had  been  but  one  or  two 
instances  in  which  the  judses  of  the  Supreme  Court  have  not  bald 
two  terms  in  their  respective  circuits  within  the  year. 

Mr.  ASHLEY.— That  is  what  I  stated. 

Mr.  ALLEN —.\  friend  of  mine  in  the  other  end  of  tho  capitol 
called  my  attention,  when  this  bill  wus  up  before,  to  tho  exist- 
ence of  the  act  of  1844,  which  had  escaped  my  attention,  not  being 
particularlv  connected  wiih  judicial  mailers,  and  I  inquired  ol  him 
why  it  was'  that  the  act  of  1S44,  by  which  the  judges  are  exempted 
from  half  their  duties  on  the  circuit,  was  passeil;  what  reason  was 
given  for  its  passage.  His  answer  was,  that  it  was  passed  on  the 
recommendation  of  thejudges.  or  upon  their  representation,  in  or- 
der to  enable  them  to  spend  the  timo  that  they  would  otherwise 
be  required  to  spend  in  holding  more  than  one  term  of  their  resnee- 
tive  circuit  courts  at  this  capitol,  to  clear  otf  tho  docket  of  the 
Supreme  Couit.  Thai  was  the  purpose,  as  I  understand,  for 
which  that  act  was  passed. 

Mr.  ASHLEY.— I  will  refer  the  honorable  Senator  to  a  table 
which  I  have  procured,  showing  ihe  progress  of  business  in  ihe 
Supreme  Court  for  three  years,  before  and  after  the  passing  of 
that  act.  In  1S42,  there  were  sixty-lour  cases  on  the  docket;  of 
these,  fifty-two  were  decided.  Iii  1S43,  there  were  thiriy-six 
eases  decided.  In  1S44,  at  the  January  term,  they  decided  forty- 
six  Ciisps;  and  again,  in  the  December  term — for  in  that  term  the 
act  that  has  been  referred  to  was  passed,  and  by  it  the  terms  of 
the  S'lpremc  Court  were  channel,  and  extended  about  six  weeks 
I  believe — in  the  December  term  forty-four  cases  were  decided. 
The  next  year  there  were  sixty-four  cases  decided.  In  1S4.5,  there 
were  fil'iy-ihree;  and  in  1S46,  there  were  forty-six  decided  In  the 
three  years  preceding  the  passage  of  the  act,  they  decided  one  hun- 
dred an  I  thirty-four  cases;  and  in  tho  three  years  following  its 
passage,  one  hundred  and  sixty-three.  The  addition  of  oiijhteen 
weeks  to  their  time  of  sitting  has  made  an  increase  of  twenty-nine 
cases  decided  by  the  court. 

Mr.  ALLEX. — I  was  induced  to  turn  my  attention  to  that  act 
because  its  existence  seems  to  be  an  ample  answer  to  those  who 
urge  the  passage  of  this  particular  bill;  for  if  the  object  of  the 
Supreme  Court  be  barely  to  do  ihe  central  duties  of  the  Su- 
premo Court  at  iliis  Capit.il,  ihey  have  it  in  their  power  to 
do  so  without  further  legislation.  What  is  their  motive,  then, 
for  not  doing  so  when  they  have  it  in  their  power?  That  is  the 
question.  Their  only  motive  for  not  doing  so  is  this — it  is  the  only 
way  of  accounting  lor  it — that  they  will  not  clear  off  the  docket 
when  they  have  it  in  iheir  power  to  do  so,  because  they  want  ihe 
cases  to  accumulate  in  order  that  this  accumulation  may  strengthen 
the  reasons  fur  dispensing  with  circuit  duties  altogether.  That  is 
the  only  reason  that  can  be  assigned  for  it.  They  want  to  get  rid 
of  circuit  duties  altogether.  Onc.half  of  the  circuit  duties  have 
been  dispensed  with  in  order  to  enable  them  to  fini>h  up  the  cases 
on  the  docket,  yet  instead  of  finishing  them  they  adjourn  at  tho 
Bnd  of  March,  eight  months  belbre  they  have  to  meet  here  again. 
Why  did  they  not  sit  here  until  the  last  of  August  and  dispense 
wiih  the  spring  term  of  the  circuit  courts  as  they  were  authorized 
to  do,  and  thus  take  time  to  conclude  their  business  here?  Sir,  if 
you  pass  a  bill  to  release  them  Irom  circuit  duties  one  vear,  the 
reasons  for  a  perpeiual  release  will  not  only  be  rendered  sironger 
by  lb«  state  of  the  docket  of  this  court,  but  also  by  the  Mate  of 


the  dockets  of  iho  circuit  courts.  The  business  of  tho  circuits 
will  accumulate  in  eonsecjuence  of  the  absence  of  thejudges  from 
their  circuit  duties.  In  tlie  course  of  one  or  two  years  the  business 
of  the  circuits  will  be  so  much  increased  that  addiiional  reason 
will  be  given  for  relieving  the  judges  from  either  circuit  or  Su. 
preme  Court  duties.  They  wdl  say  the  augmentation  of  the  cir- 
cuit duties  is  so  great  that  we  cannot  attend  at  Washington  for 
the  decision  of  cases  at  all;  and,  therefore,  you  must  cut  us  loosa 
from  circuit  duties  or  you  must  appoint  somebody  else  to  attend  at 
Washingtcn  and  perform  the  central  duties  there.  That  will  be 
the  argument  then.  They  are  preparing  evidently  for  a  division  of 
their  duiies,  and  they  know  very  well  that  if  ihey  do  not  attend  in 
the  circuits  for  a  year  or  two  the  circuit  duties  will  increase  lo 
such  an  extent  that  they  who  do  the  circuit  duties  cannot  come  to 
Washington  at  all:  and  there  must  necessarily  be  two  sets  of 
judges  to  perform  the  two  classes  of  duties.  This  is  as  plain  ai 
anvthing  can  possibly  be. 

What  is  the  argument  that  is  employed  here?  Give  these  gen- 
llenicn  one  year;  lor  what?  To  enable  them  to  pass  upon  all  iha 
cases  upon  ihe  docket  of  tho  S"preme  Court.  That  is  the  object. 
Well,  hosv  long  will  it  lake  to  do  this?  Why  at  the  rate  at  which 
they  proceeded  at  the  last  session  of  the  court  it  will  take  exactly 
three  hundred  and  twenty-six  days  to  get  through  the  docket. 
Their  progress  was  about  at  the  rate  of  one  case  in  two  davi. 
There  are  on  the  docket  one  hundred  and  sixty-three  cases  yet  to 
be  disponed  of,  and  that  will  require,  according  to  the  rale  at  which 
tliev  have  been  going  on.  three  hundred  and  twenty. six  days. 
Thev  must  sit  then  for  one  year  to  clear  off  the  docket,  ihat  v. ill 
brinfr  us  lo  May  next  year,  which  will  bo  after  Congress  shall 
have  adjourned.  The  consequence  will  be  that  whilst  Congress 
is  in  session  next  vear  wo  shall  he  told  that  the  docket  has  not  yet 
been  cleared  off,  that  there  are  still  fifty  or  sixty  cases  remaininjf 
and  that  their  exemption  from  circuit  duties  must  ba  e-Ktendtd  for 
another  year. 

There  is  no  such  spectacle  arywhere  in  these  States  or,  per- 
haps, in  the  world  as  that  exhibited  by  the  sessions  of  our  Supremo 
Court.  I  did  nnt  choose  lo  allude  to  this  matter  the  other  day, 
and  shall  only  briefly  allude  to  it  now.  The  business  of  the  Su. 
preme  Court  is  a  very  liiiiiied  business  so  far  as  the  personal  acts 
of  the  judges  are  concerned.  Every  man  that  has  ever  practised 
law  in  a  State  knows,  that  the  business  of  a  judge  in  deciding 
State  cases  consists,  in  a  great  degree,  in  plodding  f,V;'r  old  records; 
reading  depositions  and  long  bills  in  chancery,  written  in  all  man- 
ner of  handwiiiing — noting  down  authorities  out  of  this  lawyer's 
library  at  this  end  of  the  town,  and  that  lawyer's  at  lhat  end  of 
the  town — all  which  labor  he  incurs  himself.  One  half  of  '.lie  la- 
bor  of  a  State  judge  is  physical  labor.  But  how  is  it  with  the  Su- 
preme Court  ?  All  is  cut  and  dried  to  their  hands.  1  believe  that 
the  very  record  in  the  cases  which   come   up    from    the  circuits  is 

Srintcd.  The  arguments  of  the  counsel  are  primed  ;  they  aro 
rawn  up  with  brcviiv  and  precision  ;  every  authority  is  stated  ; 
the  whole  work  is  in  fact  brought  down  to  the  single  act  of  judg. 
ment.  The  ablest  counsel  in  the  United  States  are  employed  in 
the  causes,  for  we  know  that  the  rcpuiaiioii  ol  a  lawyer  ol'ien  de- 
pends upon  his  success  in  these  intellectual  conflicts  at  the  bar  of 
the  Supreme  Court,  and  thus  it  is  that  the  labor  of  the  judges  of 
the  Supreme  Court  is  exceedingly  small  when  compared  to  that 
to  which  the  judges  of  the  Stale  courts  aro  subjected.  Mne 
tenths  of  the  labni-  of  th"  State  judges  is  superseded  in  the  Su- 
preme Court  by  the  agencies  of  counsel  and  the  rules  adopted  ly 
the  court.  Here  then  are  nine  full  grown  men  selected  f.jr  tlieir 
legal  wisdom — and  thev  are  supposed  to  know  some  law  before 
tliey  are  appointed  to  this  le";al  tribunal — with  the  printed  facts  of 
the  case  belbre  them,  wiih  the  printed  references,  all  tho  authori- 
ties, and  with  the  aid  of  the  ablest  lawyers  of  ihe  countrv  upon 
each  side  to  detect  any  fallacy  or  expose  any  erroneous  authority. 
Here  then  are  these  nine  men,  with  their  arms  folded,  and  wiih 
what  sort  of  expedition  do  they  get  through  their  docket  ?  I 
have  heard  of  consultations.  Oh,  the  immense  amount  of  hum- 
bug in  this  world!  An  idea  has  gone  forth  that  every  case 
brought  to  Washington  involves  some  constitutional  question  upon 
which  the  verv  form  and  structure  of  this  government  depend.  It 
is  all  nonsense  !  Nine  tenths  of  the  eases  which  cOrae  up  here, 
are  of  the  ordinary  character  of  the  cases  which  are  argued  anti 
decided  in  the  woods  of  Iowa,  and  involve  no  constitutional  ques- 
tion whatever.  But  they  are  here — they  are  before  the  Suprem* 
Court,  and  they  cannot  be  decided  but  by  the  united  wisdom  of 
nine  men  wiih  black  gowns  on — the  gowns  forming  a  very  largo 
part  of  the  iribunal  !  These  venerable  gentlemen  come  up  lo  the 
capitol  at  eleven  o'clock  in  tho  morning  and  sit  a  lew  hours.  I 
believe  that  thev  take  Saturday  as  a  sort  of  appendage  to  ibe  Sab- 
baih,  and  as  an  additional  release  from  the  toils  and  labors  of  life. 
Now,  although  I  do  nut  wish  to  raise  any  clamor  against  iliis  tri- 
bunal, yet  I  think  it  does  not  become  us  who  are  intrusted  with 
the  aff.iirs  of  the  nation  to  lend  ourselves  to  any  such  system  as 
this,  or  to  allow  this  tribunal  to  become  a  mere  locality  of  Wash- 
ington citv,  enjoying  all  the  repose  and  dignity  of  indolcnco. 

The  House  of  Representatives  have  a  rule  whieh  1  was  always 
opposed  to.  and  shall  oppose  any  attempt  to  apply  it  to  any  legis- 
lative body,  but  which,  nevertheless,  I  regard  as  being  very  well 
adapted  to  this  judicial  Iribunal.  I  refer  lo  ihe  rule  limiting  speak- 
ing. I  would  be  opposed  i.o  it  as  a  rule  appbcable  to  a  legislative 
body,  for  two  reasons — first,  because  the  re|ircseniatives  represent 
the  people  who  should  never  have  any  resiraint  put  upon  their 
will  or  their  voice;  and.  secondiv,  because  the  question  in  a  legis- 
lative body  is  not  what  the  law  is,  but  what  it  ought  10  be;  aad 


500 


THE  JUDICIARY  BILL. 


[Monday, 


that  is  always  a  broad  question,  and  gives  room  for  large  and  ex- 
tended views.  In  a  court  of  law,  however,  the  question  is  what 
the  law  is,  and  that  cannot  be  expanded — cannot  be  enlarged — 
cannot  be  niiiltipled — because  it  is  iixed  to  a  given  point.  As  long 
as  a  man  talks  as  a  lawyer  should  talk,  confining  himself  to  the 
points  at  issue,  and  is  not  allowed  by  the  court  to  talk  about  what 
the  law  ought  to  be.  there  will  be  a  limit  to  his  speakms.  But, 
now-a-days,  this  tribunal  listens  to  a  great  deal  more  talking  as 
to  what  the  law  ought  to  bo,  than  as  to  what  the  law  is,  over 
which  alone  it  has  any  jurisdiction.  If  the  system  be  allowed  to 
continue,  it  will  require  a  dozen  such  courts  to  get  tlirough  with 
the  duty.  This  is  too  serious  a  business  to  be  regarded  as  a  mere 
matter  of  personal  favor.  If  it  were  a  matter  of  personal  favor 
merely,  I  am  as  ready  as  any  man  to  yield  it;  but  silting  here  as  a 
body,  entrusted  with  the  great  interests  of  the  nation,  we  have  no 
favors  to  confer  upon  anybody — none  whatever.  Therel'ore,  I  am 
opposed  to  this  proceeding.  I  belive  that  this  bill,  if  adopted,  will 
eventuate  in  the  destruction  of  the  court;  and  that  is  by  far  the 
greatest  good  that  is  likely  to  result  from  it — I  mean  the  destruc- 
tion of  the  present  organization  of  the  court,  which  I  believe  to  be 
radically  wrong.  I  believe  the  true  mode  of  preventing  the  evil,  is 
to  curtail  its  jurisdiction  as  to  subject  matter. 

I  contend  that  the  withdrawal  of  these  gentlemen  from  circuit 
duties  will  increase  these  duties  until  it  will  be  said,  that  we  must 
of  necessity  create  separate  and  distinct  tribunals,  one  in  the 
Slates  and  the  other  here;  in  other  words  giving  this  court  a  per- 
manent location  in  Washington. 

Mr.  CRITTENDKN. — I  am    aware  that  this  discussion  is  of  a 
very  dry  character;  and  which  even  the  great  talent  of  the  genile- 
meii  wlio   have  spoken   has   failed   to  render    particularly   inter- 
estinc;  and   I   coid'ess    that   it   is  with  reluctance  I  again  rise  to 
address   the    Senate   upon  the  subject.     Happdy,   the    objections 
which  have  been    urged  against  tlie    hill,  have  been  of   such  a  na- 
ture as  to  furnish  very  little  justilication  in  occupying  much  of  the 
time  of  the  Senate  in  replying  to  them.     The  gentlemeii  who  op- 
pose the  bill,  have   selected  questions    which    have    nothing  to  do 
with  the  suliject  before  the  Senate,  and  a  great  portion  of  their  re- 
marks has  been    addressed  to  other    tribunals.     It  would   appear, 
indeed,  from  these  remarks,  that  the  Supreme  Court  has  fallen  into 
a  condition  of  the  greatest  possible   imbecility  and   mal-practice. 
And  gentlemen  here,  tell  us,  by  way  of  manifesting  their  disinter- 
estedness and  perfect  capacity  to  judge,  that  they  never  had  a  case 
in  the  court,  and  that,  therelore,  they  have  a  right  to  rate  and   be- 
rate this  tribunal,  and  point  out  in  the  minutest  manner  the  small- 
est detads  of  mal-praciice.     To  all  that,  sir,  I  have  nothing  to  re- 
ply.    If  that  tribunal    needed  an  apologist    and  an  advocate,  it  is 
not  my  function  to  discharge  tlie  duly.     1  am  neither  the  advocate 
nor  apologist  of  that  tribimal.     It  is  not  to  vindicate  them  against 
any  such  imputations  that  I  now  stand  before  you.     I  do  not  stand 
hereto  say  that  this  liill  is  not  intended,  as  it   has  been  insinuated 
it  is,  to   be  an   "  entering  wedae"  as  it  is   called.     This  bill  came 
to  us  from  another  branch  of  the  legislature;  and  it  is  founded  upon 
a  fact  inciinteslible,  and   not   to  be  denied    by  any   one,  that  there 
has  been  I'rum    some  cause  or   anolher,  say  if  you   please,  by  the 
ncrli^cncc  ol    the  ju  igcs — such  an  accumulation    of  business,  that 
cases  now  coming   up,  cannot  be   reached  before  the  expiration  of 
three  years.     This  hill  simply  provides  a  remedy  for  this  evil.     It 
may  not  be  sutlicient  to  relievo  the  community  from  this  evil,  for, 
sir,  the  object  of  the  bd!   is  to  relieve  the   conimnnity — it  is  to  re- 
lievo public  justice   from  the   reproachful   obstructions  which  now 
exist.     That  is   the  object  of  the  bill,  and    it  furnishes    the  reason 
why  I  desire  to  sec  it  passed.     I  desire   to  say  to   these  judges — 
"  Come  back    here — you  have  left    public  business   undone — come 
back  here,  miinedlately,  and  linisli  it,  making  no  apoloiiy  about  the 
necessity  of  attendance  on  circuit  couris.    Come  here  and  finish  this 
business,  which  has  accu-nulated,  and  finish  it  within  a  year.''  That 
is  the  language  of  this  hill.     Yet  gciuh'men,  because  of  prejudice 
against  tins  court,  because  ot  errors  ascribed  to  it,  and  perhaps  to 
some  extent  justly  ascribed  to  it  ;  for  I  think  there  has  been  some 
dilatoriness   in   the  performance  of  the  duties  of  that  tribunal,   m 
consequence  of  an  amialde  fault  in  permitting  counsel  to  speak  at 
100   Treat  lenuth — liuc  geiillemen,  because  ol    prejudice  against  the 
courr,  refuse  to  grant  iliis  temporary  measure  of  relief,  which  will 
enable  the  court  to  dispose  ol   the    public  business.      And  here  let 
me  revert  to  the  complaint  to  which  I  have  just  referred,  that  the 
court  has  extended  too  great  indulgence   to  the  counsel.     Gentle- 
men have  sugcested  that  some  iiour  rule,  or  something  of  that  kind, 
should  be  applied  to  the  arguments  before  that  conn  .     These  gen- 
tlemen seem  lo  think  that  vi'itliiii  such  a  limitation  all^tlie  law  know- 
lediie   that   ci'uhl    possiblv  be  required  in  any  case  might  properly 
be  confined.     Well,  certainly  such  a  rule  might  lead  to  economy  of 
time      But  I  shmild  like  to  know   by  what  rule  gentlemen  would 
limit  all   the   politics   in   the  world.     I  should  like  to  know  what 
length  of  time  honorable  Senators  suppose  a  well  stored  poliiician 
would  require,   in    which    to  p"ur  out  all  his  treasures  of  political 
lor.'.     I  cannot  say,  no  more  than   I  would   nnderiake  to  limit  ex- 
actly the  space  and  compass  wiihin  which  the  law  and  knowledge 
of  certain  counsel  are  to  be  confined.     But,  as  I  have  already  said, 
it  is  not  ray  purpose  to   furnish  an  apology  for  the  conduct  of  the 
judges,  nor  vindicate  them  against  any  charges  which  may  be  pre- 
ferred against  them.     I  leave  them  where  I  iind  them,  to  be  judged 
of  by  tiie   country.     If  this  bill   ho   not  calculated  to  relieve  the 

country to  relieve  litigants  and  expedite  public  business  I  do  not 

desire  it  to  pass.     If  it  do,  I  trust  it  will  pass. 
The  "reat  objection  lo  this  bill  i»  directed  not   against  what  it 


does,  but  against  that  which,  in  the  imagination  of  Senators,  it 
may  be  connected  with  hereafter.  It  is  supposed  that  this  bill 
will  hereafter  cut  the  judges  off  from  all  circuit  duties.  Now,  is 
this  a  fair  deduction  from  the  bill  itself?  If  the  bill  ever  have  such 
a  result,  it  will  be  because  the  Senate  so  decides,  and  not  because 
of  the  bill  itself  If  there  is  any  danger  of  such  a  decision  on  the 
part  of  the  Senate,  it  is  neither  increased  nor  diminished  by  this 
bdl.  It  is  objected,  however,  that  if  the  court  be  confined  to  the 
discharge  of  its  duties  here,  an  additional  number  of  appeals  will 
come  up  from  the  circuit  courts,  making  the  docket  as  much 
loaded  as  if  things  continued  as  they  are  at  present.  All  this, 
mark  you,  sir,  in  the  face  of  the  allegation,  that  the  release  of  the 
judges  from  one  circuit  in  the  year  should  have  enabled  them  to 
dispose  of  the  business  of  the  Supreme  Court !  But  when  it  be- 
comes necessary  to  the  argument  of  gentlemen,  the  non-attendance 
of  the  judges  in  the  circuits  is  presented  as  an  objection  to  the  bill, 
on  the  ground  that  it  will  lead  to  an  accumulation  of  business. 

I  confess  that  I  have  been  greatly  surprised  at  the  apprehen- 
sions which  seem  to  have  been  excited  by  this  biU.  All  the  evil 
consequences  which  have  been  spoken  of,  have  been  attributed 
arbitrarily,  and  the  more  so  because  every  gentleman  favorable  to 
the  bill,  has  again  and  again  disclaimed  any  such  objects  or 
designs.  It  is  a  measure  of  very  little  consequence  after  all. 
It  merely  aims  at  the  correction  and  prevention  of  an  existing 
evil.  It  may  prove  more  or  less  adequate.  I  believe  that  it  will 
be  sutlicient.  I  think  that  we  have  every  reason  to  apprehend 
that  the  respectable  gentlemen  who  constitute  that  court,  will 
come  back  here,  under  this  mandate  of  Congress,  and  accomplish 
the  work,  willingly  profiting  by  the  lessons  which  have  been  read 
to  them  here,  and  determined  to  curtail  all  improper  prolixity  of 
discussion  before  them,  and  which  I  am  sure  cannot  bo  more  tedi- 
ous and  irksome  to  any  others  than  themselves.  I  do  hope,  then, 
that  when  this  matter  is  coolly  and  dispassionately  viewed — when 
the  utter  want  of  any  serious  excuse  for  the  tocsin  of  alarm  that 
has  been  sounded  here,  must  be  admitted,  that  there  will  be  no 
longer  any  objection  to  the  adoption  of  this  experiment  for  the 
removal  of  an  acknowledged  evil. 

Mr.  BUTLER. — I  reluctantly  rise  to  make  a  very  few  remarks 
at  this  stage  of  the  debate  on  this  bill,  but  really  I  cannot  sit  pa» 
tiently,  and  hear  a  respectable  body  of  gentlemen,  constituting 
one  of  the  departments  of  this  government  made  the  subject  of 
denunciation  and  invective,  without  at  least  raising  my  voice  to 
vindicate  them  against  unmerited  and  gratuitous  censure. 

Let  us  look  at  the  fae.s  in  this  case.  In  3844  there  were  fifty- 
five  cases  despatched.  In  1847  we  find  one  hundred  and  thirty- 
six  on  the  docket.  Now,  is  the  Supreme  Court  responsible  for 
this  accumulation  of  business  ?  Are  we  to  require  them  to  des- 
patch one  hundred  and  thirty  six  cases  in  three  months,  when 
they  were  able  in  the  same  period  to  despatch  only  fiftv-five  cases? 
But  the  gentleman  from  Ohio,  proceeds  farther,  and  assuming  that 
this  tribunal  is  an  institution  inconsistent  with  the  constitution  of 
the  United  States,  he  contends  that  it  ought  to  be  broken  down, 
and  attempts  to  cast  ridicule  on  a  respectable  body  of  gentlemen. 
More  than  thai,  the  Senator  from  Ohio  arraigns  the  motives  of 
the  judges.  Ho  has  deliberately  alledged,  that  it  is  the  design  of 
the  members  of  the  Supreme  Court  of  the  United  States,  to  aggra- 
vate the  evil  of  a  crowded  docket  to  such  an  extent,  that  Congress 
will  be  forced  into  the  necessity  of  reorganizing  a  supreme  appel- 
late court,  having  no  connexion  with  circuit  jurisdiction.  Is  it 
possible  that  gentlemen  acting  under  as  high  responsibility,  and 
deep  a  sense  of  that  responsibility  as  any  member  of  this 
bodv,  can  be  actuated  by  such  motives  ?  I  do  not  believe 
that  such  a  design  can  possibly  be  entertained.  It  is  quite 
easy,  however  to  direct  against  a  tribunal  of  this  character,  in- 
vested with  certain  aristocratic  attributes,  invective  which  may 
not  be  without  popular  eflfect.  But  I  am  quite  convinced  that  the 
judges  of  that  court  have,  to  the  best  of  their  ability,  discharged 
their  duties  so  as  to  subserve  the  great  ends  of  the  institution  of 
that  tribunal.  The  closeness  with  which  they  attend  to  the  duties 
of  the  court,  is  an  evidence  of  their  fidelity.  They  go  into  court 
at  eleven  o'clock  in  the  morning,  and  sit  till  four  o'clock.  At  fivo 
they  go  into  consultation,  in  which  they  frequently  continue  till 
nine  or  ten  at  night. 

Mr.  JOHNSON,  of  Maryland.— (In  his  scat.)  Often  till 
eleven  at  night. 

Mr.  BUTLER. — Next  morniuir  the  judges  go  to  the  library, 
for  the  purpose  of  examining  authorities.  But  why  shouH  I  en- 
ter inio  any  detail  of  the  labors  of  these  judges,  when,  to  all  ac- 
quainted with  the  nature  of  their  judicial  avocations,  the  arduous 
character  of  it  must  he  well  known?  But  the  judges  wear  black 
gowns,  and  because  they  thus  adhere  to  the  ancient  usage,  they 
are  made  the  subject  of  ridicule  and  contempt  !  From  tlie  very 
nature  of  the  tribunal,  the  members  of  it  must,  in  some  measure, 
be  separated  from  the  )ieop!e;  and  that  is  seized  upon  for  the  pur- 
pose of  exciting  popular  odium.  Now,  sir,  if  there  is  anything 
on  earth  that  I  particularly  venerate,  it  is  an  independent  judicial 
tribunal?  Ii  is  the  independence  of  this  court,  and  its  elevation  above 
the  reach  of  popular  aspirants,  that  secures  to  it  the  confidence  of 
all.  When  the  day  comes  in  which  a  supreme  judicature  will  bo 
forced  to  maintain  itself  by  declaiming  to  the  populace  from  the 
court-house  door,  or  by  resorting  to  newspapers,  or  any  other 
mode  in  which  those  that  aspire  to  public  ofhce  seek  the  attain- 
ment of  their  ends,  I  shall  regard  the  liberties  of  the  country  and 
the  rights  of  the  people,  especially  the  rights  of  the  poor  and  bum- 
ble, as  sacrificed  niij  destroyed.     I  repudiate  all  ideas  of  making 


April  17.J 


THE  JUDICIARY  BILL. 


501 


this  tribnnal  elective  by  the  people.  Is  it  to  be  supposed  that  by 
making  those  judges  elective,  voii  will  confer  upon  them  the  capa- 
city to  decide  one  hundred  ana  fifty  cases  in  three  months,  when 
four  years  ago  it  was  found  impossible,  with  the  utmost  diligence, 
to  decide  more  than  fifty-five?  I  may  be  permitted  to  remark  that 
while  denouncing  the  present  system,  gentlemen  have  perhaps 
had  m  view  some  project  of  establishmg  a  separate  court  of  ap- 
pea's  on  the  Mississippi;  and  others  entertaining  the  idea  that  the 
judges  shall  be  made  elective. 

As  to  the  allegation  that  the  judges  have  permitted  a  waste  of 
time  by  idle  discussion,  I  would  remark  that  it  is  very  easy  to 
suggest  here,  rules  of  action  to  govern  the  conduct  of  the  judges,  in 
limiting  counsel  in  the  course  of  argument.  For  myself.  I  regard 
it  as  one  of  the  most  sublime  principles  to  be  found  anywhere  that 
no  man  is  to  be  condemned  without  hearing,  and  it  is  a  principle 
incident  to  our  institutions  that  both  sides  should  have  a  fair  hear- 
ing. Justice  is  not  to  be  sacrified  to  mere  despatch  of  business. 
I  believe,  indeed,  that  there  was  a  Virginian  judge  who  was  ac- 
customed to  say  that  he  could  deoide  a  case  better  after  hearing 
one  side.  Perhaps  his  ideas  of  prompt  administration  of  justice 
would  suit  those  gentlemen  who  insist  so  rigidly  upon  the  des- 
patch of  cases  in  the  Supreme  Court,  by  curtailing  the  arguments 
of  counsel. 

For  myself,  I  do  not  fear  any  of  those  evils  which  gentlemen 
seem  to  apprehend,  as  inevitably  to  follow  from  even  a  temporary 
separation  of  the  judges  of  the  Supreme  Court  from  the  circuit  du- 
ties. I  do  not  at  all  believe  that  this  court  is  likely  in  such  circum- 
stances to  grow  up  into  a  central,  irresponsible  despotism.  Not 
at  all.  There  is  little  danger  to  be  apprehended  to  the  liberties 
of  the  country  from  any  such  source.  The  Supreme  Court,  in  my 
opinion,  ought  to  be  a  court  of  law,  in  contra-distinction  to  the  cir- 
cuit courts,  which  must  necessarily  bo  governed  more  or  less  by 
the  popular  will,  for  juries  will  mould  their  decisions  to  the  popu- 
lar feelings.  But  the  Supreme  Court  of  appellate  jurisdiction, 
ought  to  be  in  the  highest  and  fullest  sense  of  the  term,  a  court  of 
law.  The  evils  which  some  gentlemen  appear  to  apprehend  from 
the  passage  of  this  bill,  I  regard  as  altogether  imaginary. 
It  is  because  I  desire  to  preserve  the  present  svstem  in  all  its  effi- 
cacy, that  I  advocate  the  present  measure.  We  must  take  one  of 
two  alternatives.  But  the  Senator  from  Arkansas  says,  that  if  wo 
adopt  this  measure,  the  appeals  from  the  circuit  courts  will  be  mul- 
tiplied in  consequence  of  the  absence  of  the  judges  of  the  Supreme 
Court.  Well,  I  have  always  understood  that  the  most  effectual 
method  of  preventing  the  multiplication  of  appeals  was  to  keep 
down  the  appeal  docket.  When  the  docket  is  crowded,  the  ap- 
peals to  stay  judgment  will  be  numerous.  Many  of  the  a'ppcals 
made,  have  no  other  object  than  to  obtain  delay,  and  that  is  de- 
feated when  the  cases  can  be  taken  up  and  despatched  promptly. 
If  the  docket  then  be  discharged,  the  number  of  new  appeals  will 
be  diminished.  In  the  meantime,  it  is  also  to  be  remarked,  the  cir- 
cuit court  business  is  not  suspended.  The  district  judges  will  be 
required  to  discharge  some  of  the  duties  of  the  circuit  judge.  But 
the  Senator  from  Arkansas  says,  that  the  district  judges'  are  old 
and  imbecile.  He  says  that  they  have  not  enough  to  do,  and  they 
become  incompetent.  Well,  then,  this  bill  will  give  them  some 
mental  exercise — some  salutary  employment.  It  is  very  likelv  that 
the  remark  of  the  gentlemen  is  to  some  extent  quite  true.  Why  ? 
Because  the  Presidents  of  the  United  States  are  in  the  habit  of  se- 
lecting political  favorites,  under  the  influence  of  the  popular  will, 
as  district  judges;  instead  of  resorting  to  the  ranks  of  able  and  ex- 
perienced lawyers,  who  may  perhaps,''have  nothing  to  reoorameDd 
them  but  their  competency  for  the  office. 

I  repeat,  sir.  that  I  am  in  favor  of  this  bill,  because  it  will  rem- 
edy an  acknowledged  evd— prevent  the  multiplication  of  appeals  by 
discharging  the  docket,  and  thus  remove  one  strong  tempiation 
to  bring  up  new  causes,  for  the  purpose  of  delav — and'prescrve  the 
admirable  system  of  our  supreme  judicature,  in  all  its  efficiency 
and  value.  It  was  not  ray  wish  to  go  into  the  discussion  of  any 
topics  foreign  to  the  subject  before  the  Senate,  but  I  was  compell- 
ed to  do  so,  from  the  denunciations  which  had  been  uttered  against 
the  judges,  by  way  rather  of  showing  ofi"  the  rhetorical  powers  of 
gentlemen,' than  of  offering  solid  objections  to  the  nassan-e  of 
the  bill.  -  J  1-        o 

Mr.  ALLEN. — I  did  not  introduce  this  subject  here.  The 
court  introduced  itself  to  the  Senate;  and  having  done  so,  the  Sen- 
ate has  a  right  to  look  at  the  court  and  to  inquiie  into  the  reasons 
why  It  has  introduced  itself  here.  It  is  said  that  we  assail  the 
court.  That  was  not  my  intention  I  assail  only  the  reasons 
given  for  the  exemption  of  the  court  from  a  portion  of  its  le"al 
duties.  ° 

Mr.  BUTLER. — I  ask  the  gentleman  whether  he  did  not  say 
distinctly,  that  he  believed  it  to  be  the  design  of  the  court  to  suffer 
business  to  accumulate,  and  not  despatch  it  for  the  purpose  of  effect- 
ing a  permanent  separation  from  the  duties  of  circuit  court  juris- 
diction ?  •' 

Mr.  ALLEN.— I  did  say  that,  and  I  repeat  it. 

Mr.  BUTLER.— Very  well. 

Mr.  ALLEN.— I  cite  the  law  of  the  land  in  proof.  Their  arcu- 
ment  for  the  bill  now  before  us  is,  that  it  is  necessary  that  they 
should  be  exempted  from  circuit  duties  in  order  to  clear  oflT  the 
docket  here.  That  is  the  argument.  Well,  I  believe  that  by  the 
law  of  the  land  they  are  already  exempted,  and  have  been  exempted 
for  three  years,  from  all  their  circuit  duties,  with  the  exception  of 
the  one  term  of  the  circuit;  and  yet,_notwithstanding  that  excep- 


tion, and  when  in  the  last  of  March  Jthcy  had  it  in  their  power  to 
postpone  the  spring  circuit  throughout  the  Union,  and  proceed 
with  the  docket  of  the  Supreme  Court,  silting  here  until  the  first 
of  August,  they  adjourned  on  the  first  of  March,  to  hold  the  State 
courts.  They  have  had  then,  for  three  years,  the  means  of  doing 
all  thai  they  now  ask  permission  to  do.  Why  have  they  not  availed 
themselves  of  the  exemption  from  circuit  duties,  which  has  been 
already  given  them  by  law  ?  Ehe  object  of  the  act  of  '44  was  to 
enable  them  to  sit  longer  at  Washington  and  complete  the  business 
of  the  Supreme  Court.  I  ask  why  they  have  not  complied  with 
that  law  ?  I  see  no  other  reason,  then,  why  they  should  desire  the 
exemption  which  this  bill  proposes  to  give,  than  to  get  rid  of  the 
remaining  circuit  term. 

But  the  honorable  Senator — who  is  I  know  a  much  better  lawyer 
than  I  am ,  understands  all  these  details  of  legal  business  very  well — 
seems  to  arraign  me  for  a  suggestion  which  I  made  the  oilier  day 
as  to  the  mode  in  which  these  judges  are  appointed.  Now  it  is 
very  well  when  we  undertake  to  argue  a  point,  that  we  make  the 
close,  consistent  with  the  beginning  of  the  argument.  I  will  take 
the  reason  given  by  the  honorable  Senator  from  South  Carolina  at 
the  close  of  his  speech,  as  amply  sufficient  to  sustain  the  argu- 
ment to  which  that  speech  was  intended  as  an  answer.  The  ap- 
pointing power  of  these  judges  he  alledges,  proceeds  upon  political 
and  party  considerations,  and  overlooks  the  great  legitimate,  and, 
what  ought  to  be  the  paramount  consideration  of  the  interests  of 
the  nation,  and  therefore  that  the  judges  are  not  competent.  Now 
if  that  argument  be  good,  the  conclusion  is  obvious  that  the  ap- 
pointing power  seould  be  taken  away  from  the  agent  who  abuses 
it,  and  lodged  somewhere  else.  According  to  the  Senator's  argu- 
ment, the  President  errs  in  making  the  selection,  and  the  Senate 
in  confirming  it.  The  President  and  Senate  then  arc  not  ihe  authority 
from  whence  these  judges  should  derive  their  political  existence. 
If  that  fact  be  so,  I  say  then,  go  to  the  people,  and  I  will  measure 
the  strength  of  the  argument  with  the  Senator  by  reference  to  the 
recorded  history  of  the  country.  1  undertake  to  assert,  that  the 
people  who  appoint  the  President  have  been  wiser  in  their  choice, 
than  the  President  has  been  in  his  selection  of  judges.  The  peo- 
ple have  selected  more  able  men  in  proportion  to  the  number,  than 
the  Executive  power  in  its  appointments  to  the  bench.  The  first 
selection  ever  made  by  a  great  people,  scattered  extensively  over 
a  vast  country,  was  the  best  ever  made.  The  very  first  exercise 
of  the  power  of  a  great  people,  in  the  selection  of  their  first  ofTi- 
oer,  was  made  in  favor  of  that  man,  whom  we  all  feel  pride  in 
calling  the  "Father  of  his  Country."  We  have  had  some  eight  or 
nine  Presidents  since,  and  notwithstanding  what  may  be  said  of 
the  political  views  of  the  men  who  have  occupied  that  chair,  i( 
must  be  acknowledged  on  all  hands,  that  in  intellectual  strength 
and  general  ability,  they  have  been  amongst  the  most  distinguished 
men  that  ever  held  power  in  the  world.  They  were  selected  by 
the  people  too  in  circumstances  exciting  in  a  high  degree,  and  cal- 
culated— if  anything  could  give  popular  passion  too  gieat  an  as- 
cendancy— to  give  an  improper  bias  to  the  judgment  of  the  peo- 
ple. But  wc  have  only  to  turn  to  those  States  in  which  the  judges 
are  •'lected,  in  order  lo  obtain  conclusive  evidence  of  the  fact  that 
the  people  would  select  far  abler  men  than  the  Executive. 

We  have  two  sorts  of  law  in  this  country — one  called  common 
law  and  the  other  equity.  The  equity  jurisprudence  exerted  by  our 
courts  is  intended  to  supply  the  imperfections  of  the  common  law, 
arising  from  'he  fact  that  that  common  law  has  originated  under 
the  arbitrary  impositions  offeree  in  the  form  of  the  feudal  system, 
and  is  defeelive  in  its  abstract  justice,  so  as  to  make  it  necessary 
to  call  in  the  aid  of  civil  law.  Whence  do  we  derive  that  civil  law? 
Whence  did  Europe  derive  it  ?  It  came  from  ancient  Rome  and 
its  original  principles  were  laid  down  and  executed  by  judges 
elecied  only  by  the  Roman  people.  That  civil  law  constitutes  a 
body  of  jurisprudence,  compared  with  which,  all  the  rubbish  of  the 
English  common  law  is  nonsense.  That  law  is  founded  in  the 
eternal  principles  of  justice.  Ethics  pervade  the  whole  system 
and  not  the  arbitrary  institutions  imposed  by  a  barbarous  people. 
Till  this  day,  that  law  holds  its  place  in  France  amongst  the  most 
enlightened  of  the  European  nations — in  one  of  the  States  of  this 
Union  to  a  great  extent,  and  even  amidst  the  common  law  of 
England  as  we  have  if  in  England,  and  as  we  have  it  here.  And 
yet  that  civil  law  was  laid  down  by  judges  elected  amid  the  shouts 
of  the  Roman  people,  and  that  annually  too — before  the  people 
had  newspapers  to  read,  before  they  had  a  press  to  aid  them  .' 
Such  was  the  work  accomplished  under  that  dreaded  influence  of 
popular  opinion  to  which  the  Senator  from  South  Carolina  ad- 
verts— a  work  performed  with  such  precision  and  knowledge  of 
the  principles  of  justice,  that  it  has  outlived  for  ages  the  military 
power  which  sustained  the  empire  and  the  empire  itself. 

I  am  not  afraid  then,  that  to  the  great  tribunal  of  the  people 
should  be  confided  the  election  of  the  judges.  We  are  not  with- 
out examples  of  an  elective  judiciary.  I  think  Mr.  Jefferson 
speaks,  in  one  of  his  letters,  of  a  judge  in  one  of  the  New  Eng- 
land States  elected  fifty  years  successively,  notwithstanding  all 
the  vibrations  of  public  opinion.  If  the  Supreme  Court  were 
made  elective,  candidates  lor  its  bench,  would  of  necessity,  be 
men  of  the  highest  legal  reputation,  and  the  most  exalted  charac- 
ter. Only  such  men  would  be  heard  of  at  all  as  candidates  for 
that  office.  In  the  States  that  is  the  case.  A  man  must  have 
attained  great  eminence  in  his  profession,  before  his  name  becomes 
sufficiently  known  to  make  him  a  candidate,  with  any  reasonable 
prospect  of  success.  Another  reason  presents  itself  in  favor  of  the 
popular  choice  of  judges.  Every  selected  tribunal  may  have  per- 
sonal interests  hostile  to  the  interests  of  the  cation.    It  may  seek 


THE  JUDICIARY  BILL. 


502 
I 

personal  ends  inconsistent  with  the  public  good,  but  that  is  im- 
possible in  the  case  of  a  tribunal  clmsen  by  tiie  people.  And  the 
reason  is  obvious.  The  interests  of  the  nation,  and  those  of  the 
tribunal  chosen  by  the  people  must  bo  one.  My  Iriend  from  South 
Carolina  is  greatly  m'staken  if  he  supposes  thai  the  people  would 
attempt  to  influence  judicial  decisions.  There  is  an  extreme  sen- 
sitiveness on  that  very  subject  in  the  minds  of  the  people.  Hence 
it  IS.  that  in  this  country  the  singuhir  and  cratifyinE;  spectacle  is 
exhibited  ol  judges  going  into  the  remotest  wildernets  unattended, 
unguarded,  and  administering  the  law  with  perfect  seeuriiy — 
their  julgmenls  respected,  and  their  decisions  acquiesced  in  with- 
out a  murmur.  This  arises  from  the  fact,  that  every  man  in  the 
United  States  knows  that  he  has  the  making  of  the  law  in  his  own 
hands,  and  that  he  viho  pronounoes  judgment  is  the  agent  of  his 
own  seleciion,  subject  to  constitutional  restriction  in  the  administra- 
tion of  his  high  office. 

Mr.  FOOTE. — I  regret  to  feel  compelled  to  detain  the  Senate 
with  a  remark  or  two,  qnite  necessary  to  be  made  in  order  to  have 
my  own  course  in  regard  to  tiie  measure  under  consideration  cor- 
rectly understood.  When  this  bill  made  its  first  .ipiiearance  before 
us,  1  was  altogether  fiivorabic  to  its  passage.  I  regarded  it  as  a 
proposition  not  intended  to  etfect  any  serious  change  in  our  judi- 
ciary system,  but  designed  to  supply  a  remedy  for  an  evil  alto- 
gether temporary.  Whilst  the  debate  which  it  called  forth  was  in 
progress,  1  was  much  startled  by  suggestions  made  by  more  than 
one  Senator  that  the  bill  was  designed  as  an  entering  wedge  to  a 
complete  and  radical  subver.sion  of  the  existing  judicial  system, 
and  the  substitution  of  another  which  seemed  to  me  to  be  reason- 
ably subject  to  the  many  and  strong  objections  urged  by  several 
gentlemen  of  this  body.  The  new  plan  thus  intenilcd  to  take  the 
place  of  the  old,  was  one  which  would  limit  the  Judges  of  the 
Supreme  Court  hereafter  to  the  performance  of  such  dutii'S  exclu- 
sively as  appertain  to  an  appellate  tribunal,  and  would  preclude 
them  from  the  exercise  of  all  authority  as  mere  circuit  judges. 
For  all  the  reasons  so  forcibly  stated  by  various  learned  Senators, 
and  which  I  shall  not  now  repeat,  I  regarded  it  as  quite  important 
that  the  Judges  of  the  Supreme  Court  should  still  remain  Circuit 
Judges,  and  that  to  relieve  them  from  tf.e  necessity  of  presiding 
in  the  Circuit  Courts  might  and  would  probably  be  attended  with 
the  worst  possible  efl'ects.  That  such  a  fundamental  organic 
change  was  designed  or  contemplated  was  stoutly  denied  by  those 
who  favored  the  bill,  and  the  very  idea  seemed  to  be  scouted  as 
utterly  unfounded  and  ridiculous.  It  so  happened  though,  whilst 
the  discussion  was  still  proceeding,  that  a  printed  argument  in 
support  of  the  bill  was  placed  in  my  hands,  which  seems  to  have 
been  laid  upon  the  tabic  of  almost  every  member  of  this  body, 
urging  the  passage  of  the  bill  chiefly  and  mainly  upon  the  ground 
that  it  was  palpably  unconstitutional  to  require  of  ihe  Supreme 
Court  Judges  the  perlbrmance  of  duties  other  than  appellate. 
This  printed  argument,  whether  marked  with  the  hichest  ability 
or  not  1  will  not  undertake  to  decide,  was  evidently  prepared  with 
singular  care,  and  manifests  cxtianrdinary  zeal  in  behalf  of  the  pro- 
posed chance.  I  will  presently  read  some  extracts  from  it,  in  order 
to  show  that  I  am  not  in  error  in  regard  to  the  character  of  the  doc- 
ument, or  the  objects  of  its  author  or  authors,  for  the  name  of  those 
concerned  in  its  preparation  may,  for  aught  I  know  to  the  contrary, 
be  legion.  At  this  moment  I  will  only  say,  that  what  I  thus  heaid 
and  read  had  theeflcct  of  alarming  my  mind  as  to  ulterior  results,  and 
I  resolved  to  vote  against  the  measure.  It  was  defeated;  after  which 
more  than  one  honored  friend  among  those  who  advocated  the  bill  ur- 
ged me  warmly  to  move  its  reconsideration,  alleging  as  a  reason 
for  doing  so,  that  there  was  not  a  full  Senate  when  tlie  final  vote 
had  been  taken,  as  there  would  have  been,  had  any  serious  appre- 
hension been  entertained  as  to  its  ultimate  passage.  This  appli- 
cation I  could  not  in  courtesy  refuse,  and  did  tlierefore  move  «  re- 
consideration of  the  question  of  rejection,  which  motion  prevailing 
the  present  discussion  has  taken  pi  tee.  I  am  now,  sir,  as  much 
and  even  more  opposed  to  the  bill  than  I  was  originally,  nothing 
having  been  said  here  to-day  that  has  in  the  lea.st  degree  dispelled 
my  fears  as  to  the  effects  likely  to  arise  from  its  ad'>ption  ;  though 
I  certainly  give  due  credit  to  Senators  who  disclaim  any  desire,  so 
far  as  they  are  individually  concerned,  that  any  such  radical  change 
in  the  judicial  system  should  occur  as  that  alluded  to. 

And  now,  sir,  having  vindicated  my  own  consistency.  I  hasten  to 
call  the  attention  of  the  Senate  to  the  printed  argument  referred  to, 
and  beg  leave  to  read  only  a  few  extracts  in  order  to  show  that  I 
cannot  be  in  error  toiicliing  its  true  character.  On  the  first  pace 
of  the  document  in  question,  after  noticing  the  severe  labors  of  the 
Supreme  Court  judges,  the  argument  proceeds  thus  : 

"  Ttie  exi^tin^'joiiiciary  system,  intrinsicftllv  dcfeclivr.  anil  nt-ver  properly  adapted 
to  tlieexu-ndedletritory  and  prospeclive  jiojiulousne-is  of  our  country,  has  only  find  its 
iolierent  vices  expoieit  by  ilie  natural  and  inevitable  ,iro<;rpss  of  causes  and  events, 
wliose  influence  iiiiglit  liave  been  fbieseen  from  ttie  i)eginninp. 

"  In  piiy^ici,  in  elides,  in  polities,  and  in  legislation,  a  fruitful  source  of  error  and 
miscliiof  will  always  l)e  found  in  altempts  to  eslablish  analogies  or  draw  conclusions 
from  thmffi  wliicli  Itave  no  natural  similitude,  no  common  cliaracler  or  principle.  A 
striking  illustration  of  tiiis  position  is  seen  in  the  orfranization  of  our  judiciary  system 
npon  a  model  wliolly  inapposite,  when  we  consider  the  s|diere  in  wliich  that  system 
was  desij^ried  to  operate,  lis  authors  no  doubt  had  tlieir  eyes  ujion  the  judirei  in  Eng- 
land going  upon  their  eireuitt  at  viBi  priitr,  and  returning  lo  act  eollecliyely  in  bank  ; 
and  ill  imitation  of  tiie  Knglish  judicial  establisliment  believed  that  lliey  xyereadopl- 
ing  e  plan  of  great  wisdom  and  elBciency,  They  probably  yvere  not  impres.seil.  I.ow- 
ever.  by  the  then  circumstances  of  llio  ti-nes  yvilli  the^eessenliul  considerations  :  that 
by  the  present  periort  our  Vn'on  would  comprise  thirty  states,  a  majority  of  them  equal 
in  extent  to  the  kingdom  of  Eneland.  and  capable  many  of  Ihem  of  sustaining  a  popu- 
lalion  as  great  as  hers,  and  producing  in  pioiiorliou  to  this  inciease,  all  the  elements  of 
legislation,"  &c.,  &lq. 

Agaio,  ou  lb«  second  page  of  the  argumoot,  after  stating  six 


[Monday, 


distinct  grounds  of  distinction  between  England  and  this  cotintry, 
in  reference  to  the  performance  of  circuit  duties  by  appellate  judg- 
es, It  proceeds  thus  : 

"  The  aforegoing  considerations,  though  perhaps  overlooked,  or  not  anticipatad  by 
the  autliors  ol  our  judiciary  system,  expose  at  a  glance  the  uuer  inefficiency  and  nnfit- 
ness  of  that  system  for  the  present  conaition  of  the  country." 

Again,  the  pamphlet  argument,  on  the  fourth  page,  thus  boldly 
asserts  the  unconstitutionality  of  the  present  system  : 

"But  connected  vvitii  this  subject  there  is  afar  greater  consideration — one  which 
ought  to  conTol  any  view  tliat  may  be  taken  of  it,  and  is  presented  in  the  following 
enquiry  :  Is  the  present  organization  of  the  Judiciary  system,  or  is  any  organization 
which,  like  the  present,  blends  in  the  same  ofBce-s  the  functions  and  duties  of  the  Su- 
preme Court,  with  the  functions  and  duties  of  inferior  courts,  consistent  with  the 
meaning  and  objects,  or  even  with  the  letter  of  the  coiislitutiou  7  It  will  facilitate  a 
correct  comprehension  of  this  enquiry,  to  place  in  a  connected  view  the  revetal  pio- 
visions  of  the  consiilu  ion  yvhich  relate  to  the  Judiciarv.  Thus,  in  enumerating  the 
powers  vested  in  Congress,  it  is  declared  arct.  ].  sec.  8tli.  clause  10th,  that  they  shall 
have  power  toconitiiute  tribunals  inferior  to  the  Supreme  Court." 

In  article  second,  section  fir.t,  it  is  provided,  "That  the  Judicial  system  of  the 
United  States,  shall  be  vested  in  one  Supreme  Court,  and  in  such  inferior  cODrti 
as  the  Congress  may  from  time  to  time  o  dain  and  establish.  The  judges,  both  of 
the  Supreme  a»d  interior  courts,  shall  hold  their  otEces  during  good  behay  iour,  and, 
still,  at  slated  limes,  receive  for  their  services  a  coinjiensalion  which  abali  not  be  dl- 
minisiied  during  their  continuance  in  office," 

In  section  second,  clause  second,  of  the  ihird  article,  it  is  decared,  that  "Id  aU 
cases  affecting  ambaSMydors,  other  public  ministers  and  consuls,  and  those  in 
which  a  state  shall  be  a  party,  the  Supreme  Court  shall  have  original  jurisdiction.  la 
all  the  olher  cases  before  mentioned,  the  Supreme  Court  shall  have  appellate  jurisdio- 
tion  both  as  to  law  and  fact,  with  such  exceptions,  and  under  such  reitrictious  ai  lh« 
Congress  shall  make." 

The  argument  then  goes  on  to  contend  with  much  ingenuity, 
and  still  luore  earnestness,  from  ihe  constitutional  provisions  citecl, 
that  Congress  never  had  power  to  impose  upon  the  judges  of  the 
Supreme  Court,  the  performance  of  circuit  duties,  concluding  one 
paragraph  thus  :    ■ 

"This  question  then  naturally  arises :  Is  there  any  authority  ve«tcd  in  Congrvss  to 
require  of  the  justice*  of  the  Supreme  Court  the  pertbrmance  of  duties  rot  apper- 
taining to  the  business  of  the  Supreme  Court,  but  wholly  separate  and  distinct  tner«- 
from  :  uay,  which  experience  has  proven,  aud  which  aree^eiyday  demonstrated  to  boa 
hindrance  to.  and  interference  with,  the  appiopriate  duties  of  that  Court — duties  ur- 
gently denmnded  by  the  necessilies  of  the  country  t  Every  correct  iuterpretation  of 
the  ist,  sect,  of  the  3d  art.  of  the  constitution  must  show  tl.at  an  entire  separation, 
both  as  to  grade  of  offirre  and  to  men.  was  designed  between  the  justices  of  tjre  Su- 
preme Court,  and  the, judges  of  the  inferior  courts,  and  it  may  be  atlitmed  that  sound 
jiohcy  plainly  indicates  such  a  separation,"  &c,  &e. 

I  will  not  fatigue  the  Senate  with  farther  citations  from  this  ex- 
traordinary production.  What  I  have  read  though,  I  doubt  not,  will 
satisfy  most  of  those  who  listen  to  me,  that  there  isa  deeply  and 
cunningly  concerted  scheme  somewhere,  m  connection  with  the  bill 
under  consideration,  so  to  modify  our  present  judicial  establishment 
as  entirely  to  relieve  the  Supreme  Court  judges  from  the  duties  of 
the  circuit — a  scheme,  as  I  believe,  for  the  many  powerful  rea- 
sons already  stated  by  other  Senators,  pregnant  with  the  most  se- 
rious danger  to  the  justice  of  the  country,  and  even  to  our  repub- 
lican institutions. 

And  now,  sir,  I  beg  leave  to  ofier  a  few  obsei^ations  upon  what 
has  fallen  from  several  Senators,  relative  lo  the  necessity  of 
a  change  in  the  mode  of  appointing  judces  of  the  Supremo 
Court  of  the  Union,  and  in  their  tenure  of  ofl[ice.  Sir, 
I  perfectly  and  cordially  concur  with  all  that  has  been 
so  ably  and  eloquently  said  upon  this  subject,  by  the  Sena- 
tor from  Ohio,  [Mr.  Allen.]  My  feelings  are  as  much  in 
unison  with  his  upon  the  present  occasion,  as  they  were  when  he 
so  boldly  and  promptly  brought  forward  his  resolution  congratu- 
latory of  the  French  Republic;  for  which  certain  members  of  this 
body  seemed  to  be  as  little  preptired  as  they  are  now  for  this  radi- 
cal reform  which  he  suggests.  My  own  views  upon  this  subject 
are  not  of  recent  adoption;  it  has  been  almost  twenty  years  since 
I  first  promulged  them.  In  the  Stale  which  I  have  the  honor  in 
part  to  represent  upon  this  floor,  the  judges,  high  and  low,  have 
been  elected  for  more  than  fifteen  j-ears.  for  a  short  term,  by  the 
people;  and  the  system  has  worked  so  well — the  tree  has  borne 
such  good  fruit,  that  I  believe  there  is  no  intelligent  citizen  of  the 
State  who  is  not  warmly  in  favor  of  it;  though  when  it  was  origi- 
nally introduced,  it  had  many  and  most  violent  enemies,  especially 
among  those  whose  minds  having  been  tievoied  to  the  exclusive 
study  of  common  law  liooks,  had  received  a  bias  therefrom  which 
they  were  not  able  easily  lo  cast  aside. 

Sir,  I  was  most  highly  gratified  to  hear  my  distinguished  friend, 
the  honorable  Senator  from  Ohio,  [Mr.  Alle.n.]  refer  to  the  ex- 
ample of  Rome  as  supplying  a  striking  instance  of  the  successful 
application  of  the  great  principle  of  popular  election  in  connection 
with  the  judicial  office.  Nothing  can  be  more  certain,  than  that 
the  hiahcst  judicial  officers  in  the  Roman  Republic  were,  for  many 
centuries,  exclusively  chosen  by  the  people;  and  that  to  the  suc- 
cessive adjudications  of  these  personages  the  world  is  chiefly  in" 
dcbtcd  for  that  invulnerable  .system  of  jurisprudence,  the  civil  law, 
whose  majestic  remains  \'et  challenge  the  admirafion  and  comtnand 
the  deferential  homaire  of  civilized  men  in  all  et^untries  under  the 
sun.  My  honorable  friend  might  have  gone  still  farther,  and  ha\o 
asserted  that  even  the  famous  'J'en  Tables  of  Rome,  which  aie 
acknowledccd  to  have  constituted  the  bi'oad  and  firm  foundatit  ns 
of  that  jurisprudential  fabric  afterwards  known  as  the  jus  civile  of 
Rome,  were  themselves  of  similar  origin.  Sir,  brought  across  the 
Atlantic  sea,  from  the  classic  shores  of  Greece,  they  embodied  the 
fundamental  principles  of  judicial  science  which  liad  first  received 
sanction  and  become  enstamped  with  commanding  authority  in 
Athens  and  oiher  democratic  states  of  Greece,  through  the  medium 
of  courts  whose  judges  owed  their  authority  to  the  free  sufTrages 
of  their  enlightened  fellow-citizens.  Gentlemen  who  seem  to  tie- 
cry  this  system  should  remember  tliat  at  one  period  of  the  world's 


April  17.] 


THE  JUDICIARY  BILL. 


503 


history  it  has  had  the  open  sanction  of  Jehovah  himself;  for  the 
judges  of  tlie  Israelites  were  elected  by  their  brethren  of  the  im- 
mortal twelve  tribes,  and,  for  the  most  part,  so  conducted  them- 
selves in  their  high  office,  as  to  make  brilliantly  manifest  the  dis- 
criminating sagacity  of  the  Jewish  voters,  !y  whose  voices  they 
were  raised  to  tlie  seats  of  judicial  power.  I  am  almost  lemplfd 
here  to  remind  Senators  that  our  own  German  ancestors  had  nearly 
two  thousand  years  ago,  ascertained  and  proved  the  value  of  the 
popular  mode  of  electing  judicial  officers;  but  I  hasten  to  more 
modern  instances,  whose  authority  will  be  held  by  all  considerate 
men  as  entitled  to  higli  respect.  The  people  of  the  good  old  State 
of  Connecticut  are  understood  to  have  chosen  their  judges  at  one 
period  of  their  history,  for  more  than  a  century  and  a  half;  nor 
have  I  heard  that  its  operation  was  attended  with  any  mischievous 
effects.  But  I  beg  leave  to  introduce  to  the  notice  of  the  Senate 
the  example  of  the  State  of  Mississippi,  who  took  the  lead  of  her 
sister  States  of  the  confederacy  by  making  all  her  judicial  officers 
elective  by  the  people  more  than  fifteen  years  ago;  and  where  the 
system  has  worked  so  admirably,  that  though  there  was  originally 
much  and  fierce  opposition  to  its  introduction,  especially  among 
the  learned  members  of  the  legal  profession,  yet  I  do  not  now  know 
a  single  citizen  of  the  State  at  all,  remarkable  for  intelligence, 
who  is  not  perfectly  satisfied  of  its  surpassing  value,  and  who 
would  not  as  soon  part  with  any  other  provision  of  our  organic 
law  as  that  which  secures  to  our  citizens  the  high  privilege  of  elect- 
mg  their  judicial  agents.  Our  new  system  in  Mississippi  has 
supplied  the  bench  of  the  Slate  with  a  continued  succession 
of  able  and  upright  judges,  who  might  well  challenge  com- 
parison with  the  judges  of  any  age  or  conntrv;  whose  numerous, 
able,  and  learned  decisions,  published  annually  in  well-honnd  vol- 
umes, I  am  gratified  to  know  have  commanded  unqualified  respect 
in  every  State  of  the  Union.  The  judges  who  now  preside  in  the 
high  court  of  errors  and  appeals  of  Mississippi,  thoush  they 
do  not  sit  "gowned"  for  the  administration  of  justice,  would,  all  of 
them,  adorn  the  bench  of  the  Supreme  Court  of  the  Union  ;  and  I 
may  mention  it  as  a  remarkable  fact,  which  most  forcibly  attests 
the  intrinsic  trustworthiness  of  the  system,  that  one  of  the 
present  judges  of  our  appellate  court,  the  Hon.  William  L. 
Sharkey,  a  man.  whose  sterling  integrity,  deep  and  varied  learn- 
ing, acute  and  discriminating  mind,  have  established  for  him  a  fame 
as  enduring  as  the  mountains  of  the  land,  and  commensurate  with 
the  republic  itself,  has  been  uniformly  re-elected  by  his  fellow-citi- 
zens for  more  than  fifteen  years  ;  though  he  resides  in  a  district 
where  a  majority  of  the  voters  diflcr  from  him  in  political  senti- 
ment. I  should  be  justly  censurable,  were  I  to  omit  the  mention 
of  another  case  equally  illustrative  of  the  value  of  our  Missijsippi 
system  of  election.  There  is  a  major  general  of  our  array, 
who  has  distinguished  himself,  I  hesitate  not  to  assert,  as 
highly  as  any  officer  who  has  been  invested  with  command  in 
Mexico  ;  whose  pure  and  blameless  life,  extensive  attainments  in 
literature  and  science,  and  truly  democratic  sentiments  and  man- 
ners, had  made  him  more  a  favorite  of  our  State  than  any  of  her 
sons  long  before  the  Mexican  war  commenced — this  personage, 
whom  all  Mississippi  would  from  this  description  acclaniatively 
recognize  without  my  naming  him,  General  John  A.  Quitman, 
was  one  of  our  earliest  chancellors,  and.  for  some  years  before  our 
new  constitution  was  adopted,  administered  the  whole  equitv  juris- 
diction of  our  State.  This  gentleman  happened  to  be  one  of  those 
who,  when  the  popular  mode  of  election  was  proposed,  was  deci- 
dedly adverse  to  it,  though  I  am  gratified  to  know  that  the  experi- 
ence of  its  benefits  has  long  since  satisfied  him  of  itj  high  value. 
Well,  sir,  when  tlie  new  constitution  was  to  be  put  in  operation, 
whom  do  j'ou  suppose  the  whole  people  of  Mississippi,  without  a 
dissenting  voice,  and  without  either  solicitation  or  desire  on  his 
part,  united  in  electing  to  the  chancery  bench?  This  same  John 
A.  Quitman,  whose  profound  legal  learning,  sound  discriminating 
mind,  laborious  business  habits,  and  surpassing  ability  as  an  equity 
judge,  attested  by  numerous  decisions  belore  that  lime  rendered, 
at  once  attracted  ail  eyes  and  hearts  to  him,  as  the  worthiest  of 
all  our  accomplished  jurists,  to  occupy  the  sacred  woolsack,  and 
enter  upon  the  adjudication  of  questions  more  difficult  than  any 
other  judge  of  our  times  has  been  called  on  to  decide. 

Let  no  man  say,  Mr.  President,  that  the  people  of  the  United 
States  can  not  be  safely  ehtrusted  with  the  power  of  electing  the 
judges  of  the  Supreme  Court  of  the  Union.  So  to  assert  is  to 
call  in  question  either  the  sound  sense  or  virtue  of  the  people, 
without  both  of  which  it  is  impossible  that  our  republican  svstem 
can  be  maintained.  Sir,  the  people  are  competent  to  decide  upon 
the  merits  and  qualifications  of  candidates  for  judgeships,  and  are 
moreover  loss  subject  to  certain  sinister  influences  c:ilculated  to 
prevent  a  judicious  selection,  than  any  legislative  body,  or  execu- 
tive and  Senate,  can  possibly  be.  A  single  individual,  or  collec- 
tion of  individuals,  may  very  easily  contrive  to  have  an  interest 
wholly  distinct  IVom  that  of  the  community  in  general  ;  but  tho 
peoples'  happiness  is  the  public  welfare  ;  and  the  mass  of  the 
citizens  may  be  reasonably  expected  always  to  feel  inclined  to 
chooso  the  most  trustworthy  person  possibleto  be  obtained  for  the 
performance  of  judicial  functions. 

Those  who  seriously  question  the  capacity  of  the  people  to  make 
a  safe  and  prudent  selection  among  those  who  may  be  presented 
to  them  as  candidates  for  their  suffrages,  would  do  well  to  remem- 
ber, that  precisely  the  same  qualities  which  arc  supposed  to  be  in- 
dispensable ingredients  in  the  character  of  a  good  judfe,  are  not 
less  necessary  to  the  character  of  a  respectable  barrister.  Intei.'- 
rity,  strenath  and  activity  of  mind,  legal  learning,  knowledge  of 
men  and  things,  benevolence  of  heart  and  refined  complaisance  of 


manners,  are  equally  ornamental  to  the  forum  and  the  bench.  Yet, 
it  cannot  be  di'nied,  that  it  is  the  people  of  whom  the  litigants  in 
courts  are  only  a  portion — the  voters  if  you  please — who  are  con- 
stantjy  discriminating  among  the  members  of  the  legal  profession, 
and  so  discriminating  as  almost  invariably  to  bestow  most  employ- 
ment upon  those  who,  on  tho  whole,  have  proved  themselves  most 
deserving  of  patronage.  This  is  so  strictly  true,  that  it  would  bo 
difficult  to  mention  a  case  in  any  part  of  the  Union  where  a  truly 
meritorious  attorney  has  remained  long  in  obscurity,  or  failed  in  a 
comparatively  limited  number  of  years  to  attain  honor  and  emol- 
ument. These  -nere  the  matured  views  of  Thomas  Jefferson,  who 
always  contended  that  the  appointment  of  the  federal  judges  by 
the  President  and  Senate,  and  endowing  them  with  power  to  con- 
tinue for  life,  constituted  a  solecism  in  our  system  of  government 
which  should  be  gotten  rid  of  as  soon  as  possible.  Such  also  was 
the  opinion  of  the  most  sagacious  and  practical  man  who  ever 
held  the  Presidential  office,  Andrew  Jackson,  whoso  views 
I  have  heard  freely  declared  in  presence  of  witnesses  easy 
to  be  produced,  if  this  mention  of  his  name  should  be  ad- 
judged unauthorized.  Mr.  Jefferson  always  had  a  short 
answer  for  those  who  talked,  as  we  have  heard  gentle- 
men do  on  this  occasion,  about  the  importance  of  having  an 
independent  judiciary.  He  insisted  that  the  idea  of  independence 
on  the  bench  was  derived  from  Great  Britain — that  it  there  meant 
independence  of  the  crown  in  favor  of  the  people,  but  that  inde- 
pendence of  the  people  was  exactly  tho  opposite  of  this,  which 
was  tho  only  sort  of  independence  that  could  be  expected  to  arise 
from  the  mode  of  appointing  federal  judges  now  in  use,  and  the 
permanent  tenure  of  office  which  is  provided  in  the  constitution. 
I  confess  that  I  have  never  seen  any  mischief  which  appeared  to 
ray  mind  likely  to  result  to  the  country  at  large  from  keeping 
alive  in  the  bosoms  of  all  our  public  functionaries  a  wholesome 
and  habitual  sense  of  responsibility  to  the  people.  Tho  three  de- 
partments of  government  in  this  country — the  executive,  legisla- 
tive and  judiciary — should,  in  my  judgment,  be  alike  independent 
of  each  other,  and  dependant  upon  the  people,  the  source  of  all 
legitimate  authority  in  a  republic. 

Now  is  it  true,  as  many  suppose,  that  the  election  of  judges  by 
the  people  necessarily  imposes  upon  the  aspirants  to  Judicial  hon- 
ors, the  practice  of  any  unworthy  acts  whatever  in  order  to  secure 
election  ?  To  suppose  so,  is  greatly  to  wrong  the  enlightend  vo- 
ters of  the  country.  I  have  opportunities  of  looking  into  this  matter 
closely  in  the  State  of  Mississippi,  and  I  have  no  hesitation  in  de- 
claring that  there,  at  least,  if  a  judicial  candidate  should  be  seen 
goinu  through  the  country  making  popular  harangues,  such  as  we 
often  bear  from  demagogueical  aspirants  to  political  station,  and 
especially  if  he  should  undertake  to  treat  at  groceries  and  else- 
whero  in  order  to  obtain  additional  votes,  as  to  the  disgrace  of  tho 
times  and  country  is  yet  seen  to  take  place,  he  wouldfind  himself 
very  soon  utterly  discountenanced  by  the  voters  themselves  and 
compelled  to  retire  from  the  canvass  in  disgrace  and  discomfiture. 
With  all  proper  deference  to  the  judgment  of  others.  I  leel  bound  to 
urge  that  it  never  was  reasonable  to  expect  from  a  Supreme  Court 
whose  members  owe  their  appointment  to  the  President  and  Sen' 
ate,  the  exhibition  ol  that  perfect  independence  of  action,  which 
can  alone  secure  the  liberties  of  the  country  from  unauthorised  en- 
croachment. It  is  but  natural  that  the  judges  should  feel  moreor 
less  partiality  for  the  source  whence  they  have  themselves  derived 
power  ;  and  accordingly,  in  the  various  contests  that  have  from 
time  to  time  ensued  in  the  Supreme  Court  of  the  Union,  in  which 
the  rights  of  the  States  and  the  fundamental  principles  of  popular 
liberty  have  been  involved,  we  find  that  the  decisions  of  that  tribu- 
nal, hrive  almost  without  exception,  been  rendered  in  lavor  of  the 
Federal  governinent,  and  against  the  stales  and  people.  It  is  ob- 
vious that  there  is  something  in  the  constitution  of  the  court 
itself  calculated  to  federalise  those  who  belong  to  it  ;  and  it  is  be- 
lieved that  though  many  have  at  different  times  been  appointed  to 
Federal  judgeships  who  were  thought  to  be  excellent  democrats  at 
the  time  of  their  appointment,  but  few  have  been  able  to  escape 
the  contaminatinc  influence  of  such  promotion  for  a  longer  pe- 
riod than  four  or  five  years. 

The  elder  Adams  seems  to  have  had  verv  clear  and  acenrato 
views  on  the  subject;  and  when  Federalism  was  overthrown  at  the 
ballot-box  in  1800.  and  his  own  defeat  had  been  asceriainecl,  he 
looked  to  the  Supreme  Court  of  the  Union,  for  the  ultimate  resto- 
ration of  Federal  ascendancy.  Accordingly,  he  appointed,  even 
up  to  the  last  moment  of  his  Presidential  term,  such  jud^res  as 
he  believed  eoul  I  be  relied  on  for  the  effectuation  of  a  pu'pose  so 
dear  to  him.  His  discernment  has  been  well  attested  by  subse- 
quent experience;  for,  not  only  have  the  decisions  of  the  Supremo 
Court,  a  majority  of  whose  judges  have  been  generally,  if  not  al- 
ways. Federalists  in  principle,  been  oftentimes  stamped  with 
the  most  unalloyed  federalism;  but  these  decisions,  for  the  most 
part  marked  with  high  ability,  however  unsound  in  doctrine,  pre- 
pared for  publication  with  singular  care,  and  circulating  in  well- 
bound  volumes  throughout  the  Union,  have  been  received  into  all 
the  law  libraries  of  the  country,  and  have  gradually  obtained  so 
much  control  over  even  the  State  couits  themselves,' and  the  law- 
yers  who  attend  them,  that  there  is  obviously  much  danger  of  the 
entire  overthrow  of  sound  principles  of  government,  by  the  instru- 
mentality of  Federal  adjudication.  This  would  in  fact  have  been 
long  since  the  case,  but  that  the  political  complexion  of  the  Su- 
preme^ Court  was  more  or  less  modified  by  General  Jackson  and 
Mr.  Van  Buren,  through  the  appointment  of  persons,  to  supply 
vacancies  occasionally  arising  upon  the  bench  of  the  Supremo 
Court,  distinguished   as  much  for   their  sterling  democratic  opin- 


1 


&04                                                      THE  JUDICIARY  BILL.  I  Monday, 

ibns  and  predeleotions,  as  for  their  fitness  in  other  respects  for  the  judges  of  the  Supreme  Court  elective  by  the  people  of  the  Union, 

discharge  of  judicial  duties.  and   limit    the   period   of  their   continuance,  in  office   to  a  short 

Entertaining  these  views,  Mr.    President,  Senators   will  not  be  term  of  years,  instead  of  installing  them  for  life,  above  all  responsi- 

much  surprised  at  my  declaring,  that  I  shall  be  more  than  willing  bility  to  their  fellow-citizens,  whose  servants  and  agents  they  are. 
at  all  times,  to  lend  a  helping  hand  to  the  work  of  constitutional 

reform,  suggested  by  the  Senator  from  Ohio;  and  I  hope  that  the  Mr.  JOHNSON,  of  Maryland,  then  took  the  floor,  with  a  view 
day  is  not  far  distant,  when  either  the  distinguished  Senator   from  of  addressing  the  Senate,  but  the  hour  being  late, 
Ohio,  or  some  other  Senator  whose  high  character  and  long  con- 
tinuance in  the    public  service,  would    give  weight  and  dignity  to  On  motion, 
the  movement,  will   bring  forward   a  regular  proposition  for  such 
an  amendment   of  the  Federal   Constitution,  as  will   make  the  The  Senate  adjourned. 


April  18.J 


PETITIONS— RESOLUTIONS,  EiT 


605 


TUESDAY.  APRIL  18.  1848 


PETITIONS. 

Mr.  JOHNSON,  of  Maryland,  presented  the  petition  of  James 
L.  Donaldson,  an  officer  in  the  army  of  the  United  States,  praying 
indemnity  for  a  loss  sustained  bv  him  in  consequence  of  having  been 
robbed  of  public  money  placed  in  his  hands  for  disbursement; 
which  was  referred  to  the  Committee  on  Military  Affairs. 

Mr.  DTX  presented  a  memorial  of  ship-owners  of  the  city  of 
New  York,  praying  an  amendment  by  the  Senate  to  the  bill  re- 
cently passed  by  the  House  of  Representatives,  entitled  "  An  act 
to  provide  for  the  ventilation  of  passenger  vessels,  and  lor  other 
purposes;"  which  was  referred   to    the  Committee  on  Commerce. 

Mr.  FOOTE  submitted  documents  relating  to  the  claim  of  the 
heirs  of  Joseph  McAflec,  to  the  reimbursement  of  the  purehase 
money  paid  for  certain  lands  sold  by  the  United  States  without 
title;  which  were  referred  to  the  Committee  on  Private  Land 
Claims. 

Mr.  UNDERWOOD  presented  the  petition  of  George  F.  Raub, 
representative  of  Samuel  Raub,  jr.,  deceaseil,  praying  the  pur- 
chase by  the  government  of  his  patent  right  to  Raub's  safety-valve, 
for  preventing  explosions  in  steam  boilers;  which  was  referred  to 
the  Committee  on  Naval  Affairs. 

On  motion  by  Mr.  BELL,  it  was 

Ordered,  That  the  memorial  of  Susan  Coody  and  other  Cherokee 
Indians,  on  the  files  of  the  Senate,  be  referred  to'the  Committee 
on  Indian  Affairs. 

On  motion  by  Mr.  HUNTER,  it  was 

Ordered,  That  the  heirs  of  Willis  Wilson  have  l«ave  to  with- 
draw their  petitions  and  papers. 

QtTARTEK    DIMES. 

Mr.  NILES  submitted  the  following  resolution,  which  was  con- 
sidered by  unanuDous  consent,  and  agreed  to  : 

Re&olvcd,  Th:it  t}ie  Commiltec  on  Finance  be  instnictcd  to  in'iuire  iDto  theexpp 
diency  of  providing  by  law  for  a  coinage  of  the  denoniination  and  value  of  one  fourtb 
of  a  dime,  ortwoand'a  half  cenU,  to  be  conipoied  of  silver  with  an  alloy  of  copper  or 
other  meta,I  and  for  the  dieconlinuance  of  the  coinage  of  cents. 

STATE  PAPERS  OF  TEXAS. 

Mr.  HANNEGAN,  from  the  Committee  on  Foreign  Relations, 
to  whom  was  referred  the  bill  to  provide  for  transcribing  certain 
State  papers  of  the  late  Republic  of  Texas,  reported  it  without 
amendment. 

WEST  POINT  APPROPRIATION  BILL. 

Mr.  ATHERTON,  from  the  Committee  on  Finance,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  making 
appropriations  for  the  support  of  the  Military  Academy,  for  the 
year  ending  June  30,  1849,  reported  it  without  amendment. 

LIEUT,  3.    M.  GILLISS,  U.  S.  N. 

Mr.  MILLER,  from  the  Committee  on  Naval  Affairs,  to  whom 
was  referred  the  joint  resolution  from  the  House  of  Representa- 
tives, for  the  relief  of  J.  Melville  Gilliss  and  others,  reported  it 
with  an  amendment. 

INCREASE  OF  THE  NAVAL  MEDICAL  CORPS. 

Mr.  MILLER,  from  the  same  Committee,  reported  a  bill  for 
the  increase  of  the  Medical  Corps  of  the  Navy  ;  which  was  read 
and  passed  to  the  second  reading. 

SETTLERS  UNDER  THE  .4.R5IED  0CCUP.\TI0N  ACT  IN  FLORID.\. 

Mr.  BREESE,  from  the  committee  on  Public  Lands,  to  whom 
was  referred  the  bill  for  the  relief  of  the  bona  fide  settlers  under 
the  acts  for  the  armed  occupation  and  settlement  of  a  part  of  the 
territory  of  Florida,  reported  it  with  an  amendment;  and  submit- 
ted a  communication  from  the  Commissioner  of  the  General  Land 
Office  on  the  subject,  which  was  ordered  to  be  printed. 

PRIVATE  BILLS. 

Mr.  MASON,  from  the  Committee  of  Claims,  to  whom  was  re- 
ferred the  memorial  of  John  M.  Mcintosh,  submitted  a  report  ac- 
companied by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  MASON,  from  the  same  committee,  to  whom  was  referred 
the  memorial  of  A.  H.  Cole,  submitted  a  report  accompanied  by  a 
bill  for  his  relief. 

The  bill  was  road  and  passed  to  the  second  reading 

30th  Cono. — 1st  Session; — No.  64. 


Ordered ,  That  the  report  be  printed. 

Mr.  FELCH,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  petition  of  Thomas  C.  Sheldon,  submitted  a  re- 
port accompanied  by  a  bill  to  provide  for  the  final  settlement  of 
the  accounts  of  Thotnas  C.  Sheldon,  late  receiver  of  public  moneyi 
at  Kalamazoo,  Michigan. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed.  - 

Mr.  FELCH,  from  the  same  committee,  to  whom  was  referred 
the  petition  of  Abraham  Edwards,  submitted  a  report  accompa- 
nied by  a  bill  to  provide  for  the  final  settlement  of  the  accounts  of 
Abraham  Edwards,  Registor  of  the  Land  Office  at  Kalamatoo, 
Micliigan. 

•  The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  RUSK,  from  the  Committee  on  Military  Affairs,  to  whom 
was  referred  the  memorial  of  Robert  C.  Rogers,  .submitted  a  re- 
port, accompanied  by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  roadin;;.  -y 

Ordered,  That  the  report  be  printed. 

THE    CALIFORNIA    CLAIMS. 

Mr.  CASS,  from  the  Committee  on  Military  Affairs,  to  whom 
was  recommitted  the  bill  for  ascertaining  and  paying  the  Califor- 
nia claims,  reported  it  with  an  amendment. 

NEW  YORK  AND  NEW  ORLEANS  STEAMERS. 

Mr.  DIX,  from  the  Committee  on  Commerce,  lo  whom  wa* 
referred  the  memorial  of  J.  Howard  &  Son,  in  reporting  a  bill  ex- 
tending privileges  to  American  vessels  engaged  in  a  certain  men- 
tioned trade,  and  for  other  purposes,  said  :  As  he  wished  to  ask 
the  action  of  the  Senate  on  it  this  morning,  ho  would  briefly  ex- 
plain its  object.  It  authorizes  steamships  and  other  vessels,  going 
from  one  domestic  port  to  another,  to  touch  atone  or  more  foreign 
ports  to  land  and  receive  passengers  and  their  baggage,  letters, 
&o.  The  immediate  object  is  to  enable  the  vessels  of  a  line  of 
steamships  about  to  bo  established  between  New  York  and  New 
Orleans  to  touch  at  Havana.  As  they  must-  under  existing 
laws  be  considered  as  engaged  in  the  coastin;  trade,  they  cannot 
go  to  a  foreign  port  without  becoming  liable  to  forfeiture,  if  thev 
are  licensed  and  enrolled,  and  without  subjecting  the  merchandize 
they  are  carrying  from  one  port  to  another  to  impost  duties,  if  they 
are  registered,  as  they  would  be  engaged  in  foreign  trade.  The 
bill  provides  against  the  latter  inconvenience  and  embarrassment 
by  authorizing  them,  when  registered,  to  lonch  at  one  or  more 
foreign  ports  to  land  passengers,  &c.,  but  not  to  land  or  receive 
goods,  and  exempting  from  duty  any  merchandize  they  mav  have 
on  board,  on  which  tiie  impost  has  already  been  paid.  The  com- 
mittee have  made  the  regulation  general,  seeing  no  reaaon-why 
all  vessels  should  not  be  put  on  the  same  footing.  As  the  line 
of  steam  vessels  referred  to  is  about  to  commence  operations,  he 
asked  the  immediate  consideration  of  the  bill. 

The  bill  was  then  read  the  second  time,  by  unanimous  consent, 
and  considered  as  in  Committee  of  the  Whole  ;  and  no  amendment 
being  made,  it  was  reported  to  the  Senate. 

The  question  being  upon  ordering  the  bill  to  be  engrossed,  and 
read  a  third  time. 

Mr.  HALE  observed  that  this  wa^  an  important  bill,  and  he 
desired  that  it  should  lie  over  until  to-morrow,  to  afford  him  an 
opportunity  to  examine  it. 

Mr.  DIX  said  he  had  no  objection  to  the  bill  lying  over  for  one 
day;  and  the  question  on  ordering  it  to  be  engrossed,  and  read  a 
third  time  was  accordingly  postponed  until  to-morrow. 

CLEMENTS,  BRYAN  AND  COMPANY. 

The  joint  resolution  for  the  relief  of  Clements,  Bryant  and  Com- 
pany was  read  the  third  time  ;  and  the  question  being  on  its  pas- 
sage, it  was 

Ordered.  That  it  be  postponed  until  to-morrow. 

ADJUTANT  OF    THE    MILITARY  .\CADE.My. 

On  motion  by  Mr.  BADGER,  the  prior  orders  were  postponed, 
and  the  bill  placing  the  officer  who  performs  the  duty  of  Adjutant 
at  the  Military  Academy  on  an  equality  as  to  pay  and  allowances 
with  the  Adjutants  of  the  regimenis,  was  read  the  second  time  and 
considered  as  in  Committee  of  the  Whole  ;  and  no  amendment 
being  made  it  was  reported  to  the  Senate. 


506 


THE  JUDICIARY  BILL. 


[Tuesday, 


Ordered,  That  it  bo  engrossed  anJ  >■  mI  .1  tliuil  time. 
The  said  bill  was  read  a  third  time  by  imaniraous  consent. 

Resolved,  That  this  bill  pass,  and  tliat  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  reeiuest  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

TROOPS  SENT  TO  ME.XICO,  KILLED,     WOUiNDED,  ETC. 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  was 
Ordered,  That  two  thousand  additional  copies  of  the  report  of 
the  Secretary  of  War  of  the  lOth  instant,  in  relation  to  the  num- 
ber of  troops,  regulars  and  Volunteers,  sent  to  Mexico,  the  num- 
ber of  killed  and  wounded,  the  number  who  have  died  of  wounds 
or  disease,  etc.,  be  printed  for  the  use  of  the  Senate. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President :  The  HciiiMW.f  Reptesenlalives  have  passed  the  hill  of  the  Senate  to 
anthorize  the  issning  of  a  tc-jrister  to  the  brig  Palmetto. 

They  have  passed  the  hill  of  tlie  Senate  in  amendment  of  an  aet  entitled  "An  art 
to  ame'nrl  the  aet.  entitled  '  \n  act  to  rednce  the  rates  of  postage,  to  limit  the  use  and 
correct  the  abuse  of  the  frankinff  privde^e,  and  for  the  prevention  of  fraods  on  the  re- 
venues of  the  Post  OfTiee  Department.'  passed  the  3d  of  March,  1845,"  with  amend- 
menU,  in  which  they  rerpiest  the  concurrence  ot  the  Senate. 

The  Speaker  of  the  House  of  Representatives  having  signed  an  enrolled  bill,  I  am 
iliiected  to  bring  it  to  the  Senate  for  the  signature  of  their  President. 

SIGNING  OF  A  BILL. 

The  VICE  PRESIDENT  signed  the  enrolled  bill  to  authorize 
the  issuing  of  a  register  to  the  brig  Palmetto. 

POST  OFFICE  LAWS. 

The  Senate  proceeded  to  consider  the  amendments  of  the  House 
of  Representatives  to  the  bill  of  the  Senate  in  amendment  of  an 
act  entitled  "An  act  to  amend  the  act  entitled  'An  act  to  reduce 
the  rates  of  postage,  to  limit  the  use  and  correct  the  abtise  of  the 
frankinf  privilege,  and  for  the  prevention  of  frauds  on  the  reve- 
nues of  the  Post  Oflice  Department,'  passed  the  3d  of  March 
184.5,"  and  it  was 

Ordered,  That  they  be  referred  to  the  Committee  on  the  Post 
Office  and  Post  Roads. 

NOTICE    OF    BILLS. 

Mr.  FOOTE  gave  notice  that  on  to-inorrow,  or  some  early  day 
thereafter,  he  will  ask  leave  to  introduce  certain  bills,  the  titles 
of  which  he  named. 

ADVERSE    REPORTS    CONCURRED    IN. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Patents  and  the  Patent  Office,  upon  the  petition  of  Herrick 
Aieken;  and  in  concurrence  therewith,  it  was 

Resolved,  That  the  prayer  of  the  petition  of  Herrick  Aickcn  should  not  he  granted. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  the  Judiciary,  upon  the  petition  of  William  H.  Bassett,  and  in 
concurrence  therewith,  it  was 

Resolved,  That  the  prayer  of  the  petitioner  ought  not  to  be  granted. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
of  Claims,  upon  the  petition  of  Don  Carlos  Btiell;  and  in  concur- 
rence therewith,  it  was 

Resolved,  That  the  claim  of  Don  Carlos  Bueli  ought  not  to  he  allowed. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  the  Judiciary  upon  the  petition  of  Joseph  Bouchard;  and  in 
cnneurrciice  tl-.erewith,  it  was 

lir.^nhT'l,  Tliat  the  prayer  of  the  petitioner  should  not  be  granted. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Naval  Affairs,  upon  the  memorial  of  William  M.  Glendy;  and 
in  concurrence  therewith,  it  was 

Ordered,  That  the  Committee  be  discharged  from  the  further 
consideration  of  the  memorial. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
of  Claims,  upon  the  petition  of  William  G.  Davis  and  Mary  Ann 
Davis;  and  in  concurrence  therewith,  it  was 

Resolved,  That  the  claim  of  Mary  Ann  Davis,  for  want  of  sullicieiit  proof,  be  re- 
jected. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Indian  .\ffairs,  upon  the  petition  of  James  Edwards;  and  in 
concurrence  therewith,  it  was 

Resolved,  That  James  Edwards  ii  not  entitled  to  relief. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Indian  Affairs,  on  the  petition  of  George  S.  Gaines;  and  in 
concurrence  therewith,  it  was 

Resolved,  That  the  claim  onglil  to  he  rejected. 

The  Senate  proceeded  to  consi'ler  the  report  cpf  the  Committee 
on  Revolutionary  Claims,  upon  the  pelition  of  Nani^y  Haggard. 

Mr.  UNDERWOOD  moved  to  amend  the  resolution  at  the  close 
of  the  report,  by  striking  out  the  words  ''bo  rejected"  and  insert- 


ing "is  reasonable  and  ought  to  be  allowed  ;  and  that  the  petition 
be  recommitted  to  the  Committee  on  Revolutionary  Claims,  with 
instructions  to  report  a  bill  for  the  relief  of  the  petitioner." 

Mr.  UNDERWOOD.— The  case  involved  in  the  report  is  this. 
Some  years  ago  a  bill  passed  both  branches  of  Congress  and  was 
approved  by  the  President,  allowing  comtuutation  pay  to  the  peti- 
tioner in  this  case  as  the  representative  of  her  father.  The  appli- 
cation now,  is  to  allow  interest  for  the  time  during  which  the  pay- 
ment was  deferred.  The  only  question  is,  whether  in  such  a  case, 
the  interest  ought  to  be  allowed.  The  petition  lefers  to  some  hun- 
dreds of  cases  where  interest  has  been  allowed.  Latterly,  howe- 
ver, in  some  few  cases  it  has  been  refused  ;  but  the  question  .seems 
to  have  been  pretty  well  settled  by  Congress  inasmuch  as  it  has 
been  allowed  in  at  least  ten  cases  to  one  where  it  has  not. 

Mr.  UPHAM. — The  petition  does  set  forth  many  cases  in  which 
interest  has  been  alloweci,  but  it  does  not  furnish  the  evidence  upon 
which  the  commutation  pay  was  allowed.  I  believe  in  this  case, 
the  committee  refused  to  allow  the  interest  on  the  ground  that  it 
was  not  the  practice  to  do  so.  Indeed,  the  committee  thought 
that  although  the  claims  were  originally  well  founded,  if  the  peti- 
tioner had  a  right  to  claim  interest  it  should  have  been  done  by 
application  to  the  Commissioner  of  Pensions  at  the  time  when  the 
claim  for  commutation  pay  was  allowed.  But  having  allowed  the 
claim  to  slumber  for  about  fifty  years  without  making  any  demand 
upon  the  government,  the  committee  are  of  opinion  that  interest 
oould  not  accrue  until  a  demand  was  made. 

Mr.  UNDERWOOD.— I  rise  merely  to  state  that  no  default  on 
the  part  of  the  claimant  here  or  of  our  ancestors,  can  prejudice 
the  claim  of  an  infant.  The  evidence  will  show  that  her  ancestor 
was  killed  in  one  of  the  early  battles  of  the  revolution  when  she 
was  an  infant  only  a  few  months  old.  Of  course  you  could  not 
expect  an  application  by  the  infant,  nor  can  any  thing  like  laches 
apply  to  the  case.  The  passage  of  the  bill  heretofore  allowing 
this  commutation  pay  superceded  the  necessity  of  presenting  the 
evidence  of  the.claim  before  the  committee,  and  the  petition  there- 
fore simply  cites  the  cases  in  which  interest  has  been  allowed,  and 
asks  Congress  to  do  her  the  same  justice  that  has  been  done  m 
other  cases. 

The  question  being  put  upon  agreeing  to  the  amendment,  it  was 
determined  in  the  negative. 

The  question  then  recurred  upon  concurring  in  the  report,  and 
it  was  determined  in  the  affimative ;  and  it  was 
Resolved,  That  the  prayer  of  the  petitioner  be  rejected. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
of  Claiins,  upon  the  petition  of  George  Hervey,  and  in  concurrence 
therewith,  it  was 

Resolved,  That  the  prayer  of  George  Hervey,  agent  for  the  owners  and  consignees 
of  the  English  ship  James  Mitchell  ought  not  to  ie  granted. 

LESLIE  COMBS. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  the  Judiciary  upon  the  petition  of  Leslie  Combs;  and  in  concur- 
rence therewith,  it  was 

ftMo/rerf,  That  the  seiwtarydo  transmit  to  the  President  a  copy  of  the  meiuorial 
and  papers  of  licslie  Combs,  praying  the  payment  by  the  United  Slates  of  certain  se 
eurities  issued  by  the  late  republic  of  Te.Kas,  with  also  a  copy  of  this  resolution,  and 
the  report  made  in  said  case,  and  that  the  President  be  retjuested  to  cause  the  same  to 
be  communicated  to  the  proper  authorities  ot  the  State  of  Texas;  and,  also,  that  said 
memorial  and  papers  be  referred  to  the  Attorney  General  and  Secretary  of  the  Treasu- 
ry, who  are  directed  to  obtain  full  information  as  to  said  case,  and  report  thereon  to 
the  Senate. 

THE  SUPREME  COURT. 

T'he  Senate  resumed  the  consideration,  on  its  third  reading,  of 
the  bill  from  the  House  of  Representatives  supplemental  to  the  act , 
entitled  "  An  act  concerning  the  Supreme  Court  of  the  United 
States,"  approved  June  17,  1844. 

Mr.  JOHNSON,  of  Maryland.— Had  it  not  been  that  I  rose 
yesterday  to  address  the  Senate  on  one  of  the  topics  connected 
with  this  discussion,  I  should  not  have  troubled  them  this  morning. 
My  motive  yesterday  was  exclusively  to  reply  to  what  I  thought 
then,  and  still  think,  was  a  most  uncalled  for  and  unjust  aspersion 
upon  the  judges  of  the  Supreme  Court  of  the  United  States.  I 
beg  leave,  however,  before  addressing  myself  to  the  single  point 
which  I  then  intended,  to  say  a  word  or  two  upon  the  bill  itsell. 
It  presents  two  questions:  the  tirst  is,  whether  there  is  not  an  ex- 
isting evil;  the  .second,  whether  this  hill  is  not  the  best,  if  not  the 
only  mode  of  remedying  that  evil.  The  honorable  Senator  from 
Arkansas  [Mr.  Ashley.]  attempted  to  make  the  Senate  believe 
that  there  was  no  real  mischief,  and  ho  supposed  that  he  did  that 
by  analyzing,  as  ho  stated  he  had  done,  the  number  of  cases  on 
the  docket  of  the  court  in  order  to  show  how  tuany  cases  came 
from  the  respective  States  of  which  this  Union  is  composed;  and 
concluded  bv  seriously  telling  the  Senate  that  it  appeared  froiu  his 
analysis  that  there  were  fewer  cases  froiu  Arkansas  and  from  Ma- 
rylaiid  pending  in  the  Supremo  Court  and  undecided  than  there 
were  now'  to  be  found  undecided  in  the  State  courts  ol  Ar- 
kansas and  Maryland,  and  thence  very  logically  inferred  that  there 
was  no  evil  at  all  of  which  any  body  had  a  right  to  complain  in 
the  present  condition  of  the  docket  of  the  Supreme  Court.  The 
Senate,  I  am  sure,  is  not  to  be  led  away  by  any  considerations  of 
this  kind.  The  evil  complained  of  is  that  there  are  now  citizens  ot 
the  United  Slates— not  States  of  the  United  States  in  their  sove- 


April  18.] 


THE  JUDICIARY  BILL. 


307 


reign  capacity,  or  having  a  right  to  complain  in  their  sovereign  ca- 
pacity— but  that  there  arc  citizens  of  the  United  States  appeahng 
lor  justice  to  the  Supreme  Court  of  the  United  States,  and  appeal- 
ing in  vain.  And  it  is  for  the  Senate  to  say  whether,  if  tliero  can 
be  a  remedy  to  make  the  appeal  efiiicTual,  they  wdl  not  apply  it. 
Sir,  if  there  was  but  one  single  cause  in  the  Supreme  Court  which 
ought  to  be  tried — if  there  was  but  one  single  suitor  whose  rights 
•were  denied  him  by  his  cause  by  remaining  undecided,  and  it  was 
in  the  power  uf  the  Senate  to  have  it  ileeided,  it  would  be,  m  my 
opinion,  our  duty  to  provide  at  once  the  remedy.  The  delay  of 
justice  may  be  so  great  as  to  amount  to  a  denial  of  justice.  The 
fruits  of  the  contest  cease  to  be  fruits  at  all,  because  of  the  pov- 
erty and  hopeless  poverty  to  which  the  party  has  been  reduced  be- 
fore the  contest  is  at  an  end.  And  there  is  now  within  the  limits 
of  the  United  States  many  a  man  and  many  a  woman  whose  heart 
is  beating  anxiously  for  the  passage  of  this  bill  in  or  ler  that  they 
may  be  vindicated  in  rigiits  which  they  fancied  we  e  seoined  to 
them  by  the  constitution  and  the  laws.  Sir,  the  very  preamble  of 
the  instrument  which  constitutes  your  form  of  government  tells 
you  that  the  government  itself  was  created  among  others  for  the 
very  leading  object  for  establishing  justice.  Now  what  is  the 
state  of  the  docket  of  the  Supreme'  Court  at  this  lime?  At  the 
last  term  there  were  some  forty  or  fifty  cases  tried  and  decided, 
each  one  of  which  had  been'  before  that  tribunal  for  at  least 
two  or  thfee  years;  and  yet  the  suitor  is  led  to  believe  that 
by  your  law  llis  cause  will  be  determined  at  the  first  terra. 
The  mass  of  the  one  hundred  and  sixty-three  eases  which  still  re- 
main undecided,  are  cases  which  have  been  two  or  three  years 
awaiting  a  decision,  and  they  arc  likely  to  continue  undecided  two 
or  three  vcars  longer,  unless  you  pass  some  such  bill  as  this.  Sir, 
it  is  a  reproach  to  the  jurisprudence  of  the  country  ;  it  is  a  blot 
upon  the  fame  of  the  nation  which  is  more  truly  consulted  in  ad- 
ministering justice  speedily  and  well  between  the  citizens,  and 
securing  to  them  the  rights  which  the  constimtion  and  the  laws 
have  promised  to  secure,  than  by  any  thing  else  that  the  govern- 
ment can  do. 

Sir,  it  has  been  well  said,  that  almost  the  entire  object  of  go- 
vernment is  accomplished — almost  its  whole  purpose  is  gratified, 
when  it  has  secured  an  honest  and  competent  tribunal  to  decide 
disputes  between  man  and  man.  Yet  the  Senator  from  Arkansas 
supposes  that  it  is  no  practical  WTong — no  wrong  at  all,  that  there 
should  now  be  suitors  in  the  courts  of  the  United  States,  and  m  its 
highest  court  who  have  been  in  vain  imploring  you  for  three  and 
even  four  years  to  have  their  rights  protected  by  the  judicial  pow- 
er, the  only  power  capable  of  protecting  them. 

Mr.  ASHLEY. — The  honorable  Senator  mistakes  what  I  said. 
I  have  not  stated  that  it  is  not  wrong  to  delay  decisions.  I  admit 
the  wrong.  I  admit  it  to  be  an  evd,  but  I  say  the  Supreme  Court 
has  tfie  power  to  remedy  the  evil. 

Mr.  JOHNSON.— I  understood  the  Senator  differently  ;  I 
thought  he  said  it  was  not  an  evil  comparatively,  because  a  great- 
er existed  in  the  courts  of  the  States. 

Mr.  ASHLEY. — I  said  that  a  much  greater  evil  exists  in  the 
subordinate  courts. 

Mr.  JOHNSON.— I  am  glad  I  misapprehended  the  Senator.  It 
is  an  evil  then — and  the  question  is,  how  is  it  to  be  remedied  ? 
But,  says  the  Senator,  the  remedy  is  in  the  hands  of  the  judges 
themselves,  and  how  ? — by  confining  counsel  to  the  points  actually 
at  issue.  This  is  more  easily  said  than  done.  Sir,  it  is  an  evil 
here,  and  one  of  which  the  press  is  every  day  complaining,  that 
we  talk  too  much.  We  do  not  confine  ourselves  strictly  to  the 
subject  before  us.  The  honorable  Senator  himself,  though  I  do 
not  wish  to  say  any  thing  disrespectful,  affords  an  exemplification 
of  it.  A  stronger  instance  could  not  be  given.  The  honorable 
Senator  discusses  points  out  of  order,  and  then  gravely  tells  us 
that  the  evil  in  the  Supreme  Court  could  be  corrected  if  the  court 
thought  proper  to  correct  speaking  out  of  order.  Sir.  it  is  an  evil, 
hut  it  is  natural  to  the  American  character,  because  the  constant 
attendant  upon  free  institutions.  The  honorable  Senator  said  too, 
that  he  could  not  imagine  any  ease  that  would  require  an  argu- 
ment of  more  than  an  hour  and  a  half  or  two  hours.  I  was  not 
a  little  surprised  to  hear  such  a  remark  from  a  chairman  of  the 
Judiciary  Committee  of  the  Senate  of  the  United  States,  well 
versed,  as  he  manifestly  is,  m  judicial  matters.  He  is  not  to  be 
told,  sir,  that  case  after  case  occurs,  in  which  three,  four,  five, 
six,  or  even  ten  and  eleven  hours  have  been  exhausted  in  argu- 
ment strictly  pertinent  in  a  strain  of  eloquence  directly  bearing 
upon  the  point  at  issue,  no  part  of  which  eould  have  been  omitted 
without  spoiling,  in  some  measure,  the  effect  of  the  whole.  Who 
is  to  determine  when  the  argument  is  irrelevant  ?  Such,  sir,  is 
the  diversity  of  human  intellect,  who  can  tell  what  course  of  ar- 
gument will  succeed  with  each  one  of  the  nine  judges.  That  which 
would  lie  sufficient  if  you  were  addressing  a  simple  judge  would 
be  thrown  away  as  entirely  useless,  if  addressed  to  some  other 
judge. 

It  was  requisite  from  the  number  constituting  the  tribunal  as  in 
the  ease  before  a  jury,  that  you  should  at  times  elaborate  vour  ar- 
gument, and  present  every  possible  view  of  the  case  in  order  that 
you  may  address  yourself  effectually  to  the  understanding  of  every 
judge.  But  I  concede  that  the  speeches  are  at  times  entirely  too 
long,  and  I  concede  that  the  court  has  the  power,  if  they  think  pro. 
per,  to  exercise  it,  and  that  they  should  exercise  it,  to  restrain 
them.  But  it  is  a  very  dangerous  power  to  be  applied  in  all  eases 
— exceedingly  dangerous— and  it  is  a  power,  permit  me  to  say  to 


the  honorable  Senator  from  Arkansas,  of  the  exercise  of  which  we, 
a  portion  of  the  people  of  the  United  States,  would  complain  more 
than  many  of  the  democracy.  They  would  say  at  once  it  was  in- 
terfering with  the  freedom  of  speech.  There  was  a  case  in  the 
Supreme  Court  at  the  last  term,  which  involved  the  constitution- 
ality of  the  famous  Dorr  government  in  Rhode  Island.  I  heard 
pamphlet  after  pamphlet,  fourth  of  July  speech  after  fourth  of 
July  speech,  v\'rilten  ana  delivered  years  ago,  read  before  that  tri- 
bunal to  prove  that  a  free  people  have  the  right  to  establish  that 
form  of  government  they  think  best.  Sir,  I  imagine  that  if  the 
Chief  Justice,  speaking  for  himself  and  his  associates,  had  said 
that  no  such  authority  should  be  cited,  the  press  of  the  country 
would  have  run  mad,  particularly  if  the  result  had  been,  as  in  all 
probability  it  will  be,  that  on  the  unanimous  judgment  of  that  tri- 
bunal, the  Dorr  revolution  was  nothing  but  naked  and  inexcusable 
rebellion.  Besides,  sir,  as  to  stopping  counsel  in  their  argument, 
which  of  the  judges  is  to  take  it  upon  himself  to  do  so.  Is  it  to  be 
left  to  any  one  of  them,  to  the  Chief  Justice,  to  say  what  point  is 
to  be  argued  and  what  not  ?  Is  he  to  arrest  counsel  ?  My  life 
for  it  before  such  a  rule  is  practised  for  one  term,  the  Chief  Juillce 
would  be  told  by  some  one  of  his  associates,  on  either  side  of  him, 
that  it  was  a  point  on  which  he  wished  to  be  enlightened. 

Mr.  President,  I  have  said  all  that  I  propose  to  say  upon  this 
part  of  the  subject.  But  there  is  one  other  point  at  which  I  will 
briefly  glance,  before  considering  the  topic  which  caused  me  to 
rise  yesterday,  and  that  is  as  to  the  remedy  for  the  evil  which  ex- 
ists. What  is  the  remedy  that  is  proposed  by  the  honorable  Sena- 
tors from  Arkansas  and  Ohio,  [Messrs.  Ashley,  and  Allem,] 
If  I  did  not  know  the  elevated  character  of  both  the  Senators,  I 
should  almost  bo  induced  to  think  from  the  remarks  which  have 
fallen  from  them,  that  they  wish  to  keep  up  the  present  condition 
of  things,  in  order  to  bring  about  the  change  which  they  have  in 
view,  and  which  they  suppose  will  lead  to  good  practical  results. 
What  is  that  change  ?  It  is  the  election  of  the  judges  by  the  peo- 
ple, and  for  a  limited  period  of  service.  I  do  not  know  how  the 
system  works  in  Mississippi,  except  upon  the  authority  of  the  ho- 
norable Senator  from  that  State,  [Mr.  Foote.]  I  do  not  know  how 
it  has  operated  in  Arkansas  and  Ohio,  hut  unless  all  history  is  false, 
unless  man's  nature  has  become  entirely  changed,  unless  he  has  be- 
eomeadifferent  being  from  that  which  (iodoriginallymade  him.  and 
judging  of  him  as  ho  has  heretofore  been,  it  is  impossible  but  that 
in  the  end,  such  a  system  can  be  productive  of  any  thing  but  un- 
mixed mischief.  Let  us  in  the  first  place,  sir,  see  how  they  are 
to  be  elected,  if  the  change  be  made.  Will  they  be  elected 
by  the  people  ?  No,  sir,  the  people  will  have  no  more  to  do  with 
it  than  they  have  with  the  election,  as  times  are,  of  the  President 
of  the  United  Stales.  They  will  be  elected  by  a  convention. — 
New  York  changed  the  tenure  of  office  of  licr  judges,  and  changed 
the  mode  of  their  appointment,  by  the  late  modification  of  her  con- 
stitution, and  her  judges  have  recently  been  elected  ;  and  in  what 
manner  >.  By  the  nomination  of  a  political  convention,  and  if  we 
could  make  this  change  now,  the  convention  whieli  is  announced 
to  meet  in  Baltimore  sometime  in  next  month  will  be  found  nomi- 
nating our  judges,  as  well  as  the  President.  It  will  be  a  partj' 
contest,  and  we  shall  have  the  melancholy  spectacle  exhibited — a 
spectacle  pregnant  wiih  nothing  but  evil,  not  only  of  having  the 
rights  of  a  minority,  subjected  to  a  legislative  majority — subjected 
to  the  action  of  a  party  Executive  ;  but,  the  most  direful  of  all 
political  ills,  we  shall  have  them  subjected  to  the  decision  of  a  par- 
tisan Judiciary.  Sir,  when  such  a  day  coines,  the  history  of  this 
nation  will  have  been  told.  Tlic  constitution,  of  which  we  are  so 
justly  proud,  as  it,  came  to  us  from  our  aneestois,  v\'ill  not  be  worth 
the  parchment  on  which  it  stands  inscribed.  No  man  will  then 
feel  secure  in  his  rights  of  person  or  of  property;  and  I  say  it  with 
no  disrespect  of  the  people — with  no  distrust  of  the  people— 
with  no  distrust  of  a  majority  upon  any  of  these  subjects  upon 
which  a  majority  ought  to  act,  but  regarding  what  has 
ever  been  the  nature  of  mankind,  and  consulting  the  whole 
history  of  the  civilized  world,  I  state  to  the  Senate  and  the 
country,  that  if  the  day  come  when  our  judiciary  is  to  be 
selected  by  a  party,  and  for  a  limited  term,  by  a  popular  vote,  the 
rights  of  the  American  people  will  not  be  as  valuable  as  were 
those  enjoyed  by  the  French  people  before  their  late  revolution. — 
Sir,  it  is  not  only  that  the  mode  of  appointment  is  wrong,  but  that 
the  other  provisions  to  which  both  the  learned  Senators  refer, 
make  it  still  more  pregnant  with  danger,  that  is  the  time  of  ap- 
pointment, the  tenure  of  office,  the  re-eli^ibility  of  the  judges  ;  for 
you  will  find  judges  turning  their  action  upon  the  bench  with  a 
view  to  re-election,  as  we  find  political  men  guiding  their  action' 
every  where,  with  a  view  to  the  same  result.  And  if  there  hap- 
pens to  be  any  particularly,  or  supposed  particularlv.  influential 
man  around  them,  whether  lawyer  or  client,  upon  whom  itmavbe 
supposed  their  election  depends,  they  will  have  especial  regard  lo 
his  interests,  and  exert  all  possible  means  of  conciliation  towards 
him.  No,  sir  ,  the  men  who  framed  tlie  Cimstitution  of  the  United 
States  knew  the  peril  of  sucli  a  judiciary.  They  were  the  men, 
too,  of  an  age  deeply  versed  in  man's  history,  and  deeply  imbued 
with  all  the  principles  of  freedom  which  he  is  capable  of  enjoy- 
ing ;  and  of  course  imbued,  too,  with  a  sense  of  justice  without 
which  freedom  cannot  survive.  If  you  look  at  the  proceedings  of 
the  convention  which  formed  the  constitution,  you  will  find  that 
there"  was  not  a  single  man  who  suggested  that  the  tenure  of  the 
judiciary  should  be  limited.  Not  one.  What  is  the  inevitable  re- 
sult of  a  change  in  both  of  the  particulars  I  have  stated  ?  If  the 
present  system  has  worked  wrong  ;  if  it  now  works  wrong, 
why  is  it  ?     Because  it  is  not  practicable,  not  physically  praetica- 


508 


THE  JUDICIARY  BILL. 


[Tuesday, 


ble,  lor  the  judges  of  the  Supremo  Bench  to  discharge  all  the  du- 
ties imposed  upon  them. 

Mr.  President,  some  two  or  three  years  a£;o  I  made  an  cxcur- 
Mon  to  Europe,  and  there,  amon^r  the  many  ihinjs  that  I  saw  and 
heard,  which  made  nie  love  and  admire  my  own  oountry  more  even 
than  when  I  left  it,  was  to  hear  from  men  whose  praise  is  worth 
huvin;;',  tliat  that  which  distinguished  tlie  United  Slates  more  than 
any  thing  else,  in  the  judgment  of  Europe,  was  the  able,  pure, 
and  elevated  charaoler  of  our  judicial  decisi.ms.  It  is  unnecessary 
to  name  names  ;  if  I  were  to  do  so,  the  Senate  would  at  once  see 
that  the  compliment  was  sincere,  and  must  have  been  deserved,  or 
would  not  have  been  paid.  In  speaking  of  the  late  Chief  Justice  of 
the  United  States  and  Mr.  Justice  Story,  I  heard  not  only  from  one, 
but  froin  many,  that  the  world  had  rarely  produced  such  men  : 
and  yet  the  decisions  referred  to  in  those  opinions  are  now'  by  some  of 
ourselves  supposed  to  liave  come  from  a  tribunal  vicious  in  its  organ- 
ization, because  wrong  in  its  mode  of  appointment.  And  yet  those 
very  decisions  would  have  done  honor  to  any  judiciary  of  any  na- 
tion upon  earth.  Among  other  things  the  loreigncu-s  to  whom  I 
allude,  said  what  I  felt  to  be  true,  with  the  exception  of  one  or 
two  instances,  and  they  of  very  recent  occurrence,  that  the  ability 
and  purity  of  our  bench  was  owing  in  a  great  measure,  in  their 
judgment,  not  only  to  the  mode  of  their  appointment  and  the  te- 
nure of  oflicc,  but  also  and  materially  to  the  entire  .separation  of 
the  judiciary  from  all  the  political  questions  and  aspirations  of  the 
day.  There  are  one  or  two  exceptions  of  modern  origin,  and  I 
trust  in  God  they  will  stand  the  only  exceptions  to  the  general 
character  of  our  judicial  tribunals. 

'Sir,  the  honorable  Senator  from  Mississippi,  [Mr.  Foote,]  the 
other  day,  in  terms  unpleasantly  harsh  to  my  ear,  if  he  will  permit 
me  to  say  so,  thought  proper,  in  reference  1o  one  of  those  instances, 
to  speak  of  an  appeal  recently  made  by  one  of  the  justices  of  the 
Supreme  Court  to  the  citizens  of  the  United  Slates,  upon  an  excit- 
ing political  subject  of  the  times — an  appeal  which  no  one  regretted 
more  than  I  did.  and  which  I  am  satisfied,  in  his  cooler  judgment, 
the  distinguished  judge  himself  will,  sooner  or  later,  dee|)ly  regret 
— an  appeal  which  every  sincere  friend  of  the  judge  and  of  the 
court  greatly  lamented,  because  he  could  not  but  feel  that  it  has 
cast  .something  like  a  shade  upon  the  past  ab.solnte  and  unsuspected 
purity  of  the  whole  bench.  But,  sir,  the  judgiuent  of  the  public, 
in  its  almost  tmiversal  censure  of  the  step,  will  effectually  guard 
against  its  repetition.  In  my  opinion.  Mr.  President,  a  judge 
should  be  seperated  not  only  while  he  is  upon  the  bench,  but  for- 
ever, from  all  the  agitating  political  topics  of  the  day.  Once  a 
judge,  he  should  be  ever  a  judge.  The  ermine  shoidd  never  be 
polluted,  no-  suspected  of  pollution;  it  should  be  the  verj'  typo 
of  justice  of  herself — pure,  spotless,  faultless. 

Now,  sir,  to  the  purpose  which  caused  me  to  trouble  the  Senate 
at  all — a  word  or  two  in  reply  to  the  honorable  Senators  from  Ohio 
and  Ark.insas,  [Messrs,  Ashley  and  Allen.]  I  am  sure  they 
will  pardon  me  for  saying,  because  I  believe  they  will  do  me  the 
justice  to  believe  that  I  say  it  in  all  sincerity,  that  their  assault 
upon  the  judges  was  not  only  most  unjust  and  unnecessarily  harsh, 
but  totally  unfounded.  Those  Senators,  sir,  can  hardly  have  been 
aware  of  the  force  of  iheir  own  language,  and  especially  must  that 
have  been  the  case  with  the  honorable  Senator  from  Ohio.  AVhat 
was  it,  sir?  That  the  judges  have,  at  all  liinos,  been  themselves 
the  authors  of  all  applications  to  Congress  for  change  and  relief 
from  their  circuit  duties  which  have  been  made.  The  honorable 
Senator  from  Arkansas,  a  few  days  ago,  stated  that  these  changes 
have  been  effected  by  them  at  their  instance,  for  their  ease  and 
their  comfort;  and  among  others,  that  the  act  of  June  3d,  1S44, 
relieving  them  from  one  half  of  their  circuit  duties,  had  been  passed 
at  their  instance.  The  honorable  Senator  said  yesterday,  which 
caused  me  inexpressible  surprise,  that  the  act  of  1844  was  passed 
for  the  very  pnrpise  of  enabling  the  court  to  cure  the  then  evil, 
the  accnmulaied  business  of  the  Supreme  Court,  and  prevent  its 
recurrence,  and  that  it  was  amply  competent  to  accomplish  that 
object;  but  t^at  the  judges  availed  themselves  of  the  law  to  save 
themselves  from  'sircuit  duty  without  complying  with  the  law, 
which  as  a  substitute  for  circuit  duties  imposed  upon  them  Supremo 
Court  duties.  Sir,  as  to  one  of  the  judges,  I  know — and  I  am  sure 
it  is  true  of  all,  that  charge  has  not  a  shadow  of  foundation.  If 
one  can,  without  impropriety,  be  allowed  in  debate,  to  indulge  in 
expressions  of  personal  friendship,  the  relation  in  which  I  stand 
to  the  present  Chief  Justice,  1  tell  bith  of  these  Senators  that 
there  never  was  a  more  harsh,  unjust,  and  unfounded  aspersion 
made  upon  any  man,  if  he  is  to  be  considered  as  falling  within  its 
scope.  A  gentleman  over  seventy  years  of  age,  constitutionally 
feeble,  I  know  that  up  lo  the  very  moment  of  his  coming  to  Wash- 
ington to  perform  the  duties  of  his  high  stalion  here,  he  has  ever 
presided  in  his  own  circuit  in  Marylaiul;  and  I  know  that  the  day 
after  he  leaves- his  business  here,  ho  is  often  to  be  found  in  his  Ma'- 
ryland  circuit,  where  he  is  now,  ficrforming  circuit  duties.  And 
I  mav  he  pardoned  for  saying,  that  whatever  differences  of  opinion 
may  be  entertained  of  his  conduct  as  a  public  man,  before  ho  was 
I'allcd  to  adorn  the  bench,  no  man  lives  who  can  point  to  error  or 
imprudence  of  his,  except,  it  maybe,  some  error  of  judgment — 
and  if  there  be  any  error  of  that  kind  I  am  vet  to  learn  it — since 
ho  has  been  upon  the  bench.  Studiously  abstaining  from  all  the 
party  contests  of  the  day,  he  has  devoteil  himself  to  bis  judicial  du- 
ties, with  an  industry,  learning,  and  ability,  v\-hich  challenging 
admiration,  have  proved  him  to  be  a  worthy  successor  of  a  judge, 
whose  lame  (ills  the  world  of  jurisprudence.  'J'o  say  of  an  orna- 
ment ot  this  description  that  he  gets  the  act  of  1844  passed  by 
u    false    pretence,    (for    that   is   the  substance  of  tho   charge,) 


and  that  having  secured  it,  he  avails   himself  of  it  to  relieve  him- 
■  self  from  a  portion  of  his  duty,  without   seeking  or  caring  to  ac- 
com])lish  the  object  which  we  were  told  it  was  designed  to  aooom- 
plish,  is  to  charge  him  with  a  crime. 

What  is  true  of  him  will  be  true  of  all  the  other  judges;  and  who 
are  they  ?  How  came  they  to  occupy  the  places  they  fill  ?  Sir,  I 
rejoice — no  matter  how  they  came  there,  no  matter  what  were  the 
motives  for  putting  them  there — and  it  is  a  fact  eminently  calcu- 
lated to  establish  the  wisdom  of  a  life  tenure  of  ollice,  that  the  mo- 
ment they  got  there,  the}-  became  judaes,  emphatically  judges, 
ceasing  to  be  politicians,  (if  they  ever  were)  divested  of  every  po- 
litical prejudice,  men  pure  and  unspotted,  looking  to  duty  as  their 
guide,  and  to  duty  alone.  Who  put  them  there  ?  Who  put  these 
men  there,  thus  denounced  by  the  honorable  Senator  from  Ohio? 
Why,  sir,  nearly  all  of  them  wore  selected  by  him.  who  the  friends 
of  llie  honorable  Senator  were  in  the  habit  of  saying,  was  second 
only  to  Washington — the  others  with  the  exception  of  only  one,  I 
believe,  by  him  whose  chief  boast  it  was,  that  he  would  "  tread  in 
tho  footsteps  of  his  illustrious  predeeossor."  Now,  sir,  is  it  not  a 
little  singular  that  judges — gentlemen  of  pure  and  spotless  char- 
acter in  private  life  before  they  were  appointed,  and  against  whom 
not  a  w-hisper  of  suspicion  has  been  heard  from  any  quarter,  should 
for  the  first  time,  be  denounced  in  the  Senate,  by  their  former  po- 
litical friends  on  this  floor,  as  having  been  false  to  their  duty — as 
having  designedly  brought  about  the  present  condition  of  things  in 
the  court,  and  in  order  to  eflect  a  change  in  the  judicial  system, 
for  their  own  advantage.  The  honorable  Senator  from  Mississip- 
pi, read  to  us  the  other  day  some  pamphlet,  anonymous  I  believe 
it  was — which  as  I  understood  him.  had  changed  the  original  opin- 
ion he  had  entertained  on  the  subject  of  this  bill,  in  order  to  prove 
to  the  Senate  that  it  was  seriously  contemplated  by  the  judges  to 
throw  off  their  circuit  duties,  upon  the  ground  that  they  were  un- 
constitutionally imposed  upon  them.  Sir,  if  every  judge  has  as- 
serted this,  I  will  not  say  that  he  is  unfit  for  his  station;  he  stands 
upon  thai  question  alone.  The  language  of  the  constitution  is  that 
the  judicial  power  shall  be  vested  "in  one  Supreme  Court,"  and  m- 
such  inferior  courts,  as  the  Congress  may  from  time  to  time  "or- 
dain and  establish."  Under  this  power,  it  was  originally  a  ques- 
tion whether  the  judges  of  the  Supreme  Court  could  be  made 
judges  of  the  inferior  courts.  But  it  was  decided  long  ago,  that 
they  could.  Millions  and  millions  of  dollars  have  been  decided  un- 
der the  law,  devolving  circuit  duties  upon  them,  and  many  a  poor 
man  has  expiated  his  offences  finder  it,  and  however  unwill- 
ing the  court  may  generally  be  to  stop  counsel  in  argument, 
I  will  venture  to  say  they  would  not  suffer  the  conslitutionahty 
of  their  law  to  be  questioned  before  them.  Now,  sir,  permit 
me  to  ask  these  honorable  Senators  what  is  to  be  gained  by 
fulminating  such  anathemas  against  the  judges  of  the  highest  tri- 
bunal in  the  country  ?  What  cliaracter  is  to  be  established  by  it, 
what  reputa'ion,  what  honor  in  the  eyes  of  the  world,  is  to  be 
won  by  it  ?  What  practical  good  will  it  do  among  our  own  citizens; 
w»hat  is  to  be  accomplished  by  it  ?  It  can  only  tend  to  shake  the 
confidence  of  the  public  in  the  integrity  of  the  highest  tribunal  of 
the  country.  To  shake  the  confidence  of  the  public  in  the  Senate 
of  the  United  States,  bad  as  that  would  be,  would  be  noihing  in 
comparison  with  creating  an  impression  upon  the  public  mind,  that 
the  judiciary  of  the  country  is  not  to  be  trusted.  Sir,  it  has  been 
our  pride,  and  we  have  just  cause  to  be  proud  of  it,  that — as  far  as 
I  know — in  no  single  instance  has  the  American  judiciary  been 
found  to  be  corruptible.  Honor  is  synonymous  with  the  bench. 
The  people  know  that  they  can  go  there  with  the  certainty 
that  their  rights  will  be  protected.  They  regard  the  judges 
as  men  of  the  highest  learning  and  ability,  governed  in  all 
their  actions  by  the  strictest  virtue,  elevated  and  adorned  by 
everything  which  can  confer  moral  dignity  upon  man  ;  y.t 
the  two  honorable  Senators  think  they  are  doing  a  great  pub- 
lie  service  by  denouncing  our  highest  judges  before  the  world 
and  the  country,  as  corrupt.  For,  though  they  do  not  use  the 
term  corruption,  they  use  language  that  admits  of  no  other  mean- 
ing. But,  suppose  it  were  all  true — as  it  is  all  false — what  argu- 
ment does  it  furnish  against  this  bill  ?  The  Senators  propose  no 
change  of  the  system;  they  suggest  no  impeachment  of  the 
judges;  they  condemn  them  without  a  hearing.  What  is  to  be- 
come of  the  suitors  before  the  court  ?  Are  their  cases  to  remain 
unheard,  and  undecided,  because  some  Senators  on  this  floor  doubt 
the  integrity  of  the  judges?  March  up,  gentlemen,  to  the  line  to 
which  your  opinions  properly  carry  you.  Get  your  impeachments 
ready — bring  in  the  judges  here  for  trial !  No  such  course  is 
dreamed  of. 

Now,  sir,  as  to  the  labors  of  the  bench.  Both  tho  honorable 
Senators  said,  I  believe,  that  they  knew  nothing  of  the  labors  of 
the  bench.  The  Senator  from  Arkansas  told  us  that  he  had  sel- 
dom been  in  tho  Supreme  Court.  The  Senator  from  Ohio  at- 
tempted to  distinguish  between  the  labors  of  the  judges  here,  and 
the  labors  of  judges  in  the  inferior  courts;  and  tells  us,  though  he 
knows  little  of  cither,  that  in  the  latter  the  duties  were  much  the 
most  oppressive.  Why,  sir,  the  Senator  has  not  the  most  remote 
idea  of  the  labors  of  the  bench;  and  1  may  say  it  with  no  dispar- 
agement to  him,  because  he  has  pursued  a  different  course  of  life 
frt»m  the  profession  of  the  law,  which,  of  course,  ho  would  have 
adorned  had  he  pursued  it.  Sir,  tho  labors  of  these  judges  are 
herculean.  Their  physical  labor  breaks  them  down  at  the  end  of 
six  or  seven  weeks.  The  arduous  labor  which  he  has  undergone 
has  alone  brought  the  Chief  Justice  lo  the  very  verge  of  death, 
some  three  or  four  times  since  he  has  been  placed  upon  the  bench, 
one  of  its  mott  illustrious  oraaments.    The  Senator  from  South 


April  18.J 


THE  JUDICIARY  BILL. 


509 


Carolina,  [Mr.  Butleb,]  told  you  of  their  labors,  yesterday.  I 
know  them,  perhaps,  sti'l  more  intimately  than  he  does.  They 
meet  at  eleven  o'clock,  and  hear  arguments  until  four.  They  then 
retire  to  their  rooms;  dine  .it  five;  go  into  consultation  almost 
every  day  at  seven;  sit  until  nine,  ten,  eleven,  or  twelve  at  night. 
In  the  morning,  generally,  their  opinions  are  prepared,  books 
have  to  be  examined,  records  are  to  be  pored  over.  Yes,  sir,  re- 
cords, many  of  them  of  themselves  almost  frighlful  to  look  at, 
even,  with  a  view  to  the  mere  reading,  which  is  absolutely  neces- 
sary, in  order  to  be  certain  that  no  error  is  made — records  of  two, 
three,  foitr,  or  five  hundred  pages  to  be  gone  over  word  by  word — 
authorities  without  number,  owing  to  the  multiplicity  of  reports  to  be 
examined;  and  no  judge  does  his  duty  if  he  does  not  look  at  every 
thing  that  is  exhibited  belbro  him.  Look  at  the  reports  of  their 
decision  Every  term  eives  us  a  volume  of  eigiit  or  nine  hundred 
pages — sometimes  two  volumes,  almost  entirely  the  result  of  their 
own  labors.  Why,  Mr.  President,  how  do  we  feel  here  after  one 
of  our  long  sessions,  lasting  until  seven  or  eight  o'clock  at  night? 
Let  each  one  judge  of  others  as  he  would  have  others  judge  of 
him.  Who  leaves  this  chamber  after  the  excitement  of  a  debate, 
and  particulaily  after  a  long  session,  without  being  mentally  and 
physically  exhausted  ?  Why,  during  our  late  secret  sessions  when 
a  subject  relating  to  a  foreign  negotiation  was  occupying  our  at- 
tention, and  our  sittings  extended  to  eight  or  nine  o'clock  at  night, ^ 
what  was  our  situation  ?  A  judgo  of  the  Supreme  Court  is  oblig- 
ed to  be  up  at  day-bicak,  having  little  or  no  time  for  relaxation  or 
even  sleep.  We  go  to  our  sleep,  and  sleep  long,  and  come  back 
here  only  at  12  o'clock  on  the  following  day,  hnvinsr,  compara- 
tively, no  morning  labor  for  the  body  or  the  mind.  The  labors  of 
a  former  day  finds  us  nevertheless  exhausted,  and  what  have  we 
done  in  comparison  unto  the  labors  of  the  Supreme  Bench  ?  I  say 
it  with  no  reflection  upon  this  body — no  one  holds  in  higher  esti- 
mation than  I  do,  the  intellectual  qualities  of  its  members — but 
what  are  our  labors  compared  with  those  of  the  judges?  They 
are  nothing,  literally  nothing.  I  have  seen  them,  sir,  barely  able 
to  hold  a  pen  in  the  morning,  because  of  the  utter  prostration  of 
the  nervous  system  byjhe  labors  of  the  anteecdent  night.  Yet, 
compelled  to  be  in  court  at  11  o'clock — eoiiipelled  to  take  up  new 
cases  heaped  upon  tiiem  continually,  and  forced  to  go  ihrouiih  the 
same  routine  of  labor  from  day  to  d.ay  until  the  hour  of  final  ad- 
journment arrives.  Sir,  they  deserve  to  be  honored  and  applauded 
instead  of  aspersed.  They  have  not  done  more,  because  thev  can. 
not  do  more.  Sir,  they  are  all,  and  should  bo  all  compnratively 
old  men.  I  do  not  wish  to  sec  young  men  placed  upon  the  bench 
of  such  a  tribunal.  There  is  many  a  crude  thought  in  the  mind  of 
a  young  man  which  the  reflection  of  riper  years  enables  him  to 
see  the  folly  of.  They  ought  to  have  arrived  at  tho  period  when 
man  is  found  to  possess  the  greatest  vigor  of  mind  and  a  matured 
experience.  What  is  the  result  ?  The  mind  has  become  ma- 
tured, but  the  body  has,  in  a  degree,  decayed.  The  physical 
strength  has  been  wasted  whilst  the  mental  power  has  increased. 
No  one  is  able  to  go  through  the  labor  of  sitting  for  ten  or  twelve 
weeks  in  succession,  engaged  in  duties  of  this  description,  without 
suff(;ring  the  exhaustion  which  necessarily  follows.  I  have  heard 
it  intimated,  that  the  business  of  the  court  may  he  somewhat  di- 
minished by  repealing  the  2Sth  section  of  the  judiciary  act,  and 
by  increasing  the  pecuniary  amount  which  can  be  carried  by  a 
writ  of  error  into  the  Supreme  Court.  As  to  the  repeal  of  that 
section  «f  the  Judiciary  act,  I  hope,  sir,  it  may  never  be  done.  It 
is  the  most  conservative  provision  in  the  law.  The  very  Union 
has,  I  am  satisfied,  been  preserved  by  it.  It  would  not  continue, 
in  my  judgment,  even  now  that  most  of  tho  constitutional  ques- 
tions are  supposed  to  be  settled,  twenty  years  without  it  or  with- 
out some  equivalent  substitute.  Such  a  remedy  as  that,  therefore, 
would  be  worse,  ten  thousand  times  worse  than  a  disease.  Any 
evil,  sir,  but  that  most  direful  of  all  evils,  tiie  disruption  of  our 
Union.  Loss  of  freedom  is  alone  to  be  compared  to  the  loss  of 
the  Union.  Nor,  indeed,  can  freedom  be  lost,  if  the  Union  is  in 
good  faith  preserved.  But  if  you  do  both,  that  will  not  get  clear 
of  the  present  evil.  It  is  one  which  cannot  be  obviated  in  any 
other  way  than  by  a  law  authorizing  the  judges  of  that  court  to 
give  their  exclusive  attention  to  the  business  of  the  court  until  it 
is  coivcluded.  At  tho  end  of  the  year,  you  will  find  the  docket 
will  be  entirely  free.  As  a  measure  called  for  imperatively,  in 
order  that  justice  be  done  between  suitors,  then  this  bill  or  some- 
thing like  it  should  pass. 

Mr.  ALLEN. — The  Senator  who  has  just  taken  his  seat,  is  not 
only  an  able  lawyer  by  tlie  common  consent  of  this  whole  country, 
but  be  is  likewise  a  very  adroit  and  skilful  advocate  of  whatever 
he  undertakes  to  defend.  He  is  too  much  so,  not  to  know  tho 
great  advantage  which  that  party  in  every  controversv  has,  who 
can  impress  the  tribunal  with  tlie'belief  tha't  he  has  been  attacked, 
and  that  therefore  he  is  on  the  defensive.  For  that  reason  the  Sen- 
ator from  Maryland  represents  the  Supreme  Court  as  the  object 
of  assault,  and  as  the  object  which  is  therefore  entitled  to  public 
sympathy,  at  the  very  onset  of  the  case.  This  is  skilful.  It  is 
professional.  It  shows  that  the  gentleman  understands  how  to  ad- 
vance and  maintain  the  position  which  he  takes.  But  how  is  it 
that  this  tribunal  has  been  assailed  ?  Who  broucht  it  here  ?  Who 
put  their  ease  upon  the  docket  ?  We  did  not.  'Here  is  one  of  the 
departments  of  this  government,  which  by  its  friends  asks  a  change 
in  its  business.  It  is  a  public  department,  transacting  public  b'u- 
siness,  under  the  laws  of  the  land,  by  which  that  business  is  pre- 
scribed. The  members  of  that  department  come  forward  and 
ask  the  legislative  authority  of  the  country  to  pass  a  law  ex- 


empting them  from  the  performance  of  a  certain  portion  of  their 
duties.  That  is  the  state  of  this  case.  The  reason  assigned 
for  granting  this  request  is,  that  they  are  not  competent  to  dis- 
charge the  duties  prescribed  under  the  present  jaw.  It  is  said 
that  they  have  not  time  to  do  the  business  ol  the  Supreme  Court 
at  Washington  City.  In  answer  to  that,  we  allege  that  they  have 
time,  and  that  by  a  bi'l  passed  three  years  ago,  we  exempted  them 
from  a  portion  of  their  duties. 

Mr.  BADGER. — (In  his  seat,) — Four  years  ago. 

Mr.  ALLEN.— Four  years  ago  by  express  law,  we  exempted 
them  from  a  portion  of  their  duties,  in  order  that  they  might  have 
time  to  attend  to  all  the  business  at  Washington  ;  and  we  now 
ask  why  have  they  not  completed  the  docket?  To  that  ques- 
tion the  honorable  Senator  makes  no  reply,  and  yet  it  is  ilie  turn- 
ing point  in  this  case.  Although  I  am  not  profoundly  skilled  in  le- 
gal matters,  or  legal  advocacy,  having  withdrawn  at  a  very  early 
age  from  that  profession,  and  devoted  myself  to  other  pursuits, 
yet  I  am  enough  of  an  advocate  to  know  where  the  true  point  of 
tho  case  lies,  and  to  hold  the  adverse  party  to  it.  I  therefore  re- 
ply to  the  whole  of  the  argument  of  the  able  Senator  from  Mary- 
land, by  asking  him  again  to  answer  this  question.  Why  did  the 
court  not  dispense  with  the  spring  circuit,  and  sit  six  or  eight 
months  at  Washington,  in  order  to  discharge  this  docket  ?  That 
is  the  main  point  here.  The  court  desire  by  the  present  bill  to  get 
rid  of  the  whole  of  the  circuit  duties  for  one  year.  Now  if  hav- 
ing been  exempted  from  one  half  o(  these  duties  for  three  years, 
the  docket  is  crowded  with  one  hundred  and  sixty  odd  cases,  how 
can  it  be  expected  that  a  total  exemption  from  these  duties  for  one 
year  will  remedy  this  evil  ? 

The  honorable  Senator  from  Maryland  pronounces  a  eulogy 
upon  the  Chief  Justice  ;  in  every  word  of  which  I  acquiesce.  I  am 
no  enemy  to  the  Chief  Justice,  or  any  other  man  on  that  bench.  I 
believe  that  I  voted  to  confirm  a  majority  of  the  members  of  that 
court.  I  stood  by  the  Chief  Justice  when  he  wanted  a  friend. 
When  he  was  in  need  of  a  friend  I  Tras  at  his  back  Then  as  now 
I  was  among  the  foremost  of  his  friends.  I  stood  by  the  other 
judges  of  that  court,  when  they  were  before  this  bodyj  when  tbey 
needed  friends,  and  when  my  absence  would  have  consigned  them 
toother  stations  than  places  upon  the  bench  of  the  Supreine  Court. 
I  stood  by  one  of  these  judges,  when  at  the  hour  of  one  at  night 
it  was  necessary  to  send  the  Scrgeant-at-Arms  to  procure  the  at- 
tendance of  a  sufiicient  number  of  members,  to  obtain  the  confir- 
mation of  his  appointment.  And  now  I  stand  by  all  the  judges, 
.'ind  likewise  by  the  country.  But  I  am  charged  with  assailing 
the  tribunal,  because  I  will  not  give  them  the  power  to  do 
that  which  the  law  already  empowers  them  to  do,  but  which 
they  have  not  done.  Tho  honorable  Senator  from  Maryland 
in  his  great  zeal  to  defend  the  court,  although  not  assailed,  ex- 
pressed the  opinion  that  what  I  have  said  here  amounts  to  a  ehar^e 
of  corruption  against  that  court.  .Such  an  idea  never  entered  my 
mind.  1  had  no  more  idea  of  charging  any  member  of  that  tribu- 
nal with  corruption,  than  I  had  of  charging  tho  Senate  with  cor- 
ruption. But  when  they  come  and  ask  me  to  relieve  them  from 
the  duty  of  attending  circuit  court,  and  at  the  same  time  it  is  plain 
that  they  have  not  released  themselves  from  holdin"  tho  first  cir- 
cuit, though  the  law  authorizes  them  so  to  do,  I  must  ask  them  the 
question,  why  have  you  not  smployed  the  six  or  eisht  months  of 
the  preceding  year  to  discharge  this  docket?  The  law  authorized 
you  to  do  it.  The  honorable  Senator  says  that  the  Chief  Justice 
is  in  favor  of  this  measure.  If  my  memory  serves  me  rii-ht,  I 
think  I  have  soniething_like  a  tolerably  good  reason  to  believe  that 
the  Chief  Justice  is  not  exactly  in  favor  of  this  bill.  I  have  not 
conversed  with  him  upon  the  subject,  but  I  think  I  liave  heard  au 
account  from  other  sources,  that  the  Chief  Justice  is  not  in  favor 
of  the  adoption  of  this  bill. 

Mr.  JOHNSON,  of  Maryland.— I  had  intended  to  say  a  word 
upon  the  point  which  the  Senator  supposes  I  have  r.ot  answered. 
The  act  of  1844  relieves  the  judges  from  attendance  upon  one  cir- 
cuit, but  it  does  not  say  whether  the  spring  or  the  fall  circuit  shall 
be  the  term  from  which  they  are  to  be  exempted.  The  same  act 
makes  it  the  duty  of  the  court  to  be  in  Washington  upon  the  1st 
Monday  in  December.  Well,  some  of  the  circuit  courts  are  held 
at  such  a  distance  from  this  city  that  the  judges  cannot  hold  these 
courts  and  be  here  by  the  first  Monday  in  December.  So  that 
some  of  the  judges  are  compelled  to  pass  by  thafall  circuit,  oblie- 
ing  the  court  to  adjourn  al  such  a  period  as  will  enable  them  to  al- 
tend  the  spring  circuits.  Whilst  up,  if  the  Senator  will  permit,  I 
will  take  occasion  to  read  a  single  sentence  from  a  private  letter, 
which,  in  the  present  circumstances,  I  feel  at  liberty  to  do.  In  a 
letter  dated  in  Baltimore,  on  tho  14tli  of  this  month,  the  Chief  Jus. 
tice  remarks  that  a  Senator  who  had  taken  part  in  this  debate  was 
not  aware  of  the  state  of  business  in  the  Supreme  Court,  and  adds, 
"  I  am  convinced  that  the  public  interests  require  the  passage  oi' 
this  bill,  and  upon  that  account  it  has  always  been,  and  still  is,  my 
earnest  wish  that  the  Senate  pass  the  bill  now  before  them." 

Mr  ALLEN. — In  answer  to  the  explanation  of  the  Senator 
from  Maryland,  that  the  circuit  court  duty  is  arranged  so  as  to  ren- 
der the  act  of  1S44  ineffective,  I  would  say  that  this'bill  ought  to  be 
made  to  amend  that  act  so  as  to  conform  the  circuits  to  the  assem- 
bling of  the  judges.  I  predicated  my  remarks  upon  the  answer 
given  to  the  question  proposed  by  me  "to  the  chairman  of  the  Judi- 
ciary Committee,  who  said  that  there  had  been  but  two  or  thre» 
instances  of  superior  courts  beinp  held  since  the  act  of  '44.  If 
there  be  an  error  then,  the  error  is  not   mine.     If,  however,  the 


510 


THE  JUDICIARY  BILL. 


[Tuesday, 


Senator  was  right  in  the  statement  that  there  had  been  but  one  or 
two  instances  of  more  than  one  term  being  held  in  each  court  since 
this  act  was  passed,  it  is  a  suificient  answer  to  the  argument  of 
the  Senator  from  Maryland,  that  this  act  conflicted  with  the  hold- 
ing of  these  courts.  I  deemed  it  necessary  to  make  these  obser- 
vations without  gomg  into  the  general  matter,  and  would  now 
only  make  one  remark.  When  this  discussion  first  commenced,  I 
saw  what  it  would  lead  to,  and  I  admonished  the  friends  of  this 
bill  and  the  friends  of  this  court,  that  if  they  wished  to  sec  this  tri- 
bunal retam  its  present  organization,  they  should  do  nothing  to  cut 
it  loose  from  its  communication  with  the  States  and  the  people. 
I  stated  to  them  the  circuit  feature  of  the  system  was  the  only  one 
that  connected  the  Supreme  Court  of  the  United  States  with  the 
people  of  the  States;  that  it  was  to  that  extent  something  of  a 
popular  institution,  and  that  upon  that  feature  rested  the  strength 
of  the  popularity  of  the  court  with  the  country,  and  that  the  mo- 
ment they  separated  the  triounal  from  its  intercourse  with  the 
States  and  the  people  of  this  Union,  and  gave  it  a  central,  sepa- 
rate, isolated  existence,  as  a  sort  of  Washington  star  chamber, 
that  moment  they  would  find  the  public  mind  calling  for  a  reform 
in  the  judicial  system.  That  was  the  language  which  I  held  at  the 
beginning  of  this  discussion,  and  everything  that  has  transpired 
since,  confirms  me  in  the  justice  of  that  view. 

Mr.  BUTLER. — For  myself  I  can  speak  of  one  of  the  judges 
of  the  Supreme  Court,  Judge  Wayne.  It  will  be  no  favor  to  him 
to  pass  this  b'll.  He  has  performed  circuit  duty  during  the  last 
fall,  and  I  may  say  the  same  of  several  others.  It  is  not  to  re- 
lieve them  of  circuit  duties,  that  they  desire  the  passage  of  this 
measure.  Whilst  up  allow  me  to  say  that  in  speakinn-  of  the 
nominees  of  the  President,  it  was  entirely  in  reference  to  such  as 
had  been  referred  to  by  the  honorable  chairman  from  the  Commit- 
tee on  the  Judiciary.  He  spoke  of  them  as  unworthy  magistrates 
as  imbecile  and  incompetent.  In  my  remark  I  had  reference  to 
the  observations  of  the  honorable  chairman  himself,  and  I  did  not 
wish  to  be  understood  as  having  gratuitously  made  any  charges 
against  the  character  of  any  gentleman. 

Mr.  BADGER  next  addressed  the  Senate. — He  alluded  to  the 
various  matters  which  had  been  in  his  opinion  unimportant,  which 
had  been   irregularly  brought  forward   in  connection  with  the  bill. 
It  was   solely  with  reference  to   the  merits  of  the  measure  itself 
that  he   desired  to  occupy  a  very  few  moments  of  the  time  of  the 
Senate.     If  any  other  gentleman  designed  to  attribute  corrupt  or 
unworthy  motives  to  the  judges  of  the  Supreme   Court,  he  cer- 
tainly disclaimed  any  such  design,  or  any  sucn  feeling.     His  opposi- 
tion to  the  bill  was  based  upon  the  principle  which  he  had  stated 
in  his  remarks  a  few  days  since.     It  was  because   he  was  in  the 
highest   sense  of  the  term   a  friend  of  the  court,  that   he  opposed 
the  bill.     He  believed  that  it  was  essential  to  the  efficiency  of  that 
court,  that  the  judges  should  attend  to  circuit  duties.  Thel'act  that  the 
exemjition  from  one  circuit  in  the  year  had  not   prevented  the  ac- 
cumulation of  business   in   the    Central    Court,  afforded    abundant 
evidence  that  the  remedy  proposed  by  the  bill  would  be  mcfl"ectual, 
except  upon  the  view  presented  by  his  friend  from  Maryland,  which 
he  would  presently  notice.     If  the  judges  commencing  in  Decem- 
ber had  occupied   that   month,  and  the  five  succeeding  months  in 
the  sessions  of  the  Supreme  Court,  commencing  in  1845,  pursuing 
it  in  1846,  and  continuing  it  in  1847,  it  was  impossible  to  avoid  the 
conviction   that  these  one  hundred    and  sixty  odd  cases  could  not 
have  been  left   upon  the  docket.     Nay,  there  could  not  have  been 
fortv  cases  left  upon  the  docket.     But  it  was   stated  by  the  Sena, 
tor  from    Maryland,  that   by  the   continued    term  of  the  court   the 
judges  became  broken  down  and  exhausted  ih  body  and  mind.     Bo 
it  so — could  they  not   have  taken  relaxation  by  keeping  the  court 
formally  open,  adjourning  from  day  to  day,  for  a  month,  if  necessary? 
Again  it  was  argued   that   some  of  the  fall   circuits  were  so  late 
that  the  judges  could   not  attend  to  them,  and   be  here  in  Decem- 
ber.    Could  there  not  have  been  judges  enough  to  form  a  quorum 
on   the  first    Monday  in   December,  or   suppose   tliat  for   the   first 
fortnight   in  that   month,  they  could  not  attend  to   business,  still 
was  there  not  the  remedy  open  to  themselves  of  continuing  these 
sessions  to  the  spring?     It  was  then,  to  his  mind,  very  evident  that 
the  act  of  1844  might   have  been   adequate  to  relieve  the    docket. 
He  would  be   very  sorry  to  imagine  that  the  judges  were  capable 
of  wilful   neglect  of  their   duties.     He   felt   more    and   more   con- 
vinced of  the  propriety  of  the  views  which  he    had  expressed   the 
other  day,  with   regard  to  their  permission  of  idle  and  unprofitable 
discussion.     He  was  confident  that  all  members  of  the  bar  of  cha- 
racter and  intelligence  would  acquiesce  in  the  adoption  of  any  ride 
by  which   the   arguments   before    the   court   should   be   restrained 
within    due    limits.      As   for   the   denunciations   of    the    press,    to 
which    the    honorable     Senator    had    alluded,    he    thought     that 
was    a    consideration    not     deserving    of    any    attention     in     the 
present    case.      The    judges     had    been     made    independent     in 
order  that  they  might   act  entirely  irrespective  of  any  such  inSu- 
ence.     He   had    heard   nothing    in  the  course  of  the  debate  which 
satisfied  him  that  there  wiis  any  necessity   for   the    passage  of  the 
bill.     The  Senator  from  Kentucky  had  remarked,  that    the  judges 
had  the  power  to  omit  their    circuit    duties,   and  that  this  bill  was 
only  designed  to   comiicl   them   to   do   so.     Certainly   the   judges 
could  not  have  misunderstood  the  purport  of  the  act  of  1844,  which 
was  passed  at  their  instance,  and   which  sulfieiently  expressed  the 
will  of  the  legislature.     It   seemed   to   him  that  the  power  of  the 
court  was  already  ample  to  relievo  it  of  the  iiccuniulatiun  <if  busi- 
Kiness,  and  believing,  as  he  had  already  said,  that  the   natural  and 
obvious  tendency  of  the  measure  uow  before  the  Senate,  if  adopted, 


will  be  the  separation  of  the  judges  from  the  daily  legal  business 
of  the  country — to  shut  them'  out  from  the  view  of  the  people, 
whose  rights  they  dr'ormined— and  to  produce  the  most  delete- 
rious consequences  ;  he,  therefore,  must  vote  against  it. 

Mr.  ASHLEY  then  briefly  summed  up  the  arguments  which  he 
had  advanced  against  the  bill,  and  replied  to  the  objections  which 
had  been  urged  in  its  favor.  The  remarks  of  the  honorable  Sena- 
tor will  be  found  embodied  in  his  speech  on  this  subject,  in  the 
Appendix. 

Mr.  CRITIENDEN.— If  there  were  any  other  consideration 
than  my  anxiety  to  have  a  decision  upon  this  bill,  it  would  induce  me 
to  refrain  from  making  any  lengthened  observations.  I  will  en- 
deavor,  in  a  very  few  calm  remarks  to-day,  to  close  what  I  have 
to  say  upon  the  subject ;  and  I  would  embrace  this  opportunity  to 
say,  that  if  any  of  the  observations  which  I  have  made  in  the 
cour.ss  of  the  debate  on  this  bill,  have  given  ofl^ence  in  any 
quarter,  I  regret  it  very  sincerely.  I  have  "never  seen  a  measure, 
sir,  which  seems  to  me  so  unimportant  and  inconsequential  in  it- 
self, excite  so  much  alarm.  The  bill  does  not  propose  to  alter  or 
change  the  present  federal  judicial  system  of  the  United  States  in 
principle  or  in  the  slightest  degree.  The  measure  is  intended  sim- 
ply, as  one  of  relief — of  temporary  relief — and  has  no  tendency  to 
any  disturbance  of  the  system,  and  yet  it  seems  to  strike  upon  the 
minds  of  wise  men — I  do  not  speak  ironically — with  serious  alarm, 
Well,  what  is  the  bill  which  threatens  to  make  the  Supreme 
Court  judges  exclusively  the  judges  of  that  court,  and  to  lead  to 
the  establishment  of  another  set  of  judges  for  the  performance  of 
circuit  duties  ?  Four  years  ago,  the  Congress  of  the  United  States 
sensible,  that  at  the  ordinary  term  of  that  court,  they  could  not  de- 
spatch the  business,  pass  d  the  law  referred  to  by  the  gentleman 
from  North  Carolina,  providing  that  the  judges  should  omit  one 
circuit,  and  employ  the  time  which  would  have  been  thus  occupied, 
in  the  discharge  of  the  duties  of  the  Supreme  Court,  giving  them 
discretion  in  the  matter.  That  law  has  failed  to  produce  the  in- 
tended effect.  I  charge  the  judges  with  no  neglect  ;  I  vindicate 
them  from  no  charge  of  neglect.  It  is  an  admitted  fact,  that  the 
bill  had  no  sort  of  effect.  • 

It  has  been  argued  that  they  might  have  continued  in  session 
until  all  the  business  was  done,  but  that  is  not  the  meaning  of  the 
law  according  to  my  views 

It  is  argued  that  if  the  judges  had  thought  it  necessary,  or  had 
considered  that  their  Supreme  Court  duties  were  more  important 
than  those  of  the  circuit  court,  they  would  have  continued  their 
session.  The  argument  is  that  it  was  upon  a  sense  of  duty  that 
they  went  to  their  circuits.  I  ask  gentlemen  if  there  is  no  other 
way  of  accounting  for  it?  I  ask  those  gentlemen  especially,  who 
are  desirous  that  indulgence  should  be  extended  to  the  court,  can 
they  not  imagine  that  after  a  session  of  three  months  and  a  half, 
the  judges  may  have  been  so  much  exhausted  as  to  have  felt  them- 
selves incapable  of  continuing  their  labors  in  the  Supreme  Court' 
May  not  this  be  a  reason  of  their  adjournment?  There  may  have 
been  those  among  the  judges  who  thought  it  best  to  go  on  with 
the  business  of  the  Supreme  Court,  but  there  were  others  who 
were  disposed  to  attend  to  their  circuit  duties.  In  this  way  the 
law  has  proved  inoperative — it  has  not  prolonged  the  session  of  the 
court  a  single  hour.  They  adjourn  just  in  time  to  go  to  their  circuits, 
as  before.  It  furnishes  a  cause,  or  apology,  for  adjourning.  The  in- 
utilitv,  then,  of  your  law,  so  long  as  it  leaves  them  a  choice  to 
adjourn  or  not,  at  their  pleasure,  is  apparent. 

What  does  this  bill  propose?  Not  to  give  a  choice  to  the  judges, 
in  the  matter — not  to  make  it  dependent  upon  circumstances 
whether  they  shall  continue  their  labors  in  the  Supreme  Court  or 
not:  but  it  declares  that  they  shall  come  here  and  confine  their 
attention  to  the  duties  of  the  Supreme  Court  until  the  docket  is 
discharged,  if  it  can  be  done  within  the  space  of  one  year.  Now, 
what  objection  can  there  be  to  the  passage  of  such  a  bill?  When 
the  act  of  1844,  to  which  reference  has  been  made,  was  passed, 
there  was  no  such  sensitiveness  manifested;  there  were  none  of 
those  constitutional  arguments  which  we  now  hear;  there  were 
then  no  invectives  against  the  court  The  subject  was  calmly 
considered.  Congress  was  of  opinion  that  a  remedy  was  necessa- 
ry, and  they  determined  to  provide  the  remedy,  by  dispensing  with 
one  term  of  their  circuit  duties.  That  remedy  has  proved  ineffi- 
cient, and  the  reason  is  apparent — because  it  was  left  discretion- 
ary with  the  judges  to  proceed  with  their  Supreme  Court  duties, 
or  not,  as  they  jdeased.  If  yon  wish  to  render  the  remedy  effec- 
tual, say,  in  the  language  of  this  bill,  that  tiie  business  of  the  Su- 
preme Court  shall  receive  their  undivided  attention. 

Gentlemen  argue  that  the  court  can  apply  the  remedy  by  a  cur- 
tailment of  argument,  and  a  strict  application  to  business. — 
Well,  this  is  a  matter  wholly  within  the  discretion  of  the  court, 
and  one  which  we  cannot  well  conlrid.  But  I  should  hope,  now 
that  the  subject  has  engaged  public  attention,  that  a  greater 
cconniiiy  of  time  will  be  practised  when  they  again  meet,  and  I 
have  no  doubt  the  business  of  the  court  will  be  despatched  in  such 
a  manner  as  to  give  entire  satisfiu:tion.  I  believe  the  judges  will 
come  here  anxious  to  accomplish  the  piirfroscs  which  Congress  has 
avowed  to  be  so  desirable.  By  this  bill  Conj'ress  declares  to 
them,  "we  are  not  disposed  to  soperalo  you  Irom  your  circuit 
duties  ;  wo  intend  no  chango  in  the  system  ;  we  intend  only  to 
apply  a  particular  remedy  for  an  existing  evil  ;  we  do  not  want 
the  reproach  to  exist,  that  justice  is  delayed  ;  we  would  have  you 
come  togetlu'r  and  cuntiiuie  in  session  until  this  business  is  trans- 
acted." That  is  the  purport  of  the  bill.  It  is  dechireil  by  all, 
that  there  is  no  intention  to  make  a  permanent  change  in  the  sys- 


April  IS.] 


THE  JUDICIARY  BILL. 


611 


*em  ;  and  yet  there  is  a  singular  sensitiveness,  a  singular  sensi- 
bility on  the  part  of  some  gentlemen  who  are  afraid — who  seem 
determined  to  be  afraid,  that  it  will  lead  to  some  consequences 
that  are  not  reasonably  connected  with  it.  It  is  a  matter  of  mere 
apprehension.  These  are  feelings  that  I  have  no  doubt  are  sin- 
cerely entertained,  but  I  say  to  gentlemen  they  are  fallacious.  I 
feel  so  far  as  regards  my  own  opinion  no  apprehension.  There  is 
no  gentleman  on  this  floor  who  more  regrets  the  existence  of  the 
evil  complained  of  than  I  do,  and  that  is  one  of  the  strongest  rea- 
sons why  I  am  in  favor  of  providing  this  temporary  remedy. 
If  the  business  goes  on  accumulating  as  it  has  done,  what  is  to  be 
the  consequencG  ?  Gentlemen  must  recollect  that  the  business  of 
the  court  is  likely  to  increase  itself  daily.  The  retardation  of  the 
business  becomes  the  motive  for  making  an  appeal  ;  and  if  we  can 
entertain  such  a  supposition  as  that  the  object  is  to  draw  Congress 
into  the  adoption  of  some  chance  in  the  system,  what  better  mode 
could  bo  taken  than  bv  allowing  the  docket  to  increase  ad  infini- 
tum. This  bill  has  for  its  solo  and  exclusive  object  and  purpose 
to  take  away  any  sueh  pretext,  and  to  enable  the  public  business 
to   be   speedily  transacted.    It   is   a  matter   of   no   great   con- 


sequence as  far  as  I  humbly  conceive  to  the  principles  of  the 
government,  or  to  any  principles  touching  our  judicial  system. 
Sir,  I  have  occupied  more  time  than  I  had  intended  ;  I  am  much 
more  anxious  for  the  decision,  in  order  that  we  may  have  done 
with  the  question,  than  for  anything  else. 

The  question  was  then  taken  by  yeas  and  nays,  and  was  deter- 
mined as  follows  : 

VF.AS — Messrs.  Bell,  Berrien.  Broese.  Butler,  Crittenden.  Davis,  of  Massachnsetta. 
Greene.  Hannepan,  Hunter,  Jotinson,  of  Maryland,  Mangum,  Mason,  Miller.  Phclpa, 
Rusk,  Underwood,  Upham — 17. 

NAYS— Messrs.  Allen,  Ashley,  Atherfon,  Badger,  Bagliy.  Benton.  Briclit, 
Calliotin,  Cameron,  Cass,  Corwin,  Davis,  of  Mississippi,  Dix,  Felch,  Foote,  Hale, 
Houston,  Johnson,  of  Georgia,  Lewis,  Moor,  Niles,  Spniance,  Turney — 23. 

Mr.  BADGER  then  gave  notice  that  he  should  move  to  go  into 
Executive  business  to-morrow  at  one  o'clock,  on  a  matter  that 
was  of  some  importance. 

On  motion, 
The  Senate  adjourned. 


512 


PETITIONS— RESOLUTIONS,  ETC. 


[Wednesday, 


WEDNESDAY    APRIL  19.  1848. 


PETITIONS. 

Mr.  NILES  presented  the  petition  of  William  Pennoyer,  a  re- 
volutionary soldier,  praying  to  be  allowed  a  pension  ;  which  was 
referred  to  the  Committee  on  Pensions. 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  John  S.  Harris  have  leave  to  withdraw  hif  peti- 
tion and  papers. 

CUBA  VESSELS. 

Mr.  WESTCOTT  submitted  the  following  resolution  for  con- 
sideration ;  which  was  ordered  to  be  prmled  : 

Resa/vcil.  Tli.it  tlie  Committee  on  Finance  be  iiistrueted  to  bring  in  a  bill  repeahng 
"An  act  conceriiinp  tonnage  (]iitv  on  Spanish  vessels."  passed  Jane  30.  Jfl44.  or  to 
modify  the  said  act  so  as  to  allow  Spanish  vessels  from  Culia  to  trade  between  that  Is- 
land and  any  port  of  the  United  States  upon  the  same  footing  as  to  tonnage  duties,  as 
the  vessels  of  other  foreign  countries  are  allowed  to  trade  between  the  ports  of  their 
conntry  and  the  port^  ot  the  I.'nited  States. 

NOTICE    or   A    BII.I.. 

Mr.  HALE  gave  notice  that  on  to  morrow  he  will  ask  leave  of 
the  Senate  to  introduce  a  bill  relating  to  riots  and  unlawful  assem- 
blages in  the  District  of  Columbia. 

EVANs'  SAFETY  RUAKD. 

Mr.  DIX,  from  the  Committee  on  Commerce,  to  whom  was  re- 
ferred the  petition  of  citizens  of  the  United  States,  praying  that 
all  steam  vessels  may  be  compelled  to  carry  "Evans'  safety  guard," 
submitted  a  report,  which  was  ordered  to  be  printed. 

The  Senate  proceeded  to  consider  said  report,  by  unanimous 
consent,  and  in  concurrence  therewith,  it  was 

Ordered,  That  the  Committee  be  discharged  from  the  further 
consideration  of  the  petition. 

WASHINGTON    GAS    LIGHT  COMPANY. 

Mr.  CAMERON,  from  the  Committee  on  the  District  of  Co- 
lumbia, to  whom  was  referred  the  petition  of  J.  F.  Callan  and 
others,  reported  a  bill  to  incorporate  the  Washington  Gas  Light 
Company  ;  which  was  read  and  passed  to  the  second  reading. 

INSURANCE    COMPANY    AND    SAVINGS    INSTITUTION. 

Mr.  CAMERON,  from  the  same  Committee,  to  whom  was  re- 
ferred the  bill  to  incorporate  the  Washington  Mutual  Insurance 
Company  and  Savings  Institution,  reported  it  without  amendment. 

ADVERSE    REPORTS. 

Mr.  UNDERWOOD,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  petition  ol'  Richard  P.  Dove,  ."iuhmitted  an  ad- 
verse report;  which  was  ordered  to  be  printed. 

Mr.  WESTCOTT,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  petition  of  John  S.  Harris,  late  deputy  collector 
at  Providence,  Rhode  Island,  submitted  an  adverse  report;  which 
was  ordered  to  be  printed. 

GRADUATION    BII-L. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  to  reduce  and  graduate  the  price  of  the  public  lands, 
and  for  other  purposes;  and 

On  motion  by  Mr.  BREESE,  it  was 

Ordered,  That  the  further  consideration  thereof  be  postponed 
to,  and  made  the  order  of  the  day  for,  Monday,  the  first  day  of 
May  next. 

ILLINOIS    RAIL    r.OAD. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  granting  to  the  State  of  Illinois  the  right  of  way 
and  a  donation  ol  public  land  for  making  a  railroad  connecting  the 
Upper  and  Lower  Mi.ssissippi  with  the  chain  of  Northern  Lakes 
at  Chicago;  and 

On  motion  by  Mr.  DOUGLAS,  it  wai 

Ordered,  That  the  further  consideration  thereof  be  postponed  to, 
and  made  the  special  order  of  the  day  for,  Wednesday,  the  3d  day 
of  May  next. 

CHANGE    OF    NAME. 

On  motion  by  Mr.  BERRIEN,  the  prior  orders  were  suspended 
and  the  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  from  the  House  of  Representatives  to  change  the 
name  of  Photius  Kavasales  to  that  of  Photius  Fisk. 

Mr.  ASHLEY. — It  is  not  my  intention  to  offer  any  formal  op- 


position to  this  bill,  but  merely  to  state  the  objection  I  entertain' 
which  is  this — I  think  the  act  is  entirely  unnecessary.  I  have  no 
doubt  tkat  this  individual  has  now  full  authority  bv  law  to  change 
his  name  if  he  pleases  ;  to  legislate  therefore  is  idle.  It  was  for 
this  reason  that  I  opposed  this  bill  in  committee. 

Mr.  BERRIEN.— This  bill  finds  a  precedent  in  the  action  of 
Congress  in  relation  to  one  of  the  commanders  of  the  American 
navy.  The  indiviiual  who  is  an  applicant  here,  is  a  citizen  of  the 
District  of  Columbia.  He  is  a  Chaplain  in  the  navy,  and  from  the 
circumstance  of  his  being  an  orphan  boy — having  become  so  at  the 
age  of  four  or  five  years— he  was  adopted  and  educated  by  an 
American  missionary,  whose  name  he  now  asks  to  adopt,  as  an  evi- 
dence of  his  gratituilo.  Since  it  finds  precedents  in  former  legis- 
lation— since  it  can  be  attended  with  no  injury  to  any  body — since 
it  is  to  gratily  a  feeling  laudable  In  itself,  I  hope  the  bill  will  be 
allowed  to  pass. 

No  amendment  being  mtide,  the  bill  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time,  by  unanimous  consent. 

Ke-solved,  That  this  bill  jiass.  and  that  the  title  thereof  be  as  afoiesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

COUNTY    SEAT    IN    FLORIDA. 

On  motion  by  Mr.  UNDERWOOD,  the  prior  orders  were 
postponed,  and  the  bill  to  confirm  the  location,  and  grant  a  quar- 
ter section  of  the  public  land  for  the  county  :;itc  of  Hillsborough 
county,  State  of  Florida,  was  read  the  second  time  and  considered 
as  in  Committee  of  the  Whole,  and  no  amendment  being  made,  it 
was  reported  to  the  Senate. 

Ordered,  That  it  bo  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time,  by  unanimous  consent. 

R'so/vecl.  That  this  bill  pass,  and  that  the  title  thereof  be  asafoiefiaid. 

Ordered,  That  the  Secretary  request  the  concurrence .  of  the 
House  of  Representatives  in  this  bill. 

MESSAGES  FROM  THE   HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President :  I  am  directed  to  inform  the  Senate  that  a  motion  has  been  made  to- 
day, untler  a  rule  of  the  House,  to  reconsider  the  vote  of  the  House  on  yesterday, 
paising  the  Senate's  bill  entitled  "An  act  in  amendment  of  an  act,  entitled 'An  act 
to  amend  the  actpuiitled  'An  act  to  reduce  the  rates  of  postage,  to  limit  the  use  and 
correct  the  abuse  of  the  franking  privilege,  and  for  the  prevention  of  frauds  on  the  rev 
enues  of  the  Post  Office  Department,'  )>assed  the  3d  of  March,  1845,''  with  amend- 
ments, and  which  was  yesterday  transmitted  to  the  Senate,  and  respectfully  to  request 
the  return  of  -aid  bill  arid  amendments  to  the  House  for  the  action  of  the  said  motion 
to  reconsider. 

On  motion  by  Mr.  BADGER,  it  was 

Ordered,  That  the  Committee  on  the  Post  Office  and  Post 
Roads  be  discharged  from  the  further  consideration  of  said  bill  and 
amendments. 

On  motion  by  Mr.  BADGER,  it  was 

Ordered,  That  the  Secretary  return  said  bill  and  amendments  to 
the  House  of  Representatives  agreeably  to  the  requ^t  of  that 
House  communicated  this  day. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President  .  The  House  of  Representatives  have  passed  an  act  to  authonze  the 
citizens  of  Ozark  county,  Missouri,  lo  enter  less  than  a  quarter  section  of  land  for  the 
seat  of  justice  in  said  county;  in  which  they  request  the  concnrience  of  the  Sen,ite. 

The  said  bill  was  road  the  first  and  second  times,  by  unanimous 
consent,  and  it  was 

Ordered,  That  it  be  referred  to  the  Committee  on  Public 
Lands. 

THE    SPECIAL    ORDER. 

Mr.  ASHLEY  moved  that  the  Senate  proceed  to  the  considera- 
tion of  the  special  order  of  the  day;  being,  ho  remarked,  the  bill 
to  carry  into  cU'ect  certain  provisions  in  the  treaties  between  the 
United  States  and  China  and  the  Ottoman  Porte. 

Mr.  BADGER. — I  shall  not  oppose  the  motion  if  the  subject 
does  not  lead  to  debate.  If  it  does,  I  will  move  that  it  be  passed 
over  in  order  that  I  may  make  the  motion,  of  which  I  apprised 
the  Senate  yesterday,  to  go  into  Executive  session., 

Mr.  ASHLEY. — I  hope  that  the  special  order  will  be  taken  up: 
it'oan,  if  there  should  be  debate,  be  passed  by  informally. 


April   19. | 


DIPLOMATIC  RELATIONS  WITH  CHINA,  ETC. 


513 


Mr.  CASS.— I  hope  it  will  not  be  taken  up.  There  is  otber 
business  which  ounht  to  precede  it.  The  bill  for  rnising  volunteers 
has  been  long  tlel'erred. 

Mr.  HALF,.— I  would  like  to  be  informed  by  llio  honorable  Se- 
nator from  Michigan,  if  ho  has  heard  any  news  from  Mexico  which 
makes  It  expedient  or  neeessiuy  to  pass  that  bill  ?  Is  the  conntry 
■  lent  danger  in  case  it  is  not  passed  ?     Is 


threatened  with  any  imminent  dange  _ 

there  likely  to  be  an  invasion  of  this  country  by  Mexico  ? 

Mr.  CASS,  (jocularly.)- There  may  be  to. morrow  or  the 
next  day  .if  this  bill  is  not  passed. 

Mr.  ASHLEY.— This  bill  was  made  the  special  order  some 
weeks  ai^o,  and  I  have  been  endeavoring,  from  lime  to  time,  to 
bring  it  up.  It  is  a  matter  which  is  deemed  of  very  considerable 
importaneo  by  the  administration,  that  the  action  ol  Congress 
should  be  had'npoii  this  bill,  or  some  one  of  a  similar  character, 
in  order  ihat  it  may  be  sent  out  by  the  vessel  which  the  govern- 
ment is  about  to  despatch  to  China. 

The  motion  of  Mr.  Ashley  was  agreed  to. 

NEW  YORK  AND  NEW  ORLEANS  STEAMERS. 

The  VICE  PRESIDENT  announced    that  the   special  order  of 

the  dav  was,  the  bill  extending  privileges  to  American  vessels  en- 
gaged'in  a  certain  mentioned  trade,  and  for  other  )iurposes;  and 
that  the  question  was  upon  ordering  it  be  eni;rossed  and  read  a 
third  time. 

Mr.  ASHLEY.— That  is  not  the  bill  to  whieli  my  motion  re- 
fers, but  I  have  no  objection  to  taking  it  up  for  the  purpo.se  of 
having  the  vote  of  the  Senate  upon  it,  provided  there  be  no  debate. 

The  VICE  PRESIDENT  stated  that  the  bill  was  the  fir.st  spe- 
cial order,  as  unfinished  business. 

Mr.  HALE.— This  bill  was  postponed  at  my  request.  I  havo 
since  examined  it,  and  have  no  objection  to  it  ;  I  hope  it  will  pass. 

The  consideration  of  the  bill  having  been  resumed,  it  was 
Ordered,  That  it  be  engrossed  and  read  the  third  time. 
The  said  bill  was  read  a  third  tunc,  by  unanimous  consent. 
Resolved,  Thai  tliis  bill  pass,  sml  thai  tlia  lille  thereof  be  as  aroiesaid. 
Ordered,  That  the   Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

JUDICIAL   POWERS  TO    MINISTERS  AND  CONSULS. 

The  VICE  PRESIDENT  announced  that  the  second  special 
order  was  the  bill  to  carry  into  effect  certain  provisions  in  the  trea- 
ties between  the  United  States  and  China,  and  the  Ottoman  Porto, 
giving  certain  judicial  powers  to  Ministers  and  Consuls  of  the 
United  States  in  those  countries. 

The  bill  having  been  partially  read^ 

Mr.  DAVIS,  of  Massachusetts. — I  suggest  to  the  honorablo 
chairman  of  the  Judiciary  Committee  the  inexpediency  of  reading 
this  bill  further.  He  was  kind  enough  a  few  days  since  to  ask  my 
opinion  in  regard  to  it,  and  I  feel  bound  to  declare  to  the  Senalo 
that  I  <viii  entirely  convinced  that  it  will  require  very  considerable 
amendment  before  the  bill  can  be  made  to  answer  the  purpose  for 
which  it  is  designed.  It  relates  to  a  matter  of  great  delicacy 
and  of  vast  importance,  and  it  involves  greater  dillicultios  than  1 
was  aware  of  until  I  examined  into  it.  It  is  simply  an  attempt  on 
.  our  part,  under  the  treaty  with  the  empire  of  China,  to  extend 
The  jurisdiction  and  laws 'of  the  United  States  over  onr  citizens 
and  other  persons  there  to  some  extent  by  establishing  a  judicial 
system  of  our  own  within  the  territory  of  China.  It  is  a  very 
cumpliealcd  and  delicate  subject,  and  one  dilVieult  to  be  disposed 
of.  I  Imvc  been  in  conference  with  my  friend  the  Senator  from 
South  Carolina  in  regard  to  this  subject,  and  I  believe  that  he  con- 
curs with  me  in  thinking  it  a  dillicuit  and  complicated  subject.  I 
trust,  however,  there  are  no  insuperable  difficulties,  and  that  a 
bill  may  be  framed  to  answer  the  purpose  designed  to  be  accom- 
plished by  this  bill,  but   it  should  be  dono  with  much  care  and  de- 

30th  Cong. — 1st  Session — No,  65. 


liberation.  I  hope  the  honorablo  chairman  of  the  Judiciary  Com- 
mittee will  allow  us  a  little  more  time  to  consider  of  the  matter, 
and  consent  that  the  bill  be  postponed  until  a  future  day. 

Mr.  ASHLEY. — I  did  not  intend,  when  I  made  the  motion  to 
take  up  this  bill,  to  insist  upon  the  immediate  action  of  the  Senate 
upon  it.  I  am  aware  of  the  didiculiy  which  surrounds  the  case, 
and  the  more  I  have  examined  it  the  more  I  have  been  convinced 
of  the  difficulty.  My  purpose  was  this:  It  will  be  recollected  that 
a  bill  passed  the  House  of  Representalives  last  year  and  received 
the  unanimous  recommendation  of  the  Committee  on  the  Judiciary 
of  the  Senate,  but  it  failed  to  receive  the  action  of  this  body  in 
consequence  of  being  deferred  until  too  late  a  period  of  the  session. 
1  havo,  on  several  occasions,  endeavored  to  bring  the  subject  up 
for  consideration  without  being  able  to  succeed,  and  in  order  to  do 
every  thin"-  thing  that  I  possibly  could  to  prevent  delay,  I  havo 
procured  the  pro'ceedings  of  the  British  government  in  relation  to 
this  matter,  and  all  the  documents  that  have  a  bearing  on  this  sub- 
ject, and  have  had  them  placed  in  the  possession  of  every  Senaior. 
All  that  I  desire  now  is  to  have  the  bill  placed  in  such  a  position 
upon  the  calendar,  that  it  may  be  proceeded  with  from  day  to  day 
until  it  is  completed,  for  if  wo  do  not  act  upon  the  aibjcet  soon  we 
may  reasonably  expect  an  inloiruption  to  our  trade  in  that 
quarter. 

Mr.  DAVIS. — I  hope  the  honorable  Senator  does  not  suppose 
that  I  have  the  slightest  inclination  to  delay  the  consideration  of 
this  bill.  Isee  the  necessity  there  is  for  the  passage  of  some  law 
of  this  kind,  but  I  see  also  the  difficulties  that  exist.  I  havo  not 
been  able  to  mature  my  own  views  in  regard  to  it,  and  am  not  at 
all  prepared  to  enter  into  the  discussion  of  it  at  this  time. 

Mr.  BUTLER. — I  have  investigated  this  subject,  as  w-ell  as  the 
documents  with  which  I  was  furnished,  enabled  mo  to  do,  and  I 
have  become  satisfied,  that  it  is  essentially  reipiisite  that  any  enact- 
ment that  we  may  make  in  regard  to  it,  should  be  well  matured. 
The  purpose  of  thd  bill  is  to  make  a  code  of  laws  for  our  citizens 
in  China,  a  code  to  be  administered  by  persons  who  are  not  law- 
vers.  It  is  a  matter  then  which  requires  caution.  I  hope  that  a 
ilav  will  bo  set  apart  for  its  consideration,  and  that  every  Senator 
who  takes  an  interest  in  tlio  subject,  will  bo  present  when  it  is 
considered. 

Mr.  B,\DGER  —I  hope  the  bill  will  be  passed  by  informally, 
but  before  I  make  a  motion  to  that  etTect,  I  beg  to  suggest  to  the 
honorable  Chairman  of  the  Judiciary  Committee,  that  there  is  a 
very  serious  difficulty  at  the  very  commencement  of  the  formation 
of  such  an  enactment  as  this.  The  ruls  by  which  it  is  proposed 
by  this  bill,  that  contracts  shall  bo  decided,  and  crimes  punished, 
is  the  common  law,  and  the  statute  law  of  the  United  Slates. 
Now  it  is  perfectly  well  known,  that  the  United  States  has  no  com- 
mon law  of  its  own. 

I  move  that  the  bdl  be  passed  by  informally. 

„Mr.  ASHLEY. — It  would  bo  better  to  havo  .•-oniB  day  fixed  for 
its  consideration. 

Mr.  BADGER.— I  havo  no  objection  to  that. 

Mr.  DAVIS. — X  suggest  to  the  honorable  Chairman  that  I  could 
probably  submit  such  views  as  I  entertain  upon  the  subject  as  60on 
as  Monday  next. 

Mr.  ASHLEY. — I  am  quite  willing  that  it  should  be  postponed 
until  Monday  next,  and  then  made  the  special  order  of  the  day. 

On  motion  by  Mr.  ASHLEY,  it  was 

Ordered,  That  the  further  consideration  of  said  bill  be  post- 
poned to,  and  made  the  order  of  the  day  for,  Monday  next,  the 
24th  instant. 

EXECUTIVE     SESSION. 

On  motion  by  Mr.  BADGER,  the  Senate  proceeded  to  ths 
consideration  pf  Executive  business,  and  after  some  time  spent 
therein,  the  doors  were  opened  and, 

The  Senate  adjourned. 


514 


BILL  RELATING  TO  RIOTS,  ETC., 


[Thursday,     i  « 


THURSDAY,  APRIL  20,  1848. 


EESOLUTION    Or    THE    LEGISLATURE  OF    MISSISSIPPI. 

Mr.  DAVIS,  ol'  Mississippi,  presented  a  resolution  passed  by 
tlie  Legislature  nltliat  State,  a)iprovin<T  the  measures  adopted  liy 
the  government  in  the  prosecution  of  the  war  with  Mexico,  and  in 
favor  of  the  adoption  ol' measures  for  its  speedy  termination;  which 
was  laid  upon  the  table  and  ordered  to  be  printed. 

PETITIONS. 
Mr.  DIX  presented  a  petition    of  citizens  of   the  United  Stales 
prayins  that  ihe  process  of  ventilating  passenger  ships  may  not  be 
confined,  by  law,  to  the  use  of  any    particular    apparatus;  which 
•was  referred  to  the  Committee  on  Commerce. 
On  motion  by  Mr.  BELL,  it  was 
Ordered,  That  the   Committee  on   Indian  Affairs  be  discharged 
from  the  further  consideration  of   the    memorial    of  the   Western 
Cherokee  Indians. 

TERRITORY    OF    MIN.\S0T..V. 

Mr.  DOUGLAS,  from  the  Committee  on  Territories,  to  whom 
was  referred  the  bill  to  establish  the  territorial  government  ol 
Minasota,  reported  it  without  amendment. 

The  Senate  proceeded  to  consider  said  bill;  and 
On  motion  by  Mr.  DOUGLAS,  it  was 

Ordered,  That  the  further  consideration  thereof  be  postponed  to, 
and  made  the  special  order  of  the  day  for,  Wednesday,  the  26th 
instant. 

TERRITORY    OF    NEBR.1SKA. 

Mr.  DOUGLAS,  from  the  Committee  on  Territories,  to  whom 
was  referred  the  bill  to  establish  the  territory  of  Nebraska,  re- 
ported it  without  amendment. 

The  Senate  proceeded  to  consider  said  bdl;  and 
On  motion  by  Mr.  DOUGLAS,  it  was 

Ordered,  That  the  further  consideration  thereof  be  postponed  to, 
and  made  the  special  order  of  the  day  lor,  Wednesday,  the  2Gth 
instant. 

TERRITORY    OF    OREGON. 

On  motion  bv  Mr.  DOUGLAS,  the  prior  orders  were  post- 
poned, and  the' Senate  proceeded  to  the  consideration  ol  the<tiill 
to  establish  the  territorial  government  of  Oregon;  and  it  was 

Ordered  That  the  further  consideration  thereof  be  postponed 
to,  and  made  the  special  order  of  the  day  for,  Wednesday,  the  26th 
instant. 

THE    SUPREME    COURT. 

Mr  BADGER,  by  unanimous  consent,  asked  and  obtained 
leave  to  brin"  in  a  bill  to  promote  the  despatch  of  business  in  tlie 
Sum-eme  Coiirt  and  to  repeal  the  2d  section  of  the  act  approved 
June  I7th,  1S44,  entitled  "  An  act  concerning  the  Supreme  Court 
of  the  United  States;"  which  was  read  the  lirst  and  second  times, 
liv  unanimous  consent,  and  referred  to  the  Committee  on  the  Ju- 
diciary. 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  was 

Ordered,  That  said  bill  be  printed. 

THE    CALIFORNIA    CLAIMS. 

On  motion  by  Mr.  BENTON,  it  was 
Ordered,  That  the  amendments  reported  by  the  Committee  on 
Military  Affairs  to  the  bill  for  ascertaining  and  paying  the  Califor- 
nia  C'liums,  be  printed. 

MESSAGE    FROM    THE    PRESIDENT. 

The  Ibllowiiig  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary  : 

Mr  rtojiili-nt:  The  Pifsiilplit  of  tlie  United  Smtes  :i|i|iiiiveil  ami  sii;ni'il.  llie  lOlli 
io.taiit,  Ihe  actio  authorise  llie  h«iiiiig  ot  a  register  in  Hi.-  hci;  fnl Ilo. 

ADJOURNMENT    OVER. 

On  motion,  it  was 
Ordered,  That  when  the  Senate  adjourn,  it  be  to  Monday  next. 

PROTECTION    OF    PROPERTY    IN    THE    nt.lTRIC'T    OF    COLUMBIA. 

Agreeably  to  notice,  Mr.  HALE  asked  leave  to  introduce  a 
bill  relatin"  to  riots  and  unlawful  assemblies  in  the  District  of  Co- 
lumbia. 

Mr.  HALE.— I  with  to  make  a  single  rgmRik,  in  order  to  call 


the  attention  of  the  Senate  to  the  necessity  of  adopting  the  legisla- 
tion proposed  by  this  bill.  The  bill  itself  is  nearly  an  abstract  of 
a  similar  law  now  in  force  in  the  adjoining  State  of  Maryland;  and 
also  in  many  other  States  of  the  Union.  The  necessity  for  the 
passage  of  the  bill  will  be  apparent  to  the  Senate  from  facts  which 
are  probably  notorious  to  every  member  of  the  body.  Within  the 
present  week  large  and  riotous  assemblages  of  people  have 
taken  place  in  this  District,  and  have  not  only  threatened  to  carry 
into  execution  schemes  utterly  subversive  to  all  law,  with  respect 
to  the  rights  of  property,  but  have  actually  carried  these  threats 
into  execution,  alter  having  been  addressed,  upheld,  and  counte- 
nanced by  men  of  station  in  society,  whose  character  might  have 
led  us  to  suppose  that  they  would  have  taken  a  different  course, 
and  given  wiser  counsels  to  those  whom  they  addressed.  It  seems 
to  me,  then,  that  we  have  approaclied  a  time  when  the  decision  is 
to  be  made  in  this  capitol,  whether  mob-law  or  constitutional  law 
IS  to  reign  paramount.  The  bill  which  I  now  propose  to  introduce 
simply  makes  any  eitv,  town,  or  incorporated  place  within  the 
District,  liable  for  all  injuries  done  to  property  by  riotous  or  tumul- 
tuous assemblages.  Whether  any  further  legislation  on  the  part 
of  Congress  will  be  necessary,  time  will  determine.  But  I  may 
be  permitted  to  say,  that  at  the  present  moment  we  present  a  sin- 
cular  spectacle  to  the  people  of  this  country  and  to  the  world. 
The  notes  of  congratulation  which  this  Senate  sent  across  the  At- 
lantic to  the  people  of  France  on  their  deliverance  from  thraldom, 
have  lardly  ceased,  when  the  supremacy  of  mob  law  and  the  de- 
struction of  the  freedom  of  the  press  are  threatened  in  this  capital 
of  the  Union.  Without  further  remark,  I  move  that  this  bill  be 
referred  to  the  Committee  on  the  Judiciary. 

Mr.  BAGBY. — I  rise  for  the  purpose  of  giving  notice  that 
whenever  that  bill  shall  be  reported  by  the  committee — if  it  ever 
should  be — I  shall  propose  to  amend  it  by  a  section  providing  a 
sufficient  penalty  for  the  crime  of  kidnapping  in  this  District.  I 
was  struck  by  a  remark  made  by  the  Senalor  from  New  Hamp- 
shire. He  adverts  to  the  rejoicing  of  the  people  of  this  country  at 
the  events  now  in  progress  in  Europe,  and  thence  infers  that  the 
slaves  of  this  country  are  to  be  permitted  to  cut  the  throats  of  their 
masters.     I  shall  certainly,  sir,  attend  to  this  subject. 

Mr.  HALE.— To  avoid  misapprehension  I  purposely  abstained 
from  saying  a  word  in  legard  to  any  thing  that  might  even  be  sup- 
posed to  lie  beyond  thP  ease  which  It  is  the  object  of  this  bill  to 
meet.  I  did  not  make  the  most  distant  allusion  to  slavery.  1  re- 
frained from  it  purposely,  because  I  wanted  to  present  to  the  con- 
sideration of  the  Senate  the  simple  question  of  the  integrity  of  the 
law  and  the  rights  of  property  unembarrassed  by  considerations  of 
the  character  alluded  to  by  the  honorable  Senator  from  Alabama. 
I  shall  cordially  unite  w'ith  that  honorable  Senator  in  favor  of 
a  law  against  kidnapping;  because,  if  I  am  correctly  informed 
by  individuals  upon  whose  testimony  I  place  the  most  implicit 
credit,  one  of  the  most  outrageous  cases  of  kidnapping  was 
committed  within  sight  of  this  Capitol,  no  longer  ago  than  yes- 
terday, and  that  too  in  the  case  of  an  individual  having  in  his 
pocket  an  injunction  issued  by  the  highest  judicial  authority  in  this 
district,  the  Chief  Judge  of  the  circuit  court,  restraining  all  per 
sons  from  molesting  him.  Yet,  in  violation  of  that  injunction,  he 
was  forcibly  seized,  not  only  without  law,  but  against  law — not 
only  in  utter  neglect,  but  in  flagrant  contempt  of  the  most  sacred 
guaranties  of  the  constitution.  This  outiage  was  perpetrated 
within  the  limits  of  the  r.ity,  in  the  very  neighborhood  of  tliis  Cap- 
itol. I  will  go  then  with  the  Senator  from  Alabama  heart  and 
hand  in  the  adoption  of  any  legislation  fcu"  the  prevention  of  such 
out  races  ;  but  I  must  say,  that  that  is  very  foreign  to  the  object 
of  the  bill  which  I  have  introduced. 

Mr.  BENTON. — There    is  some  very  pressing  business  await- 
ing the  aciiiiii  of  the  Senate,  and  I  do  not  know  thai  the  remarks 
■  which  have  been  made  are  applicable    to  any   motion   pending  at 
present.     May  I  ask  if  there  be  any  qnestion  pending  ? 

The  PRESIDING  OFFICER.— The  question  is,  "SImll  the 
Senator  from  New  Hampshire  have  leave  to  introduce  his  bill  V 

Mr.  CALHOUN.— What  is  the  bill  ? 

The  PRESIDING  OFFICER.— The  bill  will  be  read. 

The  Secretary  then  read  the  bill  which  is  as  follows  : 

A  Bill  relating  to  riots  and  tnilawt'ul  assemlilies  in  llie  District  of  Columbia  : 

ilrit  enartcit,  &LC. — Tliat  from  .inil  after  tlie  passage  of 'this  act.  tliaf  if  in  anT 
county  or  im'0r|ioiatc»l  town  or  city  of  the  District  of  Colnmliia,  anv  clinrcli.  clia^wf, 
convent,  or  otlicr  liouse.  used,  oceujiicd  or  intended  for  religious  woniiiip,  any  dwelling 
house,  any  house  or  huilding,  used  or  desifjued  by  any  iierson.  or  body  politic,  or  cor- 
poration, as  a  pl.nce  for  the  transaction  of  liusiuess,  or  deposite  of  property,  any  ship  oi 
vessel,  sliip  yard,  or  lumber  yard,  any  barn,  stable  or  other  ont-Iiouse.  or  any  nrticlet 
of  personal  property,  shall  l>e  iiiiuied  or  destroyed,  or  if  any  pro|)erIy  therein  or  there- 
on, shall  be  taken  away,  injured  or  destroyed,  by  any  riotous  or  tumultuous  n.ssein- 
blaire  of  jteople,  the  full  anmuut  of  the  dania^re  so  done  shall  be  recovered  by  the  suf- 
ferer or  sufferers,  by  suit  at  law  .against  tlie  county,  town  or  city,  witjfiu  whose  jnris- 
dicliou  such  not  or  tumultuous  assernUlat'e occurred. 


Apkil  20.] 


IN  THE  DISTRICT  OF  COLUMBIA. 


51 


Section  9.— .Siirf  be  it  fnrtkcr  enacted.  Tliat  in  »ny  suit  instituted  unifer  this 
■cl.  the  jilaintifTor  pbintiRs  may  ileclare  generally,  and  give  the  special  matter  in 
evidence. 

Mr.  CALHOUN.-^I  .suppose  no  Senator  can  mistake  the  oIj- 
jeet  of  this  bill,  and  the'occurrence  which  has  leil  to  its  inlroduc- 
"lion.  Now,  sir,  I  am  amazed  that  even  tlic  Senator  from  New 
Hampshire  should  have  so  little  rej;ard  for  the  laws  and  the  con- 
stitulioii  of  the  onuntry,  as  to  introduce  such  a  bill  as  this,  witliout 
inchidinp;  in  il  the  enactment  of  the  severest  penalties,  against  the 
atrocious  act  which  has  occasioned  this  excitement.  Sir,  ge"'!^- 
men,  it  would  seem,  have  at  last  come  to  believe  that  the  Southt^rn 
people  and  Southern  members  have  lost  all  sen.sihility  or  feeling 
upon  this  subject.  I  know  to  what  this  leads.  I  have  known  for 
a  dozen  of  years  to  what  all  this  is  tendiu;;.  When  this  subject 
was  first  agitated,  I  said  to  my  friends,  there  is  but  one  ciuestion 
that  can  destroy  this  Union  and  our  institutions,  and  that  is,  this 
very  slave  question,  lor  I  chnose  to  speak  of  it  directly.  I  said 
farther,  that  the  only  way  by  which  such  a  result  coidd  be  pre- 
vented, was  by  prompt  and  efficient  action— that  if  the  thmgwere 
permitted  to  go  on,  and  the  constitution  to  be  trampled  on— that 
if  it  were  allowed  to  proceed  to  a  certain  point,  it  would  be  beyond 
the  power  of  any  man  or  any  combination  of  men  to  prevent  the 
result.  We  are  approaching  that  crisis,  and  evidence  of  it  is  pre- 
.•^ented  by  the  fact,  that  such  a  bill  upon  such  an  oecurrenee,  should 
be  brought  in  to  repress  the  just  indignation  of  our  people  from 
wreakin'g  their  vengeance  upon  the  atrocious  perpetrators  of  these 
crimes  o"  those  who  contribute  to  them,  without  a  denunciation 
of  the  cause  that  excited  that  indignation.  I  cannot  but  trust, 
that  I  do  not  stand  alone  in  these  views. 

I  have  for  so  many  years  raised  my  voice  upon  this  subject,  that 
I  have  been  considered  almost  the  exclusive  defender  of  this  great 
institution  of  the  South,  upon  which  not  only  its  prosperity,  but  its 
very  existence  depends.  I  had  hoped  that  younger  members  who 
have  come  into  this  body,  who  represent  portions  of  the  coun- 
try at  least  as  much  interested  as  that  from  which  I  come, 
might  have  taken  the  lead  and  relieved  me  from  the  necessity 
of  ever  again  speaking  upon  this  subject.  I  trust  we  will  grant 
no  leave  to  introduce  this  bill — that  we  will  reject  it,  and  that 
if  anything  be  referred  to  the  Committee  on  the  Judiciary,  il  will 
be  to  make  penal  enactments,  to  prevent  the.se  atrocities — 
these  piratical  attempts — these  wholesale  captures — these  rob- 
beries of  seventy  odd  of  our  slaves  at  a  single  grasp.  Delay  is 
dangerous  on  this  question.  The  crisis  has  come,  and  we 
must  meet  it — and  meet  it  directly — and  I  will  add  \*-e  have 
ample  means  to  meet  it.  .We  can  put  the  issue  to  the 
North  ;  if  you  continue  to  disregard  the  provisions  of  the  con.stitu- 
tion  in  our  favor,  we  shall,  on  giving  you  due  notice,  retaliate  by 
disreaarding  thcise  in  your  favor.  If  you  do  not  regard  the  stipu- 
lations of  tiie  constitution  in  our  favor,  why  should  we  regard 
those  in  your  favor  ?  If  your  vessels  cannot  come  into  our  ports 
without  the  danger  of  such  piratical  acts  ;  if  you  have  caused 
this  state  of  things  by  violating  the  provisions  of  the  constitution 
and  the  act  of  "Congress  for  delivering  up  fugitive  slaves  by 
pussing  laws  to  prevent  it.  and  thus- make  it  impossible  to  recover 
them  when  they  are  carried  off  bv  such  acts,  or  seduced  from  us, 
we  have  the  right,  and  are  bound  by  the  high  obligation  of  safety 
to  ourselves,  to  retaliate  by  preventing  any  of  your  sea-going  ves- 
sels from  entering  our  ports.  That  would  apply  an  effectual 
remedy,  and  ^lake  up  the  issue  at  once  on  this,  the  gravest 
and  most  vital  of  all  qttestions  to  us  and  the  whole  Union. 
1  ilo  not  intend  to  make  a  long  speech  on  this  occasion,  but  I 
would  have  felt  myself  to  be  lacking  in  my  duty  to  the  people 
of  this  District — to  the  people  of  the  South,  and  to  the  people 
uf  the  United  States,  had  I  not  raised  my  voice  against  the  intro- 
duction of  such  a  bill  on  such  an  occasion. 

Mr.  WESTCOTT. — I  am  not  going  to  make  a  sjieech  on  this 
bill,  for  the  simple  reason  that  I  intend,  after  a  few  observations, 
ti)  move  to  lay  this  motion  for  leave  to  introduce  the  bill,  upon  ihp 
table,  to  stop  debate,  and  ask  for  the  yeas  and  nays. 

Mr.  CALHOUN.— The  bill  is  not  ye*,  introduced. 

Mr.  WESTCOTT.— The  Senator  froiTi  New  Hampshire  asks 
leave  to  introduce  the  hill,  and  I  move  to  lay  it  upon  the  table. 

Mr.  CALHOUN. — Better  reject  it.  I  trust  wc  will  meet  it 
directly,  and  reject  it. 

Mr.  WESTCOTT.— I  did  not  understand  the  honorable  Sena- 
tor from  South  Carolina;  but,  now  that  I  do,  I  am  perfectly  wil- 
ling to  adopt  his  suggestion. 

Mr.  CALHOUN. — I  would  greatly  prefer  to  meet  the  motion 
directly  and  reject  it. 

Mr.  WESTCOTT.— I  have  no  objection  to  that,  and  had  ta- 
ken but  another  mode  of  attaining  that  object.  In  answer  to  the 
suggest  ion  of  ti.e  honorable  Senator  from  South  Carolina,  that  it 
was  the  duty  of  other  Senators,  reprcsentitig  the  Siattli,  to  speak 
ou  this  matter,  I  will  state  one  reason  only  why  I  could  not  do  so. 
1  could  not  trust  my  own  feelings  when  I  heard  the  Senator  from 
New  Hampshire  introduce  this  bill.  Sir,  there  has  been  no 
outbreak — no  violence  in  this  District.  There  has  been  no 
disturbance  except  on  the  part  of  a  set  of  men  who,  it 
seems,  have  come  into  this  District  for  the  purpose  of  as- 
sailing slave  owners  in  the  jieaeeable  enjoyment  of  their  property, 
secured  to  them  by  the  constitution  which  wo  have  all  sworn  to 
support.    There  has  been  public  indignation  manifested  by  an  as- 


semblage of  those  who  have  been  thus  wronged,  but  has  there  been 
any  violence  as  yet  ? — any  destruction  of  properly?  No.  It  may  be 
wondered  th.it  there  has  not  been.  And  when  the  Senator  from  New 
Hampshire  proclaims  that  there  is  danger  of  this,  I  call  upon  him 
for  his  testimony  in  relation  to  this  matter.  Where  does  he  pet 
the  evidence  that  any  portion  of  the  properly  of  citizens  of  this 
District  is  to  he  burned  down  or  destroyed  J  I  was  present  last 
night,  as  a  spectator,  at  a  large  assemblage  of  citizens  of  this 
District.  I  heard  law  officers  of  this  District  and  other  gentle- 
men speak  on  the  occasion,  but  I  heard  nothing  by  any  means  so 
incendiary  as  I  have  heard  since  the  honorable  Senator  from  Now 
Hampshire  took  his  seat  upon  this  floor.  It  is  true,  indignation 
was  expressed,  but  leading  citizens  of  this  District  and  slave-hold- 
ers declared  that  they  were  averse  lo  any  act  of  overt  violence  ; 
indeed,  ihis  assemblage  which  has  been  called  a  tumultuous  mob, 
peaceably  appointed  a  committee  of  fifty  citizens  to  wait  on  the  cd. 
iter  and  request  him  to  remove  what  they  supposed  to  be  an  incen- 
diary publication  which  had  provoked  this  excitement.  I  have 
only  to  say,  sir,  that  I  readily  yield  to  the  suggestion  of  the  honu- 
rable  Senator  from  South  Carolina. 

Mr.  DAVIS,  of  Mississippi. — The  Senator  from  South  Carolina, 
has  remarked  that  he  expected  that  younger  members  of  this 
body  would  notice  the  motion  of  the  Senator  from  New  Hamp- 
shire to  introduce  a  bill  the  purpose  of  which  is  the  protection  of 
incendiaries  and  kidnappers.  I  have  only  to  say  that  it  is  from  no 
want  of  accordance  in  feeling  with  that  honorable  Senator,  but 
from  deference  to  him  who  has  so  long  and  so  nobly  stood  foremost 
inthedefenceof  the  institutions  of  the  South,  that  I  remainee  silent. 
It  was  rather  that  I  wish  to  follow  him  than  that  I  did  not  feci 
the  indignatioa  which  he  has  so  well  expressed.  The  time  lias 
come  when  Congress  should  interpose  the  legislation  necessary  for 
the  punishment  of  those  men  who  come  within  our  jurisdiction,  act- 
ing in  fact  and  in  morals  as  incendiaries — coming  here  within  the 
legislative  limits  of  Congress,  to  steal  a  portion  of  that  property 
which  is  recognized  as  such  by  the  constitution  of  the  United  States, 
and,  therefore,  entitled  to  our  protection.  Is  this  District  to  be 
made  the  field  of  abolition  struggles  ?  Is  this  chamber  to  be  the 
hot  bed  in  which  plants  of  sedition  are  to  be  nursed  ?  Why  is  it 
that  in  this  body,  onee  looked  to  as  the  conservative  branch  of  the 
government — once  looked  to  as  so  dignified  that  it  stood  above  the 
power  of  faction — that  we  find  the  subject  of  this  contest  so  instdt- 
ing  to  the  south — so  irritating  always  when  it  is  agitated — intro- 
duced on  such  an  occasion  ?  Is  this  debateable  ground  ?  No  I  It 
is  ground  upon  which  the  people  of  this  Union  may  shed  blood, 
and  that  is  the  final  result.  If  it  be  pressed  any  farther,  and  if 
Ihis  Senate  is  to  be  made  the  theatre  of  that  contest,  let  it  come — 
the  sooner  the  better.  We  who  represent  the  southern  States  are 
not  here  to  be  insulted  on  account  of  institutions  which  we  inherit. 
And  if  civil  discord  is  to  be  thrown  from  this  chamber  upon  the 
land — if  the  tire  is  to  be  kindled  here  with  which  to  burn  the  tem- 
ple of  our  Union — if  this  is  to  be  made  the  centre  from  which  civil 
war  is  to  radiate,  here  let  the  conflict  begin.  I  am  ready  for  one 
to  meet  it  with  any  incendiary,  who,  dead  to  every  feeling  of  pat- 
riotism, attempts  to  introduce  it. 

Mr.  FOOTE.— On  the  4th  of  March,  1837,  the  American  peo- 
ple of  all  parties  assembled  at  this  capitol  for  the  purpose  of  wit- 
nessing the  inauguration  ol  a  President  of  the  United  States. 
That  President  was  a  northern  man.  I  had  the  honor  of  listening 
to  his  inaugural  speech,  and  in  it  he  wisely  and  patriotically  as- 
serted a  principle  of  nhich  I  approved  at  the  time,  which 
I  still  admire,  and  which  has  a  close  affinity  to  the  question 
so  suddenly  presented  to  this  body.  Martin  Van  Buren  dared 
to  declare  in  his  inaugural  speech  that  though  it  was  his  opinion 
— and  It  certainly  is  not  mine — that  Congress  has  the  ]iower 
to  abolish  slavery  in  the  District  of  Columbia,  yet  he  con- 
ceived that  the  act  could  not  be  done  without  the  most  odious  and 
unpardonable  breach  of  faith  towards  the  slave  Stales  of  the 
confederacy,  and  especially  Maryland  and  Virginia.  This  dec- 
laration, not  altogether  unexpected,  gave  temporary  qmet  and 
satisfaction  lo  the  South.  I  had  thought,  until  recently,  that 
there  were  very  few  men  in  the  republic,  claiming  anything  like 
a  prominent  standing  among  their  fellow. citizens  who  entertained 
a  different  opinion  from  that  thus  expressed,  or  who.  if  entertaining 
it,  would  undertake  to  express  it  in  the  national  councils  of  this 
republic.  But  the  abolition  movement  has  not  been  quite  so  suc- 
cessful as  some  desired  it  to  be,  and  now  we  see  plain  indications 
that  individuals — for  I  cannot  conscientiously  call  them  gentlemen 
— asserting  themselves  to  be  champions  of  freedom — have  resolved 
to  carry  into  execution  a  scheme — an  attempt  to  remove  by  any 
means  whatever  all  the  slaves  now  within  this  District,  so  that 
those  who  have  been  in  the  habit  of  retaining  slaves  in  their  pos- 
session will  be  discouraged  from  bringing  others  here  ;  and  that 
citizens  who  may  hereafter  settle  here,  will  of  course,  on  the  prin- 
ciple of  obvious  pecuniary  policy,  decline  bringing  such  property 
with  them  ;  and  that,  then,  in  this  covert  and  insidious  manner, 
the  abolition  of  slavery  in  the  District  of  Columbia  may  be  accom- 
plished. 

The  attempt  to  legislate  directly  upon  this  subject  in  the  na- 
tional councils  is  at  war  with  the  constitution,  repugnant  to  all 
principles  of  good  faith,  and  violative  of  all  sentiments  ol  patrio- 
tism. With  whomsoever  it  originates,  this  movement  made  di- 
rectly or  indirectly,  within  Congress  or  out  of  it,  which  has  been 
so  justly  denounced  by  my  colleague,  is  siinply  a  nefarious  at- 
tempt to  commit  grand  larceny  upon  the  owners  of  slaves  in  this 
District.     I  undertake  lo  say  that   there   ii   n<it  a  man  who  has 


516 


EILL  RELATING  TO  RIOTS,  ETC. 


[Thursday, 


given  his  countenance  to  this  transaction  in  any  shape,  who  is  not 
capable  of  commiuinc;  yiand  larceny  ;  or,  if  he  happened  In  be  a 
hero,  as  such  men  are  not,  of  perpetrating  highway  robbery  on 
any  of  the  roads  of  this  Union.  He  is  not  a  gentleman.  He  would 
not  be  countenanced  by  any  respectable  person  anywhere.  Ho 
is  amenable  to  the  law.  I  go  farther,  and  I  dare  say  my  senti- 
ments will  meet  the  approbation  of  manv  even  who  do  not  live  in 
slave  States,  and  I  maintain,  that  when  the  arm  of  the  law  is  too 
short  to  reach  sucli  a  criminal,  ho  may  be  justly  punished  by  a 
sovereignty  not  known  to  the  law.  Such  proceedings  have  taken 
place,  and  there  are  circumstances  which  not  only  instigate,  but 
justify  such  acts.  I  am  informed  upon  evidence  on  which  I  rely, 
that  this  very  movement  out  of  which  the  bill  originates,  has  been 
instigated  and  sanclioned  by  persons  in  high  station.  It  is 
even  rumored,  and  it  is  believed  by  many — I  am  sorry 
for  the  honor  of  this  body  to  say  so — that  a  Senator  of  the  United 
States  is  concerned  in  tlic  movement.  Certain  it  is  that  a  mem- 
ber of  another  body,  meeting  in  a  certain  Hall,  not  far  distunt,  was 
yesterday  morning  engaged  in  certain  reprehensible  contrivanees, 
and  that  but  for  his  abject  flight  from  the  place  of  his  infamous 
intrigues,  he  would  have  been  justly  punished — not  by  the  mob- 
but  by  high  sjiirited  citizens  convened  for  the  purpose  of  vindicat- 
ing their  riL'hts,  thus  unjustly  assailed. 

vVhv  is  it  that  this  question  is  continually  agitated  in  the  Senate 
of  the  United  States — that  it  is  kept  here  as  the  subject  of  perpet- 
ual discussion  ?  Is  it  simply  that  gentlemen  wish  to  be  popular 
at  home  ?  I  suppose  so.  Is  it  because  (jf  their  peculiar  svnipa- 
thies  for  that  portion  of  the  population  which  constitutes  slavery 
as  recognised  in  the  South  ?  Wiiat  is  the  motive  ?  Is  the  object 
to  attain  popularity?  Is  it  to  gain  high  station  ?  Is  it  to  keep 
up  a  local  excitement  in  some  portions  of  the  North,  with  the 
view  of  obtaining  political  elevation  as  the  reward  of  such  factious 
conduct  ?  But  I  care  not  for  the  motives  of  such  acts.  I  under- 
take to  say  that  in  no  country  where  the  principles  of  honesty  are 
respected,  would  such  a  movement  as  that  now  atlemnted,  bo 
promoted,  or  even  countenanced  for  a  moment.  I  feci  bound  on 
ihis  occasion  to  say  that  the  bill  proposcil,  could  not  liave  any 
good  object.  What  does  it  declare  ?  It  declares  that  any  attempt 
on  the  part  of  the  people  of  this  District,  through  the  only  means 
which  they  may  have  in  their  power,  to  protect  their  property,  and 
prevent  it  from  being  taken  from  them,  cither  by  stealth  or  open 
robbery,  shall  subject  them  to  be  mulcted  in  heavy  pecuniary 
damages  !  It  amounts  then  to  this,  that  if  hereafter  any  oeeur- 
renco  similar  to  that  which  has  recently  disgraced  the  District 
should  happen,  and  the  good  people  of  the  District  should  assem- 
ble and  proceed  to  the  vessel  in  which  their  property  had  been 
placed,  and  the  captain  of  which  bad  become  the  agent  in  the  ne- 
farious transaction,  and  should  then  and  there  dare  to  use  the  only 
moans  to  prevent  that  vessel  from  sailing,  and  their  projjerty  from 
being  taken  away  before  their  eyes,  they  would  be  compelled  to 
pay  heavy  pecuniary  damages.  It  is  a  bill,  then,  obviously  in. 
tended  to  cover  and  jirotect  negro  stealing.  It  is  a  bill  for  the 
encouragement  and  immunity  of  robbery  !  That  is  its  true  charac- 
ter, and  whatever  opinion  the  gentleman's  own  self-sufficiency  may 
induce  him  to  entertain  of  his  own  conduct  on  this  occasion,  I  only 
tell  him  now  the  judgment  which  every  honest  man  will  pronounce 
upon  it.  If  the  object  ol  the  Senator  was  as  I  have  described  it, 
and  as  is  apparent  on  the  face  of  the  bill,  he  is  as  guilty  as  if  he 
had  commit  led  highway  robbery.  I  regret  that  t  am  obliged  to 
use  harsh  terms,  but  they  are  true.  The  Senator  iVom  South  Ca- 
rolina asserted  with  great  truth,  that  the  tiino  hail  come  when  the 
South  should  not  only  let  her  voice  be  heard,  but  disrlusc  to  all  her 
enemies  that  she  not  only  knows  her  rights,  but  "knowing,  dare 
maintain  them" — maintain  them  by  all  constitutional  means — by 
all  legal  expedients — if  necessary  by  bloodshed.  The  Senator 
from  New  Hampshire  is  evidently  attempting  to  got  up  a  sort  of 
civil  war  in  the  country,  and  is  evidently  tilled  with  the  s|iirit  of 
insurrection  and  incentliarism.  He  may  bring  about  a  result  which 
will  end  in  the  spilling  of  human  blood.  I  say  to  him,  however, 
let  him  come  forward  boldly  and  take  the  proper  responsibility. 
Let  him  say,  "Now  I  am  ready  to  do  battle  in  behalf  of  the  liber- 
ties of  my  friends  the  blacks,  the  slaves  of  the  District  of  Colum- 
bia." Let  him  buckle  on  his  armor. — let  him  unsheath  his  sword, 
and  at  once  commence  the  contest,  and  I  have  no  doubt  he  will 
have  a  fair  o[iportuni;y  of  shedding  his  blood  in  this  holy  cause  on 
the  sucred  soil  of  tho  District  of  Columbia.  If  he  is  really  in 
earnest,  he  is  bound,  as  a  conscientious  man,  to  pursue  his  course 
which  cannot  be  persevered  in,  without  all  tho.se  awful  scenes  of 
bloodshed  and  desolation  huig  anticipated  by  good  men  in  every 
part  of  this  republic.  When,  I  ask,  was  it  that  sontbcrn  men 
ever  undertook  to  iiivadi^  tho  ipiiel  and  happiness  of  (he  Nortii?  I 
hope  I  may  bo  pardoned  in  making  this  suggestion.  1  do  not  wish 
to  institute  any  invidious  comparisons.  1  thank  Heaven  1  have  an 
abiding  conlidencc  in  the  good  sense,  tho  virtuous  patriotism,  and 
regard  for  tho  rights  of  properly,  of  my  northern  brethren;  and  I 
believe  that  there  are.  many  of  them,  of  both  parties,  who  arc  per- 
fectly sound  upon  tlli^  ipicstion;  .■iiiil  who  will  condemn  the  act  of 
this  morning.  The  South  has  been  forbearing.  She  has  exercised 
more  than  complaisance — more  than  forbearance.  But  when,  I 
ask,  has  any  southern  man,  oceupyin<'  a  .seat  in  cither  House  of 
Congress,  attempted  to  interfere  with  any  local  interests  in  the 
North? 

All  must  SCO  that  the  course  of  tho  Senator  from  New  Hamp- 
shire is  calculated  to  embroil  the  confederacy — to  put  in  peril  our 
free  institutions — to  jeopardize  that  Union  which  our  forefathers 
established,  and  which  every  pure  patriot  throughout  tho   country 


desires  shall  be  jierpetuated.  Can  any  man  be  a  patriot  who  pur- 
sues such  a  course?  Is  he  an  enlitrh'ened  friend  of  freedom,  or 
even  a  judicious  friend  of  those  with  whom  he  allects  to  sympa- 
thize, who  adopts  such  a  course?  Who  does  not  know  that  such 
man  are  practically  the  worst  enemies  of  the  slaves?  I  do  not. 
beseech  the  gentleman  to  stop;  but  if  he  perseveres,  he  will  awa- 
ken indignation  everwhere,  and  it  cannot  be  that  enlightened  men, 
who  conscieneiously  belong  to  the  faction  at  the  north,  of  which 
he  is  undTstood  to  be  the  head,  can  sanction  or  approve  every 
thing  that  he  may  do  under  the  influence  of  excitement,  in  this 
body.  I  will  close  by  saying  that  if  he  really  wishes  glory, 
and  to  be  regarded  as  tho  great  liberator  of  the  blacks 
— if  he  wishes  to  he  particularly  distinguished  in  this  cause 
of  emancipation,  as  it  is  called,  let  him  instead  of  remaining 
here  in  the  Senate  of  the  United  States,  or  instead  of  secreting 
himself  in  some  dark  corner  of  New  Hampshire  where  he  may  pos- 
sibly escape  the  just  indignaiion  of  good  men  throughout  this  re- 
public— let  him  visit  the  good  State  of  Mississippi  in  which  I  have 
the  honor  to  reside,  and  no  doubt  he  will  be  received  with  such 
hosannas  and  shouts  of  joy  as  have  rarely  marked  the  reception  of 
anv  individual  in  this  d;iy  and  generation.  I  invite  him  there,  and 
will  tell  him  beforehand  in  all  honesty,  that  he  could  not  go  ten 
miles  into  tho  interior  before  he  would  grace  one  of  the  tallest 
trees  of  the  forest,  with  a  rope  around  his  neck,  with  the  appro- 
bation of  every  virtuous  and  patriotic  citizen,  and  that  if  necessary, 
I  should  myself  assist  in  the  operation. 

Mr.  HALE.— I  beg  the  indulgence  of  the  Senate  for  a  few  mo- 
ments. Though  I  did  not  exactly  anticipate  this  discussion,  yet  I  do 
not  regret  it.  Before  I  proceed  further,  as  the  honorable  Senator 
from  Mississippi  has  said,  that  it  has  been  asserted,  and  ho  thinks 
on  good  authority,  that  a  Senator  of  the  United  States  connived  at 
this  kidnapjping  of  slaves,  I  ask  him  if  he  refers  to  mo  ? 

Mr.  FOOTE.— I  did. 

Mr.  HALE. — I  take  occasion  then  to  s.iy,  that  the  statement 
that  I  have  given  the  slightest  countenance  to  the  procedure,  is 
entirely  without  the  least  foundation  in  truth.  I  have  bad  nothing 
to  do  with  the  occurrence,  directly  or  indirectly,  and  I  demand  of 
the  honorable  Senator  to  state  the  ground  upon  which  he  has 
made  his  allegation. 

Mr.  FOOTE. — It  has  been  stated  to  me  and  I  certainly  be- 
lieved it,  and  believing  it  I  denounced  it.  I  did  not  make  the 
charge  directly.  My  remarks  were  hypothetical.  I  am  glad  to 
hear  the  Senator  sav  that  he  has  had  no  connection  with  the  move- 
ment, but  whether  he  had  or  not.  ^ome  of  his  brethren  in  the  great 
cause  in  which  he  was  engaged  no  doubt  had  much  to  do  with  it. 

Mr.  HALE. — The  sneer  of  the  gentleman  docs  not  oflbct  me. 
I  rceognizo  every  member  of  the  liuu'ian  family  as  a  brother,  and  il 
it  was  done  by  human  beings  it  was  done  by  my  brethren.  Once 
for  all  I  utterly  deny,  cither  by  counsel,  by  silence,  or  by 
speech,  or  in  any  way  or  manner,  having  anj'  knowledge,  cogni- 
zance, or  suspicion  of  what  was  done  or  might  be  done  until  I 
heard  of  this  occurrence  as  other  Senators  have  heard  of  it.  And 
I  challenge  any  one  who  entertains  a  dilTercnt  opinion  to  the  proof, 
here,  now,  and  lorever.  I  go  farther  than  that.  I  never  have 
counselled,  advised,  or  aided  in  any  way,  and  with  my  present  im- 
pressions, I  never  shall  counsel,  advise,  or  aid  in  anyway,  any  en- 
croachment upon  the  cqnslitution  in  any  of  its  provisions  or  compro- 
mises. If  the  constitution  be  not  broad  enough  for  the  protection 
that  I  claim,  I  will  go  without  it.  I  trust  that  on  this  suincct  I 
have  been  fculficicnily  understood.  I  deny  in  general  and  particu- 
lar not  only  cognizance  but  all  knowh'dge  of  any  such  movements. 

Whilst  1  am  up  let  me  call  the  attention  of  the  Senate  to  tho 
ease  of  a  man  whom  I  am  proud  here  and  elsewhere  to  call  my 
friend — the  editor  of  the  ''National  Era."  This  gentleniun  in  a 
card  published  in  tlic  "  National  Inlclligeneer"  of  this  day  de- 
clares— 

"A  iiiiiKii  IiH\iii|4  bfcii  c-in-ulalfil  lliul.  llie  oHi<^e  ot"  tin-  J\'atnnial  i-Jrrt  « :l>  con 
leiiii'il,  (Iiivrtiy  or  imlirt'clly,  iii  lilt-  "ri'cent  alUliipl  ot  a  numlior  of  slaves  to  escape 
Oil  tile  sehooiiei  Pearl,  i!  is  due  lo  llie  te.]>'  ctalrle  eili/ens  of  lliis  phire,  and  ID  invjell", 
to  '^\\e  a  plain,  rnll,  unerpiivoeal  denial  lo  the  lepoil.  While  delcrmiiied  to  >leld  in» 
it;;lil  lo  menace  or  violence — a  coiicession  whieli  no  trne  Iiearled  American  wdl  lie. 
liilflenerons  enonyh  to  derpniid — 1  teel  il  lo  be  my  rhity  so  (io  ail  i  can  lo  remove  a  se- 
rious misapprelieiisioii,  caiciilated  lo  provoke  unpleasant  excitement." 

The  position  which  he  has  taken  is  thus  laid  down  in  the  first 
number  of  his  paper,  and  ho  republishes  it  in  his  card  : 

"'Hetnnin;!  ^hnV  tlie  e.Miiiclion  of  slaverv  can  be  cITecled  in  accoidaiiee  Willi 
ronslitutiou  and  law,  and  llial  tliis  is  ttic  liefler  way,  no  system  <d*  iincoustitnlional  or 
illegal  measures  will  linil  in  ns  a  supporter.  Wi-  cannot  svork  wilh  eontrailictory 
means.  W'lienevijr  cffnvinced  tliat  such  measures  as  the  laws  sanction  or  ilo  not  pro- 
Intnl.  arc  iiisutlicient  lor  tire  aecomplisbment  of  the  LTcal  oli,jeet  we  aim  at.  we  shall 
l>ankly  say  so.  The  ruasnilndeot"  the  cause  iu  w  liieli  we  are  en^'ajjed.  ,iustice  to  our 
fellow  citizens  of  the  South,  and  sonnil  policy,  ilemand  thai  no  movement  bo  made 
in  lelation  lo  this  iin|)orlant  tiuestiou,  except  wilh  the  ulniosl  openness,  frankness,  and 
fair  rleahii[i.' 

"  The  deelaralion  I  then  muile  embodied  the  principles  on  which  I  had  always  uni- 
formly acted  in  relation  to  slaiery;  ami  in  not  a  single  instance  have  1,  or  any  one  in 
my  ollice,  so  tar  as  my  knowledije  e.\ten<ls,  violated  il.  1  cannot,  consislently  wilh 
my  views  of  what  honesty  ami  iair  ilealinp  dictate,  to  say  nothiuy  of  sounri  iiolicy, 
cii^'age,  or  in  any  way.  directly  or  imiiiectly,  lake  pait  in  any  movement  which  woulil 
involve  the  iiei-L.>sily  of  slrate;,'y  or  trickery  of  Jiiiy  kiiiil. 

"  My  paper  Iran  l>een  pulilished  si.\teen  monlhs  iu  this  city.  Its  columns  are  open 
lo  inspection.  Those  who  have  taken  the  trouble  lo  reail  "it  will  testily  tliat  1  have 
eouuselled  no  measures  repn^iiant  lo  the  foresoiiig:  that  I  have  abstained  from  invec- 
tive ami  denniicia.iou;  and  addressed  myself  to 'be  reason,  the  conscience,  the  pa- 
triotism and  sense  of  lionoTof  the  slavebohiers,  many  of  them  lieing  near  relalives  and 
personal  friends.  Not  one  of  my  numerous  e-xchanges  in  the  South,  how  iiiuchsoever 
opposed  to  my  views,  has  at  any  time  imputed  lo  nio  ill  leiniier  or  a  claudestinu 
polii'V. 

"  tVilh  this  plain  C'xposition  of  my  couise,  it  is  hardly  necessary  for  nic  to  say  ihat, 


April  20.] 


IN  THE  DISTRICT  OF  COLUMBIA. 


517 


in  the  recent  trainactioii  which  hs6  excited  so  much  feehnj.  neither  myself  not  any 
person  connecteci  with  me  hnii  any  share  whatever;  lliat  Ihe  Iranilotion  in  fact  became 
known  to  meonly  tliroufrh  the  general  report. 

■•  I  write  this  to  ihsahnie  the  public  rainil.  so  that  those  who  do  not  penonally  Know 
me  may  not  be  imposed  upon  bv  any  misappieliension  of  my  po-lllon.  Cerlamly.  I 
feel  a  Rreat  repugnance  to  bein;  ajsailed  for  what  I  have  never  done  or  dreamed  ol. 
but.  if  illegal  violence  he  inflicted  upon  me  for  writir.i!  anil  prmtinK  fieely  abonl 
slavery,  or  anv  other  subject  which  it  may  suit  an  Ameiiean  eilijen  todncnss.  then  will  I 
suffer 'cheerfnlly.  in  tlie  confident  hope  that  when  pasMon  and  prejuilice  shall  have  been 
dispelleil  jil-tice  will  h»  dcmetn  my  cbar.aelor.  Uul  I  will  not  ■iippose  lliat  lliey  who 
are  rejoieinc  in  the  inlVanchisement  of  Ihe  pres8  in  Paris,  will  themselves  put  letters 
npon  the  iiie-.s  in  W.'isbiiigtan." 

Mr.  CALHOUN— (in  liis  seat.)— Docs  ho  iiiako  ftny  ilcniiti;ia- 
tion  of  the  rubbery? 

Mr.  HALE.— Ho  had  quite  enough  to  do  in  defending  himself, 
and  it  was  no  pan  of  his  dtity  (o  denounce  others. 
Mr.  CALHOUN,  (in  his  seat.)— I  uiidorstaiid  that  ! 
Mr.  HALE. — I  appeal  to  the  sense  of  justieeof  the  l<enaie,  and 
ask  what  justification  there  can  bo  for  assailin;;  llic  character  and 
property  of  a  man  who  knew  no  more  of  this  occurretux'  titan  any 
of  its  members  ?  I  appeal  to  the  honorable  Senator  who  spoke  so 
eloqueiiily  of  the  hi).h  and  chivalrie  ideas  of  riyht  which  are  on- 
tcrtaind  in  his  section  of  the  couniry — 

Mr.  FOOTE.— I  ask  the  Senator— and  be;;  to  remind  him  that 
twenty  millions  of  people  are  listenina;  to  his  answer — in  the  cir- 
cumstances of  the  case,  evidently  known  to  him,  docs  ho  suppose 
that  this  occurrence  could  have  taken  place  without  extensive, 
countenance  and  aid  from  men  of  standing  in  this  District,  whether 
members  of  Conj;ress  or  others  ? 

Mr.  HALE. — I  have  no  doubt  that  those  persons  could  not  have 
got  away  without  some  aid.  It  is  enough  that  1  have  disclaimed 
all  knowledge  of  it.  I  thought  that  wlicn  ihc^  lionorable  Senator 
was  speaking  more  than  twenty  millions  of  people  were  li.slening. 
He  invites  me  to  visit  the  State  of  Mississippi,  and  kindly  informs 
me  that  he  would  be  one  of  ihose  who  would  act  the  assassin,  and 
put  an  end  to  my  career.  He  would  aid  in  bringing  me  to  piihlio 
execution — no,  deaih  by  a  mob.  AVcll,  in  rcliirn  for  his  hospitable 
mvitation,  I  can  only  express  the  desire  that  he  would  penetrate 
into  soina  of  the  dark  corners  of  New  Hainpsliire,  and  if  he  do,  I 
am  niHch  mistaken  if  he  would  not  find  thai  the  people  in  that  be- 
nighted region  would  be  very  happy  to  listen  to  his  argtinienls, 
and  engage  in  an  intellectual  condict  with  hiin  in  which  the  Irulli 
niifht  be  elicited.  I  think,  however,  that  the  antioitnccment  which 
the  honorable  Senator  has  made  on  litis  lloor  of  the  fate  which 
awaits  so  humble  an  individual  as  myself  in  the  Stale  of  Mi.--sis- 
sippi,  must  convince  every  one  of  the  propriety  tif  ihe  high  eiilo- 
giiim  which  he  pronounced  upon  her  the  other  ilay,  when  he  spoke 
of  the  high  position  which  the  -occupied  among  the  States  of  this 
confederacy.     But  enough  of  this  personal  matter. 

I  thiiik,  if  I  did  not  misunderstand  the  honorable  Senator  from 
South  Carolina,  that  he  is  surprised  at  llic  temerity  of  the  Senator 
from  New  Hampshire  in  introducing  this  hill.  Let  ine  a.k,  what  is 
this  bill?  What  is  this  incendiary  lull  that  has  elicited  such  a  torrent 
of  invective?  Has  it  been  manufactured  by  some  "fanatical  abolition- 
ist?" Why,  it  is  copied,  almost  word  for  word,  from  a  htw  on  the  sia- 
tutc-book  which  has  iieen  in  operation  for  years,  in  the  neighboring 
State  of  Maryland.  It  has  no  allusion,  dircclly  or  indireelly,  lo  iho 
subject  of  slavery.  Yet  I  am  accused  ol'throwing  it  in  tts  a  lirebraml, 
and  in  order  to  make  war  npon  the  institutions  of  ihe  Soiiili  ! — 
How?  In  God's  name,  is  it  come  to  this,  that  in  Ihe  American 
Senate,  and  in  the  year  of  grace,  one  thousand,  eight  hundred  and 
lorly-eight,  the  rights  of  property  cannot  bi^  named,  but  ihe  advu- 
cales  of  slavery  are  in  arms,  anil  exclaim  that  war  is  made  upon 
their  institutions,  because  it  is  attempted  lo  cast  ihc  piofclion  ol 
the  law  tirounil  the  property  of  an  Americttn  citizen,  who  appeals  lo 
an  American  Senate  !  It  has  long  been  held  by  yoit  that  your  pe- 
culiar institution  is  incompatible  with  the  right  of  s|ieech;  but  if  it 
bo  alsoinemnpatibic  with  the  safeguarils  of  ihc  eonslittilion  being 
thrown  around  property  «(  American  cilizens,  let  the  couniry 
know  it!  If  that  is  to  be  the  principle  of  yoitr  aetioti,  let  it  he  pro- 
claimed throughoHt  the  length  anil  bretidth  nf  the  land,  that  there 
is  an  institution  so  onmipotjtml — so  almighty — that  even  the 
sacred  rights  of  life  and  property  must  bow  down  before  it  ! 

Do  not  let  it  be  said  that  1  have  inlrodueed  this  subject.  I  have 
simply  tisked  that  the  plainest  provisions  of  the  common  law — the 
clearest  dictates  of  justice — shall  be  extended  and  exercised  for 
the  protection  of  the  [iropcrty  of  citizens  of  ihis  District;  and,  yet, 
the  honorable  Senator  from  South  Carolina  is  shocked  at  my  te- 
merity ! 

Mr.  BUTLER. — Allow  me  to  ask  one  tpicstion  with  perfect 
good  temper.  The  Senator  is  discussing  ihe  .subject  wilh 
somo  feeling  ;  but  1  ask  him  whether  he  would  vote  for 
a  bill,  properly  drawn,  inflicting  punishment  on  persons  inveigl- 
ing slaves  from  the  District  of  Columbia  ? 

Mr.  HALE. — -Certainly  not.  and  why  ?  Because  I  do  not  be- 
lieve that  slavery  should  exist  here. 

Mr.  CALHOUN. — (In  his  seat,) — He  wishes  to  arm  the  rob- 
bers, and  disarm  tlie  people  of  the  District. 

Mr.  HALE.— The  honorable  Senator  is  alarmed  at  mv  temer- 
ity, - 

Mr.  CALHOUN,— (In  his  seat,) — I  did  not  use  the  word,  but 
did  not  think  it  worth  while  to  correct  the  Senator, 

Mr,  HALE. — The  Senator  did  not  use  that  term  ? 


Mr.  CALHOUN. — No.     I  said  Iwaxen  or  something  like  that. 

Mr.  HALE. — The  meaning  was  the  same.  It  was  brazen 
then  !  that  I  should  introduce  a  bill  for  the  protection  of  property 
in  this  District — a  bill  perfectly  harmless,  but  which  he  has  eon- 
slrned  into  an  attack  upon  the  institutions  of  the  South. — • 
I  ask  the  Senator  and  the  conntrv  wherein  consists  the  temeri- 
ty ?  I  suppose  it  consists  in  Ine  .section  ol  the  country  from 
which  it  comes.  He  says  that  we  seem  to  think  that  the  South 
has  lo.st  all  feeling.  Ah  !  There  is  the  temerity.  The  bill  comes 
from  the  wrong  side  of  a  certain  iinrallcl  !  VVhy,  did  the  hon- 
orable Senator  from  South  Caioluni  luKiLnnc  that  we  of 
the  North,  wilh  our  faces  bowed  dnwti  to  the  earth,  and  with  our 
backs  to  the  sun,  had  received  the  l.i.sh  so  long  that  we  dared  not 
look  up  ?  Did  he  suppose  that  we  ilnred  not  ask  that  llic  protec- 
tion of  the  law  should  be  thrown  ainunii  properly  in  the  District 
to  which  we  come  to  legislate  ' 

1  desire  no  war  upon  the  mslitiiiinn  of  slavery  in  the  sense  in 
which  the  Senator  underslands  tlin  term.  I  will  never  be  a  ptiriy 
to  anv  encroachments  upon  ncruts  cuaranlced  by  the  constitution 
and  the  law — not  at  all.  I  wish  nn  war  but  a  war  of  reason — of 
persuasion — of  argument  ;  a  war  that  shoiilil  look  to  convincing 
the  understanding,  subduing  thn  aflcctions  and  moving  the 
sympathies  of  the  heart.  That  is  Iho  only  war  in  which  1 
would  engage.  But  it  is  sanl  that  ihe  tline  has  cnmc — 
that  the  crisis  has  come,  and  that  the  Soiilli  must  meet  it.  In  all 
candor  and  honesty,  then,  let  mo  siiv,  that  lliere  could  not  be,  a 
belter  platform  on  which  lo  meet  theatieslion,  than  that  presented 
by  the  principles  of  this  bill.  There  could  not  be  a  better  oeca- 
slon  than  this  to  appeal  to  the  nonntry.  Let  Ihe  tocsin  sound. 
Let  the  word  go  forth.  Let  Iho  free  North  be  told  that  their 
craven  representatives  on  the  floor  nf  the  Scnale,  are  not  :it  liber- 
ty even  to  claim  the  protection  nf  the  rights  of  property  !  The 
rioht  of  speech  was  sacriliccd  lontf  ago.  Biti,  now  is  it  to  be  pro- 
claimed, that  we  cannot  even  introtlnce  a  bill  looking  to  the  exe- 
cution of  the  plainest  provisions  of  the  constilution,  and  the  clear- 
est principles  of  justice  for  the  nrnteetion  of  personal  rights,  be- 
cause gentlemen  choose  to  constriie  it  into  an  attack  upon  that 
particular  institution  ? 

I  ask  again,  what  is  it  that  has  luoduced  ihis  strife,  called  up 
these  denunciations,  excited  all  »his  invective  which  has  been 
poured  upon  mo  as  if  I  were  iriiiUy  of  all  ihe  crimes  in  ihe  deca- 
logue? I  call  upon  the  Senate  and  the  country  to  lake  notice  of 
it.  I  a.sk,  on  what  do  geiitiem«n  of  the  South  rely  for  the  protec- 
tion of  any  institutions  on  which  ihcy  place  any  value  ?  It  will  he 
aiiswereil  upon  the  consiiluti"ii  .-md  Ihc  law.  Well,  then,  if  tho 
safe  guards  of  ihe  constitution  are  rcndcrctl  inndei|uate  to  the  pro- 
tection of  one  species  of  ))roperIy.  how  can  it  be  supposed  Ilial 
there  will  be  prolection  for  any  ?  it  is  because  I  desire  to  maintain  in 
till  their  strength  and  tililily.  the  safe  guards  of  the  constilution,  that 
I  htivc  intioduced  litis  bill  fur  the  iiroteetion  nf  prnperly  in  this  Dis- 
Irict.  And  here  let  me  tell  the  Scnalor  Irom  .Vlabattia,  lliat  lie  will 
have  my  full  co-operation  in  any  measure  lo  prevent  kidnapping. 
I  shall  expect  him  to  redeem  his  pledge.  Again  ;  I  am  shocked 
to  hear  the  honorable  Senator  from  South  Citrolina  denoutn.-e  this 
bill  as  a  measure  calculated  to  renress  those  citizens  from  the  ex- 
pression of  their  just  indignation. 

Mr.  CALHOUN.— If  the  Senator  will  allow  me.  I  will  explain. 
I  said  no  such  thing.  But  i  will  lake  ihis  occasion  to  say  that  I 
would  just  as  soon  argue  with  a  maniac  from  bedlam,  as  wilh  the 
Senator  from  New  Hampshire,  on  tins  .subject. 

Sev£r.\l  SE.MATons. — "  Ofiier — order. " 


Mr.  CALHOUN. — I  do  not  intend  lo  enrrect  his  siatemenls. — 
A  mitti  who  says  that  the  pconln  of  this  Dislric!  Inive  no  right  in 
their  slaves;  and  that  it  is  no  robbery  lo  take  their  properly  from 
them,  is  not  entitled  lo  be  regarded  as  in  pos.scssion  of  ids  rca.son, 

Mr.  H.'VLE. — It  is  an  cxiremely  novel  mode  of  termitittling  .a 
controversy  by  charitably  ihrowing  the  mantle  of  maniacal  irre- 
sponsibility over  one's  anlagonist  I  But  ihc  honorable  Senator 
puts  words  into  my  miuilh  which  I  never  used,  I  did  tiol  sav  that 
the  owners  had  no  properly  in  their  slaves.  I  said  ihat  the'itisli- 
tution  exists,  bul  I  have  not  given  any  opinion  upon  the  point  to 
which  the  Scnalor  has  alltidetl.  I  have  never  saiti  anyihing  from 
which  the  sentiment  which  be  imntites  to  me  could  be  mi'crred.  II 
does  not  become  me,  I  know,  to  measure  arms  with  the  hocorable 
Senator  from  South  Carolina,  more  narticul.irly  since  he  has  been 
so  magnanimous  as  to  give  noiua'.  that  he  will  not  condescend  to 
argue  with  me.  But  there  is  more  than  one  man  in  this  couniry, 
who  has,  whether  justly  or  nnjustlv.  long  since  arrived  at  the  cvni- 
cUision,  that  if  I  am  a  maniac,  on  the  subject  of  slavery,  I  am  not 
a  monomaniac,  for  I  am  not  alone  in  my  madness.  But,  sir.  I 
am  not  responsible  here  or  elsewhere  for  the  excitement  that  has 
followed  the  iniroduction  of  this  snhieet,  I  intended  simply  to  give 
notice  of  a  bill  calculated  lo  meet  the  cxigeney.  The  honorable 
Senator  from  Florida  calls  upon  me  lor  proof  of  the  neccssilv  of 
this  legislation,  and  says  that  no  violence  has  been  eommitlc'd  in 
this  District.     I  don'l  know  what  he  calls  violence, 

Mr,  W'ESTCOTT. — There  has  been  no  violence  except  the 
running  away  wilh  some  negron«- 

Mr.  HALE. — Well,  I  believe  that  some  hundreds  of  individuals 
assembled  in  front  of  a  printing  office  in  this  city,  and  assailed  the 
building  with  missiles,  obliging  the  nersons  engaged  in  their  usual 
employment  to  abandon  their  legal  occupation.  If  that  does  not 
come  up  to  the  gentleman's  definition  of  violence,  I  do  not  know 


518 


BILL  RELATING  TO  RIOTS,  ETC., 


[Thursday, 


•what  does.  I  was  dcsiruUTs  of  inLroiJueinr^  this  subject  witliont  an 
appeal  to  any  matters  ■n-hich  mif;h' bo  supposed  to  lie  Ijehiinl.  I 
believe  that  these  matters  have  nothins  to  do  with  the  subject  un- 
der consideration.  But  other  gentlemen  have  chosen  to  f»ivc  this 
subject  a  difl'erent  direction.  Now,  in  the  bill  which  I  have  had 
the  honor  to  introduce,  the  provisions  arc  almost  idenricul  with  the 
law  which  has  been  in  existence  in  many  of  the  Slal  cs,  and  is  now 
on  the  statute  book  ol'  Maryland.  To  its  enactment  here,  excep- 
tion has  been  taiicn,  and  I  am  quite  willing  that  the  country  should 
know  the  grounds  on  whi(^h  opposition  is  made.  If  the  subject  bo 
painful  it  has  not  been  made  so  by  mc.  As  to  the  threats  which 
have  been  made  of  bloodshed  ami  assassination,  I  can  only  say  that 
there  have  been  sacrifices  alreadv,  and  there  may  be  other  victmis, 
until  the  minds  of  all  shall  be  awakened  to  the  conviction  that  the 
constitution  was  made  as  well  for  the  preservation  of  the  frecdcnn 
of  discussion,  as  for  the  protection  of  the  slave  owner. 

Mr  WESTCOTT.— I  should  like  to  know  of  the  Senator  from 
New  Hampshire  if  he  can  say,  that  any  non-slaveholdinsr  Slate  in 
this  Union  has  passed  a  law  by  which,  in  ease  of  the  abduction  ot 
a  slave  by  an  abolition  mob,  the  county  or  town  is  to  be  made  re- 
sponsible for  the  act. 

Mr.  HALE.— I  do  not  know,  sir. 

Mr  WESTCOTT.— It  is  time  enough  then,  when  such  a  law  is 
nassed  to  protect  the  properly  of  slave-owners,  to  talk  of  a  law  to 
indemnify  for  the  destruction  of  property  of  abolition  incendiaries. 

Mr  FOOTE. — The  Senator  seems  to  suppose  Ihat  I  wished  to 
decoy  him  to  the  Stale  of  Mississippi.  I  have  attempted  no  such 
thin"  I  have  thou"ht  of  no  such  thing.  I  have  openly  challenged 
him  to  present  himself  there  or  any  where  uttering  such  language 
and  breathing  such  an  incendiary  spirit  as  he  has  manifested  m  this 
bodv  and  I  have  said  that  just  punishment  would  be  indicted  upon 
him'  for  his  enormous  eriminalltv.  I  have  said  farther  that  it  ne- 
ceesary  I  would  aid  in  Ihc  infliction  ol  the  punishment.  My 
opinion  is,  that  enlishtened  men  would  sanction  that  punishment. 
But  says  the  Senatoi^  that  would  be  assassination  !  I  think  not. 
I  ain  sure  that  the  Senator  is  an  enemy  to  the  constitution  of  Ins 
P(,„n,ry_an  enemy  of  one  of  the  institutions  of  his  country  which 
is  solemnly  guaranteed  by  the  organic  law  of  the  land— and  in  so 
far  he  is  a"  lawless  person.  I  am  sure,,  if  he  would  go  the  Slate 
of  Mississippi  or  any  other  slave  State  of  this  coniederacy  and  ut- 
ter  suchlan^uaTC,  he  would  justlvbe  regarded  as  an  incendiary  in 
he  irt  an<l  inlacl,  and  as  such,  guilty  of  the  attempt  to  involve  the 
South  in  bloodshed,  violence  and  desolation,  and  il  the  arm  of  the  law 
hinpened  to  be  too  short,  or  the  spirit  of  the  law  to  be  slumberous, 
I'have  declared  that  the  duty  of  the  people  whose  rights  were  thus 
nut  in  dan<rer  would  be,  to  inflict  summary  punishment  upon  the 
offender  But,  says  the  Senator,  victims  have  been  made  and 
there  are  other  victims  ready.  I  am  sure  that  he  could  not  per- 
suade me  that  he  would  ever  be  a  victim.  I  have  never  deplored 
the  death  of  such  victims  and  I  never  shall  deplore  it.  Such  offi. 
cious  intermeddling  deserved  its  fate.  I  believe  no  good  man  who 
is  not  a  maiiiae,  as  the  Senator  from  New  Hampshire  is  appre- 
hended to  be,  can  have  any  sympathy  for  those  who  lawlessly  in- 
terfere wiih  the  rights  of  others.  He,  however,  will  never  be  a 
victim  '     He  is   one  of  those  gusty  deelairaers— a  windy  speak- 

er — a 

Mr  CRITTENDEN. — If  the  gentlemen  will  allow  me,  I  rise 
to  a  miestion  of  order.  Gentlemen  have  evidently  become  excited, 
ami  I  hear  rin  all  sides  language  that  is  not  becoming.  1  call  the 
gentleman  to  order  for  his  personal  rcferenue  to  the  Senator  from 
New  Hampshire. 

Mr  FOOTE.— I  only  said  in  reply  to  the  remarks  of  the  Sena- 
tor from  New  Hampshire ■ 

Mr  CRITTENDEN.— I  did  not  hear  what  the  Senator  from 
Now  Hampshire  said,  but  the  allusion  of  the  gentleman  from  Mis- 
sissippi, I  consider  to  be  contrary  to  the  rules  ol  the  Senate. 

Mr  FOOTE. — I  am  aware  of  that.  But  such  a  scene  has 
never  occurred  in  the  Senate— such  a  deadly  as.sailmont  of  the 
rights  of  the  country. 

Mr.  J OHNSON,  of  Maryland.— Has  the  chair  decided  ? 
Mr.  FOOTE. — Let  my  words  be  taken  down. 
The  PRESIDING   OFFICER.— In   the  opinion  of  tin;  Chair, 
the  genlleman  from  Mississippi  is  not  in  order. 

Mr.  FOOTE.— What  iiortion  of  my  remarks  is  not  in  order  ? 
The  PRESIDING  OFFICER.— The  gentleman  is  aware  ihal 
the  question  of  orilcr  is  not  debatcablc. 

Mr  WEST(;OTT.— I  ask  whether  the  words  objected  to  are 
not,  aieord'ing  to  the  rule,  to  be  reduced  to  writing  ? 

Mr  FOOTE.— I  pass  it  over.  But  the  Senator  from  New 
Hampshire  h..s  said,  that  if  I  would  visit  that  State,  I  w.nild  be 
treated  to  an  argument.  Why,  I  would  not  argue  with  hmi 
What  ri"ht  have  they  of  New  llampshire  to  argue  upon  this  point; 
It  is  not^a  matter  with  which  ihev  stand  in  the  least  connected. 
They  have  no  riL'hts  of  property  jf  this  description,  and  I  repiicc 
to  be  able  to  say.  that  a  largo  proportion  of  the  intelligent  and  pa- 
triotic people  of  New  Hamiishire,  do  not  concur  m  the  views  ex- 
pressed by  the  Senator  this  morninir.  They  take  the  ground  that 
the  people  of  the  United  States,  the  constitution  and  the  bmon, 
have  guaranteed  the  rights  of  the  South,  connected  with  this  prop- 


erty, and  that  the  people  of  New  Hampshire  have  no  right  at  all 
to  meddle  with  the  subject.  Why  is  it  not  a  fact,  that  gentlemen, 
members  of  this  body,  amongst  them  the  distinguished  Senator 
from  Massachusetts,  whom  I  regret  not  to  see  in  his  place,  are 
known  to  be  more  or  less  hostile  to  the  institutions  of  domestic 
slavery,  but  have  never  entertained  the  doctrine,  that  the  Congress 
of  the  United  States,  has  any  jurisdiction  whatever,  over  the  sub- 
ject ?  They  have  held  that  any  attempt  directly  or  indirectly,  to 
effect  abolition  or  to  encourage  abolition  by  congressional  legisla- 
tion is  at  war  with  the  spirit  and  letter  of  the  constitution. 

Mr.  HALE. — Will  the  Senator  allow  rae  to  inquire  if  he  can 
point  out  a  single  instance,  in  which  I  have  made  any  aggression 
upon  the  rights  of  property  in  the  South? 

Mr.  FOOTE. — That  is  the  very  thing  I  am  about  to  show. 
When  the  Senator  from  New  Hampshire  undertakes  to  assert  that 
those  northern  man  who  do  not  concur  with  him  are  "cravens," 
he  uses  lani'iiagc  of  false  and  scurrilous  import.  It  is  not  the  fact 
that  his  language  will  be  re-echoed  in  any  respectable  neighbor- 
hood in  New  England.  His  sentiments  will  find  no  response  or 
approval  in  any  enlightened  vicinage  in  New  England,  and  there- 
fore he  has  no  right  to  say  that  those  who  are  faithful  to  the  prin- 
ciples of  the  constitution  and  fail  to  re-echo  the  fierce,  fanatical,  and 
factious  declarations  of  the  Senator  are  "cravens''  in  heart,  and 
deficient  in  any  of  the  noble  sentiments  which  characterize  high 
spirited  republicans. 

Mr.  HALE. — I  did  not  use  such  language. 

Mr.  FOOTE. — Did  the  Senator  not  use  the  word  "craven"  ? 

Mr.  HALE.— If  the  Senator  will  allow  me,  I  will  inform  him 
that  when  the  Senator  from  Sou'h  Carolina  remarked  that  he  sup- 
posed it  was  thought  that  the  South  had  lost  all  feeling,  I  replied 
by  asking  if  it  was  supposed  that  the  North  had  no  sensibility, 
tliat  we  had  bowed  our  faces  to  the  earlh  with  our  backs  to  the 
sun  and  submitted  to  the  lash  so  long  that  we  dare  not  look  up? 

Mr.  FOOTE. — The  declarations  of  the  Senator  from  New 
Hampshire  just  amount  to  this,  that  if  he  met  me  on  the  highway 
and  addressing  me  gravely  or  humorously — for  he  is  quite  a  hu- 
morous person  age — should  say  I  design  to  take  that  horse  which 
is  now  in  your  possession,  and  then  announce  that  he  wished  to 
enter  into  an  argument  with  me  as  to  whether  I  should  prefer  that 
the  animal  should  be  stolen  from  the  stable  or  taken  from  me  on 
the  road.  How  could  I-meet  such  a  proposition?  Why  I  should 
say  to  him,  either  vou  are  a  maniac,  or,  if  sane,  you  are  a  knave. 
And  yet  tliis  very  ease  is  now  before  us.  The  Senator  from  New 
Hampshire  introduces  a  bill  obviously  intended  to  rob  the  people 
of  the  District  of  their  slaves.  I  will  read  it  and  show  that  such 
is  the  import  of  the  bill.  I  do  not  know  any  thing  about  the  paper 
to  which  reference  has  been  made.  It  has  been  sent  to  rae  as  to 
other  Senators  during  the  winter,  but  I  always  refrain  from  open- 
in"'  it.  The  editor  of  it  may  be  an  intelligent  man.  I  have  heard 
that  he  is.  He  is  certainly  an  abolitionist.  It  may  be  that  he  has 
not  in  his  paper  openly  avowed,  as  the  Senator  from  New  Hamp- 
shire seems  very  plainly  to  indicate,  that  ho  has  approved  of  this 
late  attempt  to  steal  tlie  slaves  from  this  District.  But  the  pub- 
lication of  such  a  paper  has  tended  to  encourage  such  movements. 

Mr.  HALE.^When  did  I  avow  that  I  approved  of  this  move- 
ment? 

Mr.  FOOTE. — I  will  shew  it  from  this  bill.  I  challenge  the 
Senator  to  produce  any  such  statute  from  the  statute-book  of  any 
State  of  this  Union. 

Mr  HALE. — I  have  said  that  the  bill  is  in  substance  identical 
w-ith  one  of  the  statutes  of  the  State  of  Maryland.  I  have  that 
statute  before  me  and  will  hand  it  to  the  Senator. 

Mr.  JOHNSON,  of  Maryland.— Allow  rao  to  see  it. 

Mr.  FOOTE. — How  are  we  lo   understand    the    Senator.     He 

will  not  acknowledge  that  his  object  is  to  encourage  such  conduct, 
and  he  shuns  the  responsibility.  When  we  charge  upon  him,  that 
ho  himself  has  breathed  in  the  course  of  his  harangue  of  this 
morniiiff  the  same  spirit  which  has  characterized  this  act,  he  says 
most  mildly  and  quietly,  "by  no  means — I  have  only  attempted 
to  introduce  a  bill  corresponding  substantially  with  the  law  on  the 
statute-books  of  most  of  the  States  of  this  confederacy."  And 
the  Senator  supposes  that  all  of  us  are  perfectly  demented,  or  do 
not  know  the  nature  of  the  ease,  the  circumstances,  or  the  motives 
which  have  actuated  the  Senator.  Will  he  undertake  to  assert, 
that  he  would  have  ever  thought  of  such  a  bill  if  these  slaves  had 
not  been  abducted  from  the  District,  in  opposition  to  the  consent 
of  their  owners,  by  the  parties  engaged  in  this  marauding  expedi- 
tion ?  He  cannot  deny  it  ;  and,  therefore,  I  am  authorized  to 
come  to  the  conclusion,  that  he  introduced  the  bill  for  the  purpose 
of  covcrint;  and  protecting  that  act  and  encouraging  similar  acts 
in  future.  What  is  the  phraseology  of  the  bill  1  (The  honorable 
Senator  here  rend  the  bill.)  Who  doubts  now  that  the  object  of 
the  Senator  from  New  Hampshire  was  to  secure  the  ca|itain  of 
vessels  and  others  engaged  in  any  attempts  by  violence  to  capture 
and  steal  the  si  ives  of  this  District  <  No  man  can  doubt  it.  Then, 
1  ask,  have  I  used  language  too  harsh,  and  is  it  not  a  fact,  that 
the  Senator  is  endeavoring  to  evade  a  responsibility  which  he  is 
not  willing  to  acknowledge?  , 

Mr.  HALE.— Will  the  Senator  give  way  for  a  moment?  1 
will  read  an  extract  from  the   law  of  Maryland  to  which  I  re- 


April  20.] 


IN  THE  DISTRICT  OF  COLUMBIA. 


519 


ferred.    Will  the  Senator  be  good  enough  to  look  at  my  bill  while 
I  read? 

,1ii  act  relative  to  riota  : 

Skc.  ] . — Tie  It  enacted  by  the  General  Assembly  of  Maryland.  That  from  and  af' 
ler  tile  passage  of  this  act,  if  any  coantry  or  incorporated  town,  or  city  of  this  State, 
any  church,  chapel  or  convent,  any  dwelling  house,  any  house  used  or  designed  by  any 

JieriOn.  or  any  body  politic,  or  corjiOrnte,  as  a  place  for  the  transaction  of  business,  or 
leposite  of  proiierty.  any  ship,  shij)  yaril  or  lumber  yard,  any  barn,  stiihle  or  other 
out-house,  or  any  articles  of  personal  pioperty.  shall  be  injured  or  deslroyeil,  or  if  any 
property  therein  or  thereon  shall  betaken  away,  injured  or  destroyed,  by  any  riotous 
•r  tumultuous  a-seniblage  of  people,  the  full  amount  of  the  ilainape  shall  be  rccovera 
ble  by  the  .utferer  or  sufferers,  by  suit  at  law  agiiinst  the  county,  town  or  city,  within 
whose  jurisdiction  such  riot  or  tumult  occurred.  [Provided,  however,  that  no  such 
liability  shall  be  incurred  bv  such  county,  incorporated  town,  or  ctty,  unless  the  au- 
thorities thereof  shall  lia\e  had  pood  reason  to  believe  that  such  riot  or  tumultuous  a.- 
semblage  was  about  to  take  place,  or  having  taken  place,  should  have  had  notir;e  of 
the  same  in  time  to  prevent  said  injury  or  destruction,  ellher  by  their  own  police  or 
with  the  aid  of  the  citizens  of  such  county,  town,  or  city,  it  being  the  intention  of  this 
act,  that  uo  such  liability  shall  be  des'olved  on  such  county,  town,  or  city,  unles.s  the 
authorities  Ilicreof  having  notice,  have  also  ihe  ability  of  themselves,  or  with  their  own 
citizens,  to  prevent  said  injurv:  Provided  further,  that  in  no  ease  shall  inriemnity  be 
itceived  where  it  shall  be  satisfactorily  proved  that  the  civil  authorities  and  citizens  of 
said  county,  town,  or  city,  when  called  on  by  the  civil  authorities  thereof,  have  used 
all  reasonable  diligence,  .and  all  the  powers  entrusted  to  them  for  the  prevention  or 
suppression  of  such  riotous  or  unlavvfiil  assemblies.] 

SErTtoN  2. — Anil  be  it  enacted.  That  in  any  suit  instituted  under  this  act,  the 
plaintilfor  plaintitfVmay  declare  generally,  and  give  the  special  matter  in  evidence. 

The  honorable  Senator  will  surely  now  do  me  the  justice  to  say, 
that  the  bill  was  not  drafted  with  reference  to  any  particular  case, 
such  as  that  to  which  he  refers.  I  had  not  the  remotest  reference  to 
the  protection  of  individuals  concerned  in  transactions  of  that  char- 
acter ;  but  if  I  should  undertake  to  say,  that  I  had  not  reference  to 
demonstrations  growinji;  out  of  that  transaction,  I  should  be  saying 
what  was  false,  for  it  was  these  demonstrations  which  induced  me 
to  introduce  the  bill, 

Mr.  FOOTE. — In  one  breath  the  Senator  makes  two  directly 
contradictory  assertions.  He  says  that  lie  did  not  draw  the  bill 
in  relerence  to  this  case,  and  in  the  same  breath  declares  that  he 
did .'  He  disclaims  in  one  moment  that  which  he  avows  in  the 
next .'  I  am  sorry  that  I  have  occupied  the  attention  of  the  Sen- 
ate so  long.  I  have  felt  deeply  on  this  subject.  We  have  wit- 
nessed this  morning  the  first  attempt  on  this  floor,  to  violate  the 
constitutional  rights  of  the  South,  and  I  hope  it  will  be  the  last.  I 
trust  that  the  indignation  of  the  country  will  be  so  arou.sed,  that 
even  in  the  quarter  of  the  country  from  which  he  comes,  the  Sena- 
tor from  New  Hampshire,  although  his  sensibilities  are  not  very 
approachable,  will  be  made  to  feel  ashamed  of  bis  conduct. 

Mr.  MANGUM. — It  has  been  now  about  fourteen  years,  I  be. 
lieve.  since  the  Senate  very  wisely  by  the  concurrence  of  the  ablest 
and  most  distinguished  men  on  both  sides,  came  to  the  resolution 
to  exclude  discussion  upon  the  inflaming  topic  of  slavery;  and  that 
when  abolition  petitions  were  presented,  upon  the  question  of  re- 
ception, amotion  should  be  entertained — which  motion  is  not  debate- 
able — and  the  vote  taken  upon  it,  to  lay  the  motion  for  reception 
upon  the  table.  There  has  been  ever  .since  this  rule  was  es- 
tablished, a  steady  and  uniform  adherence  to  it,  but  I  am  sorry  to 
perceive  that  there  is  latterly  a  disposition  manifesting  itself  to 
depart  from  the  salutary  rule  of  action  which  the  Senate  thus 
wisely  prescribed  for  itself.  Upon  this  question  of  slavery  we 
know  there  are  different  opinions  entertained  in  different  quarters 
of  the  Union.  I  stand  here  representing  the  interests  of  one  por- 
tion of  that  Union,  but  I  could  not,  if  I  would,  bring  myself  to  a 
state  of  excitement  and  alarm  in  consequence  of  any  menaces  that 
might  be  thrown  out.  1  stand  upon  the  constitutional -compromi- 
ses ;  and  while  I  would  not  invade  the  rights  of  others,  I  am  very 
sure  that  the  sound  portion  of  the  community  will  not  invade  our 
rights.  Why  should  we  pursue  this  discussion  ?  Is  it  believed 
that  we  are  to  be  reasoned  out  of  our  rights  ?  Are  we  to 
be  reasoned  out  of  our  convictions  ?  No,  sir.  Then  why  discuss 
the  subject?  Why  not  stand  upon  our  rights;  upon  our  consti- 
tutional compromises  ?  Why  not  stand  thus  perfectly  passionless, 
but  prepared  to  defend  them  when  they  shall  be  assailed  ?  But  are 
they  to  be  assailed  ?  Sir,  nothing  has  occurred  duiii'g  this  session 
that  has  afforded  me  more  satisfaction  than  to  hear  from  some  of 
the  ablest  and  most  distinguished  men  in  this  Union,  the  declara- 
tion that  whilst  they  are  opposed  to  an  extension  of  the  area  of 
slavery,  they  are  not  disposed  to  trample  upon  the  compromises 
of  the  constitution.  This  is  our  strength.  It  is  to  be  found  in  the 
patriotism  of  those  who  love  the  institutions  of  our  counjiy  better 
than  party.  I  believe  the  great  body  of  the  people  are  prepared 
to  stand  upon  the  compromises  of  the  constitution.  It  is  upon  this 
ground  that  I  stand  content  and  passionless,  and  if  I  know  myself 
I  shall  ever  continue  to  do  so. 

Sir,  no  good  can  result  from  this  discussion.  I  shall  vote  against 
the  reception  of  the  bill  at  this  time.  And  why?  Because  I  think 
that  the  occasion  wliich  is  selected  for  its  introduction  is  a 
very  unhappy  one.  It  seems  to  grow  out  of  the  occurrence 
of  an  unwarrantable  trespass,  recently  committed  upon  the 
rights  of  the  citizens  of  this  District,  without  being  directed 
to  the  prevenlion  of  such  aggressions  in  future,  but  on  the 
contrary,  having  for  its  object  the  suppression  of  the  manifes- 
tations of  the  feelings  of  indignation  which  such  acts  naturally 
create.  We,  who  are  the  only  legislators  for  the  District 
of  Columbia,  are  not  informed  of  tliei'-  wants  and  wishes  in 
regard  to  legislation  upon  this  subject.  If  the  people  of  this  Dis- 
trict require  any  other  laws  than  they  already  have,  for  the  purpose 
of  protecting  their  property  against  I'mlawful  violence,  let  tliem  in- 
dicate to  us  their  wishes;  and  I  shall  be  ready  to  lend  a  willing  ear  to 
their  request,  and  to  aid  in  pasMUg  such  a  law  as  in  my  judgment 


rnay  be  necessary  for  their  protection.  If  on  the  other  hand,  the 
citizens  of  this  District,  should  require  other  and  more  penal  laws 
for  the  purpose  of  protecting  their  slave  property,  I  shall  be  as 
ready  to  vote  for  a  bill  for  that  purpose.  But  I  shall  never  vote 
for  the  one  nor  the  other,  when  I  find  them  pressed  forward  by 
gentlemen  of  extreme  opinion.s— gentlemen  from  remote  portions 
of  the  Union,  having  few  feelings  in  common  with  the  citizens  of 
the  District. 

Sir.  upon  these  subjects  I  am  accustomed  to  look  to  the  silent  op- 
cra^tion  of  the  law  for  the  protection  of  all  our  rishts.  In  the 
State  from  which  I  came  there  is  no  excitement  in  re"ard  to  these 
subjects.  If  I  know  any  thing  of  the  character  of  that  loyal 
steady,  fixed,  and  moderate  Slate,  there  js  uo  Slate  in  the  Unioii 
which  will  hold  to  her  principles  and  her  rights  with  more  firmness 
than  that  Stale.  But  we  appeal  to  the  silent  operation  of  the 
law;  we  know  nothing  of  mob  law,  or  of  Lynch  law;  we  know 
nothing  of  excesses  of  this  description.  Although  I  have  lived  to 
be  an  old  man,  most  of*the  time  in  North  Carolina,  I  have  never 
seen  any  tiling  in  that  State  approximating  even  to  a  spirit  of  pop- 
ular tumult. 

Mr.  KOOTE.— Will  the  honorable  Senator  allow  me  to  ask 
him  whether  in  the  case  of  a  conspiracy  to  excite  insurrection 
among  the  slaves,  it  would  not  in  his  opiiiion  justify  mob  proceed- 
ings ? 

Mr.  MANGUM.— Oh  !  my  dear  sir,  in  former  years  we 
had  a  compendious  mode  of  disposing  of  such  cases.  We  ha-.e 
now  a  mode  equally  certain,  though  not  so  compendious. 
Upon  a  matter  of  that  nature,  we  take  a  strong  ground.  But  I 
am  not  to  be  driven  hastily  into  legislation  that  is  proposed  by  Gen- 
tlemen who  entcrlain  extreme  opinions  on  either  side.  I  am" ac- 
customed to  look  to  the  people  of  the  District  for  an  exposition  of 
their  wants  in  regard  to  legishition.  Tliey  necessarily  understand 
them  better  than  we  can  do.  Upon  their  suggestion  I  am  prepar- 
eil  to  act  either  in  providing  penal  enactments  for  the  protection 
of  their  slave  property,  or  for  protecting  other  descriptions  of 
property  from  mob  violence.  I  do  not  intend  to  enter  into  the 
question  as  to  the  propriety  of  making  property  holders,  to  some 
extent,  answerable  for  any  damage  that  may  accrue  from  such 
violence,  where  tiay  have  a  police  in  existence.  I  understand 
thtit  in  Maryland,  they  have  such  a  law  applicable  to  towns  and 
cities  where  they  have  a  police.  But  enleriaining  the  views  I  do 
believing  that  this  movement  is  wholly  inexpedient  on  this  occa- 
sion— having  no  evidence  that  it  would' be  proper  on  any  occasion 
but  perceiving  that  the  proposed  measure  has  grown  out  of  ex- 
citement, I  move  that  the  motion  for  leave  to  introduce  the  bill 
lie  upon  the  table,  and  upon  that  question  1  ask  for  the  yeas 
and  nays. 

Mr.  CALHOUN. — Will  the  Senator  be  good  enough  to  with- 
draw that  motion  for  a  moment  ? 

Mr.  MANGUM.— Certainly. 

BIr.  CALHOUN.— If  there  is  any  responsibility  in  regard  to 
this  question,  that  responsibility  is  on  me.  " 

Mr.  MANGUM.— No,  sir,  I  do  not  take  it  so.  I  feel  that  the 
responsibility  is  upon  the  inopportune  presentment  of  a  bill  of  this 
sort,  so  soon  after  the  transactions  which  have  recently  taken  pkice 
in  the  District.  That  is  my  notion.  I  think  the  responsibility  is 
upon  the  introducing  of  such  a  measure,  at  a  time  when  excitement 
exists  all  around  us. 

Mr.  CALHOUN. — I  am  very  happy  to  hear  that  such  is  the 
opinion  of  the  honorable  Senator;  but  i  disagree  with  my  worthy 
friend,  the  Senator  from  North  Carolina,  in  sev"eral  particulars.  I  do 
not  look  upon  a  slate  of  excitement  as  a  dangerous  state.  On  the 
contrary,  1  look  upon  it  as  having  often  a  most  wholesome  tenden- 
cy. The  state  to  be  apprehended  as  dangerous  in  any  community 
is  this;  that  when  there  is  a  great  and  growing  evil  in  existfence 
the  community  should  be  in"a  cold  aiid  apathetic  state.  Na- 
tions are  much  more  apt  to  perish  in  consequence  of  s  ucli 
a  state,  than  through  the  existence  of  heat  and  excitement. 
Nor  do  I  agree  with  the  Senator  from  North  Carolina,  in 
thinking  that  this  is  an  analagous  case  to  that  of  the  qiies- 
tion  .as  to  the  reception  of  petitions  on  the  subject  of  slaverv 
for  w-e  all  know  that  in  lefereuee  to  the  latter  the  question  was' 
whether  the  Setiaie  was  not  bound  to  receive  petitions  in  all  cases 
and  all  subjects.  Now  here  is  a  case  in  which  there  is  no  doubt 
whatever.  All  admit  that  the  question  of  granting  leave,  is  a 
question  depending  upon  the  voice  of  the  Senate  as  "a  matter  of 
discretion — there  is  no  question  of  right  whatever.  Now,  I  submit 
to  the  Senator  from  North  Carolina,  whether  under  the  circum- 
stances of  a  bill  of  this  kind,  introduced  at  such  a  moment,  to  subject 
the  worthy  citizens  of  this  District  to  a  high  penalty  without  con- 
taining a  single  clause  for  the  punishment  of  those  who  commit 
outrages  upon  them,  and  deprive  them  of  their  propcrtj'— withoiii; 
a  single  expression  against  such  marauders,  must  not  he  con- 
.sidered  a  most  extraordinary  measure,  let  it  come  from  whatsoever 
quarter  it  may?  Can  any  man  doubt,  that  whether  intended  or 
not,  the  object  of  this  bill  is  to  disarm  the  worthy  citizens  of  this 
District  so  as  to  prevent  them  from  defending  theirproperty,  and  to 
arm  the  robber.s?  That  is  the  whole  amount  of  it.  The  Congress  of 
this  Union  is  the  legislature  of  the  District  of  Columbia;  and  wliat  is 
our  duty  on  this  occasion  ?  It  is  to  protect  these  our  constituents, 
who  have  no  other  protection  but  ours.  It  is  our  duty  to  stand  for- 
ward in  their  behalf  v^heii  the  extraordinary  spectacle  is  presented 


520 


BILL  RELATING  TO  RIOTS,  ETC., 


[Thursday, 


to  us,  of  a  vessel  coiiiinpr  to  our  wharves,  under  the  color  of  com- 
merce, and  of  the  men  licioii},'mg  to  that  vessel  silently  seducing 
away  our  slaves,  and  geltinj;  nearly  a  hundred  of  them  on  hoard,  and 
then  moving  ofl"  with  them  under  cover  of  the  night,  in  order  to 
convey  them  beyond  our  reaun.  What  is  our  duty  under  these  cir- 
cumstances ?  Is  it  not  to  taKC  up  the  subject,  as  I  trust  the  Com 
miltee  on  the  Judiciary  will  do,  and  jiass  a  hill  containing  the 
highest  penalties  known  to  me  law,  against  pirates  who  are  guilty 
of  acts  like  these? 

I  difler  also  from  my  Honorable  friend  from  North  Carolina,  in 
this  respect.  He  seems  lo  inmk  that  the  proper  mode  of  meeting 
this  great  question  of  diflerence  between  the  two  sections  of  the 
Union  is  to  let  it  go  on  silenriy,  not  to  notice  it  at  all,  to  have  no 
excitement  about  It.  I  ditler  I'roin  him  altogether.  I  have  ex- 
amined this  subject  certamiy  with  us  much  care  as  my  abilities 
would  enable  me,  and  if  i  am  not  greatly  deceived,  if  1  have  any 
capacity  to  perceive  what  is  coming,  I  giv^  it  as  my  most  deliberate 
opinion,  that  if  such  course  io  pursued  on  our  part,  and  the  activ- 
ity of  those  infiucnccs  on  the  otner  side  be  permitted  to  go  on,  the 
result  of  the  whole  will  be,  mat  wo  shall  have  St.  Domingo  over 
again.  Ves,  and  worse  tluin  tnnt.  Now,  sir,  we  have  been  asleep; 
and  .so  far  from  the  thing  heiiig  stationary,  it  is  advancing  rapidly 
from  year  to  year.  What  ims  taken  ]ihiee  within  the  last  few 
weeks  in  the  Legislature  of  Wew  York  ?  There  is  a  ]irovisioii  in 
the  conslitution  proteclive  or  me  rights  ol'the  south  on  this  subject, 
and  what  is  it  ?  That  the  States  shall  deliver  up  fugitive  slaves  that 
are  found  within  their  limits,  it  is  a  stipulation  in  the  nature  of  an 
extradition  treaty — I  mean  a  ireatv  for  delivering  u]i  fugitives  from 
justice.  Now,  what  tlutv  ooe**  lliis  imjiose  ujtou  the  .States  of  this 
Union?  It  imposes  iijion  them,  tipon  the  known  principles  of  the  law 
of  nations,  an  active  co-oneraiion  on  the  part  of  their  legislature, 
citizens  and  magistrates  in  seiz-ing  and  delivering  up  slaves  who 
have  escaped  Ironi  their  owners.  Wli.'it  has  been  done  by 
the  Legislature  of  the  Ktate  of  New  York?  1  speak  on 
the  statements  of  newspapers  which  have  not  been  con- 
tradicted. They  have  passed  a  law  almost  unanimously, 
there  being  but  two  votes  against  it — making  it  penal  for 
a  citizen  of  that  .State  even  to  aid  the  federal  officers  in  seiz- 
ing and  delivering  up  slaves.  They  not  only  do  not  co-ope- 
rate, they  not  only  tlo  not  stand  neutral,  but  they  take  positive 
and  active  meusiires  to  violate  the  conslitution  and  to  trample 
U|)on  the  laws  of  the  Union,  and  yet  we  are  told  that  things  are 
going  on  very  well  and  will  go  on  well  if  we  only  let  them  alone; 
that  the  evil  will  cure  itself.  This  is  what  has  been  done  in  the 
.Slate  of  New  York.  The  only  stipulation  in  the  constitution 
which  confers  any  benefit  upon  its,  is,  without  the  least  recrard  to 
faith,  trodden  in  the  dust.  And  New  York  stands  not  alone  in  this 
matter;  many  other  States  have  adopted  similar  measures.  Penn- 
sylvania, at  the  session  before  last,  adopted  one,  not  going  to  this 
extreme,  hnt  not  tailing  greatly  short  of  it.  And  what  has  taken 
jdaee  under  that  law?  A  most  worthy  citizen  of  Marvlaiid,  ii]ioii  his 
attempting  to  recapture  his  slave,  is  inurilered — that  is  the  proper 
term — and  the  perpetrattu'  of  the  act  goes  in  a  great  measure  unpun- 
ished. I'hcre  was  a  trial  and  some  one  may  have  bci-n  found  guilty, 
but  little  was  done.  I  i-oiild  go  on  and  consnine  the  wliole  d.ay  in 
tracing,  step  h\  stc]),  the  course  by  which  every  stipulation  in  favor 
oi'  lliis  description  of  j^roperty  has  been  set  at  naught  in  the  northern 
States.  IS'ow,  if  all  this  is  the  fact,  1  put  it  irravtly  and  seriously  to 
our  brethren  of  the  northern  States,  can  this  thing  go  on  ?  Is  it  de- 
sirable that  it  should  be  jiassed  without  condemnation?  Is  it  de- 
sirable thai  the  .South  should  be  kept  ignorant  of  all  lliis?  I  put  these 
tjuestions.  No,  no.  The  very  inaction  of  the  South  is  construed 
into  one  of  two  things — inditlerence  or  timiilily.  Audit  is  this 
construction  which  has  produced  this  bold  and  rapid  movement  to- 
wards the  ultimate  eoiisiimmalion  of  all  this.  And  why  have  we 
stood  and  done  nothing?  1  will  tell  you  why.  IJeeause  the  press 
of  tills  Union,  lor  some  reason  ov  (Uher.  does  not  choose  to  notice  this 
thinir.  One  section  does  not  know  what  the  other  section  is  doing. 
'I'he  South  does  not  know  the  hundredth  jiart  of  all  that  has  been 
done  at  the  North.  Now,  since  tliis  occurrence  has  taken  place,  a 
-suitable  occasion  is  presented  for  gentlemen  to  rise  here  and  tell  tlie 
whole  Union  what  is  doing.  It  is  for  the  interest  of  the  North  as  well 
as  the  South.  1  ilo  not  stand  here  as  a  southern  man.  1  stand  here  as 
a  member  ot  one  ol  the  branches  ol'the  Icoislatiirei)!'  this  Union — ^lov- 
ing the  whole,  and  desiring  to  save  the  winde  How  are  vou  to  do  it? 
It  can  be  saved  (Uily  by  justice,  and  how  is  justice  to  be  done?  Ry  the 
fullibncnt  of  the  stipulations  of  the  constitution.  I  ask  no  more — 
as  I  know  inysi'll,  1  would  luit  ask  a  partii-le  that  did  not  belong 
to  us,  eitlu'r  m  our  iudividuiit  or  confetleratod  character.  Hut  less 
than  that  I  never  will  lake.  Sir,  1  hold  ecpiality  among  the  confed- 
erated states  to  be  the  highest  point,  and  any  portion  of  the  emifed- 
crateil  states  who  shall  permit  themselves  to  sink  lo  u  point  of  in- 
feriority— not  defending  what  really  behuigs  to  them,  as  membcis. 
Mgii  their  own  deatii  warrant,  and  in  signing  that,  sign  the 
ilooni  of  the  whole.  Upon  the  just  luaintaiiu'nce  of  our" 
rights— not  oidv  our  safety  depends,  but  the  c.yistence  and 
safely  of  this  gloritms  Union  of  ours.  And  I  lioUl  that  man 
responsible,  and  that  state  responsible,  who  do  not  raise  a 
voice  against  every  known  and  clear  infraction  of  the  stipulations 
of  the  constitution  in  their  favor.  This  is  a  proper  occasion,  and 
i  hope  there  will  be  :i  full  expression  of  f)piiiion  upon  it.  I  hope 
my  friend  from  North  ('arcdina  will  reconsider  his  motion,  and  not 
press  it.     Let  us  meet  this  question  at  once. 

Mr.  DOUGLAS. — I  have  listened   to   this  debate  with  a  good 
deal  of  interest.     Bui    while   I  have  soen  considerable  excitement 


exhibited  on  the  part  of  a  few  gentlemen  around  me,  I  confess  that 
I  have  not  been  able  to  work  myself  into  any  thing  like  e  passion. 
I  think  that  probably  the  Senator  from  New  Hampshire  has  done 
much  to  accomplish  his  object.  His  bill  is  a  very  harmless  thing 
in  it.--elf  ;  but  being  brought  forwaixl  at  this  time  and  under  the 
present  circumstances,  it  has  created  a  good  deal  of  excitement 
among  gentlemen  on  this  side  of  the  chamber. 

Mr.  CALHOUN,  (in  his  seat.) — Not  the  bill — the  oceurrence. 

Mr.  DOUGLAS.— On  the  occurrence  I  desire  to  sav  a  word. 
In  the  first  place,  I  must  congratulate  the  Senator  from  New 
Hampshire  on  the  great  triumph  which  he  has  achieved.  He 
stands  very  prominently  before  the  American  people,  and  is.  I  be- 
lieve, the  only  man  wlio  has  a  rational  nomination  for  the  Presi- 
dency. I  firmly  believe  that  on  this  floor  lo-day,  by  the  aid  of  the 
Senator  from  South  Carolina,  and  the  Senators  from  Mississippi, 
he  has  more  than  doubled  his  vote  at  the  presidential  election,  and 
every  man  in  this  chamber  frtim  a  free  State  knows  it!  I  looked 
on  with  anuizement  for  a  time,  to  see  whether  there  could  be  an 
underslanding  between  the  Senator  from  New  Hampshire  and  his 
southern  friends,  calculated  to  give  him  encouragement,  strength 
and  power  in  the  contest.  But  I  know  that  those  distinguished 
Senators  from  the  South,  to  whom  I  have  referred,  are  incapable 
of  such  an  undertaking,  yet  I  tell  them  that  if  they  had  gone  into 
a  caucus  with  the  Senator  from  New  Hampshire,  and  after  a 
night's  sludv  and  deliberation,  had  devised  the  best  means  to  uian- 
utacture  abolitionism  and  abolition  votes  in  the  north,  ihev  would 
have  lallen  upon  precisely  the  same  kind  of  procedure  which  they 
have  adopted  to-day.  A  few  such  exciting  scenes  sufReed  lo  send 
that  Senator  here.  -  I  mean  no  disrespect  to  him  personally,  but  I 
say  with  his  sentiments,  with  his  principles,  he  could  never  have 
represented  a  free  Slate  of  this  Union  on  this  floor  but  for  the  aid 
of  southern  speeches.  It  is  the  speeches  of  southern  men,  repre- 
.senting  slave  States  going  to  an  extreme  ;  breathing  a  fanaticism 
as  wild  and  as  reekles.s  as  that  of  the  Senator  from  New  Hamp- 
shire, which  creates  abolitionism  in  the  north.  The  extremes 
meet.  It  is  no  other  than  southern  Senators  acting  in  concert,  and 
yet  without  design,  that  produces  abolition. 

Mr.  CALHOUN  — Does  the  gentleman  pretend  to  say,  that 
myself  and  southern  gentlemen  who  act  with  me  upon  this  occa- 
sion, are  fanatics  ?  Have  we  done  any  thing  more  than  defend 
our  rights,  encroachetl  upon  at  the  north  ?  Am  I  to  understand 
the  Senator  that  we  make  abolition  votes  by  defending  our  rights  ? 
If  so,  I  thank  him  for  the  information,  and  do  not  care  how  many 
such  votes  we  make. 

Mr.  DOUGLAS.— Well,  I  will  say  to  the  Senator  from  South 
Carolina,  and  every  other  Senator  from  the  South,  that  far  be  it 
from  me  to  entertain  the  ihonght,  that  thev  design  to  create  abo- 
litionists in  the  North,  or  elsewhere.  Far  be  it  from  me  to  impute 
any  .such  design  !  Yet  I  assert  that  such  is  the  only  inevitable  ef- 
fect of  their  conduct. 

Mr.   CALHOUN— (in  his  seat.)- 

sclves. 


-We  are  only  defending  oar- 


Mr.  DOUGLAS. — No,  ihey  are  not  defending  themselves!  — 
They  suflcr  themselves  to  become  excited  upon  this  question — to 
discuss  it  with  a  decree  of  hear  and  uive  it  an  importance,  ■which 
makes  it  heard  and  felt  throughout  the  Union,  ll  is  llius  that  abo- 
lition derives  its  viialitv.  My  friend  from  Mississippi,  [Mr. 
FooTE,]  in  his  zeal  and  excitement  this  morning,  made  a  remark 
in  the  invitation  which  he  extended  lo  the  Senator  from  New 
Hampshire  to  visit  Mississippi,  which  is  worth  ten  thousand  votes 
to  the  Senator,  and  I  am  confident  that  that  Senator  would  not  al- 
low my  friend  to  retract  that  remark  for  ten  thousand  votes! 

Mr.  FOOTE.— Will  you  allow  me? 

Mr.  DOUGLAS— Certainly. 

Mr.  FOOTE —If  the  eli'cnt  of  that  remark  will  be  to  give  to 
that  Senator  all  the  abolition  votes,  be  is  fairly  entitled  to  them. 
Had  the  .Senator  IrWm  Illinois  lived  where  1  have  resided — had  he 
seen  insurrection  cxhiiiiling  its  fiery  front  in  the  midst  of  the  men, 
women,  nnd  children  of  the  community. — had  he  had  reason  to  be- 
lieve that  the  machinery  of  insurrection  wa^  at  such  a  time  in  rea- 
diness for  purposes  til  llie  most  deadly  .^.-haracter,  involving  life, 
and  that  dearer  than  life,  to  every  southern  man — had  he  witncs.s- 
cd  such  -scenes,  and  believed  that  movements  like  that  of  this  morn- 
ing were  calculated  to  engender  feelings  out  of  which  were  to  arise 
fire,  blood,  and  desolation,  the  destruction  finally  of  the  South,  he 
would  regard  himself  as  a  traitor  to  the  best  sentiments  of  the  hu- 
man heart,  if  he  did  not  speak  out  the  language  of  manly  denunci- 
atitiii.  I  can  use  no  other  laniriiage.  I  eanmu  but  repeat  my  coii- 
\iction,  that  any  man  who  daics  lo  utter  such  senliments  as  those 
of  the  Senator  from  New  Hampshire,  and  attempts  to  act  them 
out  any  where  in  tlie  sunny  South,  will  meet  death  upon  the  scaf- 
fold, and  deserves  it  ! 

Mr.  DOUGLAS.— I  must  again  congratulate  the  Senator  from 
New  Hampshire  on  the  accession  of  five  thousand  voles  !  Sir,  I 
do  not  blame  the  Senator  from  Mississippi  for  being  indignant  at  any 
man  from  any  portion  of  this  Union,  who  would  produce  an  in- 
cendiary (  xcitciucut — who  would  kindle  the  flame  of  civil  war — 
who  Would  incite  a  negro  insurrection  hazarding  the  life  of  any 
man  in  the  southern  Statee.  The  Senator  has,  I  am  aware,  rea- 
son to  feel  deeply  on  this  subject.  But  I  am  not  altogether  un- 
acquainted with  the  peculiar  circumstances  of  the  sections  of  the 


ApEtL  20.] 


IN  THE  DISTRICT  OF  COLUMBIA. 


521 


country  to  which  ho  has  alluded.  I  have  lived  a  good  portion  of 
my  life  upon  the  immediate. borders  of  a  slave  State.  I  have  seen 
the  operation  of  such  excitements  as  those  ol  which  he  speaks, 
upon  both  sides  of  the  line.  I  can  well  appreciate  the  excited 
feeling  with  which  gentlemen  in  the  South  must  regard  any  agi- 
latmg  movement  to  gel  up  insurrections  amongst  their  negro 
servants. 

Mr.  DAVIS,  of  Mississippi.— I  do  not  wish  to  bo  considered  as 
participaling  in  the  feeling  to  which  the  Senator  alludes.  I  have 
no  fear  of  insurrection,  no  more  dread  of  our  slaves  than  I  have 
nf  our  cattle.  Our  slaves  are  happy  and  contented.  They  bear 
the  kmdcst  relation  'hat  labor  can  sustain  to  capital.  It  is  a  pa- 
lernal  inslilulion.  They  are  rendered  miserable  only  by  the  un- 
warrantable interference  of  those  who  know  nothing  about  that 
with  which  ihey  meddle.  I  rest  this  case  on  no  fear  of  in- 
surrection; and  I  wish  it  to  be  distinctly  understood  that  we  are 
able  to  take  care  of  ourselves  and  to  punish  all  incendiaries.  It 
was  the  insult  offered  to  the  institutions  which  we  have  inherited 
that  provoked  my  indignation. 

Mr.  FOOTE. — Will  the  honorable  Senator  allow  me  to  make  a 
remark? 

Mr.  DOUGLAS.— With  a  great  deal  of  pleasure. 

Mr.  FOOTE.— If  it  he  understood  that  I  expressed  any  fear  of 
insurrection  which  might  qrow  out  of  this  movement  it  is  a  mis- 
take. I  said  that  such  an  audacious  movement  as  this  could  not 
be  tamely  submitted  to  without  encouraging  its  authors  to  pro- 
ceedi  and  in  that,  I  think,  all  who  have  spoken  on  this  side  of  the 
chamber  concur. 

Mr.  DAVIS,  of  Mississippi.— I  did  not  intend  to  imply  that  my 
colleague  had  taken  any  such  course  as  that  which  I  disclaimed. 
His  ground  was  that  which  the  peace  and  security  of  the  South 
has  justified,  and  which  will,  of  necessity,  be  their  position  in  fu- 
ture. When  Dr.  Johnson  heard  that  a  man,  whose  life  had  been 
a  course  of  villainy,  had  committed  suicide  by  hanging  himself,  he 
replied,  "it  was  a  right,  that  a  life  which  had  been  uniformly  oh- 
litpie,  should  be  terminated  by  a  perpendicular,'' 

Mr.  DOUGLAS.— All  that  I  intended  to  say  was  that  the  effect 
of  this  excitement — of  all  these  harsh  expressions,  will  be  the  cre-- 
ation  of  abolitionists  at  the  North. 

Mr.  FOOTE.— The  more  the  better  ! 

Mr.  DOUGLAS.— The  gentleman  may  think  so;  but  some  of 
us  a,t  the  North  do  not  concur  with  him  in  that  opinion.  Of 
course  the  Senator  from  New  Hampshire  will  agree  with  him,  be- 
cause he  can  fan  the  flame  of  excitement  so  as  to  advance  his  po- 
litical prospects.  And  I  can  also  well  understand  how  some  gen- 
tlemen at  tho  South  may  quite  complacently  regard  all  this  ex- 
citement, if  they  can  persuade  their  constituents  to.  believe  that  the 
institution  of  slavery  rests  upon  their  shoulders — that  they  are  the 
men  who  meet  the  Goliah  of  the  North  in  this  great  contest  about 
abolition.  It  gives  them  strength  at  home.  But  we,  of  the 
North,  who  have  no  sympathy  with  abolitionists,  desire  no  such 
excitement. 

Mr.  CALHOUN. — I  must  really  object  to  the  remarks  of  the 
Senator.  We  are  merely  defending  our  rights.  Suppose  that  we 
defend  them  in  strong  language  ;  have  we  not  a  right  to  do  so  ? — 
Surelv  the  Senator  cannot  mean  to  impute  to  us  the  motives  of  low 
ambition.  He  cannot  realize  our  position.  For  myself,  (and  I 
presume  I  may  speak  for  those  who  act  wiih  me,)  we  place  this 
queslion  upon  high  and  exalted  orounds.  Long  as  he  may  have 
lived  in  the  neighborhood  of  slaveholding  States,  he  cannot  have  re- 
alized any  thing  on  the  subject.  I  must  object  entirely  to  his 
course,  and  say  that  it  is  at  least  as  ofl'ensive  as  that  of  the  Sena- 
tor from  Now  Hampshire. 

Mr.  FOOTE. — Will  tho  Senator  from  Illinois  allow  me  a 
w:ord  ? 

Mr.  DOUGLAS. — In  a  moment.  I  am  sorry  tliat  the  honora- 
ble Senator  regaras  my  language  as  ofl'ensive  as  that  of  the  Sena- 
tor from  New  Hampshire.  '\Vill  he  allow  me  to  remark,  in  tho 
first  place,  that  I  did  not  suppose  that  I  should  ever  be  classed 
with  the  Senator  from  New  Hampshire  or  the  subject  of  slavery  ; 
and,  in  the  next  place,  that  I  did  not  say  anything  disrespectful  to 
the  Senator  from  South  Carolina,  or  any  one  associated  with  him 
on  this  question.  I  did  not  impugn  his  motives.  I  said  exjilicitly 
that  1  did  not  regard  him  as  being  actuated  by  any  but  the  purest 
motives.  Ho  felt  indiijnant  at  the  recent  occurrences,  and  his  in- 
dignation, I  regarded  as  beinn;  natural  and  proper.  We  of  the 
free  States  share  in  that  indignation.  But  I  said  that  the  Senator 
from  South  Carolina,  by  the  violent  course  pursued  here,  had  eon- 
I  tribmed  to  the  result  which  we  deplored,  and  that  abolitionism  at 
I  the  North  was  built  up  by  southern  denunciation  and  southern  im- 
prudence. I  stated  that  there  were  men  of  the  North  who  are 
ready  to  lake  advantage  of  that  imprndent  and  denunciatory  course 

I  and  turn  it  to  their  own  account,  so  as  to  make  it  revert  upon  tho 
South.  I  announced  in  plain  terms  that  truth — a  truth  which  every 
man  from  the  free  States  can  fully  realize — and,  sir,  I  too  feel  upon 
this  subject,  inasmuch  as  I  have  "never  desired  to  enlist,  and  never 
shall  enlist  under  the  banners  of  either  of  the  radical  factions  on 
.  this  question.  I  have  no  sympathy  for  abolitionism  on  the  one  side, 
I  or  that  extreme  course  on  the  other,  which  is  akin  to  abolitionism. 
We  are  not  willing  to  be  trodden  down  whilst  you  hazard  nothing 

30th  Co.nc— Jst  Session— No.  66. 


by  your  violence,  which  only  builds  up  your  adversary  in  the  North. 
Nor  does  he  hazard  any  thing  ;  quite  the  contrary — for  he  will 
thus  be  enabled  to  keep  concentrated  upon  himself  the  gaze 
of  the  abolitionists,  who  will  regard  him  as  the  great  champion  of 
freedom  who  encounters  the  distinguished  Senator  from  South  Ca- 
rolina and  tlie  Senator  from  Mississippi.  He  is  to  be  upheld  at  the 
North  because  he  is  the  champion  of  abolition  ;  and  you  are  to  be 
upheld  at  the  South,  because  jou  arc  the  champions  who  meet  him; 
so  that  it  comes  to  this,,  that  between  those  two  ultra  parties  we, 
of  tho  North  who  belong  to  neither,  are  thrust  aside.  Now,  we 
stand  up  for  all  your  constitutional  rights,  in  which  we  will 
protect  you  to  the  last.  We  go  for  the  punishment  of  bur- 
glary, stealing,  and  any  other  infringement  of  the  laws  of 
this  District:  and  if  these  laws  be  not  strong  enough  to  prevent 
or  punish  those  crimes,  we  will  give  to  them  the  adequate  strength. 
On  the  other  hand,  wo  go  for  enlbreing  the  laws  against  mobs,  and 
any  destruction  of  property  by  them;  and  if  the  law  be  not  strong 
enough  to  suppress  them,  we  will  strengthen  it.  But  we  protest 
against  being  made  instruments — puppets — in  this  slavery  excite- 
ment, which  ca^:  operate  only  to  your  interest,  and  the  building 
up  of  those  who  wish  to  put  you  down.  I  believe,  sir,  that  in  all 
this.  I  have  spoken  the  sentiment  of  every  Northern  man,  who  is 
not  an  abolitionist.  My  object  was  to  express  my  deep  regret, 
that  any  suoh  excitement  should  have  grown  out  of  the  introdu- 
tion  of  this  bill. 

Mr.  FOOTE. — I  had  supposed  that  I  had  already  sufficiently 
explained  myself.  No  Southern  man  has  ever  introduced  this 
question  into  the  halls  of  legislation.  Of  this,  the  Senator  must 
be  well  aware.  If  he  knows  an  instance  to  the  contrary,  I  should 
be  extremely  glad  to  be  informed  of  it.  The  question  is  not  now 
brought  up  by  any  movement  of  ours;  it  is  forced  upon  us  by  the 
Senator  from  New  Hampshire.  The  South  has  been  silent,  rest- 
ing firmly,  discreetly,  and  with  dignity,  upon  her  rights  which  are 
guaranteed  to  us  by  the  constitution.  It  is  only  in  defence  of  her 
acknowledged  rights,  that  she  undertakes  to  say  anything.  The 
Senator  from  New  Hampshire  has  now  introduced  a  bill  which  is 
calculated  to  produce  mischief.  Are  we  to  remain  silent  ? — or  if 
we  use  languaue  of  just  indignation  are  we  to  be  charged  with 
endeavoring  to  make  ourselves  popular  in  the  South?  Let  me  say 
to  the  Senator  from  Illinois,  that  this  is  a  most  ungenerous  propo- 
sition. He  says  that  no  unworthy  motives  lie  at  the  foundation  of 
this  measure.  Why  I  can  miagine  no  more  unworthy  motive  than 
unprincipled  demagogueism.  I  would  scorn  myself — if  I  could  for 
a  moment  permit  myself — to  give  countenance  to  anythinix  so  un- 
worthy. I  would  say  with  all  possible  courtesy  to  the  Senator 
from  Illinois,  for  whom  I  entertain  the  highest  respect,  and  whose 
general  feelings  of  justice  for  us  in  the  South,  we  all  understand 
and  appreciate,  he  will  permit  me  to  say  to  him,  in  a  spirit  of  per- 
fect courtesy — that  there  are  various  ways  of  becoming  popvilar. 
Our  constituents  will  have  confidence  in  us,  if  they  see  we  are 
ready  here  to  maintain  their  interests  inviolate.  And  it  may  ba 
also,  that  the  Senator  from  New  Hampshire  will  strengthen  him- 
self in  proportion  as  his  conduct  is  denounced.  But  I  beg  the  Sen- 
ator from  Illinois  to  recollect,  that  there  is  another  mode  of  ob 
taming  that  popularity,  which  is  expressed  in  the  adage — "In 
medio  tutissimvs  ibis,"  and  that  there  is  such  a  thing  as  winning 
golden  opmions  from  all  sorts  of  people,  and  it  may  be  that  a  man 
of  mature  power — young  and  aspiring,  as  he  may  be  to  high  places, 
may  conceive  that  by  keeping  clear  of  all  union  with  the  the  two 
leading  factions;  he  will  more  or  less  strengthen  himself  with  the 
great  body  of  the  American  people,  and  thus  attain  the  high  point 
of  elevation  to  which  his  ambition  leads.  But  if  the  Senator  from 
Illinois  thinks  that  a  middle  course  in  regard  to  this  question,,  is 
best  calculated  to  serve  his  purpose,  he  is  mistaken. 

Mr.  DOUGLAS. — The  Senator  has  hit  it  precisely  when  ha 
says  that  sometimes  the  course  advised  in  the  familiar  adage  w'hich 
he  has  quoted,  is,  indeed,  the  course  of  duty  and  of  wisdom.  I  do 
believe  that  upon  this  question,  that  is  the  only  course  which 
can  "win  golden  opinions"  from  reflecting  men  throughout  the 
country. 

Mr.  FOOTE,  (in  his  seat.) — "Golden  opinions  from  all  soi-ts  of 
people." 

Mr.  DOUGLAS. — In  the  North  it  is  not  expected  that  we 
should  take  the  position  that  slavery  is  a  positive  good — a  positive 
blessing.  If  we  did  assume  suoh  a  position,  it  would  be  a  very 
pertinent  inquiry,  why  do  you  not  adopt  this  institution  ?  We 
have  moulded  our  institution  at  the  North  as  we  have  though^ 
proper  ;  and  now  we  say  to  you  of  the  South,  if  slavery  be  a  bless- 
ing, it  is  your  blessing  :  if  it  be  a  curse,  it  is  your  curse  ;  enjoy  it, 
on  you  rest  all  the  responsibility  !  We  are  prepared  to  aid  you  in 
the  maintenance  of  all  your  constitutional  rights;  and  I  apprehend 
that  no  man,  South  or  North,  has  shown  more  consistently  a  dis- 
position to  do  so  than  myself.  From  first  to  last,  I  have 
evinced  that  disposition.  But  ray  object  was  to  inform  the  people 
of  the  South,  how  it  is  that  gentlemen  professing  the  sentiments  of 
the  Senator  from  New  Hampshire,  get  here;  how  it  is  that  they 
will  see  others  coming  here  with  similar  sentiments,  unless  they 
reflect  more  calmly  and  coolly,  and  take  a  diflerent  course;  and 
how  this  imprudent  and  violent  course  is  calculated  to  crush  us 
who  oppose  abohtionism.  If  any  unpleasant  feeling  has  been  ex- 
cited by  these  remarks  of  mine,  I  regret  it,  I  know  that  it  is  not 
always  pleasant  to  tell  the  truth  plainly  and  boldly,  when  it  comes 
homo  to  an  individual.  But  what  I  have  said  is  the  truth,  and  we 
all  know  it  and  feelit. 


522 


BILL  RELATING  TO  RIOTS,  ETC., 


[Thursday, 


I  think  the  introduction  of  this  bill  has  been  ill-timed.  I  doubt 
its  expediency  in  any  circumstances;  but  brought  up  at  present,  it 
is  peculiarly  calculated  to  produce  unnecessary  excitement  ;  and  I 
•will  never  consent  to  the  introduction  of  such  a  bill  under  the  pre- 
sent circumstances.  I  am  willinir  to  instruct  your  commit- 
tee to  imiuire  whether  any  formal  legislation  be  necessary 
for  the  purpose  of  suppressing  kidnapping,  mobs,  rioting 
and  violence  in  the  District  of  Columbia.  I  am  pre- 
pared to  meet  the  responsibility  of  passing  the  most  stnn- 
gent  laws  against  any  illegal  acts.  That  is  my  position. — 
■  My  views  in  relation  to  this  subject  are  well  known.  I  have  al- 
ways supported  by  my  vote  the  rule  excluding  abolition  petitions. 
1  voted  with  you  of  the  South  to  sustain  it.  It  was  repealed 
against  my  vote.  I  was  ready  to  stand  by  it  as  long  as  it  was 
necessary 'for  you  protection.  I  will  vote  for  any  other  measure 
necessary  to  protect  your  rights.  But  I  claim  the  privilege  of 
pointing  out  to  vou  how  you  give  strength  and  encouragment  to 
the  abolitionist's  of  the  North,  by  the  imprudent  expression  of 
what  I  grant  to  be  just  indignation,  and  which  you  deem  it 
to  be  necessary  so  to  utter  in  self-defence. 

Mr.  HANNEGAN. — No  man  in  this  Senate  can  more  sincerely 
regret  than  I  do,  the  obtrusion  of  this  most  pernicious  question 
into  this  body  to-day.  It  has  fallen  upon  us  like  a  dark  and  with- 
ering simoon,  as  it  always  does  when  it  enters  the  halls  of  legisla- 
tion." My  views  and  principles  upon  the  subject  have  been  expres- 
sed at  diflerent  periods  in  loth  houses  of  Congress  during  the  last 
fifteen  years.  They  are  entirely  unchanged,  and  will,  I  presume, 
be  carried  by  me  unchanged  to  the  grave. 

I  cannot  lully  coincide,  in  this  instance,  with  my  friend  from  Il- 
linois, with  whom  on  most  occasions  I  am  so  happy  to_  agree.  I 
can  never  admit  as  a  fact  here,  that  the  Senator  from  New  Hamp- 
shire in  agitating  this  question  at  this  inopportune  and  most  inaus- 
picious moment,  whatever  may  bave  been  the  course  of  others, 
has  increased  the  number  of  his  supporters  among  the  enlightened 
people  of  this  country.  I  do  not  think  that  the  course  which  he 
has  pursued  this  day,  has  been,  in  the  slightest  degree,  calculated 
to  advance  his  views — if  he  have  any,  and  I  do  not  say  that  he 
jias — in  relation  to  the  Presidency.  Neither  do  I  impeach  the  mo- 
tives of  the  honorable  Senator  in  bringing  forward  this  bill  thus 
inopportunely.  It  is  to  bo  presumed  That  the  bill  has  had  its  ori- 
gin in  that  high-wrought  state  of  feeling  with  which  he  has  era- 
barked  in  this  cause,  as  in  all  others  which  he  embraces.  I  will 
not  for  an  instant  sufler  myself  to  suppose  that  any  thing  improper 
lurks  beneath  or  behind  tli'is  movement.  Nor,  on  the  other  hand, 
do  I  find  fault  with  the  manner  in  which  this  movement  has  been 
met,  on  the  part  of  gentlemen  representing  in  this  body  the  rights 
and  interests  of  the  people  of  the  South.  If  they  had  failed  to 
meet  it  and  denounce  it,  they  would  have  been  recreant  to  their 
high  trust — recreant  to  their  most  sicred  obligations — recreant  to 
the  constitution  of  their  O'luntry.  Has  there  not  been  just  cause 
of  excitement  in  the  breasts  of  those  gentlemen  ?  If  the  scene 
enacted  in  the  last  week,  furnishes  no  justification  for  that  excite- 
ment, I  should  like  to  know  what  could!  Let  us  pause,  Mr.  Pres- 
ident, for  a  moment  and  look  at  this  case.  A  piratical  vessel 
steals  into  your  river,  bearing  the  false  colors  of  honorable  com- 
merce, anchors  at  your  wharf,  and  receiving  on  board  nearly  one 
hundred  of  the  domestics  of  this  District,  makes  all  sail  to  carry 
oir  its  cargo  of  plunder  !  Was  the  South  to  sit  in  silence  and  without 
alarm,  behold  this  audacious  outrage  '  As  well  expect  a  man  to  fold 
his  arms  and  remain  unmoved,  when  the  serpent  which  has  crawl- 
ed into  his  abode,  uncoils  itself  upon  his  hearthstone,  and  its  deadly 
hisses  ring  in  the  ears  of  his  children  !  As  well  ask  him  to  sit  still 
and  exhibit  no  excitement,  as  to  call  upon  one-half  of  this  Union 
to  lie  unmoved  in  the  circumstances  which  now  surround  us  !  Sir, 
had  these  gentlemen  not  manifested  these  feelings,  they  would,  in- 
'  deed,  have  been  what  the  Senator  from  New  Hampshire  denomi- 
nates those  of  the  North  who  conscientiously  sustain  the  solemn 
'  obligations  imposed  by  that  oath  which  you  administered  to  sup- 
porflhe  constitution  of  the  United  States  and  all  its  guaranties— 
they  would,  indeed,  have  been  in  that  case,  "craven,  craven!" 
They  would  have  been  unworthy  the  companionship  of  men  ! 

1  have  taken  my  stand  on  this  question,  and  I  shall  maintain  it 
at  all  hazards  I  may  see  all  ray  own  political  prospects  withered 
before  my  eyes,  in  consequence  of  the  course  which  I  pursue  on  this 
question  ;  but  that  consideration  deters  me  not  from  the  discharge 
of  duty.  If  my  constituents  think  proper  to  desert  me  on  this  oc- 
casion, still  I  shall  not  shrink.  Let  it  bo  remembered,  I  look  the 
storm  in  the  eye,  and  I  defy  the  thunderbolt !  If  I  fall.  I  shall  fall 
with  the  approval  of  my  own  conscience,  and  the  preservation  of 
my  own  sell-respect.  I  seek  no  higher  earthly  reward.  Not  insen- 
sible to  the  approbation  of  the  people  or  the  press  when  my  course 
deserves  it,  yet  1  have  no  fear  of  their  clamor  or  invective,  so  long 
as  I  am  sustained  by  a  conscientious  senM!  of  duty.  In  the  spirit 
of  the  memorable  sentiment  of  the  great  Mansfield,  uttered  in  one 
of  his  famous  charges,  I  say  "  it  is  true  I  love  popularity  ;  but  it 
is-that  popularity  which  follows,  not  that  which  is  run  after!" — 
I  desire  that  alone  which  springs  from  strict  and  steady  adherence 
to  the  dictates  of  my  own  conscience. 

In  this  case.  Mr.  President,  we  have  commenced  at  the  wrong 
end.  In  the  closing  remarks  of  my  friend  from  Illinois  I  entirely 
concur.  I  should  ilesire  to  .see  this  subject  brought  before  the  Se- 
nate in  the  form  of  a  general  resolution  directed  to  the  Judiciary 
Committee,  whose  first  care  it  should  be  to  devise  some  law  for 
Iho  prevention  and  punishment  of  kidnapping  in  this  District — this 
piratical  robbery  of  slaves.     That  being  done,  1  would  go  as  far 


as  the  Senator  from  New  Hampshire,  or  any  man,  in  the  suppres- 
sion of  mobs.  From  the  bottom  of  my  heart  I  despise  mobs.  I 
never  knew  of  a  mob,  I  never  heard  or  read  of  a  mob,  whatever 
the  spirit  in  which  it  originated,  that  did  not  result  in  the  commis- 
sion of  atrocities  at  which  humanity  shuddered.  The  laws  of  the 
land  should  be  competent  for  the  punishment  of  all  offences.  But 
I  do  not  know  that  there  has  been  any  riot  in  this  District.  There 
has  been  no  violation  of  the  rights  of  property  b\'  a  mob;  and  I 
have  no  fears  that  the  citizens  of  this  District  will  not  be  able  to 
preserve  their  high  and  enviable  reputation  as  a  community  of  law 
and  order,  by  abstaining  from  every  thing  like  a  resort  to  violence 
and  force.  They  wdl,  I  am  confident,  abide  in  the  protection  of 
the  law  against  any  violation  of  their  rights. 

Mr,  DAVIS,  of  Massachusetts. — I  wish,  before  the  vote  is 
taken,  to  say  a  word  or  two  for  the  purpose  of  placing  myself  right 
with  regard  to  this  matter.  I  am  not  very  apt  to  be  carried  away 
by  any  of  the  excitements  that  sometimes  have  existence  in. this 
chamber;  and  I  cannot  say,  at  this  moment,  that  I  participate  at 
all  in  the  excitement  which  seems  to  exist  in  the  minds  of  many 
gentlemen  here  What  is  the  question  that  is  presented  for  this 
body  to  decide  ?  A  stranger  coming  into  this  chamber  would  sup- 
pose that  we  had  some  measure  under  consideration  which  con- 
cerned the  deepest  interests  of  slavery — that  we  were  about  to 
pass  judgment  upon  some  question  afl'ect:ng  that  great  interest — 
that  we  were  about  to  legislate  upon  the  subject  in  some  way  that 
would  affect  it  in  a  manner  injurious  to  the  rights  of  those  who  own 
property  of  this  description.  Now,  I  think  that  whoever  has  lis- 
tened to  the  reading  of  this  bill,  must  be  satisfied  that  there  is  no 
such  thing  contained  in  it.  If  I  understand  it,  it  proposes  nothing 
which  has  any  special  reference  under  any  construction  that  can  be 
given  to  it,  to  tliat  particular  description  of  property.  We  have 
laws  which  make  municipal  corporations  liable  for  damage  result- 
ing from  violence  done  to  property  by  popular  tumults,  where  such 
corporation  is  remiss  in  its  duty  in  enforcing  order  and  obedience 
to  the  law.  If  I  understand  the  proposition  of  the  honorable  Sen- 
ator from  New  Hamp.sbire,  he  intends  nothing  more  than  to  give 
security  to  property.  He  proposes  nothing  beyond  this.  This  is 
the  whole  matter  under  consideration.  But  gentlemen  say  this  is 
an  unpropitious  moment  to  introduce  a  question  of  this  sort;  and 
why  unpropitious  ?  Because,  if  I  understand  them  rightly — and  I 
learn  the  fact  lor  the  first  time — a  mob  has  assailed  the  office  of  a 
newspaper  in  this  city,  and  has  rendered  it  uninhabitable.  Well, 
how  does  this  connect  itself  with  the  question  of  slavery?  Why. 
it  is  said  that  from  this  office  a  newspaper  issues,  which  is  called 
an  abolition  paper.  Suppose  all  this  to  be  true,.jt  is  added  by  the 
Senator  from  New  Hampshire  that  this  paper  is  conducted  in  a 
temperate  manner,  that  is  employs  temperate  language,  address- 
ing itself  to  the  reason  and  the  understanding  of  the  public  ;  and 
that  no  complaint  has  been  made  against  it  by  the  public.  Well, 
bow  far  this  mobocratic  action  is  to  be  attributed  to  another  event 
which  has  happened  in  this  District,  is  not  for  mo  to  say.  Some 
gentlemen  seem  to  suppose  that  it  has  some  connection  with  it. — 
If  it  have,  I  am  unable  to  see  it.  The  Senator  from  New  Hamp- 
shire then  introduces  a  measure,  and  proposes  to  make  the  corpo. 
ation  liable  for  the  damages  committed,  in  case  they  refuse  to  do 
their  duty  and  enforce  the  law.  Well,  such  a  law  exists  in  many 
of  the  States.  But  it  is  said  that  this  is  a  very  peculiar  state 
of  things.  Here  was  an  abolition  press  at  work  in  this  build- 
ing. Let  me  ask  gentlemen  whether  they  propose  to  stop  the 
operations  of  the  press;  whether,  in  other  words,  they  propose  to 
take  away  from  ifrits  freedom?  It  seems  to  me  that  we  might 
learn  a  lesson,  if  we  would,  from  what  is  going  on,  on  the  other 
side  of  the  Atlantic.  The  agitation  of  this  question  alone — the 
freedom  of  the  press — has  overthrown  many  of  the  thrones  of  Eu- 
rope. 

Do  you  propose  by  measures  of  violence,  or  by  any  other  mode, 
to  put'an  end  to  the'  discussions  of  the  subject,  either  by  speeches 
or  through  the  medium  of  the  press?  Whoever  undertakes  a  work 
of  this  description  has  got  an  herculean  task  upon  his  hands-r-a 
task  which  he  will  find  himself  wholly  incompetent  to  accomplish- 
Well,  why  is  it  that  the  Senate  dies  in  the  face  of  this  measure, 
and  objects  to  its  reception?  And  I  put  it  to  the  calm  considera- 
tion of  the  Senator  from  South  Caroliria,  and  those  who  think 
with  him,  whether  the  inference  I  have  made  will  not  be  made 
throughout  the  country;  and  whether  it  will  not  be  considi  red  every 
where,  an  assault  upon  the  liberty  of  the  press,  and  of  speech — 
whether  it  will  not  he  irresistible,  and,  whether  it  will  net  make  a 
lasting  impressinH  upon  the  public  mind.  I  think  the  people  will 
reason  in  this  way,  upon  the  subject,  and  that  they  will  hold  out 
to  us,  as  the  duty  of  this  body,  to  take  the  subject  into  considera- 
tion. Send  it  to  a  committee,  let  it  be  examined,  and  not  pre- 
sume, as  the  honorable  Senator  from  South  Carolina  does,  that 
because  its  provisions  do  not  cover  the  whole  subject,  it  cannot  be 
made  to  cover  the  whole.  If  it  does  not  answer  the  views  of  gen- 
tlemen, it  can  be  made  to  do  so.  Then  why  fly  in  its  face? 
Why  take  this  very  unusual  course  of  refusing  to  receive  the  mea- 
sure at  all?  Why,  simply  because,  by  construction  and  inference 
it  is  supposed  to  have  some  connection  with  the  question  of  slavery. 
Now,  is  this  wise  ?  Is  it  prudent  ?  Does  it  best  accomplish  the 
object  which  gentlemen  have  in  view,  which  is  to  protect  this 
kind  of  properly?  I  have  ever  betn  one  of  that  class  of  persons 
who  have,  at  all  times,  considered  themselves  bound  by  the  terms 
of  the  constitution  on  this  subject,  and  have  stood  ready  to  sup- 
port the  guaranties  contained  in  that  instrument.  But,  at  the 
same  time.  I  must  confess  that  I  thought  the  honorable  Senator 


April  20  .J 


IN  THE  DISTRICT  OF  COLUMBIA. 


523 


from  Illinois,  in  the  remarks  wliich  he  made  here,  uttered  a  great 
deal  of  wholesome  trnth.  I  thought  he  administered  some  wise, 
and  prudent,  and  salutary  admonition  in  those  remarks,  worthy  of 
the  consideration  of  all  parties  here;  and  I  hope  they  will  have 
their  eti'ect.  I  hope  a  little  reflection — a  little  consideration— will 
induce  gentlemen  to  change  the  course  they  have  adopted  on 
this  subject,  and  to  permit  this  measure  to  take  the  usual 
course  of  legislation.  Suppose  we  do  come  to  a  discus- 
sion on  the  question,  where,  let  me  ask  gentlemen,  is  the 
harm  of  discussion?  Why,  gentlemen  ask  what  right  have  you  to 
discuss  our  rights  of  property  in  slaves  ?  By  what  authority  do 
you  claim  the  privilege  of  inquiring  into  this  matter  ?  Sir,  we 
maj'  have  no  right  to  disturb  this  right  of  properly  ;  we  may  have 
no  right  to  atfect  to  title  to  it  in  any  way  j  no  such  rights  may  be 
claimed.  Nevertheless,  no  one  will  deny  to  any  citizen  the  right 
to  discuss  the  character  of  property  of  this  kind,  and  the  efl'ect 
■which  laws  have  upon  such  property.  Who  denies  this  right,  and 
where  is  it  denied  ?  It  belongs  to  freedom  of  discussion,  to  the 
freedom  of  speculation  which  exists  in  every  free  and  untrammeled 
mind.  Men  may  advance  ver\  absiud  notions  ;  they  may  reason 
very  preposterously;  they  may  reach  very  absurd  conclusions,  but 
while  the  whole  matter  lies  in  discussion  very  little,  in  my  judg- 
ment, is  gained  by  terming  that  discussion  incendiary  in  its 
character.  Why  do  you  expect  to  satisly  the  public  mind  when 
mankind  discusses  tiie  question  of  slavery,  however  important  it 
may  bo  to  any  portion  of  this  country,  and  express  their  opinions 
in  regard  to  it—do  you  expect  to  put  them  under  foot  by  saying 
it  is  incendiary  ?  If  any  gentleman  flatter  himself  witli  hopes,  ami 
expectations  of  this  description,  lie  is  doomed  to  be  disappomted. 
This  discussion  will  go  on,  and  the  way  to  meet  error  is  by  con- 
fronting it  with  truth.  Let  the  discussion  go  on  ;  let  it  be  free 
everywhere.  My  own  opinion  is,  that  all  considerate  minds  here 
and  everywhere  are  entirely  disposed  to  adhere  to  the  guaranties 
and  eoraproiuises  of  the  constitution,  and  instead  of  being  weakened 
by  discussion,  they  are  at  every  step  strengthened  ;  they  at  every 
step  become  firmer  and  stronger  bonds  of  union.  Let  no  one  try, 
if  he  can.  to  suppress  discussion.  Every  attempt  to  slop  it  will 
result,  as  in  Europe,  in  one  general  sentiment,  which  will  trample 
underfoot  the  po.ver  that  attempts  to  suppress  it.  This  will  be  the  ef- 
fect of  such  attempts.  I  invite  then  my  friends  to  meet  this  question 
boldly,  fearlessly,  and  not  let  this  subject  go  to  the  public  in  the  form 
in  which  it  now  presents  itself — as  a  biil  presented  here — relating 
to  nothing  but  the  protection  of  property  atrainst  the  violence  of  a 
mob,  and  denied  admission  to  this  hall  and  that  table,  because  sup- 
posed to  have  some  indirect  connexion  with  the  question  of  slavery. 
Let  us  take,  sir.  a  more  manly  view  of  the  subject — one  that  ac- 
cords better  with  the  character  of  high  minded  men.  Let  it  take 
its  course  here.  Let  it  go  to  a'  committee;  let  that  committee 
examine  it.  and  if  it  does  not,  from  anv  cause,  meet  j'our  approba- 
tion when  it  comes  to  bo  considered,  then  let  other  measures  take 
its  place — let  it  take  its  fate.  But  nothing,  sir,  is  to  be  gained  by 
this  unusual  course.  I  assure  the  gentlemen  who  represent  this 
slave  interest ,  tliat  instead  of  gaining  they  lose  much  very  inuch. 

Why,  Mr.  President,  cannot  every  gentleman  see,!ind  see  plainly, 
that  when  this  bill  comes  to  be  published,  when  the  terms  in  which 
it  is  conceived  come  to  bo  read  and  understood,  it  will  be  seen 
that  it  is  a  measure  differing  in  no  essential  material  point  from 
laws  existing  in  many  of  the  free  States  and  free  countries  everj'- 
where — and  as  a  Senator  near  me  says  in  some  of  the  slave  States — 
making  corporations  under  certain  circtimstanees  liable  for  the  vio- 
lence of  mobs  ?  And  whoever  takes  the  ground  that  this  bill  has 
been  brought  in  at  an  unprdpitious  moment,  and  for  that  reason 
denies  it  admission,  a.ssumes  a  responsibility  tl'.at  he  will  sincrely 
wish  by  and  by  to  get  rid  of  What  have  we  to  do  with  the  pre- 
sent moveiuent,  sir — with  the  particular  and  peculiar  circumstances 
which  surround  the  question?  In  my  judgment,  nothing  at  all.  I 
do  not  undertake  to  say  what  the  motives  were,  of  the  Senator 
froiu  New  Hampshire,  in  iiuroducing  this  bill;  it  docs  not  become 
me  to  inquire  into  them.  It  is  enough  for  mo  to  know  that  if  the 
printing  office  of  the  Union  or  National  Intelligencer  were  assailed 
and  injured  by  a  mob,  that  it  would  be  my  duty  to  inquire  how  it 
happened,  and  whether  farther  provisions  were  required  in  addition 
to  the  present  laws  of^he  District  in  order  to  su|'.press  such  dis- 
turbances. The  care  and  deliberation,  I  should  feel  myself  bound, 
under  such  circumstances,  to  exercise  with  regard  to  the  property 
of  others,  I  should  exercise  in  this  ease.  The  same  measure  of 
justice  I  should  mete  out  in  other  oases,  I  would  mete  out  in  this. 
The  protection  which  I  would  feel  it  my  duty  to  give  to  the  pro- 
perty of  others,  under  all  circumstances.  I  would  give  in  this  case. 
And  if  it  turns  out  that  this  care  is  unworthily  bestowed,  that  it 
does  not  demand  legislation,  then  let  it  take  its  destiny.  But  this 
is  not  the  w-ay  to  deal  with  it.  It  does  not,  in  my  judgment,  have 
the  sanction  of  deliberation.  I  have  alwavs  been  of  the  opinion 
that  nothing  has  been  gained  by  the  opposition  to  the  introduction 
of  petitions  here.  I  believe  if  the  subject  had  been  left  open,  and 
wo  had  been  allowed  to  go  into  the  consideration  of  the  subject, 
gentlemen  would  have  found  less  excitement  existing,  than  has 
been  created  by  the  opposite  course.  It  would  have  tended  much 
more  strongly,  in  my  judgment,  to  tranquilize  and  harmonize  jhe 
public  mind.  Under  all  the  circumstances,  then,  how  are  we  to 
act  ?  I  think  the  question  is  a  very  plain  one.  Thinss  are  brought 
in  and  made  to  bear  strongly  on  the  minds  of  gentlemen  which  do 
not  belong  to  this  question  at  all.  I  shall  vote  for  the  reception  of 
the  bill,  in  order  that  it  may  take  the  usual  course  of  legislation. 

Mr.  BUTLER.— From   the  course  which  this  discussion  lias 


taken,  is  clearly  indicated  the  approaching  storm  which  will  era 
long  burst  vipon  this  country.  I  am  persuaded  that  the  part  of  the 
country  which  I  represent  is  destined  to  be  in  a  minority — a  doomed 
minority.  I  feel  satisfied  that  all  that  we  have  to  look  to  for  pro- 
tection are  the  guaranties  of  the  constitution,  and  the  compromises 
made  under  it;  and  I  feel  as  well  assured  as  I  do  of  any  sentiment 
I  ever  uttered,  that  these  guaranties  will  be  violated — as  well  as- 
sured as  I  am  that  the  compromises  which  have  been  made  have 
been  disregarded.  I  feel  that  the  sentiment  of  the  North  against 
the  institution  of  slavery  is  advancing  with  the  certainty  of  the 
malaria  from  the  Pontine  marshes — with  the  certainty  of  all  pro- 
gressive movements,  and  there  is  no  disguising  it. 

Why,  on  all  occasions — whether  of  domestic  or  foreign  consid- 
eration— the  slave  question  is  obtruded  upon  us.  When  a  resolution 
was  offered  in  this  body  in  the  name  of  the  nation  to  congratulate 
the  French  people  upon  the  commencement  of  their  efibrts  in  favor 
of  tho  establishment  of  republican  principles,  an  amendment  was 
offered  to  congratulate  them  upon  the  confiscation  of  some  of  the 
properly  belonging  to  the  people — to  especially  congratulate  them 
on  the  emancipation  of  their  West  Indian  slaves.  Let  it  be  proposed 
to  acquire  territory  by  the  joint  arms — the  united  exertions  of  the 
people  of  the  whole  Union,  and  we  of  the  South,  are  forced  to  sub- 
mit to  the  insult  of  having  it  proposed,  that  the  soil  purchased  and 
enriched  by  the  blood  of  southern  troops  would  be  polluted  by  their 
occupation  of  it,  after  a  treaty  of  peace,  when  brought  into  com- 
parison with  those  who  claim  superiority  over  them  by  virtue  of 
their  institutions.  Sir,  we  are  thus  insulted  every  morning  of  our 
lives  by  the  presentation  of  petitions  of  individuals,  and  resolutions 
of  States,  stigmatizing  southern  institutions  asunworthily  connected 
with  this  conlV'deracv,  going  to  show  that  the  guaranties  of  the 
constitution  will  be,  as  the  compromises  have  been,  disregarded. 
But  before  I  approach  this  part  of  tho  subject,  I  beg  to  address  to 
you  a  few  lemarks  upon  the  bill  which  is  offered  for  our  considera- 
tion. What  is  the  bill,  sir?  It  proposes  to  require  from  the  in- 
habitants of  this  District  to  enter  into  bonds — for  it  amounts  to 
that — to  indemnify  all  persons  who  shall  suffer  losses  by  means  of 
a  mob — to  indemnify  all  persons  for  any  possible  trespass  that  may 
be  committed  upon  them  by  irresponsible  violence.  Now,  I  must 
be  permitted  to  say  that  this  is  a  sort  of  legislation,  that  is  not  to 
be  found  in  that  part  of  the  country  in  which  I  live.  I  think  it  is 
unknown  in  the  States  south  of  the  Potomac.  Why  should  we 
be  called  on  to  pass  a  law  at  this  time,  to  give  indemnity  for 
trespasses  committed  by  a  mob?  If  I  were  satisfied  that  the 
existing  laws  of  the  District,  were  inadequate  to  the  protec- 
tion of  the  property  of  the  citizen,  I  do  not  know  that  I  should 
be  averse  to  the  adoption  of  some  measure  that  might  be  cal- 
culated to  control  the  movements  of  a  mob.  But  what  is  the 
fact?  Why,  that  the  laws  are  inadequate  to  the  protection 
of  the  owners  of  slaves  against  those  who  are  disposed  to 
interlere  with  that  species  of  property,  whilst  other  species  of 
property  has  adequate  protection.  I  put  the  question  to  the  hon- 
orable Senator  from  New  Hampshire,  whether  he  will  agree  now 
to  bring  in  a  law  to  give  additional  security  to  slaveholders,  by  the 
enactment  of  penalties,  and  I  am  told  by  that  gentleman  'no;  the 
law  I  would  introduce  would  be  of  entirely  a  different  character; 
one  to  confiscate  their  property  by  the  emancipation  of  slaves  in 
the  District  of  Columbia."  And  to  destroy  and  undermine  the  in- 
stitution, all  influences  are  left  to  efl'ect  their  silent  work:  the  press, 
private  counsel,  influence  of  opinion.  Here  in  the  District  of  Co- 
lumbia a  paper,  addressed  to  slaves  as  well  as  to  others,  is  issued, 
inculcating  in  the  minds  of  the  slaves  the  right  to  rebel;  a  more 
than  right:  a  duty — leading  them  to  acts  that  are  inconsistent  with 
their  peace  and  happiness,  and  such  as  will  certainlv  inflict  cruelty 
upon  deluded  human  beings,  by  seducing  them  into  a  condition 
which  compels  their  masters  to  use  them  with  greater  severity. 
This  is  like  kindling  a  fire  in  the  middle  of  a  dry  prairie,  and  ex- 
pecting it  not  to  burn  with  certain  destruction.  I  ask  the  gentle- 
man if  he  is  willing  to  afford  protection  to  the  holders  of  slave 
property,  and  I  am  answered  that  slaveholders  are  entitled  to  no  pro- 
tection. Am  I  expected  to  stand  here  and  under  the  forms  of  con- 
stitutional legislation,  give  my  support  to  measures,  which  must 
destroy  one  of  the  institutions  under  which  we  live?  I  solemnly 
believe  that  the  gentlemen  from  the  North  are  not  sensible  of  the 
tendencies  of  such  measures  as  they  are  proposing.  When  the 
constitution  was  formed  its  provisions  were  adopted  in  good  faith, 
and  I  had  hoped  that  some  portion  of  the  same  spirit  which  actua- 
ted the  framers  of  that  instrument,  would  be  found  pervading  this 
body  at  this  time.  That  good  faith,  if  it  were  to  be  found,  would 
preserve  to  us  the  guaranties  which  are  provided  in  the  eonsti(u- 
tion,  and  I  tell  gentlemen  that  our  fathers  w'ould  never  have  con- 
sented to  come  into  the  confederacy  if  they  believed  that  these 
encroachments  would  ever  have  been  made,  and  that  too  under 
the  authority  of  their  joint  constitution.  The  spirit  of  fanaticism 
never  commenced  to  prevail  until  it  was  ascertained  that  the  tide 
was  running  against  us,  but  from  that  moment,  about  1820,  the 
time  of  the  Missouri  compromise,  it  has  gone  on  with  accelerated 
rapidity,  and  it  now  forms  one  of  the  dangerous  elements  of  sec- 
tional ambition.  My  colleague  has  alluded  to  some  of  the  evi- 
deuces  of  this.  When  the  constitution  was  adopted  it  was  one  of 
its  provisions,  not  implied,  hut  expressed  in  terms  suflieiently  ex- 
plicit, that  if  slaves  escaped  there  should  be  a  cooperation  on  the 
part  of  the  authorities  of  tlie  State  to  which  they  fled  to  deliver 
them  up,  and  as  the  understanding  of  the  terms  such  until  recently 
was  the  practice.  In  1793  an  act  was  passed  making  it  penal  for 
any  one  in  any  of  the  non-slaveholding  States  to  harbor  or  conceal 
a  slave;  and  there  is  another  important  commentary  gontaiaed  in 


524 


BILL  RELATING  TO  RIOTS,  ETC. 


[Thursday, 


tliat  law,  that  by  that  very  act  prnvision  is  made  that  State  courts 
shall  use  their  authority  to  aid  in  deliverinn;  up  fugitive  slaves. 
That  act  was  made  to  provide  the  mode  of  delivering  up  runaway 
slaves.  It  was  made  on  the  assumption  that  they  should  be  de- 
livered up  under  the  provisions  of  an  extradition  treaty.  The 
measure  received  the  general  concurrence  of  Congress  and  the 
people.  This  o-ct  looked  to  good  faith  for  its  execution  and  en- 
ibrcement.  It  had  the  sanction  of  the  wisest  men  of  all  sections, 
not  as  speculative  theorists  but  as  practical  statesmen,  who  looked 
to  actual,  and  I  must  be  permitted  to  say,  mutual  interests. 
When  the  law  was  proposed,  what  would' southern  men  have 
thought  if  they  liad  been  told  that  the  courts  should  afford  no  such 
relief,  and  that  it  would  be  criminal  for  State  officers  to  give  as- 
sistance? Why,  sir,  they  woidd  have  gone  no  further  with  com- 
promise, but  being  the  stronger  party  they  would  have  looked  out 
for  their  own  security.  TIte  act  was"  iiiado  in  good  faith  to  couce 
the  provisions  of  a  compromise,  to  procure  a  delivery  of  a  slave 
to  his  master.  How  has  that  act  been  treated?  A  law  has  been 
enacted  in  the  State  of  New  York,  one  in  Massachuselts,  and  I 
believe  I  could  name  a  dozen  other  States  where  similar  laws  have 
been  passed,  declaring  that  the  State  courts  have  no  jurisdiction 
over  that  matter,  and  that  it  belongs  exclusively  to  the  federal  ju- 
risdiction. Here,  then,  is  one  of  the  compromises  of  the  constitu- 
tion entirely  disregarded,  and  laws  have  been  passed  interposing 
obstacles  to  the  recapture  of  slaves,  such  as  would  make  it  nuga- 
tory and  dangerous  for  the  owner  to  make  the  attempt  to  reclaim 
his  own  property. 

In  Massachusetts  it  is  made  criminal  under  high  penalties  for 
constables  to  aid  in  apprehending  a  lugitive  slave  ;  and  for  jailors 
to  allow  their  prisons  to  be  used  for  safe-keeping — a  law  of  pre- 
cisely the  same  import  has  been  passed  in  Rhode  Island,  and  of 
similar  import  in  nearly  all  the  States  north  of  Maryland.  To 
the  North  we  can  look  for  no  aid  in  apprehending  this  species  of 
property.  So  far  from  fulfilling  the  provisions  and  compromises  of 
the  constitution,  it  is  made  criminal  for  citizens  and  officers 
of  non-slaveholding  States  to  fulfil  the  duties  of  good  citizens  ; 
and  yet  we  are  told  that  the  compromises  of  the  constitu- 
tion, and  its  express  guaranties,  entered  into  by  our  ancestors, 
will  be  observed  in  good  faith.  And  that  is  to  be  our  security — 
the  security  of  good  faith;  and  by  those  who  have  shown  that 
they  cannot  resist  the  temptations  of  ungenerous  jealousy,  or 
criminal  ambition  !  This  is  worse  than  resting  on  a  broken  reed; 
or  to  find  a  sword  where  you  expected  a  sliield.  In  all  cases 
where  controversies  have  arisen  under  such  laws,  the  Supreme 
Court  has  decided  them  to  be  unconstitutional.  Do  they  stop 
there?  Would  to  God  I  could  say  they  did.  What  is  our  condi- 
tion when  our  property  of  this  kind — property  recognized  by  the 
constitution — is  taken  away  IVom  us?  Can  we  appeal  to  their  tri- 
bunals? Why,  we  are  treated  by  them  with  scorn.  Can  we  ap- 
peal to  their  municipal  officers  ?  They  point  to  the  act,  and  say, 
we  are  prohibited.  But,  worse  than  all,  it  is  made  the  interest  of 
political  aspirants  to  excite  a  feeling  of  aversion  to  slaveholders. 
They  have  constitutional  rights,  but  no  power  to  enforce  them. 
Yet  I  am  told,  rely  on  compromise,  and,  at  any  rate,  "that  it  is 
unbecoming  in  the  South  to  manifest  excitement — that  we  must 
,  keep  perfectly  quiet — not  be  alarmed,  it  is  all  perfectly  right." 
When  the  fire  is  burning  around  me,  I  am  told  that  I  must  keep 
cool — that  I  must  not  discuss  the  matter,  with  anything  like  heat. 
We  have  a  right  to  discuss  it.  It  is  proper  for  us  to  vindicate  our 
rights;  and  I  wish  there  was  an  adequate  issue  to  put  them  to  a 
full  trial.  I  say  to  gentlemen  that  the  crisis  is  approaching — not 
by  any  action  of  the  South,  but  is  forced  upon  us  ;  and  if  the 
horrors  of  a  civil  war  do  come,  which  God  forbid — 

"Tlioil  can'vl  not  say  I  did  it. 
Sliake  not  tliy  j,'ory  looks  at  nie."  1 

I  declare  solemnly  before  Heaven,  that  I  believe  that  we  arc  in  a 
doomed  minority,  and  that  it  is  the  duty  of  the  South  to  take  some 
means  to  avert  the  evil.  I  have  no  confidence  that  the  guaranties  of 
the  constitution  will  be  regarded.  I  have  no  confidence  in  those 
who  choose  to  preach  to  me  of  good  laith,  while  I  have  examples 
of  its  flagitious  violations,  and  tell  me  all  is  well  when  I  see  ruin 
impending  ()ver  me.  I  wish  I  could  have  confidence.  I  am  told 
that  when  a  measure  of  this  kind  is  proposed,  it  is  our  duty  to  give 
it  all  the  forms  of  legislation.  I  should  be  glad,  indeed,  if  I  conld 
discover  in  it  anything  calculated  to  defend  the  rights  of  the  peo- 
■  pie  whom  I  represent.  The  issue  must  come.  Ambition  will 
avail  itself  of  it;  the  elements  of  us  developments,  and  of 
mischief  are  contained  in  it.  I  believe  from  the  course  which 
this  discussion  has  taken,  that  many  gentlemen  will  vote  for  this 
bill,  but  if  they  do,  they  will  do  an  act,  the  effects  of  which  they 
do  not  appreciate.  Gentletnen  do  not  understand  the  feelings  of 
the  South.  I  have  no  fear  of  insurrection,  nor  the  dangers  of  slave 
property.  If  we  were  in  the  midst  of  a  war  to-morrow.  I  tell  the 
gentleman,  that  we  of  the  South  would  feci  as  safe  in  the  midst  of 
a  slave  population  as  in  the  midst  of  a  free.  We  will  see  more  of 
this  in  other  forms — I  make  the  prediction,  that  should  any  part 
of  Mexico  come  into  the  acquisitions  of  this  Union,  there  will  be 
provisions  introduced  to  prohibit  slavery.  The  whole  territory  of 
the  South  IS  to  be  put  into  the  power  of  those  who  tidl  ine  that  "in 
medio  tutissimtts  ibis,"  as  they  express  it.  Oh,  yes,  they  are  very 
good  judges  of  the  middle  course,  but  as  good  judges  as  they  are 
when  they  undertake  to  pursue  the  middle  course,  they  keep  it  so 
long  as  it  is  their  interest,  and  no  longer.  What  a  security  for  mod- 
eration on  our  part — and  conlidcnt  reliance  on  the  good  faith  of 
those  who  have  never  kept  it !  I  have  oxpressiMl  myself  with  some 
warmth,  but  I  hope  the  Senator  from   New   Hampshire   will,  at 


least,  do  me  the  justice  to  say  that  it  has  not  been  without  provoca- 
tion. I  have  avoided  epithets  and  violent  denunciations,  because 
I  am  prepared  for  grave  issues  when  solemn  determination  and 
not  violence  must  be  resorted  to.  I  am  willing  to  wish  the 
Union  safe,  but  to  be  so  it  must  preserve  right,  and  maintain  con- 
stitutional obligations.  I  cannot  resume  my  seat  without  ex- 
pressing the  high  gratification  with  which  I  have  listened  to  the 
eloquent  remarks  of  the  honorable  Senator  from  Indiana,  [Mr. 
H.1NNEGAN.]  He  has  taken  the  high-minded  and  independent  course 
which  his  character  entitled  us  to  expect.  lam  confident  that  he 
will  be  fully  sustained  by  all  true-hearted  patriots  throughout  the 
Union. 

Mr.  CAMERON. — I  rise  merely  to  defend  my  own  State — that 
great  State  which  I  have  the  honor  to  represent — on  a  single  point 
which  has  been  alluded  to  by  the  distinguished  Senator  from  South 
Carolina,  [Mr.  Calhoun.]  That  Senator  has  done  injustice  to 
Pennsylvania,  (nnintcntionally,  doubtless,)  in  comparing  a  recent 
law  of  her's  with  an  act  of  the  late  Legislature  of  New  York. 
The  New  York  statute,  it  is  said,  makes  it  a  penal  olfcnee  for  any 
of  her  citizens  to  aid  in  the  arrest  or  restoration  of  fugitive  slaves 
to  their  owners.  The  law  of  Pennsvlvania  is  a  widely  different 
affair.  Her  act  of  1S26  made  it  the  "duty  of  the  State  officers  to 
aid  in  the  arrest  of  slaves  ;  which  act,  as  has  been  stated  by  the 
colleague  of*  the  Senator,  was  rendered  null  by  the  decision  of  the 
courts"  The  last  act,  therefore,  is  merely  a  declaratory  one,  setting 
forth  the  fact  that  those  officers  were  not  required  by  the  State 
laws  to  render  such  aid.  The  duty  of  the  citizens  remains  un- 
changed, and  is  in  no  way  affected. 

No  attempt  has  been  made  by  Pennsylvania  to  interfere,  in  any 
way,  with  the  power  or  authority  of  the  general  government,  nor 
the  duty  of  the  citizens  to  that  g'overnment.  The  marshal  or  his 
deputy  can  call  to  his  aid  a  sufficient  posse  at  any  time,  when  it 
may  be  necessary  to  sustain  the  laws  of  the  Union  ;  and  no  act 
in  the  history  of  Pennsylvania  can  be  pointed  to,  which  will  show 
that  she  has,  in  a  single  instance,  been  wanting  in  a  due  regard 
for  the  guarantees  of  the  constitution,  and  the  compromises  under 
it.  Nor  will  she  ever  be.  The  Senator  alluded,  also,  to  a  distur- 
bance in  Carlisle.  Undue  importance  has  been  attached  to  that 
affair,  the  persons  concerned  in  it  were  tried,  and  those  found  guil- 
ty were  properly,  and  I  may  add,  severely  punished.  They  are 
still  incarcerated  within  the  walls  of  a  penitentiary.  As  to  the 
death  of  a  citizen  from  another  State,  I  am  positively  assured  that 
he  was  the  victim  of  disease,  and  that  his  death  was  not  at  all  at- 
tributable to  this  disturbance. 

Pennsylvania  has  no  sympathy  with  the  ultra  abolitionists.  She 
has  within  her  borders  no  fanatics  as  a  body.  She  may  have,  and 
doubtless  has,  a  few  individuals  who  join  in  these  movements  of 
the  ultra  abolitionists  ;  but  they  have  no  aid  or  countenance  from 
the  great  body  of  her  intelligent  people.  A  very  few  men — hon- 
est and  well-meaning,  no  doubt — sympathize  with  the  Senator 
from  New  Hampshire  in  doctrine  and  feeling  ;  but  the  masses  of 
the  people  are  entirely  willing  to  leave  the  domestic  institutions  of 
other  States  where  they  properly  belong — in  their  own  hands. 
They  feel  that  they  have  no  right  whatever,  under  the  constitu- 
tion, to  interfere  with  them.  What  they  claim  for  themselves,  they 
cheerfully  accord  to  others — the  right  to  regulate  their  own  affairs. 
They  are  opposed  to  slavery  in  the  abstract,  and  have  long  since 
abolished  it  within  their  own  borders.  They  are  willing,  as  they 
should  be,  to  let  other  States  act  for  themselves  in  this  and  other 
domestic  matters. 

I  am  not  surprised  at  the  feeling  evinced  upon  this  subject  by 
southern  Senators.  It  is  natural,  and  not  to  be  wondered  at.  We 
have  seen  a  vessel  come  within  sight  of  this  capitol,  upon  which 
floats  the  proud  llag  which,  I  trust,  will  ever  remain  as  the  em- 
blem of  our  happy  Union,  and  in  the  dead  of  night  decoy  and 
carry  off  nearly  a  hundred  negroes,  the  property  of  citizens  of  the 
District.  They  feel  that  if  such  a  state  of  things  is  tolerated 
here,  in  the  very  presence  of  the  government,  to  them  the  guar- 
amies  of  the  constitution  are  utterly  useless — the  safeguards  and 
compromises  upon  which  they  have  been  relying  are  only  mockery. 
I  differ  in  toto  Irom  the  Senator  from  Illinois,  with  regard  to  the 
effect  of  the  agitation  of  this  question.  If  anybody  is  injured  by 
it,  it  must  he  the  Senator  from  New  Hampshire,  and  his  friends. 
Nor  do  I  believe  that  this  body  should  be  deterred  from  discussing 
any  question,  from  a  fear  of  its  effect  upon  the  presidency.  The 
South,  as  well  as  the  North,  have  interests  which  they  value  infi- 
nitely above  the  mere  question  as  to  who  shall  fill  the  presidential 
chair.  And  why  shall  they,  therefore,  not  be  excited?  In  tli8 
excitement  growing  out  of  the  recent  outrage,  to  which  I  have 
alluded,  the  Senator  from  New  Hampshire  has  gravely  intro- 
duced a  bill,  purporting  to  he  a  hill  to  protect  the  property  of  citi- 
zens of  this  District;  but,  rightly  viewed,  it  is  a  bill  calculated  to 
encourage  similar  outrages.  What  could  have  induced  hiiu  to  in- 
troduce such  a  measure  at  this  moment  of  excitement?  He  has 
brought  forward  this  question  to-d,ay,  as  he  does  often,  for  his  own 
amusement.  It  can  do  no  good,  except  perhaps  to  extend  his 
popularity. 

Mr.  HALE. — I  call  the  gentleman  to  order. 
The  PRESIDING  OFFICER.— Will   the   Senate   reduce   to 
writing  his  point  of  order. 

Mr.  HALE.— Certainly.  The  words  are  these  :  "  The  gentle- 
man from  New  Hampshire  has  introduced  this  measure,  as  he  has 
many  others,  for  his  amusment." 

The  PRESIDING  OFFICER.— In  the  opinion  of  the  Chair 
the  Senator  is  not  out  of  order. 


April  20.] 


IN  THE  DISTRICT  OF  COLUMBIA. 


525 


Mr.  HALE. — I  must  take  an  appeal  from  that  decision. 

The  question  being  put  upon  the  appeal;  the  decision  of  the 
Chair  was  sustained — ayes  23,  noes  5. 

Mr.  CAMERON.— The  hill  itscll'  is  wholly  uncalled  for.  No 
citizen  of  the  District  has  called  for  it;  and  it  would  be  unjust  to 
force  upon  them  a  law  for  which  they  had  not  asked — to  say  no- 
thina;  of  the  inapplicability  of  its  provisions  to  the  circumstances 
of  the  District.  Whenever  any  such  measure  is  needed,  the 
people  of  the  District  will  ask  for  it;  and  when  propcriy  digested 
by  the  eommitree  throufrh  which  they  are  represented  here,  it  will 
receive  the  due  consideration  of  Congress. 

But  I  rose  only  for  the  purpose  of  putting  my  State  right  on  a 
point  or  two  on  which  her  position  seemed  to  be  raisajtpreliended — 
not  to  discuss  this  question  at  length.  She  needs  no  vindication  at 
my  hand.s.  Her  ciiizens  are  an  intelligent  and  reflecting  people, 
strongly  attached  to  the  confederacy  under  which  they  have  pros- 
pered so  greatly.  They  will  abide  by  the  constitution  to  the  last. 
An  occasional  excitement  may  for  a  moment  have  misled  a  few  of 
her  citizens;  but  it  has  ever  been  only  momentary,  and  has  passed 
away  with  the  occasion.  Much  of  the  recent  excitement  on  this 
subject  may  be  fairly  attributable  to  the  far-famed  Wilmot  proviso. 
That  is  now  numbered  among  the  things  that  are  passed,  and  its 
results  will  soon  be  forgotten.  Famous  as  it  was  1^  a  time,  there 
are  none  now  in  Pennsylvania  "so  poor  as  to  do  it  reverence."  An 
occasional  occurrence  may  give  it  a  temporary  importance.  Some 
one  may  take  hold  of  it,  as  heretofore,  to  give  himself  a  local  pop- 
ularity or  a  general  notoriety.  He  may  be  encouraged  by  a  recent 
appointment  here,  which  seems  like  a  reward  for  having  agitated 
this  question,  and  procuring  the  instructions  by  a  legislature  to  her 
Senators  to  vote  for  it  in  this  body.  But  that  will  amount  to  very 
little  in  the  end,  and  will  die  forgotten  as  a  dream.  I  move  that 
the  Senate  adjourn. 

The  motion  being  temporarily  withdrawn — 

Mr.  CALHOUN  said  :  I  rise  simply  to  state  upon  what  grounds 
I  made  the  assertion  that  the   act  of   Pennsylvania  was  similar  to 


the  act  of  New  York,  but  did  not  go  so  far.  The  act  of  New 
York  makes  it  penal  even  for  the  citizens  of  New  York  to  aid  the 
federal  officers.  The  act  of  Pennsylvania  does  not,  but  makes  it 
illegal  for  her  magistrates  and  citizens  to  co-operate,  except  with 
the  federal  officers.  Now,  the  provision  of  the  constitution  of  tUe 
United  States  requires  an  active  co-operation  on  the  part  of  the 
State,  its  citizens  and  magistrates,  in  the  delivery  of  (ugitive  slaves, 
and  anything  short  of  that  is  a  violation  of  the  constitution,  and 
calculated  to  destroy  the  efficiency  of  the  law  of  the  United  States 
in  reference  to  that  subject.  To  that  extent  the  luw  of  Pennsyl- 
vania, as  well  as  that  of  New  York,  is  unconstitutional. 

Mr.  CRITTENDEN.— What  is  the  motion  pending  ? 

The  PRESIDING  OFFICER.— The  Senator  from  Pennsylva- 
nia made  a  motion  to  adjourn,  but  gave  way  to  the  Senator  from 
South  Carolina. 

Mr.  CRITTENDEN.— I  intend  to  renew  tliat  motion.  I  think 
after  the  excitement  we  have  all  witnessed  to-day,  we  will  be  bet- 
ter prepared  to  decide  with  the  deliberation  which  usually  m:irks 
the  proceedings  of  this  body,  at  a  future  session.  I  move,  there- 
fore, that  we  now  adjourn. 

Mr.  BENTON. — Will  the  gentleman  withdraw  the  motion  for 
a  moment  ?     I  move  that  the  paper  be  printed. 

Ordered,  That  the  bill  be  printed  for  the  use  of  the  Senate. 

Mr.  JOHNSON,  of  Maryland,  then  gave  notice,  that  should  the 
Senator  from  New  Hampshire  have  leave  to  introduce  his  bill,  he 
wuuld  move  the  following  resolution  : 

JirFnlvpfl,  Ttiat  therommiltep  to  whom  was  referred  tlie  "  Bill  re'aling  to  riots  and 
iinliiwtiil  assetrrblies  in  tlie  Di^trJut  ot"  Columbia,"  lie,  and  Itiey  are  iiereljy,  instructed 
tu  amend  tlie  said  Ijill  liy  inserting!  a  section  in  the  same  for  the  effectual  proteclion.  by 

fenal  piovision.s  or  otherwise,  of  the  citizens  of  this  District,  and  otiiei  citizens  of  the 
tniterl  Slates,  in  the  undisturbed  possession  and  ownersliip  of  their  property  in  slaves 
in  such  District. 

On  motion, 

The  Senate  then  adjourned. 


52C 


PETITIONS— RESOLUTIONS,  ETC. 


[Monday, 


MONDAY,  APRIL  24,  1848. 


CREDENTIALS. 

Mr.  ASHLEY  presented  the  credentials  of  the  Hon.  Solon 
Borland,  appointed  a  Senator  by  the  Governor  of  the  State  of 
Arkansas,  to  till  the  vacancy  occasioned  by  the  resignation  of  the 
Hon.  Ambrose  H.  Sevier;  which  were  read. 

The  VICE  PRESIDENT  administered  the  oath  required  by 
law  to  Mr.  Borland;  and  he  took  his  seat  in  the  Senate. 

THE    FRENCH    CELEBRATION. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  communica- 
tion from  the  Executive  Committee  of  a  general  nieetmg  of  the, 
citizens  of  Wasbinuton,  inviting  the  Senate  and  its  Presiding  Of- 
ficer to  join  in  the  celebraticn'of  the  recent  French  Revolution 
and  the  other  Republican  movements  in  Europe,  arranged  to  take 
place  to-day;  which  was  read. 

PETITIONS. 

Mr.  HANNEGAN  presented  the  memorial  of  the  Ohio  and 
Mississipfii  Rail  Road  Company,  praying  to  be  allowed  the  right 
of  way  over  the  public  lands  in  Indiana  and  Illinois  lor  the  use  of 
that  company;  which  was  referred  to  the  Committee  on  Public 
Lands. 

Mr.  CAMERON  presented  the  memorial  of  the  Board  of  Trade 
of  the  city  of  Pittsburgh,  Pennsylvania,  praying  the  enactment  of 
a  law  to  provide  additional  security  against  the  explosion  of  steam 
boilers  on  board  of  vessels  propelled  by  steain;  whicl^  was  referred 
to  the  Committee  on  Commerce. 

Mr.  JOHNSON,  of  Maryland,  presented  a  memorial  of  citizens 
of  the  United  States,  praying  the  purchase  of  Mount  Vernon  by 
the  government:  which  was  referred  to  the  Committee  on  Military 
Affairs. 

Mr.  HALE  presented  four  pejitions  of  citizens  of  New  York, 
praying  that  an  investigation  may  be  made  by  Congress  in  relation 
to  certain  allegations  made  against  the  officer  discharging  the  duty 
of  military  governor  at  Jalapa,  in  Mexico;  which  were  referred 
to  the  Committee  on  Military  AH'airs. 

Mr.  PEARCE  presented  a  memorial  of  citizens  of  Baltimore, 
Maryland,  praying  the  purchase  of  Mount  Vernon  by  the  govern- 
ment; which  was  referred  to  the  Committee  on  Military  Affairs. 

Also,  four  memorials  from  citizens  of  Philadelphia,  complaining 
of  the  monopoly  granted  to  the  Camden  and  Amboy  Rail  Road 
and  Delaware  and  Raritan  Canal  Companies,  and  of  the  right  as- 
snmed  by  the  Legislature  of  the  State  of  New  Jersey  to  impose 
duties  upon  all  passengers  and  merchandize  carried  across  the 
State,  and  praying  for  the  survey  of  a  route  for  a  post-road  be- 
tween the  cities  of  New  York  and  Philadelphia,  to  be  used  for  the 
construction  of  a  railroad;  which  were  referred  to  the  Committee 
on  the  Post  Office  and  Post  Roads. 

Mr.  ASHLEY  presented  a  petition  of  citizens  of  Arkansas, 
praying  an  additional  grant  of  land  for  the  purposes  of  education 
in  that  State,  and  the  right  to  enter  other  lands  in  lieu  of  such 
school  lands  as  are  unfit  for  cultivation  ;  which  was  referred  to  the 
Committee  on  Public  Lands. 

Mr.  DIX  presented  the  memorial  of  Sarah  Ann  Hart,  widow 
of  Benjamin  F.  Hart,  praying  that  the  pension  heretofore  granted 
to  her  mav  be  continued  ;  which  was  referred  to  the  Committee  on 
Naval  AB'airs. 

On  motion  by  Mr.  DIX^  it  was 

Ordered,  That  the  memorial  of  Sarah  Ann  Hart,  widow  of 
Beniamin  F.  Hart,  and  the  memorial  of  Joel  Kelly  and  others, 
sureties  of  Benjamin  F.  Hart,  deceased,  on  the  files  of  the  Senate, 
be  referred  to  the  Coumiittee  on  Naval  Affairs. 

On  motion  by  Mr.   CLAYTON,  it  was 
Ordered,  That  the  petition  of  Arnold   Nandain,  on  the   files  of 
the  Senate,  be  referred  to  the  Committee  of  Claims. 

THE    LIBRARY    OF    GEN.    WASHINGTON. 

Mr.  CLARKE  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  : 

Rrsolrcit.  Thai  llie  fommilU'i-  on  Ilit-  I.ibrary  In-,  ami  llicy  hereliy  arc.  diroclnl  lo 
asiertaiii  from  the  preseiil  owner  of  tlic  lilwary  of  tlie  laic  Ucn.  George  VVnshniElon 
wlietiicr  tlie  same  is  now  tor  bftic,  of  wliat  number  and  value  are  Ihp  books  in  said  li 
brary,  and  at  wbat  price  tlic  same  can  be  purchased  by  Congress. 

PROCEEDINGS    AND    DERATES. 

Mr.  BELL  stibmitled  the  following  resolution  for  consideration  : 

Reiolvrd  'I'lial  the  Reporter  of  the  Senate  be  direclej  to  supniy  each  member  of 
the  Houic  of  Represenlalivcs  with  a  copy  of  liis  report  of  procecUiujs  and  debates  of 


the  United  Stales  Senate  for  t'le  present  Congress;  the  expense  to  be  paid  out  of 
the  eoiuingent  fund  of  the  Senate. 

Mr.  BELL  a.sked  the  immediate  consideration  of  the  resolution, 
as  he  presumed  no  Senator  would  object  to  it.  It  was  simply  a 
courtesy  that  was  due  to  the  members  of  that  body. 

Mr.  TURNEY  would  remind  the  Senator  that  the  House  had 
already  the  Congressional  Globe,  in  which  appeared  the  proceed- 
ings as  well  as  the  debates  published  in  extenso,  and  that  if  they 
desired  the  proceedings  and  debates  of  the  Senate,  they  could  sup- 
ply themselves.  He  would  prefer,  therefore,  that  the  resolution 
take  the  usual  course,  and  he  over  one  day. 

The  resolution  was  laid  over. 

CLAIM    AGAINST    PORTUGAL. 

Mr.  CLARKE  .submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to  : 

Resolved,  That  the  President  of  the  Ignited  States  be  requested  to  furnish  to  the 
ticnate  copies  of  any  correspondence  in  the  Department  of  titate  with  the  American 
Cbareed'Atfain,  in  Portugal,  in  relation  to  the  claim  of  the  owners  of  the  ship  Miles, 
f»f  Warren,  in  the  State  of  Rhode  Island,  upon  the  co%ernment  of  I'ortiigal,  for  pay- 
ment of  a  cargo  of  oil  lalten  by  Ibeotiiceis  and  applied  to  the  uses  of  that  government. 
Also,  copies  of  any  coirespondence  between  our  Charge  and  the  Minister  of  the  Por- 
tuguese goverumeiit  relating  to  the  claim  for,  and  payment  of  said  cargo,  together 
with  sucii  papers  as  are  in  the  department  substantiaiing  the  claim, 

JUDICIAL    POWERS    TO    MINISTERS    AND    CONSULS. 

Mr.  DAVIS,  of  Massachusetts,  submitted  an  amendment  which 
he  designs  to  offer  to  the  bill  to  carry  into  efiect  certain  provi- 
sions m  the  treaties  between  the  United  States  and  China,  and  the 
Ottoman  Porte,  giving  certain  judicial  powers  to  ministers  and 
consuls  of  the  United  States  in  those  countries  ;  which  was  or- 
dered to  be  printed. 

RECOMMITTALS. 

On  motion  by  Mr.  CAMERON,  it  was 

Ordered,  That  the  bill  of  the  Senate  to  incorporate  the  Wash- 
ington Mutual  Insurance  Company  and  Savings  Institution  be  re- 
committed to  the  Committee  on  the  District  of  Columbia. 

On  motion  by  Mr.  MASON,  it  was 

Ordered,  That  the  bill  from  the  House  of  Representatives  for 
the  relief  of  William  Ralston  be  recommitted  to  the  Committee  of 
Claims. 

ADVERSE    REPORT. 

Mr.  FELCH,  from  the  Committee  to  audit  and  control  the  con- 
tingent expenses  of  the  Senate,  to  whom  was  referred  the  resolu- 
tior.  submitted  by  Mr.  Benton,  on  the  15tb  March,  to  compen- 
sate James  Moore,  reported  it  with  the  recommentlation  of  the 
Committee  that  it  be  rejected. 

PRIVATE   BILLS. 

Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  to  whom  was  referred  the  memorial  of  William  Greer,  re- 
ported a  bill  for  his  relief:  which  was  read  and  passed  to  the  se- 
cond reading. 

Agreeably  to  notice,  Mr,  BRIGHT  asked  and  obtained  leave 
to  bring  in  a  bill  for  the  relief  of  Gamaliel  Taylor,  late  Marshal 
of  the  United  States  for  the  district  of  Indiana,  and  his  securities; 
which  was  read  the  first  and  second  times  by  unanimous  consent, 
and  referred  to  the  Committee  on  the  Judiciary, 

UNITED   STATES  DISTRICT   COURT   IN   ALABAMA. 

Mr.  LEWIS,  by  unanimous  consent,  asked  and  obtained  leave 
to  bring  in  a  bill  to  change  the  place  of  holding  the  District  Court 
of  the  United  States  for  the  middle  district  of  Alabama  ;  which 
was  read  the  first  and  second  times  by  unanimous  consent,  and  re- 
ferred to  the  Committee  on  the  Judiciary. 

PROCEEDS  OF  THE    PUBLIC  LANDS. 

Agreeably  to  notice,  Mr.  FOOTE  asked  and  obtained  leave  to 
bring  in  a  bill  to  amend  an  act  entitled  ''an  actio  appropriate  the 
prirceeds  of  the  public  laiuls,  and  to  grant  pre-emption  rights  ;" 
which  was  read  the  first  aiul  second  times  by  unanimous  consent, 
and  referred  to  the  Committee  on  Public  Lands. 

JOHN  LORIMER    GRAHAM. 

On  motion  by  Mr.  PEARCE,  the  prior  orders  were  postponed 
and  the  bill  for  the  relief  of  John  Lorimcr  Graham,  late  postmas- 
ter in  the  city  of  New  York,  was  read  the  second  time  and  con- 
sidered as  in  Committee  of  the  Whole  :  and  no  amendment  being 
made  it  was  reported  to  the  Senate. 


ApRit  24.]                                   SURVEYS  IN  FLORIDA,  ETC.                          -                     527 

Ordered,  That  it  be  engrossed  and  read  a  third  time.  military  land  wabbants. 

.,,.,,                 ,       ,•  J    •         L                                    .  On  motion  by  Mr.  BREESE,  the  prior  orders  were  postponed, 

The  said  bill  was  read  a  third  time,  by  unanimous  consent.  ^„j  j|jg   bill  to  require   holders  of  military   land  warrants  to  com- 

„     ,     ,  „,      ,,  ^„             J    ,      u   .• .  .L      <■  u        .■        J  pensate  the  land  officers  of  the  United  States  for  services  in  rela- 

lUsoli:.d.  That  tins  bill  p«s,  and  that  the  tiUe  thereof  be  as  aforesa.d.  K^^  ^^    ^^^  location  of  those  warrants,  was  read  the  second  time 

Ordered,  That  the    Secretary    request    the   concurrence  of  the      f^^  considered  as  in  Committee  of  the  Whole  ;  and  no  amendment 

House  of  Representatives  in  this  bill.  ^<""S  ""'^'''  "  "^^  '^''P""'''  "'  ^'"=  ^^"'•^'-' 


SURVEYS    IN    FLORIDA. 


Ordered,  That  it  be  en:;;rossed  and  reiul  a  third  time. 
The  said  bill  was  read  a  third  time,  by  mi'tnimous  consent. 
Ifrsith.-cd,  Thattliis  bill  i)as  ,  irui  that  the  title  thereof  be  a-s  albreiaid. 


On  motion  by  Mr.  WESTCOTT,   the  prior  orders   were  post- 
poned and  the  Senate   proceeded  to  consider,  as  in  Committee  of 

the  Whole,  the  bill  rnspectina  certain  surveys  in  the  State  of  Flo-  Ordered.   That   the   Secretary   request  the  concurrenco   of  the 

rida  ;  and   no  amendment  being  made,  it  was  reported  to  the  Se-  House  of  Representatives  in  this  bill, 
nate. 

„,,„,.,                              ,          .            ,          ,•     ,,■  BRIDGE    OVER  THE    EASTERN    BRANCH. 

Ordered.  That  it  be  engrossed  and  read  a  tlurd  time. 

......                 ,,.,-,                                     .  On  motion  by  Mr.  CAMERON,  the  prior  orders  were  postpon- 

The  said  bill  was  read  a  third  time,  by  tmanimous  consent.  ^j^  ^_^j  ^^^  ^.^j  ^^  provide  a  free  communication  across   the  east- 

The  question  bein"  taken  on  the  passage  of  the  bill,  it  was  ern  branch  of  the  Potomac,  in  the   District  of   Columbia,  was  ta- 

Resolved.  That  this  bi.r,,,-,,..  and  that  the  title  thereof  he  as  atore.i,,,!.  ^en  up  for  a  second  reading  ;  when, 

Ordered.  That  the    Secretary  request  the  concurrence  of  the  On  motion, 

House  of  Representatives  in  this  bill.  The  Senate  adjourned. 


528 


PETITIONS. 


[Tuesday, 


TUESDAY,  APRIL  25,  1848. 


PETITIONS. 

Mr.  BREESE  presented  the  petion  of  L.  P.  Sanger,  praying 
compensation  tor  services  in  carrying  the  mail;  which  was  refer- 
red to  the  Committee  on  the  Post  Office  and  Post  Roads. 

Also,  the  petition  ofFrink  and  Hadduck,  praying  compen.sation 
for  their  services  in  carrying  the  mail;  which  was  referred  to  the 
Committee  on  the  Post  OlBce  and  Post  Roads. 

Also  a  memorial  of  the  Commissioner  of  Fayette  county,  Illinois, 
praying  that  authority  may  be  conferred  on  the  State  of  Illinois  to 
collect  tolls  on  that  portion  of  the  Cumberland  road  lying  within 
her  limit?,  for  the  purpose  of  raising  funds  for  the  repair  of  said 
road;  which  was  referred  to  the  Committee  on  Roads  and  Canals. 

Mr.  CAMERON  presented  a  memorial  of  the  Professors  of  the 
National  Medical  College  in  the  city  of  Washington,  praymg  that 
an  appropriation  may  be  made  for  the  support  of  the  Hospital  in 
that  place,  which  was  read  and  referred  to  the  Committee  on  the 
Committee  on  the  District  of  Columbia. 

Mr.  CLAYTON  presented  two  memorials  of  citizens  of  Phila- 
delphia, complaining  of  an  alleged  monopoly  granted  to  the  C"am- 
den  and  Amboy  Railroad  and  Delaware  and  Raritan  Canal  Com- 
panies, by  the  Legislature  of  the  State  of  New  Jersey,  and  pray- 
ing the  construction  of  a  railroad,  as  a  post  road,  between  the 
cities  of  New  York  and  Philadelphia. 

Mr.  CLAYTON. — I  shall  not  at  this  time  go  into  any  detailed 
statement  of  the  facts  presented  in  this  memorial.  The  memori- 
alists complain  of  what  they  regard  as  a  grievance  in  an  act  of 
the  Stale  of  New  Jersey,  establishing  a  railroad  company,  which 
enjoys  a  monopoly  of  the  route  between  the  cities  of  Philadelphia 
and  New  York.  They  complain  that  the  tolls  on  this  road  are 
excessive — that  the  exactions  from  people  of  other  Slates  of  the 
Union  are  much  greater  than  those  imposed  upon  the  people  of 
New  Jersey — that  the  people  of  other  States  are  compelled  to  pay 
four  dollars  fare,  while  the  citizens  of  New  Jersey  themselves  are 
charged  with  a  toll  of  only  three  cents  per  mile,  being  a  little  more 
than  one  half  the  amount  exacted  from  citizens  of  other  States 
passing  over  the  road.  I  shall  not,  however,  as  I  said,  go  at 
present  into  this  sulijeet,  but  merely  ask  a  reference  of  the  memo- 
rial to  the  Committee  on  Post  Offices  and  Post  Roads.  I  know 
nothing  of  the  facts  slated  in  the  memorial,  except  on  common 
rumor  and  report,  and  from  what  I  have  understood,  I  believe 
that  the  faols  are  correctly  stated.  The  subject,  however,  will 
receive  the  consideration  of  the  committee,  who  will  be  prepared 
to  report  to  us  whether  the  prayer  of  the  memorialists  ought  to  be 
granted,  which  asks,  as  it  will  be  perceived,  for  a  survey  of  the 
route  with  a  view  to  further  action  on  the  part  of  the  general  gov- 
ernment. 

Mr.  DAYTON. — I  am  certainly  somewhat  surprised  at  the 
statement  made  by  the  honorable  Senator  from  Delaware.  That 
newspapers,  and  newspaper  writers  should  at  any  time  attempt 
lo  excite  prejudice  against  local  com|ianics  in  order  to  subserve 
iival  interests,  or  from  any  other  motive,  is  not  surprising.  But 
that  the  Senator  from  Delaware  should  give  a  species  of  quasi 
authority  to  such  statements  does  strike  me  with  surprise.  I  have 
no  hesitation  in  saying,  that  this  entire  statement  in  reference  to 
the  alleged  extortions  practised  by  these  companies  upon  the  pub. 
lie,  under  the  authority  of  the  State,  is  an  entire  mistake.  In  the 
first  place  in  reference  to  the  fare.  For  some  seventy  or  eighty 
miles  the  amount  of  fare  by  the  charter  of  New  Jersey  is  fixed  at 
three  dollars.  That  is  the  maximnni.  There  is  an  additional 
charge  of  one  dollar,  but  that  is  imposed  by  running  on  the  Penn- 
sylvania side  of  the  river.  So  far  as  the  Legislature  of  New  Jersey 
is  concerned,  giving  thorn  a  direct  line  from  city  to  city,  the  maxi- 
mum fare  is  three  dollars. 

Mr.  JOHNSON,  of  Maryland,  (in  his  seat.)— Tliey  hug  the 
Pennsylvania  shore  ! 

Mr.  DAYTON.— The  State  of  New  Jersey  has  nothing  to  do 
with  It.  Then,  in  regard  to  the  amount  of  loll  ten  cents  is  levied 
upon  each  passenger.  Not  a  very  unusual  (jr  heavy  charge  ;  for 
you  are  to  recollect,  that  the  stock  and  dividends  of  the  company  do 
not,  as  in  other  States,  pay  a  cent  tax.  The  whole  amount  which 
the  State  now  receives  as  tax  from  the  Camden  and  Amboy  Rail- 
road Company,  is  a  tax  of  ten  cents  a  head.  I  believe  that  the 
toll  levied  on  the  road  between  Washington  and  Baltimore  is  fifty 
cents,  for  one-third  of  the  distance. 

Mr.  PEARCE.— One-fifth. 

Mr.  DAYTON.— The  amount  paid  by  the  Camden  and  .■Vmboy 
Railroad  is  nothing  more  than  a  fair  tax.  The  stockholders  now 
receive  some  12  per  cent,  as  a  dividend,  I  believe,  and  the  stock 
sells  at  140  for  101)  par  value,  and  yet  the  State  of  New  Jersey  is 
charged  with  playing  the  extortioners  on  the  public  by  taxing  the 
company.     It  is  a  question  between  the  company   and  the  public, 


and  not  between  the  public  and  the  State.  But  I  do  not  wish  to 
go  into  the  minutiEE  of  the  matter  at  the  present  moment.  If  the 
memorial  be  leferred  to  the  committee,  I  doubt  not,  if  they  think 
it  a  matter  within  the  jurisdiction  of  the  federal  legislature;  and 
that  we  have  no  peculiar  rights  within  our  own  limits,  they  will 
look  into  the  facts  and  report  for  the  information  of  the  Senate  and 
the  put  lie. 

Mr.  MILLER. — I  must  also  express  my  surprise  at  the  presen- 
tation of  this  memorial.  One  remark  was  made  which  is  alto, 
gelher  unfounded.  It  was  said  that  the  State  of  New  York,  by 
law,  authorized  the  increase  of  the  rate  of  fare  taken  from  citizens 
of  other  States,  and  that  the  State  received  a  portion.  There  is  no 
such  law  in  existence.  The  State  of  New  Jersey,  at  the  time  of 
the  passage  <•' these  acts,  and  by  way  of  contract  I  suppose,  to 
prevent  any  future  tax  upon  the  company  and  its  stock,  fixed  the 
amount  of  ta.x  at  ten  cents  a  head  on  the  passengers.  That  was 
nothing  more  than  a  mode  of  taxation  agreed  upon  between  the 
State  and  the  company,  and  it  might  as  well  be  said  that  a  toll  of 
ten  cents  levied  on  a  bridge,  fixed  by  a  State  legislature,  and  au- 
thorized by  the  statute,  was  a  tax  imposed  by  the  State  upon  per- 
sons travelling  through  the  State.  It  is  nothing  more  than  the  or- 
dinary lax,  and  a  very  small  one,  upon  the  amount  nl  capital.  But 
I  should  like  to  understand  how  it  is  that  our  good  friends  in  Phila- 
delphia come  here  to  Congress  and  ask  it  to  interfere  with  our  local 
institutions — to  ask  Congress  for  the  purpose  of  breaking  down, 
as  they  say,  a  monopoly  in  New  Jersey — to  create  a  right  of  way 
through  our  limits  lor  the  people  of  other  States.  This  is  a  new 
question  truly,  and  I  call  the  attention  of  my  honorable  friend  from 
Connecticut,  the  chairman  of  the  Committee  on  the  Post  Olfice 
and  Post  Road,  to  take  this  atiair  into  serious  consideration. 

Mr.  CLAYTON. — Before  I  proceed  to  reply  to  my  friends  from 
New  Jersey,  I  will  take  occasion  to  read  a  very  short  letter  ad- 
dressed to  me  with  the  memorial.  My  correspondent,  who  is  one 
of  the  most  respectable  citizens  of  Philadelphia,  says; 

"  \Vc  are  getting  verj'  tired  ol"  inonopolie-i  in  thi»  part  of  Itie  country,  and  I  mu«' 
beg  tlio  favor  of  your  presenting  llie  enclosed  nieniorials,  si^'ned  by  many  otonrre,- 
ppclaljle  citizen...  on  tliesul)ject  of'tliatoritie  Camden  and  Amboy  Radroad  Coulpan^ . 
it  seems  10  me  the  time  has  come  wiien  sometliing  must  be  done.  Ttiey  are  delfiron- 
ill"  icings  afl  over  Europe,  and  yet  we  are  oppressed  and  outraged  by  "Railroad  liings," 
who  charge  us  exorbitant  toll  lor  passing  through  their  dominions,  and  Ivic);  us  out  of 
tlieir  cars  in  the  bargain,  it*  we  complain  of  ill  usage." 

I  shall  now  ask  lor  a  reading  of  the  memorial. 

The  Secbet.^by  then  read  the  memorial,  which  is  as  follows  : 

7'y  thr  Scuntr  and  House  of  lir/rrrstntalives 

vf  the   United  -"States  tn  Conjtress  asscnthled  . 

Tlie  memorial  of  the  subscribers,  citizens  of  Phiiadeliihia,  respectfully  shewetii — 

That,  on  the  thirty-first  day  of  Marcfi,  1832.  the  Legislature  of  the  Slate  of  New 
J'-n>ey  enacted  a  l:iw  relative  to  the  Camden  and  Amboy  Radroad  Company  and  the 
Delaware  and  Raritan  Canal  Company,  by  the  second  section  of  which  it  is  piovided. 
"  TliKt  It  shall  not  be  lawtiil,  at  any  time  during  the  said  railroad  charter,  to  construct 
any  other  railroad  or  raihuads  in  this  State,  without  the  consent  of  tfiesaid  companies, 
which  shall  be  intruded  or  used  tor  the  Iransporlation  of  passengers  or  nicrcfiandize  be- 
Iweeii  the  rilies  of  New  York  and  Fhiladefphia,  or  lo  cnmjicle  tn  business  with  the 
■.aiil  rrtilroad,"  thereby  {.'ranting  to  those  united  Companies  a*  complete  monopoly  of 
the  business  of  transporting  passengers  and  mercliaiidize  on  tfiat  important  finit  in  the 
chain  of  conununication  between  the  iioithern  and  southern  portions  of  the  L'niou. 

That,  in  consideration  of  this  and  other  giants,  the  said  Companies  conveyed  lo  tjie 
said  State  of  New  Jersey  a  large  interest  in  Ifieir  canai  and  radioads,  and  agret>d,  in 
addition  thereto,  to  pay  to  the  said  Stale  transit  dnUes  on  all  nassengers  and  merchan- 
dize carried  across  the  State,  to  wit :  ten  cents  per  head  for  all  passenger^,  anil  fifteen 
cents  for  every  ton  of  merchandize  carried  oii  the  said  iiufroads.  and  ten  cents  Ibrevery 
passenger,  ami  eigfil  cents  for  every  ton  of  merchandize  carried  on  said  canal. 

TJiat,  t»y  several  faws  relative  to  the  said  Companies,  ttie  passage  money  payable  by 
travellers  between  the  cities  of  New  York  ami  I'liiladelphia  was  limited  lo  llirec  doi- 
kir-,  as  the  nia.ximnni  rate. 

That  on  the  filteenih  day  of  March,  1837,  tfie  Legislature  of  the. saiti  Slate  enacted 
anotfier  law,  by  virtue  of'which  the  saiil  Companies  were  authorized  to  charge  the 
sum  of  four  dollars  lor  each  passenger  carried  on  any  of  the  railroads  of  the  said  com- 
panies to  and  from  the  said  cities  by  day.  and  live  liotlars  by  niglil,  provided  that  they 
paid  into  the  treasury  of  Ihe  State  one-half  ')f  any  sum  over  ttiree  dollan.  tliat  tficy 
iniglit  charge  for  each  passenger  so  carried. 

Tliat  the  said  Stale  fias  tlius  assumed  to  itself  aright  eontrary.  as  your  memorialists 
believe,  lo  the  constitution  of  the  United  States,  to  impose,  at  lU  pleiLsure,  duties  upon 
all  pa.sseiigeis  and  merchandize  entering  into,  and  dejiarling  from  its  territory,  and  has 
coiistitiiled  ihe  said  Coni(iames  its  ageuls  for  the  collection  of  those  duties. 

Thill  the  obiect  of  this  course  of  proceeding  is  to  throw  upon  tlie  citizens  of  otfler 
State,  of  Ihe  finioii  the  burilien  of  supjiorting  the  government  of  that  St,-»te,  and 
thereby  lo  c\empt  its  own  citizen,  from  the  payiiieiit  of  taxes  for  that  purpose. 

That  while  thus  taxing  the  citizens  of  oilier  States.  Ifie  said  State  endeavors  care- 
fnllv  to  guard  its  own  cilizens  from  the  eft'ecls  of  the  monojiofy  thus  grauleii,  it  being 
specially  provided  in  the  law  which  antlioiizes  a  cfiarge  of  five  dollars  on  passenger* 
between  New  York  and  riiiladelphia,  lliat  the  faro  on  said  roads  shall  iii  no  case  ex 
ceed  tiiree  cents  per  mile,  at  which  rale  the  charge  lor  the  whole  distance  would  not 
exceed  two  dollars  and  seventy  cents. 

That  in  the  exercise  of  this  assumed  light  lo  iniposednlies  upon  passengers  and  mer 
ehandize,  the  said  Slate hastlnis  destioyed  that  coinpetilioii  which  is  absolutely  requl- 
sile  foi  securing  modcialion  of  cfiarge,  freiiuency  of  communication,  and  raiiidityof 
transport. 

Tfiat  tfie  eliarges  ui>on  tlie  canaf  and  raifroads  tielonging  lo  lliese  united  companiet 
aic  in  almost  alleases  double,  in  most  cases  treble,  aud  in  many  ijuadruple,  what  they 
would  bo  nuder  a  system  ol'  free  competition,  wdiile  comniunicalion  is  infrergueni,  and 
transportation  tar  less  rapid  tfiaii  on  oilier  roads. 

Thill  ihe  amount  collccled  by  Uiis  Company,  and  by  the  several  sub-compnniesto 
whom  this  mono)!olv  is  farmed  out,  exceeds,  as  your  niemoriHlists  liave  reason  to  be- 
lieve, two  millions  of  dollars,  and  conseijuently  that  tfie  ta.x  liireclly  imposed  U|ion  tll« 

people  of  oUict  Stales  of  the  Union  considerably  exceeds  a  miifion  of  doffais. 


April  25, J 


CAMDEN  AND  AMBOY  RAIL  ROAD. 


529 


That  in  addition  thereto  it  imposes  a  heavy  amount  of  indirect  taxation  in  various 
way^,  to  wit — 

IJv  deterring  persons  engaged  in  trade  from  travelling  to  attend  to  their  own  aflairs, 
and  tlius  cotojielling  ttieili  to  pay  commissions  to  a  vast  amount. 

By  preventiiij^  ilie  free  intercliango  of  ceniniodilies  hetweeil  the  several  portions  of 
the  Union,  and  more  particniorly  hetween  tlie  cities  of  New  Voric  and  Philadelphia. 

By  ooinpelliiig  ihe  sliipment  by  sea  of  vast  qnantities  of  merchandi/.e,  thus  cansing 
delay  and  frequent  loss  of  pr0|)erty. 

By  preventing  tha',  free  intercourse  between  the  people  of  the  various  portions  of  the 
Union,  so  essential  to  their  own  improvement,  and  to  the  iiarniony  and  prosperity  oi 
the  Union  itself. 

That  the  amount  of  indirect  taxation  thus  imposed  cbnsidcrahlv  exceeds  that  of  the 
direct  taxation,  and  that  your  memorialists  believe  that  they  should  be  safe  in  estimnt 
ing  it  at  treble  that  amount. 

That  because  of  the  existence  of  the  monopoly  thus  secured  to  these  Companies, 
the  Post  Otfice  Dep.'irtment  Idis  f<mnd  it  all  times  (lilficult  to  make  satisfaclory  ar- 
rangeinenu  for  the  transportation  of  the  mail,  and  that  the  system  of  correspondence 
between  the  cities  of  New  Yoik  and  Philadelphia  and  the  vario'is  intermediate  towns 
and  cities,  is  in  a  high  degree  onsatisfaetory  :  \vlioiea.s  were  coinpelilion  permitted,  the 
mail  would  he  earned  more  cheaply,  more  frequently,  and  more  rapirlly,  as  your  me- 
morialists believe,  than  in  any  other  portion  ol  the  Union. 

That  by  the  constitution  of  the  United  States,  your  Honorable  Flodios  are  empow- 
ered to  establish  post  toads,  and  that  in  the  exercise  of  that  power  your  prsideccsors 
have  caused  such  roads  to  be  made  throngli  Maryland,  Virginia,  anil  other  States. 

That  the  ditliculiies  there  to  be  removed  were  merely  natural  ones  that  would  in 
time  have  been  removed  without  their  aid,  whereas  the  diflicnlty  here  existing  is  an 
artificial  one,  that  the  people  themselves  are  not,  and  never  can  lie  comitetent  to  re- 
move. 

Your  iiietnorialists  believe,  therefore,  that  this  is  a  case  requiring  the  special  inter 
vention  of  the  Supreme  Authority  of  the  Union.  They  have,  for  many  years,  been 
heavily  taxed  in  the  payment  of  exorbitant  charges  for  the  transportation  of  themselves 
.  and  their  merchandize,  and  they  see  no  pros])ect  of  relief  Irom  any  action  within  the 
State  of  New  Jersey  itself,  which  has  just  now  granted  to  this  (Company  a  further  ex- 
tension of  its  povverB.  They  therefore  respcctfuriy  ])ray  that  your  Honorable  Bodies 
will  be  pleased  toilireetthe  survey  of  a  route  for  a  post  load  between  tlie  cities  of  New 
York  and  Philadelphia,  tire  line  ol  sneli  road  to  be  retained  under  the  perpetual  con - 
trol  of  the  Union,  and  to  be  used  for  the  eonstruelion  of  a  railro.ad,  the  said  road  to  be 
coustjueted  by  the  United  Slates,  or  by  a  Company  to  be  (Virnieil  by  virtue  of  an  act 
of  Congress  emjiowering  the  Po^lina-ster  General  to  make  such  arrangements  relative 
thereto  as  he  may  deem  best  calculated  to  secure  to  the  people  of  1  lie  Union,  for  them- 
selves, their  correspondence,  and  their  inerclianilize,  frequency  and  rapidity  of  inter- 
course, and  moderation  of  charge. 

Your  memorialists  would  desire  to  call  the  attention  of  your  Honorable  Bodies  to  the 
fact,  that  wliile  by  the  eonstruelion  of  this  roaii  tin?  convenience  and  advantage  of  the 
people  of  the  Union  will  be  greatly  promoted,  the  Post  Office  Department  will  thereby 
be  enabled  to  contract  for  tlie  transportation  of  the  mail  free  of  charge,  and  the  War 
and  Navy  Departments  will  :dso  be  enahle<l  al  all  times  to  pass  both  iiieii  and  innni- 
tiousof  war  al  a  cost  less  by  in'orc  than  one  half  than  is  now  demantled  for  them,  and 
tliat  thus  the  measure  now  jnoposed  is  one  the  adoption  of  which  must  greatly  benefit 
the  National  Tretisnry.  ^ 

And  your  memorialists  will  ever  pray,  &c. 

Mr.  CLAYTON.— Now  I  do  not  know  what  poition  of  theme- 
monal  whicli  has  been  read,  my  friends  frorft  New  Jersey  under- 
take to  deny.  The  first  .ind  most  material  of  tlie  statements  is 
tins,  ih.it  the  State  of  New  Jersey  has  made  a  contraet  with  this 
company,  giving  it  an  exclusive  right  to  carry  passengers  over  this 
route,  denying  to  herself  during  the  continuance  of  the  charter,  the 
right  to  charter  any  other  coiripany.  This  she  li:is  done  for  a  cer 
tain  consideration.  The  whole  power  of  the  Slate  over  the  suhject 
of  roads  and  canals,  is  given  hy  this  charter  to  this  particular  com- 
pany, so  as  to  inhibit  the  State  to  charter  any  rival  company. 
Now  if  that  be  not  what  is  called  by  the  memorialists  a  monopoly, 
and  an  odious  luonopoly,  I  do  not  know  what  can  deserve  that 
name.  I  wish  to  know  whether  my  friends  from  New  Jersey,  deny 
this  fact  stated  in  the  memorial.  If  they  do  not,  then  the  state- 
ment which  I  made  in  presenting  the  paper,  that  this  was  an  odi- 
ous monopoly,  or  was  held  to  be  so  by  the  pnlilio,  is  certainly  sus- 
tained. Here,  sir,  is  an  allegation  by  these  most  respectabfe  me- 
morialists— who,  I  have  no  manner  of  doubt,  state  what  they  be- 
lieve to  be  true,  and  what  I  myself  suppose  to  be  true— that  there 
is  a  considerable  sum  levied  upon  the  people  of  the  United  States 
for  going  across  the  State  ol  New  Jersey  on  this  rail  road,  for  the 
benefit  of  the  State  of  New  Jersey,  which  they  consider  to  be  un- 
just, because  this  sum  is  contracted  for  entirely  to  the  benefit  of 
the  State  of  New  Jersey,  and  goes  into  its  coffers.  They  .say 
that  the  State  has  derived  a  revenue  from  this  company,  of 
luore  than  a  luillion  of  doll.ars.  Now  be  it  more  or  less,  the  half 
or  the  quarter  of  that  suiu,  I  say  it  is  unjust  to  the  rest  of  the  peo- 
ple of  the.  United  States. 

Mr.  MILLER.— (In  his  seat.)  The  State  does  not  receive  a 
(piartev  of  a  million. 

Mr.  CLAYTON. — I  give  the  statement  of  the  memori.alists — 
but  let  the  sum  be  what  it  may,  I  contend  that  the  ex.action  is  un- 
just. It  ought  not  to  be  extorted  from  the  people  of  other  States. 
The  memorialists  say  farther,  that  one  of  the  acts  of  the  legisla- 
ture makes  a  distinction  between  the  toll  charged  upon  the  people  ol 
JNew  Jersey,  and  the  people  of  other  States.  They  allege  that  the 
people  of  New  Jersey  are  charged  for  way-fare' three  cents  per 
mile,  or  a  sum  not  exceeding  three  dollars,  whilst  citizens  of  other 
Slates  are  charged  four  dollars  between  Philadelphia  and  New 
York;  and  they  say  five  dollars  in  the  night  time. 

Mr.  MILLER. — There  is  no  such  law  in  existence. 

Mr.  CLAYTON.— All  that  will  undergo  the  examination  of  the 
committee.  These  memoriaUsts  then  consider  themselves  greatly 
aggrieved  by  this  monopoly.  And  my  friend  says  that  the  general 
government  has  no  right  to  interefere.  Then  I  suppose  the  Gen- 
eral government  has  no  right  to  establish  a  post  route  across'the 
Stateof  New  Jersey.  I  shall  not  debate  that  question  now.  Let 
It  go  be  ore  the  committee  and  they  will  form  their  judgment  upon 
It.  JfUiey  think  It  IS  an  unjust  monopoly,  and  that  the  govern- 
ment ol  the  United  States  has  the  power  to  establish  a  post  route 
I  trust  we  shall  srant  the  prayer  of  the  memorial,  and  order  the 
survey  to  be  made.  II  there  is  a  constitutional  inability  in  Con- 
gress to  make  the  law,  of  cour.se  we  can  do  notliing.  And  if  the 
State  of  New  Jersey  can  thus  extort  a  tax  from  the  citizens  of 
BOTH  CoNc— JsT  Session— No.  67. 


other  States,  every  other  State  may  Jo  the  same.  Thus  if  the  ex- 
ample of  the  State  of  New  Jersey  in  the  matter  is  to  be  sustained, 
we  may  predict  with  great  certainty,  that  the  other  States 
through  which  people  are  compelled  to  travel,  upon  that  great 
thoronglifarc  from  North  to  South,  will  also  lay  transit  duties,  and 
the  result  will  be  a  general  oppression  upon  the  travelling  commu- 
nity, which  has  hitherto  been  unexampled.  If  all  this  be  right  on 
the  part  of  New  Jersey,  what  will  prevent  Maryland  from  doing 
the  same  thing  ? 

Mr.  MILLER,  (in  his  seat.) — She  dpes  the  same  thing. 

Mr.  CLAYTON. — No.  She  has  granted,  as  her  Senators  say, 
no  monopoly.  New  Jersey  stands  alone.  What  is  to  prevent 
Delaware  from  doing  the  same  thing  ?  She  has  two  rail. roads 
and  a  canal  passing  through  her  limits.  If  this  transit  duty  can 
be  sustained  m  one  State,  why  it  will  be  sustained  in  others,  and 
the  consequence  will  be,  that  which  I  have  just  suggested,  a  gene- 
ral system  of  oppression  upon  the  whole  travelling  community.  I 
do  not  now  intend  to  go  into  the  question  whether  there  is  a  con- 
stitutional power  in  Congress  to  make  post  routes  in  the  State  of 
New  Jersey,  because  I  desire  to  call  the  attention  of  the  committee 
to  the  facts  and  thy  law  in  the  case,  leavino;  tlicui  to  investigate  it. 
The  memorialists  ai'e  men  of  the  highest  respectability;  and  whether 
their  statement  be  true  or  false,  can  be  easily  ascertained.  In  the 
hands  of  the  committee  I  therefore  leave  the  subject. 

Mr.  MILLER. — If  the  Senator  will  permit,  I  beg  to  state  that 
there  is  no  monopoly  in  this  case  in  the  sens^n  which  the  gentle- 
man understands  it.  There  are  two  road^tjetween  the  city  of 
Philadelphia  and  New  York,  on  which  the  great  travelling  takes 
place.  The  Camden  and  Amboy  rail-road  was  originally  from 
Camden  to  South  Amboy.  Then  there  is  one  from  Trenton,  pass- 
ing through  Princeton,  New  Brunswick  and  Newark,  an  indepen-. 
dent  road  entirely,  competing  with  the  other  road.  These  char- 
ters were  intended  to  induce  parties  to  invest  money  in  these  un- 
dertakings, and  are  quite  similar  to  the  charters  granted  to  other 
roads  by  Maryland  and  Del.awaro,  providing  that  no  other  rail-road 
should  1)0  constructed  within  a  certain  distance  of  the  road  con- 
.structcd  by  the  company  to  whom  the  charter  is  given.  If  tha 
gentleman  lueans  that  when  a  State  incorporates  a  railroad  com- 
pany, and  secures  to  them  for  a  certain  number  of  years  the  right; 
of  carrying  freight  and  pa,ssengers  on  other  railroads  free  of  com- 
petition, that  a  monopoly  is  created,  I  think  that  the  States  of 
Maryland  and  Delaw.ire  have  also  created  monopolies,  for  the  tra- 
velling between  Baltimore  and  Philadelphia,  is  entirely  under  the 
control  of  one  company;  and  if  the  State  of  New  Jersey  has  thought; 
proper  to  .secure  to  the  company  this  right  for  a  number  of  years, 
and  has  thus  created  a  monopoly;  we  have  monopolies  all  over  the 
United  States.  I  am  somewhat  surprised  to  hear  the  Senator  say 
that  Congress  ought  to  look  into  this  ''odious  monopoly."— 
Does  he  undertake  to  assert  that  any  one  of  the  independent  States 
of  this  Union  has  not  a  right  to  give  what  is  called  a  monopoly,  in 
order  to  secure  her  cii  izens,  or  other  persons  who  may  invest  money 
in  canals  or  raih-oads,  the  right  of  exclusive  use  for  a  certain 
number  of  years,  and  that  Congress  must  interfere  for  the  purpose 
of  suppressing  this  so  called  monopoly  ?  This,  it  appears  to  me, 
would  be  a  direct  interference  with  State  rights  of  considera- 
ble importance.  I  do  not  stand  here  for  the  purpose  of  defend- 
ing this  company;  I  believe  the  rate  of  fare  is  too  high,  but  that  is 
a  matter  entirely  hetn-een  the  company  and  its  customers.  I  do 
not  see  what  right  \xe  have  to  interfere.  But  the  city  of  Phila- 
delphia complains.  Now,  this  Camden  and  Amboy  railroad,  for 
nearly  one  half  the  way,  traverses  the  State  of  Pennsylvania.  They 
own  or  control  a  road  under  the  law  of  Pennsylvania,  and  I  have 
not  inquired  into  the  matter  in  order  to  ascertain  whether  that  bo 
a  monopoly  or  not.  Tf  it  is  not,  the  people  can  open  a  new  road, 
because  the  State  of  j-'ennsylvania  has  the  control  of  that  road,  and 
I  therefore  think  that  if  there  is  any  ground  of  complaint  from  the 
city  of  Philadelphia,  she  should  apply  to  the  legislature  of  her  own 
State. 

Mr.  CLAYTON. — I  am  glad  to  hear  the  Senator  admit  that 
the  railroad  company  charges  too  much;  and  that  if  we  can  re- 
lieve the  people  of  the  United  States  constitutionally  froin  this 
monopoly,  we  ought  to  do  it.  My  friend  has  referred  to  the  legis- 
lature of  the  State  of  Delaware.  He  is  in  error  in  regard  to  her 
legislation,  on  this  whole  subject.  She  has  two  railroads,  in  which 
a  capital  of  six  miUioris  has  been  invested.  I  believe  all  the  tax  she 
receives  from  both  these  roads,  is  about  one  or  two  thousand  dollar.s 
a  year  each — not  enough  to  pay  her  for  her  trouble  in  legislating  for 
the  benefit  of  the  companies  who  own  these  roads.  She  has  also  a 
large  canal,  which  cost  three  millions  of  dollars,  and  docs  not  levy 
one  dollar  of  taxes  upon  it;  and  she  has  bound  herself  never  to  lay 
a  tax  upon  it.  I  said  that  this  was  a  monopoly,  if  the  statements 
of  the  memorialists  were  true;  and  the  Senator  from  New  Jersey 
says  it  is,  for  he  admits  that  the  State  of  New  Jersey  has  prohibited 
herself  from  constructing  another  railroad  within  ten  luiles,  or 
within  some  considerable  distance  of  this  one.  It  is  impossible  for 
passengers  to  go  between  the  two  cities  in  the  same  time,  if  they  be 
driven  to  a  railroad  route  more  than  ten  miles  from  either  of  the 
cities.  Therefore  the  charge  of  monopoly  is  ftdly  sustained.  It 
was  not  my  design  to  say  anything  upon  this  subject,  and  I  hope 
I  have  not  said  anything  offeusive  to  the  feelings  of  my  Iriends 
from  New  Jersey.  I  have  great  respect  for  that  State  and  for 
her  Senators  on  this  floor;  but  as  citizens  of  the  United  States  do 
complain  of  this  act  of  legislation,  I  can  have  no  hesitation  in  call- 


530 


CALIFORNIA  CLAIMS. 


[Tuesday, 


in"  it  to  the  attention  of  the  appropriate  committee  of  this  boiiy, 
in'order  that  if  any  action  be  necessary,  it  may  be  adopted. 

Mr.  DAYTON. — I  have  but  a  single  word  to  say.  In  my  opin- 
ion we  are  engaged  in  a  debate  with  which  the  Senate  ol  the 
United  States  has  nothing  whatever  to  do,  and  the  Senator 
from  Delaware  knows  that  very  well.  Will  ho,  as  a  lawyer,  as  a 
Senator,  say  that  Conjrress  has  any  thing  in  the  world  to  do  with 
siioli  a  matter?  He  has  carefully  eschewed  saying  any  thing  of  the 
kind.  But  it  was  not  in  reference  to  the  petition  that  ray  associate 
or  myself  desired  to  make  any  remarks,  it  was  to  correct  the 
erroneous  impression  which  might  be  made  that  the  State  of  New 
Jersey  played  the  extortioner.  Against  thnt  impression  our  feel- 
ings revolted,  and  when  there  is  a  i/nasi  authority  given  to  these 
sjatemenls  by  the  allegations  made  directly,  by  the  Senator  from 
Delaware  in  presenting  this  peliiion,  we  deem  it  but  respecttul  tc 
the  Senate  as  well  as  just  to  the  State  which  we  have  the  honor 
to  represent,  to  say  that  the  statement  is  incorrect.  Tlie  Senator 
says  that  we  are  mi.staken  with  respect  to  the  legi-slation  of  Dela- 
ware, and  it  is  verv  likely  to  be  the  case  that  gentlemen  mav  be 
mistaken  when  they  speak  of  the  legislation  ol  States  to  which 
they  du  not  belong.  '  The  "respectable  correspondent"  of  the  Sena- 
tor'lrom  Delaware  speaks  about  being  ''kicked  out  of  the  cars," 
though  he  does  not  say  exactly  if  he  has  been  the  victim.  I 
am  confident  that  he  is  entirely  mistaken  in  reference  to  the  acts 
of  which  the  memorialists  complain,  and  that  their  statements 
with  respect  to  thom  have  just  as  little  foundation  as  that  about 
being  "kicked  out^f  the  cars."  The  State  derives  ten  cents 
for  each  passenge^and  we  exact  the  same  charge  from  our 
own  citizens  that  wc  do  on  the  stranger.  Now  we  know  that  there 
are  public  works  in  Pennsylvania,  and  almost  every  other  State, 
the  stock  and  dividends  of  which  are  taxed  by  the  State,  and  ihe 
same  thins  exists  in  New  Jersey  only  in  another  shape.  The  dif- 
ference between  the  legislation  of  New  Jersey  and  other  States  in 
this  respect  are   only  in  the  form  in  which  the  tax  is  laid. 

Mr.  MILLER.— The  statement  is  that  the  company  receives 
two  millions  per  annum  one-half  of  which  goes  to  the  State.  I 
wish  the  Senator  would  make  that  good. 

Mr.  CLAYTON. — What  I  say  myself  I  always  make  good.  I 
have  made  no  statement  on  my  own  authority  in  respect  to  this 
matter  which  is  not  susceptible  of  proof,  but  1  referred  the  Senate 
to  the  memorial,  and  upon  that  alone  I  relied  for  the  main  facts  in 
the  case,  of  which  I  myself  do  not  know  any  thing. 

Mr.  DAYTON.— I  can  only  say — the  Senator  not  backing  the 
memorial  by  his  own  authority— that  its  contents  are  entirely  in- 
correct from  beginning  to  end. 

Mr.  CLAYTON. — I  cannot  suffer  this  remark  of  the  honorable 
Senator  to  pass.  I  have  not  a  shadow  of  doubt  that  the  great 
leading  .statement  contained  in  the  memorial  is  strictly  true,  viz; 
that  the  State  of  New  Jersey  created  this  monopoly  m  order  to 
prevent  a  rival  corporation  from  entering  into  competition  with  it. 
That  neither  of  the  gentlemen  can  deny.  It  will  not  do,  then,  for 
them  to  say  that  all  tin'  statements  of  tlie  memorial  are  incorrect. 
The  statement  to  which  I  have  just  alluded  is  true,  and  I  believe 
that  the  others  are  true  also.  I  know  very  well  that  the  people  of 
other  States  complain  of  this  as  an  oppressive  monopoly.  There 
cannot  be  so  much  smoke  without  some  fire.  It  is  impossible  that 
there  can  be  so  much  complaint  without  some  just  cause  for  it. 

Mr.  CASS. — If  this  discussion  is  to  continue  I  must  move  to 
lay  the  subject  on  the  table,  in  order  that  the  Senate  proceed  to 
the  consideration  of  the  bill  providing  for  the  settlement  of  the 
California  claims. 

Mr.  CLAYTON. — I  trust  the  gentleman  will  allow  me  to  press 
ray  motion  to  refer  the  memorial? 

Mr.  CASS.— Certainly. 

The  motion  to  refer  the  memorial  to  the  Committee  on  Post 
Offices  and  Post  Roads  was  then  agreed  to. 

CLAIM    OF    THE    CHOCTAW    1ND1.4NS. 

Mr.  ATCHISON,  submitted  the  following  resolution,  which 
was  considered  by  unanimous  consent,  and  agreed  to: 

Ittealved.  That  tlif  Prfjijc-iit  ol'tlie  United  Slates  lie  requested  to  cause  to  be  sent 
ID  llic  S*ennlc,  a  copy  nftlie  opiniou  of  the  .Vtlorney  General,  witli  eopies  ol'  the  ac 
eom|ilinyili|;  lia|ier«i.on  the  elaim  made  by  llie  C'boctaw  Indians  lor  live  thousand 
dollars,  wittl  the  iiitercsl  tlicreoii  tVoin  tlie  date  of  the  transfer,  heiiiy  the  diftereme  be- 
tween the  cost  of  the  stock,  nud  the  par  value  tliereot',  tianslerred  to  Iheni  by  the 
Chickasaws,  under  the  Convention  of  the  17th  January  1^31. 

THE    PUBLIC    PRINTING-. 

Mr.  BADGER  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  : 

fipjo/rfj.  That  the  *'onunittep  on  Pnnting  be  instructed  to  mnuire  into  the  eau^es 
of  the  delay  ill  execiitini;  the  printing  from  time  to  time  ordered  by  the  Senate,  and 
re[)ort  wlial  measures,  if  any.  the  Senate  shouM  adopt  in  respect  thereto. 

ADVERSE    REPORT. 

Mr.  UPHAM,  from  the  Committee  on  Revolutionary  Claims, 
to  whom  was  referred  the  bill  from  the  House  of  Representatives 
for  the  relief  of  the  heirs  and  legal  representatives  of  Rignald  alias 
Nick  Hillary,  reported  it  without  amendment,  and  submitted  an 
adverse  report  on  the  subject ;  which  WBS  ordorcd  to  be  piinted. 


colt's  repeating  pistols. 


Mr.  RUSK,  from  the  Committee  on  Military  AfTairs.  to  whom 
was  referred  the  message  of  the  President  of  the  United  Slates, 
of  the  14th  instant,  relative  to  "Colt's  lepeating  fire-arms,"  sub- 
mitted a  report  accompanied  by   a  joint   resolution,  requiring  the 

I,     _     ... -  1'   iir h £: .1 I        r    /~i..i.'„    .... .;. .    . 


Secretary  of  War 
pistol: 


•| ~j      —    J '  T rs    

purchase    five   thousand  of  Colt's  repeating 


The  joint  resolution  was  read  and  passed  to  the  second  reading. 
Ordered,  That  the  report  be  printed. 


private  bill. 


Mr.  BELL,  liom  the  Committee  on  Indian  Afi'airs,  lo  whom 
was  referred  the  documents  in  relation  to  the  claim  of  William 
Lee,  reported  a  bill  for  his  relief ;  which  was  read  and  passed  to 
the  .second  reading. 


WABASH  AND    ERIE    CANAL. 


Agreeably  to  notice,  Mr.  HANNEGAN  asked  and  obtained 
leave  to  bring  in  a  bilt  entitled  "An  act  in  addition  to  an  act  there- 
in mentioned  ;"  which  was  read  the  first  and  second  times  by 
unanimous  consent,  and  referred  to  the  Committee  on  Public 
Lands. 

recommitt.il. 

Mr.  UNDERWOOD  moved  that  the  bill  from  the  House  of  Re- 
presentatives  for  the  relief  of  David  Myerlc,  be  recommitted  to 
Committee  on  Naval  Affairs. 

C.ILIFOBNIA    CLAIMS. 

Mr.  CASS  moved  that  the  prior  orders  be  postponed,  and  that 
the  Senate  proceed  to  the  consideration  of  the  bill  for  ascertaining 
and  paying  the  California  Claims. 

Mr.  HALE. — I  think  that  common  fairness  and  candor  renuires 
that  the  Senate  should  take  up  my  motion  for  leave  to  introduce 
the  bill  of  which  I  gave  notice  a  few  days  since.  I  have  been  ac- 
cused of  being  an  enemy  to  the  constitution,  and  of  being  "a  high 
way  robber,"  in  bringing  forward  that  bill.  I'he  charge  has  gone 
out  to  the  country,  on  the  wings  of  the  press  all  over  tiie  land,  and 
I  feel  that  it  is  only  just  that  the  Senate  should  vote  upon  the  mo- 
tion. I  do  not  care  in  what  form  the  tjuestion  may  be  put.  All  I 
desire  is  a  vote,  and  I  ask  that  it  be  taken  by  yeas  and  nays. 

The  motion  of  Mr.  Cass  was  agreed  to  upon  a  division— yeas 
25,  nays  9 — and  the  Senate  proceeded  to  consider  the  bill  for  as- 
certaining and  paying  the  Calilornia  Claims. 

The  amendment  reported  from  the  Committee  on  Military  Af- 
fairs, to  whom  the  bill  was  recommitted,  was  read  as  follows  : 

•Strike  out  all  alter  the  word   "delay"  in  section  two,  line  six,  to  the  end  of  the  bill, 
and  insen  the  following  : 

And  no  unascertained  claim  shall  be  paid  until  lirst  examined  by  the  late  comtuan. 
der  of  the  California  battalion.  J.  C.  Fremont,  and  by  the  late  commissary  and  the 
late  paymaster  of  the  battalion.  (Captain  Ileiisiey  and  Major  Reading,  and  allowed 
by  them  or  a  majority  of  them  :  and  payment  of  such  unascertained  clain.s.  as  soon 
as  allowed  and  certified,  shall  be  made  to  the  claimants  in  California  by  some  projier 
disbursing  olficei,  duly  appointed  or  designated  for  that  imipose  ;  and  all  claims  not 
presented  and  allowed  within  one  yenr  and  a  half  from  the  time  of  passing  this  bill 
shall  be  forever  liarred  ;  and  the  com[)eiisalion  of  the  examinin;;  persons  shall  be  ac- 
cording to  that  of  vheir  respective  ranks  in  the  late  ballalion,  and  shall  he  paid  onl  of 
the  appropriation  cuntalned  in  this  bill,  and  shall  make  return  of  their  proceeding  to 
the  tVar  Department.  And  the  men  and  noncommissioned  officers  of^  the  battalion 
shall  be  paid  as  mounted  riflemen,  and  In  full  of  all  claims  for  lost  horses,  for  any 
cause  whatever,  and  in  full  of  all  claims  for  forape,  as  well  as  for  pay,  cloth- 
ing, and  use  and  risk  of  horses,  shall  be  paid  as  follows  :  First  sergeaul,  thirty  five 
dollars  and  Iwenty  five  cents  pet  montii  ;  other  sergeants  and  corporals,  thirty-two 
dollars  and  twenty  five  cents  per  month  ;  musicians,  twenty-seven  dollais  and  iwenty 
live  cents  per  montli  ;  |iri\ales,  twenty-seven  dollars  and  Iwenty  five  cenl3  per  month 

Mr.  MASON.— I  am  unable  to  perceive  that  the  objection  which 
I  presented  to  this  bill,  a  few  days  since,  has  been  in  the  slightest 
decree  obviated  by  the  amendment  which  has  just  been  read. 
Th^e  objection  which  I  urged  was,  that  the  bill  created  offices,  and 
appointed  certain  officers  to  fill  them,  which  was  in  violation  of  the 
constitution.  The  honorable  Senator  from  South  Carolina,  [Mr. 
Butler,]  who,  as  everybody  knows,  is  a  very  able  jurist,  at  once 
took  the  distinction  so  well  known  to  the  common  law,  between 
au  "office,"  and  an  "employment,"  That  was  met  by  the  Senator 
from  North  Carolina,  [Mr.  Badger,]  who  endeavored  to  show 
that  this  mode  of  appomling  officeis  was  sanctioned  by  legislative 
and  judicial  )ire(edents  of  which  he  cited  several  examples. 
Deeming  this  a  matter  of  vital  importance,  inasmuch  as  it  is  of  the 
highest  moment,  that  we  should  not  trench  upon  the  rights  of  the 
Executive,  I  have  taken  some  pains  to  look  into  these  precedents, 
and  into  the  authorities  generally  ;  and  the  result  of  that  investi- 
gation has  satisfied  me  that  the  supposed  precedents  are  alto- 
gether unsatisfactory. 

The  bill  originally  proposed  to  create  a  board  by  name,  eo 
nomine,  consisting  of  Lieut.  Col.  Fremont  and  two  other  officers 
of  a  certain  class.  The  iibjcciion  made  was,  lliat  that  involved 
the  creation  of  an  olfice,  and  by  law  appointed  officers,  with 
the  duty  of  adjudicating  certain  cUiims  against  the  United 
States,  Now,  the  auicndmciit  proposes,  not  to  create  a  board  eo 
nomine;  but  that  the  tiirascertained  claims  shall  not  be  paid  unless 
they  have  been  previously  examined,  and  allowed  by  three  gentle- 
men whose  names  are  given — John  Chas,  Fremont,  Captain  Hen- 
sly,  and  Major  Reading.  The  amendment  farther  provides,  that 
these  gentlemen  who  are  thus  to  cxuinine  these  claims  shall  be 
compensated,  according  to  their  respective   ranks  in  the  late  Cali- 


April  25.] 


CALIFORNIA  CLAIMS. 


531 


ornia  battalion.  What  then  does  the  amendment  provide  ?  Why, 
substantially  the  very  same  thing  which  was  provided  in  the  origi- 
nal bill — that  these  claims  are  to  be  examined,  adjudicated,  and 
determined  upon  evidence  which  shall  be  laid  before  these  Individ. 
uals  ;  and  when  ascertained  by  them  to  be  correct  shall  be  paid, 
without  further  inquiry,  by  a  proper  disbursing  officer,  out  of  the 
public  treasury.  Now,  I  cannot  for  my  life  see  any  shadow  of 
difference  in  the  substance  of  this  thing,  whether  you  call  these 
three  gentlemen,  e.\aminers  of  claims,  or  a  "board"  as  they  were 
styled  in  the  original  bill.  It  is  further  provided  in  the  amend- 
ment, that  all  claims  shall  be  barred,  which  are  not  presented  to 
these  officers  lor  their  examination  within  one  and  a  half  years 
after  the  passage  of  the  bill — thus  during  that  year  and  a  half, 
these  gentlemen  are  to  continue  in  the  employment  of  the  gov- 
ernment, I  say  in  office  under  the  government,  at  a  fixed  rate  of 
compensation,  to  be  paid  them  for  the  discharge  of  the  duties  of 
that  office.  Now,  the  precedents  cited  by  the  gentleman  from 
North  Carolina,  on  a  former  day,  were  as  far  as  I  could  under- 
stand, in  every  instance,  precedents  of  mere  employment,  not  of 
office,  by  which  certain  persons  were  engaged  to  discharge  a  cer- 
tain specified  duty  ;  and  the  employment  was  to  cease  when  that 
duty  had  been  performed.  He  cited  cases  of  artists  employed  to 
paint  pictures,  and  execute  statuary  for  the  decoration  of  this 
Capitol.  I  have  not  now  the  list  of  cases  cited  by  the  gentleman, 
but  I  recollect  that  amongst  them  was  one  in  which  he  conceived, 
that  the  very  case  now  before  us  was  presented.  It  was  the  ease 
of  Mr.  Choteau,  who  was  employed  to  visit  the  Western  Indians, 
and  conduct  a  deputation  from  them  to  the  seat  of  government. 

Now,  sir,  I  find  in  the  horn  book  of  the  law — and  this  is 
purely  a  legal  question — that  Blackstone  thus  defines  the  meaning 
of  the  term  office  : 

"An  oflii-e  is  a  right  to  exert:i;.e  ii  [nihlic  or  private  employment,  ami  to  lake  the 
fees  and  emoluments  thereto  beloneing — \vhether  piibiio,  as  tho«e  of  magistrates — or 
piivate.  !d  baihfTsor  receivers,  and  the  like." 

"Eveiyman  Is  a  pntilic  otiicer,  who  lias  any  duty  eonceming  tlie  public  ;  and  lie  is 
not  Ihe  less  a  public  officer,  when  his  authority  is  not  eoulined  to  narrow  linnts — he- 
cause  it  is  the  dnin.  and  the  ntittire  ofljn  diitij,  which  makes  him  a  public  officer;  and 
not  the  evtent  of  liis  antliority." 

.So  much  for  the  meaning  of  the  term  "office."  Now  to  distin- 
guish between  an  "office''  properly  such,  and  a  mere  "employ- 
ment"— I  will  take  the  honorable  Senator  from  North  Carolina, 
[Mr.  Badger,]  back  to  the  black  letter,  in  the  times  of  Charles 
the  Second,  and  refer  him  to  a  case  dec'ded  in  the  King's  Bench  in 
1658,  reported  in  2d  Lideipin,  page  142,  where  the  Chief  Justice 
Glyn,  thus  strikingly  draws  the  distinction — He  says  : 

"I  hold  in  this  case,  lliat  the  grant  by  the  word  "concessinius,"  to  Sir  John  Gattw 
is  good,  r  consider  that  the  |irecedcHts  cited  are  not  to  the  point  ;  they  not  pertaining 
to  office — but  an  employment — and  that  there  is  more  than  a  vernal  distinction  be- 
tween them," 

"Now  to  explain  my  distiction  between  an  rtSice  and  an  mptoymcnt,  1  hold  that 
althougii  everv  ollice  he  an  employment,  yet  c  atnvcrsn,  every  employment  is  not  an 
othce.  As,  it  I  agree  with  one  to  m.ike  my  hay — or  to  plough  my  land — or  to  herd 
my  tlock  :  those  are  cnipluijtitcnts  and  ditfer  from  Ihe  duties  of  my  manor,  wliich  is 
:tii  o^rr." 

The  difl'crenco  between  a  "duty  continuing"  and  a  duty  which 
ends  when  the  particular  olijpct  is  attained,  is  here  strikingly  drawn. 
In  the  Slate  of  Maine,  I  find  that  there  was  a  decision  of  the 
judges  on  ihis  point  which  I  have  examined  with  some  care,  and 
which  I  think  fully  sustains  the  view  which  I  have  presented. 

It  will  be  found  reported  in  .Sd  Grccnleaf,  page  4S2 — The  ques- 
tion submitted  to  the  Judges  of  the  Supreme  Court  of  that  State, 
by  its  Governor  was,  whether  an  agent  appoin  ted  by  him  for  tlic 
preservation  of  the  timber  on  the  public  lands,  was  to  be  consi- 
dered an  officer,  within  the  meaning  of  the  constitution  of  that 
Stale — and  by  the  unanimous  opinion  of  the  judges,  it  was  decided 
that  he  was  not — then  such  agent  held  no  "office,"  but  merely  an 
"employment,'  under  the  State — the  judges  say  : 

"There  is  a  manifest  dilVerence  between  an  "ottice,"  and  "emnlovment"  under 
the  goveinnjent — we  apprehend  that  tlie  term  "oftice"  imphcs  .1  delegation  of  a  por- 
tion of  the  sovereign  power  to,  and  a  iinssession  of  it  by,  the  person  filling  theoftice." 

I  find  the  same  distinction  taken  in  a  case  decided  by  the  Su- 
premo Court  of  Pennsylvania — "Binns'  case"  reported  in  I7th, 
Sergeant  and  Rawle.  Binns  had  been  appointed  by  Mr.  Clay, 
when  Secretary  of  State,  to  print  certain  public  papers,  &c,,  for 
(hat  department,  being  at  that  time  an  alderman  of  Philadelphia, 
.uid  the  question  was,  whether  this  appointment  by  Mr.  Clay 
made  him  an  officer  of  the  federal  government. 

It  was  decided  by  a  majority  of  the  Court,  that  it  was  a  mere 
employment,  and  not  an  office,  and  the  caso  in  Liderpin  was  re- 
ferred to  for  the  distinr-lion. 

I  apprehend  then  if  there  be  any  foundation  for  this  distinction 
resting  upon  the  authorities  I  have  eiled.  that  it  at  once  disposes 
of  the  whole  class  of  cases  of  "employment"  cited  by  my  honora- 
ble friend  from  North  Carolina.  The  painting  of  pictures — execu- 
tion of  statuary — the  compilation  of  .State  papers,  are  "employ- 
ments" properly  within  the  meaning  of  that  term. 

Then  as  to  Choteans  case,  also  cited  by  the  Senator  from  North 
Carolina.  It  is  found  in  the  law  of  appropriations  for  Indian  annu- 
ities, k.c.  passed  July  7tli,  1,'5,'iS— in  which  amongst  a  long  se- 
ries of  appropriations  is  the  following,  viz  :  $20,000. 

"For  expenses  of  mission  of  A.  P.  Cbotean  amongst  the  wild  tribes  of  the  Sontli 
West,  including  his  onttil.  and  the  ex|ientlitures  growing  ont  of,  and  connected  witli 
bunging  on  deputations  of  v;iid  tribes,  trhrrk  hi  had  bcenintthnvizcil  to  do." 

And  this  is  cited  by  the  honorable  Senator,  as  an  instance  where 
one  by  law  was  clothed  with  an  office,  or  made  an  officer,  as  is 
proposed  by  the  bill  under  consideration. 

Now  I  understand  that  the  intercourse  with  the  Indians  is  a 


matter  purely  pertaining  to  the  Executive.  The  President  is 
the  organ  of  intercourse  with  those  tribes  as  he  is  of  that  with  fo- 
reign nations.  It  is  an  execctive  function  ;  and  when  he  deems  it 
right  and  proper  to  conduct  deputations  from  those  Indian  tribes 
to  the  seat  of  government,  he  can  give  the  necessary  orders  to  that 
effect.  He  reports  the  fact  to  Congress,  and  an  appropriation  is 
made  to  defray  the  expenses.  I  cannot  then  perceive  any  analogy 
between  the  ease  cited  and  that  now  before  the  Senate — Thel-e 
was  another  case  presented  by  the  honorable  Senator  from  North 
Carolina  which  struck  me  with  some  force  at  the  time  and  of 
which  I  have  made  an  attentive  examination.  I  refer  to  the  act 
of  Congress,  September,  1789,  by  which  it  was  enacted. 

"That  the  establishment  contained  in  the  resolve  of  the  late  Congress  of  the  3d 
October  1787,  except  as  to  the  mode  of  appointing  the  otBcers,  and  also  aa  hereinafter 
provided,  be  and  the  same  is  hereby  recognized  to  be  the  establishment  for  the  troopsin 
ihe  service  of  the  United  States." 

The  "resolve  of  the  late  Congress,''  thus  referred  to,  was  a  re- 
solution of  the  old  Congress  under  the  articles  of  confederation, 
and  will  be  found  in  their  journals,  volume  4th,  pages  786 — 7,  in 
these  words  : 

^'Resolved,  That  seven  hniidied  non-conimis:.ioned  olTicer*  and  privates  be  raised 
or  the  term  of  three  years,  unless  sooner  discharged" — 

which  were  to  bo  furnished  in  certain  proportions,  by  certain  states. 

In  1789,  the  federal  government  had  been  organized  under  the 
present  constitution,  and  this  recognition  of  a  levy  of  troops  merely 
hy  a  resolve  of  the  old  Congress  the  Senator  construes  into  a  le- 
gislative appointment,  of  all  the  officers  who  were  to  command 
those  troops.  Surely  the  honorable  Senator  could  not  have  read 
attentively  the  law  which  he  quoted,  or  he  could  not  fail  to  see, 
that  the  point  for  which  he  cited  it,  is  strictly  against  him — the 
law  in  express  terms  excepting  "the  mode  of  appointing  the  offi- 
cers,"  which  was  to  conform  to  the  provisions  ol  the  constitution, 
then  recently  adopted.  So  much,  sir,  for  the  precedents  cited  by 
the  Senator  from  North  Carolina. 

I  now  come  to  the  case  ciedbythe  honorable  Senator  from 
Texas — the  ease  of  the  mail  contractors.  A  resection  or  law 
passed  the  two  Houses  of  Congress,  referring  a  matter  in  dispute 
between  these  contractors  and  the  government,  to  whom  ?  To  an 
officer  of  the  government — the  Solicitor  of  the  Treasury.  Does 
any  one  doubt — has  it  ever  been  doubted  that  the  Congress  of  the 
United  States  have  authority  to  prescribe  new  duties  to 
existing  officers,  provided  these  duties  are  not  inconsistent  with 
the  rights  of  the  officer  for  the  time  being  ?  That  was  all  that 
was  done  in  the  case  in  question.  The  Solicitor  of  the  Treasury 
is  an  officer  of  the  government,  and  the  first  question  before  the 
court  was,  whether  the  Postmaster  General  could  exorcise  any 
discretion  in  carrying  out  this  law  of  Congress — whether  vir- 
tute  officii  he  could  exercise  that  power  ;  and  the  next  question 
was  whether  the  District  Court  of  the  District  of  Columbia  could 
exercise  jurisdiction  in  the  caso  by  writ  of  Mandamus. 

Mr.  RUSK. — AViU  the  Senator  allow  rao  to  ask  a  single  ques- 
tion ?  I  desire  to  ask  if  when  an  act  of  Congress  is  brought  be- 
fore the  Supi-eme  Court,  it  would  not  be  wanting  in  duty,  if  it 
failed  to  inquire  into  the  constitutionality  of  that  act? 

Mr.  MASON.— I  would  answer  the  Senator  by  stating  that, 
whether  the  Supreme  Court  of  the  United  States  would,  or  would 
not  inquire,  into  the  constitutionality  of  the  act,  would  depend  upon 
the  preliminary  inquiry  whether  any  constitutional  question  was 
raised  in  the  caso.  If  there  was  a  constitutional  question  raised 
and  it  were  relevant  to  the  matter  at  issue,  I  take  it  for 
granted  that  the  .Supreine  Court  would  determine  it.  In  the  case 
alluded  to,  the  Senator  relies  upon  a  loose  expression  of  one  of 
the  judges  who  delivered  the  opinion  that  it  was  competent  to 
"Congress  to  devolve  the  duty  upon   that  officer  or  any  body  else. 

Mr.  RUSK. — Three  of  the  judges  made  use  of  that  expres- 
sion. 

Mr,  MASON.— It  is  perfectly  immaterial.  The  honorable  Se- 
nator well  knows,  that  when  you  invoke  a  precedent,  and  rely 
upon  it  as  authority,  you  must  have  a  case,  where  the  point  in 
question  is  directly  adjudged.  These  loose  dicta  of  the  judges  if 
relied  upon  as  precedents,  and  more  especially  in  constitutional 
questions,  will  lead  us  heaven  knows  where. 

There  was  another  case  cited  by  the  Senator  from  North  Caro- 
lina, in  which  certain  duties  were  devolved  upon  the  judcres.  The 
court  considered  the  act,  and  decided  that  it  was  perfectly  com- 
petent to  the  legislative  branch  to  accumulate  any  duties  they 
thought  proper  upon  the  existing  officers  of  the  government.  Tcr 
prescribe  new  duties  to  the  judiciary,  although  it  were  a  coequal 
department  of  the  government,  provided  the  duties  prescribed  were 
of  a  judicial  character.  But  in  the  case  cited  the  court  decided, 
and  as  I  apprehend,  correctly,  that  the  duties  prescribed  by  the 
act  were  not  judicial.  When  they  had  so  decided,  they  had  done 
all  that  judicially  came  before  them.  What  then?  They  deter- 
mined as  benevolent  and  patriotic  men,  that  although  they  were 
not  bound  by  law  to  discharge  these  duties,  yet  that  they  would 
for  the  purpose  of  carrying  out  the  benevolent  designs  of  the  law 
makers  ;  and  they  say  farther  in  this  recital,  that  the  duties  would 
he  discharged  by  them  gratuitously.  Having  first  protested  against 
any  right  on  the  part  of  the  legislature  to  impo.se  such  duties  upon 
them,  they  say  that  they  will  act  as  commissioners  in  order  (o 
carry  out  the  views  of  Congress.  I  apprehend  that  this  case  docs 
not  present  any  authority  for  the  position  taken  by  the  honorable 
Senator  from  North  Carolina.     Stjrely  he  cannot  mean  to   affirm 


532 


CALIFORNIA  CLAIMS. 


[Tuesday, 


that  this  is  a  judicial  exposition  of  the  right  of  Congress  to  create 
an  officer. 

But,  sir,  on  this  whole  subject  of  precedent,  1  enter  a  protest. 
I  am  free  to  admit  that  the  opinions  of  judges  and  Senators  with 
respect  to  the  constitution  have  great  weight,  but  no  authority. 
I  deny  that  the  preoedonis  cited  are  to  be  regarded  as  authorita- 
tive in  this  ease.  I  hold  it  to  be  as  much  th  i  duty  of  the  Senate 
to  respect  the  rights  of  the  Executive  as  it  is  to  take  care  that 
the  Executive  does  not  trench  u|)on  their's.  .f  it  is  true  that  this 
is  an  office,  properly  such,  within  the  meanint;  of  the  constitution, 
it  is  our  duty  to  avoid  doing  violence  to  that  constitution,  and  in- 
terfering with  a  power  that  does  not  belong  to  us — the  power  of 
appoinlment  to  office. 

We  are  to  Inquire  from  the  nature  and  extent  of  the  duties  to 
be  imposed  in  this  case,  whether  they  come  within  the  legal  mean- 
ing of  the  term ''office."  Nothing  is  changed  in  the  amendment 
but  the  language  of  the  bill.  Precisely  the  same  trust  is  expres- 
sed. Duties  to  the  same  e.xlent  are  devolved.  The  same  amount 
of  money  is  to  be  passed  upon  and  adjudicated — to  be  disbursed  in 
fact,  by  llie  persons  named,  tiiough  they  arc  rot  to  pay  it  out  with 
their  own  hands.  They  are  to  be  compensated  for  the  discharge  of 
those  duties.  They  are  to  continue  in  office,  if  necessary,  for 
eighteen  months.  What  are  their  duties  ?  Why,  to  pass  upon  a 
series  of  unliquidated  claims,  the  character  of  which  are  nnknown 
to  us — in  the  territory  of  California,  some  three  thousand  miles 
distant — and  their  adjudication  is  to  be  final,  because,  upon  a  deci- 
sion of  the  majority  ol  these  gentleineu  tlic  money  is  to  be  jiaid. 
If  this  be  not  an  office  within  the  definition  of  the  Maine  judges 
I  do  not  know  what  is.  The  expenditure  of  such  a  large  sura  of 
money  on  account  of  claims  assumed  c.c  gratia,  by  this  country  is  a 
crave  afl'air.  It  should  be  entrusted  to  a  board  of  officers  appointed 
m  the  manner  prescribed  by  the  constitution.  All  the  safeguards 
which  the  constitution  has  thrown  around  the  public  treasury,  should 
be  respected  in  this  instance.  Certainly,  1  cannot  be  supposed  to 
imply  any  distrust  of  the  gentlemen  named  in  the  bill,  not  one  of 
■whom  have  J  the  pleasure  of  knowing  at  all.  When  I  speak  of 
safeguards,  Wnean  those  legislative  safeguards  provided  by  the 
constitution  and  the  lawo,  and  which  are  always  regarded  when 
expenditure  of  public  money  is  involved. 

If  the  Senate  reject  the  amendment  reported  by  the  committee, 
I  shall  offer  one  with  the  view  of  creating  this  board  in  the  usual 
manner  giving  the  power  necessary  to  adjudicate  these  claims, 
and  placing  the  appointment  of  the  members  of  the  board,  where 
I  contend  the  constitution  has  placed  it,  in  the  hands  of  the  Pre- 
sident and  Senate. 

Mr.  BADGER  replied,  enforcing  the  argument  which  he  had 
presented  in  favor  of  tlie  measure  before  the  Senate,  and  rebutting 
the  objections  urged  by  the  Senator  from  Virginia. 

Mr.  BENTON  ro.se  and  said:  The  amendment  reported  by  the 
committee  proceeds  upon  the  principle  that  the  claims  in  Califor- 
nia heretofore  ascertained  and  allowed  by  the  officers  under  whom 
they  originated  shall  be  forthwith  paid,  and  those  not  ascertained 
shall  not  be  paid  until  examined  and  allowed  by  the  same  officers. 
Mr.  Fremont  and  his  staff' officers  allowed  those  which  are  ascer- 
tained; the  same  officers,  by  the  amendment,  are  to  allow  the  re- 
mainder before  they  can  be  paid.  This  is  the  principle  of  the 
amendment.  It  appoints  nobody  to  do  any  tiling;  it  only  names 
the  persons  without  whose  examination  and  allowance  the  unad- 
justed claims  shall  not  be  paid.  They  were  olTicers  of  the  bat- 
talion under  whom  the  claims  originated  and  were  settled,  as  far 
as  that  has  been  done,  and  whose  legal  capacity  to  pass  upon  the 
claims  is  revived  and  continued,  if  the  government  chooses  to  have 
the  claims  examined  before  they  are  paid,  or  chooses  to  save  the 
parties  from  coming  i'rom  California  to  Washington  to  solicit  pay- 
ment individually  from  Congress.  That  they  are  the  proper  per- " 
sons  to  allow  or  reject  these  claims,  and  the  only  ones  who  can  do 
it  with  justice  to  the  United  States  and  to  the  claimants,  is  mani- 
fested from  the  depositions,  where  their  knowledge  of  the  whole 
subject  is  fully  shown.  Capt.  Hensley  was  commissary  and  quar- 
termaster; Major  Reading  was  paymaster.  Both  were  cognizant 
of  the  claims,  one  in  doing  the  acts  which  originated  them;  the 
other  in  settling  them,  as  far  as  he  could.  The  deposition  of  Capt. 
Hensley,  (a  gentleman  of  character  and  intelligence,  with  whom 
the  committee  became  well  aciiuaintcd,)  establishes  this  fact,  and 
shows  that  he  and  Major  Reading,  from  their  respective  positions 
in  the  battalion,  were  best  acipiaintcd  with  the  claims,  and  were 
called  by  their  offices  to  make  an  estimate  of  their  amount  before 
ho  left  California.  iVt  page  ;!7  of  the  document  of  depositions,  he 
testifies  thus,  in  answer  to  a  (jucstion  from  the  committee: 

"  As  you  were  coDimissary  and  quaUemiast^T,  and  lliereforp  intinialpiy  afquaiiitcd 
with  thfKupplies  obtained  bytlit'lroopM.  and  witti  tbepcniTalfxiienschoI'liie  wliolcfon- 
qneet  of  t'alilVirria  front  ttit-  bi'sinnin;;.  under  lire  Ilai;  of  independence  in  lire  nortii. 
to  the  eupiiression  of  lire  in>nrreelion  al  Lo*  Anu'eles  in  tlie  souUi,  yon  ean  form  aii 
opinion  of^tlic  wliole  sum  wliieh  llie  just  claims  upon  tlie  United  States  would  utuouiit 
to.    Will  you  state  tliat  amonnt.' 

"  .^njicer.— Previous  to  leaving  tlie  eily  of  Angeles  Major  Reading,  acling  as  pay 
ma*ter.  anrt  myself,  made  an  estimale  of  Uio  anionnl  due  in  that  country.  From  tlie 
lest  inforinalion  vvhidi  we  eoiild  obtain,  we  made  the  total  amount  seven  hundred 
thousand  dollar*.  .Major  Readin;;  was  0|)erating  iu  the  north  with  Col.  rremonl,  and 
myself  with  Com.  Stockton  in  the  south." 

From  this  answer  of  Capt,  Hensley  to  the  committee's  question 
as  well  as  from  the  tenor  of  other  depositions,  and  the  very  natnro 
■  of  their  places  in  the  battalion,  it  is  e^ear  that  he  and  Major  Read- 
ing are  the  proper  persons  to  bo  associated  with  INIr.  Fiemont  in 
allowing  or  rejecting  tho.se  claims.  They  know  everv  transaction, 
and  cannot  bo  deceived.    They  know  every  ciainiant  and  can. 


not  be  imposed  upon.  They  know  the  true  from  the  false  in 
every  instance,  both  of  men  and  transactions.  They  can  do  jus- 
tice, and  that  upon  their  own  knowledge.  Their  own  characters 
are  concerned  in  rejecting  false  accounts,  and  preventing  their 
names  and  acts  from  being  made  the  means  of  imposition  upon  the 
United  States.  ' 

At  pages  35  and  36  of  the  document,  Capt  Hensley  shows  that 
all  supplies  were  scarce  and  dear,  and  the  dearer  because  neces- 
sarily obtained  without  money,  there  being  none  furnished  by  the 
United  States.     Ho  says: 

"  Aljet  the  city  of  Angels  was  laken  by  the  I'niled  Slates  forces,  ('apt.  Gillespie 
was  left  in  command,  and  J  acted  as  a.sLislant  ijuartermaster  to  the  troops  stationed 
there.  After  the  insurrection  broke  out  in  September,  184G.  provisions  and  supjdiei 
of  all  kimis  ronid  only  be  obtained  at  the  most  e.\lravaoant  juices,  the  whole  surround 
iiig  counfry  being  in  the  hands  of  the  enemy," 

And  he  gives  a  statement  of  prices  fully  sustaining  this  decla- 
ration: 

"  Horses  and  nniles,  from  $.J.^,  ir,  .'e;j,'i 

Saddles,  complete,  from  ;i()  lo    ^0 

Bridles  -  .  c,  t„     m 

Spurs  -  -  .  -  i;  10     in 

Rotas  -1  lo      .1 

Rifles,  from  ,*.iii  \„  §101).  verv  scarce 

Powder  -  .<-J  per  pound 

t-ead  -  -  ;{7  t-o  cents  |,er  pound 

Percussion  caps  -  sill  per  thousand 

Veef  cattle   -  -  ;S,-i  lo  $10  per  liearl 

i^'lour  .'^n)  per  hundred  pounds 

^ugar  -  s:t7  10  S5<)    per   hundred    lbs. 

t'oftee  -  .^",0  per  huniircd  pounds." 

At  such  prices  as  these,  except  for  the  horses  and  cattle,  which 
are  below  the  price  of  the  same  m  the  United  States,  and  without 
money  to  pay  down,  amounts  soon  run  up  high  ;  but  still  small  for 
the  great  results  produced  in  conquering  the  country,  and  pacify- 
ing it,  before  the  United  States  troops  arrived. 

A  great  error  prevails  in  the  minds  of  some  Senators  as  to  the 
authority  for  incurring  these  claims.  The  Senator  from  Virginia 
I  Mr.  Mason]  classes  them  all  as  unauthorized.  It  is  a  great  mis- 
take. The  claims  arising  from  unauthorized  operations  limit  thein- 
.selves  to  about  thirty  days  of  lime,  and  to  the  expen.ses  of  a  force 
of  less  than  three  hundred  men.  They  limit  themselves  to  the  op- 
erations under  the  flag  of  indepcndence^fiom  the  first  week  in 
June  to  the  10th  of  July — when  the  fiag  of  independence  was  aban- 
doned, that  of  the  United  Stales  adopted,  and  the  battalion  went 
into  service  with  the  navy.  From  this  time  forth  all  expenses  were 
duly  authorized,  the  naval  commanders  acting  under  special  orders 
Irom  the  President  to  conquer,  retain,  and  govern  California. — 
These  orders  began  in  October,  181,5,  in  anticipation  of  the  war, 
and  were  continued  by  successive  orders  of  the  most  urgent  kind. 
Those  of  July  12,  iS-lfi,  though  they  did  not  arrive  until  opera- 
tions were  over,  were  issued  in  the  very  time  that  Mr.  Fremont 
was  in  the  act  of  joining  the  n.tval  forces,  and  show  what  the  in- 
tention of  the  government  was  at  that  time.  They  were  address- 
ed to  Commodore  Sloat.  and  said  : 

"  J'rcriiiits  iiislmctions  have  informed  yon  of  the  iustruclions  of  this  government. 

pending  the  war  with  Mexico,  to  take  and  hold  possession  of  California 

The_obip(.lof  the  tTnilcl  State.,  i^,  under  its  rights  as  a  h,  lligerent  nation,  yo  possess 

itself  entirely  of  Upper  California Tire  objet^l  of  the  ITnited  States  ha« 

reference  to  ultiviatc  /»fr/i-c  with  Mexico;  and  if,  nf.  t/iaf /lencc,  the  basis  of  the  utt 
jwssidclis  shall  be  e-slablished.  the  government  expects  thruuirh  yonr  forcps  to  be 

found  in  actual  passrssien  of  Upjrer  California This  will  i>ring  with  it 

the  necessity  of  a  civil  admiiHstratitm.  Such  a  government  should  be  established  un- 
der your  protection." 

These  instructions  are  positive  iu  themselves,  and  refer  to  pre- 
vious instructions.  They  correspond  with  all  the  previous  orders 
to  the  navy.  That  branch  of  the  public  force  was  charged  in  ad- 
vance, anci  in  anticipation  of  the  war,  with  the  conquest  of  Cali- 
fornia whenever  war  broke  out.  They  were  to  conquer  the  coun- 
try :  they  were  to  hold  possession  iif  it  till  peace  ;  and  they  were 
to  establish  a  civil  government  for  its  temporary  atlministration. — 
The  naval  commanders  were  to  do  this,  and  did  do  it.  Commo- 
dore Stockton  took  command  in  July,  immediately  after  Mr.  Fre- 
mont came  to  Monterey,  and  under  his  orders  all  subsequent  mili- 
tary operations  were  carried  on,  and  the  civil  government  estali- 
lished,  the  expenses  of  which  now  remain  to  be  paid.  Commodore 
Stockton  received  the  thanks  of  the  government  for  prosceutinc 
the  conquest  of  California  ;  Commodore  Sloat  was  censured  and 
recalled  for  not  doing  it  ;  and  Mr.  Fremont  and  his  battalion  were 
a  part  of  Stockton's  forces,  and  acted  under  orders  from  him. 

Th(!  very  day  this  letter  of  the  12th  of  July  was  written  at 
Washington,  Mr.  Fremont  was  on  his  way  to  Monterey,  to  aiil 
Commodore  Sloat  to  do  the  very  thing  which  these  reiterated  in. 
structions  required  him  to  do.  He  was  fulfilling,  to  the  letter  on 
that  day,  the  orders  which  were  emanating  from  Washinixton.  Al 
the  distance  of  3,000  miles,  and  without  orders,  ho  was  doing  what 
the  government  wished  ilone,  and  what  the  naval  commanders 
could  not  have  done  without  a  land  force. 

The  letter  of  recall  to  Commodore  Sloat,  dated  August  13, 
184t),  shows  not  only  that  the  naval  commanders  T.cre  revuired  to 
conquer,  retain,  and  govern  California,  hut  that  they  would  be 
censured  and  supereedcl  for  not  doing  it.  Here  is  that  ortier,  da- 
ted, as  I  have  said,  on  August  13,  1846 — by  a  strange  coincidence 
the  very  day  that  Stockton  and  Fremont  were  entering  the  eilv  of 
the  Angels,  and  putting  the  finishing  hand  to  the  eoniiuestof  Cali- 
fornia.    Hear  it: 

U.S.  NiVY  DEPARTiMKNT,  Washington,  August  13,  184B. 

Commodore;  The  Department  has  received  vour  letter.  No.  5],  <if  Juno  G,   from 

which  it  aiipcnni  that,  while  yon  were  aware  of  the  existence  'of  nctmit  tear'  between 

the  Unileil  States  and  Mexii:o,  von  remained  in  a   state  of  iVuc/il'iti/,  and   did    not 

carry  out  the  instructions  of  Juno  34,  1815,  framed  to  bo  cwculeil  even  in  the  event  of 


April  25.] 


CALIFORNIA  CLAIMS. 


533 


the  mere  declaration  of  war,  moch  more  in  the  event  of  actual  bostihties.     Those  in- 
■tnicfions  you  were  ordered  to  carry  ont  "at  ortcf.^ 

In  my  letter  of  August  5,  1S45,  the  receipt  of  which  yon  acknowledged  on  the 
28th  January.  1846.  reterriog  to  them.  I  said:  'In  the  even!  o/ war  yoa  wili  ol)ey  the 
instructions  recently  addressed  to  you  \ia  P_anama.'  1  my  letter  of  October  17.  1845. 
of  wliich  you  acknowledge  the  receipt  on  the  17th  of  March,  1't46.  referring  to  these 
instructions  once  more,  I  said  further;  'In  the  event  of  actual  hostilities  between  the 
Mexicm  government  .and  oui  own.  you  will  so  dispose  of  your  whole  force  as  to  carry 
out  most  effectually  the  objects  specilied  in  the  instructions  forwarded  to  you  from  the 
Department,  in  view  ofsnch  a  contingency.'  And  surely  there  is  no  ambiguity  in  this 
language. 

And  in  my  letter  of  the2!ld  of  February  last,  sent  through  Mexico,  I  remarked; — 
'This  letter  is  sent  to  you  overland,  enclosed,  as  you  suggest,  lo  Messrs.  Mott.  Talhot 
&  Co..  Mazatlan.  and  you  will  readily  understand  the  reserve  with  which  it  is 
svritten. 

The  Department,  on  August  ,5.  I.'^4.'>.  had  also  (old  you  'that  your  force  should  not 
be  weakened,  wliilp  hostilities  are  threatened  by  Mexico.'  Your  course  was  particu- 
larly approved  in  detaming  the  frigate  Constitution. 

The  Department  will  hope  that  a  more  urgent  necessity  than  as  vet  appears,  existed 
for  the  otherwise  premature  return  of  that  vessel. 

The  Department  willingly  believes  in  the  purity  of  yoor  intentions.  But  yovr 
nnzifty  not  to  do  wrojtff  has  Udynu  into  a  moat  tinfortimnte  and  uuicarrnntabtc  in- 
activity. Very  respectfully,  yours. 

GEORGE  BANCROFT. 

Commodore  JoiiH  P.  Sr.nAT. 
Comoiaudiug  U.  S.  naval  forcei  in  the  Pacific  Ocean, 

This  is  the  letter  recall  uf  Commodore  Sloat;  recallinj;  liiin 
for  inactivity;  lor  delay  in  comtneneinff  hostilities;  for  his  nnlbrtii- 
nate  an.xiety  not  to  do  wrong.  It  is  full  proof,  not  only  of  authority 
lo  act,  but  of  blatne  for  not  acting.  Commodore  Sfockton  suc- 
<'eeded  Commodore  Sloat.  He  acted,  and  Fremont  with  him:  and 
the  mass  of  these  claims — the  whole,  except  the  insignificant 
amount  accruing  during  the  first  thirty  days,  under  the  flag  of  in- 
dependence, arose  under  the  command  of  Commodore  Slockton, 
and  were  doubly  authorized,  both  by  his  position  as  commander  on 
the  California  station,  by  the  reiterated  orders  to  the  naval  com- 
manders, and  by  the  express  approbation  of  his  conduct  since  he 
returned  home. 

The  operations  without  authority  limit  themselves,  then,  to 
about  thirty  days  of  time  at  the  cominenceiTirnt,  and  will  not  le- 
quire  forty  thousand  dollars  to  pay  them;  and  for  that  sum  the 
United  States  received  mote  than  the  amount  at  the  time,  in 
horses,  cattle,  cannon,  and  mu$kets,  taken  from  the  enemy,  and 
delivered  to  the  United  States,  or  used  in  her  service.  Eighteen 
brass  cannon,  two  hundred  and  fifty  stand  of  muskols,  four  or  five 
hundred  cattle,  and  nearly  double  as  many  horses,  taken  under  the 
independent  flag,  went  to  the  United  States.  These  materials  of 
war  went  to  the  United  States,  and  ■n'cre  worth  full  fifty  thousand 
dollars  in  money.  Tlie  United  States  received,  then,  in  materials 
of  war,  more  than  it  is  asked  to  pay  for  these  uiiauthonzed  opera- 
tions. She  received  horses,  cattle,  cannon,  and  muskets  to 
more  than  the  value;  and  we  are  ready  to  put  a  proviso  to  (he  bill 
limiting  the  amount  to  be  paid  for  these  operations  to  a  less  sum  tlian 
the  value  of  the  articles  actually  received.  But  this  v\-0Hld  be  but 
a  poor  way  of  settling  the  account.  The  United  States  received 
all  the  fruits  of  the  revolutionary  movement  :  she  received  all  the 
benefits  of  the  movement  ;  and  these  benefits  were  of  a  kind  not 
to  be  weighed  or  measured  against  money.  She  received  all  the 
northern  half  of  California,  conquered  to  her  hand,  before  the  na- 
val forces  began  to  act  ;  and  this  half  so  received  by  her  has  re- 
mained tranquil  in  her  hands  ever  since.  It  broke  tip  the  juntas 
lor  transferring  the  country  to  the  protection  of  Great  Britain, 
and  stopped  the  grants  anJ  sales  of  the  public  duiuain  to  British 
subjects,  and  arrested  the  proceedings  in  the  Macnamara  grant  of 
three  thousand  square  leagus  liefore  the  grant  was  complete,  and 
all  the  original  papers  of  which  have  been  brought  to  tlie  United 
Slates.  It  induced  Commodore  Sloat  to  change  his  mind  after  he 
had  been  five  days  at  iVIonterey,  an^ decided  him  to  take  posses- 
sion of  the  place,  thus  anticipating  the  arriv.al  of  the  Britisli  ad- 
miral by  a  few  days,  and  convertins  his  arrival  into  benefit  instead 
of  harm.  For  when  he  did  arrive,  finding  the  place  in  possession 
of  the  Unitad  States,  he  saw  that  his  mission  ■was  at  an  end,  and 
went  ofl'  as  suddenly  and  mysteriously  as  he  came,  abandoninir 
California  to  its  new  masters,  and  putting  an  end  to  all  hope  of 
British  protection.  Finally,  it  saved  the  American  settlers  from 
destruction,  gave  a  body  of  organized  and  victorious  land  forces  to 
the  United  States  to  act  with  the  navy,  and  presented  to  the  view 
of  the  British  admiral  that  camp  of  mounted  riflemen  which  had 
such  a  discouraging  efl'ect  upon  his  luind  and  such  an  encouraging 
one  upon  the  minds  of  the  naval  forces. 

These  were  the  benefits  received  by  the  United  Stales  from  the 
movement  under  the  independent  flag.  They  are  above  piicc,  and 
beyond  dispute.  The  historical  depositions  taken  by  the  commit- 
tee prove  every  thing,  and  the  dispatch  of  Conimodoie  Sloat  to 
the  Secretary  of  the  Navy,  of  July  31,  lS4(i,  coincides  ■n-ith  -the 
sworn  testimony  in  showing. the  happy  elTccts  all  this  had  upon  the 
British  admiral's  visit,  converting  it  into  a  benefit  instead  of  a  mis- 
chief.    He  says  : 

"On  the  lljth  the  British  admiral.  Sir  George  F.  Sevmour.  arrived  in  the  Colling 
wood.  80.  An  officer  was  immediately  sent  to  tender' him  the  usual  couitesies  ami 
the  facilities  of  the  port.  He  was  subsequently  furnished  with  a  set  of  topgallant- 
mmts  and  other  spars  for  his  ship,  and  lailed  on  tlieiSd  for  the  Sandwich  Islands. 


"The  visit  of  the  admiral  was  very  serviceable  to  our  (^Qse  in  California,  as  the  m 
habitants  f^Uhj  bdjn-ed  he  xcoutd  take  part  with  them,  and  that  we  would  be  obh^ed 
to  abandon  aur  conquest ,  but  vhen  thry  saw  the  friendly  intercourse  suhsiatin^  be- 
tween us,  and  found  that  he  could  not  interfere  in  thetr  behalf,  they  abandoned  alt 
hope  of  ever  seeing  the  Jlezican  fta^^  Jtymff  m  California  ai^ain." 

Thus  the  British  admiral  disappointed  the  expectations  of  the 
British  larty  in  California.  He  came,  as  they  expected,  but 
when  he  came  he  did  nothing.  He  did  not  interfere  in  their  be- 
half ;  he  behaved  friendly.  Ho  went  o6r  in  a  few  days,  carrying 
with  him  the  emissary  Macnamara,  and  on  his  dejiarture  the  in- 
habitants lost  all  hope  of  ever  seeing  the  Mexican  flag  again  fly- 
ing in  California.  Thus  -n-as  California  saved  from  passing,  like 
iJie  Musquito  coast,  and  so  many  other  places,  under  British  pro- 
tection. California  was  saved  !  And  how  came  jt  to  be  saved  ? 
Because  Mr.  Fremont,  his  topographical  corps,  and  tlie  settlers 
bad  overturned  the  Mexican  authority  before  he  arrived — had  ex- 
tinguished the  British  party — had  induced  Commodore  Sloat  to 
take  possession  of  Monterey,  and  he  himself,  with  his  battalion, 
had  come  down  to  the  coast  to  second  the  operations  of  the  navy. 
This  saved  Californir..  All  the  depositions  attribute  these  results 
to  Mr.  Fremont's  movement  ;  and  his  coming  down  to  Monterey 
lo  join  the  naval  Ibrccs  was  the  crowning  act  of  his  whole  con- 
duct. It  was  decisive  upon  the  minds  of  both  British  and  Ameri- 
cans. It  showed  a  land  force,  already  victorious  over  the  Mexi- 
can authorities,  ready  to  act  with  the  navy.  A  camp  of  mounted 
riflemen  suddenly  appearing,  and  as  if  by  magic,  was  an  impressive 
sight  both  to  British  and  Americans.  It  discouraged  one  as  much 
as  it  encouraged  the  other,  and  asstued  the  conquest  of  all  the  re- 
maining part  of  California.  Lieut.  Minor,  of  the  navy,  then  in 
Commodore  Sloat's  squadron,  has  well  testified  lo  all  this.  He 
says  : 

"The  undersigned  was  on  duty  on  shore  when  Captain  Fiemont  arrived  with  his 
force  at  Monterey  fiom  the  nortli.  The  nndeisigned  believes  that  the  appearance  of 
this  body  of  men.  and  the  well  known  chaiacler  of  its  commander,  not  only  made  a 
strong  impression  upon  the  Biitisii  .Admiral  and  officers,  but  an  e(|ually  impressive  and 
more  happy  one  upon  those  of  the  Ainertc-in  navy  then  in  Monterey.  ,For  himself, 
the  undersigned  cm  say.  that,  after  lie  li.nd  seen  Captain  Fremont's  command,  all  his 
doiihts  regarding  the  conquest  of  California  were  removed." 

Such  is  the  testimony  borne  by  Lieut.  Minor  tt^the  decisive  ef- 
fect which  the  appearance  of  Fremont's  riflemen  made  upon  the 
minds  of  both  British  and  Americans  at  that  time.  It  was  cer- 
tainly a  strange  and  impressive  spectacle  to  see  a  body  of  Ameri- 
can riflemen  at  such  a  place,  and  at  such  a  time — three  thousand 
miles  from  home — on  the  coast  of  the  Pacific^already  victorious 
over  the  Mexican  aullioritics,  and  ready  to  co-ojierate  with  the 
naval  forces  in  repul.-ins  British  inlcrfercnce,  and  in  pursuing  the 
conquest  of  California  to  its  conclusion.  Immediately  after  lliey 
went  to  sea  under  Commodore  Stockton — sailed  live  hundred  miles 
down  the  coast,  and  disembarked  for  new  services  on  land.  But  I 
forbear.  The  object  of  these  lew  remarks  was  to  show,  not  the 
services  of  the  California  battalion  in  the  whole  war.  but  only  for 
the  first  thirty  days,  while  acting  under  the  flag  of  independence, 
without  a  knowledge  of  the  Mexican  war,  and  without  orders 
from  the  governiTicnt.  I  mean  only  to  show  the  value  of  these  Ser- 
vices, and  that  all  their  fruits  went  to  the  United  States  ;  and  that 
the  amount  lo  be  paid  for  these 'services  under  this  bill  will  be  less 
than  the  value  of  the  horses,  cattle,  arms,  and  cannon  delivered  to 
the  LTnited  States',  to  say  nothing  of  benefits  of  a  different  kind, 
above  price  and  above  etilculalioii. 

The  bill  and  the  amendment  reported  by  the  commitlce  are 
drawn  with  the  view  to  settle  up  and  to  close  up  forever  this  busi- 
ness of  the  California  claims.  It  is  obvious  what  a  tuine  of  fraud 
they  must  become  if  not  settled  up  and  closed  up  quickly  and  forever. 
For  this  purpose  the  claims  are  to  be  examined  on  the  spot  where 
they  occurred  before  they  arc  allowed.  They  arc  to  be  examined 
by  "those  who  know  the  truth  and  justice  of  every  transaction — 
able  to  detect  at  once  all  false  or  exaggerated  claims — and  barring 
forever  all  that  are  not  presented  and  allowed  ■wiihin  the  limited 
time.  It  also  closes  up  another  souice  of  fruitful  and  aliaost  per- 
petual claims — tliaf  of  claims  for  lost  horses.  This  is  a  most  ex- 
pensive incident  of  tiic  moiinled  service — great  in  itself,  and  great 
in  its  I'ontinunncc.  and  hard  to  be  brought  to  a  close.  This  amend- 
ment, if,  .adopted,  will  ]ircvciit  all  such  claims  from  coming  up  from 
California.  It  will  close  them  all  up  at  the  start.  Il  luakes  an 
allowance  for  forage,  at  the  rale  of  twelve  and  a  half  cents  a  day, 
in  addition  to  the  forty  cents  a  dtiy  for  the  use  and  risk  of  the 
horse — an  allowance  justly  made,  as  no  foraae  was  ever  furnished 
the  California  battalion  by  the  United  States,  and  the  horses  were 
subsisted  upon  grass  while  watched  and  guarded  bv  the  men.  The 
■«'hole  comjiensation  is  made  into  a  gross  sum,  (consisting  of  the 
items  of  pay,  clothing,  use  and  risk  of  horse,  and  forage.)  and  of- 
fered in  full  of  all  demands  for  horses  lost  for  any  cause,  or  by  any 
means  whatever.  It  would  doubtless  be  advantageous  to  the  Uni- 
ted States  to  settle  with  all  their  mounted  foi-ces  on  the  same 
terms. 

On  motion, 

The  Senate  adjourned. 


534 


THE  OFFICIAL  REPORTS. 


[Wednesday, 


WEDNESDAY,  APRIL  26,  1848 


PETITIONS. 

Mr.  PEARCE  presented  the  petition  of  Ann  JefTers,  widow  of 
a  revolutionary  soldier,  praying  a  pension  ;  which  was  referred  to 
the  Committee  on  Pensions. 

Mr.  WESTCOTT  presented  the  petition  of  Major  William 
Bayley,  praying  to  be  discharged  from  liability  for  certain  pulilic 
property  which  has  been  applied  to  the  service  of  the  public;  which 
was  referred  to  the  Committee  on  Military  Affairs. 

On  motion  by  Mr.  PEARCE,  it  was 

Ordered,  That  the  petition  of  Littleton  D.  Teackle,  on  the  hies 
of  the  Senate,  be  referred  to  the  Committee  on  Claims. 

PORTB.AIT  UK  GENERAL  TAYLOR. 

Mr.  BADGER  submitted  the  following  resolution  for cimsidera- 
tlon: 

Restilvrd,  That  Itie  ComniittfP  nii  the  Lilnary  I'k  iii-lnicteil  io  [nircli.nse  llie  ftill 
length  original  [njrtratt  ot'Geni'ral  Zarhary  Taylor,  painted  by  William  *I.  Brown,  of 
Ricl(iijon3.  if  tlie  same  can  he  ohtalTie'l  at  a  price  deemed  bv  the  eommittee  to  he 
reasonahle. 

Mr.  BADGER  asked  for  the  imniedialc  consideration  of  the  re- 
solution ,  but,  olijcrtion  being  made,  it  lies  over  one  dtiy  under  the 
rule. 

NOTICE    OK    A    BILL. 

Mr.  BRIGHT'gnve  notice  that  on  to-morrow,  nr  some  early 
day  thereafter,  he  will  ask  leave  to  introduce  a  bill  to  make  Madi- 
son, in  the  State  of  Indiana,  a  port  of  entry. 

PROCEEDINGS  AND  DEBATES  OF  THE  SENATE. 

The  Senate  proceeded  to  consider  the  following  resolution,  sub- 
mitted on  tbn  24th  instant  by  Mr.  Bell  : 

llrsitlocii.  That  the  Repoiler  of  the  Senale  he  direetetl  to  sn|)|ily  each  inemher  of 
the  House  of  Repreientatnos  with  a  eopy  of  his  report  of  Itie  proceedings  and  de- 
bates of  the  I'nited  Slates  Senate  for  tlie  present  iL'onsress  ;  the  expense  to  be  paid 
ont.  of  the  conljngent  fund  of  the  Senate. 

Mr.  BELL. — I  do  not  know  that  it  is  necessary  to  say  anything 
more  in  addition  to  the  remark  I  made  npon  introducing  this  reso- 
lution, that  I  consider  it  but  a  suitable  courtesy  to  be  shown  by 
us  towards  the  House  of  Representatives.  It  may  bo  proper  to 
state,  however,  lest  gentlemen  mav  suppose  that  the  sugirestion 
came  from  the  Rcfiorlcr  of  the  Senate,  that  I  hud  no  coiiimuniea- 
tioii  with  tliat  gentleman  on  the  subject,  further  than  to  impure 
of  him  whether  it  would  be  practicable,  from  the  nature  of  his  en- 
gagements, lo  furnish  copies  of  his  reports  to  the  House,  which  I 
considered  to  be  due  to  that  body  as  a  maltcr  of  courtesy;  and,  I 
did  not  stop  to  inipiire  whether  this  additional  number  of  the  re- 
ports should  be  piiid  for  out  of  the  funds  of  thi^  Senate,  or  the 
House.  As  my  colleai;iie  suggested  the  other  day,  they  tn;iy  be 
paid  for  out  ul  the  funds  of  the  House  :  but  1  will  remind  him  that 
there  can  be  no  material  iJilicrence,  because  the  two  liinds  are  in 
eflect  the  same,  derived  from  the  same  source,  and  applied  to  ihe 
s.aine  object,  the  payment  of  the  expetnlitures  of  the  two  houses  of 
Congress,  In  regard  to  whether  it  is  expedient  to  continue  the 
arrangement  under  which  the  debates  of  the  Senate  are  reported, 
it  is  not  necessary  to  express  an  opinion  at  this  lime  ;  that  is  a 
matter  to  be  determined  hereafter,  but  so  long  as  it  continues,  I 
think  it  is  but  a  matter  of  comity  that  the  members  of  the  House 
should  receive  those  reports,  and  1  trust  that  my  eulleaguo  will 
forbear  his  opposition.  I  was  somewhat  surprised  to  find  that  il 
had  not  been  done  before  ;  T  supposed  that  the  reports  were  fur- 
nished to  the  House,  and  some  gentlemen  around  iiic  were  under 
the  same  impression.  I  (.-an  conceive  no  possible  objection,  and  1 
hope  the  resolution  will  bo  ailopted. 

Mr,  TURNEY. — 1  cannot  for  my  own  part  |icrceive  the  neces- 
sity for  passing  this  resolution  to  furnish  the  House  with  Ihe  re- 
ports of  our  proceeding*  and  ilebates.  1  believe  it  is  a  ihinu'  that 
has  never  been  done.  If  the  inetnbers  of  the  House  require  tho.so 
reports,  they  can  procure  them  lor  themselves.  But  I  have  an- 
other objection.  Notice  has  been  given  by  an  honorable  Senator 
from  Missouri,  that  he  intends  to  move  to  rescind  the  resolution 
under  which  the  Reporter  of  the  Senate  has  his  engagement,  for 
reasons  stated  by  him,  one  of  which  was,  that  these  reports  cost 
three  times  as  niticb  as  they  could  be  pioetiretl  for.  The  members 
of  the  House  of  Representatives  cannot  be  much  at  a  loss  lirr  the 
reports  of  the  Senate,  because  they  have  the  Congressiruial  (ilobe 
and  Appendix,  I  was  opposed  to  the  resolution  for  employing  a 
reporter  originally,  because  I  believe  il  to  be  unnecessary,  and  I 
was  the  more  opposed  to  it  upon  the  assuraiU'C  of  the  Senator 
from  Missouri,  that  we  were  paying  three  titiics  as  niiic-h  as  the 
work  was  olii:rcd  to  be  done  (or  bv  liiair  ^  Rives,  This  resolution 
does  not  specify  the  amount  to  be  paid  for  these  reports  which 
we  propose  to  furnish  to  tho  House  ;  this  with  mo  is  adoeidod  ob- 


jection.  If  the  House  order  them  for  themselves  they  will  procure 
them  at  a  specified  rate,  or  by  a  contract  under  which  they  will 
obtain  them  at  a  reasonable  price.  I  move  that  the  resolution  be 
referred  to  the  Committee  on  Printing. 

Mr.  CLAYTON. — I  think  the  motion  offered  by  the  Senator 
from  Tennessee  is  eminently  proper,  and  ought  to  h&  adopted  by 
us.  It  is  urged  as  an  objection  that  the  House  can  purchase  these 
reports,  or  obtain  them  by  contract,  under  a  lesolution  to  be  adopt- 
ed by  itself.  I  think  it  will  readily  occur  to  every  one  that  it  would 
be  improper  for  the  House  to  contract  with  our  officer.  Lender  all 
the  circumstances,  I  I'an  see  no  propriety  in  the  proposition  that 
the  House  should  make  any  such  contract.  But  I  rose  not  to 
speak  in  reference  to  this  resolution  merely.  Something  has  been 
said  by  the  Senator  from  Tennessee,  [Mr,  Torney,]  in  regard  to 
the  report  of  our  debates,  which  I  think  demands  a  reply.  Sir,  I 
have  been  a  long  time  a  member  of  this  body,  and  I  venture  to  say 
that  we  never  had  any  think  like  accurate  and  full  reports  until 
we  adopted  the  resolution  appointing  this  reporter.  Any  Senator 
w'ho  has  been  here  many  years,  and  has  observed  the  reports  of 
the  debates  in  this  body,  will  concur  with  me  in  this.  1  do  not 
mean  to  .^ay  that  we  have  perfect  reports  even  now;  I  know  there 
are  defects,  but  I  believe  those  defects  do  not  flow  from  any  fault 
on  the  part  of  the  Reporter,  but  from  our  own  fault  in  not  furnish- 
ing an  adequate  amount  lo  enable  him  to  employ  a  sufficient  iiimi- 
ber  of  Reporters,  and  to  procure  the  printing  to  be  promptly  done. 
It  is  true,  the  reports  are  delayed  sometimes  for  several  days,  but 
we  can  readily  understand  why.  The  officers  who  are  reporting 
for  us,  have  been  compelled,  often  during  this  session,  to  report 
debates  lasting  .through  six  or  eight  hours,  and  not  to  give  two  or 
three  speeches  only,  but  the  whole  debate.  This  is  a  difficult 
thing  to  be  done  by  so  few  reporters;  and  it  is  easily  perceived, 
that  for  the  sum  appropriated,  the  work  cannot  be  done  more 
speeilily  than  it  is.  I  trust  that  we  shall  never  abandon  the  sys- 
tem, but  go  on  and  perfect  it.  I  should  recommend  that  instead  of 
abandoning  the  system,  which  has  been  found  to  be  better  than  any 
other,  we  should  set  about  perfecting  it,  by  furnishing  a  sufficient 
sum  to  pay  for  the  printing  of  the  reports  promptly,  for  I  think 
that  all  miist  concur  with  me,  even  the  Senator  from  Tennessee 
himself,  that  the  expense  is  nothing  in  comparison  with  the  im- 
portance of  the  reports  both  to  this  body  and  the  country. 

Mr.  TURNEY. — ^In  relation  to  the  accuracy  of  our  reports,  1 
do  not  mean  to  say  any  thing  further  than  this:  that  I  believe  they 
are  not  more  accurate  than  they  were  last  session,  and  not  more 
aci'ur.atc  than  they  are  this  session  as  given  in  the  Globe.*  There 
is  no  improvement  at  all.  The  Senator  from  Delaware  says  we 
are  not  paying  enough.  Why,  the  newspaper  press  of  this  city 
proposed  lo  report  for  the  Senate  at  a  rate  of  compensation  not 
exceeding  tho  half  of  what  w'C  are  paying.  A  committee  of  the 
Senate  maile  a  report  on  the  subject  some  years  ago,  and  named 
the  amount  which  tiiey  considered  necessary  to  defray  the  expen.se 
of  reporting  the  debates  of  the  Senate,  and  we  are  paying  double 
and  more  than  double,  as  mfth  as  any  estimate  that  has  been 
made;  and  yet  it  is  urged  as  a  reason  for  not  getting  our  reports 
furnished,  according  to  contract,  that  we  are  not  paying  enough. 
We  are  paying  more  than  double  what  you  have  to  pay  for  the 
Globe  and  Appendix.  I  do  not  see  any  use  for  having  reporters 
employed  at  all,  but  as  we  have  them,  if  the  House  desires  to  bo 
furnished,  let  them  make  their  ariangemont.  I  am  opposed  to 
the  plan  of  one  House  undertaking  to  supply  the  other  with  re- 
ports of  its  debates.  It  is  introducing  a  new  principle.  It  will  be 
forcing  upon  them  perhaps  what  they  do  not  want.  I  am  opposed 
tf>  it  altogether. 

The  ipiestion  beiu^  put  upon  the  ailnptinn  of  the  resolution — 

Mr.  TURNEY  demanded  the  yeas  and  nays  on  agreeing  to  the 
resolution,  which  were  ordered,  and  it  was  determined  in  the  af- 
lirmative,  as  follows  : 

VK.\S— Me.sis.  .\lchison,  Bad^'er.  Bell.  Horlanil.  ISnller,  Calhoun,  Cnw,  t'latkr, 
1  'lavton.  Crittenden.  Davis,  of  Mnssaclni-etts,  Dayton,  Douglas,  Greene,  Hale,  Han  • 
ne{;aii,  Joluison,  of  iMarylanil,  Jliuon,  iMoor,  Pearre,  I'luTps,  Rnsk,  Sprnance,  Un- 
derwood, llnham,  WeslcoU— '.'li. 

\.\YS— Messrs.  Allen,  ,\theiton.  Ba;;by,  Benton,  Breese,  Bright,  Cameron, 
Davis,  of  Mississipill,  Dix.  Fetch,  Hoii>loii,  .lohnson,  of  Georjria,  La?wis,  Niles, 
Tnrney — lo. 

MESSAGE    FRO.M    THE    HOUSE, 

The  following  message  was  received  from  tho  House  of  Repre- 
sentatives, by  Mr,  Campbell,  their  clerk. 

^Ii,  l*rc?ideiit  :  The  Speaker  of  Ihe  House  of  Re|iresentatives  havinjj  sipned  an  en 
inltcd  lull,  1  iiin  directed  to  hrinK  11  lo  the  Senate  for  the  si;:natnre  of  iheii  President. 

SIGNING    OF    A    BILL. 

The  Vice  President  signed  the  enrolled  bill  entitled  ''An  act 
to  change  the  name  of  Photius  Kavasalcs  to  that  of  Photius  Fisk." 


•The  reports  furnished  lo  the  Senate  by  contract  are  republislied  in  the  Globe.- 
Rep. 


April  26.] 


CALIFORNIA  CLAIMS. 


535 


RIOTS  IN  THE  DISTRICT    OF    COLUMBIA. 

Tlie  PRESIDING  OFFICER.— The  ne.xt  subject  for  the  con- 
sideration of  the  Senate,  is  the  motion  of  tlie  .Senator  from  New 
Hampshire,  [iVlr.  Hale,]  for  leave  to  introduce  a  bill  relating  to 
riots  and  unlawful  assemblies  in  the  District  of  Columbia. 

Mr.  BENTON  moved  to  postpone  the  prior  orders,  and  proceed 
with  the  consideration  of  tlie  bill  for  ascertaining  and  paying  the 
California  Claims,  which  was  the  unfinished  business  of  yesterday. 

Mr.  HALF,  said  tlie  morning  hour  hail  not  yet  expired,  and  ho 
thought  the  leave  he  had  asked  to  introduce  a  bill  ought  to  be  tirst 
disposed  of.  He  had  no  disposition  to  debate  the  subject,  but  he 
desired  to  have  a  vote.  If  the  object  of  the  motion  to  take  up  the 
California  hill  was  to  evade  a  vote  ujion  the  leave  he  had  asked  to 
introduce  bis  bill,  he  must  ask  the  yeas  and  nays  upon  it. 

The  yeas  and  nays  were  then  ordered  upon  the  motion  to  take 
up  the  California  Claims  bill,  and  it  was  decided  in  tlie  atlirmativc, 
as  follows  : 

YEAS.— IMessrs.  ..MIeii.  .\(fl!Jjoii.  Atherton.  Ba.lfier.  IIasl>v.  Bi-li,  lienruii.  Br^ese, 
Bright,  ('.inieruii.  Cnsj*,  Cl.'ivloii,  Ciitlenden.  Ditvis,  oJ  Mississippi.  Duvtuii,  Ilix, 
Felol).  flouslon,  Johnson,  of  Marjiaiid,  Johnson,  of  (Jeorgia,  Lewis,  Maiignm,  Ma- 
son, Moor,  Pearce,  Ruslt,  Spruance.  L^iulerwooil,  WesTcott. — '29. 

N  AVS.— Mcssis.  Calho.in,  lJoii;las,  Hale.  Niles,  I'lielps.  Turnpy,  rpham.— 7. 

THE  CALIFORNIA  CLAIMS. 

The  Senate  then  resumed  the  consideration  of  the  bill  for  ascer- 
taining and  paying  the  California  Claims. 

The  question  pending  was  upon  agreeing  to  the  amendment  re- 
ported from  the  Coraraittey  on  Military  Afl'airs. 

Mr.  MASON  moved  to  amend  the  amendment  by  striking  out 
the  first  fifteen  lines,  and  the  word  "department''  in  the  sixteenth 
line,  and  inserting  in  lieu  thereof: 

"And  for  the  purpose  of  ascertaining  tiie  jnsticc  airi  amonnt  of  the  residne  of  said 
claims,  a  board  is  Iierehy  established,  to  consist  of  three  tit  and  eonipelent  persons,  to 
be  nominated  by  Itie  President,  and  hy  him  appointed,  by  and  with  tliD  adviee  and 
coascnt  of  the  Senate,  whicii  boaril  shall  sit  in  ililfei-ent  places  in  Calitornia,  and  to 
give  certiticales  forthe  amount  due,  which  eertiticates  shall  be  forthwith  oaid  in  Cali- 
fornia by  some  proper  officer  duly  appointed  or  dc^lgnated  for  that  purpose." 

Mr.  MASON. — If  the  honorable  Senator  from  Kentucky  will 
yield  the  floor  for  a  moment,  I  would  like  to  state  the  specific  ob- 
ject which  I  have  in  view,  in  oH'ering  an  amendment  to  the  amentl- 
ment  reported  by  the  committee.  It  is  to  strike  out  so  much  as 
constitutes  these  gentlemen  by  name  to  be  a  board  of  eominission- 
ers,  and  to  substitute  this  phrase  :  "  a  board  to  be  appointed  bv 
the  President."  I  ofl'er  this  amendment,  and  while  up,  I  will  re- 
mark that  I  do  so  for  the  purpose  of  testing  the  sense  of  the  .Sen- 
ate; upon  it  I  ask  for  the  yeas  and  nays. 

Mr.  UNDERWOOD, — But  for  the  constitutional  question  that 
has  been  raised  upon  this  occasion,  I  should  have  contented  my- 
self, in  all  probability,  with  giving  a  silent  vote.  Like  the  gentle- 
man from  North  Carolina,  I  have  great  respect  for  precedents, 
judicial  and  legislative.  But  those  precedents,  to  entitle  them  t.i 
respect,  should  always  be  settled  upon  due  deliberation;  and  at  the 
time  when  they  are  settled,  the-attention  of  the  body,  whether  it 
be  judicial  or  legislative,  should  be  called  to  the  importance  of  the 
subject  upon  which  the  precedent  is  about  to  be  established. — 
Now,  if  there  has  been  any  formal  discussion  of  the  Senate  or 
the  House,  on  this  important  subject,  has  a  direct  bearing  upon 
it,  no  gentleman  who  has  heretofore  participated  in  the  de- 
bate, has  taken  occasion  to  bring  forward  any  evidence  of  that 
discussion,  to  show  that  upon  arrivii^  at  a  conclusion,  it  was  done 
upon  mature  deliberation,  and  after  full  discussion.  This,  then,  as  far 
as  I  know,  is  the  first  time  this  important  question  has  been  brought 
up  and  discussed  to  any  considerable  length.  I  do  not  propose,  by 
any  means,  to  make  a  long  speech  upon  the  subject.  I  rise,  prin- 
cipally, to  give  ray  views  in  regard  to  two  of  the  cases  which  the 
honorable  Senator  from  North  Carolina  brought  forward  as  prece- 
dents to  govern  our  C"nduct  on  this  occasion;  and  to  show  as  far 
as  I  may  be  able,  that  those  precedents,  thus  brought  forward  and 
relied  on  by  him,  are  not,  in  effect,  precedents  which  ought  to  go; 
vern  in  this  case.  The  first  case  to  which  the  attention  of  the 
Senate  is  called,  is  the  one  that  was  decided  in  '92.  by  Judges  Jay, 
Cushing  and  Duane.  If  I  understand  that  case  aright,  it  ope- 
rates against  the  argument  of'  my  honorable  frientl;  and  if  any 
proper  conclusion  can  be  drawn  from  it,  it  does  seem  to  me  to  be 
adverse  to  the  passage  of  this  bill,  as  it  comes  to  us  from  the 
committee.  It  is  necessary  to  look  for  a  moment  at  the  law 
which  those  judges,  in  '9'2.  were  called  upon  to  enforce.  It  was 
an  act  to  provide  for  the  settlement  of  claims  of  widows  and  or- 
phans— claims  previously  barred  by  the  lapse  of  time,  and  to  regu- 
late the  claims  of  invalid  pensioners. 

i\'ow  the  object  of  the  act  which  the  judges  were  required  to 
execute,  after  the  limitation  had  been  taken  off  these  claiius  was 
this:  they  were  directed  to  ascertain  what  widows  and  what  or- 
phans were  entitled  to  the  half-pay  of  the  deceased  officers,  whose 
half  pay  had  been  granted  to  1  hem  by  the  Continental  Congress. 
They  had  another  duty,  and  that  was  to  ascertain  what  officers 
were  entitled  to  such  half-pay  by  viriiie  of  the  law  of  the  Conti- 
nental Cc)naress.  And  what  do  the  judges  say  in  reference  to 
these  duties?  They  say  they  are  not  judicial  duties,  and  therefore 
they  decline  performing  them  as  judges,  but  say  they  will  do  it  as 
commissioners.  What  is  the  argument  now  based  upon  this  de- 
cision? The  argument  is  that,  by  judicial  determination,  Congress 
'  may  legislate  so  as  to  appoint  a  commissioner.     I  do  not  deny  this; 


but,  you  must  take  into  view  the  nature  of  the  duty  which  the 
commissioner  is  to  perform,  in  order  to  apply  the  constitutional 
test.  It  will  be  seen  by  the  decision  of  these  judges,  that  they  re- 
cognized the  right  of  Congress  to  appoint  commissioners  to  en- 
quire and  report  upon  what  the  legislation  of  Congress  might  act. 
No  one  ever  denied  that  this  may  be  done.  It  is  the  eveiy  day 
practice  for  either  House,  to  appoint  a  commission  to  ascertain 
facts  upon  which  their  legislation  shall  be  based.  That  is  merely 
an  employment  as  it  has  been  properly  defined.  It  is  not  a  judicial 
or  legislative  office,  but  merely  an  employment,  the  result  of  which 
is  to  constitnte  the  basis  of  future  action  of  some  department  of  go- 
vernment ,  or  of  all  of  them  combined.  The  case  before  the  judges 
was  of  that  description.  And  when  they  reported  the  facts  and 
their  opinion  upon  them  to  the  Secretary  ol  War,  as  the  act  of 
Congress  required  them  to  do,  he  had  the  right  to  carry  into  ef- 
fect or  suspend  the  decision  of  the  judges  at  his  decision.  This 
power  conferred  upon  the  Secretary  to  control  the  action  of  the 
judges,  proved  to  their  satisfaction  that  they  were  required  to  per- 
forin were  not  judicial;  because,  if  judicial,  they  must  be  final  and 
conclusive,  unless  revi.sed,  affirmed,  or  annulled  by  a  higher  judi- 
cial tribunal,  and  not  by  one  of  the  Executive  departments  or  by 
Congress.  The  action  of  the  judiciary,  under  the  constitution, 
cannot  be  revised  and  controlled  by  the  Execuiive  or  Legislative 
departments  of  the  government;  and  because  their  action  was  sub- 
jected to  a  control  of  that  kind,  they  decide  that  the  duties  re- 
quired of  them  were  not  judicial. 

The  judges  were  required  by  the  act,  to  report  to  the  Secretary  of 
Wiir,  and  when  ihcy  did  report  to  him,  the  Secretary  had  a  right, 
as  will  be  found  upon  examing  the  act,  to  suspend  or  control  their 
judgment,  and  further,  that  it  should  be  submitted  ultimately  to 
ihe  revision  of  the  legislature.  What  does  ibis  prove  '.  It  proves 
that  the  judges  were  nothing  more  than  commissioners  to  a.scerlain 
facts  upon  which  the  war  olfice  and  legislative  department,  were 
•.o  act  subsequently  to  ihe  ascertainment  of  those  facts.  AV'hat  is 
the  ease  of  Gratiot  brought  forward  by  the  gentleman  from  North 
Carolina  as  a  jirecedent  to  govern  w^i  He  was  appointed  by  act 
of  Congress  to  unite  with  two  officers  of  government  to  ascertain 
and  report  upon  facts,  but  their  action  was  not  to  be  final.  I  have 
taken  the  trouble  to  look  into  the  act,  and  I  find  that  thev  were 
directed  merely  to  inquire  into  the  facts  and  make  a  report.  Now 
how  do  these  cases  stand  '.  They  show  that  Congress  may  ap- 
point a  commission  to  ascertain  facts  for  the  future  action  of  the 
legislature,  and  this  I  contend,  is  not  :in  office  within  tiic  meaning 
of  the  constitution.  What  is  an  office  within  the  meaning  of  the 
constitution  '.  That  instrument  has  divided  the  government  into 
three  departments,  the  executive,  the  legislative,  and  the  judicial. 
By  those  departments,  all  the  business  of  this  vast  country  of  our- 
is' conducted.  These  departments  embrace  the  business  of  the 
entire  government.  'I'he  whole  business  is  classified,  and  the 
classifications  of  the  business  are  such,  as  all  men  of  ordinary  in- 
telligence can  understand.  Now  if  it  be  mere  preparatory  infor- 
mation for  these  departments,  or  any  of  them  to  act  upon,  that  you 
are  desiring  to  obtsin.  I  admit  that  it  presents  itself  according  to 
the  dislinctlons  taken  in  the  books  not  in  the  form  or  nature  of  an 
olfice.  But  if  it  be  the  final  disposition  of  the  business,  that  can 
only  be  done,  I  conceive,  under  the  constitution  by  the  agency  pro- 
vided in  that  instrument.  What  is  the  case  here  >.  Why  this  case 
is  finally  to  dispose  of  seven  hundred  thousand  dollars,  and  there  is 
no  appeal.  According  to  this  bill  there  is  to  be  no  revision  on 
the  part  of  either  the  Executive,  the  judiciary,  or  the  legislature. 
It  difltrs  from  all  the  cases  then,  that  have  been  found  inasmuch 
as  the  final  appropriation  of  several  hundred  thousand  dollars  is  to  be 
made  by  the  commissioners  appointed  by  this  act.  Is  it  not  of  sufT:- 
cient  importance  to  require  the  constitutional  agency  of  the  country 
to  dispose  of  it.  What  is  this  conslitutional  agency?  It  is  the  em- 
plov-ment  of  an  executive,  a  legislative,  or  a  judicial  officer.  I 
rose  to  give  this  answer  to  the  cases  cited  by  my  honorable  friend, 
and  to  show  that  they  do  not  apjtly  as  precedents  in  this  case,  anti 
if  they  do  not,  we  have  onl}'  to  take  up  the  constitution  and  con- 
strue it  for  ourselves,  not  bein;:  trammelled  by  any  former  action 
of  the  Senate,  or  of  any  other  branch  of  government.  Havincr 
reached  the  conclusion,  that  the  bill  could  not  be  sustained  in  its 
present  shape.  I  shall  vote  for  the  amendment  of  the  honorable 
Senator  from  Virginia. 

Allow  me  one  more  remark,  and  I  have  done.  I  have  no  per- 
sonal acquaintance  with  Mr.  Fremont.  I  have  admired  the  man 
from  character.  I  have  read  with  pleasure  the  valuable  informa 
tion  he  has  given  with  regard  to  the  country  in  which  these  oper- 
ations have  taken  place.  I,  therefore,  am  not  actuated  in, the 
remarks  which  I  have  made  by  any  feeling  of  hostility  towards 
him.  or  disinclination,  that  he  should  be  appointed.  If  I  could  be 
influenced  by  any  feeling  at  all.  it  would  be  in  favor  of  his  appoint- 
ment ;  and  I  would  readily  go  for  the  bill  were  it  not  in  considera- 
tion of  the  paramount  claim  which  the  constitution  has  upon  inc. 
I  will  also  remark,  that  I  perceive  ths  bill  allows  a  greater 
amount  than  Colonel  Fremont  has  estimated  would  be  sufficient 
to  pay  the  claims,  I  suppose  the  committee  had  their  reasons 
for  enlarging  the  amount,  but  I  would  like  to  hear  why  it  has  been 
enlarged  ?  I  find  his  report  fixes  the  amount  at  less  than  five 
hundred  thousand  dollars.  He  gives  an  enumeration  of  the  items, 
and  his  estimates  seem  to  be  quite  liberal.  I  merely  refer  to  this 
thing,  hoping  some  gentleman  will  inform  the  Senate,  why  it  is  the 
committee  thought  proper  to  enlarge  the  amount. 

Mr.  BENTON. — Will  the  Senator  have  the  answer  now? 

Mr.  UNDERWOOD.— I  shall  be  glad  to  hear  it  sir. 


536 


CALIFORNIA  CLAIMS. 


[Wednesday, 


Mr.  BENTON  quoted  from  the  testimony  taken  before  the 
committee. 

Mr.  UNDERWOOD.— I  had  not  examined  that  part  of  iho 
testimony,  but  I  see  the  basis  of  their  action  now. 

Mr.  DAVIS,  of  Mississippi. — I  think  tlie  Senator  mijjlit  have 
gone  much  further  into  the  matter  of  the  services  rendered  by  the 
battalion.  I  do  not  intend  to  occupy  the  time  of  the  Senate  by 
enterinp;  upon  any  extended  arsrument — that  hah  licen  fully  done 
by  others— but  simply  to  call  the  attention  of  the  Senate  to  the 
subject  of  constituting  by  legislation  a  legal  agent.  And  I  will 
make  a -supposition.  Suppose  tho'^e  officers  had  remained  in  the 
service,  it  would  be  demanded  of  them,  that  their  vouchers  should 
bo  perfected  on  the  ground  where  the  claims  arose.  And  what 
is  this  bill  for  ?  Nothing  more  than  to  give  an  opportunity  to 
send  those  very  persons,  who.  if  they  had  remained  in  service, 
would  have  been  selected  to  discharge  that  duty,  liy  reason  of  the 
offices  vi'hich  they  held,  to  perfect  the  vouchers  for  those  unpaid 
claims  in  California.  That  is  the  whole  purjiose  of  it.  It 
creates  no  ollice  ;  it  docs  not  even  create  an  agency.  It  only 
limits  the  payment  of  the  claims  in  California,  to  the  vouchers 
which  have  been  thus  perfected.  If  the  President  does  not  choose 
to  rely  upon  the  certificates  of  thesn  commissioners  be  will  require 
the  vouchers  to  be  examined  at  the  Auditor's  office.  This  is  the 
plain  view  of  the  ease.  This  is  the  extent  to  which  it  is  necessa- 
ry to  legalize  the  acts  of  the  persons  herein  named,  hence  they 
were  named,  hence  their  compensation  is  fixed  at  precisely  the 
same  rate  to  which  they  would  have  been  entitled  had  they  re- 
mained in  the  service.  It  merely  places  them  back  in  n  position 
to  render  that  service  which  tlH?y  would  have  performed  if  iheir 
office  had  not  been  extinct.  I  have  been  somewhat  surprised  to 
hear  gentlemen  arguing  upon  the  cpiestion  as  to  the  dlH'erence  be- 
tween an  officer  and  an  agent.  I  have  no  desire  whatever  that 
they  shall  be  considered  as  officers.  My  purpose  is  merely  to  le- 
galize the  certificates  of  these  commissioners  so  that  they  may 
supersede  the  necessity  of  any  further  formality  by  ourselves  or 
otherwise. 

Mr.  NILES. — The  yeas  and  nayshaving  been  called  for  on  the 
amendment  of  my  honorable  friend,  the  Senator  from  Virginia,  I 
beg  leave  to  give  a  very  brief  explanation  of  my  vote  upon  this 
suiiject.  The  amendment  which  was  reported  from  the  committee 
as  a  substitute  for  the  original  provisions  of  the  bill  has  obviated 
tiie  difficulty  which  was  supposed  to  exist  at  that  time,  and  the 
question  now  is  whether  there  is  still  a  difficulty.  The  original 
bill  provided  for  the  establishment  of  a  board  to  examine  and  de- 
cide upon  these  claims,  to  consist  of  one  person  named,  and  two 
others  described  as  officers  of  a  certain  corps.  This  provision 
was  clearly  in  eonfiiot  with  the  constitution,  as  it  directed  that  the 
appointments  were  lo  be  made  by  the  President,  with  the  concur- 
rence of  the  Senate,  and,  at  the  same  time  spccilied  the  persons 
he  should  appoint.  Whilst  admitting  that  the  appointment  be- 
longed to  the  President,  it  undertook  to  restrain  ami  limit  his  pow- 
er. This  could  not  be  done,  as  his  power  is  derived  from  the  con- 
stitution and  cannot  be  restrained  by  law.  This  struck  me  at 
the  time  as  not  only  exceedingly  novel,  but  as  being  actually  a 
limitation  on  the  constitutional  power  of  the  Executive.  To 
direct  the  President  whom  he  shall  nominate,  is  a  manifest  lim- 
itation of  the  power  which  belongs  to  him  under  the  constitu- 
tion. Now,  however,  we  have  a  different  proposition  offered 
to  us,  and  what  is  it?  It  is  that  in  one  of  the  sections  of  the 
bill  certain  persons  are  designated  to  carrv  into  effect  (me  of  the 
objects  of  the  law.  These  persons  are  not  called  a  board,  not 
designated  as  filling  co  nomine  any  office  whatever.  Still  they 
have  a  very  important  duty  to  perform,  and  that  is  neither  more 
nor  less  than  to  execute  the  law  tliat  we  are  about  to  pass,  at 
least  all  that  part  of  the  law  which  provides  fir  examining  and  ad- 
judicating the  claims.  Another  part  of  the  law  provides  for  their 
payment,  which  is  to  be  done  by  a  person  to  be  appointed  by  somc- 
liody,  and  of  covtrse,  if  we  provide  by  law  lor  any  public  duty,  and 
do  not  provide  for  the  appointment  of  the  person  to  discharge  that 
duty,  the  constitution  in  such  case  directs  that  the  President  shall 
do  it.  The  first  portion  of  the  duty  then  required  by  this  act,  we 
propose  shall  be  performed  by  the  persons  named  in  it.  That  is 
the  whole  matter  ;  and  gentlemen  cannot  make  any  thing  else  of 
it.  It  is  a  ipiestiou  whether  Congress  can  themselves  execute 
their  own  law,  because  whatever  we  do  by  oo.r  agents,  we  do 
ourselves.  I  am  not  going  into  any  nice  examination  of  these 
points,  but  there  is  clearly  no  precedent  for  such  a  proceeding.  I 
believe  the  thing  never  was  attempted  before.  Can  Congress  ex- 
ecute their  own  law  (  Why  gentlemen  must  see  that  that  would 
be  to  confound  exeutive  and  legislative  powers.  Are  we  to 
appoint  oiir  own  agents — to  exeeute  our  laws  if  If  so,  what 
is  the  use  of  having  an  Executive  department  at  all  ?  The  dulies 
of  those  individuals  are  of  a  judicial,  a  ministerial  character,  they 
certainly  are  not  legislative,  not  such  duties  as  belong  lo  us  todis- 
char,ge  ourselves,  or  by  our  ageuls.  And  if  we  undertake  to  do  ir. 
we  are  undertaking  to  withdraw  from  the  Executive,  that  which 
properly  belongs  to  him.  And  what  will  be  the  accountability  of 
these  men?  To  whom  will  they  be  responsible?  Who  can  re- 
move them  ?  Who  can  give  instructions  to  them?  Can  the  Pre- 
sident ?  No,  sir,  he  can  have  nothing  to  do  with  them,  anv  more 
than  he  can  with  a  committee  in  this  body.  They  are  substnnli- 
ally  a  committee  of  this  body.  I  hope  the  time  is  remote  when  a 
preeedent  of  this  kind  can  be  set.  I  can  say  with  my  honorable 
tiienda,  that  I  am  far  from  being  disposed  to  increase  the  Execu- 


tive power,  but  at  the  same  time,  I  am  not  for  depriving  the  Exec- 
utive of  the  power  that  rightfully  belongs  to  him.  I  am  not  for  as- 
suming by  the  legislative  department  of  this  government,  any 
Executive  function,  because  it  must  tend  to  produce  a  eonfiict 
between  the  departments  which  may  lead  to  the  destruction  of  our 
whole  system.  How  was  it  in  England  during  that  long  struggle 
between  prerogative  and  privilege — prerogatives  ol  the  crown, 
and  privileges  of  Parliament  ?  1  know  it  is  said  that  the  Presi- 
dent has  a  veto  upon  our  acts,  and  can  by  it,  protect  his  rights. 
Still  that  is  no  reason  why  Congress  should  attempt  to  encroach 
upon  them.  Sir,  it  is  the  principle  with  me  in  all  eases,  with  re- 
gard to  questions  of  power,  or  where  a  reasonable  doubt  exists, 
with  regard  to  the  power  of  Congress,  to  give  the  benefit  of  that 
doubt  to  the  constitution.  But  in  my  judgment,  this  is  not  a  case 
of  doubt.  It  is  a  case  perfectly  clear,  unlessit  can  be  made  plain, 
that  in  some  way  you  can  get  around  the  provision  of  the  constitu- 
tion which  has  separated,  the  Executive  power  being  a  ministerial 
power,  from  the  legislative  power.  We  are  endeavoring  to  com- 
bine the  two  when  we  propose  to  exeeute  our  own  law.  The 
only  example  that  has  the  slightest  bearing  upon  this  case,  is  the 
action  of  Congress  upon^private  bills;  but  is  there  not  a  manifest 
distinction  between  private  and  public  acts  ?  A  private  act  is  not 
one  that  requires  the  action  of  the_  Executive;  and  everything  in 
such  a  bill  which  is  operative,  and  has  the  fotce  of  law,  is  nothing 
more  than  authority  to  some  officer,  to  do  an  act  specified.  As 
foe  example,  to  pay  money.  We  investigate  the  case  here  either 
in  the  Senate  or  by  committee,  and  direct  a  sura  of  money  lo  be 
paid.  The  law  is  executed  by  tire  public  officer.  Such  arbitra- 
tors do  not  execute  a  public  trust;  they  only  make  the  investiga- 
tion which  a  conmiiitee  might  make.  But,  sir,  a  public  law  is  a 
different  thing  altogether.  The  Executive  is  sworu  to  execute 
the  laws  of  the  country,  and  we  create  for  liiiu  such  duties 
as  we  please,  within  the  limits  of  the  constitution.  If  we 
direct  a  new  service  to  be  jierformed,  and  either  provide  of- 
ficers, or  throw  it  upon  those  already  appointed,  the  duty  devolves 
upon  the  Executive  in  a  greater  or  less  degree.  Because  if  you 
direct  the  appointment  of  new  ofiicers,  these  appointments  devolvs 
on  him,  and  if  the  duty  is  thrown  upon  existing  officers,  he  has  to 
superintend  their  action,  and  you  cannot  withhold  from  the  Execu- 
tive tliat  duty.  But  I  a^k,  if  in  this  case  the  Executive  can  remove 
these  men  or  withdraw  from  them  their  power,  and  if  he  cannot,  then 
would  it  be  consistent  with  the  constitution  that  the  appoi:itment 
should  be  made  in  this  way?  This  is  not  a  slight  matter,  I  mean  of 
kecjiing  the  various  branches  of  the  government  separate;  it  is  a 
great  fundamental  principle.  I  can  therefore  support  no  such  pro- 
vision as  this  in  its  present,  or  in  its  original  form;  and  the  omission  to 
give  these  agents  any  distinctive  name  or  character,  or  even  to  de- 
fine their  course  of  proceeding,  will  nut  at  all  help  the  matter,  be- 
cause they  are  lo  execute  the  law;  the  bill  recognizes  them  as  pub- 
lic officers,  I  think  by  providing  a  rate  of  compensation.  If  wo 
can  do  this,  we  can  pass  a  law  dispensing  entirely  with  the  Exe- 
culive  department  of  llie  government.  It  is  very  easy  to  see  that 
in  this  way  we  could  withdraw  the  whole  Executive  duty  from 
the  regularly  constituted  officers. 

I  am  not  disposed  to  take  up  the  time  of  the  Senate,  but  this 
question  involves  an  important  principle.  We  are  getting  around 
the  constitution,  and  the  fact  that  it  is  done  in  this  covert  manner 
is  no  reeommendation.  I  am  rather  more  suspicious  of  it  on  that 
account.  I  do  not  like  that  feature  of  the  amendment.  I  would 
not  vote  for  a  loan  which  should  bear  on  its  face  an  apparent  de- 
sign to  evade  and  got  round  the  constitution.  There  is  too  much 
of  an  appearance  of  an  attempt  to  escape  the  difficulty  bv  keeping 
it  out  of  sight — too  much  #ie  appearance  of  a  studied  purpo.se 
to  cheat  the  constitution,  to  cheat  the  Executive,  and  to  cheat  the 
public.  This  renders  the  provision  much  more  objectionable  with 
mr,  instead  of  relieving  it  from  the  constitutional  difficulty.  I 
shall  vote  for  the  amendment  of  the  Senator  from  Vir'ginia,  not  that  I 
dislike  the  nominations.  If  they  were  made  in  a  constitutional  man- 
ner. I  should  have  as  much  confidence  in  those  gentlemen, especially 
oneof  them,  from  my  knowledge  of  his  public  character  and  services, 
as  in  any  individual  that  could  be  named.  Still  in  all  legislative  acts 
I  would  rather  have  the  guards  which  the  constitution  furnishes, 
and  if  the  bill  can  be  so  amended,  il  will  remove  all  hesitation  nu 
my  part.     It  will,  I  think,  remove  the  difficulty  entirely. 

Mr.  PHELPS. — This  is  a  matter  of  very  great  importance  ; 
for  if  a  preeedent  of  this  kimi  be  set  now,  it  must  unquestionably 
lead  to  collision  between  the  dill'erent  branches  of  the  government. 
If,  however,  the  construction  given  by  the  Senator  from  Missis- 
sippi be  a  correct  one,  it  goes  very  fiir  to  remove  the  constitutional 
objection.  If  ihis  be  merely  a  measure  lo  provide  the  mode  of 
obiaining  the  testimony  in  order  that  it  may  be  laid  beliire  the  de- 
parliuents,  there  can  be  no  (dijrclion  to  it.  But  the  amendment 
strikes  me  as  carrying  upon  its  face  a  very  different  import.  It 
provides  that  no  claim  shall  bo  paid  unless  examined  and  allowed 
liy  these  persons.  Now,  in  my  understanding  of  the  verm  allowed, 
It  involves  a  judicial  power.  If  they  determine  against  a  claim, 
if  they  disallow  it,  it  is  not  competent  for  any  of  the  departments 
to  allow  it.     No  department  has  power  to  interfere. 

Mr.  DAVIS,  of  Mississippi. — Will  the  Senator  allow  me  to  ask 
hiiii  whether,  at  the  close  of  this  war,  the  duty  of  the  disbursing 
ofiicers,  the  commissioners  and  quartermasters  will  not  have  to  he 
continued  for  six  months,  in  order  to  bring  up  their  accounts  and 
their  certificates,  which  will  have  to  be  placed  intlie  department 
exactly  as  it  is  proposed  to  be  done  here  i 


April  26.] 


CALIFORNIA  CLAIMS, 


537 


Mr.  PHELPS. — No  doubt  the  regular  distribution  of  power  is 
the  subject  of  legislation.  There  is  no  doubt  that  Congress  can 
add  to  the  duties  of  any  officer,  or  transfer  duties  from  one  officer 
to  another.  Congress  has,  from  time  to  ^ime,  conferred  specific 
duties,  but  this  is  a  totally  different  matter  from  the  appointing  of 
officers.  But  I  was  remarking  upon  the  feature  in  the  amendment 
that  these  men  shall  allow  such  claims  as  they  think  just,  and  if 
they  disallow  any,  nothing  but  new  legislation  will  cover  the  case  ; 
and  if  their  allowance  or  disallowance  is  to  be  conclusive,  is  it  not 
conferring  upon  these  men  judicial  authority,  and  a  judicial  author- 
ity which  is  not  open  to  revision,  but  which  is  conclusive  upon  the 
government  itself?  But  whether  their  authority  be  judicial  or  not, 
the  consideration  hinted  at  by  the  Senator  from  Connecticut,  has 
been  from  the  beginning  decisive  with  me.  What  are  their  pow- 
ers ?  They  have  power  to  act-upon  and  decide  claims  against  the 
government — is  this  not  an  official  duty  ?  How  are  these  powers 
exercised  now  ?  By  the  departments.  You  have  a  numerous 
class  of  executive  ofiicers,  whose  duties  are  exclusively  confined 
to  these  subjects.  You  have  auditors  in  the  several  departments 
whose  appropriate  and  principal  duty  it  is  to  decide  upon  claims. 
Now,  ii  we  take  these  powers  which  the  constitution  has  placed 
in  the  hands  of  these  persons,  and  confer  them  upon  our  own  ap- 
pointees, the  result  is  that  the  appointing  power  of  the  Executive 
is  worth  nothing  ;  it  is  entirely  useless.  This  consideration  has 
been  decisive  with  me  from  the  beginning.  This  bill  takes  from 
the  officers,  established  by  law,  the  exercise  of  their  appropriate 
powers,  and  confers  these  powers  upon  the  nominees  of  Congress. 
This  being  the  principal  official  duties  of  these  officers,  is  that  du- 
ty to  be  changed  into  the  character  of  an  employment  at  your  dis- 
cretion ?  Docs  it  change  the  duty  because  you  chnose  to  jive  it  a 
new  denomination?  No,  sir,  the  duty  is  precisely  the  same,  and 
the  objection  returns  upon  you.  This  bill  proposes  to  take  from 
the  accounting  officers  of  the  Treasury  powers  and  duties  confer- 
red upon  them  by  law,  and  to  place  those  powers  and  duties  in  the 
hands  of  persons  not  appointed  agreeably  to  the  provisions  of  the 
constitution.  If  you  can  do  this  in  one  instance,  you  can  do  it 
again.  If  you  once  adopt  the  principle  that  you  can  withdraw 
from  these  men  their  power  and  confer  it  upon  whom  you  please, 
can  you  not  withdraw  from  the  departments  all  their  power  and 
place  it  in  the  hands  of  your  own  nominees  ?  It  seems  to  me  there 
IS  no  avoiding  this  conclusion.  Take  any  branch  of  the  public  ser- 
vice, and  if  you  can  once  enter  upon  this  course  you  can  carry  it 
to  the  end.  Under  these  circumstances,  without  troubling  gentle- 
men or  myself  with  a  lengthened  discussion,  I  have  merely  to  say 
that,  if  this  is  an  official  duty  in  the  hands  of  these  officers  of  the 
government,  it  is  so  in  the  hands  of  our  appointee.  The  duties 
cannot  be  changed.  And,  in  my  humble  judgment,  if  we  can  give 
these  duties  to  whomsoever  we  please,  we  can  go  far  enough  to 
make  the  whole  corps  of  officeis  appointed  by  the  President  en- 
tirely useless.  I  am  not  in  favor  of  setting  such  a  precedent,  which 
would  have  the  eflect  of  opening  the  door  for  a  further  assumption 
of  power. 

Mr.  CRITTENDEN.— I  find  that  gentlemen  the  most  compe- 
tent  to  judge  of  questions  of  constitutional  power,  differ  in  opinion 
upon  this  subject.  That  would  be  a  sufficient  reason  with  me — 
if  I  had  no  opinion  of  my  own  on  the  constitutional  question — to 
vote  in  favor  of  the  exercise  of  the  power,  now  in  controversy,  by 
Congress  rather  than  by  the  President.  I  prefer  to  see  it  exer- 
cised by  Congress  as  a  safer  and  lessdangerousdepository  of  pow- 
er than  the  Executive.  If  it  were  matter  of  doubt  as  to  where  the 
power  belonged,  I  should  prefer,  that  it  should  be  placed  in  the 
hands  of  Congress.  I  am  not.  however,  without  an  opinion  on  the 
constitutional  question.  I  know  the  powers  of  government  are  di- 
vided into  legislative,  executive  and  judicial ;  but  I  know  another 
thing,  that  this  division  cannot,  in  the  nature  of  things,  and  of  the 
constitution  of  governments,  be  perfect  and  exact.  There  will  ne- 
cessarily be  a  small  mixture  of  powers,  and  this  is  as  requisite  as 
the  alloy  in  your  coin.  Take  your  courts  of  justice — are  there  not 
discretionary  rules  enforced  by  them  independently  of  enactments 
afifecting  the  rights  of  parties  ?  Undoubtedly.  You  give  them  power 
to  prescribe  rules  of  practice,  and  it  is  necessary  that  they  should 
have  that  power.  Take  the  executive  department  of  the  govern- 
ment. Are  his  powers  as  existing  in  practice  within  the  limits  of 
the  constitution  merely  ministerial  ?  How  often,  in  the  course  of 
his  duties,  does  he  exercise  a  power  which,  in  an  abstract  point  of 
view,  may  be  regarded  as  legislative  ?  So  with  the  legislative 
branch  of  the  government.  How  can  it  get  along  without  some 
portion  of  executive]  power — such  a  portion  as  is  necessary  or 
incidental  to  the  wholesome  exercise  of  the  power  with  which 
we  are  unquestionably  vested.  I  do  not  propose  to  enter  at 
large  into  the  subject,  but  merely  to  call  the  attention  of  gen- 
tlemen to  this  view  of  the  matter.  The  question  is  whether  the 
provision  contained  in  this  bill  is  an  assumption  of  the  power 
which  belongs  to  the  President — an  usurpation  of  his  power. — 
Is  it  not  our  constitutional  and  legitimate  pj-ovince  to  provide  for 
the  payment  of  these  claims?  Und^btedly.  Without  legislative 
provision,  there  could  not  he  the  payment  of  a  dollar;  and  "no  other 
power  than  Congress  has  a  right  to  provide  for  that  payment.  It 
is  a  legislative  duty.  We  can  prescribe  the  rules  of  evidence  that 
shall  govern  in  the  establishment  of  these  claims,  and  the  form 
and  mode  of  their  authentication  is  entirely  within  the  discretion 
of  Congress.  We  may  direct  them  to  be  paid  in  California  or 
in  Washington.  We  can  direct  them  to  be  paid  by  a  payraas- 
ter,  or  whomsoever  we  will.  We  may  prescribe  the  rule  of  evi- 
dence  as  to  the  number  and  description  of  witnesses  upon  whose 
30th  Cong. — 1st  Session — No.  68. 


testimony  we  can  rely.  We  may  declare  that  we  will  not  rely 
upon  California  witnesses;  they  are  out  of  the  limits  of  our  crim- 
inal jurisdiction.  We  cannot  punish  them  if  they  swear  ialsely. 
We  may  therefore  exclude  their  testimony  ;  or  w-e  may  say  we  do 
not  choose  to  trust  to  that  sort  of  testimony  alone.  If  then,  we  may 
do  this,  can  we  not  point  out  certain  men,  and  say  on  these  men  we 
can  rely;  and  those  claims  which  they  allow  shall  be  paid?  We  have 
a  right  to  say  in  what  manner  and  with  what  qualification  they 
shall  oe  paid;  and  in  this  point  of  view — contemplated  in  this  as- 
pect— is  it  not  a  proper  and  judicious  mode  of  legislation  ?  It 
seems  to  me  so,  sir;  it  seems  to  me  that  we  need  not  shrink  back 
from  it.  It  may  appear,  upon  a  refined  construction,  to  come  in 
conflict  with  the  executive  power  to  appoint  to  office.  But  it  is 
rather  as  witnesses,  than  as  officers  of  government  that  these 
gentlemen  are  to  act.  The  claims  in  question  originated  through 
their  agency,  and  under  their  authority  as  officers  of  the  goverii- 
ment.  They,  of  course,  are  best  acquainted  with  the  subject,  and 
cannot  be  imposed  upon  by  fraudulent  claimants. 

The  object  of  the  bill  is,  that  none  of  these  unliquidated  claims 
shall  be  allowed  unless  their  validity  and  amount  be  certified 
to  by  persons  upon  whom  we  can  rely  ;  and  I  really  do  not  see 
how  these  constitutional  questions  can  be  raised,  except  by  an  in- 
genious and  refined  turn  of  argument.  Tliey  do  not  arise  natu- 
rally out  of  the  ease.  We  are  but  giving  to  the  certificates  of 
these  gentlemen  the  same  legal  operation  that  they  would  have 
had,  if  they  had  continued  in  service.  Sir,  if  we  are  to  admit,  to 
the  utmost  extent,  the  claim  set  up  for  Executive  power,  it  seems 
to  me  that  we  should  find  it  in  the  end  very  inconvenient  indeed. 
It  is  admitted  that  there  is  a  distinction  between  an  office  and  an 
employment,  a  nice  legal  distinction.  If  gentlemen  will  search 
further  they  would  find  that  there  vs  an  admitted  legal  distinction 
between  an  office  and  a  power.  Every  power  that  may  be  grant- 
ed is  not  an  office.  A  particular  power  is,  in  common  language, 
as  distinguishable  from  an  office  as  an  employment.  What  is  this, 
then,  buf  a  mode  of  legislation  by  which  we  are  to  designate  the 
persons  that  are  to  exercise  a  particular  power — that  of  authen- 
ticating and  certifying  to  certain  claims  ?  To  say  that  we  cannot 
do  this,  would  be  to  make  the  Executive  government  essential  to 
every  agency  and  every  particular  power  to  be  created  ;  that  we 
could  do  nothing  in  fact  without  the  agenc}'  of  the  Executive  ; 
that  his  power  must  be  invoked  in  every  instance;  that  the  lesis- 
lative  department  is  an  inert  mass,  requiring  the  touch  of  the  ex- 
ecutive to  give  it  life  and  vitality.  Let  us  take  care  that  we  do 
not  run  into  an  extreme  on  the  one  hand  or  the  other.  It  is  our 
duty  to  preserve  every  constitutional  power  beiongins;  to  the  ex- 
ecutive; but  the  tendency  of  our  government  has  not  been  hereto- 
fore calculated  to  create  any  alarm  of  encroachment  upon  that 
power.  In  the  nature  of  things,  the  encroachment  which  is  to  be 
feared  is  the  encroachment  by  executive  power.  But  there  is  no 
invasion  here  of  executive  power.  There  is  no  attempt  to  steal, 
or  to  cheat  him  of  his  power. 

There  is  but  one  other  question,  and  upon  that  I  need  say  no- 
thing— it  is,  whether  Congress  is  disposed  to  pay  these  claims  or 
not.  I  think  we  are  bound  to  pay  them.  They  have  originated  in 
a  manner  that  is  not  regular,  I  admit.  They  have  grown  up  un- 
der peculiar  circumstances.  These  services  have  been  valuable 
to  the  country.  They  are  such  as  we  would  have  directed  if  we 
had  been  acquainted  with  the  circumstances  ;  and  it  is  but  just  and 
proper  that  we  should  legalize  them.  Upon  every  principle  of 
equity  we  are  bound  to  pay  the  claims.  The  parties  claiming 
compens.ation  are  entitled,  upon  every  consideration,  patriotism, 
hardihood,  courage,  and  the  sacrifices  incurred  in  rendering  these 
services,  and  by  every  other  consideration  that  can  entitle  men  to 
remuneration.  The  courage  and  conduct  of  Col.  Fiemont  have 
signalised  his  name.  His  services  were  peculiar,  attended  with 
great  responsibility  to  himself — characterized  by  great  firmness 
and  humanity,  as  well  as  devotion  to  his  country.  The  expenses 
incurred  in  the  performance  of  those  services,  were  incurred  under 
his  own  orders  and  those  of  his  quartermaster  and  commissary, 
and  upon  their  liquidation  and  authentication  of  them,  we  can 
most  safely  rely.  And,  in  my  judgment,  the  mode  of  settlement 
prescribed  by  this  bill,  is  constitutional  and  proper. 

Mr.  ALLEN. — Like  every  other  man  who  is  sworn  to  support 
the  constitution  of  the  country,  I  should  be  extremely  unwilling 
even  to  run  the  risk  of  a  violation  of  it,  and  if  I  believed  that  there 
was  just  foundation  for  a  reasonable  doubt  as  to  the  constitution- 
ality of  the  amendment  offered  to  this  bill,  I  should  unquestionably 
vote  against  it  ;  but  I  have  no  such  doubt  and  I  shall  therefore 
support  it.  It  IS  a  mistake  to  suppose  that  there  can  be  nothing 
done  on  the  part  of,  or  for  the  government  of  the  country,  except 
by  an  "officer"  under  the  constitution  of  the  United  States.  An  of- 
ficer under  the  constitution  of  the  United  States  derives  his  ap- 
pointment from  one  of  three  sources,  first,  from  the  President  of 
the  United  States  ;  secondly,  from  one  of  the  heads  of  depart- 
ments ;  thirdly,  from  a  court.  The  constitution  is  perfectly  clear 
on  the  subject.     It  declares  that 

"He  (the  Presidenl.)  s'latl  have  power,  by  and  with  llie  advice  and  couseot  of  tlie 
i?enale.  to  make  treaties  provided  two-thirds  of  the  Senators  present  concur  ;  and  he 
sliall  nominate,  and  by  and  with  tlie  advice  and  consent  of  the  Senate,  shall  appoint 
ambassadors,  other  public  ministers  and  consuls,  judges  of  the  Supreme  Court,  and  ali 
oilier  officers  of  the  l-Tnited  States,  whose  apnointmenls  are  not  herein  otherwise  provi- 
vided  for,  and  which  shall  be  established  by  law  :  hot  the  Congress  may,  by  law,  vest 
the  appointmenl  of  such  inferior  officers,  as  they  think  proper  in  the  Presi<lenl  alone, 
in  the  courts  of  law,  or  m  the  heads  of  departments.  The  President  shall  have  power 
to  fill  up  all  vacancies  that  may  happen  during  the  recess  of  the  Senate,  by  grantinij 
commissions  w-hich  shall  expire  at  the  end  of  their  next  session." 

So  that  every  officer  under  the  constitution  of  the  United  States 


538 


CALIFORNIA  CLAIMS. 


[Wednesday, 


whose  appointment  is  not  provided  Ht   m   the  body  of  the  consti- 
tution, must  derive  his   appointment    limn  the   President,    or  the 
heads  of  departments  or  from  a  court  ;  for  Congress  is  not  author- 
ized to  vest  the  appointment  of  any  ofiicer,  by  law,  in  anybody  but 
in  the  President,  in  the  head  of  a  department,  or  a  court.     This  is 
the  languat^eof  the  constitution,  and  I  state  it  with  the  view  of  di- 
rectly calling  the  attention  of  the  Senate  to  another  matter.     Con- 
gress, it  appears  cannot  vest  the  appointing  power  m  any  officer  of 
this  government,  if  that  officer  he  not  the  head  of  a  department.  This 
being  the  case,  let  us  see  what  Congress  has  done.     I  go  not  back  to 
the  individual  instances  that  have  been  cited,  but  to  the  uniform  ))rac- 
tice  of  Congress — to  no  solitary  case  that  may  have  been  a  subject 
of  particular   attention,  but  to  the   uniform  practice  of  Congress 
for  the  last  sixty  years.  By  the  constitution  Congress  is  directed  to 
take  measures  for  ascertainmg  the  niunber  of  inhabitants  every  ten 
years.     They  have  ordered  that  the  marshals  of  the  United  States 
shall  proceed  to  make  a  count  of  the  whole  population  and  return 
them  within  a  given  period  of  time.     This  is  the  duty  of  an  officer 
of  the  United  States  called  a  marshal,  whose  office  is  created  by 
law  and  whose  appointment  is  made  by  the  President  of  the  United 
States.     But  can  tho  marshal  go  into  every  county  of  his  State 
and  make  a  count  of  the   people?     By  no   means.     Consequently 
Congress  has  created  agents  to  assist  the  marshals.     Congress  has 
by  law  authorized  the  marshals  of  the  several  States  in  the  Union 
to  appoint  assistants  to  aid  them  in  counting  the  people.     Are  these 
assistants  "officers"  within  the  meaning  of  the  constitution?     I  hold 
they  are  not.     Because  they  are  neither  appointed  in  the  constitu- 
tion, nor  by  the  President,  nor  by  one  of  tho  heads  of  the  depart- 
ments, nor  by  a  court,  but  appointed   by  a  subordinate   executive 
ofiicer  in  each  of  tho  States — to. wit  :  the  marslial.     Congress  may 
vest  the  appointment  of  such  officers  in   the    courts   of   law,   and 
they  would    then    be  offieers  in  the  strict  sense  of    the  term  ;    but 
when    appointed    by   the    marshal    they   are    not    offieers — still 
they  derive   their   emolument   from  the   public  treasury  and   are 
denominated  in   law  not  marshals  but  the  assistants  of  marshals. 
More   than    a    thousand    such    were   created    by    law    in    1839. 
Why  are  they  not  officers  ?     Because   they  do  not  derive  their  ex- 
istence   through    any    of   the    media  known   to   the   constitution, 
through  which  officers  only  can  be  appointed.     The    law  did  not 
create  them  officers,  because  their  duty,  like  the  duty  intended  in  this 
case,  was  temporary  in  its  nature.    Here  is  the  act,  sir.  The  num- 
ber of  these  appointees  of  the   marshal  is   not   limited.     He  may 
appoint   any    number  he    pleases.     (The   honorable  Senator  here 
read  an  extract  from  tho  law,  wherein  it  is  provided  that  the  mar- 
shals shall  have  power,  and  are   required  to   appoint  one  or  more 
assistants  in  each  city  or  county  in   their  respective  districts.) — 
These  assistants  of  the  marshals  are  to  do  what?     To  aid  him  in 
the  performance  of  his  ollieial  duty.     Because   it    was   physically 
impossible  for  him  to  do  it  alone;  and  yet  they  are  not  officers — not 
one  of  thera  deriving  his  appointment  from  any  of  the  sources  indi- 
cated in  the  constitution.     I  happened  to  have  my  atteniion  called 
to  this  subject,  from   the  fact  that  the  marshal  of  Ohio  having  ap- 
pointed assistants,  as  he  was  .authorized  to  do  under  the  act  of  '29, 
tho  fall  elections  came  on,  and  one   gentleman  who  was  his  assis- 
tant, became    a  candidate   for  election   to  the    Senate   of   Ohio. 
He  was  elected  by  a  legal  majority  of  votes,  and  his  seat  was  con- 
tested, on  the  ground  that  he  was  an  "officer"  of  the  United  States, 
the  constitution   of  that  State  declaring  that  no  man  who  held  an 
office,  under  the  general  government  was  eligible  even  as  a  candi- 
date to  a  seat  in  the   legislature.     I  was  employed  as  counsel  for 
the  contesting  candidate,  and  Mr.  Ewing  was  employed  on  the  part 
of  the  sitting  member.     The    result    was  that  the  sitting  member 
retained  his  seat  upon  the  ground  that  he  was  not  an  officer  of  the 
United  States.     Here,  then,  is  a  large  class  of  public  functionaries, 
who  are  not  officers  under  the   constitution  of  the  United  States — 
who  are  not  recognized  as  officers,  for  the  reason  that  they  do  not 
derive  their  appointments  from  any  source   pointed  out  by  the  con- 
stitution     But  what  is  the  practice  of  the  federal  government  con- 
tinually '     lilies  not  the  executive   department  constantly  employ 
•■pi'cinl  Rgcuts  ?     Have  they  not  recently  sent  agents  to  Europe,  to 
ciillnct  information  which  the  government  supposes   will  bo  valua-. 
ble  ?     Does  not  the  Postmaster  General  constantly  send  out  agents 
to  superintend  the  external  operations  of  that  department  '.     Arc 
there  not  numberless  cases  of  appointments,  where  the  persons  ap- 
pointed are  not  known  to  the  law  as  officers  ? 

But  the  strong  ground  on  which  I  rest  the  whole  matter  is  the 
uniform  practice  of  Congress  itsell — six  times  repeated  in  public 
acts — directing  the  appointment  of  a  large  body  of  men  to  dis- 
charge ]iublic  functions,  and  yet  not  one  ot  these  men  being  an  of- 
ficer wiihin  the  meaning  of  the  constitution.  They  have  to  take  an 
oath.  The  same  law  that  directs  their  appointment,  prescribes  tho 
oath,  and  fixes  their  salary  ;  yet  all  this  docs  not  create  an  office. 
This  is  a  strong  case,  sir,  and  one  which  cannot  well  be  answered. 
There  is  a  public  duty  to  be  performed.  Congress  assigns  that 
duty  to  the  marshals  of  tho  United  Slates,  and  authorizes  them 
to  appoint  assistants,  who  are  not  officers  under  the  constitution 
because  Congress  has  no  right  to  confer  upon  the  marshals  the 
power  of  appointing  officers. 

What  is  the  present  case  ?  It  is  nothing  more  than  for  the  ad- 
justment of  claims,  which  to  all  intents  and  purpo.ses  legally,  arc 
now  pending  before  Congress.  It  is  a  congressional  business.  It 
is  not  a  claim  pending  before  the  Executive  department,  because 
it  is  admitted  on  all  hands,  that  the  way  in  which  those  claims  ac- 
crued was  irregular,  and  therefore,  that  neither  the  Executive  nor 
any  of  the  departments  can  adjust  them.  They  have  accrued  un- 
der no   known  law.     The    President    cannot  appoint   an  agent  to 


adjust  the  claims,  nor  could  he  adjust  them  himself,  if  they  were 
laid  before  him  to-day;  neither  could  one  of  his  subordinate  officers. 
It  is  a  business  exclusively  belonging  to  Congress.  It  is  pre- 
cisely like  the  matter  th'at  was  referred  to  Mr.  Sargent,  and  by  law. 
Tho  claims  then  are  before  Congress.  It  is  our  business  to 
adjust  them ;  and  we  propose  to  appoint  a  man  to  stand  between 
the  public  treasury  and  the  claimants,  and  see  that  justice  is  done 
to  them  and  the  government.  It  is  as  if  we  sent  the  matter  to  a 
committee.  It  is  precisely  like  the  investigation  and  examination 
of  our  own  personal  accounts  in  this  body.  They  are  claims 
which  have  no  validity  until  we  give  them  validity.  It  is  our  busi- 
ness. Well,  .shall  it  be  said  here,  that  in  a  matter  pending  before 
Congress  we  have  no  right  to  prescribe  the  mode  of  ascertaining 
the  truth  ? — that  we  cannot  assign  the  investigation  of  these  claims 
to  a  committee?  Why,  who  dare  assert  that  the  constitution  stands 
between  us  and  such  a  power  as  that  ?  None,  sir.  We  can  pass 
a  resolution  this  very  hour,  instructing  the  Judiciary  Committee 
to  do  the  very  thing  that  it  is  proposed-  that  these  men,  that  are 
named  in  the  bill  shall  do,  and  that  because  it  is  our  business  and 
not  the  Executive's.  We  are  here  to  adjust  claims,  which  we  are 
under  no  legal  but  a  high  moral  obligation  to  pay,  and  which  be- 
cause under  no  legal  obligation,  cannot  go  before  the  Executive 
department.  If  this  case  were  now  before  us  in  the  form  of  a  me- 
morial, could  we  not  refer  the  claims  to  some  committee  of  this 
body,  to  do  the  same  thing  these  men  are  required  to  do  ?  Shall 
we  be  told  that  it  is  the  business  of  the  Executive  ?  This  is  all  I 
that  I  intended  to  say  on  the  subject,  but  if  I  were  to  indulge  my- 
self in  commenting  upon  the  events  out  of  which  this  claim  grew, 
I  should  be  inclined  to  occupy  some  of  the  time  of  the  Senate,  in 
giving  my  opinion  in  regard  to  the  conduct  of  Lieut.  Colonel  Fre- 
mont, and  the  gallant  men  under  his  command.  But  that  opinion 
could  confer  nothing  upon  a  name  which  has  acquired  greater  re- 
nown in  this  country,  than  that  of  any  other  man  of  his  age  who  now 
breathes  its  air.  I  say,  sir,  that  Fremont  is — and  if  I  was  called 
on  to  speak  under  oath  on  the  subject,  I^ould  declare,  I  believe  him 
to  be  the  most  meritorious  man  of  his  age  now  living  in  this  coun- 
try. Nor  is  this  my  opinion  of  him  just  now,  or  recently  formed  ; 
for  at  the  opening  of  the  war  with  Mexico,  I  took  occasion  to  sug- 
gest his  name  in  connection  with  a  command  in  the  war  which 
wouhl  have  enabled  him  to  exert  that  military  genius  and  energy 
which  I  knew  him  to  possess,  and  by  which  he  would  have  confer- 
red yet  greater  services  on  his  country,  and  upon  his  own  name 
still  greater  renown. 

Mr.  BUTLER. — I  did  not,  the  other  day,  enter  into  the  debate 
in  any  spirit  of  controversy.  At  the  time  I  made  my  remarks  it 
was  understood  that  the  vote  was  about  to  be  taken,  and  all  that 
I  ir.tended  was  to  explain  my  views,  and  to  assign  the  reasons 
which  would  govern  my  vote.  I  then  said,  and  I  have  heard  noth- 
ing since  that  is  at  all  calculated  to  induce  me  to  change  my  opin- 
ion, that  the  gentleman  nominated  in  this  bill,  would  have  all  tho 
duties  and  more  than  the  authority  of  a  paymaster.  Place  the  mat- 
ter in  whatever  light  you  will,  his  duties  will  at  last  involve  those  of 
.a  pavmaster.  By  reading  one  or  two  lines,  I  believe  I  can  as  well 
illustrate  my  views  as  if  I  were  to  elaborate  them  for  half  an  hour. 
The  persons  named  are  to  allow  the  claims,  and  then  they  are  to 
be  paid  by  one  who  is  acknowledged  to  be  an  officer — to  be  ap- 
pointed as  all  other  officers  are — that  is  to  be  nominated  by  tho  Pre- 
sident, and  confirmed  by  the  Senate.  And  let  me  ask,  who  has  the 
greater  duty  to  perform,  he  who  audits  and  ascertains  what  shall 
be  paid,  or  the  paymaster  who  checks  out  the  money.  One  forms 
a  judgment  and  issues,  in  effect,  a  peremptory  order,  and  the  other 
is  obliged  to  obey  it.  To  say  that  a  man  who  is  simply  intrusted 
with  the  payment  of  money  shall  be  styled  an  officer,  whilst  those 
who  are  required  to  say  how  much  shall  be  paid,  and  to  whom, 
are  not  to  be  regarded  as  officers,  seems  to  me  to  involve  the 
mathematical  paradox  that  the  minor  can  contain  the  major  pro- 
position. The  difference  is  this  :  the  president  of  the  bank  orders 
the  note  to  be  paid,  and  the  cashier  nays  it;  yet,  according  to  the 
reasoning  of  gentlemen,  the  cashier  is  tho  only  officer.  You  can- 
not put  it  otherwise.  I  do  not  intend  to  chop  logic,  however;  I 
have  taken  a  palpable  view,  and  if  I  am  wrong  in  that,  I  am 
wrong  altogether.  My  view  is  this:  every  appointment  for  tho 
discharge  of  a  duty,  which  requires  judgment  and  discretion, 
in  the  administration  of  the  public  treasure  of  the  nation,  is  an 
office;  and  1  say  that,  from  the  humblest  paymaster,  who  pays  a 
private  soldier,  up  to  the  Secretary  of  the  Treasury — in  the  case 
of  every  appointee  whose  duty  it  is  to  administer  a  public  trust — 
he  is  an  officer.  I  recognize  a  distinction  between  this  and  the 
employment  of  a  man  to  do  a  specific  piece  of  work.  Let  it  bo 
put  in  this  way.  Let  us  ascertain  whether  the  duties  to  be  per- 
i'drmod  involve  a  trust.  Suppose  the  claimants  come  here  with 
their  petitions;  I  might  very  well  say  with  the  Senator  from  Ohio, 
we  could  investigate  the  claims  ;  but  admitting  that  we  could, 
we  may  grant  a  claim  directly,  by  our  committee,  but  the  moment 
we  appoint  an  agent  to'  reprqjfnt  us,  and  lo  have  vested  in  him 
such  duties  as  may  bo  imparted  and  delegated  by  legislativo  au- 
thority, it  constitutes  a  public  trust,  involving  official  duties  for 
tile  public.  Ho  then  should  have  a  power  of  attorney,  under  the 
i'onstiliition.  II'  a  coniiuissioner  were  to  be  appointed  to  tiecidc 
and  rcjKirt  on  all  claims,  I  take  it,  he  would  be  regarded  as  an 
important  officer.  If  a  commisionor  were  to  he  appointed  to 
sit  hero,  1  take  it,  it  would  bo  regarded,  and  very  properly, 
.as  a  high  office,  requiring  all  the  guaranties  of  the  consti- 
tution, beforo  it  could  go  into  operation.  Can  this  be  dis- 
tinguished  from   such   a  case  ?     If  such   a   trust  will  not  con- 


April  26.J 


CALIFORNIA  CLAIMS. 


539 


stitute  an  office,  I  confess  I  am  at  a  loss  to  know  what  is  suf- 
ficient. The  Senator  from  North  Carohna  said.  I  believe,  that  an 
office  involved  succession;  but  it  does  not  do  so  always.  That 
would  not  be  a  test  by  which  this  question  could  be  solved.  I  agree 
with  the  Senator  from  Connecticut,  that  no  appointment  should  be 
made  under  legislative  authority,  for  the  reason  that  there  would 
be  no  control  over  the  officer  Uuis  appointed.  Suppose  the  per- 
sons appointed  go  into  California  and  continue  their  investigations 
for  four  or  five  years.  If  they  are  appointed  by  the  President, 
their  appointment  may  be  revoked;  but  if  they  are  appointed  by 
tlie  legislative  department,  the  President  has  no  control  over  them. 
It  does  seem  to  mo  that  those  who  have  to  settle  these  claims 
have  much  higher  duties  involved  in  their  agency,  than  those  who 
are  merely  required  to  pay  them.  I  have  very  little  difficulty  in 
regard  to  the  subject.  It  seems  to  me  to  be  a  very  plain  matter, 
otherwise  I  would  not  have  supported  the  amendment. 

Mr.  CASS. — I  think  that  the  course  recommended  by  the  com- 
mittee is  the  correct  one.  One  point,  however,  has  been  touched 
upon  which  I  think  it  would  be  proper  to  mention.  These  opera- 
tions took  place  at  a  great  distance  off,  and  under  peculiar  circum- 
stances. A  great  responsibility  devolved  upon  the  officer  at  the 
head  of  the  expedition;  and  I  think  he  is  entitled  to  great  credit 
for  the  course  which  he  pursued  in  getting  possession  of  the 
country.  That  country  has  now  passed  under  our  jurisdiction; 
and  the  operations  which  took  place  have  thereby  been  legalized. 
Suppose  we  had  foreseen  what  has  taken  place  and  has  since 
been  adopted  as  our  act,  what  course  would  have  been  pur- 
sued in  regard  to  these  expenses  ?  The  officers  would  have  had 
nothing  more  to  do  than  issue  their  requisitions  to  the  quarter- 
master and  the  means  would  have  been  furnished,  and  the  ac- 
counts paid  on  the  spot  and  then  settled  by  the  proper  accounting 


officer  of  the  treasury.  Here  you  will  have  no;  only  the  requsi- 
tion  of  the  officer  in  command,  but  you  will  have  the  additional 
security  of  the  other  officers  in  the  investigation  of  the  propriety 
of  each  particular  expenditure.  These  accounts  must  be  settled, 
and  if  you  send  persons  unacquainted  with  the  condition  of  affaii-s 
under  which  the  claims  arose,  it  will  be  utterly  impossible  for  them 
to  arrive  at  proper  results.  We  all  know  how  easy  it  is  to  set  up 
spurious  claims  in  such  cases.  These  were  the  considerations 
which  operated  with  the  committee.  There  was  almost  a  parallel 
case  decided  in  regard  to  Florida,  a  case  embodying  the  very  prui- 
ciple  involved  in  this  case.  If  the  honorable  Senator  from  Ken- 
tucky has  got  that  act  in  his  possession  I  would  be  glad  if  he 
would  read  the  case. 

Mr.  CRITTENDEN.— The  Senator  from  Delaware  has  it  on 
his  table. 

Mr.  CLAYTON  read  from  the  act  of  3d  March,  1845,  "pro- 
viding pavment  for  certain  military  services  in  Florida." — Laws 
U.  S.,  V.  745. 

Mr.  BADGER. — I  believe  there  are  some  other  gentlemen  who 
desire  to  address  the  Senate  on  this  bill,  and  as  it  is  necessary  to 
have  a  brief  executive  session,  I  move  it  be  passed  over  informally. 

EXECUTIVE     SESSION. 

On  motion  by  Mr.  BADGER,  the  Senate  proceeded  to  the 
consideration  of  Executive  buciuest,  and  after  some  time  spent 
therein, 

On  motion, 

The  Senate  adjourned. 


540 


PETITIONS— RESOLUTIONS,  ETC. 


[Thursday, 


THURSDAY,  APRIL  27,  1848. 


PETITIONS. 

Mr.  DAVIS,  of  Massachusetts,  presented  the  petition  of  David 
Baker,  praying  an  extension  of  his  patent  for  an  improvement  m 
the  Curviliriear  saw-mill  ;  whioh  was  referred  to  the  Committee 
on  Patents  and  the  Patent  Office. 

Mr.  JOHNSON,  of  Maryland,  presented  the  petition  of  Richard 
T.Merrick,  an  officer  in  the  army,  setting  forth  the  loss  of  his 
vouchers  after  he  had  deposited  them  in  the  hands  of  the  proper 
accounting  oflicer  of  the  government,  and  pr.iying  the  settlement 
of  his  accounts  upon  the  principles  of  justice  and  equity  ;  which 
was  referred  to  the  Committee  on  Military  Affairs. 

Mr.  MOOR  presented  a  memorial  of  citizens  of  Ellsworth, 
Maine,  and  a  memorial  of  citizens  of  Bangor,  Maine,  remonstra- 
ting against  the  admission  of  lumber  cut  in  the  State  of  Maine, 
and  manufactured  in  the  British  Province  of  New  Brunswick,  into 
the  ports  of  the  United  States  free  of  duty  ;  which  were  referred  to 
the  Committee  on  Finance. 

Mr.  HALE  presented  a  petition  of  inhabitants  of  Winnebago 
county,  Illinois,  praying  the  enactment  of  a  law  prjiibiting  the 
acquisition  of  any  new  territory  by  the  United  States,  unless  on 
condition,  that  slavery  bo  forever  excluded  therefrom  ;  which  was 
referred  to  the  Committee  on  Foreign  Relations. 

Also,  a  petition  of  inhabitants  of  Winuebago  county,  Illinois, 
praying  that  two  slaves,  sold  to  satisfy  a  judgment  in  favor  of  the 
United  States  against  the  estate  of  a  debtor  to  the  government, 
may  be  emancipated,  and  the  money  refunded  to  the  purchases  ; 
also,  the  enactment  of  a  law  to  prohibit  the  sale  of  that  species  of 
property  for  any  debt  to  the  government,  and  to  forbid  the  holding 
of  slaves  by  any  officer  of  the  United  States  ;  which  was  referred 
to  the  Committee  on  the  Judiciary. 

Also,  a  petition  of  inhabitants  of  Winnebago  county,  Illinois, 
praying  the  repeal  of  all  laws  that  authorize  or  recognize  slavery, 
except  as  a  punishment  for  crime  ;  the  motion  to  receive  which, 
was  ordered  to  lie  on  the  table. 

On  motion  by  Mr.  MOOR,  it  was 

Ordered,  That  the  petition  of  the  heirs  of  John  Riggs,  deceased, 
on  the  files  of  the  Senate,  be  referred  to  the  Committee  on  Revo- 
lutionary Claims. 

INTERNATIONAL    EXCHANGES. 

Mr.  BENTON  submitted  the  following  resolution,  which  was 
considered,  by  unanimous  consent,  and  agreed  to  : 

Resolved,  That  the  Secretary  of  tire  Senate  be  authorized  and  directed  to  ptircliase 
one  hundred  copies  ofHickey's  edition  of  lire  constitution  of  the  L^iirted  States,  and  to 
iieiiv-er  the  same  in  the  name  of  the  Senate  of  tire  United  States  to  Mr.  Alexandre 
V'aueinare.of  Paris,  to  be  distributed  by  him  in  France,  according  to  his  system  of 
national  e.\clianges  of  books. 

.MANXTFACTURE    OF    FIRE-ARMS    FOR    THE    UNITED    STATES. 

Mr.  CLAYTON  submitted  the  following  resolution  for  con- 
sideration : 

Rexolrcil,  That  the  Secretary  of  War  be,  and  he  iiereby  is,  directed  to  report  to 
Congress — 

First. — How  many  ptiblic  armories  there  are  belonging  to  the  United  States  in  which 
firearms  are  manufactured,  and  where  the  same  are  located,  and  the  date  of  com- 
mencing tnannfacturing  operations  in  each. 

Second. — How  much  actual  capital  is  and  has  been  invested  in  such  armories;  and 
wliat  proportion  in  each  for  sites,  buildings,  power,  permanent  machinery,  etc.;  speci- 
fying the  amounts  under  separate  heads  to  date  of  report. 

Tliird. — How  much  money  has  been  expended  annually  in  each  of  said  armories  for 
the  mnnufacture  of  arms,  in  salaries,  wages,  and  materials,  or  in  any  of  the  elements 
entering  into  all  the  current  expenses  ol  manutactnring  such  arms,  independently  of 
lixed  capital  and  the  interest  thereon. 

Fourth. — How  many  small  arms  have  been  produced  annually  from  each  of  the  said 
armories,  all  the  cost  of  construction,  and  how  manyof  llie  various  descriptions  of 
arms,  and  of  what  descriptions,  are  now  in  serviceable  condition. 

Fifth. — What  number  of  arms  have  been  condemned  from  time  to  time,  and  what 
disposition  lia-s  l,een  made  of  condemned  arms  at  the  government  armories,  and  if  sold, 
at  what  prices. 

Sixth. — How  many  small  arms  and  munitions  of  war  have  been  procured  from 
other  sources  than  from  the  government  armories;  and  from  wliat  sources  and  in  what 
amounts;  it  by  private  contracts,  at  what  prices  for  each  description;  if  from  other 
governments,  fiom  which  and  at  what  iirice. 

VENTILATION   OF   VESSELS. 

Mr.  DAVIS,  of  Massachusetts,  from  the  Committee  on  Com- 
merce, to  whom  was  referred  the  bill  from  the  House  of  Repre- 
sentatives to  provide  for  the  ventilation  of  passenger  vessels  and 
for  other  purposes,  reported  it  with  amendments. 

On  motion  by  Mr.  DAVIS,  of  Massachusetts,  it  was 

Ordered,  That  the  further  consideration  of  said  bill  be  post- 
poned to,  and  made  the  order  of  the  day  for,  Monday,  the  1st  of 
May. 


FOREIGN   MAILS. 


Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  to  whom  was  referred  the  bill  from  the  House  of  Repre- 
sentatives to  amend  the  act  to  provide  for  the  transportation  of 
the  mail  between  the  United  States  and  foreign  countries,  and  for 
other  purposes,  leported  it  with  amendments. 

THE    PRIVATE    CALENDAR. 

Mr.  MASON  gave  notice  that  on  to-morrow,  at  one  o'clock,  ho 
will  move  to  proceed  to  the  consideration  of  private  bills  upon  the 
calendar,  and  devote  the  remainder  of  the  day  thereto. 

PAYMENT    OF   INTEREST    TO    ALABAMA. 

Mr.  BAGBY  moved  to  postpone  prior  orders,  in  order  to  pro- 
ceed to  the  consideration  of  the  bill  authorizing  the  payment  of 
interest  on  the  amount  advanced  by  the  State  of  Alabama  to  the 
general  government  pending  the  Creek  hostilities  in  1836  and  '37. 

Mr.  PEARCE  remarked  that  he  desired  to  offer  an  amendment 
to  the  bill,  and  wished  that  the  consideration  of  the  bill  might  be 
postponed  till  another  day,  in  order  that  he  might  prepare  his 
amendment  which  had  for  its  object  the  extension  of  the  general 
principle  of  the  bill. 

Mr.  BAGBY  said  that  at  the  hazard  of  a  Httle  seeming  unkind- 
ness  to  the  Senator,  he  must  press  the  motion.  A  postponement 
of  the  bill  would  be  tantamount  to  its  defeat  at  this  session,  and 
he  wotdd  take  the  liberty  of  suggesting  that  his  friend  from  Mary- 
land, who  did  not,  as  he  understood,  object  to  the  bill,  could  in- 
troduce his  proposition  in  the  form  of  a  separate  bill. 

Mr.  PEARCE  had  no  desire  to  delay  action  on  the  bill  ;  but  he 
regarded  it  as  manifestly  proper  that  the  principle  should  be  made 
applicable  to  other  Stales. 

Mr.  MANGUM  said  that  the  bill  should  be  allowed  to  remain 
in  its  present  position. 

Mr.  BAGBY  reiterated  his  apprehension  that  if  the  proposition 
of  the  Senator  from  Maryland  were  connected  with  the  bill,  it 
would  lead  to  fatal  delay. 

The  question  was  then  taken  upon  the  motion  to  postpone  the 
prior  orders,  for  the  purpose  of  taking  up  the  bill  named,  and  it 
was  determined  in  the  affirmative. 

The  Senate  proceeded  to  consider  said  bills,  as  in  Committee  of 
the  Whole,  and  the  amendments  reported  from  the  Committee  on 
Finance  were  agreed  to. 

No  further  amendment  being  made,  the  bill  was  reported  to  the 
Senate,  and  the  amendments  were  concurred  in. 

The  question  upon  ordering  the  biU  to  be  engrossed  and  read  a 
third  time — 

Mr.  PEARCE  explained  that  his  amendment  would  not  in  the 
least  militate  against  the  bill.  As  the  bill  had  been  taken  up  out 
of  its  order  he  was  not  prepared  with  his  amendment.  All  that 
he  desired  was  to  make  the  principle  of  the  bill  applicable  to  Ma- 
ryland and  other  States  similarly  situated. 

After  a  brief  conversation  in  which  Messrs.  Bagby,  Atherton, 
R.  Johnson,  and  Phelps  took  part,  relative  to  the  circumstan- 
ces in  which  the  claims  of  the  State  of  Alabama  provided  for  in  the 
bill,  arose, 

Mr.  PEARCE  asked  that  the  bill  be  passed  over  informally. 

Mr.  BAGBY  acquiesced  in  order  to  allow  the  Senator  to  pre- 
pare his  amendment. 

The  said  bill  was  then  passed  over  informally. 

PORTRAIT  OF  GENERAL  TAYLOR. 

The  Senate  proceeded  to  consider  the  following  resolution, 
submitted  yesterday  by  Mr.  Badger  : 

Jicsotred.  That  the  Committee  on  the  Library  be  instructed  to  purchase  the  full 
length  original  portrait  of  General  Zacliary  Taylor,  painted  by  WiUiam  G.  Brown  of 
Richmona,  if  the  same  can  be  obtained  at  a  price  deemed  by  the  Committee  10  b^ 
reasonable. 

Mr.  HALE. — I  desire  to  know  whether  it  be  in  order  to  address 
such  an  order  to  the  joint  committee  ? 

The  PRESIDING  OFFICER.— It  is  addressed  to  the  Library 
Committee  of  the  Senate  only. 

Mr.  HALE. — I  move  that  the  resolution  be  laid  on  the  table. 

Mr.  HANNEGAN.— I  beg  ;to  ask  one  question.  Has  there 
ever  been  n  full  length  likeness  of  General  Washington  or  of  Gen- 
eral Jackson  ordered  by  Uie  Senate  ? 


April  27.] 


PORTRAIT  OF  GENERAL  TAYLOR. 


541 


Mr.  BADGER.— I  do  not  know  that  there  has  been. 
The  yeas  and  nays  were  then  demanded  on  the  question,  and 
being  seconded  were  ordered,  and  taken  wththe  following  result: 
YEAS  -Me«rs.  AUen.  Atchison,  Atherton,  Bright,  Felch,  Hale,  Hannegan,  Ma- 

'°"^l{W^'kI:ridi:XX7ik  Bor.a.a,  Cameroa.  aatkeCayto,,,  Crit- 
tenden Davis,  of  Massachusrtts,  Davton.  Johnson,  ol  Maryland,  Johnson,  of  Geor- 
pa,  Mangam,  Moor,  Niles,  Phelps,  Spraance,  Upham,  Westcotl-19. 

The  question  recurring  on  the  adoption  of  the  resolution- 
Mr.  HANNEGAN   moved   to   amend    it   by  striking  out  the 
words  "General  Zachary  Taylor,"  and  inserting  "Generals  George 
Washington,    Andrew    Jackson,   Winfield    Scott,    and    Zachary 
Taylor." 

Mr.  HALE.— I  move  to  amend  the  amendment  as  follows  : 

Add  "and  all  the  full  length  portraits  of  all  the  Generals  in  the  American  army." 
Mr.  UNDERWOOD.— I  desire  to  make  a  very  .''ew  remarks  on 
this  motion.  I  voted  m  favor  of  laying  this  proposition  on  the  ta- 
ble in  order  to  avoid  what  we  just  now  witnessed,  and  what  you 
will  always  witness  whenever  a  measure  of  this  sort  is  introduced. 
I  protest  against  the  introduction  into  this  body  of  any  movement 
of  this  character,  beoause  calculated  to  e.\cite  the  heated  feelings 
and  partizan  views  of  the  members.  We  are  sent  here,  as  I  be- 
lieve, to  legislate  for  the  great  interests  of  the  American  people 
and  not  to  occupy  ourselves  in  purchasing  pictures  to  form  a  pic- 
ture gallery.  We  do  not  come  here  for  the  purpose  of  naming  one 
popular  man  to  the  exclusion  of  others,  thus  exciting  debate  as  to 
who  is  most  deserving  of  honor  and  distinction.  If  Gen.  Taylor  re- 
ceive the  nomination  "for  the  Presidency  I  feel  very  certain  that  I  shall 
vote  for  him.  I  will  yieli  to  no  gentleman  on  this  floor  in  admiration 
of  Gen.  Taylor.  I  hope  I  have  also  a  deep  feeling  of  gratitude  to 
the  "  father  of  his  country."  Although  politically  opposed  to  Ge- 
neral Jackson,  yet  I  respect  and  admire  his  character.  So  with 
regard  to  Gen.  Scott.  There  are  many  others  that  I  might  name, 
for  whom  I  entertain  the  same  feelings,  but  without  further  re- 
mark I  beg  to  submit  that  the  resolution  is  inexpedient. 

Mr.  HANNEGAN— (in  his  seat.)— There  is  General  Butler 
from  your  own  State. 

Mr.  UNDERWOOD. — Yes,  and  a  schoolmate  and  associate, 
and  a  man  whom  I  am  proud  to  say  here  and  every  where,  all 
must  respect  for  his  honesty  and  elevated  character,  however  they 
may  differ  from  him  in  political  matters.  I  ask,  sir,  if  we  have 
not  already  seen  enough  to  convince  us  of  the  impropriety  of  di- 
verting our  attention  from  the  legitimate  business  of  the  country, 
in  order  to  select  individuals  on  whom  to  bestow  honor  and  dis- 
tinction ? 

Mr.   BADGER.— I  had   not   the  slightest  expectation  when  I 
presented  this  resolution,  either  that  it  would  produce  or  was  cal- 
culated to  produce  any  species  of  excitement.     I  offered  this  reso- 
lution for  the  purchase  of  a  portrait  of  Gen.  Taylor  because  we 
can  obtain  one  which   is  said  to  be  an  excellent  likeness,  painted 
from  life.     It  is   now  exhibted  in  the  rotunda  of   the  capitol,  and 
there  seemed  to  me  to  be  a  very  evident  propriety  in  the  govern- 
ment obtaining  possession  of  it.     I  hold  that  there   is  no  member 
of  this  body   who  does   not  know,  that  every  American  citizen  is 
ready  to  acknowledge  that   that  distinguished  and  illustrious  gen- 
eral, has,  by  his  military  services,  shed  unfading  lustre  on  the  arms 
and  character  of  our  country.     And  I  assure  my  friend  from  Indi-^ 
ana  that  when  he  brings  forward  his  resolution  for  the  purpose  of 
purchasing  a  full  length  portrait  of  the  "  fatlier  of  his  country,"  of 
Gen.  Jackson,  and  of  Gen.  Scott,  he  will  not  And  me  in  the  slightest 
degree  disposed  either  to  withhold  ray  assent  from  his  proprsol,  or 
to  embarrass  it  by  throwing  around  it,  propositions  not  calculated 
to  advance  his  object.     The  amendment  which  he  proposes  makes 
the  resolution  absolutely  nonsensical.     The  resolution  has  for  its 
object  the  purchasing  of  a  certain  full  length  portrait  of  General 
Taylor,  executed  by  a  particular  artist.     It  does  not  designate  an 
individual  who  is  to  execute  a  portrait,  but  it  directs  the  purchas- 
ing of  this  portrait.     Now  the  resolution  would  be  perfectly  absurd 
if  a  provision   were  introduced  into  it,  that  there  are  other  por- 
traits to  be  purchased,  to  be  executed  by  this  artist.     I  was  in 
hopes   that  my   friend  from   Indiana  would  have  allowed  it  to  be 
adopted  without  embarrassing  it  with  this  amendment.     I  assure 
him  that  he  cannot  introduce  a  proper  resolution  to  testify  respect 
for  any  distinguished   gentleman  without  receiving  ray  hearty  ap- 
probation.    Now  with  regard  to  the  objection  of  ray  friend  from 
Kentucky,  that  the  Senate  came  here  to  attend  to  the  great  inter- 
ests of  the  American  people,  it  meets  my  hearty  concurrence.     I 
agree  to  it  out  and  out.     I  do  assure  him  that  I  never  entertained 
a  contrary  opinion  in  my  life,  but  when  he  says  that  we  were  not 
sent  here  for  the  purpose  of  forming  a  picture  gallery,  does  he  re- 
collect that  he  is  pronouncing  a  solemn  judgment  of  censure  upon 
the   American  Congress,  almost  from  the  commencement  of  the 

fovernment?  lam  sure,  observant  as  he  is,  he  cannot  so  often 
ave  passed  from  this  chamber,  to  the  other,  or  when  a  member 
of  it,  from  that  House  to  this  chamber,  without  seeing  that  we 
have  been  actually  engaged  in  preparing  a  picture  gallery.  And 
what  is  a  very  remarkable  circumstance,  so  far  from  thinking  it 
beneath  the  dignity  of  an  American  legislature,  sent  here  to  at- 
tend to  the  national  interests,  we  have  purchased  many  por- 
traits and  busts  for  the  purpose  of  adorning  this  edifice. 

Mr.  DAYTON,  (in  bis  seat.)— Not  exactly  "adorning"  it ! 


Mr.  BADGER.— The  gentleman  says  not  for  the  purpose  of 
adorning  the  edifice.  Well,  that  is  a  matter  of  taste.  But  we 
have  gone  farther.  We  have  not  only  been  in  the  habit  of  pur- 
chasing pictures,  portraits  of  individuals,  and  plaein"  them  in  our 
halls-  but  we  have  also  purchased  statues  not  intended  to  repre- 
sent American  citizens  at  all,  and  sculpture  not  like  any  thing  in 
the  heaven  above  nor  on  the  earth  beneath  nor  in  the  waters  under 
the  earth.  So  that  I  must  be  permitted  to  say  that  the  objection 
of  the  Senator  from  Kentucky  has  been  made  rather  late  in  the 
day.  I  proposed  the  resolution  in  good  faith,  and  I  hope  that  my 
friend  will  not  insist  on  complicating  it  with  any  amendments,  but 
that  the  sense  of  the  Senate  will  be  taken  immediately  upon  it. 


Mr.  ALLEN  rose,  but  yielded  to 

Mr.  HANNEGAN,  who  said:  I  am  confident  that  there  is  no 
American  any  where,  be  he  who  he  may,  who  holds  in  higher  es- 
teem than  I  do  the  eminent  services  of  General  Taylor.  His  pa- 
triotism, his  valor,  his  good  conduct  upon  all  occasions  have  won 
my  sincerest  regard.  But  to  my  mind,  sir,  there  is  something  in- 
vidious in  the  proposition  before  the  Senate.  A  Presidential  elec- 
tion is  approaching  and  the  name  of  that  distinguished  soldier 
stands  prominently  among  the  list  of  tiiosc  who  aspire  to  the  pos- 
session of  that  empty  bubble.  It  is  for  that  reason,  in  the  first 
place,  that  I  regarded  this  resolution  as  out  of  place.  But  again, 
it  sio-iializes  General  Taylor  above  all  the  illustrious  men  that  have 
ador'ned  your  country's  history.  What  is  the  proposition?  To  buy 
the  full  length  portrait  of  General  Taylor  and  suspend  it,  I  sup- 
pose in  one  of  the  panels  of  the  rotunda,  or  perhaps  in  the  Senate 
chamber,  excluding  the  "father  of  his  country,"  Marion,  Erin's 
trusted  son,  Wayne,  Lincoln,  and  he  who  fell  first  at  Bnnker  Hill ! 
Where  have  you  full  length  portraits  of  the.se  heroic  men  ?  Let 
me  say  here,  that  I  have  never  seen  but  one  life-like  full  length 
potrait  of  the  "Father  of  his  country"— taken  in  the  vigor  of  life 
in  the  bloom  of  manhood— just  after  the  close  of  the  revolution- 
ary war.  Has  the  nation  purchased  that  picture  ?  Has  any  man 
asked  the  nation  to  purchased  it  ?  It  was  on  occasion  of  an  acci- 
dental visit  to  Princeton,  in  New  Jersey,  that  I  had  the  pleasure 
of  beholding  this  soul-stirring  picture— Princeton,  where  his  fame 
first  be<'an"to  approach  that  proud  and  glorious  zenith  from  which 
it  neverreceded  !  In  the  college  hall  of  that  respectable  institu- 
tion I  saw  this  inestimable  portrait,  gracing  the  very  frame  from 
which  the  likeness  of  George  the  III  was  struck  by  a  cannon  ball 
in  the  battle  of  Princeton.  The  portrait  was  taken  at  private  ex- 
pense; and  it  is  the  only  life-like  full  length  portrait  of  the  "Father 
of  his '  country,"  taken  in  '83.  Not  one  human  being  has  ever  ap- 
plied to  Congress  to  bring  it  here  to  adorn  these  walls  !  And 
now,  sir,  I  am  reminded  of  what  I  saw  last  Saturday  amid  the 
hallowed  shades  of  Mount  Vernon.  On  a  visit  to  that  sacred 
spot,  I  saw  what  is  called  a  Sarcophagus,  of  American  marble, 
and  I  like  it  none  the  less  for  that,  though  it  is  not  perhaps  as 
fine  as  the  Parian  marble  !  and  on  the  stone  which  resting  on  poor, 
crumbling  brick- work,  covers  the  ashes  of  Washington  and  his 
wife,  sleeping  side  by  side,  I  found  this  inscription  : 

"By  the  pernii^siou  of  Lawrence  Lewis,  the  surviving  e.\ecutor   of  George  Wash- 
ington.    This  sarcophagus  is  presented   by  John  Sttuthers,  of  Philadelphia,  marble      ' 
mason,  A.  D.,  1837." 

"By  John  Struthers,  of  Philadelphia."  I  reverence  the 
man  who  had  heart  enough  to  do  it  for  the  "  Father 
of  his  country!"  But  talk  not  to  me  of  patriotism  upon 
an  occasion  of  this  kind,  so  long  as  the  representatives  of  the 
country  into  which  he  absolutely  breathed  existence,  and  to  which 
he  o-ave  all  the  glory  of  his  imperishable  name,  have  left  to  an 
obscure  private  individual  the  erection  of  his  tomb  !  And  now 
you  propose  to  select  a  living  man  and  an  aspirant  to  the  Presi- 
dency, his  heart  warm  and  beating,  and  signalize  him  by  this  public 
mark  of  distinction  !  Well,  perhaps  I  too  may  vote  for  him — I  do 
not  know — it  is  impossible  in  these  times  of  change  to  tell  what 
men  may  do  !  But  I  do  maintain  that  there  is  an  indelicacy  in 
this  proposition  which  must  prevent  me  from  giving  it  my  ap- 
proval. Where  is  your  monument  to  the  memory  of  Washington  < 
To  you,  "Old  Virginia,"  I  look  for  the  removal  of  the  stain  which 
this  neglect  has  affixed  upon  us!  You  will  not  surrender  his 
ashes — and  you  never  should — bnt  you  alone  should  give  him  a 
monument  that  should  tower  to  the  skies  ! 

Mr.  BADGER. — I  beg  to  make  an  explanation  in  regard  to  the 
remarks  of  the  Senator  from  Indiana,  but  I  do  not  propose  to  enter 
into  any  animated  discussion  on  this  subject.  I  do  not  see  any  ne- 
cessity for  that,  though  I  listened  with  great  pleasure  to  ray  friend 
from  Indiana.  The  resolution,  as  I  have  already  remarked,  does 
not  propose  that  a  full  length  portrait  should  be  executed.  It  is 
simply  a  proposal  to  purchase  a  full  length  portrait  which  happens 
to  be  here. 

Mr.  HANNEGAN— (in  his  seat.)— Why  not  buy  the  full  length 
portrait  of  Washington  from  Nassau  Hall,  and  that  of  Jackson 
from  New  Orleans  ? 

Mr.  BADGER.— The  proposition  was  made  by  me,  because 
there  were  friends  of  Gen.  Taylor  here  who  said  that  this  is  an 
excellent  likeness.  Now,  if  there  be  no  objection  to  the  propriety 
of  this  thing  in  itself,  why  not  adopt  the  resolution  ?  I  do  not 
know  where  the  full  length  portrait  of  Gen.  Jackson  which  it  is 
proposed  to  purchase  by  ray  friend  from  Indiana,  is  to  be  ob tamed. 

Mr.  BUTLER— (in  his  seat.)— What  picture  do  you  propose 
to  buy  ? 


542 


PORTRAIT  OF  GENERAL  TAYLOR. 


[Thursday, 


Mr.  BADGER.— The  full  length  portrait  of  Gen.  Taylor,  now 
in  the  rotunda. 

Mr.  HANNEGAN— (in  his  seat.)— A  burlesque  of  him  I  have 
no  doubt ! 

Mr.  BADGER.— Well,  it  may  be  so  ;  but  his  friends  say  it  is 
an  accurate  likeness. 

Mr.  UNDERWOOD.— My  friend  from  North  Carolina  suppo- 
ses  that  ray  faculties  of  observation  are  very  obtuse. 

Mr.  BADGER— (in  his  seat.)— Quite  the  contrary. 

Mr.  UNDERWOOD.— He  supposes  that  I  cannot  have  noticed 
the  other  pictures  in  the  rotunda,  and  the  statuary  which  adorns 
the  capitol. 

Mr.  BADGER— (in  his  seat.)— Or  deforms  it ! 

Mr.  UNDERWOOD.— Or  deforms  it,  then.  Now,  I  think  there 
is  a  manifest  distinction  between  the  preposition  of  the  gentleman 
and  the  case  of  these  pictures.  The  panels  in  the  rotunda  were 
expressly  designed  for  pictures,  and  I  regard  those  historical  paint- 
ings as  altogether  distinct  from  the  formation  of  a  pictui-e  gallery. 
I  think  that  this  innovation  on  the  practise  of  the  government  with 
regard  to  this  matter,  is  most  inopportunely  commenced  in  the  case 
of  the  living  instead  of  the  dead.  No  one's  epitaph  ought  to  be 
written  till  after  his  death.  We  ought  to  be  cautious  in  our  com- 
mendations of  those  who  are  alive,  and  particularly  those  who  are 
situated  as  General  Taylor  is  at  present.  It  does,  as  my  friend 
from  Indiana,  says,  look' somewhat  invidious — a  little  like  render- 
ing personal  homage  to  the  man  in  consequence  of  the  position 
which  he  now  occupies  before  the  American  people.  As  I  have 
already  intimated,  I  feel  deeply  interested  in  every  thing  that  re- 
lates to  General  Taylor.  He  is  a  great  favorite  of  mine  ;  but  I 
dislike  movements  of  this  sort,  in  the  face  of  the  American  peo- 
ple, at  this  particular  juncture,  selecting  him  in  preference  to  the 
"Father  of  his  Country"  or  any  of  the  great  men  of  the  past.  I 
think  the  proposition  had  better  be  dropped.  Not  that  I  would 
for  a  moment  suggest  the  propriety  of  doing  so,  in  order  to  pre- 
vent the  remarks  which  might  be  made  upon  our  conduct  if  we 
■were  to  adopt  the  resolution.  I  would  not  myself  be  influenced  by 
any  such  intimidation,  and  I  am  equally  confident  that  it  would 
not  operate  on  any  member  of  that  body.  But  I  think  that  it  will 
be  altogether  in  better  taste  to  set  aside  the  proposition.  It  may 
be  that  the  adoption  of  a  system  of  this  kind,  for  the  decoration 
of  our  public  buildings  here  with  portraits  of  distinguished  citi- 
vens  here,  would  stimulate  laudable  ambition  ;  but  I  am  rather 
inclined  to  think  that  it  would  strike  the  American  people  with 
some  surprise.  * 

Mr.  ALLEN. — This  resolution  does  not,  I  believe,  purport,  to 
be  a  joint  resolution,  though  it  is  addressed  to  a  joint  committee, 
and  there  is,  therefore,  as  I  understand,  some  irregularity  in  it. 
But  if  the  Senate  be  disposed  to  overlook  the  irregularity,  I  have 
no  particular  objection  to  going  into  the  business  of  commemora- 
ting the  achievements  of  the  generals  of  the  republic  in  painting, 
executed  at  the  public  expense,  provided,  that  in_  order  to  avoid 
even  the  appearance  of  injustice  to  some  while  doing  justice  to 
others,  the  resolution  be  made  sufficiently  comprehensive.  To  be 
such,  it  ought  to  contain  within  itself  something  like  a  system  un- 
der which  the  government  may  act  hereafter,  and  for  that  purpose 
I  move  to  strike  out  all  after  the  word  "instructed"  and  to  insert  the 
following  : 

"To  procure  to  be  provided  and  placed  in  the  Rotunda  full  length  portraits  of  all 
tile  Generals  of  the  republic  who  may,  as  generals-in  chief  in  tields  of  battle,  have 
achieved  victories  for  which  they  have  received  the  thanks  of  Congress." 

Mr.  DAYTON. — It  is  no  part  of  my  purpose,  sir,  to  embark  in 
this  argument.  I  merely  desire  to  say  in  reply  to  my  friend  from 
Indiana,  that  with  some  knowledge  of  the  feelings  of  those  gen- 
tlemen who  control  the  institution  of  Nassau  Hall,  the  federal  go- 
vernment is  not  rich  enough  to  purchase  the  full  length  portrait  of 
Washington  to  which  the  gentleman  alludes. 

Mr.  HANNEGAN,  (in  hi^  seat.) — I  do  not  believe  it  is. 

Mr.  DAYTON. — It  is  within  the  bounds  of  possibility  that  if 
that  should  turn  out  to  be  the  only  full  length  portrait  of  General 
Washington,  and  at  any  time  hereafter  it  should  become  a  matter 
of  necessity  to  the  federal  government  to  have  such  a  portrait 
here,  it  might  be  presented  by  that  institution  to  the  government. 
But  as  a  question  of  dollars  and  cents,  of  buying  and  selling,  it  is 
not  a  thing  to  be  thought  of  between  the  parties.  My  purpose 
wa«  to  make  that  single  remark,  and  to  say,  that  for  one  I  am  al- 
ways ready  to  grant  these  little  appropriations  for  the  purpose  of 
distinguishing  our  illustrious  men.  I  would  be  glad  it  the  federal 
government  could  obtain  the  full  length  jiortraits,  or  any  other  me- 
morial, of  all  the  Presidents  of  the  United  States,  and  any  other 
men  who  stand  a  head  above  their  fellows — whether  it  is  Jackson, 
Taylor  or  Scott. 

Mr.  HANNEGAN. — Will  the  Senator  allow  me  to  ask  hun  a 
question?  Why  distinguish  soUliors  above  statesmen?  Where  are 
your  portraits  of  the  two  Adams — of  Jetfcrson — of  Madison — of 
Monroe, — of  a  living  man,  Martin  Van  Buren,  who,  although  you 
did  not  support  him,  you  must  admit  has  rendered  the  most  emi- 
nent services  to  his  country? 

Mr,  DAYTON. — May  I  beg  to  roinind  the  Senator  that  that  very 
iremark  proceeded  from  my  lips.  I  said  that  1  should  be  most  happy 
f  the  federal  government  .should  procure  portraits  of  every  one  of 
those  eminent  civilians.  There  are  many  whom  1  could  iiauiej 
Alexander  Hamilton,  for  instauoe,— — 


-(In  his  seat.)    Yes,  and  John  Hancock, 


Mr.  HANNEGAN,- 
and  Henry  Clay. 

Mr.  DAYTON. — And  many  'more — republican  and  federal — 
whig  and  democrat,  t  should  gladly  see  their  portraits  here,  in- 
stead of  the  statue  of  Columbus,  looking  like  a  man  rolling  nine- 
pins, and  the  girl  frightened,  lest  the  ball  should  fall  on  her  toes  ! 
And  it  seems  that  the  opposite  pedestal  is  to  receive  another 
groupe  in  equally  good  taste — a  groupe  of  four  figures,  illustrating 
the  "triumphs  of  eivUization  over  savage  life," — a  female  protecting 
a  child,  and  standing  over  her,  a  savage  with  a  raised  toma- 
hawk, and  behind  the  latter,  a  white  man  holding  back  his  arm  '. 
Certainly,  I  should  greatly  prefer  making  an  appropriation  to  dec- 
orate the  capitol  with  portraits  of  eminent  citizens,  rather  than 
with  such  "works  of  art !"  But  I  did  not  intend  to  trespass  on  the 
time  of  the  Senate. 

Mr.  HALE. — I  think  that  this  discussion  must  convince  the 
country  of  the  present  extraordinary  redundance  of  great  men  ! 
1  hey  seem  to  spring  up  on  all  hands.  I  have  been  revolving  in 
my  mind  some  plan  by  which  the  homage  which  is  to  be  paid 
them,  may  find  a  proper  merit.  Let  a  standing  committee  "on 
GREAT  men"  be  appointed,  whose  business  it  will  be  to  report  to 
us  at  each  session  of  Congress  !  The  Senator  from  Indiana  has  , 
alluded  to  the  neglect  with  which  the  "Father  of  hLs  Country" 
has  been  treated.  It  has  been  worse  than  neglect  '■  We  have  not 
only  neglected  to  purchase  any  full  length  portrait  of  Washing- 
ton, but  we  have  disgraced  the  most  beautiful  grounds  in  the  coun^ 
try  with  one  of  the  most  ill-conceived  statues  I  have  ever  beheld. 
I  allude  to  Greenough's  statue.  It  resembles  rather  some  one  of 
the  heathen  deities,  which,  I  can  hardly  say,  for  it  is  sometime 
since  I  looked  into  Tooke. 

A  Senator. — Jupiter  Tonans  ! 

Mr.  HALE. — And  a  very  poor  one  at  that !  But  this  discus- 
sion has  disclosed  another  fact,  that  while  there  are  so  many  illus- 
trious men  whose  ears  are  forever  closed  to  the  voice  of  censure  or 
applause,  an  attempt  is  made  to  select  a  living  man  with  whose 
likeness  to  decorate  these  halls  !  Sir,  I  belive  that  it  is  quite  time 
enough  to  talk  of  thus  distinguishing  men  when  they  have  passed 
through  all  the  trying  vicissitudes  of  life.  I  cordially  concur  with 
the  gentlemen  from  Indiana  and  New  Jersey,  that  we  should  look 
to  the  walks  of  civil  life  for  objects  of  respect  and  homage.  I  go 
farther.  There  is  at  this  moment  in  our  land  a  female  who  has 
done  more  for  humanity,  Christianity,  and  the  elevation  of  man 
above  all  that  atllicts  and  degrades  him,  than  a  thousand  so-called 
heroes.  I  refer  to  that  illustrious  woman  whose  "  works  of  mer- 
cy and  labors  of  love"  are  known  all  over  the  land,  and  through 
whose  exertions  an  hospital  for  the  insane  has  recently  been  com- 
menced in  the  State  of  Tennessee — Miss  Dorothea  Dix — a  ikame 
which  will  live  so  long  as  all  that  is  most  estimable  in  human  na- 
ture shall  command  the  respect  ol  mankind  ! 

If  in  order,  sir,  I  move  to  lay  this  whole  subject  on  the  table. 

The  motion  was  decided  in  the  affirmative  by  yeas  and  nays  as 
follows  : 

YEAS. — Messrs,  Allen,  Atchison,  Atherton,  Bentou,  Breese,  Bright,  BuUer, 
Douglas,  Felch,  Hale,  Hannegan.  I,ewjs,  Mason,  Niles,  Pearce,  Rusk,  Spruance, 
Sturgeon,    Turney,  Underwood,  and  Yulee. — '21 

NAYS— Messrs.  Badger,  Bagby,  Bell,  Borland,  Cameron,  Clarke,  Clayton,  Crit- 
tenden, Davis,  of  Massachusetts,  Dayton,  Foote,  Greene,  Johnson,  of  Maryland, 
Uphain,  and  Westcott — Ij. 

THE  CALIFORNIA  CLAIMS. 

The  Senate  then  resumed  the  consideration  of  the  bill  for  ascer- 
taining and  paying  the  California  Claims. 

Mr.  MASON  briefly  replied  to  the  remarks  of  the  Senator  from 
Missouri,  contending  that  the  constitutional  objection  to  the  bill 
had  not  been  at  all  obviated  by  the  amendment  reported  by  the 
committee,  and  of  course  his  argument  against  the  bill  was  unaf- 
fected by  it.  The  Senate  would  determine  whether  he  was  right 
in  his  view  of  the  constitutional  question.  As  to  the  precedents 
relied  upon  by  the  Senator  from  North  Carolina,  he  had  shown  that 
they  were  not  at  all  appropriate  to  the  present  ease.  He  need  not 
remind  the  Senator,  that  in  a  court  of  law  there  was  no  authority 
but  that  of  a  decision  of  an  appellate  court  upon  the  point  in  ques- 
ioii.  Short  of  that,  the  decisions  of  courts  were  only  persuasive, 
and  entitled  to  respect.  All  he  desired  in  this  case  was,  to  impose 
all  the  safeguards  which  the  constitution  provided. 

Mr.  CLARKE  then  addressed  the  Senate  at  length  in  favor  of 
the  bill.     His  speech  is  given  in  the  Appendix. 

Mr,  RUSK. — I  desire  to  trespass  on  the  patience  of  the  Senate 
for  a  moment  only  before  the  vote  is  taken.  It  seems  to  me 
that  if  any  question  can  be  settled,  the  constitutional  difficulty 
hero  has  been.  We  find  in  cases  precisely  similar,  that  Congress 
some  seven  or  eight  times  has  acted  just  as  this  bill  proposes,  by 
referring  claims,  for  the  purpose  of  ascertaining  their  justice,  to 
persons  who  are  not  otiicers  of  the  government,  and  such  refer- 
rence  has  never  been  considered,  so  (tit  as  the  legislation  of  Con- 
gress is  concerned — as  constiting  the  individual  to  whom  such  re- 
ference is  made  an  officer  of  the  government.  There  can  be  no 
distinction  so  far  as  this  reference  is  concerned,  between  the  duty 
to  be  performed  by  the  referees,  and  the  duty  of  an  arbitrator  to 
whom  a  case  is  submitted  by  a  court.  Both  perform  the  same 
sort  of  duties.  It  is  competent  for  Congress,  ol  course  to  pay  the 
claims  V!ifl)i,o\jt  lestjpdojiy,  ^^  yreU  sti  w^M^  tke  Vejt,  pr  the  weakest 


April  27.] 


CALIFORNIA  CLAIMS. 


543 


testimony.  It  is  for  them  to  determine  what  evidence  will  satisfy 
them.  They  may  take  the  eertifidales  of  officers  or  of  individuals 
cognizant  of  the  origin  of  the  claims,  and  they  may  determine 
those  to  be  sufficient  testimony  upon  which  they  will  authorize  the 
proper  officers  of  the  government  to  pay  the  claims.  That  is  all 
that  is  asked  in  this  case.  And  it  seems  to  me  strange,  I  say 
it  with  the  utmost  respect  for  the  opinions  of  those  who  differ 
with  me,  it  must  I  am  sure  proceed  upon  this  ground  alone 
that  they  make  a  mistake  in  supposing  that  the  right  to  ap- 
point officers  by  the  President  is  not  inherent  in  him  but 
confided  to  him  by  the  constitution,  and  is  more  a  duty  than  a 
right — it  does  appear  to  mc  strange  I  say,  that  such  should  be 
the  conclusion  at  which  Senators  arrive,  that  it  is  the  duty  of  the 
President,  and  not  merely  a  right  which  he  may  exercise  or  not, 
to  fill  up  such  offices  as  Congress  may  create  by  law.  What  is  it 
that  is  proposed  by  this  bill  ?  We  determine  by  it,  that  those 
claims  which  are  just,  shall  be  paid.  The  question  then  is,  what 
testimony  will  be  required  to  assure  us  of  their  justness  ?  The 
bill  proposes  that  Colonel  Fremont,  who  was  the  commander,  to- 
gether with  the  paymaster  and  quartermaster  of  the  troops  who 
performed  the  service,  shall  furnish  the  evidence  upon  which  the 
government  will  authorize  their  payment.  And  it  does  seem  to 
me,  that  there  can  be  no  difference  in  point  of  constitutional  right, 
whether  we  declare  that  the  evidence  shall  be  furnished  by  these 
gentlemen  or  by  the  officers  who  have  been  appointed  under  all  the 
forms  prescribed  by  the  constitution.  If  there  be  a  difl'erencc, 
which,  I  confess,  I  am  unable  to  perceive,  then  Congress  has  vio- 
lated the  constitution  in  several  instances,  because  they  have  re- 
peatedly referred  cases  to  individuals  who  were  not  officers.  A 
case  was  referred  to  yesterday,  where  a  law  was  passed  for  the 
payment  of  some  half  dozen  companies  of  troops  in  Florida.  How 
were  they  to  be  paid  ?  Why,  upon  the  testimony  of  two  individ- 
uals with  the  approval  of  the  governor  of  the  State.  Were  they 
constituted  officers  of  the  government  of  the  United  States  ?  If 
they  were,  they  would  necessarily  have  to  be  appointed  by  the 
President.  But  they  were  nothing  more  than  arbitrators,  or 
rather  examiners  for  ascertaining  and  satisfying  the  government  of 
the  justice  of  the  claims.  Then,  as  I  said  before,  if  we  are  wrong 
in  this,  Congress  has  been  wrong  seven  or  eight  times.  The  Su- 
preme Court  has  been  wrong  in  making  decisions  which  they  were 
not  authorized  to  make.  Nothwithstanding,  with  all  the  argu- 
ments which  I  have  heard  to  the  contrary,  I  insist  that  the  case 
I  read  is  conclusive  of  this  very  point  in  controversy.  That  case 
was  on  a  mandamus  requiring  Mr.  Kendall  to  perform  the  award 
of  the  soliciter  of  the  treasury.  Five  judges  were  in  attendance. 
Two  of  them  dissented  from  the  opinion  given  by  the  court — one 
of  the  dissentients  being  the  Chief  Justice — upon  the  ground  that 
it  was  not  a  subject  for  a  mandamus.  If,  in  dissenting  from  an 
opinion  of  this  description,  the  law  that  they  were  required  to  en- 
force had  been  unconstitutional,  would  it  not  be  a  reflection  upon 
the  Chief  Justice — who  took  different  ground  from  a  majority  of 
the  judges — to  imagine  that  he  would  never  once  have  alluded  to 
the  fact  of  unconstitutionality?  Three  of  the  judges  say  expressly 
that  Congress  had  the  power  to  pass  a  law  authorizing  an  officer, 
or  any  one  else,  to  determine  a  claim  against  the  government. 

There  seems  to  be  another  question  started  upon  this  subject, 
and  that  is  the  authority  under  which  the  claims  originated.  I 
wish  briefly  to  explain  this  authority,  and  to  show  the  grounds 
upon  which  the  government  ought  to  recognize  the  claims.  Wnat 
were  the  facts  in  the  ease  ?  In  the  year  1845,  before  the  war 
broke  out  between  this  country  and  Mexico,  Commodore  Sloat, 
with  a  large  naval  force,  is  despatched  into  the  Pacific  ocean;  and 
for  what  purpose?  To  take  possession  of  California.  Nobody 
has  contended  that  this  was  not  the  purpose  for  which  the  arma- 
ment was  sent  there.  The  Navy  Department  afterwards,  upon 
sending  him  leave  of  absence  on  account  of  ill  health,  gave  him 
something  of  a  reprimand  because  he  had  not  proceeded  to  take  pos- 
session of  California  at  an  earlier  period.  It  appears,  then,  that 
the  sending  of  the  squadron  into  the  Pacific,  was  not  for  mere 
amusement,  but  for  a  specific  object.  It  was  known  that  a  war  was 
likely  to  take  place,  and  it  was  known  that  England  was  desirous 
of  obtaining,  if  not  full  possession,  at  least  commercial  advantages  in 
California.  The  armament  is  sent  there;  and  afterwards  an  offi- 
cer is  sent  by  the  land  route  with  a  letter  which  has  been  said  to 
be  a  mere  letter  of  introduction  to  Col.  Fremont.  What  did  Fre- 
mont consider  it  his  duty  to  do  after  receiving  that  letter?  Had 
he  not  gone  back,  the  country  would  have  been  in  possession  of  the 
British.  He  returned;  and  it  is  highly  creditable  to  him  that  he 
did  so,  and  these  claims  accrued  in  consequence  of  the  military 
operations  which  ensued.  Will  Congress  now  say  that  they  are 
going  to  refuse  the  payment  of  these  claims,  because  one  of  the 
most  gallant  officers  of  the  United  States,  dared  to  assume  the  re- 
sponsibility of  defending  his  countrymen  from  a  merciless  foe? 
For  about  thirty  days  only,  were  the  operations  of  Col.  Fremont 
carried  on,  previous  to  the  receipt  of  positive  instructions — borne 
by  Commodore  Stockton — to  take  possession  of  the  country.  There 
can  be  no  question  as  to  the  policy  of  the  government.  So  far 
from  being  deserving  of  any  blame,  the  Executive  is  entitled 
to  the  highest  credit  for  foresight  and  sagacity.  Had  he 
not  been  as  prompt  as  he  was,  we  may  be  assured  from 
what  is  now  going  •  on  in  Yucatan,  that  Macnamara  would 
have  been  in  possession  of  California.  It  is  not  the  time 
now  to  go  into  an  enquiry  of  what  California  is  worth  to  us,  in  re- 
gard to  the  extension  of  our  commerce  or  otherwise;  it  is  now  in 
our  possession.  I  wiU  venture  the  assertion,  that  at  the  end  of 
ten  years  from  this  time  it  could  not  be  purchased  from  the  United 


States  for  two  hundred  millions  of  dollars.  This  country  has  been 
saved  to  us,  in  a  great  measure,  by  the  promptitude,  vigilance,  and 
foresight  of  this  officer.  The  question  comes  simply  to  this:  Ifweare 
willing  to  avail  ourselves  of  the  advantages  which  the  services  of 
these  individuals  have  procured  us — actuated,ifyou  will,  at  the  same 
time  by  a  desire  to  save  themselves  and  their  families — in  saving  a 
country  which  is  worth  two  hundred  millions  of  dollars,  exposing 
them  to  beggary,  refusing  to  pay  them,  why  then  let  us  vote 
against  this  bill.  If  you  are  willing  to  pay  for  their  services  then 
the  only  question  is,  whether  Col.  Fremont  and  those  named  in  the 
bill  are  the  proper  individuals  for  the  government  to  trust  in  inves- 
tigating the  claims.  They  are,  in  my  opinion,  the  only  individ- 
uals that  can  with  propriety  be  selected.  Suppose  you  select  three 
greedy  office-seekers,  of  whom  there  are  so  many  to  be  found 
about  the  purlieus  of  the  Capitol,  they  would  not  understand  the 
nature  of  their  duties,  whilst  the  persons  named  in  this  bill  know 
precisely  what  the  claims  are. 

I  am  willing  to  trust  Col.  Freemont.  In  the  first  place  I  beUeve 
ho  is  well  qualified  for  the  task;  and  for  selecting  him,  we  have 
another  reason.  He  is  a  young  man  who  has  acquired  a  distin- 
guished reputation,  and  that  reputation  furnishes  us  a  bond  that  he 
will  do  nothing  to  cast  a  shadow  upon  his  character. 

Mr.  BAGBY. — I  take  this  occasion  to  say,  that  the  vote  I  shall 
give  will  be  given  without  the  least  reference  to  the  distinguished 
gentleman  who  is  named  in  the  bill.  I  agree  with  the  Senator 
from  Texas,  that  he  is  a  man  of  extraordinary  merit  and  abili- 
ties. If  my  testimony  were  of  any  avail,  to  enhance  the  estimation 
in  which  he  is  held,  he  would  have  it  to  the  full  extent.  Indeed, 
if  the  passage  of  this  bill  were  dependednt  only  upon  his  merits,  I 
venture  the  assertion  that  the  bill  would  receive  the  unanimous 
sanction  of  this  body.  Neither  have  I  any  hesitation  as  to  the 
propriety  of  paying  these  California  Claims.  They  ought  to  be 
paid.  They  are  as  meritorious  claims  as  were  ever  presented  to  the 
Congress  of  the  United  States.  But  I  leave  out  these  views  en- 
tirely, and  come  to  the  great  question  involved,  that  is,  the  ques- 
tion of  constitutional  right  between  two  departments  of  this  gov- 
ernment. No  matter  what  may  have  been  the  practice  of  Cong- 
ress or  the  decisions  of  the  Supreme  Court,  they  have  no  pioper 
application  to  the  case  now  before  the  Senate.  I  say  it  with  en- 
tire respect  for  the  decisions  of  that  court,  I  think  it  is  no  disre- 
spect to  the  chief  justice  to  differ  with  him  in  opinion,  because  es 
"Homer  sometimes  nodded,"  the  wisest  men  may  sometimes  err 
in  judgment.  In  the  proceedings  of  this  body,  I  am  not  to  be 
bound  by  the  decisions  of  the  Supreme  Court  upon  constitutional 
questions.  The  course  of  reasoning  by  which  I  satisfied  my  mind 
in  regard  to  this  matter  was  this.,  I  asked  myself,  who  would  have 
investigated  these  claims  provided  they  had  arisen  within  reach  of 
the  ordinary  operations  of  the  Treasury  ?  Can  there  be  any  doubt 
that  these  acoounts  would  have  been  investigated  by  constitutionally 
appointed  officers,  and  then  have  gone  before  the  proper  account- 
ing officers  of  the  treasury  ?  Inasmuch  then,  as  they  cannot  be 
disposed  of  by  reference  to  the  regularly  constituted  officers  of  the 
government,  the  question  comes  up  how  are  they  to  be  disposed  of? 
Why,  by  a  law  making  provision  for  the  appointment  of  officers, 
with  the  same  powers  that  those  officers  would  have  for  adjusting 
the  claims.  I  have  had  no  difficulty  on  the  subject  from  the  be- 
ginning. I  regard  the  amendment  reported  by  the  committee,  as 
precisely  the  same  in  substance,  in  effect  and  operation,  as  the  bill 
itself.  The  same  thing  is  to  be  done,  though  in  a  diflTerent  man- 
ner. It  always  pains  me  to  differ  from  the  views  of  a  committee, 
composed  too,  of  the  ablest  men  in  the  body — but  I  confess,  they 
have  not  satisfied  my  judgment,  and  by  it  I  must  be  governed.  I 
dissent  from  the  view  taken  by  the  Senator  from  Kentucky,  who 
says  that  in  doubtful  cases,  we  should  exercise  the  power  ourselves. 
My  doctrine  on  the  subject  of  doubtful  power,  has  always  been  to 
abstain  from  its  exercise  altogether.  But  upon  this  point  I  have  no 
doubt,  and  I  shall  therefore  vote  for  the  amendment  of  the  Senator 
from  Virginia. 

Mr.  BREESE  said  he  wished  to  make  one  remark.  When  the 
bill  was  reported  by  the  Committee  on  Military  Affairs,  organiz- 
ing as  it  did,  a  board  with  officers  and  salaries,  and  appointing  those 
officers  by  law  it  was  against  that  provision  of  the  constitution  which 
gives  the  appointment  of  officers  to  the  President  by  and  with  the 
advice  of  the  Senate,  and  he  therefore  should  have  voted  against 
the  bill  for  that  reason.  The  amendment,  he  thought,  obviated 
the  objection  he  entertained,  and  it  seemed  to  him  that  the  whole 
case  was  now  in  a  very  small  compass.  It  is  nothing  more  than 
this  :  certain  claims  are  alleged  to  exist  against  the  United  States, 
but  from  their  peculiar  nature"cannot  be  adjusted  by  the  officers  of 
the  Executive  department.  Congress  then  declares  by  this  bill, 
that  if  J.  C.  Fremont,  Captain  Hensley,  and  Major  Reading,  who 
know  all  about  these  claims,  will  certify  to  their  extent,  we  will 
pay  them  by  an  officer  to  be  appointed  for  that  purpose  ;  and  this, 
he  said,  seemed  to  be  most  clearly  within  the  constitutional  com- 
petency of  Congress,  and  he  therefore  should  vote  for  the  bill  as 
amended. 

Mr.  WESTCOTT  said  ho  desired  to  say  a  very  few  words  in 
explanation  of  the  vote  he  was  about  to  give.  He  should  vote 
against  the  amendment  of  the  Senator  from  Virginia,  and  for  the 
amendment  reported  by  the  Military  Committee.  When  the  bill 
was  first  introduced,  and  in  the  shape  it  was  in  before  it  was  re- 
committed and  the  amendment  made  by  the  committee,  he  ex- 
pressed the  opinion  that  he  should  not  vote  for  it  as  it  then  was.  He 
objected   to  the  clause  designating  Col.  Fremont  by  name,  as  he 


544 


CALIFORNIA  CLAIMS. 


[Thursday, 


regarded  it  as  an  encroachment  on  the  power  delegated  to  the  Pre- 
sident under  the  constitution.  The  amendment  liad  obviated  the 
difficulty  he  then  had  in  some  degree.  He  would  not  say  that  his 
convictions  were  entirely  clear — the  question  was  one  of  some 
doubt.  But  when  he  reflected  that  the  Executive  power  of  ap- 
pointment, and  of  conferring  official  patronai^e  was  the  most  fear- 
ful in  our  institutions — that  its  corrupting  tendencies  and  effects 
were  of  the  most  dangerous  character  ; — when  the  fact  stared  him 
in  the  face,  that  it  has  had  for  years  a  most  pernicious  influence 
upon  the  action  of  the  government,  he  felt  disposed  to  circumscribe 
it  in  every  and  any  case  in  which  he  could  do  so  without  plainly 
and  palpably  violating  the  constitution.  This  is  not  snch  a  case  of 
palpable,  undoubted  violation.  I  find  precedents  for  it  approved 
by  Presidents  who  would  not  have  submitted  to  encroachments  on 
their  power.  Among  them,  one  in  1845,  passed  with  reference  to 
the  payment  of  volunteers  in  Florida,  is  directly  in  point.  The 
regiments  of  Colonel  Brown  and  Major  Garrison,  and  several  com- 
panies of  volunteers,  were  ordered  to  be  paid  at  the  Treasury  on 
muster  rolls  to  be  verified  by  the  oaths  of  their  officers  and  appro- 
ved by  the  Governor  of  Florida.  These  officers  had  been  out  of 
service  foi  years,  and  Florida  was  made  a  state  the  very  day  this 
law  was  passed,  and  the  office  of  territorial  governor  therefore  be- 
came defunct.  I  regard  that  law  as  a  precedent  that  I  may,  in 
voting  on  this  bill,  follow  with  safety,  and  especially  when,  if  there 
is  no  constitutional  difficulty,  all  admit  the  bill  in  this  provision 
will  bo  judicious.  The  President  must  concur  in  the  bill  before  it 
becomes  a  law.  If  he  regards  it  as  an  encroachment  on  his  con- 
stitutional powers,  he  can  protect  himself  by  rejecting  it.  I  have 
no  idea  that  under  the  precedents  existing  such  difficulty  will  be 
made. 

Mr.  CALHOUN. — Before  the  question  is  put,  I  desire  to  state 
the  reasons  upon  which  I  shall  feel  myself  compelled  to  vote  for 
the  amendment  offered  by  the  Senator  from  Virginia.  I  have  be- 
stowed upon  this  case  that  attention  which  the  magnitude,  both 
of  the  principle  and  the  amount  of  money  involved,  seemed  to  me 
to  demand;  and  after  the  best  consideration  that  I  have  been  able 
to  give  it,  I  have  been  brought  to  the  conclusion  that  the  ori- 
ginal bill  as  reported  by  the  committee,  and  the  amendment 
which  the  committee  now  propose  to  substitute  for  it,  are  both 
unconstitutional.  In  order  to  understand  whether  this  opinion 
of  mine  be  correct  or  not,  it  will  be  necessary  to  understand 
what  are  actually  the  provisions  contained  in  the  bill  and  the 
amendment,  and  what  is  the  object  intended  to  be  effected?  Wo 
are  told  by  two  of  the  members  of  the  committee  that  the  object 
is,  to  prescribe  the  evidence  on  which  the  claims  are  to  be  allowed, 
and  that  the  persons  named  are  to  act  in  the  character  of  witnesses. 
If  so,  the  bill  and  amendment  are  strangely  drawn.  I  find  not  a 
word  about  evidence  or  witness,  or  having  the  least  reference  to 
either,  and  the  language  used  excludes  the  possibility  that  the 
object  was  such  as  they  allege.  They  are  vested  with  the  lune- 
tion  to  examine  and  allow,  and  not  to  testify.  They  act  as  a  board 
of  commissioners.  The  majority  decides,  and  their  decision  is 
final.  By  what  abuse  of  language,  then,  can  individuals  perform- 
ing such  functions  be  called  witnesses,  when  they  are  of  a  char- 
acter so  wholly  different?  Two  other  members  of  the  committee 
assign  a  very  ditferent  oljject.  They  allege  that  it  is  intended  to 
enable  the  three  individuals  named  in  the  amendment,  to  perl'orm 
that  which  they  would  have  performed  at  the  time,  had  they  had 
I'unds  in  their  hands  to  meet  the  expenses  incurred;  that  is,  to  en- 
able Col.  Fremont  to  perform  the  functions  of  commander,  and 
the  other  two,  those  of  paymaster  and  quartermaster  respectively. 
To  judge  of  the  correctness  of  this  allegation,  it  will  be  necessary 
to  ascertain  what  additional  functions  they  would  have  had  to  per- 
form, if  tliey  had  been  in  funds  at  the  time.  None  whatever,  but 
to  pay  as  the  expenses  were  incurred,  instead  of  giving  certificates 
for  the  amount.  Col.  Fremont  had  performed  all  his  functions  as 
commander,  as  fully  as  if  the  ample  funds  had  been  furnished,  and 
none  but  those  of  the  paymaster  and  commissary  had  any  left  un- 
performed. Now,  I  ask,  is  it  the  object  of  this  bill,  or  the  amend- 
ment reported  by  the  committee,  to  enable  them  to  perform  their 
unexecuted  functions?  Is  it  proposed  that  either  of  these  disbur- 
sing officers  shall  perform  the  function  of  paymaster  or  commis- 
sary, or  that  Col.  Fremont  should  perform  that  of  commander? 
There  is  not  a  provision  to  that  effect .  Their  functions  are  to  be 
entirely  different.  In  the  first  place,  instead  of  acting  in  their  in- 
dividual  capacity  ami  on  their  individual  responsibility,  as  they 
would,  if  the  duties  attached  to  each  had  been  performed  at  the 
time,  they  are  to  act  as  a  board  of  commissioners  to  be  governed 
by  the  votes  of  the  majority,  and  be  exempt  from  all  responsibility. 
Their  functions  are  as  dissimilar  as  is  their  character.  Instead  of 
performing  the  duties  of  commander,  paymaster,  and  commissary, 
they  are  to  examine  and  allow  the  (daims  against  the  government 
without  being  subject  to  any  restriction,  cither  as  to  rule  or  evi- 
dence. Indeed,  in  not  a  single  particular  does  the  provisions  of 
tho  bill  or  amendment,  correspond  with  the  object  which  the  mem- 
bers of  the  coninnttee  allege  was  to  bo  effected.  But  suppose 
they  corresponded  in  every  particular,  would  it  get  clear  ol  tho 
constitutional  objection,  which  the  allegation  is  intended  to  avoid? 
How  can  Congress  vest  by  law,  the  functions  to  execute  duties 
which  appcrtainotl  to  these  individuals  in  their  official  characters, 
now  when  they  are  no  longer  officers?  That  is  the  question. 
What  are  these  functions?  Uo  they  partake  of  tho  character  of 
office,  or  that  of  mere  employment?  The  answer  is  to  bo  found 
in  tho  fact  already  stated,  that  they  appertained  to  them  in  their 
official  character,  and  could  only  be  performed  by  them  in  that 


character;  and  we  have  just  as  much  power  to  invest  them  with 
all  their  other  functions  as  these — to  appoint  them  to  the  full  ex- 
ercise of  all,  as  of  a  part.  The  one  would  not  be  more  clearly  and 
directly  usurp  the  rights  of  the  Executive  than  the  other. 

But  I  regard  the  functions  proposed  to  be  conferred  on  these  in- 
dividuals, as  not  only  very  difficult,  but  of  a  far  higher  charac- 
ter than  those  which  they  had  to  perform,  had  they  been  furnished 
with  funds.  They  partake  of  those  belonging  to  the  highest  order 
of  the  fiscal  officers  of  the  government ,  to  whom  they  would  have 
had  to  account,  had  the  expenses  been  paid  when  incurred. — 
To  understand  who  those  officers  are,  and  to  what  extent  those 
individuals  would,  in  that  case,  have  been  held  responsible,  I  will 
state  the  process  to  be  gone  through  before  their  accounts  would 
be  allowed.  They  would,  in  the  first  place,  have  to  present  them 
to  the  proper  bureau.?  of  the  War  Department — the  Commissary 
to  the  Commissary-General,  and  the  Paymaster  to  the  Paymaster- 
General.  Then  they  would  have  undergone  an  administrative  ex- 
amination. What  its  nature  is,  can  best  be  understoocT  by  giving 
the  process.'  Take  for  instance  the  Commissary.  Hewouldhave 
had  to  exhibit  the  orders  under  which  he  made  his  purchases. 
They  would  have  to  state  the  number  or  amount  of  articles,  and 
where  necessary  their  description.  These  orders  would  have  to 
be  presented  to  the  Secretary  of  War  for  his  approval,  if  there 
should  be  any  doubt  of  their  propriety,  judged  of  in  reference  to 
the  number  of  troops,  or  the  nature  of  the  service.  He  then  would 
have  to  exhibit  his  vouchers  to  show  that  the  prices  of  the  articles 
were  reasonable,  and  would  have  to  furnish  evidence  to  that  eff"eot. 
If,  on  examination,  all  were  found  correct,  the  Commissary-Gene- 
ral would  endorse  his  approval,  and  pass  them  over  to  the  pro- 
per Auditor  of  the  Treasury  for  his  examination  and  audit.  From 
him,  they  would  pass  to  the  Comptroller-General  of  the  Treasury, 
who  would  review  the  whole;  and  then,  if  approved,  the  account 
would  be  allow-ed  and  the  officer  credited.  Such  is  the  careful  and 
refined  process  prescribed  by  law,  and  regulation  for  the  settle- 
ment of  military  accounts,  and  such  the  process  through  which 
those  now  in  question  would  have  had  to  pass,  if  the  officers  had 
been  in  funds,  and  had  paid  them  at  the  time.  By  the  provisions 
of  this  bill  and  amendment,  the  whole  process  is  all  laid  aside.  The 
very  officers  who  would  thus  have  been  held  responsible  to  ac- 
count for  the  proper  application  of  every  cent  placed  in  their 
hands,  are  authorized  to  examine  and  allow  their  own  accounts  ; 
and  their  certificates  allowing  them,  are  made  as  conclusive  of 
their  justice  and  correctness,  as  would  have  been  their  allowance 
on  the  final  settlement  of  the  Comptroller.  They,  in  a  word,  are 
invested  in  effect  with  all  the  functions  of  these  high  and  responsi- 
ble officers.  Indeed,  they  are  invested  with  far  higher.  The  lat- 
ter are  bound  by  law  and  established  rules,  but  they  are  bound  by 
neither.  They  act  under  their  own  unlimited  discretion,  and  are 
bound  to  establish  no  rules  and  keep  no  record  ;  nor  has  the  Pay- 
master, or  whoever  may  hold  the  funds,  any  discretion  as  to  pay- 
ment. Their  certificates  are  tho  only  voucher  necessary  to  the 
settlement  of  his  account,  so  that  there  is  no  responsibility  any- 
where. I  venture  to  assert  that  there  is  no  example  in  all  our  le- 
gislation of  an  act  of  the  kind  ;  and  to  cap  the  climax,  these  indi- 
viduals are  to  be  appointed  by  an  act  of  Congress  to  perform  these 
high  official  functions,  which  otherwise  would  have  to  be  perform- 
ed by  officers  who  hold  stations  among  the  highest  under  the  gov- 
ernment— and  all  this  on  the  ground,  that  the  functions  they  would 
have  to  discharge  are  mere  employments,  and  not  offices  ! 

I  do  not  oppose  this  monstrous  measure  on  the  ground  of  oppo- 
sition to  Col.  Fremont,  or  either  of  his  associates  in  this  high 
commission.  Of  the  latter,  I  know  nothing  ;  but  I  have  a  slight 
acquaintance  with  the  Colonel,  and  am  so  favorably  impressed  as 
to  him,  that  I  would  as  readily  trust  him  as  any  other  individual. 
But  a  regard  for  the  constitution  and  the  great  fundamental  prin- 
ciple, that  no  man  shall  be  a  judge  in  his  own  case,  which  embra- 
ces this,  that  no  man  should  settle  his  own  account,  compels  me 
to  oppose  it.  It  has  been  attempted  to  bolster  it  up  by  precedents, 
but  without  success.  Not  one  has  been  cited  that  is  applicable, 
and  if  there  were  hundreds  to  the  point,  they  could  have  no  weight 
where  the  constitution  and  the  fundamental  principles  of  justice 
are  so  palpably  violated.  This  I  believe  to  be  the  first  time  that 
the  question  of  our  power  in  like  cases  has  been  formally  discuss- 
ed. It  is  of  great  importance  that  our  discussion,  in  so  leading  a 
case,  should  be  right. 

But,  Mr.  President,  I  hold  that  if  there  be  any  doubt  in  this 
case — -if  it  be  not  clearly  right— there  are  reasons  of  a  delicate 
character  why  the  measure  should  not  be  adopted.  It  would  be 
indelicate  for  me  more  fully  to  explain  myself;  but  I  will  bo  under- 
stood, when  I  say,  there  are  circumstances  attending  it  which  are 
calculated  to  induce  the  belief,  should  \vc  adopt  the  measure,  that 
we  have  been  actuated  more  by  the  feeling  of  esprii  du  corps  than  we 
ought  to  be.  We  all  know  how  liable  we  are  to  be  influenced  by 
those  with  whom  we  arc  associated  iu  the  discharge  of  our  duties, 
and  with  whom  we  hold  daily  intercourse.  We  ought  to  allow 
lor  it,  and  guard  against  it,  especially  in  a  case  like  this,  involving 
the  constitution  and  a  fundamental  principle  of  justice. 

Having  said  so  much  upon  the  amendment  reported  by  the  com- 
mittee, I  must  say  that  I  have  objections  even  to  the  amendment 
offered  by  the  Senator  bum  Virginia,  although  as  I  prefer  it  to  the 
amendment  offered  by  the  committee,  I  shall  vote  fiu-  it.  My  opin- 
ion is  that  the  simjile  way  of  adjusting  all  these  claims,  is  to  ap- 
point two  or  three  able  ollicers  belonging  to  the  army,  upon  whom 
such  duties  appropriately  devolve,  and  send  them  there  to  settle 
these  expenses  as  far  as  they  can  do  legally  settled. 


April  27.J 


CALIFORNIA  CLAIMS. 


546 


Mr.  RUSK. — Mr.  President  :  The  honorable  Senator  from 
South  Carolina,  [Mr.  Calhoun,]  is,  I  think,  mistaken  when  he 
supposes  that  the  positions  assumed  by  the  chairman,  and  two  of 
the  members  of  the  Military  Committee  are  in  opposition,  or  in- 
consistent with  the  grounds  which  the  honorable  Senator  from 
Kentucky,  [Mr.  Crittenden,]  and  myself  have  taken  upon  this 
bill.  The  chairman  of  the  committee,  sir,  stated  in  his  remarks, 
that  this  bill  only  required  the  persons  named  in  it  to  do  now,  that 
which  they  had  a  right  to  do,  and  which  it  was  their  duly  to  have 
done  when  they  were  in  office,  and  to  this  I  can  see  no  constitu- 
tional oh'ootion.  Are  not  officers  who  have  ceased  to  be  such, 
constantly  required  to  go  on  and  settle,  and  adjust  accounts  which 
were  made  while  in  office  ?  The  honorable  Senator  from  Ken« 
tucky  and  myself  have  not  been  driven  in  support  of  this  bill  to 
any  untenable  position.  Wo  took  the  ijround,  sir,  that  the  act  of 
the  persons  named  in  this  bill,  in  certifying  to  the  amount,  and 
justice  of  the  claims,  should  he  made  the  evidence  upon  which 
the  proper  officers  of  the  government  are  required  to  pay  them. 
It  pertains  to  the  authority  of  Congress  to  pay  the  debts  of  the 
United  States.  They  have  the  right  to  judge  of  their  amount  and 
justness.  They  may  order  payment  without  evidence.  They 
may  require  the  weakest  or  the  strongest  testimony.  They  may, 
ifthey  choose,  make  the  certificate  of  an  officer,  a  court  of  justice, 
or  a  private  individual,  evidence  of  a  debt  against  the  United 
States  upon  which  to  base  an  order  for  its  payment. 

You  have  laws  now,  making  the  bare  certificate  of  an  officer 
evidence,  upon  which  you  require  the  prqper  officers  to  make  pay- 

30th  Cong. — 1st  Session — No.  69. 


raent.  The  proper  department  is  now  required  by  law  to  issue  a 
bounty  warrant  to  a  disabled  !.n!dier,  upon  the  certificate  of  the 
captain  of  the  company,  or  a  surgeon,  that  he  is  disabled.  The 
honorable  Senator,  [Mr.  Calhoun,]  starts  two  other  objections 
to  this  bill  :  First,  that  it  makes  these  officers  judges  in  their  own 
case,  and  authorizes  them  to  cortifj-  to  their  own  claims  against 
the  government.  Now,  sir,  does  anybody  suppose  this  would  be 
the  efTeet  of  this  bill?  Certainly  not.  They  could  not.  under  its 
provisions,  certify  their  own  claims  ;  nor  would  their  own  delicacy 
permit  them  if  they  could. 

•  The  other  objection  is,  that  it  is  conferring  a  high  power  with- 
out any  responsibility.  All  will  admit,  that  if  this  campaign  had 
been  conducted  from  the  bei;inning  under  the  authority  of  the 
government,  Colonel  Fremont  could  have  made  his  requisitions  to 
any  amount.  The  quartermaster  would  have  been  bound  to  fur- 
nish the  supplies  ;  and  the  pftyniaster  to  have  paid  the  money. 

But,  sir,  this  bill  provides  responsibility  with  which  I  am  con- 
tent. Past  experience  proves  that  an  oath  may  be  viiilated— a 
pecuniary  bond  disregarded.  But,  sir,  when  you  have  the  guar- 
antee of  the  character  of  a  man,  who  has  a  due  regard  to  charac- 
ter, and  as  high  a  reputation  to  lose  as  the  honorable  Senator, 
concedes  to  Colonel  Fremont  ;  then,  sir,  you  have  the  strongest 
security  which  man  can  give  for  good  conduct. 

On  motion,  ^ 

Tlie  Senate  adjourned. 


fi46 


rETlTIONS— RESOLUTIONS,  ETC. 


[Friday, 


FRIDAY,  APRIL  28,  1848. 


REPORT    FROM    THE    COMMISSIONER    OF   THK    LAND    OFFICE. 

The  VICE  PRESIDENT  laid  before  thn  Senate  a  report  from 
the  Commissioner  of  the  Goneral  Land  Office,  made  in  compli- 
ance with  a  resolution  of  the  3d  instant,  callinfr  f"r  a  statemient  of 
permits  granted  under  the  acts  for  the  armed  occupation  of 
Florida. 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  it  be  printed,  and  that  fifteen  hundred  additional 
copies  be  printed  for  the  use  of  the  General  Land  Office. 

RESOLUTIONS  OF  THE  lEGISHTtJHE  OF    LOUISIANA. 

Mr.  JOHNSON,  of  Louisiana,  presented  a  resolution  passed  by 
the  Lejjislature  of  the  State  of  Louisiana,  expressing  their  admira- 
tion of  the  efforts  of  Popo  Pius  the  Ninth,  to  extend  within  his  do- 
minions the  principles  of  civil  liberty,  and  in  favor  of  the  estab- 
ment  of  diplomatic  relations  between  the  government  of  the  United 
States  and  the  Court  of  Rome;  which  was  referred  to  the  Com- 
mittee on  Foreign  Relations,  and  ordered  lo  be  printed. 

Also,  a  resolution  passed  by  the  same  Legislature,  in  favor  of 
the  enactment  of  a  law  to  extend  the  jurisdiction  of  the  State  of 
Louisiana  over  certain  portions  of  the  Sabine  river;  which  was  re- 
ferred to  the  Committee  on  the  Judiciary,  and  ordered  to  be 
printed. 

Also,  a  resolution  passed  by  the  same  LeL'isIature,  in  favor  of 
the  enactment  of  a  law  to  reimburse  the  Parishes  of  St.  Mary,  St. 
Martin,  Lafayette,  and  Vermillion,  the  money  paid  for  the  pur- 
chase of  certain  land  records  in  the  District  of  Attakapas,  in  tho 
State  of  Louisiana;  which  was  referred  to  the  Committee  on  Pub- 
lie  Lands,  and  ordered  to  be  printed. 

Also,  a  resolution  passed  by  the  same  Legislature,  in  favor  of 
the  establishment  of  a  Light-house  at  the  mouth  of  Sabine  river; 
■which  was  referred  to  the  Committee  on  Commerce  and  ordered  to 
be  printed. 

Also,  a  resolution  passed  by  the  same  Legislature,  in  favor  of 
extending  the  port  of  Shieldsborough,  in  the  District  of  Pearl  Ri- 
ver, to  Cat  and  Ship  Islands;  and  the  erection  of  Light-houses  on 
Ship  Island  and  Proctor's  Shell  Bank,  in  the  State  of  Louisiana; 
■which  was  referred  to  the  Committee  on  Commerce,  and  ordered 
to  be  printed. 

Also,  a  resolution  passed  by  the  same  I.eglslature,  in  favor  of 
the  establishment  of  a  Navy  Yard  at  Algiers,  or  some  other  place 
on  the  Mississippi  river,  within  the  limits  of  that  State;  -which  was 
referred  to  the  Committee  on  Naval  Affairs,  and  ordered  to  be 
printed. 

Also,  a  resolution  passed  by  the  same  Legislature,  in  favor  of 
the  establishment  of  a  mail-route  from  Winsborough  to  Monroe  in 
that  State;  -Ahich  was  referred  to  the  Committee  on  the  Post  Of- 
fice and  Post  Roads,  and  ordered  to  be  printed. 

Also,  a  resolution  passed  by  the  same  Legislature,  in  favor  of 
the  adoption  of  measures  to  prevent  the  deterioration  of  that  spe- 
cies of  sugar  cane  called  the  Riband  cane  ;  vvhioh  was  referred  to 
the  Committee  on  Agriculture,  and  ordered  to  be  printed. 

PETITIONS. 

Mr.  UPHAM  presented  a  memorial  of  citizens  of  Vermont, 
praying  the  purchase  of  Mount  Vernon  by  the  government;  which 
was  referred  to  the  Committee  on  Military  Affairs. 

Mr.  CAMERON  presented  two  memorials  of  citizens  of  Phila- 
delphia, Pennsylvania,  praying  that  a  tcrritorv  west  of  the  Missis- 
sippi river  may  be  set  apart  for  the  permanent  home  of  the  Indian 
tribes  inhabiting  the  United  Statesf  ■which  were  referred  to  tho 
Commitiee  on  Indian  Affairs. 

Mr.  MASON  presented  a  petition  of  citizens  of  the  counties  of 
Shenandoah  and  Frederick,  Virginia,  praying  the  establishment  of 
a  post  route  from  Gravel  Spring  to  AVoodstock  in  that  State  ; 
which  was  referred  to  the  Committee  on  the  Post  Office  and  Post 
Roads. 

Mr.  NILES  presented  a  memorial  of  citizens  of  New  York, 
praying  that  Congress  may  authorize  the  construction  of  a  rail- 
road between  the  cities  of  New  York  and  Philadelphia,  for  the  pur- 
pose of  facilitating  tho  transportation  of  the  mail  and  relievin"  tho 
public  from  an  alleged  monopoly  ;  which  was  referred  to  the  Com- 
mittee on  tho  Post  Olllco  and  Pest  Roads. 

On  motion  by  Mr.  PEARCE,  it  was 

Ordered,  That  the  Committee  on  the  Library  bo  discharged 
from  the  further  consideration  of  the  memorial  of  'J'homas  F.  Gor- 
don, and  that  it  be  referred  to  tho  Committee  of  Claims. 


IMPORTATION   OF    SUGAR. 

Mr.  JOHNSON,  of  Louisiana,  submitted  tha  following  re.solu- 
tion,  which  was  considered  by  unanimous  consent,  and  agreed  to  : 

Resolved.  That  the  Secretary  of  the  Treasury  be  directed  to  report  to  the  Senate  the 
quantity  of  sugar  iinportedinto  the  United  States  during  the  last  and  during  the  three 
preceding  years ;  the  places  from  whence  imported  ;  the  quantity  of  the  several  qualt. 
ties,  and  the  prices,  respectively,  at  the  places  of  export. 


THE    LATE     JOHN    QUINCY    ADAMS. 

HALE  submitted  the  following  resolution  for  consldera- 


Mr. 
tion  : 

Rtsotved,  That  the  Secretary  of  the  Senate  procure,  for  the  use  of  the  Senate, 
5.00U  copies  of  the  addresses  made  by  the  Speaker  and  the  members  of  the  House  of 
Representatives,  and  of  the  addiesses  iriade  to  the  Senate,  together  with  the  discourse 
of  the  Rev.  Mr.  Gnrley,  npon  tlie  occasion  of  the  death  of  the  Hon.  John  tinincv 
Adams ;  Provided  they  can  be  obtained  upon  the  same  terms  that  20,000  copies  pf  the 
same  were  furnished  to  tho  House  of  Representatives. 

CALL   FOR   INFORMATION   RESPECTING   APPOINTMENTS. 

Mr.  JOHNSON,  of  Maryland,  submitted  the  following  resolu- 
tion for  consideration  : 

Resolved,  That  the  President  of  the  United  States  be  requested  to  inform  the  Sen- 
ate whether  any  otircers  are  nov^  in  the  military  or  civil  service  of  the  United  States, 
under  appointments  from  the  Preaid'.nl,  which  have  not  been  submitted  to  the  Senate. 
t.nd.  if  there  be  any  such  appointments,  that  he  state  the  date  of  such  appointments, 
and  why  it  iS  that  it  has  not  been  in  the  power  of  the  President  to  submit  them  to  tho 
consideration  of  the  Senate. 

PRIVATE    BILLS. 

Mr.  MASON,  from  the  Committee  of  Claims,  to  whom  was 
referred  the  petition  of  Eugene  Van  Ness  and  John  M.  Brush,  ex- 
ecutors of  Nehemiah  Brush,  submitted  a  report  accompanied  by  a. 
bill  for  their  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  MASON,  from  the  same  committee,  to  whom  was  referred 
the  petition  of  Gad  Humphreys,  submitted  a  report  accompanied 
by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  tecond  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  UNDERWOOD,  from  the  same  committee,  to  whom  wa,>; 
referred  the  bill  from  the  House  of  Representatives  for  the  reliet 
of  Jacob  Gideon,  reported  it  with  an  amendment. 

THE    SUPRE.ME    COURT. 

Mr.  DAYTON, from  the  Committee  on  the  Judiciary, '.o  whom 
was  referred  the  bill  to  promote  the  despatch  of  business  in  the 
Supremo  Court,  and  to  repeal  the  second  section  of  the  act  ap- 
proved 17th  of  June,  1844,  entitled  "An  act  conoerning  the  Su- 
preme Court  of  the  United  States,"  reported  it  without  amend 
ment. 

NOTARIES    PUBLIC. 

Mr.  BADGER,  by  unanimous  consent,  asked  and  obtained 
leave  to  bring  in  a  bill  to  authorize  Notaries  Public  to  take  and 
certify  oaths,  affirmations,  and  acknowledgments  in  certain  cases; 
which  was  read  the  first  and  second  times,  by  unanimous  consent, 
and  referred  to  the  Committee  on  the  Judiciary. 

MESSAGE    FROM    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repro- 
seittatives  by  Mr.  Campbell,  their  clerk  : 

Mr.  President :  The  House  of  Representauves  have  passed  a  bill  rntilled  "An  act 
in  addition  loan  act  therein  mentioned;"  and  abiilcntitled  "An  act  in  iclalion  to 
military  land  wariauts,"  in  which  they  request  the  coocuireuce  of  the  Senate. 

The  said  bills  were  severally  read  the  first  and  second  times, 
by  unanimous  consent,  and  relerred  to  the  Committee  on  Public 
Lands. 

THE    PUBLIC    ARMORIES. 

The  Senate  proceeded  to  consider  tho  following  resolution,  sub- 
mitted yesterday  by  Mr.  Clayton,  and  it  was  agreed  to  : 

liesolocd,  That  the  Secretary  of  Wat  be,  and  he  hereby  is,  directed  to  report  to 
Congress — 

First. — How  many  public  armories  there  are  belonging  to  the  United  States  in  svhich 
firearms  are  manutncturcd,  and  where  the  same  are  located,  and  the  date  of  com- 
mencing miiiuilacturiug  operations  in  each. 

Second.— How  much  actual  capital  is  and  has  been  invested  in  such  armories;  and 
what  propuition  in  each  for  sites,  buildings,  power,  [jerinanent  machinery,  etc.;  speci- 
fying the  amounts  under  separate  heads  to  date  of  rejiort. 

'  Third.— How  much  money  has  been  expended  aiiniinlly  in  eacli  of  sajd  armories  for 
the  manufaclure  of  arms,  in  salaries,  wages,  and  materials,  or  in  any  of  ihc  element, 
entering  into  all  the  current  expenses  of  manufacturing  such  arms,  indtpendcnil)  or 
fixed  capital  and  the  interest  thereon. 


April  28. J 


PAYMENT  OF  INTEREST  TO  ALABAMA. 


54: 


Fourth. — How  many  small  arms  have  been  produced  annually  from ^aclj^of  the  saul 
armories,  all  the  cost  of  construction,  and  how  many  of  the  various  descriptions  of 
arms,  and  of  what  descri|itions,  are  now  in  serviceable  conililion. 

Fil'th. — What  number  of  arms  have  been  condemned  from  time  to  tirae,  and  what 
disposition  has  been  made  of  condemned  arms  at  the  government  armories,  and  if  sold, 
at  what  prices. 

Sixth. — How  many  small  arms  and  munitions  of  war  have  been  procured  from 
other  sources  than  from  the  government  armories;  and  from  what  sources  and  in  what 
amounts;  it  by  private  contracts,  at  what  prices  for  each  description;  if  from  otiier 
governments,  I'lom  which  and  at  what  price. 

TONNAGE    DUTIES    ON    SPANISH    VESSELS. 

The  Senate  proceeded  to  consider  the  resolution,  submitted  by 
Mr.  Westcott,  to  repeal  or  amend  the  act  of  June  30,  183<1, 
concerning  tonnage  duty  on  Spanish  vessels;  and 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  it  be  postponed  to,  and  made  the  order  of  the 
day  for,  Monday,  the  8th  day  of  May  next. 

payment  of    interest    to  ALABAMA. 

Mr.  PEARCE  moved  that  the  prior  orders  be  postponed,  for 
the  purpose  of  i-esummg  the  consideration  of  the;  bill  authorizing 
the  payment  of  interest  on  the  amount  advanced  by  the  State  of 
Alabama  to  the  general  government,  pending  the  Creek  hostilities 
in  1836  and  1837. 

Mr.  CLAYTON  hoped  that  the  bill  wotild  not  be  taken  up  in 
the  absence  of  the  Senator  from  Virginia,  [Mr.  Hunter,]  who 
had  been  obliged  to  return  to  his  home  in  consequence  of  sickness 
in  his  family. 

-    Mr.  PEARCE  said  that  he  had  no  intention  to  change  or  mod- 
ify the  bill,  but  only  to  add  a  general  provision. 

The  bill  was  then  taken  up  and  the  following  amendment  was 
offered  by  Mr.  Pearce  : 

Sec.  "2.  And  be  it  furlhtr  qmctett.  That  the  proper  accounting  officers  of  the 
Treasury  Department ,  be  and  the^wre  hereby  authorized  and  directed  to  liquidate  and 
settle  the  claims  of  the  several  fltales,  whose  claims  have  not  been  heretotbre  fully  li- 
quidated and  settled  accordmg  to  the  principles  of  this  act,  agamst  the  United  States, 
tor  interest  upon  loans  or  money  borrowed,  and  actually  expended,  by  them  respec- 
tively, for  the  use  and  benefit  of  the  United  States,  during  the  last  war  with  Great 
Britain  ;  as  also  interest  upon  money  by  said  Slates  respectively  diawn  from  a  fund 
upon  which  'hey  were  then  receiving  interest,  and  which  was  by  them  so  expended  as 
aloresaid,  and  upon  money  so  borrowed  and  expended  as  aforesaid,  which  debt  was 
discharged  by  said  State  by  the  transfer  of  a  fund  upon  which  the  State  was  receiving 
interest. 

Sh-T  3.  And  be  it  further  enacted,  That  on  ascertaining  the  amount  of  interest  as 
aforesaid,  due  to  the  said  States  respectivelj',  the  following  rules  shall  govern  ;  to  wit  : 

First.  That  interest  shall  not  be  computed  on  any  luui  exi)euded  wliicli  is  not  evi- 
denced bv  the  amount  which  has  been  or  shall  be  refunded  or  repaid  by  the  United 
States. 

Second.  No  interest  shall  be  paid  on  any  sum  for  which  the  States  did  not  either  pay 
or  lose  interest  as  aforesai'l. 

Third.  The  rule  prescribed  by  the  Supreme  Court  ot  the  United  States  at  its  Janu- 
ary te-rn  1839,  f  13  Peters'  371,]  shall  be  the  rule  for  adjusting  the-:e  accounts,  viz  :  in 
terest  shall  be  calculated  up  to  the  time  when  a  payment  has  been  or  shall  he  made. 
To  this  interest  the  payment  shall  first  be  applied,  and  if  it  exceed  the  mterest  due  the 
residue  sliall  be  applied  to  dmiinish  the  principal.  If  the  payment  fall  short  of  the  in- 
terest the  balance  of  the  interest  shall  not  be  added  to  the  principal  so  as  to  produce 
interest. 

Sec.  -1-  And  lie  it  further  enacted.  That  the  amount  of  interest,  when  ascertained 
as  aforesaid,  shall  be  paid  out  of  any  monies  in  the  Treasury  not  otherwise  appro- 
priated- 

Mr.  PEARCE. — There  is  nothing  new  in  the  principle  of  the 
bill  reported  by  the  Coinmittee  on  Finance.  The  principle  has 
been  recognized  on  more  than  one  occasion  in  this  body.  Many 
years  ago  it  was  recognized  in  the  case  of  the  claims  of  Maryland 
arising  out  of  advances  made  in  the  last  war;  and  it  was  also  re- 
cognized in  the  case  of  South  Carolina  in  1831.  The  case  of 
South  Carolina  differed  somewhat  from  that  of  Maryland.  In  that 
case  the  State  had  borrowed  money  and  incurred  a  debt  which 
was  liquidated  by  the  transfer  of  a  fund  from  which  she  had  de- 
rived interest.  The  State  of  Maryland  borrowed  money  for  the 
purpose  of  repelling  the  incursions  of  the  enemy  during  the  last 
war.  She  created  a  stock  for  that  purpose  and  discharged  the 
debt  by  the  transfer  of  United  States  stock  which  she  held.  The 
principle  applied  to  these  cases  by  the  committee  was  that  when 
the  State  had  lost  interest  it  was  entitled  to  it.  I  propose  to 
make  the  principle  general  and  apply  it  to  all  cases  of  State 
claims  asrainst  the  government  for  money  advanced  in  the  war  of 
1812  which  have  been  recognized  and  admitted.  I  do  not  propose 
to  settle  any  of  the  disputeti  claims,  nut  only  to  meet  those  claims 
which  have  been  admitted.  That  is  the  object  and  effect  of  tho 
first  section  of  the  amendment.  The  second  section  goes  a  little 
farther,  and  is  rendered  necessary  by  the  verv  extraordinary  rule 
adopted  by  the  accounting  officers  of  the  Treasury  department  in 
the  calculation  of  interest.  The  rule  has  been  that  when  the 
claim  is  made  up  of  principal  and  interest,  and  payments  are  made 
by  the  United  States,  they  are  applied  to  the  redtjction  of  the  prin- 
cipal. This  is  manifestly  unjust,  and  is  entirely  contrary  to  the 
(jquitable  rt^le  observed  m  transactions  between  individuals.  I 
have  proposed,  therefore,  sundry  rules  intended  to  modify  and  cor- 
rect the  rule  adopted  by  the  accounting  officers, 

Mr.  ATHERTON.— It  seems  to  me  that  there  ought  to  be 
some  examination  as  to  the  results  to  which  this  atiiendment 
would  lead  if  adopted.  I  concur  en'irely  with  my  friend  from 
Delaware  as  to  the  propriety  of  postponing  this  subject  till  the 
Senator  from  Virginia,  who  has  had  charge  of  the  bill,  who  has 
examined  the  cases,  and  is  familiar  with  all  the  facts,  shall  return. 
Aside  from  that,  it  seems  to  me  that  this  amendment  contains 
some  priqciples  proposed  to  be  applied  to  the  calculation  of  inter- 
«st  in  the  cases  of  claims  against  the  government,  whicU  demand 


our  attentive  examination.  I  suggest,  therefore,  to  tho  mover  of 
the  amendment,  that  it  be  printed  in  order  that  we  may  have  an 
opportunity  of  examining  it,  and  that  in  the  meantime  the  subject 
be  laid  over  informally. 

Mr.  PEARCE  acquiesced  in  this  suggestion. 

The  PRESIDING  OFFICER.— Does  the  Senator  naraa  any 
particular  day  for  the  consideration  of  the  subject. 

Mr.  PEARCE.— We  propose  to  wait  until  the  Senator  from 
Virginia  returns. 

Mr.  LEWIS. — I  hope  the  Senator  will  feel  bound  as  soon  as  tho 
Senator  from  Virginia  returns,  to  call  up  this  bill. 

Mr.  PEARCE.— I  shall  do  so. 

Mr.  BAGBY — I  wish  to  make  a  single  remark.  I  think  it  is 
evident  that  the  apprehensions  which  I  expressed  yesterday,  ara 
about  to  be  confirmed,  certainly  not  on  account  of  any  design  on 
the  part  of  the  Senator  from  Maryland,  but  because  as  I  said,  tho 
delay  of  this  bill  will  be  tantamount  to  its  defeat  at  the  present 
session.  The  bill  contains  but  one  single  distinct  proposition,  and 
that  is  this,  whether  when  a  certain  amount  of  money  has  been  ad- 
vanced by  a  state,  and  applied  to  the  uses  of  the  general  govern- 
ment, tho  general  government  will,  when  it  acknowledges  and  pays 
the  amount  of  the  principal,  pay  the  interest  upon  it. 

On  motion  by  Mr.  PEARCE,  it  was 

Ordered,  That  the  further  consideration  of  said  bill  be  postponed 
until  to-morrow  ;  and  that  the  amendment  be  printed. 

FREE  flRlDOE   OVER  THE  EASTERN  BRANCH. 

The  bill  to  provide  a  free  communication  across  the  eastern 
branch  of  the  river  Potomac  in  the  District  of  Columbia,  was  read 
the  second  time  and  considered  as  m  Committee  of  the  Whole. 

Mr.  ATHERTON  inquired  if  there  was  any  report  on  this  bill. 

The  PRESIDING  OFFICER.— There  arc  no  papers  accompa- . 

nying  the  bill. 

Mr.  CAMERON  remarked  that  the  whole  District  was  inter- 
ested in  the  passage  of  tho  bill  which  had  been  unanimously  re. 
ported  by  the  Committee. 

Mr.  HALE  moved  to  amend  the  bill  by  adding  the  following 
section ; 

■•And  be  it  further  enacted.  That  the  Secretary  of  the  Treasury  ba  direolod  to  pur- 
chase on  the  same  terms  the  bridge  over  Piscataqua  river,  between  Porumoath,  N«v» 
Hampshire,  and  Kiltery,  in  iVIaiue." 

Mr.  HALE  observed  that  he  did  not  know  of  any  authority  in 
the  general  goyerntnent  to  purchase  bridges  in  this  District,  if  they 
had  not  authority  to  purchase  bridges  elsliwhere. 

Mr.  CAMERON  could  hardly  suppose  that  the  Senator  from 
New  Hampshire  was  serious  in  proposing  his  amendment.  Tho 
cases  were  not  at  all  parallel.  It  was  to  be  recollected  that  the 
government  owned  seven  millions  of  property  in  this  District,  for 
which  no  taxes  were  paid  :  and  it  v.'as  only  a  small  act  of  justice 
to  make  the  bridges  free. 

Mr.  HALE  did  not  know  whether  the  Senator  from  Pennsylva- 
nia was  in  earnest  or  not.  The  bridge  named  in  his  amendment 
was  similarly  situated  to  the  bridge  in  the  bill.  It  was  a  bridge 
leading  to  property  owned  by  the  government — to  the  navy  yard 
at  Kittery,  Maine. 

The  question  was  then  taken  upon  agreeing  to  the  amendment 
of  Mr.  Hale,  and  it  was  determined  in  ihe  negative. 

No  other  amendment  being  offered,  the  bill  was  reported  to  the 
Senate. 

On  the  question,  "Shall  this  bill  be  engrossed,  and  read  the 
third  time?"  Mr.  Allen  demanded  the  yeas  and  nays,  which 
were  ordered,  and  it  was  determined  in  tho  affirmative,  as  follows: 

YE.\S— Messrs.  Badger,  Benton,  Cameron,  Clarke,  Clayton,  Crittenden,  Davit, 
ofMassachusetts,  Davis,  ofMissi>sippi,  Dayton,  Foote,  Greeiie,  Hannegan,  Houston, 
Johnson,  of  Maryland,  Johnson,  of  Louisiana,  Pearce,  Phelps,  Spruance,  Sturgeon, 
Underwood,   Upliam,  Westcott,  and  Yulee.— 23. 

N.\YS— Messrs.  Allen,  Atchison.  Atherton,  Ragby,  Breese,  Douglu,  Foloh. 
Hale,  Johnson,  of  Georgia,  Moor,  Niles,  and  Turney, — 12. 

The  said  bill  was  read  the  third  time,  by  unanimous  consent. 

Resaived,  That  it  pass,  and  tliat  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  tho 
House  of  Representatives  in  saitl  bill. 

settlers    under    THE  ARMED    OCCUPATION  ACT. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  for  the  relief  of  the  bona  fide  settlers  under  the 
acts  for  the  armed  occupation  and  settlement  of  a  part  of  the  ter- 
ritory ot  Florida  ;  and 

On  motion  by  Mr.  WESTCOTT,  it  was 
Ordered,  That  the  further  consideration   thereof  be   postponed 
to,  and  made  the  order  of  the  day  for,   Thursday   the   4th  day  of 
May  next. 

THE   private    calendar. 

Mr.  MASON,  in  accordance  with  tho  no'ice  giv^cn  yesterday, 
moved  to  proceed  to  the  consideration  of  private  bills  upon  th» 
calendar. 


I': 


548 


CALIFORNIA  CLAIMS. 


[Friday, 


Mr.  BADGER  sugiiested  that  it  would  be  better  to  dispose  of 
ihe  California  claims  bill,  which  could  be  done  to-day,  and  he 
■would  then  join  cheerfully  in  promoting  the  views  of  the  Senator 
from  Virginia. 

Mr.  MASON  acquiesced  in  the  suggestion,  and  observed  that 
he  should  move  to  proceed  with  the  private  calendar  as  soon  as 
the  California  bill  was  di.sposed  of. 

THE    CALIFORXIA    CLAIMS. 

The  Senate  then  resumed,  as  in  Committee  of  the  Whole,  the 
consideration  of  the  bill  for  ascertaining  and  paying  the  California 
claims. 

Mr.  CLAYTON.— In  rising  yesterday  to  address  the  Senate  on 
this  bill,  it  was  my  design  to  sugg.-st  that  some  amendment  was 
necessary.  In  rav  opinion  it  ought  to  be  provided  that  the  com- 
missioners or  pernors  who  avo  to  examine  these  claims,  should  be 
sworn  or  airirmed  to  discharge  the  r  duties  with  fidelity.  I  did  not 
suppose,  until  the  honorable'SenfCtor  from  South  Carolina,  who  last 
addressed  the  Senate  on  this  subject,  mentioned  it,  that  there  was 
an  idea  entertained  by  any  one  that  either  of  the  persons  to  whom 
the  bill  proposed  to'entrust  the  examination  of  these  claims,  was 
to  decide  upon  a  claim  in  which  he  was  personally  interested.  I  do 
not  suppose  that  any  such  thing  was  intended  on  the  part  of  the 
gentlemen  who  advocated  the  bid;  or  that  those  high-minded  men 
who  were  named  m  the  bill,  would  decxle  on  their  own  compensation. 
But,  in  order  to  preclude  the  possibility  of  that,  I  shall  propose  an 
amendment  to  prevent  these  commissioners  from  settling  any  claims 
in  which  they  or  either  of  them  may  be  personally  interested.  It  has 
been  also  said  in  the  course  of  de'bate,  tliat  these  claims  were,  or 
would  bo.  the  subject  of  extensive  speculation.  That  objection  may 
be  easily  obviated  by  an  amendment,  and  before  I  proceed  to  the  lew 
remarks  on  the  constitutional  question  wiiich  I  intend  to  submit  to 
the  Senate,  I  give  notice  that  I  intend  to  offer  an  amendment  which 
I  will  request  the  Secretary  to  rfcad. 

The  Secretary  then  read  the  amendment,  which  is  as  follows  : 

Add  the  following  section  : 

Sec.  3.  ^itd  be  it  fvrther  enacted,  That  the  perici  liereby  appointed  to  e.xamine 
the  said  clainn  shall, 'before  they  enter  on  the  dulies  assigned  to  them,  be  first  dulv 
sworn  or  affirmed  to  faithfully  perlbrm  the  duties  devolved  on  them  by  this  act;  anil 
that  in  no  case  shall  they  or  either  of  them  examine  or  allow  any  elaim  in  which  he  or 
any  of  them  is  pereonnllv  interested,  .\nd  in  all  cas?s  where  any  claim  has  been  as- 
signed or  Iran, fe-red  by  the  original  clairaani.  the  assignee  shall  lie  allowed  no  more 
than  he  paid  lor  the  claim,  with  lawful  interest  ou  that  amount. 

Mr.  CLAYTON.— This  amerdment,  I  think,  obviates  all  objec- 
tions which  have  been  fairly  taken  in  debate — with  the  exception 
of  the  constitutional  objection. 

It  is  contended  that  the  Congress  of  the  United  States  has  no 
power  under  the  constitution  to  name  the  persons  who  shall  as- 
certain the  amount  of  claims  which  they  are  called  upon  to  settle; 
but  that  all  such  persons  are  "  officers"  to  be  appo«nted  only  by 
the  President,  by  and  with  the  advice  and  consent  of  the  Senate. 
I  do  not  concur  in  that  construction  of  the  constitution.  It  is  ray 
opinion,  after  giving  to  this  subject  all  the  investigation  tl at  I 
am  capable  of  bestowing  upon  it,  that  the  Congress  of  the  Uni- 
ted States  has  the  right  necessarily  incident  to  its  general  legis- 
lative power  to  appoint  persons  to'  take  testimony  for  them ;  or  to 
arbitrate  claims  between  the  goveininent  and  any  private  individ- 
uals; or  to  settle  and  adjust  the  amount  due  from  the  government 
to  these  individuals.  I  hold  that  Congress  possesses  this  power, 
as  anecessary  and  indispensable  part  of  its  legislative  power.  The 
constitution  confers  upon  Congress  all  the  legislative  power  given  by 
that  instrument.  Among  the  trust  powers  of  Congress,  expressly 
mentioned  in  the  constitution,  is  the  power  to  pay  the  debts  of  the 
United  States,  and  to  exercise  all  other  powers  necessary  and  pro 
per,  to  carry  that  power  into  execution.  The  power  to  pay  the 
claims  due  irom  the  government  to  individuals,  was  a  right  de- 
volved upon  the  legislative  body  when  the  constitution  first  went 
into  operation;  and  Congress  has  exercised  that  power  Irom  the 
earliest  period  to  the  present  day,  in  every  case  and  form  in  which 
it  thought  proper  to  exercise  it. 

1  shall  not  go  thiough  the  statute  book  to  show  how  often  Con- 
gress has  appiiinted  an  arbitrator  to  settle  a  private  claim  be 
tween  an  individual  and  the  government.  Some  cases  of  that  de- 
scription are  of  recent  occurrence,  and  it  is  true,  as  was  remarked 
in  the  progress  of  debate,  that  an.  .irbitrator  in  the  case  of  the  Is- 
land on  which  Fort  Delaware  stands,  was  named  to  settle  the 
between  the  claimonts  in  one  State,  against  the  gen- 


controversy,  _ 

eral  government,  holding  under  tli.'  title  of  another  State,  by  two 
bills  which  passed  this  bndy.  I  grmt  that  two,  three,  or  half  a 
dozen  precedents,  will  not  settle  a  question  of  constitutional  law. 
But-if  we  can  show  that  from  the  very  origin  of  the  government, 
down  to  this  time.  Congress  has  been  in  the  habit  of  designating 
individuals,  to  settle  and  adjust  cainis  between  the  government 
and  claimants— and  that  such  has  been  the  practice  of  the  govern- 
ment ab  urbc  condiia  down  to  this  time — if  the  princiiile  has  been 
settled  by  the  Supremo  Court  of  the  United  States,  and  proclaimed 
judicially,  then,  we  are  justified  in  regarding  this  (luestion  as  set- 
tled if  anything  can  bo  consider' d  as  settled  and  determined. 
Allow  me  to  read  from  the  judicial  declaration  of  the  chief  justice 
of  the  Supremo  Court,  two  passages  for  the  mirposcs  of  expluining 
what,  in  my  opinion,  ought  to  bo  regarded  as  the  principle  bind- 
ing upon  us. 

••  1  contemporary  exposition  of  tlio  constitution,  practised  and  acquisced  under  for 
*  period  of  years,  hjc»  ih«  conittaetioo,  and  liic  court  wili  not  iliake  oi  e»ntr«l  il. 


"It  will  probably  be  found,  when  we  look  to  the  character  of  the  conslilntion  of 
the  United  States  itself,  the  objects  which  it  seeks  to  attain,  the  pos»er«  which  it  con  -  i 
fere,  the  d'ltie^  whieli  it  enjoins,  and  the  rights  which  it  secures,  as  well  as  to  the  ' 
known  historical  fact,  that  many  of  iL=  provisions  were  matters  of  compromise  of  op- 
posing interests  and  opinions;  that  no  unilbrm  rule  of  interpretaMon  can  he  apphed. 
which  may  not  allow,  even  if  it  does  not  positively  demand,  many  mociificatioiis  in 
its  actual  applicaliou  to  particular  clauses.  Perhaps  the  safest  rule  of  interpretation, 
after  all,  will  be  found  to  be,  to  look  to  the  nature  and  objects  of  the  particular  pow- 
■  era,  duties,  an.l  rights,  witli  all  the  light  and  aidti  of  conlemporarti  histont,  and  to  give 
to  the  word*  of  e:ich,  just  such  operation  an'l  force,  consistent  with  their  legilmiale 
meaning,  as  to  faiily  secure  and  attain  the  end  proposed."  ' 

I  think,  then,  it  is  clearly  established,  so  far  as  precedents  can     I 
settle  it,  that  Congress  has  a  right   to    name   the    individual   who     i 
shall   settle  and  adjust  these  claims.    Honorable  gentlemen  have 
adverted  to  the   precedent   quoted    by   the    Senator   from   North 
Carolina,  on  mv  right,  where  the   judges  of  the   Supreme   Court 
sitting   tlicn  as'  judges  of  the  circuit  court  of  the  United  Stales, 
exercised  the  power   of   determining  upon  the  claims  of  the  wid-     , 
ows  and  orphans  of  those  who  had   died  in  the  revolutionary  war. 
And   I   have    not   heard   any  satisfactory  answer  given  to  that  de- 
cision, thoutih    I  have  been  an    attentive  listener   to  the  very  able 
argument   presented   by  the  gentleman  from  Virginia  and  others,     . 
who  have  spoken   on    the    subject.     What   did  the    chief  justice    '. 
with   bis   associates   decide  ?     Why,    that    in   eases    of  this   de- 
scription, where  Congress  devolved'upon  them  the  duty  of  deciding 
upon  cliyms  against    the  government,  they  had  the  right  to  do  it; 
and  they  actually  went  on,  and  did  adjudicate  and  settle  the  claims, 
which  they  could    not  po.ssibly  have   done,  if  they  bad   considered    ; 
that  the  constitution  of   United  States  bad   been  violated  by  Con- 
gress in  the  passage  of  the  act,  calling  upon  them  to  examine  the     ' 
claims  of  the  widov^  s  and  orphans,  to  the  pension  alloyed  the  re-     > 
latives  of  those  who  had  fallen  In  the  revolutionary  war.     Someot 
those  learned  and  able  judges,  were   among  the  men  who  lurmed 
the  constitution;  they  all  ranked  among  the  fathers  of  the  republic; 
and  it  is  impossible  that  they  could  have   proceeded  to  settle  and 
adjudicate  these   claims  under  that  law,  if  they  had  believed  that 
there  was    not  any  constitutional  poT^-  of  Congress  to  pass  this 
law.     They  say,  after  quoting  the  law  ; 

"  As.  therefore,  the  business  assimed  to  Ihii  court  liy  the  act  is  not  judicial,  noi 
directed  to  be  pcrlbrmetl  judicialiy,  the  act  can  only  be  considered  as  appointing 
commissioners  for  tlie  purposes  mentioned  in  it  by  o^icial  instead  of  personal  de- 
scriptions. ,  .    .  J    ■ 

"  That  the  judges  of  this  conn  regard  themselves  as  being  the  coromissionen  desig- 
nated by  tills  act,  and  therefore  as  being  at  liberty  to  acceptor  decline  that  office." 

They  then  proceed  to  say  that  they  will  perform  the  duties  as- 
signed by  the  act,  and  they  do  perform  them.  I  contend,  then, 
that  in  so  doing  they  have  decided  the  whole  question  now  pend- 
ing before  the  Senate.  They  have  determined — and  it  is  impossi- 
ble to  construe  the  act  in  any  other  way— that  the  Congress  of  the 
United  States  has  the  right  to  appoint  commissioners  to  settle 
claims  against  this  government.  What  manner  of  answer  is  it 
to  say  that  they  do  not  act  as  judges?  It  is  not  by  virtue  ol 
any  judicial  povver  that  they  proceed  t'o  act,  but  being  designated 
as  individuals  to  exercise  a  power  not  conferred  upon  them  as 
judges  at  all,  they  proceed  lo  settle  these  claims;  and  in  doing  so 
'I  contend  that  they  have  affirmed  the  power  of  Congress  in  the 
whole  matter. 

Mr.  MASON. — Will  the  Senator  allow  me  to  ask  bim  whether 
the  law  of  which  he  is  now  speaking  was  not  confined  altogether 
to  giving  power  to  these  judges  to  take  evidence  only,  and  that 
they  were  to  report  to  Congress  and  not  to  adjudicate  the  claims? 

Mr.  CLAYTON. — They  bad  power  not  only  to  take  evidence 
but  also  to  decide  upon  the  claims.  But  the  honorable  gentleman 
must  admit  that  if  Congress  had  the  right  to  appoint  them  to  take 
evidence,  the  whole  case  is  yielded. 

Mr  BUTLER. — As  this  precedent  seems  to  be  relied  upon,  I 
would  ask  my  honorable  friend  from  Delaware  whether  that  power 
was  not  conferred  by  Congress  upon  the  supposition  that  it  was 
competent  for  Congress  to  add  to  the  judicial  functions  of  the 
judges  by  requiring  them  to  perform  this  office;  and  whether  it 
was  not,  therefore,  simply  conferring  additional  duties  upon  officers 
already  in  existence? 

Mr.  CLAYTON. — I  think  I  can  answer  the  Senator  by  refer- 
ring bim  to  the  language  of  the  judges.  He  will  perceive  from 
that,  that  il  is  not  the  addition  of  a  new  judicial  power. 

Mr.  BUTLER. — I  am  aware  that  the  judp;es  assumed  the  per- 
formance of  duties  without  salary,  but  my  inquiry  was  whether 
Congress  did  not  act  upon  the  supposition  that  they  were  adding 
to  the  judicial  duties  u(  the  judges.  The  point  of  the  decision 
was,  that  Congress  had  attempted  to  devolve  upon  them  duties 
which  did  not  belong  to  them. 

Mr.  CLAYTON — Will  the  Senator  allow  me  to  read  again 
from  the  decision  of  the  judges?  [He  then  read  the  whole  deci- 
sion.] 

The  court  tlien  say  that  they  were  not  appointed  as  judges. 
The  term  "judge,"  is  merely  descriptio  persona,  and  the  effect 
and  meaning  which  the  court  assign  to  the  act,  is  nothing  more 
than  if  Congress  had  said  when  passing  the  act,  that  John  Jay, 
and  his  associate  judges  by  name — without  calling  them  judges — 
should  perform  this  duty.  That  is  precisely  what  the  judges  un- 
derstood by  it,  as  is  apparent  from  their  decision  ;  and  therelore 
I  contend  that  this  precedent  covers  the  case  and  settles  the  whole 
question  now  before  Congress. 

The  Chief  Justice  of  the  United  States  says—"  the  best  light 
for  construing  the  constitution  in  contwnpor»neou»  history;",  ana  I 


CALIFORNIA  CLAIMS. 


549 


April  28-1 

an.  one  of  those,  like  most  of  -y  P-f-'-V.et'ha^'Ixilclsed" thts' 
of   Nimrod    Farrow   and    ^'''ha.d    Ha.ns^    I      t  ^^acl        ^^^^  ._^ 

•  i  nr  hP  Tn  asurv  to  adjust  and  settle  conl.-»ers.es  between 
tie  Po  tmas,^  G  "  ra  and  Ihese  tndividuaU.  I  .-eeollect  very  weU 
iKpWoTof   Imt   l.ill.     We  heard    counsel    on   the   subject   and 

^v  ic  .  we  s^P"  j^ecome  possessed  of  all  that  could  be 
Xd^o  both  s.Je',,  looking  to  the  interest  ol  ^^^\?°^^^"^Z  'Jl 
well  as  iubtico  to  the  individuals  concerned,  we  came  to  t^e  con 
dusio^n  ih^rU  would  be  best  to  refer  '.';« -llte'Tl-easu  "y  We 
Maxcy,  who  then  happened  to  be  Solictor  °' ''  f  .^ ''^^'" /-Trea- 
did  not  refer  the  subieet  to  him,  because  as  Solicitor  ol  tlii.  irea 

decide  claims  aijainst  the  ffovernraent,  was  named  b>  Ins  oil 
cia  characTer  as  a  dmgnatio  person<r^  to  indicate  the  indi  id- 
xml  who  was  to  perform  "the  duty.  This  matter  also  came  befoie 
the  Suprle  Court,  which  incidentally  decided  the  question  Foi  if 
here  had  beert  any  constitutional  objection  ^o  theset  lemcnt  ol  1  e 
rnatter  by  this  officer,  the  question  would  have  arisen  on  th«  " "^  > 
wh  ch  IS  renorted  in  i2th  Peters'  Reports.  The  language  ol  the 
rourtintliiscaLias   been    already  'quoted   by    the  Senator  from 

"^  H^re  ['e'coun  s.:;.  expressly,  that  it  was  in  the  power  of  Con- 
gress aid  "n  their  discr'etion.'to  appoint  any  one  to  settle  claims 
fgain'st  t  e  government,  and  thus  we  have  an  entire  concurrence 
fn^re  opinio^  given  by /the  court  in  1792,  m  the  case  o  je  lu^  - 
dieation  of  the  claims  of  widows  and  orphans.  So  tar,  then,  as  t  le 
question  has  been  presented  before  the  Supren.e  Court,  I  ";-'"'«  ' 
Umtthat  court  never  doubted  the  power  ol  C^nsress  bu  on  the 
contra  V  has  <riven  opinions  entirely  irreconcilable  witl-  the  idea, 
Z    Con-^resslias  not  the  right  to  appoint  these  <^omm..s^ouers 

The  true  question  to    be  decided  is  this  :  Is  the   "PPom  "^en^of 
these  nersons  necessary  and  proper,  i»i  order  to  enable  us  to  legis- 
ate  on  tl  e  subieet  mauer  of 'these  claims  ?     Honorable  gentlemen 
n  the  course  of  debate,  have  generally    given  it  as  their   opm.on 
Ilia    the  "ndividuals  named  in  tfiis  bill,  are  the  very  men  that  ought 
o  decide  upoL  these  elaims-the  very  men  upon  whose   testimony 
hey  v^^ould'uMsh   the  matter  to   bo  settled.     They   are  not  wd  in, 
to  entrust  the  adjudication  of  so    important  a  matter  in  Cabloima 
tosiwer"    and    persons  who   know  nothmg  ol  it,  or  persons  m 
whom^he;  have  not'^cqual  contidenee  with  ^^^  ^^lf^^'%y/^;i^l]Z 
Mr   Freemont,  and  the  gentlemen  associated  with  him.  1  hey  aie  not 
wdiin^  to  pas   the  l.ill  with  the  names  of  other  persons  in  it  or  w.th- 
Tut  an  assurance   that  these  men   in  whom    they  place  confidence, 
w"u  be^  ppomted  to  adjudicate  the  claims      I    ask,  then,  can  any 
man  in  tllefe  eireumstaiices,  undertake  to  ^ay.that  it  is  no   indispen 
sablv  neeessarv  and  proper  to  the   due  exercise  of  youi  legislative 
,o"4-    that    o^  should  l?ave  the  right  to  name  the   --   -hosha 
settle    hese  ch.im;?  It  is  in  vain  to  say,  that  these  very  individuaLs 
miv  be  appo  .ted  by   the  President,  by   and  with  the  advice  and 
ronsenl  of  The  Sent  al     Before  I  vote  lor  the  bill,  I  desire  to  kno«- 
To?  only tha!  the  President  may  do   but  without  any  PO-;bility  o 
Ling  deceived,  I  desire  to  be  assured  that  these  ="«   °  ^f„'  '«;.«^'^, 
men  to  do  it.     On  that   ground  I  vote.     I  am  not  willing  to  tuis 
Srs^.UemMitto  othei"men.     In  this   opinion  many     nay  mos 
members  of   the    Senate   concur.      Have    we    "o'  J''^'   "e    '  Uit 
to   say,    that    these   men    shall    settle    these    '^1=''"^^-"  f^„  ^^> 
shall  decide  before  the  claimants  receive    seven  hundred   t'lous     d 
dollars  oat  of  the  public  treasury  ?     I  never  before  heard  ni.tl    his 
discussion  arose,  that  there  was  any  doubt  as  to  the  eonst.tutK  nal 
power  of  Congress  to  arbitrate  a   claim    of   an  individual  against 
this  government.     It  certainly  is  a  new-  principle    tliat    Congress 
has    no  such  power.     1  never  heard    it    advanced   beloro.     1  w'lii 
not  undertake  to    consume  the   time    of  the  Senate  by  reviewing 
the   many  cases  which  have    presented  themselves  bearing    upon 
this  question,  but    shall   content   myself  with  the  general  declara- 
tion,  that  I  hold   the  power    to  ascertain    the   justice   oL   claims 
against  the   government  is  a  necessary  incident  to  the    legislative 
power-  and  "'earries  with    it  the    power  to   appoint  the  person  or 
persons  to  decide  upon  the  claims.     Oother  cases  might   be  ''Jlied 
upon  on  which  I  will  not  dwell.     In  one   the   governor  of  Florida 
v^as  appointed  to  approve  the  claims  befor*  they  could  be  paid. 


In  many  others  the  different  auditors  and  seorelanes  have  been 
ieSfor  a  similar  duty,  and  Congress  has  been  in"  the  constant 
habit  of  mposing  such  duties  on  any  officer  or  person  it  saw  At  to 
Llect  without  reference  to  any  other  consideration  than  his  fitness 
for  the  performance  of  it  as  an  individual.  I  know  very  well  tha 
a  eg  l^'iveP-eedent  is  not  considered  enU'l-^^'" '^'ia'^case 
il  =  ,hp  Mibiect  has  undergone  discussion  ;  but  these  cases 
"ar  '  amoi  .^st"  1  e  many  whieh^  go  to  show  that  Congress  has 
neve,  hlmofore  doubt'ed  its  right  to  appoint  persons  to  settl- 
nl Jims  against  the  government.  On  the  other  hand  it  is  said  that 
tie  earfeverar  instances  in  which  the  President  has  appointed 
there  .affj«;<"^"-'  j       ,.,i„s  of  individuals    against   the  gov- 

commis  .oners    to   settle   c la  ^^^^  iv,nds  provided    by    a 

?r  V  with  orei4  governments  have  been  distributed  by 
treaty  ':'"''  '°';'""-,,5'j  bv  the  President,  by  and  with  the 
commissioners    apponteaoyna  '    ^^,.^   ^^f^^^^j    ,„ 

consent  and  ^^viceot     he  Senate       ine  ^^^^.^ 

Mmmmmm 

,b.  .d,™,,.  of  E»e.ti..  p™-",  "d  1  "•;•' *■">«■     '   ;S  .« 

lb.  rigbt.  »r  C«i.sr(..  ..  I  "»'"'»"'',,'!'."';•.'  ,.,      I  bold  <b.t 
mo  bv  tbe  iiid"es  of  tba  courls  of  tbe  Uniwd  S  ales.^    1  "old  '""i 

biiir^^^^^iSo^^r^gMS'^^^^ 

aniendmen'of  the  honorable  gentleman    --o™  yX'-genator  from 
There  was  one  remark    made   yesterday    by    the  benaW  iron 
Qnnih  Cirolina    to  which  I  desire    to  advert.     I    understand    him 
a    obc^.ini  to'  the   bill   because    we    appointed  a   paymaster  or 
Ssbufsi,"  "officer    without    demanding    ..id    obtaimng    sccun 
If   he  obrection  of  the   gentleman  from  South  Caro Una  be  w^rth 
any  thbii  a!.a"ns    the  bill  or  amendment  reported  by  the  com.n.ttee 
d  cs  it  not  he  with  all  its  force  against  the  amendment  proposed  by 
the  Veneu  an  fom  Virginia  ?     The  amendment  of  the  gentleman 
fit  V  "   which  proposes  to  take  from  Congress  the  right  to 
ame  thec.rmirsioner^s  and  to  give  ^fo  the  President,  contains  the 
ve rv  same  provisions  in  regard  to  the  disbursing  olficer  who  is  topay 
Zse  c  ah,[s  in  California     If  the  disbursing  officer  is  not  to  give  se- 
c^n  acceding  to  the  bill,  there  is  certainly  .the  same  insecunty 
U"tl  e  amendme^nt  of  the  Senator  from  Virginia.     But  in  my  op.  .^ 
on  there  is  no  danger  of  inseeur.ty  .n  e.ther   case.     A    '^bor^  "8 
nfficer  must  necessarily  give  security.  In  this  case  we  shall  have  the 
f  "ir  .rv  liX  we  ba^'e^in  all  other  cases;  and  we  want  no  nnore^ 
Wuh    rerr^rd     to    the    other    objections    ol    the    Sena  or    Irom 
South  Carolina-(I  mean   the  objections  ."dependent  of   he  eonst^- 
intion-i\  objection)— the  amendment  wh.ch  I  had  the  hoiio.  to  sud 
mi     and  Si   intend    to  offer  at  the   proper    u..re  obvnates  all 
leseobiccions.     It  precludes  these    gentlemen   trom  deciding  in 
u,y  case  in  which  they  may  bo  themselves  interested.     It  cuts  up 
bv  the  roots  all  the  objections  which  we  have   heard   urged  about 
the  dan  °er  of  .peculating  in  these  claims,  and  subjects  these  com- 
m-^stnei^to     he  same   responsibility-the   same  oaths  wh.ch  m 
a     oU.er  cases  are  enjoined  upon  persons  m  their  «'t.i«ion 

I  have  not  thought  it  necessary  m  discussing  this  q"e«'o"  to  ente^ 
into  the  consideration  of  a  matter  which  was  very  inuoh  debated 
C  whether  these  persons  are  not  "officers"  wj''-;'- ™1-""|,:.^ 
liat  cUuise  of  the  co'nstitution  which  gives  the  P^esiden  he  po« e^ 
of  appointment.  I  do  not  care  whether  they  "^  "''•:,; X//; 
or  not.  You  may  find  half  a  dozen  dehnitions  ol  .  e  «,  m  olhcer 
but  what  I  mean  to  say  is,  that  one  clause  "  /''; ^"''""o^lerl  the 

fiict  with  the  legislative   power   of  Copgrest.     In  every 


550 


CALIFORNIA  CLAIMS. 


[Friday, 


which  the  appointment  or  designation  of  the  commissioner  or 
officer  is  necessary  to  the  due  disoliarge  of  a  lesjislative  function, 
the  great  constitutional  provisions  that  ordain  Congress,  and 
eive  it  legislative  power,  confer  the  power  to  make  this  appoint- 
ment. The  general  appointing  power  of  the  President  of  the  Uni' 
ted  States,  and  the  power  incident  to  the  discharge  of  legislative 
functions,  which  rests  in  Congress,  are  entirely  reconcilable.  If 
the  argument  of  the  gentleman  on  the  other  side  were  sound,  it 
would  deprive  us  of  the  power  to  appoint  commissioners  to  take 
evidence.  If  good  for  anything,  the  argument  is  good  for  that  ex- 
tent; if  not,  it  is  good  for  nothing. 

In  my  judgment,  then,  the  amendment  of  the  honorable  gentle- 
men from  Virginia,  is  liable  to  constitutional  objections,  and  does 
not  remove  those  which  have  been  urged  against  the  hill.  I  shall, 
therefore,  vote  against  it,  and  when  the  bill  comes  up  for  consid- 
eration, I  shall  move  the  amendment  which  I  have  had  the  honor 
to  send  to  the  desk  of  the  Secretary. 

Mr.  JOHNSON,  of  Maryland. — When  this  bill  came  from  the 
committee  in  the  first  instance  and  was  first  seen  by  me  I  regarded 
it  as  being  most  clearly  objectionable  upon  the  ground  which  I  am 
now  about  to  discuss— it  trenching  upon  the  constitutional  power 
of  the  Executive.  I  was  not  here  when  the  bill  was  discussed 
as  it  originally  stood;  but  I  suppose  may  infer  that  in  the 
opinion  of^'the  majority  of  the  Senate  that  discussion  was  fatal  to 
the  bill,  and  that  the  reference  to  the  committee  was  made  in  or- 
der to  get  rid  of  the  objections  which  were  urged  in  that  de- 
bate. Now,  as  preliminary  to  the  remarks  I  propose  to  offer,  I 
ben-  leave  to  recall  the  attention  of  the  Senate  to  the  provision  in 
the  original  bill  so  far  as  it  is  material  to  the  point  at  issue.  It 
was  this  : 

"  And  for  the  purpose  of  ascerlaiiiingtlie  justice  anil  amount  of  sucli  part  of  said 
claims  as  have  not  been  allowed  oi  aulhentitaled  by  either  of  said  otilcprs;  the  Presi- 
dent be,  and  he  is  authorized,  to  appoint  a  board  consisting  of  John  Charles  Fre- 
mont, and  two  officers  of  said  hattaliou  while  in  service." 

The  decision  of  the  board  was  to  settle  the  whole  controversy 
as  between  the  government  of  the  United  States  and  the  claim- 
ants; and  the  objection  to  the  provision  was  that  Lieut.  Col.  Fre- 
mont was  one  of  the  parties  named  by  Congress  to  constitute  the 
board.  Since  tlien  the  bill  has  been  again  before  the  committee; 
and,  I  suppose,  with  a  view  to  obviate  the  objection  which  seemed 
to  be  apparent  on  the  face  of  the  bill  to  some,  and,  as  I  believe, 
to  the  majority  of  the  Senate,  or  it  would  not  have  been  recom- 
mitted, the  present  amendment  has  been  proposed.  In  my  opinion 
itdoes'not  obviate  the  objection.  The  original  bill  named  Lieut. 
Col.  Fremont,  and  limited  the  choice  of  the  Bresident  in  the  selec- 
tion of  the  others  to  two  officers  of  the  California  battalion.  The 
provision  of  the  amendment  is  ; 

"And  no  unascertained  claim  shall  be  paid  until  first  examined  by  tiie  late  comiimn. 
det  of  the  California  battalion.  J.  C  Fremont,  and  by  the  late  commissary  and  the 
]nte  paymaster  of  the  battalion.  Captain  Hensley  and  Major  Keading.  and  allowed 
by  them  or  a  majority  of  them  ;  and  payment  ni'  such  unascertained  claims,  as  soon 
as  allowed  and  certified,  shall  be  made  to  the  claimants  in  Calilornia  liy  some  proper 
disbursing  officer,  duly  appointed  or  designated  lor  that  purpose." 

So  far,  perhaps,  it  was  within  the  power  of  the  Executive.  But 
that  did  not  answer  the  purpose.  The  purpose  is  not  only  to  exclude 
claims  which  shall  not  liave  been  examined  and  allowed  by  Lieut. 
Col.  Fremont,  but  to  provide  for  the  payment  of  the  claims  which 
shall  be  so  allowed;  and  with  a  view  to  that  object  the  amendment 
goes  on  to  say  : 

"And  all  claims  not  presented  and  allowcl  within  one  year  and  a  hall  fioiii  the 
time  of  passing  this  bill  shall  he  forever  barred  ;  and  the  compensation  of  the  exam- 
ining persons  sTiall  be  according  to  that  of  tlieir  respective  ranks  in  the  late  battalion, 
and 'shall  be  paid  out  of  the  appropriation  cuniained  in  this  bill,  and  shall  make  re 
turn  of  their  pioceedings  to  the  War  Department." 

Now,  with  all  due  deference  to  the  committee,  if  the  original 
bill  was  liable  to  objection,  the  amendment  is,  if  possible,  still 
more  objectionable.  The  objection  to  the  original  bill  was, 
that  we  took  from  the  Execntive  the  appointment  of  one  mem- 
ber of  a  board,  to  consist  of  three  persons,  limiting  the  Ex- 
ecutive in  the  selection  of  the  remaining  members,  and  the  object 
of  the  committee,  in  good  faith  of  course,  and,  as  they  supposed 
perfectly  legitimate,  was  to  avoid  that  objection.  Their  amend- 
ment provides  for  the  appointment  by  Congress  of  all  the  members 
ol  the  board.  It  is  quite  iminatcriiil  whether  the  word  '"appoint'' 
be  found  in  the  law  or  not.  It  depends  upon  the  character  of  the 
duty  to  be  perlornied.  The  original  bill  says  that  the  judgment  of 
the  board  is  to  be  final  and  conclusive  on  the  suhject  of  all  the 
claims — final  against  the  government  where  the  claims  are  al- 
owed — final  against  the  claimants  where  disallowed. 

Without  attempting  to  show  that  the  provisions  in  both  cases 
are  precisely  alike,  or  that  if  there  be  any  dili'erence  it  is  rather 
against  the  amendment,  I  now  proceed  to  enquire,  what  is  the 
character  of  the  duty  to  be  performed  ?  I  suppose  there  can  be 
no  doubt  that  that  duty  is  no  more  nor  less  than  judicial  in  its  cha- 
r^L-tcr — strictly  judicial:  that  this  board  con-iilutcs  an  inferior 
court  to  decide  between  the  United  States  and  suitors  to  the  Uni- 
ted States,  whether  anytliing,  and  ifanvihing,  what  is  due  to  them 
bv  us  ?  Is  it  not  judicial  ?  Why,  if  these  claims  are  all  known  and 
admitted  by  the  United  States,  pay  them  at  once.  If  the  claimants 
are  known,  and  the  amount  due  to  each  is  known,  let  it  he  paid  at 
once.  It  is  because  the  claims  of  these  individuals  are  not  admit- 
ted or,  because,  if  there  be  any  admitted  to  exist,  tho  amount  is 
not  admitted,  that  it  has  become  important  to  a)ipoiiit  a  board  to 
ascertain  the  facts,  and  to  decide  upon  the  facts,  and  the  law  which 
is  to  settle  the  existence  of  the  claims  as  well  as  the  amount  to  be 
paid.    The  duty  of  the  board  then  is  a  judicial  duty.    If  I  hava 


read  aright  the  opinion  given  by  the  Supreme  Court  upon  the  act 
relating  to  the  pensions,  widows  and  orphans,  so  much  relied  upon 
by  my  friends  from  North  Carolina  and  Delaware,  [Messrs.  Bad- 
ger and  Clayton,]  so  far  from  being  an  authority  to  support  the 
proposition  which  they  advocate,  it  is,I  think,  directly  the  other  way. 
First,  it  has  been  introduced  as  a  legislative  construction  ;  and, 
secondly,  as  a  judicial  interpretation.  A  word  on  both.  To  what 
weight  is  it  entitled  as  an  instance  of  legislative  construction? 
The  very  judicial  interpretation  relied  upon  by  my  learned  friends 
on  the  other  side  shows,  that  in  the  opinion  of  the  judiciary  it  was 
not  entitled  to  any  weight  in  that  aspect.  I  have  got  the  law  be- 
fore me,  and  no  man  can  read  it  without  perceiving  that  the  ques- 
tion asked  by  the  honorable  Senator  from  South  Carolina  [Mr. 
Butler,]  can  be  answered  only  in  the  affirmative.  What  did 
Congress  think  when  they  passed  that  act  ?  That  they  had  author- 
ity to  exact  of  the  judges  the  performance  of  the  duties  imposed. 
Why,  clearly,  they  thought  that  they  had  the  authority  to  impose 
upon  the  judges  the  duty  of  carrying  out  the  provisions  of  that  act. 
Whether  it  was  in  the  contemplation  of  Congress  that  the  duties 
were  judicial  or  extrajudicial  is  quite  immaterial.  So  far  as  the 
act  proves  any  thing  of  the  opinion  of  Congress  upon  the  question 
of  constitutional  power,  it  demonstrates  that  they  thought  they 
had  a  right  to  exact  of  the  judges  the  performance  of  these 
duties.  Had  they  any. such  authority?  Let  us  go  to  the  opin- 
ion relied  upon  for  a  different  purpose,  and  we  will  find  that  the 
judges  unanimWsly  decided  that  if  the  functions  which  they  were 
called  upon  to  discharge  by  that  act,  were  not  judicial.  Congress 
had  no  right  to  impose  them  upon  them.  Why,  then,  did  they  un- 
dertake to  exercise  those  functions  ?  They  go  on  to  say,  that  the 
duties  devolved  upon  them  by  the  act  did  not  partake  at  all  of  the 
judicial  character — that  they  look  to  other  employments  and  other 
functions,  and,  therefore.  Congress  had  no  power  to  impose  those 
duties  upon  them.  But  still  they  proceeded  to  execute  the  pro- 
visions of  the  act — and  why  ?  Because  they  considered  themselves 
merely  as  commissioners,  although  named  by  rheir  official  designa- 
tion— that  they  were  called  upon  to  perforqj  a  mere  ministerial 
duty,  in  the  discharge  of  which  they  were  willing  to  accede  to 
the  request  of  Congress.  How  tlid  they  come  to  that  conclu- 
-  sion  ?  Upon  two  grounds,  that  what  they  were  to  do  in  the  act 
was  not  final,  and  that  the  whole  was  to  be  returned  to  the  Secre- 
tary of  War.     This  is  their  language  : 

Tliat  neither  the  fcgislatire  nor  the  ezecutive  branch  can  constiuitionally  assign  to 
the  judtaal  any  duties  but  such  as  are  properly  judicial,  and  to  be  performed  in  a  ju- 
dicial manner. 

That  the  duties  assigned  to  the  circuit  courts  by  this  act  are  not  of  that  description, 
and  that  the  act  itself  does  not  appear  to  contemplate  them  as  such,  inasmuch  as  it 
subjects  the  decisions  of  these  courts  made  pursuant  to  those  duties,  first  to  the  coiisid- 
eraiiou  and  suspension  of  the  Secrerary  of  War,  and  then  tn  the  revision  of  the  Legis- 
lature ;  whereas,  by  the  constitution,  neither  the  Secretary  of  War,  nor  any  other  exe- 
cutive otficer,  nor  even  the  Legislature,  are  authorized  to  sit  a^  a  court  of  erroi-s  on  the 
judicial  acts  o,*  opinions  of  this  court. 

The  provision  of  the  law  to  which  they  referred  was  this. 

Sec.  4.  And  be  it  further  enacled.  That  the  Secretary  of  War,  upon-receipt  of  the 
proofs,  certiticate,  and  opinion  aforesaid,  shall  cause  the  same  to  be  dulv  filed  in  Ins 
office,  and  place  the  name  of  such  applicant  on  the  pension  list  of  the  United  States 
in  coil Ibrmity  thereto  :  Prai'tded  always,  That  in  any  ca.se  where  the  said  Secretary 
shall  have  cause  to  suspect  imposition  or  mistake,  he  shall  have  power  to  withhold 
I  he  name  of  such  applicant  from  the  pension  list,  and  make  report  of  the  same  to 
Congress  at  tlieir  next  session. 

As  a  legislative  construction  it  is  entitled  to  no  weight.  If 
it  proves  any  thing,  it  proves  that  Congress  thought  they  had  a 
right  to  impose  the  duty  on  the  judges  ;  the  judges  decidetJ  other- 
wise. As  a  judicial  construction  it  proves  notning  but  this  :  if 
you  are  disposed  and  I  am  willing  to  admit  that  you  may  draw 
that  inference,  that  the  judges  would  have  taken  into  considera- 
tion the  constitutionality  of  the  act.  What  is  this  bill  ?  Why  it 
makes  the  persons  named  the  judges  to  examine  tho  facts  and  de- 
cide upon  them.  It  appropriates  the  money  just  as  this  board 
shall  think  that  the  money  ought  to  be  appropriated.  It  dis- 
ti'ibutes  the  money  just  as  the  board  thinks  proper.  Now  I 
know  that  there  is  a  difficulty  not  only  in  relation  to  the  particular 
question  which  is  before  the  Senate,  but  in  relation  to  many  other 
questions  as  to  the  respective  powers  of  the  various  departments 
of  the  government.  It  is  not  in  every  instance  easy  to  draw  a  dis- 
tinct line,  but  that  does  not  prove  that  there  does  not  exist  a  line 
of  demarcation  between  their  separate  powers.  It  has  been  pro- 
posed IVequnntly  for  many  years  past,  to  constitute  a  board  to  de- 
cide upon  all  claims  existing  now  or  hereafter  against  the  go- 
vernment. Now  I  put  it  to  Senators  whether  it  is  in  the  power 
of  the  legislature  to  appoint  that  board.  What  says  the  consti- 
tution ? 

"He  sSall  have  posver,  by  and  with  the  advice  and  consent  of  the  Senate, 
to  make  treaties  provided  two  thirds  of  the  Senators  present  concur;  .and  he 
shall  nominate,  8,id  by  and  with  the  advice  and  consent  of  the  Senate,  shall  appoint 
ambassadors,  ollior  piiblle  minislers  and  consuls,  judges  of  the  Supreme  Court,  and  all 
other  otficers  of  the  Ignited  States,  whose  appointments  are  not  herein  otherwise  provi- 
vided  for,  and  which  shall  he  established  by  law  :  hut  llie  Congress  may,  by  law,  vest 
the  apiioiiitment  of  such  inferior  offir-ers,  as  they  think  proper  iu  the  President  alone, 
ill  liiccLHirls  of  law,  or  in  the  heads  of  departments. 

Can  any  body  doubt  that  the  three  individuals  named  in  this 
act  will  be  officers  of  the  United  States,  called  upon  to  dis- 
charge these  particular  functions.  What  arc  they,  if  they  be  not? 
Aro  they  the  officers  of  the  Congress  of  the  United  States,  con- 
tra-distinguished from  officers  of  the  United  States  ?  Is  there 
such  a  thing  known  in  the  constitution,  as  an  officer  of  the  legisla- 
tive power  as  contra-distinguished  from  an  officer  of  the  United 
States,  except  when  in  the  words  of  tho  constitution  the  legisla- 
tive bodies  are  authorized  to  appoint  their  own  olfieers  ?  No.  The 
moment  these  coinuiissionors  come  into  existence  by  this  act  they 


April  28.] 


CALIFORNIA  CLAIMS. 


551 


at  once  become  officers  of  the  United  States.  The  only  question 
remaining  is,  are  their  functions  such  that  they  would  be  consid- 
ered as  having  been  appointed  merely  for  the  purpose  of  discharg- 
ing some  duty  not  falling  wthin  the  range  of  those  duties  contem- 
plated by  some  law  of  the  United  States  Tho  honorable  Senator 
from  Delaware  [Mr.  Clayton]  tells  us  that  ho  will  not  stop  to  in- 
quire whether  these  gentlemen  will  not,  if  this  law  should  pass,  be 
officers  of  the  Uniied  States  within  the  meaning  of  these  terms  as 
used  in  the  coustitution.  He  has  found  out  a  new  power  in  Con- 
gress, and  what  is  that  ?  It  is  in  the  terms  "necessary  and  pro- 
per." How  did'lie  make  it  out  ?  Several  Senators  who  have  spoken 
on  this  subject,  uiid  perhaps  all  have  agreed  that  there  are  no  three 
men  in  tho  United  States  so  well  qualified  to  decide  upon  these 
claims,  as  the  gentlemen  named  in  the  act,  and  thereupon  the  Sen. 
ator  from  Delaware  gravely  concludes  that  as  we  have  authority 
to  pay  the  debts  of  the  United  States,  and  to  pass  all  laws  neces- 
sary to  carry  into  execution  these  laws,  we  must  have  the  au- 
thority to  appoint  these  men. 

Mr.  CLAYTON.— I  said  that  it  was  a  necessary  incident  to 
our  legislative  powers. 

Mr.  JOHNSON. — Just  so.  Let  us  examine  that  position.  Why 
we  have  sometimes  thought  on  this  side  of  the  chamber,  that  there 
was  a  great  deal  of  misconduct  in  some  of  the  Executive  depart- 
ments. In  the  opiniiin  of  some  of  us  the  Secretarj»of  the  Trea- 
sury has  not  faithfully  discharged  his  duty.  The  Secretary  of 
War  has  also  been  occasionally  denounced  for  neglecting  his  duty, 
or  for  raal-administration  of  his  office.  Well  now  we  have  the 
authority  to  lay  and  collect  taxes,  to  raise  and  support  armies. 
These  are  legislative  powers.  Will  the  Senator  contend  that  in 
order  to  carry  out  these  powers  with  efficiency  and  fidelity,  we 
must  have  some  authority  to  appoint  the  officers,  who  are  to  col- 
lect the  taxes,  and  conduct  the  operations  of  the  army.  It  is  a 
legislative  power  under  the  constitution  to  raise  and  support  ar- 
mies. There  are  certain  men  in  the  United  States,  in  the  opinion 
of  Senators,  who  alone  are  able  to  march  the  army  to  the  Held  and 
conduct  it  to  victory.  Have  we  then  the  power  to  appoint  these 
officers  ?  To  make  the  declaration  of  war  eHectual— to  effect  our 
object  in  raising  an  army,  it  may  be  in  our  opinion  obsolutely  ne- 
cessary— and  I  mention  the  name  in  no  invidious  sense — to  place 
at  the  head  of  the  army  General  Winfield  Scott.  Have  we  a  right 
then  to  place  him  by  law  at  the  head  of  the  army  ?  Again,  we 
have  a  right  to  levy  duties  and  lay  taxes,  to  pay  tho  public  debt, 
and  provide  for  the  general  welfare  of  Uniied  States.  It  is  a  very 
material  matter  to  be  considered,  in  carrying  nut  that  power,  to 
whom  shall  be  entrusted  the  duty  of  collecting  taxes.  I  trust 
one  man,  and  distrust  anoiher.  Because  we  are  clothed  with 
legislative  power  to  lay  duties  on  imposts,  and  are  invested 
with  authority  to  pass  all  laws  necessary  and  proper  to  carry  into 
execution  all  our  legislative  pow-er,  we  will  name  the  collectors  ! — 
I  defy  the  ingenuity  of  man — I  speak  now  of  the  argument  of  the 
Senator  from  Delaware — to  avoid  the  conclusion,  that  the  reason- 
ing of  the  honorable  Senator,  if  pushed  to  its  legitimate  result, 
must  take  from  the  Executive  powers  which  have  never  been  ques- 
tioned. The  honorable  Senator  has  remarked,  and  perhaps  with 
a  good  deal  of  truth,  that  the  tendency  of  the  times  is  to  curtail 
the  legislative  and  enlarge  Executive  power.  It  gives  me  no  alarm 
and  never  has  at  any  period.  I  believe  now,  as  I  have  ever  be- 
lieved, that  the  power  conferred  upon  the  Executive  by  the  consti- 
tution in  two  of  the  particulars  most  censured,  and,  in  the  opinion 
r)t'  some,  the  most  practically  mischievous,  is  indeed  the  mo?;t 
wholesome  grant  of  po-v^-er  to  be  found  in  the  instrument.  I  mean 
the  power  of  the  veto  and  the  power  of  appointment  to  office.  I 
believe,  as  firmly  as  I  do  in  my  own  existence,  that  this  noble 
government  could  not  have  lasted  to  the  present  day,  if  the 
power  of  the  veto  had  not  formed  a  part  of  the  Executive  power, 
not  that  it  has  not  been  abused,  and  in  some  cases  improperly 
exercised,  but  because  its  existence  has  prevented  such  mis- 
chievous, ruinous,  and  tyrannical  legislation  as  would  have  caused 
the  Union  to  fall  into  fragments.  It  is  this  power  that  se- 
cures to  the  smaller  States  all  their  rights.  What  do  we  often 
see  ?  Popular  passion,  excited  and  inflamed,  finding  its  way  into 
the  halls  of  legislation,  and  the  rights  of  the  minority  trampled 
upon  in  violation  of  all  the  guaranties  in  the  constitution.  And  what 
more  than  anything  else,  prevents  the  successful  assaults  of  popular 
passion  upon  the  guaranties  of  the  constitution,  except  the  knowl- 
edge that  there  exists  in  the  government  one  man  who  can  stop  it 
until  the  question  is  submitted  to  tho  sober  good  sense,  better 
thought,  and  matured  consideration  of  the  people  ?  As  to  the 
power  of  appointment  to  office,  if  I  were  called  upon  to  take  a 
part  in  the  formation  of  the  constitution  to-morrow,  I  should  give 
the  power  to  the  Executive.  No  man  feels  higher  respect  for  the 
Senate  of  the  United  States,  or  Congress,  than  I  do  ;  but  there  is 
no  one,  at  all  familiar  with  the  constitution  of  legislative  bodies, 
who  could,  I  think,  consent  that  either  house  of  Congress  should  ex- 
ercise such  a  power.  I  admit  that  there  have  been  abuses  of  this 
power,  for  where  power  is  great  iii  human  hands,  it  will  be  abused. 
But  to  talk  of  the  abuse  of  this  power  in  the  hands  of  the  Executive, 
and  that  a  remedy  is  to  be  found  in  taking  it  upon  ourselves,  is  the 
extreme  of  folly.  Were  the  power  of  appoinment  to  office  vested 
in  Congress,  the  most  mischievous,  ruinous  results  would  follow. 
The  number  of  the  "Federalist,''  upon  the  subject,  is  entitled  to 
great  consideration,  and  addresses  itself  most  favorably  to  the  un- 
derstanding of  the  American  people,  written  by  Alexander  Ham- 
ilton, who  ever  wrote  with  a  pen  which  illumined  every  paae  on 
which  it  was  employed.    He  shows  that  it  was  not  only  better  to 


place  the  power  in  the  hands  of  the  President,  but  that  it  was  ne- 
cessary to  do  so.  But  what  right  has  my  friend  from  Del- 
aware to  suppose  that  the  President  of  the  United  States,  finding 
the  three  persons  named  in  the  bill  to  be  the  best  qualified  men  in 
the  country,  wi'l  not  appoint  them  to  discharge  this  duty  ?  I  have 
a  right  to  infer,  if  he  is  an  honest  man,  and  I  am  nut  here  to  say 
he  is  not — if  he  is  an  intelligent  man,  and  I  am  not  here  to  deny 
it,  that  the  ."-ame  evidence  that  satisfies  the  Senate  that  these  men 
ought  to  be  appointed,  will  satisfy  and  ought  to  satisfy  the  Presi- 
dent. But,  again  :  how  does  the  Senator  know  that  the  judgment 
of  the  Senate,  which  he  imagines  to  exist — and  I  believe  it  does, 
so  far  as  I  know  wiih  respect  to  these  individuals — will  be  tha 
judgment  of  the  House  ?  They  are  to  go  through  an  ordeal  of  two 
hundred  and  thirty  members  of  the  other  house.  I  do  not  speak  of 
the  present  instance,  but  party  considerations  may  come  to  interlero 
with  the  selection  of  individuals  to  perforin  the  duties  devolved  upon 
them  by  actsof  Congress,  if  the  power  of  appointment  is  to  be  lodged 
in  the  hands  of  these  legislative  bodies.  Suppose  the  House  does 
not  decide  that  these  are  the  best  men  to  be  selected,  and  that  they 
insert  instead  of  this  provision,  such  a  one  as  has  been  proposed  by 
the  Senator  from  Virginia,  [Mr.  Mason,]  would  my  friend  from 
Delaware,  then  reject  the  bill  ?  Why,  certainly,  he  could  not  say 
that  he  would  not  pass  the  bill,  because  unless  these  men  were 
appointed,  our  legislative  power  will  not  be  properly  exercised.  I 
am  very  far  from  saying  a  word  in  disparagement  of  either  of  the 
gentlemen  named  in  the  bill.  I  think  they  are  qualified  for  this 
office,  but  what  I  mean  to  say  is,  and  I  say  it  with  all  the  confi- 
dence which  we  can  have  in  such  a  case  as  this,  that  it  will  be  a 
great  deal  better  to  appropriate  the  seven  hundred  thousand  dol- 
lars at  once,  and  pay  the  money  into  the  hands  of  Lieut.  Colonel 
Fremont  forthwith,  and  let  him  go  to  California  and  pay  the 
claims,  than  strike,  as  I  conceive  we  shall  do  in  the  passage  of  this 
bill  in  its  present  form,  a  blow  at  the  constitution. 

A  word  on  another  topic,  and  I  have  done.  My  friend  from  Tex- 
as, [Mr.  Rusk,]  yesterday,  and  on  a  former  occasion  in  which  he 
addressed  the  Senate  upon  this  bill,  stated  that  the  judgment  of 
these  arbitrators,  or  whatever  you  may  term  them,  would  be  noth- 
ing more  than  evidence  of  the  existence  of  these  claims.  It  is  not 
so.  I  fully  admit,  that  we  can  by  a  committee  of  our  own  body, 
have  testimony  taken  upon  which  the  Senate  is  to  act.  I  admit  that 
we  may  authorize  testimony  to  be  taken  before  any  tribunal  exist- 
ing, or  we  may  create  for  the  purpose  a  tribunal  to  take  it  and  report 
it  to  us,  and  on  which  we  are  to  act  in  our  legislative  capacity ,  and 
order  to  enable  us  to  act  in  that  capacity.  But  this  is  not  the  charac- 
ter of  this  bill.  What  these  commissioners  are  authorized  to  do,  is 
not  to  collect  the  evidence,  but  to  decide  the  case.  They  are  to  make 
no  report  to  us,  upon  which  we  arc  afterwards  to  decide,  but  they 
are  of  themselves  and  by  themselves,  in  the  exercise  of  their  own 
judgment,  to  settle  forever  the  question,  whether  there  are  any 
California  claims,  and  if  any,  what  they  are,  and  how  much  is  due, 
It  is  as  strictly  judicial,  as  absolutely  final  upon  the  whole  matter 
in  dispute,  between  the  claimants  »ndtlie  United  States,  as  would 
be  the  decision  of  the  Supreme  Court  of  the  United  States,  if  it 
could  get  there,  and  a  decision  of  that  tribunal  be  pronounced  upon 
the  case. 

Mr.  BADGER. — Before  I  proceed  with  the  remarks  which  j 
design  to  ofl'er,  it  is  proper  that  I  should  make  a  preliminary  state- 
ment, because  it  is  just  to  others,  and  because  I  ought  to  apolo- 
gize for  having  so  olten  trespassed  on  the  attention  of  the  Senate. 
The  particular  provision  of  this  bill,  which  has  exciled  so  long, 
and  so  earnest  a  discussion,  was  a  provision  suggested  and  insist- 
ed upon  in  the  committee  by  myself.  It  originated  with  me.  and 
with  no  one  else.  So  far  as  I  know,  until  I  suggested  it,  it  was 
thought  of  by  no  else;  and  I  suggested  it,  of  course,  under  the  impres- 
sion that  we  had  a  right  to  adopt  the  provision,  which  I  stUl  enter- 
tain, notwithstanding  the  observations  of  ray  friend  from  Maryland; 
and  because  I  chose  in  devolving  the  power  to  dispose  of  this 
amount  of  public  money,  in  the  peculiar  circumstances  of  these 
claims,  to  know  the  persons  on  whose  decision  and  award  the 
money  was  to  be  disposed  of.  Without  entering  into  any  inquiry, 
which  I  must  say  was  unnecessarily  brought  forward  by  my  friend 
from  Maryland,  as  to  what,  i^r  what  would  not  be  the  action  of  the 
President  of  the  United  States,  if  the  selection  was  left  to  him,  I, 
for  one,  did  not  choose  to  commit  the  selection  as  a  general  and 
indefinite  subject  of  choice  to  t^ie  disdu-etion  of  the  President  or 
any  body  else.  But  in  making  provision  for  the  ascertaining  and 
payment  of  claims  against  the  United  States,  arising  in  the  pecu- 
liar circumstances  which  characterize  these  California  claims;  to 
be  investigated  and  decided  upon  in  a  foreign  country,  I,  for  one, 
was  not  willing  that  this  duty  should  be  devolved  upon  any  but  the 
persons  selected  by  ourselves. 

After  this  statement,  I  beg  the  attention  of  the  Senate  to  some 
observations  m  reply  to  the  remarks  which  fell  from  ray  friend  from 
Maryland.  In  the  first  place  I  wfsh  to  notice  an  observation 
made  by  the  Senator  from  Virginia,  (Mr.  Maso.v.)  He  said,  if  I 
understood  him  aright,  that  I  knew  that  in  courts  of  law.  nothing 
was  considered  as  authority,  except  the  decision  or  adjudication  of 
an  appellate  tribunal. 

Mr.  M.ASON. — If  the  Senator  will  allow  me,  I  will  state  what 
I  said.  I  remarked  that  the  Senator  from  North  Carolina  well 
knew  that  in  a  court  of  law,  no  decision  was  taken  as  authority 
but  that  which  had  been  made  directly,  upon  the  point  under  con- 
sideration. I  mean  by  that,  that  in  a  subordinate  court  the  deci- 
sion of  an  appellate  court  is  the  law  of  the  court. 


552 


CALIFORNIA  CLAIMS. 


[Friday, 


Mr.  BADGER. — So  I  understood  the  Senator.  Before  I  pro- 
ceed to  examine  the  nature  and  character  of  the  precedents  relied 
upon  here,  allow  me  in  reference  to  that  point  to  say,  that  so  far 
from  understanding  it  to  be  as  the  Senator  from  Virginia  supposes 
I  understood  that  the  authority  which  guides  a  court  of  law  era- 
braces  not  only  the  case  of  an  express  adjudication  made  upon  the 
puint  and  made  in  a  higher  tribunal,  but  that  in  the  sense  in  which 
we  use  the  term  "authority,"  courts  of  law  cnnsider  themselves 
bound  by  their  own  adjudication  even  when  they  do  not  constitute 
the  appellate  tribunal.  They  feel  themselves  bound  by  the  course 
and  practice  of  their  own  court.  They  feel  themselves  bound  by 
the  judicial  course  of  proceeding  of  their  predecessors  in  ofHee. 
But  what  do  we  mean  by  this  hemg  bound?  Why,  of  course,  not 
bound  in  the  sense  in  which  an  inferior  tribunal  is  bound  to  execute 
the  decision  of  the  superior  court.  The  inferior  tribunal  is  bound 
to  obey,  and  can  be  compelled  to  oboy.  But  by  authority  I  mean 
those  judicial  measures  which  luorally  coerce  the  determination  of 
the  judge,  whether  they  satisfy  his  understanding  as  a  lawyer  or 
not.  There  can  be  of  course  no  physical  coercion — the  judge  is 
not  liable  as  he  would  be  for  his  contempt  ol  the  mandate  of  a 
superior  tribunal;  but  he  is  judicially  coerced  to  take  that  ground 
because  it  has  been  so  decided.  I  beg  to  refer  to  what  has  been 
said  by  two  or  three  distinguished  judges  on  this  subject.  [The 
honorable  Senator  quoted  from  Coke,  Kenyon,  and  others.]  These, 
then,  are  the  great  principles  Ujion  which  courts  of  justice  recog- 
nize not  only  adjudicated  cases,  but  the  constant  practice  of  the 
coiu'ts  as  being  authority  to  direct  them  in  the  decision  to  wliich 
they  came:  and  though  upon  examination  it  appears  that  '"wisdom 
■willeth  to  the  contrary,"  they  cannot  for  that  rea.son  disregard  it. 
They  must  understand  that  if  there  had  been  just  founda'ion  for 
objection,  it  would  have  been  taken  by  some  of  the  counsel  or 
judges,  and  that  the  point  would  not  have  been  permitted  to  pass 
sub  silentio.  It  is  a  necessary,  inevitable  rule.  Notwithstanding 
what  may  bo  said  by  gentlemen  in  theory,  and  said  with  great 
sincerity,  as  it  was  said  by  ihe  Senator  from  Virginia,  and  I  know 
that  what  he  speaks  here  and  elsewhere,  li*3  speaks  sincerely,  yet, 
in  point  of  fact,  we  cannot  get  along  with  the  administration  of 
this  government  without  habitual  reference  to  the  precedents  es- 
tablished by  those  who  have  gone  before  us. 

I  now  beg  the  attention  of  the  Senate  to  what  was  said  by  my 
friend  from  Maryland,  in  order  to  escape  the  force  of  the  decision 
of  the  judges  in  1792;  and  let  me  say  that  what  was  ruled  by  them 
is  of  paramount  importance,  both  on  account  of  the  person  who 
wrote  it  and  the  time  when  it  was  written.  That  eminent  person, 
Chief  Justice  Jay,  who  presided  in  the  circuit  court  whlcii  came 
to  this  conclusion  was  not  only  entitled  to  all  conttdence  and  re- 
spect on  account  of  the  most  pure  and  unsullied  integrity — integ- 
rry  never  surpassed  by  that  possessed  by  any  human  being — not 
only  on  account  of  his  eminent  legal  learning  and  high  mental 
powers,  but  because  it  so  happened  that  besides  being  contempo- 
raneous with  the  adoption  of  the  constitution  and  the  discussions 
upon  him,  he  furnishes  us  with  almost  an  authentic  interpretation 
ot  that  instrument.  He  had  studied  it  in  all  its  parts,  and  the 
time  when  this  decision  was  made  was  immediately  after  the  con- 
stitution was  put  into  operation.  There  was  no  party  excite- 
ment— no  heats  to  distract  the  judgment  or  mislead  the  proper  ex- 
ercise of  the  understanding — no  distrust  of  the  great  and  good 
man  then  at  the  head  of  this  nation,  as  he  stood  prominently  be- 
fore the  world  at  large.  It  was  a  question  decided  simply  upon 
intrinsic  merits.  Well,  now  let  us  see  what  was  decided.  My 
friend  frnm  Maryland  .'ind  myself  do  not  agree  as  to  the  decision. 
Ho  contends  that  the  judges  decided  that  the  duties  devolved  upon 
them  were  judicial.  Why?  Because  the  judges  were  to  do  nothing 
but  simply  to  collect  testimony,  and,  in  the  next  place,  they  were 
not  to  decide  judicially,  but  to  report  to  the  head  of  the  depart- 
ment. I  think  my  friend  is  entirely  mistaken  as  to  what  the  en- 
actment is.  The  judges  were  not  merely  to  collect  testimony,  for 
the  .second  section  of  the  act  provides  : 

[The  honorable  Senator  read  the  section  which  has  been  already 
given.] 

Well,  now,  did  the  judges  understand  that  they  were  merely  to 
get  together  and  collect  testimony  ?  No.  The  act  confines  them 
to  no  such  duly,  but  requires  their  decision  to  be  made,  their  opin- 
ion to  be  written,  and  transmitted  to  the  head  of  the  department. 
The  decision  of  the  court  was  both  according  to  the  act  as  it 
plainly  reads,  and  what  is  more  important  on  the  present  occasion, 
as  the  judges  understood  it.  They  understood  it  to  ho  an  act  un- 
der which  thoy  were  tct  take  testimony,  form  an  tjpinion,  and  cer- 
tify a  decision.  The  honnrable  Senator  from  South  Carolin.a, 
(Mr.  Cai.houn,)  shakos  his  head.  Ho  will  have  an  oppurtuniiy 
when  I  have  concluded,  to  show  that  I  am  in  error.  The  words 
of  the  act  I  have  read,  and  they  sustain  mo  in  the  view  which  I 
have  taken. 

Mr.  CALHOUN. — I  shook  my  head  because  the  practice  of  the 
Office  is  quite  the  contrary. 

Mr.  BADGER.— What  OfTioc  ? 

Mr.  CALHOUN. — The  Pension  OfTicc— under  the  direction  of 
the  War  Department      The  practice  is  entirely  diflerent. 

Mr.  BADGER. — I  have  not  said  one  word  about  the  practice  of 
the  Pension  Office.     It  may  be  anything  or  nothing. 

Mr.  CALHOUN. — The  Senator  spoke  of  the  decision  of  the 
judges  as  being  final  in  the  pension  cases. 

Mr.  BADGER. — I  stated,  as  a  pertinent  answer  to  the  Senator 


from  Maryland,  that  the  judges  of  the  circuit  court  of  the  United 
States  did  not  consider  that  they  were  discharging  a  mere  ministerial 
function  in  collectmg  testimony,  but  that  tuey  were  to  come  to  an 
opinion  and  certify  their  decision;  and  one  of  their  objections  to  the 
act  was  lh5t  their  decision  was  to  be  reconsidered,  and  did  not 
operate  by  its  own  power.  The  judges  say  that  they  decline  to 
execute  the  duties  imposed  upon  them.  The  duties  imposed  upon 
them  were  not  judicial,  and  the  Legislature  did  noi  contemplate 
them  to  be  judicial.  What  then  did  the  judges  du  ?  This  is  tho 
real  point  of  the  matter.  This  is  an  act  of  Congress,  which  says 
that  the  judges  of  the  circuit  courts  shall  exercise  certain  func- 
tions. The  judges  say,  that  as  judges  of  the  circuit  court,  Con- 
gress has  no  right  either  to  compel  us  to  exercii-e  these  functions, 
or  to  confer  them  upon  us.  So  far  as  the  act  was  an  attempt  to 
confer  anything  upon  the  judges,  as  judges,  it  was,  so  far  as  the 
opinion  went,  annulled.  What  do  the  judges  say  next  ?  That 
they  will  understand  the  act  as  appointing  them  commissioners  by 
olUcial  instead  of  personal  description.  For  instance,  the  judges 
say  tliat  they  will  understand  the  act  to  mean,  that  in  the  State  of 
New  York,  John  Jay,  and  the  other  two  judges  named,  shall  be  com- 
missioners. Then  the  judges  assume  that  Congress  could  by  the  act 
have  appointed  three  commissioners  by  name,  for  the  ground  upon 
which  they  act  is,  that  Congress  have  appointed  threeindividuals, 
not  as  officers,  describing  them  by  their  official  instead  of  personal 
description.  They  say  it  is  a  tender  of  an  office  to  them  ;  for  they 
say  "as  thersfore  the  business  assigned  this  court  by  the  act  is  not 
judicial,  nor  directed  to  be  performed  judicially,  the  act  can  only 
be  considered  as  appointing  commissioners  for  the  purposes  men- 
tioned m  it  by  official  instead  of  personal  descriptions."  The 
judges  regard  themselves  as  the  commissioners  designated  by  this 
act  ;  and,  therefore,  being  at  liberty  to  accept  or  decline  that 
office  ;  and  what  did  they  do  ?  Why,  they  proceed  to  accept  the 
office  and  discharge  the  duties  of  it  ;  and  with  an  extreme  solici- 
tude to  show  that  they  had  not  assumed  these  duties  as  judges, 
ibey  adjourned  the  court  from  day  to  day  as  usual,  and  in  the  in- 
tervals heard  this  evidence,  and  formed  the  opinion  which  the  law 
required.  How  is  it  possible,  if  this  ease  is  to  be  respected,  that 
the  ingenuity  of  man  can  get  over  it  ?  What  is  the  case  now 
before  the  Senate  ?  It  is  to  appoint  certain  persons  to  discharge 
certain  functions,  which  the  gentlemen  on  the  other  side  say,  con- 
stiiute  an  office.  Well,  in  a  certain  sense  of  the  word  "office," 
I  shall  not  deny  it.  But  it  said,  that  we  have  no  power  to  desig- 
nate those  as  the  individuals  who  are  to  perform  these  duties.  But 
precisely  the  same  thing  was  done  in  the  act  of  '92.  and_the  judges 
declared  that  Congress  had  the  undoubted  power  to  name  these 
commissioners,  and  that  they  had  the  right  either  to  accept  or  de- 
cline the  office  of  commissioners,  on  which  they  proceed  to  accept 
and  discharge  the  duties. 

My  frieiu!  from  Maryland  has  discovered  a  very  ingenious  mode 
of  getting  rid  of  the  weight  of  this.  He  says  that  the  judges  in 
that  ease  determined  that  the  duties  were  not  judicial  :  and  that, 
therefore,  there  is  no  precedent  here,  and  why?  He  says  that  the 
duties  conferred  upon  the  persons  named  in  the  amendment  to  the 
bill  are  strictly  judicial  duties.  His  whole  argument  is  based  upon 
that,  and  yet,  if  I  understand  it,  he  has  no  objection  to  the  amend- 
ment offered  by  the  honorable  Senator  from  Virginia.  Let  us 
look  into  this  for  a  moment.  He  has  asked,  very  triumphantly, 
il  under  the  constitution  there  are  any  officers  known  except  offi- 
cers of  the  United  States  ?  I  reply  by  another  interrogatory — is 
there  any  judicial  power  known  under  this  constitution,  but  the 
judicial  power  of  the  United  States  ?  I  presume  the  answer  must 
be  in  the  negative.  Well,  then,  is  mv  friend  willing  to  vote  for 
the  provision  proposed  by  the  Senator  from  Virginia  ?  The  provi. 
siuu  of  the  constitution  is  clear  and  express,  that  the  whole  judicial 
power  of  the  United  States — there  is  no  exception — shall  be  vested 
in  one  Supreme  Court,  and  in  such  inferior  tribunals  as  the  Con- 
gress may  from  time  to  time  ordain  and  establish;  and  that  the 
judges  of  all  these  courts  shall  hold  their  office  during  good  beha- 
viour. Now,  if  my  liiend  be  sincere — and  no  doubt  he  is,  there  is 
no  man  more  sincere  than  he,  as  there  is  no  man  more  generally 
correct,  but  on  this  occasion  he  is,  I  think,  singularly  mistaken — if 
he  be  correct  in  maintaining  that  the  powers  to  be  exercised  by 
these  commissioners  are  judicial  powers,  must  lie  not  admit  that 
they  cannot  be  conferred  except  upon  a  court  of  the  United  States? 
This  is  clear.  The  consiitution  is  imperative.  No  human  inge- 
nuity can  make  a  difficulty  about  it.  Well,  now,  ho  must  take 
one  side  or  the  other.  If  the  power  be  judicial,  lie  cannot  confer 
it  upon  the  commissioners;  ho  must  confer  it  up  m  a  court.  If  it 
lie  not  a  judicial  power  within  the  constitution  of  the  United  States, 
the  argument  of  the  Senator  falls  to  the  ground.  He  may  take 
cither  horn  of  the  dilemma.  It  is  impossible  that  ho  can  escape 
from  it,  with  all  his  learning,  and  acuteness,  and  long  experience 
in  the  courts  It  is  a  judicial  power  or  it  is  not.  He  affirms  it  to 
he  judicial.  Then  it  can  be  vested  only  in  a  court  of  the  United 
States.  If  not  judicial,  his  argument  falls,  for  it  is  based  upon 
that  assumption. 

I  do  not  understand  the  Senator  as  denying  that  Congress  may 
appoint  an  arbitrator.  So  far  as.1  know,  tha'  has  not  been  denied 
by  any  gentleman  who  has  sjiokpn  on  the  subject.  Are  not  tho 
functions  of  arbitrators  judicial?  How  are  ihcy  described  in  tho 
ordinary  language  of  the  books?  An  arbitrator  instead  of  being 
a  judge  appointed  by  public  authority  to  decide,  is  a  private  judge 
nominated  by  the  parties  in  the  controversy.  Can  any  thing  ba 
clearer?     What  was  the  question  about  the  Pea  Patch  Island? 

Mr.  BUTLER,  (in  his  seat.) — Did  tho  Senator  ever  bear  of  an 
ex  parte  arbitrator? 


April  28.] 


CALIFORNIA  CLAIMS, 


653 


Mr.  BADGER.— I  shall  notice  that  before  I  have  done.  The 
Senator  is  something  like  my  honorable  friend  from  Maryland,  he 
did  not  survey  the  whole  ground,  before  he  ventured  his  position  ! 
It  is  conceded  that  we  can  appoint  an  arbitrator.  It  is  beyond 
dispute  that  the  functions  of  an  arbitrator  are  judicial.  It  is, 
therefore,  manifest,  whatever  other  difficulty  may  e.xist,  that  so  far 
as  the  argument  of  my  friend  I'roni  Maryland  which  he  brought 
forward  with  a  considerable  air  of  triumph  and  announced  as  con- 
clusive, if  conclusive  against  any  thing  it  is  against  the  bill 
in  neither  of  the  forms  contemplated;  and  makes  it  necessary  that 
we  should  establish  a  court  and  make  judges  for  good  behaviour. 
But  I  was  about  to  remark  that  this  unusual  mode  of  interpreta- 
tion would  place  us  in  this  extraordinary  position.  Ho  says  that 
f>  audit  and  settle  accounts  against  the  United  States  is  a 
j  idicial  power  within  the  constitution  of  the  United  Stales, 
and  that  the  judicial  power  cannot  by  law  be  treated  other- 
wise than  as  a  judicial  power.  And  yet  he  admits  tliat  wc 
may  authorize  any  of  our  committees,  if  we  please,  to  ex- 
amine into  these  claims,  to  produce  the  evidence  and  to  fur- 
nish it  to  us,  and  that  then  we  can  decide  the  claims,  and 
that  when  we  have  come  to  an  conclusion,  we  can  act  upon  it  and 
pay  the  money.  Well,  then,  if  to  examine  into  claims  be  a  judi- 
cial power,  where  did  Congress  get  that  power  ?  Where  can  it 
be  devolved  according  to  the  plain  letter  of  the  constitution,  but 
in  the  courts  of  the  United  States  ?  M^hat  is  the  result  ?  W'e 
cannot  adopt  such  an  interpretation  of  the  constitution.  It  would 
not  only  make  the  constitution  mischievous,  but  impracticable.  It 
would  make  it  not  only  inoperative  as  beneficially  as  it  might  ope- 
rate, but  would  prevent  it  from  moving  at  all.  If  this  rule  bo 
true,  the  business  of  government  cannot  be  carried  on  a  day.  Are 
not  claims  settled,  audited,  determined  upon,  and  paid  by  your 
committee  of  accounts  in  this  chamber,  and  when  so  settled,  are 
ptid  by  disbur.->ing  oflicers  of  this  body  from  the  contingenc 
limd,  placed  at  their  disposal?  As  was  said  by  my  friend  from 
Kentucky  the  other  day,  is  it  not  clear,  and  such  must  be  the  eflect, 
that  to  a  certain  extent  there  are  powers  of  an  Executive  characti  r 
which  we  exercise,  of  a  legislative  character,  that  the  judges  ex- 
ercise, and  of  a  judicial  kind  that  we  exercise?  How  are  we  to 
ascertain  the  true  boundaries  upon  this  subject  ?  I  humbly  appre- 
hend by  no  other  possible  rule  than  that  of  plain  common  sense, 
unless  we  intend  to  embarrass  ourselves  at  every  step  by  technical 
difTiculties.  We  are  to  interpret  the  constitution  according  to  the 
sense  in  which  it  was  formed  by  the  plain  men  who  were  its  au- 
thors, and  put  it  into  execution.  We  arc  to  continue  to  cany  it 
out  as  it  has  been  executed  heretofore,  without  a  doubt  expressed 
from  any  quarter  sufficiently  eminent  to  have  it  handed  down  to 
us.  As  was  well  said,  by  my  friend  from  Delaware,  Congress  is 
charged  with  this  special  duty,  of  paying  the  debts  of  the  United 
States,  and  is  it  not  a  strange  and  extraordinary  interpretation  to 
say,  that  Congress  may  not  ascertain  and  pay  the  debts  of  the  Uni- 
ted States,  without  calling  in  the  action  of  the  E.xeeutive  branch 
of  government  to  assist  them  ?  That  is  the  necessary  result  of 
his  argument,  when  pushed  to  its  extreme.  We  cannot  even  pay 
the  charges  against  our  contingent  fund,  without  an  appeal  to  the 
Executive — il  the  argument  of  the  gentleman  from  Maryland  bo 
sound.  The  whole  government  becomes  impracticable,  if  .such  be 
the  true  interpretation  of  the  constitution. 

The  case  put  by  the  Senator  from  Maryland,  about  appointing 
a  general  to  take  charge  of  the  army,  so  far  from  interfering  with 
my  argument,  strongly  confirtns  it.  We  propose  to  ascertain  and 
pay  a  debt.  That  is  the  exercise  of  a  function  conferred  upon  us  by 
the  constitution.  With  regard  to  this  case  also,  the  honorable 
Senator  entirely  overlooks  the  fact,  that  although  Congress  has 
the  power  to  declare  wiw,  and  therefore  as  I  conceive — though 
some  gentlemen  do  not  even  admit  that  as  an  incident  to  the  jiow- 
er  of  declaring  war — the  right  to  declare  the  purpose  lor  which  the 
war  is  to  be  waged,  yet  it  is  conceded  by  all,  that  as  the  Presi- 
dent of  the  United  States  is,  by  the  constitution  of  the  United  States, 
commander-in-chief  of  the  army  nf  the  United  Slates,  the  actual 
direction  of  the  army  must  be  in  his  hands.  Therefore,  if  we  were 
to  undertake  by  law  to  appoint  officers  in  his  army,  it  would  bo 
obviously  a  violation  of  the  constitution.  My  friend  also  lays  down 
that  where  the  power  in  question  is  purely  legislative,  it  follows 
that  Congress  has  a  right  to  adopt  just  exactly  the  agents  for  its 
execution,  that  they  deem  most  proper.  Where  the  power  is  of 
an  'Executive  character,  the  ofTicer  must  be  appointed  by  the 
President. 

My  friend  from  Maryland  conceives  that  the  amendment  is  more 
exceptionable  than  the  original  provision  of  the  bill,  because  the 
latter  named  only  one  of  the  persons,  whereas  the  former  names 
all  three.  Now,  I  say  on  the  contrary  to  him,  that  for  that  very 
reason  I  consider  the  amendment  a  great  deal  better  than  the  bill"; 
for  what  is  ihe  objection  with  respect  to  the  constitutional  power? 
Beyond  all  doubt,  if  we  name  one  of  the  gentlemen,  wo  can  name 
the  three  ;  and,  therefore,  the  amendment  remains  on  the  same 
looting  as  if  one  oiify  were  named.  I  had  supposed  that  it  was 
generally  understood  that  the  amendment  would  be  satisfactorv  ; 
not,  as  the  Senator  from  Maryland  supposes,  that  the  recommit- 
ment was  made  because  a  majority  of  the  Senate  was  opposed  to 
the  bill,  but  because  some  Senators  were  of  opinion  that  debate 
.  and  difficulty  would  ensue.  Some  debate  had  sprung  up,  and  it 
was  thought  advisable  to  avoid  the  delay  which  discussion  would 
occasion,  and  that  therefore  it  was  advisable  to  present  an  amend- 
ment which  would  obviate  the  objections  that  had  been  ur"ed. — 
What  does  the  bill  propose  ?  He  says  that  it  devolves  judicial 
powers.     What   are   they?     Why   there  are  certain  claims,  the 

30th  Cong.— 1st  Session — No.  70. 


amounts  of  which  and  the  persons  to  whom  due,  are  not  ascer- 
tained. This  bill  appoints  three  persons,  with  authority  to  exam- 
ine into  these  claims,  and  provides  that  upon  their  certificate  the 
claims  shall  be  paid.  Now,  the  Senator  admits  that  Congress  has 
the  right  to  prescribe  rules  of  evidence,  and  this  bill  only  provides 
that  the  certificates  of  these  commissioners  shall  be  evidence  of  the 
justice  of  these  claims.  He  admits  that  there  is  no  objection,  pro- 
vided they  all  shall  undergo  the  supervision  of  Congress  or  heads 
of  departments.  But  if  Congress  has  the  right  to  prescribe  what 
shall  be  prima  facie  evidence,  where  is  there  a  constitutional  pro- 
hibition against  their  prescribing  what  shall  be  conclusive  evidence  ? 
•  What  is  the  course  of  all  legislative  bodies  ?  Some  evidence  ihov 
make  presumptive,  some  prima  facie,  some  absolutely  conclusive', 
beyond  which  none  of  the  parties  can  go.  The  very  recital  in  the 
preamble  of  a  general  statute  of  the  existence  of  a  certain  siato 
of  facts  is  not  only  high  evidence,  but  as  I  conceive  conclusive  evi- 
dence in  every  court.  In  England,  even  the  statement  of  certain 
facts  in  a  proclamation  issued  by  the  sovereign,  and  published  in 
the  state  gazette,  is  prima  facie  evidence  in  all  courts  of  the  ex- 
istence of  such  facts.  All  governments  exercise  this  power,  and 
the  business  of  no  government  can  go  on  without  it.  What  are 
these  men  to  do  ?  I  am  not  disputing  about  terms,  but  about  the 
substance  of  things.  No  matter  whether  they  certify  to  the  exist- 
ence of  claims  upon  their  own  knowledge,  or  by  the  knowledge  ot" 
others  communicated  to  them,  their  certificate  is  nothing  but  an 
authority  to  the  proper  paymaster  or  disbursing  officer  to  pay  the 
amount  which  is  ascertained  to  bo  due.  I  have  said  that  I  do  con- 
sider it  highly  expedient  to  appoint  these  commissioners.  An  un- 
broken course  of  action  on  the  part  ol  this  government,  and,  if  I 
am  capable  of  understanding  it,  the  solemn  decision  of  a  high  tri- 
bunal shows  that  Congress  have  the  power  to  confer  upon  these 
persons  the  power  to  discharge  the  duties  presented  by  the  bill  be- 
fore the  Senate. 

Mr.  CALHOUN. — I  rise,  before  the  question  is  put,  to  make  a 
very  few  remarks  on  the  amendment  of  the  Senalor  from  Delaware 
to  the  amendment  reported  by  the  committee,  which  will,  I  sup- 
pose, in  point  of  order,  be  put  first.  That  amendment  provides 
that  these  officers,  commissioners,  or  whatever  they  may  be  called, 
shall  be  sworn  to  perform  their  duties  faithfully  ;  secondly,  that 
they  shall  not  decide  upon  any  claims  in  which  any  of  them 
may  be  interested  ;  and  thirdly,  that  in  cases  where  any  claim  has 
been  transferred,  the  assignee  shall  receive  no  further  compensa- 
tion than  the  amount  which  they  paid  for  the  claim  with  legal  in- 
terest. This  amendment  deserves  a  good  deal  of  consideration. 
I  am  struck  with  the  use  of  the  word  ''appoint"  in  it.  It  says  "tie 
persors  appointed  to  perform  these  duties."  If  you  look  to  the 
amendment  reported  by  the  committee,  you  will  find  that  the  use 
oT  the  word  'appoint"  is  most  carefully  eschewed.  You  cannct 
find  that  word,  nor  any  one  of  tantamount  meaning,  in  the  amend- 
ment, from  beginning  to  end.  I  will  not  say  that  this  avoidance 
of  the  use  of  that  term  was  designed,  but,  certainly  great  care 
seems  to  have  been  taken  to  avoid  the  use  of  this  word.  Now,  - 
without  going  into  verbal  criticism,  let  mo  ask  what  is  the  force 
of  the  word  "appoint  i"  You  do  not  "'appoint"  to  an  emplov. 
ment  ;  that  was  never  heard  of.  You  "appoint"  to  office.  It  is 
the  specific  word  which  is  always  used  in  that  connection,  and. 
therefore,  I  have  been  struck  at  the  occurrence  of  this  word  in  the 
amendment  of  the  Senator  from  Delaware.  The  human  mind  is  a 
curious  organ  ;  and  the  force  of  habit  wilf  often  lead  to  the  use  of 
terms  of  which  the  person  may  not  be  conscious.  I  take  this  to 
be  a  case  of  that  description.  The  term  "appoint"  is  legitimate 
i  u  this  connection,  and  has  crept  into  the  amendment,  though  care-  / 
fully  avoided  in  the  original  bill  and  amendment  of  the  committee. 
Again,  the  amendment  acknowledges  that  the  exercise  of  the  pow- 
ers conferred  upon  these  commissioners  is  liable  to  be  very  greatly 
abused.  W^ithout  this  amendment  the  bill  would  allow  the  com- 
missioners to  decide  upon  claims  in  which  they  are  personally  in- 
terested- It  is  well  to  guard  against  that.  Not  that  I  suppose 
that  these  officers  would  abuse  the  power,  but  there  is  a  liability 
to  abuse.  The  amendment  indicates  another  great  abuse  to  which 
there  is  a  liability  under  the  original  bill.  These  claims  in  the 
wilds  of  California  are  in  the  hands  of  persons  who  know  nothin" 
of  their  value — -who  are  conversant  only  with  Mexican  faith,  whioE 
is  no  faith  at  all  :  and  as  they  put  very  little  value  upon  Mexican 
paper,  they  may  estimate  all  other  ])aper  equally  low,  and  mav 
have  passed  off  these  claims  for  a  bagatelle.  Here  is  an  obvious 
source  of  great  abuse  against  which  the  original  bill  and  the  ' 
amendment  of  the  committee  do  not  make  the  slightest  provision. 
But  while  attempting  to  guard  against  this  abuse,  the  Senator 
ought  to  have  guarded  against  all  other  abuses,  and  from  stem  to 
stern  the  whole  of  it  is  subject  to  abuse.  What  is  the  whole 
amount  of  this  thing  ?  You  withdraw  from  the  regular  settlement 
to  which  all  such  claims  in  all  other  cases  are  subject,  claims 
against  this  government  to  the  amount  of  seven  hundred  thousand 
dollars,  and  transfer  their  settlement  to  the  three  individuals 
named  m  this  amendment. 

There  is  not  a  particle  of  responsibility  in  the  whole  matter. — 
There  is  nothing  comes  befoi-e  the  government  but  the  certificate 
of  these  geutleraon.  The  importance  of  the  routine  of  examina- 
tion before  all  the  regularly  constituted  oliicers,  can  only  be  ap- 
preciated b}'  those  who  have  had  some  practice  in  it.  I  claim  the 
honor  of  instituting  this  process  of  examination,  and  it  has  saved 
to  the  government  many  thousands  of  dollars  annually.  When  I 
became  Secretary  of  War,  I  found  all  the  accounts  were  sent  up 
to  the  Treasury  without  pausing  through  the  War  Department  at 


554 


CALIFORNIA  CLAIMS. 


[Friday, 


all.     I  found  there  were  great  abuses.     An  act  was  passed,  drau-n 
ap'by  myself,  in  which  I  inserted  the  provision,  that  all  accounts 
should  pass  through  the  several  bureaus,  and  if  all  was  found  to  be 
right  after  examination,  they  should  be  endorsed  by  the  beads  of  the 
bureaus,  before  presentation  at  the  Treasury  for  payment.    What 
was   the   effect  of  this  ?     I  found  the  medical  department  costing 
t^e  government  a  hundred  thousand  dollars  a  year.     1  brought  this 
expenditure  down  to   twenty-five  thousand.     Other  expenditures 
were  subjected  to  the  same  process.     The  clothing  accounts  were 
reduced  two-thirds— the  quarter-masters'  accounts  one-half     The 
expenditures  of  the  department  were  brought  down  from  four  mil- 
lions to  two  millions  one  hundred  thousand.  ■ 
From  the   heads  of  bureaus  the  acounts  were  sent  to  the   Audi- 
tor,  an   officer   whose   name   indicates   his  duty  ;  and  then  to  the 
Comptroller,  the  highest  officer  of  the  Treasury,  before  they  were 
finally  paid.     And  vou   give   to  these  gentlemen  the  satne  power 
that  IS  confided  to  all  those  officers.     Can  this  be  right  1     None  of 
these  officers  have  equitable  jurisdiction,  yet  these  gentlemen  arc 
clothed  hy   this  bill  wiih  unlimited  powers.     All  this  may  be  very 
safe  i«  the  present  case.     That  is  not  the  question  I  make  a}  all  ; 
but  is  it  safe  as  a  precedent  ?     I  put  it  solemnly  to  gentlemen  op- 
posite. 

Mr.  RUSK.— I  simply  wish  to  ask  this  question.  If  this  expe- 
dition had  been  under  the  authority  of  the  United  States,  and 
Colonel  Fremont  had  been  commanding  on  detached  service, 
would  it  not  have  been  competent  for  him  to  have  made  the  re- 
quisitions, and  for  the  quartermaster  to  have  supplied  them  on  the 
spot,  and  for  the  paymaster  to  have  paid  the  amount  there  without 
going  through  these  forms  which  the  honorable  Senator  from 
South  Carolina  has  been  describing  ? 

Mr.  CALHOUN.— No  question  at  all  about  that  ;  but  each 
officer  would  have  acted,  in  that  case,  upon  his  individual  respon- 
sibility. 

Now,  I  put  this  important  question:  If  you  appoint  this  board  of 
officers,    where   is   the  responsibility?     What    duty  is   to    be  per- 
formed by  the  officer  who    is    to  pay    the    claims  allowed  hy  this 
board  ?     No  other  than  that  which  the  Secretary  of  the  Treasury 
would  have  to  do  in  regard  to  accounts  which  had  regularly  passed 
through  all   the  forms'  of   examination.     The   certificate    of  the 
board  is  his  warrant  for  paying  the  money,  and  he  is  relieved  from 
all  responsibility.     We  have  had  precedent  after  precedent  quoted 
which  are  not  at  all  analogous.     A  very   brief  view  will  enable  us 
to  determine  as  to  whether  the  duties   asbigned  to  these  men  are 
official  duties  or  not  ;  whether  their  functions  are  those  of  officers 
or  not  ;  certainly  they  are  ofiicial  duties  of   the  highest  character. 
Is  the  commissary  general  not  an  otTiccr  ?     They  perform  his  duty, 
or  oucht  to  do  it.     Is    the    Auditor   not    an    officer?     They  must 
perform  all  his  duties,  or  ought  to  do  it.     Is   the    Comptroller  of 
the  Treasury  not  an  officer  ?     They  are  to  perform  all  his  duties, 
or  ought    to  do    it.     And    yet   performing    all   these    duties,  it  is 
solemnly  argued  here,  day  after  day.  that  they  are  not  to  discharge 
official  duties,  that  they  are    not  officers.     If  they  are  not,  in  the 
name  of  Heaven  what  are  they?     Extend  this  case.     It  is  not  only 
in  California  that  military   operations    have   been  carried  on  ;  we 
have  had  some  in  New  iVIexico,    and    some    further   south    under 
General   Taylor  ;  others  on   a  larger  scale   under    General  Scott. 
Are  you  willing  to  adopt  the  same  process  in  these  cases?     Who 
would  dream  ol    such  a    thing?     Who   would    be    bold    enough  to 
come  here  and  propose  that  General  Scott  and  his  paymaster,  and 
his  commissary  should  constitute  aboard  to  adjust  all  iho  accounts, 
and  draw,  and   pay  away  the    money.     Who    would  say  that  this 
would  be  a  safe  depository  of  power  ?     Who    would    say,  if  they 
were  authorized  thus  to  act,  that  they  would  not  be  officers  to  all 
intents  and  purposes,    such    as   I    have   described.     Can  any  man 
doubt  it  ?     There  may  be    greater  reason   lor  deviating  from    the 
ordinary  process  in   settling    these    claims,    but   the   cases    are  in 
every  respect  analogous,  and    there    are  a   thousand"  cases  where 
the  difficulty  would  be  as  great  as  in  Calilbrnia.     Why,  the  whole 
country  would  be  startled,    amazed,    at    the    adoption   of  such   a 
course  of  proceeding  as  this. 


Mr.  CLAYTON. — I  will  briefly  reply  to  the  objections  that 
have  been  raised  by  the  Senator  from  South  Carolina  to  the  amend- 
ment which  I  have  offered.  His  first  objection  is,  that  I  have 
used  the  word  "appointed"  in  reference  to  these  gentlemen  who 
are  to  settle  these  claims  in  California.  I  am  entirely  willing  to 
modify  the  phrase,  and  substitute  the  word  "designate,"  or 
"name,"  but  the  word  nppoint  is  in  itself   a  word  of  the  same  im- 

?ort.  I  have  a  dictionary  here  of  the  liighest  authority,  and 
find  that  the  first  definitions  of  the  \^•ord  "appoirit"  are  to 
"allot,"  "assign,"  or  "designate,"  and  as  an  illustration  the  fol- 
lowing is  given  ;  "Aaron  and  his  sons  shall  appoint  every  one  his 
service."  So  much  for  that.  Now  for  the  second  objection  of 
the    honorable  Senator. 

The  Senator  commenting  on  the  report  of  the  committee  says, 
that  under  such  a  provision  Colonel  Fremont,  and  those  associated 
with  him.  will  bo  authorized  to  settle  their  own  claims.  I  offered 
ray  amendment,  not  because  1  supposed  that  it  was  contemplated 
by  the  committee,  that  they  should  setllo  their  own  claims,  but 
because  the  objection  was  raised  yesterday,  and  it  was  to  exclude 
any  such  inference.  The  committee  said  nothing  about  whether 
they  were  to  settle  their  own  claims  or  not,  nor  have  I  ever 
he-»rd  it  suggested  as  being  necessary,  when  a  man  is  ap- 
i>ointed  as  a  judge,  or  to  decide  upon  claims,  that  there  should 
be  an  express   provision   accompanying   the    appointment,   that 


he   should   decide  r.o   case   of  his  own.     Such  a  thing   is  un- 
necessary.   Yet,   I   introduced  this  into   the  amendment  for  the 
purpose    of  excluding   any    possible    inference   that   tiiey   might 
do  so.     As  to  the  other   point,   it   merely    provides,  that  if  any 
any  persons  speculate  in   these  claims,  they  shall  not  speculate  to 
the  disadvantage  of  the  government.     But  the    gentleman   leaves 
the  amendment,  and  goes  into  a  discussion  of  the  general  subject. 
His  objection  is  to  the  payment  of  the   claims   in    this  way.     He 
says  they  should  be  subjected  to   the  ordinary  forms   of  examina- 
tion, and  the  number  oi  offices   through    which  they  would  neces- 
sarily pass  will  furnish  a  salutary    check.     It  was   for    the   very 
purpose  of  preventing  the  monstrous  injustice   that  would  be  dons 
to  the  individuals  who  have    these   claims,  that   the  measure  w-.s 
introduced.     Who  are  these  claimants  ?     They   are   men  residing 
several  thousand  miles  away — men  destitute  of  means — and  to  say 
that  thev  shall  come  here  and  pursue   their  claims  is    to  say,  that 
they  shall  never  receive  a  dollar.     The  object  of  the  measure  is  to 
aflTord  a  competent  tribunal   where    ihey   may  be  heard,  and  their 
claims  adjusted.     The  gentleman  objects,    because  the   usual  lor. 
malities  will  not  be  observed.     How  is  it    in  all  cases  where  com-        , 
missioners  have  been   appointed  ?     Take   the   treaty  of   Pans,  or 
the  treaty   respecting  the  Spanish  claims.     The  certificates  ol  the 
commissioners  in  those  and  all   similar  cases,  were  by  law  mads       [ 
conclusive  evidence  of   the    claims,   and    vhen  presented  at    'he       i 
department  they  were  immediately  paid.     The  certificates  of  the       ■ 
board  of  commissioners  in    this   case   will    be   precisely  similar  to       j 
those  of  the  commissioners  in  the  cases  to    which  I  have  relerred.       , 
We  desire  to  prevent  these  poor  men  from  being    subjected  to  ths       | 
necessity  of  travelling    to  Washington,  or   of   losing  their   claims 
altogether,  by  paying  them  upon  the  spot  where  they  arose. 

Mr.  CASS.— I  desire  to  say  one  or  two  words  in  answer  to  the       j 
honorable  Se^ator  from  South  Carolina.     He  has  foreseen  a  great 
many  difficulties  which    are  to  be  encountered  if   this  measure  be       . 
adopted.     It  will  be   recollected  there  are  two  principal  and  sub- 
stantial   re.isons  for  adopting  it :  one  is,  that  the  claims  exist  in  a       1 
region   exceedingly  remote,  and   it  is  utterly  impossible  for  these 
persons   to  come  here  and  settle  their  accounts.     If  you  require 
them  to  do  so,  it  amounts  to  a  refusal  of  justice.     To  compel  thera 
to  go  through  the  ordiiiarv  course  of  application  and  the  usual  lorm 
of  authentication  of   their  claims,  you  defeat  the  very  object  you 
have    in  view.     The  second  reason   is,  as  the  honorable  Senator 
from  North    Carolina   has  said,  you  take  upon  yourselves  the  ad- 
vantages of  the. conquest,   and  vou  are  morally  bound  under  such 
circumstances  to  pay  the  claims^     If  we  had  pursued  the  ordinary 
course,  we  should  have  done  what  ?     AVe  should  have  sent  disburs. 
ing  officers  to  California,  wiih  funds  to  meet  the  requisitions  of  ihc 
quartermaster  in  obedience  to  the  orders   of  the  commanding  off.- 
cer.     Let  me  say  to  the  Senator  from  South  -Carolina  that   these 
accounts  will  go  through  the  departments,  and  there  will  be  pre- 
cisely the  checks  which  he  desires.     What  testimony  is  required  in 
the  case  of  the  disburseraenls   made  for  the  army  under  General 
Scott  ?     Nothing  but  the  requisitions  of  the  commanding  general 
and  the  receipts  of   the  parties.     The  honorable    Senator   wishes 
to    have    an   investigation    as   to  the   justice   or   proper    rate   of 
charges.     I   believe'  that    is   a   thing   unheard   ot.     The   money 
is  puid   on   the  requisition   oi   the   commanding  officer.     If  fraud 
appears   to   havo  "been    practised— if   any    thing    ffppear    which 
excites  suspicion,  the  necessary  information   is  required  to  be  pro- 
duced before  the  accounts  are   permitted  to  be  paid.     But  if  you 
require  the  administrative  officers  to  judge  of  the  proprieiy  ot  the 
expenses   authorized  bv  Gen.  Scott,  how  arc  you  to  get  your  mo- 
ney back  again?     All  the  guaranty   you  have  is  the  character  and 
position  of  your  officer.s.  and   that  you  have  got  here  ;  and,   as   I 
said,  if  you  pursued  the  ordinary  course  you  would  have  the  certi- 
ficate of  the  commanding  general,  and  you  will  have  more  than  that 
in  ihiscase,  you  have  the  cuarantee  of  the  three   gentlemen  who 
compose  the  board.  Now.  t  do  not  know  what  the  gentleman  means 
when  he  talks  about  being  interested.     Havo  you  any  law  making 
it  felony  or  a  crime  at  all    to   he   interested.     I  do  not  know  why 
fraud  is  to  be  presumed  in   such   a  case  as    this  more  than  in  any 
other.     Fraud  may    be   practised  in    California,   and    it    may  be 
practised  in  Mexico,  and,  if  it  appear,  the  matter  will  be  iuvesti- 
gated,  and  the  payment  checked. 

The  honorable  Senator  alluded  to  the  fact,  that  the  certificates 
might  get  into  other  hands.  So  they  may.  Every  man  knows 
that  on  the  frontier  when  a  quarleimasler  givifs  a  certificate,  and 
it  goes  out  into  the  neighborhood,  it  is  generally  circulated  at  a 
depreciation;  indeed,  I  have  known  them  sacrificed  at  one  quarter 
their  value.  It  is  not  peculiar  to  these  claims,  but  incident  to  all, 
when  the  covernment  is  not  ready  to  make  payment.  I  repeat, 
sir,  if  vou  "subject  these  claimants  to  the  necessity  of  coming  bora 
to  recover  tlieir  cluiius,  you  put  it  altogether  out  of  their  power 
to  receive  payment. 

Mr.  CALHOUN.— No  one  supposes  that  these  claimants  are 
to  come  hero  to  recover  their  claims.  The  question  is  first,  by 
whom  will  you  allow  them  to  be  investigated  and  paid,  by  per- 
sons appointed  hy  yourselves,  and  wholly  irresponsible,  or  by  per- 
sons appointed  in  conformity  with  the  requisitions  of  the  constitu- 
tion ?  The  next  question  is,  will  you  have  them  seliled  by  the 
very  men  who  incurred  the  expenses?  There  being  a  neeessiiy  for 
•kno'wlcJgc  in  regard  to  the  claims,  I  should  think  it  very  desira- 
ble to  appoint  some  officer  who  served  in  Carifornia  to  bo  a  mem- 
ber of  the  hoard.  Mv  opinion  is,  that  Iho  true  way  is  to  send  a 
quartermaster  and  commissary  there,  and  if  necessary,  to  ad"  » 
third  person.    Take  any  officer.     1  havo  no  objection  that  it  should 


April  28.] 


CALIFORNIA  CLAIMS. 


655 


be  Colonel  Fremont.  He  gave  the  orders,  and  very  properly,  I 
have  no  doubt  ;  those  orders  must  be  presented  to  the  commissary, 
and  be  fortified  by  bis  endorsement. 

Mr.  DAVIS,  of  Mississippi  — In  the  progress  of  this  discussion 
allusions  which  I  consider  equally  unjust  as  unkind,  have  been 
made  in  relation  to  tlie  conduct  oC  the  commiTtee  by  whom  this 
bill  and  amendment  were  reported.  It  was  within  the  knowledge 
of  the  committee  that  indeierminiite  claims  against  our  govern- 
ment I'or  supplies  furnished  to  the  battalion  of  Colonel  Fremont, 
existed  in  California,  and  that  the  failure  to  make  payment  in 
these  cases  had  produced  a  dissatisfaction  which  could  not  be  other- 
wise than  dangerous  to  whalevet  interests  we  mnv  have  in  that 
remote  country.  To  silence  complaint,  to  appease  discontent,  and 
to  secure  our  government  against  fraud,  and  the  future  annoyance 
of  manufactured  claims.  The  plan  which  the  committee  have 
adopted  was  presented  to  the  Senate.  It  approximates  as  nearly 
as  the  present  state  of  the  case  will  allow  the  established  usage, 
and  the  bill  as  amended  seemed  tn  us  beyond  tho  reach  of  constitu- 
tional oljjection.  It  bns  been  said  that  tho  word  ''appoint"  was 
carefully  avoided.  Sir,  the  purpose  of  appointing  officers  was  not 
entertained  ;  and  it,  therefore,  required  little  care  to  avoid  the  use 
of  any  word  which  would  convey  such  an  idea.  Claims  which 
could  not  be  settled  by  the  accounting  officers  of  our  government 
were  presented  to  our  consideration.  We  believed  them  to  consti- 
tute a  just  demand  against  us,  and  a  bill  was  introduced  to  legalize 
them.  The  tirst  and  conirolling  question  is,  will  Congress  declare 
them  to  be  valid,  if  tliis  be  decided  in  the  affimative.  Payment 
must  be  ordered  as  a  consequence,  and  there  remains  but  the 
minor  consideration,  the  manner  of  discharging  the  admitted  obli- 
gation. A  portion  of  the  debt  is  established  by  regular  vouchers, 
which  it  is  ordered  shall  be  paid  as  ascertained  claims.  If  Con- 
gress receive  the  testimony  to  these  cases  as  sufficient,  and  order 
payment  thereon,  have  we  not  the  same  right  to  specify  how  the 
validity  shall  be  determined  of  those  which  are  denominated  unas- 
certained claims?  Surely  the  decision  can  be  made  by  us  as  to 
what  testimony  shall  be  deemed  sufficient  to  establish  whether  a 
claim  be  a  debt  of  this  government  or  not.  Otherwise  it  would 
be  idle  for  us  to  entertain  any  proposition  to  examine  a  claim  pre- 
sented to  our  consideration. 

The  Senator  from  South  Carolina  treats  this  as  an  ordinary  case 
of  army  disbursement,  and  seems  to  me  to  confound  the  rights  of 
those  who  furnish  sitpplies  to  our  troops  with  the  accounts  of  the 
disbursing  officers  of  the  army.  It  is  the  latter  which  are  adjusted, 
as  he  states,  in  the  auditing  offices  here.  The  payment  lor  the 
supplies  furnished  to  our  army  is  ordinarily  made  in  the  field  by 
the  appropriate  officers,  and  first  heard  of  here  through  the  ac- 
counts of  those  by  whom  the  disbursements  were  made.  If  the 
commissary  and  quartermaster,  and  paymaster,  to  this  battalion 
in  California  had  been  supplied  with  funds  these  claims  would  have 
been  paid  as  they  arose.  The  whole  case  was  an  irregular  one, 
and  if  deemed  worthy,  requires  an  unusual  course  in  relation  to  it. 
Hence  the  proposition  for  special  legislation.  The  officers  named 
in  the  bill  were  those  under  whose  orders,  or  by  whom  the  debts 
were  contracted  ;  they  have  ceased  to  be  officers,  and  it  is  pro- 
posed to  revive  their  functions  so  far  as  may  be  necessary 
to  complete  their  vouchers,  and  to  determine  how  far  by 
their  former  official  acts,  they  have  rendered  their  govern- 
ment responsible.  It  is  not  only  true  that  they  are  best 
ciualified  to  do  justice  between  the  parties,  but  is  further  true  that 
they  alone  can  give  to  these  claims  the  form  which  will  admit  of 
their  being  finally  audited  by  the  United  States  Treasury. 

The  commanding  and  purchasing  officers  of  the  California  bat- 
talion, and  they  only  can  reduce  these  claims  to  the  established 
forms,  and  give  to  them  their  appropriate  character.  But  those 
w'ho  held  such  positions  in  this  case,  are  no  longer  in  the  service,  to 
give  force  to  their  acts,  it  is  necessary  by  law  to  revive  the  func- 
tions of  their  expired  olfices.  This  it  is  proposed  to  do  to  the  ex- 
tent required,  for  the  purpose  declared,  and  no  further.  Those 
who  deny  the  justice  of  these  claims,  those  who  refuse  to  acknow- 
ledge the  responsibility  of  our  government  for  the  debts  contracted 
by  the  persons  named  in  the  bill,  when  they  were  officers  of  the 
California  battalion,  may  properly  refuse  to  extend  the  functions 
of  these  ex-officers,  to  the  end  that  they  may  perfect  their  accounts; 
but  such  as  admit  our  obligation  to  pay  for  the  purchases  they 
made  for  the  use  of  that  battalion,  are,  I  think,  cons  rained  to 
grant  to  them  such  powers  as  will  enable  the  government  justly 
to  discharge  its  obligation  to  its  creditors.  The  connexion  of  the 
persons  named  in  tiie  bill  with  the  transactions  ont  of  which  the 
claims  arose,  instead  of  being  an  objection,  as  has  been  assumed, 
constitutes  the  only  sufficient  reason  lor  having  named  them.  Such 
is  the  connexion  which  all  commanding  and  disbursing  officers  ne- 
cessarily have  to  army  expenditures  and  purchases.  Had  the 
campaign  been  regularly  ordered  and  supplied,  these  persons 
■would,  in  their  official  character,  have  made  purchases  and  pay- 
ments upon  just  such  accounts  as  it  is  now  proposed  to  authorize 
them  to  prepare.  That  payment  may  be  made  bv  an  officer  of  the 
government,  who  is  to  be  provided  with  funds  "for  that  purpose. 
The  supposition  that  the  check  imposed  by  the  auditors  in  other 
cases  is  to  be  here  dispensed  with,  is  entirely  erroneous.  A  pow- 
er is  given  to  the  persons  named  in  the  bill,  which  will  enable  them 
to  perfect  their  accounts,  but  as  they  have  ceased  to  be  officers,  it 
is  not  proposed  to  entrust  them  with  funds  for  payment.  If  the 
President  shall  choose  to  avail  himself  of  the  means  provided  in 
this  bill,  he  will  give  his  instructions,  and  it  is  fair  to  suppose  that 
they  •will  require  all  ncooums  to  be  as  fully  vouched  as  they  would 


have  been  had  payment  been  made  by  these  persons  when  they 
were  officers.  The  disbursing  officer  who  may  be  sent  out  will,  of 
course,  only  make  payment  upon  fully  authenticated  vouchers, 
and  his  accounts  will  be  subject  to  the  same  revision  here,  as 
would  have  been  made  had  the  claims  been  paid  originally.  The 
amount,  tlioug:i  certainly  important,  is  small,  compared  to  the 
disbursements  which  have,  in  the  progress  of  this  war,  been  made 
by  individual  Quartermasters.  Tho  paying  officer  in  this  case, 
will  give  to  tlic  government  the  same  assurance  of  integrity  and 
accuracy  which  is  possessed  in  other  cases,  where  officers  are  en- 
trusted with  sums  vastly  disproportionate  to  their  bond.  The 
good  faith  which  has  heretofore  been  kept  in  our  army  disburse- 
ments does  not  warrant  apprehension  upon  the  present  occasion. 

To  maintain  the  credit  of  the  government  so  as  to  exclude 
distrust  from  entering  into  the  calculations  of  those  who  sell 
to  our  officers,  is  an  obligation  which  it  requires  no  argument 
to  enforce,  but  more  than  usual  care  is  demanded,  when,  as 
in  this  instance,  onr  dealing  has  been  with  those  who  bave 
the  best  means  to  know  our  intentions,  and  who  may  be  sup- 
posed most  ready  to  suspect  our  integrity.  Nor  should  time  bo 
allowed  to  accumulate,  and  the  value  of  the  claims  to  depreciate, 
in  the  hands  nf  original  holders,  oi' be  transferred  to  others  who 
seek  to  speculate  on  the  fears  or  necessities  of  those  who  have  be- 
come creditors  of  the  government.  At  the  present  session  of  Con- 
gress tlie  committees  of  both  houses  have  reported  upon  a  case  of 
deferred  payment  of  a  claim  growing  out  of  supplies  furnished  to 
our  troops  in  Florida,  that  a  decision  which  placed  the  rights  of  the 
claimant  under  the  rules  applicable  to  a  disbursing  officer  was  not 
reputable  to  our  government.  Disreputable,  and  truly  unfortunate 
will  it  be,  sir,  when  those  who  supply  our  army  with  fond,  or  cloth- 
ing, or  transportation,  shall  be  required  to  wait  until  the  purchas- 
ing officer  shall  have  submitted  his  accounts  to  the  scrutiny  of  the 
auditing  officers  of  his  government,  wiih  hopes  and  fears  depen- 
dent upon  the  decision,  but  with  the  certainty,  if  it  be  adverse,  that 
his  property  is  gone,  and  that  no  redress  is  left  to  him. 

The  question  which  contains  all  others  is,  will  you  legalize  tha 
"  California  claims  ?"  If  so,  then  the  direct  and  just  mode  is  to 
send  those  in  whose  official  action  these  cUims  originated,  to 
collect  the  vouchers,  and  perfect  their  accounts,  to  the  end  that 
prompt  payment  may  be  made. 

Mr.  WESTCOTT.— The  amendment  of  the  Senator  from  Del- 
aware  asserts  a  rule  which  I  should  be  sorry  to  see  carried  into 
effect  in  relation  to  any  claim  whatever.  I  have  heard  a  great 
deal  about  speculations,  and  no  doubt  there  is  a  great  deal  of  spec- 
ulation carried  on,  but  it  appears  to  me  that  the  mode  proposed  to 
suppress  speculating  is  a  most  shocking  one  to  be  adopted  by  the 
govcrnmHut.  'What  is  it  ?  A  B  has  a  claim — C  D  buvs  it — and 
the  government  puts  the  profits  of  the  transaction  when  they  pay 
C  D  into  their  own  pockets.  I  can  well  understand  that  there 
must  he  great  depreciation  in  the  value  of  claims.  Already  a  year 
or  two  have  elapsed  since  the  claims  accrued,  and  there  is  no  cer- 
tainty now  that  this  bill  will  pass.  Who,  then,  supposes  that  a 
purchaser  would  give  the  full  amount  ?  And  if  he  do  not,  are  we 
to  punish  him  as  if  he  had  committed  a  crime  ?  There  would  be 
some  more  justice  in  this  if  the  motion  I  am  about  to  make  should 
prevail.  It  is  to  strike  out  that  part  of  the  amendment  of  the  Se- 
nator from  Delaware  which  relates  to  the  purchasers  of  the  claims, 
or  else  to  add  to  it  these  words  :  "  but  the  residue  shall  be  paid 
to  the  original  claimant."  I  do  not  see  any  right  on  the  part  of 
this  government  to  set  itself  up  as  a  legal  tribunal  to  try  the  rights 
of  tho  original  claimant  and  his  assignee.  I  do  not  see  any  pro- 
priety in  the  government  meddling  in  these  accounts.  If  the  gov- 
ernment owes  a  hundred  dollars,  let  them  pay  it  honestly,  and  if 
there  is  any  difficulty  between  the  claimants,  let  them  settle  it  be- 
tween themselves.  I  have  no  idea  of  the  government  mixing  it- 
self up  in  such  matters.  I  will  ask  for  a  division  of  the  subject  ; 
for  I  cannot  vote  for  this  bill  if  it  contain  such  a  provision  as  this. 
I  have  seen  the  principle  attempted  to  be  carried  out  arbitrarily 
by  the  accounting  officers  of  the  government  in  former  times,  who 
set  themselves  to  decide  questions  between  the  assignees  and  the 
original  holders  of  claims. 

Mr.  CLAYTON.— The  object  of  that  part  of  the  amendment 
was  to  prevent  imposition  upon  the  government  by  speculators, 
an<l  1  consider  it  desirable  that  some  such  provision  should  exist. 
With  regard  to  the  suggestion  made  by  the  Senator  from  Florida, 
that  the  amount  of  discount  from  the  claim  which  the  speculator 
has  possessed,  shall  be  paid  to  the  original  holders,  I  have  not  tho 
slightest  objection  to  it.  I  am  quite  willing  that  the  government 
shall  be  held  responsible  for  the  whole  amount,  but  I  do  not  wish 
that  the  speculator  should  receive  that  for  which  he  has  not  paid 
value. 

Mr.  FOOTE. — There  is  a  matter  which  requires  our  attention 
in  Executive  session,  and  as  I  see  no  probability  of  taking  the  voto 
upon  this  bill  to  night,  I  move  that  the  Senate  proceed  to  the  con- 
sideration of  Executive  business. 

Mr.  CAMERON. — I  hope  the  honorable  Senator  will  withdraw 
that  motion,  and  allow  the  question  to  be  taken  upon  the  bill.  I 
shall  be  compelled  to  leave  the  city  in  the  morning,  and  1  am  anx- 
ious to  give  my  vote  upon  the  bill. 

Mr.  FOOTE.— With  the  understanding  that  the  vote  b«  takea, 
will  withdraw  the  motion  lor  the  present. 

Mr.  MANGUM.— I  move  that  the  Seaa?*  adjcsurn. 


556 


CALIFORNIA  CLAIMS. 


[Fridai 


Equitable  claims   are  the  subjects  of      ..The  question  was  then  token  upon  the  remaining  clause  of  Mr. 
'  ■'  Clayton's  amendment,  as  modihed,  which  is  as  follows:! 


Several  Senators. — Oh,  no,  proceed  with  the  bill. 

Mr.  JMANGUM.— I  withdraw  the  motion. 

Mr.  FOOTE. — I  hope  my  niotion  for  an  Executive  session  will 
now  be  entertained,  and  for  that  purpose  I  move  that  the  further 
consideration  of  the  bill  be  postponed  until  to-morrow. 

Mr.  MASON. — Let  the  vote  be  taken  on  that  motion  as  a  test, 
whether  we  will  vote  upon  the  bill. 

The  question  being  taken  on  the  postponement,  it  was  not 
agreed  to. 

Mr.  CLAYTON  modified  his  amendment  by  adding  the  words 
suf-'gested  by  the  Senator  from  Florida. 

The  question  being  about  to  put  on  agreeing  to  the  amendment 
offered  by  BIr.  Clayto.v,  the  amendment  was  road. 

Mr.  UNDERWOOD.— I  voted  to  lay  this  bill  over  until  to- 
morrow, hoping  that  the  Senate  would  rotler-t  upon  the  subject. 
What  right  have  we  to  interfere  with  contracts  between  individu- 
als ?  It  is  a  subject  of  legitimate  contract. 

Mr.  RUSK. — They  are  not  legal  obligations,  consequently  they 
are  not  the  subject  nialter  of  bargain  and  sale.  We  make  them 
legal  by  this  bill,  and  in  legalizing  thein  w-e  have  a  right  to  con- 
trol them. 

Mr.  UNDERWOOD 
sale. 

Mr.  CLAYTON. — The  claim  is  good  for  nothing  in  the  hands 
of  the  speculator,  until  we  make  it  good  for  something.  We  by 
this  bill,  make  it  good  to  the  full  amount  paid  by  the  speculator, 
and  I  am  willing  to  go  no  further  in  his  favor,  but  I  am  willing  lo 
give  to  the  original  holder  the  whole.  Thus  the  government  will 
make  nothing  out  of  it,  but  the  original  claimant  will  be  protected. 

Mr.  UNDERWOOD. — I  desire  to  make  another  remark  or 
TWO,  because  I  look  upon  this  matter  as  one  of  some  consequence. 
The  suggestion  I  made,  is  attempted  to  be  obviated  by  the 
Senator  from  Delaware,  by  saying  that  there  is  claim  legal  or 
equitable.  ' 

Mr.  CLAYTON. — I  do  not  say  they  are  not  equitaljle. 

Mr.  UNDERWOOD.— If  equitable,  then  they  are  the  subject 
of  contract  between  man  and  man;  and  if  they  be  the  subject  of 
c;ontract,  there  may  be  contracts  already  made,  and  this  govern- 
ment is  attempting  to  annul  them,  and  set  aside  those  contracts. 
That  is  the  elTect  of  it.  If  that  be  no  claim  at  all  either  of  a  legal 
<!r  equitable  cimracter,  then  there  is  no  utility  in  your  enactment. 
I  deny  that  you  have  a  right  to  do  any  thing  of  the  kind.  In  anv 
point  of  view,  what  position  do  you  occupy  i  You  say  that  valua- 
ble services  have  been  rendered  to  the  country;  that  the  people  of 
California  have  rendered  services  of  whifh  you  are  deriving  the 
benefit,  and  while  you  acknowledge  this,  you  say  there  is  no  ri^bt 
legal  or  equitable,  which  can  be  the  subject  of  contract. 

But  how  will  this  operate  in  another  point  of  view  ?  Suppose  I 
haveoneof  tliese  claims  and  sell  it  for  one  half  of  its  amount,  accord- 
ing to  this  amendment,  one-half  will  come  to  me,  when  the  final 
settlement  is   made   by  the  government.     If   the   purchaser    then 


comes  to  me  and  says,  I  purchased  this  claim  of  you,  and  paid  your 
price  for  it,  what  would  I,  as  an  honest  man  be  bound  to  do  under 
these  circumstances  ?  Why,  most  undoubtedly,  to  hand  him  the 
whole  of  the  money.  It  was  a  fair  legal  transaction,  the  money 
was  advanced  by  the  purchaser,  and  received  by  me.  I  should 
be  only  fulfilling  an  obligation,  which  honor  and  conscience  would 
render  imperative,  by  paying  over  to  him  the  money.  This  is  what 
would  be  done  by  those  who  are  honest,  whilst  the  dishonest,  con- 
sidering themselves  absolved  by  the  act  of  Congress  Ifrom  the  obli- 
gation to  refund  the  money,  would  refuse  to  do  so.  Now  I  am  not 
willing  by  the  adoption  ol  this  amendment  to  sanction  anv  of  those 
principles,  and  I  hope  the  bill  will  be  postponed,  and  that  the  Se- 
nate will  reilect  more  maturely  upon  the  matter. 

Mr.  DAVIS,  of  Mississippi,  called  for  a  division  of  the  amend- 
ment. 

The  question  was  then  taken  upon  the  first  clause  of  Mr.  Clay- 
ton's amendment,  (as  modified,)  to  the  amendment  reported  from 
the  Committee  on  Military  Aflairs;  and  it  was  agreed  lo.  It  is  as 
follows  : 

ST.rZ.  And  he  il  furllier  marled.  That  tlie  persons  herebv  dfsignated  lo  examine 
the  said  claims  shall,  before  they  enter  on  the  duties  assigned  to  tliem,  be  firat  duly 
sworn  or  atfirmed  to  faithfully  iierform  the  duties  devolved  on  them  liy  this  act;  and 
that  in  no  case  shall  they,  or  either  of  them,  eiamine  or  allow  anv  claim  of  which  be 
or  any  of  them  is  personally  to  receive  any  part. 


I 

And  in  all  eases  where  any  claim  has  been  assigned  or  transferred  by  the  ohein&l 
claimant.the  assignee  shall  be  allowed  no  inoro  than  he  paid  for  the  claim,  and  the 
residue  ot  the  claim  shall  be  paid  to  the  original  claimant. 

And  it  was  determined  in  the  negative. 

The  question  was  then  taken  on  the  amendment  of  Mr.  Mason, 
and  it  was  determined  in  the  negative,  as  follows: 

■\'EAa— Messrs.  Ba.by,  Butler,  Calhoon,  Foole.  Johnson,  of  Maryland  Jolio- 
SM     ol   Georgia,   Maiigum,  IMason,  .Moor,   .\iles,  Turney,   l^ndernood' and  Volee. 

r.  ^^y^-~Ji}'^^'^-  Allen,  Atchison,  Badger,  Benton,  Breese,  Briglil.  Cameron, 
Cass,  Clarke  Clayton,  Davis,  of  Mississippi,  Doijgla.s,  Felch,  Hanneian,  Houston 
Johnson,  ol  J.ouisiana,  Rusk,  .Sprnance,  Sturgeon,  and  VVestcott.— 20. 

The  amendment  reported  from  the  Committee  on  Military  Af- 
fairs, as  amended,  was  then  agreed  to. 

No  further  amendment  being  made,  the  bill  was  reported  to  the 
Senate,  and  the  amendment  concurred  in. 

Ordered,  That  it  be  engrcssed  and  read  a  third  time. 
The  said  bill  was  then  read  a  third  time,  by  unanimous  consent.  * 
Itesnived,  That  Has  bill  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

EXECUTIVE    SESSION. 

On  motion  of  Mr.  FOOTE,  the  Senate  procedeed  to  the  con- 
sideration ot  Executive  business,  and  after  a  short  time  spent 
therein, 

The  Senate  adjourned. 


Apeil  29.1 


AID  TO  YUCATAN. 


667 


SATURDAY,  APRIL  29,  1848. 


MESSAGE    FROM    THE    PRESIDENT. 

The  following  message  was  received  IVom  the  President  ol'  the 
United  States  by  Mr.  Walker,  his  Secretary  ; 

To  the  Senate  and  Hrmsr  of  Representatives  af  the   L'nited  States  : 

I  submit  for  the  consideration  of  Congress,  several  cotninuniciitions  received  at  llie 
Deparinient  ofyialc,  from  3ilr.  Jnsto  Sierra,  commissioner  of  Yucatan,  and  also  a 
cummunication  from  tlie  Governor  of  that  State,  representing  the  con.lilion  of  ex- 
treme suftejiiig  to  whicli  their  country  has  been  n-iluccl  by  an  insurrection  ol  the  In- 
dians wilhin  lis  limiu.  ami  asking  the  aid  of  the  ITnitcl  Stales. 

These  communications  |iresent  a  case  of  human  sufl'ering  anil  misery  which  cannot 


wonld  lead;  and  where  it  would  end  ?  How  strange  to  recom- 
mend it  at  such  a  time,  on  the  ground,  if  we  did  not  occupy  it 
some  other  power  might!  In  the  present  condition  of  Europe, 
there  is  no  more  probability  that  England,  or  any  other  power 
there,  would  seize  on  Yucaton,  than  that  I,  as  an  individual,  would. 
Who  can  suppose,  engroped  as  she  is,  and  all  othiT  powers  iii  that 
quarter  of  the  globe  are,  with  questions  connectdd  with  their  ex- 
istence, that  they  could,  for  a  moment,  entertain  an  idea  of  the 
kind  ?  Eniiland  has  enough  to  attend  to  at  home.  AVho  can  tell 
what  may  be  her  condition  <     The  supjiosition  of  the  possibility  ol 


stricken  and  destitute  of  arms,  are  Hyinp  before  their  sava.^e  pursuers  towards  the 
coast;  ami  their  expulsion  trom  their  country,  or  their  extetininaliou,  would  seem  to 
be  inevitable,  unless  they  can  obtain  assisiauce  from  abroad. 

In  this  condition  they  have,  throujrh  their  constituted  antlinrities,  implored  the  aij 
ofthis  poveinment  to  save  them  from  destruction,  ofterinc,  in  case  this  should  be 
granteif,  to  transfer  "  the  doraiuton  and  soierelgniy  of  the  Peninsula"  to  the  United 
Slates.  Similar  appeals  for  aid  and  protection  nave  been  made  to  the  "  Spanish 
andthe  English{;overnments." 

Whilst  it  IS  not  my  purpiKC  to  recommend  the  adoption  of  any  measure,  with  a 
view  to  the  acquisilion  of  llie  "dominion  and  sovereignty"  over  Yucatan,  yet,  ac- 
cording to  our  established  policy,  we  could  not  consent  to  a  transfer  of  ibis  ■'  dominion 
and  so^erei^ntv,"  eitherlo  Spnin,  Great  Britain,  or  any  other  European  power,  in 
the  langu.age  of  President  Monroe,  in  his  message  of  December,  1823,  "  we  should 
conside'r  any  attempt  on  their  part  to  extend  theirsystem  to  any  portion  of  this  hemis- 
phere as  (laiigerons  to  our  peace  and  safety."  In  my  annual  message  of  December, 
1845, 1  declared  that  "  near  a  quarter  of  a  century  ago,  the  principle  was  distinctly  an- 
nounced to  the  world,  in  the  annual  message  of  one  of  my  predecessors,  that  the 
*  American  continents,  by  the  free  and  independent  condition  which  tliey  have  as- 
lumed  and  maintained,  are  hencefortb  not  to  be  considered  as  subjecu  for  future  colo- 
nization by  any  European  power.'  This  principle  will  apply  with  greatly  increased 
force,  should  any  European  power  attempt  to  establish  any  new  colony  in  North 
America.  In  the  existing  circumstances  of  the  world,  tbc  present  is  deemed  a  proper 
occasion  to  reiterate  and  reatfirm  the  principle  avowed  by  Mr.  Monroe,  and  to  state 
my  cordial  concurrence  in  its  wisdom  and  sound  policy.  The  reassertinn  of  this  prin- 
ciple, especially  in  reference  to  North  America,  is  at  this  day  bnt  the  promulgation  of 
a  policy  which  no  Enropean  power  should  cherish  the  disposition  to  resist.  Existing 
rights  of  every  European  nation  should  be  respected;  but  it  is  due  alike  lo  our  safety 
and  our  interests,  that  the  eflicient  protection  of  our  laws  fliould  be  extended  over  our 
whole  territorial  limits,  and  that  it  should  be  distinctly  announced  to  the  world,  as  our 
settled  policy,  that  no  t'utnre  European  colony  or  dominion  shall,  with  our  consent, 
bo  planted  or  established  on  any  part  of  the  North  .American  continent." 

Our  own  security  requires  tb.at  the  established  policy  thus  announced  should  guide 
our  conduct,  and  this  applies  with  great  Ibrce  to  the  peninsula  of  Yucatan.  It  is  situ- 
ate in  the  Gulf  of  Mexico,  on  the  North  American  continent ;  and  from  its  vicinity 
10  Cuba,  to  the  Capes  of  Florida,  to  New  Orleans,  and  indeed  to  our  whole  soulh- 
western  coast,  it  wonlil  be  dangerous  to  our  peace  and  .security  if  it  should  become  a 
colony  of  any  European  nation. 

We  have  now  anilientic  information  that,  if  the  aid  from  the  United  States  be  not 
granted,  such  aid  will  probably  be  obtained  from  some  European  power,  whicii  may 
nereafter  assert  a  claim  to  "dominion  and  sovereignty"  over  Yucatan. 

Our  existing  relations  with  Y'ucatan  are  of  a  peculiar  character,  as  will  be  perceived 
from  the  noteot  the  Secretary  of  State  to  their  commissioner,  dated  on  the  24tli  of  De- 
cember last ;  a  copy  of  which  is  herewith  transmitted.  Yucatan  h.as  never  declared 
her  independence,  and  we  treated  her  as  a  State  of  the  Mexican  republic.  For  this  rea 
son,  we  have  never  officially  recei\'cd  her  commissioner;  but  whilst  this  is  the  ease, 
we  have,  to  a  considerable  extent,  recognized  her  as  a  neutral  in  our  war  with  Mexico. 
Whilst  still  considering  Yucatan  as  a  portion  of  Mexico,  if  we  had  troops  to  spare  for 
this  purpose,  I  would  deem  it  proper,  during  the  continuance  of  the  war  with  Mexi- 
co, to  0i;cupy  and  hold  military  possession  of  her  territory,  and  to  defend  the  white 
inhabitants  iigainst  the  incursions  ol  the  Indians,  in  the  same  way  that  we  have  em- 
ployed our  troops  in  other  States  of  the  Mexican  republic  in  our  possession,  in  repelling 
the  attacks  of  savages  upon  the  inhabitants  who  have  maintained  their  neutrality  lu 
the  war. 

But,  unfortunately,  we  cannot  at  the  present,  without  serious  danger,  withdraw 
our  forces  from  other  portions  of  the  Slexican  territory  now  in  our  occupation,  ami 
Bend  them  to  Yucatan.  -Ml  that  can  be  done,  under  existing  circumstances,  is  to  em- 
ploy our  naval  forces  in  the  Gulf,  not  required  at  other  points,  to  aflbrd  them  relief. 
But  it  is  not  to  be  expected  that  any  adequate  protection  can  thus  be  aflbided,  as  the 
operations  of  such  naval  forces  must,  ot  necessity,  be  confined  to  the  coast. 

I  have  considered  it  pioper  to  com.Tinnicate  the  information  contained  in  the  accom- 
panying correspondence,  and  I  submit  to  the  wisdom  of  Congress  to  adopt  such  meas- 
ures as.  in  their  judgment,  may  be  expedient  to  prevent  Yucatan  from  becoming  a 
colony  of  any  European  power,  which  in  no  event  could  be  permitted  by  the  Uniterl 
States  ;  and  at  Ihe  same  time  to  rescue  the  white  vaee  from  extermination  or  expulsion 
from  their  country. 

JAMES  K.  POLK. 
Washington,  April  21),  1848. 

The  message  having  been  read, 

Mr.  HANNEGAN  nnved  that  it  be  referred  to  the  Committee 
on  Foreign  Relations,  and  be  printed. 

Mr.  CALHOUN. — Before  that  question  is  put,  I  rise  to  express 
my  regret  that  the  President  should  place  this  recommendation  on 
any  other  ground  than  that  of  humanity.  If  I  heard  the  mes- 
sage aright,  he  asserts  the  principle  as  deduced  from  Mr.  Monroe's 
declaration,  that  when  the  people  of  any  portion  of  this  continent 
is  placed  in  the  condition  in  which  Yucatan  is,  and  either  party 
should  be  coinpelled  to  apply  to  us  for  protection,  we  should  inter- 
pose and  protect  theiri,  to  prevent  the  interference  of  England,  or 
some  other  foreign  power.  A  broad  and  dangerous  principle, 
truly  !  It  goes  far  beyond  Mr.  Monroe's  declaration.  It  is  diffi- 
cult to  say  what  limits  can  be  fixed  to  it,  or  to  what  it  would  carry 


blood  and  treasure,  would  have  taught  the  administration  moder- 
ation and  caution,  and  induced  them  to  shun  any  course  of  policy 
calculated  to  plunge  the  country  in  a  similar  cost  anil  sacrifices. 
Who  can  form  an  "estimate  of  the  expenditure,  the  sacrifice  of  life, 
and  the  difficulties,  to  which  the  adoption  of  the  President's  re- 
commendation in  this  case  would  lead  ?  The  condition  of  Europe 
ought  to  admonish  us  against  taking  it. 

What  are  the  causes  which  have  lead  to  its  present  upheaving, 
and  the  reeling  to    and    fro   of   all   her    governments?     What  are 
those  which  are  assigned  for  the   overthrow  of  the  French  monar- 
chy, and  the  danger  that  threatens  the  British  with  the  same  fate  ? 
Among  the  prominent  is  the  heavy  burden  imposed  on  the  people, 
which  has  crushed  them  to  the  earth,  and  which  has  been  continu- 
ally increasing.     It  is  charged,  that   the  onerous  burden    imposed 
on  the  people'of  France  by  the  mighty  wars  of  Napoleon,  instead 
of  being  diminished,  were   actually    increased,  under  the   govern- 
ment of  its  late  monarch,  and  that   those  imposed  on  the  people  of 
England  to  resist  his  gigantic  power,  are  as  great  as  they  were 
at  the  end  of  the  mighty  contest  between  the  two  powers,  allow- 
ance being  made  for  the  depreciation    of   the   currency.     Are  we 
not  fairly  liable  to  the  .same  charge  ?     Has  their  been  any  allevia- 
tion of  the   burden  imposed  on  our  people  by  the  payment  of   the 
debts  of  the  revolution,  or   the  war  of  1812?     Are  our  expenses 
less  than  thev  were  in  the  war  of  1812,  allowing  for  the  deprecia- 
tion of  the  currency  during    that    conflict?     Those   who  have  not 
attended  to  the  subject  would  be  surprised,  on   comparing  the  ex- 
penses of  the  governtuent  now,  with  what  it  was  during  Mr.  Mon- 
roe's administration.     It  terminated  in    1825,   twenty-three   years 
ao-o.     The  average  expenditure  of  this  administration  did  not  ex- 
ceed S10,000,000"annually,  deducting  the  payment  of  the  princi- 
pal and  interest  of  the  public  debt.     It  is  difficult  to  say  what  it  is 
nowi  it  will  probably  be  not   less    than    §30,000,000.     It  is  true, 
our  population  has  increased,  but  it   has  probably   not  more  than 
doubled,  while  our  expenses  has   increased    three-fold.     And  yet, 
heedless  of  consequences,  it  is  proposed  to  adopt  a  course  of  poli- 
cy before  we  have  extricated  ourselves  from  the  burden  and  losses 
of  the  Mexican  war,  which  may  lead  to  expenses  and  sacrifices  of 
which  no  one  can   form  even  a  conjecture.     I  am   willing,  on  the 
score  of  humanity,  to  go  as  far  as  we  can  with  safety  and  propriety, 
m  this  case.     How  far  that  is,  I  am  not    prepared   to  say;  but  I 
cannot  possibly  support  the  course  of  policy  recommended  by  the 
President,  as  I  understand  the  message.     lam  not  certain  as   to 
what  he  intends,  but  be  it  such  as  I  suppose,  or  not,  I  cannot  but 
regret  that  he  should  mix  up  what  ought  to  be  an  appeal  purely^ 
to  our  humanity,  with    the    considerations   he    has.     The   case  of 
Yucatan  is  indeed  an   awful   one.     In  the  midst  of  our  sympathy 
we  may  derive  instructions  from  it.     The  people  of  Yucatan,  after 
they  threw  oft'  the  Spanish  yoke,  acting  on  the   idea  that  all  men 
are  qualified  to  enjoy  the  blessing  of  liberty,  and   ought  of  right 
possess  it,  liberated  the  large  mass  of  their  popidation,  consistina 
of  aborigines  in  a  state  of  ignorance  and   subjection,    and   raised 
them  to  a  level   with   themselves,  by  making  them  citizens.     The 
result  is  such  as  we  this  day  witness.     They  were  too  ignorant  to 
appreciate  liberty,  or  exercise  the  rights  it  conferred;  and  instead 
of  gratitude,  they  have  turned  round  and  murdered  those  who  con- 
ferred  it    on  them,   and   laid    waste  and  devastated   the  country. 
Such  are  the    frnits   of  a   misguardcd,    misjudging   philanthropy, 
combined  with  erroneous  political  notions,  which  is  so  prevalent  at 
the  present  time,  in  more  enlightened  and  civilized  countries,  but 
which  whenever  reduced  to  practice  must   load   to  disastrous  eon- 
sequences. 

Mr.  HANNEG.\N. — I  cannot  but  think  that  the  honorable 
Senator  from  South  Carolina  has  misconceived  to  a  very  great  ex- 
tent the  reasons  assigned  by  the  President  for  making  the  recom- 
mendation which  he  has  made.  I  am  inclined  to  think  the  Sen- 
ator must  have  mistaken  the   nature  of  the  message,   and  I  would 


us,  if  reduced  to  practice.     I  take  this  early  opportunity — for  ex-      now  proceed   to  set  him  right   upon  the   subject,   but  for  a  reason 


perience  has  brought  me  to  strike  at  once  on  the  introduction  of 
an  objectionable  measure — to  express  my  surprise  and  regret,  that 
the  President  should  seize  such  an  occasion  as  this  to  recommend 
the  occupation  of  Yucatan  by  our  array,  or  a  portion  of  it,  if  it  could 
be  spared,  from  Mexico,    It  is  starlliiig.   Who  can  tell  to  what  it 


which  I  suppose  is  known  to  every  Senator,  on  account  of  which 
I  intend  to  move  an  adjournment.  It  is  out  of  respect  to  a  mem. 
ber  of  this  body,  who  is  at  this  moment  in  the  agonies  of  death. 
I  dislike  that  the  discussion  should  be  proceeded  with  at  such  A 
time  i  and  I,  therefore,  move  that  the  Senate  do  now  Rdjourn. 


558 


AID  TO  YUCATAN. 


[Saturday, 


Mr.  FOOTE. — I  hope  the  honorablo  Senator  will  withdraw 
his  motion  for  a  moment,  in  order  that  I  may  make  a  suggestion 
in  reference  to  what  has  been  said  by  the  Senator  from  Soulh  Car- 
olina. 

Mr.  HANNEGAN.— If  the  debate  be  allowed  to  proceed,  it 
will  occupy  the  whole  day. 

Mr.  DAVIS,  of  Massachusetts.— Will  the  gentleman  allow  the 
question  to  be  taken  on  a  motion  to  print,  before  he  moves  an 
adjournment  ! 

Mr.  HANNEGAN.— Certainly. 

Mr.  FOOTE.— I  rise  for  the  pur|>ose  of  urging  on  the  honora- 
ble Senator  from  Indiana,  whose  official  station  as  chairman  of 
ihe  Committee  on  Foreitrn  Affairs,  seems  to  indicale  tlie  peculiar 
propriety  of  a  suitable  response  to  what  has  fallen  from  the  hon- 
orable Senator  from  South  Carolina,  being  oITered  by  him.  The 
unhappy  condition  of  one  our  most  wortiiy  associates  in  this  body, 
so  patlietically  alluded  to  by  the  Senator  from  Indiana,  might  well 
prevent  along  debate  at  the  present  moment.  But  yielding  to 
none  in  sympathy  for  ray  suffering  friend,  and  his  distressed  family, 
I  feel  boiind  to  insist  that  at  lea'st  a  few  remarks  should  be  made 
by  some  Senator  in  defence  of  the  Executive  message  so  pointedly 
andaslthink.unjusilv  assailed,  by  the  Senator  from  South  Carolina. 
The  speecli  of  the  Senator  from  South  Carolina  going  out  without 
any  reply  is  well  calculated  to  engender  prejudice  and  diffuse  error, 
as  1  am  sure,  in  relation  to  a  great  question,  involving  mo3tdee[Jy 


the  honor  and  welfare  of  the  republic,  and  which,  in  several  of  its 
bearings,  is  one  of  peculiar  delicacy  in  the  present  condition  of  our 
country  and  the  civilized  world,  I  hope  the  honorable  Senator 
from  Indiana  will  consent  to  say  something  at  once  in  defence  of 
the  message:  if  he  wid  not.  as  he  seems  unwilling  to  do,  I  feel 
bound  to  say,  before  I  3'ield  the  floor,  what  I  am  convinced  will  be 
justified  by  the  reading  of  the  document  in  question,  when  it  shall 
have  been  examined,  that  it  has  been  most  surprisingly  misunder- 
tood  by  the  Senator  from  South  Carolina,  who,  "taking  the  question 
at  the  first  pop,"  as  he  styles  it, has  entirely  failed  to  interpret  the 
language  of  the  message  with  even  an  approximation  to  his  usual  ac- 
curacy in  such  mattei's,  I  have  read  the  message,  at  the  clerk's 
table,  and  feel  authorized  to  insist  that  had  the  distinguished  Sena- 
tor from  South  Carolina  done  himself  and  the  country  the  justice 
to  examine  it  before  he  indulged  the  har.sli  strictures  to  which  we 
have  listened,  he  never  would  have  uttered  two-thirds  of  what  we 
have  heard  from  him  on  tho  present  occasion,  I  solemnly  invoke 
a  complete  suspension  of  the  public  judgment  in  regard  to  the 
message  until  it  shall  have  been  printed  and  dispassionately  ex- 
amined. 

Mr.  HANNEGAN, — I  feel  as  much  anxiety  to  reply  to  what 
has  fallen  to  the  Senator  from  South  Carolina,  as  the  Senator 
from  Mississippi  can  do,  but  from  the  fact  I  have  stated,  I  feel  a 
disinclination  to  do  so  at  present. 

On  motion, 

The  Senate  adiourued. 


Mat  1.1 


DEATH  OF  MR.  ASHLEY, 


559 


MONDAY,  MAY  1,  1848. 


DEATH   or   MR.    A3HLET. 

The  journal  having  been  read,  Mr.  BORLAND  rose  and  said  : 

Mr.  President  :  My  ofTicial  introdaction  into  this  chamber  has 
been  marked  with  calamity,  and  overcast  with  gloom.  The  first 
of  its  public  duties  that  has  devolved  upon  me  is  of  deep  solem- 
nity, and  its  perl'ormance  is  undertaken  with  feelings  of  oppressive 
sadness. 

Just  one  week  ago,  a  venerable  form — in  the  fullness  of  life,  and 
the  seemin;:;  vijjor  of  perfect  health — rose  in  his  place,  and,  in  a 
voice  well  known  and  respected  here,  announced  my  position  in 
this  assembly.  That  form  will  not  rise  again  in  this  presence;  for 
it «ow  lies  lifeless  and  cold  as  a  clod  of  the  valley.  That  voice 
will  bo  heard  no  more  within  these  walls;  for  it  is  hushed  in  death. 
In  return  for  the  kind  courtesy  of  presenting  me,  as  his  colleague, 
to  this  company  of  honorable  Senators,  I  pay  but  tlie  poor  and 
painful  tribute  of  making  known  his  tlnal  separation.  The  last 
act  of  his  public  life  was  my  introduction:  the  first  of  mine  must 
be  his  obituary. 

Chester  Ashley,  a  Senator  frjm  the  State  of  Arkansas,  is  no 
more.  He  breathed  his  last,  at  his  lodgings  in  this  city,  on  Satur- 
day last,  the  29lh  of  April,  at  tifteen  minutes  before  2  o'clock,  in 
the  afternoon.  On  Sunday  of  last  week,  ho  felicitated  himself 
upon  the  perfection  of  his  health.  Soon  after  breakfast,  the  next 
morning,  ho  complained  of  slight  indisposition;  but  so  slight  as 
hardly  to  command  a  second  thought.  At  the  usual  hour  he  pro- 
ceeded to  his  place  in  this  chamber.  When  the  journal  had  been 
read,  he  did  me  the  I'avor  to  present  my  credeniials,  as  his  col- 
league. A  few  minutes  after  his  indisposition  increased;  he  had 
the  sensation  of  chilliness,  and  leaving  the  capitol,  returned  to  his 
lodgings.  That  evening  I  found  him  deeply  jaundiced,  and  in  the 
delirium  of  fever.  This  latter  symptom  had  usually  marked  even  his 
slightest  indisposition — as  is  verv  common  with  individuals  of  largo 
brain  and  sanguine  temperament.  His  family,  however,  thought 
him  not  seriously  ill — certainly  not  in  danger.  But  on  ThursJav 
morning  he  had  grown  evidently  worse,  and  a  dlslingui>hed  jiliy.si- 
cian  of  the  city  was  called  to  see  him.  His  condition  was  found 
to  be  such,  even  then,  as  to  atford  litllo  hope  of  his  recovery. 
Another  eminent  practitioner  was  consulted,  and  the  same  opinion 
given. 

On  Friday  morning  I  was  invited  to  make  a  third  party  in  the 
professional  consultation.  But  there  was  no  ground  for  hope.  An 
intense  and  extensive  iiiHammation  had  seized  upon  the  bowels, 
and,  in  my  opinion,  upon  the  liver  also;  and  was  of  that  type,  oc- 
casionally encountered,  which,  setting  at  naught  the  highest  sci- 
ence and  the  best  directed  efforts  of  human  skill,  run,  almost  from 
the  very  outset,  steadily  and  rapidly  into  a  fatal  termination.  I 
had  seen  similar  cases  before;  and  I  am  particularly  reminded  bv 
It  of  that  of  the  late  Senator  Fulton,  who  was,  alike  in  station,  in 
disease,  and  in  death,  the  predecessor  of  him  whose  loss  wc  now 
deplore. 

Colonel  Ashley  was  a  native  of  New  England.  He  was  born 
at  Westtield,  in  Massachusetts,  on  the  1st  day  of  June,  17!>0;  and, 
consequently,  at  the  time  of  his  death,  was  in  the  fifty-eighth  year 
of  his  age.  When  an  infant  of  only  three  months,  he  was  carried 
by  his  parents,  who  removed  thither  to  the  town  of  Hudson,  in  New 
York.  He  grew  up,  engaged  in  the  practice  of  the  law,  and  resided 
there  about  twenty-seven  years;  then  migrated  to  Illinui-:,  where 
he  remained  about  two  5'ears;  and  siibscipicnily  visiting  the  terri- 
tory, of  what  is  now  the  Stale  of  Arkansas,  in  1819,  determined 
to  make  his  residence  at  Little  Rock,  then  a  mere  laiuling  on  the 
southern  bank,  some  three  hundred  miles  .above  the  nioutli  of  the 
Arkansas  river.  Soon  afterwards  he  married  in  Missouri,  and  re- 
moved, with  his  young  family,  to  his  home  in  the  wilderness. 

At  that  period,  a  settlement  in  what  was  truly  ''the  far  west," 
was  no  trivial  undertaking.  It  required  a  high  degree  of  enter- 
prise to  encounter  the  privations,  hardships,  and  perils  of  frontier 
life — now  so  much  talked  about,  but  then  actually  endured.  An 
uncommon  share  of  mental  forecast  would  alone  sufiicu  to  ascer- 
tain a  point  in  so  wide  a  range,  which  must  become  the  centre  of 
important  operaiions,  from  which  settlement  and  civilization  must 
radiate,  and  then  throw  back  an  accumulated  interest.  A  fiim- 
ness,  fixedness,  singleness  of  purpose,  true  to  its  object  as  the 
needle  to  the  pole,  was  alone  capable  of  abiding  the  full  develop- 
ment of  tho  little  cloud  of  improvement,  then  no  bigger  than  a 
man's  hand,  which  was,  within  a  quarter  of  a  century,  to  cover 
with  its  golden  drapery  tho  whole  horizon  Yet  many  a  New 
England  boy — many  a  strippling,  from  anywhere  this  side  'he 
mountains,  impelled  by  the  irrepressible  spirit  of  progress,  guided 
by  a  judgment  so  clear  in  its  perceptions,  and  so  rapid  in  its  com- 
binations, as  to  seem  intuitive,  and  sustained  by  a  will  as  p  itent  as 
as  the  lever  of  Archimedes,  has  exhibited  all  the  high  qualities  I 
have  mentioned;  and  that,  too,  in  the  construction  of  imperishable 
monuments — not  monuments  like  the  towering  pyramids  of  Euypt, 
barren  of  utility  as  the  wastes  of  sand  they  overlook — nor  like  the 
huge  walls  of  the    Roman  coUiseum,  within   which  human  beings 


were  wont  to  be  degraded  to  the  cruel  level  of  wild  beasts;  but  of 
monuments  of  a  purer  order,  of  a  loftier  structurs.  of  more  com- 
jirehensive  proportions — dedicated  to  the  higher  sentiments  of  the 
human  heart,  and  adapted  to  the  true  wants  of  human  society — 
monuments  made  up  of  tho  wilderness  reclaimed  and  converted 
into  cultivated  fields  ;  of  the  towns,  with  their  bristling  spires, 
which  crowd  our  thoroughfares;  of  the  teeming  commerce  of  our 
"  inland  seas;"  and,  above  all,  of  the  millions  of  freemen  who  sleep 
securely  under  their  own  roof  trees,  and  stand  in  conscious  sove- 
reignty upon  the  fertile  soil  of  their  own  broad  acres.  In  a  word 
— the  noble  aggregate  of  these  monuments  is  before  the  world,  m 
the  peerless  prosperity  of ''the  great  west."  I  have  selected  the 
New  England  boy,  the  cis. montane  striplin^^,  as  the  typo  of  a  class. 
And  of  that  class,  it  would  bo  difiicult  In  find  a  more  characteris- 
tic representative  than  the  individual  of  whom  I  am  here  to  speak, 
whether  we  regard  the  vigor,  the  perseverance,  or  the  success  of 
his  exertions. 

At  the  age  of  29  years,  without  patrimony,  without  resources 
of  any  kind,  except  those  ho  possessed  in  his  acute  and  compre- 
hensive intellect,  his  high  purpose,  and  indomitable  will,  but  re- 
cently married  to  a  woman  of  congenial  spirit,  he  landed  at  Little 
Rock,  and  entered  upon  the  practice  of  the  law,  which  was  neces- 
sarily restricted  then,  and  for  several  years  afterwards,  almost  ex- 
clusfvely  to  cases  before  the  territorial  courts  involving  the  titles 
to  land,  and  personal  violence  among  a  border  population.  In  at- 
tending to  these  eases,  of  which,  on  account  of  his  high  intelligence 
and  untiring  industry,  he  soon  obtained  a  large  proportion,  ho  was 
frequently  re(|uircd  to  traverse,  as  his  circuit,  the  whole  country 
which  now  forms  the  Stato  of  Arkansas,  and  portions  of  that  inclu- 
ded in  Missouri.  Even  for  one  who  participated  in  them,  it  would 
bo  diflicult  to  depict  the  scenes  incident  to  professional  life,  in 
times  and  under  circmristances  when  the  law  was  adniinisfered  al- 
most without  books — the  courts  often  held  in  the  open  air — the 
leathern  thong  serving  the  place  of  prison  walls,  and  the  readv 
rille  that  of  the  jailor's  key.  Then  the  land  had  no  roads — the 
strciiuis  no  briiltres — the  country,  fn*  many  miles  between  cer- 
tain points  of  settlement,  was  unmarked  by  human  habitations. 
Through  all  lhi^,  the  course  of  the  young  lawyer  was  onward  and 
upward — undismayed,  unchecked  by  difficulties,  which  seemed, 
indeed,  but  to  e.x'citc  to  still  greater  activity  tho  strong  energies 
of  his  nature.  Storing  his  mind  from  books  whenever  the  means 
were  within  his  reach,  ho  was  ever  imprcing  his  powers  by  those 
exercises  among  men,  and  in  tho  practical  afl'airs  of  life,  which 
qualify  the  man  of  business  to  be  useful  to  his  fellows,  while  giving 
d.io  attention  to  his  own  interests.  But  it  is  not  necessary  that  I 
should  follow  up  in  detail  the  steps  of  him  I  would  represent.  It 
is  of  results,  and  not  tho  particular  means  of  their  accomplish- 
ment, I  have  to  speak.  And  if  the  results  attained  by  my  deceas- 
ed colleague  may  he  the  measure  of  his  worth,  then  in  the  suc- 
<-ess  of  liis  exertions,  he  has  established  a  re|iutation  fur  wisdom 
and  sauacity  which  might  sal, sly  the  ambition  of  any  man.  De- 
voting himself  assiduously  to  tlic  business  of  his  profession,  he 
sullii'cd  not  the  contagious  example  of  political  aspiring  to  lure 
him  from  tho  high  and  holy'  purpose  of  making  provision  for  thn 
wants  and  comforts  of  the  interesting  family  he  was  gathering 
around  him.  Until  the  frosts  of  more  than  fifty  winters  had 
bleached  his  locks,  we  find  him  in  the  walks  of  private  life,  with 
unllagging  industry  and  unabating  vigor  raising  upon  the  founda- 
tions iie  b,ad  already  laid  the  superstruoture  of  allluence  for  his 
children.  He  wasj  at  length  successful;  and  as  if  Providence — 
ever  projiitious  to  those  wiio  are  laborious  in  useful  pursuiliv — had 
been  watching  his  career,  so  soon  as  he  had  completed  tho  pro- 
vision for  his  own  household,  a  station  of  high  public  trust — the 
station  he  lield  in  this  chamber — was  presented  to  his  acceptance. 
Although  he  had  long  enjoyed  a  high  character  lor  ability,  and 
ever  fcit  a  deep  interest  in  the  public  welfare,  it  was  not  until  the 
month  of  April.  1844,  that  he  entered  actively  into  the  political 
movements  of  the  country.  At  that  lime  a  warm  party  contest 
was  commencing,  and  his  talents  were  called  into  the  serviceupon 
the  democratic  electoral  ticket  of  Arkansas.  Well  and  noblv  did 
be  justify  the  confidence  and  fulfil  the  expectations  which  had  in- 
duced his  selection.  With  an  activity  rarely  witnessed  in  one  of 
his  years,  he  traversed  the  whole  State,  through  the  heals  and 
rains  of  summer  ;  with  zeal  and  power  he  advocated  the  princi- 
ples, and  urged  upon  the  people  the  measures  of  his  political 
faith  ;  and  while  all  confessed  his  fidelity  and  etficieney  in  tho 
cause  he  espoused,  even  those  who  most  sufl'ered  from  the  blows 
he  dealt  so  fast  and  forcibly,  were  the  last  to  be  oH'ended  at  the 
manner  of  their  infliction.  He  accomplished  one  achievement  in 
that  canvass,  which  stands  unparalleled,  I  apprehend,  in  the  an- 
nals of  political  controversy.  He  actually  converted  from  tho 
"error  of  his  ways"  one  of' the  electors  on  the  opposing  party 
ticket — caused  him  to  withdraw  from  the  contest — and  enjoyed  the 
satisfaction  of  knowing  that,  in  the  autumn  election,  he  voted  for 
the  democratic  electors.  From  this,  some  idea  may  be  formed  of 
the  character  of  his  services.     Ex  pede  HcrcuUm  .'     In  the  month 


560 


DEATH  OF  MR.  ASHLEY. 


[Monday, 


of  August  of  that  year,  the  excellent,  the  estimable  Fulton  died. 
Almost  all  eyes  were  at  once  turned  to  the  accomplished  elector 
as  his  successor.  So,  when  the  General  Assembly  of  the  Slate 
convened  in  November,  the  popular  expectation  was  realized,  and 
Col.  AsHLEV  was  elected  to  a  seat  in  this  body  to  till  the  unex- 
pired term,  without  any  regular  opposition,  and  by  an  almost 
unanimous  vote.  In  1846  he  was  re-elected  to  the  saiiie  high  sta- 
tion for  six  years  from  the  Jth  day  of  last  March.  From  these 
demonstrations,  an  estimate  may  be  formed  of  the  place  he  occu- 
pied Ml  the  hearts  of  his  penple — of  the  standing  he  hail  at  home — 
in  the  territory  of  which  he  had  been  among  tlie  earliest  pioneers 
— ^in  the  State  he  had  helped  to  found,  and  with  whose  growth  he 
had  grown,  and  with  whoso  strength  he  had  strengthened.  Of 
his  standing  and  his  reputation  here,  I  am  not  competent  to  speak 
from  personal  obs.Mvation.  To  those  whom  I  address,  he  was 
better  known.  But  if  I  may  judge  Ironi  the  distinguished  position 
you  assigned  him,  even  as  a  new  memhcr  in  the  business  of  this 
body,  it  IS  certain  that  he  fully  sustained  the  reputation  for  ability 
with  which  he  came  here.  xVnd  from  tliose  indications  which 
never  deceive,  for  they  are  of  the  heart,  so  abundantly  furnished 
by  the  anxious  throng  of  his  brother  Senators  about  his  deatb-bcd 
— by  the  quivering  lips  and  tearful  eyes  of  hosts  of  friends — by  the- 
touching  solemnity  of  this  chamber — I  gather  testimonials  to  his 
heart's  goodness  ;  laurels  lor  the  crown  of  his  private  worth,  of 
far  more  real  value  than  those  which  may  be  commanded  bv  the 
brightest  corruscations  of  mere  intellect — far  more  enduring  than 
"the  bubble  reputation"  snatched  from  the  cannon's  mouth. 

If  to  be  great,  a  man  must  perform  with  ability  his  pubiic  trusts; 
so,  to  be  good,  he  must  sustain  wortliily  bis  private  relations.  In 
roy  opinion,  no  man  can  be  wholly  unhappy  who  is  surrounded 
with  an  amiable  family  ;  nor  can  he  be  otherwise  than  20od,  if  he 
devote  himself  with  tidelity  to  the  happiness  of  that  family.  I  am 
aware,  sir,  that  I  am  approaching  a  sacred  subject — filter  for  dis- 
cussion in  narrower  and  less  public  walls  than  these.  But  I 
merely  allude  to  it  in  illustration  (d'  the  finest  feature  in  the  human 
character — I  mean  domestic  afTeetioii — a  feature  strikingly  pre- 
dominant in  the  otherwise  strongly  marked  character  of  my  de- 
ceased colleague.  Many  who  now  bear  me  have  noticed  and  ad 
mired,  as  all  must  respect,  this  endearing  characteristic.  It  dis- 
tinguished him  at  home,  wherever  he  was  known.  But  if  he  loved 
his  family,  he  was  loved  by  them  in  return.  If  his  investment  of 
the  heart's  best  treasures  in  this  noblest  of  institutions,  sanctioned 
of  Heaven  and  known  among  men,  was  munificent,  he  was  not 
without  reward — well  and  punctually  was  he  rcjiaid  with  usury. 
Even  had  business  disapnoiiued,  or  ambition  failed  him.  he  had  this 
rich  and  sfficient  uresourco,  which  no  power  on  earth  could  de- 
stroy. The  tide  of  domestic  ali'ection  and  happiness  at  home,  like 
the  fabled  Pactolus,  rolled  its  golden  sands,  in  attractive  beauty 
and   unfailing  abundance,  along  his  pathway  of  life. 

But,  sir,  if  the  strong  cords  of  pious  sympathy,  which  bind  the 
members  of  a  family  together,  confer  the  truest  hajipiness  upon 
those  within  the  charmed  circle — the  severance,  and,  above  all, 
the  sudden  and  unexpected  severance  of  those  cords,  is  productive 
of  the  hardest  agony  the  heart  can  know.  That  this  is  so,  I  have 
but  to  refer  to  that  scene  which  I  have  but  recently  left.  But  who 
shall  describe  that  ?  Surely  I  shall  not  attempt  it.  Sir,  though  I 
am,  comparatively,  but  a  young  man,  my  pursuits  in  life,  and  my 
own  sad  experience,  have  made  me  familiar  with  scenes  of  sutl'er- 
ing — too  often  of  death.  As  a  duty,  I  have  trained  myself  to  look 
upon  the  sufferings,  even  the  tlissolution  of  my  own  se.x,  not  with 
coldness  of  heart,  I  trust,  but  with  some  degree  of  comiiosure.  But 
the  sight  of  a  woman'ssorrows — and  of  sorrows  such  as  I  have  bad  to 
witness  within  the  last  few  days — has,  I  confess,  unmanned  me — 
has  made  mo  a  very  cliild  in  feeling  ;  and  in  its  maniiestations  I 
have  seen  the  strong  man,  full  of  life,  and  hope,  sudiienly  cut 
down — not  afraid  to  tlic,  but  unwillin::  to  leave  those  he  loved  so 
tenderly.  His  agony  was  touching.  1  bowed  my  heart  in  humility 
before  that  Power  who  has  created,  and  who  may  destroy  all 
things,  while  I  confess  the  emptiness  of  earth  and  the  fleeting  van- 
ity of  all  human  pursuits.  But,  sir,  it  was  the  heart-breaking  of 
thaf  noble  and  devoted  wife,  who,  for  more  than,  a  quartet  of  a 
century,  had  spread  the  balm  of  her  ali'ection  about  his  heart,  and 
smiled  away  his  cares,  while  she  leaned  upon  him  for  that  support 
and  protection  which  was  never  withheld — it  was  the  utter  pros- 
tration of  that  lovely  daughter,  who,  like  an  angel  of  grace,  bung 
about  his  pillow,  endeavoring  to  repay  his  early  and  never  failing 
care,  with  those  ofliies  of  afl'ectioii  which  the  heart  of  woman  alone 
knows  when  to  otler,  as  her  liaiiil  alone  can  apply; — it  was  these 
things,  sir,  which  overcame  me — under  these  my  hi-art  has  sunk. 
From  the  scene  of  these  oeeurrenees,  I  have  come  here  to  speak 
of  their  subject.  No  wonder,  then,  I  am  unable  to  do  him  justice; 
no  wonder  that  language  fails  to  do  the  bidding  of  my  own  full 
heart,  and  falls  far  short  of  your  desires. 

But,  sir,  gloomy  as  the  picture  vvo  contemplate  undoubtedly  is, 
it  is  not  entirely  without  relief.  Deep  us  its  shades  confessediv 
are.  the  light  is  not  wholly  excluded.  Our  friend  has  died,  and 
his  loss  has  brought  agony  to  llio  hearts  of  survivors  ;  but,  as  he 
lived  not  without  uselnlness,  so  he  has  died  not  without  hope.  lie 
"ave  abundant  and  hoart-cheering  cvidenci',  in  that  hour  when 
deception  is  never  practised,  and  :elf delusion  rarely  indulged — 
on  his  death-bed,  and  when  he  knew  he  must  die — In  that  solemn 
and  .soul-trying  hour  he  gave  abundant  anil  heart-cheering  evidence 
that  he  was  a  patriot  and  a  Christian.  It  has  been  my  fortune  to 
stand  by  many  beds  of  death,  in  the  retirement  of  domestic  privacy, 


surrounded  by  all  the  endearing  associations  of  home  and  friends. 
I  have  seen  bravo  men  die  upon  the  field  of  battle,  when  nerved  by 
all  the  appliances  of  enthusiasm — the  clash  of  arras  and  the  shouts 
of  victory.  Bull  can  say  with  perfect  truth,  that  never  have  I 
seen  any  man  meet  death  (although  unwillingly)  with  more  calm 
courage  or  pious  resignation.  Among  his  last  words,  addressed 
to  his  family,  with  great  self-possession,  and  in  tones  of  emphatic 
sincerity,  were  these — and  they  are  worthy  of  remembrance  ; 
'•Pray  for  the  welfare  of  our  country,  and  prepare  to  meet  me  in 
Heaven." 

Mr.  President,  my  relations  toward  all  of  the  three  Senators 
from  Arkansas  have  been  peculiar.  Though  not  yet  five  years  a 
r<'siilenl  of  that  State,  ii  has  been  my  fortune  to  succeed  one  of 
them  upon  this  floor — to  have  attended,  as  a  friend  and  medical 
adviser,  m  the  dying  hours  of  the  other  two  ;  and,  in  reference  to 
the  last,  to  pronounce  his  eulogy.  Sad  have  been  these  latter  re- 
lations ;  and  strange  are  the  mutations  which  they  mark  upon  the 
calendar  of  human  alTairs !  May  Heaven  grant  me  strength  to 
sustain  the  responsible  duties  to  which  I  have  succeeded. 

The  honorable  Senator  then  offered  the  following  resftlulions  ; 

Itcinliced.  unammousbj,  TJial  a  oomniiltee  be  appointed  by  the  Vice  Presiokst 
10  take  order  for  siiperintendiiii^  t!ie  fnneral  ol"  the  Hon.  Chester  Ashley,  which 
will  take  place  to  morrow  at  twelve  o'clock,  meridian,  and  that  llie  Senate  will  at- 
tend the  same. 

Rcsatved,  ununimtiasli!.  That  the  members  of  the  Senate,  from  a  sincere  desire  of 
allowing  every  mark  of  respect  dne  to  the  memory  of  llie  Hon.  Chester  Ashley, 
deceased,  hile  a  memherlliereof,  will  go  into  iiiourmng  for  liim  one  month,  by  the 
n^ual  mode  of  wearing  crape  on  the  left  arm. 

Resolved,  unanimoushj.  That  a$  an  additiomU  mark  of  respect  for  the  memory  of 
the  lion.  Chestek  Ashley,  the  Senate  do  now  adjourn. 

Mr.  BREF.SE. — Mr.  President  :  In  rising  to  second  the  motion 
of  the  honorable  Senator,  who  has  just  made  the  solemn  announce- 
ment of  the  death  of  one  of  our  honored  associates — an  event  alike 
startling  and  suddcii' — I  may  be  permitted,  I  hope,  without  intru- 
sion, to  add  a  few  words  to  the  beautiful  eulogium  he  has  so  feel- 
ingly pronounced.  I  fear,  in  so  doing.  I  shall  disturb  the  harmony 
of  its  language,  whilst  it  is  yet  vibrating  on  the  ear,  and  interrupt 
that  generous  flow  of  feeling  it  has  so  universally  inspired.  Yet, 
sir,  there  are  circumstances  m  the  life  of  the  deceased,  and  of  him 
who  now  addresses  you,  to  which  it  may  not  be  improper,  on  this 
mournful  occasion,  to  advert,  and  which  prompt  me  to  offer  a  slight 
tribute  to  his  memory.  It,  is,  sir,  thirty  years  since  we  met  for  the 
first  time  in  the  then  far-oil' wilderness  of  the  west,  he  my  senior 
by  many  years,  then  a  practising  lawyer,  I  a  student,  preparing 
for  that  honorable  profession,  both  buoyant  with  hope,  with  a  bright 
and  promising  world  before  us,  and  both  entering  it  with  an  ardor 
and  a  determination  to  win  a  name.  Professional  business  in  the 
winter  of  ]SlU-'20,  called  the  deceased  temporarily,  as  he  then 
thought,  to  Arkansas,  from  which  he  did  not  return.  Common  re- 
port, which  reached  the  friends  he  had  left  in  Illinois,  told  them  of 
the  high  standing  he  htid  acquired  at  the  bar  of  that  State  ;  and 
that  ho  had,  by  a  proper  exercise  of  his  talents,  amassed  a  large 
fortune.  I  never  saw  him  again  until  I  met  him  here  as  an  asso- 
ciate in  this  chamber,  at  the  second  session  of  the  twenty  eighth 
Congress,  Our  acquaintance  was  at  once  renewed,  and  we  had 
much  to  speak  of  the  varied  yet  similar  fortunes  a  quarter  of  a 
century  had  achieved  for  us.  In  the  next  Congress,  we  were  as- 
sociated on  two  of  the  most  important  committees  of  this  bodv;  we 
lived  together  at  the  same  house,  and  an  intimacy  was  established 
mutually  cordial  anil  sincere.  Knowing  him  as  I  did",  Mr.  Presi- 
dent, I  may  be  pi'mjitted  to  say  that  to  every  task  to  which  ho 
was  called,  he  brought  to  its  accomplishment  untiring  industry, 
great  research,  and  an  unflagging  zeal  seldom  surpassed.  His  ta- 
lents were  of  no  common  order,  and  he  was  never  found  unprepai'- 
cd  upon  any  subject  committed  to  his  charge  ;  and  with  six  years' 
service  still  before  him,  who  knows  to  what  high  honors  he  might 
have  attained  ?  The  character  of  his  mind  was  investigating;  and, 
aided  by  a  pleasing  manner,  always  courteous  and  often  energetic, 
he  was  enabled  to  make  his  views  well  understood  by  the  Senate, 
and  to  produce  a  marked  cftect  upon  its  deliberations.  As  a  pub- 
lic man,  sir,  be  was  valuable,  and  gave  certain  promise  of  great 
usefulness  and  distinction. 

In  his  disposition,  the  ileccased  wtis  emincnilv  social  :  his  sua- 
vity of  manner — his  uiiruliled  temper — his  freedom  from  irritation 
by  all  those  little  annoyances  that  disturb  the  pathway  of  our  lives, 
was  a  subject  of  common  remark  to  those  who  were  intimately  as- 
sociated with  hiui.  But  it  was  in  the  family  circle  he  shone  most 
conspicuous,  as  a  husband — as  a  father — as  one  connected  with 
those  delicate  relations  of  life  in  which  humanity  is  exhibited  in  its 
most  captivating  form.  In  all  of  these,  sir,  he  was  a  model  and 
an  example,  lavishing  all  the  tenderness  of  his  nature  upon  those 
dear  objects  of  his  love,  who  returned  it  with  the  most  sincere  and 
devoted  affection,  and  to  whom  it  was  permitted  to  receive  his  fast 
sigh  at  that  dreail  moment  which  must  come  upon  us  all.  How 
terrible  is  this  blow  to  them,  who,  but  a  few  davs  ago,  were  all 
joy  and  gladness,  now  sobbing  in  anguish  over  his  inanimate  re- 
mains, conscious — painfully  conscious — they  are  never  more  to  feel 
the  pulsations  of  that  heart  which  beat  alone  in  love  for  them;  and 
as  tiicy  take  their  lonely  way   back   to   their  home,  how  agoniz- 


May  1.] 


DEATH  OF  MR.  ASHLEY. 


561 


injf  will  bs  the  thoucht  that  they  have  parted  forever  with  the  idol 
of  their  hearts — their  proteetor--their  father — their  dearest  friend 
— and  that  his  place  at  their  once  happy  board  is  to  be  vacant  for- 
ever ! 

How  quick,  Mr.  President,  is  the  passage  fVotn  the  Senate  to  the 
prave  !  Hnw  fleetinfr  and  transitory  the  hopes  and  promises  of  this 
life  !  And  how  full  of  warning  should  be  this  sad  event,  so  sudden 
and  so  startling,  prompting  us  to  recur  often  to  the  injunction, 
"  Be  ye  also  ready,"  for  no  one  of  us  can  tell  at  what  moment  that 


awful  summons  may  break  upon  our  ear  !     No  one  can  tell  when 
the  dread  messenger  may  appear. 

"  LeavM  have  ilieir  timp  to  fat!. 

And  flower?  to  wither  at  the  nortti  wind's  breath, 
Anfl  stars  to  set  ;   but  .-ill. 

Thou  hast  ali  seasons  Tor  thine  own,  O  Death  !" 

The  resolutions  were  then  adopted  ;  and, 

On  motion, 
The  Senate  then  adjourned. 


THE  FUNERAL  SOLEMNITIES. 


TUESDAY,  MAY  2,  1848. 


shortly  before  12  o'clock,  the  Committee  of  Arrangements  and 
pall-bearers,  with  the  coffin  containing  the  body  of  the  deceased 
Senator  Ashlev,  entered  the  chamber,  followed  by  the  Senator 
and  Representatives  of  Arkansas,  the  widow,  daughter,  and  per- 
sonal friends  of  the  deceased.  The  President  and  his  Cabinet  en- 
tered immediately  afterwards,  and  were  soon  followed  by  the  mem- 
bers of  the  House  of  Representatives. 

There  were  also  present  several  officers  of  the  army  and  navy, 
members  of  the  corps  diplomatique,  and  other  distinguished  gen- 
tlemen. 

The  services  commenced  with  an  impressive  and  eloquent  pray- 
er by  Rev.  Mr.  Gurley.  The  funeral  discourse  was  delivered  by 
Rev.  Mr.  Sheer,  from  I  Peter,  24:h  and  25lh  verses  :  "  For  all 
flesh  is  as  grass,  and  all  the  glory  of  man  as  the  flower  of  the 
grass:  The  grass  withereth,  and  the  flower  of  the  grass  fadeth 
away  ;  but  the  word  of  the  Lord  endureth  forever." 

The  services  beins  concluded,  the  funeral  procession  moved  from 
the  capitol  in  the  following  order  : 

The  Chaplains  of  both  Houses  of  Congress. 
Physicians  who  attended  the  deceased. 
30th  Cono. — 1st  Session — No.  71. 


Committee  of  Arrangements  of  the  Senate  of  the  United  States  : 


Mr.  Hannegan, 

Mr. 

Biitlci, 

Mr.  Greene, 

Mr. 

Diiyton, 

Mr.  Houston, 

Mr. 

Mangnm. 

Pall-I 

carers : 

Mr.  Baghy, 

Mr. 

Breese, 

Mr.  Davis,  of  Mass., 

Mr. 

Hale. 

Mr.  Johnson,  of  Md., 

Mr. 

Atchison. 

The  family  and  friends  of  the  deceased. 
The  Senator   and   Representative  from  the  State  of  Arkansas,  as 
mourners. 
The  Sergeant-at-Arms  of  the  Senate  of  the  United    States. 
The  Senate  of  the   United  States,  preceded  by  the  Vice  President 
of  the  United  States  and  their  Secretary. 
The  Sergeant-at-Arms  of  the  House  of  Representatives. 
The  House  of  Representatives,   preceded  by  their  Speaker  and 
Clerk. 
The  President  of  the  United  States. 
The  Heads  of  Departments. 
The  Chief  Justice  nnd  Associate  Justices  of  the  Supreme  Court  of 
the  United  States,  and  its  officers. 
The  Diplomatic  Corps. 
Judges  of  the  United  Slates. 
Officers  of  the  Executive  Departments. 
Officers  of  the  At  my  and  Navy. 
The  Mayor  of  Washington. 
Citizens  and  Slrancers. 
Having  reached    the    Congressional    burying    ground,    the   re- 
mains  of  the   deceased   Senator  were   teinporariiy  deposited  in  a 
vault,  from  which  they  were  afterwards  removed  to  their  final  rest- 
ing-place in  the  State  of  Arkansas. 


562 


PETITIONS— RESOLUTIONS,  ETC. 


t  Wednesday, 


WEDNESDAY,  MAY  3,  1848 


PORTRAIT  Ot    BARON  DE  KALB. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  communica- 
tion from  William  Brent,  staling  that  he  had  received,  addressed 
to  his  care,  from  Robert  Walsh,  Consul  of  the  United  States  at 
Paris,  a  portrait  of  General  Baron  de  Kalb,  for  the  purpose  of 
being  presented  to  Congress  as  an  offering  from  the  surviving  mem- 
bers of  the  family  ol  de  Kalb  ;  which  was  read. 

PETITIONS. 

Mr.  MOOR  presented  the  petition  of  Abraham  Cousins  and 
others,  heirs  of  Robert  Libby,  deceased,  a  revolutionary  soldier, 
praying  to  be  allowed  arrears  of  pension  ;  which  was  referred  to 
the  Committee  on  Revolutionary  Claims. 

Also,  a  memorial  ol  citizens  of  Aroostook  county,  in  the  State 
of  Maine,  praying  that  lumber  cut  in  that  State  and  manufactured 
in  the  British  Province  of  New  Brunswick,  may  not  be  admitted 
into  the  ports  of  the  Uni'ed  States  free  of  duty  ;  which  was  refer- 
red to  the  Committee  on  Finance. 

Mr.  STURGEON  presented  a  memorial  of  citizens  of  the  Uni- 
ted Stales,  praying  the  purchase  of  Mount  Vernon  by  the  govern- 
ment ;  which  was  referred  to  the  Committee  on  Military  Aflairs. 

Also,  three  memorials  of  citizens  of  Philadelphia,  Pennsylvania, 
praying  that  a  territory  west  of  the  Mississippi  river  may  be  set 
apart  for  the  permanent  homes  of  the  various  Indinn  tribes  inhab- 
iting the  United  States  ;  which  were  referred  to  the  Committee  on 
Indian  Affairs. 

Mr.  CRITTENDEN  presented  a  memorial  of  citizens  of  the 
United  States,  praying  the  purchase  of  Mount  Vernon  ;  which  was 
Ti'Serred  to  the  Committee  on  Military  AfTair-s. 

Mr.  JOHNSON,  of  Maryland,  presented  two  memorials  of  cit- 
izens of  Philadelphia,  Pennsylvania,  praying  that  a  territory  west 
of  the  Missippi  river  may  be  set  apart  lor  the  permanent  homes 
of  the  various  Indian  tribes  inhabiting  the  United  States  ;  which 
were  referred  to  the  Committee  on  Indian  Affairs. 

Mr.  BORLAND  presented  the  petition  of  John  B.  Luce,  pray- 
ing the  reimbursement  of  the  expenses  to  which  he  was  subjected 
by  a  prosecution  instituted  against  him  for  acts  done  while  in  the 
discharge  of  his  duty  as  an  Indian  agent  of  the  United  Statei  ; 
which  was  referred  to  the  Committee  on  the  Judiciary. 

Mr.  CASS  presented  the  memorial  of  Patrick  Maslerson,  a  re- 
volutionary soldier,  praying  to  be  allowed  a  pension  ;  which  was 
referred  to  the  Committee  on  Pensions. 

Mr.  JOHNSON,  of  Louisiana,  presented  the  petition  of  Wil- 
liam Piitman,  a  soldier  in  the  last  war  with  Great  Britain,  praying 
to  be  allowed  a  pension  ;  which  was  referred  to  the  Committee  on 
Pensions. 

On  motion  by  Mr.  STURGEON,  it  was 

Ordered,  That  the  legal  representatives  of  Jesse  D.  Elliott,  de- 
ceased, have  leave  to  withdraw  their  petition  and  papers. 

THE  LATE   SENATOR  ASHLEY. 

Mr.  HANNT'.GAN  submitted  the  following  resolution,  which 
was  considered  by  unanimous  consent,  and  agree<l  to  : 

Rtsolved,  Thnt  the  Assistant  Doorkepper  of  the  Senate  be  directed,  when  lo  re- 
quested by  the  widow  of  the  deceased,  to  convey  the  remains  of  the  Hon.  Chester 
Ashley,  late  Senator  of  the  United  States  from  the  State  of  Arkansas,  from  the 
nielro[iatis  of  the  t,lnited  Stales  to  the  residence  of  the  famdy  ol  the  deceased,  in  that 
State  ;  that  the  expenses  attending  the  s.iine  be  paid  out  of  the  contingent  fund  of  the 
Senate  ;  and  that  the  Secretary  of  the  Senate  p;'y  the  widow  of  the  deceased,  from 
the  contingent  fund,  whatever  sum  may  be  due  for  per  diem  compensatioD  and 
mileace. 

Mr.  BORLAND  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to; 

Resolved,  That  llie  Vice  President  be  requested  to  communicate  to  the  Eiecutife 
of  the  State  of  Arkansas  information  of  tlie  d«alh  of  the  Hon.  Chester  .\shley,  late  a 
6«nalor  from  said  State. 

COLORSn    CITIZENS    0¥    FREE    STATES. 

Mr.  HALE  submitted  the  following  resolution,  which  was  con- 
tidcred  by  unanimous  consent  and  agreed  to: 

fttiolve.d,  Tha*  theCommiltw  on  the  Judiciary  bo  instructed  to  inquire  what  legii 
laiioD,  if  any,  be  necessary  to  secnre  to  the  colored  citizens  of  the  non-slaveholding 
Slates  the  privileges  and  immunities  guarautie^l  by  the  constitiitiou  ot  the  TToited 
(ttates  to  citizens  of  each  of  the  States. 

THE    YUCATAN    MESSAGE. 

On  motion  by  Mr.  HANNEGAN,.  it  was 

Ordered,  That  the  message  of  the  President  of  the  United  States, 
of  the  29th  April,  rolalive  to  affordin"  aid  to  the  people  of  Yuca- 
tan, be  referred  to  the  Committee  on  Foreign  Relations. 


PRIVATE   BILLS. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  was  referred  the  bills  from  the  House  of  Represen- 
tatives for  the  relief  of  Hervey  Jones;  for  the  relief  of  Richard 
Reynolds;  for  the  relief  of  Seth  Morton;  for  the  relief  of  H.  Car- 
rington.  executor  of  Paulina  Le  Grand,  deceased;  and  for  the 
relief  of  Joseph  Johnson,  reported  them  without  amendment. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered,  That  the  report  of  the  Committee  on  Invalid  Pen- 
sions of  the  House  of  Representatives,  relating  to  the  bill  for  the 
relief  of  Joseph  Johnson,  be  printed. 

ADVERSE    REPORT. 

Mr.  PHELPS,  from  the  Ctunmittee  on  Finance,  to  whom  wa» 
referred  the  petition  of  John  W.  Leuchs,  submitted  an  adverse  re- 
port; which  was  ordered  to  bo  printed. 

UNITED    STATES    COURTS    IN    ILLINOIS. 

Mr.  WESTCOTT,  from  the  Committee  on  the  Judiciary,  to 
whom  was  referred  the  bill  from  the  House  of  Represedtatives  au- 
thorizing a  term  of  the  United  States'  circuit  and  district  courts  at 
Chicago,  Illinois,  reported  it  without  amendment. 

On  motion  by  Mr.  WESTCOTT,  the  Senate  proceeded  to  con- 
sider said  bill,  as  in  Committee  of  the  Whole,  and  no  amendment 
being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 
The  said  bill  was  read  a  third  time. 
Resolved,  That  this  bill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

THE    WIDOW  OF    COMMODORE    BARNEY. 

On  motion  by  Mr.  CRITTENDEN,  the  prior  orders  were 
postponed,  and  the  Senate  proceeded  to  consider,  as  in  Committee 
of  the  Whole,  the  bill  from  the  House  of  Representatives  for  the 
relief  of  Mrs.  Harriet  Barney. 

Mr.  NILES  remarked  that  he  thought  there  was  a  law  provid- 
ing for  all  such  cases  as  that  presented  in  the  bill. 

Mr.  CRITTENDEN  expressed  regret  that  the  chairman  of  the 
Committee  was  not  present  for  the  purpose  of  explaining  the  cir- 
cumstances which  renderred  the  passage  of  the  bill  necessary. 
But  ha  supposed  that  it  would  be  sufficient  lo  state  that  the  lady 
for  whose  relief  the  bill  had  been  reported,  had  not  been  included 
in  the  general  law  to  which  the  honorable  Senator  referred,  incon- 
sequence of  her  pension  not  having  expired  till  a  few  days  after 
its  passage. 

Mr.  CALHOUN  asked  for  a  reading  of  the  report,  which  was 
then  read,  setting  forth  the  fact  just  stated  by  the  Senator  from 
Kentucky. 

Mr.  YULEE  observed  that  it  was  the  intention  of  the  Naval 
Committee  to  report  a  general  bill,  which  would  cover  this  case. 
He  perceived  that  this  bill  came  from  the  Committee  on  Pensions; 
but  the  subjcct'had  been  before  the  Naval  Committee,  and  as  he 
had  remarked,  it  had  ordered  a  general  bill  to  be  reported  which 
would  meet  this  case. 

Mr.  CRITTENDEN  replied  that  he  greatly  preferred  the  bill 
before  the  Senate  to  any  bill  before  the  Naval  Committee,  of  which 
he  knew  nothing.  The  case  of  this  lady  came  clearly  wiihin 
the  spirit  of  the  general  law  which  had  been  passed,  but  for  the 
eircumslanre  which  he  had  mentioned,  she  had  Tailed  to  obtain  the 
benefit  of  that  law. 

No  amendment  being  made,  the  bill  was  reported  to  the  Senate 
Ordered,  That  it  pass  to  a  third  reading. 
The  said  bill  was  read  a  third  time. 
Resolved,  That  this  bill  pass. 

Ordered,  That  the  Secretary  notify  the  Honse  of  Representa- 
tives accordingly. 

ARREST    OF    FUGITIVE    SLAVES. 

Mr.  BUTLER,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  resolution  of  the  Lecislature  of  Kentucky  askinfj 
the  passage  of  a  law  lor  the  recovery 'of  fugitive  slaves,  submitted 
a  rcpoi;t,  accompanied  by  a  bill  to  provide  for  the  more  effectual 
execution  nf  ihc  third  clause  of  the  second  section  of  the  fourth 
article  of  the  constitution  of  the  United  States. 

Mr.  BADGER. — Has  the  report  been  printed! 


May  3. J 


GRANT  OF  LAND  TO  ILLINOIS 


563 


Mr.  WESTCOTT.— No,  sir. 

Mr.  BUTLER.— I  will  take  the  liberty  of  reading  the  report. 

Mr.  CRITTENDEN.— I  think  it  will  be  better  to  print  it,  as 
It  will  be  very  imperfectly  understood  from  the  mere  reading  of  it. 

Mr.  BUTLER  then  read  the  report,  having  briefly  stated  the 
circumstances  in  which  it  originated,  and  the  general  objects  of 
the  bill  aecompanymg  it. 

The  bill  was  read  and  passed  to  the  second  reading. 
The  report  accompanying  the  report  having  been  read — 
On  motion  by  Mr.  ATCHISON,  it  was 

Ordered,  That  it  be  printed,  and  that  ten  thousand  additional 
copies  be  printed  for  the  use  of  the  Senate. 

Mr.  BUTLER,  from  the  same  Committee,  to  whom  was  re- 
ferred the  memorial  of  citizens  of  western  Pennsylvania,  praying 
the  repeal  of  the  law  imposing  a  fine  for  harboring  a  slave,  sub- 
mitted an  adverse  report  thereon, 

PRIVATE    BILL. 

Mr.  UNDERWOOD,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  for  the  re- 
lief of  Charles  Reeder,  Walter  R.  Johnson,  and  the  legal  repre- 
sentatives of  Thomas  P.  Jones,  reported  it  with  an  amendment  ; 
and  submitted  a  report  on  the  subject,  which  was  ordered  to  be 
printed. 

AMERICAN    COLONIZATION    SOCIETY. 

Mr.  UNDERWOOD,  from  the  same  Committee,  to  whom  was 
referred  the  memorial  of  the  American  Colonization  Society,  sub- 
mitted a  report  accompanied  by  a  bill  for  its  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

WEST  FELICIANA  RAIL   ROAD. 

Agreeably  to  notice,  Mr.  FOOTE  asked  and  obtained  leave  to 
bring  in  a  bill  for  the  relief  of  the  West  Feliciana  Railroad  Com- 
pany; which  was  read  the  first  and  second  times,  by  unanimous 
consent,  and  referred  to  the  Committee  on  Finance. 

VACANCIES   IN    COMMITTEES. 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  Mr.  Bdtier,  of  South  Carolina,  be  appointed 
chairman  of  the  Judiciary  Committee,  in  the  place  of  Mr.  AsH- 
tEy,  deceased,  and  that  the  Vice  President  appoint  a  member  of 
said  committee  to  fill  the  vacancy  occasioned  thereby. 

Mr.  Moor  was  appointed. 

On  motion  by  Mr.  BREESE,  it  was 

Ordered,  That  a  member  be  appointed  by  the  Vice  President  to 
fill  the  vacancy  in  the  Committee  on  Public  Lands  occasioned  by 
tne  decease  of  the  Hon.  Mr.  Ashley. 

Mr.  Borland  was  appointed. 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  a  member  be  appointed  by  the  Vice  President  to 
fill  the  vacancy  in  the  Committee  on  Printing,  occasioned  by  the 
decease  of  the  Hon.  Mr.  Ashley. 

Mr.  Borland  was  appointed. 

THE    PUBLIC    LANDS. 

On  motion  by  Mr.  BREESE,  it  was 

Ordered,  That  fifteen  hundred  copies  of  the  report  of  the  Com- 
missioner of  the  General  Land  Office,  in  answer  to  a  resohition  of 
the  Senate,  respecting  the  guaranties  of  public  lands  sold  from 
time  to  time,  and  the  quantity  remaining  unsold,  be  printed  for  the 
use  of  the  Senate. 

MESSAGES  FROM    THE    HOUSE. 

The  foUowmg  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President ;  The  House  of  Represenfstivea  have  passed  the  bill  of  the  Senate 
for  the  reli.if  of  John  Blaclr.  late  consul  of  tlie  United  Statei  at  the  city  of  Melico. 

They  have  also  passed  a  bill  to  attach  a  portion  ol"  the  southwestern  land  district. 
Louidana,  to  the  district  of  Red  river,  Louisiana;  a  joint  resolution  in  reference  lo 
evidence  in  applications  for  pensions;  and  sundry  private  bills,  in  all  of  which  they 
request  the  concurrence  of  the  Senate. 

NOTICES. 

Mr.  WESTCOTT  gave  notice  that  on  to-morrow  or  some  fu- 
ture day,  be  will  ask  leave  to  introduce  the  following  bills  :  An 
act  respecting  the  public  archives  in  the  Slate  of  Florida,  and  an 
act  to  grant  the  Everglades  and  certain  lands  contiguous  thereto, 
in  the  State  of  Florida,  to  said  State  upon  certain  conditions. 

Mr.  BELL  gave  notice  that  on  to-morrow,  or  some  future  day, 
he  will  ask  leave  to  introduce  a  bill  to  authorize  the  district  court 
of  the  United  States,  for  the  district  of  Tennessee,  to  hold  special 
terms. 


Mr.  BORLAND  gave  notice  that  on  Monday  next,  he  will  ask 
leave  to  introdui^'e  a  bill  to  grant  to  the  State  of  Arkansas,  the 
public  lands  lying  within  that  State  ;  remaining  unsold  on  account 
of  overflow  by  the  water  courses,  for  purposes  of  internal  improve- 
ment, and  other  purposes,  in  the  discretion  of  the  State,  to  be  exe- 
cuted by  authority  of  the  State  government. 

Mr.  MANGUM  gave  notice  that  on  tomorrow,  or  some  future 
day,  he  will  ask  leave  to  introduce  a  bill,  the  title  of  which  he 
named. 

Mr.  CASS  gave  notice  that  on  to-morrow,  at  one  o'clock,  he 
will  move  to  proceed  to  the  consideration  of  the  volunteer  bill. 

Mr.  ATHERTON  gave  notice  that  on  to  morrow,  he  will 
move  to  proceed  to  the  consideration  of  the  West  Point  appropri- 
ation bill. 

GRANT    Oy  LAND  TO   ILLINOIS. 

Mr.  DOUGLAS  moved  that  the  Senate  proceed  to  the  consid- 
eration of  the  bill  granting  to  the  State  of  Illinois,  the  right  of 
way  and  a  donation  of  public  lands  for  making  a  railroad  connect- 
ing the  upper  and  lower  Mississippi  with  the  chain  of  northern 
lakes  at  Chicago  ;  which  had  been  made  the  special  order  for  thii 
day. 

Mr.  HALE. — I  would  inquire  whether  my  motion  for  leave  to 
introduce  a  bill  does  not  come  up  as  unfinished  business  ? 

The  PRESIDING  OFFICER.— That  will  come  up  as  a  mat- 
ter  of  course,  if  the  motion  of  the  Senator  from  Illinois  does  not 
prevail. 

Mr.  HALE. — I  only  ask  that  the  Senate  will  give  leave  or  re- 
fuse It. 

Mr.  DOUGLAS.— My  bill  is  the  special  order  of  the  day. 

Mr.  HALE. — Mine  is  the  special  order  of  the  morning. 

Mr.  DOUGLAS. — The  morning  hour  has  passed. 

The  motion  of  Mr.  DOUGLAS  was  then  agreed  to,  and  the  Se- 
nate resumed  the  consideration  of  said  bill  as  in  Committee  of  tha 
Whole. 

Mr.  CLARKE  then  remarked  that  one  of  the  Senators  from  In- 
diana who  desired  to  offer  an  amendment  to  the  bill  was  not  pre- 
sent, and  in  his^bsence  he  hoped  that  the  consideration  of  the  bill 
would  not  be  pressed. 

Mr.  DOUGLAS  hoped  that  the  bill  would  not  be  laid  over. — 
He  would  gladly  insert  the  amendment  to  which  allusion  had  been 
made.  He  would  now  move  as  an  amendment,  that  a  clause  be 
inserted  in  the  second  section  of  the  bill,  including  the  Northern 
Cross  railroad,  extending  from  the  Missis.Mppi  via  Springfield  to 
the  Indiana  line  in  the  direction  of  Covington. 

Mr.  CLARKE  reiterated  the  expression  of  his  desire  that  the 
consideration  of  the  bill  should  lie  postponed  in  consequence  of  the 
Senator  from  Ind'iana. 

Mr.  DOUGLAS  remarked  that  if  the  Senator  from  Indiana 
was  not  satisfied  with  the  amendment,  he  should  pledge  himself  to 
move  a  reconsideration  of  that  vote. 

Mr.  NILES  — I  would  inquire  of  the  honorable  Senator  who  bai 
charge  of  the  bill,  what  is  the  quantity  of  land  which  the  bill  pro. 
poses  to  grant  ? 

Mr.  DOUGLAS. — I  have  not  made  the  calculation.  The  grant 
ot  land  is  for  alternate  sections — six  miles  on  each  side. 

Mr.  NILES. — For  the  whole  length  of  the  road — what  i»  the 
length  of  the  road  ? 

Mr.  DOUGLAS.— Four  hundred  miles. 

Mr.  NILES.— Four  hundred  '. 

Mr.  DOUGJiAS. — The  lands  have  been  for  sale  for  a  period  of 
twenty,  two  years,  at  a  dollar  and  a  quarter  an  acre,  and  have  not 
found  purchasers,  for  the  reason  that  they  are  situated  in  large 
prairies,  distant  from  a  market,  and  without  timber.  If  by  con- 
structing a  railroad,  the  means  of  transporting  timber  be  provided, 
there  can  be  no  doubt  the  alternate  sections  will  be  readily  sold  for 
two  and  a  half  dollars  per  acre. 

Mr.  NILES. — The  gentleman  gives  a  very  fair  explanation  !  . 

Mr.  DOUGLAS. — I  am  happy  to  hear  it ! 

Mr.  NILES. — I  have  another  inquiry  to  make.  Does  the  bill 
absolutely  vest  the  lands  in  the  State,  whether  the  railroad  be 
made  or  not  ? 

Mr.  DOUGLAS. — No.  There  is  a  provision  that  if  the  road 
be  not  completed  within  fifteen  years,  thi  lands  revert  to  the  Uni- 
ted States;  and  if  any  portion  shonld  be  sold,  the  purchase  money 
is  to  be  refunded  There  is  also  a  provision  securing  the  free  use 
of  the  road  to  the  United  Slates  government,  for  the  transportation 
of  its  troops,  army  and  navy  supplies,  and  all  their  public  property 
of  every  description. 

Mr.  NILES. — Is  there  any  provision  for  carrying  the  mail  ? 

Mr.  DOUGLAS. — There  is  not.  But  if  the  distinguished  chair- 
man of  tlie  Committee  on  the  Post  Office  offer  a  reasonable  and 
liberal  provision  to  that  effect,  I  shall  have  great  pleasure  in  ac- 
cepting it. 


564 


GRANT  OF  LAND  TO  ILLINOIS. 


[Wednesday  , 


Mr.  JOHNSOK,  of  Maryland— (in  his  seat.) — There  ought  to 
be  6uch  a  provision. 

Mr.  DOUGLA-S. — I  shall  cheerfiilly  insert  such  a  provision,  and 
add  a  clause  to  the  effeft,  that  in  case  of  disagreement  between 
the  Deparlmenl  and  the  State,  the  district  court  shall  decide. 

A  Senator — (in  his  seat.) — The  mails  ought  to  be  carried 
free. 

Mr.  DOUGL.\S.— Oh,  no!  That  could  hardly  be  asked.  But 
I  am  willins;  to  accede  to  any  reasonable  provision. 

Mr.  NILES.— Well,  if  the   United    Stales  jiive   the   means  of 
making  the  road.  I  ilo  not  think   it  would  be   unreasonable  to  ask 
that  the  inail  should  be  ea-ried  without  cliarire.     I  understand  that, 
it  is  proposed  to  grant  a  portion  of  the  public  domain  equal  to  six 
miles  in  width  for  a  distance  of  four  liundred   miles.     That  is  al- 
most as  ample  a  proposition  as  we  have  before  us  for  the  construc- 
tion of  a  railroad  to  tlie  Pacific.     The  projector  of  that  road  asks 
for  a  little  larger  breadth  of  land,  and  proposes  to  make  the  whole 
road  out  of  the  land  granted  to  him,  making  it  free  to  the  United 
States.     Tliis  roail  is  lor  the  benefit  of  the  State  of  Illinois,  to  be 
under  the   manageinent  of  iliat    State   and   to   be   owned   by  that 
Stute.     This  bill  is  designed  to  put  into  the  treasury  of  the  Stale 
the  value  of  this  large  amount  of  public   lands,  in  order  to  enable 
it  to  construct  this  road.     What  that  value  may  be  I  will  not  un- 
dertake to  say.     It  is  undoubtedly  very  considerable — equal  to  the 
minimum   piice  of  the   land,  and    perhaps  considerably  more.     I 
cannot  vote  for  this  bill,     I  cannot  even  make  the  proposition  sug- 
gested by  the  honorable   Senator  to  secure   what   might   perhaps 
inure  to  the  convenience  and  benelit  of  the  United  States  in  rela- 
tion to  mail  service,  because  I  believe  the  whole  thing  is  wrong — 
wrong  in  view   of  the  constitution — wrong  in  view  of  any  sound 
principles  of  policy  and  justice   in   relation   to   the   whole   of  the 
States  of  this  Union.     I   admit   no  power  in   this  government   to 
make  a  railroad  in  this  or  any  other  form.     Our  attention  was  di- 
rected the  other  day  to  a  very  great  inconvenience  and  evil  under 
■which  the  wholly  country  labors  in  relation  to  a  railroad  across  tlie 
Stale  of  New  Jersey  ;  and  in  that  case  I  almost  wish  we  had  such 
B  power  as  is  chiimed  by  those  who  advocate  this  bill  ;  but  I  have 
never  been  able  to  satisfy  myself  that   such  a  power  does  exist. — 
To  say  that  we  can  get  round  the  constitution  by  granting  the  pub- 
lic lands,  instead  of  taking  tht;  money  directly  out  of  the  treasury, 
is  certainly  trifling  with  the  judgment  of  this  body.     It  means  the 
same  thing.     The  whole  thing  is  wrong,  and  cannot,  in  my  judg- 
ment, be  sustained  at  all,    without    a  violation  or  latitude  ol  con- 
struction of  the  constitution  entirciv  nnjustifiable.     I  hold  that  this 
system  is  entirely   incompatible   '.vlth   any  rational  construction  of 
the  constitution,' or  anv   just,  interpretation  of   that  instrument  — 
What    is   this   principle?     Why   it  is  this  :  that  you  may  exercise 
this  p-iwer  where  the  government  of  the  United  States  have  a  cer- 
tain description  oipnipertv,  and  no  where  else;  that  you  may  take 
the    public    land  and    make   railroads    or   other  public  improve- 
ments, in  the  States  where  the  public    lands    happen    to  be,  from 
the  funds  thus  obtained.     I   am   utterly   at   a   loss   to  know  how 
the  existence  of  public  lands  in  a  particular  state,  gives  any  addi- 
tional claim  on  these   grants  from  the  general  government,  so  far 
as  the   policy  and   constimtiivnal  justice  of  these   grants  are  con- 
cerned.    1  know  it  is  contended   that  benefit  accrues  to  the  gene- 
ral  interest  of  the  United   States,  and   it  has   even   been  claimed, 
that   this  consideration  sets   aside  the  constitutional  difficulty.     I 
never  could  see  the  force  of  that  reasoning  ;  and  in  this  case   it  is 
particularly  difTicuk  to  perceive  its  force,  when   we  recollect  that 
Bccortling  to  the   provisions  of  the   bill,  the    land  to  be  selected  is 
not  confined  to  the  immediate  vicinity  of  the  road.     This  is  a  sim- 
ple proposition  to   grant  the   proprietorship  of  these  lands  for  the 
benefit  of  a  work  of  internal  improvement,  which   is  to  be  owned 
by  a  particular  State.     Now  I  believe  it  is  founded  upon  the  most 
manifest  injustice.     If  we  are  to  make  appropriations  for  the  ben- 
efit of  works  of  this  kind,  they  should   be   made  on  some  general 
principle — some   system    which  will   inure  in   some  degree  to  the 
common  benefit  of  all  the  Stales  of  this  Union. 

I  do  not  propose,  however,  to  go  into  a  general  discussion  of  the 
question.  I  know  it  will  he  of  no  avail.  I  have  sesn  all  this  be- 
fore, and  I  know  the  result.  I  suppose  this  bill  will  pass.  1  think 
it  is  proper  that  some  provision  lor  the  conveyance  of  the  mail 
should  be  inserted,  but  recollecting  that  I  once  offered  such  a  pro- 
position, and  that  it  was  voted  down,  I  do  not  feel  disposed  to  of- 
fer any  amendment  on  the  present  occasion.  I  shall  content  ray- 
Bolf  with  asking  for  the  yeas  and  nays, 

Mr.  DOUGLAS. — I  have  drawn  up  an  amendment  in  relation 
to  the  transportution  of  the  mails,  which  I  think  will  be  satisfac- 
tory. 

Mr.  DOUGLAS  read  his  amendment,  as  follows  : 

AiW  tlie  Ibllowin;  :  Sec.  8.  .Indhr  it  further  enacttil.  That  thf  United  Staltt 
mails  shall  bi;  ciirrieJ  on  laiii  road  under  tiie  regulation  of  tlie  Post  Ottlce  Dejiartnient 
at  a  reaonablt;  juice  [laid  on  ottier  railroads,  and  in  case  ot^  di»asecement  between  the 
State  nn  I  ttie  ilepar,  mont  as  to  ttie  price,  the  matter  m  dispute  shall  be  referred  to  the 
United  Slates  district  judge  for  said  State. 

Mr.  CRITTENDEN. — My  only  purpose  was  to  suggest  to  the 
honorable  Senator  to  olfcr  such  an  amendment  as  he  has  done, 
with  which  all  my  objection  to  iho  bill  is  removed.  Such  a  provi- 
sion is  necessary  in  urder  to  prevent  exorbitant  exactions  for  car- 
rying the  moil  j  there  being  no  mode  of  conveyance  that  could 
oomiiete  with  the  railroad  in  point  ol  speed,  the  company  would 
have  a  complete  monopoly,  sod  be  enaoled   to  impose  their  own 


terms.  It  is  necessary,  therefore,  that  they  should  be  laid  under 
some  restriction  as  to  price.  Sir,  I  rejoice  to  see  a  portion  of  the 
public  domain  of  the  country  applied  to  such  a  purpose  as  this, 
for  I  do  not  know  a  more  nntural  or  more  wise  purpose  to  which 
it  could  be  applied,  than  to  iinprove  and  settle  the  lands  them- 
selves. That  will  be  the  effect  of  this  appropriation.  The  inter- 
course that  will  be  facilitated  also  by  this  measure,  the  in  establish- 
ment of  this  road  is  very  important,  connecting  as  it  will  the 
waters  of  our  western  rivers  wiih  the  waters  of  the  lakes.  I 
hope  the  bill  will  receive  the  sanction  of  the  Senate.  And  iii  re- 
gard to  the  conslituiional  question,  it  is  a  certain  and  undeniable 
lact,  Ihat  there  has  not  been  a  President  of  the  United  States — 
there  has  not  been  an  administration  since  the  formation  of  the 
government,  by  whom  an  appropriation  similar  to  this  has  not 
been  sanctioned — not  one  administration  from  Washington  down 
to  this  day,  ihat  has  not  given  its  sanction  to  such  a  grant.  Old 
Colonel  Zane  liad  a  grant  made  to  him  for  marking  out  the  first 
footpath  in  Ohio,  and  preparing  the  way  for  settlement.  If  any- 
thing can  be  settled  by  precedent,  this  has  been  ;  lut  I  am  told 
by  some  gentlemen,  that  constitutional  questions  cannot  be  so 
settled,  but  must  be  left  open  ;  that  the  wisdomaiid  expciience  of 
our  predecessors  must  be  disregarded,  and  that  such  matters  must 
be  made  the  subject  of  endless  and  everlasting  experiment.  If 
anything  can  be  settled  by  precedent,  if  anything  can  be  fixed  as 
fuiidiimental  law  hy  the  unanimous  approval  of  the  wisest  men — 
such  men  as  Washington  himself,  and  such  Cong:resses  as  have 
existed  since  the  formation  of  our  constitution — this  is  such  a  ques- 
tion. I  have  no  doubt  myself,  either  as  to  the  constitutional  right 
of  Congress  to  make  the  grant,  or  of  the  wisdom  and  sound  policy 
of  such  a  measure. 

Mr.  BAGBY. — Mr.  President:  Several  years  of  observations 
upon  the  current  and  the  tendency  of  sentiment,  and  of  action  in 
this  body  in  regard  to  this  subject  of  internal  improvement,  has 
satisfied  me  that  there  is  but  little  hope  or  prospect  of  resisling  it 
successfully.  Nevertheless,  tbeie  are  some  few  of  us,  who  with 
entire  respect  lor  the  views  and  opinions  of  those  who  diD<"r  from 
us,  considering  ourselves  as  somewhit  faithful  among  the  faithless, 
consider  it  our  duly  to  resist  it  to  the  last,  no  matter  what  form  it 
may  assume,  or  by  what  arguments  it  may  be  sustained,  or  by 
what  means  it  may  be  attempted,  to  accomplish  it.  In  addition 
to  the  question  with  respect  to  the  constitutional  power  of  Con- 
gress, exercised  either  directly  or  indirectly,  to  engage  in  works 
of  iniernal  improvement  in  the  States,  and  which  the  Senator  from 
Kentucky.  [Mr.  Cbittemien,]  seems  to  think  has  been  settled 
by  the  lioary  practice  of  unbroken  years  under  preceding  adminis- 
trations, but  which  can  have  no  decisive  influence  with  me  in  con- 
struing the  constitution;  there  is  another  feature  in  this  bill  con- 
nectid  with  the  public  iioltcy  of  the  country,  from  the  correctness 
of  which  1  entiieiy  dissent.  In  order  to  be  distinctly  understood, 
I  (ilace  my  opposition  to  this  bill  upon  two  grounds,  its  unconstitu- 
tionality and  inexpediency.  For  a  period  of  time,  at  least  as  long, 
perhaps  longer,  than  this  proposition  to  grant  rights  of  way  and 
alternate  sections  of  public  land  to  make  railroads  in  the  States 
where  the  public  lands  are  situated  has  existed;  there  has  also  been 
a  proposititm  to  graduate  and  reduce  the  price  of  the  public  land. 
Contemporaneously  and  pari  jjassu  with  this  proposition  to  re- 
duce and  graduate  the  price  ol  the  public  land,  a  proposition  is 
brought  lorward,  the  direct  and  inevitable  tendency,  and  the 
avowed  object,  of  which  is,  to  increase  the  price  of  the  public 
land  throughout  the  whole  extent  traversed  by  this  railroad,  which 
is  said  to  be  lour  hundred  miles,  Irom  one  dollar  and  tweniy-tivo 
cents  to  two  dollars  and  fifty  cents  per  acre.  Indeed  this  is  the 
argument  mainly  relied  upon  by  the  advocates  of  the  bill  to  relieve 
it  from  its  unconstitutionality,  and  to  sustain  its  expediency — 
that  is  to  say,  the  advocates  ol  the  bill  contend  that,  although  it 
may  be  tiue  that  Congress  would  have  no  right  to  appropriate  any 
jioriion  of  the  ].Kblic  land  for  the  purpose  of  making  railroads  or 
other  improvements  in  the  States;  if  that  proposition  stood  by 
Itself  and  unconnected  with  any  other,  yet  that  inasmuch  as  the 
government  is  the  proprietor  of  all  the  public  lands,  it  is  entirely 
competent  for  Congress  to  give  way  one-half  of  the  public  land, 
provided  such  giving  away  will  double  the  value  of  the  remainder. 
Now,  to  make  the  most  of  this  proposition,  it  only  leaves  the  go- 
vernment in  statu  quo.  For  if  you  give  away  half  the  land  it  is 
necessary  to  double  the  price  of  the  remaining  quantity  in  order 
to  break  even.  But  the  idea  of  increasing  the  receipts  into  the 
Treasury  by  the  enhanced  value  of  the  land  in  consequence  of 
granting  a  right  to  run  a  railroad  tnrough  it,  is  a  complete  delu- 
sion. 1  will  tell  what  will  be  the  effect  of  these  unconstitutional 
grants  to  make  roads  and  canals  In  ihe  first  place,  yoH  will  com- 
pel those  who  purchase  these  lands  to  pay  double  what  they  would 
liave  to  pay  tlic  government  lor  them;  and,  in  the  next  place,  you 
will  cheat  the  government  out  of  the  additional  dollar  and  a  quar- 
ter which  you  put  upon  the  land  under  the  prttext  of  making  re- 
muneration for  the  idtcrnate  sections.  For  it  may  be  safely  af- 
firmed, that  when  the  price  of  the  lands  come  to  be  graduated 
and  reduced,  that  those  lying  in  the  Stales  to  which  Ibese  enor- 
mous grunts  have  been  made,  will  stand  precisely  upon  llie  some 
footing  with  those  lying  in  the  States  to  which  no  grants  havo 
been  made.  But  by  lar  the  most  serious  aspect  in  which  this  ques- 
tion can  be  viewed,  is  the  constitutional  one.  My  own  opinion  is, 
that  Congress  has  no  power  to  touch  a  drop  of  water  or  blade  of 
gross  or  a  grain  of  sand  in  any  one  of  th"  Stales  of  this  Union, 
except  for  the  purposes  enumerated  in  the  constitution;  that  is,  for 
forts,  arsenals,  and  dock-yards.     If  they  liave  let  it  bs  shown.     It 


May  3.] 


GRANT  OF  LAND  TO  ILLINOIS. 


665 


is  said,  however,  that  they  have  power  to  dispose  of  the  public 
land.  No  doubi  about  that.  But  they  have  no  power  to  dispose 
of  it  for  unconstitutional  purposes,  unless  the  constitution  was  in- 
tended to  be  destructive  of  itself.  It  is  not  the  disposal  of  the  land 
that  violates  the  constitution.  It  is  the  object  to  which  it  is  to  be 
applied  that  forms  the  test  of  constitutionality.  I  do  not  question 
the  power  of  Congress  to  give  away  the  public  land,  but  insist  it 
shall  not  be  used  to  break  down  the  constitution.  But  the  Senator 
from  Kentucky  relies  upon  precedent  to  sustain  the  principle  in- 
volved in  this  bill.  Unfortunately,  Mr.  President,  in  the  progres-s 
of  our  history  as  a  nation  we  have  furnished  precedents  for  almost 
every  thing.  For  a  perioil  of  forty  years  embraced  m  that  history  we 
we  have  had  abankof  tiie  United  States, and  under  the  administration 
of  one  of  the  patriots  of  the  revolution,  and  who,  in  the  language  of 
his  great  cotemporary  ami  illustrious  rival,  who  set  the  ball  of  the  re- 
volution in  motii>n,the  alien  and  sedition  laws  were  passed.  And 
yet,  I  apprehend,  if  the  proposition  before  the  Senate  was  to  revive 
the  alien  and  sedition  laws,  or  to  re-charter  a  bank  of  the  United 
Slates,  the  honorable  Senator  would  receive  but  a  very  sm.nll  re- 
inforcement from  this  side  of  the  chamber,  however  powerfully  and 
cogently  he  might  sustain  it  by  precedent.  Di%est  and  strip  this 
measure  of  the  extraneous  considerations  that  have  been  thrown 
around  it  in  the  course  of  the  discussion,  and  what  does  it 
amount  to  ?  ' 

It  is  admitted  the  road  cannot  be  inade  without  a  donation  of 
these  valueless  lands.  It  is  admitted  that  the  road  is  to  be  con- 
structed out  of  the  proceeds  of  the  sale  of  the  land  ;  and  that  ma- 
king the  road  is  the  consideration  upon  which  the  grant  of  the  land 
is  founded.  Disguise  it  as  you  may,  it  is  nothing  more  nor  less 
than  this — Congress  is  informed  of  the  great  importance  of  a  rail 
road  from  Chicago  lo  Cairo,  in  the  State  of  Illinois,  hut  is  informed 
that  Illinois  cannot  make  the  road  for  want  of  means,  and  therelbre, 
Connress  is  asked  to  appropriate  the  land  embraced  in  this  bill, 
and  does  it  upon  the  express  condition  that  the  land  thus  appropri- 
ated shall  bo  applied  to  that  object.  Is  not  this  the  true  state  of 
the  case?  The  government  of  the  United  States  by  this  bill  ap- 
propriates, in  the  State  of  Illinois,  a  quantity  of  land  amounting 
at  one  dollar  and  twenty-five  cents  per  acre,  to  nearly  two  millions 
of  d<dlars  to  make  a  railroad  from  Chicago  to  Cairo.  The  govern- 
ment appropriates  the  land,  from  the  proceeds  of  the  sale  ol  which 
the  road  is  lo  be  made,  and  without  which  it  cannot  he  done  ;  and 
making  the  road  is  the  consideration  for  appropriating  tne  land  ; 
the  appropriation  is  to  be  void  and  of  no  etii-'ct,  unless  the  road  is 
made  in  the  time  named  in  the  bill,  and  yet  it  is  gravely  contended 
that  the  finger  of  the  government  is  not  seen  or  its  hand  employed 
in  the  transaction  at  all !  Sir,  it  seems  to  me  there  can  be  no  un- 
dersianding  so  shallow  as  to  Le  imposed  upon  by  such  reasouingas 
this.  Whoever  furnishes  the  means  to  do  a  thing  causes  the  ttiinir 
to  be  done.  It  is  the  main-spring  that  sets  the  machine  in  motion, 
that  imparts  action  and  vitaliiy  to  it.  But,  sir,  the  evil  does  not 
stop  here.  In  many,  perhaps  in  most  of  the  Slates  in  this 
Union,  there  is  no  public  land  ;  and  if  you  grant  to  tiie  Stales 
in  which  there  is  public  land,  a  sufficient  quantity  to  make  a 
railroad  four  hundred  miles  long  in  each,  thereby  withhold- 
ing from,  and  keeping  forever  out  of  the  treasury  ihe  amount 
for  which  the  land  would  sell,  wiih  what  justice,  what  equiiy, 
what  show  of  plausibility  even  can  you  refuse  to  the  States 
in  which  there  is  no  public  land  an  equal  amount  of  money  ? 
How  could  you  refuse  old  Massachusetts  or  Virginia,  where  the 
fires  of  liberty  were  first  kindled,  and  the  cradled  of  freedoin  was 
first  rocked  ?  Is  there  any  diflerence  in  principle  or  cllect  be- 
tween withholding  fiom  the  Treasury  that  which,  wiihnut  your 
action  would  flow  into  it,  and  taking  an  equal  amount  from  the 
Treasury  afier  it  had  been  actually  paid  in?  1  defy  human  in- 
genuity to  point  cut  a  valid  distinction  between  the  two  eases. 
Sir,  this  is  a  monstrous  system.  I  will  not  go  now  into  the  influ- 
ence, the  pernicious  influence  it  must  exert  upon,  the  legislation 
of  the  country.  Already  there  are  before  Congress  propositions 
of  various  kinds  for  works  of  internal  improvements  amounting  to 
twenty  millions  of  dollars,  at  a  time  when  we  are  staggering 
under  a  load  of  debt.  Fasten  ih  s  system  upon  the  country,  and 
all  the  great  measures  that  illustrate  the  glory  and  efficiency  of 
this  administration  will  be  labor  lost.  The  revenue  tariff,  the 
independent  Treasury,  all  the  anticipated  benefits  and  advan'ases 
of  free  trade  ;  all  these  proud  triumphs  of  party  conflicts,  and  of 
sound  policy,  will  wither  and  perish  under  its  influence.  You  are 
not  only,  as  I  believe,  inflicting  a  serious  wound  upon  the  consti- 
tution, but  you  are  opening  a  raiyhty  gulf  that  will  swallow  up 
your  treasury,  and  exhaust  your  resources,  and  render  a  system 
of  exhorbitant  taxation    certain,  ineviialde. 

The  Senator  from  Kentucky  misunderstood  me,  if  he  supposed 
I  contended,  that  as  many  Presidents  had  sanctioned  the  constiiu- 
tionality  of  a  bank  of  the  United  States,  as  he  says,  have  approved 
of  the  principles  contained  in  this  bill.  What  I  said  was,  that  a 
bank  had  existed  fur  loity  years  in  the  history  of  the  government, 
and  had  been  finally  overturned  by  the  concurrent  action  of  the 
President,  and  a  large  majoriiy  in  both  housL-s  of  Congress,  and 
by  the  approving  voice  of  the.  people.  I  cited  this  to  show  that 
political  precedents  could  not,  and  ought  not  to  be  relied  upon 
wiih  too  much  confidence,  because  the  opinions,  like  the  lashions 
of  the  world,  pass  away.  The  Senator  from  Kentucky  puts  it  on 
the  ground,  that  nearly  all  the  Presidents,  down  to  the  present 
time,  had  sanctioned  the  principle  contained  in  this  bill.  Some, 
doubtless,  have.  1  trust  I  am  not  deficient  in  veneration,  and 
respect,  and  gratitude  for  the  great  and  good  men  who  have  gone 
befurs   us   on  the   stage    of  public   lifej   many   of    whom   have 


disappeared  from   it  forever.     But  under   the  full  and  continuing 
influence  of  all  these  emotions  I,  like  the  Senator  from  Kentucky, 
am  sometimes  a  little  jealous   of  executive    power,    and    cannot 
always  yield  full  credence  and  entire  acquiescence  to  the  correct- 
ness of  presidential  interpretations  of  the  constitution.     And  with 
the  permission  of  the  Senator,  I  will  go  one  step  further,  and  say, 
that  there  is  another  class  of   great    respectabiliiy,    talents,    and 
patriotism,  not  altogether  unknown    in    this,  our  day   and  genera- 
tion, with  the  correctness  and  orthodoxy  of  whose  interpretation* 
of  the  constitution  I  cannot  fully  concur — I  mean  those  who  aspire 
to  be  Presidents,     indeed,    sir,  as   an    humble    citizen  of  the  re- 
public, I  hav«  been  trouble!  in  this  respect,  and  at    times  have  al- 
most despaired  of  ever  being  able  to  arrive  at  the  true  construc- 
tion ofthe  constiiution,  or  of  keeping  pace  with  those  who,  at  stated 
periods,  once  in  about  lour    years  take  that  venerable  instrument 
into  their  own  hands.     Nothing    seems  to  sharpen   the  powers  of 
interpretation  so  keenly,  to    give  such  scope  and  expansion  to  the 
views  and  the  understanding,  and  to  inspire  so  lofty,  enlarged,  and 
disinterested  a  patriotism  as  a  prospective  view  aided  by  the  hope 
of  occupation  of  a  celebrated  mansion  at  the  other  end  of  the  ave- 
nue, familiarly  known    as  the    White   House,     It  is   wonderful  to 
see  how  it  vivifies  and   invigorates   the  understanding,  and   brings 
all  the  latent    powers   and    energies  of  interpretation    into  play. 
Under  its  powerful  and  almost  superhuman   influence,  pushed  for- 
ward by  feelings  of  the  most  elevated   patriotism,   gentlemen  are 
willing  literally  to  go  about  doing   good.     It  enables  them  to  find 
a  remedy  for  the  most  extreme    cases — to  find  a  measure   for  any 
pattern  and  almost  every  fashion    of  legislation.     And  in  nothing 
does  this  improved,  almost    sublimated    faculty  of  interpretation, 
exhibit   itself  with  such   wonderful    facility   as  it  does  in  regard  to 
this  subject  of  internal  improvement.     If  it  is  desired  to  construct  in 
one  of  I  he  States  a  railroad  four  or  five  hundred  miles  long,  costing 
a  couple  of  millions  or  thereabout,  all  that  is  necessary  is  to  repre- 
sent the  government  as  a  great  land  holder,  fully  authorized  to  give 
away  one  half  ofthe  land  in  order  to  enhance  the  value  of  the  re- 
mainder, and  compel  the  people,  purely  for  their  own  good,  to  pay 
double  price  for  it;  and  if  any   should  be  so  sceptical  or  wavering 
as  to  manifest  a  want  of  faith  in   the  efficacy  or  the  soundness  of 
this  doctrine,  their  doubts  are  removed,  or   they  are  strengthened 
and  confirmed  by  a  body  of  well  arranged  and  approved  precedents. 
''  This  hind  service,"  however,  like  all  terrestrial  means,  is  rather 
adapted  to  things  upon  a  limited  scale,  and  cannot  be  conveniently 
applied  to  more  than  one  Slate.     In   fact,  I'  believe   there  is  still 
an  hiatus  in  the    system,    and    that    no    precise   and    appropriate 
remedy  has  yet  been  discovered  for  a  case  in  which  two  Slates  are 
interested.    This  system  being  adapted  to  obtuse  intellects  and  plain 
thinkers,  like  my  >riend  from  Connecticut  and  myself,  somewhat  an 
odd  one,  seems   to  be   best  ailapted  in  its  application   to  odd  num- 
bers; but  if  a  case  can  be  made  out  in  which  more  than  two  Stitas 
arc  interested,  it  assumes  the    aquatic   form   and  the  three  Siates 
principle.     In  the  correct    applicaiion  of  this   principle,  however, 
you  are  not  only  compelled  to  take  water,  but  what  is  worse,  you 
have  to  stick  to   it.     For,  although,  in  the  proper  execution  and 
fulfilment  of  this  principle  you  may,  under  the  power  "  to  regulate 
commerce,"  spend  a  hundred   millions   to   remove  an   obstructive 
river,  you  cannot  spend  a  sixpence  to  get  around  the  obstruction, 
although  it  would  be  just  as  beneficial  in  every  possible  or  conceiv- 
able respect. 

Mr,  CRITTENDEN,— I  have  but  a  single  word  to  sa.y  upoa 
this  subject.  I  know  from  a  long  acquaintance  with  my  friend 
from  Alabama,  how  strict  and  how  strenuous  he  is  in  his  construc- 
tion of  the  constituiion.  As  far  as  precedent  is  concerned,  there 
have  been  a  great  many  more  in  favor  of  the  exercise  of  this  power 
than  there  have  been  in  the  favor  of  the  exercise  of  the  power  to 
which  he  has  alluded.  There  have  been  I  believe  fifty  to  one.  It  is  not 
one  precedent  alone  that  can  establish  and  settle  a  particular  point, 
but  a  snccession  of  opinions  and  of  experiments.  A  concurrence 
of  opinion  among  men  heretofore,  certainly  must  be  allowed  to  have 
some  influence  in  our  determination.  Whether  the  precedents  for 
a  bank  of  the  United  States  are,  in  number  or  force,  sufficient  to 
establish  its  constitutionality,  is  a  matter  to  be  left  open  for  future 
determination.  I  can  only  say,  that  Mr.  Madison  considered  that 
precedents  had  eslablished  the  question,  and  he  aeled  upon  that 
opinion  by  giving  his  sanction  to  a  law  establishing  a  bank  of  the 
United  States.  And  Mr.  Madison  was  a  wise  and  good  man. 
But  as  to  this  power  of  granting  the  public  lands  it  has  been  ex- 
ercised— I  believe  I  do  not  speak  in  exaggeration  when  I  say— a 
hundred  times  .'  There  has  not  been  a  President  of  the  United 
States  who  lived  through  his  terra  of  service  who  did  not  give  his 
sanction  to  such  a  measure.  There  is  an  instance  in  regard  to  the 
Senator's  own  State.  How  many  acres  did  we  give  to  make  a 
canal  around  the  Muscle  Shoals? 

Mr.  BAGBY. — Four  hundred  thousand. 

Mr.  CRITTENDEN.— Yes.     Four  hundred  thousand  seres 

Mr.  BAGBY". — And  all  thrown  away. 

Mr.  CRITTENDEN,— That  has  nothing  to  do  with  the  qaes- 
tion  of  power,  1  have  myself  no  hesitation  or  doubt  on  the  sub- 
ject,  but  I  do  not  expect  to  be  able  to  change  the  opinions  of  the 
gentleman.  This  proposition  a?ks  only  about  three  times  as  much 
land  as  has  been  thrown  away  in  an  ineffectual  attempt  to  make  a 
canal  in  Alabama.  We  have  made  grants  of  public  lands  lor  the 
establishment  of  institutions  in  certain  Stales,  This  proposition 
is  free  from  the  objection  which  might  be  made  in  those  cuet. 


566 


GRANT  OF  LAND  TO  ILLINOIS. 


[Wednesdat, 


Here  it  is  upon  our  own  land  that  the  improvements  are  to  be 
made,  and  tliey  will  contribute  to  enhance  the  value  of  these 
lands.  This  certainly  affonis  us  an  object  and  motive  for  interest- 
ing ourselves.  We  make  the  prant  of  a  portion  precisely  upon 
the  consideration  of  an  improvement  of  the  rest.  We  may  be  de- 
ceived in  this  expectation,  but  it  is  a  reasonable  one;  and  I  have 
no  doubt  myself  it  will  be  realized  if  the  work  should  be  accom- 
plished. 

Mr.  NILES. — The  Senator  from  Kentucky  says  that  grants  of 
this  character  have  been  made  under  every  administration.  I  be- 
lieve the  Senator  is  entirely  mistaken;  no  such  bill  was  ever  intro- 
duced into  either  house  until  recently.  According  lo  the  best  of 
my  recollection  neither  Jackson  nor  Van  Buren  gave  any  sanction 
to  propositions  of  this  kind.  President  Jackson  attempted  lo  limit 
and  restrain  these  schemes  lor  internal  improvement,  and  for  a 
time  he  succeeded  in  the  attempt.  What  is  a  proposition  for  a 
grant  of  public  land,  for  the  construction  of  a  railway,  but  an  at- 
tempt to  use  the  funds  of  this  sovernment,  in  co-operation  with  the 
state  authorities,  in  matters  of  iniernal  improvement  ?  Is  it  any- 
thinn- different  from  this  in  principle  ?  Not  at  all.  President  Jack- 
son limited  this  power  to  the  improvement  of  water  courses,  and 
not  to  the  erection  of  original  modes  of  communication  ;  and  Pre- 
sident Van  Buren,  I  am  well  assured,  acted  upon  the  same  prin- 
ciple. The  Senator  says  he  has  no  doubt  as  lo  the  constitutional 
question.  I  do  not  propose  to  argue  that  question  now.  If  I  were 
10  do  so,  I  should  not  expect  lo  raise  a  doubt  in  the  mind  of 
that  honorable  Senator.  I  believe  he  is  so  fortunate  as  not  often 
to  be  troubled  with  constitutional  doubts,  but  I  acknowledge  I  arn 
often  troubled  with  them,  and  they  are  very  annoying.  Some  gen- 
tlemen, of  whom  the  .Senator  from  Kentucky  is  one.  are  generally 
free  from  any  of  these  constitutional  scruples,  which  I  feel  the 
force  of  almost  every  day  They,  I  have  no  doubt,  take  a  more 
liberal  view  of  the  constitution.  They  look  not  to  the  letter  ol 
the  constitution  but  to  results,  and  whatever  tends  to  the  improve- 
ment of  the  country,  according  to  their  doctrine,  comes  wilhin  the 
constitution  somewhere.  I  confess  that  I  have  a  more  limited 
rule,  and  I  have  felt  it  to  be  a  point  of  duty  to  take  care  that  the 
constitution  is  not  infringed,  in  regard  to  these  grants  of  power. 
We  are  mixing  up  our  authority,  with  state  authority,  to  accom- 
plish what  ?  To  accomplish  a  work  in  which  the  State  is  imme- 
diately interested,  and  it  being  exclusively  a  State  object,  there 
cannot,  constitutionally,  be  any  joint  action,  or  cooperation.  We 
cannot  interfere  with  it  in  any  way.  If  it  be  a  federal  object,  then 
let  us  execute  it.  But  I  rose  merely  to  remind  the  Senator  from 
Kentucky,  that  he  is  mistaken  when  he  asserts  that  all  the  admin- 
istrations have  sanctioned  propositions  of  this  description.  I  know 
there  have  been  numerous  grants  of  public  lands  to  the  States, 
and  perhaps  some  of  tliem  were  limited  to  objects  of  internal  im- 
provement. But  the  limitation  aiTiounted  to  nothing.  The  States 
were  left  at  liberty  to  exercise  their  own  discretion.  That  is  a 
very  dKTerent  exercise  of  power.  Here  is  a  specific  object  for  pub- 
lic improvement  in  which  we  cooperate,  to  which  we  contribute 
our  ngei:cy,  to  which  we  contribute  funds.  This  is  a  very  dili'er- 
ent  case  from  a  simple  grant  of  land.  In  the  act  of  1842,  jirovi- 
ding  for  a  general  system  of  distribution  of  the  public  lands  aiuong 
the  States,  half  a  million  of  dollars  is  ijiven  to  each  of  the  States. 
But  that  act  did  not  pass  during  the  administration  of  any  of  those 
Presidents,  who  have  been  at  all  inclined  to  adhere  to  what  is 
called  a  strict  construction  of  the  constitution.  It  arose  under 
different  auspices.  I  merely  rose  to  set  the  Senator  right,  in  re- 
gard to  his  statement,  that  all  the  adiuiinstrations  had  sanctioned 
propositions  of  this  kind. 

Mr.  BENTON. — I  have  no  intention  to  consume  the  tiitie  of  the 
Senate  on  this  question.  I  have  been  long  enough  here  to  have 
voted  for  the  original  grant  to  the  State  of  Illinois,  for  the  pur- 
pcse  of  connecting  Lake  Michigan  to  the  Illinois  river,  by  means 
of  a  canal.  When  I  gave  that  vote,  I  did  not  expect  to  remain 
in  these  councils  until  the  object  intended  lo  be  accomplished, 
should  be  attained.  I  did  not  expect  the  good  fortune  of  seeing  the 
United  Stales  made  into  an  island,  by  a  canal  connecting  the  wa- 
ters of  the  Lake  Michigan,  with  those  of  the  Mississippi,  in  my 
life  time.  But  it  has  been  done,  by  the  aid  of  a  grant  of  land 
to  the  State  of  Illinois;  and  I  presuiue  without  that  aid,  the 
work  would  hardly  have  been  undertaken,  much  less  been  ac- 
complished. Now,  however,  the  work  has  been  completed, 
and  the  United  Stales  is  to-day,  an  Island  !  Leaving  the  Gulf 
of  Mexico  at  New  Orleans,  or  the  Atlantic  at  New  York, 
you  may  go  as  you  choose,  around  the  United  Stales  without 
touching  land.  The  result,  then,  of  a  grant  of  land  lo  the  State 
of  Illinois,  by  Congress,  has  been  prodigious,  and  even  if  there  were 
no  other  advantageous  result,  than  the  vast  facilities  afforded  to 
our  internal  navigation,  it  well  compensates  us  for  parting  with 
some  acres  of  lanil,  over  which  this  government  then  wielded  a 
barren  sceptre.  I  have  no  reason  to  regret  that  vote.  I  rejoice  in  it. 
I  have  not  the  same  degree  of  reason  to  rejoice  in  the  vote  which  I  al- 
so gave  in  favor  of  appropriating  nearly  half  a  million  to  the  State 
of  Alabama,  for  the  purpose  of  making  a  canal  around  the  Mus- 
cle Shoals.  But  I  do  not  consider  that  that  appropriation  was  lost. 
Though  the  contemplated  work  l.as  not  been  executed,  yet  there 
have  been  great  advantages  gaineil  by  the  conveyance  of  the  land 
out  of  the  hands  of  those  who  make  little  use  o(  it,  into  the  hands 
of  those  who  use  it  beneficially.  The  land  has  passed  from  the 
possession  of  the  Uniied  States  to  ihnt  of  individual  citizens  of  the 
country,  who  cultivate  it,  and  render  it  subservient  to  the  wealth 
and  prosperity  of  the  State  in  which  it  is,  and  also  of  the  United 


States  and  the  benefit  of  our  treasury.  I  do  not,  therefore,  con- 
sider any  of  those  grants  as  unprofitable  ;  but,  on  the  contrarv,  I 
fully  cimcur  in  the  opinion,  that  a  great  public  object  is  gained  in 
the  transter  of  these  lands  from  those  by  whom  they  are  not  culti- 
vated, to  those  by  whom  they  are  made  productive.' 

I  shall,  with  great  pleasure,  vote  for  the  bill  before  the  Senate; 
and  hope  that  the  construction  of  the  contemplated  railroad  will 
produce  sim.lar  beneficial  results  to  those  effected  by  ihe  canal.  The 
length  of  the  road  makes  no  difference  to  mc.  If  it  be  a  Ion"  road 
it  is  still  within  the  limits  of  the  State.  It  miiht  be  six  miles  long- 
er, and  not  pass  beyond  those  limits.  The  Stale  of  Illinois  is  one 
of  the  first  in  the  Union  in  jioint  of  territorial  extent.  It  must 
contain  nearly  forty  millions  of  acres. 

Mr.  BREE.SE— (in  his  seat.)— Thirty-five  millions. 

Mr.  BENTON. — Of  which  a  great  proportion  consists  of  pub- 
lic lands. 

Mr.  BREESE — (in  his  seat.) — Fifteen  millions  of  acres. 

Mr.  BENTON. — Fifteen  millions  of  acres  !  It  is  appalling  to 
think  of  it,  that  the  people  of  a  young  Stale  ai  e  le  purchase,  with 
money,  the  whole  extent  of  Ihe  soil  !  That  is  not  the  way  in 
which  any  country  in  the  world  can  bo  settled.  The  old  Stales 
were  not  so  settled.  The  young  Stales  wotdd  feel  themselves 
greatly  exhausted — great  ly^thrown  back  in  their  career  of  prosper-  . 
iiy  and  usefulness,  if  obliged  to  pay  for  the  whole  of  these  lands. 
It  is,  therefore,  a  great  public  object  gained  to  convey  these  lands 
from  the  possession  of  the  federal  government  lo  the  individual  cit- 
izens of  the  States.  With  regard,  then,  to  the  constitutional  ques. 
lion,  I  think  that  by  the  same  power  by  which  we  made  ihe  grant 
to  Alabama  for  the  construction  of  a  canal,  we  may  make  ihia 
grant  to  Illinois.  I  see  no  sort  of  difficulty  in  extending  this  kind 
of  aid  to  the  States,  in  order  to  effect  great  public  objects,  univer- 
sally beneficial  when  accomplished.  1  shall  therefore  vote  for  the 
bill  with  a  great  deal  of  pleasure. 

Mr.  BUTLER. — I  do  not  know  how  far  this  subject  is  con- 
nected with  a  general  system  of  internal  improvement  to  which  I 
have  radical,  abiding,  and  constitutional  objections. .  I  shall  take 
some  proper  opportunity  to  express  my  opinion  upon  that  question. 
I  do  not  know  that  this  is  the  proper  occasion,  but  I  am  afraid  there 
is  too  much  truth  in  the  remark  made  by  the  honorable  Senator 
from  Missouii,  that  there  is  a  gap  in  the  constitution  through 
which  our  money  has  been  flowing.  And  there  is  little  prospect 
of  restraining  ihe  current.  There  is  no  sneh  thing  as  recovering 
what  we  have  lost.  I  might  say  in  regard  to  it  nvlla  vestigia  re- 
trorsum.  All  has  been  running  one  way — westward.  The  Nile 
was  considered  a  god.  and  worshipped  by  the  Egyptians.  The 
Mississippi  IS  also  becoming  a  god.  Under  the  pretence  of  as- 
sisting the  States  we  are  giving — not  money,  but  the  equivalent 
of  money,  on  the  ground  that  we  have  a  right  under  the  constitu- 
tion to  bestow  our  bounties  where,  when,  and  for  what  purpose 
we  please.  Is  it  a  matter  depending  entirely  upon  legislative  de- 
termination ?  There  appears  to  be  no  limitation  by  which  the 
tendency  of  these  measures  can  be  controlled  ;  they  are  all  tending 
oneway.  If  it  were  proposed  lo  give  five  millions  of  dollars  in 
money,  there  would  probably  be  objection  raised  on  the  ground  of 
want  of  constitutional  pover  ;  but  it  is  proposed  to  give  up  four 
hundred  miles  of  land,  exlendinir  from  Chicago  to  Cairo,  a  tract 
four  hundred  miles  in  length,  and  six  in  breadth.  This  vou  are  to 
give  to  the  Stale  of  Illinois  to  enable  her  to  accomplish  her  enter- 
prize  of  constructing  a  railroad,  on  the  ground,  that  as  she  has 
already  received  land  for  a  like  purpose,  she  must  also  receive 
this  additional  grant.  I  do  not  say.  that  under  the  ariicles  of  the 
constitution  this  government  has  not  the  right  to  dispose  of  the 
public  lands  ;  but  I  never  will  give  my  consent  to  such  disposal, 
except  it  be  by  some  .'■ystem  of  equal  justice  to  all  the  States — 
some  system  having  in  view  the  benefit  of  all  parts  of  the  Union. 
I  have  no  idea  of  throwing  out  the  bounties  of  this  government  to 
this  place,  or  to  that,  merely  because  they  happen  lo  be  asked 
for  by  those  particular  sections  of  the  country.  I  shall  take  an 
opportunity  when  the  matter  comes  up  in  a  more  tangible  form  to 
express  my  opinion  more  fully  in  regard  to  the  evil  which  is  likely 
to  grow  out  of  this  course  of  proceeding  on  the  part  of  the  general 
government,  for  I  see  it  is  becoming  utterly  without  limitation. 

Mr.  CRITTENDEN.— There  was  one  remark  made  by  Ihe 
honorable  Senator  that  is  so  utterly  new  to  me,  that  I  cannot  pass 
it  by  wiihout  notice.  He  says  that  the  bountfes  of  the  govern- 
ment have  been  icmling  westward.  Wc,  of  the  West,  have  been 
constantly  arguing,  that  all  the  means  of  this  government  are  ex- 
pended upon  tlie  Atlantic  frontier.  There  cannot  be  a  greater 
mistake  than  to  suppose  that  this  government  is  pouring  out  its 
wealth  upon  the  West.  The  prosperity  of  the  West  is  not  the 
result  of  Ihe  expenditures  of  the  general  government  there. 
Where  are  all  your  ship-yards,  and  your  custom-houses?  They 
are  not  in  the  West,  If  Kentucky  constitutes  any  portion  of  the 
West,  I  think  the  honorable  Senator  will  hardly  bo  able  lo  show 
that  much  of  the  treasure  of  this  government  has  been  expended 
there. 

Mr.  BUTLER.— I  do  not  think  that  the  State  of  South  Caro- 
lina has  received  a  dollar  from  this  government. 

Mr.  CRITTENDEN.— More  public  money  I  will  venture  to 
»ay  has  been  expended  in  the  ciiy  of  Charleston,  first  and  last, 
than  has  been  expended  in  the  whole  Slate  of  Kentucky.  And 
this  remark  will   apply   generally  in  regard   to  all   the  western 


Mat  3.] 


GRANT  OF  LAND  TO  ILLINOIS. 


667 


Statf 3.  It  must  be  so  naturally.  Yonr  fortresses  are  scattered 
alon;:  the  Adantic  border.  Your  ship-yards  and  custom-houses 
are  there  ;  and  there  the  public  money  is  expended.  More  public 
monev  has  been  laid  out  in  the  buildmj;  ol  one  custom-house  in 
New  York  tlian  has  ever  been  expended  in  the  whole  Stale  of 
Kentucky.  The  Senator  is  entirely  mistaken  I  do  not  wish  the 
West  to  be  supposed  to  be  monopolizing  the  bounties  uf  this  govern- 
ment, to  bo  drawing  all  the  wealth  in  that  direction.  The  lion's 
track  is  entirely  the  other  way.     The  wealth  comes  from  there. 

Mr.  CASS. — As  I  intend  to  vote  for  this  bill,  I  wish  to  say  a 
very  few  words  in  regard  to  it.  The  subject  has  been  often  before 
the  Senate,  and  the  Senator  from  Connecticut  has  as  often  reiter- 
ated his  scruples,  faking  the  same  ground  that  he  has  taken  to  day, 
and  carefully  avoiding  the  grounds  upon  which  the  bill  rests.  This 
bill  does  not  touch  the  question  of  internal  improvement  at  all.  It 
asserts  no  right  on  the  part  of  this  government  to  lay  out  a  road 
or  to  regulate  the  construction  of  a  road.  The  federal  govern- 
ment is  a  great  landholder;  it  possesses  an  extensive  public  do- 
main, and  we  have  the  power,  under  the  constitution,  to  dispose 
of  that  domain;  and  a  very  unlimited  power  it  is.  The  simple 
question  is,  what  disposition  we  may  make  of  the  public  lands. 
No  one  will  contend  for  the  doctrine  that  we  cannot  give  them 
away  to  a  State.  As  the  Senator  from  Kentucky  has  said,  every 
President  has  signed  bills  asserting  the  principle  that  these  lands 
may  be  disposed  of  by  the  general  government,  without  restriction 
as  to  the  pur|iose  of  such  disposition.  We  may  bestow  them  for 
school  purposes,  or  we  may  bestow  a  portion  lor  the  purpose  of 
improving  the  value  of  the  rest.  What  right  have  you  to  sit  still 
and  see  your  lands  growing  in  value  through  the  instrumentality 
of  individuals  without  rendering  any  aid  in  furtherance  of  that  ob- 
ject? it  is  the  settlement  of  the  lands  that  makes  them  valuable. 
It  is  the  settler  who  converts  the  howling  wilderness  into  fruitful 
fields.  It  is  the  labor  and  the  enterprise  of  the  settler  that  has 
given  you  in  the  West  a  magnificent  empire,  and  one  which  has 
arisen  within  so  brief  a  period  that  it  is  almost  incomprehensible. 
When  I  told  the  story  in  Europe  that  I  bad  crossed  the  Ohio  when 
there  were  scarcely  twenty  thousand  people  in  that  counlry,  and 
that  it  now  contained  five  millions,  they  did  not  laugh  in  my  face 
to  be  spre,  but  they  ilid  nut  believe  what  I  said.  There  is  no  parallel 
in  the  history  of  man;  no  such  splendid  tribute  to  human  industry 
and  enterprise  since  the  first  man  went  out  of  the  garden  of  Eden. 
It  is  not  twenty-five  years  ago  that  I  sat  all  night  in  a  canoe  at 
the  head  of  the  pond  at  Chicago,  there  being  no  human  habitation 
in  wliieli  we  could  obtain  shelter  from  the  mouth  of  the  Illinois  to 
the  mouth  of  the  Chicago  river;  and  now  it  is  one  of  the  great 
highways  cf  travel  between  the  northern  lakes  and  the  ocean. 
Sir,  I  hope  the  gentleman  will  put  this  upon  its  true  ground,  leav- 
ing out  the  constitutional  question  and  taking  alone  into  consider- 
ation what  is  your  duty  as  landholders  in  a  new  country;  a  coun- 
try, too,  which  must  derive  its  improvement  from  the  industry  and 
enterprise  of  your  own  population;  where  every  stroke  of  the 
woodman's  axe  redounds  to  your  advantage.  The  man  who  sits 
down  with  his  family  in  the  wilderness  to  make  for  himself  a  home 
evinces  more  moral  courage  than  the  man  who  goes  into  battle. 
No  man  who  has  not  experienced  the  dilliculties  and  dangers  he 
has  to  encounter  can  estimate  them.  I  appeal  to  the  Senator  from 
Connecticut  to  look  at  it  in  this  point  of  view.  He  is  from  an  old 
country  where  such  improvements  have  been  ready  made  to  his 
hands  by  his  great,  great  grandfather.  Roads  have  been  made, 
and  bridges  built  for  liis  accommodation;  but  he  must  recollect 
that  his  cotcniporaries,  his  friends  around  him,  his  children  per- 
haps, are  going  into  this  new  country  and  enduring  privations  to 
make  that  valuable  which  was  not  so  before. 

Mr.  NILES. — No  doubt  my  honorable  friend's  construction  of 
the  constitution  satisfies  his  own  mind,  but  he  will  excuse  me  for 
saying,  that  I  cannot  permit  him  to  construe  the  consiitution  for 
me.  I  admit  there  is  no  question  of  jurisdiction  as  to  the  right  to 
dispose  of  the  lands,  but  the  question  recurs,  is  the  object  here 
proposed  such  an  one  as  the  federal  government  can  take  under 
its  jurisdiction.  I  hold  that  the  power  of  the  government  as  to 
the  disposal  of  the  public  lands  fs  limited,  if  not  in  express  terms, 
it  is  so  by  other  grants  of  power  ;  and  those  who  Lelieve  with  me 
that  this  power  is  not  an  unlimited  power,  inust  feel  the  force  of 
the  difficulty  I  have  suggested.  I  am  not  going  to  argue  the 
question  ;  but  I  must  be  permitted  to  set  myself  right  on  this  point. 
Although  this  government  has  unrestricted  power  to  dispose  of  the 
public  domain,  yet  if  they  attempt  to  apply  it  to  an  object  with 
which  the  consiitution  does  not  authorize  them  to  interfere,  then 
they  are  exceeding  the  bounds  of  their  authority,  and  their  act  is 
unconstitutional.  I  am  not  disposed  to  question  the  importance  of 
this  work,  but  I  say  it  is  one  with  which  we  have  nothing  to  do. 
The  Senator  from  Kentucky  is  certainly  somewhat  in  error  in  re- 
gard to  the  money  lor  the  sale  of  the  public  lands  being  drawn 
from  the  vi-est.  A  very  small  portion  of  it  is  drawn  from  the  State 
where  the  lands  lie.  How  can  it  be  so,  unless  the  citizens  of  that 
State  buy  the  lands  on  speculation.  Sir,  the  public  lands  are 
bought  by  my  constituents  and  yours;  by  people  from  the  old 
States;  by  emigrants  from  Europe  ;  and  the  very  inducements  that 
we  hold  out  to  settlers,  by  oifering  them  the  very  best  lands  for 
cultivation  at  nominal  prices,  instead  of  being  a  source  of  gain  to 
the  United  States,  is  an  expense  which  we  incur  for  the  purpose 
of  bringing  in  population  and  wealth.  My  constituents  have  in- 
■vested  their  money  and  bought  up  the  lands  in  the  honorable  Se- 
nator's Slate,  and,  I  believe  most  of  them  have  taken  with  them 
a  Utile  change  over  and  above  what  was  necessary  for  the  pur- 


chase of  their  farms.  I  consider  there  is  no  more  hardship  imposed 
upon  one  State  more  than  another  ;  and  in  regard  to  works  of  in- 
ternal improvement,  I  can  refer  the  Senator  to  some  quite  as  import- 
ant perhaps  as  any  that  he  speaks  of,  that  have  been  constructed  in 
the  middle  and  eastern  States  without  making  a  call  upon  the  na- 
tional treasury  at  all.  I  might  refer  him  to  the  Erie  canal,  a  con- 
siderable work,  made  by  the  State  through  which  it  runs.  I  might 
refer  him  to  the  extensive  railroads  through  all  the  eastern  Stales. 
We  are  glad  to  see  our  brethren  of  the  west  endeavoring  to 
comp-'te  with  us.  I  will  not  complain  even  if  they  excel  us.  But 
I  think  there  should  be  something  like  justice  in  the  administration 
of  the  funds  of  this  government,  and  if  the  public  domain  is  to  be 
looked  to  for  objects  of  this  kind,  then  I  say  with  the  Senator  from 
South  Carolina,  that  we  should  have  some  system  of  equalitv.  I 
can  see  no  reason  why  one  of  the  old  States,  whose  people  fought  for 
this  land,  and  who,  at  least,  incurred  the  perils  and  hazards  common 
to  us  all  in  the  revolution,  by  which  this  immense  western  domain 
was  acquired,  should  not  be  permitted  to  share  in  some  degree — if 
this  property  is  to  be  appropriated  for  these  purposes.  But  it  is  my 
opinion  that  the  wisest  and  best  thing  we  can  do  with  it.  is  to  hold  on 
to  it  as  a  permanent  source  of  revenue.  I  see  no  hardship  in  this. 
The  Senator  from  Missouri  talks  about  the  advantage  of  getting 
it  out  of  our  possession.  Can  he  suppose  that  by  parting  with  it 
to  State  corporations,  its  settlement  is  accelerated?  No,  sir  It 
can  only  be  settled  as  the  wants  of  the  people — the  cultivators  of 
the  soil — require  it.  And  I  think  the  best  disposition  that  could 
be  made  of  it,  is  to  retain  it  in  possession  of  this  government  until 
it  is  wanted  for  actual  settlemenf  It  is  taken  up  fast,  and  the 
faster  the  better  for  the  resources  of  the  country;  but  you  cannot 
force  settlement  by  any  legislation,  in  any  judgment,  not  even  by 
graduation. 

Mr.  BUTLER. — One  word  to  my  honorable  friend  from  Mi- 
chigan. If  he  supposes  that  I  entertain  any  feelings  of  sectional 
bigotry,  he  is  mistaken.  I  have  a  high  admiration  for  the  West, 
and  always  rejoice  as  much  as  any  one,  at  its  prosperity  and  ad- 
vancement. For  the  old  Atlantic  States  to  make  war  upon  the 
West,  would  be  like  the  mother  chiding  the  child.  I  am  more 
disposed  to  consult  and  promote  the  interests  of  the  West,  than  to 
retard  them,  but  it  strikes  me  as  singular,  that  the  West  while  it 
was  young,  asked  no  aid  from  the  government,  but  now  that  it  has 
become  strong,  it  seeks  assistance.  I  have  no  objection  to  the 
expenditure  of  the  funds  of  the  government  for  the  advantage  of 
the  States,  provided  there  be  uniformity.  When  the  property  of 
the  government  has  been  expended  in  the  Eastern  States,  an 
equivalent  has  been  given.  I  ask  the  gentleman  to  point  out  an 
instance  in  which  the  money  of  the  government  has  been  expended 
in  improvement  in  the  State  which  I  represent.  But  I  have  a  high 
regard  for  the  West.  It  is  destined,  I  have  no  doubt,  to  fulfil  the 
ardent  anticipations  that  have  been  formed  for  it.  My  remark 
was,  that  I  was  indisposed 'to  give  money  or  land  without  an 
examination  of  the  object  for  which  it  was  to  be  given,  and  with- 
out having  regard  to  some  system  that  would  operate  with  justice 
and  equality.  I  shall  not  hesitate  to  vote  an  appropriation  for 
any  constitutional  purpose  ;  but  I  must  be  permitted  to  examine 
for  myself.  These  arc  matters  that  admit  of  no  compromise. 
They  are  matters  that  must  be  decided  according  to  our  constitu- 
tion; because  if  we  permit  an  array  of  precedents — measures  here- 
tofore insiduously  brought  in  under  one  pretext  or  other — to  gov- 
ern our  decisions,  we  shall  find  such  precedents  accumulating  upon 
us,  constitutional  barriers  will  he  broken  down,  and  we  shall  find 
ourselves  weaker  and  weaker  every  day,  and  less  able  to  lesist  the 
t'de  of  encroachment,  until  we  have  no  other  constitutional  guide 
save  that  which  is  prescribed  by  our  legislation. 

Mr.  CALHOUN. — The  question  in  this  case  is  a  very  simple 
one.  We  are  authorized  by  the  constitution  to  dispose  of  the  pub- 
lic lands.  Here  is  a  public  improvement,  projected  either  by  the 
Slate  or  by  individuals  in  the  State  through  which  it  will  pass  ; 
and  by  which  the  value  of  the  public  lands  will  be  enhanced.  If 
then,  it  will  add  to  the  value  of  our  lands,  ought  we  not  to  con- 
tribute to  it  ?  Would  we  not,  as  individuals,  thus  act  ?  This  is 
not  a  novel  principle.  It  has  been  acted  upon  for  mnie  than  twenty 
years.  The  case  of  the  canal  connecting  the  Illinois  river  with 
Lake  Michigan  is  a  striking  one.  There,  alternate  sections  were 
given  to  make  a  canal,  and  I  suppose  1  can  appeal  with  confidence 
to  the  Senators  from  that  State,  whether  the  lands  reserved  to  the 
United  States  were  not  disposed  of  afterwards  readilv  ? 

Mr.  BREESE,  (in  his  seat.) — Thousands  of  acres  were  dis- 
posed of  which  would  otherwise  never  have  been  sold. 

Mr.  CALHOUN.— I  have  seldom  given  a  vole  the  result  of 
which  gratified  me  more,  than  the  vote  which  I  gave  on  that  oc- 
casion. I  then  presided  in  that  chair  which  you  now  occupy, 
and  gave  the  easting  vole.  I  take  to  myself,  therefore,  some  share 
in  the  credit  of  that  magnificent  improvement.  Indeed,  I  do  not 
think  that  there  is  a  principle  more  perfectly  clear  from  doubt  than 
this  one  is.  It  does  not  belong  to  the  category  of  inlornal  improve- 
ments at  all.  It  is  not  a  power  claimed  by  the  government  as  a 
government.  It  belongs  to  the  government  as  a  landed  proprie- 
tor. And  I  will  add,  that  it  is  not  only  a  right  but  a  duty,  and  an 
important  duty.  Now,  what  has  been  considered  an  equitable  ar- 
rangement between  the  government  and  the  State  which  may  un- 
dertake an  improvement  passing  through  the  public  land;  ?  Long 
since  it  was  agreed  that  the  grant  of  ultimate  sections  was  a  fair 
contribution  on  the  part  of  the  United  States  considered  as  a  pro- 
prietor ;  and  from  which  the  United  States  would  be  a  very  great 


568 


GRANT  OF  LAND  TO  ILLINOIS. 


[Wednesday, 


gA\net.  It  appears  to  me  to  be  an  equitable  arrangement,  and  I 
doubt  whether,  in  any  case,  either  of  a  canal  or  a  railroad  passing 
through  the  public  lands,  the  United  States  will  not  be  a  j^ainer. 
To  that  extent  I  am  prepared  to  50,  bo  the  road  long  or  short  j  if 
it  be  long,  you  gain  the  more  ;  if  it  be  short,  you  gain  the  less  ; 
and  you  contribute  in  proportion  to  your  gain. 

But  while  I  approve  of  this  principle,  it  seems  to  me  upon  a 
hasty  examination  of  the  bill,  thsit  it  goes  beyond  the  principle  ; 
and  to  that  extent  I  cannot  approve  of  it.  for  I  put  my  views  in 
this  and  in  all  similar  cases  upon  principle,  and  not  upon  the  ground 
of  internal  improvement  at  all,  nor  the  power  of  the  government 
to  engage  in  such  works.  I  observe  that  the  bill  provides  that  the 
State  may  locate  the  lands  elsewhere  in  cases  where  lands  adja- 
cent to  the  line  of  the  proposed  road  have  been  heretofore  sold  or 
otherwise  disposed  of.  Now,  it  appears  to  me  that  that  is  going 
beyond  the  power  of  a  proprietor.  I  think  that  the  principle  had 
better  be  adhered  to  strictly.  I  do  not  think  six  miles  too  great  a 
breadth  ;  but  it  appears  to  me  to  be  ample — to  be  a  very  fair  con. 
tribution  on  the  part  of  the  United  States.  There  is  also  another 
difficulty  which  may  be  removed.  I  see  that  a  period  of  fifteen  ye.'irs 
ig  allowed  for  the  completion  of  the  road.  This  is  a  very  long  period; 
but  I  do  not  object  so  much  to  it  as  to  the  absence  of  any  restriction 
which  will  prohibit  the  State  of  Illin  lis  from  selling  it  out  in  the 
meantime.  It  is  true  the  bill  provides  that  if  the  road  be  not  finished 
in  fifteen  years,  the  State  shall  refund  the  amount.  Now.  I  object 
to  the  reestablishment  of  the  relation  uf  debtor  and  creditor,  be- 
tween the  general  government  and  the  Sta^e  ;  therefore,  there 
ought  to  be  a  provision,  that  the  sales  should  be  proportioned,  I 
do  not  say  exactly  proportioned — to  the  progress  of  the  work. 
That  can  be  easily  managed.  If  the  Senator  who  has  charge  of 
the  bill,  will  upon  due  reflection  accord  to  these  suggestions,  I 
shall  most  cheerfully  vote  for  the  bill,  otherwise,  I  shall  find  great 
difficulty  in  doing  so. 

Mr.  DOUGLAS. — I  hope  the  honorable  Senator  will  allow  the 
bill  to  pass,  as  it  stands.  We  do  not  propose  to  sell  the  lands  un- 
til the  work  be  completed,  when  of  course  their  value  will  be 
greatly  enhanced.  We  design  to  adopt  the  same  plan  which  was 
followed  in  the  construction  of  the  canal. 

Mr.  CALHOUN. — Of  course  I  do  not  wish  to  embarrass  the 
bill.  Let  me  suggest  to  the  honoralile  Senator  from  Illinois,  that 
if  confidence  be  created  in  the  successful  completion  of  the  work 
within  a  reasonable  time,  the  attention  of  capitalists  will  be  invi- 
ted, and  money  may  be  borrowed  on  the  lands. 

Mr.  DOUGLAS. — I  would  remind  the  honorable  Senator  that 
the  work  undertaken  by  Alabama,  failed  in  consequence  of  its  being 
loft  to  capitalists. 

Mr.  BREESE. — I  will  state  that  the  provisions  contained  in 
this  bill  are  precisely  the  same  as  those  of  the  bill  making  an  ap- 
propriation for  the  Illinois  canal.  The  only  security  we  have, 
that  the  work  will  be  done,  is  by  keeping  the  lands  in  our  posses- 
eion  until  it  is  completed. 

Mr.  BAGBY. — Before  the  exception  was  taken  by  the  Senator 
from  South  Carolina,  I  had  brought  it  to  the  notice  of  the  Senator 
from  Connecticut.  But  my  objections  lie  deeper.  I  understand 
the  Senators  from  Illinois  and  Michigan  to  j>nt  this  measure,  which 
is  clearly  one  of  internal  improvement,  upon  the  grounil  of  the  pro- 
prietorship of  the  public  domain  being  in  the  United  States.  Let 
us  see  how  far  this  doctrine  will  carry  us.  If  it  is  good  for  any- 
thing, it  is  good  for  everything.  Do  I  understand  the  Senator 
from  Michigan  correctly  ? 

Mr.  CASS. — I  will  answer  the  Senator.  The  general  govern- 
ment has  no  power  to  make  any  railroad  or  canal  through  any 
State  ;  but  the  disposal  of  a  portion  of  the  public  domain  to  raise 
the  value  of  the  rest  is  clearly  within  the  power  of  this  govern- 
ment. 

Mr.  BAGBY. — The  honorable  Senator  from  Michigan  is  still  more 
latitudinous  in  the  interpretation  of  the  oonstitutional  poweisof  Con- 
gress over  this  subject,  than  the  Senator  from  South  Carolina.  The 
Senator  indulged  in  strains  of  fervid  eloquence  upon  the  effects  of  this 
system  in  carrying  the  ■  ladsome  lights  of  civilization, education,  in- 
telligence, and  refinement  into  the  wilderness,  thereby  causing  it 
to  bud  and  blossom  as  the  rose.  Every  school  house,  every  church 
you  erect,  says  the  honorable  Senator,  is  directly  conducive  to  this 
great  end.  I  say  so,  too.  But  who  is  to  erect  them  ?  Has  Con- 
gress power  to  erect  school  houses  and  churches  in  the  Stales  ? 
The  answer  must  be,  no.  And  yet  they  have  the  same  power  to 
do  that,  that  they  have  to  build  railroads  ;  and  I  do  not  believe  the 
exercise  of  it  would  be  half  so  dangerous.  The  powers  claimed 
for  this  government  by  the  Senator  from  Miohiguii  are  appalling  to 
all  who  retain  even  a  faint  and  lingering  sense  of  the  importiinceof 
a  strict  construction  of  the  constitution  and  the  rights  ol  the  .States 
— they  are  unlimited  and  illimitable.  I  was  also  unable  to  discov- 
er the  force  of  the  analogy  which  the  Senator  from  Michigan  at- 
tempted to  draw  between  the  principle  involved  in  the  bill  now  be- 
fore the  Senate,  and  the  preemption  system.  The  great  object  of 
the  pre-e. option  is,  to  secure  to  the  settler  upon  the  public  land 
the  benefit  of  his  labor  upon  it,  and  a  home  for  his  family,  in  ex- 
clusion of  all  others,  at  a  dollar  and  a  tpiarter  an  acre.  This  is, 
in  my  opinion,  a  most  laudable  and  highly  commendable  policy, 
well  worthy  of  the  attention  and  most  favorable  consideration  of 
Congress — a  policy  which,  in  my  judgment,  ought  long  since  to 
have  been  carried  much  further.     But  the  etiect  of  this  bill  is,  in- 


stead of  securing  a  small  tract  of  land  to  settlers  at  a  dollar  and 
twenty-five  cents  an  acre,  to  compel  them  to  pay  two  dollars  and 
fifty  cents  an  acre  for  it. 

There  was  another  view  of  the  new  States  submitted  by  the  Se- 
nator from  Michigan  to  the  country,  of  which  I  cannot  at  all  sub- 
scribe. I  do  not  consider  it  necessary  to  engage  in  these  schemes 
of  unconstitutional  internal  improvement  in  order  to  induce  the  ac- 
tive and  enterprizing  people  of  iho  United  States  to  emigrate  to 
them.  They  are  not  mere  places  of  refuge,  vast  howling  wilder- 
nesses, where  it  is  necessary  for  the  government  to  carry  the  torch 
of  civilization  and  improvement  in  advance.  Not  at  all.  It  is  true, 
they  have  their  hardships  ami  privations,  difficultie^  and  dangers  ; 
but  they  present  glorious  fields  for  the  display  of  enterprize,  ener- 
gy, fortitude,  genius,  and  talent  ;  and  where  tliese  qualities  are 
certain  to  meet  with  an  adequate  reward,  of  which  the  Senator 
from  Michigan,  if  he  will  allow  me  to  say,  is  at  once  an  example  and 
illustration.  I,  sir,  emigrated  to  the  Slate  of  Alabama  at  as  early 
an  age,  though  without  having  conferred  upon  others  half  the  ben- 
efits, or  secured  for  myself  half  the  distinction  which  ho  enjovs, 
and  as  well  deserves,  as  did  the  Senator  of  Michigan.  But, 
sir,  I  have  never  repented,  never  regretted  it,  and  never  shall.  I 
look  back  through  the  lapse  of  years  that  are  passed,  to  the  scenes 
of  privation,  of  hopes  and  expectations  ana  excitement  in  the 
early  settlement  of  Alabama,  without  any  other  regret  than  that 
they  can  never  more  return.  The  new  States  and  territories  are 
the  appropriate  spheres  for  new  hands,  new  heads,  new  hearts;  and 
if  the  young  mui  of  the  rising  generation  would,  instead  of  lin- 
gering around  the  scenes  and  the  graves  of  their  ancestors,  dear  as 
they  are  to  their  reverence  and  to  their  affeolions,  to  the  associa- 
tions of  youth  and  the  recollections  of  childhood,  fly  to  the  uncul. 
tivatcd  wilds  of  the  new  States  and  territories,  carrying  with  them 
the  sound  principles  of  religion,  morality,  and  patriotism,  inculca- 
ted by  parental  counsel,  solicitude,  and  affection,  it  would  lend 
more  to  increase  the  true  glory,  and  secure  the  permanent  pros- 
perity of  this  country  than  all  the  railroads,  steam  engines,  and 
trading  machines,  which  the  enterprize  of  individuals  and  the  un- 
consiiiuti  inal  prodigality  of  the  government  combined,  will  be  able 
to  construct  or  invent  in  a  century  to  come. 

Mr.  CASS. — The  Senator  has  entirely  misunderstood  the  pur- 
port  of  my  remarks.  I  never  alluded  to  increasing  the  price  ol  the 
public  lands.  To  that  I  am  totally  opposed.  I  hope  the  price 
will  be  brought  down.  What  I  said  was  this  ;  Whatever  price 
you  fix,  the  land  is  peifectly  valueless  until  people  beg:n  to  go 
there.  Your  land  must  remain  unsold  until  improvements  are 
made. 

Mr.  BAGBY  — I  would  ask  if  the  object  of  granting  land  to 
construct  this  road  be  not  to  enhance  the  price  of  the  lands  ad- 
joining ? 

Mr.  CASS. — I  thought  I  answered  that  question  before. 
Without  ihe  atvantages  aflbrded  by  the  improved  state  of  com- 
munication, your  lands  will  not  be  entered,  settlers  will  not  go 
there. 

Mr.  BAGBY. — I  understand;  they  ask  for  this  amount  of  land 
to  make  the  road,  with  the  assurance  that  it  will  have  the  effect 
of  carrying  up  the  minimum  price  of  the  remaining  lands  to  two 
dollars  and  fifty  cents  ])er  acre. 

Mr.  CALHOUN. — If  the  eflTect  of  the  construction  of  the  road 
be  only  to  bring  the  lands  more  rCMdily  into  market  so  as  to  sell 
for  one  dollar  and  twenty-five  cents,  it  is,  in  point  of  fact,  an  in- 
crease of  value.  But,  I  believe  that  the  remaining  sections,  after 
alternate  sections  have  been  sold,  will  sell  more  readily  for  two 
dollars  and  fifty  cents  an  acre  than  for  one  dollar  and  tweniy- 
Iive  cents  at  present.  It  is  for  this  reason  that  I  am  in  favor  of 
the  measure.  And  yet  the  gentleman  can  sec  nothing  in  all  this 
but  impure  motives,  disguises  of  expression,  as  if  every  one  who 
diflfered  from  him  must  be  actuated  by  sinister  and  improper  views. 
Sir,  I  wish  to  do  justice  to  every  one.  No  doubt  the  gentleman  is 
infiuencid  by  honest  views;  and  he  has  no  right  to  doubt  the  hon- 
esty of  nuns.  We  ars  told  that  our  system  of  improvement  ap- 
plied to  inland  seas  is  going  to  absorb  all  the  means  of  the  general 
government.  This  is  a  subject  to  which  I  have  given  some  alien, 
lion,  and  I  lay  it  down  as  ray  deliberate  opinion  that  two  hundred 
thousand  dollars  annually  supplied  for  the  Mississippi  and  its  great 
navigable  branches  will  keep  them  in  the  most  complete  navigable 
order;  whilst  the  losses  which  occur  annually  in  the  present  con- 
dition of  these  rivers  cannot  be  less  than  two  millions  of  dollars. 
And  yet  gentleiucn  aae  willing  that  they  should  remain  in  thoir 
present  condition.  As  far  as  the  valley  of  the  Mississippi  is  con- 
cerned, I  will  say  that  that  portion  of  the  country  has  received  a 
smaller  portion  of  llie  public  money  than  any  other  section  of  the 
country.  It  will  require  a  larger  sum  annually  to  keep  up  the 
light-house  system  on  the  coast,  with  the  buoys  and  beacons,  than 
it  would  to  keep  the  Mississippi  and  its  branches  in  a  proper  nav- 
igable condition.  These  are  great  inland  seas.  I  hold  it  to  be 
perfectly  clear  that  Congress  has  a  right  under  the  constitution,  to 
dispose  of  the  public  lands  to  the  best  advantage.  And  I  shall 
cheerfully  give  my  vote  for  any  measure,  by  whic'li  ihey  may  bo  so 
disposed  01  as  that  the  greatest  pecuniary  benefit  will  accrue  to 
the  treasury. 

Mr.  FOOTE. — 1  will  stale  that  as  far  as  I  am  concerned,  my 
own  mind  was  perlcotly  satisfied  on  this  subject  last  winter,  by 
the  argunienis  of  the  Senator  from  South  Carolina,  and  others.  I 
have  thought  ever  since  that  period,  as  I  did  before,  that  there  were 


May  3.j 


GRANT  OF  LAND  TO  ILLINOIS. 


569 


certain  questions  on  which  the  brethren  of  the  democratic  party, 
so  to  speak,  might  well  difTer.  I  did  not  believe  then — and  up  to  this 
period  I  could  not  expect  it;  that  any  raembor  ol'the  democratic  par- 
ty would  feel  himself  authorized  to  use  to  other  members  the  strong 
language  which  the  Senator  from  Alabama  has  used.  More  especi- 
ally as  it  mifiht  be  deleterious  to  the  interests  of  the  State  which  he 
represents,  in  reference  to  measures  of  public  improvement.  What 
does  he  say  ?  He  quotes  from  Milton,  comparing  himself  with 
the  angel,  the  only  faithful  among  the  faithless.  The  Senator 
from  Alabama  is  to  be  recognized  as  the  Abdiel,  the  only  faithful 
among  the  faithless,  and  we  are  the  devils  to  be  thrust  forth  over 
the  battlements  of  the  Senate  !  This  language  is  rather  strong. 
We  have  investigated  the  question  as  well  as  the  Senator  from 
Alabama,  with  the  best  lights  that  we  could  obtain.  We  have 
examined  it,  and  having,  consentaneously  made  up  our  minds. 
It  does  seoni  to  mo,  he  might  have  acknowledged  that  we 
were  not  quite  so  bad  as  the  devils,  and  that  he  was  somewha  in- 
ferior to  the  angel  to  whom  he  modestly  compared  himself.  He 
has  thought  proper  to  allude  to  certain  members  of  this  body  as 
aspirants  for  the  Presidency,  and  I  certainly  think  his  allusions 
were  most  unkind.  ■  Let,  me,  for  a  moment,  show  the  Senator  that 
if  there  is  any  virtue  in  the  old  adage,  "  that  it  is  a  bad  rule  that 
will  not  work  Itoth  ways,"  he  is  in  an  unfortunate  condition  ;  for  if 
all  of  us  concur  with  the  Senators  from  Miclfiganand  South  Caro- 
lina, Illinois,  and  with  others  who  ha\e  spoke  in  reference  to  the 
constitutionality  of  the  measure — if  it  is  true  tliat  there  are  aspi- 
rants for  high  political  distinction,  it  follows  that  the  Senator  from 
Alabama,  tho  only  faithful  among  the  faithless,  is  alone  in  such  an 
attitude  before  the  country,  that  he  is  forbidden,  henceforward  and 
forever,  to  ohorish  the  idea  of  advancement.  I  regret  much  to 
hear  it;  for  he  is  one  of  those  gentlemen,  whose  abilities  and  the 
soundness  of  whose  principles.  I  have  long  admired,  and  I  shall 
have  much  pleasure  in  assigning  him  a  higher  political  station 
than  the  one  he  now  occupies. 

Mr.  BAGBY. — I  am  not  conscious,  after  all  that  has  been  said, 
of  having  impugned  the  motives  of  any  man.  Indeed,  I  think  those 
who  have  taken  the  trouble  to  attend  to  my  course,  during  the  se- 
ven years  I  have  had  the  honor  of  a  seat  in  this  body,  will  do  me 
the  justice  to  say,  that  I  have  never  been  so  forgetful  of  myself, 
or  unmindful  of  the  respect  due  to  others,  as  to  violate  any  order 
of  the  Senate,  or  any  rule  of  decorous  debate.  And  yet,  the  Sen- 
ator from  South  Carolina,  [Mr.  Calhoun,]  rises  with  imposing 
gravity,  and  charges  me  with  having  assailed  his  motives;  and  the 
Senator  from  Mississippi,  with  his  accustomed  chivalry,  and  who 
always  has  a  speech  on  hand  to  relieve  a  friend,  charges  me  before 
the  Senate,  with  having  been  guilty  of  unkindness  anil  discourtesy 
towards  the  Senator  from  South  Carolina,  and  the  Senator  from 
Michigan,  and  of  having  arraigned  the  whole  list  of  Presidential 
candidates.  Under  what  rule  the  Senators  from  South  Carolina 
and  Michigan  appear  by  attorney,  in  the  person  of  the  Senator  from 
Mississippi,  it  is  not  my  province  to  inquire.  That  is  a  question 
to  which  I  am  not  a  party.  To  be  convinced,  Mr.  President,  that 
in  any  thuig  or  in  any  way,  I  had  manifested  a  want  of  kindness, 
would  indeed  give  me  real  pain.  To  that  charge  of  the  Senator 
from  Mississippi,  made  in  behalf  of  the  Senators  from  Michigan 
and  South  Carolina,  who,  all  things  considered,  ought  to  be  con- 
sidered as  able  to  take  care  of  themselves,  I  must  plead  not  guiltv. 
With  respect  to  the  other  count,  a  want  of  courtesy,  I  assert  en- 
tire innoceney,  so  far  as  intention  is  involved.  And  although 
■  ieeply  impressed  with  a  sense  of  my  imperfections,  as  far  as  polisii- 
ed  manner  and  high  parliamentary  decorum  are  concerned,  and 
even  somewhat  impressed  with  the  necessity  of  improvement  and 
instruction  upon  that  sulijeot,  I  must  fall  much  lower  than  I  stand 
in  my  own  estimation,  in  these  particulars,  and  judging  of  the 
capacity  he  has  heretofore  exhibited  in  this  respect  in  this  body, 
before  I  can  be  induced  to  avail  myself  of  the  services  of  the  Sena- 
tor from  Mississippi  as  an  instructor.  I  am  almost  as  clear  and 
decided  in  this,  as  I  am  in  regard  to  the  constitutional  principle 
involved  in  this  bill.  And  it  will  require  stronger  symptoms  of 
improvement  in  capacity  to  become  my  preceptor,  than  I  have 
yet  witnessed  in  the  Senator  from  Mississippi,  to  induce  me  to 
change  i).  The  Senator  says  that  so  far  from  a  disposition  to  do 
me  injustice,  be  had  even  thought  of  me  for  higher  distinctions  than 
those  I  now  enjoy.  This,  sir,  may  be  evidence  of  the  Ssnator's 
partiality  for  me,  and  certainly  is  of  the  activity  of  his  intellect,  or 
of  his  imagination;  for  I  assure  him  in  all  sincerity,  that  be  has 
indulged  thoughts  of  my  promotion  and  advancement,  that  never 
entered  into  ray  head.  And  whilst  I  thank  him,jis  I  do,  most  sin- 
cerely, I  trust  he  will  pardon  me  for  saying  that  I  think  he  has  on 
hand  already  nearly  as  much  weight  as  he  can  conveniently  carry, 
without  burdening  or  encumbering  himself  with  any  concern  about 
me,  or  niy  promotion.  When  I  spoke  of  Presidential  candidates, 
and  their  peculiar  aptness  and  readiness  at  felicitous  interpreta- 
tions of  the  constitution,  I  was  replying  to  my  friend  from  Ken- 
tucky, who  was  in  my  eye,  and  who,  with  his  accustomed  modesty 
did  not  think  it  worthy  of  a  passing  reply,  and  near  enongn  to  have 
been  m  my  hand,  and  had  no  idea  or  expectation  of  bringinfdown 
upon  raysell,  the  grave  rebuke  of  the  Senalor  from  Sonth  Cai-olina, 
or  the  spirited,  and  as  I  think,  gratuitous  attack  of  the  Senator 
from  Mississippi. 

Mr.  CALHOUN.-Tho  Senator  will  permit  me  to  say  that  1 
did  not  make  the  remark  in  any  such  connection. 

Mr.   BAGBY.— The  connection  existed,  however,  in  my  re- 
30th  Cong. — 1st  Session — No.  72. 


marks  to  which  the  Senator  referred,  and  it  is  inseparable  as  sin 
and  death.  Without  intending  to  arraign  or  impugn  the  motives 
of  any  one,  I  was  glancing  rapidly,  and  with  serious  apprehension, 
I  admit,  at  this  system  of  indirect  internal  improvement  by  the 
general  government  in  all  its  bearings  and  ramifications  in  differ- 
ent sections  of  the  Union,  and  contemplating  the  fearful  extent  to 
which  it  would  probably  be  carried.  And  "having  got  to  the  end 
of  the  Illinois  railroad,  my  mind  not  being  altogether  as  well  dis- 
ciplined as  that  of  the  Senator  from  South  Carolina,  I  did  venture 
a  short  aquatic  excursion  in  order  to  test  the  correctness  of  the 
three  State's  principle.  But  if  I  cannot  express  my  views  in  re- 
gard to  the  constitutionality  of  measures  without  being  charged 
with  arraigning  the  motives  of  Senators,  I  shall,  indeed,  consider 
myself  most  unfortunate .  I  participated  in  the  views  so  eloquently 
expressed  by  the  Senator  from  Missouri,  who  always  takes  an  en- 
larged and  comprehensive  view,  when  he  represented  the  United 
States  as  an  Island  under  the  influence  of  this  great  system  of  inter- 
nal improvement.  No  one,  I  trust,  rejoices  more  sincerely  than  I 
do,  at  the  growth  and  ])rosperity  of  the  country.  I  must,  in  jus- 
tice to  myself,  however,  as  well  as  to  others,  and  above  all  to 
what  I  consider  the  true  construction  of  the  federal  constitution 
deny  myself  any  merit  in  tho  construction  of  railroads,  cutting 
canals  and  prodigal  expenditures  to  improve  inland  seas. 


Mr.  FOOTE. 
remark  ? 


-Will  tha  Senator   allow  me  to  make  a  single 


Mr.  BAGBY.— Certainly. 

Mr.  FOOTE.— I  believe  it  will  tend  to  adjust  the  difficulty. 
The  subject  of  discussion  being  the  inland  seas,  the  Senator  from 
Missouri  claims  tho  authorship  of  the  project  of  their  improve- 
ment, reaching  as  far  back  as  twentv-five  years  ago.  I  presume, 
therefore,  ho  must  be  the  Senator  to  whom  the  remarks  ol  the  Sen- 
ator from  Alabama  were  applicable. 

Mr.  BAGBY. — Here  again  it  is  my  misfortune  to  dilTer  with 
the  Senator  from  Mississippi.  Unlike  that  Senator,  my  views  in 
regard  to  the  improvement  of  these  inland  seas  do  not  depend 
upon  circumstances.  They  depend  upon  my  own  views  in  relation 
to  the  constitutional  power  of  Congress  over  the  subject,  and 
M'hether  the  idea  of  inland  seas  originated  with  my  friend  from 
Missouri,  or  the  Senator  from  South  Carolina,  is  wholly  immate- 
rial to  the  question  at  issue.  I  would  as  soon  take  the  doctrine  of 
the  Senator  from  South  Carolina,  in  relation  to  this  subject,  with 
all  its  imperlections  on  its  head,  as  that  of  the  Senator  from  Mis- 
souri, who  has  never  took  me  to  task  for  an  honest  difference  of 
opinion  with  him.  With  all  ray  respect  for  hira — and  no  one  can 
have  more  than  I — I  have  on  various  questions  ventured  to  differ 
Irom  him  frankly,  boldly,  openly,  without  being  charged  with  dis- 
courtesy, and  without  incurring  the  danger  of  a  breach  of  that 
friendship  which  it  is  among  my  highest  pleasures  to  enjoy.  I 
know  the  magnanimity  of  the  Senator  from  Missouri  too  well  for 
that.  The  Senator  from  Mississippi  was  mistaken  in  another  res- 
pect. I  did  not  say  that  I  alone  was  faithful  among  the  faithless. 
And  if  my  future  elevation,  or  promotion,  or  advancement,  m  the 
estimation  of  the  Senator  depends  upon  that,  I  shall  at  least  stand 
in  statu  quo.  I  said  distinctly  that  there  were  some  few  of  us — 
and  I  am  sorry  to  know  and  to  feel  that  there  are  not  more — who, 
with  perfect  respect  for  the  opinions  of  others,  considered  our- 
selves as  somewhat  faithful  among  the  faithless;  and  I  should,  in. 
deed,  have  been  unkind,  if  not  discourteous,  to  the  Senator  from 
Connecticut,  (as  well  as  others,)  who  has  uniformlv  resisted  with 
great  ability  the  principle  which  he  and  I  believed  to  be  involved 
in  this  bill,  and  whose  voice  I  trust,  will  long  be  heard  in  this 
chamber  in  opposition  to  it. 

Mr.  FOOTE. — I  understood  him  as  quoting  the  language  of 
Milton  precisely,  that  is,  in  the  singular  number. 

Mr.  BAGBY. — Here  again  the  Senator  from  Mississippi  misun- 
derstood me,  as  he  will  always  misunderstand  me  when  he  sup- 
poses I  quote  poetry  in  the  discussion  of  constitutional  questions 
I  never  quote  poetry  to  aid  my  interpretation  of  the  constitution— 
never  !  Upon  all  such  occasions,  I  leave  that  delightful  region  to 
the  full  and  uninterrupted  possession  of  the  Senntor  from  Missis- 
sippi, than  whom  no  one  could  fill  it  better. 

Mr.  FOOTE.— If  the  Senator  from  Alabama  stands  in  need  of 
no  teaching,  he  stands  in  need  of  no  modesty.  I  merely  su""ested 
and  did  it  kindly,  that  the  Senator  was  guilty  of  some  degree  of 
discourtesy.  But  the  Senator  has  thought  proper  to  resent  my  re- 
marks, which  were  intended  iu  all  courtesy  and  kindness.  One 
other  observation.  The  Senator  says  he  did  not  intend  to  single 
out  himself.  He  intended  to  include  the  Senator  from  Connecti- 
cut. He  intended  to  have  two  angels.  He  quotes  the  lansuaTe 
of  poetry,  but  wishes  to  be  understood  as  not  quoting  it  muc'L. 
When  he  quotes,  I  hope  ho  will  quote  truly,  or  he  will  do  injus- 
tice to  one  of  the  most  classic  writers  that  England  ever  produced. 
And  I  will  take  occasion  to  say,  that  whether  he  meant  to  stand 
alone,  or  to  be  associated  with  the  Senator  from  Connecticut,  it 
only  suggests  this,  that  he  either  stands  alone  in  separating  from 
his  party,  or  he  stands  in  a  woful  minority. 

Mr.  CALHOUN.— The  Senator  from  Alabama,  when  speak- 
ing of  the  enhanced  price  of  land,  certainly  alluded,  though  with- 


570 


uRANT  OF  LAND  TO  ILLINOIS, 


[Wednesday, 


out  intending  any  direct  application  probably,  to  disguised  mo. 
lives. 

Mr.  BAGBY. — I  used  this  exprfission,  "  disguise  the  question 
as  you  may."    This  is  all  I  intended  by  the  expression  I  used. 

The  question  being  upon  ordering  the  bill  to  be  engrossed  and 
read  a  third  time,  the  yeas  and  nays  were  ordered,  and  it  was  de- 
termined in  the  affirmative,  as  follows  : 

YEAS — Messrs.  Allen.  Atchison,  Badger.  Bell.  Benton.  Borland.  Breese, Bright, 
Cass,  Clarke.  Clayton,  Crittenden.  Davi*.  of  .Missi-sippi.  Douglas,  Felch,  Foote, 
Greene,  Hannegan.  Honston,  Johnson,  of  Louisiana,  Mangnm,  Spiuance,  Under- 
wood, and  VVeslcott — 24. 


NAYS — Messrs.  Athenon,  Bagby.  Butler,  Calhoun,  Kale,  Johnson,  of  Georgia, 
Lewis,  Nilea,  Sturgeon,  Tnrney,  and  Yulee — 11. 

So  it  was 

Ordered,  That   the   bill,  as  amended,  be  engrossed  and  read  a 
third  time. 

The  said  bdl  was  read  a  third  time,  by  unanimous  consent. 

liesotpcd,  That  this  bill  pats,  and  that  the  title  thereof  lie  as  aforesaid. 

Ordered,  That   the  Secretary   request    the  concurrence  of   the 
House  of  Representatives  in  this  bill. 

On  motion, 

The  Senate  adjourned. 


May  4.] 


I'ETITIONS— RESOLUTIONS,  ETC. 


571 


THURSDAY,  MAY  4,  1848. 


PETITIONS. 

• 

Mr.  CLAYTON  presented  two  memorials  from  citizens  of  Phi- 
ladelpliia,  Penns5'lvania,  praying  tliat  Congress  may  authorize  tlie 
construction  of  a  railroad  between  that  city  and  New  York  to  fa- 
cilitate commercial  intercourse,  and  the  transportation  of  the  mail 
beiween  those  cities  ;  which  were  referred  to  the  Committee  on 
the  Post  Office  and  Post  Roads. 

Mr.  CLAYTON  remarked  that  the  memorialists  alluded  to  the 
fact  that  the  statements  made  in  their  memorials  had  heen  contra- 
dicted on  the  floor  of  the  Senate,  and  expressed  their  willinsness 
to  bo  examined  touching  the  same  before  any  Committee  of  the 
Senate. 

Mr.  HALE  presented  a  petition  of  citizens  of  Boston,  Massa- 
chusetts, praying  that  the  privilege  of  the  writ  of  habeas  corpus 
may  be  extended  to  every  inhabitant  of  the  United  States,  and 
thit  it  be  made  a  penal  oficnee  to  hold  in  restraint,  or  to  inflict 
punishment  on  any  such  inhabitant  without  due  process  of  law  ; 
the  motion  to  receive  which  was  laid  upon  the  table. 

Mr.  BENTON  presented  four  petitions  of  settlers  on,  and  claim- 
ants to,  the  reservation  of  land  in  the  county  of  Lee,  in  Iowa, 
praying  tlie  enactment  of  a  law  to  quiet  their  titles  ;  which  were 
referred  to  the  Committee  on  Private  Land  Claims. 

Mr.  JOHNSON,  of  Louisiana,  presented  resolutions  passed  by 
the  Legislature  of  that  State,  in  favor  of  the  establishment  of  mail 
routes  from  Natchitoches  to  Shreveport  ;  from  Natchitoches  to 
Vernon  ;  from  Minden  to  Shreveport  ;  from  Vernon  to  Simpson's 
store  ;  and  from  Harrisburg  to  Athens,  in  that  State  ;  which  were 
referred  to  the  Committee  on  the  Post  Odioe  and   Post  Roads. 

Mr.  YULEE  presented  a  communication  from  citizens  of  Flor- 
ida, addressed  to  the  Senators  and  Representatives  of  that  State 
in  Congress,  requesting  them  to  use  their  eflbrts  to  procure  the  es- 
tablishment of  a  mail,  by  steamboat,  from  Charleston,  South  Car- 
lina,  to  Key  West,  and  an  appropriation  for  a  light-bouse  and 
buoys  at  Musquito  Inlet  in  that  State  ;  which  was  referred  to  the 
Committee  on  the  Post  Office  and  Post  Roads. 

Mr.  LEWIS  presented  the  petition  of  Henry  W.  Paine,  pray- 
ing that  Congress  will  authorize  the  constiuction  of  one  or  more 
steamships,  under  his  superindence,  according  to  an  improved  plan 
of  which  he  is  the  inventor  ;  which  was  referred  to  the  Commitiee 
on  Naval  Aflairs. 

Mr.  WESTCOTT  presented  a  presentment  of  the  grand  jury 
of  the  counties  of  Orange  and  St.  Lucie,  in  Florida,  in  favor  of 
granting  additional  mail  facilities  to  the  inhabitants  of  those  coun- 
Jies  ;  which  was  referred  to  the  Committee  on  the  Post  Office  and 
Post  Roads. 

DIPLOMATIC    SERVICES    OF    COMMODORE    BIDDLE. 

Mr.  STURGEON  submitted  the  following  resolution,  which  was 
considered  liy  unanimous  consent,  and  agreed  to; 

Resolved,  That  lite  Commitiee  on  Foreign  Relations  be  intlnictcd  lo  inquire  into 
the  expefiiency  of  granting  compeDsation  lo  Commodore  James  Bidille  Jbr  the  diplo- 
matic aervicea  wliicli  lie  has  rendered  as  acting  Commissioner  to  China. 

POST    ROUTES    IN    LOUISIANA. 

Mr.  JOHNSON,  of  Louisiana,  submitted  the  following  resolu- 
tion, which  was  oonsidered  by  unanimous  consent,  and  agreed  to-: 

ResolMd,  Thas  the  Committee  on  tlie  Post  Office  and  Post  Roads  be  instrneted  to 
inquire  into  the  exficdienoy  of  establishing  in  the  State  of  Louisiana,  the  following 
mail  rontoi.  to  wit  :  A  mail  ronlefrom  Natchitoches  lo  Slire^eport,  along  the  bank  of 
Red  river;  a  nmi!  route  from  Natebiloelies  lo  Vernon,  the  county  seat  of  tlie  parish 
of  Jackson,  passing  by  Harper's  and  nr;.l;e's  store  in  the  jiarish  of  Natchitoches, 
thence  by  tlie  most  convenient  route  to  Vernon;  across  route  from  Minrlen,  by  llie 
way  of  Bo^sier  Point  atiil  Bcllevieu,  to  Shreveport,  and  lo  be  extended  to  Vernon,  so 
fta  to  pass  through  the  [ndiiin  village,  and  to  Simpson's  store  on  the  Claiborne  road  in 
Ouachita  parish;  a  mail  route  from  Harrisonburg  in  the  parish  of  Cliatahoula.  passing 
dircLily  Ibiough  what  is  genenlly  known  as  the  Fuiiebreand  Rizor  settlements  in  said 
parish,  thence  on  the  nio»t  public  route  to  the  town  of  Vernon  in  the  parish  of  Jack- 
son, thence  on  the  most  direct  route  to  Dugdemona  in  the  said  parish,  thence  to  the 
town  of  Athens  in  the  parish  of  Claiborne. 

CORRESPONDENCE  WITH  THE  REPRESENTATIVE    OF  YUCATAN. 

Mr.  CALHOUN  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to  ; 

Reaolted,  ■That  the  President  of  the  United  Stales  ba  requested  lo  communicate  to 
ttie  Benau  all  the  corietpoiijence  beiween  ihe  Secretary  of  State  and  Don  Juito 
Sierra,  the  representative  ol  the  Eovernmeut  of  Yucatan,  if  not  inconiiltenl  with  the 
pubUo  intereil. 

MESSAGE- FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Reprs- 
sentatives,  by  Mr.  Campbell,  their  Clerk  : 

JSrfheei'rX^  S'l"  ''r.^ii'"'* ''  ""  ^"i'"^  ^"""  ^PP'o^'^^  and  signed,  the  3d  in 


PUBLIC  ARCHIVES  OF  FLORIDA. 

Agreeably  to  notice,  Mr.  WESTCOTT  asked  and  obtained 
leave  to  bring  in  a  bill  respecting  the  public  archives  in  Florida  ; 
which  was  read  the  first  and  second  times  by  unanimous  consent, 
and  referred  to  the  Committee  on  the  Judiciary. 

PRIVATE    BILLS. 

Mr.  BADGER,  from  the  Committee  on  Naval  AlTairs,  to  whom 
was  referred  the  memorial  of  F.  Montmolin,  praying  an  amend- 
ment to  the  bill  from  the  House  of  Representatives  for  the  relief 
of  David  Myerle,  submitted  a  verbal  report  asking  that  the  Com- 
mittee be  disehnrged  from  the  further  consideration  of  the  memo- 
rial, and  recommending  the  passage  of  the  bill  without  amend- 
ment. 

The  report  was  concurred  in,  and  the  commitleo  discharged  ac- 
cordingly. 

Mr.  PHELPS,  from  the  Committee  on  Pensions,  to  whom  was 
referred  the  memorial  of  Elizabeth  Monroe,  reported  a  bill  grant- 
ing a  pension  to  Elizabeth  Monroe  ;  which  was  read  and  passed  to 
■  the  second  reading. 

WABASH  AND  ERIE  CANAL. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  frnm  the  House  of  Representatives,  entitled 
''An  act  in  addition  to  an  act  therein  mentioned,"  reported  it  with- 
out amendment ;  and  asked  the  unanimous  consent  of  the  Senate 
to  its  immediate  consideration. 

No  objection  being  made,  the  Senate  proceeded  to  consider  said 
bill,  as  in  Committee  of  the  whole,  and  no  amendmer.t  being  made 
it  was  reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  tliird  reading. 

Mr.  BAGBY  objected  to  the  third  reading  of  the  bill  at  this 
time,  but  subsequently  withdrew  his  objection,  and 

The  said  bill  was  read  a  third  time. 
Resolved,  That  this  bill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

RETIRING  LIST  FOR    THE  ARMY. 

On  motion  by  Mr.  DAVIS,  of  Missississippi,  the  prior  orders 
were  postponed  and  the  bill  to  increase  the  efficiency  of  the  army, 
by  a  retired  list  for  disabled  officers,  was  read  the  second  time  anJ 
considered  as  in  Committee  of  the  Whole. 

Mr.  CLAYTON  remarked  that  this  was  a  very  important  bill, 
and  he  hoped  the  vote  would  not  be  pressed  upon  it  at  this  late 
hour,  without  time  for  an  examination  of  the  subject. 

On  motion  by  Mr.  DAVIS,  of  Mississippi,  it  was 

Ordered,  That  the  further  consideration  of  the  bill  be  postponed 
to,  and  made  the  order  of  the  day,  for  Monday  next. 

NOTICES  OF  BILLS. 

Mr.  ALLEN  gave  notice  that  on  to-morrow,  or  some  early  day 
thereafter,  he  will  ask  leave  to  introduce  a  bill,  further  to  extent 
the  time  for  locating  Virginia  Military  Lands  Warrants,  etc. 

Mr.  ATCHISON  gave  notice  that  on  to-morrow,  or  some  early 

day  thereafter,  he  will  ask  leave  to  introduce  a  bill  to  grant  to  the 
State  of  Missouri  the  right  of  way,  and  a  donation  of  public  laud 
for  the  purpose  of  making  a  railroad  in  that  State. 

TEMPORARY   OCCUPATION   OF   YUCATAN. 

Mr.  HANNEGAN,  from  the  Committee  on  Foreign  Relations, 
to  whom  was  referred  the  message  of  the  President  of  the  United 
States  on  the  subject,  reported  a  bill  to  enable  the  President  of  the 
United  States  to  take  temporary  military  occupation  of  Yucatan, 
which  was  read  and  passed  to  the  second  reading. 

Mr.  HANNEGAN  asked  the  unanimous  consent  of  the  Senate 
to  the  second  reading  of  the  bill  at  this  time,  not  with  a  view  to 
immediate  action,  bnt  that  it  might  be  made  the  special  order  for 
to-morrow,  at  one  o'clock. 

No  objection  being  made  the  bill  was  read  the  second  time,  and 
is  as  follows  : 

An  Act  to  enable  tne  President  of  the  United  States  to  lake  tempOTary  military  occu- 
pation of  Yucatan. 
Sec.  1.  Be  it  enacted,  <Sc,,  That  the  President  of  the  United  Stales  be  and  he  is 
hereby  authorized  to  rake  temporary  military  occupation  o\  Yucatan,  and  lo  employ 
the  army  and  navy  of  the  United  ^trtes  lo 'assist  the  people  of  Yucatan  in  repelling 
Ibt  ioeoisiiuic  uf  the  Isdian  savages  iiaiv  ov«niuuuog  *aX  dtvastsimg  thttcsuati;. 


572 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


IThu 


RSDAY 


Sec.  2.  And  be  it  further  eiinrled,  Tliat  tliePresideiil  lie  and  lie  is  hereby  autlio 
rized  and  empowered  to  furriisli,  on  such  terms  and  ronilitions  as  he  mnv  deem  proper, 
to  tiie  white  population  of  Yucatan,  sucti  arras,  annnnnition,  ordnance,  and  other 
riiihlary  means  as  they  may  need,  to  enable  them  to  resist  and  repe)  tlie  Indian  hostil 
tries  now  wa;;ed  against  them,  and  to  restore  peace  and  security  to  tlieir  country. 

Sec,  3.  jlinllir  it  further  enacted.  That  the  President  be  and  lie  is  hereby  antlio- 
nzed  and  empowered  to  accept  the  services  of  an  e<]ual  number  of  volunteer  troojjsto 
supply  tlie  place  of  such  as  maybe  withdrawn  from  their  present  dutv  by  \iitueor 
this  act,  provided  their  services  shall  he  required:  the  same  to  he  raised  for  ser\  ice  clu 
Ting  the  war  with  Mexico,  agreeablv  to  the  provisions  of  the  acts  of  May  13,1810, 
and  March  3, 1847. 

Mr.  HANNEGAN.— I  move  that  this  subject  bo  made  the  .spe- 
cial order  for  one  o'clock  to-morrow. 

Mr.  BADGER.— I  hope  not.     It  is  too  soon. 

The  question  was  put,  and  decided  in  the  affirraative. 

Mr.  BADGER  asked  for  the  yeas  and  nays. 

_Mr.  CALHOUN. — I  am  in  favor  of  dcferrins  ihc  consideration 
of  the  subject  for  a  few  days.     The  bill  was  only  laid  upon  the  la. 


ble  yesterday. 

Mr.  BADGER— (in  his  seat.)— Today— it  has  just  been  re- 
ported. 

Mr.  CALHOUN. — It  seems  to  me  there   is  a  necessity  for  ad- 
ditional information.     I  hope  the. Senator  will   name  another  day. 

Mr.  BADGER— (in  his  seat.)— Let  it  be  Monday  next. 

Mr.  HANNEGAN. — I  have  no  disposition  to  press  unnecessa- 
rily this  or  any  other  measure.  But,  sir,  this  is  an  exlraoidinaiy 
exigency,  such  as  has  never,  jierhaps,  before  presented  itself.  If 
we  act  at  all — if  wo  be  sincere  in  our  profession  of  sympathy  for 
those  people — we  must  act  at  once.  An  hour  may  be  of  inlinite 
value  to  them.  A  day  may  involve  their  existence — the  existence 
of  every  living  being  with  white  blood  in  its  veins  within  the  ter. 
ritory  of  Yucatan.  For  this  reason  alone,  and  because  every  Sen- 
ator  is  as  fully  in  possession  of  the  facts  now  as  he  could  be  next 
week,  I  am  anxious  that  the  consideration  of  this  measure  should 
be  entered  upon  at  once.  The  message  discloses  all  the  facts  ne- 
cessary to  our  action.  The  correspondence  has  been  before  us 
with  the  message  for  several  days.  Every  Senator  has  had  a  full 
opportunity  to  judge  of  the  merits  of  the  whole  question.  These 
are  the  considerations,  sir,  which  influence  me  in  moving  so  early 
a  day. 

Mr.  CALHOUN.— It  may  be,  and  I  presume  it  is  the  case, 
(hat  this  is  a  great  exigency.  But  I  do  hope  that  this  Senate  is 
not  to  be  forced  on  every  occasion  to  act  upon  an  emergency. 
From  looking  over  the  correspondence  very  hastily,  I  perceive  that 
even  before  the  7th  of  March  last,  the  administration  was  fully  ap- 
prized of  the  state  of  affairs  in  Yucatan.  They  have  taken  iheir 
lime  to  deliberate,  and  surely  a  few  days  may  be  allowed  to  the 
Senate.  I  have  no  disposition  to  occasion  any  unnecessary  delay 
whatever.  I  am  willing  that  Monday  next  .should  be  the  day  fixed 
for  the  consideration  of  the  subject. 

Mr.  HANNEGAN.— I  may  state  that  I  have  seen  letlers  from 
some  of  our  naval  officers  in  that  vicinity — describing  the  present 
dreadful  state  of  affairs.  Lieut.  Murray  Mason  states  the  fact 
that  the  beach  is  darkened  with  women"  and  children  naked  and 
perishing  from  hunger.  They  have  not  sufficient  means  to  feed 
them.  Commodore  Perry's  letter  is  almost  as  stron"'.  Mr.  Ma- 
.son  is  stationed  there.  Our  naval  force  has  not  the  means  of  af- 
fording food  and  shelter  to  the  numbers  that  are  lloekin"'  to  the 
coast.  Every  hour  they  are  expecting  the  assault  of  the  merci- 
less savages  who  according  to  their  well  known  rules  of  warfare, 
butcher  without  regard  to  age  or  sex. 

Mr.  CASS. — It  appears  to  me  that  this  is  one  of  these  things 
which  to  be  well  done,  should  be  done  speedily.  The  appeal 
which  is  made  to  us  is  very  strong.  Providence  has  placed  us  in 
some  measure  at  the  head  of  the  republics  of  this  continent,  and 
there  never  has  been  a  better  opportunity  offered  to  any  nation  to 
fulfil  the  high  duty  confided  to  it  than  the  present  affords  to  us.  I 
see  no  reason  for  delay.  1  believe  the  feeling  of  the  country  is  al- 
together in  favor  of  the  adoption  of  the  measures  which  have  been 
recommended.  I  do  not  believe  that  there  is  a  Senator  present — I 
will  not  say  who  has  not  entirely  made  up  his  mind — but  is  strongly 
inclined  to  vote  either  for  or  against  the  lucasure,  and  to  whom  any 
farther  information  would  not  be  at  all  necessary.  If  we  have  any 
disposition  to  aid  these  people,  it  should  be,  as  my  honorable  friend 
from  Indiana  has  stiid,  manifest  at  once  by  decisive  action.  It  is  a 
case  of  crying  necessity.  I  think  the  last  accounts  left  the  Indians 
besieging  the  capitol  of  the  country.  It  is  a  war  ol  extermination. 
It  is  precisely  one  of  these  wars  in  which  a  nation  ought  to  cnifa^e 
on  the  side  of  humanity. 

Mr.  HALE. — I  would  enquire  of  the  chair,  whether  any  an- 
swer has  been  received  to  the  resolution  of  enquiry  submitted  by 
the  honorable  Senator  Irom  Alabama,  passed  some  four  weeks 
since,  calling  for  the  propositions  submitted  by  various  States  of 
the  Mexican  Republic  '. 

The  PRESIDING  OFFICER.— The  chair  is  under  the  impres- 
sion, that  an  answer  has  not  been  received. 

Mr.  HALE. — I  submitted  an  amendment  to  that  resolution 
which  was  accepted  by  the  mover  of  it. 

Mr.  HANNEGAN. — Yucatan  was  not  amongst  the  States  to 
•which  the  resolution  referred.  , 


Mr.  HALE. — I  desired  to  include  Yucatan,  and  for  that  pur' 
ptjsc  offered  my  amendment,  which  I  have  remarked  was  accepted 
!iy  the  honorable  gentleman  from  Alabama.  I  should  be  very 
happy  to  be  in  possession  of  the  information  for  which  a  call  was 
then  made. 

Mr.  FOOTE. — I  must  confess  that  I  feel  greatly  surprised  at 
the  attempt  made  on  the  present  occasion  to  procrastinate  oui- 
action. 

Mr.  CALHOUN. — Does  the  Senator  mean  to  charge  me  with 
a  design  to  delay  the  action  of  the  body? 

Mr.  FOOTE. — I  know  precisely    what  I    intend    to   state.     I 
understand  that  the  Senate  at  the  present  time — so  far  as  the  fact 
can  bo  ascertained  upon  a  sujierflcial  examination  of  the  body,  and 
from  the  indications  ail  around — is  divided  into  two   classes  ,  one 
(if  which  is  for  immediate    action,   that   speedy  action    which  has 
been  so  judiciously   advised    by  the   Senators  from   Michigan   and 
Indiana  ;    and    the     other — I    hope    it    is    composed    of    a  very 
small  number,  is  in  favor  of  delay.     To  the  former   class  I  belong. 
And  I  was  about  to   express  the  surprise,  amounting    to  a   most 
profound  sentiment    in  my  Ijosom,   that  there  should  be   the   least 
doubt  in  any  mind  with  reference  to  the  iiropriety  of  speedy  action 
upon  a  question  of  so  much  importance,  and  seriously  involving  the 
honor  and  welfare  of  this  nation.    I  am  particularly  surprised — I  say 
it  with   the  most  perfect  respect — that   this  suggestion  of  delay 
should   come  from   the  quarter   whence  il  emanates.     The  Sena- 
tor from  South  Carolina  the  other  day,  with   more  than  his  usual 
impetuosity    I  trust,  certainly  not   with  all  that   deliberation  and 
formal   gravity  which  ordinarily    characterize   his    course    in  this 
body,  when  the  President's  message  was  received,  arose,  and  ap- 
parently with  much  excitement,  avowed  his  hostility  to  the  recom- 
mendations of  the  Executive.     He  indulged  in  language  of  recrim- 
ination and  censure.     He  was  prepared  then    to  take  the  question 
at  the  first  hop— to  enter  at   once   upon  it,  and  He  made  a  speech 
somewhat  extended,  quite  ingenious,  and  decidedly  unkind  towar.is 
the  administration — in  reference  to  the  message  and  the  recommen- 
dations which  it  contained.     All  this   the  Senator  did   on  the  spur- 
of  the  moment.     Now,    however,  so   far   as   we  have    reason   to 
know  anything  on  the  subject,  or  form   any  conjecture,  I  believe  I 
may  say,  w.tii  the  utmost  respect  for  the  Senator  from  South  Caro- 
lina, that  lie  regrets  the  precipitation  of  his  conduct  on  the  occasion 
to  which  I  have  alluded.  Now,  he  is  not  ready  to  proceed.     He  was  • 
ready  to  declare  his  opinions    at  once    upon   the  message  and  the 
views  contained  in  it,  and  he  did  express  them  at  some  length  in  a 
.speech  whicli  is  now  circulating  far  and  wide   thronghout  the  re- 
public,  has   even   gone    beyond    our  shores,   and   is   well    calcu- 
lated to  produce  the    most   injurious    impression.     I   believe  that 
that  speech  has  been  already  detrimental  to  the  cause  which  now 
demands  our  consideration.     I  believe  that  already  some  error  has 
been  diffused,  and  some   prejudice  excited    by  the  remarks  of    the 
honorable  Senator.     Why  is  it,  then,  that   the  Senator  is  not  now 
prepared  to  go  on  ?     Why  is  it  that  he  desires  this  bill  to  lie  upon 
our  table,  for  wnat  length  of  time  I  do  not  know  ?     Why  is  it  that 
he  asks  ibr  delay  on  a  question  on  which,  when  first  presented,  he    ■ 
was  prepared  to  pronounce  his  opinion,  and  to  utter  a  most  fierce 
and  vindictive  philippic  against  the   administration  for  daring  to 
send  that  document  here  '. 

We  hear  in  various  high  quarters  denunciations  of  this  adminis- 
tration for  its  tardiness  in  regard  to  this  matter.     It  has  been  accus- 
ed of  disregarding  the  most  important  interests  of  the  country,  and 
in  other  quarters  equally  inftuential  and  respectable,  we  hear  much 
complaint,  that  an  attempt  has  been  made  improperly  to  hurry  the 
action  of  this  body  in  relation  to  this  subject.     Well,  sir.  I  believe 
the  Senate  is  now  prepared  to  act  upon  this  matter,  and  to  act  in 
opposition  to    the   views    of  the    Senator   from    South    Carolina. 
Every    intelligent    Senator    must    have    made    up    his  mind,  to 
some  extent    at    least,  in    regard  to   the   simple  proposition  con- 
tained in    the  bill.     Wo  must  all  feel    it  to  be   painfully  true  that 
instead  of  our  being  over  hasty  in  this  body,  we  are  in  general,  most 
shamefully  tardy  in  our  legislation;  and  our  tardiness  seems  unfor- 
tunately, to   be  proportioned   to  the   magnitude  of  the  matter  on 
which  we   are  called  to  deliberate,  and  the   pressure   of  the  exi- 
gency in  which  it  is   presented.     When  we  were  invited  to  adopt 
resolutions  of  sympathy  with  the  people  of  France,  the   Senator 
from   South    Carolina   and  a   few  others,  were  not  at  all  prepared 
to    cooperate    with   us.     The   action   proposed  was  too  quick  for 
him.     He  wished  time  to  deliberate — to  consider  the  matter — to 
ascertain  whether  the   new  government  of  France  was   likely  to 
succeed.     Happily  for  the  honor  of  the  country,  and  the  cause  of 
freedom,  we   have,  by  a  majority  of  this  l)ody,"evinccil  our  readi- 
ness to  proceed  with  tliat  promptitude,  whicli  .such  an  occasion  de- 
manded.    So  it  was  in  regard  lo  the  various  measures  connected 
with  this  war.     Frequent   attempts   were   made   to  postpone  our 
action.     When   the    tuniy  was    known  to    be   in   a   state   of  real 
suffering  and  snrriiunded  with  perils,  there  were  those  who  coun- 
selled and  endeavored  to  procure  delay.     The  Senator  from  South 
Carolina  is  mistaken  when  he  supposes  that  there  is   any  particu- 
lar body  of  men   here    who   always  raise   an  emergency.     I   have 
known  no  emergency  to  arise  here  that  was  not  real  and  substan- 
tial.    I  have  known  no  attempt  made  to  quicken  the  lecislation  of 
this  body  unduly.     In  the  case  now  bcfiire  the  Senate,  the  Senator 
from  Indiana,  who  is,  as  I  understand,  thoroughly  acquainted  with 
the  subject,  has  presented  reasons  which  should  induce  us  at  once  to 
unite  with  him  in  giving  immediate  consideration  to  this  grave  and 
important  matter,     I  can  conceive  no  reason  for  delay.    Indeed, 


May  4.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


573 


no  reason  has  been  given,  except  that  the  case  is  one  of  grave  im- 
portance, of  extraordinary  magnitude,  and  that,  therefore,  it  wonld 
be  improper  to  proceed  ton  rapidly  to  act  upon  it.  I  think  tlie 
Senator  from  South  Carolina  might  be  prepared  to  act,  at  all 
events,  to-morrow.  He  was  prepared  a  few  days  since  to  con- 
demn, in  the  strongest  manner — whether  justly  or  not  will  be  seen 
hereafter — the  recommendations  contained  in  the  message.  I  do 
hope  that  the  Senate  will  not  delay  its  consideration  of  the  mea- 
sure proposed. 

Mr.  CALHOUN. — I  did  not  know  that  the  message  had  been 
printed,  and  laid  upon  our  desks  till  this  morning.  I  have  cast  my 
eyes  over  it,  however,  and  I  see  enough  in  it  to  induce,  on  the  part 
of  the  Senate,  the  greatest  degree  of  caution.  If  the  peace  and 
welfare  of  this  country  are  of  any  value,  the  recommendations  pre- 
sented in  this  message  call  for  the  most  deliberate  and  cautious 
consideration.  There  is,  indeed,  a  great  deal  upon  the  score  of 
humanity  to  excite  our  attention  to  this  subject.  I  believe  there 
is  a  wretched  state  of  things  in  Yucatan;  whether  we  can  relieve 
it  or  not  is  another  question.  The  Executive  have  not  been  in  any 
hurry  in  this  business,  If  the  Senator  from  Mississippi  will  look 
to  the  document  wliich  has  been  laid  upon  our  desks,  he  will  find 
that  the  letter  from  Mr.  Sierra  of  the  7th  Mareli  complains  that 
he  had  written  jjrevious  notes  to  the  Secretary  of  State,  to  wliich 
he  had  received  no  answer;  and  these  notes  gave  an  account  of  the 
atrocities  perpetrated  in  Yucatan,  as  forcibly  and  fully  as  any  sub- 
sequent communication  Now,  if  the  Kxeeutive  took  from  the  7ili 
of  March  till  this  day,  time  to  consider  the  matter,  surely  we  are 
entitled  to  one  or  two  days  in  which  to  consider  so  grave  a  subject 
as  this — for  it  will  turn  out  to  be  one  of  the  gravest  subjects,  full 
of  complication  and  diincully. 

Now,  I  am  not  to  bo  intimidated.  I  know  how  to  discharge  my 
duty  here,  whether  alone  or  in  company.  My  duty  I  know,  and 
I  cannot  be  driven  from  it.  We  were  once  uriied  into  a  war,  pre- 
cipitately and  hurriedly,  for  which  wo  have  paid  dearly.  I  trust 
we  shall  not  bo  driven  into  another  war,  and  perhaps  a  more  com- 
plicated one,  in  the  same  rash  and  precipitate  manner.  I  desire 
delay,  because  it  appears  to  me  to  be  necessary,  in  order  that  we 
may  obtain  all  the  information.  Many  notes  which  have  passed 
between  Mr.  SieiTa  and  the  Secretary  of  State  have  not  been  pub- 
lished, if  we  may  credit  that  gentleman's  statement.  There  is  no 
communication  here  from  the  Commodore  on  that  station,  who 
conld  give  us  a  great  deal  of  information,  no  doubt,  as  regards  both 
the  origin  and  the  character  of  the  war,  which  should  be  known 
to  us  before  we  act.  In  my  opinion,  the  document  before  us  is 
very  imperfect,  and  one  days'  delay  is  necessary  before  we  make 
our  decision. 

Mr.  FOOTE. — I  regret  very  much  to  hear  the  Senator  talk 
about  attempts  to  intimidate.  I  underst-ind  this  sort  of  language 
very  well.  I  have  heard  it  before.  I  trust  I  am  one  of  the  last 
persons  who  would  attempt  to  use  the  language  of  intimidation 
any  where.  The  respect  which  I  entertain  for  the  honorable  Se- 
nator from  South  Carolina,  who  is  a  gentleman  of  known  moral 
and  physical  courage,  inflexible  will,  and  the  utmost  fearlessness 
of  character,  prevents  the  supposition  that  I  could  be  so  silly  as  to 
attempt,  on  any  occasion  in  this  body,  to  use  arts  of  intimidation 
in  reference  to  him.  I  do  trust  that  there  was  nothing  in  my  man 
ner  or  in  my  language  to  authorize  such  an  idea.  It  is  true  I  did 
express  myself  in  the  language  of  surprise  and  regret.  I  did  say 
that  I  thought  that  the  Senator  from  South  Carolina  when  so  ready 
the  other  day  to  denounce  this  message,  might  have  been  equally 
prepared  now  to  decide  upon  precisely  the  same  subject  as  that  em- 
braced in  it. 

Mr.  CALHOUN. — If  the  honorable  Senator  will  give  way  for 
a  mement  I  will  state  by  way  of  explanation,  that  I  expressed  my 
regret  that  the  President  should  mix  up  a  question  of  pure  human- 
ity, with  high  political  considerations,  connected  with  the  general 
policy  of  the  country. 

Mr.  FOOTE. — I  suggested  to  the  Senator  after  he  had  made 
his  remarks  the  other  day,  that  an  attentive  examination  of  the 
message  might  convince  him  that  he  had  misunderstood  the  docu- 
ment. I  f.m  satisfied  that  snch  will  be  the  fact.  I  was  urging, 
and  I  still  urge,  that  if  the  Senator  was  prepared  the  other  day  to 
discuss  the  merits  of  the  message,  he  must  be  equally  well  pre. 
pared  to  do  so  now.  I  see  no  reason  for  the  postponement  desired 
by  the  Senator.  I  would  not  have  alluded  to  what  fell  from  the 
Senator  from  South  Carolina  the  other  morning  in  reference  to  I  his 
subject,  but  for  the  conviction  which  I  entertained  that  his  denuncia- 
tion of  the  administration  demanded  some  notice.  He  now 
says,  that  the  President  has  mingled  up  other  considerations  with 
those  of  humanity,  and  of  that  the  honorable  Senator  complains. 
Well,  I  would  remark,  that  in  the  discussion  of  this  message  the  Sen- 
ator has  thought  proper  upon  the  spur  of  the  moment  to  mingle  up 
another  matter  with  the  subject  before  us,  with  which,  it  certainly 
has  no  connection  whatever — with  which  it  has  no  legitimaie  affinity 
that  can  be  imagined  by  any  one  but  himself.  What  was  that 
subject?  The  war  with  Mexico!  He  said  that  the  President  of 
the  United  Slates  should  have  learned  from  that  war,  the  danger 
of  precipitate  action.  I  felt  at  the  time,  all  must  have  fell, 
and  the  Senator  from  South  Carolina  was  bound  to  recollect  what 
the  public  will  be  at  no  loss  determine,  that  the  responsi- 
bility of  this  war  with  all  its_evils — all  its  horrors — all  its  loss  of 
of  life — all  that  enormous  expenditure  of  money  so  strikingly  pre- 
sented by  the  honorable  Senator  the  other  day,  is  not  to  be  charged 
upon  this  administration.    The  responsibility  of  that  war  rests 


upon  a  man  of  exalted  intellect,  unwavering  patriotism,  inflexible 
temper,  who,  in  obedience  to  a  call  of  a  former  Executive  of  this  na- 
tion, left  his  quiet  home  in  South  Carolina    to    come  to  the  succor 
of  the  government,  at  I  hat  time   much   perplexed  bv  the  concerns 
which  occupied  its  consideration;  and  the  application  for  whose  aid 
was,  as  I  have  understood,  unanimously  sanctioned  by  this  body. — 
"He  came,  he  saw,  he  conquered!"  He  arrived  in  Wa"shington.  He 
assumed  charge  of  the  duties  of  the  State  department.     He   con- 
ducted the  movement  of  Texan  annexation  to  its  conclusion.  It  was 
the  most  signal  actofhislilc.  He  performed  it  boldly — fearlessly — in 
defiance  of  menaces  from  various  quarters.     It  had  been  predicted 
before   that  event,  as   it  was  afterwards,  by  various  distinguished 
individuals,  that  Texan  annexation  would  lead  to  war.     The  Sen- 
a  I  or  from    South  Carolina  was   bound  to    perceive  that  there  was 
much  danger  that  these  predictions  would  be  fulfilled.    The  Mexi- 
can minister  had  openly  proclaimed  that  Texan  annexation  would 
be  reconnized  in  Mexico,  as  just  cause  of  war.     The  Senator  from 
South  Carolina,  with  his  keen  perception,  might  almost  have  anti- 
cipated with  certainty,  that   the  act  would  "  let  loose  the  dogs  of 
war,"  in  Mexico.     But  with  that  boldness  of  character  which  be- 
longs  to   him,  and  with   none  of  that  timidity  which  it   seems   he 
supposes  I  have  suspected  him  to  possess,  lie  dared  to  do  what  he 
believed  was  necessary  for  the  honor  of  tlie  countrv,  and  the  safe- 
tvof  the  South.     I  speak  of  a  delicate  matter,  but  I  wish  to  speak 
frankly.     He  regarded  it  also,  as  an  act  of  justice  to  our  brethren 
in  Texas.  The  measure  was  accomplished,  and  war  followed.  Thus 
began  the  Mexican  war— the   wretched  war  of  which  the  Senator 
from   South  Carolina  spoke   the   other  day.     The  war   which  has 
cost  so  many  lives,  and  such    a  large  expenditure  of  treasure;  but 
sir,  a  war  in  which  every  American  who  fell,, met  a  ghirious  death. 
Texan  annexation,  then,  was  in  part,  the  cause  of  this  war;  but 
it  was  a  righteous  war,  and  one  into  which  the  administration  was 
justified  in   entering.     But   the   administration  did  nothing   more 
th.an  sanction  what  had  been  done  by  its  predecessors.  We  inherited 
the  war  from  the  administration,  of  which  the  Senator  from  South 
Carolina  was  the  principal  member.    In  the  State  to  which  I  belong, 
humble  as  I  am,  I  have  ever  been  the  advocate  of  ibe  policy  of  the 
honorable  gentleman  from  South  Carolina,  with  regard  toTexan  an- 
nexation. I  passed  through  the  State  from  one  end  to  the  other,  vin- 
dicating that  act,  as  the  act  of  the  Senator  from    South  Carolina. 
I  endeavored    to  repel   the  denunciations  which  had  been    uttered 
against  him    in  various    quarters,  even  in  this   body.     His  friends 
everywhere  gloried  in  that  measure,  and  omitted  no  opportunity  of 
defendinu  him  against  the  ill-will  and  aspersions,  which  it  provoked 
against  him.     And,  when  the   war  occurred,  what  course  did  his 
friends  throughout  the  Union  pursue  ?     Did  they  endeavor  to  shuf- 
fle tliemselves  out  of  the  responsibility  of  the  act?     No — l)iey  boldly 
avowed  that  to  him  and  them  belonged  the  glorv  and  the  responsi- 
bility of  the  measure.    AVe  had  a  right  to  annex  Texas,  but  we  were 
bound  to  suppose   that   it  was  at  least  probable,  that  annexation 
would     lead     to    war.     It    did    lead    to    war.     But    the    Senator 
from  South  Carolina  says,  that  the  war  has  been  brought  on  bv 
this  administration,  and  that  from    it,  ihey  should  have   learned  a 
signal  Tcsson,  and   be  warned  against    the  danger  of  precipitate 
conduct  in  future.     Now  I  believe,  that  in  this  body,  among  those 
who   have  undertaken  to   express  themselves  in    reference  to  the 
causes  of  the   war,  there  are   only   two  or  three  opinions.     Some 
have  said  that  it  was  Texan  annexation;  others,  the  movement  of 
the   army  to   the   Rio   Grande  ;   and    others  again  have  said,   as 
I   have   endeavored   to  maintain,  that  it  was  the  act  of  Mexico — 
however  instigated,  that   brought  on  the  war.     I   believe  that  the 
Senator  from   South    Carolina,  has   insisted  that   the    movement 
to  the  Rio  Grande,  for   which  he  holds  the  administration  respon- 
sible, brought  on  the  war,  and   that  those  engaged  in  the  annexa- 
tion of  Texas  arc  not   to  be  held  responsible.     It  will  hardly  do  to 
urge  this  view  of  the  subject  very  strenuously  now,  inasmuch  as  it 
begins  to  be  understood    that    General  Taylor  claims  the  responsi- 
bility ill  part  of  this  movement  of  the  array.     He  saw  the  dancer 
of  an  immediate  invasion  of  our   soil  ;  he  beheld  a  strong  concen- 
tration of  hostile  forces  on  our  border;  he  almost  heard  the  fierce 
ihreatenings  of  the  foe  ;  and   he  asked  the  consent  of  the  gflvern. 
luent  to  be  allowed  to  defend  his  country  in  the  only  mode  deemed 
by  him  possible.     I   pronounced    in    this  chamber  several  months 
since,  without  the  least  personal  acquaintance  with  Gen.  Taylor, 
that  it  was  impossible  that   he  would  be  mean  enough  to  deny  his 
own  recommendations  to  the  government,  or  attempt  to  evade  the 
just  responsibility    flowing   therclVom.     I  predioled  that  he  would 
repudiate    the    sophistical    vindication    attempted  in  his  behalf  by 
some  of  his  friends  and  supporters  here.     It  appears  that  I  was 
not  in  error  on  this  point,  and  it  remains  to  be  seen  whether  these 
same  military  movements,   denounced  so  fiercely   on  former  occa- 
sions, when  supposed   to   be  chargeable   to  a  democratic  adminis- 
tration, will  be  as  strongly  complained  of  now  that  they  are  ascer- 
tained to  have  originated  with  a  whig  Major.General  of  our  army. 
But  to   return   to  the  Senator  from  South  Carolina  and  his  public 
course  in  connection  with  the  war    now    so   much   deprecated  by 
him.    I  insist  again  and  again,  and  I  shall  never  cease  to  insist  that 
whether   the   movements  on   the   Rio   Grande,  or  annexation,   or 
foreign   instigation,  caused   the   war,  certain  it  is,  that  when  an. 
nexatlou  did  take  place,  there   were  indications  not  to  be  mistaken, 
that  influences  would  be  set  to    work  to  bring  about  a  war,  if  we 
dared  to  do  an  act  that  we  were  bound  to  do,  and  by  a  failure  in  the 
accomplishment  of  which,  the  national  character  would  have  been 
disgraced.     The  Senator  from  South  Carolina  dafed  to  do  his  duty, 
and  the  country  gave  him  full  credit  for  it.     I  insist  that  it  is  too 
late  for  him  to  attempt  to  avoid  the  just  responsibility  of  his  own 


574 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Thursday. 


noble  conduct  ;  and  I  hope  lie  will  not  be  offended  at  my  saying 
so.  I  intend  no  intimidation — I  mean  no  discourtesy.  I 
speak  warmly,  but  frankly  and  sineerely.  Useful  as  has  been 
his  life,  brilliant  as  have  been  his  achievements,  notwithstanding 
the  extraordinary  intellectual  power  which  lie  has  always  display- 
ed, and  the  reputation  for  purity,  not  only  unsullied,  but  beyond 
question  in  every  quarter  of  the  globe,  it  is  his  misfortune — if  I'may 
call  it  so — justly  or  unjustly — to  have  been  often  charged  with  ori- 
ginating measures  and  not  afterwards  standing  up  fully  to  those  mea- 
sures in  all  their  consequences.  I  do  not  undertake  to  prefer  this 
charge.  He  has  often  vindicated  himself  against  it,  but  not  al- 
ways satisfactorily  to  all.  Some  have  said,  and  he  will  permit  me 
to  say  it,  that  he  is  responsible  as  a  former  advocate  of  a  national 
bank.  Yet,  surely,  he  does  not  now  admit  any  responsibility  on  this 
subject.  Again,  at  different  times  he  has  been  accused,  by 
various  individuals,  on  such  evidence  as  appeared  to  be  satis- 
factory to  them — of  being  the  father  of  the  protective  system  ; 
bat  at  the  present  time  he  would  not  think  of  assuming  any  re- 
sponsibility upon  ihat  score.  His  friends,  at  different  times,  have 
been  called  upon  to  vindicate  him  against  the  charge  of  being  in 
favor  of  various  other  measures,  which  I  need  not  now  name — 
among  them  internal  improvements — to  which  he  afterwards  man- 
ifested hostility.  It  has  been  even  said  that  he  is  actually  the  father 
of  the  whole  system  of  internal  improvement,  which  once  oversha- 
dowed the  country,  and  as  we  believed,  seriously  menaced  the  wel- 
fare and  freedom  of  its  citizens.  Yet.  I  believe  that  he  ha.s  not  been 
known  lately  to  assume  any  responsibility  upon  ihat  subject.  I  do  not 
say  that  these  charges  are  just;  but  1  insist  upon  it,  that  the  Senator 
is  so  surrounded  by  circumstances  of  this  eharaoter,  that  he  is 
bound  to  be  a  little  more  circunispcet  than  other  individuals,  else 
men  will  get  into  the  habit  of  saying,  that  the  Senator  from  South 
Carolina  originates  vast  projects  for  the  advancement  of  his  coun- 
try's prosperty  and  hisown  personal  fame;  and  that  yet,  -vvhen  their 
remote  effects  turn  out  to  be  diiastrous,  he  is  found  denying  all 
responsibility  or  account  of  those  acts,  and  castinn-  it  upon 
those  who  have  had  the  good  fortune  to  be  elevated  by  the  suf- 
frages of  their  fellow-citizens  to  high  situations,  and  whose  duty 
it  is  simply  to  take  care,  so  far  as  they  can,  to  guard  the  coun- 
try against  those  consequences  which  have  inevtably  followed  the 
adoption  of  the  measures  proposed  by  him. 

So  it  is  with  this  war.  I  insist  that  every  man  who  has  fallen 
in  Mexico,  if  murdered,  (as  has  been  strongly  suggested  by  the 
honorable  Senator,  in  consequence  of  the  imprudence  and  folly  of 
this  administration,)  would — if  he  could  arise  from  the  grave  and 
assume  the  attributes  with  which  the  bard  of  Avon  has  invested 
the  dramatic  Banquo — come  to  the  bedside  of  the  Senator  from 
South  Carolina  in  the  stillness  of  the  night,  and  say  to  him — 

"  Tiioii  art  my  murderer !" 
Nor  could  the  Senator  respond  in  the  words  of  Macbeth  : 

"  Sh.nkp  not  thy  gorv  locks  at  me — 
Thou  canst  not  say  (tlid  it."     . 

Yes  every  million  of  money  expended  in  this  war,  which  the  Sena- 
tor from  South  Carolina  deems  so  unjust,  so  wretched  in  every 
point  of  view,  is,  for  the  reason  I  have  given,  justly  chargeable 
upon  him  more  than  upon  any  man  in  this  nation.  Let  the  Sena- 
tor, then  noblv  assume  tlie  responsibility  of  his  acts.  He  has  re- 
ceived credit  for  them,  and  he  will  receive  still  more  crerlit  from 
posterity.  Let  him  unite  with  those  friends  who  have  been  al- 
ways associated  with  him,  and  defend  ilie  most  noble  achieve- 
ment of  his  life  instead  of  burdening  others  with  the  task  of  vin- 
dicating it. 

In  relation  to  this  particular  matter,  I  am  sure  that  the  Senator 
must  be  satisfied  that  tlie  occasion  is  urgent.  There  is  ground  for 
the  most  serious  apprehension,  in  consequence  of  delay.  The 
Senator  from  South  Carolina  is  bound  to  sustain  us  in  every  thing 
connected  with  this  war  ;  wc  have  a  right  to  claim  his  zealous,  ef- 
ficient, untiring  support.  I  hold  that  we  have  a  right  to  complain  of 
him.  I  will  not  denounce  him;  1  will  not  attempt  any  thing  so  shock- 
ing to  the  sensibility  of  every  man  of  good  taste,  as  would  be  an  ef- 
fort to  cast  ridicule  upon  him.  I  prefer  no  charges,  but  I  say  that 
•we  have  a  right  to  complain,  that  during  the  whole  course  of  this 
administration  the  Senator  has  either  withheld  from  us  his  support, 
or  has  given  a  slow,  reluctant,  cold  acquiescence  to  its  measures. 
His  conduct  has  been  such  as  to  authorize  the  public  in  general  to 
recognize  in  him  one  of  the  greatest  enemies  of  the  administration. 
It  ou<.'ht  not  so  to  be.  Why?  First,  for  the  reasons  that  I  have 
stated.  Besides,  the  great  issue  of  1844  we  got  from  him  ;  we  car- 
ried it  triuinplianlly  ;  we  placed  a  man  in  the  Presidential  chair 
who  boldly  assumed  the  responsibility  of  discharging  his  duty  to  the 
constituliou  and  the  country  ;  and  wo  carried  out  the  views  of 
the  Senator  from  South  Carolina,  as  that  Senator  no  doubt  would 
have  done  if  he  had  occupied  the  Presidential  chair.  But  I  give 
him  the  credit  of  absolute  consistencv  in  his  whole  course  since 
March,  1844. 

Mr.  President,  I  cannot  bring  these  remarks  to  a  close  without 
expressing  the  dce|i  regret  which  I  feel  that  the  course  of  the  dis- 
tinguished Senator  from  South  Carolina  should  have  not  only  jus- 
tified the  strictures  in  which  I  have  indulged,  but  hiive  made  it 
indispensable  to  a  jnst  apiireciation  of  the  administration  in  )iower 
that  the  whole  truth  about  the  origin  of  the  war  should  be  at  last 
plainly  told.  I  lament  that  I  have  been  felt  compelled  in  addition  to 
declare  that  this  administration  has  much  reason  to  complain  of  the 
hostile  conduct  of  the  Senator  and  some  of  his  leading  li  lends  ever 
since  its  career  of  authority  commenced.  Never,  I  believe,  has  the 
Senator  from  South  Carolina  beet>  known  to  defend  this  administra- 


tion, or  to  commend  it  even  in  terms  of  the  most  modei-ate  lauda- 
tion. He  has  seen  it  surrounded  with  difficulties  from  the  begm- 
nins,  the  most  serious  of  which  had  been  entailed  upon  it  by  the 
administration  which  had  preceded  it  ;  he  has  seen  arrayed  against 
it  continually,  many  of  the  ablest  and  most  influential' politicians 
in  the  country,  whose  energetic  and  steadfast  hostility  had  been 
evidently  called  into  action  chiefly  by  that  extraordinary  devotion 
manifested  on  all  occasions  by  this  administration  for  ihose  great 
and  invaluable  principles  of  democratic  policy,  to  the  maintenance 
of  which  the  Senator  from  South  Carolina  owes  so  large  a  share  of 
that  enduring  fame  which  he  has  acquired  as  a  statesman.  He 
saw  this  administration,  in  the  very  outset  of  its  career,  boldly 
place  Itself  upon  the  very  ground  that  had  been  proudly  occupied 
by  the  enlightened  and  high  .souled  statesmen  of  South  Carolina 
for  years  before  ;  he  saw  free  trade  principles  asserted  and  suc- 
cessfully maintained  by  it,  in  all  their  amplitude,  for  the  first  time 
in  our  annals.  He  saw  his  favorite  independent  treasury  system 
adopted  and  enforced  also.  He  beheld  a  gigantic  schemffof  inter- 
nal improvement,  so  dangerous  to  the  rights  of  the  S'ates  and  the 
freedom  of  the  citizen,  prostrated  by  the  fearless  exercise  of  the 
veto  power,  that  truly  conservative  feature  of  our  system,  for  the 
retention  of  which  in  the  constitution  of  the  republic,  and  its  tri- 
umphant vindication  in  this  body  on  a  memorable  occasion,  the 
country  owes  such  a  debt  of  gratitude  to  the  Senator  from  South 
Carolina  himself.  He  saw  the  country  engaged  in  a  troublesome 
and  expensive  war — calumniated,  denounced,  belied  by  thousands 
in  every  form  which  malignant  opposition  could  assume  ;  and  yet 
the  Senator  from  South  Carolina  has  either  been  found  in  the  Se- 
nate room  speaking  and  voting  against  this  administration,  or 
giving  a  cold  and  reluctant  support  to  its  measures.  When  did 
he  withhold  cen.sure,  when  any  pretext,  even  merely  plausible, 
was  afforded  to  him  ?  How  many  speeches  designed  and  calcula- 
ted to  bring  the  administration  into  discredit,  and  to  counteract 
its  favorite  measures  of  policy,  have  we  not  all  heard  from  that 
Senator  in  the  last  year  or  two  ?  How  often  have  we  not  seen 
him  surrounded  by  distinguished  members  of  this  body,  avowed 
opponents  of  the  administration,  from  whose  lips  he  was  receiving 
the  language  of  warm  congratulation  and  gratitude  for  the  effi- 
cient service  which  he  had  just  rendered  to  their  cause  I  Sir,  how 
are  we  to  account  for  the  conduct  of  the  honorable  Senator  from 
South  Carolina  ?  What  are  we  to  think  of  it?  How  s  hull  wo 
characterize  it  ?  To  what  mysterious  motives  are  we  to  attribute 
it  ?  I  am  willing  to  let  others,  or  the  Senator  himself,  attempt 
the  full  elucidation  of  these  points  ;  being  content  for  the  present, 
with  having  suggested  them,  and  by  doing  so,  to  have  adminis- 
tered a  seasonable  warning  to  democrats  every  where  no  longer 
to  rely  upon  the  Senator  from  South  Carolina  for  the  maintenance 
of  their  principles  in  the  only  manner  in  which  they  can  ever  be 
maintained — by  sustaining  those  who,  amidst  the  most  fearful  re- 
sponsibilities which  any  administration  in  this  country  has  ever 
had  to  encounter,  have  never  wavered  for  an  instant  in  their  sup- 
port ;  an  administration,  whose  whole  career  has  been  marked 
with  the  most  distinguished  success,  both  abroad  and  at  home — 
and  which  is  destinetl,  as  I  confidently  believe,  to  descend  to  pos- 
terity with  as  much  of  true  glory  as  any  which  has  ever  been  en- 
trusted with  power  in  any  age  or  country  under  the  sun. 

Mr.  CALHOUN. — I  certainly  had  no  expectation  when  I  asked 
further  delay  of  a  low  days  in  relation  to  this  subject,  that  it  would 
give  rise  to  so  long  a  debate.  I  am  sure  the  Senate  will  not  ex- 
pect me  to  undertake  to  repel  the  various  charges  of  the  Senator 
liom  Mississippi,  old  as  well  as  new.  I  rise  to  make  only  a  very 
few  remarks  ujion  a  general  subject  with  which  these  charges 
have  been  connected.  In  the  first  place,  I  have  given  this  admin- 
istration as  full  and  complete  sup]iort  u]ion  all  occasions  as  my 
conscience  would  permit.  There  has  not  been  a  single  measure 
of  theirs,  to  which  I  could  give  my  support,  to  which  that  sup. 
port  has  not  been  given.  I  yielded  to  the  administration  upon  the 
question  of  the  tariff,  though  the  modification  of  it  did  not  en. 
tirely  suit  me.  I  yielded  upon  the  treaty,  upon  all  the  measures 
of  jireparation.  1  have  dealt  with  this  administration  as  I  have 
dealt  with  all  administrations  from  the  time  i  first  entered  Con- 
gress. I  have  given  no  administration,  whether  friendly  or  un- 
friendly to  it,  my  support  upon  any  measure  that  I  thought  to  be 
wrong  ;  and  I  have  supported  all  measures  that  I  thought  right. 
I  have  acted  irrespective  of  party  upon  all  occasions.  I  thiiik  It 
proper,  also,  to  make  a  few  remarks  relative  to  the  annexation  of 
Texas.  I  repel  no  charges  against  mc  for  being  the  author  of  an- 
nexation. It  is  an  act  of  whicii  I  never  can  repent.  It  was  an  act 
of  necessity,  indispensable  at  the  time,  and  will  be  .so  considered 
hereafter.  But  wo  all  took  ground,  Mr.  Polk  and  the  whole  of 
us,  that  it  was  not  a  measure  necessarily  involving  war,  that  we 
had  recognized  Texas,  that  we  had  a  rigiit  to  annex  her,  and  that 
annexation  was  no  just  cause  of  war  on  the  part  of  Mexico.  We 
introduced  the  measure  upon  that  siouiul.  :  iid  in  ray  opinion  suc- 
cessfully. If  any  thing  has  brought  discredit  upon  that  measure 
it  is  this  war  with  Mexico  ;  and  as  far  as  I  am  concerned  or  my 
reputation  is  concerned,  I  have  a  right  to  complain.  I  deny  that 
the  war  was  a  necessary  result  of  annexation.  • 

Mr.  FOOTE. — If  the  honorable  Senator  will  allow  me  a  mo- 
ment, I  will  inform  him  that  I  said  that  war  did  not  necessarily 
grow  ont  of  annexation  ;  but  that  a^  the  time  annexation  was  et- 
fccted  there  were  circumstances  which  I  enumerated,  and  of  which 
the  Senator  from  South  Carolina  must  have  been  cognizant,  which 
excited  the  apprehension,  that  if  annexation  look  place  war  must 
follow. 


May  4.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


575 


Mr.  CALHOUN. — The  Senator  must  permit  me  to  act  upon 
my  judgment  ;  whether  I  owe  a  debt  of  gratitude  to  Mr.  Polk  or 
not;  whether  I  am  bound  to  support  this  war  because  the  author  of 
it,  must  be  decided  according  to  that  judgment.  I  deny  that  the 
war  necessarily  crew  out  of  annexation.  On  the  contrarv,  I  speak 
wilh  the  full  knowledge  of  the  circumstances  connected  with  the 
subiect,  when  I  say,  that  in  my  opinion  the  war  could  have  been 
avoided  by  using  ordinary  discretion.  I  go  farther.  In  my  opin- 
ion it  required  a  great  deal  of  mismanagement  to  make  the  war. 
I  was  about  to  say,  it  rcqinred  something  like  ingenuity,  but  that 
would  be  improper.  I  do  not  believe  that  the  administration  in- 
tended war  ;  it  would  bo  a  serious  charge  to  say  they  intended 
war.  It  would  be  an  impeachable  offence  to  say  they  intended 
war,  when  they  ordered  General  Taylor  to  the  Rio  Grande.  But 
I  ever  believed  that  the  movement  could  not  be  made  without  pro- 
ducing war.  Can  any  man  doubt  it  ?  They  were  told  it  would 
produce  war.  Amongst  those  with  whom  I  conversed  on  this  sub- 
ject there  was  very  little  difference  of  opinion;  and  that  was  known 
to  be  my  opinion  from  the  tirst.  AVith  the  view  of  preventing  war 
1  stated  that  opinion  to  the  President,  The  gentleman  entirely 
mistakes  my  course  with  regard  to  the  administration  in  speaking — 
not  as  an  organ  but  .as  one  ardently  attached  to  it — when  he  charges 
me  with  being  its  enemy,  and  as  having  come  here  to  assail  it. 
I  took  piy  seat  here  with  great  reluctance,  and  was  rather 
compelled  to  come  than  otherwise;  but  believing  I  might  be  able 
to  do  something  to  avert  a  war  wnth  respect  to  Oregon  I 
came;  with  the  most  leading  desire  to  co-operate  with  the  Presi- 
dent; and  no  man  knows  it  better  than  he  docs.  I  held  frequent 
conversations  with  him  in  the  kindest  manner,  and  never  spoke  an 
unkind  word  with  regard  to  the  administration  except  when  as- 
sailed in  this  body  So  far  from  being  the  assailant,  I  appeal  to 
the  older  Senators  hero,  who  have  been  much  longer  members  in 
this  body  than  the  Senator  from  Mississippi,  if  I  ever  spoke  an  un- 
kind word  except  when  compelled  to  do  it.  I  believe  the  first 
instance  in  which  I  became  the  assailant  was  when  this  message 
w-as  sent  in,  and  then  because  I  believed  there  is  greater 
depth  and  danger  in  it  than  appears  on  the  surface.  It  has  upon 
the  face  of  it  the  bearing  of  a  question  of  humanity,  but  there  is 
a  complexion  about  it  leading  to  consequences  of  w'h:ch  it  is  hard 
to  loretell  the  termination.  These,  however,  are  topics  which 
ought  to  be  left  for  the  discussion;  and  I  regret  exceedingly  that  the 
Senator  from  Mississippi  has  compelled  me  to  say  so  much.  I 
would  he  ashamed  of  myself,  if  I  could  permit  myself  in  any  case 
to  be  governed  in  my  course,  by  enmity  or  friendship,  for  anv  ad- 
ministration. I  never  have  been  so  governed  and  never  shall.  I 
look  to  the  public  interests  in  the  discharge  of  my  duty,  and  if  I 
be  mistaken  it  is  because  I  am  honestly  mistaken. 

Mr.  HALE  said  he  desired  to  express  great  gratification  at  the 
occurrence  of  this  debate.  The  causes  and  origin  of  the  war  had 
been  discussed  frequently  in  his  own  and  the  neighboring  States. 
Indeed  this  was  the  great  question  of  the  age;  and  however  njuch 
matter  of  glorification  gentlemen  might  find  in  it,  it  was  one 
which  would  stamp  itself  in  indelible  characters  upon  the  history 
of  the  time.  He  did  not  say  what  the  judgment  of  posterity 
might  be,  though  he  had  his  own  convictions  with  regard  to  it,  to 
which  he  had  given  expression  on  a  former  day;  and  which  became 
daily  deeper  and  stronger.  But  he  desired  to  state  the  reason 
why  he  felt  gratified  at  the  debate.  Whenever  he  had  alleged  that 
the  war  had  grown  out  of  annexation,  and  that  the  measure  itself 
had  been  effected  for  the  purpose  of  extending  slavery,  he  had 
been  accused  of  saying  that  which  was  not  true.  He  was  alad 
that  he  could  now  appeal  to  one  who  could  not  be  considered  a 
partial  witness,  for  proof  of  the  allegation  that  this  war  had  grown 
out  of  the  annexation  of  Texas,  and  that  the  object  of  that  mea- 
sure was  the  protection  of  the  interests  of  the  South. 

Mr.  FOOTE. — I  might  have  said  that  out  of  annexation  neces- 
sarily grew  the  Mexican  war;  and  that  I  was  perfectly  willing  to 
meet  the  responsibility  of  that  statement.  But  I  was  more  cau- 
tious than  the  Senator  seems  to  suppose.  I  said  that  there  were 
circumstances  at  that  time  which  I  enumerated  that  authorized  the 
opinion,  which  was  entertained  in  various  quarters  that  war  would 
be  produced  by  annexation.  I  believe  that  annexation  was  the 
remote  cause  ol  war. 

Mr.  HALE  said  he  was  happy  to  hear  the  explanations  of  the 
honorable  gentleman,  as  he  did  not  wish  to  misapprehend  his  po- 
sition. He  hoped  that  the  attention  of  the  country  would  be  called 
to  the  debate,  and  he  thought  that  out  of  doors  it  would  excite 
vastly  more  interest  than  it  had  awakened  in  that  chamber.  Be- 
fore the  interruption  of  the  honorable  Senator  he  had  remarked 
that  he  would  call  to  the  stand,  one  who  would  not  be  considered 
a  partial  witness,  and  ask  him  to  testily  under  the  responsibility 
of  his  senatorial  oath  and  declare  that  this  war  had  grown,  not 
necessarily,  but  simply  grown  out  of  annexation.  If  he  under- 
stood the  Senator  from  Mississippi,  he  said  that  if  there  was  any 
man  in  the  whole  country  that  should  have  sustained  the  war,  it 
was.  the  Senator  from  south  Carolina,  because  he  was  responsible 
for  annexation.  And  further  than  that  the  Senator  remarked  that 
annexation  was  necessary  for  the  protection  of  the  interests  of  the 
South.  He  wished  to  know  if  the  Senator  was  now  perfectly  un- 
derstood ? 

Mr.  FOOTE.— My  remarks  were  hastily  made  ;  and,  perhaps, 
I  enumerated  some  circumstances  which  the  Senator  has  not 
thought  proper  to  notice.  I  alluded  to  prognostications  in  1844, 
with  respect  to  the  results  of  annexation.     And  amongst  them,  I 


had  reference  to  a  speech  made  by  a  distinguished  Kentucky  states- 
men at  the  city  of  the  Oaks,  in  North  Carolina,  which  contained 
such  predictions,  predictions  which  were  frequently  repeated  in 
certain  other  high  quarters  among  the  whigs,  and  possibly  among 
other  persons  calling  themselves  Liberty  men  in  New  England, 
which  may  have  had  considerable  influence  in  encouraging  Mexico 
to  go  to  war.  I  also  had  reference  to  foreign  influence;  to  British 
and,  perhaps,  to  French  infiuence.  Guizot  and  his  associates 
were  certainly  opposed  to  annexation  ;  and  it  was  not  an  improba- 
ble supposition  that  they  gave  some  encouragement  to  Mexico.  I 
did  say  also,  that  amongst  the  objects  whTch  the  Senator  from 
Sonth  Carolina  had  in  view  in  annexation,  one  was  the  security 
and  safety  of  the  South,  at  that  time  certainly  menaced,  as  we 
now  all  know  in  connection  with  that  subject.  But  I  did  not  men- 
tion that,  as  the  primary  object  of  annexation.  I  alluded  to  it  as 
an  incidental  object. 

Mr.  HALE  believed  that  he  now  understood  the  Senator,  and 
he  had  called  the  attention  of  the  Senator  to  the  subject,  for  the 
purpose  of  guarding  against  any  misapprehension.  He  had  not 
thought  of  undertaking  the  task  of  following  the  gentleman  from 
Mississippi  in  all  his  fiiglits  of  oratory.  Far  be  it  from  him  to  at- 
tempt any  thing  of  that  sort!  All  that  he  desired  was  to  call  the 
attention  of  the  country  to  the  fact,  that  the  Senator  from  Missis- 
sippi had  added  his  testimony  to  that  of  his  friend  from  Tennessee 
sitting  not  far  from  him,  [Mr.  Turkey,]  that  the  Senator  from 
South  Carolina,  inasmuch  as  he  was  the  author  of  annexation, 
was  responsible  for  the  war  ;  and  that  annexation  was  intended  to 
secure  the  interests  af  slavery.  He  was  confident  that  the  candor 
of  the  Senator  from  Mississippi  would  induce  him  to  admit,  that 
when  he  said  that  annexation  was  due  to  the  safety  of  the  South, 
he  meant  simply  that  it  was  necessary  for  the  protection  of  sla- 
very. That  was  the  position  to  which  he  had  desired  to  direct 
public  attention  ;  and  an  account  of  which  he  regarded  this  debate 
as  so  interesting  and  important.  It  had  now  been  asserted  and 
established  by  one  of  the  sachems  of  the  tribe,  one  of  the  chief- 
tains  of  the  camp,  that  the  people  of  the  United  States,  were  this 
day  engaged  in  a  foreign  aggressive  war,  growing  out  of  a  meas- 
ure intended  for  the  protection  and  sustenance  of  slavery.  That 
is  the  admission  without  any  paraphrase. 

Mr.  FOOTE. — I  did  not  use  the  word  "aggressive." 

Mr.  H.A.LE.— I  do  not  say  that  the  Senator  did. 

Mr.  FOOTE. — I  made  no  such  acknowledgment  as  the  Senator 
represents.  I  said  that  it  w-as  a  defensive  war  on  our  part,  occa- 
sioned in  part  ly  the  performance  of  an  act  which  a  distinguished 
Senator  from  Massachu.setts,  not  now  in  his  seat,  in  his  Spring- 
field speech  openly  affirmed  to  be  justifiable,  and  on  account  of 
which  Mexico  had  no  right  to  complain. 

Mr.  HALE. — When  the  Senator  from  Mississippi  undertakes  to 
close  my  mouth  by  no  higher  authority  than  the  Springfield  speech 
ol  the  distinguished  Senator  from  Massachusetts,  I  can  only  say 
that  that  is  not  my  catechism.  I  am  not  bound  by  any  such 
opinions.  The  Senator  had  spoken  of  seers  who  predicted  this 
war,  well,  among  their  number  was  Martin  Van  Buren.  In  one 
of  his  celebrated  epistles,  written  just  before  the  convention,  that 
gentleman  laid  down  the  principle  that  we  could  not  consistently 
with  the  relations  that  we  then  sustained  with  Mexico  annex  Tex- 
as, without  giving  just  cause  of  war.  That  was  in  May,  1844  : 
but  in  November  of  the  same  year,  the  thing  was  entirely  different' 
History  will  tell  the  true  causes  of  the  extraordinary  metamor- 
phosis of  circumstances  which  had,  in  a  few  months,  so  completely 
changed  the  aspect  of  the  question. 

But  he  would  leave  that  subject.  As  to  the  bill  before  tho  Se- 
nate, he  did  not  think  there  was  any  danger  growing  out  of  it,  be- 
cause, by  thg  constitution  of  Yucatan, "slaverv  has  been  entirely 
abolished  in  "that  territory.  Tho  honorable  Senator  from  South 
Carolina  indeed,  had  attributed  all  the  evils  under  which  the  peo- 
ple of  Yucatan  labored,  to  the  abolition  of  slavery.  While  that 
honorable  Senator  views  the  institution  so  favorably,  as  to  regard 
the  present  afflictions  of  Yucatan  as  a  righteous  judgment  from 
Heaven  for  doing  away  with  so  Divine  an  institution,  all  who  felt 
alarmed  about  the  annexation  of  Yucatan,  might  repose  their 
heads  upon  their  pillows  in  perfect  peace  and  security.  As  to  the 
declaration  which  Mr.  Polk  has  made  relative  to  the  adoption  of  the 
principle  avowed  by  Mr.  Monroe,  it  never  was  and  never  could  be 
the  policy  of  the  United  States  in  the  sense  which  Mr.  Polk  conceiv- 
ed it.  The  moment  that  such  a  policy  would  be  attempted,  the  great 
maxim  of 'Washington.  "Peace  and  friendship  with  all,  entangling 
allowances  with  none,"  would  be  departed  from  ;  and  the  nation 
would  embark  in  a  wild  quixotic  scheme,  entirely  at  variance  with 
the  constitution  and  institutions  of  the  country.  With  respect  to 
the  question  of  humanity,  while  certainlv  anxious  to  do  everything 
which  he  consistently  could  do,  in  response  to  its  call,  yet  he  could 
not  forget  the  humanity  that  was  due  to  his  own  countrymen— a 
humanity  which  involved  the  hopes  of  the  world,  looking  wilh  in- 
tense and  painful  interest  to  the  policy  and  progress  of  the  United 
States — a  humanity  which  Jcgarded  the  interests  of  unborn  mil- 
lions hereafter — a  humanity  that  regarded  the  interests  of  the  op- 
pressed of  all  climes,  anxiously  looking  to  the  beacon  light,  ever 
cheering  them  in  the  desolation  of  despair.  No  doubt  Don  Quix- 
ottewas  inspired  with  great  humanity  when  he  encountered  tho 
wind-mill.  Besides,  a  treaty  of  peace  and  amity  had  just  been 
made  between  the  United  States  and  Mexico,  by  which  the  for- 
mer was  bound  to  withdraw  their  fcrces  from  all  the  territory  of 


576 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Thursday, 


latter.  A  boundary  line  had  been  agreed  upon.  Would  it  not 
then  be  in  direct  violation  of  that  treaty  to  send  to  Yucatan  any 
portion  of  the  forces  of  the  United  States,  without  the  consent  or 
cooperation  of  the  Mexican  government  ?  He  did  not  throw  out 
this  in  a  spirit  of  cavillinn;,  but  suggested  it  as  one  of  the  serious 
difficulties  which  presented  themselves  to  him  in  the  way  of  adopt- 
ing the  measure  before  the  Senate. 

Mr.  WESTCOTT.— I  feel  bound  to  make  a  point  of  order, 
without  any  particular  reference  to  the  Senator  from  New  Hamp- 
shire. But  it  appears  to  me  that  this  debate  is  out  of  order.  Wo 
have  already  wasted  two  hours  on  the  motion,  merely  to  fix  a 
day  for  the  consideration  of  the  bill.  There  is  important  business 
before  the  Senate  which  ought  to  be  taken  up. 

Mr.  FOOTE. — I  hope  the  debate  will  be  allowed  to  go  on;  if 
not,  as  my  remarks  were  somewhat  e.xtended,  I  would  beg  to  say 
in  vindication  of  myself — 

Mr.  WESTCOTT.— I  had  no  particular  reference  to  the  re- 
marks or  course  of  argument  of  any  gentlemen. 

THE  PRESIDING  OFFICER.— In  the  opinion  of  the  chair, 
the  debate  has  undoubtedly  been  very  discursive;  but  the  chair 
does  not  think  that  at  this  stage  it  wdl  bo  warranted  in  arrest- 
ing it. 

Mr.  CASS. — The  question  is  whether  this  bill  shall  be  taken 
up  to.morrovk'.  That  it  should  be  taken  up  to-morrow  seems  to 
me  a  matter  of  absolute  necessity.  The  honorable  Senator  from 
South  Carolma  argues,  as  a  reason  for  the  postponement  of  the 
consideration  of  this  bill,  that  the  administration  was  apprised  of 
the  facts  on  the  7th  of  March. 

Mr.  CALHOUN.— (in  his  seat.)— Before  that  time- 

Mr.  CASS. — But  they  had  not  come  to  a  decision  upon  the 
mailer.  When  the  subject  was  presented  to  our  consideration, 
the  facts  were  all  before  us.  What,  in  the  meantime,  has  the  go- 
vernment been  doing  ?  They  have  been  collecting  information, 
until  finally  they  received  a  communication  directly  from  the  gov- 
ernment of  Yucatan,  detailing  the  progress  of  events,  which  had 
rendered  it  essentially  necessary  that  some  civilized  nation  should 
interpose,  else  the  white  population  of  Yucatan  would  be  swept 
out  of  existence.  All  the  information  which  can  possibly  be  ac- 
quired has  been  obtained  by  the  Executive  What  additional  in- 
formation can  possibly  be  )>rocured  and  laid  before  us  between 
this  time  and  Moaday  next  <  The  message  was  published  last 
week.  It  states  all  the  facts.  There  is  not  anolhcr  fact  which 
can  possibly  be  obtained,  necessary  to  guide  our  action.  This  is 
a  direct  appeal  to  the  humanity  of  this  nation,  and  nothing  can  be 
gained  by  procrastination.  At  the  date  of  the  last  accounts,  the 
Indians  were  beseiging  the  capital,  and  the  population  was  fleeing 
to  the  coast  and  fortified  places.  Application  had  been  made  to 
Cuba  for  aid,  and  a  vessel  had  been  despatched  by  the  governor 
of  that  island.  Every  consideration  urges  the  propriety — the  ne- 
cessity of  immediate  action. 

I  must  be  allowed  to  say  that  I  heard  with  extreme  regret  the 
Senator  from  South  Carolina  speak  of  "  this  wretched  war." 
Whether  he  referred  to  its  inception  or  progress,  he  considered  it 
"  a  wretched  war." 

Mr.  CALHOUN. — (in  his  seal.) — Rash  and  precipitalc. 

Mr.  CASS. — I  am  happy  to  hear  the  explanation.  My  impres- 
sion w-as  that  the  Senator  had  used  the  term  "  wretched." 

Mr.  CALHOUN. — I  do  not  undertake  to  correct  always.  All 
who  were  here  at  the  time  will  recollect  what  took  place  on  the 
day  previous  to  the  declaration  of  war.  The  Presicfent's  messao;e 
was  communicated  to  us,  and  on  motion  of  the  Senator  from  Mis- 
souri, [Mr.  Benton.]  that  portion  ol  it  relating  to  the  raising  of 
an  additional  military  force,  was  referred  to  iho  Committee  on 
Military  Affairs,  and  the  other  portions  of  it  to  the  Comniiltce  on 
Foreign  Relations.  My  view  in  voting  in  favor  of  the  motion  was 
that  we  might  grant  the  military  force  at  once  to  meet  any  emer- 
gency, and  take  time  upon  the  declaration  of  war.  But  the  two 
were  united,  and  the  very  next  day  the  whole  was  voted  at  a  sin- 
gle dash.  1  was  anxious  for  deliberation,  because  I  did  not  be- 
lieve that  wo  should  make  a  formal  declaration  of  war  at  that  pe- 
riod My  opinion  was  that  we  should  raise  a  provisional  force, 
without  adopting  formal  war  measures,  and  then  await  the  action 
of  Mexico. 

Mr.  CASS. — The  recollection  of  the  Senator  is  perfectly  cor- 
rect ;  and  his  statement  is  entirely  consistent  with  that  which  I 
was  about  to  present.  The  war.  in  his  opinion,  was  "rash  and 
precipitate,"  because  wo  did  not  wait  in  order  to  ascertain  the 
views  of  the  Mexican  government.  The  Senator  labored  with  his 
usual  ability  to  induce  us  to  wait  till  we  ascertained  whether  it 
was  the  act  of  the  iVIexican  government.  The  forces  of  Mexico 
had  crossed  the  Rio  Grande  in  order  of  battle.  The  Senator 
wished  to  ascertain  whether  it  was  the  act  of  the  Mexican  go- 
vernment.  He  now  knows  that  it  was  their  net.  Ho  now  knows 
that  he  was  in  error,  and  that  wo  were  right  in  our  judgment. 
Had  we  waited  till  the  end  of  time  we  could  not  have  ascer- 
tained anv  thing  more  than  was  known  at  the  time. 

Mr.  CALHOUN  rose,  and  was  about  to  address  the  chair. 


Mr.  CASS. — I  shall  yield  to  the  Senator  with  pleasure  when  I 
conclude,  but  I  ara  not  now  making  any  statement  calling  for  ex- 
planation— I  am  reasoning  on  the  facts  before  us.  We  know  that 
it  was  the  act  of  the  Mexican  government,  and  I  ask  the  Senator, 
had  we  waited  for  any  length  of  lime,  could  we  have  ascertained 
any  thing  more  ?  The  forces  of  Mexico  had  crossed  the  Rio 
Grande  and  attacked  our  troops.  We  had  a  right  to  regard  that 
as  an  act  of  war.  Every  nation  would  have  so-  viewed  it,  and 
would  have  acted  accordingly. 

With  regard  to  annexation,  which  so  much  connects  itself  with 
this  subject,  I  have  no  hesitation  in  declaring  that  it  was  the  cause 
of  the  war.  I  never  doubted  it .  The  great  democratic  party  of 
the  country  has  pronounced  the  same  decision.  The  President  has 
said  it.  Mexico-said  it  from  the  first  moment  that  the  suggestion 
of  the  annexation  of  Texas  was  presented  down  to  the  last  mo- 
ment. Mexico  declared  it  through  her  minister  here  ;  and  through 
our  minister  there.  She  declared  again  and  again  that  if  we  an- 
nexed Texas  she  would  go  to  war.  We  did  annex  Texas,  and 
Mexico  fulfilled  her  threat.  But  this  is  a  double  question. — 
It  is  a  question  of  fact  and  a  question  of  political  casuistry.  I 
believe  it  is  now  pretty  generally  conceded  by  all  except  the 
warmest  political  partizans  that  annexation  was  no  just  cause  of 
war.  I  hope  that  there  is  scarcely  one  member  of  this  body  who 
will  aflirm  the  contrary.  The  honorable  gentlemen  from  Ma- 
ryland and  Texas,  [Messrs.  Johnson  and  Rusk,]  have  placed 
the  title  of  the  United  States  to  the  Rio  Grande  in  a  very  cleai 
point  of  view.  If  that  be  so,  of  course  we  had  a  right  to  march 
an  army  thither;  if  not,  we  had  the  right  which  every  nation  pos- 
sesses, and  which  we  have  exercised,  to  march  there  and  repel  the 
attack  of  the  enemy.  No  government  would  be  justified  in  wait- 
ing till  the  enemy  struck  the  blow  in  the  place  and  manner  which 
he  chose  to  select.  In  this  case  our  decision  was  right,  and  sab. 
sequent  facls  snow  clearly  that  Mexico  meant  to  attack  us.  In 
one  sense,  then,  as  a  question  of  political  casuistry,  annexation 
was  not  a  cause  of  war;  but  as  a  question  of  justice,  involving  oiu 
character  before  the  world  it  was  a  just  cause  of  war. 

Mr.  CALHOUN. — It  is  very  painful  to  me  to  be  thus  called 
upon  so  often  in  this  irregular  debate.  I  chose  to  say  that  this 
was  a  ''rash  and  precipitate  war,"  and  gentlemen  think  it  noces- 
sary  to  enter  into  a  formal  argument  to  show  that  it  was  not ' 
Would  it  not  have  been  enough  if  they  had  said  that  they  thought 
diflerently  ?  But  there  is  always,  it  seems  to  me"  a  lurking  sus- 
picion in  the  minds  of  the  gentlemen  that  their  cause  is  not  a 
good  one;  for  I  have  never  known  a  case  in  which  there  has  been 
so  much  eftbrt  at  all  times  to  prove  that  the  war  was  just  and  ne- 
cessary.  These  frequent  explanations,  this  argument  at  all  times, 
I o  prove  the  justice  of  this  war,  do  not  indicate  a  well  settled 
state  of  mind.  I  am  at  issue  with  the  Senator  from  Michigan,  as 
to  the  fact  that  the  Mexican  government  authorized  the  war. 
Arista  may  have  anthorized  it.  Parcdes  may  have  autho- 
rized it.  But  that  is  not  the  question  ;  it  was  the  Congress 
alone  that  could  have  authorized  the  war.  But  the  Con- 
gress was  not  in  session,  and  therefore  could  not  have  mad© 
the  war.  The  same  mistake  is  made  on  our  own  side.  The  gen- 
tleman says  that  we  had  a  right  to  order  General  Taylor  to  repel 
the  attack.  If  he  means  that  the  Congress  of  the  United  Slates 
had  the  right  to  do  so,  I  agree  with  him.  Now  I  put  the  argu- 
ment to  tile  Senator;  and  let  him  answer  it  if  he  can. 

Mr.  CASS,  (in  his  scat.)— I  shall. 

Mr.  CALHOUN. — I  am  about  to  jiut  the  argument.  The  re 
solution  of  annexation  admitted  that  there  was  a  disputed  bounda- 
ro,  because  it  expressly  provided  that  it  should  be  settled  by  the 
United  States.  Now,  the  utmost  claim  that  Texas  ever  iuadc 
was  to  the  Rio  Grande.  I  do  not  say  that  the  Rio  Grande  was 
the  boundary;  that  is  another  question.  But  Texas  admitted  that 
it  was  disputed.  If  there  were  any  disputed  territory  it  must 
have  been  east  of  the  Rio  Grande.  Now,  I  beg  the  attention  of 
th{  gentlemen  to  this  question  to  which  1  ask  a  specific  an. 
swer.  How  are  disputed  boundaries  to  be  settled  ?  Is  it  not 
in  one  of  two  modes — by  treaty  or  by  war  '■  If  by  treaty, 
the  settlement  is  made  by  the  President  and  the  Senate;  if  by  war, 
the  war  power  is  exclusively  with  Congress.  After  the  treaty 
power  had  exhausted  itself,  as  the  Senator  and  all  have  assumed, 
is  it  not  perfectly  clear  that  the  settlement  of  the  disputed  bound 
ary  could  bo  made  only  by  the  Congress  of  the  United  Stales  ' 
We  had  a  right  to  order  General  Taylor  to  the  Del  Norte,  to  re 
pel  invasion.  It  was  not  the  President  who  had  llio  right  to  issue 
that  order,  but  Congress  who  ought  to  have  been  called  upon  to 
do  it.  The  same  error,  then,  was  made  on  both  sides.  It  was 
only  Congress  who  could  make  war  on  cither  side.  The  author- 
ity of  Parcdes,  and  the  authority  of  the  President  of  the  United 
States,  were  no  more  than  blank  paper;  therefore,  the  war  was 
illegaliy  and  unciuistitiitionally  made.  1  do  not  choose  to  argue 
this  question,  unless  when  assailed,  and  my  views  called  in  ques- 
tion. The  gentleman  says  liiat  annexation  was  a  just  cause  of 
war. 

Mr,  CASS. — I  said  that  in  poinl  of  fact  Mexico  went  to  war  on 
this  account,  but  that  in  point  of  justice,  she  had  no  right  to  view 
it  as  a  cause  of  war. 

Mr,  CALHOUN. — The  Senator  said  that  Mexico  threatened 
war  and  went  to  war.  Who  does  not  know  that  she  fumed  and 
fretted;  but  was  that  any  reason  why  wo  should  take  a  high  stand 
and  force  a  resort  to  arms  ?    Not  at  all.     Parcdes  showed  a  strong 


Mat  4.1 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


577 


desire  to  terrainats  the  controversy  without  war.  It  was  he  or 
his  minister  who  made  a  proposition  to  Mr.  Blaclc,  looking  to  an 
accomodation  of  the  ditficulties  between  the  two  countries.  True, 
it  came  to  nothing,  b«l  't  evinced  the  disposition  of  the  Mexican 
•authorities  to  settTe  the  controversy  without  war.  Herrera  was 
turned  out;  but  there  were  circumstances  connected  with  his  re- 
moval, aside  from  the  proposition  which  he  had  made  with  this 
country.  I  have  been  informed,  on  good  authority,  that  the  gen- 
tleman afterwards  appointed  as  Secretary  of  Legation,  was  in 
Mexico  at  the  time  that  this  communication  was  made  by  the  Sec- 
retary of  State  to  Mr.  Black,  our  consul,  late  at  night,  at  his  own 
house,  and  under  struni;  protestations  of  the  absohito  necessity  ot 
secrecy.  I  under.«tand  tliat  the  information  was  made  public.  Mr. 
Black 'is  here;  and  if  I  am  wrong  I  can  bo  corrected.  But  the 
fact  has  been  stated,  thai  the  gentleman  to  whom  I  have  referred, 
before  ho  left  Mexico,  divulged  it,  and  that  the  proposition  that  had 
been  made,  thus  came  to  the  knowledge  of  the  people  ol  Mexico 
These  facts  do  not  show  tliat  the  Mexican  anthorities  had  a  hxed 
and  ro.solutc  desire  to  make  war  upon  us.  On  the  contrary,  we 
are  thus  furnished  with  evidence  that  there  was  a  desire  to  make 
peace,  and  I  feel  the  deepest  conviction  that  having  settled  the 
Oregon  question,  the  Mexican  question  would  have  settled  itself, 
if  General  Taylor  had  not  been  ordered  to  the  Rio  Grande  1 
really  regret  that  I  have  been  obliged  to  take  up  I  he  tunc  of  the 
Senate  by"  these  remarks  in  mv  own  defence  I  had  not  the  slight- 
est idea  that  any  debate  would  have  arisen.  My  sole  object  in 
asking  for  delay  was  to  obtain  an  opportunity  for  examunng  the 
case. 

Mr.  HANNEGAN. — It  seems  to  me  that  the  question  before 
the  Senate,  has  entirely  disappeared  from  the  view  of  honora 
ble  gentlemen.  In  order  to  obtain  .prompt  action  in  a  case  in 
which  all  admit  the  necessity  of  speedy  action,  I  have  asked  that 
the  bill  before  the  Senate  should  be  made  the  speeiaj  order  for  to- 
morrow. Instead  of  addressing  ourselves  to  this  simple  question, 
we  have  again  entered  upon  that  wide  tield,  over  which  we  have 
been  travcTling  for  the  last  live  years.  The  Texas  question  enter- 
ed the  Senate  at  the  same  lime  that  I  had  the  honor  of  becoming  a 
member  of  the  bodv;  and  although  it  has  been  constantly  ever  since 
presenlinc  itself.  I  must  confess  that  I  did  not  anticipate  that  it 
would  bo7ound  to  be  at  all  connected  with  the  present  question. 
The  causes  of  the  war,  too,  must  be  dragged  into  the  discussion  ! 
I  had  have  hoped  that  all  that  would  have^been  left  for  the  debate 
on  the  volunteers  bill,  which  my  friend  from  Michigan,  before 
me,  is  so  anxions  to  get  up.  But  my  object  in  rising  now  is,  to 
repel  certain  implied  charges  made  by  the  Senator  from  South 
Carolina.  He  charges  the  administration  with  delay  in  communi- 
cating this  matter  to  Congress. 

Mr.  CALHOUN.— I  only  said  that  the  administration  did  not 
regard  the  subject  as  one  of  so  much  urgency,  inasmuch  as  they 
had  full  knowledge  long  ago  of  these  calamitous  occurrences  in 
Yucatan.  I  by  no  means  censured  thera  lor  what  tbey  had  done, 
•but  expressed  the  opinion  that  as  they  had  had  an  opportunity  for 
deliberation,  it  was  proper  that  the  Senate  should  also  have  time 
to  form  their  judgment. 

Mr.  HANNEGAN. — The  delay  was  occasioned  hi  consequence 
of  the  endeavors  of  the  administration  to  collect  information. 
Mr.  CALHOUN. — We  have  not  a  particle  of  that  information. 
Mr.  HANNEGAN. — Pray  whose  fault  is  it?  On  last  Satur- 
day this  message  and  the  accompanying  documents,  were  or- 
dered to  be  printed,  on  Monday  morning  they  were  laid  upon  our 
desks. 

Mr.  CALHOUN,  (in  his  seat.)— 1  did  not  see  the  publication 
until  to-day. 

Mr.  HANNEGAN.— I  received  mine  on  Monday.  The  House 
of  Representatives  did  not  pursue  the  course  which  has  been  tak'^n 
here.  When  theyreceivcd  the  message  they  immediately  called 
upon  the  department  fir  the  correspondence.  They  have  received 
other  corresponJenoe  of  the  Navy  Department  and  the  officers  hi 
the  "ulf.  I  have  got  some  copies  of  this  correspondence,  and  will 
lay  them  on  the  table  of  the  Senate.  The  note  of  Mr.  Sierra  of 
the  8lh  of  .April  presents  in  stronger  language  than  I  can  possi- 
bly command,  the  reasons  which  should  induce  immediate  action 
on  the  part  of  the  Senate.     It  states   the  facts.     They   are    truly 

30th  Cong. — 1st  Session — No.  73. 


appalling.     All  I  ask   is,  that  the  Senate   should  enter  at  once 
upon  the  consideration  of  the  subject. 

Mr.  NILES. — This  debate  has  been  remarkably  pertinent ;  and 
has  at  least  proved  one  thing,  the  propriety  of  giving  gentlemen 
time  to  prepare  their  speeches.  All  the  old  questions  of  the  war 
are,  it  seems,  to  be  discussed  over  again.  We  are  to  have  second 
and  third  editions  of  these  speeches  ;  and  I  do  not  know  but  that 
we  may  run  as  high  as  the  seventeenth  edition.  Now,  however 
"ood  these  speeches  may  be,  they  ha\'e  become  somewhat  obso- 
lete— there  is  not  much  freshness  about  them  ;  and,  therefore,  I 
think  it  would  be  well  to  give    a  few   days  delay  for    preparation. 

It  is  very  certain,  sir,  tliat  we  do  need  additional  information 
on  this  subject.  The  bill  is  one  involving  principles  of  the 
gravest  character.  I,  for  one,  svant  additional  light  before  I  can 
be  prepared  to  act  upon  it.  I  do  not  now  propose  to  go  into  the 
merits  of  the  question.  The  bill  does  not  propose  mere  tempora- 
ry relief,  it  goes  beyond  that  ;  and  the  view  presented  by  the  Sen- 
ator from  New  Hampshire  is  important.  There  certainly  should 
be  some  deliberation  before  we  interfere  with  a  civil  war  in  any 
other  country.  We  should  proceed  with  the  utmost  caution.  I 
am  opposed  to  legislating  under  impulse.  We  should  act  prompt- 
ly, I  admit  ;  but  our  duty  to  the  country  requires  that  we  should 
act  with  great  deliberation. 

The  administration  have  done  no  doubt  what  they  supposed  to 
bo  their  duty,  and  I  hope  the  Scn.ate  will  do  its  duty.  I  must  say 
I  can  see  no  propriety  in  acting  hastily,  as  though  under  the  whip 
and  spur,  upon  great  questions  of  this  kind.  I  have  known  such 
action  here,  sir  ;  at  least  attempts  of  the  kind.  I  have  heard  it 
declared  in  regard  to  great  measures,  some  few  years  ago,  that 
it  was  "now  oiT never."  Sir,  I  do  not  wish  to  act  in  any  such  im- 
pulsive manner.  I  do  not  choose  to  act  under  coercion,  or  in  the 
manner  that  is  implied  by  such  a  remark  as  that.  I  think  we  should 
act  as  promptly  as  the  nature  of  the  circumstances  will  permit  ; 
but  at  the  same  time,  that  our  duty  to  the  country  requires  that 
we  should  not  act  without  giving  to  the  subject  all  the  considera- 
tion which  its  importance  demands.  And,  as  I  said  at  first.  I  be- 
lieve the  delay  of  a  few  days  will  expedite  our  final  decision  ;  for 
gentlemen  will  have  an  opportunity  to  digest  it,  to  settle  their  own 
judgments,  and  to  narn^w  the  debate,  and  confine  the  discussion 
to  the  essential  points  in  the  case. 

Mr.  CALHOUN. — One  word  in  justification  of  the  course  which 
I  shall  pursue.  It  is  important  that  we  should  have  a  knowledge 
as  to  the  nature  of  this  conflict  in  Yucatan.  I  have  never  seen 
the  documents  relating  to  the  matter  until  this  morning.  I  have 
had  no  information  except  such  as  is  contained  in  the  public  papers, 
and  upon  such  information  I  never  act.  I  desire  to  have  the  offi- 
cial information,  for  which  the  Executive  department  waited  so 
long  before  they  made  up  their  minds  to  act  in  this  mattei,  which 
calls  so  loudly  upon  their  humanity.  As  soon  as  I  get  that  infor- 
mation I  shall  be  ready  to  act. 

The  question  was  then  taken  upon  the  amendment  proposed  by 
Mr.  Calhoun,  to  the  motion  of  Mr.  Hannegan,  making  the  bill 
the  special  order  for  "  Saturday  next,"  instead  of  "  to-morrow," 
and  it  was,  upon  a  division,  determined  in  the  negative  : 

For  the  amendmeiif,        -  -  -  -  -  -  I'i 

Against  it,  -------  17 

Majority  against  tiie  jiiolion,      -----  .', 

Mr.  H-ALE  then  moved  to  amend  the  motion  by  substituting 
"■  Monday  next,"  for  "  to-raorrow." 

Mr.  HANNEGAN  demanded  the  yeas  and  nays,  which  were 
ordered;  and  the  question  being  taken,  it  was  decided  in  the  neg- 
ative, as  follows  : 

YEAS— Messrs.  Batlcer.  IJaldwin.  Rell.  Cilhomi.  Clarke,  ClaytoD,  Crittenilea . 
Daylon.  Greene,  Hale.  Johnson,  ot  Louisiana,  Niles,  Spniance,  TTnrierwood.  znA 
Upham. — Jj. 

NAYS —Messrs.  Allen,  Atchison,  .-Vtherton,  Bagby,  Bentou,  Borland,  Brsese. 
Rristht,  Butler,  Ca.^5,  Davis,  ol'  >Iisiissi(ipi,  Felcli,  Foote,  Hannegan,  Houston, 
Lewis,  Moor,  Stnr^eon,  Turney,  .tnd  \\*e=tcott — "21. 

The  question  was  then  taken  on  Mr.  Hannegan's  original  mo- 
tion, to  postpone  the  bill  and  make  it  the  special  order  for  to-mor- 
row, at  one  o'clock,  and  it  was  agreed  to. 


On  motion, 
The  Senate  then  adjourned. 


578 


PRIVATE  BILLS,  ETC. 


[Friday, 


FRIDAY,  MAY  5,  1848. 


MESSAGE  FROM  THE  PRESIDENT. 

A  message  was  received  from  the  President  of  the  United  States, 
by  Mr.  Walker,  hi.-i  Secretaiy,  in  answer  to  a  resoUition  ol  the 
Senate  ol' the  4th  insiant.  tranMnittina;  the  correspondence  between 
the  Secretary  of  Slate  and  ihe  representative  of  Yucatan. 
On  motion  by  Mr.  HANNEGAN,  it  was 

Ordered,  That  it  bo  prii  ted. 

'VIRGINIA  lAND  WARKANTS. 

Agreeably  to  notice,  Mr.  ALLEN  asked  and  obtained  leave  to 
bring  in  a  bill  further  lo  extend  the  time  for  locating  Virginia  mil- 
itai-y'land  warrants,  and  re  iirning  surveys  thereon  ;  which  was 
read  the  first  and  second  times  by  unanimous  consent,  and  refer. 
red  to  the  Committee  on  Puhiic  Lands. 

GRANT  OF  LAND  TO  MISSOURI. 

Agreeably  to  notice.  Mr.  ATCHISON  asked  and  obtained  leave 
to  bi-ins  in  a  bill  erantinc  to  the  State  of  Missouri  the  right  of 
way  and  a  donation  of  public  lands,  for  making  a  railroad  con- 
necting the  town  of  St.  Joseph  im  the  Missouri  rivei ,  with  the 
town  of  Hannibal,  on  the  Mississippi  river  ;  which  was  read  iha 
first  and  second  times  by  unanimous  consent,  and  referred  to  t!l6 
Coram.iitee  on  Public  Lands. 

UNITED  states'  COURT  IN  TENNESSEE. 

Agree.ibly  to  notice,  Mr.  BELL  asked  and  obtained  leave  to 
bring  in  a  bill  to  authorize  the  District  Judge  of  the  State  of  Ten- 
nessee  to  hold  a  special  term  ;  which  was  read  and  passed  to  the 
second  reading. 

Mr.  BELL. — I  trust  that  there  will  be  no  objection  to  the  pas- 
sage of  the  bill  at  this  time.  It  is  one  to  which  I  cannot  conceive 
there  will  be  anv  objeciion.  It  is  purely  of  local  interest,  and 
there  is  a  necessity  that  it  should  be  parsed  at  once,  in  order  to  bo 
of  anv  avail.  The  distance  between  the  two  exterior  counties  of 
the  State  is  between  two  and  three  hundred  miles  ;  and  there  is 
but  one  district  judge  who  is  required  to  bold  two  terms  in  each 
year.  It  is  desirable  that  the  privilege  should  be  given  to  him 
to  hold  a  special  term  in  order  to  expedite  the  business.  I  trust 
there  will  oc  no  objection. 

Mr.  AVESTCOTT.— I  feel  myself  bound  to  object  to  any  bill, 
for  altering  the  plan  for  holding  courts  in  any  State,  until  it  has 
received  tiie  approbation  of  the  committee,  and  has  been  regularly 
reported. 

Mr.  TURNEY,  (in  his  seat).— It  does  not  propose  to  change 
t\e  place  of  holding  the  courts. 

Mr.  WESTCOTT. — There  are  a  number  of  applications  of 
that  sort  from  several  S'liles  of  the  Union,  and  the  Judiciary  Com- 
mittee has  had  a  great  deal  of  difficulty  in  regard  to  them.  Much 
con!iision  is  likelv  to  be  crc.ited,  and  no  bill  out;ht  to  be  passed, 
until  it  has  gone  through  the  regular  coarse.  I  must  insist  on  my 
objection. 

Mr.  BELL. — It  is  merelv  for  the  convenience  of  the  judge,  to 
enable  him  the  better  to  despatch  the  busii  ess  belonging  to  his 
court.  I  do  not  see  why  the  Judiciary  Committee  should  be 
t"-)ubleJ  with  a  local  matter  of  this  kind.  It  does  not  derance 
the  judicial  system  at  all  ;  but  if  the  Senator  from  Florida  insists 
on  his  objection,  I  suppose  we  must  submit  to  the  delay,  and  allow 
the  bdl  to  20  to  the  committee.  I  trust,  however,  it  will  bo 
speedily  permitted  to  pass. 

Mr.  BUTLER.— I  hardly  think  it  is  u  bill  of  such  a  character 
as  to  require  that  it  shnnid  bo  referred  to  the  Committee  on  the 
Judiciary.  I  understand  that,  it  is  simply  intended  to  supply  an 
omission. 

Mr.  BELL.— I  will  state  rurthor  to  the  Senator  from  South 
Carolina  ;  that  it  is  simply  aulhori/.ins  the  judge  to  hold  a  special 
term  whenever  he  ma;,  find  it  expedient,  on  account  of  any  ob- 
struction which  may  have  prevented  him  from  holding  the  court  at 
the  apjiointed  time. 

Mr.  BUTLER.— On  principle  then  it  is  neither  more  nor  loss 
than  I  have  said,  lo  supply  an  omission  in  regard  to  a  matter  that 
is  incident  to  almost  all  the  courts  I  have  ever  known.  Some  of 
the  bills  that  are  before  the  Judiciary  Cornmitlec  are  very  embar- 
rassing, so  far  as  regards  the  creation  of  new  circuits,  or  addi- 
tional'judges.  And  any  amendment  of  any  kind  that  is  ealeulalod 
to  introduce  a  new  feature  ought  to  go  before  the  committee,  in 
order  lo  ho  reconciled  with  the  general  system.  I  think,  however, 
that  this  bill  does  not  coino  within  that  description. 


Mr.  WESTCOTT, — From  what  I  gather  in  regard  to  this  bill 
I  shall  feel  myself  bound  to  oppose  it.  The  expenses  of  our  judi- 
ciary system  are  a  subject  of  great  complaint  ;  and  these  expenses 
are  being  continually  augmented  under  one  pretext  or  another 
One  mode  of  increasing  the  expense  is,  by  creating  additional  pla- 
ces  for  holding  these  federal  courts.  Virginia,  I  believe,  has  five 
or  six  separate  places  at  which  courts  of  the  United  States  arc 
held;  Tennessee  has  two  or  three  districts,  I  believe.  The  grand 
jurors,  petit  jurors,  marshals,  and  officers  of  the  court  all  will 
get  their  per  diem  at  these  special  terms,  which  laws  like  this 
now  proposed  allow,  adding  enormously  to  the  expense  of 
the  judiciary  system.  I  have  resisted  the  attempt  to  get  these 
increased  expenses,  durmg  all  the  time  I  have  been  a  member  of 
the  Judiciary  Committee.  I  hope  the  bill  will  be  referred  to  the 
committee. 

Mr.  BELL. — The  Senator  seems  to  misunderstand  the  object  of 
the  bill.  But  I  suppose  his  objection  is  available,  no  matter  upon 
what  ground  he  places  it.  The  bill  must  of  course  go  to  the  com- 
mittee. 

Mr,  TURNEY, — It  does  seem  to  me  that  there  can  be  no  ne- 
cessity for  a  reference  of  this  bill  to  a  committee. 

The  PRESIDING  OFFICER.— A  single  objection  is  sufficient 
to  prevent  tlie  action  of  the  Senate  upon  the  bill  without  a  refe- 
rence. 

The  bill  was  then  read  the  second  time  by  unanimous  consent, 
and  referred  lo  the  Committee  on  the  Judiciary. 

NAVAL  PENSIONS, 

Mr.  YULEE,  from  the  Committee  on  Naval  Affairs,  reported    ■ 
a  bill  renewing  certain  naval  pensions  for   the   term  of  five  years, 
and  extending  the  benefits  of  existing  laws   respecting  naval  pen; 
sions  to  engineers,  firemen,  and  coal  heavers  in   the  navy,  and  to 
their  widows  ;  which  was  read  and  passed  to  the  second  reading. 

PRIVATE  BILL. 

Mr,  YULEE,  from  the  same  committee,  reported  a  bill  for  the 
relief  of  commander  James  M.  Mcintosh  ;  which  was  read  and 
passed  to  the  second  reading. 

ADVERSE  REPORTS. 

Mr.  YULEE,  from  the  same  committee,  to  whom  were  referred 
the  petitions  of  John  H,  Williams  ;  Passed   Midshipman  John  L 
Worden  ;  Susan  T.  E.  Williamson,  widow  of  Charles  L.William- 
son ;  Henry  La  Reintree,  and  of  Samuel  Raub,  submitted  adverse 
reports  ihercon  ;  which  weic  ordered  to  bo  printed. 

PRIVATE    BILLS. 

Mr.  WESTCOTT,  from  the  Commilteo  of  Claims,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  for  the 
relief  of  John  Morgan,  reported  it  with  an  amendment  ;  and  sub- 
mitted a  special  report  on  the  subject,  which  was  ordered  to  bo 
printed. 

Mr.  WESTCOTT,  from  the  same  committee,  to  whom  was 
referred  the  bill  from  the  House  of  Representatives  for  the  relief 
of  G.  de  Lirae,  reported  it  without  amendment. 

Mr.  WESTCOTT,  from  the  same  committee,  lo  whom  was 
referred  the  bill  from  the  House  of  Representatives  for  the  relief 
of  William  T.  Holland,  reported  it  without  amendment ;  and 
asked  the  unanimous  consent  of  the  Senate  to  its  immediate  coiisi. 
deration. 

The  bill  was  then  considered,  by  unanimous  consent,  and  passed 
over  informally. 

THE    ADA.MS    TESTIMONIAL. 

The  Senate  proceeded  to  consider  the  following  resolution,  sub- 
mitted on  the  28th  ult.  by  Mr.  Hale  : 

Itrsuli-cil,  Tlialtlic  Secretary  ol' ihi- Sciisle  procure,  for  Ihc  use  of  tire  tfeimle. 
.'i.OOtI  co|pie^o^■t^le  tidJiCiSes  maile  by  ttie  Sjn-akcr  autl  the  members  of  the  House  of 
ni'iiresentiitives,  anil  of  tlie  aildresses  marte  to  tlie  Senate,  together  with  tlie  iliscourso 
of  the  Rev.  Mr.  Giirley.  upon  tlie  oieasion  of  the  ilealh  of  the  Hon,  John  Qnincv 
.■\(liiin!,:  Provided  rlicy  can  be  ot)tained  upon  the  same  terms  that  ^0,U00  copies  of  the 
same  were  furnished  to  the  House  of  Representatives, 

Mr.  TURNEY  moved  to  lay  the  resolution  on  the  table. 

On  this  question  a  division  was  called  for,  and  no  quorum  vo. 


ted. 

The  PRESIDING  OFFICER  again  put  the  question  on  the 
motion  to  lay  the  resolution  on  the  table, 

Mr.  ALLEN  demanded  the  yeas  and  nays,  which  were  ordered, 
and  it  was  determined  in  the  affirmative  as  follows  ; 


May  5. J 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


579 


VjjAS— Messrs.  Allen,  Alchison,  Atlierton.  Ba^by.  Borland.  Brecse,  Bright,  But- 
let  Calhonn.  Cass.  Criltenilen.  Felch,  Foote,  Houston,  Jolinsoii.  of  Georgia,  Lewis, 
Moor  Niles,  Sturgeon.  Tnniev,  Uniierwnod.  VVeslcott,  anil  Yulee— 21!. 

NAYS— Messrs.  Baldwin,  Bell,  Clarke,  Clayton,  Davis,  of  Ma-sachiise(ti,  Greene, 
Hale,  Jolinson,  of  IMaryland,  Johnson,  ot  Louisiana,  and  Upham— 10. 

So  the  resolution  was  laid  on  the  table. 

DEFERRED  NOMINATIONS. 

The  Senate  proceeded  to  consider  the  following  resolution,  sub- 
mitted on  the  2.Sth  ult.  by  Mr.  Johnson,  of  Maryland,  and  it  was 
agreed  to  : 

Resolvrd,  That  the  Presiilent  of  the  United  States  he  requested  to  inform  the  Sen- 
ate whethei  any  officers  are  now  in  tlie  mihtarv  or  civil  service  of  tlio  United  States, 
under  appointments  from  the  President,  which  have  not  been  submitted  to  the  Senate; 
'.nd,  if  Uiere  be  any  such  apjioinlmeols,  that  he  state  the  date  of  such  appointments, 
and  why  it  is  that  if  has  not  been  m  the  power  of  the  President  to  submit  them  to  the 
consideration  of  the  Senate. 

HOUSE    BILLS  REFERRED. 

The  bill  from  the  House  to  amend  an  act  entitled  "An  act  snp- 
plemenlal  to  the  act  entitled  ''An  act  providing  fur  the  prosecu- 
tion nf  the  exislingr  war  between  the  United  States  and  the  repub- 
lic of  Mexico,'  "  was  read  a  first  and  second  time,  and  referred 
to  the  Committee  on  Military  Affairs. 

The  joint  resoUition  from  the  House  extending  the  time  for  the 
ercotion  of  certain  lighthouses,  was  read  twice,  and  referred  to 
the  Committee  on  Commerce. 

RECONSIDEEATON. 

Mr.  ALLEN  said  the  Senate  had  adopted  a  measure  of  some 
Importance  (alluding  to  the  resolution  just  agreed  lo)  without 
their  attention  being  drawn  to  it.  and  he  moved,  therefore,  that 
the  vote  bo  reconsidered. 


THE   YUCATAN   BILL. 


Mr.  JOHNSON,  of  Maryland. 
ator  voted  for  the  resolution. 


-I  will  inquire  whether  the  Sen- 


Mr.  ALLEN. — I  believe  that  the  resolution  was  passad  sub  si- 
lentio,  and  that  it  attracted  no  attention. 

Mr.  JOHNSON,  of  Maryland.— The  question  I  put  is  whether 
the  Senator  voted  for  the  resolution;  because,  unless  he  did,  he 
cannot  move  a  consideration. 

Mr.  ALLEN.— Why  really  I  do  not  think  I  voted  at  all;  but  I 
will  ask  somebody  who  did  vote,  to  move  the  reconsideration. 

Mr.  BREESE. — So  far  as  I  am  informed,  i;  is  the  constant  prac- 
tice for  any  member  to  move  a  reconsideration, 

Mr.  BAGBY. — I  am  certain  I  did  not  vote,  for  I  did  not  hear 
the  resolution  read. 

The  PRESIDING  OFFICER.— In  the  opinion  of  the  chair,  a 
motion  for  reconsulcration  cannot  be  made  except  by  some  Sena- 
tor who  voted  for  the  resalulion. 

Mr.  JOHNSON,  of  Maryland.— I  would  ask  the  Senator  from 
Ohio,  what  his  object  is  in  having  the  vote  reconsidered. 

Mr.  ALLEN. — My  object  is  to  call  the  attention  of  the  body  to 
the  question  which  the  resolution  presents,  and  that  is,  whether  it 
is  in  order  for  the  Senate  of  the  United  States,  to  demand  of  the 
President  his  reasons  for  not  sending  in  his  nominations  within  a 
given  time  ?  Has  not  the  President  an  equal  right  to  demand  of 
the  Senate,  why  they  have  not  conrtrraed  his  nominations  ? 

Mr.  JOHNSON,  of  Maryland. — If  the  Senator  means  to  discuss 
the  question,  I  have  no  objection  at  all  that  he  should  move  the  re- 
consideration, in  order  that  we  may  have  the  discussion  at  once. 

The   question   being   put,  on  the   motion   to   reconsider,  it  was 
agreed  to. 
The  question  recurring  upon  the  adoption  of  the  resolution. 

Mr.  HANNEGAN  inquired  whether  it  would  not  necessarily 
lie  upon  the  table  for  one  day  under  the  rule  ? 

The  PRESIDING  OFFICER  replied  that  it  would  not. 

Mr.  ALLEN  then  moved  that  the  resolution  be  laid  upon  the 
table. 

Mr.  JOHNSON,  of  Maryland.— I  thought  the  Senator  was 
about  to  discuss  the  question. 

Mr.  ALLEN. — My  only  object  was  to  call  the  attention  of  the 
Senate  to  the  subject,  in  order  that  no  incautious  proceedings  of 
this  kind  should  be  had.  I  believe  there  is  no  instance  upon  the 
journals  of  this  body,  of  the  Senate  having  demanded  of  the  Presi- 
dent, why  he  had  not  done  a  particular  thing,  which,  by  the  con- 
stitution, he  has  a  right  to  do  at  any  time  during  the  continuance 
of  the  session.  If  it  be  in  order  to  call  upon  the  President  now,  to 
shew  cause  why  he  has  not  sent  in  the  nominations,  it  was  quite  as 
much  in  order  to  do  so  on  the  second  day  of  the  session;  and  by  a 
parity  of  reasoning,  the  President  would  have  an  equal  right  to 
call  upon  the  Senate  to  know  why  we  have  not  confirmed  his  nomi- 
nations, or  rejected  them,  within  a  given  time. 

Mr.  H.\NNEGAN   moved  that  the   Senate  proceed  to  the  con- 
sideration of  the  special  order. 

The  motion  was  agreed  Co. 


The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  bill  to 
enable  the  President  of  the  United  States  lo  take  temporary  mili- 
tary occupation  of  Yucatan,  which  is  as  follows  : 

.i  Bill  to  enable  the  President  of  the  United  Stntes  lo  take  temporarij  mUitary  occu- 
patvm  of  Yucatan. 

Be  it  enacted  by  tfti  Senate  and  Utilise  of  Representative-^  of  the  United  States  of 
America  in  Consrr-ss  asseinblcd.  That  the  President  of  the  United  8tates  be.  and  he 
is  hereby,  authorized  to  take  temporary  military  occ'ipation  of  Yucatan,  and  to  em- 
ploy Ihcarmv  and  navy  of  the  United  States  lo  assist  the  people  of  Yucatan  in  repel- 
lin"  the  incursions  of  tlie  Indian  savages  now  overrunning  and  deva-sLating  thatcoQQ- 
try. 

Sec.  2.  Andhe  it  further  enacted.  That  the  President  be,  and  he  is  hereby,  autho- 
rized and  em|)owered  to  famish,  on  such  terms  and  con  itions  as  he  may  deem  i>roper, 
to  the  white  population  of  Yucatan,  such  arms,  ammunition,  ordnance,  and  other 
military  means  as  they  mav  need  to  enable  them  to  resist  and  repfl  the  Indian  hostili- 
ties now  waged  against  ttieni.  and  lo  restore  [leace  and  security  to  their  country. 

Sec.  3.  .indhe  it  jnrthcr  enacted.  Thas  the  President  b:,  and  he  is  here. y.  autho- 
rized and  empowered  to  accefit  the  services  of  an  equal  number  of  volunteer  trooits  to 
sopiily  the  place  of  such  as  mav  be  witiidrawn  from  their  [iresant  duty,  hy  virtueuf 
this  act:  Provided.  Theirservices  shall  be  required.  The  same  to  be  raised  Jbrservice 
ilarins  tiie  svar  with  Mexico,  agreeably  lo  the  act  of  May  Ibirteentli,  eighteen  liundietl 
and  forly.six,  and  March  lliird,  eighteen  hundred  and  forty-seven. 

Mr.  HANNEGAN. — When  the  message  of  ilie  President  waj 
received,  and  before  it  was  referred  to    the   conimitlee,    I   enter- 
tained 'he  hope    that   action,   and    prompt    and    decided    action, 
would  be  taken,  in  pursuance  of   the  recommendation  of   the  mes. 
sage,  without  debate,  or  at  least  wilhout  opposition.     I  am  satis- 
fied, however,  from  what  li.ts  transpired,  that  we  have  opposition 
to  aniicipate,  and  in  opening  the  matter   at  this  time,  I  shall  con- 
fine myself  to  a  very  few  observations,  and    those   mostly  in  reply 
to  the  suggestions  which  fell  from  the  Senator  from  South  Corolma 
on    Saturday.      Those    suggestions — for   they    were    suggestions 
rather  than  arguments — comprise    I    believe  the   only    objections 
that  have  been,  or  can  be  offered  upon  the  .r.erits  of   the  question, 
and  without  further  premise  or  prclace,  I  shall  at  once   proceed  lo 
consider  them  in  the  order  in  which  they  present  themselves  to  me. 
The  Senator  expresses  his  surprise  that  the  President  should  hava 
taken  an  occasion  of  this   kind   to    recommend   io    Congress    tha 
armed  occupation  of  Yucatan  even    for   a   temporary  period.     Ha 
pronounces  it  to  be  in  his  opinion    most   inopportune  ;  and    poinis 
•with  alarm  to  the  results  which    are  to    follow.     But   tiie  tlistia- 
fuished  Senator  ha?  failed  to  point  out  the  results  which  he  seera3 
to  eonsiderer  so  formidable.     I,  myself,  after  ihe  closest  and  most 
deliberate  sciutinv  which    I  have  been  able    to  give  to  the  subject 
have  been  unable 'to  discover  the    alarming   dangers  which,  like  a 
hidden  ledge  of  rocks  beneath    tha    smooth  surface    of  the   sea.  in 
the  Senator's  apprehension,  are   covered  by  the    plain  and  explicit 
lanfuase  of  the    message.     The    meaning  of  tha  message,  it  ap- 
peals to  me  is   obvious";  the    case    is    there    plainly    aiul    clearly 
stated,  and  it  is  also  fully  given    in    the   documents  which  accom- 
pany if.     Yucatan  applies  to  the    United  States  for    assistance  to 
protect  her  people  against  the   barbarous  savages   who  are  pursu- 
ing theiTi,  their  wives   and   families    to  the   ocean.     They  appeal 
to  us  by  every  obligation  which    men    hold   dear   to  come  lo  their 
rescue'  or  else  in  a  few  short  months  from    this  period,  they  must 
cease  to  exist.     The  President  presents  the  case  to  Congress,  and 
the  committee  to  whom  the  subject  was   rtferred,  report   a  bill  as 
strictly  in  accordance  with  the  recommendation    which   the  mcs- 
sase  contains  as  a   bill  can  be  drawn.     We  propose   by  the  bill  to 
leave  it  to  the  discretion  of  the  President    lo  furnish    to  Yucatan 
munitions  of  war,  and  all  necessary  means  of  defence  and  protec- 
tion.    We  propose   moreover  to  alLnv  him  to  abstract  from  Mexi- 
co, or  from  any  part  of  the  United  Stales,  sufficient  force  to  meet 
and  drive  back  the  savages  who    perhaps   before    this  day  are   in 
possession  of  the  capital  of  Yucatan.     We    propose  to    go  no  far- 
ther than  this.     The  President  does    not   ask   for    the   permanent 
occupation  of  Yucatan.     The  bill  expressly  prohibits  the  thought ; 
it  declares  by  its  title  that  it  shall    be    but  a   temporary   military 
occupation.     No  man  has  dreamed  as  yet,  so  far  as  I  know,  of  tha 
permanent  occupation  of  the  territory  of  Yucatan.     There  are  mo- 
tives, however,  which  may  lead  us  to  such  a  result.     As  the  Sena- 
tor from  South  Carolina  has  remarked,   we  may  be  led  we  know 
not  where.     Considerations  may  arise   which   wul  lead  us  beyond 
our    first    intentions,  and    render  it   imperative   that   we   should 
convert  this  temporary  occupation   into  something  more.     I  am 
thus  frank  in  the  outse't,  for   I  desire   no   disguise.     Let  it  be  re- 
membered, however,  that  these  are  ray  own  individual  feelinos  and 
opinions  ;  and  that  I  speak  only  for  myself. 

Sir,  there  is  a  mcst  formidable  power  in  Europe  menacing  Ameri- 
can interests  in  that  country,  and  let  me  add  American  institutions 
too.  That  power  is  hastening  wiih  race-horse  speed  to  seize  upon 
the  entire  Isthmus.  Heretofore,  by  slow  degrees,  according  to  her 
usual  policy,  England  has  got  possession  of  various  points  along 
the  gulf  coast  of  the  Isthmus.  Now,  sir,  we  have  authentic  infor- 
mation that  at  this  hour,  despite  the  assertion  of  the  Senator  frora 
South  Carolina — whose  information  and  whose  opinions  I  always 
hold  in  the  most  profound  respect  and  veneration — ijespite  the  state- 
ment of  the  Senator,  that  England  has  enough  to  attend  to  at  home, 
and  will  not  attempt  to  interfere  with  the  affairs  of  Yucatan,  we 
have  authentic  information  that  she  has  interfered  in  the  aflkirs  of 
Yucatan  already.  England  has  seized  upon  the  territory  ol  the 
Belize.  She  holds  that  absolutely.  Farther  south  the  »-hole  Mos- 
quito coast  is  in  her  possession  :  and  if  not  openly,  by  her  agents 
she  has  advanced  her  troops  and  actually  seized  upon  the  southern 
portion  of  Yucatan,  under  the  pretence  of  taking  care  of  British 
mterests  there.  England  -'enough  to  do  take  care  of  her  own  af- 
fairs at  home !"    England  never  saw  the  day  whea '  'she  had  enongh 


580 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Fkiday , 


to  do  at  home."  Since  the  remarks  of  the  Senator  from  South 
Carolina  were  made  on  Saturday,  the  steamer  has  arrived  with 
the  intelligence,  that  while  all  the  other  powers  of  Europe  are 
convulsed  and  distracted  with  internal  dissensions,  Enf;land  has  had 
the  ability,  without  shedding  a  single  drop  of  blood  to  allay  the 
tempest  that  was  tureatenmg  to  dfelurb  her  domestic  tranquility, 
and  to  laugh  at  the  threatenings  of  her  disatieeted  subjects  !  Eng- 
land never  yet  had  "enough  to  do  at  home"  to  prevent  her  from 
extending  her  power  all  over  the  habitable  globe.  England  cher- 
ishes the  design,  at  this  moment,  to  secure  the  most  practicable 
route  for  an  artificial  means  of  communication  between  the  two 
oceans,  and  to  efTect  that  object  she  is  gradually  and  rapidly 
absorbing  the  entire  Isthmus.  Unless  we  act,  she  will  ac- 
complish her  purpose.  Does  any  man  suppose  for  a  moment  that 
the  miserable  traffic  in  dye-woods,  which  is  the  principal  article 
of  commerce  there,  is  what  is  leading  England  so  steadily 
and  regularly  to  seize,  foot  hy  foot,  all  the  territory  of  which 
she  can  obtain  pos.session  in  that  quarter  of  the  globe  ?  No ! 
It  is  the  great  and  mighty  object,  which  I  have  just  indi- 
cated. In  Yucatan  she  has  another  and  a  higher  object. 
She  has  in  fact  a  double  purpose.  The  lirst  relates  to  herself,  but 
the  .second  strikes  directly  at  us.  Look  at  the  position  of  Yuca- 
tan !  Look  upon  the  map — she  how  she  stands  out  in  almost 
juxta-position  with  Cuba  I  She  shakes  hands  with  Cuba  !  The 
possession  of  Yucatan  by  England,  would  soon  be  followed  by  the 
possession  of  Cuba.  I  entertain  no  doubt  that  if  she  secure  Yuca- 
tan now,  five  years  hence  we  shall  see  her  in  possession  of  Cuba. 
I  doubt  it  no  more  than  I  do  my  own  existence.  I  doubt  it  no 
more  than  I  doubt  that  the  trees  will  put  forth  their  leaves,  and 
that  the  grass  will  renew  itself  next  spring.  It  is  inevitabie. — 
Every  indication  points  to  it.  The  conduct  of  England  tends  di- 
rectly to  it.  We  have,  I  may  say,  authentic  information  that  at 
this  very  hour  she  is  taking  steps  to  accomplish  that  object.  Give 
her  Yucatan  and  Cuba,  and  what  will  be  the  result  ?  That  very 
instant  the  Gulf  of  Mexico  will  be  under  her  control.  It  becomes 
,  mare  clausum  .'  The  whole  coast  of  the  United  States,  from  Cape 
Sable  to  the  mouth  of  the  Rio  Bravo — a  coast,  with  all  its  sinuos- 
ities, nearly  t«-o  thousand  miles  in  extent — is  as  locked  in  as  it 
possibly  could  be  by  fortified  positions.  Cuba  has  been  called  the 
key  of  the  gulf.  Yucatan  and  Cuba  combined  are  the  lock  and 
key.  Place  them  in  the  hands  of  England,  and  she  controls  ihe 
mouth  of  the  Mississippi,  as  absolutelj^  as  she  controls  the  mouth 
of  the  Thames!  We  shall  not  be  able  to  go  in  or  out  without  her 
permission.  Is  it  not  enough  that  she  holds  all  the  maritime  pow- 
er of  the  North  Atlantic  coast?  Is  it  not  sufficient  that  she  holds 
Halifax,  standing  out  as  it  does — that  mighty  observatory,  the  most 
prominent  feature  of  the  coast  ?  Shall  we  stand  still,  quietly  fold- 
ing our  arms  while  she  is  proceeding  thus  to  hem  us  in  and  encir- 
cle us  with  her  possessions  ?  Shall  we,  by  rejecting  this  bill,  show 
that  we  are  willing  to  acquiesce  in  her  aggressions  ? 

Sir,  will  the  American  government  stand  quietly  by  and  see 
England  take  possession  of  Yucatan — and  if  we  refuse  to  act  she 
will  do  so,  for  she  is  acting  in  advance — she  has  taken  the  first 
step;  the  Governor  of  Jamaica  has  been  already  appealed  to,  and 
he  will  probably  respond  to  that  appeal  before  we  act?  If  we  fold 
our  arras  and  refuse  to  render  assistance  to  drive  back  the  savages 
and  protect  Yucatan,  the  probability  is — nay  it  is  a  certainty — 
that  England  will  seize  upon  Yucatan  and  afterwards  upon  Cuba. 
There  is  one  feature  in  this  correspondence,  to  which  I  csjiccially 
desire  to  call  the  attention  of  the  Senate,  to  show  the  design  of 
England.  The  allusion,  in  one  ol  the  letters  of  Mr.  Sierra,  the 
commissioner  of  Yucatan,  is  so  broad  as  not  to  be  misunderstood; 
that  England  is  absolutely,  through  her  agents,  furnishing  these 
Indians  with  arms  and  munitions  of  war  to  enable  them  to  pursue 
this  horrible  massacre. 


Mr.  JOHNSON,  of  Maryland.- 
British  government  is  doing  this  ? 


•Does  the   Senator  say   that  the 


Mr.  HANNEGAN.— Yes !  I  say  that  England  through  her 
agents  is  furnishing  these  Indians  with  arms.  The  Indians  who 
are  driving  the  inhabitants  to  the  sea  coast  are  armed  with  Brit- 
ish muskets,  bearing  the  mark  of  the  Tower  of  London.  It  is 
more  than  suspected  that  tlioy  are  supplied  through  the  instru-  ■ 
mentality  of  Mr.  Patrick  Walker,  the  British  agent  at  the  Belize, 
where  England  has  establishod  a  depot  of  arms.  Where  else  do 
they  procure  them  ?  In  one  of  the  communications  to  the  Secreta- 
ry of  State  the  allusion  to  this  fact,  is  so  broad  that  it  almost 
amounts  to  a  distinct  charge.  I  put  it  then  to  the  Senate,  if  wo 
stand  quietly  by.  if  we  are  deaf  to  the  appeal  now  made  to  us,  if 
we  refuse  to  respond  to  it,  thd  inevitable  result  will  be,  that  Eng- 
land will  seize  upon  bnlh  Yuealaii  and  Cubit.  The  honorable 
Senator  from  South  Carolina  has  declared,  that  this  was  a  most 
inopportune  and  improper  moment  for  the  President  to  express 
opinions  of  this  kind.  Why?  What  is  there  in  the  alFairs  of  the 
world  to  makcMt  so  ?  If  England,  as  the  Senator,  anticipated, 
when  he  made  the  rem.-irk,  was  upon  the  verge  of  internal  com- 
motion, would  she  therefore  be  incapacitated  from  carryin"  out 
her  designs  ?  England,  says  the  Senator,  will  no  more  think  of 
taking  possession  of  Yucatan,  or  throwing  her  troops  into  that 
province,  than  he,  as  an  individual  would  think  of  seizing  upon 
that  province.  Will  ho  then  be  good  enough  to  accotuit  to  the 
Senate  and  the  country  for  the  steps  which  she  has  been  taking, 
and  in  which  slie  persists?  She  has  seized  by  violence,  or  by 
fraud,  every  foot  of  land  which  she  holds  south  of  Yucatan  ?  Sir, 
I  am  satisfied  that  under  no  circumstances  will  England  construe 
our  language  or  out  course  as  disrespectful  to  her.    But  oven  il' 


she  does  it  will  not  matter  a  hair  with  me.  If  we  interpose  the 
great  prineij)le  laid  down  by  Mr.  Monroe,  reiterated  by  Mr.  Polk, 
England  will  hold  bands  off!  Never — never  will  she  plant  her 
foot  where  we  have  placed  ours  firmly  !  It  is  only  when  our  hesi- 
tation or  our  tameness  shall  encourage  her,  that  she  will  present 
her  advancing  front.  I  trust  no  Senator  thinks  that  I  am  weak 
enough  to  believe  that  she  is  afraid  of  us.  No  !  The  English 
heart  never  knew  fear.  But  il  is  not  her  interest  to  fight  us. 
For  no  cause  short  of  the  sacrifice  of  her  honor — of  her  character — 
of  her  reputation — would  England  fight  us,  simply  because  it  is  not 
her  interest  to  fight  us.  If  her  interest  led  her  to  engage  in  conflict 
with  us,  if  hor  honor  was  involved,  if  her  character  or  reputation  were 
at  stake,  though  she  had  read  in  the  book  of  doom,  that  the  result 
would  be  her  national  annihilation,  I  believe  she  would  fight  us  or 
any  other  nation  on  the  face  of  the  earth.  Such  is  the  indomitable 
character  which  England  has  ever  exhibited.  But  she  has  an  eye 
ever  open  to  her  interests.  The  destruction  of  British  interests 
would  be  the  consequence  of  a  war  with  the  United  States.  This 
she  knows  full  well. 

Mr.  President,  the  Senator  from  South  Carolina  in  the  course  of 
his  remarks,  brought  before  us  once  more,  the  phantoms  of  debt  and 
taxation,  in  order  to  deter  us  from  taking  a  step  in  this  matter — 
those  frightful  phantoms  which  are  continually  held  up  to  our  view 
in  terrorem.  No  proposition  looking  to  an  e.xtension  of  our  domin- 
ion, looking  to  our  aggrandizement,  or  to  an  increase -of  the  na- 
tional prosperity  can  be  made,  without  being  met  by  such  opposi- 
tion as  this.  Why,  sir,  to  what  must  we  como?  if  we  are  not 
to  defend  our  honor,  because  of  the  debt  that  must  follow;  if  we 
are  not  to  reach  out  our  hands  and  secure  a  position  vitally  impor- 
tant to  the  interests  of  the  country,  because  a  little  debt  must  fol- 
low, what  are  we  1o  do'?  Are  we  to  fold  our  arms  and  stand  inert? 
No  alternative  is  left  us.  We  will  find  ourselves  iu  the  position 
of  the  Portuguese  government  some  centuries  back.  When  the  ques- 
tion of  constructing  a  canal  was  agitated,  the  resolution  was  taken , 
that  it  would  be  impious  to  construct  it,  because  if  the  Almighty  had 
designed  there  should  be  a  communication,  he  would  have  made  it 
himself!  Are  we  to  be  thrown  back  upon  such  a  position  as  this?  Our 
population  has  increased,  our  prosperity  has  adv. .need,  all  the  ele- 
ments of  national  greatness  have  been  multiplied,  and  yet  because 
our  annual  expenditure  has  proportionably  increased,  he  regards  it  as 
a  proof  of  wasteful  extravagance!  The  .Senator  points  us  to  the  pres- 
ent condition  of  Europe,  and  directs  us  to  the  example  of  England  and 
France.  He  says  that  in  the  accumulation  of  a  debt,  necessarily 
leading  to  enormous  taxation,  one  of  them,  an  old  long  existing 
government,  has  at  last  found  its  grave;  and  the  other,  as  he  anti- 
cipated, was  about  to  follow  it.  Sir,  there  must  be  a  similarity 
in  systems,  before  there  can  be  any  similarity  traced  in  results. 
There  can  be  no  possibility  of  a  true  parallel  being  drawn  between 
the  governments  of  France  and  England,  and  that  of  the  United 
States.  The  nature  of  our  institutions,  the  extent  of  our  territo- 
ry, everything  in  and  around  us,  I'orbids  the  idea  that  we  shall  ever 
see  the  iiour  when  our  people,  like  the  people  of  England  and  of 
France,  will  be  compelled  to  pay  a  tax  lor  the  very  light  of  hea- 
ven !  It  cannot  be.  sir.  The  Senator  from  South  Carolina,  too, 
by  way  of  censure  of  the  existing  state  of  things,  pointed  back  to 
the  administration  of  Mr.  Monroe,  durtng  the  whole  eight  years  of 
which,  I  believe  the  Senator  was  a  member  of  his  cabinet 

Mr.  CALHOUN— (in  his  seat.)— Yes,  sir  :  nearly  the  whole. 

INIr.  HANNEG.VN. — The  Senator  stated  that  the  average  an- 
nual expenses  during  Mr.  Monroe's  administration,  was  about  ten 
millions  of  dollars. 


Mr.  CALHOUN,- 

the  aovornment. 


-(in    his  seat.)     The   ordinary   expenses  of 


Mr.  HANNEGAN. — Now,  does  the  Senator  require  his  attention 
10  be  directed  to  the  striking  contrast  between  the  circumstances  of 
the  country  at  that  period,  and  the  present  time  ?  We  had  not  at 
any  period  of  Mr.  Monroe's  administration,  ten  millions  of  people. 
Where  were,  then,  our  boundaries?  Since  that  period,  our 
population  has  increased  three-fold.  I  believe  it  is  a  mode- 
rate estimate  to  jilace  it  at  twenty-four  millions ;  and  how 
vast  has  been  the  extension  of  our  borders  !  It  is  only  neces- 
sary to  point  to  Pittsburg,  Wheeling,  Cincinnati,  Louisville, 
St.  Louis;  or  New  Orleans,  as  illustrative  of  our  extraordinary  in- 
crease and  progress  in  all  the  most  essential  elements  ol  national 
greatness.  Look  at  New  Orleans,  already  rivalling  the  mighty 
commercial  emporium  of  the  North  on  our  Atlantic  border  ;  and 
look  at  St.  Louis  with  its  one  hundred  thousand  inhabitants,  yet  at 
the  commencement  of  i\Ir.  Monroe's  administration  it  was  little 
more  than  ,a  collection  of  huts  of  Indian  traders!  Tlu'U,  there 
is  Pittsburg,  with  a  population  of  an  hundred  thousand  inhab- 
itants, which  was  then  a  mere  point  of  embarkation  for  emi- 
grants passin"  down  the  Ohio.  My  friend  from  Kentucky  [Mr. 
Crittenden]  know.s  how  long  it  then  took  to  perform  the  jour- 
ney to  Washington  on  horseback.  Since  that  time  we  have  s\w\.  to 
the  foot  of  the  Rocky  Mountains — have  passed  beyond  t-liem — and 
are  now  resting  on  the  shores  of  the  Pacific  !  .-Ml  the  resources  of 
v.ast  territories,  unrivalled  for  productiveness  and  fertility,  have 
been  brought  to  light.  Our  internal  commerce  has  literally  grown 
up  since  that  hour  ;  for  before  we  bad  comparatively  none.  Yet 
the  Senator  from  South  Carolina  complains  that  our  expenses  have 
increased  from  ten  to  thirty  millions  !  Well,  there  is  somethin" 
to  show  for  all  this  augmented  expenditure.  Is  it  to  be  supposed 
that  ten  )icrsons  shall  be  able  to  subsist  on  that  which  only  suffic- 
ed for  the  susteaance  of  two  \ 


May  5.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


581 


Tlio  Senator  admitted  the  oilier  day  that  it  would  be  justifiable 
lo  act  on  one  ground  presented  in  the  message  of  the  President. 
He  remarked  that  we  would  be  justified  in  acting  on  the  ground  of 
humanity  ;  but  he  said  at  the  same  time  tliat  he  did  not  know  how 
far  or  to  what  extent  the  President  ought  to  go. 

Mr.  CALHOUN — (in  his  seat.) — How  far  we  ought  to  go. 

Mr.  HANNEGAN.-I  thought  that  be  included  the  President.  He 
was  not  prepared  to  say,  then,  how  far  we  ought  to  go.  I  ask  il 
we  move  at  all,  can  we  stop  short  of  what  the  bill  proposes  ?  Will 
you  merely  send  them  food  and  raiment  ?  Of  what  avail  would  such 
a  measure  of  relief  be,  unless  accompanied  by  arms  and  munitions 
of  war?  Would  you  send  food  and  raiment  to  feed  and  clothe 
dead  bodies  ?  If  vou  send  them  not  troops  and  munitions  of  war, 
of  what  avail  is  "your  sympathy,  unless  you  mean  to  "  hold  the 
word  of  promise  to  the  ear,  and  break  it  to  the  hope  V  We  con- 
fine ourselves  within  limits,  as  close  and  strict,  as  could  possibly 
be  imposed  in  the  circumstances.  I  repeat,  that  it  is  not  the  in. 
tenlion  of  the  committee,  in  draughting  this  bill,  to  retain  perma- 
nent  pos.session  of  the  territory  of  Yucatan,  unless  there  should  be 
an  absolute  necessity  for  it ;  and  of  course  the  whole  thing  is  with- 
in the  control  of  Congress.  It  is  the  first  time  in  my  life  in  which 
I  have  found  a  gentleman  approving  of  a  measure  on  account  of 
one  good  reason  assigned  for  it,  and  in  the  same  hreatli,  announc- 
his  opposition  to  it,  because  another  reason,  which,  in  bis  judg- 


ing 1 


I  have  al- 


ment,  is  a  bad  one,  is  urged  in  favor  of  its  ado))lion 
ways  understood,  that  according  to  all  sound  rules  of  argument,  if 
nineteen  b.ad  reasons  and  one  good  reason  were  given  for  any  mea- 
sure, the  good  one  was  sulEcient  to  outweigh  nil  the  bad  ones  !  It 
•eems  that  with  the  honorable  Senator  from  South  Carolina,  the 
rule  has  been  reversed,  and  that  the  bad  reason  overrules  and  viti- 
ates the  good  !  The  Senator  also  alleges  that  the  message  of  the 
President  goes  far  beyond  the  doctrine  announced  by  IMr.  Monroe. 
Now,  sir,  the  President  quotes  the  language  of  Mr.  Monroe,  and 
it  seems  to  me  from  an  attentive  examination  of  the  subject,  that 
Mr.  Monroe  goes  beyond  the  President !  In  the  first  place.  I  beg 
to  remind  the 'honorable  Senator,  that  Mr.  Monroe  embraced  in  his 
declaration  both  the  North  and  South  American  continents  ;  while 
Mr.  Polk  has  uniformly  restricted  himself  to  the  former.  In  the 
annual  message  of  Mr.  'Monroe  to  Congress,  in  December,  1823, 
he  Slated,  that  in  the  discussion  of  the  respective  rights  of  Great 
Britain,  Russia,  and  the  United  States,  on  the  north-western  coast 
of  America,  the  occasion  had 

—'*  been  judged  iirojiT  for  asierlins  as  a  principle,  in  wliirli  the  ri^lils  oPtlic  I'nilcd 
States  are  involved,  that  the  Amerinan  continents,  by  the  free  and  indepeudejit  posi- 
tion they  have  asMimeii  mid  maintained,  are  heiioelortli  not  to  be  considered  as  sub- 
jects for  future  colonization  by  any  European  powers." 

In  the  same  message  it  was  declared,  that  we  should  regard  any 
attempt  on  the  part  of  European  powers  to  extend  their  political 
'•system  to  any  portion  of  this  hemisphere  as  dangerous  to  our 
peace  and  safety."     The  message  says  : 

"  Willi  etislin^'  colonies  or  dependencies  of  any  Kuropean  jiowers  we  have  not  in- 
terfered, and  sliall  not  interfere.  But  with  the  govern mellts  who  have  declared  their 
independence,  and  maintained  it.  and  whose  independence  we  have,  en  great  eonsid- 
eralion  and  on  just  jninciples.  acknowledged,  «e  could  not  view  any  interposition  for 
llie  purpose  of  o|)pressing  them,  or  controlling  in  any  other  maniiner  tlieir  destiny,  hy 
any  European  power,  in  any  other  light  than  as  the  manifestation  of  an  unfriendly 
disjiosition  towards  the  I*niled  States." 

To  my  poor  judgment  that  is  as  strong  language  as  Mr.  Polk 
has  ever  used;  and  if  it  is  to  be  regarded  as  ofl'ensive  to  quote  it, 
or  allude  to  it  now,  I  desire  to  know  why  it  was  not  denounced 
when  it  was  first  uttered  ?  I  desire  to  know  how  it  happens  that 
on  the  first  attempt  to  carry  out  in  practice  the  spirit  and  meaning 
of  the  memorable  declaration,  the  Senator  from  South  Carolina 
should  think  pi'oper  to  denounce  it,  when  be  was  certainly  com- 
mitted to  it  himself  as  a  member  of  Mr.  Monroe's  cabinet  ?  I 
await  the  exp'anation  of  the  honorable  Senator.  If  it  be  odensive 
to  him  now  that  the  danger  is  impending,  ond.when  we  are  in- 
voked to  maintain  it,  by  our  regard  for  the  common  but  hallowed 
ties  of  humanity  which  bind  the  whole  human  family,  why  was  it, 
I  ask,  that  at  tiie  hour  of  its  adoption — the  hour  not  merely  of  its 
adoption  bv  the  administration  of  Jam?s  Monroe,  but  of  its  instal- 
ment into  the  great  American  heart,  for  I  regard  it  as  one  of  the 
cardinal  doctrines  of  the  American  political  creed — no  voice  of 
denunciation  was  raised  against  it;  and  that  opposit.on  to  it  has 
been  reserved  until  the  moment  that  it  is  about  to  be  put  into 
practice  ? 

Sir,  I  hold  that  it  is  a  fundamental  principle  of  our  system,  that 
there  shall  be  no  intervention  in  the  affairs  of  the  North  American 
people  by  any  European  power.  The  Senator  from  South  Caro- 
lina must  certainly  have  given  his  assent  to  that  doctrine  at  the 
lime  when  it  was  embodied  in  the  message  of  Mr.  Monroe,  I  hap. 
pen  to  know  the  history  of  this  memoi-able  sentiment.  I  obtained 
i".  some  four  or  five  weeks  before  his  death  from  lliat  illustrious  man 
who  for  more  than  half  a  century  adorned  the  political  annals  of  this 
country,  and  whose  name  will  live  while  the  snn  shines  in  brightness 
in  the  heavens  !  I  speak  of  John  Qulncy  Adams.  This  deelai-ation 
was  so  endeared  to  me  by  its  true  and  lofty  patriotism,  that  I  sought 
-  an  interview  with  that  venerable  man,  in  order  to  make  some  in- 
quiries in  relation  to  this  very  sub|ect.  He  gave  me  an  intei-view 
of  two  hours.  He  has  descended  to  the  tomb,  and  there  can  be  no 
indelicacy  in  relating  the  substance  of  the  conversation.  He  stated 
to  me  that  Mr.  Monroe  was  in  the  habit,  when  preparing  his  mes- 
sage, of  calling  upon  the  dilTerent  members  of  his  cabinet  for  sug- 
gestions in  relation  to  the  affairs  of  their  respective  departments. 
About  this  period  the  governments  of  Mexico,  Central  America,  Co- 
lumbia, and  so  on,  had  succeeded  in  establishing  their  independence, 


and  these  interesting  and  imiioitant  events  were  the  subject  of  con- 
versation between  Mr.  Monroe  and  Mr.  Adams.  Mr.  Monroe  asked 
him  what  duly  was  indicated  to  the  United  States  by  the  oticur- 
rence  of  these  gratifying  changes  in  the  aspect  of  affairs  upon  this 
Continent.  Mr.  Adams  replied  that  it  would  be  a  proper  occasion 
on  which  to  announce  this  principle  to  the  world.  He  was  request- 
ed by  Mr.  Monroe  to  reduce  it  to  writing.  Next  day  Mr.  Adams 
returned  to  President  Moni'oe  that  declaration,  which,  with  possi- 
bly a  few  slight  verbal  alterations  was  incorporated  in  the  message. 
Was  it  meaningless  ?  No,  he  replied.  It  was  fraught  with  mean- 
ing, and  intended  to  convey  all  tliat  it  expresses.  And  Mr.  Adams 
atided.  that  neither  the  Senator  from  South  Carolina  nor  any  other 
member  of  the  cabinet  heard  of  it  until  ho  heard  it  retid  in  the 
message.  I  asked,  did  it  mean  that  wo  should  appeal  to  arms? 
No,  was  the  reply — that  when  an  attemjit  of  this  kind  was  made, 
we  should  first  resort  to  negotiation,  and  exhaust  it;  and  negotia- 
tion having  failed,  it  would  then  be  time  to  consider  the  question 
of  peace  and  war,  which  would  depend  entirely  upon  the  impor- 
tance of  the  object. 

The  declaration  was  officially  communicalcd  to  the  ambassadors 
of  the  various  European  powers  represented  here.  The  English 
minister  instantlv  protested  against  il .  The  other  European  luinis- 
ters  silently  acquiesced,  with  the  exception  of  the  Russian  ambassa- 
dor, who  took  it  with  a  quasi  protest,  announcing  his  intention  of 
communicating  it  to  the  Emperor  for  instrnctions,  but  the  opinion  of 
the  Emperor  was  never  returned.  Now,  I  have  the  authority  of 
that  venerable  inan  in  making  this  statement,  which  I  committed 
to  ])apor  on  the  evening  of  the  day  on  which  I  had  the  interricw. 
It  shows  that  Mr.  Monroe  and  Mr.  Adains  meant  something  of 
that  character  whether  others  meant  any  thing  or  not.  I  think  il 
jiresenls  a  principle  upon  which  alone  I  would  be  willing  to  place 
myself  on  the  present  occasion.  1  withdraw  the  appeal  to  human- 
ity altogether,  and  1  take  higher  ground.  Let  us  say  to  the  people  of 
Yucatan,  that  we  will  act — we  will  preserve  you  from  destruction 
— we  will  prevent  the  seizure  of  your  leriitory  by  any  foreign 
power. 

I  have  spoken  at  greater  length,  sir,  than  I  designed,  but  situa- 
ted as  I  am  in  relation  to  the  measure  before  the  Senate,  I  could 
not  well  have  said  less.  Thanking  the  Senate  for  the  kindness 
with  which  il  has  heard  me,  I  conclude  by  imploring  you  to  act 
speedily  if  you  act  at  all. 

Mr.  CLAYTON. — I  desire  very  briefiy  to  state  the  reasons 
why  I  cannot  vote  for  the  bill.  It  goes  beyond  the  recommenda- 
tion of  the  President,  as  I  understand  il.  He  does  not  propose  to 
take  military  possession  of  the  province  of  Y'ucatan.  He  merely 
proposes  to  .send  our  naval  forces  in  the  Gulf,  not  reipiired  at  other 
points,  to  relieve  the  while  inhabitants  from  the  war  which  is 
waged  against  them  on  the  coast. 

Mr.  HANNEGAN".— The  Senator  will  acknowledge  that  il  is 
not  iTiy  habit  to  interrupt  a  gentleman  when  he  is  addressing  the 
Senate,  but  I  beg  that  he  will  allow  me  to  read  an  extract  from 
the  President's  message. 

Mr.  CLAYTON. — I  have  the  message  before  me,  but  I  shall 
be  very  happy  to  allow  the  Senator  to  read  any  extract  from  it. 

Mr.  HANNEGAN. — I  am  under  obligations  to  the  courtesy  of 
the  honorable  Senator.     The  President  says: 

W'liilst  still  considering  Vncatan  as  a  portion  of  Mexico,  if  we  liatl  tioops  to  spare  for 
tliis  purpose.  I  would  deem  it  proper,  during  the  conlinuanee  of  the  wai  with  Mexi- 
co, to  occupy  and  hold  mihtarv  possession  of  her  territory,  and  to  defend  the  white 
inhabrfants  ag.ainst  the  incursions  ol  the  Indians,  in  the  same  way  that  we  have  em- 
ployed our  lioo|isin  other  States  of  the  Mexican  republic  in  our  possession,  in  repelling 
the  attacks  of  savages  upon  the  inhabitants  who  have  mainlaiued  their  neuualily  in 
the  war. 


Mr.  CLAYTON.— The  President  adds  : 

lint,  nnlortuiiatelv.  we  cannot  at  the  present,  withont  serious  danger,  wilhdtaw 
our  Ibrces  from  other  portions  of  the  Mexican  territory  now  in  our  occupation,  and 
send  them  to  Vncatan.  -\11  that  can  be  done,  under  existing  circunistance.s,  is  to  em- 
ploy our  naval  forces  in  the  Gulf,  not  tequired  at  other  points,  to  afibftj  them  relief. 
But  it  is  not  to  he  expected  that  any  adef|uate  protection  can  thus  be  aflbided,  as  the 
operations  of  such  naval  forces  must,  of  necessity,  l»e  coiitined  to  the  coast. 

I  do  not  then  understand  the  President  as  being  at  all  responsi- 
ble for  this  bill.  He  has  not  recommended  it.  He  has  saiiJ  that" 
during  the  continuance  of  the  war  with  Mexico  we  cannot  spare  the 
troops,  but  if  he  could  spare  them,  he  would  take  military  posses- 
sion of  this  as  of  other  Mexican  provinces;  and  he  would  hold  it 
how  long  ?  Why,  during  the  continuance  of  the  war  with  Mexico. 
The  President  has  not  proposed  to  retain  possession  of  Yucatan  an 
hour  longer  than  the  continuance  of  the  contest  between  us  and 
Mexico.  But  what  does  the  bill  propose  '  To  take  military  pos- 
session, and  retain  it  iiidefinilely.  My  honorable  friend  from  In- 
diana says  for  his  part,  he  wouhl  go  siill  farther,  and  he  says  he  is 
prepared  for  the  permanent  annexation  of  Y^ucatan  to  the  United 
States.  I  propose  to  restrict  myself,  however,  to  the  bill  itself; 
and  I  ask  the  Senate  of  the  United  States  whether  they  are  pre- 
pared to  lake  military  possession  of  this  province,  a  part  of  Mexi- 
co, and  hod  il  for  an  indefinite  period,  even  after  the  war  shall 
have  ceased  ? 

Mr.  HANNEGAN.— The  message  says  "temporary  occupa- 
palion." 

Mr.  CLAYTON.— That  is  true.  What  does  it  mean  i  How 
long  is  the  occupation  to  last  ?  Why,  just  as  long  as  you  please- 
The  gentleman  does  not  propose  any  limitation  at^ll.  as  to  the 
lime  during  which  ibis  occupation  is  to  continue.  The  first  qnes- 
tion  which  meets  me,  and  I  think  will  meet  others,  is  lhi«  :  ho\? 


5  82 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Friday, 


does  this  bill  consist  with  the  treaty  stipulations  which  we  have 
recently  offered  to  Mexico  ?  I  desire  to  know  from  any  of  the 
gentlemen  who  support  this  bill,  or  who  have  intimated  a  desire 
to  support  it,  how  ihey  can  do  so  consistently  with  these  treaty 
stipulations  ?  I  suppose  I  am  at  liberty  to  say,  that  we  have 
offered  a  boundary  line  to  Mexico,  and  pledged  ourselves  by 
treaty,  that  it  should  be  forever  the  boundary  between  Mexico  and 
the  United  States.  Now,  Yucatan  is,  as  the  President  says  in 
his  message,  at  this  moment  a  part  of  Mexico.  We  have  never 
recognized  her  independence.  Like  many  of  the  other  Mexican 
States  she  has  been  occasionally  in  a  state  of  revolution.  But 
there  can  be  no  doubt,  that  if  a  treaty  of  peace  should  be  finally 
made  between  this  country  and  Mexico,  Mexico  would  resume 
her  empire  over  that  State.  It  is  now  claimed  by  her,  that  she 
has  never  relinquished  her  title  to  Yucatan  ;  and  I  presume  she 
never  will  relmquish  it.  Again,  we  have  stipulated  also,  after 
declaring  that  this  shall  be  the  boundary  line  between  us  and 
Mexico,  that  afler  a  certain  period  we  shall  withdraw  our  troops 
froni  every  part  of  that  republic.  Yet  this  bill  proposes  without 
reference  to  the  continuance  of  the  war,  to  take  and  bold  military 
possession  of  one  of  the  most  important  jM'ovinces  of  Mexico.  It 
seems  to  me  with  all  deference  to  the  honorable  chairman  of 
the  Committee  on  Foreign  Relations,  that  this  bill  violates  the 
treaty  in  both  particulars  ;  first,  in  reference  to  the  line,  and  sec- 
ondly, in  respect  to  our  removal  of  the  troops. 

Again,  it  seems  to  me,  that  this  is  a  most  unfortunate  time  to 
make  a  proposition  for  the  military  occupation  of  any  portion  of 
Mexico.  I  fear  the  effect  of  it.  It  is  said  that  the  Mexican  Con. 
gress  is  about  to  assemble  at  Queretaro,  and  we  have  strong  hopes 
that  that  Congress  will  ratify  the  treaty  between  us  and  Mexico. 
Now  if  at  the  first  moment,  after  that  Congress  shall  assemble 
they  learn  that  there  is  a  bill  actually  pending  before  the  Congress 
of  the  United  States,  which  has  passed  one  branch  of  that  Con- 
gress, whose  ]  rovisions  are  directly  iu  conflict  with  the  so- 
lemn stipulations  of  the  very  treaty,  which  they  are  asked  to 
make  with  us — that  it  provides  that  we  are  to  take  and  hold  one 
of  their  most  important  provinces,  I  put  it  to  honorable  gentle- 
men, what  will  be  the  opinion  which  that  Congress  will  entertain 
of  our  good  faitli  ?  Will  they  not  believe,  notwithstanding  all 
your  professions  that  vou  are  acting  from  principles  of  humanity 
alone,  that  your  real  object  in  making  this  whole  movement,  has 
been,  to  violate  the  treaty,  to  disregard  its  provisions,  and  that 
you  now  stand  ready  on  the  slightest  pretext,  to  cast  it  to  the 
winds  to  acquire  more  Mexican  Territory  ? 

Mr.  JOHNSON,    of  Maryland — (in  his  seat.) — Then   there  is 

the  armistice. 

» 

Mr.  CLAYTON. — Sir,  as  it  is  suggested,  what  are  you  to  do 
with  the  armistice  ?  That  is  now  in  lorce,  and  in  direct  violation 
of  it,  you  propose  to  send  troops  into  Mexico !  Why  this  bill  ap- 
pears to  me  to  be  so  plain  a  violation  of  the  treaty  ;  ar.d  the  ne- 
gotiations which  have  been  entered  into  between  ns  and  Mexico, 
that  I  trust  it  never  can  obtain  the  assent  of  the  Senate  of  the 
United  States. 

In  regard  to  those  principles  of  humanity,  on  which  we  are 
called  upon  to  act,  I  am  very  willing  to  adopt  the  suggestion  made 
bv  the  President  of  the  United  States:  if  he,  who  ought  to  under- 
stand the  subject  and  doubtless  does  much  better  than  I  do,  is  of 
opinion  that  by  sending  some  portion  of  our  naval  force,  now  iu 
the  Giilfj  for  the  relief  of  tiiese  sufferijig  peo]>le,  their  lives  may 
be  saved  without  our  being  involved  in  a  war.  To  that  extent  I  am 
willing  logo  with  all  my  heart.  What  I  object  to  is,  entering  into 
a  war  with  either  the  Indians  or  Creoles  of  Yucatan,  at  this  or  any 
other  time.  If  we  are  to  act  on  the  great  principles  of  humanity, 
I  desire  to  know  if  we  are  iiot  to  have  some  regard  for  the  health 
and  lives  of  our  own  gallant  soldiers,  who,  after  having  fought 
through  one  of  the  most  brilliant  eampai<ins  on  record,  in  Mexico, 
are  now,  by  this  bill,  to  be  sent  away  to  Yucatan?  I  appre- 
hend that  there  is  not  a  more  destructive  climate  in  the  world 
than  that  of  Yucatan  for  our  soldiers.  Our  army  is  for  the  pre- 
sent in  Mexico.  Are  vre  now  at  the  commencement  of  the  sum- 
mer months  to  order  the  embarkation  of  any  portion  of  that  army 
at  Vera  Cruz,  or  any  othc  point,  for  Yucatan?  Or  are  they  to 
be  marched  thither?  If  you  send  them  there,  how  many  of  them 
are  destined  to  return  to  their  native  country  ? 

Mr.  H.A.NNF.GAN,  (in  his  seat) — The  country  around  Mecida, 
the  capital  of  Yucatan,  is  represented  as  being  quite  salubrious. 

Mr.  CLAY'TON. — There  are  various  representations  on  that 
subject.  It  is  certainly  sai.J,,  that  the  country  through  which  you 
approach  Mcrida  is  extremely  unhealthy.  Why,  before  our  army 
went  to  the  Rio  Grande  it  was  stated  that  the  country  there  was 
very  healthy,  but  how  many  of  our  most  gallant  countrymen  per- 
ished 6n  the  banks  of  that  pestilential  river?  I  take  it.  that  the 
tropical  climate  of  Yucatan  is  still  more  destructive.  While  fully 
disposed  to  carry  out  the  principles  (iflnimauily  in  reference  to  these 
Vucatecos.  I  desire  the  Senate  of  the  United  States  to  have  some  re- 
gard for  the  health  and  lives  of  our  own  countrymen.  I  understand 
that  there  are  about  fifty  thousand  of  the  white  race  in  Yucatan, 
and  that  mno-tenths  of  the  population  consist  of  Mexican  Indians. 
How  many  lives  have  been  sacrificed  in  this  conflict'  1  know  not, 
and  I  have  no  means  of  aseenaining.  It  has  been  said,  and  I  be- 
lieve on  credible  authority,  that  the  Spanish  race  is  unable  to  raise 
an  army  of  more  than  two  thousand  men.  I  suppose  then,  that 
we  arc  called  upon  to  send  an  equal  number  ;  and  that,  with  that 
force,  we  are  to  encounter  as  many  assailants  as  these  four  hun- 


dred and  fifty  thousand  Mexican  Indians  can  muster.  I  do  not 
know  what  may  be  the  result  of  that  conflict  should  we  engage  in 
it.  I  desire  a  little  more  light  before  I  engage  in  such  a  conflict. 
I  know  very  well,  that  we  fought  with  our  whole  array,  a  few 
thousand  Indians  in  Florida  lor  many  years,  at  a  cost  of  about 
forty  millions  ot  dollars.  And  I  know,  also,  that  we  have 
anotlier  fight  with  40,000  Camanehe  warriors  on  our  hands,  if 
the  Mexican  treaty  be  ratified.  Now,  I  do  not  desire  too  many 
fights  on  our  hands  at  one  time.  Aware  of  the  disposition  and 
determination  of  my  countrymen,  that  if  once  they  enter  into  a 
fight  with  these  people,  or  any  other,  they  never  will  cease  until 
they  have  conquered,  at  whatever  cost  of  blood  and  treasure;  as 
one  of  the  Senators  of  the  United  States  I  desire  to  enter  upon 
this  business  with  great  caution.  I  deprecate  precipitate  action. 
I  desire  information  to  guide  my  action.  The  principle  of  interven. 
tion  iu  the  affairs  of  other  nations,  carried  out  in  tt:is  bill,  is  incon- 
sistcnt  with  the  faewell  admonitions  of  the  father  of  his  country, 
and  with  the  whole  policy  of  the  government  under  our  earlier 
Presidents.  If  we  adopt  it  now,  it  will  react  upon  us  at  some 
future  day. 

I  do  not  think  that  this  is  an  appropriate  time  for  discussing  the 
question  of  the  war  with  Mexico.  That  subject  has  been  already 
exhausted.  I  trust  that  no  such  issue  as  that  of  farther  annexa. 
tiou  of  territory  will  be  brought  into  the  coining  Presidential  elec- 
tion. I  trust  that  no  such  issue  as  that,  shall  ever  again  be  pre- 
sented to  the  American  people.  We  have  got  into  a  war,  which 
my  friends  on  the  other  side  as  well  as  myself,  regard  as  having 
terminated  gloriously,  so  far  as  the  success  of  our  arms  is  con- 
cerned. How  much  it  has  cost  us,  we  do  not  know;  and  probably 
we  shall  not  ascertain  for  a  year  to  come.  We  have  acquired,  by 
that  war,  that  whuh  many  regard  as  an  absolute  curse,  and 
others  as  a  blessing.  Which  of  these  opinions  is  the  true  one,  re- 
mains to  bo  decided.  But  I  think  it  is  a  most  unfortunate  thing 
to  agitate  the  country  about  annexation  at  this  moment,  and  I 
hope  that  my  friends  on  the  other  side  do  not  intend  any  thing  of 
the  kind.  I  content  myself  with  adding  to  what  I  have  already 
said,  that  I  think  tliis  measure  in  direct  conflict  with  the  treaty  be- 
tween this  country  and  Mexico,  and  that  from  all  that  I  can  see 
ol  it,  if  adopted,  it  will  be  most  disastrous  in  its  consequences. 
If  we  do  any  thing  for  the  relief  of  Yucatan,  it  should  be  done 
with  the  consent  of  the  Mexican  government.  If  we  enter  upon  a 
crusade  against  these  Indians,  it  ought  to  be  with  the  consent  and 
cooperation  of  Mexico.  If,  without  obtaining  that  consent  and  co- 
operation, we  embark  in  this  movement,  in  my  judgment,  the  ne- 
gotiation of  the  treaty  will  be  broken  up,  and  Mexico  will  charge 
us  with  having  acted  in  bad  faith.  For  these  reasons,  sir,  I  must 
vote  against  the  bill. 

Mr,  DAVIS,  of  Mississippi. — I  have  no  disposition  to  follow  the 
Senator  from  Delaware  into  any  discussion  of  the  treaty,  or  the 
probabilities  of  fulure  annexation.  On  the  treaty,  I  consider  my 
lips  yet  sealed  The  subject  of  future  annexation,  I  leave  tothe 
future.  The  President's  message  distinctly  announces  that  he  seeks 
no  annexation  of  Yucatan.  It  is  not  the  acquisition  of  territory  to 
which  he  directs  his  attention.  He  merely  points  out  the  sole  mo- 
tive which  has  prompted  him  on  this  occ.ision,  to  invoke  the  action 
of  the  legislative  branch  of  the  government.  Nor  do  I  conceive  it 
necessary  at  present,  to  assert  that  principle,  which,  when  the 
time  arrives,  I,  like  others,  shall  be  ready  to  maintain;  the  non-in- 
tervention of  European  powers,  in  the  affairs  of  the  North  Ame- 
rican continent.  I  do  not  think  that  that  principle  is  involved  ia 
this  question.  We  are  at  war  with  Mexico.  Yucatan  is  recog- 
nized as  a  part  of  Mexico;  standing  neutral,  it  is  true,  through 
the  greater  part  of  the  war,  but  on  one  occasion,  throwing  ofl'her 
neutrality,  and  identifying  herself  with  Mexico,  in  her  war  against 
the  United  States.  Being  thus  a  part  of  Mexico,  the  Mexican 
war  covers  Yucatan.  Tiie  President  requires  no  more  than  a  suf- 
ficient force  to  enable  him  to  prosecute  his  military  operations  iu 
Yucatan  or  elsewhere,  to  save  him  from  the  necessity  of  apply- 
ing to  Congress,  for  any  action  at  all.  It  is  well  known,  that  a 
response  to  his  application  for  an  increase  of  the  army,  has  been 
long  delayed.  The  measure  has  been  long  discussed  in  this  bod}', 
and  it  remains  to  be  seen,  how  lung  action  upon  it  may  he  deferred 
in  the  other  branch  of  Congress.  In  these  circumstances,  an  ur- 
gent demand  for  the  presence  of  American  troops  in  Yucatan, 
arises;  and  the  President  calls  upon  Congress  to  give  bin;  the 
means  to  carry  out  v^'bat  was  his  plain  duty,  as  the  chief  olficer  of 
the  Executive  government.  A  portion  o(  that  country,  against 
which  we  made  viar,  and  rendered  es)iecially  helpless  by  our  act 
ol"  invasion,  calls  to  us  in  .a  voice  of  dccji  suflering  for  aid.  That 
is  the  ground  upon  which  I  put  this  question.  This  measure  is  an 
incident  of  the  Mexican  war,  which  past  legislation  has  declared 
and  recognized, 

The  President  only  asks  for  troops  to  enable  him  to  carry  out 
an  object,  entirely  consistent  with  the  ])roseculion  of  the  war 
against  Mexico.  It  is  true  thai  ho  alludes  to  the  present  condi- 
tion of  Yucatan  in  connection  with  Great  Britain.  This  is  no 
new  announcement.  Wo  have  seen  Great  Britain  year  after  year 
extending  her  naval  stations,  until  by  a  line  of  circumvallation  she 
almost  surrounds  the  gulf  of  Mexico.  Wo  see  her  posts  at 
telegraphic  distances  from  the  banks  of  the  Bahamas  to  the 
mouth  of  the  Oronoeo.  And  certainly  we  may  bo  jealous  of 
any  attempt  on  her  part  to  seize  a  capo  which  actually  com- 
mands the  entrance  into  the  gulf  from  the  Carribean  sea. — 
The  chairman  of  the  Committee  on  Foreign  Relations  bus 
appropriately   cuunecled    with    thU    tUe    questiou    of  (he    po:^ 


May  5.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


583 


session  of  Cuba.  Yucatan  and  Cuba  are  the  salient  points 
commanding  the  gulf  of  Mexico,  which  I  hold  to  be  a  basin 
of  water  belonging  to  the  United  States.  Whenever  the  question 
arises  whether  the  United  States  shall  seize  these  gates  of -entrance 
from  the  South  and  East  or  allow  them  to  pass  into  the  possession 
of  any  maritime  power,  I  am  ready  for  one  to  declare  that  my 
step  will  bo  forward,  and  that  the  cape  of  Yucatan  and  the  island 
ef  Cuba  must  be  ours. 

Mr.  CLAYTON. — Will  the  honorable  gentleman  allow  me  to 
ask  him  a  question  ? 

Mr.  DAVIS.— Certainly. 

Mr.  CLAYTON. — Suppose  there  should  be  a  negro  insurrec- 
tion in  Cuba,  and  that  from  motives  of  humanity  Great  Britain 
should  interfere  and  take  military  possession  of  that  island,  for 
which  course  we  are  about  to  make  a  precedent,  would  the  hon- 
orable  Senator  hesitate  to  go  to  war  ? 

Mr.  DAVIS.— Not  a  moment ! 

Mr.  CLAYTON.— It  is  the  answer  that  I  expected. 

Mr.  DAVIS.— I  have  ho  confidence  in  the  humanity  of  Great 
Britain,  the  great  slave-trader  of  the  world.  If  she  should  inter- 
fere, on  any  pretext,  m  the  affairs  of  Cuba,  in  order  to  obtain  a 
footing  there,  I  would  regard  it  as  a  proper  occasion  to  interfere. 
Great  Britan  has  already  attempted,  under  a  pretext  of  establish- 
ing an  hospital  on  the  island  of  Cuba,  in'connection  with  her  slave 
shTps.  to  build  up  a  Gibraltar  to  overlook  the  Spani.sh  Moro  Castle; 
and  if  the  government  of  Cuba  had  yielded  to  that  demand,  the 
weak  court  of  Spain  nut  denying  it,  I  would  have  considered  it  as 
demanding  the  immediate  interference  of  the  United  States.  The 
very  necessity  of  defending  the  United  States  requires  that  wc 
should  take  whatever  steps  should  be  necessary  always  to  secure 
the  freedom  of  the  great  point  of  exit  and  entrance  to  a  large  por- 
tion of  the  American  coast.  But  I  understand  the  question  ol  the 
Senator  as  making  the  interference  of  Great  Britain  in  the  affairs 
of  Cuba  a  parallel  case  with  the  present. 

Mr.  CLAYTON.— I  put  that  case  to  show  the  Senator  the 
effect  of  his  own  declaration. 

Mr.  DAVIS. — ^I  saw  the   conclusion,  and  was   prepared  for  it. 

Mr.  CLAYTON. — It  is  a  foregone  conclusion. 

Mr.  DAVIS. — If  we  were  not  at  war  with  Mexico,  and  a  w^ar 
of  castes  had  sprung  up  in  Yucatan,  in  which  we  had  no  right  as 
a  belligerent  power  to  interfere,  however  I  might  have  been  pained 
in  beholding  the  spectacle.  I  should  have  viewed  it  as  I  did  the 
case  of  Guatemala,  in  which  the  Indian  race  truimphed,  and  es- 
tablished, as  I  will  concede  to  the  Senator  a  bettor  goverument  than 
Guatemala  ever  had  before.  Il  such  were  the  ca^o  at  present  I 
would  stand  quietly  by,  and  let  the  people  decide  which  race  should 
rule  them.  But  I  place  tliis  case  of  Yucatan,  solely  on  the  ground_ 
of  the  Mexican  war.  I  have  not  yet  seen  any  convincing  proof 
that  Great  Britain  has  interferred.  She  has  been  asked  to  send 
some  troops,  and  I  believe  has  sent  three  companies  of   artillery. 

Mr.  CLAYTON. — Is  there  not  an  armistice  now  existing  ? 

Mr.  DAVIS. — That  originally  constituted  a  difficulty  with  me, 
which  by  one  best  calculated  to  construe  it,  has  been  removed  and 
does  not  now  interpose  any  oustacle  to  my  action.  I  am  not  up- 
prized  at  what  date  that  armistice  expires,  but  I  think  it  will  eome 
10  an  end  helbre  we  can  possibly  get  troops  to  Yucatan.  Again, 
that  armistice  points  directly  to  the  fact  that  no  now  posts 
are  to  be  taken  in  Mexico,  except  on  account  of  hostile  move- 
ments on  her  part.  Here  is  a  movement,  the  result  of  which,  we 
cannot  di.tcrniine.  It  is  like  the  war  of  factions  all  over  Mexico. 
It  may  be  for  the  purpose  of  interferring  with  the  progress  of  the 
American  army  ni  the  conclusion  of  the  treaty.  Is  the  Senator 
from  Delaware  prepared  to  say  it  is  not  ? 

I  do  not  rely  upon  the  argument  of  the  honorable  Senator,  the 
chairman  of  the  Committee  on  Foreign  Relations,  based  upon  the 
fact  that  these  Indians  have  been  furnished  with  arms,  bearing  the 
Tower  mark.  It  does  not  follow  from  that  fact,  that  these  arms 
were  furnished  by  Great  Britain.  Ccesar,  Frederick,  and  Napoleon 
the  three  greatest  generals,  have  demonstrated  th.nt  celerity  of 
movement  is  the  great  groundwork  of  military  snocess.  Great 
Britain  aware  of  the  value  of  the  maxim  has  been  constantly 
reducing  the  weight  of  her  arms.  The  Tower  muskets  have  been 
condemned  and  sold  as  unfit  for  service.  Hence,  they  arc  found 
all  over  the  South  American  States. 

Mr.  HANNEGAN. — Has  not  Great  Britain  established  a  great 
depot  of  arms  at  the  Belize  ? 

Mr.  DAVIS. — Certainly,  I  am  aware  of  that  fact.  If  she  was 
sending  muskets  there,  however,  she  would  send  them  from  her 
own  armories,  and  of  the  present  standard.  Those  Tower  mus- 
kets were  also  found  in  the  hands  of  the  Mexicans,  having  been 
purchased  bv  those  who  could  obtain  only  cheap  arms,  or  had  less 
skill  in  the  u.se  of  them.  Great  Britain  may  bo  interfering  in  the 
affairs  of  Yucatan,  but  I  am  not  prepared  to  jump  to  that  conclu- 
sion. Like  ourselves  she  may  only  be  answering  the  call  of  hu- 
manity ;  or  she  may  bo  insidiously  arming  the  Indians.  But  wlie- 
ther  it  he  the  one  or  the  other,  it  is  immaterial  to  my  argument. 
I  take  the  ground  that  as  we  are  at  war  with  Mexico,  we  have  a 
right  to  establish  posts  in  any  part  of  Mexico,  if  it  be  necessary 
to  tho  prosecution  of  that  war  ;  and  if  Great  Britain  steps  in  when 


we  have  prostrated  the  Mexican  government,  to  take  advantage 
of  the  condition  of  affairs  and  seize  Yucatan,  we  have  the  right  to 
interpose.  We  are  the  belligerent  power  ;  we  may  take  up  posi- 
tions within  that  territory  ;  and  with  the  highest  motives  of  hu- 
raanitv  and  policy  assert  our  right  to  exclude  any  other  power  from 
seizin"  Mexico,  or  any  portion  of  her  territory  in  the  present 
prostrate  condition  to  which  she  has  been  reduced  by  us.  in  my 
judgment,  therefore,  the  President  has  placed  the  question  on  the 
true  ground. 

I  rise  to  offer  an  amendment  to  the  bill,  upon  the  ground  simply 
of  the  urgent  demand  which  exists  for  the  imraediaie  increase  of 
the  army,  and  to  give  power  to  the  President  to  call  out  troops  to 
supjily  the  place  of  those  withdrawn  from  the  army  for  the 
purpose  of  holding  posts  in  Yucatan.  With  these  introductory  re- 
marks, I  beg  to  offer  my  amendment. 

The  amendment  which  is  as  follows,  and  is  a  substitute  for  the 
whole  bill,  was  then  read  : 

Beit  enacted,  S-c,  That  the  Presiiient  he.  ami  he  is  herehy.  antlioiized  and  em 
powereil  to  accept  Ihe  seivices  of  an  equal  numher  of  volunteer  troopi  lo  bU]i|ily 
th?  place  of  such  as  may  b"  withdraxvii  from  their  prncnt  duly.  10  aubwer  to  the 
exigent  demand  for  the  immediate  pTesenee  of  a  portion  of  our  army  m  Yucatan 
Promded,  Their  sernce>  shall  be  required.  The  same  to  be  raised  for  service  durins 
thewarivith  Mexico,  agreeably,  to  tlic  provisions  of  the  act  of  iMay  thirlecuth, 
eighteen  hundred  and  forty  seven. 

Mr.  UPHAM.— I  would  ask  if  the  President  has  not  the  right 
now  to  increase  the  army  to  tlie  extent  of  twelve  thonsand  volun- 
teers ? 

Mr.  DAVIS. — The  President  is  authorized  to  call  out  a  certain 
number  of  volunteers  by  regiments.  These  regiments  were  called 
out.  They  have  wasted  away  in  the  service,  and  it  would  take 
perhaps  the  number  named  to  fill  up  the  ranks  of  regimenis  al- 
ready existing  in  the  volunteer  service,  but  the  only  way  in  which 
that  can  be  done  is  by  recruiting,  and  recruiting  for  volunteer  reg- 
iments has  been  found  to  be  so  dillicult,  that  no  one  looks  to  it  as 
a  means  of  increasing  the  army  with  tho  rapidity  required  by  this 
exigency. 

Tho  Senator  from  Delaware,  I  may  remark  before  I  resume  ray 
seat,  represents  Yucatan  as  a  sickly  country,  and  sjieaks  of  the 
sufferings  of  our  troops  in  Mexico.  Now,  I  do  not  believe  that 
the  inttjrior,  either  of  Yucatan  or  of  Mexico  are  sickly,  but  when 
new  troops  are  sent  to  a  tropical  climate  in  the  summer  season, 
exposed  to  the  inclemencies  of  camp  life,  and  put  upon  soldier'"- 
fare.  they  arc  liable  to  contract  disease,  partly  in  consequence  of 
their  want  of  knowledge  of  the  proper  mode  of  encampment,  and 
of  the  best  means  of  protecting  themselves.  Hence  the  necessity 
for  sendine  into  a  new  country  troops  that  have  had  some  experi- 
ence ;  and  in  sending  out  fresh  volunteers,  they  should  be  mingled 
for  a  time  with  troops  that  have  been  in  service,  from  \^•hom  they 
can  learn  ail  the  necessary  means  of  taking  care  of  themselves  in 
a  climate,  the  peculiarities  of  which  are  to  be  learned. 

Mr.  CRITTENDEN. — It  appears  to  me  that  the  amendment 
of  the  honorable  Senator  from  Mississippi,  entirely  changes  the 
character  of  this  bill,  and  that  it  is  simply  a  proposition  to  increase 
tho  military  force  employed  in  tho  war  with  Mexico.  In  that 
point  of  view  there  is  no  occasion  for  this  measure  whatever. 
My  honorable  friend  from  Michigan  [IMr.  Cass,]  has  been  labo- 
riously marching  forward — slowly,  I  acknowledge,  but  not  the  less 
diligently — for  the  last  tv\'o  months,  at  the  head  of  his  twenty 
thousand  militia  men  !  They  are,  indeed,  now  pretty  well  ad- 
vanced, and  every  day  the  word  has  been  "forward — march!" 
Where  is  the  necessity,  then,  for  introducing  this  special  bill  for 
Ihe  purpose  of  making  an  unecrlain  and  indefinite  augmentation  of 
the  army,  inslead  of  taking  tho  bill  wliieh  has  already  been  pro- 
posed, providing  for  an  army  commensurate  with  all  the  exigen- 
gencies  of  the  war  ?  The  amendment  makes  this  bill  nothing  more 
than  a  provision  for  the  general  puriioses  and  exigencies  of  the 
war,  according  to  the  discretion  of  the  Executive  who  has  the 
management  and  control  of  it — nothing  more.  The  twenty  thon- 
sand volunteer  bill  has  the  same  purpose  for  its  object.  Why  then 
introduce  another  measure  to  ellect  the  same  object  ?  If  there  be 
any  new  exigency,  demanding  tho  augmentation  of  tlie  twenty 
thousand  volunteers,  we  have  only  to  amend  that  bill  and  enlarge 
that  measure.  The  bill  now  before  the  Senate  has  a  peculiar  and 
especial  object  and  purpose  which  have  been  explainctl  to  us  by  the 
honorable  chaiiinaii  of  thi.'  Comniiltce,  and  by  the  message  of  the 
President  of  the  United  Slates.  My  friend's  amendment  cuts  loose 
the  bill  from  the  object  of  the  President  altoscthcr.  The  object  of 
the  President  is  to  rescue  an  unhappy  people  overwhelmed  by  a 
savage  foe.  That  is  his  object.  But  the  amendment  proposes  to 
increase  the  army  so  as  to  give  to  the  President  a  force  adequate 
to  affect  the  military  occupation  of  the  country  as  a  measure  in  our 
war  with  Me.N.ico.  But,  sir,  we  may  have,  and  I  trust  that  at  this 
day  we  have,  a  treaty  ratified  which  is  to  give  peace  to  this  coun- 
try and  Mexico.  What  then  becomes  of  the  message  of  the  Pres- 
ident and  the  object  of  this  bill,  il"  you  connect  this  warlarc  in  Yu- 
catan as  merely  incidental  with  your  war  in  IMexico  ?  If  the  war 
with  Mexico  is  terminated  by  a  treaty  of  peace,  the  incident  goes 
along  with  it,  and  you  do  not  interfere  at  all.  The  amendment 
of  the  gentleman  has  lor  its  object  the  following  up  of  purposes  of 
war,  and  the  abandonment  of  the  purposes  of  peace  and  preser- 
vation proposed  by  the  message  under  consideration. 

If  the  exigencies  of  this  war,  or  the  interests  or  honor  of  this 
country  require  it,  I  am  prepared  to  vote  fur  any  addiiional  num- 
ber of  men  that  may  be  necessary  for  the  general  purposes  of  the 
war.     But  as  to  this  particular   measure,  and   this  particular  oh- 


684 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Feidai 


jeot  proposed  by  tho  President,  it  seems  to  me  that  it  is  subject  to 
great  objections — objections  of  the  gravest  character.  This  inter- 
position in  Yucatan  is  not  proposed  by  the  President  as  a  part  and 
parcel  of  the  Mexican  war,  lor  the  Mexican  war  has  for  its  object 
the  prostration  of  our  enemy;  and  Yucatan,  he  says,  is  a  portion  of 
Mexico,  and  therelbre  our  enemy.  So  far  from  havinj,'  any  destruc- 
tive purpose  of  war,  the  measure  proposed  has  for  its  object  pur- 
poses of  preservation  and  charity.  It  is  in  that  point  of  view  that 
It  seems  to  me  to  be  subject  to  very  grave  ol>jeciions.  It  seems 
somewhat  surprisin;^  to  mo,  that  it  has  not  liccn  thought  neces- 
sary to  accompany  tliis  certainly  extraordinary  i)roposit!on  with 
an  official  copy  of  the  armistice  lately  made  between  the  forces  of 
the  United  Slates  and  those  of  Mexico — an  armistice  extcndicg  to 
and  beyond  Yucatan.  I  hear  difTerences  of  opinion  expressed 
among  gentlemen,  how  far  the  measure  proposed  might  be  consis- 
tent wilh  the  armistice  ?  I  cannot  conceive — though  1  have  not 
lately  seen  a  copy  of  that  armistice,  never  having  seen  an  oifioial 
copy  of  it — that  it  would  bo  by  any  possibility  consistent  with  it, 
to  give  to  cither  party  the  privilegi^  of  extending  itself,  or  making 
additional  preparations  for  war.  That  is  not  the  object  of  an  ar- 
mistice. Can  it  bo  possibly  supjiosed,  that  under  the  terras  of  this 
armistice,  we  could  extend  our  military  occupation  over  all  Mex- 
ico ?  No.  And  I  can  scarcely  conceive  of  a  construction  of  any 
armistice  which  could  allow  us  to  take  military  possession  of  a  pro- 
vince of  the  enemy,  not  in  our  possession  when  the  armistice  was 
made. 

Mr'  DAVIS,  of  Missi>sippi. — I  beg  to  ctill  the  attention  of  the 
Senator  to  the  fact  that  there  was  an  express  provision  in  the  ar- 
mistice, that  in  the  ease  of  any  military  movements  being  made, 
we  had  the  right  to  send  our  troops  to  counteract  them. 

Mr.  CRITTENDEN. — I  suppose  it  may  be  fairly  inferred  that 
that  provision  had  reference  only  to  such  military  operations  as 
were  supposed  to  be  hostile  to  us. 

Mr.  DAVIS,  of  Mississippi,  (in  his  seat.) — Yes;  I  have  no  doubt 
such  was  the  understanding  of  the  provision. 

Mr.  CRITTENDEN.— Let  it  bo  reeollecled  that  this  civil  war 
raged  in  Yucatan  at  the  very  time  that  the  armistice  was  made, 
and  if  the  understanding  had  been  that  Yucatan  was  not  included 
in  the  terms  of  the  armistice,  it  would  have  been  mentioned  and 
so  stipulated.  But  I  may  be  mistaken  about  this  armistice.  I 
think,  however,  we  should  know  ]irecisely  what  it  is,  before  we 
enter  upon  a  movement  which  may  be  in  violation  of  its  terms. 
Suppose,  however,  all  this  difficulty  removed.  Onr  humanity  'is 
invoked  in  behalf  of  a  sutlering  people;  and  the  question  is  whether 
it  is  sound  policy  on  onr  part,  on  such  an  occasion,  to  engage  in  a 
loreign  war.  1  hope  I  am  not  destitute  of  the  proper  feelings  that 
belong  to  us  on  such  an  occasion;  but  it  seems  to  me,  that  such  a 
step  would  be  an  exceedingly  perilous  one,  leading  us. into  new 
and  untried  scenes  of  public  policy.  The  proposition  wants  a  de- 
finitiveness,  that  would  enable  us  to  determine,  with  any  degree  of 
certainly,  what  would  bo  tho  consequences  of  this  step.  The  bill 
provides  ibr  a  military  occupation  of  Yucatan,  as  a  thing  distinct 
from,  and  independent  of,  our  war  with  Mexico.  I  suppose  it  is 
so  considered  by  the  honorable  chairman  of  the  committee. 

Mr.  H  ANNEGAN  signified  his  assent. 

Mr.  CRITTENDEN.— Then,  how  long  is  the  occupation  to 
continue  ?  To  what  extent  ?  Every  thing,  sir,  is  here  boundless, 
both  as  regards  titue  and  space  !  Is  it  not  a  perilous  step,  then, 
which  we  are  called  upon  to  take?  We  are  called  upon,  then, 
from  motives  of  humanity,  to  involve  orir  eonntr}'.  to  an  extent  of 
which  we  know  nothing,  in  foreign  difficulties,  foreign  wars,  and 
vast  expenditures  of  the  public  money.  How  far  ought  we  to  go  ? 
Are  we  not  transgressing  altogether  that  principle  of  non-inter- 
vention, which  lies  at  the  foundation  of  the  security  of  nations  ? 
It  is  not  merely  a  sound  rule  of  domestic  policy,  but  it  is  a  great 
principle,  which  seems  to  mc  to  be  necessary  to  the  preservation 
of  nations  in  their  distinct  and  independent  character.  If  this  doc- 
trine of  the  right  of  intervention  be  generally  admitted,  the  ambi- 
tious nation  which  seeks  aggrandizement  and  extension  of  power, 
will  employ  every  pretext  and  bo  satisfied  with  the  slightest  rea- 
sons, to  act  upon  the  principle.  The  conscipiences  must  be  appa- 
rent. The  violation  of  the  principle  of  non-intervention  is  calcu- 
lated to  fill  the  world  with  distress,  discord  and  war  !  It  will  pro- 
duce atrocities  every  where,  at  which  humanity  would  shudder. 
The  intervention  of  one  nation  on  the  pretence  ol  humanity,  would 
furnish  the  pretext  for  another  to  interfere,  and  in  order  to  cheek 
the  inhumanity  wliieh  they  would  charge  upon  the  former.  And 
thus  wars  originally  made  for  peace  and  preservation,  will  be  multi- 
plied one  upon  another.  Wo  make  war  upon  what  we  call  the 
savages  of  Yucatan,  to  jn-cvent  them  from  murdering,  or  to  punish 
them  for  murdering  the  white  inhabitants  of  Yucatan.  England, 
or  France,  or  Spiiin  makes  war  upon  us  ;  because  she  alleges  we 
have  inlcifercd  needlessly,  and  are  unnecessarily  putting  to  death 
the  aboriginal  inhabitants  of  the  country.  Thus,  sir,  war  is  got 
up  on  all  sides  in  the  name  of  humanity  ;  and  in  tho  name  of  hu- 
manity there  is  a  confused  slaughtering  war  spreading  throufh- 
oiit  the  world.  It  may  ho  so.  Ought  we  not  then  to  Tic  a  little 
careful — however  laudable  may  be    the  motives  which    impel  us — 

however  active  may  bo    our  feelings    of   benevolence that  we    do 

not  suiter  ourselves  in  this  instance,  to  violate  one  of  these 
great  principles  upon  which  tho  security  and  peace  of  men  and 
of  nations  repose — lest  by  our  misjudged  humanity,  and  by 
tho  dangerous    example    which    wo   sot  wo    aid  m  the  subversion 


of  the  peace  and  order  of  society,  and  add  to  these  very  evil 
which  we  deprecate,  and  in  the  vain  hope  of  averting  which,  we 
embark  in  this  war  ?  There  will  be  wars  ;  there  will  bo. 
rumors  -of  wars.  And  when  will  they  cease,  or  how  are  they 
to  be  made  to  cease?  By  our  interposition,  or  the  interpo- 
sition of  the  array  of  any  sincio  nation?  No.  It  is  a  higher  and 
mightier  Power  alone  that  can  stay  the  course  of  war,  destructive 
war,  unjust  war,  waged  in  various  quarters  of  the  globe.  How 
many  unjust  wars  are  now  going  on  in  the  world  ?  How  many 
wars  comparatively  are  just?  Very  few.  There  are  but  few  of 
which  history  gives  any  account.  Mr.  President,  are  we  to  enter 
upon  these  new  schemes  ?  Ours  has  been  tho  safe  doctrine,  and 
policy,  of  non  intervention.  We  meddle  with  none,  and  we  allow 
none  to  meddle  with  us.  We  cannot  take  too  much  care  to  main- 
tain that  policy,  now.  and  forever.  We  shall  acquire  more  honor 
in  that  way  than  in  any  other.  We  shall  contribute  most  to  the 
great  principle  of  peace  among  raen,  by  that  course,  rather  than 
by  adopting  active  intervention  upon  whatever  plausible  pretext. 
It  is  the  safest  and  best  course  for  us — not  that  I  would  not  it  it 
were  in  the  way,  save  those  who  are  assailed,  succor  the  dis- 
tressed, rescue  the  feeble  from  the  hands  of  the  murderer  ;  but 
we  cannot  upon  gener.al  principles  undertake  the  correction  of 
these  excesses,  and  the  persecution  of  these  savages,  by  any  gen- 
eral system  of  national  policy.  We  cannot  as  a  nation  adopt  such 
a  course  of  policy.  If  we  do,  we  bring  upon  ourselves  certain 
destruction,  and  do  not  accromplish  the  object  at  which  wo  aim. 

But,  Mr.  President,  there  is  beyond  all  this,  an  entire  want  ol 
the  necessary  information  upon  this  subject  that  will  enable  us  to 
interpose  with  justice.  We  hear  but  one  side  upon  this  question 
1  am  without  information  as  to  the  other  side  of  the  question.  I 
am  entirely  without  information  as  to  the  merits  of  this  warfare, 
which  is  waged  m  Yucatan.  Its  mode  is  said  to  be  an  unlawful 
one,  one  of  indiscriminate  slaughter?  That  is  wrong  in  itself, 
whatever  may  be  the  merits  of  the  controversy.  But  before  we 
interpose,  we  ought  to  know  something  of  the  merits  of  the  con- 
troversy itself.  Who  complain?  Are  they  the  majority  of  the 
jieople  oftho  country  ?  Undoubtedly  they  are  the  mere  minority. 
They  must  be  in  a  minority,  or  how  could  they  come  here  as  men, 
and  seek  as  suppliants  for  the  assistance  of  a  foreign  nation? — 
And  are  we,  without  examination,  simply  upon  the  cry  of  the  mi- 
nority, to  interfere  and  take  up  arms  anil  unsheath  our  swords 
against  the  majority?  Why,  to  do  so,  would  be  in  violation  of  the 
principle  that  we  recognize  as  the  foundation  of  government 
We  presume  here,  that  the  majority  is  right,  and  it  seems  to  me 
but  fair  that  we  should  carry  out  the  principle.  The  persons 
against  whom  this  complaint  is  made  of  carrying  on  an  inhuman 
warfare,  are  the  aboriginal  inhabitants  of  the  country.  What  is 
their  condition  ?  I  am,  for  one,  but  very  imperfectly  informed  res- 
pecting it. 

Mr.  HANNEGAN. —  (in  his  seat.) — They  are  savages. 

Mr.  CRITTENDEN.— I  do  not  understand  it  so.  If  so,  wh.it 
a  mighty  reproach  it  must  be  to  tho  men  who  are  calling  to  us  foi 
assistance. 

Mr.  HANNEGAN. — The  whites  muster  but  two  thousand 
troops. 

Mr  CRITTENDEN. — For  three  hundred  years  they  have  gov- 
erned these  people,  and  teen  teaching  them  religion,  and  giving 
tliem  knowledge  and  education.  And  now  they  come  and  tell  us 
that  these  people  are  still  savages,  when  church  and  state  have 
had  them  under  their  direction  for  three  hundred  years.  They 
must  have  been  very  badly  governed,  and  the  government  must 
have  been  a  very  unjust  one,  at  least  a  very  unparental  one,  if'after 
three  hundred  years  of  subjection,  they  are  still  in  their  savage 
state.  Now,  I  apprehend  my  friend  is  a  good  deal  mistaken. 
They  m.ay  be  savages  in  poiiit  of  education  and  information,  in 
comparison  with  what  we  have  called  savages.  The  relation 
which  they  sustain  in  Yucatan  is  not  the  relation  which  the  savages 
of  our  country  have  borne  towards  us.  These  people  are  citizens. 
There  is  no  such  thing  as  slavery  there  in  the  legal  sense  of  the 
term. 

Mr.  CLAYTON.— (in  his  seat.)— They  have  the  right  of  suf- 
frage. 

Mr.  CRITTENDEN.- They  enjoy  civil  ri^'hts.  But  such  civil 
rights  and  such  enjoyment  of  them  as  the  laws  of  Spanish  colonization 
have  left,  to  the  conquered  people  of  South  America.  A  state  of  sub 
jngation  I  acknowledge;  but  what  are  these  people  attempting  to 
do  jn  Yucatan  more  than  has  been  done  by  these  people  in  Guate- 
mala, which  nc  have  considered  as  a  government,  and  to  which 
wo  send  a  diplomatic  agent  ?  What  are  they  doing,  but  what  has 
been  suecesslully  done  by  the  people  of  Guatemala  about  twenty 
years  ago,  when  one  of  iheir  chiefs,  at  the  head  of  the  Indian  pop- 
ulation— who  would  be  better  understood  in  tl  is  country  if  we 
were  to  call  them  native  Mexicans — or  tho  abnriginal  inhabi- 
tants of  the  country — throwing  olf  the  yoke  of  tho  Spaniard, 
established  a  government  for  themselves  ?  They  have  risen 
up  against  the  descendants  of  the  Spaniards,  by  whom  they  were 
first  conquered,  have  overthrown  them,  and  have  governed 
that  country  very  well  from  that  time  to  tho  jiresent.  I 
know  of  no  diflerence  betwcoi;  these  Indians  and  those  who  are 
termed  savages  in  Yucatan  ;  but  I  may  be  mistaken.  I  wish  a 
great  deal  more  information  than  I  now-  have,  before  I  can  venture 
to  vote  for  this  bill.  If  our  humanity  must  interpose,  1  would  ra- 
ther send  an  umpire  to  examine  into  the  justice  of  the  case,  befors 


May  5.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


586 


we  should  take  part  with  either  side.  Let  us  be  at  least  judges 
before  we  become  executioners.  It  seems  tome  extremely  un- 
.wise,  and  manU'esUy  unjust,  to  enter  into  a  controversy  in  iho  cha- 
racter of  arbiter  and  judge,  witliout  knowing  anything  whatever, 
of  its  merits.  While  I  say  all  this,  there  is  nothing  short  of  en- 
tan^lln^  ourselves  with  this  principle  of  intervention,  as  now  pre- 
sented, nothing  short  of  adopting  it  as  a  principle  of  policy,  that 
I  would  net  be  willing  to  do,  to  rescue  the  descendants  of  these 
Spaniards"  the  white  possessors  of  Yucatan,  from  the  cruelties  to 
which  I  have  no  iluubt  they  are  now  exposed.  No  doubt  it  is  a  cruel 
warfare.  We  may  mfer  that  from  the  parties  engaged  in  it..  Who 
are  they?  Wo  all  know.  They  are  the  aborigfhal  inhabit- 
ants of  the  country,  wlio  for  three  hundred  years  have  been 
the  victims  of  mis-government  and  cruelty  ;  for  three  hundred 
years  they  have  sulTercd  the  oppression  of  the  Spanish  yoke. 
They  have  worn  it  upon  their  galled  necks.  That  the  war- 
fare between  these  two  races  after  the  accumulation  of  such 
a  debt  of  vengeance  should  be  exasperated  and  utterly  op- 
opposed  to  all  the  dictates  of  justice  and  humanity  will  not  be  re- 
garded as  surprising  by  any  man  who  knows  human  nature.  But 
I  would  not  stand  by  and,  if  I  could  prevent  it,  behold  the  accom- 
plishment, of  this  work  of  vengeance.  I  would  assert  it,  if  I  could. 
1  would  negotiate  between  these  parties.  I  would  put  them  at 
peace,  one  with  the  other;  and  if  I  could  not  succeed,  and  found 
that  one  party  was.  without  cause,  murdering  their  inno.eent 
neighbors,  I  would  not  hesitate  for  a  moment  to  arrest  the  blow. 
But  as  for  banishing  an  army  of  our  own  citizens  to  that  territory 
there  to  remain,  I  know  n')i  how  long,  that  is  another  question  al- 
together. How  long  are  they  to  remain  there?  Suppose  the 
savages  recoil  and  flee  to  the  fastnesses,  of  svhich  we  are  informed 
in  these  documents,  there  to  nourish  the  vengeance  which  our  m- 
terposition  has  restricted,  will  it  not  be  only  to  pounce  upon  their 
prey  as  soon  as  wo  witlidraw  ?  Does  not  my  honorable  friend  from 
Indiana  perceive  that  our  occupation  of  the  territory  may  be  al- 
most interminable.  If  our  object  bo  to  protect  the  inhabitants 
must  wc  not  remain  there  to  |  rotect  them,  until  the  vengeance  of 
the  Indians  be  o.\tinguished  ?  And  how  long  -wiU  it  be  till  these 
fifty  thousand  of  the  white  race  shall  become  strong  enough  to 
protect  themselves?  Are  we  to  stay  there  till  that  time  shall  ar- 
rive ?  To  consummate  our  act  of  humanity  we  are  bound  to  do 
so.  We  aro  not  to  protect  them  for  a  day  and  have  them  slaugh- 
tered on  the  morrow.  In  order  to  make  our  interposition  etlcctual 
the  army  must  remain  there,  and  it  is  because  I  want  information 
that  I  cannot  now  act  upon  this  bill,  assuring  the  gentleman  at 
the  same  time  that  tiiero  is  no  duty  of  humanity,  none  of  its  ten- 
derest  ohligatioih  which  I  do  not  stand  ready  io  perform,  so  far 
as  I  can  do  so  consistently  with  the  great  national  trust  which  is 
committed  to  me  as  one  of  the  Senators  of  the  United  States. 

Onr  first  .duty  is  to  ourselves,  and  our  own  fellow-citizens.  Our 
first  duty  is' to  our  own  country.  That  discharged  iill  that  we 
can  do  for  the  benefit  of  mankind,  all  that  we  can  do  to  raise  up 
the  fallen,  and  relieve  the  distressed  I  am  willing  to  do,  but  when 
you  demand  of  me  this  particular  act  of  interposition,  I  want  to 
know  all  the  circumstances  which  can  gnide  rae  in  forming  a 
judgment  of  the  probable  extent  of  that  service  to  which  by  my 
vote  I  have  committed  my  country.  How  many  men  will  we  be 
bound  to  furnish  by  this  bill  ?  How  much  money  will  we  be  called 
upon  to  expend  ?  How  long  have  you  bound  us  to  this  service  ? 
All  these  questions  we  ought  to  be  prepared  to  answer  for  our- 
selves, in  order  that  we  may  answer  them  to  our  constituents.  At 
present  I  can  answer  none.  I  must,  therefore,  vote  against  this  bill. 

Mr.  DAVIS,  of  Mississippi. — If  I  understood  the  Senator  from 
Kentucky,  his  objection  to  the  bill  as  1  have  proposed  to  amend  it, 
arises  out  of  the  existing  armistice  between  the  United  Stales  and 
Mexico.  In  addition  to  the  stipulation  before  mentioned  by  me, 
the  Senator  will  find  two  general  exceptions  to  the  condition  of 
the  ijrmistice.  One  to  restrain  the  Indians  from  predatory  incur- 
sions upon  the  Mexican  settlements  ;  the  oiher,  where  armed  men 
may  be  found  banded  together  acting  without  the  authority  of 
either  of  the  contracting  parties.  The  first  ca^e  gives  the  risht 
'  to  pass  limits  of  present  occupation,  the  secojid  makes  it  the  duty 
of  both  contracting  parties  to  suppress  such  lawless  or  insurrec- 
tionary movements.  Within  one  or  other  of  these  exceptions  the 
contemplated  campaign  in  Yucatan  must  be  included. 

Mr.  FOOTE. — I  do  not  propose  to  occupy  much  of  the  time  of 
the  Senate.  Indeed,  I  paused  to  see  if  some  other  gentleman 
would  not  proceed  to  address  the  bodj'  ;  but  discovering  there  is 
no  one  who  seems  disposed  to  rise,  and  having  a  lew  remarks  to 
make,  I  may  as  well,  perhaps,  proceed  to  reply  to  a  portion  of  the 
speech  of  the  Senator  from  Kentucky. 

The  chief  Executive  of  this  repulilic  is  the  most  nnfortunste 
man  in  the  world.  The  Senator  from  South  Carolina  has  no  ob- 
jection at  all  to  the  proposition  presented  to  us,  except  that  the 
President  did  not  confine  himself  exclusively  to  the  high  ground  of 
humanity  ;  whilst  on  the  other  band,  his  placing  it  on  the  ground 
of  humanity  constitutes,  with  the  Senator  from  Kentucky,  an  in- 
surmountable Objection.  It  is  ipiite  impossible  that  the  President 
can  conform  to  the  taste  and  judgment  of  both  these  distinguished 
Senators.  It  he  can  make  an  approximation  towards  harmonizing 
the  views  of  both,  it  is  as  much  as  can  be  reasonably  expected  to 
be  accomplished  The  distinguished  Senator  from  Kentucky  ought 
to  be  the  last  to  object  to  this  measure  on  the  ground  of  humanity. 
That  Senator  is  the  great  teacher  of  humanity.  It  was  from  his 
eloquent  lips  that  I  heard  last  year,  when  sitting  behind  the  bar 
of  this  chamber,   a  most  stirring  appeal  io  the  cause  of  humanity, 

SOth  Cong.— 1st  Session— No.  74. 


every  word  of  which  went  to  my  heart;  every  argument  that  ho 
uttered  had  more  or  less  influence  upon  ray  understanding.  It  w£ii 
an  appeal  in  behalf  of  the  suifering  Irish.  The  Senator  liom  Ken- 
tucky, with  that  commiserative  sympathy  for  the  sufTerings  of  bis 
fellow-beings,  which  constitutes  equally  his  ornament  as  a  privala 
citizen  and  his  glory  as  a  high-.souled  statesman,  brought  forward 
and  sustained  by  his  irresistable  eloquence,  a  measure  for  the  re- 
lief of  the  starving  sons  and  daughters  of  Erin,  which  did  the  high- 
est honor  to  his  heart,  and,  as  I  think,  imparted  additional  dignity 
to  his  character  as  a  public  man.  From  him  we  all  learned,  on 
the  occasion  referred  to,  that  one  of  the  highest  duties  which  a  go- 
vernment like  ours  can  perform,  is  that  of  looking  out  sometimes 
bevond  our  own  borders,  and  administering  to  the  wants  of  others 
who  have,  strictly  speaking,  no  legal  claim  to  our  bounty.  Then 
he  informed  us  that  wo  owed  it  to  our  own  character  as  one  ol 
the  civilized  nations  of  earth,  to  evince  on  all  suitable  occasions, 
the  absence  of  every  thing  like  cold-hearted  selfishness,  or  apa- 
thetic indifference  to  the  happiness  of  other  human  beings,  wher- 
ever situated — whether  located  in  our  own  vicinage,  or  separated 
from  us  by  the  wide  Atlantic.  The  Senator  now  instructs  us,  as 
I  understand  him,  very  diflerently.  indeed.  He  advises  us  to  look 
closer  to  our  own  concerns  as  a  nation,  and  suggests  tha'  our  cha- 
rity will  be  most  judiciously  displayed  by  confining  its  cheering  in- 
fluence to  domestic  objects.  I  was  not  prepared  for  this  second 
lesson  from  the  distinguished  Senator,  nor  do  I  see  how  he  can  en- 
force the  views  which  he  at  present  enunciates,  without  somewhat 
impairing  the  glory  which  he  has  heretofore  acquired  as  a  politi- 
cal philanthropist.  Sir,  the  case  of  intense  human  suffering  which 
has  been  so  pathetically  presented  to  us  by  the  Senator  from  Indi- 
ana, has  been  seldom  surpassed  in  the  annals  of  civilization  ;  the 
picture  of  wretchedness,  destitution,  murder,  ravage,  and  desola- 
tion, which  has  been  so  glowingly  delineated  by  the  chairman  of 
the  Committee  of  Foreign  Relations,  needs  no  additional  coloring 
from  me,  in  order  to  be  enabled  to  awaken,  in  all  who  shall  behold 
it,  sentiments  of  sorrow  and  shame,  and  of  intense  indignatioti. — 
The  evidence  submitted  to  us  of  present  distress,  and  the  ten 
times  greater  distress  which  is  obviously  threatened,  is  so  conclu- 
sive, that  I  am  persuaded  that  we  cannot  refuse  the  aid  demanded 
by  the  unfortunate  people  of  Yucatan,  without  incurring  the  most 
profound  and  lasting  disgrace  which  has  ever  been  incurred  by  any 
great  nation,  in  ancient  or  modern  times.  It  was  certainly  not 
thus  that  Rome  was  seen  to  act  when  the  Grecian  colony  of  Mar- 
seilles appealed  to  her  for  protection  against  the  barbarians  who 
menaced  her  with  destruction  ;  nor  can  we  extract  one  justifying 
precept  from  the  wlisle  code  of  pagan  ethics,  for  such  a  course  of 
disgraceful  inaction  as  that  to  which  we  are  advised.  One  of  the 
most  distinguished  of  the  classic  historians  of  Home  has  told  us — 
"  Idem  velle,  atque  idem  nolle,  ea  demum  vera  amicilia  est,"  and 
surely  we  all  feel,  sir,  h.iw  closely  the  sympathies  of  human  hearts 
become  intertwined,  and  how  powerfully  our  own  sensibilities  are 
often  awakened  to  the  duties  of  heaven-born  charity,  by  finding 
thit  the  objects  presented  to  us  for  commiseration  and  relief,  are 
persons  whose  moral  and  intellectual  qualities  are  entiiel)'  in  uni- 
son with  our  own.  In  the  case  now  under  consideration,  we  learn 
that  civilized  men  have  been  overrun  by  barbarians — that  their 
towns  and  villages  have  been  burnt  down  or  otherwise  destroved 
— that  their  property  has  been  seized  upon — that  thousands  have 
been  massacred  in  cold  blood,  "  without  distinction  of  age,  or  sex. 
or  condition" — that  their  meredess  enemies  are  still  pursuing  them, 
and  are  determined  still  to  pursue  them,  with  all  the  nameless  hor- 
rors of  the  most  infernal  savage  warfare,  until  the  whole  whits 
race  in  Yucatan  shall  have  been  utterly  exterminated,  and  all  the 
vestiges  of  civilization  shall  be  made  to  disappear  throughout  that 
unhappy  country.  Men,  women,  and  children  cry  out  to  us  in  tones 
of  agony  that  pierce  the  sky — fellow  Christians  devoutly  implore 
our  protection — a  civilized  race  invokes  us  to  shelter  them  from 
the  unsparing  violem.'e  of  enraged  barbarians  ;  and  when  we  pro- 
pose to  administer,  in  moderation,  some  small  aid  to  those  who 
are  bound  to  us  by  such  tender  ties  of  moral  and  religious  brother- 
hood, we  are  coldly  urged  to  pause — to  wait  until  we  can  send  a 
special  agent  to  Yucatan,  to  ascertain  who  is  in  the  wrong,  the 
civilized  class,  or  their  barbarian  enemies  ;  after  which  we  will  be 
able  to  act  more  understandingly  and  with  less  risk  of  committing 
some  mistake  in  the  affair ! !  I  should  certainly  h.ive  sooner  ex- 
pected such  admonitions  from  any  other  quarter  than  the  one 
whence  it  has  emanated  on  the  present  occasion.  So  much  for  the 
question  of  humanity  ;  I  will  not  enlarge  upon  it  ;  it  cannot  be  ne- 
cessary in  this  illustrious  body. 

And  now,  sir,  let  mc  examine  for  a  moment  the  other  question 
growing  out  of  the  celebrated  recommendation  of  Mr.  Slonroe, 
concerning  which  we  have  of  late  had  so  much  discussion,  both 
here  and  elsewhere.  This  chances  to  be  no  new  topic,  but  has 
been  much  and  ably  debated,  at  different  periods,  in  both  houses  of 
the  national  legislature  ;  but  the  doctrine  of  non-interference  on 
the  part  of  any  European  power  in  the  concerns  of  this  continent, 
has,  so  far  as  I  am  informed,  had  comparatively  few  opponents  any 
where.  I  regret  to  know  that  the  wisest  and  most  salutary  prin- 
ciple announced  and  acted  upon  by  the  administration  of  Mr.  Mon 
roe,  has  met  w-ith  the  sternest  and  most  deadly  opposition  from  a 
surviving  member  of  the  cabinet  by  which  it  was,  at  the  period  of 
its  original  announcement,  unanimously  approved.  I  have  heard 
from  various  sources  heretofore  the  history  of  this  part  of  Mr. 
Monroe's  message  ;  and  that  it  was  unanimously  and  deliberately 
sanctioned  by  his  whole  cabinet,  we  have  all  long  since  learned 
from  contemporaneous  history,  and  we  would  equally  have  infer- 
red it  from  the  fact,  that  no  protest  against  it  ever  found  i.ts,way 


586 


TEMPORARY  OCCUPATION  OP  YUCATAN. 


[Friday, 


to  the  public  attention,  and  nodisapprobiti  n  has  been  at  any  time 
insinuated,  even  by  the  Senator  from  South  Carolina,  now  so  velie- 
ment  in  his  denunciations,  until  very  recently,  indeed.  In  conHrm- 
at.on  of  this  statement,  I  be^  leave  to  read  a  short  extract  from  a 
memorable  speech,  delivered  in  the  other  wing  of  this  capitol,  by 
the  distinguished  Senator  from  Massachusetts,  now  so  unhappily 
detained  from  his  seat  h.erc  by  domestic  alllictions,  in  the  year 
1826.  The  gentleman  alluded  to,  thus  spoke  in  reference  to  the 
det-lanilion  of  Mr.  Monroe,  of  late  grown  so  odious  to  some  of  its 
firmer  friends  : 

"It  has  been  siiiil.  in  the  cotiree  of  tins  debate,  to  bave  been  a  loose  and  vaguo  dec- 
laration. It  was,  1  believe,  sufficiently  studied.  I  have  understood,  from  good  authoi- 
ity,  that  it  was  well  considered,  weighed,  and  distinctly  and  decidedly  approved  by 
every  one  of  the  President's  advisers  at  that  lime.'' 

When  this  aceonnt  of  the  matter  was  given  in  the  House  of  Re- 
presentatives, by  the  distinguished  Senator  from  Massachusetts, 
the  Senator  from  South  Carolina  was  presiding;  in  this  body,  must 
have  read  the  speech,  and  yet  did  not  undertake  to  deny  the  cor- 
rectness of  the  assertion  contained  in  it  relative  to  the  unanimous 
and  deliberate  approval  of  the  principle  now  in  question  by  the 
■whole  cabinet.  I  think  he  will  have  to  admit  at  least,  that,  if  un- 
der this  message  of  Mr.  Monroe,  his  countrymeii  have  boen  led 
into  error,  and'have  been  persuaded  into  the  adoption  of  a  princi- 
ple now  deemed  by  him  so  unsound  and  dangerous,  he  is  h:mself 
not  altogether  free  from  censure  in  the  premises. 

But,  Mr.  President.  I  hold  the  declaration  of  Mr.  INIonroe  in  as 
much  respect  now  as  I  have  ever  done  heretofore  ;  and  I  am  grat- 
ified that  the  present  Ec.vecutive  has  so  strikingly  and  repeatedly 
manifested  his  own  deliberate  regard  for  it.  It  asserts  a  principle 
which,  I  am  satisfied,  is  indispensable  to  the  stability  of  our  repub- 
lic, our  salety  from  foreign  violence,  and  our  exemption  from  influ- 
ences unfriendly  to  our  peculiar  institutions.  I  shall  not  enter  at 
tliis  time  into  a  labored  vindication  of  Mr.  Monroe's  declaration  ; 
perhaps  its  wisdom  has  been  sulliciently  established  by  experience. 
I  will,  however,  read  a  few  cKtraots  Irom  the  speech  already  re- 
ferred to,  supposing  that  they  may  be  not  without  some  persuasive 
cogency  upon  the  minds  of  those  who  hold  the  opinions  of  the  dis- 
tinguished gentleman  by  whom  it  was  delivered,  in  special  re- 
spect : 

"Pir,"  said  the  personage  alluded  to,  'I  agree  with  those  who  maintain  the  proposi- 
tion and  I  coiitend  against  those  who  deny  it.  that  llie  message  did  mean  something; 
that'll  meant  much  ;  and  1  maintain,  against  both,  that  ihe  declaration  effected  mucli 
good,  answered  the  end  designed  by  it,  did  great  honor  to  the  foresight  and  the  spirit  ol 
the  government,  and  that  it  cannot  now  be  taken  back,  retracted,  or  annulled,  witli- 
onl  disgrace.  It  met,  sir,  with  the  entire  concurrence,  and  the  enUre  approbation  of 
the  coniitry  The  tone  which  it  uttered  found  a  corre. ponding  response  in  the  breasts 
ofthe  free  people  of  the  United  States.  That  peoiile  saw,  and  they  rejoiced  to  see, 
that,  on  a  fit  occasion,  our  weight  bad  been  thrown  into  the  right  scale,  and  that,  with- 
out departing  from  our  dnly,  we  had  done  something  nselul  and  something  effectual 
for  the  cause  of  civil  hberly— one  general  glow  of  exultation— one  universal  frehng 
for  the  grntifled  love  of  liberty.  One  conscious  and  prouil  perception  ol  the  considera- 
tion which  the  country  possessed  of  the  respect  and  honor  wdiich  belongeil  to  it— per- 
vaded all  bosoms,  r'ossibly  the  public  cntbusiasui  went  too  lar :  it  certainly  did  go 
far. 

"  Bnt,  sir,  the  sentiment  which  this  declaration  inspired  was  not  confined  to  our- 
selves. Il5  force  was  felt  every  where  by  all  those  who  could  understand  its  object, 
and  foresee  its  eff'ecl.  In  that  very  House  of  Commons,  of  which  the  gentleman  from 
South  Carolina  has  spoken  with  such  commendation,  how  was  it  there  received  1  Not 
only,  sir,  with  appiobaiion,  but,  I  may  say,  with  no  little  enlhusiasra.  "*  • 

*  *  I  have  here  a  word  to  say  on  the  subject  of  the  declaration  against 

EurO|iean  colonization  in  America.  The  lale  rresideiir  seems  to  have  thought  the 
occasion  used  by  him  for  that  purpose  to  be  the  profier  one  tor  the  open  avowal  ofthe 
liiiuciple  whicli  had  already  li.en  acted  on.  Orcal  anil  practical  luconvenicnces,  it 
was  feared,  might  be  apprehended,  from  the  establishment  ol  new  colonies  in  Amer- 
ica, having  a  European  origin  and  a  European  connexion.  Attempts  of  that  kind,  it 
w.TS  obvious,  might  possibly  be  made,  amidst  the  changes  thai  were  taking  place,  in 
Mexico,  aj  well  as  in  the  more  soulhcrn  Sstales.  Mexico  hounds  us,  on  a  vast  length 
of  line,  from  the  Gulf  of  ."Me.xuo  to  the  Pacific  ocean.  There  are  many  reasons  why 
it  should  not  he  ilesired  by  us,  that  an  establishment,  under  the  proleclion  of  a  difler- 
ent  power,  sliould  occupy  any  poilion  of  that  space.  We  have  u  general  iuteiest, 
that,  tlirotigh  all  the  vast  territories  rescued  from  the  dominion  of  tspain,  our  com 
mcice  might  have  its  way  protected  bv  treaties  wilh  governments  existing  on  the  spot. 
These  views,  and  others  of  a  similar  ch.aracter,  rendered  it  highly  desirable  by  us,  that 
these  new  Stale-,  should  selllc  it,  as  a  pan  of  their  policy,  not  lo  allow  colonization 
within  their  respective  territories.  True,  indeed,  we  did  not  iie-d  their  aid  to  assist  us 
in  niainiaining  such  a  course  for  ourselves ;  but  we  had  an  interest  in  their  assertion  and 
sufiport  ofthe  principles  as  iipplieahle  ro  their  own  territories." 

And  now  sir,  having,  as  I  think,  vindicated  both  the  ground  of 
"humanity"  and  that'of  '-policy"  which  have  been  taken  in  the 
President's  message,  I  will  offer  one  or  two  observations  farther 
upon  the  latter  of  them.  I  confess,  Mr.  President,  that  whilst  I 
would  ho  willing  to  do  all  that  Yucatan  requests,  because  I  deetn 
her  sulfering  people  entitled  to  our  sympathies,  I  am  not  wholly 
unmindful  oT  the  fact,  that  if  we  do  not  grant  her  assistance  she  is 
likely  to  receive  it  from  other  powers— from  England  especially. 
She  has  made  application  for  aid  and  oflcred  to  surrender  the  ter- 
ritorial dominion  of  her  country  either  to  Spain  or  Great  Britain, 
if  wo  refuse  to  recognize  her  as  entitled  to  our  sympathetic  regard. 
Suppose  wo  do  refuse  the  succor  applied  for,  and  Great  Britain, 
more  mindful  of  her  national  honor  as  well  as  her  policy,  should 
grant  it,  and  proceed  to  take  possession  of  the  country,  (all  of 
which  she  is  certain  to  do,  as  I  think  no  one  can  doubt  who  has 
examined  the  documents  upon  our  table,)  what  will  we  say  then  ? 
What  will  wo  do  ?  Will  wi!  then  go  back  to  the  message  of  Mr. 
Monroe  and  order  her  lo  retire  from  her  newly  acquired  domain  ? 
Or  will  we  suhtriit  lo  her  retaining  possession  of  Yucatan  ?  If  we 
do  then  it  is  pl.tin  iba'.  Cnlia  will  also  shortly  be  in  British  pos- 
session. Lon"  has  f^iigland  been  sighing  for  this  rich  prize  ;  and 
nothiii"  has  deterred  her  from  seizing  upon  it  but  the  declaration 
of  Mr!^Monroe,  and  the  well-founded  belief  wliieh  she  entertained 
that  that  declaration  would  bo  maintained  by  arms  if  necessary. 
Let  her  ascertain  once  that  our  government  has  resolved  to  cower 
before  her,  and  to  permit  hfr  to  colonize  again  on  this  continent, 


and  she  will  own  Cuba  and  all  Mexico  up  to  the  Rio  Grande,  ia 
less  than  ten  years  from  the  present  time.  No  man  is  excusable 
lor  not  comprehending  this  branch  of  the  policy  of  Great  Britain  ; 
it  has  been  developed  in  a  thousand  mstances,  many  of  which  are 
too  recent  to  bave  been  forgotten  by  any  member  of  this  body. 
But,  sir,  I  take  it  for  granted  that  were  we  even  lo  allow  Great 
Britain  to  get  possession  of  Yucatan,  and  thus  open  the  way  to 
farther  conquests  on  the  American  continent,  the  citizens  of  this 
republic  would  never  permit  her  to  hold  it  in  her  grasp.  They 
w-ould  prefer  going  to  war  to  submitting  to  evils  worse  than  war. 
If  war  would  and  ought  to  be  resorted  to  in  the  case  cited,  I 
earnestly  ask,  why  shall  not  war  be  averted  by  the  only  means 
capable  of  beini;  used  for  that  purpose  ;  viz — the  present  occu- 
pation of  Yucatan  ourselves  as  proposed  to  us?  Sir,  I  confess  that 
I  am  willing  to  go  farther  in  securing  our  country  from  prospeotivo 
dangers  than  this  bill  proposes  to  go.  I  should  be  willing  to  ac- 
quire Cuba  at  once  from  Spain,  by  purchase,  on  just  and  equitable 
terms.  We  have  reason  to  believe  that  Ihe  present  is  a  particu- 
larly favorable  period  for  attempting  this  important  movement. 
If  we  neglect  our  interest  in  this  matter,  no  reasonable  man  can 
doubt  that  the  rqiportnnity  of  obtaining  this  noble  island  will  have 
passed  away  forever.  With  Cuba  and  Yucatan  we  will  have  com- 
plete control  of  the  Gulf  of  Mexico,  and  of  all  the  commerce  that 
floats  over  its  surface  ;  we  will  have  it  in  our  power  to  establish 
at  once  a  direct  communication  between  the  Pacific  and  Atlantic 
oceans  ;  we  will  be  able  to  secure  to  ourselves  the  rich  monopoly 
of  the  East  India  trade  ;  we  will  be  safe  in  every  direction  from 
foreign  assailment.  Without  both  Y'ueatan  and  Cuba — (and  doubt- 
less they  must  shortly  belong  to  the  same  power) — to  what  incon- 
veniences and  dangers  must  wo  always  be  exposed  ?  Other  Sena- 
tors have  pointed  these  out  so  particularly,  that  it  is  unnecessary 
for  me  to  dwell  upon  them. 

But  the  Senator  from  Kentucky  supposes  that  we  sustain  the 
same  relations  lo  Yucatan  and  Cuba  that  the  powers  of  Europe 
do — that  we  have  no  greater  right  to  complain  of  their  interfering 
in  the  alTairs  of  this  continent,  than  if  this  intervention  should 
occur  in  Europe  ;  or,  rather  that  we  have  no  more  right  to  com- 
plain of  such  intervention  by  any  European  power  than  that  power 
would  hav«  to  complain  of  such  intervention  on  our  part.  That 
Senator  seems  to  place  no  value  upon  the  circumstance  of  local 
proximity  ;  and  yet  this  circumstance  has  been  relied  on  by  a  dis- 
tinguished statesman  of  the  whig  school,  in  a  speech  which  has 
already  supplied  me  with  several  valnahlo  extracts  for  the  edifica- 
tion ol  his  brethren  of  this  body,  as  aulhorizirg  even  a  declaratiot; 
of  wai,  by  the  United  States,  against  any  power  of  Europe  who 
should  undertake  to  possess  herself  of  Cuba,  either  by  conquest  or 
purchase.  I  read  for  the  instruction  of  Senators  on  ihe  other  side 
of  the  chamber,  as  follows  ; 

"I  now  proceed,  Mr.  Chairman,  to  a  few  remarks  on  the  subject  of  Cuba — the  most 
important  point  of  our  foreign  relations.  It  is  the  hinge  on  which  interesting  events 
may  possibly  turn.  I  pray  gentlemen  to  review  their  opinions  on  this  subject  liefore 
they  fully  commit  themselves.  I  understand  the  honorable  member  from  South  Caro- 
lina to  say.  that  if  Spain  chose  to  transfer  this  island  to  any  power  in  Europe,  she  had 
a  right  to  do  so,  and  we  could  not  interfere  to  prevent  it.  Sir,  this  is  a  delicate  sub- 
ject. I  hardly  feel  com[tetent  to  treat  it  as  it  deserves  ;  and  I  am  not  quite  willing  to 
state  here  all  that  I  think  about  it.  I  must,  however,  dissent  from  the  opinion  of  the 
gentleman  from  South  C.rrohna.  The  rights  of  nations,  on  subjects  of  this  kind,  are 
necessarily  very  much  modified  bv  cirrunistauces.  Because  England  or  France  could 
not  rightfully  complain  of  the  transfer  of  Florida  to  us,  it  by  no  means  follows,  as  the 
gentleman  supposes,  that  weconld  not  complain  ofthe  cession  ot  Cuba  to  one  of  tbero. 
file  plain  dillerence  is,  that  the  transfer  of  Florida  to  us  was  not  dangerous  to  tlie 
safety  of  either  of  those  nations,  nor  fatal  to  any  of  Iheir  great  and  essential  interests. 
Proximity  of  position,  neighljorliood,  whalexer  augments  the  power  of  injuring  and 
annoying,  very  properly  belong  to  the  consideration  of  all  cases  of  this  kind.  The 
greater  or  less  iacilily  of  access  itself  is  of  consideralion  in  such  questions,  because  it 
brings,  or  may  bring,  weighty  consequences  with  it.  Itjiistifies.  lor  these  reasons  and 
on  these  grounds,  what  otherwise  might  never  be  thought  of.  Bv  negotiation  with  a 
foreign  power,  Mr.  Jefl'erson  obtained  a  province.  Willu.ut  any  alteration  of  our 
constitulion,  we  have  niade  it  part  of  the  United  plates,  and  its  Seiialors  and  Repre- 
sentatives, now  coining  from  several  States,  are  here  among  us.  Now,  sir,  if,  instead 
of  being  Louisiana,  thi>  had  been  one  of  the  provinces  of  Spain  proper,  or  one  of  her 
South  American  colonies,  he  must  ha\e  been  a  inadinan,  that  should  liave  proposed 
such  an  acquisition.  A  high  conviction  of  its  convenience,  arising  from  proximity, 
and  from  elosfe  natural  connexion,  alone  reconciled  Ihe  country  to  the  measure.  Con- 
siderations of  the  same  sort  have  weight  iu  olhcr  cases. 

"An  honorable  mernljer  from  Kentucky.  f.Mr.  WlCKLlrrK.j  argues,  that,  although 
we  might  rightfully  prevent  anoMier  power  from  taking  Cuba  from  S[iain  by  force, 
yet,  if  Spain  should  choose  to  make  the  voluntary  transfer,  we  should  have  no  right 
whatever  to  interfere.  Sir.  this  is  a  distinction  wilhout  a  ililference.  If  we  are  likely 
to  have  contention  about  Cuba,  let  lis  first  well  consider  what  our  rights  are.  and  not 
commit  ourselves.  And.  sir.  if  we  have  any  right  lo  interfere  at  all.  Tt  ajiplies  as  well 
to  the  case  of  a  peaceable,  as  lo  that  of  a  forcible  transfer.  If  nations  be  at  war.  we 
are  not  judges  of  the  rinestion  of  right  in  that  war ;  we  must  acknowledge,  in  both 
parties,  the  mutual  right  of  attack,  and  the  inntual  right  of  conquest.  It  is  not  for 
us  to  set  bounds  to  their  helligent  operations,  so  long  as  they  do  not  affect  ourselves. 
Our  light  10  interfere,  sir,  in  any  such  ease,  is  but  the  exercise  of  the  right  of  reasona- 
ble and  necessary  self-defence.  It  is  a  high  and  delicate  exercise,  one  not  to  be  made 
but  on  grounds  of  strong  and  manifest  reason,  jnslicc,  and  necessity.  The  real  ques- 
tion IS.  whether  the  possession  of  Cuba  by  a  great  maralime  power  of  Euiope,  would 
seriously  endanger  our  own  immediate  sccnrily,  or  our  essential  interests.  I  put  the 
question,  sir,  in  the  language  of  some  of  tlie  best  considered  State  [lapers  of  modem 
tunes.  The  general  rule  of  national  law,  is,  nnquesttonably,  aguiust  iiilerf'erencc  in 
the  tiansaclions  of  oilier  Slates.  There  are.  however,  acknowledged  exceptions, 
growing  out  of  eiieumslances.  These  executions,  it  has  been  pr0|>erly  said,  cannot, 
without  danger,  bo  reduced  lo  precise  rule,  and  incorporated  into  the  ordinary  diplo- 
macy of  nations.  Nevertheless,  they  doexist,  and  must  be  judged  of  when  lliey  arise, 
with  a  jusl  regard  lo  our  own  es.seutial  interests,  but  in  a 'spirit  ijf  strict  juallce  and 
delicacy  also  towards  foreign  Slates. 

"The  grouuil  of  these  exceptions  is.  as  I  bave  already  staled,  self-preservation.  It 
is  not  a  slight  injury  lo  our  interest — it  is  not  even  a  great  inconvenience  that  makes 
out  a  case.  There  ninsl  be  danger  to  our  security,  or  danger,  manifest  nnd  imininent 
danger,  10  our  essential  rights  and  our  essential  interests.  Now,  sir,  let  us  look  at 
Cuba.  I  need  hardly  refer  lo  its  present  amount  of  commercial  conneeUon  vvith  the 
United  Sillies.  Our  slatistical  tables,  I  presume,  would  show  us  thai  our  coinuicrce 
with  Ihe  Havana  alone  is  more  in  amount  than  our  commercial  intercourse  with  Franco 
and  all  her  dependencies.  Uul  this  is  but  one  part  of  the  cas<' — not  the  most  import- 
ant. Cuba,  as  is  well  said  in  the  leport  of  the  Committee  of  Foreign  Aftiiirs,  is  placed 
in  the  month  of  the  Mississippi.  Its  oceupHlioD  by  a  strong  maratiine  power  would 
be  felt  in  the  first  moment  of  hostility,  as  far  U|)  the  Mississippi  and  tlie  Missouri  u 


May  5.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


587 


our  population extemls.  It  is  the  commaniling  point  ol"  tlie  Gulf  of  Mexico.  See, 
too,  liow  it  lies  in  the  very  liue  of  oiir  co:istwise  traffie,  interposed  ill  tlie  very  liigliway 
between  New  York  anil  New  Orleans,  Now,  sir.  who  has  estimated,  or  who  can  es- 
timate, the  effect  of  a  change  which  should  place  this  island  in  other  hands,  subject  it 
to  new  rules  of  coiumercial  intercourse,  or  connect  it  with  objects  (»f  a  difterent  and 
still  more  dangerous  nature  1  S^r,  I  repeat  that  I  ford  no  disposition  to  pursue  this 
topic  on  the  present  occasion.  My  purpose  is  only  to  siiow  its  importance,  and  to  be^ 
gentlemen  not  to  pre.iudice  any  rights  of  the  country,  by  assenting  to  propositions 
which,  perhaps,  may  be  necessary  to  be  reviewed. 

"And  here  I  differ  again  with  the  centleman  from  Kentucky.  He  tliinks  that,  in 
this  nvin  otlier  cases,  we  should  wait  till  the  event  come*,  without  any  previous  decla- 
ration of  our  sentiments  upon  subjerts  im[iortant  lo  our  own  risht'*  or  interests.  Sir, 
such  de  Inrationii  are  often  appropriate  means  of  preventing:  that,  wliicb,  if  nnpre- 
vented,  mi^bt  he  dinicult  to  redress.  A  great  object  in  holding  diplnmatic  intercourse, 
is  frankly  to  expose  the  views  and  objects  of  nations,  and  to  prevent,  by  candid  e.\- 
planatioii.  collision  and  wnr.  In  this  case,  the  government  has  said  that  we  could  not 
assent  10  the  transfer  of  Cuba  to  another  European  Stntc. 

•■''an  we  assent  ?  Do  i.'Giitlemen  lliink  we  can  ?  If  not,  then  it  was  entirely  proper 
that  tin*  intimation  should  be  frankly  and  seasonably  made.  Candor  required  it  ;  anil 
it  would  have  been  unpardonable  ;  it  would  have  been  injuslice  as  well  as  folly  to 
have  been  silent  while  we  might  suppO'te  the  transaction  to  be  contemplated,  and  then 
to  complain  of  it  afterwards.  If  we  should  have  a  subsequent  right  to  complain,  we 
have  a  previous  riftbt.  cqiirdly  clear,  of  protesting  ;  and  if  the  evil  be  one  whicli,  when 
it  comes,  would  allow  ns  to  apply  a  remedy,  it  not  only  allows  it.  but  it  makes  it  our 
duty,  also,  to  :ipply  prevention." 


And  now,  Mr.  President,  what  remains  for  us  to  do,  but  to  sup- 
port tills  bill,  simply  and  heartily,  in  the  form  in  which  it  has  been 
offered  to  us  by  our  committee.  I  see  no  necessity  lor  material 
amendment  of  any  kind  ;  and  I  feci  bound  to  declare  that  I  am 
particularly  opposed  to  the  amendment  introduced  by  my  worthy 
ooUeajTue,  which,  in  my  judgment,  would  seriously  jeopard  the 
success  of  the  measure  contemplated.  For,  if  our  senditiir  troops, 
munitions  of  war.  and  money  to  Yucatan,  be  made  to  depend  on 
the  continuance  of  the  war  with  Mexico,  it  may  liajipen  that  we 
may  ijet  intellip:ence  ol"  the  ratification  of  the  treaty  in  Mexico 
just  after  the  passable  of  this  bill  throuprh  both  liouses  of  Congress, 
and  we  shall  thus  bo  compelled  to  refuse  the  aid  requested,  solely 
for  want  of  adequate  lecjislation.  Havinij  umple  confidence  in  the 
Executive.  I  am  willintj  to  commit  the  whole  matter  lo  his  discre- 
tion, and  have  no  doubt  that  bis  action  will  be  wise,  energetic,  and 
buccessful. 

On  motion, 
The  Senate  adjourned. 


588 


PETITIONS— RESOLUTIONS,  ETC. 


[Monday, 


MONDAY,  MAY  8,  1848. 


RESOLUTIONS  OP  STATE  LEGISLATURES. 

Mr.  DIX  presented  a  resolution  passed  by  the  Legislature  of 
the  State  of  New  York,  in  favor  of  the  payment  of  the  claims  of 
American  citizbns,  for  spoliations  committed  by  France  prior  to  the 
year  1800;  which  was  read,  and  ordered  to  lie  on  the  table  and  be 
printed. 

Mr.  DIX,  in  prcscntinjj  the  resolutions  said,  he  owed  it  to  ihe 
Legislature  of  the  Stale  of  New  York,  and  to  himself  to  observe, 
that  diirnii,'  the  second  session  of  Congress,  after  he  had  the  honor 
of  taking  his  seat  on  this  floor,  this  subject  came  before  the  Senate, 
and  he  was  appointed  a  member  of  the  Select  Committee,  to 
which  the  application  of  the  claimants  was  referred.  A  majority 
of  the  committee  were  in  lavor  of  satisfying  the  claims,  and  re- 
ported a  bill  lor  that  purpose.  In  (■onjunc-tion  with  an  honorable 
Senator  from  North  Carolma,  [IVIr.  Manoum,]  not  now  in  his 
seat,  he  had  dissented  from  the  opinion  of  the  majority  of  the, 
committee,  and  it  had  become  his  duty  to  ojipose  the  report,  and 
to  defend  the  position  of  the  minority.  Thongli  ihcy  had  both 
regarded  the  case  of  the  claimants  as  one  of  great  hardship,  they 
did  not  think  it  could,  either  in  justice  iir  in  equity,  be  thrown 
direc'.ly  or  indirecily  upon  the  public  Treasury.  He  had  seen  no 
cause  to  change  the  opinion  he  had  then  formed  after  the  most 
careful  examination  he  had  been  able  to  give  to  the  subject, 
though  he  regretted  to  find  his  opinion  at  variance  with  that  of 
the  Legislature  of  the  State  he  had  the  honor  in  part  to  represent 
here  j  lie  should,  if  the  resolutions  contained  an  instruction,  pay 
a  cheerlul  obedience  to  them.  But  it  will  be  observed  that  ilie 
Legislature  has  not  given  to  the  resolutimis  such  a  binding  force, 
the  Senators  and  representatives  in  Congress  are  "earnestly  re- 
quested" to  support  the  claim.  He  would,  therefore,  only  add, 
that  if  the  subject  should  come  before  Congress,  be  should  pay  to 
the  request  of  the  Legislature  the  most  respectful  consideration. 

Mr.  UPHAM  presented  a  resolution  passed  by  the  Legislaiuro 
of  the  State  of  Vermont,  in  favor  ot  the  construciion  of  a  railroad 
from  Lake  Michigan  to  the  Pacific  Ocean  upon  the  plan  proposed 
by  Asa  Whitney  ;  which  was  ordered  to  lie  upon  the  table  and  be 
printed. 

PETITIONS. 

Mr.  STURGEON  presented  a  petition  of  citizens  of  Philadeb 
phia,  Pennsylvania,  praying  that  a  Territory  west  of  the  Missis- 
sippi river,  may  be  set  apart  for  the  permanent  homes  of  the  vari- 
ous Indian  tribes  inhabiting  the  United  States;  which  was  referred 
to  the  Committee  on  Indian  Atfairs. 

Mr.  DAVIS,  of  Massachusetts,  presented  a  memorial  of  citizens 
of  the  United  States,  praying  the  purchase  of  Mount  Vernon  by 
the  government;  which  was  referred  to  the  Committee  on  Milita- 
ry Atfairs. 

Mr.  DICKINSON  presented  a  memorial  from  citizens  of  New 
York,  praying  that  authority  may  be  given  for  the  construction  of 
a  railroad  between  that  ciiy  and  Philadelphia,  to  facilitate  com- 
mercial intercourse  and  provide  lor  the  transjiortation  of  the  mail; 
which  was  relWred  to  the  Committee  on  the  Post  Office  and  Post 
Roads: 

_     Mr,  GREENE  presented  a  petition  of  Nancy  Jillson,  praying  a 
pension,  which  was  referred  to  the  Committee  on  Pensions, 

Mr.  BENTON  presented  a  petition  from  citizens  of  Oregon, 
asking  the  immediate  extension  of  the  laws  of  the  United  Slates 
over  that  Territory,  and  donations  of  land  to  settlers  therein;  which 
was  ordered  to  lie  on  the  table  and  be  printed. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered,  That  the  petition  of  Villencuve  Le  Blanc,  on  the  files 
of  the  Senate,  bo  referred  to  the  Committee  on  Private  Land 
Claiiuii. 

EXTENSION  OF  THE  CIRCCIT  CODBT  SYSTEM. 

Mr.  YULEE  submitted  tho  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to  : 

Resolved,  Thai  tlie  Committee  on  the  Judiciary  inquire  into  the  expediency  and 
bett  moilc  of  cxl«iidingllie  circuit  court  «ytteni  to  tlie  yiate  of  Te.val,  lioiida,  Iowa, 
aud  WUcoaiiu. 

NEW  POST  OFFICE  IN  LOUISIANA. 

Mr.  JOHNSON,  of  Louisiana,  submitted  the  following  resolu- 
tion, which  svas  considered  by  unanimous  consent  and  agreed   to  : 

Rtsolvtd.  That  the  Committee  on  the  Post  Oltiw  ami  I'ost  Roads  be  instructed  to 
inquire  into  the  e.ipediency  of  estublishinj  a  |Jo>t  oltice  at  llourgere's.  id  the  parish  ot 
St.  Jaine's  State  of  Louisiana,  ou  the  west  bank  of  the  Mississippi  river,  to  be  culled 
St.  Jamus. 

THE  LAW  or  copy  RIGHT. 

Mr.  DAVIS,  of  Massachusetts,  submitted  the  following  resolu- 
tioB,  which  was  considered  by  unRnimous  consent  aud  agroed  to  : 


Resolved,  That  the  Comtnittee  on  the  Library  Ire  instructed  to  inquire  whether  the 
provisions  of  the  law  requirmg  of  puhhshers  who  take  out  a  copy-right,  to  plaja  the 
work  in  the  Library  of  Congress  needs  amendment. 


INCREASE  l.V  THE  NUMBER  OF  MIDSHIPIrtEN,  ETC. 

JOHNSON,  of  Georgia,  submitted  the  following  resolu- 
whieh  were  considered  bv  unanimous  consent  and  agreed 


Mr. 
tioiis, 
to  : 

liesohed,  That  the  Committee  on  Naval  AfFairabe.  an.l  they  are  hereby, histract- 
ed  to  examine  into  the  propriety  and  necessity  of  estabhsbing  a  professorship  of  inter- 
national law  in  tlie  naval  school  of  Annapolis. 

liesolved.  That  thes.itnc  cominitlei^  be,  and  they  are  hereby,  instructed  to  inquire 
into  the  propriety  and  ncc'^sitr  of  removing  the  restrictions  imposed  by  the  acl  of  1st 
-•Vupusl.  1F42,  by  whit-'b  the  number  of  midshipmen  in  the  navy  is  limited  to  451,  so 
far  as  to  authorize  the  incrv.tse  of  the  number  lo  46tt;  and  also  of  allosving,  at  ail  times 
hereafter,  each  State  and  Territory  to  have  two  midshipmen  for  each  representali\*a 
in  Conjjress  to  which  it  may  be  entitled. 

Resolve:!,  That  ihe -raid  commiilee  he,  and  they  ore  lierebv.  instructed  to  inquire 
into  the  expediency  of  authorizing  by  law  the  appointment  of^one  midshipman  out  of 
eight  in  ten  at  large,  irrespective  of  actual  residence,  and  that  they  report  upon  each 
of  the  abovenanied  subjects  by  bill  or  otherwise. 

AFFAIRS   IN   YUCATAN. 

Mr.  JOHNSON,  of  Maryland,  submitted  the  following  resolu- 
tion, which  was  considered  by  unanimous  consent  ard  agreed  to  ■ 

Resolved.  That  the  President  be  requested  to  communicate  to  the  Senate  all  the  in- 
formation, in  hi:-  po'">^ession,  in  relation  to  the  condition  of  Yucatan  ;  and  which  he 
had  before  him  when  his  recent  mi;s$age,  relative  to  that  country,  was  sent  to  Con- 
gress ;  and  also  any  inibimation  which  he  may  since  have  obtained  as  to  its  present 
condition. 

NOTICE    or    A    BILL. 

Mr.  DOUGLAS  gave  notice  that  on  to-morvow,  or  some  early 
day  thereafter,  ho  will  ask  leave  to  introduce  a  bill  to  grant  the 
right  of  v.-ay,  and  a  donation  of  public  land,  to  the  State  of  Iowa, 
for  the  purpose  of  constracting  a  railroad. 

RIGHT    OF   WAY   TO   INDIANA. 

Mr.  BREESE,  from  the  Comraitlee  on  Public  Lands,  to  whom 
was  referred  tho  memorial  of  I  be  Ohio  and  Mississippi  Railroad 
Company,  reported  a  bill  to  grant  the  right  of  way  through  the 
public  lands  to  the  Slate  of  Indiana  for  certain  purposes  ;  which 
was  read  and  passed  to  the  second  reading. 

BOUNTY    LANDS,    ETC. 

Mr.  BREESE,  from  the  same  Committee,  to  whom  were  refer- 
red the  bills  IVora  the  House  of  Representatives  for  the  relief  of 
those  pre.craption  claimants  on  Miami  lands  in  Indiana,  who,  by 
their  services  in  the  Mexican  war,  are  entilled  to  bonnty  land  ; 
and  to  authorize  the  citizens  of  Ozark  county,  Missouri,  to  enter 
less  than  a  quarter  section  of  land  for  the  seal  of  justice  in  said 
county  ;  reported  them  without  amendment. 

Mr.  BREESE,  from  the  same  committee,  to  whom  was  refer- 
red the  bid  from  the  House  of  Representatives  in  relation  to  mili- 
tary land  warrants,  reported  it  with  an  amendment. 

CHANGE    or    REFERENCE. 

On  motion  by  Mr.  BREESE,  it  was 

Ordered,  That  the  Committee  on  Public  Lands  be  discharged 
from  the  fui-ther  consideration  of  the  memorial  of  the  legislature  of 
Alabama  in  relation  to  tho  assent  of  Congress  to  an  act  leasing  the 
canal  round  ihe  Muscle  Sliols,  and  that  it  be  referred  to  the  Com- 
mittee on  Roads  and  Canals. 

PRIVATE    BILLS. 

Mr.  HANNEGAN,  from  the  Committee  on  Foreign  Relations, 
to  whom  was  referred  the  lucmorial  of  the  personal  representative 
of  William  A.  Slacum,  reported  a  bill  for  the  relief  of  the  personal 
ropreseuiative  of  William  A.  Slacum  ;  which  was  read  and  passed 
to  the  second  reading. 

Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  to  whom  was  referred  the  joint  resolution  from  tho  House 
of  Represaiitatives  for  the  relief  of  George  R.  Smith,  reported  it 
without  amendment. 

ADVERSE    REPORTS. 

Mr.  TURNEY,  from  the  Committee  on  Patents  and  the  Patent 
Office,  to  whom  was  referred  the  petition  of  James  Hurley,  re- 
ported "that  tho  committee  be  discharged  from  tho  further  con- 
sideration thereof;"  which  was  referred  to. 

Mr.  WESTCOTT,  from  the  Committee  on  the  Judiciary,  to 
whom  was  referred  the  memorial  of  Sarah  Ten  Eyck  widow  of 
Conrad  Ten  Eyck,  submitted  a  report  asking  that  the  committee 
be  discharged  from  the  further  consideration  thereof  on  the  ground 
that  the  committee,  at  this  and  former  sessions,  had  declared  ''that 
verdicts  and  cenilioates  of  juries  Undinir  balances  in  favor  of  ds. 


May  S.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


5S9 


be 


fendants,  when  sued  by  the   United   Status,  cannot  be  received  a3 
evidence." 

CHANGE    OF   REFEREKCE. 

On  motion  by  Mr.  DAYTON,  it  was 

Ordered,  Tliat  the  Committee  on  Patents  and  the  Patent  Office 
_j  dischaviTed  from  tlie  further  consideration  of  the  petition  of 
Cadvvallader  Evans,  and  that  it  be  referred  to  the  Committee  on 
Commerce. 

FEDERAL    C0DRT3    IN    NEW    JERSEY. 

Mr.  DAYTON,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  bill  in  relation  to  the  terms  of  the  circuit  and  dis- 
trict courts  of  the  United  States  for  the  district  of  New  Jersey, 
reported  it  without  amendment. 

DISTRICT    COURT    IN    TENNESSEE. 

Mr.  DAYTON,  from  the  Committee  on  the  Judiciary,  to  wham 
was  referred  the  bill  authoii/.ing  the  district  judse  of  the  State  of 
Tennessee  to  hold  a  special  term,  reported  it  without  amendment, 
and  asked  its  immediate  consideration. 

The  Senate  proceeded  to  consider  said  bill,  as  in  Committee  of 
the  Whole,  and  no  amendment  being  made  it  was  reported  to  the 
Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 
Resolved,  That  tliis  bill  pass,  and  that  the  title  thereof  be  as  aforesaid 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

PUBLIC    ARCHIVES    IN    FLORIDA. 

Mr.  WESTCOTT,  from  the  Committee  on  the  Jiidiciary,  to 
whom  was  referred  the  bill  respecting  the  public  archives  in  Flo- 
rida, reported  it  with  an  amendment,  and  asked  its  immediate 
consideration. 

The  Senate  proceeded  to  oonsidor  said  bill,  as  in  Committee  of 
the  Whole,  and  the  amendment  was  agreed  to. 

No  further  amendment  being  made,  the  bill  was  reported  to  the 
Senate  and  the  amendment  concurred  in. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Raolved.  Tliat  this  bill  pass,  and  that  llie  title  thereof  be  as  afottsald. 
Ordered.  That  the   Secretary  request   the   concurrence   of    the 
House  of  Representatives  in  said  bill. 

MESSAGE    FROM    THE    H0U3B. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  clerk  ; 

"Mr.  President;  The  House  of  Representatives  have  passad  bills  for  the  relief  of 
John  B.  Smith  and  Simeon  Dsrden  ;  for  the  relief  of  Thftinas  H.  Legectt  ;  for  the 
relief  of  Lot  Davis  ;  lor  the  relief  of  William  H.  Wilson,  and  for  the  rtlief  of  Amos 
Unit,  in  which  they  request  the  coocQrrence  of  the  Senate- 

HOUSE    BILLS    REFERRED. 

The  bills  from  the  House  of  Represeutatives  for  the  relief  of 
Amos  Bull;  for  the  relief  of  John  B.  Smith  and  Simeon  Darden; 
and  for  the  relief  of  William  H.  Wilson,  were  severally  read  the 
first  and  second  times  by  unanimous  consent,  and  referred  to  the 
Committee  of  Claims. 

The  bill  from  the  House  of  Representatives  for  tlie  relief  ef  Lot 
Davis  was  read  the  first  and  second  times,  by  unanimous  consent, 
and  referred  to  the  Committee  on  Naval  Aftairs, 

The  bill  from  the  House  of  Representatives  for  the  relief  of 
Thomas  H.  Leggett,  was  read  the  first  and  second  times,  by 
unanimous  consent,  and  referred  to  the  Committee  on  Finance, 

DISCHARQFD. 

On  motion  by  Mr.  LEWIS,  it  was 

Ordered,  That  the  Committee  on  the  Post  Office  and  Post 
Roads  be  discharged  from  the  further  consideration  of  the  petition 
of  Joseph  Nock. 

PRIVATE    BILL. 

Mr.  DAYTON,  by  unanimous  consent,  asked  and  obtained  leave 
to  bring  in  a  bill  for  the  relief  of  John  \V.  Simonton;  which  was 
read  the  first  and  second  times,  by  unanimous  consent,  and  re- 
ferred to  the  Committee  on  Naval  Affairs. 

GR.\NT    OF    LAND    TO    ARKANSAS. 

Agreeably  to  notice,  Mr.  BORLAND  asked  and  obtained  leave 
to  bring  in  a  bill  to  grant  to  the  State  of  Arkansas  certain  unsold 
lands,  subject  to  overflow,  for  purposes  of  internal  improvement, 
education,  and  other  purposes,  in  said  State;  which  was  read  the 
first  and  second  times,  by  unanimous  consent,  and  referred  to  the 
Committee  on  Public  Lands. 


AID    TO    VtJC.iTAN. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  the  hill  to  enable  the  President  of  the  United  States 
to  take  temporary  military  occupation  of  Yucatan. 

The  question  pending  was  upon  agreeing  to  the  amendment 
submitted  on  the  5th  instant,  by  Mr.  Davis,  of  Mississippi. 

Mr.  HOUSTON  addressed  the  Senate  at  length  in  favor  of  the 
bill.     His  speech  is  given  in  the  Appendix. 

Mr.  NILES  intimated  his  intention  to  submit  some  remarks 
upon  this  bill,  but  desired  an  opportunity  to  examine  the  docu- 
ments which  had  recently  been  laid  before  the  Senate,  upon  the 
subject  to  which  the  bill  related. 

Mr.  GREENE. — I  am  informed  that  there  is  some  Executive 
business  to  be  transacted,  and  as  it  is  late  in  the  day,  if  there  be 
be  no  objection,  I  will  propose  that  the  bill  be  passed  over  in- 
formally. 

Mr,  FOOTE, — There  is  an  urgent  matter  of  business  to  be 
transacted  in  Executive  session. 

Mr,  HANNEGAN. — If  the  Senator  from  Connecticut  is  not 
ready  to  proceed  with  the  discussion  of  this  bill,  I  suppose  some 
other  Senator  is  ready.  It  is  very  important  that  the  bill  should 
be  speedily  passed, 

Mr,  JOHNSON,  of  Maryland.— 1  understand  the  honorable  Se- 
nator from  Connecticut  to  say  that  he  desires  to  examine  the  doc- 
uments connected  with  this  subject.  They  were  laid  upon  the 
table  only  this  morning  I  believe,  and  I  suppose  there  are  not 
three  Senators  who  have  seen  them.  The  Senator  is  naturally 
desirous  of  informing  himself  first  of  the  facts  out  of  which  this 
particular  measure  has  grown.  Now,  I  understand  the  chairman 
of  the  Committee  on  Foreign  Relations  to  say  that  it  is  a  matter 
of  vast  importance,  which  demands  instantaneous  action  on  the 
part  of  the  Senate.  If  it  be  so  all  important,  this  is,  of  itself,  a 
sufficient  reason  why  it  should  bo  well  considered.  But  I  am  sur- 
prised to  hear  from  the  Senator  that  it  is  a  matter  demanding  in- 
stantaneous action.  Why,  if  I  understand  the  matter  aright,  the 
subject  has  been  before  the  Executive  for  six  months.  The  pajrers 
are  now  laid  upon  our  tables,  and  we  are  asked  to  involve  the  na- 
tion, if  such  is  to  be  the  decision  of  Congress,  in  all  the  perils  of 
a  protracted  and  uncertain  warfare  against  savages,  I  tru^t  that 
Senators  will  sec  that  it  is  due  to  the  President,  that  it  is  due  to 
the^nation,  to  sav  nothing  of  the  Senate  that  we  should  have  full 
time  to  deliberate  before  being  called  on  to  act  upon  a  measure  so 
vitally  important. 

Blr.  FOOTE, — It  seems  to  me  that  there  has  been  sufiicient 
time  for  an  examination  of  the  documents  that  have  been  laid  upon 
our  table;  and  that  Senators  ought  to  be  prepared  to  act  upon  at 
this  moment.  In  reference  to  a  remark  of  the  Senator  from  Ma- 
ryland, he  will  allow  me  to  say  that  the  Executive  has  not  been  in 
possession  of  all  the  facts  relating  to  the  case  of  Yucatan,  for  six 
months  as  the  Senator  supposes.  New  facts  have  been  communi- 
cated from  time  to  time.  I  trust  that  if  the  Senator  from  Con- 
necticut is  not  ready  to  proceed  this  morning,  that  there  is  some 
other  Senator,  who  desire  to  discuss  this  bill  who  may  be  ready. 

Mr,  HANNEGAN.— The  Senator  from  Maryland  will  recollect 
that  the  message  was  communicated  to  the  Senate  on  last  Satur* 
day  week,  and  ordered  to  be  printed;  that  on  Monday  it  was  re- 
ferred to  the  committee,  and  reported  back  on  Thursday.  The 
Senator  will  perceive,  then,  that  I  have  not  demanded  instanta- 
neous action.  I  had  hoped,  however,  that  the  Senate  would  take 
action  to-morrow  upon  the  subject,  for  the  reason  that  if  we  act 
at  all  it  is  necessary  that  we  do  so  at  an  early  period.  When  wa 
come  to  read  the  accounts  that  have  been  placed  upon  our  tables 
this  morning,  they  will  be  found  to  amount  to  a  mere  corrcborutiou 
of  what  we  have  already  heard.  The  delay  in  communicating  to 
us  the  facts  of  the  case  by  the  President  was  because  he  was  wait- 
ing until  all  the  inibrmation  relating  to  the  subject  had  been  ob- 
tained. 

Mr,  JOHNSON,  of  Maryland, — I  do  not  wish  to  be  understood 
as  censuring  the  Executive  at  all — 

Mr,  HANNEGAN, — I  will  state  another  fact  connected  with 
this  subject  to  show  the  reason  why  I  deem  it  of  the  utmost  im- 
portance that  we  should  act  promptly  upon  this  subject.  It  is  that 
if  we  do  not  .act  promptly,  not  only  will  the  people  of  Yucatan 
suff(-M'  in  the  meantime  lor  the  want  of  assistance,  but  the  result 
will  be  that  on  the  arrival  of  our  troops  we  shall  find  an  English 
force  there,  and  who  will  pretend  to  say  that  he  can  foresee  the 
consequences  to  be  apprehended  from  such  a  state  of  things? 

Mr,  JOHNSON,  of  Maryland,— I  was  about  to  say  that  it  was 
not  my  purpose  to  censure  the  Executive.  The  message  was  sent 
on  Saturday  week,  but  so  far  as  I  can  understand  from  examining 
the  papers  accompanying  the  message,  the  facts  were  laid  before 
the  Executive  sfx  months  ago.  I  now  understand  the  Senator  from 
Indiana  to  say  that  this  is  true,  but  that  the  Executive  waited  un- 
til further  information  was  received,  and  I  desire  to  ask  the  Sena- 
tor if  that  inlormatinn  is  not  contained  in  the  documents  that  have 
been  laid  upon  our  tables  this  morning. 

Mr.  HANNEGAN.— I  reply  to  the  Senator  that  it  is  not  any 
new  or  additional  information,  it  is  merely  in  corroboration  of  that 


)90 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Monday 


■wliicli  lias  already  been  put  into  our  possession.  The  subject  has 
been  before  the  Senate  for  upwards  of  a  week,  and  the  Senator  has 
not  thoui,'ht  jiroper  to  call  for  any  inforination  in  addition  to  that 
wliicli  was  communicated  with  the  message. 

Mr.  JOHNSON,  of  Maryland.— I  had  presumed  that  the  Pre- 
sident of  the  United  States,  in  sending  to  the  Senate  a  message 
like  this,  would  have  sent  with  it  all  the  inl'ormation  relatii.g  to 
the  case.  I  understand  now,  however,  from  the  Senator  from  In- 
diana, tliat  the  information  he  has  sent,  is  information  on  which 
the  Executive  did  not  act,  and  that  the  information  that  induced 
him  to  act  is  not  communicated  to  us.  I  was  not  aware  of  thi.s 
before.  I  supposed  that  what  was  laid  upon  our  tables  this  mor- 
ning, was  eveiy  thing  that  the  Executive  was  in  possession  of  at 
the  time  he  sent  in  the  message,  but,  if  it  is  not  it  allbrds  another 
reason  why  we  should  act  deliberately,  and,  I  propose,  if  the  sub- 
ject bo  postponed,  to  call  upon  the  President  for  all  the  informa- 
tion. 

Mr.  H  ANNEG  AN  —If  it  were  proper  to  allude  to  the  proceed- 
ings of  another  branch  of  Congress,  I  could  inform  the  Senator 
that  a  call  was  promptly  made  and  promptly  responded  to  by  the 
communication  of  letters  from  commodore  Perry,  and  from  Lieut. 
Murray  Mason  who  have  been  upon  that  station,  in  confirmation 
of  the  statements  already  communicated.  Mucli  as  I  dislike  the 
mode  of  debate  by  question  and  answer,  yet,  if  the  Senator  from 
Maryland  will  allow  me,  I  will  ask  him,  suppose  we  delay  action 
and  that  authentic  information  comes  to  us  that  England  is  in  pos- 
session of  Yucatan,  how  would  he  then  act  ? 

Mr.  JOHNSON,  of  Maryland.— When  I  get  such  information 
i  shall  be  prepared  to  answer  the  Senator.  About  the  time  when 
the  annexation  of  Texas  was  proposed,  we  heard  a  great  deal 
said  about  the  design  of  England  to  interfere  and  take  Texas  under 
her  protection.  We  heard  a  great  deal  about  England's  coqueting 
■with  Texas,  and  we  were  told  that  if  wc  did  not  annex  her,  she 
would  annex  herself  to  England— that  the  affair  was  pregnant 
with  danger.  Now,  if  the  honorable  chairman  will  permit  me  to 
put  the  same  question  to  him  in  relation  to  every  pan  of  the  con- 
tinent. According  to  the  doctrine  of  Mr.  Monroe,  we  must  take 
charrre  of  the  whole  continent.  How  do  we  know  but  that  the  for- 
ces of  Euf'land  are  now  crossing  the  Atlantic  with  the  view  of 
seizing  upon  some  portion  of  the  continent,  and  if  this  is  to  justify 
us  in  involvinii  ourselves  in  a  state  of  war,  we  shall  be  engaged  in 
war  continually?  I  think  that  one  war  at  a  lime  is  quite  enough, 
we  have  got  little  from  it  except  glory.  And  it  is  a  little  extraor- 
dinarv  that  there  should  be  an  effort  to  force  upon  us  now  a  meas- 
ure like  this,  when  we  have  it  confessed  by  the  chairman  of  the 
Committee  on  Foreiun  Relations,  that  the  very  information  with- 
out whicli  the  President  would  not  have  acted,  he  has  not' thought 
proper  to  communicate  to  the  Senate.  I  ama  little  surprised,  and 
I  cannot  help  expressing  my  surprise,  that  he  should  not  have 
communicated  it  without  being  interrogated.  I  propose  now  to 
ask  him  to  communicate  all  the  information  in  his  possession. 

Mr.  CALHOUN. — There  are  two  questions  involved  in  this 
mutter.  One  is  the  dantrer  of  England  taking  possession  of  this 
country  before  we  can  ;  but  in  my  apprehension,  there  is  no  neces- 
sity for  hurrying  on  that  account.  The  other  question  is  that  of 
humanity.  According  to  tlie  provisions  of  tliis  bill,  we  can  render 
no  aid  for  months  to  cime.  The  only  aid  that  can  be  furnished  is 
in  the  hands  of  the  President.  I  mean  the  naval  forces — and  I 
iru-st  he  will  use  them  with  the  utmost  effect.  He  has  ample  pow- 
,  er  to  do  so  without  the  authority  of  Congress.  I  trust  that  the 
...  Senator  from  Connecticut  will  be  permitted  to  have  to-morrow  for 
presenting  his  views  to  ihe  Senate. 

Mr.  HANNEGAN.— So  far  as  aid  can  be  extended  by  the  naval 

forces  it  will  be  to  a  very  limited   extent   indeed.     I  dislike  very 

-    much  to  have  this  question   delayed.     One  word   in   reply  to  the 

Senator  from  Maryland.     I  put  "the   case  of  England  taking  pos- 

•  session  of  California.     If  England   puts   a   hostile  foot  there,  she 

•  meets  an  enemy  to  oppose  her,  there  is  no  similarity  at  all  between 
the  cases. 

Mr.   JOHNSON,  of  Maryland.— Does  the  honorable  Senator 
mean  to  say,   that  we   have  both   Californias,   and   mean  to  hold 
'f   them  ? 

Mr.  H.\NNEGAN. — Sufficient  unto  the  day  is  the  evil  thereof. 
I  hope  her  foot  will  not  be  placed  there  ;  if  it  should  be,  I  wonKl 
hold  it  right  to  drive  her  off  without  hesitation.  England  may  be 
coqueting  says  the  Senator,  it  is  a  strange  species  of  coquetry. 

Mr.  JOHNSON,  of  Maryland.— I  did  not  say  so. 

Mr.  HANNEGAN.— The  Senator  said  that  Texas  and  England 
had  carried   on   a   little    game    of  coquetry. 

Mr.  HOUSTON.— Will  the  Senator  be  good  enough  to  state 
upon  what  authority  he  founds  a  charge  like  that— for  it  iscertalm 
ly  a  serious  chiirge. 

Mr.  JOHNSON,  of  Marvland.— I  said  that  Texas  had  coquet- 
ted with  England,  but  1  did  not  intend  to  bring  it  forward  as  a 
charge  acainst  Texas,  or  her  worthy  representatives.  If  the  Sen- 
ator wilTallow  me,  I  will  recall  to  his  recollection,  that  on  a  cer- 
tain occasion  when  he  was  making  a  pilgrimage  with  General 
Jackson,  and  was  at  New  Orleans,  where  the  people  received 
them  with  great  eclat,  in  a  speech  that  he  made  there,  he  said— 
if  the  papers  of  llic  day  correctly  reported  his  remarks— that  there 
was  a  little  coquetry  in  the  manner  of  England  towards  Texas. 


Mr.  HOUSTON. — I  am  glad  that  the  Senator  has  afforded  me 
an  opportunity  of  replying  to  a  charge  that  was  utterly  unfounded. 
It  was  corrected  in  a  communication  the  next  day,  sent  to  an  edi- 
tor, which  he  never  thouffht  worth  while  to  publish.  What  I  said 
was,  that  if  Texas  had  been  guilty  of  coquetry  with  Eng- 
land, she  would  be  perfectly  justifiable,  in  consequeneeof.  the  indif- 
ference with  which  slie  had  been  treated  by  the  United  States.  It 
was  true  that,  after  the  United  States  had  treated  Texas  with  in 
difference  and  even  repulsion,  some  influence  was  brought  to  bear 
upon  the  public  mind  to  dispose  it  more  favorably  towards  Texas. 
The  a^ent  of  the  United  Slates  in  Texas  was  a  gentleman  who 
felt  deeply  interested  in  the  matter  ;  and  from  a  want  of  becoming 
courtesy  on  the  part  of  the  authorities  of  Texas  towards  the  Bri- 
tish agent,  his  apprehensions  were  greatly  excited.  No  pains  were 
taken  to  allay  or  counteract  these  apprehensions.  The  agent  of 
the  United  States  was  at  liberty  to  draw  his  own  conclusions,  and 
I  would  have  thought  it  very  indelicate  to  have  instructed  a  minis- 
ter of  this  enlightened  government  to  extend  civilities  to  any  one 
which  were  not  agreeable  to  himself. 

Mr.  HANNEGAN.— I  have  only  to  say  that  this  coquetry, 
like  most  coquetry,  would  have  resulted  in  the  most  serious  con- 
sequences, had  not  the  United  States  determined  to  annex  Texas. 
It  would  hare  resulted  fatally  for  Texas.  The  honorable  Seiiator 
from  New  York,  in  a  .speech  some  eight  or  ten  days  since,  laid  so 
clearly  before  the  Senate,  the  rapid  stride  that  England  is  making 
along  the  Isthmus,  that  it  would  be  folly  for  me  to  advert  to  it 
again.  The  gentleman  said  that  England  is  ready  to  grasp  Yu- 
catan. Has  she  not  already  seized  possession  of  the  most  fertile 
part  of  that  country  called  the  Balize? 

It  is  England  through  her  agents,  that  has  stirred  up  the  South- 
ern Indians  against  the  white  people.  The  gentleman  is  not  sat- 
isfied, because  the  President  has  not  communicated  every  thing  to 
us.  What  does  tlie  President  do  ?  He  communicates  to  your  bo- 
dy the  transactions,  he  gives  you  all  the  substance,  all  the  infor- 
niation  that  any  man  can  reasonably  ask,  and  yet  it  does  not  sat- 
isfy the  Senator!  Yucatan  being  a  province  of  Mexico,  and 
beins  overrun  and  laid  waste  by  savages,  applies  to  us  for 
th  England,  whose  object  we  are 
pon  xucatan.  Tlie  question  is  then,  will  you 
-  wait  and  allow  her  to  do  so  '  That  would  involve  at  once  the 
question  of  war  or  peace  between  the  United  States  and  England. 
The  governor  of  Jamaica  has  been  applied  to,  and  I  have  not  the 
slightest  doubt,  that  without  waiting  to  hear  from  home,  be  will 
respond  to  the  call  that  is  made  upon  him.  Mr.  Sierra  says,  that 
unless  they  receive  aid  within  two  months,  Yucatan  must  cease  to 
exist,  and  yet  we  are  to  sit  here  day  after  day,  without  coming  to 
any  determination.  I  have  ever  been  in  favor  of  the  largest  liber- 
ty in  debate,  but  in  such  a  case  as  this,  when  we  are  called  upon 
by  every  consideration  of  justice  and  humanity,  out  of  regard  to 
our  own  government  and  its  institutions,  we  ought  not  to  hesitate 
a  moment. 


protection,  simultaneously   wit 
told,  is   to  seize   upon  Yucatan 


Mr.  DAVIS,  of  Mississippi.— The  honorable  Senator  from  Indi- 
ana, the  chairman  of  the  Committee  on  Foreign  Relations,  has 
presented  the  emergency  in  such  a  strong  light  that  it  ought  to  be 
sufficient  to  induce  Ihe  Senate  to  act  upon  the  bill,  but  if  not  sulli- 
cient,  then  I  hope  the  bill  will  be  passed  over  until  to-morrow,  and 
give  place  to  a  bill  reported  by  the  chairman  of  the  Committee  on 
Military  Affairs,  for  raising  twenty  regiments  of  volunteers.  I 
hold  that  if  we  are  to  do  any  thing,  it  must  be  done  immediately, 
that  Great  Britain  may  find  us  in  the  occupation  of  the  country, 
otherwise  wc  may  be  compelled  to  come  in  collision  with  that 
iiower.  If  the  bill  be  passed  over,  then  I  hope  the  chairman  of 
the  Military  Committee  will  press  his  bill,  and  that  it  will  be  pass- 
ed this  day. 

Mr.  CALHOUN.— I  think  that  the  Senate  must  be  satisfied  by 
this  time  of  the  correctness  of  what  I  said,  when  the  message 
lirst  came  in.  that  there  was  a  great  deal  in  it  to  produce  de- 
liberation. When  certain  words  were  used  in  a  message — I  am 
always  on  the  look  out.  Here  comes  a  quiet  message  of  but 
few  lines,  merely  intimating  that  it  is  possible,  and  only  pos- 
sible, that  Great  Britain  may  take  possession  of  Yucatan. — 
But  there  is  not  a  particle  of  information  which  leads  us  to  appre- 
hend such  a  result.  The  original  basis  of  the  recommendations  of 
the  President,  however,  is  the  question  of  humanity.  But  con- 
nected with  this,  there  is  presented  the  supposition  that  there  la 
actually  danger  of  an  English  war  for  the  possession  of  Yucatan. 
That,  I  regard,  as  the  merest  fiction.  This  is  not,  Jin  my  opinion, 
any  such  exigency  as  requires  us  to  act  at  once,  except  as  relates 
lo'thc  question  ot  humanity. 

Mr.  CRITTENDEN  supported  the  motion  of  the  Senator  from 
Mississippi,  to  lav  the  bill  on  the  table,  and  reiterated  his  objec- 
tions to  the  bill  itself. 

Mr.  WESTCOTT.— I  am  in  favor  of  the  suggestion  of  the  Sen- 
ator from  Mississippi,  [Mr.  Davis;]  but  not  on  the  grounds  ad- 
vanced by  the  Senator  from  Kentucky,  [Mr.  Cbittenden,]  and 
I  will  state  my  reasons.  I  am  in  favor  of  measures  being  adopted 
by  this  government  with  respect  to  Yucatan,  like  those  indicated 
in  this  bin.  I  have  heard  a  great  deal  said  about  sympathy  and 
humanity,  and  so  forth  for  one  of  the  belligerent  parties  in  Yuca- 
tan, and  that  it  should  induencc  our  action  on  this  bill.  Those 
considerations,  in  this  matter,  have  not  a  feather's  weight  with  me. 
My  sympathy,  as  a  Senator,  is  for  my  own  covintry— my  car©  fot  it« 


May  8.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


591 


honor  and  its  interests.  I  don't  know,  nor  do  I  care,  any  thing 
about  the  quarrel  between  the  different  hostile  parlies  in  Yucatan. 
Mv  vote  and  action  is  induced  by  totally  dilferent  considerations. 
It'is  true,  and  that  is  all  that  I  re£;ard  it  as  important  to  know, 
that  Yiu-atan  is  now  the  theatre  of  a  civil  war.  Under  the  pre- 
tence ol'  sympathy  or  humanity,  or  of  protectin;;  the  interests  of 
her  subjects,  Great  Britain  is  sending  troops  into  that  State.  I 
have  had  sent  to  me  a  newspaper,  published  at  Cam  peachy,  on 
the  31st  of  March,  184S,  called  "-El  Amiga  del  Pueblo,"  which 
I  have  now  in  my  hand,  with  a  translation  of  it,  showing  fully  the 
state  of  aff;iirs  on  this  point  u\  Yucatan.  It  states  that  the  British 
governor  of  the  Balizo  had  sent  to  a  town  or  village  in  Yucataa, 
called  Bacalar,  "  three  companies  of  troops  for  the  object  of  pro- 
tecting the  mterests  of  British  subjects  in  the  town  of  Bacalar." 
I  am  satisfied,  from  the  past  courses  of  Great  Britain,  that  the  ob- 
ject stated  is  a  mere  pretence— a  pretext  for  getting  possession  of 
the  country  and  holding  it.  She  got  possession  of  the  Balize  some 
sixty  odd  years  ago,  by  a  diplomatic  fraud  followed  up  by  force. 
By  the  troalv  of  peace  between  her  and  Spain  in  1783,  he  .secured 
th*  right  to  cut  logwood  in  Honduras,  hut  the  sovereignty  was  not 
cedcd'by  Spain  to'her,  and  Great  Britain  was  even  required  to  de- 
molish all  forts  she  had  created  there;  (Vide  Chalmers  collection 
of  British  Treaties,  vol.  2,  p.  233.)  and  vet  she  has  sent  and  kept 
troops  there,  has  a  governor  and  other  officers,  and  a  custom 
house  there,  and  has  assumed  and  exercises  all  the  powers  of  sov- 
eigiity.  So  she  took  possession  of  the  islands  and  keys  on  the 
co'ast  opposite  to  the  Balize,  though  not  in  the  treaty.  She  has 
never  faltered  at  the  mode  or  means  of  accomplishing  her  designs 
upon  territory,  or  important  military  or  naval  positions  belonging 
to  nnother  nation.  Gibralter  and  Malta,  and  the  Bahamas,  arc 
held  by  her  because  they  are  such  positions.  She  is  now  ready 
to  pounce  down  on  Yucatan,  and  she  will  hold  it,  hecauso  it  will 
also,  in  her  hands,  be  such  position — nay,  she  has  already  got  it 
within  her  grasp.  . 

Mr.  President:  It  is  important  for  our  interests  that  she  should 
not  continue  to  hold  Yucatan.  She  hates  us,  and  there  is  not 
much  love  lost.  She  wants  Yucatan  as  an  important  naval  posi- 
tion, from  which  she  can,  in  time  of  war,  harass  and  annoy  our 
commerce  in  the  Gulf  of  Mexico,  and  that  which  goes  through  the 
Caribbean  sea  farther  south,  and  as  a  military  outpost,  from  which 
she  can  assail  the  five  States  lying  on  the  Gulf.  Sir,  the  uorthern 
point  of  Yucatan  is  hut  250  miles  from  the  soulherniuost  point  of 
Florida,  and  but  60  miles  from  Cuba,  and  less  than  400  from  Ja- 
maica. Look  at  the  map  of  my  State;  for  nearly  a  hundred  miles 
the  Lucayo  or  Bahama  islands  lay  a  long  side  of  her.  and  with  a 
populaiioii  of  emancipated  slaves,  many  employed  in  vessels  of 
small  burthen,  and  being  from  fifty  to  sixty  miles  only  from  us. 
These  vessels  visit  our  coast  at  pleasure,  and  seek  to  interfere  in  the 
occupations  of  our  citizens.  They  have  olten  aided  slaves  to  abscond, 
and  have  harbored  thera,and  as  the  Senator  from  South  Carolina, 
[Mr.  Calhoun.]  can  state,  while  ho  was  Secretary  of  State; 
they  harbored  several  fugitive  slaves,  who  fled  across  the  Florida 
straits  to  Nassau,  N.  P.,  in  a  stolen  boat,  after  perpetrating  an 
atrocious  murder,  and  yet,  when  demanded  by  the  United  States, 
»ud  an  officer  sent  in  public  a  vessel  for  them,  and  though  they  were 
in  Nassau,  in  violation  of  the  tenth  article  of  the  Ashburton  trea- 
ty, the  British  authorities  refused  to  yield  up  the  felons,  though 
evidence  of  the  murder  and  felony  was  furnished  duly  authentica- 
ted— being  copies  of  the  indictment  found  against  them  in  Florida 
This  infamous  violation  of  the  treaty,  is  yet  unatoncd  for  !  Great 
Britain  covets  Cuba,  and  unless  we  keep  a  sharp  look  out,  will 
get  it.  Does  any  body  doubt  it  ?  If  there  is  any  one  who  does,  I 
would  ask  them  to  listen  to  a  part  of  Lord  George  Bcntinck's 
speech  in  the  House  of  Commons,  on  the  3rd  of  February  last,  in 
a  debate  about  the  West  Indies  and  slavery,  and  emancipation 
and  sugar,  and  this  country.  I  call  the  attention  of  the  Senator 
from  South  Carolina,  to  his  language. 

"  He  quite  agreed  witti  Captain  Pillliiig  on.  Tliey  would  never  jmt  down  the  tiave 
rade  so  long  as  it  depended  upon  btocKadiiig  lO.i'ltO  iiiilet  of  coast.  He  would  do 
wtiat  Captain  Pitkington  reeonimeudeil, — slriiie  a  b'ow  al  llie  liead  anil  not  at  the 
hand.  lie  would  not  send  an  army  to  destroy  every  individual  hornet,  but  go  to  the 
hornet's  nest  at  once,  and  sniothei  thai  nest"  of  the  slave  trade  which  now  existed  in 
Cuba.  (Ilear.  hear.)  He  Iiad  read  in  the  The  Tiwrs  an  extract  from  an  LTnited 
States  paper,  lu  which  it  was  stated,  that  if  the  United  States  did  not  possess  liei>elf 
of  Cuba,  Great  Brilaiii  would,  and  that  England  luid  a  greater  claim  b^  one  Iiuiidred 
fold  to  Cuba,  than  the  United  States  hail  to  Mexico,  because  a  sum  ot  £4.^,(100, 000, 
was  due  to  British  subjects  upon  Spanish  bond~,  and  Cuba  was  hypothecated  for  the 
jiaymeiit  of  that  debt.  And  why  did  the  Americans  think  that  Graat  Britain  would 
like  to  have  possession  of  Cuba!  Because  they  knew  she  could  never  put  down  the 
slave  trade  so  long  as  it  was  carried  on  at  Cuba,  in  its  present  form.  He  would  there- 
fore say  ar  opce,  let  them  take  pussession  of  Cuba,  and  settle  the  question  altojretftfri 
let  th  mtiiitrain  upon  it  for  the  just  debt  dne,  and  too  long  asked  in  vain,  fiom 
tlie  Spanish  government.  (Hear,  hear.)  They  would  put  an  end  to  lite  slave  trade 
if  tlity  cuiitd  eniancipate  the  slaves  of  Cuba.  If  the  people  of  this  country  thought 
it  right  to  spend  jC15U,0UO,0O0.  in  putting  doicn  slave-ty.  and  ruining  our  colo- 
nies hesides,  would  it  not  be  cheap /ro/tcr/  to  pat  an  end  to  slavery  for  ever  hij  seiiimr 
Cuba  1 

The  Cham  ELLOR  of  the  Exchequer  (Sir  Charles  M^ood.)  but  would  you  seize 
the  Brazils  as  well  ! 

Lord  George  Bentinck  said,  "  the  cose  of  Cuba  stood  upon  its  own  merits,  and 
upon  the  debt  of  X45,GU0.000.  due  to  British  sdbjeets  from  the  t^paoish  Government. 
Then,  dppemi  upon  it,  when  Great  Britain  possessed  Havannah,  as  once  she  did,  in 
17ri2,  when  she  lield  it  for  about  a  year  and  then  exchanged  it  for  the  Floridas,  and 
when  she  could  cut  the  trade  of  America  in  two,  no  more  boasts  would  he  heard  of 
what  the  United  States  could  do,  such  as  that  which  was  not  long  ago  nllered  by  one 
of  her  military  oflieers,  who  declared  that  they  never  would  be  satijhed  until  ('ncle 
Sam  had  set  his  liglit  foot  upon  Briush  Canada,  and  his  left  upon  California,  embrace 
the  whole  of  the  eastern  seaboard,  and  throw  his  leg,  like  a  freeman,  over  the  whole 
continent  of  Soutli  America  to  Cape  Horn,  with  Cuba  for  a  cabbage  garden.  That 
was  the  course  which  should  be  taken,  to  put  an  end  to  slavery  and  slave  tr.adiiig. 
and  that  having  been  done,  there  would  be  no  diHiculty  in  the  British  planter  going  lo 
the  coast  of  .'Vfiica  and  obtaining,  not  by  purchase,  not  by  war,  but  by  the  induce- 
nunl  of  freedom  and  good  wages,  any  number  of  Africai-s  he  might  require  for  the 


cultivation  of  the  soil.  He  thanked  the  hoose  for  having  so  long  listened  to  him. 
(Hear,  hear.)  As  he  had  said  before,  if  anv  one  should  choose  to  tatie  a  more  decis- 
i  ve  and  immediate  course  for  affording  lelief  to  the  British  planters, — a  course  which 
he  should  think  moat  desirable, — he  should  not  consider  himself  precluded  from  sop- 
p'orting  such  a  proposition;  bat,  feeling  himself  without  the  power  of  carrying  such 
a  resoution  through  the  house,  he  wrus  prepared  to  go  into  this  committee,  resol- 
ved to  examine  iiiio  all  the  different  modes  by  which  relief  could  be  afforded,  and 
if  he  could  not  obtain  all  lie  desired,  he  would  accept  all  he  could  get  for  the 
planters  in  our  East  and  West  Indian  po^5'•ssion«.  (Hear,  hear.)  The  noble 
jjrd  con'duded  by  moving  for  a  select  committee  to  inquire  into  the  present  con- 
dition and  prosppctsof  theinterests  connected  with  and  dependent  on  sugar  and  coffee 
nlanlin"  in  Her  Majesty's  East  and  Wect  Indian  possessions  and  the  ItJaoritius;  nnd 
to'consider  whether  any  and  what  measures  can  be  adopted  by  Parliament  for  ;heir 
relief" 

This  was  the  language  of  one  of  the  most  distinguished  states- 
men of  Great  Britain,  in  his  place  in  Parliainent. 

Mr.  CALHOUN. — I  am  very  glad  that  the  Senator  has  called 
my  attention  to  the  declaration  ot  Lord  George  Bentinck,  and  I 
take  this  opportunity  of  exposing  what  I  regard  as  a  very  fraudu- 
lent proceeding,  on'the  part  of  newspaper  editors  .in  this  country. 
Lord  George  Bentinck  is  hostile  to  the  present  administration  in 
Enr'land.  When  ho  made  the  declaration  the  British  ministry  in 
the^gravcst  manner  uttcrlv  disavowed  it,  and  yet  onr  editors  have 
printed  and  published  in'  every  direction  the  remarks  of  Lord 
George  Bentinck  without  puhfisbing  the  contradiction.  But  the 
fact  is  as  I  have  stated,  that  an  express  disavowal  was  made  by 
the  British  ministry  in  the  strongest  possible  language. 

Mr.  AVESTCOTT.— The  interruption  of  the  Senator  prevented 
me  from  adverting  to  the  course  of  the  British  minister  in  the  next 
sentence  I  should^have  uttered,  as  I  have  seen   that  course  stated 
in  the  same   report  from  the   London  Times  t'rom   which  I  copied 
the  remarks  of  Lord  Bentinck.     I  may  he  in  error,  but  I  am  quite 
certain,   the   British   Chancellor  ol  Exchequer,    (not   Lord   John 
Russeil,)  in   reply,  confined  his   sjteeeh  to  the  tlcclaration  that  he 
should   not  follow  Lord  George  in   his  remarks,  and  that   he  could 
not  accede  to  his  suggestions.     I  do  not   remember  any  emphatic 
repudiation  of  them.     But  it  is  not  Lord  George  Bentmeks  decla- 
ration alone,  that  I  rely  on   to  prove  the  designs  of  Great  Britain 
on   Cuba,  and,  as  it  follows  of  course,  on   Y'ucatan.     Besides  the 
possession  of  these  places,  and  whether  she  gets  jjossessionof  them 
or  not,  she  seeks  to  eraancipato   the  slaves  in  Cuba,  and  to  strike 
the  southern  portion  of  this  confederacy  through  its  domestic  insti- 
tutions.    She  has  avowed  her  design  to  see  slavery  .abolished  on  this 
continent,  and   that  her  efforts   will  bo  directed   to  eflect  it.     Her 
policy  towards  us  is  consistent  with  this  avowal.     She  meddled  in 
the   Texas   alfair — she  meddled  in   California  and   Mexico,  and  is 
now  intcrferms;  in  Yucatan.     Her  agents  made  the  Mexican  treaty 
and   it  is  more  for  their  aiKantage   than  it   is  for   ours.     Arc   the 
Southern  States  of  this  confederacy  prepared   to  see  the  slaves  in 
Cuba  emancipated  by  the  efforts  of  Great  Britain — ard  then  to  see 
her  in  possession  of  Yucatan,  and  jiopulate  it  with  a  colony  of  manu-_ 
mitted  negroes  from  Jamaica.     My  State  will  not  assent  to  sucK 
a  state  of  things,  while  my  voice  can  be  heard  to   protest  against 
any  line  of  policy  that  will  result  in  it.     Why    sir,  Florida  would 
be   surrounded  by  a   cordon  of  lorcigu   colonial   governments,  tho 
population  of  which  would  bo  emancipated   slaves,  under  the  con- 
trol of  the  worst  enemy  of  the  United  States,     While  Cuba  is  not 
disturbed  by  British  intrigues — while  Spain  is  allowed  to  remain 
in  quiet   possession  of  that  beautiful  Island— while   abolitionism  is 
not  allowed  to  foment  incendiarism ,  then  I  would  not  interfere  with 
Spain  in  her  dominion  over  it.    We  ilo  not  covet  it,  unless  our  enemy 
seeks  to  obtain  it   .is   a   means   to   work    us  injury    in  peace   or  in 
war.    Before  Great  Britain  is  allowed  to  take  it,  I  trust  those  who 
may  be  in  the  administration  will  resist  it  by  force.     Rely  upon  it. 
Great  Britain  looks  to  Y'ucatan  with  sirailiar  views,  as  she  looks  to 
Cuba.     With  respect  to  it  I  would  observe  the  same  policy.     I 
would  go  to  war  with  her  for  it. 

Mr.  CRITTENDEN  would  ask  the  Senator  from  Florida  if 
the  government  meant  to  take  possession  of  Y'ucatan  under  this  dill 
and  hold  it  permanently  ? 

Mr.  WESTCOTT. — If  Great  Britain  attempted  to  retain  pos- 
session of  it,  I  hope  our  goveiJiment  will,  and  I  would  resist 
Great  Britain's  attempts  by  force. 

Mr.  CRITTENDEN. — That  is  not  an  answer  to  my  enquiry. 
Does  the  Senator  design  to  take  possession  of  Yucatan  at  once  and 
retain  it,  and,  should  it  be  necessary,  by  military  force? 

Mr.  WESTCOTT.— That  depends  on  cueumstanees.  If  Great 
Britain  makes  any  attempts  to  hold,  or  if  the  country  becomes  de- 
relict of  government,  I  certainly  would  do  so.  Yucatan  was  of 
the  utmost  importance  to  the  United  States.  I  have  not  time,  and 
this  is  not  the  proper  occasion  to  go  into  this  part  of  the  subject, 
but  I  can  show  it  is  important  to  us.  As  to  its  present  condition 
being  any  evitlenee  that  it  was  no  agricultural  country  ;  every  body 
knows  that  the  Spanish  and  Mexicans,  and  hall  Indians  that  re- 
side there,  are  not  the  people  to  develope  the  agricultural  resources 
of  a  country.  Twenty-seven  years  ago,  when  under  Spanish  rule, 
there  was  scarcely  a  white  inhabitant  within  a  hundred  miles  ot 
what  is  now  a  flourishing  city  in  Florida,  exporting  upwards  ot 
six  millions  of  agricultural  products  annually,  and  the  surround- 
ing country  settled  with  planters  of  cotton,  sugar,  rice,  and 
corn,  though  that  country  was  then  ilenounced  by  travelling  writers, 
newspapers,  and  in  Congress  as  valueless.  Yucatan  can  be  made 
valuable  as  an  agricultural  country  butif  not.  and  if  held  by  us 
merely  as  a  naval  station  it  will  render  the  possession  of  Cuba  to 
Great  Britain  for  the  objects  she  wished,  comparatively  worthless. 

Mr.  President,  I  am  in  favor  of  carrying  out  the  principles  pro- 


592 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Monday, 


claimed  by  President  Monroe  in  his  messages  of  1823  and  1824.  I  re- 
srard  his  declarations  to  amount  in  substance  to  an  annunciation  to 
the  world,  that  no  European  monarchical  power  would  be  allowed, 
thorealter,  to  extend  or  increase  its  empire  or  dominion  in  this 
coimtry.  I  am  I'or  standing  by  these  declarations  at  all  hazards. 
And.  sir,  it  is  a  mistake  to  suppose  that  this  was  the  first  tunc  in 
the  history  of  this  jzovernment  that  a  President  of  the  United 
States  advanced  such  doctrine.  In  1811  President  Madison  ad- 
vanced it,  and  carried  it  ont.  Congress  sanctioned  it  by  practical 
and  efliiient  action.  1  allude  to  the  acts  of  Concress  passed  in 
1811,  wuh  relercuce  to  the  taking  possession  of  the  Floridas.  Wo 
were  then  at  peace  with  Spain — had  no  dispute  with  her — Great 
Britain,  it  was  suspected,  was  .'seeking  to  get  holilol  the  Floridas. 
Not  half  the  evidence  of  her  designs  as  to  the  Floridas  existed,  that 
exists  as  to  her  designs,  on  Cuba  and  Yucatan.  Mr.  Madison 
addressed  a  special  secret  message  to  Congress,  and  it  legislated 
upon  it  with  closed  doors. 

Mr.  JOHNSON,  of  Maryland. — Give  the  dates  if  you  please. 

Mr.  WESTCOTT.— The  message  is  in  the  3d  vol.,  American 
State  Papers,  iille  Foreign  Relations,  page  395  ;  see  also  page 
591,  for  other  papers  ;  and  it  advances  the  doctrines  and  policy 
declared  in  the  law  and  resolution  I  sh;ill  quote.  It  is  dated  Jan- 
uary 3,  ISll.  The  resolution  and  laws  are  to  be  found  in  3  vol., 
Stat,  at  Large,  page  471.     1  will  refer  to  them  particularly. 

Congress,  in  secret  session,  January  15,  1811,  passed  a  reso. 
Union  resolving  : 

That  taking  into  view  the  peculiar  sifiiation  of  Spain  and  of  her  American  pro- 
ninces,  nnd  considering  tlie  influence  wliit'h  the  de.stinv  of  the  territory  a.'joiniiig  the 
sonlhern  boriierol'  the  United  Stales  may  ha.ve  ujjon  their  security,  Irauquility.  and 
commerce,  therelblu 

RtRfilccd,  &c.,  Tliat  the  United  Slates  under  the  peculiar  circumstances  of  the 
e.Ttslin^  criii..  cannot  vvitlioul  serious  inquietude,  see  any  par;  of  the  said  terrilory  ,>asi 
Into  t!ie  hands  of  any  foreign  power ;  and  that  a  dne  regard  to  their  own  safety  com- 
peU  them  to  provide  under  cerlain  contingencies  for  the  temporary  OL-cupation  of  the 
said  territory,  tliey  at  the  same  time  declare  that  the  said  teniiory  shall,  in  their  hands, 
remain  subject  to  futuje  negotiation. 

On  the  same  day  it  passed,  in  secret  session  also,  an  act  au- 
thorizing the  President  ''to  take  possession  of.    and  occupy  all,  or 


any  part  of,  (the  Floridas,)  in  case  an  arrangement  has  been  or 
shall  he  made  with  the  local  authority  of  tlio  said  territory  for 
delivering  up  the  possession  of  the  same  or  any  pan  thereof  to  the 
United  Slates,  or  in  the  event  of  an  attempt  to  occupy  the  same, 
or  any  part  thereof,  by  any  foreign  government,-'  &c.  ;  and  it  au- 
thorized the  employment  of  the  array  and  navy  which  he  deemed 
necessary  for  that  purpose,  and  it  appropriated  money  to  elfeet 
the  object  ;  and  it  further  authorized  ihe  President  "to  establish 
within  the  terrilory  aforesaid  a.  temporary  government,"  with 
military,  civil,  and  judicial  powers,  kc;  and  March  3,  ISIl,  it 
passed,  in  secret  session  also,  another  act  direciing  said  law  anil 
resolution  not,  to  be  published  with  tlieolher  laws. 

In  1811  part  of  West  Florida,  west  of  Peidido,  was  taken  pos- 
session of,  and  occupied,  and  held  under  this  authority  ;  and  Feb- 
ruary 12,  1812,  another  act  was  passed  authorizing  the  President 
to  continue  to  hold  it,  and  we  did  hold  it  till  Spain  ratified  and 
confirmed  our  possession  by  the  treaty  of  1819.  In  1811,  and 
1812,  and  1813,  under  these  laws  troops  were  also  sent  to  East 
and  West  Florida,  west  ol  the  Perditio,  but  subsequently  with- 
drawn at  the  close  of  the  war  with  Great  Britain. 

Here  is  the  action  of  Congress  carrying  out  the  doctrine  claimed 
to  he  Mr.  Monroe's  twelve  years  before  his  message. 

Mr.  President,  I  am  for  standing  up  to  these  principles  and 
doctrines.  I  would  not  retreat  one  inch.  Maiiif.''!  them  by  the 
power  we  now  possess,  treble  that  we  could  wield  in  1811.  The 
case  of  Yucatan  is  one  that  calls  for  their  being  put  into  force. 
For  this  reason,  and  not  from  any  alfected  sympathy  shall  I  sup- 
port the  administration  in  sending  troops  to  Yucatan  ;  and  I  would 
not  leave  the  President  to  act  on  his  own  rcsponsibilitv,  I  would 
make  it  his  duty  by  express  law.  It  is  due  to  the  country,  and  it 
is  due  to  the  chief  magistrate,  that  the  action  of  Congress  should 
be  had,  by  which  he  can  be  governed,  and  faction  cannot  impute 
unconstitutional  proceedings  to  him  if  it  should  involve  us  in  a  con- 
test with  another  power. 

The  bill  was  then  passed  over  inlormally. 

On  motion. 

The  Senate  adjourned. 


May  9.] 


PETITIONS— PRIVATE  BILLS,  ETC. 


593 


TUESDAY,  MAY  9,  1848. 


PETITIONS. 

Mr.  DICKINSON  presented  a  petilion  of  Seneca,  Onondaga' 
and  Cayuga  Indians,  praying  tlie  reimbursement  of  expenses  in' 
curred  in  an  ineffectual  attempt  to  emigrate  to  tho  territory  as' 
signed  them  in  the  southwest,  and  that  homes  may  be  provided 
for  them  in  the  northern  portion  of  the  United  States  ;  which  was 
referred  to  the  Committee  on  Indian  Affairs. 

Mr.  STURGEON  presented  a  memorial  of  citizens  of  Phila- 
delphia, Pennsylvania,  praying  that  a  territory  may  be  set  apart, 
west  of  the  Mississippi  river,  for  the  permanent  homes  of  tho 
various  Indian  tribes  inhabitin;;  the  United  States  ;  which  was 
referred  to  the  Committee  on  Indian  Affairs. 

Mr.  BORLAND  presented  the  memorial  of  the  representatives 
of  William  Armstrong,  dec-eased,  praying  compensation  for  his 
services  as  United  Stales'  Indian  agent  ;  which  was  referred  to 
the  Committee  on  Indian  Affairs. 

Mr.  HOUSTON  presented  a  memorial  of  citizens  of  Philadel- 
phia, Pennsylvania,  praying  that  a  territory  west  of  the  Missis- 
sippi river  may  be  set  apart  for  the  permanent  homes  of  the  vari- 
ous Indian  tribes  inhabiting  the  United  States  ;  which  was  refer- 
red to  tho  Committee  on  Indian  Affairs. 

BU0T3  ON  THE  COAST  OF  FLORIDA  AND  GEORGIA. 

Mr.  YULEE  submitted  the  following  resolution,  which  was 
considered,  by  unanimous  consent,  and  agreed  to  : 

Resotvrd,  That  tlie  Commiltee  on  Commerce  be  instructed  to  inquire  into  the  ne- 
oefi.jty  of  making  further  provision  for  buoys  at  Nassau  Bar,  in  Florida,  and  at  St- 
Andrew's,  St.  Simon's  Sapello,  St.  Catharine's,  Ossibau.  and  Warsaw,  in  Georgia  t 

SUPERINTENDENT    OF    THE    ANTE-CHAMBEK , 

Mr.  BADGER  submitted  the  following  resolution  for  considera- 
tion : 

Jir~^nipfil,  Tliat  the  resolution  adopted  on  the  21st  of  December  last,  niithonzinf; 
the  Vice  Pri-sident  to  appoint  a  superintendent  of  the  Senate's  ante-chamber  be,  and 
the  same  is  hereby  repealed. 

COMMITTEE    ON  ENROLLED    BILLS. 

On  motion  by  Mr.  UPHAM,  it  was 

Ordered,  That  two  members,  to  be  appointed  by  the  Vice 
President,  be  added  to  the  Committee  on  Enrolled  Bills. 

Mr.  Johnson,  of  Georgia,  and  Mr.  Borland  were  appointed. 

MESSAGES  FROM    THE  PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States  by  Mr.  Walker,  his  Secretary  : 

To  the  Senate  of  the  United  States: 

I  communicate  herewith  a  report  of  the  Secretary  of  War.  together  with  tiie  accom- 
panying rlocuinents.  in  compliance  Willi  the  resolution  of  the  Senate,  of  tlie  25lh 
April,  requesting  the  President  to  cause  to  be  sent  to  the  Senate,  a  copy  of  the  opinion 
of  the  Attorn. 'y  General,  with  copies  of  the  accompanying  papers,  on  the  claim  made 
by  the  Choctaw  Indians,  for  S5.0f)O.  with  interest  thereon  i'lom  the  date  of  the  transl'er, 
being  thediflerence  between  the  cost  of  the  stock,  and  the  pat  value  thereof  transferred 
10  tllem  by  the  Chicaksaws,  nnder  the  convention  of  the  17th  January.  1837. 

JAMES  K.  POLK 

Washington,  May  8,  1848. 

The  message  having  been  read,  it  was 

Ordered,  That  it  be  referred  to  the  Committee  on  Indian  Af- 
fairs. 

Tathe  Scnotrof  the  United  States: 

In  answer  to  the  resolution  of  the  Senate  of  the  8th  instant,  requesting  further  in- 
formation in  relation  to  the  condition  of  Yucatan,  I  transmit  herewith  a  report  of  the 
Secretary  of  the  Navy,  with  the  accompanying  copies  of  communications  from  offi- 
cers of  the  Navy  on  the  subject.  JAMES  K.  POLK. 

Washington, 'May  9,  184ti. 

The  message  having  been  read,  it  was 
Ordered,  That  it  be  printed. 

MESSAGE    FROM    THE    HOtJSE. 

The  following  message  was  received  from  the  House  of  Repre- 
tentatives  by  Mr.  Campbell,  their  Clerk  : 

Mr.  President :  The  House  of  Representatis-es  have  passed  a  bill  to  amend  an  act, 
entitled  "An  act  to  raise  for  a  limited  time  an  additional  military  force,  and  for  other 
pnrposes,  "  approved  February  lltli,  1847;  in  which  they  request  the  concnrience  of 
the  Senate, 

The  above  named  bill  was  read  the  first  and  second  times,  by 
unanimous  consent,  and  referred  to  the  Committee  on  Public 
Lands. 

UNITED  states'  COURTS  IN  NEW  HAMPSHIRE. 

Mr.  MOOR,  from  the  Committee  on  the  Judiciary,  to  ■whom  ths 
80th  Cong. — 1st  Session — No.  75. 


subject  was  referred,  reported  a  bill  to  change  tho  place  of  holding 
the  Circuit  and  District  Courts  in  the  District  of  INew  Hampshire, 
which  was  read  and  passed  to  the  second  reading. 


PRIVATE   BILLS. 

Mr.  YULEE,  from  the  Committee  on  Naval  Affairs,  to  whom 
was  referred  the  petition  of  Michael  Hanson,  reported  a  bill  for 
his  relief ;  which  was  read  and  passed  to  tho  second  reading- 
Mr.  DIX,  from  the  Committee  on  Military  Affairs,  to  whom 
were  referred  the  documents  relating  to  the  claim  of  Emiline  Ow- 
ens, reported  a  bill  for  the  relief  of  the  legal  representatives  of 
Thomas  J.  V.  Owens  ;  which  was  read  and  passed  to  the  second 
reading. 

Mr.  UNDERWOOD,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  piitition  of  Calvin  Read,  submitted  a  report  ac- 
companied by  a  bill  for  his  relief. 

Tho  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

CHANGE    OF   REFERENCE. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered,  That  the  Committe  on  Pensions  bo  discharged  from 
the  further  consideration  of  the  bill  from  the  House  of  Represen- 
tatives for  the  relief  of  Francis  M.  Holton,  and  that  it  be  referred 
to  the  Committee  on  Naval  Affairs. 

NOTARIES   PUBLIC. 

Mr.  DAYTON,  from  the  Committee  on  the  Judiciary,  to  whom_ 
was  referred  the  bill  to  authorize  Notaries  Public  to  take  and  cer-' 
tify  oaths,  atfirmations  and  acknowledgments  in  certain  cases,  re- 
ported it  with  an  amendment. 

FAY    DEPARTMENT    OF    THE    ARMY. 

Agreeably  to  notice,  Mr.  DIX  asked  and  obtained  leave  to  bring 
in  a  bill  concerning  the  pay  department  of  the  army  ;  which  was 
read  the  first  and  second  times,  by  unanimous  consent,  and  refer- 
red to  the  Committee  on  Military  Affairs. 

JUDICIAL    DISTRICT    OF  ARKANSAS. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  to  divide  the  District  of  Arkansas  into  two  judicial 
districts  ;  and 

On  motion  by  Mr.  BORLAND,  it  was 

Ordered,  T  hat  it  be  recommitted  to  the  Committee  on  the  Judi- 
ciary. 

MESSAGE  FROM  THE  PRESIDENT. 

The  following  message,  was  received  from  the  President  of  the 
United  Sates,  by  Mr.  Walkek,  his  Secretary: 

Mr.  President :  The  President  of  the  L'aited  States  has  this  day  approved  and  sien- 
ed  an  act  for  the  relief  of  John  Black,  late  Consul  of  tfie  United  Stales  at  the  city  of 
Mexico;  an  act  for  the  relief  of  Christopher  Cunningham  ;  and  a  joint  tesolntion  re- 
specting contracts  for  hemp  for  the  use  of  the  American  navy. 

DEFERRED  NOMINATIONS. 

The  Senate  resumed  the  consideration  of  the  resolution  submit- 
ted by  Mr.  Johnson,  of  Maryland,  on  the  28lh  ult.,  in  relation  to 
military  and  civil  appointments  made  by  the  President  during  the 
recess  of  the  Senate,  and  not  yet  nominated  for  confirmation. 

Mr.  JOHNSON,  of  Maryland.— The  honorable  Senator  from 
Ohio  the  other  day  objected  to  this  resolution  on  the  ground,  that 
it  was  unconstitutional  to  demand  of  the  President  his  reasons  for 
not  having  sent  to  us  for  confirmation  the  appointments  that  he 
has  made  during  the  recess  of  Congress.  Although  in  my  opinion 
it  is  not  obnoxious  to  this  objection,  yet  to  remove  all  difficulty  I 
will  move  to  strike  out  the  latter  part  of  the  resolution,  so  as  to 
make  it  call  upon  the  Puisideiit  to  know  merely  whether  there  are 
officers,  civil  or  military,  holding  commissions,  whose  appoint- 
ments have  not  been  communicated  to  the  Senate. 

Mr.  ALLEN. — The  amendment  which  the  Senator  proposes  to 
make  in  the  resolution  dees  not  entirely  remove  my  objection  to  it. 
If  the  Senate  has  a  right  to  call  upon  the  President  at  ail  for  in- 
formation m  regard  to  such  a  subject  as  this,  he  has  an  equal 
right  to  call  upon  the  Senate  to  know  what  they  have  done,  or  in- 
tend to  do  in  regard  to  matters  before  them.  I  think  the  thing  is 
entirely  irregular  and  unconstitutional  ;  and  I,  therefore,  move  to 
lay  the  resolution  on  the  table. 


594 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[TtJESDAYj 


Mr.  JOHNSON,  of  Maryland. — I  had  hoped  that  the  ampnd- 
ment  which  I  have  sii^aested  ■would  have  removed  the  objections 
of  the  Senator  from  Ohio,  and  have  induced  the  Senate  to  adopt 
the  resolution  at  once  ;  but  I  was  disappointed.  I  understand  the 
Senator  now  to  say,  that  any  such  resolution  of  inquiry  would  be 
irregular  and  unconstitutional. 

Mr.  ALLEN. — Any  resolution  in  regard  to  the  appointing 
power. 

Mr.  JOHNSON. — I  understand  the  honorablei  Senator  ;  he  told 
us  the  other  day  that  it  was  in  conflict  with  the  provisions  of  the 
constitution,  which  confers  upon  the  Executive  authority  to  appoint 
to  all  vacancies  that  occur,  in  the  recess  of  Conf^ress,  and  that 
such  commission  would  bo  in  force  until  the  end  of  the  succeedinji 
session.  There  is  other  pressing  business  bBfore  the  Senate,  and 
it  would,  therefore,  be  improper  in  me  at  this  time  to  occupy  its 
attention  upon  this  question,  but  I  must  bo  permitted  to  say,  that 
I  think  the  honorable  Senator  from  Obio  will  perceive  that  the 
provision  to  which  he  has  alluded,  that  such  appointment  was  to 
continue  during  the  next  session,  was  merely  intended  to  give  the 
Executive  a  reasonable  time  ;  but  it  must  not  be  supposed  that 
the  Senate  is  to  bo  deprived  of  a  reasonable  time  to  act  upon  the 
nominations  after  they  are  sent  in.  In  order  that  there  should  be 
no  interruption  in  the  service  to  be  performed  by  any  officer  so 
appointed  the  provision  was,  that  he  should  continue  to  hold  his 
appointment  during  the  continuance  of  the  ses.sioii  unless  ho  should 
in  the  meantime  be  displaced.  Now  it  is  a  little  singular — I  ara 
not  to  he  understood  as  finding  fault  with  the  power  of  appoint- 
ment ol  the  President,  but  it  is  a  little  singular  that  there  are 
none  of  the  powers  of  this  government  that  have  received  so  lati- 
tudinarian  a  construction  as  this  power  of  the  Executive-  It  has 
happened  more  than  once  that  the  decisions  of  the  judiciary  de- 
partments of  the  government  have  been  denounced  as  usurpations. 
So  far  as  the  Executive  is  concerned,  if  he  keeps' within  the  letter 
of  the  constitution  it  is  supposed  that  he  acts  in  obedience  to  its 
spirit.  No  man  can  be  so  blind  as  not  to  see,  that  the  investment 
in  the  President  of  the  appointing  power  during  the  recess  of  the 
Senate,  is  a  matter  arising  from  the  necessity  of  the  case  for  the 
purpose  of  keeping  the  government  in  existence.  But  we  have 
been  in  session  now  for  upwards  of  five  months,  and  we  are  yet 
■without  official  information  in  regard  to  appointments  to  office  that 
have  been  made  since  our  last  session. 

For  the  first  time  in  the  history  of  this  government  almost — nav, 
for  the  very  first  time — we  have  sent  abroad  our  army,  and  our 
navy  charged  with  the  duty  of  conquest,  br  way  of  indemnity  ; 
that  conquest  to  be  prosecuted  until  indemnify  ■was  fully  obtained. 
At  the  commencement  of  the  war  -we  gave  to  the  Executive  au- 
thority to  raise  fifty  thousand  troops.  He  discharged  that  duty, 
I  will  venture  to  s.ay,  not  improperly.  More  field  olTicers  were 
required,  and  authority  was  given  to  the  Executive  by  Congress  to 
appoint  those  officers.  He  appointed  them  in  obedience  to  that 
authority,  and  in  addition  to  this  he  has  appointed  other  oflicers 
during  the  recess  of  the  Senate.  Why  is  it'  that  these  appoint- 
ments have  not  been  sent  in  ?  Is  the  government  paying  nothing 
for  the  services  of  these  officers  ?  Are  they  not  now  receiving 
their  pay  and  emoluments  ?  I  have  said— and  I  meant  it  in  no  in- 
vidious sense— that  we  have  a  certain  Brigadier  General  Pillow 
in  the  service,  upon  whom  the  chief  command  would  have  devolved 
in  case  of  the  happening  of  a  certain  event.  Why  is  if  that  his 
appointment  has  not  been  sent  to  us  for  confirmation  ?  Whv  is  it 
that  he,  upon  whose  braveryj  and  .skill,  and  jidgment,  the  success 
our  army  might  have  depended,  is  to  be  the  mere  appointee  of  the 
President  ?  There  are  also  others  who  have  been  appointed  in 
the  same  manner.  There  is  a  certain  Brigadier  General  Cush- 
ing,  who  is  now  .sitting  in  judgment  on  the  commander-in-chief  of 
the  army.  Why  has  not  his  appointment  been  sent  in  ?  Is  it  be- 
cause the  President  has  not  had  time  ?  The  question  is  an  insult 
to  our  common  sense.  For  ought  the  President  can  know  these 
commissions  would  not  stand  an  hour  if  they  w-erc  submitted  to  the 
calm  judgment,  and  impartial  decision  of  this  body  ;  and  I  was 
struck  with  surprise— a  surprise  that  would  have  been  still  greater 
a  fe^tt-  years  back— to  boar  it  declared  on  this  floor  that  we  have 
no  right  to  make  an  inquirv  of  the  President  concerning  such  ap- 
pointments. The  Senator  from  Ohio,  when  he  moved  a  reconsidera- 
tion of  the  resolution,  cited  an  authority  to  show  that  the  President 
had  the  right  to  fill  vacancies,  and  argued  from  this  that  he  had  the 
right  to  keep  these  appointees  in  office  without  communicating  their 
appointments  to  the  Senate;  that  he  might  withhold  such  communi- 
cation if  he  pleased,  until  the  end  of  the  session.  Wo  are,  then, 
accordinj;  to  the  honorable  Senator,  to  liavo  these  nomination.s 
thrown  in  upon  u.s,  if  the  President  chooses  to  tlo  so,  at  the  last 
hour  of  the  session,  when  there  is  no  time  remaining  for  us  to  de- 
cide upon  them  ;  and  if  we  interrogate  the  President,  it  is  an  irre- 
gular and  unconstitutional  proccedinir.  How  much  more  irregular 
■would  it  bo  for  the  President  to  withhold  the  nominations  until  the 
last  day,  when  the  Senate  would  be  entirely  without  the  means  of 
determining  intelligently  regarding  such  nominations.  I  trust  that 
the  Senate  will  pass  the  resolution,  and  I  ask  for  the  yeas  and 
nays. 

Mr.  ALLEN.— So  far  as  regards  the  merits  of  General  Scott, 
and  the  merits  of  the  court  of  inquirv  now  sitting  ujion  his  acts, 
and  so  far  as  regards  the  Executive  in  connectiun  with  either  one 
or  the  other,  I  turn  the  whole  matter  over  from  ihe  Senate  to  the 
hands  of  General  Scott  himself  and  Secretary  Marcy.  I  will  not 
be  a  parly  to  any  proceeding  that  is  intended  or  calculated  to  ar- 


raign the  court  of  inquiry  now  sitting  in  Mexico,  and  to  prejudice 
the  results  that  may  follow  from  that  court  of  inquiry  by  a  con- 
demnation of  the  court  itself.  When  the  proceedings  of  that  tri- 
bunal shall  have  been  completed,  when  the  facts  on  which  they 
have  proceeded,  and  their  adjudication  upon  those  facts,  shall  have 
been  made  known  to  the  public,  it  will  be  quite  time  enough  to 
bring  it  forward  as  a  subject  for  public  discussion.  But  there  are 
some  observations  of  the  Senator  from  Maryland  which  I  cannot 
permit  to  remain  unnoticed.  His  argument  seems  to  be  predicated 
on  the  idea  that  the  President  of  the  United  States  is  a  mere  indi- 
vidual, and  not  a  department  of  this  government ;  that  the  Presi- 
dent of  the  United  States  is  a  sort  of  appendage  to  the  Senate — a 
sort  of  Sergeant-at-Arms — having  no  powers  given  to  him  by  the 
constitution.  The  idea,  sir,  is  revolutionary  of  our  institutions. 
The  Executive  is  a  department  of  the  government  ;  that  depart- 
ment has  powers  which  it  is  sworn  to  maintain  and  depend  against 
the  encroachments  of  the  other  departments  of  the  government, 
and  which  that  department  cannot  allow  to  go  to  decay  or  into 
disuse,  anymore  than  we  can  the  powers  entrusted  to  us,  without 
a  manifest  dereliction  of  duty.  A  law  cannot  be  made  by  the  le- 
gislation of  Congress  alone  ;  it  must  receive  the  sanction  of  the 
E.xceutive.  The  Senator  from  Maryland  supposes  the  easeot  the 
President  withholding  the  nominations  until  the  last  day  of  the 
session,  and  puts  the  question  to  us,  how  is  it  possible  for  us  then 
to  act  upon  them.  The  Senator  must  remember  that  if  the  Pres- 
ident were  to  abuse  the  powers  given  to  him  in  the  constitution, 
he  would  be  censurable  ;  but,  that  abuse  of  power  on  his  part 
would  not  transfer  the  power  to  the  Senate  ;  his  responsibility  to 
the  people  is  a  sufficient  guaranty  against  the  abuse  of  his  power. 
He  is  bound  to  communicate  to  us  his  nominations  within  a  rea- 
sonable lime,  and  to  reccmmend  all  such  measures  as  he  believes 
to  be  of  paramount  importance  to  the  public  interests.  What  has 
been  the  constant  practice  of  the  Senate  ?  Has  it  not  been  to 
keep  back  measures  until  almost  the  last  moment  of  the  session? 
Suppose  the  President,  at  about  the  middle  of  the  session,  should 
send  in  a  message  enquiring  of  the  Senate,  why  they  did  not  pass 
such  and  such  a  bill  ?  Would  we  not  consider  it  an  interference 
•with  our  privileges  ?  Yet  we  propose  to  do  this  very  thing,  under 
the  supposition  that  the  President  is  bound  to  accoinmodate  him- 
self to  our  wishes,  as  a  sort  of  appendage,  or  officer  of  the  Senate. 
■  The  amendment  proposed  to  be  made  by  the  honorable  Senator, 
in  his  resolution,  does  not  at  all  reconcile  it  to  my  judgment.  If 
you  have  a  right  to  demand  a  fact,  you  have  a  right  to  demand 
rea.sons.     The  whole  thing  is  entirely  irregular. 

On  motion  by  Mr.  HANNEGAN,  the  resolution  was  passed  by 
informally,  for  the  purpose  of  proceeding  to  the  consideration  of 
the  special  order. 

THE  YUCATAN  BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  bill  to 
enable  the  President  of  the  United  States  to  take  temporary  mili- 
tary occupation  of  Yucatan. 

Mr.  NILES, — Mr.  President:  Sir — Before  entering  upon  the 
consideration  of  the  merits  of  this  bill,  I  have  to  notice  the  extra- 
ordinary urgency  with  which  we  are  pressed  for  the  immediate 
action  upon  it;  and  the  reluctance  which  has  been  manifested  to 
allow  time  for  a  full  and  fair  discussion  of  the  subject.  No  one  I 
hope,  desires  any  thing  more  than  this;  and  certainly  I  wish  as 
speedy  a  decision  as  is  consistent  with  that  discussion,  ■n-hich  the 
great  importance  of  the  subject  demands  at  our  hands. 

But  I  am  the  more  surprised  at  this  unusual  urgency,  on  look- 
ing at  the  correspondence  between  Mr.  Sierra  and  the  Secretary 
of  State,  and  learning  the  length  of  time  which  tins  subject  has 
been  pending  before  the  Executive  branch  of  the  government.  There 
it  has  slept  for  months;  but  the  moment  it  is  sent  here,  we  are  re- 
minded of  the  urgency  of  the  case,  and  called  on  to  act  immedi- 
ately without  taking  time  to  debate,  or  consider  a  question  involv- 
ing such  important  principles  and  consequences. 

Mr.  Sierra  has  been  here  about  six  months;  his  first  mte  was 
addressed  to  the  Secretary  of  State,  on  the  17th  of  November.  On 
the  24th  he  wrote  the  second  note,  and  received  an  answer  from 
the  Secretary  on  the  14th  of  December.  These  notes  related  to 
our  occupation  of  Laijuna  and  the  collection  of  duties.  On  the 
loth  of  February  ho  addressed  another  letter,  and  another  on  the 
24th;  these  letters  did  not  .solicit  assistance  from  the  United  States, 
but  they  explained  the  difficult  and  critical  siuation  in  ■which  Yu- 
catan was  placed,  and  claimed  certain  rights  on  the  ground  that 
Yucatan  was  neutral  in  the  war.  These  letters  w-ere  followed  by 
others  on  the  7th  of  March,  the  3rd  of  April,  and  18th  of  April, 
without  any  answer  having  been  returned.  The  last  was  re- 
ceived in  the  absence  of  the  Secretary,  and  the  chief  clerk,  Mr. 
Applcton,  addressed  a  note  to  Mr.  Sierra,  acknowledging  the  re- 
ceipt of  all  these  letters,  and  informing  him  that  when  the  Secre- 
tary returned,  he  would  cull  his  attention  to  them.  In  his  note  of  the 
:id  of  April,  Mr.  Sierra  says  that  ho  has  made  his  note  short, 
hoping  "  that  from  the  brevity  of  it,  the  honorable  Secretary  would 
find  time  to  read  it."  A  pretty  plain  hint,  certainly,  that  he  con- 
sidered that  his  previous  letters  had  not  been  read. 

The  letter  of  the  18th  of  April  appears  to  have  covered  a  remark- 
able document  from  the  governor  of  A'ucatan,  which,  after  depict 
itig  in  dark  colors  the  sutlerings  of  the  people  anil  the  critical  con- 
dition of  Yucatan,  proposes  to  surrender  up  the  dominion  and 
sovereignty  of  the  country  to  the  nation  w  hich  will  save  it. — 

"  1  hnvp,  iheffforr,"  lie  says.  "clettTniined  to  upnpal  to  tlic  extreme  measure  sucgesl- 
ed  by  oui  great  iiccesiiiy— iliat  of  lolicitiDg  tire  direct  intervention  of  poKerfuldiia- 


May  9.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


tions,  oflerinsthe  (loininion  and  sovereignty  of  the  country  to  t lie  nation  wliirli  will 
assume  tlie  charge  ot"  saving  it." 

Whether  it  was  the  comimmioation  of  this  document  which  pro- 
duced a  more  fa%'orable  consideration  of  the  pressing  solicitations 
of  Mr.  Sierra  for  assistance,  I  will  not  undertake  to  say.  But 
down  to  this  period,  the  pressinc  and  urgent  appeals  of  Mr.  Sier- 
ra appear  to  have  received  no  attention.  The  distres.sed  and  suf- 
fering condition  of  Yucatan,  appears  to  have  been  before  the  Ex- 
ecutive department  of  the  government  for  months,  without  any 
action  having  been  taken  in  relation  to  it,  or  30  much  considera- 
tion given  to  the  subject,  as  to  answer  the  letters  soliciting  our 
assistance.  But  the  very  day  the  subject  is  laid  before  the  Senate, 
we  are  told  that  the  case  is  one  of  such  extreme  urgency  that  we 
must  not  take  time  to  consider  it,  but  must  act  at  once.  It  be- 
comes a  ca.se  of  life  or  death,  and  will  not  admit  of  any  delay  ;  the 
people  of  Yucatan  may  all  be  destroyed  whilst  we  are  debatin" 
the  question  of  our  interposing  for  their  relief.  Sir,  if  the  Execu- 
tive branch  could  take  months  for  consideration,  we  may,  I  think, 
take  a  few  days  to  consider  a  subject  involving  such  vital  princi- 
ples, and  which  may  be  attended  with  such  serious  consequences. 
This,  I  believe,  is  due  to  the  country,  and  due  to  ourselves. 

Mr.  President,  to  judge  of  the  propriety  of  passing  this  bill,  and 
to  appreciate  the  force  of  the  objections  which  stand  in  the  way 
of  its  passage,  we  must  first  consider  what  the  bill  is — what  it 
proposes  to  do.  The  first  section  authorizes  and  directs  the  Pre- 
sident to  take  temporary  military  occupation  of  Yucatan,  and  to 
employ  the  army  and  navy  of  the  United  States  to  assist  the  white 
population  of  the  country  in  the  war  in  which  they  are  now  en- 
gaged with  the  Indians.  This  is  certainly  a  very  important  and 
a  very  extraordinary  measure.  It  is  not  exactly  a  declaration  of 
war,  yet  it  involves  a  war  and  all  its  responsibilities — a  war  which 
may  be  protracted  and  troublesome.  But  it  is  something  more 
than  a  declaration  of  war;  as  the  bill  on  its  face  looks  to  acquisi- 
tion and  conquest.  War  may  lead  to  conquest,  but  this  bill,  on 
its  face,  directs  the  President  to  take  possession  of  a  foreign  coun- 
try and  establish  a  military  government  over  it.  A  military  oc- 
cnpation  will  of  course  supersede  the  existing  government,  as  has 
been  the  case  in  other  parts  of  Mexico  where  we  have  had  a  mili- 
tary  oocup-ition.  This,  then,  is  a  bill  to  take  possession  of  Yuca- 
tan, and  establish  our  authority  over  it.  I  know  it  is  said  that  the 
occupation  is  to  be  temporary;  but  when  will  a  temporary  occu- 
pation cease?  Not,  certainly,  until  the  causes  which  induced  the 
occupation  have  ceased  to  exist,  and  as  they  will  not  be  likely  soon 
to  disappear  the  occupation  will  become  jicrmanent. 

And  on  what  grounds  is  it  claimed  that  so  extraordinary  a  mea- 
sure as  this  can  be  justified  ?  Two  have  been  assigned:  first,  on 
the  ground  of  policy;  and  second,  on  the  ground  of  humanity,  our 
interference  having  been  solicited  by  the  government  of  Yucatan. 
These  two  grounds  do  not  stand  well  together.  If  we  interfere 
and  take  possession  of  the  country  from  considerations  of  policy, 
the  world  will  give  us  very  little  credit  for  our  humanity.  They 
are  inconsistent  with  eacli  other;  one  looks  to  our  own  interest, 
the  other  to  the  interest  of  the  people  of  Yucatan.  That  we  might 
interfere  and  assist  the  people  of  that  country  in  a  way  to  rest  on 
grounds  of  humanity  will  not  be  denied.  But  the  manner  provided 
in  this  bill,  really  excludes  all  idea  of  humnnity,  and  makes  the 
measure  strictly  one  cf  policy.  And  the  honorable  chairman  [Mr. 
Hanneoan,]  who  reported  the  bill  had  the  candor  to  admit  that 
this  was  mainly  a  measure  of  policy.  His  remarks  were  almost 
entirely  confined  to  that  view  of  the  question.  To  justify  the 
measure  on  either  ground,  it  becomes  important  to  see  what  is  the 
political  condition  of  Yucatan.  Like  every  other  people,  Yuca- 
tan must  bo  regarded  in  one  of  three  political  aspects:  either  as 
an  independent  State,  possessing  and  exercising  the  right  of  sove- 
reignty, as  a  dependency  of  Mexico,  or  in  a  state  of  revolution, 
having  thrown  ott"  the  yoke  of  Mexico,  yet  not  having  established 
its  independence  so  as  to  be  recognized  as  one  of  the  family  of 
nations. 

No  one  claims  that  Yucatan  is  an  independent  State;  she  does 
not  claim  it  herself.  The  most  that  she  claims  is  that  she  has 
thrown  oft'  the  authority  of  Mexico,  and  that  she  has  been  neutral 
in  the  war  between  the  United  States  and  Mexico.  Our  govern- 
ment have,  in  some  respects,  recognized  her  neutralitv,  bwt  in 
others  have  regarded  her  as  a  part  of  Mexico.  We  have  taken 
and  still  hold  Laguna,  one  of  her  ports  where  we  have  collected 
duties  as  in  other  ports  of  Mexico  in  our  possession.  But  in  what 
light  does  Mexico  regard  Y'ueatan  ?  She  certainlj'  regards  her  as 
one  of  the  States  of  that  republic.  How  then  can  we  take  pos- 
session  of  that  country  without  giving  offence  to  Mexico  ?  If  we 
establish  our  authority  there  it  will  exclude  the  authority  of  Mex- 
ico; we  must  hold  the  country  against  Mexico.  If  we  were  not 
now  in  a  w-ar  with  Mexico,  this  would  be  regarded  by  her  as  an 
invasion  of  her  territory,  and  would  certainly  involve  us  in  a  war 
with  Mexico.  That  our  occupation  was  in  pursuance  of  a  request 
of  Y'ueatan  would  be  no  justification  to  Mexico,  as  long  as  she  re- 
gards Yucatan  as  a  part  of  her  territory.  It  would  be  another 
Texas  affair,  with  this  important  difference,  that  Yucatan  has  not 
yet  asserted  her  independence,  and  has  not  been  recognized  as  an 
independent  State  by  any  nation,  not  even  by  the  United  States. 
Her  consent,  therefore,  would  ameunt  to  nothing.  It  would  be 
no  answer  to  the  complaints  of  Mexico  to  say  that  we  had  taken 
possession  of  this  department  of  hers  for  purposes  of  humanity,  to  as- 
sist the  people  in  defending  themselvs  against  the  Indian  population. 
But  how  will  this  measure  stand  in  view  of  our  present  relations 
with  Mexico.  We  have  ratified  a  treaty  of  peace  with  that  re- 
public, aad  sent  out  coiumissioners  to  procure  its  ratificatioa  by 


the  Mexican  government  ;  and  an  armistice  has  been  entered  into 
suspending  military  operations.  Can  we  take  military  occupation 
of  one  of  the  States  of  that  republic  without  violating  the  armis- 
tice ?  Can  we  make  war  on  the  Indian  population  of  one  of  the 
States  consistently  with  the  armistice  ?  The  Indians  are  citizens 
and  a  part  of  the  Mexican  population.  To  show  in  what  li<'ht  the 
Indians  are  received  in  Yucatan,  permit  me  to  read  an  extract 
from  one  of  the  letters  of  Mr.  Sierra  : 

"Tlirough  the  special  favor  of  Divine  Providence,  the  oiIioo<  siiirit  of  faction 
which  for  some  umo  past  has  di-luthed  the  puhlic  mind,  has  disappeared  entirelv 
from\ucntan;  and  t  .e  citizens  massacred  by  a  common  [icril  have  sincerely  rallied 
round  their  constitutional  government.  olTering  their  cordial  and  loyal  co-nixvatioQ 
and  aid  in  sustaiuin"  the  only  policy  at  present  possible  in  that  country.  Noble  and 
philanthropic,  liberal  and  broad  is  the  jioIiticU  principle  which  has  ever  been  domi- 
nant m  Yucatan.  Our  constitution  and  our  laws  have  secured  to  the  indi<'enous  race 
the  same  identical  rights  which  tliey  give  to  all  other  citizens.  Our  policylias  always 
been,  to  alleviate  the  social  condition  of  the  Indians  ;  inljiroving  it  by  civil  and  reli- 
gious instrnction,  and  s|»rcading  among  them  all  the  benetits  of  civilization  in  the 
same  way,  and  to  the  same  extent  as  our  means  and  resources  permitted  ns  to  do  in 
behalfof  our  own  race.  Many  of  them  have  thus  been  called  into  puhlic  life  who 
have  succeeded  in  throwing  off  the  brutal  stupidity  which  has  been,  and  is  their  char 
acteristic.  .\nd  so  well  has  the  object  of  this  policy  been  attained  in  one  point  of 
view,  that  we  have  finally  n.ade  our.elves  the  mark  of  the  hatred  of  the  eastern  Indi- 
ans, who  have  declared  .against  us  a  war  of  extermination,  per|ietrating  upon  the 
defenceless  inhabitants  of  that  region,  acts  of  assassinatiou.  robbery,  incendiarism 
and  all  kinds  of  excesses  unfit  to  be  described  from  their  ho.-rible  nature  and  the 
wound  tliey  indict  upon  the  moral  conilition  of  a  Christian  people." 

We  are  here  informed  that  the  Indians  are  citizens;  that  they 
have  the  same  civil  and  political  rights  as  the  whites;  that  they 
are  eligible  to  ofiioe;  that  it  has  been  the  policy  of  the  government 
to  elevate  them,  civilize,  and  Christianize  them.  Strictly  then 
this  can  only  be  regarded  as  a  civil  war  ;  and  can  we  make  our- 
selves a  party  to  it,  consistently  with  our  present  relations  with 
Mexico  ?  Would  it  not  give  occasion  to  those  disafibcted  towards 
the  present  Mexican  government,  and  hostile  to  the  treaty  to  ex- 
cite prejudices  against  us,  to  charge  us  with  bad  faith,  anti  perhaps 
defeat  the  negotiation  ? 

Sir,  we  know  the  extreme  jealousy  of  that  people.  We  know 
the  whole  course  of  their  conduct,  and  the  light  in  which  they 
have  hitherto  viewed  the  transactions  in  Texas.  We  know  they 
are  e.\tremely  jealous  of  us,  expeeially  when  they  see  an  apparent 
disposition  on  the  part  of  this  country  to  seize  upon  their  territory. 
And  now,  when  this  question  of  a  treaty  of  peace  is  pendin",  and 
in  its  present  critic:il  condition,  would  it  be  safe,  would  it  not  he  a 
total  abandonment  of  all  ideas  of  ordinary  prudence  and  caution 
for  us  to  adopt  a  measure  like  the  one  now  before  us  for  consider- 
ation ;  a  measure  authorizing  the  taking  possession  of  one  of  their 
States,  and  sending  troops  to  engage  in  a  war  there,  all  at  a  time 
when  the  treaty  is  ponding,  and  an  armistice  in  existence  suspend- 
ing hostilities  between  the  two  contending  parties.  We  have 
been  told  that  Yucatan  is  quasi  independent.  I  have  before  re- 
marked that  Mexico  does  not  so  regard  her  ;  and  though  Mexico 
has  made  no  effort  to  exert  her  authority  over  this  State  for  some 
time  past,  yet  when  in  a  situation  that  will  enable  her  so  to  act 
will  she  not  do  it  ?  Wc  well  know  the  tenacity  of  that  people, 
lhe  Spanish  race  now  in  that  country  ;  they  give  up  no  territory 
unless  driven  into  the  last  extremity.  Can  this  be  regarded  in  any 
other  light  than  as  a  new  aggression,  that  would  give  abundant 
reason  for  a  continuance  of  tlie  war  to  the  disalieoied  to  the  Mexi- 
can government,  who  are  opposed  to  terminating  the  difficulties 
between  the  two  countries. 

Mr.  President,  in  whatever  light  we  regard  the  people  of  Yu- 
catan, whether  as  an  independent  people,  or  as  a  dependancy  upon 
Mexico,  or  as  in  a  state  of  revolution,  you  cannot  pass  this  bill 
consistently  with  what  I  believe  we  admit  to  be  the  settled  prin- 
ci|)les  of  policy  which  have  ever  governed  the  conduct  of  this  go- 
vernment in  its  intercourse  with  foreign  powers.  Jn  accordance 
with  these  principles,  it  makes  no  difference  whether  Yucatan  i> 
regarded  in  any  one  of  these  three  lights.  We  have  no  more  ri<»ht 
to  interfere  in  the  domestic  concerns  of  a  state  or  province  under 
the  jurisdiction  of  some  other  country — no  more  right  to  interfere 
in  domestic  affairs,  local  in  their  character,  than  we  have  to  in- 
terfere in  the  domestic  aflairs  of  a  great  independent  state.  Upon 
what  principle,  sir,  can  this  military  occupation  of  this  province 
be  justified  in  reference  10  the  established  principles  which  have 
governed  the  action  of  the  United  States  ?  View  it  in  whatever  as- 
pect yuu  please,  I  ask  upon  what  ground  can  it  be  justified  ? 

Sir,  there  are  two  great  principles  which  have  been  held  sacred 
by  this  country  from  its  earliest  history  ;  and  I  am  not  prepared  to 
admit  that  the  declaration  of  Mr.  Munroe,  so  often  referred  to,  if 
properly  understood,  gives  any  sanction,  or  recognizes  any  policy 
of  this  government,  which  involves  a  departure  from  these  princi- 
ples. What  are  these  principles?  First,  there  is  the  principle  of 
neutrality  with  regard  to  belligerents.  This  principle  our  govern- 
ment has  ever  m.aintained  ,  and  a  majority  of  our  most  distin- 
guished statesmen  have  endeavored  to  impress  its  importance  upon 
the  minds  of  our  people,  and  upon  every  other  nation  in  the  world, 
in  every  possible  mode  and  form.  They  have  held  it  as  one  of  the 
most  sacred  of  principles  in  regard  to  our  intercourse  with  the 
other  powers  of  the  world,  and  the  surest  guarranty  of  peace. 
Can  we  consistently  with  what  is  due  to  this  great  principle  in- 
terfere in  this  civil  war,  whether  we  regard  Yucatan  as  an  inde- 
pendent state,  or  as  a  dependent  province  ?  She  is  no  part  of  the 
United  States  ;  she  is  a  country  foreign  to  us.  There  is  a  war 
there,  sir,  and  can  we  forcibly  interfere  m  it,  without  invalidating 
the  great  principle  of  neutrality  towards  belligerents  ?  I  see  no 
answer  to  this  query  ;  and  I  believe  there  can  be  no  answer. 

The  second  principle  we  have  hitherto  held  equally  sacred,  the 
principle  of  non-iaterYention.    It  is  the  priuciple  which  this  go- 


596 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Tuesday, 


vernment,  above  all  others,  ought  to  hold  sacred,  because  it  strikes 
at  the  very  foundations  of  free  governmeut.  It  is  the  principle 
which  belongs  to  a  free  people;  which  is,  that  they  should  take  care 
of  their  own  affairs.  Is  it  consistent  with  this  principle,  to  take 
possession  of  a  foreign  state,  and  take  part  in  a  civil  war  in  which 
U  is  engaged  ?  Why,  sir,  a  proposition  of  this  kind  needs  but  to 
be  fully  understood,  in  order  to  show  its  filhicy.  It  does  not  ad- 
mit of  argument,  because  stating  it,  carries  veith  it  the  argument. 
Are  we  to  undertake  to  control  by  force  the  destinies  of  this  peo- 
ple, and  because  they  are  in  a  terrible  state  of  tumult,  and  civil 
anarchy,  are  we  to  settle  their  diHic iilties  by  taking  possession  of 
the  country,  putting  down  one  party  and  settins  up  another  ? 
What  sort  of  government  will  you  gi\e  them  ?  Will  you  attempt 
to  force  your  own  principles  of  government  upon  them,  or  will 
you  consult  their  wishes,  and  attempt  to  set  up  such  a  govern- 
ment as  they  may  ask  at  your  hands?  Sir,  this  matter  is  beset 
with  diffieulties  at  every  step. 

I  wish  to  say  something,  Mr.  President,  in  regard  to  this  doc- 
trine which  has  been  said  to  have  been  held  by  President  Monroe; 
and  which  is  very  gravely  spoken  of  as  the  settled  and  established 
policy  of  this  country.  We  must  look  to  the  circumstances  of  the 
nations  in  this  hemisphere  and  in  Europe  at  the  time  the  declara- 
tions of  Mr.  Monroe  were' made,  and  to  which  they  were  applied, 
to  form  a  correct  opinion  of  them.  These  were  not  abstract  dec- 
larations of  principles  to  govern  the  action  of  this  government, 
but  declarations  applied  to  the  then  existing  stale  of  the  countries 
in  Europe  and  America.  I  have  examined  the  two  messages  of 
1823  and  1824  which  contain  his  doctrines.  Some  years  previous 
to  that,  the  Spanish  colonies  in  this  hemisphere  had  asserted  and 
declared  iheiriindependence.  But  Spain  refused  to  acknowledge 
them,  but  still  asserted  her  dominion  over  them.  Mr.  Monroe  did 
not  deny  the  right  of  Spain  to  re-establish  her  dominion  over  them  ; 
much  less  did  he  assert  the  right  of  the  United  States  to  interfere 
between  Spain  and  her  colonies,  or  to  sst  itself  up  as  the  arbitra- 
tor and  guardian  of  all  the  nations  in  this  hemisphere.  AVhat  he  de- 
clared was,  that  the  political  system  of  Europe  must  not  be  extend- 
ed to  America  to  control  the  destinies  of  these  Spanish  American 
countries.  He  did  not  mean  the  monarchical  system  of  Europe 
as  some  seem  to  suppose,  but  that  eoraliin.ition  among  the  ereat 
powers,  sometimes  called  the  Holy  Alliance,  which  divided  and 
disposed  of  the  small  States  of  Europe  according  to  their  pleasure. 
This  is  the  system  to  which  he  alludes  when  he  says,  "we  should 
consider  any  attempt  on  their  part  to  extend  their  system  to  any 
portion  of  this  hemisphere,  as  dangerous  to  our  peace  and  safety." 
It  was  that  arbitrary  system  of  the  balance  of  power,  maintained 
by  the  allied  powers  of  Europe,  and  which  virtually  annihilated  all 
the  small  States,  which  Mr.  Monroe  declared  could  not  be  extend- 
ed to  this  hemisphere.  This  was  to  prevent  the  allied  powers 
from  assisting  Spain  ip  the  re. subjugation  of  her  revolted  colonies, 
which  he  said,  had  assumed  and  were  capable  of  maintaining  their 
independence.  When  the  time  had  arrived  for  acknowledging  the 
independence  of  those  countries,  Mr.  Monroe  acted  cautiously  and 
prudently.  A  resolution  was  introduced  in  the  olher  chamber 
urging  and  stimulating  the  Executive  on  to  action.  He  acted  in 
a  manner  which  it  would  be  well,  perhaps,  to  imitate  in  this  case. 
He  sent  out  commissioners  to  ascertain  the  condition  of  these  coun- 
tries, and  whether  they  had  cfTectually  secured  and  were  able  to 
maintain  their  independence  as  States.  Being  satisfied  of  this  fact, 
he  acknowledged  their  independence.  In  the  meantime,  a  pecu- 
liar state  of  things  had  transpired  in  Europe.  The  several  pow- 
ers on  that  great  continent  had  combined  against  one  great  pow- 
er, one  great  man.  The  result  of  that  combination,  called  the 
Holy  Alliance,  was  the  overthrow  of  this  one  great  power.  This 
Holy  Alliance,  or  combination  among  the  great  powers  of  Europe, 
was  intended  to  control  the  power  and  direct  the  destinies  of  all 
the  governments  of  Europe.  Spain  was  a  member  of  this  Alli- 
ance, and  at  this  time  was  attempting  to  reclaim  her  possessions 
in  this  country.  She  refused  to  acknowledge  the  independence  of 
these  States  years  and  years  after  we  had  acknowledged  it.  Mr. 
Monroe  then  looking  at  the  state  of  affairs  in  this  country,  and 
then  at  the  situation  of  things  in  Europe,  considered  that  it  be- 
longed to  the  United  States,  as  the  great  power  on  this  continent, 
so  far  to  interfere  in  behalf  of  the  Spanish  American  States,  as  to 
declare  to  the  civilized  world,  that  we  woidd  not  permit  this  Euro- 
pean alliance  to  extend  its  system  to  any  portion  of  the  American 
continents.  It  was  this  combined  system,  this  assumption  of  power 
oil  the  part  of  the  great  powers  of  Europe,  to  dispose  of  the  nations 
of  the  earth,  according  to  their  sovereign  will,  that  Mr.  Monroe  said 
should  no'  fie  extended  to  this  hemisphere,  taking  in  the  southern 
as  well  as  the  northern  continent.  Gentlemen  may  well  say  with 
propriety,  that  this  sentiment  was  heartily  responded  to  by  his 
countrymen  ;  though  there  has  been  no  occasion  to  put  it  into  prac- 
tice. Alter  a  while  the  combination  was  broken  up  ;  and  soon 
after,  Spain  acknowledged  the  independence  of  these  States  on  this 
continent.  This  is  one  of  the  positions  of  Mr.  Monroe  ;  and  has 
no  connection  whatever  with  the  right  of  intervention,  as  now  as- 
serted, in  the  concerns  of  foreign  powers  ;  no  connection  with  the 
idea  which  seems  to  be  assumed,  that  Mr.  Monroe  claimed  for  the 
United  States,  as  the  principal  and  only  great  nation  in  this  hem- 
isphere, the  right  to  dictate  to,  or  control  the  destinies  of  all  others, 
or  assumed  the  obligation  to  protect  tliem.  His  was  not  the  doc- 
trine of  interference,  but  of  resistance  to  the  interference  of  others. 
He  was  a  man  of  too  much  good  sense  to  have  contended  for  the 
right  of  intervention  iu  the  manner  which  is  assorted.  He  had  no 
such  idea. 
What  fiuther  does  Mr.  Monroe  say  ?    In  connectioa  witU  this 


view,  he  says,  in  direct  reference  to  the  condition  of  the  Spanish 
American  states  in  this  hemisphere,  that 

"  The  American  contiuenU,  by  the  free  and  independent  condition  ussumed  and 
maintained,  are  hencelbrth  not  to  be  considered  as  subjects  ot*  future  colonization  for 
any  European  power." 

What  did  he  mean  by  this  1  I  think  nothing  more  than  what  is 
contained  in  his  first  position,  as  it  has  direct  reference  to  the  abil- 
ity of  the  countries  on  these  continents  to  maintain  their  indepen- 
dence. He  meant  no  more  than  that  those  countries  ought  not  to 
be  forcibly  reduced  to  colonies  by  any  European  power.  Did  he 
mean  that  no  European  power  could  establish  colonies  in  any  un- 
occupied territory  they  might  have  in  this  country?  Certainly  he 
could  not  mean  taat ;  because  he  admits  taat  the  existing  rights  of 
European  powers  could  n^it  be  disturbed.  It  was,  then,  only  an  ela- 
boration of  the  first  doctrine,  that  the  countries  here  are  capable  of 
maintaining  their  own  independence,  and  could  not  be  disturbed  or 
subjugated  by  any  European  power.  What  is  there  in  all  this 
that  supports  the  idea  that  it  was  the  purpose  of  Mr.  Monroe  to 
watch  over  all  the  countries  of  this  hemisphere,  and  to  repel  inter- 
ference  in  any  one  of  them  without  regard  to  the  idea  whether  it 
was  an  encroachment  upon  our  rights,  or  such  an  invasion  of  the 
rights  of  other  independent  nations,  as  might  endanger  our  own 
safety  ;  but  merely  as  being  the  great  power  on  this  continent,  we 
had  the  right  and  were  under  obiiuation  to  regulate  the  aflairs  of 
all  other  countries,  at  least  so  far  as  regards  European  interfer- 
ence ?  Has  Mr.  Monroe  ever  laid  down  any  such  principles  of 
power  on  our  part  ? 

Now,  I  might  contend  that,  even  if  Mr.  Monroe's  ideas  were  so 
extensive  and  comprehensive  as  seems  to  be  claimed,  they  were  in 
direct  conflict  with  the  settled  policy  of  national  intervention  with 
respect  to  the  rights  of  all  nations  which  hac  ever  been  recognized 
by  this  government  since  the  days  of  Washington.  I  might  con- 
tend that  the  assumption  that  this  direction  of  affairs  on  our  part 
has  been  recognized  by.  and  become  the  established  policy  of  the 
country,  has  not  the  least  support  in  the  world.  Why.  if  we  un- 
derstand Mr.  Monroe  as  going  that  length,  and  to  say  there  shall 
be  no  further  colonization  by  any  European  power,  no  enlargement 
of  their  possessions  in  this  country,  I  beg  to  ask  for  the  proof  that 
such  doctrine  has  received  the  sanction  of  the  other  departments 
of  the  government,  or  the  people  of  the  country.  How  can  it  be 
claimed  that  this  policy  has  been  acted  upon  in  any  instance  ? — 
This  doctrine,  asserted  in  1823-'24,  when  this  message  was  put 
forth,  will  not  harmonize  very  well  with  the  -recent  arrangement 
made  with  Great  Britain  in  respect  to  Oregon.  I  know  that  trea- 
ty was  very  unacceptable  to  my  honorable  friend,  the  chairman  of 
the  Committee  on  Foreign  Relations.  In  this  ease  of  dispute  con- 
cerning Oregon,  we  claimed  the  whole,  our  title  was  clear  and  un- 
questionable— yet,  in  the  face  of  this  doctrine,  that  no  European 
power  might  extend  their  possessions  on  this  continent,  we  not 
only  gave  the  country  up,  but  allowed  the  principle  to  be  applied 
to  a  territory  which  we  zealously  asserted  belonged  to  us. 

Mr.  HANNEGAN. — Will  my  honorable  friend  allow  me  to  put 
one  question?  I  dislike  to  interrupt,  but  would  ask,  if  our  title  was 
clear  and  unquestionable,  why  did  my  friend  from  Connecticut 
vote  for  the  treaty  which  surrendered  that  territory  to  Great 
Britain? 

Mr.  NILES. — I  alluded  to  the  opinions  of  my  honorable  friend 
from  Indiana,  and  others,  that  our  title  was  clear  and  unquestiona- 
ble. I  certainly  never  so  considered  it;, if  I  had,  I  should  not  have 
voted  for  the  treaty. 

There  was  another  instance,  that  of  the  northeastern  boundary, 
where  there  was  not  only  a  yielding  to  an  extension  of  European 
dominion  here,  but  in  a  case  where  we  at  least  claimed,  and  in  ray 
judgment,  possessed  a  good  title.  In  the  settlement  of  that  im- 
portant treaty,  we  gave  away,  or  relinquished,  about  one-third  of 
the  State  of  Maine,  to  which  I  think  our  title  was  clear  and  un- 
questionable. I  hope,  however,  we  shall  be  able  to  sustain  the 
principle  so  far  as  respects  our  own  territory,  and  in  perhaps  de- 
fending territory  immediately  contiguous  lo  us.  where  it  is  in  imi- 
iicnt  danger  of  falling  into  the  bauds  of  a  foreign  power,  and  thus 
hazarding  our  own  security.  That,  I  believe,  is  the  length  and 
breadth  this  principle  ought  to  be,  or  can  be  carried.  There  are 
some  other  departures  from  this  principle,  that  I  might  enumerate. 
Our  honorable  friend  will  remember  that  there  was  a  very  fair  oc- 
casion to  bring  up  this  doctrine— this  convenient  doctrine  of  Mr, 
Monroe  in  regard  to  what  was  called  the  Panama  mission.  My 
honorable  friend  from  Mississippi  has  quoted  very  liberally  fnm 
the  speech  of  the  Senator  from  Massachusetts  on  that  very  oc- 
casion. 

Mr.  FOOTE. — The  honorable  Senator  from  Connecticut  misun- 
derstood me  on  this  point.  I  expressly  said,  as  he  will  discover 
from  my  printed  remarks,  that  the  extract  referred  lo  from  the 
speech  of  the  Senator  from  Massachusetts,  was  introduced  for  the 
edification  of  the  whig  members  of  this  body. 

Mr.  NILES. — Very  well;  good  enough  authority  any  way. 
It  may  be  used  on  either  side.  But  I  should  have  been  pleased, 
had  he  quoted  from  another  gentleman  more  distinguished  in  his 
position — I  refer  to  the  President  of  the  United  States.  He  did 
not,  I  think,  sanction  this  doctrine.  He,  with  others,  adhered  to 
the  old  doctrine.  The  democracy  on  that  occasion,  and  but  short- 
ly after  Mr.  Monroe's  lime,  stood  upon  the  old  doctrine  of  non- 
intervention. That  was  then,  as  it  ever  had  been,  the  democratio 
doctrine,  yet  the  policy  of  all  parlies.    The  proposed  oonveutioa 


May  9. J 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


597 


or  congress  at  Panama,  involved  the  same  principle  as  the  case 
under  consideralion.  It  was  to  refftilate,  by  some  system,  the 
concerns  of  I  lie  different  nations  in  this  hemisphere,  and  to  secure 
all  asainst  European  aggression  and  colonization.  This  measure, 
very  unwise,  as  subsequent  events  proved,  was  recommended  and 
sustained  by  President  Adams,  with  all  his  learning  and  ability; 
but  as  it  involved  a  dangerous  principle  of  foreign  intervention,  it 
was,  after  a  warm  and  able  debate,  put  down  by  both  houses  of 
Congress,  and  there  the  thing  ended.  Let  us  look  further  and  tee 
how  the  doctrine  stands  of  resisting  colonization  in  (his  whole 
hemisphere.  What  has  tliis  nation  done  in  opposing  British  en- 
croachments and  aggressions,  perhaps  called  so  properly  ?  Look 
at  her  acquisiiiims  upon  this  continent,  and  below  us,  too  !  Great 
Britain,  throuah  some  treaty  in  '83,  acquired  the  right  of  cutting 
logwood  at  Balize — tho  right  of  establishing  a  I'aotory  there  for 
trade,  but  no  right  of  territorial  jurisdiction;  yet,  through  the  ex. 
ercise  of  that  right,  she  has  extended  her  possessions  until  slie  has 
acquired  a  large  province — a  province  embracing  tlio  most  fruitful 
and  valuable  part  of  Yucatan,  and  I  will  venture  to  say.  that  the 
trade  of  Balize  is  ten  to  one  of  the  trade  of  Yucatan,  even  before 
these  disturbances  occurred.  This  is  not  all  by  any  means.  What 
has  she  acquired  still  further  south  ?  They  have  possessed 
themselves  of  a  province  called  the  Musquito  Coast,  through  the 
force  of  a  deed  or  will,  from  some  Indian  chief,  and  thus  extended 
her  dominion  there.  This  is  not  all  Travel  over  the  earth, 
and  then  you  may  attempt  to  describe  the  aggressive  inroads  of 
that  power.  I  saw  this  very  day  an  account  of  their  aggressions 
in  Venezuelaian  Guyana.  They  had  some  possessions  in  Guyana 
which  they  have  extended,  until  they  have  absorbed  the  whole  of 
what  was  Spanish  Guyana.  The  writer  of  the  statement  I  saw, 
and  who  seems  to  be  well  informed  on  this  subject,  says  that  in 
1841  they  encroached  upon  Spanish  Guyana  to  the  amount  of  twen- 
ty thousand  square  miles.  Since  then  they  have  swelled  the  amount 
of  their  possession,  until  now  they  occupy  a  portion  of  country 
one  hundred  and  eighty  thousand  square  miles  in  extent.  These 
things  are  successfully  going  on,  while  we  are  engaged  in  carrving 
out  the  great  doctrine  of  Mr.  Monroe  by  a  quiet" acquiescencer, 
and  I  believe  the  Executive  branch  of  this  government  has  not  yet 
sent  the  first  diplomatic  note  to  this  power,  saying  that  these 
things  would  not  do.  It  is  too  late  in  the  day,  sir,  to  take  ground 
quite  so  high  as  this  put  forth  by  my  honorable  friend  from  In- 
diana. It  IS  too  late  in  the  day;  and  it  is  a  ground  which  ought 
never  to  have  been  taken,  because  it  was  one  that  we  never  could 
have  maintained.  It  would  have  led  to  a  perpetual  war  with  the 
world,  or  at  least  with  England,  the  mightiest  power  in  it.  She 
is  the  only  power  we  have  any  fears  of  collision  with.  There  has 
been  a  serious  disturbance  upon  the  La  Plata.  England  and 
France  have  both  been  acting  the  part  of  mediators  or  invaders 
there  Were  their  objects  and  purposes  inquired  into  by  us?  Did 
we  seek  to  repel  their  interference  ?  The  difficulty  was  carried 
on  in  a  portion  of  this  hemisphere.  We  might  have" had  reason  to 
apprehend  that  the  result  of  their  combined  mtervention  would 
have  been  the  establishment  of  the  power  of  one  or  both  of  these 
nations  permanently  and  expensively.  At  least  it  might  have  been 
supposed  that  they  would  gain  in  substance  the  control  of  that 
portion  of  the  country.  Have  we  interfered  in  this  matter  ?  Not 
at  all — not  at  :M.  AH  these  thiijgs  have  taken  place  since  the 
declaration  of  Mr.  Monroe  in  1823-'24.  In  a  mere  suppositious 
case  we  are  told  that  our  interest  requires,  not  to  interfere  diplo- 
matically, not  to  protest  against  a  foreign  power  taking  possession 
of  Yucatan,  but  upon  the  mere  assumption  that  she  may  be  thus 
taken  possession,  we  are  called  upon  to  seize  the  countrv  and 
occupy  it  ourselves.     Sir,  that  is  one  part  of  the  doctrine. 

Mr.  President,  I  thought  it  proper  to  examine  these  doctrines 
to  which  such  importance  is  attached  of  late,  and  which  are  as- 
sumed to  be  tho  established  poiicy  of  the  country,  although  they 
never  seem  to  have  been  recognized  by  any  action  of  the  govern- 
ment. But  if  wc  were  to  admit  this  to  be  a  settled  policy,  it  is 
sufficient  to  say  that  there  is  in  this  case  no  facts  to  justify  our  in- 
terference. There  is  not  the  first  fact  before  the  Senate.  There 
are  no  facts  to  prove  any  design  on  the  part  of  the  British  or  of 
Spain  to  take  forcible  possession  of  the  State  of  Yucatan.  Not 
one.  Now,  sir,  as  far  as  any  right  of  interference  by  one  inde- 
pendent posver  with  another  is  concerned,  all  writers  on  the  laws 
of  nations  agree  in  saying  that  the  case  must  be  an  extreme  one, 
the  danger  must  be  imminent,  to  justify  such  an  act,  one  which 
will  admit  of  no  other  remedy.  We  are  called  upon  to  interfere 
in  the  civil  affitirs  of  Yucatan  upon  a  mere  supposition  or  suspi- 
cion that  England  may  possibly  interfere  if  we  do  not.  It  may  bo 
possible,  as  of  many  other  things.  Can  a  mere  supposition  or 
suspicion  of  tliis  nature'  be  any  justification  for  our  interference  ? 
It  may  be  said  further,  that  England  has  already  been  called  upon 
to  interfere.  True;  but  she  has  been  treated  precisely  in  the  same 
way  that  we  have  been  treated;  the  same  appeal  and  olTer  have 
been  made  to  both  nations.  Supposing  England  was  to  interfere 
under  this  solicitation  of  the  government  at  Yucatan,  have  we  any 
right  to  complain  of  such  a  course  on  her  part  ?  Even  if  there 
were  any  interference  on  the  part  of  England,  it  would  not  be 
prima  facie  a  case  of  aggressive  interference.  Because  her  aid 
has  already  been  solicited,  as  well  as  ours.  Spain  has  interfered; 
she  has  sent  two  ships  of  war  to  the  coast  of  Yucatan.  I  recentiv 
read  an  account  that  two  ships  of  war  from  Cuba  had  arrived  on  the 
coast  of  Yucatan,  and  were  doing  what  they  could  to  aid  the  suffer- 
ers, taking  them  on  board  and  furnishing  provisions,  arms  and  am- 
mooitioa.    Can  we  complaia  if  any  other  nation,  who  happens  to 


be  European,  do  precisely  what  we  propose  to  do,  on  precisely  the 
same  basis,  that  isiherelief  of  the  suffering  people  of  this  disiracted 
State  ?  The  Senator  from  Indiana  has  the  candor  to  adinit  that 
there  might  be  a  state  of  things,  in  which,  if  we  fake  possession, 
we  shall  be  forced  to  hold  on.  That  would  not  at  all  favor  the 
measure,  however,  in  my  judgment.  There  are  difficulties  enough 
in  the  way  before  you  moot  that  point.  Is  this  measure  to  as- 
sume the  character  of  acquisition  or  annexation?  Ifso,  it  be- 
comes infinitely  more  important. 

I  have  a  few  words,  Mr.  President,  to  submit  in  regard  to  the 
expediency  and  advantage  ot  our  interfering  in  this  mitter,  and 
the  probable  consequences  which  may  lollow  to  ourselves.  Aside 
from  all  the  difficulties  I  have  partially  alluded  to,  if  it  should  ap- 
pear that  our  interference  can  be  of  no  essential  service  to  the 
people  of  that  country  ;  that  it  will  involve  great  sacrifices  on  our 
part,  sacrifices  not  only  of  money,  but  lives  ;  that  it  will  involve 
us  in  a  war  which  will  be  as  with  all  Indian  wars,  a  very  trouble- 
some one— even  aside  from  all  the  great  principles  which  impede 
our  way  at  every  step,  I  ask  whether  it  will  be  wise  and  prudent 
to  interfere  in  the  extraordinary  manner  this  bill  proposes  to  do  ? 
Now,  sir,  what  does  my  honorable  friend  suppose  we  have  to  do. 
admitting  that  all  these  difficulties  did  not  exist  i  What  are  we 
to  do  ?  We  must  in  the  first  place  take  this  war  upon  our  hands; 
and  in  order  to  do  that,  we  have  got  to  decide  a  question  to  which 
I  have  not  hitherto  alluded,  that  is,  the  nvrits  of  this  controversy, 
or  the  causes  of  the  civil  war  now  prevailing  in  that  country.  We 
have  got  to  decide  whether  this  is  a  war  precisely  of  the  charac- 
ter exhibited  to  us  by  Mr.  Sierra;  that  is,  that  it  is  not  exactly  a 
civil  war,  but  a  war  of  savages  against  a  civilized  people — a  war 
of  extermination,  carried  on  by  a  horde  of  savages  against  the 
unoffending  white  population;  a  war  of  races.  Now,  have  we  suf- 
ficient, or  the  requisite  information  to  decide  this  question  ?  We 
are  to  look  on  both  sides  of  the  question.  This  is  the  course  jus- 
tice and  humanity  points  out.  Can  we  decide  this  question  with 
our  present  meagre  information,  with  that  degree  of  confidence 
and  justice  wiih  which  it  ought  to  be  decided  ?  Can  we  with  our 
present  knowledge  of  the  matter,  take  upon  us  the  high  respon- 
sibility of  calling  upon  our  own  citizens  to  hazard  their  own  lives, 
and  assist  in  shedding  the  blood  of  others  who  have  never  injured 
us  > 

This  is  no  trivial  concern.  This  not  a  question  as  to  the  right 
of  intervention,  but  whether  we  know  enough  about  the  merits  of 
the  controversy  to  justify  our  adopting  and  carrying  out  the  extraor- 
dinary measures  proposed.  We  are  to  take  sides  on  this  question. 
We  are  to  become  a  party  to  this  war,  and  are  to  assume  thiit  it 
is  on  the  one  hand  a  war  of  extermination  carried  on  by  barbarians, 
and  on  the  other,  a  war  of  self-defence,  a  resistance  to  the  mur- 
derous incursions  of  savages.  It  may  be  so.  But  I  ask  whether 
there  is  anything  before  us  to  justify  our  assuming  such  a  position, 
attached  to  which  are  consequences  so  very  solemn,  not  only  to 
that  country,  but  to  our  own  citizens.  Why,  I  have  just  read 
from  this  report,  that  these  so  called  savages  are  citizens 
of  the  State  of  Yucatan.  Thej'  have  been  admitted  as  equals 
into  society,  The  white  citizens  of  that  countrj',  says  Mr.  Sierra, 
have  made  great  efforts  to  elevate,  educate,  instruct,  and  even  to 
Christianize  them.  They  are,  then,  according  to  this  authority, 
a  portion  of  the  people  of  that  country.  To  a  great  extent  they 
are  a  civilized  and  a  Christian  people.  They  are  Catholics,  I  be- 
lieve, and  we  are  to  be  called  upon  to  aid  in  what  ?  Why,  in  their 
utter  extermination.  This  is,  as  is  said,  truly  a  war  of  exter- 
mination. For  one,  sir,  I  would  hesitate  long  before  I  would  give 
a  vote  to  take  the  responsibility  of  exterminating  this  race,  to  say 
nothing  about  exposing  and  hazarding  the  lives  of  mv  own  coun- 
trymen. I  should  like,  for  one,  to  know  more  upon  this  subject . 
I  find  that  the  correspondence  laid  before  us  sheds  no  light  on  the 
question,  how  this  controversy  begun.  The  statement,  also,  of 
Mr.  Sierra,  aflirming  that  there  were  no  factions  existing  in  the 
state,  does  not  seem  to  be  entirely  true.  He  doubtless  supposed  it 
'so  at  the  time,  and  there  may  be  a  total  absence  of  the  exhibition 
of  factions  to-day,  and  yet  to-morrow  they  may  came  forth  in  all 
their  evils.  We  know  that  during  the  short  period  o(  our  war 
with  Mexico,  the  condition  of  Yucatan  has  assumed  three  or  four 
different  phases.  But  there  are  factions.  There  are  two  parties, 
and  dissentions  among  the  whites  as  well  as  this  controversy  with 
the  natives.  No  longer  than  the  5th  of  last  mnnth  I  find  that  the 
then  governor,  believing  it  might  tend  to  harmonize  and  unite  the 
people,  and  thus  strengthen  their  hands  in  the  struggle  in  which 
they  were  engaged,  resigned'his  office,  doubtless  in  favor  of  the 
rival  leader  of  the  other  hostile  party.  Mendez,  the  then  govern- 
or, resigned  in  favor  of  Barbachina.  This  measure  seems  to  have 
been  designed  to  unite  the  two  parties,  and  to  enable  them  more 
effectually  to  defend  themselves  against  the  assaults  of  their  sav- 
age foe,  and  to  strengthen  their  hands  against  their  common  ene- 
my, the  Indians.  But  such  was  the  bitterness  of  feeling  between 
the  two  parties,  that  it  had  a  directly  contrary  effect,  for 
of  the  eight  thousand  men  who  composed  their  army  at 
the  time,  about  one  half,  comprising  the  partisans  of  Mendez 
immediately  returned  to  their  homes,  reducing  the  array  to 
some  four  thousand  men.  Sir,  we  know  nothing  of  the  occa- 
sion of  this  difficulty.  I  believe  that  the  report  received  to-day, 
containing  the  correspondence  with  the  Navy  Department,  throws 
some  light  on  the  origin  and  causes  of  this  war  ;  but  I  have  not 
had  an  opportunity  to  examine  it.  The  correspondence  in  the  two 
messages  offered  very  little  light — in  fact,  Mr.  Sierra  seems  to 
avoid  going  into  the  orgia  of  these  controversies.    Traced  to  it» 


598 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Tuesday, 


source,  I  think  it  will  be  fonnd  that  this  war  at  present  existing 
in  that  country,  is  one  of  the  deplorable  evils  resulting  from  their 
divisions.  Sir,  is  it  not  improbable  that  the  degraded  native  pop- 
ulation of  that  counu-y,  who,  for  three  long  centuries,  have  been 
in  a  state  of  complete  subjugation,  and  whose  nauiral  characteris- 
tic, according  to  Mr.  Sierra,  is  stupidity,  should,  of  their  own  ac- 
cord, .after  having  endured  oppression  so  long,  from  some  strange 
feeling  newly  sprung  up  in  their  breasts,  unite  their  strength  and 
form  an  offensive  league  against  their  ancient  oppressors  ?  Sir, 
there  are,  theie  must  have  been,  other  causes  of  this  difficulty,  of 
which  we  at  present  know  nothing. 

Sir,  when  foreign  intervention  takes  place  it  is  supposed  to  be 
for  peace.  When  any  intervention  with  the  the  affairs  of  other 
nations  is  undertaken,  it  is  assumed  to  be,  upon  the  ground  ol 
humanity,  and  looks  to  tlie  interests  of  both  of  the  contending  par- 
ties. Inter%'ention  looks  to  the  great  interests  of  peace,  and  is 
the  enemy  of  war.  It  is  only  on  this  ground  that  it  can  receive 
the  least  justification.  Can  we  do  that  in  this  case?  This  is  a 
■war  of  one  portion  of  inhabitants  against  another  portion,  whom 
they  regard  as  their  oppressors  ;  and  can  we  by  a  display  of  force 
induce  these  people  to  yield  ?  Can  we  dictate  terms,  or  a  treaty, 
compromise  or  settlement  of  their  difKculty  ?  What  do  they  say 
themselves?  I  saw  an  article  in  a  paper  published  at  Merida, 
in  which  the  superior  class  are  speculating  upon  the  probabilities 
of  receiving  aid  from  this  country.  Nothing  short,  says  the  writer 
of  annexation,  will  be  of  any  use  to  them.  He  ftirther  states, 
that  their  application  to  be  annexed  to  this  country  would  be  suc- 
cessful ;  that  the  abolitionists  and  the  democratic  party  are  all  in 
their  favor,  and  he  thinks  that  the  southern  whigs  will  be  likely  to 
favor  the  proposition  too.  On  the  whole,  he  declares  the  pros- 
pects to  be  very  favorable.  The  principal  and  most  striking 
feature  of  this  article  however  is,  when  the  writer  states  that 
after  annexation  is  secured  they,  the  Yucatanese,  will  be  saved 
from  further  trouble  with  the  savages,  as  they  will  be  immediately  ' 
exterminated  by  us.  That  is  what  they  want  sir.  This  statement 
I  found  copied  from  the  Mexican  paper,  the  La  Patria,  in  the 
Herald  of  this  morning. 

A  few  words  in  reference  to  the  consequences  to  ourselves.  We 
know  something  in  regard  to  Indian  warfare.  Who,  and  what 
are  these  Indians  that  are  to  be  exterminated  ?  What  is  their 
number?  What  their  prowess  ?  What  their  mode  of  warfare? 
What  their  ability  to  sustain  a  war  with  the  United  States  ?  Let 
us  see  what  Mr.  Sierra  says  upon  the  subject  : 

"The  niunerous  hordes  of  that  race  fall  with  surprising  rapidity  U|)oii  tlie  defeme- 
less  villages,  leaving  tiiem  reduced  to  ashes,  and  then  withdraw  to  the  impenetrable 
forests  of  the  country,  setting  our  trobps  at  defiance,  wearing  them  out.  disheartening 
them,  and  driving  tlieni  to  desjiair.  The  fewness  of  the  wants  of  that  race,  thefaeihiy 
Willi  whicti  they  support  all  kinds  of  privations,  the  extraordinary  rapidity  of  their 
movements,  all  lliOie  circumstances  have  given  them  a  superiority  almost    irresistible." 

Such  are  the  people  we  are  called  upon  to  assist  in  extermina- 
ting. They  are  without  artificial  wants,  sulisisting  in  a  state  of 
nature,  living  on  little  or  nothing,  and  sallying  forth  with  aston- 
ishing rapidity,  falling  upon  hamlets  and  villages,  devastating 
thein  with  fire,  and  then  retreating  far  from  pursuit  to  their  for- 
ests and  fastnesses.  The  governor  expresses  his  opinion  of  them 
still  more  strongly.     He  says  : 

"The  white  race — the  civilized  cl.tss  of  this  State — is  now  attacked  in  an  atrocious 
and  barbarous  manner  by  the  aboriginal  caste,  which,  rising  simultaneously  in  insnr- 
rection,  by  an  instinct  of  i'erocity.  is  making  a  savage  and  exterminating  war  on  lis. 
Everything  is  ravaged  and  destroyed,  the  town?  are  delivered  to  flames,  and  all,  witi- 
out  consideration  of  sex  or  .age,  who  fall  into  the  bloody  liand^  of  these  barbarians,  are 
murdered  without  [>ity,  and  with  the  most  cruel  tortures.  Their  forests,  theil  fasji 
nesses,  their  cu>loins,  and  otiier  particular  circumnances.  render  the  Indians  terrible 
enemies;  and  when  to  this  is  added  their  numbers,  excessivsly  superior  to  those  of  the 
other  castes,  it  will  be  at  once  seen  howdifiicnit  it  is  to  restrain  them,  and  how  easily 
they  may  elude  Ills  means  employed  to  attack  and  pursue  them:  and  the  dilliculty 
becomes  the  greater,  in  consequence  of  the  want  ot  funds  to  suppott  the  expenses, 
and  to  obtain  the  necessaries  lor  carrying  on  the  war." 

Here  the  governor  says,  that  these  Indians  have  become  terri- 
ble enemies.  Mr.  Sierra  states  that  they  are  vastly  superior  to 
his  own  people.  In  all  the  accounts  which  we  have  had  of  this 
cruel  war  with  all  its  terrible  devastations,  I  have  never  seen  any 
account  of  the  first  battle  that  has  been  fought,  or  the  first  stand 
that  has  been  made  by  the  white  population  of  that  distracted 
country.  It  appears  that  they  have  a  small  force  in  the  field,  but 
whether  it  is  that  they  are  s.fraid  to  fight,  I  know  not,  I  cannot 
say  ;  as  yet  they  appear  to  have  had  no  skirmish,  nor  made  any 
resistance  however  slight  to  the  desolating  progress  this  formida- 
ble people  are  continuing.  Now,  sir,  if  we  engage  in  this  war  we 
assume  upun  our  hands  no  small  undertaking.  I  know  our  sol- 
diers are  brave,  and  probably  one  tliousand  of  our  troops  would  op. 
pose  a  more  formidable  resistance  to  the  incursions  of  these  In- 
dians than  the  whole  military  force  of  Yucatan.  But,  sir,  from 
the  extracts  which  I  have  just  read,  it  will  be  readily  iieieeived 
tliat  these  people  will  be  the  most  difficult  cnctn)'  to  exterminate 
that  could  be  encottntcred  in  any  war.  Tliey  are  not  to  be  found. 
They  arc  not  to  bo  met  on  the  field  of  battle.  They  retire  when 
pursued  to  t^it-'ir  almost  inaccessible  retreats  and  fastnesses.  Whtit 
can  bo  accomplished  oven  if  wo  pass  the  bill  and  send  an  armed 
force  into  that  country  ?  Why  suppose  we  drive  back  this 
people,  for  it  will  not  be  so  easy  to  exterminate  them,  and  the 
terrified  inhabitants  return  to  their  homes,  tho.se  whose  homes 
have  been  suflered  to  remain.  Can  we  after  thus  driving  back 
the  Indians,  leave  the  whites  to  their  own  defence  ?  Can  we  with. 
draw  our  forces  and  leave  the  people  in  security  ?  Will  they  not 
bo  exposed  to  the  same  inroads  the  moment  our  troops  are  with- 
drawn ?  Why,  sir,  our  possession  of  that  country  must  be  a  per- 
1  petual  oho.  Will  not  the  same  necessity  remain  for  eonttnued  re- 
lief?   Wa  can  aflbrd  thciu  after  ail,  sir,  no  substantial  aid,  unless 


it  is  given  through  a  permanent  occupation  of  that  country, 
and  as  I  have  already  stated,  that  is  the  aid  to  which  they  look 
forward,  and  the  precise  kind  of  relief  which  they  desire.  They 
are  expecting  and  hoping  that  the  strong  arm  of  this  government 
will  thus  be  extended  to  their  relief.  And  that  is  the  question, 
whether  we  are  prepared  to  do  it  ?  Nothing  short  of  permanent 
possession,  or  the  total  extirpation  of  that  race,  will  do  any  good; 
our  sacrifices  will  otherwise  be  made  in  vain.  The  question,  as  I 
have  said,  simply  comes  to  this,  whether  we  are  prepared  to  take 
the  people  of  that  country  under  our  care  and  protection  through 
the  medium  of  annexation,  or  whatever  we  may  call  it,  and  to  af- 
ford to  them  the  secmity  which  they  seem  unable  to  secure  to 
themselves  ? 

Mr.  President,  I  think  if  we  were  to  pass  this  bill  upon  any 
ground,  either  of  humanity  or  policy,  we  would  be  subject  to  the 
charge  of  inconsistency  by  our  constituents  at  home.  The  position 
of  this  country  is  almost  identical  with  that  of  Texas  before  an- 
nexation. It  is  true  Yucatan  has  not  been  recognized  as  an  inde. 
pendent  power,  but  she  has  thrown  ofl  the  yoke  of  Mexico.  Texas 
appealed  to  us  for  relief  in  the  same  way.  But  we  could  not  in- 
terfere or  give  her  aid,  and  was  there  not  a  desolating  war  raging 
within  her  borders  ?  It  is  not  necessary  to  remind  Senators  of  the 
scenes  of  the  Alamo,  where  the  laws  of  war  were  utterly  disre- 
garded, and  a  war  of  extermination  similiar  in  kind,  though  not  in 
degree  to  the  present  case,  was  carried  on  by  the  Mexicans.  Well, 
sir,  we  refused  Texas  aid,  and  yet  her  inhabitants  were  bone  of 
our  bone,  and  flesh  of  our  flesh.  I  might  refer,  sir,  to  other  cases 
more  remote  to  be  sure,  but  perhaps  more  similiar  in  their  nature 
to  the  one  at  present  under  consideration.  I  would  not  be  under- 
stood as  saying  that  it  is  not  proper  to  extend  any  assistance  to 
this  fieople  in  their  extremity,  and  perhaps  we  ought  to  go  so  far 
as  to  sujiply  them  with  arras  and  munitions  of  war.  But  I  speak 
of  our  making  ourselves  a  party  to  this  war.  During  the  glorious 
administration  of  Mr.  Jefferson,  distinguished  for  a  liberal  and  hu. 
mane  spirit,  there  were  similiar  scenes  which  occured  on  our 
borders  ?  Who  has  forgotten  the  fate  of  San  Domingo  ?  We  did 
not  interfere  then,  sir.  Was  not  that  a  case  that  appealed  to  our 
sympathy  and  humanity  ?  Was  it  not  a  case  within  our  borders  as 
much  so  as  in  the  present  one  of  Yucatan  '!  The  result,  as  we 
well  know,  was  the  extermination  of  the  white  race. 

Sir,  let  us  lor  a  momcnl  contrast  this  bill  with  a  resolution  re- 
cently passed  by  this  body,  and  see  if  there  be  not  some  little 
doubt  existing  as  to  the  purity  and  consistency  of  our  present  de- 
sign. I  need  not  reminil  the  Senate  of  the  very  interesting  sub- 
ject lately  before  us,  growing  out  of  the  great  movement  in  the 
old  woild,  considered  in  this  body,  not  in  the  form  of  legislation  to 
be  sure,  still  certainly  in  a  form  assuming  to  express  the  senti- 
ments of  this  great  )ieople,  thus  giving  it  a  higher  character  than 
its  ordinary  expression  might  be  entitled  to.  We  have,  after  much 
deliberation  and  contemplation  upon  the  matter,  adopted  a  resolu- 
tion expressing  our  concurrence  wiih,  and  congratulations  at,  the 
rising  of  the  lower  classes  of  peojile  in  one  of  the  great  nations 
of  Europe,  and  upon  the  success  of  their  efforts  in  overthrowing 
the  higher  and  aristocratic  classes  of  their  society.  That  I  take 
to  be  the  character  of  the  revolution  in  a  great  degree.  And  it 
has  been  called  the  revolution  of  the  blouses.  The  men  in  Irocks, 
the  sons  of  toil  with  their  bronzed  laces  and  haid  hands  accom- 
plished the  revolution,  and  we  have  expressed  our  approbation  at 
the  result  of  their  efforts.  And  now,  sir,  we  are  about  to  express 
our  opinion  of  a  revolutionary  movement,  of  a  civil  war  in  another 
part  of  the  world.  Having  congratulated  the  blouses  in  one  coun- 
try upon  overthrowing  the  power  and  ascendancy  with  all  their 
privileges,  and  influences,  enjoyed  by  the  higher  classes,  we 
are  now  about  to  pass  a  law,  making  ourselves  a  party  with  the 
higher  classes  m  another  country,  to  overthrow  and  even  extermi- 
nate the  lower  classes  or  more  degraded  portion  of  the  population. 
These  people  have  been  vastly  more  oppressed  and  degraded  than 
the  lowest  ranks  of  the  French  inhabitants.  All  wnll  admit,  1 
think,  that  these  two   acts   would    not    stand   very  well  together. 

We  were  told,  Mr.  President,  by  the  honorable  chairman  who 
has  brought  forward  this  bill,  that  if  we  do  not  assume  the  occu- 
pation and  protection  of  this  country,  England  will  take  pos- 
session of  it,  and  then  we  shall  be  called  upon,  in  accordance  with 
the  great  doctrine  of  Mr.  Monroe,  as  that  Senator  understands  it, 
to  displace,  or  expel  her,  and  thus  become  involved  in  a  war  witii 
that  mighty  power.  If  the  Senator's  idea  is  right  npon  this  sub- 
ject, it  IS  giving  to  this  bill  a  higher  character  than  it  has  been 
supposed  to  possess.  If  this  is  so,  we  are  not  only  to  assume  the 
responsibility  of  consequences,  already  referred  to',  resulting  from 
becotning  a  party  to  this  war,  bnt  we  also  hazard  a  war  with  the 
only  nation  capable  of  doing  us  any  essential  or  periuanent  injury. 
But  may  there  not  be  eipial  danger  of  a  war  with  England,  if  we 
interfere  with  Yucatan  in  the  first  instance  ?  But,  sir,  if  we  place 
the  offer  of  our  aid  merely  on  the  ground  of  humanity,  for  a  suf- 
fering people,  and  if  this  is  to  bo  regarded  onlv  us  a  work  of  char- 
ity on  the  part  of  any  nation  that  performs  it,  "surely  if  we  step  in 
and  take  the  work  into  our  own  hands,  England  cannot  but  thank 
us  for  so  doing  !  If  England  interferes  with  a  design  to  extend 
her  dominion  over  that  country,  it  will  be  immaterial  to  her,  wheth- 
er she  be  there  first  or  not  :  she  will  not  relinquish  her  object,  be- 
cause we  get  the  start  of  her. 

Mr.  HANNEGAN.— I  remarked,  that  we  could  not  foretell  the 
consequences  if  we  encountered  English  troops  there. 

Mr.  NILES.— I  believe  I  understand  the  Senator's  positiou 
clearly. 


May  9.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


599 


Mr.  HANNEGAN. — I  said  for  my  own  part,  I  would  be  in  fa- 
vor of  expelling  her. 

Mr.  NILES. — The  Senator  assumes  that  that  is   the  course 
which  we  should  be  bound  to  pursue.     But  I  will   not  dwell  upon 
that  point,  as  I  have  no  apprehensions  either  one  way  or  the  other. 
I  know  her  policy  has  been  an  aggressive  and  grasping  one;  but  I 
believe  that  the  time  has  arrived  when  that  policy  has  reached  its 
culminating  point.     I  believe  that  the  general  sense  of  the  British 
nation  has  been  brought  to  bear  upon  the  suoject,  and  that  there  is 
at  this  time  serious  doubts  in  the  public  mind  in  England,  whether 
the  whole  colonial  system  is  not  a  burden  upon  their   hands.     In  a 
statement  contained  in  the  leading  |ournal  of  London,  the  Times, 
speuking  of  the  government's  sending  three  small  ships  of  war  to 
the    Mosquito  country  where   they  have   some  dilTicuKy,  it  con- 
demned the  measure  in  the  strongest  terms,  affirming  that  "it  was 
not  a  time  for   small  wars."     The   Times  was  astonished   at   the 
action  of  the  ministry  at  a  time  like  this  in   relation  to  a  country 
80  remote  and  worth  so  litt'e.     Sir,  what  is  the  prevailing  spirit  of 
the  day  in  England  as   well  as  elsewhere  ?     Is   it  not   in   favor   of 
free  trade  and  the   overthrow  of  the  colonial   system  ?     Whether 
these  measures  will   be  carried  to  the   extreme  so   as  to  occasion 
the  total  abandonment  of  the   present  system  is  somewhat  doubt- 
ful.    If  it  goes  that  length,  there  will   be   nothing   more   absurd 
than  that  England  should  wish  to  have  a  single  colony  on  the  face 
of  the  earth.     Colonies  do  not  add  to  the  power  or  strength  of  a 
nation;  on   the  contrary,  they  are  a  source  of  weakness.     They 
are  points  to  be  defended;  thus   scattering  the  force  and  power  of 
every  nation  holding  them.     It  is  only  the  advantages  of  position 
that  colonies  atford,  and  this  is  more  than  counterbalanced  by  the 
difficulty  of  defending   them.     It   is   the   monopoly  of  their  trade, 
found  in  the  colonial  system,  that  renders  colonies  of  any  value  or 
importance,  and  if  this  relation  is  destroyed  these  dependencies  will 
become  extremely  feeble.     Sir,   if  this   system   is  abandoned  the 
British  colonies  will  be  our  colonies.     We   will    have   their   trade 
and  commerce.     I  speak  now  of  her  colonies   upon  this  continent 
on  our  borders.     The  idea  that  England  is  about  to  interfere  with 
Yucatan  for  her  own  aggrandizement  is  as  improbable  and  as  un- 
founded as  any  thing  that  can   be  well  conceived   of.     The  power 
and  ambitious  schemes  of  England  are  constantly  brought  in  view. 
It  seems  to  be  with  some  gentlemen  here,  sir,  a  very  fruitful  topic, 
and  brought  to  bear  upon  various  occasions  as  to  what  ought  to  be 
our  policy  in  extending  our  dominion  or  territory;  also  as  a  subject 
of  serious  consideration  the  encroaching  power  of  Great  Britain, and 
the  danger  of  that  power.     We  are  constantly  told  of  her  hemming 
us  round  by  the  extent  of  her  possessions,  of  her  superior  commer- 
cial advantages  on  the  lakes,  the  gulf,  every  where;  and  it  is  as- 
sumed tliat  there  is   something   very  alarming,  hazardous  to   our 
peace,  or  trade,  in  all  this.     Why,  sir,  I  view  the  matter  in  a  very 
different  light.     I  would  assert  our  rights  in  every  respect  against 
Great   Britain  in    all  cases,  but  independent  of  existing  rights, 
viewed  merely  with  reference   to  any  danger,  present   or  remote, 
from  the  increase  or  extent  of  the  possessions  of  Great  Britain  on 
this  continent,  I  regard  all  such  apprehensions  as  utterly  vain  and 
futile,  and  unworthy  of  a  great  people  who   ought  to   have  confi- 
dence in  their  own  position  and  strength.     Who   knows   but  what 
the  settlements  and  progress  of  G^eat   Britain  upon  this  hemis- 
phere are,  in  the  course  of  events  and  the  dispensations  of  Provi- 
dence, to  prove  elements  of  strength  and  prosperity  to  this  country  ? 
Who  knows  bu:  what  her  aggressive  policy,  her   strenuous  exer- 
tions to  build  up  her  power  here,  are  all  to  enure  to   our  benefit, 
commercially,  and   perhaps   territorially.     Do  gentlemen  suppose 
that  the  possessions  of  the  British  empire  can  remain  and  be  held 
together  and  controlled  by  her  with  her  present  political  systein  ? 
Such  calculations  may,  and   probably  will   prove  as  fallacious   as 
those  made  by  the  late  King  of  France.     He   was  strengthening 
and  building  up  power  which  he  thought  would  bo  available  against 
any  dangers   that  might    assail   him   from   within   or  without. — > 
Ho  had  control  over  military  establishments,  fortifications,  and  all 
the  elements  of  power,  greatly  exceeding  that  of  any  other  nation 
on  the  globe.     But  when  the   day  of  trial  came,   what  became  of 
all  this  apparent  strength?     It  fell   like  the  rotten   reed.     Thus 
may  it  be  with  the  power  of  Groat  Britain.     Arbitrary  and  unnat- 
ural systems  held  together  by  force,  have  lost  their  terrors.     Who 
can  tell  what  events  a  few  years  will  produce  ?     Channes  are  even 
now  going  forward  in  the  British  empire,  at  home  and  in  her  colo- 
nies, and  the  condition  of  that  country   may,    in  a  very  short  pe- 
riod, be  entirely  dilferent  from  what  it  is  at  this  time.     Her  Ame- 
rican colonies  may  become  independent  ;  or   they  may  become  an- 
nexed to  our  conlederacy.     Sir,  these  British  possessions  are  vastly 
more  valuable  to  us,  to  our  trade,  than  the   portions  of  this  conti- 
nent so  much  talked  about.     All  these   Spanish  countries  put  to- 
gether in  comparison  with  the  British  possessions,  are  but  a  mere 
bagatelle.     Why,  sir,   the   trade  of  the  British  colonies    in   our 
own  products,  amounts  to  some  nine  or  ten  millions  of  dollars  an- 
nually ;  whilst  that  of  all  the  Spanish  American  colonies,  except- 
ing Cuba,  do  npt  equal  half  that  sum.     And  what  have  we  to  fear 
from  British  power  here  ?     Are  gentlemen  afraid  that  we  shall  be 
attacked  in  our  own  territory,  or  that  our  commerce  may  be  cut 
up  ?     Sir,  we  have  nothing  to  fear  at  home  from  any  power  or  all 
the  powers   of  the   earth.     This  is  the  strangest  country  in  the 
world,    both  in  respect  to  internal  disorder  or    external  violence  ; 
all  Europe  combined,  ought  not  to  give  us  the  least  uneasiness  ex- 
cept in  regard  to   the  sacrifices  which  might  follow.     We  know 
our  strength.     We  see  that  the  whole  people  here  are,  or  may  be, 
in  the  shortest  period  organized  into  a  military  force  equal  to  any 


in  the  world.  We  see  that  the  people  of  Europe  are  of  two  dif- 
ferent elements  and  cannot  be  relied  upon  to  act  together.  Sir,  to 
trouble  ourselves  about  the  growth  of  British  power  is  one  of  the 
idlest  things  in  the  world.  I  do  not  say  that  there  might  not  be 
cases  of  Great  Britain's  attempting  to  possess  herself  of  coun- 
tries which  might  endanger  our  commerce — Cuba,  perhaps,  would 
be  one,  which  would  demand  our  resistance.  But  I  speak  o[  the 
general  idea  of  the  growth  of  British  power  on  this  continent.  We 
have  no  more  reason  to  fear  from  it  than  we  have  from  Mexico. 

Mr.  President,  the  policy  on  which  this  bill  rests,  fear  of  a  sup- 
posed extension    of  the  dominion   of  a  foreign   power   on  the  one 
hand,  and  a  design  of  extending  our  own   dominion  on  the  other, 
if  such  an  idea  can  be  allowed,  I   regard   as   unsound  and  danger- 
ous.    This  spirit  of  jealousy  in  regard  to  the  strength  of  any  pow- 
er on  this  continent  is.  in  my  judgment,    not   only   a  very  unwise, 
but  a  very  dangerous  policy.     What  is  to  be   the  result   if  we  re- 
sist every  attempt — which   seems  to   be  the  idea  of  the  honorable 
chairman  and  others — on   the   part   of  any   foreign  government  to 
establish  or  extend  their  dominion  here  ?     Will  we  not  be  kept  in 
a  constant   state   of  war  or   preparation   for  war  ?     Will  not  the 
adoption  of  such  a  policy   change   our   character,  perhaps,  imper- 
ceptibly, to  that  of  a  military  people,  and  lead  to  a  steady  enlarge- 
ment of  our  military  and  naval  establishments  ?     Will  it  not  entail 
upon  us  a  national  debt  and  change,  in   some  degree,  the  spirit  of 
the  people,  and  in  process  of  time,    the   spirit   if  not  the   form  of 
our  institutions?     Whilst  seeking  to  avoid  imaginary  evils  we  may 
fall  upon  real  evils.     These    evils  we  may  run  into  under  a  repub- 
lican form  of  government  as  well   as  under  a  monarchical.     The 
evils  resulting  from  overgrown  military  establishments,  are  a  pub- 
lie  debt,  and  the  withdrawal    of  so   large   a   portion  of  the  indus- 
trial power  of  the  country,  to  be  maintained  at  the  expense  of  the 
remaining  portion.     Look  at  France,  with  a  military  establishment 
of  five  hundred  thousand  men  !     If  she   expects   to  get  relief  from 
the  burdens  arising  from  this  military  establishment  and  a  national 
debt, its  legitimate  offspring,  by  a  mere  changein  the  form  of  govern- 
ment, she  will  find  herself  entirely  mistaken.     My  honorable  friend, 
chairman  of  the  Committee  on  Foreign  Relations,  in  alluding  to  the 
remarks  of  the   gentleman  from    South  Carolina,  *-ho    adverted  to 
the  impolicy  of  hazarding  an  additional   war,    at    the    time  when 
we  were  involved  in  a  heavy  public  debt,  said  that  when  any  great 
measure  for  extending  our  dominion — I  suppose   he  meant  our  re- 
sisting foreign  colonization  in   this    country,  or   the    carrying   out 
the  great  principle  of  lust  of  dominion — whenever  theie    was  any 
occasion  for  adopting  any  such    great    measure,  the  Senator  from 
South  Carolina  was  constantly  bringing  forward  the    "phantom  of 
a  national  debt."     Sir,  the  people  of  England  and  France,  and  all 
the  States  of  Europe,  seem  at  last  to  have   found   that  a  national 
debt  was  no  phantom,  but   rather  a   sad    reality.     And   shall  we 
enter  upon  a  policy  which  has  brought  such   calamities   upon  Eu- 
rope.    And  I  hope  the  Senator    will  pardon  me   for  saying  that  I 
think  we  are  progressing    in  this  matter   very  respectably  ;  and 
that  a  national  debt  of  one  hundred  millions  is   not    to  be    called  a 
phantom.     I  think  if  not  sensible  now  of  the  reality  of  a  national 
debt,  with    this  convenient   mode    of  getting    along,    by    making 
loans,  that  when  we  get  peace,  and  shall  find  it  hardly  admissible 
to  go  on  by  a  system  of  loans,  and  we    come    to  be  thrown    back 
upon  our  own  real  resources,  the   actual  revenues,  that,    then,  the 
honorable  gentleman  will    be    convinced   that  a   national   debt   is 
something  more  than    a  phantom.     And   with    my   views   of  our 
present  revenue,  and  looking  to  the  present  disturbed  condition  of 
Europe,  and  the  effect    it  must  have  upon   our   trade.    I    am  in- 
clined to  fear  that  the   Senator   may  find  that  the  public  debt  is  a 
reality,  and  our  revenue  a  phantom.     I  hope  it  may  not  be  so,  Mr. 
President.    I  have  got  through  what  I  have  to  say  in  opposition  to 
this  bill.     In  regard  to  the  request  contained  in   the  message,  and 
the  appeal  made    to  us,    I  would    go   for  assisting   this   suffering 
people  as  far  as  may  be  consistent  with    the  established  principles 
of  tills  government — with  maintaining   our   neutrality  in    tlus  war 
as  in  all  other  wars,  and  of  abstaining  from  improper  interference 
with  the  domestic  concerns  of  this,  as  of  all  other  nations.     I  am 
of  the  opinion  that    something  might   be   done   without  violating 
these  principles.     Whatever  measure   may  be  proposed  in  accord- 
ance with  those  principles  lor    their  relief,    I  assure  the  honorable 
chairman  I  will  go  as  far,  if  not  farther  than  himself,  in  carrying  it 
out .  Possibly  we  might  go  so  far  as  to  supply  that  people  with  arms 
and  ammunition  ;  I  am  not  prepared  to  say,  but  that  I  would  go  to 
that  length,  but  that    would  be    the  extent  to    which  I    would  go. 
We  have    hitherto    maintained    a  prudent,  just   and   safe   course 
of  policy  upon  this  eubject.  and  I  earnestly  hope  that  no  untoward 
circumstances,  no    emergency  in    neighboring  States,  no  afl'ecting 
appeal  to  our  feelings,  will   induce  us  to  depart  from  it.     Any  de- 
parture might  be   fatal  to  our  best    interests  ;  and   we  might  find 
it  difficult  to  get  back    into  the    path    in    which   we    have    so  far 
walked  with  safety,  and  which  has  given  to  this  country  a  degree 
of  prosperity,  an  exemption  from  the  evils  of  war,  and   a  freedom 
from  disturbances  and  entangle ments  which  has  fallen    to  the   lot 
of  no  other  nation.     If  then  we   have    thus   far    steadily  pursued 
this  policy  with  a  success  and  prosperity  almost  unequalled,  I  hope 
and  trust    the  Senate   will    consider    long  and  seriously  upon   the 
subject  before  they  pass  a  bill    which,  in    my  judgment,  involves  a 
departure  from  established  principles,  and  which  will  expose  us  to 
new  sources  of  difficulty,  and  become  an   example  for  the  future, 
fraught  with  danger  and   evils  which  no  one  can  foresee,  and   no 
human  sagacity  control. 
On  motion. 
The  Senate  adjourned. 


600 


PETITIONS— RESOLUTIONS,  ETC. 


[Wednesday, 


WEDNESDAY,  MAY  10,  1848. 


PETITIONS. 

Mr.  GREENE  presented  a  memorial  of  citizens  of  Rhode 
Island  praying  tlie  purchase  nf  Mount  Vernon  by  the  government; 
which  was  referred  to  the  Committee  on  Military  Affairs. 

Mr  DICKINSON  presented  a  memorial  of  citizens  of  Cham- 
plain,  New  York,  praying  the  removal  of  the  port  ol  entry  from 
Plattsburg  to  Rouse's'Point,  in  that  State;  which  was  relerred  to 
the  Committee  on  Commerce. 

Mr  DIX  presented  the  petition  of  the  heirs  nf  Charles  Newboid, 
decea'.ed  praying  remuneration  for  the  benefits  which  have  been 
derived  from  the  use  of  the  cast  iron  plough  invented  by  the  said 
Charles  Newboid;  which  was  referred  to  the  Committee  on  Fa- 
tents  and  the  Patent  Office. 

Also   two  petitions  of  citizens  of  the  United  Stales  praying  that 
the  heirs  of  Charles  Newboid  may  be  remunerated  lor  his  inven- 
tion of  the  cast  iron  plough;  which  were  referred  to  the  Commit- 
tee on  Patents  and  the  Patent  Office. 
On  motion  by  Mr.  HUNTER,  it  was 

Ordered,  That  John  England  have  leave  to  withdraw  the  docu- 
menis  relating  to  his  claim. 

POST    ROUTE    IN    LOUISIANA. 

Mr.  JOHNSON,  of  Louisiana,  submitted  the  following  resolu- 
tion, which  was  considered^  by  unanimous  consent,  and  agreed  to; 

Rriulveil.  That  tile  Coraraillee  on  the  Po-,l  fiffice  iiud  Post  Roads  be  inslrucled  to 
ir.nuite  into  the  expediency  of  eslabUshing  a  post  route  from  New  R.ver  post  office, 
on  the  east  bank  of  the  Mississippi  river,  to  Galvestown,  in  the  Slate  of  Louisiana. , 

CHEROKEE    CLAIMS. 

Mr.  JOHNSON,  of  Maryland,  submitted  the  following  resolu- 
tion, which  was  considered,  by  unanimous  consent,  and  agreed  to: 

Rcsoh-d.  That  the  Committee  on  Indian  Aflairs  be  instructed  to  inquire  into  the 
claim  of  sucii  Cherokee  Indians  as  remain  east  o'  the  Mississippi  to  commutation,  lor 
removal  and  subsistence,  and  report  sucli  measures,  if  any,  as  m  llie  opimon  ol  the 
committee  should  be  adopted  for  the  adjustment  of  such  claim. 

PRIVATE   BILLS. 

Mr.  DAVIS,  of  Mississippi,  from  the  Committee  on  Pensions, 
to  whom  was  referred  the  petition  of  Nehemiah  Brush,  submitted 
a  report  accompanied  by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  JOHNSON,  of  Louisiana,  from  the  same  committee,  to 
whom  was  referred  the  petition  of  William  Pittman,  submitted  a 
report  accompanied  by  a  bill  for  his  rcliel. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr  JOHNSON,  of  Louisiana,  from  the  same  committee,  to 
whom  Ihe  following  bills  from  the  House  of  Representatives  were 
referred  : 

An  act  for  the  relief  of  Joel  Thatcher.  •     ■; 

An  act  for  the  relief  of  John  Knight.  ■  ~ 

An  act  for  the  relief  of  Ben.i.  Relfsnyilei.  • 

An  act  fur  the  relief  of  VVm.  Paddy. 

An  act  for  the  relief  of  Isaac  Bayless. 

An  act  for  the  relief  of  Arthur  Wilson, 

An  act  for  the  relief  of  Benj.  G.  Perkini. 

An  act  for  the  relief  of  Beriah  Wrislit. 

An  act  for  the  relief  of  John  Savage,  ^ 

reported  them  without  amendment. 

THE  PRIVATE  BILL  CALENDAR. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 
Ordered,  That  Friday  next  be  assigned  to  the  consideration  of 
private  bills. 

COMMITTEE  ON  ENROLLED  BILLS. 

Mr.  Borland  being,  on  his  motion,  excused  from  serving  on  the 
Committee  on  Enrolled  Bills,  it  was 

Ordered,  That  ihc  vacancy  be  filled  by  the  Vice  President  ; 
and 


Mr.  Greene  was  appointed. 


MESSAGE  FROM  THE  HOtTSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President  :  The  President  of  the  United  States  approveti  and  signed,  the  Shh 
instant,  an  act  lo  make  Ship  Kland,  in  the  collection  district  of  Pearl  river,  a  jiorl  of 
delivery,  and  to  authorize  the  appointment  of  a  deputy  colle(;tor  for  said  port :  an  act 
authorizing  a  term  of  the  United  States'  Circuit  and  ilislricl  Courts  at  Chicago,  Uli-  ■ 
nois  ;  an  act  in  addition  to  an  act  therein  mentioned  ;  an  act  for  the  relief  of  Haniet 
Barney  ;  and  a  joint  resolution  of  thanks  to  Major  General  Taylor. 

The  House  of  Representatives  have  passed  a  joint  resolution  providing  for  the  pay- 
ment of  the  regiment  of  Texas  monnted  troops,  called  into  the  service  of  the  United 
States,  under  the  requisition  of  Colonel  Curtis  in  the  year  1847,  and  for  other  purpo- 
ses ;  in  which  they  request  the  concurrence  of  the  Senate. 

The  said  joint  resolution  was  read  the  first  and  second  times,  by 
unanimous  consent,  and  referred  to  the  Committee  on  Military 
Affairs. 

agricultural  and  MANUF.iCTUnING  STATISTICS. 

Mr.  UNDERWOOD,  by  unanimous  consent,  asked  and  obtained 
leave  to  bring  in  a  joint  resolution  requiring  ihe  Commissioner  of 
Patents  to  report  Linnually  upon  the  priecb  of  labor  and  the  pro- 
ductions of  agriculture  and  manufactures  ;  which  was  read,  passed 
to  the  second  reading  and  ordered  to  be  printed. 

settlers  under  the  armed  OCCUPATION  ACT. 

On  motion  by  Mr.  WESTCOTT,  the  prior  orders  were  post- 
poned, and  ihe  Senate  resumed,  as  in  Committee  of  the  Whole, 
the  consideration  of  the  bill  for  the  relief  of  the  bona  fide  settlers 
under  the  acts  for  the  armed  occupation  and  settlement  of  a  part 
of  the  territory  of  Florida. 

The  amendment  reported  from  the  Committee  on  Public  Lands, 
was  agreed  to. 

The  amendnient  submitted  by  Mr.  WESTCOTT,  to  strike  out 
in  the  third  line  of  the  second  section  all  after  the  word  "thereof," 
down  to,  and  including,  the  word  "Office,"  in  the  eighth  line  of 
the  said  section,  and  insert  in  lieu  thereof  "were  or  are  not  legal- 
ly subject  to  donation  under  the  said  acts  on  any  account  what- 
ever," was  agreed  to. 

Mr.  UNDERWOOD  moved  further  to  amend  the  bill  by  in- 
serting between  the  words  "frontier"  and  "thereby,"  in  the  twelfth 
line  of  the  first  section,  the  words  "south  of  said  line  specified  in 
said  act  of  1842  ;"  which  was  agreed  to. 

No  further  amendment  being  made,  the  bill  was  reported  to  the 
Senate  ;  and  the  amendments  were  concurred  in. 

Ordered,  That  the  bill  be  engrossed  and  read  a  third  tims. 

The  said  bill  was  read  a  third  time. 

Resolved,  That  the  said  bill  pass  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

DEFERRED  NOMINATIONS. 

The  Senate  resumed  the  consideration  of  the  resolution  submit- 
ted by  Mr.  Johnson,  of  Maryland,  on  the  28th  ultimo,  respecting 
appointments  made  by  the  President  during  the  recess  of  the  Sen- 
ate. 

The  resolution  was  read,  as  follows  : 

Resolved,  That  the  President  of  the  United  States  is  requested  to  inform  the  Senate 
whether  auy  officers  are  now  in  the  military  or  civil  service  of  tlie  United  States,  under 
appointments  from  the  President,  which  have  not  been  subinitted  to  the  Senate  ;  and 
if  there  be  any  -uch  appointments,  that  he  state  ihe  date  of  such  appointments,  and 
why  it  is  that  it  has  not  been  in  the  power  of  the  Prcsideut  to  submit  Ihcm  to  the  coo- 
pideration  of  the  Senate. 

Mr.  JOHNSON,  of  Maryland,  addressed  the  Senate  in  support 
of  the  resolution,  and  in  reply  to  some  remarks  made  by  Mr. 
Allen  at  a  former  day.  Without  concluding,  the  hour  for  the 
special  order  having  arrived,  Mr.  Johnson  gave  way,  and  it  was 

Ordered,  That  the  further  consideration  thereof  ~bc  postponed 
until  to-morrow. 

A  report  of  Mr.  Johnson's  remarks  will  be  found  in  the  Ap- 
pendix. 

THE    YUCATAN    DILL. 

The  Senate  resumed,  as  in  Committee  of  tho  Whole,  the  consi- 
deration of  the  bill  to  enable  the  President  of  the  United  States  to 
take  temporary  military  occupation  of  Yucatan. 


Mav  10.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


601 


Mr.  CASS. — Mr.  President  :  Before  I  proceed  to  the  direct 
consiileralion  of  the  subject  before  the  Senate,  I  be?  leave  to  re- 
call a  remark  made  by  ihe  honorable  Senator  from  Connecticut  in 
the  discussion  of  yesterday,  and  to  correct  an  error  into  which  I 
think  he  has  fallen.  In  deprecatinf;  the  prompt  action  of  Con- 
press  in  this  matter,  the  honorable  Senator  jnsiified  our  delay  by 
the  delay  of  the  Executive;  and  I  thought  with  an  appearance  of 
harshness,  if  not  of  severity.  He  said  the  subject  had  liecn  before 
the  President  for  some  weeks,  perhaps  for  some  months,  without 
any  decision;  and  he  seemed  to  draw  the  conclusion,  that  we 
might  now  rev|uire  an  equal  time  to  determine  upon  our  legisla- 
tive course.  There  is  an  essential  difference,  however,  between 
the  action  of  the  Executive  and  of  the  legislative  departments 
npon  this  subject.  I  believe  it  is  about  two  months  since  the  mel- 
ancholv  state  of  things  in  Yucatan  was  first  made  known  to  this 
government,  and  its  interposition  implored.  It  was  a  new  ques- 
tion, involving  very  serious  considerations.  We  all  feel  this;  for 
they  are  pressed  upon  us  more  and  more  at  every  step  of  our  pro- 
gress. However  urgent  were  the  claims  of  humanity,  the  neces- 
sary information  for  discreet  action  was  not  in  the  possession  of 
the  Executive.  The  commissioner  of  Yucatan  had  indeed  made 
his  representation;  but  it  required  to  be  fortified  by  less  partial  m- 
formation — by  the  reports  and  opinions  of  our  oun  officers,  who 
were  acting  upon  the  coasts  of  that  country,  and  who  were  ac- 
quainted with  its  present  condition,  and  the  causes  that  led  to  it. 
Well,  sir,  it  took  lime  to  procure  these  facts  through  this  channel, 
and,  as  soon  as  they  w-ere  procured,  the  President  determined 
npon  his  course,  and  transmitted  the  message  now  under  delibera- 
tion. Certainly  gentlemen  do  not  desire  the  same  time  to  discuss 
such  a  question  as  this,  as  was  necessarily  consumed  in  the  collec- 
tion of  information.  The  great  points  of  the  case  are  before  us, 
and  the  application  now  comes,  not  merely  from  the  Yucate:» 
ooramissioner,  but  from  the  legislative  department  of  the  govern- 
ment in  a  solemn  decree,  and  from  the  Executive  of  the  country. 
It  is  a  case  of  overwhelming  overpowering  necessity.  While  we 
are  deliberating,  the  sad  action  is  going  on;  and  however  prompt 
we  may  now  he,  we  may  not  be  prompt  enough  for  the  circum- 
stances. The  fate  of  the  country  may  be  decided  before  we  can 
send  any  relief.  At  any  rate,  let  us  redeem  ourselves  from  the 
reproach  of  indifference  or  unnecessary  delay.  This  is  one  of 
those  groat  cases  for  human  action,  where  to  do  well  is  to  do 
promptly,  and  where  too  much  caution  will  show  that  we  are 
unequal  to   the   position  in   which  we  find  ourselves  |daced. 

I  need  not  recall  the  condition  of  Yucatan.  The  message  it- 
self, with  the  accompanying  documents,  the  information  which 
daily  reaches  us  through  the  public  journals,  and  the  discussion 
here,  have  put  us  in  possession  of  the  true  state  of  things  in  that 
unhappy  country.  It  is  divided  between  the  two  races  of  Spanish 
and  of  aboriginal  descent,  and  the  Indians  have  obtained  the  su- 
periority— have  descended  from  the  high  country  upon  the  low, 
and  are  driving  the  white  race  before  them  to  death  or  to  the 
ocean.  It  is  a  war,  if  that  can  be  called  a  war,  where  the  flight- 
ing seems  to  be  all  upon  one  side,  of  destruction  and  extermina- 
tion. Not  figuratively,  because  here  and  there  a  man  is  killed  or 
a  plantation  laid  waste,  but  literally,  rigidly;  for  nothing  is  spared, 
neither  man  nor  his  works,  and  fire  and  the  sword  accompany  the 
Indian  army,  and  do  their  work  without  pity  as  without  reinorse. 
Aid,  under  such  circumstances,  is  a  duty  of  humanity,  which  no 
one  in  tlus  country  calls  in  question.  But,  owing  to  the  peculiar 
features  of  our  own  constitution, many  doubt  whether  this  government 
has  the  power  to  grant  it.  Though  I  believe,  sir,  we  may  clearly 
interpose  in  such  an  extreme  case  of  national  suffering,  as  was 
done  many  years  since  for  Caraceas;  yet,  as  this  question  does  not 
lie  in  my  way,  I  shall  not  turn  aside  to  seek  it.  All  may  hold  the 
claims  of  humanity  to  be  a  strong  inducement  for  action,  when 
oonjuined  with  other  motives  for  legislative  interposition,  which 
render  our  action  equally  constitutional  and  expedient.  This 
question  intimately  connects  itself  with  the  prosperity  and  (I  had 
almost  said)  the  safety  of  our  country.  We  have  reached  one  of 
those  epochs  in  the  progress  of  nations  to  which  the  historian  looks 
back  with  interest,  and  whence  he  traces  much  of  the  good  or  evil 
they  encounter  in  their  career — one  of  those  epochs  which  impress 
themselves  upon  the  character  of  a  country,  and  when  vigorous 
counsels  are  equally  dictated  by  justice  and  by  wisdom,  while  timid 
and  irresolute  measures  are  sure  to  be  followed  by  political  weak- 
ness and  by  the  contempt  of  the  world. 

The  principle  advanced  by  Mr.  Monroe,  many  years  since,  in 
two  of  his  messages  to  Congress,  which  denounced  any  future  at- 
tempt of  the  European  powers  to  establish  new  colonies  in  this 
conntry,  has  been  brought  into  this  discussion,  and,  in  fact,  neces- 
sarily connects  itself  with  it.  This  principle  has  been  reasserted 
by  the  present  Executive,  upon  the  same  general  considerations 
which  influenced  the  action  of  his  predecessor.  It  was  a  wise 
measure,  fully  justified  by  received  principles  of  the  law  of  nations 
and  by  the  actual  circumstances  of  our  country.  The  honorable 
Senator  from  Connecticut,  [Mr.  Niles,]  considers  the  reiteration 
of  the  principle  by  the  present  Executive,  and  perhaps  its  original 
annunciation  by  Mr.  Monroe,  as  the  claim  of  a  right  to  regulate 
all  the  affairs  of  this  continent,  so  far  as  respects  Europeans.  But 
this,  sir,  is  an  entire  misconception  of  the  whole  subject.  It  has, 
how  ever,  prevailed  somewhat  extensively,  both  hero  and  elsewhere, 
though  it  seems  to  me  that  the  slightest  consideration  of  the  mes- 
sages referred  to  would  have  corrected,  or  rather  prevented,  this 
flagrant  error.  Neither  of  these  Presidents,  the  past  nor  the 
present,  assumed  to  interfere  with  any  existing  rights  of  other 
nations  upon  this  continent.  Neither  of  them  called  in  question 
30th  Cong.— 1st  Session — No.  76. 


their  right  to  hold  and  improve  the  ffolonios  they  pos!essi?d,  nt 
tiieir  own  pleasure.  Such  an  assumption  would  have  been  equally 
obtrusive  and  inefl><ctual  ;  and  how  the  opinion  could  have  pre- 
vailed that  has  been  advanced,  no  one  can  tell  ;  for,  in  the  docu- 
ments themselves,  the  true  doctrine  is  cautiously  guarded,  and  ex- 
isting rights  considered  as  unassailable.  Tiic  object  which  these 
statesmen  had  in  view  was  to  prevent  the  colonization  of  any  por- 
tion of  this  hemisphere  ;  to  announce  to  the  world,  that  when  any 
of  the  colonies  planted  upon  it  escaped  from  European  thraldom, 
they  should  not  be  again  subjected  to  that  comparatively  humilia- 
ting condition.  The  Spanish  colonies  had  shaken  ofT  the  yoke  of 
Spain,  and  had  asserted  their  independence.  The  struggle  bad 
been  going  on  some  time,  and  it  was  apparent  to  all  the  world, 
except  to  th'^  world  of  Spanish  obstinacy,  that,  if  not  prevented 
by  external  force,  it  would  terminate,  as  it  has  terminated,  in 
their  admission  into  the  great  family  of  nations.  It  was  obvious 
that  European  complications  might  arise,  in  consequence  of  the 
necessities  of  Spain,  and  of  her  recklessness  in  pushing  \be  contest, 
which  might  afifeet  the  fate  of  these  countries.  French  or  Eng- 
lish assistance  might  be  asked  for,  and  rights  conveyed  which 
would  induce  these  powers  to  take  part  in  the  struggle,  with  a 
view  to  take  part  in  the  spoils  that  might  result  from  it.  This 
was  the  evil  foreseen,  and  the  declaration  of  this  country  was  one 
of  the  remedies  to  avert  it .  On  this,  as  upon  many  other  occa- 
sions, we  halted  in  our  course,  and  did  not  come  up  to  our  own 
work.  Such  declarations  as  those  referred  to,  when  made  by  the 
head  of  a  European  nation,  are  made  authoritatively,  because  he 
who  pronounces  them  has  the  power  to  enforce  them.  They  be- 
come settled  maxims  of  policy,  and  other  nations  are  aware  that 
they  cannot  be  interfered  with,  except  at  the  hazard  of  war.  But 
it  is  far  different  here.  Great  principles  of  conduct  depend  essen- 
tially upon  public  sentiment,  and  can  only  be  enforced  by  the  ac- 
tion of  Congress.  Public  sentiment  in  this  country  has,  1  believe, 
with  unusual  unanimity,  approved  this  principle  ;  but  Congress  ha» 
never,  by  action  or  declaration,  given  it  the  sanction  of  its  authori- 
ty. It  has  rested,  therefore,  barren  among  our  archives,  only  to 
bear  fruit  when  the  legislature  of  the  country  adopts  it  as  its  own. 
My  honorable  friend  Irom  Ohio,  [Mr.  Allen,]  with  that  sagacity 
and  energy  which  mark  his  political  course,  seeing  this  state  of 
things,  and  foreseeing  its  consequences,  endeavored  some  two 
years  since  to  draw  the  attention  of  Congress  to  this  subject,  and 
to  procure  its  authoritative  action.  But  he  failed — not,  however, 
from  the  want  of  those  exertions  which  ought  to  have  insured  suc- 
cess ;  and  we  have  come  down  to  the  present  day  with  this  great 
principle — recommended,  indeed,  but  not  asserted,  by  the  only 
body  which  has  the  power  to  give  efiijct  to  the  assertion. 

Mr.  President,  a  few  brief  reflections  will,  I  think,  satisfy  us 
that  this  measure  is  as  just  as  it  is  important  ;  and  now,  when  wo 
must  discard  or  embrace  it,  it  is  our  duty  to  examine  the  consider- 
ations which  are  connected  with  it.  That  I'^w  which  regulates  ths 
intercommunication  of  nations,  is  not  rigid  and  stationary.  It 
rests,  indeed,  upon  certain  fundamental  principles  of  right  and 
wrong  ;  but  many  of  its  principles  change  with  (he  changes  of 
nations,  and  accommodate  themselves  to  the  progress  of  society 
and  to  the  existing  opinions  of  mankind.  Illustrations  of  this  prin- 
ciple are  familiar  to  every  reader  of  modern  history.  They  are  to 
be  found  in  the  questions  which  have  been  agitated  tibout  the 
Baltic  ;  the  Black  sea  ;  the  right  of  England,  claimed  and  exer- 
cised at  one  time,  to  control  the  navigation  of  what  she  called  her 
narrow  seas  ;  about  the  equally  absurd  claim  of  Spain,  which  she 
actually  enforced  for  many  years,  to  prevent  the  vessels  of  other 
nations  from  sailing  within  the  neighborhood  of  her  American 
colonies  ;  and  about  the  right  of  the  Pope  to  partition  the  new 
continent  among  the  powers  of  the  old.  I  have  not  had  time  to 
advert  to  the  historical  authorities,  but  I  am  strongly  impressed 
with  the  conviction,  that  when  the  Portuguese  government  had 
been  transferred  to  Brazil,  and  the  permanent  condition  of  the  two 
countries  became  the  subject  of  consideration  m  Europe,  it  was 
contended,  and,  I  believe,  admitted,  that  the  two  nations  must  be 
eventually  separated,  if  the  government  remained  in  Brazil,  as  the 
principle  could  not  be  admitted  that  European  nations  might  be- 
come the  colonial  establishments  of  the  American  powers.  This 
was  assumed  as  a  kind  of  family  law  belonging  to  the  nations  of 
that  hemisphere,  necessarily  arising  out  of  their  condition. 

When  this  continent  was  first  settled,  its  true  de.stiny  seems 
never  to  have  occurred  even  to  the  most  sagacious  statesman. 
The  colonial  establishments  were  formed  and  settled  for  the  pur- 
pose of  commerce  and  profit,  and  w-ere  held  only  for  the  benefit  of 
the  metropolitan  governments.  The  memory  of  this  condition  of 
things  survives  in  the  word  plantations,  yet  retained  as  the  name 
of  one  of  our  States,  and  indicating  the  object  of  its  early  estab- 
lishment ;  and,  in  the  term  general  court,  the  appellation  of  the 
legislature  of  several  members  of  the  confederacy,  identical  with 
the  name  of  the  directing  power  of  large  corporations  in  England—^ 
e^ich  is  the  East  Indja  Company  and  the  Hudson's  Bay  Company — 
and  which  belonged  to  the  corporations  whose  powers  were  trans- 
ferred to  New  England,  but  without  the  slightest  apparent  con- 
ception of  the  true  consequences  that  were  to  follow.  This  utili- 
tarian principle  is  manifest  inthe  whole  course  of  English  legisla- 
tion, and  of  executive  administration,  respecting  these  States,  then 
colonies  of  that  country.  Why,  sir,  it  has  been  said — rather  I 
suppose  in  illustration  and  reproach,  than  as  a  literal  fact,  but 
still  true  enough  to  a  great  extent — that  even  a  horse  shoe  nail 
could  not,  by  law,  be  made  in  America,  but  must  be  manufactured 
in  England.  Every  war  in  Europe  was  a  war  upon  this  continent. 
Governments,  comparatively  imbecile,   like  those  of  Spain  and 


602 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Wednesday, 


Portugal,  and  in  the  last  stages  of  political  decrepitude,  owned 
and  controlled  lialf  the  world.  Magnificent  regions,  destined  by 
God  to  be  inhabited  by  millions  of  human  beings,  penetrated  by 
great  arteries,  divided  by  lofty  mountains,  where"  were  emboweled 
the  riches  of  the  earth — prairies  and  pampas,  and  forests,  as 
boundless  in  extent  as  they  might  be  rendered  fertile  in  their  pro 
ductions — all  these  gifts  of  nature  to  man  were  locked  up,  rendered 
useless  by  the  wretched  policy  or  the  little  miserable  intrigues  of 
the  courts  of  Madrid  and  of  Lisbon. 

Sui'h  was  the  condition  of  this  continent,  when  we  came  upon 
the  scene  of  political  action  as  one  of  the  independent  powers  of 
the  world.  New  interests  then  arose,  and  a  new  party  to  assert 
and  protect  them.  With  the  change  in  our  s'tuation,  came  changes 
in  our  rights  and  duties.  It  was'  obvious  that  many  old  things 
must  pass  away.  The  first  link  in  t'  e  chain  of  servile  connection 
between  Europe  and  America  was  broken.  When  the  whole  con- 
nection should  be  dissolved,  became  thenceforth  only  a  question  of 
time.  For  a  while,  however,  we  had  too  much  to  do  with  the 
present,  to  take  any  accurate  survey  of  the  future.  Emerging 
i'rom  a  terrible  war,  our  first  object  was  to  repair  its  ravages,  and 
recover  from  its  material  elTects.  We  had  ihen  to  consolidate  our 
government,  and  to  accommoda'e  our  institutions.  State  and  gen- 
eral, to  the  now  circumstances  of  our  position;  and  while  we  were 
doing  this,  ihat  tremendous  storm  arose  in  Europe,  which  swept 
over  the  Old  World,  and,  during  its  progress,  involved  all  the  na- 
tions of  the  earth,  directly  or  indirectly,  either  in  its  operation  or 
its  elFects.  Until  this  passed  away,  the  government  of  the  United 
States  had  no  opportunity  to  investigate  and  assert  the  new  prin- 
ciples arising  out  of  their  indfpendenoe  and  their  connection  with 
the  other  communities  of  the  American  continent.  But  the  revo- 
lution of  the  Spanish  colonies  gave  them  this  opportunity;  and  their 
increased  power  gave  tu  the  Executive — if  it  liid  not  give  to  Con- 
gress— the  confidence  necessary  lor  decisive  action.  There  was 
an  American  interest  upon  this  hemisphere,  separate  from  the  Eu- 
ropean interest.  The  poweis  inhabiting  it,  besides  their  more 
general  relation  with  the  nations  of  the  earth,  had  a  policy  more 
peculiarly  their  own.  The  questions  leading  to  war  in  Europe 
were  almost  as  endless  as  many  of  them  were  futile.  They  were 
wars  of  succession,  ol  interest,  of  aggrandizement  of  resentment, 
and  of  almost  every  other  passion  which  sways  the  human  breast. 
Minions  and  favorites  and  mistresses,  acted  upon  imbecile  sove- 
reigns and  corrupt  cabinets,  and  the  peace  of  the  world  was  sacri- 
ficed to  the  most  despicable  motives.  It  would  really  appear  in 
some  of  the  wars  of  modern  times  as  though  power  were  some- 
times placed  in  unworthy  hands,  to  show  how  far  human  forbear- 
ance can  be  carried,  and  the  dignity  of  human  nature  degraded. 
We  desired  to  live  out  of  the  sphere  of  such  operations,  and  we 
could  not  do  so  if  they  were  brought  into  close  contact  with  us. 
Political  propagandisra  has  no  place  in  our  policy.  We  prefer  our 
own  form  of  government,  from  a  conviction  that  it  is  best  calcula- 
ted to  promote  our  happiness;  and  we  rejoice  when  other  nations 
are  willing  and  prepared  to  adopt  it,  from  an  equal  conviction  that 
it  will  promote  theirs.  But  with  a  determination  to  judae  for 
ourselves,  we  leave  to  them  the  same  right.  Certainly  it  is  inter- 
esting to  us,  that  the  States  of  this  continent  should  be  republican 
as  well  as  independent.  We  can  assimilate  more  readily  with 
them,  and  we  believe  their  condition  will  be  safer  and  more  perma- 
nent. But  whatever  form  of  government  they  might  choose  to 
adopt,  it  was  for  their  interest  and  ours,  that  they  should  advance 
in  all  the  elements  of  improvemeirt,  moral  and  material;  that  their 
powers  should  bo  developed,  and  their  own  industry  opened  to  the 
world,  and  that  of  the  world  to  them.  Connected  with  the  uncer- 
tain and  ever-changing  fate  of  European  sovereigns,  their  con- 
dition would  not  only  be  precarious,  continually  exposed  to  war, 
hut  the  sources  of  their  prosperity  would  be  locked  up,  as  the  mi' 
ser  locks  up  his  treasures,  which  he  will  neither  use  himself  nor 
suffer  to  be  used  by  others.  The  honorable  Senator  from  Con- 
necticut, hils  put  to  us  the  argianentum  ad  hominem,  and  has  said 
that  we  are  inconsistent  in  our  principles,  because  we  do  not  in- 
terfere with  France  and  England  in  their  operations  in  the  La 
Plata.  Certainly  the  war  which  has  been  waging  there  is  one  of 
the  most  unjust  in  modern  times  ;  hut  still  it  is  an  open,  public- 
avowed  wai — not,  it  is  said,  lor  the  purp  ises  of  aggrandizement, 
bat  with  the  professed  view  to  terminate  the  hostiliiies  which  had 
long  been  going  on  between  the  independent  States  on  that  river. 
The  hontn-able  gentleman,  as  I  before  said,  has  misconceived  the 
nature  of  the  principle.  We  do  not  deny  the  right  of  the  powers 
of  Europe  to  go  to  war  with  the  American  States,  when  they  have 
cause  to  do  so;  and  of  this  they  must  judge  for  themselves.  When 
these  wars,  however,  are  undertaken  for  the  purpose  of  rccoloniz- 
ing  any  portion  oi  this  continent,  or  when  that  consequence  is  ob- 
viously to  flow  from  them,  then  will  come  the  time  to  test  the  true 
principles  of  our  action. 

Beside  these  considerations,  arising  out  of  the  material  and  in- 
tellectual [irogress  of  the  American  States,  there  was  another  more 
immediately  allocting  us,  and  which  we  could  not  neglect.  One 
of  these  States,  and  the  most  important  among  them,  was  coter- 
minous with  us  along  the  whole  extent  of  our  southern  frontier. 
Any  convulsion,  internal  or  external,  alfecting  her,  could  not  fail 
to  engage  our  attention,  as  it  could  not  fail  to  atiect  our  interest. 
Continually  attached  to  a  European  sovereignty,  she  would  be  con- 
tinually exposed  to  the  vicissitudes  which  such  a  state  of  things 
must  necessarily  bring  with  it  ;  and  war  upon  the  ocean  and  the 
land,  would  expose  our  borders  to  evcr-reiiewing  dangers.  And 
she,  too,  is  intimately  connected  by  position  ami  character  with 
the  States  south  of  her,  and  their  dangers  would  be  hers. 


But  it  is  objected,  that  this  principle  is  at  war  with  the  salutary 
rule  of  non-intervention  laid  down  by  Mr.  Jefferson,  and  now  re- 
garded as  one  of  the  received  maxims  of  our  policy.  Sir,  this  is 
not  so.  These  declarations  on  the  subject  of  European  recoloni- 
zation  are  not  for  the  purpose  of  interfering  with  other  powers, 
but  to  prevent  other  powers  from  interlering  with  us  No  man  will 
carry  this  doctrine  of  non-intervention  so  far  as  to  say  that  it  pro- 
hibits us  from  iireventing  the  action,  united  or  single,  of  other  na- 
tions, who  seek  the  adoption  of  measures  affecting  our  interest  and 
safety.  If  a  league  were  forming  among  the  great  powers  of  Eu- 
rope, which,  unoer  whatever  pretence,  was  seeking  the  establish- 
ment of  a  principle  which  would  give  to  England  the  com nd  of 
the  commerce  of  the  world,  must  we  sit  still  and  calmly  await  its 
consummation,  because,  if  we  do  not,  we  shall  interfere  in  the  af- 
fairs of  otner  nations  ?  and  then,  when  the  time  of  trial  comes,  be 
compelled  to  resist  by  arms,  when  a  firm  interposition  and  decla- 
ration of  our  resolution  during  the  progress  of  the  diplomatic  mea- 
sures might  have  thwarted  the  objects  of  ambition,  <lis^uised  under 
the  pretence  df  philanthropy?  Thus  to  interfere  is  no  improper 
intervention,  but  a  high  dictate  of  duty,  demanded  by  the  true 
principles  of  public  salety. 

We  desire  no  union  ol  the  American  States  ;  no  league  to  in- 
volve us  in  their  diflicuhies,  or  they  in  ours  ;  no  Panama  mission 
to  open  a  grand  negotiation,  and  to  open  likewise  a  career  of  com- 
plicated diplomatic  relations,  as  difficult  to  define  in  their  princi 
pies  as  to  control  in  their  practical  operations-  We  desire  the 
most  perfect  independence  for  all  of  them,  and  the  most  amicable 
relations  among  hemselves  and  with  us.  But  we  are  determined, 
so  far  as  depends  on  us,  that  no  European  family  principles  shall 
come  to  find  an  abiding  place  upon  this  continent,  and  to  involve 
in  wars,  that  do  not  interest  them,  the  various  states  which  occu- 
py it. 

And,  thanks  to  this  "wretched,"  and ''miserable,"  and  "un- 
just," and  "rash  and  precipitate  war,"  our  voice  will  now  be  heard 
and  heeded  through  the  world.  Yes,  sir,  that  war,  thus  charac- 
terized, has  shed  a  flood  of  glory  upon  this  country  which  will  ir- 
radiate its  history  for  gei  erutions  yet  to  come.  Its  cost !  its  cost ! 
is  dai'y  dinned  into  our  ears,  as  though  there  were  nothing  to  be 
regarded  but  money  in  the  conduct  and  character  of  nations.  It 
has  cost  much  money — I  do  not  deny  it  j  though  I  believe  it  has 
been  prosecuted  with  as  much  economy  as  is  practicable  in  such 
tlistant  and  extensive  operations.  I  regret  the  cost,  as  I  regret 
the  necessity  of  the  war  which  led  to  it.  But  shouUl  we  never 
get  one  foot  of  territory  from  Mexico  as  an  indemnity — and  ap- 
pearances seem  now  to  indica  e  that  infatuated  councils  may  pre- 
vail in  that  unhappy  country,  and  that  we  may  be  compelleiil  to 
hold  on  to  the  whole — but  if  we  should  never  get  one  foot,  as  an 
American  citizen,  loving  my  country,  and  having  cause  to  love  her, 
I  would  not  sell  my  share  of  the  glory  we  have  acquired  for  many 
times  my  share  of  the  expense  it  has  cost.  It  is  not  mere  glory 
which  this  war  has  brought  us,  though  lhat  is  one  of  the  essential 
elements  of  national  power;  but  it  is  character,  and  distinction, 
and  position,  and  beyond  these  strength  and  safety.  Our  territory 
is  henceforth  holy  ground.  No  hostile  foot  will  pollute  it.  No  fo- 
reign power  will  attack  us.  No  other  war,  I  verily  believe,  will 
be  necessary  for  long  years  to  come.  Paradoxical  as  it  may  ap- 
pear, we  shall  have  fought  ourselves  out  of  war.  We  weue  compa- 
ratively unknown.  Our  flag,  indeed,  was  every  where  the  emblem 
and  the  evidence  of  our  commercial  activity  and  enterprize.  But 
our  power  to  defend  it  was  Utile  understood — 1  might  rather  saj', 
utterly  di>rogarded.  But  the  great  experiment  has  been  made, 
and  we  take  our  acknowledged  rank  among  the  powerful  nations 
of  the  earth.  The  decree  has  gone  lorth,  and  he  who  runs  may 
read  it.  The  entire  political  separation  of  this  continent  from  Eu- 
rope is  not  a  question  of  fact,  but  of  time.  That  event  must  come, 
and  appearances  auger  that  it  will  come  speedily.  We  may  well 
leave  it  to  its  own  lulness  of  time  without  any  improper  interfer- 
ence on  our  part. 

But  we  ate  now  called  upon  to  make  a  practical  application  of 
the  great  principle  1  have  been  considering.  The  condition  of  Yu-, 
calan.  and  the  considerations  connected  with  it,  bring  this  subject 
directly  before  us.  We  can  enlorce  the  doctrine;  but  we  cannot 
enforce  it  without  discharging  the  duties  which  it  brings  with  it. 
And  if  we  do  not  enforce  it,  we  shall  expose  ourselves  to  eternal 
self-reproach  and  to  the  contumely  of  the  world. 

I  have  already  briefly  alluded  to  the  condition  of  Yucatan.  Its 
civilized  population  is  placed,  not  between  the  ocean  and  the 
frowning  baiilements  which  drive  it  back,  and  where  no  human 
being  can  live,  but  between  the  ocean  and  ruthless  barbarians, 
possessing  as  little  mercy  as  the  sea  into  which  they  are  driving 
their  wretched  viciims.  It  is  one  of  those  great  cases  in  human 
affairs  which  override  all  other  considerations.  Yucatan  has  a 
right  to  go  where  she  can,  with  her  sovereignty  in  her  Inind,  and 
demand  pi  otection  from  the  powers  of  the  earth,  and  offer  her  own 
allegiance  in  return  for  it.  She  has  gone  to  England  and  to  Spain, 
and  she  has  come  to  us.  She  prefers  our  action  to  theirs;  but  if 
she  cannot  get  the  one,  she  must  accept  the  other.  As  to  Spain, 
any  effective  aid  or  any  design  of  aggrandizement  is  probably 
equally  out  of  the  question,  and  we  have  England  alone  to  look  to 
in  the  solution  of  the  question  presented  to  us.  If  we  do  not  act, 
will  she  render  the  as>islance  demanded,  and  accept  the  consider- 
ation which  may  accompany  it  ?  That  she  may  do  so,  without 
giving  us  any  just  cause  of  offence  whatever,  and  thus  accomplish 
her  mission  without  being  involved  in  any  controversy  with  us,  is 
too  clear  to  be  called  in  question.  Interest,  therefore,  and  human- 
ity, as  well  as  the  princijilcs   which  from  all  time  have  regulated 


May  10.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


603 


her  political  conduct,  prompt,  her  to  accede  to  the  demands  of  the 
government  of  Yucatan  The  d"istinguished  Senator  from  South 
Carolina  [Mr.  Calhohn']  thinks  she  will  not;  but,  whether  he 
comes  to  this  conclusion  from  the  facts  in  her  past  history  or  from 
the  circumstances  of  her  present  position,  it  seems  to  mo  it  is  er- 
roneous and  unsafe. 

I  shall  not  enter  into  any  review  of  the  system  of  English  acqui- 
sition. I  shall  briefly  allude  to  the  subject,  not  in  the  spirit  of 
censure — ihnugh,  indeed,  there  is  too  often  reason  enoiiah  for  that 
feeling — hut  merely  to  lecall  the  principles  of  her  policy,  and  to 
judge  what  she  will  do  by  what  she  has  done.  The  distinguishetl 
Senator  from  Kentuclty  [Mr.  CaiTrENDEN]  asks,  and  with  some 
emphasis,  what  England  wants  of  such  a  barren  couniry  as  Yuca- 
tan ?  I  nsk  him,  in  return,  what  she  wants  of  such  barren  rocks 
as  Gibraltar,  and  St.  Helena,  and  Aden,  and  all  tho  other  barren 
rocks,  and  islets,  and  positions,  which  she  has  seized  and  now  oc- 
cupies through  the  world  ?  Why,  sir,  they  arc  towers — some  of 
them  watch  towers,  and  others  towers  of  safety — upon  that  wall 
of  circumvallation,  ihusbeantifuUy  designated  the  other  day  by  the 
honorable  Senator  from  Mississippi,  [Mr.  Davis]  with  which  she 
has  surrounded  the  world. 

Mr.  CRITTENDEN.— Will  the  honorable  Senator  allow  me  to 
make  an  inquiry? 

Mr.  CASS.— Certainly. 

Mr.  CRITTENDEN.— Will  the  Senator  be  pleased  to  tell  me— 
for  I  am  uninformed  and  ignorant  upon  this  point — how  near  a  man- 
of-war  or  seventy-four  gun  ship  can  approach  the  promontory  of 
Yucatan  '< 

Mr.  CASS. — I  intended  to  advert  to  the  subject  connected  with 
the  inquiry  of  the  honorable  Senator  in  another  part  of  my  remarks, 
but  I  will  now  anticipate  it.  The  application  of  steam  power  to 
armed  vessels  has  introduced  an  improvement  which  may  occasion 
nn  entire  change  in  naval  warfare.  It  is  difficult  to  foresee  its 
consequences,  or  the  effect  it  may  hereafter  produce.  One  thing, 
however,  is  certain,  that  armed  steam  vessels,  of  a  size  and  draught 
suitable  to  the  navigation  they  are  designed  to  encounter,  will  take 
a  decisive  part  in  naval  operations.  Depots  for  fuel  become,  there- 
fore, of  paramount  necessity  for  commercial  nations.  Without 
them,  their  steam  navigation  will  be  circumscribed  and  inelHcient. 
With  them,  to  furnish  the  supplies  required  to  vessels  as  they  call 
for  them,  the  world  may  be  circumnavigated,  and  steam  power 
every  where  used.  Now,  sir,  we  have  no  places  of  deposit  any 
where  but  at  home,  and  England  has  them  every  where.  She  has 
selected  her  positions  for  that  purpose,  with  that  foresight  which 
marks  her  character  ;  and  she  will  keep  them  at  all  times  supplied 
with  abundance  of  necessary  fuel.  The  advantages  she  will  derive 
from  this  system  of  policy  are  suflicienlly  obvious  ;  and  we  must 
depend  upon  our  energy  to  meet  them  as  we  best  can  when  the 
proper  time  comes.  IVow.  sir,  if  England  pussesses  the  promon- 
tory of  Yucatan  and  the  island  of  Cuba,  she  will  build  steam  ves- 
sels suitable  to  the  harbors  which  may  be  found  there  ;  vessels  of 
a  light  draught  of  water,  but  carrying  a  few  heavy  guns,  and  ca- 
pable of  commanding  the  outlet  of  the  gulf — floating  batteries,  in 
fact,  almost  equal  in  efficiency  to  permanent  batteries,  ready  to  be 
stationed  in  the  narrow  channel,  and  completely  to  command  it. 

Mr.  CRITTENDEN.— The  honorable  gentleman  has  not  an- 
.swered  my  question.  Again  I  would  enquire  whether  there  is  any 
port  in  Yucatan  into  which  a  seventy-four  can  enter  ? 

Mr.  CASS. — I  am  aware,  sir,  that  the  water  in  the  neighbor- 
hood of  Yucatan  is  shallow,  and  there  are  places  where  large  ves- 
sels cannot  approach  within  some  miles  of  the  land.  But  I  re- 
peat, that  this  consideraiion  becomes  comparatively  unimportant, 
when  we  look  to  the  nature  of  the  vessels  which  will  be  employed, 
and  upon  the  protection  they  will  find  even  upon  a  shallow  coast. 

Mr.  CRITTENDEN. — Again  I  ask  the  honorable  Senator,  how 
near  a  seventy-four  gun  ship  can  approach  the  promontory  of  Yu- 
catan ? 

Mr.  CASS. — Mr.  President,  I  cannot  give  a  direct  and  profes- 
sional answer  to  the  question  of  the  honorable  Senator.  Our  maps 
of  Yucatan  are  imperfect  ;  and  how  near  ships-of  theline  can  ap- 

Jiroach  its  coast,  I  do  not  know.  But  I  beg  the  Senator  to  reeol- 
ect  that  no  government  in  its  senses,  possessing  the  point  of  Yu- 
catan and  the  opposite  point  of  Cuba,  would  employ  heavy  ships- 
of-the-line  permanently  to  command  tho  channel  between  them. 
It  would  employ  steam  vessels  of  light  draught,  but  of  great  pow- 
er, which  might  find  protection  in  the  various  inlets  to  be  found 
there.  In  looking  at  the  eastern  point  of  the  promontory  of  Yuca- 
tan, it  will  bo  seen  that  the  island  of  Cosamel  stretches  along  it 
for  some  miles,  with  a  considerable  channel  between  the  island  and 
the  main,  which  has  probably  a  depth  of  water  for  vessels  of  a 
medium  burden,  and  which  would  aflbrd  them  adequate  protection. 
[Since  this  colloquy,  an  official  copy  of  a  recent  British  survey 
of  the  coast  of  the  promontory  has  been  received  at  the  office  of 
the  coast  Survey,  in  this  city,  and  Lieutenant  Porter  has  been 
good  enough  to  furnish  me  with  the  following  memoranda  from  it, 
which  answers  the  inquiries  of  the  Senator  from  Kentucky,  and 
place  in  a  stronger  light  than  I  had  even  anticipated,  the  value  of 
the  points  of  Yucatan  and  Cuba  : 

"Tliere  is  a  tine  harbor  for  any  size  vessels  nnder  the  island  of  Mulieres,  the  east- 
ernmost point  of  Vncatan  ;  anil  it  is  protected  from  the  winds  in  every  direction." 

"Both  llie  harbors  of  Ascension  aud  Spiritu  bay  are  good  ;  the  latter  capable  of 
holding  a  large  fleet  of  the  heaviest  kind  of  English  frigates  and  wei-steamers,  Thcie 
pQtitioiu  may  b«  mftds  to  command  the  ontlet  of  the  gulf,'* 


"There  is  good  anchorage  ofF  tlie  northeast  point  of  the  island  of  Cosatnel  ;  this 
island  appears  on  incorrect  charli  as  'False  Cape,'  but  there  is  no  such  place." 

"Spiritn  bay  wonid  contain  a  hnndred  steamers  of  the  largest  class,  and  any  num- 
ber of  the  smaller  class." 

•■There  is  also  fine  anci!or.ige  at  the  northwest  point  of  the  island  of  Cuba  for  any 
size  vessel — 6  1-2  to  7  fathoms."] 

The  territorial  acquisitions  which  Enuland  has  made  through 
tho  world,  have  been  selected  with  great  sagacity  ;  some  for  the 
purposes  of  power  and  commerce,  and  others  as  positions  where 
her  vessels  can  find  protection  and  be  refitted,  and  where  supplies 
for  their  necessities  can  always  be  found.  She  holds  the  southern 
points  of  four  continents,  and  entire  possession  of  the  fifth.  The 
whole  commerce  of  tho  wnrld  passes  before  her  gates.  The  Falk- 
land Islands,  near  Cape  Horn  give  her  the  cnnimand  of  tho  pas- 
sago  round  our  hemisphere.  The  Cape  of  Good  Hope  gives  her 
an  equal  control  of  the  navigation  of  Southern  Africa.  Aden  is 
the  key  to  the  Red  Sea.  The  southern  points  of  Asia,  Cape  Co- 
raorin,  on  the  east  side  of  the  bay  of  Bengal,  and  the  Malacca, 
cape,  on  the  west,  are  commanded  ;  the  former  by  Ceylon,  and 
the  latter  bv  Singapore  :  and  to  these  she  has  recently  added  a 
part  of  Borneo  and  Labuan,  in  the  Indian  Archipelago.  New  Hol- 
land, in  the  great  Southern  Pacific  Ocean,  is  one  of  her  colonial 
dependencies,  and  its  harbors  are  essential  to  the  navigation  of 
that  region.  Hong-Kong  is  her  foot-hold  upon  the  Chinese  Em- 
pire, equally  available  for  the  purposes  of  commerce  now,  and  ot 
ambiiion  hereafter.  The  rock  of  Gibraltar,  which  frowns  over  the 
entrance  into  the  Meditterranean,  is  at  the  southern  extremity  of 
Europe,  and  has  been  held  by  ner  for  a  century  and  a  half,  to  con- 
trol its  commerce,  and  is  among  the  lust  positions  from  which  she 
will  retreat. 

So  much  for  the  policy  of  England  as  deduced  from  her  conduct. 
If  the  distinguished  Senator  from  Souh  Carolina  draws  his  conclu- 
sion that  she  will  not  interfere  in  the  concerns  of  Yucatan  from  the 
circumstances  of  her  present  position,  I  think  his  views  are  quite 
as  unsafe  as  if  it  were  drawn  from  her  established  system  of  action. 
Certainly  there  is  much  in  her  existing  condition  to  excite  her  own 
solicitude,  and  the  attention  of  the  world.  Tho  honorable  Senator 
from  Connecticut  thinks  she  has  reached,  as  he  says,  her  culmi- 
nating point.  Perhaps  she  has  ;  but  I  shall  not  venture  to  speak 
dogmatically  upon  that  question.  I  leave  to  a  rasher  or  to  a  wi- 
ser man  than  I  am,  to  pronounce  what  is  to  be  her  future  fate.  I 
sincerely  hope  that  the  political  convulsions  which  seem  now  to  be 
shaking  the  frame  of  the  English  government,  if  not  of  English  so- 
ciety, may  pass  away,  leaving  tho  principles  uf  freedom  and  equal- 
ity perfectly  established,  and  those  exclu>ive  privileges  whidi  ele- 
vate the  hundreds  and  press  down  the  millions  forever  abolished. 
To  free  England  from  many  of  the  arbitrary  tendencies  which  pre- 
vail there,  would  be  to  do  more  for  human  liberty  than  almost  any 
other  political  measure  now  to  be  attained.  She  is  yet  the  strong- 
hold of  many  principles  at  war  with  human  happiness  ;  and  if  she 
surrendced  to  the  advancing  spirit  of  the  age,  the  example  w'ould 
exert  a  most  salutary  effect  upon  the  other  nations  ol  Europe. 
But  however  this  may  be,  sir,  England  is  not  to  be  annihilated, 
nor  her  spirit,  nor  intelligence,  nor  energy  destroyed.  She  will 
have  a  government,  be  it  monarchichiai  or  republican  ;  and  she  is 
not  going  suddenly  to  change  the  identity  of  her  character — an  iden- 
tity which  belongs  as  much  to  nations  as  to  individuals — to  relin- 
quish all  her  projects  of  aggrandizement,  and  to  abandon,  without 
effort,  the  high  position  she  holds  in  the  world.  Why,  sir,  repub- 
lics are  as  jealous  of  their  rights,  and  as  firm  in  their  determina- 
tion to  defend  them,  as  the  proudest  monarchies.  Every  school- 
boy can  tell  us  of  the  bright  days  of  Greece  and  Rome,  when 
power  was  exercised  by  all,  and  when  all  were  equally  interested 
in  the  glory  and  prosperity  of  their  common  country.  And  we 
see  the  prevalence  of  the  same  spirit  in  modern  times,  when  Ve- 
nice, anti  Genoa,  and  Holland,  almost  governed  in  succession  the 
commerce  of  the  world,  and  when  the  French  republic  marched 
over  Europe,  prostrating  the  ensigns  of  royalty  in  its  victorious 
career.  The  nations  of  the  old  hemisphere  will  come  out  of  their 
internal  struggles  fitted,  I  trust,  to  enjoy  free  institutions,  and  pre- 
pared to  maintain  them,  and  determined  to  be  rivals  henceforth—, 
not  in  war,  but  in  intelligence,  in  industry,  and  in  productiveness. 

In  recalling  the  history  of  English  territorial  acquisition,  I  do 
not  recollect  one  in  the  long  list — except,  perhaps,  Scotland,  which 
was  joined  to  her,  or  rather  which  she  joined  by  succession — which 
was  not  made  by  the  sword.  AntI  is  it  probable  she  would  reject 
one,  if  peacefully  and  voluntarily  offered  to  her  ?  When  did  she 
put  aside,  even  with  the  affectation  of  covness,  the  crown  of  ter- 
ritorial aggrandizement  ?  When  did  she  say  A''o/o  episcopari,  with 
the  mitre  within  her  reach  ?  And  think  you,  sir,  that  she  will 
commence  her  career  of  moderation,  when  the  functions  of  con- 
queror and  protector  can  be  united  without  guilt  and  without  re- 
proach— when  she  can  gratify  at  once  her  ambition  and  her  phi- 
lanthropy— and  when  the  same  act  will  elevate  her  character  and 
extend  her  dominion  ?  To  believe  all  this,  is  to  reject  the  lessons 
of  experience  and  the  motives  of  human  conduct,  whether  personal 
or  national.  History,  we  are  told,  is  philosophy  teaching  by  ex- 
ample. If  the  examples  of  aggrandizement  in  tho  history  of  Eng- 
land, furnished  by  her  conduct  under  ever-varying  circumstances, 
and  too  often  with  an  utter  disregard  of  the  dictates  ol  justice  and 
the  opinion  of  the  world,  do  not  teach  us  the  philosophy  of  her 
past  action,  and  the  probability  of  her  future,  we  may  as  well 
close  the  records  of  human  experience,  and  abandon  events  to  the 
doctrine  of  chances,  seeking  neither  to  control  nor  direct  them.  I 
think,  sir,  we  might  have  safely  arrived  at  the  conclusion,  even 
prior  to  this  debate,  that  Yucatan  would  not  apply  to  England  for 
assistance  in  vaia.  unless  there  were  controlling  circumstances  to 


604 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Wednesday, 


forbid  her  interference.  But,  as  if  to  rebuke  us  for  any  doubt  upon 
the  subject,  since  tliis  discussion  coramenred,  it  has  been  ascer- 
tained tlint  at  least  four  companies  of  British  troops  have  marched 
into  the  Yucatan  country  from  Balize.  This  is  the  act  of  the 
colonial  authority  ;  and  the  movement  uself  is  not  sufficient  to  ex- 
cite any  apprehensions  as  to  ulterior  desicrns.  But  it  is  one  of  the 
signs  of  the  times,  and  shows  pretty  cleaily  that  the  colonial  jjo- 
vernment  expected  support  at  home.  What  the  several  West  In- 
dia governments  may  do,  is  not  known.  If  they  Ibllow  the  same 
course,  a  formidable  force  may  be  collected  in  Yucatan.  Now.  I 
do  not  undertake  to  say  what  the  English  government  will  do  un- 
der exisling  circumstances,  Much  may  depend  upon  considera- 
tions, both  external  and  inlernal.  not  to  be  appreciated  here.  The 
honorable  Senator  from  Conneciieut  asks  if  we  could  complain, 
should  England  grant  the  assistance  which  we  refuse  ?  Certain!)' 
not,  sir,  and  it  is  this  very  view  of  the  matter  which  excites  my 
solicitude.  I  have  no  belief  that  England,  at  this  moment,  when 
the  waters  around  her  are  all  troubled,  would  take  possession  of 
Yucatan  by  force.  But,  invited  there  by  the  Yucatese  people,  un- 
der a  pressing  emergency,  she  has  a  right  to  go  there — ami  to  re- 
main there,  too,  if  she  will — as  a  proper  consideration  for  her  ser- 
vices. 

I  now  come,  Mr.  President,  to  other,  and  perhaps  graver  con- 
siderations, direcily  or  indirectly  involved  in  this  (lucsiion.  The 
gulf  of  Mexico  is  the  resorvoir  of  the  great  river  ol  the  North  Ame- 
rican continent,  whose  importance  is  as  difficult  to  realize,  as  it  is 
the  value  of  the  country  which  must  seek  an  outlet  lo  the  ocean 
through  its  waters.  That  country  is  nearly  equal  to  all  Europe 
in  extent,  embracing  twenty-five  degrees  of  latitude  and  thirty- 
five  of  longitud'e  upon  the  great  circles  of  the  globe.  This  vast 
basin  extends  from  the  summit  of  the  Alleghany  to  the  summit  of 
the  Rocky  mountains,  and  its  population  now  equals  eight  mil- 
lions. The  man  yet  lives  W'ho  was  living  when  almost  the  first 
tree  fell  before  the  woodman's  stroke  in  this  great  domain,  and  the 
man  is  now  living  who  will  live  to  see  it  contain  one  hundred  mil- 
lions of  people.  Already  the  hardy  western  pioneer  has  crossed 
the  barrier  of  the  Rocky  mountains,  and  the  forest  is  giving  way 
before  human  industry  upon  the  very  shores  that  look  out  upon 
Cnina  and  Japan.  The  Mississippi  is  the  great  artery  of  this  re- 
gion J  which,  drawing  its  sujiplics  from  the  fountains  of  the  north, 
pours  tiiem  into  the  ocean  under  a  tropical  sun,  and  drains,  in  its 
own  course,  and  in  the  course  of  its  mighty  tributaries — tributa- 
ries in  name,  but  equals  and  rivals  in  fact — the  most  magnificent 
empire  which  God,  in  his  providence,  has  ever  given  to  man  to  re- 
claim and  enjoy.  I  have  myself  descended  that  great  stream  two 
thousand  miles  in  a  birch  canoe,  admiring  the  country  throuah 
■which  it  parses  in  a  state  of  nature,  and  lost  iu  the  conlemplation 
of  what  that  country  is  to  be  when  subdued  by  human  industry. 
The  statistics  of  such  a  r.^gion  in  years  to  come  is  a  subject  too 
vast  for  calculation.  ]ts  extent,  fertility,  salubrity,  means  of  in- 
ternal naviijalion,  and  the  character  of  the  people  who  will  inhabit 
it,  baffle  all  clTorts  to  estimate  its  prndnctiveness,  the  tribute  which 
its  industry  will  pay  to  the  wants  of  ihe  world,  and  the  supplies 
which  the  comlort  and  habits  of  its  people  may  require. 

During  the  palmy  days  of  Napoleon,  it  is  said,  that  one  of  his 
projects  was  to  convert  the  Mediterranean  into  a  French  lake. 
England  has  nearly  done  what  defied  the  power  and  ambition  of 
the  great  conqueror.  She  has  almost  converted  it  into  an  E-iglish 
lake  in  time  of  war.  Gibraliar  commands  its  entrance.  Malta  the 
channel  between  Sicily  and  AlVica,  and  [he  Ionian  Islands  the  wa- 
ters of  the  Levant.  There  were  cood  reasons  for  believing,  a  short 
time  since,  ihat  England  was  seeking  to  obtain  a  cession  of  the  is- 
land of  Crete,  the  ancient  kingdom  of  Minos,  which  would  give 
her  the  port  of  Canea,  that  I  lound  one  of  the  most  magnificent 
harbors  in  the  world,  equally  capacious  »nd  secure.  If  Englard, 
in  the  pursuit  of  the  same  systnn,  should  acqujre  similar  com- 
manding positions  on  ihe  Gulf  of  Mexico,  that  great  reservoir 
woul.l  become  a  mare  clausnm,  and  no  keel  would  plough  it,  nor 
canvass  whiien  it  ill  time  of  war,  but  by  her  permission.  Now, 
sir,  looking  to  the  extent  of  our  (oast  in  that  direction — to  the 
pr-iduciions  which  must  pass  there  to  seek  a  market — to  the  na- 
ture of  our  population — and  to  the  cfTeet  upon  all  these,  which  a 
permanent  naval  superiority  would  produce — where  is  the  Amer- 
ican who  is  not  prcp.ired  to  adopt  any  measures  to  avert  such  a 
calamitous  state  of  thinus  ?  Who  can  fail  to  see  the  nature  of  the 
predatory  warfare  which  England  wonid  carry  on,  in  all  limes  of 
liostiliiics,  from  her  varions  positions,  which  would  encircle  the 
Gulf,  from  the  Balmmas  to  Cuba  and  to  Yucatan  ?  And  who  can 
also  fail  to  see  that  even  in  time  of  peace,  her  many  harbors  would 
become  places  of  refuge  for  a  certcin  class  of  our  population,  and 
that  pcrpt'iual  collisions  would  occur,  involving  tlic  peace  of  the 
two  countries  ? 

The  Gulf  of  Mexico,  sir,  must  bo  practiciilly  an  American  lake 
for  the  great  purpf>so  of  security — not  to  exclude  other  nations 
from  its  enjoyment,  hut  to  prevent  any  dominant  power,  with  for- 
eign or  remote  interests,  from  controlling  its  navigation.  It  he- 
comes  us  10  look  our  dillicultics  in  the  face.  Nothing  is  gained  by 
blinking  a  great  question.  Prudent  statesmen  should  survey  it; 
as  far  as  may  he,  provide  for  it.  Wo  have,  indeed,  no  Mount 
Carmel,  like  that  of  Judea,  nor  prophet  to  ascend  it,  and  to  warn 
us  against  a  coming  storm.  But  the  home  of  eveey  citizen  is  a 
Mount  Carmei  for  us,  whence  he  can  survey  the  approaching  cloud, 
oven  when  no  bigger  than  a  man's  hanp,  which  threatens  to  over- 
spread I  he  political  atmosphere,  and  lo  burst  in  danger  upon  his 
country.  It  should  be  a  cardinal  principle  in  our  policy,  never  to 
be  losl'sighl  uf,  that  the  command  of  tUe   Gulf  of  Mexico  must 


never  pass  into  foreign  hands.  Its  great  geographical  features  in- 
dicate at  once  our  safety  and  our  danger.  From  the  southern  point 
of  Florida  to  Yucatan,  the  chord  of  the  arc  does  not  probably  ex- 
ceed two  hundred  and  fifty  miles — a  shorter  distance  than  that 
from  Yucatan  to  Vera  Cruz.  From  the  southern  point  of  Florida 
to  Cuba,  it  is  not  more  than  forly  miles;  and  from  the  western 
extremity  of  Cuba  to  the  peninsula  of  Yucatan,  it  is  not  more  than 
sixty  miles.  These  two  outlets — the  latter  into  the  Caribbean  sea, 
and  the  former  into  the  Atlantic  ocean — do  not,  therefore,  exceed 
one  hundred  miles  in  their  united  width,  and  together  make  the 
exit  and  entrance  of  the  Gulf.  Opposite  the  mouth  of  the  Missis- 
sippi, is  the  noble  harbor  of  Havana,  almost  within  sight  of  which 
the  whole  commerce  of  the  gulf  passes.  England  has  already 
got  the  Bahama  Islands,  with  the  port  of  Nassau,  and  other  posi- 
tions. So  long  as  Cuba  and  Yucatan  are  held  by  their  present 
possessors,  neither  we  nor  the  commercial  world  have  anything  :o 
fear  from  English  projects,  whatever  they  may  be.  But  let  their 
dominion  be  translerred  to  England,  and  where  are  we  ?  The 
mouth  of  our  great  river  might  at  any  time  be  hermetically  sealed, 
and  the  most  disastrous  injuries  inflicted  upon  us.  One  important 
step  iu  the  command  of  the  outlet  of  the  Gull  of  Mexico  she  has 
already  taken  by  the  possession  of  the  Bahamas.  If  she  gets 
peaceable  possession  of  Yucatan,  by  our  remisness,  she  will  have 
taken  the  second.  Cuba  may  be  the  last.  I  will  ask  the  distin- 
gnislud  Senator  from  South  Carolina  if  he  would  advocaie  the  in- 
terference of  this  country  by  force,  if  England  were  attempting  by 
force  to  take  possession  of  Yucatan?  And  if  he  vould — as  I  be- 
lieve he  would — how  can  he  consent  to  permit  her  to  do  peacefully 
what  we  may  peacefully  prevent  ?  I  have  already,  sir,  allnded  to 
the  effects  which  steam'navigation  is  to  produi-e  upon  the  commer- 
cial and  military  marine  of  the  world,  and  the  various  harbors  and 
inlets  of  these  possessions  would  be  rendezvous  whence  armed 
steam-vessels  would  issue  to  prey  upon  our  commerce,  to  close  the 
gi  eat  channels  of  communication,  or  to  carry  on  marauding  expe- 
ditions against  our  coast.  England  has  recently  extended  her  pos- 
S'SSKHS  scu  h  of  Balize,  by  the  acquisition  of  Indian  territory.— 
The  honorable  Senator  from  New  York,  [Mr.  Dix,]  brought  ibis 
subject  before  us  some  time  since,  and  exposed  the  details  of  her 
tortuous  policy.  The  Mosquito  king,  as  he  is  called — the  chief  of 
a  tribe  of  Indians  occupying  a  portion  of  the  coast — somehow  or 
other  passed  under  English  pupilage.  It  is  said  that  he  made  the 
Queen  his  residuary  legatee,  and  ihus  the  country  and  its  inhabi- 
tants have  gone  to  increase  the  dominion  of  England.  A  cheap 
mode,  this,  of  acquisition — much  more  economical  than  Indiau 
councils,  Indian  presents,  and  Indian  annuities. 

Mr.  President,  many  of  the  great  principles  of  national  action 
depend  on  existinir  circumstances.  There  are  few  mere  questions 
of  abstract  right  in  the  intercourse  of  nations.  Peaceable  acqui- 
sition of  territory,  or  acquisitions  in  a  just  war,  can  give  no  of- 
fence unless  to  nations  whoso  safety  ihey  endanger.  Where  this 
is  the  case,  they  may  be  protested  against,  or  resisted,  if  neces- 
sary. It  is  a  question  which  each  nation  must  judge  for  iisell,  and 
upon  its  own  responsibility,  but  one  which  it  ought  to  udge  fairly. 
Much  of  the  public  law  of  the  world  is  founded  upon  ihis  principle 
of  safety,  and  the  elementary  works  abound  with  its  illustratians. 
Traces  of  it  are  to  be  found  in  all  the  questions  about  the  balance 
of  power  in  Europe;  in  the  disputes  concerning  Malta,  and  Al- 
giers, and  Belgium,  and  many  other  subjects  which  have  engaged 
the  attention  of  governments  and  formed  the  labors  of  diploma- 
tists. Its  perversion  has,  no  doubt,  led  to  abuses,  as  has  the  per- 
version of  many  other  principles;  but  us  foundation  rests  in  the 
nature  of  things.  Self-defence  is  as  incident  to  communities  as  to 
individuals,  and  a  provident  forecast  requires  us  to  wnlch  any 
dangeroHs  projects  of  domination,  and  to  provide  for  them  as  we 
can.  I  repeat,  that  a  nation  under  these  circumstances  must  judge 
for  itself.  Proximity  of  situation,  the  nature  of  the  intercom  so 
resulting  from  it,  commanding  positions  to  do  injury,  and  other 
considerations,  are  all  elements  to  be  taken  into  view.  In  my  opin- 
ion, we  owe  it  to  ourselves  to  avow  distinctly  to  the  world,  that 
the  attempt  to  procure  the  transfer  of  Cuba  from  Spain  to  any 
other  nation,  whether  peaceably  or  forcibly,  would  be  rcslstea  by 
the  wlnde  power  of  this  country.  To  others,  it  may  be  a  question 
of  territorial  agurandizement,  or  of  mercantile  cupidity;  but  to  us, 
it  is  a  question  of  necessity,  I  had  almost  said,  of  poliiical  life  or 
death.  It  would  become  ihe  gate  to  close  the  great  river  of  ■  ur 
country.  The  waters  of  ihat  river,  thereafter  as  heretofore,  would 
reach  the  gulf,  but  its  commerce  would  never  reach  the  ocean. 
The  distinguished  Senator  from  Kentucky  says,  that  while  wo  re. 
proach  tiic  ambition  of  England,  we  go  on  acquiring,  and  asks 
where  we  shall  stop,  I  do  not  know  where  we  shall  wc  shall  stop. 
Thai  decree  is  probably  not  yet  written.  But  we  seek  no  uo- 
qiusition  which  can  injure  England,  and  we  desire,  in  turn,  that 
slie  should  seek  none  which  will  injure  us. 

The  principles  involved  in  this  system  of  policy  have  already 
been  asserted  and  acted  upon  by  the  Unilcd  States.  They  will  be 
found  in  the  proceedings  respecting  Florida,  in  the  acts  of  Con- 
gre.'-s  of  loth  January'  1><11.  of  March  3.  1811,  and  of  February 
3,  1S13.  It  was  then  declared  that  the  inHueiice  which  the  destiny 
of  territory  adjoining  the  United  States  may  have  upon  their  se. 
curity,  tranquilliiy,  and  commerce,  is  a  just  moiive  for  interference; 
"and  that  the  United  States  cannot  see  any  part  of  the  territory 
pass  into  the  hands  of  any  foreign  power;  and  that  a  due  regard 
to  their  own  safety  compels  them  to  provide,  under  certain  coniin- 
gencles.  for  the  lemporary  occupation  of  the  said  country." 

I  understand  from  one  of  our  associates  in  this  body,  who  is  not 
likely  to  be  deceived,  that  either  in  the  biogr»pby  of  Mr.  Jeff«r< 


May  10.1 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


605 


son,  or  in  his  correspondence,  similar  views  are  expressed  by  him 

respecting  the  condition  and  importance  of  Cuba,  and  the  interest 
which  tlie  United  States  have  in  its  ultimate  fate.  I  liave  not  had 
time  to  ascertain  the  fact  by  refeicnce  to  tlie  works  referred  to. 
If  it  is  so,  it  is  but  one  proof  the  more  of  tlie  sagacity  of  that 
great  patriot  and  statesman,  and  of  the  decision  of  character  which 
marked  his  course  through  life.  I  have  run  my  eye,  however,  over 
his  correspondence  on  the  subject  of  Florida,  and  I  find  the  true 
doctrine  enunciated  and  defended  there,  as  distinctly  as  it  is  as- 
sorted in  the  acts  of  Congress  I  have  quoted,  and  which  received 
the  sanction  of  his  friend  and  successor,  Mr.  Madison. 

I  trust  that  the  intrigues  of  no  nation  will  ever  compel  us  to 
take  forcible  possession  of  Cuba.  But  it  seems  to  me  that  the 
more  the  subject  is  examined,  both  here  and  in  Spain,  the  more 
obvious  it  will  be,  that  it  is  the  interest  ef  both  countries  that  the 
island  should  be  ceded  to  us  for  a  reasonable  consideration.  But 
the  details  of  such  a  question  are  better  fitted  for  diplomatic  ar- 
rangement than  for  legislative  discussion.  I  shall,  therefore,  not 
enter  into  them  here,  contenting  myself  with  expressing  the  hope 
that  the  whole  suLiject  will  not  fail  to  engiige  the  attention  of  every 
existing  administration  till  a  successful  result  is  obtained  Such 
negotiations  are  delayed  or  hastened  by  the  condition  of  things  in 
Europe,  and  by  events,  which  though  they  cannot  be  foreseen,  yet 
exert  a  decisive  induence  when  ihey  occur.  And  our  Executive 
should  be  ready  to  give  to  these  a  proper  direction. 

Unfortunately  for  the  stability  of  the  Spanish  monarchy,  for  al- 
most  a  century  and  a  half — since  the  death,  indeed,  of  the  last 
king  of 'the  house  of  Austria — Spain  has  been  convulsed  by  ques- 
tions of  succession  and  by  family  difficulties,  which  have  exhausted 
her  power  and  almost  ruined  her  pros|erity.  The  vast  empire 
acquired  by  the  romantic  but  barbarous  exploits  of  Cortez  and 
Pizarro  and  Almagro,  has  fallen  to  pieces,  and  but  a  fragment  of 
it  remains — a  sad  memorial,  as  it  were,  of  departed  greatness. 
The  jewels  in  her  crown  have  been  reft  from  it,  and  it  has  lost  all 
its  splendor.  Looking  at  the  present  condition  of  Spain,  there  is 
no  reason  to  liope  that  the  difficulties  immediately  before  her  are 
less  grave  than  those  she  has  passed  through.  Internal  tranquil- 
lity seems  yet  far  off,  and  external  circumstances  are  equally  un- 
favorable. The  disposition  of  the  few  colonial  ilependencies  she  yet 
retains  will  come  n\)  for  discussion  every  time  she  is  involved  in  a 
domestic  or  a  foreign  war.  The  fate  of  the  island  of  Cuba  will 
be  thus  uncertain,  to  its  own  injury  and  to  our  danger. 

Doubts  have  been  expressed  here  as  to  the  designs  of  England 
upon  Cuba.  Well,  sir,  we  have  no  direct  evidence  upon  that  sub- 
ject, nor  can  we  expect  to  have  it.  England  is  wary  in  her  ne- 
gotiations; and  they  have  often  become  known  but  by  their  consum- 
mation. But  rumors — those  precursors  of  coming  diplomatic 
events — have  prevailed  for  many  years  that,  she  entertained  this 
design,  and  they  have  been  firmly  believed  both  in  Europe  and  in 
this  country.  It  has  been  repeatedly  said  that  she  had  demanded 
the  island,  either  in  absolute  conveyance,  or  as  a  mortgage  for  the 
payment  of  the  debts  due  to  her  people:  and  also  to  satisfy  the 
ulauiis  she  herself  liad  iVn*  the  expenditures  made  on  account  of 
Spain  in  her  great  struggle  with  Napoleon  These  rumors  have 
been  credited  by  our  own  government;  and,  in  1S40,  during  Mr. 
Van  Buren's  administration,  Mr.  Forsyth,  who  then  presided  over 
the  Department  of  State,  so  honorably  for  himself,  and  so  usefully 
for  his  country,  called  the  whole  subject  to  the  attention  of  our 
diplomatic  agent  at  Madrid.  He  stated  the  conviction  that  these 
elibits  had  more  than  once  been  made;  and  then  bringing  to  the 
notice  of  our  chargfi  the  great  importance  of  Cuba  to  the  United 
States,  and  to  their  indisposition  to  see  it  transferred  to  any  other 
power,  he  directed  him  to  make  proper  representations  to  the 
court  of  Madrid  upon  the  suliject. 

Mr.  CASS. — More  recently,  sir — indeed,  during  the  present 
session  of  Congress — a  discussion  arose  in  the  British  House  of 
Commons,  contiriTiing  all  the  rumors  to  which  I  have  alluded,  and 
which  may  well  excite  our  apprehensions,  and  call  upon  us  lor 
decisive  action.  On  the  4th  of  February  last  Lord  George  Ben- 
tinck,  one  of  the  principal  statesmen  of  England,  and  the  leader  of 
the  Tory  parly  in  the  House  of  Commons,  in  a  discussion  ou  the 
slave-trade,  said  : 

"He  hntl  read  in  the  Times  an  extract  from  a  United  States  paper,  in  whicli  it  waa 
ttated  ihiil  ifilie  Tnited  Slates  did  not  possess  her^elfof  Cuba.  Great  Britain  would  ; 
and  that  England  had  a  greater  claim  by  one  hnndred  fold  to  Cuba  than  the  Uuited 
Slates  liad  to  Mexico,  because  a  sum  ol'  X4.5,UUO.00O  was  due  to  Rrilisti  subjects,  and 
Cuba  was  hvpoiliecated  for  ilie  debt,  ice.  He  would,  tlierefore.  say  at  once.  let  them 
take  possession  of  Cuba,  and  settle  the  question  altogether;  let  them  distrain  upon  it 
for  the  just  debt  due— and  loo  long  in  vain — irom  the  Spanish  government," 

He  added  : 

"They  would  put  an  end  to  the  slave-trade  U'  they  could  emancipate  tlie  slaves  of 
Cub;.," 

Credat  Jud<sus  jlppella.  Let  him  who  -will,  believe  that  any 
motive  of  philanthropy  enters  into  this  system  of  policy.  The 
cloven  foot  peeps  out  below,  where  the  speaker  says  : 

"Then  depend  upon  it.  w-lien  Great  Britain  possessed  the  Havana,  as  once  she  did 
in  ITCii.  when  she  held  it  lor  about  a  year,  and  then  exchanged  it  for  the  Floridas, 
and  wuliN  SHK  covLD  ciT  THE  TRADE  OP  .-\mi:rica  IN  TWO,  no  more  boasts  would 
be  heaid  of  what  the  United  Slates  could  do,"  hiz. 

These  are  plain  thoughts,  sir,  and  plainly  spoken,  and  spoken 
by  a  high  man  in  a  high  place. 

Mr.  CALHOUN.— The  design  was  disavowed  by  the  British 
minister. 

Mr.  CASS. — I  do  not  find  it  so,  sir.  y7bat  the  Brkish  minister 
said  was  anything  but  a  disavowal.    Here  it  is— all  £e  said  upon 


this  subject.     The  speaker  is  the  Chancellor  of  the  Exchequer,  the 
organ  of  the  British  cabinet  upon  subjects  of  commerce  : 

•'Neither  did  he  propose  to  follow  his  noble  friend  through  his  arguments  in  support 
of  the  proposition  that  we  should  foreclose  ujioii  Cuba,  and  take  possession  of  thai 
dependency  as  a  lien  for  the  benefit  of  the  Spanish  bondholders." 

Mr.  CALHOUN. — There  is  somewhere  a  more  direct  disa- 
vowal. 

Mr.  CASS. — I  cannot  find  it,  sir,  and  I  think  the  Senator  from 
South  Carolina  is  in  error.  But  it  matters  little  whether  it  is  so 
or  not.     Formal  disavowals  cost  but  little,  and  prove  nothing. 

Mr,  CALHOUN, — Lord  George  Bentinck  is  not  a  member  of 
the  British  cabinet,  nor  is  he  at  the  head  of  the  tory  party, 

Mr,  CASS. — I  know  he  is  not  in  the  cabinet,  sir  ;  but  he  cer- 
tainly leads  the  tory  interest  in  the  House  of  Commons,  and  speaks 
the  sentiments  of  a  large  portion  of  the  English  politicians.  My 
object  is  to  show  that  the  acquisition  of  Cuba  is  one  of  the  objects 
of  British  policy.  And  I  certainly  do  show  it,  when  I  show  that 
the  project  is  distinctly  avowed  and  recommended  by  a  leading 
member  of  the  House  of  Commons,  exertins  a  powerful  influence 
over  one  "of  the  two  great  parties  into  which  the  country  is  divi- 
ded, and  who,  in  the  mutation  of  English  politics,  may  be  prime 
minister  to-morrow. 

Mr.  WESTCOTT.— If  the  Senator  from  Michigan  will  permit 
me,  I  desire  to  make  one  or  two  remarks  touching  this  part  of  the 
subject. 

Mr.  CASS.— Certainly. 

Mr.  WESTCOTT.— When  interrupted  on  the  day  before  yes- 
terday, by  the  honorable  Senator  from  South  Carolina  [Mr.  Cal- 
houn,] upon  ray  quoting  Lord  Bentinck's  speech  of  the  3d  of  Fe- 
bruary last,  with  a  declaration  by  that  distinguished  Senator,  that 
the  newspaper  press  of  this  country  had  improperly  suppressed  an 
emphatic  and  decided  rebuke,  or  disavowal,  by  the  British  minis- 
ter, in  his  place  in  the  House  of  Commons,  of  Lord  George's  sug- 
gestions, I  had  not  at  hand  the  newspaper  from  which  I  had  copied 
the  part  I  quoted.  That  paper  was  the  leading  tory  paper  in 
England — the  "  London  Times,"  of  the  4th  of  February  last.  I 
had  seen  in  the  same  paper  the  observation  made  by  Sir  Charles 
Wood,  the  Chancellor  of  the  Exchequer,  in  reference  to  that  part 
of  Lord  George's  speech,  which  the  Senator  from  Michigan  has 
just  read  ;  and,  as  I  then  stated ,  I  should  have  adverted  to  it  in  the 
next  sentence  I  uttered.  I  did  not,  and  do  not  now,  regard  the 
observation  of  the  Chancellor  of  the  Exchequer  as  very  strong  or 
decided  ;  and,  in  fact,  I  considered  it  rather  an  equivocal  dissent 
from  the  suggestions  of  Lord  George.  After  the  declaration  of 
the  Senator  from  South  Carolina,  in  the  pointed  terms  ujed  by 
him,  I  was  apprehensive  that  I  had  overloiked  some  part  of  the 
speech  he  referred  to.  and  I  again  read  the  report  in  the  newspa- 
per. The  debate  in  the  House  of  Commons  on  the  3d  of  Februa- 
ry, as  reported  in  the  "  Times"  of  the  4th  of  February,  and  as 
continued  on  the  4th,  and  reported  in  the  '•  Times"  of  the  5th, 
from  the  character  of  the  reports,  and  particularly  those  of  the 
debate  of  the  4th,  reported  on  the  5th,  (most  of  them  being  full  of 
statistics  and  calculations,)  it  is  apparent  the  reports  were  furnish- 
ed or  corrected  by  the  speakers  themselves.  Excepting  a  remark  of 
another  member  towards  the  close  of  the  debate,  [Mr.  Labou- 
chere]  on  the  4th,  when  Lord  Georce's  resolution  was  adopted. 
I  find  the  sentence  quoted  from  the  Chancellor  of  the  Exchequer, 
and  one  other  to  the  same  effect,  is  the  only  part  of  the  debate  re- 
ferring to  the  suggestion  as  to  Cuba  by  Lord  George.  I  think  it 
is  by  no  means  an  explicit  disavowal  by  the  British  government  of 
not  having  any  intention  to  acquire  Cuba  ;  but  rather  a  di.-sent  as 
to  tlie  mode  and  means  suggested  by  Lord  George  of  acquiring  it. 
So,  the  other  notice  of  Lord  George's  suggestion,  that  I  have  re- 
ferred to,  applies  only  to  the  mode  proposed.  I  firmly  believe  the 
British  government  intend  to  have  Cuba,  and  Yucatan,  and  Porto 
Rico,  if  they  can  get  them  ;  and  one  great  reason  is,  that  the  pos- 
session of  either  will  aid  them  in  carrying  out  their  hostile  schemes 
with  reference  to  the  United  States,  as  avowed  by  Lord  George 
Bentinck.  I  only  desire  to  set  myself  right  in  this  matter,  and 
Lord  George  Bentinck's  speech  may  now  pass  for  what  it  U 
worth. 

But,  Mr.  President,  in  self  justification, for  venturing  to  express 
the  opinion  I  entertain,  as  to  the  designs  of  Great  Britain,  I  will 
refer  to  some  other  evidence.  It  is  ol  high  authority.  It  is  a  let- 
ter written  by  the  honorable  Senator  from  South  Carolina,  then 
Secretary  of  Stale,  written  in  1S44,  to  William  R.  King, 
our  minister  to  France.*  I  will  give  extracts  when  I  publish 
these  remarks.     I  would  call  the  special  attention   of  the  Senate, 

*  Extracts  from  Sifr.  Calhoun's  Letter  to  .Mr.  KiJtil,  dated  Jivffust  12.  1844. 

After  relerring  to  the  interference  of  England  and  France  against  the  annexation  of 
Texas,  and  urging  that  the  wilderness  lying  between  Mexico  and  the  British  posses- 
sions, it  is  our  "desliny  t.i  occupy,"  S:c,,  by  a  "peaceful"  system  of  "accession," 
&c..  and  after  deprecating  acquisition  by  conquest,  the  Secretary  ^if  Slate  proceeds  to 
say  of  this  system,  iic-,  as  follows: 

"  If  it  should  not  be  resisted  in  its  course,  it  will  probably  fulfil  its  destiny,  withont 
disturbing  our  neighhois  or  putting  in  jeopardy  the  general  peace  ;  "aut  if  it  he  opposed 
by  foreign  interference,  a  new  direction  would  be  given  to  our  energy,  much  less  ta- 
voiable  to  harmony  with  our  neighbors  tnd  to  the  general  peace  of  the  world.  Tha 
change  would  be  undesirable  to  us,  and  much  lessin  accord  with  what  I  has-e  assum- 
ed to  he  primary  objects  of  policy  on  the  part  of  France,  En£!and.  and  .Mexico. 

"  But,  to  descend  to  particulars,  it  is  certain,  that  while  England,  like  France,  d«- 
sires  the  independence  of  I'exas,  with  Uie  view  to  commercial  connexions,  it  is  not  ItM 
so  that  one  of  the  leading  motives  of  England  tor  desir.ng  it  is  ihe  hope  that,  through 
her  dtplvmacii  and  tvfiunxce,  ixe^o  slavery  may  be  aboliahed  there,  and  ultimately, 
bv  conteijueit'ce.m  the  United  States  and' throughout  the  ichole  of  this  continent. — 
thai  iIJ  Kittmatc  abolilim  Uimelumt  the  cnttrt  cmlincnt  is  an  i^«(  trinliy  if 


606 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Wednesay, 


and  of  the  country,  to  that  letter.  In  it  the  Senator  from  South 
Carohna  refers  to  Lord  Aberdeen's  impudent  avowal ,  that  the  BrJ- 
tish    government  desired   that  slavery  should  he  abolished  on  this 

sired  by  her,  we  have  derisitie  proof  in  the  declaration  of  Vie  Earl  of  .Aberdeen,  deli- 
vered to  this  department  and  of  which  you  vill  find  a  copy  among  ihe  documents 
iransoiitted  to  Conpress  witli  llie  Texan  ireaty  ;  that  she  desires  its  abolition  in  Texas, 
and  has  nsed  her  mtluenoe  and  diplomacy  lo  eftei-t  it  there,  the  same  document,  with 
the  correspondeQce  of  this  department  with  Mr.  Pakenham,  also  to  he  found  among 
the  dot-nments,  furnishes  proof  not  less  conclusive  ;  that  one  of  the  objects  of  nbolish- 
■ijtsr  It  there  is  to  fanlttate  tts  abolition  in  the  United  States  and  throittrhout  the  con- 
tinent, is  manifest  from  the  declaration  of  the  abolition  parti/  and  sociefif'S.  both  in 
this  country  and  Entjland.  In  fact,  there  is  good  reason  to  believe  thai  the  si-lieme  of 
abohshing  it  in  Texas,  with  the  view  lo  its  abolition  in  the  LJnited  Slates  and  over  the 
ooDtment.  originated  with  the  prominent  nienihers  of  the  party  in  the  United  Stales, 
and  was  first  broached  by  ibem  in  the  so-ealleil  world'sconvention.  held  in  London  in 
the  year  1840,  and  thiough  its  ugency  brought  to  tlie  notice  of  tiie  British  government." 

"  It  ')s  too  late  in  the  dav  to  contend  that  humanity  or  pliilantiiropy  is  the  great  ob- 
jeot  of  the  pohcy  of  England  in  attempting  to  abolish  African  slavery  on  this  con- 
tinent. I  do  not  question  but  humanity  may  have  been  one  of  Iier  leading  mo- 
tives for  I  he  ahohtioo  of  the  African  slave  trade,  and  that  it  may  have  had  a  conside- 
titble  influence  in  abolishing  slaven,-  in  her  West  India  possessions,  aided,  indeed,  by 
the  fallacious  caloolation,  that  the  labor  of  the  negroes  would  be  at  least  as  profitable, 
if  not  more  so,  m  consequence  of  the  measure.  She  acted  on  the  principle,  that  tro- 
pical products  can  be  produced  cheaper  by  free  Alricau  labor  and  Kast  India  labor 
than  by  slave  labor.  She  knew  full  well  the  value  of  such  products  lo  her  commerce, 
oavigation,  navy,  inanufsctures,  revenue,  and  power.  She  was  not  ignorant  that 
lh«  support  and  maintenance  of  her  political  preponderance  depended  on  her  tropical 
pOMession*,  and  had  no  intention  of  diminishing  their  productiveness,  nor  any  aotici 
pation  that  such  would  be  the  etlect.  when  the  scheme  of  abolishing  slavery  in  her 
(■olonial  posfessions  was  adopted.  On  the  contrary,  she  calculated  to  combine  phi- 
lanthropy with  protlt  and  power,  as  is  not  unusual  with  fanatic  sm.  F.xperiencp  has 
convinced  her  of  the  fallacy  of  her  calculations.  She  lias  failed  in  all  her  object*.— 
The  labor  of  her  negroes  has  jiroved  lar  less  productive,  without  affording  tlie  conso- 
lation of  having  improved  their  cooditmn." 

And,  then,  aftei  proving  by  his  statistical  statemenfB,  from  Knghsli  publications, 
that  the  result  of  abolition  liad  been  ruinous  to  British  interests,  he  proceeds  : 

"Tills  is  seen  and  felt  by  British  statesmen,  and  liiis  opened  their  eyes  lo  the  errois 
which  they  have  conimitted.  The  (|ueslion  now  with  them  is.  how  shall  it  be  coun- 
teracted ?  What  has  been  done  caunot  be  undone.  The  (|UP-stioii  is,  by  what  means 
can  Great  Britain  regain  and  ke-pa  superiority  in  tropicul  rnUivation.  commerce, 
and  influence  7  Or  shall  that  he  abandoned,  and  oihcT  nations  he  suffered  lo  acquire 
ihe  supremacy,  even  to  the  extent  of  supplying  British  markets,  to  the  destruciiou  of 
the  capital  already  vested  in  their  production?  These  are  the  questions  which  now 
profoundly  occupy  the  attention  of  her  statesmen,  and  have  tiie  greatest  influence  over 
her  councils. 

"  In  order  to  regain  her  superiority,  she  not  only  seeks  to  revive  and  increase  her 
own  capacity  to  produce  tropical  productions,  but  to  diminish  and  destroy  the  capaci 
tv  of  triose  who  have  so  far  outstripped  her  in  consequence  of  her  error.  In  pursuit  of 
[he  tormer.  she  lias  cast  her  eves  to  her  East  India  possessions,  lo  Central  and  Eastern 
Africa,  with  the  view  of  establishing  colonies  there,  and  even  to  restore,  substantially, 
the  slave  trade  itself,  under  the  specious  name  of  transporting  free  laborers  from  AtVica 
to  her  West  India  possessions,  m  order,  if  possible,  to  compete  successfully  icith 
those  who  have  refused  to  follow  her  suicidal  policy.  But  these  all  afford  but  un- 
certain and  distant  hopes  ot'  recovering  her  lost  superiority.  Her  main  reliance  is  on 
The  other  alternative,  to  cripple  or  destroy  the  productions  of  her  suecesrftil  -rivals. 
There  is  but  one  way  by  which  it  can  be  done,  and  that  is  by  nholishin^  .jfrirnn  sla- 
very throughout  this  contiJtenI  :  and  that  she  openly  avoirs  to  be  the  constant  ohjfcl 
vf  her  policii  and  eicrlinn.'i.  It  matters  not  how  or  for  what  nmtirc  it  may  be  dom  , 
tohether  it  be  by  diplomacy,  influence,  or  force—by  secret  or  open  means  ;  and.  whe- 
ther the  motive  be  humane  or  selfish,  without  regard  to  manner,  jnenns.  or  motive, 
liie  thina  Itself,  should  it  he  aceompli^'hed,  would  put  down  all  rivalry,  ani  aire  her 
tlu  undtsputei  supremacy  \n 'iyi]}\\U\n^  hex  own  wants  and  those  of  the  rest  of  the 
world,  and  thereby  more  "than  fully  retrieve  what  Kbe  has  lost  by  her  errors.  It  would 
give  her  the  monopoly  or  tropical  proiluctions,  which  I  shall  next  proceed  to  show. 

"What  would  be  the  consequence,  if  this  object  of  her  unceasing  solicitude  and 
exertions  should  be  effected  by  the  abolition  nf  negro  slavery  ihtoughoui  this  continent, 
some  idea  may  be  formed  from  the  immense  dimrnution  of  productions,  as  has  been 
shown,  which  has  followed  abolition  in  her  West  India  possessions.  But.  ns  great  as 
that  has  been,  it  is  nothing  compared  to  what  would  he  the  effect,  if  she  should  suc- 
ceed m  abolishing  slavery  in  the  United  States,  Cuba,  Brazil,  and  throughout  this  con- 
tinant.  The  ex[ieriinent  in  her  own  colonies  was  made  under  the  most  favorable  ci-- 
tuinitances.  It  was  brought  about  gradually  and  peaceably,  by  the  steady  and  firm 
operation  of  the  parent  country,  armed  with  r'omplete  power  to  prevent  or  crush  at 
once  sll  insurrectionary  movements  on  the  part  of  the  negrops,  and  able  and  disposed 
to  maintain  to  the  fullthe  poliiical  anil  social  ascendancy  of  iheir  former  masters  over 
their  former  slaves.  It  is  not  at  all  wonderful  that  the  change  of  the  relations  of  mas- 
ter and  ilave  took  place  under  sucli  circumstances  without  violence  and  bloodshed,  and 
that  onier  and  peace  should  have  been  since  preserved.  Very  diflerent  would  be  the 
result  of  abolition,  should  it  be  effected  by  her  influence  and  exertions,  in  the  posses- 
sions of  other  countries  on  this  continent,  and  especially  in  the  United  Stales.  Cuba, 
and  Brazil,  the  great  cultivators  of  the  principal  tropical  productions  of  America.  To 
form  a  correct  conception  of  what  would  be  the  result  with  tiiem,  we  must  not  look 
«o  Jamaica,  hut  to  St.  Domingo,  for  an  example.  The  change  would  he  followed  by 
unforgiving  hate  between  the  two  races,  and  end  in  a  blootly  and  deadly  struggle  be- 
tween them  for  superiority.  One  or  the  other  would  have  to  i)e  subjugated,  extirpa- 
ted, or  expelled,  and  desolation  would  o\en.preail  their  territories,  as  in  St.  Pomingo, 
I'rom  which  it  would  rake  centuries  to  recover.  The  end  would  he,  that  the  superiority 
in  cnllivaling  the  great  tropical  staples  would  be  transferred  from  them  to  the  British 
tropical  possessions. 

"Tliey  aie  of  vast  extent,  and  those  beyond  the  Cape  of  Good  Hope  possessed  of 
an  unlimited  amount  of  labor,  standing  ready,  by  the  aid  of  Briiish  capital,  to  i.upply 
iht  deticil  which  would  be  occa^ioiifd  by  destroying  the  tropical  productions  ot  the 
United  Stales,  Cuba,  Brazil,  and  other  countries,  cultivated  by  slave  labor  on  this 
continent,  so  soon  as  this  increased  price,  in  consequence,  would  yield  a  profit.  It  is 
the  lUccessfnl  competition  of  that  labor  whi(rh  keeps  the  prices  of  the  great  tropical 
]»taple?i  so  low  as  to  prevent  their  cultivation  with  profit,  in  the  possessions  of  Great 
Britain,  by  what  she  is  phased  to  call  free  labor.  If  she  can  destroy  its  competition. 
she  would  have  a  moni'voly  in  those  productions.  She  has  all  tin?  means  of  furnish- 
ing an  unlimited  supply.  va>t  and  fertile  possessions  in  both  Indies,  boundless  com- 
mand  ot  capital  and  labor,  and  ample  power  lo  suppress  disturbances  anil  preserve  or- 
der throughout  her  wide  domains. 

"It  i»  unquestionable  that  she  regards  the  abolition  of  slavery  in  Texas  as  a  most 
important  step  towards  this  great  object  of  policy,  bo  much  the  aim  of  her  solioinule 
and  exertioni,  and  the  defeat  of  the  annexation  of  Texas  to  our  I'nioii  as  iiidianensa- 
ble  lo  the  abolition  of  slavery  there.  She  is  too  sagacious  not  to  see  what  a  fa'al  blow 
it  would  give  to  slavery  in  the  United  States,  and  how  cerliiinly  its  abolition  with  us 
would  aboliih  it  over  the  whole  continent,  and  thereby  g  ve  her  a  monopoly  in  the  pro- 
ductions of  the  great  tropical  staples,  and  the  command  of  the  comnierco,  navigation, 
and  manufactures  of  the  world,    with  an  established  naval  ascendancy  and  political 

rreiKjndcrance.  To  this  continent  the  blow  would  be  caiamitoiis  beyond  description. 
I  would  destroy,  in  a  great  measure,  the  cultivation  and  production  of  the  great  tro 
Jiical  staples,  amonntmg  annually  m  value  to  nearly  three  hundred  millions  of  dol- 
ars — the  fund  which  stimulmes  and  upholds  almost  every  other  branch  of  its  inilnslry, 
twmmorce,  navigation,  and  manufactures.  The  whole,  by  their  joint  influence,  are 
rapidly  spreading  [Kipulation,  wealth,  improvement,  and  civilization,  over  the  whole 
contio«nt,  and  vivifying  by  iheir  overflow  the  induitry  of  Euro|)e,  thereby  increasing 
it*  population,  wealth,  and  advancement  in  the  arts,  in  power  and  civilization." 

All  the  documents  res|)*ctin£  the  negotiations  with  Texas,  are  replete  with  proofaof 
,th«  dlipotitiOD  of  England  to  assail  our  institutions,  (u  the  distiaguishet)  Senator  so 
ably  shows  in  that  letter ;  and  which  policy  she  will  not  renouoee,  and  dispute  uU 
duftvowtJs  wiU)  Biaabfttesl  carat lUns  aitd  ilwplcia  vigilance : 


continent,  (and  in  the  West  Indies  and  Cuba,  of  course.)  I  will 
not,  however,  comment  on  that  letter.  It  fully  sustains  my  opin- 
ions expressed  the  other  day,  and,  in  fact,  if  I  err,  it  has  been  one 
chief  cause  of  being  misled.  It  seems  to  me  no  unprejudiced  man 
can  read  that  letter,  and  the  documents  respecting  the  Texas  ne- 
gotiation, and  not  be  fully  satisfied  that  it  is  the  settled  design 
and  confirmed  policy  of  Great  Britain,  from  which  she  will  not 
swerve  till  accomplished,  or  till  she  encounters  from  this  aovern- 
ment  resistence  of  such  character,  and  such  mode,  and  by  such 
means,  that  will  deter  her  from  going  to  extremities,  to  assail  the 
southern  portion  of  the  United  States,  through  its  domestic  insti- 
tutions ;  and,  as  one  means  of  cliVcting  this,  .^he  covets  Yucatan, 
and  Cuca,  and  Porto  Rico,  and  the  Brazils,  and  will  get  hold  of 
them  by  fair  or  foul  means,  if  she  can. 

Mr.  CALHOUN. — A  letter  of  mine  being  alluded  to.  I  hope 
the  Senator  from  Michigan  will  give  me  an  opportunity  to  say  a 
word  or  two  in  reference  to  it. 

Mr.  CASS.— Certainly. 

Mr.  CALHOUN.— I  had  no  doubt  at  all  at  the  time  that  letter 
was  written,  that  Great  Briiain  had  entertained  serious  views  of 
abolishing  slavery  all  over  the  world,  as  fai  as  her  efforts  would 
avail.  But  since  that  time — and  I  may  say  it  with  an  honest  pride, 
partly,  I  believe,  in  consequence  of  the  effects  produced  by  the 
letter  alluded  to,  but  mainly  in  consequence  of  the  complete  fail- 
ure of  abolition  in  her  West  India  possessions,  and  ihe  rijinous 
results  to  which  it  has  led,  a  great  change  has  taken  pltfce  in  her 
opinions  and  feelings.  In  looking  over  the  latediscu&sions  in  Par- 
liament on  the  subject  of  the  sugar  duty,  I  found  language  used  in 
reference  To  abolition  and  its  effects,  as  strong  as  any  1  used  in  my 
letter  to  Mr.  King,  to  wh^ch  the  Senator  referred,  and  this  not  by 
one  or  two  members,  but  by  many.  I  believe  the  cliange  has  been 
so  entire  upon  this  subject  in  Great  Britaiu,  that  her  statesmen  are 
actually  looking  to  the  virtual  resuscitation  of  the  slave  trade,  to 
restore  the  piosperity  of  her  We;  t  India  possessions.  As  to  the 
other  point  m  regard  to  the  possessions  of  Great  Britain  on  this 
continent,  I  shall  postpone  what  I  have  to  say  to  another  occasion. 
As  to  the  declaration  of  Lord  Aberdeen,  referred  lo  in  my  letter  to 
Mr.  King,  and  which  chiefly  induced  me  to  write  it,  it  has  passed 
away  with  the  circumsiances  under  which  it  was  made,  and  the 
great  changes  which  have  since  occurred.  Our  danger  is  no  longer 
i'rom  Great  Britain,  but  our  associates  in  our  federal  L^nion.  If  we 
wish  to  guard  ourselves  against  ihe  destructive  consequences  of 
abolition,  we  must  direct  our  efforts  in  that  direction.  Against 
danger  from  any  other  quarter  in  that  respect,  we  are  safe. 

Mr.  WESTCOTT.— Since  the  day  before  yesterday  I  have 
looked  at  the  debate  in  the  House  of  Commons  on  the  3d  of  Feb- 
ruary, which  I  then  referred  to.  It  was  on  a  motion  b_\  Lord 
Bentinck,  to  inquire  as  to  the  West  Indies  sugar  duty,  kc.  which 
was  adopted  on  the  4th.  The  Times  of  the  4th  and  5th  of  Feb- 
ruary contain,  as  I  have  stated,  all  the  debate.  Except  the  re- 
marks of  Sir  Cliarles  Wood,  the  Chancellor  of  the  Exchequer,! 
have  referred  to,  and  a  query  he  put  to  Lord  George  white  he 
was  speaking  about  Cuba:  "But  would  you  seize  the  Brazils  as 
well  ?"  and  except  some  remarks  of,  on  the  4th  of  February,  by 
another  member,  (Mr.  Labouchere.)  I  have  not  discovered  one 
word  in  the  whole  report  disavowing,  repelling,  or  censuring 
Lord  Bentinck's  suggestions.  Several  eminent  men  spoke  on  that 
occasion,  but  I  do  not  find  that  the  Premier  did.  His  name  is  not 
given  as  one  of  the  speakers,  It  must  have  been  another  debate 
that  the  Senator  from  Soulh  Carolina  saw  reported,  which  he  has 
mistaken  for  this.  Nearly  all  of  the  speakers  deprecate  the  effects 
of  emancipation  in  their  colonies  ;  and  say  it  has  been  destructive 
of  their  property,  injurious  to  the  emancipated  slaves,  and  ruinous 
to  the  inierestsof  Great  Britain  with  respect  to  the  colonies.  I 
regard  these  effects  and  results  as  but  siimuiants  to  her  designs  as 
To  us,  and  Cuba,  and  Brazil.  I  have  other  authentic  evidence 
which  I  may  hereafter  submit  to  the  country,  tending  to  show  that 
British  intrigues  are  conslai  tly  exerted  to  instigate  the  adoption 
of  the  emancipation  system  in' Cuba.  Her  Bahama  emaneipees 
infest  the  coasts  and  shores  of  my  State,  and  entice  slaves  to  run- 
away ;  and  as  the  Senator  knows,  while  he  was  in  the  Stale  De- 
partment the  aulhortlies  of  Bahama  refused  to  deliver  up  several 
runaway  murderers  under  the  treaty,  which  fugitives  bad  been 
.slaves  in  Florida.  My  State  is  but  lifty  miles  from  the  Lucayo, 
or  Bahama  Islands,  and  hut  sixty  miles  from  Cuba.  If  Great 
Britain  succeeds  in  her  designs  upon  Cuba  and  Yucatan,  we  shall 
be  nearly  surrounded  ou  the  eastern  and  southern  sides  of  my 
State  by  free  negro  colonics,  separated  from  us  by  a  narrow  strait 
only.  She  will  persevere  till  elieoked  by  us  by  a  firm  and  decided 
cour.<;e.  She  meddled  in  the  Texas  affair,  and  in  Mexico  and 
California.  She  may  affect  lo  change,  but  she  has  not  changed 
her  policy.  She  cannot  retrace  her  steps,  and  establish  slavery, 
and  she  wants  Spain,  ajid  Brazil,  and  the  United  Slates  to  follow 
her  in  her  folly.  She  proposes  to  import  Coolies,  Kroomcn,  and 
Chinamen  to  ihe  West  Indies  to  supply  the  place  of  Iter  manumit- 
ted slaves — this  experiment  will  fail.  If  there  had  been  any  dis- 
claimer of  the  hostility  to  the  United  Stales  displayed  by  Lord  Ben- 
tinck, or  di^vowal  of  coveting  Cuba,  or  of  an  intention  to  perse- 
vere in  the  ctlorts  lo  abolish  slavery  on  this  continent,  I  should 
not  have  credited  it  very  highly,  but  there  is  none  such,  as  the 
Senator  from  Soulh  Catolina  supposes,  in  tlie  debate  I  referred  to 
as  reported  in  the  Times.  I  will  send  the  Senator  the  papers 
when  the  Senator  from  Michigan  is  done  with  them,  and  he  will 
^d  I  am  correct. 


May  10.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


607 


Mr.  CALHOUN. — I  made  no  declaration  in  my  letter  to  Mr. 
King,  that  Great  Britain  desired  to  get  possession  of  Cuba.  I  re- 
ferred to  the  consequences  of  her  policy.  It  was  the  disavowal 
of  the  British  minisier  in  Parliament  of  an  intention  to  seize  Cuba, 
as  Lord  Benlinck  suggested,  to  which  I  referred.  I  am  satisfied, 
that  in  relation  to  tliis  subject,  so  far  as  Great  Britani  is  con- 
cerned, we  should  not  allow  ourselves  to  be  troubled  concerning 
her  course  of  policy.     Our  real  difficulty  lies  at  home. 

Mr.  CASS. — I  do  not  know  tliat  anyone  proposes,  under  existing 
circumstances, to  send  forces  to  Yucatan  with  any  design  of  holding 
permanent  possession  of  the  country.  The  President  in  his  message 
openly  disclaims  any  sucli  view,  and  our  proceedings  here  are 
based  upon  the  same  determination.  We  go  there  to  aid  the 
Yucatecos  in  this  their  day  of  extremity;  not  only  in  obedience  to 
the  dictates  of  humanity,  but  as  a  great  measure  of  public  policy, 
to  prevent  that  region  from  failing  into  oilier  hands.  Our  duty 
fulfilled,  tranquility  restored,  and  the  government  of  the  country 
jdaced  in  the  exercise  of  its  legitimate  functions,  we  shall  have 
discharged  our  trust,  and  can  then  retire  with  safety  and  with 
honor. 

A  great  deal  has  been  said  here,  sir,  respecting  the  connection 
between  Yucatan  and  Mexico,  and  of  the  difficulties  w'hich  this 
connection  places  in  the  way  of  oiu'  action.  I  am  not  going  to 
enter  into  llie  casuistry  of  politics  upon  this  subject.  It  is  no 
place  for  subtle  distinctions — into  the  "sophisms  and  abstruse 
speculations"  (to  use  the  language  of  Mr.  Sierra)  by  which  equily 
and  justice  are  mystified.  The  political  bonds  which  have  hereto- 
fore united  those  two  countries,  always  sat  loosely  upon  both  ;  and 
he  who  forms  iiis  judgment  of  their  connection  by  the  principles  of 
our  own  confederation,  will  sacrifice  truth  to  a  fabse  analogy. 
Yucatan  was  a  sovereign  State.  It  joined  the  Mexican  confeder- 
acy, and  became  one  of  its  members  upon  the  terms  prescribed  in 
the  act  of  union.  How  often  those  terms  have  been  violated,  and 
that  union  virtually  dissolved,  I  do  not  stop  to  inquire.  One- 
tenth  part  of  the  abuses  perpetrated  in  the  name  of  the  Mexican 
government,  if  perpetrated  here,  would  long  ago  have  rent  this 
league  asunder,  and  would  have  reduced  it  to  it;,  original  elements. 
The  State  of  Y'ucatan  is  now  overrun  by  a  domestic  enemy.  Pro- 
tection is  due  to  her  from  the  Mexican  confederation.  It  is  one  of 
the  very  cases  for  which  she  yielded  up  her  sovereignty,  and  al- 
most the  principal  one  where  the  aid  of  the  general  government 
can  be  needed.  But  that  protection  is  not  granted.  Perhaps  it 
cannot  be  ;  and  perhaps  it  would  not  be,  if  it  could.  Be  this  as  it 
may,  the  result  to  Yucatan  is  the  same.  She  bartered  her  allegi- 
ance for  protection.  They  must  go  together  ;  and  this  principle 
IS  now  everywhere  acknowledged  The  rights  of  the  Mexican 
confederation  are  (it  I  may  so  speak)  artificial,  and  the  confedera- 
tion itself  destructible.  But  the  rights  of  the  Slates  are  perma- 
nent, and  their  sovereignties  indestructible.  Their  governments 
are  responsible  for  the  safety  and  happiness  of  their  people,  and 
they  must  control  the  measures  which  are  necessary  to  secure 
them.  In  this  case,  the  government  of  Yucatan  is  endeavoring 
to  fulfill  its  duly;  and  as  they  have  a  right  to  go  anywhere  for 
aid,  50  any  one  has  a  right  to  aid  them,  unless  prevented  by  par- 
amount considerations.  If  we  were  at  peace  with  Mexico,  as 
England  and  Spain  are,  we  should  have  the  same  right  which 
they  have  to  render  this  assistance  The  very  extremity  of  the 
case  creates  its  own  principles.  Docs  the  existing  war  with 
Mexico  limit  our  rights  or  control  our  duties  in  this  respect  ? 
Certainly  not.  while  the  war  is  going  on  ;  for  during  that  time  we 
can  carry  on  our  operations  wherever  we  please,  and  for  what 
purpose  wo  please,  throughout  the  whole  Mexican  confederacy. 
Butit  has  been  objected,  during  the  course  of  this  discussion,  by 
ihe  Senator  from  Uelaware.  [Mr.  Clayton,]  and  the  Senator 
from  Kentucky,  [Mr.  Crittenden.]  and  ihc  Senator  from  Mary- 
land, [Mr.  Johnson,]  that  the  existing  war  with  Mexico  inter- 
poses insuperable  obstacles  to  our  action.  I  think  this  opinion  is 
founded  in  error,  which  a  little  reflection  will  remove.  The  object 
of  an  armistice  is  to  keep  two  military  parties  within  given  posi- 
tions, and  to  prohibit  any  operations  or  increase  of  force  during  its 
continuance — generally  to  give  time  for  negotiating  a  peace.  But 
the  very  basis  of  such  an  arrangement  is,  that  no  change  take 
place  within  the  limits  of  one  party,  which  would  render  the  situ- 
ation of  the  other  at  the  close  of  the  armistice,  should  war  be  re- 
sumed, worse  than  at  the  commencement.  They  merely  restupon 
their  arms  till  again  called  into  action. 

Now,  sir,  this  fundamental  principle  is  violated  in  the  case  of 
Yucatan;  and  whether,  from  the  want  of  inclination,  or  the  want 
of  power  in  the  Mexican  government  to  prevent  it.  is  equally  in- 
different to  us  in  the  exercise  of  our  rights.  A  war  is  raging 
within  the  Mexican  line  of  the  armistice,  if  Yucatan  is  a  part  of 
Mexico  ;  and  if  it  is  not,  this  question  is  at  an  end  ;  and  this  war 
may  change  the  entire  condition  of  that  country,  which  to-mor- 
row, by  the  termination  of  the  armistice,  we  have  a  right  to  occu- 
py. An  enemy  is  advancing  there,  who  is  seizing  the  cities  and 
towns,  and  may  hold  the  fortifications,  and  whom,  if  let  alone,  we 
may  find  k  difficult  to  dislodge.  The  authority  of  the  power 
making  the  armistice  is  practically  disavowed  ;  and  a  party  has 
come  forward,  who  neither  claims  its  rights  nor  acknowledges  its 
obligations.  Why,  sir,  if  a  French  army  were  in  Germany,  and 
restrained  in  its  operations  by  a  temporary  armistice,  does  any  one 
suppose  it  would  remain  inactive,  and  suffer  some  other  power  to 
interpose  and  take  possession  of  the  very  State  against  which  it 
was  ennaged  in  hostilities  ?  If  the  Indians  should  approach  San 
Luis,  as  they  are  now  approaching  Merida,  must  we  remain  in- 
active in  the  neighborhood,  and  sec  it  taken  and  destroyed,  and 


our  means  of  farther  prosecuting  the  war  vigorously  thus  essen- 
tially impaired  ?  No,  sir,  an  armistice  brings  duties  as  well  as 
rights  with  it;  and  among  these  duties,  the  most  important  is  to 
preserve  the  relative  condition  of  the  parties  unchanged. 

It  has  been  also  said,  sir,  that  as  a  peace  with  Mexico  would 
interfere  with  our  action  in  this  case,  and  might  complicate  our 
relations "Vilh  that  country,  and  as  peace  may  speedily  come, 
we  ought  not,  therefore,  to  interpose  under  existing  circum- 
stances. 

I  am  not  at  all  satisfied,  sir,  with  this  view  of  the  case  ;  be- 
cause— 

1.  We  do  not  propose  to  go  to  Yucatan  for  the  purpose  of  con- 
quest, but  of  protection  ;  not  to  assail  the  Mexican  government, 
but  to  discharge  its  duties.  Our  aciion  will  bo  independent  of  the 
condition  of  jieace  or  war,  and  consistent  with  the  most  amicable 
relations  between  us  and  Mexico.  Our  duties,  therefore,  will  not 
cease  the  instant  a  peace  is  formed,  but  must  continue  till  the  Yu- 
catese  people  are  placed  in  safety.  As  scon  as  Mexico  will  put 
herself  between  them  and  their  danger,  with  efficient  means  for  ac- 
tion, we  shall  retire,  and  leave  the  governments  to  discharge  their 
own  duties. 

2.  We  could  not  retire  before,  because  we  should  find  ourselves 
in  conflict  with  independent  savages — independent  for  the  time 
being — and  should  have  a  right  to  finish  it,  or  to  see  that  it  would 
be  finTshed,  and  not  precipitately  to  flee  from  it,  leaving  our  object 
unaccomplished. 

A  gof  d  deal  has  been  said  here,  sir,  respecting  the  condition  of 
the  inhabitants  of  Yucatan,  both  civilized  and  savage.  Our  infor- 
mation upon  the  subject  is  not  so  precise  as  we  could  desire  ;  still 
the  great  features  of  the  two  races,  both  natural  and  political,  are 
sufficiently  obvious.  The  white  race  has  been  assailed  by  the  col- 
ored race,  and  the  war,  whatever  may  he  the  causes  of  its  origin, 
has  become  a  war  of  extermination.  All  the  accounts  from  our 
own  officers,  as  well  as  from  other  sources,  public  and  private, 
speak  of  the  assailing  party  as  we  should  speak,  under  similar  cir- 
cumstances, of  our  Indians  ;  and  Commander  Bigelow  calls  them 
"ruthless  Indians."  I  have  conversed  with  two  intelligent  officers 
who  are  nowhere — Lieutenant  Porter  of  the  navy,  and  Lieutenant 
Slack  of  the  marine  corps — both  of  whom  have  been  among  these 
people,  and  both  of  whom  represent  them  as  inferior  to  our  In- 
dians, as  well  in  intellect  as  in  physical  conformation.  Certainly 
the  description  of  them  given  by  the  honorable  Senator  from  Con- 
necticut,  the  result  of  his  inquiries,  agrees  in  its  essential  points 
with  the  characteristics  of  the  red  man  of  our  own  forest.  That 
honorable  Senator,  however,  spoke  of  them  in  connection  with  the 
workmen  of  Paris,  whom  he  called  the  blouses,  from  the  frocks 
which  they  wear,  resembling  the  hunting-shirts  of  our  western  pio- 
neers, and  the  frocks  of  the  English  ploughman.  But  the  Sena- 
tor, if  he  meant  to  intimate,  as  I  thought  he  did,  that  there  were 
any  points  of  resemblance  between  the  French  republicans  and  the 
Mexican  Indians,  except  those  common  to  the  family  of  man,  knew 
little  of  the  former,  and  elevated  the  latter  much  higher  in  the 
scale  of  humanity  than  they  now  are,  or  1  am  afraid,  ever  will  be. 
I  will  not  take  upon  myself  the  defence  of  the  Parisian  people. 
They  do  not  need  it;  and  their  noble  conduct  during  the  recent 
convulsions  in  France  is  sufficient  to  redeem  them  from  any  as- 
persion. J   ■      . 

[The  extracts  which  follow  were  not  read  m  the  Senate,  but 
they  are  inserted  here  in  order  that  the  true  condition  of  things  in 
Y'ucatan  may  be  understood.  They  aro  taken  from  documents 
then  just  laid  upon  the  table,  but  which  have  since  been  printed. 

I  understand  there  is  but  one  exception  in  the  correspondence 
ofourolficers  with  the  government,  liom  the  general  opinion  of 
the  low  condition  ol — 

■'  I.ieulcnant  Hermieii.  a  liiglilv  respeclnlile  younj;  otil™r,  wlio  dalts  hu  report  on 
the  lOlli  Marcli,  1H4,^.  aflerH  \erv  brief  service  on  the  station.  He  derived  tiis  inlbr- 
nmtiou  at  Si-al,  wIiiti.  Barbachino  is  mom  popular  llien  Mendez.  In  lraii>niiltiiig 
his  reporl,  Commoilor.!  Perry  in  liis  Ic  ler  of  the  loth  March,  does  noteipreM.anycon- 
nirreiice  of  Lieut.  Ilcriideirs  speculationi." 

Lieutenant  Hcrnden  was  led  to  suppose  that  the  Indians  were  in- 
duced to  rise  in  consequence  of  some  difficulties  growing  out  of 
the  removal  of  Barbachino  from  the  governmeut  of  Yucatan,  and 
the  substitution  of  Mendez  in  his  place;  that  promises  were  made 
to  them  by  the  partizans  of  the  latter,  which  were  finally  violated; 
and  that  some  outrages  were  committed  upon  them,  and  some  of 
them  killed  in  the  collection  of  a  tax.  All  this,  il'so,  would  seem 
utterly  insufficient  to  account  for  this  great  outbreak,  and  for  the 
shocking  cruelties  which  attend  it.  But  there  is  reason  to  doubt 
the  correctness  of  Lieutenant  Hernden's  information  on  this  sub- 
ject, as  it  is  not  corroborated  by  other  accounts,  and  as  he  is  obvi- 
ouslv  in  error  in  some  important  particulars.  He  supposes  "that 
the  whole  matter  is  a  party  quarrel,"  in  which,  however,  he  thinks 
those  who  originated  it  may  be  utterly  overwhelmed  by  the  ele- 
ments they  have  put  in  agitation.  Ho  obviously  underrates  the 
danger  of  the  country,  and  says — 

'*  That  Uie  people  of  .Alerida.  f^isal,  and  its  neighborhood,  entertain  ipuch  less  fear 
of  the  Indians  and  their  hosUlities  than  those  of  Campeachy,''  &c. 

He  also  says  : 

"That  a  gentleman  of  intelligence,  whom  he  encountered  at  Si>al,  spoke  witnCTeat 
confidence  of  the  aliility  oftlie  wlulesto  resist  the  Indians,  and  seemed  very  conhdent 
'anil  nmch  at  his  ca.se."  -    , 

"In  fnrlherconflrraationof  my  opinion,"  he  adds,  "that  this  is  not  a  war  of  claw, 
anotliet  gentleman  of  the  country,  of  good  standing,  Don  Simeon  Peon,  who  is  the 
owner  of  several  haciendas  in  the  interior,  stated  that  the  Indian,  m  his  empJoyment 
had  asked  for  arms,  for  the  purpoee  of  defending  his  property.' 

Lieutenant  Hernden,  it  appears,  was  at  Sisal  but  about  a  day; 


60S 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Wednesday, 


a  time  entirely  too  short  to  ascertain  the  true  condiiion  of  the 
country.  Subsequent  accounts  prove  that  his  opinion  re-specting 
the  progress  of  tiie  Indians  is  entirely  erroneous.  Barbachino  has 
taken  the  place  of  Memlez,  but  this'poHiical  change  has  been  fol- 
lowed by  no  favorable  change  in  the  war.  The  correspondence 
with  Commodore  Perry  comes  down  to  the  I5th  of  April;  and  be- 
tween that  day  and  Lieutenant  Hernden's  speculations,  affairs  had 
grown  worse  and  worse. 

The  consul  at  Campeachy  says,  on  the  23d  of  March,  "that  the 
Indians  are  gaining  sirengih  every  day." 

Lieutenant  Mason,  under  the  same  date,  says  : 

"  The  Indians  are  graJuallv  and  ^ncces^Wlv  tailing  tlie  connlrv.  They  are  now 
sbont  a  hundred  miles  from  Menda,  in  large  force.  Merida,  Sisal,  and  Oampeacny 
will  tinally  be  taken." 

Commander  Bigclow,  on  the  25lh  of  March,  reports  that 
"things  are  dailv  getting  worse  in  Yucatan." 

Lieutenant  Mason,  on  the  7ih  of  April,  reports  : 

"In  ray  conversation  wiih  the  e.i-Govetnor  Mrndez,  of  Yucatan,  he  informs  me  that 
it  is  impossible  for  the  whiles  10  resist  the  Indians,  who  are  destroying  every  to«», 
villago,  &c..  killing  men,  women,  and  children.  The  Indians  no«-  ronsler  about  si.xty 
thonsand,  and  are  divided  into  four  columns." 

The  same  officer  reports  on  the  ISth  of  March  : 
•■  Myopinion,  from  information  that  I  can  collect,  is,  that  unless  Yucatan  call  get 
troops,  &c.,  from  some  foreign  |.ower,  she  is  lost,  and  that  within  a  lew  monthai 

Lieutenant  Glasson.  in  a  letter  dated  April  2,  says  : 

"ThatatSelam  about  IM  miles  to  the  eastward  of  f-'ampeachy,  he  hoarded  a 
•mall  vessel  crowded  Willi  persons  flying  to  the  i.laiid  of  Cosamel,  where  there  was  an 
English  settlement,*  lor  an  asylum." 

Lieutenant  Glasson  landed  at  the  town  of  Selam,  and  found 
there  a  large  number  of  persons  from  the  city  of  Valladnlid,  who 
had  fled  at  the  capture  of  it  by  the  Indians.  He  conveyed  one 
hundred  and  twenty-one  of  thoin  in  his  vessel  to  Campeachy.  He 
also  reports  : 

*'  That  the  Indians  were  within  seven  or  eight  leagues  of  Selam,  and  that  they  de- 
stroy na-v  hahitatimi,  and  put  to  death  all  whom  they  meet.  The  accounts  of  thosa 
whom  I  brought  here  give  a  most  heart  rending  de-criplion  of  the  unfortunate  condi- 
tion of  the  country.  Something  must  be  done,  cither  by  us  or  some  other  power,  or 
the  whole  country  "must  fall  into  the  hands  of  the  Indians." 

Commodore  Perry,  on  the  13th  of  March,  in  urging  the  necessity 
of  assistance,  says  : 

"  The  whiles  have  lost  all  hope  of  checking  the  advance  of  the  Indians;  and  that 
Ihe  stateu  ents  set  forth  in  the  papers  transmitted  by  him  are  not  in  the  least  exagge- 
rated: and  that  unless  assistance  is  received,  the  whole  country  will  be  laid  waste,  and 
the  numerous  towns  and  villages  of  the  interior  destroyed." 

The  Commodore  also  says,  in  a  letter  of  the  15th  of  April, 
that— 

"  The  Indians  were  still  izaining  ground;  and  the  whites,  without  attempting  the 
least  defence,  continued  to  fly  towards  the  coast." 

And  the  very  latest  news  from  Yucatan,  given  us  through  the 
means  of  the  piiblio  journals,  fully  confirms  all  these  statements 
and  anticipations. 

"  .-\t  the  last  accounts,  (says  the  most  recent  arrival,)  the  Indians  were  within  one 
day's  march  of  Campeachy,  in  vast  numbers,  and  with  no  abatement  of  their  design 
of  a  geneial  massacre  of  their  ojiponents.  Their  war-cry  was  '  Death  to  both  black 
and  white — man,  woman,  and  child— all  save  the  red  man,'  They  claim  to  be  250,- 
OtiO  strong,  and  say  the  country  rightfully  belongs  to  them,  and  they  will  possess  it,  and 
insure  possession  by  the  massacre  of  all  their  opponents," 

These  descriptions,  sir,  are  terribly  graphic;  and  they  make 
known  to  us  as  well  the  awful  condition  of  the  country  as  the 
characteristic  features  of  the  race  which  is  producing  it.  It  is 
very  probable,  sir,  that  these  Indians  may  have  been  oppressed. 
Such,  indeed,  is,  perhaps,  the  inevitable  consequence  of  the  eilect 
of  power  exercised  by  a  civilized  custe  over  a  savage  one.  We 
read  this  truth  in  our  own  history,  and  we  feel  it  in  our  own  days. 
We  are  not  guiltless  with  respect  to  the  Indians,  who  have  fled 
for  generations,  and  are  still  fleeing,  before  our  advancing  settle- 
ments, and  to  whom  there  seems  no  rest  but  the  grave.  And  the 
reproach  made  by  the  honorable  Senator  IVoin  Kentucky  against 
the  Spanish  races  in  Yucatan,  that  they  have  not  improved  the 
condition  of  the  Indians,  is  as  applicable  to  us  as  to  them.  Our 
attempts  at  civilization  have  been  almost  utter  failures.  Whether 
these  failures  have  originated  in  the  inherent  difficulties  of  the 
subject  or  in  injudicious  efforts,  it  would  be  difficult  to  decide  with 
certainty.  They  are  great  obstacles  to  improvement  in  the  fixed 
habits  of  the  Indians.  They  change  almost  as  little  as  the  no- 
madic Arabs,  who  are  essentially  now  what  they  were  in  the  days 
of  Abraham.  There  are  but  two  ncciipalions  becoming  an  adult 
male  Indian,  and  these  are  fighting  and  hunting.  Ho  may  go  to 
war  to  acquire  glory,  and  he  may  go  to  the  chase  to  procure  meat 
and  furs.  But  ho  must  not  work;  if  he  does,  he  is  dishonored; 
and  all  the  labor  is  thrown  upon  the  women,  whoso  condition  is 
equally  harsh  and  servile.  This  was  originally  a  fundamental 
provision  of  Indian  society,  and  it  was  too  agreeable  to  the 
stronger  party  to  be  easily  surrendered.  It  has  certainly  given 
way  very  much  to  circumstances,  but  it  still  exerts  a  powerful  in- 
fluence upon  the  aboriginal  race.  But,  whatever  may  have  been 
the  condition  of  the  Yucatcso  Indians,  whether  attached  to  the 
haciendas  as  peons,  or  roaming  through  the  forest,  there  can  be 
no  justification  for  their  present  conduct. 

It  is  said,  indeed,  that  they  have  a  right  to  vote  ;  and  having 
been  admitted  to  the  enjoyment  of  political  privilenes,  the  war 
they  are  waging  is  a  civil  ■war,  looking  to  a  change  ol  government 

■*  This  fact  is  new  here;  an  actual  permanent  British  r-stablishmcnt  on  thecoast  of 
Yocatan,  near  the  point,  and  capable  of  commanding  the  onUcts  of  the  gull'. 


by  a  revolution.  The  constitution  of  Yueatan  may  have  said  they 
are  fit  to  vote,  while  their  own  moral  consiitulion  may  say  they  are 
not  fit  for  it.  A  false  philanthropy  may  have  given  them  the  polit- 
ical qualifications  of  citizens,  while  wholly  destitute  of  the  neces- 
sary intellectual  qualifications.  Their  present  conduct  shows  that 
they  are  utterly  unprepared  to  exercise  political  power — as  much 
so  as  our  Indians,  whose  conduct  they  closely  imitate  in  this  war 
of  exteriiiination.  The  Yucatese  government,  in  this  extension  of 
the  right  of  suflVage,  have  made  an  unhappy  experiment,  as  they 
now  h"nd  to  their  cost.  Such  high  privileges  are  not  to  be  tam- 
pered with.  Here,  thanks  to  our  condition,  the  very  broadest  ex- 
ercise of  political  rights  is  extended  to  all,  for  all  may  safely  exer- 
cise tfiem.  Long  habit  and  education  have  qualified  our  citizens 
to  participate  in  all  the  poweis  of  government,  and  this  institution 
is  the  very  corne  rslone  of  our  whole  political  fabric.  This  war  in 
Yucatan  is  a  war  of  races,  not  of  parties— lor  physical  existence, 
at  least  on  one  side,  not  for  political  "power.  The  advancing  sav- 
ages, it  appears,  have  elected  a  chiel,  as  their  ancestors  probably 
d?d  in  remote  times,  and  as  many  oi  our  tribes  do  at  the  present 
day.  Their  cruelty  stamps  theiii  with  the  true  character  of  sava- 
ges, and  this  consideration  is  enough  to  demand  our  interposition, 
without  advening  to  any  other.  Certainly,  we  are  accustomed  to 
associate  a  good  deal  of  cruelty  with  civil  wars,  and  especially 
with  Spanish  civil  wars.  But  these  contests  do  not  sweep  before 
them  entire  races,  and  utterly  destroy  whole  countries  ;  and,  when 
fought  for  political  rights,  they  cease  immediately  or  gradually, 
■with  the  attainment  "of  their  objects.  But  no  such  spectacle  as 
this  has  been  seen  in  the  world  since  the  catastrophe  on  St.  Do- 
mingo, which  seems  to  have  been  the  exact  prototype  of  the  events 
now  going  on  in  Yucatan.  The  white  race  is  totally  subdued,  bro- 
ken in  spuit.  and  fleeing  belbie  their  pursuers  ;  still  no  mercy  is 
shown,  and  the  object  is  obviously  extermination,  and  not  political 
power. 

In  this  state  of  things  we  are  urged  to  stop;  to  get  information, 
as  though  we  did  not  know  all  we  could  know,  so  far  as  the  claims 
of  humanitv  are  concerned,  and  to  examine  and  discuss  all  the  cas- 
uistry of  politics  before  we  place  ourselves  between  the  barbarians 
and  their  victims.  We  might  as  ■well  stop  to  investigale  the  cause 
of  a  destructive  fire  belbre'wc^  consented  to  aid  in  pulling  it  out. 
And  while  we  talk,  other  powers  may  discharge  the  claims  of  hu- 
manity, and  take  possession  of  the  country  tney  protect. 

We  must  recollect  that  it  is  the  actual  recognized  government 
of  Yucatan  which  calls  on  the  world  for  assistance,  not  to  guard 
its  power,  but  to  secure  the  existerce  of  its  people.  Let  us  dis- 
char"e  the  conjoined  duties  of  humanity  and  policy,  and  leave  the 
internal  questions  between  the  two  races  to  be  adjusted  after  the 
one  is  saved  from  the  vengeance  of  the  other. 

The  honorable  chairman  of  the  Committee  on  Foreign  Relations 
alluded  to  the  reports  which  have  reached  us,  that  the  Yucatese 
Indians  have  been  furnished  by  the  British  agents  at  Belize  with 
the  arms  wliich  have  enabled  them  to  carry  on  this  merciless  war- 
fare. The  fact  is  distinctly  intimated  by  Mr.  Sierra,  the  commis- 
sioner of  Yucatan  ;  and,  I  understand,  reported,  if  not  credited,  by 
some  of  our  officers.  It  has  been  called  in  question  here,  and  prin- 
cipally, I  believe,  from  its  very  atrocity.  The  honorable  chair- 
man stated  that  the  guns  had  the  English  To^n-er  mark,  and  had, 
therefore,  been  manufactured  for  the  government  ;  and  he  drew 
the  conclusion— logically  enough,  I  thought— that  this  circumstance 
furnished  presumpTive  evidence  of  their  distribution  by  British  au- 
thorized agents.  The  honorable  Senator  fnm  Mississippi,  bow- 
ever,  [Mr".  D.\vis,]  supposed  that  these  guns  might  have  been  sold 
by  the  British  government  at  home,  in  consequence  of  their  having 
been  made  before  some  of  the  recent  improvements  in  fire-arms, 
and  that  they  had  thus  found  their  way  to  the  traders,  and  from 
them,  in  the  usual  course  of  traffic,  to  the  Indians.  This  may  be 
50  sir  ;  for  a  similar  disposition  is  sometimes  made  of  arms  be- 
come antiquated.  But  I  am  not  aware  that  this  has  recently  ta- 
ken place  ;  and  I  had  supposed  the  old  stock  on  hand  had  long 
since  been  exhausted.  I  am  not  well  enough  acquainted  with  the 
habits  of  these  Indians,  to  tell  vou  what  kind  of  arms  they  use  ;_ 
but  they  must  be  very  diflcrent  in  their  habits  from  our  Indians,  if 
they  prefer  English  muskets  for  hunting.  And  if  they  do  riot,  I 
do  not  understand  ho-w  these  muskcls  could  become  articles  ol  traf- 
fic at  Balize,  or  why  the  traders  should  be  furnished  with  supplies 
of  them.  1  have,  however,  sir.  seen  such  things  in  my  time  ;  and 
as  they  have  occurred  elsewhere,  they  may  have  occurred  in  Yu- 
catan. I  am  not  about  to  prefer  a  bill  of  indictment  against  Eng- 
land, as  the  honorable  Senator  from  Connecticut  thinks  some  of  us 
arc  too  prone  to  do.  But  I  am  not  disposed  to  reject  the  lessons 
of  history,  because  the  truths  it  teaches  may  be  harsh  and  unac- 
ceptable. I  know  that  arms  have  been  furnished  to  Indians  within 
the  United  States  by  the  agents  of  the  British  government,  and  by 
the  directions  of  that  government;  and  I  may  thence  draw  the 
legitimate  conclusion,  that  such  an  act  is  wilhin  its  code  of  politi- 
cal ethics,  and  may  he  done  when  called  lor  by  political  considera- 
tions. The  measures  to  wliich  I  reier,  took  place  when  the  distin- 
guished Senator  from  South  Carolina  [Mr.  Calhoun,]  presided 
over  the  Department  of  War,  and  connected  his  name  so  perma- 
nently  and  so  brilliantly  with  the  history  of  its  adniinistrarion.  He 
came  to  it,  sir,  when  it"  was  languid,  exhausted  by  the  exertions  of 
a  terrible  war,  and  when  it  was  comparatively  wiihout  order  or 
energy  ;  and  ho  left  it  in  a  high  state  of  organization,  prompt  in 
its  administration,  economical  in  its  expenditures,  arid  with  a  per- 
vading spirit  controlling  ail  its  branches.  I  can  wish  bis  succes- 
sors no  more  fortunateterminntion  of  their  labors,  than  that  ihey 
should  retire  from  them  with  a  reput;  tion  equal  to  his.     Reports 


May  10.] 


TEMPORARY  OCCUPATION  OF  YUCATAN: 


609 


of  the  distribution  of  arms  Ijy  tlie  Britisii  authorities  to  the  Indians 
in  the  United  States  were  repeatedly  made  to  him,  and  the  matter 
became,  the  subject  of  formal  diplomatic  representations  to  the 
British  government.  I  think  the  Senator  from  South  Carolina 
must  have  a  general  recollection  of  the  alFair. 

Here  Mr.  Calhoun  gave  a  sign  of  assent. 

For  many  years  the  various  Indian  tribes,  as  far  as  the,  Missis- 
sippi, and  some  of  them  west  of  that  river,  were  annually  invited 
to  Fort  Maklcn,  at  the  mouth  of  the  Detroit  river,  where  large 
supplies  of  arms,  of  amtnuniiion,  and  clotliing,  and  of  other  arti- 
cles of  taste  or  comfort,  agreealily  to  their  habits,  were  distributed 
to  them.  I  speak  of  years  of  peace.  If  I  went  back  to  years  of 
war,  I  could  till  another  tale — a  tale  of  human  flesh — of  American 
flesh — sold  in  the  market  like  butcher's  moat  in  the  shambles.  But 
I  forbear.  When,  howeviT,  peace  retirrned,  and  found  large  bo. 
dies  o(  warlike  savages  lilling  that  portion  of  our  country,  it  found 
also  that  their  attachments  to  England  were  kept  alive  by  the 
subsidies  given  to  them.  Our  whole  frontier  was  held  in  a  state 
of  greater  or  less  alarm,  and  all  the  outbreaks  which  took  place 
among  them  could  be  traced  to  the  ascendency  acquired  over  them 
by  this  system,  and  to  the  purposes  to  which  it  was  directed. 
They  came  to  the  great  English  storehouse  as  regularly  as  the  ox 
that  knowetb  his  owner,  and  the  ass  his  master's  crib  ;  and  they 
were  led  from  that  crib,  and  many  a  deed  of  destruction  was  the 
consequence.  After  some  vears,  however,  and  owing  jirobably  to 
the  remonstrances  of  our  government,  the  depot  was  changed, 
and  was  established  at  Drummond's  Island,  in  Lake  Huron,  then 
almost  without  the  sphere  of  our  observation.  When,  however, 
the  Indians  receded,  and  Drummond's  Island  p.assed  under  our  ju- 
risdiction, another  ehanga  was  made  ;  and  perhaps  more  changes 
since  that  time,  for,  owing  to  other  occupations,  I  have  lost  sight 
of  the  subject  for  some  years.  I  suppose,  however,  that  much  is 
not  done  now,  as  from  the  increase  of  our  power,  and  the  annihi- 
lation of  the  power  of  the  Indians  upon  that  frontier,  England 
could  hardly  count  upon  their  services  during  war,  and  would 
therefore  feel  little  disposition  to  subsidize  them  during  peace.  So 
much  for  philanthropy. 

I  prefer,  sir.  the  bill  reported  by  the  chairman  of  the  Committee 
on  Foreign  Affairs  to  the  amendments  proposed.  I  do  so  because, 
among  other  reasons,  I  like  to  call  things  by  their  true  names. 
The  bill  expresses  clearly  the  objects  we  have  in  view,  and  the 
motives  which  influence  us.  And  our  operations  under  it  may  be 
continued  till  the  conflict  is  terminated,  or  till  the  Mexican  go- 
vernment can  interpose  with  suflicient  vigor  for  the  protection  ol 
the  Yucatese  people.  And  a  peace  with  Mexico  would  not  thus 
compel  us  to  retire  before  the  Indians  at  the  very  moment  the  e.v- 
igency  might  be  the  most  urgent. 

Some  objection  has  been  made  to  the  provision  for  the  armed 
occupation  of  the  country.  I  do  not  object,  sir,  either  to  the  ex- 
pression or  to  the  power.  If  we  go  to  Yucatan  at  all,  we  must  go 
there  not  as  subordinate  allies,  but  with  a  right  to  control  and  di- 
rect all  the  operations  we  may  deem  necessary.  Assuredly  wo 
could  not  think  of  placing  our  oflicers  under  the  authority  ol  the 
Yucatese  government,  timid  and  imcompctcnt  as  that  government 
has  shown  itself.  And  it  ought  to  be  distinctly  understood,  tliat  wher- 
ever our  forces  move  in  Yucatan,  during  this  period  of  convulsion, 
they  move  with  a  right  to  take  any  positions  they  may  deem  expe- 
dient, and  to  carry  on  all  the  operations  wliich  circumstances  may 
require.  1  have  not  had  an  opportunity  carel'uUy  to  examine  the 
amendments,  having  only  heard  them  read,  but  they  seem  to  indi- 
cate our  proper  course  of  action  less  satisfactory  than  the  original 
bill  itself. 

Mr.  President,  great  interests  are  committed  to  our  keeping. 
We  are  not,  we  cannot  be  isolated.  The  eldest  of  the  independ- 
ent States  upon  this  continent — and,  I  may  say,  without  the  charge 
of  partiality,  the  most  advanced  in  civilization  and  improvement — 
our  course  and  our  example  must  exert  a  decisive  influence  for 
evil  or  for  good,  upon  its  future  destiny.  The  honorable  Senator 
from  Connecticnt  alluded  to  an  incident  uratifying  in  itself,  and  il- 
lustrative of  the  progress  of  sound  political  opinions.  He  referred 
to  a  journal  of  Merida,  the  capital  of  Yucatan,  which  contained 
an  article  speculating  upon  the  probability  of  our  consenting  to 
the  annexation  of  that  country,  and  warmly  advocating  the  niea^ 

3Cth  Cong. — 1st  Session — No.  77. 


sure.  This  is  a  tribal^  rarely  paid  to  the  institutions  of  other  na- 
tions, and  as  little  as  »nv  other  to  the  government  of  England- 
Something  has  been  said,  and  harshly  said,  of  an  emergency  in 
this  case,  and  somethin;;  more  of  a  cri'sis— of  war,  and  of  its  cost 
and  consequences.  Well,  sir,  tliere  arc  cases  of  emergency,  both 
in  the  lives  of  communities  and  of  individuals,  which  demand  speedy 
and  decisive  action,  and  this  is  one  of  them — cases  when  prompt- 
ness is  wisdom,  and  when  timid  counsels  are  sure  to  bring  dis- 
honor, if  not  disaster.  -As  to  ;.  crisis,  the  word  has  become  so  fa- 
miliar to  my  ears,  and  the  idea  to  my  mind,  that  both  have  long 
since  lost  all  their  terrors.  I  have  been  upon  the  sta^e  of  action 
almost  half  a  century,  and  during  the  fifty  years  which  composed 
it  we  have  had  a  erisis  about  fifty  times  ;  some  graver  and  some 
lighter,  but  each  grave  enough,  in  the  opinion  of  tlie  prophets  of 
political  evil,  to  destroy  our  constitution,  and  with  it  the  last 
hopes  of  liberty.  But  we  have  gone  on  increasing  in  numbers  and 
improvement,  and  in  all  the  elements  of  power  and  prosperity, 
with  an  accelerated  pace  before  unknown  in  the  history  of  the  worlil. 
And  at  no  period  of  our  progress  had  we  more  reason  to  humble  our- 
selves in  thankfulness  to  Providence  than  at  this  very  moment,  when 
many  of  the  powerful  governments  of  tlie  world  are  falling  around 
us;  when  society  seems  elsewhere  almost  in  a  slate  of  dissolution; 
while  our  institutions  are  not  only  unassailed,  but,  to  all  human 
appearance,  beyond  tho  reach  of  assault;  while  our  government  is 
growing  stronger  in  the  aflfections  of  the  people,  as  time  and  ex- 
perience multiply  the  proofs  that  it  is  best  adapted  to  our  condi- 
tion, and  that  it  brings  with  it  as  great  a  measure  of  political  hap. 
piness  as  is  probably  compatible  with  human  society.  I  concur 
folly  in  the  opinion  so  well  expressed  by  the  Senator  from  Con- 
necticut, and  first  advanced  by  Mr.  Jellerson,  that  it  is  the  strong- 
est government  upon  the  face  of  the  earth;  the  strongest  for  tho 
purposes  of  good,  and  the  weakest  for  the  purposes  of  evil,  be-- 
causB  controlled  by  an  intelligent  people  who  watch  and  restrain 
it.  This  characteristic  I  have  heard  well  illustrated  bv  the  honor- 
able Senator  from  Ohio,  [Mr.  Allen,]  in  a  manner  peculiarly 
his  own.  Our  government,  like  the  pyramid  which  stands  upon 
its  base,  has  a  broad  foundation,  which  cannot  be  shaken;  while 
many  another  government  in  tho  world  stands  upon  its  apex,  and 
is  liable  to  bo  overthrown  by  the  slightest  shock  assailing  it.  Our 
constitution  is  almost  the  only  one  where  a  revolution  is  impossi. 
ble;  because,  if  I  may  sn  say,  it  has  nothing  to  revolve  to.  Fun- 
damental alterations  belong  liere  to  the  ordinary  power  of  the 
people,  and  may  be  made  by  their  wtll  as  readily  as  the  slightest 
changes  in  our  policy  or  legislation.  I  have  yet  to  see  the  first 
man  in  this  broad  land  who  in-ofesses  a  desire  to  exchanse  this  go- 
vernment for  another;  and  in  the  whole  range  of  human  expe- 
rience, where  can  as  miv.'h  bo  elsewhere  said  with  truth  ? 

The  state  of  the  Old  World,  while  it  is  in  singular  contrast  with 
our  own,  excites  the  liveliest  sensibility  here.  Its  '•throes  and 
convulsions,"  to  use  the  forcible  expression  of  Mr.  JefTerson,  are 
portentous  of  radical  changes.  The  arrival  of  every  steam-packet 
is  watched  with  anxiety,  and  its  earliest  news  issent  instanta- 
neously by  the  telegraph,  almost  to  the  verge  of  our  republic. 
And  alter  all  the  gloomy  vaticinations  of  the  English  government, 
and  country,  and  press,  respecting  the  duration  of  our  institutions, 
and  the  opinion,  so  often  expressed,  and  I  may  say  the  hopes  so 
long  entertained  by  many,  that  they  would  soon  pass  away,  and 
give  place  to  a  monarchical  government,  we  exhibit  to  the  world 
the  unexampled,  and  I  may  say  the  sublime,  spectacle  of  a  people, 
looking  across  the  ocean  to  Europe,  watching  the  progress  of  the 
striking  and  stirring  events  which  threaten  to  overturn  all  its  8s- 
tablished  powers,  and  which  may  tcrmina'.o  in  new  combinations 
of  society;  while  their  own  social  and  political  systems  were  never 
more  prosperous  in  themselves,  nor  ever  dearer  to  the  creat  peo- 
ple who  protect  them,  and  in  turn  are  protected  by  thera. 

EXKCUTIVE    SESSION. 

On  motion  by  Mr.  BREESE,  the  Senate  proceeded  to  the  con- 
sideration of  Executive  business  ;  and  after  some  time  spent  there- 
in tho  doors  were  opened,  and 

On  motion, 
The  Senate  adjourned. 


610 


*      I'EtlTIONS-RESOLUTIONS,  ETC. 


[Thuesday, 


THURSDAY,  MAY  11,  1848. 


PETITIONP. 


Mr  STURGEON  presented  a  memorial  of  sitizens  of  Phila- 
delphia, Pennsylvania,  prayinii  that  a  tcrrilory  west  ol  the  Missis- 
sippi river  may  be  set  apart  for  the  permanent  homes  ol  the  vaii- 
oiis  Indian  tribes  inhabiting  the  United  States  ;  whieh  was  relcr- 
red  to  the  Committee  on  Indian  AHairs. 

Mr  BALDWIN  presented  a  petition  of  citizens  of  New  Ha- 
ven, Conneetieut,  prayins  a  reduction  of  the  rates  of  postage  on 
letters  and  newspapers  ;  which  was  referred  to  the  Committee  on 
the  Post  Office  and  Post  Roads. 

Mr  DICKINSON  presented  a  petition  of  citizens  of  the  coun- 
ties of  Clinton,  Franklin,  and  St.  Lawrence,  in  New  York,  pray- 
in- the  removal  of  the  port  of  entry  from  Plattsburg  to  Rouse  s 
Point  in  that  State  ;  which  was  referred  to  the  Committee  on  Com- 
merce. 

Mr  UNDERWOOD  presented  a  petition  of  citizens  of  Siinp- 
.^onand  Logan  counties,  in  Kentucky,  praying  the  estabbshraent 
of  a  mail  route  horn  FranKlin  in  that  Stale,  to  Springfield,  ien- 
nessee  ;  which  was  referred  to  the  Committee  on  the  Post  Ortice 
and  Post  Roads. 

On  motion  by  Blr.  ATCHISON,  it  was 

Ordered.  That  the  Committee  on  Indian  Affairs  be  discharged 
from  the  consideration  of  the  petition  of  Patrick  Maranteite. 

ADVERSE    REPORT. 

Mr.  ATCHISON,  from  the  Committee  on  Indian  Affairs,  to 
whom  was  referred  the  petition  of  James  Wilkins,  submitted  an 
adverse  report. 

DEFERRED  NOMINATIONS. 

The  Senate  resumed  the  consideration  of  tlie  rasolution  submit- 
ted by  Mr.  Johnson,  of  Maryland,  on  the  28th  ultimo,  respecting 
appointments  made  by  the  President  during  the  recess  of  the  Sen- 
ate ;  and  it  was 

Ordered,  That  the  further  consideratimn  thereof  be  postponed 
until  to-morrow. 

ORDER    TO    PRINT. 

On  motion  by  Mr.  WESTCOTT,  it  was 
Ordered,  That  the   report  of  the  Committee  on  the  Judiciary 
upon  the  petition  of  citizens  of  Western  Pennsylvania,  made  the 
3d  instant,  be  printed. 

ADVERSE  REPORTS  CONCURRED  IN. 

*        The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Pensions  upon  the  memorial  of  George  Petty  ;  and  it  was 
Resolved,  TtiM  lire  pr,iycr  of  tlie  pelition  be  not  granlfil. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Finance  upon  the  memorial  of  Hugh  Munro  McLean  ;  and  in 
concurrence  therewith  it  was 

Ordered,  That  the  Committee  be  discharged  from  the  further 
consideration  of  the  memorial. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Patents  and  the  Patent  Olliee  upon  the  petition  of  Aaron  Car- 
man ;  and  in  concurrence  therewith,  it  was 

Resolved^  Ttiirt;the  prayer  of  tlie  petition  be  not  graiiled. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Pensions  upon  the  petition  of  Asahel  Kingsley;  and  it  was 

Ilcsolrrd,  Tliat  the  prayer  of  lire  pctitiniier  be  iiol  ^^ranled. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Patents  and  the  Patent  Office  upon  the  petition  of  Hezokiah 
L.  Thistle;  and  in  concurrence  therewith  it  was 

Resolved,  That  the  praycrof  tlie  pelicioiier  slioulil  not  lie  jrranteil. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
of  Claims  upon  the  petition  of  Volncy  E.  Howard,  Bainbridge 
Howard,  and  David  Slielton;  and  in  concuricnco  therewith  it  was 

Resolved,  Tliat  the  petition  of  Voinoy  E.  Ilowanl.  Hniiiliriilcc  Itowaul.  and  David 
Shelton.  witli  the  aeeoiiipanvint'  papers,  be  Iraiisnillt.-il  by  liu-  t^erretary  of  the  Senate 
To  the  Sotieitor  of  the  Trea>liry,  and  tliat  said  Sobcilor  lie  tlireeted  to  obtain  full  infor- 
mation as  to  tlie  facts  of  said  ease,  and  to  receive  i-ucii  le;,'al  proof  ;rs  petitioners  may 
ftabmit  to  him;  and  that  he  make  n  fall  report  thereof.  a>  to  the  said  ea^e.  to  the  Se- 
nate; and  that  in  the  meantime  liie  Holieitor  ho  authorized,  in  hie  disi'telion,  to  sus 
pend  proceedings  againM  the  petitioner-- 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Military  Affairs  upon  the  memorial  of  Joshua.  Shiiw;  anil  in 
conourienee  therewith  it  was 

Ordered,  That  the  committoo  bu  dischargoil  from  the  further 
consideration  of  the  memorial. 


The  Senate  proceeded  to  consider  the  report  of  the  Committee 
of  Claims  upon   the   petition  of  Sarah   Hubbard;  and  it  was 

Ordered,  That  the  committee  be  discharged  from  the  further 
consideration  of  the  petition. 

The  Senate  proceeded  to  consider  the  report  of  the  Commitleo 
on  Revolutionary  Claims  upon  the  memorial  ol  Robert  I  latt, 
heir  and  legal  representative  of  Daniel  Piatt;  and  it  was 

Resolved,  Tlial  the  prayer  of  the  pelition  be  rejected. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
of  Claims  upon  the  memorial  of  the  heirs  of  Major  Caleb  Swanu; 
and  in  eoncurrence  therewith  it  was 

Ordered,  That  the  committee  be  discharged  from  the  further 
consideration  of  the  petition. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Revolutionary  Claims  upon  the  memorial  of  Nathan  Lammes 
executor;  and  in  concurrence  therewith  it  was 

Resolved,  That  llic  prayer  of  llie  petition  be  rejected. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Pensions  upon  the  petition  of  Elizabeth  McDougall;  and  in 
concurrence  therewith  it  was 

[icsolvod.  Tliat  the  prayer  of  the  petition  ought  not  to  be  granted. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
of  Claims  upon  the  petition  of  Richard  G.  Dove  ;   and  it  was 
Risolvid,  That  the  prayer  oftlic  petition  be  rejected. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Commerce,  on  the  petition  of  certain  citizens  of  the  United 
States,  relative  to  "  Evans'  safety  guard''  for  steam  engines  ;  and 
in  concurrence  therewith  it  was 

Ordered,  That  the  committee  be  discharged  from  the  further 
consideration  of  the  petition. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
of  Claims,  upon  the  petition  of  John  S.  Harris;  and  it  was 

flcsoiutrf.  That  tlie  committee  be  discharged  from  the  furtlier  consideration  of  the 
petition  of  John  S.  Harris;  and  Uial  lie  have  leave  to  withdraw  the  voucheis  filed 
by  liim.  ^ 

The  Senate  proceeded  to  consider  the   report  of  the  Committee 
on  Finance  upon  the  petition  of  John  W.  Leuchs  ;  and  it  was 
Resolved.  That  the  prayer  of  the  petitioner  cannot  be  granted. 
The  Senate  procecdeil  to  consider  the  report  of  the  Committee 
on  Patents  and  the  Patent  Office  upon  the  petition  of  James  Har- 
lev;  and  in  concurrence  therewith  it  was 

Ordered,  That  the  committee  be  discharged  from  the  further 
consideration  of  the  petition. 

The  Senate  prooe*ded  to  consider  the  report  of  the  Committee 
on  Patents  and  the  Patent  Office  upon  the  petition  of  Joseph  Nock; 
and  in  concurrence  therewith  it  was 

Ordered,  That  the  committee  be  discharged  from  the  further 
consideration  of  the  petition. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  tho  Judici^.ry  upon  the  petition  of  Sarah  Ten  Eyck;  and  it  was 
Ordered,  That  the  committee  be   discharged   from   the  further 
consideration  of  the  petition. 

The  Senate  proceeded  to  consider  the  resolution  submitted  on 
the  15th  March  last,  to  compensate  James  Moore  for  services  ren- 
dered, and  the  report  of  the  committee  to  audit  and  control  the  con- 
tingent expenses  of  the  Senate  thereon,  and  in  concurrence  with 
said  report,  the  resolution  was  disagreed  to. 

THE   YUCATAN  BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  consid- 
eration of  the  bill  to  enable  tho  President  of  the  United  States  to 
lake  temporary  military  occupation  of  Yucatan. 

Mr.  DAVIS,  of  Massachusetts. — In  tho  few  reninrkswhich  I  pro- 
pose to  make  upon  this  subject,  I  shall  not  attempt  to  confine  my- 
self to  the  amendment,  which  itlono  is  appropriately  under  discus- 
sion, or  to  disoriminutc  between  the  amendment  and  the  bill,  but 
rather  to  the  general  tiiicstiun  which  is  presented  lor  the  consider- 
ation ol  tho  Senate.  Some  time  ago,  sir,  we  were  admonished 
that  a  message  would  be  sent  in  by  the  Executive,  demanding 
our  immediate  attention — a  message  emergent  in  its  characler, 
relating  to  a  matter,  as  was  generally  understood  in  the  Senate, 
which  admitted  of  no  delay.  Tho  message  came  here,  sir,  ac- 
compttnied  bv  certain  documents;  and  thereon  a  bill  was  reported, 
tho  title  of  which  you  have  just  read — a  bill,  sir,  proposing  to 
t.ike  temporary  niilit.try  occupation  of  the  State  of  Yucatan,  and 
proposing  not  to  send  our  assistance,  as  many  suppose,  to  a  coun- 


May    11. J 


TEMPORARY  OCCUPATION  OF  Y¥CATAN. 


611 


try  distressed  and  demanding  aid  from  our  luuiianity,  to  save  tlie 
inhabitants  IVom  extermination;  not  to  send  them  troops  to  assist 
in  maintaining  their  jurisdiction  over  their  territory,  and  thus  es- 
tablishing their  autliority,  but  to  take  possession  in  our  own  name, 
and  maintain  it  in  our  o'vn  right,  by  establishing  a  government  of 
our  own.  It  is  not,  therefore,  a  mere  question  of  luimanity,  but 
one  of  appropriation  to  our  own  use,  and  therelore  involves  con- 
siderations of  very  grave  character,  and  for  one,  I  am  greatly 
obliged  to  the  honorable  Senator  from  South  Carolina,  who  so 
promptly  met  this  subject  at  the  outset,  and  warned  the  public  of 
Its  importance.  It  comes  here,  sir,  assuming,  as  a  pretext,  the 
claims  of  humanity.  That  was  the  principal  ground  upon  which- 
at  first,  it  was  placed.  There  has  been  information  repeatedly 
demanded  since  upon  the  subject,  and  wo  have,  I  believe,  no  less 
than  three  instalments  of  documents  and  messages  now  in  print, 
which  have  been  furnished  by  the  Executive,  which  are  now  lying 
on  my  table,  furnishing  information  relative  to  this  subject;  and, 
sir,  upon  what  basis  does  the  matter  stand  at  this  moment?  If  I 
may  be  permitted  to  express  an  opinion,  with  all  due  respect  to 
gentlemen  who  take  contrary  posilions,  I  would  sav  that  all 
grounds  of  humanity  are  substantially  abandoned,  and  that  we  are 
called  on  now  to  act  upon  a  question  of  expediency.  It  seems  to 
me,  sir,  to  have  astumed  that  shape  and  form,  and  for  one,  I  am 
greatly  obliged  to  the  chairman  of  the  Committee  on  Foreign  Re- 
lations for  his  frankness.  He  did  not,  in  the  course  of  his  remarks, 
omit  to  urge  our  duty  on  the  score  of  humanity;  still  he  chiefly  dis- 
cussed the  higher  and  more  important  bearing  of  the  question — 
the  expediency  of  acquiring  the  territory  Inr  our  own  u'-e.  The 
chairman  of  the  Committee  on  Military  Affairs,  the  distinguished 
Senator  from  Michigan,  who  occupied  our  attention  through  the 
day,  yesterday,  employed  the  greater  portion  of  his  time  in  labor- 
ing to  prove  that  it  is  not  only  expedient,  but  our  duty  to  take 
possession  in  some  way  or  by  some  means,  which  he  does  not  very 
satisfactorily  explain,  of  the  whole  coast  of  the  Gulf  of  Mexico; 
and  why  is  this  necessary  or  expedient  ?  Because,  arcfued  the 
gentleman,  it  is  for  the  interest  of  this  country  so  to  do.  We 
have,  he  urged,  a  great  commerce  passing  through  this  gulf,  which 
may  be  interrupted  by  others,  if  they  possess  the  adjacent  coun- 
try, and  therefore  we  ought,  for  our  own  security,  to  hold  the 
whole  coast.  That  is  the  argument,  sir,  stripped  of  all  iilausibility; 
this  the  object  to  be  attained,  and  wc  are  to  begin  by  making  Yu- 
catan our  own.  Without  at  present,  dwelling  longer  upon  this 
aspect  of  the  case,  it  is  enough  for  me  hero  to  say,  that  the  ques- 
tion has  now  become  a  very  important  one.  It  has  become  one 
that  demands  the  gravest  consideration  of  this  government,  and 
may  involve  consequences  of  a  very  alarming  character. 

First,  then,  sir,  it  is  desirable  to  understand  why  it  is  that  the 
Yucatanese  apply  to  us  for  aid,  and  an  armed  force;  and  secondly, 
the  terms  upon  which  it  is  proposed  that  we  shall  lend  our  aid  and 
assistance.  We  are  told,  sir,  that  in  Yucatan  there  exists  a  civil 
war.  and  that  one  of  the  parties  cnaaged  in  the  contest  applies  to 
the  United  States  for  assistance.  This  party  is  represented  to  be 
the  existing  government  of  Yucatan — a  government  that  sends 
here  the  representation  that  she  has  no  power  to  hold  in  subjection 
the  opposition  existing  against  it;  and  is  incapable  even  of  sup- 
porting itself  against  that  opposition;  and  that  the  force  arrayed 
against  it  is  so  irresistible  in  its  character,  that  unless  assistance 
is  extended  to  ihem  in  order  to  drive  it  back,  it  will  eventually 
overwhelm  the  government,  if  it  does  not  exterminale  the  white 
race  altogether.  That  is  the  substance  of  the  representation  made 
on  this  subject.  That,  according  to  the  statement  of  the  commis- 
sioner, is  the  condition  of  the  party  which  applies  to  us  for  assis- 
tance. Sir,  it  is  said  to  be  a  contest  between  races— castes  of  men. 
I  deny  this,  Mr,  President.  If  it  be  meant,  when  that  assertion  is 
made,  that  there  is  an  insurrection  in  which  the  whole  Indian  or 
indigenous  race  of  Yucatan  are  arrayed  against  the  white  po|iula- 
tion,  I  allirm  that  the  contents  of  the  documents  upon  our  table 
justify  no  such  conclusion.  On  the  contrary,  one  of  the  oflicers  of 
our  own  government,  Mr.  McKenney.  of  the  navy,  in  his  despatch, 
points  out  the  extent  of  this  rebellion — the  portion  of  the  country 
in  which  it  has  and  does  rage,  and  the  number  of  the  population 
engaged  in  it.  He  estimates  the  number  of  these  Indians  thus  en- 
gaged, including  all  ages  and  sexes,  at  one  hundred  and  twenty 
thousand.  Now,  it  appears,  as  an  indisputable  fact,  that  the 
■whole  amount  of  this  class  of  the  population  of  Yucatan  is  between 
five  and  six  hundred  thousand.  The  exact  amount  I  am  unable  at 
present  to  determine  to  my  own  satisfaction,  but  gentlemen  all 
around  me  estimate  it  to  be  greater.  Of  these  live  or  six  hundred 
thousand  Indians,  then,  only  some  one  hundred  and  twenty  thou- 
sand are  engaged  in  an  insurrection  or  civil  war.  The  remainder 
are  passive  and  obedient  to  all  existing  law.  I  deny  then,  sir, 
that  this  is  a  war  between  the  races  waged  generally  in 
Yucatan.  It  embraces  only  an  inconsiderable  portion  of  the 
indigenous  or  Indian  race,  and  is  not  a  general  rising  to  ex- 
terminate the  whites.  These  despatches  emphatically  confirm 
this  view.  This  same  officer,  (Mr.  McKenney,)  as  well 
as  others,  inform  us  that  the  mixed  race,  partly  Spanish,  partly 
Indian,  have  their  sympathies  and  feelings  upon  the  question  in 
dispute,  which  are  decidedly  with  the  Indians.  I  might  notice,  sir, 
another  fact  stated  by  one  of  our  own  olficers  in  his  despatch  that 
this  war  was  not  commenced  without  cause  or  provocation  n-iven 
to  the  Indians  on  the  part  of  those  who  appeal  to  us  for  aid.  '^  Sir, 
we  have  heard  but  one  side  of  the  question,  stated  in  such  terms 
and  with  such  aggravations  as  sell-interest  dictates.  Are  these  In- 
dians at  war  as  has  been  suggested,  for  the  love  of  blood,  or  from 
s  desire  to  exterminate  theii  white  associates,  or  is  it  because  they 


have  been  wronged,  and  are  now  seeking  redress  by  force  of  arms  ? 
I  need  not  enter  here  upon  the  injustice  that  has  been  done 
to  the  race  from  time  immemorial,  but  I  may  state  their  recent 
wrongs,  1  may  say  that  it  was  through  their  aid  and  instrumental- 
ity that  eleven  thousand  ot  the  Mexican  troops,  under  the  com- 
mand of  Santa  Anna,  in  an  invasion  of  tile  State  of  Yucatan  bv 
the  Mexican  government,  were  expelled  frnm  the  borders  of  that 
province.  Sir,  they  may  be  ferocious,  but  if  tha  evidence  is  relia- 
ble, they  are  a  brave  and  fearless  people.  In  consequence  of  the 
aid  tims  furnished  them  by  the  Indians  against  their  invaders,  the 
government  of  Yucatan  promised  them  to  remit  the  capitation 
tax,  an  odious,  oppressive  exaction.  Their  then  fiovcrnor  Men- 
dez,  who,  by  one  of  their  pronunciamentos  superseded  one  Barba- 
chano  holding  the  situation,  refused  to  abide  by  the  terms  of  his 
own  agreement.  He  gave  orders  to  have  the  tax  collected,  though 
he  had  been  paid  with  blood  for  the  remission  ;  a  refusal  followed, 
and  the  consequence  was,  as  Lieut.  Hcrndon  of  the  navy  states, 
some  of  the  Indians  were  butchered.  That  is  the  way,  sir.  the 
war  began,  in  bad  faith  and  cruel  murder  by  Mendez  and  his  party. 
The  government  refused  to  fulfil  their  solemn  arrangement  enter- 
ed into  with  this  humble,  but  brave  people,  reluisng  the  jtrivilege 
which  they  had  purchased  with  their  blood,  and  the  result  is,  what 
might  be  anticipated  from  such  treachery,  a  civil  war.  That,  sir, 
I  under.stand  to  be  the  present  condition  of  these  races — the  origin 
of  the  war. 

We  find,  sir,  that  these  Yucatanese,  who  come  here  soliciting 
our  assistance,  are  represented  in  the  despatches,  not  only  as  the 
weaker  party,  but  as  a  pusillanimous,  miserable  people,  utterly  in- 
capable of  defending  or  protecting  themselves,  proof  of  which 
will  be  found  in  the  letter  of  Commodore  Perry.  Lieut.  Mason, 
who  has  associated  with  them  freely,  calls  them  a  cowardly  race, 
and  another  of  our  olficers  expresses  it  as  his  opinion,  that  they 
are  incapable  of  making  any  substantial  defence  against  the  reso- 
lute force  arrayed  against  them.  At  page  17  of  same  despatch  it  is 
said,  that  after  having  raised  an  army,  and  giving  to  it  something 
like  organic  form,  a  large  portion  of  the  soldiers  deserted.  This 
is  the  general  character  of  the  party  we  are  invited  to  assist  against 
an  Indian  force,  which  the  fears  of  this  flying  people  have  never 
magnified  beyond  four  thousand. 

Sir,  the  evidence  to  which  I  have  adverted  is  derived  from  our 
own  oflScers  and  the  Yucatanese  commissioner,  and  gentlemen 
can  easily  satisfy  themselves  by  reading  the  papers,  if  1  err  in  af- 
firming that  this  is  not  a  war  of  extermination  between  races. 
The  Indians  had  just  cause  for  revolt  in  the  bad  faith  of  Mendez. 
We  have  seen  that  this  refusal  to  remit  the  capitation  tax 
led  to  bloodshed.  The  ambition  of  wily  leaders  with  their  parti- 
zans,  alike  devoid  of  good  faith  and  patriotism,  converted  the 
struggle  into  a  party  contest,  headed  by  the  former  Governor  on 
the  one  hand,  and  the  man  in  power  on  the  other.  An  officer  in 
the  navy  declares  them  to  be  politicians  engaged  in  partizan  war- 
fare, in  which  each  assails  the  other  with  such  force  as  he  can  com- 
mand. 

We  learn  from  the  same  papers  what  the  character  of  the  peo- 
ple is,  whom  we  are  called  upon  to  subdue.     Need  I  add  to  what 
I  have  said,  that   it  is   through  their  gallantry  and  services,  bar- 
barians as  tiiey  are  represented  to  be,  that  the  army  of  the  Mexi- 
can States,  when   they  waged   war  upon  Y'ueatan,  were  expelled 
from   the   country.     1  do  not  mean   that  this   is  said   in  so  many 
words  in  these  despatches,  but  it   is  an  irresistable  inference  from 
the  facts  therein  stated,  if  we  take  in  connection  with  them,  the 
inci.pacity  of  the  whites   to  make  resistance.     Sir,  what   are  the 
numbers  of  this  class  applying  for  protection,  compared  with    that 
of  the  Indian  population  ?     These  Indians  not  only  have  strength, 
fortitude,  and  courage,  but  we  are  often   assured  by  the  evidence' 
before  us,  that  their  numbers  greatly  exceed  those  of  the  Spanish 
population.     They  constitute   the  principal   portion  of  the  inhabi- 
tants of  that  country.     We  are  asked,  then,  sir,  to   interfere   be- 
tween  these  two  races,  both   acknowledged  citizens  of  the  State, 
to  establish  the  power  and  authority  of  those  of  Spanish  descent, 
amounting  to  some  50,001),  and   to  bring  into  subjection  the  abori- 
ginal inhabitants,  as  well  as  the  mixed   race,  amounting  to  some 
(JOO  Olio.     Mr.  President,  is  the   class  of  Indians  referred  to,  what 
they  are  represented  to  be  by  the  commissioner,  and  in  this  debate, 
savages  (     Do  they  deserve  to  be  placed  among  the  races  of  bar- 
barians ?     It  is  a  fact,  that  when  the  constitution  of  Yucatan  was 
formed  years  ago,  these  people  were  admitted  to  all  the  rights  of 
citizenship,  and  that  they  have  exercised  these  richts  as  fully  and 
as  unqualifiedly  from  that    period  to  the   present,  as  any  other  of 
the  inhabitants  of  that  Slate,     This  fact  is  stated  in  various  places, 
upon  the  authority  of  many  individuals,  and  among  them  the  com- 
missioner.     He   informs    us   that   they   were    not   only  admitted 
to  all  the  rights  and  privileges  of  citizenship,  but  have  held  many 
offices  in  the  State,  and  have  filled  many  political  stations  of  honor 
and  responsibility.     I  think  too,  it  must  be  within  the  recollection 
of  many  gentlemen,  that  one  of  this   race   of  Indians,  I  know  not 
wlv'.her    a   Y''ucatanese,    represented   the    Mexican    government 
in  a  diplomatic  station  bore.     By  what   right,   then,   do  you  call 
this  whole  people  a  race  of  savages  ?     By  what  right  do  you  stig- 
matize them  as  uncivilized,  degraded  savages?     The  larger  por- 
tion of  them  are  probably   in   a  comparative  degraded  condition  ; 
but  they  have  had  the  benefit  of  an  intercourse  with  civilized  soci- 
ety for  some  three  hundred  years,  and  it   is-  idle  to  say  that  they 
have  not  profited  by  it.     I  do  not  understand  them  to  be  a  set  of 
nomadic  tribes  ;  but  in  the  main,  a  people  who  have  fixed  habita- 
tions, live  by  cultivation  of  the  soil,  or  are  collected  in  villages, 
towns,  and  cities,  tbe  same  a«  other  inhabitants  of  that  country. 


612 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Thursday, 


I  do  not  suppose  this   description  of  their  way  of  living  is  appli- 
cable to  all,  but  it  is  to  a  portion  of  them,  and  a  largo  one  too. 

Now,  sir,  what  are  we  asked  to  do  ?  Whv,  to  take  military 
occupation  of  this  country.  The  Senator  from  Alabama  explained 
and  developed  the  meaning  of  thi,s  term  a  little  in  the  amendment 
which  ho  offered.  We  are  to  take  and  keep  (lossession  of  the  conn- 
try  until  the  weaker  portion  of  the  people  are  capable  of  protecting 
themselves,  or  the  Mexican  frovernment  is  able  tn  render  them 
suitable  protection.  Now,  if  these  one  hundred  and  twenty  thou- 
sand Indians,  including  men,  women,  and  children,  are  sufficient 
to  expel  the  Mexican  people  from  the  country,  and  to  cause  them 
to  send  a  representative  here  to  beg  our  assistance,  how  long,  al- 
lowing we  take  possession,  shall  we  have  to  wait  for  this  jieople 
to  grow  sufficiently  strong  to  take  care  of  themselves  ?  II  these 
savage  people  have  expelled  Mexican  armies — one  of  five  thou- 
sand, and  another  of  eleven  thousand,  at  different  times  from  the 
country — how  long  shall  we  have  to  keep  possession  of  Yucatan 
before  Mexico  herself  would  be  able  to  afford  the  requisite  protec- 
tion ?  When,  I  ask,  sir,  in  view  of  these  circumstances,  is  this 
temporary  occupation  to  end  ?  Mr.  President,  while  we  are  play- 
ing upon  the  word  "temporary"  do  we  not  mean,  in  reality,  a  per- 
manency, a  continuous  occupation  of  the  territory  ?  The  lacts  and 
circumstances  of  the  case,  justify  us  in  this  interpretation.  Who 
is  to  decide  upon  the  period  when  they  will  be  able  to  take  care  of 
themselves?  This  question,  in  my  opinion,  is  easily  answered. 
The  portion  that  comes  here  for  aid,  do  not  mean  to  take  care  of 
themselves.  The  boon  they  chiefly  desire,  as  every  gentleman 
will  learn  by  reading  the  despatches  relating  to  this  matter,  is, 
not  protection  against  the  Indian  race  so  much  as  against  the  Mex- 
ican States.  They  are  most  anxious  to  obtain,  at  our  hands,  the 
assistance  requisite  to  repel  aggression  from  the  United  Mexican 
States,  because  of  the  rebellion  they  have  entered  into,  and  the 
Course  they  have  pursued,  for  which  thev  will  be,  as  they  fear,  vis- 
ited with  retributive  vengeance  by  tlie  remaining  eoid'ederated 
States.  The  United  Mexicans  will  not  so  much  protect  them,  as 
hold  them  accountable  for  treasonable  desertion  ;  and  this  is  the 
last  thing  they  desire,  as  I  shall  soon  show  by  their  attempts  to 
frustrate  the  pending  treaty.  They  want  to  be  protected  against 
these  States,  instead  of  looking  for  protection  from  them  ;  and 
this  is  not  a  matter  of  inference  from  the  evidenee,  but  one  of  di- 
rect avowal  in  the  most  unequivocal  language. 

Now,  Mr.  President,  I  do  not  propose  to  dwell  on,  or  reason 
upon  these  facts,  for  they  speak  a  language  plain,  strong,  and 
conclusive  in  its  character,  needing  no  aid  from  arcumenf. 
-It  is  enough  to  slate  the  plain  history  in  its  simplest  lorm, 
to  show  at  once  the  issue  which  is  raised.  Mexico  is  chiefly 
feared,  and  the  only  remedy  for  this  is,  permanent  occupation.  Wis 
do  not  propose  to  lend  aid  to  another  power,  but  to  lake  posses- 
sion, or,  in  one  word,  to  annex.  I  am  grcotly  obliged  to  the  Se- 
nator from  Michigan,  who,  I  think,  in  the  elaborate  argument 
which  we  listened  to  yesterday,  devoted  himself  mainly  to  the  ques- 
tion which  i.s  really  to  be  settled.  I',  is  in  fact  a  question  of  an- 
nexation, and  we  are  to  decide  whether  we  will  assume  a  perma- 
nent, lasting  jurisdiction  over  the  country,  and  take  the  responsi- 
bility which  will  come  with  it.  That  is  the  real  inquiry.  Sir,  I 
cannot  avoid,  in  looking  over  these  papers,  in  listening  to  the  ar- 
guments of  gentlemen  and  their  conclusions,  with  the  probable  con- 
sequences, calling  to  miml  some  of  the  history  of  this  government. 
It  IS  a  recent  matter  tha!  Texas  was  introduced  here  ;  and  how 
came  she  to  be  united  to  us  as  an  integral  part  of  this  Union  ? 
And  what  have  been  the  consequences?  The  facts  surrounding 
that  event  were,  in  some  respects,  similar  to  those  now  before  us; 
but  in  others,  dissimilar  ;  though  on  the  whole,  the  question  was 
ranch  less  preghant  with  mischief  than  the  one  we  arc  now  to  de- 
cide. She  had  been  separated  by  rebellion  from  the  Mexican 
States.  Not  only  was  she  separated,  but  her  independence  had 
been  recognized  by  the  United  States  and  several  European  go- 
vernments, and  lor  herself,  for  several  years,  she  had  maintained 
an  independent  jurisdiction  over  the  territory  which  .she  had  con- 
quered. A  war,  however,  existed  between  her  and  the  parent 
country,  notwithstanding  her  assumed  indepcmlence  ;  and  it  was 
said,  that  if  we  should  annex  Texas  we  should  also  assume  the 
war,  because  Mexico  had  never  surren  lercd  or  abandoned  her  right 
to  subject  the  rebellious  State  to  her  duty.  That'was  the  reason- 
ing adopted.  And  although  the  President  was  pleased  to  say  in 
his  first  annual  message,  delivered  in  December  after  his  inaugura- 
tion, that  the  annexation  of  Texas  was  a  bloodless  victory  and  a 
peaceful  nehievement,  yet  every  body  knows  and  sees  at  this  mo- 
ment, this  country  is  involved  in  a  war,  wasting  our  blood  and 
treasure,  produced  by  that  annexation.  I  know  ihero  are  pol- 
iticians who  sometimes  stand  up — I  don't  know  whether  they 
believe  it  or  not — and  argue  that  annexation  did  not  brin"'  war 
with  It.  Bui  I  give  my  friend,  the  Senator  from  the  Stale  of 
Texas,  [Mr.  Houston,]  full  credit  for  his  frankness  upon  this 
subject.  He  told  us,  in  so  many  words,  the  other  day,  that  it  did 
bring  war  with  it  ;  and  that  wc  were  now  engaged  in  hostilities 
with  Mexico  in  consequence  of  the  act  of  annexation.  The  same 
opinion  was  expressed  by  some  of  the  distinguished  members  on 
the  other  side  of  the  chamber,  in  a  debate  which  took  place  at  the 
last  session.  This  opinion  has  been  thus  ojienly  avowed  as  a  fact. 
And  if  it  were  not,  there  are  other  facts,  sustaining  that  declara- 
tion  loo  clearly  to  have  any  doubt.  Is  there  (Ml,  then,  a  resem- 
blance between  the  slate  of  affairs  at  the  lime  Tcxat  applied  for 
admission  into  this  Union,  with  the  stale  ol'  affairs  now  existing  in 
relation  to  Yucatan — a  resemblance  too  identical  to  escape  obser- 
vation ?    Texas  applied  for  admission  when  ia.  a  sl»iu  of  war  wilU 


the  States  of  Mexico,  caused  by  her  ceeession  and  rebellion.  Now, 
I  do  not  say  that  a  stale  of  war  exists  between  Yucatan  and  the 
Stales  of  Mexico,  but  I  do  say,  that  Yucatan  claims  to  have  rebelled 
against  the  Mexican  government,  and  to  consider  herself,  in  conse- 
quence of  that  act,  to  be  in  a  neutral  position  towards  the  United 
Slates,  and  to  fear  punishment  from  Mexico  for  disobedience,  as 
soon  as  she  is  able  to  inflict  it.  Her  course  has  not  been  marked 
by  firmness  of  purpose,  or  adherence  to  principle,  but  is  more  the 
result  of  caprice  or  weakness  in  Mexico,  than  of  fortitude  or  fixed 
purpose  in  herself.  Afler  the  commencement  of  the  war,  although 
some  difiieulties  existed  between  Mexico  and  Yucatan,  she  volunta- 
rily bowed  her  neck  and  gave  in  her  adhesion  to  Santa  Anna,  the 
Dictator'  and  cooperated  with  him,  while  she  believed  success 
would  follow  his  arms.  She  claimed  to  be  a  State  of  Mexico,  an 
integral  part  of  the  confederacy,  but  when  the  day  of  disaster  came 
— when  defeat  followed  defeat — and  Mexico,  in  its  greatest  ex- 
tremity, demanded  the  aid  and  support  of  all  her  citizens,  then  it 
was  that  Yucatan,  abandoning  her  sister  Slates,  took  refuge 
under  professed  neutrality.  The  posture  which  she  occupies  is 
equivocal,  and  allords  little  proof  of  attachment  to  principle  or 
patriotism.  The  President  says  in  regard  to  the  war  with  Mexi- 
co, that  the  relation  of  Yucatan  to  the  other  Mexican  States,  has 
hitherto  prevented  the  Uuited  States  from  recognizing  her  as  an 
independent  State.  The  President  manifestly  considers  Yucatan 
part  of  confederated  Mexico,  notwiths'.anding  her  professions  of 
neutrality,  and  is  not  alone  in  his  opinion.  One  of  the  Senators  on 
the  other  side  of  the  chainber,  states  that  the  only  ground  upon 
which  the  proposed  interference  can  be  justified,  is,  that  a  war  ex- 
ists between  Mexico  and  the  United  States,  and  Yucatan  being  an 
integral  part  of  the  Mexican  States,  we  have  a  right  to  enter  it 
with  an  armed  lorce,  and  to  lake  possession.  According  to  the 
argument,  therefore,  our  right  to  interfere  is  derived  from  the  fact, 
thai  Yucatan  is  now  a  Mexican  Stale,  and  belongs  to  the  confed- 
eracy, and  neither  is  a  neutral  nor  an  independent  State.  Her 
position,  theretbre,  is  far  less  favorable  for  annexation,  than  that 
of  Texas  when  she  applied  for  admission  into  our  Union.  Texas 
was  recognized  by  the  Uuited  Slates,  as  an  independent  Slate  be- 
fore she  asked  for  annexalionj  and  then  sought  it,  not  only  by  her 
government,  but  the  whole  people  requested  it.  This  was  the 
posture  of  Texas.  She  was  in  rebellion,  and  so  is  Yucatan.  The 
government  arid  the  people  of  Texas  approved  of  the  measure, 
while  only  a  faction — a  weak,  contemptible  minority  of  the  people 
of  Yucatan,  with  the  civil  powers  falling,  I  believe  actually  fallen 
from  their  hands,  demand  it — not  from  legard  to  us,  but  for  pro- 
tection against  their  own  fellow-citizens.  They  ask  us  to  wage 
war  upon  their  neighbors  in  a  civil  contest  against  the  niauy,  lor 
the  benefit  of  the  lew — while  the  only  pretext  of  right  which  we 
have  to  engage  in  such  a  controversy,  is  founded  on  the  fact,  that 
we  are  at  war  with  Mexico. 

They  entreat  us  to  do  this,  and  assume  the  responsibility  which 
belongs  to  it,  which  will  prove  to  be  nothing  less  than  a  prolonga- 
tion of  the  war,  which  we  have  been  exerting  ourselves  to  bring  to 
an  end.  While,  therefore,  there  is,  in  many  important  features,  a 
resemblance  between  Texas  and  Yucatan,  yet  the  posture  of 
the  former  was  such  as  lo  be  comparatively  free  from  objection, 
when  she  asked  for  annexation  and  yet  it  produced  a  calamitous 
war,  which  is  not  yet  ended,  nor  is  it  at  all  certain;  when  it  will 
be — a  war  that  is  wasting  the  valuable  lives  of  our  citizens,  and 
loading  us  with  an  accumulation  of  debt,  which  will  oppress  us 
for  many  years.  It  is  too  manifest  lo  admit  of  doubt,  thai  if  under 
existing  c.rcumstances,  we  enter  Yucatan  lo  settle  domestic  quar- 
rels, and  for  the  jiurpose  of  establishing  our  authority  there,  we 
shall  be  in  the  greatest  danger  of  interrupting  the  negotiations 
now  going  on,  and  of  perpetuating  the  war. 

But  I  have  thus  far.  followed  out  chiefly  the  views  of  those  who 
profess  to  be  influenced  by  humanity.  There  are,  however,  other 
reasons  alleged  for  the  adoption  of  this  measure,  which  throw  all 
considerations  of  humanity  into  the  shade.  Indeed,  1  cannot  help 
thinking  that  humanity  is  already  substantially  laid  out  of  tlic 
question,  and  we  are  meditating  in  its  stead  an  ambitious  aggres- 
sive policy.  Humanity,  I  fear,  has  become  a  mere  pretext  to 
•over  other  designs. 

The  Senator  irom  Michigan  hardly  condescended  to  notice  the 
argument  of  hiiiiiaiiity,  but  placed  himself  on  other,  and  in  my 
opinion,  more  alarming  and  tiangcrous  ground.  \Vliat  did  he  un- 
dertake to  establish  in  an  elaborate  speech,  as  the  doctrine  which 
aught  to  prevail  in  this  country  ?  Why,  that  we  shall  possess  our- 
selves of  the  whole  coast  along  the  Gulf  of  Mexico.  I  do  not 
know  that  he  advised  to  direct  interference  by  violence,  but  if  1 
did  not  misunderstand  him  altogether,  ho  thought  it  wise  and  ex- 
licdicnt,  that  the  policy  of  ihis  country  should  be  directed  to  that 
contingency  with  great  earnestness.  It  may  be  very  convenient 
for  this  country  to  possess  the  Gulf  of  Mexico,  and  we  may  have 
the  greater  security  to  oni  borders  as  the  result.  A  desirable  ob- 
ject, truly.  But  ii  is  worthy  of  the  consideration  of  the  Senate, 
whether  It  is  expcdjent  lo  com|)rouiit  the  peace  of  this  country, 
and  wade  through  blood  and  desolation,  to  the  attainment  of  such 
an  object.  Whether  in  a  word,  it  is  desirable  to  provoke  hostili- 
ties with  countries  capable  of  doing  us  much  greater  mischief  than 
Mexico. 

I  was  not,  Mr.  President,  quite  able  to  see  the  force  or  jus- 
tice, in  the  reasoning  adopted  by  the  Senator  from  Michigan, 
He  skclchcd  at  mucii  length  the  geographical  position  of  Mexico, 
also  of  Cuba,  and  the  breadth  of  the  channels  leading  into  and  out 
of  the  Gulf,  and  enjoyed  by  the  oommerce  ar.d  navigation  of  the 
world.    Ho  proceeded  to  extend  his  ideas,  sir,  in  proportion  to  the 


May  n.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


613 


extent  of  his  sulijeet,  shadowing  forth  views  of  our  glory,  of  our 
brilliant  destiny,  and  of  the  necessity  which  existed,  in  order  to  the 
continuance  of  that  glory  and  prosperity,  of  taking  possession  of  the 
gulf  coast,  to  make  room  for  the  trade  and  population  of  this  coun- 
try. Did  he  go  far  linough,  sir  ?  If  the  honorable  gentlemen 
CDuld  acquire  all  he  aims  to  possess,  embracing  the  coast  of  the 
entire  gulf,  together  with  Cuba,  would  his  object  be  accomplished  ? 
commerce  and  navigation  then  bo  out  of  the  reach  of  English 
power?  Look  at  the  track  of  trade,  and  you  will  find  that  the 
West  India  and  Baliama  Islands,  are  all  in  the  way  to  your  pri- 
mary ownership.  'I'licre  is  as  much,  and  more  necessity  for  pos- 
sessing them,  as  for  possessing  either  of  the  other  points  alluded 
to.  in  one  channel,  the  great  highway  of  our  trade,  lies  the  Ba- 
hamas, with  every  means  of  annoyance,  good  harbors  and  abun- 
dant resources,  and  in  the  other,  Jamaica,  equally  potential,  and 
as  controlling  from  position,  as  Malta  is  in  the  Mediterra- 
nean. What  will  he  do  with  another  difficulty  that  exists?  He 
proposes  to  possess  himself  of  Yucatan.  Very  well,  where  is 
Belize,  and  who  possesses  it?  This  colony  lies  in  the  limits 
of  Yucatan,  and  is  possessed  by  the  English,  not  as  marau- 
ders, as  has  been  thrown  out,  but  under  lawful  title.  They 
have  undoubted  possession  of  that  country,  and  that  possession  is 
sanctioned  by  all  the  solemnities  of  a  treaty  of  ancient  date.  Who 
that  has  been  attentive  to  the  history  of  commerce  and  navigation, 
does  not  know  that  the  English  have  had  establishments  upon  the 
waters  of  the  Bay  of  Honduras  for  centuries  ?  For  a  period  of 
eighty  years  they  held  jurisdiction  over  a  considerable  portion  of 
the  Mosquito  coast.  At  the  time  of  the  treaty  o(  1783,  which  es- 
tablished the  independence  of  this  country  in  the  general  settlement 
made,  not  only  between  Great  Britain  and  the  United  States,  but 
between  Great  Britain,  Spain,  and  Franee  ;  a  treaty  was  agreed 
upon  lietween  Spain  and  Great  Britain  in  which  a  provision  was 
inserted  authorizing  England  to  occupy  and  enjoy  forever  this  coun- 
try called  Belize,  for  the  purpose  of  cutting  logwood.  That  right 
they  have  enjoyed  until  the  present  time.  When  my  learned  friend 
proposes  to  dispossess  the  Yueatanese  of  their  country,  and  to  an- 
nex it  to  the  United  States,  because  the  safety  of  our  trade  de- 
mands it,  I  desire  to  know  whether  he  means  to  annex  Belize,  and 
if  this  is  intended  by  the  bill  ? 

Mr.  WESTCOTT.— The  honorable  Senator  from  Massachu- 
setts misunderstands  that  treaty,  if  he  supposes  it  grants  to  Great 
Britain  any  of  the  sovereignty  of  the  country.  It  merely  grants 
her  the  right  of  cutting  logwood. 

Mr.  DAVIS. — I  am  under  no  misapprehension  with  regard  to  that 
treaty.  I  stated  that  its  terms  were  such  as  to  authorize  the  En- 
glish to  reside  there  and  cut  logwood — a  grant  of  the  right  of 
possession  made  to  them  forever  without  limitation.  They  were 
authorized  to  build  towns  and  occupy  exclusively  this  territory  de- 
signated in  the  treaty  ;  but  while  authorized  to  do  this,  they  were 
required  to  demolish  all  fortifications.  I  know  of  nothing,  how- 
ever, in  that  treaty  which  forbids  their  maintaing  a  navy  as  large 
as  they  please,  and  anchoring  it  in  the  Belize  or  otherwise  using 
the  waters  for  its  convenience.  There  is  nothing  in  the  treaty 
which  restrains  Great  Britain  from  thus  using  the  ports,  or  em- 
ploying them  for  any  purposes  of  navigation.  The  Belize  has  the 
best  harbors  in  the  whole  country.  If,  tlien,  we  do  not  annex  it, 
the  Bahamas,  Jamaica,  Stc.,  have  we  got  rid  of  Great  Britain  or 
any  other  country  that  has  possessions  in  the  gulf  or  upon  the  high- 
ways leading  to  it  ?  Have  you  warded  off  the  dangers  that  the 
honorable  Senator  apprehends  ?  Sir,  he  will  not  have  gained  an 
inch  towards  his  object.  This  treaty,  to  be  sure,  did  not  grant  the 
sovereignty  of  the  Belize  to  the  English,  but  it  gave  them  the  pri- 
vilege of  maintaining  their  possessions  there,  which  is  just  as  good 
a  grant  for  all  practical  purposes  as  the  sovereignty  itself,  and 
any  interference  brings  with  it  just  as  serious  consequences.  I  can 
see  no  difference  whatever. 

The  Senator  from  Michigan  drew  a  very  flattering  picture  of 
our  future  prosperity.  He  spoke  of  the  person  being  now  alive 
that  would  behold  in  the  valley  of  the  Mississippi,  as  I  understood 
him,  some  one  hundred  millions  of  inhabitants,  with  all  the  wealth, 
grandeur,  and  commercial  activity,  that  would  grow  out  of  that 
vast  industrial  people.  This  he  offered  as  a  reason  why  we  should 
press  forward  by  any  means  that  could  justify  us,  and  under  the 
ueolaration  of  Mr.  Monroe,  if  we  can  find  no  better  authority, 
giving  to  it  an  interpretation  which  nobody  but  ourselves  can  ac- 
quiesce in,  to  possess  ourselves  of  this  portion  of  the  country,  first 
to  make  room  for  our  growth,  and,  second,  for  fear  of  being  inter- 
rupted in  our  trade  and  commerce  by  some  other  trading  or  ambi- 
tious power.  I  think  the  Senator  from  Michigan  has  mistaken  the 
true  design  and  popular  spirit  of  this  government  entirely.  I  speak 
of  what  it  ought  to  bo,  sir,  and  with  reference  to  the  elements  of 
which  it  is  composed.  We  are  a  responsible  government,  ruling 
under  the  authority  of  the  people  of  the  country.  They  appoint 
their  own  agents  or  delegates  to  Congress,  and  invest  whomso- 
ever they  think  proper  with  a  practical  exercise  of  the  constitution- 
al provisions  for  legislation.  Now,  sir,  such  a  government  as  this, 
wherein  public  opinion  is  supreme,  demands  a  state  of  peace.  A 
sagacious,  enlightened,  comprehensive  public  mind  can  alone  be  its 
only  safe  "uide,  as  it  is  the  soul  of  public  liberty,  its  breath,  its  vi- 
tality, and  this  soul  must  be  nursed  in  the  lap  of  peace.  It  is  not 
a  government  that  is  to  flourish  under  the  old  idea  of  the  monarch- 
ical and  despotic  states  of  Europe,  that  true  fame  consists  in  a 
long  and  brilliant  history  of  military  achievements.  They  spread 
their  principles,  both  political  and  religious,  by  the  sword,  literally 
living  and  dying  by  it.  But,  sir,  what  is  such  propagandism  wortli? 


what  will  it  come  to?  We  may  by  unparalleled  bravery  and  skill  raise 
our  flag  in  foreign  countries,  and  like  the  Romans,  est  ablish  what  we 
call  free  governments,  but  all  seed  thus  sown  by  violence  and  blood- 
shed, will,  I  fear,  fail  to  produce  the  peaceful  fruits  of  public  lib- 
erty. I  would  ask,  Mr.  President,  if  it  is  not  infinitely  better  to 
rely  for  success  upon  the  convictions  of  men,  upon  the  dissemina- 
tion of  just  and  equitable  principles,  upon  the  doctrines  of  peace, 
upon  the  practical  fulfilment  of  the  doctrines  of  equal  rights  and 
equal  privileges?  These  are  not  the  doctrines  of  the  bayonet,  sir. 
You  may  carry  the  name  of  the  republic  to  South  America,  you 
may  plant  yourstandaid  entirely  around  the  Gulf  of  Mexico,  you 
may  hold  through  your  great  power  possession  of  Yucatan,  you 
may  assert  your  authority  to  Cuba,  and  even  as  far  as  the  West 
India  and  Bahama  Islands,  but  what  have  you  gained  when  you 
have  done  all  this  ?  If  you  have  not  carried  free  principles 
there,  and  respected  in  others  those  rights  which  we  demand  for 
ourselves,  of  what  avail  are  all  your  efforts — all  your  achievements? 
None  at  all.  Oppression  is  not  the  less  odious  because  it  is  done 
in  the  name  of  a  republic — violation  of  rights  is  not  the  less  pain- 
ful to  endure  because  inflicted  in  the  name  of  a  free  people.  All 
this  must  be  obvious.  And,  now,  Mr.  President,  I  earnestly  desire 
the  Senator  to  consider  what  the  peace  of  the  last  thirty  years  has 
done  for  us  and  for  mankind  !  That  period  of  peace,  sir,  has  done 
more  for  the  human  race — more  to  elevate  and  improve  the  condi- 
tion of  man,  than  all  the  wars  that  have  raged  from  the  days  of 
Alexander  down  to  the  present  time.  I  reflect  with  amazement 
upon  the  progress  of  free  and  enlightened  principles  in  a  state  of 
peace,  when  I  see  in  a  despotism  like  that  of  Austria  a  mere  voli- 
tion of  public  sentiment,  crushing  the  overshadowing  powers  of  a 
great  and  ancient  dynasty.  This  is  the  work  ol  peace,  sir,  and 
does  any  one  believe  that  if  war  had  been  continued,  moral  power 
could  have  attained  this  ascendency  ?  This  is  what  belongs  to  free 
instilntions — to  mind  left  to  freedom  of  action — to  mind  which  finds 
repose  to  deliberate.  Every  act  ofwrong  done,  sir,  by  us  upon  a  neigh- 
boring nation,  brings  ignominy  not  only  upon  us,  but  upon  our  prin- 
ciples. We  should  stop,  then,  Mr.  President,  and  consider  what  we 
do  before  we  carry  our  bayonets  into  Yucatan  for  the  purpose  of 
uniting  that  conntry  to  this.  Again,  we  should  consider,  sir,  whe- 
ther, if  we  administer  our  government  in  the  spirit  which  belongs 
to  our  constitution,  and  fully  demonstrate  to  mankind,  whose 
friends  we  profess  to  be,  the  justice  and  equality  it  asserts — the 
|)rivileges  to  the  person  and  to  property  which  it  secures — its  tol- 
erance of  opinion  on  all  subjects — the  enterprize  to  which  it  gives 
birth — and  the  unexampled  prosperity  which  it  secures — whether 
all  these  countries  will  not,  from  witnessing  our  example  of  mod- 
eration, justice,  equality,  and  security,  drop  into  our  arms,  seek- 
ing of  their  own  free  will  our  friendship,  association,  and  protection? 
Sir,  the  time  will  come,  if  we  so  conduct  our  affairs,  when  they 
will  eagerly  embrace  us,  and  desire  to  belong  to  a  family  of  states 
where  such  principles  find  root  and  grow  to  maturity.  My  word 
for  it,  sir,  this  is  the  way  to  conquer  nations,  and  vastly  more  ef- 
fective than  the  bayonet.  What  has  England  done  in  the  six  hun- 
dred years  she  has  held  possession  of  Ireland  to  harmonize  and  re- 
concile the  people  ?  Has  she  conquered  and  subdued  their  free 
spirit  ?  Has  she  reconciled  them  to  their  condition  ?  Is  Ireland 
not  hostile  and  rebellious  to  her  authority  at  this  day  ?  Does 
she  not  remember  that  she  was  subjugated  by  conquest,  and  feel  the 
deeradation  now  ?  Will  Poland  forget,  even  if  her  condition  is  or 
should  be  improved,  to  feel  that  she  is  the  victim  of  ambition  < — 
No,  sir,  the  sword  is  the  most  dangerous  of  all  ties  of  union  ;  the 
disgrace  belonging  to  defeat,  and  subjugation  is  seldom  effaced. 

Mr.  President,  the  Senator  from  Michigan  is  endeavoring  to  har- 
monize the  ambitious  love  of  conquest  with  the  gentle  spirit  of  a 
free  government,  which  aspires  not  to  the  glory  of  arms  but  to  the 
elevation  and  improvement  of  our  race — nothing  can  be  more  in- 
compatible with  the  genius  of  free  institutions,  than  the  interposi- 
tion of  military  force.  It  has,  at  all  times,  been  the  deadly  enemy 
of  popular  liberty.  1  say,  therefore,  that  every  proposal  to  extend 
our  territory  or  principles  by  force,  is  greatly  to  be  deprecated. 
Whoever  does  it,  labors  under  a  great  mistake,  if,  as  the  friend  of 
public  liberty,  he  attempts  to  engraft  upon  us  the  feudal  notion, 
the  ancient  idea,  that  power  is  to  be  obtained  and  principles  prop- 
agated by  force  of  arms,  by  the  sliedding  of  blood.  That  idea, 
sir,  does  not  belong  to  our  institutions  ;  it  does  not  belong  to  a 
uenerous,  but  to  a  selfish  spirit.  It  does  not  belong  to  freedom  of 
conscience,  or  to  a  philanthropy  which  aims  to  elevate  and  improve 
mankind  ;  and  we  ought  to  repudiate  it.  Give  us  peace,  Mr.  Pre- 
sident, so  that  men  may  pause,  reflect,  and  examine  into  their 
rights  and  consider  the  means  by  which  they  are  to  be  maintained, 
and  the  methods  by  which  the  grievous  burdens  which  have  been 
loaded  upon  them  lay  wars,  and  by  an  unnatural  social  organiza- 
tion, may  be  mitigated  or  totally  removed.  It  has  already  been 
demonstrated,  sir,  that  all  you  need  to  do,  is  to  let  the  human 
mind  become  acquainted  with  its  own  condition  and  high  destiny, 
^y'lat  has  already  taken  place  in  many  parts  of  Europe  will  be 
repeated  elsewhere.  We  beheld  there  but  recently  the  arms  fall 
from  the  hands  of  the  soldier,  the  sword  from  the  hands  of  the  ofl!i- 
cer,  because  the  people  have  been  wise  enough  to  see  where  their 
common  prosperity  lies  ;  and  that  the  means  by  which  to  secure  it 
are  not  to  be  found  in  arms  or  the  shedding  ol  each  other's  blood. 
Never  was  there  a  greater  mistake  made,  than  when  this  country 
took  that  attitude.  Gentlemen  are  congratulating  themselves  on  our 
increasing  power  and  glory,  the  result  of  the  bravery  of  our  citi- 
zens. Who,  sir,  ever  doubted  the  valor  and  courage  of  our  citi- 
zens in  a  cause  which  demands  patriotic  sacrifice.  In  such  a 
cause,  it  is  not  too  much  to  say  that  lh»y  are  invincible.    Thej 


614 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Thursday, 


are  alwnys  strong  when  they  act  IVom  convictions  of  right — but 
whatever  success  may  attend  us  in  prosecuting  wars  of  conquest, 
the  result  will  as  certainly  ruin  us  as  it  did  Rome. 

Sir,  there  is  another  difficulty  which  seems  to  trouble  the  minds 
of  many    gentlemen.      England,  say    they,    is   ambitious;    Eng- 
land   is   strong   and    powerful  ;    England    is    for    clustering    to- 
gether   nations    and    establishing   in    them    her   power   and    her 
principles.     I    shall   do    no   more    than  justice    to   my  own  feel- 
ings   when   I   say,    that    I    am    often    pained    in   reflecting  upon 
these  considerations,   when   I   call    to  inind   England's  history.      I 
am  not  unmindful  of  her  aggressions,  and  of  the  pretexts  by  which 
she  has  often   possessed   heisell  of  the   territory  of  others,  nor  of 
the  manner  in  which   she   has  demonstrated  her  power  when  she 
has  obtained  possession.     All   this   is    too  obvious  to  admit  of  any 
doubt  or  mistake.     When  she    is    about  to  commit  an  aggression, 
what  does  she  do  ?     She   sets    up   some   plausible  pretext,  claims 
she  has  been  wronged  some  way  or  other,  and  thus  she  justifies 
not  only   the   inllietion  of  punishment,   but   conquests   which  she 
makes    perpetual.     She  begins  just  as  we  are  preparing  to  begin 
with  Yucatan,  by  helping  the  weaker  party.     Rome  did  that,  sir, 
and  it  was  a  favorite  policy  by  which  she  overrun  Asia,  Africa,  and 
Europe.     Who  does  not  know  that  a  very  large  portion  of  the  Ro- 
man Empire  \>'as   annexed  by    this  jirot-ess.     A  party  or  faction, 
incapable  of  protecting  itself,  sent   to   her  for  assistance,  ottering, 
perhaps,  the  sovereignty  as  a  consideration  for  her  aid.     Of  course 
the  aid   was  given,  and   the   sovereignty   claimed   as  the  reward, 
whether  offered    or   not  ;  and    thus    kingdom  after  kingdom  were 
brought  into  subjection   to  her   power.     England  has  spread  her 
Empire  in  the  east  by  precisely  the  same  process.     The   Senator 
from  Michigan  pertinently  enquired,  when  England   puts  her  foot 
down  in  any  place  does  she  voluntariiv  take  it  away  '^     I  fear  she 
has  seldom  if  ever  yielded  territory  which  she  thought  to  be  useful 
to  herself.     When  Rome  interfered  to  aid  a  weaker  faction,  did  she 
ever  subsequently  find  a  state  of  things  existing  which  induced  her 
to  relinquish  her  misnamed  protection  ?     Never.     If  remonstrance 
was  made,  what    was  the  answer?     It  was,  that  the  eomlition  of 
the  people  was  improved,  and  Roman  institutions  were  better  than 
their  own.  and  remonstrance  was  of  no    avail.     And  what  is  the 
answer  of  England  when   remonstrance   is  made  concerning  such 
aggressions  ?     Her  reply  is  of  the   same  tenor.     AVc  give  you  a 
better  government  ;  you   have   greater   security  to  your  pei  sons  ; 
larger  liberty  than  before  ;    what  have  you  to  complain  of?     That 
is  the  course  of  reasoning  adopted,  sir  ;  and  although  it  implies  a 
violation  of  every   principle   of  liberty,   and  an  utter  disregard  of 
the  opinions  and  happiness  of  others;  yet,  in  ambitious  ininds,  it  is 
a  justification   even   of  bloodshed.     Are   we   not  falling  gradually 
into  this  same  process,   and  bringing  odium   both   upon  our  name 
and  our  prmciples  ?     When  we  wish  to  advance  our  frontier  a  lit- 
tle, do  we  not  find  some  plausible   pretext   which  we  set  up  as  an 
argument  wherewith  to  satisfy  the  world  >     But  does  it  satisfy  our 
own  judgment  ?     If   we  were  to  be  placed  in  the  condition  of  these 
we  undertake  to  annex  to  us,  whether  they  will  or  not,  would  we 
be  satisfied  with  the  same  course — with  a  declaration  that  our  con- 
dition would  be  improved.     Of  this  we  prefer  to  be  our  own  judges. 
We  do  not  desire  to  have  even  happiness  thrust   ujion  us  against 
our  will,  nor  do    we    admit   that   others   have   the  right  to  deciile 
questions  for  us    and    to  compel  our  acquiescence.     Sir,  the  great 
principle  of  safely   every  where,   is  non-intervention.     The  great 
and  fundamental  principle  which  lies  at  the  very  root  o(  public  lib- 
erty, is  the  right  of  a  people  to  judge  for  themselves  and  maintain 
such  institutions  as  they  please  and  in  the  way  they  iilease,  provided 
they  do  not  interfere  wrongfully    witii  others.     They  may  appear 
absurd    to   us,   but  if  they  fiml  happiness  in  maintaining  them,  no 
means  of  violence  employed  to  demonstrate  such  an   error  can  be 
justified.     It  is  a  privilege  of  the  Iree  to  act  from  conviction,  but 
to  force  opinions  or  views  of  policy  upon  others  is  a  violation  of 
the  first  principles  of  freedom.     It  is  said,   Mr.    President,  that 
there  is  danger  if  we  do  not  take  possession  of  Yucatan,  that  some 
other  country  will.     Who  is  to  do  it?     England  it  is  said — ambi- 
tious England  ,  and  we  are  to  seize  it  for  Tear  she  will  take  pos- 
session.    Mr.  President,  let  us  proceed  in  such  a  matter  with  de- 
liberation, and  act  upon   evidence.     England    might   have  done  it 
long  ago  if  she  had  desired  it.     There  are,  in  the  documents  which 
are  upon  this  table,  iiowever,  some  statements  which  it  is  ajfirmed 
should  be  considered  as  eonchisive  proofs  of  a  purpose  on  the  part  of 
Great  Britain  to  indulge  in  this  scheme  of  aggrandizement.   I  tiiid  in 
these  papers  no  proof  whatever  that  the  English  government  by  any 
act,  movement,  or  claim,  have  set   up   any  pretension  to  Yucatan. 
These  despatches  warrant  no  such  conclusion.     Her  citizens  at  the 
Belize  trade  with  all  the  castes  and  parties  of  Yucatan  when  they 
come  there  for    that    purpose.     The    wlicde    proof  td'  such  inteilc- 
rence  in  any  lurin,  upon  analysis,  ilwindles  into  suggestions  or  in- 
sinuations which  liirnish  no  suitable  evidence  to  influence  our  minds. 
la  it  not  worth  while  to  stop  and  consider  our  past  history,  before 
proceeding    further    in   our    aggressive   career    upon     mere     idle 
rumor?      What   did    the    Senator   from   Texas   tell    you    standin" 
in  his  place  the  other  day  ?     AV'hat  was  said  to  us  a  year  ago,  by 
gentlemen   on  the  other  side  of   tliu   chamber?     It  was  this,  that 
idlhouLih  it  was    boldly  asserted    in    messages  sent    to   this  liody. 
and     published    oflicially     through     the    country,   that     England 
would  take  possession  ol   Texas  if  we  omitted  to  do   it;  although 
it  was  so  often    reiterated,   by  authority   and   without   authority, 
that    the    people    began    to    believe    it,    yet   the    Senator,    who 
from  his   official   station  could    not    bo   otherwise    than    well   in- 
formed   upon   the   subject,    pronounced   in    substance    the  whole 
atluir  to  bo  a  humbug,  got  up  to  excite  the  public  mind  here,  and 


to  foster  the  scheme  of  annexation.  I  do  not  mean  to  assert  that 
I  use  his  language  when  I  say  it  was  humbug,  but  I  believe  I  do 
no  injustice  to  his  meaning.  He  used  the  gentler  terms  of  diplomatic 
intercourse,  which  was  got  up,  no  doubt,  for  the  express  purpose  of 
alarming  the  people,  and  of  exciting  their  apprehension  of  such  an 
act  on  ihe  part  of  England.  This  belief,  he  gave  us  to  understand, 
was  encouraged,  lliat  it  might  give  facility  and  despatch  to  the 
meditated  annexation.  My  friend  from  Maryland,  [Mr.  Johnson,] 
among  his  leminisoenees  the  other  day,  referi^d  to  a  speech  made 
by  the  Senator  from  Texas  at  New  Orleans,  long  since,  wherein 
— as  it  was  represented — the  Senator  asserted  that  all  these  rumors 
about  the  designs  of  the  English  upon  Texas  were  mere  coquetry 
played  oil' upon  the  United  States.  This  precise  declaration  the 
Senator  from  Texas  disclaimed.  But  in  making  the  disclaimer, 
he  used  language  quite  as  significant,  proving  that  the  whole  mat- 
ter was  utterly  without  foundation.  Those,  therefore,  who  plumed 
themselves  on  the  discovery,  that  the  despatch  of  Lord  Aberdeen 
disclaiming  all  interference,  was  a  diplomatic  humbug,  were  them- 
selves humbugged. 

When  we  listen  to  these  idle  stories  and  insinuations  contained  m 
the  despatches,  which  the  commissioner  does  not  dare  to  call 
facts,  is  it  not  worth  while  to  place  them  in  juxtaposition  with  the 
other  fact,  that  he  is  anxious  for  the  annexation  of  that  State  to  this 
Union?  Lest  these  insinuations  and  suggestions  should  not  be  heeded 
— lest  this  kind  of  argument  should  not  have  sufficient  force,  and  act 
with  sufiiciint  despatch,  the  government  of  Yucatan,  then  falling  to 
pieces,  under  the  assaults  of  Barbachino,  and  also  of  the  Indians, 
came  forward  with  a  direct  and  unequivocal  ofier  of  the  sovereignty 
of  that  country,  not  only  to  the  United  States,  but  also  to  England 
and  Spain,  if  they,  or  any  of  them,  would  interfere  and  give  them  the 
aid  and  protection  which  this  minority  of  tlie  people  deemed  essen- 
tial to  their  safety.  In  other  words,  a  sinking  party  offer  their 
country  for  sale.  The  consequences  which  such  a  proposition  may 
involve,  if  we  treat  it  as  an  ofl'er  to  us,  and  expect  tne  whole  re- 
ward, will  more  fully  appear  if  we  trace  the  matter  a  step  further. 
We  are  officially  informed  that  Spain  is  already  on  the  ground 
with  three  ships  of  war,  and  has  furnished  a  quantity  of  arms  and 
ammunition  to  these  people,  pursuant  to  their  request.  What 
will  she  expect  in  return  ?  Does  she  demand  the  sovereignty  ?  She 
has  complied  with  the  request  made  to  her,  and  her  good  offices 
and  acts  of  interference  have  been  very  acceptable  to  these  people. 
But  yesterday — I  speak  it  on  the  authority  of  the  Senator  from 
Michigan,  who  seems  to  have  credited  it — there  was  a  rumor  that 
no  less  than  four  companies  of  British  troops  have  been  marched 
to  the  aid  of  these  Yucatanese.  Now,  sir,  suppose  we  send  a  body 
of  men  there.  Spain,  England,  and  the  United  States  will  be 
there;  and  the  sovereignty  of  the  country  is  promised  to  each  pow- 
er that  renders  aid.  How  will  the  question  of  sovereignty  be  set- 
tled, as  each  power  cannot  have  a  fulfilment  of  the  promise  ?  Mr. 
President,  if  my  apprehensions  are  correct — if  such  a  supposed 
state  of  things  should  come  to  pass — if  all  these  powers  should 
meet  in  Yucatan,  each  with  a  military  or  naval  force,  or  both,  in 
my  opinion,  we  would  find  ourselves  in  a  position,  from  which  to 
extricate  us  without  a  rupture  of  peaceful  relations,  would  demand 
more  wisdom  and  moderation  than  I  am  prepared  to  concede  to 
the  present  administration.  There  must  be  imminent  danger  of 
conflict  when  three  such  powers  meet  in  pursuit  of  an  object  which 
but  one  can  obtain.  When  wo  shall  meet  two  of  the  old  powers 
of  Europe  under  such  circumstances,  if  the  same  ambitious  desire 
of  acquisition  which  influences  us  stimulates  them,  can  the  ques- 
tions which  will  arise  be  discussed,  or  tho  plunder  be  disposed  of, 
without  a  rupture  among  the  parties?  It  the  doctrines  of  Mr. 
Monroe,  as  expounded  by  the  President,  are  to  be  enforced  as  the 
established  policy  of  the  country,  we  shall  be  fortunate  if  we  do 
not  find  ourselves  arrayed  in  war  against  Mexico,  England,  and 
Spain.  Why  should  we  rush  into  such  folly,  and  disregard  the 
manifold  blessings  which  an  indulgent  providence  has  in  store  for 
us  ?  The  Senator  from  Michigan  would  say.  Perhaps,  if  in  his 
seat,  that  this  arrival  of  Spanish  and  British  aid  at  Yucatan  was 
the  result  of  the  action  of  the  colonies  of  Cuba  and  Jamaica,  and 
not  direct  assistance  from  those  two  great  powers  themselves. — 
But  suppose  Great  Britain  and  Spain — as  they  will  do,  I 
think — sanction  the  action  of  their  colonies,  as  they  have 
an  undoubted  right  to  do,  because  these  troops  are  furnished 
on  the  assumption  that  their  governments  will  approve  of  the 
mensure.  If  this  should  occur,  then  it  behooves  the  Senate 
of  the  United  States  to  consider  what  it  does,  when  it  proposes  to 
send  troo)is  into  Yucatan  and  to  reflect  upon,  and  weigh  well  the 
consequences  that  may  probably  result  from  such  a  course  of  po- 
licy. It  is  hinteil,  and  pretty  broadly  asserled,  without  any  proof, 
however,  that  the  English  furnish  these  Indians  with  arms  and  am- 
munition, and  that  they  are  thus  encouraging  the  rebellion.  Now, 
thi.s  same  commissioner  who  brings  this  case  before  us  for  conside- 
ration, makes  a  very  singular  declaration  in  one  of  his  desjiatehes. 
He  says  that  they  the"  (Yucatanese)  could  easily  and  cheaply 
have  bouglit  the  arms  they  wanted  of  the  English  at  Balize,  but 
they  jireferrerl  to  obtain  them  from  the  United  States.  According 
to  this  statement,  then,  sir,  these  very  peojile  who  are  said  to  be 
encouraging  this  rebellion  by  placing  arms  in  tho  hands  of  tho  In- 
dians to  prosecute  this  war,  are  at'  the  same  time  willing  to  sell 
arms  cheaply  and  freely  to  the  other  party.  Could  there  be  a 
more  striking  proof  of  the  fact,  that  all  these  statements  about 
arms  mean  notiiing  more,  than  that  either  of  these  parties  who 
choose  to  purchase  at  Balize,  can  do  so  if  they  have  the  means  ? 
If  there  were  any  such  sinister  purpose  as  has  been  suggested,  if 
the  English  weie  anxious  w  strengthen  and  wm  tliesu  Indians  iii 


May  11.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


615 


order  to  overthrow  or  exterminate  the  whites,  surely  they  would 
not  be  found  selling  arms  and  ammunition  to  the  very  men  whom 
they  wished  to  put  down. 

The  President  of  the  United  States,  in  his  message  to  us  ad- 
verting to  the  doctrine  advanced  in  1823,  by  Mr.  Monroe,  then  the 
President  of  the  United  States,  has  taken  occasion  twice  or  three 
times  in  the  course  of  that  message,  to  say  that  he  considered  this 
doctrine  recognized  by  him  in  his  annual  message,  the  year  before 
last,  to  be  the  eslablisbed  policy  of  the  United  States.  He  has 
not  condescended  to  shadow  forth  the  interpretaiion  which  in  prac- 
tice he  would  give  to  that  policy,  nor  to  state  by  what  acts  or 
opinions  of  this  government,  expressed  in  the  forms  of  the  consti- 
tution, it  has  received  such  sanction  as  to  authorize  the  declara- 
tion, that  it  is  our  established  policy.  The  Senator  from  Michi- 
gan, who  is  very  apt  to  see  things  through  the  Executive  medium, 
while  he  approves  of  the  declaration  of  Mr.  Monroe,  does  not  con- 
sider it  to  be  the  established  policy  of  the  country;  but  his  whole 
argument  is  but  a  commentary  carrying  out  this  text.  Mr. 
President,  I  should  be  glad  to  notice  in  a  suitable  way  this  decla- 
•  ration,  and  the  construction  given  to  it,  but  I  have  not  the  power 
left  which  is  requisite  for  that  purpose.  It  must  suffice  for  me  to 
remark — that  it  has  become  in  the  minds  of  such  as  adopt  it  an 
authority,  justifying  any  and  all  schemes  of  aggression  or  ambi- 
tion, under  the  assumed  pretension  that  we  have  a  right  so  far  to 
regulate  the  affairs  of  this  continent,  as  to  determine  who  shall 
hold  sovereignty  here,  and  under  what  form  of  government.  This 
declaration  was  arrayed  against  the  settlement  of  the  Oregon 
question.  It  is  now  to  be  maintained  against  any  European  power 
which  may  attempt  to  acquire  territory  any  where  in  this  vast  new 
world.  Yucatan  has  otlisred  her  sovereignty  to  England  on  the 
same  terms  upon  which  she  has  proffered  it  to  us — suppose  Eng- 
land avails  herself  of  it,  and  becomes  the  purchaser  of  the  country, 
or  suppose  Yucatan  or  any  other  State  voluntarily  delivers  itself 
over  to  England  to  be  governed  by  her  authoritv — then,  according 
to  the  views  of  the  President,  we  not  only  have  the  right,  but  are 
bound  by  an  established  policy,  to  interfere  and  expel  England  be- 
cause we  deny  her  risht  to  colonize  upon  this  continent.  We  who 
traffic  in  nations— and  when  we  cannot  buy,  conquer  them  to  make 
acquisitions — have  a  monoply,  a  patent  right  to  this  peculiar  trade 
and  hold  the  right  to  restram  others  from  engaging  in  it.  Yuca- 
tan may  sell  herself,  but  we  alone  have  the  right  to  j)urchase.  If 
England  enters  Yucatan  under  the  invitation  ol  its  government, 
upon  tho  assumption  that  she  too  has  a  right  to  trade  in  sovereign- 
ties, and  we  denying  this  right,  meet  her  there,  how  is  a 
rupture  to  be  avoided  ?  If  we  slay  away  we  may  be  content  with 
a  war  of  words,  but  if  armed  forces  meet,  and  ours  is,  as  it  must  be, 
under  the  command  of  the  President,  how  can  he  avoid  carrying 
out  what  he  avows  to  be  our  established  policy  ? 

Mr.  President,  can  any  reasoning  illustrate  more  satisfactorily, 
not  only  the  folly  but  the  peril  of  assuming  toward  others  such  a 
posture  as  the  President  assigns  to  us  ?  No  administration  down 
to  the  present,  ever  thought  of  giving  such  a  construction  to  this 
declaration — we  have  in  no  instance  interfered  with  or  objected  to 
the  arrangements  of  other  nations. 

Mr.  President,  I  feel  confident  that  there  must  be  some  misap- 
prehension about  the  opinions  of  the  President  now,  or  his  senti- 
ments have  undergone  some  change.  He  took  part  as  a  member 
of  the  House  of  Representatives,  in  a  great  debate  upon  the  Pa- 
nama mission  some  twenty  years  ago. 

In  that  debate,  as  gentlemen  will  find  by  consulting  the  speeches 
then  delivered,  this  declaration  of  Mr.  Monroe  occupied  a  large 
share  of  the  attention  of  the  members,  who  eritici.sed  it  very  freely, 
and  I  recollect  very  well  listening  to  the  President  among  others 
at  various  times  upon  that  subject .  But  I  shall  not  trust  my 
memory  in  this  respect.  What  1  wish  to  draw  the  attention  of  the 
Senate  to  is  this,  that  if  Senators  now  give  a  fair  interpretation  to 
the  declaration  of  Mr.  Monroe,  and  do  not  strain  the  principle  which 
he  is  said  to  have  avowed,  and  the  President  concurs  in  these  sen- 
timents, he  has  verv  much  changed  his  own  opinion  since  the  pe- 
riod of  that  debate.  I  do  not  assert  that  he  has  changed  his  opin- 
ions, but  leave  it  for  every  gentleman  who  hears  me,  to  compare 
the  views  he  then  put  forth,  with  those  now  before  us,  and  judge 
for  himself.  A  little  explanation  may  be  useful  to  make  the  then  ex- 
isting state  of  things  understood.  What,  then,  was  the  cause  of 
that  discussion  ?  I  will  briefly  answer  that  according  to  my  re- 
collection? it  was  this,  some  seven  or  eight  republics  had  suddenly 
sprung  into  existence,  having  thrown  off  the  colonial  bondage  of 
Spain,  and  established  free  popular  sovereignties  lor  themselves. 
There  was  a  strong  sympathy,  a  kindly  feeling  lor  these  Stales  by 
us;  we  were  anxious  to  encom'age  and  countenance  them  as  far  as 
was  consistent  with  our  own  safetey,  and  tho  rights  of  others. 
They  believing  it  to  be  important  to  them  to  have  a  harmonious 
understanding,  not  only  among  themselves,  but  with  us,  invited 
the  United  States  to  meet  them  at  Panama  in  a  congress  represent- 
ing the  sovereignties  of  this  continent.  The  design  was,  that  each 
government  should  bo  represented  by  one  or  more  diplomatic 
agents,  and  if  any  thing  was  agreed  upon,  it  should  not  be  bind- 
ing unless  sanctioned  by  the  treaty  making  powers  of  the  parties. 

They  were  to  meet,  as  was  said,  to  commune,  confer,  and  con- 
sult upon  great  questions  relating  to  the  advancement,  elevation, 
and  improvement  of  our  race.  None  but  moral  means  were  thought 
of.  Military  force,  swords,  and  bayonets  were  not  to  be  eniploj  ed 
to  propagate  their  principles  or  to  enforce  their  reasoning — all  was 
pacific,  and  all  principles  were  to  find  their  way,  not  by  the  aid  of 
force,  but  through  conviction.  It  was  believed  they  would  consult 
as  to  the  best  and  most  successful  moans  of  enlightening  the  hu- 


man mind,  and  strengthening  its  moral  tone,  and  thus  give  just 
support  to  free  principles — that  they  would  consider  the  vast  im- 
portance of  toleration  in  religion,  and  of  separating  Christianity 
from  the  con-upting  influences  of  civil  power.  It  was  thought", 
too,  that  international  law  would  not  escape  their  attention  ami  it 
was  hoped,  among  other  things,  that  tbey  would  do  something  for 
the  freedom  of  the  seas  by  establishing  the  principle  that  free  ships 
should  make  free  goods.  It  was  believed,  moreover,  that  they 
would  recommend  improvements  in  commercial  intercourse,  which 
would  promote  trade  by  removing  many  obstacles,  and  prove  mu- 
tually beneficial,  by  increasing  mutual  interests  and  unitin"  all  in 
stronger  bonds  of  friendship.  And  furihcr.  Mr.  President,  as  it 
was  known  that  these  republics  which  were  then  at  war  with  Spain 
meditated  an  invasion  of  Cuba,  for  the  jjurpose  of  wrestin"  it  from 
the  dominion  of  that  kingdom — it  was  confidently  believed  that  this 
matter  would  not  only  be  considered,  but  that  the  plan  of  invasion 
would  be  abandoned  and  Cuba  be  left  a  colony  of  Spain. 

Thcve,  Mr.  President,  were  some  of  the  topics  which  it  was  be- 
lieved would  engage  the  attention  of  this  congress  of  nations  ;  and 
I  might,  no  doubt,  add,  that  they  would  probably  consider  whether 
the  Holy  Alliance  was  such  a  combination  as  would  demand,  on 
their  p;irt,  any  countervailing  influence  of  the  fret;  governments. 
The  President  of  the  United  States  nominated  two  ministers  plen- 
ipotentiary to  represent  the  United  States  in  this  congress,  and 
upon  these  nominations  a  long  and  animated  debate  occurred  in 
the  Senate,  while  upon  the  appropriation  for  llicir  pay  a  similar  de- 
bate arose  in  the  House  of  Representatives.  Although  nothing 
could  be  done  which  would  not  come  here  for  sanction  before  it 
could  be  binding — although  tho  use  of  nothing  but  moral  power 
was  meditated — although  the  whole  thing  resolved  itself  into  a 
mutual  conference,  a  friendly  consultation  about  the  common  good 
and  the  common  in-ospcrity — yet  in  that  debate  it  was  earnestly 
contended  that  such  a  step  was  full  of  danger — that  it  was  a  fear- 
ful departure  from  established  policy — thaT  our  interesis  were  best 
protected  and  promoted  by  avoiding  all  alliances  and  entangle- 
ments with  foreign  powers,  and  few  gentlemen  advocated  this  pol- 
icy of  non-intervention,  even  for  the  purposes  of  consultation,  more 
decidedly  than  the  President.  His  opinions  are  left  on  record,  and 
if  there  be  some  shades  of  dilTerence  between  the  member  from 
Tenncs.see  and  the  President,  now  anxious  for  a  wider  fame,  the 
change  of  position  may  possibly  account  for  it.  If  the  Senate  will 
be  a  little  patient,  I  will  read  a  few  paragraphs  from  the  second 
volume  of  the  Register  of  Debates,  second  part  : 

"  !Mr.  Polk  offered  llie  following : 

' '  Reset vc'l.  That  il  is  the  constitutional  right  and  duty  of  t  he  Hooee  of  Represen- 
LitiveB,  when  called  on  for  appropriation!  to  defray  Ihee.spenses  of  foreign  missionB, 
10  deliheraU'  on  the  e.xpediency  or  inexpediency  of  such  missions,  and  lo  determine 
and  act  ihereoi,  as  in  llieir  judgment  maybe  most  conducive  to  the  jmbhc  good. 

"  Rrst^Urd.  That  it  i.s  tile  sense  of  this  House  that  the  sending  of  ministers  on  the 
part  of  the  United  States  to  take  part  in  the  dclilierations  of  the  congres.;  of  South 
American  nations,  at  Panama,  would  be  a  total  departure  from  the  uniform  course  of 
policy  pursued  by  this  government,  from  the  adoption  of  the  'ederal  constitution  to  the 
present  period,  and  might,  and  in  all  probability  would,  have  a  tendency  to  involve 
the  nation  in  entangling  alliances,  and  endanger  the  Tieutrality  and  relations  of  amity 
and  peace,  which  at  present  happily  subsist  between  Uie  United  States  and  the  belli- 
gerent powers,  Old  Spain  and  the  southern  republics  of  t.liis  continent. 

"  Resolved,  tfunforc,  That  it  is  inexpedient  to  send  ministers,  on  the  part  of  the 
United  Slates,  to  talie  part  in  the  deliberations  of  the  said  congress  of  South  Ameri- 
can nations,  at  Panama,  and  that  it  is  inexpedient  to  grant  any  appropriation  to  de- 
fray the  expenses  of  said  mission." — Gules  ir  Beaton's  Dabates  in  ConirrcsSy  p. '21tj6, 
Tuesday.. Ipril  11,  IMli. 

This,  sir,  was  the  opinion  of  tho  President  when  a  member  of 
Congress,  that  it  would  endanger  the  peace  and  safety  of  these 
United  States  to  be  represented  in  that  congress,  and  that  the 
whole  thing  was  entirely  inexpedient  ;  and  while  he  held  this  he 
also  held  that  Congress  was  under  no  obligation  to  make  the  ne- 
cessary appropriation  for  a  minister  duly  appointed.  I  will  read 
also  from  a  speech  delivered  by  the  same  gentleman  in  the  House 
upon  the  same  subject.     He  says  : 

"  The  proposed  mission  to  Panama  was  without  a  precedant  in  our  history,  was  no- 
vel in  its  character,  and,  in  his  judgment,  dangerous  to  the  be^t  interests  of  Uie  coun- 
try." 

This  language,  sir,  is  very  happily  adapted  to  the  present  occa- 
sion— is  very  emphatic  and  lull  of  meaning.     He  continues  : 

"  This  [said  Mr.  P  ]  is  a  portentous  and  very  important  crisis  in  the  history  of  this 
country,  and  every  patriot  should  lie  at  his  post.  We  are  about  to  depart  from  our 
ancient  and  plain  republican  simplicity,  and  to  become  a  greai  and  s[)lendid  govern- 
ment ;  new  [inijpcts  -ire  set  on  foot — we  are  called  npon  by  the  President  to  change 
the  wtiole  |)olicy  of  the  country  as  adopted  by  our  fathers,  and  so  happily  pursued  l)y 
their  posterity,  down  to  the  present  period.  He  called  on  gentlemen,  before  tliey  aban- 
doned the  present  safe  policy  of  the  country-,  to  ponder  well  what  they  are  about 
to  do."— p- 2478. 

Sir,  I  hope  this  opinion  of  the  President  then,  will  not  be  with- 
out its  influence  on  this  body.  Ponder  well  what  you  are  about  to 
do.     One  sentence  more,  and  I  have  done  : 

"  Before  he  concluded  f  Mr.  P.  said]  he  would  say  a  word  in  relation  to  ihe  pledge 
[Mr.  Monroe's  declarationj  which  it  was  said  the  nation  had  given  in  regard  to  the 
South  American  policy.  When  the  messageof  the  late  Presidentof  the  United  States 
was  communicated  to  Congress  in  ]>-'2.t,  it  was  viewed  .as  it  should  have  been,  as  the 
mereexpre.ssion  of  opinion  of  the  Executix'e,  submitted  to  the  consideration  and  de- 
liberation of  Congress  ;  and  designed,  probably,  to  produce  an  effect  upon  ihe  coun- 
cils of  the  Itoly  Alliance,  in  relation  to  their  supposed  intention  to  interfere  in  the  war 
between  Spain  and  her  former  colonies.  Thai  eRect  it  probablv  hail  an  agency  in 
prodncing  ;  and  if  so.  il  lias  pr  rfbmied  its  office.  The  President  had  no  jiower  to 
bind  the  nation  by  such  a  pledge.  The  sound  and  sober  judgment  of  the  peopleot  the 
United  Slates  has  not  been  brought  up  to  the  conclusion  that  we  could  in  any  event 
make  common  cause  with  the  republics  of  the  South,  or  involve  ourselves  in  the  ca- 
lamities of  war  in  their  behalf.  All  our  sympathies,  all  our  good  feehng.  were  with 
them;  we  wished  them  success,  but  self-preservation  is  the  first  law  of  nature  and  of 
nations  ;  we  were,  then,  as  he  hoped  we  still  were,  unprepared  to  depart  from  our  set- 
tled jiolicy.  As  a  strong  evidence  of  what  the  opinions  of  this  Honse  then  were,  the 
present  Secretarv  of  State,  then  a  member  of  the  House,  had  submitted  a  resolution 
responding  to  tlie  sentiments  of  the  message  of  Uie  President.  The  Greek  desolation 
was  submitted,  too,  at  tlie  same  session  by  the  honorable  member  from  Massachusetts; 


616 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Thursday, 


the  fever  was  up  ;  we  seemed  to  be  then,  if  we  ever  had  been,  prepared  to  go  on  a 
politiaal  crusade  In  behalf  of  othere.  The  sober  judgment  of  the  House  interposed, 
the  Greek  resolution  shared  its  fate,  and  sleeps  upon  the  table. 

"  Mr.  Clay  saw  t-jearly  tliat  the  same  fate  jnevilablv  awaited  Jiis  South  American 
resolution,  with  onlylhis  difference,  that  it  would  probably  have  been  ue^alived  liv  a 
much  more  overwhelming  majority.     It  was  not  called  up." — p.  -2480. 

I  Wight,  sir,  read  much  more  advice  and  argument  fnim  the 
speeches  of  the  President  equally  important  for  the  caiitiotis  ad- 
monitions contained  in  tltcm.  What,  I  pray  the  Senate  to  consider, 
called  forth  these  warnings,  these  forehodings  of  evil  >  This  great 
alarm  was  excited  by  a  proposal  to  send  to  the  republics  of  South 
America  two  diplomatic  functionaries  clothed  simply  with  the 
power  to  consult  and  confer  together  for  the  peace,  salety,  and 
prosperity  of  the  free  governments  of  this  continent.  The  Presi- 
dent then  saw  great  danger  in  any  departure,  however  inconsider- 
able, Irom  the  old  and  safe  policy  of  non-intervention.  He  feared 
not  only  all  entangling  alliances,  but  all  association  whatever,  and 
evidently  holds  itlo  be  a  tritimpli  that  the  resoluiion  of  Mr.  Clay, 
in  respoii.se  to  Mr.  Monroe's  declaration,  was  defeated,  and  that 
the  resolution  offered  by  Mr.  Webster  in  regaid  to  the  Greeks 
shared  the  same  fate.  "  The  fever  [says  the  President]  was  Ihen 
up."  Yes,  sir,  the  fever  of  .sympathy  with  nations'struggliBg  for 
their  freedom,  and  none  other.  They  were  weak,  feeble  powers, 
it  is  true,  making  no  great  figure  in  this  noisy  world,  but  still  lib- 
erty was  as  dear  to  them  as  to  Frenchmen,  and  they  contended 
manfully  for  it,  and  achieved  it  without  the  countenance  of  the  Pre- 
sident. The  declaration  of  Mr.  Monroe  is  couched  in  a  manner 
not  to  be  misapprehended.  Its  force  and  validity  is  justly  denied, 
and  it  is  placed  on  the  foating  of  an  Executive  opinion  called  forth 
by  the  combination  of  the  Holy  Alliance  ;  but  having  performed 
us  oflice,  which  amounted  to  nothing,  as  it  was  obligatory  upon  no 
body,  it  was  substantially,  in  1S26,  obsolete.  There  is  truth  in 
this,  Mr.  President — it  was  dead,  buried,  and  forgotten  until  the 
President  dug  it  up,  breathed  into  it  new  life,  and  now  declares  it 
to  be  (Executive  opinion  though  it  is,  and  nothing  more)  the  es- 
tablished policy  of  the  country.  His  language  in  his  messace  of 
April  29th,  1848,  is  in  regard  to  the  dominion  and  sovereignly  of 
Yucatan,  as  follows  : 

"Yet.  according  to  our  established  policy,  we  could  not  consent  to  a  transfer  of 
this  "doniiniou  and  sovereignty,"  lYucatanJ  either  to  Spain,  Great  Britain,  or  any 
other  European  power.  In  the  language  of  President  Monroe,  in  his  mes,sage  of  De. 
cember,  IS'i.'J.  "we  should  consider  any  attempt  ou  tlieir  part  to  extend  tbeir  system  to 
any  jiortion  of  this  hemisphere  as  dangerous  to  our  peare  and  safety."  In  mv  annual 
message  of  December,  ]b45,  I  declared  that  "near  a  quarter  ofacentarv  ago  the  prin- 
ciple was  distinctly  announced  to  the  world,  in  the  annual  message  of  one  of  mv  |ire- 
decessors,"  that  "  the  American  continents,  by  the  free  and  independent  condition 
which  they  have  assumed  and  maintain,  ure  heiicefoith  not  to  be  considered  as  sub- 
jects  for  future  colonization  by  any  European  power."  This  principle  will  apply 
with  greatly  increased  Ibrce,  should  any  Euiopean  i)Ower  attempt  to  establish  any 
new  colony  in  North  Ameiica.  In  tbeexistiug  circninstances  of  the  world,  the  pre- 
sent is  deemed  a  iiropet  occasion  to  reilerate  and  realhrm  the  principle  avowed  by  Mr. 
Monroe,  and  to  stale  my  cordial  concurrence  in  its  wisd.om  and  sound  policy." 

Sir,  I  have  not  strength  to  pursue  this  subject,  but  the  reading 
of  the  opinions  of  1826,  and  those  of  1845,  and  1848,  wlien  it  be- 
came necessary  to  justify  the  Executive  policy  in  regard  to  Tex- 
as, Oregon  and  Yucatan,  will  present  the  contrast,  and  exhibit 
the  change  which  circumstances  have  worked  out  from  a  remark- 
ably cautious  policy,  to  one  which  is  marked,  I  might  say,  com- 
paratively with  arrogance  and  presumption. 

I  must  refrain  from  further  comments,  Mr.  President,  that  I 
may  notice  one  topic  more,  which  must  not  be  omitted.  What 
effect,  I  would  ask,  Mr.  President,  if  we  send  an  army  to  take 
temporary  military  occupation  of  Yucatan,  is  it  to  have  upon  our 
pending  treaty  with  Mexico  ?  The  Senatflr  from  Michigan  seem- 
ed to  think,  that  the  only  obligation  which  attached  lo  any  armis- 
tice, was  simply  lo  keep  within  the  limits  prescribed  bv  the  parties. 
I  take  it,  of  course,  that  he  would  do  all  that  is  required  to  be  done 
in  the  agreement,  and  leave  undone  those  things  which  would  vio- 
late our  faith  or  tarnish  our  honor.  The  question  is  a  plain  one. 
If  an  array  of  ours  arrives  in  Yucatan,  while  we  are  negotiating  a 
treaty  with  Mexico,  what  effect  will  such  a  course  have  upon  the 
ratification  of  that  treaty  ?  Will  not  a  step  of  this  description  de- 
feat or  be  likely  to  defeat  the  treaty  ?  There  are  gentletnen  dis- 
satisfied with  the  instrument,  who,  no  doubt,  desire  Its  defeat.  To 
such,  the  accomplishment  of  a  scheme  of  this  description,  would  no 
doubt  be  acceptable.  But  aside  from  all  influences  of  thisdescription, 
we  find  Mexico  claiming  Yucatan,  as  One  of  the  States  of  her  uni- 
ted confederacy.  We  have  taken  from  her  Texas,  under  circum- 
stances much  less  aggravated  than  those  under  which  we  now  pro- 
pose to  take  possession  of  Yucatan.  If,  under  such  circumstances, 
wo  send  down  troops  to  occupy  Yucatan,  even  on  ihe  condition 
contained  in  the  amendment,  viz  :  that  the  occupation  should 
continue  only  until  the  inhabitants  can  protect  ihcmsclvcs,  or  until 
the  Mexican  government  protects  ihem,  would  not  such  occupa- 
tion be  cipiivalent  to  periictunl,  and  would  not  the  Mexicans  .so 
view  it  ?  If,  while  engaged  in  solemnly  ratifying  this  treaty  with 
Mexico,  we  are  thus  intent  upon  seizing  another  province  that  be- 
longs to  her,  will  she  ratify  ii  under  such  circumstances  ?  Unless 
we  navo  misconooivcd  her  character  entirely,  unless  we  have  fail- 
ed to  comprehend  the  irrascibility  of  her  temper,  and  her  impa- 
tience under  insult,  it  is  evident  that  every  step  towards  the  ratifi- 
calion  of  Ihe  treaty  will  be  suspended,  the  moment  she  becomes 
acquainted  with  our  course.  In  connexion  with  this  probable 
event,  1  desire  to  call  the  attei.tion  of  the  Sctiatc  to  the  tact,  that 
this  conimissionor  from  Yucatan,  had  no  sooner  learned  that  a 
treaty  would  probably  be  entered  into,  than  ho  sent  a  formal  pro- 
tost  to  the  President,  through  the  Secretary  of  State,  remonstra- 
ting against   the   ratification,  unless   provision   was  made   in  the 


treaty,  for  the  protection  of  the  Yueatanese,  against  the  vengenee 
of  the  Mexicans.  This  commissioner  is  not  the  advocate  of  peace, 
nor  is  his  State,  if  he  represents  her  sentiments.  His  first  wish  is 
to  keep  us  embroiled  in  war,  till  Yucatan  falls  into  the  possession 
of  the  United  States.  All  his-  letters  have  been  written,  and  his 
facts,  if  facts  they  are,  have  been  stated  under  this  bias.  Shall  we, 
sir,  act  upon  such  evidence  ?  Hear  his  language  in  a  brief  quo- 
tation : 

"  Various  rumors  have  been  in  circulation,  during  the  last  few  days,  in  reference 
to  a  treaty  of  peace  between  Mexico  aud  the  United  States,  and  even  the  terms  of  the 
treaty  have  been  stated.  As  long  as  these  rumors  remained  within  the  sphere  of  ro- 
mor,  I  did  not  think  it  opport  une  or  expedient  to  make  Ihe  voice  of  Yucatan  heard  in 
a  matter  which,  for  that  unfortunate  country,  is  a  question  of  life  anil  death,  and  to 
which,  therefore,  it  is  not  and  cannot  be  indifferent;  but  as  it  now  appears  to  be  cer 
tain  and  indubitable  that  this  treaty  exists,  and  has  been  sent  to  Washington  to  receive 
the  pioper  ratitication,  the  time  seems  to  me,  to  have  aitived  lo  raise  the  voice  of  Yu- 
catan betbre  the  government  and  people  of  the  niiited  Stales,  in  order  lo  protest  in 
duelbrm  against  such  a  treaty.  Whatever  may  be  the  estimation  or  attention  con- 
ceded to  this  piotest,  my  conscience  dictates  the  obligation  of  making  it  and  subnutting 
it  to  the  governlneutot  the  republic." 

Again,  further  along  in  the  despatches  I  find  still  stronger  lan- 
guage used  by  the  commissioner  ; 

"  A  Ireatyof  peace,  in  which  Yucatan  is  not  freed  from  the  fury  of  the  mandarines 
of  -Mexico,  on  account  of  its  conduct  in  the  present  war,  or  is  not  lett  ,at  liberty  lo 
seek  lor  admission  as  a  free  and  sovereign  State  in  Ihe  vast  couf.-'dciacy  of  the  United 
Stales,  which  it  most  ardently  desires  as  most  advantageous  for  it;  a  treaty  of  peace 
containing  no  provisions  of  this  nature  is.  I  repeat,  eminently  prejudicial  to  Yucatan, 
which  canuot  and  ought  not  to  see  itself  thus  sacrificed  without  at  least  uttenng  a  cry 
of  complaint,  without  taking  some  measure  to  demand  justice. 

"  For  these  reasons  I  protest,  in  the  name  of  my  governinent  and  of  the  people  of 
Yucatan,  against  the  terms  of  this  treaty;  and  I  demand  that  m  any  event,  the  lot  of 
Yucatan  should  be  assured  in  it." 

That  is  the  language  of  Mr.  Sierra  the  commissioner,  which 
very  plainly  discloses  his  feehngs  and  wishes.  We  can  judge 
from  these  facls,  how  much  interest  Yucatan  has,  to  defeat  the 
ratitication  of  this  treaty,  and  to  prolong  the  war  with  Mexico, 
and  also  by  what  means  she  proposes  to  accomplish  her  object. 
What  else  ought  we  to  expect  from  a  rebellious  province  ?  Mr. 
President,  I  have  been  constrained  to  pass  over  many  facts,  quite 
as  important  and  quite  as  full  of  interest,  as  those  which  I  have 
commented  upon.  It  is  a  matter  demanding  the  gravest  and  most 
deliberate  consideration  of  Ihe  legislature.  A  false  step  is  full  of 
peril,  as  it  may  involve  consequences  from  which  we  should  find  it 
difficult  to  escape,  without  great  sacrifices.  War  is,  under  any 
circumstances,  pregnant  with  evil,  both  to  the  morals  and  the  best 
interests  of  the  people.  We  now  feel  the  truth  of  this  remark, 
and  the  whole  counuy  feels  it.  It  is  the  last  means  by  which  our 
pirinciplcs  can  be  strengthened,  or  our  prosperity  promoted. 

It  is  our  duty,  then,  not  unnecessarily  to  prolong  it,  or  rashly  to 
rush  into  new  contests.  But  wo  cannot  set  ourselves  up  as  the 
guardians  of  the  nations  on  this  continent,  or  prescribe  rules  of 
conduct  to  Europe  in  its  intercourse  with  such  nations,  without 
rousing  feelings  o!  resentment,  which  cannot  fail  to  beget  hostility; 
we  cannot  do  to  others  what  we  condemn  in  them  without  subject- 
ing  ourselves  to  the  charge  of  arrogance,  selfishness,  and  in- 
justice. It  is  not  for  us  to  dictate  to  others,  the  kind  and  extent 
ol  intercourse  which  they  may  establish,  for  this  involves  a  viola- 
tion of  the  most  obvious  principles  of  right.  We  have  never  ceased 
to  denounce  the  assault  upon  the  Danish  fleet  by  the  English,  and 
the  partition  of  Poland  as  shameful  acts  of  aggression,  nor  can  we 
perpetrate  similiar  wrongs  under  pretexts  however  plausible,  with, 
out  incurring  censure.  It  requires  a  very  extraordinary  case  of 
threatened  danger  lo  ourselves,  to  authorize  an  interference  with 
the  admitted  rights  of  others. 

No  such  ease  now  exists,  authorizing  interference  for  our  own 
safely.  I  have  looked  at  this  proposition  in  its  aspects,  and  though 
we  have  arrived  slowly  at  the  truth,  by  one  revelation  after  ano- 
ther, enough  now  appears,  to  admonish  us  to  pause,  and  in  the 
language  of  the  Presiilent  in  1826,  lo  ponder  upon  what  we  arc 
about  to  do.  No  one  can  foresee  where  the  adoption  of  this  mea- 
sure would  lead  us.  AVill  any  one  dare  to  say,  it  will  not  bring 
with  it  the  continuance  of  the  present  war,  or  that  it  may  not  in- 
volve us  in  one  greatly  more  calamitous  ?  I  hope,  Mr.  President, 
we  shall  not  abandon  the  old  republican  track,  for  that  travelled  by 
despots  and  ambitions  chieftains,  which  leads  to  military  glory  and 
ends  in  the  burdens  of  taxation,  which  bow  down  ihe  industrial 
classes  in  sorrow  and  ignorance.  Divine  Providence  has  opened  a 
brighter  and  better  path  before  us,  and  it  remains  to  bo  seen  whe- 
ther we  have  the  good  sense  anil  judgment  to  follow,  and  thus 
avoid  the  great  evils  which  oppress  the  nations  of  Europe. 

Mr.  President,  if  Yucatan  is  an  object  of  compassion,  I  would 
not  be  backward  in  fulliliing  all  the  duties  of  humanity,  nor  would 
1  be  scrupulous  aslo  the  exercise  of  power  for  that  end.  I  would, 
if  it  can  he  done  without  entangling  ourselves  in  dangerous  re- 
sponsibilities, send  her  arms  if  the  crisis  demands,  and  shipping  lo 
take  the  jioptilation  away.  But,  sir,  1  cannot  help  feeling  that 
the  appeal  to  our  .humanity  conies,  under  all  the  circumstances, 
with  little  Tavor,  and  stands,  to  say  the  least,  on  statements  that 
ought  to  bo  very  carefully  scrutinized  before  they  are  admitted  as 
'the  basis  of  action.-  Beyond  this  it  is  very  plain,  that  our  duty 
and  our  interests  forliid  us  to  go.  All  beyonti  this  is  too  doubtful 
to  justify  the  steps  which  are  proposed.  I  have,  Mr.  President, 
done  this  subject,  I  am  aware,  very  imperfect  justice,  but  if  atten- 
tion has  been  awakened  to  its  importance,  my  object  is  accom- 
plished. 

On  motion, 

The  Senate  adjourned. 


May  12, 1 


PETITIONS=PRIVATE  BILLS,  ETC; 


617 


FRIDAY,  MAY  12,  1848 


hepout  from  the  state  department. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the 
Secietary  of  State,  made  in  compliance  with  a  resolution  of  the 
Senate,  on  the  memorial  of  A.  A.  Frazier  ;  which  was  read  and 
ordered  to  be  printed. 

petitions. 

Mr.  DAVIS,  of  Mississippi,  presented  the  petition  of  David 
Hunt,  prayins  the  confirmation  of  his  ti'le  to  certain  lands;  which 
was  referred  to  the  Committee  on  Private  Land  Claims. 

Mr.  DICKINSON  presented  a  petition  of  citizens  of  New  York, 
praying  the  removal  of  the  port  of  entry  from  Plattsburg  to  Rouse's 
Point  in  that  State;  which  was  referred  to  the  Committee  on  Com- 
merce. 

On  motion  by  Mr.  BAGBY,  it  was 

Ordered,  That  Dudley  Walker  have  leave  to  withdraw  his  peti- 
tion and  papers. 

MESSAGE  FROM  THE  HOUSE. 

The  following  messasre  was  received  from  the  Honso  of  Repre. 
sentatives,  by  Mr.  Campbell,  their  clerk  : 

Mr.  President ;  The  House  of  Rppresentatives  Iiave  passed  a  bill  for  the  adri^Pbn 
of  the  Stale  of  Wisconsin  iulo  the  Union  ;  in  which  tliey  request  the  concnrrence  of 
tie  Senate. 

The  said  bill  was  read  the  first  and  second  times,  by  unanimous 
consent,  and  referred  to  the  Committee  on  Territories. 

GRANT  OF  LAND  TO  IOWA. 

Agreeably  to  notice,  Mr.  DOUGLAS  asked  and  obtained  leave 
to  bring  in  a  bill  granting  to  the  State  of  Iowa,  the  right  of  way 
and  a  donation  of  public  land  for  making  a  railroad  connecting  the 
Mississippi  and  Missouri  rivers  ;  which  was  read  the  first  and  se- 
ftond  times  by  unanimous  consent,  and  referred  to  the  Committee 
on  Public  Lands. 

L.1ND    CLAIMS. 

Agreeably  to  notice,  Mr.  JOHNSON,  of  Maiyland,  asked  and 
obtained  leave  to  bring  in  a  bill  to  amend  the  act  approved  17th 
June,  1844,  entitled  "Anact  to  provide  for  the  adjustment  of  land 
claims  within  the  States  of  Missouri,  Arkansas  and  Louisiana,  and 
in  those  parts  of  the  States  of  Mississippi  and  Alabama  south  of 
the  30th  degree  of  north  latitude,  and  between  the  Mississippi  and 
Perdido  rivers  ;"  which  was  read  the  first  and  second  times,  by 
onanimous  consent,  and  referred  to  the  Committee  ou  Private 
Land  Claims. 

PAYMENT  OF  INTEREST  TO  ALABAMA. 

On  motion  by  Mr.  BAGBY,  the  prior  orders  were  postponed, 
and  tbe  Senate  rtsimed.  as  in  Committee  of  the  Whole,  the  con- 
sideration of  the  bill  authorizing  payment  of  interest  on  the  amount 
advanced  by  the  State  of  Alabama  to  the  general  government, 
pending  the  Creek  hostilities  in  1836  and  1837. 

The  amendment  submitted  by  Mr.  Peahce,  when  the  bill  was 
last  under  consideration,  was  agreed  to. 

30th  Cong. — 1st  Session — No.  78, 


No  further  amendment  being  made,  the  bill  was  reported  to  the 
Senate;  and  the  amendment  was  concurred  in. 

Ordered,  That  the  bill  bo  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time. 

Rrsolred,  TJiat  it  pass,  and  that  the  title  thereof  be  '*An  act  authorizing  the  uay 
ment  of  interest  apon  advances  made  by  the  State  of  Alabama,  for  the  use  of^the 
United  States  covernment.  in  the  suppression  of  tlie  Creek  Indians  hostilities  of  1836 
and  1S37,  in  Alabama,  and  for  other  purposes." 

Ordered.  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  said  bill. 

BOUNTY  LANDS  TO  OFFICERS  PROMOTED  FROM  THE  RANKS- 

On  motion  by  Mr.  DAVIS,  of  Mississippi,  the  prior  orders  were 
postponed,  and  the  Senate  proceeded  to  consider,  as  in  Committee 
of  the  Whole,  the  bill  explanatory  of  the  act  enti'led  "  An  act  to 
raise  for  a  limited  time  an  additional  military  force  and  for  other 
purposes,"  approved  the  11th  February,  1847,  with  the  amend- 
ments reported  thereto. 

The  reported  amendments  having  been  agreed  to,  the  bill  was 
reported  to  the  Senate,  and  the  amendments  were  concurred  in. 

Ordered,  That  the  bill  be  engrossed,  and  read  a  third  time. 
The  said  bill  was  read  a  third  time. 
Resolved,  Tliat  this  liili  pais,  and  that  the  title  thereof  be  as  aforesaid 

Ordered,  That  the  Secretary  request  the  concurreuce  of  the 
House  of  Representatives  in  this  bill. 

DEFERRED  NOMINATIONS. 

The  Senate  resumed  the  consideration  of  the  resolution  submit- 
ted by  Mr.  Johnson,  of  Maryland,  on  the  28th  ult.,  on  the  subject 
of  Executive  appointments  in  the  recess  of  the  Senate. 

Mr.  JOHNSON,  of  Maryland,  resumed  and  concluded  his  re- 
marks in  support  of  the  resolution;  a  report  of  which  will  be  found 
in  the  Appendix. 

Ordered,  That  the  further  consideration  of  the  resolution  be 
postponed  until  to-morrow. 

THE  PRIVATE  CALENDAR. 

Mr.  JOHNSON,  of  Louisiana,  moved  that  the  Senate  proceed 
to  the  consideration  of  the  order  assigning  this  day  lor  the  consid- 
eration of  private  bills. 

On  motion  by  Mr.  CAMERON,  it  was 

Ordered,  That  the  considerationlof  private  bills,  which  for  this  day 
was  assigned,  be  postponed. 

EXECUTIVE     SESSION. 

On  motion  by  Mr.  CAMERON,  the  Senate  proceeded  to  the 
consideration  of  Executive  business,  and  after  some  time  spent 
therein. 

On  motion. 

The  Senate  then  adjourned. 


618 


PETITIONS— RESOLUTIONS,  ETC. 


[Saturday, 


SATURDAY,  MAY  13.  1848. 


PETITIONS. 
Mr.  CALHOUN  presented  a  petition  of  citizens  of  Charleston, 
South  Carolina,  praying;  a  reduction  of  the  rates  of  postage  on  let- 
ters and  newspapers  ;  which  was  referred  to   the   Committee  on 
the  Post  Office  and  Post  Roads. 

Mr.  DAVIS,  of  Mississippi,  presented  the  memorial  of  J.  An- 
thony King  and  Cuyler  W.  Young,  proposing  to  organize  a  volun- 
teer force,  to  be  received  into  the  service  of  the  United  States,  for 
the  purpose  of  suppressing  the  insurrection  in  Yucatan  ;  which 
was  referred  to  the  Committee  on  Foreign  Relations. 

Mr.  DIX  presented  the  petition  of  J.  Howard  St  Son,  of  New 
York,  praying  to  be  allowed  to  use  two  Spanish  war  steamers  as 
pan  of  a  line  of  steamships  which  they  propose  to  establish  be- 
tween the  port  of  New  York  and  certain  Spanish  and  Mexican 
ports  ;  which  was  referred  to  the  Committee  on  Commerce. 

Mr.  MASON  presented  a  memorial  of  physicians,  chemists, 
and  others,  citizens  of  Alexandria,  Virginia,  praying  the  adoption 
of  measures  to  prevent  the  importation  of  adulterated  and  spuri- 
ous drugs  and  medicines. 

Ordered,  That  it  lie  on  the  table. 

Mr.  DICKINSON  presented  a  memorial  of  citizens  of  Wash- 
ington, in  the  District  of  Columbia,  praying  the  purchase  of  Mount 
Vernon  by  the  government ;  which  was  referred  to  the  Committee 
on  Military  Afl'airs. 

Mr.  DOUGLAS  presented  a  memorial  of  citizens  of  the  Uni- 
ted States  residing  in  Oregon,  asking  that  the  laws  of  the  United 
Slates  may  be  extended  over  the  territory,  and  that  donations  of 
land  may  be  granted  ;  which  was  referred  to  the  Committee  on 
Territories. 

Mr.  BADGER  submitted  additional  documents  relating  to  the 
bill  for  the  relief  of  David  Myerle. 

Ordered,  That  they  lie  on  the  table,  and  bo  printed. 

IMPOKTATIONS  OF  IKON  AND  COAL. 

Mr.  DAYTON  submitted  the  following  resolution,  which  was 
considered;  by  unanimous  consent,  and  agreed  to  : 

Htsotvtd,  That  the  Secretary  of  (lieTreasory  furnish  the  Senate  with  a  etatemenl 
of  ail  the  iron  and  mannfaclnres  of  iron  imported  into  the  Uiided  States  from  the  1st 
of  July.  1847,  to  tlie  1st  of  INlay,  1848.  designatirg  tlie  ditfeient  kinds  of  iion.  and 
the  value  of  each  kind,  and,  also,  the  wilne  of  the  inanufacliires  thereof;  and  the 
qnanlityaati  value  of  all  mineral  coal  imported  during  tlie  same  period, 

POSTMASTER  OF  THE  SENATE. 

Mr.  BAGBY  submitted  the  following  resolution  for  considera- 
tion : 

iJwo/rrd,  That  John  M.  Jameson,  postmaster  of  the  Senate,  be  continued  here 
after  yearly  in  charge  of  the  post  office,  at  the  same  per  illem  h?  now  receives. 

The  Senate  proceeded  to  consider  the  said  resolution  ;  and 

On  motion  by  Mr.  NILES,  it  was 

Ordered,  That  it  be  referred  to  the  Committee  to  Audit  and 
Control  the  Contingent  Expenses  of  the  Senate. 

LIEUT.   JOHN  CASSIN,    UNITED    STATES  NAVY,    DECEASED. 

Mr.  JOHNSON,  of  Maryland,  submitted  the  following  resolu- 
tion, which  was  ccinsidered,  by  unanimous  consent,  and  agreed  to: 

Resolved.  That  the  Secretary  of  the  Navy  he  tequested  to  send  to  the  -Senate  all 
the  papers  tiled  by  Maty  Cassiii,  widow  of  the  late  Lieutenant  John  Cassin,  of  the 
United  States  Navy,  in  her  application  for  a  pension. 

DELAY  IN    PRINTING. 

Mr.  DAYTON  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  ; 

Ptsolvtd.  That  the  Secretary  of  the  Senate  inquire  and  report  to  the  Senate  why 
the  document  relating  to  the  proceedings  of  the  arbitration  in  the  matter  of  tiie  island 
on  which  Fort  Delaware  is  sittiate,  commonly  called  the  Tea  Patch,  has  not  been 
printed  accoiding  to  the  order  of  the  Senate. 

ACTING    DOOR-KEEPER. 

Mr.  HANNEGAN  submitted  the  following  resolution,  which 
was  considered,  by  unanimous  consent,  and  agreed  to  : 

Resolved.  That  N.J.  Holland  act  as  assistant  door-keeper  of  the  Senate  dunng  the 
absence  of  lite  assistant  in  convoying  the  lemains  of  the  Hon.  Cuestlr  Ashley  to 
the  State  of  Arkansas. 

CONSULATE  or  MUSCAT. 

Mr.  HANNEGAN  submitted  the  following  resolution  for  con- 
sideration : 

Resolved,  That  the  Commitlce  on  Foreign  Relations  be  instructed  to  inquire  into 
the  expediency  of  establishing  the  consulate  of  Muscat,  in  the  dominions  of  the  Imauin, 
npon  the  same  footing  with  those  of  Tangiers,  Tnpoh,  and  Tunis,  in  tiie  Batbarv 
Slates. 


ARMING  THE  MtLlTlA. 

Mr.  DOUGLAS  submitted  the  following  resolution,  which  was 
considered,  by  unanimous  consent,  and  agreed  to  : 

Resolved,  That  the  Committee  on  Military  Atfairs  be  instructed  to  inquire  into  the 
expediency  of  amending  the  law,  approved  ii3d  April,  1808,  appropriating  annually 
$"22(1.000  for  arming  the  whole  militia  of  the  United  States  and  territories,  so  as  to  In- 
crease the  same  to  an  amount  equal  to  the  present  wants  of  the  country,  and  report  by 
bill  or  otherwise. 

AID    TO    YUCATAN, 

Mr.  Clarke  submitted  the  following  resolution  ;  which  was  con- 
sidered by  unanimous  consent,  and  agreed  to  : 

Resolved,  That  the  President  of  the  United  States  be  rennested  to  inform  the  So 
nate  whether  all  or  any  part  of  the  navy  stationed  in  the  Gulf  of  Mexico  has  been  or- 
dered  to  proceed  to  the  coa^t  of  Yucatan,  for  the  protection  of  the  white  population  of 
that  country  ;  and.  if  so,  to  transmit  to  the  Senate  a  copy  of  such  orders,  and  also  a 
copy  of  any  advices  from  the  commander  or  otTicers  of  the  squadron  of  a  date  later 
than  those  already  communicated. 

CASE    OF    A.    A.    FRAZIER. 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  the  report  of  the  Secretary  of  Stale,  on  the  me- 
morial of  A.  A.  Frazier,  be  referred  to  a  select  committee,  to 
consist  of  five  niembers,  to  be  appointed  by  the  Vice  President  ; 
and^ 

Mr.  Westcott,  Mr.  Rusk,  Mr.  Foote,  Mr.  Johnson  of 
Maryland,  and  Mr.  Dickinson,  were  appointed. 

private  bills. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen. 
sions,  to  whom  the  following  bills  from  the  House  of  Representa- 
tives were  referred — 

An  act  for  the  relief  of  Thomas  Flanagan. 

An  act  for  the  relief  of  Parmelia  Slavin.  late  wife  of  John  Blue,  deceased. 

reported  the  same  without  amendment. 

RECIPROCITY  WITH  CANADA. 

Mr.  DIX,  from  the  Committee  on  Commerce,  to  whom  were 
referred  several  memorials  on  the  subject,  reported  a  bill  to  admit 
certain  articles  of  the  growth  or  production  of  Canada  in;o  the 
United  States  free  of  duty,  upon  the  condition  that  the  like  arti- 
cles of  the  growth  or  production  of  the  United  States  are  admit- 
ted into  Canada  free  of  duty  ;  which  was  read  and  passed  to  the 
second  reading. 

KETIREB    LIST    IN    THE    NAVY. 

On  motion  by  Mr.  YULEE,  the  prior  orders  were  postponed, 
and  the  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  to  promote  the  efficiency  of  the  Navy, 

On  motion  by  Mr.  YULEE,  it  was 

Ordered,  That  the  further  consideration  thereof  be  postponed  to, 
and  made  the  order  of  the  day  for,  Monday,  the  5th  day  ol  June. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President  ;  The  House  of  Representatives  have  again  passed  the  bill  of  the 
Senate  to  amend  an  act  entitled  "An  act  to  amend  the  act  entitled  '  An  act  to  reduce 
the  rates  of  postage,  to  limit  the  rise  and  correct  the  anuse  of  the  franking  privilege, 
and  lot  the  prevention  of  frauds  on  the  revenues  of  the  Post  Office  Department,' 
passed  the  third  of  March,  one  thousand  eight  iumdred  and  forty-five,"  with  amend- 
ments, in  which  they  request  Hie  concurrence  of  the  Senate. 

The  Senate  proceeded  to  consider  the  amendments  of  the 
House  of  Representatives  to  the  bill  last  mentioned. 

Resolved.  That  they  agree  to  so  much  of  the  amendments  of  the  Hons«  of  Reprs- 
Bentatives  as  proposes  to  insert  an  additional  section:  and  disagteft  to  theresidneof 
then  amendments. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accciiiingly. 

THE   YUCATAN   BILL, 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  the  bill  to  enable  the  President  of  the  United  States 
to  take  temporary  military  occupation  of  Yucatan. 

Mr.  MILLER. — If  this  were  simply  a  question  whether  we 
should  relieve  the  people  of  Yucatan  Irom  a  sudden  and  over- 
whelming calamity,  it  would  receive  my  cordial  and  hearty  sup- 
port. Beside  the  high  Christian  duty  of  humanity,  there  is  to  my 
mind  a  moral  sublimity  in  the  aspect  of  a  great  nation  like  ours, 
stopping  in  its  career  of  power,  of  war,  ana  of  conquest,  to  listen 
to  the  cry  of  suffi.'ring  and  helpless  women  and  children,  and  per- 
forming an   act  of  pure  disinterested,  benevolence.     This  I  hoped 


May  13.1 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


619 


lative,  wh 
order,  and 


would  have  been  the  position  taken  by  our  government  towards 
Yucatan.  But  in  this  I  have  been  mistaken  ;  selfishness  has  tri- 
umphed over  benevolence,  love  oC  dominion  has  superseded  the 
love  of  peace,  and  the  measure  stripped  of  ail  its  high  claims  of. 
humanity,  is  now  presented  to  us  as  a  cold,  calculating  project  ot 
national  policy.  1  will  endeavour  to  show  that  that  is  the  charac- 
ter of  the  proposition  submitted  to  us  in  the  message  of  the  Exe- 
cutive, of  the  29th  of  April,  and  embodied  in  the  bill  now  under 
consideration 

On  the  2Ist  of  April  last,  Santiago  Mendez  then  Governor  of  one 
of  the  States  of  the  Republic  of  Mexico,  sends  a  communication  to 
our  Executive,  representing  that  that  State  was  suffering  under 
the  calamity  of  a  domestic  war,  asking  the  aid  of  our  governrnent, 
and  offering,  in  case  the  relief  be  granted,  to  transfer  the  dominion 
and  sovereignty  of  his  country  to  the  United  States. 

This  is  certainly  a  very  liberal,  and  a  very  singular  proposition; 
it  implores  our  charity,  and  at  the  same  time  proffers  a  most  val- 
uable donation  to  us.  It  is  alike  tempting  to  our  humanity  and 
to  our  selfishness  ;  it  appeals  at  once  to  our  generosity  as  a  Chris- 
tian people,  and  to  our  love  of  dominion  as  an  ambitious  nation. 
There  is  here  such  a  mixing  up  of  opposite  motives  for  action,  that 
if  we  accept  the  proposition,  it  must  be  ever  doubtful  whether  we 
were  moved  by  feelings  of  humanity,  or  by  the  love  of  dominion  ; 
whether  we  save  Yucatan  Irom  the  horrors  of  a  civil  war,  for  the 
sake  of  its  people,  or  whether  we  save  the  people  for  the  sake  of 
taking  Yucatan  to  ourselves.  Upon  looking  at  this  strange  pro- 
position, the  first  inquiry  is,  who  and  what  is  he,  who  thus  pro- 
poses  (0  deal  with  the  calamities  of  his  country,  and  proffers  her 
dominion  and  sovereignty  for  present  help,  in  time  of  need,  who, 
as  it  appears  from  his  own  communication,  is  going  from  court  to 
court,  and  crying  out  like  a  drowning  wnmiin,  in  the  poetic  Ian- 
guage  of  the  Senator  from  IVIichigan,  [JVIr.  Cass,]  "save  rao  and 
take  me?"  Why,  sir,  it  is  a  certain  Mr.  Santiago  Mendez;  and, 
who  is  Santiago  Mendez?  The  documents  on  your  table  giW  you 
his  official  authority  and  character.  He  was,  at  the  date  of  his 
communication  to  our  government,  25th  March,  1848,  Governor  of 
Yucatan,  but  I  do  not  find  any  evidence  whatever  showing,  that  as 
Jiioli  Governor,  he  was  clothed  with  authority  to  transfer  the  sover- 
eignty  of  his  State  upon  any  emergency.  The  only  authority  pre- 
tended is  the  following  article  contained  in  a  decree  made  by  the 
Congress  of  Yucatan  on  the  14th  January,  1848. 

Art.  1.  "The  government  is  empowered  to  take  any  measnre!,  eseeutive  or  le(»i!-_ 
■  cli  il  may  judge  necessary,  lor  the  resloration  of  peace,  llie  consolitialion  of 
the  amelioration  of  all  the  brancties  of  the  public  ailniinistration  " 

By  the  third  article  of  the  same  decree,  it  is  declared  : 

"These  pou-ers  shall  cease  on  tlie  1st  of  September  next,  when  the  chambers  meet 
ftt  the  second  constitutional  period." 

There  is  no  authority  conferred  by  this  decree  for  the  extraor- 
dinary proposition,  to  cede  the  sovereignty  of  the  State  of  Yuca- 
tan. But  if  he  ever  had  any  authority  for  that  purpose,  that  au- 
thority had  ceased  before  his  communication  was  presented  to  our 
Executive,  and  that  fact  was  known  to  the  President  when  he  sent 
the  p'roposition  to  us  by  his  message  of  the  29th  of  April.  As 
early  as  the  4lh  of  April,  Commander  Bigelow,  then  at  Laguna, 
writes  to  Commodore   Perry — 

"We  have  accounts  from  Yucatan  which  state  tlie  troops  stationed  at  Texas,  on 
learuiug  of  Barbechano's  having  superseded  Mendez  io  the  Presidency,  immediately 
took  up  tie  line  of  march  for  Campeachy,  and  abandoned  their  position.  The  par- 
ties appear  to  be  as  divided  and  ho.itile  to  each  otheir  as  ever  ;  or,  perhaps,  the  troops 
who  wished  to  retreat,  took  advantage  of  the  change  in  the  government  to  screen  tlieir 
cowardice."  • 

And  on  the  15th  of  April,  Commodore  Perry  informs  the  Navy 
Department  that 

"Governor  Mendez  has  resigned  in  favor  of  his  political  rival,  Senor  Barbechano, 
which  measure  has,  it  seems,  produced  increased  dissensions  among  tlie  troops — {See 
euclered  extract  from  the  report  of  Commander  Bigelow."^ 

Thus  it  appears  that  befoi-e  the  2Ist  of  April,  the  day  on  which 
this  proposition  was  presented  to  our  government.  Governor  Men- 
dez had  been  superceded  by  his  political  rival  Barbechano,  and  it 
appears  that  this  change  in  the  Executu'e  officer,  was  the  cause 
ot  renewing  party  hostilities  among  'the  people  of  Yucatan, 
and  of  producing  dissension  in  that  country,  and  that  the 
troops  took  advantage  of  the  change  in  the  government  to  screen 
their  cowardice,  abandoned  their  position  of  defence  asjainsl  the 
Indians,  retreated  to  Campeachy,  and  left  the  people  ot  Yucatan 
exposed  to  the  very  calamities  from  which  we  are  now  asked  to 
relieve  them.  But  this  is  not  all.  These  documents  show  that 
the  civil  war  now  raging  in  Yucatan,  was  instigated  by  the  con- 
duct of  Mendez  and  his  party,  that  for  the  purpose  of  advancing 
his  own  ambitious  views,  he  first  excited  the  Indians  against  his 
political  rival,  by  promises  of  relief  from  an  odious  and  oppressive 
tax,  and  then,  after  he  had  attained  power  by  their  aid,  not  only 
broke  his  promises,  but  cruelly  inflicted  other  outrages  upon  their 
persons.  Commodore  Perry  in  his  letter  of  the  16th  of  March, 
says  : 

"In  the  removal  of  Miguel  Barbachiuo  from  the  government  of  Yucatan,  about 
six  months  since,  and  the  snbsutution  of  Santiago  Mendez,  the  Indians  were  engaged 
by  the  Campeachenos  in  support  of  Mendez.  with  promises  of  a  remission  of  the  capi- 
tation tax  and  other  indulgences  ;  but  when  Mendez  was  elected,  tlie  tax  was  claimed; 
the  Indians  refused,  and  in  its  collection  some  of- them  were  put  to  death.  Outrages 
also  on  the  families  of  some  of  the  chiefs  of  the  Indians  seem  to  have  been  perpetra- 
ted by  some  officers  from  Campeachy  ;  and  kcnce  the  fears  of  the  Campeachenos,  and 
the  comparatively  secure  feelings  of  the  inhabitants  of  Merida  and  its  vicinitv. 

"Among  ihegenlteinen  whomi  met  at  the  commandant's,  was  Don  Pedro  Camara, 
said  to  have  been  a  leading  man  of  the  Barbachiuo  parly  before  its  expulsion  Iromof- 
flce.  This  gentleman  spoke  with  great  confidence  ol  the  ability  of  the  whites  to  resist 
the  Indians,  and  seemed  s'ery  coQhdentand  luncli  at  his  ease.    All  of  which  fortliei 


inclined  me  to  the  belief  that  the  whole  matter  is  a  party  quarrel,  io  which  that  of 
Barbachiuo  has  the  best,  and  that  of  Mendez  the  worst,  though  they  may  have  put 
elements  10  agitation  which  may  overwhelm  them  boUi,  and  hence  wish  for  Spanish 
interference  and  assistance." 

So  much  for  the  character,  official  and  personal,  of  Santiago 
Mendez,  who  now  asks  our  humanity  in  exchange  for  the  sov- 
ereignty of  his  country. 

I  desire  now  to  trace  the  history  of  this  proposition.  The  caus- 
es that  induced  it,  and  the  reasons  and  motives  which  have  caused 
our  Executive  to  entertain  th|  measure.  In  November.  1847,  Mr. 
Justo  Sierra,  styling  himsell  "Commissioner  and  Special  Agent 
of  the  government  uf  Yucatan,  near  that  of  the  United  States," 
opened  a  correspondence  with  our  Secretary  of  State.  In  his  first 
letter,  dated  24th  November,  1847,  he  relates  the  grievances  which 
Yucatan  had  sustained  at  the  hands  of  Mexico  ;  and  that,  in  con- 
sequence  of  these  grievances,  Yucatan  was  taking  measures 
"which  will  probably  end  in  a  special  declaration  of  its  absolute 
independence  ;"  thnt  Yucatan  had  maintained  "the  most  rigid 
and  honest  neutrality  in  the  war  now  existing  between  Mexico 
and  the  United  States."  He  then  presents  two  requests  to  our  go- 
vernment : 

"1.  That  the  duties  now  impose*' at  Laguna.  under  the  authority  of  the  United 
States,  on  the  vessels  and  i)roductions  of  Yucatan,  may  be  abolished. 

"2.  That  the  naval  forces  of  llic  l.tniled  States  may  cease  to  occujiy  the  port  of  La- 
guna and  island  of  Carmen." 

Here  I  would  remark  in  passing,  that  as  late  as  Noveiiiber  last, 
Yucatan  asked  no  protection  from  us;  but,  on  the  contrary,  begged 
that  we  would  withdmw  our  naval  forces  from  her  ports,  and  per- 
mit her  to  enjoy  the  rights  of  a  neutral  power. 

Mr.  Buchanan,  in  his  answer,  dated  14th  December,  to  that 
communication,  grants  the  first  request  and  refuses  the  second. 
The  reasons  for  his  refusal  are  stated  by  the  Secretary,  as  loUows: 

"The  position  of  Yucatan  is  peculiar.  The  President  cannot  recognize  her  as  a 
sovereign  and  indepenilent  State.  She  must  still  be  considered  as  a  portion  of  the 
Mexican  republic,  yet  as  neutral  in  the  existing  war.  Had  she  preserved  her  neutrality 
from  the  commencement  of  hostilities  until  the  present  period,  it  is  more  than  probable 
the  naval  forces  of  the  United  States  never  would  have  taken  possession  of  Laguna. 
Il  is  true  that  a  contraband  trade  in  arms  and  munitions  of  war  was  carried  on  between 
that  port  and  the  neighboring  province  of  Tabasco  ;  but  yet  we  might  have  borne  this 
injury  rather  than  h.ave  exercised  the  unquestionable  righ'  ol  arresting  it  by  seizing  any 
portion  of  a  State  which  professed  neutrahty.  But  the  extraordinary  Coug  ess  of 
Yucatan,  by  their  decree  ot  the  25tli  August,  Id4G,  converted  her  neutrality  into  open 
war  against  the  United  States.  After  she  had  thus  made  herself  our  enemy,  the  port 
of  Laguna,  on  the  21st  Decern  Jer,  I84().  was  unconilitionally  surrendered  to  our  forces. 
It  is  true  that  Yucatan  has  again  become  neutral,  but  il  cannot  be  denied  thatshd  has 
ei  er  since  been  distracted  by  civil  disseiitions,  and  that  the  enemies  of  neutrality  and 
partisans  of  Mexico  arc  m  open  rebellion  against  her  government." 

As  this  is  the  only  letter  from  our  Secretary  in  answer  to  the 
numerous  coinmunications  made  to  him  by  Mr.  Sierra,  I  ask  the 
particular  attention  of  the  Senate  to  three  important  facts  asserted 
by  the  Secretary. 

First.  That  the  President  could  not  recognize  her  [Y'ucatan,] 
"as  a  sovereign  and  independent  State."  She  must  be  considered 
as  a  "portion  of  the  Mexican  republic." 

Second.  That  although  she  professed  neutrality,  the  extraordi- 
nary Congress  of  Yucatan,  by  their  decree  of  the  25th  of  August, 
1846,  converted  her  neutrality  into  open  war  against  the  Unites. 

Third.  That  although  she  has  agaii.  becoine  neutral,  it  cannot 
be  "denied"  that  she  has  ever  since  been  distracted  by  "civil  dis- 
sentions,"  and  that  the  enemies  of  neutrality  and  partisans  of  Mex- 
ico are  in  "open  rebellion"  against  her  government. 

These  admitted  facts  will  be  found  of  the  highest  importance  in 
the  consideration  of  that  subject  ;  and  I  shall  return  to  them  again 
under  another  branch  of  my  argument. 

Next,  we  have  a  series  of  letters  from  Mr.  Sierra  representing 
the  suffering  and  helpless  condition  of  the  white  citizens  of  Yuca- 
tan under  a  cruel  and  exterminating  savage  war,  and  asking,  in 
the  name  of  humanity  and  civilization,  aid  from  the  United  States 
in  money,  arms,  and  military  force.  To  this  appeal  to  our  hu- 
manity, there  is  no  response  from  the  E.xecutive.  He  is  as  cold 
and  as  silent  as  the  grave.  The  commissioner  then  strikes  another 
cord  ;  he  appeals  to  our  national  pride  and  jealousy,  and  hints, 
that  if  the  United  States  does  not  grant  the  aid  asked  lor,  England, 
France,  or  Spain  will  be  appealed  to  ;  and  then  very  dexterously 
quotes  to  the  President  his  own  message  against  Em'opean  inter- 
ference upon  this  continent.  He  also  names  our  generous  sympa- 
thy towards  the  Greeks  and  the  Pope  of  Rome,  Yet  there  is  no 
response.  The  cry  of  suffering  wotnen  and  children  is  still  un- 
heard. The  President  does  not  find  in  any  of  these  things  suffi- 
cient consideration  to  induce  him  to  grant  protection  to  Yucatan  ; 
and  the  savage  exterminating  war  goes  on.  Now,  sir,  what  must 
be  the  opinion  of  the  world  in  regard  to  such  an  application.  This 
man  comes  here,  and  tells  us  that  the  women  and  children  of  Y'u- 
catan  are  about  to  be  massacred  by  the  savages  ;  that  the  white 
population  is  about  to  be  sacrificed  ;  and  he  asks  us  in  the  name  of 
humanity  to  help  them,  and  if  we  do  not,  they  will  go  to  our  rival 
and  ask  her  aid.  Thus  he  holds  out  a  threat,'  that  in  case  we  re- 
fuse his  applicstion,  the  sovereignty  of  Yucatan  will  be  transferred 
to  England.  This  is  like  the  case  of  a  man,  who,  when  his  house 
is  on  fire  with  his  family  in  it,  goes  across  the  street,  and  coolly  ap- 
proaching his  neighbor,  would  exclaim,  "My  wife  and  children  are 
in  danger  of  being  burned  ;  come  and  rescue  them,  and  in  return 
for  your  humanity,  I  will  give  you  a  deed  for  the  house."  And 
then  to  follow  out  the  illustration,  if  the  neighbor  should  turn  a 
deaf  ear  to  the  call,  the  supplicant  would  say,  "Well,  if  you  don't 
agree  to  the  bargain,  I  will  go  and  treat  with  your  friend  over  the 
way."  How  would  such  a  proposition  be  received  by  any  honora. 
ble  man  ?  He  would  doubtless  rush  to  the  succor  of  the  helpless 
woman  and  children  ;  but  the  proposition  he  would  treat  with  scorn, 


620 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Saturday, 


and  be  tempted  almost  to  thrust  its  author  in  the  flames.  And 
yet  this  has  been  the  way  in  which  our  humanity  has  been  ap- 
proached by  the  commissioner  of  Yucatan. 

On  the  23d  of  Febrnary,  184S,  the  treaty  of  peace  between  the 
United  States  and  JUexieo  is  sent  into  the  Senate.  Ol  the  terms 
of  that  treaty  I  cannot  speak  j  but  it  appears  Mr.  Sierra  had  h:s 
eye  upon  this  tr"aiy,  and  is  quite  well  informed  of  its  provisions. 
Sir,  on  the  very  next  day.  the  24th  of  February,  he  presents  to 
our  Secretary  of  State  a  formal  protest  against  its  ratitication.  In 
this  most  remarkable  protest,  Mr.  Sierra  seems  to  forget  the  de- 
pendance  and  helplessness  of  his  State,  and  assumes  the  tone  and 
authority  of  a  sovereign  prince,  claiming  the  right  to  interfere  in 
the  negotiations  of  our  government.  He  commences  by  telling  us 
that  this  treaty  contains  a  question  of  life  or  death  for  Yucatan: 
that  it  is  a  hasty  affair,  and  made  by  those  who  had  ''no  authori- 
ty or  commission  for  that  purpose  ;"  that  it  is  null  and  void  and 
will  not  be  submitted  to  bv  the  people  of  Mexico,  and  that  even 
Yucatan  "will  not  crouch  servilely  before  peril  however  grave." 
He  then  refers  again  to  the  situation  of  V  ucatan,  and  concludes 
by  protesting  that 

"  A  treaty  of  peace,  in  wliicli  Yuoatan  is  not  freeil  from  tlie  fury  ofliie  iiiaoHa- 
nDCBof  iVIexico,  on  acconnt  of  its  conduct  in  the  jtresent  war,  or  is  not  left  at  liberty 
to  eeek  for  admission  as  a  free  ami  sovereign  State  in  ttie  vastcontetteracy  of  ttie  Uni- 
ted States,  wliicti  it  most  ardently  desires  as  most  advantageous  for  it;  a  treaty  of 
peace conlaiiiin?  no  provisions  of  t tils  nature  is.  I  repeat,  eminently  prejudicial  to  Yu- 
catan, wliicii  cannot  anil  ougtit  not  to  see  itself  thus  sacrificed  without  at  least  utter- 
ing a  cry  of  complaint,  without  taking  some  measure  to  demand  justice. 

"  For  tliese  reasons  I  protest,  in  tlie  name  of  my  government  and  of  the  people  of 
Yucatan,  ajjainst  the  terms  of  this  treaty  ;  and  I  deinaud  that  in  any  event  the  lot  of 
Yucatan  should  be  assured  in  it." 

This  protest  expresses  no  fear  of  the  Indians— it  asks  no  aid  of 
the  United  States  against  savage  extermination.  The  alarm  pro. 
ceeds  from  another  quarter.  Mexico  is  about  to  make  peace  with 
the  United  States — Yucatan  has  been  declared  part  of  Mexico  by 
our  government— she  is  in  a  state  of  rebellion  against  the  general 

fovernment  of  Mexico,  and  in  the  event  of  peace  and  the  with- 
rawal  of  our  army  from  Mexico,  that  republic  may  compel  Yu- 
catan to  return  to  her  allegiance.  To  avoid  this  result,  and  not 
that  of  extermination  by  the  Indians,  Mr.  Sierra  asks  the  in- 
terference of  our  government.  It  is  not  to  save  her  from  the  sav- 
ages of  Yucatan,  but  to  protect  her  against  what  he  calls  the 
mandarines  of  Mexico,  that  our  aid  is  now  solicited  for  Yucatan. 

Strange  to  say,  that  this  most  novel  and  meddlesome  protest — 
full  of  bad  faith  towards  Mexico,  with  whom  we  were  then  hold- 
ing negotiations  of  the  most  delicate  and  honorable  character,  is 
received  and  entertained  by  our  Executive  without  rebuke  or  re- 
ply. Thus  stood  the  matter  until  abont  the  20th  of  April,  when 
the  official  communication  from  Governor  Mendez  offering  the  do- 
minion and  sovereignty  of  Yucatan  to  tho  United  States,  was  pre- 
sented to  the  Executive.  Then  it  was  that  our  Executive  lirst 
waked  up  to  the  cry  of  humanity,  which  had  been  ringing  in  the 
ears  of  the  nation  for  months,  and  aftw  nine  days  of  anxious  cabi- 
net consultation,  he  sends  a  message  to  Congress  in  which,  after 
depicting  the  sufferings  of  the  people  of  Yucatan  with  a  pathos 
that  almost  excites  our  sympathy  to  tears,  concludes  by  submit- 
ting 

— "  to  the  wisdom  of  Congress  to  adopt  such  measures  as,  in  their  judgment,  may  be 
expedient,  to  prevent  Y'uratan  from  hecoinins  a  colony  of  any  European  power, 
wliioh,  in  no  event,  could  he  permiued  liy  the  United  Slates  ;  and,  at  the  same  time, 
to  rescue  Ihe  white  race  from  extermination  or  expulsion  I'rom  their  countrv." 

In  this  proposition  humanity  is  made  a  secondary  consideration, 
tt  mere  incidental  object.  The  ruling  motive  for  our  action  is,  to 
prevent  Yucatan  froin  becoming  a  colony  of  any  European  power, 
at  tho  same  time,  that  is,  while  we  are  contendinu  lor  the  great 
object,  the  dominion  of  the  country,  to  rescue  its  white  inhabitants 
from  ex'crminaiion  and  expulsion. 

When  I  first  heard  that  message  rend,  I  was  at  a  loss  to  know 
what  measure  we  could  adopt,  acting  in  our  legislative  capacity,  to 
jprovent  Yucatan  from  becoming  a  colony  of  any  European  power  ; 
for  if  there  be  any  real  danger  of  this  result, and  we  have,  as  is  eon- 
tended,  the  right  to  interfere,  it  was  the  duty  of  the  President,  in 
his  Executive  capacity,  to  say  to  such  European  powers,  that  the 
government  of  the  United  States  woulil  not  permit  them  to  inter- 
fere with  the  sovereignty  of  Yucatan.  But,'  sir,  the  Committee 
on  Foreign  Relations  have  solved  the  difficulty.  The  way  lo  pre- 
vent Yucatan  from  becoming  a  colony  of  any  European  power,  is 
to  take  her  ourselves — first,  by  an  armed  occupation,  for  the  pur- 
pose of  rescuing  the  white  race  from  extermination,  and  then  by 
annexation,  in  order  to  secure  the  permanent  dominion  of  the  coun- 
try. This  is  the  object  of  the  bill  reported  by  the  committee,  as 
explained  by  the  honorable  chairman,  and  also  by  the  Senator  from 
Michigan   [Mr.  Cass.] 

Tho  honorable  chairman  urges  the  immediate  passage  of  the 
bill,  and  tells  us  that  England  is  proceeding  '■  wiih  racehorse 
speed"  towards  Yucatan,  and  that  unless  we  get  there  soon,  she 
will  get  in  belore  us.  The  Senator  from  Michigan,  still  more 
alarmed  by  the  emergency  of  the  occasion,  sees,  or  imagines  ho 
sees,  England  there  already,  not  only  in  possession  of  Yuoatan, 
but  also  of  Cuba,  with  towers  and  fortifications  on  the  land  anil 
aimed  steamers  on  the  sea,  cutting  our  commerce  in  two,  com- 
manding every  entrance  into  the  gulf,  and  thus  imprisoning  our 
trade  wiihin  a  line  of  strong  military  and  naval  positions.  Under 
this  grand  national  view  of  the  subject,  what  becomes  of  our  hu- 
manity for  the  poor  women  and  children  of  Yucatan  ?  In  this  rtico 
for  dominion,  the  exercise  of  our  philanthropy  t.iwards  the  white 
race  of  Yucatan  is  to  end  in  a  contest  between  England  and  tho 
United  Slates  over  the  graves  of  the  Yacatecos,  for  the  possessioa 
of  a  depopulated  country. 


Into  what  a  strange  and  false  position  do  gentlemen  place  Eng- 
landand  America!  Thetwo  great  Christian  and  civilized  nations  of 
the  earth  turning  a  deaf  ear  to  the  cry  of  humanity,  and  each  gaz- 
ing with  covetous  eye  upon  a  defenceless  and  wo-stricken  country, 
and  each  under  pretence  of  giving  aid  to  its  wretched  people, 
seeking  an  opportunity  to  establish  dominion.  The  eagle  and  the 
lion  watching  the  same  prey,  and  whether  the  eagle  shall  strike 
before  tlie  lion  has  time  to  leap,  is  the  question  which  now  lear- 
fully  agitates  the  minds  of  honorable  Senators. 

IVow,  what  becomes  of  all  the  cry  about  the  suffering  women 
and  children,  and  those  considerations  of  humanity  which  were 
dwelt  upon  so  eloquently  by  the  honorable  Chairman  of  the  Com- 
mittee 0.1  Foreign  Relations?  The  effort  now  appears  to  be,  not 
to  repulse  the  Indians,  but  drive  off  England  in  order  that  we  may 
take  the  country  to  ourselves. 

In  my  opinion,  tho  Executive  of  the  United  States,  ought  not  to 
have  entertained  this  proposition  in  the  form  and  manner  in  which 
it  was  made,  and  for  the  object  proposed.  I  do  not  mean  to  say 
that  he  should  have  shut  his  ears  against  the  cry  of  humanity,  but 
that  while  he  yielded  to  the  call  of  humanity,  it  was  his  duty  to  re- 
ject the  proposition  to  interfere  with  the  civil  and  political  rela- 
tions of  Yucatan,  as  insulting  to  our  honor,  and  pregnant  with 
bad  faith  towards  Mexico,  with  whom  we  are  holding  negoiiations 
of  the  most  delicate  nature.  I  have  already  alluded  to  the  fact, 
that  Yucatan  is  one  of  the  States  of  the  republic  of  Mexico.  It 
has  been  acknowledged  to  be  such  by  the  Secretary  of  State,  and  by 
the  President  himself.  Here,  then,  comes  one  of  the  States  of  the 
republic  of  Mexico,  and  proposes  in  return  for  this  supplicated  aid, 
to  cede  her  sovereignty  and  dominion  to  the  United  States.  Now, 
I  submit  this  proposition,  that  if  we  were  this  day  at  peace  with 
Mexico,  and  such  a  proposal  were  entertained  by  our  government, 
it  would  m  itself  be  an  act  of  war.  because  of  necessity  it  must 
lead  to  war.  But  the  honorable  Senator  from  Michigan,  enter- 
tnino^n  oppositB  opiuion.  Hc  says  that  if  we  were  at  peace  with 
Mej^o,  we  could  lawfully  entertain  this  proposition  to  take  armed 
occupation  of  Yucatan.  Why,  the  idea  is  monstrous  !  Suppose 
one  of  our  States  should  think  proper  to  place  herself  in  a  pnsition 
somewhat  adverse  to  the  general  government?  Suppose  a  major- 
ity of  the  people  of  that  State  of  a  certain  caste,  should  take  ad- 
vantage of  this  isolated  position  of  the  State,  and  should  rise  in 
rebellion  against  the  whites — could  that  State,  while  we  were  at 
peace  with  Great  Britain,  go  to  that  country  and  say,  here  is  a 
domestic  war;  we  are  about  to  be  exterminated;  come  save  us 
and  take  us,  and  Great  Britain  should  entertain  that  proposition, 
and  in  Parliament  gravelv  discuss  the  question  whether  they  would 
send  an  army  into  South  Carolina,  or  Alabama,  for  the  purpose  of 
helping  that  State,  and  to  take  armed  occupation  of  it,  without  the 
consent  of  the  United  States,  would  not  the  conduct  of  Great  Brit- 
ain be  regarded  as  hostile  to  us,  and  tantamount  to  war  ?  Yet 
that  is  precisely  the  case  here.  The  President  proposes  to  take 
armed  occupation  of  one  of  the  States  of  Mexico,  under  an  offer  of 
its  sovereignty,  and  the  Senator  from  Michigan  says,  that  in  time 
of  peace,  we  would  have  a  right  to  do  so.  To  sustain  his  opinion, 
the  honorable  Senator  asserts  that  Yucatan  is  now  politically  sep- 
arated from  Mexico,  as  much  as  China.  How  does  he  make  that 
fact  out  in  the  face  of  the  acknowledgment  of  our  own  government, 
that  Yucatan  is  part  and  parcel  of  Mexico  ? 

But,  sir,  we  are  not  in  a  state  of  peace  with  Mexico,  our  rela- 
tions with  that  republic  are  of  a  peculiar  character  at  this  moment. 
For  the  last  two  years  a  bloody  and  disastrous  war  has  beea 
raging  between  us.  '  Tiie  civil  and  military  power  of  Mexico  have 
been  overthrown  by  the  valor  and  skill  of  our  army.  To  save  herself 
from  utter  annihilation,  Mexico  has  been  forced  to  yield  to  our  de- 
mands two  of  her  northern  States,  upon  condition  that  we  would 
permit  her  to  retain,  in  peace,  the  ba:ance  of  her  territory.  Isego- 
tiations  for  this  purpose  are  now  going  on,  and  our  commission- 
ers are  now  in  Mexico,  urging  in  good  faith,  I  trust,  the  consum- 
mation of  a  treaty  of  peace  and  amity  between  the  two  natiouj. 
Yet  at  a  time  like  this,  and  under  circumstances  like  these,  we  are 
holding  a  secret  intrigue  with  the  governor  of  one  of  the  southern 
States  of  Mexico,  and  entertaining  a  proposition  which  is  to  sepa- 
rate that  Stale  from  the  ^lexican  republic,  and  annex  it  to  our 
own.  We  are  doing  that,  too,  without  consulting  Mexico,  and  in  the 
face  of  the  admitted  fact,  that  Yucatan  "is  a  portion  of  the  Mexi- 
can lepublic." 

We  have  heard  much  of  the  bad  faith  of  Mexico;  but  if  it  be 
true,  as  has  been  said,  that  the  treaty  now  under  negotiation  con- 
tains,  on  our  part,  a  stipulation  not  to  interfere  with  any  of  the 
other  States  of  Mexico  without  the  consent  of  her  general  govern- 
ment, what  w'ill  be  said  of  our  national  honor  and  faith,  if  we  should 
now,  even  before  the  ink  is  dry  which  records  our  covenant  of  non- 
interference, seize  upon  Yucatan?  It  is  evident,  to  luy  mind,  that 
if  this  project  is  to  be  persevered  m,  it  will  be  the  means  of  either 
continuing  the  present  war,  or  the  cause  of  a  new  war  with  Mex- 
ico. It  has  been  admitted,  on  several  occasions,  on  this  floor,  b^ 
tho  friends  of  annexation,  that  the  annexation  of  Texas  was,  if 
not  the  immediate,  yet  the  remote  cause  of  the  present  war  with 
Mexico.  Is  there  not  a  similarity  in  the  two  cases  ?  Our  interfer- 
ence with  Texas  commenced  with  the  cry  for  aid  against  Mexican 
oppression  and  cruelty.  Our  citizens,  in  defiance  of  law  and  of 
General  Jackson's  proclamation  forbidding  their  interference 
with  tho  internal  aflairs  of  Mexico,  passed  into  Texas,  joined  in 
her  revolution,  and  wrested  that  State  from  the  dominion  of  Mex- 
ico. Then  came  tiio  cry  of  English  interference,  and  the  danger 
of  Texas  becoming  a  colony  of  some  European  po«er.  Tha 
safety  of  the  Union— the  extension  of  the  area  of  freedom,  ending 


Mav  13.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


621 


in  annexation,  and  followed  tip  by  a  war  with  Mexico.  Do  not 
Senators  see,  in  the  Yucatan  affair,  the  beginning  of  the  same  pro- 
cess ?  First,  we  have  humanity  lo  excite  our  sympathies;  thence 
fear  of  England  to  arouse  our  national  jealousy;  thence  armed 
occupation,  to  be  followed  by  annexation,  all  making  out  a  cause 
immediate  or  remote,  for  another  war  with  Mexico.  With  the 
history  of  our  present  difficulties  with  Mexico  fresh  in  his  recollec- 
tion, the  President  could  not  fail  to  see  that  the  measure  now  re- 
commended by  him  was  the  act,  of  all  others,  most  calculated  to 
excite  the  suspicions  of  Mexico,  and  to  defeat  the  treaty  which  he 
professes  to  see  speedily  consummated.  It  has  been  said,  in  cer- 
tainquarters,  that  this  treaty  was  forced  upon  the  Executive,  and 
that  althiiugh  he  recommended  its  ratification,  he  was  not  at  heart 
io  favor  of  the  raeasu.e.  I  cannot  permit  myself  to  believe  that 
the  President  is  capable  of  any  such  double  dealing,  upon  a  ques- 
tion of  such  high  importance  to  the  honor  and  pe.ace  of  the  country 
as  this.  Yet  it  must  be  admitted,  that  this  untimely  interference 
with  one  of  the  States  of  Mexico  will,  whether  iniendrd  or  not, 
oast  suspicion  upon  the  sincerity  of  our  government,  as  to  its  pro- 
fessions for  speedy  peace  with  Mexico.  The  people  of  the  country 
rejoiced  at  the  first  prospect  of  peace.  They  desired  to  see  this 
miserable  war  with  Mexico  brought  to  a  speedy  termination,  and 
longed  to  be  assured  that  our  difficulties  with  that  unfortunate  coun- 
try were  finally  adjusted.  Proud  of  the  glory  achieved  by  our  gallant 
army,  and  believing  that  no  other  advantage  to  the  country  could 
result  by  the  further  prosecution  of  the  war,  they  did  expect  that 
the  first  opportunity  to  restore  honorable  peace  to  the  country 
would  be  embraced  by  our  government. 

I  have  already  shown  that  the  proposition  to  cede  the  sover- 
eignty of  Yucatan  to  us,  had  a  close  connexion  with  the  depending 
treaty  of  peace  between  us  and  Mexico;  that  it  was  not  made  un- 
til after  that  treaty   had  been  sent  to  the  Senate;  and  that  the  ob- 


,  iur- 


ject  of  Yucatan  in  making  the  proposition  was  to  induce  this 
ernment  th  relieve  her  from  the  terms  of  the  treaty;  to  save 
not  from  the  Indians,  but  from  the  power  of  Mexico.  Nay, 
ther  it  is  now  quite  evident  that  this  proposition  of  Yucatan  was 
made  for  the  purpose  of  defeating  peace.  Let  us,  then,  beware 
how  we  entertain  it,  and  thereby  disappoint  the  earnest  desire  of 
the  country  for  a  speedy  adjustment  of  our  Mexican  difficulties. 

If  there  ever  was  a  time  in  our  history  when  all  the  great  inter- 
ests of  the  country  demanded  peace,  and  speedy  peace,  it  is  now 
— on  this  very  day.  The  nations  of  the  old  world  have  been  sud- 
denly thrown  into  a  state  of  revolution.  The  policy  of  for- 
eign inierlerence,  of  national  intermeddling,  is  now  receiving  the 
bitter  fruits  of  its  labor.  The  proud  raonarchs  of  Europe,  who 
set  themselves  up  to  regulate  the  affairs  of  the  world,  are  now 
unable  to  defend  their  own  existence.  Ancient  thrones  are  totter- 
ing upon  their  foundations;  and  which  shall  stand,  or  which  shall 
fall,  is  a  question  belonging  to  the  news  of  thed.iy.  Europe,  still 
disturbed  in  all  her  political  and  commercial  relations,  yields  the 
control  of  the  world's  commerce  to  our  enterprise.  Capital,  Iright- 
ened  Irom  its  investments  in  the  old  world,  seeks  employment  un- 
der the  safety  of  our  institutions;  and  labor,  and  enterprise,  and 
wealth,  escapi'ig  from  beneath  the  tumbling  ruins  of  despotism, 
seek  safety  in  our  temple  of  liberty.  In  this  momentous  crisis  in 
the  world's  affairs — in  this  hour  of  confusion  to  nations — at  this 
moment,  when  the  clouds  of  war  are  gathering  thick  and  dark 
over  the  eastern  horizon — when  we  see  the  liglitning's  flash  and 
hear  the  distant  thunders  roll,  with  what  joy  and  hope  do  we  turn 
to  see  the  bow  of  peace  span  our  clear  western  sky  !  Wipe  off  the 
little  jpeck  of  war  from  our  pjliiical  horizon — cease  this  contest 
for  worthless  Mexican  territory,  and  give  us  peace,  immediate 
and  permanent  peace,  and  you  will  secure  to  your  country  the  do- 
minion of  the  sea — the  control  of  ihe  commerce  of  the  world. 

I  will  now  notice  the  reasons  assigned,  as  well  by  the  President 
8«  by  Senators,  for  the  adoption  of  this  measure.  They  are  two: 
First — to  prevent  European  interference  for  the  sake  of  dominion. 
Second— to  rescue  the  white  population  of  Yucatan  from  an  exter- 
minating Indian  war.  In  support  of  the  first  reason,  the  President 
lays  : 

•'  We  have  now  authentic  information  ttiat.  if  tlie  aid  aslted  for  from  the  United 
States  bs  not  granted,  such  aid  will  iirobahly  be  obuined  from  some  European  power 
which  may  hereafter  aisert  a  claim  to  "'  dominion  aiid  sovereignty''  over  Yocatan." 

If  the  President  means  by  this  that  we  have  authentic  informa- 
tion that  some  European  power  will  grant  aid  to  Yucatan  for  the 
sake  of  humanity.  The  fact  is  undoubtealy  so;  for  Spain  has  al- 
ready granted  such  aid,  and  is  preparing  to  afford  more.  But,  sir, 
I  have  looked  in  vain  through  these  documents  for  any  evidence 
going  to  show  that  such  aid  has  been,  or  will  be,  furnished  by  any 
European  power,  for  the  purpose  of  asserting  a  claim  to  dominion 
and  sovereignty  over  Yucatan.  It  is  true,  we  have  opinions  and 
suspicions  given  and  entertained  by  Mr.  Sierra  and  others,  upon 
this  point,  but  there  is  not  a  single  fact  proved  to  sustain  these 
opinions  and  suspicions.  On  the  contrary,  the  facts  stated  prove 
that  they  are  unfounded.  The  suspected  European  powers  named 
in  these  documents  are  France,  Spain,  and  England.  As  to 
France,  Commodore  Perry,  in  his  letter  of  the  19th  of  March, 
says  : 

I  "1  have  it  direct  from  the  French  consul  here,  that  tlie  government  of  Yucatan  has 
more  than  twice  within  a  few  years  baclt.  pppHed  lo  France  for  permission  to  hoist  the 
French  flag,  and  to  become  a  French  colony,  bat  their  proffers  have  as  often  been  de- 
clined." 

Spain  has  also  been  appealed  to  through  her  authorities  in  Cuba, 
and  It  is  trne,  that  she  has  listened  to  that  appeal,  and  granted 
reUef,  but  how,  and  for  what  object  ?  Not  by  taking  possession  of 
th«  ttountry  for  tha  isake  of  domimoa,  but  by  promptly  Heading 


part  of  her  naval  force  there,  to  give  protection  and  succor  to  sach 
of  the  white  inhabitants  of  Yucatan,  who  might  fiy  to  the  sea  coast 
for  protection  against  a  savage  foe.  And  for  fear  that  her  motives 
might  be  suspected,  she  disclaims  in  advance,  all  intention  to  in- 
terference with  the  civil  and  political  relations  of  Yucatan.  The 
instructions  given  to  her  naval  commander,  are  worthy  of  our  no- 
tice.    I  will  read  part  of  them: 

'•  That  tlie  presence  of  his  vessel  on  the  coast  of  Vncatan  is  merely  protectory  and 
has  no  hostile  character  whatsoever."  ' 

"Thar  on  this  principle  only,  will  we  be  allowed  to  frant  assistance  lo  the  Span 
iards  at  d  other  inhabitants  who  may  look  for  protection  under  liU  flag." 

■'  Lastly,  after  having  earnestly  repeated  to  the  commander  of  the  'Chnrroa,'  that 
he  should  carry  the  desires  that  animate  the  authorities  of  Cuba,  lo  be  useful  to  the 
inliabilants  of  Yucatan,  to  whom  Ibcy  are  linked  by  ties  of  blood  and  friendship,  bs 
was  further  directed  to  effect  a  landing  on  the  heach.  if  it  should  be  necessary  to  do  so, 
in  order  lo  protect  the  lives  of  men.  women,  and  children,  in  ca^c  ihal  they  should  be 
attacked  within  range  of  his  mnsketry;  bnt  that  under  no  pretext  should  tlie  Undinj 
party  advance  more  than  ten  yards  from  the  seashore." 

Upon  these  instructions,  the  official  organ  of  the  government  of 
Yucatan,  under  date  of  the  8th  of  February  last,  remarks  :  (I  read 
from  the  documents  before  us.) 

"  Tims  they  respect  Ihe  independence  and  sovereignty  of  Yucatan  and  the  intema- 
lional  law.  in  order  that  it  should  in  no  wise  be  understood  that,  profiling  bv  the  criti- 
cal siiualion  of  llie  coontry.  they  had  an  intention  of  subjugating  it  by  theeslabiish- 
raent  ol  a  certain  doiniiialion. 

"And  this  It  is  that  honors  more  than  anything  else,  the  generous  officers  of  her  Ca- 
Iholic  Majesty  in  the  island  of  Cuba,  who  offer  us  their  protection,  moved  only  by  llie 
holy  love  tor  afflicted  humanity." 

Who  does  not  see  and  feel  the  beauty  and  justice  of  this  senti- 
ment? The  conduct  of  the  Sp.anish  authorities  on  this  occasion,  is 
worthy  of  the  best  days  of  old  Spain,  and  instead  of  exciting  our 
jealousy,  should  command  our  imitation. 

But  England  is  the  power  referred  to.  England  will  take  ad- 
vantage of  the  critical  situation  of  Yucatan,  grant  the  aid  if  we  do 
not,  and  then  ■'  assert  a  claim  to  dominion  and  sovereignty  over 
Yucatan."  Now,  sir.  there  is  not  a  particle  of  reliable  evidence 
before  us,  to  show  that  the  government  of  England  entertains  any 
such  illegal  and  dishonorable  design  toward  the  sovereignty  of 
Y'ucatan.  The  nature  and  the  character  of  all  the  information  we 
have  upon  this  point,  are  expressed  in  the  following  extract  fi'om 
a  letter  of  Commodore  Perry,  dated  13th  March.     He  says  : 

"  The  French  consul  expresses  the  opinion  that  England  may,  in  view  of  obtaining 
an  increase  ot  lerritory  in  llie  bay  of  Honduras,  and  possession  of  the  harbors  of  "As- 
cension' and  'Espirilu  Santo.'  on  the  east  coast  of  Yucatan,  be  induced  to  t'arnisli  Bid 
in  troops  an<i  muniiions  from  the  settlement  of  the  Balize,  and  a  person  is  now  in  the 
city,  piolessing  to  be  an  agent  sent  expressly  from  Jamaica  to  enter  into  some  arrange- 
ment svith  the  Yucatan  government.  This  information  is  gis'en  for  what  it  is  worlb; 
in  my  own  mind,  it  has  little  weight." 

We  have,  it  is  true,  the  opinions  and  surmises  of  Mr.  Sierra. 
He  says  he  has  reason  to  believe,  that  the  British  government  will 
interfere.  Fiom  what  does  he  make  such  an  inference?  From 
the  fact  that  British  arms  have  been  found  in  the  hands  of  Indians, 
obtained,  as  he  supposes,  from  the  British  agent  at  the  Balize.  He 
has  not  even  proof  of  the  fact,  but  if  he  had,  would  it  follow  the  gov- 
ernment of  England  had  such  an  intention,  because  some  of  her 
subjects  may  have  sold  arras  to  the  insurgents?  Why  since  our 
war  commenced  with  Mexico,  it  is  said,  I  hope  without  founda- 
tion, that  some  of  our  own  citizens,  not  being  overburthened  with 
pairioiism,  have  sold  arms  to  the  enemy.  The  idea  of  charging 
the  government  of  England  with  the  intention  to  seize  the  domin- 
ion of  Y'ucatan,  because  some  of  the  Indians  obtained  arins,  from 
some  of  the  subjects  of  that  government  residi.ig  at  the  Balize,  is 
perfectly  preposterous.  We  may  talk  about  the  probability  of 
Great  Britain  seizing  upon  Yucatan,  in  order  to  excite  our  watch- 
fulness, but  we  must  remember  that  such  probabilities  are  not 
sufficient  for  governments  to  act  upon.  We  must  have  some  evi- 
dence of  her  moving  in  the  matter,  before  we  can  make  her  action 
the  reason  for  our  interference. 

But,  sir,  when  we  consider  the  political  relations  of  Yucatan,  it 
is  all  idle  to  say  that  England  will  seize  upon  the  dominion  of  that 
country.  We  know  that  an  act  of  this  kind  would,  under 
existing  relations  between  the  United  States  and  Mexico,  b^ 
an  act  of  war;  she  would  have  two  wars  at  once  upon  her  hands — ■ 
war  with  Mexico  for  seizing  upon  one  of  her  States,  war  with 
the  United  States  for  enterforing  with  a  country  with  which  we 
are  at  w.ir,  and  now  blockaded  by  our  fleet,  and  subject  to  be  con- 
quered by  our  armies  Even  by  the  laws  of  war,  England  at  thli 
time  could  only  be  permitted  to  appear  in  Yucatan  either  as  the 
ally  of  Mexico  or  of  the  United  States.  If  she  comes  seeking  con- 
quests for  herself,  a  conflict  of  arms  is  certain,  and  war  inevita- 
ble. When  then  the  honorable  chairman  expressed  his 
fears  of  the  immediate  interference  of  England,  and  told  us  that 
she  was  proceeding  "with  race  horse  speed,"  to  take  possession  of 
Y'ucatan,  he  must  have  overlooked  entirely  this  view  of  the  case. 
This  cry  of  England's  jnterference  with  the  nations  on  this  conti- 
nent has  lost  its  effect  upon  me;  it  has  been  dinged  in  our  ears  lor 
the  last  six  years.  On  all  occasions  relative  to  our  foreign  relations, 
we  are  threatened  by  the  fearof  England.  The  present  adniinistra- 
tion  has  lived  with  the  fear  of  England  continually  before  its  eyes, 
and  is  likely  to  die  under  the  same  dreadful  apprehension.  This 
fear  of  England,  real  or  affected,  has  done  much  for  us  in  the  way 
of  acquiring  foreign  dominion.  The  cry  commenced  with  the  an- 
nexation of  Texas,  and  it  succeeded  so  well  in  that  case,  that  the 
government  was  induced  the  next  year  to  raise  it  again  upon 
Oregon,  but  then  it  did  not  succeed  quite  so  well,  it  being  checked 
by  a  little  real  fear  of  English  power  entertained  by  the  Execu- 
tive. 

In  the  fall  of  1845  this  spectra  again  baonts  the  mind  of  tha 


622 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Satueday, 


President;  a  rumor  had  reached  the  State  Department  that  an 
Irish  priest  by  the  name  of  Maenaraara,  had  gone  to  California  on 
board  of  an  Enghsh  ship  of  war,  that  he  was  about  to  purchase  a 
large  tract  of  land  at  a  very  low  rate,  too,  for  the  purpose  no  doubt 
of  establishing  an  English  colony  there.  Our  government  takes 
the  alarm,  and  despatches  Capt.  Gillespie  with  secret  instructions 
to  Col.  Fremont,  to  watch  and  counteract  the  movements  of  Eng- 
land. Forthwith  California  is  revolutionized.  Mexican  authoniy 
overthrown,  and  the  country  reduced  to  our  possession,  we  being 
at  the  time  when  these  secret  orders  were  given,  at  peace  with 
Mexico.  Thus  we  obtained  possession  of  California  through  fear 
of  England.  Again  when  peace  was  first  proposed  with  Mexico, 
we  were  told  that  if  our  army  were  withdrawn  from  Mexico  in 
her  present  distracted  condition,  England  would  enter  aud  seize 
upon  the  country.  We  must,  iherefoie,  hold  on  to  all  Mexico  for 
fear  of  England.  And  now,  when  a  call  for  the  exercise  of  hu- 
manity IS  made  to  us  from  Yucatan,  we  disregard  the  appeal,  un- 
til the  fear  of  England  comes  in  to  excite  us  to  action,  and  then  un- 
der the  pretext  of  rescuing  women  and  children.  The  President 
gravely  recommends  that  we  take  measures  to  prevent  Yucatan 
from  becoming  an  English  colony.  With  due  deference  to  the 
opinions  of  honorable  Senators,  I  think  that  this  continual  refer- 
ence to  the  fear  of  English  interference,  is  unbecoming  the  honor 
and  dignity  of  this  nation.  It  smacks  a  little  of  cowardice,  to  be 
thus  shaping  our  course  to  avoid  direct  contact  with  the  power  of 
England.  If  there  be  any  real  danger  of  interference  by  England 
with  the  independent  governments  on  this  continent,  and  if  it  be 
our  settled  policy  to  resist  that  interference,  why  not  act  openly 
and  decidedly  upon  the  point,  and  tell  England  in  plain  English, 
that  any  movement  ol  hers  towa'-ds  this  object,  wiil  be  resisted  hy 
the  government  of  the  United  State.  Surely  such  a  course  would  be 
more  manly  and  .-honorable,  ani  would  at  once  relieve  us 
from  that  duress  of  morbid  fear,  which  frets  and  excites  the  Exe- 
cutive on  all  occasions. 

Much  has  been  said  in  the  course  of  this  debate  about  Mr. 
Monroe's  declaration,  relative  to  European  interference  with 
the  nations  upon  this  continent.  Tins  principle  seems  to  have 
taken  a  strong  hold  upon  the  President's  mind,  and  lor  fear  that 
we  may  forget  it,  he  quotes  it  in  almost  every  message  sent  to 
Congress.     It  is  recited  in  the  message  now  belore  us,  as  follows, 

"Thai  «e  ijjould  consider  any  attempt  OQ  llieir  part,  to  e.\teiid  tlieir  system  to  any 
nation  of  tins  liemispliere,  as  dangerous  to  our  peace  and  safety." 

Mr.  Monroe  also  avowed  another  principle,  that, 

"Tlie  American  continents,  by  the  free  and  independent  condition  wluch  they  have 
assumed  and  maintaia,  are  henceforth  not  to  he  considered  as  subjects  for  future  co- 
lonization by  any  European  power." 

The  latter  cannot  be  applied  to  the  case  of  Y^ucatan,  for  she  is 
one  of  the  States  of  Mexico,  and  cannot  therefore  be  tuade  the 
subject  of  colonization.  If,  therefore,  Y^ucatan  is  to  be  inteifered 
■with  by  any  European  power,  it  must  be  by  overthrowing  her  pre- 
sent government,  and  establishing  foreign  dominion  in  us  stead. 
It  was  this  system  of  European  politics — the  system  of  the  Holy 
Alliance  to  which  Mr.  Monroe  alluded  in  the  declaration  first 
above  cited,  and  against  the  extension  of  which  system  to  our  he- 
misphere, he  solemnly  protested,  as  dangerous  to  our  peace  and 
s;ifc-iy.  Thus  understood,  this  declaration  of  Mr.  Monroe,  may  b» 
considered  as  a  solemn  pledge  on  our  part,  to  sustain  the  mde- 
pendence  of  the  States  on  this  continent,  against  the  domineering 
interference  of  foreign  powers.  It  is  a  general  principle,  main- 
taining in  the  broadest  terms  the  great  doctrine  of  non-interfer- 
ence— a  doctrine,  as  binding  upon  us,  as  upon  the  nations  of 
Europe.  Yet  the  President  cites  this  principle  of  Mr.  Monroe,  as 
authority  for  us  to  interfere  with  tlie  domestic  diliiculties  in  Yuca- 
tan, to  separate  her  from  the  Republic  of  Mexico,  and  forcibly  to 
connect  her  .sovereignty  to  ourselves.  This,  sir,  is,  in  my  opinion, 
an  utter  perversion  of  the  principle,  converting  it  into  a  selfish 
dogma,  and  applying  its  restrictions  to  all  the  world,  except  our- 
selves. What  do  we  propose  to  do  hy  this  bill  ?  Is  it  to  main- 
tain the  independence  of  Yucatan  against  English  interference  and 
power?  Not  at  all.  The  independence  of  Yucatan  is  not  thought 
of.  The  object  is,  as  now  avowed,  to  anticipate  England,  by  in- 
terfering ourselves,  for  the  purpose  of  extending  our  dominion  over 
one  of  the  States  of  Mexico.  The  Jews  had  a  notion  that  many 
of  their  laws  applied  to  the  heathen  world,  and  not  to  themselves, 
and  they  frequently  acted  under  this  literal  construction.  Hence  ti.e 
divine  rebuke  which  they  received  ;  ''thou  who  sayelh,  thou 
shall  not  steal;  dost  tiiou  steal."  "thou  that  sayest,  "thou 
shalt  not  covet,  dost  thou  covet?"  May  we  not  likewise  say  to 
Mr.  Polk,  you,  who  sayeth  to  England,  thou  shalt  not  take  Y'uca- 
tan,  will  you  take  Yucatan?  you,  who  sayelh,  thou  shalt  not  inter- 
fere, will  you  interfere  <  The  application  now  atlt.'inptcd  to  be 
made  of  Mr.  Monroe's  principle,  makes  it  a  more  selfish  rule 
of  actiin,  under  which  you  exclude  others  from  plunder  in  order  to 
take  it  all  yourselves.  I  think  Mr.  Monroe  would  be  somewhat 
astonished  to  hear  that  his  declaration  had  been  used  for  such  a 
purpose. 

The  second  reason  assigned  for  our  intorference  is,  to  rescue  the 
white  race  from  extermination  or  expulsion  by  the  Indian  race. 
The  population  of  Yucatan  is  divided  into  two  general  classes  or 
castes — the  Indians  or  natives,  numbering  about  400,000  and  the 
whites,  or  Spaniards  about  120,000.  Bo'.h  are  citizens  under  the 
constitution  of  Yucatan,  and  have  a  voice  in  the  affairs  of  govern- 
ment. These  Indians,  called  savages  by  Mr.  Sierra,  are  citizens 
under  the  constitution  of  Yucatan,  and  as  such,  they  being  largely 
in  the  majority,  they  have  a  right  to  regulate  the  poUtical  fitlairs 


of  their  country.  Their  right  to  do  so,  is  also  acknowledged  by 
Goveinor  Mendez,  for  it  was  by  the  aid  of  the  Indian  population, 
solicited  by  him.  that  he  overcome  his  political  rival,  and  ob- 
tained power,  and  which,  as  I  have  already  shown,  he  afterwards 
abused  by  oppressing  the  Indians.  Now  it  may  be,  and  I  confess 
such  is  ray  opinion  formed  from  an  examination  of  the  evidence 
before  us,  that  the  war  now  raging  in  Yucatan,  is  a  civil  war  be. 
tween  the  two  classes  of  her  citizens,  concerning  the  administra- 
tion of  the  government.  The  Indian  citizens  being  in  the  majority, 
and  having  the  political  power,  have  overcome  the  while  citizens, 
and  are  now  in  their  turn  using  power,  as  is  said,  with  cruelty  and 
injustice.  The  white  citizens  divided  among  themselves,  and  pa- 
nic-stricken, fly  to  us  for  aid,  and  the  President  proposes  to  grant 
the  aid,  by  taking  armed  occupation  of  the  country.  If  we  do  this, 
we  luust  take  sides  with  the  minority,  and  make  war  upon  the 
majority  of  the  citizens  of  Yucatan.  Now,  sir,  while  I  am  as 
anxious  as  any  Senator  here,  to  put  an  end  to  that  cruel  strife, 
and  to  rescue  the  women  and  children  of  Yucatan  from  the  horrors 
of  a  civil  war,  ]  am  not  willing  to  send  our  army  into  that  country 
for  the  purpose  of  driving  out,  or  exterminating  the  Indian  popu. 
lation,  who,  by  the  law  and  constitution  of  the  oountiy,  have  the 
right  to  govern  it.  But  they  are  mere  savages,  and  the  honorable 
Senator  from  Michigan,  [Mr.  Cass.]  is  of  opinion  that  they  ought 
not  to  have  been  admitted  to  the  right  of  citizenship,  that  they 
are  two  ignorant  for  the  safe  exercise  of  so  hiffh  a  privilege.  I 
understanii  that  some  of  these  Indians,  either  of  the  whole  or  the 
half  blood,  rank  among  the  first  citizens  in  Mexico,  holding  high 
and  responsible  stations  under  that  government.  One  of  them,  JMr. 
Rehon,  was,  I  believe.  Secretary  of  State.  The  same  gentleman 
who  held  a  correspondence  with  Mr.  Shannon,  and  proved  himself 
quite  equal  to  our  minister,  Almonte,  also  belonged  to  that  so- 
called  savage  race.  But  I  was  astonished  to  hear  the  honorable 
»tor  from  Michigan,  take  the  ground  that  a  majority  of  the 
le  of  this  country  ought  not  to  be  permitted  to  control  its  go- 
vernment. This  is  not  very  democratic.  It  is  the  doctrine  of  the 
aristocracy  of  Europe.  Louis  Phillippe  thought  the  Blouses  of 
France  ought  not  to  vote,  that  they  were  too  ignorant  to  be  en- 
trusted with  that  high  prerogative,  but  the  blouses  thought  other- 
wise, they  rose  in  their  power,  and  by  lorce  expelled  the  royal  fam- 
ily from  France.  Whether  the  blouses  of  Paris  will  exercise  their 
newly  acquired  rights  with  more  humanity  than  the  nations  of  Yu- 
catan, is  yet  to  be  seen.  But  the  Yucatecos  have  this  advantage 
over  their  compatriots  of  Europe,  while  they  are  many,  contend- 
in;^  for  rights  already  secured  to  them  by  the  constitution  of  the 
country,  the  blouses  are  fighting  against  the  constitution  ol  France, 
in  order  to  obtain  privileges  which  they  never  enjoyed  before.  If 
we  should  adopt  the  policy  of  interfering  in  a  case  of  this  kind, 
we  shall  have  our  hands  full  for  years  to  come.  But  it  is  said, 
that  this  is  a  war  of  races — the  Indian  against  the  white  races. 
If  that  be  a  ground  for  our  interference,  we  have  grossly  neg- 
lected our  duty  heretofore.  Tlie  case  has  existed  for  centuries. 
Every  civil  war  in  Mexico — and  there  have  been  many  of  them 
more  cruel  and  sanguinary  than  the  present  one — from  the  con- 
quest of  Cortez  to  this  time,  has  been  a  war  between  the  races 
of  that  ill-fated  country — between  the  Indians  (whole  and  half 
blood,)  and  the  Spaniards.  The  great  war  of  the  revolution,  com- 
menced by  Hidalgo  in  1807,  and  which  finally  secured  the  inde- 
pendence of  Mexico  from  old  Spain,  was  a  war  of  races  or  castes; 
an  exterminating  war  too,  in  which,  the  native  born  Spaniard  was 
slaughtered  or  expelled  from  the  country.  In  the  long  and  bloody 
history  of  those  cruel  and  exterioinating  wars  which  were,  for 
centuries,  waged  by  old  Spain  against  the  Indians  in  her  provinces, 
we  have  no  account  of  an  appeal  to  the  humanity  ol'  Christian  na- 
tions for  aid  and  succor  to  the  red  man.  Men,  women,  and  chil- 
dren, were  cruelly  murdered  or  hopelessly  enslaved.  Tribe  after 
tribe  were  exterminated,  and  nation  after  nation  sacrificed  on  the 
altar  of  Spanish  dominion  ;  yet  there  was  none  to  interfere  and 
stay  the  hand  of  the  destroyer.  But  now,  at  the  first  cry  of  the 
while  man  for  aid  agrinst  Indian  revenge — revenge,  too,  provoked 
by  his  own  bad  faith — our  humanity  is  excited  to  fever  heat,  and 
the  military  power  of  this  Christian  nation  is  to  be  forthwith  sent 
into  Y'ucatan  to  fight  the  battles  of  the  Spaniard  against  the  In- 
dians. I  will  have  nothing  to  do  with  this  war  of  races  in  Yu- 
catan. 

In  conclusion,  I  desire  to  notice  some  of  the  remarks  made  by 
the  distinguished  Senator  from  Michig.an.  In  the  enlarged  view 
taken  of  this  subject,  by  that  Senator,  he  considered  the  question 
of  humanity  as  of  little  importance.  He  jilaces  our  action  upon 
the  high  grounds  of  national  security,  commerce,  and  dominion. 
And  he  calls  upon  us  to  take  this  ojiportunity  to  secure  there  na- 
tional advantages  against  the  grasping  pov\-er  of  England.  He 
looks  upon  \  ucatan  as  a  great  commercial  posilirui- — a  site  for  a 
"lower  of  observation,"  overlooking  the  trade  of  the  gulf — a  safe 
harbor  for  a  fleet  of  English  steamers,  and  then  tells  us,  that  in  a 
national  point  of  view  "  it  is  a  question  of  life  and  death  to  us," 
whether  we  or  England  have  possession  of  Yucatan.  But  hi  order 
to  invest  Yucatan  with  this  importance,  the  Senator  has  been 
obliged  to  look  a  little  bevond  that  territory,  to  the  adjacent  is- 
lands in  those  latitudes,  fie  has,  I  think,  been  acting  under  the 
advice  of  General  .Inckson,  who  said  : 

"  That  statesmen  hail  hctler  sludy  tlie  constiUUion  less,  and  geograptiy  more,  m 
order  lo  be  useful  to  tlieir  country.  ' ' 

The  Senator  has  been  looking  at  the  latitude  and  1on<ritude  of 
Cuba,  its  relative  and  commanding  position,  and  its  liability  to  be 
seized  upon  by  England.    That  Cuba  is  the  last  jewel  of  the  kind 


May  13.  j 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


623 


in  the  crown  of  Spain.  That  one  of  these  days,  the  jewel  may 
fall  off,  or,  what  I  think,  is  more  likely  to  happen,  be  found,  as 
many  other  crowned  jewels  now  days  are,  in  the  market.  In  that 
event,  we  must  be  ready  to  pick  it  up,  or  purchase  it.  The  Sen- 
ator says  he  would  not  take  Cuba  by  force  of  arras.  He  prefers 
negotiation,  but  would,  at  all  hazards,  not  permit  her  to  fall  into 
the  hands  of  any  government  but  our  own.  Now,  sir,  to  drop  the 
figurative  language  of  the  Senator,  I  understand  him  to  be  of  opin- 
ion, that  under  the  circumstances  in  which  Yucatan  is  placed,  and 
for  the  reasons  he  assigns  this  government,  ought  now  to  take  pos- 
session of  Yucatan  with  a  view  of  annexing  it  to  the  United  States; 
and  in  case  there  should  be  danger  of  Cuba  passing  into  the  hands 
of  any  other  power,  we  should  also  seize  upon  that  island,  and  an- 
nex it  to  our  Union  of  Slates.  This  is  making  rapid  advancement 
in  the  policy  of  annexation. 

The  case  of  Cuba,  now  anticipated  by  the  Senator,  is  likely  soon 
to  be  before  us  for  action.  It  will  be  here  before  the  next  admin- 
istration is  over,  &nd,  as  the  honorable  Senator  may,  if  his  party 
succeeds,  hold  a  commanding  position  in  that  administration,  and 
where,  he  will  permit  me  to  say,  I  should  be  happy  to  see  him, 
provided  we  do  not  fill  the  place  by  a  good  whig — his  opinions  upon 
the  subject  of  the  annexation  of  Cuha.  will  be  received  with  deep 
interest  by  the  country.  This  question  will  come,  if  it  comes  at  all, 
within  the  next  four  years.  The  revolutions  in  Europe  are  not 
yet  over.  The  crown  of  Spain  may  shake  and  fall  next.  Cuba, 
unprotected  by  the  mother  country,  may  be  subjected  to  civil  war, 
like  Yucatan.  It  may  be  a  war  of  races  too.  A  commis- 
sioner will  present  himself  to  our  next  President,  and  tell  him, 
that  Cuba  is  deserted  by  Spain,  that  a  cruel  war  is  raging  there — 
and  then  appealing  to  our  humanity  for  aid,  accompanied  with  a 
threat,  that  if  we  do  not  grant  the  relief,  England  will,  and  Cuba 
will  be  lost  to  the  United  States.  Thus,  will  this  crown  jewel  be 
placed  at  onr  feet.  True,  it  is  of  the  ebony  order,  yet  quite  tempt- 
in".  Would  the  honorable  Senator  pick  it  up  and  place  it  in  our 
republican  wreath,  and  thereby  add  one  or  two  more  slave  states  to 
the  Union  ? 

But  I  do  not  participate  in  the  Senator's  anticipated  fears,  that 
England  will  seize  upon  Yucatan  and  Cuba  if  we  do  not.  Eng- 
land at  present  has  enough  to  do  at  home  in  keeping  iier  subjects 
in  order,  without  interfering  with  the  governments  on  this  coniinent. 
The  Canadas  are  more  likely  to  demand  her  attention  than  either 
Yucatan  or  Cuba  ;  and,  judging  from  the  signs  of  the  times,  Eng- 
land is  more  likely  to  lose  the  provinces  she  has  upon  this  conti- 
nent than  to  acquire  new  ones.  Neither  can  I  see  that  imminent 
danger  to  our  commerce  and  to  our  national  safety,  which  that 
Senator  sees,  in  case  Yucatan  and  Cuba  were  in  the  possession  of 
England.  The  control  of  our  commerce,  or  of  the  commerce  of 
the  world,  does  not  depend  upon  positions  on  land — upon  towers 
and  fortifications  overlooking  and  commanding  narrow  straits  and 
narrow  isthmuses.  It  is  not  Gibralter,  nor  Malta,  nor  the  Mus- 
qnito  coast,  nor  any  other  position  on  land,  that  secures  to  Eng. 
land  the  control  of  commerce.  It  is  her  power  and  position  on  the 
broad  sea  which  gives  her  the  advantage.  The  nation  that  would 
control  the  world's  commerce,  must  control  the  element  upon 
which  it  floats.  The  mistress  of  the  sea  will  be  the  mistress  of 
commerce.  England  may  seize  upon  Cuba  ;  she  may  cover  the 
Isthmus  of  Yucatan  all  o\mr  with  threatening  foriifications  ;  yet, 
as  long  as  our  proud  navy  can  ride  in  triumph  "  o'er  the  dark  blue 
sea,"  I  fear  no  evil  to  our  commerce. 

The  Senator  says  that  England,  in  possession  of  these  positions, 
will  ''cut  our  commerce  in  two."  Sir.  she  has  done  that  very 
thing  already,  but  not  in  the  way  suggested.  We  have  done  it 
for  her  ;  vour  free  trade  policy,  the  tarill'  of  18413,  more  than  cuts 
our  commerce  in  two  ;  it  gives  England  the  best  half.  She  is  now 
successfully  competing  with  us  in  every  workshop  and  upon  every 
mart  of  trade  in  the  Union.  Eng'and  does  not  seek  her  barren 
coasts  and  thinly  populated  provinces  for  the  purpose  of  extending 
her  commerce.  She  looks  to  our  millions  of  heads  and  mouths  to 
cover  and  feed,  as  a  far  richer  commercial  prize — give  her  this  ad- 
vantage for  a  few  years  more,  and  she  will  not  contend  with  us  for 
this  miserable  Yucatan,  with  its  400,000  Indians  and  120,000  white 
inhabitants.     When  and  where  has  England  ever  dared  to  inter- 


fere with  our  foreign  commerce  ?  Do  we  not  at  this  moment  di- 
vide commerce  with  her  the  world  over  ?  Do  not  our  ships  go 
wherever  her  ships  go — our  flag  waving  side  by  side  with  hers  on 
every  sea  ?  And  can  it  be  supposed  that  she  now  contemplates 
the  destruction  of  our  commerce  by  seizing  upon  Yucatan  and  Cu- 
ba ?     The  supposition  is  visionary  and  idle. 

The  nations  of  Europe  have  enough  to  do  to  take  care  of  them- 
selves. They  are  now  feeling  the  result  of  the  policy  that  is  at- 
tempted to  be  revived  by  us.  This  policy  of  interfering  with  other 
portions  of  the  world — this  grasping  disposition  to  take  that  which 
belongs  to  others — one  nation  seeking  to  control  the  concerns  of 
another — has  left  the  nations  of  Europe  in  a  condition  in  which 
they  are  hardly  able  to  take  care  of  themselves.  Had  Napoleon 
in  the  early  portion  of  his  career,  listened  to  the  good  spirit  which 
advised  him  to  stand  upon  the  soil  of  France,  he  would  have  pass- 
ed down  to  his  posterity  one  of  the  most  glorious  empires  that  eve'r 
descended  from  sire  to  son.  And  if  England,  with  all  her  historic 
fame,  her  pride,  her  wealth  and  power — if  England  is  to  go  down 
in  this  wreck  of  nations — one  cause  of  her  overthrow  will  be  found 
in  the  extension  of  her  dominion  abroad,  to  the  neglect,  and  at  the 
expense  of  her  people  at  home.  And  shall  we,  with  these  disas- 
trous examples  before  our  eyes,  undertake  to  continue  the  same 
policy  ? 

I  was  struck  by  a  remark  made  a  few  days  since,  by  the  Senator 
from  Illinois,  [.Mr.  Docglas,]  that  it  was  high  time  that  we 
should  recall  onr  attention  from  foreign  nations,  and  atlend,  for  a 
short  time,  to  the  interests  of  our  own  country.  For  the  last  four 
years,  most  of  our  time,  and  money  too,  have  been  employed  in 
looking  after  other  countries.  The  administration  has,  with  the 
coldness  and  stability  of  a  statue,  stood  with  its  back  to  the  coun- 
try, and  its  face  towards  foreign  dominions.  No  domestic  interest, 
no  internal  improvement,  could  obtain  a  hearing,  or  elicit  a  re- 
sponse, unless  it  was  now  and  then  a  cold  negative  thrown  over 
tlie  left  shoulder  in  the  form  of  a  veto.  Now — for  I  agree  with 
the  Senator  from  Illinois — that  it  is  high  time  that  our  government 
turn  round,  and  look  into  (be  country — open  its  eyes  and  its  ears 
to  the  wants  and  demands  of  the  people.  The  field  o(  observation 
— CHltivated  and  uncultivated — is  broad  enough  for  the  exercise  of 
all  its  faculties.  There  are  rivers  to  bo  cleared  of  obstructions, 
and  harbors  to  be  improved  for  the  security  of  our  inland  com- 
merce. 

The  Senator  from  Michigan,  in  the  close  of  his  speech,  very 
eloquently  describes  the  rapid  improvement  of  the  country  since 
the  time,  forty  years  ago,  I  think,  when  he  descended  the  majestic 
rivers  of  the  west  in  a  bark  canoe,  the  adjacent  country  then  being 
a  wilderness.  It  is  true,  that  since  that  day  the  industry 
and  enterprise  of  our  people  hi^ve  settled  and  improved  that 
wilderness,  untd  it  now  teems  with  populatian,  and  overflows 
with  all  the  necessaries  and  luxuries  of  civilized  life;  but  this 
has  been  the  result  of  the  enterprise  of  our  people,  with  no  aid 
from  the  government,  other  than  that  flowing  from  our  free  in- 
stitutions. 

But  how  is  it  with  those  majestic  rivers,  down  which  the  Sena- 
tor's bark  canoe  so  smoothly  glided  ?  Have  they  been  improved  ? 
No,  sir,  the  same  snags  and  bars  are  there  still,  interrupting  and 
destroying,  evey  year,  our  internal  commerce.  Thus,  while  the 
people  have  long  since  cleared  up  the  wilderness,  the  government 
has  not  found  time  or  opportunity  to  clear  out  the  rivers.  Nay, 
further,  we  are  now  told  by  the  President,  that  although  there  be 
power  enough  in  the  constitution  to  acquire  foreign  dominion  with- 
out limit,  there  is  no  power  in  that  instrument  to  improve  the 
rivers  and  harbors  of  our  country — at  all  events,  nit  until  this  for- 
eign war  is  over.  I  trust  the  time  has  come  when  we  are  about 
to  get  rid  of  all  our  foreign  difficulties — when  the  government, 
released  from  the  burdens  of  foreign  war,  may  devote  itself  to 
the  great  interests  of  peace— to  our  domestic  alfairs — to  the  pro- 
motion of  the  virtue,  the  prosperiiy,  and  the  true  glory  of  our  own 
country. 

On  motion, 

The  Senate  adjoiurned. 


624 


DEFERRED  NOMINATIONS. 


[Monday, 


MONDAY,  MAY  15,  1848. 


MESSAGE   FROM   THE     PREBIEENT. 

The  following  messape  was  received  from  the  President  of  the 
Uniied  States,  by  Mr.  Walker,  bis  Secretary; 
To  the  Seitate  of  the  Vniitd  States  : 

I  commnnicate  herewith  a  rerort  of  the  pecreta-yo^  'h^  Navy,  together  with  the 
accompanying  documents,  in  com  phance  with  theresolotion  of  the  Senate  of  the  13lh 
instant,  requesting  inlbrmation  as  to  the  measures  talten  for  the  protecliOQ  of  the 
while  iioiiulation  of  Yucatan  Itythe  naval  forces  of  the  Untied  Slates. 

Washisoton,  May  15,  1848.  JAMES  K.  POLK. 

Ordered,  That  it  be  printed. 

PRIVATE    BILLS. 

Mr.  WESTCOTT,  from  the   Committee   on   Patents  and  the 

■  Patent  Office,  to  whom   was   referred   the   petition    of   Bancroft 

Woodcock,  submitted  a  report  accompanied  by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  a  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  WESTCOTT,  from  the  same  committee,  to  whom  was 
referred  the  petition  of  Obed  Hussey,  submitted  a  report,  accom- 
panied by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

ORDER   TO    PRINT. 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  the  memorial  of  A.  A.  Frazier  and  Alvin  Baker 
be  printed  for  the  use  of  the  Senate. 

CONSULATE  AT   MUSCAT. 

The  Senate  proceeded  to  consider  the  following  resolution,  sub- 
mitted on  the  13th  instant,  by  Mr.  Hannegan  : 

Rcsolveil.  That  tjie  Conimiltee  on  For*gn  Relations  be  instructed  to  inquire  into 
the  expediency  of  establishing  the  consulate  .it  Muscat,  in  the  dominions  of  the 
Imanm,  upon  the  same  fooling  with  those  of  Tangiers,  Tripoli,  aaS  Tnnis,  in  the 
Barbary  Stales. 

THE    INSTITUTION    Or    SLAVERY    IN    TERRITORIES. 

Mr.  BAGBY  stated  that  certain  resolutions  submitted  by  him 
some  months  aijo,  upon  the  subject  of  the  institution  of  slavery  in 
the  territories  of  the  Uniied  States,  were,  on  the  llth  of  April, 
made  the  special  order  for  the  third  Monday  m  May — this  day. 
As  the  Senate  was  engacfed  in  the  consideration  of  another  special 
order,  of  practical  imporiance,  he  would  not  interfere  wiih  it;  but 
he  now  pave  notice  that  ho  would  call  up  the  resolutions  durinc 
the  morninp  hour  to-morrow,  and  il  no  Senator  desired  to  discuss 
thera  he  would  ask  for  a  vote  upon  them. 

SCHOOL  LANDS  INFLOBIDA. 

On  motion  by  Mr.  YULEE,  the  prior  orders  were  postponed 
and  the  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  concerning  school  lands  in  the  State  of  Florida. 

The  amendment  reported  from  the  Committee  on  Public  Lands 
was  agreed  to,  and  the  bill  was  thus  reported  to  the  Senate,  and 
the  amendment  concurred  in. 

Ordered,  That  the  bill  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time. 

Ruolved,  That  this  bill  pass  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Eopresentatives  in  this  bill. 

DEFERRED    NOMINATIONS. 

The  Senate  resumed  the  consideration  of  the  resolution  submit- 
ted by  Mr.  Johnson,  of  Maryland,  on  the  28lh  ultimo,  respecting 
appointments  made  by  the  President  during  the  recess  of  the 
Senate. 

Mr.  BORLAND. — Mr.  President  :  It  is  with  reluctance  that  I 
tindertake  lo  speak  in  the  midst  of  those  who  in  every  respect,  and 
particularly  by  experience  here,  are  so  much  better  qualified  than 
myself  to  do  so.  But  it  is  my  opinion — and  I  deem  it  my  duty  to 
express  it — that  the  proposed  call  upon  the  President  is  inquisito- 
rial, and  beyond  the  just  power  of  the  Senate. 

I  do  not  know  whether  I  was  in  my  seat  when  this  resolution 
was  introduced  and  passed  a  few  days  ago.  At  any  rate,  I  did 
not  hoar  it,  nor  hear  of  it,  until  the  motion  to  reconsider  it  was  made 
by  the  honornl.le  Senator  from  Ohio,  [Mr.  Allen.]  And  I  doubt 
whether  more  than  a  dozen  Senators,  even  if  so  many,  heard  any 
more  about  it  than  I  did.     I  apprehend  that  even  by  most  of  those 


who  were  cognizant  of  its  introduction  it  was  regarded  as  an  ordi- 
nary resolution  of  inquiry,  which  no  Senator  would  hesitate  to 
pass,  nor  I  he  President  object  to  answer  But,  be  that  as  it  may, 
now  that  I  do  hear  of  it,  now  that  I  do  know  its  character,  I  am 
glad  that  it  has  been  reconsidered,  and  I  feel  bound  to  protest 
against  its  adoption. 

What  is  the  resolution,  sir  ? 

Fesulvtd,  Thai  the  President  of  the  United  States  is  reqaested  lo  inform  the  Senate 
whether  any  officers  arc  now  in  the  military  or  civil  service  of  the  Uni'ed  States,  under 
appointments  from  the  President,  which  have  not  been  submitted  to  the  Senate  ;  and 
if  there  be  any  snch  appointments,  that  he  state  the  date  of  such  appointmenli,  and 
why  it  is  that  it  has  not  been  in  the  power  of  the  President  lo  sobmit  them  lo  the  con- 
sideration of  the  Senate. 

I  am  aware  that  its  author  has  agreed  to  modify  it — has  agreed 
to  inquire  only  "  if  there  are  any  names  not  yet  sent  in."  Thi» 
does  not,  in  my  opinion,  materially  alier  the  question.  It  is  still 
an  inquiry  about  a  certain  kind  of  appointments  ;  and  it  is  the  sub- 
ject, not  the  terms  of  the  inquiry,  which  gives  it  the  character  to 
vi-hich  I  object. 

This  resolution,  and  especially  its  modification,  is  in  few  words; 
and,  "  at  the  first  blush,"  seems  very  common  place  in  character, 
and  harmless  in  purpose.  And  so  far  as  the  motive  of  its  author 
is  concerned,  I  will  not  believe,  will  not  entertain  the  suspicion, 
that  any  wrong  was  intended  The  inward  purpose  of  the  mover 
was,  doubtless,  as  harmless  in  intention,  as  his  resolution  is  fair  in 
its  ouiward  seeming.  But,  sir,  apart  from  motives  and  intentions, 
I  cannot  help  entertaining  the  opinion  that  this  new  occupant  of 
"the  meal  tub,"  however  thickly  whited  over,  will  prove  to  be  a 
true  and  veteran  specimen  of  the  feline  race.  I  will  not  say,  "  in 
face  an  angel,  and  in  heart  a  cat ;"  but  yet  a  grimalkin — ay,  sir, 
"a  political  grimalkin;"  not,  perhaps,  "purring  over  petty  schemes 
of  personal  aggrandizement,"  but  not  without  claws  ;  and  they, 
too,  of  unconstitutional  length. 

To  drop  this  homely  figure,  I  believe  this  resolution,  so  simple 
in  Its  first  appearance,  will  be  found,  upon  inspection,  wholly  un- 
authorized by  the  constitution,  and  justly  liable  to  instantaneous 
rejection. 

In  this  matter  of  appointment  to  ofiSce,  the  relation  between  the 
President  and  the  Senate  is  established  by  the  constitution — and 
not  otherwise.  Now,  sir,  that  portion  of  the  constitution  estab- 
lishing this  relation  is  contained  in  a  single  passage,  and  in  words 
too  few  and  plain  to  be  misunderstood.  It  is  found  in  article  2, 
section  2,  and  clause  2,  and  is  in  these  words  : 

"And  he  [the  President]  shall  nominate,  and,  by  and  with  the  advice  and  coosent 
of  the  Senale,  shall  appoint  ambassadors,  other  public  ministers  and  consuls,  judges  of 
the  Supreme  Court,  and  all  other  officers  of  the  l.'niled  Stales,  whose  appointments 
aie  not  herein  ollicrwise  provided  for,  and  which  shall  be  established  by  law." 

I  have  searched  the  constitution  with  some  care,  and  I  am  una. 
ble  to  find  another  line,  word,  or  syllable  in  relation  to  any  joint 
agency  or  duty,  between  the  President  and  Senate,  in  relation  to 
appointments  to  office,  whether  civil  or  military.  But,  sir,  it  is 
not  all  that  may  be  found  in  the  constitution  in  relation  to  appoint- 
ments to  office  by  the  Senate  or  the  President  separately.  Let 
us  sec  what  other  provisions  there  are  in  this  connexion — not  of 
joint  agency,  but  of  separate  and  independent  action,  on  the  part 
of  these  two  departments  of  the  government.  Clause  5,  section  3, 
article  1  of  the  constitution  is  in  these  words  : 

'■  The  Senate  shall  choose  their  own  officers,  and  also  a  President  pro  tempore  in 
the  absence  of  the  Vice  President,  or  when  he  shall  exercise  the  oflRco  of  President  of 
the  United  Stales.", 

Under  this  clause  of  the  constitution,  did  the  Senate  not,  at  the 
commencement  of  its  present  session,  appoint  its  Secretary,  its 
Sergeantat-arms,  its  Doorkeepers,  and  its  President  pro  tempore  f 
By  whose  aid,  co-operation,  or  joint  agency,  did  it  exercise  this 
authority  ?  Did  the  President  of  the  United  States  interfere  in  any 
manner?  Did  he  send  here  to  inquire  whether  that  authority  had 
been  exercised  ?  Even  if  the  appointment  of  any  one,  or  all  of  the 
ollicers  of  this  chamber  I  have  named,  bad  been  delayed  or  ne- 
glected, could  he  rightfully,  or  would  he  have  presumed  to  play  the 
inquisitor,  or  demand  of  this  Senate  if  this  duly  had  been  perform- 
ed, or  ask  a  reason  for  the  delay  or  neglect?  Certainly  not,  sir 
And  why  not?  Because  the  sole  authority  to  make  the  appoint- 
ments in  question  has  been  vested  in  the  Senate — in  the  Senate 
alone,  by  the  constitution,  as  I  have  quoted  it.  The  exercise  of 
this  authority — free  from  restraint  or  interference,  because  confer- 
red, and  therefore  guarantied  by  the  constitution — has  been  enjoy- 
ed since  the  original  organization  of  the  Senate.  Certainly  no 
President  has  been  found  so  unmindful  of  the  constitution  ho  had 
sworn  to  support,  as  to  overstep  the  barriers  it  sets  up  to  him,  and 
invade  the  authority  it  confers  upon  another  department  of  the  go. 
vernment,  in  terms  so  plain  and  palpable  as  these.  Had  any  Pre- 
sident done  this,  then  would  I  sav  his  act  was  not  only  inquisitori- 
al, but  entirely  beyond  the  sphere  of  his  proper  power. 

But,  sir,  it  is  not  the  Senate  alone  upon  which  the  constitution 
confers  this  ''separate"  and  "independent"  authority  to  make  ap- 


May  15.] 


DEFERRED  NOMINATIOK!?. 


625 


pointmcnts  to  ofliea.     Clause  3,  section  2,  and  artielo  2.  of  the 
eonstitulion,  is  in  these  words  : 

''The  Presitlent  shall  have  power  to  fill  np  all  vaf^ancles  that  may  happen  dnrinc  the 
recess  of  Ihe  Senate,  by  granting  commissions,  which  shall  expire  at  the  end  of  tlieir 
ne#t  session." 

To  whom  is  the  power  to  appoint  hero  ^iven  ?  To  the  Senate  ? 
No.  To  the  Senate  ami  Presiilent  jointly?  No.  To  the  Presi- 
dent, "by  and  with  the  advice  ami  consent  of  the  Senate?''  No  ; 
but  to  the  President,  alone  and  exclusively.  Really,  sir,  this  clause, 
as  I  reiTiembered  it,  seemed  so  plain  and  palpable,  and  yet  was  it 
so  flatly  in  the  face  of  the  positions  assumed  by  the  honorable  Se- 
nator from  Maryland,  (whose  eminent  character  every  one  re- 
spects,) that  I  altnost  doubted  the  lide'ity  of  my  own  recollection, 
as  well  of  the  constitution  itself  as  of  those  hish  authorities  whom 
I  was  early  tautrhi  to  consult  for  its  faithful  interpreliition,  in  the 
li^ht  of  first  principles.  I  was  staf;i.!ered,  however,  but  for  a  mo- 
ment. By  reference,  I  find  my  memory  was  not  at  fault,  in  the 
one  case  or  the  other.  The  constitution  remains  the  same  as  when 
I  nrst  read  it — araoufr  the  fii-st  thinss  I  learned  to  read  ;  and  the 
oracle  gives  out  the  same  interpretation  as  when  first  consulted. 
It  lollows,  then — and  I  am  sorry  for  it — that  I  must  dissent  from 
the  positions  of  the  Senator  from  Maryland.  In  doing  so,  I  tru.st 
ho  wdl  not  suspect  me  of  a  vain  reliance  on  my  own  judgment,  nor 
yet  of  a  slavish  o'>edience  to  authority.  I  rely  no  further  upon  my 
own  judginent  than  every  man  is  bound  to  do  from  a  sense  of  duty. 
And  the  aulhority,  in  ihis  instance,  I  yield  respect  to,  is  one  which 
I  apprehend,  the  Senator  hiitiself  will  acknowledge  to  be  deserv- 
ing of  it,  as  i-oadily  as  I  do.  I  will  read,  sir,  from  an  old  work — 
a  work  venerable  from  age — venerable  from  the  circumstances 
under  which  it  was  written — and  tho  more  to  be  venerated  still 
from  the  great  ability,  the  pure  motives,  and  the  holy  purposes  of 
its  authors.  It  is  a  work,  sir,  from  the  hands  of  those  great  and 
good  men  who  had  conducted  our  country  through  the  storms  and 
perils  of  the  Revolution — wlio  had  proved  tho  insufiiciency  of  the 
Confederation — who  had  formed  the  constitution,  and  who  then 
came  forward,  in  these  pages,  to  explain  and  recommend  to  the 
people  tho  fundamental  law  of  the  land,  upon  which  might  be  rais- 
ed, and  in  accordance  with  their  good  advice  has  been  raised,  this 
great  Republic — the  pi-oudest  monument  to  public  virtue  and  polit- 
ical wisdom  the  world  has  ever  known.  The  work  is  that  collection 
of  essays  called  the  "Federalist;"  and  the  particular  number  (67) 
from  which  I  will  read,  was  written  by  Alexander  Hamilton.  In 
explanation  of  this  very  power  of  appointment  to  ofllco,  he  says  : 

"The  ordinary  power  of  appointment  i."!  confided  to  the  President  and  the  Senate 
ioinU)/ ;  and  ran.  therefore,  only  be  exercised  ilnring  the  session  of  tho  Senate.  But, 
as  it  wonld  have  b?en  imp-oiier  to  obli<te  this  body  to  J»e  continnally  in  session  for  the 
appointment  of  oflicers  ;  and  as  vacancies  misht  happen  in  t/icir  rcrrss  wliieh  it  might 
be  necessary  for  the  pohlie  service  to  fill  wilhont  delay,  the  succeeding  clause  [of  the 
constitution.]  is  evidently  intended  to  authorize  the  Picsideiit.  sivi^tir,  to  make  tempo- 
rary appointments  'during  the  recess  of  the  Senate,  by  granting  commissions  which 
should  expire  at  the  end  of  their  ne.xt  session,*  " 

Thus,  sir,  if  iny  views  upon  this  point  be  not  original,  they  have 
a  still  higher  title  to  respect,  from  being  found  in  excellent  com- 
panv,  and  sustained  by  the  highest   authority. 

If  this  interpretation  of  the  constitution  bo  correct — and  who 
will  question  it? — what  becomes  of  this  assumed  power  of  the  Se- 
nate to  interfere  with  the  exercise  of  a  power  by  a  separate  and 
co-ordinate  department  of  the  government,  expressly  and  plainly 
eonlerred  by  tho  constitution,  and  which,  in  the  language  of  Mr. 
Hamilton,  "is  evidently  intended  to  authorize  the  President  sing- 
ly"— mark!  ho  says ''singly,"  and  emphasises  the  word,  "singly 
to  make  temporary  appointments?"  I  apprehend  i'.  must  be  as- 
signed, or  consigned,  to  Ihe  same  category  with  any  similar  at- 
tempt on  the  part  of  the  Executive,  or  of  any  other  department 
of  the  government,  to  interfere  with  the  power  of  the  Senate  itself, 
derived  in  like  manner  from  the  constitution,  "singly"  to  make  ap- 
pointments to  certain  offices.     I  can  conceive  of  no  alternative. 

As  an  obyious  and  a  necessary  consequence  of  these  views,  I 
insist,  sir,  that  the  President  has  no  authority  to  send  to  this  body, 
for  conftriTiation,  any  appointments  he  may  have  made  under  this 
power  conferred  exclusively  upon  him  ;  and  even  if  he  were  to 
send  them  here,  this  body  has  no  authority  to  entertain  or  act  upon 
them  either  for  confirmation  or  rejection.  If  there  exist  any  such 
authority  either  to  tho  President  or  to  the  Senate,  I  desire  to  know 
where  it  may  be  found.  In  the  constitution,  where  the  whole  mat- 
ter in  question  is  conclusively  disposed  of,  tliere  is  no  such  author- 
ity. Though  not  well  read  in  our  statute-book,  I  assume  that  no 
such  aulhority  is  there  ;  because,  properly,  it  cannot  be  there.  I 
am  ono  of  those,  sir,  who  hold — and  I  am  happy  to  find  it  is  a 
growing  sentiment  throughout  our  country,  a  sentiment  promul- 
gated from  the  Executive  mansion  at  the  other  end  of  the  avenue, 
respected  on  this  floor,  and  in  the  other  end  of  the  capitol.  and 
cherished  even  in  the  humble  cabin  of  the  far  western  settler — 
that  this  government,  either  as  a  whole,  or  in  any  of  its  depart- 
ments, has  no  power,  and  can  exercise  no  authority,  not  expressly 
♦granted  by  the  constitution,  or  unavoidably  incident  to  the  expressly 
granted  powers.  I  have  the  authority  of  Alexander  Hamilton  lor 
this  doctrine  likewise.  I  am  saying  nothinsr  new,  therefore,  either 
for  myself,  or  for  any  other  person  upon  this  floor  who  may  be  in 
the  habit  of  avowing  this  doctrine.  But,  what  is  far  better,  I  am 
saying  what  is  correct  and  true  ;  and,  because  correct  and  true, 
what  was  amonu;  the  most  potent  and  effective  instrumentalities 
in  satisfying  the  minds  of  the  American  people  as  to  the  safety  and 
■value  of  the  constitution,  and  by  consequence  inducing  them  to 
adopt  it. 

Under  this  authority  to  the  President,  singly,  to  appoint  to  office, 
80th  Cong. — 1st  Session — No.  79. 


he  alono  can  appoint,  and  Is  bound  to  appoint,  ■without  the  co-ope- 
ration of  the  Senate;  as,  under  the  authority  to  appoint  jointly 
with  the  Senate,  he  is  hound  to  appoint  with  its  co-operalion. 
He  is  bound  by  the  law  of  his  authority,  in  the  one  case  as  in  tho 
other,  and  as  well  in  the  mode  as  in  the  matter  of  appointment. 
If  ho  look  to  the  source  of  his  authority,  he  finds  there  not  only  the 
power,  but  the  prescribed  tnanner  of  its  exercise.  They  are  insep- 
arable in  the  constitution,  and  ho  Is  not  competent  to  their  sepa. 
ration.  Nor,  sir,  is  thi.s  Senate  competent  to  separate  them-  And 
yet,  this  resolution,  if  it  mean  anything  at  all,  proposes  to    do  so 

— proposes  to  separate  the  manner  from  the  act  of  appointment 

propo.ses  that  the  Senate  shall  participate  in  a  power  with  which 
the  constitution  never  intended  it  should  have  anything  to  do-  but 
on  the  contrary,  excludes  it  from  all  concern — propo.ses,  in  a  word 
a  direct  usurpation  of  auihority,  in  the  very  face  of  a  plain  and 
express  provision  of  the  constitution. 

In  this  claim  of  power  for  tho  Senate  in  this  matter  of  appoint- 
ment, there  has  been  evinced  a  remarkable,  and,  as  I  think,  most 
extraordinary  want  of  discrimination  between  tho  two  clauses — 
the  two  only  clauses  of  the  constitution  which  embrace  it.  They 
.seem  to  he  confounded,  in  their  application  to  the  separate  purposes 
for  which  they  were  designed;  and,  as  aeonsequenco,  the  purposes 
themselves  have  been  associated,  overlapped,  and  blended  together 
m  a  confusion  that  seems  almost  inextricable  to  those  who  have 
produced  it,  if  I  may  judge  from  their  mode  of  discussion.  The 
first  of  these  clauses,  which  gives  joint  authority  to  the  President 
and  the  Senate,  leaves  the  part  to  be  performed  by  the  former 
very  incomplete  in  itself.  Under  this,  tho  President  does  not,  at  first, 
appoint — ho  only  nominates;  and  the  appointment  is  not  made, 
nor  the  commission  granted,  until  the  Senate  has  advised  and  con- 
sented. The  appointment  thus  conferred  by  the  joint  action  of  the 
President  and  Ihe  Senate,  and  the  commission  consequently  granted, 
are  of  indefinite  duration — are  intended  for  the  life-time  of  the 
recipient.  How  diU'eren!  tlie  other  !  T.^nder  1  hat  which  gives  au- 
thority to  the  President  singly,  the  part  perl'ormcd  by  hitn  is  com- 
plete in  itseif.  He  confers  the  appointment  "  of  his  own  mere  mo- 
tion," and  grants  the  commission  at  once.  Even  in  these  particulars, 
distinction  and  a  ditfercnoe  arc  found  between  the  t  .s  o  clauses  in 
question.  But  this  distin'^tion  and  dilTcrencc  are,  both,  even  more 
strongly  drawn  and  more  broadly  marked  by  the  duration  of  tho 
appointment  provided  for  by  this  clause.  Under  the  other,  it  has 
been  seen  that  tho  durati  m  is  indefinite — but  designed  to  be  for  life. 
By  this,  the  duration  is  limited  to  the  termination  of  the  ne.xt  ses- 
sion of  the  Senate.  But,  witliin  that  period,  though  conferred  bv 
the  President  singly,  the  appointment  is  as  complete  and  authori- 
tative as  any  that  receives  tiio  co-operative  sanction  of  this  Senate, 
or  of  all  the  departments  of  this  crovernment  combined- 

I  said  that  tho  President  could  not  send  these  appointments  be- 
fore the  Senate;  and  oven  if  he  did  so,  the  Senate  could  not  enter- 
tain them,  nor  act  upon  them,  either  for  rejection  or  confirmation. 
I  repeat  the  assertion.  I  say  so  under  sanction  of  tho  consti- 
tution, and  of  the  military  siatute  book.  The  President  having 
once  made  the  appointment,  they  are  beyond  his  control,  except 
in  strict  conformity  with  the  law.  Having  granted-  tho  commis- 
sions, he  cannot  interfere  with  them — certainly  cannot  take  them 
back,  except  in  the  manner  and  for  the  reasons  that  the  law  pre- 
scribes; and  that  manner  is  summary  dismissal  from  the  service, 
or  trial  by  court  martial;  and  those  reasons  must  be  bad  conduct 
on  the  part  of  the  persons  holding  the  commissions.  Much  loss, 
then,  sir,  can  this  Senate  lake  back  these  commissions,  or  in  any 
tnanner  interfere  withthe.m;  for  neither  by  the  constitution,  nor  by 
any  other  law,  written  or  common,  have  we  anything  to  do  with 
them.  The  recipients  of 'he  commissions  in  question  have  acquired 
rights  under  them— legal  rights,  the  duration  of  which  the  consli- 
tiition  itself  makes  coextensive  with  this  session  of  the  Senate- 
Sh.all  the  Senate  erect  itself  into  an  extra-judicial  tribunal,  to  go 
behind  tho  pre-e.xisting  laws,  and  deprive  individuals  of  rights  al- 
ready acquired  under  those  laws  t  Shall  we  assume  an  authority 
paramount  to  the  plain  terms  of  the  constitution,  set  at  naught  its 
provisions,  and  violate  its  guaranties  ?  I  trust  not,  sir.  And  yet, 
unless  we  do  all  this,  I  do  not  see  upon  what  ground  this  resolu- 
tion can  bo  adopted. 

It  is  true,  sir,  that  the  President  may  appoint  the  same  individ- 
uals, who  hold  these  temporary  commissions,  to  the  same  offices 
permanently;  and  he  may  send  their  nominations  here  for  our 
•' adviee  and  cousent."  But,  if  he  does  so,  it  will  be  not  under  their 
present  appointrneat,  for  they  are  complete  without  our  co-opera- 
tion, but  under  new  nominations.  And  whatever  wo  may  do — 
whether  reject  or  confirm — -r-ur  action  cannot  take  cfTeot  until  after 
the  termination  of  the  pro-existing  commissions,  by  due  course  of 
law — that  is,  by  the  dismissal  of  the  individuals  from  the  service, 
their  voluntary  resignation,  or  the  adjournment  of  the  Senate. 

The  honorable  Senator  was  surely  wrong,  5'esterday,  in  assum- 
ing a  difference  to  exist  between  olfieers  holding  these  temporary 
appoinlments  by  authority  of  the  President  singly,  and  those 
holding  by  the  joint  authority  of  the  President  and  the  Senate,  as 
to  their  liability  to  dismissal  from  office.  Under  the  law,  as  un- 
derstoox  and  administered,  there  is  no  difference  in  this  respect. 
The  regular  mode  of  dismissal  is  by  trial  and  sentence  of  a  court 
martial.  But  for  cause — c  f  which  he  alone  may  judge — the  Pres- 
ident Jias  the  lawful  authority  to  dismiss,  summarily,  any  officer  of 
the  army  or  navy  from  the  service,  no  matter  what  may  be  his 
gr.ade,  or  the  source  of  his  commission.  And  not  only  the  Presi- 
dent, but  other  officers  of  the  army  have  claimed  and  exercised 
this  authority.  It  was  once,  at  least,  exercised  by  the  late  Gen. 
Brown;  though,  I  believe,  upon  appeal,  a  court  martial  restored 


626 


DEFERRED,  NOMINATIONS. 


[MoNOAY, 


the  (UsinisfCil  officer.  I  know  it  lias  been  claimed,  diuin^i  tlie  pre- 
sent war  witn  Mexico,  liy  a  distinfjnisbeJ  st^neral,  now  ciMiiriiand- 
in^  an  army  in  tliat  country.  I  will  leave  Inra  to  tell  wliy  he  did 
not  exercise  it. 

As  I  have  said  berore,  if  these  appointmeius  were  before  us,  wo 
could  not  entertain  them,  nor  act  upon  them  beoause  the  constitu- 
tion has,  in  express  terms,  fixed  their  duration.  If,  then,  ue  could 
not  act  officially  upon  the  infonnalion  which  the  resoliitiou  calls 
for,  if  we  had  it,  it  must  follow  t  lat  we  hav;  no  rii;hi  to  ask  for, 
and  no  authority  to  receive  it.  llavo  we,  as  individuals,  desired 
this  information  ?  then,  as  individuals,  wo  already  have  it,  as  cer- 
Jainly  and  as  fully  as  it  could  he  commuiiicaled  if  the  President 
were  to  send  it  here  in  a  written  message,  or  come  in  person  and 
deliver  it.  In  whatc,-er  aspect,  then,  we  regard  the  resolution,  it 
is  either  nseh-ss  or  impertinent.  As  Senators,  we  coidd  not  use 
the  information  if  we  had  il.  As  individuals,  if  we  desired  it  for 
censure  and  complaint,  we  surely  have  quallt'd  itsoup  to  the  dregs, 
and  found  those  purposes  fullllled — or  the  honorable  Senator  from 
Maryland  lias  said  a  rjreat  deal  in  vain. 

There  is  one  rule,  Mr.  President,  wliich  I  have  sought 
to  observe  through  life,  in  my  jiulfftuents  of  both  enemies 
•and  friends  :  it  is,  never  to  suspect  lliem  of  a  had  motive,  if  a 
jjood  one  is  probable.  Now,  sir,  in  considering;  this  matter,  under 
this  rule,  more  than  one  reason  has  occurred  to  me  why  the  Pres- 
ident, without  £;ivinj;  cause  for  censure  or  complaint,  bat  witli 
perfect  propriety,  niif;ht  withhold  the  names  of  tic  ollloers  in 
question  up  to  tliis  time,  and  even  .•iltogetlicr.  If  I  am  not  mis- 
taken, the  law  which  cieated  the  odici's  tlicy  iiold  expires,  by  lim- 
itation, wi;h  the  termination  of  the  war.  Is  il  not  the  hope  and 
expectation  of  our  people — is  it  not  the  b.ditf  of  many  in  this 
chamber — of  tlie  honorable  Senator  himself,  that  the  termination 
of  the  war  is  near  at  iiaiid  ;  that  peace  will  be  established  before 
the  close  of  thi.s  session  of  Conijress  !  May  not  tlic  President  en- 
tertain this  belief?  And  if  this  belief  shoiid  be  realized,  would 
he  not  be  doing  a  useless  and  unnecessary  act  to  maUe  new  ap- 
pointments, wlien  those  already  made  extci.d  beyon<l  the  time  lor 
which  they  may  be  neeiled  ?  Surely,  licro  is  a  consideration  wliieli 
may  be  supposed  to  influence  the  Prcsideni.,  in  harmony  wiib  all 
the  circumstances  of  the  case,  and  without  vii'lc-iico  to  right  rea- 
son. Again  :  it  may  be  that  the  President  i:  as  httlo  pleased  with 
the  conduct  of  some  of  the  recipients  of  his  former  I'avor  as  the 
honorable  Senator  himself,  and  yet  does  not  lind  a  warrant  for  tlio 
summary  exorcise  of  his  power  of  disini.«sal.  If  this  be  so,  what 
more  natural,  rea.sonable,  and  proper  eou.'se  could  be  pursued 
than  to  allow  the  appointment  to  end  by  limitaliou,  and  p.ass  t|ui- 
etly  out  of  existence?  The  Senator  complains  alike  at  the  delay 
of  the  President  in  sending  in  tlie  names,  and  i-X  the  constitution 
of  the  court  of  emiuiry.  And  yet  the  proceedings  of  that  very 
court  may  funiisU  the  strongest  evidence  of  tho  propriety  of  that 
delay. 

I  say  none  of  this  by  anihority.  For  neither  with  the  President, 
nor  with  any  one  in  his  conlidenco,  have  I  ever  interchanged  allu- 
sions, even  the  most  distant,  to  this  subject.  I  have  but  suggested 
what  occurred  to  my  own  mind,  under  tlie  rule  of  rejecting  even 
the  suspicion  of  censurable  motives  when  good  ones  itro  not  im- 
probable. I  judgo  the  honorable  Senator  under  the  same  rule.  I 
cannot  adopt  another  for  the  Piesideiit. 

If  I  am  not  greatly  mistaken — and  I  do  not  think  I  can  be — tho 
''raw-liead-and-hloody-bones"  of  possible  disaster,  conjured  out  o( 
the  contingent  loss  of  the  General-in-ohief,  and  Gen.  Pillow's  suc- 
ceeding to  tho  command,  is  but  tho  ''baseless  fabric  of  a  vision." 
If  I  am  correctly  inlormed — and  I  believe  I  nm — -Gen.  Worth  bad 
been  "assigned  io  command"  in  his  brevet  rank  of  Major  General, 
which  is  of  prior  date  to  Gen.  Pillow's  commission,  aiul  tliercforo 
placed  him  seemid  in  command  to  General  oeolt.  So,  even  bad  the 
Stuart  fallen  in  battle,  or  been  dethroned,  no  detriment  would  have 
come  to  the  army  or  the  country.  With  however  much  of  gallan- 
try and  ability  ."ivvord  and  sceptre  had  been  wielded,  a  Cromwell 
was  provided  who  would  not  have  failed  to  wield  them  as  well  and 
as  wisely. 

The  extensive  excursions  the  honorable  Senator  from  Maryland 
has  made  into  the  regions  of  Exc^euiive  and  legislative  usurpations 
of  authority,  their  coinparativj  fieipiency,  atrocity,  and  danger, 
have  really  been  into  parts  altogether  foreign  to" tlie  subject  he 
had  proposed  to  the  Senate.  It  is  ret,  as  1  understand  the  ques- 
tion, wbclhor  the  Executive  or  legislative  il  ip.utmenl  of  the  go- 
vernment has  been  well  or  ill  administered  in  times  past  ;  but 
merely  whether  the  Senate  shall  commit  a  present  usurpation. 
That  is  the  question  I  have  considered  ;  and  upon  it  I  am  bound  to 
Vote  in  tho  negative. 

If  I  understood  ilie  Senator,  ho  expressed  tho  opinion  the  other 
day  that  if  these  temporary  appointments  shculd  not  be  made  per- 
manent before  the  present  .session  of  the  Senate  shall  terminate, 
the  President  wimbl  have  llio  power  to  fill  I  hem  again  alter  tho 
adjournment.  With  all  deference,  1  must  dissent  from  this  opin- 
ion. It  is  to  vacancies  happening  '■during  Jin  recess  of  the  Se- 
nate" that  the  President  iias  the  power  of  appointment.  In  tho 
contemplation  of  the  constitution  these  woubl  not  bo  such  v.acan- 
cies.  It  is  needless  to  make  an  argumonl  to  prove  this.  To  my 
mind  it  is  self-evident.  Besides,  it  has  been  settled,  so  far  as  pre- 
cedent can  settle  such  a  <piestion,  upon  a  principle  recognized  by 
the  Senate  in  1825,  and  acquiesced  in  over  sii'CO.  And  for  the  au- 
thority of  proeedont — whatever  I  may  think  of  it  nivsell^ — I  need 
go  no  farther  than  the  argument  of  my  honorable  friend  from 
North  Carolina,  [Mr.  Badger,]  a  low  days  ago — perhaps  on)y 
to   tho   honorable  Senator's  own   argument   of   yesterday.      Tho 


precedents  arc  before  me,  if  any   one   wishes   to  examine    them. 

I  have  said  nothing,  and  I  have  nothing  to  say,  in  relation,  di- 
rect or  remote,  to  the  individuals  holding  these  temporary  com- 
missions. They  make  no  part  of  the  merits  of  the  question  be- 
fore the  Senate.  They  are  foreign  to  the  subject,  and  to  my  pur- 
pose. But  even  if  they  were  involved  in  this  discussion,  there  is  a 
reason  why  I  should  say  as  little  as  possible  in  recard  to  them. 
The  conduct  of  some  of  them  is  now  the  subject  of  investigation 
before  a  tribunal  provided  by  the  laws.  Before  that  tribunal,  all 
the  facts  neeess-  ry  to  an  impartial  opinion  will  ba  discovered. 
Here,  without  a  knowledge  of  those  facts,  and  not  empowered  to 
pass  upon  their  cliaracter,  I  am  unwilling  to  sit  in  judgment,  or 
even  express  an  opinion,  favorable  or  unfavorable  ;  and  I  am  un- 
wlllinu:  that  the  Senate  slunild  say  or  do  anvthing  calculated  to 
forestall  public  opinion,  or  unduly  influence  the  action  of  the  tribu- 
nal in  charge  of  the  cases. 

•  I  have  considered  the  resolution  in  relation  to  the  constitution 
and  other  existing  laws;  and  the  examination  has  satisfied  mv 
own  mind,  at  least,  that  its  adoption  will  violate  them  all.  I  shall 
therefore,  vote  against  it. 

Perhaps  it  may  not,  be  improper  to  notice,  in  passing,  some  of 
the  remarks  of  the  honorable  Senator  from  Maryland,  upon  the 
general  politics  of  the  country — particularly  upon  somb  of  the 
prominent  men  and  movements  of  political  part.es. 

He  has  manifested  a  disposition  to  revive  some  of  the  old  issues 
which  have  marked  the  division  of  our  people  into  two  great  par- 
ties for  many  years.  But  upon  the  merits  of  these,  I  do  not  see 
the  necessity,  even  'f  I  had  tho  ability,  to  enter  the  arena  against 
him.  lam  of  opinion,  that  even  among  those  with  whom  he 
claims  party  afliliation,  ho  will  find  .adversaries  more  equally  his 
raatcb^ — foes  more  wortiy  of  bis  steel.  Upon  the  Bank,  I  set 
against  him  his  own  "giant  of  the  North,"  who  declares  it  ''obso- 
lete." Upon  a  Protective  Tarilf,  I  array  against  him  "  the  Sage 
of  Ashland,"  in  the  compromise  act  of  1833.  But  lest  that  may 
not  be  deemed  conclusive,  because  violated  in  the  first  |iaroxysras 
of  power,  I  bring  to  its  aid  the  mass  even  of  the  whig  party,  small 
;ind  <:reat,  -who,  as  they  gaze  upon  the  tomb  of  its  abominations, 
are  daily  exclaiming — requiescat  in  pace  !  The  distribution  of  the 
])rocceds  of  public  land  sales,  has.  I  believe,  no  advocate  any- 
where. The  recognition  of  our  "inland  seas,"  as  objects  of  im- 
provement within  the  constituiional  limit  of"  national  and  neces- 
sary," is  common,  I  believe,  to  both  parties.  But  the  Bankrupt 
Law  !  Where  is  that  polished  shaft  in  ihe  series  of  that  "  super- 
structure," which  was  to  rise,  and  shine,  upon  the  broad  founda- 
tions laid  lor  it.  on  the  floor  of  this  chamber,  in  1841?  Where, 
now,  is  that  political  leech  which  was  to  cure  all  the  the  ills  of 
individual  speculation  and  improvidence t  Alas!  sir,  it  has  met 
even  a  worse  fate  than  its  fellows.  Not  only  have  its  brethren 
cast  it  oil",  but  its  own  insatiate  parent,  Saturn  like,  has  devoured 
It.  But  the  other  day,  in  another  room  in  this  Capitol,  he  who 
spoke  it  into  existence,  wrung  the  last  drops  of  life-blood  from  its 
fccbla  heart,  and  as  he  swallowed  it,  to  tbo  great  edification  of  his 
hearers,  pronounced  this  epitaph  : 

"  I  wrii  l(,li!."  siii'l  I\Ir.  Cl.-.y,  ''when  I  was  last  in  New  Orleans,  tliat  scarcely  a 
m.iii  of  thos,,.  who.  si.\  or  scv'i-n  ycrats  ago.  who  were  doing  Ilie  most  extensive  busi 
iics.->iii  tiiatcity,  was  now  to  be-  tbniid  in  the  same  position.  Ttiey  liad  all  become 
bankrnjH.^,  anil  nearly  ail  tlie  |iro|>eay  of  tlie  Stale  ol  Lonisiana.  Iiad  changed  h.-inds 
in  consi'qnoiiceot'  this  law.  Anil  I  will  veninreto  say.  (he  added.)  that  ifa  tornado 
were  to  sw.:e[)  over  tini  fair  fieldi  of  that  State,  or  if  lliu  majestic  Mississippi  were  to 
overflow  it*,  banlis,  and  innndale  tho  country,  tiic  sweeping  destruction  that  would  en- 
sue from  the  one  or  the  other  of  these  calamitii-'S,  would  not  exceed  in  its  resulls  Ihe 
disaslrous  etTecti  of  this  law,  as  carried  out  nndet  the  decisions  of  the  conits  there." 

But  for  a,  sweeping  renunciation,  and  entire  repudiation  of  the 
whole  system  of  measures  which  marked  the  accession  of  the  whigs 
to  power  in  ISll,  I  refer  tho  Senator  to  a  distinguished  citizen  of 
his  own  Slate,  not  long  since  a  recognized  leader  of  the  wlii"; 
birces  in  the  other  einl  of  the  capitol.  He  has  recently  condemned 
tho  whole  batch — bank,  protective  tarifT,  distribution,  unconsti- 
tutional expcndilnres  of  pulilic  money,  bankrupt  law,  and  all. 
And,  ill  doing  so,  I  verily  believe  he  is  a  pietiy  fair  exponent  of 
the  sentiments  of  at  least  tbrce-fnirths  of  the  American  peojile,  of 
both  political  parties.  And  yet,  in  the  face  of  all  this — alter  bidng 
driven  from  every  position  they  have  ever  occupied,  or  voluntarily 
retiring  from  il — with  their  guns  all  spiked,  or  turned  upon  their 
retreating  columns,  ibe  |)arly  to  which  the  Senator  belongs,  very 
modestly  comes  forward  aiui  demands  our  surrender!  Heallv,sir, 
I  can  conceive  no  parallel  to  this,  unless  Santa  Anna,  when  routed 
"  horse,  foot,  and  dragoons,"  at  Cerro  Gordo,  had  cried  out  to  our 
forces,  as  he  fled  '' lay  down  your  arms,  and  submit  to  my  con- 
quering leg! — there  is  no  difrcrenco  between  us!"  Tho  demand 
is  modest,  no  doubt !  But  the  Senator  must  excuse  us,  if,  valuing 
our  principles,  we  adhere  to  them;  if,  mindful  of  our  advantages, 
wo  maintain  tliem;  if,  satislied  with  our  measures,  we  prosecute 
them;  if,  conscious  of  our  strength,  we  make  use  of  it.  We  claim 
to  have  seen  the  light,  and  are  unwilling  to  relapse  into  the  dark 
ages  of  monopoly.  Our  hands  are  upon  tho  dcinocralic  plough, 
and  wo  cannot  turn  back  from  an  implement  whose  glittering 
share  has  so  elTeclually  torn  up  the  fallow-land  of  whiggory. 

Of  the  flagellation  ihe  honorable  Senator  has  inflictetl  upon  John 
Tyler,  I  may  say — I  trust  without  ofi'encc  to  fastidious  tastes — in 
tho  homely  but  expressive  phrase  of  an  Ohio  editor,  "  Ho  is  your 
own  coon— It  is  your  own  privllcgo  to  skin  him."  But,  in  simple 
justice,  I  will  add,  that,  in  my  opinion,  the  organization — the  very 
existence  of  the  wliigs,  as  a  party,  is,  this  day,  owing  to  the  course 
ol  John  Tyler.  Had  he  not  interposed  his  vetoes,  the  whig  party 
would  have  been  utterly  overwhelmed  by  the  indignation  of  a  de- 
luded people,  at  promises  liberally  made,  but  impossible  to  be  per- 


May  15.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


627 


formed.  He  served  as  the  scapegoat  for  a  party  wlio  had  other- 
wise been  lost,  and  who  have  not  been  as  gratel'ul  as  they 
should  be.  .. 

"  The  (Treat  embodiment  "  himself  did  not  escape  a  buffet  in  pass- 
ing Ofhim,  and  such  treatment  to  him,  I  can  only  say,  in  the 
lament  ol' Antony  over  Caesar's  dead  body,  which  appeals  to  the 
sympathies  of  every  £feiierous  heart,  "  But  yesterday,  his  name 
had  stood  against  the  world  !  Now,  none  so  poor  to  do  hira 
reverence !" 

Of  the  democratic  party,  and  the  interests  in  the  coming  contest, 
which  seem  to  attract  so  much  of  the  Senator's  concern,  I  have 
only  to  say,  we  are  in  good  hands,  as  the  result  will  prove  next 
week,  in  his  own  monumental  city.  And  another  thing  he  may 
be  very  sure  of,  whoever  we  may  choose  as  our  leader,  will  be  one 
whose  principles  are  involved  in  no  unccrtanity,  and  who  will  not 
be  found  in  opposition  to  the  origin  and  conduct  of  a  war  to  which  . 
he  owes  his  only  chance  for  the  Presidency. 

Mr.  President,  recollecting  the  oath  I  took  at  your  hands  the 
other  day,  and  -believin,?  I .  saw,  in  this  resolution,  a  propo.sed 
(though  not. intentional)  violation  of  the  constitution,  a  sense  of 
duty  forbade  my  saying  less  tlian  I  have  said,  while  I  sincerely 
regret  the  necessity  which  has  caused  me  to  trouble  the  Senate 
at'all. 

On  motion  by  Mr.  HANNEGAN,  it  was 

Ordered,  That  the  further  consideration  of  the  rcsoulinn  be  post- 
poned until  to-morrow. 

TEMP0R.1RY  OCCUPATION  OF  YUCATAN, 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  bill  to 
enable  the  President  of  the  United  States  to  take  temporary  mil- 
itary occupation  of  Yucatan. 

Mr.  CALHOUN. — The  President  in  his  message  recommends 
to  Congress  to  adopt  such  measures  as  they  may  deem  expedient 
to  prevent,  in  the  lirst  place,  Yucatan  from  becoming  a  colony  of 
any  European  power;  and  in  'he  next  place,  to  prevent  the  white 
inhabitants  of  that  territory  from  being  exterminated  or  expelled. 
In  support  of  the  latter,  he  informed  the  Senate  that  there  is  now 
raging  a  cruel  and  devastating  war,  on  the  part  of  (lie  Indians 
against  the  whites  ;  and  that  unless  some  foreign  power  should 
aid  they  will  be  destroyed  or  driven  from  the  country.  In  sup- 
port of  the  other  recommendation,  he  slates  that  the  govern- 
ment of  Yucatan  has  olTered  to  the  governments  of  Great  -Britain. 
Spain,  and  the  United  States,  the  dominion  over  the  country,  in 
order  to  obtain  aid.  The  President  also  inform.s  the  Senate,  that 
unless  we  grant  aid.  some  other  power  will  ;  and  that  ultimately, 
it  may  assert  its  dominion  and  st>vereignty  over  t!ic  leiriiory — a 
result  which,  he  informs  us,  would  be  in  contravention  of  the  dec- 
laration of  Mr.  Monroe,  and  which  must  on  no  account  be  permit- 
ted. The  committee  on  Foreign  Relations,  in  order  to  carry  out 
these  recommendations,  have  reported  a  bill  which  is  now  before 
us;  the  first  section  of  which  provides  for  taking  military  occu- 
pation of  Yucatan,  as  recommended  by  llie  President. 

Such  are  the  recommendations  of  the  President,  and  such  the 
measure  recommended  by  the  committee.  The  subject  is  one  of 
great  magnitude.  It  is  pregnant-v.'ith  conscquenecs,  both  near  and 
remote,"  which  may  deeply  atlcel  the  peace  and  intefests  of  this 
country.  It  demands  the  most  serious  deliberation.  I  have  be- 
stowed upon  it  full  attention,  and  have  arrived  at  a  conclusion  ad- 
verse to  the  recommendations  of  the  President,  and  the  report  of 
the  committee.  I  propose  to  show  in  the  first  place,  that  the  ease 
of  Yucatan,  even  as  stated  by  the  President  himself,  does  not  come 
within  the  declarations  of  Mr.  Monroe,  and  that  they  .do  not  fur- 
nish the  slightest  support  to  the  measure  reported  by  the  com- 
mittee. 

In  the  message  referred  to,  that  of  1823,  Mr.  Monroe  makes 
three  distinct  declarations.  The  first,  and  by  far  the  most  impor- 
tant, announces  that  the  United  States  would  regard  any  attempt 
on  the  part  of  the  Allied  Powers  to  extend  their  system  to  this 
country,  as  dangerous  to  onr  peace  and  safely.  To  show  that 
the  case  of  Yucatan  does  not  come  within  this  declaration,  all  that 
will  be  necessary  is  to  explain  who  were  the  Allied  Powers,  the  ob- 
ject of  their  alliance,  and  the  eircuinstancos  in  whicli  the  declara- 
tion itself  was  made.  The  Allied  Powers  were  the  four  great 
continental  monarchies — Russia,  Prussia,  Austria,  and  France. — 
Shortly  after  the  overthrow  of  Bonaparte,  these  powers  entered 
into  an  alliance  called  the  "  Holy  Alliance;"  the  object  of  which 
was  to  susta.n  and  extend  the  monarohieal  principles  as  far  as  pos- 
sible and  to  oppress  and  put  down  po]>iilar  institutions.  England, 
in  the  early  stages  of  the  alliance,  favored  it.  The  members  of 
the  alliance  held  several  Congresses,  attended  either  by  themselves 
or  their  ambassadors,  and  undertook  to  regulate  the  adairs  of  all 
Europe,  and  actually  interfere  in  the  affiiirs  of  Spain  for  tlie  pur- 
pose of  putting  down  popular  doctrines.  In  its  progress,  the  al- 
liance turned  its  eyes  to  this  continent  in  order  to  aid  Spain  in 
regaining  her  sovereignly  over  her  revolted  provinces.  At  this 
stage,  England  became  alarmed.  Mr.  Canning  was  tlicu  prime 
minister.  He  informed  Mr.  R.ish  of  the  project;  and  gave  to  him 
at  the  same  time  the  assurance,  that  if  sustained  by  the  United 
States  Great  Britain  would  resist.  Mr.  Iliish  immediately  com- 
municated this  to  our  government.  It  was  received  here  with 
joy;  for  so  great  was  the  power  of  the  Alliance,  that  even  we  did 
not  feel  ourselves  safe  from  its  interpositions.  Indeed,  it  was  an- 
ticipated, almost  as  a  certain  result,  that  if  the  interference  took 
plaoe  with  the  governments  of  SouthAiuerica,  that  the  Allumca 


would  ultimately  extend  its  interference  to  ourselves.  I  remember 
the  reception  of  the  despatch  from  Mr.  Rush  as  distinctly  as  if 
all  the  cireiimstances  had  occurred  yesterday.  I  well  recollect  the 
great  satisfaction  with  which  it  was  received  by  tlie  cabinet.  It 
eame  late  in  the  year  ;  nut  long  before  the  meeting  of  Congress. 
As  was  Hsual  with  Mr.  Monroe  upon  great  occasions,  the  papers 
wei-Q  sent  round  to  cac  i  iiiember  of  the  cabinet,  so  that  each  might 
be  duly  apprised  of  all  tue  circumstances,  and  hi  prepared^to 
give  his  opinion.  The  cabinet  met.  It  deliberated.  There  was 
long  and  careful  con.sultauon  ;  and  the  result  was  (he  declaration 
which  I  have  just  am  ouneed.  All  this  has  passed  away!  That 
very  movement  on  the  part  of  England,  sustained  by  this  declara- 
tion, gave  a  blow  to  the  celebrated  alliance  from  which  it  never 
i-ecoyered.  li"rom  that  time  forward,  it  gradually  decayed,  till  it 
utterly  perished.  The  late  revolutions  in  Europe  have  put  an  end 
to  all  its  work,  and  nojhing  remains  of  all  that  it  ever  did.  Now, 
by  what  ingenuity  of  argument — by  what  force  of  sophistry,  can 
it  In."  shown  tliat  this  dccl nation  comjirehends  the  ease  of  Yuca- 
tan, whcu  the  events  which  called  it  forth  have  passed  away 
forever  ? 

And  yet,  the  Presid  ;nt  has  quoted  that  very  declaration  in  sup- 
port of  his  recominendalion  ;  but  in  a  manner  changing  entirely  its 
meaning,  by  separating  it  from  the  context  as  it  stood  in  the  mes- 
sage, and  wdiich  referred  it  to  the  Allied  Power  ;  and  placing  it 
in  connection  with  a  portion  of  his  message  which  made  it  refer  to 
Great  Britain,  Spain,  or  other  European  powers.  The  change 
has  made  the  declaration  .so  inconsistent  and  absurd,  that  had  it 
been  made  by  Mr.  Monroe,  as  it  stands  in  the  President's  message, 
it  would  have  been  the  subject  of  the  severest  animadversion  and 
ridicule,  instead  of  receiving,  as  it  did,  the  approbation  and  ap- 
plause of  the  whole  country.  It  would  have  placed  England  in 
the  false  position  of  acting  against  us  and  with  the  Holy  Alliance 
in  reference  to  the  Spanish  American  republics  ;  and  it  would  also 
have  placed  us  in  the  position  of  opposing  Spain  in  her  cH'irls  to 
recover  her  dominion  (;ver  those  states  ;  and,  finally,  it  would  have 
involved  the  absurdity  of  asserting  that  the  attempt  of  any  Euro- 
pean state  to  extend  its  system  of  government  to  this  continent — 
the  smallest  as  wcil  as  the  greatest — would  endanger  the  peace 
and  safety  of  our  c^unry. 

The  next  declaralioii  was,  that  we  would  regard  the  interposi- 
tion of  any  European  'lower  to  oppress  the  governments  of  this 
continent,  whicli  we  hud  recently  recognized  as  independent,  or  to 
control  tlhur  destiny  ii.  any  manner  whatever,  as  manifesting  an 
unfriendly  disposition  towards  the  United  Slates.  This  declaration, 
also,  belongs  lo  the  hiitory  of  that  day.  It  grew  out  of  the  same 
state  of  circumstances,  and  may  be  considered  as  an  appendage  to 
the  declaration  to  which  I  have  just  alluded.  By  the  governments 
on  this  continent  which  wo  ha<I  recognized,  were  meant  the  repub- 
lics which  had  grown  up  after  having  thrown  olf  the  yoke  of  Spain. 
They  had  just  emerged  from  ilieir  protracted  revolutionary  strug- 
gles. They  had  hardly  yet  reached  a  point  of  solidity;  and  in  that 
tender  stage,  the  aduiinistratiou  of  Mr.  Monroe,  thought  it  proper 
not  only  to'mako  that  general  declaration  in  reference  to  the  Holy 
Alliance,  but  to  make  a  more  specific  one  against  the  interference 
of  any  European  power,  in  order  to  countenance  and  encourage 
these  young  republies  as  far  as  wo  could  with  proprietv.  This, 
like  the  other  belonging  to  the  events  of  the  time,  has  pa.ssed  away 
with  them  ;  but  supjiose  that  not  to  be  the  case,  I  ask,  does  the 
case  of  Yucatan  come  within  this  declaration  ?  Has  there  been 
any  interposition  in  the  affairs  of  Y'ucatan  on  the  part  of  anj'  Eu- 
ropean |iower  with  the  design  of  o|ipressing  her,  or  changing  her 
destiny  ?  If  not,  how  can  the  ease  of  Yucatan  be  comprehended 
in  this  declaration  ? 

Btit  it  may  bo  said,  although  the  case  of  Yucatan  is  not  express- 
ly comprehended  in  the  declaration,  j-ct  it  is  so  by  implication, 
as  it  is  meditated  by  England,  for  after  all,  that  is  the  govern- 
ment which  is  meant  in  the  message,  under  the  general  terms 
'•'  European  powers."  The  message  indicates  that  England 
mcditati's  such  iiil''rfcronce,  and  llic  chairman  of  the  Commit- 
tee on  Foicign  lieiations  distinctly  avows  that  opinion.  Has 
England,  tiien,  manifested  any  disposition  to  interfere  in  order  to 
ojipre.ss  the  people  of  Yucatan,  or  to  change  the  character  of  their 
government  from  a  republic  lo  a  monarchy  ?  We  have  no  evi- 
dence whatever  on  that  point.  It  is  true  that  the  commissioner 
from  Yucatan,  Mr.  Sierra,  would  insinuate  as  much.  He  speaks 
of  the  Indians  who  arc  in  hostility  to  the  while  people  of  Yucatan 
as  having  obtained  arms  from  the  British.  He  speaks  with  some 
degree  of  uncertainty,  however,  and  is  unable  to  say  whether  the 
arms  were  given  or  not,  and  cannot  state  how  they  were  obtained 
by  the  Indians.  He  speaks  also  of  the  hostile  temper  of  England, 
and  gives  several  indientions  of  that  kind.  But  in  answer  to  all  that 
his  own  letter  furnishes  a  conclusive  reply.  He  tolls  us  thut  the 
people  of  Yucatan  could  themselves  have  obtaineil  an  abundance 
and  cheap  supply  of  arms  from  the  Balize,  without  stating  why 
they  were  prevented,  or  why  they  did  not  obtain  them.  In  my 
opinion  the  cause  is  diU'erent  from  that  stated  by  the  Senator  from 
Massachusetts.  It  was  owing  to  the  fact  that  Yucatan  was  not 
considered  as  a  neutral  power,  but  as  a  part  of  Mexico  ;  as  far 
as  the  introduction  of  !;rms  were  concerned,  and  arms  were  in 
consequence  made  contraband,  and,  therefore,  they  were  pre- 
vented from  being  introduced  by  our  act,  and  not  by  that  of  the 
government  of  the  BritisU  agent  or  people  at  the  Balize.  One 
of  the  members  of  the  committee  goes  a  little  firther,  and  says 
that  the  settlement  at  Balize  have  sent  arms  and  a  military  force 
along  the  coast  of  Yueatau,  without  slating  any  particulars.  I  do 
not  liiid  any  evidence  of  that.    I  do  not  know  wliether  it  is  tbe  fact 


628 


TEMPORARY  OCCUPATION  OF  YUCATAN^ 


[Monday, 


or  not;  but  if  it  be  a  fact,  it  still  remains  to  be  shown  whether  that 
was  intended  to  relieve  the  pepple  of  Yucatan,  or  for  the  purfiose 
of  seizing  and  occupying  the  territory.  The  chairman  of  that 
committee  took  higliur  ground,  and,  without  assigning  his  proof, 
said  boldly  and  distinctly,  that  England  meditated  occupation  of 
the  country,  and  that  we  ought  to  pass  this  measure  in  order  to 
prevent  it.  But  the  President  himself  docs  not  put  it  upon"this 
ground.  He  does  not  make  this  charge.  He  says,  if  we  do  not 
grant  aid,  England  may ;  and  that  after  granting  it,  she  may — t  here 
is  no  stronger  expression  used — may  ultimately  assert  her  dominion 
and  sovereignty  over  Yucatan.  This  is  the  utmost  charge  made  1  y 
the  President.  Now,  the  question  arises — suppose  this  contingency 
should  happen,  would  it  bring  the  case  within  the  declaration  just 
quoted  ?  Not  at  all.  England  does  not  interpose  as  a  hostile  power. 
She  does  not  come  to  oppress  Yucatan.  She  comes  at  the  request  of 
Yucatan,  and  only  to  aid — to  rescue  the  people  of  Yucatan  from  ex- 
termination and  expulsion  by  tlie  Indians,  aceordingto  the  stalemenl 
of  the  President  himself.  Again,  suppose  England  does  assert  her 
sovereignty,  does  that  bring  the  case  within  tbe  declaration?  Not 
at  all  ;  for  the  declaration  is  directed  against  interpositions  to 
change  the  government  and  oppress  the  cmmtry.  But  in  this  case 
the  tender  of  sovereignty  is  voluntarily  made  on  the  part  of  Yucatan. 
The  acceptance  of  it  may  be  olyected  to  and  it  may  be  contended 
that  we  ought  not  to  allow  it.  I  waive  that  subject  for  the  pre- 
sent. I  assert,  however,  without  possibility  of  contradiction,  that 
the  case  even  then  does  not  come  within  the  declaration.  The 
President  him.self  gives  strong  indications  that  in  his  opinion  it  does 
not,  for  although  ho  refers  to  this  declaration  in  the  body  of  the 
message,  he  does  not  say  a  word  in  regard  to  it  when  he  comes  to 
make  his  reoommendatioii;  in  that  he  calls  upon  Congress  to  pre- 
vent Yucatan  from  becoming  a  colony  to  some  foreign  power. — 
That  shows  on  wiiicii  of  tlie  three  declarations  he  rests  his  recom- 
mendation. It  is  upon  the  third  and  last,  which  refers  to  an  en- 
tirely dilierent  .subject.  That  declarajon  is,  that  the  con- 
tinents of  America,  by  the  free  and  independent  condition 
which  they  have  assumed  and  maintained,  are  not,  henceforth, 
to  be  considered  as  subjects  of  coloni/.M„ion  by  any  European 
power.  It  is  upon  this  the  President  ba;es  his  recommendation. 
Is  the  case  of  Yucatan,  then,  compreho-ded  in  the  declaration  ? 
1  expect  to  show  that  it  is  not,  with  just  as  much  certainty  as  it 
has  been  established  that  it  does  not  come  within  the  two  former. 
The  word  ''colonization"  has  a  speeilic  meaning.  It  means  the 
establishment  of  a  settlement  by  emigrants  from  the  parent  conn- 
try,  in  a  territory  either  uninhabited,  or  from  which  the  inhabitants 
have  been  partially  or  wholly  expelled.  This  is  not  a  case  of  that 
character.  But  here,  it  may  be  proper,  in  order  to  understand  the 
force  of  my  argument,  to  go  into  a  history  also  of  this  declaration 
of  Mr.  Monroe.  It  grew  out  of  circumstances  altogether  dilierent 
from  the  other  two.  At  that  lime  there  was  !>  question  between  Great 
Britain  and  the  United  States  on  one  side  and  Russia  on  the  other. 
All  three  claimed  settlements  on  the  northwest  portion  of  this  conti- 
nent. Great  Britain  and  ourselves  having  common  interest  in 
keeping  Russia  as  far  north  as  possible,  the  former  power  applied 
to  the  United  States  for  co-operation  ;  and  it  was  in  reference  to 
that  matter  that  this  additional  dccl.iration  was  made.  It  was 
said  to  be  a  proper  opportunity  to  make  it.  It  had  reference  spe- 
cially to  tlie  sub|ect  of  the  north-western  settlement  and  the  other 
portions  of  the  <!ontineiit  were  thrown  in,  because  all  the  rest  of  it, 
■with  the  exception  of  some  settlements  in  Surinam,  Maraeaibo, 
and  thereabout,  had  jiassed  into  independent  hands. 

Now,  having  staled  the  history  of  these  transactioiis,  I  contend 
that  the  word  "  colonization,"  docs  not  apply  to  the  ease  of  Yu- 
catan. That  is  the  case  of  surrendered  sovi.ireignty  over  a  people 
already  there — a  people  who  have  tendered  it,  and  if  accepted, 
freely  accepted  on  the  other  side.  Is  that  '•  coionizaiion?"  Can 
it  be  construed  to  be  so  by  any  forced  interpretation*  No — by 
accepting  it  Yucatan  may  become  a  province,  or  to  use  the  appro- 
priate term  that  she  employs,  a  "  possession"  of  Great  Britain — 
out  not  a  colony. 

When  the  chairman    of  the    Committee  on  Foreign   Relations 
addressed   the  Senate  a  few   days  since,  he    related  a  conversa- 
tion which  he   had    with    Mr.    Adams,   in  reference    to  this  dec- 
laration, and  according  to  his  statement,  if  I  heard  him  aright,  and 
he  bo  correctly  reported,    Mr.  Adams  in  applying  his  observations 
to  the  whole   of  these   declarations,  stated    that   it    all  originated 
with  himself,  and  was  unknown  to  the  other  members  of  the  cabi- 
net, until   it   appeared    in    Mr.    Monroe's   message.     There  cer- 
tainly must  be  a  mistake    either   on    the    part   of  Mr.  Adams,  or 
that  of  the   chairman   of  the  Committee    on   Foreign  Relations, 
as   to  the  two  first  of     these    declarations.     The  history    of  the 
transaction,   the    Senator   will  perceive,  if  he  examine   the   doeu- 
racnts,  shows  distinctly,  that  the  siibjeci  came  through  Mr.  Rush, 
originating,  not  with  Mr.  -Idams,  but  Mr.  Canning,  and  was  lirst 
presented  in  the  form  of  a  proposition  from  England.  I  recollect,  as 
distinctly  as  I  do   any  event  of  my  life,  'hat  all   the  papers  in  con- 
nection with  this  subject,  was  submitted  to  Jie  members  before  the 
cabinet  met,  and  were  duly  considered.     Mr.  Adams  then  in  speak- 
ing of  the   whole  as  one,  must  have   rcfercnco   to  the  declaration 
rcTative  to  colonization.     As  respects  that,  his   memory   does  not 
ditl'er  much  from    mine.     My  impro'-sion  is,  that  it  never  becaino 
a   subject   of  deliberation    in    the    cabinet.     I    so    stated    when 
tbe    Oregon    question   was  before  the   Senate.     I  stated  it  in  or- 
der that  Mr.   Adams   might    have   an    opportunity  of  denying  it, 
or   asserting   tho   real   state   of  the    fact.     He    remained   silent, 
and  I  presume  that  my  statement  is  correct.     That  declaration 
was  inserted  after  the  cabiuec  dclibcraticn.    U  originated,  1  be- 


lieve, as  has  been  stated,  entirely  with  Mr.  Adams,  and  it  is,  in 
ray  opinion,  owing  to  this  fact,  that  it  is  not  made  with 
the  precision  and  clearness  with  which  the  two  forttier  are. — 
It  declares  without  qualification  ihat  these  continents  have 
asserted  and  maintained  their  freedom  and  independence,  and  are 
no  longer  subject  to  colonization  by  any  European  power.  This 
is  not  strictly  accurate.  Taken  as  a  whole,  these  continents  had 
not  asserted  and  maintained  their  freedom  and  independence.  At 
that  period  Great  Britain  had  a  larger  portion  of  the  continent  in 
her  possessiou  than  the  United  States.  Russia  had  a  considerable 
portion  of  it,  and  oiher  powers  possessed  some  portions  on  the 
southern  portion  of  this  continent.  The  decl.aration  was  broader  than 
thelact,  and  exhibits  precipitancy  and  want  of  due  reflection.  Be- 
sides, there  was  an  impropriety  in  it  when  viewed  in  conjunction 
with  the  foregoing  dcelaralions.  I  speak  no-,  in  the  language  of 
censure.  As  to  them  in  concert  with  England,  on  a  proposition 
coming  from  herself — a  proposition  of  the  utmost  inngnilude,  and 
which  we  felt  at  the  time  to  be  essentially  connected  with  our 
peace  and  safety  ;  and  of  course  it  was  due  to  pVopriety  as  well 
as  policy  that  this  dccl.aralion  should  be  strictly  in  accordance  with 
British  feeling.  Our  power  then  was  not  what  it  is  now,  and  we 
had  to  rely  upon  her  co-operation  to  sustain  the  ground  we  had 
taken.  We  had  then  only  about  si.x  or  seven  millions  of  people, 
scattered,  and  without  such  means  of  communication  as  we  now 
ficssess,  to  bring  us  together  in  a  short  period  of  time.  The  decla- 
ration with  respect  to  colonization  striking  at  England  as  well  as 
Russia,  gave  offence  to  her,  and  that  to  such  an  extent  that  she 
refused  to  cooperate  with  us  in  settling  the  Russian  question. — 
Now,  I  will  venture  to  say  that  if  that  declaration  had  come  before 
that  cautious  cabinet — for  Mr.  Monroe  was  among  the  wisest  and 
most  cautious  men  I  have  ever  known — it  would  have  been  mod- 
ified, and  been  expressed  with  a  far  greater  degree  of  precision, 
and  with  much  more  delicacy  in  reference  to  the  feelings  of  the 
British  government. 

lu  stating  the  precise  character  of  these  declarations,  and  the 
manner  in  which  they  originated,  I  have  discharged  a  double  duty; 
a  duly  to  my  county,  to  whom  it  is  iniport:int  that  these  declara- 
tions should  be  correctly  understood,  and  a  duty  to  the  cabinet  of 
which  I  was  a  member,  and  am  now  the  only  survivor.  I  remove 
a  false  interpretation,  which  makes  safe  and  proper  declarations 
improper  and  dangerous. 

But  it  is  not  only  in  these  respects  that  these  famous  declara- 
tions  are  misunderstood  by  the  chief  magistrate  of  the  country,  as 
well  as  by  others.     They  were  but   declarations — nothing  more — 
declaratons,  announcing  in  a  friendly  manner  to  the  powers  of  the 
world  we   should  regard  certain  acts  of  interposition  of  the  allied 
powers  as  dangerous   to  our  peace  and  safety  ;  interposition  of 
European  powers  to   oppress  the  republics  which  had  just  arisen 
upon  this  continent,   as  manifesting  an  unfriendly  disposition,  and 
that  this   continent    having  become  free  and  independent,  was   no 
longer  the  subject  of  colonization  by  European  powers.     Not  one 
word  in  reference  to  resistance.     There  is  nothing  said  of  it  ;  and 
with  great  propriety  was  it  omitted.     Resistance  belonged  to  us, 
to  Congress  ;  it  is  for  us  to  say  whether  we  shall  resist  or  not,  and 
to  what  extent.     But   such    is  not   the  view  taken  by  the  present 
chief  magistrate.     He   seems  to  hold  these  declarations  as  impos- 
ing a  solemn  duty  on  him  as  chief  magistrate  to  resist  on  all  occa- 
sions; and  not  only  to  re.>ist,  but  to  judge  of  the  measure  of  that 
resistance.     He  tells  us   in  this  very  message  that  it   is  not  to  be 
permitted  in  any  event  that  any  foreign   power  should  occupy  Yu- 
catan.    That  is  language   for  us  to  iiold,  not  for  the  chief  magis- 
trate     And  in   conformity  with  that,  he  sends  in  a  message  with- 
out giving  us  one  particle    of  evidence  as  to  those  great  political 
considerations   which  inllucnced  the  cabinet  decisions  as  stated  on 
this  floor,   in   declaring   whether   we  shall  occupy  the  country  or 
not.     I  speak  it  not   in   the   way  of  censure.     I  state  it  only  as  a 
matter  of  fact,  dcduciblo  from   the  message  itself,  and  as  evincing 
undoubtedly  a  great  and  dangerous  misconception  of  these  celebra- 
ted declarations.     But  that  is  not  all.     He  tells  you  in  the  same 
message,  that  these  declarations  have  become  the  settled  policy  of 
this  country.     What,  the  declarations  J     Declarations  are  not  pol- 
icy and  cannot  become  settled  policy.     He  must  mean  that  it  haa 
become  the  settled  policy  of  this  country  to  resist  what  these  decla- 
rations  refer   to  ;  to    resist,   if  need  be,  by   an   appeal   to   arms. 
Is   this   the  fact  ?     Has  there    been   one   instance   in  which  these 
declarations  have  been  carried  into  effect  ?     If  there  be,  let  it  be 
pointed  out.     Have  there  not  been  innumerable  instances  in  which 
they  have   not    been   applied?     Certainly  :  and   more.     The  dec- 
larations, Under  this    broad  interpretation,   .were    disavowed    en- 
tirely three  years  afterwards  by  the  vote    of  the  republican  party, 
when   the    administration   of   Mr.   Adams    endeavored    to    apply 
them  by   sending  ministers  to   the  Congress   at   Panama,  as  will 
be    seen    by   reading    the    debates    and    the    proceedings    on   the 
subject.     And   let  mo  say— for  it   i-^  proper  that  I    should  make 
the  declaration  on   this   occasion— that  there   has   been  an   entire 
revolution   between  tho    two  parties  in   this  country  in   reference 
to    our    Ibreign    relations.      At    the    commencement    of    our    go- 
vernment,  and  down  to   a   late   period— I    will  mark  it— the  com- 
mencement of  Jackson's  administration,  the   policy  of  the  republi- 
can  party  was  to  avoid  war  as  long   as  war  could'bo  avoided,  and 
to  resort   to  every  means   to  avert  its   calamities.     The  opposite 
party,  without  being  a  war  party,  had  not  so  decided  an  aversion 
to  war.     The  thing  is  now  reversed  ;  and  hence,  I,  who  have  en- 
deavored to  maintain  tbe  old  ^'round  of  the  party  for  years  on  all 
questions  connected  with  our  loreign  relations,  have   been  compel- 
led to  co-operate  with  gentlciaen  on  the  opposite  side,  and  to  resist 


May  15.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


629 


those  in  the  midst  of  whom  I  stand.  Now  it  is  not  and  never  has  been 
the  established  policy  of  the  country.  And  if  it  should  ever  become 
so.  to  the  wide  extent  to  which  these  declarations  have  been  inter- 
preted to  po,  our  peace  would  ever  be  disturbed — the  gates  of  our 
Janus  would  ever  stand  open — wars  would  never  cease. 

What  the  President  has  asserted  in  this  case,  is  not  a  principle 
belonging  to  these  declarations  ;  it  is  a  principle,  which  in  his  mis- 
conception he  aiteinpls  to  engraft  upon  them,  but  which  has  an 
entirely  different  meaning  and  tendency.  The  prmciple  which  lies 
at  the  bottom  of  his  recommendation  is,  that  when  any  power  on 
this  continent  becomes  involved  in  internal  warfare,  and  the  vv-eaker 
side  chooses  to  make  application  to  us  for  support,  we  are  bound  to 
give  them  support  for  fear  the  offer  of  the  sovereignly  of  the  coun- 
try may  be  made  to  some  other  power  and  accepted.  It  goes  in- 
finitely and  dangerously  beyond  Mr.  Monroe's  declaration.  It  puts 
it  in  the  power  of  other  countries  on  this  continent  to  make  us  a 
party  to  all  their  wars;  and  hence,  I  say,  if  this  broad  interpre- 
tation bo  given  to  these  declarations  we  shall  forever  be  involved  in 
wars. 

But  in  disavowing  a  principle  which  will  compel  us  to  re- 
sist every  case  of  interposition  of  European  powers  on  this 
continent,  I  would  not  wish  to  be  understood  as  defending  the 
opposite,  that  we  should  never  resist  their  interposition.  That 
is  a  position  which  would  be  nearly  as  dangerous  and  absurd 
as  the  other.  But  no  general  rule  can  bo  laid  down  to  guide  us 
on  such  a  question  ?  Every  case  must  speak  for  ilselT — every 
case  must  be  decided  on  irs  own  merits.  Whether  you  will  resist 
or  not,  and  the  measure  ol  your  resistance,  whether  it  shall  be  by 
negotiation,  remonstrance,  or  some  intermediate  measure,  or  by  a 
resort  to  arms — all  this  must  be  determined  and  decided  on  the 
merits  of  the  question  itself.  That  is  the  only  wise  course.  We 
are  not  to  have  quoted  on  us  on  every  occasion  general  declara- 
tions, to  which  any  and  every  meaning  may  be  attached.  There 
are  cases  of  interposition  where  I  would  resort  to  the  hazard  of 
war  with  all  its  calamities.  Am  I  asked  for  one?  I  will  answer. 
I  designate  the  ease  of  Cuba.  So  long  as  Cuba  remains  in 
the  hands  of  Spain,  a  friendly  power,  a  power  of  which  we  have 
no  dread,  it  should  continue  to  be,  as  it  has  been,  the  policy  of  all 
administrations  ever  since  I  have  been  connected  with  the  govern- 
ment, to  let  Cuba  remain  there;  but  with  the'fixed  dctcrniinatioii 
which  I  hope  never  will  bo  relinquished,  that  if  Cuba  pass  from 
her  It  shall  not  be  into  any  oilier  hands  but  ours.  This,  nut  from 
a  feeling  of  ambition,  not  from  a  desire  for  the  extension  of  dominion, 
but  because  that  island  is  indispensable  to  the  safety  of  the  United 
States;  or  rather,  because  it  is  indispensable  to  the  safety  of  the 
United  States  that  this  island  should  not  be  in  certain  hands. 
If  it  were,  our  coasting  trade  between  the  gulf  and  the  Atlantic 
would,  in  case  of  war,  he  cut  in  twain,  to  be  followed  by  convul- 
sive effects.  In  the  same  category  1  will  refer  to  a  case  in  which  we 
might  have  most  rightfully  resisted  a  foreign  power,  and  that  is  the 
case  of  Texas.  It  has  been  greatly  misunderstood.  It  sprung  up 
in  the  midst  of  party  excitement,  when  a  large  portion  of  both 
parties  were  opposed  to  annexation;  and  when  it  was  difficult,  if  not 
impossible  to  get  a  fair  hearing.  I  never  supposed,  as  has  beeu 
stated  on  this  floor,  that  Great  Britain  intended  to  subject  Texas 
to  her  power.  That  was  not  my  dread.  What  was  dreaded  was 
this  :  Texas  being  a  small  power,  and  Great  Britain  having  a  free 
and  large  commercial  intercourse  with  her,  and  we  almost  none,  al- 
though "bone  of  our  bone  and  fiesh  of  our  flesh, "she  would  gradually 
have  been  weaned  of  her  affection  for  us.  Kindness  for  England  and 
aversion  for  us,  would  have  been  the  result.  That  is  the  inevi- 
table tendency  between  nations  having  coterminous  limits.  At  that 
very  time  there  were  several  questions  between  this  country  and 
Texas,  which,  had  it  not  been  for  tho  most  amicable  feelings 
which  subsisted  between  ns,  would  have  ended  in  hostilities.  A 
long  line  of  more  than  a  thousand  miles  illy  defined  tho  boundary 
between  us  and  Texas,  to  become  involved  constantly  in  war  with 
her,  supported  by  Great  Britain  and  Mexico  as  her  allies.  Isaw 
all  ihis — I  saw  clearly,  that  it  was  a  case  to  resist  inierposition, 
and  that  there  was  no  other  mode  by  which  resistance  could  bo 
made,  except  by  annexation,  and  therefore  I  was  in  favor  of  an- 
nexation. 

But  I  was  asked  by  one  of  the  members  of  the  Committee  on 
Foreign  Relations,  if  I  would  be  in  favor  of  resisting  Great  Bri- 
tain if  she  sould  assert  sovereignty  and  dominion  over  Yucatan  1 
I  answer,  I  would  not.  And  "Tor  irresistible  reasons.  I  would 
not,  because  the  country  is,  to  a  great  extent,  a  most' worthless 
one.  Nearly  one  halt  is  destitute  of  a  single  stream — rocky  and 
barren  throughout  the  greater  part  ;  and  it  is  onlv  by  moans 
of  the  artificial  reservoirs  of  water,  that  they  are  enabled  to  live 
through  the  dry  seas-m.  I  would  not,  because  the  possession  of 
Yucatan  would  contribute  nothing  to  tho  defence  of  the  passage 
between  it  and  Cuba,  which  is  represented  to  be  so  important  w 
our  commerce.  It  is  not  without  its  importance — it  is  important 
to  the  inward  trade,  but  not  at  all  to  the  outward  trade  of  the  gulf. 
There  is  a  constant  current  of  wind  and  water  setting  in  that  di- 
rection, of  which  vessels  going  to  New  Orleans,  or  any  other  port 
on  the  gulf,  may  avail  themselves.  But  on  coming  from  those  ports, 
they  almost  invariably  take  their  way  between  Florida  and  Cuba, 
and  thus  the  passage  between  Yucatan  and  Cuba  is  the  inlet  to  the 
gulf,  but  not  the  outlet  from  it.  That  is  entirely,  or  nearly  so, 
between  Cuba  and  Florida.  I  speak  in  reference  to  coasting  ves- 
sels.    In  voyages  from  Europe  they  pass  south  of  Cuba.       ° 

But  I  take  higher  grounds.  If  it  were  not  only  an  inlet,  but  an 
outlet,  the  occupation  of  Yucatan  by  England  would  add  nothing 
to  her  power  in  cuttias  off  our  trade.    Yucatan  is  very  destitute 


of  ports — there  is  not  a  frigate  port  laid  down  in  the  charts  on  the 
whole  Peninsula,  unless  that  at  the  Balize  be  so.  But  with  or 
without  Yucatan,  Great  Britain  possesses  an  uncontrollable  power 
over  the  passage  whenever  she  chooses  to  exert  it.  If  ever  we 
should  be  engaged  in  a  war  with  her,  there  is  not  a  single  vessel 
of  ours,  even  if  we  were  in  possession  of  Yucatan,  that  could  enter 
the  gulf  by  that  passage.  The  passage  from  the  gulf  between 
Yucatan  and  Cuba  does  not,  as  seems  to  be  supposed,  lead  directly 
into  the  Atlantic,  but  into  the  Carribcan  sea,  which  is  that  por- 
tion of  the  Atlantic  ocean,  having  on  its  north  and  west  side  Yuca- 
tan and  Cuba  ;  on  the  east  the  Windward  Islands  ;  and  on  the  south 
all  that  portion  of  South  America  extending  nearly  from  Oronoco 
to  Yucatan.  Great  Britain  has  the  complete  command  of  that 
sea,  the  island  of  Jamaica  being  in  tho  middle  of  it.  Jamaica 
abounds  with  the  finest  ports,  and  tho  most  commodious  naval  sta- 
tions. In  addition  to  that,  she  has  the  Balizo,  which  is  nearer  the 
point  of  Yucatan  than  Laguna  or  Carmen  on  the  opposite  side  of 
the  Peninsula  next  the  gulf,  and  which  is  the  only  port  on  that 
side  in  which  even  a  sloop  of  war  can  enter,  and  of  course  the  Ba- 
lizo is  better  calculated  to  command  the  pas.^age.  In  addition, 
she  possesses  many  of  the  Windward  Islands  to  ^the  east,  and 
hence  the  complete  command  of  the  Carribean  sea,  and  will  con- 
tinue to  possess  it  so  long  as  she  retains  the  ascendancy  on 
the  ocean.  It  would  be  thus  locked  up  effectually  against 
us  in  time  of  war.  In  time  of  peace  we  do  not  need  it. 
But  I  would  not  take  military  possession  of  Yucatan,  if  I  were  cer- 
tain Great  Britain  would,  for  another  reason.  Not  only  because  it  is 
worthless,  but  because  it  would  impose  on  us  a  very  heavy  cost 
both  in  men  and  money,  first  to  take  possession  and  then  to  keep 
it.  The  extent  to  which  our  expenditures  would  go  no  man 
can  estimate  ;  we  have  no  data  on  which  we  can  act.  The 
population  is  between  five  or  six  hundred  thousand,  of  which  only 
fifty  thousand  are  said  to  be  whites  and  mixed  blood.  Tho  In- 
dians, originally  a  very  peaceful  and  quiet  people,  unaceustomdc 
to  arms,  from  being  frequently  called  into  tho  contest  between  the 
factions  and  the  war  with  Mexico,  have  become  accustomed  to 
them,  and  possessed  of  some  military  knowledge.  They  arc  rep- 
resented as  very  active,  capable  of  marching  rapidly,  and  in  tho 
habit  of  flying  to  the  mountains  to  escape  from  their  pursuers.  In 
that  climate,  among  the  most  arid  upon  earth,  when  these  people 
fly  before  us,  how  or  when  will  this  war  come  to  an  end  ?  It  may 
prove  another  Seminole  affair.  Who  can  answer  what  will  be  the 
sacrifice  of  men  and  money  1 

But  an  Indian  war  would  not  be  the  greatest  danger  to  which 
we  would  be  exposed.  To  attempt  to  take  military  possession, 
with  a  view  to  prevent  England  from  asserting  sovereignty  and 
dominion  over  the  countiy— if  that  indeed  be  her  intention — would 
bring  us  into  certain  conflict  with  her,  and,  it  may  be,  with  Spain, 
too.  They,  as  well  as  we,  are  implored  to  accept  the  sovereignty, 
on  condition  of  defending  the  existing  government  against  the  In- 
dians. Suppose  they,  as  well  as  we,  should  accept  the  offer,  and 
that  we  should  find  them  with  an  armed  force,  prepared  to  lake 
possession  ?  Must  it  not  lead  to  a  direct  conflict  of  arms,  unless 
one  or  the  other  gives  way  ?  Would  we  be  prepared,  in  such  a 
case,  to  back  out  ?  And  if  nut,  what  reason  have  we  to  suppose 
that  others  will  not  be  as  resohite  to  carry  out  their  object  as  we 
are?  Would  not  a  eonflic".  be  inevitable  ?  That  such  would  be 
tho  result,  is  anticipated  by  Mr.  Sierra  himself,  who,  speaking  in 
reference  to  it  says  that  the  condition  of  the  country  would  be,  in 
that  case,  "  infinitely  more  unfortunate  than  it  is  now,  because  in 
addition  to  all  the  evils  of  the  present  war  it  would  be  exposed, 
on  the  other  hand,  to  become  the  theatre  of  another  war."  Are 
we  prepared  to  occupy  tho  country  by  military  force,  as  reeum- 
mended  by  the  committee,  at  the  risk  of  so  great  a  hazard  ?  I  am 
not.  I  am  in  favor  of  peace,  whenever  it  can  be  maintained  con- 
sistently with  the  honor  and  the  safely  of  the  country.  I  can  see 
no  such  necessity  in  this  case,  even  on  the  supposition  stated,  as 
to  induce  me  to  incur  such  hazard,  especially  at  a  period  like  iho 
present.  Never  was  the  future  more  uncertain.  Events  occur 
with  electric  rapidity.  No  man  cantell  what  may  come  to-mor- 
row, and  never  was  there  a  time  when  caution  was  more  neces- 
sary— when  there  was  stronger  inducement  to  husband  our  re- 
sources— to  avoid  quarrels  and  wars,  or  any  thing  that  can  involve 
us  in  difficulty  in  order  to  stand  prepared  to  meet  emergencies  as 
they  arise.  He  who  looks  abroad — ho  who  looks  at  the  eastern 
horizon,  and  does  not  see  the  necessity  for  caution,  is  blind  to  the 
future. 

I  would  not  take  military  possession  even  under  the  contingency 
I  have  stated,  for  another  reason.  It  would  be  a  breach  of  good 
faith.  Not  long  since  we  agreed  upon  the  terms  of  a  treaty  with 
Mexico.  That  treaty,  before  this  time,  has  been  acted  on,  or  is 
about  to  be  acted  on,  by  the  Mexican  government,  and  until  it  is 
acted  on  we  are  bound  in  good  faith  to  observe  it.  If  it  is  acted 
on  favorably,  it  becomes  a  permanent  obligation.  We  have  con- 
sidered Yucatan  as  part  of  Mexico,  as  one  of  the  States  of  the 
Mexican  republic.  It  is  not  comprehended  within  the  line  which 
is  proposed  to  be  drawn  between  us  and  her.  We  couM  not 
seize  upon  that  State  in  conformity  with  good  faith  ;  nor  could  we 
in  conformity  with  the  armistice,  for  the  same  reason.  The  ar- 
mistice makes  some  exceptions,  but  this  is  not  one  of  them. 

I  have  now  stated  my  reasons  against  the  measure  reported  by 
the  committee  to  carry  into  effect  the  message  of  the  President, 
recommending  that  we  should  adopt  the  measure  to  prevent  Yucatan 
from  becoming  a  colony  of  a  foreign  power.  I  now  proceed  to  con- 
sider the  next — to  adopt  measures  to  prevent  the  white  population 
from  being  exterminate  J  or  expelled  frgm  Yucatan.  And  Uere  let  ma 


630 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Monday, 


express  ray  regret,  that  the  President  should,  in  the  same  message, 
unite  two  measures  of  such  different  characters;  one  an  appeal  to  our 
humanity,  which  I  woi  Id  as  far  as  we  could  with  propriety  act  upon 
promptly  and  at  once.  Tlie  other,  involving  the  hiL'hest  consider- 
ations ol'  policy,  and  which  requires  much  time  and  much  delibera- 
tion. It  is  among  the  most  complicated  questions  ever  presented 
to  this  body,  and  by  no  means  the  least  important.  Why  tliese  differ- 
ent questions  have  been  mingled,  1  am  not  prepared  to  say.  The 
emergency  for  the  one  seems  to  liave  existed  long  bcl'ore  the  other. 
Danger  to  the  white  population  has  been  known  to  exist  since  the 
middle  of  February,  but  the  message  has  only  been  recently  com- 
municated :o  us.  During  this  long  interval,  if  the  case  appeahng 
to  our  humanity  had  been  brought  forward,  we  might  long  ere  this 
have  rendered  efficient  aid.  But  whatever  may  be  the  effects  of 
the  delay  in  reference  to  these  Yucatanese,  they  are  not  chargea- 
ble to  us.  Higher  considerations  in  reference  to  us — considerations 
of  policy,  demand  of  us  deliberation,  and  that  deliberation,  I  trust, 
will  be  given,  in  despite  of  the  charge  of  unnecessary  delay.  But 
I  pass  on  to  the  question   of  humanity. 

If  this  be  a  war  of  races  in  reality — if  the  white  race  be  not  re- 
sponsible for  this  war — if  they  have  used  all  manly  exertions,  and 
exhibited  due  courage  in  repelling  the  danger,  strong  indeed 
Would  be  the  appeal  to  my  sympathies.  I  have  no  aversion  to  an}- 
race,  red  or  black,  but  my  sympathies  are  for  the  white  race.  I  have 
not  been  so  much  sophisticated  by  misguided  philosophy  or  false  phi- 
lanthropy, as  to  lose  the  natural  feelings  which  belong  to  me.  I  go 
farther.  If  this  is  a  case  ol  war  between  races — if  the  Indians  have 
"■without  just  cause,  risen  and  threatened  the  massacre  and  exter- 
mination of  the  white  race,  who  have  acted  so  generously  towards 
them,  as  to  raise  them  from  the  condition  of  slaves  or  serfs  to  the 
condition  of  citizens  and  freemen — this  would  present  a  strong  case 
on  the  scoreof  policy  for  interposition, connected  with  considerations 
belonging  to  progress,  civilization,  and  liberty.  It  was  the  Spanish 
.or  white  race,  and  in  that  we  include  the  mi.xed  races,  who  overthrew 
the  Spanish  power,  and  have  throughout  evinced  the  greatest  attach- 
ment under  all  circumstances  to  republican  government,  refusing  to 
yield  in  any  degree  according  to  the  well  known  Spanish  charac- 
ter. They  have  all  the  wealth,  and  comprise  nearly  all  the  intelli- 
gence of  the  country  ;  and  on  their  asceiidancv,  in  my  opinion,  de- 
pends the  future  progress  of  civilization  and  liberty  of  Yucatan.  It 
is  true,  they  arc  not  very  elevated  in  their  sentiments,  nor  very  well 
informed  on  political  suhjeots;  but  they  are  far  better  informed,  and 
far  more  elevated  in  semiinent,  than  the  Indian  race  can  possiblv  be. 
If  they  can  maintain  themselves,  there  is  some  hope  that  Yucatan 
may  go  lorward,  that  intelligence  may  increase,  and  that,  at  some 
future  uay,  they  may  be  prepared  to  look  for  a  higher  position  than 
at  present.  If  the  white  race  be  overthrown,  and  Indian  ascendencv 
established,  there  will  be  a  directly  opposite  tendency  to  end  in  a 
despotic  government,  like  that  of  Hayti.  Perhaps,  a  capable  man 
may  at  first  be  elevated  to  power,  and  may  govern  tolerably  well, 
but  it  will  undoubtediy  follow  the  course  oi"  Hayti.  The  tendency 
of  power  will  be  downwards,  until  it  come  down  to  the  very  bottom, 
and  end  in  a  savage  state. 

But  if  there  arc  powerful  considerations  why  we  should  interfere 
as  far  as  we  could  with  propriety  for  these  reasons,  there  are  very 
powerful  ones  why  wc  should  act  with  great  caution.  The  case  of 
Yucatan  docs  not  stand  alone.  All  the  causes  operating  thereto  pro- 
duce the  present  state  ol  things,  are  operating  in  alTthe  portions 
of  this  continent  south  of  us,  including  iVIexico,  down  on  the  east- 
ern side  of  the  Andes  to  Buenos  Ayres,  and  on  the  western  to  Chili. 
All,  all,  are  in  great  danger  of  falling  into  the  condition  in  which 
Yucatan  is  now  placed.  The  history  of  all  has  been  the  same. 
The  white  and  mi.xed  I  aces  Icl  in  casting  off  the  yoke  of  Spain. 
They,  every  where,  elevated  the  Indian  race  to  an  equality 
with  themselves.  It  was  done  most  imprudently,  and  conveys  a 
solemn  lesson.  They  conferred  upon  the  Indians  full  political 
rights,  subiccting  them  at  the  same  time  to  unequal  civil  bur- 
dens. While  they  gave  them  the  power  of  voting — the  highest 
political  power — they  imposed  a  tax  upon  them  exclusively  of  a 
most  onerous  character,  so  as  to  throw  almost  the  whole  burden  of 
supporting  the  government  and  the  church  upon  them.  Ifthe  order 
had  been  reversed — if  they  had  given  them  all  civil  rights,  and 
dealt  out  to  them  more  sparingly  political  rights,  elevating  the  more 
intelligent,  and  cxiending  the  basis  of  siiHrage  as  the  intelligciico 
of  the  Indian  population  incroa.scd,  a  very  dilferent  result  might 
have  taken  place.  All  these  South  American  states  consist  of  the 
same  population,  whites,  mixed,  and  Indians.  The  African  pop- 
ulation is  small.  All  will,  I  fear,  be  agitated  in  turn.  The 
whole  of  them,  it  is  to  be  feared,  will  be  subjected  to  one  melan- 
choly late,  and  be  overthrown  in  si)ite  of  all  that  we  may  do.  But 
1  trust  that  it  may  be  otherwise.  The  magnitude  of  this  subject, 
however,  should  teach  us  caution.  Whatever  we  do  in  this  case, 
we  set  a  precedent;  we  affirm  a  principle;  and  every  one  knows 
the  force  of  precedents  and  asserted  principles  upon  a  population 
like  that  of  our  country.  You  will  have  to  follow  it  in  all  other 
cases.  Even  now,  Venezuela  is  involved  in  a  war  every  way 
similar.  How  it  may  cud  we  know  not.  Guatamala  has  gone 
through  the  process.  She  is  already  under  Indian  authority.  A  man  of 
remarkable  character,  it  Is  said,  is  at  the  head  of  the  government — 
things  may  go  very  well  in  his  lime,  but  how  they  are  to  manage 
afterwards  who  can  tell  ?  Look  at  the  subject.  Are  we  to  de- 
clare now  by  our  acts  that,  in  all  those  eases,  wo  are  to  interpose 
by  force  of  arms  if  need  be — and  thereby  become  involved  in  the 
fate  of  all  these  countries  ?  Ought  wo  sot  such  a  precedent  ?  No. 
The  lirst  duty  of  every  nation  is  to  itself,  and  that  is  the  case  pre- 
eminently with  the  United  States.    They  owe  a  high  duty  to  ih«(U- 


selves.  To  pursue  a  line  of  policy  what  will  secure  their  liberty. 
The  success  of  their  great  political  system  will  be  of  infinitely 
more  service  to  mankind  than  the  securing  of  the  ascendancy  of 
the  white  race  in  the  southern  portion  of  this  continent,  bow- 
ever  important  that  may  be.  But  if  iistead  of  pursuing  this 
wise  policy,  such  a  course  be  entered  ujion  as  that  recom- 
mended in  the  message  of  the  President,  I  fear  that  sooner  or 
later  the  ruins  of  our  government  will  bo  .added  to  thos<)  which 
have  fallen  within  the  last  few  months.  But  while  I  see  the  great- 
est reason  for  caution,  I  think  that  this  government,  upon  all  oc- 
casions, ought  to  give  encouragement  and  countenance,  as  far  as  it 
can  with  safety,  to  the  ascendancy  of  the  white  races — ihit  it  ought 
to  be  the  guardian  of  the  civilization,  progress,  and  liberty  of  this 
continent,  in  reference  to  those  portions  of  it  where  they  are  ex- 
posed to  this  dani;er.  I  will  not  s.ay  that  in  no  case  should  we  ever 
give  them  military  aid,  but  if  there  be  a  case  which  will  justify 
that,  it  must  bo  an  extraordinary  one,  to  be  judged  of  by  Us  in- 
trinsic merits,  and  not  governed  by  a  general  rule. 

I  have  said  that  if  this  be  a  case  of  w.ar  between  races — if  the 
white  race  be  not  responsible  for  it — if  they  have  been  patriotic 
and  courageous  in  their  own  defence,  it  would  present  a  strong 
appeal  to  my  sympathy.  Is  it  a  war  of  races  ?  I  have  exam- 
ined the  case  with  all  the  lights  before  me,  and  I  shall  now 
state  the  conclusion  to  which  I  have  arrived.  It  is  now,  I  behove, 
substantially  a  war  of  races,  but  was  not  so  at  the  beginning.  It 
seems  that  from  the  beginning  of  the  government  of  Yucatan, 
there  have  been  violent  factions,  accompanied  by  a  disposition  on 
the  part  of  llie  factions  to  call  in  the  aid  of  the  Indians;  and  in 
order  to  obtain  their  aid  as  voters,  certain  promises  were  made  to 
them  which  have  not  been  well  fulfilled.  It  would  seem  that  in 
this  case  one  of  the  factions,  to  secure  the  Indian  vote,  promised 
the  reduction  of  the  capitation  tax — an  enormous  burden  which 
presses  them  to  the  earth.  The  conflict  oriainated,  it  is  said,  in 
this  wise:  in  the  contest  for  power  between  Mendez  and  Barba- 
chiiio,  the  partizans  of  the  former,  about  Campeachy,  made  pro- 
posals to  the  Indians  to  reduce  the  capitati(ui  tax.  Mendez  in  conse- 
quence of  these  overtures  obtained  the  aid  of  the  Indians  and  was 
elected  governor.  But  when  be  got  into  power  he  did  not  fulfil 
his  promises.  Instead  of  removing  the  taxes,  he  enforced 
their  collection  rigidly,  which  produced  some  disturbance.— 
It  seems  farther — for  this  is  an  inference  rather  than  a  state- 
ment— that  the  question  of  the  war  between  the  United  States 
and  Mexico  entered  into  the  quarrel,  and  that  Barbachino 
leaned  to  the  side  of  Mexico,  while  Mendez  took  the  side  of  neu- 
trali'y,  which  preponderate  I.  It  would  also  seem  that  the  Indian 
opposition  was  at  first  feeble.  In  the  midst  of  the  conflicts  of  the 
contending  factions,  it  grew  and  became  at  length  so  impor- 
tant and  threatening,  as  to  occasion  alarm  and  consternation. 
There  was  almost  no  display  whatever  of  courage  on  the  part 
of  the  white  population;  and  very  little  evidence  of  patriot- 
ism throughout  the  whole  affair.  All  this  tends  very  much 
to  weaken  my  sympathies.  Were  the  case  confined  to  the  male 
population,  I  should  have  little  or  none.  But  there  are  helpUss 
women  and  children,  whose  wretched  condition,  on  the  score  of 
humanity,  demands  interference.  I  may  add,  that  there  is  some 
iiiibrmation  inducing  the  belief,  that  it  is  not  altogether  even  now 
a  war  of  races.  Barbachino  is  now  in  power,  and  such  has  been 
the  violence  of  faction,  that  a  large  portion  of  the  forces  of  Men- 
dez has  withdrawn  from  the  army,  on  the  change  in  the  govern- 
ment. I  will  state  in  this  connexion,  what  perhaps  should  have 
been  said  before,  that  the  intelligence  brought  by  a  late  arrival  at 
New  Orleans,  establishes  beyond  all  controversy,  that  England 
has  not  been  implicated  in  the  affair.  It  appears  that  even  the 
British  settlement  at  the  Balize  is  threatened  by  Indians — that  the 
last  captured  city  is  not  more  than  one  hund'ed  miles  distant  from 
that  settlement— and  that  a  dispatch  had  been  sent  for  additional 
troops  from  Jamaica.  This  apprehension  of  an  attack,  had 
resulted  from  the  British  settlement  having  sent  down  a  few  ves- 
sels to  the  coast  of  Yucatan,  to  pick  up  the  miserable  fugitives. 
If  there  had  been  any  suspicion  as  to  the  conduct  of  that  settle- 
ment, or  British  subjects  in  that  quarter,  these  facts  ought  to  put 
an  end  to  them  forever. 

How  far  ought  we  to  go  then  on  the  score  of  humanity  ?  I 
think  that  all  the  naval  force  which  we  can  spare  should  be  sent 
to  relieve  these  helpless  people,  and  that  we  should  supply  food 
and  raiment  for  their  present  necessities,  and  convey  them  where- 
soever they  desire — to  Cuba  or  elsewhere.  In  a  word,  wa 
should  do  all  that  humanity  requires.  But  I  cannot  agree  to 
carry  out  the  provisions  of  a  bill  which  authorizes  the  Presi- 
dent to  use  the  army  and  navy  to  take  military  occupation  of 
the  country.  No  eonsiJeratious  of  humanity,  or  of  tho  ascen- 
dancy of  the  white  race  in  Yucatan,  justify,  in  my  opinion,  the 
adoption  of  such  a  course  of  policy.  It  is  now  clear  that  the 
while  population,  including  the  mixed  race,  is  so  prostrated  and 
feeble,  and  the  Indians  so  powerful,  thiit  not  a  hope  remains  of  re- 
establishing the  permanent  ascendancy  of  the  whites.  We  can, 
doubtless,  by  force,  subject  the  Indians  and  reinstate  tho  whites 
in  power  ;  but  the  moment  that  we  withdraw  the  former  state  of 
things  will  recur.  We  will  thus  be  perpetually  engaged  in  this 
work.  Now,  I  am  not  willing  to  incur  tho  danger  and  the  cost 
of  maintaining  the  ascendancy  of  the  whites.  I  am  not  willing  to 
have  this  task,  which  does  not  belong  to  us,  attached  to  our  govern- 
ment. 

I  come  now  to  the  amendment  of  the  Senator  from  Mississippi, 
[Mr.  D.A.V1S.]  As  between  tho  bill  and  tho  amendment,  I  prelor 
the  bill.    Xhey  both  propose  tlie  isame  ihing .  It  is  true  iho  amend< 


May  15.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


631 


ment  says  only  that  the  President  shall  have  the  power,  without 
prescribintj  what  the  President  is  to  do  wiih  it.  But  the  President 
has  told  us  what  he  will  do.  He  has  told  us  as  clearly  as  il'  it  was 
put  in  the  amendment.  His  object  is  to  take  military  oecnpa. 
tiou  of  Yucatan — temporary  to  be  sure,  but  it  must  end  m  perma. 
nent  occupation.  Now  I  would  rather  do  that  with  our  own  sanc- 
tion directly,  wliich  the  President  proposes  to  do,  than  under  the  co- 
ver of  this  amendment.  Nor  am  I  reconciled  to  the  amendment  by 
the  preamble  offered  by  the  Senator  from  Alabama.  I  think  the 
Senator  had  not  seen  all  the  documents  when  he  offered  that  pre- 
amble. Il  does  not  reach  the  case.  It  presupposes  an  nbliyation 
on  the  part  of  the  government  of  the  United  States  to  defend  the 
white  race  there,  because  we  had  so  crippled  Mexico  that  she 
could  not  afford  them  protection.  I  believe  I  state  the  substance 
of  the  preamble  correctly. 

Mr.  LEWIS  assented. 

Mr.  CALHOUN. — The  ease  is  very  different  from  what  the 
preamble  suppo.ses.  Yucatan  does  not  look  to  Mexico  for  protec- 
tion. On  the  contrary,  they  are  more  alarmed  at  the  danger  they 
have  to  fear  from  Me.xieo  than  from  the  Indians.  Unfortunately 
for  themselves, -they  assumed  a  position  of  neutrality,  or,  as  they 
say,  of  independence.  They  thereby  became  traitors  in  the  eye  of 
Mexico;  and  uo  doubt  they  will  be  held  responsible  as  such.  Hence 
we  see,  Mr.  Sierra  makes  a  strong  and  powerful  remonstrance 
against  the  treaty  with  Mexico.  Nay,  he  goes  so  far  as  to  say, 
Ihat  as  a  matter  of  good  faith,  that  the  United  States  should  not 
permit  Yucatan  to  be  sacrificed.  There  has  been,  in  my  opinion, 
a  good  deal  of  mismanagement  in  reference  to  this  whole  affair. 
The  people  of  Yucatan  were  recognized  as  neutrals  or  not,  just  as 
suited  the  pleasure  of  the  President.  So  far  ,as  the  collection  of 
revenue  was  concerned,  they  were  not  neutral;  6s  far  as  the  im- 
portation of  arras  into  the  country  was  concerned,  they  were  treated 
as  belligerents,  and  the  arms  were  made  contraband  of  war,  lest 
they  should  bo  transferred  to  Mexico.  What  has  been  the  effects? 
Among  them  has  been  this,  and  they  complain  of  it,  that  they  have 
been  kept  destitute  of  arms  and  means  whereby  to  defend  themselves 
in  this  contest.  On  reviewing  the  whole  case,  however,  I  think  that 
the  white  population  of  Yucatan,  have,  in  a  great  measure,  them- 
selves to  blame.  The  factious  confliets— fierce  and  maniacal,  in 
which  they  have  been  engaged,  which  have  kept  them  contenilmg  to 
the  last,  have  involved  them  in  these  frichtful  calamities.  But  the 
administration  are  not  wholly  irresponsible.  They  knew  that  Men- 
dez  had  declared  neutrality,  if  not  independence,  ami  approved  of  it. 
Tiiev  beheld  the  progress  of  those  Indians.  Thev  witnessed  their 
devastations,  and  instead  of  interfering  to  defend  those  who  had  de- 
clared themselves  lo  be  our  friends,  stood  by  with  arms  folded  ! 
Thus  have  they  incurred  a  very  heavy  responsibility.  They  ought 
to  have  given  no  countenance  to  their  claim  of  neutrality  and  treated 
them  as  one  of  (he  Mexican  States,  or  ousht  to  have  fully  recog- 
nized  their  neutrality  and  independence.  On  the  contrary,  by  regard- 
ing them  as  a  Mexican  State  or  as  a  neutral  and  independent  power, 
as  best  suited  their  convenience,  they  have  placed  the  people  of 
Yucatan  in  an  awful  condition,  by  leaving  them  unprotected  from 
the  fury  of  the  Indians,  and  exposing  them  to  be  treated  as  trait- 
ors by  Mexico  ;  and  we  are  now  appealed  to,  at  this  late  period, 
to  remedy  the  evils  resulting  from  this  fluctuating  and  uncertain 
policy  when  they  are  no  longer  curable  ;  but  by  incurring  hazards 
and  sacrifices  we  cannot  be  justified  in  making. 

Mr.  BAGBY'. — I  wish  to  say  a  few  words  in  reference  to  this 
subject,  but  as  it  is  now  late  perhaps  it  would  be  more  agreeable 
to  the  Senate  that  the  subject  should  be  passed  by  for  the  present. 
I  move  that  the  further  consideration  of  tho  bill  be  postponed 
until  to-morrow. 

Mr.  CASS. — Will  the  honorable  Senator  allow  me  to  make  one 
remark  to  the  Senator  from  South  Carolina;  to  state  one  fact 
which,  perhaps,  has  escaped  ihe  recollection  of  the  honorable  Sena- 
tor, which  is,  that  there  is  a  very  excellent  harbor  at  the  extreme 
point  of  Yucatan.  I  saw  a  map  the  other  day  which  shews  one 
of  the  best  harbors  that  there  is  to  be  found  in  all  that  region,  having 
four  fathoms  and  a  half  of  water.  The  map  that  I  refer  to  I  con- 
sider to  be  the  very  best  authority;  it  vias  in  tho  possession  of  an 
officer  recently  returned  from  the  gulf,  Lieut.  Porter. 

Mr.  CALHOUN. — I  have  not  spoken  on  this  subject  without 
taking  pains  to  be  thoroughly  informed.  That  which  the  Senator 
represents  as  a  port,  is  not  a  port;  it  is  an  open  harbor.  If  I 
were  to  name  the  gentleman  on  whose  authority  I  relied,  I  am 
sure  it  would  satisfy  the  Senator.  I  may  name  him — Lieut. 
Maury.  But  this  does  not  touch  the  question.  Let  the  gentle- 
man answer  the  reasons  I  have  assigned  for  the  position  that,  even 
with  Yucatan  in  our  hands,  in  case  of  a  war  with  England  that 
entrance  to  the  gulf  would  be  completely  closed  against  us  in  con- 
sequence of  her  command  of  the  Carribean  sea. 

Mr.  CASS. — I  wdl  ansv/er  very  readily,  .and  I  think  clearly. 
The  coast  on  the  extreme  point  of  Cuba  is  an  excellent  coast,  and 
notwithstanding  the  information  of  Lieutenant  Maury,  I  will  ven- 
ture to  say,  that  there  is  an  excellent  harbor  on  eastern  Yucatan. 
Now,  in  respect  to  the  effect  of  this,  the  gulf  stream  we  all  know 
enters  the  Carribean  sea  between  Cuba  and  Yucatan.  Of  course 
vessels  readily  enter  here,  and  by  the  power  of  steam  will  as  read- 
ily make  their  exit.  With  the  possession  of  the  two  points  on  the 
opposite  side  of  this  channel,  we  can  contend  successfully  against 
any    power.       Tho    narrower    the   channel,    the    greater    will 


-I  said  nothing    about  it.     I  spoke  of  colo- 


bo  our  ability  to  command  the  navigation  of  the  channel.  I 
know  ihat  cruisers  may  come  in  between  Cuba  and  Florida,  but  it 
is  very  difficult  for  them  to  do  so.  I  repeat  that  notwithstanding 
the  information  of  Lieut.  Maury,  or  any  body  else,  there  is  a  har 
bor,  and  an  excellent  one  on  the  coast  of  Yucatan. 

Mr.  CALHOUN  in  reply  stated  that  Great  Britain  already  pos- 
sessed the  command  of  the  entrance  to  the  gulf,  and  that  in  the 
event  of  war  with  her  not  a  single  vessel  of  ours  could  enter. 

Mr.  CASS. — One  moment.  The  distinguished  gentleman  speaks 
of  the  ascendancy  of  England  on  tiie  ocean.  If  that  ascendancy 
is  to  be  guarded  against,  I  trust  that  it  will  be  so  most  effectually 
by  tho  ascendancy  which  we  will  ourselves  acquire.  We  have  had 
a  very  successful  contest  with  her  already,  and  I  do  not  think  wo 
have  reason  to  dread  her  superiority  upon  the  ocean.  But  it  is  our 
interest  to  take  care  that  she  does  not  occupy  positions  surround- 
ing us  like  lines  of  circumvallalion  around  a  fortress.  It  is  our 
duty  to  ourselves,  and  lo  those  who  come  after  us,  to  prevent  this 
if  we  can.  Now,  what  is  clearer,  than  that  a  fine  harbor  on  the 
point  of  Yucatan  would  enable  us  to  command  the  entrance  into 
the  gulf?  It  would  be  of  immense  advantage;  but  give  Great 
Britain  that  position  and  the  point  of  Cuba,  and  she  can  shut  the 
channel  against  us. 

Mr.  CALHOUN. — The  gentleman  says  that  we  must  contend 
with  the  naval  supremacy  of  Great  Britain.  Well,  that  is  a 
great  proposition.  I  do  not  deny  it.  But  that  is  a  different  ques- 
tion altogether  from  the  defence  of  this  passage.  If  the  gentle- 
man aims  at  contending  with  the  naval  supremacy  of  Great  Brit- 
ain, let  him  do  so  in  the  proper  mode.  Let  him  avoid  the  expense 
of  this  Yucatan  war.  Let  him  put  the  navy  into  an  efficient  con- 
dition. If  he  aims  at  commanding  the  American  seas,  let  him  in- 
dulge no  longer  in  his  warlike  entcrprizes,  which  exhaust  the 
means  that  ought  to  be  applied  to  the  support  of  the  naval  force. 

Mr.  CASS. — The  distinguished  Senator  will  pardon  me,  but  I 
do  not  precisely  understand  what  his  views  are  respecting  the  na- 
ture of  re-colonization. 

Mr.  CALHOUN.- 
nization. 

Mr.  CASS. — But  I  desired  to  ask  what  the  Senator's  views  are. 
Will  he  allow  me  lo  ask  him  if  he  considers  Jamaica  a  colony  of 
England? 

Mr.  CALHOUN.— It  is  a  "possession"  of  England. 

Mr.  CASS  — I  should  like  lo  know,  then,  the  meaning  of  the 
word  "colony." 

Mr.  CALHOUN. — How  far  Jamaica  is  a  colony  of  England, 
it  is  not  necessary  to  discuss.  The  expression  in  Mr.  Monroe's 
mess;ige  is  "colonization."  Colonization  is  the  act  of  colonizing, 
or  sendilig  out  inhabitants  to  a  country,  lo  colonize,  to  settle 
peacefully  in  a  country.  I  ask  if  the  conquest  of  a  country  is 
colonization? 

Mr.  CASS. — The  act  of  conquest  is  not   colonization,   but  the' 
moment  you  conquer  and  reduce  a  country  to  subjection,  you  hjve 
a  colony.     The  doctrine  for    which    Mr.    Monroe  contended  was, 
that  European  powers  should  not  plant  colonies  on  this  continent, 

Mr.  CALHOUN.— Should  not  colonize. 

Mr.  CASS. — Very  well  ;  that  they  should  not  colonize.  Mr. 
Monroe  distinctly  disavowed  interference  with  existing  rights. 
What  did  he  mean,  if  colonization  did  not  mean  going  somewhere 
where  they  had  no  right  to  go?  They  could  not  found  any  new 
ones,  if  they  had  not  the  right  to  establish  colonies  in  their  own 
lands. 

Mr.  CALHOUN. — I  shall  restate  the  ease  and  the  gentleman 
may  make  as  much  as  he  pleases  of  it.  The  language  of  Mr. 
Polk  is  this  :  that  obtaining  aid  from  Great  Britain,  Yucatan  may 
tender  her  her  sovereignty,  and  Great  Britain  may  assert  domin- 
ion over  the  country  ;  in  one  word,  connecting  this  expression  with 
the  document  itself,  it  means  that  if  Great  I3ritain  sends  a  force 
there,  and  obtains  the  sovereignty  of  Yucatan,  it  will  be  a  ease  of 
■■'colonization."  Would  it  be  so  ?  Not  at  all.  It  would  be  a  case 
of  tendered  sovereignty,  accepted  by  Great  Britain. 

The  further  consideration  of  the  bill  was  then  postponed  till  to- 
morrow. 

Mr.  FOOTE. — Will  the  honorable  Senator  allow  me  to  ask 
him  a  question. 

Mr.  CALHOUN.— No. 

Mr.  FOOTE.— It  is  quite  immaterial  whether  the  Senator  sub- 
mits to  bo  chatechized  or  not,  as  I  perceive  it  to  be  altogether  an 
easy  task  to  show,  without  the  aid  of  any  response  from  him,  that 
he  has  committed  a  mistake  in  regard  to  the  meaning  of  a  plain 
English  word,  which,  but  for  the  admitted  gravity  of  his  charac- 
ter, would  be  abundantly  amusing.  The  Senator  has  undertaken 
to  attach  a  meaning  to  tho  term  "colonization"  wholly  different 
from  Its  ordinary  acceptation,  and  as  little  justified  by  its  acknow- 
ledged derivation  from  the  original  latin.  Colonia,  in  latin,  meant, 
what  colony  in  English  also  means,  "acompany  or  body  of  people, 
transplanted  from  their  mother  country  to  a  remote  province  or 
country,  to  cultivate  and  inhabit  it,   remaining  subject  to  the  pa- 


632 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Monday, 


rent  country,  or  maintaining  certain  filial  relations  therewilh  in- 
dicative  of  its  oripiin."  According  to  the  Senator,  Yucatan  would 
not  become  a  British  colony  were  the  country  to  pass  into  her  per- 
manent possession  in  the  manner  apprehended  by  many  of  us, 
thoujih  it  shonld  hereaflcr  become  ever  so  densely  peopled  hv  Brit- 
ish settlers,  carryinst  with  them  into  this  new  field  of  colonitil  en- 
terprise, British  institutions  and  British  laws,  and  remaining  under 
the  protection  and  control  ol'  the  parent  nation.  Colonization,  we 
learn  fioin  the  Senator  from  South  Carolina,  now  for  the  first  time 
certainly  with  some  of  us,  can  only  take  place  in  a  region  which 
chances  at  the  time  to  be  utterly  void  of  inhabitants.  If  the  Se- 
nator has  fallen  into  no  error  upon  this  interostmg  point,  then 
will  it  be  very  easy  to  show  that  the  genuine  colonizing 
process  has  never  gone  on  at  all  in  the  world  ;  for,  certainly, 
the  pages  of  authentic  history  furnish  no  account  of  the  mi- 
gration of  any  considerable  number  of  human  beings  from  a 
peopled  country  to  one  destitute  of  inhabitants.  Colonists,  organ- 
izing new  settlements,  have  uniformly  found  themselves  suiroundrd 
by  earlier  inhabitants  of  the  soil,  whether  aboriginal  or  not,  and 
have  been  constrained  either  to  conquer  or  conciliate  the  earlier 
occupants.  Iji  order  to  evade  the  interpretation  affixed  by  the  Se- 
nator from  Michigan  to  the  famous  declaration  of  Mr.  Monroe,  it 
is  evidently  necessary  to  misconstrue  the  term  "colonize"  as  the 
Senator  from  South  Carolina  has  thought  proper  to  do  ;  but  I  warn 
those  who  are  inclined  to  agree  with  him,  that  they  have  first  to 
forget  many  of  the  most  instructive  and  interesting  scenes  in  his- 
tory, both  ancient  and  modern,  to  consign  to  everlasting  oblivion 
Cecrop.',  and  Cadmus,  and  Queen  Dido — the  Grecian  colonies  in  Asia 
Minor  along  the  Thracian  Chersonesus — along  the  borders  of  the 
Euxine — in  Souihcrn  Italy  and  France — in  Africa,  and  the  nu- 
merous isles  which  bespangle  the  Mediterranean,  from  the  most 
easterly  point  of  the  Levant,  even  to  the  pillars  of  Hercules — the 
colonies  of  Genoa,  Venice,  and  Florence — of  Britain,  Spain, 
France,  Holland,  Portugal,  and  Denmark — all  these  we  shall  have 
to  forget  entirely  before  we  can  concur  with  the  Senator  from 
South  Carolina,  touching  the  true  meaning  of  the  term  "colonize." 
We  shall  have  even  to  disregard  the  history  of  our  own  forefathers, 
who  recognized  themselves  as  colonists  of  Great  Britain,  becau.se 
they  came  across  the  Atlantic  under  the  sanction  of  the  mother 
country,  and  for  a  long  time  remained  under-  her  protection.  We 
shall  also  have  to  overlook  the  obvious  fact,  that  there  is  no  part 
of  North  or  South  America  where  Spaniards  have  attempted  to 
colonize,  even  %yhoro  the  famous  "colonial  systein  of  Spain"  has 
been  enforced,  that  was  not  densely  peopled  at  the  period  when 
the  first  European  settlements  were  attempted.  It  is  impossible 
for  the  Senator  to  recover  from  the  hopeless  embarrassment  in 
which  he  has  deliberately  plunged  himself;  either  the  plain  doc- 
trine of  Mr.  Moiyoe  must  bo  utterly  abandoned,  or  Great  Britain 
be  prevented  from  obtaining  footing  and  dominion  in  Yucatan  now 
or  at  any  future  time,  upon  any  pretence  whatsoever. 


VENTILATION   OP   PASSENGER   VESSELS. 

On  motion  by  Mr.  DAVIS,  of  Massachusetts,  the  Senate  pro. 
ceedf'd  to  consider,  as  in  Committee  of  the  Whole,  the  bill  fiom 
the  House  of  Representatives  to  provide  for  the  ventilation  of  pas- 
senger vessels,  and  for  other  purposes. 

The  bill,  having  been  amended,  was  reported  to  the  Senate,  and 
the  amendments  concurred  in. 

Ordered,  That  the  amendments  be  engrossed  and  the  bill  read 
a  third  time. 

The  said  bill  was  read  a  third  time  as  amended. 
lUsoUcd,  That  this  bill  pass  with  amendmeiits. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  the  amendments. 

PRIVATE    BILL. 

On  motion  by  Mr  CAMERON,  the  prior  orders  were  post- 
poned and  the  Senate  proceeded  to  consider,  as  in  Committee  of 
the  Whole,  the  bill  from  the  House  of  Representatives  for  the  re- 
lief of  William  P.  Brady. 

Mr.  ATCHISON  desired  some  reason  for  taking  up  this  bill  at 
this  time,  without  waiting  for  its  regular  turn  when  private  bills 
should  be  considered  ? 

Mr.  CAMERON  explained  that  Mr.  Brady  was  a  poor  man, 
who  had  spent  his  all  in  the  service  of  the  country,  and  that  even 
his  household  goods  were  now  under  execution,  and  in  the  hands 
of  a  constable,  The  pension  granted  him  by  the  bill,  would  be  the 
means  of  saving  him  from  utter  ruin. 

Mr  DIX  desired  to  know  why  the  pension  allowed  in  this  case 
was  greater  than  usual  ? 

Mr.  ATCHINSON,  also,  desired  to  know  how  it  happened  that 
this  case  did  not  come  within  the  general  provisions  of  the  pension 
law? 

Mr.  JOHNSON,  of  Louisiana,  called  for  the  reading  of  the  re- 
port accompanying  the  bill,  which  gives  all  the  particulars  of  the 
case,  and  it  was  read  by  the   Secretary. 

The  bill  was  then  reported  to  the  Senate. 
Ordered,  That  it  be  read  a  third  time. 
The  said  bill  was  read  a  third  time. 

lirsolvcd.  That  this  hill  pass. 

Ordered,  That   the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 
On  motion. 
The  Senate  adjourned. 


May  16.] 


SLAVERY  IN  TERRITORIES. 


633 


TUESDAY,  MAY  16,  1848. 


PROCEEDINGS    OP    THE    PEA  PATCH  ARBITRATION. 

The  VICE  PRESIDENT  laid  before  tlie  Senate,  a  report  of 
the  Secretary  of  the  Senate  communicating  the  reasons  assigned 
by  the  printers  to  Congress  for  the  delay  in  printing  the  proceed- 
ings on  the  Pea  Patch  Arbitration  ;  which  was  read  and  ordered 
to  be  printed. 

PETITIONS. 

Mr.  DIX  presented  the  memorial  of  J.  Howard  St  Son,  praying 
that  the  privileges  allowed  to  American  steamers  trading  to  the 
port  of  Havana,  in  Cuba,  may  be  granted  to  Spanish  steamers 
trading  between  that  port  and  the  United  States  ;  which  was  re- 
ferred to  the  Committee  on  Commerce. 

Mr.  STURGEON  presented  a  memorial  of  citizens  of  Trenton, 
New  Jersey,  praying  the  removal  of  obstructions  to  the  navigation 
of  the  Delaware  river  at  the  Periwig  Shoals  in  that  river  ;  which 
was  referred  to  tue  Committee  on  Commerce. 

Also,  the  memorial  of  William  Greer  and  Company,  praying  the 
patronage  of  the  government  to  a  periodical  publication,  called 
the ''Mirror  of  the  Patent  Office;"  which  was  referred  to  the 
Committee  on  Patents  and  the  Patent  Office. 

Also,  two  memorials  of  citizens  of  Philadelphia,  Pennsylvania^ 
praying  the  construction  of  a  railroad  between  that  city  and  New 
York,  lor  the  purpose  of  facilitating  commercial  intercourse«and 
the  transportation  of  the  mail  ;  which  were  referred  to  the  Com- 
mittee on  the  Post  Office  and  Post  Roads. 

Mr.  BORLAND  presented  a  memorial  of  citizens  of  Arkansas, 
praying  the  purchase  of  Mount  Vernon  by  the  government  ;  which 
was  referred  to  the  Coinmittee  on  Military  Afiairs. 

Mr.  LEWIS  presented  the  petition  of  Elijah  Pratt,  praying 
compensation  for  the  use,  by  the  government,  of  certain  valves,  in 
violation  of  his  patent  right  ;  and  the  purchase  of  his  invention  by 
the  United  Slates  for  the  Pontoneer  service  ;  which  was  referred 
to  the  Coinmittee  on  Military  Affairs. 

ADMISSION  OF  WISCONSIN. 

Mr.  DOUGLAS,  from  the  Committee  on  Territories,  to  whotn 
was  referred  the  bill  from  the  House  of  Representatives  for  the 
admission  of  the  State  of  Wisconsin  into  the  Union,  reported  it 
without  amendment. 

Mr.  DOUGLAS  gave  notice  that  he  will  ask  for  the  considera- 
tion of  this  bill  on  Thursday  next,  as  it  is  desirable  that  it  be 
passed  with  the  least  possible  delay. 

PRIVATE  BILL. 

Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  to  whom  was  referred  the  memorial  of  Samuel  W.  Chil- 
son,  submitted  a  report  accompanied  by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

RECOMMITTAL. 

On  motion  by  Mr.  DOUGLAS,  it  was 

Ordered,  That  the  bill  to  establish  the  Territory  of  Minasota 
be  recommitted  to  the  Committee  on  Territories. 

MESSAGE   FROM   THE   HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives,  by  Mr.  Campbell,  their  Clerk  : 

Mr.  Pre^iitent ;  The  House  of  Repro-ienlatives  ha%-e  passed  the  bill  front  tlie  SeuiiUJ 
to  requirp  the  holders  of  military  land  warrants  to  compensate  the  land  otficers  of  the 
United  States  for  services  in  relation  to  tlie  location  of  those  warrants. 

Thcv  recede  from  their  amendments  to  the  bill  ofthe  Senate  in  amendment  of  an 
act  entitled  "'An  ac.  to  amend  the  act  entiled  'An  act  to  reduce  the  rates  of  postagf , 
10  limit  the  use  and  correct  the  abuse  of  the  franking  privilege,  and  for  the  prevention 
of  frauds  on  the  revenues  of  the  Post  Olfice  Department,'  passed  the  3d  of  March, 
1845." 

Tbey  concur  in  the  amendments  of  the  Senate  to  the  bill  to  provide  for  the  veiiti- 
latioQ  of  passenger  vessels,  and  for  otiier  purposes. 

They  have  passed  bills  of  the  following  titles  ; 

An  act  to  refund  money  for  expenses  incurred,  subsistence  or  transportation  for- 
nislied,  for  th  ■  use  of  volunteers  durtn"  the  present  war,  before  being  mustered  and 
received  into  the  service  of  the  United  States. 

An  act  to  continue,  alter,  and  amend  the  charter  of  the  City  of  Washingto'n,  in 
which  they  request  the  concurrence  of  the  Senate. 

Tiny  have  passe  1  the  bill  of  the  Senate  extending  privileges  to  American  vessels 
engig'ii  in  a  cirtaio  maotionsd  trade  and  for  other  purposes,  with  amendments  ia 
whicli  they  request  thecoacurrea«;e  of  the  Senate. 

SOtu  CoNa.— l3X  Sessiok— >Mo.  80. 


slavery    in    TERRITORIES. 

The  Senate  proeeerled  to  consider  the  following  resolutions  sub- 
mitted by  Mr.  Bagby  on  the  2oth  and  27tii  January  last : 

1.  Prsolvfil,  That ''ongre^s  lias  no  constitutional  power  to  abolish 'or  to  prohibit 
slavery  in  any  State  or  Territory  in  this  Union. 

2.  Ilcnofvud.  That  continest  is  a  legitimate  mode  of  aequirinc  territory,  and  so  rc- 
cojrnized  by  the  laws  and  the  universal  practice  of  civilized  nations. 

3.  liesofved.  That  il'terrilory  is  hereafter  acquired  by  the  United  States,  either  by 
treaty  or  conquest,  it  shall  not  be  competent  for  the  treaty  niakini,'  power  or  Congress 
to  exclude  slavery  from  snch  territory,  either  by  treaty  stipulation  or  by  act  of  Con- 
press;  but  such  territory  .shall  be  equally  free  and  open  to  the  citizens  of  all  the  United 
States,  without  any  liniitation,  prohibition,  or  restriction  in  regard  to  slaves,  or  any 
other  description  of  property  whatsoever. 

4.  ftesolred.  That  neither  the  prople  nor  the  Legislature  of  a  Territory  have  any 
constitutional  jiower  to  exclude  slavery  from  such  territory  ;  and  that  the  people  or 
IjCgislatnre  of  a  Territory  pos>ess  no  other  political  power  thnii  such  as  is  delegated  to 
them  hy  Congress  in  the  act  authorizing  lljem  to  form  a  territorial  government.  And 
inasmuch  as  Con.'iress  has  no  power  o  exclude  or  prohibit  slavery  in  any  Territoiy  of 
the  United  Slates,  they  cannot  delegate  such  a  power  to  the  Legislature  of  a  Territo- 
ry, or  the  people  thereof. 

Mr.  BAGBY  said  that  if  no  Senator  desired  to  discuss  the  res- 
olutions, he  would  ask  for  a  vote  upon  them  now. 

Mr.  BADGER  inquired  if  the  resolutions  were  now  before  the 
Senate. 

THE  PRESIDING  OFFICER  replied  in  the  affirmative. 

Mr.  BADGER  then  remarked  that  there  were  at  present  many 
other  questions  before  the  Senate,  at  lea^t,  of  more  pressing  im- 
portance than  the  resolutions  of  ilie  Senator  from  Alabama.  Be- 
sides, an  opportunity  would  be  affiirdud  of  discussing  the  subject 
matter  of  the  resolution  oil  various  measures,  which  awailcd  the 
action  of  the  Senate;  and  therefore  with  the  highest  respect  for 
the  source  from  which  they  had  emanated,  he  moved  to  lay  the 
resolutions  on  the  table. 

Mr.  FOOTE  asked  the  gentleman  from  North  Carolina  to 
withdraw  his  motion  for  a  moiuent,  in  order  that  he  might  make 
a  single  remark. 

Mr.  BADGER  as'sented  on  condition  that  the  motion  should  be 
renewed  by  the  Senator  from  Mississippi. 

Mr.  FOOTE  then  said  that  he,  among  others,  desired  to  be 
heard  at  full  length,  before  any  action  should  be  taken  on  the  sub- 
ject of  the  resolutions.  In  his  opinion,  it  would  be  proper  to  pass 
the  resolutions  over  for  the  present.  But  should  the  motion  to  lay 
upon  the  table  be  pressed,  he  felt  bound  to  say  that  he  should 
vote  for  it,  because  he  believed  that  no  good,  but  evil  would  result 
from  an  extended  discussion  of  the  subject  at  the  present  time.  He 
w^as  not  prepared  at  this  time  to  assert  authoritatively,  even  what 
might  turn  out  to  be  sound  doctrine  on  this  momentous  subject. 
Measures  of  the  highest  iiractical  moment  require  the  action  of  the 
Senate,  which  would  be  delayed,  and  might  be  embarrassed  by  a 
disoussion  of  the  resolutions.  He  therefore  felt  disposed  to  sup- 
port the  motion  of  the  Senator  from  North  Carolina,  which  ho 
would  renew. 

The  motion  having  been  again  temporarily  withdrawn — 

Mr.  BAGBY  remarked  that  he  had  stated  some  days  ago,  that 
after  the  indulgence  which  he  had  received  at  the  bands  of  the 
Senate,  when  the  resolutions  should  be  called  up,  he  should  not 
•  propose  to  discuss  them,  unless  some  other  Senator  did.  His 
views  were  entirely  difTerent  from  those  of  the  Senator  from  Mis- 
sissippi. He  did  not  believe  that  there  was  any  question  involved 
in  these  resolutions,  in  regard  to  which  the  mind  of  the  Senate 
was  not  as  well  made  up  now  as  could  be  at  any  time  hereafter, 
or  ever.  In  obedience  to  the  pledge  which  he  had  given,  he  would 
not  press  a  vote,  if  any  gentleman  desired  to  address  the  Senate. 
But  if  the  motion  to  lay  upon  the  table  ohould  be  persisted  in,  he 
wished  the  Senate  to  understand  that  ho  should  consider  the  vote 
upon  that  motion  as  a  test  ijuestion  upou  the  principles  involved  in 
the  resolution.     He  asked  far  the  yeas  and  yeas 

BIr.  BADGER  begged  that  the  Senator  vrculd  allow  hiin  to 
make  a  single  remark.  The  Senator  frosa  Alabama  had  said  that 
he  wished  the  vote  upon  the  motion  to  bo  considered  as  a  test  vote. 
That  was  the  very  sense  in  which  ii;  was  intended  that  tue  voto 
should  be  given;  but  it  by  no  means  Ibllowod  that  in  voting  to  lay 
the  resolutions  on  the  table,  any  Senator  pronounced  an  opiniou 
upon  their  subject  matter.  There  were  a  great  many  truths  in 
the  resolutions  in  which  he  himself  believed  moat  tirmly,  but  should 
most  decidedly  object  to  einbody  in  that  form,  for  the  purpose  of 
being  pressed  upon  by  the  Senate.  Withcut  [  ronouncing  any 
opinion  weatever  with  regard  to  the  resolutions — without  saying 
whether  he  had,  or  had  not,  made  up  his  mind  to  any  one  or  all  of 
them,  his  view  in  making  the  motion  was,  that  no  good  could  pos- 
sibly result  from  the  expression  of  the  opinion  of  the  Senate  in  that 
form  upon  the  questions  raised.  It  was  with  that  view  he  mada 
the  motion  to  lay  upon  the  table. 


634 


SLAVERY  IN, TERRITORIES. 


[Tuesday, 


Mr.  FOOTE  remarkod  that  in  consoquenco  of  the  observation 
of  the  Senator  from  Alabama,  that  he  should  consider  this  a  test 
vote,  upon  the  principle  contained  in  the  resolutions,  he  felt  him- 
self entitled  to  a  word  of  explanation.  In  voting  to  lay  upon  tlie 
table  he  could  not  consider  himself  as  voting  agauist  the  resolu- 
tions. The  Senator  from  Alabama  was  at  liberty  to  place  what- 
ever construction  he  pleased  upon  that  vote,  in  the  face  of  this 
explicit  declaration  ;  but  he  believed  that  the  i)ublic  would  hardly 
be  inclined  to  concur  with  him,  in  regarding  that  vote  as  having 
been  given  on  the  subject  matter  of  the  resolutions,  despite  ol  the 
express  and  explicit  announcement  to  the  contrary.  The  Senator 
from  Alabama  seemed  to  suppose  tliat  the  resolutions  could  be 
very  easily  ^cted  upon — that  they  embraced  very  plain  proposi- 
tions— that  they  were  in  fact  so  simple  that  no  gentleman  could 
have  any  difficulty  in  coming  to  a  conclusion  respecting  Ihcm.  The 
gentleman's  conduct,  however,  seemed  to  be  somewhat  at  vari- 
ance with  that  opinion,  for  he  had  made  a  very  elaborate,  ingeni- 
ous, solid,  learned,  not  to  say  convincing,  argument  on  these  very 
resolutions.  Now,  either  the  question  was  not  so  plain,  when  the 
Senator  undertook  its  discussion,  and  he  had  made  them  plain  by 
his  overwhelming  argument  ;  or,  it  was  somewhat  complex  origi- 
nally, and  remained  .so.  At  all  events  he  did  not  regard  the  vote 
upon  the  motion  as  by  any  means  a  test  vote  upon  the  resolu- 
tions. 

Mr.  DICKINSON  also  disclaimed  the  idea  of  the  vote  being  re- 
garded as  a  test.  The  resolutions  were,  to  some  extent,  in  con- 
flict with  those  which  he  himself  had  the  honor  to  introduce  some 
time  since,  although  in  some  points  they  agreed.  He  desired  to 
say  something  upon  them,  before  the  Senate  acted  upon  them,  and 
he  should  therefore  prefer  that  the  resolutions  be  passed  over  in- 
formally, or  laid  upon  the  table  for  the  present. 

Mr.  WESTCOTT.— I  rise  merely  to  say  that  I  object  to  any 
vote  on  an  incidental  question,  and  not  a  direct  vote  on  a  measure 
proposed  being  made  a  test  vote.  I  shall  vote  against  the  motion 
to  lay  on  the  table.  I  shall  do  so  not  merely  because  I  am  in  fa- 
vor of  the  doctrines  advanced  in  these  resolutions,  but  because  I 
regard  a  diflerent  course  the  most  proper  one.  There  are  several 
different  sets  of  resolutions  on  this  subject  before  the  Senate.  One 
set  offered  by  the  Senator  from  New  York,  [Mr.  Dickinson,]  an- 
other set  offered  by  my  colleague,  [Mr.  Yulee,]  and  those  offered 
by  the  Senator  from  Alabama,  [Mr.  Bagby,]  now  before  the  Se- 
nate. The  principles  maintained  in  them,  that  Congress  or  a  ter- 
ritorial legislature  has  no  power  to  prohibit  slavery  m  the  territo- 
ries, it  is  known,  I  contend,  for  as  true.  But  the  phraseology  of 
those  resolutions  does  not  precisely  suit  me.  For  instance,  I  do 
not  like  the  precise  language  of  the  conclusion  of  the  last  resolu- 
tion of  the  Senator  from  New  York,  even  as  modified  at  the  sug- 
gestion of  the  Senator  from  Mississipjn  [Mr.  Foote.]  It  is  am- 
biguous—not explicit  enough — and  it  leaves  the  true  position  to 
deduction  and  mlerenee.  Again,  the  conclusion  of  the  first  resolu- 
tion of  my  colleague  would  be  more  acceptable  to  me,  if,  instead 
of  asserting  that  the  ''people  of  the  several  States"  of  the  confede- 
racy are  the  depositories  of  the  sovereignty  of  the  people  of  a  ter- 
ritory till  their  own  State  government  should  be  established,  if 
modified  so  as  to  declare  that  the  people  of  the  territory  were 
themselves  the  depositories  of  their  own  sovereignty,  but  that  it 
cuuhl  not  be  exercised  by  them  being  in  abeyance  and  dormant 
till  tTieirovvn  State  governments  was  organized,  lor  this  I  conceive 
to  be  the  true  theory.  I  hold  the  American  doctrine  to  be,  that 
all  political  sovereignty  is  inherent  in,  and  springs  from  the  peo- 
ple of  the  local  political  community,  over  whom  such  sovereignty 
is  to  be  exercised.  They  may  be  so  situated  as  not  to  be  able  to 
exercise  it,  but  in  this  country  no  other  authority  can,  for  the  rea- 
son that  it  is  inherent  in  them  alone.  This  is  the  condition  of  the 
people  of  a  territory.  As  to  Congress,  it  has  no  more  right  to  ex- 
ercise such  sovereignty  than  the  legislature  of  an  adjoining  or  any 
other  State.  But  this  discussion  is  perhaps  unnecessary.  The  slight 
variance  in  opinion  between  my  colleague  and  myself  on  this  col- 
lateral point  is  uf  little  consequence,  and  I  candidly  concur  as  to 
the  correctness  of  the  principles  so  ably  sustained  by  him,  as  to  tlic 
main  questions  involved  in  the  resolutions.  As  to  the  resolutions 
of  the  Senatm-  from  Alabama,  now  before  the  Senate,  I  can  vote 
lor  them  cheerfully,  but  they  do  not,  I  think,  go  far  enough,  or  ra- 
ther are  not  full  enough.  1  hope  all  the  resolutions  will  be  refer- 
red to  an  appropriate  committee,  to  report  in  lieu  of  them  others 
carefully  drawn  in  such  terms  that  all  who  sustain  the  leading  doc- 
Irines  can  vote  lor  every  word  of  them.  It  is  difficult  for  an  in- 
dividual Senator  to  draft  a  resolution  that  in  its  terms  will  suit  all. 
I  hope  these  resolutions  will  not  be  laid  on  the  table,  but  will  be 
referred  for  the  object  suggested.  My  chief  object,  however,  in 
rising  was  to  jirotest  against  this  mode  of  making  test  votes. 

Mr.  BAGBY  rose  but  yielded  to 

Mr.  BADGER,  who  had  risen  simultaneously  ;  and  who  said, 
I  now  renew  my  motion  to  lay  on  the  table. 

Mr.  BAGBY  said  that  he  certainly  had  not  yielded  the  floor  for 
the  purpose  of  allowing  the  Senator  from  North  Carolina  to  cut 
him  down.  He  hoped  tlio  motion  would  lie  withdrawn  for  a  few 
moments. 

Mr.  BADGER. — I  will  withdraw  the  motion  if  the  Senator  »c. 
new  it,  and  would  not  withdraw  it. 

Mr.  BAGBY  could  not  promise  to  do  that. 


Mr.  BADGER  said  he  supposed,  then,  he  must  yield  and  with- 
draw the  motion. 

Mr.  BAGBY  then  repeated  that  he  did  not  desird  to  prevent 
discussion  ;  but  on  the  contrary  he  had  stated  that  if  any  Senator 
desired  to  discuss  the  resolutions,  he  should  not  press  them  to  a 
vote  until  the  Senator  had  been  heard.  He  thought  that  the  ob- 
ject of  the  Senator  from  North  Carolina  might  be  accomplished 
by  passing  over  the  resolutions  informally. 

Mr.  BADGER  replied  that  his  express  object  was  to  prevent 
discussion;  and  without  intending  any  disrespect  to  any  gentleman, 
he  would  now  press  his  motion  to  lay  the  resolutions  upon  the 
table. 

Mr.  BAGBY  demanded  the  yeas  and  nays  upon  the  motion  to 
lay  the  resolution  on  the  table,  which  were  ordered,  and  it  was  de- 
termined in  the  affirmative,  as  follows  : 

YE-'VS— Messrs.  Allen,  Atchison.  Atherton.  Badger,  Benton,  Breese,  Biigiit, 
Cass,  Clarke,  Clavton.  Dickinson,  Dix,  Felch,  Foote,  Greene,  Hanoegan,  Johnson, 
ol'  Lonisiana.  Miller.  Moor,  Niles,  Rnsk,  Sturgeon,  Underwood,  and  Upham— S4. 

N.W'.S — Messrs.  Bagby,  Calhoun,  Davis,  of  Mississippi,  Hunter,  Lewis,  Mason, 
Turney,  Westcott,  and  V'ulee— 9. 


So  the  resolutions  were  laid  on  the  table. 

JOHN    MITCHELI.. 

On  motion  by  Mr.  UPHAM,  the  prior  orders  were  postponed, 
and  the  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  from  the  House  of  Representatives  for  the  relief 
of  John  Mitchell. 

Mr.  UPHAM  successively  stated  the  circumstances  in  which  the 

bill  had  originated. 

Mr.  BREESE  objected  on  the  ground  that  the  petitioner  had 

not  been  in  the  service  of  the  United  States. 

Mr.  UPHAM  explained  that  the  petitioner  at  the  time  when 
the  accident,  by  which  he  had  been  mutilated,  occurred,  was  act- 
ing under  the  orders  of  an  officer  in  the  army  of  the  United  States. 
It  was  in  firing  a  national  salute  at  the  city  of  New  Orleans  that 
the  accident  had  happened  to  this  individual.  Pensions  had  been 
frequently  granted  in  similar  cases,  without  any  objection  being 
made.  Had  this  individual  been  a  soldier  or  a  sailor  in  the  ser- 
vice of  the  United  States  :  and  his  case  had  come  regularly  within 
the  pension  laws,  there  would  have  been  no  need  of  legislation  in 
his  favor.  He  hoped  that  noobjection  would  be  made  to  the  bill  for 
the  relief  of  this  unfortunate  man. 

Mr.  BRIGHT  knew  nothing  of  the  particular  merits  of  the  bill 
except  from  what  he  had  derived  from  a  reading  of  the  report  ; 
and  unless  he  misunderstood  that  report,  there  was  nothing  in  it 
tending  to  show  that  the  petitioner  had  been  at  all  connected  with 
the  United  Stales.  In  his  opinion,  the  passage  of  the  bill  would 
be  a  pernicious  precedent,  under  which  persons  injured  by  acci- 
dents in  celebrating  political  victories — accidents  which  frequently 
occurred — might  appeal  to  Congress  for  relief. 

Mr.  JOHNSON,  of  Louisiana,  remarked  that  it  appeared  from 
the  report,  that  when  the  accident  occurred,  the  petitioner  was 
employed  on  board  the  United  States  steamship  Alabama. 

Mr.  BREESE  said  that   he  did   not  know   there  was  any  such 

vessel  in  the  service  of  the  United  States. 

Mr.  JOHNSON  stated  that  the  Alabama  had  been  chartered  by 
the  government. 

Mr.  DIX  suggested  that  as  the  morning  hour  had  expired,  and 
as  the  principle  involved  in  the  bill  appeared  to  be  a  new  one,  re- 
tjuiring  some  deliberation,  the  bill  should  be  passed  over  infor- 
mally. 

Ordered,  That  the  further  consideration  of  the  bill  be  postponed 
until  to-morrow. 

NAV.II,   PENSIONS. 

On  motion  by  Mr.  YULEE,  the  prior  orders  were  postponed, 
and  the  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  renewing  certain  naval  pensions  for  the  term  of 
five  years,  and  extending  the  benefits  of  existing  laws  respecting 
naval  pensions  to  engineers,  firemen,  and  coal-heavers  in  the  navy, 
and  to  their  widows. 

Mr.  YULEE  submitted  an  amendment  to  the  bill,  which  was 
agreed  to  ;  and  the  bill  was  then  reported  to  the  Senate,  and  the 
amendment  was  conciured  in. 

Ordered,  That  the  bill  be  engrossed  and  read  a  thu'd  time. 

The  said  bill  was  read  a  third  time.. 

Resolved,  That  it  pass,  and  Uial  the  title  thereof  he  as  aforesaid.  ) 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

DEFERRED  NOMINATIONS. 

The  Senate  resumed  the  consideration  of  the  resolution  submit- 
ted by  Mr.  Johnson,  of  Maryland,  on  the  28th  ult.  respecting  ap- 
pointments by  the  President  during  the  recess  of  the  Senate  ;  and 

On  motion  by  Mr.  ALLEN,  it  was 

Ordered,  That  the  fttxtber  considetfttion  thereof  b»  postponed 
until  Thursday  next. 


May  16.] 


TEMPORARY  OCCUPATION  OP  YUCATAN, 


635 


INDIANA  STATE  BOKDS. 

On  motion  by  Mr.  BRIGHT,  the  prior  orders  were  postponed, 
and  the  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  authorizing  the  Secretary  of  War  to  surrender 
certain  bonds  of  the  State  of  Indiana,  held  by  the  ITnited  States, 
to  the  agent  of  State,  for  said  Slate  of  Ijidiana. 

The  amendments  reported  from  the  Committee  on  Finance  were 
agreed  to. 

Mr.  CLAYTON  said  the  bill  directed  the  Secretaries  of  War 
and  of  the  Treasury,  to  surrender  to  the  a^ent  of  the  State  of  In- 
diana, bonds  of  that  State,  amounting  to  $265,.')49  53,  being  the 
principal  and  interest  due  them — these  bonds  being  held  in  trnst 
for  the  Chickasaw  and  other  Indians.  The  bill  also  direciod  the 
Secretaries  to  receive  in  lieu  of  the  sum  due  the  new  stocks  pro- 
posed to  be  issued,  tunter  the  act  of  the  h^gisUituro  tif  Indiana,  o( 
January  Kith,  l'S4<),  and  a  supplement  passed  January  27,  1^17. 
The  value  of  the  stocks  to  be  rai.sed  in  lieu  of  the  bonds  held  now 
by  the  government  in  trust  for  the  Indians  may  lie  understood  only 
by  reference  to  the  legislature  of  Indiana. 

It  was  undoubtedly  a  wretched  precedenl  set  by  the  govern- 
ment, to  invest  the  money  of  these  Indians  in  Stale  bonds.  The 
bonds  were  bought  at  par.  No  interest  has  been  paid  on  them 
since  the  1st  July,  1812.  The  Indians  must,  or  ought  to  receive 
the  whole  sum  from  the  government,  and  the  United  States  ought 
not  to  bear  any  loss  that  may  arise  from  the  investment.  It  was 
a  better  speculation,  however,  than  the  Arkansas  interest  of  the 
Smithsonian  legacy. 

If  the  documents  submitted  to  them  were  entitled  to  confidence, 
the  State  of  Indiana  had  done  every  thing  in  her  power  to  settle 
her  debts  on  the  best  terms  for  her  creditors.  Her  public  and  do- 
mestic debt  was  stated  at  |1.5, 271,250,  besides  the  sum  secured 
by  State  bank  bonds.  By  the  acts  of  her  legislature  referred  to, 
she  has  created  new  stocks  to  pay  the  debt — one-half  to  be  paid 
by  new  State  bonds,  and  the  other  half  by  Wabash  and  Erie  canal 
stock.  The  European  creditors  of  Indiana  have  yielded  their  as- 
.sent  to  this  new  arrangement,  and  many  other  creditors  residing  in 
this  country  have  done  the  same.  They  consider  it  the  best  that  can 
be  made  for  the  creditors  of  the  State,  and  I  am  quite  satisfied 
they  are  right  in  that  opinion.  The  State  can  certainly  pay  five 
per  cent,  on  one  half  her  debt,  and  the  great  Wabash  and  Erie  ca- 
nal when  completed,  will,  if  the  opinion  of  the  engineer's,  who 
have  estimated  its  value  be  correct,  eventually  pay  the  other  half. 
At  any  rate,  this  is  the  best  bargain  the  government  can  now  make, 
and  I  am  strongly  induced  to  support  the  bill,  by  the  fact  that  the 
refusal  of  this  government  to  accede  to  the  arrangement,  would 
jeopard  a  measure  eminently  calculated  to  sustain  the  sinking 
credit  of  one  of  the  sovereign  States  of  this  Union,  and  to  save  her 
from  the  stain  of  repudiation.  All  the  States  are  deeply  interested 
in  saving" her  credit,  and  she  is  now  making  a,  noble  efl'ort  to  up- 
hold it.     I  hope  the  bill  may  pass. 

Mr.  BRIGHT.— The  effect  of  this  bill  is  nothing  more  nor 
less  than  to  grant  an  extension  of  time  to  the  State  of  Indiana. 
There  is  nothing  in  the  bill  which  can  be  construed  into  the  grant 
of  a  gratuity  to  that  State.  She  is  unable,  at  present,  to  pay  her 
debt,  but  is  honest  and  anxious  to  pay  it.  She  believes  that  by  the 
operation  of  that  act,  transferring  one-half  the  debt  to  the  Wabash 
and  Erie  Canal,  she  will  be  able,  in  twenty  years,  to  liquidate 
her  entire  indebtedness. 

The  eight  hundred  thousand  acres  of  land  heretofore  given  by  the 
general  government  will  enable  the  Slate  to  complete  the  canal; 
and  when  completed,  it  will  doubtless  pay  a  fair  interest  upon  the 
investment.  The  presumption  is,  that  it  will  bo  worth  all  that  it 
.  has  cost.  If  the  least  reliance  can  be  jil.aecd  upon  the  estimates 
whieh  have  been  m.ade,  that  will  be  the  result.  Provision  is  thus 
made  for  the  payment  of  one-half  of  the  debt;  the  other  half  it  is 
proposed,  shall  bo  paid  by  direct  taxation;  and,  according  to  our 
estimate,  founded  upon  the  present  basis  of  taxation,  tharindobt- 
edness  will  be  liquidated  by  the  year '70  or  71.  If  the  Indians 
for  whom  these  bonds  were  purchased,  should  need  the  money  be- 
tween the  present  time  and  that  period,  it  is  possible  that  the  gen- 
eral government  will  be  called  upon  to  step  forward  and  liquidate 
the  debt;  but  with  the  full  assurance  that  by  the  time  I  have  men- 
tioned sho  would  be  fully  reimbursed.  The  question,  however,  is 
whether  the  general  government  is  not  as  much  interested  in  the 
reputation  of  the  several  States,  as  it  is  in  sustaining  its  own  credit, 
Indiana,  in  consequence  of  an  unfortunate  movement,  became  in- 
volved in  great  pecuniary  embarrassment,  and  was  not  able  to 
meet  her  obligaiions.  But  she  is  unwilling  to  repudiate.  She  is 
anxious  to  discharge  her  obligations;  and  in  order  to  aid  her  in 
fulfilling  this  cherished  desire,  she  asks  the  snrrender  of  these  bonds, 
on  the  terms  proposed  by  the  bill.  Nine-tenths  of  the  private 
creditors  of  the  State  have  accepted  the  terms  of  the  act  read  by 
the  Senator;  and  that  affords  satisfactory  evidence  of  the  just  and 
equitable  character  of  the  proposed  arrainremcnt. 

The  bill  was  then  reported  to  the  Senate,  and  the  amendments 
were  concurred  in. 

Ordered,  That  the  bill  be  engrossed  and  read  a  third  time. 
The  said  bill  was  read  a  third  time, 
R'Siilml.  Tli.1t  it  pass,  ami  tliat  tlie  title  thereof  be  as  albresaiil. 

Ordered  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 


ADVANCES    FOR    VOLUNTEERS. 

The  bill  Irom  the  House  of  Representatives  to  refund  money  for 
expenses  incurred,  subsistence  or  transportation  furnished,  for  the 
use  of  volunteers  during  the  present  war,  before  being  mustered 
and  received  into  the  service  of  the  United  States,  was  read  the 
first  and  second  times,  by  unanimous  consent,  and  referred  to  the 
Committee  on  Military  Afl'airs. 

CHARTER    OK    THE    CITY    OK    WASHINGTON, 

The  bill  from  the  House  of  Representatives  to  continue,  alter, 
and  amend  the  charter  of  the  city  of  Washington,  was  road  the 
first  and  second  times,  by  unanimous  consent, 

Mr,  MILLER  asked  that  this  bill  be  now  considered,  without 
the  formality  of  a  reference,  it  being,  in  cfTeel,  the  same  bill  that 
had  already  been  reported  from  the  Committee  on  the  District  of 
Columbia. 

Mr,  HANNEGAN  had  no  objection  to  this  course,  provided  it 
was  understood  that  no  debate  would  arise. 

The  Senate  then  proceeded  to  consider  said  bill,  as  in  Commit 
tee  of  the  Whole, 

No  amendment  being  made,  the  bill  was  reported  to  the  Senate, 

Ordered,  That  it  pass  to  a  third  reading. 

The  third  reading  of  the  hill,  on  this  day,  being  objected  to  by 
Mr,  Atherton,  it  was,  under  the  rule,  postponed  until  to-mor- 
row, 

NEW  YORK  AND  NEW  ORLEANS  STEAMERS, 

The  Senate  proceeded  to  consider  the  amendments  made  by 
the  House  of  Representatives  to  the  bill  extending  privileges  to 
American  vessels  engaged  in  a  certain  mentioned  trade,  a"nd  for 
other  purposes;  and 

On  motion  by  Mr.  Dl.X,  it  was 

Ordered    That  they  be  referred  to  the  Committee  on  Commerce. 

THE    YUCATAN    BILL. 

The  Senate  resumed  the  consideration,  as  in  Committee  of  the 
Whole,  of  the  hill  to  enable  the  President  of  the  United  States  to 
take  temporary  military  occupation  of  Yucatan. 

Mr.  BAGBY. — In  the  discussion  of  this  measure,  two  points 
have  been  made,  upon  the  establishment  of  either  of  which,  it  is 
deemed  proper  by  some  of  those  who  are  in  favor  of  the  measure, 
that  it  should  he  adopted. 

The  one,  sir,  is  the  point  of  humanity,  and  the  other  is  the  great 
point  of  public  policy.  In  regard  to  the  first  I  have  but  little  to 
say;  for,  however  much  I  may  be  in  favor  of  this  great  and  enno- 
bling quality  of  the  human  soul,  whieh  is  allied  to  laith  and  hope, 
and  is  said  to  be  greater  than  cither,  I  do  not  consider  that  in  my 
capacity  as  a  legislator ,a  representative  or  a  statesman, I  have  any- 
thing to  do  with  dispensing  charity.  I  shall,  therefore,  in  the 
views  which  I  propose  to  submit  in  regard  to  the  measure  which 
is  now  pending  before  the  Senate,  place  the  position  whieh  I  in- 
tend to  assume  mainly  on  the  ground  of  policy, 

I  do  not  believe — and  I  never  have  believed — although  there  are 
a  great  many  precedents,  and  of  the  very  highest  authority,  to 
show  that  this  o-overnment  has  authority  to  assume  the  province 
of  a  great  Almoner,  though  a  man  in  his  individual  capaci- 
ty may  go  to  the  utmost  extent  to  which  his  feelings  of 
humanity  and  benevolence  may  prompt  him.  Upon  the'qnes- 
lion  of  policy  involved  in  this  bill  now  peudins,  I  have  clear 
distinct,  and  decided  views;  and  whether  I  shall  be  able  to  refer 
those  views  to  anything  that  has  been  done  in  the  previous  action 
of  this  government  or  not,  I  believe  that  a  ease  has  occurred,  and 
that  the  time  has  arrived,  when  it  becomes  necessary  and  proper 
for  the  government  of  the  United  States  to  assume  a  substantial, 
immovable,  position  in  regard  to  this  question,  I  have  said  that 
I  shall  not  discuss  this  question  upon  the  great  principle  of 
humanity;  but  if  I  should  be  able  to  satisfy  the  Senate  ihat 
that  principle  can  be  best  preserved  and  maintained  by  pur- 
suing the  course  pointed  out  by  a  sound  and  enlightcd  policy, 
I  shall  derive  from  it  an  addiional  argument  in  favor  of  the 
adoption  and  pursuit  of  that  course  svhieh  I  think  the  Senate 
should  on  this  occasion  adopt,  I  have  been  somewhat  struck 
with  the  view  which  seems  to  be  taken  of  the  manner  in  whieh  the 
question  came  before  the  Senate.  It  has  been  mainly  discussed  on 
what  is  understood  to  be,  and  what  is  asserted  to  be,  the  recom- 
mendation of  the  President  of  the  United  States.  Judging  from 
the  tenor  of  the  message,  the  President  does  not  seem'to  be  act- 
ing under  that  branch  of  his  power  in  regard  to  this  subject,  which 
authorizes  and  enables  him  to  recommend  certain  measures  for  the 
adoption  of  Congress;  but  under  the  other  branch  of  his  power, 
which  makes  it  his  duty  from  time  to  time  to  communicate  to  the 
Senate  such  inlormation  as  he  may  deem  proper  in  regard  to  the  in- 
terests of  the  Union.  This  message,  which  has  been'so  much  dwelt 
upon,  and  especially  by  my  honorable  friend  from  Massachusetts, 
contains  no  recommendation  from  the  Executive;  but  it  simply 
communicates  the  information  in  his  possession,  and  very  properly 
asks  Congress  to  determine  what  course,  under  the  circumstances 
of  the  case,  it  is  proper  to  adopt.  There  is  no  recommendation, 
whatever,  in  the  message.  There  is,  it  is  true,  the  assertion  of  a 
great  principle  of  policy,  clear  and  distinct.  The  prmciple  of  hu- 
manity is  asserted,  which  docs  credit  to  the  chief  magistrate,  and 


636 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


fTuESDAY, 


■  to  every  man  in  the  Union.  There  is  not  a  more  praiscwortny 
motive  tliat  can  actuate  man.  But  on  neirher  the  principle  of 
humanity,  nor  on  that  of  poliey,  does  the  President  malce  any  re- 
qiiisiiion  upon  Congress.  Eniirely  the  reverse;  for.  afier  com- 
niunifaiina  the  facts,  he  says,  in  the  coneluiling  paragraph  of  the 
iness;ige,  ihat  he  submits  it  to  the  nisdom  of  Congress  to  do  that 
which  may  be  necess  rv  in  the  premises. 

I  ihccefore  shall  nol  discuss  lliis  quesiion  as  one  emanating  fr  m 
the  Executive,  either  for  one  purpose  or  the  other;  but  I  shall  take 
the  information  imparled  lo  this  body  by  the  President,  for  pre- 
cisely what  It  is  worth,  and  noihing  more.  Thre  is  no  recommen- 
dation— I  here  is  nn  pnintinn  out  of  any  particalar  course  of  action 
for  Congres-s  to  piusue.  Taking  the  course  of  a  ■wi.-e  statesman, 
occupyiuL'  the  positinn  he  does,  he  says  that  in  regard  to  this  slate 
in  winch  Yncaian  is  placed-  I  have  received  certain  infnrmatinn, 
and  that  informaiinn  I  cominuincate  to  Congress,  and  I  sidnnit  to 
their  wisdom  to  take  such  action  as  they  deem  prope.  under  the 
circumstances.  This,  then,  1  take  it  for  granted,  is  the  question 
now  to  be  considered,  what  is  it  proper  for  Congress  to  do,  consid- 
ering the  deplorable  stare  of  Yucatan — considering  the  present 
situation  of  the  United  Stales  and  considering  the  present  condition 
of  the  whole  world. what  is  the  proper  course  for  Congress  to  pursue 
in  regard  to  Yucatan?  Well,  some  one  who  is  more  in  the  habit  of 
arriving  at  conclusions  ihan  1  am,  may  come  to  a  different  one, 
but  from  the  moment  that  this  message  was  submitted  to  the  Sec- 
ale.  I  had  no  doubt  as  to  the  course  proper  for  Congress  to  pursue 
in  regard  to  it.  In  arriving  at  this  conclusion,!  endeavored,  as 
far  as  possible,  to  look  at  all  the  causes  which  should  prompt  us  to 
act,  and  at  all  the  consequences  which  would  follow  from  our  action. 
I  shall  not  atreinpt  to  place  this  question  upon  the  doctrine  ad- 
vanced by  Mr.  Monroe  a  quarter  of  a  century  ago,  because  I  do 
not  think  that  that  doctrine  sustains  the  course  which  it  is  pro- 
posed that  the  United  Slates  shall  lake,  neither  do  I  think  ihat 
It  forbids  it.  I  think  it  is  entirely  separate  and  apart  from  it. 
What  is  the  doctrine  advanced  by  Mr.  Monroe,  and  by  the  bye,  I 
must  here  be  permitted  to  say,  th,.t  the  doctrine  has  been  to  some 
extent,  miscalled  the  doctrine  of  Mr.  Monroe,  or  his  cabi- 
net.  Neither  Mr.  Monroe,  or  any  member  of  his  cabinet,  ever 
conceived  this  doctrine  originally.  It  originated  in  a  discussion 
which  took  pl.Tce  at  a  distance  of  more  than  three  thousand 
miles  from  the  seat  you  now  occupy.  At  the  time  it 
was  first  suggested,  questions  of  grave  import,  not  only  to 
the  government  of  this  couniry,  but  more  interesting  to  the 
government  of  the  country  in  which  the  discussion  took 
place,  on  the  other  side  of  the  Atlantic.  The  highly  re- 
spectable, most  judicious,  and  to  flo  him  no  more  than  justice,  I 
may  sav.  disiincuislsed  minister  of  this  country,  at  the  court  of  St. 
James. [Mr. Rush]  inhis-ccnvcrsai-ions  and  correspondence  with  Mr. 
CanniuL'.  first  conceived  the  idea  upon  vi'hich  the  doctrine  is  found- 
ed. The  question,  so  far  as  Mr.  Rush  representing  the  American, 
and  Mr.  Canning  the  British  government  were  concerned,  was 
simply  this  :  What  course  was  it  proper  for  the  two  goveriimenis 
to  pursue  in  recard  to  the  niimernus  South  American  republics 
that  about  that  time  sprang  into  existence?  Tlie  ministers  of  both 
countries  were  occupied  with  the  consideration  of  what  would  be 
best  ibr  the  commercial  interests  of  their  respective  countries. 
And  if  you  will  trouble  yourself  to  read  the  correspondence,  you 
will  see  that  the  American  minister  at  London,  in  1S23,  months 
prior  to  the  pnimiilgiuion  of  the  doctrine  here,  planted  himself 
iipiin  thai  jiisr,  and  I  ho|ie  eternal  foundiition,  on  which  tlie  aflairs 
of  the  United  .Males,  I  trust,  will  always  be  conducted.  Looking 
througli  the  political  telescope,  he  saw  that  these  South  Aineri- 
can  governments  were  about  to  commence  a  career  which  would 
prove  to  be  of  more  or  less  advantage  to  our  own,  and  to  the  im- 
provement of  the  political  and  social  condition  of  mankind.  He 
sad  this  is  a  new  question,  we  cannot  depart  from  the  principles 
laitl  down  at  the  origin  of  this  government.  We  must  see  to  what 
the  establishment  of  these  republics  must  lead.  On  the  other 
hand,  Mr.  Canning  wauled  to  see  how  far  their  establishment 
would  go  to  ntl'ect  Briiish  inierests  in  particular,  and  the  policy  of 
Europe  and  the  Holy  Alliance.  It  is,  therefore,  a  mistake  to  trace 
the  doctrine  back  to  Mr.  Monroe.  But,  we  must  do  justice  to  all 
in  an  inquiry  of  this  nature.  After  the  main  points  had  been 
well  discussed,  well  matured,  and  distinctly  understood,  Mr.  Rush 
communicated  to  this  government  the  course  that  England  was 
disposed  lo  pursue,  and  ihc  great  question  arose,  whether  it  would 
he  safe  and  prudent  for  England  anil  the  United  States  to  take 
the  lead  in  settling  the  poliey  proper  to  bo  pursued  in  reference  to 
the  South  American  lepublics.  I  mention  these  facts,  not  for  the 
purpose  of  del racting  from  Mr.  Monroe,  or  any  member  of  his 
cabinet,  but  of  doing  justice  to  all  men,  of  all  parlies,  and  placing 
it  on  the  true  ground  where  it  must  always  stand.  I  have  a  word 
to  say  in  regard  to  tlic  pol  cy  of  Mr.  Monroe,  as  it  has  always  been 
tindr'rstood.  That  the  pulicy  is  founded  upon  the  soundest  princi- 
ples of  expediency,  I  have  not  now.  nor  have  I  ever  entertained 
the  slightest  doubt.  But  the  policy  of  Mr.  Monroe,  except  in  ex- 
treme cases,  is  not,  and  never  can  be  the  lighting  policy  of  this 
country.  It  is  a  iloctrino  which  diplomalicaily  you  may  contend 
for,  but  I  feel  as  well  assured  as  I  do  of  any  fact,  that  it  is  a  pol- 
icy, which  except  in  extreme  cases,  it  will  not  do  to  fi"ht  for. 
What  is  the  policy  as  it  seems  to  be  understood  here  ?  It  is  this  : 
That  il  in  regard  to  colonization — allhouah  I  shall  not  go  into  a 
critical  examination  of  the  meaning  of  the  term — that  if  in  re- 
gard to  the  question  of  colonization  on  this  conlinent,  if  the  inte- 
rests of  the  United  Slates  should  come  into  condict  with  the  inte- 
rests of  another  nation,  therefore,  the  United  Stales  in  pursuit  of 


this  poliey,  must  assert  the  doctrine  laid  down  in  Mr.  Monroe's 
message  in  1823,  and  if  necessary,  they  must  fight  to  maintain  it. 
Well,  sir,  anxions  as  I  am,  I  hope  to  guard  the  interests  of  the 
United  Stales  at  home  and  abroad.  I  never  can  acree,  that  if  a 
question  should  grow  out  of  the  diplomatic  or  political  relatir  ns  of 
any  two  countries  of  the  world,  and  as  in  the  case  I  have  sup- 
posed, it  should  become  necessary  for  the  governmeut  of  the  Uni- 
ted States  to  say — however  necessary  it  may  be  upon  principles  of 
expediency  to  acquire  Yucatan  or  any  other  country,  which  a  gov- 
ernment of  Euiope  might  desire  to  obtain,  I  would  not  say,  I  cnuld 
not  say.  because  I  do  not  believe,  that  the  government  ol  the  Uni- 
ted States,  except  in  a  case  where  it  would  be  necessary  for  its 
own  preservation,  would  be  justified  in  going  to  the  lull  extent  of 
the  doctrine  laid  down  in  Mr.  Monroe's  message,  and  contended 
for  now.  Sir,  treaties  are  but  bargains,  or  contraels.  The  only 
dilTerence  betwee.i  a  treaty  and  all  other  bargains  or  contracts  is, 
that  ordinarily  bargains  are  made  by  individuals,  but  that  a  treaty 
is  neither  more  nor  less  than  a  contract  or  barcain  between  na- 
tions. Well,  suppose  the  ease  to  occur,  that  Great  Britain  and 
the  United  States  both  desire  to  possess  a  tract  of  couniry, 
territory,  province,  or  colony,  or  by  whatever  name  you  please  to 
call  it.  I  take  it  for  granted  that  nations  are  like  individuals — if 
they  have  the  power  to  make  treaiies,  ihey  have  the  power  to  en- 
force them.  And  suppose  that  Mexico  should  prefer  selling  this 
province  of  Yucatan  to  England,  is  there  any  principle  of  national 
law,  is  there  any  principle,  of  justice,  or  morality  which  would 
prevent  them  from  doing  so?  I  put  the  question  to  lawyers,  to 
judges,  to  politicians,  to  statesmen.  Can  there  be  but  one  an- 
swer ?  Are  the  parties  able  to  canlract,  do  they  contract,  and  are 
all  the  elements  present  necessary  for  entering  into  a  contract  ? 
If  so,  the  contract  must  be  valid.  It  is  eompeient  for  you,  merely 
because  you  desire  lo  have  the  benefit  of  the  contract,  to  say  that 
it  shall  not  be  made  with  any  other  nation,  or  if  made,  it  shall  not 
be  binding.  An  honorable  friend  [Mr.  Breese]  makes  a 
suggestion  which  comes  to  the  same  thing.  The  mailer 
must  be  capable  of  being  contracted  for.  That  does  not 
alter  mj  position  at  all,  because  I  hold  that  this  gov. 
ernment,  where  they  are  not  limited,  has  ihe  power  to  con- 
tract. Arbitrary  governments  aiwavs  have  possessed  and  exer- 
cised that  power,  and  this  government  has  also  the  power,  and  I 
think  has  a  right,  to  do  it.  I,  however,  do  not  place  my  advocacy 
of  this  bill  upon  that  ground  at  all,  because  I  do  n"t  think  the  ap- 
plication of  the  doctrine  at  all  necessary.  I  do  not  go  at  all  into 
the  constitutional  question.  In  regard  to  the  doctrine  laid  down 
in  Mr.  Monroe's  message,  we  have  a  right  to  do  this  or  not,  as  we 
please.  I  put  it  upon  that  principle.  There  is  a  lime  in  the  af- 
fairs of  men,  and  in  that  of  governments,  too,  when  it  is  proper  to 
act,  and  if  I  had  been  casting  about  for  a  state  of  affairs,  in  which 
the  government  of  the  United  Slates  wen-  at  liberty  to  do  the  very 
thing  which  they  are  called  on  to  do  by  this  bill,  that  stale  of  af- 
fairs exist  more  emphatically  now  in  regard  to  the  jiroposition  be- 
fore the  Senate,  than  it  ever  has  in  regard  to  anv  quesiion  of  the 
same  character,  and  I  think  I  may  go  further  and  say,  than  it  ever 
will  in  regard  to  any  question  that  can  arise  herealter.  The  cir- 
cumstances of  the  case  make  it  eniirely  appropriate.  Now,  sir, 
I  do  not  pretend  to  apprehend — I  should  be  uncandid  if  I  should  do 
so — any  great  danger  from  Briiish  interference;  but  at  the  same 
time  that  I  make  this  admission.  I  cannot  be  blind  to  the  |)resent 
position  of  Great  Britain,  nor  to  the  fact  that  she  has  at  all  times, 
and  on  all  occasions,  manifested  an  eager  and  elmost  irrepressible 
desire  to  extend  her  dominions,  and  that  the  lion's  paw  was  ready 
to  grasp  wherever  there  was  a  probabiliiy  of  making  a  successful 
seizure.  It  is  for  the  purpose  of  avoiding  the  state  of  things  which 
might  arise  Irom  this  desire  on  the  part  of  Great  Britain,  to  seize 
upon  that  which  ^properly  does  not  belong  to  her,  that  1  maintain 
that  this  is  the  appropriate,  the  chosen  time  for  doins  Ihat  which 
this  measure  proposes  to  dc.  The  great  danger  apprehended  by 
the  honorable  Senator  Irom  Massachusetts — and  I  always  listen  to 
the  views  of  that  honorable  Senator  with  pleasure,  however  much 
I  map  be  compelled  lo  differ  Irom  him — was  that  we  might  by  pur- 
suing this  policy,  perchance  become  involved  with  one  of  the  most 
powerful  nations  on  earth.  What  would  Mexico,  or  the  Indians 
of  Yucatan  be  as  enemies,  compared  wiih  Great  Britain.  My  great 
reason,  so  far  as  prudential  cnnsiderations  arc  concerned,  lor  advo- 
cating this  measure  is,  tliat  we  now  have  an  opportunity  of  car- 
rying it  out  without  the  danger  of  coming  in  contact  with  any  power 
on  the  face  of  the  earth,  or  of  opening  the  temple  of  Janus  at  all. 
1  know  that  my  honorable  friend  mii^t  appreciate  and  undersiand 
t'  e  present  condition  of  Eurojie.  Ho  must  be  aware  that  Great 
Britain  is  not.  at  this  time,  in  a  situation  lo  spare  any  forces  for 
conquest  on  this  continent  ;  or,  in  fact,  to  attend  to  any  other  af- 
fairs than  lier  own.  Then,  I  ask  my  honorable  friend,  whether 
his  objections  to  this  measure,  being  the  danger  of  collision  with 
Great  Britain,  and.  if  I  can  show  him,  that  there  is  less  danger  of 
that  collision  now  than  at  any  forme,  time,  and  in  all  human  prob- 
ability than  there  wiM  he  at  any  future  limo — I  ask  1  im  win-ther, 
as  far  as  this  consideration  is  concerned,  this  is  not  the  appropriate 
ai.d  chosen  time  for  the  gjvernmeni  of  the  United  Stales  to  act. 
Sir,  it  is  elevating  to  man,  it  is  elevating  to  a  government  to  talk 
about  great  principles  of  morality  and  public  virtue,  and  all 
those  things  which  furnish  the  highest  emhcllisliment  of  private 
character,  but  every  man,  sir,  at  yuur  lime  of  lile,or  mine,  or  ihat 
of  the  Senatiu-  from  Massachuseits,  must  know  ihai  governments 
and  men  must  be  more  or  less  the  creatures  of  circuinstauecs. 
The  opinions  of  some  of  iho  old  philosophers  was,  thai  man  was 
but  a  bundle   of  circumstances  ;  that   man  bad   no  separate,  dis- 


May  16. J 


TEMPORARY  OCCUPATION  OF  YUCATAN! 


637 


tinct.  independent,  substantive  existence,  but  was  a  mere  bundle 
of  circumstances.  Unless,  therefore,  tliis  thing  be  radically  and 
fund.tmenially  wron<T  in  itself,  I  ask,  have  circumstances  ever 
arisen,  or  will  circumstances  ever  arise,  in  which  it  would  be 
safer  for  the  government  of  the  United  Stales  to  do  that  which  is 
proposed  to  be  don  ■  by  the  bill  now  un^^er  consideration.  I  do  not 
put  it  upon  Mr.  Monroe's  policy,  nor  upon  the  policy  of  any  body 
else,  but  upon  the  mere  fact,  that  this  seems  the  ;ippiopriate  time 
when  t'^e  thins  should  bo  done.  There  is  no  fundamental  objec- 
tion to  doine  it,  and  the  only  question  is,  are  circumstance''  ausp'- 
oious  at  the  present  moment.  Taking  this  view  of  the  question, 
though  I  listened  attentively  to  the  arguments  of  the  Senator  from 
Massachusetts.  I  at  once  arrived  at  the  conclusion,  that  it  was 
proper  to  be  done,  and  that  this,  above  all  other  times,  was  the 
proper  time  for  doing  it.  I  do  not  stand  here  to  give  or  to  receive 
alms.  That  is  not  the  business  of  the  Senate  of  the  United  Stales, 
and  to  whatever  extent  they  proceed  in  this  matter,  they  lake 
from  the  people  that  which  belongs  to  them.  I  know  that  two 
cases  have  been  cited.  I  remember  them  both.  One  was  made 
the  foundation  for  the  other.  The  case  of  Caracas  visited  by  a 
great  and  overwhelming  calamity — the  other,  the  cise  of  Ireland. 
If  I  wished  to  address  myself  to  the  popular  feeling,  or  if  1  wi  bed 
to  addrc-s  nyself  to  all  the  best  sympathies  of  the  human  soul,  I 
would  sympat'iise  in  the  cai  e  of  suffering  Ireland,  hut  I  wonH  do 
it  as  a  man  ;  I  would  not  do  it  as  a  legislator.  You  have  not  the 
power.  I  defy  the  production  of  any  proof  to  show  that  you  have 
the  power  to  tax  the  people  of  this  country  to  bestow  charity 
upon  t'le  people  of  otrer  countries.  The  eases  cited,  therefore, 
have  not  the  slightest  impression  or  effect  on  me  ;  I  place  this 
measure  exclusively  on  the  grotnd  of  policy.  Well,  what  are  the 
reasons  derived  fiom  considerat  ons  of  policy  ?  The  honorable 
Senator  from  South  Carolina  says,  that  'his  is  a  grave  and  import- 
ant question,  and  that,  therefore,  great  caution  is  necessary.  Well, 
sir,  I  say  so  too  ;  but,  there  is  a  time  when  that  caution  has  ex- 
hausted its  effect.  It  is  necessary  in  the  formation  of  the  deter- 
mination which  precedes  action.  That  is  the  province  and  office 
of  caution.  It  is  lor  the  purpose  of  enabling  those  who  are  dis- 
posed to  do  so,  to  exert  that  valuable  quality  in  arriving  at  cor- 
rect conclusions.  But,  after  having  exhausted  all  the  arguments 
and  reasons  for  the  policy,  does  not  the  time  for  action  arrive  ? 
After  having  given  to  all  these  reasons  for  caution  their  proper 
force,  we  are  called  on  to  act  upon  the  i..easure  itself  Weigh 
the  measure  upon  the  question  of  policy — as  is  the  duly  of  the 
government  to  do — and,  when  that  is  done,  then  comes  the  time 
for  action.  It  is  said  by  the  honorabh-  Senator  on  the  other  side 
who  addressed  us  last,  that  this  is  not  one  of  tho.se  extreme  cases 
which  would  justify  the  government  of  the  United  States  in  assert- 
ing a  principle'whieh  cannot  be  >ustained  upon  the  gieat  principles 
of  international  law,  or  of  public  policy.  Well,  that  may  bo  so. 
I  grant  Yucatan  may  not  be  of  so  much  importance  to  usassooie 
other  points  on  this  continent  ;  but  no  matter  what  the  value  or 
importance  of  it,  I  ask  if  the  principle  is  not  precisely  the  same  ? 
Here  is  a  lime,  here  a  case,  in  which  the  sove.  eignty  or  dominion 
of  a  portion  of  this  continent  is  offered  to  the  American  govern- 
ment without  the  danger  of  collision  with  any  other  power,  and 
they  are  to  determine  whether  they  will  receive  it  or  not. 

Suppose  the  case  to  happen  that  was  put  by  the  Senator  from 
South  Carolina.  Suppose  we  attempt  to  apply  the  principle,  and 
they  rajnse  to  act  upon  it,  I  ask.  if  their  refusf.l  will  not 
Well,  now,  I  do  not  profess  to  know  much  about  the  advanta;'es. 
poliiieal,  commercial,  nav«l,  or  otherwise  of  Yucatan,  hut  I  know 
this — I  know  that  it  is  adjacent  to  the  tcrriiory  of  the  United  States, 
and  I  know  that  we  now  have  an  oppjrtuniiy  of  taking  it  without 
incurring  a  risk,  Great  Britain  and  all  other  countries  of  Europe 
not  being  in  a  situatio.;  to  interfere.  The  only  difficulty  I  have 
had  on  the  subject  is  this — whether  the  adoption  of  such  a  meas- 
ure now,  comported  with  the  existing  state  of  things  between  this 
country  and  Mexico.  I  leave  Grcatr  Britain,  France,  Spain,  and 
all  European  countries  entirely  out  of  the  question.  Is  there  any 
thing  in  the  condition  of  affairs  between  this  country  and  Mexico, 
which  would  render  it  improper  to  adopt  the  measure  at  th:s  time, 
because,  even  in  regard  to  Mexico,  miserable  and  degraded  as  she 
is,  I  would  preserve  that  good  faith  which  the  immortal  man, 
whose  likeness  hangs  above  your  head,  inculcated  to  be  observed 
towards  a'l  nations.  What  are  those  relations  ?  I  am  not  going 
into  the  ciuses  of  the  war,  although  there  are  incidents  connected 
with  the  war,  which  prove,  more  tfean  any  thing  has  ever  proved 
in  the  history  of  the  country,  the  indestructibility,  the  immortality 
of  truth.  There  are  considerations  connected  with  the  history  of 
the  war  which  enable  a  man  to  feel  the  divinity  star  stir  within 
him — there  are  considerations  connected  with  the  war  which  ena- 
ble the  dim  crepuscular  light  of  human  reason  to  penetrate  the 
veil  cf  the  future,  and  look  through  it  and  discern  the  majesty  of 
truth.  My  honorable  f  iend,  the  Senator  from  Missouri,  no  donht 
understands  this,  but  I  pass  it  by.  I  am  not  going  into  the  Mexi- 
can war,  I  shall  merely  touch  upon  some  of  the  incidents  connected 
with  the  origin  of  it. 

Why,  sir.  in  regard  to  Yucatan,  viewed  in  connection  with  our 
relations  to  Mexico,  if  I  were  disposed  to  put  this  question,  and 
discuss  it  on  the  ground  of  humanitv,  I  should  derive  the  stronaest 
argument  that  I  could  possibly  employ  from  the  existence  of  our 
relations  with  Mexico  We  were  at  war  with  Mexico  ;  that  war 
has  been  suspended,  if  not  terminated  by  negotiations  of  a  treaty 
of  peace,  not  sanctioned  on  their  side  I  judge,  as  every  body  knows; 
but,  sir,  Mexico  is  a  subdued,  a  conquered  country,  and  is  it  not  the 
duty  of  the  government  of  the  United  States,  having  conquered 


Mexico,  to  extend  that  protection  to  the  people  of  Yucatan  which 
the  government  o  Mexico  herself  might  have  been  able,  and  if 
able,  ought  to  have  extended  if  she  had  not  been  conquered  by  the 
government  of  the  United  Stales.  This  is  our  relation  in  regard 
to  Mexico.  Will  you  deprive  that  government,  by  having  con- 
quered and  overcome  her  in  a  thousand  well  fought  fields — will  you 
deprive  her  of  the  power  of  protecting  the  people  of  Yucatan,  or 
any  other  portion  of  her  populaiinn,  and  after  h.aving  done  that, 
and  stepped  into  her  shoes,  will  you  say  to  her,  that  We  will  not 
perform  the  office  ol  humanity  which  you,  if  wo  had  not  inter- 
fered and  conquered  you,  ought  to  have  performed,  and  would 
havo  performed  ?  It  is,  therefore,  I  think,  not  only  the  policy  but 
the  duty  of  the  United  t-tates.  considering  the  relations  now  exist- 
ing between  this  country  and  Mexico,  to  afford  mat  protection, 
not  o:.ly  to  the  people  of  Yucatan,  but  to  every  othe-  province  and 
state  of  Mexico,  that  Mexico  herself,  if  she  had  been  a  stable  and 
strong  government  ought  to  havo  extended,  if  we  had  not  occu- 
pied ihe  position  we  now  do  in  regard  to  her.  And  my  honorable 
Iriend  from  Indiana  will  find  no  difficulty  in  carrying  out,  with  his 
usual  ability,  the  policy  of  the  administration  in  putting  it  upon 
this  ground. 

Mr.  HANNEGAN.— I  did  put  it  upon  that  ground. 

Mr.  BAGBY. — I  am  aware  of  that.  It  is  not  only  the  duty  of 
this  government  on  the  ground  of  humanity  connected  with  policy, 
but  it  becomes  the  indispensable  duty  of  the  government  for  other 
reasons,  to  do  every  thing  which,  by  the  measure  before  you.  you 
are  called  on  to  do.  I  need  not  remind  you  that  the  conqueror  comes 
into  possession  of  the  country — he  occupies  that  possession  in  all 
respects  as  the  conquered  previously  occupied  it.  This  is  our  po- 
sition in  regard  to  Mexico.  I,  therefore,  have  no  difficulty  upon  that 
score,  not  the  least.  My  honorable  friend  from  Connecticut — and 
he  knows  when  I  call  him  my  friend  it  is  no  holiday  phrase — seem- 
ed to  think  that  there  were  views  and  projects  concealed  behind 
this  measure,  not  disclosed  by  the  mejsage  nor  fairly  demonstrat- 
ed by  the  bill  itself.  Well,  sir,  that  may  be  :  I  speak  for  myself, 
and  myself  alone  ;  I  have  not  exchanged  a  word  with  any  member 
cf  the  administration  in  regard  to  this  question  since  it  has  been 
before  the  Senate  of  the  United  States,  and.  thereloro,  I  know  not 
what  their  views  are  ;  but  I  will  tell  you  what  mine  are,  and  I  be- 
lieve they  agree  with  the  views  of  the  people  of  the  United  States 
in  regard  to  the  policy  which  this  government  should  pursue.  I 
have  a  right  to  speak  for  myself,  sir  j  you  know  that  I  voted  for 
the  treaty,  not  because  I  thought  it  was  the  best  that  could  be 
made  for  the  protection,  promotion,  and  advancement  of  our  inter- 
ests ;  not  at  all.  I  voted  for  it  because  it  was  the  proposition 
made  by  this  government,  though  under  a  stale  of  things  widely 
different  from  that  which  existed  at  the  time  the  treaty  was  made; 
and,  as  I  said  before,  I  would  not  involve  the  government  of  the 
United  States  in  an  act  of  bad  faith,  even  with  miserable,  degrad- 
ed, faithless  Mexico.  I  voted  for  it  for  the  purpose  of  giving  jVIex- 
ico  the  opportunity  of  pausing  again  for  a  moment  upon  the  brink 
of  her  destiny  before  she  took  the  plunge  from  which  neither  time 
nor  circumstances  would  redeem  her.  I  voted  for  it  for  that  rea- 
son, not  because  I  did  not  want  any  more  of  her  territory — a.id  I 
tell  ray  honorable  friend  from  Conueeticut  that  I  do  not  want  any 
of  her  territory — but  I  know  it  is  fashionablp  in  the  secion  of 
country  in  which  I  live,  and  I  suppose  somewhat  so  in  the  ancient 
and  venerable  province  of  New  England,  a  quality  which  they 
have  inherited  from  their  ancestors,  to  consider  it  perfectly  lawful, 
when  our  neiglibors  are  tumhling  and  going  to  ruin  around  as  and 
no  longer  able  to  retain  their  possessions,  to  take  possession  of 
them  if  we  can  get  them  fairly.  Now,  that  is  precisely  the  state 
of  things,  not  only  in  reg;ird  to  this  underrated  province  of  Yuca- 
tan, but  it  is  precisely  tlie  state  of  things  in  regard  to  the  whole 
of  Mexico.  No  man  who  looks  at  the  condition  of  thinss  there 
can  doubt  it.  Well,  but  it  is  said  that  my  honorable  friend  from 
Michigan  is  disposed  that  the  temple  of  Janus  shall  be  always 
open,  and  he  would  have  his  park  of  artillery  always  playing. 

Mr.  CASS.— Not  always. 

Mr.  BAGBY. — He  will  do  me  the  justice  to  say  that  I  was  not 
one  of  the  war  inevitables.  But  this  is  not  the  war  policy — it  is 
the  peace  policy.  You  are  called  upon  to  do  this  under  a  certain 
state  of  things,  and  the  only  question  is,  whether  circumstances 
are  favorable  for  the  doing  of  the  thing  now.  Whatever  may  be 
the  views  of  the  honorable  Senator  now,  I  know  he  had  a  taste  for 
war  some  time  ago.  I  have  no  such  taste,  and  in  order  to  avoid 
war,  I  am  in  favor  of  doing  this  thing  now,  because  I  do  not  think 
it  will  involve  us  in  war.  Has  there  been  a  time  within  your  re- 
collection— has  there  been  a  lime  since  the  reformation,  when 
Great  Britain  was  so  little  in  a  condition  to  interfere  with  the  affairs 
of  other  countries,  as  she  is  at  this  present  moment.  I  think  not.  I 
am,  therefore,  in  favor  of  the  adoption  of  this  measure,  not  only 
because  it  belongs  more  properly  to  us  than  to  any  body  else — not 
only  because  I  am  satisfied  that  there  is  no  principle  to  be  violat- 
ed by  it,  but  I  am  in  favor  of  it  for  the  reason,  that  it  is  less  likely 
to  be  productive  of  war  now,  than  it  ever  will  be  in  your  lifetime 
or  mine.  There  was  another  agument  used  against  the  passage 
of  this  bill,  which  struck  me  with  as  much  force  as  almost  any 
other.  It  was  this — That  because  this  was  not  a  case  of  the  high- 
est importance,  therefore  we  ought  to  let  it  alone.  Well,  do  not 
Senators  perceive  that  if  they  pretermit  the  principle  which  they 
contend  for  in  this  case,  they  set  an  example  of  the  abandonment 
of  it,  which  will  be  dwelt  upon  in  every  case  that  may  arise  here- 


638 


TEMPORARY  OCCUPATION  OP  YUCATAN. 


[Tuesday, 


after.  I  do  not  believe  in  the  importance  of  Yucatan,  either  for 
the  purpose  of  agriculture  or  commerce  ;  but  the  great  question 
with  nje  is,  whether  you  can  ever  get  it  on  better  terms,  or  with 
less  difficulty  than  you  can  at  present,  and  whether  it  is  not  better 
for  us  to  take  it  than  permit  any  body  else.  That  is  the  question. 
Well,  a  further  question  is,  whether  by  adopting  the  olher  ground, 
the  other  course  of  policy,  you  will  not  elTectually  rule  out  the 
other  great  principle  involved,  to  wit  :  the  principle  of  humanity. 
No  man  can  doubt,  that  if  wc  take  the  country  wc  shall  b:ivc  to 
Ijrntect,  to  maintain,  to  occupy  it.  This,  therefore,  woulil  have 
all  the  eflcct  of  accomplishing  the  ends  of  policy  and  the  ends  of 
humanity  at  the  same  time.  A  good  deal,  sir,  not  of  censure  or 
abuse,  that  has  been  disclaimed  in  every  quarter,  but  a  good  deal 
of  indirect  censure  has  been  cast  upon  the  administration  because 
of  its  course  in  regard  to  this  measure.  It  has  been  said  that  the 
inlormation  has  been  allowed  lo  remain  in  llic  Executive  depart- 
ment so  long  tli.-it  It  has  literally  rusted.  This  may  be  true  or  it 
may  not  ;  but  wo  have  heretofore  had  sunicicnt  proof  to  eonvmec 
us,  that  a  speedy  communication  of  papers  by  the  Kxeeutive  is  not  al- 
ways sudieient  to  insure  the  speedy  consideration  or  action  of  this  bo- 
dy. Before  it  was  suspected  or  dreamed  of  that  a  treaty  of  peace 
would  be  formed,  the  honorable  Senator  from  Michigan,  as  organ  of 
theCommittee  on  Military  Affairs,  of  which  bo  is  so  able  a  head, 
brought  forward  the  ten  regiment  bill,  and  I  ask  if  the  same  rea- 
sons for  procrastinafion  that  are  urged  now,  were  not  urged  then' 
I  suppose  that  some  of  my  honorable  friends  on  the  other  side  will 
say,  there  is  no  necessity  for  haste,  for  though  a  communication 
might  be  sent  with  hot  Haste,  it  would  he  treated  as  the  ten  regi- 
ment bill  was  treated  ;  therefore,  I  do  not  think — exercismg  that 
sort  of  courtesy  which  ought  to  prevail  between  diU'erent  branch- 
es of  the  government^we  ought  to  complain  of  the  President  ;  for 
we  know,  that  no  matter  witli  what  speed  a  communicalion  is 
made  to  us,  it  has  not  the  least  effect  upon  this  body.  Unless, 
therefore,  Senalors  were  better  prepared  to  act  upon  this  bill  some 
time  ago  than  they  arc  now,  I  do  not  see  what  could  have  been 
gained  by  an  earlier  communication. 

Mr.  President,  this  administration,  like  all  things  human,  is 
passing  away,  It  is  no  administration  of  mine,  except  so  far  as 
Its  principles  arc  concerned,  and  as  was  said  in  regard  to  another 
great  man, 

"  Willie  the  stream  ol  lime  is  gradually  wearing  away,  and  remoi  infj  tJie  sands  of 
other  adniinistiatioii^,  il  will  pass  williout  ellect  over  the  adamant  of  this." 

I  place  this  administration  upon  its  merits,  not  upon  Ihe  individu- 
a's  who  compose  it.  because  they  are,  iike  most  others,  not  above 
the  lot  of  fallible  humanity.  I  thank  God,  that  though  we  have 
two  parties,  we  have  but  one  country.  1  admit  that  it  not  only 
requires  great  prudence  and  caution,  according  to  the  honorable 
Senator  from  South  Carolina,  in  producing  such  a  state  of  things 
as  exists,  not  only  in  regard  to  the  Mexican  war,  but  in  regard  to 
another  great  question. 

You  are  told,  and  the  country  was  told,  that  it  required  great 
mismanagement  to  bring  about  this  war  with  Mexico.  Well — 
that  may  be  so.  All  that  I  know  about  it  is — and  I  do  not  in- 
clude myself — that  some  of  the  soundest  intellects  in  this  country 
said  that  it  would  not  require  any  management,  or  mismanage- 
ment on  the  part  of  the  government  of  the  United  States,  in  order 
to  produce  a  war  with  Mexico,  but  that  if  certain  thincs  were 
done,  war  would  result  inevitably — if  the  Senator  from  Michigan 
will  allow  me  <o  use  the  term.  It  was  said  here,  said  in  Mexico, 
and  said  in  Texas.  The  President  of  Texas,  now  a  Senalor  on 
this  floor,  and  his  colleague,  boih  said,  that  if  Texas  was  annexed 
under  the  resolutions,  as  they  passed  the  House  of  Representa- 
tives, war  would  be  inevitable.  Is  it  just  therefore.  I  ask,  to  say, 
that  in  consequence  of  the  mismanagement  of  this  administration, 
we  have  been  involved  in  a  war  with  Mexico  ?  Just  as  well  might 
you  say  that  the  glorious  scenes  of  Bunker  Hill  and  Lexington 
were  the  causes  of  the  war  between  this  country  and  Great  Bri- 
tain. They  were  the  glorious  effects  growing  out  of  the  war 
they  were  no  more  tlie  causes  of  the  war  than  the  moth  that  buz- 
zes about  the  candle  is  the  cause  of  giving  light.  But  it  is  said 
that  this  administration  not  only  brought  on  the  Mexican  war  by 
mismanagement,  but  that  they  have  mismanaged  this  Yucatan 
business  How  mismanaged  ?  Why,  because  I  hey  have  not  sent 
the  navy  to  the  aid  of  the  people  of  Yucatan.  W^cll,  the  na\-y  in 
the  condition  of  the  coast  which  has  been  so  well  deserilicd.  would 
be  just  as  ineffeetual  for  overcoming  the  savages  in  Yucatan  as 
the  attempts  of  the  Lilliputians  were  in  overcoming  Gulliver,  be- 
cause there  is  not  a  port  upon  that  coast  which  you  can  approach, 
and  yet  gentlemen  say  that  the  navy  is  the  only  means  that  could 
have  been,  or  ought  to  be  employed.  It  is  so  much  easier  to  liiid 
fault  with  what  others  do  than  to  do  right  ourselves,  that  I  am 
not  at  all  astonished  that  this  argument  is  made.  It  is  the  easiest 
thing  in  the  world  to  find  fault  without  examining  or  understand- 
ing, but  the  existence  of  the  fault  ought  to  he  well  substantiated 
before  judgment  is  passed  upon  il.  My  honorable  friend  from  Con- 
necticut— and  I  am  happy  to  say;  that  in  regard  to  many  things  we 
think  and  act  alike — seems  dreadfully  alarmed  about  this  manifest 
destiny.  Well,  I  do  not  know  whether  those  who  use  the  term 
understand  it  I  do  not  know  whether  they  believe  in  manifest 
destiny  or  not  ;  but  I  thank  God,  I  do  believe  in  it.  I  see,  in  the 
realization  of  it,  all  that  constitutes  my  hopes  in  life,  and  it  will 
be  my  consolation  in  death.  Hut  I  do  not  understand  manifest 
destiny  to  be  the  policy  of  statesmen  or  the  tricks  of  politicians. 
I  understand  the  sort  of  manifest  destiny  which  I  embrace,  to  be 
the  application  of  the  proper  instruments   to  the  carrying  out  of 


the  great  designs  of  Providence.  That  is  what  I  understand  by 
manifest  destiny.  And  how  can  it  be  better  applied  than  in  re- 
gard to  the  miserable  and  degraded  races,  which  occupy,  not  only 
Yucatan,  but  the  whole  of  Mexico.  My  views,  sir,  in  regard  to 
Mexico  have  been  strangely  misunderstood.  It  has  been  said 
that  I  am  in  favor  of  taking  all  Mexico.  So  I  would — not  in  vio- 
lation of  the  rights  of  any  government,  or  of  any  individual,  but  as 
certain  as  the  snn  shines,  if  we  do  not  somebody  else  will  have 
all  Me,xi-;o.  It  doe.^  not  depend  upon  the  humanity  or  upon  the 
avarice,  upon  the  spirit  of  aggrandizement  or  the  ambition  of  the 
government  of  the  United  States.  It  depends  upon  a  cause  much 
more  certain  and  effectual  in  its  operation,  and  if  there  be  a  man 
alive,  who  believes  that  Mexico  ever  has  had,  or  ever  will  have  a 
well  regulated,  settled,  established,  permanent  government,  must 
have  some  testimony  on  the  subject  that  I  have  not.  The  idea  of 
the  Senator  from  South  Carolina  is,  that  we  must  act  with  cau- 
tion, that  we  must  adopt  a  course  of  masterly  inactivity.  Well, 
if  1  had  never  had  experience  touching  the  adoption  of  such  a 
course,  I  have  no  doubt  I  would  have  been  one  of  the  most  strcne- 
ous  advocates  for  masterly  inactivity,  because  I  am  slow  in  habits 
of  thousht,  and  more  slow  in  acting.  But  how  it  is  possible  to 
distinguLsh  between  this  ease,  and  the  situation  in  winch  Texas 
was  placed  in  regard  to  British  interference,  I  cannot  imagine. 
The  same  arguments  were  then  urged  regarding  British  interfer- 
ence. The  doctrine  which  I  can  never  forget,  but  which  I  can 
never  relish,  was  applied  here  with  the  effect  of  the  scorpion  lash. 
"Now,  or  never,"  was  the  cry. 

I  happen  to  have  before  me — though  I  shall  not  stop  to  read  it. 
the  clear,  distinct  expression  of  the  opinions  of  the  President  of 
Texas  upon  that  subject,  viz  :  that  Texas  was  about  to  be  sold  to 
England.  He  said,  that  if  any  rnan  entertained  such  an  opinion, 
he  was  a  much  titter  subject  for  a  lunatic  asylum,  than  he  was  for 
a  place  either  among  Texan  or  American  statesmen.  If,  there- 
lore,  it  was  necessary  for  us  to  act  "then  or  never"  in  regard  to 
Texas,  as  the  lion's  paw  was  about  to  be  laid  upon  it,  I  ask  how 
it  is  that  the  same  argument  and  the  same  reason  should  not 
be  brought  to  bear  in  the  case  of  Yucatan,  as  in  the  case  of  Texas. 
Well,  I  think  I  can  account  for  it.  We  are  all  very  fond  of  our 
own  pets,  but  not  so  fond  of  the  pets  of  others.  I  regretted 
another  thing  ;  I  regretted  to  hear  the  distinguished  Senator  from 
South  Carolina  say — because  he  has  always  been  considered  one 
of  the  ornaments,  and  one  of  the  chief  supporters  of  the  Democra- 
tic party — I  regretted  to  hear  him  say,  that  in  regard  to  the  fo- 
reign policy  of  this  government,  he  had  been  compelled  to  co-ope- 
rate to  a  very  considerable  extent  with  gentlemen  on  the  other 
side  of  the  chamber.  We  all  knew  that — it  was  not  necessary  for 
the  Senator  lo  tell  us  that.  He  said  that  the  foreign  policy  of  this 
government  for  years  past  had  driven  him  into  co-operation  with 
gentlemen  of  the  opposite  party.  Well,  how  is  this,  and  why  is 
it,  is  there  any  thing  in  the  policy  advocated  or  recommended  by 
Senators  on  the  other  side,  that  comes  nearer  to  the  great  repub- 
lican doctrines  upon  which  the  gentleman  from  South  Carolina 
commenced  bis  political  course,  than  there  is  in  that  pursued  on 
this  side  of  the  chamber?  And,  il"  there  be,  I  ask  what  it  is. 
What  is  there  in  the  foreign  policy  of  this  government  which  con- 
flicts to  any  extent,  or  at  all,  with  the  uniform,  unbroken  practice 
of  the  republican  party?  I  suppose  it  arises  from  that  kind  of  in- 
dividual preference  which  every  man,  and  especially  every  states- 
man conceives  for  the  views  for  his  own  selection.  I  consider  il 
my  dutv,  humble  as  I  may  be,  to  say  in  the  presence  of  the  Senate, 
that  there  is  nothing  in  the  course  pursued  by  tiis  admi- 
nistration which  justifies  the  distinguished  Senator  in  sepa- 
rating himself  from  the  party  to  which  he  has  always 
professed  to  belong.  I  have  been  ast^nished  at  another  thing. 
Wo  were  told  that  great  caution  was  necessary  in  the  promotion 
of  our  opinions  in  regard  to  this  measure.  Well,  I  concede  to  the 
distinguished  Senator  the  ability  to  make  up  bis  opinion  with  more 
promptitude,  and  with  less  preparation  than  almost  anybody  else. 
However  much  caution  and  deliberation  may  be  required  on  the 
part  of  others,  he  is  prepared  to  take  the  subject  on  the  wing;  or, 
as  he  said,  at  the  first  hop.  In  regard  to  this  very  case,  he  pro- 
nounced the  proposition  to  be  bad  the  very  moment  it  was  sug- 
gested, and  sounded  the  note  of  alarm  against  it. 

I  am  in  favor  of  doing  something  in  regard  to  Yucatan.  The 
question  is,  what  is  necessary  and  proper  to  be  done.  I  have  ex- 
amined the  President's  message,  and  I  assert  that  be  does  not  re- 
commend anything  to  subject  him  to  the  imputations  cast  upon 
him.  He  informs  the  Senate  of  the  condition  of  the  people  of 
Yucatan — he  adverts  lo  tlib  doctrines  laid  down  by  Mr.  Monroe — 
he  invokes  the  great  principles  of  humanity,  and  submits  to  the  de- 
termination of  Congress,  whether  tbcy  will  lake  any  steps  in  tli'' 
matter  or  not.  Now  the  ipiestion  is,  what  ought  Congress  to  do  '. 
I  will  tell  you  what  I  think  Congress  ought  lo  do.  What  I,  lor 
one,  am  disposed  to  do,  I  have  no  disposition  to  negotiate  or  di- 
plomatize about,  !  take  the  question  as  il  presents  itself;  and,  for- 
asmuch as  we  have  placed  Mexico  in  a  condition  in  which  she  can- 
not preserve  and  protect  and  maintain  the  rights  of  the  people  of 
Yucatan  liersclf,  therefore  il  boeomcs  our  thity  to  do  it.  Not- 
withstanding tlie  force  of  my  honorable  friend  from  Connecticut, 
and  notwithstanding  the  saving  provision  embraced  in  the  pream- 
ble and  proviso  brought  forward  by  my  honorable  colleague — 
because  they  arc  only  explanatory  of  the  bill — if  we  take  posses- 
sion, if  we  take  military  occupation  of  Yucatan,  I  think  we  should 
hold  It.  They  tell  us  they  are  inea[mble  of  taking  care  of 
themselves — that  they  liavc  already  cut  loose  from  Mexico,  and 
that  if  they  had  not,  Mexico   could   lake  caro  of  them,   for  she 


May  16.1 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


639 


cannot  take  care  of  herself.  I  am,  therefore,  wtthout  infracting 
the  rights  of  anybody,  any  government,  or  any  nation,  in  favor 
of  taking  temporary  military  occupation  of  Yucatan,  for  two  rea- 
sons— first,  because  it  is  our  duty  to  do  it;  and,  next,  because  it  is 
our  interest  to  do  it.  Well,  where  duty  and  interest  combine,  I 
think  we  should  not  hesitate;  and  in  regard  to  this  measure,  I 
think  there  is  a  perfect  combination  of  interest  with  duty;  and  I 
think  above  all,  that  there  never  will  be  such  another  opportunity 
when  we  shall  be  so  little  embarrassed  by  circumstances  either 
abroad  or  at  home,  as  that  in  which  we  are  called  on  to  act  in  re- 
gard to  this  question.  I  shall  therefore  vote,  without  regard  to 
the  particular  form  in  which  the  measure  may  be  put — for  I  should 
be  willing  to  vote  for  any  measure  that  will  enable  us  to  occupy. 
Yucatan  most  etfectually,  until  she  is  prepared  either  1o  sustain 
herself,  to  go  back  to  Mexico,  or,  what  I  think  much  more  proba- 


ble, until  she  is  annexed  to  the  United  States.  It  may  be  a  hard 
bargain  for  us.  It  is  said  to  be  a  land  of  lizzards  and  snakes.  But 
I  never  heard  of  but  one  land  where  there  were  no  reptiles;  but 
whatever  may  be  the  condition  of  Yucatan  in  this  respect,  I  would 
go  forward,  notwithstanding  all  the  lizzards  and  snakes  that  may 
lie  found  in  that  country.  There  is  a  sensible  difference  of  opinion 
in  regard  to  what  would  bo  the  result  of  this  temporary  occupa- 
tion; but  I  am  in  favor  of  this  occupatian,  leaving  the  result  to  fu- 
twriiy;  and  I  am  m  favor  of  taking  occujiaiion  immediately,  and 
of  holding  it,  until  we  ascertain  what  is  best  finally  to  be  done 
w.th  it.     That  is  my  opinion  in  regard  to  Yucatan. 

On  motion. 

The  Senate  then  adjourned. 


. 


640 


PETITIONS— RESOLUTIONS,  ETC. 


[Wednesday, 


WEDNESDAY,  MAY  17,  1848. 


MEMORIAL  OP  THE  LEGISLATURE  or  MASSACHUSETTS. 

Mr.  DAVIS,  of  Massacliusetts,  presented  a  tnemorial  and  reso- 
lutions of  the  Legislature  of  that  Stale,  in  favor  of  liie  reduction  of 
the  rates  of  postage;  which  were  laid  upon  tlie  table  and  ordered 
to  be  printed. 

MANNER  OF  PAYING  THE  INTEREST  ON  THE  PUBLIC  DEBT. 

Mr.  NILES  submitted  the  following  resolution  for  consid- 
eration : 

Resolved,  That  the  Secretaiy  of  the  Treasury  be  directed  to  report, to  the  Senate 
sach  information  as  may  be  in  the  possession  ot^  the  Treasury  Deparlmenl,  in  regard 
to  the  manner  In  which  the  interest  ot"  (lie  pubhc  debt  has  been  paid  at  Boston,  5iew 
York,  Philadelphia,  anH  other  places  at  which  the  interest  on  the  publi :  debt  is  paid; 
and  particularly  that  he  inform  the  Senate  whether,  in  any  instance,  payment  hat  been 
made  in  any  other  medium  than  gold  or  silver. 

NEW  YORK  AND  NEW  ORLEANS  STEAMERS. 

Mr.  DIX,  from  the  Committee  on  Commerce,  to  wliom  were 
referred  the  amendments  of  the  House  of  Representatives  to  the 
bill  extending  privileges  to  American  vessels  engaged  in  a  certain 
mentioned  trade,  and  for  other  purposes,  reported  the  same  back 
with  a  recommendation  that  the  Senate  concur  therein. 

The  Senate  proceeded  to  consider  said  amendments  ;  and  it 
was 

Ruoived,  That  they  concur  therein. 

Ordered,  That  the  Secretary  notify  the  House  of  Bepresenta- 
lives  accordingly. 

PRIVATE  BILL. 

Mr.  JOHNSON,  of  Louisiana,  ftom  the  Committee  on  Pensions 
to  whom  was  referred  the  bill  from  the  House  of  Representatives 
for  ihe  relief  of  William  Vice,  reported  it  without  amendment. 

ADVERSE  REPORT. 

Mr.  BRIGHT,  from  the  Committee  on  Naval  Affairs,  to  whom 
the  documents  relating  to  the  claims  of  Hugh  Wallace  Wormley 
were  relerred,  submitted  an  adverse  report;  which  was  ordered  to 
be  printed. 

THE  PATENT  OFFICE  BILL. 

Mr.  WESTCOTT,  from  the  Committee  of  Conference,  on  the 
part  of  the  Senate,  on  the  disagreeing  vntes  of  the  two  Houses  on 
the  bill,  "  to  provide  additional  Examiners  to  the  Patent  Office, 
and  for  other  purposes,"  submitted  the  following  report. 

*'  That  after  full  consultation,  the  Commtlee  recommend  that  the  Senate  do  recede 
from  its  resolution  disagreeing  to  the  following  amendments  of  Uie  House  to  said 
bill,  viz  : 

Jst,  The  amendment  stnkinp  out  the  words  in  line  17  to  line  20,  section  2.  "and  be 
shall  al.o  require  to  be  paid  a  fee  of  five  cents  per  volume,  for  examining  the  records  of 
the  Patent  Office.'' 

2d.  The  amendment  striking  out  the  words  in  lines  2  and  3,  section  3,  "  that  the 
Commissioner  of  Patents  is  hereby  authorized  toappoiot,"  and  ini^tting  in  lieu  thereof 
"that  there  shall  be  appointed  in  manner  aforesaid." 

And  that  the  said  amendments  be  agreed  to  by  the  Senate. 

And  the  Committee  recommend  thai  the  House  recede  from  its  amendment  in  line 
17,  section  1,  striking  out  the  wor  is,  "'twenty-five  hundrej,"  and  inseriing  the  words 
"  two  thousand,"  and  agree  to  said  section  as  it  passed  the  Senate,  with  the  following 
proviso  to  be  adrled  to  said  section  : 

"  Provided.  That  the  power  to  extend  Patents  now  vested  in  the  Board  composed 
of  the  Secretary  of  State,  Commissioner  of  Patents,  and  Solicitor  of  the  Treasury,  by 
the  IHtli  section  of  the  act,  a[i[iroved  July  4,  1836,  respecting  "he  Paleot  Office,  shall 
hereafter  be  vested  solely  m  the  Commissioner  of  Patents;  and  when  an  application 
is  madero  him  for  tlie  extension  of  a  patent  according  to  said  18th  section,  and  sixty 
days'  notice  given  thereof,  he  bliall  refer  the  case  to  the  principal  examiner  liaving 
charge  of  ttie  class  of  inventions  ro  wliicli  said  case  belongs,  who  shall  make  a  full  re- 
port to  said  Commissioner,  of  the  said  case,  and  particularly  whether  the  invention  or 
improvement  secured  in  the  Patent,  was  new  and  [lateDtahle  when  paieuted.  and 
thereupon  the  said  commissioner  shall  jirantor  refuse  tleextensiou  of  said  patent  upon 
thesame  principles  aim  rules  that  have  governed  said  Board,  but  no  patent  sliali  be 
Mtended  for  a  longer  term  than  seven  years." 

And  the  committee  recommend  tliat  said  bill  be  passed  as  so  amended," 

STATISTICS    OF    AGRICVLTUKE    AND    M.ANUFACTURE9. 

The  joint  resolution  requiring  the  Corainissiotier  of  Patents  tu 
report  annually  upon  the  prices  of  labor,  and  the  productions  of  ag- 
riculture and  manufactures,  was  read  the  second  time. 

RECOMMITTED. 

The  joint  resolution  for  the  relief  of  Clements,  Bryan  and  Com- 
pany, was  road  a  third  time;  and 

On  motion  by  Mr.  MASON,  it  was 

Ordered,  That  it  be  recommitted  to  the  Committee  of  Claims. 

MESSAGE   FROM   THE   HOUSE. 

The  following  message  was  received  from  the  House  of  Bepre. 
ientatives  by  Mr.  Campbell,  their  Clerk  : 

Mr.  Vteii  lent :  The  House  of  Representatives  have  passed  the  bill  of  the  Senate  ez- 
pltoatoi/of  tbeaoieauUed  "  Aa  not  toiaiie  foe  it  limited  lime  ftoftdditiouftiiailiitiy 


force,  and  for  other  purposes,"  approved  11th  February,  1847,  with  an  ainenduieut, 
in  winch  they  request  the  concurrence  of  the  Senate, 

They  have  passed  bills  of  the  following  titles : 
•  An  act  making  appropriations  for  the  payment  of  Revolutionary  and  other  pen- 
sions of  the  United  States  for  the  year  ending  the  30lh  June,  1849. 

An  act  to  authorize  the  issuing  of  a  register  to  the  btig  Eocarnacion. 

An  act  extending  to  John  VVhitsetl's  heirs  the  privilege  of  purchasing  a  quartei 
section  of  land  which  was  given  to  liini  by  an  act  appioved  Marcu  2d,  1839. 

An  actio  amend  the  act  entiiied  "  An  act  to  appropriate  the  proceeds  of  the  sates 
of  the  public  lands,  and  to  giant  pre-emption  rights,     appioved  Seplember4tb,  1841 — 

in  which  biUs  they  request  the  concurrence  ofthe  Senate. 

HOUSE   BILLS   REFERRED. 

The  bill  from  the  House  of  Representatives  making  appropria- 
tions for  the  payment  of  revolutionary  and  other  pensions  of  the 
United  States,  lor  the  year  ending  the  30lh  June,  1849,  was  read 
the  first  and  second  times,  by  unanimous  consent,  and  relerred  to 
the  Committee  on  Finance. 

The  bill  from  the  House  of  Rppre.9entatives  extending  to  John 
Whitsell's  heirs  the  privilege  of  purchasing  a  quarter  section  of 
land  which  was  given  to  him  by  an  net  approved  March  2d,  1839; 
and  the  bill  to  amend  the  act  entitled  "  An  act  to  appropriate  the 
proceeds  of  the  sales  of  the  public  lands,  and  to  grant  preemption 
rights,"  approved  September  4ih,  1841,  were  severallv  read  the 
first  and  second  times,  by  unanimous  consent,  and  referred  to  the 
Committee  on  Public  Lands. 

BRIG    ENCARNACION. 

The  bill  from  the  House  of  Representatives  to  authorize  the  is- 
suing of  a  register  to  the  brig  Encarnacion,  was  read  the  first  and 
second  times,  by  unanimous  consent. 

The  Senate  proceeded  to  consider  said  bill,  as  in  Committee  of 
the  Whole,  and  no  amendment  being  made,  it  was  reported  to  the 
Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time,  by  unanimous  consent. 

Reeolved,  That  this  bill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

BOUNTY  LANDS  TO  OFFICERS  PROMOTED  FROM  THE  RANKS. 

The  Senate  proceeded  to  consider  the  amendment  of  the  House 
of  Representatives  to  the  bill  explanatoiy  ofthe  act  enriiled  "An 
act  to  raise  for  a  limited  time  an  additional  military  force,  and  for 
other  purposes,"  approved  11th  February,  1847;  and  it  was 

Reiotved,  That  they  concur  therein. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

CHARTER    OF   THE    CITY   OF   WASHIHOTON. 

The  bill  from  the  House  of  Representatives  to  continue,  alter, 
and  amend  the  charter  ol  the  city  of  Washington,  was  read  a  third 
time;  and  it  was 

Resolvad,  That  this  Sill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Bepresenta- 
lives  accordingly. 

SCHOOL   LANDS. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  the  prior  orders 
were  postponed,  and  the  Senate  proceeded  to  consider,  as  in  Com- 
mittee of  the  Whole,  the  bill  to  authorize  the  relinquishment  of  the 
sixteenth  section,  in  certain  cases,  and  the  selection  of  other  lands 
in  lieu  thereof. 

No  amendment  being  made  the  bill  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time. 

Resolved,  That  this  bill  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  said  bill. 

ROBERT  PURKIS, 

On  motion  by  Mr.  GREENE,  the  prior  orders  were  postponed, 
and  the  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  authorizing  the  payment  of  a  sum  of  money  to  Ro- 
bert Purkis. 

Mr.  GREENE  moved  to  amend  the  bill,  so  as  to  increase  the 
■urn  allowed  front  ''foiu' hundred  dollara"  to  "seven  hundred  dol> 
Ute." 


May  17.] 


LOSSES  IN  THE  FLORIDA  WAR. 


641 


Mr.  GREENE. — This  bill  has  passed  this  body  twice,  once 
granting  the  sum  of  five  hundred  dollars,  and  afterwards  four  hun- 
dred doTiars,  with  interest  from  I8I3  or  '14.  The  committee  have 
now  reported  a  bill  by  which  they  have  proposed  to  give  tlie  sum 
of  four  hundred  dollars  only.  Without  readins;  the  report  which  ac- 
companies the  bill,  I  will  briefly  state  the  facts  upon  which  the 
bill  is  founded.  Robert  Purkis  was  a  seaman  in  the  coasting  trade 
in  the  winter  of  1812.  The  vessel  in  which  he  sailed  was  cap- 
tured and  despatched  under  the  command  of  a  prize  master  and 
three  men  for  one  of  the  ports  in  the  British  possessions.  Purkis 
being  the  only  man  left  on  board,  of  the  original  crew,  advised  the 
officer  in  command  that  the  vessel  was  not  safe  unless  the  dead 
lights  were  put  in  below.  The  officer,  with  two  of  his  assistants, 
havin"  gone  below  ti  perform  this  work,  Purkis  slipped  the  compa- 
nion way  over,  and  fastened  it  with  a  nail  and  hammer  ;  and  it 
beinn  dusk,  he  then  presented  his  hammer  at  the  head  of  the  man 
at  the  helm,  who,  supposing  it  to  be  a  pistol,  suffiired  Purkis  to 
take  possession  of  the  helm,  and  he  bore  away  for  an  United  States 
port.  If  this  had  been  done  by  a  man  in  the  service  he  would 
have  been  entitled  to  four  hundred  dollars  prize  money,  one  hun- 
dred for  each  man.  He  was  then  a  young  man,  and  money  was 
less  an  object  to  him  than  at  a  later  period.  He  asked  nothing  of 
the  government  then,  for  ho  had  strength  and  ability  to  take  care 
of  himself.  He  is  now  an  old  man,  poor,  sick  and  infirm.  His 
application  has  been  tendered  here  some  three  years,  and  he  now 
asks  Congress,  not  to  pay  him  the  four  hundred  dollars  and  inter- 
est, which  would  amount  to  something  like  eleven  hundred  dollars; 
but,  according  to  the  amount  the  committee  propose  to  give  him, 
it  will  be  about  seven  hundred  dollars  in  all.  There  can  be  no  ob- 
jection, I  apprehend,  in  this  case,  on  the  ground  of  a  violation  of 
precedent,  because  the  whole  thing  is  a  gratuity.  It  is  not  a  debt, 
technically  speaking,  that  the  government  owes  to  this  man  ;  but 
it  IS  an  equitable  claim,  for  services,  which,  if  performed  on  board 
another  vessel,  would  have  entitled  him  to  this  amount-  It  is  a 
violation  of  no  principle.  If  we  make  it  a  gratuity,  we  can  make 
it  according  to  our  sense  of  what  is  equitable  and  just  towards 
this-man.  I  think  there  can  bo  no  hesitation  on  the  part  of  the 
Senate  to  make  the  grant  ;  there  cannot  bo  a  worthier  object, 

Mr,  WESTCOTT, — The  committee,  I  believe,  was  disposed  to 
allow  the  full  amount  of  $400  with  interest  To  this  I  strenuous- 
ly objected  ;  but  I  have  since  had  conversations  with  the  Senator 
from  Rhode  Island  on  the  subject,  and  I  am  strongly  of  the  opin- 
ion that  interest  ought  to  be  allowed.  I  was  somewhat  doubtful 
at  first,  whether  tiie  conduct  of  this  applicant  was  of  such  a  na- 
ture as  entitled  him  to  tho  grant.  But  1  have  wholly  satisfied 
myself  upon  that  point. 

Mr.  GREENE. — Tho  circumstances  attending  tho  case  are 
perfectly  well  known  in  the  State  from  which  I  come,  as  in  a  small 
State  like  that  may  very  naturally  bo  the  case.  I  may  .state  also 
that  there  is  a  precedent — an  act  somewhat  similar  to  this,  com- 
pensating a  citizen  of  South  Carolina  for  a  service  of  a  like  kind 
as  early  as  1815  or  1S16. 

The  question  was  then  taken  upon  agreeing  to  the  amendment, 
and  it  was  determined  in  the  affirmative. 

No  further  amendment  being  made,  tho  bill  was  reported  to  the 
Senate  and  the  amendment  was  concurred  in. 

Ordered,  That  the  bill  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time. 

Jicsolved,  Thill  ttiis  bill  pas.,,  and  lliLil  the  title  thereof  be  as  atuie..;iii) , 

Ordered,  That  tho  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

NOT.IRIES    PUBLIC. 

On  motion  by  Mr.  BADGER,  the  prior  orders  were  postponed, 
and  tho  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  tho  bill  to  authorize  notaries  public  to  take  and  certify 
oaths,  affirmations,  and  acknowledgements  iu  certain  cases,  toge- 
ther with  the  amendment  reported  tnereto. 

The  reported  amendment  having  been  agreed  to, 

Mr.  BADGER  moved  further  to  amend  the  bill  by  adding  tho 
•words  "  District  of  Columbia"  after  the  word  "  Territory,"  wher- 
ever the  latter  occurs  in  the  bill  ;  which  was  agreed  to. 

No  further  amendment  being  made,  the  bill  was  reported  to  the 
Senate,  and  the  amendments  were  concurred  in. 

Ordered,  That  the  bill  bo  engrossed,  and  read  a  third  time. 

The  said  bill  was  read  a  third  time. 

Resolvcil,  That  this  bill  pais,  and  tliat  the  title  thereof  he  as  albresaul,  ' 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  said  bill, 

CLAIMS    FOB  LOSSES  IN  THE  FLORID.I  W.\R, 

On  motion  by  Mr,  WESTCOTT,  the  prior  orders  were  post- 
poned, and  tho  bill  providing  for  the  obtaining  testimony  in  rela- 
tion to  claims  for  la,sses  sustained  in  the  late  Florida  war,  was 
read  the  second  time  and  considered  as  in  Committee  of  the 
Whole. 

Mr.  WESTCOTT.— I  will  state  that  this  bill  has  been  careful- 
Iv  prepared  by  the  Committee  on  Claims.  The  object  is  to  pro- 
vide for  taking  testimony  in  relation  to  losses  occasioned  by  Indian 
30th  Cong. — 1st  Session — No.  81. 


depredations  during  the  late  Florida  war.  The  bill  contaitis  a  sec- 
tion which  expressly  provides  that  the  government  shall  not  be 
made  liable  for  these  claims,  by  reason  of  any  proceedings  taken 
under  its  provisions. 

Mr.  B  REESE. — I  would  like  to  hear  the  honorable  Senator  ex- 
plain why  there  should  he  a  dilfereiice  in  tho  mode  of  proceeding 
in  relation  to  claims  arising  in  Florida  from  that  in  relation  to 
claims  in  other  States.  I  can  use  no  other  earthly  reason  why  a 
separate  commission  should  be  established  for  the  purpose  of  taking 
testimony  in  relation  to  claims  in  Florida.  There  is,  I  believe,  a 
bill  now  before  the  House  for  establishing  a  general  sj'stem  for  ta- 
king testimony  in  relation  to  claims.  I  think  it  will  be  better  to 
postpone  action  upon  the  subject  until  that  bill  comes  before  us. 

Mr.  WESTCOTT. — I  will  answer  the  gentleman  in  regard  to 
the  importance  of  establishing  this  commission.  It  is  of  impor- 
tance as  regards  the  expenditure  attending  the  collecting  of  testi- 
mony in  relation  to  these  claims,  which  will  not,  under  this  hill, 
exceed  S2,000.  It  is  important,  in  this  view,  to  my  own  State, 
but  of  still  more  importance  to  the  government.  As  far  as  regards 
any  liability  to  be  assumed  by  the  government,  under  the  operation 
of  this  bill,  it  is  expressly  guarded  against.  It  is  important  to  the 
government  for  this  reason.  These  claims  are  of  a  peculiar  cha- 
racter; there  are  many  of  them  which  are  admitted  to  be  good, 
whilst  this  is  denied  in  regard  toothers;  but  all  of  them,  good,  bad. 
and  inditferent,  if  this  commission  bo  not  established,  must  como 
here  to  be  investigated,  and  many  of  tho  witnesses  are  officers 
who  are  in  the  army,  and  now  in  Mexico,  The  cases  are  all  de- 
pendent upon  a  very  nice  principle;  the  government  is  liable  in 
some,  and  not  liable  in  others,  I  believe  that  without  some  such 
measure  as  this,  claims  which  have  no  good  foundation  will  be 
allowed  beyond  the  amount  which  this  commission  would  cost.  In 
respect  to  the  House  bill,  I  have  m  more  idea  it  will  pass,  than  I 
have  that  a  dozen  other  projects  that  are  before  this  body  will  be 
adopted.  Besides,  I  am  not  prepared  to  vole  for  that  bill,  I  am 
not  for  increasing  the  number  of  Federal  officers,  who,  for  the 
most  part,  devote  very  httle  attention  to  their  business,  I  cannot 
conceive  of  a  greater  good  than  the  establishment  of  a  board  for 
examining  claims  generally;  but  from  what  I  have  heard,  I  have  no 
idea  that  bill  will  pass,  1  trust  the  honorable  Senator  from  Illinois 
will  withdraw  his  opposition,  and  that  the  hill  will  be  allowed  to 
pass. 

Mr,  CLAYTON,— Tho  honorable  Senator  from  Florida  an- 
nounces to  us,  that  when  the  hill  comes  hero  from  tho  House,  he 
will  be  prepared  to  vote  against  it.  Now,  I  lake  this  opportunity 
of  telling  the  honorable  Senator,  and  all  who  are  opposed  to  that 
bill,  that  I  shall  vote  for  it,  and  I  hope  there  will  be  a  majority  on 
this  floor  to  sustain  it.  This  is  not,  however,  the  time  to  discuss 
that  hill.  In  my  judgment,  this  bill  is  to  la)'  the  foundation  for 
the  expenditure  of  millions  of  dollars  out  of  the  Treasury.  The 
Senator  thinks  it  will  diminish  the  amount  of  claims,  to  be  finally 
paid  by  the  government.  I  am  of  the  directly  opposite  opinion. 
Here  we  are  to  appoint  a  commission  to  go  into  Florida,  and  hunt 
up  testimony  in  favor  of  these  claimants.  Why  should  we,  as  the 
Senator  from  Illinois  has  suggested,  adopt  a  more  liberal  rule  in 
regard  to  claimants  iu  Florida,  than  in  regard  to  other  claimants. 
Is  it  because  of  distance  merely  ?  There  are  other  States  equallv 
distant ;  they  would  have  a  right  to  make  the  same  application, 
and  WB  shall  never  know  whore  to  stop. 

Mr.  WESTCOTT,— I  will  state  that  a  similar  provision  was 
adopted,  after  the  war  of  1812,  for  taking  testimony  on  tho  north- 
ern frontier, 

Mr,  CLAYTON.— Yes  sir.  But  a  bad  precedent  should  not  be 
followed.  On  a  former  occasion,  when  a  bill  was  pending  before 
the  Senate  for  the  payment  of  money  iu  a  case  in  which  I  thought 
the  individual  was  entitled  to  relief,  I  recollect  that  opposition 
was  offered  by  the  Senator  from  Florida,  ou  the  ground  that  he 
was  no  more  entitled  to  relief  than  all  other  claimants,  who,  upon 
the  principle  recognized  iii  our  acts  of  Congress  hereiolbre,  woro 
entirely  disregarded  by  tliis  government.  It  was  contended  that 
this  government  was  bound  to  pay  for  all  depredations  in  the  de. 
struction  of  property,  whether  committed  at  the  time,  when  such 
properly  was  in  possession  of  the  military  force  of  the  United 
States,  or  not.  I  am  not  willing,  and  I  trust  the  Senate  is  not  to  go 
beyond  the  original  principle.  Now,  this  bill  provides  for  taking 
testimony  in  all  eases.  Whether  the  evidence  furnishes  the  foun- 
dation upon  which  we  have  been  in  the  habit  of  acting,  or  not  ;  and 
I  take  it,  that  the  honorable  Senator  will  insist  that  w-e  are  bound 
to  pay  for  t.'iking  all  this  testimony.  Where  are  we  to  stop  ?  I 
say  again  that  it  will  bankrupt  the  treasury  ;  I  am  opposed  to  the 
principle.  With  respect  to  tlie  bdl  belore  the  House,  if  we  should 
not  succeed  in  establishing  a  hoard  of  examiners,  let  us  pursue  the 
same  course  that  has  been  pursued  heretofore  in  relation  to  all 
claims  under  similar  circumstances, 

Mr,  UNDERWOOD,— If  the  bill  which  is  said  to  be  pending 
in  the  other  branch  of  Congress  passes  tbat  branch,  I  shall  be  in- 
clined to  vote  for  it.  But  whether  that  bill  comes  here  or  not,  my 
opinion  is,  that  this  bill,  or  something  like  it,  ought  to  be  adoptedr. 
I  was  a  member  of  the  committee  that  prepared  the  bill.  It  is 
not  exactly  the  project  that  I  presented  to  ihe  committee,  but,  be- 
cause my  particular  notions  did  not  prevail,  I  do  not  feel  the  less 
inclined  to  support  that  which  the  committee  resolved  to  present. 
It  is  not,  as  gentlemen  seem  to  suppose,  the  policy  that  claimants 
in  Florida  shall  be  placed  upon  a  different  footing  from  that  of 


642 


TEMPORARY  OCCUPATION  OF  YUCATAN, 


[Wednesday, 


claimants  in  other  parts  of  the  United  States.  It  is  not  to  dis- 
criminate in  favor  of  Florida  claims.  Far  from  it.  But  it  is  to 
prescribe  a  rule  by  which  the  interests  of  the  government  shall  be 
protected.  That  was  the  leading  motive  of  the  committee.  It 
was  the  motive  hy  which  I  was  influenced,  at  least,  and  I  take 
this  occasion  to  say  to  the  Senate,  that  unle.ss  some  such  rule  is  es- 
tablished, wc  never  shall  have  justice  administered  to  the  claim- 
ants. The  object  of  this  hill  is  to  get  clear  of  the  evil  of  ex  parte 
testimony.  And  any  gentleman  who  occupies  the  position  which 
the  Senate  has  thought  proper  to  assign  to  me,  will  see  day  after 
day,  and  hour  after  hour,  the  great  danger  thorn  is  in  doing  injus. 
tice  to  the  government,  from  the  fact  that  all  evidence  before  us  is 
ex  parte,  exhibiting  apparently  good  claims  against  the  govern- 
ment, when,  at  the  same  time,  if  they  were  thoroughly  silted, 
there  would  be  no  foundation  for  them  to  stand  upon.  Sir,  I  could 
give  you  instance  after  instance  of  this  in  regard  to  these  very 
Florida  claims.  The  establishment  of  a  commission  would,  in  my 
humble  judgment,  save  thousands  if  not  hundreds  of  thousands  of 
dollars  to  the  government.  Does  not  every  body  know  that  the 
history  of  our  judicial  proceedings  has  established  the  propriety 
and  necessity  of  rejecting  in  all  questions  between  individuals,  ex 
parte  testimony?  And  will  you  disregard  the  importance  of  a  rule 
which  has  been  sanctioned  for  a  thousand  years? 

Mr.  BERRIEN.— What  sort  of  general  system  is  proposed  to 
be  adopted? 

Mr  UNDERWOOD.— I  will  answer  the  Senator.  The  pro- 
visions of  the  law  which  I  proposed,  were  somewhat  like  these — 
that  every  private  claimant  against  the  government  shall,  in  the 
first  instance,  present  his  petition  to  the  District  Court  Judge. 
The  Judge  shall  issue  a  commission,  and  appoint  an  individual  to 
take  testimony  on  the  part  of  the  government,  and  transmit  that 
testimnny  for  the  action  of  Congress.  The  committee  did  not 
think  proper  to  adopt  this  project,  and  when  I  found  it  was  likely 
to  fail,  this  question  presented  itself  to  luv  mind.  Here  is  a  very 
numerous  class  of  cases  growing  out  of  the  Creek  and  Seminole 
war  existing  upon  the  froniier  of  the  United  States  ;  more  of  that 
class  having  been  presented  for  the  consideration  of  the  committee 
than  from  all  the  rest  of  the  Union  tosrether.  Now,  if  I  cannot 
get  a  general  law  applicable  to  all  cases,  it  seemed  to  me  good 
policy  to  get  a  law  applicable  to  this  numerous  class  of  cases. 
Not  being  able  to  g«t  all  I  wanted,  I  was  disposed  to  take  part, 
rather  than  none  at  all.  That  is  the  policy  upon  which  I  acted, 
and  it  seems  to  me  that  is  a  wise  policy  for  the  Senale  to  adopt. 
My  opinion  is,  that  if  the  matter  be  placed  in  the  hands  of  com- 
missioners industriously  disposed,  twenty  times  as  much  as  the  ex- 
penses of  the  commission  will  be  saved  to  the  government. 

On  motion  by  Mr.  HANNEGAN,  it  was 

Ordered,  That  the  further  consideration  of  the  bill  bo  postponed 
until  to-morrow- 

THE    YUCATAN    BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  the  bill  to  enable  the  President  of  the  United  States 
to  lake  temporary  military  occupation  of  Yucatan. 

Mr.  DIX. — Mr.  President,  I  said  yesterday,  when  I  ofTered  the 
amendment  which  you  have  just  announced  as  the  question  first 
to  be  decided  by  the  Senate,  I  should  be  quite  willing  that  the 
vote  should  be  taken  upon  it  without  discussion  ;  but  that  if  the 
debate  proceeded,  I  should  have  something  to  say  in  support  of 
my  motion.  I  find  the  wliole  subject  is  to  be  further  discussed  ; 
and  so  many  enquiries  have  been  addressed  to  mc,  by  members  of 
this  body,  in  relation  to  the  particular  object  of  the  amendment, 
that  I  feel  myself  called  on  to  explain  it.  I  shall,  at  the  s:iiTie 
time,  avail  myself  of  the  opportunity  to  nif.ke  some  remarks  upon 
the  general  question.  In  doing  so,  I  feel  that  I  shall  labor  under 
some  disadvantage,  as  J  was  not  present  during  the  first  week  of 
the  discussion,  and  have  not  had  time  since  to  read  the  printed 
report  :  so  that  it  is  possible  I  may,  in  the  remarks  I  shall  make, 
cover  ground  which  has  already  been  better  occupied  by  others. 

The  question  presented  to  us  by  the  bill  we  are  considering,  is 
not  in  itself  a  very  simple  one  ;  and  it  appears  to  mo  that  it  lias 
been  converted,  perhaps  not  unnecessarily,  into  one  of  still  greater 
complexity.  I  shall  endeavor,  in  what  I  have  to  say,  to  divest  it 
of  some,  at  least,  of  its  complications. 

The  State  of  Yucatan  is  distracted  by  an  internal  conflict  be- 
tween the  dilfercnt  classes  of  which  her  population  consists.  She 
has  applied  to  us,  and  to  other  nations  for  aid  ;  and  she  tenders 
her  political  sovereignty  to  any  power  which  will  take  her  under 
its  protection.  Sir,  there  can  be  no  higher  evidence  of  the  hope- 
lessness of  the  condition  to  which  she  is  reduced,  and  I  recollect 
no  other  instance,  in  mod./rn  limes,  at  least,  in  which  a  State  has 
offered  to  surrender  its  nationality  to  a  fnreign  power,  for  the  pur- 
pose of  being  protected  against  itself.  The  President  has  called 
our  ateniion  to  the  subject  in  a  special  message  ;  and  I  think  ho 
would  have  been  indefensible  if  he  had  not  done  so.  He  submits 
no  proposition  to  us,  but  leaves  if  to  the  judgment  of  Congress 
to  determine  what  measures  shall  bo  adopted  to  prevent  Yucatan 
from  becoming  the  colony  of  a  European  power,  and  to  rescue  the 
while  race  from  extermination  or  expulsion.  The  Committee  on 
Foreign  Relations,  in  pursuance  of  the  sut;gostionof  the  President, 
has  reported  a  hill  authorizing  him  to  talto  temporary  possession, 
or  occupation  of  the  country,  and  providing  arms,  munitions  of 
war,  ordnance,  and  troops  for  that  purpose. 


The  first  suggestion  which  occurs  to  us,  is,  that  this  is  an  inter- 
nal dispute,  in  which,  under  ordinary  circumstances,  we  could  not 
properly  take  part.  We  insist  on  the  principle  of  non-intervention 
in  the  afTairs  of  other  independent  States.  We  hold  every  viola- 
tion of  this  principle,  to  be  an  offence  against  the  common  order, 
and  the  common  tranquility  of  civilized  society.  We  insist  upon  its 
observance  by  other  nations.  Our  first  duty,  then,  is  to  observe  it 
ourselves. 

Is  there  any  thing  in  the  peculiar  relations  of  Yucatan  to  the 
United  Slates,  and  to  Mexico,  which  would  authorize  us  to  inter- 
pose and  perform  a  high  duly  of  humanity,  without  violating  the 
rule  I  have  slated.  Upon  the  solution  of  this  question,  the 
propriety  of  our  interference  mainly  depends.  In  my  judgment, 
iVom  the  examination  which  I  have  been  able  to  give  to  the  sub- 
ject, the  circumstances  do  warrant  our  interference  in  some  effi- 
cient mode  ;  and  I  shall  be  happy,  if  I  can  succeed  in  making  this 
conviction  as  apparent  to  the  inind  of  the  Senale,  as  it  is  to  my 
own.  In  attempting  to  do  so,  it  will  be  necessary  to  examine  the 
relations,  past  and  present,  of  Yucatan  to  Mexico,  and  the  exist- 
ing relations  of  both  to  us. 

Yucatan,  I  believe,  was  never  comprehended  in  the  yiee-royalty 
of  Mexico,  under  the  old  Spanish  dominion — at  all  events,  except- 
ing for  purposes  of  revenue.  She  was  under  a  separate  govern- 
ment, or  eaptain-generalcy,  and  communicated  directly  with  the 
court  of  Madrid.  In  1821,  she  succeeded  in  establishing  her  in- 
dependence wi'hnut  the  aid  of  Mexico  ;  and  when  the  empire  was 
formed  under  Iturhidc,  she  became  united  to  it  under  certain  con- 
ditions. On  the  fall  of  Iturhidc,  and  the  dissolution  of  the  empire, 
she  again  became  independent.  When  the  constitution  of  1824 
was  adopted  by  the  United  Mexican  Stales,  she  became  a  mem- 
ber of  the  confederation,  with  ihe  distinct  declaration,  that  her 
connexion  with  it  should  continue  only  so  long  as  that  constitu- 
tion was  jireserved  inviolate.  In  1834,  when  the  constitution  of 
1824  was  subverted  by  Santa  Anna,  she  became  independent  a 
third  time.  But  an  army  was  sent  against  her  by  Santa  Anna,  I 
believe  under  the  command  of  his  brother-in-law  ;  Merida,  the 
capital,  was  taken,  her  militia  disbanded,  some  of  her  principal 
citizens  banished,  and  she  was  in  fact  reduced  to  the  conduion  of 
a  military  despotism  under  the  authority  of  the  central  govern- 
ment of  Mexico.  The  same  attempt  was  made  on  Texas,  who 
was  happily  more  successful  than  her  southern  sister,  in  repell- 
ing it. 

This  state  of  things  oonlinued  until  1840,  when  Y'licalan  threw  off 
hei  subjection,  proclaimed  her  constitution,  and  was  on  ihe  point  of 
declaring  her  independence,  when  a  negotiation  was  entered  into 
with  Mexico,  which  resulted,  in  1841,  in  a  treaty  leaving  her  a  part 
of  Mexico,  hut  with  certain  separate  powers  in  respect  to  her  con- 
stitution and  laws,  and,  I  believe,  especially  in  regard  to  her  reve- 
nue, which  was  left  independent  of  the  general  revenue  system  of 
the  republic.  This  treaty,  though  executed  by  commissioners  on 
both  sides,  and  agreed  to  by  Y^ucatan,  was  never  ratified  by  Mex- 
ico ;  and  in  1842  another  army  was  sent  into  Y'ucalan — Merida  was 
again  invested — Campeachy  was  bombarded  for  several  months  ; 
but  in  the  following  year,  the  Mexican  forces  were  defeated  or 
withdrawn  ;  and  at  the  close  of  1843,  sha  became  again  united  to 
Mexico,  with  some  reservations  of  sovereignty  beyond  those  pos- 
sessed by  the  other  Mexican  Slates,  In  consequence  of  the  bad 
faith  of  ihe  Mexican  government,  and  the  differences  ifjat  were 
constantly  springing  up  between  them,  she  declared  on  the  first  of 
January,  1846,  the  connection  dissolved  ;  and  in  March  of  that 
year,  when  war  between  the  United  States  and  Mexico  was  con- 
sidered imminent,  she  refused  to  furnish  men  and  money  on  the 
requisition  of  the  central  government.  In  August,  1846,  about 
two  months  after  the  commencement  of  Ihe  war,  an  extraordinary 
Congress  was  convoked  in  Yucatan,  chiefly  through  the  influence 
of  the  friends  of  Santa  Anna  who  was  then  in  Cuba,  and  by  a 
majority  of  one  vote  he  was  declared  to  be  the  President  of  Mex- 
ico. This  decree,  however,  was  soon  after  annulled — and  the  dec- 
laration of  the  first  of  January,  1846,  was  revived  and  ratified  with 
the  popular  sanction.  From  the  commencement  of  the  war,  there- 
fore, except  for  the  very  brief  period  I  have  mentioned,  Yucatan 
has  maintained  an  attitude  of  strict  neutrality. 

Notwithstanding  these  repeated  charges,  1  doubt  whether  the 
severance  of  the  political  relation  of  Yucatan  with  Mexico  can  be 
considered  complete.  Her  withdiawal  from  the  Union  has  never 
been  sanctioned  by  Mexico  :  nor  is  it  quite  apparent  that  herposi. 
lion,  past  or  present,  carries  with  it  the  attributes  of  an  enect- 
ive  and  an  unqualified  independence.  In  a  qualified  sense,  indeed, 
she  may  be  said  to  have  been  independent ,  hut  we  have  constantly 
treated  her  as  a  part  of  the  Mexican  republic,  though  abstaining 
from  acts  of  hostility  against  her  on  account  of  her  refusal  to  take 
part  in  the  war  against  us.  She  complains,  that  while  not  consid- 
ering Jier  as  an  enemy,  we  have,  nevertheless,  nor  treated  her  as  a 
friend  or  a  neutral.  We  have  uccupicd  the  poit  of  Laguna.  in 
the  Island  of  Carmen — one  of  the  islands  which  nearly  shuts  out 
Lake  Terminos  from  the  southern  portion  of  the  Gulfof  Mexico. 
The  ground  of  this  occiiputiim  on  cur  part,  was.  that  a  trade  in 
contraband  was  earned  on  between  that  port  and  Tabasco,  which 
was  hostile  to  us,  and  which  borders  on  Lake  Terminos. 

Such,  then,  is  the  political  condition  of  Yucatan,  an  integral 
portion  of  Mexico,  having  no  active  participation  in  the  war  against 
us,  and  maintaining,  for  the  most  part,  a  strict  neutrality.  The 
peculiar  relation  in  which  Yucatan  stands  to  Mexico,  and  to  us, 
undoubtedly  complicates  the  question  of  our  inicrfcrcnco  in  her 
domestic  afl'airs.  We  have  entered  into  a  treaty  with  Mexico  ; 
and  although  we  are  not  permitted  here,  to  speak  definitely  with 


May   17.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


643 


regard  to  its  stipulations,  enoucli  bas  been  made  puhlic  in  a  legit- 
imate way,  to  sliow  that  we  are  preclndcd  from  undertaking  any 
hostile  enterprise  against  any  portion  of  the  Mexican  territory  or 
people.  An  armistice  has  been  agreed  on,  and  is  now  in  force, 
preparatory  to  the  evacuation  of  the  country,  in  case  the  treaty  is 
ratified.  These  facts  have  become  inatters  of  public  notoriety, 
not  through  the  action  of  this  bodv,  but  through  the  nets  of  the 
two  governments,  legitimately  performed  in  execution  of  the  pre- 
liminary articles  of  agreement.  Under  these  circumstances,  it 
appears  to  me,  that  the  military  occupation  proposed  by  the  bill, 
even  though  temporarv,  may  be  considered  incnmpaiihie  with  a 
strict  construction  of  the  treaty.  As  I  have  alreadv  said,  we  have 
conManily  treated  Yucatan  as  a  part  of  Mexico.  The  President 
so  considers  her  in  his  special  message  calling  our  attention  to  the 
subject.  This  being  conceded^,  the  stipulations  of  the  treaty  are 
as  applicable  to  her  as  to  any  other  department  or  Slate  of  the 
Mexican  republic.  We  can  only  do  in  respect  to  her,  what  we 
may  do  in  respect  to  Jalisco,  Tobasco,  or  any  other  ol  the  Mexi- 
can States.  Miliiary  occupation,  in  its  commonly  received  sense, 
implies,  if  carried  out,  a  displacement  or  subversion  of  the  existing 
government.  Ii  would  be  no  defence  to  say  that  Yucatan  volun- 
tarily submits  to  our  power.  ShouM  we  be  authorised,  this  treaty 
being  in  force,  to  occupy  by  military  force  the  State  of  Tobasco 
for  instance,  if  the  local  government  were  willing  to  submit  to  us? 
No,  sir.  I  apprehend  that  the  sanction  of  the  centra!  government 
would  be  necessary  to  warrant  it.  In  like  manner,  Yucatan,  be- 
ing a  part  of  Mexico,  it  appears  to  tne  thai  the  military  occupa- 
tion of  that  State  by  us  would  require  the  sanction  of  the  central 
government.  This  rigid  construction  of  the  treaty  may  seem 
technical  and  over-scrupulous.  Perhaps  it  is  so.  But  in  all  mat- 
ters involving  the  inviolability  of  international  engagcinents,  the 
strictest  perlorniance  of  stipulations  is  not  only  the  part  of  pru- 
dence, but  of  imperative  duty.  We  should  afford  no  pretence  for 
imputing  to  us  an  act  of  bad  faith.  Now,  it  is  only  to  the  form 
of  the  interposition — to  miliiary  occupation  and  ils  incidents — that 
I  object.  And  I  trust  my  friend  from  Indiana,  the  chairman  of 
the  Committee  on  Foreign  Relations,  [Mr.  Hanneoan,]  will  not 
adhere  to  the  first  section  of  tlie  bill  with  tenacity,  if  he  shall  be 
satisfied  that  there  is  any  o'her  form  of  intervention  which  is 
unobjectionable,  and  that  will,  at  the  same  time,  accomplish 
the  same  end — which  will  avoid  all  pretext  lor  the  imputation  of 
violating  the  treaty,  and  yet  enable  us  to  efl'cct  every  legitimate 
object  of  the  interposition.  And  here  I  desire  to  say,  that  I  ap- 
prove of  the  first  and  second  sections  of  the  hill,  providing  arms, 
iiiunilions  of  war,  and  troops,  to  put  an  end  to  the  war  of  devasta- 
tion in  Yucatan.  I  know  nothing  more  revolting  in  the  history  of 
modern  times,  tlian  the  exterminating  warfare  carried  on  by  the 
aboriginal  against  the  European  races.  Neither  age  nor  sex,  nor 
even  the  sanctity  of  religion  is  respected.  The  infant  is  slaughter- 
ed at  the  mother's  breast;  the  priest  is  immolated  at  the  altar.  It 
is  not  legitimate  warfare;  it  is  cold-blooded,  atrocious  murder. 

So  far  as  we  are  permlrted,  by  international  obligations  and  by 
constitutional  forms  of  political  organization  at  home,  I  am  dis- 
posed to  interfere  for  the  purpose  of  putting  an  end  to  transactions 
so  repugnant  to  every  dictate  of  humanity,  and  every  principle  of 
civilization.  I  am  willing  to  vote  for  the  2d  and  3d  sections  of  the 
bill.  For  the  1st  section,  I  have  proposed  a  subslitute,  which  I 
will  now  read  : 

Strikeout  nil  the  firit  section  after  tlie  enncting  clause,  anti  insert  the  following: 
"  That  the  President  of  tlie  Unile'l  Slates  be  authorized  to  etnploy  the  army  and  navy 
of  tlie  United  States  to  aid  in  putting  an  end  to  the  war  of  devastation  in  Yucatan  : 
Provided,  the  aid  hereby  aulhotized  be  rendered  in  concurrence  with  the  government 
of  that  Stale." 

The  difference  between  the  original  section  and  the  substitute 
is  this:  the  former  authorizes  the  President  to  take  military  oc- 
cupation or  possession  of  Yucatan.  The  substitute  authorizes  him 
to  emplov  the  army  and  navy  to  assist  the  government  of  Yucatan 
in  putliiig  an  end  to  the  unnatural  warfare  earned  on  within  that 
State.  In  the  first  ease,  tne  govevnraeut  would  be  virtually  super- 
ceded; in  the  second,  we  shoulil  act  in  conjunction  with  it  And, 
sir,  if  we  should  decide  to  act.  I  should  entertain  a  strong  hope 
that  our  interposition  might  be  speedily  eflvcted.  With  the  moral 
power  of  our  victories  in  Mexico,  a  discreet  officer  going  there, 
as  much  in  the  capacity  of  pacificator  as  a  combattant,  might, 
aided  by  a  small  force,  bo  able  to  restore  harmony  and  peace  be- 
tween the  contending  parlies 

But  for  the  ireaty  with  Mexico,  and  the  armistice  enter.ed  into 
■with  a  view  to  its  execution,  I  think  the  President  would  be  fully 
authorized,  in  the  conduct  ofthe  war.  to  do  all  that  is  proposed  by 
the  bill.  It  is  the  peculiar  relation  in  which  we  stand  to  Mexico, 
of  which  Yucaian  is  a  part,  which  presents,  in  my  judgment,  an 
impediment  to  military  occupation.  As  it  is,  the  treaty  bein.g  in 
force,  t  think  if  we  had  troops  to  spare  in  Mexico,  they  might  bo 
sent  into  Yucatan  by  the  President,  to  aid  the  government  in  bring- 
ing about  a  termination  of  hostilities.  If  the  Indians  should  at- 
tack the  Mexican  settlements  in  Coahuila  or  Durango,  or  any 
other  portion  of  the  republic,  does  any  one  doubt  that  we 
might  detach  a  portion  of  onr  troops  in  Mexico  to  aid  those  settle- 
ments in  defending  themselves,  without  violating  the  armistice  or 
the  treaty?  It  would  be  an  act  of  friendship  and  of  mercy — not 
an  act  of  hostility;  and  it  is  only  against  offensive  operations,  that 
the  treaty  and  the  armistice  are  intended  to  guard.  The  honora- 
ble Senator  from  Mississippi,  [Mr.  Davis,]  suggests  that  the 
terms  of  the  armistice  require  that  we  should  interpose,  whenever 
a  necessity  arises,  to  protect  any  part  of  the  Mexican  republic  from 
the  inoursions  or  attacks  of  the  Indians,  that   we   have  so  inter- 


posed, and  he  considers  it  to  be  applicable  to  this  case.  Under 
this  view  ofthe  subject,  the  interposition  of  Congress  is  required, 
rather  with  a  view  to  provide  the  President  with  the  means,  than 
to  confer  upon  h'm  the  anthority  to  act.  But,  in  placing  the  army 
and  navy  at  his  disposal,  for  a  special  purpose  by  law,  it  seems  pro- 
per to  define  the  conditions  under  wliich  they  shall  be  employed. 
This  is  done  by  the  substitute,  which  declares  that  he  shall  act 
with  the  concurrence  of  the  government  of  Yucatan.  Thus  all 
pretence  of  violating  the  treaty  or  the  armistice  will  bo  obviated. 

Is  there  any  \*iolalion  of  international  obligations,  so  far  as  they 
depend  <•  principles  of  public  law,  in  extending  to  Yucatan  the 
required  assistance  ?  I  thmk  not.  Wo  are  already  in  the  occu- 
pation of  a  portion  of  Yucatan.  Our  fleet  has,  for  a  longtime, 
been  in  possession  of  Laguna,  and  thus  commanded  a  large  portion 
of  the  coast.  We  have  exercised,  not  only  military,  but  political 
authority  there,  holding  stations,  imposing  duties,  and  collecting 
revenue.  Indeed,  Yucatan  complains,  that  by  this  very  assump- 
tion, or  exercise  of  authority,  we  have  deprived  her  of  her  reve- 
nues, and  diminished  her  ability  to  provide  against  the  exigen- 
cies in  which  she  is  placed.  This  is  one  of  the  grounds  on  which 
she  appeals  to  us  lor  succor.  She  asks  us  to  give  back  to  her,  in 
one  way,  the  means  we  have  taken  from  her  in  another.  In  this 
view  of  the  suliject,  it  is  as  much  redress  as  aid,   which  she  seeks. 

Sir,  I  think  there  is  some  truth  in  what  she  says.  But,  whether 
that  be  so  or  not,  the  very  fact  that  we  are  in  the  occupation  of  a 
portion  of  Yucatan,  takes  the  whole  case  out  of  the  ordinary  rule  of 
non-intervention.  We  occupy  one  of  her  sea  ports  under  the  laws 
of  war.  To  aid  the  existing  government  under  such  circum- 
stances, in  subordination  to  its  own  wishes,  in  restoring  tranquility 
and  putting  an  end  to  domestic  dissensions,  cannot  be  deemed  a 
violation  of  the  rule,  that  one  nation  sliiill  not  interfere  in  the  do- 
mestic concerns  of  another.  Indeed,  but  for  the  treaty,  we  might 
interfere  without  the  consent  of  the  government,  having  already 
partial  occupation.  It  is  only  the  obligations  arising  under  it  that 
make  such  consent  necessary  at  all. 

If  we  were  at  peace  with  M,2xico  and  Yucatan,  I  confess  I 
should  very  much  doubt  whether  we  could,  on  any  consideration 
of  humanity,  interpose  between  parties  engaged  in  intcsline  conflict 
with  each  other,  however  strong  onr^nclination  might  be.  I  will 
not  say  that  there  are  not  obligations  of  duty  to  our  fellow  men, 
which  rise  above  all  the  restraints  of  political  organization  and  gov- 
ernment. But  it  must  be  a  very  extrem^case,  which  can  author- 
ise us,  even  from  motives  of  humanity,  to  exercise  powers  not  ex- 
pressly conferred  by  the  constitution  and  laws,  by  which  wo  are 
govcriied.  Nothing,  perhaps,  short  of  an  exigency  threatening  to 
uproot  the  very  foundations  of  civilized  society,  or  concerning  our 
own  self-preservation,  would  warrant  any  other  than  a  strictly  con- 
stitutional exercise  of  power.  But  I  see  no  such  einbarrassment 
in  this  case.  Under  the  laws  of  war — by  virtue  ofthe  occupation 
of  one  portion  of  Yucatan — it  appears  to  me  that  we  luay  perform, 
in  respect  to  any  other  portion,  every  obligation  which  humanity 
dictates  and  enjoins.  I  have  no  hesitation,  therefore,  so  far  as  the 
rio-ht  of  interposition  is  concerned,  to  vote  for  the  second  and  third 
sections  of  the  bill,  and  I  am  willing  to  vote  for  the  first  section 
so  amended,  as  to  make  our  interposition  subordinate  to  the  gov- 
ernment of  Yucatan,  to  make  it  an  act  of  friendship  to  her.  without 
being  an  act  of  hostility  to  Mexico. 

Mr.  President,  in  discussing  the  bill  providing  for  the  satisfac- 
tion of  certain  claims  in  California,  I  slated  that  the  Indians  in 
Yucatan  were  abundantly  supplied  with  arms  ;  and  that  some  of 
these  arms  were  of  British  manal'acture.  I  did  not  intend  to  inti- 
mate that  they  were  furnished  by  the  government  of  Great  Bri- 
tain, or  by  agents  acting  under  her  direction  or  authority.  I  sup- 
posed then,  as  I  suppose  now,  that  they  were,  for  the  most  part, 
procured  from  British  traders  at  Balize,  in  the  way  r.f  exchange  ; 
and  I  have  been  confirmed  in  that  belief  by  an  article  in  a  British 
newspaper  published  at  Kingston.  Jamaica,  stating  that  an  ex- 
terminating war  was  carried  on  by  the  Indians  in  Yucatan,  by 
means  of  arms  procured  from  British  traders,  and  condemning  the 
latter  for  engaging  in  a  traffic  which  was  the  source  of  so  much 
wanton  violence  and  inhumanity. 

By  another  article  taken  from  the  same  paper,  it  appears  that  a 
commissioner  has  been  sent  Irom  Yucatan  to  Balize,  to  invoke  the 
observance  of  treaty  stipulations  by  Great  Britain,  in  respect  to  the 
sale  of  arms  and  ammunition  to  the  Indians.  I  will  read  it  to  the 
Senate : 

"  The  Indians  had  been  w,ii:in<;  a  destructive  war  witii  the  while  inhabitant!  of  the 
State  of  Yucatan,  and  had  destroyed  the  large  villages  of  Ajoineo  and  Ychniul,  and 
possessed  themselves  of  almost  ail  the  towns  to  the  eastward  of  Peto  and  Vahadoiid. 
A  commissioner  lias  arrived  at  Bahze,  Honduras,  from  Yucatan,  to  prevent,  if  jiosil- 
ble,  the  sale  of  arras  or  warlike  stores  to  the  Indians."      * 

This  traffic  has  been  carried  on  in  violation  of  an  ancient  treaty 
with  Spain  ;  and  not  very  ancient  either.  By  the  ireaty  of  Lou- 
don, 1786,  it  was  expressly  stipulated  by  Great  Britain  that  sha 
would  strictly  prohibit  all  her 

"  Subjects  from  furnishing  arms  or  svartifce  stores  to  the  Indians  in  general  situated 
upon  the  I'rontiets  of  the  Spanish  possessions." 

Mr.  Sierra,  in  one  of  his  notes  to  Mr.  Buchanan,  states  that  th» 
British  authorities  at  Balize,  have  consented  to  prohibit  the  sale  of 
arms  and  ammunition  to  the  Indians,  though  he  expresses  a  doubt; 
whether  the  assurance  will  be  observed  in  good  faith.  I  should 
have  inferred  from  the  assurance  thus  given,  that  the  obligations  of 
the  treaty  referred  to,  were  recognized  as  of  binding  force,  though  _ 
the  pledge  might  have  been  given  from  motives  of  humanity. 

But  lUnd  by  an  article  in  the  Times,  a  newspaper  published 


6-14 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Wednesday, 


at  Balize,  tliat  the  British  authorities  have  refused  to  recopnise 
the  obligation  of  the  treaty  of  17S6.  I  will  read  an  extract  from 
it,  that  what  I  say  may  not  be  misunderstood  : 

"  We  ontierstand  that  Mr.  Peon  has  been  appointed  bv  the  government  nf  Yucatan' 
on  speuial  mission  In  Her  Majesty's  sapurintendent,  to  daim  for  his  gov-rnment  the 
lienefit  of  the  treaty  of  178ti,  entered  into  between  their  majesties,  the  kings  ot  Great 
Britain  and  Spain.  In  that  tre,a1y  tliere  is  a  clause  wliich  v.-ou!d  appear  to  bear  directly 
on  the  existing  slate  ofafiairs  in  Yucatan.     It  is  to  the  following  effect." 

Here  follows  the  stipulation  which  I  have  quoted.  The  Times 
then  continues  : 

■ '  We  are  anable  to  cointnuiiicate  tire  ground',  on  whicli  we  iearn  that  1^  M.ajea- 
tys  superintendent  has  declined  to  admit  the  present  applicability  of  the  treaty.  It 
must  be.  however,  l«nown  to  alt.  that  none  of  the  neighboring  Spanith  repnlriics  can 
be  property  said  to  have  inherited  tlie  rights,  whieli  the  Spanish  crown  possessed  in 
tliis  part  of  the  world.  As  a  (|uestion  of  humanity,  however,  it  is  much  to  be  desired 
that  all  tlie  caution  which  can  be  exercised  by  our  merchants,  should  be  exercised  to 
prevent  powder  or  arms  lieing  sold  to  the  Indians;  and  even  as  a  matter  of  mercantile 
speculation,  we  thinti  that  it  writ  even  usually  be  of  more  importance  to  our  trade 
with  Yucatan,  to  aid  in  re-establishing  order  in  that  province,  by  refusing  to  supply 
the  Indians.  We  subjoin  some  furtlier  lemarks,  wliieli  w<^  Itave  received  on  this 
sul'jecl." 

These  remarks  are  in  the  nature  of  a  strong  appeal  to  the  hu- 
manity of  the  merchants.  It  does  not  appear  by  tliis  article  what 
effort  the  British  aulliorities  at  Balize  have  made,  if  any, to  prevent 
the  sale  of  arms  and  ammunition  to  the  Indians.  But  it  does  ap- 
pear, th.at  they  deny  the  obligation  of  tlie  trealy  of  1786.  And, 
rcrtainlv,  the  interence  is,  that  they  have  not  irilerposod  li-om  mo* 
tives  of  iiumanity,  and  prohibited  the  iraflic;  for,  if  they  had,  this 
appeal  by  a  newspaper  to  the  humanity  of  the  merchants,  w-ould 
have  been  superfluous. 

Mr  President,  it  would  be  a  very  harsh  judcment  to  suppose  that 
the  British  authorities  at  Balize  had  eneouracred  this  Irafiic  lor 
the  purpose  of  exjicliinj^  the  Spanish  race,  and  thus  facilitating  the 
extension  of  the  doiuinion  of  their  own  sovereign.  Even  if  it  were  for 
the  interests  of  Great  Britain  to  do  so,  sucli  a  .supposition  should 
not  be  inade  without  the  strongest  evidence.  But,  sir,  I  do  not 
think  it  unreasonable  or  harsh  to  suppose  this  contest  is  encourag- 
eil  by  British  traders,  who  have  pecuniary  interests  there,  and 
whose  gains  might  be  increased  by  the  expulsion  of  the  Spanish 
race  ;  for,  in  that  event,  the  whole  peninsula  would  fall  uniler  the 
dominion  of  the  Indians.  Brit^h  subjects  would  more  readily  gain 
a  foothold  there  ;  having  once  gained  it,  thev  W'ould  be  protected 
by  their  government,  and  it  would  not  be  surprising  to  see  the  pro- 
tection of  Great  Britain  extended  over  the  Indian  population.  It 
appears  to  me  that  we  cannot  doubt  -such  a  probability  without 
wilfully  closing  our  eyes  against  light.  This  process  of  extension 
is  in  proiiress  at  the  very  moment  when  we  are  diseussino-  and 
doubting  it.  Let  trie  state  a  lew  facts  in  reference  to  the  settle- 
ment at  Balize.  lo  which  I  have  already  referred.  It  was  first 
recognized  specifically  as  a  British  settlement  by  the  treaty  of 
Versailles  in  17S3,  thouuh  there  is  a  provision  in  the  tripartite 
treaty  of  1763,  (that  which  terininated  the  old  French  war  here,) 
recognizing  the  right  of  Great  Britain  to  occupation  in  that  quar- 
ter generally.  But  the  treaty  of  1783  is  the  first  in  which  the  set- 
tlement is  distinctly  recognized.  The  right  of  occupation  was 
given  for  a  specific  purpose.  It  gave  only  the  right  to  cut  Ion- 
wood,  build  houses  and  magazines  for  the  convenience  of  the  work- 
men and  their  lamilies,  and  to  enjoy  a  free  fishery  for  their  subsist- 
ence on  the  coast.  Great  Britain  expressly  stipulated  to  demol- 
ish all  Ibrtificalions,  if  there  were  any,  and  to  erect  no  more.  The 
sovereignty  of  Spain  was  expressly  reserved.  The  limits  of  the 
territory,  in  wliich  these  advantages  were  to  bo  enjoyed,  were 
carefully  defined.  I  have  traced  them  on  the  map,  and  I  find  they 
did  not  exceod  an  area  of  two  thousand  square  miles,  if  the  rivers 
Hondo  and  Balize,  the  northern  and  southern  boundaries,  are  ne- 
eurately  laid  down.  By  the  treaty  of  17S6  they  were  extended 
south  to  the  river  Sabnn,  making,  at  the  utmost,  an  area  of  four 
or  five  thousand  square  miles.  According  to  Arrowsroith's  Lon- 
don Atlas,  published  in  1,S40,  that  settlement  has  an  area  of  four- 
teen thousand  square  iriilcs — three  times  its  original  extent. — 
Nor  is  this  all.  By  the  EncyclopcEdia  Bntanniea  and  Martin's 
British  Colonies,  it  is  claimed  to  have  an  area  of  more  than  62,000 
square  luiles — a  surface  exceeding  that  ol  the  entire  Peninsula  of 
Yticiilan.  In  what  direction  it  is  proposed  to  extend  the  settle- 
ment ill  order  to  comprehend  these  sixty  or  seventy  thousand  square 
miles  of  surlacc,  does  not  appear.  It  is  left  in  doubt  by  the  re- 
spectable authorities  I  have  named,  under  the  most  unneographi- 
cul  declaration  that  "the  inland  boundaries  are  ill  defined."  thoueh 
they  were  most  critically  defined  by  the  tteatics  of  I7S3  and  1786. 
With  this  shadowy  boundary,  which  leaves  every  thing  undeter- 
uiined,  excepting  on  the  side  of  the  Bay  of  Honduras,  the  sea, 
where  nature  has  drawn  ,fi  line,  which  man  cannot  make  uncertain, 
it  may  be  defined  hereafter  according  lo  circumstances.  They 
may  be  extended  north  into  Yucatan,  south-west  into  Guatemala, 
or  south-east  iiitu  Honduras,  and  in  the  latter  case  form  a  junction 
with  the  territories  of  the  Musquito  king. 

And,  by  the  way,  the  name  of  this  newly  created  sovereign  re- 
minds me  that  there  are  some  indications  of  extension  further 
south,  which  are  not  very  easily  discredited.  By  the  treaty  of 
Versailles.  Great  Britain  stipulated  that  her  subjects  should  aban- 
don all  other  portions  of  the  Spanish  eonlinent  and  retire  within 
the  limits  of  the  settlement  at  Balize.  By  the  treaty  of  London 
she  itipulated  to  evacuate  the  country  of  the  Munquitos  co  nomine 
as  well  as  the  continent  in  general,  and  the  islands  adjacent  with- 
out exception.  I  believe  she  did  evacuate  them,  and  I  am  not 
nware  that  she  has  occupied  the  country  of  the  Musquitos  acain 
in  her  own  name.  But  she  has  done  what  is  equivalent  to  occu- 
pation ;  she  has  taken  the  king  of  tho  Musquitos  under  her  protec- 


tion ;  she  has  assumed  to  define  the  limits  of  his  dominions  ;  she 
has  given  notice  to  the  Central  and  South  American  governments 
that  they  are  not  to  interfere  with  those  limits  ;  she  has  sent  ships 
to  the  coast  and  troops  into  the  interior,  maintaining  the  form- 
er there  under  the  name  of  the  Musquito  navy.  She  is  encroach- 
ing on  the  Central  American  states,  attacking  forts,  appropriat- 
ing territory,  and  making  war  on  the  people.  It  is  only  about  a 
month  ago  that  we  learned  she  had  attacked  and  taken  possession 
of  the  town  of  Nicaragua,  and  killed  some  seventy  or  eighty  of 
the  Central  Americans.  She  has  recently  sent  black  troops  there, 
not  only  from  Jamaica,  but  from  New  Providence  on  the  confines 
of  Florida,  to  maintain  the  authority  of  the  Musquito  king,  the 
chief  of  a  band  of  naked  Indians,  himself  scarcely  more  elevated 
on  the  social  scale  than  his  followers,  yis  throne  a  sand  hill,  his 
sceptre  a  reed,  his  robe  a  blanket,  he  puts  armies  and  fleets  in  mo- 
tion, speaks  to  the  nations  through  the  mouths  ofBritish  diploma- 
tists, and  invades  the  territories  of  neighboring  states  by  sea  and 
land,  with 

— "  royal  banner,  and  all  quality. 

Pride,  pomp,  and  circumstance  of  glorious  war." 

I  do  not  hesitate  to  say  that  so  broad  a  farce  as  this  has  never  been 
enacted,  with  so  much  gravity,  by  a  respectable  state.  It  would 
be  a  farce  under  all  its  aspects,  were  it  not  for  the  encroachments 
upon  the  Central  American  states,  of  which  it  is  the  source.  To 
them  it  is  a  matter  ol  the  most  serious  import,  and  it  has  met  their 
solemn  and  repeated  protests. 

[Note. — It  is  due  to  fairness,  ina.smuch  assoine  of  the  arguments 
contained  in  the  text  are  drawn  from  const  ructions  put  upon  treaties 
and  other  public  records  by  the  Central  and  South  American 
states,  to  exhibit  the  grounds  on  which  Great  Britain  rests  her 
claim  to  the  authority  she  is  exercising  in  the  country  of  the  Mus- 
quitos.    They  are  as  follows  : 

1st.  "Sometime  nfter*the  conquest  of  Jamaica  by  the  expedi- 
tion sent  forth  by  Oliver  Cromwell  in  1656,  the  Musquito  king, 
with  the  concurrence  of  his  chiefs  and  people,  placed  themselves 
under  the  protection  of  Charles  the  Second  ;  and  tho  governor  of 
Jamaica,  in  the  name  of  his  sovereign,  accepted  this  union,  and 
promised  them  the  royal  protection." 

2d.  In  1749  a  fort  was  erected  by  a  British  force  frotu  Jamaica, 
and  the  royal  flag  was  hoisted,  ''thus  making  a  formal  publication 
to  all  the  world,  and  to  the  crown  of  Spain,  that  the  independent 
country  of  the  coast  was  under  the  direct  sovereignty  and  protec- 
tion of  Great  Britain." 

3d.  "  From  this  time  until  the  conclusion  of  the  war  of  1756, 
the  Musquito  shore  continued  to  be  a  military,  federal,  protected 
province  of  Great  Britain." 

4th.  In  1675  a  council  of  government  was  appointed,  a  court  of 
common  pleas,  &c. 

5th.  The  Musquito  nation  was  never  subjugated  by  Spain,  but  al- 
ways retained  its  independent  character  ;  and  "  the  Musquito  ter- 
ritory is  still  an  independent  country,  and  one  over  which  Spain 
never  had  rhe  least  control  or  occupation." 

6ih.  "  None  of  the  anarchical  states  of  Central  America  have 
any  right  by  occupation,  or  by  recognition,  to  the  Blusquito  coun- 
try." ' 

7lh.  "  It  is  clearly  shown  in  the  works  of  writers  well  acquain- 
ted with  tho  Musquito  shore,  such  as  Dampier,  Falconer,  Trobis- 
hcr,  Bryan  Edwards,  Hodgson,  and  others,  that  the  tribes  under 
the  Musquito  kings  have  been  independent  ever  since  the  downfall 
of  Moniczuma,  and  have  had  a  recognized  territory  appertaining 
to  themselves,  and  governed  by  laws  administered  by  their  own 
hereditary  kings." 

These  are,  in  brief,  the  grounds  of  the  British  claim  to  the  pro- 
tection she  is  exercising  over  the  Musquito  territory,  and  more 
especially  ''of  the  proceedings  of  the  British  naval  forces  at  St. 
John's  on  the  Musquito  coast,"  and  they  are  stated  in  her  own  lan- 
guaue.  The  quotations  above  made  are  chiefly  from  Macgregor's 
Progress  of  America,  739  et  seq. 

It  is  unnecessary  to  add  that  some  of  the  material  facts  are  con- 
tradicted by  the  States  of  Central  America. 

In  respect  to  the  town  and  river  of  San  Juan  de  Nicaragua, 
Great  Britain  contends  that  the  government  of  Central  America 
first  sent  a  force  down  lo  San  Juan,  and  established  a  custom 
house  on  the  north  side  of  the  river,  which  the  Spainards  had  never 
belbre  occupied,  in  1836  ;  that  it  was  done  without  the  consent  of 
the  king  of  the  Musquito  coast,  who  had  previously  granted  the 
territory,  where  it  was  established,  to  a  British  subject  ;  that  the 
Central  American  flag  did  not  appear  there  till  1843  J  and  that  the 
"administrador,"'  or  collector  of  customs,  on  the  application  of  a 
British  officer,  gave  a  written  acknowlediiement,  that  he  had 
hoisted  the  flag  by  courtesy,  and  not  as  of  right,  and  that  the  port 
was  claimed  by  the  king  of  Musquito. 

She  also  states,  that  the  Musquito  authorities,  have  remon- 
strated against  tho  occupation,  and  that  these  remonstrances  hav- 
ing failed,  her  naval  forces  have  been  sent  to  aid  them  in  taking 
possession  of  the  place.] 

Ab'iut  three  months  ago  I  stated,  in  some  remarks  on  a  mili- 
tary bill  before  the  Senate,  that  Great  Britain  has  recently  set  up 
a  claim  to  San  Juan  de  Nicaragua,  and  I  prophesied  at  that  time, 
from  the  indications  I  saw.  that  she  would  at  no  distant  period, 
tiike  forcible  possession  of  that  place.  She  has  done  so  already. 
The  prophecy  has  become  history,  written  like  many  other  trans- 
actions of  the  same  nature,  in  letters  of  blood.  1  also  stated,  that 
one  of  the  great  objects  of  this  extension  was,  to  command  a  route 
for  a  ship  canal  across  tho  continent,  narrowed  there  to  an  isth- 
mus.    This  route  has    been  critically   surveyed  and   examined 


May  17.] 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


645 


from  the  Caribbean  spa,  up  the  river  Sail  Juan,  to  Lake  Nieara- 
cua,  I'rom  Lake  Nicaragua  to  Lake  Leon,  anil  from  Lake  Leon 
to  Realejo  on  the  Pacific.  Surveys,  drawings,  maps,  plans,  dia- 
grams, estiiiiate.s — every  thing  that  pertains  to.  and  precedes  the 
conslruclion  of  public  works,  have  been  carefully  prepared.  I  be- 
lieve these  evidences  and  achievements  of  a  high  intellectual  and 
social  eivilization,  are  not  pretended  to  he  the  work  of  the  Mus- 
quito  king  ;  but  it  would  not  be  surprising  if  her  claim  to  exe- 
cute this  great  enterprise  of  uniting  the  two  oceans,  should  be  as- 
serted in  his  name — certainly  not  more  surprising  than  some  other 
things  which  have  lioen  recently  done  under  the  same  auspices. 

The  river  San'  Juan  de^  Nicaragua,  is  one  degree  south  of  the 
southern  limit  of  the  Musquito  territory.  According  to  British 
maps,  that  territory  extends  only  to  the  12th  degree  of  north  lati- 
tude. The  river  empties  into  the  Carribeo.n  sea  at  the  11th  parallel. 
But  she  has  recenily  claimed  tliat  it  extends  to  the  Uth  with  an 
intimation,  as  I  understand,  that  it  may  pnsjihly  cxicnd  to  the  10th, 
or  even  the  9th,  which  would  include  a  part  oi'  Panama. 

Before  I  quit  this  part  of  the  subject,  I  will  read  to  the  Senate, 
an  extract  from  the  Despatch,  another  British  newspaper,  publish- 
ed at  Kingston,  Jamaica,  reciting  the  grounds  on  which  this  claim 
rests: 

'*Tlie  di0erenccs  between  the  •iOv<'rntiienl  of  Ceiitnil  Anu-iica,  and  llie  iun<r  of 
-Mosquito,  are  now  of  some  years  5»lan<iing.  The  former  repiibhc  lias  never  aeknow- 
ledgcd  the  «iOverei?nty  clfiimr'd  by  Kin:rGeorj:e  over  any  [lO'tlon  of  the  t'rrirory  eallefi 
Musquilo.  and  on  nuBjerous  occasions  Ihe  mahoeany  cullers  enlaced  with  the  Mus- 
quito eovernment,  for  which  they  paid  atoll  uptlie  river  Roman,  have  been  disturbed, 
and  driven  otf  by  the  retitral  .-Vrnericans.  Tliese  air^'ressions  led  to  couminiiicatinns  b>- 
tweeu  the  council  of  iMiisquilio  .ind  Doimiiif.'slrrvl,  and  resulted,  if  we  are  rightly  iii 
formed,  in  directions  from  the  foreign  otiice,  that  the  bounilaries  of  the  Musquito 
territotv,  should  be  traced  according  to  the  best  existiufj  authorities,  documentary,  or 
otherwise,  and,  these  being  delineii,  Ensjland  bound  herself  to  support  the  integrity  of 
the  King's  dominions.  The  result  of  this  survey  was  to  attach  the  whole  of  the  river 
San  Juan,  to  the  dominions  of  Musquito.  tnnd  the  flu;,' of  Kin^  Georj^e  was  conse- 
quently, sliortly  afterwards,  formally  hoisted  at  the  Fort  of  San  Juan." 

Such,  according  to  this  authority,  is  the  claim  of  Great  Britain 
to  the  Musquito  territory,  which  she  expressly  stipulated  by  treaty 
to  evacuate — a  claim  resting  upon  an  arrangement  with  the  Mus- 
quito government,  which  has  never  been  recognized  by  the  Cen- 
tral Americans  as  an  independent  State — a  government,  in  fact, 
alleged  to  have  oeen  established,  or  rather  got  up  in  its  present 
form  by  Great  Britain  herself,  and  it  would  seem  from  this  state- 
ment, which  is  sustained  by  other  evidence  corroborating  it,  that 
she  examines  documents,  ex  parte,  traces  boundaries,  settles  tbem 
without  consultation  with  those  whom  they  vitally  concern,  binds 
herself  to  support  theiu,  and  acts  accordingly.  A  more  summary 
execution  of  the  law  of  force  cannot  readily  be  found. 

Since  the  meeting  of  the  Senate  this  morning,  1  have  received  a 
copy  of  a  notice  from  the  British  Consul  General  in  Central  Ame- 
rica, addressed  to  the  principal  secretary  of  the  supreme  govern- 
ment of  Nicaragua,  in  September  last.  It  is  translated  from  Ihe 
English  into  Spanish.  1  have  only  h.ad  time  to  look  at  it,  so  as  to 
see  its  purport  ;  but  I  will  read  it  now  to  the  Senate,  translating 
it  b.aek  into  English. 

British  Consulate  General,  iTuatemala.  lOih  September,  1347. 

To  the  principal  Secretary  of  the  suprtme  government  of  the  State  of  Xicaras-tia  : 

Sir — duestions  having  arisen  at  various  periods,  with  the  Stat.:-?  of  Honduras 
and  Nicaragua,  concerning  tlie  exleusiou  of  the  maritime  frontier  of  the  King- 
dom of  Mosquito,  Her  Britanic  Majesty's  government  after  carefully  etnmiu- 
iiig  the  various  documents  and  historical  registers  which  exist  relative  to  the  subject. 
i>  of  the  opinion  tli.at  the  territorial  riglil  of  the  Kiug  of  the  Mo=c,uitos  should  be 
maintained  as  extending  from  Cape  Honduras  to  the  mouth  of  the  river  San  Juan, 
and  I  am  charged  to  notify  tlie  supreme  governments  of  the  States  of  Honduias  and 
Nicaragua,  as  I  have  now  the  honor  of  doing;  that  the  government  of  Her  Britanie 
Majesty  considers  that  the  King  of  Mosquiio  has  a  right'^to  this  extent  of  coast,  irifA- 
OKt prejudice  to  the  riglil  ichich  the  said  King  may  have  to  any  terriioni  soiit/i  of 
the  river  San  Jitaii  :  and  l hat  Her  Britanic  Majesty's  government  cannot  sec  with 
iodifferenco  any  attempt  to  usurp  the  territorial  rights  "of  the  King  of  Mosquito,  who 
is  under  the  protection  of  the  British  Crown. 

I  have  the  boQOi  to  be.  sir,  your  obedient  servant. 

'     FREDKRICK  CHATFIELU. 

Copy  :  Departmon*  of  Foreign  Relations  of  the  superior  government  of  the  Stale 
of  Nicaragua.    Mangua,  October  14,  1S17.  SAUNAS. 

It  will  be  seen  by  this  notice,  that  Great  Britain  lays  the  foun- 
dation for  a  claim,  in  behalf  of  the  Mosquito  King,  to  territory 
south  of  the  river  San  Juan,  leaving  the  boundary  undefined.  This 
note  bears  date  the  10th  of  September  last.  And  it  is  a  curious 
fact,  that  in  an  ofiicial  note,  bearing  date  the  24tli  of  the  same 
month,  addressed  to  the  government  of  New  Grenada,  no  intima- 
tion is  given  of  such  a  claim  south  of  the  river  San  Juan.  1  read 
the  last  mentioned  note  while  addressing  the  Senate  on  the  Cali- 
fornia claims  ;  and  the  oinission  is  the  more  extraordinary,  as  the 
British  government  can  hardly  be  unad'-ised  that  New  Grenada 
claims,  jointly  with  the  Central  American  States,  the  coast  of  the 
Carnbcan  sea,  not  only  to  the  river  San  Juan,  but  as  far  north  as 
Capo  Gracias  a  Dios.  The  object  of  the  omission,  if  it  had  an 
object,  must  bo  left  to  conjecture.  It  may  have  been  accidental, 
or  it  may  be  that  Great  Britain  did  not  think  it  advisable  to  al.irm, 
at  that  juncture,  the  most  stable  of  the  governments  having  an 
interest  in  the  question,  by  putting  forth  a  claim  so  well  calcula- 
ted to  excite  uneasiness. 

With  these  evidences  of  a  fixed  purpose  of  extension  and  ag- 
grandizement of  Great  Britain  in  this  hemisphere  ;  with  our  vivid 
recolleciion  of  the  tenacity  with  which  she  asserted  her  claim  to 
territory  on  our  north-eastern  boundary  and  in  Oregon — territory 
remote  from  her,  chiefly  valuable  because  it  encroached  on  us,  and 
ourlaileil  the  limits  for  our  expansion  ;  with  the  still  more  fresh 
and  vivid  recollection  of  the  transactions  in  California,  with  a  view 
to  obtain  a  large  and  valuable  portion  of  that  territory  for  British 


subjects  ;*  with  these  evidences  of  a  purpose,  open  and  palpable, 
to  extend  her  own  dominion  upon  this  continent,  if  not  to  prevent 
the  extension  of  ours  ;  I  am  really  surprised  that  any  one  can  doubt 
that  she  would  avail  herself  of  the  first  opportunity  of  gaining  an 
ascendancy  in  Yucatan.  It  borders  upon  her  own  settlement  at 
Balize,  and  is  separated  from  it,  according  to  her  own  represen- 
tation, by  a  boundary  "  ill-defined."  Sir,  I  must  say  that  1  know 
no  parallel  to  this  iiiecredullty, excepting  in  the  state  of  things  in 
Athens,  which  produced  the  third  Philippic  of  Demosthenes — 
in  the  blindness  which  would  not  see  an  enemy  in  Philip,  when 
Phocis,  and  Pher,  and  Ells,  and  Olynthus,  and  the  two  and  twen- 
ty cities  of  Thrace  had  fallen  into  his  hands  I  do  not  make  the 
comparison  because  1  fancy  any  other  resemblance  between  the 
historical  features  of  that  epoch  and  this.  In  other  respects,  the 
parallel  fails.  I  do  not  wish  any  mctnher  of  this  honorable  body 
to  see  an  enemy  in  Great  Britain.  I  do  not  so  consider  her  my- 
self. I  consider  her  as  a  friend;  I  desire  that  she  may  conlimie 
so — at  most  a  rival,  in  commerce,  in  the  generous  competition  of 
induslrv,  and  in  Ihe  extension  of  civilization  and  freedom.  I  do 
not  envy  her,  or  its  legitimate  possessors,  the  dominion  over  the 
torrid  plains  of  Central  America — that  crust  of  carih  parched  by  a 
ragina  sun  above,  and  heated  by  volcanic  fires  beneath.  Much 
less  do  I  regard  her  extension  in  our  neighborhood,  with  appre- 
hensions for  our  safety.  We  have  long  since  grown  beyond  the 
dimensions  in  which  there  was  any  danger  to  he  apprehended 
from  the  extension  of  other  nations  upon  this  continent,  no  matter 
how  clearly  this  may  be  brought  Into  contact  with  us.  But  I 
make  these  statements  in  order  tfiat  we  may  sec  what  is  actually 
in  progress — not  because  it  brings  with  it  any  serious  cause  of 
apprehension,  on  our  own  account,  but  that  we  may  not  coldly 
turn  away  our  faces  when  weak  and  defenceless  neighbors  are  inva- 
ded and  despoiled.  For  myself,  sir,  I  cannot  help  seeing  in  Great 
Britain  a  spirit  of  aggrandizement  which  is  perpetual  in  its  pro- 
gress, not  on  this  continent  alone,  but  in  every  other  portion 
of  the  globe  where  there  is  territory  unoccnpied.  and  too  often 
where  there  is  territory  occupied  by  those  who  are  too  weak  to 
defend  it.  I  believe,  also,  whether  this  conflict  in  Yucatan  shall 
terminate  in  the  expulsion  of  the  Spanish  race,  or  the  discomfiture 
of  the  aboriginal,  that  her  boundary -will  be  likely  to  be  extended 
farther  into  the  interior.  That  "  ill-defined"  boundary  may  become 
defined,  and  with  greatly  enlarged  dimensions. 

Mr.  President,  I  have  nothing  more  to  say  upon  this  point,  ex- 
cepting that  I  do  not  support  the  bill,  because  I  think  the  occupa- 
tion of  Yucatan  by  us  is  necessary  to  keep  it  out  of  the  hands  of 
European  powers.  I  am  not  sure  that  I  could,  except  under  very 
extraordinary  circumstances,  be  induced  to  advocate  the  military 
occupation  of  a  country  for  such  a  purpose.  But  if  we  see  move- 
ments of  foreign  powers  on  this  continent,  and  especially  in  our 
near  neighborhood,  which  are  suspicious,  we  have  a  right  to  call 
on  them7  through  the  ordinary  channels  of  diplomatic  Intercourse, 
to  know  what  are  their  objects;  and  If  we  do  not  receive  Irank 
and  satisfactory  answers — if  we  have  reason  to  believe  that  those 
objects  are  in  violation  of  the  great  principles  of  international  right, 
or  dangerous  to  our  tranquility,  or  even  onr  interests,  we  may 
properly  take  such  measures  of  precaution  or  prevention,  as  the 
exiseney  of  the  case  shall  require.  I  do  not  undertake — -indeed  it 
might  not  be  very  easy — to  assign  the  precise  measure  of  provo- 
cation which  would  justify  resistance  on  our  part,  or  the  extent 
to  which  resistance  might  he  rightfully  carried.  Every  emergency 
must  be  left  to  he  determined  by  a  wise  and  considerate  rerjard 
to  its  attending  circumstances.  But  of  the  existence  of  such  a 
right  of  resistance  on  grounds  of  international  law,  I  do  not  enter- 
tain the  slightest  doubt. 

And  here,  Mr.  President,  I  must  ask  the  Indulgence  of  the  Se- 
nate, while  I  look  hastily  into  the  nature  and  origin  of  the  right. 
Every  sovereign  State  is  to  be  considered  under  two  aspects.  The 
first,  concerns  its  interior  relations — the  relations  which  exist  be- 
tween the  governing  and  the  governed,  or,  in  other  words,  be- 
tween the  government  and  the  people.  The  second,  concerns  its 
exterior  relations,  or  its  relations  with  foreign  States. 

The  first  class  only  is  ordinarily  the  subject  of  Internal  or  mu- 
nicipal regulation.  The  constitution  of  the  United  States,  for  in- 
stance, regulates  the  relations  of 'he  federal  government  to  the 
States  and  to  the  people.  It  scarcely  touches  the  exterior  rela- 
tions of  the  country,  excepting  so  far  as  It  declares  in  w-hat  de- 
partments the  powers  of  making  war,  peace,  and  treaties,  and 
appointing  ambassadors  shall  vest.  Now,  it  is  quite  apparent 
that  there  is  a  numerous  class  of  exterior  relations  wholly  untouch- 
ed by  the  constitution,  not  always  regulated  by  treaty  stipulations. 
They  arise  out  of  the  natural  rights  and  obligations  of  sovereign 
States,  and  are  regulated  by  usage,  by  the  general  international 
law  which  has  .grown  ',:p  and  t  econie  sanctioned  bv  tlie  ncqnies- 
cence  of  all  civilized  communities.  One  of  our  vessels,  public  or 
private,  cannot  go  ten  miles  from  the  land  without  becoming  sub- 
ject to  an  international  code,  not  founded  upon  the  internal  laws 
of  States,  whether  organic  or  administrative,  not  regulated  ordi- 
narily by  treaty  stipulations  between  them,  but  as  old,  neverthe- 
less, as  the  Consolato  del  Mare,  and  deriving  its  force  from  public 
consent. 

These  rights  and  duties  are  co-relative.  What  one  nation  is 
bound  to  do,  any  other  may  call  on  it  to  perform.     We  cannot  live 

*NoTE. — In  connection  with  this  sobject.  I  deem  it  due  to  fairness  to  state,  that 
Lord  PalmTstou  has  instructed  Her  Britanic  Majesty's  representative  at  tVa&liingtoD 
"to  contradict,  on  all  occasions,  the  unfounded  assertion  that  Her  .AInjesly's  govern- 
ment has  been  taking  any  steps  whatever  to  acquire  ouy  footing  in  California ;"  and 
that  this  inslrnctioa  came  to  my  knowledge  after  this  speech  was  deUvered. 


646 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Wednesday, 


in  the  general  obscurity  of  nations,  witliont  observing  these  rules 
ourselves  ;  nor  can  we  consent  that  they  shall  be  violated  by  others, 
where  our  safety  or  interest  is  concerned.  There  are  obligations 
of  this  sort  applicable  to  th?  land  as  well  as  the  sea.  One  ol  these 
is,  that  no  nation  shall  interfere  with  the  internal  concerns  of  anoth- 
er. As  a  member  of  the  great  family  of  nations,  we  have  a  right 
to  insist  that  this  rule  shall  bo  observed.  In  all  cases,  where  the 
rule  or  the  principle  is  settled  beyond  dispute,  any  member  of  the 
general  society  of  nations  is  as  fully  warranted  in  calling  upon  any 
other  member  to  respect  it,  as  any  member  of  this  confederacy  is 
authorized  to  call  upon  another  to  observe  the  obligations  of  the 
fundaraenlal  compact.  The  only  question  that  can  arise,  is  one 
of  practical  prudence — how  far  we  shall  deem  it  expedient  to  in- 
terpose to  prevent  a  breach  of  international  obligations.  I  have 
always  contended  that,  even  for  this  purpose,  we  ought  not  to  in- 
terfere with  the  movements  of  European  powers,  when  those 
movements  relate  to  questions  strictly  European.  And  I  have  in- 
sisted with  the  same  earnestness,  that  there  should  bo  no  intorle- 
rcnce  on  their  part,  wi'h  the  internal  concerns  of  the  independent 
States  in  this  hemisphere,  and  especially  in  our  near  neighliorhood, 
involved  as  our  inieiests,  political  and  commercial,  are  in  their 
tranqui.ity  and  exemption  from  domestic  agitations. 

If  I  am  askel  for  the  origin  of  the  right  on  one  part  to  interpose 
for  the  purpose  of  preventing  a  breach  of  international  obligations. 
I  refer  again  to  the  general  code  by  which  all  civilized  States  are 
governed.  As  to  the  mode  I  have  nothing  to  say.  I  repeat, 
every  emergency  must  be  determined  by  the  surrounding  circum- 
stances in  which  it  is  presented.  Whether  we  shall  interfiose  at 
all  is  a  question  of  prudence — a  question  undoubtedly  to  be  dis- 
posed of  with  the  greatest  deliberation,  when  it  is  proposed  to 
make  it  the  basis  of  practical  conduct. 

But  I  do  not  put  our  intervention  in  this  case  upon  the  ground 
cither  of  resisting  unauthorized  interference  on  the  part  of  other 
nations,  or  of  anticipating  and  preventing  it.  I  place  it  upon  the 
peculiar  circumstanees  in  which  we  stand  in  relation  to  Yucatan — 
circumstances  wHiich  seem  to  me  to  impose  on  us  an  obligation  in- 
depcntly  of  all  considerations  even  of  humanity.  Wo  have  taken 
possession  of  the  principal  outlet  of  trade  in  her  chief  staple  pro- 
ductions, and  the  principal  inlet  for  the  foreign  commodities,  which 
she  received  in  exchange.  We  have  appropriated  her  revenue  to 
ourselves.  We  even  went  so  far  as  to  impose  duties  on  her  own 
products,  carried  from  one  of  her  ports  to  another,  though  as  soon 
as  this  was  ascertained  to  be  the  case,  directions  were  very  prop- 
erly given  by  the  President  that  lliey  should  be  discontinued.  We 
have  thus  n"t  only  taken  her  own  revenues,  but  we  have  imposed 
on  her  people  nevi'  burthens  by  taxing  the  transit  of  nicies  v  hich 
were  prcvionslv  exempt  from  duty.  I  do  not  intend  to  intimate 
that  we  have  done  any  thing  not  essential  to  the  successful  con- 
duct of  the  war.  In  regard  to  the  revenue  which  we  have  collect- 
ed at  Laguna,  I  have  endeavored  to  ascertain  the  amount ;  but  I 
learn  tliat  the  accoun  s  are  kept  in  connection  with  other  receipts 
and  disbursements,  so  that  time  is  required  to  separate  them.  The 
Navy  depa.tment,  however,  has  been  able  to  ascertain  that  the 
amount  collected  has  been  between  filty  and  sixty  thousand  dol- 
lars for  a  portion  of  the  last  year — the  returns  for  the  year  not 
being  complete.  But  this  docs  not  show  the  amount  that  we  have 
diverted  from  the  treaty  of  Yucatan.  We  all  know  that  war  is 
the  great  enemy  of  commerce  ;  and  it  must  readily  be  seen,  that 
the  elTect  of  our  hostile  operations  in  Mexico  has  been  to  diminish 
the  ability  of  Yucatan  to  meet  the  exigency  in  which  she  is  placed. 
It  seems  to  me,  that  if  she  had  no  o:her  claim  than  this — in  addi- 
tion to  the  consideration  that  she  'las  been  neutral  throughout  the 
contest — she  mght  very  properly  call  upon  us  for  aid.  If  we  can- 
not  act  from  motives  of  humanity — if  we  feel  constrained  to  regard 
this  question  as  one  to  be  determined  according  to  the  coldest  and 
most  rigid  maxims  of  political  prudence,  may  we  not  find,  never- 
theless, in  the  circumstances  I  have  staled,  an  appeal  to  our  jus- 
tice whicli  we  cannot  readily  set  aside.  I  think  so  ;  and  it  is  upon 
this  ground  chiefly,  that  I  place  my  support  of  this  bill. 

In  performing  this  act  of  justice,  it  is  a  grateful  reflection,  that 
we  may  also  perform  an  act  of  humanity — that  we  are  enabled  to 
turn,  for  the  moment  from  the  painful  duty  of  assaulling  towns,  and 
overrunning  provinces — a  duty  imposed  on  us  by  the  prosecution  of 
hostilities  with  iVIexieo — to  the  more  Congenial  office  of  extinguish- 
ing the  flames  of  internal  discord,  and  ofVeconciling  classes  which 
are  waging  against  each  other  an  exterminating  war.  Sir,  I  can- 
not fancy  a  more  striking  contrast  in  the  social  and  political  condi- 
tion of  two  nations,  than  that  wliich  exists  between  the  United 
States  and  Yucatan — in  the  prosperity  and  tranquility  of  the  one, 
and  in  the  disorder  and  desolation  of  the  other.  The  law  presides 
here  in  her  majesty,  spreading  her  broail  shield  over  all.  Industry 
and  the  arts,  helpless  inlaney,  decrepit  age,  life,  liberty,  property, 
all  that  men  possess,  and  olierish,  and  hold  dear,  is  protected  by 
the  power  of  a  moral  opinion,  which  lies  at  the  foundation  of  the 
established  order  of  government  and  society,  and  upholds  both.  If 
we  turn  to  our  Central  American  neighbor,  the  whole  picture  is 
reversed.  Law,  order,  tranquility,  the  friendly  association  of 
classes  and  castes — all  have  perished.  The  moral  and  physical 
ties,  which  render  life  desirable  and  human  possessions  secure, 
have  been  forcibly  rent  asunder.  Towns  and  villages  have  been 
given  to  the  flames,  and  their  wretched  inhabitants  to  the  sword. 
Plantations  have  been  ravaged  ;  farm  houses  sacked,  demolished, 
burnt;  property  plundered  where  it  could  be  carried  away,  and  de- 
stroyed where  it  could  not.  Men,  women,  and  children,  driven 
from  their  homes,  if,  indeed,  they  are  so  fortunate  as  to  escape  the 
fury  of  their   remorseless  pursuers,   rush  to  the   sea  in  the  hope 


of  finding  some  passing  vessel  which  may  take  them  from  the 
blackened  and  desolated  land.  Sir,  this  is  a  mere  outline  of  the 
picture  of  devastation  which  Yucatan  presents.  I  would  not,  if  I 
could,  undertake  to  fill  it  up  with  its  loatlisome  and  revolting  de- 
tails. I  do  not  draw  this  sketch,  imperfect  as  it  is,  for  thepnr- 
pose  of  making  an  appeal  to  the  sympathy  of  the  Senate.  I  only 
present  it  for  the  purpose  ot  adding  a  final  remark. 

Mr.  CLAYTON. — Will  the  honorable  Senator  allow  me,  before 
he  concludes,  to  ask  him  a  que-tion  ?  Is  the  Senator  satisfied  in 
his  own  mind ,  that  there  is,  at  this  moment,  a  war  raging  between 
the  Indians  and  the  whites  in  Yucatan? 

Mr.  DIX — I  am  perfectly  satisfied  of  the  fact.  All  the  testi- 
mony that  I  have  seen,  tells  me  that  such  is  the  case.  I  think 
llirre  can  be  no  doubt  of  it. 

Mr.  President,  as  I  said,  I  desire  only  to  make  a  single  remark 
more.  If  honor.ible  Senators  shall  think  with  me  that  it  is  our 
right  and  our  duty  to  interpose  ;  if  they  shall  consent  to  act  in  the 
mode  proposed  by  the  bill,  or  in  some  other  mode,  which  may  seem 
to  them  more  free  from  objection  ;  if  the  effect  of  our  interposi- 
tion shall  be  to  put  an  end  to  this  unnatural  warfare,  to  restore 
peace  to  Yucatan,  to  give  back  her  desolated  fields  and  plains  to  in- 
dustry and  order,  and  the  empire  of  law,  it  w'iH  constitute,  in  the 
sight  of  civilization  and  humanity,  a  far  more  ennobling  triumph, 
than  a  dozen  victories  won  for  the  ex.ension  of  empire  at  the  point 
of  the  bayonet  and  the  cannon's  mouth. 

Mr.  HANNEGAN  — It  is  due  to  the  honorable  Senator  from 
New  Y'ork  that  I  should  state,  that  since  he  commenced  his 
speech,  in  addition  to  the  information  contained  in  the  Baltimore 
Sun  of  this  morning,  I  have  received  further  intelligence  upon 
which  I  rely  with  a  confident  assurance  in  my  own  mind,  ot  its 
correctness,  that  a  treaty  has  been  made  between  the  contending 
parties  in  Yucatan.  The  heads  of  this  treaty  are  given  in  the  Sun. 
For  my  own  part,  I  think  the  treaty  a  proper,  liberal,  and  just  one 
to  both  of  the  parties  concerned.  The  information  which  I  have 
received,  to  be  sure,  comes  from  a  private  source,  but  one  on  which 
I  can  rely — and  I  think,  therefore,  that  a  treaty  has  positively  been 
concluded.  In  such  circumstances,  I  feel  it  due  to  the  Senator, 
due  to  the  country,  and  due  to  myself,  that  I  should  not  press  the 
question  at  this  time.  I  will  will  move,  then,  that  the  bill  be  pass- 
ed over  informally,  until  we  can  receive- official  informal  ion  con- 
cerning the  matter.  This  treaty  is  made  between  one  of  the  prin- 
ciple leaders  of  the  savages  and  the  white  population.  The  war 
of  extermination  has,  therefore,  ceased  at  least,  for  the  present;  the 
interests  of  the  United  States  are  secure  from  injury  in  that  quar- 
ter, while  a  state  of  war  with  Mexico  continues,  inasmuch  as  the 
landing  of  any  troops  by  a  foreign  power,  without  our  consent, 
would  be  an  act  of  direct  aggression,  according  to  all  the  recog- 
nized law  of  nations. 

Mr.  DIX. — I  regret  very  much  that  I  did  not  receive  this  infor- 
mation this  morning. 

Mr.  HANNEGAN. — The  Senator  will  permit  me  to  say,  that 
as  I  knew  that  he  would  upon  this,  as  upon  all  occasions,  make  an 
excellent  speech,  I  was  unwilling  to  deprive  the  Senate  and  my- 
self of  the  pleasure  of  hearing  it. 

Mr.  UNDERWOOD. — I  hope  the  gentleman's  motion  will  pre- 
vail, though  it  cuts  oil'  my  speech.  I  wish,  however,  to  assign  an 
additional  reason  why  it  slioiild  prevail.  Mr.  Sierra  first  applied 
fur  assistance  in  the  month  of  February  last;  renewed  his  sujipli- 
cations  for  aid  repeatedly  through  the  months  of  March  and  Apiil. 
About  the  latter  end  of  April  ho  hints  that  perhaps  his  letters 
were  too  long;  and  that  the  Secretary  had  been  deterred  on  that 
account  from  reading  them.  He  then  wrote  a  very  short  letter, 
assigning  its  brevity  as  one  reason  why  he  hoped  the  Secretary 
would  condescend  to  read  it.  Here,  then,  are  two  months  of  in- 
cessant application  to  the  .humanity  of  this  government  to  inter- 
jiose  and  save  the  women  and  children  of  Yucatan  from  slaughter, 
and  their  towns  and  villages  from  conflagration.  But  to  all  ilicse 
applications  the  Executive  turned  a  deaf  ear.  No  inier)iosition 
i^  thought  of  until  the  2Ist  of  April,  when  Mr.  Sierra  communi- 
cates a  paper  from  Governor  Mcndez,  oflering  the  dominion  and 
sovereign'y  of  Yucatan.  Just  as  soon  as  that  ofler  is  made, 
and  the  tender  of  a  price  for  our  exercise  of  humanity  is  given, 
tlien  the  President  of  the  United  States  makes  a  communication  to 
Cmgress  and  about  a  week  afterwards  the  wboie  subject  i( 
placed  before  us.  Now,  if  the  Executive  could  wait  till  two 
liionihs  after  the  application  was  made  before  it  moved  at  ail,  it 
seems  to  me,  that  in  the  face  of  the  information,  that  a  treaty  has 
been  concluded  between  Mr.  Pat — as  I  believe  the  Indian  leader 
is  called — on  one  side,  and  Mr.  Baibachino  on  the  other,  this  bill 
should  not  be  pressed  upon  the  Senate.  If  the  intelligence  which 
we  have  received  be  not  confirmed,  I  shall  then  claim  the  privilege 
of  making  my  speech. 

Mr.  HANNEGAN. — I  am  rather  inclined  to  think  that  I  mnv 
felicitate  myself  that,  after  all,  I  have  not  been  the  means  of  de- 
priving the  Senator  from  Kentucky  of  an  opportunity  of  making 
(lis  speech.  He  has  made  quite  a  speech  in  the  few  words  which 
he  has  addressed  to  the  Senate.  But  let  me  remind  the  Senator 
that  he  does  not  stand  alone  ;  for  I  knew  several  Senators  hero, 
who  are  quite  as  anxious,  and  as  ready  as  the  Senator  from  Ken- 
tucky to  address  the  Senate.  Indeed,  I  was  myself  under  the 
impression,  that  probably  in  accordance  with  the  rules  of  the  Se- 
nate and  parliamentary  usage,  I  had  a  right  to  close  tho  debate,  inas- 


May   17.j 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


647 


much  as  I  had  the  honor  of  introducing  the  bill.  But  cheerfully, 
and  without  any  hesitation,  I  surrendered  that  privilege,  and  waived 
every  personal  consideration,  or  rather,  as  I  suppose  it  may  more 
properly  be  called,  vanity,  than  any  thin;;  else — believing  that  duty 
called  (or  the  sacrifice.  Let  me  add,  that,  the  attack  upon  the  ad- 
ministration which  the  Senator  from  Kentucky  has  just  made,  has 
been  repeatedly  made  in  the  course  of  this  debate.  I  stated  twice, 
on  a  former  occasion,  that  the  reason  why  the  adminis(ration  did 
not  act  sooner,  was,  because  they  were  waiting  to  hear  from  our 
own  officers  in  the  gulf,  to  whom  orders  had  been  issued,  to  collect 
information  and  transmit  it  to  the  department.  Does  the  Senator 
from  Kentncky  need  to  be  informed  by  nie,  that  Mr.  Sierra,  to 
whom  so  much  importance  has  been  attached,  was  not  here  in  a 
recognized  diplomatic  capacity;  that  he  was,  in  fact,  no  more  than 
a  private  citizen  of  Yucatan  ?  He  was  called  a  commissioner,  to 
be  sure,  by  the  province  of  Yucatan  ;  and  come  here  with  that  ti- 
tle. But  could  we  recognize  him  in  that  capacity?  Why,  sir, 
no  man  would  have  gone  luriher  than  the  Senator  from  Kentucky, 
m  denouncing  the  conduct  of  the  administration,  if  they  had  re- 
ceived this  gentleman  as  a  diplomatic  agent.  Yucatan  had  no 
power  to  appoint  a  commissioner  ;  and  Mr.  Sierra  was  here  only 
as  a  private  citizen. 

Mr.  NILES. — I  am  perfectly  willing  to  acquiesce  in  the  post- 
panement  of  this  bill  till  we  obtain  additional  information.  At  the 
same  time,  I  must  say,  I  am  somewhat  surprised  that  the  postpone- 
ment should  be  preferred  by  my  honorable  friend,  on  the  ground  of 
the  information  that  has  been  recently  received.  I  believe  that  my 
honorable  friend  and  others  have  advocated  this  bill  maitdy,  I 
might  almost  say  exclusively,  on  the  ground  of  policy,  with  the 
view  of  meeting  at  the  threshold  the  assumed  aggressive  policy  of 
England.  Now,  if  that  be  the  consideration  on  which  the  bill  was 
upon  us,  why  postpone  it  ?  There  is  no  evidence  at  all  that  the 
designs  of  England,  if  they  ever  existed,  have  been  abandoned. 
Certainly,  if  Great  Britain  has  such  a  settled  purpose,  as  has  been 
ascribed  to  her.  we  have  no  evidence  that  the  will'  not  pursue  it. 
The  argument  of  humanity  has,  I  understand,  been  given  up. 
The  argument  of  policy  still  remains.  Yet  I  am  gratified  that 
my  honorable  friend  is  content  to  waive  the  consideration  of  the 
bill;  and  am  encouraged  to  hope,  that  he  has  a  stronger  feeling  on 
the  ground  of  humanily,  than  he  has  lively  apprehension  of  this 
grasping  power  of  England,  which  seems  constantly  to  haunt  his 
imagination. 

Mr.  HANNEGAN. — I  should  bo  much  better  prepared  to  an- 
swer the  Senator  from  Connecticut,  if  I  could  upon  this,  or  any 
other  question,  which  has  presented  itself  to  the  Senate,  since  I 
have  had  tlie  pleasure  of  being  associated  with  him  on  this  floor, 
a'scertain  from  his  declarations,  what  his  real  opinions  are,  and 
what  course  he  is  resolved  definitely  to  pursue.  But,  I  mnst  can- 
didly confess,  that  up  to  this  moment,  I  have  never  been  able  to 
gather  Irora  the  declarations  of  that  honorable  gentleman,  the 
course  which  on  any  snbject,  he  intended  to  adopt.  Only  a  few 
days  since,  the  Senator  from  Connecticut  addressed  the  Senate  at 
length,  in  opposition  to  the  whole  proposition  before  the  Senate. 
Now,  I  understand  hirn,  if  I  can  understand  him  at  all,  as  urging 
its  adoption  on  the  score  of  humanity.  Need  I  tell  the  honorable 
Senator,  who  represents  a  portion  of  the  shipping  interest  of  this 
country,  in  reply  to  his  remark  relative  to  apprehensions  of  En- 
glish power  there,  that  we  have  a  squadron  in  that  vicinity,  which 
will  know  what  to  do,  should  Gre&t  Britain  attempt  to  land  any 
troops  there. 

I  do  not  abate  one  hair  of  the  high  ground  upon  which  1  placed 
this  question  at  first.  But  circumstances  have  changed  the  case. 
I  am  satisfied  that  there  has  been  a  treaty  concluded  between  the 
two  races  in  Yucatan.  I  have  no  doubt  of  it;  and  in  such  circum- 
stances, 1  would  be  playing  the  part  of  a  demagogue  and  imposter, 
before  the  Senate  and  the  country,  if  I  should  press  the  adoption 
of  the  bill.  It  was  only  the  great  emergency  of  the  case  that  im- 
pelled mo  to  act.  But  now  we  have  the  assurance,  that  the  war 
of  extermination  has,  for  the  present  at  least,  been  brought  to  a 
close;  and  whilst  the  war  conLinues  between  the  United  Slates  and 
Mexico,  the  presence  in  Yucatan  of  a  foreign  armed  force  would, 
as  the  Secretary  of  the  Navy  correctly  says,  be  regarded  justly  as 
an  act  of  war  upon  us. 

Let  me  advert  for  a  moment  te  the  consequences  of  the  conceal- 
ment of  ihS  intelligence  just  received  from  Yucatan,  if  I  had  been 
capable  of  doing  so.  Four  hundred  marines  have  been  already  or- 
dered from  Alv.irado  to  Laguna.  Now,  does  any  man  in  this  coun- 
try suppose,  that  in  case  of  the  presence  there  also  of  a  British 
armed  force,  a  conflict  could  be  avoided,  unless  the  two  countries 
had  united  in  a  common  object  ?  No.  Unless  nn  alliance  for  some 
high  and  holy  purpose  should  be  contracted  between  England  and 
the  United  States,  whenever  and  wherever  the  banners  of  the 
two  powers  shall  be  displayed  in  the  same  field,  while  the  notes 
of  "  God  save  the  King  ?"  and  "  Rule  Brittania  !"  are  answered  by 
the  inspiring  strains  of  "  Hail  Columbia"  and  the  "  Star  Spangled 
Banner,"  on  that  day  the  rays  of  the  setting  sun  will  fall  upon 
clashing  steel  and  an  ensanguined  plain  ! 

I  have  only  to  add  in  reply  to  the  insinuation  of  the  honorable 
gentleman  from  Connecticut,  that  so  far  as  I  have  been  able  to 
judge  of  his  course,  it  is  in  this  instance  as  much  at  war  with  the 
interests  of  his  constituents,  and  it  has  uniformly  been  at  war  with 
the  former  political  professions  with  which  he  entered  upon  public 
life. 

Mr.  NILES. — I  am  not  to  be  shaken  in  my  course  by  any  one, 
not  even  by  the  Senator  from  Indiana.     And  neither  he  nor  any 


other  individual  has  any  right  to  assail  my  course.     That  course 
has  been  dictated  by  my  own  conscience,  and  I  am  quite  willing 
that  my  votes  and  my  speeches  during  the  whole  period  of  myser  vice 
here  should  be  subjected  to  the  severest  test  which  the  gentleman 
may  choose  to  apply.     I  am  quite  willing  to  be  tried  by  those  prin- 
ciples which  that  honorable  gentleman  and  myself  have  professed 
to  maintain.     It  is  by  that  test  that  I  expect  to  stand  or  to  fall  ia 
the  estimation  of  those  who  regard   my  course  or  character  as  ol 
sufiicient  consequence  to  merit  examination.     I  have  stood  by  those 
yirinciples,  and  it  is  not  for  me  to  say  whether  my  honorable  friend 
has  stood  by  them  or  not.     These  principles  in  regard  to  our  exter- 
nal policy    are  pacific.     They  are  the   principles  of  that  school  in 
which  I  was  initiated  into  political  life.     I  see  with   regret,  with 
pain,  a  departure    from  those  principles,   and   I  see  my  honorable 
friend   on   all  occasions  taking  the  lead  in  that  departure.     1  see 
him  standing  at  "  lilty-four   forty"— I  see  him  to  the  very  last  at- 
tempting to  defeat  a  treaty  which  is  to  restore  peace  to  this  coun- 
try.    I  "sec   him    now   attempting   to   pursue  what  my  judgment 
teaches    me    to   regard    as    an    uncalled-for   and    rash   measure, 
which  might,  and    probably  would,  involve  this  country  in  difficul- 
ties which  no  human  sagacity  can  foresee— in  a  war  ol  conquest — 
in  entanglements  with  the  whole  of  these  Spanish  American  coun- 
tries—and  does  the  gentleman  suppose  that  in  resisting  anieasure 
like  that,  I  am  to  bo' charged  with  departing  I'rom  that  policy  and 
those   principles  which   characterize  the  old  democratic  school  in 
which  I  was  brought  up  ?     Sir,  the  gentleman  and  others  have  for- 
gotten those  doctrines  which  once  distinguished  not  by   profession 
merely,  but  in  practise  and  in  action,  the  course  of  that  party  ! — 
The   aentleman  says   that  he  cannot  tell  how  I  shall  act  on  any 
question   from  what   I   say.     Sir,  if  my  course  here  has  not  been 
frank,  and  open,  and  independent,  and  fearless,  I  do  not  know  what 
course  I  could  have  pursued   that  would  have  deserved  that  char- 
acter.    I   have   no  diguises  here  or  elsewhere.     I  speak  what  I 
think.     I,  to  be  sure,  have  been  called  upon  to  condemn,  in  some 
cases,  a  general  course  of  policy,   when,   in  the  peculiar  circum- 
stances of  the  particular  question  before  us,  I  have  given  my  vote 
for  that  measure.     But   my   views  have  not  been  concealed  ;  they 
have  not  been   hid  ;  they   have  been  open  to  the  face  of  day.     I 
have  held  myself,  however,  responsible  to  no  one  but  my  own  con- 
science and  my   constituents.     I  have  been  as  altogether  regard- 
less of  any  other  consideration  as  any  member  upon  this  floor  can 
possibly  be.     My  public  life  is  approaching  its  close.     I  wish  only 
to  end  it  as  I  have  pursued  it.  in  the  honest  and  learless  discharge 
of  my  duty,  and  a  steady  devotion  to  those  principles  now  desert- 
ed  by   so  many  who  professed  adherence  to  them.     Whoever  else 
may  desert  those  principles,  during  the   little   time  that  I  may  re- 
main in  public  life.  I,  for  one,  shall  stand  fast  by  that  faith,  and  if 
it  CO  down,  it  shall  nut  go  down  by  any  treachery  of  mine — by  any 
yielding  up  of  those  principles  to  any  considerations  of  expedience 
or  temporary  policy,   or  truckling  to  the  powers  that  may  at  any 
particular  time  desert  the  affairs  of  the  government. 

I  had  no  intention  to  offend  the  Senator.  I  did  take  the  liberty 
to  allude  to  what  I  believe  to  be  a  just  view  of  this  question — that 
although  I  was  entirely  satisfied  as  to  the  disposition  of  it,  yet  I 
beheve'il  that  the  matter  had  been  misconceived  from  the  begin- 
nins.  I  did  also  allude  to  the  position  which  the  honorable  gen- 
tleman had  assumed,  with  others,  that  this  was  a  measure  of  pol- 
icv  ;  that  gentlemen  had  presented  the  question  on  two  distinct 
grounds  of^policy.  One  of  these  grounds  was,  that  the  bill  was 
sustamed  by  the  'declaration  of  Mr.  Monroe,  that  it  was  our  duty 
and  interes't  to  resist  the  extension  of  the  power  of  any  European 
nation  upon  this  continent,  meaning  England,  as  the  distinguished 
Senator  from  South  Carolina  said.  The  other  ground  was,  that 
the  possession  of  Yucatan  was  necessary  for  the  security  of  our 
commerce  I  had  no  concurrence  with  the  Senator  in  either  of 
these  views,  and  I  stated  the  ground  of  ray  opinions  in  the  speech 
which  I  made  a  few  days  since.  And  rather  as  a  matter  of  mere 
pleasantry,  called  the  attention  of  the  Senator  to  what  I  regarded 
as  inconsi'stency  in  his  conduct.  I  remarked  that  I  saw  nothing  in 
the  information  recently  received  which  had  changed  the  grounds 
on  which  the  honorable  Senator  advocated  the  bill. 

I  will  not  trespass  on  the  time  of  the  Senate.  I  regret  very 
much  that  I  should  have  oflTended  the  honorable  Senator.  Our  re- 
lations have  always  been  of  the  most  friendly  character.  This  has 
been  the  first  instance  in  which  any  unkind  disposition  has  been 
manifested  by  him.  I  think  he  has  unwarrantably  arraigned  my 
conduct,  in  reference  not  to  this  measure  only,  but  for  the  whole 
period  in  which  I  have  had  the  honor  to  have  a  seat  here.  I  deny 
his  right,  or  that  of  any  other  man,  thus  to  arraign  me.  However, 
I  am'quite  prepared  to  meet  any  gentleniin  on  this  issue.  I  have 
ever  adhered  with  strict  fidelity  to  those  principles  with  which  I 
set  out  and  my  own  conduct  has  been  actuated  by  a  sincere  desire 
in  truth,  consistency,  and  honesty  to  promote  the  interests  of  the 
country. 

Mr.  HANNEGAN.— It  was  no  intention  of  mine  to  arraign  the 
course  of  the  Senator  from  Connecticut.  It  never  could  be  my 
intention  to  arraign  the  course  of  any  Senator  here  on  account  of 
any  act  which  he  might  see  proper  to  do.  Simply,  by  way  ol  re- 
taliation on  account  of  what  I  regarded  as  an  ucalled  for  and  un- 
provoked attack  upon  myself,  I  considered  that  attack  unjustifia- 
ble, and  it  was  perhaps'somewhat  warmly  repelled.  But  even  in 
the  moment  of  repelling  that  attack.  I  felt  no  unkindness  towards 
the  Senator  from  Connecticut.  My  only  object  was  to  defend  mv- 
self,  and  correct  an  unjust  imputation,  but  I  have  no  imfriendly 
feeling  towards  the  Senator.     The  words  which  he  has  just  spoken 


648 


TEMPORARY  OCCUPATION  OF  YUCATAN. 


[Wednesday, 


have  already  erased  even  the  memory  of  the  attack  which  I  thou£;ht 
at  the  time  he  had  wantonly  made.  Let  me  say  hero,  sir,  that 
were  I  to  leave  this  Senate  to-morrow,  never  to  return  to  it  again, 
the  proudest,  dearest,  and  most  cherished  recollection  of  my  life, 
would  be  that  I  believed  I  left  it  in  the  enjoyment  of  I  he  kindest 
relations  towards  every  member  of  the  body.  The  marks  of  con- 
fidence and  friendship  with  which  I  have  been  honored  since  I  be- 
came a  member  of  this  auijust  body,  have  made  an  impression  upon 
me  which  can  never  be  eflfaced.  I  mi<;ht,  indeed,  employ  the  em- 
phatic language  of  Queen  Elizabt-th,  when  slie  said  that  the  word 
"  Calais"  would  be  found  written  on  her  heart,  and  say  that  the 
sentiment  thus  inspired  has  been  engraven  on  my  heart  in  charac- 
ters which  even  death  will  not  obliterate. 

The  Senator  does  mc  injustice  when  he  represents  mo  as  being 
foremost  on  every  occasion  in  manifesting  a  disposition  to  plunge 
the  country  into  a  war.  There  is  no  man  who  more  highly  appre- 
ciates the  Iplessings  and  the  glory  of  peace,  or  who  regards  with 
greater  pain  than  I  do,  the  necessity  of  our  appeal  to  arms.  I 
know  well,  that  but  for  the  peace  which  has  existed  for  the  last 
thirty-three  years,  the  United  States  could  not  possibly  have  at- 
tained their  present  point  of  prosperity  and  grandeur.  War  would 
have  retarded  our  every  step.  We  would  still  have  been  in  the 
condition  of  infancy  m  every  sense,  instead  of  exhibiting,  as  we 
now  do,  although  but  an  infant  in  years,  all  the  noble  proportions 
of  manhood  in  his  prime.  Peace  I  believe  to  be  the  true  policy 
of  the  country.  It  is  our  mission.  The  people  of  the  United 
States  love  peace  rather  than  war;  but  it  is  peace  not  purchased 
by  servility  or  dishonor,  They  love  peace  for  its  own  sake,  be- 
cause it  elevates  the  condition  of  men,  and  is  the  surest  pathway  to 
national  greatness.  But  as  I  have  just  said,  it  is  honorable  peace 
alone  that  ihey  love — peace  preserved  consistently  with  the  rights, 
honor  and  interests  of  the  coutftry.  Peace  on  any  other  terms, 
they  would  spurn  as  infamous.  Hence  it  is,  that  sensible  of  the 
value  of  peace,  and  anxious  to  maintain  it,  I  shall  always  be  pre- 
pared to  take  the  highest  stand,  and  most  determined  position, 
whenever  the  honor  or  interests  of  the  country,  are  in  the  slighest 
degree  endangered  or  assailed  ;  because  nations  are  always  more 
likely  to  succeed  in  their  purposes  of  right  when  boldly  asserted, 
than  when  they  assume  the  attitude  of  supplicants  and  beggars. 

Mr.  FOOTE. — f  cannot  withhold  the  language  of  surprise  at  a 
portion  of  the  remarks  which  have  just  fallen  from  the  honorable 
Senator  from  Kentucky.  That  gentleman  complains  that  the  Pre- 
sident has  been  too  dilatory  in  calling  the  attention  of  Congress 
to  this  Yucatan  affair — urges  that  the  people  of  that  unhappy 
country  have  been,  for  months  past,  in  a  condition  to  net'd  such 
aid  as  that  which  is  now  proposed  to  be  given  them — seems  to  be 
of  opinion  that  such  a  measure  as  that  under  consideration  should 
long  since  have  been  recommended  by  the  Executive — and  yet  the 
Senator  from  Kentucky  is  one  of  the  members  of  this  body  who 
has  uniformly  voted  and  spoken  in  decided  and  zealous  opposition 
to  all  measures  having  in  view  the  strengthening  of  our  arm)'  in 
Mexico,  so  as  to  enable  us  to  preserve  the  possession  of  that  por- 
tion of  the  country  which  is  already  occupied  by  us.  How  the  Se- 
nator reconciles  his  former  course  with  his  present  censures,  I 
think  it  would  be  a  little  difficult  for  him  to  explain. 

But,  sir,  my  object  in  claiming  the  attention  of  the  Senate  at 
this  time,  is  chiefly  to  respond  to  a  very  extraordinary  remark 
which  we  have  heard  this  morning  from  the  Senator  frcmi  Connec- 
ticut. That  Senator  has  ventured  to  accuse  the  democratic  party 
of  havmg  abandoned  its  ancirnt  principles — of  having  discred- 
ited its  loriner  character — and  has  particularly  urged  upon  us 
the  proposition  that  the  democratic  party,  formerly  known  as  the 
peace  partv  of  the  country,  has  become  distinguished  of  late  by 
that  fondness  for  war,  which,  ho  insists,  was  in  former  times 
the  distinguishing  characteristic  ot  their  opponents.  This  sugges- 
tion has  not  originated  with  the  honorable  Senator  from  Connecticut 
but  was  quite  earnestly  urged  in  our  hearing  the  other  day  by  the 
Senator  from  South  Carolina,  now  in  his  seat,  [Mr.  Calhoun.] 
Sir,  I  have  no  objection  to  any  thing  which  may  be  offered  to  our 
consideration  by  either  of  these  gentlemen  in  vindication  of  his  own 
character  for  political  consistency,  provided,  that  in  defending  him- 
self, he  avoids  doing  injustice  to  others.  But  when,  in  order  to 
rescue  themselves  from  the  discredit  of  imputed  apostacy,  they 
undertake  to  inveigh  against  the  whole  democratic  party,  and 
charge  us  with  such  shameless  recreancy  as  that  so  emphatically 
imputed.  I  feel  called  on  to  say  something  in  reply,  if  for  no  other 
reason,  in  order  that  the  truth  of  history  may  stand  vindicated. 

I  feel  assured  that  the  assertion,  now  for  the  first  time  ventured 
upon,  so  far  as  I  am  informed,  that  the  peace  party  of  the  repub- 
lic has  been  always,  until  lately,  known  as  the  democratic  party, 
and  the  war  parly  as  the  whig,  or  federal  parly,  will  surprise  the 
whole  nation  ;  and  1  doubt  exceediniily  whether  such  an  assertion 
is  not  as  well  calculated  to  give  offence  to  consistent  and  honest 
whigs  as  to  democrats.  In  taking  a  retrospective  view  of  the  his- 
tory  of  parties  in  connection  with  this  interesting  point.  I  find  that  it 
was  at  an  early  period  of  the  war  of  1812,  that  a  high-souled  son  of 
the  Palmetto  State  first  made  known  to  his  countrymen  and  the 
xvorld  those  rare  intellectual  powers  which  have  since  procured 
for  him  the  universal  respect  of  r.ll  who  are  capable  of  apprecia- 
ting extraordinary  qualities  of  mind,  devoted  to  the  furtherance  of 
great  public  designs.  In  the  other  wing  of  this  capitol  it  became 
the  duty  of  this  personage,  then  young,  and  energetic,  and  full  of 
enthusiasm,  to  respond  to  one  of  the  most  remarkable  public  speak- 
ers, in  some  respects,  that  has  ever  made  his  appearance  in  tTiis 
eonniry.    I  allude  to  John  Randolph,  of  Roanoke.    The  war  with 


Great  Britain  was  the  subject  of  debate.  The  young  representa- 
tive from  South  Carolina  was  in  fayor  of  the  war,  and  all  the 
great  measures  of  the  period  connected  therewith  ;  and  the  speech 
which  he  delivered  on  the  occasion  referred  to,  asserted,  with  a 
boldness  which  has  never  been  surpassed,  with  a  logical  power  sel- 
dom, if  ever  equalled,  and  with  a  fierce  and  fervid  eloquence  which 
Demosthenes  himself  might  have  envud,  all  those  noble  patriotic 
views  and  sentiments  which  then  prevailed  in  the  republ.can  party 
of  the  period,  and  so  honorably  distinguished  them  from  their  federal 
opponents.  The  youthful  orator  was  the  chief  champion  of  the  war, 
and  he  saw  standing  by  him,  and  cooperating  heartily  and  efii- 
ciently  in  unison  with  him,  a  favorite  son  of  Kentucky,  who  has 
since  acquired  a  celebrity  and  influence  which  few  persons  in  our 
day  have  enjoyed.  Were  these  two  young  advocates  and  defend- 
ers of  the  war  policy  of  the  government  federalists  ?  Was  it  the  re- 
publican party  at  that  time  that  denonnced  the  war  with  England, 
and  refused  in  Congress  to  vote  supplies  of  men  and  money  for  its  pro- 
secution? Was  it  the  republican  party  in  New  England  that  refused 
to  rejoice  over  the  victories  of  that  war?  Was  it  the  republican  parly 
in  Massachusetts  that  refused  to  permit  the  prison-houses  of  the 
Slate  to  be  nsed  for  the  confinement  of  British  prisoners  of  war  ? 
Was  it  republican  hands  that  supplied  the  famous  blue  lights  which 
were  once  seen  to  glimmer  along  the  New  England  coast?  The 
simplest  peasant  in  the  land  would  experience  no  difficulty  in  an- 
swering these  questions,  and  even  lisping  childhood  has  been 
known  to  grow  eloquent  in  discussing  them. 

Again  :  when,  some  years  since,  a  broker-king  attempted  to  do 
deep  pecuniary  wrong  to  a  certain  portion  of  our  cilizens,  and  the 
heroic  President  of  that  bright  period  in  our  annals,  announced  to 
Congress  his* determination,  if  properly  sustained  by  the  legisla- 
tive department,  to  obtain  speedy  and  full  redress,  though  war  with 
France  might  be  the  result,  what  party  then  sustained  the  honor 
of  the  country?  Who,  in  Congress,  voted  in  support  of  the  pro- 
position to  arm  the  President  with  such  powers  as  might  enable 
him  to  maintain  the  honor  of  the  republic,  and  who  against  it  ? 

Sir,  I  shall  pursue  this  subject  no  further;  and  I  regret  the  neces- 
sity which  has  been  imposed  upon  me  of  alluding  to  such  humilia- 
ting incidents  in  our  history  as  a  nation  at  all.  And  now,  Mr.  Presi- 
dent, lahat  is  the  attitude  of  the  Senator  from  South  Carolina,  the 
gentleman  who  accuses  the  whole  democratic  party  of  abandor- 
ing  most  of  its  ancient  principles,  which  he  himself,  as  he  says,  has 
alone  been  found  always  read}'  to  maintain  and  carry  out  ?  Yes,  sir, 
what  is  the  attitude  at  the  present  moment  of  the  personage  who  an- 
nounces himself  most  gravely,  as  the  political  Abdiel,  of  this  perverse 
and  wicked  generation,  "'among  the  faithless,  faithful  only  he?" 
Why,  he  is  opposed  to  a  vigorous  prosecution  of  the  war  with  Mexico, 
though  his  own  Texan  annexation  policy  undeniably  brought  it  on. 
He  could  not  vote  for  a  full  mission  to  Rome,  and  could  not  vote 
even  for  sending  a  minister  of  subordinate  grade,  to  his  Papal 
majesty,  without  announcing  solemnly  in  our  hearing,  that  he  was 
not  at  all  influenced  by  sympathy  for  the  grand  movements  of  so- 
cial and  political  reform  now  in  progress  in  Europe.  He  would 
not  vote  in  support  of  resolutions,  expressive  of  sympathy  merely, 
in  behalf  of  the  French  people,  when  the  distinguished  Senator 
from  Ohio,  [Mr.  Allex.]  with  his  characteristic  magnanimity, 
ventured  to  introduce  them  in  this  body.  He  had  then  no  con- 
fidence in  the  competency  of  the  French  people  to  govern  them- 
selves. He  augured  the  worst  results  from  their  revolutionary 
movements;  and  when  the  vote  upon  the  resolutions  was  to  be 
taken,  ihe  Senator  from  South  Carolina  was  not  to  be  found  in  his 
seat.  These,  sir,  are  melancholy  details;  but  they  are  too  true  to 
be  denied.  And  now,  sir,  what  remains  for  us  to  do  ?  Shall  we 
still  recognise  the  Senator  from  South  Carolina  as  a  democratic 
leader,  entitled  to  control  the  councils  of  our  party  in  the  face  of 
such  facts  as  have  been  mentioned  ?  Shall  we  obey  his  mandates, 
or  yield  to  his  persuasions,  when,  more  than  twelve  months  ago, 
he  deliberately,  in  a  published  letter  which  we  have  all  seen,  lor- 
mally  read  himself  out  of  both  the  great  political  parties  of  the 
country  ?  For  my  part,  I  feel  bound  to  say,  that  I  recognize  the 
Senator  from  South  Carolina  as  the  most  deadly  and  dangerous 
enemy  of  the  democraiic  cause,  who  is  now  to  be  found  in  the  re- 
public; and.  desiring  to  commit  no  breach  in  our  present  relations 
of  social  amity,  I  am  compelled  to  declare  my  deliberate  convic- 
tion, that  the  safety  and  true  honor  of  the  nation  will  be  best  con- 
sulted hereafter,  by  looking  elsewhere  than  to  thc'Senator  from 
South  Carolina,  for  wise  and  salutary  counsels.  For,  to  all  who 
have  observed  his  course  this  winter,  it  has  been  most  apparent 
that  he  is  not  now,  what  he  was  in  the  outset  of  his  public  career. 
Whether  it  be  that  the  flow  of  years  has  chilled  his  native  en- 
thusiasm of  teraperamen,  or  the  disappointment  ol  cherished 
wishes  has  soured  and  disgusted  him  with  his  former  politi- 
cal associates,  or  the  organ  of  caution  has  in  some  way  be- 
come unduly  enlarged,  whilst  the  organ  of  hope  has  been  di- 
minishing, I  am  not  prepared  to  determine.  But  I  shall  take 
leave  to  lament  on  this  occasion,  as  I  do  most  painfully  and 
profoundly,  that  the  illustrious  chief,  who  was  once  joyously  and 
proudly  hailed  as  the  noblest  champion  of  our  cause,  to  be  found 
in  all  Israel — a  very  Samson  Agonistes  in  combat  with  our  foes — 
has,  under  influences  visible,  yet  mysterious,  permitted  those  in- 
vincible locks,  beneath  which  lay  concealed  strength,  such  as  God 
has  seldom,  if  ever,  given  to  mortal  man  besides,  to  be  shorn  away 
by  profane  Philistine  hands,  and  himself  to  be  delivered  into  the 
power  of  his  unforgiving  and  mocking  enemies,  bound,  blind,  and 
impotent,  save  for  purposes  of  indiscriminate  destruction.  Alas! 
alas  !  and  yet  alas  !  Our  long  trusted  and  world-renowned  Palinu- 
nis  has  permitted  liimself  to  grow  slumberous  at  his  post,  and  has 


May  17.]  TEMPORARY  OCCUPATION  OF  YUCATAN.  649 

tombledintomid-ocean,  whilst  his  hands  still  firmly  grasped  the  rud.  in  the  distance  the  boiling  whirlpool  and  the  frowning  rock.    "Will 

der  of  State;  and  now,  if  (he  last  hopes  of  the  Trojan  people  shall  be  he.  oh    will  he,"  permit   that  eiinninir    Greek,    whom    he   holds 

rescued  from  the  innumernns  perils  of  the  briny  deep,  it  will  bo  be-  captive,  to  consign   him    to  unseasonable  slumber?     Will  great 

causesome  :Eneaswill  promptlyseizethe  helm, andsteer  boldly  and  Polyphemus  sleep  whilst  that    same  wily  Greek  shall  sharpen  his 

at  once  to  the  destined  port.  Another  imarre,  yet  more  horrific,  sug-  own    club,    tear   away    from    him    his  precious    organ   of    si^ht 

gesis  itself  lo  my  exciied  and  tortured  fancy.     I  behold  the  rocky  and  leave  him  howling  along  the  shore,    to  dwell   fn  solitiide"  in' 

shore  of  Sicily  :  yonder  stands  the   huge   Clycopean  shepherd,  of  darkness,  and  in  desperation  forever?     It  will  be  for  the  future  lo 

more  than  Herculean  dimensions,  and  whose  single-eyed  vision  has  decide  these  great  and  momentous  points, 
been  accustomed   to  survey,    at  a    glance,    all   the  wonders  of  the  On  motion 

land  and  ocean,  for  many  miles  around  his  capacious  cave;  now  he  ' 

looks  serenely  upon  his  flocks  who  repose  at  his  feet — now  he  sees         The  Senate  adjourned. 

aOTH  CoNR. — 1st  Session — No.  83. 


650 


FETITIONS=PRIVATE  BILLS,  ETC, 


[Thursday J 


THURSDAY    MAY  18,  1848. 


REPORTS  FROM  DEPARTMENTS. 

Tha  VICE  PEESIDENT  laid  before  the  Senate  a  report  r.f 
the  iicliii"  Secretary  of  the  Treasury,  tnaile  in  compliance  with  are- 
solution  of  the  Senate,  showing  the  quantity  and  value  ot  siigar 
irrporled  into  the  United  States  during  the  years  1844,  1845, 184t5, 
and  1S47;  which  was  read  and  ordered  to  be  printed. 

Also,  a  report  of  the  Secretary  of  the  Navy,  raade  in  compli- 
ance with  a  resolution  of  the  Senate,  accompanied  by  the  papers 
f.led  by  Mary  Cassin,  with  her  application  for  a  pension  ;  which 
was  read  and  referied  to  the  Committee  on  Naval  Affairs. 

PETITIONS. 

Mr  PEARCE  presented  the  memorial  of  Sarah  A.  .Vlackay, 
widow  of  a  deceased  army  officer,  praying  the  renewal  of  her  pen- 
sion ;  which.was  referred  to  the  Committee  on  Pensions. 

Mr  JOHNSON,  of  Louisiana,  presented  a  petition  of  citizens 
of  the  parish  of  Natchitoches,  Louisiana,  prSying  an  appropria- 
tion for  improving  the  navigation  of  Red  river;  which  was  referred 
to  the  Committee  on  Commerce  and  ordered  to  be  printed. 

Mr  CLAYTON  presented  a  memorial  of  citizens  of  Bucks 
county  Pennsylvania,  praying  the  construction  of  a  railroad  be- 
tween the  cities  of  New  York  and  Philadelphia,  for  facilitatmg 
commercial  intercourse  and  the  transportation  of  the  mail,  whicb 
was  referred  to  the  Committee  on  the  Post  Office  and  Post 
Roads. 

Mr.  CRITTENDEN  presented  the  petition  of  Johnson  Price 
and  Alexander  R.  McKee,  praying  a  grant  of  lands  in  the  Terri- 
tory of  Oregon,  for  the  purpose  of  occupation  and  settlement  , 
which  was  referred  to  the  Committee  on  Public  Lands  and  ordered 
to  be  printed. 

On  motion  by  Mr.  DAVIS,  of  Missis.,ippi,  it  was 
Ordered,  That  J.  Anthony  King  and  Cuyler  W.  Young,  have 
leave  to  withdraw  their  petition. 

CONSIDERATION  OF  PRIVATE  BILLS. 

Mr.  JOHNSON,  of  Louisiana,  submitted  a  motion  that  Friday 
and  Saturdiy  of  this  week  be  assigned  for  the  consideration  of 
private  bills. 

Mr.  ATHERTON  said  that  he  would  be  very  happy  to  agree 
to  the  proposition  if  some  reservation  were  made,  by  which  the 
military  appropriation  bill  might  be  taken  up  to-morrow.  It  was 
important  that  that  bill  should  be  acted  upon,  as  it  made  appropri- 
ation for  the  board  of  examiners  at  West  Point,  which  would  as- 
semble early  in  June  next.  He  did  not  suppose  that  the  bill  would 
give  rise  to  debate. 

Mr.  JOHHSON,  of  Louisiana,  replied  that  he  had  no  objection 
•  to  the  understanding,  that  the  bill  referred  to  should  be  taken  up 
ro-morrow  mormng. 

Mr.  BRIGHT  was  not  disposed  to  object  to  the  motion,  pro- 
vided the  bill  providing  for  the  admission  of  Wisconsin  into  the 
Union,  should  hot  be  delayed.  The  chairman  of  the  Committee 
on  Territories  had  been  unexpectedly  called  from  the  chamber 
yesterday,  and  owing  to  that  circumstance,  the  bill  has  not  been 
taken  up  to-day. 

Mr.  JOHNSON  suggested  that  the  bill  might  be  taken  up 
to-day. 

Mr.  BRIGHT  remarked  that  there  were  some  estimates  neces- 
sary  to  he  made,  in  case  any  member  of  the  body  wished  to  be  in- 
firmed  of  the  precise  condition  of  the  lands  hitherto  granted  for 
purposes  of  internal  improvement.  If  the  Senate,  however, 
should  consent,  he  would  be  very  glad  to  call  up  the  b(Jl  to-day. 

Mr.  JOHNSON  said  he  would, for  one,  agree  to  taking  up  the 
bill. 

Mr.  BRIGHT  replied  that  ho  had  just  been  reminded  that  the 
Senator  from  Ohio  was  entitled  to  the  floor  to-day,  and  as  the 
Wisconsin  bill  would  doubtless  occupy  some  time,  he  did  not  wish 
to  interfere  with  the  arrungements  for  the  day. 

Mr.  DiVVIS,  of  Massachusetts,  observed  that  there  were  seve- 
ral important  public  measures  awaiting  the  action  of  the  Senate, 
which,  it  appeared  to  him,  should  not  be  set  aside  by  private  bills. 
Among  these  measures  was  the  bill  relating  to  the  administration 
of  JHStFce.  under  the  terms  of  a  treaty  between  the  United  States 
and  the  Chinese  empire — a  bill  somewhat  complicated,  and  which 
had  been  unduly  suspended,  as  it  was  very  probable  that  the  pub- 
lic interests  were  now  suffering  in  consequence  of  delay  in  acting 
upon  it. 


Mr.  DICKINSON  then  moved  that  the  motion  be  laid  upon  th« 
table. 

A  division  was  called  for  with  the  following  result  . 


17 
13 


Ayes 

Noes        -  - 

.Majority  for  the  motion 

So  the  motion  was  laid  on  the  table. 

EMORY'S  AND  ABERT's  REPORTS. 

Mr.  CASS  submitted  the  following  motion  for  consideration  : 

Ordered.  That  the  Secretary  of  the  Senate  deliver  to  the  Bureau 
of  Topographical  Engineers  for  distribution,  two  hundred  extra 
copies  of  Lieutenant  Emor)''s  report,  and  two  hundred  extra 
copies  of  Lieutenant  Abert's  report,  ordered  to  be  printed,  ol  the 
expedition  from  Fort  Leavenworth  to  the  PaCifio,  under  General 
Kearny. 

MOTION  FOR  A  RECESS. 

Mr.  BADGER  submitted  a  motion  that  when  the  Senate  ad- 
journ on  Monday  next,  it  be  to  the  following  Thursday. 

Mr.  ATHERTON  objected  to  the  consideration  of  the  motion. 

Mr.  BADGER  said  he  had  submitted  the  motion  only  as  aii  act 
of  courtesy  to  the  other  side  of  the  chamber,  and  as  it  was  object- 
ed to,  he  would,  with  the  consent  of  the  Senate,  withdraw  it. 

Leave  being  granted,  the  motion  was  withdrawn  accordingly.    ^ 

PRIVATE    BILL. 

Mr.  YULEE,  from  the  Committee  on  Naval  Affairs,  to  whom 
was  referred  a  memorial  of  Sarah  Ann  Hart,  submitted  a  report, 
accompanied  by  a  bill  for  the  relief  of  the  representatives  and  sure- 
ties of  Benjamin  F.  Hart,  late  a  purser  in  the  United  Statet 
Navy. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

LIGHT  HOUSES. 

Mr  DAV^^,  of  Massachusetts,  from  the  Committee  on  Com- 
merce to  whoni  was  referred  the  joint  resolution  from  the  House 
of  Representatives  extending  the  time  for  the  erection  of  certain 
light  houses,  reported  it  without  amendment. 

PRIVATE   BILL. 

Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  to  whom  vvas  referred  the  petition  of  L.  P.  Sanger,  sub- 
mitted a  report,  accompanied  by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

DISCHARGED. 

On  motion  by  Mr.  YULEE,  it  was 
Ordered.  That  the  Committee  on  Naval  Affairs  be  discharged 
from  the  further  consideration  of  the  memorial  of  John  Crosby  , 
from  the  furthei-  consideration  of  the  petition  of  Henry  M.  Paine  ; 
and  from  the  further  consideration  of  the  petition  of  citizens  of 
New  Buffalo,  Michigan,  for  a  naval  depot. 

PAYMENT   FOR  HORSES,  ETC.,  IN  THE  MILITARY  SERVICE. 

Mr.  TURNEY,  by  unanimous  consent,  asked  and  obtained  leave 
to  bring  in  a  bill  to  revive  the  act  entitled  "An  act  to  provide  for 
the  payment  of  horses  and  other  property  lost  or  destroyed  in  the 
military  service  of  the  United  States,"  approved  January  18,  1837, 
and  tho  acts  approved  October  14th,  1837,  and  August  23d,  1842, 
amendatory  of  the  same;  which  was  read  the  first  and  second 
times,  by  unanimous  consent,  and  referred  to  the  Committee  of 
Claims. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  Presiilenl;  The  House  of  Repreietilalives  liave  pHssetl  a  bill  m«kin£  appro- 
prialioni  for  the  payment  of  navy  |iensions  for  die  year  enilmg  30th  of  Jnnc,  1845).  m 
wliirh  tliey  rc(|uest  the  roneurrcnce  of  llie  tienale. 

The  House  of  Representnlivei  havengrred  to  Ihe  report  of  tlia  confireej  O"  '']?''"; 
acteeini;  volpsofthetwo  llouseion  the  bill  enlillecl  "An  art  to  piov.de  additional 
Esaminers  in  Ihe  Paleni  Olfice.  and  for  oilier  purpose"." 

The  Speaker  of  the  Honse  of  Representatives  having  sifned  six  enrolled  bilU,  I  am 
ditecud  to  bring  Ihem  lo  the  Senale  for  the  tijoature  ol  their  President. 


May   18.] 


DEFERRED  NOMINATIONS. 


651 


SIGNING    OF    BILLS. 

The  Vice  President  signed  the  following  enrolled  bills  : 

Au  act  to  require  tiie  holders  of  military  land  warrants  to  compensate  the  land  ofli- 
eeri  ofihe  United  States  for  services  in  relation  to  the  location  ot  those  warrants. 

.'Vn  act  in  amendment  of  an  act  entitled  "An  act  to  amend  the  act  entitled  'An 
act  to  reduce  the  rates  of  postage,  to  limit  the  use  and  correct  the  abuse  of  the  franlt- 
ing  privilege,  and  for  the  prevention  of  frauds  on  the  revenues  of  the  Post  Office  De- 
partment," passed  the  3rd  of  March.  1845." 

An  act  for  the  relief  of  William  P.  Brady. 

An  act  to  provide  for  the  ventilation  of  passenger  vessels  and  for  other  purposes. 

An  act  to  continue,  alter,  and  amend  the  charter  of  the  City  of  Washington. 

An  act  to  anthorize  the  issuing  of  a  register  to  the  brig  Encarnaeion. 

ADDITIONAL  EXAMINEKS  IN  THE  PATENT  OFFICE. 

The  Senate  proceeded  to  consider  the  report  of  tlie  conferees  on 
the  disagreeing  votes  of  the  two  Houses  on  the  bill  to  provide  ad- 
ditional Examiners  in  the  Patent  Office  and  for  other  purposes  ; 
and  it  was 

Rtrolved,  That  tliey  concur  tlierein.  and  that  the  hill  be  amended  acconlinely. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives thereof. 

DEFERRED  NOMINATIONS. 

The  Senate  resumed  the  conside|^ion  of  the  resolution  subinit- 
ted  by  Mr.  Johnson,  of  Maryland,  on  the  2Sth  ultimo,  in  relation 
to  Executive  appointments  in  the  recess  of  the  Senate. 


Mr.  ALLEN  addressed  the  Senate  at  length  in  opposition  to 
the  resolution,  and  in  reply  to  the  argument  of  Mr.  Johnson,  of 
Maryland,  delivered  at  a  former  day.  A  report  of  his  speech  will 
be  found  in  the  Appendix. 

Ordered,  That  the  further  consideration  of  the  resolution  be 
postponed  until  to-morrow. 

RECESS   ORDERED. 

Mr.  BELL  submitted  the  following  resolution,  which  was  con- 
sidered by  unanimous  consent,  and  agreed  to  : 

Rfsolved,  That  when  the  Senate  adjourns  on  Monday  next,  it  will  adjourn  to  meet 
fe4;ain  on  Thursday. 

EXECUTIVE     SESSION. 

The  Senate  then  proceeded  to  the  consideration  of  Executive 
business,  and  after  some  time  spent  therein 

On  motion, 
The  Senate  adjourned. 


On  Monday,  the  22d  instant,  the  Senate   met   and  immediately 
adjourned. 


652 


PETITIONS— RESOLUTIONS,  ETC. 


[Friday,        1  Ij 


FRIDAY,  MAY  19,  1848. 


MESSAGE  FROM    THE  PRESICENT. 

The  IbUowinfT  message  was  received  from  the  President  of  the 
United  States  hy  Mr.  Walker,  his  Secretary  ; 
Tothe  Saiatc  and  House  of  Representatives  of  the  United  States: 

I  ttantiiiit  for  the  inlbrnmlion  ot  Congre.5  a  communicalion  from  the  Secretary  ot 
War.  ami  a  report  of  the  CoinniisMoner  of  luiiian  Affairs,  .howiui;  the  result  ol  th» 
tettleinenl  reiiuire.l  by  the- treaty  or  August,  1816,  with  the  Cherokees,  and  the  ap- 
profjtiation*  requisile'to  carry  the  provisions  of  that  treaty  into  f^'^^^^ 


JAMES  K.  POLK. 


Washington.  May  19,  ld4S, 

The  messafro  was  read. 


PETITIONS. 


Mr.  CLAYTON  presented  a  memorial  of  citizens  of  Bucks 
county,  Pennsylvania,  praying  the  construction  of  a  railroad  from 
Philiidel|iliia  to  New  York,  to  facilitate  commercial  intercourse 
and  the  transportation  of  the  mail  between  ihose  c.ties;  which 
was  referred  to  the  Committee  on  the  Post  Office  and  Post  Roads. 

Mr.  CLAYTO.V  presented  tlie  petition  of  William  H.  Rogers, 
attorney  of  the  Uniti'd  Slates  for  tho  district  of  Delaware,  praying 
eompeii.'iaiion  lor  extra  official  services;  which  was  referred  to  the 
Committee  on  the  Judiciary. 

Mr.  DIX  presented  the  petition  of  Edward  A.  Buttolph,  pray- 
mg  that  the  papers  found  on  the  person  of  Major  Andre,  at  tho 
lirne  of  his  capture,  and  now  in  his  possession,  itiay  be  pur. 
chased  by  Congress  ;  which  was  referred  to  the  Commutee  ou  the 
Library. 

Mr.  STURGEON  pi-esented  the  petition  of  William  Norris  and 
Company,  praying  to  be  allowed  drawback  of  duties  on  imported 
iron  used  by  them  in  the  manufacture  of  steam  engines,  and  re-ex- 
ported; which  was  referred  to  the  Committee  on  Commerce. 

Mr.  BREESE  submitted  documents  relating  to  the  claim  of 
William  L.  Wigent,  to  the  right  of  pre-emption  to  a  quarter  sec- 
tion of  land  ;  vvhich  were  referred  to  the  Committee  on  Public 
Lands. 

Mr.  BREESE  submitted  documents  relating  to  the  claim  of 
Charily  Herrington,  to  be  conhrmcd  in  her  right  of  pre-emption 
to  a  tiact  of  land,  together  with  a  petition  of  citizens  of  Geneva; 
Illinois,  on  the  subject  of  said  claim  ;  which  were  referred  to  the 
Committeo  on  Public  Lands. 

COMPENSATION  TO  ASSISTANT   TREASURERS. 

Mr.  BRIGHT  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to. 

Resolved,  That  the  Coinniiltee  ou  Finance  be  instructed  to  inquire  inlothecipe 
tliency  cf  nrovidiop,  bv  law,  lor  the  payineni  of  a  fair  and  just  compensation  to  the 
varioiii  .tsiiitant  treasurers  of  the  United  Slates,  appointed  in  pursuance  of"  an  act 
to  provide  tor  the  belter  orsanization  of  the  Treasury,  and  for  the  collection,  sate- 
teeping.  transfer  aud  disbnnieraeut  of  the  public  revenue,"  who  are  not  now  special- 
ly provided  foi  in  said  act. 

PATENT  OFFICE  REPORT. 

Mr.  BADGER  submitted  the  following  motion  for  considera- 
tion : 

Ordered,  That  twenty  thousand  copies  of  so  much  of  the  annual 
report  of  the  Commissioner  of  Patents,  received  during  the  present 
session,  as  has  been  ordered  to  be  printed  by  the  House  of  Repre- 
sentatives, be  printed  for  the  use  of  the  Senate.  • 

MESSAGE    FROM    THE     PRESIPENT. 

The  following  message  was  received  from  President  of  the  Uni- 
ted States,  by  Mr.  Walker,  his  Secretary  : 

Mr.  President :  The  President  of  the  United  States  approved  and  signed  lh«  ITlh 
instant  the  following  acts  ; 

Alt  act  to  require  the  holders  of  military  land  svarrants  to  compensate  the  land  offl- 
cers  of  the  United  Slates,  for  services  in  relaliou  to  tho  location  ol  those  svarraoti 

An  net  in  amendment  of  an  act  entitled  "An  act  to  amend  the  act  entitled  'Au 
act  to  reduce  the  rales  of  jtostage.  to  limit  the  use  and  correct  theahu^e  ofthe  Iraukiug 
privilege,  and  for  the  prevention  of  fraud  on  the  revenue  of  the  Post  Oftice  Depart- 
ment," passed  the  3d  of  March,  ld4j. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

message  from   THE    HOUSE. 

The  following  message  was  received  from  the  Home  of  Repre- 
sentatives, by  Mr.  Campbell,  thejr  Clerk  : 

Mr.  President  :  The  House  of  Representfitives  have  passed  a  bill  entitled  "An  act 
for  tlie  rche  of  William  Tee,  of  PorUmouth,  Virginia,  in  which  they  request  the  c»n  ■ 
corrence  of  the  Senate, 

The  Pi«ident  of  the  United  States  this  day  approvjd  and  signed  th«  fallowing 
•eU  : 

Ad  net  to  coDtlaiw,  »Uci,  and  amend  the  chattel  of  th*  Cit;  of  WaitiiB£ton. 


An  act  to  provide  for  the  ventilation  of  passenger  vessels. 

.\n  act  to  authorize  the  issuing  of  a  register  to  the  brig  Encamaeion. 

An  act  for  the  relief  of  William  P.  Erady. 

HOt;SE    DILLS    REFERREP. 

The  bill  from  the  House  of  Representatives  for  the  relief  of 
William  Tee,  of  Porlsmouih,  Virginia,,  was  read  the  first  and  se- 
cond times  by  unanimous  consent. 

Ordered,  That  it  be  referred  to  the  Committee  ou  Pensions. 

The  bill  from  the  House  of  Representatives  making  appropria- 
tions for  the  payment  of  navy  pensions  for  the  yeir  ending  30th 
Juno,  1849,  was  road  the  first  and  second  limes  by  unanimous  con- 
sent. 

Ordered,  That  it  be  referredPo  the  Committee  on  Finance. 

SPANISH     STEAMERS. 

Mr.  DIX,  from  the  Committee  on  Commerce,  to  whom  was  re- 
ferred a  memorial  of  J.  Howard  and  Son,  reported  a  bill  concern- 
ing Spanish  steam  vessels  ;  which  was  read  the  first  and  second 
times  bv  unanimous  consent,  and  considered  as  in  Committee  of 
the  Whole,  and  no  amendment  being  made,  it  was  reported  to  the 
Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Resolved.  That  this  bill  pass,  and  that  the  tille  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  ooncurrenoe  of  th» 
House  ot  Representatives  therein. 

Mr.  DIX,  froiu  the  Committee  on  Commerce,  to  whom  was  re- 
ferred the  memonul  of  J.  Howard  and  Son,  reported  a  bill  aulho- 
rizing  the  issuing  of  registers  to  the  Spanish  steam  vessels  Tudcrte 
and  Cetro  lor  a  litiiiied  lime  ;  which  was  read  ihe  first  and  second 
limes  by  unanimous  consent,  and  considered  as  in  Committee  of 
the  Whole,  and  no  amendment  being  made,  it  was  reported  to  the 
Senate. 

Ordered,  That  it  be  engosscd  and  read  a  third  time. 

The  said  bill  was  reatl  a  thud  time  by  unanimous  consent. 

Resolved,  That  this  bill  pass,  and  that  ihe  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  ihe  concurrence  of  the 
House  of  Representatives  therein. 

PRIVATE   BILL, 

Mr.  WESTCOTT,  from  the  Committee  of  Claims,  reported  s 
bill  for  the  relief  of  Manuel  X.  Harmony  ;  which  was  read,  and 
passed  to  the  second  reading. 

ArjOtJRNMENT  OVEB- 

On  motion,  it  was 
Ordered,  That  when  the  Senate  adjourn  it  be  to  Monday  next. 

MILITARY  ACAOEMT. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the  Whole, 
the  bill  making  appmprialions  for  the  support  of  the  Military 
Academy  for  the  year  ending  the  30th  of  June,  1849  ;  and  having 
been  amended,  it  was  reported  to  the  Senate,  and  the  amendment 
was  concurred  in. 

Ordered,  That  the  amendment  be  engrossed,  and  the  bill  be  read 
B  third  time. 

The  said  bill  was  read  a  third  time  as  amended. 

Oriitrct^.  That  the  Secretary  request  the  conourreno«  of  th« 
House  of  Representatives  in  the  amendment. 

THE  PRIVATE  CALINDAB. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered,  That  the  previous  orders  be  postponed  for  the  purpoi* 
of  considering  the  private  bills  on  the  general  orders,  which  will 
not  give  rise  to  debate. 

The  bill  for  the  relief  of  George  Center  was  read  the  accond 
time,  and  considered  as  in  Committee  of  the  Whole  ;  and 

On  motion  by  Mr.  UNDERWOOD,  it  was 

Ordered,  That  the  further  consideration  thereof  be  postponed 
until  to-morrow. 

The  bill  for  the  relief  of  John  MilUken  and  other*  waf  re«i 
the  second  time  j  and 


Mat  19. J 


PRIVATE  BILLS. 


653 


On  motion  by  Mr.  FELCH,  it  was 

Ordered,  That  the  further  consideration  thereof  be  postponed 
until  to  morrow. 

The  following  bills  were  read  the  second  time,  and  considered 
as  in  Committee  of  thg  Whole  : 

A  bill  for  the  relief  of  BeDJamin  I.  Calioone 

A  bill  for  the  relief  of  Mesirs.  Cook,  Anthony,  Mabon,  and  olhsii 

A  bill  for  the  relief  of  William  II.  Prentis-. 

A  bill  for  the  relief  of  Anna  J.  Hatsler- 

A  bill  for  the  relief  of  William  Parmeter. 

A  bill  for  the  relief  of  David  Currier. 

and  no  amendment  being  made,  they  were  reported  to  the  Senate. 
Ordered,  That  they  be  engrossed  and  read  a  third  time. 
The  said  bills  were  read  a  third  time  by  unanimous  consent. 

Jleaolvtd,  That  they  pass,  and  that  tlieir  titles  je  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

The  bill  f<ir  the  relief  of  the  widows  and  orphans  of  the  offi- 
cers, seamen,  and  marines  of  the  brif^  of  war  Sowers,  was  read 
the  second  lime  and  considered  as  in  Committee  of  tlie  Whole, 
and  no  amendment  being  made,  itVas  reported  to  the  Senate. 

The  blank  in  the  10th  lino  having  been  filled  with  the  word 
"twelve,"  it  was 


Ordered,  That  the  bill  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Risolred.  That  this  bill  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered.  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

The  Senate  proceeded  to  consider  the  following  bills,  a*  in  Com- 
mittee of  the  Whole  : 

An  act  for  the  rehef  of  Mary  Brown,  widow  of  Isaac  Brown 
An  act  for  the  relief  of  John  Mitchell. 

An  act  for  the  admission  of  the  Slate  of  Wisconsin  into  the  Umon. 
and  no  amendment  bemg  made,  they  were  reported  to  the  Senate. 
Ordered,  That  they  pass  to  a  tliird  reading. 
The  said  bills  were  read  a  third  time. 
Resolved,  Tiiat  the  said  bills  pass. 

Ordered.  That  the  Secretary  notify  the  Hotise  of  Representatives 
accordingly. 

On  motion  by  Mr.  CAMERON,  the  prior  orders  were  post- 
poned, and  the  Senate  pioceeded  to  consider,  as  in  Committee  of 
the  Whole,  th«  bill  from  the  House  of  Representatives  for  the  re- 
lief of  David  Myerle. 

Debate  arising — 

On  motion, 

The  Senate  adjourned. 


654 


PAYMENT  OF  PUBLIC  INTEREST. 


[Thursday, 


THURSDAY,  MAY  25,  1848. 


PETITIONS. 


Mr.  BRADBURY  presented  the  memorial  of  Cliflord  S.  Worth- 
ing, asliinn;  the  establishment  of  a  mail  route  from  .'Vugusta  to 
Bangor;  which  was  referred  tu  the  Committee  on  the  Post  Office 
and  Post  Roads. 

Mr.  DIX  presented  the  memorial  of  the  Steam  Navigation 
Company  of  New  Jersey,  and  the  New  York,Boston,  and  Providence 
Railroad  Company,  asking  renumeraiion  for  maintaining  a  light- 
boat  on  the  Eel-grass  ^hoal,  in  Fisher's  Island  Sound;  which  was 
referred  to  the  Commiitee  on  Commerce. 

Mr.  BENTON  presented  the  memorial  of  J.  Quinn  Thornton, 
asking  that  the  laws  of  the  United  States  may  be  extended  over 
the  Territory  of  Oregon,  and  that  donations  of  land  may  be  made 
to  settlers  in  said  Territory. 

Mr.  BENTON  said  the  memorialist  had  lately  arrived  in  this 
country;  that  the  memorial  was  replete  with  valuable  information 
connected  with  the  operations  of  the  inhabitants  of  the  Territory; 
and  ho  should,  therelore,  move  that  it  be  printed;  which  motion 
was  agreed  to. 

PRIVATE  BILLS. 

Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  to  wliom  was  referred  the  memorial  of  Trick  and  Haddock, 
Bubmitted  a  report  accompanied  by  a  bill  for  their  relief. 

The  bill  was  read  and  passed  to  the  Eeoond  reading. 

Ordered,  That  the  report  be  printed. 

CREEK  INDIAN  WAKRIORS. 

Mr.  BELL  submitted  the  following  resolution,  which  wa»  con- 
sidered by  unanimous  consent,  and  agreed  to  : 

^'  Resohtd,  That  the  Secretary  of  War  be,  and  he  is  hereby  diiectod  to  famish  th« 
Senate  with  a  list  of  the  Creek  loiUan  uarriora  who  were  killed  or  wounded,  or  who 
died  while  in  the  service  of  the  United  States,  during  the  late  war  in  Florida,  with  the 
dales  when  they  were  severally  killed  or  wounded,  or  when  they  died,  together  with  s 
atalement  of  iha  arrears  ot  pay  due  to  each  ot  them  respectively 

ADJOURNMENT  OVER. 

On  motion,  it  was 
^Ordered,  That  when  the  Senate  adjourn,  it  be  to  Monday  next. 

MODE  OF  PAYING  THE  PUBLIC  INTEREST. 

Tie  Senate  proceeded  to  consider  the  following  resolution,  sub- 
mitted by  Mr.  Niles,  on  the  ITth  inst. 

Resohed,  That  the  Secretary  of  the  Treasury  be  directed  to  report  to  the  Senate 
luoh  intbrmation  as  may  be  in  the  possession  of  the  Treasury  Department  in  regard  to 
ihe  mnnuer  in  which  the  interest  of  the  public  debt  has  been  paid  at  Boston.  New  York, 
Philadeiphiu.  and  other  places  in  which  the  interest  on  the  public  debt  is  paid,  and 
particularly  that  he  inform  the  Senate  whether  in  any  instance  payment  has  been 
made  in  any  other  medium  than  gold  or  sih-er. 

Mr.  NILES. — I  offer  this  resolution  in  consequence  of  informa- 
tion which  I  received  from  a  friend,  as  the  violation  of  the  express 
provision  of  a  law,  and  I  thought  it  proper  that  the  subject  shouW 
be  inquired  into.  I  do  not  know  how  long  the  practice  has  pre- 
vailed; but  that  it  has  prevailed,  I  am  well  assured.    1  refer  to 


the  fact  of  placing  the  funds  of  a  government  in  a  bank,  and  of 
disbursing  the  bills  of  that  bank  in  the  payment  of  government 
dues.  This  practice  is  i\  direct  violation  of  the  pov.iisions  of  the 
sub-treasury  act.  The  object  of  that  law,  as  every  one  knows,  is 
to  provide  that  the  transactions  of  the  federal  government,  both 
as  regards  receipts  and  disbursements,  shall  be  in  a  constitutional 
currency.  Having,  myself,  been  one  of  the  early  and  steadfast 
friends  of  that  measure,  I  desire  to  see  it  honestly  executed. 

Mr.  DAVIS,  of  Mississippi. — I  certainly  have  no  objection  to 
an  inquiry;  but  I  submit  to  the  .Senate,  whether  it  is  fair,  that  the 
heads  of  departments  should  be  called  upon  at  the  bidding  of  irre- 
sponsible persons,  to  make  replies  to  inquiries,  and  have  their  tiiue, 
which  ought  to  be  applied  to  the  discharge  of  their  official  duties, 
thus  occupied.  I  do  not  say  that  what  the  Senator  complains  of 
has  not  been  done,  but  we  ough«  to  be  furnished  with  some  evi- 
dence of  the  fact.  It  is  very  easy  to  make  a  charge  of  this  kind, 
but  before  the  Senate  act  upon  it,  I  think  they  should  require  some 
evidence  of  the  justness  of  the  charge. 

Mr.  NILES. — I  am  surprised  tVat  the  honorable  Senator  should 
object  to  the  passage  of  this  resolution.  It  is  a  mere  matter  of 
inquiry.  As  I  have  already  stated,  the  resolution  is  otfered  in 
constquence  of  informsftion  received  from  a  very  high  private 
source.  I  am  also  surprised  that  the  honorable  Senator  should  re- 
gard the  resolution'  as  being  an  attack  upon  the  Secretary  of  the 
Treasury.  I  have  no  idea  that  the  Secretary  has  been  conniving 
at  the  practice  to  which  I  have  alluded.  It  is  the  act,  I  believe, 
of  a  subordinate  officer.  But  whoever  is  in  fault,  I  certainly  think 
it  is  a  very  strani;6  position  to  assume,  that  we  are  not  to  inquire 
whether  a  very  important  law  has  been  faiihf'illy  executed  or  not. 
I  am  not  prepared  to  say  upon  whom  the  blame  will  fall  ;  but  this 
I  say,  if  such  a  practice  has  prevailed,  it  is  a  gross  abuse,  and 
should  be  inquired  into  When  we  passed  this  act,  we  were  told 
by  those  who  were  opposed  to  it,  that  it  would  have  no  practical 
ellect;  but  all  have  been  forced  to  admit  since  it  has  gone  into  ef- 
fect, that  its  operation  has  been  highly  salutary  in  every  respect. 
I  am  surprised  to  hear  the  honorable  Senator  from  Mississippi  say, 
that  we  must  not  even  inquire  whether  there  has  been  any  abuse. 
The  resolution  merely  asks  for  information. 

Mr.  DAVIS. — The  Senator  will  understand  that  the  objeotion 
I  make,  is  solely  upon  the  ground  of  information  being  derived 
from  an  irresponsible  source.  If  the  Senator  says  he  believes  that 
such  abuse  exists,  I  have  no  objection  to  the  adoption  of  the  resolu- 
tion :  bnt  1  certainly  do  object  to  all  these  harrassing  calls  upon 
the  Dejiartments,  which  are  calculated  to  occupy  the  time  that 
might  be  more  usefully  apphed  in  the  discharge  of  their  official 
duties. 

Mr.  NILES. — I  have  full  confidence  in  the  source  whence  this 
information  comes;  I  am  satisfied  there  has  been  abuse,  and  I  da. 
sire  that  it  shall  be  brought  to  the  notxo  of  the  Secretary. 

The  question  being  taken  upon  agreeing  to  the  resolution,  it  was 
determined  in  the  affirmative. 

On  motion, 

The  Senate  adjourned. 


May  29.] 


PETITIONS--RESOLUTIONS,  ETC. 


655 


MONDAY,  MAY  29,  1848. 


RESIGNATION  OF  SENATOR  CASS. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  letter  from 
the  Hon.  Lewis  Cass,  resigning  his  seat  in  the  Senateof  the  Uni- 
ted States,  as  one  of  the  Senators  from  the  State  of  Michigan  ; 
which  was  read. 

On  motion  by  Mr.  FELCH,  it  was 

Ordered,  That  the  Vice  President  be  requested  to  inform  the 
Executive  of  the  Stale  of  Michigan  that  the  Hon.  Lewis  Cass, 
one  of  the  Senators  from  the  State  of  Michigan,  has  this  day 
resigned  his  seat  in  the  Senate  of  the  United  States. 


Mr.  HALE  presented  a  memorial  of  citizens  of  Philadelphia, 
Pennsylvania,  praying  the  construction  of  a  railroad  between  New- 
York  and  Philadelphia,  to  facilitate  commercial  intercourse  and 
the  transportation  of  the  mail  between  ihose  cities  ;  which  was 
referred  to  the  Committee  on  the  Post  Office  and  Post  Roads. 

Also,  three  petitions  of  citizens  of  the  Slate  of  Maine,  praying 
that  an  inquiry  may  be  instituted  by  Congress  into  the  existence  of 
the'^slave  trade  in  the  District  of  Columbia,  and  under  what  au- 
thority of  law  the  same  is  carried  on  ;  the  motion  to  receive  which 
was  laid  upon  the  table. 

Also,  a  petition  of  female  inhabil ants  of  the  United  States,  pray- 
ing the  withdrawal  of  the  United  States'  army  from  Mexico,  and 
■  the  re-establishment  of  peace  with  that  republic  ;  whith  was  re- 
ferredto  the  Committee  on  Military  Affairs. 

Mr.  FELCH  presented  the  petition  of  Jedediah  Gray,  praying 
a  pension  for  an  injury  received  while  a  soldier  in  the  ordnance  de- 
partment of  the  army  ;  which  was  referred  to  the  Committee  on 
Pensions. 

Mr.  BELL  presented  the  memorial  of  Samuel  F.  Read  praying 
compensation  for  a  horse  taken  for  the  use  of  the  United  States  in 
the  Florida  war  ;  which  was  referred  to  the  Committee  of  Claims. 

Mr.  DOWNS  presen'ed  two  memorials  of  citizens  of  the  State 
of  Louisiana,  praying  the  purchase  of  .»iount  Vernon  by  the  go- 
vernment ;  which  were  referred  to  the  Committee  on  Military 
Affairs. 

Also,  a  petition  of  citizens  of  Louisiana,  praying  the  establish- 
ment of  a  judicial  district  north  of  Red  river  in  that  State  ;  which 
was  referred  to  the  Committee  on  the  Judiciary. 

Mr.  CRITTENDEN  presented  the  memorial  of  Lawrence  M. 
Morton  and  others,  clerks  in  the  pay  department  of  the  army, 
praying  an  increase  of  compensation  ;  which  was  referred  to  the 
Committee  of  Claims. 

Mr.  NILES  presented  the  petition  of  Candace  Munn,  widow 
of  John  G.  Munn,  deceased,  a  soldier  in  the  last  war  with  Great 
Britain,  praving  to  be  allowed  a  pension  ;  which  was  referred  to 
the  Committee  on  Pensions. 

On  motion  by  Mr.  BAGBY,  it  was 

Ordered,  That  the  petition  of  Wade  Allen,  on  the  files  of  the 
Senate,  be  referred  to  the  Committee  on  the  Post  Office  and  Post 
Roads 

LIGHT  HOUSE    ON    LONG  ISLAND. 

Mr.  WEBSTER. — At  the  last  session  of  Congress  a  sum  of 
money  was  appropriated  for  building  a  light  house  at  the 
western  end  of  Long  Island  Sound.  I  learn  that  no  progress  has 
been  made  in  the  erection  of  this  light  house  in  consequence  of 
some  obstacle  that  has  occurred.  I  wish,  therefore,  to  submit  a 
resolution  of  enquiry  in  regard  to  it,  and  hope  that  the  Senate  will 
adopt  it.  It  calls  upon  the  Secretary  of  the  Treasury  for  informa- 
tion as  to  what  cause  has  occurred,  if  any,  to  deler  the  building  of 
this  light  house;  and  I  take  occasion  to  say,  that  very  recently,  in 
consequence  of  the  want  of  a  light  at  the  place  designated  by  the 
law  of  Congress,  authorizing  the  erection  of  the  light  house,  the 
government  itself  has  sustained  a  very  heavy  loss. 

Mr.  WEBSTER  then  submitted  the  following  resolution,  which 
was  considered  by  unanimous  consent,  and  agreed  to  : 

R&solced.  That  the  Secretary  of  th  e  Treasury  inform  the  Senate  what  pro:;ress  ha« 
been  made  in  the  erection  of  a  light  boose  on  Execntion  Rock,  under  the  act  of 
March  3d,  1847.  and  what  causes  have  occnrred  to  delay  the  completion  of  that  work. 

MESSAGE    FROM    THE    PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary  : 

To  the  Senate  find  House  of  Representatives  of  the  Ciitte  I  ostites  : 

I  lay  before  Congress  the  accompanying  memorial  and  papers,  which  have  been 
tnosmitud  to  roe  by  a  special  messenger,  employed  for  that  purpose  by  the  Governor 


and  "  Legislative  Assembly  of  Oregon  Ternlory,"  who  constitute  the  temporary  go- 
vernroent'^which  the  inhabitants  of  that  distant  rcoion  of  onr  ronntry  have,  from  the 
necessity  of  their  condition,  organized  for  themselves.  The  memorialists  are  citizeni 
of  the  United  Stales.  They  express  ardent  attachment  to  their  native  land,  and  in 
their  present  perilous  and  distressed  situation,  they  earnestly  invoke  the  aid  and  pro- 
tection of  their  government. 

They  represent  that  "the  proud  and  powerful  tribes  of  Indians"  residing  in  their 
vicinity  have  recently  raided  "the  svar-whoop  and  crimsonrd  their  tom.ihawksin  tha 
blood  of  theircitizens;"  that  thcv  apprehend  that  "manyoflhe  powcrlul  tribes  in- 
habit intr  the  upper  vallev  of  the  ('Columbia  have  formed  an  alliance  for  the  purpose  of 
carrying  on  hostilities  against  their  seUlemcnis  ;"  thai  the  nuroher  of  the  white  popu- 
lation is  far  inferior  to  that  of  the  savages ;  that  they  are  deficient  in  atms  and  money, 
and  fear  tlint  thev  do  not  possess  stiength  to  repel  the  "attack  of  so  foimidable  a  fo6 
and  protect  their'familicB  and  properly  from  violence  and  rapine."  They  conclude 
their  appeal  to  the  government  of  the  United  Slates  for  relief  by  declaring  :  "  Ifil  be 
at  all  the  intention  of  our  honored  parent  to  spread  her  gnaidian  wing  over  her  tout 
and  daughters  in  Oregon,  she  sorely  will  not  refuse  to  do  it  now.  when  thev  aie  strug- 
gling with  all  ihe  ills  of  a  weak  and  temporary  government,  and  when  perils  are  daily 
thickeningaround  them  and  pir'pating  to  hurst  upon  their  heads.  When  the  ensuin" 
Bummer's  sun  shall  have  dispelled  Ihe  snow  from  tho  mounlains  we  shall  look  with 
glowing  hope  and  restless  an.xiclv  for  the  coining  of  your  laws  and  your  arms." 

In  mv  message  of  the  5tli  of  August,  J84(>,  oommiincafing  "a  copy  of  ihe  conven- 
tion for'the  spttienient  and  adjnstment  of  the  Oregon  boundary,"  I  recommended  to 
Congress  that  "piovision  shoiild  be  made  by  law  at  the  earliest  practicable  period  for 
the  organization  of  a  territorial  government  in  Oregon."  In  my  annual  messageof 
December,  1846.  and  again  in  December.  1P47.  this  recommendation  was  repealed. 

The  population  of  Oregon  is  believed  to  exceed  twelve  thousand  souls,  and  it  le 
known  that  it  will  be  increased  by  a  large  number  of  emigrants  during  the  present 
season.  The  (acts  set  forth  in  the  accompaliyinp  memorial  and  papers  show  lliat  the 
dangers  to  which  our  fellow-citizens  are  exposed  are  so  imminent  that  I  deem  it  to  be 
my  duty  again  lo  impress  on  i^ongress  the  strong  claim  which  the  inhabi|0ntsof  that 
distant  country  have  to  the  benelit  of  our  laws  ami  the  protection  of  our  government. 

I  therefore  again  invite  the  attention  of  Congress  to  ihe  subject,  and  lecommend 
that  laws  be  promptlv  passed  establishing  a  Icrrilortal  government,  and  gianting  au- 
thority to  raise  an  adequate  voiuti  cer  force  for  the  defence  and  protection  of  its  in- 
habitant;. It  is  believed  that  a  retimenl  of  mounted  men.  with  such  additional  force 
aa  may  be  raised  in  Oregon,  will  be  su/Ticient  lo  aflbrd  the  reqniicd  protection.  It  it 
recommended  that  the  forces  raised  for  this  purpose  should  engage  to  serve  for  twelve 
months,  unless  soonerdischa  ged.  No  t'onljt  isenteitaincd,  wiih  proper  iudiitemcDti 
in  land  bounties,  such  a  force  cati  be  raised  in  a  short  time.  Upon  the  expiration  of 
their  service  many  of  them  will  doubtless  desire  to  rcmaio  in  the  country  andselde 
upon  the  land  which  they  may  receive  a*  bonnly. 

It  is  deemed  important  that  provision  be  made  for  the  appointmenl  of  a  sait«b1e 
number  of  Indian  agents  to  reside  among  the  various  tribes  in  Oregon,  and  thitt  ap- 
propriations be  made  lo  enable  them  to  treat  with  these  tribes,  with  a  view  to  restore 
and  preserve  peace  between  them  and  the  whileinhabitants. 

Should  the  laws  recommended  be  promptly  passed,  the  meaiures  for  their  execulios 
maybe  completed  during  the  present  teafOn.  and  before  theseveii'y  of  winter  will  in- 
terpose obstacles  in  crossinstbe  Bocky  Mountains.  If  uot  promptly  passctla  delay  of 
another  year  will  be  the  consequence,  and  may  prove  deBtructive  to  the  white  settle- 
mentsinOr.-gon.  ^^^^^  ^    ^^^^ 

Wabhingtok,  May  29,  1848. 


The  message  having  been  read — 

Mr.  BRIGHT  moved  that  the  message  be  referred  to  the  Com- 
mittee on  Territories,  and  be  printed. 

Mr.  BADGER  moved  to  amend  the  motion  to  print  by  includ- 
ing the  documents. 

Mr.  ATCHISON  could  see  no  necessity  for  a  reference  to  the 
Committee  on  Territories.  That  committee  had  already  done  all 
that  was  recommended  by  the  President  in  reference  to  ilie  estab- 
lishment of  a  terrl.orlal  government,  by  reporting  a  bill  for  that 
purpose.  If  the  message  was  referred  at  all,  it  should  be  to  the 
Committee  on  Military  Affairs,  in  oider  that  they  might  report 
upon  the  subject  of  the  regiment  of  mounted  volunteers. 

The  message  was  hen  referred  to  the  Committee  on  Mil'tary 
Affairs,  and,  with  the  accompanyiag  documents,  was  ordered 
to  be  printed. 

CHANGE    OF    REFERENCE. 

On  motion  by  Mr.  DIX,  it  was 

Ordered,  That  the  Committee  on  Commerce  be  discharg'^d  from 
ihe  further  consideration  of  the  petition  of  William  Noiris  and 
company,  and  that  it  be  referred  to  the  Committee  on  Finance. 

ADVERSE    REPORTS. 

Mr.  YULEE,  from  the  Committee  on  Naval  Affairs,  to  whom 
was  referred  the  bill  in  addition  to  an  act  for  the  more  eqnitable 
distribution  of  the  navv  pension  fund,  reported  the  same  without 
amendment,  and  submitted  an  adverse  report  on  the  subject,  which 
was  ordered  to  be  printed. 

Mr.  YULEE,  from  the  same  committee,  to  whom  was  re- 
ferred the  petition  of  Abel  Gregg,  the  memorial  of  John  Ericsson, 
and  the  memorial  of  Ann  Kelly,  submiited  adverse  reports  there- 
on ;  which  were  ordered  to  be  printed. 

On  motion  by  Mr.  YULEE,  it  was 
Ordered.  That  the  Committee  on  Naval  Affairs  be  discharged 
from    the  further  consideration   of  the   memorial   of  Sarah   Ann 
Hart,  and  from  the  further  consideration  of  the  memorial  ol  Sarah 
Hebard. 


656 


FOREIGN  MAIL  SERVICE. 


[Monday, 


PRIVATE   BILLS. 

Mr.  YULEE,  from  the  Committee  on  Naval  Affairs,  to  whom 
wa?  referred  the  bill  for  the  relief  of  John  W.  Simonton,  reported 
the  same  with  amendments. 

Mr.  BADGER,  from  the  Committee  on  Naval  Affairs,  to  whom 
was  referreil  ihe  bill  for  the  relief  of  Frances  M.  Holton,  reported 
the  same  without  amendment. 

VIOLATION    OF    SECRECY. 

Mr.  BUTLER,  from  the  Committee  on  the  Judiciary,  who 
were  instructed  to  inquire  into  the  subject,  reported  a  bill  lo  pun- 
ish violations  of  the  secret  proceedings  of  Congress  ;  which  was 
read  and  passed  to  the  second  reading. 

ADVERSE    REPORT. 

Mr.  BRADBURY,  from  the  Committee  of  Claims,  to  whom 
was  recommitted  the  petition  of  Amos  Holton,  reported  a  resolu- 
tion : 

"That  the  evidence  presmteil  by  Amos  Holton  is  iusudicient  to  justify  llie  allow- 
nnce  of  his  claim,  and  that  the  coniniillee  be  ilischarged  from  the  further  consifiera- 
t;on  of  the  subject." 

Emory's  and  abert's  reports. 

The  Sc^nale  proceeded  to  consider  the  motion  submitted  by  Mr. 
Cass,  on  the  18th  instant,  that  the  Secretary  of  the  Senate  fur- 
nish the  Bureau  of  Topographical  Engineers  with  two  hundred 
copies  of  Lieutenant  Emory's  report,  and  two  hundred  copies  of 
Lieutenant  Abert's  report  ;  and  the  motion  was  agreed  to. 

MESSAGE    FROM    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Ca.m"pbell,  their  Cleric : 

Mr.  President ;  Tlie  House  of  Representatives  h.T-e  parsed  the  bills  of  the  Senate 
for  the  relief  of  Edu-avd  Bolon  ;  for  the  relief  of  Tliomas  Brownell  ;  for  the  relief  of 
Samuel  \V.  Bell,  a  native  of  t.'ie  Cherokee  nation  ;  and  for  the  relief  of  Reyiioldj 
May. 

They  have  passed  a  bill  in  explanation  of  an  act  entitled  "  An  act  to  appropriate 
the  proceeds  of  the  public  lands  and  lo  fe'ranr  pre  emption  right:*;  a  bill  suj.plenientai 
to  '*  an  act  to  confirm  the  survey  and  location  of  claims  lor  land^  in  the  State  of  IVIi.- 
sissippi.  easr  of  the  I'earl  river  and  south  of  the  thiity  first  degree  of  north  latitude," 
approved  March  3,  1H45:  a  bill  amendatory  of  an  act  entitled  "An  act  amendatory  of 
the  act  entitled  "An  act  to  iiicorpor^tl^the'P  oviilent  Association  of  Clerks  in  tlie  Civil 
Department  of  the  government  of  the  United  States  in  the  Dibliict  of  Columbia,  ap- 
proved 3d  March  ld2o/,"  and  Beveral     '  -     .  -  .     . 

concurrence  of  the  Senate. 


everal  private  bills,  in  all  of  which  they  request  the 


The  Speaker  of  the  House  of  Representatives  having  si;ined  three  enrolled  bills.  I 
am  diretiled  to  bring  tliem  to  the  Senate  for  the  signature  ot  their  President. 

SIGNING  OF  BILLS. 

The  VICE  PRESIDENT  signed  the  enrolled  bills  for  the  relief 
of  Mary  Brown,  widow  of  Jacob  Brown;  for  the  relief  of  John 
Mitchell;  and  lor  the  admission  of  the  State  of  Wisconsin  into  the 
Union. 

HOUSE  BILLS  REFERRED. 

The  bill  from  the  House  of  Representatives  for  the  relief  of  the 
legal  representatives  of  Lieut.  Francis  Ware,  was  read  the  first 
and  second  times,  by  unaniinous  consent,  and  referred  to'the  Com- 
mitleeon  Revolutionary  Claims- 

The  bill  from  the  House  of  Representatives  for  the  relief  of 
Lewis  Benedict,  was  read  the  first  and  second  times,  by  tinan- 
imous  consent,  and  referred  lo  the  Committee  on  Private  Land 
Claims. 

The  bills  from  the  House  of  Representatives  in  explanation  of 
an  act  entitled  "  An  act  to  approprmte  the  proceeds  of  the  jiublic 
lands  and  to  grant  pre-emplion  rights;"  and  supplemental  to  "  An 
act  to  confirm  the  survey  and  locaiion  of  claims  for  lands  in  the 
State  of  Mississippi,  east  of  the  Pearl  river  and  south  of  the  31st 
degree  of  north  latitutde,"  approved  March  3,  1845, 'were  sever- 
ally read  the  first  and  second  times,  by  unaflimous  consent,  and  re. 
ferred  to  the  Committee  on  Public  Lands. 

The  bill  from  the  House  of  Representatives  for  the  relief  of  Levi 
H.  Corson  and  for  other  purposes,  was  read  the  first  and  second 
times,  by  unanimous  consent,  and  referred  lo  the  Committee  on  the 
Judiciary. 

The  bills  from  the  House  of  Representatives  for  the  relief  of  the 
owners  of  the  Spanish  brig  Resiaurador;  and  lor  the  relief  of  Philip 
J.  Foniane,  were  severally  read  the  first  and  second  times,  by 
unanimous  consent,  and  referred  to  the  Comrnitiec  on  Coiximcrce. 

The  bill  from  the  House  of  Representatives  for  the  relief  of  Jo- 
seph Perry,  a  Choctaw  Indian,  or  his  assignees,  was  read  the  first 
and  second  times,  by  unanimous  consent,  and  referred  to  the  Com- 
mittee on  Indian  Affairs.  < 

The  bills  from  the  House  of  Representatives  for  the  relief  of 
Anna  Yiirringion  ;  for  the  reliefof  Hugh  Riddle  ;  for  the  relief  of 
Maurice  R.  Siinons  ;  for  the  reliefof  Eliphas  C.  Brown  ;  for  the 
relief  of  Henry  N.  llaisted  ;  for  the  relief  of  Robert  Ramsay  ; 
for  the  relief  of  John  Farnham  ;  fur  the  relief  of  Andrew  Flan- 
egan  ;  for  ihe  relief  of  William  Gott  ;  for  the  reliefof  Catharine 
Huffman  ;  lor  the  relief  of  iMary  Pike  ;  for  the  n-lief  of  Sarah 
Wood  ;  for  the  reliefof  Gideon  A.  Perry  ;  for  the  reliefof  Field- 
ing G.  Brown  ;  for  the  reliefof  Joseph  Taylor  ;   for  the  relief  of 


Mary  W.  Thompson  ,  and  for  the  relief  of  John  Haup,  were  se- 
verally read  the  first  and  sccind  limes,  by  unanimous  consent, 
and  referred  to  the  Committee  on  Pensions. 

The  bills  from  the  House  of  Representatives  for  the  reliefof  the 
heirs  of  Joseph  Gerard  ;  for  the  relief  of  the  legal  representatives 
of  Captain  George  R.  Shoemaker  ;  for  the  relief  of  Elisha  F. 
Richards  ;  for  the  relief  of  Mrs.  Mary  B.  Renner  ;  for  ihe  relief 
of  John  P.  B.  Gratiot  ;  and  the  legal  representatives  of  Henry 
Graiiol.  and  for  iherelief  of  Archibald  Beard,  and  twenty-one  oth- 
er Tennessee  volunteers,  were  severally  read  the  first  and  second 
times,  by  unanimous  consent,  and  referred  to  the  Committee  of 
Claims. 

The  bill  from  the  House  of  Representatives  amendatory  of  an 
act  entitled  "  An  act  amendatory  of  the  act  entitled  '  An  act  to 
to  incorporate  the  Provident  Association  of  clerks  in  the  civil  de- 
partment of  the  government  of  the  United  States,  in  the  District 
of  Columbia,'  approved  3d  March,  1825,"  was  read  the  first  and 
second  times,  by  unanimous  consent,  and  referred  to  the  Commit- 
tee on  the  District  of  Columbia. 

MESSAGE    Fr.OM    THE    PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary  : 

Mr.  President :  The  President  of  the  United  States  approved  and  signed,  on  the 
27t'i  instant,  the  following  acts  : 

And  act  extending  privileges  to  American  vessels  engaged  in  a  certain  mentioned 
trade,  and  for  other  purposes. 

An  act  explanatory  of  the  acl  entitled  "  .An  act  to  raise  for  a  limited  time  an  addi- 
tional military  force,  and  for  otiier  purposes,"  approved  lllh  February,  1S47. 

-^n  act  to  provide  additional  Examiners  in  the  Patent  Ofiice,  and  for  other  pur- 
poses. 

COMMITTEF    ON    MILITARY    AFFAIRS. 

On  motion  by  Mr.  BADGER,  it  was 

Ordered,  That  Mr.  BENTON  be  the  Chairman  of  the  Com- 
mitice  on  Military  Affairs  in  the  place  of  Mr.  Cass,  resigned,  and 
that  the  vacancy  in  the  committee  be  filled  by  the  Vice  Presi- 
dent. 

Mr.  Borland  was  appointed . 

REPAYMENT    OF    ADVANCES. 

On  motion  by  Mr.  TURNEY,  the  prior  orders  were  postponed, 

and  the  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  Iroiti  ihe  Hoiiseof  Representatives  to  refund  money 
for  expenses  incurred,  subsislence  and  transportation  furnished  for 
the  use  of  the  volunteers  during  the  present  war,  before  being 
mustered  and  received  into  the  service  of  the  United  Stales. 

THE  PRESIDING  OFFICER  stated  that   this  bill  had  been 

referred  to  the  Committee  on  Military  Affairs. 

Mr.  TURNEY  had  prepared  an  amendment  which  he  designed 

submitting,  and  in  order  to  afford  'he  committee  an  opportunity 
to  report  the  bill,  he  moved  that  its  further  consideration  be  post, 
poned  until  to-morrow;  which  was  agreed  to. 

INDIAN    APPROPRIATION    BILL. 

Ou  motion  by  Mr.  ATHERTON,  the  prior  orders  were  post- 
poned, and  the  Senate  proceeded  to  consider,  as  in  Committee  of 
the  Whole,  the  bill  from  the  House  of  Representatives  making 
appropriations  for  the  current  and  contingcnl  expenses  of  the  In- 
dian department,  and  for  fulfilling  treaty  stipulations  with  the  va- 
rious Indian  tribes  for  the  year  ending  June  30,  1S49.  and  for 
other  purposes,  together  with  the  amendments  reported  thereto 
from  the  Committee  on  Finance. 

The  reported  amendments  having  been  agreed  to,  the  bill  was 
reported  to  the  Senate  and  the  amendments  were  concurred  in. 

Mr.  ATCHISON  stated  that  he  had  been  instructed  by  the 
Committee  on  Indian  Affairs  to  offer  an  amendment  to  the  bill  , 
and,  in  order  lo  afford  him  an  opportunity  to  prepare  it,  he  moved 
10  postpone  the  further  consideration  of  the  bill  until  to-morrow  , 
which  was  agreed  to. 

FOREIGN   MAIL  SERVICE. 

On  motion  by  Mr.  NILES,  the  prior  orders  were  postponed, 
and  the  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  from  the  House  of  Representatives,  to  amend  the 
act  to  provide  for  the  transportation  of  the  mail  between  the  United 
States  and  fsreign  couniries,  and  for  other  purposes,  with  the 
amendments  reported  thereto. 

Mr.  NILES. — Several  amendments  have  been  made  to  the  bill 
from  the  House  by  the  committee  wiilu.ut  introducing  any  new 
principle,  or  changing  the  principle  of  the  bill,  but  merely  lo  per- 
iect  the  law.  And  in  addition  to  ihese  amendments,  the  commit- 
tee have  reported  two  or  three  new  sections  relating  to  the  foreign 
mail  service  generally,  which  are  in  some  measure  independent  of 
the  bill  as  it  came  from  the  House,  but  arc  nevertheless  connected 
with  the  general  subject.  I  desire  the  attention  of  the  Senate  to 
the  reading  of  these  amendments,  and  I  will  then  briefly  explain 
their  purposes  and  objects. 

The  amendments  having  been  read  by  the  Secrtary, 


May  29.1 


FOREIGN  MAIL  SERVICE, 


667 


Mr.  NILES  proceeded. — The  new  sections  that  have  been  in- 
troduced by  the  committee  of  the  Senate  aire  intended  to  ;;ive  ef- 
fect, so  far  as  it  can  be  done,  and  to  secure  the  rights  of  this  go- 
vernment under  the  act  of  1845,  relating  to  this  branch  of  the  ser- 
vice. That  act  provides  that  the  United  States  sliall  at  any  time 
have  the  option  of  tailing  the  ships  employed  in  carrying  the  mail, 
into  the  service  of  the  government  as  war  ships,  upon  a  valuation 
to  be  made  by  disinterested  parties,  hut  there  is  no  provision  to 
enforce  that  section  of  the  act,  and  in  the  event  of  the  stook  of  the 
mail  transpnrtation  companies  being  in  the  hands  of  foreigners  in 
case  we  shall  be  involved  in  a  war,  this  whole  interest  must  re- 
main in  the  hands  of  our  enemies.  Whilst  we  are  paying  large 
sums  to  koep  up  these  mail  lines  we  have  no  security  against  the 
possession  c  f  tlie  vessels,  efficient  as  they  are  for  service,  falling 
into  the  hands  of  our  enemies.  Such  a  state  of  things  might  e.xist-, 
and  it  seems  to  vne  important  therefore,  that  we  should  provide 
against  such  a  contingency.  I,  for  one,  am  prepared  to  provide  some 
penalty  by  imprisonment  or  otherwise,  in  case  of  the  failure  or 
refusal  on  the  part  "of  the  contractors,  or  the  corporation,  to  de- 
liver over  the  ships  for  the  use  of  the  government.  The  nox'  sec- 
tion merely  gives  to  the  Postmaster  General  the  right  to  exercise 
authority  over  these  lands  in  the  same  manner,  as  over  the  service 
generally,  in  order  to  enforce  regularity.  The  third  section  re- 
lates to  transfers  of  British  contracts,  which  have  already  become 
a  matter  of  speculation. 

In  regard  to  the  bill  as  it  came  from  the  House,  it  is  a  measure 
strictly  retaliatory,  and  is  intended  exclusively  to  operate  upon 
Great  Britain.  '  It  is  .known  to  the  Senate  that  a  few  years  ago 
we  established  a  line  of  mail  steamers  to  Bremen,  touching  at 
Southampton,  in  England,  cogsisting  of  four  steamers.  It  was 
supposed  that  we  would  have  a  fair  chance  for  competition  in  the 
carrying  of  letters  and  packages,  but  instead  of  that,  the  British 
government  in  a  very  unfriendly  spirit,  not  only  enforced  against 
onr  mails  tlie  general  law  of  the  country,  but  imposed  an  equal 
charge  upon  allletiers  coming  into  the  country,  or  passing  out,  to 
and  irum  the  Uniteti  States,  to  that  which  was  exacted  when  tlie 
letters  were  conveyed  by  their  own  steamers.  Son*  yeirs  ago, 
when  they  established  the  Canard  line,  they  modified  their  law  as 
regards  postage,  and  reduced  the  rates  of  postage.  At  the  same 
time  a  discretionary  power  was  vested  in  the  Lords  ol  the  Admi- 
ralty, I  believe,  or  in  some  hoard,  to  raise  the  postage  upon  fo- 
reign letters.  This  board  exerc  sed  their  power,  and  made  the 
letters  contained  in  our  mails  subject  to  the  same  charge  as  the 
letters  conveved  in  their  own  mails.  In  addition  to  this,  they 
■would  not  suffer  them  to  be  distributed  at  Southampton,  but  sent 
tbem  to  London.  This  proceeding  was  calculated  to  depreciate 
very  much  the  value  of  our  mail  service,  and  of  couiso  could 
not  very  well  be  submitted  to.  IMr.  Hohhie,  who  was  then 
our  agent,  in  resard  to  the  foreign  mail  service,  opened 
negotiations  with  the  British  governiiient  on  the  suliject,  and 
those  negotiations  were  continued  for  a  very  considerable  t.me, 
and  various  propositions  were  made  on  both  sides,  but  the  result 
was,  that  thev  could  come  to  no  satisfactory  arrangement.  They 
proposed  that  the  sea  postage  should  go  to  the  parties  who  con- 
veyed  the  letters.  This  was  fair  enough  upon  its  face,  but  it 
Would  have  thrown  the  payment  of  the  g-eater  portion  of  that 
postage  upon  us,  because  they  carry  nearly  all  the  letters — they 
carry  at  present  probably  a  hundred  letters  to  our  one;  to  this, 
however,  our  negotiator  could  not  agree.  There  was  another di(- 
fioulty,  and  that  was  in  reuard  to  transit  postage.  Upon  th's 
pnint'no  arrangement  could  be  made,  and  the  negotiations  were 
broken  off.  There  seems,  then,  lo  be  no  other  course  fur  us  but 
to  retaliate,  and  to  place  upon  their  mail  precisely  the  same  rate 
of  postage  which  thev  place  upon  ours.  That  is  the  object  of  this 
bill.  The  bill  does  not  impose  the  increased  postage,  but  it  au- 
thorizes the  Postmaster  General,  with  the  concurrence  of  the 
President,  to  do  it,  and  thus  to  place  our  mail  service  upon  an 
equal  footins  with  that  of  Great  Britain,  At  the  same  time,  it 
must  be  confessed  that  it  will  be  inconvenient  for  the  public.  It 
is  a  stale  of  things  not  at  all  desirable;  but  we  have  no  other  means 
of  delending  ourselves  against  the  exactions  of  Great  Britain,  who 
has  acted  in  a  far  less  liberal  spirit  towards  us  in  regard  to  postal 
arrangements,  than  she  has  towards  the  different  countries  of  Eu- 
rope.' If  this  bill  passes  it  will  make  the  postage  on  all  letters 
carried  out  in  our  mails,  or  in  the  English  mails,  44  cents,  includ- 
ing the  inland  postage.  The  bill  is  not  intended  to  be  a  perma- 
nent law,  but  merely  a  retaliatory  measure,  in  the  hope  that 
when  the  British  government  finds  that  their  mails  will  be  sub- 
jected to  the  same  charges  and  burdens  as  our  own,  in  consequence 
of  the  illiberal  course  which  they  have  pursued,  they  will  agree  that 
the  charges  shall  be  brought  down  to  a  reasonable  and  moderate 
rate.  Both  countries  will  probably  relinquish,  as  I  think  they  ought 
to  do,  the  seaport  duties  on  letiers  brought  in  the  mails  of  the 
other.  If  we  do  not  adopt  a  measure  ol  this  description,  the  en- 
tire monopoly  of  this  mail  service  will  eventually  go  into  their 
hands.  The  question  is.  whether  we  will  adopt  this  measure  and 
maintain  our  rights,  and  force  them  to  come  down  to  a  reasonable 
rate,  or  suffer  the  matter  to  go  on  as  it  is,  and  allow  our  mails  to 
become,  in  a  measure,  useless,  and  permit  the  whole  service  to  be 
thro-vn  into  the  British  lines,  and  have  our  letters  subjected  to 
double  nosiage.  The  hill  also  authorizes  the  Postmas'ter  General 
to  impose  a  corresponding  rate  of  duty  on  letters  crossing  in  pri- 
vate vessels.  Whether  it  be  necessary  to  exercise  this  power  or 
not,  I  am  not  prepared  to  say;  but  it  was  thought  proper,  by  the 
commitiec.  that  if  we  adopt  a  measure  on  the  subject,  that  it 
shoulil   cover  the  whole  ground;  and   as   their  law  contains  a  pro- 

JOrH  CoNO. — 1st  Session — No.  83. 


vision  of  this  kind,  that  it  might  be  proper  for  us  to  make  our  law 
applicable  to  all  inter-communication,  whether  in  public  or  pri- 
vate ships 

Mr,  DAVIS,  of  Massachusetts. — I  wish  to  ask  the  honorable 
Senator,  in  case  this  matter  should  be  arranged  in  a  satisfactory 
manner,  is  there  any  power   to  suspend  the  operation  of  this  law  ? 

Mr,  NILES. — I  will  answer  the  honorable  Senator,  The  hill 
does  not  impose  the  increased  rate  of  postage;  it  merely  author- 
izes the  Postmaster  General,  with  the  concurrence  of  the  Presi- 
dent, to  do  so;  and  I  suppose,  of  course,  that  they  can  withdraw 
that  increased  rate  at  any  limo  that  they  may  think  proper, 

Mr.  DIX. — I  desire  to  ask  the  honorable  Senator  from  Connec- 
ticut whether  his  attention  has  been  called  to  the  fact,  that  one  of 
these  steam  lines  has  borrowed  money  abroad  of  a  foreign  govern- 
ment or  corporation,  and  that  the  stock  of  the  compxny  is  mort- 
gaged to  that  foreign  government  or  corporation;  and  if  so, 
whether  it  may  not  be  an  evasion  of  the  provisions  of  this  law? 

Mr.  NILES. — It  is  somewhat  questionable  what  the  extent  of 
their  power  would  be  to  dispose  of  these  ships;  slill  that  has  no 
immediate  connection  with  the  main  object  of  this  bill.  But  these 
facts  led  the  committee  to  introduce  the  section  that  has  been 
read,  to  enable  the  government  to  take  possession  of  these  steam 
ships,  by  paying  a  fair  priee  for  them,  whenever,  in  their  discre- 
tion, they  may  deem  it  advisable  so  to  do.  We  are  expending 
some  seven  hundred  thousand  dollars  a  year  to  keep  up  these  ves- 
sels, as  quasi  public  ships,  and  when  a  contingency  arises,  in 
which  they  would  be  required  by  the  government,  we  might  find 
that  we  had  no  power  over  them,  and  that  they  might  be  sold  to 
the  enemy. 

Mr.  DAVIS,  of  Massachusetts — From  the  construction  of  the 
provision  to  which  the  amendment  of  the  honor.ible  Senator  refers, 
I  had  supposed  that  this  waJ  a  mat'^rof  contract  between  the 
United  Stales  and  those  persons  wiio  undertook  to  construct  the 
.vessels.  I  suppose  that  it  might  well  enough  be  doubted  whether 
after  the  contract  was  concluded  and  subscribed  by  the  parties,  it 
would  be  competent  for  one  of  the  parties  to  introduce  new  cove- 
nants into  it.  If  they  have  such  power,  then  this  act  will  be  ne- 
cessary ;  therefore,  I  do  not  know  that  it  is  worth  while  lo  make 
any  objection  to  it,  but  I  very  much  doubt  whether  the  g.ivern- 
ment  would  wish  to  have  these  vessels  under  any  circumstances. 
The  material  question  is  upon  the  principle  contained  in  this  bill 
in  regard  to  postal  arrangements,  I  regret  very  much  to  learn 
from  '"the  remarks  of  the  honorable  Senator,  what  we  have  been 
before  apprised  of.  that  the  two  governments  have  failed  to  make 
any  satisfactory  arrangement,  and  that  the  interests  of  the  public 
are  likely  to  sufTer  from  r.ot  hiving  the  postage  reduced  to  the 
lowest  rate.  The  controvcisy  that  exists  has  a  tendency  precise- 
ly  contrary  to  that  of  secufi  ig  the  public  interests  ;  it  has  a  ten- 
dency to  increase,  instead  of  diminishing  the  rates  of  postage;  this 
is  contrary  to  the  spirit  of  the  age,  I  rejiret  still  more  to  learn, 
that  all  negotiation  on  the  subject  is  considered  by  the  honorable 
chairman  of  the  committee  as  hopeless,  I  was  in  hopes  that  the 
honorable  Senator  would  have  stated  the  precise  difference  in 
money  which  is  charged  on  a  sheet  of  letter  paper  transmitted  in 
our  own  steamer,  and  one  transmitted  in  a  British  steamer  :  that 
is  the  additional  amount  of  money  wo  are  required  to  pi-y  on  such 
piece  of  paper.  I  do  not  know  that  it  is  very  malenul.  but  the 
tendency  is.  as  I  understand  it,  to  discourage  the  transmission  of 
letters  in  the  American  line  of  steamers,  I  do  not  know  that 
there  is  any  other  wav  to  remedy  this,  than  by  autirorizing  the 
Post  Office  Department  to  make  corresponding  charges  and  yet  it 
is  a  matter  of  great  regret  that  we  should  be  brought  to  this  ex- 
tremity, for  the  public  must  l^e  the  sufferers  by  such  an  arrange- 
ment. If  this  be  the  only  remedy,  we  must  meet  it  as  well  as  we 
can,  and  it  is  time  to  meet  it,  il  we  have  reached  the  point  at 
which  necotiation  whollv  fails,  I  hope,  however,  that  is  not  the 
case.  I  hope  no  such  view  is  entertained.  But  it  seems  to  be 
considered  ncce.«sary  that  some  such  law  as  this  should  be  passed, 
and  I  am  not  prepared  to  say  thiit  it  should  not  ;  on  the  contrary, 
I  am  prepared  to  adopt  some  measure  which  shall  ultimately 
place  this  matter  upon  a  pr-'per  footing  that  is.  as  I  consider  it, 
no  other  than  a  cheap  system  of  postage.  The  experience  of  man- 
kind in  this  respect,  is  favorable  to  a  cheap  system.  Cheap  post- 
age has  been  every  where  successful,  and  there  is  no  reason  why 
it  should  not  be  cheap  on  the  ocean  as  well  as  on  land,  I  be- 
lieve that  the  revenue  to  be  derived  from  the  conveyance  of  the 
mails  under  a  cheap  system  of  postage  will  be  considerably  in- 
creased. Taking  it  for  granted  that  the  details  of  this  bill  have 
been  made,  under  the  supervision  of  the  honorable  chairman,  sub- 
stantially correct,  I  shall  very  cheerfully  give  the  bill  my  support. 

Mr.  NILES, — A  letter  conveyed  in  the  British  mail  pays 
twenty-two  cents  postage  if  delivered  at  the  port  at  which  liie 
steamer  lands,  but  it  pays  four  cents  in  addition  if  seni  to  any 
other  office,  whilst  a  letter  carried  in  our  mails  will  have  to  pay 
forty-four  cents  going  cither  way,  together  with  the  inland  po.stage 
in  England,  and  the  inland  postage  here,  making  it  at  least  dou- 
ble upon  letters  conveyed  in  mir  mail.  So  the  law  now  stands. 
Under  these  circumstances  it  is  not  to  be  supposed  that  many 
letters  will  be  conveyed  incur  mails,  the  tax  being  soOne.ous, 
but  the  result  will  be  to  give  the  whole  mail  service  to  British 
ships.  But  it  is  believod'that  this  act  will  in  a  very  short  limo 
bring  about  an  arrangement  that  will  be  satisfactory,-  They  pro- 
fess to  be  willing   to  arrange  the  matter  on  principles  of  recipro 


65S 


THE  CASE  OF  DAVID  MYERLE. 


[Monday, 


city,  but  wlien  it  comes  to  the  carrying  it  out  practically,  there  is 
no  rec.jiroeity. 

Mr.  DAVIS,  of  Massachusetts. — t  am  inclined  to  thmk  that 
the  lionorable  Senator  had  betier  permit  the  bill  to  be  amended,  so 
far  as  not  only  to  impose  the  increased  duties,  but  to  suspend  its 
operatior.  in  liie  event  of  a  satisfactory  arrangement  being  made. 

Mr.  NILES  — I  certainly  have  no  objection  to  such  an  amend- 
ment, if  ihero  be  any  doubt  as  to  the  power,  but  I  think  it  is  obvi- 
ous that  that  power  is  necessarily  implied. 

Mr.  HALK  moved  to  strike  out  from  the  first  section  of  the 
bill,  liiat  portion  of  it  which  gives  to  the  custom  house  ofticers, 
their  agents  or  servants,  power  to  open  and  inspect  any  packages, 
or  parcels,  found  on  board  of  vessels,  which  are  supposed  to  con- 
tain ra.iilable  matter.  This  power  he  considered  was  liable  to 
most  outrageous  abuse,  and  ought  not  to  be  entrusted  any  where. 

Mr.  NILES — The  honorable  Senator  will  recollect  that  this 
provision  docs  not  apply  to  our  own  vessels,  it  applies  only  to  fo- 
reign steamers  or  mail  ships  :  and  if  we  undertake  to  impose 
chaises  upon  mailable  matter,  we  must  do  it  in  a  way  that  will 
be  eBi.'ctive,  so  as  to  prevent  smuggling.  We  must  bo  able  to  as- 
certam  whether  our  law  is  evaded  or  not. 

The  question  being  put  on  Mr.  Hale's  am.endment,  it  was  ne- 
gatived. 

Tho  question  was  then  put  on  the  reported  amendments,  and 
they  were  agreed  to. 

The  bill  was  then  reported  to  the  Senate,  and  the  amendments 
concurred  in. 

Ordered,  That  the  amendments  be  engrossed,  and  the  bill  read 
a  third  time. 

The  said  bill  was  read  a  third  time,  as  amended. 

Resolved,  That  this  tiill  pa^B,  wilh  atnenilmeiiti. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Kepreseiitatives  in  ihe  amendments. 

DAVID    MVERLE. 

The  Senate  resumed  the  consileration,  as  in  Commiitee  of  the 
Whi.le.of  ihe  bill  from  the  Housj  of  Reprcsentauvos  for  the  relief 
of  Duvd  Myerle. 

Mr.  UNDERWOOD  moved  ti  amend  'he  bill  by  adding  a  pro- 
viso, that  before  the  pavmeiit  of  any  part  of  said  sum  to  the  said 
Myerle,  lie  siiall  give  bonds,  to  be  approvoJ  bv  '  lo  Secretary  of 
the  Treasury,  coiiditi<inal  lor  the  re  pnymenlvjl  all  sums  advanced 
to  him  f>r  the  purchase  of  hemp,  or  lor  labor,  lo  enable  him  to  ful- 
fil his  contraiMs  wiih  the  guvernment. 

1  beg  the  Sonaie's  attention  to  this  matter  Wlien  it  was  last 
before  tho  Senate  1  heard  from  various  quarter.,  tho  suggestion 
that  it  WHS  a  most  exnaoidinary  proceeding  Oi  my  part,  to  pro- 
pus?  'o  amend  ilie  bill  bv  adding  such  a  proviS'>  .".t  tins,  ana  1  be- 
lieve, that  I  li;-ve  jnst    ■  ^-rd  the  same  suiigestiOU  again  mude 

1  «iil  claim  I' e  ini'ulgence  of  the  Senate  toi  a  lew  moments, 
while  I  slate  the  tnu  >i..i..e  of  this  ci.:.e  The  proviso  which  I 
have  oH  Mcd  is  not  witlviut  precedent  1  will  mention  a  case  pre- 
cisely in  p. lint.  Messrs.  Far.  ir  an  Hairis  n.ade  a  contract 
with  the  government  Inr  the  builuiiig  of  a  lort  on  the  Gull  of 
Mexico,  near  Mobile.  I  believe.  In  iliecour.ie  of  the  work  they 
became  entitled  m  receive  from  the  government,  some  seventy  or 
eighty  thousand  dollars.  They  petiiioned  the  government,  and 
uliimately  a  bill  was  p'lssed  to  pay  them  the  money,  but  in  that 
bill  was  inserted  a  piov'so  precisely  similar  to  tin-  one  which  has 
just  been  read  to  the  Senate  ;  providing,  that  befire  payment  of 
the  money  a  bond  should  be  execiued  by  Farrar  and  Harris  for 
the  distribuiion  of  ihe  money  among  those  who  had  furnished  labor 
and  materials  for  the  erection  of  the  fort  Now  the  question  is, 
whether  Congress  ought  ever  to  set  a  precedent  o(  this  kind  ?  I 
heard  it  suofSested  ihe  olher  day  that  the  parties  ought  to  be  left 
to  ihe  couits  of  justice,  and  it  was  asked,  are  we  about  to  eicct 
ourselves  into  a  Coiui  nf  Chancery,  and  undertake  to  apportion 
this  money  among  the  claimants?  You  have  already  set  ihe  exam- 
ple in  the  case  ol  Farrar  aiul  Harris,  and  the  reason  was,  that  they 
had  become  hopcles-sly  insolvent,  and  if  the  money  went  into  their 
hands,  they  might  pay  it  over  to  preferred  claimanis,  and  those 
inilivldiials  who  had  lurnished  materials  and  performed  work  in 
the  ei'e<'tion  of  the  fort  would  go  altogether  unpaid.  Was  Con- 
gress lo  sii  by  and  sec  this  great  injustice  perpetrated  upon  those 
individuals?  Congr''SS  in  that  case  thouaht  dilti-rently.  What  is 
the  amendment  proposed  here?  Tho  amendment  is.  that  this  in- 
dividual, before  he  receives  the  money,  shall  give  bond  and  security, 
conditiomd  for  p»vinent  (or  the  hemp,  and  lor  the  labor  in  prepar- 
ing it,  out  of  which  this  sum  of  twenty  thousand  dollars  accrued 
to  him  as  a  debt  due  by  tho  government.  What  were  tho  lacts  to 
which  1  called  ihe  attention  ol  the  Senate  the  other  day?  Myerle 
drew  orders  upcm  Monimollin  and  Cornwall,  wliicn  were  accepted 
and  paid  by  those  gentlemen,  in  payment  of  his  purchases  to  tho 
amount  ol  some  fifteen  or  twenty  thousand  dollars,  the  vouchers 
for  which  are  now  in  my  desk,  and  yet  these  gentlemen  arc  to  be 
Biibjected  to  the  tender  mercies  of  Myerle,  and  run  the  risk  of 
losing  their  claim  altogether.  I  am  iiilormed  that  Myerle — in  fact 
he  admits  it  in  his  memorial — is  insolvent,  and  yet  he  is  to  be  paid, 
whether  those  gentlemim  who  furnished  him  with  the  means  oi- 
fulfilling  his  contract  with   the  government   ever  ge.  oiio  cent  o 


not,  and  they  are  to  be  told  that  they  may  resort  to  the  courts  of 
justice.  I  have  lucked  a  little  into  this  matter,  and  I  am  con- 
strained to  say  that  the  courts  furnish  no  remedy — none  whatever. 
It  was  suggested,  let  them  file  their  injunction  No  such  thing 
can  be  done.  In  my  State  the  matter  has  been  fully  tested  and 
settled.  The  government  of  the  State  allowed  a  man  of  the  name 
of  Divine  a  sum  of  money  for  the  performance  of  a  piece  o{  work. 
A  creditor  of  Divine  entjeavored  to  obtain  payment  of  his  claim 
by  an  injunction  upon  the  money  thus  granteu  by  the  government. 
The  case  was  taken  into  court  and  the  injunction  sustained,  but 
being  earned  to  the  appellate  court  the  judgment  was  reversed, 
and  on  the  reversal  of  the  judgment,  the  very  case  that  is  now  be- 
fore the  Senate  entered  into  the  contemplation  and  rearoning  of 
the  court,  and  they  decided  that  such  a  thing  ousbt  not,  and  could 
not  be  done.  The  court  said,  and  most  correctly  in  their  opinicn 
upon  the  case,  what  would  be  the  consequences  to  the  govern- 
ment of  tho  Uniied  States,  if  every  contractor  for  carrying  the 
mail,  where  labor  is  the  consideration  fur  the  emolument,  was  lia- 
ble to  have  the  money  promised  him  by  the  government  arrested 
belore  it  comes  into  his  hands.  Does  not  every  man  see  at  once 
that  he  cannot  go  on  with  his  operations  under  such  circumstances? 
This  is  on'y  one  illustration,  and  I  might  adduce  many,  but  I  will 
not  detain  the  Senate.  The  case  of  the  contractor  for  tarrying 
the  mail  illustrates  the  whole  subject.  So  in  this  case.  Suppose 
this  contract  h.ad  not  been  broken  up  suppose  this  man  wss  still 
going  on  with  the  performance  of  this  contract,  and  receiving  an- 
nually from  the  government  his  fifty  or  a  hundred  thousand  dol- 
lars to  purchase  hemp;  ifhedid-not  receive  this  promised  com- 
pensation from  ihe  government  regularly,  how  could  he  o.'tatn  his 
supplies  of  hemp  for  the  purp  >se  of  manul'acturinc  the  article  lor 
the  use  of  the  government?  It  is  impossible.  The  idea  that  the 
creditors  of  the  contractor  can  step  in  and  lay  an  injiinetion  upon 
the  money  that  is  payable  by  the  govemment  would  be  utterly  in- 
consistent wilh  the  prciper  fulfilment  of  the  contract  I  know  there 
lias  been  a  practice  tolerated  of  laying  injunctions  upon  a  princi- 
ple of  courtesy  between  the  departments  and  those  who  are  set- 
ting up  claims  against  each  other,  but  it  has  never  been  considered 
obliLratory  upon  the  departments.  And  they  are  not  upon  princi- 
ple bound  by  any  judicial  order,  restraininj  them  from  paying  over 
the  money.  But  the  idea  is  altogether  untenable  for  another  con- 
sideration. Can  you  sue  the  government  ?  No.  sir.  Can  you  in- 
directly sue  the  government  under  the  pretence  of  making  the 
treasury  or  any  other  department  of  the  government  a  party  to 
the  suit?  Certainly  not.  That  point  was  settled  in  the  very  case 
to  which  I  have  alluded  in  the  Slate  of  Kentucky.  Our  constitu- 
tion requires  that  the  legislature  shall  pass  laws  by  which  the 
government  shall  be  sued.  The  legi>lature  has  not  yet  thought 
proper  to  carry  out  that  constitutional  provision.  Can  the  govern- 
ment of  the  United  States  be  sued  ?  No,  sir.  But  is  not  in  sub- 
Btanee  a  suit  against  the  government,  when  an  attempt  is  made  to 
seize  money  in  the  hands  of  the  Treasurer  of  the  United  States, 
and  10  pass  a  judicial  sentence  by  which  he  shall  be  made  to  pay 
this  money  to  any  particular  individual.  It  is  nothing  else  but  a 
suit  against  the  government.  You  subject  in  this  way,  if  it  can  bo 
done,  the  whole  Treasury  of  the  eountiy  to  judicial  determination, 
but  it  is  a  thing  that  cannot  be  done.  Now.  if  you  cannot  sue  the 
government,  or  get  at  it  throUL'h  its  Treasury  Department,  how 
can  the  courts  cl  justice.  accordiHg  to  the  suggestion  here,  furnish 
a  remedy  ?  It  is  utterly  impossible.  But  antuher  thing,  pass  this 
bill  without  some  such  provision  as  I  have  offered,  and  this  man 
can  transler  every  dollar  before  the  passage  of  the  bill,  and  thus 
you  jiut  It  in  his  power  to  deprive  the  men  who  furnished  the  hemp 
and  the  labor  to  prepare,  it  of  every  dollar  that  is  due  to  them. 
When  partners  in  manufacturing,  or  any  oiher  class  of  business 
fall  out,  they  are  soineihing  like  relations  who  quarrel,  they  be- 
come more  hostile,  more  bitter,  mo;e  vindictive,  more  disposed  to 
thwart  each  other,  than  people  under  any  other  circumstances 
whatever.  These  partners,  then,  in  this  arrangement,  having  fallen 
out,  you  need  expect  no  sort  of  justice  or  equity  to  be  practised 
between  thein,  but  if  there  are  other  creditors,  it  will  he  among 
them  that  the  money  will  be  distributed;  and  those  persons  who  have 
furnished  the  means  to  purchase  the  hemp  and  to  manufacture  it, 
will  never  get  one  dollar.  Now,  in  view  of  these  things,  and  in 
view  of  the  precedent  that  Congress  has  set  in  the  case  ol  Farrar 
and  Harris,  I  atk  the  Senate  whether,  with  all  these  lacts  before 
them,  they  can  pass  this  hill,  giving  to  this  man  twenty  thousand 
dollars,  whilst  the  individuals  upon  who.«e  capital  the  money  was 
earned  are  to  go  away  unpaid  t  That  is  the  question.  I  have 
discharged  my  duty  as  far  as  I  can  in  bringin;;  these  facts  before 
the  Sennic.  It  is  for  them  to  dispose  of  the  matter.  It  docs 
seem  to  me  that  the  papers  which  I  laid  before  the  committee 
justified  the  introduction  by  thora  of  such  a  provision  as  I  have 
offered. 

Mr.  BAGBY. — I  understand  that  my  honorable  friend,  the  Sen- 
ator Irom  Kentucky,  has  no  objection  to  the  passage  of  the  bill  : 
in  other  words,  he  has  no  oblcction  lo  the  appropriatimi  of  the 
$20,1)00  in  satisfaction  of  this  contract  between  Myerle  and  the  go- 
vernment, but  he  calls  upon  the  Senate  to  constilute  itself  a  court 
of  chancery  for  the  purpose  of  distributing  this  fund  among  Mr. 
Mycrle's  creilitors.  This  is  the  position  which,  1  understand,  has 
been  taken  by  the  honorable  Senator,  and  in  justification  of  this 
course  he  finds  ftne  precedent.  There  may  be  <rlhers  for  all  1 
know  ;  but  with  entire  respect  for  the  honorable  Senator  Irom  Ken  - 
tueky,  and  for  the  legislative  body  which  passed  the  law  in  the 
case  of  Farrar  and  Harris,  and  their  creditors,  1  must  be  permit 


May  29.] 


THE  CASE  OF  DAVID  MYERLE. 


659 


ted  to  say  that  it  is  a  precedent  much  more  honored  in  the  breach 
than  the  observance. 

Mr.  UNDERWOOD. — Will  my  honorable  friend  indulge  me 
for  a  moment  ? 

Mr.  BAGBY.— With  great  pleasure. 

Mr.  UNDERWOOD. — A  friend  near  me  has  furnished  me  with 
another  precedent,  and  as  the  honqrablo  Senator  from  Alaba- 
ma contends  that  the  precedent  furnished  by  the  case  of  Farrar 
and  Harris  would  be  more  honored  in  the  breav;h  than  the  observ- 
ance, I  will  give  him  an  opportunity  to  apply  his  doctrine  to  this 
ouse  also  : 

In  the  act  of  March  3d,  1839,  to  pay  Peter  Barpy.  junior,  for  the  loss  sustairfd  by 
him  in  the  necessary  pertbrmaace  of  his  contraci  for  macadamizing  a  large  portion  of 
P«-nn3vIvania.  the  2il  se<'tion  provides:  ■' That  the  said  Bargy  shai  not  reneive  any 
betipfii  fiom  Ibis  act,  until  he  shall  have  furnished  evidence  to  tlie  satisfaction  of  the 
Secretary  of  ihe  Treasury,  and  filed  the  same  in  the  Treasury  Dejiartiripnt;  that  the 
respective  laborers  whom  he  employed  in  his  service  under  his  rontracl  with  (he  pov- 
•mmoiit.  shall  have  received  compensation  for  their  labor;  or  uiiiil  he  shall  have  fil  d 
with  the  Secretary  of  the  Treasury  a  satisfactory  bond  that  tlie  balance^  (if  any) 
justly  due  tosttch  laborers,  shall  be  fully  satisfied  by  the  said  Ba:{?y." 

Nowr,  all  that  I  ask  is,  that  this  man  should  pay  for  iho  hemp 
furnis  ed,  and  for  ihe  labor  einployid  in  preparing  ilm  hemp  for 
the  use  of  the  ijovernmeni — that  he  should  pay  the  f.inners  for 
their  hemp  and  the  workmen  fir  their  labor.  I  think  ihese  prece- 
dents ought  to  be  honored  by  their  observance,  but  I  am  very  will- 
ing to  hear  from  the  Senator  from  Alabama,  that  honor  consists  in 
their  brojch  and  not  in  their  observnnce. 

Mr.  BAGBY. — I  admitted  that  there  might  be  other  prece- 
dents. I  said  then  what  I  now  repeat,  that  all  these  legislative 
pieeedents  are  more  honored  in  the  breach  than  the  observance. 
The  powers  of  this  government  are  not  all  contined  to  the  legisla- 
tive department  ;  a  portion  of  them  belong,  according  to  the  ar- 
rangement of  our  system,  to  the  judiciary  department.  And  I  ask 
the  honorable  Senator  from  Kentucky  il  it  coin  ports  with  bis  idea  of 
correct  legislation,  for  this  branch  ol  Congress  to  constitute  itself  a 
court  of  chancery,  not  for  the  purpose  of  inquiring  into  the  validity 
of  contracts  belween  the  government  and  individuals,  but  to  iiiier- 
pose  .n  the  settlement  of  claims  between  individuals  with  which 
the  government  has  no  concern?  Now,  if  these  parlies  were 
known  in  this  contract,  llien  ihey  ought  to  come  in  lor  their  ap 
propriate  sh.ire  in  the  appropriation,  but  after  the  bill  has  passed 
ihrouirh  one  branch  of  Congress,  vve  are  told,  for  the  ti  st  lime, 
that  there  were  persons  connected  \vith  the  transact iun,  not  to  be 
sure  having  any  claims  upon  tlie  government,  but  having  private  bu- 
siness arrangements  with  Myurle.  and  that  Congress  ought  to  in- 
terfere and  settle  the  accounts  of  those  persons  wbe  are  not  known 
at  all  in  the  contract  with  tlie  government.  I  ask  the  honorable 
Senator,  are  they  known  here  as  at  all  connected  with  this  con- 
tract ? 

Mr.  UNDERWOOD. — They  were  certainly  noi  panics  to  the 
contract  with  the  government,  but  Myerle  made  a  contract  with 
them  by  which  he  was  permitted  to  draw  upon  thetn  to  the  ainount 
of  twenty  thousand  dollars,  in  order  that  ue  might  be  enabled  to 
fulfil  his  contract  with  the  government,  vvhich  he  could  noi  have 
done  except  by  their  assistance.  That  is  the  relation  between  the 
parties. 

Mr.  BAGBY. — I  understand  it  precisely  so.  I  have  no  doubt 
of  the  existence  of  the  facts  precisely  as  tlie  Senator  states  ihem. 
But  those  persons  who  now  claim  a  distributive  shnro,  if  not  the 
whole  of  the  appropriation,  were  entirely  unknown  in  the  contract. 
The  question  to  be  determined,  then,  is,  not  whether  those  persons 
have  claims  against  Myerle,  but  whether  the  government  is  under 
any  obligation  to  provide  by  law  lor  the  payment  of  such  claims, 
the  governiTicnt  not  being  a  party  to  them.  Why,  it  is  a  mon- 
strous proposition,  tliat  if  A  entered  into  a  contract  with  the  gov- 
ernment to  do  a  specific  thing,  the  govHrnraent  is  not  to  pay  the 
sum  stipulated  to  be  paid  until  it  oasts  about  and  ascertains  all  the 
creditors  of  A,  in  order  to  distribute  the  money  among  them. — 
And  I  ask  the  honorable  Senator  what  justice  there  is  in  the 
amendment  he  proposes,  when  it  goes  to  secure  iho  rights  of  but 
two  of  the  creditors  and  excludes  all  the  rest  ?  My  honorable 
friend  asks  whether  it  is  consistent  with  honor  to  allow  this  indi. 
vidua!  to  receive  the  amount  of  his  claim  without  making  provi- 
sion for  the  distribution  of  the  money  to  tliose  who  furnish  the  ma- 
'  terials  and  the  labor.  I  understand  honor  to  consist  in  a  compli- 
ance with  the  obligations  resting  upon  the  government  in  good 
faith,  leaving  individuals  who  have  no  connection  with  the  govern- 
ment to  take  care  of  themselves.  This  is  not  the  appropriate  tri- 
bnnal  to  act  between  Myerle  and  his  creditors.  I  do  not  go  now 
into  the  claim  of  Myerle,  but  I  say  if  ho  has  a  valid  claim,  and  it 
is  incumbent  upon  Congress  to  make  a  distinction  at  all,  all  the 
creditors  should  be  included,  and  the  benefit  should  not  be  confin- 
ed, as  is  here  proposed,  to  a  portion  of  those  creditors,  in  fact  to 
two  only,  while  there  are  doubtless  many  others  whose  claims  are 
equally  meritorious. 

Mr.  UNDERWOOD. — My  honorable  friend  is  entirely  mista- 
ken in  supposing  that  this  amendment  is  intended  for  the  benefit  of 
two  creditors  only.  It  provides  not  only  for  them,  but  for  all  oth- 
ers who  furnished  material  or  labor.  In  fact,  I  would  prefer  leav- 
ing out  the  names  of  individuals,  and  let  it  be  expressed  in  general 
terms,  as  it  is  in  reality  intended,  for  the  benefit  of  all  those  who 
furnished  hemp  or  labor  I  do  not  contend  that  this  government 
should  constitute  itself  into  a  court  of  chancery  for  the  purpose  of 
Ualiing  a  distribution  of  this  fund  among  all  the  creditors  ol  My- 


erle. Far  from  it.  I  would  not  be  willing  to  go  that  length.  All 
that  the  amendment  proposes  is.  to  provide  lor  the  payment  of 
those  who  are  instrumental  in  enabling  Myerle  to  fulfil  bis  contract, 
because  it  is  from  their  means  in  material  and  labor  furnibhed  that 
the  government  receives  the  advantage  to  be  derived  from  the  ful- 
filment of  the  contract. 

Mr.  BAGBY. — I  am  only  mistaken  in  part.  Instead  of  provid- 
ing for  all  the  creditors  of  Mjerle,  the  amendment  only  proposes 
to  provide  for  one  class. 

Mr.  UNDERWOOD. — The  purpose  is  to  pay  those  who  made 
advances  of  the  means  to  enable  iViyeile  to  carry  on  his  business, 
and  complete  his  contract. 

Mr.  BAGBY. — I  understand  that.     I  understand  that  these  men 

advanced  money  to  enable  Myeric  to  fulfil  a  contract  to  which  they 
were  not  parties,  ai.d  in  whicii  tuey  were  not  known.  But  if  these 
men,  who  advanced  the  money,  are  entitled  to  ilic  consideration  of 
this  government,  are  not  the  other  classts  ol  his  crediiois  equally 
entitled — for  instaiici-,  those  who  furnished  subsistence  to  the  men 
who  performed  the  work? 

I  am  nr.t  croi' ;;  ni  >  in  examiratiim  of  Mverle's  claim  at  this 
time.  It  may  be  a  valid  one,  or  it  may  be  nva  id.  The  quc's'ion 
at  present  is,  if  L^-  /j  -i^.  instcyd  ol  L-untiiiing  itself  to  its  nppro. 
priate  business  of  le 'isiatioii,  goin<j  to  assume  judicial  funciions  as 
in  the  case  of  Fiirrar  and  Harris?  There  is  another  serious  ob. 
jeciion,  if  it  be  not  a  oonstitittional  one,  to  the  adoption  of  such  a 
provision  as  is  hero  pn  posed.  It  is  the  easiest  ihing  in  the  woild, 
when  a  claim  linds  :t  difiictilty  in  rubiiing  through,  to  inciease  iiie 
number  of  claimaius  aid  to  bring  all  their  urtillery,  their  weight, 
influence,  and  exertioiii,  to  bear  upon  it.  Jt  is  urged  mat  Con- 
gress should  provide  by  legislation  for  the  material  rurnishcd  by 
individuals  who  aro  unknown  to  the  governnieni  ;  but  let  me  lell 
genilemun  who  seem  to  think  there  is  soundness  in  this  principle, 
that  they  will  have  enough  to  do  to  investigate  and  to  piovide  lor 
the  payment  of  those,  with  whom  ihe  government  has  made  con> 
tracts  That  will  -ivs  us  ample  employmeni,  as  the  bills  which 
are  from  day  to  day  laid  upon  your  table,  must  cli  arly  testify.^ 
There  is  but  a  single  principle  involved  in  this  mailer.  You  have 
bui  to  inquire  whether  there  has  been  a  contract  between  Alyerlo 
and  the  governra  nt,  which  cannot  be  carried  out  by  Myerle.  If 
tnere  is,  you  are  bound  to  legislate  so  as  to  enable  ihc  contract  to 
be  fulfilled,  but  b.yond  this  you  cannot  go.  This  is  peculiarly  a 
case  fur  a  court  ol  chancery  The  honorable  Senmor  from  Ken- 
tucky says,  that  in  his  Stale  the  couris  exercise  jurisdiction 
in  such  cases.  I  have  no  doubt  about  that  j  but  I  am  aston- 
ished to  hrar  that  the  ground  upon  which  they  do  so  ex- 
ercise jurisdiction,  is  not  the  great  prii.cijiles  ol  law.  but  by 
a  sort  of  courtesy  towards  individuals.  The  injunci  ions  are  gi  ant- 
ed upon  courtesy  alone.  If  it  depends  upon  no  siauncher  lounda- 
tion  than  thai  ii  ought  to  be  stopped  insianily.  They  have  no 
right  to  exercise  that  sort  of  courtesy.  But  the  reason  assi;;ned 
by  the  Senator  from  Kentucky,  by  the  court  in  Kentucky,  affords  a 
strong  additional  reason  why  Congress  should  not  do  that  which, 
by  his  nmendment,  Ihe  Senator  calls  upon  us  to  do.  He  says  they 
refuse  to  do  it  for  the  reason  that  the  government,  according  to 
existing  laws,  could  not  be  sued  ;  that  tliey  could  not  irrant  that  re- 
lief indirectly  which  could  not  be  done  directly.  I  ask,  what  is  the 
purpose  ol  the  gentleman's  amendment  ?  Is  it  not  for  the  pur- 
pose of  doing  that  which  the  principal  parly  himself  could  not  do 
in  the  State  of  Kentucky?  As  I  said  before,  I  shall  not  go  now 
into  an  investigation  of  Mycrle's  case.  My  only  purpose  is,  to 
prevent  this  engrafting  of  judicial  power  upon  the  legifilation  of 
Congress.    ' 

Mr.  BENTON. — I  believe  the  Senator  from  Kentucky  has  in- 
formed us  that  he  has  got  the  papers  relating  to  this  case  locked 
up  in  his  desk. 

Mr.  UNDERWOOD.— They  are  ;  and  I  have  unfortunately 
forgotten  to  bring  the  key. 

Mr.  BENTON. — I  should  be  very  glad  if  the  Senate  conid  have 
an  opporiuniiy  of  looking  at  those  papers,  for  I  have  some  know- 
ledge of  this  case  ;  ii.  fact,  I  am  acquainted  with  all  the  circum- 
stances attending  it  from  the  commencement,  and  I  think  tliatif 
the  papers  were  examined  the  Senate  could  have  no  hesitation  as 
to  how  they  should  act,  In  the  meantime,  I  wish  to  say  half  a 
dozen  words  respecting  this  case.  I  think  that  Myerle  is  not  en- 
titled to  receive  any  thing. 

Mr.  UNDERWOOD.— I  have  not  looked  into  that. 

Mr.  BENTON. — That  is  a  part  of  the  subject  that  might  as 
well  be  looked  into  before  twenty  thousand  dollars  are  voted.  But 
as  to  the  second  part  my  mind  is  pretty  well  made  up.  It  so 
happened  that  this  contract  for  furnishing  hemp  was  undertaken 
to  be  performed  in  the  county  of  Woodford,  in  Kentucky,  where  I 
happened  to  be  at  the  time,  and  it  so  happened  that  1  knew  every 
thing  about  it.  I  knew  that  Myerle  could  not  make  a  purchase  of 
hemp  at  all,  unless  he  gave  the  acceptances  of  merebants  who 
were  known. 

Mr.  UNDERWOOD.— That  is  the  case. 

Mr.  BENTON.— That  is  one  class  of  claimants  in  connexion 
with  this  contract.  Then  comes  another  class  having  a  more  in- 
timate connexion  with  it.  I  understand  that  McMuUen,  in  con- 
sequence of  his  acceptances  in  favor  of  Myerle,  and  in  conse- 
quence of  the  mutual  profits  which  they  were  to  derive  from  tha 


660 


THE  CASE  OF  DAVID  MYERLE. 


[Monday, 


contract,  hecarno  implicated  as  a  parliior,  and  was  sued  thirty, 
forty,  or  fifty  tirui-'s  in  all  possible  wnys.  and  judcrments  recovered 
against  him  in  all  these  ca'es,  whicli  jud;iTients  he  had  to  pay, 
araountmg  altogether  to  a  large  sum  of  money,  very  nearly,  if 
not  quite,  twenty  thousand  dollars.  No  such  bill  as  this  shall  ever 
pass  by  ray  vote,  without  kncwina  who  is  subsiantially  to  be  ben- 
etilted,  or  who  were  the  persons  who,  in  reality,  fulfilled  the  con- 
tract. iVfyerle  could  not  advance  the  means,  and  ho  would  have 
been  wholly  unable  to  complete  his  Uhdcrtakins^,  had  he  not  been 
aided  by  the  advances  madu  by  these  individuals.  I  am  not  at  all 
satisfied  that  Myerle  is  entitled  to  the  money,  and  I  should  prefer 
that  the  bill  should  lie  over  for  the  present,  until  a  further  exurai- 
nation  can  be  had. 

Mr.  UNDERWOOD.— Let  the  hill  be  passed  by  informally  for 
the  present. 

Mr.  BADGER  —I  shall  have  no  objection  to  passing  the  bill 
by  for  a  day  or  two,  but  as  the  suhiect  has  been  i;one  into  this 
niornincr,  and  as  I,  by  direction  of  the  coinmittee  to  whom  it  was 
recommitted,  reported  the  bill  back  to  the  Senate.  I  beg  leave  to 
occupy  the  attention  of  the  Senate  for  a  few  moments  in  present- 
ing to  them  what  I  consider  is  the  true  question  for  their  determi- 
nation. We  have,  at  present,  nothing  to  do  with  the  question  of 
the  propriety  of  allowing  to  David  Myi-rle  twenty  thousand  dollars. 
The  amendment  supposes  that  sum  to  be  justly  due,  and  it  propo- 
ses, l)el'ore  iMverle  shall  receive  the  inoney.that  he  shall  enter  into 
a  bond,  conditional,  to  satisfy  Montmollin  and  Cornwall,  and  every 
other  person  who  may  have  made  advances  towards  enabling  him 
to  fulfil  his  contract  with  the  governiTient.  The  question  is,  wheth- 
er this  amendment  is  a  proper  one  to  be  annexed  to  the  bill  In 
the  first  place,  I  agree  entirely  with  ih.  Senator  from  Alabama  in 
considcrmg  it  as  an  irregular  and  inij. roper  mode  of  Icsislation, 
and  that  if  ihc  two  cases  adduced  by  ti>e  Senator  from  Kentucky 
as  precedents,  were  in  reality  precedents  which  could  apply  to  this 
case.  I  think  also  with  the  Senator  Irom  Alabama,  that  they  would 
be  much  more  honored  in  the  breach  than  the  observance.  This 
bill  proposes — u|ion  a  claim  set  up  by  an  individual  as  between 
him  anil  the  government  in  wnich.  if  any  body  is  entiileil  to  re- 
ceive a  penny,  lie  is  the  only  person  that  is  entitled  to  it — that  the 
.g.ivernment.'in  payinj  the  di  bt  ulicli  they  justly  owe,  shall  im- 
pose a  condition  to  be  perfortned  by  the  party  who  is  to  receive 
the  money  ;  that  the  government  shnll  look  beyond  their  contract: 
bevond  the  party  they  contract  with,  a.nd  compel  him  to  give  se- 
curity that  he  will  discharge  certain  liabilities  which,  it  is  said  in 
point  of  equity  and  conscience,  he  is  bound  to  discharge  towards 
other  persons.  I  cannot  understand  the  equity  of  such  a  proceed- 
ing on  the  part  of  the  government.  In  my  judgment,  it  is  the  ex- 
ercise of  a  power  that  ought  not  to  be  assumed  by  Congress.  It 
is  a  power,  the  exercise  of  which  equity  does  not  warrant.  In  a 
moral  sense  a  government  stands  in  no  dill'erent  position  than  an 
individual  does  tosvards  an  indivulual  to  whom  they  owe  money.  An 
individual,  .when  he  pays  a  debt,  has  not  tlie  right  to  impose  a  con- 
dition up{m  the  person  receiving  payment.  It  is,  therefore,  as  I 
apprehend,  a  vicious  pimciple  ol  legislation.  But  the  cases  refer- 
red to  bv  the  Senator  from  Kentucky,  are  not  like  the  one  under 
consideration.  We  have  before  us  nothiuL'  to  show  upon  whatground 
Con^'ress  acted  in  imposing  the  resirii-tions  which  they  im- 
posed in  those  cases  ;  but  we  have  enough  to  show  this,  that  they 
visre  cases  between  the  government  and  contractors  who  li.ad  exe- 
cuted certain  work,  and  in  those  cases  the  law  required  that  the  con- 
tractors, before  they  received  their  money,  should  enter  into  stipula- 
tions to  pay  for  the  labor  and  for  the  naterials  used  and  absorbed  in 
the  work.  And  in  the  other  ease,  Congress  seems  to  have'  proceeded 
in  these  two  cases  upon  the  idea,  which  we  know  prevails  in  some 
of  ilie  States,  that  persons  who  furnish  labor  and  material  upon  a 
biiildinil  contract,  are  not  regarded  in  tli.-.  light  of  general  creditors, 
but  as  liavin"  a  lien  upon  the  building  IVir  the  payment  of  their  debt. 
>!y  honorable  friend  from  Kentucky  very  dexterously  speaks  of  the 
subject,  as  if  certain  poor  farmers  had  furnished  the  material  and 
the  labor  for  fulfilling  this  contract,  and  it  was  proposed  to  give 
Myerle  the  money,  and  to  prevent  them  from  being  paid.  But 
tliere  is  no  such  qncsiion  before  the  Senate.  Every  farmer  has 
been  paid,  and  paid  with  the  means  furnished  by  Montmollin  and 
Cornwall  under  stipulations  between  them  and  Myerle.  It  is  not 
the  case  of  larmers  who  have  advanced  their  hard  earnings,  and 
their  labor  goinsi  unpaid,  but  it  is  the  case  of  men  who,  for  their 
own  advantage,  inadc  advances  to  Myeilo,  and  who  are  now  call- 
ing on  Congress  to  interpose  and  convert  them  from  general  cred- 
itors into  u  sort  of  mortgage  creditors.  The  case  then,  putting  it 
upon  its  best  footing,  stands  thus  :  these  are  men  who  made  advan- 
ces of  money  to  Myerle  without  stipul.iting  for  any  lien  or  secu- 
fiiy — withoif  stipulating  that  they  should  be  considered  as  part- 
ners— withoui  any  reference  to  the  contract  from  beginning  to  end. 
They  have  then,  no  more  claim  for  the  interposition  of  Congress 
than  any  other  men  in  the  world  who  may  have  advanced  money 
to  Myerle.  Then  the  question  is.  wheiher,  at  this  day.  Congress 
is  going  to  exercise  this  sort  of  jurisdiction,  and  to  determine  that 
if  a  man  have  a  claim  against  the  government,  and  wc  pa.ss  a  bill 
to  pay  it,  we  have  a  moral  right — wo  hii ,  e  the  power  we  all  know — 
but  have  we  the  moral  right  to  require  that  he  shall  give  security 
before  he  is  paid,  that  ho  will  disburse  the  money  that  he  has  earned. 
Where  is  thing  to  end  ?  Must  you  go  through  all  the  ramifica- 
tions of  these  various  coniracis  and  stijiulations,  and  find  out  who 
is  the  man  who  is  to  be  the  object  of  your  bounty?  Sir,  you  can- 
not do  it.    The  case  under  cousideration  is  one  in  wliioli  tbo  only 


person  known  to  the  government  is  Myerle.  When  the  case  again 
comes  up,  I  hope  to  be  able  to  show  that  David  Myerle  is  a  meri- 
torious subject  for  the  interposition  of  Congress  ;  that  he  is  entitled 
to  the  sum  of  money  that  is  proposed  to  be  given  to  him  by  this 
bill,  and  indeed  to  much  more,  but  that  is  not  the  question  now 
before  the  Senate.  David  Myerle  undertakes,  under  an  arrange- 
ment with  the  Secretary  of  the  Navy,  to  introduce  a  new  princi- 
ple in  the  preparation  of  hemp,  an  object  in  which  every  one  has 
an  interest.  Myerle  being  the  only  person  known  to  the  govern- 
ment, according  to  my  view  of  the  subject,  this  case  is  ended  by 
the  passage  of  the  bill  sranting  him  the  money  to  which  he  is  en- 
titled. But  it  is  said  that  under  some  sort  of  attachment,  or  trust 
process,  I  know  not  what,  if  this  was  the  case  of  an  ordinary 
debtor,  the  funds  inicrht  be  attached  or  seized  in  his  hands,  and  de- 
tained there  until  by  a  compulsoiy  process,  they  are  paid  over  to 
his  creditors,  but  that  in  this  case  the  thing  cannot  be  done,  and 
therefore  Congress  must  provide  for  the  case  expressly.  If  this  ap- 
peared to  he  a  case  in  which  Montmollin  and  Cornwall  had  come 
forward,  either  with  a  view  to  advance  the  public  interests,  or  from 
a  desire  to  aid  aid  assist  a  man  to  get  forward,  who,  by  thcexercise 
of  his  industry  and  care,  was  endoavoiing  to  fulfil  his  contract 
\vith  the  government;  if  ii  was  cither  patriotism  or  benevolence  that 
guided  them,  there  would  be  some  reason  for  our  interposition. 
But  the  slightest  attention  to  this  matter  will  show  that  their 
only  object  was  to  make  money  by  a  most  exacting  and  usurious 
transaction.  Allow  me  to  call  to  call  the  attention  of  the  Senate  to 
one  class  of  their  agreements,  .ilyerle  a-.,  rees  to  give  Montmollin 
and  Cornwall  his  accepiances,  payable  in  three  an3  four  months  in 
the  city  of  Boston,  to  enable  them  to  make  the  necessary  advances 
and  he  also  agrees  to  allow  them  two  and  a  half  per  cent,  for  en- 
dorsing and  neffotiating  his  bills,  and  one  per  cent.  Interest  upon 
them,  and  the  differeneeof  exchange  between  Lexington  and  Bos- 
ton. I  certainly  think  I  cannot  be  mistaken  in  saying  there  is  no  kind 
of  justii:e,  either  legal  or  equitable,  in  our  listeninir  to  any  claim  what- 
ever, founded  upon  such  a  contract  as  that.  Why  it  is  gross  usury. 
Two  and  a  half  per  cent,  as  the  consideration  for  accepting  the 
bills,  the  difference  ol  exchanges,  and  then  one  per  cent,  a  month 
interest.  Sir,  if  we  have  the  power  to  interpose  at  all.  and  if  it 
be  proper  to  exert  that  power  in  any  case,  it  certainly  cannot  be 
proper  to  interpose  for  the  benefit  of  usurers,  to  men  who  are 
seeking'  to  innke  a  profitable  speculation.  But  I  have  objection 
to  this  amendment.  The  amendment  is  founded  upon  the  idea 
that  these  people  were  in  some  sense  partners  in  this  transaction. 
My  honorable  friend  from  Kentucky  repeatedly  spoke  of  them  un- 
der the  description  of  partners.  He  told  us  that  partners  after 
disagreement  always  manifested  the  utmost  bitterness  towards 
each  other.  But  these  men  were  not  partners  in  any  sense.  If 
they  had  come  forward  avowedly  for  the  purpose  of  enabling  My- 
erle to  execute  his  contract  with  the  government,  with  ihe  under- 
standing that  they  were  to  stand  or  fall  with  him.  why  beyond  all 
doubt,  having  thus  become  parties  to  the  contract,  they  would  be 
entitled  to  be  provided  lor  in  the  bill.  But  thai  is  not  the  case  ; 
there  is  no  reference  or  allusion  to  their  becoming  partners  or 
parties  to  the  contract.  It  is  a  mere  stipulation  between  Myerle 
and  Montmollin  and  Cornwall  by  which  the  latter  expected 
to  make  a  handsome  profit,  not  only  in  the  way  of  com- 
mission upon  their  advances,  but  also  twelve  per  cent,  per  an- 
num upon  the  money  so  advanced.  It  is  said  by  the  honor- 
able Senator  from  Missouri  that  these  men  have  been  made 
responsible  as  partners,  that  they  have  been  sued,  and 
that  judgments  have  been  recovered  against  them.  That  may  bo 
very  true,  but  it  would  not  give  them  the  rights  of  partners.  A 
man  may  by  his  act  become  liable  as  a  partner  in  the  same  man- 
ner as  he  may  become  liable  as  an  executor  to  an  estate,  without  in 
either  case  being  entitled  to  the  rights  which  appertain  to  an  indi- 
vidual in  such  a  capacity.  But  there  is  still  another  objection.  These 
men  strip  themselves  of  every  shadow  of  claim  upon  the  consider- 
ation of  Congress  by  withholding  their  co-operation  in  the  pros- 
ecution of  the  claim,  until  after  they  found  that  a  bill  liad  passed 
the  House  of  Representatives,  and  then  all  at  once  eagerly  com- 
ing forward  and  thrusting  themselves  upon  the  Senate  as  joint 
claimants,  whilst  this  poor  fellow  Myerle  has  been  soliciting  his 
claim  before  Congress  for  many  years.  When  he  called  upon  these 
men  to  aid  and  assist  him  in  prosecuting  the  claim,  they  would 
have  nothing  to  do  with  it  ;  but  as  soon  as  the  bill  passed  the 
other  House  they  come  forward  and  endeavor  to  procure  the  an- 
nexation of  this  amendment. 

Upon  the  whole,  it  seems  to  me  that  the  objections  to  the  pro- 
posed amendment  are  simply  these.  In  the  first  place  the  princi- 
ple of  the  amendment  is  vicious  in  toto;  and  in  the  nex".  place,  if 
you  look  inio  tlie  merits  of  the  claim  of  these  individuals  you  will 
find  it  is  neither  legal  or  equitable;  and  thirdly,  this  application  is 
an  after  thought.  For  after  leaving  this  poor  fellow  Myerle  to 
forward  his  claim  as  he  best  miglit,  until  it  is  matured,  and  ready 
to  he  passed,  then  for  the  first  time  do  we  hear  any  thing  of  the 
claim  of  these  individuals.  Then  what  species  of  justice  would 
it  be  towards  Myerle  to  oblige  him  to  give  security  to  the  govern, 
ment  in  the  sum  of  twenty  thousand  dollars  to  discharge  all  his  li- 
abilities? Why  he  is  broken  down — he  has  got  nothing — he  has  sus- 
tained losses  upon  losses  in  consequence  of  this  contract.  Who  is 
going  to  be  his  securiiy  ?  The  Senator  from  Kentucky  will  not. 
The  necessary  consequence  will  be  this,  he  cannot  receive  one  cent 
of  the  money,  and  he  will  bo  obliged  to  bring  himself  to  the  atti- 
tude of  supplication  to  these  men,  Montmollin  and  Cornwall,  and 
be  content  to  receive  at  their  hands  such  pittance  as  they  may 
jhink  proper  to  allow  him. 


May  29.] 


THE  CASE  OF  DAVID  MYERLE. 


661 


Mr.  CRITTENDEN. — I  rise  ratI;erfor  the  purpose  of  reealling 
the  attention  of  the  Senate  to  the  two  other  acts  of  Conjjress  which 
contain  provisions  sinnliar  to  that  now  proposed,  than  for  the  pur- 
pose of  making  any  observations  in  regard  to  the  subject. 

1  must  confess  that  I  have  hardly  ever  heard  a  more  technical 
argument  in  a  court  of  justice  than  ihat  made  here  by  the  honor- 
ble  Senator  from  North  Carolina.  What  was  the  course  taken  by 
Myerle  afier  havmg  entered  into  his  conirnct  with  tlie  govern- 
ment 1  I  do  not  wish  to  speak  harshly  of  him,  hut  it  is  only  con- 
sistent with  the  truth  to  say,  that  he  had  no  credit  ;  his  only  letter 
of  credit  was  his  contract  with  the  government.  Whose  money 
bought  this  hemp  ?  That  is  a  little  fact  that  weighs  nothing  in 
the  technical  argument  of  the  honorable  Senator.  Whose  money 
bought  it  ?  The  money  of  MontmoUin  and  Cornwall.  Who  is  to  be 
paid?  Myerle.  Whose  hemp  was  it  ?  According  to  law  and  techni- 
cal title,  It  was  the  hemp  of  Myerle.  But  you  are  appealed  to  as  the 
highest  tribunal  in  the  countiy  to  dispense  equity — for  I  trust  that 
in  our  legislation  we  are  to  regard  the  principles  of  equity.  Will 
you  then  pay  the  man  who  has  but  the  technical  title,  and  who 
may  pocket  the  money,  to  the  disparacement  of  those  who  expend- 
ed their  means  in  the  purchase  of  that  for  which  you  are  now  call- 
ed upon  to  pay  ?  Bui  the  gentleman  is  altogether  oi)posed  'o  act 
the  part  of  a  court  of  justice  ;  yet  when  he  comes  to  that  part  of 
the  case  relating  to  the  contract  between  Myerle  and  MontmoUin 
and  Cornwall,  he  finds  out,  that  there  is  usury  in  the  contract,  and 
that  it  is  therefore  of  no  validity.  The  usury,  he  insists,  destroys 
the  whole  equity  of  the  case.  The  law  of  contract,  ho  says,  does 
not  tolerate  usury. 

Nothing  can  possibly  be  more  equitable,  than  the  claim  of 
Mtintmollin  an.l  Cornwall;  and  Myerle.  in  reason,  substance,  and 
in  sense,  is  a  mere  name  ;  just  as  much  so  as  John  Doe.  The 
honorable  Senator  might  as  well  contend  that  John  Doe  is  the 
substantial  farmer.  Does  not  the  record  say  so?  We  are  under 
no  obligation,  the  gentleman  savs,  to  any  person  but  Myerle. 
What  obligation  are  you  under  to  Myerle  ?  Is  it  an  obligation  you 
can  go  into  a  court  and  sue  upon  ?  No.  What  is  it  then  !  It  is  the 
high  moral  obligation  to  do  rigl  t  and  justice.  Well,  when  you  are 
doing  right  and  justice,  will  vou  do  it  by  hal.es  ?  will  you  pay  rao. 
liey  to  a  mere  name,  or  will  you  look  behind  that  name  and  see 
the  real  sense  and  substance  of  the  transaction,  and  make  your 
payments  accordingly  ?  I  should  do  the  latter  ;  that  would  be  my 
judgment  ;  and  it  is  all  that  these  men  ask.  Myerle  comes  here 
olaiming  pay  for  hemp  that  never  belonged  to  him.  Sir,  there 
needs  no  on  a  precedent  on  a  subject  of  this  sort,  principle 
IS  enough,  and    the  principle  is    plain  here.     "Poor   Myerle,"    the 

fentleman  says.  Myerle  is  the  subject  of  sympathy — for  what? 
or  what  does  he  claim  our  sympathy,  or  our  equity  ?  He  has 
borrowe  i  other  people's  money  on  the  faith  that  the  hemp  furnished 
to  the  government  shall  produce  that  money.  The  money  should 
therefore  go  to  the  creditors.  But  ''poor  Myerle"  desires  to  put  this 
naoney  in  his  own  pocket,  and  cast  his  creditors  adrift.  He  cer- 
tainly would  not  be  "poor  Myerle"  long.  It  is  surprising  to  me 
that  this  plain  view  of  the  case  does  not  strike  honorable  Senators 
as  the  one  Congress  should  adopt.  But  gentlemen  seem  to  appre- 
hend |that  Congress  will  be  involved  in  much  ditHculty  lierealier, 
if  they  assume  such  jurisdiction.  But  this  sort  of  legislation  is  al- 
together a  matter  of  discretion.  If  a  man  comes  forward  with  a 
doubtful  or  questionable  claim,  Congress  may  say  we  do  not  see 
the  justice  of  it — we  cannot  allow  the  claim.  That  Montmol- 
lin  and  Cornwall  advanced  the  money,  is  admitted.  Shall 
we  refuse  then  to  reimburse  him  because  doubtful  cases 
may  be  advanced  ?  When  these  eases  occur  wo  may  re- 
ject them,  but  we  cannot  divest  ourselves  of  our  power  to 
investigate  such  cases  and  ascertain  their  validity.  It  is 
a  power  that  has  been  been  exercised  in  numerous  instances. 
So  clear  and  undoubted  a  claim  as  this  has  seldom  occurred  ;  it  is 
a  claim  that  is  engrafted  with  that  which  Myerle  sets  up;  it  is 
incorporated  with  it,  and  inseparable  from  it  ;  and  yet  we 
are  ca  led  upon  to  throw  aside  all  considerations  of  sub- 
stantial equity,  and  say,  it  was  in  this  name  the  conirnct  was 
made,  and  in  this  name  it  must  be  paid,  and  we  thus  discharge 
our  obligation.  Yes,  you  discharge  your  obligation  literally,  I 
admit,  but  you  do  not  do  it  equitably  and  justly.  Will  the  Senate, 
with  its  high  and  equitable  power,  not  do  what  a  court  of  equity 
would  do?  I  do  not  mean  a  court  of  equiiy  auling  in  this  case 
merely,  but  acting  upon  a  class  of  cases.  Myerle  goes  to  these 
men  and  says  to  them,  I  have  not  the  means  to  fulfil  'my  contract; 
furnish  me  the  means,  and  you  shall  be  repaid  out  of  the  proceeds 
of  the  contract.  They  do  so;  making  it  a  joint  stock  affair  No.*', 
how  would  equity  dispose  of  such  a  case?  Without  a  further  re- 
mark, the  proposition  is  so  plain,  that  I  cannot  but  indulge  the 
hope  that  Congress  will  agree  not  to  take  MontmoUin  and  Corn- 
wall out  from  the  mass  of  creditors  of  the  same  description  with 
himself,  but  allow  the  whole  class  who  participated  in  furnishing 
the  means  for  the  fulfilment  of  the  contract  to  be  provided  for  by 
this  act. 

Mr.  BADGER. — My  honorable  friend  from  Kentucky,  who  al 
ways  sees  things  very  clearly,  not  only  expresses  his  perceptions 
with  great  force,  but  in  his  view  what  he  deems  to  be  right  is  so 
absolutely  apparent,  that  he  is  surprised  that  every  other  person 
does  not  look  upon  them  exactly  as  he  does.  The  honorable  Sen- 
ator says  that  the  name  of  Myerle  in  this  case  is  nothing  more  than 
John  Doe  in  legal  proceedings.  I  can  only  say,  that  this  is  cer- 
tainly a  strong  and  extravagant  figure  of  speech.  David  My  erle 
oadoublediy  contracted  with  this  governiaenc.    Xha  governiaen 


is  not  in  the  habit  of  treating  with"  imaginary  persons;  and  I  am 
inclined  to  believe  that  the  Senate  will,  at  all  events,  presume 
that  they  have  a  real  and  substantial  individual  before  them  in  the  • 
person  of  this  contractor.  My  honorable  friend  says  thai  the  facts  in 
this  case  arc  clear,  and  that  the  claim  of  MontmoUin  and  Cornwall 
is  cle«rly  equitable — that  there  is  no  doubt  about  it.  But  if  my  hon- 
orable friend  will  look  into  the  papers  in  the  case  he  \Vill  find — un- 
less he  takes  it  for  granted  that  whatever  one  party  says  is  true,  and 
whatever  the  other  party  says  is  false — thiit  there  is  no  such  equity 
in  the  ease  of  MontmoUin  and  Cornwall  at  all.  My  honorable  Iriend 
says  that  if  doubtful  cases  come  before  Congress,  it  will  be  proper 
not  to  exercise  that  discretionary  power  viliich  he  recommends  should 
be  exercised  in  this  case.  With  great  deference  to  my  honorable 
friend,  it  seems  to  me  that  it  is  surrendering  the  whole  question. 
The  honorable  Senator  from  Kentucky  says  that  a  court  of  equiiy 
would  do.  I  undfistand  it  to  be  equiiy,  never  lo  give  reliel  to  a 
party  upon  a  usurious  contract  under  any  circumstances.  If  the 
party  who  has  lost  money  upon  usurious  considerations,  obtains 
an  advantage  over  tjie  borrower,  and  the  borrower  comes  into 
court  to  obtain  relief,  the  court,  before  it  extends  relief  to  him, 
obliges  him  to  pay  the  amount  really  borrowed  with  legal  interest. 
I  believe  I  used  the  expression  that  this  poor  fellow.  Myerle,  alter 
the  passage  of  this  act,  with  this  proviso  attached  to  it,  would  faa 
in  a  very  singular  and  embarrassing  situation,  as  undoiibti'dly  ha 
would.  My  honorable  friend,  emphasizing  the  word  with  scorn, 
says  he  would  soon  cease  to  be  poor.  One  thing  is  very  certain, 
if  a  man  admitted  to  be  insolvent  is  not  to  receive  what  is  due  to 
him,  until  he  enters  inio  bond  that  he  will  pay  over  over  to  other 
parties  what  is  due  to  tlirm,  there  is  no  reasonable  prospect  that 
lie  will  receive  his  dues  at  all.  If  this  is  to  be  the  course  taken  by 
Congress  in  this  case,  it  makes  the  claimant,  "  poor  Myerle."  in 
a  very  signal  and  emphatic  sense.  To  wit:  proving  a  debt  due  to 
him  from  the  government,  and  there  being  a  provision  annexed  to 
the  acknowledgement  of  the  claim  which  prevenishim  forever 
from  deriving  any  advantage  from  it.  The  advocacy  of  this  pro- 
viso seems  to  be  founded  upon  the  supposition  that  these  individ- 
uals were  to  be  allowed  to  participate  in  the  benefit  of  the  con- 
tract without  any  stipulation  to  that  efl'ect  They  negotiated 
bills — for  what  purpose  ?  For  the  advantajjo  of  receiving  2^ 
per  cent,  for  their  acceptance,  the  difference  of  exchange,  and  the 
small  inierest  of  12  per  cent,  per  annum;  and  until  this  bill  was 
passed  by  the  House,  no  one  had  the  slightest  idea  that  iliey  were 
in  any  'v\ay  connected  with  the  maiter.  That  they  had  no  right 
to  demand  a  lien,  is  evident  from  the  fact  that  up  to  this  time  they 
refused  to  furnish  any  statement,  or  to  have  any  thing  to  do  with 
soliciting  ihe  claim;  but  the  bill  having  received  the  sanction  of 
one  branch  of  Congress,  they  now  come  forward  and  set  up  their 
claim. 

Mr.  UNDERWOOD.— The  Senate  is  now  thin,  and  with  a 
view  of  having  a  full  vote  when  the  mailer  is  finallv  disposed  of,  I 
will  move  that  the  further  consideration  of  the  bill  be  postponed 
until  ihe  day  after  to  morrow,  and  be  made  the  special  order  of 
the  day  for  that  day.  I  desire  :his.  heoause  I  wish  to  produce  the 
papers  relating  to  the  case;  and  those  papers,  I  think,  will  seew 
such  facts  as  will  enable  the  Senate  to  dispose  of  the  case  sutisfac- 
torily.  But  allow  me,  before  I  make  that  motion,  to  give  a  case 
to  illustrate  the  principle  which  the  Senator  from  Alabama  con- 
demns so  strenuously,  and  I  put  the  case  lo  him,  to  know  whether, 
with  his  sense  of  justice,  he  will  adhere  to  the  opinion  he  has  ex- 
pressed. In  lime  of  war,  you  put  into  the  hands  of  a  Cf>ntractor, 
or  an  agent  who  makes  a  contract  with  the  government,  ol'iyor  a 
hundred  thousand  dollars,  and  send  him  to  purcliase  a  luousand 
mules.  He  exhibus  his  contracts  to  those  who  have  property  of 
the  kind,  and  expends  the  money  which  the  government  has  ad- 
vanced to  him;  but  there  is  still  due  him  filly  or  a  hundred  thousand 
dollars.  The  farmers  who  furnished  him,  find  that  this  con'.racior 
has  spent  the  money,  and  has  obtained  their  property  on  creilit, 
and  they  represent  the  ease  of  this  fiaudulenl  agent  to  the  govern- 
ment; and  they  say  we  did  not  make  the  contract,  it  is  true,  but 
we  furnished  the  properly,  and  before  you  pay  the  amoui'.t  due  on 
the  contract ,  we  ask  you  to  compel  the  contractor  to  give  some 
sort  of  security  that  we  shall  be  paid.  Now,  it  seems  lo  me.  that 
that  case  is  precisely  analagous  in  principle  to  Ihe  o.e  before  us. 
You  have  got  the  hemp  and  the  labor.  The  men  who  paid  for  ihem 
do  not  want  this  man  to  get  hold  ol'the  money,  because  if  he  does, 
they  will  never  get  a  cent.  Now,  I  would  like  to  know  what  the 
Senator  from  Alabama  would  do  in  such  a  case  ? 

Mr.  BAGBY. — As  far  as  the  hemp  is  concerned,  I  am  rather 
inclined  to  think  that  Myerle  and  the  Kentucky  clients  of  my  hon- 
orable friend  are  about  equally  interested;  but  in  regard  to  the 
question  which  the  honorable  Senator  has  put  to  me,  I  will  answer, 
that  ifa  person  in  time  of  war  obtain  advances  on  the  faith  of  a 
contract,  I  should  say  that  the  persons  furnishing  the  property 
should  be  pciid;  but  if  the  consideration  for  making  those  advances 
was  an  usurious  contract,  amounting  as  in  this  case,  to  about  17 
per  cent,  on  the  advances,  I  would  let  the  horses  slip  their  halters 
and  go  back  to  their  owners.  These  men  did  not  inquire  whether 
Myerle  had  a  coniract  with  the  government,  but  they  said  if  you 
give  us  your  bills,  with  a  commission  of  2^  per  cent.,  with  a  dif- 
ference of  exchange,  and  1  per  cent,  a  month  on  the  money  ad- 
vanced, we  will  accommodate  you  with  the  funds — not  relying  upon 
the  credit  of  the  government  at  all,  but  having  in  view  the  profit 
that  was  thus  to  accrue  to  them  from  the  transaction.  I  will 
say,  with  the  Senatoi  from  North  Carolina,  "poor  David  Myerle" — 
poor  indeed.    He  has  not  only  to  meet  lUe  enactors  of  the  govern* 


662 


THE  CASE  OF  DAVID  MYERLE. 


1       0i- 

[Monday, 


menf,  but  he  has  to  go  throujrh  the  hands  of  these  extortioners. 
.The  honorable  Senator  over  the  way  says,  that  it  wonld  be  the 
duty  of  a  eoi  rt  of  equity  to  reheve  these  creditors  of  Myerle,  and 
therefore  that  we  oujjht  to  do  it.  Sir.  those  who  go  into  court 
should  go  with  clean  hands,  they  should  not  go  as  these  creditors 
must,  relying  upon  a  transaction  unjust,  inequitable,  and  iniqui- 
tous in  all  Its  phases.  I  do  not  propose  to  go  into  the  merits  of 
the  bill  at  this  time;  I  am  merely  discussing  the  amendinent.  I 
am  glad  that  the  Senator  has  proposed  a  postponement  of  the  sub- 
ject, for  I  think  we  shall  be  able,  when  it  again  comes  up,  to  make 
up  a  much  clearer  case,  and  to  show  the  manifest  impropriety  of 
attaching  to  the  bill  such  a  proviso  as  is  here  proposed. 

Mr.  UNDERWOOD  —The  honorable  Senator  from  Al.-ibama 
useil  the  expression,  ''my  Kentucky  clients  "  I  wish  to  inform  him, 
that  upon  this  floor  I  have  no  clients.  I  know  nothing  about  the 
gentlemen,  except  that  they  handed  me  their  papers  the  other 
day,  and  as  a  Kentuckian,  it  was  my  duty  to  pay  some  attention 
to  the  subject.  I  may  conclude,  from  the  reply  of  the  Senaior  to 
the  case  which  I  put  to  him,  ihat  his  heart  i*  so  much  like  my 
own,  that  he  could  not  help  acknowledging  that  he  would  remu- 
nerate the  owners  of  the  properly.     By  that  acknowledgment,  he 


is  committed,  as  far  as  the  principle  is  concerned;  and  if  I  can 
show,  when  the  ease  comes  up  again,  that  the  usury  which  he 
complains  of  interposes  no  bar,  then  he  will  be  bound  to  support 
the  proviso  which  I  have  offered.  I  want  to  produce  the  papers, 
and  when  they  are  examined,  I  believe  they  will  furnish  sufficient 
evidence  to  convince  the  Senate  that  these  persons  are  entitled  to 
a  reasonable  remuneration.  Even  if  the  contract  were  usurious, 
it  would  not  be  vitiated  on  that  account  in  Kentucky,  as  my  honor- 
able colleague  has  explained.  The  law  only  telieves  from  the  ex- 
cess of  interest  over  six  per  cent.;  the  balance  of  the  contract  is 
good;  it  will  not  deprive  the  party  of  liis  right  to  claim  the  amount 
actually  advanced  with  the  legal  inter-^st. 

The  bill  was  then  postponed,  and  made  the  special  order  of  the 
day  for  Wednesday. 

On  motion  by  Mr.  UNDERWOOD,  it  was 

Ordered,  That  the  further  consideration  of  the  bill  be  postponed 
until  Wednesday  next. 

On  motion, 

The  Senate  adjourned.^ 


May  30.] 


PETITIONS— RESOLUTIONS,  ETC. 


663 


TUESDAY,  MAY  30,  1848 


REPORT    FROM    THE    TREASHRT    DEPARTMENT. 

THE  VICE  PRESIDENT  laid  before  the  Senate  a  report  of 
the  Second  Auditor  of  the  Treasury,  made  agreeably  to  law,  ac- 
companied with  such  accounts  as  have  been  rendered  by  persons 
charged  or  entrusted  with  I  be  disbursement  of  moneys,  goods,  or 
eflects,  for  the  benefit  of  Indians,  from  the  1st  of  October,  1S46, 
to  the  30th  of  September,  1847;  which  was  referred  to  the  Com- 
mittee on  Indian  Affairs,  and  ordered  to  be  printed. 

PETITIONS. 

Mr.  YULEE  presented  a  petition  of  citizens  of  Hamilton  county, 
Florida,  and  James  coun'y,  Georgia,  prayinfj  the  establishment  of 
a  mail  route  from  Troupville,  Georgia,  to  Columbus,  in  Florida; 
whieh  was  referred  to  the  Committee  on  the  Post  OfTico  and  Post 
Roads. 

Mr.  DIX  submitted  additional  documents  in  relation  to  the  claim 
of  Elijah  Pratt,  lor  remuneration  for  the  use  of  his  patent  valves; 
which  was  referred  to  the  Committee  on  Military  Atfairs. 

Mr.  FELCH  presented  a  memorial  from  citizens  of  Wisconsin, 
praying  that  the  next  census  may  contain  a  return  of  the  number 
of  freeholders  in  each  State  and  Territory  of  the  Union;  which 
was  referred  to  the  Committee  on  the  Judic.aiy. 

Mr.  DAVIS,  of  Massachusetts,  presented  the  memorial  of  citi- 
zens of  Boston,  Massachusetts,  praying  the  purchase  of  Mount 
Vernon  by  the  government;  -which  v/as  referred  to  the  Committee 
on  Military  Atiairs. 

Mr.  DOWNS  presented  the  memorial  of  the  judges  and  mem- 
bers of  the  bar  of  New  Orleans,  with  a  report  of  the  committee 
of  the  Louisiana  bar,  ask  ng  that  the  practice  in  the  circuit  and 
district  courts  of  ;he  United  States  in  all  civil  eases  may  be  made 
to  conform  to  that  of  the  courts  of  that  Stale,  remarked — 
This  is  an  important  subject,  and  I  wish  tho  early  action 
of  the  Senate  upon  it.  In  i.''24  an  act  of  Congress  was 
passed  providing  that  in  civil  eases,  the  practice  of  the 
1  o  irts  of  Louisiana  .should  be  adopted  by  the  United  States  courts 
*'or  that  district,  antl  lor  many  years  this  was  carried  into  effect, 
as  it  was  understood  that  the  practice  of  the  courts  of  Louisiana 
■was  adopted  by  the  United  States  courts.  But  in  1835,  in  a  case 
brought  up  from  the  United  States  court  to  the  Supreme  Court  of 
the  United  States,  i'.  was  decided  that  there  being  no  equity  juris- 
diction given  to  the  courts  of  Louisiana,  the  federal  courts  must 
exercise  equity  jurisdiction  there,  as  in  the  other  stales — that  the 
constitution  required  it.  The  courts  contended,  that  the  principle 
applied  to  all  civ.l  cases,  but  nnfortunately  at  the  bar  of  Louisiana 
they  misunderstood  the  law,  and  our  own  courts  decided  that 
they  had  no  equity  jurisdiction,  consequently  they  have  discarded 
our  practice  in  Louisiana,  and  adopti'd  ilie  English  system,  which 
is  entirely  unknown  in  that  Slate.  If  it  were  a  mere  mutter  of 
procedure,  the  bar  and  citizens  of  Louisiana  would  not  object  to 
it.  But  it  is  so  hard  to  distinguish  between  procedure  and  the 
principles  of  the  law  itself,  that  it  has  actually  in  practice  decided 
principles  of  law  opposite  to  the  jurisprudence  ol  our  own  State. 
The  very  case  in  which  the  qi  estion  was  settled  was  a  most  ex- 
traordinary one.  The  case  was  lirst  decided  by  our  own  courts, 
and  finally  by  the  Supremo  Court  of  the  United  States,  when  the  par- 
ties had  had  the  advantage  of  all  the  privtleaes  which  the  law  gave 
them,  and  a  final  decision  was  maiJe,  it  was  suggested  by  tho 
counsel  of  one  of  the  parties,  that  if  they  changed  their  domicil 
and  got  a  residence  in  another  State,  the  decision  might  be  differ- 
ent. They  did  get  a  residence  iu  another  Stale  ;  they  again 
brought  their  suit,  the  former  decision  was  overturned,  and  pro- 
perty to  an  immense  amount  changed  hands.  This  was  only  the 
conimencerncnt  of  the  ditiieulty.  Then  arose  the  suit,  in  which 
millions  of  dollars  worth  of  property  in  the  city  of  Fayette  were 
involved,  the  parties  obtained  a  residence  in  another  State,  not 
that  justice  was  denied  them  in  their  own  State,  but  with  a  view 
to  overthrow  the  jurisprudence  of  Louisiana.  When  the  decision 
was  made  a  few  years  ago  in  the  case  of  Livingston,  so  oppressive 
■was  it,  that  the  bar  of  Louisiana  immediately  adopted  resolutions 
remonstrating  against  it.  They  were  sent  here,  but  for  some  rea- 
.son  or  other  they  have  not  been  acted  upon.  When  I  came  to  the 
Senate  I  found  that  a  memorial  similiar  to  this  had  been  presented 
and  referred  \o  the  Judiciary  Committee,  and  as  usual  at  the  com- 
monoe.iient  of  a  new  session,  it  was  called  up  and  referred  again. 
On  my  asking  the  chairman  of  the  committee  to  take  up  the  sub- 
ject at  an  early  period,  he  st  ted  to  me  that  there  were  objections 
to  the  memorial,  serious  objections,  resting  upon  constitutional 
grounds,  and  upon  enquiring  what  those  objections  were  he  show- 
ed me  a  communincation  which  he  had  received  on  the  subject, 
-  most   extraordinary  communication   it  was.     That  commu- 


and  1 


nicatioii  is  the  cause  of  this  memorial   being  presented.     At  the 
time  the  former  memorial  was  presented,  a  member  of  the  bar  of 


another  State,  who  perhaps  had  some  intention  of  locating  himself 
in  Louisiana,  presented,  I  will  not  say  a  strong  remonstrance,  bat 
a  strong  letter,  arraigning,  not  only  the  bar,  and  the  judges,  but 
the  whole  system  of  jurisprudence  of  Louisiana  And  this  was 
communicated  privately  to  the  chairman  of  the  committee,  and  re- 
mained upon  the  files  of  the  committee  for  twelve  mouths,  until 
discovered  by  myself.  The  objections  contained  in  this  cummuni- 
cation  were  so  extraordinary,  that  they  absolutely  required  the 
notice  of  the  judiciary  and  bar  of  Louisiana.  In  order  that  the 
facts  might  be  fully  developed,  not  secretly,  but  publicly,  the  com- 
munication was  sent  by  me  to  the  bar  of  Louisiana,  They  have 
forwarded  a  new  memorial  lor  the  purpose  of  having  the  whole 
subject  fully  examined.  I  hojie  then  that  the  subject  which  has 
been  so  long  pending,  and  in  which  the  rights  of  the  citizens  of 
Louisiana  are  deeply  concerned,  will  be  taken  up  by  the  commit- 
tee and  reported  upon  at  an  early  day.  I  know  it  is  a  question 
which  may  be  considered  in  some  degree  local,  but  if  the  commit- 
tee will  do  us  the  lavor  to  report  a  bill,  which  is  very  simple, 
merely  embodying  the  provisions  of  the  act  of  1824.  it  will  give 
us  an  opportuniiy  of  showing  that  it  is  highly  improper  that  the 
change  should  be  made  in  the  jurisprudence  of  Louisiana  which 
has  been  attempted.  I  therefore  move  that  the  memorial,  with 
the  accompanying  report  of  the  members  of  the  bar,  and  the  reso- 
lutions of  the  Legislature,  be  printed  andrcfeired  to  the  Judiciary 
Committee. 

The  motion  was  agreed  to. 

On  motion  by  Mr.  HALE,  it  was 

Ordered,  That  Mary  Furbor  have  leave  to  withdraw  her  petition 
and  papers. 

CHEROKEE    CLAIMS. 

Mr.  ATCHISON  submitted  the  following  resolution,  which 
was  considered  by  unanimous  consent,  and  agreed  to: 

Resotvtd.  Tlial  a  select  commil'ee  of  three  be  appointed  bv  ttie  Presidir;:  Officer 
or  ihe  Senate  to  examine  inio  and  re]mrt  upon  the  tneniorial  of  certain  Clierokee 
ctainian's  presented  to  llie  Senate.  ooniplainiTijjapainst  Ihe  course  of  the  Comniissroiier 
of  Indian  Affairs,  1.5  also  the  diflerent  Iroards  of  conimi.^iions  appointed  under  the 
Cherokee  treaty  of  1835  and  1836;  and  that  ^aid  committee  h.ive  power  and  tliey  aro 
hereby  directed  lo  ^end  for  recor^is  and  papers,  an  I  to  compel  the  attendance  of  wit- 
nesses, and  to  report  lo  tlie  Senate  surli  eviticrce  as  mry  be  furnished  by  the  records 
and  papers  or  be  /jiven  by  lire  witnesses  'oucliing  the  matters  of  coniptaint  contained 
in  inisceliaiKOLis  House  docnment  No.  8  o  the  present  £ess  on,  aud  thatsaii  commit- 
tee report  what  mea>uie  of  relict,  it  an\ ,  the  claimant^  are  clI  lied  to. 

Mr  Atchison,  Mr.  Johnson,  of  Maryland,  and  Mr.  Houston, 
were  appointed  said  committee. 

committee    DISCHARGED. 

On  motion  by  Mr.  YULEE,  it  was 

Ordered.  That  the  Committee  on  Naval  Affairs  be  discharged 
from  the  further  consideration  of  the  memorial  of  the  surviving  of- 
ficers and  crew  ol  Ihe  United  States'  brig  Soniers;  from  the  fur- 
ther consideration  of  the  memorial  of  Ebcnezer  Whiitcn;  from  the 
further  consideration  of  the  memorial  of  William  Davis;  from  the 
further  consideration  of  the  memorial  of  the  officeis  and  ciew  of 
the  United  States'  ship  Warren;  and  from  the  further  consideration 
of   tho  memorial  of  the  United  States'  steam  frigate  Missouri. 

AFFAIRS    IN    YUCATAN. 

Mr.  FOOTE  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to; 

Uesolved.  Tliat  the  President  of  Ilie  United  Stales  tte  requested  to  senil  lothe  Sen- 
ate, (if  in  Ills  judgment  not  inconsistent  will,  the  public  interest,)  a  copy  of  any  com- 
miiiiicatioii  from  Commodore  Perry,  or  from  any  otlicr  authentic  source,  containing 
additional  information  connected  with  the  existing  condition  of  atfairs  in  Yucatan. 

CLOSE    OF  THE   SESSION. 

Mr.  ATCHISON,  by  unanimous  consent,  asked  and  obtained 
leave  to  bring  in  the  following  joint  resolution,  which  was  read  and 
passed  to  the  second  reading  : 

Rrsolvcd.  Th.1t  the  present  sL'ssion  of  Congress  be  closed  by  the  President  of  the 
Senate  and  the  Speaker  of  the  House  of  Representatives  by  adjourning  their  respec- 
tive Houses  at  ]2  o'clock  meridian,  on  the  first  Monday  of  July  next,  and  that  the 
next  session  of  Congress  lie  held  the  first  .Monday  of  October  ucxt. 

MESSAGE  FROM  THE  HOUSE. 

The  fiUowing  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President  :  The  House  of  ftepresentatives  have  passed  the  bill  of  tlie  Senalt 
concerning  Spanish  steam  vessels. 

The  Speaker  of  the  House  of  Representatives  having  signed  an  enrolled  bill,  I  am 
directed  10  bring  it  to  the  Senate  for  ihe  signature  of  tli^'ir  President. 

SIGNING    OF    A    BILL. 

The  VICE  PRESIDENT  signed  the  enrolled  bill  to  provide  for 
the  purchase  of  the  manuscript  papers  of  the  late  Jaiues  MadisoD; 
former  President  of  the  United  States. 


664 


INDIAN  APPROPRIATION  BILL. 


[Tuesday, 


INDIAJr  APPROPRIATION   BILL. 


On  motion  by  Mr.  ATHERTON,  the  prior  orders  -n-ere  post- 
poned, and  the  Senate  resumed  theconsideratirn,  as  in  Committee 
of  the  Whole,  of  the  bill  from  the  House  of  Representatives  raa- 
kinj  appropriation  for  the  current  and  contingent  expenses  of  the 
Indian  Depariraent,  and  for  fulfijlins  treaty  siipulaiinns  with  liie 
various  Indian  tribes  for  the  year  endin<^  on  the  30th  June,  1849. 

Mr.  ATCHISON,  by  direction  of  the  Coraraittee  on  Indian  Af- 
fairs, submitted  the  following  amendment  : 

For  compensation  lo  Richard  M.  Johnson,  of  Kcnlncky.  for  expensfs  incurrctl  by 
him  in  eiecliiig  anri  fnrnishiiig  buildings  at  llie  Clioclaw  academy  in  the  Slale  ol  Ken  • 
tucky  for  Ihc  education  of  Inilian  hoys  of  sundry  Inhes,  ten  thousand  dollars,  which 
builriiDgs,  bv  reason  of  the  removal  of  said  school,  arc  now  rendered  of  no  value. 

The  PRESIDING  OFFICER.— In  what  part  of  the  bill  does 
the  Senator  propose  to  insert  his  amendment  1 

Mr.  ATCHISON.— The  amendment  wdl  be  appropriate  in  any 
part  of  the  bill  ;  but,  perhaps  it  may  be  as  well  that  it  should  be 
introduced  in'o  the  latter  part  of  it. 

Mr.  ATHERTON.— The  Senator  from  Missouri  seems  to  sup. 
pose  that  his  amendment  is  not  only  appropriate   to   this  bill,  but 
that  it  bclonss  equally  lo  any  part  of  the  bill.     I   afrree  with  the 
Kenatoi-.     It  oeriainly  belnngs  to  one   part  as  much  as  it  does  to 
another,    for  it  seems  to  me  that  it  belongs  no  where  in  the  bill. 
I  do  not  intend  at  present  to  go  into  the  merits  of  this  claim  ;  for. 
if  I  understand  the   amendment,  it  is  nothinij  else  than  a  private 
claim,  and  ought  to  stand  upon   the  tame  ground  as  other  claims 
that  are  presented  to  Congress.     The  amendment  proposes  to  pay 
the  very  large  sum  of  ten  thousand  dollars  to  Colonel  Richard  M. 
Johnson  for  buildings  that  liave  been  occupied  as  a  Choctaw  acad- 
emy, in  consequence  of  the  removal  of  that  academy.     I   can  see 
no  reason  why  any  other  claim  that  is  belnre  Congress  should  not 
just  as  well  be  appended  to  an  appropriation  bill  as  this  claim.  II 
the  claim  be  meriioriiius,  it  can  be  acted  on  by  the   Committee  of 
Claims,  or  by  the  Committee  on  Indian  AfTairs,  if  its  consideration 
is   thoiiL'hi    to  helonn  more  appropriately  to  ihat  committee,  and 
they  can  report    a    bill    for  iis  payment.     There   is  a   rule  in  the 
House  of  Representatives  which   forbids  a  grant  of  money  being 
ini-hided  in  an   appropriation   bill,    or  appended  as  an  amendment 
thereto,   or  an   item   of  appropriation   being   increased,  except  in 
pursuance  of  the  authority  of  a   law   already  passed.     Now.  here 
is  a  oeneral  appropriation  bill  for  fulfilling  stipulations  wiih  Indian 
tribes,  and  what  justice,  I   ask,  is  there   in   appending  to  this  bill 
t'liis  private  claim  of  Colonel  Richard    M.   Johnson,  leaving  cut  of 
the  que."tion  altogether  the  merits  of  the  claim?     It  seems  lo  me 
that  It  is  important  that   we  should  attend  to  the  principle  which 
has  been  observed  almost  uniformly  here,  of  keeping  appropriaiion 
bills  as  far  as  possible  free  from   those   amendments   which  intro- 
duce new  subjects — subjects   which   may   not  have  undergone  the 
scrutiny  of  a  commitiee,  or  which  do  not  come  here  on  iherecom- 
mcndaiion  of  any   of  the   deparimcnis  ;  because,  if  such  a  course 
is  pursued,  it  tends   to   render  the  appropriation  bills  noihing  hut 
omnibusses  to  carry   through    improper  grants   of  money,  and  to 
accomplish  all  sorts  of  schemes  of  corruption.     I  do  not  contend 
that  provisions  may  not  be  inserted,  and  very  pi'operly  inserted,  in 
appropriation  bills  to  limit    and    guard  the  appropriations  made  in 
p  rsiiance  of  existing  laws  ;  and    I    even  admit  that  those  guards 
may  "o  so  far  as  to  repeal   or  modify,   in  some  measure,  existing 
laws  ;  but  it  is  very  important  that  we    should  ttdliere  to  the  prin- 
ciple of  not  increasing  the  appropriation,  and  notinirodueing  new 
sources  of  expenditure,  or  cxpnditurcs  not  autiu.rizcd  by  laws  al- 
ready exist  inii.     I  therelore  hope  that  this  statement  of  the  objec- 
tions ihat  exist  to   including   this   grant    in    this  ajipropriaiion  hill 
will  be  sufficient  ;  for  the   .Senate  must   perceive,   ihat  unless  the 
principle  to  which  I  have  referred  be  adhered  to.  the  appropriation 
bills    might    be    loaded    wiih  every  bill  on  the  Secretary's  table — 
every  claim,  every  bill,  no  matter  fi5r  what  object,  might  bo  intro- 
duced as  an  addilion  to  the  appropriation  bills,  and  they  would  at 
last  absorb  the  whole  business  of  the  Senate. 

Mr.  ATCHISON. — T  think,  sir,  that  the  Senator  may  be  very 
readily  answered  in  regard  to  the  nlijeetions  he  has  made,  upon  this 
ground,  that  this  matter  has  undcri^one  the  exnminaiion  of  a  com- 
mittee of  this  body — the  Commiltee  on  Indian  Aflairs,  to  whicli  a 
memorial  of  Col.  Jdhnson  was  referred  early  in  the  session.  We 
have  examined  it  carefully,  and  we  believe  ihe  claim  lo  be  a  just 
one  ;  and  the  committee  Instructed  nie,  when  this  appropriaiion 
bill  came  up,  to  ofTt-r  the  amendment  which  I  have  now  ofTcred,  be- 
lieving it  to  belong  appropriately  to  ihisbill,  it  beincf  a  matter  in- 
timaiely  connected  with,  and  growing  out  of  the  ailminislraiion  of 
Indian  affairs  in  lliis  country.  I  concur  with  the  lioncrable  chair- 
man of  the  Commiltee  on  Finance,  thai  it  would  lie  highly  impol. 
itio  and  a  violalion  of  the  rule  to  which  he  has  referred,  lo  altach 
this  item  to  the  appropriation  fill,  if  the  maticr  had  noi  underirone 
the  examination  of  a  committee.  The  gentleman  makes  no  objec- 
tion. I  believe,  to  the  justice  fif  ihe  claim,  hut  nbjecis  to  its  iiuro- 
duelion  here  merely  on  the  grounil  of  irregularity.  But  I  think  it 
can  be  made  manifest  by  the  former  aclion  oi  the  Senale  that  there 
is  no  impropriety  in  treating  this  matter  in  the  way  I  propose. — 
All  that  Col.  Johnson  asks  is  compensation  for  his  buililiiigs.  which 
are  now  entirely  useless  to  him,  the  Indian  academy  having  been 
broken  up  ;  and  ihe  compensation  proposed  lo  he  given  him  is  put 
at  the  very  lowest  valualion  of  the  property.  If  there  should  be 
any  difficullv  or  doubt  about  the  justice  of  the  claim,  I  will  ask 
that  the  report  be  read. 


Mr.  ATHERTON. — My  honorable  friend  from  Missouri  does 
not  state  the  objection  I  made  to  the  full  extent.  My  objection 
was  not  solely  ihat  the  subject  had  not  been  examined  by  a  com- 
mitiee. Are  there  not  various  other  claims  here  which  have  been 
examined  by  a  commitiee,  and  which  are  just  as  meritorious  as 
this?  Whv  should  ihey  not  be  appended  to  an  appropriation  bill  ? 
The  ])rinciple  winch  I  consider  objectionable,  is  the  attaching  to 
appropriation  bills  subjects  that  are  foreign  to  the  bills  themselves, 
creating  a  kind  of  necessity  that  they  shall  be  adopted,  or  else 
that  the  appropriation  bills  must  be  lost.  One  of  the  objections  to 
the  introduction  of  this  amendment  is,  that  it  exposes  us  to  a  con- 
flict between  the  two  houses.  Suppose  we  should  be  satisfied  of 
the  justice  of  the  claim,  and  the  other  house  not  satisfied,  then  a 
quesiion  comes  up  upon  a  collateral  matter  which  endangers  the 
passage  of  an  appropriaiion  bill  that  is  necessary  for  carrying  on 
the  operations  of  the  government.  In  regard  to  the  merit  of  ihis 
claim,  1  believe  that  Col.  Johnson  has  been  fully  paid  and  more 
than  paid  in  rent  for  the  use  of  his  buildings.  He  has  been  paid 
over  and  over  again.  I  would  like  to  know  what  evidence  there 
is  belore  the  Committee  on  Indian  Affairs  to  sustain  this  claim  of 
ten  thousand  dollars  1  would  like  to  hear  the  report  read  if  are- 
port  has  been  made. 

Mr.  ATCHISON. — The  objection  comes  very  strangely,  I  think, 
from  the  chairman  ol  the  Commiltee  on  Finance  on  the  ground  of 
an  increase  of  appropria'ion,  that  gentleman  having  himself  in- 
serted in  the  bill  an  increased  appropriation  for  Indian  agents. 

Mr.  ATHERTON. — The  Senator  will  find  there  is  no  increased 
expenditure  authorized  by  the  bill. 

Mr.  ATCHISON.— The  second  section  of  the  bill  provides  that, 

r*  "Thai  from  and  afler  Ihe  thirtieth  of  Jnne,  eighteen  hundred  and  forlv-eijh',  no 
moneys  which  have  been,  or  may  be,  appropriated  for  fie  purposes  of  edneation 
amons  the  Ind'an  tribes,  shall  be  expended  for  any  such  object  elsewhere  than  in  th» 
ludirin  country," 

By  the  operation  of  this  section  the  Choctaw  academy  is  dis- 
coiiiinued.  Then  here  is  another  section  tha'  cannot,  according  to 
the  doctiine  of  the  honorable  Senator  himself,  properly  he  insert- 
ed in  an  appropriation  hill,  and  I  had  intended  at  the  proper  time 
to  move  that  it  be  stricken  out  : 

•Thar,  for  the  In'ians  east  of  Ihe  Rocky  moonlains.  there  shall  be  two  soperinlend 
ell  1  .r  Indian  iiH'.iirs.  with  a  compensation  each  of  one  ihonsand  six  hundred  dolbn 
pe.  .11  num,  &c." 

Now,  if  this  be  proper  to  be  inserted  in  an  appropriation  bill  of 
this  doscr'p;ion.  I  cannot  see  why  a  just  claim,  growing  out  of  our 
relations  with  the  Indians  heretofore,  would  not  bo  still  more  ap- 
propriate. But  the  L'entleman  calls  for  the  reading  of  ihe  report  ; 
I  will  send  it  to  the'  Secretary.  The  report  is  fully  sustained  by 
the  evidence,  which  can  also  be  read  if  the  gentleman  desires  it. 

The  report  was  read  by  the  Secretary. 

Mr.  ATHERTON.— In  reply  to  the  suggestion  of  my  honora- 
ble friend  Irom  Missouri  in  regard  to  a  portion  of  ibis  bill  not  pro- 
perly belonging  loan  appropriatign  bill,  I  mean  that  portion  which 
relates  to  the  discontinuance  of  the  academy,  I  suppose  his  objec- 
tion is,  that  it  alters  an  existing  law.  But  1  do  not  know  that 
there  is  any  law  which  establishes  a  Choctaw  academy. 

Mr.  ATCHISON.— The  honorable  Senator  mistakes  my  mean- 
ing. What  I  say  is.  ihat  the  arcuraent  comes  strangely  from  a 
member  (if  ilic  C.  mmitiee  on  Finance,  against  this  ainendment, 
wiih.ii  t  moviic  to  strike  out  those  two  clauses  to  which  1  have 
referred  as  inappropriate  to  this  bill. 

Mr.  ATHERTON.— 1  believe  1  stated,  -when  I  addressed  the 
Senate  before,  that  I  could  conceive  of  no  possible  objection  to  the 
insertion  of  nnythina  that  was  calculated  to  limit,  or  guard  the 
appropriations  cnniained  in  ihe  bill.  In  fact,  when  I  was  a  mem- 
ber ol  Ihe  other  Hou.se,  I  took  an  appeal  frcm  a  decision  made 
upon  this  very  matter,  upon  the  trround  that  you  could  not.  m  an 
appropriation  bill,  alter  an  existing  law.  The  House  decieed 
that  an  appropriation  authorized  by  an  existing  law  might  be  lim- 
ited nnd  guarded  by  a  provision  inserted  in  an  appropriation  bill, 
although  it  miiiht  im)iair  the  force,  or  even  repeal  the  provisions 
of  the  exisline  law.  In  regard  lo  the  increase  of  salary  of  the 
Indian  aueiiis,  10  which  the  Senator  has  referred,  I  will  remark 
that  thc'bill  provides  for  limiting  the  salary  of  the  sub-agents, 
while  II  sliahtly  increases  the  salary  of  the  agent,  and  it  also 
limits  the  number  of  agents  and  sub-agents,  the  usual  number 
having  been  rendered  tinnecessary  by  the  removal  of  various  In- 
dian tribes.  The  aaiiregate  expenditure,  then,  for  Indian  agen- 
cies, is  *ery  materially  reduced.  I  have  given  the  sub  oct  a  very 
thorough  examination,  and  that  examination  has  extended  through 
■several  years.  There  was  a  hill  which  passed  the  House  of  Rep- 
rcsentalivcs  some  years  ago,  containing  the  very  provisions  which 
are  embodied  in  this  bill,  to  limit  the  expenses  of  our  Indian  agen- 
cies. And  I  have  a  letter  from  the  Commissioner  of  Indian  Af- 
fairs, which  shows  the  propriety  of  limiting  and  providing  for  those 
expenses,  as  is  done  in  the  clause  which  the  Senator  from  Mis- 
souri objects  to,  and  which  also  shows,  that  by  such  a  jirovision 
a  saving  may  be  maric  in  the  expenses  of  Indian  a^'cdcics  and  sub- 
agencies  of  about  ten  ihousanil  dollars  a  year.  Those  expenditures 
will  be  diminished  by  this  clause  to  that' extent  annually.  There- 
fore, I  ihink  that  the  clause  comes  within  the  principle  which  I 
staled  as  applicable  to  apporpriation  bills.  But,  sir,  this  academy 
was  never  established  by  law.  The  treaty  of  Dancing  Rabbit 
Creek;  which  provides  the  fund  upon  which  this  school  was  l.rst 
started,  provides  also  that  the  money  shall  be  expended  within  the 


May  30.] 


INDIAN  APPROPRIATION  BILL. 


665 


Indian  conntry.  But  some  diflTiculty  grew  up  between  the  Indians, 
or  some  of  their  chiefs  and  the  missionariei,  and  there  was  a  re- 
quest made  through  Mr.  Ward,  who  I  believe  was  a  relative  ot 
Col.  Richard  M.  Johnson,  that  there  should  be  a  school  estab- 
lished without  the  limits  of  the  Indian  country  ;  and  an  arrange- 
ment was  made  by  which  Col.  Johnson  was  to  take  a  certain 
number  of  Chnctaw  youth.s — twenty  tive  I  behove  was  the  origi- 
nal number — and  provide  instructors  for  them,  each  of  these  youths 
paying  him,  I  believe,  a  hundred  and  twenty  dollars  a  year  for 
board"and  tuition,  and  eighty  dollars  in  addition  for  medical  at- 
tendance, clothins,  &c-  i'or  this  first  number  of  twenty-five  schol- 
ars, there  was  allowed  $120  00  for  rent.  There  were  afterwards 
other  Indian  youths  added  to  the  school,  and  each  one  of  all  those 
that  were  added,  was  charged  ten  dollars  a  year  for  the  rent  of  the 
buildings.  I  find,  on  referring  to  a  letter  in  document  12!)  of  the 
26th  Congress.  2d  session,  which  contains  a  great  deal  of  infornia- 
tion  on  the  subject,  that  one  reason  why  Col.  Johnson  was  willing 
to  take  these  youths  was,  as  he  states,  that  he  had  buildings  ready 
for  the  purpose — that  he  had  a  bouse  suitable  for  their  accommo- 
dation, and  another  house  for  the  accommodation  of  the  teachers  and 
their  assistants,  and  of  the  superintendents.  There  arc  many  letters 
from  Col.  Johnson,  in  which  he  expresses  his  sense  of  the  benefit  that 
would  be  conferred  upon  him  liy  having  the  charge  of  these  youths. 
But  this  was  not  the  whole  amount  that  was  allowed  for  the  edu- 
cation of  these  twenty-five  Indian  youths.  There  was  a  sum  al- 
lowed as  a  salary  for  the  superintendent;  there  was  a  sum  allowe<l 
for  the  teachers,  and  there  was  a  sum  allowed  as  an  iiifit  and  out- 
fit of  clothing  for  each  scholar;  a  sum  also  for  the  conduolnr  lor 
taking  the  scholars  there,  making  the  whole  expense  for  each 
scholar,  not  less,  I  believe,  than  250  or  300  dollars.  In  a  short 
time  other  tribes  began  to  send  their  sons  to  this  school.  There 
are  some  letters  among  the  documents,  containing  importunities 
addressed  to  Indian  agents  to  intercede  with  their  respective  tribes 
to  send  their  children  to  this  school;  and  no  eflbrts  seem  to  have 
been  spared  to  obtain  a  large  number  of  scholars.  I  cannot  find  in 
this  dociunent,  and  it  contains  all  the  letters  at  that  time  in  the  War 
Department,  that  Col.  Johnson,  after  the  starting  of  this  school, 
ever  expended  any  additional  sum  in  the  erection  of  buildings,  ex- 
cept on  one  occasion,  and  then  it  appears  he  expended  a  thousand 
dollars.  Well,  for  every  additional  scholar  he  was  paid  $200  for 
board,  tuition,  medical  attendance,  kc,  besides  the  allowance  for 
infit  and  outfit,  and  the  expense  of  the  conductor;  and  there  was 
also  paid  ten  dollars  each  for  assistant  instructors  and  also  ten 
dollars  for  each  scholar,  as  appears  by  this  document,  for  rent. 
I  may  as  well  here  read  what  Col.  Johnson  says  in  a  letter  writ- 
ten in  September  1825,  about  the  buildings  : 

■■Aft  I  am  beller  ^iluated  to  I:iki^  llicm  Ukiii  arty  Otlier  pelson  in  the  roiintry.  ihi-y 
have  consi-neil  tliem  to  ine  to  IwanI  and  dollie,  Kc  I  liavo  a  home  with  tliree 
rooms,  twenty  by  thirty  feet,  wliicli  I  shall  appropriale  exclusively  lor  their  accomnio 
'lation.  I  have  anollier  house  willi  (bur  rooms,  twenty  feet  square,  which  will  tie  tor 
the  teacher  to  live  in,  anil  one  room  for  the  school." 


It  appears  there  has  been  paid  Ibr  the  lirsl  25  boys 

For  salary  of  snperintendeni         -        -        - 

For  rent  of  building's  -        - 

For  all  other  boys     - 

Towards  teachers      -  -        - 

For  rent  of  buildings  -        -         - 

Increase  of  superintendent's  salary       [- 

Addition  paid  by  Creeks  for  teachers     • 

There  has  also  been  paid  for  entertaining  inspectors 

For  postage  annually  -        -         .        -        - 

For  the  use  of  the  spring  per  annum 


*-,'00  0()  each. 
')0U  00 

Pill  on  per  nullum. 
■JOO  on  each. 

10  on    " 
10  00   •■ 

:i(IOOO  |>r<r  annum. 
■200  00  per  aniiuin. 
1.050  00 
50  00 
1  00  for  eacli  scliolai. 


'     (A  laugh.) 

I   may  as  well  ob- 

Crawford   in  1840. 

an  agreement    with    Colonel 

be  discontinued   in    two  years 


A  Sen.\tor. — One  dollar  for  each  swallow 

Mr.   ATHERTON.— For   each   scholar. 
servo  here,  that  in  a  communication  from  Mr. 
I  find  that  he   says  he   had   made 
Johnson,  that    this    school    should 

from  that  time,  and  in  the  meantime  he  desired  that  as  many 
youths  should  be  sent  to  the  school  as  possible  in  prospect  of  its 
discontinuance.  So  that  1  apprehend  the  discontinuance  of  the 
-chool  at  this  time,  cannot  operate  a  very  great  inconvenience 
upon  Colonel  Johnson.  And  I  believe  it  is  a  well  settled  opin- 
ion  with  those  who  are  familiar  with  Indian  aflairs  that  schools 
should  be  established  in  their  own  country,  and  that  the  boys  should 
not  be  sent  to  distant  places  to  receive  their  edtieation.  But  in 
order  to  tiscertain  how  much  has  been  expended  for  the  additional 
scholars,  it  becomes  necessary  to  refer  to  the  number  of  scholars. 
I  find  that  in  1826,  there  were  in  the  whole  sixty  scholars  ;  in 
1827,  ninety-six  scholars  ;  in  1832,  one  hundred  and  fourteen 
scholars  ;  in'  1835,  one  hundred  and  seventy-four  scholars  ;  in  1838, 
one  hundred  and  thirty-four  scholars;  in  1841,  one  hundred  and 
eighteen  scholars,  and  so  on.  It  will  thus  appear  that  there  must 
have  been  paid  in  the  whole  for  rent  since  1826  over  twenty  thou- 
sand dollars — or  nearly  at  the  rate  of  one  thousand  dollars  per  year. 

A  SeN-^vtor. — How  much  for  the  spring  > 

Mr.  ATHERTON.— I  have  not  calculated  that.  It  does  not 
appear  that  there  was  ever  a  contract  made  between  the  govern- 
ment and  Colonel  Johnson,  that  in  case  he  kept  up  this  school, 
which  he  was  very  anxious  to  do,  payment  should  be  made  for  the 
buildings  when  the  school  was  discontinued.  And  there  was  no 
understanding  that  the  school  should  always  be  continued;  on  the 
contrary,  as  long  ago  as  1840,  there  was  an  understanding  that  it 
■^hould  bo  discontinued  in  two  years  from  that  time.  I  believe  it 
has  been  wisely  discontinued  Ibr  the  benefit  of  the  Indians,  and  I 
believe,  taking  all  thmgs  into  consideration,  there  is  doubt  enough 
thrown  upon  this  claim  to  show  that  it  ought  not  to  be  included  in 

JOth  Cong. — 1st  Session — No.  84. 


this  appropriation  bill,  and  that  it  ought  to  undergo  another  exam- 
ination before  it  receives  the  sanction  of  the  Senate. 

Mr.  BELL — I  agreed  to  the  report  in  this  case  in  committee, 
but  I  confess  I  was  not  aware  of  the  array  of  facts  that  have  been 
adduced  by  the  Senator  from  New  Hampshire,  or  I  should  have 
felt  it  my  duty,  as  a  member  of  the  committee,  to  have  examined 
more  minutely  into  the  grounds  of  objection  against  the  claim 
when  the  case  was  presented  to  the  committee.  Although  it  was 
an  application  that  was  not  founded  upon  any  legal  obligation,  and 
had  not  the  authority  of  any  existing  law  to  support  it,  yet  it  was 
presented  to  us  strongly,  whether  this  allowance  ought  not  to  be 
made  under  existing  circumstances.  Perhaps  we  were  influenced 
in  some  degree  by  the  eharaetcr  of  Colonel  Johnson — bv  the  sta- 
tion he  filled  under  this  government — by  our  knowledge  of  his 
warm  and  generous  disposition,  in  consequence  of  which  he  failed 
to  profit,  as  he  might  have  done,  from  whatever  sums  of  money  he 
may  have  received  for  his  public  services  ;  perhaps,  I  say,  wc 
might  have  been  influenced  in  some  degree  in  pressing  the  matter 
at  this  time,  as  an  amendment  to  this  appropriation  bill  by  these 
considerations  ;  for  I  admit  the  practice  of  the  other  house  has 
been — anditought  also  tobeadoptedas  the  prnotice  of  this  body — to 
|irevent  passing  through  Congress  claims  which  have  not  undei  gone 
proper  investigation.  But  it  did  seem  to  the  coiumittee  that  this 
was  an  appropriate  season  for  making  this  appropriation,  on  the 
grounil  that  this  was  the  first  year  in  which  ihc  annual  allowance 
that  has  been  made  to  Colonel  Johnson  for  the  maintenance  of  this 
school  has  been  suspended,  and  I,  for  one.  supposed  that  he  wr.« 
not  prepared  to  anticipate  that  he  was  about  to  be  deprived  of  his 
school.  I  shoidd  like  to  know  now  from  the  honorable  Senator 
from  New  Hampshire,  whether  he  has  any  certain  information 
that  Colonel  Johnson  entered  into  an  agreement  in  1840,  that  the 
school  should  be  suspended? 

Mr.  ATHERTON.— I  have  a  letter  in  my  hand  from  T.   Hart- 
ley Crawford,  dated  April  9th,  1840,  in  which  he  says— 

"I  tia\e  Colonel  .folinsou's  agreement  that  this  >chool  shall  terminate  at  the  eud  ol 
two  years  tVoni  last  .lanuary." 

Mr.  BELL. — Well,  I  should  like  to  know  how  it  has  happened 
that  the  school  has  continued  up  to  this  date  ?  But  I  can  easily 
imagine,  that  a  proposition  for  a  discontinuance  of  the  school  might 
have  been  made  at  that  time,  and  yet,  that  Colonel  Johnson  might 
have  been  encouraged  by  the  competent  authorities  of  the  govern- 
ment to  continue  the  school  ;  and  that  it  has  been  his  business, 
his  means  of  subsistence,  that  the  superintendence  of  the  education 
of  these  Indian  youths  may  have  been  his  only  reliance  for  subsis- 
tence since  that  tiine.  It  was  upon  this  ground  that  the  commit- 
tee thought  that  this  appropriation  would  recommend  itself  to  the 
special  favor  of  the  Senate  and  the  House,  in  consideration  of  the 
peculiar  circumstances  of  the  case.  But  I  confess,  I  should  not 
bo  disposed  to  press  its  incorporation  in  this  appropriation  bill,  had 
I  not  supposed — and  I  believe  the  committee  entertained  the  same 
supposition — that  Col.  Johnson  had  not  been  warned  until  a  very 
recent  period  at  least,  that  the  appropriation  for  the  maintenance  of 
the  Indian  academy  would  be  cut  ofT.  I  do  not  think  there  is  very 
great  weight  to  be  attached  to  some  of  the  arguments  of  the  hon- 
urable  Senator  from  New  Hampshire,  against  admitting  this  ap- 
propriation now.  It  is  but  a  proper  indemnity  and  compensation 
ibr  the  sudden  discontinuance  of  the  school;  and  if  it  should  cause 
any  dissention — dissension  it  cannot  cause — but  if  there  should  be 
any  reason  existing,  after  this  body  shall  have  voted  the  appropri- 
tion,  why,  the  House  should  disagree  to  it,  I  presume  it  is  a  matter 
that  the  Senate  will  not  insist  upon.  It  can  cause  no  dissention  tlterr- 
fore.  The  question  it  seems  to  me  is  :  i.s  this  a  claim  that  is 
proper  to  be  allowed,  come  before  the  Senate  at  whatsoever  time 
it  may,  and  if  it  be  a  proper  claim,  is  it  fit  and  proper  under  the 
peculiar  circumstances  of  the  case,  that  the  allowance  should  br 
m.ade  to  Col.  Johnson  now,  at  the  time  when  you  stop  the  annual 
appropriation  for  his  school?  Does  the  claim  address  itself  snfli- 
cicntly  strong  to  the  sense  of  justice,  or  the  sympathies  of  this 
body,  to  induce  them  to  grant  an  allowance  at  once  ?  If  so,  it 
may  be  done  very  properly,  I  think,  in  this  bill;  for  it  is  not  likely 
that  it  would  be  granted  (luring  this  session  by  a  separate  bill. 

Now  in  regard  to  these  extraordinary  sums  of  money,  which 
appear  to  have  been  voted  heretofore  in  support  of  this  school,  I 
would  like  to  know  from  the  honorable  Senator  from  New  Hamp- 
shire, in  what  manner  he  has  made  his  calculations  of  the  aggre- 
gate amount  of  rent,  which  he  says  has  been  allowed  to  Colonel 
Johnson  ?  Whether  it  is  an  inference  of  his  own  from  an  allow- 
ance in  some  one  year,  or  whether  he  knows  from  the  statement 
before  him,  that  it  is  not  based  upon  such  an  inference  on  the  part 
of  the  department  ? 

Mr.  ATHERTON . — I  have  the  statement  of  the  Commissioner 
of  Indian  Affairs. 

Mr.  BELL. — I  know.     But  it  seemed  to  me  from  the  reading, 

that  the  statement  of  the  aggregate  was  but  an  inference. 


Mr.  ATCHISON.— I  have  a  document  from  a  very  respectable 
gentleman — the  superintendent  of  the  CHoetaw  academy — which 
may  throw  some  light  upon  the  subject.  I  will  ask  the  Secretary 
to  read  it. 

[It  was  read  by  the  Secretary.] 

Mr.  BELL.— I  was  proceeding  to  remark  that  I  did  not  think 
the  Commissioner  of  Indian  Affairs  meant  to  state  what  was  not 
true  ;  nevertheless,  from  the  reading  of  the  statement  it  seemed  to 


666 


liiDIAN  APPROPRIATION  BILL, 


[Tuesday, 


me  that  tlie  estimate  of  the  aggregate  receipts  was  founded  upon 
an  estimate  of  someone  or  two  years  only,  and  T  still  think  there 
is  some  mistake  ;  but  if  the  Senator  from  New  Hampshire  hns  ex- 
amine 1  for  himself  I  shall  not  debate  it  any  further.  But  in  refer- 
ence to  the  rent  charged  upon  the  pupils  of  the  academv,  it  may 
be  reasonably  supposed  that  it  was  not  more  than  sufficient  to  re- 
pair dihpidalinns.  And  neither  Col.  Johnson  nor  any  body  else 
could  have  supposed  that  when  the  .school  was  disfontiiuied  by  or- 
de'  of  t!ie  government,  under  ivhose  sanction  the  buildings  were 
either  originally  constructed  or  kept  in  repair,  for  the  j)nrposc  of 
accoinmot'riiing  the  school,  the  property  was  to  fall  upon  his  hands 
as  a  dead  loss.  Even  though  it  be  true  that  he  received  an  annu- 
al rent,  it  does  not  give  him  an  equivalent  if  the  school  is  not  con- 
tinued'. And  in  regard  to  arguments  founded  upon  the  letter  writ- 
ten by  Col.  Johnson  in  1825,  that  ho  had  buildings  already  erect- 
ed calcubi'ed  for  the  aecommodati'  n  of  the  school,  we  find  within 
three  or  four  years  afterwards  that,  instead  of  having  twenty-five 
pupils,  as  originally  contemplated,  he  had  sixty  Choctaw  youths, 
and  this  additional  number  of  course  required  additional  buildings. 
But  at  a  still  later  period  we  find  the  number  rising  up  to  a  hun- 
dred and  seventy-five.  Did  not  this  require  additional  outlay  ? — 
There  were  inspectors  of  the  school  as  well  as  superintendents, 
and  it  is  a  fair  inference  to  suppose  that  the  accommodations  pro- 
vided for  these  Indian  youths  wcic  such  as  those  inspectors  approv- 
ed. I  infer  that  they  were  substantial  and  comfortable  buildings, 
and  when  he  provided  accommodation  for  one  hundred  and  seven- 
ty-five scholars  I  infer  that  his  expenditure  must  have  been  at  least 
as  considerable  as  the  committee  nssumed.  And  in  regard  to  the 
large  sum  of  money  which,  is  said  to  have  been  received  by  way  of 
rent,  it  must  be  remembered  thai  the  accounts  run  throuffh  a  Ions 
series  of  years.  Take  any  of  the  emplivees  of  government,  and 
calculate  the  amount  received  by  them  for  a  series  of  years,  and 
you  will  h;ive  an  imposins  sum — fifiy,  a  hundred,  or  two  hundred 
thousand  dollars,  according  to  the  magniuide  of  the  business. — 
What  sort  of  argument  would  that  be  against  a  claim  for  losses 
addressed  to  the  equity  and  justice  of  the  government  at  the  clos- 
in<r  up  of  the  individual's  connection  with  the  government  when 
suddenly  dismissed  from  einplovment  ?  And  that  is  Col.  Johnson's 
case,  ilc  has  been  dismissed  from  his  employment.  I  perceive  a 
very  invidious  item  enumerated  among  the  charges,  viz  :  a  charge 
for  the  use  of  a  spring.  This,  I  presume,  was  for  some  specific 
occasion.     For  what  period  of  time  was  this  charge  made? 

Mr.  ATHERTON.— The  account  states  $1  00  each  for  the  use 
of  ihe  spring  per  annum.  It  would  appear  to  be  an  annual  allow- 
ance. 

Mr.  BELL. — I  should  distrust  very  much  the  correctness  of 
such  a  statement.  I  will  venture  to  say  that  the  charge  w^as  made 
under  very  peculiar  circumstances,  if  it  were  in  reality  ever  made 
at  all.  I  should  like  to  see  some  satisfactory  explanation  of  that 
item.  I  have  thought  it  proper  to  make  these  remarks,  although 
T  did  not  anticipate  the  necessity  for  saying  a  word  in  regard  to 
this  subject.  I  do  not  know  but  I  have  given  the  subject  as  at- 
tentive consideration  as  any  member  of  the  committee,  although  it 
was  not  expressly  within  ray  charge.  I  was  aware,  from  mv 
knowledge  of  Indian  atTiirs  o-enerally,  that  considerable  sums  of 
money  had  been  approjiriated  for  the  maintenance  of  this  Choctaw 
academy.  AVhat  the  amount  was  I  did  not  knew,  but  I  took  it 
for  granted,  and  still  suppose,  that  the  allowance  fur  providing  ac- 
commodations for  the  scholars  and  keepiiiGr  the  bu.ldings  in  repair, 
was  no  more  than  was  just  and  reasonable  for  that  purpose  ;  and 
I  am  of  the  opinion  that  Col.  Johnson,  upon  whom  the  employment 
of  providing  for  the  education  of  these  Indian  youths  was  conferred 
by  the  sovernment,  had  a  rigiit  to  suppose  that  while  he  continued 
to  discharge  his  duty  properly,  as  he  did  do  under  the  supervision 
of  the  governinent  from  year  to  year,  the  employment  would  be 
continued  to  lura.  But  having  been  deprived  of  it,  he  has  an  un- 
doubted right  to  ask  and  receive  indemnity  from  the  irnvernraent 
for  the  property,  of  the  use  of  which  be  is  now  deprived. 

Mr.  CRITTENDEN. — I  do  not  intend  to  delay  the  Senate  upon 
this  subject  beyond  a  very  few  moments,  for  tlie  purpose  of  inakin"- 
a  single  remark  in  reference  to  this  charge — which  seems  to  have 

sounded  very  invidiously  in   the  ears  of  some   gentlemen of  one 

dollar  for  the  use  of  th;-!  spring.  It  is  tolerably  well  known,  I 
think,  that  there  is  such  a  watering  place  as  Saratoga,  and  that 
the  viraters  there  are  paid  for  by  those  who  drink  them.  There  is 
in  the  neighborhood  of  this  school  also  a  watering  )il  ice,  if  it  may 
be  dignified  by  that  naine,  or  a  mineral  sprino;.  This  sprinj,  I  be- 
lieve, is  on  the  land  of  Colonel  Johnson,  Iiu  it  has  been,';ind  no 
doubt  was  at  the  period  alluded  to,  in  the  bands  of  some  person 
other  than  Colonel  Johnson,  who  rented 'he  lands  from  him,  and 
thus  it  is,  that  wo  find  a  charge  made  by  'je  .'lolder  of  the  sprin'^ 
for  tho  use  of  it  during  the  year,  as  well  as  of  all  the  little  inf. 
provements  that  are  usually  made  at  such  a  place.  I  presume  that 
the  money  charged  docs  not  go  into  the  pocket  "f  Colonel  Johnson 
but  that  It  goes  to  tho  temporary  bolder  of  the  spriiH'.  for  I  will 
venture  to  say,  and  I  do  so  confidently,  that  it  is  not  a'char"e  run- 
ning through  tho  whole  period  of  tune  during  which  tho^scbool 
existed.  I  rose  merely  for  iho  purpose  of  giving  this  explanation 
and  of  sayinij  further,  that  it  seems  to  mo  thai  this  claim  comes 
to  ns  as  well  mthenticated  as  claims  generally  are  which  receive 
the  snnetion  of  Congress.  When  a  claim  has  been  under  the  ex- 
nminailon  oi  a  committee  as  respoclablo  at  least  asanv  committco 
of  this  Senate,  such  a  committee  for  instance  as  has  had  the  in- 
vestigation of  this  claim,  and  they   report  unanimously  in  favor  of 


it,  I  do  not  hold  mvself  bound  to  investigate  it  further  ;  but  feel 
that  in  good  faith  I  may  rely,  and  that  I  had  better  rely,  upon  the 
opinions  of  those  gentlemen  who  have  given  it  their  investigation, 
than  to  depend  upon  any  hasty  judgment  that  I  may  form  on  hear- 
ing any  casual  testimony  in  this  Senate.  I  rely  upon  the  judgment 
of  the  committee,  and  nothing  it  appears  to  me  has  been  adduced 
here  to  controvert  that  judgment.  Sums  have  been  exaggerated 
bv  casting  up  the  various  amounts  received  during  a  Ions  period  of 
years,  but  nothing  can  be  more  fallacious  or  delusive.  Colonel 
iJohnson  has  received  a  certain  amount  for  the  rent  of  this  prop- 
erty. If  that  proves  any  thing,  it  does  not  prove  that  too  much 
rent  has  been  paid,  but  it  proves  that  the  property  is  of  suf^cient 
value  to  command  that  rent.  It  proves  the  value  of  the  property, 
and  this  property  has  been  left  useless  upon  his  hands  in  conse- 
quence of  a  change  of  policy  on  the  part  of  the  government  in  re- 
gard to  the  education  of  these  Indian  youths,  it  being  considered 
better  that  they  should  be  educated  within  the  interior  of  the  In- 
dian country.  Gentlemen  object  to  the  incorporation  of  this  item 
into  the  Indian  appropriation  bill  upon  the  ground  of  incongruity  ; 
but  as  tho  honorable  Senator  from  Missouri  has  remarked  to  us,  it 
is  connected  with  the  subject  of  our  relations  with  the  Indian  tribes, 
it  grows  out  of  those  relations.  This  is  therefore  the  proper  place 
for  it.  It  seems  to  me  to  be  peculiarly  appropriate  to  this  bill, 
because  this  bill  has  laid  the  foundation  for  this  claim,  on  the 
part  of  Colonel  Johnson,  and  responsibility  on  the  part  of  the  go- 
vernment. Besides  the  objection  that  has  generally  prevailed  against 
connecting  private  claims  with  appropriation  bills  is,  that  doubtful 
claims  might  sometimes  be  allowed  to  pass,  rather  than  that  the 
whole  appropriation  should  be  defeated  ;  and  in  the  ordinary  course 
of  legislation  this  is  a  practice,  that  it  is  better  to  avoid,  but  that 
objection  cannot  apply  to  this  case  which  has  been  fully  investiga- 
ted by  a  committee,  and  as  has  been  well  remarked  by  the  honor- 
able Senator  from  Tennessee,  this  bill  itself  creates  the  occasion 
on  the  part  of  Colonel  Johnson  for  making  such  complaint  to  the 
government,  and  laying  before  us  such  claim.  And  if  he  is  to  be 
compelled  to  wait  until  the  injury  to  him  has  been  consummated 
by  the  operation  of  this  bill  before  any  provision  is  made  for  re. 
dress,  the  injury  that  he  must  suffer  will  be  so  much  the  greater. 
This,  I  think,  is  a  sufficient  reason  to  show  that  this  bill  is  not  an 
inappropriate  place  for  this  claim. 

Mr.  BAGBY. — I  should  like  very  much  to  vote  for  this  amend- 
ment if  I  could  do  so  with  propriety.     I  have  a  great  respect  for 
the  opinions  of  the  committee  \>y  whom  it  has  been  recommended, 
and  in  the  next  place,  I  trust  I  have  a  proper  appreciation  of  the 
services  of  Col.  Richard  M   Johnson.     But  notwithstanding  these 
considerations,  it  is   impossible  lor  me,  according  to  my  views  of 
propriety  to   countenance  it  to   the  least  extent.     I  think   it  is  out 
of  place  in  connection  with  this  bill,  but  that  is  a  matter  of  minor 
consideration.     I  think  it  is  out  of  place  to  attach  it  to  this  bill  or 
to  any  other,  or  to  vote  for  it  if  presented  in  a  bill  by  itself.  What 
is  the   proposition?     In  1825  Col.   Johnson  informed  the    govern- 
ment  that  he  bad    buildings  fit   and  appropriate  for  this  Choctaw 
school.     Ho  describes   them,  gives  guage  and  dimensions,  and  we 
are  informed  that  the  buildings  originally  cost  $10,000.    Since  that 
time,  according  to  the  proof  we  have   before  us,  all   the  expendi- 
tures  incurred  by  Col.   Johnson   in  extending   the  buildintrs   havo 
been  $1,000.     Call  it  then,  if  you  please,  eleven,  or  even  $12,000, 
and  hnw  does  the  case  then  stand?     Why,  having  received  for  up- 
wards of  twenty  years  what  he  charged  for  the  use  of   his  build- 
ing's— af'er  having  been  paid  for  the  board,  tuition,  clothing,  med- 
ical attendance  for  the  scholars  in  his  academy,  as  well  as  all  mi- 
nor charges  for  wood  and  water,  medicinal  waters,  if  vou  please  ; 
after  having  received  all  this,  what  does  he  call  upon  tho  Senate 
to  do  now  ?     You  are  called  upon  to  pay  what  the  property  was    . 
originally  estimated  to  be  worth.     That    is  the  proposition.     Ac- 
cording to  this   doctrine,  if  you   lease    your  property  for  twentv 
years  on  your  own   terms,  and  get  extra   considerations   allowed 
you  in  the  bargain,  you  must,  at  the  end  of  the  twenty  years,  by 
way  of  indemnity,  bo  paid  the  full  original  value  of  the  property. 
I  ask  if  there  is  any  justice,  equity,  or  sound  policy  in  the  pursuit 
of  a  course  of  this  kind  ?     No,  sir.     I  think  I,  see  in  one  remark 
which  fell  from  the  honorable   Senator  from  Tennessee,  tho  whole 
motive  for  this  grant,  and  it  is  highly  creditable  to  him.     I  wish  I 
felt  at  liberty  to  allow  the  same  motive  to   prevail  with  me.     But 
the   question  is,  whether  the   Senate  is  to  be   guided  by  considera- 
tions merely  of  sympathy  and  respect,  in  acting   upon  a  matter  of 
this  kind.     Sympathy  has  weight  with  mc,  but  it  is  the  worst  pos- 
sible argument  that  can  be  urged  for  our  action  in  this  body.     If  I 
were  to  reeiir  to  one  part  of  the  history  of  Col.  Johnson,  my  svni- 
jiathies  would   cany  me  all   lengths  ;  but  I  must  s.ay  in  regard  to 
his  connection  with  the  Choctaw  academy,  I  havo  no  sympathy  at 
all.     That  institution   has  been  of  no  benefit  to  this   government, 
and  it  has  been  of  no  benefit  to  that  degraded  and  miserable  na- 
tion.    It  has  been  like  all  other  cases  in  which  the  white  man  has 
taken  charije  of   the  Indian,  it   has  been   profitable   to  the    white 
man,  but  it  has  been   useless,  if    not  ruinous  to  the  Indian.     I  re- 
gret— and  I  cannot  refrain  from  the   expression  of  that  regret — to 
see  a  man  of  Col.  Johnson's  higli   and  respectable   station   in   life 
pursuing  a  claim  of  this  kind,  a  claim   which  if  it   had  emanaled 
from  a  man  (if  ordinary  standing,  could  not,  [  apprehend,  receive 
the  sanction  of  this  body  for  a  single  instant.     It  can  only  be  the 
influence  of  t  he  name  of  Col.  Johnson  that  can  secure  its  passage, 
whether  attached  to  this  bill,  or  in  a  separate  form.     Suppose  this 
case — suppose  an  ordinary  countryman  of  the  interior  had  stipu- 
lated twenty  years  ago  to  lease  a  house  to  the  government,  and 


May  30.] 


INDIAN  APPROPRIATION  BILL. 


667 


that  the  eovernraent  had  not  only  paid  him  the  price  agreed  upon, 
but  had  actually  paid  him  more,  and  he  were  to  insist,  that  in  ad- 
dition to  all  this  the  government  must  now  pay  him  the  entire  va- 
lue of  the  property,  I  ask  il'  any  Senator  would  sanction  an  appro- 
priation of  that  kind. 

Mr.  BELL. — It  is  not  an  appropriation  of  that  kind. 

Mr.  BAGBY. — I  understand  it  to  be  so. 

Mr.  BELL. — I  wish  to  correct  the  honorable  Senator  upon 
this  point.  The  argument  is  placed,  among  others,  expressly  on 
the  ground  that  Col.  Johnson  had  a  right  to  suppose  that  this 
school  would  be  continued. 

Mr.  BAGBY. — I  understand  that,  and  I  understand  that  these 
buildings  were  in  the  possession  of  Col.  Johnson  in  1825.  He  j-ivs 
so  himself,  and  goes  on  describe  them,  showing  their  adaptation 
to  this  use.  And  the  only  expenditure  he  has  incurred  since  that 
time  is  SI  000.  From  1S25  then,  down  to  the  present  time,  he  has 
received  what  is  an  equivalent  for  the  use  and  occupation  of  his 
property — he  has  received  more  than  the  government  stipulated  to 
pay — and  whether  the  lease  extended  through  the  whole  time  or 
not,  so  far  as  Col.  Johnson  is  concerned,  he  has  received  jiayment 
for  his  property  down  to  the  present  time.  During  the  whole  of 
that  period  he  has  got  all  that  he  was  entitled  to  receive  accord- 
ing to  the  terms  upon  which  the  Choctaw  academy  was  undertaken. 
And  after  having  thus  leased  his  property  to  the  best  advantage 
during  all  that  time,  and  gotten  the  best  of  the  bargain,  the  piopo- 
sition^now  is  to  pay  him  what  the  property  was  worth  at  the  time 
when  It  was  tirst  leased.  As  I  said  before,  if  this  proposition 
came  from  some  private  American  citizen  who  had  undertaken  the 
impossible  task  of  making  civilized  peojile  out  of  Choctaw  savages, 
it  would  not  bo  entertained  for  a  moment.  And  I  do  not  think  it 
ought  in  this  case. 

Mr.  WESTCOTT. — When  this  amendment  was  first  proposed, 
I  made  up  my  mind  to  vote  for  it.  although  when  I  did  so,  1  was 
not  fully  apprised  of  all  the  circumstances  of  the  case.  I  would 
call  the  attention  of  the  Senator  from  New  Hampshire  to  what  I 
ooneeive  to  be  an  inconsistency  between  the  argument  he  now  ad- 
vances, and  an  argument  of  his  the  other  day  in  regard  to  an 
amendment  proposed  to  another  appropriation  bill.  The  argu- 
ment now  is,  that  this  item  ought  not  to  be  inserted  in  this  bdl, 
because  it  has  not  been  submitted  to  the  Commit'ee  on  Financo. 

Mr.  ATHEETON.— I  did  not  state  that. 

Mr.  WESTCOTT,— Well,  the  Senator  objected  because  it 
was  not  gerniain  to  the  bill.  The  other  day  an  amendment  was 
proposed  to  an  appropriation  bill  which  was  before  the  Senate,  an 
amendment  that  went  a  great  deal  further  than  this,  for  it  pro- 
posed to  abolish  an  office.  I  objected  to  it,  because  I  thought  it 
improper  to  be  inserted  in  an  appropriation  bill,  but  it  was  sus- 
tained, and  I  was  obliged  to  accede  to  it,  although  the  argument 
advanced  in  its  favor,  it  appears  to  me,  was  very  inconsistent  with 
the  argument  now  urged.  There  is  one  point  to  which  the  hono- 
rable Senator  from  New  H.impshire  adverted,  up.in  which  I  should 
like  a  little  further  explanation.  It  is  in  reference  to  this  charge 
for  the  spring.  I  do  not  understand  that  this  charge  can  in  any 
way  interfere  with  the  proposition  contained  in  this  amendment. 
I  understand  that  the  accounts  have  been  allowed  by  the  proper 
accounting  oflicer  in  years  past.  Why  it  is  now  brought  before  the 
Senate  1  cannot  conceive.  Were  not  the  accounts  just  and  right  ? 
I  pres.ime  they  were.  I  presume  the  accounting  otticer  required 
a  lull  explanation  of  all  the  charges.  Why,  then,  is  it  thrust  be- 
fore the  Senate  ?  Is  it  for  the  purpose  of  embarrassing  the  Senate 
with  the  idea  that  it  was  a  frivolous  and  trumped  up  account  ? 
full  of  charges  that  ought  not  to  have  been  allowed  ?  and  thereby 
prejudice  the  Senate  against  this  claim  1 


Mr.  ATHERTON.— If  ray   honorable  friend  from  Florida  had 
attended  to  my  remarks,  he  would  have  found  there  was  no  incon- 
sistency between  the  position  I  took  the  other  day  and  the  present. 
In  regard  to   the  amendment  proposed   to  the   appiopriaiion  bill 
which  abolished  an  office,  I  stated  expressly  that  1  had  contended 
in  the  House  of  Representatives  that  it  wa=  legitimate  to  limit  and 
guard  an  appropiiaiion,  and  even   to  go  so  far  as  to  repeal  a  law 
for  that  purpose.     But  that  was  altogether  ditlerent  from  tlie  prin- 
oipla  of  increasing   an  appropriation   or  adding  an  appropriation 
not  authorized  by  law.     And  I  adverted  to  the  rule  of  the    House 
which  forbids  the  introduction  of  a  clause  in  a  general  appropria- 
tion bill  for  an  expenditure  not  authorized  by  law,  and  I  submit  to  the 
honorable  Senator  from  Florida,  that  that  was  exacily  the  position 
that  I  took  the  other  day.  As  to  the  charge  for  the  spring  I  meant 
nothing  invidious  against  Col.  Johnson,  for  whom  I  have  ihe  highest 
respect  both  personally  and  politically.     But  it  was  included  in  the 
statement  which  was  furnished  me  by  the  Commissioner  of  Indian 
afftiirs  to  show  the  whole  of  the  expenses  that   were  incurred  for 
this  Indian  school,  and  reckoning  all  the  expenses,  I  believe  it  will 
be  found  that  there  is  no  equal  number  of  white   boys  have  paid 
30  much      Indeed,  I  have  a  letter  from  the  President  of  an  acad- 
emy in  Ohio,  offering  to  receive  pupils  for  a  much  lower  sum.  But 
I  will  not  go  into  this  subject.     I   have   no  wish  to  detain  the  Se- 
nate longer,  but  I  must  say   that  there  seems  to  be  some  misap- 
prehension in  the  mind  of  the   honorable    Senator  from  Tennessee 
with  regard  to  the  appropriations  for  the  education  of  the  InUians. 
This  money  comes  from  the  Indian  fund,  which  is  set  apart  by  the 
treaty  for  that  purpose,  and  the  moaey  is  paid  under  the  superin^ 


tendenceof  the  War  Department  without  any  specific  appropria- 
tion by  Congress. 

Mr.  BELL.— The  appropriations  for  the  Choctaws   come  on 
of  the  Treasury  I  believe. 

Mr.  ATHERTON.— Not  by  specific  appropriation  for  each  item. 
But  is  it  contended  that  this  sum  is  to  come  out  of  the  Indian  fund  ? 
And  is  it  contended  that  there  was  any  agreement  on  the  part  of  the 
CTovernment  that  they  would  pay  for  the  buildings  when  ihe  schoo! 
was  discontinued ?  Nothing  of  the  kind.  It  could  not  have  en- 
tered into  the  contemplation  of  any  one,  that  after  having  received 
compensation  for  the  use  of  his  buildings  during  that  long  period 
he  should  come  forward  with  a  claim  of  this  sort.  xVnd  I  may 
mention  further,  that  in  18.33  there  were  fiv;  hundred  dollars  expend- 
ed by  the  .government  in  buildings  with  a  view  to  change  this  school 
into  a  manual  labor  school.  Now  I  submit,  that  on  the  admission 
of  the  honorable  Senator  from  Tennesse  himself,  this  subject  re- 
quires investigation.  Wh.at  does  the  Senator  state  ?  He  states 
that  the  facts  I  havo  disclosed  were  unknown  to  lum. 
Mr.  BELL.— What  facts  does  the  Senator  mean? 
Mr.  ATHERTON. — About  the  sum  received  by  Colonel  John- 
son for  the  rent  of  his  buildings. 

Mr.  BELL.— What  I  meant  to  say,  was  not  that  I  did  not 
know  he  had  received  rent.  That  appears  in  the  report  of  the 
committee.  But  in  regard  to  the  amount  of  the  rent  we  had  no 
estimate. 

Mr.  ATHERTON. — At  any  rate  the  honorable  Senator  seems 
not  to  have  been  aware  of  this  .agreement  made  by  Colonel  John- 
son in  1S40,  that  the  school  should  be  discontinued,  and  there  are 
other  things  I  believe  of  which  he  was  not  aware.  Now  when  the 
o-entleman  acknowledges  that  the  subject  has  not  received  full  in- 
vestigation by  the  cotrmittee,  how  can  he  undertake  to  say  thrt 
we  ought  to  pass  the  claim  ?  It  seems  to  me  that  this  very  state- 
ment of  the  honorable  .°»nator  sh^nvs  that  it  would  be  unsafe  and 
unjust  towards  the  trca-nirv  of  the  United  States,  iliat  ihls  sum  of 
ten  thousand  dollars  should  be  granted  thus  hastily  by  being  ap- 
pended to  this  bill. 

Mr.  ATCHISON. — I  wish  to  call  the- attention  of  the  Sonata 
to  the  statement  of  Col.  Johnson  hirnsell,  as  to  the  incepuon  of 
this  agreement,  as  it  assumes  to  be,  that  he  should  be  remunerated. 
He  states  that  it  was  the  express  understanding  between  liimselt 
and  the  Secretary  of  War,  that  if  the  school  was  removed,  he  was 
to  be  indemnified. 

Now,  it  seems  to  me  that  this  is  the  only  point  for  the  Senate  to 
determine.  Whatever  lie  may  have  received,  unless  it  be  in  fulfil- 
ment of  this  agreement,  it  seems  to  me  as  entirely  aside  of  the  ques- 
tion. It  is  proved  by  two  witnesses,  that  these  buildings  must  have 
cost  some  S10,000,  or  more.  Well,  according  to  the  honorable  Sena- 
tor frum  New  Hampshire,  the  rent  paid  has  amounted  to  somewhat 
over  $20,000.  for  a  period  of  tweniy-two  years,  anti  the  repairs  hav- 
m"  required  that  sum,  Jol.  Johnson  has  not  received  one  cent  for  his 
bmldlngs.  According  to  the  account  stated  by  the  honorable  Sen- 
ator from  New  Hampshire  himself,  the  cost  of  the  repairs  has  ex- 
ceeded 10  per  cent,  on  the  value  of  the  building.  In  twenty  years, 
then,  the  amount  expended  for  repairs  would  be  equal  to  the  ori- 
ginal cost. 

If  there  was  an  understanding  or  agreement  such  as  this  between 
Col.  Johnson  and  the  Secretary  of  War,  the  government  is  bound 
to  recognize  the  claim.  But,  independently  of  that,  as  I  slated 
ill  the  outset,  it  has  been  the  uniform  practice  of  the  government, 
whenever  missionaries  have  c-.ccted  school  houses  lor  tne  educa- 
tion of  the  Indian  within  the  limits  of  the  United  States,  whence 
thev  have  been  removed  west  of  ihe  Mississippi,  to  make  appro- 
priations to  pay  for  the  buildings.  This  was  the  case  with  one 
establishment  in  Missouri,  within  my  knowledge.  Tli?  mission- 
aries at  the  Harmony  Mission  had  been  receiving  the  fund  appro- 
priated by  the  government  for  edugaiion  at  that  point,  xhey 
erected  the  buildings  at  their  own  cost,  and  ihey  v.'ere  paid  for  by 
the  government  alterwa'.ds,  when  a  treaty  was  made  with  the  lu- 
diaiis,  by  which  they  agreed  to  remove  beyond  our  territory;  the 
same  thin"  occurred  in  relation  to  the  Chippewa,  the  Cherokee, 
and  the  Choeiaw  missions.  Congress  has  acted  upun  it  time  and 
again,  and  made  similar  allowiinces.  I  admit  there  is  no  tes- 
timony ol  the  agreement  with  Secretary  Barbour,  other  than  Col. 
Johnson's  own  sta:ement. 

Mr.  WEBSTER.— That  ought  to  be  sufficient. 
I  think  so. 


Mr.  ATCHISON.- 

Mr.  ATHERTON.— Do  I  understand  the  Senator  to  state  that 
for  the  first  twenty-five  Choctaws  Col.  Johnson  expended  $5,000 
in  buildings  ? 

Mr.  .VTCHISON. — And  the  additional  buildings  cost  upwards 

ofS;o,000  more. 

Mr.  ATHERTON.— Col.  Johnson  states  in  his  letter  to  the 
War  Department  ia  132.5,  that  he  was  provided  with  buildings. 

Mr.  ATCHISON.— Col.  Johnson  states  afterwards  that  the  ad- 
ditional buildings  cost  him  $5,000. 

Mr.  ATHERTON.- Theonly  statement  of  additional  expense 
that  I  can  find  in  the  documents  is  the  amount  of  about  S1,000. 

Mr.  NILES. — We  all  know  the  distinguished  gentleman  to 
whom  it  is  proposed  ta  make  this  grant;  and   we   all  entertain  s 


668 


INDIAN  APPROPRIATION  BILL. 


[Tuesday, 


hi^h  opinion  of  him:  and  if,  upon  any  principle  of  justice,  equity, 
law,  or  usage,  I  could  vote  for  it,  I  should   certainly  do  it  with  a 
crreat  deal  of  pleasure.     And  I  have  heen  carefully   watching  the 
progress  of  this  debate  for  something  upon  which  to  rest  my  vote. 
Now,    there   have   been    two   grounds   stated,    which  seem   to 
afford  about  as  reasonable   a  pretext  as   any    I  have  discovered. 
One  is,  that  which  the  honorable   Senator   from   Tennessee,  who 
is  a  good  lawyer  and  a   competent   judge,    refers  to.     He  places 
it    upon    the    ground   of  loss  of  employment ;  but  I  do  not  know 
whether  the  honorable  Senator  alluded  to  the  petitioner  having  lost 
his  public  employment  or  his  particular  employment  of  taking  care 
of  these  Indian  youths.     1  think  the  former  is  rather  the  stronger 
ground,  and  I  would  like  to  vote  upon  that  principle  if  I  could.  It 
would  be  a  very  convenient  one,  that  we  should  all  have  an  inht, 
or  outfit,  it  may  be  more   properly  called,  I  suppose,  when  we  go 
out  of  employment.     I  sliould  have  been  glad   if  the  distinguished 
gentleman  had  remained  in  emplovment  ;  hut  the  question  is  now_ 
brou<Tht  up,  whether,  upon  a  comprehensive  philanthropic  view  ot 
this  whole  subject,   we  cannot,  in  the  exercise  ot  that  large  and 
liberal  spirit  which  belongs  to  Congress,  do  something  m  the  way 
of  remuneration   for   loss  of  employment.     If  I  could,  I  would  do 
it  cheerfully  ;  and  permit  me   to   say  tliat  there  is  no  man  in  this 
country  for  whom  I  would  do  it  more  cheerfully.     But  I  have  some 
doubts  upon  another  point  that  was  touched  upon  by  the  honorable 
Senator  from  Missouri,  which  seems  to  present  an  important  fact. 
Now,  if   this    fact    were  made  out  it  might  influence  my  vote,  for 
after  all  this  is  simply  a  matter  of  contract.  What  did  the  govern- 
ment contract  with  this  petitioner  about,  and  what  was  the  extent 
of  the   contract  ?     If  there   was   any  contract   going  beyond  the 
annual  payment  per  capita,  or  in  some  form,  for  service  in  taking 
care  of  the  Indian  youths,  why,  certainly,  we  ought  to  act  in  good 
faith  and  carry   it  out  to  its  fulfilment.'   I  certainly  give  as  much 
credit  to  the  statement  of  Col.  Johnson  as  any  one,  but  the  state- 
ment is  very  loose  in  itself.     It  is   a. statement  that  Mr.  Barbour, 
when   Secretary  of  War,   made  some  sort  of  promise  or  sugges- 
tion that  be  should  be  indemnified.     But  Mr.  Barbour  had  no  right 
TO  give  such  a  promise — he  had  no  right  to  enter  into  such  an  un- 
dertaking on  behalf  of  the  government.     According  to  the  argu- 
ment of  "Ihe  Senator  from  New  Hamp.shire,  his  opposition  to   this 
claim  is  based  upon  the  fact,  that  these  buildings  were  in  existence 
when    the   original    contract    was  made.     Well,  now,  with  every 
disposition  to  vote  for  this  amendment,  I  must  say  that  the  weight 
of  testimony   is   against   the  claim  ;  for  it  sccnis  to  have  been  a 
contract   proposed,   in  fact,  on  the  ground  that  Col.  Johnson  liad 
the  necessary  accommodations. 

Well,  what  else  is  there  in  the  case  upon  which  I  can  rest  my 
vote  ?  Possibly  I  might  vote  for  it  on  the  ground  of  an  equivalent. 
Jt  is  an  old  saying  that  one  good  service  should  be  rewarded  by 
another.  Now,  this  gentleman,  as  we  all  know,  has  performed  a 
lone  service  and  a  very  useful  one  in  both  houses  of  Congress. — 
He  was  a  very  industrious  and  useful  member.  He  did  also  a  great 
deal  of  out-door  service.  I  believe,  in  fact,  he  has  rendered  more 
service,  both  in  his  seat  in  either  house,  and  by  his  labors  out  of 
Congress,  in  aiding  petitioners  to  obtain  their  private  claims,  than 
anv  other  man  that  has  ever  been  in  Congress.  Well,  now,  con- 
sidering the  importance  of  his  services  in  this  particular  way — his 
generous  feelings — his  desire  to  be  useful — his  liberality — his  rea- 
diness to  serve  all  who  had  transactions  with  the  government — con- 
sidering how  much  he  has  done  in  this  way,  I  think  we  ought  to  he 
very  liberal  towards  him,  and  ac't  in  the  same  spirit  which  he  al- 
waj's  manifested.  If  I  could  vote  for  the  bill  upon  that  ground  I 
certainly  would  ;  for  I  believe  this  claim  in  that  respect  is  stronger 
than  any  other  that  has  ever  been  before  Congress,  or  probaljly 
ever  will  be.  I  recollect  one  case  of  a  private  claim  in  which  the 
Vice  President  was  called  upon  to  give  a  casting  vote.  The  claim 
rested,  I  believe,  upon  a  basis  that  no  one  could  discover,  but  it 
was  advocated  with  a  great  deal  of  eloquence  and  ingenuity.  It 
was  the  case  of  a  lady,  too,  a  daughter  of  Governor  Madison,  who 
applied  for  a  grant  of  $5,000.  She  had  no  claim  to  a  pension,  al- 
though her  husband,  it  is  trua,  had  fought  gallantly  in  the  Indian 
war,  and  had  been  wounded  from  head  to  foot,  and,  no  doubt,  was 
a  cripple;  and  under  these  mysterious  circumstances,  the  case  hav- 
ing been  ably  argued,  when  it  came  to  the  vote  there  was  precise- 
ly a  tie,  and  the  distinguished  gentleman  who  is  now  here  with  his 
petition  had  to  give  the  easting  vote.  He  made  a  very  feeling 
speeh — not  touching  upon  the  point,  however,  for  the  case  had  no 
point — but  he  spoke  feelingly  of  the  daughter  of  Governor  Madi- 
son, and  of  the  wrongs  of  woman  in  general,  and  wound  up  by  say- 
ing, '•  the  chair  votes  lor  the  woman."  Now,  there  is  no  woman 
ill  tills  case,  but  the  woman's  advocate  has  come  here  himself,  and 
the  question  is,  whether  wc  ought  not  to  exhibit  towards  him  a 
little  of  that  generosity  which  so  eminently  distinguished  him.  1 
would  like  to  vote  for  it  wpon  that  "round,  but  I  am  afraid  it  would 
be  establishing  a  dangerous  principle.  On  the  whole,  if  I  were  to 
vote  for  this  claim  at  all  it  would  be  on  the  principle  of  an  etiuiv- 
alent — in  consideration  that  he  voted  for  all  claims.  He  voted  for 
elaims  having  less  foundation  than  this,  actuated  by  a  spirit  of  be- 
nevolence and  liberality. 

Now,  I  think  I  have  given  you  a  view  of  all  the  merits  there 
are  in  this  case.  If  there  is  any  thing  more  I  would  bo  glad  to 
hear  it  stated  by  anv  gentleman,  for  I  am  anxious  to  vote  for  the 
bill. 

Mr.  BUTLER. — I  would  like  to  know  from  the  honorable 
chairman  of  the  committee,  whether  it  is  proposed  to  compensate 
Col,  Johnson  tor  buildings  that  were  erected  at  the  time  when  he 


entered  into  his  engagement  with  the  government,  for  I  think  there 
is  a  very  great  diflerence  between  giving  him  compensation  for 
buildings  which  he  erected  expressly  with  a  \-iew  to  accommodate 
the  scliool,  and  buildings  which  were  already  upon  his  land. 

Mr.  WEBSTER.— I  do  not  think  that  this  claim,  whatever  its 
merits  may  be,  should  be  prejudiced  by  any  charges  made  by  Col. 
Johnson   against  the   government,  or   by  any  allowance  from  the 
(Tovernmenl   in  times    past,  for   the  education  and  maintenance  ol 
these   Choctaw   youths.     That  matter  is  closed.     The   accounts 
between  him  and  the  government  are  all  settled.    Nor  do  I  think  the 
fact  of  any  importance,  that  in  1840  he  entered  into  an  agreement 
or  understanding   that  he  would  discontinue   this  school  ;  because 
it  is  abundantly  apparent  that  the   government  did   not  wish  him 
so  to  do.     For  from  that  time  to  the  present,  as  I  understand,  the 
government  has  paid  him  the  usual  allowance.     I  think  the  pre- 
cise equity  of  this  case  has  been   hit.  in  one  word,  by  the  honora- 
ble Senator  from  South   Carolina,  that  Col.  Johnson  should  be  re- 
munerated for  the  buildings  which  he  has  actually  erected  for  the 
accommodation  of  this  school.     When  the  school  was  first  estab- 
lished, it  appears  he  had  certain   buildings  already  on  his  planta- 
tion, erected  of  course  lor  other  purposes,  which  he  was  willing  to 
convert  to  this  use.  upon  the  understanding  that  he  should  be  al- 
lowed a  reasonable' rent ;  and,  as  stated  by  the  honorable  Senator 
from   Missouri,  that   when   the  school  should  be  discontinued,  he 
should  have  some  equitable  remuneration.     Well,  I  can  conceive 
that  under  the  circumstances,  even  for  buildings  already  erected, 
and  found  on  his  plantation,  if  his  school  should  be   suddenly  dis- 
continued, there  "might  be  a  very  equitable  ground  for  the  under- 
standing, that   in  that  case  he   should  have  some  compensation  ; 
and  the^written   paper  which  is  before  the  Senate,  in  which  Col. 
Johnson  states  that  he  had  the   promise  of  the  Secretary  of  War 
that  compensation  should   be  made  to  him,  is,  I   think,  very  tair 
proof.     A   slatement  of  that  sort    under   his   own  hand  is,  at  all 
events,  sufScient  to  satisfy  me.     But  there  are  the  additional  build- 
inn-s  that  were  erected  when  the  school  was  enlarged,  for  the  pur- 
po°se  of  accommodating  the  school,  and  therefore  I  presume  fit  lor 
no  other   purpose,  and  erected  at  a  cost  of  §5,000  as  seems  to  be 
set  forth  in  the  documents  that  have  beiin  read.     This  creates  an 
entire  new  equity  ;  and  now  by  the  action  of  the  government  the 
school  is  discontinued— as  I  think  very  properly— and  the  business 
of  educating  these  youths  transferred  to   the  tribes  to  which  they 
belong.    I  think  unquestionaly  there  does  remain  in  equity  a  claim 
nf  jusuce  on   behalf  of  Col.   Johnson  to   be  allowed  what  is  rea- 
sonable for  the  capital  expended  in  the  erection  of  these  buildings, 
which  have   now  become  of  no  use  in  consequence  of  the  termina- 
tion of  what  may  be  called  a  tenure  at  will,  in  consequence  of  the 
sudden  discontinuance  of  the  establishment,  without  previous  no- 
tice to  him,  or  without  enabling  him  in  any  way  to  turn  the  pro- 
perty to  account.     This  seems  to  me  to  be  the  equity  of  the  case  ; 
and  therefore  if  the  gentleman  who  has  the  charge  of  this  matter 
will   reduce  the  sum  to  be  allowed  to  the  cost  of  the   buildings, 
proved  to  have  been  erected  for  this  particular  purpose,  I  shall 
give  it  my  support. 

Mr.  ATCHISON.— The  proof  is  not  directly  to  the  point  on 
this  question.  Col.  Johnson  staf3s  that  after  the  treaty  of  Danc- 
ing Rabbit  Creek,  when  the  number  of  pupils  at  the  school  in- 
creased, it  became  necessary  to  increase  his  accommodations,  and 
that  he  expended  afterwards  some  $5,000.  And  we  have  the  tes- 
timony of  two  gentlemen  Before  the  committee,  who  state  that  all 
the  buildings  used  were  worth  considerably  over  ten  thousand  dol- 
lars. I  suppose  it  would  be  fair  to  say  that  the  value  of  those 
erected  after  the  commencement  of  the  school  is  about  $5,000. 

Mr.  BUTLER. — But  there  is  another  consideration.  The 
buildings  are  worth  .something  now. 

Mr.  ATCHISON.— Not  at  all,  they  are  utterly  useless.  Bnt 
I  would  be  willing  to  leave  the  matter  in  this  way — I  would  allow 
the  Commissioner  of  Indian  Aflfairs  to  ascertain  the  value.  And 
if  the  Senate  will  do  me  the  favor  to  postpone  the  subject  until  to- 
morrow morning.  I  will  propose  the  amendment  in  that  shape. 

Mr.  BELL.— Will  the  Senator  allow  me  tomake  a  single  remark? 
My  honorable  friend  from  Connecticut  rests  his  opposition  to  this 
claim  upon  the  ground  thafat  the  time  the  school  commenced  in  1825. 
Col.  Johnson  had  buildings  already  erected.  It  is  true  he  had,  but 
what  number  of  scholars  were  they  capable  of  acoommodatin»  ? 
Twenty-five  pupds  was  the  original  number  that  constituted  the 
school.  At  a  subsequent  period  the  school  was  enlarged,  the  num- 
ber of  scholars  was  increased,  and  of  course  additional  accommo- 
dations wore  required.  The  number  at  last  amounted  to  one 
hundred  and  seventy-five,  and  although  he  might  have  had  originally 
aeeomniodation  for  twenty -five,  yet  after  this  accession  of  number 
there  would  bo  one  hundred  and  fifty  to  be  provided  for.  The  cost  of 
the  buildings  he  was  bound  to  erect  under  instructions  from  the 
War  Department,  when  ho  was  expected  to  receive  the  forty  ad- 
ditional pupils  after  the  treaty  of  Dancing  Rabbit  Creek,  amounted 
to  $5,000;  and  the  e  were  upwards  of  a  hundred  pupils  received 
afterwards,  for  whom  accommodations  were  to  be  provided. 
That  is  the  ground  upon  which  the  $10,000  is  recommended  to  be 
allowed. 

Mr.  BAGBY. — The  proposition,  I  believe,  is  to  postpone  the  bill 
until  to-morrow. 

Mr.  ATCHISON.— Perhaps  it  would  be  better  to  take  the  vote 
upon  this  proposition  now,  and  if  it  should  not  be  agreed  to,  it  can 
be  submitted  in  a  modified  form  to-morrow. 


May  30.] 


INDIAN  APPROPRIATION  BILL. 


669 


Mr  BAGBY.— I  had  hoped  that  the  subject  would  be  post- 
poned that  an  opportunity  might  be  afforded  lor  further  examina- 
tion- for  although  I  have  great  respect  for  the  statement  of  Col. 
Johnson,  yet  before  voting  upon  a  matter  of  this  kind,  I  desire  to 
be  informed  whether  there  is  any  evidence  in  regard  to  this  eon- 
tract  on  the  files  of  the  War  Department  ?  And  I  desire  informa- 
tion on  another  point.  I  desire  to  know  what  the  practice  of  the 
crovernment  has  been  with  reference  to  these  school  houses  after 
the  schools  have  been  abandoned.  Finding  that  I  am  mistaken  in 
supposing  that  the  matter  is  to  be  postponed  until  tomorrow  and 
as  the  distinguished  Senator  from  South  Carolina  is  in  his  place, 
who  has  had  treat  experience  when  in  the  War  Department  in  re- 
gard to  these"  schools,  I  should  feel  greatly  obliged  to  him  il  he 
would  state  what  the  practice  of  the  government  has  been. 

Mr.  BADGER.— I  hope  the  Senator  from  Missouri  will  have  no 
objection  to  let  this  matter  lie  over  until  to-morrow. 


Mr.  ATCHISON.— I  have  none. 

Mr.  BADGER.— I  am  strongly  disposed  to  vote  for  this  claim, 
but  if  the  question  be  pressed  at  this  time  I  shall  be  compelled  to 
vote  against  it.  And  I  desire  also  to  ask  the  Senate's  attention  to 
a  matt"er  of  business  for  about  five  minutes,  in  Executive  session, 
before  the  adjournment. 

The  further  consideration  of  the  bill  was  then  postponed  until 
to-morrow. 

EJtECUTIVE  SESSION. 
The  Senate  then   proceeded  to  the  consideration  ol   Executive 
business;  and  after  some  time  spent  therein, 

On  motion, 
The  Senate  adjourned. 


670 


PETITIONS— RESOLUTIONS,  ETC. 


[Wednesday, 


WEDNESDAY,  MAY  31,  1848. 


CREDENTIALS. 

Mr.  BORLAND  presented  the  credentials  of  the  Hon.  William 
K.  Sebastian,  appointed  a  Senator  by  the  Executive  of  the  Siate 
of  Arkansas,  to  fill  the  vacancy  occasioned  by  the  decease  of  the 
Hon.  Chester  Ashley. 

The  credentials  were  read  ;  and  the  oath  prescribed  by  law  was 
administered  to  Mr.  Sebastian,  and  he  took  his  seat  in  the  Se- 
nate. 

PETITION. 

Mr.  HALE  presented  a  petition  of  citizens  of  Sandusky  city, 
Ohio,  praying  the  removal  of  the  seat  of  government  of  the  Uni- 
ted States  to  Cincinnati,  in  that  State. 

Ordered,  That  it  lie  on  the  table. 

MB.  rush's  correspondence. 

Mr.  MASON  submitted  the  following  resolution,  which  was 
considered,  by  unanimous  consent,  and  agreed  to  : 

Resolved,  Tiiat  the  Presi<;ent  of  the  United  States  be  requested  to  coiniminicate  t« 
the  Senate  the  coirespondence  not  herelolbre  communicated  between  the  Secretary  ol' 
State  and  the  minister  ot'  the  United  States  at  Paris  since  the  recent  change  in  the  go- 
vernment of  France,  provided,  tliat  in  the  opinion  of  the  President,  the  same  may  be 
done  without  iojnry  to  the  public  interest. 

ATLAS  FOR  THE  COMMITTEE  ON  COMMERCE. 

Mr.  DIX  submitted  the  following  resolution,  which  was  consid- 
ered, by  unanimous  consent,  and  agreed  to  : 

Resolved,  That  the  Secretary  of  the  Senate  be  authorized  to  purchase  an  atlas  of 
the  United  S.ates  for  the  use  of  the  Committee  on  Commeice,  and  pay  for  the  same 
out  ol  the  contingent  fund. 

MESSAGE   FEOM   THE   PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary  : 
To  the  Senate  of  the  United  Slates  : 

I  transmit,  herewith,  reports  from  the  Secretary  of  State  and  the  Secretary  of  tlie 
Navy,  with  the  accompanyin"  correspondence,  which  contain  the  information  called 
for  by  the  Senate  in  their  resolution  of  the  30th  instant,  relating  to  llie  existing  condi- 
ttcu  of  affair*  in  Yacatan. 

„,    „  „      .  JAMES  K.  POLK. 

Washington,  May  31,  l!343. 

The  message  was  read. 

Ordered,  That  it  be  printed  with  the  accompanying  docmnenls. 

MESSAGE  FROM  THE   HOUSE. 

The  followmg  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  .- 

Mr.  President:  The  House  of  Representatives  concur  in  the  amendments  of  tlie 
Senate  to  the  bill  making  appropriations  for  llie  support  of  the  military  academy  for 
the  year  ending  the  30th  June,  1849. 

The  House  of  Representatives  have  passed  a  bill  making  appropriations  for  the 
support  of  the  Post  Office  Department  for  the  year  ending  the  30th  of  June,  1849;  in 
which  they  request  the  concurrence  of  the  Senate. 

The  President  of  the  United  States  has  approved  and  signed  the  following  acts  : 

An  act  for  the  relief  of  John  Mitchell. 

An  act  for  the  relief  of  .Mary  Brown,  widow  ^f  Jacob  Brown. 

An  act  for  the  admission  of  the  State  of  Wisconsin  into  the  Union. 

The  Speaker  of  the  House  of  Representatives  having  signed  six  enrolled  bills,  I  am 
directed  to  bring  them  to  the  Senate  for  the  signature  of  their  President. 

SIGNING    OF    BILLS. 

The  Vice  President  signed  the  following  enrolled  bills  : 

An  act  for  the  relief  of  Edward  Bolon. 

An  act  for  the  relief  of  Edward  Brownell. 

An  «ot  for  the  relief  of  Samuel  W.  Bell,  a  native  of  the  L'lierokee  nat.on. 

An  act  for  the  relief  of  Reynolds  May. 

An  act  concerning  Spanish  steam  vessels. 

An  aotraokinB  appropriations  for  the  support  of  the  military  academy  for  the  year 
ending  the  30th  June,  1849.  •  ■' 

HOUSE    BILL   REFERRED. 

The  bill  from  the  House  of  Representatives,  making  appropria- 
tions for  the  support  of  the  Post  Omcc  Department  for,  the  year 
ending  the  30th  of  June,  1849,  was  read  the  first  and  second  times 
by  unanimous  consent,  and  referred  to  the  Committee  on  Finance'. 

SELECT  COMTITTEE  ON  CHEROKEE  CLAIMS. 

Mr.  ATCHISON  having  been,  on  his  motion,  excused  from 
Mrviiig  on  the  select  committee  appointed  yesterday  oa  the  memo- 
liftl  of  Mrtaia  Cbeiokea  claimants — 


On  motion  by  Mr.  HOUSTON,  it  was 

Ordered,  That  a  member  be  appointed  by  the  Vice  President 
in  the  place  of  Mr.  Atchison  ;  and 

Mr.  Johnson,  of  Georgia,  was  appointed. 

the    TEXAS    NAVy. 

On  motion  by  Mr.  YULEE,  it  was 

Ordered,  That  the  Committee  on  Naval  Affairs  be  discharged 
from  the  I'urther  consideration  of  the  bill  to  authorize  the  Presi- 
dent to  increase  the  naval  establishment  of  the  United  States. 

ADJOURNMENT  OF   CONGRESS. 

The  resolution  for  closing  the  present  session  of  Congress  and 
flxing  a  day  for  the  commencement  of  the  next  session,  was  read 
the  second  time  and  considered  as  in  Committee  of  the  AVhole. 

Mr.  ATHERTON. — I  hope  the  consideration  of  this  resolution 
will  not  be  pressed  at  present. 

Mr.  TURNEY.— I  move  that  it  be  referred  to  the  Committee 
on  Finance. 

Mr.  ATCHISON. —  I  can  see  no  propriety  in  referring  the  re- 
solution to  any  committee,  much  less  to  the  Committee  on  Fi- 
nance. I  do  not  know  that  it  increases  or  diminishes  the  expences 
of  the  government  in  any  manner.  My  object  in  introducing  the 
resolution,  which  I  did  after  consulting  with  various  gentlemen, 
was,  to  avoid,  if  possible,  sitting  in  the  months  of  July,  August, 
and  September,  the  most  disagreeable  portion  of  the  year.  The 
public  business  will  be  equally  promoted  by  the  arrangement  which 
the  resolution  proposes.  The  appropriation  bills,  anil  all  measures 
of  vital  importance,  can  be  passed  before  the  Isi  of  July,  and  then 
there  will  probably  be  no  necessity  for  the  transaction  of  any  fur- 
ther business  before  tho  1st  of  October.  It  is  said,  that  if  we 
have  peace  with  Mexico,  we  must  adopt  various  measures  of  le- 
gislation for  disbanding  the  forces,  establishing  territorial  govern- 
ments,  Sec.  That  can  all  be  done  in  October,  and  we  shall  have 
avoided  silting  here  during  the  warm  months,  that  unhealthy  sea- 
son of  the  j'ear. 

Mr.  BAGBY. — It  appears  to  me  that  the  agitation  of  the  ques- 
tion embraced  iu  this  resolution  at  the  present  time,  can  do  no 
good.  The  length  of  the  present  session  ought,  and  will  depend 
materially  on  the  fate  of  the  treaty  now  pending  in  Mexico.  Until 
that  is  ascertained,  I  think  it  would  be  im|iroper  to  fix  upon  any 
time  for  the  termination  of  the  session.  For  the  present,  there- 
fore, I  move  that  the  resolution  be  laid  upon  the  table. 

Mr.  BADGER. — I  would  ask  the  honorable  Senator  to  with- 
draw that  motion  for  a  moment,  to  enable  mc  to  offer  an  amend- 
ment. 

Mr.  BAGBY.— Certainly. 

M.  BADGER. — I  propose  the  following  amendment  to  be  in- 
serted at  the  close  of  the  joint  resolution  : 

"And  that  all  business  pending  before  Congress,  shall  be  resumed  in  the  stags  in 
which  it  may  be  left  at  the  close  of  the  present  session  of  Congress.'* 

Mr.  ATHERTON. — I  hope  the  consideration  of  tho  resolution 
will  not  be  pressed  now,  lor  it  appears  to  me  that  the  Senate  is 
not  prepared  to  fi.\  the  time  for  the  adjournment.  In  the  first 
place,  there  are  a  great  many  appropriation  bills  that  have  not 
been  acted  upon;  and  in  the  next  place,  the  considerations  refer- 
red to  by  the  Senator  from  Alabama  concerning  our  relations  with 
Mexico,  ought  to  have  some  weight.  And  there  is  another  im- 
portant subject  that  has  been  pressed  upon  the  attention  of  Con- 
gress by  the  President,  and  that  is  the  establishment  of  a  Territo- 
rial government  in  Oregon;  and  the  events  that  have  recently  taken 
place  in  that  country,  would  seem  to  render  it  imperative  that 
something  should  be  done  before  the  adjournment  of  Congress. 
Under  all  these  circumstances,  1  think  it  would  be  most  proper 
that  the  resolution  should  lie  upon  the  table. 

Mr.  BAGBY. — A  single  remark.  The  very  instant  we  hear 
from  Mexico  the  resolution  can  be  taken  up  and  acted  upon. 

Mr.  MILLER. — I  desire  to  make  one  suggestion.  I  am  in  fa- 
vor of  iho  adjournment  as  proposed,  but  I  have  some  doubts  wheth- 
er we  can,  by  joint  resolution,  fix  the  time  of  meeting  for  tho  next 
session  of  Congress.  I  am  inclined  to  think  that  it  must  be  done 
by  an  act  of  Congress,  and  not  by  joint  resolution.  I  perceive  that 
in  1S12  and  1813  there  were  two  instances  in  which  Congress 
fixed  the  time  for  tho  commencement  of  the  following  session,  and 
it  was  done  in  both  cases  by  the  passage  of  a  law,  and  not  by  joint 
resolution. 

Mr.  ATCHISON.— I  have  no  objeotion  to  alter  the  form  of  th» 
proposition,  although  I  believe  that  Congres*  may,  by  joint  resola , 


Mat  31.] 


THE  OREGON  BILL. 


671 


tion,  anpoint  the  time  for  the  commencement  of  the  next  session. 
In  regard  to  the  form  of  the  resolution,  I  care  nothing  about  that; 
my  object  is  simply  to  avoid  sittina;  here  during  the  hot  months. 
If  the  treaty  is  ratified  hy  the  Mexican  government  at  all,  we 
must  receive  news  of  it  within  a  week  or  ten  days  I  suppose;  and 
whaiever  legislation  may  be  requisite,  m  case  there  be  any  thing 
that  will  require  the  immediate  action  of  Congress,  in  consequence 
of  the  ratification  of  the  treaty,  and  it  should  be  found  that  it  could 
not  be  completed  within  the  time  limited  by  the  rcf.ulution  for  the 
continuance  of  the  session,  it  will  bo  a  very  easy  matter  to  rescind 
it.  But  I  have  always  observed  this,  that  when  the  time  is  fixed 
for  th», adjournment,  we  generally  work  up  to  that  time,  and  mnre 
business  is  done  in  one  week  than  in  three,  when  the  time  for  the 
adjournment  is  not  fixed.  My  impression  is,  also,  that  ninety  days 
will  be  too  short  a  time  for  the  transaction  of  tho  business  that 
will  come  before  Congress  at  its  next  session.  By  meeting  on  the 
Ist  of  October  and  resuming  the  business  where  we  leave  ofiT,  as 
proposed  by  the  Senator  from  North  Carolina,  wo  shall  be  able 
to  accomplish  all  that  we  will  have  to  do.  If  this  matter  is  to  bo 
postponed,  I  would  prefer  that  a  day  certain  should  be  fixed  for 
Its  consideration.  I  will  move,  therefore,  that  the  consideration 
of  the  resolution  be  postponed  until  next  Monday  week. 

The  motion  was  agreed  to. 

OREGON    BILL. 

The  Senate  resumed,  as  in  Committee  ol  the  Whole,  the  con- 
sideration of  the  bill  to  establish  the  territorial  government  of 
Oregon. 

Mr.  BENTON  from  the  Committee  on  Military  Affairs,  to 
whom  was  referred  tho  message  of  the  President  of  the  United 
States  on  the  subject,  moved  to  amend  the  bill  by  adding  the  fol- 
lowing section  : 

Sec.  20.  Be  it  further  cnaetcd.  That  the  President  of  the  United  States  be  and  he 
is  hereby  authorized  to  accept  for  service  in  Oregon,  for  the  term  of  twelve  montlis  nn- 
leM  sooner  discharged,  one  regiment  of  mounted  voInn:eers_  to  be  orcanizeit  in  the 
same  manner  and  with  the  same  number  of  commissioned  oiiicers.  (includinj,'  those  of 
the  tluartermaster.  Commissary  and  Aledical  Departments.^  noncommissioned  offi- 
cers, buylers  dod  privates,  as  are  provided  tor  a  regiment  of  mounted  volunteers  received 
into  service  nnder  tho  act  "providing  for  Ihe  prosecution  of  the  existing  war  between 
the  United  States  and  the  Repubhc  of  Mexico."  approved  .May  YA,  1811!,  and  other 
acts  amendatory  and  supplementary  therelo.  And  the  said  volunteers  shall  be  entilled 
to  tho  same  jtay,  clothint:.  rations,  allowances  and  bounty  land,  as  are  provided  by  ex- 
isting laws  for  the  volunteers  received  into  service  under  the  ^evetal  acts  hereinbefore 
referred  to. 

Tho  amendment  was  agreed  to, ' 

Mr,  HALE  moved  to  amend  tho  bill  by  adding  the  fol'owing 
section : 

"Sec.  21.  Aildhe  it  futthcr  caacttd.  That  the  inhabitantsof  said  teirirory  shii!  be 
enlitled  to  enjoy  all  and  sinjular  the  rights,  privileijes,  and  advaiilapes,  granted  and 
secured  to  the  people  of  the  territory  of  the  United  States  northwest  of  the  river  Ohio, 
by  the  articles  of  compact  contained  in  the  ordinance  for  the  government  of  said  ler- 
ritory,  on  the  13th  day  of  July,  1787  ;  and  shall  be  subject  to  all  the  conditions,  and 
restnctions.  and  prohibitions,  in  said  articles  of  compact  imposed  upon  the  people  of 
said  territory  ;  and  the  existing  laws  now  in  force  iti  the  territory  of  Oregon,  under  the 
authority  of  the  [irovisional  government  established  by  the  people  thereof,  shall  con- 
tinne  to  be  valid  aud  operative  therein,  so  far  as  the  same  De  not  incompatible  with 
the  principles  and  provi^ions  of  this  act ;  subject,  nevertheless,  to  be  allercd,  modified, 
or  repealed,  by  the  government  and  legislative  assembly  of  the  said  territory  of  Ore- 
gon ;  and  rhe  laws  of  Ihe  United  States  are  hereby  extended  over  and  declared  to  he 
in  force,  in  satd  territory,  so  far  as  the  same  or  any  provision  tliereof  may  be  appli- 
cable." 

Mr.  LEWIS  remarked  that  this  bill  involved  a  most  important 
principle,  and  he  desired  some  time  to  examine  it. 

Mr.  HALE. — This  is,  indeed,  an  exceedingly  important  bill,  and 
involves  a  most  important  principle.  It  involves  the  question  whe- 
ther the  privileges  extended  to  the  inhabitants  of  the  territory 
north-west  of  the  Ohio,  shall  be  secured  to  the  people  of  Oregon. 
I  concede  to  the  Senator  from  Alabama  that  the  principle  is  the 
most  important  that  can  come  before  Congress  or  the  country.  It 
is  the  great  question  of  the  day,  upon  the  proper  solution  ,o(  which 
hang  the  destinies  of  this  country.  I  hope,  then,  some  day  will  be 
fixed  for  the  consideration  of  the  bill.  I  am  willing  that  it  should 
be  an  early  day — say  Monday  next. 

Mr.  BRIGHT. — I  hope  that  the  motion  to  postpone  this  bill 
will  not  prevail.  In  addition  to  the  general  obligation  to  furnish 
the  people  of  Oregon  with  a  government,  recent  events,  developed 
in  the  late  message  of  the  President,  imperiously  demand  that  we 
should  pass  this  bill  immediately.  If  we  desire  to  extend  aid  to 
our  fellow. citizens  in  that  distant  region,  it  is  absolutely  necessary 
that  we  should  act  promptly.  The  Indians  are  in  a  state  of  hos- 
tility. They  are  massacreing  the  white  inliabitanis.  Military  aid 
is  implored  in  the  most  pathetic  tones.  A  messenger  has  arrived 
w-ithin  a  few  days,  bringing  a  memorial  from  the  provisional  gov- 
ernment presenting  a  case  which  must,  I  am  convinced,  satisfy  ev- 
ery mm  who  examines  tho  facts  that  immediate  military  aid  is 
necessary  to  save  those  people  from  destruction.  The  amendment 
offered  by  the  Senator  from  New  Hampshire  involves  a  question 
which  he  remarked  was  full  of  interest  and  very  important  ;  but  I 
hope  that  it  will  not  be  discussed  at  length  on  this  bill  to  the  con- 
sunipi  on  of  time  which  is  now  invaluable  to  the  people  of  Oregon. 
I  shall  insist  upon  a  vote  upon  the  bill  today,  and  1  hope  that  it 
may  be  passed  before  we  adjourn. 

Mr.  CALHOUN. — I  should  be  glad  to  obtain  some  information 
from  the  chairman  of  the  committee. 

Mr.  BRIGHT. — He  is  unavoidably  absent. 


Mr.  CALHOUN. — I  desire  to  know  ■whether  it  is  the  intention 
of  the  friends  of  the  bill  to  incorporate  this  amendment  with  the 
bill? 

Mr.  BRIGHT. — For  myself  I  can  answer  that  1  shall  most  as- 
suredly vote  against  the  amendment. 

Mr.  CALHOUN. — If  I  could  bo  assured  that  that  was  the  sense 
of  the  Senate,  I  would  certainly  have  no  objection  to  the  discus- 
.sion  of  ihe  bill  to-day.  But  if  it  be  otherwise, on  a  question  of  this 
magnitude  I  should  feel  myself  bound  by  every  consideration  of  the 
duty  which  I  owe  to  the  Union,  and  to  the  section  of  the  country 
which  I  represent,  to  give  it  a  most  decided  resistance.  I  hold  the 
amendment  to  be  a  most  flagrant  violation  of  the  constitution.  I 
regard  it  as  involving  the  degradation  of  nearly  one-half  of  the 
States  of  this  Union,  who  claim  to  bo  full  equals  here,  and  who  in. 
tend  never  to  yield  that  full  equality.  Now,  I  should  be  very  glad 
to  hear  from  the  several  sections  of  this  body  whether  it  is  intend- 
ed to  vote  this  down  at  once  so  as  to  permit  the  bill  to  pass 
promptly.  If  not,  I  shall  certainly  agree  to  the  postponement  of 
the  bUl. 

Mr.  NILES. — It  has  been  stated  that  an  extreme  urgency  ex- 
ists requiring  tho  immediate  passage  of  this  bill.  I  believe  that  it 
is  a  measure  important  in  more  respects  than  one,  antl  [  am  not 
at  all  prepared  to  act  upon  it  to-day,  not  having  examined  the  de- 
tails. In  any  view  of  it,  it  is  a  most  important  measure,  and  be- 
sides we  have  had  the  novel  question  raised  and  elaborately  dis- 
ou.ssed,  whether  we  have  any  right  to  legislate  for  these  territories 
at  all.  A  great  principle,  as  well  as  the  interests  ol  the  people  in 
this  remote  region,  are  involved.  I  had  certainly  supposed  that 
some  day  would  have  been  fixed  for  the  consideralion  of  the  bill, 
in  order  that  all  might  have  known  when  it  would  be  taken  up, 
and  have  an  opportunuy  of  examining  it  with  the  attention  which 
it  demands. 

But  we  are  told  that  there  is  a  great  urgency,  and  ihat  this  ur- 
sency  demands  the  immediate  passace  of  the  bill.  What  is  the 
urgency  ?  It  docs  not  arise  out  of  ibc  bill,  but  is  another  matter  en- 
tirely. We  know  tho  ciuidiiion  of  the  country.  They  ought  to  have 
a  military  force  there  undoubtedly,  but  that  is  an  independent  mea- 
sure entirely  ;  and  it  is  verv  much  to  bo  lamented  that  tho  action 
of  this  body  a  year  ago,  looking  to  that  very  stats  of  things,  and 
providing  a  force  adequate  for  the  proteclion  of  these  distanl  set- 
tlements, has,  it  seems,  entirely  failed  in  consequence  of  this  unfor- 
tunate war  with  Mexico.  I  do  not  censure  the  Execuiivc,  but 
the  fact  is  so,  and  those  people  have  been  left,  as  I  understand, 
without  Ihe  protection  of  a  single  company  of  armed  men  to  meet 
anv  emergency  of  this  nature,  which  might  have  been  reasonably 
apprehended.  I  am  willing  to  act  promptly  so  far  as  this  point 
is  concerned,  and  take  up  the  proposition  of  the  Senator  from  Mis- 
souri as  an  independent  measure,  in  order  to  provide  without  de- 
lay a  military  force  adequate  to  tho  protection  of  those  defence- 
less people  ;  and  then  do  what  we  thought  we  had  done  years  ago. 
But  I  am  not  prepared  to  act  on  tho  bill  before  the  Senate,  when 
any  great  principle  important  to  the  whole  Union,  and  forcibly 
calculated  in  some  degree  to  disturb  and  agitate  the  country,  is 
presented,  we  owe  it  to  ourselves  and  the  country  that  it  should  be 
reasonably  and  properly  discussed.  The  discussion  is  important 
and  ought  not  to  be  repressed.  I  desire  to  see  if  we  have  juris- 
diction over  those  territories,  and  if  so,  the  nature  of  that  jurisdic- 
tion. I  wish  to  see  the  nature  and  extent  of  our  authority  over 
that  country,  and  the  character  of  the  government  which  is  to  bs 
established  there,  if  the  territory  be  in  the  Union. 

Mr.  HANNEGAN. — I  feel  no  hesitation  in  expressing  my  con- 
viction of  the  propriety  of  the  conclusions  of  the  Senator  from 
South  Carolina.  It  is  proper  that  the  views  of  all  sections  of  this 
body  should  be  made  known.  I  am  free  to  say  in  the  first  place, 
that  I  shall  vote  against  the  amendment,  and  that  I  am  utterly  at 
a  loss  to  perceive  Ihe  necessity  or  propriety  of  presenting  it  to  the 
Senate  in  existing  circumstances.  Why,  sir,  every  foot  of  Oregon 
leis  north  of  the  forty-second  parallel  of  latitude,  while  the  line  of  the 
Missouri  compromise,  the  principle  of  which  has,  I  believe,  on  all 
occasions,  been  conceded  by  the  South,  is  fixed  at  36°  30'.  Let 
me  ask  then,  is  there  a  sane  man  on  this  continent  who  can  be- 
lieve for  an  instant  that  slavery  can  reach  tho  shores  of  the  Paci- 
fic ?  What  would  they  do  with  their  slaves  in  that  region  ?  Why, 
sirj  there  is  as  much  likelihood  of  slavery  being  found  in  Oregon, 
as  there  is  that  it  can  bo  found  in  Canada  or  Maine.  This  is  well 
known — must  be  well  known  to  those  who  introduce  this  amend- 
ment for  the  purpose  of  testing  what  they  are  pleased  to  call  a 
great  principle.  But  it  is  only  an  abstract  principle,  and  can 
never  have  any  practical  application  to  this  case  for  tho  simple 
reason,  just  stated,  that  no  man  will  ever  attempt  to  carry  slaves 
into  Oregon.  Where  then,  I  ask,  is  the  propriety,  not  to  say  pa- 
triotism or  humanity,  of  presenting  a  question  which  must  pro- 
voke protracted  angry  debate,  in  an  hour  of  trial  like  the  present, 
at  a  moment  when  the  agonizing  cry  of  twenty  thousand  of  our 
brethren,  left  unprotected  in  that  distant  region,  pierces  our  ears? 
Those  American  citizens  who  have  been  permitted  to  remain  there 
without  our  protection,  are  surrounded  by  enemies  of  all  colors. 
The  Indians  are  not  their  only  foes.  The  Hudson's  Bay  Company 
are  not  the  friends  of  the  American  settlers  in  Oregon.  Already 
the  work  of  massacre  by  the  savages  has  begun.  Our  brethren 
appeal  to  us  for  aid.  They  call  upon  us  to  save  them  from  utter 
annihilation — our  action  must  be  prompt — it  must  be  decided. 
There  is  no  time  for  delay.  I  appeal,  then,  to  every  American, 
be  his  party  name  what  it  may.  and  I  ask,  will  you  turn  a  deaf 


672 


THE  OREGON  BJLL. 


I  Wednesday, 


car  lo  thoio  cries,  for  the  purpose  of  discussing  this  idle,  wild  and 
wicked  question — for  such  it  is,  in  all  circumstances,  and  now  pre- 
eminently so?  I  trust  that  a  vote  may  he  taken  at  once  and  the 
amendment  he  voted  down.  Every  centleman  who  mi<;ht  he  will- 
ing in  other  circumstances  to  give  his  support  to  the  Wilmol 
Proviso,  will  for  the  sake  of  justice  and  humanity  now  vote  alfir- 
matively  on  this  ap|ieal  foi>  the  people  of  Oregon. 

It  will  be  idle,  sir,  to  send  a  military  force,  without  at  'he  same 
lime  orfranizing  a  territorial  government.  Wlia!  !  will  you  send  a 
regiment  of  raw  recruits  to  that  remote  region  to  he  siiljcct  only 
to  the  orders  of  officers  of  their  own  selection  >  The  people  of 
Oregon  are  without  laws  for  the  prevention  and  pLUiishment  of  the 
greatest  crimes.  You  must  then,  in  .sending  a  military  force  to  aid 
them,  send  at  the  same  time  a  government  to  maintain  order  and 
i-.ontrol  that  military  force  itself.  I  fervently  trust,  sir,  that  the 
■Senate  will  take  immediate  action  on  the  hill  before  them. 

Mr.  BENTON. — Only  three  or  (our  years  ago,  the  whole  Uni- 
ted States  seemed  to  be  inflamed  with  a  desire  to  get  possession 
of  Oregon.  It  was  one  of  the  absorbing  and  agitating  questions 
of  the  continent.  To  obtain  exclusive  possession  of  Oregon,  the 
greatest  efforts  were  made,  and  it  was  at  length  obtained.  What 
next  ?  After  this  actual  occupation  of  the  entire  contineTit,  and 
having  thus  obtained  exclusive  possession  of  Oregon  in  order  that 
we  might  govern  it,  we  have  seen  session  after  session  of  Congress 
pass  away  without  a  single  thing  being  done  for  the  government 
of  a  country,  to  obtain  possession  of  which  we  were  willing  to  go 
to  war  with  England  I  Year  after  year  and  session  alter  session 
have  gone  by,  and  to  this  day  the  laws  of  the  TTnited  States  have 
not  been  extended  over  that  territory.  In  the  meantime  a  great 
community  is  growing  up  there,  composed  at  this  time  of  twelve 
tliousand  souls — persons  from  all  parts  of  the  world,  from  Asia  as 
well  as  Europe  and  America — and  which,  till  this  time,  have  been 
preserved  in  order  by  compact  among  themselves.  Great  efforts 
have  been  made  to  preserve  order — most  meritorious  efTorls.  which 
have  evinced  their  anxiety  to  maintain  their  own  reputation  and 
that  of  the  country  to  which  they  belong.  Their  efforts  have  been 
eminently  meritorious  ;  but  we  all  know  that  voluntary  govern- 
ments cannot  last — that  they  are  temporary  in  their  very  nature, 
3nd  must  encounter  rude  shocks  and  resistance  under  which  they 
fall.  Besides  the  inconvenience  resulting  frcuri  the  absence  of  an 
organized  government,  we  are  to  recollect  that  there  never  yet 
has  been  a  civilized  settlement  in  territory  occupied  by  the  abori- 
ginal inhabitants  in  which  a  war  between  the  races  has  not  occur- 
red. Down  to  the  present  moment  the  settlers  in  Oregon  had  es- 
caped a  conflict  with  the  Indians.  Now  the  war  between  them  is 
breaking  out  ;  and  I  cannot  resist  the  conviction  that  if  there  had 
been  a  regularly  organized  government  in  that  country  immediately 
after  the  treaty  with  Great  Britain,  with  a  military  force  to  sustain 
It — for  a  government  in  such  a  region  so  remote  would  be  nothing 
without  military  force — the  calamities  now  impending  over  that 
country  might  have  been  averted. 

But  no  government  was  established  ;  and  now  all  those  evils  are 
coming  upon  these  people,  as  every  body  must  have  foreseen  they 
would  come — and  in  the  depth  of  winter  they  send  to  us  a  special 
messenger,  who  makes  his  way  across  the  lloeky  mountains  at  a 
time  when  almost  every  living  thing  perished  in  the  snow  ;  when 
the  snow  was  of  such  a  depth  that  nothing  could  penetrate  to  the 
bottom  of  it.  He  made  his  wav  across,  however,  and  brings  those 
complaints  which  we  now  hear.  They  are  in  a  suffering  condition. 
Not  a  moment  of  time  is  to  he  lost.  If  the  bill  were  passed  this 
instant — this  morning,  as  1  hoped  it  would — it  would  reriuire  the 
utmost  degree  of  vigor  in  the  exeeulinn  of  it  lo  he  able  lo  send 
iroops  across  the  Rocky  mountains  before  the  season  of  dec])  snow. 
They  should  cross  the  mountains  before  the  month  of  September. 
1  was  in  hopes  then,  that  on  this  occasion  there  would  be  no. 
Ihing  III  delay  action — that  wc  should  all  have  united  in  deplo. 
ling  that  lor  years  the  proposilion  to  give  these  people  go- 
vernment and  laws  has  been  defeated  by  the  inlroduetion  <:['  a 
fpiestion  of  no  ]>raetieal  consequence,  but  which  has  had  the  ef- 
fect of  depriving  these  people  of  all  government,  and  bringing 
about  the  measures  which  have  taken  place,  and  in  which  the  be- 
nevolent missionary  has  fallen  in  I  ho  midst  of  his  labors.  All  the 
calamities  which  have  taken  place  in  that  country  have  resulted 
Irom  mixing  up  this  qneslion,  which  has  not  a  )i:i.rtielc  of  prai-ti- 
cal  value,  with  all  the  measures  which  have  been  introduced  for 
the  organization  of  a  government  in  Oregon.  All  the  laws  passed 
by  the  Congfess  of  the  United  States  can  have  no  effect  on  the 
ipiestion  of  slavery  there.  In  that  country  there  is  a  law  superior 
to  any  which  Congress  can  pass  on  the  subject  of  slavery.  There 
is  a  law^  of  elimalc,  of  ]Tosition,  and  of  nature  herself,  against  it. 
Besides,  Ihe  pco|ile  of  I  lie  country  itself,  by  far  the  largest  number 
of  whom  have  gone  out  from  slaveholding  States,  many  of  them 
from  the  State  of  Missouri,  m  their  organitt  law,  eoinmuniealed  to 
Congress  more  than  a  year  ago,  and  printed  among  our  doeuiuonls 
at  the  last  session,  declare  ihat  the  law  of  nature  is  against  slavery 
in  thai  region.  Who  could  think  of  carrying  slaves  lo  the  Lake 
of  the  Woods;  and  what  wouhl  anybody  think  of  a  law  of  Congress 
which  should  say  that  slavery  shimld  or  should  not  exist  there  ? 
I  w^as  in  hopes,  then,  that  this  bill  would  be  allowed  to  pass 
through  this  morning.  And  it  was  in  order  to  uvoiil  delay  that  I 
did  not  make  a  separate  bill  to  raise  the  regiments  necessary  to 
sustain  the  government  there.  I  did  hope  that  on  this  occasion, 
when  a  great  practical  measure  of  the  highest  importance,  which 
has  been  delayed  for  years,  and  which  delay  has  brought  on  tho 
massacres  of  which  wo  now  hear — this  question   which   has   al- 


ready produced  these  calamities,  would  not  have  been  introduced, 
and  that  some  other  opportunity  would  have  been  taken  for  its 
<liseussion.  There  will  be  opportunity  enough  for  its  introduction 
or  di.scnssion.MThe  doors  of  legislation  are  open  to  it  as  a  separate 
measure.  I  trust  even  now  that  this  question  will  not  be  per- 
mitted to  delay  our  action.  The  delay  of  a  few  days  here,  will 
he  the  delay  of  a  year  in  Oregon.  Delay  at  all,  now,  is  delay  not 
for  a  week  or  a  month,  but  for  a  year,  during  all  which  time  these 
calamities  will  continue. 

I  have  paid  some  attention  to  the  character  of  the  Indian  popu- 
lation beyond  the  Rocky  mountains,  both  in  Oregon  and  Califor- 
nia. I  have  availed  myself  of  all  possible  opportunities  of  becom- 
ing acquainted  with  that  race,  and  from  all  the  information  which 
I  have  been  able  to  obtain  respecting  them,  I  believe  that  their 
characteristics  are  essentially  different  from  those  of  the  race  on 
this  side  of  the  mountains.  They  have  not  that  detestation  and 
.scorn  of  labor  which  distinguish  the  Indians  on  this  side.  They 
are  more  docile,  more  tractable.  More  easily  taught  the  arts  of 
industry,  they  readily  accept  seeds  and  agricultural  implements. 
They  are  nol  unwilling  to  engage  in  the  art  of  cuUiv;uion  of  the 
soil.  The  missionaries  lived  in  peace  with  these  Indians,  and  the 
Indians  were  iheir  laborers;  they  have  done  the  immense  labor  of 
the  country,  which  they  were  taught  by  the  missionaries,  who 
have  benevolently  superintended  them  for  three  quarters  of  a  cen- 
tury On  account  of  these  traits  of  character,  I  regarded  these 
Indians  with  peculiar  interest,  and  I  had  hoped  that  we  would 
have  escaped  in  that  region  the  calamity  of  an  Indian  war.  I  am 
convinced  that  if  it  had  not  been  for  the  loss  of  the  Oregon  bills 
heretofore,  by  the  intervention  of  this  question,  which  has  twice 
sunk  them  upon  this  floor,  we  should  have  experienced  the  happi- 
ness of  making  a  settlement  on  the  coast  of  the  Pacific,  without 
beholding  the  red  man  and  the  white  man  shedding  each  others 
blood.  I  believe  that  if  v^'e  had  passed  these  bills  when  they  ought 
to  have  passed,  without  mixing  up  with  them  this  pestiferous 
<]uesiion,  we  would  have  escaped  the  calamities  of  the  present  dav, 
and  all  that  may  be  in  store  lor  us  growing  out  of  this  Indian 
war. 

With  respect  to  the  question  itself,  I  am  ready  to  meet  it  in 
every  shape  and  form.  Let  me  here  say,  that  no  gentleman  on 
this  floor  must  assume  to  be  the  Representative  of  the  fifteen 
slaveholding  States.  I  assume  to  represent  one — no  more  than 
one- — and  if  I  can  satisfy  my  constituents,  my  duty  is  performed.  I 
invade  no  gentleman's  bailiwick,  and  no  one  shall  invade  mine. 
Let  every  one  speak  for  himself.  This  federal  government  was 
made  for  something  else,  than  to  have  this  pestiferous  question 
constantly  thrust  upon  us  to  tho  interruption  of  the  most  important 
business.  I  am  willing  to  vote  down  this  question  at  this  moment; 
I  am  ready  to  take  it  up  and  act  upon  it  in  all  its  extent  and  bear- 
ings at  the  proper  time,  when  its  consideration  will  not  interrupt 
and  destroy  important  measures.  What  I  protest  against  is,  to 
have  the  real  business  of  the  country — the  pressing,  urgent,  crying 
business  of  the  country  stropped,  prostrated,  defeated,  by  thrusting 
this  question  upon  us.  We  read  in  holy  writ,  that  a  certain  peo- 
ple wore  cursed  by  the  plague  of  frogs,  and  that  tho  plague  was 
everywhere.  You  could  not  look  upon  the  table  but  there  were 
frogs,  you  could  not  sit  down  at  the  banquet  but  there  were  frogs, 
you  could  not  goto  the  bridal  couch  and  lift  the  sheets  but  there  were 
i'rogs  !  We  can  see  nothing,  touch  nothing,  have  no  measure  pro- 
posed without  having  this  pestilence  thrust  before  us.  Here  it  is, 
this  black  question,  for  ever  on  the  table  :  on  the  nuptial  couch, 
every  where  !  So  it  was  not  in  the  better  days  of  the  republic.  I 
lomemijcr  the  lime  when  no  one  would  have  thought  of  asking  a 
public  man  what  his  opinions  were  on  tho  extension  of  slavery, 
any  more  than  what  was  the  length  of  his  loot;  and  these  were 
happy  days,  which  although  gone  by,  are  remembered,  and  may, 
perhaps,  be  brought  back. 

We  ought  to  vote  down  this  amendment  as  a  thing  which  should 
not  be  allowed  to  interrupt  our  action.  Our  action  should  not  bo  de- 
layed a  single  moment.  This  cruel  war,  which  cannot  continue  in 
Oregon  without  extending  to  California,  must  be  stopped  without 
delay.  Oregon  and  California  must  be  saved  from  the  ilesolation 
of  an  Indian  war.  Whatever  opinions  may  be  entertained  upon  the 
subject  of  slavery,  let  us  agree  on  this  point,  that  we  will  give  law 
and  government  to  the  people  of  Oregon,  and  stop,  if  we  can,  the 
progress  of  ihis  Indian  war.  On  that  point,  1,  for  one,  am  ready  to 
vote  now.  As  to  the  slave  question,  I  am  ready  to  meet  it  to  the 
fullest  extent  at  a  proper  time. 

Mr.  HANNEG.\N  remarked  that  the  massacres  had  already 
commenced  in  California. 

Mr.  WESTCOTT.— Mr.  President :  1  do  not  claim  to  have 
any  particular  piiriialily  fur  what,  since  the  capitulation  of  5th  j^u- 
giist.  184t),  is  eallcil  Oregon,  over  any  other  portion  of  this  country, 
but  without  such  feeling,  I  will  not  yield  to  any  Senator,  in  sincere 
desire  to  see  a  proper  government  esiablished  there  as  soon  as 
possible,  and  all  the  protection  and  aid  that  the  peoplo  may  need 
promptly  alforded  by  the  United  States.  It  seems  to  me,  how- 
ever,  that  the  course  pursued  heretofore,  and  that  proposed  now 
to  bo  adopted,  as  well  as  much  of  what  has  been  said  now,  ,ind  at 
other  times,  and  elsewhere,  is  entirely  unnecessary  and  out  of 
place,  and  imputations  have  been  made  entirely  erroneous  in  point 
of  fact,  and  wholly  unjust.  The  honorable  Senator  from  Missouri, 
[Mr.  Bf.ntom,]  has  charged  that  the  question  of  slavery  in  Ore- 
gon has  been  "  thrust"  upon  the  countrv  horetofore,  and  upon  tho 
Senate  now  unnecessarily,  and  as  a  "firebrand,''  and  for  sinister 
purposes.    This  I  agree  to.    But  when  this  accusation  is  applied  to 


May  31.] 


THE  OREGON  BILL. 


673 


Sontliprn  men — to  Southern  Senators  acting  here,  or  elsewliere, 
nnil  especially  to  nivself,  (and  that  the  honorable  Senator  intends 
such  application  that  he  has  made  it  dislinolly  in  terms  elsewhere, 
than  hero,  I'lilly  proves,)  I  met  the  charse  by  an  appeal  to  the  jour- 
nal of  the  Senate  and  its  files,  as  furnishing  conclusive  record  evi- 
dence of  its  injustice. 

Sir,  this  question  of  slavery  as  connected  with  Oregon,  has  not 
been  "  tlirusi"  upon  the  country,  or  upon  the  Senate  by  the  South, 
or  by  any  Southern  Senator.  It  has  not  been  mixed  up  with  our 
national  politics  by  the  South.  The  South  has  acted  on  the 
defensive  throushout.  What  are  the  facts?  At  the  Inst  session 
of  Congress,  (January  IS,  1847.)  a  hill  in  eflfeot  precisely  the  same 
as  that  now  re[iorted  to  the  Senate  by  the  Committee  on  Territo- 
ries, and  now  under  consideration,  was  passed  by  the  House  and 
sent  here.  [Bill  number  671.]  It  was  referred  to  the  Judiciary 
Committee  on  thj  same  day.  Of  that  eoinmittee  I  was  a  mem- 
ber. On  the  25th  of  January,  1847,  the  committee  reported  the 
bill  back  to  the  Senate,  with  sundry  amendments.  On  the  29th  of 
January,  having  discovered  important  omissions,  I  moved  for  its 
recommitment  to  the  same  committee,  and  it  was  ordered.  I  had 
ascertained  that  the  laws  of  the  "  provisional  government"  of  Ore- 
gon which  it  had  adopted,  excluded  slavery,  and  that  some  were 
of  a  character  that  could  not  be  acl<nowledsed  by  the  United 
States.  On  the  10th  of  February,  1847,  the  committee  again  re- 
ported back  the  bill  fully  amended,  and  the  bill  and  amendments 
were  ordered  to  bo  printed.  The  bill  as  so  reported  remained  on 
your  files,  none  of  the  peculiar  liiends  of  Oregon  moving  to  take  it 
up  till  March  3,  1S47,  the  very  last  day  of  theslission  !  On  that  day, 
late  in  the  afternoon  it  was  called  up,  but  regnnling  it  too  lalo  to 
enter  upon  the  discussion  it  was  anticipated  it  would  cause,  I 
moved  to  lay  it  on  the  table.  The  ayes  and  noes  were  called  on 
that  motion,  and  it  was  sustained  by  a  vote  of  2G  to  18.  Surely 
the  South  are  not  responsible  for  the  delay  that  took  place  after 
the  bill  v,-as  reported  by  the  Judiciary  Committee. 

Mr.  President,  I  have  a  copy  of  the  House  bill  as  passed  at  the 
last  session  and  sent  to  the  Senate,  with  the  amendments  finally 
reported  by  the  Judiciary  Committee,  as  I  have  stated,  now  before 
me.  Sir,  that  bill — the  House  bill  of  last  session — '-thrust"  this 
question  of  slavery,  as  connected  with  Oregon,  before  the  Senate 
and  the  country.  It  contained  two  distinct  provisions  excluding 
slavery  from  Oregon  ;  prohibiting  in  effect  southern  citizens  from 
just  and  equal  [larticipation  in  tliat  portion  of  the  common  proper- 
ty of  the  confederacy.  The  first  prohibition  was  by  the  adoption 
by  it  in  express  terms  of  Nathan  Danes'  ordinance  of'  1787,  rcsi)ect- 
ing  the  northwest  territory.  Nobody  pn^tends  that  this  ordinance 
applies  to  Oregon,  our  title  to  which  originated  and  has  been  con- 
summated since  it  was  made.  Hence  tho  express  adoption  of  the 
ordinance  was  necessary  to  make  it  extend  to  Oregon.  Nor  did 
the  Missouri  compromise,  which  only  applied  in  terms  to  the  coun- 
try acquired  by  the  United  States  under  the  I.^ouisiana  treaty  extend 
to  Oregon.  Hence  other  exclusions  must  be  resorted  to.  The  se- 
cond prohibition  was  by  the  adoption  ol  the  temporary  association 
called  the  'provisional  government"  of  Oregon.  These  laws  pro- 
hibited slavery  in  Oregon  in  the  very  wi'rds  of  the  ordinance  of 
17S7.  I  repeat,  sir,  it  was  thus  this  question  was  "thrust"  upon 
the  South.     They  could  not  evade  or  avoid  it. 

Well,  sir,  the  Judiciary  Committee  at  the  last  session  struck  out 
the  provision  in  the  House  bill  that  adopted  the  ordinance  of  1787, 
retaining  that  which  adopted  the  laws  of  the  territorial  provisional 
government — but  added  amendments  to  it,  the  most  iinportant  of 
which  I  will  now  read  from  the  bill  as  reported,  and  which  I  hope 
will  be  printed  at  length  in  any  report  that  may  be  made  of  ray 
remarks.  [Mr.  W.  here  read  as  follows,  adding,  that  the,  words 
in  italics  were  the  amendments  adopted  by  the  Judiciary  Commit- 
tee, and  the  words  in  brackets  stricken  out.] 

"The  existing  laws  now  in  force  in  the  lerritory  of  Oiegon,  under  tlie  antborily  of 
Ibe  provisional  government  estabiisiietl  by  tlie  peojiietliereof.  iliall  con'-inuelo  be  x.ilid 
and  operative  therein,  so  far  as  tlie  same  be  not  incompatible  with  ihiL-  prutciples  and 
pi'ovisions  of  this  act,  [which  laws  shall  be  subjecr.  nevertheless,  lobe  altered,  modi- 
fieit.  or  repealed,  by  the  governor  end  legislative  assembly  of  the  said  territory  of  Ore- 
goo.]  utitit  the  end  of  thejirsl  session  of  the  tetristntirc  assembly  of  said  territory^ 
and  no  longer  :  Provided,  however.  That  no  provisions  of  suck  laics  or  of.  any  act 
hereafter  passed  by  the  legislative  assembly  of  said  territory  shall  be  construed  to 
restrict  citiiens  of  any  of  the  United  States,  or  of  any  territory  thereof,  from  im- 
migrating with  their  property  to,  and  settlinir  and  risitlin^  in,  said  territory,  and 
holding  and  possessing  their  property/  therein,  and  fully  participatimr  in  ail  the 
benefits,  advanto^rs,  privileges,  and  immunities  thereof  as  a  territory  of  the  Uni- 
ted States,  tcilh  such  property,  ttn  mi  rtjual  footing  with  citizens  of  any  of  the  Uni- 
ted States  ;  anil  all  latps  and  parts  of  lotos  which  shall  operate  in  restraint  of,  or 
detriment  to,  the  full  enjoyment  of  such  rights  are  hereby/  declared  to  be  null  and 
void ;  and  the  laws  of  the  United  States  are  hereby  extended  over  and  declared  to  be 
in  force  in  said  lerritory,  so  far  as  the  same,  or  any  jnovision  thereof,  may  be  appli- 
cable." 

Mr.  LEWIS.— What  bill  does  the  Senator  read  from  ? 

Mr.  WESTCOTT.— From  the  bill  reported  by  the  Senate  Judi- 
ciary Committee  last  session,  and  from  section  12  of  that  bill.  In 
lieu  of  the  provisions  adopting  the  ordinance  of  1787,  the  bill  was 
amended  by  inserting  clauses  securing  the  habeas  corpus,  trial  by 
jury,  equal  representation,  compensation  for  private  property  ta- 
ken for  public  use,  &c.  &c.,  borrowed  from  the  constitution  of  the 
United  States,  and  from  that  ordinance,  and  the  bill  of  rights  of 
different  State  constitutions. 

Sir,  this  is  all  the  foundation  for  the  accusation  made  here  and 
elsewhere,  that  the  Judiciary  Committee  at  the  last  session  "thrust" 
this  question  before  the  country  and  the  Senate.  I  have  depreca- 
ted the  excitement  sought  to  be  created  on  this  sulijeot  throughout 
the  country,  and  especially  the  mixing  it  up  with  the  Presidential 
election,  as  much  as  any  man.  I  foresee  that  the  most  alarming  con- 

30th  Cong, — IsT  Session — No.  85. 


sequences  are  to  grow  out  of  this  bad  measure,  contrived  by  bad 
men,  and  for  bad  purposes,  I  proposed  these  amendments  in  ths 
committee.  They  received  thedeliberate  consideration  and  appro- 
val of  the  distinsiiished  Senator  from  Georgia,  who  sits  behind  me, 
[Mr.  Berbien,]  and  of  the  late  distinguished  cliairman  of  that 
committee,  the  Senator  from  Arkansas,  since  deceased,  [Mr.  AsH- 
lEY.]  and  though  not  acquiesced  in  by  two  members,  were  adopt- 
ed.  I  proposed  them  with  a  view  of  m"eting  tliis  queition  in  a 
liberal  spirit.  I  hope  these  amendments  are  not  mi-understood. 
They  do  not  estahlisli — they  do  not  '-force"  slavery  upon  Oregon. 
They  leave  it  free  to  her  people  when  she  forms  her  State  govern- 
ment tn  exclude  it  if  they  wish.  They  do  not  fetter  tlitj  will  of  her 
people.  Nay,  thoy  leave  the  question  raised  by  ihe  opponents  of 
slavery,  -ft-hether  slaves  are  to  be  regarded  as  "properly"  out  of 
the  slaveholding  States  and  in  the  territories  of  the  United  States 
open  to  the  decision  of  the  Judiciary.  Befora  I  submitted  thfm 
to  the  committee  I  consulted  with  several  Senators,  antl  partiou-  ' 
lirly  with  Senators  from  my  section  of  the  Union,  and  assented 
to  corrections  of  phraseology  suggested  by  them,  so  as  to  render 
the  amendments  as  unobjectionable  as  possible.  The  honorable  Se- 
nator from  South  Carolina  [Mr.  Calhoun,]  will  bear  witness  that 
I  submitted  them  to  him,  and  after  a  careful  examination  of  them 
he  expressed  to  me  his  unequivocal  concurrence  in  them,  and  gave 
the  opinion  that  their  adoption  would  be  entirely  satisfacliory  to 
the  slaveholding  States. 

Mr.  CAI.HOUN  signified  his  assent. 

Mr.  WESTCOTT.— And,  sir,  I  do  not  hesitate  to  say— for  I 
feel  fully  authorized  to  declare  from  the  declarations  of  every  south- 
ern citizen  who  has  conversed  with  me,  or  who  has  w-ritten  to  ma 
on  this  subject,  that  these  provisions  in  the  twelfth  section  of  the 
bill  as  amended  by  the  Judiciary  Committee  at  last  session,  whh 
the  "proviso"  I  have  just  read,  w-ill.  if  adopted  in  this  and  other 
similar  cases,  forever  quiet  this  mischievous  question,  and  that  the 
adoption  of  them  is  all  that  the  South  asks,  or  desires,  or  will  ever 
ask  with  respect  to  any  lerritory  now  or  hereafter  acquired  by  the 
United  States.  I  repeat  it  is  all  they  ask,  and  this  much,  rely  upon 
it,  they  w-iU  insist  upon.  Read  the  section  as  amended  carefully, 
and  you  will  find  that  the  sum  and  substance  of  it  is  merel}'  that  it 
secures  the  equal  and  common  use  of  the  common  property  to  all 
the  owners.  Was  the  proposition  of  this  proviso  in  lieu  of  the 
odious  exclusion  of  the  south  from  participation  in  the  benefits  of 
this  territory — the  double  exclusion  created  by  the  ordinance  and 
the  territorial  laws  adopted  by  the  House,  "thrusting"  this  ques- 
tion of  slavery  before  the  Senate  ? 

With  respect  to  the  bill  now  under  consideration,  it  is  in  effect 
precisely  like  the  House  bill  of  last  session.  Both  recognize  and 
adopt  the  principle  of  the  Wilmot  Proviso,  for  both  exclude  sla- 
very from  Oregon  by  force  of  Congressional  legislation.  The 
laws  of  the  provisional  government  ol  Oregon  are  sanctioned  and 
confirmed  by  both  bills,  and  they  prohibit  slavery.  I  will  not  enter 
into  the  discussion  as  to  the  chavacter  and  authority  of  the  tempo- 
rary provisional  government  of  Oregon  now.  By  these  bills  it  is 
not  merely  admitted  that  such  association  had  the  power  to  ex- 
clude slaveholders  wiih  slaves  from  settling  in  Oregon,  but  super- 
added to  such  admission  Congress  exercises  a  like  power,  in  con- 
firming and  adopting  these  laws.  Not  content  to  leave  the  ques- 
tion of  the  power  of  the  provisional  government  to  rest  upon  its 
own  strength,  it  is  by  these  bills  sought  to  aid  it  by  the  asserted 
power  of  Congress  to  exclude  slavery.  It  asserts  first  the  power 
of  Congress,  and  secondly  the  power  of  the  Territorial  Legisla- 
ture to  exclude  slavery.  * 

.  If  the  Senator  will  allow  me,  I  will  have  read  by  the  Secretary 
from  the  amended  organic  laws  of  the  provisipnal  government  of 
Oregon  adopted  in  July,  1845.  They  are  in  vol.  7.  Senate  docu- 
ments, 1st.  Session  29th  Congress,  document  352.  The  Secretary 
will  now  read  the  extracts  marked  from  pages  2,  3,  and  5,  of  that 
document.  They  were  laid  before  the  Senate  May  21st,  1846. 
and  printed  by  its  order. 

The  Secretary  read  as  follows  : 

Sec.  4.  There  shall  be  neither  slavery  nor  involnntary  sen-itndein  said  territory, 
otherwise  than  for  the  punishment  ot  crimes  whereof  the  party  shall  have  been  duly 
convicted. 

Sec.  0.  The  tiouse  of  representatives  shall  have  power  to  'ay  out  the  territory  Into 
suitable  districts,  and  apportion  the  representation  in  their  own  body  ;  they  shall  have 
power  to  pass  laws  for  raising  a  revenue,  either  by  Ihe  levying  and  collecting  of  taxed 
or  the  imposing:  license  on  merchandise,  ferries,  or  other  objects  ;  to  ojien  roads  and 
canals,  either  Ijy  the  levying  a  road  lax  or  the  chartering  of  companies;  to  regulate 
tile  intercourse  of  the  people  with  the  Indian  tribes  ;  to  establish  post  oflices  and  post 
roads  ;  to  declare  war,  suppress  insurrection,  or  repel  invasion  ;  lo  provide  for  t  e  or- 
ganizing, .arming,  and  disciplining  the  militia,  and  for  calling  fortli  the  militia  lo  exe- 
cute the  laws  ot  Oregon  ;  to  n;is5  laws  to  regulate  the  introtiuction,  manufacture,  or 
sale  of  ardent  spirits  ;  to  regulate  the  currency  and  internal  police  of  Ihe  country  ;  to 
create  inferior  tribunals  and  interior  otEcers.  necessary,  and  not  provided  for  by  these 
articles  of  compact ;  and.  generally,  to  pass  such  laws  to  promote  Ihe  general  welfare 
of  the  people  of  Oregon,  not  contrary  to  the  spirit  of  this  instrument ;  anti  all  powers 
not  hereby  expressly  delegated  remain  with  the  people. 

******** 

Sec.  I.  Anypersou  now  holding  or  hereafter  wishing  to  establish  a  claim  to  land  in 
Ibis  territory,  shall  designate  the  extent  of  his  claim  by  natural  boundaries  or  by  mark* 
at  the  corners  and  upon  the  lines  of  such  claim,  and  have  the  extent  and  boundaries 
of  said  claim  recorded  in  the  office  of  Ihe  territorial  recorder,  in  a  book  lo  be  kept  by 
him  for  that  purjiose,  within  Uvenly  days  from  the  time  of  markinc  said  claim  :  Pro- 
vided, That  those  who  shall  be  already  in  possession  of  lands  shall  be  aliow-eil  twelve 
months  from  the  passiige  of  this  act  to  file  a  description  of  his  claim  in  Ihe  recorder'! 
oliice  :  .Ind  provided  further.  Thai  Ihe  said  claimant  shall  slate  in  his  record  Ibe 
size,  shape,  and  locality  of  such  claim,  and  give  the  names  of  the  adjoining  claim- 
ants ;  and  rhe  recorder  may  require  tlie  applicant  for  such  record  to  be  made  to  an- 
s^ver,  on  his  oath,  touching  the  facts. 

Sec.  2.  All  claimants  shall,  svithin  six  months  from  the  time  of  reco  -e  their 
claims,  make  peimanent  improvemenu  apon  the  same,  by  bnildiog  or  e-  •  .-id 


674 


THE  OREGON  BILL 


[Wedkesday, 


also  become  an  occlJpfl'ttapon  said  claim  within  tn\6  y^Itrfroln  the  date  of  such  record, 
or,  in  case  not  occupied,  the  person  holding  'aid  claim  shall  pay  into  the  treasury  the 
•n'ra  of  five  dollars  annually  ;  and  in  case  of  failure  to  occupy,  or  oil  failure  of  pay- 
ment of  the  sum  above  stated,  the  claim  shall  be  considered  as  abandoneil  .  Provided, 
That  no  non-resident  of  this  territory  shall  have  the  benefit  of  this  law  ;  .hid  prnJ-id- 
xd  furthrr.  That  any  resident  of  this  territory,  absent  on  his  private  business  for  two 
yearr.  may  hold  his  claim  by  paying  five  dollars  annually  to  the  treasury. 

Ssr:.  3^  No  individual  shall  be  allowed  to  hold  a  claim  of  mot«  tliau  one  aquare 
mile,  or  six  hundred  and  forty  acres,  in  a  square  or  oblong  form,  according'  to  the  na* 
tural  situation  of  the  premises  ;  nor  shall  any  individual  be  allowed  to  iiold  inoie  than 
I  ic  claim  at  the  same  time.  Any  jierson  complying  v.  ilh  the  piovisuMi>  uf  these  ordi 
nances  shall  be  entitled  to  the  same  recourse  af^aiiist  trespass  us  in  oiIum  cases  by  law 
provided. ' 

?Ec.  -1.  Partnerships  of  two  or  more  persons  shall  be  allowed  to  take  up  a  trai-l  ot 
land  not  exceeding  six  hundred  and  forty  acres  to  each  [lerson  in  said  partnership,  sub- 
ject to  all  the  provisions  of  this  law.  And  whenever  such  partnership  is  dissolved,  the 
members  shall  record  tiie  particular  parts  of  said  tract  as  may  be  allotted  to  him  :  h'ro-^ 
ndcd,  That  no  member  of  said  partnership  sliall  hold  a  separate  claim  at  the  time  of 
the  existence  of  said  partnership. 

Sli(  .  .'i.  The  boundary  lines  of  all  claims  shall  hereafter  coiilbrm  as  near  as  may  be 
to  the  cardinal  points. 

The  amendment  of  the  Senator  from  New  Harapshiri^  is  there- 
fore superfluous,  for  slavery  is  excUideil  from  Oregon  without  it, 
by  both  bills. 

Mr.  HALE.— I  must  inform  the  Senator  front  Florida  that  my 
nmendment  was  copied  froin  the  House  bill  of  this  year,  the  same 
as  the  House  bill  of  last  year,  and  that  it  is  not  in  the  Senate  hill 
now  under  consideration. 

Mr.  WESTCOTT.— I  understand  that  very  well.  It  is  |ire- 
cisely  what  I  have  stated.  What  I  say  farther,  however,  is,  that 
the  honorable  Senator  must  have  mistaken  the  eftect  of  the  t^enate 
bill,  for  without  his  amendment  it  contains  the  same  prohibition  of 
slavery  in  Oregon  by  the  adoption  of  the  laws  of  the  provisional 
government,  and  hence  there  is  no  necessity  for  his  amendment  to 
carry  out  his  object. 

Mr.  HALE. — Will  the  Senator  allow  me  one  word?  The  12th 
section  of  the  bill  now  under  consideration  I  conceive  does  not 
cover  the  whole  ground  contained  in  my  amendment.  There  may 
be  some  question  at  any  rale  on  that  point.  The  House  bill  of 
last  session,  and  the  House  bill  of  this  session  contain  the  amend- 
ment 1  otfer. 

Mr.  WESTCOTT.— What  I  assert  is  that  in  one  of  the  Terri- 
torial laws  of  Oregon,  called  the  organio  laws,  enacted  in  1N4."), 
before  the  treaty,  by  what  is  called  the  "provisional  government," 
which  has  neverbeen  authorized  or  sanctioned  by  Congress  ;  what  I 
say  is,  in  one  of  these  laws  laid  before  the  Senate  at  last  session,  and 
printed  by  order  of  the  Senate,  and  contained  in  the  voluines  of 
Senate  do"cuments,  there  is  a  provision  expressly  excluding  slave- 
ry forever  in  Oregon.  I  have  not  the  volume  of  docuinents  at 
hand  to  refer  to.  I  will  get  it  and  refer  lo  the  law  as  soon  as  I 
have  the  opportunity.  I  am  satisfied  Senators  know  the  fact  to  be 
as  I  state.  The  Oregon  Territorial  law  is  so.  By  the  12ih  sec- 
tion of  this  bill  now  under  consideration,  these  laws  are  expressly 
adopted,  and  sanctioned,  and  confirmed  by  Congress.  These  laws, 
printed  by  order  of  the  Senate,  were  sent  here  by  this  provisional 
government.  They  are  authenticated  as  correct.  Now,  I  ask  Se- 
nators whether  this  bill  does  not  "thrust"  this  slavery  question  be- 
fore the  Senate  by  proposing  to  adopt  and  confirm  these  laws  as 
valid  and  in  force,  now  and  hereafter?  1  ask  if  the  adoption  of 
these  laws  by  Congress  is  not  as  virtual,  as  complete,  and  as  an 
effectual  prohibition  of  slavery  in  Oregon,  as  would  be  effected  by 
the  adoption  of  the  ordinance  of  '87  or  the  express  adoption  in  a 
direct  mode  of  the  terms  of  the  Wilmot  Proviso  ? 

Sir.  1  agree  with  what  was  said  by  my  honorable  friend  from 
Indiana,  [Tvir.  Hannegan,]  in  relation  to  this  (iues,tion  nrjt  being 
with  respect  to  Oregon  of  any  practical  importance.  I  coincide 
with  him  as  to  the  improbability  of  slaves  ever  being  taken  to  that 
region  and  held  there. 

Mr.  HANNEGAN. — There  are  not  ten  slaves  in  the  whole 
territory,  and  never  will  be,  with  or  without  any  restriction. 

Mr.  WESTCOTT.— I  have  no  question  of  the  fact  as  slated  by 
the  Ssnator,  and  though  practically  the  proposed  exclusion  may 
be.,pf  little  consequence  to  the  South,  yet  it  is  for  that  very  reason 
that  1  feel  bound,  under  the  circumstances,  to  resist  the  course  pro- 
posed by  those  who  are  inimical  to  her  institutions.  Why  is  this 
thing  attempted  lobe  thrust  upon  us?  Why,  if  there  is  no  ne- 
cessity for  the  exclusion  of  the  South,  is  the  exclusion  forced  into 
our  legislation.  It  is  for  one  of  two  objects  equally  objectionable, 
and  alike  pernicious  in  character.  It  is  either  to  get  an  entering 
wedge — to  establish  a  precedent  to  be  followed  in  other  cases 
where  the  exclusion  would  have  practical  effect,  injurious  to  the 
South,  or  it  is  to  perpetrate  a  wanton  outrage,  to  inflict  a  gratui- 
tous insult  upon  the  South,  and  excite  her  to  courses  thai  men  are 
apt  to  adopt  when  outraged.  This  attempt  to  stain  your  legis- 
gative  records  with  a  reproach  to  her  by  this  odious  exclusion,  is 
uncalled  for  by  any  conduct  of  the  South,  or  of  her  Senators  or 
Representatives,  or  of  her  politicians.  They  have  not  sought  to 
force  their  institutions  upon  the  northern  or  western  States.  From 
the  outset  they  have  been  satisfied  to  be  let  alone,  and  to  let  things 
take  their  natural  course.  In  territories  where  slavery  would  not 
probably  be  adopted,  thoy  have  not  deemed  it  necessary  to 
insist  upon  a  valueless  paper  jirivilege.  They  have  only 
insisted  upon  the  principle  of  r.on-interference.  But  when  it 
16  sought  to  establish  in  Oregon,  unnecessarily,  without  any  one 
reason  requiring  it,  an  odious  precedent  for  all  time  to  como,  and  as 
a  principle,  her  representatives  here  would  be  recreant  to  their  duty 
if  they  did  not  resist  suoh  a  course.  By  this  exclusion,  slavehold- 
ers are   held  up  as   tainted,  as  leprous,  as  unfit   to  live  in  Oregon 


with  slave  property.  They  are  prohibited  from  enjoying  the  ben- 
efits of  that  common  property  of  the  confederacy ,  on  an  equal  foot- 
ing with  the  citizens  of  the  non-slaveholding  States.  The  proviso 
I  proposed  at  last  session  as  a  substitute  for  this  invidious  and  in- 
sulting exclusion,  recognizes  our  equal  rights,  and  so  far  as  our 
legislation  here,  or  the  legislation  of  the  territory,  can  secure  them, 
it  3oes  so,  subject  of  course  to  judicial  decision  as  to  the  powers 
of  Congress,  and  the  powers  of  the  territorial  legislature  on  this 
subject,  and  which  are  eminently  judicial  questions.  The  amend- 
ment I  propose,  I  repeat,  is  all  the  South  desire,  and  it  seems  to  m« 
unless  there  is  a  determination  to  encroach  upon  her  rights  and 
outrage  and  insult  her.  the  concession  made  by  it  will  be  met  in  a 
corresponding  spirit. 

But,  Mr.  President,  there  is  another  consideration  to  which  I 
would  call  the  attention  of  the  Senate  as  important  with  reference 
to  this  bill.  In  my  judgment  the  bill  as  reported  to  the  Senate, 
is,  in  its  details,  exceedinglv  objectionable.  I  have  understood  that 
its  provisions  have  been  borrowed  from  the  acts  organizing  the 
territories  of  Iowa  and  Wisconsin.  They  may  have  been  appli- 
cable to  those  territories — interior  countries — and  yet  be  very  inap- 
plicable and  inappropriate  to  a  country  bordering  on  the  sea  up- 
wards of  four  hundred  miles,  and  \\'hich  must  have  ere  long  consi- 
derable foreign  commerce — a  country  as  dissimilar  from  Iowa  and 
AV'isconsin  as  it  can  well  be,  and  requiring  different  laws. 

The  .Judiciary  Committee,  when  the  House  bill  was  referred  to 
them,  examined  its  details  attentively.  They  spent  two  or  three 
days  in  correcting  and  amending  what  they  regarded  as  defects, 
and  to  render  it  suitable  to  Oregon. 

They  struck  out  the  proviso  to  the  first  section  referring  to  In- 
dian lands,  for  the  reason  that  although  proper  in  a  territory  where 
the  Indians  occupied  lands  by  treaty,  it  was  not  proper  in  Oregon, 
and  espeoiallv  in  connection  with  other  proposed  legislation  as  to 
lands  in  Oregon  by  the  same  bill,  and  by  another  important  bill 
reported  from  the  Committee  on  Public  Lands  by  the  Senator 
from  Illinois,  [Mr.  Breese,]  not  now  in  his  seat. 

Various  amendments  were  reported  by  the  Judiciary  Committee, 
relating  lo  the  duties  of  the  federal  territorial  officers,  and  the 
powers  and  duties  of  the  legislature  and  judiciary  demanded  by  the 
geographical  position  of  Oregon  ;  by  the  fact  of  many  of  her  inhabi- 
tants being  foreigners — claimants  under  the  Hudson's  Bay  Company, 
and  others  having  rights  of  a  peculiar  character,  acquired  under  the 
treaty  of  1846.  The  great  distance  of  Oregon  from  the  most  remote 
western  settleiuents  required  peculiar  legislation,  adapted  to  the 
exigencies  this  circumstance  might  occasion.  Iowa  and  Wi.sconsin 
had  been  long  owned  and  possessed  exclusively  by  the  United 
States,  and  were  peopled  by  our  own  citizens,  while  Oregon 
had  been  recently  ill  the  joint  occupation  of  Great  Britain  and 
the  United  States,  and  many  British  subjects  residing  there, 
who  desired  to  become  citizens  of  the  United  States.  I  pre- 
sume Iowa  and  Wisconsin  had  no  courts  of  admiialty,  and 
never  can  have  such  courts,  until  the  principle  broacheti  with- 
in a  few  years  past  ,  that  the  admiralty  jurisdiction  extends 
wherever  it  is  damp  is  established  by  the  Supreme  Court  of 
the  United  States,  as  a  part  of  the  novel  code  which  may 
be  created  ere  long  under  its  decisions.  But  it  will  be  found, 
I  imagine,  that  Oregon,  with  her  extensive  Pacific  coast,  and  her 
waters  flowing  into  Uiat  ocean,  and  the  valuable  foreign  commerce 
flic  must  have  in  the  course  of  a  few  years,  must  also  have  admi- 
ralty courts  establi.shed  there.  The  amendments  reported  by  the 
.ludieiary  Committee  contain  all  the  legislation  that  it  occurred 
to  them  was  necessary  as  to  these  various  subjects.  But  for  their 
alterations  made  with' respect  lo  the  duties  of  the  oflicers  of  the 
territorial  government  in  its  organization,  I  donbt  if  all  of  the  dif- 
ficulties that  would  arise  under  Uie  original  House  bill,  could  be  ob- 
viated by  the  most  judicious  officers  j'ou  could  send  Uietc.  No  ex- 
pedients they  could  resort  to,  would  prevent  such  difl'icultias, 
and  consequently  dissatisfaction  would  ensue.  The  amendments 
propose  provisions  regulating  the  claims  of  the  Hudson's  Bay  Com- 
pany, and  of  individual  settlers  to  real  estate  arising  under  the 
treaty.  There  are,  also,  provisions  regulating  the  proper  proceed- 
ings "to  be  adopted  by  the  foreigners,  denizens  of  Oregon,  who 
wish  to  become  cilizeiis  of  the  United  Stales,  and  other  alterations, 
modifications,  and  additions  to  the  House  bill,  the  result  of  three 
days  assidious  labor  by  the  committee,  with  no  purpose  except  to 
give  them  a  good  govcrnmenl.  The  di(Ticulties''which  have  occur- 
red in  Congress  respecting  expenditures  and  arrearages  of  appiti- 
prialions  for  territories  are  all  provided  ag.ainst  by  these  amend- 
ments.  So,  loo,  proper  ]>rovisions  which  the  original  bill  does  not 
contain  for  the  prosecution  and  punishment  of  crimes  against  tho 
federal  government  and  against  tho  local  government  also  aro 
maile. 

To  correct  all  the  errors  and  blunders  of  the  original  bill  in  the 
Committee  of  the  Whole  of  the  Senate  would  take  several  days, 
and  be  attended  with  a  great  deal  of  time,  and  occasion  delay.  I 
shall  ilicrefore  inove  to  suhsiilute  the  judiciary  bill  of  last  session, 
as  amended,  lor  this  bill,  unless  this  bill  is  committed  for  the  pur- 
pose of  amendments  being  made  simUar  to  those  reported  by  the 
Judiciary  Cnnmiiltce. 

As  to  iiii  early  decision  of  this  matter,  there  is  not  a  Senator  on 
this  floor  who  IS  more  anxious  for  it  than  I  am,  if  that  decision  is 
a  just  and  wise  decision.  I  wish  the  speedy  establishment  of  a 
government  in  Oregon,  founded  on  just  prineijdes.  I  do  not  wi$h 
a  partial  and  unjust,  and  withal  a  bungling,  ill-arranged  govern- 
ment fastened  upon  her.  Instead  of  this,  I  desire  a  government 
organized  under  which  she  will  prosper,  and  ere  long  become  one 
of  the  independent  sovereignties  of  the  Union. 


May  31. 


THE  OREGON  BILL. 


675 


Mr.  BRIGHT.— The  eommittee  have  no  disposition  to  press 
this  subject,  proviJed  Senators  are  not  prepared  to  act  upon  it  to- 
day. I  think  the  Senator  from  Florida  misapprehends  the  12th 
section  of  the  bill.  With  a  view  of  enabling  Senators  to  consider 
the  matter,  and  believing  that  it  will  expedite  the  passage  of  the 
bill,  I  will  move  that  it  be  made  ihe  special  order  of  the  day  for 
to-morrow,  one  o'clock. 

Mr.  WESTCOTT.— My  motion  to  substitute  the  bill  reported 
as  amended  at  last  session  by  the  Judiciary  Committee,  I  presume 
is  before  the  Senate.  Senators  suggests  to  mo  to  modify  it  by 
moving  to  strike  nut  all  after  the  enacting  clause  of  this  bill  first, 
and  then  move  to  insert  the  amended  bill,  and  I  will  do  so;  and  as, 
the  consideration  of  the  bill  is  to  be  postponed,  I  move  that  the 
amendment  be  printed. 

Mr.  BRIGHT.— I  hope  that  course  will  not  In-  taken.  Wede- 
sire  early  and  decisive  action.  The  printing  cannot  be  bad  in  lime 
for  to-morrow. 

Mr.  HALE.— The  amendment  proposed  by  the  Senator  from 
Florida  is  not  m  order.  My  amendment  was  first  proposed,  and 
is  now  proposed  while  it  is  pending,  to  strike  out  the  whole  after 
the  enacting  clause. 

Mr.  WESTCOTT.— I  desire  no  advantage  in  anyvvay.  I  will 
give  notice  now,  that  on  to-morrow,  when  this  bill  is  taken  up,  1 
shall,  at  a  proper  time,  otler  the  amended  bill  as  a  substitute,  either 
section  by  section  in  detail,  or  as  a  whole,  and  in  the  meantime  I 
will  presently  move  to  prim  il.  I  am  assured  the  printing  can 
be  done  by  to-morrow. 

Mr.  HALE. — I  suggested  Monday  week  as  a  suitable  day  fur 
the  consideration  of  tli'is  bill,  because  it  is  not  likely  from  c-ircum- 
stances  known  to  Senators,  next  week  there  will  be  a  full  Senate. 
1  have  now  a  word  to  say  with  regard  to  the  propriety  of  intro- 
ducing this  amendment  at  this  time.  The  honorable  Senator  from 
Indiana  who  sits  nearest  to  me,  has  said  that  there  is  no  sane  man 
in  the  United  States,  who  can  imagine  the  pmbability  of  the  oc- 
currence of  the  evil  against  which  the  amendment  proposes  to  pro- 
sent  a  barrier.  I  can  tell  him  that  there  is  one  man,  sane  or  iu 
sane,  who  does  not  apprehend  that  evil;  I  believe  that  this  amend- 
ment is  absolutely  necessary.  It  is  not  a  mere  abstraction.  I 
could  not  undertake  to  say  whether  it  is  pestiferous  or  not;  but  it 
has  meaning,  vitality,  and  energy  in  it.  It  means  something,  and 
it  will  ellect  something.  With  all  deferoncc  to  the  better  judg. 
mciit,  long  experience,  and  great  ability  of  the  honorable  Senator 
from  Indiana,  I  must  say  I  have  fell,  pained  to  find  opposition  to 
this  measure  coming  from  the  State  of  Indiana — to  tind  her  Sena- 
tors ranked  amongst  the  opponents  of  this  principle.  II  1  had  been 
called  upon  to  point  to  one  of  the  proudest  monuments  ever  raised 
to  the  wisdom  and  philanthropliy  of  human  legislation,  I  woidd 
have  pointed  to  the  State  of  Indiana,  and  called  an  admiring  world 
to  look  upon  her  proud  position,  her  gloriou^carcer,  her  more  glo- 
rious prosperity,  her  intelligent  statesmen,  her  industrious  popula- 
tion, and  her  ample  means  in  everything  that  gives  dignity  to  a 
people.  I  would  have  pointed  to  all  that,  asoneof  the  most  enduring 
monuments  of  the  wisdom,  patriotism,  and  foresiabt,  of  ihe  ordi- 
nance of  '87.  I  would  have  said,  sir,  that  Mr.  Jctl'erson  needs  no 
"monumental  stone''  to  mark  his  fame,  or  tell  his  history  to  pos- 
terity, so  long  as  the  proud  Stale  of  Indiana  lives  and  her  history 
is  known  to  the  world  '  And  when  I  see  the  Senator  from  Indi- 
ana coming  forward  and  repudiating  the  application  of  this  princi- 
ple to  the  territory  which  we  acquire,  it  seems  to  me  as  if  the 
children  had  fors'otten  the  mother  who  nourished  and  brought 
them  up  ;  it  appears  to  me  as  if  they  had  forgotten  the  true 
foundation  of  their  highest  prosperity  and  their  proudest  hope. 
We  are  told  by  another  Senator,  whose  voice  I  was  sorry  to  hear 
utter  such  language,  that  this  is  not  the  time  for  its  di.scussion. 
He  is  ready,  he  says,  to  meet  this  question,  I  only  wish  that  he 
had  told  the  country  how  he  would  have  met  il  ! — hut  that  this  was 
not  the  time  for  its  consideration.  "This  is  not  the  time  !"  When 
will  the  time  come  '.  I  have  heard  that  ery  so  long  that  I  am 
tired  of  it.  I  heard  it  in  New  Hampshire  over  and  over  again.  I 
have  heard  strong  anti-slavery  men,  Wilmot  Proviso  men,  declare 
that  the  Imie  has  not  arrived.  It  reminds  me  of  one  of  the  im- 
mense operators  m  the  land  speculations  of '37  and  '.'iS.  He  gave 
his  notes  for  hundreds  and  thousands  of  dollars,  but  when  called 
upon  at  the  period  of  their  falling  due  for  payment,  his  reply  was 
that  he  was  williuCT  to  pay  the  whole,  "but  the  time  had  not  yei 
come."  I  ask  in  Heaven's  name,  when  shall  the  time  come  when 
it  will  bo  proper  and  legitimate  for  this  government  to  take  action 
upon  the  subject  !  There  have  been  those  in  years  long  gone  by, 
who  standing  upon  the  moral  circumstances  of  the  nation,  have 
descried  the  dark  cloud  that  was  threatening  to  over  spread  the 
whole  country,  but  yet  they  have  told  us,  "the  time  has  not  yet 
come."  The  tocsins  of  alarm  have  been  again  sounded,  and  again 
we  continually  hear  the  cry,  "the  time  has  not  yet  coine."  What 
do  we  now  see  ?  The  little  cloud  at  first  no  bigger  than  a  man's 
hand,  has  overspread  the  whole  land  with  its  blackness,  and  the 
crushings  and  thunderings  of  the  storm  are  heard  drowning  the 
cry  of  liberty  ;  and  yet  we  are  told  in  the  language  of  the  song — 

"  There's  a  good  time  coming — wait  a  liule  longer!" 

When  will  the  "good  time"  come  ?  You  are  about  to  establish  a 
territorial  goyernment  over  this  eountry ,  giving  it  civil  institutions, 
and  impressing  upon  it  legislation  whion  is  to  characterize  and 
mould  Its  progress  through  all  future  time.  We  are  told  in  rela- 
tion to  this  country,  not  that  the  principle  proposed  to  be  applied 


to  it  is  an  unjust  one,  but  that  its  recognition  at  the  present  time 
is  uncalled  for  and  inopportune.  Sir,  I  know  no  time  but  the 
present.  There  have  been  opportunities  presented,  but  they  are 
past  and  gone  forever.  With  respect  to  the  future,  God  only 
knows  what  is  in  store  for  us.  In  His  providence  he  has  given  us 
the  present  moment,  and  I  know  no  time  or  moment  more  appro- 
priate for  the  application  of  this  prineiple  given  to  us  to  act  upon, 
than  the  present. 

It  was  said  by  the  honorable  Senator  from  South  Carolina,  that 
this  measure  was  insulting  to  one-half  of  the  States  of  the  Union. 
Was  the  adoption  of  the  ordinance  of '87  an  insult  V  This  amend- 
ment which  1  have  the  honor  to  present,  only  adopts  the  provisions 
of  the  ordinance  of  '87,  which  had  the  sanction  of  a  very  large  ma- 
jority of  those  enlightened  men  who  were  engaged  in  constructing 
the  fabric  of  this  government.  This  principle  has  had  the  sanction 
of  the  wisest  and  best  men  that  ever  adorned  the  history  of  this  or 
any  other  country.  1!  ever  there  was  a  measure  in  human  legis- 
lation, the  humanity,  wisdom,  and  policy  of  which  have  been  sanc- 
tioned by  the  development  of  the  future,  the  ordinance  of  '87  may 
fully  claim  such  merit  precminetly  over  any  measure  of  legislation 
ever  adopted.  I  confess  that  for  some  time  I  have  been  endeavoring 
to  collect  statistics,  some  facts,  and  my  own  thoughts  upon  this  sub- 
ject for  the  purpose  of  presenting  them  lo  the  consideration  of  the 
Senate  and  the  people  of  this  country,  but  the  more  I  have  dwell 
upon  it,  the  wider  the  field  has  grown.  Feeble  as  I  know  my  own 
efforts  to  be  at  the  best,  the  longer  I  have  studied,  the  more  I  have 
felt  my  utter  inability  to  do  justice  to  it,  and  the  more  I  have  re- 
gretted ihe  necessity  that  has  fallen  upon  me  to  say  something  in 
behalf  of  this  great  measure.  Sir,  why  seek  to  avoid  this  question, 
to  put  it  off?  It  will  come,  we  must  meet  it,  and  the  sooner  we 
meet  it  the  better.  I  agree  with  the  gentlemen  who  take  opposite 
views  of  this  question,  when  they  say  that  the  best  way  is  to  meet 
it  at  once.  The  two  antagonistical  principles  are  human  freedoni 
and  human  slavery.  They  are  irreconcilable  in  the  very  nature  of 
things.  The  increased  facilities  for  travel,  and  the  revolutions  of 
modern  science  by  which  the  emanations  of  human  thought  are  sent 
from  one  extremity  of  the  Union  to  the  other,  almost  with  the  ra- 
pidity of  their  creation,  all ,  all  are  tending  to  hasten  the  period  when 
this  issue  must  be  met  and  decided.  It  must  be  decided  whether  this 
great  confederated  republic  is  to  be  true  to  the  principles  with  which 
Tt  sprung  into  life.  It  is  time  that  wo  have  settled  the  true  mean- 
ing of  the  phrase  in  the  Declaration  of  Independence,  "  that  all 
men  are  created  free  and  equal;"  and  whether,  so  far  as  the  ac- 
tion of  this  government  is  concerned,  it  is  to  he  denominated  a 
mere  rhetorical  flourish,  fanfaronade,  or  whether  it  is  one  of  the 
fundamental,  elemental  principles  upon  which  the  action  of  this 
government  is  to  be  carried  on.  It  is  time,  sir,  that  this  subject 
was  met  and  decided. 

The  honorable  Senator  from  Missouri  thought  that  this  pestif- 
erous suliject  of  abolition  was  like  the  frogs  of  Egypt.  I  do  not 
know  but  that  it  may  be  so  here,  but  I  can  tell  him  there  is  another 
subject  lies  a  little  deeper  than  abolition,  that  is  like  the  frogs  to 
us.  It  meets  us  at  every  turn;  it  controls  literature  and  religion, 
as'well  as  the  politics  and  legislation  of  our  land.  That  subject  is  hu- 
man slavery;  and  what  we  want  is,  in  any  action  of  this  government 
upon  il ,  as  far  as  may  be,  to  bo  let  alone.  Take  care  of  your  institu- 
tions, and  bless  your.selves  as  you  may  with  it ,  but  do  not  force  it  upon 
other  States  or  territoiial  governments.  Do  not  baptise  other  por- 
tions of  this  counlry,  wherher  they  will  or  no,  with  slavery,  or 
what  we  are  pleased  to  consider,  the  guilt  of  this  institution. 
When  you  come  to  being  the  action  of  the  general  government  to 
bear  upon  this  subject,  aud  come  to  establish  governments  for  your 
territories,  how  idle  it  is  to  say  that  this  government  has  nothing 
to  do  with  this  question.  Sir,  you  cannot  avoid  it.  The  action 
which  the  legislative  or  the  provisional  government  has  taken,  or 
the  laws  that  may  be  passed  under  the  mere  imposing  form  of  a 
territorial  government  granted  by  Congress,  must  be  submitted  to 
your  approval. 

I  do  not  intend  to  discuss  the  measure,  hut  simply  to  justify  my- 
self for  its  introduction  on  this  occasion.  Sir,  I  am  not  to  be  in- 
timidated, nor  can  I  be  driven  by  any   language  that  may  be  used 

^whether  I  am  termed  sane  or  insane — from  pressing  this  matter 

as  often  as  may  be.  Such  a  course  on  my  part,  I  believe  to  be  my 
bounden  duty,"while  I  hold  a  seat  in  this  Senate.  Neither  am  I  to 
be  intimidated  by  threats  or  intimations,  or  insinuations  that  this 
measure  is  calculated  to  destroy  this  Union.  I  do  not  believe  that 
the  Union  is  endangered.  But  let  the  consequences  be  what  they 
may,  I  am  willing  to  place  myself  upon  the  great  principle  of  hu- 
raan'ri"ht — to  stand  where  Ihe  word  of  God  and  my  own  conscience 
concur  in  placing  me,  and  there  bid  defiance  to  all  consequences. 
And  in  the  end,  if  this  Union,  bound  as  it  is  to  the  hearts  of  the 
people  by  so  many  endearing  associations,  has  no  other  principle 
of  cement  than  the  blood  of  human  slavery,  let  it  sunder  ! 

Mr.  HANNEGAN. — I  presume,  sir,  that  there  is  not  a  Senator 
here  that  cherishes  for  an  instant  the  desire  to  intimidate  or  threat- 
en the  Senator  from  New  Hampshire  for  the  course  which  be  seems 
to  think  proper  to  pursue,  so  long  as  that  course  is  restricted  with- 
in the  laws  of  propriety  and  parliamentary  rules.  I  know  not,  if 
there  be  any  such;  and  take  it  upon  myself  to  defend  the  Senate, 
and  say  there  are  none  such  here.  I  thank  the  Senator  from  New 
Hampshire  for  the  kind  care  he  has  seen  proper  to  bestow  upoD 
Indiana  and  her  representatives.  It  was  a  voluntary  guardianship 
he  extended  to  us,  and  of  course  he  will  expect  no  remuneration 
for  it.  But  in  her  name,  sir,  I  solemnly  decline  his  protection. 
Let  me  teU  him  that  that  perfection  and  state  pride— that  elevation 


676 


THE  OREGON  LILL. 


[Wednesday, 


of  character  which  she  has  justly  veaclieJ,  has  been  attained  by  an 
unqualified  repudiation  of  tlie  principles  which  govern  and  control 
him.  She  would  not  have  been  this  day  where  she  is,  had  she 
cherished  these  principles.  The  course  of  Indiana,  sir,  and  of  her 
Senators,  is  <;overned  by  hiiih,  honorable,  patriotic,  and  I  trust 
holy  motives  upon  this  question.  We  oppose  there  as  we  oppose 
hero,  the  wild  maniacal  appeals  to  the  assassin's  knife  and  the  mid- 
night torch  of  the  incendiary.  The  Senator  from  New  Hampshire 
says. that  all  he  asks,  and  those  who  act  with  him,  is  to  let  us 
alone.  In  thciiame  of  God,  from  whom  should  that  ujipeal  come 
but.  from  this  very  South  against  whom  your  assaults  arc  continu- 
ally directed  !  When  has  she  assailed  tlic  North?  In  no  instance, 
then,  has  she  ever  asked,  and  at  this  hour  she  asks  no  concession 
at  the  hands  of  Con^rress— none  at  all.  But  the  Senator  from  New 
Hampshire,  at  the  very  moment  when  the  cry  so  beautifully  de- 
scribed by  the  distinguished  Senator  from  Missouri  is  ringing  in 
our  ears — when  outraged  humanity,  the  agonizing  cries  of  men, 
women,  and  children  appeal  to  us  as  their  natural  and  only  pro- 
tectors— comes  forward  and  invokes  a  protracted,  useless,  idle, 
and  pestiferous  discussion — for  that  word  properly  o.\presses  its 
title — 10  deleat  the  aims  of  humanity  !  And  in  the  adoption  of  a 
ciurse  of  this  kind,  he  declares  ho  finds  his  justification  in  that 
Holy  Book  to  which  ho  has  alluded.  But,  sir,  I  have  never  read 
it,  never ! 

A  Voice. — "  Never  read  it '." 

Mr.  HANNEGAN. — Aye,  sir,  I  /jaw  read  it  all,  perhaps  as  well 
andto  as  much  profit  as  him  whose  colder  heart  suggested  the  thought 
and  expression.  The  Senator  from  New  Hampshire  disclosed,  how- 
ever. Ills  true  feelings  and  motives,  and  the  feelings  and  motives  of 
those  who  act  with  him,  when  he  declared  that  a  war  must  inevitably 
come  between  freedom  and  slavery,  as  he  terms  it,  and  that  soon- 
er than  that  slavery  should  continue,  let  the  constitution  which 
has  guarantied  it,  perish.  Is  this  fit  language  for  the  Senate  of 
the  United  States?  Is  this  fit  language  for  any  American  assem- 
bly ?  Sooner  than  preserve  the  constitution  as  it  is  handed  down 
to  us  by  our  fathers,  let  the  government  perish — let  wild  anarcliy, 
blood  and  misrule  prevail.  These  are  his  sentiments;  and  are 
they  taught  in  the  Bible  ?  No,  sir.  The  Bible  never  taught,  in- 
cnlcaied  such  a  policy  or  such  principles? 

Mr.  BRIGHT  then  moved  that  the  bill  be  made  the  special  or= 
der  for  to  morrow  at  one  o'clock. 

Mr.  DAVIS,  of  Mississippi — I  would  remark,  Mr.  President, 
that  it  has  long  been  my  earnest  desire  to  see  a  territorial  govern- 
ment established  in  Oregon.  I  desired  it  before  the  bill  to  termi- 
nate the  joint  occupation  of  that  territory  with  Great  Britain  was 
passed.  The  e.\tinguishnient  of  the  Indian  title  in  the  vallev  of 
the  Wallaw.-illa,  which  had  been  ceded  to  us  alter  the  war  with  Great 
Britain  would  have  enabled  us  to  establish  a  territorial  govern- 
ment. This  would  have  been  more  desirable  to  the  inhabitants 
and  emigrants  in  Oregon  than  the  repeal  of  the  joint  occupation 
of  the  coimlrv  then  held  by  Great  Britain  and  the  United  States 
conjointly.  From  that  day  I  have  desired  to  see  a  bill  passed  es- 
tablishing a  territorial  government  in  Oregon,  yet  I  desire  all  due 
deliberation  in  order  to  secure  stability  to  the  laws  which  we  inav  ' 
enact.  This  matter  was  long  under  the  consideration  of  the  Ju- 
diciary Committee,  and  if  referred  to  them  now  would  be  reported 
back  almost  immediately.  Amendments  are  required  by  the  pe- 
culiar condition  of  this  country.  By  adopting  the  laws  of  Iowa 
or  Wisconsin  lor  the  government  of  Oregon,  we  adopt  laws  of  an 
unsuitable  character  and  inapplicable  to  territory  lying  along  the 
const.  One  of  the  members  of  the  Judiciary  Committee,  the  Sen- 
ator (rom  Florida,  vi'ho  is  familiar  with  the  legislation  requisite 
for  a  territory  lying  on  the  sea  coast, in  the  deliberations  and  legisla- 
tion of  tlio  coinraiitce  at  last  session,  I  doubt  not  will  be  able  to 
provide  for  all  these  difficulties.  The  hill  providing  for  troops  to 
protect  Oregon  I  hold  to  be  very  essential  to  the  best  interests  of 
that  country,  and  should  bo  passed  immediately.  If  this  amend- 
ment is  to  create  discussion  and  delay.  I  hope  it  will  be  withdrawn 
in  order  that  we  may  take  the  necessary  action  for  the  immediate 
protection  of  Oregon.  But  if  the  Judiciary  Committee,  as  I  sup- 
pose it  will,  report  immediately  such  amendments  as  are  required 
and  enact  the  whole  together,  this  will  remove  all  disposition  to 
discuss  or  delay  this  bill.  I  therefore  would  suggest  that  the  Se- 
nator from  Indiana  would  move  ihat  this  bill  be  committed  to  the 
Committee  on  the  Judiciary,  and  if  it  be  proper,  with  instructions 
that  it  be  reported  immodiaiely  back  to  the  Senate. 

Mr.  BERRIEN. — I  beg  to  suggest  to  the  Senator  from  Missis- 
sippi that  his  object  is  attained  in  the  amendment  made  by  the 
Senator  from  Florida.  The  bill  which  is  now  before  the  Senate  is 
precisely  similar  to  the  one  sent  up  here  by  the  House  at  the  last 
session.  That  bill  was  referred  to  the  Judiciary  Coinmittee,  was 
examined  with  great  care,  and  the  result  of  their  deliberation  was 
presented  to  the  Senate  in  the  bill  which  the  Senator  from  Florida 
now  moves  as  a  substitute  for  this  bill.  If  this  subject  be  recom- 
mitted, the  Judiciary  Committee  having  this  bill  of  last  session  in 
view  as  a  suhstituie  for  the  present  one,  would  do  nothing  more 
than  report.  I  am  reminded  by  Senators  near  me  that  as  this  bill 
came  from  the  Committee  on  Territories,  it  should  not  be  recom- 
mitted, but  committed  to  the  Judiciary  Committee.  I  would  again 
suggest  to  the  Senator  from  Mississippi  that  his  purpose  will  be 
accomplished  by  the  motion  of  the  Senator  from  Florida.  I  under- 
stand the  question  before  the  Senate  is  to  postpone  this  matter  un- 
til to-morrow,  and  that  the  amendment  of  the  Senator  from  New- 
Hampshire  is  until  Monday  wi^ek  ;  the  question  then  recurs  upon 
the  longest  period.  I  hope  the  Senate  will  not  acquiesce  in  tha 
longer  period,  but  only  postpone  until  to-morrow.    In  tlie  mean- 


time gentlemen  will  have  an  opportunity  of  examining  the  bill  as 
reported  by  the  Judiciary  Committee  at  the  last  session,  and  will 
then  probably  proceed  to  immediate  action.  It  is  desirable  on  all 
hands  that  this  territory  of  Oregon  should  have  an  organized  gov- 
ernment. It  is  suggested  to  me  as  unprecedented  to  take  a  bill 
out  of  the  hands  of  one  committee  and  place  it  in  the  hands  of  an- 
other. I  confess  I  do  not  perceive  the  force  of  this  suggestion.  I 
might  of  my  own  individual  act  present  the  House  bill  reported  at 
last  session  by  the  Judiciary  Committee  as  an  amendment,  which 
would  of  course  be  received,  and  the  action  is  as  valid  when  such 
an  amendment  is  reported  now  through  the  Judiciary  Committee. 
What  appears  to  me  to  be  the  universal  desire,  sir,  is  to  give  an 
efiicient  government  to  Oregon,  for  we  are  all  deeply  impressed 
with  the  necessities  of  that  people  as  exhibited  to  us  in  the  late  in- 
telligence from  that  country-  I  desire,  for  one,  to  concur  in  that 
course  of  legislation  which  shall  bring  the  action  upon  this  bill  to 
the  speediest  termination. 

Mr.  DAVIS. — I  would  merely  say  that  one  of  the  objects  of  my 
motion  was,  that  the  Committee  on  the  Jr.dieiary  might  examine 
whether,  from  the  changed  condition  of  Oregon,  it  would  be  ne- 
cessary to  make  any  alterations  in  the  bill  reported  at  the  last 
session. 

Mr.  BRIGHT.— The  result  of  the  motion  of  the  Senator  from 
Mississippi  will  be  to  delay  action  on  this  bill,  a  course  which 
eve.y  friend  to  Oregon  wishes  to  avoid.  Our  object  is  to  get  a 
direct  vote  to  the  bdl  immediately,  so  that  the  people  of  Oregon 
mav  not  only  have  a  territorial  government,  but  be  protected  in  the 
enjoyment  of  thiit  government  The  only  difBoulty  that  seems  to 
exist,  arises  out  of  the  interpretation  given  to  the  twelfth  section 
of  the  bill.  I  find  that  the  Senator  from  South  Carolina,  a  mem- 
ber of  the  Committee  on  Territories,  and  the  Senator  from  Florida 
disacree  as  to  the  object  of  that  amendment.  My  object  is  to  give 
an  opportunity  of  comparing  the  amendment  of  the  Senator  from 
Florida  with  the  twellth  section,  so  as  to  avoid  the  very  issue  pre- 
sentod  tlii  morning,  if  wo  are  to  discuss  the  question  presented 
in  the  amendment  of  the  Senator  from  New  Hampshire,  we  may 
not  get  a  vote  for  ten  or  twelve  days  upon  the  bill. 

Mr.  CALHOUN. — It  does  not  appear  to  me  very  material 
whether  the  motion  made  by  the  Senator  from  Indiana  or  the  Se- 
nator from  Mississippi  prevail.  I  do  not  think  there  will  be  any 
loss  of  time  if  we  adopt  the  motion  of  the  Senator  from  Missis- 
sifipi.  The  Committee  on  the  Judiciary  continues,  as  respects  its 
members,  nearly  the  same  as  at  the  last  session,  and  the  bill  doubt- 
less would  be  reported  forthwith.  The  siitiple  advantage  in  favor 
of  the  motion  of  the  Senator  Irom  Mississippi  is.  that  upon  a  re- 
view of  the  whole  bill  something  may  require  modification.  I  am 
in  favor  of  early  action.  I  do  not  wish  to  interpose  delay  further 
than  that  which  my  duty  to  my  country  imperatively  demands. 

Mr.  DAVIS,  of  Mississippi".  -I  will  withdraw  my  motion  as  it 
does  not  seem  to  be  necessary- 
Mr.  BUTLER.— T  wish  lo  make  one  remark  by  way  of  expla- 
nation. This  bill  was  sent  down  to  the  Committee  on  Territories 
of  which  i  am  a  member.  There  are  four  on  that  committee. 
When  the  bilj  was  sent  down  to  us,  I  recollected  saying  that  I  was 
not  in  Congress  at  the  time  when  it  was  discussed  belore.  I  sup- 
posed the  bill  would  come  up  in  the  form  proposed  by  the  Senator 
from  Florida,  and  was  unexceptionable.  The  pans  which  were 
struck  out  of  the  bill  were  in  these  words  : 

"Tliat  liie  inlialjitan's  of  saiii  lerrilory  be  entitled  to  enjoy  the  rights,  privilejes,  ad- 
vaiiir.ges,  &c..  gr.inted  unci  secured  to  llie  people  of  the  tetritoryof  tlie  United  Slates 
northwest  ol'  the  river  Ohio,  by  the  articles  of  compact  contained  in  the  ordinance  for 
the  government  of  said  territory,  (usually  Itnown  as  the  ordinance  of  1787.*') 

That  was  struck  out  leaving  the  remainder  of  the  clause  as  it 
now  stands,  which  may  possibly  bear  the  construction  put  upon  it 
by  the  honorable  Senator  from  F.orida.  These  words  were  struck 
out  at  my  instance.  I  supposed  that  the  ordinance  of  1787  was 
not  applied  at  all.  I  suppose  the  honorable  Senator  from  New 
Hampshire  wishes  to  restore  the  clause  struck  out  by  the  commit- 
tee. Whether  the  clause  under  consideration  bears  the  construc- 
tion put  upon  it  by  tho  Senator  from  Florida  I  cannot  say:  it  was 
not,  for  one,  mv  intention  to  have  given  it  that  meaning. 

Mr.  WESTCOTT.— The  laws  of  the  territorial  "provisional" 
government  (as  it  is  called)  established  in  Oregon  for  the  last  few 
years,  or  which  were  before  the  committee,  expressly  excluded 
slavery  from  the  territory. 

Mr.  BUTLER — Those  laws  were  not  before  us,  nor  did  I  then 
understand  that  there  were  such  laws  in  force.  At  any  rate  my 
vote  was  given  on  the  assumption  that  this  clause  made  no  inhibi- 
tion one  way  or  the  other. 

On  motion  by  Mr.  BRIGHT,  it  was 

Ordered,  That  the  further  consideration  of  the  bill  be  postponed 
until  to-morrow,  and  that  the  proposed  amendment  be  printed. 

INDIAN  APPROPRIATION   BlhJ.. 

The  Senate  resumed  the  consideration,  as  in  Committee  of  the 
Whole,  of  the  bill  from  the  House  of  Representatives  making  ap- 

Sropriaiion  for  the  current  and  contingent  expenses  of  the  Indian 
Icpartment,  and  for  fulfilling  treaty  stipulations  with  the  various 
Indian  tribes  for  the  year  ending  on  the  30th  June,  1849. 

Mr.  ATCHISON  withdrew  the  amendment  submitted  by  him 
yesterday. 

Mr.  BELL  submitted  an  amendment  ;  which  was  ordered  to 
be  printed,  and  the  further  consideration  of  the  bill  was  then  post- 
poned until  to-morrow. 

After  the  consideration  of  Execative  business, 

The  Senate  adjourned. 


June  1.| 


RESOLUTIONS  OF  OHIO. 


677 


THURSDAY,  JUNE  1,  1848. 


PRESIDENT   PRO   TEMPORE. 

The  Vice  President  being  absent,  the  Senate  proceeded  to 
the  election  of  a  President  ■pro  tempore,  as  the  constitution  pro. 
vides : 

Whereupon, 

On  motion  by  Mr.  BENTON,  seconded  by  Mr.  MANGUM,  it 
was 

Ileso!t>ed,  vtianimousty.  That  the  honorable  David  R.  Atcuison  be  oppoiutwl 
the  President  of  the  Senate  pro  tsmpore. 

On  motion  by  Mr.  BENTON^it  was 

Ordered,  That  the  Secretary  wait  on  the  President  of  the  Unit- 
ed Stales  and  inform  him  that  the  Senate,  in  the  absence  of  tho 
Vice  President,  have  chosen  the  honorable  David  U.  Atchison 
President  pro  tempore  of  the  Senate  ;  and  that  ho  make  a  simihir 
commnniciUion  to  the  House  of  Representatives. 

resolutions  of  the  legislature  of  OHIO. 

Mr.  ALLEN.— I  have  received  from  the  Executive  of  Ohio  a 
number  of  resolutions  passed  by  the  General  Assembly  of  that 
State  in  rohiiion  to  matters  which  come  within  tho  action  of  Con- 
gress. The  first  of  tliese  resolutions  expresses  the  desire  of  tho 
State  that  an  act  of  Congress  shall  be  passed  to  reduce  tho  price 
of  tlie  public  lands  on  either  side  of  the  Wabash  and  Erie  and  the 
Minma  extension  canal  in  that  State.  There  was  a  cession  made 
by  Congress  to  the  State  of  alternate  seciions  of  the  public  land 
to  the  extent  of  five  millions  of  acres,  and  tho  alternate  sections 
reserved  by  the  government  to  itself  were  doubled  in  price  by  the 
actofcedinijihe  other  alternate  sections  to  the  State.  Time  lias  gone 
on  and  a  large  proportion  of  these  alternate  sections  retained  by 
tho  general  government  remain  unsold,  the  State  having  reduced 
the  price  of  those  sections  that  were  ceded  to  her  hy  the  federal 
government.  The  consequence  is,  that  these  lands  being,  to  some 
extent  put  out  of  the  market,  by  the  doubling  of  the  prico  of  them, 
remain  unoccupied,  and  being  so  unoccupied  and  unsettled  are  of 
course  unprodiiciive.  Besides  this,  they  reduce  the  usefulness  and 
value  of  the  canal  by  keeping  a  wilderness  on  each  side.  There 
is  therefore  a  reasonableness  as  well  as  policy  in  tho  request  of 
the  General  Assembly  asking  that  the  price  of  tho  lands  be  re- 
duced. I  will  ask  that  the  resolutions  be  printed  and  referred  to 
the  Committee  on  Public  Lands. 

Tho  motion  was  agreed  to. 

Mr  ALLEN. — There  is  another  resolution  which  was  coinmu- 
nicated  to  me  at  tho  same  time,  and  which  had  passed  the  General 
Assembly  of  the  State  expressinc;  the  opinion  o!  the  State  of  Ohio 
in  re^'ard.to  the  mannei  in  which  territories  acquired  by  tho  Uni- 
ted States  should  be  treated  when  it  becomes  necessary  to  organize 
them  into  Siates.  As  this  resolution,  sir,  is  one  of  some  interest 
and  moment,  I  desire  that  it  may  be  read  and  laid  upon  the  table 
and  printed. 

-  The  refolulion  declaring  that  so  much  of  the  ordinance  of  Con- 
gress of  1787  as  relates  t^  slavery  should  be  exiented  to  tho  terri- 
tory which  may  be  acquired  from  Mexico,  was  read  by  the  Secre- 
tary, laid  upon  the  table,  and  ordered  to  be  printed. 

Mr.  ALLEN. — I  present  also  a.  resolution  qf  the  Gener.il  As- 
sembly of  the  ^t:ito  expressing  their  desire  that  the  postage  on  let- 
ters and  newspapers  should  be  reduced.  I  desire  that  this  resolu- 
tion should  bo  printed,  and  referred  to  the  Committee  on  Post 
Offices  and  Post  Koads. 

The  motion  was  agreed  to. 

m 
Mr.  ALLEN  also  presented  resolutions  passed  by  the  Legislature 
of  the  State  of  Ohio,  declaring  it  to  be  within  the  constitutional 
power  of  the  federal  government  to  construct  harbors  and  improve 
rivers  ;  in  favor  of  an  appropriation  for  improving  harbors  on  the 
north-western  lakes,  and  condemning  the  exercise  of  the  Execu- 
tive power  in  relation  to  the  act  of  the  last  session  of  Congress 
making  appropriations  for  that  purpose. 

Ordered,  That  they  lie  on  the  table,  and  be  printed. 

Mr.  ALLEN  also  presented  resolutions  passed  by  the  Legislature 
of  the  State  of  Ohio,  relative  to  the  powers  and  duties  of  Congress 
in  arresting  the  encroachments  of  the  Executive  department  of 
the  government  upon  the  legitimate  province  of  the  legislative  de- 
partment, and  approving  the  course  pursued  by  the  honorable 
Thomas  Corwin,  one  of  the  Senators  of  that  State  in  Congress,  in 
regard  to  the  Mexican  war. 

Ordered,  Xiiat  they  lie  oa  the  tabl6,  and  be  printed. 


Mr.  DOWNS  presented  a  memorial  of  judges  and  members  of 
the  bar  of  New  Orleans  and  other  parts  of  Louisiana,  praying 
that  the  rules  of  proceedings  in  all  civil  cases  in  the  courts  ol  tho 
United  States  in  the  State  of  Louisiana  may  be  made  to  conlorm 
to  those  practised  m  the  courts  of  that  State  ;  which  was  referred 
to  the  Committe  on  the  Judiciary. 

report  of  the  SMITHSONIAN  REGENTS. 

ivir.  DAVIS,  of  Mississippi,  submitted  the  following  re.solution; 
which  was  considered,  by  unanimous  consent,  and  agreed  to  : 

Resolved,  Thai  one  thousand  adtlitional  c0|>ies  of  the  report  of  the  regenta  of  tha 
BmitbGonian  Institution  be  printed  lor  the  use  of  tlie  Senate. 

LAWS    OF    THE    UNITED    STATES. 

Mr.  BUTLER,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  joint  resolution  authorizing  the  Secretary  of  State 
to  furnish  the  clerk  of  tho  district  court  of  the  United  States,  for 
the  western  district  of  Virginia  four  copies  of  Little  atid  Brown's 
edition  of  the  Laws  of  tho  United  States,  reported  it  with  an 
amendment. 

PRIVATE  bill, 

Mr.  BUTLER,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  for  tho  re- 
lief of  Levi  H.  Corson,  and  for  other  purposes,  reported  it  without 
amendment. 

REFUNDING  EXPENSES   OP   VOLUNTEERS. 

Mr.  RUSK,  from  the  Committee  on  Military  Affairs,  to  whom 
was  referred  the  bill  from  tho  House  of  Representatives  to  refund 
money  for  expenses  incurred,  subsistence  or  transportation  furnish- 
ed lor  the  use  of  volunteers  during  the  present  war  before  being 
mustered  and  received  into  the  service  of  the  United  States,  re- 
ported the  same  without  amendment. 

The  Senate  proceeded  to  consider  the  said  bill  as  in  Committee 
of  the  Whole  ;  and  on  the  motion  of  Mr.  Turnev,  it  was  amend- 
ed by  adding  the  following  section  : 

"Be  ilfuUher  enacted.  That  in  refunding  moneys  under  this  act,  and  the  retoUi 
tion  which  it  amends,  it  shall  be  lawful  lo  pay  interest  at  ihe  ,ate  of  six  per  cent,  per 
annum  on  all  sums  advanced  b^  Slates,  corporations,  or  individuals,  in  all  cases  where 
the  Slate,  corporation,  or  individual  paid  or  lost  the  interest,  or  is  liable  to  pay  it." 

The  bill  was  then  repoited  to  the  Senate,  and  the  amendment 
was  concurred  in. 

Ordered,  That  the  amendment  be  engrossed,  and  the  bill  read 
a  third  lime. 

The  said  bill  was  read  a  third  time,  as  amended . 

Resolved,  That  this  bill  pass,  with  an  emeDdment. 

Ordered,  That  the  Secretary  request  the  conourrence  of  the 
House  of  Representatives  in  the  amendment. 

MESSAGE  PROM  THE  HOUSB. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President:  The  House  of  Representatives  concur  in  the  Jst, 2d,  4lh,  5th,  6tb, 
7th.  and  Slh  amendments  of  the  Seuale  lo  the  bill  lo  amend  the  act  lo  provide  for  the 
Iransporralion  of  the  mail  between  the  United  Stales  aud  foreign  countries,  and  for 
other  purposes :  disagree  lothe  3d  amendment,  and  concur  in  theSlb  amendment  wilh 
an  amendment. 

They  have  passed  a  bill  regulating:  the  appointment  of  clerks  in  the  Esecnlive  de- 
partments, and  for  other  purposes  ;  in  which  they  request  the  concurrence  of  the  Se- 
nate. 

INDIAN  APPROPRIATION  BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  the  bill  making  appropriations  for  the  current  and 
contingent  expenses  of  the  Indian  department  and  for  fulfilling 
treaty  stipulations  with  the  various  Indian  tribes  for  the  year  end 
ing  June  30,  1349,  and  for  other  purposes. 

The  question  pending  was  upon  the  amendment  submitted  yea- 
terday  by  Mr.  Bell. 

Tho  amendment  was  read  as  follows  : 

Add  the  following  sections :  » 

Sec.  -  .Indbe  tt  further  enacted,  That  the  Secretary  of  War  cause  lobe  ascer- 
tained the  number  and  names  of  sucli  individuals  and  families,  including  each  mem- 
ber of  every  family  of  the  Cherokee  nation  of  Indians,  that  remained  in  the  Stale  of 
North  Carolina  at  the  lime  of  the  ratiliL-alion  of  the  treaty  vf  New  Echota.  May  23, 
]S36,  and  who  have  not  removed  west  of  the  .Mississippi,  or  received  the  commuta- 
tion for  removal  and  subiistence,  aud  report  the  same  lo  the  Secretary  of  the  Treas- 
ury ;  whereupon,  the  Secretary  of  the  Treasury  sbail  set  apart,  out  of  any  moneys 
in  the  treasury  not  o'-herwise  appropriated,  a  sum  equal  to  fitty-thrae  dollars  and  Ihir- 
tylhree  cents  for  eacli  individual  ascvrlalned  as  aforesaid,  and  that  he  cause  10  bt  paid 
lb  every  such  individual,  or  his  or  her  legal  representative,  interest  at  the  rata  or  six 
pet  c«iit  pel  aminiB  oa  sncl>  pu  wpita,  from  tb«  iRid  234  day  of  Mar,  iS3S,  ta  Uw 


678 


INDIAN  APPROPRIATION  BILL. 


[Thursday, 


lime  of  the  passage  of  this  act;  and  conlinne  annunlly  thereafter  said  payinenl  ol' 
interest  at  the  rate  aforesaid. 

Sec.  .  And  he  it  further  enactetl.  That  whenever,  hereafter,  any  individual  or 
indtvidoals  of  said  Clierokee  Indians,  shall  desire  to  remove  and  join  the  tribe  West 
of  the  Mbsissippi,  then  the  Secretary  of  War  shall  be  authorized  to  withdraw  from 
the  fund  set  apart  as  aforesaid,  the  sum  of  fifty  three  dollars  and  tliirtv  three  rents, 
and  the  interest  due  and  unpaid  thereon,  and  appiv  the  samp  or  such  part  thereof  as 
shall  be  necessary  to  the  removal  and  subsistence  of  such  mdiviiiual  or  individuals, 
and  pay  the  remainder,  if  any.  or  the  whole,  if  the  said  Indians  or  .iny  of  them  shall 
j)refer  to  remove  themselves,  to  such  individuals  or  lieads  of  families,  upon  their  re- 
moval west  of  the  Mississippi. 

Ml".  BELL. — This  is  a  proposition  of  consitleraUo  interest  to 
the  Indians  in  the  State  of  North  Carolina,  am]  also  to  the  State 
itself.  And  it  is  of  consequence  also  to  the  puhlic  Treasiiry,  to  the 
amount  jirobably  of  eii;hty  or  ninety  thousand  dollars.  And  the 
occasion  of  presenting  it  as  an  amendment  to  this  hill  arises  from 
the  peculiar  position  of  the  Indian  tribes  which  remained  in  that 
State,  and  refused  to  emicrrate  under  the  treaty  of  1835.  The 
number  that  remained,  as  I  learn  from  the  documents  before  the 
committee  was  about  twelve  hundred  and  fifiy,  and  about  one  half 
of  this  number  are  in  a  condition,  not  only  of  great  distress,  but 
are  actually  beoomuia  a  nuisance  to  the  white  population.  And  if 
this  measure  of  relief  is  delayed  it  may  not  only  produce  .serious 
disturbance  among  the  Indians  themselves,  but  between  them  and 
tlieir  neishbcxirs,  the  white  inhabitants.  The  Indians  also  are 
very  much  excited  and  disturbed  by  the  apprehension  of  losing 
tlieir  lands  which  they  have  purchased,  a  very  serious  question 
having  arisen,  whether  they  can  hold  them  or  not.  Now,  if  this 
claim  is  well  grounded,  the  amount  ought  to  have  been  appropri- 
ated long  since.  But  the  Executive  government  who  have  had  in 
some  degree  the  control  of  the  matter,  have  thought  they  were 
not  authorized  to  make  the  payment  at  an  antecedent  period,  and 
all  the  appropriations  out  of  which  this  payment  could  be  made 
have  been  long  since  exhausted.  A  very  serious  question  is  pre- 
sented to  the  Senate  growing  out  of  the  construction  of  the  treaty 
of  1835,  and  to  that  question  I  desire  to  call  the  attention  of  the 
Senate,  because  on  its  decision,  involving  as  it  does  some  seventy 
or  eighty  thousand  dollars,  will  depend  a  question  whioh  the  Com- 
mittee on  Indian  Afl'airs  will  be  constrained  in  a  short  time  to  pre- 
.  sent  to  the  Senate,  involving  a  million  or  a  million  and  a  half  of 
dollars.  I  state  this  fact,  that  the  Senate  may  have  a  full  view  of 
the  importance  of  the  subject.  I  am  not  sure,  however,  but  tliatit  will 
be  found  that  this  claim  stands  upon  a  higher  degree  of  justice 
than  many  other  claims  that  are  set  up  in  c(mnection  with  the  re- 
moval of  the  Indians  to  the  west.  The  Senate  will  remember 
that  the  treaty  that  is  referred  to  in  the  amendment  was  made  in 
the  year  1835,  and  that  the  whole  dilliculty  has  grown  out  of  a 
misunderstanding  on  the  part  of  some  of  the  officers  of  the  general 
government  and  the  Indians  themselves,  in  relation  to  the  proper 
interpretation  of  that  treaty.  The  Indians  that  remained  in  the 
State  of  North  Carolina,  it  .should  lie  understood,  took  no  cart  in 
the  negotiation  of  that  treaty.  They  had  not  attended  the  coun- 
cils of  the  nation  since  the  year  1S2U,  but  still  they  were  a  con- 
stituent portion  of  the  tribes  to  which  the  treaty  applied,  and  were 
necessarily  so  regarded.  They  were  a  portion  of  the  Cherokee 
nation  of  Indians  ;  and  when  the  |)roper  construction  came  to  be 
put  upon  the  treaty,  though  they  had  not  attended  the  councils, 
nor  given  tlieir  consent  to  the  ratification  of  the  treaty,  yet,  they 
found  that  the  land  on  which  they  resided  since  the  year  1783, 
with  the  permission  of  the  State  of  North  Carolina,  who  very 
much  to  her  credit  be  it  said,  never  made  any  movement  to  disturb 
the  Indians,  yet,  when  the  treaty  of  1S35  was  ratified,  it  was  con- 
strued to  embrace  all  the  lands  of  the  Cherokee  nation  of  Indians, 
and  the  State  of  North  Carolina  as  she  had  a  right  to  do,  because 
she  was  hut  following  the  example  of  other  States,  sold  the  lands 
upon  which  Indians  resided.  I  understand  that  a  part  of  the  diffi- 
culty with  the  Indians  now  remaining  arose  out  of  the  sale  of  those 
lands.  The  Indians  in  that  State  then,  are  certainly  entitled  as 
they  lost  their  lands  under  the  treaty  to  a  fair  proportion  of  the  ben- 
efits of  that  treaty.  The  treaty  it  will  be  remembered,  was  made 
upon  the  basis  of  giving  the  five  millions  of  dollars  for  the  Indian  terri- 
tories lying  in  the  State  of  Blississippi,  Georgia,  North  Carolina, 
and  Tennessee,  and  a  small  portion  in  Alabama,  but  in  the  instruc- 
tions to  the  Senate,  nothing  was  said  about  the  expense  of  remo- 
val of  the  Indians,  although  mention  was  made  of  the  price  of  the 
lands,  But  when  the  treaty  came  to  he  carried  into  elTect,  many 
of  the  Indians  in  all  those  States  refused  to  emigrate,  and  the  com- 
missioners of  the  United  States  found  themselves  compelled  to  yield 
to  their  determination.  In  consequence  of  this,  the  President  of 
the  United  States  authorized  the  commissioners  to  enter  into  stip- 
ulations for  certain  allowances  for  improvements;  and  for  claims 
for  spoliations,  and  as  the  Indian  tribes  contended  for  the  expenses 
of  removal  and  subsistence,  and  it  is  on  account  of  that  clause  of 
the  treaty  in  reference  to  those  points,  that  the  whole  iliilieulty 
arose.     The  8th  article  of  the  treaty  provides — 

"  Such  per.-ons  and  fiiinihes  as  in  the  opinion  of  the  euiigrstinj;  a^enl  are  capable 
of  iubaisting  and  removing  tliemselves  shall  be  permuted  to  do  so  ;  and  they  shall  he 
allowed  in  full  for  all  claims  for  the  same  twenty  dollars  for  each  member  ol"  their  fa- 
loilv  ;  and  in  lien  of  tlieii  one  year's  rations  thi-y  slmll  he  paid  the  sum  of  thirty-three 
dollars  and  thirtylhtce  ceuta  it  they  prefer  it. 

"  Such  Cherokees  also  as  reside  at  present  out  of  the  nation  and  shall ^move  with 
them  in  two  years  west  of  the  Mtr-sissij.pi  shall  be  entitled  to  allowance  for  removal 
and  subsistence  as  above  provided." 

"Article  13.  Those  individuals  and  families  of  the  Clietokee  nation  that  are  averse 
to  a  removal  to  the  Cherokee  country  west  of  the  Mississippi  and  are  desirous  to  be- 
rome  citizens  of  the  United  States  where  tliev  reside  and  such  as  are  qualified  lo  take 
care  of  themselves  and  tlieir  property  shall  he  entitled  to  receive  ilicir  due  portion  of 
all  the  personal  benefits  accniiuR  under  this  treaty  for  their  elaiins,  improvements  and 
fer  capita,  as  soon  as  an  appropriation  is  made  for  this  treaty." 

It  is  under  this  clause  of  the  treaty,  that  the  difficulty  arose. 


Not  only  with  the  Indians  in  North  Carolina,  but  the  Indians  of 
another  tribe.  Soon  after  the  ratification  of  the  treaty,  or  while  it 
was  yet  under  consideration,  they  protested  that  the  construotiou 
that  was  likely  to  be  put  upon  it,  was  not  in  conformity  with  their 
understanding,  and  not  in  conformity  with  the  contract  which  they 
signed  with  the  commissioners.  This  was  upon  finding  that  the 
loth  article  provides  that  these  expenses  of  removal,  Stc,  shall  be 
paid  out  of  the  five  mdlion  fund.  Of  course  the  Executive  and 
the  commissioners  considered  that  it  was  to  be  paid  out  of  the  In- 
dian fund  of  five  millions.  The  President  again  submitted  a  mes- 
sage to  the  Senate,  and  informed  them  that  the  expenses  of  re- 
moval must  also  be  paid  by  the  government,  and  they  accordingly 
made  an  appropriation  for  the  purpose,  and  a  supplementary  arti- 
cle was  added  to  the  treaty.  AH  these  points  are  important  to  be 
be  considered  in  order  to  arrive  at  a  correct  conclusion  on  the 
subject.  As  the  difficulties  of  emigration  increased  in  1828, 
and  as  war  was  likely  to  take  place  between  a  portion  of  the  In- 
dians and  the  white  inhabitants  on  their  borders,  the  Executive 
department  of  the  crovernment  recommended  to  Congress  lo  ap- 
propriate a  sum  to  pay  the  entire  expenses  of  removal  and  subsist- 
ence. And  upon  a  recommendation  being  sent  to  the  House  of 
Representatives,  an  appropriation  was  ma3e  of  six  hundred  thou, 
sand  dollars,  which  proved  to  be  inadequate,  however,  and  in  fact 
a  large  portion  of  the  five  million  fund  has  been  appropriated  to 
that  purpose.  But  the  Cherokees  contended  that  as  their  lands 
bad  been  sold,  they  were  entitled  to  a  full  proportion  of  this  five 
million  fund  according  to  their  numbers,  without  having  it  dimin- 
ished by  the  expenses  of  the  removal.  For  it  will  turn  out  that  if 
all  those  expenses  are  to  be  borne  by  that  fund,  a  very  small  part 
of  It  will  bo  left.  The  Inilians  insisted  that  the  express  under- 
standing at  I  he  time  this  treaty  was  entered  upon  between  the 
councilof  Indians  who  acted  on  that  occasion,  and  the  commis- 
sioners of  the  United  States,  was  that  this  allowance  for  subsist- 
ence and  removal  should  be  paid  to  all  the  Indians  alike,  whether 
removed  or  not,  on  the  ground  that  they  were  entitled  to  a  portion 
of  this  five  million  fund  as  a  consideration  for  their  lands;  for  they 
were  obliged  to  resign  them,  and  the  lands  upon  which  they  sub- 
sequently settled  they  had  to  pay  for.  Their  understanding  was, 
and  it  is  confirmed  by  the  statement  of  the  commissioners  them- 
selves, that  they  were  entitled  to  this  allowance,  and  this  is  further 
fortified  by  the  admission  of  the  War  department. 

Now  another,  and  to  some  gentlemen  perhaps  a  move  difiicult 
question  arises,  out  of  what  fund  is  this  appropriation  to  be  made? 
Is  it  to  come  out  of  this  fund  of  five  millions,  or  out  of  the  treasury 
of  the  United  States  !  This  will  depend  upon  what  consideration 
and  weight  the  Senate  on  this  occasion  and  the  House  when  the 
bill  comes  before  them,  shall  give  lo  the  decision  of  Congress  al- 
ready luade  on  this  subject.  After  the  treaty  was  ratified,  an  ap- 
plication was  inade  to  know  what  was  their  construction  of  the 
treaty,  and  the  Senate  agreed  that  it  was  intended  that  the  ex- 
pense of  removal  should  be  paid  by  the  government  independently 
of  the  five  million  fund.  And  in  IS.3S,  when  application  was  made 
to  provide  for  the  emiaration  of  Indians  west  of  the  Mississippi, 
Congress  appropriated  one  million  and  five  thousand  dollars  for 
that  purpose,  not  out  of  the  five  inilliou  fund,  but  out  of  the  Trea- 
sury. So  far,  then,  as  precedent  is  concerned,  the  matter  has  been 
decided.  Still  it  depends  upon  the  decision  of  Congress  whether 
they  will  go  on  and  pay  all  these  expenses  out  of  the  Treasury. 
I  have  made  this  explanation,  so  that  the  Senate  may  see  "and  un- 
derst.nnd  all  the  bearings  of  the  case.  I  have  bestowed  some  con- 
sideration upon  the  subject,  and  I  am  of  opinion,  that  the  govern- 
ment ought  not  to  be  required  to  pay  the  whole  of  these  expenses. 
The  government  of  the  United  States  cannot  be  called  on  to  pay 
the  whole  of  them.  It  is  well  known  that  the  expenditures  have 
been  very  extravagant,  and  that  that  extravagance  of  expenditure 
excited  considerable  attention  at  the  time.  That  portion  of  it,  at 
all  events,  the  government  cannot  justly  be  called  onto  pay.  But 
as  far  aj  the  other  portion  is  concerned,  I  thiuk  it  will  be  found 
that  the  faith  of  the  government  is  pledged  by  a  recognition  of  the 
principle  on  the  part  of  the  War  department,  and  of  both  Houses 
of  Congress.  I  think  that  the  government  is  pledged  to  pay  the 
entire  expense  of  removal  and  subsistence,  except  those  extrava- 
gant allowances  Uliich  were  made  to  a  portion  of  the  tribes. 

With  regard  to'  the  amendment  before  the  Senate,  I  shall  myself, 
if  no  other  Senator  does,  move  to  limit  the  amount  of  interest.  I 
do  not  consider  that  the  Indians  are  entitled  to  receive  interest 
from  an  earlier  time  than  when  the?  treaty  was  ratified.  I  have 
thus  alluded  briefly  to  some  of  the  grounds,  for  there  are  many, 
upon  which  the  claim  of  the  Indians  torfhis  appropriation  is  found- 
ed; and  I  shall  sit  down  content  for  the  present  with  havinc;  made 
this  preliminary  statement.  The  question  is  one,  as  I  said,  involv- 
ing a  considerable  appropriation;  and  unless  it  can  be  included  in 
this  bill,  there  is  no  hope  that  any  relief  will  be  afforded  to  the 
distresses  of  the  Indians  in  North  Carolina — any  prevention  of  lh« 
threatened  disturbances  there. 

Mr.  ATIIERTON. — From  ihe  statement  made  by  the  honora- 
ble Senator  from  Tennessee,  the  Senate  will  rerceive  the  impor- 
tance of  this  amendment — that  it  involves  not  only  some  questions 
that  are  cxciiing  difficulties  between  the  Indians  and  the  white  in- 
habitants, but  that  it  also  involves  in  its  decision  a  great  amount 
of  expenditure  on  the  part  of  the  government.  I  had  hoped,  and 
still  hope,  that  the  Senator  from  Tennessee  will  not  persist  in  an 
attempt  to  attach  this  amendment  to  the  Indian  appropriation  bill; 
but  that  it  maybe  considered  separately,  at  some  future  time, 
for  it  seems  to  me  that  an  affair  of  this  importauoe  really  deserve* 


June  1.] 


INDIAN  APPROPRIATION  BILL. 


679 


more  consideration  than  it  is  likely  to  receive,  as  an  amendment, 
to  this  bill.  It  is  not  an  appropriation,  strictly  speaking,  in  pur- 
suance of  any  existing  law,  because  the  question  arises  distinctly, 
whether  the  law  or  the  treaty  authorizes  this  appropriation  or  not; 
and  therefore  it  falls  within  the  objection  which  I  have  heretofore 
stated,  as  applying  to  amendments  to  appropriation  bills.  If  I  un- 
derstand the  honorable  Senator  from  Tennessee,  this  amendnienl, 
if  adopted,  directly  involves  an  expenditure  of  between  eighty 
and  a  hundred  thousand  dollars;  and  if  the  principle  is  recognized 
by  Congress,  it  involves  an  expenditure,  in  other  cases,  of  a  mil- 
lion and  a  half  of  dollars — a  sura  much  larger  than  the  whole 
amount  appropriated  by  this  bill. 

Mr.  BELL. — I  stated,  that  in  ray  opinion,  the  government 
would  not  be  liable  to  pay  the  whole  of  the  expenses  that  have 
been  extravagantly  incurred  in  the  removal  of  the  Indians.  The 
principle  in  the  two  cases  is  not  precisely  the  same,  although  there 
is  a  similarity  between  them. 

Mr.  ATHERTON.— Still  it  is  to  be  inferred,  that  if  Congress 
decide  in  favor  of  the  principle  embraced  in  this  amendment,  it  af- 
fords a  colorable  pretence  in  favor  of  a  claim  upon  the  ircasurv, 
which  involves  a  million  or  a  million  and  a  half  of  dollars.  It 
seems  to  mc,  then,  considering  the  importance  of  this  subject, 
there  cannot  be  that  consideration  given  to  it,  when  offered  as  an 
amendment  to  this  bill,  which  its  importance  requires;  and  I  may 
state  here  that  this  subject  has  teen  under  the  consideration  of 
the  Commissioner  of  Indian  Affairs  heretofore,  and  a  verv  long  re- 
port has  beeu  made,  I  believe,  by  Mr.  Crawford,  a  former  com- 
missioner, against  the  claim  embraced  in  this  amendment.  There 
has  been  also  a  very  longand  elaborate  opinion  given  bv  a  former 
Attorney  General,  [Mr.  Mason,]  against  this  claim,  and  that 
opinion  has  been  approved  by  the  Executive.  The  whole  subject 
has  been  under  consideration  by  the  Executive  department,  and 
after  the  most  mature  deliberation  and  investigation,  the  opinion 
of  the  executive  officers  has  been  adverse  to  the  claim.  Not  only 
that,  but  I  understand  that  at  this  very  session  the  Committee  on  In- 
dian Aflairs,  u|ion  a  memorial  relating  to  this  subject,  made  an 
adverse  report,  or  at  all  events  requested  to  be  discharged  from 
the  consideration  of  the  memorial.  I  think  I  have  seen  a  report  to 
that  effect,  made  by  a  gentleraau  who  was  formerly  chairman  of 
the  Committco  on  Indian  Affairs.  In  order  to  show  the  importance 
of  this  subject,  I  will  ask  that  a  letter  from  the  Commissioner  of  In- 
dian Affairs  be  read.  But  in  the  first  place,  to  show  what  I  conceive 
to  be  the  impolicy  of  attaching  this  amendment  to  the  Indian  appro- 
priation bill,  1  will  state  that  the  subject  is  under  consideration 
by  a  committee  of  the  House,  and  that  there  is  a  diversity  of  opin- 
ion on  the  subject,  and  that  there  will  undoubtedly  be  a  lull  discus- 
sion of  the  subject  in  the  committee  and  in  the  House.  It  is  im- 
portant that  we  should  have  ali  the  information  that  will  be  elici- 
ted bj-  that  discussion. 

Mr.  BADGER. — The  question  under  consideration  of  the  Sen- 
ate is  admitted  to  be  important,  but  it  by  no  means  follows  that  it 
is  difficult.  On  the  contrary,  I  think  a  little  attention  to  the  re- 
marks of  the  honorable  Senator  from  Tennessee  will  show  that  it 
is  a  matter  of  plain  right,  and  so  far  frora  the  amendment  being 
an  evasion  of  the  principle  for  which  the  honorable  Senator  from 
New  Hampshire  so  strenuously  insists,  this  very  sum  which  is 
now  sought  to  be  appropriated  by  the  proposed  amendment,  ought 
to  be  inserted  in  the  very  bill  which  the  chairman  of  the 
committee  has  reported  to  the  Senate.  It  is  an  Indian  ap- 
propriation bill,  by  which  a  sum  of  money  is  proposed  to 
be  appropr^ted  for  the  benefit  of  the  Indians,  to  which  sum 
they  became  entitled  under  a  treaty  with  the  United  States. — 
So  far  from  its  attachment  to  this  bill  being  irregular — so  far  from 
its  being  a  violation  of  the  strictest  rule  of  exclusion  suggestek  by 
the  Senator  from  New  Hampshire,  it  is  only  a  just  and  necessary 
attempt  on  the  part  of  the  Committee  on  Indian  Affairs  now  to  in- 
sert in  this  bill  a  provision  which  ought  to  have  been  in  it  when 
the  bill  came  originally  before  the  Senate.  Now,  I  will  undertake 
to  show,  if  the  Senate  will  give  me  their  attention  for  five  minutes, 
that  there  is  no  difficulty  whatever  in  regard  to  their  title  to  this 
allowance — that  it  is  as  clearly  and  as  undoubtedly  duo  as  any 
salary  is  due  under  the  laws  of  the  United  States  to  any  officer  of 
the  government, .and  that  the  difficulty  interposed  to  the  payment 
of  It  furnishes  an  additional  evidence  of  the  mode  in  which 
these  public  contracts  with  the  Indians  had  been  habitually  inter- 
preted by  the  agents  of  the  United  States,  entrusted  with  their  in- 
terpretation and  the  carrying  them  into  efTect.  By  the  8th  article 
of  this  treaty  it  is  stipulated  that  the  United  States  shall  remove 
the  Indians  to  their  homes  west  of  the  Mississippi,  at  the  expense 
ol  the  United  States,  and  shall  furnish  them  with  subsistence  for 
one  year  after  their  arrival  there  ;  and  then  the  article  has  this 
pro\ision  r 

"  And  they  sliall  be  allo-.ved  in  full  for  ail  claims  for  the  same  twcnly  dolhirs  foi 
each  member  of  their  family  ;  and  in  lien  of  their  own  year's  rations  they  shall  be 
paid  thesnm  of  thirty-three  dollars  and  thirty-three  cents  if  they  prefer  it.'* 

By  this  article  it  is  clear  that  a  per  capita  provision  of  twenty 
dollars  for  removal,  and  thirty-three  dollars  and  thirty-three  cent's 
for  subsistence  is  to  be  given  to  all  Indians.  Then  by  the  12th 
article  it  is  expressly  declared  that — 

Those  individ.i-ils  and  families  of  the  Cheroliee  nation  that  are  averse  to  a  reiiio 
vol  to  the  Cherokee '•onntry  west  of  the  Mississip-n  and  aic  desirous  to  become  ciu- 
iens  of  the  States  where  they  reside  and  such  as  are  qualified  to  take  care  of  them- 
selves and  tlieir  piopeny  sli,%li  be  entitled  to  receive  their  due  portion  of  all  the  person- 
ul  hcnefits  .tccrniiii:  under  this  treaty  for  their  claims,  improvements  and  per  capita  as 
soon  as  an  appropnanon  is  made  for  this  treaty."  ' 


Now,  sir,  the  only  per  capita  personal  benefit  mentioned  or  al- 
luded to  in  any  part  of  the  treaty,  is  the  payment  of  these  two 
sums  to  the  Indians  who  remove  themselves.  It  follows,  then, 
with  the  clearness  of  the  conclusion  of  a  demonstration,  that  if  the 
Indians  who  remove  themselves  were  entitled  to  this  personal  ben- 
efit, })er  capita,  the  Indians  who  chose  and  were  permitted  to  re- 
main were  entitled  to  it  also.  The  treaty  declares  this  in  so  many 
words.  The  Senator  from  New  Hampshire  says  that  long  papers 
have  been  written,  and  repeated  decisions  made  by  the  Commis- 
sionci-s  of  Indian  Aflairs,  adverse  to  this  claim.  The  length  of 
the  papers  furnishes  no  recommendation  to  me.  It  neither  makes 
them  more  agreeable  to  read,  nor,  in  my  judgment,  more  satisfac- 
tory in  arriving  at  a  conclusion.  It  is  said  also  that  the  subject 
ought  to  undergo  an  elaborate  discussion.  To  what  purpose  ? 
Why  should  that  which  is  plain  be  long  discussed  ?  If  the  subject 
has  been  examined  by  the  Executive  department,  and  they  have, 
by  a  perverse  interpretation,  cau.sed  to  be  withheld  from  these 
helpless  men  that  which  is  justly  due  to  them,  in  my  judgment  it 
is  a  reason  why  Congress  should  now  act  promptly  and  do  them 
justice.  The  committee  in  the  other  house  have  reported  the  pre- 
cise provision  which  my  honorable  friend  from  Tennessee  proposes 
to  attach  to  this  bill.  Under  these  circumstances,  why  should  not 
the  appropriation  be  made,  and  made  at  once.  The  question  is 
said  to  be  important.  Certainly,  sir,  the  expenditure  proposed  by 
this  bill  is  not  important  on  account  of  the  mere  amount  of  it.  It 
is  said  that  other  cases  will  come  forward,  if  the  principle  in  this 
case  be  allowed.  Be  it  so.  What  answer  is  ihat  ?  If  eighty 
thousand  dollars  be  justly  due,  shall  we  refuse  to  allow  it  because 
another  man  may  have  a  claim  for  a  little  more  ?  It  seems  to  me 
to  bo  a  singular  argument  with  which  to  moot  a  claim  presented 
to  the  American  Senate.  But  the  question  is  important  in  anoth- 
er aspect.  It  is  not  only  evident  that  the  Indians  who  are  per- 
mitted to  remain  should  receive  this  sum  of  money,  but  it  is  also 
plain  to  demonstration  that  the  chiefs  who  signed  the  paper  so  un- 
derstood it  ;  and.  although  ten  years  have  passed  away,  they  have 
not  received  that  which  the  government  stipulated  to  pay  to  them, 
and  they  are  restless  and  discontented  under  a  sense  of  wrong,  and 
are  becoming  disagreeable  and  troublesome  and  dangerous  neigh- 
bors ;  and  I  appeal  to  the  Senate,  that  the  importance  of  doing 
justice  to  them  makes  the  mere  amount  of  money  sink  into  com- 
parative insignificance.  Shall  we  consider,  discuss,  debate  the 
subject,  and  in  the  meantime  permit  the  peace  of  North  Carolina 
to  be  violated  ?  Shall  we  run  the  hazard  of  having  the  quiet  that 
now  exists  broken  up  tmd  destroyed  ?  And  to  what  end  ?  What 
is  proposed  to  be  accomplished  by  it  ?  Is  it  to  preserve  the  due 
and  orderly  observance  of  the  rules  under  which  appropriation  bills 
are  to  be  considered  and  passed  ?  Sir,  such  rules  should  be,  under 
such  circumstances,  dispensed  with.  But  is  It  trne  that  any  rule 
will  be  violated  ?     I  think  not. 

But  there  is  another  consideration.  The  honorable  Senator  from 
Tennessee  has  presented  this  amendment  in  the  most  unexception- 
able form.  The  sum  of  money  to  be  appropriated  is  not  to  be  paid 
to  the  Indians  until  it  shall  be  ascertained  who  of  the  Indians  that 
remain  have  not  received  the  benefit  contemplated  by  the  treaty. 
And  for  the  benefit  of  such  only  is  the  interest  upon  the  money  to 
he  paid  until  they  think  proper  to  remove  themselves  to  the  West, 
and  so  soon  as  they  do  so,  and  only  then,  is  the  principal  to  be 
paid.  Now,  here  is  a  measure  which  is  calculated  to  produce  the 
most  beneficial  effect  upon  the  State  which  I  have  the  honor  in  part 
to  represent.  It  Is  holding  out  an  inducement  to  these  Indians  to 
remove.  Some  of  them  are  good  and  valuable  citizens — others  are 
of  a  different  character  ;  and  the  object  is  to  hold  out  to  these  of 
the  latter  character  an  ioduccinent  to  remove  themselves  beyond 
the  Mississippi,  and  relieve  us  of  their  inconvenient  and  dangerous 
neighborhood.  In  my  judgment  it  is  a  perfectly  simple  question, 
and  if  we  look  at  the  terms  of  the  treaty,  it  appears  to  me  to  be 
a  plain,  obvious,  and  evident  duty  towards  the  Indians,  that  we 
should  make  the  appropriation.  By  passing  it  we  shall  accomplish 
two  objects  at  once — we  will  secure  the  peace  and  quiet  of  the 
State,  and  thus  subserve  the  interests  of  humanity,  and  we  will  at 
the  same  time  do  an  act  of  plain  and  simple  justice  towards  the 
Indians. 

On  motion  by  Mr.  BRIGHT,  it  was 

Ordered,  That  the  further  consideration  thereof  be  postponed 
until  to-morrow. 

OREGON    DILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  the  bill  to  establish  the  territorial  government  of 
Oregon. 

The  question  pending  was  upon  the  amendment  submitted  yes- 
terday by  Mr.  Hale. 

Mr.  BUTLER  said  a  bill  to  organize  a  territorial  government  for 
Oregon,  containing  essentially  iTie  provisions  of  this  bill,  with  the 
exception  of  the  12th  section,  had  been  reported  more  than  a  year 
ago  by  the  Judiciary  Committee.  At  last  session  the  bill  came 
up  from  that  committee  with  important,  and.  as  Mr.  B.  thought, 
unexceptionable  modifications.  At  this  session  it  had  been  com- 
mitted, not  to  the  Judiciary,  but  to  the  Committee  on  Territo- 
ries, of  which  he,  Mr.  B.,  was  a  member.  He  was  certain  that 
the  bill  had  been  before  that  committee  while  he  was  present.  On 
that  occasion  he  had  insisted  that  the  J2th  section  should  be  strick- 
en out  or  so  modified  as  to  contain  no  provision,  one  way  or  the 
other,  on  the  subject  of  slavery.     Upon  examination  it  appears 


680 


THE  OREGON  BILL. 


now  that  it  does  contain  such  a  provision — perhaps  a  donble  pro- 
vision. The  laws  of  Iowa  are  extended  to  Oregon.  These  laws 
may  not  in  terms  contain  the  prohibitory  provisions  of  the  ordi- 
nance of  '87.  As  Iowa  came  within  the  Alissonri  compromise,  it 
was  unnecessary  that  their  laws  should  contain  such  provisions  ; 
but  the  12th  section  contains  this  provision  : 

"  The  existing  laws  now  in  force  in  the  Territory  of  Ore-;oo,  nnfter  the  authority 
of  the  provisional  government,  established  hy  the  people,  shall  be  valid  therein." 

These  laws  contained  in  express  terms,  and  in  its  lanp:ua?c  the 
prohibitions  of  the  ordinance  of  '87.  The  bill  has  therefore  been 
reported  without  the  sanction  of  a  full  committee,  or  by  a  miscon- 
ception of  its  true  but  correct  previsions.  He  v.-as  sure  that  noth- 
ing wronger  deceptive  could  have  been  intended  by  the  chairman, 
who  was  absent.  Mr.  B.  said  he  wished  he  were  present  to  make 
explanation.  He  presumed,  however,  that  the  bill  had  been  final- 
ly acted  upon  in  committee  when  he,  Mr.  B.,  was  not  present. 

The  gentleman  from  New  Hampshire  now  proposed  another 
prohibitory  clause,  thus  shingling  over  the  ]2ih  section  with  cu- 
mulative anti. slavery  prohibitions.  He  had  been,  and  was  willing 
to  strike  out  the  12th  section,  so  that  there  might  be  no  notice  one 
way  or  the  other  of  the  subject  of  slavery.  He  presumed,  how- 
ever, thus  the  questions  must  rest,  and  if  so,  they  were  properly 
presented  in  the  amendment  offered  by  the  gentleman  from  Florida, 
to  suit  the  bill  of  last  session. 

Mr.  BRIGHT. — I  unite  with  the  honorable  gentleman  from 
South  Carolina  in  regretting  that  the  chairman  ot  the  committee 
is  not  present.  I  apprehend  that  the  bill  would  not  have  been 
called  up  in  his  absence,  if  it  were  not  for  the  peculiar  circum- 
stances by  which  we  are  surrounded.  A  communication  from  the 
President  of  the  United  States  informs  us  of  the  condition  of  things 
in  Oregon,  which  demand  our  immediate  action  upon  this  tnea- 
Bure,  in  order  not  only  that  a  territorial  governinent  may  bo  or- 
ganized there,  but  also  that  a  military  force  may  be  sent  out  to 
protect  the  people.  I  would  be  glad  to  have  the  counsel  and  ad- 
vice of  the  chairman  of  the  committee,  but  I  think  when  this  bill 
was  reported  by  him  I  fully  understood  it.  This  bill  is,  I  believe, 
substantially  and  almost  word  for  word  identical  with  that  which 
passed  the  House  of  Representatives  at  last  session.  When  it  came 
to  the  Senate  it  was  refeired  to  the  Committee  on  the  Judieiarv,  and 
by  them  leported  back  with  certain  amendments.  It  is  substantially 
the  same  bill  ns  those  by  which  Wisconsin  and  Iowa  were  brought  as 
territories  into  this  Union.  I  understand  that  the  Senator  from 
South  Carolina  and  some  other  gentlemen  object,  and  but  for  it 
there  would  be  no  difficulty  in  their  minds  as  to  the  propriety  of 
the  passage  of  the  bill.  The  12th  section  of  the  bill  is  before  us. 
It  provides  ; 

"That  the  inhabitants  of  said  territxjry  shall  be  entitled  to  all  the  ri,?ht5,  privilege*, 
and  immnnities,  heretofore  granted  and  secured  to  the  territory  of  Iowa  and  its  inhab- 
itants, and  the  existing  laws  now  in  force  in  the  terrilory  of  Oregon,  under  the  anthor- 
Jty  of  the  pvovi.ional  government  shall  continue  to  be  valid  and  operative  so  far  as  the 
Ramebe  not  incompatible  with  the  provisions  o(  this  act.  &c.  &c." 

This  section  does  not  differ  fi-om  the  bill  organizing  a  territo- 
rial government  in  Iowa  and  Wisconsin,  except  in  the  last  clause 
of  the  section  which  I  have  just  read.  It  appears  that  among  the 
provisional  enactments  in  the  present  organic  law  of  Oregon  \heio 
IS  one  providing  that  neither  slavery  nor  involuntary  servitude  other- 
wise than  for  the  punishment  of  crime,  whereof  the  parties  shall  be 
duly  convicted  shall  exist  in  .said  territory.  Now,  I13'  the  passage  of 
this  bill  with  the  12th  section,  this  enactment  remains  in  force  unless 
the  territorial  legislature  see  proper  to  alter,  modify,  or  repeal  it. 
In  the  act  bringing  Wisconsin  into  the  Union  as  a  territory  ;  the 
ordinance  of  '87,  as  it  was  called,  was  adojiteil  ;  and  also  In  tiie 
Wisconsin  territorial  bill.  The  act  now  before  us  also  adopts  tliat 
ordinance  with  the  additional  clause  recognizing  the  enacimenis 
of  the  provisional  government.  Let  rac  read  the  amendment  of- 
fered by  the  Senator  from  Florida. 

"Sec.  12.  jind  hr.  it  ftirther  riitctc:!.  That  the  inhahitants  of  -.aid  territory  shall  al- 
ways be  entitled  to  the  benefits  of  the  writ  of  habea-s  corpus  and  the  trial  by  jury,  of 
a  proportionate  representation  of  the  people  in  the  legislature,  and  of  judicial  proceed- 
ings according  totne  course  of  the  common  law.  All  prr^ons  shali^be  bailable,  unless 
for  capital  olVt  nces,  where  the  proof  sliall  be  evident  nr  the  presumption  great.  All 
fines  shall  be  moderate,  and  no  cruel  or  unusual  punishment  shall  be  inflicted.  No 
man  shall  be  depriveti  of  his  liberty  or  property  hot  by  the  judgment  of  his  peers  or  the 
law  of  the  land  ;  and  should  the  public  exigencies  make  it  necessary,  for  the  common 
preservation  to  take  any  person's  property  or  to  demand  his  parneular  servines.  full 
cnmpenBalion  shall  he  made  tor  the  same.  And  in  the  just  preservation  of  riglits  and 
property,  it  i*  i:ndprsiood  and  declared  that  no  law  ought  ever  to  «e  made  or  have 
force  in  the  said  territory  that  shall,  in  any  manner  whatever,  interfere  with  or  affect 
private  contrattsor  engagements,  bona  tide  artj  without  fraud,  previously  Ibrn.el." 

Mr.  WESTCOTT.— Will  the  Senator  permit  me  to  remark 
that  the  provisions  arc  copied  from  the  ordinance  of  1787, 
from  the  eotistitution  of  the  United  States,  and  from  the  bill  of 
rights  of  various  States  in  the  Union  ;  and  that  similar  provisions 
existed  in  the  law  organizing  the  territorial  government  of  Flo- 
rida? 

Mr.  BRIGHT.— I  have  nothing  to  say  with  reference  to  the 
portion  of  the  amendment  which  I  have  "read.  I  now  approach 
that  which  is  important  and  about  which  we  differ. 

"The  existing  laws  now  in  force  in  the  territory  of  Oregon,  under  the  authority  of  the 
provisional  government  established  liy  Ihc  people  thereof,  shall  continue  to  be  valid 
and  operative  therein,  so  far  as  the  same  be  not  inconipatiljle  with  the  principlr-s  and 
provisions  of  this  act,  unUI  the  end  of  the  first  session  of  the  Icgil.itive  assembly  of  said 
territory  and  no  longer:  Prnitiih-rt.  however.  That  no  provisions  of  such  laws  or  of  any 
act  hereafter  pnssed  by  the  legislative  assembly  of  said  terrilory  shiill  be  construed  to  re- 
•Irict  oitizens  of  any  of  the  United  States,  or  of  any  territory  thrrrof,  from  mimisiutin" 
with  their  property  to,  and  settling  and  lesiding  in  said  territorv.  and  holding  and  ros" 
•essingttieir  property  therein,  and  fully  participating  in  all  the  benefits,  advantages,  priv- 
ileges, and  immunities  tliereof  as  a  territory  of  the  United  States,  with  such  piopertv,  on 


[Thussday, 

aneool  footin.^with  citizen-:  of  any  of  the  United  States;  andalllawsand  parts  of  laws 
which  shall  operate  in  restraint  of,  or  detriment  to,  the  fall  eujovmsnt  ot  snch  rights 
are  hereliy  declared  to  be  null  and  void  ;  and  the  laws  of  the  United  Stales  are  hereby 
e.xtended  over  and  declared  to  be  in  force  in  said  territory,  so  far  as  the  same,  or  any 
provision  thereof,  may  be  applicable.*' 

The  effect  of  that  amendment  would  be  to  take  from  the  terri- 
torial legislattire  of  Oregon  the  right  to  do  their  own  legislation, 
to  declare  that  the  laws  now  in  force  under  the  provisional  "o- 
vernment  should  remain  in  force  until  modified,  altered,  or 're- 
pealed by  the  legisl.iture,  except  that  they  could  not  alter,  raodily, 
or  repeal  so  much  of  the  law  as  relates  to  the  right  of  citizens  of 
the  United  States  to  emigrate  to  that  territory,  taking  with  thom 
any  species  of  property  so  regarded  under  the  law  of  the  States. 
Wc  would  avoid  that  difficulty  if  we  could.  I  apprehend,  how- 
ever, that  we  must  meet  it  hero.  As  I  remarked  befoie,  this  bill 
is  identical  with  those  which  brought  losva  and  Wisconsin  into  the 
Union,  in  addition  to  the  clause  recognizing  the  action  of  the  pro- 
visional government.  I  do  not  desire  now  to  say  any  thing  in  re- 
ference to  the  question  included  in  the  amendment  of  the  Senator 
from  Florida.  As  I  remarked  yesterday,  if  we  act  etKciently 
in  this  case,  we  must  act  early.  'If  the  principle  involvetl  in  the 
amendment  is  to  be  discussed  at  length,  I  ap-'.-rhend  that 
this  measure  cannot  be  passed  in  time  to  afford  that  relief  to  the 
people  of  Oregon  which  all  admit  should  be  extended  to  them. 
The  remarks  of  the  Senalor.from  Missouri  must  have  convinced 
every  one  that  we  should  act  immediately.  I  regret,  then,  that  a 
sense  of  dttly — and  I  am  sure  it  was  nothing  else — should  have  in- 
duced the  Senator  from  New  Hampshire  to  raise  this  question  at 
this  time,  and  under  existing  circumstances.  It  is,  I  suppose, 
conceded  on  all  hands  that  the  country  for  which  we  piopose  now 
to  legislate,  has  nothing  to  fear  from  slavery.  Its  soil,  climate, 
geographical  position,  all  forbid  a  conclusion  of  thfit  kind,  and 
therefore  I  regret  that  the  Senator  could  not  have  permitted  the 
bill  to  pass  witliout  presenting  sueh  an  issue.  In  my  anxiety  to 
pass  this  bill,  I  would  consent  to  strike  out  the  twelfth  section,  if 
I  believed  it  did  not  materially  effect  the  bill.  But  if  that  section 
be  struck  out,  the  whole  bill  v,'ill  be  di<;jointed.  I  am  not  at  pre- 
sent prepared  with  any  substitute  for  that  section  which  could 
lake  its  and  effect  the  object  which  it  has  in  view.  I  have  only  place, 
in  conclusion,  to  remark,  that  I  believe  this  bill  is  as  perfect  as 
any  which  can  be  framed  lor  the  organization  of  a  terrilory,  re- 
serving as  much  as  relates  to  this  abstract  question. 

Mr.  FOOTE  inquired  if  the  Senator  from  Indiana  would  not 
agree  to  strike  out  the  twelfth  section  ? 

Mr.  BRIGHT. — I  cannot  consent  without  the  assent  of  the  Sen- 
ator from  -Missouri. 

Mr.  WESTCOTT.— I  desire  to  put  an  interrogatory  to  the 
Senator  from  Indiana  in  relation  to  the  construction  of  a  clause 
in  this  section  as  it  now  stands.  I  allude  to  that  cl.iuse 
which  says  that  the  people  of  Oregon  shall  be  entitled  to  all  the 
rights,  immunities,  and  privileges  heretolore  secured  to  the  people 
of  the  territory  of  Iowa.  If  I  am  right  in  my  construction,  that  is 
an  adoption  of  the  Iowa  organic  law,  and  an  adoption  also  of  the 
ordinance  of '87.  I  understood  the  Senator  to  admit  that  the 
second  cl.iuse  of  this  twelfth  section  had  that  effect. 

Mr.  BRIGHT.-— I  stated  tiiat  the  fourth  section  of  the  enact- 
ment of  the  pi-ovisional  government  excluded  slavery  from  that  ter- 
ritory; and  thai  the  adoption  of  the  twelfth  section  ■ivould  continue 
that  act  in  force  until  the  legislative  authority  of  the  territory  saw 
fit  to  alter,  modify,  or  repeal  it. 

Mr.  AVESTCOTT.— Will  the  Senator  answer  the  inquiry. 
whether  the  reference  to  the  law  of  Iowa  is  not  also  ^virtual  ex- 
elusion  of  slavery  from  Oregon  ?  Whether  it  is  not  a  virtual 
adoption  of  the  ordnance  of  '87  ? 

Mr.  BRIGHT.— I  do  not  so  understand  it. 

Mr.  BAGBY. — Is  the  question  now  on  striking  out  the  twelfth 
section  ? 

The  PRESIDING  OFFICER  replied  that  it  was  not. 

Mr.  H.\LE  asked  if  it  would  be  in  order  for  him  to  renew  hia 
motion  alter  the  vole  upon  the  amendment  of  the  Senator  from 
Florida  ? 

The  PRESIDING  OFFICER  replied  in  the  affirmative. 

Mr.  HALE. — Then  I  withdraw  my  amendment. 

Mr.  WESTCOTT.— I  object. 

Mr.  HALE. — I  ask  leave  to  withdraw  it. 

The  question  being  put,  leave  was  granted  to  the  Senator  from 
New  Hampshire  to  withdraw  his  amendment. 

Mr.  WESTCOTT.— I  desite  that  the  bill  should  bo  amended 
in  detail,  and  therefore  moved  that  in  the  first  section  all  after  the 
word  •'  provided"  be  struck  out. 

Blr.  BRIGHT. — I  believe  that  by  striking  out  iho  twelfth  sec- 
tion we  will  be  able  to  pass  the  bill  without  any  delay. 

Mr.  FOOTE  hoped  that  the  Senator  from  Florida  would  with- 
draw his  proposition,  which,  in  his  opinion,  presented  the  point  in 
a  mere  ccmplicated  manner. 

I\Ir.  AVESTCOTT. — The  gentleman  misunderstands  my  mo- 
tion.    The  first  section  of  the  bill  is  now  before  the  Senate,  and  I    . 
moved  to  strike  out  all  after  the  word  "  provided."    My  object  is 


June  1.] 


THE  OREGON  BILL. 


681 


to  perfect  the  details  of  the  bill,  as  I  eannfit  vote  for  it  unless  it 
be  corrected  in  the  details  in  almost  every  section.  I  consider  the 
details  of  the  bill  exceedingly  crude  and  objectionable,  and  not 
applicable  to  this  territory,  without  reference  to  the  question  of 
slavery  at  all. 

Mr.  BADGER. — Al'ow  rae  to  make  a  suggestion.  I  'under- 
stand that  it  is  proposed  by  gentleman  on  the  other  side  of  the 
chamber,  that  by  common  consent,  the  question  should  now  bo 
taken  on  striking  out  the  twelfth  section. 

Mr.  WESTCOTT.— I  have  no  objection  to  that. 

Mr.  BRIGHT. — My  object  in  consentinsr  to  that  was  that  the 
bill  might  pass  withoul  farther  debate;  and  under  ihe  impression 
that  the  Senator  from  Florida  would  not  Embarrass  the  bill  with 
amendments.  I  apprehend  that  the  bill  is  quite  as  perfect  as  it 
conld  be  made  in  his  hands.  I  move  then  to  strike  out  the  twelfth 
section. 

Mr.  yULEE. — I  would  inquire  whether  a  proposition  has  not 
been  made  by  my  colleague  which  has  not  been  withdrawn  ? 

Mr.  WESTCOTT.— I  have  no  obji-ction  that  the  question  should 
be  now  taken  on  striking  out  the  twelfth  section. 

Mr.  HALE. — I  withdrew  my  amendment  for  the  purpose  of 
enabling  the  Senator  from  Indiana,  who  seems  very  desirous  of 
getting  the  bill  through,  to  present  it  in  its  present  shape  for  the 
final  action  of  the  body.  If,  however,  after  having  withdrawn 
that  amendment  the  bill  is  to  be  further  amended  by  striking  out 
this  twelfth  section,  thereby  leaving  the  people  of  that  territory  in- 
finitely worse  off  than  they  now  are,  I  shall  feel  bound  to  renew 
my  amendment,  ^nd  press  it  as  well  as  I  may.  It  was  solely  be- 
cause I  was  desirous  of  removing  any  impediment  to  the  passage 
of  the  bill,  and  at  the  earnest  request  of  several  Senators  upon  the 
other  side  of  the  House  friendly  to  the  bill,  that  I  withdrew  my 
amendment.  But  if  the  bill  is  to  be  emasculated  by  the  elision  of 
this  section,  I  must  insist  upon  ray  amendment,  and  endeavor  to 
satisfy  the  Senate  that  it  ought  to  be  adopted.  Not  wishing  to 
detain  the  Senate  now,  I  ask  for  the  yeas  and  nays. 

Mr.  CALHOUN. — I  think  that  upon  reflection,  Senators  will 
perceive  that  the  difficulty  will  not  be  removed  by  striking  out  the 
twelfth  section.  I  am  not  desirous  to  create  any  delay.  Never 
have  I  raised  a  single  question  in  this  Senate,  except  '.vhen  a  hos- 
tile one  has  been  offered.  I  have  ever  acted  upon  the  defensive, 
and  on  the  defensive  I  intend  to  stand.  Now,  every  Senator  will 
see,  that  although  the  twellth  section  be  struck  out,  the  difliculiy 
will  not  be  removed,  as  the  laws  of  the  territory  will  still  exist. 
There  are  three  questions  involved  in  this  entangled  all'air.  The 
first  is,  the  power  of  Congress  to  legislate  upon  this  subject,  so  as 
to  prevent  the  slaveholding  portions  of  this  Union  from  emigrating 
with  their  property  into  any  territory.  The  next  question  is  the 
right  of  the  inhabitants  of  a  territory  to  make  a  law  excluding  the 
citizens  of  these  States  from  emigrating  thither  with  their  proper- 
ty; and  the  third  question  is  the  power  nf  Congress  to  vest  the 
people  of  a  territory  with  that  right.  All  these  questions  come 
up,  and  cannot  be  avoided.  I  regret  it  exceedingly.  The  short 
out  is  the  one  proposed  by  the  Senator  from  Florida.  As  I  under- 
stand, the  Judiciary  Committee  of  last  session,  after  a  great  deal 
of  deliberation,  reported  a  bill  providing  an  amendment  to  meet 
this  case  precisely,  upon  the  constitutional  compromises — that  the 
territory  is  open  to  all  the  citizens  of  the  United  States— that  it 
must  remain  open,  and  cannot  be  closed  but  by  the  people  of  the 
territory  when  they  come  to  form  their  own  constitution,  and  then 
they  can  do  as  they  please.  Now,  I  wish  no  delay.  If  there  is  to 
be  a  discussion,  it  would  be  better  at  once  to  separate  the  military 
portion  reported  by  the  Committee  on  Military  Aliairs  from  the 
other,  and  pass  it.  But  the  other  question  is  upon  us,  and  cannot 
be  avoided,  as  far  as  I  can  see,  except  by  the  course  that  I  have 
indicated.  It  has  not  been  brought  up  by  me,  or  by  those  who 
think  with  me.  The  w-ell  considered  bill  of  last  year  was  much 
more  satisfactory  in  its  details  than  this.  Certainly  I  am  not  will- 
ing, for  one,  to  blink  the  question  by  eluding  the  amendment  of 
the  Senator. 

Mr.  MILLER. — The  question,  as  I  understand,  is  upon  striking 
ont  the  twelfth  section.  The  objection  to  the  laws  of  the  provis- 
ional government  is  founded  on  the  fact,  that  they  abolish  slavery 
in  Oregon.  So  that  by  strking  out  this  section,  we  shall  affirm  in 
the  first  place,  that  Congress  has  no  right  to  extend  the  ordinance 
of '87  to  Oregon;  and  in  the  second  place,  that  the  people  of  Ore- 
gon have  no  right  by  law,  to  abolish  slavery.  This,  then,  is  the 
qnesiion  on  which  the  Senate  is  called  upon  to  vote.  A  Senator 
near  me,  [Mr.  Davis,  of  Massachusetts.]  suggests  the  in([uiry,  bv 
what  authority  can  slavery  be  created?  This  doctrine  goes  further 
than  anything  I  have  ever  heard.  In  the  act  admitting  Wisconsin 
into  the  Union,  it  was  expressly  declared — 

"  That  in  all  tlial  territory  ceded  by  France  to  the  United  Stales,  nnder  tlie  name 
of  Loui-iana.  wIulIi  lies  north  of  thirty  six  degrees  and  tiiirty  minutes,  nortli  latitnde, 
not  included  within  the  lin.its  of  the  State,  contemplated  by  this  act.  slavery  and  in- 
voluntary servitude,  otherwise  than  in  the  puniibment  of  crimes,  whereof  the  parties 
shall  h.ave  been  duly  convicted,  shall  be,  and  is  hereby  forever  prohibited  :  Provided, 
ahcatjs.  That  any  person  escaping  into  the  same,  from  whom  labor  or  service  is  law 
fully  claimed  in  any  State  or  Territory  of  the  L^niled  States,  such  fugitive  may  be 
lawfully  reclaimed  and  conveyed  to  the  person  claiming  his  or  her  labor  or  service  as 
aforesani." 

The  same  principle  was  applied  to  the  Territories  of  Iowa  and 
Wisconsin.  I  have  risen  merely  for  the  purpose  of  stating  the 
position  of  the  question  before  the  vote  is  taken. 

30th  Cong.— 1st   Session— No.  86. 


Mr.  DICKINSON. — I  am  one  of  those  who  recognize  the  au- 
thority of  territorial  legislation;  and  I  am  happy  to  sec  that  the 
Senator  from  from  South  Carolina  concurs  with  me,  for  he  an- 
nounces, if  I  understand  him,  that  we  are  bound  to  recognize  the 
legislation  of  the  people  of  Oregon. 

Mr.  CALHOUN. — The  Senator  is  entirely  mistaken.  The  peo- 
ple of  a  territory  can  act  as  they  please  so  far  as  the  territory  it- 
self is  concerned. 

Mr.  DICKINSON. — I  did  not  expect  that  the  Senator  intended 
to  go  further.     But  he  recognizes  a  provisional  government. 

Mr.  CALHOUN. — I  do  not  recognise  its  right  to  exclude  citi- 
zens of  the  United  States. 

Mr.  DICKINSON. — I  am  quite  ready  to  strike  out  the  twelfth 
section,  and  thus  leave  the  people  of  Oregon  precisely  where  I  de- 
sire them  to  stand,  with  the  right  to  pass  their  own  local  and  do- 
mestic laws.  I  am  equally  willing  to  retain  it.  But  as  for  the 
amendment  of  the  Senator  from  New  Hampshire,  I  shall  vote 
against  it  in  every  shape  and  form. 

Mr.  HALE. — It  has  been  withdrawn. 

Mr.  DICKINSON. — I  understand  that  it  is  to  be  renewed.  I 
shall  also  vote  against  the  amendment  of  the  Senator  from  Flori- 
da, and  vote  for  organizing  this  government  in  its  simplest  form, 
leaving  this  question  where  wc  found  it ;  allowing  it  to  take  care 
of  itself  under  the  constitution  and  local  government. 

Mr.  BAGBY. — The  part  to  which  the  Senator  from  New  York 
has  alluded,  is  one  to  which  I  intended  to  refer  as  likely  to  occa- 
sion difficulty  in  the  final  action  on  this  bill — the  right  of  a  territo- 
rial legislature  to  legislate  on  the  subject  of  slavery.  Earlv  in  the 
present  session  of  Congress  I  introduced  a  series  of  resolutions 
embracing  my  distinct  and  unalterable  views  in  regard  to  this 
whole  subject.  And  the  more  I  have  reflected  upon  the  positions 
assumed  in  those  resolutions,  the  more  I  have  become  confirmed 
in  the  belief  that  they  were  not  only  sanctioned  by  every  principle 
of  the  constitution  as  it  now  stands,  but  by  every  consideration 
of  sound  policy  and  equality,  not  among  the  States  of  this 
Union,  but  the  people  of  the  Union.  These  resolutions  declared 
three  things  ;  first,  that  the  people  of  a  territory  of  the  L^nited 
States  possessed  no  political  power  except  that  derived  from  the 
Congress  of  the  L^nited  States  in  the  act  authorizing  them  to  form 
a  temporary  government;  second,  that  Congress  itself  possessed 
no  powtr  to  exclude  a  portion  of  the  citizens  of  the  United  States 
with  their  property  from  such  ten itories;  and,  third,  that  foras- 
much as  Congress  possessed  no  such  power,  it  could  not  be  dele- 
gated to  the  territories.  Can  there  be  any  doubt  about  the  cor- 
rectness of  either  of  these  positions  ?  I  put  it  to  the  sense  of  jus- 
tice of  this  body,  whether  it  be  right,  proper,  and  constitutional, 
to  say  that  this  government  can  exclude  any  portion  of  the  people 
of  the  United  States  with  their  property,  from  territory  owned  by 
all  the  people  of  the  United  States  ?  I  ask  on  what  such  a  right 
could  be  founded  ?  I  am  not  now  going  to  question  the  power  of 
this  government  to  acquire  territory,  or  to  exercise  any  constitu- 
tional right  over  that  territory;  but  1  take  the  ground,  without  fear 
of  contradiction,  that  they  have  no  more  right  over  the  territory 
belonging  to  the  L^nited  States  than  they  have  over  other  property 
belonging  to  the  United  States.  Because  the  only  constitutional 
provision  on  the-  subject,  which  I  have  no  doubt  is  quite  familiar  to 
you,  places  territorial  and  all  other  property  on  the  same  footing. 
But  what  are  you  now  called  upon  to  do  ?  To  exercise  that  right 
of  property  merely  over  territories  belonging  to  United  States. 
And  do  you  stop  there?  No.  You  are  about  to  erect  a  barrier 
around  one  of  those  territories  over  which  a  portion  of  the  people 
can  never  leap,  unless  they  leave  their  properly  behind  them. 
That  is  the  effect  of  their  proposition  now  before  the  Senate. 

I  difler  with  the  distinguished  Senator  from  South  Carolina  with 
regard  to  the  provisions  of  this  bill  as  they  will  stand  after  the 
the  twelfth  section  is  struck  out.  That  section  constitutes  the 
great  eye-sore  with  me,  and  with  it  out  1  am  prepared  to  vote  for 
the  bill.  It  is  for  this  reason  that  I  am  in  favor  of  authorizing  the 
people  of  Oregon  to  form  a  temporary  government,  sufficient  for 
all  purposes  of  protection,  and  subordinate,  as  of  course  it  will  be 
to  the  future  action  of  Congress.  The  doctrine,  however,  contend- 
ed for  by  the  Senator  from  New  York,  is  the  most  monstrous  one 
ever  advanced  by  any  statesman  in  the  United  States,  although  I 
regret  to  say  it  has  been  maintained  by  able,  distinguished,  and 
the  Senator  wilt  permit  me  to  add,  even  more  experienced  men 
than  himself.  Will  you  allow  a  territorial  legislature  to  pass  a 
fundamental  law  and  give  sanction  to  it,  by  which  any  portion  of 
the  citizens  of  the  United  States  shall  be  excluded  from  the  terri- 
tory of  the  United  States?  I  know  it  is  said  that  the  whole  of  this 
territory  lies  beyond  a  certain  parallel  of  latitude,  and  I  admit  that 
in  all  human  probability,  slavery  never  w'U  exist  there.  I  have  no 
expectation  that  slavery  will  ever  be  found  there,  but  if  that  be 
true,  I  ask  whence  the  necessity  and  propriety  of  attempting  from 
day  to  day,  to  throw  this  barrier  around  that  territory  for  the  pur- 
pose of  keeping  out  an  institution  which  gentlemen  tell  us  by  no 
possibility  can  "ever  be  introduced  there?  These  attemjits  have 
but  one  object,  and  that  is  to  engralt  upon  the  laws  of  this  coun- 
try a  doctrine  known  to  be  repulsive  to  a  large  portion  of  the  peo- 
ple of  the  Union.  The  effect  of  it  is — I  hope  the  Senator  Irom 
New  Hampshire  does  not  design  it — to  oast  a  direct,  unneeessaryj 
and  gratuitous  insult  in  the  teoth  of  the  people  of  the  South. 


682 


THE  OREGON  BILL. 


[Thursday, 


Mr.  HALE. — Will  the  gentlemen  allow  me  to  remind  him  that 
I  have  withdrawn  my  amendment  ;  I  have  removed  my  firebrand, 
and  it  is  a  Southern  one  which  is  now  burning. 

Mr.  BAGBY. — Yes,  I  know  that  Northern  fires  burn  more 
slowly  than  Southern  fires.  But  the  Senator  from  Michigan  has 
told  us  that  he  will  kindle  his  fire  again. 

Mr.  HALE. — Not  the  Senator  from  Michigan — another  Presi- 
dential aspirant ! 

Mr.  BAGBY. — The  aspirants  are  so  plenty  that  there  is  some 
little  confusion.  But  I  pledge  myself  if  this  principle  of  abolition 
or  exclusion,  or  whatever  else  you  may  please  to  call  it,  touches 
or  taints  this  bill  at  all,  so  far  as  I  am  concerned  the  people  of 
Oregon  will  go  without  a  government  to  the  day  of  judgment. 
Now,  whence  the  necessity,  whence  the  propriety  of  thrusting 
this  measure  forward  when  we  were  told  by  those  who  advocate 
it  that  it  is  wholly  unnecessary,  as  by  the  law  of  nature  slavery 
must  forever  bee.Ncluded  from  that  territory. 

I  had  not  the  honor  of  being  in  public  life  when  the  Missouri 
compromi.-e,  as  it  is  called,  was  adopted  ;  if  I  had  been  I  should 
have  voted  against  it  for  two  reasons.  First,  because  there  was 
no  richt  to  compromise  any  of  the  provisions  of  the  constitution  ; 
and  second,  because  it  was  no  compromise  at  all.  It  was  an  ar- 
rangement by  which  the  lire  which  then  burned,  was  smothered 
for  a  time,  only  to  break  out  upon  us  continually  ever  since,  and 
which  I  fear  may  eventually  destroy  the  constitution.  It  was  a 
concession  by  one  party,  whilst  the  other  folded  its  arms  deter- 
mined at  a  future  day  to  ask  for  more.  Never  can  I  consent  to 
have  this  principle  again  engrafted  upon  any  bill.  I  deny  in  toto 
the  principle,  that  the  moment  a  few  thousand  people  get  pos- 
session of  the  pul>lic  land,  they  have  a  right  to  institute  a  territorial 
government  by  which  any  portion  of  the  people  of  the  Union  can  be 
excluded  from  it.  The  Senator  from  New  York  contends  that  the 
power  is  inherent  in  the  people.  What !  An  unorganized  com 
munity  cannot  possess  any  political  power,  if  they  did,  why  call  on 
Congress  to  authorize  them  to  form  a  territorial  government?  In- 
herent rights  attach  to  men  as  individuals,  but  not  as  communi- 
ties. The  efl'eet  of  the  doctrine  contended  for  would  be  to  cive 
to  these  unorganized  aggressions  of  individuals  the  same  political 
power  as  is  possessed  by  the  largest  and  oldest  States  of  the 
Union. 

As  I  said,  I  am  wiUins  to  vote  for  this  bill  as  it  is,  provided  the 
12th  section  be  stricken  out. 

Mr.  FOOTE  expatiated  briefly  upon  the  course  of  the  Senator 
from  New  Hampshire,  alluding  very  emphatically  to  the  dangerous 
consequences  which  the  agitation  of  this  subject  was  likely  to  pro- 
duce in  the  coming  election. 

Mr.  HALE. — It  seems  to  me  there  is  some  inconsistency  in  the 
views  of  some  gentlemen  of  the  Senate  I  am  accused  of  embar- 
rassing this  subject  by  the  introduction  of  a  proposition,  which 
seems  especially  to  alarm  the  Senator  from  Mississippi,  who  re- 
gards it  as  calculated  to  affect  the  Presidential  election.  Now.  to 
quiet  the  fears  of  the  honorable  gentleman,  I  will  tell  him,  in  all 
honesty,  that  so  far  as  I  am  advised,  luy  friends  do  not  anticipate 
running  a  ticket  in  that  election  in  the  State  of  Mississippi. 

Mr.  FOOTE. — I  will  tell  the  Senator  that  I  should  not  be  ap- 
prehensive of  the  result  of  running  any  such  ticket  in  the  neigh- 
borhood where  I  reside.  Any  other  ticket  than  that  of  Cass  and 
Butler  I  have  not  thought  of  ;  and,  if  I  had,  it  would  be  with  such 
scorn  as  would  not  allow  me  to  feel  the  least  apprehension. 

Mr.  HALE. — Well,  the  candidates  will  feel  "very  bad"  at  this 
announcement,  no  doubt !  But  I  rose  for  the  purpose  of  saying 
that  this  is  no  movement  of  mine.  I  have  thrown  in  no  firebrands. 
On  the  contrary,  I  have  been  trying  to  remove  them.  Complaints 
are  made  that  a  pestiferous  question  has  been  introduced  ;  that  a 
firebrand  has  been  thrown  into  the  Senate — a  question  introduced 
that  is  likely  to  produce  agitation.  I  can  only  say,  that  it  has 
been  my  purpose  to  remove  any  such  cause  of  agitation.  For  one, 
sir,  I  want  the  country  to  understand  what  this  proposition  is.  I 
have  always  done  ample  justice  to  the  people  of  the  South.  I 
have  said  to  my  friends  at  the  North,  when  you  hear  these  men 
you  know  them,  you  can  see  them  hard.  They  are  not  like  that 
contemptible  animal  that  I  have  not  seen  described  in  any  history 
of  animated  nature  I  have  road,  a  "  Northern  man  with  Southern 
principles."  They  are  bold  and  open.  They  tell  you  what  they 
want,  and  how  they  \\'ant  it.  When  you  deal  with  sucb  men  you 
can  understand  them.  Stripped  of  its  verbiage,  then,  the  propo- 
sition before  us  is  simply  this  ;  that  slavery  is  one  of  the  natural 
and  inherent  rlghis  of  property  which  belong  to  the  people  of  the 
South,  over  which  this  government  or  the  government  of  the  ter- 
ritory has  no  control.  I  hope  that  I  have  now  stated  correctly 
the  extent  of  this  proposition.  If  it  goes  any  farther,  I  hope  it 
Trill  be  so  announced.  The  people  of  the  North  have  been  desi- 
rous to  get  down  to  low-water  mark,  just  as  lar  as  the  requisitions 
of  this  institution  required  them  to  go  ;  but,  after  they  had  bowed 
so  low  that  their  back  was  almost  broken,  they  have  been  told  that 
there  was  a  still  lower  point  to  which  it  was  necessary  that  they 
should  go.  It  has  now,  however,  come  to  this — that  a  claim  is 
Bet  up  to  an  absolute,  inherent,  indefeasible  right,  wilfi  which  nei- 
ther Congress  nor  the  people  of  a  territory  have  any  right  to  med- 
dle. Well,  now,  is  it  possible  that  anybody  acquainted  with  the 
jCgislation  of  this  country  from  its  foundation,  can  listen  patiently 

o  such  pretensions?    Was  the  ordinance  of  '87  an  insult  to  the 


South  ?  If  so,  why  has  it  not  been  found  ont  before  ?  Why  have 
thev  permitted  that  standing  insult  to  remain  upon  the  legislation 
of  the  country  ?  How  has  it  happened  that,  with  their  peculiar 
sensitiveness  to  insult — their  chivalric  sense  of  honor — their  keen 
perceptions 

Mr.  B.^GBY. — I  did  not  say  that  the  action  of  this  government, 
in  any  respect,  upon  any  subject,  was  an  insult.  I  asked  this 
question  ;  If,  when  gentlemen  on  the  other  side  admitted  it  was 
not  necessary  to  interpose  this  obstacle  to  the  admission  of  slavery 
into  that  territory,  it  was  not  an  insult  to  the  South  to  propose  it? 

Mr.  FOOTE  —If  the  12th  section  be  stricken  from  the  bill, 
there  will  be  nothing  remaining  to  which  any  one  favorable  to  the 
institutions  of  the  South  could  in  the  least  degree  object.  The 
laws  of  Oregon  will  be  still  in  force. 

Mr.  HALE. — I  desire  to  know  if  that  section  be  stricken  out, 
and  the  bill  remain  as  it  is,  whether  the  institution  of  slavery  will 
exist  in  the  territory  of  Oregon  ? 

Mr;  FOOTE. — I  shall  come  to  that  by  and  bye. 

Mr.  HALE — I  understood  the  Senator  as  advancing  that  pro- 
position. 

Mr.  FOOTE. — Impulsive  as  I  am,  I  do  not  choose  to  commit 
myself  by  any  hasty  as,sertion.  I  was  endeavoring  to  reconcile 
the  Senator  from  Alabama  and  the  Senator  f'ora  South  Carolina, 
and  those  who  concur  with  those  gentlemen,  with  those  of  us  who 
are  opposed  to  all  agitation  on  the  subject,  and  who  belisve  that 
by  striking  out  this  clause  all  difficulty  will  be  removed  in  regard 
to  the  question  concerning  which  we  all  feel  so  much  solicitude. 
I  will  not  now  express  an  opinion  upon  the  subject,  although  I 
will  be  prepared  at  the  proper  time,  not  only  to  express  my  views, 
but  to  act  upon  it.  But  when  I  listened  to  the  eloquent  and  pow- 
ful  speech  of  the  Senator  from  Missouri  yesterday — a  speech 
that  all  must  have  listened  to  with  a  thrill  of'  admiration — I  felt 
that  I  was  listening  to  the  arguments  of  a  wise  man  and  a  patriot, 
when  that  Senator  urged  upon  us  that  wo  should  attend  to  the  bu- 
siness of  the  hour — that  we  should  perform  the  duty  which  exist- 
ing circumstances  called  upon  us  to  perform  in  behalf  of  the  feeble 
and  suffering  people,  and  that  we  should  avoid  all  factions  and  agi- 
tating discussions  upon  the  question  of  slavery,  which  he  consider- 
ed, and  which  I  conceive,  has  no  connection  with  the  subject  before 
the  Senate.  If  this  12th  section  be  stricken  out,  the  people  of  the 
territory  of  Oregon  will  be  exactly  in  the  same  condition  in  which 
the  people  of  the  various  territories  of  the  United  States  have 
found  themselves  from  time  to  time.  They  will,  have  that  power 
to  legislate  which  the  constitution  of  the  United  States  allows 
them,  and  no  more.  They  may  go  on  if  they  choose  and  reenact 
all  those  constitutional  enactments  which  they  have  heretofore 
adopted;  and  if  they  raise  the  question  of  slavery,  it  will  come  for 
adjudication  before  the  courts  of  the  country,  and  I  trust  there 
will  be  wisdom  and  patriotism  enough  in  those  tribunals  to  decide 
It  according  to  the  constitution  and  the  best  interests  of  the  com- 
munity. I  have  mv  own  views  in  regard  to  the  matter,  and  at 
the  proper  time  I  shall  not  hesitate  toexpress  them.  There  are 
resolutions  here,  presented  by  the  Senator  from  New  York,  which 
are  lying  upon  the  table  for  the  present.  When  they  come  up  for 
discussion  1  shall  announce  my  views  and  opinions — humble  as 
they  may  be — but  at  present  I  am  unwilling  to  embarrass  this 
subject  with  any  such  discussion.  And  I  invoke  the  Senator  from 
Alabama,  if  he  concur  with  me,  to  vote  in  support  of  the  motion 
to  strike  out  the  12th  section,  leaving  the  bill  in  such  a  shape  as 
by  a  fair  interpretation  of  it.  I  think  ought  to  satisfy  the  honorable 
Senator,  and  all  that  think  as  he  does,  on  the  subject  of  slavcrv- 
I  hope  I  am  understood  as  simply  being  opposed  to  the  agitation 
of  the  question.  I  know  it  can  do  no  good  to  the  question  now 
bclore  us,  pr  to  the  country  at  large;  it  may  enable  certain  indi- 
viduals who  have,  at  the  present  time,  the  sympathies  of  the  abol- 
itionists of  the  North,  to  obtain  a  little  inere.ased  popularity,  or  it 
might — a  thing  not  quite  so  lamentable,  but  yet  lamentable — it 
might  enable  the  men  in  the  Souili,  who  have  their  designs  also, 
so  unduly  to  excite  the  public  mind  there,  as  to  weaken  the  chances 
of  success  in  the  Presidential  campaign,  of  the  great  party  with 
which  I  am  allied.  I  will  avow  that  one  motive  with  me  in  keep- 
ing down  excitement  is  to  prevent  the  onfceblement  of  the  great 
democratic  party.  Efforts  have  been  made  to  excite  the  public 
mind  upon  this  pestiferous  question  to  induce  the  people  of  this 
counlry  to  support  no  individual  for  the  Presidency  who  lives  north 
of  Mason's  and  Dixon's  line.  Therefore,  I  propose  to  take  some 
safe  ground,  and  to  give  to  the  people  of  Oregon  the  protection 
which  they  stand  in  need  of,  keeping  out  of  these  halls,  for  the  pre- 
sent, the  iliscussion  of  this  pestiferous  question.  Thus,  I  think, 
we  shall  show  ourselves  as  having  acted  the  part  of  wise  states- 
men and  patriots. 

Mr.  HALE. — I  did  not  refer  to  the  gentleman  from  Alabama, 
but  to  a  remark  of  the  honorable  Senator  from  South  Carolina, 
who  said,  if  I  did  not  misunderstand  him,  that  the  proposition  was 
insulting  to  one. half  of  the  States  of  this  Union — a  sentiment  in 
which  I  believe  the  Senator  from  Mississippi  concurred. 

Mr,  FOOTE. — It  seems  to  mo  that  when  the  gentleman  from 
New  Hampshire  renews  his  amendment,  his  remarks  may  be  in 
place,  but  I  doubt  their  propriety  now.  He  certainly  is  not  jus- 
tified in  making  them  on  the  ground  that  he  is  responding  to  me. 

Mr.  HALE. — If  the  honorable  gentleman  says  he  did  not  say 
any  thing,  I  certainly  do  not  mean  to  say  any  thing  to  him.     But 


J   UNE    1.] 


THE  OREGON  BILL. 


683 


I  was  proceeding  to  inquire  how  it  happened  that  these  very  sen- 
sitive gentlemen,  with  their  keenness  of  perception  and  quickness 
of  resentment,  had  not  bel'ore  this  time  found  out  the  insult  under 
which  they  have  been  grievinff  for  more  than  half  a  century ''.  Why, 
sir,  did  they  not  make  the  discovery  when  the  bill  for  the  admis- 
sion of  Iowa  as  a  territory  was  before  this  body  ?  That  bill  con- 
tained, in  express  terms,  the  very  provisions  contained  in  the  12c  h 
section  of  the  bill  now  before  us,  which  is  now  deemed  so  insult- 
in",  and  denounced  as  a  firebrand.  I  find  that  the  question  on  the 
motion  to  lay  that  bill  upon  the  table  was  taken  by  yeas  and  nays, 
and  decided  in  the  negative  by  a  large  majority,  many  Southern 
members  voting  against  it. 

Again  I  ask,  why  did  not  the  gentleman  then  discover  this  in- 
sult to  the  South  ?  With  all  respect  to  those  gentlemen,  I  must 
say  that  1  can  have  very  little  sympathy  with  that  ex(piisitely  nice 
sense  of  honor  which  cannot  find  out  an  insult  until  it  becomes  to 
be  sixty  years  old  !  The  honorable  Senator  from  Alabama  said, 
that  by  no  possibility  could  slavery  be  introduced  into  this  territory, 
and  that  therefore  the  msult  was  the  more  mortal.  Pray,  sir,  who 
then  is  fighting  for  an  abstraction  ?  The  amendment  has  been 
withdrawn.  The  bill  is  before  us  just  as  it  was  reported  by  the 
Committee  on  the  Territories,  and  yet  these  very  gentlemen  so 
sensitive  to  insult,  wish  to  introduce  an  atnendment  giving  them 
liberty  to  carry  slaves  into  territory  where  they  say  they  never 
want  to  carry  them,  and  never  can  carry  them.  WUo,  then,  novif. 
brings  in  an  abstraction  ?  Who  thrusts  a  pestiferous  question 
upon  us  ?  Who  seeks  to  mar  the  harmony  of  the  "  party  ?"  Who 
desires  now  to  disturb  the  prospects  of  the  most  eminent  and  illus- 
trious ticket  that  is  to  sweep  the  country,  and  annihilate  all  oppo- 
sition ?  Does  the  disturbance  come  from  firebrand  abolitionists  '. 
Not  at  all,  sir.  It  comes  from  this  very  sensitive  quarter  of  the 
Union  so  prone  to  cast  reproaches  against  every  body  who  intro- 
duces this  subject  of  abolition,  as  they  are  pleased  to  call  it,  and 
who,  the  moment  it  is  withdrawn,  bring  it  in  themselves  ! 

I  know  that  I  stand  here  under  peculiar  circumstances  ;  hut  I 
can  appeal  to  gentlemen  on  the  other  side  of  the  Senate  in  pi  oof 
of  the  statement,  that  I  was  applied  to  by  those  for  whose  opinions 
I  have  deep  regard,  to  withdraw  the  amendment,  in  order  that 
they  might  proceed  with  the  bill.  At  their  request  I  did  withdraw 
the  amendment,  in  order  that  their  feelings  of  humanity  that  had 
been  appealed  to  so  eloquently  by  the  honorable  Senator  from  Mis- 
souri, to  the  profound  agitation  of  ti.e  sympathies  which  stir  the 
benevolent  heart  of  my  friend  from  Mississippi,  might  be  gratified. 
I  do  not  desire  to  be  obstinate,  or  to  embarrass  or  to  impede  the  ac- 
tion of  the  Senate.  I  am  not  at  all  desirous  of  claiming  a  right  to 
anv  of  the  hard  names  which  have  been  flying  so  thickly  around 
me,  and,  therefore,  at  the  risk  of  offending  those  whose  judgments 
1  regard  as  much  as  those  of  any  around  me,  and  who  have  stood 
by  rae  when  their  sympathies  were  worth  something,  and  their 
votes  worth  more,  I  consented  to  withdraw  this  pestiferous  amend- 
ment, this  firebrand,  in  order  to  ascertain  if  I  could  not  produce  a 
little  harmonious  action  here.  But  what  has  been  the  result? — 
Something  more  pestiferous  still  is  introduced  ;  and  when  I  re- 
minded the  honorable  Senator  from  Alabama  that  I  had  withdrawn 
it,  he  says  that  no  doubt  I  intend  to  introduce  it  again. 

Mr.  BUTLER. — Will  the  gentleman  allow  me  to  ask  him  a 
question  ?  I  unuerstand  that  the  honorable  gentleman  has  with- 
drawn his  amendment  for  the  present  only,  with  leave  to  introduce 
it  again  alter  the  amendment  of  the  gentleman  from  Florida  had 
been  disposed  of;  so  that  he  let  his  firebrand  burn  out,  when  he 
saw  another  one  likely  to  be  used,  with  the  intention  of  restoring 
his  own  afterwards. 

Mr.  HALE. — The  Senator  makes  a  statement  ;  when  he  puts 
his  question,  I  will  endeavor  to  answer  it. 

Mr.  BUTLER. — I  ask  the  gentleman  whether  he  did  not  with- 
draw his  amendment  with  a  distinct  notice  that  he  would  introduca 
it  again  ? 

Mr.  H.\LE.— I  will  answer  the  Senator.  I  asked  the  Presiding 
Officer  of  the  Senate,  if  I  withdrew  the  amendment  this  time,  and 
suffered  the  question  to  be  taken  on  the  amendment  of  the  Senator 
from  Florida,  then  pending,  whether  it  would  not  he  in  order  to  in- 
troduce the  amendment  again;  to  which  he  re  plied  in  the  affirmative. 
I  then  withdrew  the  amendment,  giving  notice  that  I  reserved  to 
myself  the  right  to  renew  it  if  1  thought  proper.  I  can  have  no 
hesitation  in  stating'what  my  intention  was.  It  was  this  :  if  the 
bill  was  allowed  to  remain  as  it  was,  I  did  not  intend  to  renew 
my  amendment;  but,  if  other  doctors  went  to  dose  it,  I  meant 
to  try  my  medicine  again.  I  believe  the  Senator  now  under- 
stands me. 

Permit  me  to  say,  that  I  differ  entirely  from  the  gentlemen  on 
the  other  side,  who  have  laid  down  the  proposition,  that  properly 
in  slaves  stands  upon  the  same  foundation  as  other  property  men- 
tioned in  the  constitution.  If  I  had  time  and  opportunity,  I  might 
present  to  the  Senator  ample  authority  for  the  distinction  which  I 
thus  announce.  I  might  bring  judicial  decision  of  the  highest  au- 
thority, from  almost  every  one  of  the  Southern  States,  to  establish 
the  proposition.  Slave  property  is  the  mere  creation  of  local,  mu- 
nicipal law;  and  when,  by  consent  of  its  owner,  it  is  removed  from 
the  territorial  limits  of  that  municipal  law,  it  ceases  to  be  proper- 
ty; the  thing  then  merges  into  a  man;  and,  although  he  may  after- 
wards  return  to  the  territory  in  which  the  character  of  property 
was  affixed  to  him,  he  cannot  be  recaptured  and  made  a  slave.  I 
believe  that  I  have  one  of  these  decisions  before  me,  and  I  may 
leler  to  it . 


Davis  vf .  Jaquin.  5  Harris  &  Johnson.  107.    Stewart  vi.  Oak»,   Not£,  Marylaod 
Court  of  Appeals,  lol3,  'M  volume  U.  S.  Digest,  p.  172.  sec.  175. 
By  the  law  passed  Dst-eniber  17,  1792.  chap.  103.  sec.  2,  "slaves  which  shall  heraaf- 
ter  be  brought  into  this  Commoaweallh,  and  kepi  therein  one  whole  year  togelher,  w 
so  long  at  different  times  as  shall  amount  toone  year,  shall  be  free." 

The  facts  are  :  This  petitioner  was  the  slave  of  the  defendant, 
who  is  a  citizen  of  Maryland,  and  resided  therein  prior  to  10th  of 
January,  1783,  and  has  resided  there  ever  since.  That  he  owns  a 
stone  quarry  in  the  State  of  Virginia,  where  he  has  been  in  the 
habit  of  taking  the  petitioner  for  a  number  of  years  past,  for  iha 
purpose  of  working  in  the  quarry,  making  the  time  of  the  petition- 
er's being  in  Virginia,  in  the  whole,  upwards  of  one  year. 
The  defendant  never  resided  in  Virginia,  except  for  the  pur- 
pose of  quarrying  stones  as  aforesaid,  and  always  returned  to 
this  State,  (where  his  family  constantly  remained)  as  soon  as  he 
got  a  sufficient  number  of  stones  to  supply  his  manufactory  at  Bal- 
timore. The  ])etitioner  never  applied  to  any  court  of  record,  or 
competent  tribunal,  in  Virginia,  for  the  purpose  of  obtaining  his 
freedom  under  the  laws  of  that  State.  The  petitioner  was  always 
brought  back  to  this  Slate  by  the  defendant  without  being  compell- 
ed thereto  bv  any  force  or  violence.  The  several  times  in  which 
the  petitioner  remained  in  Virginia  were  subsequent  to  the  pas- 
sage of  the  above-mentioned  law  of  Virginia. 

Under  this  state  of  facts  the  Court  of  Over  and  Terminer  dis- 
chargad  the  prisoner  from  slavery,  and  the  Court  of  Appeals  con- 
firmed the  judgment. 

Take  that  single  case,  and  you  have  a  most  forcible  illustration 
of  the  difference  that  exists  between  property  in  men  and  prop- 
erty in  things. 

Would  it  be  for  a  moment  contended,  that  the  title  of  the  owner 
of  a  horse  in  Virginia  would  be  extinguished  if  the  horse  were 
twelve  months  out  of  the  State?  It  is  then  a  decided  principle, 
that  this  right,  instead  of  being  a  natural,  indefeasible  right,  is  a 
qualified  one,  dependent  upon  the  local  municipal  legislation  of  tlio 
government  that  undertakes  to  establish  it.  Not  long  ago,  it  was 
decided  in  England  by  Lord  Mansfield,  that  in  "Sommersett's" 
case,  the  common  law  and  civil  law  were  both  against  the  right 
or  wrong,  whichever  you  may  please  to  call  it  ;  and,  wherever  it 
exists,  I  venture  to  say,  I  may  challenge  its  advocates  the  world 
over  to  find  a  decision  of  any  respectability  in  which  it  will  not  be 
held,  that  the  right,  wherever  it  exists,  exists  solely  by  virtue  of 
the  local  legislation  establishing  it  ;  and  that,  when  the  individual 
goes  beyond  the  limits  of  that  legislation,  he  becomes  free — that 
ri"ht  in  this  country  being  qualified  by  the  provision  of  the  consti- 
tution requiring  States  to  surrender  fugitive  slaves. 

Without  going  any  further  South,  I  might  stand  here  till  the 
shades  of  evening  should  fall  upon  us,  detailing  to  the  Senate,  in 
laniTua^e  which  I  might  poorly  attempt  to  imitate,  the  desolating 
and  demoralizing  influence  of  this  institution  upon  every  interest 
of  a  State.  I  might  go  to  Virginia,  and  selecting  my  authorities 
from  among  the  most  eminent  statesmen  that  have  adorned  this 
country,  both  of  the  living  and  the  dead,  bring  to  you  volumes  of 
testimony  as  to  the  desolating  effects  and  influences  of  this  institu- 
tion, compared  with  which,  the  wildest  fanaticism,  against  which 
you  rail,  would  be  stale  and  insipid.  But  I  forbear.  Let  rae, 
hoivever,  advert  to  one  fact  which  has  impressed  itself  upon  my 
memory  with  peculiar  force.  I  have  seen  it  in  the  other  House. 
I  have  listened  to  it  and  read  it.  When  gentlemen  of  the  free 
States  have  descanted  on  the  evils  of  slavery,  and  the  iniquity  of 
this  rrovernment  lending  itsell  to  its  further  extension  and  perpet- 
uation, gentlemen  from  the  slaveholding  States  have  immediately 
retorted  and  said,  "You  have  fastened  it  upon  us — it  was  the  ava- 
rice of  New  England  merchants  engaging  in  this  trade,  and  the 
avarice  of  the  mother  country,  which  fastened  this  institution  upon 
us  against  our  consent ;  and  now,  whilst  you  are  enjoying  the 
fruits  of  this  traffic  in  the  wealth  which  by  it  you  have  amassed, 
why  renroach  us  with  it?"  Now,  let  me  in  all  candor  and  kind- 
ness ask  these  gentlemen  if  there  is  justice  in  their  reproach,  why 
shall  we  subject  ourselves  and  our  posterity  to  the  same  reproach, 
from  the  inhabitants  of  the  territory  over  which  we  are  about  to 
or<»anize  a  government  ?  Why  should  we  incur  ihe  reproaches  of 
those  unborn  millions  who  are  hereafter  to  inhabit  these  regions  ? 
Why  should  we,  by  our  conduct,  now  justify  them  in  saying  to  our 
descendants,  "Why  was  it  that,  when  you  knew  the  enormity  of 
this  evil,  when  you  were  loading  with  reproaches  the  cupidity  of 
eastern  merchants  engaged  in  this  loathsome  traffic,  when  all  the 
calamities  which  this  institution  visits  upon  every  people  amongst 
whom  it  exists  were  visibly  before  you — why  was  it  that  you  de- 
termined that  these  hills  and  valleys  should  be  baptized  in  the  guilt 
of  its  blood  and  tears?"  Will  we  not,  sir,  justly  earn  these  bitter 
reproaches,  if,  by  our  action  now  we  extend  to  this  region  that 
which  all  admit  to  be  an  evil — and  that  too,  when  the  people  who 
now  inhabit  it,  themselves  profiting  by  our  sad  experience,  and 
warned  by  our  mournful  example,  have,  in  the  birthday  of  their 
history,  declared  that  they  desire  to  put  far  from  them  the  accur- 
sed thing '  The  honorable  Senator  from  Mississippi,  however, 
has  revealed  a  secret  which  a  great  many  men  less  honest  and  im- 
pulsive than  himself  would  have  studiously  concealed.  It  is  not 
that  justice,  and  liberty,  and  humanity,  and  truth,  stand  in  the  way; 
but.  Oh  !  it  is  the  danger  of  splitting  the  "party"  at  the  next  Pres. 
idential  election. 

Mr.  FOOTE.— I  did  not  intend  to  say  anv  such  thing  as  that 
imputed  to  me  by  the  Senator  from  New  Hampshire.  I  stated 
that  I  considered'  the  question  as  not  naturally  and  properly  arising 
at  this  time;  and  I  said  also  that  I  considered  its  effect  from  what- 
soever quarter  introduced,  would  be  of  a  most  mischievous  cliarac- 


684 


THE  OREGON  BILL. 


[Thursday, 


ter;  that  it  would  embarrass,  as  the  Senator  from  Missouri  observ- 
ed yesterday,  our  action  upon  this  bill.  I  said  in  addition,  that  I 
was  unwillins;  that  such  a<;itation  of  this  question  should  occur 
here,  as  would  a;ive  to  heartless  demagosrues  in  New  England  a 
pretext  for  that  line  of  conduct  which  signalizes  them,  and  which 
no  riglit  minded  man  and  true  patriot  would  ever  think  of  pursu- 
ing. The  motives  attributed  to  me  by  the  Senator  from  New 
Hampshire  would  place  me  upon  a  level  with  such  company  as 
the  Senator — if  the  newspapers  reporled  him  correctly — a  few 
days  ago  enjoyed  in  Now  York,  when  fraternizing,  as  I  suppose 
he  calls  it,  with  his  colored  brethren  and  his  colored  sisters.  I  al- 
ways take  what  falls  from  the  honorable  Senator,  cum  grano  salis 
— with  due  allowance,  for  I  know  that  he  has  certain  interests  at 
home  that  he  is  bound  to  regard:  and  that  there  are  certain  news- 
papers constantly  applying  the  lash  to  him,  in  order  to  goad  him 
into  the  expression  of  more  violent  and  denunciatory  language 
•   against  the  representatives  of  the  South. 

Mr.  HALE. — I  do  not  know  but  that  the  remarks  of  the  Senator 
do  require  some  notice  at  my  hands.  This  is  not  the  tirst  occa- 
sion on  which  remarks  of  a  somewhat  similar  character  have  been 
made  by  the  honorable  Senator  from  Mississippi.  I  believe  that  I 
may  bo  permitted  to  say  that  I  can  appeal  to  every  gentleman  in 
the  Senate,  on  both  sides  of  the  chamber,  that,  ever  since  I  have 
been  a  member  of  the  body,  I  have  never  on  any  occasion — in  the 
Senate  or  out  of  it — so  far  forgotten  myself  as  to  be  wanting  in 
that  respect,  that  courtesy,  and  that  kindness  which  ought  to  cha- 
racteiize  the  intercourse  of  gentlemen  and  christians.  I  believe 
that,  in  the  hearing  of  the  Senate,  I  can  appeal  to  every  man  to 
bear  me  witness,  that  on  no  occasion,  even  when  standing  alone, 
my  views  misrepresented,  my  principles  denounced,  and  my  per- 
son threatened,  have  I  so  far  forgotten  myself  as  not  to  remember 
■what  was  due  to  the  proprieties  of  this  chamber,  and  to  every  in- 
dividual with  whom  I  come  in  contact.  I  can  assure  the  honora- 
ble Senator  from  Mississippi,  and  I  think  he  cannot  deny  it,  that 
attacks  and  allusions, such  as  he  has  made,  whatever  their  elTect — 
if  they  had  any  effect — may  have  been  upon  others,  they  reached 
not  nie.  And  now  I  leave  the  honorable  Senator.  I  leave  him 
secure  in  the  enjoyment  of  all  the  glory,  all  the  reputation,  and  all 
the  self-satisfaction  which  he  may  gain  here  or  elsewhere,  now 
or  forever,  by  any  such  course  as  that  which  he  has  thought  pro- 
per to  pursue. 

Mr.  FOOTE. — Do  I  understand  the  Senator  as  saying  that  I 
demeaned  myself? 

Mr.  HALF..— Very  far   from  it! 

Mr.  FOOTE. — A  single  remark.  It  was  only  yesterday  that 
we  heard  from  the  Senator  from  New  Hampshire  a  denunciation 
of  the  Union.  His  remarks  fell  gr«tingly  upon  my  ears,  as  I  pre- 
sume they  did  upon  the  ears  of  gentlemen  around  me.  If  the  Sen- 
ator considers  that  when  guilty  of  such  conduct  he  is  to  be  free 
from  rebuke,  he  has  made  a  great  mistake. 

Mr.  HALE. — I  am  exceedingly  unwilling  to  make  myself  the 
subject  of  remark  before  this  body.  I  did  not  come  here  for  that 
purpo.se.  But  it  has  been  forced  upon  me,  and  I  must  say  a  word 
in  vindication.  The  Senator  is  entirely  mistaken  when  he  rcpre. 
sents  me  as  denouncing  the  Union. 

Mr.  FOOTE. — Did  not  the  Senator  say  that  he  would  ur<.'e  his 
amendment,  even  if  its  adoption  should  lead  to  the  dissolution  of 
the  Union  ? 

Mr.  HALE. — No  such  thing  !  I  said  that  on  this  question  we 
must  take  a  course  which  commends  itself  to  us  as  a  ri^ht — that 
having  found  where  the  right  was,  we  must  abide  bv  it,  regardless 
of  consequences — and  that  if  the  result  should  be  that  which  was 
talked  of  so  much — the  dissolution  of  the  Union — if  it  shall  be 
(ound  that  this  glorious  Union  of  ours,  endeared  as  it  was  to  us  by 
so  many  cherished  associations,  had  no  other  principle  of  cement 
but  the  blood  of  slavery,  let  it  sunder !  That  is  just  exactly  what 
I  said.  Who,  then,  speaks  of  reproach  upon  the  constitution  ? 
Who  rakes  up  the  ashes  of  the  illustrious  dead,  and  pours  con- 
tempt ujion  the  living,  but  the  man  who  would  come  forward  and 
declare  that  the  cement  of  this  Union  is  slavery  ? 

Mr.  FOOTE,  (in  his  seat.)— Nobody  says  it ! 

Mr.  HALE. — Well,  then,  I  have  not  said  that  the  Union  ou"ht 
to  bo  dissolved.  [A  laugh.]  The  honorable  Senator  has  under- 
taken to  administer  to  mc  a  great  deal  of  reproof,  and  advice,  and 
caution,  and  perhaps  he  will  think  I  spe.ik  in  irony  when  I  sav  1 
thank  him — I  thank  hini !  1  am  not  so  old  or  so  obsiinale  that  I  am 
not  vi'illing  to  bo  taught.  I  surely  evince  my  docility  when  I  say 
that  I  am  willing  to  learn  Senatorial  manners  from  the  genlleiuan 
from  Mississippi;  but  jiennit  mo  to  say  in  all  kindness — ,ind  I  mean 
no  unkindness  to  anybody — I  ilo  think  that  when  the  Senator  from 
Mississippi  undertakes  to  give  advice,  and  talk  about  "  windy  and 
gusty  harangues"  and  "antics,"  and  so  forth,  he  mistakes  liis 
calling  I    X  think  he  has  need  to  repeat  this  line  of  tljo  poet— 

'  "01  wad  Boine  power  the  giftiecicui, 

T«  see  gimelvcs  us  otlieia  see  us  I'' 


I  think  that  if  he  occasionally  reflected  on  that  line,  he  would  not 
be  found  giving  me  any  lectures  again. 

Once  for  all,  I  desire  to  say  that  we  have  strong  convictions  upon 
this  subject.  We  believe  that  slavery  is  an  evil — a  moral,  politi- 
cal, social  evil.  In  the  expression  of  that  belief  we  do  not  go  be- 
yond the  declaration  of  many  distinguished  citizens  of  the  South- 
ern States.  I  believe  that  the  legislation  of  this  country,  from  the 
adoption  of  the  constitution  to  the  present  time,  has  been  continu- 
ally subservient  to  this  institution  ;  and,  so  far  from  believing  as 
gentlemen  on  the  other  side  have  said,  that  they  stand  upon  the 
defensive,  I  believe  that  this  legislation  has  been  constantly  ag- 
gressive. I  believe  that  we  are  now  engaged  in  a  war,  costing 
us  more  than  fifty  millions  annually,  for  the  perpetuation  of  this 
institution.  I  think  I  can  call  witnesses  from  the  other  side  of  the 
Senate  to  prove,  that  at  least  one  gentleman  has  furnished  me 
with  his  deposition  in  perpetual  remembrance  of  this  fact.  But  I 
do  not  need  it.  The  lact  stands  out  so  boldly  in  the  history  of  the 
counlry,  that  neither  the  present  age  nor  posterity  can  be  in  any 
doubt  with  regard  to  it. 

I  have  trespassed  longer  than  I  intended  upon  the  attention  of 
the  Senate.  The  subject  is  by  no  means  a  pleasant  one  to  me  ; 
but,  unpleasant  as  it  is,  so  long  as  I  have  the  honor  of  a  seat  upon 
this  floor,  I  shall  on  every  fitting  occasion — of  which  I  myself  must 
be  the  judge — within  the  rule  of  the  Senate,  and  that  propriety  and 
decorum  which  become  a  body  of  gentlemen,  introduce  any  thing 
that,  in  my  judgment,  falls  within  the  range  of  legislation,  be  it 
"pestiferous"  or  not — let  it  endanger  the  success  of  any  ticket — be 
it  illustrious  or  ignoble  ;  and  when  I  offend  against  the  proprieties 
of  this  place,  or  that  decorum  which  should  prevail  amongst  men, 
I  am  willing  to  submit  to  whatever  rebuke  the  Senate  in  its  wis- 
dom may  see  proper  to  administer.  But  because  this  is  an  unpa- 
latable, unwholesome,  and  pestiferous  subject  to  the  minds  of  some 
men,  is  there  to  be  freedom  of  debate  on  e%'ery  other  subject,  and 
for  every  other  man  but  myself  on  this  subject,  and  to  me  that 
freedom  is  to  be  denied  ?  No,  sir  ;  and  I  only  regret  that  there 
have  not  been  others,  abler  and  older  men,  to  raise  their  voices  be- 
fore the  Senate,  speaking  out  what  I  know  and  what  they  know 
to  be  the  deep  convictions  of  their  constituents  on  this  subject.  I 
regret  that  this  great  issue,  upon  which  the  destinies  of  the  coun- 
try are  dependent,  should  by  the  force  of  circumstances,  or  the 
sense  of  propriety  of  those  around  me,  be  left  in  such  feeble  hands. 
But  unequal  as  I  am  to  the  task,  feeble  as  are  my  powers,  over- 
whelming  as  are  the  odds  against  me,  entertaining  these  convic- 
tions, I  must  press  them  upon  the  consideration  of  the  American 
Senate  and  the  American  people.  Permit  me  to  say,  in  no  spirit 
of  intimidation  or  menace,  that  the  people  are  a  vast  way  ahead 
of  any  of  those  who  talk  here  upon  this  floor  on  this  subject.  A 
deep  feeling  on  this  subject  sways  the  hearts  of  the  American  peo- 
ple— a  feeiing  which  is  gathering  strength,  and  never  can  be  re- 
piessed  !  In  the  Empire  State,  the  heart  of  the  young  democracy 
has  been  touched — they  have  arisen,  with  the  strength  of  another 
Samson,  and  have  snapped  asunder  like  burning  tow  the  withes  with 
which  they  have  been  bound.  And  where  is  that  other  giant  of 
the  West,  that  stretches  itself  in  the  peaceful  valley  of  the  Ohio  ? 
A  feeling  is  swelling  in  men's  hearts  there,  the  strength  and  im- 
portance of  which  are  but  little  appreciated  here.  Perhaps  the 
extent  and  depth  of  that  growing  tide  of  popular  sentiment  will 
not  be  fully  developed  until  the  last  experiment  be  made  on  their 
endurance,  in  the  nomination  of  him  whose  fame  has  been  acquired 
in  a  war  which  they  detest. 

I  leave  this  subject  for  the  present.  Itcertainly  cannot  be  more 
unpleasant  for  the  Senate  to  listen  to  me,  than  it  is  to  me  to  be 
compelled  to  utter  these  truths  here.  I  am  sensible  that  these 
poor  eflbrts  of  mine,  repeated,  as  the  honorable  Senator  from  Mis- 
sissippi has  said,  tautologically,  over  and  over  again,  are  irksome 
and  wearisome.  I  would  to  God  that  some  other  man  might  rise 
up,  not  belonging  to  the  ranks  of  a  proscribed  few — might  rise  up 
here  to  advocate  these  great  truths  !  Would  to  Heaven  that  some 
other  man  might  rise  up  and  speak,  so  that  the  Senate  and  the  na- 
tion should  know  that  when  he  spoke  his  State  and  his  party  spoke, 
those  truths  which  are  so  unwelcome,  coming  from  a  man  whose 
party  subjects  him  only  to  the  scorn  of  Senators.  If  I  am  running 
the  race  of  popularity,  I  have  chosen  a  strange  road  to  it.  Let 
me  assure  gentlemen  that  there  is  no  office  within  the  gift  of  the 
Executive  or  the  people  that  I  solicit.  Never  shall  I  condescend 
to  Hatter  po[)ular  prejudice  or  popular  jiassion.  I  sliall  content 
myself  with  the  enuncititiou  of  what  I  believe  to  be  the  truth  upon 
su<-h  occasions  as  my  own  judgment  may  commend,  willing  to  bide 
my  time  and  await  the  consequences. 

Mr.  FOOTE. — The  Senator  speaks  of  being  instructed  by  me. 
I  can  only  say  to  him,  that  if  I  should  underTake  the  task  of  in- 
structing him — an  oflico  of  which  1  am  not  at  all  ambitious — I  be- 
lieve every  Senator  will  concur  with  mo  in  the  opinion  that  I  must 
despair  of  ever  being  able  to  teach  the  Senator  to  demean  himself 
here  in  the  manner  that  most  appropriately  becomes  a  Senator  of 
the  United  States, 

On  motion, 

The  Senate  then  adjourned. 


June  2.] 


PRESENTATION  OF  A  FLAG. 


68$ 


FRIDAY,  JUNE  2,  1848. 


I 


REPORTS  FROM    THE    TREASURV    EEPARTMENT. 

The  President  pro  tempore  laid  before  the  Senate  a  report  of  the 
Secretary  of  the  Treasury,  made  in  cnmpliance  with  a  resolution 
oi  the  Senate,  relative  to  the  causes  which  have  delayed  the  erec- 
tion of  a  light-house  on  Execution  Kock  ;  which  was  read,  and 
ordered  to  be  printed. 

The  President  pro  tempore  laid  before  the  Senate  a  report  of  the 
Secretary  of  the  Treasury,  accompanied  by  a  report,  by  Professor 
R.  S.  McCulIoh,  of  scientific  researches  on  hydrometers,  prepared 
under  the  direction  of  the  superintendent  of  weights  and  measures; 
which  was  read. 

On  motion  by  Mr.  DOWNS,  it  was 

••  Ordered,  Tliat  ten  thousand  copies  thereof  be  printed  for  the 
use  of  the  Senate,  together  with  a  reprint  of  the  three  former 
documents  or  reports  which  relate  to  the  same  series  of  scientific 
researches  on  sugar,  hydrometers.  Sec,  made  by  Professor  .vicCul- 
loh,  under  the  superintendence  of  Professor  A.  D.  Bache. 

PETITIONS. 

Mr.  CALHOUN  presented  a  Tneniorial  of  merchants  and  other 
citizens  of  Charleston,  South  Carolina,  praying  that  a  contract 
entered  into  between  the  Postmaster  General  and  certain  citizens  of 
Charleston  for  carrying  the  mail  between  that  place  and  Havana, 
in  Cuba,  may  be  approved  by  Congress  ;  which  was  referred  to 
the  Committee  on  the  Post  Office  and  Post  Eoads. 

Mr.  HUNTER  presented  the  petition  of  John  R.  Bryan,  ad- 
ministrator of  Isaac  Garretson,  deceased,  late  a  purser  in  the  na- 
vy, praying  the  reimbursement  of  money  expended  for  office  rent; 
which  was  referred  to  the  Committee  on  Naval  Atfairs. 

Mr.  BREESE  presented  the  petition  of  Mary  Ann  Bronaugh, 
widow  of  a  deceased  volunteer  officer  in  the  Mexican  war,  pray- 
ing to  be  allowed  a  pension  ;  which  was  referred  to  the  Committee 
on  Pensions. 

On  motion  by  Mr.  WESTCOTT,  it  was 
Ordered,  That  Bancroft  Woodcock  have  leave  to  withdraw  cer- 
tain original  papers  filed  with  his  petition,  upon  depositing  in  their 
stead  copies  of  the  same. 

AMERICAN   FLAG    FROM  MEXICO. 

Mr.  DAVIS,  of  Mississippi,  presented  to  the  Senate  a  flag 
transmitted  by  General  Twiggs,  being  the  first  national  flag  of 
the  United  States  raised  on  the  palace  in  the  city  of  Mexicc. 

Mr.  DAVIS,  of  Mississippi. — General  Twiggs,  of  the  United 
States  array  has  transmitted  to  me  for  presentation  a  flag.  It  de- 
rives its  importance  from  the  fact,  that  it  is  the  first  flag  that  was 
raised  over  the  fortress  of  the  city  of  Mexico  after  the  capture  of 
that  city — one  of  the  most  brilliant  achievements  that  history  re- 
cords. Our  troops,  from  the  time  of  marching  to  the  Rio  Grande 
up  to  this  last  and  great  event  of  the  war,  were  every  where  met 
by  immense  and  overwhelming  numbers  of  troops,  disciplined  and 
armed  like  themselves.  Though  this  disparity  of  numbers,  like 
that  which  renders  some  of  the  ancient  conflicts  memorable,  of  it- 
self reflects  honor  upon  the  American  name,  yet  the  success  of 
onr  arms  is  the  more  to  be  admired  from  the  fact,  that  the  dispa- 
rity is  rendered  still  greater  by  the  means  of  warfare  that  is  em- 
ployed. Formerly,  when  troops  fought  with  the  pike  and  javelin, 
they  were  compelled  to  approach  so  near  each  other,  in  order  to  ren- 
der ellective  these  small  missiles  as  to  bring  the  opposing  ranks  al- 
most in  contact  But  now  the  immense  range  which  artillery  gives 
to  operations  on  the  battle  field,  aflbrds  to  that  array  which  has  the 
larger  number  of  troops,  if  they  have  equal  skill,  an  immense  ad- 
vantage, and  under  those  converging  fires  which  they  may  bring 
to  bear  upon  the  enemy,  the  smaller  force  is  obliged  to  tight  at 
great  disadvantage.  Still  the  proud  heart  of  the  American  sol- 
dier quailed  not.  and  in  every  encounter  our  troops  were  vietori- 
ons.  It  is  not  my  purpose  now,  however,  to  dwell  on  the  events 
of  the  campaign,  but  merely  to  present  this  flag,  which  is  associ- 
ated with  one  of  the  most  brilliant  events  of  the  war,  and  bears 
upon  it  the  marks  of  the  balls  of  the  enemy,  and  ask  that  such 
action  shall  be  taken  as  the  Senate  may  deem  proper. 

Mr.  DAYTON. — It  is  thought  to  be  proper,  I  believe,  this  flag 
having  been  presented, t  hat  some  resolution  should  be  proposed 
for  the  purpose  of  indicating  the  proper    action  to  be  taken  in  re- 

fard  to  it.  By  a  reference  to  the  course  of  proceeding  which  has 
een  adopted  in  past  cases,  I  find  that  it  has  been  customary  to 
deposit  flags  taken  from  the  enemey  in  the  Department  of  War, 
and  that  it  has  been  cnstomary  to  deposit  any  thing  of  this  kind 
in  the  Department  of  State.  I  beUeve  the  sword  of  Washington 
was  deposited  there.  A  flag  presented  by  the  government  of 
France  at  an  early  day  to  this  government,  was  deposited  there. 
I  have  no  resolution  prepared  at  my  table,  bw  I  beg  to  suggest  lt» 
the  Senate  a  resolution  of  tliis  character. 


Resolved,  Tliat  tlie  President  of  the  Senate  be  requested  to  have  the  flag  which  is 
now  presented,  deposited  in  the  Department  of  State. 

Mr.  DAVIS,  of  Mississippi. — I  wish  barely  to  remark  to  ray 
honorable  friend  that  this  is  a  case  without  a  precedent.  It  is  not 
a  trophy  of  war  to  go  to  the  War  Department,  nor  anything  pre- 
sented to  the  federal  government  by  another  power,  which  would 
make  it  appropriately  belong  to  the  Department  of  State.  It  is  the 
flag  which  your  own  army  has  sent  home  as  a  memento  of  the 
many  battle-fields  upon  which  it  has  been  borne  triumphantly;  and 
especially  as  a  memento  of  that  last  great  and  brilliant  achieve- 
ment by  which  the  capital  of  the  enemy  was  won.  It  has  been 
sent,  nut  to  be  buried  in  any  of  the  departments,  but  I  trust  to  be 
hung  conspicuously  some  where  under  the  action  of  the  Senate 
itself. 

Mr.  DAYTON. — I  shall  certainly  be  most  happy  to  con- 
cur in  any  suggestion  the  honorable  Senator  from  Mississippi 
may  make  in  regard  to  it,  but  I  did  suppose  that  a  depos- 
itory worthy  of  the  sword  of  Washington,  might  perhaps  not 
be  unworthy  of  the  flag  that  was  first  raised  by  our  army  in  the 
capital  of  Mexico.  Even,  sir,  the  memorial  presented  by  a  fo- 
reign government,  the  first  republic  of  Europe  at  this  day,  might 
I  think,  indicate  to  us  a  proper  place  of  deposit  for  the  flag  now 
presented  by  our  gallant  army  in  Mexico.  But  if  any  place  more 
appropriate  be  suggested  it  will  recive  my  hearty  concurrence. 
None  can  appreciate  the  ofl'ering  more  highly  than  I  do.  I  will 
most  cheerfully  concur,  therefore,  in  any  suggestion  that  may  be 
made  by  the  Senator  from  Missis'sippi,  or  any  other  gentleman  to 
indicate  a  more  fitting  place  of  deposit.  May  I  beg  that  the  sub- 
ject may  be  passed  over  for  the  present,  in  order  that  a  resolution 
may  be  prepared  ? 

Mr.  DAVIS,  of  Mississippi. — I  have  no  objection  to  that.  But 
I  certainly  think  that  the  Senate  ought  to  take  the  flag  under  its 
own  charge. 

The  further  consideration  of  the  subject  was  then  postponed 
until  to-morrow. 

PORTRAIT  OF  BARON  DE  KALB. 

Mr.  D.WIS,  of  Mississippi,  from  the  Committee  on  the  Libra- 
ry, to  whom  was  referred  the  letter  of  William  Brent,  submitted 
the  following  resolution  for  consideration  : 

Krsalred  by  the  Senate,  (.the  Hmise  of  Representatives  eoncurriiie)  That  the  por- 
trait of  Major  General  the  Baron  de  Kalb,  presented  by  his  surviving  family,  be  placed 
in  tlie  Library  of  Congress. 

THE  FLORIDA  TREATY. 

Mr.  WEBSTER,  from  the  Committe  on  Foreign  Relations,  to 
whom  was  referred  the  bill  further  to  carry  into  efl'ect  the  provis- 
ions and  stipulations  of  the  9th  article  of  the  Florida  treaty  with 
respect  to  certain  losses  of  Spanish  subjects  in  West  Florida,  re- 
ported the  same  without  amendment,  and  submitted  a  report  on 
the  subject. 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  the  report  be  printed,  and  that  five  hundred  ad- 
ditional copies  be  printed  for  the  use  of  the  Senate. 

MESSAGE    FROM    THE    PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary  : 

Mr.  President ;  The  President  of  tlic  United  States  approved  and  signed,  the  31st 
May,  the  following  acts  : 

An  act  to  provide  for  the  purchase  of  the  manuscript  papers  of  the  late  Jam«s  Mad- 
ison a  former  President  of  the  United  States. 

An  act  concerning  Spanish  steam  vessels. 

.-\  n  act  for  the  relief  of  Reynolds  May. 

An  actforthe  relief  of  Edward  Bolon. 

An  act  for  tlie  relief  of  Samuel  W.  Bell,  a  nati\eof  the  Cherokee  nation. 

All  act  for  the  relief  of  Thomas  Brownell. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mt  President  :  The  Speaker  of  the  House  of  Representatives  having  signed  an  en- 
rolled bill,  I  am  directed  to  bring  it  to  the  Senate,  for  the  signature  of  their  President. 

SIGNING  OF  A  BILL. 

The  PRESIDENT  pro  tempore  signed  the  enrolled  bill  to  re- 
fund money  for  expenses  incurred,  subsistence  or  transportation 
furnished  for  the  use  of  volunteers  during  the  present  w-ar  before 
being  mustered  and  received  into  the  service  of  the  United  States. 

CLERKS  IN  THE  DEPARTMENTS. 

The  bill  ftom  the  House  of  Repveseutatives  regulatuig  the  8p« 


686 


THE  OREGON  BILL. 


[Friday, 


pointment  of  the  clerks  in  the  executive  departments,  and  for  other 
purposes,  was  read  the  first  and  second  times,  by  unanimous  con- 
sent, and  referred  to  the  Committee  on  Finance. 

OCEAN  MAILS. 

The  Senate  proceeded  to  consider  their  amendments  to  the  bill 
of  the  House  of  Representatives  to  amend  the  act  to  provide  for 
transportation  of  the  mail  between  the  United  States  and  foreign 
countries,  and  for  other  purposes,  amended  and  disagreed  to  by  the 
House  of  Representatives;  and,  it  was 

Ordered,  That  they  be  referred  to  the  Committee  on  the  Post 
Office  and  Post  Roads,  and  that  the  amendments  be  printed. 

THE    OREGON   BILL. 

The  Senate  resumed,  as  in  Committee  of  the  AVhole,  tlie  con- 
sideration of  the  bill  to  estabhsh  the  territorial  government  of 
Oregon. 

The  question  pending  was  upon  the  motion  of  Mr.  BRIGHT  to 
amend  the  bill  by  striking  out  the  12th  section. 

Mr  BRIGHT. — When  the  bill  was  under  discussion  yesterday, 
I  moved  to  strike  out  the  12th  section,  under  the  expectation  that 
the  motion  would  lead  to  no  debate,  and  that  the  action  of  the 
Senate  upon  the  bill,  instead  of  being  retarded,  would  be  hastened. 
But  being  disappointed  in  this  expectation,  and  being  satisfied  that 
there  is  nothing  in  that  section  which  is  contrary  to  the  rights  of 
citizens  of  the  United  States,  I  now  withdraw  that  motion,  and 
shall  insist  upon  the  vote  being  taken  upon  the  bill  as  it  stands. 

Mr.  BERRIEN. — I  am  very  desirous  myself  to  avoid  the  discus- 
sion which  I  think  will  bo  the  inevitable  result  of  the  course  which 
seems  now  about  to  be  taken;  and  with  the  view  if  possible  to  ac- 
complish that  object,  I  renew  the  motion  which  has  been  just 
withdrawn  by  the  honorable  Senator  from  Indiana,  to  strike  out 
the  12th  section,  and  upon  that  question  I  ask  lor  the  yeas  and 
nays. 

They  were  ordered. 

Mr.  WESTCOTT.— I  beg  leave,  before  entering  into  the  dis- 
cussion of  ihe  main  question,  and  before  the  vote  is  taken  on  the 
motion  to  strike  out  the  12th  section,  to  make  one  or  two  sugges- 
tions as  to  matters  that  have  not  been  adverted  by  any  Senator, 
and  which  have  no  reference  to  the  subject  of  slavery. 

This  section  adopts  all  the  laws  of  the  association  called  the 
"  Provisional  government  of  Oregon,"  contrived  in  that  country 
in  1845  by  the  residents  there,  comprised  of  citizens  of  the  United 
States  and  British  subjects,  and  half-breed  Indians,  employees  of 
the  Hudson's  Bay  Company,  before  the  treaty  was  made,  and 
while  the  country  was  in  the  joint  occupation  of  the  United  States 
and  Great  Britain  under  the  old  conventions.  No  law,  either  of 
this  government  or  that  of  Great  Britain,  authorized  this  provis- 
ional government,  or  those  laws.  Are  Senators  prepared  to  adopt 
all  these  laws  in  this  way  ?  I  ask  Senators  do  tliey  know  what 
these  laws  arc  ?  Have  they  read  them  at  all  ?  We  are  called  on 
to  confirm  and  adopt  them  all  by  wholesale,  in  a  lump  \  It  seems 
the  Committee  on  Territories  that  reported  this  bill  had  not  these 
laws  before  them  !  Some  of  the  committee,  at  any  rate,  had  no 
knowledge  of  some  of  their  provisions,  particularly  that  excluding 
slavery,  till  I  directed  notice  to  ihera  on  this  floor  on  Wednesday 
last.  But  I  refer  to  all  these  laws  of  every  kind,  to  their  provis- 
ions on  every  subject,  and  particularly  to  that  read  on  yesterday 
by  the  Senator  from  Indiana,  [Mr.  Bright,]  excluding  slavery. 
Senators  in  favor  of  adopting  them,  must,  I  think,  not  know  their 
purport  and  efliact.  They  cannot  have  examined  them  and  ascer- 
tained what  they  are.  They  have  not  been  fully  submitted  to  us 
in  such  mode  and  form  that  we  can  ascertain  what  they  are'  Sir, 
some  of  them,  I  know,  are  of  a  very  peculiar  and  extraordinary 
character.  There  is  authority  given  in  their  organic  regulations 
to  their  legislature  to  pass  some  of  a  novel  character  in  this  coun- 
try. Under  that  authority,  I  am  informed,  they  have  established 
a  "  sumptuary"  law  there.  They  have  prohibited  the  introduc- 
tion, by  sea  or  by  land,  of  ardent  spirits  into  Oregon,  and  author- 
ized it  to  be  seized  and  destroyed  in  a  summary  way. 

Mr.  HALE.— Good! 

Mr.  WESTCOTT.— The  Senator  from  New  Hampshire  says 
"good!"  He  would,  perhaps,  vote  for  such  a  law.  I  will  not 
discuss  the  point  with  him;  but  what  will  he  say,  when  he  is  in- 
formed that  the  same  law  authorizes  a  kind  of  Lynch  coutt,  with- 
out a  regular  prosecution  and  jury  trial,  to  punish  the  person  ac- 
cused of  its  violation.  How  this  law  can  be  enforced  consistently 
with  the  impost  laws  and  other  laws  of  the  United  States,  will  bo 
a  diflicult  question  to  bo  answered  ?  I  will  not  discuss  the  policy 
or  propriety  of  such  temperance  regulation  by  law;  but  I  would 
submit  that  a  State  legislature,  much  less  a  territorial  legislature, 
and  above  all  such  a  '"  provisional"  concern  as  this  in  Oregon,  has 
no  power,  by  proceedings  of  this  kind,  to  nullify  all  the  revenue 
laws  of  the  United  Stales,  by  prohibiting  the  introduction  of  mer- 
chandize— the  introduction  of  ,vhich  is  a  source  of  revenue  to  the 
government.     I  ask  Senators  to  consider  this  question. 

And  I  present  another  view  of  this  subject.  Suppose  it  should 
be  found,  on  an  examination  of  these  territorial  laws  of  this  "pro- 
visional government"  of  Oregon,  that  they  had  attempted  to  es- 
tablish a  religion  there  connected  with  the  government — that  they 
hftd  excluded  Catholicism,  Presbyierianism,  ov  Methodism,  ani 


adopted  Mormonism  as  the  established  religion  of  Oregon,  by  ex- 
press law.  Can  Senator?  say  they  have  not  done  so  ?  The  Sen- 
ate  is  utterly  uninformed  respecting  it.  The  provisional  govern- 
ment had  just  as  much  power  and  right  to  do  this,  as  it  had  to 
exclude  slavery.  Both  are  acts  of  sovereignty.  Sir,  if  they  had 
the  power  to  exrlude  slavery,  they  had  the  power  to  exclude  every 
religious  sect  except  the  Mormons.  Had  not  Senators  as  well 
look  to  those  laws  carefully  before  they  adopt  ahd  confirm  them  by 
a  clause  of  eight  lines  in  this  12th  section.  By  sanctioning  these 
laws  in  this  blind  and  lumping  way,  we  may  be  giving  force  to  such 
enactments,  and  to  all  sorts  of  enactments,  equally  irreconcilable 
to  the  policy  and  principles  of  our  institutions.  I  have  looked  at- 
tentively at  these  regulations  called  the  "organic  law"  of  this 
"provisional  government."  I  find  their  legislature  or  council  is 
expressly  authorized  by  it  to  exercise  all  the  attributes  of  sove- 
reignty of  an  independent  nation  !  It  can  "  declare  war  !'•' — regu- 
late the  Indians  ! — "  regidate  the  currency!" — and  imports  and 
exports  in  every  way;  and  the  occupants,  who  made  this  or- 
ganic law,  American,  British,  and  half-breed  Indians,  have 
parcelled  out  the  public  lands  among  themselves  in  tracts  of  640 
acres  each,  in  a  most  liberal  and  statesmanlike  mode  !  Why,  sir, 
it  has  been  denied  that  the  sovereign  States  can  pass  such  laws, 
and  yet  we  are  asked  to  sanction  and  confirm  all  the  acts  of  this 
association  of  squatters  and  adventurers  called  the  "  provisional 
government,"  and  to  confirm  all  the  rights  claimed  to  be  derived 
from  them,  and  in  a  lump,  and  blindly  !  How  much  of  the  public 
lands  in  Oregon  will  remain,  worth  any  thing,  if  these  laws  are 
confirmed,  is  a  proper  inquiry  that  we  shouhl  have  answered,  be- 
fore we  pass  this  bill  as  now  presented.  I  trust  Senators  will  re- 
flect before  they  vote  to  adopt  these  laws. 

Anain,  there  is  a  preliminary  tjuestion  to  which  I  desire  to  di- 
rect the  attention  of  the  Senate,  and  which,  in  my  humble  judg- 
ment,  is  an  important  one.  What  is  this  "provisional  govern- 
ment ?"  From  whence  is  its  authority  derived  '.  What  competent 
power  authorized  it  ?  Who  formed  it  ?  It  is  a  mere  voluntary 
association  of  individuals — squatters  and  settlers  on  the  public  do- 
main there — some  Americans — some  British  subjects — the  em- 
ployees of  the  Hudson's  Bay  Company — Scotch,  Canadians,  Bois 
Brulees  or  half-breed  Indians,  and  foreigners^  all  nations,  aliens 
to  the  United  States,  who  have  patched  up  a  few  regulations  for 
their  own  conduct,  and  to  enable  them  to  get  hold  of  the  best 
lands  in  advance  of  the  emigrants,  and  this  is  styled  a  government ! 
This  concern,  framed  by  such  people,  some  subjects  of  monarchi- 
cal governments,  we  are  invoked  to  swallow  at  one  mouthful. 
They  clothe  themselves  with  all  the  high  attributes  of  sovereignly, 
and  we  are  called  on  to  sanction  the  assumption,  and  without  full 
xamination  of  their  acts.  By  such  course  we  make  their  acts  our 
acts.  It  should  be  recollected  also  that  this  provisional  govern- 
ment was  made  partly  by  British  aliens  residing  north  of  49°,  be- 
fore we  gave  up  all  between  49°  and  54°  40'.  They  helped  to 
make  these  regulations.  It  would,  it  seems  to  me,  be  quite  as 
well  to  adopt  the  charter  of  the  Hudson's  Bay  Company  at  once, 
and  perhaps  it  would  be  in  as  good  keepin"  with  the  whole  busi- 
ness. So  far  from  the  United  States  or  Great  Britain  ever  hav- 
ing given  permission  to  establish  these  laws  or  this  government, 
they  are  in  the  teeth  of  the  acts  of  the  British  Parliament  relating 
to  that  country,  and  we  never  passed  any  law  on  the  subject.  These 
laws  never  received  the  sanction  of  this  government  in  any  wise. 

The  "provisional  government,"  it  is  said,  was  formed  from  ne. 
cessity.  Be  it  so.  When  that  necessity  ceases,  the  government 
should  cease  and  give  place  to  a  legally  constituted  government. 
It  is  to  ray  mind  preposterous  to  ratify  and  adopt  their  hiose  and 
fugitive  legislation  in  this  way.  That  the  association  was  form- 
ed before  the  treaty  was  made,  and  while  Oregon  was  in  the  joint 
occupation  of  the  United  States  and  Great  Britain,  and  by  the 
stragglers  there  of  all  nations  and  of  no  nation,  is  enough  forme 
to  reject  it  and  its  laws.  Without  having  seen  their  laws,  or  at 
least  all  of  them — for  but  a  part  are  here  and  printed — we  are 
besiged  to  adopt,  ratify,  and  sanction  this  government,  and  all  of  its 
laws,  and  yield  all  the  rights  that  may  be  claimed  under  them  ; 
and  without  satislactory  knowledge  of  them  or  of  their  effect.  Sir, 
1  repeat,  without  reference  at  all  to  the  question  of  slavery — if  thai 
was  stricken  out,  I,  for  one,  have  no  idea  of  doing  this.  If  all 
about  slavery  in  this  bill  is  made  right — if  an  express  provision  is 
inserted  allowing  it  in  Oregon,  the  proposition  to  adopt  all  the 
laws  made  there  by  the  occupants  of  that  country,  more  than  half 
of  whom  were  subjects  of  a  foreign  power,  occupying  also  a  coun- 
try since  cut  off  from  Oregon  and  given  to  the  Englisf ,  is  a  mon- 
strous proposition.  I  cannot  give  it  my  support  under  any  circum- 
stances. I  would  as  soon  think  of  adopting  the  laws  of  a  band  of 
Indians  for  a  territorial  government  established  in  the  country 
where  they  reside.  I  have  deemed  it  my  duty  to  make  these  sug- 
gestions, and  I  do  trust  Senators  will  not  hastily  render  the  cry  of 
"great  necessity  for  immediate  action"  and  so  forth,  ratify  and 
sanct  ion  this  "provisional  government"  and  its  laws.  I  defer  remarks 
on  the  other  question,  that  of  slavery,  till  a  more  proper  time  will  ar- 
rive for  the  expression  of  my  views  and  opinions  at  length.  I  would 
observe  that  tlio  amendment  I  propose,  by  the  adoption  of  the  Judi. 
ciary  Committee  bill,  modifier  and  qualifies  the  adoption  of  these 
laws  so  as  to  avoid  all  dilliculties.  It  continues  them  till  the  end 
of  the  first  session  of  the  legislature,  abrogating  all  inconsistent 
with  the  principles  and  provisions  of  the  constitution  and  laws  of 
the  United  States  and  of  the  bill  itself. 

Mr.  TURNEY.— I  regret  very  much  that  this  tnotion  has  beta 
>i«'ithdrMwa  by  the  Senator  from  ludiantt.    I  bad  tboaeUt  vrhen  h« 


June  2.] 


THE  OREGON  BILL. 


687 


made  the  motion  to  strike  out  the  ]2th  section,  that  it  was  upon 
the  principle  of  establishing  a  common  ground  or  platform  upon 
which  the  North  and  South  mii^ht  meet.  That  it  was  intended  to 
leave  this  question  of  slavery  to  be  regulated  by  the  people  of  that 
territory  in  such  manner  as  suited  their  wishes  ;  to  leave  to  that 
people  the  power  to  regulate  their  own  institutions.  This  I  thought 
was  a  principle  upon  which  all  might  rally  and  all  might  stand,  as 
upon  one  common  ground.  But  he  has  thought  proper  to  with- 
draw that  motion,  and  now  the  motion  is  made  by  a  Southern 
man,  and  for  the  first  time  since  the  foundation  of  the  government 
we  are  to  have  a  sectional  vote  on  the  tpiestion  of  slavery,  with 
the  exception  of  a  few  Southern  men  perhaps  voting  with  the 
North  upon  that  question.  What,  then,  is  to  bo  our  position,  if 
we  sland  thus  divided  here  ?  If  the  question  is  to  be  forced  upon 
ns  in  this  way,  what  is  to  be  the  effect  of  it  in  the  territory  of 
Oregon,  when  you  force  Southern  men  to  say  that  they  have  no 
common  platform  on  which  they  can  meet  the  people  of  the  North? 
We  are  told  by  the  democracy  of  the  free  States  that  there  is  no 
common  ground  on  which  they  can  meet  us  on  thisquestion  of  sla- 
very. They  cannot  meet  us  upon  democratic  principles.  But  it 
appears  that  we  are  to  assume  the  principle  here,  that  upon  the 
organization  of  a  territorial  government,  that  you  will  exclude  all 
the  citizens  of  the  South  from  the  enjoyment  of  their  property  in 
such  territory.  Why,  sir,  this  is  monstrous — it  is  alarming,  and 
gentlemen  will  feel  its  consequences  in  November,  if  they  force  the 
question  upon  us  in  the  shape  in  which  it  now  is,  according  to  their 
localities.  I  had  hoped  that  a  common  platform  had  been  fixed 
upon  which  all  might  rally  and  stand  by  mutual  consent.  But, 
sir,  we  are  now  to  violate  that  principle,  and  establish  the  princi-- 
ple,  upon  the  organization  of  a  territorial  government,  of  exclud- 
mg  a  portion  of  the  citizens  of  the  United  States  from  the  privi- 
lege  of  going  into  territory  belonging  to  the  United  States  and 
there  enjoying  their  property.  Sir,  you  are  about  to  make  this  a 
paramount  question  in  all  future  elections.  You  will  make  every 
thing  else  depend  upon  and  yield  to  it.  I  appeal  to  Senators  to 
reconsider  their  determination  and  to  permit  this  section  to  be 
stricken  out  ;  for  if  we  cannot  meet  upon  this  common  ground,  this 
equitable  and  just  ground,  we  can  meet  on  none.  I  hope  the  sec- 
tion will  be  stricken  out,  for  if  it  be  not,  I  shall  be  compelled  to 
vote  against  the  bill.  I  can  vote  for  no  bill  in  which  such  a  pro- 
vision is  contained.  Whenever  it  is  assumed  here  to  exclude  sla- 
very by  direct  legislaliun,  I  shall  take  my  leave  ;  I  can  partici- 
pate in  no  such  legislation.  I  had  hoped  the  motion,  coming  from 
the  quarter  it  did,  would  have  been  persisted  in  and  sustained,  and 
that  all  would  have  united  in  allowing  the  people  of  the  territory 
ol  Oregon  to  reguhite  their  own  institutions  according  to  their 
own  inclination — placing  the  matter  upon  the  ground  of  non-inter- 
ference, and  enabling  the  North  and  South  harmoniously  to  unite. 
But  the  question  has  come,  and  perhaps  it  is  as  well  that  it  should 
come  now  as  at  any  other  period,  although  I  had  hoped  it  would 
not  have  been  forced  upon  us,  and  that  we  might  have  united  upon 
the  common  ground  of  non-interference.  Every  body  knows  that 
so  far  as  Oregon  is  concerned,  it  is  to  be  a  <rce  country.  Nobody 
expects  a  slave  ever  to  breathe  in  that  territory.  It  is  the  princi- 
ple, therefore,  that  we  contend  for,  and  which  I  had  hoped  would 
have  been  maintained,  for  if  that  principle  is  to  be  abandoned  and 
nothing  else  proposed  to  be  substituted  for  it,  upon  which  the 
North  and  South  can  meet  as  upon  common  ground,  then  we  shall 
be  completely  at  sea.  It  cannot  be  expected  that  the  South  is  to 
yield  every  thing,  nor  will  she.  If  you  have  the  power  to  adopt 
this  course  of  legislation,  compelling  this  to  be  the  exclusive  ques- 
tion in  future  elections,  it  will  not  be  very  hard,  I  think,  to  predict 
what  will  be  the  result. 

Mr.  BADGER. — Before  the  question  is  taken  upon  the  motion 
now  pending  before  the  Senate,  I  desire,  in  a  very  brief  manner, 
to  state  the  grounds  upon  which  I  shall  give  my  vole  lor  retain- 
ing the  12th  section  of  the  bill.  If  I  understand  the  state  of  the 
case  it  is  simply  this  :  the  inhabitants  of  the  territory  of  Oregon, 
in  consequence  of  Congress  having  passed  no  law  to  establish  a 
territorial  government  there,  were  left  in  a  situation  absolutelv  re- 
quiring that  some  voluntary  organization,  bv  which  they  could 
have  the  protection  of  law,  should  be  established.  They  have  con- 
sequently organized  themselves  under  the  direction  of  what  is 
called  a  provisional  government,  and  that  provisional  government 
has  established  certain  laws  for  the  government  of  the  people  of 
the  territory.  Congress  is  now  about  to  pass  a  bill  to  establish  a  reg- 
ular territorial  government  under  the  authority  of  the  United  States. 
Theeflfectof  the  passage  of  this  bill,  if  the  particular  clause  in  ques- 
tion is  stricken  out.  will,  as  I  apprehend,  be  clearly  this:  that  all  the 
legislation  established  by  this  provisional  government  for  the  regu- 
lation of  the  territory  in  its  previous  condition  and  in  its  now  present 
condition,  must  instantly  cease,  ipso  facto,  upon  this  bill  receiving 
the  sam^tion  of  the  President;  and  the  consequence  will  be,  that  the 
people  of  the  territory  must  be  left,  not  only  without  any  local  go- 
vernment, as  they  have  heretofore  been,  but  without  the  privilege 
which  they  have  heretofore  enjoyed  of  making  ren;ulations  for  their 
own  preservation.  Every  thing  that  has  been  done  will  necessarily 
cease  to  exist  the  moment  this  law  is  pas.sed.  Every  act  which  is 
adopted  by  any  of  the  now  authorities  of  the  territory,  for  carrying 
inio  execution  any  of  the  laws  for  the  security  and  peace  of  the  coui" 
try,  for  enforcing  the  rights  of  its  citizens,  and  for  punishing  viola- 
tions of  those  laws,  will  be  an  act  of  usurpation,  an  act  illegal  and 
void  in  itself.  Months  will  probably  elapse  before  any  steps'can  be 
taken  under  this  law  in  tiiat  remote  and  distant  part  of  the  country, 
to  put  the  new  system  of  government  which  this  bill  provides  into 


effectual  operation.  It  seems  to  me,  therefore,  to  result,  necessa- 
rily, that  Congress  must,  if  a  due  regard  is  to  be  paid  to  the  in- 
terests of  those  people,  introduce  some  provision  to  save  them 
from  the  inconvenient  and  dangerous  situation  in  which  the  pas- 
sage of  this  law,  without  such  provision,  would  necessarily  place 
them.  They  have  adopted  certain  laws,  and  we  must  either,  by 
a  provision  in  this  bill,  give  temporary  eflect  and  force  to  the 
whole  system  of  laws  which  they  have  established,  or  we  must ,  if 
we  legislate  on  the  subject  at  all,  make  a  selection  from  those 
laws  giving  force  and  effect  to  some,  and  excluding  from  force  and 
effect  others  of  which  we  do  not  approve. 

If  I  understand  the  objections  which  are  urged  by  the  Senator 
from  Georgia  to  this  provision  of  the  bill,  it  is  this  :  the  provisional 
government  has  established  a  prohibition  against  the  introduction 
of  slavery  into  the  territory.  And  it  is  supposed  the  retaining  this 
provision  in  the  bill,  will  have  the  effect  of  extending  the  ordi- 
nance of  1787  over  that  territory.  In  the  first  place,  I  apprehend 
that  in  the  sense  in  which  that  ordinance  operates  in  the  territo- 
ries over  which  it  has  been  extended,  and  to  which  it  was  origi- 
nally applied,  no  such  effect  or  operation  is  given  to  it  by  the  pro- 
vision contained  in  this  bill.  Where  that  ordinance  is  in  force, 
either  by  its  own  original  and  proper  application,  or  by  extension 
of  law  over  the  territories  of  the  United  States,  it  is  a  permanent, 
fixed,  and  paramount  law,  irrepealable  by  the  authorities  of  the 
territories  and  states  to  which  it  extends,  and  supposed  to  control 
the  legislation  and  render  all  the  municipal  regulations  of  those 
states  and  territories  subordinate  to  this  particular  prohibition. 
Whether  it  be  so  or  not  in  regard  to  the  territory  to  which  it  ori- 
ginally applied,  it  is  certain,  as  I  apprehend,  that  this  I2th  sec- 
tion will  give  no  such  effect  and  operation  to  that  ordinance  as  it 
stands  among  the  laws  of  the  provisional  government  of  Orcon. 
If  this  bill  is  passed  without  this  provision  its  whole  authority 
ceases  instanter.  The  bill  proposes  to  give  a  certain  degree  of 
validity  to  it  by  the  provision  contained  in  the  12th  section.  But 
the  eflect  of  that  section  is,  to  fix  upon  the  teiritory  no  provision 
of  that  sort,  to  embarrass  it  with  no  irrepealable  act  of  legisla- 
tion, but  to  give  to  this,  as  to  every  other  of  the  laws  adopted  by 
the  people  of  the  territory,  the  simple  effect  and  operation  of  mu- 
nicipal regulations,  to  be  modified,  altered,  or  repealed,  at  the 
pleasure  of  the  territorial  government.  For  myself,  I  have  nu 
particular  solicitude  whether  this  provision  be  put  in  the  bill  or 
left  out,  but  I  can  see  no  objection  to  its  remaining  in  the  bill,  lor 
it  leaves  to  the  people  of  the  territory  in  this,  as  well  as  in  other 
particulars,  the  regulation  of  their  own  afl'airs.  I  do  not  adopt 
the  notion  entertained  by  some  gentlemen,  and  gentlemen  too  of 
very  high  eminence  and  consideration  in  this  country,  that  Con- 
gress has  no  rightful  authority  to  legislate  for  a  territory.  On  the 
contrary,  I  believe  that  Congress  has  full,  supreme,  sovereign 
power  to  legislate  for  the  territories.  I  believe  that  it  has  the 
right  to  pass  any  regulation  to  be  applied  to  the  territories  acquir- 
ed by  the  United  Stales,  and  that  any  regulation  is  within  the 
power  of  Congress  which  Congress  seems  proper  to  adopt.  I  do 
not  hold,  therefore,  that  the  inhabitants  of  a  territory  have  any  in- 
herent right  at  their  own  will  and  pleasure  to  act  iii  opposition  to 
the  superior  power  and  better  judgment  of  Congress  m  regulatinr' 
this  or  any  other  subject.  While  they  continue  in  their  territorial 
state,  in  my  judgment  they  are  subject  to  the  supreme  power  of 
the  Congress  of  the  United  States,  as  representing  the  sovereignty ' 
designated  by  the  term  ''United  States  of  America,*  to  which  the 
territories  are  ceded,  or  by  which  they  are  acquired.  But  while  I 
hold  this  doctrine,  and  do  not  believe  that  it  would  bo  an  usurpa- 
tion of  power  in  Congress  to  undertake  to  regulate  this  matter,  I 
still  think  it  is  more  according  to  the  genius  of  our  system  of  "o- 
vernment  to  allow  the  inhabitants  of  the  territories  to  establi.'.h 
their  own  municipal  rules  and  regulations,  than  that  we  should  un- 
dertake to  assume  the  direction  of  thein  into  our  own  hands  ;  and 
that  when  we  have  said,  that  the  particular  renulaticn  here 
adopted  shall  be  enforced  as  the  municipal  law  of  the  territory 
until  altered  by  competent  legislative  authority,  wc  have  done 
what  involves  no  violation  of  principles;  we  have  done  what  is  en- 
tirely consistent  with  our  notions  of  liberty,  entirely  consistent 
with  those  elementary  principles  upon  which  our  institutions  are 
founded;  and  that  Congress  has  but  restrained  as  far  as  justice  re 
quires,  irregular  legislation  on  the  part  of  the  territory.  With 
these  views  I  am  disposed  to  vote,  and  shall  vote,  for  retaining 
this  section  in  the  bill;  at  the  same  time,  if  it  had  been  the  con- 
tinued disposition  and  pleasure  of  the  gentleman  who  has  charge 
of  the  bill,  and  the  determination  of  the  Senate  by  common  con- 
sent, to  leave  out  that  provision,  I  should  have  had  no  objection. 
I  do  not  consider  that  it  is  indispensably  necessary,  but  when  called 
upon  to  vote  on  the  question,  whether  it  shall  be  stricken  out,  per- 
ceiving no  error  in  the  provision,  and  believing  it  under  the  cir- 
cumstances to  be  expedient,  I  shall  vote  for  retaining  it. 

Mr.  RUSK. — I  regret  that  the  honorable  Senator  from  Indiana 
thought  proper  to  withdraw  his  motion;  for  I  saw  in  that  motion  a 
ground  upon  which  we  might  all  meet,  and  harmoniously  proceed 
in  giving  to  the  territory  of  Oregon  a  government.  In  my  opinion, 
the  Senator  from  North  Carolina  is  greatly  mistaken,  if  he  sup- 
poses that  when  we  strike  out  this  section  it  repeals  any  law  of 
the  provisional  government.  It  is  a  general  principle  of  law.  that 
all  laws  that  have  been  enacted  remain  in  force  unless  specially 
repealed.     The  ]5th  section  of  this  act  is  in  these  words: 

Sec.  15.  And  be  it  furthex  enacted,  Tliat  all  suits,  process,  and  proceedings,  civil 
and  criminal.  ;it  law  and  in  chancery,  and  all  indictments  and  informations,  which 
shall  be  pending  and  nnde'ermined  in  the  conrts  established  by  aothonty  of  the  pro- 
visional government  of  Oregon,  within  the  limits  of  said  territory,  when  this  actthaJI 


683 


THE  OREGON  BILL. 


[Friday, 


take  effect  Ehall  be  (raiisferred  to  be  heard,  tried,  prosecuted,  and  determined  in  tbe 
district  coQrLs  hereby  eslublished,  which  mav  include  the  counties  or  district*  wiierp 
any  snch  proceedings  may  be  pending.  All' bonds,  recognizances,  and  obligations  ol' 
every  liind  whatsoever,  valid  under  the  exiiling  laws  within  the  hmils  of  said  territo- 
ry, shall  he  valid  under  this  act;  and  all  crime*  and  misdemeanors  against  the  laws  in 
force  within  the  said  limits,  may  be  prosecuted,  tried,  and  punished  in  the  conrU  esta- 
blished by  this  act;  and  all  penalities,  forfeitures,  actions,  and  causes  of  action,  may 
be  recovered  nnder  this  ac»,  tbe  same  as  tiiey  would  have  been  under  llie  laws  in 
force  wilJiin  the  limits  composing  said  territory  at  the  time  this  act  sliall  go  into 
operation. 

Here  every  thing  is  provided  for  relating  to  the  civil  and  crimi- 
nal administration  of  justice,  and  the  12th  section  is  neither  more 
nor  lesv  than  what  is  declared  here,  with  the  addition  that  it  is  the 
direct  action  of  this  government  on  the  subject  of  slavery;  such  ac- 
tion as  I  hoped  we  would  have  avoided.  But  in  regard  to  the  appre- 
hensions of  the  Senator  from  North  Carolina,  that  we  are  leaving 
to  the  local  government  of  the  territory  no  power  to  legislate  upon 
this  subject, — 

Mr.  BADGER. — The  honorable  Senator  misunderstood  me.  I 
did  not  mean  that  we  wore  leaving  them  no  power  to  legislate  ; 
but,  that  by  striking  out  the  12th  section  and  adopting  this  bill 
without  it,  we  annihilata  their  enactments  and  leave  them  with- 
out any. 

Mr.  RUSK  — I  differ  from  the  honorable  Senator.  Wo  do  not 
repeal  their  laws;  there  is  not  a  single  word  to  that  effect  in  this 
bill;  and  it  is  a  general  principle,  that  all  laws  continue  to  exist 
until  they  are  specially  rapealed,  or  expire  by  limitation.  The 
15th  section  is  sufficient  to  keep  them  in  force,  and  the  12th  sec- 
tion is  entirely  useless,  unless  it  be  thought  necessary  to  bring  up 
this  vexed  question. 

Mr.  WESTCOTT  asked  for  the  reading  of  .some  of  the  enact- 
ments of  the  provis'onal  government  of  Oregon. 

They  were  read  by  the  Secretary. 

Mr.  BUTLER. — If  I  were  not  a  member  of  the  Committee  on 
Territories,  I  wotild  not  again  trespass  on  the  attention  of  the 
Senate.  But  it  is  evident  that  the  12th  section  of  this  bill  does 
not  appear  with  the  sanction  of  a  full  meeting  of  that  committee. 
Yesterday  I  made  some  remarks  explanatory  of  the  relation  which 
1  sustain  to  the  bill.  It  was  under  discussion  before  the  commit- 
tee on  one  occasion  when  thei'e  were  but  three  or  four  present ; 
and  since  I  have  reflected  on  the  facts,  I  have  become  entirely 
satisfied  that  I  was  uncompromisingly  opposed  to  that  section  of 
the  bill,  and  insisted  on  its  being  struck  out.  It  was  retained, 
and  came  here  with  the  sanction  of  only  two  members  of  the  com- 
mittee, in  conflict  with  the  principle  ol  a  bill  deliberately  prepared 
and  well  digested  by  one  of  the  ablest  committees  that  ever  re- 
ported on  a  subject  of  this  kind — I  allude  to  the  bill  reported  by 
the  Judiciary  Committee  at  the  last  session.  In  my  apprehension, 
the  provisions  of  that  bill  were  entirely  unexceptionable;  and  yet, 
■with  a  view  of  avoiding  the  agitation  of  this  subject,  I  yielded 
yesterday  to  the  suggestion  that  if  the  amendments  were  with- 
drawn, this  section  might  be  strnck  out,  so  that  all  objection  might 
be  obviated,  which  might  come  from  any  section  of  this  confedera- 
cy; leaving  to  the  inhabitants  of  Oregon,  in  the  organization  of  the 
government  which  we  are  now  about  to  give  them,  the  entire  con- 
trol of  the  subject,  witliin  the  rightliU  limits  of  territorial  jurisdic- 
tion, without  indicating  by  definition  or  description  what  those 
limits  shall  be.  To  say  m  advance  that  they  shall  not  allow  slavery 
to  exist,  or  to  impose  a  restriction,  if  not  wrong  in  itself,  is  odious 
in  its  intendment.  It  is  more  than  probable  that  ultimately  the 
people  of  Oregon  will  have  no  such  institution  as  slavery  among 
them;  and  that,  too,  under  physical  laws  more  powerful  in  inllu- 
ence  than  any  that  we  can  impose.  What  law's  their  territorial 
legislature  may  think  proper  hereafler  to  pass,  I  will  not  antici- 
pate. It  is  only  when  they  become  a  State  that  they  have  a  per- 
fect jurisdiction  on  the  subject.  It  is  not  likely  that  Congress  will 
ever,  under  its  revising  power,  exercise  a  controlling  influero; 
over  the  legislature  of  the  territory.  All  that  we  of  the  south 
now  ask  is,  that  no  principle,  by  implication,  may  be  engrafted  on 
our  legislation  to  be  held  up  as  a  precedent,  or  as  a  rcbukinii  con- 
cession, upon  other  and  more  real  occasions,  involving  our  interests. 
Here  my  friend  from  North  Carolina,  for  whoso  opinion  as  a  lawyer  I 
entertain  high  respect,  rises np  and  contends  that  blindly,  without  in- 
telligence, we  shall  adopt  a  legislation  for  Oregon — that  we  shall 
recognize  the  legislation  of  the  provisional  government  without  a 
full  kniuvledgo  of  it.  That  is  a  blind  faith  to  which  I  shall  never 
yield  on  any  occasion.  I  am  quiic  willing  to  leave  them  the  right 
to  adopt  hereafter  the  laws  which  they  may  have  made,  but  I  can 
not  go  to  the  extent  which  is  now  proposed,  and  recognise  their 
right  by  the  power  incident  to,  or  inherent  in,  as  .some  contended, 
their  territorial,  condition  to  exclude  slavery.  An  important  prin- 
ciple, it  will  be  seen,  is  here  involved;  and  I  cannot  consent  to  a 
principle  which  I  regard  as  an  utter  heresy.  Wo  have  the  sole 
right  to  legislate  for  territories,  and  wo  can  exercise  it  either 
through  the  agency  of  Congress,  or  through  delegated  authority 
conferred  upon  the  territorial  government.  Hut  in  the  present 
case  it  is  maintained  that  the  right  belongs  exclusively  to  the  ter- 
ritorial government,  and  that  wo  are  to  be  bound  by  its  action. 
I  can  never  concur  in  that  opinion.  It  is  a  convenient  proposition 
I  admit.  I  will  not  say  that  it  is  likely  to  enter  into  the  political 
canvass  for  the  Presidency.  I  have  no  doubt  that  by  many  the 
opinion  is  honestly  entertained,  but  I  would  bo  guilty  of  treason  to 
the  interests  of  my  constituents,  if  I  permitted  them  to  bo  mixed 
up  with  the  contests  of  the  day  for  tho  Presidency.  I  trust  I  shall 
never  give  up  my  birth-right  for  a  mess  of  poltago. 


Mr.  BADGER. — I  intend  to  oceiipv  only  a  few  minutes  in  re- 
ply to  my  friends  from  Texas  and  North  Carolina.  My  friend 
from  Texas  supposes  that  without  any  recognition  by  Congress  of 
the  municipal  regulations  made  by  the  people  of  this  territory, 
they  will  nevertheless  continue  in  force  until  they  shall  be  repealed 
by  some  legislative  authority.  And  he  supposes  further,  that  the 
fifteenth  section  of  the  bill  does  precisely,  by  necessary  implicatinn, 
that  which  the  twelfth  section  does  in  express  terms.  Putting  , 
these  two  propositions  togetlier,  I  must  confess  that  I  was  sur- 
prised to  hear  my  friend  s.ay  that  we  stood  in  a  different  posi- 
tion in  relation  to  the  subject  which  produces  the  objection, 
by  striking  out  the  twelfth  section.  If  he  be  correct  in  tho 
proposition  that  without  any  sanction,  direct  or  implied,  on 
our  part,  these  regulations  continue  in  force  as  laws  nntil  they  are 
altered  or  repealed,  why,  then,  by  voting  for  a  bill  which  con- 
tains no  repeal  or  disapprobation  of  anyone  of  these  laws,  he  does 
indirectly  keep  them  all  in  force;  and  how  has  he  avoided  the  dif- 
ficulty which  he  supposes  to  exist  in  retaining  the  twelfth  section? 
And,  again,  if  the  iilteenth  section  of  this  bill  impliedly  recognizes 
and  establishes  the  laws  now  in  force  until  they  are  repealed,  does 
not  my  friend  see  that  the  subject  stands  precisely  in  the  same  atti- 
tude, that  the  law  has  precisely  the  same  legal  effect,  as  if  the 
twelfth  section  were  retained  1  There  is  no  conceivable  difference 
in  the  effect  and  operation  of  an  implied  sanction  of  an  act,  ai  d 
an  express  sanction  of  it.  If  the  sanction  be  necessary  to  give 
validity  and  an  implied  sanction  be  given,  the  validity  is  given.  If 
it  be  not  necessary  to  give  sanction  to  the  act,  it  follows  as  a  ne- 
cessary consequence,  that  with,  or  without  it,  it  is  in  force.  Nor  is 
it  true  that  the  particular  provision  to  which  the  Senator  has  re- 
ferred, saj's  nothing  about  any  body  of  law,  that  may  have  been 
established  there.  But  if  he  will  look  to  that  sanction  in  connec- 
tion with  the  position  which  he  himself  has  laid  down,  it  follows 
according  to  my  apprehension,  as  the  direct  and  inevitable  con- 
sequence that  in  my  friend's  view  of  the  case,  the  striking  out  or 
the  retention  of  the  twelfth  section  of  the  bill,  is  a  matter  of  per- 
fect indifl'erence.  But  how  is  the  fifteenth  section  an  establish- 
ment of  existing  laws  ?  It  is  a  just  and  proper  sequence  from  the 
provision  made  in  the  twell'th  section.  The  twelfth  section  adopts 
the  laws,  and  the  fifteenth  proceeds  to  declare  that  processes  and 
proceedings  in  couits  of  justice,  may  be  taken  in  courts  establish- 
ed by  this  act,  for  the  purpose  of  giving  validity  to  these  existing 
laws.  It  may  be  true,  that  tho  fifteenth  section  standing  by  itself, 
would  have  the  force  of  law  to  carry  into  effect  all  municipal  reg- 
ulations there.  If  so,  why  object  to  the  twelfth  section,  which 
does  the  same  thing  in  terms.  I  hope  that  my  friend  from  South 
Carolina,  does  not  understand  me  as  saying  that  there  is  an  inhe- 
rent right  or  authority  in  these  territories,  to  set  themselves  above 
congressional  legislation.  My  doctrine  upon  that  subject  is  direct- 
ly the  contrary. 

Mr.  BUTLER. — I  did  not  understand  tho  Senator  as  taking 
that  ground.  But  I  remarked  that  in  my  opinion,  such  an  infer- 
crence  might  be  drawn  from  his  reasoning.  My  essential  objec- 
tion was,  that  in  recognizing  the  validity  of  those  laws,  wc  will  be 
obliged  to  recognize  many  of  which  we  know  nothing.  I  was 
afraid  of  recognizing  the  principle  that  an  accidental  occupation 
of  a  country  by  squatters,  could  exclude  any  except  those  who  ac- 
ceded to  the  terms  which  they  prescribed. 

Mr.  BADGER. — I  look  upon  the  territories  of  the  United 
States,  whether  acquired  by  cession  or  conquest,  as  stdtject  abso- 
lutely to  tlic  legislative  authoritv  of  Congress.  I  hold  that  thoy 
have  no  power  of  legislation,  except  that  which  is  conferred  upon 
them  by  Congress,  with  every  limitation  and  restraint  that  Con- 
gress thinks  proper  to  interpose;  and  that  it  is  in  the  power  of 
Congress  at  any  and  at  all  times,  while  they  continue  as  territo- 
ries, with  or  without  reservation,  in  the  law  establishing  the  terri- 
torial government,  to  reyieal  or  abolish  any  laws  they  jilease,  sup- 
plying their  place  with  any  other  they  may  deem  proper.  I  differ 
from  my  friend  from  Texas,  in  the  supposition  that  these  regula- 
tions will  have  the  force  of  law  after  the  passage  of  this  act  unless 
repealed.  To  make  that  follow,  you  must  have  a  condition  of 
things  in  which  .some  legally  existing  government,  existed  previous 
to  the  time  when  you  passed  the  act,  extending  your  legislation 
over  it.  But  in  my  view,  these  regulations  in  Oregon  exist  only 
by  mere  sulf'erancc.  Tho  people  of  Oregon,  without  the  permis- 
sion of  this  government,  had  no  power  to  establish  any  government. 
Their  regulations  sprung  out  of  the  necessities  of  the  case,  and  ex- 
isted by  sull'oiaiicc,  not  by  right.  The  moment,  therefore,  that 
Congress  exercises  its  constitutional  power  in  the  esfiblishment  of 
a  government,  the  sulferance  under  which  they  before  acted  is  at 
an  end,  and  every  regulation  is  necessarily  swept  away  unless  Con- 
gress recognizes  it  and  gives  it  force  and  validitv.  I  do  not  suppose 
that  my  friend  from  South  Carolina  iiiuigincd  that  it  would  follow 
as  a  consequence  from  ray  position  that  the  people  of  Oregon 
could  claim  as  a  right  the  negotiation  of  tho  recognition  which 
they  bad  established.  My  friend  permitted  himself,  I  think,  to 
get  a  little  excited  in  speaking  on  this  subject.  1  deny  the  right 
of  these  people  to  have  any  of  their  laws  recognized  and  put  in 
force.  We  h  ive  an  absolute  power  to  sweep  all  from  existence 
and  replace  them  by  such  as  wo  think  proper.  But  the  the  ques- 
tion of  )iowcr  and  tho  iincstion  of  expediency  are  different.  The 
people  of  Oregon,  in  con.scquence  of  our  omission — I  will  not  say 
our  neglect,  for  I  mean  nothing  of  reproach  upon  Congress,  and  I 
am  aware  of  the  circumstances  whic'i  prevented  our  action  at  tho 
la6t  session — but  in  consequence  of  our  omission  to  act,  were 
thrown  into  a  condition  in  which  self-preservation  required  tho 


June  2.] 


THE  OREGON  BILL. 


689 


adoption  of  certain  regulations.  The  gentleman  from  Florida  has 
alluded  to  the  pomp  and  circumstance  with  which  they  have  estab- 
lished their  fundamental  law  providing  for  the  right  of  declaring 
war,  and  many  other  things,  appropriate  only  for  the  condition  of 
an  independent  people.  AH  these  regulations  are  of  course  utterly 
void.  The  land  is  ours.  It  can  be  given  away  only  by  us.  The 
power  of  war  and  peace  is  vested  in  us  by  the  constitution  of  the 
United  States,  and  can  be  vested  by  us  nowhere  else.  Every  reg- 
ulation of  that  territory  is  reduced  in  its  recognition  by  the  twelfth 
section  of  this  bill  to  a  mere  municipal  regulation,  subject  to  re- 
peal at  any  moment  when  the  proper  authority  deems  it  expedient. 
My  friend  from  South  Carolina  says,  that  in  giving  eS'ect  to  these 
regulations  without  examination  in  detad,  we  may  give  effect  to 
laws  which  are  unjust.  Perhaps  we  may.  But  does  my  friend 
propose  that  we  should  institute  any  such  particular  examination 
of  these  laws,  selecting  from  them  such  as  wo  may  approve  ?  Cer- 
tainly not.  Every  law  which  is  contrary  to  the  constitution  ol  the 
United  States,  or  to  any  law  of  the  United  States  applicable  to 
the  subject,  or  to  any  provision  contained  in  this  bill,  is  of  course 
utterly  void.  I  confess  then  I  have  not  been  able  to  see  the  force 
of  any  objections  that  have  been  urged  to  the  twelfth  section.  I 
should  indeed  have  been  perfectly  willing  to  strike  it  out  by  com- 
mon consent  in  order  to  prevent  exciting  debate.  Certainly  no 
such  debate  shall  grow  up  by  any  thing  I  shall  say,  but  when  the 
friends  of  the  bill  insist  on  retaining  this  section,  to  which  I  can 
see  no  objection,  I  shall  vote  for  it. 

Mr.  RUSK. — I  have  but  a  few  words  to  say.  I  do  not  under- 
stand my  friend  from  North  Carolina  as  controverting  the  propo- 
sition which  he  laid  down  as  to  the  laws  of  the  country  remninin" 
in  force  until  they  are  altered  or  repealed,  whatever  may  bo  the 
change  of  jurisdiction.  Nor  is  the  objection  which  he  raises  in  my 
opinion  well  founded,  that  these  laws  are  by  this  fifteenth  section 
recogniaed,  and  that  if  they  wanteil  validity  that  section  gives  it 
to  them,  and  that,  therefore,  that  section  does  by  implication  that 
which  the  twelfth  does  directly.  1  do  not  agree  with  my  friend 
by  any  means,  that  the  operation  of  the  two  sections  would  bo  in 
effect  the  same.  In  my  opinion  it  is  impossible  to  avoid  the  con- 
clusion, that  by  the  twelfth  section  we  affn-m  the  principle  which 
the  people  of  brearon  have  incorporated  in  their  laws  in  referenco 
to  the  subject  of  slavery.  Why  not  postpone  this  evil  day  if  wo 
can  avoid  it  ?  According  to  the  admissions  of  all,  there  is"  no  ne- 
cessity whatever  for  the  affirmation  of  .such  a  principle  in  this 
ease.  My  principle  is  non-interference.  I  do  not  wish  either  to 
force  or  to  restrict  slavery.  But  I  shall  not  go  into  an  argument  on 
that  question.  The  fifteenth  section  does  all  that  is  required  ;  and 
with  regard  todt  there  is  no  difficulty.  I  hope  that  the  friends  of 
the  bill  will  reconsider  their  detprniination,  and  let  this  vexed 
question  remain  in  abeyance.  I  cannot  vote  for  any  proposition 
excluding  the  citizens  of  the  country  from  any  part  of  the  United 
States. 

Mr.  NILES. — Mr.  President  :  I  have  a  few  remarks  to  submit 
on  some  of  the  questions  raised  by  this  bill,  and  I  may  as  well  of- 
fer them  at  this  time  as  at  any  other.  -As  this  bilT involves  tlie 
question  of  slavery  in  one  of  its  forms — always  a  delicate  subiect 
nothing  but  a  strong  sense  of  duty  could  induce  nie  to  take'  any 
part  in  this  debate.  During  the  time  I  have  been  honored  with  a 
seat  in  this  body,  I  have  always  forborne  to  enter  into  any  discus- 
sions upon  that  subject  when  it  has  come  up,  as  it  often  has,  in  the 
form  of  abstract  propositions.  But  it  now  comes  before  us  in  a 
different  aspect,  being  directly  connected  with  legislation,  with  the 
establishment  of  a  territorial  government  in  Oregon.  In  this  view 
of  the  question  now  before  the  Senate,  it  is  not  an  abstraction  ■  nor 
can  I  perceive  the  justice  of  the  remark,  that  any  proposition  af- 
firmative either  of  the  principle  of  absolute  freedom,  or  of  that  of 
an  opposite  character,  is  to  be  regarded  as  a  ''firebrand"  thrown 
into  the  Senate. 

We  are  now  called  upon  to  pass  a  very  important  act — an  or. 
ganic  law  to  establish  a  government  for  a  distant  people  ;  and  the 
question  is,  whether  in  undertaking  this  great  work — laying  the 
foundation  for  a  mighty  empire  which  is  to  spring  up  on  the  shores 
of  the  Pacific  Ocean,  facing  Asia  as  we  lace  Europe — we  shall 
transplant  there,  the  sacred  principles  of  freedom,  which  have 
taken  root  in  our  midst,  and  by  which  we  have  become  a  "-reat 
people  among  the  nations  of  the  earth.  That  is  the  question"  and 
it  is  no  small  question.  Whether  the  people  of  that  distant  re- 
gion are  to  continue  a  part  of  this  confederacy,  or  whether,  as  is 
quite  probable,  they  are  to  assume  the  character  of  a  separate  and 
independent  nation,  still  the  responsibility  now  devolving  upon  us 
is  the  same.  Our  duty  is  the  same  whether  they  are  To  remain 
under  our  jurisdiction  as  part  of  us,  or  to  grow  up  into  an  inde- 
pendent State  under  our  auspices  and  guardian  care. 

What,  then,  is  the  particular  question  before  the  Senate  ?  If  I 
was  to  judge  from  the  debate,  there  is  no  question  here  as  to  the 
exclusion  of  slavery  ;  the  only  question  is,  as  to  how  far  it  is  prop- 
er to  go  in  favoring  the  introduction  of  slavery  ;  whether  we  shall 
actually  incorporate  it  into  the  institutions  of  that  distant  and  ri- 
sing people,  or  shall  so  shape  their  organic  laws  as  simply  to 
encourage  its  introduction  ;  leaving  the  door  open,  and  asserting 
the  right,  that  it  may  insinuate  "and  establish  itself  there.  The 
difl'erence  is  between  those  who  are  for  establishin'T  bv  law  the 
principle  of  slavery,  who  occupy  the  extreme  ground,"  and  the 
more  moderate  advocates  of  the  'same  ohjcct.  The  former,  ns  I 
understand  from  the  remarks  of  some  of  them,  the  gentletnin'frora 
Alabama  who  sits  nearest  to  me,  [Mr.  BAGBY,]"aud  the  distin- 
guished Senator  from  South  Carolina  [Mr.  C.4LH0UN.],maintain, 
that  under  the  constitution,  slavery  becomes  the  supreme  law  oi' 
30th  Cong.— 1st  Session— No.  87. 


all  our  territories— I  state  <heir  position  in  my  own  language — and 
that  it  is  not  in  the  power  of  Congress,  nor  in  the  power  of  the 
people  inhabiting  a  territory  to  abolish  slavery— that  is  above  tho 
reach  of  both,  resting  on  the  solid  foundations  of  the  constitution 
itself.  Weil,  I  profess  to  be  a  steadfast  and  firm  supporter  of 
every  legitimate  and  constitutional  principle,  whether  it  operate 
in  favor  of  my  views  and  the  interests  of  my  constituents  or  not. 
If  I  could  believe  that  the  position  which  I  have  just  stated  was 
well  sustained,  however  reluctaiitlv  I  might  come  to  such  a  con- 
elusion,  still  my  friend  from  Alabama  would  find  me  standing  by 
him  in  supporting  even  a  proposition  so  hostile  as  I  know  that  to 
be  with  the  spirit  of  the  age.  But  this  proposition  is  one  very 
easily  understood.  I  do  not  propose  to  discuss  it  at  length  ;  but 
as  I  understand,  it  rests  on  the  simple  idea  of  the  right  of  private 
property.  Well,  now,  it  is  certainly  one  of  the  strangest  propo- 
sitions I  ever  heard,  and  if  any  thing  could  add  extravagance  to 
a  proposition  in  itself  so  extraordinary,  it  would  be  the  fact  thai 
it  emanates  from  the  Senators  from  Alabama  and  South  Carolina, 
and  others  who  are  par  rxrellcnre,  the  advocates  of  state  rights. 
What  docs  this  proposition  mean?  Why,  nothing  less  than  this  : 
that  the  right  of  property  depends  upon  the  sanction  of  the  fed- 
eral government !  Where,  I  ask,  are  your  "state  rights"  if  we 
have  the  power— the  responsibility  of  guaranteeing  private  prop- 
erty to  the  citizens  of  the  various  States  ?  If  we  can  protect  it 
we  can  invade  it.  We  have  the  power  or  we  have  it  not.  It  is 
idle  to  discuss  a  proposition  which,  upon  the  face  of  it,  in  my  hum- 
ble judgment,  requires  only  to  bo  staled  to  show  the  falacy  of  it. 
Private  property  is  that  which  the  laws  of  the  Slates  constitute 
property,  and  we  have  nothing  to  do  with  it  here.  The  rights  of 
property  do  not  depend  on  the  constitution  or  laws  of  the  federal 
government. 

Mr.  CALHOUN. — I  have  great  respect  for  the  honorable  Se- 
nator, and  I  depart  from  my  usual  rule  in  interrupting  him.  But 
we  do  not  rest  this  question  upon  that  foundation.  I  rest  it  upon 
the  comity  of  the  States  of  this  Union.  The  territory  of  Oregon 
is  the  territory  of  the  United  States,  and  by  the  I'nitcd  States  wo 
mean  the  States  in  their  federal  capacity  as  members  of  this  Union . 
I  rest  it  upon  the  additional  fact,  that  the  States  in  their  federal 
capacity  are  equal  and  coequal,  and  being  so,  no  discrimination  can 
exist  between  those  who  hold  and  those  who  do  not  hold  slaves. 

Mr.  NILES. — The  explanation  is  such  as  I  expected,  and  it 
does  not  aft'ect  my  statement  of  the  question.  The  honorable  Se- 
nator rests  his  positioii  on  the  ground  of  equal  rights  guaranteed 
to  citizens  of  all  the  Slates,  which  would  be  violated,  as  he  alledir- 
es,  if  citizens  from  any  of  the  Slates  should  be  prohibited  from  en- 
tering any  of  the  icrritories  and  enjoying  the  same  rights  of  pros- 
perity there  which  they  enjoyed  in  the  States  from  which  they  re- 
moved. Does  this  prove  any  inequality  of  righ<s  among  thcciti- 
zens  of  the  different  States  ?  Will  not  their  rights  of  property 
and  all  other  rights  be  the  same  in  the  territory  ?  It  is  no  inequal- 
ity that  all  the  rights  of  property  which  exist  in  the  different 
States  may  not  exist  in  the  territory;  these  are  State  rights,  crea- 
ted by  the  State  laws,  and  held  under  State  authority.  They  are 
not  rights  derived  from  the  federal  constitution,  nOr  upheld  by  it. 
They  may  cease  when  a  citizen  removes  from  the  jurisdiction  of 
the  State  where  they  were  enjoyed.  The  rights  of  property,  and 
the  rights  of  persons  in  their  social  relations,  do  not  depend  on 
the  federal  constitution,  but  on  the  constitution  and  laws  of  the 
.Slates.  For  Congress  to  interfere  with  either  in  a  State,  would 
be  a  most  flagrant  invasion  of  State  rights.  Can  this  government 
regulate  the  titles  to  lands,  the  descent  of  property,  or  the  rights 
of  master  and  servant  ?  We  all  know  that  these  matters  belontr 
exclusively  to  the  States.  And  in  regard  to  the  territories,  al- 
though we  have  exclusive  legislation,  and  may,  if  we  please,  regu- 
late property  there,  still,  even  in  that  view  of  it,  the  argument,  as 
I  conceive,  can  derive  no  support  whatever.  I  admit  that  we 
might  legislate  in  these  territories.  That  we  have  not  done.  We 
have  delegated  that  power — we  have  constituted  local  governments 
based  on  organic  laws.  But  were  we  to  legislate,  could  we  intro- 
duce the  laws  of  all  the  States  there  ?  Would  it  be  possible  for  us, 
however  inconsistent  they  might  be  with  each  other,  to  establish 
the  laws  existing  in  all  the  States  in  relation  to  property  in  a  ter- 
ritory ?  What  is  property  in  one  State  is  not  property  in  another. 
Every  one  must  see  the  impossibdity  of  such  a  system  of  legisla- 
tion. The  argument  of  the  honorable  Senator,  based  on  the  equal- 
ity of  the  Stales,  thus  falls  to  the  ground. 

It  is  impossible  that  the  citizens  of  every  State  should  enjoy  the 
same  rights  of  property  in  a  territory  that  they  may  have  enjoyed 
in  the  States  from  which  they  removed,  as  the  rights  of  properly 
are  different  in  the  several  States.  Nor  can  this  be  said  to  occa- 
sion any  inequality  or  injustice.  The  power  and  jurisdiction  of 
Congress  over  a  territory  is  entirely  different  from  what  it  is  in  a 
State.  In  the  latter  it  is  defined  and  limited  ;  in  the  former  it  is 
exclusive  and  local.  It  does  not  operate  upon  the  citizens  of  the 
States,  and  affects  only  the  people  of  the  territory.  Those  who 
emigrate  there  necessarily  part  with  all  their  State  rights  of  prop- 
erty and  persons,  and  can  only  enjoy  such  of  either  as  is  consistent 
with  the  laws  of  the  territory.  And  those  laws,  whether  emana- 
nating  from  Congress  or  the  legislative  councils  of  the  territory, 
are  merely  local  territorial  laws.  Was  Congress  to  legislate,  \ve 
should,  in  the  first  place,  look  to  the  interests  ot  the  people  of  the 
territory.  We  are  called  upon  to  act  for  them.  Our  first  duty  is 
to  consult  their  wishes  and  interests  ;  and  in  the  next  place,  I  ad- 
mit, we  should  look  to  the  establishment  of  equal  and  exact  jus- 
tice as  regards  all  the  States   as  far   as  that  may  be  practicable. 


690 


THE  OREGON  BILL. 


[Friday, 


Bui  we  certainly  cannot  incorporate  the  laws  of  all  the  States  into 
tho  insiitiuinns  of  a  terriinry.  That  woulil  be  impossible.  We 
cannot  make  iliat  propeny  in  a  territory  wliich  is  recosnizpd  as 
properly  by  the  law  of  si. mo  of  the  .States,  without  confllciiiig  with 
the  1  iw  o(  oiliers.  In  this,  as  in  all  other  oases,  the  majority  must 
decide;  .iml  i  ho  whole  subjo'.-t  is  in  our  hands;  there  is  no  fonsiiiunon- 
al  re-triition  one  wav  or  anoiher.  It  is  a  (]neslion  like  all  oihcrs 
■where  there  is  no  donhr  as  U)  the  power,  in  which  llie  minority  must 
submit.  I  have  nodnubr  wiiere  the  majority  is  in  this  case.  A  prop- 
osition,! lien,  rcslinp  on  ihiscroundorany  otlier,ihatweare  required 
to  inirodiice  sLiveiy  inio  Oregon,  is,  to  s-ny  ihc  least  of  it,  a  very 
Btran^e  one.  It  makes  thi'^  federal  <xovernmeni  the  propagandist  and 
supporter  of  slaveryl  Hilhfrto  I  believe  the  doctrine  has  been  in  the 
South  and  every  where  else,  ihat  this  {tovernment  should  let  sla- 
very alone — that  we  have  recofrnized  it  in  the  St->les  and  ought 
not  to  touch  if.  As  long  as  my  friends  from  the  South  occupied 
that  ground,  I  always  stood  vviih  iliem,  and  so  lon^  as  ihey  siand 
there.  I  shall  sustain  them.  We  have  been  told  again  and  again 
that  it  was  a  Siaie  institution — a  Slate  interes; — ihat  the  federal 
constitution  had  recognized  it  as  such — not  as  an  institution  exist- 
ing under  "nr  authority  or  sanction — and  that  we  had  no  risht  to 
interfere  with  it  in  any  way.  But  the  proposilion  now  advanceS  goes 
much  farther,  and  presents  a  ncv»'  question.  It  connects  this  govern- 
ment with  slavery — it  makes  slavery  a  federal  right — an  institution 
not.  established  by  an  act  of  Congress  indeed,  but  which  is  a  part 
of  the  consiitiuion  itself!  I  will  (iresently  notice  the  more  quali- 
fied stalemeni  of  the  doctrine  ;  but  that  is  the  proposilion  now  pre- 
sented in  iis  length  and  breadth.  I  ask  by  what  authority  is  sla- 
very to  be  introduced  into  Oregon  ?  By  authority  of  the  territory  ? 
N".  Even  in  this  qualified  form  ol  the  proposition,  it  is  by  your 
authority — by  llie  federal  authority — by  the  act  or  acquiescence  of 
this  'jovernment.  To  that  I  am  not  prepared  to  accede.  I  have 
always  voted  here  in  favor  of  maintaining  the  rights  of  the  South, 
to  tl'.e  utmost  limit  to  which  I  believed  the  constitution  secured  and 
guaranteed  them.  1  do  not  use  the  word  "compromise."  It  has 
no  application  here.  "  Guraranly"  is  the  proper  term.  All  the 
Stales  to  the  confederacy  have  guaranteed  slavery.  Our  militia 
may  be  called  ont  to  protect  it.  All  that  I  am  prepared  to  sus- 
tain. But  when  I  am  called  on  to  employ  the  authority  of  this  go- 
vernment for  the  purpose  of  introducing  slavery  into  territory  now 
free,  a  new  qneslion  is  presented,  and  it  is  one  to  which,  I  believe, 
the  people  of  this  country  will  give  a  decided  Kcgative.  They  will 
never  sanction  .such  an  exercise  of  the  federal  authority.  I  am  not 
here  to  e.xeite  irritation,  or  to  use  the  language  of  menace  ;  but,  I 
ask,  do  gentlemen  suppose  that  the  free  Stales  vi'ill  send  represen- 
tatives here  to  take  an  active  agency  in  the  introduction  of  slavery 
mto  free  territory  ?  Do  they  think  that  the  moral  sentiment  of 
the  North  will  justify  this  ? 

The  secoml  proposition  is  not  so  extravagant  as  the  former,  and 
yet  I  think  it  amounts  to  pretty  much  thes-ame  thing.  In  the  one 
case  we  are  called  upon  to  incorporate  the  principleof  slavery  ;  in 
the  other  to  permit  it  to  bo  done — to  leave  it  to  introduce  itself  if 
it  can,  either  with  or  against  the  will  of  the  people  of  the  territo- 
ry. Tho  right  of  the  people  to  govern  is  a  just  and  popular  idea  ; 
but  it  applies  only  to  independent,  organized  communities  possess- 
ed of  sovereign  power.  It  cannot  possibly  apply  to  the  people  of 
this  territory,  who  do  not  possess  one  particle  of  sovereignty.  We 
are  called  upon  to  exercise  sovereign  power  over  this  territory.  If 
the  sovereignty  is  in  the  people  of  the  territory,  then  we  cannot 
pass  this  bill.  I  am  not  prepared  to  leave  to  the  people  of  a  ter- 
ritory the  question  of  the  establishment  of  slavery  there.  I  do  not 
think  that  that  would  he  an  honest  and  faithful  discharge  of  our 
duly.  I  know  it  is  said  the  climate,  and  other  geographical  causes, 
•will  inhibit  the  cstaMishment  of  slavery  there.  But  that  is  a  cir- 
cumstance with  which  I  have  nothing  to  do.  I  am  not  here  as  a 
legislator  to  speculate  about  tho  probabi'itics  of  the  inlroduction  of 
this  great  evil,  or  of  the  necessity  of  asserting  any  of  tlio  <Treat 
principles  of  freeilom.  Our  ancestors  did  not  act  in  that  wayfcith- 
<'r  in  the  establishment  of  their  State  or  federal  constitutions.  The 
illus'rioiis  statesmen  of  old  Virginia  did  not  so  act  when  they  pro- 
posed their  ten  amendments  to  the  federal  constitution.  None  of 
them  perhaps  were  necessary  ;  yet  they  deemed  it  wise  and  pru- 
dent to  throw  every  safeguard  around  tho  rights  of  the  States  and 
the  people,  and  her  enlighioned  statesmen  wore  not  prepared  to 
ratify  the  constitution  without  the  security  which  those  amend- 
ments nfi"inled  On  the  same  consideration  we  have  those  decla- 
rations of  tho  great  principles  of  liberty  in  our  bills  of  rights  in 
all  the  Slates.  Why  do  you  provide  that  there  shall  be  no  estab- 
lished religion  ?  Why  ilo  yon  protect  the  sacred  rights  of  conscience? 
Wliy  do  you  provide  that  the  habeas  corpus  shall  not  bo  abolished  ? 
Why  do  you  establish  tho  right  of  trial  by  jury  ?  Sir,  tho  ques- 
tion comes  up  beforo  us,  and  wo  are  bound  to  meet  it.  Without 
disrespect  to  any  one,  I  must  be  permitted  to  express  tho  ren-ret 
•with  which  I  perceivo  a  disposiiion  on  both  sides  of  the  chamber 
to  evade  and  avoid  the  groat  question  which  now  presents  iiself' 
and  which,  I  must  add,  cannot  be  blinked.  All  iheclTorls  toevado 
it  must  prove  unavailinir.  The  amendment  of  tho  Senator  from 
Florida  [Mr.  Wf.stcott]  brings  up  the  extreme  principle  contain- 
ed in  tlin  bill  of  ihc  last  session,  asserting  the  first  proposition  to 
■which  1  have  direclc<l  the  attention  of  the  Senate.  We  must  meet 
that  probability.  Then  there  is  tho  proposition  of  the  ordinance 
of  '87.  Now.  do  honorable  Senators  suppose  that  standing  here 
as  we  do,  the  representatives  of  ten  of  the  soverei:;n  Sla7es  of 
this  Union,  inslructcd  to  engraft  the  principle  of  freedom  upon  all 
the  territories  of  this  Union,  that  when  wo  iiavo  a  bill  before  us  by 
■which  the  foundations  of  a  new  empire  arc  to  bo  laid,  it  is  possible 


to  evade  and  avoid  this  sreat  question  ?  I  do  not  know  what  my 
honorable  friends,  ilio  Senators  from  New  York,  who  sit  here  very 
much  at  llieir  case,  nmy  say  on  this  subject  ;  but  I  believe  they 
have  been  instriu-ipd  iwice  over  to  assert  iliis  great  principle  of 
the  ordin.ance  rf '.'^7  in  rerorenee  to  anv  territorial  bill.  The  peo- 
ple of  ihe  '•  Knipiic  Slate,"  ihrough  'heir  local  lecislature,  have 
on  two  occasions  instrucffd  their  Senators  here  lo  declare  their 
sentiments  on  this  ■;rea;  fubjeet.  I  believe  I  have  myself  received 
similar  instniciions.  However,  as  resards  myself  that  circum- 
stance exercises  but  a  small  iifliierce  upon  my  course.  Independ- 
ent of  all  insiriutions,  I  feel  called  upon  in  this  instance  to  dis- 
charge a  solemn  duty.  Tho  quesiion  cannot  be  avoided.  It  is 
upon  us.     It  must  be  met. 

I  have  said  that  I  cannot  accede  to  the  proposition  even  in  its 
qualified  form.  I  cannot  consent  to  the  extension  of  slavery  by 
quiet  acipiiescence.  I  do  not  believe  ihat  that  acquiescence  would 
be  consistent  wiili  what  is  due  to  ourselves  or  the  country.  Have 
we  no  opinion  on  this  siihject  ?  Have  we  no  judgment  of  our  own 
as  to  whether  it  will  be  belter  for  that  country,  or  for  the  Union, 
that  ono  or  other  of  ihese  principles  should  be  incorporaied  into 
the  institutions  lo  be  established  there  ?  If  we  have  an  opinion, 
why  should  it  not  be  assei  ted  ?  Ah  !  harmony — harmony  may  be 
endangered  by  the  asseriion  of  a  great  principle  !  And  we  have 
been  lold  of  a  '•platform."  Let  me  remind  gentlemen  that  there 
is  but  one  platform  on  which  we  can  siand  in  regard  to  this  or  any 
other  qiiesiions — ilie  plniform  of  the  constitution.  That  is  the 
standard  by  which  all  qriestions  are  to  be  decided.  I  would  not  go 
out  of  my  way  lo  biioL'  up  any  disturbing  questions  ;  but  when  a 
question  arises,  whatever  its  character,  I  -would  meet  it  fearlessly 
and  look  it  boldly  in  the  face,  and  give  my  vole  according  lo  my 
own  jndsment. 

The  debate  on  tho  present  question  seems  to  me  to  have  been 
all  on  one  side.  I  ihink  that  ihe  great  principles  of  liberty — of 
equal  rights — of  humanitv — oui'bi  to  have  at  least  more  than  one 
voi^e  raised  in  this  chamber  in  tiieir  vindication.  These  great 
principles  are  not  without  tongues  among  the  people.  On  ihis 
subject  ihe  people  are  not  asleep.  In  many  of  the  States  they 
have  spoken  audibly.  But  ihe  mislortune  is,  that  in  their  State 
leaislaiures,  their  represenlatives  speak  ono  voice,  whilst  their 
representaiives  here,  further  removed,  and  surrounded  by  other  in- 
fluences, often  speak  a  very  different  voice.  How  long  this  is  to 
continue  is  not  for  me  to  say.  For  my  own  part  I  have  no  wish  to 
avoid  this  question.  I  believe  that  a  decision  of  it  -will  lend  to 
quiet  the  public  mind. 

It  is  proposed  lo  strike  out  the  ]2lh  section  of  the  bill  before  the 
Senate,  leaving  the  question  of  slavery  to  be  decided  by  the  people 
of  the  territory.  This  section  is  better  nothing,  because  its  asserts 
the  principle  of  freedom  in  ihis  government  when  it  goes  into  ope- 
ration; and  it  also  does  recognize  tho  fact,  that  the  people  of  Ore- 
gon are  a  free  people.  By  adopting  this  seclion,  we  also  declare 
that  -we  establish  a  government  lor  this  people  in  conformity  with 
their  own  wishes.  But  strike  that  section  out,  and  where  <}o  you 
stand?  Why,  in  ihat  case,  you  reverse  ihe  fact;  you  introduce  a 
new  system  of  legislation  in  regard  to  territorial  government  never 
known  heretofore.  I  would  call  the  attention  of  the  Senate  par- 
ticularly to  this  point.  I  find  on  an  examination  of  our  whole  le- 
gislation on  ibis  subject,  that  from  ihe  organization  of  the  territo- 
ry of  Ohio,  down  In  the  present  time,  Congress  has  acted  upon 
one  settled  principle — both  in  the  establishment  of  territorial 
governments,  anil  in  the  admission  of  States  into  the  Union — 
and  that  principle  has  been,  to  take  he  condition  of  the  peo- 
ple as  it  existed  at  the  time,  as  the  basis  of  their  action.  Ohio 
being  free  from  slavery,  ■was  organized  as  a  Ireo  terriloiy. 
Then  came  Mississippi,  in  ■which  a  difTerent  stale  of  facts 
existed.  What  did  Congress  do  in  Ihat  case?  It  recognized 
the  existing  state  of  things,  and  did  not  assert  the  principle 
of  the  ordinance  of  ■37.  An  eflort  was  made  in  the  case  of  Mis- 
souri to  set  aside  this  principle,  but  it  did  not  succeed,  and  Mis- 
souri was  admitted  as  slie  was.  Now  we  find  the  settlers  in  Ore- 
gon are  a  free  people.  Thoy  have  voluntarily  organized  a  provis- 
ional government,  and  expressly  excluded  slavery;  we  cannot  doubt 
what  their  will  and  purpose  are.  And  shall  we  not  recognize  their 
action  as  tho  basis  of  our  legislation  >  Shall  wo  not  carry  out 
their  -wishes,  which  they  have  expressed  in  tho  most  solemn  form  ? 
Will  you  force  upon  them  an  institution  which  they  do  not  desire  ? 
I  know  it  has  been  said,  and  it  may  be  repeated,  that  this  matter 
must  be  left  finally  to  the  people;  and  this  is  true,  when  they  bo- 
come  a  sovereign  Stale.  But  that  is  no  reason  why  in  organizing 
a  territory  wo  should  not  engraft  upon  their  institutions  the  true 
principles  of  freeilom.  We  possess  and  exercise  tho  sovereignty 
over  them.  Wo  cannot  delesraiiMt  entirely  to  them.  Their  con- 
dition is  a  fact  which  must  regulate  our  action.  They  are  a  free 
people — I  use  ihe  term  in  no  olTensivo  sense  by  implication,  for  wo 
are  all  free;  yel  the  law  of  slavery  is  no  part  of  free  insliiuiions. 
They  have  not  iiiirodnced,  and  do' not  desire  this  law.  Shall  we 
then  not  nssunro  this  action  of  tho  people  of  that  territory  as  the 
basis  on  which,  under  our  care  and  guai-dianshi|),  tho  superstruc- 
ture of  the  government  of  1  hat  people  is  10  be  raised?  Shall  we 
now  depart  from  a  principle  which  has  been  heretofore  recognized 
by  both  parlies  to  this  quesiion  ? 

Mr.  WESTCOTT  — I  understand  the  Senator  to  say,  that  in 
the  terriiorv  acquired  by  the  treaty  of  Louisiana,  Congress  re- 
cognized thccxisicnce  of  slavery  there.  In  f.vo-t birds  of  ihnt  ter- 
ritory, hy  express  nciinn  of  Congress,  slavery  has  been  excluded. 

Mr.  NILES.— I  said  iliat  in  tho  organizalion  of  territories,  and 


June  2.] 


THE  OREGON  BILL. 


691 


in  admission  of  States  to  this  Union,  wo  had  nlways  respected  the 
condition  of  tlio  people — that  we  had  uniformly  recognized  and  re- 
spected the  existing  state  of  things. 

Mr.  WESTCOTT.— Slavery  hasbeen  atfempied  to  beexeluded 

by  tlie  adoption  of  the  ordinance  of  '37  and  the  Missouri  compro- 
mise, in  at  least  two-thirds  of  the  Louisiana  purchase,  and  without 
,  a  shadow  of  right.     It  existed  in  that  territoj  y  under  Spain. 

Mr.NILES. — The  12th  section  of  this  bill  may  no'  be  w.irth 
much,  but  it  is  better  than  nothin;;.  It  asserts  the  principle  of 
the  ordinance  of  '87  with  some  qualification  That  principle  has 
been  already  recognized  by  the  people  of. Oregon.  The  question 
is  before  us  now.  I,  for  one,  wish  to  see  it  settled,  so  far  as  we 
have  the  power  to  settle  it.  If  we  settle  it  now,  we  get  rid  of  it 
forever,  so  far  as  the  action  of  this  government  is  concerned.  If 
this  section  is  expunged,  the  question  is  left  open  to  bo  agitated  in 
Oregon,  and  in  this  country. 

It  has  been  suggested  that  this  qncslion  is  a  political  one — that 
slavery  has  become  an  element  of  poliiieal  power.  That  it  enters 
into  the  action  of  the  federal  system,  not  only  as  forming  a  basis 
of  representation  in  one  of  the  houses  of  Congress,  but  much  more 
extensively  as  a  controlling  influence  at  all  times  m  the  adminis- 
tration  of  the  general  uovcrnment.  Well,  this  is  a  difficulty 
which,  like  all  other  diffioiilties,  must  be  met.  It  is  a  dilTieulty 
which  did  not  exist,  in  my  judgment,  in  the  early  stages  of  this 
government,  and  hence  we  find,  that  instead  of  decreasing,  as  was 
no  doubt  anticipated,  the  excitpment  and  inlerest  on  this  subject 
has  become  greater.  The  question  must  be  disposed  of,  however, 
according  to  the  judgment  of  the  majoriiy,  in  wliicli  the  minority 
must  acquiesce.  Not  long  since,  llie  honorable  Senalor  from 
South  Carolina,  [Mr.  Cilhoun,]  went  into  a  ci,>nsidcraiion  of  this 
subject,  and  spoke  of  aagression  upon  the  South,  and  of  the  alarm- 
ing increase  of  power  in  the  fi  eo  States.  I  made  some  remarks 
at  the  time  in  relation  to  that  point,  and  may  now  repeat  my 
conviction,  that  the  fact  is  entirelv  the  other  way.  Do  we 
not  all  know  that  our  Southern  friends  have  for  a  long  pe- 
riod enjoyed  the  highest  offices  of  iho  <  overnment — tliat  the  su- 
preme execu'ive  has  been  monopolized  almost  exclusively  by 
them  since  the  existence  of  the  confederacy — that  they  have  sup- 
plied almost  exclusively  the  presiding  officers  in  the  other  house, 
who  appoints  the  conimiilees  and  contn'ls  ils  action — that  they 
have  usually  had  the  central  press  here  urder  their  control,  which 
forms  and  directs  public  opinion — and  that  thus,  however  strange 
it  may  seem,  it  is  nevertheless  true,  that  the  element  of  slaiciy 
whatever  it  may  bo  locally,  has  exerted  in  the  federal  government 
a  controlling  influence.  It  serves  to  unite  and  bind  together  all 
of  the  Slates  where  it  prevails,  giving  ti'.cm  a  concentration  and 
power  which  when  exerted,  has  never  yet  been  .successfully  op- 
posed. It  renders  all  oihcr  qucsiions  suliordinaie  to  it  ;  and  al- 
though political  and  other  divisions  may  prevail,  yet  this  principle 
is  a  bond  of  union  which  overrides  and  conlrnls  all  "tlier>,  and  in 
no  small  degree  consolidates  all  the  Stales  subject  to  its  influence, 
and  enables  them  to  move  willi  united  force  and  power,  ard  by 
taking  advantage  of  the  divisions  vi-hich  always  prevail  in  the  free 
Slates,  they  have  been  enabled  to  exercise  an  influence  over  the 
ofl'airs  of  iho  confederacy,  greally  disproporiioncd  to  their  num- 
bers, if  not  dangerous  to  ihe  inicrests  of  oiher  sections  of  the 
Union.  Nor  has  its  concerted  and  uniied  aciinn  lipcn  cnnfined  to 
this  subject  alone.  Often  when  the  Norih  and  iho  West  have  been 
divided  on  great  political  questions,  the  Soiiili  has  presented  an 
unbroken  front,  which  has  been  decisive  of  ihe  issue. 

Mr.  President,  it  is  not  difficult  to  perceive  wlieie  ibe  real  ques- 
tion lies  on  the  present  cccnsion.  It  is  a  struggle  for  power! 
Every  one  must  see,  that  so  far  as  the  riuht  ul  cirrying  slaves  in- 
to a  remoio  Norlhern  territory  is  concerned,  the  present  question 
has  very  liitle  imporiance.  No.  sir,  it  is  a  slrnL'glo  for  power! 
Now,  sir,  I  believe  the  South  is  already  too  strong  It  exercises 
a  preponderating  influence  in  the  affairs  of  this  government.  I  be- 
lieve that  if  this  preponderance  ooiitinup — it  ihe  North  goon  yield- 
ing as  it  has  vielded  lo  every  pretension  of  the  South  under  this 
Bvren  song  of ''harmony  I'' — ''harmony  ! — "concessinn  !'' — 'conces- 
sion !" — there  will  be  danger  to  the  Union.  Wc  all  know  what 
this  cry  for  harmony  and  concession  means — it  is  an  appeal  to  ilie 
North  to  give  way,  and  it  h;is  always  been  successful,  ami  will  be 
on  the  present  occ^ision.  The  resuit  is  foreshad.iwed  in  the  reluc- 
tance manifested  on  boih  sides  of  thechamlier,  to  cnmo  furaard  and 
sustain  the  great  principle  of  freedom.  Yes,  sir,  the  North  will 
give  way,  if  on  this  occasinn  it  can  be  sail  to  have  made  a  stand. 
No  one  can  mistake  the  influences  operating  on  both  sides  of  the 
hall— the  great  principle  of  freedom  may  be  sacrificed  to  political 
power.  I  fear,  sir,  that  if  this  course  ol  action  continues,  the  sal- 
utary balance  of  power  in  our  system  will  be  lost,  and  one  portion 
of  its  machinery  will  acquire  an  undue  moment  iii'n  which  may  de- 
rantje  ihe  whole.  Then  there  wi  1  arise  the  danger  of  rqaciion. 
That  is  a  danger  always  to  be  apprehended  IVom  a  hm'j  ccmtinued 
exercise  of  power  in  a  pariicular  direciion,  and  an  unwise  subser- 
viencv  and  yielding  to  it  on  the  part  of  those  agains;  whom  it  is 
cxercited.  In  these  cases  a  point  is  at  hist  reached  when  for- 
bearance ceases  to  bo  tolerable,  and  reaction  comes  marked  per- 
haps with  more  power  than  di>cretion.  I  desire  lo  avert  such  a 
crisis.  I  wish  lo  see  restored  to  the  freo'SiKtcs  that  influence — 
that  equality — that  control  in  the  afl"aiis  of  Ifc  novernmenr  which 
I  think  jusily  belongs  lo  them,  but  which  in  my  judgment  they 
have  not  heretofore  exercised. 

Pray,  sir,  is  not  the  slave  power  seen  and  fidt  every  where  in 
he  Rcuon  of  this  government — in  all  its  depaninciits  ?    Who 


meets  with  most  favor  from  it  ?  Those  who  stand  on  the  side  of 
freedom,  or  those  who  advocate  ihe  opposite  principle  ?  Why  I 
believe  it  is  very  well  known  in  this  body,  that  there  is  a  class  of 
men  in  our  land  who  are  as  much  proscribed  as  if  they  were  felons.  I 
do  not  justify  their  course  ;  but  ought  any  poriion  nfoiir  citizens  to  bo 
proscribed  for  their  opinions,  hovvever  mistaken?  They  are  called 
fanatics — abolition  fanatics  !  No  one  of  them  can  receive  office  un- 
der this  government  any  more  than  though  he  had  been  convicted 
of  treason  against  it !  I  have  known  cases  in  which  the  cry  of 
"mad  dog"  has  led  to  the  rejection  of  men  in  these  halls  who  did 
not  really  belong  to  that  proscribed  class.  Is  it  right  that  this 
principle  should  enter  so  deeply  into  the  administration  oi  this  go- 
vernment ?  Is  it  just — is  it  in  accordace  with  those  great  princi- 
ples of  human  liberty  in  which  wo  are  all  accusloraed  to  glory, 
that  such  a  prejudice  should  be  permitted  to  produce  a  perfect 
proscription  of  a  class  of  our  fellow  citizens  ? 

Mr.  WESTCOTT.— I  feel  bound  to  call  the  Senator  to  order. 
The  point  of  order  I  make  is  that  it  is  never  allowable  to  refer  to 
the  acts  of  the  Senate  in  Executive  session  uniil  the  injunction  of 
secrecy  is  taken  olT,  which  he  does  do  when  he  asserts  that  nominees 
have  been  rejected  on  account  of  their  anti-slavery  opinions.  It 
is  not  on  my  own  account  I  object  to  this.  I  do  not  hesitate  to 
;?ay  that  I  have  and  shall  continue  to  vote  against  any  nominee 
who  I  believe  is  tainted  with  abolitionism  to  any  office,  as  I 
would  against  any  incendiary.  With  respect  to  the  alledged  ca- 
ses put  by  the  Senator,  Senators  cannot  defend  themselves 
without  relerring  to  the  facts.  Hence  a  reference  to  thera  by  the 
Senator  is  out  of  order. 

Mr.  HALE. — The  Senator  from  Florida  must  reduce  the  words 
not  in  order  to  writing. 

Mr.  WESTCOTT  —The  call  to  order  is  not  for  exceptionable 
language  or  verbal  impropriety.  It  is  to  the  range  of  the  speech 
I  except — it  is  for  reference  to  secret  Executive  proceedings  pro- 
hibited by  our  rules  that  the  call  to  order  is  made.  The  words 
need  not  be  reduced  to  writing  in  such  a  case, 

Mr.  NILES.— Shall  I  proceed. 

THE  PRESIDING  OFFICER —The  Senator  from  Connec- 
ticut is  in  order — the  chair  so  decides.     The  Senator  will  proceed. 

Mr.  NILES. — Every  territorial  government  is  founded  upon  the 
pr.ncipleof  regulating  their  own  internal  afl'airs  wit  bin  certain  limits, 
and  those  limits  are,  that  they  shall  not  violate  the  constitution  and 
laws  of  the  United  Stales,  nor  interfere  with  the  primary  right  to 
dispose  of  the  soil,  and  certain  other  great  principles  of  freenora, 
which  it  is  deemed  more  safe  and  proper  that  Congress  should  af- 
firm and  establish.     I  hope  the  section  may  not  bostricken  out. 

Mr.  BUTLER. — I  desire  to  ask  ihe  honorable  Senator,  whe- 
ther under  the  guaranties  of  the  consiituiion.  the  tribunals  of  the 
country  would  not  be  bound  to  recognize  slave  property,  ves  oven 
the  tribunals  of  his  own  State? 

Mr.  NILES. — That  question  has  been  settled  long  since  by  the 
adjudication  of  the  courts. 

Mr.  BUTLER. — I  know  it  has  where  a  slave  was  brought 
from  a  foreign  couniry  ;  but  I  desire  the  opinion  of  the  Senator  as 
to  a  suit,  say  an  action  of  trover  for  a  slave  brought  in  his  own 
State.     If  you  -was  the  judge  how  would  ycu  decide  it  ? 

Mr.  NILES. — I  would  not  give  much  for  your  suit,  [a  langh.] 
I  have  not  touched  the  subject  of  the  rights  of  property  in  slaves  in 
the  States,  but  have  confined  my  remarks  lo  the  imirieuiate  ques- 
tion before  us — the  power  and  duty  of  Congress  in  respect  to  sla- 
very in  territories,  where  we  have  e.xclusive  legislation,  and  if  sla- 
very is  carried  there  it  must  be  carried  by  the  aiiiforiiy  or  acqui- 
escence of  Congress.  1  have  entered  inio  litis  debate  with  rcluo- 
tance,  and  have  studiously  avoided  going'beyond  the  liiniis  the  oc- 
casioned called  for. 

Mr.  President,  I  have  concluded  what  I  have  to  say  on  tills 
subject,  and  leave  its  decision  with  the  Senate;  if  not  deeply  af- 
fecting any  immediate  interests  of  the  country,  it  is  highly  impor- 
tant lo  the  character  and  honor  of  the  republic,  and  the  cause  of 
human  rights.  The  debate  on  ihis  subject,  which  has  been  goino- 
on  the  last  three  days,  has  affiu'ded  me  anything  but  agreeable  re- 
flections. Had  any  of  the  liberal  and  enlighicned  men  of  the  old 
world  been  here  to  have  witnessed  our  proceedings,  ihey  \youlil 
not,  I  fear,  have  been  iitipresscd  with  the  most  exalted  idea  of  iIiq 
eslimation  in  which  liberty  and  human  rights  are  held  in  this  free 
couniry.  Could  they  have  been  otherwise  than  astonished,  that  at 
a  period  like  the  present,  when  liberty,  awakened  from  iis  lonT 
sleep,  is  agitating  all  Europe,  and  rousing  up  the  downtrodden  peo- 
ple to  the  most  heroic  eflbrts  for  the  vindication  of  ibeir  richts,  ihac 
such  a  question  could  be  the  subject  of  serious  debate  in  tho  Amer- 
ican Senate  ? 

What  is  this  question  ?  It  is  not  the  question  which  has  really 
been  before  the  despotic  governments  of  Portug.il  and  Prussia — it 
is  not  the  question  which  formed  the  stibjoct  of  ihe  thoughts  and 
efforts  of  that  great  philanthropist,  Wilberforee,  durinir  a  whole 
life — it  is  not  the  question  which  has  recently  commanded  the  at- 
tention of  the  Provisional  government  of  regenerated  France,  and 
which  they  have  transferred  to  the  nat-onal  assembly — m,  sir,  it 
is  not  the  question  of  tho  abolition  of  slavery,  nor  is  it  a  questiim  as 
to  the  restriction  of  slavery,  njr  a  question  as  to  the  amcliuralion 
of  the  condition  of  those  who  are  the  subjects  of  slavery;  no.  sir, 
but  it  is  a  question  as  to  the  extension  of  the  area  of  slavery.    This 


692 


THE  OREGON  HILL. 


[Friday, 


is  the  question  upon  which  the  American  Senate — in  the  middle  of 
the  19th  century — before  the  eyes  of  the  world — at  a  time  when 
new  ideas  of  liberty  are  springing  up  in  Europe — upon  which  the 
Senate  of  this  model  republic — holding  ourselves  up  to  the  world 
as  an  example  for  all  other  nations — upon  which  the  Senate  of  the 
United  States  has  been  for  three  days  eni;aged  in  grave  debate — 
a  question  as  to  the  form,  and  to  what  extent,  and  under  what  local 
provisions,  slavery  shall  either  be  engrafted  upon,  or  permitted  to 
introduce  itself  into  a  territory  where  it  does  not  exist — where  the 
people  have  repudiated  it — where,  as  far  as  we  know  their  views, 
they  have  set  their  faces  against  it. 

Mr.  President,  it  is  desirable  that  this  bill  should  pass;  we  have 
too  long  neglected  to  extend  our  jurisdiction  over  the  people  ot 
Oregon  and  alford  them  out  protection.  I  feel  anxious  to  vote 
for  the  bill,  but  if  the  12lh  section  is  stricken  out,  I  shall  be  com- 
pelled to  vote  against  it.  But  with  that  section  it  is  not  what  it 
ought  to  be.  It  ought  to  contain,  without  qualihcation  or  restric- 
tion, the  principle  of  the  ordnance  of  '87.  I  hope  to  have  an  op- 
portunity to  give  my  vote  for  such  an  amendment.  Can  we  not, 
in  the  assertion  of  human  rights,  come  up  to  the  line  where  our 
ancestors  stood  sixty  years  ago  ?  Can  we  not  assert  those  prin- 
ciples of  freedom  which  they  then  proclaimed,  and  which  have, 
from  that  day  to  the  present  time,  when  occasion  called  for  it,  been 
repeatedly  reatfirmed.  And  are  we  now,  in  this  age  of  progress, 
to  be  gravely  deliberating  whether  we  shall  not  repudiate  the 
principle  altogether  ?  We  are  not  proposing  to  introduce  any 
new  principle — not  endeavoring  to  make  any  advance.  I  am  con- 
sidered rather  behind  the  age.  I  do  not  profess  to  belong  to  the 
party  of  progress,  and  God  forbid  that  I  should  belong  to  that  pro- 
gressive parfy  which  advances  backwards  in  the  cause  of  civil  li- 
berty; winch,  instead  of  advancing  and  adopting  a  more  liberal 
and  comprehensive  and  enlightened  policy,  proposes  to  fall  back 
upon  antiquated  ideas,  and  to  extend  and  perpetuate  an  institution 
originating  in  a  barbarous  age,  and  equally  in  conllict  with  every 
sound  idea  of  enlightened  government  as  it  is  with  every  true  feel- 
ing of  humanity. 

Mr.  DOWNS. — I  am  very  sorry  that  the  debate  upon  this  bill, 
■which  was  entirely  unexpected  to  nie  at  least,  should  have  taken 
the  turn  it  has  thij  morning.  I  supposed  yesterday  that  there  was 
a  general  understanding,  it  being  that  there  was  a  sufiicicnt  num- 
ber of  Senators  in  favor  of  the  bill,  with  one  moditication,  to  se- 
cure its  passage,  that  this  twelfth  section  should  be  stricken  out. 
This  was  the  understanding  of  the  majority  of  the  committee.  The 
gentlemtin  who  acts  in  behalf  of  the  committee  in  the  absence  of 
the  chairman,  assented  to  that  course.  I  am  very  sorry  he  has 
changed  his  course,  and  has  this  morning  withdrawn  his  motion  to 
strike  out  the  twelfth  section.  I  agree  with  the  honorable  Sena- 
tor from  Missouri  [Mr.  Benton,]  that  in  acting  upon  this  bill  it 
is  wholly  unnecessary  to  introduce  the  question  of  slavery.  .A  bill 
so  important  as  this  should  be  passed  without  raising  unnecessa- 
rily that  ve.xed  question.  I  believe  I  may  say  I  regretted  its  intro- 
duction as  much  as  any  member  of  this  body.  I  wish  to  be  under- 
stood  upon  this  subject.  I  hold  not  extreme  opinions  on  the  exten- 
sion of  slavery  into  new  territory.  I  stop  a  good  deal  short  of  the 
opinion,  it  is  well  known,  which  some  gentlemen  upon  this  floor 
entertain.  I  do  not  choose  to  pursue  it  as  far  at  present  as  some 
gentlemen  do  I  have  been  contending  for  moderation,  forbear- 
ance, for  no  denunciations,  for  standing  where  we  have  always 
heretofore  stood.  I  have  never  contended  that  by  <iperation  of 
the  constitution  of  the  United  States  in  a  new  territory,  slavery 
necessarily  existed.  I  have  assumed  no  such  position.  That  is  a 
question  which  has  not  been  muoh  discussed.  I  do  not  choose  to 
commit  myself  fully  upon  it.  But  I  may  say  tliat  no  man  up  to  this 
time,  ever  heard  me  express  a  desire  to  be  exonerated  from  an  ex- 
pression of  my  opinions.  I  do  not  ask  it  now.  But  it  requires 
further  illucidation.  My  present  impressions  are  these  :  lam  wil- 
ling to  leave  the  question  where,  I  believe,  a  large  portion  of  the 
people  of  the  United  States  are  willing  that  it  should  be  left,  viz  : 
with  the  people  of  the  territories  themselves.  Hence  it  was  that 
I  hoped  this  bill  would  be  permitted  to  pass  without  requiring  the 
express  declaration  of  Congress  as  to  the  position  they  w!ll  take 
upon  this  exciting  question.  Now,  upon  what  right,  or  upon  what 
ground  can  those  who  hold  a  diti'erent  opinion  object  to  this  course  ? 
According  to  their  own  principles,  they  ought  not  to  object  for  a 
moment.  Their  first  principle  is,  that  by  the  constitution  and 
laws  as  they  exist,  in  new  territories  slavery  cannot  exist.  It  is 
not  contended  that  it  was  ever  established  there,  it  cannot  there- 
fore exist  according  to  their  own  doctrine.  The  whole  weight  of 
argument  .seems  to  be  against  those  who  insist  that  Congres.s 
should  now  interjiose.  Where  is  the  necessity  if  their  principle  is 
correct?  But  in  this  case  it  is  not  left  a  blank.  The  people  of 
Oregon  have  moved  in  regard  to  the  subject.  They  have  passed 
an  oidinanee,  made  a  provision,  which  I  think  is  tantamount  to 
the  amendment  jiroposcd  by  the  Senator  from  New  Hampshire 
{Mr.  H.\Li;,l  prohibiting  slavery  as  though  there  was  a  doubt 
about  the  existence  of  the  prohibition  there,  or  that  wc  supposed 
they  had  provided  for  its  establishment.  Now,  does  striking  out 
the  twelfth  section  interfere  with  it  in  any  way?  Not  at  all.  Not 
in  the  least.  I  was  astonished  at  the  strangp  position  a.ssumed  by 
the  honorable  Senator  from  North  Carolina  [Mr.  Baduer,]  that 
unless  this  proposition  was  adopted  a'l  their  laws  would  be  abiTKra- 
ted.  It  was  sufficiently  answered  by  the  honorable  Senators  from 
Texas  and  South  Carolina,  [Mr.  RtJSK  and  Mr.  Huti.f.r.I  But 
I  presume  there  are  very  few  in  this  Senate  who  entertain  that 
lopinioii.    Those  laws  were  adopted  in  Oregon  under  extraordina- 


ry circumstances.  This  government  had  failed  to  extend  its  laws 
over  them.  It  was  necessary  that  they  should  have  laws  for  their 
government.  It  is  perfectly  immaterial  whether  the  act  recog- 
nize them  or  not;  they  were  adopted  because  they  had  no  other 
laws  there.  They  will,  so  far  as  they  are  incompatible  with  the 
constitution  and  laws,  cease  when  our  laws  are  extended  over  them. 
I  know  not  by  what  authority,  except  by  consent  of  the  people, 
they  have  any  operation  at  all,  even  now;  but  by  whatever  au- 
thority they  have  will  remain,  it  is  certain — whatever  you  enact 
here,  until  your  new  system  goes  into  operation,  and  then  when 
not  inconsistent. 

Why,  then,  should  those  who  contend  that  slavery  ought  not  to 
be  extended  to  Oregon,  raise  this  question  here  ?  In  the  first 
place,  according  to  their  own  principle,  there  can  be  no  danger  of 
what  they  wish  to  avoid.  In  the  next  place,  they  have  a  positive 
enaetmeiit  of  the  provisional  government  forbidding  it.  In  addi- 
tion to  that,  there  cannot  be  a  man  who  believes  for  a  moment 
that  slavery  can  exist  thore.  You  cannot  induce  a  man  holding 
slaves  to  go  there  with  his  slaves.  It  would  be  perfectly  useless. 
Every  body  seems  to  admit  that.  Upon  these  three  grounds  then, 
tlie  case  stands  clearly  against  us.  You  have  it  all  your  own  way. 
And  yet  it  is  insisted  here  now  without  object,  and  therefore 
insnitingly,  that  this  measure  must  be  rammed  down  out  throats 
nolens  volens  !  Is  this  the  spirit  of  brotherly  love,  compromise 
and  concession,  in  which  our  glorious  Union  originated?  Could 
It  have  grown  up  under  the  influeuee  of  such  feelings  ?  Will  it 
last  while  such  are  indulged?  These  are  thoughts  on  which  we 
ought  all  to  ponder  and  to  pause.  I  have  never  yet  despaired  of 
the  Union,  I  hope  I  never  shall.  I  am  not  disposed  to  brood  over 
evils  that  may  never  come.  But  such  a  measure,  at  such  a  time, 
under  such  circumstances,  ofl'ered  voluntarily  as  a  boon  one  day 
and  snatched  back  the  next — unnecessary,  not  practical,  as  useless 
to  you  as  thejpound  of  flesh  to  the  Jew,  but  death  to  us,  is,  it  is  pain- 
ful to  confess'  no  omen  of  good  !  It  cannot  be  contended  that  there 
is  a  necessity  for  it. 

Mr.  President,  some  gentlemen  may  have  been  surprisad  at  the 
concessions  of  the  honorable  Senator  from  New  Hampshire,  [.Mr. 
Hale,]  the  other  day  when  he  withdrew  his  amendment;  but  tliey 
see  now,  I  have  no  doubt,  that  the  gentleman  understood  what  he 
was  doing.  Whatever  may  have  been  considered  as  to  conces- 
sion in  the  withdrawal  of  that  amendment  at  the  time,  it  is  evident 
now  that  the  question  of  the  Wilmott  provi.so  is  as  clearly  and  dis- 
tinctly involved  in  the  12th  section  of  this  bill  as  in  the  amendment. 
And  when  the  amendment  of  the  honorable  Senator  from  Florida 
was  also  withdrawn,  it  was  understood  that  the  bill  should  be 
passed  without  either;  but  now  the  head  of  the  committee  has 
abandoned  that  position  and  withdrawn  his  amendment,  and  I  re- 
eret  to  sav  wc  arc  back  in  the  same  position  in  which  we  were 
before  the  amendment  of  the  Senator  from  New  Hampshire  was 
withdrawn.  And  we  have  no  choice.  It  amounts  to  the  same 
thing.  I  do  not  think  this  ought  to  be  pressed  upon  us,  under  the 
circumstances,  at  this  time. 

I  had  no  idea  of  saying  a  word  upon  this  subject.  Upon  this,  as 
upon  most  other  questions,  my  disposition  is  to  hear,  and  to  be  in- 
firmed,  not  to  speak,  but  I  was  so  much  astonished  at  the  course 
taken  this  morning,  I  felt  it  to  be  so  unpropillous  a  course  to  pro- 
duce harmony  on  this  subject,  so  calculated  to  lead  to  evil  conse- 
quences, that  I  could  not  resist  the  inclination  I  felt  to  raise  my 
voice  against  it.  I  do  not  intend  to  enter  into  the  general  discus'- 
sion  upon  this  subject,  I  believe  the  die  is  cast.  Gentlemen  see 
that  this  question  must  be  met,  and  perhaps  it  may  as  well  be  met 
here  as  any  where  else.  It  seems  to  be  the  necessary  tendency  of 
the  proceeding  of  to-day  ;  still  at  this  stage  of  the  debate  I  am 
not  disposed  to  enter  into  the  discussion  of  the  subject  at  large  al. 
though  there  were  some  remarks  made  by  the  Senator  from  Con- 
neetieut,  [Mr.  Niles,]  that  are  so  extraordinary,  that  I  would 
consider  myself  derelict  in  duty  if  I  were  to  permit  them  to  pass 
without  notice.  But  here  be  it  remarked  as  in  all  other  phases  of 
this  matter,  we  acton  the  defensive,  I  shall  not  attempt  to  quote 
the  precise  words  of  the  Senator,  but  merely  state  the  substance 
of  some  of  the  points  made  by  him.  As  I  understand  one  of  his 
positions  IS,  that  the  power  of  this  government  rests  with  the 
South,  That  there  is  a  |ire]ionderance  of  power  and  most  of  the 
high  iilliei's  held  there,  and  that  that  power  is  maintained  by  the 
institution  of  slavery.  Now  I  do  not  think  there  is  any  cause  for 
a  complaint  of  this  kind.  I  do  not  believe  that  it  ever  entered  into 
the  designs  or  thoughts  of  the  people  of  the  South,  that  this  pre- 
dominance in  relation  to  public  otfiees  should  prevail  in  the  South. 
If  it  has  existed,  it  has  arisen  in  the  natural  course  of  events,  and 
not  from  any  design  on  the  jjart  of  the  South.  If  it  has  happened 
that  more  distinguished  olliccrs  of  thi^  governmciu  have  come  from 
the  South  to  say  that  they  have  been  brought  into  office  by  the 
])0wer  of  this  slave  question,  is  an  assertion  which  has  no  founda- 
tion. .  But  gentlemen  say  that  the  greater  number  of  Presidents 
have  been  taken  from  the  South,  and  that  it  has  been  through  the 
influence  of  this  slave  question.  You  might  as  well  say  that  iho 
man  who  fought  at  the  head  of  our  army  for  our  liberties  in  the 
revolution,  and  who  was  by  acclamation  placed  in  the  Presiden- 
tial chair  afterwtirds,  attained  these  honors  by  means  of  the  slave 
question.  Why  was  it  that  ho  was  jilaced  m  the  most  distinguish- 
ed position  in  the  revolutionary  war  ?  Why  was  it  that  the  sinews 
of  war  were  plac'cd  in  his  hands  ?  It  was  not  by  a  caucus  of  South- 
ern men,  it  was  not  upon  Southern  soil,  but  in  the  North,  He  did 
not  assume  his  command  in  the  South,  Did  it  enter  into  the 
conceptions  of  either  the  North  or  the  South,  that  he  was  placed 
there  because  he  came  iVom  tha  Soutii  ?    Not  at  all,  but  because 


June  2.] 


THE  OREGON  BILL. 


693 


ha  had  rendered  more  service  to  the  county  than  any  other  man. 
He  was  coiisef|uently  the- people's  choice.  The  same  ahnost 
might  be  said  of  other  Presidents  and  high  officers  from  the  South 
— whoever  pretended  that  Jefferson,  Madison,  Monroe,  Jackson, 
Marshall,  and  others  like  them,  owed  their  high  places  and  honors 
to  the  slave  power  as  it  is  called  ?  Who  thought  of  such  a  thing 
when  they  came  into  power  ?  No,  sir,  blame  us  not  if  we  have 
had  more  high  offices  than  you — it  was  not  our  fault — we  left 
these  things  to  the  natural  course  of  the  government.  If  you  had 
had  the  same  or  a  greater  preponderance  we  should  not  have  com- 
plained— but  can  you  not  see  other  causes  for  this  preponderance — 
they  may  suggest  themselves  to  all  minds — the  history  of  the 
country  suggest  them — but  I  shall  not  here  state  them.  There 
are  some  things  in  this  government  besides  offices.  I  dislike  to 
institute  comparisons,  they  are  always  offensive,  but  when  such 
distinctions  are  raised  we  must  advert  to  them.  We  cannot,  when 
we  enter  into  battle,  always  choose  our  own  weapons,  we  must  be 
governed  in  some  degree  by  those  with  wliom  we  have  to  contend. 
When  we  are  taunted  with  the  insinuation  that  we  are  overrunning 
the  Union  with  our  slave  power,  it  is,  I  must  say,  a  most  unme- 
rited and  unjust  accusation.  There  are  some  things  as  valuable 
and  as  dear  to  us  as  office:  there  are  some  things  tiiat  come  more 
directly  home  to  our  firesides  than  office,  lor  instance  your  com- 
merce and  your  trade,  how  docs  the  comparison  stand  there  ? 
Take  your  inland  trade.  What  have  been  the  operations 
between  the  North  and  the  South  ?  The  North  has  grown 
up  under  the  compromises  of  the  constitution,  which  have 
borne  most,  oppressively  m   some   cases   upon   the    South.     Thev 


not  necessary  to  do  so.  When  Texas  first  succeeded  in  establish- 
ing her  independence,  when  the  question  was  first  mooted  of  the 
annexation  of  Texas  to  the  United  States,  I  recollect  distinctly 
that  many  of  the  people  of  my  State  took  decided  grounds  against 
it,  in  consequence  of  the  danger  that  the  agricultural  interests  of 
the  State  might  bo  interfered  with.  That  ground  was  taken  by 
many  of  the  presses  of  the  country,  but,  sir,  this  question  of  slave- 
ry began  to  be  agitated  at  the  North.  You  must  recollect  a  most 
extraordinary  occurrence  that  took  place  here  in  March,  1843, 
when  a  formal  manifesto  was  sent  out  from  the  free  States  against 
annexation  in  relation  to  slavery,  in  which  the  most  violent  attack 
were  made  on  ihc  South.'  Where  was  the  necessity  of  thus  at- 
tracting the  attention  of  the  whole  world,  and  agitating  the  sub- 
ject at  that  time  ?     Who  commenced  it  1     Was  it  the  South? 

Here  was  the  commencement  of  the'agitation — the  South  was 
all  quiet.  We  left  it  to  the  decision  of  the  people  whatever  that 
decision  might  be.  But  for  that  proclamation  and  the  feelings  to 
which  it  gave  rise,  annexation  might  have  been  long  delayed.  As 
it  was  then,  so  it  will  be  again.  We  do  not  start  the  question, 
but  when  the  question  is  made,  it  is  not  the  character  of  the  South 
to  pass  it  by.  They  will  expostulate  with  their  friends  in  the 
North — they  will  do  all  that  dignity  and  a  sense  of  honor  permit 
them  to  do,  to  prevent  it  ;  but  when  it  comes  they  will  meet  it  as 
it  ought  to  be  met.  They  will  stand  firm  as  did  our  fathers  in  the 
revolution.  They  have  done  so  already,  and  it  is  their  glory  that 
they  have  done  so.  They  would  have  been  unworthy  of  their  an- 
cestors if  they  had  not  done  it,  and  I  assure  gentlemen  they  will 
do  it  still.     But  do  not  place  us  in  a  false  position  ;  it  is  your  own 


*  TldB  appeal  was  preceded  I)y  tlie  eeletnateij  s|)eech  of  Mr.  3.  Q.  Ailams  "from  the 
]filh  cf  June  10  the  Till  of  .laly,  lf?,')8,"  aud  ofwliiclt  liesaiil,  "Uie  session  of  Congreai 
closed  before  I  conld  finisli,"  and  at  Bratntree  on  the  17th  of  Pepteinl>er,  184-2  ;  and 
by  thespeecli  of  Mr.  Webster  in  March,  lKi7.  Here  are  the  names  signed  to  tlie  ad- 
dress, and  some  e-\tract.s  from  il.  Here  was  tlie  gauntlet  tirst  tlirown  at  us.  as  it  is 
now  ;  and  because  we  took  it  up — be<-ause  we  were  compelled  in  self  defence  to  take 
It  up — we  are  accused  of  encroaabing  on  other  portions  ot  the  Union  ! 

"  Tile  address  itself  is  not  to  the  people  of  the  United  Stales,  but  "To  the  People  of 
the  Free  States  of  the  Vniim,^'  It  is  dated  on  the  3d  of  March,  1843,  and  signed  Ijy 
twenty  one  abolition  members  of  Congress,  as  follows  : 


John  Qnincy  Adams, 
William  B.  Calhoun, 
Nathaniel  R.  Borden, 
Christopher  Morgan, 
Hiland  Hall. 
Thomas  W.  Williams, 
StaleyN.  Clart, 


Pclh  M.  Gates. 
Joshua  R.  Giddinss, 
Thomas  C.  Ciitlendeii. 
Joshua  M.  Howard, 
David  Bronson. 
(leorpe  N.  Briggs, 
Archibald  L.  Linn, 


William  Slade. 
Phclbroek  J.  Andrew!, 
John  Mattox. 
\'iclory  Birdseve, 
Truman  Smith. 
Charles  Hudson. 
Thomas  A.  Tomlinson. 


have  borne  us  to  the  dust,  yet  we  have  not  complained.  We  have  aggression.  Let  us,  then,  bury  the  question,  and  swear  upon  the 
seen  our  substance  taken  away  from  us;  we  have  seen  the  rnanufac-  altar  of  the  constitution  that  it  shall  not  be  exhumed.  If  you  will 
luring  resources  of  the  North  built  up  by  the  commerce  and  labor  not  dii  so,  take  your  own  course  ;  but,  I  beg  of  you,  when  you  come% 
of  the  South;*  we  have  seen  their  ships  in  every  part  of  the  globe  to  speak  of  us  and  of  our  acts,  speak  of  us  as  we  are,  and  of  our 
laden  for  the  most  part  with  the  products  of  the  South;  we  have  acts  according  to  their  true  interpretation.  Speak  of  us  as  being 
submitted  to  it  all  and  complained  but  little.  We  have  depended  encroached  upon  and  as  resisting—not  as  endeavoring  to  carry  our 
upon  the  action  and  operation  of  the  constitution  for  a  mitigation  institutions  where  they  are  not  acceptable.  The  South,  willing  as 
of  these  oppressions.  It  comes  slow  and  grudgingly  when  it  comes  she  is  to  make  concessions,  is  not  so  fond  of  them  as  to  make  use- 
at  all.     I  believe   I  may  safely  say  for  all  the  South,  you  may  have     less  concessions. 

every  President  from  the  North,  if  he  be  a  man   in  other  respects 

as  acceptable,  and  no  man  in  the  South  will  raise  his  voice  against 
it.  The  people  of  the  South  do  not  come  to  this  government  for 
office;  politicians  may  struggle  and. contend  for  offices,  but  I  speak 
of  the  great  body  of  the  people  of  the  South.  They  do  not  care  a 
straw  for  your  oHices.  You  may  have  all  your  Presidents  and 
your  Secretaries  for  the  next  tiftj  years  and  we  will  never  com- 
plain. We  consider  the  Union  a  solemn  compact;  we  wish  to 
abide  by  it,  ,and  not  reproach  our  brethren  of  the  North.  The  in- 
terests of  the  South  without  the  aid  of  this  Union,  might  have  gone 
on  very  well — I  will  not  say  as  well — but  I  will  say  that  the  South 
could  have  better  dispensed  with  the  Union  than  the  North,  and  if 
I  were  disposed  to  pursue  this  ijuestion  further,  I  would  ask  what 
would  a  certain  portion  of  the  North  be  without  the  Union  ? 
Where  would  have  been  employed  the  ships  of  Massachusetts  and 
New  Hampshire  ?  Where  would  have  been  the  sale  for  their  pro- 
ductions ?  Where  tiie  value  that  is  given  to  every  little  stream  of 
water  that  flows  through  their  sterile  hills  ?  Where  the  price  that  is 
paid  for  their  granite  and  their  ponds  of  ice,  enriching  them  more 
than  our  fertile  fields  ?  Give  all  the  wealth  that  has  gone  from 
the  South  to  the  North  back  again,  and  walls  of  granite,  and  pal- 
aces, and  towns,  would  rise  there  also.  Reproach  us  not,  then, 
for  any  supposed  advantage  on  account  of  the  institution  of  slave- 
ry, or  any  other  peculiar  advantage  we  have  under  the  constitu- 
tion. You  have  the  best  of  the  bargain,  and  you  feel,  and  you 
know  it.     We  do  not  couiplain,  neither  should  von. 

Another  position  assumed  by  the  gentleman  is,  that  the  question 
presented  here  is,  whether  we  shall  adopt  slavery  in  Oregon  or 
not,  whether  we  shall  carry  it  beyond  the  boundary  where  it  al- 
ready exists?  I  cannot  for  my  life,  understand  why  the  gentleman 
places  it  upon  this  footing.  He  says  it  has  been  the  custom  here- 
tofore, to  leave  the  territories  where  we  find  them  in  regard  to 
this  subject.  Do  we  propose  to  make  any  provision  fur  the  esta- 
blishment of  slavery  in  Oregon  ?  If  I  should  come  and  ask  to  be 
permitted  to  take  my  negroes  to  Oregon,  then  the  case  would  be 
different.  But  who  would  ever  think  of  conveying  his  slaves  there? 
With  what  propriety  can  the  gentleman  say  that  slavery  ever  will 
exist  there  ?  I  am  willing  to  let  the  matter  stand  as  it  is;  to  say 
nothing  about  il.  I  do  not  wisli  to  agitate  the  question.  And  I 
would  go  further,  and  enter  into  a  compact,  that  not  only  upon  this 
occasion,  but  upon  no  occasion  hereafter,  shall  the  question  be  agi- 
tated. I  believe  the  whole  South  will  agree  with  me.  We  have 
not  introduced  the  subject.  Our  proper  position  on  this  question 
is  defensive.  All  that  we  wish  is,  that  we  may  not  be  encroached 
upon.  Has  the  South  contended  that  where  slavery  does  not  exist 
it  shall  be  extended  '.  Never  has  any  such  proposition  been  set  up 
by  the  South,  and  never  will  it  be.  But  we  were  told  yesterday, 
by  the  Senator  from  New  Hampshire,  [Mr.  Hai-e,]  that  the  inte- 
rests connected  with  slavery,  had  produced  the  Mexican  war;  that 
the  war  grew  out  of  the  annexation  of  Texas,  and  that  annexation 
was  the  offspring  of  the  slaveholding  interest.  When  the  history 
of  this  war  comes  to  be  written  impartially,  it  cannot  be  imputed 
to  the  South.     But  I  shall  not   go  into  that  question  now.     It  is 


*  Mr.  Webster  in  his  speech  at  Fanueil  Hall,  on  the  6th  of  No- 
vember, 1846,  said  : 

"  Has  not  the  constitution  given  the  people  great  prosperilv  ?  Has  it  not  mjide  our 
flag  fioat  in  every  sea  on  earth  .'  Has  it  not  fostered  our  manufactures  ?  VVhere  woulti 
Masaachmetts  have  been  without  it  '.    Wotthe  Masbacuusetts  she  .now  is." 


This  document  ought  to  be  read  by  everv  man  of  the  South.  I  can  now  furnish 
only  a  few  quolatious.  It  commences,  "  We,  the  undersigned,  in  closing  our  duties 
to  our  constituents  and  our  country,  as  members  of  the  twenty-seventh  Congress,  fort 
bound  to  call  your  attention  very  iirietly  to  the  project  long  entertained  by  a  portion  of 
the  people  of  these  United  Stales,  slill  pertinaciou>Iy  adhered  to,  and  int  -nded  soon  to 
be  consummated — the  asnexation  <iF  Te.vas  to  this  Us'on. 

"  In  the  press  of  business  incidental  to  the  last  days  of  the  session  of  Congress,  we 
have  not  tinie,  did  we  deem  it  necessa-y,  to  enter  upon  a  detailed  statement  of  the  rea- 
sons which  force  upon  ourminds  the  conviction  that  this  project  is  Ity  no  means  aban- 
doned. That  a  large  portion  of  the  counlry  interested  in  the  continuance  of  domestic 
slavery  and  the  slave  trade  in  these  United  States,  have  Eolemnlv  and  unalterably  de- 
termined that  it  shall  be  speedily  carried  into  eiecution.  That  by  this  admission,  a 
new  slave  territory  and  slave  States,  the  undue  ascendancy  of  the  slaveholding  power 
iu  the  government  shall  he  secured  and  riveted  beyond  all  redemption. 

"  The  open  avowal  of  the  Texans  themselves,  tlie  frequent  aud  anxions  negotia- 
tions of  our  own  government,  the  resolutions  of  the  various  States  of  the  t^nion,  the 
numerous  declarations  of  members  of  Congress,  the  tone  of  the  Southern  press,  as 
welt  as  the  direct  application  of  the  Texan  government,  make  it  impossible  for  any 
man  to  doubt  that  annexation  and  a  formation  of  several  new  slaveholding  States, 
were  originally  the  policy  and  design  of  the  slaveholding  States  and  the  Executive  of 
the  nation, 

"  Although  perfectly  aware  that  many  important  and  controlling  objections  to  an  - 
nex.aiion  exists,  aside  t^rom  the  question  of  slavery,  we  have,  in  this  address,  confined 
ourselves  principally  to  that,  because  of  its  paramount  importance,  and  because  Me 
advocates  of  annexation  distinrtlij  place  it  upon  that  /rround." 

The  address  Ihen  proceeds  to  quote  some  opinions  of  Mr.  Webster,  in  March,  1837, 
IS  follows  ; 

"  We  all  see  that  by  whomsover  possessed,  Texas  is  likely  to  be  a  slaveholding  cono- 

try,  aud  I  frankly  avow  my  entire  unwillingness  to  do  any  thing  which  will  extend  the 
slavery  of  the  African  race  on  this  continent,  or  add  other  slaveholding  States  to  the 
Union. 

"  In  my  opinion  the  people  ofthe  United  States  will  not  consent  to  bring  a  new. 
vastly  extensive,  ami  slaveholding  country,  large  enough  for  lualf  a  dozen  States,  into 
the  Union,  In  my  opinion  they  ovght  not  to  consent  \u  it.  This  subject  has 
not  only  attracted  attention  as  a  question  of  politics,  but  it  has  struck  a  deeper  toued 
chore.  It  h.as  arrested  the  religious  feeling  of  ihe  country.  It  has  taken  strong  hold  on 
the  consciences  of  men. 

"  He  is  a  rash  man,  indeed,  and  little  conversant  with  human  nature,  and  especially 
has  he  a  very  erroneous  estimate  of  the  character  of  the  people  of  this  counlrv,  who 
supposes  that  a  feeling  of  this  kind  is  to  be  trilled  with  or  despised.  It  will  assuredly 
cause  itself  to  be  respected."  He  concludes  bv  saying,  "  I  see,  therefore,  no  politioat 
necessity  lor  the  annexation  of  Texas  to  the  Union." 

The  address  from  Mr,  Adams  and  others  then  proceeds  : 

"  We  hesitate  not  to  say,  that  annexation  effected  by  any  act  or  proceeding  of  tba 
federal  government,  or  any  of  its  departments,  wnrr.D  be'idbntical  with  disso- 
lution. And  we  not  only  assert  that  the  people  of  the  free  States  ought  not  to  sub- 
mit to  it,  but  we  say  with  confidence  they  wotdd  not  submit  to  it."  It  then  concludes 
with  the  following  appeal  : 

"  To  prevent  the  success  of  this  nefarious  project — to  preserve  from  such  gross  vio- 
lation the  constitution  of  our  counsry,  adopted  expressly  lo  ^secure  the  blessings  of  lib- 
erty,'  and  not  the  perpetuation  of"  slavery — and  to  prevent  the  speedy  and  violent  dis- 
solution ofthe  Union,  we  invite  you  to  unite,  without  disuuction  of  party,  in  an  imme- 
diate expression  of  yonr  views  on  this  subject,  in  such  manne;  as  you  may  deem  best 
c&lcutateU  to  aaswer  the  eati  proposed.'* 


694 


THE  OREGON  BILL. 


[Feiday, 


Mr.  HOUSTON. — I  propose,  with  the  view  of  bringing  tliis 
impiofitable,  if  nut  injurious  discussion  to  a  termination,  to  offer 
the  following  amendment  to  be  inserted  after  the  word  ''equity" 
in  the  ninth  line  of  the  twelfth  section,  with  the  hope  that  it  will 
render  the  bill  acceptable  to  Senators,  and  do  aw^y  with  the  ob- 
jections that  have  been  urged  against  it.  The  section  will  then 
read  thus  : 

"That  the  inliabitanta  ol'  said  territory  shall  be  entitled  to  ail  the  rights,  privileges,^ 
and  immunities  heretofore  granted  and  secured  to  the  inhabitants  of  the  territory  of 
Iowa,  &c.,  Stc." 

I  ofTer  this  amendment,  sir,  without  any  remark  ;  and  wish  the 
vote  taken  upon  it,  if  it  be  in  accordance  with  the  judgmeni  of 
the  Senate. 

The  amendtuent  was  agreed  to. 

Mr.  CALHOUN. — I  would  be  very  (.hid  if  the  honorable  Sena- 
tor would  inform  us  whether,  under  the  ])rovision  as  it  now  stands, 
the  people  of  the  Sonth  emigrating  to  that  territory  would  bo  per- 
mitted the  enjoyment  of  their  property  as  in  the  States  where 
they  now  reside. 

Mr.  HOUSTON. — I  ran  say  to  the  gentleman  that  my  object 
is  to  have  protection  extended  to  the  people  of  Oregon.  They 
require  an  organization  to  protect  them  against  the  surrounding 
tribes  of  Indians,  and  for  the  purpose  of  establishing  such  an  or- 
ganization as  the  constitution  of  the  United  States  guarantees  to 
them  without  reference  to  the  subject  of  sl.avery  ;  for  I  consider 
that  a  matter  with  which  Congress  has  nothing  to  do.  So  lar  as 
the  constitution  has  guaranteed  the  right  to  them,  .so  far  they  will 
be  in  the  possession  and  enjoyment  of  it.  It  is  a  question  to  be 
determined  by  the  judiciary  of  the  United  States,  and  any  law 
'  enacted  by  Congress  that  would  be  incompatible  with  the  consti- 
tution, would  be  utterly  void.  I  am  for  extending  to  the  people  of 
Oregon  all  the  privileges  that  are  accorded  to  the  people  of  that 
part  of  the  country  from  which  I  come.  I  will  premise  that  I 
have  no  idea  that  slavery  will  ever  be  extended  to  that  portion  of 
the  United  States  ;  nor  have  I  any  idea  that  any  person  frjm  the 
South — any  person  from  that  part  of  the  U..ited  States  lying  south 
of  latitude  36°  30'  would  desire  to  emigrate  with  his  slaves  to  a 
region  inclement  as  that  is,  and  incompatible  as  it  is  with  the  la- 
bor. I  cannot  conceive  that  it  is  inconsistent  with  the  slaveholdin^ 
interests  in  this  country,  that  the  citizens  of  that  territory  should 
inhibit  slavery.  But  I  act  upon  the  principle  which  I  find  to  be 
established,  and  by  virtue  of  which  Texas  was  admitt  'd  into  the 
Union.  I  find  it  was  a  point  conceded,  established  and  laid  down, 
that  north  of  36°  301  slavery  was  clearly  prohibited  by  the  joint 
resolution  that  brought  Texas  into  the  Union.  Whether  the  prin- 
ciple recognized  by  that  resolution,  and  by  the  Missou.-i  eo  iiprn- 
mise,  is  to  extend  to  Oregon,  must  be  a  matter  for  future  iidjudi- 
cation.  These  are  luy  opinions  in  relation  to  this  subject.  But  I 
do  not  conceive  that  it  involves  the  slavebohling  interest  in  the 
least.  I  wish  to  guarantee  to  the  people  of  Oregon  all  the  ri;:hts 
that  lielong  to  tbetn  ;  and  any  laws  not  incotupatiiile  with  the  con- 
stitution tiiat  may-be  in  existence  in  Oregon,  I  desire  shall  continue 
in  existence  and  enure  to  their  benefit.  I  would  be  the  last  man 
to  wish  to  do  any  thing  to  prejudice  the  interests  of  the  South,  but 
I  do  not  think  that  on  all  occasions  we  are  justified  in  agitatins 
this  mooted  question.  I  am  not  one  of  those  who  feel  disposed  to 
croak,  and  who  leel  alarmed  whenever  the  subject  is  alluded  to, 
believini;  that  a  crisis  is  at  hand,  and  that  the  Union  is  about  to 
be  dissolved.  I  have  too  much  c.infidenee  in  the  integrity,  intelli- 
gence and  patriotism,  not  only  of  gentlemen  i.pon  this  floor,  but  of 
the  people  of  this  Union.  The  little  agitations  that  tnay  arise  in 
this  hall  or  elsewhere  are  not  calculated  to  aflVct  the  great  inter- 
ests of  the  Union.  Our  institutions  are  too  valunble,  and  have 
cost  too  large  a  price  to  be  easily  parted  w  th  or  disturbed.  The 
intelligence  of  tie  people  have  taught  theiu  to  appreciate  those 
institutions.  They  consider  them  a  sacred  legacy  left  them  by 
their  fathers,  and  they  will  not  allow  the  petty  schisms  and  agita. 
tions  which  may  prevail  lor  a  time  among  politicians  to  endanger 
their  safety.  If  1  come  into  this  Union  under  a  compromise,  I 
will  stand  upon  that  compromise,  upon  it  I  will  plant  myself;  feel- 


ing no  apprehension  of  any  encroachment  being  made  by  the  North 
upon  the  rights  of  the  South,  so  long  as  they  are  :.ot  coaded  by  an 
untimely  and  uncalled  for  assertion  of  riabts  and  privileges  which 
are  guaranteed  by  the  constitution  under  which  we  live.  For 
these  reasons  I  olFc'red  this  amendment,  in  the  hope  that  it  would 
meet  the  views  of  every  gentleman,  as  it  erabrafaes  the  constitu- 
tional  interests  of  every  section.  These  questions  are  always  un. 
pleasant  to  me,  but  wheti  I  see  them  tna.-e  the  instrument  of  a  lit- 
tle brief  excitement,  I  do  not  dread  the  result  if  an  appeal  be 
made  to  the  intelligence  of  the  people  of  this  Union. 

Mr.  CALHOUN. — If  I  understand   aright  the  explanation  of 

the  honorable  Senator  ,  his  object  is  to  avoid  any  decision  on  this 
question  on  the  part  of  the  Senate. 

Mr.  HOUSTON.— That  is  the  object. 

Mr.  CALHOUN.— The  most  simple  form  of  effecting  that  ob- 
ject  is  to  strike  out  the  section.  No  change  is  in  reality  mada  by 
the  amendment.  That  is  my  judgment.  All  must  desire  to  act 
in  light  rather  than  darkness.  In  order,  therefore,  that  we  may 
have  time  for  delilieration,  I  move  that  the  amendment  be  printed, 
so  that  it  may  be  before  us  to-morrow. 

Mr.  DAVIS,  of  Massachusetts,  here  moved  an  adjournment. 

Mr.  HANNEGAN  hoped  that  the  Senator  would  withdraw  his 
motion — that  the  amendment  would  be  agreed  to,  and  that  the 
Senate  would  then  go  into  Executive  session. 

Mr.  CALHOUN  strongly  objected  to  pressing  the  amendment, 
and  insisted  that  it  did  not  in  the  slightest  degree  vary  from  the 
original  section. 

Mr.  BERRIEN  contended  that  the  amendment  would  be  en- 
tirely  nugatory,  and  that  the  provisions  of  the  bill  would  remain 
just  as  tlicy  were.  The  question  before  the  Senate  and  the  coun- 
try was,  and  he  desired  the  people  of  the  South  to  understand  it, 
the  extension  of  the  provisions  of  the  ordinance  of  '87  to  the  terri. 
tory  of  Oregon. 

Mr.  UPHAM  renewed  the  motion  to  adjourn. 

A  division  was  called  for,  and  it  restdted  as  follows  : 


Ayes 
Noes 


34 
S9 


IMajority  against  Itie  motion  5 

Mr.  WESTCOTT  then  moved  that  the  bill  be  passed  inlbrm- 
ally  over  until  to-morrow  for  the  purpose  of  going  into  Executive 
S3seion. 

Mr.  BRIGHT  desired  a  vote  upon  the  bill  immediately. 

Mr.  WESTCOTT  said  this  was  a  question  of  vital  importance, 
and  he  did  not  wish  to  see  any  attempts  to  apply  the  gag. 

Mr.  BRIGHT  disclaimed  any  such  design.  He  thought  that 
there  was  an  evident  desire  on  both  sides  of  the  chamber  to  put 
the  question  to  test,  by  obtaining  a  vote  to-da)'. 

Mr.  M.\NGUM  apprehended  that  it  would  not  be  possible  to 
obtain  a  vote  to-day. 

Mr.  HANN'EG  AN  pressed  his  motion  for  an  Executive  session. 
He  was  quite  willing  to  sit  till  Mondiiy  morning,  if  a  decision  of  the 
question  could  be  obtained;  but  if  it  was  the  will  of  the  majority 
that  the  bill  should  be  postponed,  he  must  acquiesijo. 

The  yeas  and  nays  were  called  for,  and  being  ordered,  were 
taken,  with  the  following  result  : 

YEAS.— Messrs.  Atchi=on.  BaHjer.  Bahhvin.  Bell.  Berrien.  Butler,  Calhoun. 
Clarke,  Grittpuili-n.  Davis,  of  Massachusetts.  Davis,  of  Mitsissippi.  Davton.  Dosviij, 
Hunter.  Jotinson.  of  Geortria,  Lewis.  Manpum.  Miller.  Niles,  Seijastiau,  Spruance, 
Turnev.  Underworld,  t'pliam.  Weslco:!.  and  Yutee. — 2.i. 

N.\V8,— Messrs.  .Mien.  Atliertou.  Bagby.  Benton.  Borland.  Bradbury,  Brcese, 
Briijht.  Dickinson,  Di.x.  Felch,  Foote,  Hannegan,  Houston,  Moor,  Rusk,  and  Stur- 
geon.—JT. 

The  Senate  then  entered  into  E.'iecalive  session,  and  after  a 
short  lime  spent  therein,  adjourned. 


JrNE  2.] 


PETITIONS—RESOLUTIONS,  ETC, 


695 


SATURDAY,  JUNE  3.  1848. 


PETITION. 

Mfr.  STURGEON  presented  a  memorial  from  citizens  of  Phi- 
ladelphia, Pennsylvania,  prayinc  that  a  post  road  may  ho  estab- 
lished and  a  railroad  ennstriicted  between  the  cities  of  Now  York 
and  Philadelphia;  which  was  referred  to  the  Committee  on  the 
Post  Office  and  Post  Roads. 

COMPENSATION    TO    LABORERS. 

Mr.  HALE  submitted  the  following  resolution,  which  was  con- 
sidered by  unanimous  consent,  and  referred  to  the  committee  lo 
audit  and  control  the  contingent  expenses  ot'  the  Senate  : 

Itesnlveri,  That  LlovH  Wal'ace  a.  d  Sylvejtcr  Gray,  laborer;  in  the  servire  of  tlio 
Senate,  be  allowed,  the  former  two  dollars,  and  the  latter  one  iloltar  and  fifty  cents. 
Tier  dav.  to  take  effect  from  llie  commencement  of  the  present  session  of  Congress  ;  to 
liB  paid  under  the  direction  of  the  committee  to  auoit  and  control  tin:  contingent  ci- 
penscs  of  the  Senate. 

HOUR    OF   MEETING. 

Mr.  DOWNS  submitted   the  following  resolution,  for  conside- 
ration : 
Rcsolotd,  That  on  and  afler  Monday  next,  the  Senate  will  meet  at  11  o'clock,  A.ftl. 

RECESS    ORDERED. 

On  motion  by  Mr.  HANNEGAN,  it  was 

Ordered,  That  when  the  Senate  adjourns  on  Monday  next,  it 
will  adjourn  to  meet  again  on  Thursday. 

PRIVATE    BILL. 

Mr.  NILES,  from  the  Cominitteo  on  the  Post  Office  and  Post 
Roads,  to  whom  was  referred  the  petition  of  Wade  Allen,  reported 
a  bill  for  his  relief ;  which  was  read  and  passed  to  the  second  read- 
ing. 

PRE-EMPTIO.V    RIGHTS. 

Mr.  BREESE,  fi-om  the  Cominittee  on  Public  Lands,  to  whom 
was  referred  the  bill  IVom  the  House  of  Representatives  in  expla- 
nation of  an  act,  entitlen  "An  act  to  appropriate  the  proceeds  of 
the  public  lands,  and  to  grant  pre-emption  rights,"  reported  it 
without  amendtnent,  and  recommended  its  iminediate  passage. 

The  Senate  proceeded  to  consider  the  said  bill  as  in  Committee 
of  the  Whole  ;  and  no  amendment  being  made  it  was  reported  to 
the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Resolvcil,  That  this  bill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

MESSAGE    FROM    THE    HOUSE. 

The  following  message  was  received  from  the  Houso  of  Repre- 
sentatives, by  Mr.  Ca.mpbell,  their  Clerk  : 

Mr.  Presilenl:  The  House  of  Representatives  have  passed  the  joint  resolatiou  of 
the  Senate  in  favor  of  David  Shaw  and  Solomon  T.  Corser.  and  the  bill  of  the  Sen- 
ate for  the  relief  of  VV.  B  Slaughter,  late  Secretary  of  tlic  Territory  of  Wisconsin, 
with  amendnieuts,  ill  which  they  retjueSL  the  cmcorrence  of  the  Senate. 

They  have  passed  the  bills  of  the  Senate  for  the  relief  of  Joseph  Wilson  ;  for  the  re- 
lief ot'(-*harles  L.  Dell ;  for  the  relief  01"  Fernando  Fcllauy  ;  for  the  relief  of  Jones 
and  Boker  ;  and  for  the  relief  of  Richard  Bloss  and  others. 

They  have  also  passed  a  bill  to  prohibit  the  importation  of  adulterated,  deteriorated, 
and  misnamed  medicines,  and  several  private  bills,  in  wliich  they  request  the  concui- 
ren*  of  the  Senate. 

palmer's  memoir. 

On  motion  by  Mr.  DIX,  it  was 

Ordered,  That  two  thousand  additional  copies  be  printed  of  the 
memoir  of  Aaron  H.  Palmer  on  tlie  State,  resnurees  and  capabili- 
ties for  oommeree  of  Siberia  and  otlier  oountries  of  the  Eeast, 
with  the  accompanying  additional  map,  for  the  use  of  the  Senate, 

STATISTICS  OF  AGRICCLTDRE  AND  MANUFACTURES. 

On  motion  by  Mr.  UNDERWOOD,  the  prior  orders  werepost- 
poneil,  and  the  Senate  prnceeded  to  consider  as,  in  Committee  of 
the  Whole,  the  joint  resolution  requiring  the  Commissioner  of  Pa- 
tents to  report  annu  illy  upon  the  prices  of  labor,  and  the  produc- 
tions of  agriculture  and  manufactories. 

Mr.  BENTON — This  resolution,  it  seems  to  me,  is  opening  a 
field  lor  inquiry  which  has  no  limit,  no  boundary.  It  proposes  a 
collection  of  facts  gone  by — ihings  of  no  more  value  than  the  con- 
tends of  last  year's  almanac.  It  proposes  to  nsesi  lain  the  prices 
of  produce  and  manufactures,  and  the  pi  ice  of  labor  every  where 
during  vast  years.     When  you  have  got  these  iacts  collccledtwliar 


are  you  going  to  do  with  them;  and  in  the  first  place,  bow  are  you 
to  get  them.  The  Commissioner  of  the  Patent  Office  is  ordered 
10  collect  them,  but  I  take  it,  he  has  his  hands  full  already  with 
his  business  of  patents,  and  his  new  department  ol  collector  of 
agricultural  stalistics.  The  examination  of  patents  is  in  arrears 
about  how  many  months  ?     Can  any  Senator  inform  me  1 

A  Senator. — Seventeen  months. 

Mr.  BENTON. — The  proper  business  of  the  Department  is  so 
much  in  arrcar,  that  people  having  business  with  it  are  applying 
continually  to  members  of  Congress  and  officers  of  government, 
to  have  their  patents  extended.  The  proper  business  of  the  office 
is  now  greatly  in  arrear,  and  yet  we  are  going  to  create  new  du- 
ties for  the  Commissioner;  we  are  goinir  to  open  a  new  office  for 
bim,  compared  to  which  his  present  office  is  nothing  in  point  of 
labor  or  expense.  It  is  a  matter  that  will  occupy  the  whole  of 
his  time,  and  will  require  the  services  of  a  great  number  of  indi- 
viduals all  over  the  United  Stales.  And  when  their  communica- 
tions are  received,  how  are  they  to  be  verified?  Are  you  going  to  ^ 
have  a  man  appointed  at  every  place  where  labor  is  performed, 
where  produce  is  sold,  to  collect  this  information?  What  will  be 
the  expense  attending  such  a  proceeding,  and  when  the  matter  has 
all  been  collected,  what  will  it  cost  to  print  it  ?  The  collection 
and  the  printing  will  amount  to  more  than  the  expenses  of  the 
two  Houses  of  Congress,  and  after  all,  what  will  be  its  practical 
utility  ?  People  are  guided  in  their  business  transactions  by  the 
prioces  current  of  the  day,  and  not  by  prices  as  they  have  been 
in  years  past.  It  will  require  at  least  two  or  three  years  to  col- 
lect and  publish  the  information  here  proposed,  and  when  publish- 
ed it  will  be  of  no  value  whatever.  I  can  see  nothing  in  the  pro- 
position but  an  undertaking  th;it  will  be  attended  with  boundless 
expense,  the  result  of  which  when  accomplished,  will  be  of  no  more 
value  than  the  contents  of  last3'ear's  almanac. 

Mr.  UNDERWOOD. — I  regret  very  much  to  have  introduced 
a  proposition  which  excites  the  opposition  of  the  gentleman  so 
experienced  as  the  Senator  from  Missouri.  If  I  had  en- 
tertained the  least  idea  that  the  consequences  likely  to  re- 
sult from  this  proposition  would  be  such  as  the  honorable 
Senator  has  indicated,  I  should  never  have  introduced  it.  If  I 
had  thought  that  the  resolution  was  susceptible  of  being  construed 
according  to  the  interpretation  put  upon  it  by  the  Senator  from 
Missouri,  I  would  never  have  introduced  it.  But  I  have  taken  the 
precaution  to  converse  with  the  Commissioner  of  Patents  in  regard 
to  the  expense  that  will  attend  this  matter,  for  I  anticipated  that 
some  objections  might  be  made  on  the  score  of  expense,  and  I  was 
inforraeii  that  there  would  be  no  additional  expense.  If  the  Sena- 
tor from  Missouri  will  examine  the  resolution,  he  will  find  that 
the  whole  agency  to  be  employed  in  procuring  this  information  is 
the  Post  Office  Department.  And  he  will  find  further,  that  all 
that  will  be  necessary  for  the  Commissioner  of  Patents  to  do, 
will  be  to  address  a  circular  stating  the  information  required 
to  the  various  postmasters  throughout  the  country,  and  when 
the  matter  is  returned,  compile  it  for  publication.  It  is  not 
intended,  as  the  Senator  from  Missouri  seems  to  suppose,  that 
in  collecting  these  statistics  we  shall  go  into  any  very  great 
minutiae.  1  do  not  contemplate  any  thing  of  the  kind.  But 
if  the  gentleinan  is  apprehensive,  that  the  resolution  will  be  too 
searching,  that  it  will  be  needlessly  minute  in  regard  to  agricultu- 
ral stalistics,  I  am  willing  to  insert  only  the  leading  articles,  the 
staples  of  the  country,  leaving  out  all  minor  productions.  But, 
says  the  gentleman,  after  all  the  information  is  obtained,  it  will  be 
of  no  more  use  than  a  last  year'.s  almanac.  In  that  I  differ  with 
him.  I  had  designed,  in  framing  and  offering  this  resolution,  to 
obtain  information,  which,  if  it  can  bo  obtained,  will  be  of  para- 
inount  utility  to  this  country.  I  have  heretofore  felt  the  necessity 
for  such  information,  and  1  will  give  an  example  which  will  illus- 
trate the  whole  subject.  How  is  your  army  supplied  ?  How  is 
your  navy  supplied  ?  Where  does  the  food,  clothing,  and  other  ar- 
ticles eostin<T  vou  some  hundreds  of  thousands  of  dollars  annu. 
ally,  come  frfim?  You  obtain  them  by  contract,  and  I  recollect 
some  ten  or  fifteen  years  ago,  looking  into  the  accounis  for  the 
supplies  furnished  the  army,  I  saw  in  one  instance  that  a  con" 
tractor  employed  to  furnish  oats,  had  given  double  and  treble  the 
price  for  which  they  could  be  procured.  Now  had  there  been  pub- 
lished information  such  as  it  is  here  proposed  to  be  published,  you 
would  have  had  a  guide  in  regard  to  the  prices  which  ought  to  be 
paid,  and  the  Department  would  not  have  been  liable  to  be  imposed 
upon.  There  is,  it  appears  to  me  a  utility,  in  a  work  of  this  kind  which 
cannot  be  denied.  Suppose  you  have  but  one  report  from  each 
State  in  the  Union,  or  at  least  the  various  reports  he  reduced  into 
the  compass  of  one  article,  and  you  will  have  but  about  thirty  co- 
lums  of  mvitter  of  an  ordinary  size  newspaper.  The  gentleman's 
oiijection  in  regard  to  the  expense  of  priming  may  be  entirely 
removed.  It  cannot  cost  a  thousand  dollars,  and  will  any  one 
say,   that  the  iuforraation  will    not  be  worth  that  much,  even 


696 


THE  OREGON  BILL. 


[Saturday, 


if  it  have  no  otlier  utility  than  that  uhich  I  have  pointed  out — of 
furnishing  something  like  a  check  upon  extravagant  expenditure 
in  the  contracting  department  of  the  government.  Tliis 
is  the  inducement  with  rao  in  offering  the  resolution,  and  I  regret 
very  much  that  it  has  excited  the  opposition  of  so  distinsuished  a 
gentleman  as  the  Senator  from  Missouri.  That  the  proposition 
should  meet  with  io  strong  an  opposition  from  a  gentleman  of  so 
much  practical  knowledge  and  one  who  has  occupied  a  place  so 
long  upon  this  floor  I  exceedmgly  regret.  If  I  could  discover  the 
evil  which  he  apprehends  I  would  most  assuredly  withdraw  (he 
resolution.  But  believing  that  it  would  be  useful,  and  that  it 
would  cost  little  or  nothing,  I  hope  the  Senate  will  give  it  a  fa- 
vorable consideration. 

Mr.  BENTON.— If  the  honorable  Senator  feels  so  much  regret 
that  his  proposition  has  met  with  opposition  from  rae,  in  order  to 
get  rid  of  that  opposiliun  it  would  be  very  easy  for  him  to  with- 
draw his  resolution.  But  he  does  not  withdraw  it.  The  Senator 
says  he  has  no  idea  that  a  work  of  this  kind  will  be  attended  with 
the  expense  I  have  supposed.  Does  the  Senator  remember  when 
the  Patent  Office  was  charged  a  few  years  ago  with  the  collection 
of  agricultural  statistics,  they  produced  a  work  of  about  fourteen 
hundred  pages,  the  printing  of  which  amounted  to  some  ninety 
thousand  dollars  ?  Did  any  body  suppose  when  the  thing  was  or- 
dered that  the  expense  was  to  be  so  great  ?  No,  sir.  But  that 
book  of  14,00  pages  is  nothing  compared  to  what  would  be  pro- 
duced under  this  resolution.  To  carry  out  the  oliject  proposed, 
the  information  must  be  minute  and  universal,  and  when  the  fif- 
teen or  twenty  thousand  Postmasters  now  in  the  United  States 
have  burthened  the  mails  with  answers  to  these  interrogatories,  in 
a  way  in  which  every  one  will  do  for  himself,  you  will  have  a  mass 
of  documents  which  you  have  never  dreamed  of.  How  many 
clerks  would  it  be  necessary  to  employ  to  digest  all  this  matter 
under  the  proper  heads  ?  And  when  it  is  all  prepared  and  di- 
gested, you  have  only  gone  through  the  preliminary  steps.  Then 
comes  the  priming  of  your  hundred  thousand  volumes,  and  that  is 
not  all.  They  must  be  distributed.  This  is  an  immense  labor, 
and  when  distributed,  then  comes  the  great  point  of  what  earthly 
use  would  it  be.  The  gentleman  says  that  some  oats  were 
bought  for  the  government  on  one  occasionat  double  price.  Does 
it  require  any  such  book  as  this  to  detect  a  transaction  of  that 
kind  ?  Did  the  gentleman  find  it  out  by  any  such  book  ?  Is  there 
a  human  being  who,  for  practical  purposes,  would  look  into  it  ?  No, 
sir.  For  practical  purposes  every  one  will  look  at  the  prices  cur- 
rent at  the  preseot  time,  and  not  at  those  paid  at  some  former  pe- 
riod. There  is  no  knowledge  of  past  prices  thatjcan  alter  the 
present  prices  in  the  market.  Will  it  show  gentlemen  in  the  cot- 
ton growing  region  what  they  may  expect  to  receive  for  their  cot- 
ton? The  recollection  of  prices  would  be  of  no  avail,  in  fact  every 
body  will  recollect  what  they  have  heretofore  received,  without 
the  assistance  of  such  a  book.  The  utility  of  it  then  dwindle's 
down  to  the  subsistence  department  of  the  government,  in  ease 
they  should  want  to  buy  more  oats.  Gen.  Gibson,  and  Gen.  Jes- 
sup  are,  I  apprehend,  better  acquainted  with  the  prices  of  the  va- 
rious articles  necessary  to  be  purchased  for  their  \arious  depart- 
ments than  to  allow  the  government  to  be  imposed  upon.  I  saw 
once  a  communication  to  Congress  concerning  an  enormous  price 
that  had  been  given  on  the  frontier  of  Missouri  for  coal.  It  ap- 
peared to  have  cost  the  government  513  a  bushel,  it  was  so  car- 
ried out  in  the  account  stated,  and  the  enormity  of  the  abuse  cre- 
ated a  great  deal  of  excitement,  but  when  the  original  account 
came  to  be  examined,  it  turned  out  to  be  1.3  cents.  I  hope  the 
gentleman  will  reconsider  the  matter  and  withdraw  his  resolution, 
but  if  it  is  persisted  m,  I  want  further  time  to  pursue  the  matter, 
and  to  convince  the  gentleman,  as  well  as  the  Senate,  that  the  re- 
publication of  old  prices  current  can  be  of  no  value  to  any  body. 

Mr.  UNDERWOOD. — I  was  sincere  in  the  regret  which  I  ex- 
pressed at  meeting  the  opposition  of  the  distinguished  Senator, 
but  when  I  express  regret  of  that  kind,  however  sincere,  I  am  go- 
verned nevertheless  by  my  judgment,  and  by  the  reasoning  of  gen- 
tlemen here.  And  when  the  Senator  from  Missouri  addresses 
himself  to  that  judgment,  he  must  do  it  in  a  dillerent  style  from 
that  of  sarcasm  and  ridicule.  I  expressly  told  the  gentleman  that 
the  case  to  which  I  referred  regarding  the  purchase  of  oats,  was 
merely  an  individual  case  in  illustration  of  the  whole  subject. 
There  is  a  great  deal  of  labor  employed  by  the  government  in  the 
building  of  IbrlificJitions,  vessels,  &.C.,  in  addition  to  the  public 
money  that  is  pa^l  out  for  the  subsistence  and  clothing  of  the  army 
and  navy,  and  for  all  these  branches  of  the  service  you  will  find 
tables  such  as  are  here  projiosed  extremely  useful.  I  have  as  much 
confidences  in  the  heads  of  the  departments  of  subsistence  and 
clothing  as  the  Senator  from  Missouri.  1  have  the  utmost  confi- 
dence in  their  judgment,  skill,  and  fidelity,  as  officers  of  the  go- 
vernment, but,  notwithstanding  that  I  have  such  confidence,  docs 
it  follow  that  this  information  will  be  of  no  value?  But  you  have 
set  an  example  for  this  thing — you  set  it  every  ten  years.  Look 
at  your  last  census.  Look  at  the  columns  you  have  devoted  to  in- 
formation of  this  very  character,  and  where  is  the  diflcrenee  be- 
tween my  proposition  and  the  moans  taken  by  you  to  obtain  simi- 
lar information,  which  you  have  obtained  and  paid  for.  There  is 
this  diflerenec  :  I  propose  to  obtain  it  annually,  and  in  such  a  way 
as  that  it  will  cost  nothing  to  obtain  it.  If  it  should  be  afterward 
deemed  unadvisablo  to  incur  the  .small  expense  that  will  bo  neces- 
sary for  printing  it,  will  not  the  gentleman  have  it  in  his  own  power 
to  dispose  of  that  question  ?     Arc  you  not  willing  to  put  it  in  the 


power  of  Congress  to  say  whether  such  a  document  shall  be  print- 
ed or  not  ?  It  appears  to  me  there  can  be  no  such  danger  of  run- 
ning into  excessive  expense,  as  the  Senator  from  Missouri  seems 
to  apprehend.  I  have  already  informed  him  that  I  have  no  desire 
to  go  into  minutiae.  I  only  wish  to  reach  the  great  manufacturing 
and  agricultural  statistics,  a  work  in  which  you  have  set  rae  the 
example  every  ten  years;  and  I  desire  they  should  be  collected  more 
frequently.  I  have  made  these  remarks  without  being  more  anx- 
ious perhaps  than  many  other  Senators  that  the  resolution  should 
be  passed.  I  do  not  intend  to  consume  any  more  time  upon  the 
subject  at  present.  If  the  .Senate  is  not  ready  to  act,  I  have  no 
objection  that  it  shall  lie  over  until  some  future  occasion. 

Mr.  BRIGHT  moved  that  the  further  consideration  of  the  reso- 
lution be  postponed  until  to-morrow. 

The  motion  was  agreed  to. 

HOUSE  BILLS  REFERHEE. 

The  bill  from  the  House  of  Representatives  for  the  relief  of 
Emanuel  Berri  and  John  M.  Keese,  was  read  the  first  and  second 
times,  by  unanimous_^consent,  and  referred  to  the  Committee  on 
Commerce. 

The  bills  from  the  House  of  Representatives  for  the  relief  of 
John  Ozias;  and  authorizing  the  Secretary  of  War  to  issue  a  dupli- 
cate of  land  warrant  number  1469,  which  originally  issued  in  favor 
of  Adam  Hart,  February  3d,  1829;  were  severally  read  the  first 
and  second  times,  by  unanimous  consent,  and  referred  to  the  Com- 
mittee on  Public  Lands. 

The  bills  from  the  House  of  Representatives  for  the  relief  of  H. 
D.  Johnson;  for  the  relief  of  the  legal  representatives  of  Robert 
Fulton,  deceased;  and  fur  the  relief  of  Thomas  B.  Graham,  were 
severally  read  the  first  and  second  times,  by  unanimous  consent, 
and  referred  to  the  Committee  of  Claims. 

The  bill  from  the  House  of  Representatives  for  the  relief  of 
William  Fuller  and  Orlando  Saltmarsh,  was  read  the  first  and 
second  times,  by  unanimous  consent  and  referred  to  the  Commit- 
tee on  the  Post  Office  and  Post  Roads. 

The  bills  from  the  House  of  Representatives  for  the  relief  of 
Anna  Griffin,  of  the  county  of  Wyoming,  State  of  New  York  ;  for 
the  relief  of  William  Butler;  for  the  relief  of  Arlemas  Conant; 
granting  a  pension  to  Ruth  Hallenback;  for  the  relief  of  Jesse 
Washington  Jackson;  for  the  relief  of  James  Fugate;  for  the  relief 
of  Samuel  Gray;  for  the  relief  of  Lizin  B.  Canfield;  for  the  relief 
of  John  Hibbert;  for  the  relief  of  Daniel  H.  Warren;  for  the  relief 
of  Nathaniel  Shiflet;  for  the  relief  of  Lewis  Hastings;  and  for  the 
relief  of  Skelton  Felton,  were  severally  read  the  first  and  second 
times,  by  unanimous  consent,  and  referred  to  the  Committee  on 
Pensions. 

ADULTERATED  DRUGS. 

The  bill  from  the  House  of  Representatives  prohibiting  the  im- 
portation of  adulterated,  deteriorated,  and  misnamed  medicines, 
was  read  the  first  and  second  times,  by  unanimous  consent,  and 
considered  as  in  Committee  of  the  Whole  ;  and 

On  motion  by  Mr.  DIX,  it  was 

Ordered,  That  it  lie  on  the  table. 

PRIVATE  BILL  AND  RESOLUTION. 

The  Senate  proceeded  to  consider  the  amendment  of  the  House 
of  Representatives  to  the  bill  for  the  relief  of  William  B.  Slaugh- 
ter, late  Secretary  of  the  Territory  of  Wisconsin;  and  it  was 

Ordered,  That  it  be  referred  to  tho  Committee  on  Territories. 

The  Senate  proceeded  to  consider  the  amendment  of  the  House 
of  Representatives  to  the  joint  resolution  for  the  relief  of  David 
Show  and  Solomon  T.  Corser;  aad  it  was 

Ordered,  That  it  be  referred  to  the  Committee  on  the  Post  Of- 
fice and  Post  Roads. 

THE  OREGON  BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  the  bill  to  establish  the  territorial  government  of 
Oregon. 

BIr.  FOOTE. — I  hope  the  Senator  from  Georgia  will  consent 
that  this  provision  shall  be  further  amended  in  order  to  make  it  as 
perfect  as  possible.  1  move  to  insert  after  the  word  "inhabitants" 
tho  l'ollowing»words : 

"  So  far  .15  tliey  nmy  hecompatlMt-  with  llic  constitution." 

I  will  add  a  short  explanation,  although  I  do  not  know  that  any 
is  necessary.  I  understand  that  an  objection,  and  a  very  serious 
one,  is  made,  that  notwithstanding  the  amendnu'nt  that  has  al- 
ready been  made  in  this  section  of  the  bill,  yet  if  the  prceeeding 
part  of  the  section  be  retained  without  any  modification,  the  same 
evil  will  still  exist.  I  do  not  eoiuMir  in  that  opinion,  nor  do  I  con- 
cur in  the  opinion  that  any  amendment  in  anv  port  is  necessary; 
but  with  a  view  of  cutting  off  all  argument  and  objection,  I  have 
moved  this  amendment 

Mr.  BRIGHT. — As  fur  as  I  am  authorized  to  speak,  as  one  of 
the  members  of  the  eommittee,  I  will  say  that  there  is  no  objection 
to  this  amendment  being  inserted. 


June  3.] 


THE  OREGON  BILL. 


697 


Mr.  WESTCOTT.— I  am  notcertain  that  I  correctly  understand 
to  what   the  amendment  is  intended  to  apply.     Il'  it  applies  fo  the 
ordinance   of  1787,  it  is  one  thing,  and  if  it  applies  to  the  "  provis- 
visional"  jjovernment  of  Oregon  it  is  a  very  diflerent  thing.     Per- 
haps it  is  intended  to  refer  to  the  laws  of  Iowa  and  Wisconsin,  or 
the  legislation  of  the   future   legislature  of  Oregon.     I  hope  the 
Senator  will  inform   tis   specifically    as  to    which  it  is  intended  to 
apply,  and  its  etfeet  and  object.     Whatever  may  ho  the  object,  in 
my  opinion,  it  does  not  change  the  efTeet  of  this  ]2lh  section  in  the 
least.     I  learn,  it  is  supposed  this  amendment   will  leave  the  ques- 
tion about  slavery  to  the  decision  of  the  judiciary — to  the  .Supremo 
Court  of  the  United  States.     How,  I  ask  ?     In  what  mode  will  it 
be  brought  up  to  the    Supreme    Court?     Under   what   law?     By 
what  process  ?     In  which  cases,  civil  or  criminal?     What  power 
have  the  Supreme  Court  to  decide  as  to  the  operation  of  the  ordi- 
nance of  17S7.  or  the  laws  of  Iowa  and  Wisconsin,  or  the  laws  of 
the  "  provisional"  government  of  Oregon.     The  case  of  Sooltvs. 
Jones,    15   Peters,    shows    that  under  the    present   acts   of   Con- 
gress, that  court  has  no  jurisdiction.     In    Michigan  some  years 
ago,  while   there  was  a   territorial  government  there,  the  people 
held  a  convention  and  formed  a  State  constitution,  wiiliout  un  act 
of  Congress  authorizing  such  proceeding.     Their  legislature  under 
that  State  constitution,  passed  a  lawjihe  constitutionality  of  that 
law  was  contested;  and  in  order  to  have  a  decision,  the  ca.>-o  was 
brought  up  to   the  Supreme   Court.     Justice  Woodbury  delivered 
the   opinion  of  the  court,  deciding  that  the  federal  judiciary  had 
no  cognizance  of  the  case.     So  it  lias  been  the  decision  in  relation 
to    ibe    ordinance   of  1787.     On    this    point  I    refer    to  5  Peters' 
reports   505.     The   law    to  give    the    Supremo    Court  jurisdic- 
■  tion,   under  the    25th   section    of  the  judiciary   act,  must  be  an 
act  of  a  State  legislature.     None  of  the  othur  laws  of  Congress 
conferring  the  appellate   jurisdiction  of  the  Supreme  Court  under 
the  constitution,  have  any  more  applicability  to  cases  that  will  arise 
under  this  act  of  Congress,  than  the  25th  section  of  the  judiciary  act. 
Of  what  use,  then,  is  this   amendment  ?     We    are    told    that  the 
laws  of  Iowa  and  the    ordinance,   and    the   laws   of  Oregon,  are 
only  to  apply  according  to  the    principles  of  the   constitution  and 
the  laws  of  the   United   States — and   we   are   left  without  any 
remedy,  except  from   the   inferior    tril  unals  which  you  create  by 
this  act  of  Congress — without   any  remedy   whatever  to  enforce 
righis,  which  it  is  said  the  constitution  and  acts  of  Congress  guac- 
anlee  to  every  citizen.     Besides,   I  wish  to  be  satisfied  what  par- 
ticular clause  of  the  federal   constitution  applies  to  ihe  eases  now 
presented.     I  hope   it   will  bo   cited.     In   my  humble  opinion,  the 
constitution  of  the  United  Slates  does  not  contain  any  express  pro- 
vision on  the  subject.     It  contains  no   clause  but  that   in  the  4lh 
article,   referring  to  territories.     The   decision  of  the   Supremo 
Conn  of  the  Uniied  States  in  the  case  in  1st  Peters,  547,  maintains 
the   true  ground   as   to   the   territories.     Why,   sir,    the   refer- 
ence, it  seems  to  mo,  might  as  well  be  to  Magna  Charia,  or  the 
consiitution  of  France,  or   the  constitution  of  the  State  of  Massa- 
chusetts, or  of  Mississippi,  as   to  the  constitution    of  the  United 
States  and  acts  of  Congress.     I  object  to  this  amendment,  and  to 
that  offered  on  yesterday  by  the  Senator  from  Te.xas,  [Mr.  Hous-, 
TON.]     First,  because  the  loderal  consiitution  contains  no  provision 
that  can   operate  on  the  ordinance  of  17S7,  or  on  the  laws  of  Iowa 
or  Wisconsin,  or  the  laws   of  the  "provisional"  government,  or 
their  sanction  by  this  bill,  or  on  tho  laws  of  the   future  territorial 
legislature  of  Oregon.     If  I  am  wrong,  I  hope  the  clause  will  be 
cited.     The  right  to  take  slaves  to  Oregon  from  the  slave  States 
rests  on  the  fact  that  there  is  nothing  in  the  constitution  prohibit- 
ing it.     In  the  second  place,  if  there  tie  such  provision,  it  does  not 
require  an  act  of  Congress  to  make  it  operative.  I  have  been  taught 
to  believe  the  constitution  is  the  paramount  law,  and  if  it  applies, 
does  not  need  an  act  of  Congress  to  sanction   and  adopt  it.     And 
in  the  third  place,  this  amendment  is  delusive  anddecepiive,  (I  do 
not   use  the  word  oflensively,)  without  aflbrding  any  shield  or  se- 
curity for  the  reasons   just  stated;  and  even  if  I  err  on  this  point, 
in  not  affording  any  judicial  remedy — not  prescribing  tho  mode  and 
means  of  resort  to  the  judiciary.     If  the  effect  is  any  thing,  it  is 
that  the  amendment  recognizes  a  naked  right,  without  giving  any 
remedy.     It  is  perfectly  ineflTicacious.     It  does  not  change  the  ef- 
fect ol  the  bill  in  any  shape  or  manner  whatever.     I  shall  not  vote 
for   the   amendment,   therefore,  because  1   think   it  utterly  inope- 
rative. 

Mr.  FOOTE  — I  do  not  perceive  now,  nor  did  I  at  first,  the 
imperions  necessity  for  the  argument  of  the  Senator  from  Florida. 
It  is  very  easy  to  show  that  the  decision  of  the  Supreme  Court,  to 
which  he  has  referred,  has  nothing  to  do  with  the  question  now 
under  consideration.  But  as  it  desirable  that  this  bill  should  bo 
passed  with  as  little  delay  as  possible,  I  shall  throw  no  obstacle 
in  the  way  by  interposing' any  lengthened  remarks  after  the  lucid 
argum»nts  of  the  Senator  from  Florida,  not  one  word  of  which 
■was  pertinent  to  the  question.  He  said  he  considered  this  amend- 
ment as  amouming  to  precisely  the  same  thing  as  that  offered  by 
the  Senator  from  Texas  yesterday.  That  is  true.  I  intended  to 
make  it  so  in  substance.  The  Senator  from  Florida  is  not  now  to 
be  informed  for  the  first  time,  that  there  are  gentlemen  who  con- 
tend that  every  citizen  of  the  United  States  has  a  right  to  go  into 
.  each  one  of  the  territories,  and  demand  the  recognition  there  of 
such  property  as  he  possesses.  Well,  if  these  gentlemen  be  riTlit, 
it  must  be  obvious  to  all  that  my  amendment  "is  very  materiaF,  ir'i 
order  to  make  the  bill  conform  to  the  constitution,  and  to  shut  out 
•11  objection. 

Mr.  UNDERWOOD.— We  have  a  bill   before  us  proposing 
30th  Cong.— 1st  Session— No.  88. 


to  establish  a  territorial  government  in  Oregon,  and  to  extend  ti» 
laws  and  jurisdiction  of  the  United  States  over  that  territory- 
We  propose  to  appoint  a  governor  and  judges,  and  other  officers 
to  administer  the  system  of  jurisprudence  that  is  now  about  to  bo 
introduced  for  the  first  time  in  the  territory  of  Oregon.  And  when 
this  bill  takes  effect  ;  when  the  governor  and  those  judges  are  thus 
invested  with  authority  in  Oregon,  the  principles  of  the  constitu- 
tion of  the  United  States  will  be  obligatory  upon  them;  and  if  you 
insert  a  clanse  in  this  bill  declaring  that  they  shall  be  cbligatory, 
it  amounts  to  nothing,  because  they  are  so  necessarily  ;  for,  after 
the  orgftnizaiion  of  the  territory,  and  tho  appointment  of  this  go- 
vernor and  these  judges,  the  constitution  of  the  United  States  be- 
comes the  supreme  law  of  the  land  ;  ami  every  right  to  which  cit- 
izens of  the  United  States  are  entitled  under  it,  the  eiiizens  of 
that  territory  will  be  entitled  to  by  virtue  of  its  existence  there  as 
the  supreme  law.  I  am.  therefore,  opposed  to  saying  any  thing 
in  this  bill,  by  way  of  giving  legislative  efi'ect  to  the  constitution 
and  ItLWS  of  the  United  States  in  that  territory.  When  the  gentle- 
man from  Connecticut,  and  the  gentleman  from  New  Hampshire 
addressed  the  Senate  yesterday,  I  endeavored  to  get  the  floor,  for 
I  wanted  to  say  something  in  reply  to  what  had  been  said  by  both 
gentlemen.  And  I  intemi  now  briefly  to  notice  some  of  the  posi- 
tions taken  by  them,  which,  I  think,  as  a  southern  man  I  ought  to 
notice.  The  Senator  from  Connecticut,  in  the  course  of  his  re- 
marks expressed  the  opinion,  that  the  South,  in  consequence  of  its 
being  a  slaveholding  country,  was  more  united  than  other  sections, 
and  that,  in  consequence  of  that  union  growing  out  of  the  inslitu- 
tion  of  slavery,  wo  possessed  an  undue  poliiical  influence,  and 
had  been  managing  all  the  afl'airs  of  the  government  favorably  for 
southern  interests,  and  in  opposition  to  the  North.  I  want  to  in- 
vestigate this  position  and  see  upon  what  foundation  it  rests.  It 
dies  seem  to  me  that  the  Senator  from  Connecticut  was  mistakca 
when  he  supposed  that  the  people  of  the  South  were  politically  uni- 
ted more  than  the  people  of  the  North.  Why  look  at  tht  past.  You 
see  Tennessee  and  Kentucky,  adjoining  States,  occasionally  dif- 
fering in  political  sentiments,  and  giving  different  votes  ir.  refer- 
ence to  the  Presidential  election,  and  if  you  look  at  the  whole 
southern  portion  of  the  United  States  you  will  find,  not  in  one,  but 
in  many  instances,  the  different  States  taking  different  courses  in 
regard  to  their  political  conduct,  precisely  as  at  the  North.  And 
I  think  that  when  the  opinion  is  advanced,  that  in  conseqenee  of 
the  existence  of  the  institution  of  slavery  we  are  more  consolida- 
ted and  united,  and  have  an  undue  influence  in  wielding  tho  affairs 
of  this  government,  it  is  a  mistake.  But  assuming  for  argument 
sake  that  it  is  the  case,  though  I  utterly  deny  it,  what  is  the  rem- 
edy that  the  people  of  the  North  propose  for  this  evil  as  they  con- 
ceive, in  consequence  of  which  we  are  regarded  as  possessing  more 
political  weight  and  power  in  this  Union  than  wo  ought  to  have  ? 
The  remedy  is  to  attack  this  institution  which  exists  among  us  ; 
and  you  see  the  assault  made  on  all  occasions  when  it  can  be 
brought  about.  Against  this  course  I  protest  and  complain.  How 
is  it  here  ?  Is  this  discussion  in  which  wc  have  been  engaged  for 
two  or  three  days  of  any  practical  moment  ?  It  is  admitted  on 
all  hands  that  it  is  not.  It  is  conceded  by  every  one  that  this  in- 
stitution will  not  exist  in  Oregon.  Well,  sir,  with  this  confession 
why  is  it,  that  when  a  bill  of  this  sort  is  before  the  Senate  wa 
cannot  proceed  with  it  without  introducing  such  remarks  as  W9 
have  heard  from  tho  Senator  from  Connecticut,  and  the  Senator 
from  New  Hampshire?  I  admit,  that  looking  to  the  great  acces- 
sion of  territory  which  we  shall  obtain  if  the  treaty  with  Mexico 
be  ratified,  lying  south  of  SH'^  30',  territory  which  wo  did  not  own 
at  the  time  the  Biissouri  compromise  was  formed,  what  we  do 
now  may  become  a  matter  of  some  consequence  ;  and  I  do  not 
know  but  the  movement  that  is  now  made  may  have  in  view  ulte- 
rior matters  that  may  hereafter  eoine  before  Congress  to  be  set- 
tled. And  I  think,  that  in  the  movement  and  the  speeches  I 
have  referred  to,  I  can  see  a  disposition  on  the  part  of  Sena- 
tors from  the  Northern  portion  of  the  United  States  to  restrict 
in  every  possible  way  every  thing  like  the  extension  of  the 
institution  of  slavery  over  any  portion  of  our  acquired  territory, 
as  well  as  ol'  that  which  we  now  possess.  It  was  remarked  by  one 
of  the  gentlemen,  that  in  this  nineteenth  century,  when  the 
principles  of  liberty  seemed  to  be  bursting  forth  in  every  part 
of  tho  world,  and  shackled  humanity  about  to  throw  off  its 
chains,  il  becomes  us  to  arrest  the  progress  and  extension  of 
slavery.  But  the  Senator  who  made  the  remark  ought  to  have  re- 
membered, that  the  great  principle  of  self-government,  which,  1 
hope,  may  be  extended  to  every  part  of  the  world,  the  great  prin- 
ciple of  popular  right  arises  from  the  capacity  of  mankind  to  gov- 
ern  themselves.  It  is  not  a  thing  to  be  enforced  upon  them.  What 
is  the  course  tho  North  is  taking?  In  no  offensive  sense  I  must 
be  permitted  to  say,  that  it  really  seems  to  me  to  be  a  little  Phari- 
saical— blessing  themselves  that  they  arc  better  than  their  neigh- 
bors, and  saying,  you  shall  not  have  such  institutions  as  you  please, 
but  shall  take  such  as  we  prescribe  for  you.  Is  this  the  ffieat  de- 
mocratic principle  of  the  age  ?  Is  this  the  principle  of  self  govern- 
ment ?  No,  sir  ;  it  is  tiie  principle  of  monarchy — it  is  the  princi- 
ple of  despotism.  With  the  view  of  preventing,  as  you  say,  the 
extension  of  slavery,  you  assert  a  principle  by  which  you  prescribe 
to  other  people  the  rules  by  which  they  shall  be  governed.  I  ask 
you  if  it  be  not  arrogant  assumption  on  your  part  to  prescribe  in- 
stitutions lor  other  people,  while  you  deny  tho  right  of  others  to 
intermeddle  with  your  own  ? 

Now,  what  do  we,  who  advocate  the  striking  out  of  the  12th 
section,  contend  for  ?  We  simply  say,  leave  the  matter  to  the 
people  of  Oregon.     They  have  already  declared  that  slavery  shall 


698 


THE  pREGON  BILL. 


[SATURDAy, 


not  exist  among  tbem.  But  when  they  did  so  this  government  had 
given  the  people  of  Oregon  no  authority  to  legislate  ;  and  uonse- 
qucntlv  their  anti-slavery  declaration  was  an  unauthorized  act.  By 
the  bill  before  us,  for  the  first  time  we  concede  to  them  the  right 
to  make  laws,  such  as  their  circumstances  and  interests  may  re. 
quire.  In  domg  this,  all  that  I  ask  is,  that  we  may  not  prescribe 
the  social  institutions  they  shall  adopt.  Leave  ihem  free  to  aet  and 
it  is  to  bo  presumed  tliat  as  they  have  acted  heretofore,  so  will  they 
act  again.  By  taking  this  course  you  will  avoid  that  arrogant 
presumption,  which,  it  seems  to  me,  attaches  to  any  people  who 
undertake  to  prescribe  for  others  a  system  of  laws  which  arc  not 
to  operate  upon  themselves.  This  is  just  the  position  which  the 
people  of  the  South  occupy.  They  say  to  the  people  of  the  North, 
do  not  undertake  to  prescribe  a  system  of  laws  which  cannot  ope- 
rate upon  you,  hut  wliich  operates  upon  us.  Leave  us  free  to  adopt 
our  own  system,  and  when  you  do  tluil,  you  are  acting  on  the  prin- 
ciple of  self-gnvernment.  But  just  as  soon  as  you  interpo.se,  and 
say  that  we  shall  adopt  this  particular  system,  to  that  ex- 
tent we  become  subject  to  your  power  contrary  to  our  own 
volition  and  judgment,  and  to  that  extent  we  are  manacled 
and  made  your  slaves.  Do  you  not  treat  the  people  of  Ore- 
gon in  this  way  when  you  say  they  shall  not  have  slavery  if  it 
ho  their  desire  ?  Docs  it  not  involve  you  in  tliat  arbitrary  and  do- 
mineering doctrine  I  have  adverted  to  ?  You  undertake  to  say  you 
will  not  leave  them  free  ;  you  undertake  to  say  you  will  prescribe 
for  them  a  rule — one  which,  as  I  have  already  said,  however,  can 
have  no  practical  ellect.  But  you  undertake  this  on  the  ground 
that  you  have  a  right  to  it,  because  it  is  territory  which  belongs  to 
the  United  States.  And  at  the  same  time  you  have  declared  in  this 
very  bill  that  the  people  of  that  territory  shall  legislate  for  them- 
selves— that  they  shall  modify,  repeal,  and  change  the  laws  they 
havo  adopted.  You  have  conceded  to  them  all  legislative  power, 
and  when  vou  have  done  that  where  is  the  propriety  of  prescribing 
how  it  shall  be  exercised  ?  All  you  have  to  do  is,  to  extend  vour 
constitution  and  laws  over  them,  and  that  constitution  and  those 
)aws  will  be  enforced  by  the  judiciary. 

Since  the  3st  day  of  January,  1808,  according  to  the  constitution 
and  aet  of  Congress  approved  on  the  2d  March,  1807,  the  people  of 
the  United  States  have  been  prohibited  from  introducing  any 
slaves  into  the  country  from  abroad.  Well,  if  you  cannot  brin"- 
in  slaves  from  abroad,  does  it  increase  slavery  to  permit  those 
which  you  have  to  scatter  themselves  over  more  States  than  one  ? 
You  may  say  that  they  will  propagate  faster  if  you  send  them  to 
other  Stales,  than  if  you  confine  them  to  one.  Is  that  your  hu- 
manity ?  Is  that  the  abolition  humanity  of  the  Senator  from  Now 
Hampshire  ?  Would  he  pen  them  up  and  keep  them  within  cir- 
cumscribed limits,  because,  by  extending  into  new  territorv  they 
•would  increase  more  rapidly  >  Sir,  I  hope  that  arguments  such  as 
these  will  never  be  advanced  here. 

In  my  opinion,  all  nations  have  the  right  to  change  or  modify  their 
fundamental  laws  of  government.  The  Declarai;ion  of  Independ- 
ence upon    which  the  abolitionist   harps   from  morning  to  ni"ht 

of  the  equality  and  freedom  of  men  by  birth,  from  nature,  con- 
tains the  very  principle  I  am  now  adverting  to,  viz  :  that  all  peo- 
ple when  their  form  of  government  becomes  irksome  to  them 
have  a  right  to  change  or  modify  it.  You  may  prescribe  rules  to 
the  people  of  Oregon  so  long  as  they  remain  under  your  jurisdic- 
tion as  a  territory,  but  when  they  form  a  State,  and  as  such  be- 
come admitted  into  the  Union,  if  they  choose  to  alter  the  laws  you 
give  them,  they  arc  at  perfect  liberty  to  do  so.  And  if  they  choose 
to  introduce  slavery  for  the  first  time,  by  repealing  your  le"islation 
prohibiting  it,  or  to  retain  the  institution  of  slavery  where  it  pre- 
viously existed,  you  have  no  power  to  prevent  it.  If  Ohio  or  any 
other  State  subject  to  the  ordinance  of  '87  were  now  to  ohanTe  her 
constitution  and  admit  slavery,  can  this  government  in  consequence 
of  the  change,  drive  her  out  of  the  Union  ?  1  deny  the  power  to 
control  a  State  in  this  particular.  Why  then  shall  we  undertake 
to  handcuff  and  manacle  a  territory  ? 

Mr.  DAYTON. — As  the  Senator  from  Kentucky  is  so  distin- 
guished for  his  professional  reputation,  as  well  as  his  statesman- 
like views,  I  am  anxious  to  hear  a  distinct  enunciaiion  of  his  prin- 
ciples as  to  the  right  of  the  federal  government  to  exclude  slavery 
in  the  territories  under  its  jurisdiction.  Did  I  or  did  I  not  under- 
stand him  to  admit  the  existence  of  that  right  ? 

Mr.  UNDERWOOD.— I  admit  that  during  the  existence  of 
territorial  governments,  you  have  a  right  to  legislate  for  them 
within  the  limits  of  the  constitution  of  the  United  States.  It  is 
said,  however,  that  there  is  a  constitutional  prohibition  to  the  pas- 
sage of  a  law  prohibiting  slavery  in  a  territory,  hut  I  am  inclined 
to  think  there  is  none  ;  I  am  moreover  inclined  to  the  opinion  that 
slavery  cannot  exist  in  a  territory  without  the  positive  sanction  of 
law  tolerating  it.  Vlowever,  1  do  not  desire  to  iro  into  that  mat- 
ter now.  I  desire  to  sec  how  this  apparently  difficult  subject  can 
be  treated  constitutionally  so  as  to  harmonize  the  mind  of  the 
country  upon  it.  This  is  the  object  of  my  rising.  The  idea  was 
advanced  here  the  other  day  that  this  slave  power  was  a  "reat 
evil  to  the  North,  and  augmented  >he  inlluenees  of  the  South  so 
as  to  give  it  an  undue  preponderance  over  the  remaining  portions 
of  the  country.  Now,  sir,  in  a  few  words,  I  propose  to'show  you 
that  the  course  of  the  North  on  the  subject  of  slavery,  if  carried  out 
fully,  will  only  tend  to  an  augmentation  instead  of  a  dimunition  of 
this  evil  of  which  the  North,  groundlessly  as  I  think,  complains. 
What  is  the  proposition  of  remedy  from  the  North  ?  Why,  that 
wo  should  emancipate  our  slaves.     Well,  suppose  we  do  it'  will 


that  lesson  the  slave  power  as  it  is  called  ?  Under  the  constitution 
thrc*-filths  of  our  slave  population  are  estimated  in  making  up 
our  federal  number,  and  to  that  extent  we  have  political  weight 
on  account  of  our  slaves.  But  just  as  soon  as  our  slaves  are  made 
free,  then  the  whole  of  them  are  estimated  in  fixing  our  federal 
number,  and  therefore,  unless  we  confer  upon  the  emancipated 
slave  the  right  of  suffrage,  we  shall  gain  by  this  northern  remedy 
additional  political  weight  equal  to  the  two-fifihs  of  our  slaves  not 
now  estimated.  At  present  our  slave  population  gives  political 
power  as  three  to  five.  The  North  complains  of  this  as  unjust, 
and  proposes  a  remedy  which  will  increase  the  power  !  Was  there 
ever  such  infatuation  before  presented  to  a  gazing  people  !  Look 
at  your  constitution  ;  I  beir  Northern  men  to  consider  that  instru- 
ment. At  present  wc  have  a  political  influence  growing  out  of 
our  slave  population  as  three  to  five.  But  destroy  the  institu- 
tion of  slavery,  make  all  the  slaves  free,  let  them  count  in  the  ta- 
ble of  population  every  ten  years  as  free,  and  as  free  men,  have 
proportionate  consideration  in  securing  to  the  South  additional 
members  of  Congress  and  Presidential  electoral  votes,  the  free 
white  population  will  alone  be  gainers  by  this  augmenlation  of 
Southern  power.  It  docs  astonish  me  when  I  hear  gentlemen 
from  the  North  get  up  here  and  talk  about  our  political  inllnencc 
and  power,  and  suggest  a  remedy  for  the  aliedged  evil,  by  desir- 
ing us  to  set  the  slaves  free,  while  at  the  same  time  they  are 
adopting  constitutional  provisions  to  prevent  emancipated  slaves 
from  emigrating  to  the  free  States,  as  in  the  case  of  Illinois,  and 
expelling  them  by  mobs,  or  threatening  to  do  it,  when  they  do  em- 
igrate, as  was  the  case  with  the  Randolph  negroes,  thus  compell- 
ing them  to  remain  in  one  section  of  the  country.  Sir,  you  are 
confining  them  entirely  to  the  South  ;  and  is  this  your  humanity  ? 
Do  you  suppose,  sir,  that  if  this  scheme  of  the  Northern  aboli- 
tionist prevails,  that  we  are  going  to  extend  the  right  of  suffrage 
to  our  black  emancipated  population  ?  Sir,  I  believe  in  New 
York  and  many  other  of  the  i'reo  States  of  the  North,  this  subject 
has  been  extensively  discussed,  but  have  they  been  willing  to  allow 
the  negro  population  equality  of  sullrage  ?  In  South  Carolina, 
Mississippi,  and  Louisiana,  slaveholding  States  of  the  South, 
where  the  majority  of  the  inhabitan.s  are  blacks,  if  this  right  were 
e.xtended  to  them,  the  white  population  would  be  placed  under  the 
power  of  the  blacks  ;  and  in  other  slaveholding  States  they  are  so 
numerous,  that  if  entitled  to  the  right  of  sullrage,  they  might  and 
would  exercise  a  eontroling  influence  in  our  elections  when  there 
was  the  least  division  in  sentiment  among  the  white  population. 
Do  you  expect  that  we  are  going  to  extend  to  that  class,  a  privi- 
lege which  would  in  its  consequences  upturn  the  entire  state  of 
things  at  the  South,  revolutionize  our  social  order,  lead  to  perpet- 
ual struggles  and  contentions  among  castes,  and  most  probably 
bring  life  and  property  into  eminent  danger  ?  It  is  not  worth 
while  to  talk  to  us  of  matters  of  this  sort.  Our  opinion  upon  this 
([uestion  is  settled  ;  and  when  you  preach  this  doctrine  of  social 
and  political  equality,  of  giving  the  black  man  the  rightof  suffrage,  of 
enabling  him  to  control  the  government  of  niany  of  the  SouiDern 
Slates,  you  preach  a  doctrine  against  all  reason  and  common  sense, 
and  one  that  you  do  not  understand.  Look  at  Yucatan  and  Hayti, 
and  W'hat  do  you  see  now  going  on  in  both  these  countries  ?  Their 
towns  and  villages  red  with  human  gore.  A  horrid  civil  war  pre- 
vails in  both  these  countries,  originating  in  the  difference  of  race 
and  lineage  existing  with  the  beligerent  parties.  The  Indians 
cannot  harmonize  with  the  white  men.  The  negro  feels  jealousy 
and  hatred,  bitter  and  irreconcilable  towards  his  kinsman  the  mu- 
latto, and  wars  are  the  consequence.  I  make  these  remarks,  tell- 
ing you  at  the  same  time  that  among  the  people  of  my  own  State 
slavery  is  not  regarded  as  a  blessing.  I  believe  the  majority  of 
the  people  of  Kentucky  would  gladly  rid  themselves  of  the  institu- 
tion, could  it  be  done  by  separating  the  two  races.  While 
I  make  this  acknowledgment,  I  assert  that  there  is  not,  among 
the  white  population  in  Kentucky,  one  in  a  thousand  who  is  not 
opposed  to  the  abolition  doctrine  of  political  and  social  equality. 
Now,  if  the  people  of  the  North  have  any  idea  of  forcing  this  doc- 
trine upon  us,  we  can  only  say  that  extermination  is  the  prefera- 
ble alternative.  But  what  do  we  of  the  South  propose  in  relation 
to  this  matter  ?  We  say  let  the  people  of  the  territories  settle 
the  question  for  themselves;  cease  this  eternal  agitation,  and  try 
to  harmonize  upon  the  principles  of  the  constitution,  as  did  our  fa- 
thers of  old.  The  position  we  take  can  be  occupied  harmoniously 
by  every  portion  of  this  Union;  and  if  our  northern  brethren  will 
only  join  us,  we  shall  present  to  the  world  such  a  spectacle  of  na- 
tional prosperity  and  concord  as  has  never  been  witnessed  on  toa 
face  of  the  earth. 

But  the  gentleman  from  New  Hampshire  goes  a  little  farther 
He  thinks — and  if  I  am  not  mistaken  the  Senator  from  Mississippi, 
(not  now  in  Ins  seat — alluding  lo  Mr.  Foote,)  concurs  with  him 
in  opinion — that  this  question  of  slavery  is  to  influence  in  a  great 
degree,  if  it  does  not  control,  the  approaching  Presidential  elee- 
tiou.  I  understand  the  gentleman  from  New  Hampshire  to  say 
that  in  case  the  whig  convention  at  Philadelphia  nominates  a  cer- 
tain individual  for  tho  Presidency,  to  wit  :  General  Taylor,  of  Lou- 
isiana, then  the  abolition  feeling  on  the  banks  of  the  Ohio  would 
roar  like  thunder  against  the  nomination.  Upon  this  point  1  de- 
sire to  make  a  remark  or  two.  Heretofore  the  people  of  the  Uni- 
ted States  have  had  good  sense  enough  not  lo  allow  the  question 
of  slavery  to  influence  the  question  of  the  Presidential  eleclion.  Is 
this  question  now  to  bo  introduced  as  a  new  element  in  the  elec- 
tion for  President  of  ihc  I'nited  Stales  ?  Are  wc  to  be  told  that 
the  people  of  the  free  States  will  not  vote  for  a  slaveholder — that 
if  tho  convention  dare  put   in   nomination  such  a  man,  they  will 


June  3.] 


THE  OREGON  BILL. 


699 


seal  the  political  fate  of  the  whig  party,  and  consign  it  to  perdi- 
tion ?  Hitherto  we  have  acted  with  our  whig  brethren  ol"  the 
North  in  selpoling  a  candidate  for  the  Presidency  upon  the  jiUitforiu 
of  great  measures  of  national  policy.  We  have  inquired  in  rela- 
tion to  the  doctrines  of  revenue,  protection,  finance,  internal  im- 
provements, and  the  veto  power,  and  how  these  great  questions 
would  he  controlled  or  aflected  by  the  individuals  selected  for  olTicc. 
Sir,  when  great  measures  of  this  kind,  vitally  alTeeting  the  public 
interests,  are  forgotten,  and  the  subject  of  slavery  is  to  be  the  test 
of  the  fitness  of  a  candidate  for  the  Presidency;  and  the  fact  of  his 
resiilingin  the  sunny  South,  and  a  slaveholder,  is  to  array  the  vot- 
ing masses  uf  the  North  against  him — when  this  new  test  is  made 
by  the  North  we  shall  see  a  manifestation  of  southern  feelings,  if 
not  of  southern  power,  you  little  expect.  I  am  not  one  of  those, 
sir,  who  prophecy  the  dissolution  of  the  ITnion.  I  do  not  say  that 
even  this  test  applied  would  occasion  it.  But  I  am  extremely 
anxious,  in  the  administration  of  the  affairs  of  this  government,  to 
suppress  all  sectional  asperities  and  jealousies,  and  to  induce  the 
people  of  the  North  and  South  to  think  and  act  upon  this  question 
in  a  fraternal  manner,  so  that  bitterness,  mutual  hatred,  and  use- 
less agitation  may  cease.  It  is  not  in  the  nature  of  man  to  stand 
a  system  of  eternal  goading;  all  men  are  entitled  to  enjoy  peace 
and  quietness  at  their  homes  and  in  their  families  as  natural  rights. 
The  agitating  abolitionist  does  not  accomplish  any  thing  for  the 
benefit  of  the  slave.  He  does  disturb  the  peace  and  quiet  of  fam- 
ilies, by  exciting  fears  in  weak  minds,  which,  instead  of  operating 
in  favor  of  the  emancipation  of  the  slave,  only  tighten  the  chords 
which  bind  him.  In  my  own  State  the  northern  abolitionist  has 
greatly  retarded  the  work  of  emancipation  by  his  unwelcome  at- 
tempts to  intermeddle  with  our  afikirs,  and  his  arrogance  in  as- 
suming to  instruct  us  in  a  matter  exclusively  our  own.  And  be- 
cause we  do  not  act  with  the  precipitancy  he  recommends,  the 
flood-gates  of  calumny  are  hoisted,  and  we  are  deluged  with  in- 
sults and  slanders.  Now,  sir,  when  all  these  things  are  taken 
into  consideration,  in  connection  with  the  new  qualification  for 
office  which  is  threatened,  and  by  which  the  men  of  the  South  are 
to  be  victimntized  at  the  North,  it  is  high  time  for  us  to  look  around 
and  to  ascertain,  if  we  can,  what  we  ought  to  do  to  rid  ourselves 
of  annoyance,  and  to  maintain  an  equality  of  political  eligibility 
with  citizens  of  the  free  States. 

The  whigs  of  the  South  have  stood  by  the  whigs  of  the  North, 
in  advocating  and  sustaining  measures  in  which  we  of  the  South 
felt  that  our  pecuniary  inteiests  were  rather  injured  than  promo- 
ted; but  convinced  that  these  measures  were  beneficial,  regarding 
all  the  States  as  composing  but  one  great  whole,  we  did  not  hesi- 
tate for  tho  sake  of  a  common  country  and  for  the  general  welfare, 
to  take  upon  our.selves  some  seeming  disadvantages.  When  all 
this  is  forgotten,  and  a  new  prescriptive  test  is  applied  to  whigs 
of  the  South  by  those  of  the  North,  when  southern  institutions  are 
to  be  overturned,  and  southern  men  proscribed,  although  I  do  not 
threaten,  still  I  will  say,  there  is  danger  of  a  resort  to  some  revo- 
lutionary remedy  to  rid  the  South  of  supposed  or  real  evils. 

This  new  anti-slavery  test  is  nothing  less  than  the  introduction 
of  an  aniLndment  to  the  code  of  proscription  for  opinions  sake, 
which  has  been  heretofore  exercised,  with  a  view  to  got  men  out  of 
office  for  the  benefit  of  those  who  desired  to  get  in.  The  amend- 
ment is  designed  to  exclude  from  the  highest  office  in  the  gilt  of 
the  people,  all  slaveholders,  and  thus  to  appropriate  the  Execu- 
tive department  and  all  its  patronage  to  the  use  of  the  citizens  of 
the  free  States,  and  those  who  do  not  own  slaves.  It  is  about  the 
same  thing  to  close  the  door  against  merit,  and  thus  prevent  a 
patriot  from  receiving  olfice,  and  to  eject  him  from  office  without 
a  fault,  to  make  room  for  a  partizan  and  favorite.  The  practice 
of  removing  from  office  in  order  to  provide  for  favorites,  has  be- 
come almost  a  cardinal  doctrine  with  all  political  parties  of  the 
country.  I  have  been  opposed  to  it  from  the  time  it  was  first 
started,  and  I  shall  oppose  it  till  I  die.  The  application  of  this 
new  anti-slavery  test  is  of  the  same  prescriptive  character.  A 
word  or  two  more  up-">n  this  subject  and  I  have  done. 

I  felt  it  my  duty  to  express  my  sentiments  upon  this  question, 
because  I  believe  they  are  the  sentiments  ef  that  quarter  of  the 
country  from  which  I  come,  and  that  upon  them  wo  can  all  har- 
monize. Gentlemen  at  the  North  speak  of  the  preponderance  of 
the  slave  power,  when  physically  and  numerically  the  North  has 
th»  advantage.  Look  at  the  greater  number  of  representatives 
from  the  Irce  States  in  the  other  end  of  the  capitol.  Look  at  the 
disparity  here  when  Iowa  and  Wisconsin  shall  be  represented,  for 
Delaw.ire  can  no  longer  be  classed  with  the  slaveliolding  States. 
This  institution  of  slavery  operates  against  a  dense  population,  so 
that  the  South  may  never  become  so  populous  as  the  free  States  at 
the  North.  Look  also  at  the  greater  number  of  square  miles  of 
territoi-y  Iving  North  of  36  30  -the  Missouri  compromise  line 
yet  to  be  setiled  and  formed  into  free  States.  Where,  then,  is  the 
foundation  of  your  supposed  danger  ?  A  gentleman  near  me  [Mr. 
Davis,  of  Mass.]  says  that  I  do  not  notice  the  dough-faces.  Now, 
sir,  if  there  be  men  at  the  North  who  have  been  considering  the 
evils  I  have  presented,  who  are  not  willing  to  be  eternally  goad- 
ing and  tantalizing  us  on  this  subject,  and  who  say  that  they  can 
harmonize  with  us  on  the  great  principles  of  the  constitution  given 
us  by  our  fathers,  call  them  dough-faces  if  you  will,  but  I  say  that 
they  stand  on  the  true  constitutional  ground — the  ground  on  which 
we  have  hitherto  and  always  can  harmonize.  Do  not  gentlemen 
at  the  North  perceive  that  the  course  which  many  of  them  take 
upon  the  subject  of  slavery,  and  especially  if  it  is  to  be  made  a  new 
test  ot  eligibility  to  the  Presidential  office,  tends  to  produce  at  the 
South  a  political  alliance,  offensive  and  defensive,  with  those  who 


they  are  pleased  to  denominate  '"dough-faces  V  Let  whigs  at  the 
North  forget  all  old  issues  as  soon  as  they  please — let  them  go  for 
Cass,  California,  Cuba,  and  Cape  Horn,  if  they  choose,  rather 
than  support  the  conservative  nominee  of  the  whig  national  con- 
vention in  case  ho  should  be  a  slaveholder.  Let  them  distinctly 
come  out  like  the  gentleman  from  New  Hampshire,  [Mr.  Hale,] 
and  threaten  us  with  anti-slavery  thunder  storms.  When  all  that 
is  done,  and  we  of  the  South  distinctly  see  it,  then  you  mav  look 
for  united  action  in  the  South,  and  I  tell  my  northern  whig  breth- 
ren that  if  those  who  they  dciuiunce  as  dough-faces  can  make  a 
diversion  in  our  favor,  they  will  find  that  notwithstanding  we  are 
the  weakest  party, 'slavery  becoming  the  great  test,  that  the  maxim 
"divide  and  conquer,''  will  be  engraved  <m  the  southern  escutch- 
eon. If  we  can  divide  the  North,  our  whole  weight  will  be  thrown 
into  one  end  of  the  scale,  and  wo  shall  justify  this  course  before 
God  and  man,  upon  the  ground  that  it  is  the  only  thing  left  us 
whereby  to  escape  the  chains  which  northern  fanaticism  is  forg- 
ing for  us.  Sir,  I  believe  such  a  state  of  tilings  will  be  fatal  to  the 
best  interests  of  all  parties,  and  I  give  a  timely  warning  in  the 
hope  that  the  North  may  consider  and  avoid  the  danger.  It  is  for 
the  North  to  take  its  course.  The  duty  of  the  South  is,  to  watch 
the  signs  of  the  times  and  to  be  ready  to  meet  any  emergency. — 
Formerly  when  a  fugitive  slave  or  a  fugitive  from  justice,  no  mat- 
ter for  what  indicted,  escaped  from  any  of  our  slaveholding  States 
to  a  free  State,  he  was  delivered  up  and  sent  back  without  any  diffi- 
culty; but  let  a  man  now.  from  New  Hampshire  for  instance,  go  to 
the  South,  kidnap  a  slave  and  bring  him  into  one  of  the  free  States  of 
the  North,  no  matter  what  kind  of  application  may  be  made  to  tho 
governor,  or  authorities  of  the  State,  he  will  not  be  surrendered 
and  returned  for  trial  to  tho  State  where  he  committed  the  offence. 
This  proves,  sir,  that  the  feelings  of  mutual  confidence,  affection, 
and  reliance  upon  the  good  sense  and  principles  of  all  the  States 
of  this  Union  have  greatly  fallen  off' since  the  formation  of  the  con- 
stitution. The  South  retaliates  by  passing  laws  oppressive 
upon  the  seamen  of  the  North,  and  in  violation  of  the  consti- 
tution of  the  United  States.  When  is  this  thing  to  end? — 
There  is  no  end  to  it.  It  is  a  perpetual  caustic  application  to  an 
old  sore,  and  cannot  be  remedied  unless  you  harmonize  upon  tho 
principles  I  have  laid  down.  Place  yourselves  right  upon  the  prin- 
ciples I  have  advocated,  strike  out  of  the  bill  every  thing  whiclt 
can  have  the  remorest  bearing  upon  slavery,  and  leave  the  matter 
to  be  settled  by  the  people  of  Oregon,  as  they  have  the  right  to  do, 
and  you  will  get  clear  of  all  difficulty.  I  go  further  ;  I  wish  the 
people  of  Oregon  to  settle  it  themselves  ;  I  do  not  desire  to  pre- 
scribe that  they  shall  intikc  their  territory  a  slave  or  a  free  terri- 
tory, but  simply  wish  to  leave  the  matter  with  them  to  decide 
for  themselves.  Had  this  course  been  adopted  in  the  first  place, 
the  bill  could  have  been  passed  in  five  minutes,  and  saved  a  useless 
and  irritating  discussion. 

I  hope  I  have  given  no  offence  in  any  thing  I  have  said.  I  thought 
that  the  remarks  by  the  gentlemen  from  New  Hampshire  and 
Connecticut  [Mr.  Hale  and  Mr.  Nii.es]  ought  to  be  answered, 
and  that  their  incorrectness  might  be  shown  very  plainly.  I  was 
confident  that  it  might  be  made  manifest  that  the  evil  complained 
of.  if  removed  by  universal  emancipation  at  the  South,  would  en- 
large the  slave  power  in  a  new  I'orm  and  under  a  new  name,  in- 
stead of  decreasing  it.  It  would  no  longer  be  said  that  our  slaves 
gave  us  political  power  ;  but  it  would  be  said  that  we  had  a  free 
negro  power,  more  dangerous  to  the  North,  in  proportion  as  five 
is  to  three,  than  the  slave  power  so  much  harped  upon  by  the  abo- 
lition choir. 

Mr.  BALDWIN. — Mr.  President;  In  rising  to  address  the  Se- 
nate on  the  question  now  under  discussion.  I  do  not  regard  myself 
as  the  representative  of  any  local  or  sectional  interest.  I  stand 
here  as  a  Senator  in  the  Congress  of  the  United  States,  in  the 
performance  of  a  duty  imposed  by  the  constitution,  to  legislate 
for  the  whole  country  in  such  manner  as  will  best  promote  the 
common  interest  and  well'are  of  the  people  of  tlie  United  States, 
as  one  people,  in  providing  for  the  government  of  a  portion  of  our 
national  domain.  It  involves,  in  my  judgment,  no  question  of 
Slate  or  individual  right ;  but  is  purely  a  question  of  national  po- 
licy and  justice.  It  will  be  my  endeavor  to  treat  it  as  such,  and 
neither  to  indulge  in,  or  give  occasion  for,  crimination  or  recrimi- 
nation, in  any  remarks  I  may  deem  it  my  duty  to  make. 

The  people  of  the  territory  of  Oregon  having  established  them- 
selves on  the  public  domain, 'without  the  assent  ol  the  government 
of  the  United  States,  to  whom  the  jurisdictions  pertains,  had  no  in- 
herent right  of  legislation  which  the  United  States  are  bound  ei- 
ther 10  recognize  or  confirm.  Their  legislation  was  tho  offspring 
of  necessity  alone  ;  and  their  laws  while  unconfirmed,  can  be  re- 
garded as  obliffatory  onlf  by  the  tribunals  of  their  own  creation. 
They  assert  no  claini  to  independence,  but  entreat  us  to  confer  on 
them  the  privileges  of  a  lawful  community,  by  the  organization  ol 
a  territorial  government.  'Vear  after  year  they  have  petitioned 
for  this  boon.  And  as  during  all  this  period  they  have  been  left 
by  the  United  States  without  any  system  of  government,  or  laws 
for  their  protection,  the  Committee  on  Territories  have,  with  great 
propriety,  inserted  in  the  bill  the  provision  to  give  validity  to  their 
past  legislation,  which  it  is  now  proposed  to  erase. 

The  honorable  Senators  from  Te.xas,  [Mr.  RnsK,]  and  from 
Louisiana,  [Mr.  Downs,]  have  urged  the  adoption  ol  the  amend- 
ment on  the  ground  that  there  is  no  necessity  for  the  section  pro- 
posed to  be  erased,  because  without  an  express  recognition  of 
their  validity,  the  laws  enacted  bv  the  superceded  government 
would  continue  in  force  till  repealed.    And  tbe  honotabU  Senawj 


700 


THE  OREGON  BILL. 


FSaturday, 


from  Tcxns  also  supposes  that  there  is  an  implied  recognition  of 
their  validity  in  the  lotb  sec-lion  of  the  liill.  Both  of  these  propo- 
sitions may  well  be  doubted.  The  adoption  of  the  territorial  go- 
vernment proposed  by  this  bill  supercedes  the  old  system  entirely. 
It  treats  tiie  existinn;  government  established  by  the  people  of  Or- 
egon as  a  nullity.  It  contemplates  no  transfer  of  jurisdiction.  It 
is  unlike  the  ease  of  a  cession  of  territory  received  from  an  exist- 
ing government,  whose  validity  is  necessarily  recognized  by  the 
act.  and  whose  laws  continue  until  they  are  repealed.  Such 
would  undoubtedly  be  the  case,  in  regard  to  the  laws  of  New  Mex- 
ico and  California,  in  the  event  of  the  ratification  of  the  treaty 
with  Mexico. 

But  suppose  it  were  true,  that  the  laws  enacted  by  the 
provisional  government  of  the  people  of  Oregon  would  continue  in 
force  without  this  provision,  as  the  honorable  Senator  supposes — 
not  by  their  own  inherent  power,  but  by  the  acquiescence  and  im- 
plied assent  of  this  government — what  harm  would  be  done  by  the 
express  recognition  contMined  in  the  section  proposed  to  be  cra.scd  ? 
Why  should  we  be  unwilling  to  declare  openly  on  the  face  of  the 
bill  what  we  really  intend  ?  Why  leave  it  to  be  implied,  and  ex- 
pose our  citizens  to  the  hazard  of  a  doubtful  consi ruction,  by  re- 
jecting the  clear  and  intelliaible  provision  contained  in  the  bill  as 
reported  by  the  committee?  It  appears  to  me  that  under  the  oir. 
curnstances  in  which  the  jieople  of  Oregon  have  been  placed, 
there  is  an  obvious  propriety  in  the  express  recognition  by  this  go- 
vernment of  all  their  proper  acts  of  past  legislation. 

The  people  of  Oregon,  convinced  of  the  evils  of  slavery,  and 
aware  of  the  advantages  resulting  from  its  exlcnsion  as  exhibited 
in  the  unexampled  growth  and  prosperity  of  the  States  composed 
of  the  north  western  territory,  have  enacted  what  they  denomi- 
nate a  fundamental  law,  forever  prohibiting  involuntary  servitude 
in  the  territory.  This  law,  among  others,  would  be  confirmed  by 
the  section  proposed  to  be  stricken  from  the  bill.  The  honorable 
Senator  from  South  Carolina,  [Mr.  C.-vlhoun,]  and  the  honorable 
Senator  from  Alabama,  [Mr.  Bagby,]  have  announced  to  the  Se- 
nate the  novel,  and  to  my  mind  alarming  doctrine,  that  Congress 
has  no  power  to  legislate  so  as  to  prevent  a  citizen  of  a  slave  State 
from  emigrating  with  his  slave  property  to  any  of  the  territories  of 
ihe  United  States,  and  there  holding  them  in  servitude  ;  that  the 
people  of  the  territory  have  no  right  so  to  legislate  ;  and  that  Con- 
gress has  no  power  to  vest  such  authority  in  the  territorial  legis- 
lature. This  doctrine  the  honorable  Senator  from  South  Carolina 
deduces  from  the  equality  of  the  States  in  the  federal  compact, 
irono  which  he  infers  that  no  discrimination  can  be  made  between 
those  who  hold  slaves,  and  those  who  do  not. 

Sir,  what  have  the  State  governments  to  do  with  this  qncstion  ? 
What  right  of  theirs  is  involved  in  the  legislation  of  Congress  for 
the  government  of  the  territories  of  the  nation?  The  constitu- 
tion of  the  United  States  was  ordained  and  established  by  the  peo- 
ple of  the  United  States.  It  was  made  for,  and  adopted  by  the 
people  of  the  United  Slates,  as  one  people,  to  enable  thern  by 
means  of  the  national  government  thereby  created,  to  exercise  in 
the  manner  prescribed,  th»  powers  specifically  confided  to  kliat  go- 
vernment for  the  accomplishment  of  the  great  national  purposes 
set  forth  in  the  preamble  to  the  constitution. 

Before  the  Declaration  of  Independence,  the  several  Slates  heinf 
mere  colonial  dependencies  of  the  British  empire,  the  people  of  all 
the  colonies  owed  allegiance  to  the  King.  The  same  constitution, 
and  the  same  common  law  were  appealed  to  as  the  source  and 
guardian  of  their  civil  and  political  liberties. 

While  yet  owing  this  common  allegiance,  they  united  to  resist 
oppression,  and  to  demand  redress  from  their  common  sovereif^n. 
The  Congress  of  1776  was  not  composed  of  delegates  from  sove- 
reign States,  but  from  colonial  legislatures  owing  and  acknowl- 
edging allegiance  to  the  British  crown.  They  consequently  had 
no  authority,  and  eould  havo  none  under  such  an  appointment,  to 
declare  a  dissolution  of  the  connection  of  the  colonies  with  Great 
Britain. 

In  making  that  ever  memorable  declaration,  they  did  not,  there- 
fore, act  as  delegates  of  colonial  legislatures,  but  as  representa- 
lives  of  the  people  of  the  United  States,  then,  for  the  first  lime, 
speaking  as  "  one  people,"  and  announcing  their  sovereignty  to 
the  world.  It  was  the  unanimous  declaration  of  the  thirteen 
United  States  of  America,  assuming  to  speak  as  oke  people  at 
the  same_ moment  that  they  passed  Irom  the  condition  of  colonies 
to  that  of  States.  It  was  au  authoritative  declaration  of  persons 
assuming  a  right  to  a  make  it,  in  the  name  of  the  American  peo- 
ple, that  they  no  longer  owed  allegiance  to  the  British  crown. 

That  declaration  when  ratified  and  sanctioned  by  the  people  in 
whose  name  it  was  made,  has  the  same  force  and  efleet  as  if  pre- 
viously authorized.  It  was  the  exercise  by  the  American  people, 
as  a  nation,  of  the  highest  attribute  of  sovereignty,  clainiinfr  a 
riL'hl  to  establish  for  themselves  an  independent  government.  The 
declaration  thus  put  forth  in  the  name  of  the  whole,  was  sustained 
by  common  efforts  and  sacrifices,  and  confirmed  by  a  treaty  which 
acknowledged  their  claim  to  an  equal  rank  among  tho  na'tions  of 
the  earth.  The  several  colonial  jurisdictions  became  at  the  time 
of  the  Declaration  of  Independence,  States,  with  an  inherent  pow- 
er in  the  whole  American  people,  to  provide  for  their  common  wel- 
fare by  a  confederacy  of  States  or  a  constitutional  government. 
They  chose  the  former  and  failed  in  their  experiment." 

The  convention  of  17S7,  which  formed  the  constitution  of  the 
United  States,  was  composed  cf  delegates  from  the  several  States 
in  their  separate  political  capacities.  They  were  appointed  pur- 
iuant  to  a  recommendation  of  Congress,  ''to  revise,  aiuend,  and 
•Iter  the  artiolea  of  confederation,"^  They  Imd  no  power  oonfev. 


red  upon  them  directly  by  the  people,  and  consequently  had  no  au- 
thority in  their  name  to  organize  a  government,  which  should 
operate  on  individuals,  in  any  other  way  than  through  the  State 
legislatures.  But  the  members  of  the  convention  were  convinced 
that  the  system  they  were  delegated  to  revise,  was  wholly  inade- 
quate 10  the  exigencies  of  the  country.  The  expciiment  regarded 
with  such  intense  interest  by  the  friends  of  liberty  throughout  the 
world,  was  on  the  verge  of  irretrievable  ruin.  The  svstem  of  le- 
gislating for  States  in  their  political  capacity,  had  been  proved  by 
experience  to  be  wholly  insufficient ;  and  it  would  have  been  so 
from  the  beginning,  had  not  the  external  pressure  by  the  common 
enemy,  kept  ihem  united  for  tho  purpose  of  defence.  They  were 
now  divided  among  themselves;  distracted  with  jealousies  indus- 
triously fomented  by  aspiring  demagogues,  a  prey  to  internal  dis- 
scnlion,  without  credit,  and  almost  without  respect  of  foreign 
nations. 

The  wise  men  who  composed  that  convention  perceived  that 
unless  a  more  perfect  union  could  be  formed,  it  would  be  in  vain 
to  attempt  to  secure  for  themselves  and  tl.eir  posterity,  the  bless- 
ings of  that  liberty,  which  it  had  so  long  been  the  object  of  their 
united  efibrts  to  acquire.  Assuming  a  responsibility  required  by 
the  occasion,  they  determined  to  abandon  the  instructions  under 
which  they  were  convened,  and  in  the  name  of  "the  people  of  the 
United  States,"  to  form  one  nation  of  the  confederate  States,  with 
a  constitutional  government,  specifically  invested  by  the  people 
with  every  power  deemed  needful  for  the  accomplishment  of  the 
great  objects  enumerated  in  the  preamble  to  the  constitution,  a 
government  to  which  allegiance  should  be  due  from  every  citizen. 

Now,  as  each  individual,  before  the  lormation  of  the  federal  con. 
stitution,  owed  allegiance  only  to  the  State  to  which  he  belonged, 
it  was  necessary  that  the  new  government,  which  required  lo  a 
great  extent  the  transfer  of  that  allegiance  to  itself,  should  be 
adopted,  not  only  "by  the  people  of  the  United  Stales,"  in  whose 
name  it  was  ordained,  but  by  the  people  of  each  ot  the  States  in 
-  their  s.'parate  political  capacity. 

It  was  not  enough  that  it  should  be  adopted  by  a  majority  of  the 
people  of  the  United  States,  unless  it  had  likewise  the  assent  of 
the  people  of  each  particular  Slate,  since  they  alone,  to  whom  the 
sovereignty  pertained  within  their  particular  limits,  had  a  right  to 
transfer  ihe  exercise  of  such  of  its  attributes  as  the  common  wel- 
fare required  to  the  government  of  the  Union. 

It  was  competent  lor  the  people  in  the  several  States,  if  they 
pleased,  to  unite  in  the  adoption  of  a  constitution  which  should 
make  them  one  nation  for  all  purposes,  and  entirely  subvert  the 
governments  of  the  several  Stales.  But  this  could  only  be  done 
legally  by  the  peoph  of  each  State  in  its  separate  convention  as- 
sembled with  the  consent  of  the  existing  government.  Hence  the 
necessity,  as  well  as  tho  propriety  from  considerations  of  conveni- 
ence, of  submitting  lo  the  people  in  iheir  State  conventions  for  rail- 
ficalion,  the  eonstiluiion  which  was  ordained  in  the  name  of  the 
people  of  the  United  Stales. 

The  constitution  when  ratified  took  effect  according  to  the  man- 
ner of  its  adoption  by  the  convention,  as  the  act  of  the  whole  com- 
munity upon  whom  it  was  to  operate.  All  the  people  became 
"citizens  of  the  United  States,"  as  well  as  citizens  of  their  re- 
spective States. 

The  President  of  the  United  ?tates,  Senatois,  &c.,  are  required 
by  the  constitution  to  be  "citizens  of  the  United  States  ;"  and  the 
crime  of  treason,  which  necessarily  implies  allegiance,  is  created 
and  defined.  The  government  of  the  United  Stales  having  been 
adopted  by  a  majority  of  the  people  of  the  United  Slates,  and  of 
each  State,  is,  to  the  extent  of  its  powers,  just  as  much  the  govern- 
ment of  the  people  of  the  United  States  in  iheir  sovereign  capa- 
city, as  the  government  of  each  individual  Stale  is  the  government 
of  its  people.  The  object  of  bolu  governments  is  the  same  :  lo 
exercise  in  the  name  of  the  people,  powers  derived  from  the  peo- 
ple for  the  protection  and  preservation  of  their  rights  and  liberties. 
Neither  government  is  sovereign  or  can  exercise  any  power  what- 
ever, except  so  far  as  it  is  entrusted  by  its  own  people  with  the 
attributes  of  sovereignty,  or  the  exercise  of  legislative  power. 
Neither  can  impose  laws  on  its  citizens  except  by  their  consent. 
When  the  government  of  the  United  Stales  acts,  it  acts  upou 
individuals  as  citizens  of  the  United  Stales.  When  the  Slate  go- 
vernment acts,  it  acts  upon  them  only  as  citizens  of  a  Slate. 

Whatever  may  have  been  the  ease  before  the  adoption  of  the 
constilution,  the  people  of  each  Slate  are  not  now  sovereign  wiihin 
tho  limits  of  the  State.  The  constilution  of  the  United  States  is 
paramount  to  the  constitution  as  well  as  to  the  laws  of  the  Slates. 
The  people  of  the  United  States  have  prohibited  the  Slates  from 
doing  many  acts  which,  before  the  adoption  of  the  constitution, 
they  might  lawfully  havo  done.  These  are  limitations  of  the  sove- 
reignly of  the  people  of  tho  several  Slates,  imposed  and  secured 
by  the  concurrence  of  the  people  of  the  United  States.  It  is  not 
the  government  of  the  United  Slates  that  speaks  in  these  prohibi- 
tions. It  is  the  people  of  tho  United  Stales.  They  are  imposed 
not  on  the  legislatures  of  the  Stales  alone,  but  on  the  Slates  ihcm- 
solves — on  the  people  of  tho  States  as  organized  communities. 

Mr.  BORLAND  hero   put   one   or  two  interrogatories  to  Mr. 
Baldwin  respecting  tho  positions  he  had  assuinedT 

Mr.  B.\LDWIN  replied,  by  reading  from  a  judicial  opinion  of 
the  lato  Chief  Justice  Marshall,  as  follows  : 

"Tliegovcrulnent  of  llio  United  Slates  is  a  government  of  the  people  :  its  poweri 
nre  granted  by  them,  and  nre  to  be  exerejsod  directly  on  tlieni.  and  lor  their  benefit. 
Allliouph  liniited  in  its  |io\vcr,  the  government  is  supreme  within  its  sphere  of  action; 
and  its  laws,  wbeu  inado  in  pnrsnniice  of  Uie  constitution  form  the  supitme  law  of 
the  land." 


June  3.] 


THE  OREGON  BILL. 


701 


Mr.  BORLAND  here  stated  that  the  Supreme  Court  was  a 
tribunal  whose  decisions  were  binding  upon  the  courts  of  the  coun- 
try, but  not  upon  the  le<;islature  of  the  United  States  :  nor  could 
their  derisions  authoritatively  define  the  powers  of  this  govein- 
naent.  Neitlier  did  he  recognize  the  authority  of  Cliief  Justice 
Marshall,  the  mere  opinion  of  a  distinguished  jurist,  as  worthy  of 
greater  consideration  on  the  consiitulional  powers  of  the  govern- 
ment than  the  opinions  of  Thomas  Jefferson  and  James  Madison 
which  were  directly  opposed  thereto. 

Mr.  BALDWIN. — I  must  address  myself,  then,  to  Senators 
who  do  acknowledge  the  authority  of  of  that  august  tribunal,  and 
of  the  eminent  judge  whose  sole  employment  it  was,  through  a 
long  and  glorious  life,  to  expound  and  elucidate  the  constitution 
and  laws  of  his  country  : 

"  In  discussing  lliis  question,"  says  Chief  Jnstice  ^Marshal.  4  VVliealon,  4U2,  "  liie 
counsel  for  .Maryland  have  deemed  it  oi'  some  importance,  in  Uie  construction  of  tlie 
constitution,  to  consider  that  instrument,  notaseiiianalini'  from  the  people,  hut  astiie 
act  of  sovereign  and  independent  States.  Tlie  (towers  of  the  gen«:'ral  government,  it 
has  been  said,  are  delegated  by  Ilie  States  who  done  are  truly  sovereif^n.  It  would  be 
difficult  to  sustain  this  jiroposition.  The  convention  whicli  formed  the  constilulioa 
was  indeed  elected  by  llie  Plate  legislatures  ;  but  the  instrumtnt,  when  it  came  from 
their  hands,  was  a  mere  proposal,  without  obligation  or  pretensions  to  it, 

"  It  was  reported  to  the  existing  ('ongress  with  a  request  thai  it  mipht  bcsuhinitteli 
to  a  convention  of  dele;:ates,  chosen  iii  each  State  liv  the  people  thereof  under  the  re- 
commendation of  its  legislature,  for  their  assent  and  ratitication.  When  they  act  they 
actio  Slates.  But  themetisures  they  adopt  do  not,  on  that  account,  eeaseto  be  the 
measures  of  the  people,  or  become  the  measures  ot  the  Slate  goverunienls.  The  assent 
of  the  States  in  their  sovereign  capacity  is  implied  in  Iheir  callinf;  conventioDs.  The 
people  were  at  liberty  to  accept  or  reject  it." 

Wliat,  then,  are  the  powers  of  Congress  over  the  territories 
of  the  United  States  '  Has  Congress  power  to  prohibit  or  to 
anihorizo  the  prohibition  of  linman  slavery  in  a  territory  in 
which  it  does  not  exist?  This  power  has  been  exercised  from 
the  origin  of  the  government.  It  was  exercised  under  the  con- 
federation by  the  ordinance  of  1787,  with  the  assent  of  the 
delegates  from  every  .State.  And  almost  immediately  after  the  or- 
ganization of  the  government  under  the  present  constitution,  an  act 
was  passed  containing  the  necessary  provisions  in  order  that  the 
ordinance  might  "continue  to  have  full  effoct."  It  was  exercised 
attain  in  v^diat  is  called  the  Missouri  compromise,  and  in  the  orga- 
nization of  the  territorial  governments  of  Wisconsin  and  Iowa.— - 
For  the  source  of  the  power  of  Congress  to  legislate  for  the  gov- 
ernment of  the  territories,  resort  has  commonly  been  had  to  that 
clause  in  the  constitution  which  empowers  Congress 

— "  to  dispose  of  and  make  all   needful  rules  and  regulations  respecting  the  territory 
orotlier  properly  of  the  United  Slates." 

But  I  think  it  is  also  expressly  conferred,  as  incident  to  the  power 
of  actiuiring  territory,  by  the  provision 

"that  Congress  shall  have  power  to  make  all  taws  which  sliall  be  Decesssry  and  proper  for 
carrying  into  execution  the  loregoing  fowers,  and  all  other  powers  vested  by  this  con 
•titution  ia  the  government  of  the  LTniled  States,"  &c. 

If  the  constitution  vests  in  the  governraont  of  the  United  States 
the  right  to  acquire  the  dominion  or  sovereignty  over  new  territo- 
ry, which  has  not,  by  becoming  a  State,  acquired  the  means  of  self- 
government,  thereby  creating  the  necessity  for  legislation,  Con- 
gress must  pass  the  proper  and  necessary  laws  to  meet  the  exi- 
gency. It  Ibllows,  therefore,  that  Congress  must  judge  what  laws 
are  necessary  and  proper  for  the  government  of  the  territory,  ac- 
cordinjr  to  the  spirit  of  the  constitution,  and  most  conducive  to  the 
general  welfare  and  interests  of  the  people  of  the  United  States. 
The  States,  as  such,  have  no  interest  in  the  territory  acquired  by 
the  nation  to  justify  their  interi'erence  with  its  government.  No 
citizen  of  a  Slate  has  a  right  to  go  there  with,  or  without  his  pro- 
perty, till  Congress  gives  him  the  liberty.  Congress  may,  if  it 
judge  it  best,  keep  the  territory  wholly  unoccupied,  as  was  propo- 
sed in  regard  to  the  territory  between  the  iVueces  and  the  Kio 
Grande  ;  or  it  may  dispose  of  the  land  to  immigrants  from  abroad  ; 
to  free  people  of  color  J  or  to  the  Indian  tribes.  If  Congress  deem 
it  most  promotive  of  the  general  interest  to  provide  lor  its  settle- 
ment as  free  territory,  excluding  no  one,  but  securing  to  every  in- 
habitant his  personal  liberty,  whose  rights,  I  nsk,  are  violated  ? 

When  a  citizen  of  South  Carolina  emigrates  with  his  property  to 
settle  in  another  State  or  territory,  he  ceases  to  be  a  citizen  o(  the 
State  which  he  has  abandoned,  or  to  have  a  claim  on  her  sove- 
reignty for  his  protection.  He  goes  upon  the  public  territory  as  a 
citizen  of  the  United  States,  and  is  entitled  to  the  rights,  privile- 
ges, and  itnmunities  of  a  citizen  of  the  United  States,  under  the 
laws  of, the  territory  and  to  nothing  more. 

If  the  citizen  of  South  Carolina  emigrates  to  a  slave  State  with 
his  slaves,  though  ho  does  not  carry  with  him  the  slave  laws  of 
South  Carolina,  he  carries  with  hitn  what  those  laws  regarded  as 
property,  and  which  by  the  comity  of  the  State  to  which  he  has  come, 
will,  in  accordance  with  their  ow'n  laws,  continue  to  be  so  regard- 
ed. But  the  condition  of  the  slave  there  will  be  governed,  not  by 
the  law  of  South  Carolina,  but  by  the  laws  of  the  State  into  which 
his  master  has  brought  him  to  reside.  If  the  citizen  of  South  Ca- 
ri<rina,  instead  of  going  with  his  slave  to  a  slave  State,  should  take 
him  to  Massachusetts,  he  would  there  be  regarded  as  a  freeman. 
Why?  Because  there  is  no  slave  law  there  that  recognizes  the 
right  of  man  to  hold  property  in  man  ;  and  the  law  of  i?oinity  ne- 
ver prevails  in  favor  of  a  law  which  violates  the  law  of  our  own 
country,  or  the  law  of  nature.  Yet  if  the  same  citizen  had  brought 
his  horse  to  Massachusetts,  he  would,  of  course,  have  remained  his 
property  still,  because  the  horse,  like  any  inanimate  property,  is 
every  where  the  subject  of  ownership. 

If,  on  the  other  hand,  the  slave  escape  from  South  Carolina  and 
come  as  a  fugitive  to  a  free  Stale,  the  master  is  authorized  by  the 


constitution  to  retake  him  wherever  he  can  find  him,  for  the  pur- 
pose of  carrying  him  back  to  the  State  under  whose  laws  he  was 
held  to  service  or  labor.  i 

But  the  convention  which  formed  the  federal  constitution,  though 
they  recognized  slavery  as  existing  in  regard  to  persons  held  to 
labor  by  the  laws  of  tlie  States  which  tolerated  it,  carefully  exclud- 
ed from  the  constitution  every  expression  that  might  be  construed 
into  an  admission  that  there  could  be  property  in  man.  Mr.  Ma- 
dison objected  to  a  clause  as  it  was  originally  reported,  on  the 
ground  "that  it  admitted  that  there  could  be  property  in  men,"  an 
idea  which  "he  thought  it  wrong  to  admit  into  the  constitution  ;" 
and  it  was  altered  in  conformity  with  his  wishes. 

What,  then,  is  the  properly  which  a  slave-owner  has  m  his  slave  ? 
It  is  just  that  power  which  the  laws  of  the  State  or  territory  in 
which  he  resides  confer.  If  those  laws  do  not  recognize  slavery  as 
there  existing,  it  is  nothing  ;  for  ihe  laws  of  the  State  he  hasleft 
have  ceased  to  operate,  in  every  community  in  which  the  law  of 
nature  is  uncontrolled  by  positive  law,  all  men  are  free  and  equal 
in  regard  to  their  personal  rights.  Slavery  is  a  status  conirarj' to 
the  law  of  nature.  It  had  its  origin  in  force,  and  can  exist,  as  a 
legal  relation,  only  by  positive  law.  This  is  not  the  doctrine  of 
the  free  States  alone  ;  it  has  the  sanction  of  the  highest  judicial 
authority  in  the  slave  Slates,  as  well  as  in  the  free.  In  a  volume 
of  reports  by  the  honorable  Secretary  of  the  Treasury  (Walker's 
Rep.  36)  is  contained  a  decision  of  the  Supreme  Court  of  Missis- 
sippi, that 

"  slavery  does  not  exist  by  the  law  of  nature.  It  exisli,  and  can  exist,  only  through 
municipal  regulation." 

In  the  same  volume,  p.  83,  it  is  said  by  the  court : 

"  In  the  constitution  of  the  United  States  slaves  are  expressly  designated  as  persona. 
The  right  of  the  master  exists  not  by  force  of  the  law  of  nations  or  of  nature,  hut  by 
virtue  only  of  the  positive  law  of  the  Stale." 

The  Supremo  Court  of  the  State  of  Louisiana,  in  a  ease  report- 
ed in  14th  of  Martin,  404,  say  that  the  relation  of  owner  and  slave 
in  the  States  of  this  Union  in  which  it  has  a  legal  existence,  is  a 
creature  of  the  municipal  law. 

The  Supreme  Court  of  Kentucky,  also,  in  3  Marshal,  470,  say  : 

"  Slavery  is  sanctioned  by  Ihe  laws  of  this  Slate,  but  we  consider  that  as  a  right 
existing  by  a  positive  law  of  a  muuicipai  character,  without  foundation  in  the  law  of 
nature." 

This,  too,  is  the  doctrine  of  the  common  law,  and  fully  sanction- 
ed and  sustained  by  the  Supreme  Court  of  the  United  States. — 
Hence  it  was  that  when  the  ordinance  of  1787  declared  that  slave- 
ry should  not  exist  in  the  territory  North-West  of  the  Ohio,  all 
slaves  then  there,  or  afterwards  brought  there  by  their  masters, 
became  free. 

If  the  proposition  of  the  honorable  Senator  from  South  Carolina 
be  true,  it  would  follow  that  the  moment  foreign  territory  is  ac- 
quired by  treaty  or  otherwise,  if.  becomes,  eo  mstanii,  slave  territo- 
ry, having  local  laws  to  sustain  the  unnatural  relation  of  owner 
and  slave — laws  which  cannot  bo  abrogated  while  the  territorial 
government  shall  endure.  I  should  like  to  know  what  sort  of  slave 
laws  would  come  into  existence  by  virtue  of  the  action  of  the  Pre- 
sident  and  Senate  in  the  forination  of  a  treaty,  or  of  the  operation 
of  the  constitution  of  the  United  States,  propria  cigorc,  on  the  ter- 
ritory acquired.  The  property  of  the  South  Carolina  slaveholder 
is  just  that  control  over  the  life  of  another  which  the  laws  of  that 
State  give  him.  The  property- of  a  Delaware  slaveholder  being 
that  aione  which  the  milder  laws  of  Delaware  confer,  is  quite  an- 
other thing.  The  otfspring  of  the  one  are  slaves  for  life,  while 
those  of  the  other  are  but  servants  for  a  time.  Which  of  these 
slave  laws  are  to  spring  into  existence  in  the  territories  of  the 
United  States  ?  Or,  are  the  inhabitants  and  territorial  authorities  to 
be  required  to  become  skilled  in  the  code  noir  of  all  the  States,  so 
as  to  be  able  to  administer  them  in  all  their  variety  ?  No,  sir. 
Unless  a  slave  law  is  enacted  by  Congress  or  by  the  people  of  the 
territory  by  their  authority,  the  natural  law  of  liberty,  as  proclaim- 
ed by  our  fathers,  will  remain  in  full  force.  And  whoever  removes 
there  with  his  slave,  comes  into  a  jurisdiction  where  no  law  exists 
to  retain  him  in  servitude. 

But,  sir,  if  this  be  not  universally  conceded  to  be  the  law,  I 
would  not  leave  it  as  a  matter  of  doubt,  in  the  organization  of  a 
territory  now  free.  Not  only  is  there  now  no  slave  law  existing 
in  Oregon,  but  the  people  have  endeavored,  by  a  fundamental  law, 
to  secure  themselves  against  the  introduction  of  slavery.  Why 
should  the  people  of  the  United  States  desire  to  inflict  it  on  them 
with  all  its  attendant  evils  ?  Will  the  people  of  the  United  States 
bo  benefitted  by  so  doing  ?  Will  the  people  of  Oregon  be  bene- 
fitted ?  Senators  who  oppose  this  prohibition  admit  that,  in  its 
practical  operation,  no  public  interest  will  be  prejudiced  by  it. — 
They  say  that  slavery  can  never  be  profitably  introduced  into  Or- 
egon. Then,  why  not  sufjer  the  prohibition  to  continue  !  Other 
Senators  entertain  a  very  different  opinion.  There  is  nothing  in- 
vidious in  this  prohibition.  It  is  in  accordance  with  a  policy  uni- 
versally approved  at  the  organization  of  the  government,  and 
which  has  immortalized  the  names  of  the  authors  of  the  ordinance 
of  1787.  The  territory  is  equally  open  'o  the  immigration  ol  the 
free  laborers  of  the  Southern  as  well  as  of  the  Northern  States. — 
The  number  of  slaveholders,  in  relation  to  the  entire  free  popula- 
tion of  the  Southern  States,  is  comparatively  small.  A  large  pro- 
portion of  the  emigrants  from  the  South  are  not  slaveholders.  They 
go  to  avoid  the  evils  of  a  system  which  inevitably  tends  to  the  disho- 
nor  of  free  labor,  and  to  subject  them  and  their  families  to  innumera- 
ble  privations.  To  those  who  desire  to  emigrate  with  their  slaves 
immense  and  fertile  regions  are  now  open  and  unoccupied,  far  e*- 


702 


THE  OREGON  BILL. 


[Satuhday, 


ceeding  in  extent  the  territory  which  invites  the  settlement  of  the 
free  laborer  of  the  North  and  South. 

We  are  here  to  legislate  on  this  question  as  American  states- 
men lor  the  promotion  of  the  common  welfare,  and  not  of  merely 
sectional  interests.  The  territories  acquired  by  this  government 
beyond  tlie  limits  of  the  States,  must  be  as  completely  subject  to 
its  jurisdiction,  in  all  proper  subjects  of  legislalioji,  as  those  of  a 
State  are  to  the  jurisdiction  of  the  State  government.  The  people 
of  the  territories  have  no  constitutional  rights,  as  such,  until  they 
are  extended  to  them  by  Congress,  as  lliey  are  in  the  bill  under 
consideration,  and  in  every  act  for  the  government  of  a  territory. 
It  seems  preposterous  to  claim,  then,  that  in  a  territory  beyond  the 
jurisdiction  of  any  State,  whose  inhabitants  liave  ceased  to  be  the 
citizens  of  any  State— a  territory  in  which  slavery  lias  never  ex- 
isted, its  exclusion  in  accordance  with  the  desire  ol'  its  inhabitants, 
can  be  regarded  as  a  violation  of  any  State  or  individual  rights 
under  the  constitution  of  the  United  States.  No  citizen  has  any 
such  interest  in  the  common  property  of  the  Union  as  to  render  it 
unjust  for  Congress  to  deny  to  him  the  right  of  settling  upon  it  with 
his  slaves.  If  so,  it  would  be  equally  unjust  to  give  power  to  the  peo- 
ple to  exclude  him,  by  their  admission  into  the  Union  as  a  State, 
■;o  long  as  any  portion  of  the  soil  within  its  limits  continued  to  be 
the  property  of  the  United  Slates.  If  it  is  competent  for  the  State 
of  Virginia,  Massachusetts.  Connecticut,  or  New  York  to  prohibit 
the  continuance  of  slavery  within  those  States  respectively,  it  fol- 
lows that  there  is  nothing  in  the  nature  of  slave  property  which 
jircvents  it  from  being  the  object  of  exclusion  by  any  government 
exercising  the  powers  of  sovereignty  over  the  territory  of  the  Uni- 
ted States,  without  the  limits  of  a  State.  The  clause  in  the  con- 
stitution of  the  United  States  providing  for  the  surrender  of  fugi- 
tive slaves,  implies  the  truth  of  the  principle  I  have  asserted.  By 
that  article  slaves  are  regarded  as  persons  from  whom  service  may 
bo  due,  under  the  laws  of  the  States  in  which  slave  laws  have  force, 
and  the  rigiit  to  keep  them  there  in  servitude  by  virtue  of  those 
laws,  is  declared  and  secured.  1  his  right  being  acknowledged  to 
that  extent  only,  it  follows  that  an  escape  by  a  slave,  or  his  forci- 
ble abduction  from  the  State  whose  laws  liold  him  in  servitude,  is  re- 
garded as  a  violation  of  duty — a  wrongful  act,  which,  consequent- 
ly, does  not  confer  on  liini  the  right  to  be  regarded  as  a  freeman 
in  the  State  to  which  he  has  fled  or  been  forcibly  carried,  if  his 
master  desire  to  reta4ce  him  for  the  purpose  of  subjecting  him  again 
to  servitude  in  the  State  front  which  he  Hed.  Tiie  same  provision 
applies  equally  to  the  relation  of  master  and  apprentice  for  a  time. 
The  provision  in  the  constitution  is  founded  on  a  principle  some- 
what analogous  to  that  which  provides  for  the  surrender  of  fugi- 
tives from  justice.  It  gives  extra-territorial  force  to  the  local  law 
just  so  tar  as  is  necessary  to  prevent  the  fugitive  from  gaining  his 
liberty,  by  what  the  law  of  his  domieil  regards  as  a  wrongful  act. 
But  it  has  been  invariably  decided,  that  if  the  owner  of  a  slave  vo- 
luntarilv  takes  biui  into  a  State  where  no  law  exists  to  impair  the 
natural  equality  of  rights,  the  slave  is  free. 

Mr.  BERRIEN. — Suppose  he  is  shipped  on  board  of  a  vessel 
bound  from  one  slave  State  to  another  on  the  high  seas  ? 

Mr.  BALDWIN. — On  that  question  I  may  perhaps  diti'er  in 
opinion  from  some  Senators  whose  views  on  this  subject  are  gene- 
rally coincident  with  my  own.  In  my  judgment  he  ought  to  be 
free  If  negroes,  originally  belonging  to  the  State  of  Maryland  or 
Virginia,  are  shipped  as  merehanHi/.e  on  board  of  a  vessel  to  be 
transported  on  the  liigh  seas  to  a  Southern  market  for  sale,  by  vir- 
tue of  what  law,  I  ask,  are  they  holden  as  property,  while  sailing 
under  the  flag  of  the  United  States,  without  the  territorial  limits 
of  either  of  those  States  ?  Does  the  vessel  carry  with  her  any  por- 
tion of  the  sovereignty  of  the  State  of  Maryland  or  Virginia?  If 
those  States  had  been  separate  and  independent  sovereignties,  like 
Spain  or  I'ranee,  the  laws  of  the  State  under  whose  flag  they  were 
sailing  would  have  determined  the  personal  relations  of  the  indi- 
viduals on  board.  Thu  vessel,  while  on  the  high  seas,  would  have 
been  regarded,  with  all  on  board,  as  still  under  the  jurisdiction  of 
the  State  to  which  she  belonged.  But  under  the  constitution  of 
the  United  States,  the  sovereignty  of  the  several  States  is  confined 
to  their  territorial  limits.  The  jurisdiction  over  our  vessels  at  sea 
is  national.  Commerce  and  navigition  by  sea  are  subject  to  the 
exclusive  regulation  of  Congress.  Our  vessels  are  vessels  not  of 
a  particular  State,  but  of  the  United  States,  whose  Hag  they  bear  ; 
and  olTences  committed  on  board  of  them  at  sea  are  oilences  against 
the  sovereignty  of  the  United  Slates.  The  slave  laws  of  Mary- 
land and  Virginia,  thereiiire,  could  have  no  force  of  themselves  on 
board  a  vessel  on  the  high  seas,  any  more  than  they  would  have 
in  the  territory  of  Iowa  over  a  slave  who  had  been  voluntarily  sent 
there  by  his  master.  The  constitution  of  the  United  States  con- 
fers no  power  on  the  government  to  establish  or  regulate  the  in- 
stitution of  slavery.  It  forms  no  part  of  the  duty  vi  the  govern- 
ment in  the  excrciso  of  its  power  "to  ri^giilate  commerce  among 
tlia  several  Slates,"  to  protect  or  recognize  as  legitimate  com- 
merce the  tralRc  in,  and  transportation  of  slaves  by  sea  as  merchan- 
dize.   But  as  Congress  have  in  fact  passed  a  law  to  regulate  the 


coastwise  transportation  of  slaves,  it  has  been  supposed  that  dur- 
ing their  passage  on  shipboard,  their  former  legal  relation  would 
continue. 

Sir,  I  cannot  regard  this  as  a  merely  local  question,  afleeting 
the  people  of  Oregon  alone.  It  is  a  great  questi<mof  national  po- 
licy involving  responsibilities  and  consequences  afleeting  the  whole 
American  people,  and  fixing  for  all  future  time  the  destinies  of  our 
immense  territorial  acquisitions  bordering  on  the  Pacific.  We 
have  not  acquired  this  territory  for  the  mere  purpose  of  giving 
room  for  the  expansion  of  our  population.  We  have  room  enough 
already  and  to  spare,  for  generations  yet  unborn.  It  is  regarded 
as  an  object  of  national  interest  from  its  position,  its  capabilities 
of  sustaining  a  vigorous  and  industrious  population,  and  of  open- 
ing to  our  enterprising  citizens  new  avenues  to  the  trade  and  com- 
merce of  the  world.  It  belongs  to  the  nation — lo  the  people  of 
the  United  States,  as  an  organized  community.  It  is  for  us,  act- 
ing as  their  representatives,  discarding  our  sectional  feelings,  and 
regarding  it  as  a  national  question,  to  judge  of  what  will  most 
conduce  to  the  welfare  of  the  whole  people,  and  now — while  the 
territory  is  all  free — to  decide  for  all  time  to  come  whether  it  will 
promote  the  common  weal,  and  be  in  accordance  with  the  spirit  of 
our  institutions  to  plant  slavery  there,  or  to  exclude  it. 

Who  that  bears  in  mind  the  countless  blessings  that  have  been 
and  are  now  enjoyed  by  the  great  States,  whose  unexampled  pros- 
perity has  filled  the  once  north-western  territory  with  a  prospei* 
ous  and  happy  people,  and  added  so  much  to  the  wealth,  and  to 
the  strength  and  glory  of  this  republic,  in  consequence  of  the  ex- 
clusion of  slavery  by  the  ordinance  of  1787,  can  wish  to  deprive 
the  people  of  Oregon  of  the  opportunity  of  imitating  this  glorious 
example  ?  Have  we  not  a  common  interest  in  whatever  will  pro- 
mote the  prosperity  and  add  to  the  strength  of  our  possessions  on 
the  borders  of  the  Pacific?  Will  it  aid  us  in  the  performance  of 
our  common  duly  of  ilefending  them  Jigainst  foreign  aggression,  to 
introduce  what  Mr.  Madison  declared  to  be  ''an  element  ol  imbe- 
cility and  weakness"  in  their  midst  ?  Would  it  not  tend  to  in- 
crease, as  it  has  done  elsewhere,  the  danger  of  war  with  the  sur- 
rounding Indian  tribes,  as  well  as  with  the  people  of  the  adjoining 
territories  ?  And,  if  so — which  would  seem  to  be  quite  apparent — 
have  we  really  a  duty  imposed  upon  us  by  tlie  constitution,  to  ex- 
tend and  sustain  the  institution  of  slavery  from  the  shores  of  the 
Atlantic  to  the  Pacific  ocean  ?  Is  that  the  guarantee  which  is 
found  in  the  constitution  ? 

No,  sir  ;  it  is  our  duty  to  exercise  the  powers  conferred  by  the 
constitution  for  the  promotion  of  the  greatest  good  of  the  people 
of  the  United  States,  in  harmony  with  those  great  principles  of  hu- 
man right  and  liberty,  which  this  whole  people,  as  a  people,  have 
united  to  declare  and  establish.  Those  principles  can  never  au- 
thorize Congress  to  create  slavery,  or  any  other  institution  found- 
ed in  violation  of  the  laws  of  nature,  nor  to  disturb  the  compromises 
of  the  constitution  by  laying  the  foundation  for  the  establishment, 
in  the  free  territories  of  the  Union,  of  new  Slates  to  be  admitted 
with  a  slave  representation  to  increase  the  inequalities  already  ex- 
isting. 

Mr.  HALE  then  took  the  floor,  and  moved  that  the  further 
consideration  of  the  bill  be  postponed  until  Monday  ;  which  was 
agreed  to. 

Mr.  BADGER,  by  unanimous  consent,  submitted  the  following 
amendment,  which  he  proposed  as  a  substitute  for  the  amendment 
submitted  by  Mr.  Foote  this  morning  : 

Sec.  12  After  the  woril  "inlialiitanis"  inseit  the  following— "but  shall  not  be 
subject  to  thf  restriction  expres-sed  in  the  sixth  article  of  tlie  compact  contained  in 
tiieuidiiiance  of  seventeen  Inuulred  and  eighty  seven,  for  the  government  of  the  ter- 
ritory of  tlie  t'niled  Slates  northwest  of  the  river  Ohio." 

Mr.  FOOTE  said  that  this  amendment  was  the  result  of  a  con- 
ference between  the  Senator  from  North  Carolina  and  himself,  and 
accepted  it  as  a  modification  of  his  own. 

Ot.TB  FLAG    FROM  MEXICO. 

Mr.  DAYTON  submitted  the  following  resolution  for  considera- 
tion : 

Itesotved.  That  the  Vice  President  be  requested  to  have  the  flag  of  the  United 
Mates  hist  erected  by  the  American  armv  ujioii  the  Palace  in  the  capital  pf  Mexico, 
and  now  here  ii.esenled,  depo.ited  for  safe  keeping  lu  tlie  Department  of  State. 

Mr.  DAYTON  briefly  pointed  out  the  propriety  of  the  resolu- 
tion, and  showed  by  reference  to  precedents,  that  this  disposition 
ol  the  flag  was  in  accordance  wiih  the  established  practice  of 
Congress. 

The  resolution  was  agreed  to. 

EXECUTIVE    SESSION. 

On  motion  by  Mr.  HANNEGAN,  the  Senate  proceeded  to  the 
consideration  of  Executive  business  ;  and  alter  some  time  spent 
therein, 

The  Senate  odjourned. 


June  5. J 


PETITIONS— RESOLUTIONS,  ETC. 


703 


MONDAY,  JUNE  5,  1848. 


CREDENTIALS. 


Mr.  NILES  presented  the  credentials  of  the  Hon.  Roger  S. 
Baldwin,  elected  a  Senator  by  the  General  Assembly  of  the 
State  of  Connecticut,  to  fill  the  vacancy  occasioned  by  the  dcatli 
of  the  Hon.  Jabez  W.  Huntington;  which  were  read. 


The  oath  prescribed   by  law  havin" 
WIN,  he  took  his  seat  in  the  Senate. 


been   taken  by  Mr.  Bald- 


map  OF  OREGON  AND  CALIFORNIA, 

Mr.  BENTON  presented  to  the  Senate  a  map  of  Oregon  and 
California,  prepared  by  J.  C.  Fremont  in  obedience  to  a  resolution 

of  the  Senate. 

Mr.  BE.VTON  — At  the  session  of  the  Senate  before  the  last, 
an  order  was  passed  directing  the  compilation  of  a  map  of  Oreiron 
and  California,  from  materials  collected  by  Mr.  Fremont  in  his  first 
and  second  expedition,  and  also  such  as  lie  might  collect  in  his 
third  expedition.  The  map  has  been  compiled.  So  far  as  the 
materials  ejctond,  they  have  been  all  worked  up.  The  map  exhiii- 
its  the  western  part  of  this  continent  more  fully  and  perfectly  than 
it  has  ever  before  been  known.  Mr.  Fremont  takes  out  no  copyright 
for  any  thing  that  he  has  done.  The  map  was  prepared,  as  I  have 
said,  undei-  the  order  of  the  Senate,  and  now  awaits  its  disposi- 
tion. Believing  that  a  map  upon  a  reduced  scale  would  be  useful 
to  the  country,  Mr.  Fremont  has  furnished  also  a  projection  of  such 
a  map,  which  can  be  rcadiTy  lithographed  or  engraved.  Accompa- 
nying the  map  is  a  geographical  memoir  of  about  forty  or  fifty 
pages  which  illustrates  the  map,  and  is  intended  to  accompany  it. 
Having  brought  the  matter  to  the  notice  of  the  Senate,  I  will  olfer 
the  following  resolutions  ; 

Resoh^ed,  That  the   Secretary  of  the  Senate   be  authorized  to  contmct  for  litho- 

graphini;  and  iirinliiiK copies  of  J.  C.  Fremont's  map  of  f)ren;on  and  California. 

reduced  fioni  the  original  .iccordinfj  to  the  jtrojection  to  be  furnislied  hy  the  said  J.  C. 
Fremont. 

Resottmi,  Tliat  there  he  printed  for  the  use  of  the  Senate,  the  same  nnniher  of  co- 
pies of  -T.  C  Fremont's  ^e()<;rapliical  ini-nioir  on  Upper  l.'aliforiiia,  and  in  illnstration 
of  his  map  r»f  Oregon  and  (Jalihirnia;  tiie  manuseripi  ami  printing;  of  said  memoir  to 
be  subject  to  the  revision  and  eoireclion  of  the  autiior. 

The  Senate  proceeded  to  consider  said  resolution,  by  unanimous 
consent,  and  the  blank  in  the  first  resolution  having  been,  on  mo- 
tion by  Mr.  Bref.se,  filled  with  "  twenty  thousand,"  they  wore 
agreed  to. 

HESOLtJTIONS  OF  THE  LEGISLATURE  OF  RHODE  ISLAND. 

Mr.  CLARKE  presented  a  resolution  passed  by  the  Legislature 
of  the  State  of  Rhode  Island,  requesting  the  Senators  and  Repre- 
sentatives of  that  Stale  in  Congress,  to  urge  upon  that  body  the 
abolition  of  slavery  in  the  District  of  Columbia,  or  the  immediate 
removal  of  the  seat  of  government  of  the  United  States  within  the 
limits  of  some  one  of  the  non-slaveholding  States;  which  was  read, 
laid  upon  the  table,  and  ordered  to  be  printed. 

PETITIONS. 

Mr.  BORLAND  presented  a  memorial  of  citizens  of  Arkansas 
praying  the  purchase  of  Mount  Vernon  by  the  government;  which 
was  referred  to  the  Committee  on  Military  Afiairs. 

Mr.  DOWNS  presented  the  petition  of  Robert  W.  Richardson, 
praying  the  confirmation  of  his  title  to  a  tract  of  land;  which  was 
referred  to  the  Committee  on  Private  Land  Claims. 

Mr.  BENTON  presented  a  petition  of  citizens  of  Missouri, 
praying  the  establishment  of  a  Western  Armory  at  Cape  Girar- 
deau in  that  State;  which  was  referred  to  the  Committee  on  Mili- 
tary Affairs. 

fvACANCT  IN  THE  JtJDICIARY  COMMITTEE.       ■ 

On  motion  by  Mr.  DOWNS,  it  was 

Ordered,  That  the  Presiding  Officer  fill  the  vacancy  in  the 
Committee  on  the  Judiciary  occasioned  by  the  absence  of  Mr. 
MooH. 

land  district  in  LOUISIANA. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  to  attach 
a  portion  of  the  North-western  Land  District  of  Louisiana,  to  the 
District  north  of  Red  river,  Louisiana,  reported  it  without  amend- 
ment, and  asked  for  its  immediate  consideration. 

The  Senate  proceeded  to  consider  the  said  bill  as  in  Committee 
of  the  Whole,  and  no  amendment  being  made  it  was  reported  to 
the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Kesotrtd,  That  this  Vill  pass. 


Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

increase  of  the  medical  corps  of  the  navy. 

On  motion  by  Mr.  MILLER,  the  prior  orders  were  postponed 
and  the  bill  for  the  increase  ot  the  medical  corps  of  the  Navy  was 
rcjd  the  second  time,  and  considered  as  in  Committee  of  the 
Whole. 

Mr.  BREESE. — Will  the  the  honorable  Senator  be  good  enough 
to  explain  the  necessity  for  the  bill  ? 

Mr.  MILLER. — It  may  be  shortly  explained  by  a  reference  to 
a  letter  of  the  Secretary  of  the  Navy.  Owing  to  the  severe  ser- 
vice retpiired  of  the  medical  corps  during  the  last  two  years,  that 
corps  has  been  reduced  lo  such  an  extent,  that  there  is  not  now  a 
sufficient  number  of  medical  otficers  to  perform  the  service.  Many 
of  the  suigcons,  and  assistant  surgeons,  arc  returning  from  the 
service  in  such  a  condition  that  it  is  impossible  that  they  can  be 
.ngain  employed  for  a  length  of  time.  I  will  send  to  the  chair  a 
letter  from  the  head  of  the  Bureau,  addressed  to  the  Committee  on 
Naval  Affairs. 

The  letter  was  read  by  the  Secretary. 

Mr.  BREESE  moved  to  amend  the  hill  by  inserting  after  the 
word  "President"  the  words  ''by  and  with  the  advice  and  consent 
of  the  Senate  ;"  which  was  agreed  to. 

No  further  amendment  being  made,  the  bill  was  reported  to  the 
Senate,  and  the  amendment  was  concurred  in. 

Ordered,  That  this  bill  be  engrossed  and  read  a  third  time. 
The  said  bill  was  read  a  third  time,  by  unanimous  consent. 
RcsoU-Cfl,  That  tliis  I)iII  pass,  and  that  the  title  thereof  he  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President :  The  President  of  tlie  United  States  approved  and  signed,  the  3lBt 
of  IVIav.  l!ie  bill  entitled  "An  act  making  appropriations  for  the  support  of  the  Mill- 
laiy  Academy  for  tlie  year  ending  the  3()th  of  June  1849 ;"  and.  the  ijd  instant,  the 
hill  entiiled  "An  act  to  refund  money  for  expenses  incurred,  subsistence,  or  transpor- 
tation furnished  for  the  use  of  the  volunteers,  dnrins  the  present  war,  before  being 
mustered  into  the  service  of  the  United  States." 

JUDICIAL    POWERS    TO    MINISTERS    AND    CONSULS. 

Mr.  DAVIS,  of  Massachusetts,  moved  that  the  prior  orders  be 
postponed,  and  that  the  Senate  proceed  to  the  consideration  of  the 
bill  to  carry  into  clfect  certain  provisions  of  the  treaties  between 
Ihe  United  States  and  China  and  the  Ottoman  Porte,  giving  cer- 
tain judicial  powers  to  ministers  and  consuls  of  the  United  States 
in  these  countries. 

Mr.  DIX. — This  is  a  measure  of  great  importance,  and  I  wouM 
say  to  the  Senator  from  Massachusetts  that  it  ought  to  be  eonsi- 
tiered  in  a  full  Senate. 

Mr.  DAVIS,  of  Massachusetts. — The  Chairman  of  the  .ludici- 
ary  Committee  is  desirous  of  speedy  action  on  the  bill. 

Mr.  BUTLER. — I  am  in  favor  of  the  consideration  of  this  bill. 
If  it  is  to  be  .acted  upon  at  all,  it  ought  to  be  passed  at  this  ses- 
sion.    It  is  an  important  subject  and  should  not  be  delayed. 

Mr.  DAYTON. — I  have  no  special  objection  to  the  considera- 
tion of  this  bill,  beyond  that  which  connects  itself  with  the  business 
before  the  Judiciary  Committee  generally.  There  are  a  number 
of  bills  that  have  been  reported  from  that  committee  which  are 
important.  One  reported  by  myself,  concerning  the  surrender  of 
fugitives  from  justice,  is  particularly  so.  I  have  not  moved  in  the 
matter,  but  have  left  it  take  its  course  on  the  calendar.  If  the 
business  of  the  Judiciary  Committee  is  to  be  taken  up  out  of  its 
course,  I  think  the  order  of  the  business  as  reported  by  the  com- 
mittee ought  lo  be  observed. 

The  question  being  put  on  the  motion  to  take  up,  a  divioion 
was  called  for,  which  resulted  :  ayes  9  ;  noes  14. 

No  quorum  voting — 

Mr.  BADGER  demanded  the  yeas  and  nays. 

They  were  ordered. 

Mr.  WESTCOTT  —I  am  perfectly  willing  to  take  up  this  bill 
whenever  the  Senate  is  full,  for  I  think  it  is  one  of  those  bills  which 
require  that  every  member  of  the  Senate  should  be  present.     I 


704 


PATENT  OFFICE  REPORT. 


[Monday, 


do  not  agree  with  the  honorable  Senator  from  Massachusetts,  that 
the  bill  will  not  give  rise  to  discussion.  I  regardil  as  one  of  the  most 
important  questions  that  can  bo  presented  to  Congress.  I  do  not 
think  a  more  flagrant  violation  of  the  constitution  can  be  perpe- 
trated, than  to  establish  courts  in  a  foreign  country,  and  give  ple- 
nary powers  to  our  judges  there.  It  appears  to  me  to  be  a  start- 
ling proposition.  It  may  be  that  I  do  not  understand  it,  though  I 
have  read  the  bill  attentively.  It  may  be  that  I  do  not  yet  under- 
stand how  it  is  to  be  carried  into  operation.  I  certainly  look  upon 
it  as  a  most  pernicious  bill,  and  hope  it  will  not  be  taken  up  until 
there  is  a  full  Senate. 

Mr.  DAVIS,  of  Massachusetts. — The  question  is  merely  whe- 
ther you  will  do  your  own  hanging  or  let  the  Chinese  do  it. 

Mr.  CAMERON. — I  have  no  particular  objection  to  the  conside- 
ration of  this  bill,  but  I  think  the  business  ought  to  be  taken  up  in 
its  regular  order. 

The  question  being  put  upon  the  motion  to  proceed  to  the  con- 
sideration of  the  bill,  It  was  determined  in  the  negative  as  fol- 
lows : 

YEAS.— Messrs.  Atchison,  Allierton,  Badger,  Baldwin,  Berrien.  Butler,  Davis,  of 
Massachiisetta,  Downs,  Hunler,  Miller,  Niies,  Spniance,  Underwood,  Upliam,  and 
VVebsler.— 15. 

N.\YS. — Messrs.  Benton,  Borland.  Bradbnry,  Breese,  Callionn,  Cameron,  Daiis, 
of  Mississippi,  Dayton,  Dicltinson,  Dix,  Felch,  Lewis,  Rusk,  Sebastian,  Turney. 
Westcott,  and  Ynlee.— 17. 

P.\TENT    OFFICE    REPORT. 

Mr.  BADGER  moved  that  the  Senate  proceed  to  the  conside- 
ration of  the  resolution  heretofore  submitted  by  him,  ordering  the 


printing  of  20,000  copies  of  so  much  of  the  annual  report  of  the 
Commissioner  of  Patents,  as  had  been  ordered  to  be  printed  by 
the  House  of  Representatives. 

Mr.  WESTCOTT  desired  that  the  resolution  should  be  de- 
ferred until  the  public  printer  should  have  laid  upon  their  tables, 
as  he  had  promised  to  do,  a  bound  copy  of  the  work  referred  to  by 
the  resolution,  which  bad  been  prepared  for  the  House  of  Repre- 
sentatives, in  order  that  they  might  examine  the  work. 

Mr.   BADGER. — Every  body  has  seen  them. 

Mr.  WESTCOTT.— I  have  not. 

Mr.  BADGER. — But  the  session  is  drawing  to  a  close. 

Mr.  WESTCOTT.— It  will  occasion  no  delay. 

Mr.  CALHOUN. — I  do  hope  we  shall  know  something  about 
the  size  of  the  document  before  ne  order  it.  I  believe  the  Senate 
two  years  ago  ordered  a  somewhat  similar  document  which  cost 
them  about  ninety  thousand  dollars — a  document  made  up  of  scraps 
for  the  most  pait.  For  my  own  part  I  am  utterly  opposed  to  the 
whole  atlair.     I  hope  the  resolution  will  not  be  takeivup. 

After  some  further  conversation,  the  question  being  put,  there 
were  on  a  division  ayes  16  and  noes  7. 

No  quorum  voting — 

On  motion. 

The  Senate  adjourned. 


June  8.] 


PETITIONS— PRIVATE  BILLS,  ETCJ 


705 


THURSDAY,  JUNE  8,  1848. 


PETITIONS. 

Mr.  BADGER  presented  the  petition  <>{  Gaspard  Tochman, 
praying  the  passage  of  an  act  authorizing  a  change  of  the  venue 
of  certain  suits  to  which  he  is  a  party,  now  pending  before  the 
United  States  Circuit  Court  for  the  District  of  Columbia,  to  the 
United  States  Circuit  Court  for  the  District  of  Maryland  ;  which 
was  referred  to  the  Committee  on  the  Judiciary. 

Mr.  CALHOUN  presented  the  petition  of  Maria  Caldwell  Ro- 
bertson, representative  of  James  Caldwell,  deceased,  praying  the 
payment  of  certain  outstanding  loan  office  certificates  ;  which  was 
referred  to  the  Committee  on  Revolutionary  Claims. 

ADJOURNMENT  OVER. 

On  motion,  it  was 
Ordered,  That  when  the  Senate  adjourn  it  he  to  Monday  next. 

THE  SOUTHERN  MAIL. 

Mr.  PEARCE,  from  the  Committee  on  the  Post  Office  and 
Post  Roads,  to  whom  was  referred  the  resolution  of  the  Senate  of 
the  17th  January  last,  upon  the  subject,  submitted  a  report  ac- 
companied by  a  joint  resolution  to  authorize  and  require  a  renew- 
al of  a  contract  for  carrying  the  mail. 

The  joint  resolution  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

PRIVATE    BILLS,  ETC. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pensions, 
to  whom  the  following  joint  resolution  and  bills  from  the  House  of 
Representatives  were  referred,  reported  the  same  without  amend- 
ment : 

Joint  resolution  relative  to  evidence  in  applicalions  for  jien^iont.. 

An  act  for  Ihe  relief  of  Anna  Yarringlon. 

An  act  for  the  relief  of  Anna  Griflin,  of  the  countv  of  Wyoming,  Slate  of  New 
York. 

An  act  granting;  a  pension  to  Ruth  Hollenbace. 

An  act  for  the  relief  of  Eliza  A.  Mellon. 

An  act  ni.ikins  appropriations  for  Ihe  payment  of  nary  pensions  for  the  year  end- 
ing 3nth  June,  1849. 

An  act  for  the  relief  of  W'illiam  II.  Wilson. 

An  act  for  the  lelief  of  Amos  Bnll. 

An  act  for  the  relief  of  Manrice  R.  Simons. 

An  act  for  the  relief  of  Henry  N.  Halsted. 

An  act  for  Uie  relief  of  John  Famhanr. 

30th  Cong. — 1st  Session — No.  89. 


An  act  for  the  relief  of  Andrew  Flanagan. 

An  act  for  tire  relief  of  AVilIiam  Gotl. 

An  act  for  the  relief  of  Catharine  Hoffman. 

An  act  for  the  relief  of  Mary  Pike. 

An  act  for  the  relief  of  Gideon  A.  Perry. 

An  act  for  the  relief  of  Joseph  Taylor. 

An  act  for  the  relief  of  Mary  W.  Thompson. 

An  act  for  the  relief  of  John  Haup. 

CHANGE    OF    REFERINCE. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered,  That  the  Committee  on  Pensions  be  discharged  from 
the  further  consideration  of  the  report  of  the  Secretary  of  the  Na- 
vy, communicating  papers  filed  by  Mary  Cassin,  in  her  applica- 
tion for  a  pension;  also  from  the  further  consideration  of  the  fol- 
lowing bills  : 

An  act  for  the  relief  of  William  Butler ; 
An  act  for  the  relief  of  Robert  Ramsay  ; 

and  that  the  same  be  referred  to  the  Committee  on  Naval  Affairs. 

PRIVATE  bills. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
were  referred  the  petition  and  documents  relating  to  the  claim  of 
Charity  Herrington,  reported  a  bill  for  the  relief  of  Charily  Her- 
rington;  which  was  read  and  passed  to  a  second  reading. 

Mr.  BREESE,  from  the  same  committee,  to  whom  was  re- 
ferred the  petition  of  William  L.  Wigent,  reported  a  bill  for  the 
relief  of  William  L.  Wigent,  which  was  read  and  passed  to  a 
second  reading. 

THE    JEFFERSON   PAPERS. 

Mr.  MASON,  from  the  Committee  on  the  Library,  to  whom 
was  referred  the  memorial  of  Thomas  J.  Randolph,  submitted  a 
report,  accompanied  by  a  bill,  authorizing  the  purchase  and  pub- 
lication of  the  papers  and  manuscripts  of  the  late  Thomas  Jef- 
ferson. 

The  bill  was  read  and  passed  to  the  second  reading. 
Ordered,  That  the  report  be  printed. 

EXECUTIVE    SESSION. 

The  Senate  proceeded  to  the  consideration  of  Executive  business; 
and  after  some  time  spent  therein, 

On  motion, 

The  Senate  adjourned. 


706 


PETITIONS— RESOLUTIONS,  ETC. 


I  Monday, 


MONDAY,  JUNE  12,  1848. 


MESSAGE   FROM   THE   rBESIDENT. 

The  followinj  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary  : 


Ta  ike  Senate  of  the  United  States  : 

I  comir.unicate  herewith  a  leporl   from  the  Secretary  of  State,  together  ■ 
accomitanyiog  docr^mcnta,  in  com;iliaiice  with   the  resolution  of  the  Senate 


.■ith  the 
of  the 


3!st  ultimo,  "requesting  the  Preii'lent  to  communicate  the  correspondence  (not  here- 
tofore communicated.)  between  the  Secretary  of  State  and  the  Minister  of  the  Ignited 
States  at  Paris,  since  the  recent  change  in  the  government  of  France." 

JAMES  K.  POLK 
Washinjton,  June  IS.  1848. 

The  message  having  been  read — 

On  motionlby  Mr.  MASON,  it  was 

Ordered,  That  it  be  printed,  and  that  five  thousand  copies,  in 
addition  to  the  usual  number,  be  printed  for  the  use  of  the  Senate. 

CREDENTIALS. 

Mr.  BRADBURY  presented  the  credentials  of  the  Hon.  Ha.v. 
NiBAL  Hamlin,  elected  a  Senator  by  the  Legislature  of  the  State 
of  Maine,  to  fill  the  vacancy  occasioned  by  the  decease  of  the 
Hon.  John  Fairfield;  which  were  read. 

The  oath  prescribed  by  law  having  been  administered  to  Mr. 
Hamlin,  he  took  his  seat  in  the  Senate. 

REPORT  FROM  THE  WAR  DEPARTMENT. 

The  PRESIDENT,  pro  tempore,  laid  before  the  Senate  a  com- 
munication from  the  Deparlment  of  War,  in  answer  to  a  resolu- 
tion of  iho  Senate  of  the  2Stli  of  April  last,  in  regard  to  the  ex- 
penses  of  the  national  armories,  the  cost  of  arms,  and  the  quan- 
tity of  arms  made,  procured,  condemned  and  sold;  which  was 
read. 

Ordered,  That  it  lie  on  the  table. 

PETITIONS. 

Mr.  WEBSTER  presented  the  petition  of  Daniel  G.  Ingra- 
ham,  heir  and  legal  represenlaiive  of  Joseph  Ingraham,  deceased, 
praying  compensation  for  certain  manuscript  journals  of  two 
voyages  to  the  noithwest  coast  of  America,  in  1787  and  1791, 
■which  wei-o  used  for  ihe  purpose  of  substantiating  the  claims  of 
the  United  Slates  to  territory  on  that  coast;  which  was  referred 
to  the  Coniminee  on  Foreign  Relations. 

Mr.  JOHNSON,  of  Maryland,  presented  two  memorials  of  offi- 
cers (iiiil  non.coinmissioned  officers  of  the  District  of  Columbia  and 
Mai  viand  regiment  of  voiunteers  in  Mexico,  contradicting  certain 
allegaiiims,  contained  in  a  memorial  of  Charles  Lee  Jones  to  Con- 
gress, against  the  conduct  of  the  officer  commanding  that  regi- 
ment, and  praying  that  an  investigation  of  the  matter  may  be  di- 
recled  by  Congress  ;  which  were  referred  to  the  Coinmittee  on  • 
Mililary  Affuirs. 

Mr.  DICKINSON  presented  the  memorial  of  George  C.  De 
Kay,  praving  the  reiinbursoment  of  money  expended  by  him  on  ao- 
oonni  of  the  frigate  Macedonian,  while  employed  in  transportinfj 
provi-vions  for  the  relief  of  the  distressed  population  of  Ireland  ana 
Scotland  :  which  was  referred  to  the  Committee  on  Naval  Affairs. 

Mr.  BRADBURY  presented  the  petition  of  Isaac  Davenport, 
heir  of  Joseph  Davenport,  deceased,  a  revolutionary  soldier,  pray- 
ing to  be  allowed  a  pension  ;  which  was  referred  to  the  Commit- 
tee on  Pensions. 

Mr.  DAVIS,  of  Mississippi,  presented  the  memorial  of  James 
Ferroll,  a  soldier  in  the  Mexican  war,  praying  an  increase  of  pen- 
sion ;  which  was  referred  to  the  Committee  on  Pensions. 

Mr.  BRADBURY  presented  a  petition  of  citizens  of  Maine, 
praying  the  discontinuance  of  the  mail  from  Weld  to  Andovor,  and 
the  cstalilishment  of  a  mail  route  from  Mexico  to  Byion  in  that 
State  ;  which  was  referred  to  the  Committee  on  the  Post  Office 
and  Post  Roads. 

Also,  the  petition  of  the  heirs  of  Isaac  Worthen,  deceased,  a 
revolulionary  soldier,  praying  to  be  allowed  arrearages  of  pen- 
sion ;  which  was  referred  to  the  Committee  on  Pensions. 

Mr.  D.'^.YTON  presented  a  memorial  of  citizens  of  Trenton, 
New  Jersey,  praying  the  removal  of  obstructions  in  Iho  Delaware 
river  ;  which  was  referred  to  the  Committee  on  Commerce. 

Mr.  WESTCpTT  presented  the  memorial  of  George  Coleo, 
Postmaster  at  Pieolata,  in  Easi.  Florida,  praying  an  increase  of 
coinpensniion  ;  which  was  referred  to  the  Committee  on  the  Post 
Office  and  Post  Roads. 


On  motion  by  Mr.  ATHERTON,  it  was 


Ordered,  That  the  heirs  of  Phineas  Babeock  have  leave  to  witli' 
draw  the  documents  relating  to  their  claim. 

THE  WAR  CORRESPONDENCE. 

Mr.  BADGER  submitted  the  following  resolution  for  conside- 
ration : 

Jicno/vfJ.^  That  there  be  printed  for  the  use  of  the  Senate copies  of  Expcottve 

docutneni  Xo.  GO  of  the  Hou^e  of  Representatives  of  the  present  session,  entitled  the 
Mctican  war  correspondence. 

CHARGE  OF  THE  CAPITOL  AND  GROUNDS. 

Mr.  BADGER  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  : 

licsotvCil,  That  the  Commi'.tee  on  Public  Buildin"5  be  instructed  to  inquire  into 
the  expediency  of  trsosfer  iii^-  to  the  Secretary  of  the  Senate  and  Clerk  of  the  House 
of  Representatives  all  the  dniies  and  powers  now  vested  iu  or  exercised  by  the  Com- 
missioner of  Public  TJuildiugs,  so  far  as  respects  the  capito!  and  the  gtounds  apper- 
taining to  IJie  same,  and  the  persons  therein  employed. 

MESSAGE  FROM  THE  HOtJSE. 

The  fallowing  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  Picsident :  The  Hou.^e  of  Representatives  has-e  passed  a  resolution  fising  a 
time  for  the  adjournment  of  the  present  session  of  Congress  ;  in  which  thev  request 
the  concurrence  of  the  .Senate. 

They  have  also  passed  a  resolution  to  cause  the  lamp  and  statfto  be  removed  from 
the  dome  of  the  capitol  :  in  which  they  request  the  concurrence  of  the  Senate. 

The  S|ieaker  of  the  House  of  Representatives  having  signed  an  enrolled  bill,  1  am 
dijected  to  bring  it  to  the  Senate  for  the  signature  of  their  President. 

SIGNING    OF    A    BILL. 

The  PRESIDENT,  pro  tempore,  signed  the  enrolled  bill  of  the 
House  of  Representatives  entitled  "An  act  to  appropriate  the 
proceeds  of  the  public  lands  and  to  grant  pre-emption  rights." 

RETIRED    LISTS    FOR   THE    ARMY    AND   NAVT. 

On  motion  by  Mr.  YULEE,  the  prior  orders  were  postponed 
and  the  Senate  proceeded  to  consider  the  bill  "to  increase  the  ef- 
ficiency of  the  army  by  a  retired  list  for  disabled  officers,"  and  the 
bill  "to  promote  the  efficiency  of  the  Navy." 

Mr.  YULEE  moved  that  said  bill  be  referred  to  a  select  com- 
mittee. 

The  further  consideration  of  the  subject  was  postponed  until  to. 
morrow. 

JACKSON   AND    BRANDON    RAILROAD. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 

was  referred  the  bill  from  the  House  of  Representatives  to  amend 

an  act  entitled    "An  act  to  appropriate  the  proceeds  of  the  sales 

of  the  public   lands,"    approved  September  4,  1841,   reported   it 

.  without  amendment. 

On  motion  by  Mr.  DAVIS,  of  Mississippi,  the  prior  orders  were 
postponed,  and  the  Senate  proceeded  to  consider  the  said  bill  as  in 
Committee  of  the  Whole. 

No  amendment  being  made,  the  bill  was  reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Rssoh'cd,  That  this  bill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

PRIVATE    BILLS. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
were  referred  the  following  bills  from   the  House  of  Representa- 
tives, reported  them  without  amendment: 
An  act  for  the  relief  of  John  Ozias. 

An  act  authorizing  the  Secretary  of  War  to  i^^ue  a  duplicate  of  land  warrant  No. 
14(i9.  which  originally  issued  in  fiivor  of  Adam  Hart,  Fehrnary  3d,  1829. 

An  act  extending  to  John  WhitselPs  heirs  the  privilece  of  purchasing  a  quarter  sec- 
tion of  land  which  was  given  to  him  by  an  act  a|iproved  iMarch  2d,  1839. 

Mr.  JOHNSON,  of  Louisiana,  from  tho  Committee  on  Pen- 
sions, to  whom  was  referred  the  petition  of  John  Leroy,  submit- 
ted a  report  accompanied  by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  tho  report  bo  printed. 

Mr.  JOHNSON,  of  Louisiana,  from  the  same  committee,  tD 
whom  was  referred  the  bill  from  the  House  of  Representatives  for 
the  relief  of  Fielding  G.  Brown,  reported  it  with  an  amendment. 


June  12.] 


PATENT  OFFICE  REPORT. 


707 


THE    PATENT    OFFICE    REPORT. 

The  Senate  proceeded  to  consider  the  motion  submitted  by  Mr. 
BADGER,  on  the  19th  ult.,  that  20.000  copies  of  so  much  of  the 
annual  report  of  the  Commissioner  of  Patents  received  during  the 
present  session  as  has  been  printed  by  the  House  of  Representa- 
tives, be  printed  for  the  use  of  the  Senate. 

Mr.  WESTCOTT    moved    to  amend  the  same  by  striking  out 
'twenty  thousand"  and  inserting  "fifty  thousand,"  and  adding  at 
the  end  thereof  the  following  : 

— "to  be  bonnil  in  like  mannei;  and  also  tive  thousand  copies  of  the  residue  of  said 
re|>ort  containing  the  laws  relatinrr  to  Patents,  and  the  legal  decisions  thereon;  and 
that  one  thousand  copies  of  each  be  given  to  tiie  Commissioner  of  Patents  for  distri- 
bution." 

Mr.  WESTCOTT.— I  hold  in'my  hand  the  book  which  has 
been  prmted  under  the  resolution  of  the  House,  and  which  I  pro- 
pose  snail  be  bound  in  like  manner  as  this  volume  is,  for  the  use  of 
the  Senate.  The  House  has  ordered  100,000  copies,  and  I  pro- 
pose that  we  shall  have  half  that  number.  The  work  has  been 
considerably  abridcred,  and  the  printing  will  not  cost  over  thirty- 
seven  and  a  half  cents  per  copy. 

Mr.  CALHOUlsr.— The  Commissioner  of  Patents,  I  believe, 
has  already  more  duties  than  he  can  attend  to.  If  gentlemen  pro- 
pose to  divide  the  duties  of  the  department,  and  have  one  individ- 
ual to  attend  to  the  internal  afTairs,  bo  it  so.  But  I  ask  them  to 
reflect  before  burlhening  the  Commissioner  with  duties  which  he 
cannot  perform.  With  regard  to  the  merits  of  this  work  I  will 
not  express  any  opinicn  at  present,  but  will  content  myself  with 
asking  for  the  j'eas  and  nays  upon  the  motion. 

Mr.  HALE. — I  shall  have  to  vote  against  the  amendment,  and 
against  the  original  resolution,  whether  amended  or  not.  Since 
we  have  got  into  this  book-making  business,  applications  from  all 
quarters  are  multiplying,  and  we  shall  find  rather  a  serious  diffi- 
culty in  supplying  all  the  demands,  as  it  is  to  be  done  prratuitously. 
Solomon  said,  '"tn  the  making  of  books  there  is  no  end!"  It  strikes 
me,  that  in  his  time  there  was  no  beginning,  in  comparison  with 
■what  we  have  at  present.     I  am  opposed  to  the  whole  of  it. 

Mr.  BADGER. — I  have  the  misfortune  on  this  occasion  to  dif- 
fer with  the  honorable  tioiiator  from  New  Hampshire,  and  I  regret 
that  his  zeal  for  preventing  the  publication  of  information  for  the 
people  had  not  broken  forth  a  little  earlier.  I  regard  this  infor- 
mation as  of  more  value  to  the  people  of  the  United  States  than 
the  large  amount  of  political  matter  which  has  been  published 
from  time  to  time  by  Congress.  We  have  published,  I  think,  20,- 
000  copies  of  the  report  on  military  affairs  on  the  California  claims, 
and  we  have  ordered  a  large  number  of  copies  of  the  proeeedino's 
of  the  court  martial  m  the  case  of  Lieut.  Col.  Fretnont.  And"l 
think  it  must  be  admitted  that  the  people  of  the  United  States 
have  far  less  interest  in — far  less  desire  to  possess  those  papers 
than  the  report  now  proposed  to  be  printed.  For  myself,  I  can- 
not estimate  the  precise  value  of  these  papers.  I  am  neither  a 
farmer  nor  a  planter  ;  but  it  is  admitted  that  they  are  of  great 
value  to  the  a^i-iculturist,  and  1  do  not  think  that  an  expenditure 
of  money  could  be  made  that  would  be  more  advantageous  tn  the 
people  w'ho  are  engaged  in  industrial  pursuits  in  the  cultivation  of 
the  soil.  And  as  it  is  their  own  money  which  is  to  pay  for  t-he 
printing,  I  am  exceedingly  sorry  that  gentlemen  should  find  fault 
with  it.  The  Senator  from  South  Carolina  says,  if  we  propose  to 
establish  a  domestic  department,  let  it  be  done.  When  that  ques- 
tion comes  up  we  will  consider  it.  He  says  also,  that  the  duties 
of  the  Commissioner  of  the  Patent  Office  are  too  great.  If  so, 
let  them  be  reduced.  This  does  not  increase  (he  amount  of  his 
duty.  This  report  is  already  made  ;  and  it  will  not  increase  the 
labor  of  the  Commissioner,  or  promote  the  establishment,  directly 
or  indirectly,  of  any  home  office,  by  ordering  it  to  be  printed.  I 
will  not  go  into  the  propriety  or  impropriety  of  preparing  this  re- 
port ;  but  I  am  clearly  of  opinion,  that  having  been  prepared,  it  is 
desirable  that  it  should  be  printed. 

Mr.  CAMERON.— This  Patent  *6ffice  is  the  only  branch  of 
the  government  that  sustains  itself.  It  has  a  large  fund  to  its 
credit  in  the  Treasury  which  has  been  received  from  the  patentees 
of  inventions.  It  is  but  just  then,  that  a  portion  of  this  fund 
should  be  appropriated  to  such  a  purpose  as  will  benefit  the  very 
class  of  people  from  whom  it  was  derived,  and  they  are  chiefly  the 
farmers  and  mechanics  of  the  North.  This  document  is  one  of  pe- 
culiar interest  to  the  northern  portion  of  the  country.  I  receive 
communications  daily  Iroin  my  constituents  asking  when  it  is  to 
be  published.  We  publish  other  works  for  which  we  pay  thou- 
santJs  and  hundreds  of  thousands  of  dollars. 

Mr.  WESTCOTT. — Our  own  speeches  among  the  rest. 

Mr.  CAMERON. — Yes,  our  own  speeches,  a  thing  I  have  al- 
ways regarded  as  being  very  unwise,  and  I  hope  that  before  the 
session  is  over,  we  shall  put  a  stop  to  it.  But  the  subject  treated 
of  in  this  book  is  of  the  utmost  interest  to  our  farmers;  and  if  we 
publish  at  all,  I  think  that  50,000  will  not  be  too  large  a  number. 

Mr.  HALE.— The  Senator  from  North  Carolina  is  astonished 
that  I  should  interpose  an  objection  here,  because  I  had  interposed 
no  objection  to  the  printing  of  something  else.  Now,  it  is  exactly 
for  the  reason  that  the  printing  of  this  document  can  be  ob  ected 
to  without  rendering  the  person  who  objects  obnoxious  to  any  ac- 
cusation against  his  patriotism.  If  the  document  had  contained 
any  thing  politigal,  or  any  thing  relating  to  the  army  or  navy,  and 


I  had  objected  to  its  being  printed,  my  patriotism  would  probably 
have  been  impeached— I  would  have  been  set  down  as  being  in- 
diflerent  to  the  interests  and  glory  of  the  country;  but  here  is  a 
document  that  is  separate  and  distinct  from  all  such  considerations. 
About  its  merits  I  have  nothing  to  say,  nor  about  the  anxiety  of 
individuals  to  obtain  it.  But  there  are  many  other  books  that  the 
people  would  like  equally  well  to  obtain.  I  dare  say  if  you  were 
to  print  a  hundred  thousand  copies  of  Dicken's  last  novel,  it  would 
be  equally  sought  after.  One  word  in  regard  to  a  remark  of  the 
Senator  from  Pennsylvania.  He  says  this  moncv  ought  to  go 
back  to  the  inventors,  who  have  paitj  it  for  their  patenrs.  But  it 
is  not  proposed  by  this  resolution  that  it  shall  go  to  them  at  all. 
The  books  are  to  be  put  into  the  possession  of  members  to  be  dis- 
tribnted  amongst  their  friends.  I  think  the  system  is  wholly 
wrong.  If  the  people  want  the  book,  they  ought  to  procure  it  as 
they  do  all  other  valuable  books. 

Mr.  WESTCOTT. — I  wish  to  make  one  or  two  observations, 
in  order  to  correct  what  I  conceive  to  be  a  misapprehension.  The 
expense  incurred  in  printing  the  report  from  the  Patent  Office  last 
year  was  a  large  amount — I  believe  about  ninety  thousand  dollars 
— but  the  volume  was  more  than  twice  as  large  as  this,  and  the 
cost  was  more  than  one-third  more  for  each  page.  This  report, 
so  far  as  relates  to  agricultural  matters,  is  under  the  direction  of 
the  act  of  Congress,  which  prescribes  that  it  shall  not  exceed  three 
hundred  pages.  In  respect  to  the  objection  that  it  is  a  work  not 
necessary  to  be  printed  f*-  the  use  of  Congress,  I  will  atk  if,  in 
the  case  of  any  document,  of  which  we  order  ten,  twenty,  thirty, 
or  forty  thousand  copies  printed,  so  large  a  number  is  necessary 
for  the  use  of  Congress  alone.  We  piint,  at  the  beginning  of 
each  session,  the  Executive  message,  at  a  very  largo  expense,  to 
distribute  among  our  constituents.  For  what  purpose  ?  Why, 
to  give  them  political  information.  Sir,  I  desire  to  give  ihem  this, 
not  for  the  purpose  of  giving  them  pniiiical  information,  but  for 
the  purpose  of  relieving  them  from  what  has  become  nauseating- 
to  them.  In  relation  to  our  own  speeches,  we  pay  512,(100  a  year 
I  believe,  for  having  them  published.  But  this  book  is  inueh  mora 
valuable  to  the  people  than  our  debates.  They  will  read  it  with 
much  more  interest.  The  printing  of  the  additional  number  pro- 
posed here,  will  not  cost  any  thing  like  the  proportional  expense 
of  a  smaller  number.  I  have  been  informed  that  it  has  been  stereo- 
typed; and  the  expense  will  be  but  little.  I  am  induced,  however, 
at  the  suggestion  of  the  Senator  from  North  Carolina,  and  others, 
to  withdraw  my  amendment,  and  propose  30,000. 

Mr.  NILES. — I  supposed  that  this   ma.ter  had  been  settled  by 
the  action  of  the  Senate  some  years  ago.     It  was  verv  much  de- 
bated then,  and  it  seemed  to   be    the    general  sense  ol'  the  Senate 
that  the   whole    proceeding  was   wron;,   and    that    it   should  bo 
stopped.     I  supposed   that   appropriations  for    this   purpose  had 
been  abandoned.     My  objections  to  them  rest  upon  two  grounds. 
In  the  first  place,  it  is  an  abuse — there  never  has  been  any  law  to 
sanction   it;  and  in  the   next  place,  I  do  not  think  it  is  within  the 
proper  action  of  Congress  to  make  appropriations  for  printing  anil 
publishing  books  in  this  way.     If  any  thing  be  done  in  this  matter, 
it  should  be  by  constituting  a  board  or  bureau,  to  be  regulated  by 
law,  in  order  to  give  authenticity  to  its  proceedings.     The  present 
practice  is  altogether   too   loose   and  irregular.     It   grew   up    in 
this  way.     A  few    days    ago    the    Commissioner  of  Patents   was 
authorized  to  collect  agricultural  statistics,  and   very  soon  we  had 
placed   upon  our  table  a   book   of  400  pages,  the  whole  of  which 
might  have  been  contained  in  a  pamphlet  of  twenty  pages,  and 
was  so  intended  by  Congress.     The  Senate  was  startled  to  see  so 
large  a  document   produced   under  so  small  an  authority  as  that 
merely  authorizing  the  commissioner  to  collect  some  tables  of  sta- 
tistics on  the  subject  of  agriculture.     Now  we  have  a  report,  but 
not  so  voluminou.s  certainly,  of  the   same   character.     There  has 
been  no  authority  given  by  Congress  even  to  prepare  for  publica- 
tion such  a  report  as  this,  nor  is  there  any  proper  authority  on  the 
part  of  the  Senate  to  order  its  publication.     It  is  not  a  report  of 
the  action  of  any  bureau  or  branch  of  this  government.     It  has  no- 
thing to  do  with  the  service  of  the  government  in  any  of  its  parts, 
but    is  simply  a  book  of  agriculture.     It  may  be  a  valuable  book, 
but  the  question  is,   whether  it  belongs  to  the  Senate  to  publish 
such  a  book.     I  think  it  is  going  beyond  our  proper  duties.     The 
Senator  from   North   Carolina  says   that  it  is  more  valuable  than 
many  documents  that  we  publish.     That  may  be.     The  New  Tes- 
tament would  be  more  valuable  than  any  document  that  we  have 
ever  published.     But  that  is  not  the  point.     The  question  is,  whe- 
ther it  comes  within  our  province.     Book  making  is  not  our  busi- 
ness ;  and  if  we  publish  a  book  on  agriculture,  we  may,  with  the 
same  propriety,  publish  books  upon  all  other  subjects.     It  is  true, 
that  in  point  of  form  this  comes  to  us  as  a  report  of  one  of  the  offi- 
cers of  the  government,  but  it  does  not  come  within  the  dulies  of 
that  officer  ;  it  does  not  come  even  within  the  provision  for  collect- 
ing the  statistics.     This  volume  does  not  consist  of  statistics — it  is 
made  up  of  essays  on   the  subject  of  agriculture.     Being  in  the 
form   of  an  official  document,  it  seems  to  be  regarded  as  such, 
whereas  it  has  not  the  character  of  authenticity,  accuracy,  and  of 
truth,  which  belong  to  such  a  document.    It  giues  statistics  in 
part  of  the  agriculture  and  trade  of  the  country,  but  how  are  they 
obtained  ?     From  no  official  sources.     They  are  mere  voluntary 
contributions  made  to  this  officer  by  his  correspondents.    There  is 
nothing  here  of  that  authentic  character  «  hicji  entitles  it  to  publio 
confidence  as  a  publio  document.    We  are  told  that  lOJ.OOO  copies 
have  been  ordered  by  the  House.    That,  I  think,  is  ^utie  si^cient, 


708 


PATENT  OFFICE  REPORT. 


[Monday, 


and  the  Senate  having  a  few  years  ago  repudiated  this  whole  pro- 
ceiding,  I  hope  we  shall  adhere  to  that  course. 

Mr.  CALHOUN.— It  is  said  that  the  money  that  is  to  be  ap- 
propriated for  the  printing  of  this  book  is  to  be  taken  from  alund 
that  has  been  collected  from  inventors  in  payment  for  their  )ia- 
tents,  the  cost  of  each  patent,  I  believe,  being  about  $30.  This 
fund  is  set  apart,  and  out  of  this  we  now  propose  to  print  tins  book 
for  distribution.  Now,  I  put  the  question,  what  right  have  we  to 
take  from  the  inventors  this  sum,  and  to  give  it  to  any  one  portion 
of  the  country  ?  If  the  expenses  of  the  office  do  not  require  that 
the  fees  be  so  high,  why  not  reduce  them  ?  Why  should  we  sac- 
rifice one  class  of  people  to  benefit  another  class  ?  It  is  said  that 
this  is  for  the  benefit  of  the  farmers  and  planters.  How  many  will 
it  benefit  ?  Fifty  thousand  is  but  a  small  portion  of  the  whole 
number  of  agriculturalists  m  this  country.  Vou  propose  to  take 
the  expenses  out  of  a  fund  collected  from  one  class  of  individuals 
in  the  community  and  bestow  it  upon  a  small  portion  of  another 
class.  You  have  just  about  as  much  right  to  do  this  as  you  have 
to  take  the  money  out  of  the  Treasury.  I  put  it  solemnly  to  the 
Senator  from  North  Carolina,  whether  he  can  justify  himself  in 
taking  it  out  of  this  fund  ? 

Mr.  WESTCOTT.— Will  the  honorable  Senator  allow  me  a 
single  remark  ^  The  Senator  from  Pennsylvania  was  mistaken  in 
re'^ard  to  one  fact  to  which  the  Senator  from  South  Carolina  has 
adverted.  The  expense  of  printing  this  book  is  not  to  be  paid  out 
of  the  Patent  Office  fund,  but  out  of  flie  contingent  fund  of  the 
Senate.  Nevertheless,  it  is  true,  as  the  Senator  stated,  that  there 
is  a  large  balance  in  favor  of  the  Patent  Office  in  the  Treasury. 

Mr.  CAMERON. — It  is  true,  this  expense  will  be  paid  out  of 
the  contingent  fund  of  the  Senate,  but  a  large  fund  has  been  col- 
lected from  inventors,  and  1  am  prepared  to  go  not  only  with  the 
Senator  from  South  Carolina  to  reduce  the  fees  of  that  office,  but 
also  to  make  some  disposition  of  the  funds  that  have  been  thus  col- 
lected, 

Mr.  CALHOUN. — I  do  not  know  where  this  money  is  to  come 
from,  but  I  believe  firmly,  that  it  is  to  be  taken  from  that  fund.  I 
ask  the  Senator  to  inform  me  what  has  become  of  that  fund,  if  it 
is  set  apart  by  law  and  does  not  go  into  the  common  treasury  ? 
But  be  that  as  it  may,  we  are  not  to  take  money  out  of  the  trea- 
sury to  give  it  to  one  particular  class  of  citizens,  to  make  a  mere 
donation  to  a  particular  class  of  individuals.  Sir,  the  whole  thing 
is  wrong.     It  is  unjust. 

Mr.  BADGER. — The  Senator  from  South  Carolina  looks  upon 
these  appropriations  of  money  for  disseminating  information,  as 
being  improper.  It  is  unfortunate  that  the  Senator  should  differ 
entirely  from  both  Houses  of  Congress.  Congress  has  been  con- 
stantly engaged  in  placing  information  before  the  American  peo- 
ple; and  I  have  heard  no  answer  yet  to  my  question,  why  we  or- 
dered the  printing  of  so  large  a  number  ol  those  voluminous  re- 
ports, that  of  the  Committee  on  Military  Affairs,  and  the  trial  of 
the  court  martial  in  the  Fremont  case. 

Mr.  CALHOUN. — I  rose  in  my  place  at  the  time,  and  stated 
my  positive  and  decided  objection. 

Mr.  BADGER. — Did  the  Senator  call  for  the  yeas  and  nays? 
,Mr.  CALHOUN.— No. 

Mr.  BADGER. — Well,  then,  he  merely  took  occasion  to  state 
his  opposition.  Now  here  it  is  proposed  to  publish  valuable  infor- 
mation, and  the  Senator  from  South  Carolina  supposing  that  the 
money  is  to  be  taken  out  of  the  Patent  Office  fund,  opposes  it  on 
the  ground  of  injustice.  But  it  turns  out  that  we  are  taking  it 
out  of  the  contingent  fund  of  the  Senate.  It  is  money  belonging 
to  the  American  people,  and  it  is  to  be  devoted  to  furnishing  thera 
information.  But  the  Senator  from  South  Carolina  objects  also, 
because  it  is  impossible  to  put  the  book  into  the  hands  of  every 
man  in  the  United  States.  If  that  argument  is  good  for  anything, 
it  will  apply  equally  to  every  document  that  we  publish.  We  dif- 
fuse the  information  as  widely  as  the  nature  of  the  case  will  ad- 
mit. This  is  desired  by  the  people  a  great  deal  more  than  the 
President's  message  and  documents,  and  the  expense  is  to  be  paid 
out  of  their  money.  I  think,  therefore,  that  it  would  be  very  well 
for  the  Senate  to  gratify  them. 

Mr.  JOHNSON,  of  Louisiana.— I  consider  this,  of  all  the  docu- 
ments published  by  Congress,  to  be  the  most  important  to  the 
mass  ol  the  people  of  this  country,  and  it  certainly  seems  to  ine 
strange  that  the  Senate  should  refuse  to  print  it.  I  think  that  a 
very  large  number  ought  to  be  printed.  I  have  had  numerous  ap- 
plications from  my  constituents  for  copies  of  this  document. 

Mr.  CALHOUN,— With  regard  to  the  California  report,  when 
that  report  was  presented  here  by  the  honorable  Senator  from  Mi- 
chigan, chairman  of  the  Committee  on  Military  Affairs,  I  objected 
to  the  printing  of  the  large  number  proposed.  Mr.  Cass  rose  and 
stated  that  it  was  a  most  important  document,  and  that  it  was  ne- 
cessary to  the  understanding  of  the  claims,  and  the  printing  was 
accordingly  ordered.  But  there  is  a  vast  distinction  between  a 
document  which  Las  a  direct  bearing  upon  the  action  of  Congress, 
and  one  which  has  not.  What  act  of  legislation  is  ever  expected 
to  grow  out  of  this  report  of  the  Commissioner  of  Patents  ?  With 
regard  to  subjects  connected  with  legislation,  it  is  necessary  that 
documents  should  be  printed  to  enable  our  constituents — at  least 
the  intelligent  portion  of  thera — to  cmderstand  how  we  perform  our 
duly  here.    It  is  said  that  thiii  Jucumont  ia  sought  for  by  th«  peo- 


ple, and  that  its  publication  will  be  popular.  No  doubt  it  will  be 
popular  with  those  who  get  the  books,  but  will  it  be  so  with  the 
people  from  whom  the  money  comes  with  which  the  expense  is  to 
be  paid.  The  tax-paying  part  of  the  people  have  a  right  to  know 
what  is  going  on  here,  but  this  is  not  the  sort  of  document  that 
will  inform  them. 

Mr.,  UNDERWOOD.— I  hope  this  document  will  be  printed, 
and  I  hope  it  will  not  only  be  printed  as  it  now  is,  but  that  the  Se. 
nate  and  House  will  take  measures  to  make  it  more  perfect  by  the 
adoption  of  the  resolution  which  I  offered  the  other  day.  Now, 
what  does  Congress  do  in  regard  to  publishing  ?  They  give  twen- 
ty-five or  thirty  thousand  dollars  to  purchase  the  Madison  papers, 
twenty-five  or  thirty  for  the  purchase  of  the  papers  of  Alexander 
Hamilton,  and  there  is  now  a  bill  before  Congress  for  the  pur- 
chase of  Mr.  Jefferson's  old  manuscripts  to  print.  Now,  I  make 
a  great  distinction  between  matters  of  that  sort  and  propositions 
such  as  we  have  now  before  us.  But  gentlemen  who  vote  very 
readily  their  twenty  or  twenty-five  thousand  dollars  to  buy  up  old 
manuscripts  that  have  been  lying  in  the  private  chests  of  old  fami- 
lies for  centuries,  it  seems  to  me,  act  very  strangely  when  they  re- 
fuse to  vote  to  print  a  document,  for  the  printing  ol  which  we  hare 
been  appealed  to  by  the  people  more  than  for  any  other.  What 
did  you  do  the  other  day  ?  You  determined  to  have,  I  do  not  know 
how  many,  maps  engraved  at  a  very  considerable  expense,  result- 
ing from  a  partial  survey  of  Oregon  and  CaUfornia,  and  a  geogra- 
phical memoir  printed  to  go  along  with  them.  Ifyou  incur  so 
much  expense  thus  early  to  publish  a  partial  exploration  of  those 
countries,  what  will  your  expense  be  herealter  ?  You  cannot  turn 
to  our  past  proceedings  here  without  finding  appropriations  of  hun- 
dreds of  thousands  of  dollars  for  objects,  it  seems  to  me,  that  are 
useless  in  comparison  with  the  present.  I  admit  that  one  abuse 
cannot  be  justified  by  another,  but  I  deny  that  this  is  an  abuse  in 
view  of  what  we  see  every  day  passing  around  us.  What  is  the 
nature  of  this  document  ?  It  contains  statistical  information  on 
the  subject  of  the  productions  of  the  country,  a  subject  which  con- 
stitutes the  very  foundation  of  legislation,  dfaily  and  hourly,  and  if 
you  embrace  my  resolution  you  will  have  the  whole  information  in 
regard  to  supply  and  prices. 

[The  honorable  Senator  referred  to  instances  in  which  the  Sec- 
retary of  State  had  heretofore  been  authorized  to  obtain  for  publi- 
cation, statistics  of  the  prices  of  commodities  purchased  at  foreign 
ports] 

Here  is  the  very  thing  which  I  have  proposed  shall  be  done  in  re- 
ference to  the  productions  of  our  own  country,  and  this  is  pro- 
nounced by  the  Senator  over  the  way  to  be  of  no  more  value  than 
the  last  year's  almanac.  I  am  for  making  our  Patent  Office  and 
statistical  bureau  for  collecting  that  information  upon  which  our 
legislation  will  be  in  a  great  degree  based. 

The  question  was  then  taken  upon  agreeing  to  the  amendment 
of  Mr.  WESTCOTT,  as  modified,  anil  it  was  determined  in  the 
affirmative,  as  follows  ; 

YEAS — Messrs,  Badijer,  Borland,  Berrien,  Breese.  Cameron,  Corwin,  Crittenden, 
Davis,  of  Massachusetts,  Downs,  Fetch,  Greene,  Uanilin.  Johnson,  of  Maryland, 
Johnson,  ot  Louisiana.  Mansum.  Pearce.  Rusk,  Sebastian,  Sturgeon,  Underwood, 
Upham,  Webster,  and  VVestcott — "23. 

NAYS— Messrs,  Atchison,  Atherton,  Basby,  Bell,  Butler,  Calhoun,  Davis,  of 
Mississippi,  Dickinson,  Dl\,   Hale,  Hunter,  Lewis,  Niles,  Turney.  and  Vuiee — 15. 

The  question  recurring  on  the  motion  as  amended — 

Mr.  DICKINSON  said  :  I  have  long  seen  that  there  would 
come  a  stopping  place  to  this  book-making  business  by  Congress. 
I  should  regret  that  the  stopping  place  should  be  at  this  particu- 
lar document,  if  it  could  be  elsewhere.  But  for  the  present  I 
clearly  perceive  that  it  cannot  be  stopped  here,  or  anywhere  else; 
however,  I  shall  vote  against  it.  I  voted  against  the  amendment, 
and  although  it  was  adopted,  I  shall  still  vote,  however  ineffect- 
ually, against  the  resolution.  We  are  getting  a  great  repute  for 
book-making.  A  great  proportion  of  the  letters  received  by  Sen- 
ators, contain  application  for  books.  I  had  a  few  days  ago  a  let- 
ter from  a  stranger,  in  these  words  : 

"  Sir  '  Please  send  me  a  biue-book  ;  as  they  are  scarce  and  difiicultto  be  obtained, 
and  cost  S2  a  copy." 

Of  course  I  was  very  happy  to  comply  with  so  modest  a  request. 
On  another  day,  as  I  was  passing  over  to  the  House  of  Repre- 
sentatives, I  was  met  by  a  pleasant  and  obliging  gentleman,  who 
asked  me  if  I  was  a  member.  I  answered  in  the  affirm!\tive.  He 
then  said  that  Congress  was  about  to  publish  a  book  upon  Odd 
Fellowship,  and  wished  that  I  would  procure  him  a  copy.  I  told 
him  that  I  had  not  the  honor  to  belong  to  the  order,  and  would 
probably  not  be  furnished  with  any  of  the  books — that  he  had  bet- 
ter apply  to  some  other  member.  Somebody,  no  doubt,  had  been 
practising  a  joke  upon  this  individual,  but  it  goes  to  show  the 
reputation  Congress  has  for  book-making.  The  circumstance  of 
people  being  desirous  to  receive  books  from  members  is  no  answer 
to  trie  objection  against  the  practice.  It  is  of  course  regarded  by 
the  constituent  as  a  compliment  when  a  member  sends  him  a  book, 
and  I  regard  it  as  a  compliment  to  receive  a  request  for  one.  But 
Congress  has  gone  far  enough  in  book-making;  it  will  have  to  bo 
ended.  It  has  been  well  remarked  by  the  Senator  from  South 
Carolina,  that  there  is  nothing  in  this  document  which  concerns 
legislation.  We  are  undertaking  the  instruction  of  the  people  iu 
agriculture — ^wo  are  undertaking  to  instruct  them  how  to  produce. 
Ifwe  could  instruct  them  how  to  consume,  it  would  be  more  to  the 
purpose.  It  is  gratifying,  to  be  sure,  to  bo  able  to  send  books; 
but  you  can  tend  to  but  comparatively  f«w,  and  when  yoii  send  to 


June  12.] 


INDIAN  APPROPRIATION  BILL. 


709 


one  you  disoblige  others  who  have  an  equal  claim.     I  repeat,  that 
I  retrret  to  begin  with  this  document,  but  I  have  made  up  my  mind 
to  resist  every  proposition  of  this  sort. 
The  motion,  as  amended,  was  then  agreed  to,  as  follows  : 

Ordered,  That  30,000  copies  of  so  much  of  the  annual  report 
of  the  Commissioner  of  Patents  received  during  tlie  present  ses- 
sion as  has  been  ordered  to  be  printed  by  the  House  of  Represen- 
tatives be  printed  for  the  use  of  the  Senate,  to  be  bound  in  like 
manner,  and  also  5  000  copies  of  the  residue  of  said  report,  em- 
bracing the  laws  relating  to  patents  and  the  legal  decisions  there- 
on, and  that  1,000  copies  of  each  be  given  to  the  Commissioner 
of  Patents  for  distribution. 

DRAWINGS  AND    ENGKAVINGS. 

Mr.  WESTCOTT  submitted  the  following  resolation  for  con- 
sideration : 

Resolved.  That  tlie  Secrelan-  of  llie  Senate  be  autliolized  lo  pay  out  of  Ihe  I'on 
tineent  fuiiii  of  the  Senate  to  tliatles  L.  FleiMchniann  such  sum  as  die  Commissioner 
of  PatenU  may  certify  IS  reasonable,  and  the  Comimltee  of  the  Contingent  Funil 
may  aiiu'ove  of,  for  finishing  the  drawings  and  engravings  for  the  pubhcation,  by 
order  ol  tlic  Senate,  of  Patent  Office  re|iort. 

CLOSE    OF   THE    SESSION. 

The  joint  resolution  from  the  House  of  Representatives  fixing 
a  time  for  the  adjournment  of  the  present  session  of  Congress, 
was  read  the  first  time;  and  it  was 

Ordered,  That  the  further  consideration  thereof  be  postponed 
until  to-raorrow. 

HOUR    OF    MEETING. 

The  Senate  proceeded  to  consider  the  resolution  submitted  by 
Mr.  DOWNS,  on  the  3d  instant,  that  on  and  after  Monday  next 
the  daily  hour  of  meeting  of  the  Senate  be  11  o'clock,  A.  M. 

Mr.  DOWNS  modified  the  resolution  by  slriking  out  "Monday 
next"  and  inserting  "this  day." 

The  question  being  put  on  agreeing  to  the  resolution  it  was  de- 
termined in  the  negative. 

NOTICES    OF    BILLS. 

Mr.  BORLAND  gave  notice  that  on  to-morrow  he  should  ask 
leave  to  revive  an  act  authorizing  certain  soldiers  in  the  late  war 
with  Great  Britain  to  surrender  bounty  lands  drawn  by  them,  and 
to  locate  others  in  lieu  thereof. 

Mr.  WEBSTER  gave  notice  that  on  to-morrow  be  should  ask 
leave  to  extend  the  benefits  of  an  act  entitled  "An  act  to  esta- 
blish a  uniform  rule  of  naturalization,  and  to  repeal  the  acts  here- 
tofore passed  on  that  subject,"  to  the  wives  and  children  of  citi- 
zens. 

INDIAN   APPBOPBIATION    BILL. 

The  Senate  resumed  the  consideration,  as  in  Committee  of  the 
Whole,  of  the  bill  from  the  House  of  Representatives  making  ap- 
propriatiou  for  the  current  and  contingent  expenses  of  the  Indian 
Department,  and  for  fulfilling  treaty  stipulations  with  the  various 
Indian  tribes  for  the  year  ending  on  the  30th  June,  1849,  and  for 
other  purposes. 

The  question  pending  was  upon  agreeing  to  the  following 
amendment,  heretofore  submitted  by  Mr.  Bell  : 

Sec,  ,  And  be  it  further  enacted,  That  the  Secretary  of  War  cause  to  be  ascer- 
tained the  number  and  names  of  such  individuals  and  faiiiihes,  including  each  mem- 
ber of  every  family  of  the  Cherokee  nation  of  Indians,  that  remained  in  the  State  of 
North  Carolina  at  the  time  of  the  ratification  of  the  treaty  of  New  Echota,  May  '23, 
18.16,  and  who  have  not  removed  west  of  the  Mississippi,  or  received  the  commuta- 
tion for  removal  and  subsistence,  and  report  tlie  same  to  the  Secretary  of  the  Treas- 
ury ;  whereupon,  the  Secretary  of  the  Treasury  shall  set  apart,  out  of  any  moneys 
in  the  treasury  not  otherwise  appropriated,  a  sum  equal  lo  hfty-three  dollars  and  thir- 
ty-three cent3  for  each  individual  ascertained  as  aforesaid,  and  that  he  cause  to  be  paid 
to  every  such  individual,  or  his  or  her  legal  representative,  interest  at  the  rate  of  six 
per  cent  per  annum  on  such  per  capita,  from  the  said  i2,1d  day  of  May,  1336.  to  Ihe 
time  of  the  passage  of  this  act  ;  and  continue  annually  thereafter  said  payment  of 
interest  at  the  rate  aforesaid. 

Sec.  .  And  he  tt  further  enacted.  That  whenever,  hereafter,  any  indiviilual  or 
individuals  o(^  said  Cherokee  Indians,  shall  desire  to  remove  and  join  the  tribe  West 
of  the  Mississippi,  then  the  Secretary  of  War  shall  be  authorized  to  withdraw  from 
the  fund  set  apart  as  albresaid,  the  sum  of  fifty  three  dollars  and  thirty  three  cents, 
and  the  interestdue  and  unpaid  thereon,  and  apply  the  same  or  such  part  thereof,  as 
shall  be  necessary  to  the  removal  and  subsistence  of  snch  individual  or  individuals, 
anil  pay  the  remainder,  if  any,  or  the  whole,  if  the  said  Indians  oraiiyof  them  'hall 
prefer  io  remove  themselves,  to  such  individuals  or  heads  of  families,  upon  their  re- 
moval west  of  the  Mississippi, 

Mr.  ATHERTON. — This  amendment  is  not  only  important  in 
itself,  but  important  as  regards  the  question  which  it  involves.  I 
hope  I  shall  be  so  fortunate  as  to  have  the  attention  of  the  Senate 
.  whilst  I  endeavor  briefly  to  explain  my  objections.  The  amend- 
ment declares  that  the  number  of  Cherokees  who  remained  in 
North  Carolina  and  the  other  States  after  the  treaty  of  '36,  shall 
be  ascertained,  and  that  the  Secretary  of  the  Treasury  shall  set 
aside  $53  33  for  each  Indian  who  thus  remained.  It  provides  fur- 
ther that  interest  shall  be  paid  upon  this  sum  from  the  time  of  the 
ratification  of  that  treaty  at  the  rate  of  six  per  cent.,  and  that  it 
shall  be  paid  to  the  Indians  per  capita,  the  principal  remaining  to 
be  paid  to  them  whenever  they  think  proper  to  remove,  but  the  in- 
terest is  to  be  paid  to  them  whether  they  remove  or  not.  It  is  not 
the  intention,  I  believe,  of  this  proposition  that  they  shall  be  re- 
moved. Indeed,  I  believe  that  they  state  in  their  memorial  their 
expreH  design  to  remain.    Tbe  proposition  in  itself  inyolves  an 


amount  of  about  one  hundred  thousand  dollars.  The  number  of 
Cherokees  remaining  is  large  enough  to  make  the  principal  amount 
to  over  sixty  thousand,  and  the  interest  will  amount  to  over  forty 
thousand.  It  will  create  a  charge  upon  the  Treasury,  then,  of 
upwards  of  a  hundred  thousand  dollars.  But,  as  I  shall  show  here- 
after, this  is  not  the  full  extent  of  the  importance  of  the  amend- 
ment. I  said  the  other  day  that  this  proposition,  whether  the  mo- 
ney is  due  to  the  Indians  or  not,  did  not  properly  belong  to  the  In- 
dian appropriation  bill.  It  is  a  mere  claim — it  is  put  forth  as  such 
bv  Mr.  Thomas  on  behalf  of  these  Cherokees,  and  the  claim  has 
been  rejected  over  and  over  again  by  all  the  officers  who  have  had 
charge  of  the  department  for  twelve  years  past,  and  not  only  re- 
jected by  them,  but  it  was  brought  before  Congress  and  reported 
upon  adversely  on  two  occasions.  It  is  again  pressed  upon  Con. 
gress,  and  it  is  contended  that  it  should  be  inserted  in  this  appro- 
priation bill.  It  is  pressed  by  numerous  agents  who  have  their 
activity  sharpened  by  those  expectations  which  are  usually  enter- 
tained in  such  cases,  when  they  have  the  United  States  for  a  pre- 
tended (jebtor,  and  the  Indians  for  their  clients,  especially  when 
the  amount  claimed  is  a  large  sum .  I  understand  the  Senator  from 
North  Carolina  to  state  that  there  could  be  no  difficulty  whatever 
about  this  claim.  I  understand  him  to  contend  that  it  arose  from 
the  construction  of  the  treaty  itself,  and  that  was  the  reason  ho 
urged  for  its  being  introduced  into  the  appropriation  bill.  This,  I 
contend,  is  an  ituplied  admission  on  the  part  of  the  Senator  from 
North  Carolina,  that  unless  the  claim  arises  from  the  legal  and 
proper  construction  of  the  treaty,  the  ground  would  be  abandoned 
by  him,  and  that  if  it  was  a  claim  arising  merely  upon  equitable 
grounds  it  should  stand  upon  its  own  merits  in  a  separate  bill. 

Mr.  BADGER. — I  do  not  admit  that  it  is  necessary  to  show 
that  the  claim  arises  from  the  legal  construction  of  the  treaty,  in 
order  to  make  it  a  proper  subject  to  be  inserted  in  this  bill.  I  offer 
that  as  a  conclusive  reason  why  it  should  go  into  the  bill. 

Mr.  ATHERTON. — I  understood,  also,  the  honorable  Senator 
to  sucri'est  that  this  subject  had  received  the  attention  of  a  eom- 
raittee^of  the  House,  which  had  reported  unanimously  in  its  favor. 
I  be"  leave  to  correct  the  gentleman.  So  far  from  the  committee 
having  been  unanimous  in  its  favor,  there  was  an  able,  and  as  ap- 
pears to  me,  conclusive  minority  report  made  against  it.  On  one 
subject  the  committee  were  unanimous,  and  that  was  in  the  opin- 
ion that  the  terras  of  the  treaty  do  not  embrace  this  allow- 
ance. Permit  me  to  read  the  following  exti*ct  from  the  minority 
report — 

'■  The  committee  ate  unanimous  in  the  opinion  that  the  terms  of  tJie  treaty  con- 
strued in  the  most  liberal  mannner,  do  not  embrace  the  allowance." 

The  committee  are  unanimous  in  the  opinion  that  the  terms  of 
the  treaty  do  not  embrace  this  allowance.  I  also  understand  the 
Senator  from  North  Carolina  to  suggest  that  the  opinion  of  the 
Commissioner  of  Indian  Affairs  and  of  the  Attorney  General  were 
founded  on  the  presumption  that  this  ought  not  to  be  paid  out  of  the 
Indian  fund,  and  did  not  express  an  opinion  as  to  whether  it  was 
required  by  the  terms  of  the  treaty. 

Mr.  BADGER. — I  referred  only  to  the  opinion  of  the  Attorney 
General. 

Mr.  ATHERTON.— Well,  I  will  inform  the  gentleman  that 
the  opinion  of  the  Attorney  General  is  founded  on  the  terms  of  the 
treaty  itself;  and  distinctly  concludes  that  the  terms  of  the  treaty 
do  not  embrace  this  allowance.  A  reference  to  the  clauses  of  the 
treaty  affords  the  most  convincing  argument  on  this  point.  The 
8th  article  of  the  treaty  of  New  Echota,  is  in  these  words  : 

Article  8.  The  United  States  also  agree  and  stipulate  to  remove  the  Cherokees  lo 
their  new  homes,  and  to  subsist  them  one  year  after  Jheir  arrival  there,  and  that  a  suf 
ficient  number  of  steamboats  and  bagaage  wagons  shall  be  furnished  to  remove  them 
comfoitably,  and  so  as  not  to  endanger  their  health;  and  that  a  physician  well  supplied 
with  medicines,  shall  accompany  each  detachment  of  emigranu  removed  by  the  gov- 
ernment. Such  persons  and  families  as  in  theo|iinion  ot  the  emigrating  agent,  are 
capable  of  subsisting  and  removing  themselves,  shall  be  permitted  to  do  so:  and  they 
shall  be  allowed  in  full  for  all  claims  for  the  same,  twenty  dollars  for  each  member  of 
their  family;  and  in  lieu  of  their  one  year's  rations,  they  shall  be  paid  the  snra  of  thir- 
ty-three dollars  and  thirty  three  cents,  if  they  prefer  it. 

So  It  seems  by  this  article  it  was  provided  that  the  United  States 
should  remove  the  Cherokees  to  their  new  home  west  of  the  Mis- 
sissippi, and  subsist  them  for  one  year  after  their  arrival  there. — 
But  it  is  also  provided  that,  if  in  the  opinion  of  the  agents  any  of 
these  Cherokees  should  be  capable  of  removing  themselves,  they 
should  be  allowed  twenty  dollars  for  removal  and  thirty-three  dol- 
lars and  thirty-three  cents  in  lieu  of  their  rations.  Now,  strange 
as  it  may  appear  after  reading  these  words,  this  allowance  of  fifty- 
three  dollars  and  thirty-three  cents,  which  was  to  be  in  the  na- 
ture of  commutation  money  for  removal  and  subsistence  to  those 
who  removed  themselves,  it  is  now  urged  should  be  paid,  not  only  to 
those  who  have  not  removed,  but  to  those  who  declare  that  they 
do  not  intend  to  remove.  And  not  only  so,  but  that  interest  shall 
be  paid  to  them  from  the  date  of  the  treaty  up  to  this  time.  It 
appears  to  me  that  the  words  of  the  treaty  are  clear  and  unambi- 
guous, and  that  it  never  could  have  been  intended  that  those  who 
remain  should  receive  any  such  allowance.  What  was  the  object 
of  the  treaty?  It  was  that  the  Indians  should  be  removed.  Why, 
to  allow  to  those  who  remain  this  sum,  which  was  intended  as 
commutation  for  the  expenses  of  those  who  removed,  would  be 
treating  the  Indians  who  remained  better  than  those  who  w-ent.  It 
would  in  fact  be  offering  a  bribe,  an  inducement  to  remain.  But 
there  is  another  clause  which  puts  this  conatruction  beyond  all 
doubt. 
Th9  8tb  article  also  provide;  a«  follows  ; 


710 


INDIAN  APPROPRIATION  BILL. 


[Monday, 


*'  Sach  Cherokees  also  as  reside  at  present  out  of  the  nation,  and  shall  remove  with 
tbem  in  two  yettrs  west  of  the  Mississippi,  shall  be  entitled  to  allowance  for  removal 
andfinbii=tence  as  above  piovided." 

Now  if  all,  whether  theyremained  or  went,  were  to  be  entitled 
to  removal  and  subsistence,  where  was  the  use  of  providing  that 
those  who  should  in  two  years  emigrate,  should  have  the  benefit  of 
the  commutation  above  provided  ?  Besides  it  was  by  this  article 
not  even  provided,  that  all  who  should  eraigato,  should  have  the 
benefit  of  the  commutation,  but  only  such  as  in  the  opinion  of  the 
emigrating  agent,  ''were  capable  ol'  subsisting  and  removit.g  them- 
selves." The  words  of  the  article  are  so  clear  and  unambiguous, 
that  it  is  impossible  to  make  them  clearer  by  comment.  But  it 
has  been  contended  by  the  Senator  from  North  Carolina,  that  the 
12th  article  of  the  treaty  contains  a  provision  which  shows  that 
those  Indians  who  remained  in  North  Carolina,  are  entitled  to 
commutation  for  the  expenses  of  their  removal  west  of  of  the  Mis- 
sissippi, and  that  those  who  never  went  to  ■'  their  new  hoines"  are 
entitled  to  commutation  for  subsistence  for  "  one  year  after  their 
arrival  there." 

Now,  sir,  is  there  any  thing  in  the  12th  article  which  makes  it 
incumbent  on  us  to  place  upon  the  8th  article  and  the  treaty  itself, 
such  a  forced  and  unnatural  construction?  On  the  conirary,  the 
12th  article  confirms  the  construction  which  arises  irresistibly  from 
the  clear  and  unequivocal  language  of  the  8th  article. 

"  Article  12.  Tho^e  individuals  and  families  of  the  Cherokee  nation  that  are 
averse  to  a  removal  to  the  Cherokee  country  west  of  the  Mississippi,  and  are  desirous 
to  become  citizens  of  I  he  Slates  where  they  reside,  and  such  as  are  qualified  to  take 
care  of  thfniselves  anil  their  property,  shall  be  entitled  to  receive  their  due  portion  of 
ell  the  jieisonal  benefits  accrninj<  under  this  treaty  fortlieit  claims,  improvements,  and 
per  capita,  as  soon  as  an  appropriation  is  made  for  this  treaty." 

"  All  the  personal  benefits  accruing  under  this  treaty  for  their 
claims,  improvements,  and  per  capita.''  The  word  "  claims"  is 
no  where  used  in  the  treaty  to  include  removal  or  subsistence^  but 
the  latter,  when  intended  to  be  included  in  any  clause  with 
"claims,''  is  specifically  mentioned.  "Claims"  uniformly  refers 
to  demands  for  spoliation  and  debts  against  the  nation.  The 
omission  of  removal  and  subsistence  in  the  12th  article  fortifies 
the  construction  arising  from  the  clear  language  of  the  8th  article, 
instead  of  contradicting  it.  It  will  not  be  pretended  that  the  term 
"  improvements"  can,  by  any  reasoning,  be  made  to  include  remo- 
val or  subsistence.  The  "per  capita"  mentioned  in  the  12th  ar- 
ticle alludes  to  what  is  provided  in  the  fifteenth  article.  Indeed, 
there  is  no  other  per  capita  distribution  provided  for  in  the  treaty 
since  the  language  of  the  8th  article  provides  commutation  only 
for  those  who,  in  the  opinion  of  the  emigrating  agent,  were  able 
to  remove  and  subsftt  themselves.  Permit  me  to  read  the  15th 
article,  which  again  fortifies  the  clear  intention  of  the  8th  article  : 
"  Article  1.'>.  It  is  e.\pressly  understood  and  agreed  between  the  parties  to  this 
treaty  that  after  deducting  the  amount  which  slia'l  be  actually  expended  for  the  pav- 
menl  lor  improvements,  fetries,  claims  for  spoliations,  removal,  siib^irsteiice.  and 
debts,  and  claims  upon  the  Cherokee  nation,  and  for  the  additional  quantity  of  lands 
and  goods  for  the  jiuorer  class  of  Cherokees,  and  the  several  sums  to  be  invested  for 
the  general  national  funds  provided  for  in  the  several  articles  of  this  treaty,  the  batancL, 
whatever  tke  same  be,  shaft  be  egually  divided  betiBce-n  alt  the  people  b'lanffiiiff  to  the 
Chenikee nai tun ,  east,  aecordin^  tothe  etitsnsjnst  completed,"  &c.,  &c. 

This  brings  me  to  another  view  of  the  subject.  The  amendment 
of  the  Senator  from  Tennessee  provides  that  this  amount  shall  be 
paid  out  of  the  Treasury  of  the  United  States.  The  treaty  ex- 
pressly provides,  as  appears  from  the  article  just  read,  that 
the  removal  and  subsistence  expenses  shall  be  paid  out  of 
the  Cherokee  fund.  It  becomes  then  a  question  .^f  no  small 
importance.  Formerly,  when  the  contest  was  between  the 
difi'erent  sections  of  the  tribe,  those  who  had  gone  west  and 
those  who  did  not  go.  it  was  contended  by  John  Ross  and  his 
party  that  those  who  remained  should  not  receive  the  allowance, 
on  the  ground  that  it  was  to  come  out  of  this  five  million  fund,  and 
that  the  balance  to  be  distributed  would  thereby  be  lessened.  But 
now,  when  the  proposition  is  to  take  it  out  of  the  Treasury  of  the 
United  States,  they  all  come  in  together  demanding  that  the  al- 
lowance shall  be  paid  even  to  those  who  do  not  remove.  But,  sir, 
this  five  million  fund  was  not  the  only  money  set  apart  for 
their  use.  The  governiuent  has  acteil  with  great  liberality 
towards  them.  There  was  a  supplemental  treaty  made,  in 
which  it  was  provided  that  six  hundred  thousand  dollars 
should  be  granted  to  them,  and  that  this  should  be  in  full  for 
all  claims  not  provided  for  in  the  treaty.  And  this  was  not 
all.  In  1838  there  was  another  appropriation  made  of  over  a 
million  of  dollars  to  pay,  among  other  things,  for  subsistence;  and 
it  was  rccommendeci  on  the  ground  that  it  was  better  to  do  too 
much  for  them  than  too  little.  They  have  been  allowed  every 
thing  to  which  by  possibility  they  could  be  entitled.  Now,  is  it 
pretended  that  because  this  additional  allowance  was  made,  the 
government  is  therefore  bound  to  pay  for  their  removal  and  sub- 
sistence out  of  the  treasury  ?  No,  sir,  the  proceedings  of  Congress 
show  that  this  conclusion  is  entirely  negatived.  The  report  made 
by  Jtid;Te  White  states  expressly,  that  this  is  a  voluntary  grant  to 
the  Indians.  Judge  White,  in  his  report  recommending  the  allow- 
ance, uses  the  following  language  : 

■' Tiiey  believe  the  five  mllions  of  dollars  given  by  the  treaty  as  the  difleronce  in 
value  between  tlio  countties  exchanged,  and  the  six  hundred  thousand  dollars  before 
mentioned,  allowed  for  spoliations,  and  as  a  fund  for  removal,  constitute  a  very  liberal 
consideration  on  the  part  of  the  federal  government;  yet  the  committee  would  feel 
much  better  satisfied  that  loo  much  should  be  dour  for  the  Clterokces  than  too  titr/e. 
If,  tUexefoie,  the  voluntary  frrant  ot  an  additional  sum  of  money  can  be  made — a 
means  of  hastening  them  to  their  now  homes — of  dispensing  with  the  use  of  a  large 
military  force,  and  of  insuring  confidence  in  the  justice  of  the  government,  and  of  res- 
toring harmony  and  good  feelings,  they  helisve  economy,  humanity,  and  peace  will 
be  best  consulted  by  making  such  agrant." 

It  would  certainly  be  rather  hard  upon  the  government  of  the 
United  States  if  this  liberality  on  its  part  is  to  be  made  a  ground 
for  further  and  extortionate  demands,  and  not  only  so  but  that  the 
money  shottld  be  paid  out  of  the  Tfeasiiry— (or  it  includes  also 


that  question  The  amount  paid  already  under  this  treaty,  which, 
it  was  supposed  would  have  cost  us  five  millions  of  dollars,  is  over 
seven  millions.  The  Indians  refused  to  go  for  a  long  time,  and  it 
became  necessary  to  call  out  the  military  force.  Indeed,  reckoning 
all  the  expenses  incurred  under  the  treaty,  they  cannot  be  esii- 
mated  at  less  than  ten  millions  of  dollars.  And  if  we  are  to  es- 
tablish the  principle,  that  those  who  remained  are  to  be  entitled 
to  the  same  allowance  as  those  who  went,  and  that  the  money 
is  to  be  taken  out  of  the  Treasury,  I  ask  what  can  prevent  those 
Indians  who  have  already  been  removed,  from  coming  forward  and 
claiming  the  same  allowance  out  of  the  Treasury?  Nothing  can 
prevent  it. 

If  you  allow  from  the  treasury  of  the  United  States  commuta- 
tion for  removal  and  subsistence  to  those  Indians  who  did  not  go 
west,  on  what  ground  could  you  refuse  to  those  who  have  remov- 
ed, the  same  sum  from  the  treasury  also  ?  But  is  that  all  ?  No, 
sir  ;  the  principle  of  this  amendment  would  pledge  you  to  pay  in- 
terest also.  And  suppose  the  expenses  and  subsistence  of  the  Che- 
rokees who  have  gone  west  and  have  been  paid  out  of  the  Chero- 
kee fund,  as  expressly  provided  by  the  treaty,  to  amount  to  three 
millions  of  dollars,  the  interest  on  that  would  amount  to  two  mil- 
linns,  and  you  have  a  claim  of  five  millions  on  the  treasury  involv- 
ed in  your  action  on  this  amendment.  It  seems  to  me  that  this  is 
too  important  a  question  to  be  decided  at  once  by  way  of  amend- 
ment to  an  appropriation  bill.  But  the  extent  of  the  impolicy  and 
impropriety  of  thus  deciding  it  depend  also  on  other  circumstances 
which  I  will  state.  It  is  well  known  that  there  has  been  much 
diflleulty  among  the  emigrating  Cherokees.  Disputes  and  quarrels 
have  arisen,  even  going  as  far  as  bloodshed.  There  was  also  much 
complaint  that  the  Cherokee  fund  had  been  charged  with  expenses 
not  properly  belonging  to  it.  To  decide  finally  on  all  these  mat- 
ters, and  to  restore  peace  and  harmony  to  the  Cherokees,  the  Pre- 
sident appointed  commissioners  to  examine  the  whole  subject,  and 
all  the  questions  growing  out  of  the  treaty  of  New  Echota.  They 
made  a  report,  and  there  was  another  treaty  negotiated,  based 
principally  ;in  the  recommendations  of  the  commissioners,  and  rat- 
ified in  1846.  That  treaty  provides,  i&  the  3d  article,  that  where- 
as certain  sums  for  rents  under  the  name  of  improvements  and  spo- 
liations, &c.,  &.C.,  had  been  improperly  paid  out  of  the  five  million 
fund,  the  United  States  shall  reimburse  the  fund  the  sum  thus  paid. 

The  9th  article  provides  that  the  United  States  shall  make  a  fair 
and  just  settlement  of  all  moneys  due  to  the  Cherokees,  and  sub- 
ject to  the  per  capita  division  under  the  treaty  of  New  Echota — 
which  settlement  shall  embrace  all  money  properly  expended  un- 
der said  treaty,  and  shall  embrace,  among  other  things,  all  sums 
paid  for  removal  and  subsistence,  and  commutation  therefor,  the 
aggregate  to  be  deducted  from  the  fund,  and  the  balance  paid  per 
capita  according  to  the  treaty,  Stc. 

The  Commissioner  of  Indian  Affairs  has  recently,  at  this  session, 
made  a  report,  pursuant  to  this  treaty,  on  this  whole  matter,  to 
show  the  grounds  for  a  "just  and  fair  settlement."  The  subject 
in  all  its  bearings  must  come  before  us.  Why  should  we,  then,  in 
this  incidental  manner,  by  way  of  an  amendment  to  an  appropria- 
tion bill,  prejudge  this  case,  without  seeing  all  its  consequences 
and  looking  into  all  its  relations? 

But  this  is  not  all.  The  very  question  to  be  decided  and  pre- 
judged on  this  amendment,  on  which  our  sympathy  is  attempted 
to  be  excited  for  the  North  Carolina  Indians,  is  solemnly  submit- 
ted to  us  in  relation  to  the  whole  Cherokee  nation.  The  11th  ar- 
ticle of  the  treaty  of  1846  is  as  follows  : 

"Article  II.  Whereas  the  Cherokee  delegations  contend  I  hat  the  amount  ex- 
pended for  the  one  year's  subsistence,  after  their  arrival  in  the  west  of  the  eastern  Che' 
tokees,  i!>  not  properhf  chargeable  to  the  treaty  fund,  it  is  hereby  agreed  that  that 
question  shall  be  submitted  to  the  Senate  of  the  L'niled  States  for  its  decision,  which 
shall  decide  whether  the  subsistence  shall  be  borne  by  the  I'nited  States  or  the  Chero- 
kee funds  ;  and  if  by  tlie  Cheiokees.  then  to  say  whether  the  subsistence  shall  be 
charged  at  a  greater  rate  than  thirty-three  dollars  and  thirty-three  cents  per  head  ;  and 
also  the  question  whether  the  Cherokee  nation  shall  be  allowed  interest  on  whatever 
sum  may  be  found  to  be  due  the  nation,  and  fiom  w  hat  date  and  at  wliat  rate  pe:  an- 
num." 

We  are  thus  called  upon  to   prejudge  in    this  incidental  manner  ' 
the  whole  of  this  great  question,  thus  solemnly  submitted  to  us  in 
Executive  session. 

Sir,  as  I  said  before,  if  we  allow  to  those  Cherokees  who  remain 
their  commutation  for  removing,  and  for  rations,  out  of  the  trea- 
sury of  the  United  States,  with  what  face  can  we  hereafter  say, 
when  the  question  is  submittcil  to  us,  that  all  the  other  Indians 
shall  not  be  entitled  to  the  same  allowance  ?  We  shall  thus  in- 
volve the  treasury  to  the  extent  of  five  millions  of  dollars  ;  and 
where  such  an  amount  is  involved,  is  it  to  be  wondered  at  there  is 
great  activity  on  the  part  of  the  agents  of  these  Indians?  I  be- 
lieve I  have  stated  enough  to  show  the  importance  of  this  question, 
and  I  trust  the  Senate  will  give  it  that  consideration  which  its 
magnitude  demands. 

Mr.  BKLL  was  proceeding  to  address  the  Senate  at  length  upon 
the  bill,  when 

Mr.  MANGUM  interposed,  expressing  a  hope  that  the  Senator    ' 
would  defer  his  remarks  until  to-morrow,   when  there  would  be  a 
more  full  attendance  of  the  Senate. 

Mr.  BELL  acquiescing,  the  further  consideration  of  the  bill 
was  then  postponed  until  to-morrow. 

EXECUTIVE  SESSION. 

On  motion  by  Mr.  WESTCOTT,  the  Senate  proceeded  to  the 
consideration  of  Executive  business;  and  after  soma  lime  spent 
therein, 

On  motion, 

Tbe  Sennte  Adjoarned. 


June  12,] 


PETITIONS— RESOLUTIONS,  ETC. 


711 


TUESDAY,  JUNE  13,  1848 


PETITIONS. 

Mr.  SEBASTIAN  presented  a  memorial  of  citizens  of  Arkan- 
sas, praying  the  purchase  of  Mount  Vernon  by  the  government ; 
which  was  referred  to  the  Committee  on  Military  AfTairs. 

Mr.  BUTLER  presented  the  petition  of  James  Chapman,  ad- 
ministrator of  Thomas  Chapman,  deceased,  late  collector  of  the 
port  of  Georgetown,  South  Carolina,  praying  the  payment  of  an 
amount  due  on  account  of  the  proceecls  of  a  cargo  condemned 
and  sold  in  that  port  for  a  violation  of  the  non-intercourse  act; 
which  was  referred  to  the  Committee  on  the  Judiciary. 

Mr.  RUSK  presented  the  memorial  of  George  C.  Hutter,  an 
ofHcer  in  the  army,  praying  to  be  allowed  arrears  of  pay;  which 
was  referred  to  the  Cornmitteo  on  Military  Affairs. 

Mr.  DIX  presented  the  memorial  of  Solomon  T.  Niooll  and 
James  Clinch  praying  compensation  for  a  quantity  of  tea  fur- 
nished them  for  the  use  of  the  navy;  which  was  referred  to  the 
Committee  on  Naval  Affairs. 

Mr.  CALHOUN  presented  a  memorial  of  merchants  and  o'lher 
citizens  of  Charleston,  South  Carolina,  praying  an  appropriation 
for  the  erection  of  a  new  custom-house  at  that  place;  which  was 
referred  to  the  Committee  on  Commerce. 

Mr.  BELL  presented  a  memorial  of  the  Delegates  of  the  Che- 
rokee Indians,  praying  the  final  settlement  of  their  claims  against 
the  United  States  agreeably  to  the  treaty  of  1846;  which  was  re- 
ferred to  the  Committee  on  Indian  Affairs,  and  ordered  to  be 
printed. 

Mr.  WESTCOTT  presented  a  memorial  of  the  Mayor  and 
Board  of  Aldermen  of  Pensacola,  Florida,  praying  a  grant  of 
certain  lots  in  that  place  for  municipal  purposes;  which  was  re- 
ferred to  the  Committee  on  Public  Lacds. 

Mr.  HALE  presented  a  memorial  of  citizens  of  Ohio,  praying 
the  removal  of  the  seat  of  Government  of  the  United  Slates  to 
Cincinnati,  in  that  State;  the  motion  to  receive  which  was  laid 
upon  the  table. 

Mr.  HALE  demanded  the  yeas  and  nays  upon  this  question. 

Mr.  DAYTON. — The  question  has  been  decided  and  the  deci- 
sion announced. 

Mr.  HALE  then  asked  leave  to  withdraw  the  petition. 

Mr.  STURGEON  called  for  the  reading  of  the  petition. 

It  was  read  by  the  Secretary,  as  follows  : 

"  That  whereas  recent  events,  as  well  as  the  indications  of  past  years,  have  ren 
dered  il  but  too  painfully  manifest  that  the  liberty  of  tlie  press  and  freedom  ofspeech 
in  onr  Houses  ol  Congress  are  no  longer,  on  all  subjects,  safe  and  untrammelled  at 
our  seat  of  government  in  its  present  location,  but  presses  are  liable  ^t  any  e.\i^ency 
to  attack  and  destruction  from  a  lawless  mob  for  sentiments  nlttred  on  the  snbjectof 
slavery,  and  members  of  Congress  are  exposed  to  insnit  and  personal  violence  IVom 
the  ruthless  bully  and  assassin  for  words  spoken  in  debate  in  their  respective  Houses  en 
the  same  subject. 

The  praver  of  yoor  memorialists,  therefore,  is,  that  measures  be  immediately  taken 
by  your  honorable  bodies  for  the  removal  of  the  seat  of  government  as  speedily  as  con- 
venient from  its  present  location  to  some  new  site,  within  the  bounds  of  some  free 
State,  where  the  rights  of  the  press  and  the  privilege  of  parliament  in  the  persons  of 
members  of  Congress  may  be  more  fully  respected  and  secured. 

Your  memorialists  would  also  further  suggest  that  what  renders  such  a  change  still 
more  proper  and  called  for.  is  the  fact  that  in  the  unparalleled  growth  of  our  country 
the  present  seatol  government,  however  central  it  may  have  been  in  its  original  selec- 
t-on, is  now  far  east  as  ^veIl  as  south  of  the  centre  of  the  voting  population.  They 
would,  therefore,  venture  to  present  the  city  of  Cincinnati,  in  the  State  of  Ohio,  as  a_ 
place  in  which,  from  its  more  central  position,  as  well  as  its  other  numerous  and  great 
advantages,  would  be  speciiically  snitable  for  the  new  location. 

Finally,  as  a  further  reason  in  behalf  of  such  a  change  oflocation,  your  memorial- 
ists wonid  urge  the  fact  of  the  slave  traffic  so  extensively  carried  on  within  the  bounds 
of  the  District,  and  in  sight  of  the  very  capitol  itself,  thus,  disgracing  our  country  by 
making  what  ought  to  be  the  citadel  and  sanctnanj  of  liberty,  the  ffreat  slavemarl 
of  the  Union.'* 

The  question  was  then  taken  upon  the  motion  of  Mr.  Hale  for 
leave  to  withdraw  the  petition,  and  was  determined  in  the  nega- 
tive, as  follows  : 

YE-\S.— -Messrs.  Davis,  of  Massachusetts,  Greene,  Hale,  Niles,  Phelps,  Upham, 
and  Webster. — 7. 

NAYS. — Messrs.  Atchison,  Atherton,  Badger,  Bagby.  Bell,  Berrien.  Borland,  But- 
ler Cameron,  Davis,  of  Mississippi.  Dayton,  Dickinson,  Dix,  Downs,  Felch,  Hamlin, 
Hunter,  Johnson,  of  Maryland,  Johnson,  of  Louisiana,  Johnson,  of  Georgia,  Lewis, 
Mangnm.  Mason,  Pearce,  Rusk,  Sebastian,  Sturgeon,  Tnrney,  Underwood,  West- 
cott,  and  Ynlee.— 31. 

Mr.  HALE  — I  rise  to  a  question  of  order.  The  Senate  have 
refused  to  receive  the  petition,  and  now  refuse  to  let  me  have  it. 
I  desire  the  cliair  to  state  whether,  the  reception  of  the  petition  be- 
ing refused,  it  does  not  belong  to  me  ? 

Mr.  MANGUM. — The  paper  does  not  belong  to  the  gentleman. 
It  belongs  to  the  Senate,  and  lies  upon  the  table.  And  permit 
me  to  say,  that  I  admire  very  much  the  firmness  and  consistency 
of  the  Senate  in  this  matter.  Until  the  Senator  from  New  Hamp- 
shire came  here,  during  the  last  twelve  years,  this  subject  has 


been  allowed  to  rest.  If  the  gentleman  came  here  to  agitate  for 
a  small  party,  I  hope,  at  least,  that  the  Senate  will  not  oe  moved 
by  any  such  attempt.  I  say  again,  the  petition  is  not  his.  Uhder 
the  action  of  the  Senate,  it  lies  upon  the  table. 

Mr.  NILES. — The  petition  is  not  at  all  within  the  rule  which 
directs  that  petitions  on  the  subject  of  the  abolition  of  slavery  shall 
not  be  received,  but  that  a  motion  to  receive  the  same  shall  be  laid 
upon  the  table.  It  is  a  petition  for  the  removal  of  the  seat  of  go- 
nornment.  The  remark  of  the  Senator  from  North  Carolina, 
therefore,  is  not  called  for.  The  petition,  although  it  is  perhaps 
frivolous,  is  not  within  the  rule,  as  the  Senator  supposes. 

The  PRESIDENT, /jro  <cm7)ore,  overruled  the  point  of  order 
r.iised  by  Mr.  Hale. 

THE   PRIVATE   CALENDAR. 

Mr.  MASON  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to  : 

Resolved,  That  Friday  and  Saturday  next,  the  16th  and  17th  inslaot,  be  set  apart 
for  the  private  bills  on  the  calendar;  and  Ihat  the  same  then  take  precedence  of  all 
other  business. 

FRENCH    AND    SPANISH    GRANTS. 

Mr.  JOHNSON,  of  Louisiana,  submitted  the  following  resolu- 
tion, which  was  considered  by  unanimous   consent  and  agreed  to  : 

Resolved,  That  the  Committee  on  the  Judiciary  be  instructed  (o  inquire  into  the 
expediency  of  making  an  appropriation  to  pay  the  extra  compensation  allowed  lo  the 
Judge  of  the  United  States  Disliict  Court  for  the  State  of  Louisiana  bv  the  act  of 
18^.  to  enable  claimants  of  land  under  French  and  Spanish  grants  in  Louisiana  10 
try  the  validity  of  their  titles. 

THOMAS    F.    aORDON. 

Mr.  WESTCOTT,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  memorial  of  Thomas  F.  Gordon,  submitted  a  re- 
port, which  was  ordered  to  be  printed. 

CHANGE    OF    REFERENCE. 

On  motion  by  Mr.  MASON,  it  was 

Oriiered,  That  the  Committee  of  Claims  be  discharged  from 
the  further  consideration  of  the  memorial  of  the  Clerks  in  the  Pay 
Department  of  the  array  at  New  Orleans,  and  that  it  be  referred 
to  the  Committee  on  Military  Afiairs. 

HORSES    DESTROYED    IN   THE    MILITARY    SERVICE. 

Mr.  WESTCOTT,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  bill  to  revive  the  act  entitled  "  An  act  to  pro- 
vide for  the  payment  of  horses  and  other  properly  lost  or  destroyed 
in  the  military  service  of  the  United  States,"  approved  January 
18,  1837,  and  the  acts  approved  October  14,  1837,  and  August  23, 
1842,  amendatory  of  the  same,  reported  it  without  amendment. 

PRIVATE    BILLS,    ETC. 

Mr.  MASON,  from  the  Committee  of  Claims,  to  whom  was 
recommitted  the  joint  resolution  for  the  relief  of  Clements,  Bryan 
and  Company,  reported  it  without  amendment. 

Mr.  MASON,  from  the  same  committee,  to  whom  was  referred 
the  bill  from  the  House  of  Representatives  for  the  relief  of  Wil- 
liam Ralston,  reported  it  without  amendment. 

COMMITTEE    ON    THE    JUDICIARY. 

Mr.  PHELPS  was  appointed  a  member  of  the  Committee  on 
the  Judiciary,  in  the  place  of  Mr.  Moor. 

BOUNTY    LANDS. 

Agreeably  to  notice,  Mr.  BORLAND  asked  and  obtained  leave 
to  bring  in  a  bill  to  revive  an  act  authorizing  certain  soldiers  in  the 
late  war  with  Great  Britain  to  surrender  bounty  lands  drawn  by 
them,  and  to  locate  others  in  lieu  thereof;  which  was  read  the 
first  and  second  times,  by  unanimous  consent,  and  referred  to  the 
Committee  on  Public  Lands. 

NATURALIZ.\TION    LAWS. 

Agreeably  to  notice,  Mr.  WEBSTER  asked  and  obtained  leave 

to  bring  in  a  bill  to  extend  the  benefits  of  an  act  entitled  "An  act 

'  to   establish  an   uniform   rule  of  naturalization  and  to  repeal   the 

acts  heretofore  passed  on  that  subject,"  to  the  wives  and  children 

of  citizens. 

Mr.  WEBSTER.— I  yesterday  asked  leave  of  the  Senate  to  in- 
troduce a  bill  further  to  extend  the  provisions  of  the  naturalization 
laws  of  the  United  States.  The  main  object  of  the  bill  is  a  very 
simple  one.  I  will  endeavor  to  state  it,  with  all  possible  brevity, 
in  the  hope  that  when  the  committee  shall  have  examined  the  biU, 
and  shall  have  reported,  it  may  pass  without  much  delay,  as  it  is 


712 


CLOSE  or  THE  SESSION. 


[TUESCAY, 


certainly  somewhat  of  ah  impoi-tont  object.  The  difficulty  which 
exists  in  the  case  respects  the  national  character  of  children  of 
American  parents  born  abroad.  It  would  seem  that,  by  the  ex- 
isting law  of  1802,  without  a  very  violent  construction  of  its  pro- 
visions, children  now  born  abroad  of  American  parents  resident 
abroad,  whether  in  a  public  capacity ,  like  that  of  ministers  or  con. 
suls,  or  private  persons  travelling  for  pleasure  or  on  business,  are 
not  to  be  deemed  and  taken  to  be  citizens  of  the  United  States. 
The  question  or  difficulty  arises  in  this  way.  The  phraseology  of 
the  act  of  1802  is,  "that  children  born  abroad  of  parents  who 
heretofore  have  been,  or  now  are,  citizens  of  the  United  States, 
shall  be  deemed  and  taken  to  be  citizens  of  the  United  States 
themselves."  But  there  are  in  the  act  no  prospective  words  ;  it 
dogs  not  say  that  children  born  of  parents  who  have  been,  or  now 
are  or  hereafter  shall  be.  citizens  of  the  United  States.  And 
therefore  the  thing  has  reached  this  point,  that  American  citizens 
born  since  the  year  1802,  who  may  consciiuently  .''<'/°'"!y'^"'_>|f^^^ 

for 

and  „  

citizenship  by  the  necessary  construction  of  that  law. 

It  is  the  opinion  of  commentators  (Justice  Story,  Judge  Kent, 
and  others)  that  this  clau.se  was  vaguely  drawn.  The  phrase 
was  intended  to  be  applied  to  naturalized  citizens,  but  it  cannot  be 
so  construed.  The  object  that  I  have  in  view,  then,  is  to  provide 
again  for  what  was  provided  for  by  the  act  of  1802,  and  make  it 
extend  to  the  future,  and  apply  to  all  the  children  of  American 
parentage  in  cases  where  such  parents  have  gone  to  reside  tempo- 
rarily abroad,  still  preserving  their  allegiance  to  the  United  States. 
There  are  other  provisions  in  the  act  concerning  which  there  may 
be  different  opinions  perhaps,  but  this  is  the  main  one,  and  I  think 
it  will  recommend  itself  to  all,  and  I  hope,  if  the  committee  find 
the  law  to  be  as  I  understand  it  to  be,  they  will  report  this  bill, 
and  that  the  Senate  will  give  it  enactment  in  the  form  I  have 
■    given  to  it. 

The  bill  was  read  the  first  and  second  times,  by  unanimous  con. 
sent,  and  referred  to  the  Committee  on  the  Judiciary. 


.rn  since  the  year  1802,  who  may  consequently  be  loriy-si.x  years 

age,  now  going  abroad  temporarily  with  their  fannlies,  either 

r  business  purposes,  public  or   private,  or  for  the  sake  of  travel, 

id  havin<r  children  born  abroad,  those  children  are  excluded  trom 


MESSAGE  FROM    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President:  The  Speaker  of  the  House  of  Representatives  having  signed  five 
enrolled  bills  bills.  I  am  directed  to  bring  them  to  the  Senate  for  the  signature  of  tliejr 
President, 

•       SIGNING    OF    BILLS. 

The  PRESIDENT,  pro  tempore,  signed  the  following  enrolled 
bills  : 

An  act  for  the  relief  of  Joseph  Wilson. 

An  act  for  the  relief  of  Jones  and  Boker. 

An  act  for  the  relief  of  Richard  Bloss  and  others. 

An  act  for  the  relief  of  Fernando  Fellanny. 

An  act  for  the  relief  of  Charles  L.  Dell. 

BETIREB    LI.STS    IN    THE    MILITARY    AND    NAVAL    SERVICE. 

On  motion  by  Mr.  YULEE,  it  was 
Ordered,  That  the  bill  to  increase  the  efficiency  of  the  army  by 
a  retired  list  for  disabled  officers,  and  the  bill  to  promote  the  effi- 
ciency of  the  Navy,  be   referred  to  a  select  committee,  to  consist 
of  five  members,  to  be  appointed  by  the  President,  pro  tempore. 

CLOSE    OF    THE    SESSION. 

Mr.  BERRIEN  moved  that  the  Senate  proceed  to  the  consider- 
ation of  the  joint  resolution  from  the  House  fixing  upon  a  day  for 
the  adjournment  of  the  present  session  of  Congress. 

Mr.  ATHERTON  said  he  hoped  the  motion  would  not  prevail, 
for  he  thought  they  were  not  yet  prepared  to  act  upon  that  reso- 
lution. Several  Senators  were  absent  who  would  probably  be  in 
their  seats  by  Monday  next,  and  it  would  then  be  quite  soon 
enough  to  take  up  the  resolution.  The  Senate  was  not  now  in  a 
lituation  to  fix  a  day  for  the  arljournment.  The  principal  appro- 
priation bills  had  not  been  acted  upon,  and  there  were  other  mea- 
sures of  importance  remaining  undisposed  of.  It  seemed  to  him 
that  the  Senate  ought  to  keep  the  question  as  to  the  time  of  ad- 
journment within  its  own  power,  until  they  could  safely  fix  upon  a 
time  with  a  certainty  of  being  able  to  complete  the  business  that 
remained  to  be  done. 

Mr.  BADGER  was  in  favor  of  proceeding  to  act  upon  the  re.so- 
lution,  for  until  the  time  of  adjournment  was  fixed  the  business 
would  not  bo  conducted  with  a  view  to  its  speedy  conclusion.  If 
the  time  were  not  fixed,  probably  by  the  1st  of  July  the  business 
wonld  be  no  further  advanced  than  it  was  at  present. 

Mr.  DICKINSON  hoped  that  they  would  be  able  to  adjourn  at  as 
early  a  day  as  that  named  in  the  resiihilioii,  but  it  seemed  to  him 
that  the  resolution  should  not  be  acted  upon  now,  as  the  chairmen 
of  the  most  important  committees  were  absent  \  there  might  be 
Isgislation  connected  with  the  termination  of  the  war,  that  would 
necessarily  extend  the  session  somewhat  beyond  the  seventeenth  of 
Jnly. 

Mr.  DAVIS,  of  Mississippi,  observed  that  in  regard  to  any 
legislation  that  would   be  required  in   reference  to  the  army,  it 


would  have  to  be  speedily  completed,  otherwise  the  troops  would 
be  disbanded  before  it  could  have  any  effect.  So  far  then  as  the 
Military  Committee  was  concerned,  there  need  bono  delay  in  act- 
ing upon  the  lesolution.  It  was  rather  unfortunate  for  sound  le- 
gislation, that  we  were  standing  upon  the  verge  of  a  Presidential 
canvass.  How  far  that  would  influence  their  legislation,  he  would 
leave  for  older  Senators  to  decide;  for  himself,  he  would  prefer  to 
leave  all  important  matters  for  a  new  session,  which  would  be  free 
from  such  influences. 

Mr.  BERRIEN  said  the  question  at  present  was,  whether  the 
Senate  would  proceed  to  consider  the  resolution.  He  concurred 
very  fully  in  the  sentiments  expressed  by  the  Senator  from  Missis- 
sippi. He  thought  the  experience  of  the  last  week  had  shown  that 
it  was  not  likely  that  there  would  be  a  speedy  disposal  of  the  pub- 
lic business  until  the  time  lor  adjournment  was  fixed.  He  thought 
it  would  be  well  to  postpone  until  another  session  all  business  that 
could  be  postponed. 

Mr.  BAGBY  thought  the  time  specified  in  the  resolution  from 
the  House  would  give  ample  time  to  enable  Congress  to  dispose  of 
all  the  business.  '  It  was  true,  the  chairmen  of  two  important 
comiuittees  wore  absent,  but  he  would  venture  to  say  that  if  the 
session  were  prolonged  for  six  months  there  would  be  more  absen- 
tees than  there  were  at  present. 

Mr.  BUTLER  had  no  objection  to  fixing  a  day  for  the  adjourn- 
ment, but  he  was  satisfied  that  the  time  specified  in  the  resolution 
would  not  enable  Congress  to  complete  the  business  which  re- 
mained to  be  done.  The  most  important  business  of  the  session 
still  remained  to  be  acted  on,  and  if  this  resolution  were  adopted 
it  would  have  to  be  done  in  the  space  of  four  weeks,  and  done  also 
iu  the  midst  of  much  confusion  He  did  not  perceive  that  there 
need  be  so  much  haste  to  fix  a  day  for  adjournment,  for  they 
would,  it  was  more  than  probable,  be  obliged  to  rescind  the  reso- 
lution if  they  should  adopt  it. 

Mr.  BERRIEN  suggested  that  the  objection  against  fixing  an 
early  day  for  adjournment  might  be  removed  by  amending  the  re. 
solution,  in  accordance  with  the  proposal  of  the  Senator  from  North 
Carolina,  so  as  to  resume  at  the  next  session  the  business  which 
might  be  left  unfinished  at  this,  precisely  where  it  was  at  the  close 
of  the  session. 

Mr.  RUSK  hoped  the  resolution  wonld  not  be  taken  up  this 
morning.  It  was  a  matter  which  required  deliberation.  There 
was  a  great  deal  of  business  remaining  to  be  done.  A  treaty  of 
peace  had  been  concluded  with  Mexico,  and  much  legislation  was 
necessary,  not  only  in  relation  to  disbanding  the  army,  but  what 
was  far  more  important  than  any  other  legislation  that  had  been 
referred  to,  there  must  necessarily  be  territorial  governments 
formed  for  our  newly  acquired  possessions.  It  was  more  impor- 
tant that  they  should  have  governments  than  that  there  should  be 
one  formed  for  Oregon,  situated  as  they  were  with  a  population 
composed  partly  of  Americans  and  partly  of  Mexicans  and  Indi- 
ans, and  being  at  present  under  military  rule. 

Mr.  DAYTON  observed  that  upon  the  proposition  to  take  up, 
Senators  seemed  to  be  making  such  suggestions  as  applied  to  the 
merits  of  the  question.  In  regard  to  the  Senate  not  being  full,  he 
believed  it  had  not  been  more  full  at  any  period  of  the  session,  and 
in  regard  to  the  absence  of  the  chairmen  of  the  committees,  he  be- 
lieved the  business  of  those  committees  was  as  well  known  tooth- 
er members  of  the  committees  as  to  the  chairmen.  The  Senator 
had  asked'  why  this  indication  of  impatience  to  adjourn  ?  He 
thought  there  was  but  little  impatience  manifested  ;  the  17th  of 
Jiily"was  quite  late  enough  for  Congress  to  sit,  unless  they  intend, 
ed  to  sit  the  whole  summer.  If  the  resolution  were  adopted,  and 
in  the  meantime  any  thing  should  occur  to  require  a  prolongation 
of  the  session,  there  would  be  no  difficulty  in  the  way  whatever. 
Ho  thought  he  might  safely  appeal  to  every  member  of  the  Senate 
to  say  whether  the  Senate  did  not  always  anticipate  the  House  in 
working  up  the  business  on  their  calender.  The  House  having 
fixed  the  day  the  Senate  might  safely  adopt  that  day,  because  they 
were  always  able  to  dispatch  their  business  with  a  rapidity  un- 
known to  the  popular  branch.  They  were  not,  however,  to  assume 
that  the  House  would  refuse  to  enlarge  the  time  if  the  business  of 
the  country  required  it.  There  would  be  no  difficulty,  then,  to  be 
apprehended  from  fixing  npon  an  early  day,  and,  as  had  been  ob- 
served, the  business  would  not  bo  likely  to  be  dispatched  until  thn 
time  was  fixed. 

Mr.  JOHNSON,  of  Louisiana,  remarked  that  there  were  up- 
wards of  two  hundred  bills  now  upon  the  calender  which  wore  pro- 
pared  for  the  action  of  the  Senate,  and  it  was  utterly  impossible, 
at  the  rate  af  which  they  had  been  progressing,  that  one-half  of 
these  bills  could  be  acted  on  within  the  time  specified  in  the  reso- 
lution for  the  adjournment-  If  these  bills  were  left  without  the 
action  of  the  Senate,  they  would  all  have  to  be  re-examined  by 
committees— the  whole  business  would  have  to  be  commenced  rfe 
novo.  He  was  as  anxious  as  any  one,  but  he  did  not  think  they 
were  prepared  at  this  moment  to  fix  the  day  for  adjom-nment. 

Mr.  CALHOUN  said  there  was  no  Senator  more  anxious  to  re- 
turn homo  than  he  was,  but  he  could  not  reconcile  it  to  his  sense 
of  duty  to  agree  to  an  adjournment  until  they  were  enabled  to  dis- 
pose of  the  important  measures  that  were  to  be  acted  upon.  Eve- 
ry gentleman  must  perceive,  upon  a  view  of  the  calender,  that  it 
was  utterly  impossible  that  the  business  could  be  completed  with- 


June  13.] 


COMPENSATION  FOR  HORSESJ 


713 


in  the  time  fixed  by  the  resolution.  It  was  saiJ  that  this  was  an 
embarrassinf;  and  inconvenient  time  for  the  transaction  of  business. 
He  would  admit  it,  and  he  lamented  that  it  was  so  ;  but  inconve- 
nient as  it  was,  it  was  not  so  inconvenient  as  it  would  be  next  ses- 
sion. Senators  who  had  been  hero  for  a  number  of  years  would 
bear  him  out  in  saying,  that  the  session  thnt  brought  in  a  new  Pre- 
sident was  a  session  iu  which  little  or  no  business  could  be  done. 
So  that  the  postponement  of  the  business  now  \^as  not  a  postpone- 
ment to  ibo  next  session,  but  a  postponement  to  the  session  after 
the  next.  There  never  had  been  a  session  when  there  was  greater 
urgency  for  the  finishing  up  of  the  business.  Many  of  the  ques- 
tions which  they  would  have  to  discuss,  would  of  conr.se  involve 
important  considerations,  bearing  upon  the  Presidential  election  ; 
but  were  they  for  that  reason  to  shun  them  ?  There  was  the  great- 
er rea.son  for  discussing  them,  in  order  tliat  the  people  might  be 
fully  informed  of  their  true  bearing.  He  thought  the  resolution 
was  premature.  It  ought  to  be  allowed  to  lie  upon  the  table  a 
few  days  until  they  ascertained  what  progress  could  be  made.  Ho 
regarded  it  as  perfectly  fallacious  to  hope  that  they  could  finish 
<iven  the  bills  that  required  immediate  action. 

The  question  being  put  upon  the  motion  to  proceed  to  the  con- 
sideration of  the  resolution,  a  divisiiTn  was  called  for.  and  it  was 
determined  in  the  negative.     Ayes  16,  noes  21. 

COMPENSATION  FOR  HORSES  IN  THE  MILITARY    SERVICE. 

Mr.  TURNEY  moved  that  the  prior  orders  be  postponed  and 
that  the  Senate  proceed  to  consider  the  bill  to  revive  the  act  en- 
titled "An  act  to  provide  for  the  payment  of  horses  and  other 
property  lost  or  destroyed  in  the  military  service  of  the  United 
States,"  approved  18th  January,  1837,  and  August  23d,  1842, 
amendatory  of  the  same. 

The  question  being  put  upon  the  motion  to  proceed  to  the  con- 
sideration of  the  bill,  it  was  determined  in  theairirmative.  Ayes 
20;  noes  not  counted. 

The  Senate  proceeded  to  consider  said  bill  as  in  Committee  of 
the  Whole. 

Mr.  BADGER  desired  the  Senator  from  Florida,  or  the  Senator 
from  Tennessee,  to  explain  the  character  gf  the  legislation  that 
was  to  bo  continued  by  this  bill. 

Mr.  VVESTCOTT  referred  to  and  read  the  acts  of  Congress 
which  was  proposed  to  be  revived. 

Mr.  BADGER  inquired  in  what  manner  the  value  of  the  pro- 
perty was  to  be  a.scertained. 

Mr.  WESTCOTT  replied  that  proof  was  requued  to  be  fur- 
nished to  the  War  Department. 

Mr.  BADGER. — What  is  the  maximum  price  to  be  allowed  for 
each  horse  ? 

Mr.  WESTCOTT. — Gen.  Jessup's  letter  written  in  the  case  of 
Lieut.  Buel,  which  is  printed,  says  one  hundred  ilollars. 

Mr.  DAVIS,  of  Mississippi. — I  believe  the  Senator  will  find  that 
there  is  an  act  relating  to  this  subject,  passed  iu  ISJfi,  which  is 
yet  in  existence,  and  to  which  he  has  not  referred. 

Mr.  WESTCOTT.— That  act  does  not,  I  apprehen<l,  relate  to 
the  point  which  is  aimed  at  in  this  enactment. 

The  PRESIDING  OFFICER.— Is  the  Senate  ready  for  the 
question  ? 

Mr.  DAYTON. — I  trust  not.  The  act  referred  to  by  the  Sena- 
tor from  Mississippi  has  not  been  read .  I  would  like  to  have  a 
clear  understanding  as  to  whether  that  act  does  not  involve  the 
very  point  embraced  in  this  bill,  or  will  not  conflict  with  it. 

Mr.  WESTCOTT  — I  apprehend  there  is  no  conflict  between 
the  two  which  should  prevent  the  passage  of  this  act.  There  was 
an  omission  in  the  act  of  '46.  It  certainly  could  not  have  been  in- 
tended by  that  act  that  the  forty  cents  should  be  the  compensation 
for  all  risk.  The  cases  intended  to  be  provided  for  by  this  act  are 
not  included  in  the  act  of  1846,  and  they  are  cases  in  which,  as  the 
law  now  stands,  the  volunteer  can  claim  no  remuneration  for  his 
loss. 

Mr.  BORLAND. — I  wish    to  inquire  of  the    honorable  Senator 
from  Florida  what  is  his  understanding  of  the  9th  section  of  the  act 
of  1846  ?     I  do  it  for   the  purpose  of  calling  his  attention  to  a  re- 
cent decision  of  the  Third  Auditor  in  regard  to  that  portion  of  the 
section  which  excepts  horses  actually  killed  in  action.     My  under- 
standin<:  is,  that  the  intention  of  that  section  is  to  provide  that  the 
volunteer  shall  be  paid  the  value  of  his  horse.     It  provides  that  he 
shall  receive  forty  cents  a  day  for  the  risk  arising  from  other  cau- 
ses  than   actual   battle,   and   when   the  horse  is  killed  in  action  I 
suppose  he  is   to  be    paid  for.     By  a  recent  decision,  however,  of 
the   Third   Auditor,  no  horse  is  to  be  paid  for  at  all.     My  inquiry 
is,  whether  the  Senator  considers  that  horses  actually  killed  inac- 
tion are  to  be  paid  for  under  the  act  of  1846  ? 
Mr.  WESTCOTT.— I  do  conceive  so. 
Mr.  BUTLER. — Not  the  horses  of  volunteers? 
Mr.  WESTCOTT.— Y'es,  sir. 
'    Mr.  BORLAND. — It  is  an  act  directly  applied  to  volunteers. 
Mr.  WESTCOTT.— And  provides  that  forty  cents  a  day  shall 
30th  Cong. — 1st  Session — No.  90. 


be  paid  for  the  ■'use  and  risk"  of  the  horse,  except  in  the  case  where 
a  horse  is  killed  in  action.  Whether  the  forty  cents  is  to  be  paid  up  to 
the  time  when  he  is  killed,  and  then  his  value,  I  do  not  know.  By  the 
term  "use  and  risk,"  I  suppose  it  was  only  intended  to  cover  that 
sort  of  risk  which  horses  sutler  by  going  into  hard  service. 

Mr.  BORLAND. — I  would  suggest  to  the  honorable  Senator 
from  Florida,  that  in  view  of  the  recent  decision  of  the  department 
upon  the  subject,  some  provision  in  addition  to  what  he  proposes, 
should  be  made,  inasmuch  as  the  decision  of  the  department  is  in 
conflict  with  the  Senator's  opinion. 

Mr.  DAVIS,  of  Mississippi  — I  dislike  to  continue  this  eolloquv. 
and  it  is  particularly  disagreeable  to  me  in  this  case,  where  r,,y 
duty  is  on  one  side  and  feelings  on  the  other.  I  conceive  that  the 
act  of  1846  was  designed  to  cover  precisely  such  cases  as  are  con- 
templated by  this  act.  Horses  lost  by  accident,  and  perhaps  by 
neglect,  will  form  the  mass  of  claims  presented  for  payment.  The 
injustice  of  the  decision  to  which  the  Senator  from  Arkar.sas  refers 
is  palpable,  when  vou  consider  that  an  odicer  has  only  to  present 
his  account  and  it  is  paid  ;  but  when  a  private  has  his  hor.se  kill- 
ed ho  can  get  no  compensation.  I  think  there  ought  to  be  a  pro- 
vision of  ihis  kind,  but  the  great  mass  of  claims  that  will  come  up 
arise  out  of  horses  having  broken  their  tether  and  escaped.  And 
the  Senator  from  Florida  entirely  misconceives  the  law.  Horses 
turned  out  to  graze  are  frequently  lost.  But  this  is  not  a  parallel 
case.  It  was  a  part  of  their  contract  to  furnish  their  own  forage, 
and  they  were  compensated  for  it  in  the  gross. 

Mr.  DOWNS. — Do  I  understand  the  Senator  to  say  that  volun- 
teers furnish  their  own  forage  ? 

Mr.  DAVIS.— Certainly. 

Mr.  DOWNS.— How  was  it  in  Mexico  ? 

Mr.  DAVIS. — I  ask  the  honorable  Senator  from  Arkansas  whe. 
tlior  the  volunteers  there  did  not  furnish  their  own  forage  ? 

Mr.  BORLAND. — It  was  always  furnislicd  by  them,  except 
upon  the  march  from  the  Rio  Grande  to  San  Antonio,  when  it 
could  not  be  obtained. 

Mr.  DAVIS. — To  revive  the  law  of  1836,  overlooking  an  act 
amendatory  of  that  law.  is  not,  in  my  opinion,  the  proper  course. 

Mr.  WESTCOTT.— This  bill  is  similar  to  one  reported 
in  the  House,  and  was  consiilered  sufficient  to  embrace  all  the 
cases  that  could  arise  under  the  law,  I  will  read  the  cases  again, 
and  I  think  the  Senator  will  be  satisfied,  that  there  is  a  miscon- 
cO]>tiou  on  his  part.  With  regard  to  compensation  for  the  use  or 
risk,  this  bill  refers  explicitly  to  such  cases,  so  that  there  can  be 
no  dilBcully .  The  bill  has  not  received  frnui  me  so  much  attention 
as  it  wouki,  had  it  not  been  reported  in  the  House,  If  the  bill  is 
to  bo  postponed,  1  prefer  that  it  should  bo  referred  to  the  Military 
Committee. 

Mr.  NILES. — I  was  about  to  move  to  postpone  the  bill  until 
Monday  next,  but  if  the  gentleman  desires  it,  I  have  no  objection 
that  it  be  referred  to  the  Military  Committee.  I  only  desire  to  act 
understandingly.  As  I  understand  it,  the  bill  proposes  to  revive 
an  act  providing  compensation  for  horses  lost  in  the  public  ser- 
vice, and  it  appears  there  is  a  law  in  existence,  the  provisions  of 
which  are  certainly  diflTerent  from  those  which  existed  when  the 
act  proposed  to  be  revived  was  passed.  I  am  not  prepared  to  say 
that  some  new  provision  should  not  be  made,  but  I  want  an  oppor- 
tunity to  examine  what  that  provision  should  be. 

Mr.  DAYTON  remarked  that  it  was  evident  at  the  first  glance, 
that  the  bill  was  so  loosely  expressed,  as  to  cover  a  vast  aggre- 
gate of  claims  against  the  government.  The  maximum  allowance 
for  horses  killed  in  action  was  one  hundred  dollars,  and  yet  the 
per  diem  allowance  for  "  use  and  risk,"  amounted  to  one  hundred 
and  fifty  dollars  per  annum.  He  was,  therefore,  strongly  impress- 
ed with  a  conviction  of  the  propriety  of  the  suggestion  of  the  Sen- 
ator from  Florida. 

Mr.  BORLAND  stated  that  the  remarks  of  the  Senator  from 
New  Jersey  as  to  the  maximum  value  allowed  for  horses  killed  in 
battle  applied  only  to  the  regular  army,  and  not  to  the  horses 
owned  by  privates  in  the  volunteer  service,  which  were  valued  by 
a  board  appointed  for  the  purpose.  In  many  eases  a  private 
whose  horse  had  been  valued  only  at  sixty  dollars,  was  obliged  to 
supply  the  loss  of  the  animal  by  purchasing  another  at  a  cost  of 
perhaps  double  the  sum.  Fully  one-half  of  the  horses  of  volun- 
teer soldiers  were  lost  before  they  ever  got  into  action,  subjecting 
the  owners  to  great  additional  expense.  The  allowance  of  forty 
cents  per  diem  was  intended  only  as  the  ordinary  "  use  and  risk." 
It  did  not  cover  for  instance,  the  risk  incurred  in  express  riding, 
which  almost  invariably  resulted  in  the  loss  of  the  animal.  There 
was  also  the  great  loss  attendant  on  the  deficiency  and  bad  quali- 
ty of  the  forage.  He  contended  that  adequate  provision  should  be 
made  for  the  payment  of  the  just  claims  of  the  volunteer  privates, 
who  were  obliged  to  yield  obedience  to  the  orders  of  superiors, 
and  had  no  discretion  in  the  care  of  their  horses. 

Mr.  TURNEY  was  opposed  to  sending  the  bill  to  the  Connmit- 
tee  on  Military  Afl'airs,  although  he  had  no  objection  to  passing  it 
over  informally  till  to-morrow,  so  that  Senators  might  have  an  op- 
portunity of  examining  its  provisions.  But  resolutions  on  the 
same  subject  from  the  legislature  of  Tennessee,  had  been  referred 
early  in  the  session  to  the  Military  Committee,  and  there  had  been 


714 


DUTY  ON  RAILROAD  IRON. 


[Tuesday, 


no  report  on  them.  He  was,  therefore,  riot  authorized  to  expect 
speedy  aciion  on  tlii?  bill  if  it  was  spni  to  tliat  commiite.  He  could 
rot  ccmce^ve  how  nry  objection  conUl  be  urjied  Rgainbt  the  bill  un- 
less it  was  proposed  to  change  t be  wfcole  Jegislation  of  Congress 
heretofore  on  the  subject. 

Mr.  DAVIS,  of  Mississippi,  said  that  the  resolutions  to  vrhioh 
the  Senator  from  Tennessee  hfd  alluded,  were  submitted  to  the 
Senator  from  Texas,  [Mr.  Husk,]  who  had,  bo  believed,  prepared 
a  report  upon  the  subject.  The  resolutions  were,  therefore,  in  the 
hands  of  one  who  was  thoroughly  acquainted  wilb  the  subject,  and 
no  doubt  a  report  would  be  made  in  due  time. 

Mr.  RUSK  said  he  rose  simply  for  the  purpose  of  remarking 
that  early  in  tlio  session,  the  resolutions  alluded  to  were  referred 
to  the  Military  Committee,  and  then  placed  in  his  hands.  Ho 
had  as  yet  made  no  report,  because  he  had  observed  that  the  ques- 
tion had  come  up  in  the  House  of  Representatives,  and  he  hbd 
awaited  the  aciion  of  that  body.  As  to  the  bill  before  the  Senate, 
he  was  well  satisfied  with  it  and  should  vote  for  it,  although,  per- 
haps, it  went  a  littie  too  far.  As  a  matter  of  economv,  however, 
he  thought  that  this  was  the  best  arrangement  that  could  be  made. 
If  a  general  law  were  made,  all  cases  must  come  up  to  it,  and  the 
applications  for  relief  would  stop  there. 

After  some  further  conversation,  the  bill  was  referred  to  the 
Committee  on  Military  Affairs. 

REMOVAL    OF   THE    LAMP    AND    MAST    IROM    THE    DO.ME    OF    THE 
CAPITOL. 

On  motion  by  Mr.  WEBSTER,  the  Senate  proceeded  to  con. 
sider  the  resolution  from  the  House  of  Representatives  directing 
the  removal  of  the  lamp  and  mast  from  the  dome  of  the  capitol; 
and  it  was 

iUaolvcd,  Thai  ihcy  concur  therein . 


Ordered,-Tha.t  the  Secretary  notify  the  Housa  of  Representa- 
tives accordingly. 

fOSEIGK   MAILS. 

Mr.  NILES,  from  the  Committeo  on  the  Post  Office  and  Post 
Roads,  to  whom  was  referred  the  amendments  of  the  House  to 
the  bill  to  amend  the  act  to  provide  for  the  transportation  of  the 
mail  between  thtf  United  States  and  foreign  countries,  reported 
the  same  back  with  a  recommendation  that  the  Senate  recede 
from  its  third  amendment  and  concur  in  the  amendments  of  the 
House  to  the  amendment  of  the  Senate. 

Mr.  NILES  asked  for  the  immediate  consideration  of  there- 
port. 

Mr.  HALE  objected,  and  the  report  was  laid  over. 

HEMHSION    or    DUTY    ON    BAILBOAD    IROK. 

On  motion  by  Mr  BUTLER,  the  prior  orders  were  postponed 
and  the  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  for  the  relief  of  the  Central  Railroad  and  Bank- 
ing Company  of  Georgia. 

No  amendment  being  made,  the  bill  was  reported  to  the  Senate. 

Ordered,  That  it  bo  engrossed  and  read  a  third  time. 
The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Resolved,  That  tliis  bill  pajj,  and  that  the  title  thereof  be  kb  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

On  motion, 

The  Senate  then  adjourned. 


June  14. j 


PETITIONS— RESOLUTIONS,  ETC. 


715 


WEDNESDAY.  JUNE  14,  1848. 


PETITIONS. 


Mr.  DIX  presented  the  petition  of  Daniel  G«Garnsey,  an  offi- 
cer in  the  last  war  with  Great  Britain,  praying  compensation  for 
his  military  services;  which  was  referred  to  the  Committee  on 
Military  Affairs. 

Mr.  FELCH  presented  a  memorial  of  citizens  of  Michigan 
praying  the  purchase  of  Mount  Vernon  by  the  government;  which 
was  referred  to  the  Committee  on  Military  Affairs. 

HOUK    or   MEETING. 

Mr.  ATHERTON  sabmitted  the  following  resolution  for  con- 
sideration : 

Heaolvid,  That  the  daily  hour  of  uieetiog  of  the  Senate  shall  be  11  o'clock,  A-  M., 
QBtU  otherwise  ordered. 

ORCEK  TO   PRINT. 

On  motion  by  Mr.  BADGER,  it  was 

Ordered,  That  the  report  of  the  Secretary  of  War  relative  to 
armories  and  the  manufacture  of  arms  by  the  United  States,  made 
in  compliance  with  a  resolution  of  the  Senate,  be  printed. 

THE    TKEATY  WITH  MEXICO. 

Mr.  MANGUM  submitted  the  following  motion  for  considera- 
tion : 

Ordered,  That  20,000  copies  of  the  proceedings  of  the  Senate 
in  Executive  session  on  the  treaty  with  Mexico,  and  of  the  docu- 
ments from  which  the  injunction  of  seoresy  has  been  removed  by 
the  resolutions  of  the  Senate  of  the  3Ist  May  and  the  2d  instant, 
be  printed  for  the  use  of  the  Senate. 

MESSAGE   FROIVI  THE  PKE3IEENT. 

The  following  messace  was  received  from  the  President  of  the 
United  Stales,  by  Mr.  Walker,  his  Secretary  : 

Mr.  President  :  The  President  of  the  United  States  approved  and  signed,  the  13lli 
instant,  the  following  acts  : 

*    An  act  for  the  relief  of  Fernando  Felianny 

An  act  for  the  relief  of  Jone«  &  Boker.  • 

.An  act  for  the  relief  of  RicbftiJ  BloiS  and  oUiar$. 

An  act  for  the  relief  of  Charles  L.  Dell. 

An  act  for  the  relief  of  Joseph  Wilson. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre. 
sentatives,  by  Mr.  Campbell,  their  Clerk  : 

Mr.  President  :  The  Speaker  of  the  Honse  of  Representatives  lia\ing  signed  two 
enrolled  bills,  X  am  directed  to  b.ing  them  to  the  Senate  for  the  signature  of  their 
Preaideut. 

SIGNINQ  OF  BILLS. 

The  President,  pro  tempore,  signed  the  following  enrolled  bills: 

An  act  to  attach  a  portion  of  the  North  Western  Land  District,  Louisiana,  to  the 
District  north  01  Red  River,  Louisiana. 

Ad  actio  amend  the  act  entitled  "  An  act  to  appToprlate  the  proceeds  of  the  sales 
of  the  pnblic  lands,  and  to  grant  piC'cmption  rights.'' 

PRIVATE   BILL. 

Mr.  BADGER,  from  the  Committee  on  Naval  Affairs,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  for  the 
relief  of  Robert  Ramsey,  reported  it  without  amendment. 

DISCHARGED. 

On  motion  by  Mr.  ATHERTON,  it  was 

Ordered,  That  the  Committee  on  Finance  be  discharged  from 
the  consideration  of  the  petition  of  John  Golder. 

APPROPRIATION  BILLS. 

Mr.  ATHERTON,  from  the  Committee  on  Finance,  to  whom 
was  releired  the  bill  from  the  House  of  Representatives  making 
appropriations  for  the  service  of  the  Post  Office  Depart mcnt  for 
the  year  ending  the  30th  of  June,  1S49,  reported  it  with  an  amend- 
ment. 

Mr.  ATHERTON,  from  the  tame  committee,  to  whom  was 
referred  tho  bill  from  the  House  of  Repiesentaiivcs  making  ap- 
propriations for  the  payment  of  Revolutionary  and  other  pensions 
of  the  United  States  for  tb«  year  ending  June  30,  1849,  reported 
U  vtitiMiat  ameadoieat. 


PRIVATE    BILLS. 

Mr.  DOWNS,  from  the  Committee  on  Commerce,  to  whom 
were  referred  the  following  bil's  fiom  tho  House  of  Representa- 
tives, reported  them  without  amendment : 

An  act  for  the  relief  of  the  owners  of  the  Spanish  brig  Restanrodor. 
.\n  act  for  the  relief  of  Philip  J.  Fontaio. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen. 
sions,  to  whom  was  referred  the  following  bills  from  the  House  of 
Representatives,  reported  them  without  amendment : 

An  act  for  the  relief  of  Artemas  Conant. 

An  act  for  the  relief  of  Jesse  Washington  Jackson. 

An  act  for  tho  relief  of  Nathaniel  Shaflett. 

An  act  for  the  relief  of  Hugh  Riddle. 

CHANGE    OF    REFERENCE. 

On  motion  by  Mr.  JOHNSON,  of  La.,  it  was 

Ordered,  That  the  Committee  nn  Pensions  be  discharged  from 
the  further  consideration  of  tho  bill  from  thr  House  of  Represen- 
tatives lor  the  relief  of  Wm.  Tee,  of  Portsmouth,  Virginia,  and 
that  it  be  referred  to  the  Committee  on  Naval  Affairs. 

ADVERSE   REPORTS. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  were  referred  the  following  bills  from  the  House  of 
Representatives,  reported  them  without  amendment,  and  that  tho 
same  ought  not  to  pass  : 

An  act  for  the  relief  of  Daniel  H.  Warren. 
An  act  for  the  rtl.ef  of  Sarah  Wood. 

COMPENSATION   FOR   HORSES   LOST  IN  THE  MILITART  SERVICE. 

Mr.  BORLAND,  from  the  Committee  on  Military  Affairs,  to 
whom  was  referred  tho  bill  to  revive  the  act  cntille^i  "An  act  to 
provide  lor  the  payment  of  horses  and  other  property  lost  or  de- 
stroyed in  the  military  service  of  the  United  States,"  approved 
18th  January,  1827,  and  the  acts  approved  14th  February,  1337, 
and  August  23,  1842,  amendatory  o(  the  same,  reported  it  with 
amendments. 

The  Senate  proceeded  to  consider  said  bill  and  amendments  as 
in  Committeo  of  the  Whole;  and  the  amendments  having  been 
agreed  to,  the  bill  was  reported  to  the  Senate,  and  tho  amend- 
ments were  concurred  in. 

Ordered,  That  the  bill  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time,  and  the  title  was  amended. 

Hesotv&l,  That  this  bill  pass,  and  that  the  title  thereof  be  "An  act  to  revive  the 
act  entitled  'An  act  to  provide  for  the  payment  of  horses,  and  other  property,  lost  if 
destroyed  in  the  military  sen  ice  of  the  United  Siatet.'  approved  J..Dnary  16,  1837, 
and  the  acts  a[ipioved  October  14, 1&37,  and  August  23,  liii,  and  the  last  prori<oto 
the  act  of  March  3,  lfc43,  amendatory  of  the  same." 

Ordered,  That  the  Secretary  request  the  eoncurrenca  of  the 
House  of  Representatives  therein. 

TEXAS   MOUNTED   BEGIMENT. 

Mr.  RUSK,  from  the  Committee  on  Military  Affairs,  to  whom 
was  referred  the  joint  resolution  from  the  Hiiuse  ol  Ropreseniaiives 
providing  for  the  payment  of  a  regiiiieni  of  Texas  mounted  i  roups 
called  into  the  service  of  the  United  States  under  the  requisition 
of  Colonel  Curtis,  in  the  year  1847,  and  for  other  purposes,  re- 
ported it  with  an  amendment,  and  asked  for  its  immediate  consi 
deration. 

The  Senate  proceeded  to  consider  the  said  resolution  as  in  Com- 
mittee of  the  Whole  ;  and  tho  amendment  having  been  agreed  to, 
it  was  repoit.td  to  the  Senate,  and  the  amendment  was  concurred 
in. 

Ordered,  That  the  amendments  be  engrossed,  and  the  resolu- 
tion read  a  third  time. 

The  said  resolution  was  read  a  third  time,  as  amended. 

Rttolvtd,  That  tliis  resolution  pass,  with  an  amendment. 

Ordertd,  That  the  Secretary  request  the  concurrouce  of  the 
House  of  Representatives  in  the  amendment. 

ISAAC    OARRETTSON,  U.  S.  N.,  DECEASED. 

Mr.  YULEE,  from  the  Committee  on  Naval  Affairs,  to  whom 
was. referred  the  bill  for  the  relief  of  John  R.  Bivan,  ndministra- 
tor  of  Isaac  Garrettson,  deceased,  late  a  purser  in  the  United 
States  Navy,  reported  the  same  without  ainendraeiit,  and  ^ub^llt- 
ted  a  lepoit  on  the  subjeotj  wbicii  wa«  ordered  to  be  printed. 


716 


INDIAN  APPROPRIATION  BILL. 


[Wednesday, 


DISCHARGE    OF   TROOPS. 

Ml'.  BENTON,  by  utmnitnous  consent,  asked  and  obtained 
leave  to  bring  in  a  joint  resolution  to  regulate  the  discliarge  and 
payment  of  tlie  temporary  troops  returning  from  tho  Mexican 
war;  wliieli  was  read  and  passed  to  tho  second  reading. 

Mr.  BENTON  gave  notice  that  he  should  ask  the  Senate  to 
proceed  To  llie  consideration  of  tile  rciolution  to-morrowj  and  on 
his  molion  it  was 

Ordered,  That  it  be  printed. 

WAK    CORRESPONDENCE. 

The  Senate  proceeded  to  consider  tlie  following  resolution  sub- 
mitted by  Mr.  Badger,  on  the  12th  instant  : 

RrsnU^cil,  Tliat  tlipre  be  pruned  for  tiie  use  of  the  Senate copies  ol"  Kxecutive 

document  No  60oltlie  House  ol'  Representatives  of  the  present  session,  entitled  the 
Me.\ican  war  correspondence. 

Mr.  NILES  thought  that  it  was  unusual  for  the  Senate  to  or- 
der the  printing  of  House  documents.  Besides  he  did  not  know 
the  character  of  the  document. 

Mr.  BADGER  replied  that  it  contained  the  correspondence  re- 
lative to  the  Mexican  war. 

Mr.  DOWNS  enquired  whether  it  embraced  the  last  corres- 
pondence ? 

Mr.  BADGER  was  not  certain  that  it  did. 

Mr.  MANGUM  said  he  should  like  to  see  the  resolution  amend- 
ed by  making  it  embrace  a  good  deal  of  the  correspondenco  com- 
municated to  the  Senate  in  Executive  .session. 

Mr.  BADGER  then  remarked  that  he  was  willing  that  the  re- 
solution should  lie  over  anotiicr  day,  merely  tilling  the  blank  at 
present. 

Mr.  TURNEY  objected  to  filling  the  blank. 

Ordered,  That  tho  further  consideration  of  the  resolution  be 
postponed  until  to-morrow. 

drawings  and  kngbavings. 

The  Senate  |iroeeeded  to  consider  the  following  resolution  sub- 
mitted by  Mr.  Westcott,  on  the  12th  inst.,  and  it  was  agreed  to: 

W^so/r'r:*/,  That  (lie  Secretary  of  the  Senate  be  anthorized  to  pay  out  of  the  eon 
tingent  fond  of  I  he  Senale  to  t'harles  L..  Fleischtnann  such  sum  as  the  Commissioner 
of  Patents  may  certify  is  reasonable,  and  Ihe  Coiiiitiittee  of  the  Contingent  Fund 
may  app'ove  of,  for  finishing  tlie  drawings  anil  engrav'in;fs  for  the  publication,  by 
order  of  the  Senate,  of  Patent  Olfice  report. 


BILL. 

as  in  Committee  of  the 


INDIAN    appropriation 

The  Senate  resumed  the  consideration, 
Whole,  of  the  bill  from  the  House  of  Representatives  making  ap- 
propriation fur  the  current  and  contingent  expenses  of  the  Indian 
Department,  and  for  fulfilling  treaty  stipulations  with  the  various 
Indian  tribes  for  tho  year  ending  on  the  30th  June,  184(t,  and  for 
other  purposes. 

The  question  pending  was  upon  agreeing  to  the  following 
amendment,  heretofore  submitted  by  Mr.  Bell  : 

Sec.  .  -/hitl  bi:  it  further  fiwcicd,  That  the  Secretary  of  War  cause  to  be  ascer- 
tained the  number  and  names  of  such  individuals  and  families,  including  each  mem- 
ber of  every  family  of  the  Cherokee  nation  of  Indians,  that  leniained  in  the  Slate  of 
Nnrlii  Carolina  at  the  time  of  llie  ratification  of  the  treaty  of  New  Echota,  May  '2.'1, 
Jy36,  and  wlio  liave  not  rennA'ed  west  of  the  Mississippi,  or  received  the  commuta- 
tion Jbi  removal  and  subsistence,  and  report  the  same  to  the  Secretary  of  the  Treas- 
ury :  whereupon,  the  Secretary  of  the  Treasury  shall  set  apart,  out  of  any  moneys 
in  the  treasury  not  otherwise  appropiiated,  a  sum  equal  10  hfty-three  dollars  and  thir- 
ty three  cents  for  each  tiidividiini  ascertained  as  aforesaid,  and  that  he  cause  lo  be  paid 
to  every  such  individual,  or  Ins  or  her  legal  representative,  interest  at  the  rate  ol  si.v 
per  cent  per  annum  on  such  per  capita,  from  the  said  i.ld  day  of  May,  ]8;J6,  to  the 
time  of  the  passage  of  tins  act  ;  and  continue  annually  thereafter  said  payment  of 
interest  at  the  rate  ul'iiresaid. 

Skc.  .  And  he-  it  /rn-f/ifr  errrrr/fi/.  That  whenever,  hereafter,  any  individual  or 
individuals  of  said  Cherokee  Indians,  shall  desire  to  remove  and  join  the  tribe  West 
of  the  Mississippi,  then  the  Secretary  of  War  shall  he  aiithorizeo  to  withdraw  from 
the  fund  set  apart  as  aforesaid,  the  sum  of  ti fly  three  dollars  and  thirty  three  cents, 
and  the  interest  due  and  unpaid  thereon,  and  a)iply  the  same  or  such  part  thereof,  as 
shall  be  necessaiy  lo  llie  removal  and  subsistence  of  siiirh  individual  or  individuals, 
and  pay  the  remainder,  if  any.  or  the  whole,  if  the  said  Indians  or  any  of  them  shall 
prefer  lo  removi-  themselves,  to  such  illdividnals  or  heads  of  families,  upon  ttieir  re- 
moval west  of  the  Mississippi. 

Mr.  BREESE  moved  that  the  Senate  now  proceed  to  tho  con- 
sideration of  the  bill  providing  for  the  establishment  of  the  terri- 
torial government  of  Oregon. 

Mr.  DAYTON  hoped  that  tho  Indian  appropriation  bill  would 
first  bo  disposed  of.  It  had  already  occupied  several  days  to  the 
exclusion  of  other  business,  and  as  it  was  likely  that  a  vote  oould 
be  had  upon  it  speedily,  he  trusted  that  the  Senate  would  resume 
the  consideration  of  it  in  order  to  dispose  of  it  finally  without  far- 
ther delay. 

Mr.  BREESE  said  that  tho  Indian  appropriation  bill  would  un- 
doubtedly consume  the  whole  day.  All  knew  tho  iinportanco  of 
the  Oregon  bill.  It  had  been  brought  to  the  notice  of  the  Senate 
by  a  recent  message  of  the  President,  and  immediate  action  upon 
it  was  absolutely  necessary. 

The  question  was  then  put,  and  on  a  division  being  called  for, 
it  was  decided  iii  tho  nogalivo,  by  ayes  14,  noes  19. 


The  Senate  then  resumed  the  consideration  of  the  Indian  ap- 
propriation bill,  the  question  pending  being  upon  the  amendment 
offered  by  the  gentleman  from  Tennessee. 

Mr.  BELL  addressed  the  Senate  in  support  of  his  amendment. 
He  said,  it  is  well  known  that  this  question  grows  out  of  a  treaty 
with  the  Cherokee  Indians,  made  in  the  year  1835,  commonly  call- 
ed the  treaty  of  New  Echota.  The  principal  stipulation  of 
that  treaty  was,  that  the  whole  country  held  by  the  Cherokee 
tribe  of  Indians,  and  lying  in  four  States  of  the  Union — Georgia, 
Tennessee,  Alabama,  and  North  Carolina — should  be  ceded  to  the 
United  States  in  consideration  of  the  sum  of  five  millions  of  dol- 
lars. When  it  cSme  to  be  finally  settled  and  ratified  bv  the  Sen- 
ate, it  was  provided  by  the  15th  article  that  the  whole  expense  of 
removal  and  subsistence  of  the  Indians  west  of  the  Mississippi 
was  to  be  paid  out  of  this  fund.  But  after  the  main  articles  of  the 
treaty  were  ratified,  a  portion  of  the  Cherokee  delegation  memo- 
rialized the  President  of  the  United  States,  suggesting  that  by 
the  tenns  of  the  treaty  at  the  tune  it  was  entered  into  by  that  por- 
tion of  the  nation  called  the  treaty  party,  they  understood  that 
the  United  States  were  t<»  bear  the  expenses  of  the  removal  of  the 
Indians,  in  addition  to  the  payment  of  the  five  millions  £?iven  in 
consideration  for  their  country.  Upon  the  message  of  the  Presi. 
dent,  the  Senate  took  up  that  subject  for  consideration,  and  resol- 
ved, that  in  addition  to  the  five  millions,  they  would  pay  the  ex- 
pense of  the  removal  of  the  Indians  ;  which  was  provided  for  in  a 
supplemental  article  of  the  treaty.  But  this  I'tirther  difficulty 
aro.se.  The  Cherokee  Indians  of  North  Carolina,  about  the  time 
of  the  ratification  of  the  treaty,  sent  on  their  agent  here  to  in- 
quire how  tlieir  interests  were  to  be  efiected,  and  they  learned,  it 
seems,  to  their  astonishment  and  suprise,  that  their  country,  as 
well  as  that  of  the  treaty  party,  was  ceded  to  the  United  States 
by  this  treaty  of  1835,  and  it  became  a  question  of  interest  to 
them,  to  asceitain  what  provision  was  made  for  the  security 
of  their  interests.  They  found  that  no  reservations  were  made  in 
their  favor,  except  that  they  had  the  privilege  of  purchasing  their 
lands  at  the  minimum  government  price.  They  also  discovered, 
on  exatnining  the  treaty,  that  much  the  larger  portion  of  the  bene- 
fit extended  by  it  would  inure  to  the  Indians  emigrating  west  of 
the  Mississippi.  They  protested  against  the  ratification  of  the 
treaty  until  these  questions  should  be  in  some  manner  settled  to 
their  satisfaction,  and  I  propose  now  to  show  by  a  brief  reference 
to  the  articles  of  the  treaty — to  the  communications  of  the  Execu- 
tive, and  to  the  course  taken  by  Congress  on  this  subject,  that  the 
Indians  remaining  in  North  Carolina  have  a  just  ground  to  appeal 
to  the  Congress  of  the  United  States  for  llie  appropriation  which 
is  asked  in  the  amendment. 

I  will  read  again,  a  part  of  the  8th  article,  as  there  are  now 
some  Senators  present  who  were  absent  when  1  had  the  honor  ol 
addressing  the  Senate  on  a  previous  occasion : 

"Such  persons  and  families  as,  in  the  opinion  of  llie  emigrating  a^ent  are  capable 
of  subsisting  and  removing  lliemselves  slnjll  he  permilled  to  do  so  ,  and  they  shall  he 
allowed  Ml  full  for  all  claims  for  the  same,  twenty  dollars  for  each  member  of  their 
family  ;  and  in   hen  of  their  one  year's  rations,  they  shall  be  paid  the  sum  of  thirty 
three  dollars  and  thirty  three  cents,  if  they  prefer  it." 

The  next  article,  bearing  upon  this  question  is  the  12th,  and  to 
it  I  beg  to  direct  the  attention  of  the  Senate. 

"Art.  Vi.  Those  individuals  and  families  of  the  Cherokee  nation  that  are  averse  to 
a  removal  to  the  Cherokee  countrv  west  of  the  Mississippi,  and  are  desirous  to  become 
citizens  of  the  Stales  where  they  reside,  and  such  as  are  i|ualified  to  take  care  of  them- 
selves and  llieir  properry,  shall  be  entitled  to  receive  their  due  portion  of  ail  the  jier- 
sonal  benefits  accruing  under  ibis  treaty  for  their  claims,  improvements,  anipcr  capi- 
ta, as  soon  as  an  appropriation  is  made  for  this  treaty." 

Now,  the  North  Carolina  Indians  were  no  parties  to  this  origi- 
nal treaty.  They  were  not  represented  in  the  council  which  made 
the  treaty.  But  their  whole  country  was  ceded.  They  took  the 
benefit  of  the  permission  given  by  the  12th  article  to  remain  east 
of  the  Mississippi  ;  and  the  question  arose,  what  were  those  per- 
sonal benefits  to  which  they  were  entitled  ?  Their  country  had  pass- 
ed out  of  their  hands,  and  they  could  acquire  territory  in  no  other 
way  than  by  purchase  like  other  citizens  of  the  United  States. 
The  only  provision  m  their  favor  was,  that  they  had  a  right  to  pur- 
chase at  the  minimum  government  price.  They  contended,  then, 
that  they  were  entitled  to  the  full  proportion  of  the  consideration 
given  for  the  whole  country  in  proportion  to  their  number;  which 
was,  as  I  have  ascertained,  about  twelve  hundred  and  fifty  at  that 
period;  and  when  they  came  to  look  at  this  12th  article,  they  be- 
came doubtful  whether  it  did  secure  to  them  this  commutation  for 
removal  and  subsistence.  The  argument  of  the  Senator  from  New 
Hampshire  was,  that  as  they  did  not  remove  west  of  the  Missis- 
sip)ii.  they  could  not  be  entitled  to  the  commutation.  But  the 
treaty  gave  them  the  privelege  of  remaining  east  of  the  Mississippi. 
The  whole  country  belonging  to  the  Cherokees  was  sold  lor  five 
millions,  and  the  North  Carolina  Indians  contended  that  if  those 
Indians  who  chose  to  emigrate  were  entitled  to  commutation  out 
of  the  common  fund,  those  who  remained  east  of  the  Mississippi 
had  an  equally  good  claim  to  it. 

E^Now,  I  will  attempt  to  show  in  what  manner  these  Indians  be- 
came satisfied  that  they  would  be  safe  in  acquiescing  in  the  treaty. 
For  tlie  sake  of  convenience,  I  will  read  from  a  document  which 
contains  extracts  from  the  various  papers  on  tho  files  of  the  de- 
partments relating  lo  this  subject.  Tho  commissioners  to  whom 
the  project  of  the  treaty  was  committed  by  the  then  President, 
Gonoral  Jackson,  received  instructions  from  the  Secretary  of  War, 
under  the  direction  of  the  President,  and  froia  these  instructions  I 
shall  now  read  an  extract  i 


June  14.] 


INDIAN  APPROPRIATION  BILL. 


717 


"Art.  14.  Those  individuals  and  families  of"  Uie  Cherokee  nation  that  are  averse 
to  a  removal  to  the  Cherokee  country  west  of  the  Mississippi,  and  are  desirous  to  W- 
fome  citizens  of  the  States  where  they  reside,  and  such  as,  in  the  opinion  ol'tlie 
agent,  are  qualitied  to  take  care  of  themselves  and  their  projieily,  shall  be  entitleil. to 
receive  their  due  portion  of  all  the  personal  benetits  accruing  under  this  treaty,  for  their 
claims,  improvements,  ferries,  rcynoiwi  ajKLtiihsistmcc  ;  hut  they  shall  not  be  entitled 
to  any  share  or  portion  of  the  funds  vested  or  to  he  e.vpended  for  the  common  bciipfil  of 
the  nation.^' 

Now,  as  I  have  remarket!,  these  Cherokees  of  North  Carolina 
were  not  represented  in  the  council,  and  when  they  learned  that 
without  their  knowledge  or  consent,  their  country  liad  been  ceded 
away,  they  naturally  sent  an  agent  to  Washington  to  inquire  as  to 
the  lacts,  and  if  it  wore  not  in  their  power  to  interfere  with  the 
ratification  of  the  treaty,  directing  him  to  ascertain  what  consid- 
eration they  were  to  receive.  Their  agent  was  inCormed  that  they 
were  entitled  to  all  the  personal  benefits  of  other  Indians,  whether 
they  emigrated  or  not,  and  they  were  assured  by  the  government, 
that  if  that  were  not  a  fair  construction  of  the  treaty,  the  Presi- 
dent of  the  United  States  would  apply  to  Congress  for  a  settle- 
ment of  the  dilfioulty.  That  this  was  the  express  understanding 
at  the  time,  will  be  seen  by  reference  to  the  statement  of  the  com- 
missioner himself.  I  will  show  fiom  the  documents,  that  the  com- 
missioner acted  in  strict  conformity  with  the  instructions  which  1 
have  read  : 

"  Those  individuals  and  families  of  the  f'herokee  nation  that  are  averse  to  a  remo- 
val westoftlie  Mississippi,  and  are  desirous  to  become  citizens  of  the  S^tates  u'here 
they  reside,  and  who,  in  the  opinion  of  the  trommissioner  or  the  agent  ol'the  ('hero 
kees  east,  arc  qualified  to  become  useful  citizens,  and  competent  to  manage  their  bu- 
siness with  discretion,  shall  he  entitled  to  receive  their  due  proportion  of  all  tliejjier- 
sonal  benefits  accruing  under  this  treaty,  for  their  claims,  improvements,  ferries, /it-r 
cafita  allowance  and  subsistence  here,  and  shall  be  entitled  to  a  |ite4niplion  tight  of 
one  hundred  and  si.\ty  acres  of  land,  to  inclnile  their  iniproveinents,  within  Uiat  part 
of  the  Cherokee  nation  which  lies  within  the  States  of  North  Carolina,  Tennessee,  and 
Alabama  :  this  ri{,'lit  of  pre-emption  to  extend  to  all  those  lieails  of  families  of  the 
above  description  who  now  reside  within  these  Stales,  or  shall  be  found  resident  therein 
and  having  improvements  on  the  first  day  of  June,  1830,.  and  the  certificate  of  the 
commissioners  shall  entitle  them  to  their  right  of  pre-emption." 

There  is  other  testimony  of  a  similar  nature  ;  but  the  extracts 
which  I  have  read  are  sufficient  to  show  the  untlerstanding  on  the 
subject.  Had  that  not  been  the  understanding,  and  if  this  objec- 
tion had  been  made  at  the  time,  the  supplemental  article  would 
have  been  insisted  upon  by  the  opposition  as  a  matter  of  course,  on 
the  ground  that  it  was  but  just  arid  equitable  that  these  Indians 
of  North  Carolina  should  be  allowed  their  fair  proportion  of  the 
fund. 

I  conceive  that  it  is  hardly  necessary  to  prbcecd  any  farther. 
This  five  million  fund,  as  I  stated  the  other  day,  has,  according  to 
the  report  of  the  commissioner  of  Indian  Affairs,  dwindled  to  an 
hundred  and  eighty-four  thousand  dollars  ;  so  that  if  the  construc- 
tion of  the  Executive  government  be  correct,  all  that  these  North 
Carolina  Indians  can  receive,  after  having  lost  every  acre  of  their 
land,  will  be  some  ten  or  twelve  dollars  a  head.  Yet,  as  I  have 
been  told  by  gentlemen  who  profess  to  know,  their  lands  have  been 
sold  for  half  a  million  of  dollars.  Now  they  are  to  be  put  ofT  with 
twelve  thousand  five  hundred  dollars.  Ten  years  have  elapsed 
siiice  they  were  stripped  of  their  country,  and  they  have  not  re- 
ceived a  dollar.  My  own  opinion  is,  that  the  report  of  the  Com- 
missioner of  Indian  Atfairs  will  not  stand  the  test  of  strict  exami- 
nation, and  that  a  million  of  dollars  will  be  found  yet  remaining  of 
the  fund.  That,  however,  is  yet  to  be  examined. '  The  committee 
have  not  yet  come  to  a  conclusion  upon  it.  But  even  under  the 
most  favorable  construction  that  can  be  given  to  the  articles  of 
that  treaty,  these  Indians  cannot  receive  more  than  fifty  odd  dol- 
lars per  capi/o.  I  may  here  remark,  that  the  settlement  of  this 
question  cannot  be  at  all  aflected  by  the  decision  on  another 
question  to  which  allusion  has  been  made,  as  to  the  claims  of  the 
Western  Cherokees.  In  order  to  show  how  far  the  government 
has  committed  itself,  it  may  be  necessary  to  refer  to  one  of  the 
supplemental  articles  of  the  treaty  of  1835. 

I  will  admit  that  this  estimate  fell  very  short  of  the  expenses  of 
the  removal,  but  I  read  it  only  for  the  purpose  of  showing  that  the 
Senate  of  the  United  States  confirmed  the  construction  oPthe  dele- 
gation from  the  Cherokees  in  relation  to  the  question  whether  the 
expense  of  removal  was  to  be  paid  out  of  the  five  millions.  By 
rnaking  this  additional  appropriation  the  Senate  have  so  far  sanc- 
tioned the  claim  of  the  Cherokees  to  have  this  expense  paid  inde- 
pendently. Let  us  now  see  how  much  farther  the  government  has 
committed  itself  in  relation  to  this  question.  It  will  be  remem- 
bered, that  notwithstanding  the  liberal  provision  of  this  treaty, 
much  the  larger  proportion  of  the  Cherokees  refuse  to  remove,  antl 
it  became  necessary  in  1838  to  send  an  armed  force  into  the  Cher- 
okee nation,  in  order  to  coerce  the  emigration.  Several  of  their 
chiefs  were  then  sent  to  Washington  jn  order  to  prevent  this  mili- 
tary coercion;  and  I  ask  the  attention  of  the  Senate  to  what  was 
stated  to  that  delegation  at  that  time  ; 

[Mr.  Bell  here  read  the  statement.] 

Now,  this  is  worthy  of  attention.  Here  is  an  executive  officer 
of  this  government,  in  1838,  who  is  entrusted  with  the  subject, 
pledging  the  government  to  the  payment  of  the  entire  expense  for 
the  removal  of  the  Cherokees  west  of  the  Mississippi— that  is,  in 
addition  to  the  supplemental  article,  whereby  it  was  agreed  that 
the  original  intention  of  the  Senate  was  to  pay  the  charges  of  the 
removal.  The  War  Department  pledged  itself  to  these  chiefs  that 
the  entire  expense  of  removal  would  be  paid.  Now  let  us  see 
what  the  Senate  did  do:  ' 


Sec.  2.  Jlnd  he  tl further  enacted.  That  the  further  snm  of  one  million  forty  seven 
thousand  and  siity-seven  dollars  be  appropriated,  out  of  any  money  in  the  treasury 
oUietwise  aPBroptiated,  in  loll,  for  all  obiecu  sjwcified  ia  the  third  aiUelaoftho' 


not 
sttp- 


pleirenlary  articles  of  the  treaty  of  183.5,  between  the  United  States  and  the  ( 'lierokee 
ludians,  and  for  the  further  object  of  aiding  in  the  subsistence  of  said  Intlians  for  one 
year  after  their  removcf  west.  ProriJcil.  That  no  part  of  the  said  sum  of  money 
shall  be  deducted  from  the  live  millions  stipulated  to  be  paid  to  said  tribe  of  Indians  by 
said  treaty  :  Jliid  promded  furllu-r.  Thai  the  said  Indians  shall  receive  no  benefit 
from  the  said  appropriation  unless  they  shall  complete  their  emigration  within  such 
time  as  the  President  shall  deem  reasonable,  and  without  coercion  on  the  part  of  the 
government." 

Here  was  an  appropriation  made  by  the  Congress  of  the  United 
States  to  the  Cherokees  in  1838,  two  years  subsequent  to  the  rati- 
fication of  the  treaty,  in  pursuance  of  a  pledge  of  the  Executive 
government  that  the  entire  expenses  of  their  removal  would  be 
paid.  I  think,  then,  that  the  12th  article  of  the  treaty  was  intended 
to  include  the  I^orth  Carolina  Indians;  my  argument  is  irresisti- 
ble. But  if  by  accident  or  design  provision  for  them  was  omitted, 
the  error  shonid  now  be  rectified.  If  the  omission  were  accidental 
it  should  be  supplied;  if  it  were  designed,  there  was  premeditated 
fraud,  and  justice  should  now  be  done. 

Mr.  MANGUM.— After  the  lucid  exposition  of  the  Senator 
from  Tennessee,  which  appears  to  me  to  be  entirely  conclusive,  I 
do  not  of  course  design  to  enter  into  the  argument.  I  rise  simply 
for  tho  purpose  of  presenting  a  statement  of  facts.  When  this 
treaty  of  1835  was  under  the  consideration  of  the  Senate,  it  en- 
countered great  opposition,  and  was  ratified  with  great  dilHculty. 
Tho  senior  Senator  from  South  Carolina  must  recollect  the  cir- 
cumstances attendant  upon  the  ratification  of  that  treaty.  At  that 
time  the  administration  brought  its  whole  force  to  bear  upon  the 
ratification  of  the  treaty.  It  was  openly  announced  ihat  if  the 
Senate  refused  to  ratify  the  treaty,  the'  Indians  would  be  aban- 
doned to  the  policy  of  Georgia.  One  of  the  great  questions  was 
whether  the  treaty  was  in  truth  and  in  fact  made  by  the  proper 
representatives  of  the  Cherokee  nation.  In  the  iirst  instance,  the 
agent  who  rein-escnted  the  Cherokees  of  North  Carolina  was  very 
decidedly  opposed  to  the  ratification  of  the  treaty.     He  appealed 

to  the  Senators  from  North  Carolina — of  whom  I  myself  was  one 

to  interpose  our  efforts,  so  as  to  procure  for  those  whom  he  repre- 
sented at  least  equal  justice.  This  appeal  led  to  an  examination 
and  construction  of  the  articles  of  the  treaty;  and  the  honorable 
Senator  from  Tennessee  has  informed  you  what  that  contempora- 
neous construction  was.  We  acted  on  that  construction,  and  had 
it  not  been  considered  sufficiently  clear  and  satisfactory,  the  treatv 
would  not  have  been  ratified.  My  recollcclioH  is  distinct,  that  the 
treaty  was  ratified  by  a  vote  of  thirty  to  fifteen — the  precise  num- 
ber required  by  the  constitution.  I  voted  for  the  ratification,  and 
it  w<as  one  of  the  most  reluctant  votes  I  ever  gave  in  this  body 
knowing  well  in  advance  that  without  my  vote  the  treaty  could 
not  have  been  ratified.  I  call  the  attention  of  the  honorable  Sena- 
tor from  South  Carolina  to  these  circumstances  connected  with  the 
history  of  the  treaty,  and  have  only  to  add  that  it  seems  to  me 
that  as  all  the  officers  of  tho  government  at  that  time  acquiesced 
in  that  interpretation  of  the  articles  of  the  treaty,  that  the  Sena- 
tor from  Tennessee  now  insists  upon  any  subsequent  view  of  the 
subject  by  officers  of  the  War  Department  ought  not  to  be  admitted. 
I  hold  that  the  Congress  of  the  United  States  is  bound  in  good 
faith  to  execute  this  treaty  according  to  the  terms  in  which  it  was 
understood  at  the  time  of  its  ratification. 

Mr.  CALHOUN.— The  Senator  from  North  Carolina  having 
made  an  appeal  to  me,  I  will  state  that  I  very  well  remember  the 
transaction  to  which  he  has  alluded — I  mean  the  time  and  cir- 
cumstances in  which  this  treaty  came  before  the  Senate.  I  was 
iu  toto  opposed  to  it,  because  I  considered  it  to  be  no  treaty  at  all. 
My  mind  was  directed  to  that  point  mainly,  and  if  I  do  not  recol- 
lect the  incident  alluded  to  by  the  Senator  from  North  Carolina, 
I  have  no  doubt  of  the  accuracy  of  his  recollection.  This  treaty 
atlbtds  a  remarkable  example  of  the  danger  of  makin"  a 
treaty  with  parties  who  have  no  power  to  make  a  treaty."  It 
came  here  and  was  ratified.  Senators  for  one  reason  or  other,  vo- 
ting for  it,  although  they  knew  it  was  no  treaty  at  all.  What  has 
been  the  consequence  ?  We  have  already  paid  about  ten  millions 
of  dollars  to  twenty-five  thousand  Cherokees,  because  of  this  fraud- 
ulent transaction,  and  the  account  is  not  yet  closed.  As  far  as 
these  North  Carolina  Indians  are  concerned',  I  am  inclined  to  think 
favorably  of  their  claim  after  a  hasty  examination  of  the  facts  of  the 
case.  One  rcmarkabie  fact  has  occurred  in  the  execution  of  this 
treaty.  The  very  parties  who  gave  us  all  t'le  trouble  have  re- 
ceived every  thing,  and  the  parties  who  stood  by  us  have  received 
nnthing.  Ross  and  his  party  have  received  all  the  benefits,  while 
the  emigrating  party  and  the  North  Carolina  Indians,  have  fared 
very  badly.  Ross,  a  man  of  decided  talents,  assumed  the  superi- 
ority, or  made  the  others  subordinate,  slaughtering  them  as  he 
pleased,  and  the  government  of  the  United  States  who  had  per- 
suaded the  people  to  go,  stood  by  with  folded  arms.  These  poor 
Indians,  living  in  the  mountains  of  North  Carolina,  an  ignorant  and 
unoftending  race,  had,  I  suppose,  very  little  agency  or  control  in 
the  business  of  the  treaty,  and  have  received  very  little,  if  any 
benefit. 

Mr.  MANGUM.— The  Senator  from  South  Carolina  is  correct 
in  his  recollections  as  to  the  treaty  ;  and  in  corroboration  I  will 
slate,  that  the  policy  of  Georgia  being  to  seize  upon  the  land  with- 
out giving  any  consideration  for  it  at  all,  when  this  treaty,  or  this 
instrument  purporting  to  be  a  treaty,  was  pressed  by  the  Execu- 
tive under  the  threat  that  if  not  ratified,  the  Indians  would  be  left 
to  the  sword  of  the  Georgians,  or  abaiwloned  by  the  government. 
I  was  induced  to  vote  for  it,  in  the  hopo  that  the  Indians  would 
get  more  for  their  lands  by  the  treaty  than  otherwise. 


718 


INDIAN  APPROPRIATION  BILL. 


[Wednesday, 


Mr.  BERRIEN.— What  do?s  the  Senator  mean  by  the  "sword 
of  the  Georgians  1" 

Mr.  MANGUM. — Only  that  Georgia  meant  to  have  all  the 
lands. 

Mr.  BERRIEN.' — Georgia  never  asserted  more  than  her  own 
rights  as  she  claimed  them  from  the  United  Slates,  by  virtue  of  the 
cession  which  she  had  made  to  the  United  States  The  idea  that 
Georgia  was  ever  disposed  to  draw  lier  sword  against  a  delence- 
less  people  like  the  Cherokees  within  her  borders.^is  an  idea  which 
I  am  sure  the  Senator  from  North  Carolina  does  not  intend  to  con- 
vey, and  would  be  most  unjust  to  the  S^ate  of  Georgia. 

Mr.  MANGUM. — I  am  a  little  unfortunate  it  appears,  in  the 
figurative  manner  in  which  I  have  expressed  myself.  All  I  meant 
to  say  was,  that  Georgia  believed  she  had  a  right  to  the  lands  of 
the  Indians,  and  intended  to  have  them;  whether  any  sword  waste 
be  used  in  the  case  or  not,  depended,  I  suppose,,very  much  upon  the 
conduct  of  the  Indians. 

Mr.  BERRIEN. — All  that  I  desire  to  bo  understood  in  this  case 
ic,  that  there  vi'as  no  state  of  circumstances  which  authorized  the 
idea  either  literally  or  figuratively,  that  the  sword  of  Georgia  was 
to  be  directed  against  these  Indians.  They  were  within  the  limits 
of  the  State  of  Georgia.  Georgia  had  ceded  to  the  United  States 
a  vast  extent  of  territory,  in  consideration  of  which,  the  United 
Stales  stipulated  to  extinguish  the  Indian  title  within  her  limits, 
and  the  State  of  Georgia  called  upon  the  United  States  to  fulfil 
their  contract.  The  action  upon  the  Indians,  therefore,  was  the 
action  of  the  United  Stales,  and  not  the  action  of  the  State  of 
Georgia. 

Mr.  ATHERTON. — One  thing  has  been  made  manifest  by  this 
discnssion,  and  it  is  this  :  It  is  not  now  contended  that  by  the 
terms  of  the  treaty  of  New  Echota  the  North  Carolina  Indians 
have  a  legal  claim  to  their  commutation  for  removal  and  subsist- 
ence. I  nope  that  I  was  fortunate  enough  to  satisly  the  Senate  in 
my  remarks  the  other  day — and  indeed  1  believe  it  is  conceded  by 
the  Senator  from  Tennessee — that  according  to  the  words  of  that 
treaty,  no  such  claim  can  be  urged.  Now,  certain  certificates  as 
to  what  was  the  understanding  of  the  Indians  after  the  negotiation 
of  the  treaty,  are  presented  as  evidence  of  the  claim.  The  Sena- 
tor from  Tennessee  has  quoted  from  Mr.  Sehermeihorn.  I  shall 
not  now  inquire  whether  at  any  time  after  the  negotiation  of  the 
treaty,  that  gentleman  became  an  attorney  of  the  Indians.  But 
in  regard  to  the  six  hundred  thousand  dollars  appropriated  in  pur- 
suance of  the  supplemental  article,  and  the  one  million  appropri- 
ated in  1838,  as  a  further  addition  to  this  five  million  fund,  it  must 
be  obvious  that  both  of  these  suras  were  considered  by  Congress 
us  a  voluntary  grant  made  in  consequence  of  the  complaints  of  the 
Indians.  In  the  supplemental  act,  however,  nothing  is  said  about 
an  allowance  for  the  expense  of  removal.  The  six  hundred  dollars 
were  appropriated  in  full  for  all  claims  for  subsistence,  and  all 
other  claims.  It  was  meant  as  a  compromise,  to  close  al!  these 
complaints.  But  this  was  not  all.  In  1838,  in  consequence  of 
the  unwillingness  of  the  Indians  to  remove,  a  further  appropiia- 
tion  of  one  million  was  made  in  accordance  with  a  report  by  Judge 
White — a  distinguished  predecessor  of  the  Senator  from  Tennes- 
see— which  distinclly  placed  the  appropriation  upon  the  ground  of 
a  voluntary  grant. 

The  question  is  not  whether  the  North  Carolina  Indians  have 
been  hardly  dealt  with  or  not.  If  they  have  been  dealt  with  hard- 
ly— if  they  have  been  deprived  of  their  lands  without  just  compen- 
sation, let  a  bill  be  brought  forward,  and  I  will  go  as  far  as  the 
farthest  in  doing  justice  to  them.  But  I  am  entirely  opposed  to 
concluding  the  judgment  of  the  Senate  on  an  important  question  in 
regard  to  the  whole  Cherokee  nation,  by  adopting  this  amendment. 
Do  not  put  this  claim  of  the  North  Carolina  Indians  upon  a  ground 
which  will  preclude  us  hereafter,  from  objecting  to  a  construction 
of  the  treaty  which  binds  us  to  pay  all  these  sums  for  subsistence 
and  removal  out  of  the  United  Slates  treasury.  The  question  of 
payment  of  interest  has  also  been  concluded  by  this  amendment. 
The  interest  in  this  case,  amounts  to  two-thirds  of  the  principal, 
and  if  we  adopt  this  precedent,  it  will  involve  the  United  Stales 
treasury  to  the  amount  of  five  millions.  I  insist  that  this  ques- 
tion is  not  legitimately  presented  to  us  in  an  amendment  to  the 
Indian  appropriation  bill.  I  am  quite  willing  to  meet  the  ques- 
tion; but  let  It  come  up  and  be  dscided  in  the  proper  way. 

Mr.  NILES  said  that  ha  was  a  member  of  the  body  ai  the  time 
when  the  treaty  was  made.  The  Senate  had  then  made  what 
they  considered  full  and  ample  provision  for  the  removal  of  these 
Cherokees.  The  main  difficulty  that  then  existed  in  the  minds  of 
Senators  to  the  ratification  of  tliis  treaty  was  because  it  was  nego- 
tiated with  only  a  portion  of  these  Indians  ;  whether  we  could 
take  possession  of  the  country  occupied  by  the  whole  tribe,  when 
one  half  of  it  protested  against  entering  into  nny  such- treaty. 
Whether  the  understanding  ihcn  was  that  the  expenses  of  the  riJ- 
rnoval  would  amount  to  some  five  millions  he  was  not  able  to  say. 
His  conviction  was  that  they  thought  the  allowance  a  very  large 
one  ;  the  obligation  that  existed,  as  he  hud  belure  said,  to  ilie  rati- 
fication of  the  treaty  by  the  Senate,  being  that  they  considered 
that  the  treaty  was  made  only  by  a  portion  of  the  nation,  thus 
forcing  the  remainder,  contrary  tc  their  wishes,  to  give  up  the  pos- 
Mssion  of  their  country. 

In  regard  to  the  fact  itated,  that  nearly  all  of  the  sum  of  five 
niiHions  appropriated  to  carry  into  effect  the  provisions  of  the 
treaty,  bftd  been  expended  upon  the  removal  aud  subtiitence  of 


these  Indians  that  had  gone  west  of  the  Mississippi,  he  would  say 
that  it  was  appropriated  by  the  Senate,  if  he  could  correctly 
judge  their  opinion,  with  the  full  conviction  that  it  would  be  amply 
sufficient  for  the  compensation  of  the  Indians,  for  improvements 
made  in  their  country,  as  well  as  for  the  expenses  of  their  remo- 
val. But  it  had  turned  out  that  nearly  the  whole  sum  had  been 
expended  in  their  removal  ;  the  object  of  justice  to  those  who  re- 
mained therefore,  that  the  Senate  had  in  view  when  they  ratified 
the  treaty,  had  of  course  been  entirely  frustrated.  Those  who 
removed  had  got  possession  of  a  fine  section  of  country  in  the 
west ;  those  who  remained  had  got  nothing.  It  appeared  to 
him  then  that  inasmuch  as  the  object  which"  the  Senate  had  in 
view  of  doing  justice  to  all,  had  failed  in  reference  to  those  who 
had  remained  behind,  it  was  the  clear  and  manifest  duty  of  the 
Senate  to  make  such  allowance  to  those  Indians  who  had  remain- 
ed in  proportion  to  the  benefit  we  t^gceived  from  the  possession  of 
their  country,  as  was  contemplated  at  the  time  the  treaty  was  ra- 
tified. Such  allowance  would  be  in  entire  conformity  With  the 
provisions  of  the  treaty. 

There  was  a  fact  which  he  thought  should  deeply  influence  the 
minds  of  .Senators,  and  that  was,  that  the  portion  of  the  Indians 
who  remained  behind  were  not  parlies  to  the  treaty  that  had  been 
made.  They  had  never  given  their  consent  to  it.  That  portion 
which  was  the  active  party  to  the  treaty  had  stipulated,  it  was  true, 
that  the  benefits  of  it  should  result  to  all,  but  those  benefits  hav- 
ing failed  to  accrue  to  those  who  remained,  were  we  not,  he  would 
ask,  called  upon  by  every  consideration  of  justice,  to  see  that  they 
were  not  despoiled  of  their  country,  or  of  the  allotted  remuneration? 
He  thought  it  would  bo  an  act  of  manifest  injustice  to  these  Indi- 
ans who  were  not  represented  here,  should  the  Senate  act  to  the 
contrary. 

Another  point  raised  in  this  case  by  the  honorable  Senator  from 
Tennessee  independent  of  the  construction  given  to  the  treaty,  was 
that  their  removal  was  forced  upon  the  government  ;  it  was 
obliged  to  act  in  order  to  save  these  people  from  engaging  in  the 
unhappy  controversy  that  existed  in  relation  to  the  various  tribes  in 
the  State  of  Georgia.  This  government  had  stipulated  to  extinguish 
the  Indian  titles  within  the  limits  of  Georgia,  and  was  therefore 
compelled  to  act,  and  to  use  every  expedient  in  their  power  to 
get  these  Indians  out  of  the  jurisdiction  of  Georgia.  With  a  view- 
to  this  object  the  treaty  was  brought  to  the  Senate,  and  they  had 
voted  for  it  with  the  full  conviction  that  it  made  ample  provisioas 
for  remunerating  these  Indians  in  full  for  their  country  and  their 
improvements  upon  it.  The  government  had  went  beyond  llieeti- 
pulations  in  the  treaty.  They  had  made  promises,  which  prom- 
ises had  received  the  sanction  of  both  Houses  of  Congress,  that  in 
addition  to  the  sum  granted,  the  expenses  of  their  removcl  should 
be  paid.  Even  this  ground,  in  his  opinion,  was  not  so  strong  as  the 
one  he  had  at  first  assumed,  viz  :  that  inasmuch  as  those  remain- 
ing had  been  despoiled  of  their  territory  through  the  treaty,  ac- 
ceded to  only  by  another  portion  of  their  tribe,  and  as  thus  the 
provisions  of  that  treaty  had  not  inured  to  their  advantage,  it  was 
perfectly  clear  that  they  had  received  nothing  at  our  hands  and 
consequently  were  fully  entilled  to  remuneration  in  some  form  or 
other.  How  that  compensation  should  be  rendered  he  was  not 
prepared  to  say,  but  at  any  rate  it  should  be  made  speedily  and  to 
their  satisfaction. 

Mr.  ATHERTON  wished  to  correct  an  erroneous  impression 
on  the  part  of  the  Senator  from  Connecticut.  He  understood  him 
to  take  the  ground  that  the  whole  or  nearly  all  of  the  five  million 
fund,  with  the  additional  sums  granted,  had  been  expended  in  re- 
moval and  subsistence,  and  that  there  was  nothing  left  to  pay  lor 
improvements.  Now,  he  would  stale  that  the  improvements  had 
been  paid  for.  If  the  Indians  bad  been  paid  nothing  for  improve- 
ments, it  was  because  thej'  had  none  to  bo  paid  for.  As  il  was 
his  impression  that  the  general  government  received  no  benefit 
from  their  lands,  he  would  enquire  of  the  honorable  Senator  Irom 
Tennessee,  whether  the  Slate  of  North  Carolina  claimed  the 
land  of  these  Indians,  or  whether  it  came  into  possession  of  the 
general  government  ? 

Mr.  BELL  replied  that  the  general  government  had  no  right 
to  il  ;  the  land  belonged  to  North  Carolina. 

Mr.  ATHERTON  could  not  but  think  it  would  bo  better  to 
wait  until  they  should  receive  the  report  of  the  settlement  made 
by  the  commissioner,  in  regard  to  the  sums  expended  hitherto  out 
of  the  five  million  fund,  and  see  bow  much  remained  to  bo  distri- 
buted per  capita  among  ihe  Indians  before  they  proceeded  to 
grant  them  further  remuneration.  These  Indians  stood  upon  the 
same  ground  as  those  of  other  States.  If  they  had  been  deceived 
or  despoiled,  he  was  willing  to  reimburse  them  ;  but  he  thought 
this  an  improper  inodo  of  p.aying  them  for  removal  and  subsist- 
ence west,  wben  they  had  not  been  removed.  The  Senate  ccu!d 
not  decide  how  much  the  Indians  would  bo  entitled  to  until  I  hey 
had  ascertained  the  amounts  of  the  five  million  fund  remaining  un- 
der which  they  would  be  entitled  to  a  per  capita  allowance. 

Mr.  BERRIEN  desired  to  bo  informed  by  the  chairman  of  the 
Committee  on  Finance  whether  he  was  in  possession  of  nny  infor- 
mation that  enabled  him  to  contradict  the  statement  made  by  the 
Senator  from  Tennessee,  that  these  North  Carolina  Indians  had  in 
fact  received  nothing  under  the  treaty. 

Mr.  ATHERTON  stated  in  reply,  that  they  had  received  pay- 
ment for  their  improvements  the  same  as  other  ludiaua-    They 


June  14.] 


INDIAN  APPROPRIATION  BILL, 


719 


had  not  received  any  thing  for  removal  or  subsistence,  nor  their 
per  capita  allowance. 

Mr.  BERRIEN  would  put  the  question  specifically.  Did  it 
come  wiiliin  ihe  bonorablo  Senator''s  knowledge  that  any  payment 
whatever  had  been  made  to  these  North  Carolina  Indians? 

Mr.  ATHERTON  was  not  able  to  say  positively  whether  any 
had  or  had  not  been  made.  If  they  were  entitled  to  any  thing  by 
the  terms  of  the  treaty,  they  had  received  it. 

Mr.  BERRIEN  understood  the  Senator  from  New  Hampshire, 
then,  as  saying,  that,  to  the  best  of  his  knowlodge,  if  thi-se  Indians 
of  North  Carolina  were  entitled  to  any  thing  under  the  treaty  they 
had  received  it ;  but  that,  in  point  of  lact.  ho  did  not  know  that 
they  received  any  thins  fo''  ^^eir  improvements. 

Mr.  ATHERTON  would  inform  the  Senator  from  Georgia  that 
the  Commissioner  ot  Indian  Affairs  had  stated  that  payment  for 
improvements  had  been  made  to  all  the  Indians. 

Mr.  MANGUM  believed  that  the  fact  was  true  that  some  of 
the  Indians  resident  in  North  Carolina  had  received  payment  for 
for  improvements,  but  it  was  not  the  case  with  all.  In  the  county 
of  Haywood,  to  his  own  certain  knowledge,  there  were  some  seven 
or  eight  hundred  uf  them  who  had  not  received  a  cent. 

Mr.  ATHERTON  was  now  enabled  to  reply  to  the  question  of 
the  pentleman  from  Georgia.  The  17th  article  under  the  treaty 
provided  that  a  commission  be  appointed  to  examine  into  these 
nlaims  forimpi^vements.  That  commission  had  reported  once  or 
twice  ;  and  in  their  final  report  it  was  stated,  all  the  Indians  that 
had  presented  their  claims  had  been  paid. 

Mr.  BERRIEN  thought  that  he  now  understood  the  true 
position  of  the  question.  A,  considerable  portions  of  the  Indians 
of  North  Carolina  had  not  received  any  thins  under  this  treaty — 
had  been  despoiled  of  their  lands  under  authority  of  this  treaty, 
and  received  no  compensation  for  them.  Now,  the  objection  made 
by  the  chairman  of  the  Committee  on  Finance  wns  not  to  the  jus- 
tice of  these  claims,  but  to  their  payment  in  this  mode.  He  objects 
to  a  provision  being  made  for  their  payment  by  tho  amendment 
offered  by  the  Senator  from  Tennessee — not  merely  on  tho  ground 
that  it  comes  improperly  as  an  amendment  to  a  bill  like  the  pre- 
sent, but  because  it  will  have  the  effect  of  coneliidins  the  decision 
of  the  government  in  regard  to  certain  other  conflicting  claims. 
In  his  judgment,  that  objection  was  of  no  avail.  He  considered 
the  claims  of  these  Indians  to  be  perfectly  valid  under  the  evidence 
furnished  in  tho  treaty.  The  government  was  bound,  unless  will. 
ing  10  submit  to  an  imijutation  of  gross  injustice  and  oppression, 
independent  of  the  claim  furnished  by  the  provisions  of  the  treaty, 
to  do  justice  to  them.  He  did  not  rely  upon  the  conversations 
made  at  the  time  of  the  treaty,  which  might  be  supposed  to  be 
merged  into  t,ho  original  instrument  after  being  exeeiiled,  but  ho 
relied  upon  that  great  and  broad  principle  relating  to  treaties  that 
the  true  intent  and  meaning  of  their  provisions  is  to  be  ascertained; 
not  merely  by  looking  at  the  words  of  the  treaty  itself,  but  at  the 
circumstances  under  which  it  was  negotiated.  He  took  it  that 
there  was  a  very  broad  distinction  recognized  in  law  between  tho 
interpretation  given  to  an  instrument  of  this  sort,  preceded  by  a 
conversation  supposed  to  be  merged  in  the  written  instrument, 
agreed  to  be  the  expression  of  the  will  of  the  parties  concerned, 
and  a  private  instrument  executed  between  individuals. 

In  respect  to  these  Indian  treaties  he  would  ask,  how  negoti- 
ated, and  by  whom  negotiated  ?  This  government  drew  up  a 
treaty,  and  through  its  agent  presented  it  to  a  certain  tribe  of  In- 
dians for  their  concurrence,  and  not  in  one  instance  out  of  ten  did 
It  occur  in  which,  in  negotiating  with  this  unlettered  people,  any 
other  interpretation  was  given  to  the  treaties  than  that  made  by 
the  legislation  of  this  government.  These  people  did  not  look  to 
the  strict  letter  ol  the  treaty  so  much  as  they  did  the  instructions 
given  them  orally.  He  confessed  that  he  viewed  this  question  as 
totally  independent  of  the  treaty  stipulations.  He  considered  that 
these  Indians  were  not  parties  to  that  treaty,  and  had  been  either 
deluded  or  coerced  into  an  acceptance  of  its  terras.  Whether  the 
five  million  fund  had  or  had  not  been  exhausted,  he  regarded  it  as 
the  duty  of  the  government  to  provide  immediately  for  the  reim- 
bursement of  their  claims. 

Mr.  ATHERTON  represented  that  the  rights  of  the  Indians 
might  not  depend  upon  the  question  whether  this  fund  was  saved 
to  their  benefit,  but  that  the  rights  of  the  treasury  might  depend 
upon  It.  It  would,  in  his  estimation,  make  no  difference  to  the 
Indians  whether  they  were  paid  out  of  this  fund  or  out  of  the  trea- 
sury. 

Mr  BERRIEN  agreed  with  the  honorable  Senator  from  Now 
Hampshire  that  the  condition  of  the  treasury  might  be  affected  by 
such  payment.  But  the  obligation  of  the  government  to  do  im- 
mediate justice  to  these  people,  in  any  view  of  the  subject,  was  so 
evident  to  his  mind,  that  he  thought  it  would  be  wrong  for  the 
government  to  be  influenced  in  its  duty  in  this  matter  by  the  state 
of  the  funds. 

Mr.  ATHERTON  considered  that  the  obligation  of  the  govern- 
ment was  not  the  same.  The  obligation  of  the  government  might 
be  to  pay  it  out  uf  the  fund  or  out  of  the  treasiyy,  but  it  made  no 
difference  to  these  Indians,  whether  they  paid  out  of  the  fund  or 
out  of  the  treasury.  It  was  a  question  which  would  interest  the 
Western  Cherokees,  whether  their  fund  should   be  diminished  or 


not;  but  it  did  not  affect  the  North  Carolina  Indians  whatever. 
As  he  had  before  stated,  these  Indians  had  had  the  same  opportu- 
nity as  other  Indians  to  present  their  claims  for  improvements, 
first  for  allowance  and  then  for  payment.  8omo  five  or  six  years 
ago,  a  commission  had  set  under  the  17tli  article  of  a  treaty  with 
certain  Indians,  to  decide  upon  the  allowance  of  compensation  for 
improvements.  The  decision  of  that  body,  of  whom  Mr.  Scher- 
merhorn  was  a  member,  was  conclusive.  All  the  claims  present- 
ed to  the  commissioners  were  allowed  and  paid.  These  North 
Carolina  Indians  were  placed  on  the  same  ground.  They  lad  their 
claims  always  allowed  when  presented  and  substantiated  to  the 
board  of  commissioners. 

Mr.  BERRIEN  stMl  insisted  that  the  obligation  of  the  govern- 
ment to  pay  these  Indians  immediately  remained  the  same,  wheth- 
er the  five  million  fund  was  or  was  not  exhausted.  It  would  mate 
no  essential  difference  to  the  Indians  whether  they  were  paid  out 
of  the  fund  or  the  treasury,  provided  they  were  paid  immediately; 
but  if  these  Indians  were  to  want  the  decision  of  the  government 
in  regard  to  the  slate  of  the  fund,  of  course  they  could  not  have 
tho  benefit  of  the  provision  made  in  the  treaty,  for  the  immediate 
liquidation  of  the  debt  due  them. 

Mr.  BUTLER  remarked  that  he  was  very  anxious  to  under- 
stand the  matter  then  before  tho  Senate,  inasmuch  as  it  would  be 
a  precedent  by  which  to  be  guided  in  tho  settlement  of  similar 
questions.  The  case,  if  ho  understood  it  right,  was  as  follows  : 
A  treaty  hod  been  made  in  North  Carolina,  to  which  these  Indians 
now  remaining  there,  were  not  parties  conveying  away  their  whole 
country,  of  which  they  were  part  possessors.  lramediate\y  after 
they  were  apprised  of  the  fact  that  their  land  was  to  be  taken  from 
them,  at  the  time  the  treaty  was  being  considered  in  tho  Senate, 
they  sent  in  a  form  of  protest,  stating  to  the  government  that  they 
had  no  agency  in  forming  the  treaty,  and  that  they  were  about  to 
bo  displaced  from  their  possesssions  without  their  consent.  The  . 
government  told  them  in  reply,  that  they  (the  Indians)  should  not 
be  bound  by  the  language  of  the  treaty,  and  that  if  they  would  bo 
quiet  and  not  disturb  the  negotiation  going  on,  they  would  under- 
take to  pay  them  an  equivalent  to  that  which  the  others  had  re- 
ceived. So  they  rested  quiet  under  the  expectation  that  the  Uni- 
ted States  would  carry  out  their  agreement  in  good  faith.  In  his 
opinion,  the  government  should  either  pay  them  out  of  the  treasu- 
ry of  the  United  States,  or  should  compel  tho  Indians  at  the  West 
to  pay  it  out  of  their  fund.  He  would  be  glad  to  see  the  govern- 
ment pay  the  amount  directly  out  of  the  treasury. 

Mr.  AVEBSTER  supported  the  amendment.  These  North  Ca- 
rolina Indians  had  paited  with  their  possessions,  and  were  equally 
entitled  with  'hose  who  had  emigrated  to  the  benefits  of  the  treaty. 
It  might  be  true,  that  in  general  in  regard  to  contracts,  the  con- 
vcrsa'tion  of  parties,  or  the  understanding  of  parties  at  the  time  the 
contract  was  made,  could  bo  referred  to  in  evidence  of  the  mcaii- 
ing  of  the  terms  and  stipulations  afterwards  reduced  to  wri- 
ting. Probably  the  rule  was  not  applicable  to  the  same  extent 
to  "treaties.  But  however  that  might  be  m  general,  a  very  in- 
dulgent consideration  ho  thought,  should  be  given  to  the  Indian 
parties  in  all  our  treaties  ;  because  they  were  more  likely  to  pay 
attention  to  what  was  said  than  to  what  was  written.  They 
heard  the  talk  and  conversations  in  council,  and  if  thejr  were 
satisfied  with  them,  there  was  very  little  probability  of  their  seek- 
ing to  know  what  had  been  reduced  to  writing,  and  what  had  been 
omitted.  Saying  nothing  upon  the  general  equity  of  the  case,  but 
upon  the  mode  ol'  considering  this  treaty,  there  was  one  consider, 
ation  almost  conclusive  with  him.  It  was  a  universal  rule  of  law 
and  justice,  that  whetlier  conversations  that  have  been  held  be 
fore  the  contract  is  reduced  to  writing,  may  be  cited  to  prove  its 
true  meaning,  the  conduct  of  tho  parties  after  the  contract  is 
formed,  will  show  clearly  how  they  understood  it.  He  remember- 
ed in  the  course  of  some  trial,  that  he  found  a  remarkable  expres- 
sion of  that  opinion  by  a  distinguished  chancellor  of  England.  Tell 
me,  said  the  chancellor,  how  the  parties  immediately  after  the 
contract  was  made,  understood  it,  and  I  will  tell  you  what  the  con- 
tract meant.  Now,  it  is  quite  evident  from  the  understanding  which 
existed  between  these  Indians  and  the  government,  iminediately 
after  the  treaty  was  made  that  they  were  entitled  to  a  fair  allot- 
ment of  the  other  amount  therein  appropriated.  The  Indians  have 
all  along  expected  H  themselves.  Ho  thought,  then,  that  in  ac- 
cordance with  a  well  settled  rule  of  construction  of  written  con- 
tracts, these  acts  of  tho  parties  subsequent  and  immediately  sub- 
sequent to  the  execution  of  the  contract,  were  proper  evidence  to 
show  the  intentions  of  tho  parties.  An  allowance  ought,  then, 
to  be  made,  he  contended,  to  those  North  Carolina  Indians. 

Mr.  ATHERTON  asked  permission,  inasmuch  as  the  honora- 
b'e  Senator  from  Massachusetts  had  alluded  to  the  correspondence 
in  regard  to  the  treaty,  to  read  from  a  report  upon  this  subject  by 
the  Commissioner  on  Indian  Affairs,  who  quoted  from  a  report  of 
commissioners  appointed  to  examine  into  this  question.  The  com- 
missioners said  : 

— "  llial  notliiiig  more  was  inlended  to  be  paid  liy  the  United  Slates  for  the  possessions 
of  llie  Ciierokees,  east  of  the  Mississippi,  tlian  the  sum  of  S5.000.000.  is  leTi.lered  cer- 
tain bv  the  letter  of  Gen  Cass.  Secreta'v  of  War,  dated  March  '  •  '™5- "!  Jfly,'" 
t lie  delegation  headed  by  .Tohn  Ross.  That  delegation,  under  date  of  .March  6.  18S5, 
inquire  of  Gen.  Cass.  ■  wliether  we  are  10  nndersland  from  your  commnnicaiion  ofthit 
dale,  that  ihe  live  millions  vesaWei  bv  tlie  Senate  should  be  paid  the  Cherokee  Indiani 
for  all  their  land  and  nossessions  east  of  the  Mississippi  river,  asemliraciog  also  tbo 
expenses  of  transportation  and  sobsistence  in  removal,  and  for  subsistence  lor  twel\-e 
months  after  their  new  homes,  for  blankets,  guns,  &c,;  or  whether  Ihatsum  is  an  of 
fer,  as  really  appears  from  Ihe  ieso:ntion  to  be,  only  for  the  eitiogmshmenl  ot  Uie  (^ho 
rokeo  title  to  lauds  east  of  the  Mississippi  river,  and  for  the  boniM  andiroprovemenu 


720 


INDIAN  APPROPRIATION  BILL. 


[Wednesday, 


of  the  Oiprokee  Inlialiilants  situated  thereon  ;  and  that  the  United  States  will  in  addi- 
tion pay  the  expenses  of  transportation  and  sobsistence  in  their  removal,  &e.  To  which 
Gen.  Cass  replied,  that  '  the  sum  of  tive  millions  which  is  offered  for  your  claims  east 
of  the  Mississippi  will,  as  I  have  already  iulbrmed  you,  be  iv  full  far  your  entire  ces- 
sion. The  application  of  it  will  he  such  as  you  desire  ;  ajust  regard  Iieing  had  to 
individual  rights.  J^othnli^  more  wili  be  paid  for  removal,  or  for  ovij  iilJter  jnirpose 
or  object  jchatcvrr.  In  giving  to  you  the  full  value  of  your  properly,  the  United  States 
comply  with  all  the  demands  of  justice  upon  tlicm.'  " 

As  he  had  remarked  before,  the  supplemental  article  said  noth- 
ing about  subsistence.  It  alluded  to  claims  that  had  been  set  up 
on  the  part  of  the  Indians  for  expenses  of  removal,  fee.  From 
Judge  White's  report  to  the  Senate,  it  would  be  seen  that  he  con- 
sidered the  addition  to  the  extra  six  hundred  thousand  dollars  ap- 
propriated for  their  removal,  &c.,  of  one  million  as  a  voluntary 
grant.  He  placed  it  on  the  ground  that  the  committee  felt  that 
too  much  should  be  done  for  the  Cherokees  rather  than  too  little. 

Mr.  WEBSTER  suggested  that,  of  course,  General  Cass  and 
all  the  other  Secretaries  following  him  had  refused  to  make  these 
payments,  or  the  claims  would  not  be  then  before  the  Senate  for 
their  consderation. 

Mr.  ATHERTON  begged  leave  to  inform  the  Senator  from 
Massachusetts  that  this  letter  was  dated  before  the  ratification  of 
the  treaty  in  183.^. 

Mr.  WEBSTER  knew  that.  If  he  had  rightly  understood  the 
remarks  of  the  honorable  Senator  from  New  Hampshire,  he  had 
not  touched  the  point  ho  meant  to  submit  for  the  consideration  of 
the  Senate.  The  Senator  attempted  to  show  that  if  paid,  the  claims 
should  be  paid  out  of  the  five  iiiillion  fund.  He  (Mr.  W.)  did  not 
enter  into  ihc  tpicstion  of  the  fund,  for  the  fund  was  exhausted,  run 
out,  to  a  certain  extent,  and  of  course  the  claims  cotdd  not  be  paid. 
The  point  he  wished  to  present  to  ilic  Senate  was,  that  these  In- 
dians bad  a  right  to  this  money  ;  first,  upon  the  general  principles 
of  etjuity,  they  having  surrendered  their  properly  to  the  United 
States  ;  and,  secondly,  as  being  within  the  provisions  of  the  treaty, 
suh.scquently  acknowledged  by  both  parties. 

Mr.  ATHERTON  rejoined,  that  this  was  what  he  had  com- 
plained of  in  the  amendment,  because  it  provided  for  the  payment 
of  the  claims  out  of  the  treasury  of  the  United  States. 

The  question  was  then  taken  upon  agreeing  to  the  amendment, 
and  It  was  determined  in  the  afiirmative.  as  follows  : 

YKAS. — Messrs.  Atchison,  Badger,  Rell,  Benton,  Berrien,  Borland,  Butler,  Cor 
win.  Downs,  Greene,  Hale,  Johnson,  of  IjOiiisiana,  Jjewis,  IMangum,  Miller,  Nilcs, 
t'earce,  Rusii,  Pprnance,  Underwood.  Uphani,  and  Webster — 22. 

NAYS. — Slessrs.  Allierton,  Bradbury,  Brcese,  Davis,  of  Missis»i[)pi,  Dayton, 
Dickinson,  Di.s.  Felcli,  Ilainhn,  Hunter,  .ToliiiEon,  of  Georgia,  Mason,  Sebastian, 
Sturgeon,  Turiiey,  VVestcott.  ami  Yulee — 17. 

Mr.  RUSK  moved  to  amend  the  bill  liy  inserting  the  following 
section  : 

Sec.  —  And  be  it  further  enacted.  That  the  I'lestdeiit  of  the  TTiiited  States  be  and 
he  is  hereby  authorized,  by  and  witli  the  ailvice  and  consent  of  the  Senate,  to  appoint 
one  Suiierintendent  of  Indian  Affairs,   and   such  number  of  sub  agents  as  he  may 

deem  proper,  not  exceeding ,   for  the  Indians   residing  in    the  State  of  Te.xas; 

and  thai  the  sum  of  ten  thonsand  dollars  be,  and  the  same  is  hereby  appropriated  out 
of  any  money  in  the  Treasury  not  ollierwi.se  appropriated,  for  the  payment  of  the 
salaries  of  ihe  said  officers,  and  to  enable  the  President  to  comply  with  llie  treaty  en- 
tered into  by  the  United  States  with  Ihe  said  Indians. 

Mr.  RUSK  deemed  it  necessary,  perhaps,  to  make  a  few  words 
of  explanation  in  relalion  to  the  amendment,  and  as  to  the  reason 
why  he  had  nirererl  it  to  the  jirescnt  bill.  Some  time  since  a  trea- 
ty had  been  entered  into  between  the  cumrnissioiiers  appointed  by 
the  United  States  and  the  Indians  residing  in  Texas,  by  whieli  va- 
rious favors  were  to  be  granted  them  ;  aiuong  others  a  blacksmith 
was  to  reside  among  them  to  keep  their  tools  and  implements  in 
order.  The  Indian  appropriation  bill  following  that  treaty,  by  one 
of  its  sections  authorized  the  President  to  employ  for  the  time  be- 
ing a  temporary  agent  among  the  IiKiiaiis  in  Texas,  and  made  an 
ap]iropriatiott  for  paying  his  salary.  The  condition  in  which  these 
Indians  were  now  placed,  he  said,  w-as  a  peculiar  one,  and  unless 
means  were  taken  to  change  it,  there  was  reason  to  apprehend  a 
bloody  Indian  warfare  on  the  frontiers  of  Texas.  The  most  of  the 
Indians  there  had  emigrated  from  the  United  States.  They  were 
reinii.tius  of  some  ten  or  twelve  tribes,  and  were  the  only  ones  the 
Texans  had  any  difficulty  with.  These  Indians  had  gone  there 
against  the  wishes  of  the  Texans,  and  in  direct  vioLalion  of  a  trea- 
ty between  the  United  States  ami  Mexico,  the  benefits  of  whieli 
were  to  enure  to  Texas.  Witii  the  Canianehes  they  bad  bad  no 
trouble.  He  thought,  too,  that  there  rested  a  strong  obligation 
upon  this  government  to  assist  in  removing  the  dinicullv,  inas. 
much  as  in  183j  the  United  States  entered  into  a  treaty  with  the 
Caildo  Indians, on  the  condition  that  they  shoiihl  leave  their  territoiy 
forever.  With  the  very  arms  and  ammunition  they  liad  received 
from  the  United  Stales  at  that  time,  these  Indians  had  gone  over 
into  Texas  and  had  committed  serious  outbreaks  tijion  the  in- 
habitants. It  was  impossible,  he  urged,  that  one  agent  could  at- 
tend to  these  remnants  of  twelve  tribes,  scattered  over  a  vast  tract 
of  700  or  800  miles  of  wilderness  country.  The  ainendiiieni,  appro- 
priated a  sum  sulTicienl  to  carry  out  the  [irovisioii  of  the  treaty  of 
the  United  States. 

Mr.  BELL  stated  that  the  Commiilec  on  Indian  Afiairs  had 
had  the  matter  under  consideration,  and  had  a  great  deal  of  trou- 
blo  with  It.  They  had,  however,  agreed  upon  a  report  not  yet 
made.  The  difficulty  was  in  regard  to  the  authority,  if  any,  which 
this  government  had,  to  exercise  control  over  the  Indians  within 
the  boundaries  of  Texas.  The  proposition  finally  agreed  upon 
was  a  provisional  one,  viz  :  that  il  the  legislature  of  Texas  would 
concede  the  power  to  tho  general  govoinmcnt  of  the  United  States 


to  control  the  Indians  in  Texas,  and  impose  the  laws  over  them 
usually  prescribed  in  the  territories  of  the  United  States,  that  a 
law  defining  these  powers  of  the  United  States  government  should 
go  into  immediate  effect,  and  tho  President  be  empowered  to  ap- 
point the  necessary  officers  to  carry  out  the  intentions  of  the  gov- 
ernment. The  officers  or  agents  hitherto  appointed  had  acted 
without  any  obligation  being  entered  into  on  the  part  of  Texas  to 
control  her  own  citizens.  Any  one  acquainted  with  the  situation 
of  Indians  generally,  knew  very  well  that  some  authority  was 
needed  to  resist  the  encroachments  of  white  settlers  upon  Indian 
territory.  The  power  asked  for  by  the  general  government  was 
such  as  simply  related  to  the  removal  of  difficulties  existing,  or 
that  might  arise,  between  the  Indians  and  the  neighboring  settlers. 
At  present  the  government  had  no  such  power  or  authority  within 
the  limits  of  Texas. 

Mr.  RUSK  would  simply  refer  to  the  laws  of  Texas  upon  the 
subject.  He  would  read  the  second  article  of  the  treaty  which 
had  been  ratified  between  the  government  of  the  United  Stales  and 
these  Indians,  which  defined  the  powers  of  jurisdiction  given  to 
this  government  over  the  Indians  : 

"Article  2.  It  is  stipulated  and  agreed  by  the  said  tribes  or  nations,  and  their  as- 
sociate bands,  that  the  United  States  shall  have  the  exclusive  right  of  regulating  trade 
and  intercourse  svith  them,  and  they  do  hereby  respectively  engag^to  alTord  protectiou 
to  such  persons,  with  tlieir  piojiertv.  as  shall  be  duly  licensed  to  reside  among  tlieni  for 
the  purposeof  trade  and  inlercouRe,  and  to  their  agents  and  servants;  but  no  person 
shall  be  permitted  to  reside  among  them  as  a  trader,  who  is  not  furnished  with  a  license 
for  that  purpose,  under  the  hand  and  seal  of  the  superintendent  to  he  appointed  by  the 
President  of  the  United  Slates,  or  such  other  peoioii  .as  the  President  shall  authoriKC  to 
gr.-int  such  licenses,  to  the  end  that  said  Indians  may  not  be  imjiosed  on  m  their  trade; 
and  if  any  licensed  trader  shall  abuse  his  privilege  by  unfair  deanng,  U(ion  complaint 
by  the  cliietsto  their  agents,  and  proof  1  hereof,  his  license  shall  tie  taken  from  liim, 
and  he  shall  be  further  punished  according  to  the  laws  of  the  United  Stales  ;  and  if 
anp  jicrson  shall  intrude  himself  as  a  trader  without  su^h  license,  upou  comjiltiint  lie 
shall  be  dealt  with  accordins  to  law." 

As  be  bad  before  said,  there  were  some  twelve  tribes  of  these  In- 
dians with  whom  all  the  difficulties  had  ocoiirred.  Among  them 
were  the  Shawnees,tho  Delawares,  the  Kiekapoos,  the  Cherokees, 
the  Creeks,  and  the  Seminoles,  who  had  all  come  over  from  the 
United  States.  The  Caddos  would  come  over  and  commit  depre- 
dations in  Texas  and  then  fall  back  into  Louisiana;  and  (hough  he 
did  not  wish  to  allude  to  himself,  yet  he  would  say  that  in  conse- 
([uencc  of  these  depredations  he  raised  a  force,  and  following  them 
i|ito  Louisiana,  took  away  their  arms  and  ammunition,  compelling 
the  agent  of  the  United  States  to  keep  them  within  their  own  limits. 
For  this  conduct  he  had  been  severely  censured  by  the  government 
of  Louisiana,  and  by  metnbers  of  the  House  of  Representatives. 
These  Indians  were  doing  injustice  to  the  United  Slates;  they  had 
gone  into  Texas  in  violation  of  the  treaties  of  the  United  States, 
and  was  not  this  government  authorizeS  to  restrain  and  subdue 
them  ? 

Mr.  BKLL  was  of  opinion  that  the  amendment  proposed  by  the 
honorable  Senator  from  Texas  would  not  efTcct  the  .purpose  he  de- 
sired to  have  accomplished.  There  were  no  provisions  for  the 
prevention  by  law  of  the  inroads  of  these  Indians  in  this  amendment. 
The  amendment  did  not  cover  the  whole  ground  ;  it  was  no  remedy 
for  the  evil.  The  passage  of  the  proposition  to  be  reported  by  the 
committee  to  pass  a  law  authorizing  the  appointment  of  a  proper 
number  of  agents,  and  this  agreement  to  exercise  certain  powers 
of  restraint  over  the  Indian  tribes  within  tho  boundaries  of  Texas, 
and  also  the  white  settlers.  At  present  there  is  no  definite  Indian 
boundary  fixed  upon,  and  bow  could  an  agent  tell  whether  an  in- 
road hail  been  made  upon  Indian  or  upon  Texian  territory  ?  We 
should  adopt  the  same  rules  of  intercourse  as  were  adopted  in  the 
early  action  of  this  government  in  regard  to  all  the  largo  tribes 
west  of  the  Mississippi.  He  was  in  favor  of  the  most  decided  and 
liberal  provisions  on  the  part  of  this  government  for  the  restraint 
of  the  dilTiculties  brought  on  by  the  Indians  in  Texas,  but  such  re- 
straint could  only  be  maintained  by  the  general  government,  with 
the  express  sanction  of  the  legislanure  of  Texas.  The  treaties 
formed  prior  to  the  annexation  of  Texas  by  that  occurrence  were 
involved  in  doubt,  or  at  least  had  become  somewhat  invalidated. 

Mr.  RUSK  bad  no  doubt  that  it  would  suit  these  Indians,  Cher- 
okees and  others,  to  establish  a  boundary  in  Texas  when  they 
were  actually  intruders  on  the  soil.  They  would  no  doubt  be  very 
thankful  fur  the  opportunity  of  laying  claim  to  a  portion  of  her 
domain.  The  honorable  Senator  from  Tennessee  had  stated  that 
the  annexalioM  of  Texas  bad  divested  the  existing  treaties  of  tlieir 
former  force  and  validity. 

Mr.  BELL  acknowledged  that  they  ought  to  have  been  carried 
out  in  good  faith,  but  that  they  were  really  not  now  to  be  relied 
upon,  and  thought  that  there  ought  to  bo  some  new  arrangements 
made. 

Mr.  RUSK — That  i>  just  what  this  amendment  proposes.  It 
authorizes  the  President  to  coir.ply  witli  the  provisions  of  the  treaty, 
and  send  a  suiricienl  number  of  agents  to  control  the  Indians. 
The  small  amount  proposed  in  that  amendment  to  be  applied  to 
support  of  agents  fur  the  settlement  of  these  difficulties,  was  no- 
thing in  r(ini|iarisnn  to  wliiil  il  yet  might  cost  Textis  and  the  go- 
vernment of  ihe  United  States.  Should  an  Indian  war  ensue,  Tex- 
an blood  in  prolusion  would  have  to  be  shed,  and  perhaps  hundreds 
of  thousands  of  dollars  appropriated  by  the  general  government 
before  il  could  be  suppressed.  The  authority  of  a  United  States 
agent  would  be  I'ccognizcd  and  aeknowledgcil,  because  it  was  well 
known  llial  the  United  States  would  maintain  the  power  of  its  ro- 
presentativos.  Tho  Indians  would,  therefore,  be  compelled  to 
move  hack  without  bloodshed. 


June  14.] 


INDIAN  APPROPRIATION  BILL. 


721 


Mr.  ATCHISON  had  Init  a  very  few  wnrds  to  say  in  reference 
to  Iho  suhject.  He  would  inform  the  honorable  Senator  that  a 
hill  would  bo  reported  from  the  Committee  on  Indian  Allairs  to- 
morrow, which  woidd  answer  all  the  jmrposcs  the  Senator  from 
Texa.s  dcsiiod  to  have  accompl'ishcd.  It  had  been  unanimou.sIy 
agreed  upon  by  the  committee;  they  havini^  by  invcsti<ration  bo- 
eomo  satisfied  that  there  was  danj;cr  of  an  Indian  war  resulting 
Irom  the  dillicidtios  that  had  taken  place.  The  President  had  ap- 
pointed an  Indian  aL'ent  for  Texas  called  a  special  aijent.  That 
ayent  had  rcprcscnlcd  lo  the  Indian  Department  that  he  was  en- 
tirely iinalilc  te  restrain  the  intercourse  between  the  citizens  of 
Texas  and  the  Indians;  and  unless  that  could  be  done,  peace  could 
not  he  maintained.  When  the  agent  forbid  any  white  man  settling  on 
the  Indian  territory,  they  replied  that  intercourse  did  not  exist  be- 
tween the  Indians  and  the  United  States,  and  that  they  were  citi- 
zens of  Texas,  and  would  acknowledire  no  jurisdiction,  no  le*;isla- 
lion  beyond  that  of  Texas.  The  intercourse  of  the  United  States 
did  not  reach  Texas,  and  could  not,  unless  through  the  medium  of 
the  legislature  of  Texas.  Hence  the  appointment  of  Indian  agents 
whose  authority  would  not  he  recognized  in  Texas,  without  the 
consent  of  the  legislature  of  Texas,  would  be  worse  than  a  farce. 
The  bill,  as  he  remarked,  that  would  be  reported  to-morrow, 
would  do  all  the  Senator  proposed  to  do  by  his  amendment,  aud 
so  sfn)n  as  the  authorities  of  Texas  woidd  consent  to  its  jn'ovisions 
being  enforced  in  Texas,  and  give  tne  United  States  the  retpiisite 
j'ower  to  restrain  the  Indians  the  government  would  put  their  pow- 
ers in  force.  As  to  the  itinerant  Indians  that  lived  out  of  the  State, 
Texas  had  a  right  to  keep  them  oU'by  force  or  to  call  upon  the  ge- 
neral government  for  a  sulflcient  nuiuber  of  troops  to  d.ive  them 
away. 

Mr.  RUSK  disliked  to  be  troublesome,  but  in  regard  to  the  re- 
ference spoken  of  to  the  legislature  of  Texas  for  authority  to  sub- 
due and  restrain  these  Indians,  he  would  say  that  the  legislature 
of  Texas  would  not  meet  again  for  two  years,  so  tliat  this  bill 
could  not  be  acted  on  during  that  time.  To  be  sure,  if  Texas 
chose  to  convene  an  extra  session  of  the  legislature,  and  pay  four 
times  the  amount  involved  in  the  amendment  he  had  offered,  the 
bill  might  be  passed  upon  at  an  earlier  period.  The  United  States 
had  made  a  treaty  with  these  Indians — they  wore  dissatisfied  be- 
cause of  the  non  fulfilment  of  some  of  its  stripulations,  and  it  wat 
the  duty  of  the  government  to  send  out  agents  to  settle  and  ar- 
range the  matter.  His  amendment  embraced  all  that  was  neces- 
sary lo  be  done  at  the  present  time. 

Mr.WESTCOTT.— I  am  much  surprised  at  the  remarks  of  the 
Senator  from  Tennessee.  [Mr.  Bell,]  and  of  the  chairman  of  the 
Committee  on   Indian  .\H'airs,  [Mr.  Atchison.]     They  say  it  is 
the  opinion  of  the  President,  Secretary  of  War,   Commissioner  of 
Indian  of  Indian  Affairs,  and  of  the  coiumittee  of  which  those  Sen- 
ators are  members,  that  without   the   express    assent  of  Texas  by 
her  legislature,  the  federal  government  has  no  jurisdiction  or  con- 
trol over  the  Indians  resident  within   the    State  of  Texas.     They 
argue  that  therefore  it  would  be  wrong  to  adopt  this  amendment. 
I  recollect  well  when  the  treaty  with  the  Texas  Indians,  concluded 
by  the  late  Col.  Butler,  was  submitted  to  the   Senate  for  ratifica- 
tion, it  was  opposed  on  the  same  ground.     I  was  with  the  opposi- 
tion before  the  matter  was    fully  discussed.     An   honorable  Sena- 
tor from  Arkansas,  then  at  the  head  of  the  Indian  Committee,  now 
in  Mexico,  [Mr.  Sevier,]  to  sustain  the  rights  of  the   federal  go- 
vernment to  make  the  treaty,  referred   to  the   constitutional   pro- 
vision, giving  to  it  the  right  to  "  regulate  intercourse  with  the  In- 
dian tribes.""   It  is  true,  the  United   States  does  not  own  the  ter- 
ritory where  those  Indi  uis  reside,  but  there  is  no   exception  in  the 
constitutional  delegation  of  pow'er.     The  United  States  have  made 
treaties  with  the    Senecas.  Stockbridge,   Brothertown,   and  other 
Indian  tribes,  in  States  where  the  federal  government  had  no  claim 
upon  the  land.     The  treaty  was  ratified  by  two-thirds  of  the  Sen- 
ate; and  I  had  supposed  the  question  of  jurisdiction  was  settled. 
I  have   no   dilliculty    about  it.     Since    that   treaty    was    ratified, 
(Texas  acquiescing)  I  conceive  the   United   States  have  as  much 
right  to  control  the  Indians  in  Texas,  as  the  Indians  in  any   other 
pari  of  the  Union.     If  not  the  making  and   ratification  of  thai 
treaty  was  a  solemn  farce,  and  the   treaty  itself  a  dead   letter. — 
I   became   satisfied    that    the    United    States    had   the    right    to 
make   the    treaty,    and    the    right  to   execute   it,   or   adopt  .any 
other   measures,  regulating   the    intercourse  of  the   whites  with 
the   Indians,    in    conlormity    to    their    policy.     Texas    owns  the 
land,  subject  to  the  Indian  claim  of  occupancy,  and  it  is  to  be  pre- 
sumed that  the  United  States  will,  by  its  laws  respecting   the  In- 
dians, have  special  reference  to  the   right   of  Texas  to  the  land — 
to  the  necessity  of  the  Indians  retiring  before  the  white  emigration, 
and  the  preservation  of  peace   and  quiet    on   the   frontier.     As  to 
the  question  of  the  right  to   control    these    Indians  by  the  federal 
government,  and  the^ight  to    regulate  their  intercourse  with  the 
border  settlers,  it  can  be  exercised  without  special  law,  under  the 
military  power  delegated  by  the  constitution.     The  United  States 
can  establish  military    posts    along    the    border,   and    inhibit   the 
whites  or  Indians  from  crossing  either  way  the  mililary  line.     As 
to  these  Texas  Indians,  the  United  States  have  not  acted  in  good 
faith  with  Texas.     I  know,  personally,  that    about  the   year  I.S33 
or  1S3.1,  several  hundred    Indians    were    sent  from    Apalachicola, 
Florida,  into   the    then  republic  of  Texas.     They  made  a  treaty 
with  the  United  States,  stipulating  that  they  would  remove  them- 
selves "  west  of  the  Mississippi;"  and  instead  of  going  west  of  the 
Arkansas,  when   the  Creeks  and  Cherokces  went,  they  joined  the 
Musquito  Indians  in  Texas,  and  some  of  them  soon  after  became 

30th  Cong. — 1st  Session — No.  91. 


concerned  in  attacks  upon,  and  massacres  of,  the  Texan  frontier 
settlers;  and  some  of  them  were  killed  in  battle  by  Tcxnns  under 
the  command  of  the  Senator  from  that  State,  [Mr-  Uusic]  Our 
Indians  are  continually  crossing  the  line  ol  Texas.  We  worn 
bound  to  restrain  them.  Now  what  was  the  amcndmcnl  pro- 
posed ?  Merely  the  appointment  of  superintendents  ami  agents 
to  reside  among  these  Indians  to  keep  them  in  order,  (^onld  Tex- 
as object  to  this,  or  docs  any  one  suppose  that  .she  would  do  it  ? 
If  she  docs  the  officers  need  not  go  there  at  all.  But  it  is  said 
the  Indian  intercourse  laws  do  not  extend  to  Texas.  All  the 
laws  of  the  United  States  extend  to  Texas  by  the  terms  of 
the  acts  of  annexation  and  admission.  There  is  no  execption 
The  Texian  legislature  has,  by  joint  resolution  on  your  table,  prim- 
ed by  your  order,  asked  for  military  posts,  and  agreed  to  these  In- 
dian agents.*  The  ca.'<e  of  Gcorgi.a  and  her  Indians  has  licen  al- 
luded lo.  That  case  was  entirely  different.  Georgia  owned  the 
land,  and  the  United  States  h.ad  expressly  stipulated  to  extinguish 
the  Indian  title  and  remove  the  Indians;  and  all  the  "lifficuliy  occur- 
red from  the  United  Stales  not  fullilling  this  stipniation,  Georgia 
got  tired  of  waiting  and  undertook  to  enforce  her  own  rights  her- 
self, in  her  own  way,  by  Sl.ate  action.  I  do  not  pretend  now,  if 
the  State  of  Texas  by  legislative  action,  should  resolve  to  coerce 
the  Indians  within  her  limits,  to  remove  further  west,  that  the 
United  Stales  could  properly  resist  such  Stale  action.  But,  with- 
out it,  all  the  intercourse  laws  of  the  United  Stales  with  respect 
to  the  Indians,  can  be  enforced  against  individuals  whether  whiles 
or  Indians.  The  objecl  of  this  amendment  was  the  peaceful  re- 
gulation of  the  Indians,  through  the  inlluencc  of  the  agents  pro- 
posed to  be  appointed,  and  the  few  thcfiisand  dollars  propo.sed  to  bs 
expended  may  save  the  expenditure  of  two  hundred  thousand  six 
montlis  hence  In  an  Indian  war.  It  appears  strange  that  Senators 
should  base  opposition  lo  this  bill  on  the  anticipation  that  Texas 
will  resist  or  object  to  a  measure  for  the  protection  of  the  lives 
and  properly  of  her  frontier  citizens,  even  if  the  power  of  the 
United  States  should  be  considered  questionable.  1  shall  there- 
fore vote  for  the  amendment. 

Mr.  ATHERTON  remarked  that  in  common  with  the  other 
members  of  the  committee  who  had  addressed  the  Senate,  so  far 
as  he  had  examined  the  subject,  he  couhl  not  sec  wliat  right  the 
United  Slates  had  to  jurisdiction  over  the  Indians  of  I'cxas,  uidess 
authority  was  given  her  by  the  Slate  Legislature  of  Texas.  In 
the  appropriation  bill  before  the  Senate,  an  appropriation  of  fif- 
teen hundred  dollars  for  a  sub-Indian  agent  fm-  Texas  was  made, 
and  it  was  .supposed  that  nothing  further  would  bo  necessary  until 
the  bill  framed  with  particular  referrcnce  to  a  removal  of  the  diffi- 
culties w.as  reported  from  the  Indian  Committee.  By  the  inter- 
course laws  of  1834,  the  definite  jurisdictional  boards  of  the  United 
States  did  not  extend  to  Texas.  Texas  had  preserved  jurisdic- 
tion over  all  her  lands  and  it  was  only  by  her  authority  that  the 
general  government  could  exercise  any  power  within  her  limits. 

The  question  was  then  taken  upon  agreeing  to  the  amendment, 
and  it  was  determined  in  the  negative,  as  follows  : 

YF.AS. — Messrs,  Benton,  Borland,  Brailbnry,  Callionn,  Davis,  of  Mississippi, 
Felcli.  Hamlin.  IMancriiiii.  Riislv.  .Sfl.n^tian.  St,ur;;(!on.  Turnpy,  and  VVesti-ott — i;t. 

N.VVS.— IMc-sri.  ,Al.  l}i.-(m,  .Vllicrt..n.  I!.acl(;er,  Hell.  lierrien,  Hilller.  (Jonvin,  lla- 
vis,  of  IMassaeliiivefl-.  Davloii,  liiikin^nii.  I>ix.  Downs,  (iit-ene.  Hale.  Hniilcr.  Jnlm- 
sou,  of  Oeorpia.  .Mason,  .Miller,  Nilcs,  IVarce,  .Spruanee,  Underwoo'l,  and  V'niee — 'Zi 

Mr.  SEBASTIAN  moved  a  postponement  of  the  bill  until  to. 
morrow,  in  order  that  he  might  submit  an  amendment  which  he 
intended  to  ofl'er. 

The  motion  was  agreed  to. 

EXECUTIVE    SESSION. 

On  motion  by  Mr.  DIX,  the  Senate  proceeded  to  the  considera- 
tion of  Executive  business  ;  and  after  some  time  spent  therein, 

On  motion. 

The  Senate  adjourned.] 


'Joint  resohltion  instructing  onr  Senators  anil  requesting  onr  Representatives  to  pro- 
cure the  passage  of  an  act  of  Congress  concerning  military  posts  on  tlic  frontier,  and 
relative  to  intercourse  with  Indians. 

Sec,  3.  Be  it  resolved  hy  the  hirislatttrc  of  the  State  of  Teras,  That  onr  Sena 
tors  in  Congress  be  instructed,  and  our  Represent  at  ive-s  retjuested,  lo  nse  their  influ 
ence  for  procuring  the  passage  of  an  act  establishing  a  chain  of  military  post.s  in  ad 
Vance  of  thesettlemcnts  between  Red  river  and  the  Rio  (Irande  ;  and  that  said  posts 
shall  be  removed  from  time  to  time  as  the  settlements  advance. 

Sicc.  2.  That  we  also  recommend  tli.al  in  any  Congressional  enactments  concerning 
Texas  Indians,  suitable  provisTons  niav  be  incorporated  requiring  the  Indian  agents  of 
the  t-Iniled  States,  and  the  commandant  of  the  troops  in  the  government  service  sta- 
lioued  on  onr  frontier,  to  confer  with  the  governor  of  Texas,  that  ihey  may  jointly  co- 
operate in  pursuing  such  policy  as  niav  best  tend  to  the  preservation  of  the  present 
friendly  relations  of  the  Indians,  and  Ihe  protection  of  the  rights  of  our  citizens. 

Sbc.  3.  That  the  governor  be  recinested  to  transmit  a  copy  of  these  resolnlionii  lo 
each  of  our  Senators  aud  Representatives  in  Congress. 

J..IMES  VV.  HRXnr.RSON-. 
Spe, 


.\pproved  Match -it,  IS  I?. 


tilier  tif  the  Hoitse  of  ftepreiCHtatircs. 
JOHN  A.  CREER. 

Vreiideitt  of  the  ScnaU. 

GEO.  T.  WOOD. 


*  The  foregoing  is  a  cojiy  ol  tlie  original  joint  resolution  on  file  in  the  State  Depatt- 

'"""'■  W.  D.  .MILLER. 

Secretary  of  SUUe. 


722 


PETITIONS— RESOLUTIONS,  ETC, 


[Thursday, 


THURSDAY,  JUNE  15,  1848. 


THE  VICE  PRESIDENT. 

Tlie  Hon.  George  M.  Dallas,  A'ice  President  of  the  United 
States,  and  President  of  the  Senate,  resumed  the  chair. 

BEPORT  FROM  THE  WAR  DEPARTMENT. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the 
Sporetarv  of  War,  made  in  compliance  wiili  a  resoluiinn  of  the 
Senate,  of  the  2Sth  idtimo,  showing  the  number  of  Creek  Indian 
warriors  killed  or  wounded,  or  who  had  died  while  in  the  service 
of  the  United  States  during  the  war  in  Fiorida,  and  the  arrears 
of  pay  due  to  each  of  them,  which  was  read  and  ordered  to  be 
printed. 

PETITIONS. 

Mr.  ATCHISON  presented  the  petition  of  John  H.  Eaton, 
prayinfr  the  reimbursement  of  the  cost  of  a  horse  purchased  by  him 
from  the  United  States,  which  proved  to  be  unsound  ;  which  was 
referred  to  the  Committee  of  Claims. 

Mr.  BUTLER  presented  a  petition  of  citizens  of  Charleston, 
South  Carolina,  praying  that  the  spirit  ration  in  the  navy  may  he 
abolished  ;  which  was  referred  to  the  Committee  on  Naval 
Affairs. 

Mr.  CAMERON  presented  a  petition  of  citizens  of  Philadelphia 
engaged  in  eommerce  and  navigation,  praying  an  increase  of  the 
navaf  establishment  of  the  United  States;  which  was  referred  to 
the  Committee  on  Naval  Affairs. 

PUBLIC    STABLE. 

Mr.  HUNTER,  from  the  Committee  on  Public  Buildings,  re- 
por'ed  the  following  resolution,  which  was  considered  by  unani- 
mous consent  and  agreed  to  : 

Rcsofred,  That,  ro  piovidp  acrijiTniiodations  for  llie  liorses  and  wagons  employed 
in  the  service  of  tlie  St^nare,  the  t^ominissioner  of  the  Viihlie  Buildings  canse  a  stable 
10  be  built  on  the  pnblio  gronnd  near  tlie  Capitol  ;  an"i  that  the  expense  thereof,  not 
to  exceed  $500,  be  paid  out  of  the  contingent  fund  of  the  Senate. 

FltEMONT's  MAP  OF  OREGON  AND  CALIFORNIA. 

Mr.  BENTON  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to  : 

Resolved,  Tliat  there  be  printed,  for  the  use  of  the  Torosraphical  Korean,  one  hun- 
dred copies  of  Fremont's  map  of  Losver  California,  and  the  same  nnmber  of  Fre- 
TnODt's  Geographical  Memoir,  in  illustrauon  of  his  map  of  Upper  California. 

RECRUITING  SERVICE. 

Mr.  ATCHISON  submitted  the  following  resolution,  which 
was  considered  by  unanimous  consent  and  agreed  to  : 

Rcsotval,  That  the  Seerf-tary  of  War  inform  Ihe  Si-n.ite  whnl  iiiiniberof  recruits 
have  been  enlisted  in  the  army  during  the  war  with  Me.\ico  within  the  liisl  niiielv 
days. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  reueivcd  fi'om  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President :  The  President  of  the  United  States  approved  and  signed,  the  tilth 
instant,  Iheeniolled  bill  eiilitied  "An  ael  in  explanation  of  an  act  entitled  '.\n  act  to 
appropriate  the  proceeds  of  the  public  lands,  and  to  grant  pre-emption  rights.'  '' 

The  House  of  Represent-ltives  concur  in  the  amendment  of  the  Senate  to  the  joint 
resolution  pro\  iilinj;  i'or  the  payment  of  the  regiment  of  Texas  momitedtfroops  called 
into  the  service  of  the  United  s>tates  under  there(|uisition  of  Colonel  Curl  is  in  the  yeai 
1847,  and  for  other  purposes. 

They  have  passed  n  resolution  in  relation  to  the  transportation  and  dischar;;;c  of  the 
military  forces  of  the  United  Estates 'at  the  close  of  the  svar  with  .Mexico,  iu  which 
they  request  the  concurrence  of  the  Senate. 

The  Speaker  of  the  House  of  Ueprescntatives  having  signed  an  enrolled  resolution, 
1  am  directed  to  bring  it  to  the  Senate  for  the  signature  of  their  President. 

SIGNING    OF    A    JOINT    RESOLUTION. 

The  VICE  PRESIDENT  signed  the  enrolled  joint  resolution 
providing  for  the  payment  of  the  I'cgiracnt  oi"  Texas  mounted 
troops  called  into  the  service  of  the  United  States  under  the  requi- 
sition of  Colonel  Curtis  in  the  year  1847,  and  for  other  purposes. 

TRANSPORTATION    AND    DISCHARGE    OF    TROOPS. 

The  joint  resolution  from  the  House  of  Representatives  in  rela- 
tion to  the  transportation  and  discharge  ol  the  military  forces  of 
the  United  States  at  the  close  of  the  war  with  Mexico,  was  read 
the  first  and  second  times,  by  unanimous  consent. 

Mr.  BENTON. — I  would  inquire  if  that  resolution  is  not  a 
counterjiart  of  the  one  which  I  presented  yesterday  morning  to 
the  Senate  ? 

The  resolution  was  again  read  by  the  Secretary. 


Mr.  BENTON. — It  is  tho  same  precisely.  I  have  no  objection 
that  tho  Senate  should  proceed  at  once  to  its  consideration,  as  it 
has  come  into  our  hands  at  the  very  moment  wlien,  according  to 
the  notice  I  gave  yesterday,  I  was  about  to  ca'.l  up  the  one  which 
I  introduced.  I  move  that  the  Senate  proceed  to  the  considera- 
tion of  the  resolution  now. 

Tho  PRESIDING  OFFICER.— With  the  unanimous  consent 
of  the  Senate,  this  resolution  will  now  be  considered  as  in  Commit- 
tee of  the  Whole. 

Mr.  BREESE. — I  do  not  quite  understand  the  resolution.  It 
seeitis  to  me  there  will  be  some  little  difficulty,  if  it  be  adopted  as 
it  stands  at  present.  So  far  as  tho  olfieers  of  the  marine  corps  arc 
concerned,  a  regulation  has  been  adopted  by  which  first  lieutenants 
have  been  made  captains,  and  second  lieutenants  have  been  made 
first  lieutenants.  The  military  law  does  not  recognize  the  promo- 
tion of  officers  in  that  way,  except  the  appointments  are  made  to 
fill  vacancies.  Now,  if  this  joint  resolution  passes,  what  becomes 
of  these  classes  of  officers  ?  They  cannot  go  back  to  their  original 
rank;  they  have  had  regular  promotion.  But  by  the  passage  of 
this  resolution,  these  second  lieutenants  will  be  thrown  out  of  the 
service — the  corps  willle  disarranged— the  others  must  be  trans- 
ferred back.  Besides,  it  seems  to  me  to  be  premature  to  act  upon 
this  resolution  no.i,  before  we  have  received  the  proclamation  of 
the  President.  It  is  possible  that  he  may  recommend — thourrh  I 
do  not  sav  that  he  will — an  addition  to  the  military  force  of  the 
country.  Our  frontier  will  be  almost  entirely  undefended;  and  it 
seems  tome  to  be  absolutely  necessary  that  there  should  be  an  in- 
crease of  the  military  force.  I  give  this  opinion  without  any  very 
accurate  knowledge  of  the  subject,  I  confess.  But  in  regard  to 
the  marine  corps  I  do  not  see  how  the  ditfieully  that  I  have  ad- 
verted to  is  to  be  got  over,  if  this  resolution  should  be  adopted. 

Mr.  BENTON. — If  the  Senator  desires  a  postponement  of  the 
subject.  I  will  not  picss  the  vote  to-day.  Perhaps  the  diiriculty 
wliieh  the  Senator  has  stated  may  be  removed  upon  a  little  fur- 
ther consideration.  In  tho  meantime,  however,  I  will  myself ofler 
an  amendment  to  the  resolution.  In  every  case  in  which  officers 
have  been  disbanded  at  the  conclusion  of  the  war,  there  has  been 
an  allowance  made  to  them  of  three  months  pay,  in  order  to  cover 
their  loss  of  time,  and  expense  in  returning  home.  This  was  done 
at  the  conclusion  of  the  war  in  1815,  and  it  has  been  the  case  at 
the  conclusion  of  all  wars.     I  therefore  offer  this  amendment : 

"  And  all  commissioned  officers  so  discharged,  shall  he  entitled  to  receive  three 
nionlhs  extra  pay  in  addition  to  the  jiay  and  allowances  doe  by  law.'' 

It  is  taken  from  tho  act  of  1815,  and  embraces  only  commis- 
sioned ofiicers.  Non-commissioned  olTicers  have  their  land  bounty 
and  other  tillowances.  It  is  for  three  months'  extra  pay  only,  in 
order  to  cover  their  expenses  in  returning  home 

Mr.  CAMERON. — I  move  to  amend  the  amendment  by  includ- 
ing "  non-eomrBissioned  ollicers,  musicians,  and  privates."  It  is 
true  that  they  get  their  land,  but  experience  has  taught  mo  that 
although  they  do  get  their  lands  eventually,  it  is  a  long  time  before 
they  get  them;  and  they  undergo  great  privations.  I  move  that 
these  words  be  added  to  the  amendment. 

The  question  being  taken  upon  the  amendment  to  the  amend- 
ment, it  was  determined  in  the  affirmi.tv.ve.  Ayes  2.t,  noes  not 
counted. 

The  question  then  recurred  upon  agreeing  to  the  amendment  as 
amended. 

Mr.  ATCHISON  said:  I  would  inquire  if  this  amendment  includes 
all  the  troops  that  are  discharged;  those  who  enlisted  hut  who  have 
never  reached  Mexico,  as  well  as  those  who  have  fought  <  If  it 
wore  so  modified  as  to  embrace  those  only  who  were  in  tho  army 
at  the  time  of  the  war,  I  should  have  no  objection;  but  as  it 
stands,  I  apprehend  it  will  put  those  who  have  never  been  in  Mex- 
ico at  all  upon  the  same  footing  with  those  who  have  fought.  It 
seems  to  me  preposterous  to  place  theui  all  upon  the  same  footing. 

Mr.  WEBSTER. — I  take  somewhat  of  a  different  view — in- 
deed an  entirely  different  view,  from  that  adopted  by  the  Senator 
from  Missouri.  He  says  the  amendment  will  embrace  many  sol- 
diers who  have  not  smcllcd  powder.  The  greater  their  misl'nrtune  I 
And  you  may  say  the  same  of  the  oliieers.  The  imimlse  of  any 
honorable  iierson,  ollicers  or  soldiers,  is  to  enter  into  and  jiass 
through  the  service  with  distinction,  and  if  ho  has  failed  in  an  oppor- 
tiinity  to  oblain  that,  it  is  his  misfortune.  I  believe  if  you  look  at 
the  jrrogress  of  oliieers  and  soldiers,  whose  fate  it  has  been,  not  to 
be  able  to  face  the  enemy,  you  will  lind  it  is  to  them  a  subject,  not 
of  rejoicing,  but  of  regret.  I  know  no  principle  lor  any  such  dis- 
tinctions as  was  inlinialcd  by  tho  Senator  from  Missouri.  Those 
who  enter  the  service  take  their  chances,  they  hazard  the  climate, 
and  the  climate  is  ten  times  more  fearful  than  the  swords  of  all  the 


June  15.  | 


NATURALIZATION  LAWS. 


723 


soldiers  in  Mexico.  Why  then  make  the  distinction?  And  be- 
sides, if  you  make  the  distinction  in  rejjard  to  soldiers,  why  not  in 
reijard  to  officers  ?  They  have  been  occupied  coins:  hither  and 
thither,  without  meeting  the  enemy.  Sir,  put  them  all  on  the 
same  I'ootinj;.  We  are  bound  to  presume  that  all,  both  ollicers 
and  men,  have  entered  the  service  not  only  with  the  rational  view 
of  receiving  their  proper  reward,  but  the  view  also  of  meciin^  the 
enemy  and  distinguishinn-  themselves  in  battle.  I  am  for  placing 
them  all  exactly  upon  the  same  ground,  and  if  this  proposition 
does  not  embrace  all  the  soldiers  equally,  I,  for  one,  cannot  con- 
cur in  it. 

Mr.  BENTON. — The  words  of  the  amendment  are.  I  believe, 
"  all  commissioned  officers  so  discharged." 

Mr.  CALHOUN  asked  for  the  reading  of  the  amendment. 

It  was  again  read  by  the  Secretary. 

Mr.  BENTON. — Thus  you  see  it  is  narrower  in  its  application 
than  is  apprehended  by  either  of  the  gentlemen  who  have  spoken. 
It  is  limited  to  those  who  will  be  discharged  under  the  resolution. 
Having  now  brought  this  subject  to  the  attention  of  the  Senate,  I 
should  prefer  that  it  lie  over  for  final  decision,  until  to-morrow. 

Mr.  ATCHISON. — I  wish  to  make  one  remark  by  way  of  ex- 
planation, in  regard  to  what  was  said  by  the  honorable  Senator 
from  Massachusetts.  I  agree  with  him.  that  it  is  the  misfortune 
of  these  men  that  they  did  not  smell  gunpowder.  It  was  no  fault 
of  theirs.  But.  sir,  my  remark  was  intended  to  apply  only  to  those 
who  were  lately  enlisted,  and  who,  perhaps,  have  not  reached 
Mexico  at  all  I  would  ask  the  Senator  from  Massachusetts  if  it 
be  proper,  that  those  who  have  been  recently  enlisted,  and  have 
not  been  in  service  at  all  should  receive  in  addition  to  their  bounty 
land,  three  months  additional  pay,  whilst  the  soldier,  who  has 
fought  during  the  whole  war,  and  encountereil  all  the  hazards  of 
the  climate,  receives  nothing  more  '<  That  is  the  view  that  I  take 
of  the  subject. 

Mr.  WEBSTER. — I  dare  say  that  under  the  proposition  as  it  is, 
some  five  hundred  or  a  thousand  men  may  receive  this  quarter  sec- 
tion, who  have  not  worked  very  hard  for  it,  who  have  not  encoun- 
tered any  particular  danger,  and  have  not  been  exposed  to  any 
particular  severity  of  climate.  But  we  cannot  in  such  cases  grad- 
uate our  bounty  with  such  precision.  If  we  adopt  the  amendment 
■which  the  Senator  suggests,  we  may  shut  out  five  hundred  per- 
sons who  may  be  supposed  not  to  deserve  the  proposed  bounty,  and 
in  doing  so,  we  may  perhaps  retain  what  properly  belongs  to  a 
hundred  very  deserving  men.  Now,  I  think  it  is  better  to  make 
the  rule  general.  If  there  is  bounty  and  grace  falling  on  those 
who  are  not  entitled  to  reward,  then  they  have  it.  But  let  boun. 
ty  and  grace  fall  upon  those  in  the  mass  who  have  certainly  enti- 
tled themselves  to  it. 


Mr.  DICKINSON  gave  notice  that  on  Monday  next,  he  would 
ask  the  Senate  to  take  up  the  bill  reported  by  liim  to  amend  the 
naturalization  law. 

The  object  of  the  bill  he  would  simply  state,  was  to  entitle 
those  persons  who  had  taken  the  proper  preliminary  steps,  to  avail 
themselves  of  the  benefit  of  the  law,  though  they  may  have  been 
temporarily  absent  from  the  country  in  Mexico  or  elsewhere, 
during  the  period  of  residence  required  by  the  law  as  it  now 
stands. 

Mr.  BENTON  moved  that  the  resolution  lie  upon  the  table  ; 
which  was  agreed  to. 

EXTEK3I0N    OF    THE    NATUH.1LIZ ATION    LAW.'!. 

Mr.  BERRIEN,  from  the  Committee  on  the  Judiciary,  to 
whom  was  referred  the  bill  to  extend  the  benefits  of  an  act  enti- 
tled ''An  act  to  establish  an  uniform  rule  of  naturalization  and  to 
repeal  the  acts  heretofore  passed  on  that  subject"  to  the  wives  and 
ohddren  of  citizens,  reported  the  same  with  amendments. 

Mr.  BERRIEN. — I  beg  to  say  that  when  this  hill  was  intro- 
duced the  other  day  by  the  Senator  from  Massachusetts,  that  hon- 
orable Senator  presented  to  the  Senate  certain  considerations 
which  rendered  it  important  that  the  bill  should  be  speedily  acted 
upon  by  the  Senate.  With  rci^ard  to  that  portion  of  the  bill  which 
provides  fur  the  condition  of  the  children  of  parents,  citizens  of  tlie 
United  States,  which  children  are  born  out  of  the  limits  of  the 
United  States,  under  the  act  of  1802  the  provision  is  confined  to 
children  of  parents  who  were  in  life  at  the  time,  and  by  the  lapse  of 
time  it  is  therfore  becoming  inoperative.  The  act  of  18(32  supercedes 
the  act  ol  1795.  which  included  all  citizens  of  the  United  States, 
withont  reference  to  time.  It  has  been  thought  expedient  by  the 
committee  to  reinstate  the  provisions  of  the  act  of  179.5,  and 
thereby  the  children  of  citizens  of  the  United  States  born  abroad 
will  be  themselves  citizens  of  the  United  States.  That  is  the 
first  provision.  The  second  provisiou  is  to  give  the  right  of  citi- 
zenship to  an  aWon  feme  cocert ,  being  married,  to  a  citizen  of  the 
United  States.  We  propose  to  limit  the  provision  to  anch /cm c 
coverts  as  shall  continue  to  reside  w  thin  the  United  States.  The 
first  provision  is,  I  think,  of  such  importance  as  to  induce  the  Sen- 
ate to  give  it  immediate  consideration.  I  therefore  move  that  the 
bill  be  now  considered. 

The  Senate  proceeded  to  consider  said  bill  and  amendments 
as  in  Committee  of  the  Whole. 


Mr.  WESTCOTT.— I  hope  this  bill  will  not  be  pressed  today. 
I  was  not  satisfied  with  it,  even  as  amended,  in  the  committee,  and 
am  not  prepared  to  vote  for  it.  I  prefer  the  amendments,  which 
alter  the  original  bill,  greatly  to  it.  I  do  not  know  that  I  have 
any  great  objection  to  the  first  section  of  the  bill  as  amended.  It 
re.enacts  an  old  repealed  law  merelv.  But  I  should  like  to  ex- 
amine the  subject  more  closely.  I  wish  to  sec  why  that  law  was 
repealed.  I  think  there  should  be  in  all  laws  on  the  subject  of 
naturalization  provisions  requiring  positive  and  direct  acts,  by  the 
persons  which  it  may  make  citizens,  indicative  of  their  intentions 
to  avail  themselves  of  the  law,  such  as  renouncing  all  foreign  alle- 
giance, and  taking  the  oath  of  alle-.iance  to  this  country.  I  do 
not  see  the  propriety  of  Congress  severing  the  natural  allegiance 
of  any  foreigner  to  the  country  of  his  birth  by  a  naked  act,  with- 
out any  expression  on  his  part  of  his  wishes,  or  even  assent,  to  a 
change  of  his  allegiance.  With  respect  to  foreign  countries  who 
may  claim  the  allegiance  of  such  person,  it  strikes  me  such  law  is 
exceptionable,  even  if  we  have  the  full  right  thus  to  sever  such 
allegiance.     I  suggest  this  for  the  consideration  of  Senators. 

As  to  the  second  section  as  amended.  I  shall,  as  at  present  in- 
formed, vote  against  it  ;  but  I  desire  it  postponed,  that  I  may 
draw  the  attention  of  more  experier.ecd  Senators  to  its  phrase- 
ology and  its  eflecls.  It  makes,  by  its  own  force,  every  foreign 
female,  nay,  "  every  woman  married,  or  who  shall  be  raairied,  to 
a  citizen  of  the  United  .States,  and  shall  continue  to  reside  there- 
in," a  citizen  of  the  United  States  I  am  not  cxacily  prepared  to 
say  what  eflect  this  may  have.  What  are  the  rights  intended  to 
be  conferred  on  such  female  by  this  bill  ?  What  will  be  her  politi- 
cal rights  ?  What  her  civil  rights?  What  change  does  this  bill 
work?  What  advantages  will  she  acquire — wliai  disaiJvantges 
will  she  avoid  ?  These,  in  my  judgment,  are  all  pertinent  ques- 
tions, which,  I  trust.  Senators  wdl  understand  well  befoie  they 
decide  on  this  bill.  One  cfTect,  I  think,  I  understand  clearly.  In 
some  of  the  States  an  alien  widow  lakcs  no  dower,  in  some  an 
alien  of  either  .'■e.'c  cannot  take  lands  by  descent,  or  devise,  or  by 
purchase — in  fact,  cannot  hold  lands  at  all.  By  this  bill,  if  passed, 
it  seems  to  me.  all  these  females  who  are  made  by  it  citizens  of 
the  United  States,  avoid  the  effect  of  those  State  laws.  But  one 
single  condition,  "  to  continue  to  reside  in  the  United  States,"  is 
required.  She  is  not,  if  of  foreign  birth,  required  to  abju:e  her 
foreign  allegiance,  renounce  her  fealty  to  her  native  country,  and 
swear  allegiance  to  this.  No  expression  or  manifestation  by  her 
of  her  wish  to  become  a  citizen  is  required,  except  mere  residence 
with  her  husband  here.  This  fact,  whatever  her  feelings  and  in- 
tentions, is  all  sufficient.  Under  this  bill  a  foreign  female,  after 
residence  here  long  enough  to  get  the  property,  this  bill,  I  suppose, 
is  intended  to  s'ive  her  a  right  to  claim  and  hold,  could  return  to 
her  own  country,  and  say  she  never  owed  us  allegiance,  never  was 
a  citizen  of  the  United  States,  and  deny  the  force  and  effect  of  the 
law  to  make  ber  such  citizen  and  dissolve  her  natural  allegiance 
against  her  wishes  !  Could  a  foreign  female  be  proceeded  against 
for  treason  upon  the  mere  facts  of  marriage  and  residence  being 
proved?  While  married,  the  residence  is  held  by  law  to  be  under 
the  constraint  of  the  husband.  I  hope  Senators  will  consider  the 
practical  operation  and  efl'tct  of  this  section  before  it  is  adopted. 
The  chief  difficulty,  I  have,  however,  is,  that  this  section  of  four 
lines  will  so  operate  upon  and  affect  the  local  laws  of  the  State  I 
have  referred  to,  respecting  dower,  descents,  and  devises,  and 
aliens  holding  lands,  that  every  State  in  the  Union  having  such 
statutes  must,  as  soon  as  this  bill  passes,  resort  to  affirmative,  pos- 
itive legislation  to  meet  the  alteration  in  the  laws  of"  nations  re- 
specting allegiance,  and  in  the  common  law  as  to  fc>7ie  covert 
aliens-.  This  bill  virtually  repeals  or  changes  the  elfijct  of  all  these 
laws  of  the  States.  It  creates  the  necessity  of  an  immediate  re- 
vision by  the  States  of  all  their  statutes,  on  the  subjects  I  have 
mentioned,  to  meet  these  new  rules  of  alienage  and  citizenship 
established  by  an  act  of  Congress  !  Can  it  be  that  such  power  is 
possessed  by  Congress  ?  Can  it,  under  the  delegation  in  the  con- 
stitution of  the  United  States,  "  to  establishing  an  uniform  rule  of 
naturalization,"  do  this  ?  If  so — if,  by  our  legislation,  we  can  thus 
change  the  effect  of  all  these  laws  of  the  States  in  an  instant — it 
is  a  tremendous  power.  We  could  at  once,  by  four  lines  of  a  law, 
admit  every  foreigner  of  every  country  to  citizenship  without  resi- 
dence or  any  other  condition  !  It  seems  to  me  the  sole  object  of 
this  law  is  thus  to  afl'ect  the  rights  of  alien  females  to  property 
under  the  State  laws.  There  can  be  none  other  ;  for  they  cannot 
have  any  mere  political  rights  of  value  to  them.  I  would  also  call 
the  attention  of  Senators  to  the  phraseology  of  this  section  allow- 
ing any  female  who  has  or  may  marry  a  citizen  to  become  herself 
a  citizen,  no  matter  what  country  she  came  from.  It  strikes  me 
the  terms  are  somewhat  too  broad.  I  otiject  to  the  preamble  of 
the  bill  also  as  superfluous  and  useless,  and  that  I  shall  move  to 
strike  out. 

Mr.  WEBSTER.— I  would  suggest  to  the  Senator  from  Flori- 
da to  withdraw  his  objections  to  considering  the  bill  now  :  accept 
the  amendments,  strike  out  the  preamble,  have  the  bill  printed  as 
amended,  and  let  it  go  over  to  Monday  next,  by  which  time  Sena- 
tors can  examine  it. 

Mr.  WESTCOTT. — I  am  entirely  agreed  to  such  a  course. 
All  I  desire  is,  that  the  bill  shall  not' be  decided  finally  to-day — > 
not  until  its  provisions  and  effect  can  be  fully  considered. 

The  amendments  having  been  read  by  the  Secretary — 

Mr.  CALHOUN. — I  had  no  idea  that  this  bill  was  coming  up 
to-day.     It  requires.  I|ihink,  some  consideration. 


724 


INDIAN  APPROPRIATION  BILL. 


[ThUESDAY) 


Mr.  WESTCOTT.— The  question  is  only  to  be  taken  upon  the 
amendments. 

Mr.  CALHOUN. — Woll,  the  amendments  may  be  important. 
I  desire  an  opportunity  to  examine  them.  I  therefore  move  that 
the  bill  and  amendments  be  printed. 

Mr.  WEBSTER.— I  hope  that  the  honorable  Senator  from 
South  Carolina  will  allow  the  amendments  to  be  adopted,  and 
he  will  then  have  an  opportunity  to  consider  whether  he  has 
any  objection  to  the  provisons  of  the  bill.  I  will  suirgest  fur- 
ther to  the  honorable  Senator,  that  the  bill  as  it  was  sent  to  the 
cnmniittee  contained  some  (irovisions  of  a  disputable  character, 
and  the  comuiitiee  has  stricken  them  all  out.  I  wish  the  honora- 
ble Senator  would  allow  the  amendments  to  be  acted  upon. 

Mr.  CALHOUN. — It  would  then  be  too  fate  to  offer  any  oppo- 
sition to  them. 

On  motion  by  Mr.  WESTCOTT,  the  preamble  to  the  bill  was 
stricken  out. 

The  amendments  reported  to  the  bill  were  agreed  to  ;  and  it 
was 

Ordered,  That  the  bill  be  printed,  as  amended,  and  that  the  fur- 
ther Consideration  thsrcof  be  postponed  until  to-morrow. 

CHANGE    OF    REFERENCE. 

On  motion  by  Mr.  RUSif ,  it  was 

Ordered,  That  the  Committee  on  Military  Affairs  be  discharged 
from  the  lurther  consideration  of  the  resolution  of  the  Leaislature 
of  Tennessee  in  favor  of  compensating  certain  companies  of 
mounted  volunteers. 

On  motion  by  Mr.  TURNEY,  it  was 

Ordered,  That  the  said  resolution  be  referred  to  the  Committee 
of  Claims. 

ADVERSE    REPORTS. 

Mr.  MASON,  from  the  Committee  of  Claims,  to  whom  was  re- 
ferred the  memorial  of  Ann  B.  Co.\,  submitted  an  adverse  report, 
■which  was  ordered  to  be  printed. 

Mr.  BUTLER,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  (letition  of  iiiliahiianls  of  Winnebago  county^  H- 
liuois.  presented  the  27th  April,  submitted  an  adverse  report. 

PRIVATE    BILL. 

Mr.  NILES,  from  the  Commiltee  on  the  Post  Office  and  Post 
Hoads,  to  whom  was  referred  the  bill  from  the  House  of  Repre- 
sentatives for  the  relief  of  William  Fuller  and  Orlando  Saltmarsli, 
reported  it  without  amendment. 

UNITED  STATES  DISTRlTT  COt-RT  IN  LOUISIANA. 

Mr.  BUTLER,  from  the  Committee  on  the  Judiciary,  to  whom 
the  petitions  of  oerlain  citizens  of  Louisiana,  for  the  establishment 
of  a  judicial  district,  were  referred,  subinillcd  a  rejioi  t  accompa- 
nieil  by  a  bill  for  the  bi'tter  organization  of  the  District  Court  of 
the  United  States  within  the  State  of  Louisiana. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

SHIP  CANAL  AROUND  THE  FALLS  OF  ST.  MARY's,  MICHIGAN. 

Mr.  FELCH,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  resolution  of  the  Legislature  of  Mifhigaii,  in  fa- 
vor of  granting  a  right  of  way  and  certain  public  huid  to  a  canal 
company,  submitted  a  report  accompanied  by  a  bill  grunting  to  the 
State  of  Michigan  the  right  of  way  and  a  donation  of  pubbe  land 
for  the  construction  of  a  ship  canal  around  the  falls  of  St.  Mary's, 
in  said  Slate. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  rejiort  bo  printed. 

PRIV.ATE    BILL. 

Mr.  BRADBURY,  from  the  Committee  of  (laims,  to  whom 
was  referred  the  petition  of  the  legal  representatives  of  John  G. 
Mackall,  deceased,  submitted  a  report  accompanied  by  a  bill  lor 
their  relief. 

Tlie  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

LAND   CLAIMS   IN  MISSISSIPPI. 

Mr.  BORLAND,  from  the  Committee  on  Public  Lands,  to 
whom  was  referred  the  bill  from  the  House  of  Representatives 
supplemental  to  an  act  to  confirm  the  survey  and  location  of  claims 
■  in  the  State  of  Mississippi,  east  of  the  Pearl  river,  and  south  of 
the  :tlst  degree  of  north  latitude,  approved  March  3,  iiiio.  report- 
ed it  without  amendment. 

UNITED   ST.\TES  DISTRICT  COURT    IN  ARKANSAS. 

Mr.  WESTCOTT,  from  the  Committee  on  the  Jndiciary,  to 
whom  was  recommitted  the  bill  to  divide  the  District  of  Arkansas 
into  two  judicial  f)istricts,  reported  the  same,  and  submitted  a 
special  report  on  the  subject. 


MEXICAN  WAR  CORRESPONDENrE. 

The  Senate  resumed  the  consideration  of  the  resolution  submit- 
ted on  the  12th  inst.  by  Mr.  Badger,  for  the  printing  of  an  E.xec- 
utive  document  of  the  House  of  Representatives  No.  60  ;  and  the 
blank  having  been  filled  with  "  five  thousand,"  the  resolution  was 
agreed  to,  as  follows  : 

Itcsoh-rd.  That  there  I»e  printed  for  the  nse  cftlie  Senate  5000  copies  of  Fxecutive 
dOL-anient  No.  fiO,  of  the  House  of  Rf  preventatives  of  the  present  ses»ioa,  entitleil  tlie 
Mexican  war  correspondence. 

THE  TREATY  WITH  ME.XICO. 

The  Senate  proceeded  to  consider  the  following  motion,  submit- 
ted yesterday  by  Mr.  Mangum,  audit  was  agreed  to  : 

Ordered,  That  20,000  copies  of  the  proceedings  of  the  Senate 
in  Executive  session  on  the  treaty  with  Mexico,  and  of  the  ilocii- 
ments  from  which  the  injunction  of  secresy  has  been  teinoved  by 
the  resolutions  of  the  Senate  of  the  31st  May  and  the  2d  inst.,  be 
printed  for  the  use  of  the  Senate. 

INDIAN  APPROPRIATION  BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  the  bill  making  appropriations  for  the  current  and 
contingent  expenses  of  the  Indian  Department  and  fur  fulfilling 
treaty  stipulations  with  the  various  Indian  tribes  for  the  year  end- 
ing June  30,  1849,  and  for  other  purposes. 

Mr.  SEBASTIAN  submitted  the  following  amendment : 

Slrilie  out  the  whole  of  the  third  section,  and  sirikcout  in  the  ITih  lineof  Ihe  first 
section,  the  words  "  twelve  tliousand  si.\  liuudred  and  seventy-eiRlit"  anil  insert  in 
lieu  thereof  "eighteen  tliousand  ;"  and  strikeout  in  the  19th  and  '.'Otii  hnesoflhe 
same  section,  the  words  "eigiit  hundred  and  seventy"  and  insert  nine  thausand seven 
hundred  and  fifty." 

Mr.  SEBASTIAN.— The  object  which  I  propose  to  effect  by 
the  amendment,  is  to  prevent  a  reduction  in  the  establishment  of 
the  aaencies  and  sub-agencies  upon  the  western  frontier,  and  re- 
store it  to  the  condition  in  which  it  was  found  at  the  last  session 
of  Congress.  By  the  act  of  1834,  and  subsequent  acts  of  1S37, 
and  '46,  there  were  successively  established  a  number  of  agencies 
and  sub-agencies,  increasing  in  number  as  our  Indian  relations 
were  enlarged,  until  about  twenty-seven  were  created,  the  aggre- 
gate authorized  by  the  different  acts.  This  bill  proposes  to  re- 
duce the  number,  so  that  the  maximum  shall  not  exceed  fifteen, 
and  confers  upon  the  Executive  the  power  to  enlarge  the  number 
whenever  a  change  m  the  position  of  the  tnbes,  or  their  relations 
may  render  it  necessary.  I  have  examined  into  the  history  of  the 
legislati<in  upon  this  subject,  and  of  this  particular  feature  in  the 
bill,  and  can  see  no  propriety  in  the  proposed  reduction,  nor  can  I 
see  that  the  reduction  when  made  will  efttjct  any  thing  more  than 
a  nominal  relief  to  the  Treasury  at  present,  at  the  price  of  peace 
and  security  on  the  frontier.  This  economy  is  ill-timed  ami  un- 
called for,  and  aniuunls  in  its  results  to  the  most  prodigal  extrav- 
agance. It  has  been  the  policy  of  the  government  heretofore,  to 
establish  twenty-seven  agencies  and  snb-agcncies,  in  order  to  se- 
cure the  protection  of  the  frontier,  and  maintain  internal  peace 
among  the  tribes.  We  can  much  less  submit  to  their  withdrawal 
now,  when  we  have  but  little  other  security  for  the  maintenance 
of  o,'der  and  quiet.  Djiring  the  war  with  Mexico,  the  army  on 
the  frontier  has  been  withdrawn  to  other  fields  of  operation,  the 
posts  left  without  garrisons,  the  country  without  defence,  while 
our  chief  safeguard  and  protection  has  been  found  in  a  well  or- 
dered system  of  agencies  extending  into  every  tribe,  as  organized 
by  the  laws  to  which  I  have  referred.  This  has  been  the  most  ef- 
fectual means  on  our  part  of  enforcing  our  intercourse  law>,  regu- 
lating their  local  afi'airs,  and  municipal  measures,  and  maintaining 
ill  their  integrity  the  established  relations  towards  them  and  each 
olhin-.  As  yet  the  policy  of  the  government  has  never  carried  pro- 
tect ion  as  far  as  we  were  entitled  to  it  by  the  circumstances  under 
which  the  difl'erent  tribes  were  transplanted,  and  domiciled  on  our 
frontier,  exposing  us  to  many  of  the  evils  which  caused  their  re- 
moval. As  yet  It  is  unknown  what  portion  of  the  army,  when  re- 
duced to  the  peace  establishment  may  be  awarded  to  frontier  de- 
fence. While  our  arm  of  defence  is  entirely  withdrawn  and.it  is  un- 
certain when,  and  with  what  strength  it  may  be  restored,  it  is  un- 
wise and  impolitic  to  impair  the  strength  and  eliieiency  of  the  re- 
inaiiiiiig  barrier  left.  I  am  opposed  to  the  reduction  therefore  be- 
cause it  is  breaking  down  this  barrier,  destroying  this  protection, 
and  weakening  the  security  which  it  has  heretofore  allorded.  The 
nniintaining  of  agencies  among  the  tribes  is  the  least  obnoxious 
mode  of  superintending  their  allairs,  and  dhscharging  our  duties 
towards  them.  They  regard  them  with  favor  and  with  pride,  and 
plume  themselves  upon  their  privilege  of  a  separate  and  distinct 
agencv.  It  is  the  visible  evidence  of  their  nationality,  their  inde- 
pendence and  protection,  which  their  weakness  derives  from  our 
strength.  It  is  the  connecting  link  between  theiu  and  the  fed- 
eral government.  Devoted  to  the  distinct  interests  of  the  tribe, 
transacting  their  separate  business,  the  agent  possesses  their 
confidence,  andthrough  this  is  enabled  to  exert  an  infiu- 
ence  otherwise  unattainable.  Destroy  this  separate  agency, 
confederate  them  under  one  agent — attempt  even  this  limited 
LTnion  among  discordant  elements,  and  you  give  rise  to  discontents, 
jealousies  of  the  weaker  tribe  against  the  stronger,  suspicions  of 
partiality  upon  the  part  of  the  agent,  and  by  destroying  their  con- 
fidence in  ills  integrity,  destroy  his  eliieiency,  and  defeat  the 
whole  policy  of  the  governuiPiit  in  these  establishments. 

This  bill  pioposes  to  ciilurge  ihu  number  when  the  altered  posi- 


June  15.] 


INDIAN  APPROPRIATION  BILL. 


725 


tionof  the  trilies  may,  in  the  opinion  of  the  President,  require  it. 
This  is  leaving  a  measure  of  present  necessity  to  the  future.  By 
sinking  out  this  section,  as  I  desire,  the  bill  will  then  leave  the 
whole  matter  in  the  hands  of  the  President,  where  it  is  to  be 
lodfjed  by  existing  laws.  By  the  act  of  1834  he  is  authorized, 
when  it  can  be  safely  done,  to  reduce  the  number  of  agencies. 
This  power  has  never  yet  been  exercised.  I  presume  no  necessity 
has  been  seen  for  it.  The  President,  and  Secretary  of  War,  and 
the  Head  of  the  Indian  Bureau  have  not,  in  any  ollicial  and  res- 
ponsible form,  recommended  it.  I  prefer  the  provisions  of  the  old 
law.  which  tixes  the  higher  number  of  agencies,  with  the  power 
of  reduction,  to  this  bill,  whieli  reduces  the  number,- and  grants  the 
power  to  enlarge  the  number  in  future.  The  old  law  gives  the 
best  security,  and  if  at  any  future  time  the  number  ought  to  be  di- 
minished, the  discretionary  power  to  Jo  so  is  left  where  it  ought  to 
be,  in  the  President.  This  is  better  than  making  an  inflexible 
iron  rule  on  the  subject,  which  right  or  wrong,  ctrects  a  reduction 
in  our  agencies,  at  a  time,  when  of  all  others,  we  need  them  most. 
I  oppose  this  feature  as  a  reform,  because  it  will  bo  attended  with 
immediate  eonlusion.  As  a  step  in  ecoBomy,  it  is  taken  at  the 
wrong  place,  and  will  be  followeil  bv  large  expenditures  in  the  fu- 
fure,  when  perhaps  a  simple  expenditure  of  money  may  be  too 
late  to  avoid  the  conseiiucnce  of  an  error  now. 

Mr.  BORLAND. — 1  propose  submitting  a  few  remarks  in  sup- 
port of  the  amendment  offered  by  my  colleague,  for  the  tmrpose  of 
calling  the  attention  of  the  .Senate  to  the  peculiar  situation  of  the 
State  of  Arkansas  in  regard  to  the  Indians.  It  is  iliU'erently  situ- 
ated from  al)  other  States.  The  policy  of  the  government  has  been 
to  send  almost  all  the  Indians  upon  the  western  frontier,  and  they 
liave  not  at  any  lime  granted  us  adequate  protection  from  those 
Indians.  The  consequence  has  been,  that  disturbances  have  arisen 
npon  our  western  frontier,  creating  for  the  federal  court  the 
greater  amount  of  its  business,  and  imposing  a  heavy  expense  upon 
the  government.  As  a  matter  of  justice,  then,  to  the  people  in 
the  western  portion  of  that  State,  and  as  a  matter  of  economy  to 
the  general  government  it  is  important  that  we  shouUl  have  some 
adequate  protection  ;  at  all  events,  that  we  should  have  more  than 
we  have  hitherto  bad.  Tlie  circumstances  of  the  withdrawal  of 
the  troops  of  which  my  colleague  has  spoken  renders  it  necessary 
that,  instead  of  a  diminution  of  agencies,  they  should  be  increased. 
The  necessity  for  additional  security  and  protection  to  be  aflbrded 
to  us  on  the  western  frontier  became  so  great  in  1844,  that  the 
second  regiment  of  dragoons  was  raised  to  protect  us  against  the 
incursio.is  of  the  Indians,  and  against  the  disturbances  which  were 
occasioned  mainly  by  disputes  and  conflicts  among  the  diflerent 
tribes.  These  disturbances  can  only  be  prevented  by  having  a 
strong  military  lorce  there,  or  else  by  having  additional  agencies 
established  among  the  Indian  tribes.  I  make  these  suggestions  in 
addition  to  what  has  been  staled  by  my  colleague,  for  the  purpo.se 
of  directing  the  attention  of  the  Senate  to  the  importance  of  adopt- 
ing this  amendment. 

Mr.  ATHERTON. — I  hope  the  amendment  will  not  prevail. 
I  should  be  as  averse  as  any  one  to  do  any  thing  to  fiidanger  the 
securitv -jf  those  who  reside  near  these  Indian  territories,  or  which 
might  lead  to  any  difficulty  among  the  Indians.  The  Senator  says 
he  can  find  no  recomniendution  from  the  department,  which  em- 
braces the  section  he  projioses  to  strike  out.  Sir,  this  reduction 
of  the  exjienscs  of  superintendents  and  Indian  agents  has  been 
made  by  the  House,  with  the  full  concurrence  of  ihe  Committee 
on  Indian  Aflairs.  On  account  of  the  change  that  has  been  made 
in  the  situation  of  many  of  the  troops,  this  reduction  can  be  safely 
and  properly  made  ;  and  it  is  in  pursuance  of  (he  wish  and  recom- 
mendaliun  of  the  Commissioner  of  Indian  Affairs  that  it  has  been 
introduced.  I  believe  that,  instead  of  dminishing,  it  will  increase 
the  etticieiiey  of  the  agencies  ;  and  I  certainly  think  it  is  important 
in  one  respect,  because  the  bill  so  sent  to  us  from  the  House  does 
diniinisli  the  expenses  of  Indian  agencies  in  the  aggregate  to  the 
ex'ent  of  aliout  ten  thousand  dollars.  I  have  here  a  statement  of 
the  distribution  which  it  is  proposed  to  make  of  these  agencies  and 
sub-ugencies  among  the  Indian  tribes: 

[Mr.  A.  here  read  a  paper  containing  an  account  of  the  pro- 
posed distribution  of  agents  and  sub.agents  among  the  Indian 
tribes.] 

This  is  not  the  first  time  that  this  subject  has  been  before  Con- 
gress. A  bill  was  passed  by  the  House  last  session  containing  in 
the  two  first  sections  the  same  jn'ovislon  for  retrenchment  of 
agencies  as  in  lliis  bill.  That  bill  contained  also  other  provisions. 
The  department  had  not  then  obtained  all  the  information  neces- 
sary 10  enable  tlicm  to  decide  upon  the  propriety  of  the  rednetion. 
Therefore,  when  the  bill  came  to  the  Senate  the  two  first  sections 
were  stricken  out,  with  the  view  of  olitainmg  further  inlbrinatinn 
before  acting  upon  the  subject.  The  department  has  now  ob- 
tained that  full  information,  and  is  of  opinion  that  the  reduction 
can  safelv  and  properly  be  made,  and  it  is  therefore  introduced 
into  this  bill  But  there  is  something  further  in  regard  to  this 
matter.  The  bill  to  which  I  have  alluded,  after  having  been 
amended  in  the  Senate,  was  passed,  and  became  a  law.  It  con- 
tained in  the  third  section  the  following  proviso,  and  that  is  part 
of  the  law  on  the  subject  at  this  time  : 

".\ml  the  superinlendeuU,  agents,  and  sub-agents  sliall  be  Itirniabed  witli  offices 
lor  Ibetransaclion  uf  the  piibbc  bn>iiies*,  ami  llie  anents  and  sub-ageubi  witb  bonses 
for  their  residence*  at  the  expense  of  Ilie  United  States,  and  with  tlie  absent  of  tlio 
Indians,  be  permitted  to  cultivate  such  iturtions  of  land  as  Uie  President  or  Secretary 
of  War  may  deem  propsr.'' 


Now  this  allowance  for  oflicers  and  dwelling  houses  and  of  cer- 
tain portions  of  land  to  cultivate,  was  made  to  the  agents  and  sub- 
agents  in  consideration  of  a  reduction  of  their  salaries,  as  contain- 
ed in  the  two  first  sections  of  the  bill  ;  and  those  sections  having 
been  stricken  out,  the  reduction  did  not  take  place.  The  agents 
and  sub-agents  then  if  this  amendment  prevail,  will  be  entitled  to 
the  whole  of  their  old  salaries  without  any  reduction,  :ind  in  addi- 
tion to  that,  to  the  dwelling  houses  to  be  built  by  the  government 
as  well  as  the  portion  of  land  allowed  them  to  cultivate.  The 
salary  of  an  agent  vihieh  is  now  fifteen  hundred  dollars,  is  propos- 
ed by  this  bill  to  be  reduced  to  twelve  hundred  dollars,  '{he  num- 
lier  of  agents  is  diminished,  and  the  number  of  sub-agents  some- 
what  increased,  and  it  is  suppo.sed  that  they  will  be  equally  cfli- 
cient.  Now  it  will  be  perceived,  thai  the  adoption  of  the  amend- 
ment proposed  by  the  Senator  from  Arkansas  will  create  much 
confusion.  And  upon  the  whole,  as  it  is  the  opinion  of  the  depart- 
ment that  this  saving  can  be  properly  in.ade,  and  as  the  recent 
change  in  the  position  of  the  troops  made  by  ihe  department  ren- 
ders it  unnecessary  to  keep  up  the  present  number  of  agencies,  I 
do  hope  the  amendment  will  not  prevail.  In  many  ca^es  more 
than  one  tribe  occupy  the  same  lerrilory,  and  the  business  can 
therefore  be  done  by  ono  agent  as  well  as  by  two,  for  the  two 
tribes  thus  mingled  together — as  for  instance,  for  the  Choctaws 
and  Chiekasaws,  lor  the  Creeks  and  the  Seminolcs.  There  is  no 
good  reason  I  think  why  this  reform  should  not  be  carried  out. 

Mr.  SEBASTIAN. — The  statement  which  the  honorable  chair- 
man of  the  committee  has  made  to  the  Senate,  shows  the  fallacy 
of  the  ground  upon  which  this  reduction  is  proposed,  and  I  am 
convinced  now  that  the  department  has  been  wanting  m  that  full 
information  which  is  necessary  to  bring  them  to  a  correct  under- 
standing of  the  subject.  lam  surprised  lo  linil  the  honorable  gen- 
tleman embracing  the  Creeks  and  .Seminolcs  under  the  same  head. 
Those  tribes  were  formerly  of  kindred  blood,  it  is  true,  yet  cir- 
cumstances have  occurred  which  have  arrayed  them  against  each 
olher.  There  [are  at  this  time,  dilliculties  of  the  most  irritalinjj 
character  existing,  which  are  now  under  consideration  of  the  de- 
partment ;  and  liie  afiilialion  of  these  tribes  is  an  object  which 
the  department  has  been  trying  to  etlect,  and  in  which  thus  far 
they  have  most  signally  failed.  There  is  a  deep  seated  jealousy 
on  the  part  of  the  Seminolcs  against  the  Creeks,  and  they  have 
refused  to  come  to  any  terms  with  them,  on  tne  ground  that  pow- 
er will  always  steal  from  the  weaker  to  the  stronger,  and  that  the 
Creeks  will  consequently  exercise  undue  power  over  them  ;  and 
now  we  prspose  to  join  them  together,  and  to  allow  one  agent  to 
transact  the  business  of  both  tribes.  It  is  proposeil  also  that  the 
Chiekasaws  and  Choctaws  shall  be  united,  and  that  there  sliall  bo 
but  one  agent  for  both,  and  yet  I  am  informed  by  persons  acquaint- 
ed with  those  tribes,  and  wluise  personal  knowledge  enables  them 
to  S|ieak  confidently  on  the  subject,  that  their  relations  towards 
each  other  are  of  such  a  character  that  the  business  of  those  trilies 
cannot  be  transacted  by  the  same  agency.  And  their  relations 
with  each  other  are  becoming  more  complicated,  for  it  is  alwavs 
the  case  that  as  a  nations  advance  in  civilization,  their  rights  be- 
come of  a  more  complicated  nature.  It  is  an  historical  fact,  that 
in  regard  to  all  those  nations  residing  in  the  west,  they  have  had 
feuds,  and  exterminating  wars  in  days  gmie  by,  the  recollections 
of  v.hich  still  remain,  ami  if  not  enfiicient  to  ile^iroy  all  intercourse 
they  at  least  create  that  degree  of  prejnilice,  which  renders  it  im- 
jiossible  that  you  can  conibiic  them  under  the  agency  of  one  man. 
When  you  attempt  it,  you  not  only  eflect  no  good  purpose  but  de- 
stroy ihe  very  jiolicy  of  the  governinent.  It  is  nnpossible  that 
your  agent  could  have  the  cididnenee  of  both  tribes,  he  must  loose 
that  of' one  or  the  other.  The  whole  plan  of  rediK'tion  is  a  fallacy. 
It  is  calculated  lo  defeat  the  very  policy  of  the  government  ;  and 
when  you  (iropose  to  reduce  the  niimber  of  agencies  from  twenty- 
seven  to  fifteen  you  might  as  well  consolidate  them  at  once,  and 
let  ono  man  attempt  to  do  the  whole  business.  The  duties  of 
these  agents  as  laid  down  in  the  act  of  1.S34,  are  of  such  a  charac- 
ter that  one  man  cannot  perform  the  duties  of  more  than  one.  He 
iMcquired  to  rnside  uiion  the  spot,  and  is  reipiired  to  perform  tUe 
specific  duty  of  enforcing  the  inlercourse  law  and  preventing  all 
violation  of  it.  He  is  required  to  keep  out  intruders.  It  is  utter- 
ly impossible  that  one  man  could  perform  the  duties  of  several 
agencies,  it  would  an  amount  of  physical  labor,  that  would  de- 
stroy his  eirieienov  entirely.  As  to  the  rednetion  of  salaries,  the 
present  compensation  is  only  a  reasonable  one  ;  and  you  can  get 
no  person  who  is  ipialified  to  discharge  the  duties  for  a  smaller 
.sum.  Thev  are  entirely  shut  out  from  all  civilized  life,  and  are 
exposed  to'much  danger  and  fatigue.  I  am  utterly  opposed  to  the 
reduction,  it  will  prevent  the  possibility  of  obtaining  competent 
men. 

Mr.  ATHERTON.— The  honorable  Senator  does  not  refer  to 
the  fact,  that  accompanying  this  reduction  of  salary  is  a  provision, 
by  which  the  agent  is  entitled  to  a  house  and  land  to  cultivate. 
Tills  makes  it  more  than  equal  to  the  old  salary  ;  and  if  this 
ameudtuent  should  be  adopted,  they  would  be  entitled  to  the  old 
salary  still,  in  addition  to  the  house  and  land. 

Mr.  BUTLER.— I  have  not  a  very  intimate  knowledge  in  re- 
gard to  this  matter,  but  I  am  satisfied  af  one  thing,  that  the  at- 
tempt to  confound  different  tribes  together,  and  to  have  but  one 
asient  for  two  tribes,  will  bo  found  to  be  impracticable.  It  is  in 
vain  to  attempt  to  assimilate  what  is  entirely  dissimilar.  You 
will  only  create  jealousies  on  the  part  of  the  Indians,  and,  as  the 
Senatoi-  from  Arkansas  has  said,  it  will  be  altogether  out  of  th« 


726 


INDIAN  APPROPRIATION  BILL. 


[Thursday, 


power  of  any  one  agent  to  superintend  the  affairs  of  several  tribes, 
and  to  keep  out  those  irresponsihle  intruders — those  whites  who 
are  thrusting  themselves  into  the  Indian  country,  and  by  whom  the 
disturbances  that  occur  there  are  principally  occasioned.  As  to 
the  Cherokees,  I  am  not  sure  that  an  agent  should  be  sent  to  thera 
at  all.  Many  of  them  are  enlightened  and  are  capable  of  admin- 
istering the  law  among  themselves.  1  hat  is  an  agency  that  I 
would  be  very  willing  to  get  rid  of.  But  if  you  atteinpt  to  con- 
found the  Creeks  and  Seminoles  together,  they  will  fall  out  with- 
in one  year  from  tliis  time,  and  the  very  purpose  of  the  covernment 
will  be  defeated.  If  you  undertake  to  appoint  one  agent  for  two 
tribes,  you  will  be  but  sowing  the  seed  of  dissension  and  disunion. 

Mr.  RUSK.— I  have  no  doubt  that  the  whole  Indian  system 
might  be  liettcr  regulated,  but  I  shall  certainly  oppose  this  reduc- 
tion. I  think  it  is  ill-timed  and  not  at  all  economical.  The  sala- 
ry of  these  agents  is  altogether  too  low.  The  result  in  running 
them  down  to  $800  will  be,  that  you  can  get  no  man  who  is  quali- 
fied to  accept  the  appointment.  The  only  men  that  you  vvdl  be 
able  to  get  will  be  such  as  are  incompolent  to  discharge  the  duties, 
and  who,  instead  of  preserving  jieace  and  quiet,  will  only  produce 
dillieulties.  You  will  not  be  able  to  make  the  Indians  understand 
the  reason  for  the  reduction  ;  they  will  see  that  there  is  a  change 
in  the  policy  of  this  government,  and  they  will  imagine  that  you 
are  withdrawing  from  them — that  you  are  attemjning  to  break  off 
your  relations  with  them.  The  frontier  people  have  been  protect- 
ed heretofore  by  a  considerable  military  force,  but  now  they  will 
have  to  depend  upon  the  proper  management  of  these  agents  and 
sub-agents  for  the  jjreservation  of  peace  and  quietness.  Every  one 
knows  that  there  have  been  ditficulties  among  the  various  tribes, 
and  those  dillicidties  have  been  increased  in  consequence  of  the 
withdrawal  of  the  troops.  They  are  no  longer  under  that  terror, 
and  it  depends  now  solely  ujion  the  cajiacity  of  these  agents  whe- 
ther those  disturbances  will  be  restrained  or  not.  It  is  a  very  bad 
time,  I  think,  to  make  a  change  of  this  description  ;  and  I  thitd;  it 
is  bad  policy  in  the  way  of  economy,  for  I  believe  that  difficulties 
will  arise  that  will  require  ten  times  more  expense  than  the  whole 
expense  of  the  agencies.  It  is  wrong  policy,  in  my  opinion,  to 
commence  a  system  of  economy  in  regard  to  the  delenees  of  your 
western  frontier.  Here  is  the  place  where  economy  ought  to  com- 
mence. Around  this  capitol  you  might  find  subjects  for  reduction. 
There  are  many  officers  of  large  salaries  that  might  well  be  dis- 
pensed with,  feut  I  cannot  consent  to  any  such  reduction  as  pro- 
jjosed  by  this  bill,  particularly  at  this  moment,  when  there  is  no 
other  check  upon  the  Indians. 

Mr.  ATCHISON. — I  have  but  lew  remarks  to  make  in  addition 
to  what  has  been  said  by  the  Senator  Ironi  Arkansas.  We  have 
now  about  16j,000  Indians  on  our  western  borders,  according  to 
the  last  census.  It  is  proposed  that  the  mimber  of  agencies 
shall  be  reduced  to  the  extent  of  nine,  I  believe,  for  the  sake  of 
saving  some  $10,000.  It  appears  to  me  that  the  proper  course  to 
be  pursued  for  the  purpose  of  reducing  expense,  and  at  the  same 
time  to  secure  ellicienl  agents  is,  to  get  rid  of  ail  the  sub-agen- 
cies. Their  aggregate  salaries  amount,  perhaps,  to  $15,000.  My 
impression  is,  that  it  would  be  better  to  dispense  with  these  sub- 
agents,  lor  the  reason  that  you  cannot  get  a  man  who  is  qualified 
to  discharge  the  duties  for  the  salary  you  propose  to  allow  to  your 
sub-agents.  The  moment  you  send  out  a  man  with  that  salary, 
that  mf.ment  he  cominences  speculating  ujion  the  Li'overnment,  upon 
the  Indians,  and  upon  all  connected  with  liini.  You  should  engage 
capable  men  and  give  them  good  salaries.  Of  all  the  officers  of 
the  povernmenl  there  are  none  that  ought  to  be  mure  earofullv  se- 
lected than  those  that  have  to  discharge  the  duty  of  Indian  agent. 
Get  rid  ol  the  sub-agents,  and,  if  need  be.  establish  a  larger  num- 
ber of  agencies  with  large  salaries — Sl.-iOO  at  least.  But  this  bill 
proposes  to  reduce  the  salary  of  the  agent  to  $1,200.  I  concur 
with  the  Senator  from  Texas,  that  we  arc  beginning  at  the  wrong 
end  to  economize.  I  have  in  my  possession  a  mcmorantlum  stat- 
ing the  exact  niimlier  of  Indians  of  each  tribe,  and  where  the  tribes 
are  located,  and  I  am  satisfied  that,  with  a  smaller  number  of 
agencies,  we  could  not  get  along.  And  here  let  me  remark  that 
&ume  of  these  aiients.  whose  salaries  you  propose  to  reduce,  are 
entrusted  with  the  ilislnirsement  of  large  sums  of  money,  some- 
times extending  to  Sl.OO, 000  in  a  year.  It  seems  to  me  it  would 
be  a  narrow-minded  policy  to  undertake  to  reduce  the  salaries  of 
these  agents.  1  can  conceive  of  no  reason  for  making  siir-li  re- 
duction, except  it  be  that  some  of  the  agents  are  obnoxious  to  the 
government. 

Mr.  BUTLER,  (in  his  seat.) — The  government  is  ambitious  of 
great  reforms. 

Mr.  BENTON. — I  believe  this  is  a  proposition  to  make  a  change 
in  the  Indian  system,  by  a  proviso  to  an  appro|iriation  bill.  In 
iny  opinion  it  (iocs  not  belong  to  an  appropriation  bill  at  all.  An 
appropriation  is  for  (lie  purpo.so  of  applying  money  to  some  object 
previously  authorized  by  law,  or  to  an  object  which  has  been  sanc- 
tioned by  some  commiitce,  to  wliicli  tiiat  particular  subject  or 
branch  of  business  properly  belongs.  The  Finance  Cominitteo 
has  nothing  to  do  with  the  Indian  system.  There  is  a  committee 
whose  business  it  is  to  consider  of  all  changes  that  are  necessary 
to  be  made  in  that  system.  According  to  iny  understanding,  then, 
tne  proper  committee  of  the  Senate  has  not  had  that  subject  bel'oru 
it.  The  Indian  Committee  has  not  liad  that  subject  before  it;  and 
1  nmst  say  that  1  consider  it  vicious  legislation  to  undertake  to 
make  such  a  change  by  u  mere  proviso  in  any  appropriation  bill 
whatever.    It  ia  contrary  to  all   usage.    I   tdink,  then,  thai  this 


proposition  for  an  alteration  in  our  Indian  system  ought  to  be 
stricken  out  of  this  bill  and  sent  to  the  Indian  Committee  to  be  by 
them  examined  and  reported  upon.  If  they  find  it  necessapy  to 
make  the  alteration,  they  may  bring  it  before  the  Senate.  The 
reason  assigned  for  the  alteration  is  that  it  will  make  a  saving  of 
$10,000  a  year.  But  how  is  the  altcation  to  work?  It  may 
save  $10,000  in  salaries,  and  occasion  an  expenditure  of  a  larger 
amount  in  some  otiier  way.  It  may  cut  off  at  one  ]>laco  and  put 
on  at  another.  I  am  opposed  to  this  mode  of  legislation;  $1,500 
was  the  old  established  salary  of  an  Indian  agent,  and  I  can  see 
no  good  reason  for  a  reduction,  nor  can  I  see  any  good  reason  for 
changing  the  salary  of  the  sub-agents  from  $750  to  $800.  It  will 
not  make  any  alteration  in  the  character  of  the  sub-agent.  The 
only  sensible  alteration — when  I  say  sensible  I  mean  such  as  will 
produce  a  sensible  efl'ect — the  only  practical  alteration  is  that  pro- 
posed by  my  colleague.  I  really  think  that  this  subject  ought  not 
to  be  introduced  into  an  appropriation  bill,  and  that  any  proposi- 
tion for  an  alteration  in  the  system  ought  to  come  from  the  appro- 
priate committee. 

Mr.  ATHERTON. — This  provision  was  not  introduced  into 
this  bill  by  the  Committee  on  Finance.  It  came  to  the  committee, 
having  been  adopted  by  the  House,  and  upon  an  inquiry  by  the 
Committee  of  the  Indian  Affairs,  whether  this  proposed  reduction 
and  alteration  in  the  salaries  met  with  the  concurrence  of  the  de- 
partment, the  committee  wera  informed  that  it  did;  that  it  was 
upon  consultation  with  the  department  that  this  provision  had  been 
inserted  in  the  hill.  And  not  only  so,  but  it  appears  that  this  mat- 
ter has  heretofore  been  a  subject  of  consideration  in  Congress,  and 
that  a  bill  at  the  last  session  passed  the  House  containing  the 
same  provision,  which  provision  was  stricken  out  in  the  Senate  for 
the  purpose  of  enabling  the  department  to  get  further  information 
on  the  subject.  That  information  has  been  obtained,  and  the  de- 
jiartnient  is  satisfied  that  the  reduction  can  with  propriety  be 
made.  And  as  I  have  said,  I  cannot  see  any  impropriety  in  intro- 
ducing into  an  appropriation  bill  a  provision  to  limit  and  guard  the 
appropriation  contained  in  the  bill.  It  is  certainly  within  the 
spirit  of  the  rule,  and  such  has  been  the  practice  of  the  Senate.  If 
I  understood  the  Senator  from  Missouri,  [.Mr.  Atchison',]  he 
contends  that  the  salary  of  the  sub-agents  is  not  sufficient.  Do  I 
understand  the  Senator  correctly  < 

Mr.  ATCHISON.— What  I  said  was  this.  I  would  recommend 
that  the  number  of  agents  be  increased,  and  sub-agents  dispensed 
with  altogether.  Where  an  agent  is  necessary  at  all,  give  him  a 
salary  of  $1,500.  I  contend  that  no  man  who  is  fit  to  be  an  In- 
dian agent  would  go  there  for  a  smaller  sum. 

Mr.  ATHERTON. — It  seems  to  me  that  if  we  f.re  to  diminish 
ilie  number  of  agents  in  the  whole,  and  increase  their  salary,  it  is 
in  conflict  with  the  argument  of  the  Senator  from  Arkansas,  who 
contends  that  we  must  have  one  agent  for  every  tribe.  To  do 
this  we  must  increase  the  number  to  a  great  extent.  And  it  is 
admitted  by  the  Senator  from  Missouri  that  there  is  some  change 
required.  Now,  to  a  certain  extent,  that  change  is  provided  by 
the  section  which  it  is  proposed  to  strike  out.  He  says  that  the 
sub-agents  are  not  responsible  men.  What  is  the  proposition  here? 
It  is  to  increase  the  safaiy  of  the  sub-agents,  and  not  merely  to 
increase  it  from  $750  to  $800,  but  they  are  to  have  also  a  house 
provided  for  each,  at  the  expense  of  the  government,  and  to  be  al- 
lowed a  portion  of  land  to  cultivate. 

Mr.  ATCHISON. — I  would  ask  if  it  has  not  been  the  uniform 
jiiactice  of  the  government  to  pay  for  the  agent's  houses  ? 

Mr.  ATHERTON. — I  suppose  not^  because  this  provision  was 
made  in  the  bill  which  passed  the  House,  and  of  which  the  two 
first  sections  were  stricken  out  in  the  Senate.  In  regard  to  ap- 
pointing one  agent  for  two  tribes,  concerning  which  it  has  iieen 
said  by  some  gentlemen  hero  that  it  would  be  impossible  lor  him 
to  discharge  the  duties,  it  is  considered  by  the  department  that  it 
would  render  him  more  efficient,  inasmuch  as  the  interests  of  the 
•two  tribes  would  become  identified.  I  am  informed  that  the  Chic- 
asaws  and  Choctaws  are  very  much  mingled  together  in  the  same 
teiritory,  and  that  the  same  is  the  casein  legard  to  the  Creek  and 
Seminoles.  There  can  be  no  necessity  for  keeping  up  two  agen- 
cies when  one  would  do  as  well. 

Tlie  (juestion  being  taken  upon  agreeing  to  the  ameiidraent.  it 
was  detcrminctl  in  the  affirmative. 

No  further  amendment  being  made  the  bill  was  reported  to  the 
•Senate. 

The  question  being  upon  concurring  in  the  amendments  agreed 
to  in  Committee  of  the  Whole,  Mr.  ATHERTON  asked  that  they 
be  taken  se|)aratcly. 

The  ameiidmenls  rejiorted  from  the  Comniitlee  on  Finance  were 
concurred  in. 

The  question  being  upon  concurring  in  the  amendment  proposed 
by  Mr.  Bell — 

Mr.  HUNTER.— I  know  it  is  a  dilficnlt  task  to  attempt  to 
induce  the  Senate  to  change  its  action,  but  the  amendment  is  ill 
my  opinion  so  objectionable,  that  I  feel  bound  to  say  a  few  words 
ill  relation  to  it.  This  amendment  proposes  to  allow  the  Chero- 
kee Indians  who  remained  in  North  Carolina  the  commutation  for 
removal  and  subsistence,  which  by  the  8th  artiolo  of  the  New 
Echotft  treaty  was  to  be  given  in  consideration,  (as  I  think,)  of 


June  15.] 


INDIAN  APPROPRIATION  BILL. 


727 


their  removal.  It  not  only  allows  them  interest  upon  this  sum 
Irom  the  date  of  the  treaty,  but  it  provides  that  the  money  shall  bo 
paid  out  of  tho  Treasury  of  the  United  Slates,  notwithstanding 
the  express  provision  of  the  loth  article  which  prescribes  that  the 
expense  of  removal  and  subsistence  shall  be  taken  from  tho  fund  of 
five  millions. 

The  amendment  has  been  sustained  upon  various  grounds.  Tho 
Senator  from  North  Carolina  maintains  that  it  is  justified  by  the 
express  terms  of  the  New  Echota  treaty.  The,  Senator  from 
Tennessee  abandoning;  that  jjround  as  I  inferred  from  tde  course 
of  his  ar};ument,  maintains  that  tho  United  States  are  bound  to 
the  money,  by  the  assurances  given  the  Indians  by  tho  commis- 
sioner who  negotiated  the  treaty.  The  Senator  from  Connecticut 
relying  upon  none  of  these  reasons,  is  yet  willing  to  vote  for  the 
amendment  because  he  is  convinced  that  the  North  Carolina  Clic- 
rokces  have  never  received  a  sutficient  compensation  for  tiieir 
land,  and  ho  desires  to  remedy  the  injustice  even  in  this  indirect, 
manner.  I  have  exrmined  the  position  of  each  of  the  Senators 
and  with  great  deference  for  authorities  which  1  highly  respect,  I 
must  be  permitted  to  say  that  I  diller  from  tlicni.  It  is  obvi- 
ous, that  the  'Sth  article  of  the  treaty  which  made  this  allowance 
for  compensation  to  ihc  Cherokee  Indians  on  account  of  the  ex- 
pense ol  removal  and  subsistence  for  one  year  alter  they  reached 
their  new  homes,  was  designed  to  induce  the  Indians  to  emigrate, 
and  that  tho  allowance  was  given  in  consideration  of  their  re- 
moval. From  the  very  nature  of  the  stipulation,  it  is  apparent 
that  it  never  could  have  been  designed  to  give  this  allowance  to 
those  who  did  not  emigrate-  But  it  is  maintained  that  under  the 
12th  article  of  the  treaty,  the  Indians  who  remained  east  of  tho 
Mississippi  arc  entitled  to  the  allowance;  because  it  provided  that 
they  should  have  their  due  proportion  of  all  tho  advantages  secur- 
ed to  the  others.  It  seems  to  me,  that  the  opinion  of  the  Attor- 
ney General  on  this  point  is  clear,  convincing,  demonstrative.  It 
is  surely  obvious  from  tho  very  terms  of  the  treaty,  that  the  allow- 
ance was  not  to  be  extended  to  those  Indians  who  did  not  remove. 
Those  who  removed,  actually  expended  the  money  in  their  emigra- 
tion, and  were  therelore,  justly  entitled  to  the  allowance.  Having 
thus  removed  to  a  new  home,  where  they  were  not  at  tirst  able  to 
obtain  subsistence,  thej'  were  entitled  to  the  commutation  for  sub- 
sistence. Those  who  remained,  of  course  did  not  incur  the  cost 
of  removal,  nor  were  they  ex])osed  to  the  inconvenience  and  difli- 
cully  of  obtaining  subsistence  arising  from  emigration  to  a  new 
country.  The  "claims"  relcred  to  in  this  I2th  article,  were 
claims  upon  considerations  or  conditions  presented  by  the  treaty. 
In  this  respect  all  the  Cherokees  were  placed  upon  the  samefoot- 
mg,  and  those  in  North  Carolina  were  entitled  to  claim  upon  the 
same  principles  and  conditions  as  those  who  removed  west.  But 
it  does  not  follow  as  necessary  to  this  equality,  that  because  those 
who  emigrated  were  compensated  for  the  expense  of  their  remo- 
val and  subsistence  after  they  reached  their  new  abodes,  that 
therefore  those  who  did  not  remove  and  expended  nothing  for  that 
purpose,  should  receive  a  similar  allowance.  There  is  no  equality 
in  this.  As  well  might  you  say  that  the  Indian  who  had  suflbrcd 
nothing  from  spoliation  should  receive  as  nuich  as  those  who  had 
incured  losses  from  this  cause.  Tho  one  would  bo  a  gratuity,  the 
other  a  compensation  for  losses  actually  sustained. 
l  But  there  is  .another  consideration  arising  out  of  a  Just  construc- 
tion of  this  article  of  the  treaty,  which,  in  my  judgment,  demon- 
strates conclusively,  that  it  never  was  designed  to  allow  the  com- 
mutation to  the  Indians  who  remained  east  of  the  Mississippi. 
What  are  the  words  of  the  treaty  ?  That  those  who  remain  east 
shall  have  their  due  proportion  of  the  personal  benefits  secured  fy 
the  treaty  for  "claims,  improvements,  and  per  capila." — 
Now,  It  will  be  remembered  that  this  ]icr  capita  allowance 
is  that  to  which  each  member  of  tho  tribe  would  be  enti- 
tled, after  all  legitimate  expenses  should  be  paid  out  of  the  fund. 
Amon;;st  their  legitimate  expenses,  tho  15ih  article  of  the  treaty 
expressly  includes  those  tor  removal  and  subsistence,  and  as  you 
increase  these  last,  you  diminish  the  fund  for  ultimate  distribution 
The  Indians  who  removed  west,  expended  all  they  received  for 
commutali(Ui  of  removal  and  subsistence  in  emigrating.  To  them 
this  commutation  was  a  compensation  for  expenses  actuallv  incur- 
ed. But  the  Cherokees  who  did  not  remove,  expended  nothing 
I'T  that  purpose  and  such  an  allowance  would  be  a  mere  gratuity. 
.\nd  yet  these  last  would  receive  as  largo  a  portion  per  rujiita  of 
the  I'uiid  to  be  distributed  as  those  who  emigrated  in  compliance 
with  tho  wishes  of  the  government.  Is  it  not  clear,  therefore 
that  if  the  Indians  who  remained  east  should  bo  paid  the  com- 
mutation for  removal  and  subsistence,  they  would  receive  an 
undue  jiroportion  of  the  f'und  ?  Had  this  been  the  true  con- 
struction of  the  treaty,  it  would  have  held  out  an  inducement  to 
the  Indians  to  remain  instead  of  emigrating.  But  it  is  well  known 
that  tho  object  of  the  treaty  was  to  induce  the  Indians  to  remove. 
The  Senator  from  Masssachusetts,  however,  says  that  according 
to  the  maxim  oi  some  English  chancellor,  in  construing  a  con- 
tract, the  meaning  of  the  instrument  is  to  be  determined  by  the 
subsequent  conduct  and  understanding  of  the  parlies.  We  have 
been  informed  by  tho  chairman  of  the  Finance  Committee 
as  to  the  understanding  of  the  Commissioners  of  Indian  Affairs, 
Secretaries  of  War,  and  Presidents  with  regard  to  ttie  true  con- 
struction of  this  treaty  ;  that  understanding  clearly  was, 
that  these  Indians  who  remained  were  not  entitled  to  the  allow- 
ance for  removal  and  subsistence.  It  is  true  that  there  have  been 
exceptions  to  this  construction  of  the  treaty  in  some  allowances 
made  in  cases  arising  in  Georgia.  I  have  enquired  into  those 
cases,  ami  I  have  ascertained  that  some  advances  were  made  on 


the  assurance  that  the  Georgia  Indian;  would  remove  and  th* 
sum,  thus  paid  was  charged  to  them  as  their  share  of  the  per  capita 
allowance  when  it  was  found  that  they  would  not  emigrate.  So  far 
as  the  conduct  and  understanding  of  one  of  the  parties  are  con- 
cerned, it  is  clear  then,  that  it  never  was  intended  to  give  these 
North  Carolina  Indians  who  did  not  remove  the  commutation  for 
removal  and  subsistence. 

But  tho  Senator  from  Tennessee  rests  the  cfaim  of  these  Indi- 
ans on  another  gr(>und  ;  the  assurances  which,  it  is  alledged,  they 
received  at  the  time  of  the  negotiation  of  the  treaty,  from  the 
United  States'  Commissioners,  and  more  than  all,  upon  the  word* 
in  the  pro jrt  of  the  treaty  inserted  by  order  of  President  Jackson, 
which,  as  he  thinks,  were  calculated  to  induce  a  well  founded  belief 
in  the  minds  of  the  Indians,  that  those  who  remained  East  would 
receive  this  allowance.  Doubtless  that  argument  made  an  impres- 
sion on  the  minds  of  others  as  it  did  upon  my  own;  an  impression 
which  was  not  removed  till  I  examined  the  documents  and  becamo 
convinced  that  there  was  nothing  to  justify  the  inference  which 
the  Senator  drew.  I  do  not  remember  at  this  moment  the  number 
of  the  article  to  whii:h  reference  is  made,  but  I  can  state  the  sub- 
stance of  it. 

Mr.  BELL — (In  his  seat.) — It  was  the  fourteenth  article. 

Mr.  HUNTER.— It  instructed  the  lommissioners  to  assure 
the  Indians  who  remained  East,  that  they  would  be  entitled  to 
their  due  proportion  uf  all  personal  benefit  accruing  from  this  treaty 
for  claims,  improvements,  removal  and  subsistence,  but  that  they 
would  not  be  entitled  to  any  portion  of  the  fund  to  be  expended 
for  the  common  benefit  of  the  natimi.  It  will  be  perceived,  then, 
that  according  to  the  projc  of  that  treaty,  these  Indians  were 
not  to  be  entitled  to  the  ppr  capila  allowance,  but  as  the  treaty 
was  formed  this  provision  was  changed  and  one  still  more  benefi- 
cial to  the  Indians  was  made  in  tho  eiahth  article  of  the  treaty, 
which  allowed  them  a  share  in  the  per  rupiln  distribution  in  lieu, 
I  suppose,  of  the  commutation  for  removal  and  subsistence  men- 
tioned in  tho  prnjd  and  omitted  in  the  treaty.  Subsequent  cir- 
cumstances changed  the  case,  and  tho  treaty  difi'ered  from  the 
projc.  Again,  the  Senator  from  Tennessee  refered  to  a  cerli- 
ticale  from  Mr.  Schcrmcrhorn,  and  one  fronx  Mr.  Hanson, 
an  agent  of  the  Cherokees  in  relation  to  the  assurances  which 
the  former  gave  the  Indians.  In  relation  to  this  matter  I  think 
that  the  distinction  taken  by  Mr.  Crawford,  one  of  the  former 
Commissioners  of  Indians  Affairs  is  a  very  sound  one.  He  says 
that  parole  evidence  may  be  taken  in  explanation  of  a  treaty, 
but  not  in  contravention  of  it.  Wo  must  abide  by  the  written  in- 
strument as  the  authoritative  expression  of  the  understanding  ol" 
the  parties,  which  they  committed  to  writing,  which  was  signed 
bv  the  commissioners  on  both  sides,  and  on  which  the  Senate 
and  the  President  acted.  Need  I  point  out  the  peculiar 
danger  of  applying  any  other  rule  of  interpretation  to 
these  Indian  treaties,  fruitful  sources,  as  we  know  them  to  be,  of 
every  species  of  fraud  ?  Shafl  we  sufTer  the  commissioners  who 
negotiate  a  treaty  to  come  here,  and  by  testimony  to  contradict 
their  own  work,  setting  up  a  different  understanding  from  that 
expressed  in  their  own  written  instrument?  The  Senator  from 
Georgia  says  that  this  agent  is  a  most  respectable  man,  but  I  am  in- 
formed by  the  chairiiiiin  of  the  Finance  Committee  that  he  was  at- 
torney for  the  Cherokees,  laying  his  claims  for  services  at  twenty 
thousand  dollars  ;  and  that  he  ha<l  already  received  nine  thousand 
dollars.  .Surely,  then,  he  cannot  be  regarded  as  a  disinterested 
w  tness.  But  wheiher  he  was  or  was  not,  I  maintain  that  Scher- 
merhorn  cannot  bring  forward  parole  evidence  of  the  assurances 
which  he,  as  commissioner,  cave  tiie  Indians,  not  only  discrediting, 
but  contradicting  his  own  work. 

I  hold  that  no  man  who  reads  that  treaty  can  arrive  at  any 
other  conclusion  than  that  one  manifest  intention  was  to  dis- 
criminate between  those  who  remained  east  and  those  who  emi- 
grated west  of  tho  Mississippi  and  in  favor  of  the  latter. — 
Yet  this  Mr.  Schcrmcrhorn  says  that  those  who  remained 
were  to  be  entitfed  to  the  commutation,  although  they  never 
did  remove.'  I  know  th  t  in  relation  to  these  Indian  trea- 
ties and  these  Indian  tribes,  wo  shoulu  act  in  a  spirit  not 
merely  of  justice,  but  of  liberality  ;  but  really  the  ques- 
tion IS  now  presented  to  us  in  a  shape  which  forces  upon  us  the 
consideration,  whether  an  Indian  treaty  is  worth  any  thing  at  all; 
for  if  the  Indians  can  come  here,  in  the  lace  of  positive  treaty 
stipulations,  and  set  up  another  and  contradictory  understanding 
upon  the  testimony  of  those  who  negotiated  the  treaty — if  that 
system  is  to  be  permitted,  the  Indian  treaties  might  as  well  be  at 
once  expunged. 

I  am  not  called  upon  to  enter  into  the  question  whether  this  is 
a  treaty  or  not.  The  Senate  ratified  it,  and  must  now  act  upon 
it.  But  the  .^enator  from  Connecticut  ptaced  the  question  on 
another  ground,  creditable  to  his  heart,  and  he  sustained  it  as 
ably,  as  it  seems  to  me,  such  a  view  could  be  maintained.  He 
says  that  the  North  Carolina  Indians  received  nothing  for  their 
lands,  and  it  was  but  just  thiit  they  should  be  paid.  Since  the  de- 
bate of  yesterday,  I  have  made  inquiries  on  this  point,  and  have 
ascertained  that  the  Senator  was  mistaken.  The  North  Carolina 
Indians  have  received  all  that  the  others  received,  e.\cept  that,  by 
remaining  east  of  the  Mississippi,  thcv  did  not  enjoy  any  share  ol 
the  magnificent  domain  which  was  granted  by  the  United  States 
government.  Their  claims  have  been  allowed  whenever,  under 
the  same  circumstances  and  upon  the  same  consideration,  the 
claim  of  a  western  Cherokee  would  have  been  allowed.  They  are 
entitled,  too,  to  a  share  in  the  per  capita  distribution  of  the  Che- 


•72S 


INDIAN  APPROPRIATION  BILL. 


[Thursday, 


rokpp  fund,  and  they  have  only  to  remove  to  the  masnificcnt  do- 
main |irovided  for  tliem  in  the  west,  to  participate  cqnally  in  all 
the  liencfits  enjoyed  liy  their  brethren.  In  point  of  faet,  I  iiin  as- 
sured by  the  Commissioner  of  Indian  AlHiirs.  that  a  considerable 
sum  has  been  paiil  them.  I  do  not  know  the  exact  amount,  biit 
individuals  amonj;st  them  have  received  as  much  as  live  hunilrcd 
dollars  for  improvements.  In  .short,  the  North  Carolina  Indians 
have  received  all  the  benefits  provided  m  the  treaty,  and  if  those 
were  insuirnienl,  the  remedy  is  not  to  be  found  in  a  false  construc- 
tion of  the  instriuncnt,  but  in  a  separate  hill  to  rectify  the  original 
wronjj.  Wo  can  thus  consider  that  case  separately  upon  its  own 
merits,  and  without  prejud<;in<j  another  of  much  l'arf;er  amount, 
whose  decision  mav  he  seriously  cH'ccted  by  the  prcccdenl  estab- 
lished in  this  instance.  It  is  known  that  the  Chcrokees  who  have 
removed  now  set  tip  a  claim,  that  the  expense  of  this  removal  shall 
be  paid  from  the  United  Slates  Treasury,  and  not  nut  of  the  Indi- 
an fund,  as  provided  by  the  l.ith  arlicdc  of  the  treaty.  The  aniiumt 
thus  claimed  is  large- — I  know  not  precisely  how  larsc — but  I  am 
informed  that  it  is  nearly  l»;i,l)0(l,U(XI.  This  question  is  submitted 
to  this  body  for  arbitration,  and  as  yet  has  not  been  acted  upon. — 
Now,  if  we  depart  from  the  express  provision  of  the  treaty,  and 
pay  the  North  Carolina  Inilians  from  the  United  States  Treasury, 
and  not  from  the  fund  ehar^'cil  with  these  expenses,  wdl  not  the 
western  Chcrokees  li.ave  a  still  stronger  claim  upon  the  'i'reasury  ? 
Their  tdaim  is  for  comjiensation  for  expenses  actually  incurred — 
the  other  is  a  clear  profit.  The  very  (losition  of  this  aun-ndnient 
in  a  general  appropriation  bill,  will  add  to  the  force  of  the  ]irccc- 
dent.  According  to  rule  and  usage,  these  bills  are  designed  to 
appropriate  for  objects  alrcatly  provided  for  by  law.  This  item 
cannrjt  be  properly  introilu(;cd  here  unless  the  treatv — wliicii  is 
the  oniv  law  bearing  upon  the  subject — rcrpiires  it.  Tills  very  cir- 
cumstance will  be  used  as  intlieating  the  opinion  of  the  Senate 
upon  the  interpretation  of  the  treaty.  If,  then,  there  be  any  who 
vote  for  this  amendment,  not  because  they  believe  these  Indians 
cnlitleil  to  commutation  for  removal  and  subsistence,  but  because 
thcv  think  they  b.ive  received  too  little  under  the  treaty  for  their 
land,  let  them  require  a  separate  bill  and  place  the  ease  upon  its 
true  grounils.  II"  compensation  for  the  lands  be  the  object  sought, 
this  amendment  does  not  attain  it.  We  are  informed  that  these 
lands  rold  for  $.")OU,unO.  Mr.  Thomas  their  agent,  values  these 
lands  and  improvements,  I  think,  at  $2, .WO, 000.  How.  then,  can 
this  amendment,  providing  a  payment  of  from  SfiO,000  to  $80,000, 
be  cfuisidered  as  an  equivalent  for  so  lumdi  jiropcrtv  ?  It  does  not 
even  profess  to  be  given  uptin  any  such  consideration,  nor  will  it  be 
s*!  rieemed  hereiifter,  wlien  the  whole  subjeet  comes  up,  as  come 
up  it  will,  for  our  decision.  Would  it  not  bo  far  wiser,  safer,  just- 
er,  to  consider  all  the  parts  of  this  complicated  Cherokee  case  to- 
gether, and  make  a  formal  and  satisfactory  adjustment  of  these 
tomplicated  diUieulties. 

I  am  willing  to  deal  with  this  subject  in  a  spirit  of  liberality,  but 
Iain  entirely  oppcrsed  to  the  mode  of  disposing  of  it  which  is  proposed 
by  the  amendment.  Let  a  separate  bill  be  introduced.  Place  the 
claims  of  these  Indians  on  the  true  ground — not  on  the  stipulations  of 
this  treaty,  but  on  the  consideration  that  justice  has  not  been  done 
them,  and  that  the  reparation  for  the  wrong  should  now  be  made. 
lam  unwilling  to  prejudge  another  case  submitted  to  us  for  arbi- 
tration  ;  and  commit  ourselves  to  such  a  construction  of  the  treaty 
as  is  involved  in  the  amendment.  Even  on  the  ground  of  propriety 
I  regard  the  amendment  as  objeetlonalile.  We  cannot  deal  intel- 
ligently with  new  and  coinplieatcd  subjects  of  Indian  legislation 
in  a  general  appropriation  lull.  We  have  seen  in  this  very  <,'ase  an 
illustration  of  the  bad  jiolicy  of  interpolating  amendments  in  bills 
with  wliich  they  cannot  be  Icgitiuiately  connected.     No  sooner  had 


the  Senator  from  Tennessee  sneceeded  with  his  amendment  than 
the  Senator  from  Texas  odered  another  proposing  a  new  system 
of  legislation  in  relation  to  the  Indians  of  his  State.  The  Senator 
from  Tennessee  himself  protested  against  the  introduction  of  that 
anicndmeiU. 

With  the  best  disposition  in  the  world,  I  doubt  our  eapaeitv  to 
benefit  these  wild  Indian  tribes  by  pecuniary  grants.  I  do  not  be- 
lieve that  you  can  confer  the  bcnefiis  of  money  upon  those  who 
knr)W  nothing  of  its  uses  or  value,  by  placing  it  under  their  own 
ct'ntrol.  Our  past  experience  docs  not  juslifv  us  in  lio]»ing  for 
much  good  from  such  attempts.  Take  the  very  tribe  whose  case 
we  are  in  part  considering,  and  towards  whom  this  government 
has  evinced  so  liberal  a  spirit.  In  exchange  for  some  7.000,000  of 
acres  of  land  cast  of  the  Mississippi,  we  have  given  them  13,800,- 

000  acres  of  far  more  fertile  soil  west  of  that  river.  We  have  al- 
ready given  them  more  than  $7,000,000  in  adilition  to  this  magni- 
ficent u(Uiiaiii,  far  more  valuable  than  that  which  they  left  behind 
them,  and  what  has  been  the  result?  The  two  Senators  (rom 
South  Carolina,  who  have  each  had  opportunities  of  knowing  some- 
thing ol'  the  history  of  tliis  tribe,  assure  us  that  the  great  body  of 
the  people  have  derived  little  or  no  bcneht  from  the  generous  pro- 
visions made  in  their  favor.  The  chiefs  and  the  speeuiaiors  have 
monopoli/.cd  nearly  all  of  the  pecuniary  advantages  of  the  treaty. 
Can  we  hope  for  miudi  happier  results  when  we  come  to  repeat 
the  same  experiment  with  the  North  Carolina  Indians?     Still,  sir, 

1  am  willing  to  consider  the  measure  if  presented  in  a  separate 
bill,  in  a  spirit  of  liberality.  If  I  shall  be  convinced  that  wf  have 
dealt  unjustly  by  them,  I  shall  be  ready  to  make  a  just  provision, 
provided  it  be  done  in  such  a  manner  as  to  secure  the  benefits  of 
that  provision  to  those  v  ho  have  suITered.  But  let  us  strike  tiiis 
auicndmciil  nut  id'  this  appropriation  bill  :  and  let  the  case  of 
these  Indians  come  up  with  that  of  their  brethren  who  have  re- 
moved west,  who  are  certainly  entitled  to  more  sympathy  than 
those  who  remained  east  contrary  to  onr  policy  and  wishes. 

Tlie  further  consideration  of  the  bill  was  postpcuicd  until  to- 
morrow. 

TR.\NSrORTATION  .\Nr)  DISCI1.\RGE    01'  TROOrS. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  consi- 
deration of  the  joint  resolution  from  the  House  of  KeprcsciUatives 
to  regulate  the  ilischarge  and  pnymciit  of  the  troops  returning  from 
the  Mexican  war. 

Mr.  BENTON,  by  unanimous  consent,  withdrew  the  amendment 
proposed  by  him  this  morning. 

No  amendment  being  made,  the  resolution  was  reported  to  the 
Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  resolution  was  read  a  third  time  by  unanimous  con- 
sent. 

lir^oh'crl,  Tliat  tliii  resolution  pass. 

EXECUTIVE    SESSION. 

On  motion  by  Mr.  MANGUiM,  the  Senate  proeceiled  to  the  con- 
sideration of  Executive  business;  and  after  some  time  spent  there- 
in, the  doors  were  ojicncd,  and, 

On  motion. 

The  Senate  adjourned. 


June  16.] 


THE  CASE  OF  GEORGE  CENTER. 


729 


FRIDAY,  JUNE  16,  1848. 


BESIGWATION     nf   SIR.   BAUBY. 

The  VICE  PRESIDENT  laid  before  the  .Semite  !i  lelloi  liom 
the  Hon  Arthur  P.  Bagbv,  lesifjnirii;  his  .seal  in  the  Senate  of 
the  United  States  as  nno  of  the  Senators  I'rom  the  Stale  ol  Alaha- 
ina  ;  whieh  was  read. 

On  motion  by  Mr.  LEWIS,  it  was 

Ordered,  That  the  Vice  President  be  requested  t"  inl'orm  the 
Executive  of  the  State  of  Alabama  that  the  Hon.  Akihi'r  P. 
Bagby  has  this  day  resigned  his  seat  in  the  Senate  of  the  United 
Slate.s. 

message  from  the  house. 

The  I'ollowinj;  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  PrPHiHcnt :  Tlic-  House  of  Representatives  have  passed  a  resolution  (!eliiiiii<; 
tlie  ^epo^t^  to  be  annually  made  to  Congress  by  ttte  heads  of  the  several  Exeenliv** 
Ttepartiiipnts,  and  re(]iiiring  the  same  to  Ite  prepared  ininiediately  after  the  elose  of 
each  fiscal  year,  and  forthwith  eomniuDieatcd  for  publication; in  which  they  request 
I  he  concurrence  of  tlie  .Senate. 

The  .^peai.er  of  llie  House  of  Representatives  having  signed  an  enrolled  residutioti. 
I  am  directed  to  bring  it  to  ilie  Senate  tor  the  signature  of  their  l're..ident. 

annua!,  reports  from  departments. 

The  above-mentioned  resolution  from  the  House  of  Representa- 
tives was  read  the  tirst  and  second  times,  by  unanimous  consent, 
and  relerred  to  the  Committee  on  Printinj;. 

SIGNING    OF    a    resolution. 

The  VICE  PRESIDENT  signed  the  enrolled  joint  resolution 
in  relation  to  the  transportation  and  discharge  of  the  military  force 
of  the  United  States  at  the  close  of  the  war  with  Mexico. 

LEAVE    TO    withdraw    PETITION. 

On  motion  by  Mr.  BADGER,  it  was 

Ordered,  That  the  heirs  of  John  H.  Pratt  have  leave  to  with- 
draw their  memorial  and  papers. 

THE  private  calendar. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  the  bill  for  the  relief  of  George  Center. 

Mr.  UNDERWOOD.— This  bill  involves  a  principle,  which,  if 
decided  in  favor  of  the  bill,  will  operate  in  a  great  many  other  ca- 
ses, and  upon  its  decision  a  great  deal  of  money  depends.  The 
principle  ought  to  be  decided,  so  that  the  Committee  on  Claims 
may  hereafter  have  a  guide  for  their  conduct  in  similar  cases-  The 
bill  gill  gives  to  Mr.  Center  !?5,569  80-100  for  properly  that  was 
destroyed  in  Florida  by  command  of  Major  Pierce,  when  it  was 
found  necessary  to  abandon  the  military  post  under  his  command 
at  Maccanopy.  to  prevent  it  from  falling  into  the  bands  of  the  In- 
dians. The  point  is,  is  the  government  under  such  circumstances 
bound  to  pay  for  the  property  *?  I  will  put  this  ease  ;  Suppose  a 
town  to  be  attacked  by  the  enemy,  and  I,  a  private  individual, 
found  that  I  was  unable  to  save  my  property,  wrnild  I  not  destroy 
it  rither  than  let  it  fall  into  the  enemy's  hands  1  Another  consid- 
eration :  Suppose  vou  rietermine  to  pay  for  the  property,  what 
would  it  be  worth  under  such  circumstances,  when  it  cannot  be 
protected  ?  Yet  this  bill  proposes  to  pay  the  full  v.aluc  of  the  prn- 
peity.  Indeed,  independently  of  all  other  circumstances,  I  believe 
that  the  property  is  valued  entirely  too  high. 

.  Mr.  MASON  — The  principle  whieh  is  announced  on  the  part 
of  the  committee  is  ihis — and  I  apprehend  it  is  one  which  will  meet 
the  entire  afiprobation  of  the  .Scnaie — that  when  in  a  state  of  \A'ar 
it  is  found  necessary  to  destroy  private  properly  for  the  public  gooil, 
or  when  the  public  service  requires  il ,  and  the  ])roi>crty  is  destroy- 
ed bv  order  of  the  commanding  olRccr,  the  public  must  pay  for  il. 
The  Senator  from  Kentuelcy  seems  to  assume  thai  if  the  properly 
had  not  been  destroyed  by  the  public  authority,  the  Indians  them- 
selves would  have  destroyed  it.  I  do  not  know  how  this  may  be, 
but  the  naked  principle,  I  apprehend,  is  fully  established,  that  llie 
government  is  bound  to  pay  lor  the  properly  destroyed  by  its  or- 
ders. 

Mr.  BREESE. — Is  there  any  evidence  going  to  show  that  it 
was  in  the  power  of  the  individual  to  remove  his  property  ? 

Mr.  MASON. — No  evidence  was  taken  in  regard  to  that  fad, 
and  I  apjirehend  none  was  necessary. 

Mr.  WESTCOTT. — The  principle  involved  in  this  case  has  re- 
ceived the  sanction  of  both  Houses.  [Mr.  W.  here  referred  to  va- 
rious eases  of  a  similar  character,  m  which  the  claim  for  loss  of 
property  had  been  recognized  and  paid.]  The  principle  is.  that 
where  property  is  destroyed  by  the  command  of  a  military  olliccr 

30th  Cong. — 1st  Session — No.  92. 


to  prevent  it  from  falling  into  the  h;iiid»  of  an  enemy,  the  govern 
ment  is  liable  ;  and  it  apjiears  to  me  that  the  Senator  from  Ken- 
tneky  overlooks  one  very  material  point.  He  supposes  th.at  if  tho 
property  had  not  been  destroyed  by  order  of  the  commanding  offi- 
cer, the  Indians  would  have  destroyed  it.  Son  constat .  The  In- 
dians would  have  taken  the  properly,  and  il  would  have  afl'orded 
them  a  great  deal  of  aid.  They  might  have  fired  the  houses,  but. 
they  would  have  taken  the  store  goods  and  would  have  been  ena- 
bled by  this  means  to  carry  on  the  w"ar  more  successfully.  With 
respect  to  the  government  being  liable,  I  apprehend  there  can  he 
no  doubt.  As  to  the  objection  of  the  honorable  Senator,  that  ihe, 
valuation  of  the  properly  is  too  high,  it  appears  to  me  that  tho  go- 
vernment in  such  a  case  as  Ibis  ought  to  be  liberal.  The  ustj  of 
his  jirojicrty  from  the  lime  it  was  destroyed,  if  it  had  not  been  de- 
stroyed, would  have  been  worth  far  more  than  the  valuation  that 
is  put  upon  it. 

Mr.  PHELPS. — It  seems  to  mo  that  this  bill  introduce;  an  en- 
tirely new  principle,  and  one  which  I  have  never  known  to  be 
sanctioned  by  the  Committee  of  Claims.  This  is  not  a  case  of  the 
taking  of  property  for  public  use.  It  is  the  case  of  tho  deslrue- 
tion  of  property  by  the  hazards  of  war.  And  the  question  arises, 
to  what  extent  is  the  government  liable  for  losses  thus  .sustaine,!. 
If  the  force  stationed  at  that  post  bad  been  overpowered  it  would 
unquestionably  have  been  a  ease  in  which  property  was  sacrificed 
by  the  hazards  of  war.  And  what  difference  does  it  make  whe- 
ther a  destruction  of  property  arises  in  that  way,  or  whether  it  bf 
destroyed  through  neecssity  by  the  authority  of  the  commanding 
officer?  If  the  officer  was  justified  in  destroying  it  there  must 
h.ave  been  a  strong  probability  that  it  would  fall  into  tho 
hands  of  the  Indians.  If  this  be  admitted,  what  has  the 
claimant  lost  ?  He  is  in  no  worse  condition  in  relation  to 
his  property  than  if  it  had  been  destroyed  by  the  Indians. — 
The  Committee  of  Claims  have  never  admitted  any  claim  for  the 
loss  of  property,  unless  it  were  upon  the  ground  that  its  loss  arose 
from  being  applied  to  the  public  service,  as  where  property  is  or- 
cupicd  lor  military  purposes.  Inasmuch  .as  the  properly  was  ex- 
posed to  destruction  in  these  cases  by  the  occupancy  of  the  go- 
vernment, the  government  is  liable.  This  however  is  not  the  fact 
here.  That  is  simply  a  case  where  by  reason  of  inability  on  th". 
part  of  the  government  to  protect  a  jiost,  the  property  is  lost,  and 
it  raises  this  simple  question,  whether  in  case  of  war,  if  th»  means 
of  the  government  is  insufiicicnl,  and  loss  of  property  is  thorebv 
occasioned,  it  is  to  be  compared  to  the  case  of  tho  government 
taking  the  property  and  converting  it.  The  cases  appear  to  me 
to  be  very  ditlerent. 

Mr.  YULEE. — It  is  evident  that  the  honorable  Senator  is  un- 
der a  misapprehension  in  regard  to  what  has  been  the  former  le- 
gislation of  Congress  in  reference  to  such  cases  as  the  present. 
This  is  a  case  of  peculiar  hardship,  and  after  examination  I  am 
sure  that  the  Senate  will  not  refuse  to  concur  in  the  report  of  the 
coumiittee.  Mr.  Yulee  proceeded  to  set  forth  ibe  facts  of  the 
case,  and  made  a  strong  appeal  to  the  Senate,  in  view  of  tlio.se 
filets  on  behalf  of  the  elaiiuant  and  in  favor  of  the  allowance  of 
the  claim. 

Mr.  BADGER. — I  have  heard  with  a  great  deal  of  satisfaction 
the  statement  of  the  honorable  .Senator,  but  I  perceive  that  we  are 
not  likely  to  arrive  at  a  teruiination  of  this  debate,  and  with  the 
view  of  disposing  of  other  business  about  w'liich  there  may  not  be 
so  much  controversy,  I  move  that  the   bill  bo  laid  upon  the  table. 

The  motion  was    agreed  to,  upon  a  divison.     Ayes  21,  Noes  9 

So  the  bill  was  laid  on  the  table. 

The  .Senate  proceeded  to  consider,  as  in  Committee  of  th« 
Whole,  the  bill  directing  the  Secretary  of  the  Navy  to  purchase 
from  Dr.  James  P.  Espy  his  patent  right  for  the  conical  ventilator, 
aiul  no  amendment  being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  the  bill  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  lime. 

li'^-'jtrcd.  Thattliis  bill  pass,  and  that  the  title  Iher.-of  bea.s  aforesaid. 

Ordered,  That  the  Secretary  reipiest  the  concurrence  of  the 
House  of  Representatives  in  said  bill. 

The  bill  for  the  relief  of  John  Millikin  and  others,  to  secure  cer- 
tain rights  to  pre-emption  in  the  Staie  of  Louisiana,  and  for  other 
purposes,  was  retid  the  second  time,  and  considered  as  in  Com- 
luitlcc  of  the  Whole  ;  and 

On  motion  by  Mr.  BADGER,  it  was 

Ordered,  That  it  be  referred  to  tho  Coniinittce on  the  Judiciary. 

The  bill  to  allow  arrearages  of  pension  to  Hugh  W.  Dobbin, 
an  officer  in  the  late  war,  was  read  the  second  time,  and  consider- 
ed as  in  committee  of  the  Whole- 


730 


THE  PRIVATE  CALENDAR. 


fFaiDAY, 


Mr.  FELCH. — I  wnnld  rpmarl<  !n  regnnl  to  the  merits  of  this 
case,  tliat  Cdl.  Dnhhin  entered  the  army  in  the  last  war  as  a  vol. 
unteer  ;  and  that  he  perl'ormod  hi<rhlv  meritorious  services  on  the 
Canada  rroniier.  He  was  wounded  and  his  health  was  greatly  in- 
jured. He  had  two  sons  also  in  the  army  who  acquitted  lliem- 
selves  well.  It  is  on  account  of  the  pectiliaidy  meritorious  scrvi* 
ees  of  this  ofTifer  that  the  eommitlee  selected  this  case  in  which  to 
report  a  bill,  in  order  to  have  the  sense  of  the  Senate  upon  it,  that 
the  committee  might  be  directed  ia  their  actiou  upon  bills  of  a  si- 
milar kind. 

Mr.  HALE. — May  I  ask  ifthe  action  of  the  government  in  ca. 
SOS  of  this  sort  has  not  hitherto  been  uiiiform  ? 

Mr.  FEI.CH. — It  appears  by  referenco  to  the  past  action  of 
Cimijrets  that  in  the  years  '35-'36,  bills  were  passed  giving  ar- 
rearages ot  jtcnsions  in  cases  similar  to  that  now  belore  the  Senate. 
It  appears  also  that  there  are  cases  in  which  the  application  has 
been  re^llse^  There  is,  therefore,  no  established  rule.  And  the 
cases  being  numerous,  the  comniitiee  thought  it  desirable  that  there 
should  be  some  settled  and  uniform  practice. 

Mr.  HALE  — I  would  also  ask  whether,  in  the  case  of  a  pen. 
sion  to  a  wounded  soldier,  the  law  is  not  imperative  that  the  pen- 
sion shall  commence  at  tlio  time  of  the  passage  of  the  act  ? 

Mr.  FELCH.— Undoubtedly. 

Mr.  HALE. — I  make  this  inquiry  because  I  had  charge  of  a 
petition  and  presented  it  to  the  House  a  few  years  ago,  praying 
for  arrears  id  a  pension,  and  the  committee  reported  that  the  prac- 
tice of  the  government  had  been  unilorm  against  the  allowance  of 
arrear>".2cs,  and  that  no  pension  could  be  allowed  until  after  the 
time  when  the  evidence  in  the  case  was  completed. 

Mr.  PHELPS. — I  really  desire  that  the  Senate  .should  consider 
this  matter,  wiih  the  view  of  removing  the  perplexity  which  ari- 
ses  from  opposite  courses  of  action  in  regard  to  cases  that  are  sim- 
ilar. I  remember  many  applications  lor  arrearages  of  pensions 
which  have  been  refused,  imd  I  remember  also  that  in  1842  we 
granted  a  pension  to  an  individual,  and  two  years  afterwards  we 
gave  him  arrearages.  It  is  to  be  borne  in  mind  that  in  these  cases 
the  pension  is  a  mere  gratuity — it  is  a  matter  of  generosity,  and 
Congress  inaj-,  tlieiefnie,  direct  the  pension  to  commence  at  any 
period,  without  relercnce  to  the  practice  ol  the  department,  found- 
ed  upon  the  construction  of  the  pension  law.  But  in  this  case, 
and  in  the  case  of  all  officers  wounded  in  the  late  war,  the  very 
law  under  which  the  troops  were  raised, entitled  them  to  pensions. 
And  the  argument  insisted  upon  is,  that  by  the  terms  of  their  en- 
listment a  right  to  the  pension  is  secured  to  them,  and  they  say 
with  gicat  force  that  the  momedt  they  are  wounded  the  rieht  he- 
comes  a  I'csied  right.  Well,  ifthe  party  is  entitled  to  tiie  jUMision 
upon  tlie  ground  1  have  sumesied,  there  is  no  principle  which  will 
justil'v  the  government  in  delaying  or  suspending  it.  iidtil  alter  the 
proditetion  ol  the  evidence.  In  all  cases  of  legal  right  the  right 
i<!  pcMlccted  without  waiiins  for  the  production  of  testimony. — • 
Without  expressing  any  opinion  in  regard  to  tlic  meritsof  llio  ease, 
J  will  say  that  there  is  a  degree  of  plausibility  in  the  arL'uments 
that  were  adduced  before  the  committee,  and  ii  I  were  driven  tea 
vote  wiihout  further  rcneclion,  I  would  adopt  that  view  and  say 
that  the  government  w.is  bound  lo  recognize  the  right. 

Mr.  HALE. — If  the  principle  suggested  by  the  Senator  from 
Michigan  be  .-u^opted  it  will  open  a  very  wide  field  for  legislation. 

[Mr.  H.  read  from  the  report  made  in  the  House  of  Represen- 
lives  in  the  case  to  which  he  before  rciened,  being  the  case  of  a 
soldier  who  had  been  discharged  from  ihe  service  in  1812  disabled, 
and  who  did  not  get  his  jiensiou  until  1S3S.  In  this  case  arreara- 
ges were  refused.] 

If  we  are  going  to  depart  from  the  principle  now,  it  ought  to  be 
by  a  general  law. 

Mr.  ATCHISON. — For  the  purpose  of  testing  the  question,  I 
move  that  the  bill  be  recommitted  with  instructions  to  ti;e  commit- 
tee to  report  against  the  bill. 

Mr.  DICKINSON. — I  hope  that  will  not  be  done.  I  hope  that 
this  case  will  be  decided  upon  its  merits.  That  will  not  prevent 
the  committee  from  bringing  in  a  general  bill. 

Mr.  HALE. — In  order  lo  test  the  question  I  will  move  that  the 
bill  be  laid  upon  the  table. 

The  motion  was  withdrawn,  however,  at  the  request  of 

.Mr.  JOHNSON,  of  Louisiana,  who  remarked,  that  the  olTi- 
CCrs  wh"  cnicied  the  volunteer  service  in  the  last  war  en'ered  it 
iiniler  an  implied  lontrael,  that  in  case  of  bring  wounded  they 
would  ricei\e  pensions.  There  was  a  good  deal  of  difliculiy  e.\- 
pcrithccd  in  filling  up  the  army,  and  strong  indiiceinenls  were 
hehl  out  for  nn-n  to  enlist,  and  this  gu.iraiitee  ol  a  pension  was 
one  of  ilio>e  induicinents.  The  rules  ol  the  dcparimenl,  con:inuc(i 
Mr  Johnson,  am  \cry  ri'^id.  Too  much  so  I  think  They  re- 
quire thill  a  pariiii.hir  kind  of  testimony  shall  be  iiddmcd  before  the 
pension  sbiill  takucfTect,  and  that  evidence  is  sometimes  ditlieult 
t»  be  procured. 

Mr.  DAVIS,  of  Mississippi. — f   think  llint  if  ndditionnl    proof 
Tie  wMulcd.  it  has  been  rnrnished  in  this  dcbaio.  that  there  ought 
'  encral  bill  to  cover  cases  of  this  dcseiip''  "      ""' 


ta 


to  b 


lion.     Till 


.w     .-...,_....  v..  «. ..    - ~        -    -        ...    ^...   .  , ^    .....    vt.     .^ 

was  presented  lor  the  purpose  ol  testing  the  inin'ciple,  and  I  will 


state  frankly  that  it  was  presented  because  it  was  the  strongest 
Ci-i:  which  the  committee  had  belore  them,  amongst  a  very  larga 
number;  ai  d  there  are,  no  doubt,  numerous  other  cases  that  will 
ciiiTie  in;  and  if  the  principle  of  allowing  arrearages  is  to  be  allowed 
in  this  ca^e,  1  give  notice  that  I  will  vote  for  it  in  all  other  cases. 
Our  pension  svstem,  as  it  is  now  extending  itself,  must  become  a 
great  bui-di  n  upon  the  treasury.  There  was  a  time,  at  an  early 
p -nod  of  this  republic,  when  men  entered  the  service  prompted  by 
pride  and  patriotism.  Men  who  are  in  the  possession  of  large  es- 
tates are  not  the  proper  recipients  of  pensions.  We  shall  in  a 
short  time  build  up  a  pensioned  aristocracy — pensions  ceasing  to 
be  ihj  bounty  ofthe  go\enment,  as  they  were  origidally  designed, 
to  those  who  had  suffered  in  the  service  and  were  in  indigent  cir* 
cuinstances.  I  shall  vote  for  the  recommitment,  in  order  that 
there  may  be  a  general  law  prepared,  and  I  hope  the  committee 
will  attach  a  provision  that  liclVire  a  pension  shall  bo  granted,  in- 
digence shall  be  clearly  established. 

Mr.  NILES  desired  that  the  general  measure  should  be  reported, 
in  order  that  the  subject  might  be  examined  and  disposed  of  one 
way  or  the  other.  The  regulations  respecting  pen.iions  for  the 
army  are  much  less  favorable  than  for  the  navy.  He  could  see 
no  reason  for  any  such  distinction;  there  ought  to  be  nniformiiy. 
With  regard  to  eases  like  the  present,  they  certainly  could  not  be 
very  numerous,  as  tllo^e  who  were  engaged  in  the  war  of  1S12 
were  now  far  advanced  in  age,  and  there  was  the  greater  neces- 
sity iheiefore  fordoing  something  for  them.  His  gallant  friend 
from  Mississippi  did  not  seem  so  kindly  disposed  towards  those 
who  had  served  and  been  disabled  in  the  ariuy,  as  he  would  have 
expected  him  to  be.  The  Senator,  (continued  Mr.  Niles,)  says 
that  he  would  never  grant  a  pension  until  he  had  inquired  whether 
these  men  were  indigent  or  not.  Indigent!  Who  wants  to  inquire 
into  a  matter  of  that  kind  ?  Was  there  ever  a  soldier  that  was 
not  indigent — I  might  almost  say  an  officer?  Sir,  they  are  all  in- 
digent. And  the  pensions  that  you  now  give  them  should  take 
effect  from  the  time  the  right  accrued,  if  you  would  do  equal  and 
common  justice  to  all. 

Mr.  WESTCOTT.— I  am  so  unf'ortunate  as  to  diffir  with  al- 
most  every  gentleman  in  regard  to  this  suhject.  I  think  the  pre- 
sent system  is  precisely  the  correct  one  I  shall  vote  in  this  case 
for  the  allowance  of  the  pension,  because  I  believe  that  the  appli- 
cant was  a  very  meritorious  officer;  but  I  cannot  vote  for  a  gene- 
ral law  for  granting  arrearages  in  all  cases,  because  yoa  cannot 
make  a  law  that  will  apply  equally  to  all  cases. 

Mr.  H.\.LE  renewed  his  motion  to   lay  the  bill  upon  the  table. 

The  motion  was  agreed  to  upon  a  division.    Ayes  22,  Noes  7. 

So  the  bill  was  laid  on  the  table. 

The  bill  for  the  relief  of  James  F.  Sothoron  was  read  the  second 
time,  and  considered  as  in  Committee  of  the  Whole  ;  and  no 
amendment  having  been  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time.,  by  unanimous  consent. 

Resolved,  That  this  bill  jiais,  and  tliat  the  title  thereof  be  as  aforeEaltl. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

The  bill  lor  the  relief  of  the  heirs  and  legal  representatives  of 
William  Grayson  was  read  the  second  time,  and  considered  as  in 
Committee  of  the  Whole  ;  and 

On  motion  by  Mr.  BADGER,  it  was 
Ordered,  That  it  lie  on  the  table. 

The  Senate  proceeded  to  consider,  as  in  committee  of  the  Whole, 
the  following  House  bills  ; 

An  atl  for  the  relief  of  George  Newton. 
An  act  for  tlie  -elief  of  Russei  t^oss. 
An  act  for  the  relief  of  Jesse  Youn^. 

Ordered,  That  Ihey  lie  on  the  table. 

The  bill  for  the  relief  of  David  N.  Smith  was  read  the  second 
time,  and  considered  as  in  Committee  of  the  Whole  ;  and  no 
amendment  being  iiiutie,  it  was  reported  to  the  t-enaie. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  w.is  reail  a  third  time  by  unanimous  consent. 

Resolved,  That  this  bill  pas.-,  and  that  the  title  thereof  be  us  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  ol  Represenialivcs  therein. 

The  bill  for  the  relief  of  John  Caldwell,  was  read  the  second 
time  ai.d  considered  as  in  Committee  of  the  Whole  ;  and 

On  motion  by  Mr.  FELCH,  it  was 

Ordered,  Thai  it  lie  on  the  table. 

The  bill  for  the  relief  of  John  P.  Baldwin,  owner  ofthe  .'Spanish 
brig  Gil  Bias,  was  read  the  second  time  and  considered  as  in  Com- 
mitico  ofthe  Whole  ;  and 

On  motion  by  Mr.  UNDERWOOD,  it  was 

Ordered,  That  it  lio  on  the  table. 


June  16.] 


THE  PRIVATE  CALENDAR. 


731 


The  followinir  bills  were  read  the  second  time,  and  considered  as 
in  Comtnitlee  of  the  Whole  : 

A  bill  granting  a  pension  to  John  Clark. 

A  bill  to  provide  compenjation  to  William  Woo'lbriilfo  onl  Henry  Chipman,  for 
lervices  in  aJjusling  titles  to  lanil  in  Michigan,  and  lor  other  purpoiej. 

A  bill  for  therpliel'ol'the  heira  of  Jean  F.  Perry,  Josiali  Blakoly,  Nicholaj  Jarrot, 
and  Robert  iMorriaon. 

No  amendment  being  made,  said  bills  weie  reported  to  the 
Senate. 

Ordered,  That  they  be  enjrrossed  and  read  a  third  time. 

The  said  bills  were  read  a  third  time  by  tmanimotis  consent. 

Resolved,  That  thesaiil  bills  pass,  and  thai  their  respective  titles  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

The  Seniite  proceeded  to  consider  as  in  Committee  of  the  V/hole, 
the  bill  lor  the  relief  of  Silas  Waterman;  and  no  amendment  being 
made  it  was  reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Resolved.  Tliiit  this  bill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

The  hill  for  the  relief  of  John  Devlin,  was  read  the  second  time 
and  considered  as  in  Commiueeof  the  Whole. 

Mr.  WESTCOTT  remarked  that  when  ihis  bill  was  referred 
to  him  by  the  Committee  on  Chiiins,  ha  was  very  much  opposed 
to  its  allowance.  He  went  to  see  ihe  fifth  auditor  about  it.  The 
auditor  wrote  him  a  letter  which  was  on  tile,  satislactorily  demon- 
strating the  justice  of  ihe  claim.  The  man  had  worked  tliirieen 
months  for  the  United  Slates,  and  as  he  had  no  pay  for  his  labor,  he 
thought  he  should  receive  it. 

Mr.  BADGER  moved  to  lay  the  bill  on  the  table. 

Mr.  NILES  regarded  the  bill  as  invol-in?  an  important  prin. 
ciple  ;  and  as  contrary  t^i  the  express  law  on  the  subject.  It  was 
a  rule  that  where  authority  was  given  to  eniplov  clerks  tempora- 
rily in  any  of  the  departineiits,  the^'head  of  the  department  was  au- 
thorized to  pay  for  such  service  out  of  the  coniingeni  fund  of  that 
depirtment.  It  appeared  in  this  case  that  the  head  of  the  depart- 
ment w  luld  not  pay  for  these  services  out  of  the  contingent  fund. 
It  did  not  appear  even  that  this  person  was  employed  by  the  head 
of  the  bureau  who  had  the  authority  to  do  so  if  his  services  were 
required.  He  remained  more  as  a  volunteer  with  a  view  to  a 
placo  than  any  thing  eUe,  which  was  a  common  practice;  so  much 
so  that  if  a  clerk  were  to  leave  his  situation  one  day,  there  would 
be  a  candidate  for  it  the  next. 

Mr.  WESTCOTT  contended  that  the  person  alluded  to  in  the 
bill  had  been  requesied  by  the  head  of  tiie  liureau  to  assist  in  per- 
forming the  dunes  of  clerks  who  were  necessarily  absent.  In  re- 
curil  to  the  paymeni  of  the  claim  out  of  the  contingent  fund  of  the 
department  in  which  his  services  were  bestovi-cd ,  he  would  say 
that  payment  was  refused  because  of  the  limited  amount  of  the 
fund. 

Mr.  UNDERWOOD  had  went  into  the  commiltee  with  his 
mind  set  against  the  payment  of  all  claims  of  this  character. 
Thou'^anils  of  dollars  were  paid  by  the  government  to  persons 
hired  to  perform  the  duties  of  clerks  receiving  rpgular  salaries  and 
put  in  office  for  four  years.  But  upon  examination  he  had  found 
that  oftentimes  manv  of  these  persons  were  incompetent  to  per- 
form their  allotied  duties,  or  were  sick,  and  it  became  necessary 
to  appoint  some  person  to  discharge  those  dunes  ;  he  was  there- 
fore of  opinion  that  claims' for  services  performed  under  such  cir- 
cumstances shoidd  be  paid.  It  was  impossible  to  prevent  their  oc- 
currence. 

Mr.  NILES  could  not  sanction  any  such  course  as  this,  in  any 
of  the  departments.  If  any  new  and  unexpeclcd  business  arose 
in  anv  of  the  departments,  as  was  the  case  this  winter  with  the 
Land  Bounty  and  Pension  Office,  tlie  head  of  that  bureau  with  the 
concurrence  of  the  head  of  the  department,  might  employ  a  lar. 
ger  number  of  cleiks.     But  in  the  ordinary  business  of  a  depart- 


ment  the  contingent  fund  of  that  department  was  the   proper 
source  from  which  the  claim  should  be  liquidated. 

Mr.  CALHOUN  lirieflv  expressed  his  concurrence  with  the 
views  already  presented  in  opp">iiion  to  the  principle  attempted 
to  be  established  by  the  passyge  of  this  bill. 

No  amendment  being  made,  the  bill  was  reported  to  the  Senate. 

On  the  question — "shall  this  bill  be  engrossed  and  read  a  third 
time  ?"  It  was  determined  in  tht-  negative. 

On  motion  by  Mr.  CLAYTON,  it  was 

Ordered,  That  the  Committee  on  Territories  be  discharged 
from  the  further  considfration  of  the  amendments  of  the  House  of 
Representatives  to  the  bill  for  the  lelief  of  William  B.  Slaughter, 
late  Secretary  of  the  Territory  of  Wisconson. 

The  Senate  proceeded  to  consider  said  amendments  ;  and  it  was 
Resolved,  That  they  concur  therein. 

Ordered.  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  for  the  relief  of  Phineas  Capen,  administrator  of 
John  Cox,  deceased,  of  Boston. 

Mr.  WESTCOTT  —The  facts  are,  a  sailor  enlisted  in  the  naval 
service  at  Bosion.     He  sailed  in  a  pulilic  ship,  which  returned  to 
New  York.  He  died  abroad.  One  ol' his  ship-mates  took  o  t  letters 
of  ad  ministration,  in  regular  form,  from  llie  surrogale  of  New  Y"vk» 
and  drew  from  the  depaitment  the  deecased';^  arrears  of  pay,  about 
S-IUO.     Since  then  the  sailor's  nlatives  in  Boston  got  Iciicis  mere, 
and  demanded  the  same  arrears.  Having  been  once  paid  lo  a  rcg. 
ular    administrator,  the   department   refuses      It    is   alleged   the 
New  York  letters  are  void — that  the  surrogate  had  no  jurisdiction, 
as  the  deceased's  domicile  was  Bosion — ;is  he  had  no  estate  in  New 
York,  owed  no  debts  there,  and  ihai  the  letters  were  obtained  by 
fi-aud,  the  aduiinisirator  falsely  slating  ho  was  the  dpceased's  bic- 
ther,  and  assuming  his  surname,  (dx  )  and  L'iving  insolvent  sure- 
ties, one  a  negro.     The  proofs  of  thess  allcL'ations  are   ex  parte 
aifidavils  of  claimant's  aiiorney,  ami  heirs,  and  others  of  hearsays 
and  reports,  and  are  wholly  unsatisfaetoiy.     It   is  not   pretended 
that  any  attempt  has  been  'made  to  set  aside  or  revoke  the  New 
York  letters,  or  that  the  department  had  any  notice  of  the  alleged 
fraud.     It  luiid  the  arrears  upon  letters  of  administration  duly  au. 
thenticated,  and  lair  and  regular  on  their  face.     If  the  allegations^ 
made  he  all  true,  the  claim  now  made  is  not  one  of  leiral  right.  If 
an  individual  debtor  of  ihe  deceased    had  paid  the  New  York  ad. 
ministrator  under  similar  circumstances,  he  would  have  been  dis- 
charged     Nay.  the  New  York  admistraior  could  hiive  sued  him. 
and  coerced  payment  ;  and  before  the  letters   were  revoked  and 
regular  proceedings  had,  he  could   not   have  resisted  payment  by 
showing  the  facts  alleged.     If  Boston  was  in  fact  the  ilomicile,  it 
does  not  render  the  New  York  letters  void,  or  allect  the  ju,  isil.eiion 
of   the  surrogate  of  New  York,     it  only  affceis  the  Uistribution 
of  the  persona!   estate   of  the   deceased.     The  depanment  were 
bound  by  ihe  act  of  Juno,  1S12,  to  rcdgnize  ilicse  leiters.  and  had 
no  right  or   power  to  go  beliind    the   legally  eerlitied   letters,  and 
inquire  as  to  domicile  or  the  sufficiency  of  sureti -s,  or  decide  as  to 
the  imputed   fraud.     It  is  qucsiionahle  if  it  cuuld.  wiih  propriety, 
delay  payment  lill  legal  p.-ocecdiuL's  to  revoke  the  leiicrs  could  be 
had  in  New  York  ;  for,  if  all  the  allegaiions  be  true,  the  leiters  are 
T  iidable  only,  no;  void.  Bonajide  paymems  hy  on  individual  in  such 
case  would   be  a  discharae  ;  and  so  Williams  and  Toler,  and  other 
writers  on  the  law   of  administraiion.  lay  ilown  the  rules,  and  so 
are  the  adjudged  cases  in  England  and  in  this  eonntry.     The  only 
exception  is  when   the   leiters  are   a  shear  nullity  on  account  of 
being  rrranted  by  a  court  that  had  no  jurisdiction  whatever.     Es- 
tablish'the  rule  asked  for.  and  the  departments  will  never  be  safe 
in  makina  payment  to  any  administrator.     Under  the  law  of  l'?22 
it  was  bo~und  to  pay  upon  the  letters  granted  in  the  S.a  es.     Tue 
payment  was  valid      Grant  this  case,  and   thousands  of  petitions 
will  be  sent  here  and   millions  of  dollars  will  bo  asked  for  on  like 
grounds  ;  and  there  is  danger  of  collusion  between  parties   to  de- 
fraud government. 
On  motion, 
The  Senate  then  adjourned. 


732 


THE  PRIVATE  CALENDAR, 


[Saturday, 


SATURDAY,  JUNE  17,  1848. 


CENsn?  OF  1850. 

Mr.  DAYTON,  from  tlic  C'dnuniltec  on  llie  Jmliciaiy,  i<>lioiteil 
a  jiiirii,  ifisoUilioii  in  referenpe  to  tlie  next  census;  wliicii  was  read 
aiui  passed  lo  the  second  reading. 

MESSAGE  FROM  THE  HOUSE. 

Tile  I'lllovvini;  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Caaipbell,  tlieir  Cleric  : 
Mr.  Presirlent  :  Tlte  Ilou^e  of  Repri'seiitntivps  liave  [(a,^^pd  tlie  Ibllou  in^  liills  : 

An  net  liinkitic  appropriations  tor  eertain  fortifications  of  llip  Tnileil  dilates  lV}r  tlie 
year  eluiin;i  tlie  liOtii  Jnne,  ]y4ii. 

An  act  to  provitle  for  applications  for tlie^ronewal  of  patent  ri^lits  in  cerlain  cn^esl 

in  which  they  request  the  concurrence  of  the  Senate. 

THE    PBIV.VTE    CALENDAR. 

The  Senate  resumed,  as  in  Committee  of  iho  Wliole,  the  consid- 
eration of  the  bill  for  the  relief  of  Phincas  Capcn,  le;.^al  administra- 
tor of  John  Cox,  deceased,  of  Boston;  and  uo  amendment  heinn 
made,  it  was  reported  to  the  Senate. 

Mr.  B.VLDWIN  st.ated  that  this  individual  had  owned  real  es- 
tate in  Boston.  He  shipped  on  hoard  a  vessel,  and  died  on  the 
voyage.  There  was  due  him  at  the  time  of  his  death,  the  amount 
specified  in  the  hill,  some  hundreds  of  dollars.  After  the  vessel 
returned,  a  stranger  professing  to  be  the  brother  of  the  deceased, 
applied  to  the  Surrogate  of  New  York,  where  deceased  had  never 
domiciled,  and  there  obtained  letters  ol  .administration,  giving  a 
negro  destitute  of  property  as  a  bond.  Through  these  letters  this 
Cox,  the  pretended  brother,  obtained  the  amount  due  him  at  the 
time  of  his  death. 

The  committee,  after  due  examination,  were  of  opinion  that  the 
letters  were  null  and  void,  that  it  was  a  fraud  upon  the  rightful 
administrators,  and  that  the  administrators  of  the  deceased  were 
entitled  to  the  payment  of  the  claijn. 

Mr.  B.  proceeded  to  advocate  the  payinent  of  the  claim, 
representing  that  the  court  of  New  York  had  no  jurisdiction 
liver  the  property  of  the  deceased,  and  urged  it  as  a  duty  upon  Sen- 
ators, to  inquire  whether  this  was  reallj'  a  case  within  the  juris- 
diction of  New  York;  of  course,  if  it  was  not,  there  was  no  justifi- 
cation for  the-  payment  of  the  claim  already  made  by  the  ofiicer  of 
this  government,  and  the  United  States  were  bound  to  pay  it  over 
again. 

Mr  WKSTCOTT  remarked,  that  in  regard  to  the  jurisdiction 
of  the  New  York  court  to  grant  letters,  he  would  defy  any  lawyer 
to  adduce  a  single  authority  of  any  weight,  showing  thar  domicil 
had  any  thing  to  do  with  it.  Domieil  controlled  the  distribution 
of  personal  estate,  but  it  had  no  other  efl'ect.  Administration  was 
granted  every  d.ay  where  the  deceased  never  had  a  domieil.  As 
to  this  payment  hv  the  department,  he  would  refer  to  the  Supreme 
Coiut  reports  to  show  if  wiiscorrect.  14  Peters',  Rep..  41.  and  to 
Toler,  1^0,  and  to  Allen  vs.  Dundas,  3  Terra  Rep.  12').  The  last 
was  a  case  of  forged  letters. 

Mr.  BADGER  stated  that  they  were  not  forged  letters,  but  let- 
ters obtained  on  a  forged  will. 

Mr.  WF.ST'COTT  was  satisfied.  The  Senator  had  corrected 
him  rightly.  The  suit  was  brought  bv  the  rightful  representative 
against  the  assistant  treasurer  of  the  British  navy,  who  had  paid 
arrears  of  pay  to  a  fraudulent  claimant  under  such  letters.  The 
British  courts  decided  the  payment  was  a  good  discharge,  in 
that  case  the  fraudulent  letters  were  fir.st  set  aside. 

Mr.  CALHOUN  wished  the  .Senator  would  state  the  point  pre- 
cisely, whether  the  letters  on  which  the  department  paid  the 
money  in  this  case  were  thosc>  in  force  and  v.alid.  and  whether 
they  had  since  been  revciked  > 

Mr.  WI':STC0TT  would  inforiii  the  Seniilor  tlial  they  were 
still  m  force  and  valid.  Congress  was  asked  to  set  tliem  asiile,  to 
declare  them  voitl,  in  the  tnosi  loose  anil  i;.r  parti'  afiidavits  of 
fraud,  and  so  forth,  which  a  r'nurt  of  law  or  ciputy  would  not  h.s- 
ten  to  for  a  mmuerit.  |  Mr.  W.  here  read  extracts  from  the  alii- 
davits. 1  He  would  ajiplv  the  same  rules  to  government  that  lie 
would  to  individuals.  If  this  claim  was  allowed,  it  would  be 
fraught  with  danger.  The  departments  would  not  be  safe  in  j»!iy- 
injf  an  administrator  in  any  case.  If  the  United  States  were  liable 
in  this  case,  there  would  be  claims  made  for  large  amounts  paid 
under  similar  circumstances.  The  claimant's  remedy  was  a  suit 
against  the  New  York  admimstnitnr  and  his  sureties,  tind  if  they 
were  insulliciant  by  the  neglect  of  the  New  York  surrogate,  a  suit 
against  him.  Put  this  claim  on  the  ground  of  a  gratuity  merely, 
and  it  would  be  much  stronger  than  as  it  was  now  preferred.  It 
waa  the  only  ground  on  which  it  could,  in  his  judgment,  be  at  all 
sustained. 


Mr.  WESTCOTT   moved  to  lay  the  bill  on  the  talde,  and  the 
question  being  taken,  resulted  as  follows : 


Ayes 

N  DCS 

So  the  motion  was  negatived. 


IG 

n 


Mr.  BRADBURY  urged  the  justice  of  the  claim,  and  hoped 
that  Congress  would  not  shelter  itself  behind  judicial  decisions  to 
avoid  the  payment  of  it.  The  objection  urged  by  the  Senator  from 
Florida  might  be  a  bar  to  the  payment  in  a  court  of  law,  but  the 
appeal  was  here  made  to  tlie  equity  and  sense  of  justice  of  Con- 
gress. Tlie  deceased  sailtu-  liad  faithfully  served  his  country,  and 
earned  the  amount  claimed.  He  liad  died  in  the  service,  and  his 
relations  by  law  entitled  to  administer  on  his  estate,  had,  on  infor- 
mation of  his  decease,  taken  out  letters  of  administration  and  de- 
manded payment  of  the  govermnen  of  the  wages  laithfullv  earned. 
They  had  done  this  promptly.  They  had  been  guilty  of  no  ne- 
glect. And  in  such  a  case  Congress  should  not  shelter  itself  behind 
a  technical  rule,  to  defeat  the  claims  of  justice. 

Mr.  MASON  dissented  from  the  report  of  the  committee.  It 
might  lie  true  that  the  court  that  granted  the  letters  was  imposed 
upon,  but  llie  fraud  should  not  operate  on  the  government.  The 
money  had  been  jiaid  at  the  department,  and  as  a  matter  of  law 
and  necessary  policy,  ought  not  to  be  paid  again. 

Mr.  BUTLER  was  of  opinion  that  the  payment  in  this  matter 
was  made  in  good  faith,  and,  under  the  act  ol  1812,  was  legal  and 
proper.  The  claim  might  be  allowed  as  a  gratuity,  on  the  prin. 
ciple  on  which  pensions  were  granted,  but  not  by  law.  The  pay- 
ment was  good  in  law. 

Mr.  UNDERWOOD  tlioiight  the  United  States  could  not  clear 
themselves  of  this  or  any  other  similar  claim  until  they  had  paid 
the  proper  person.  The  case  had  been  settled  before.  [Mr.  U. 
here  ciicd  the  precedent.  ]  The  question  was  whetlier  the  United 
States  should  sulTer  from  frauds  of  this  character,  or  the  individu- 
als who  claiiTied  justice  at  their  hands  '. 

Mr.  CALHOUN  regarded  the  principle  advanced  in  favor  of 
the  payment  of  this  claim  as  an  unsafe  one.  He  believed  it  would 
leave  the  United  States  if  carried  out,  without  protection  in  the 
payment  by  the  departments  of  similar  claims  in' future.  It  would 
establish  a  dangerous  precedent. 

On  the  question,  "shall  this  bill  pass  to  a  third  reading  '.'' 

It  was  determined  in  the  affirmative.     Ayes  22,  Noes  18. 

The  said  bill  was  read  a  third  time. 

lifKolvrd,  Tliat  this  l)ill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  resolution  relating  to  errors  and  defective  returns  m 
certain  surveys,  plats,  and  field  notes. 

Mr.  FELCH  said,  the  report  in  this  case,  with  the  documents 
nrinted  therewith,  were  long,  and  instead  of  asking  their  reading, 
he  would  recapitulate  briefly  tlie  facts  -stateit,  and  the  relief 
sought  by  tiie  petitioners.  The  bill  proposed  to  pay  to  certain 
purchasers  of  land  in  the  township  of  Salem,  in  Michigan,  dama- 
ges for  ilelieieney  in  the  (piantity  of  land  purchased  by  them,  or 
their  grantees  IVom  the  government.  This  dcficieiu-v  was  owing 
to  the  false  and  fraudulent  surveys  and  returns  made  by  the  sur- 
veyor acting  under  the  government. 

The  original  survey  of  the  township  in  question,  was  made  in 
ISlt),  bv  Joseph  Waupler,  a  deputy  under  Ednin  Tillin,  then  sur- 
veyor general  of  the  district  including  Michigan. 

In  IS42  the  purchasers  memorali/cd  Congress  on  the  subject  of 
tlie  erroneous  siirvevs,  and  the  conse([uent  loss  of  a  portion  of 
their  land.  The  committee  of  the  Senate,  to  whom  the  matter 
was  referred,  conferred  with  the  Commissioner  of  the  General 
Land  Olfice,  and  he  directed  a  re-survey  of  the  township. 

In  accordance  with  this  order,  a  re-survey  was  made  in  1844, 
by  Harvey  Park. 

In  February.  1845,  the  Senate  adopted  a  resolution  calling  on 
the  Secretary  of  llii^  Treasury  for  information  as  to  the  jirogress 
of  the  survey  ordered  by  the  Commissioner  of  the  (General  LaaJ 
Onice. 

In  December,  IS  l.'j,  the  Secretary  of  the  Treasury  made  his  re- 
port, accompanied  by  the  returns  of  the  Commissioner  of  the  Ge- 
neral Land  Ollicc,  and  surveyor  general,  under  whose  charge  the 
rc-survcy  was  made  in  1841. 

In  August,  IS-liJ,  u  joint  resolution  was  jiassed  by  Congress  re- 
quiring  the  Commissioier  of  the  General   Land  Otfice  to  appoint 
.some  suitable  person  to  ascertain  and  report  the  amount  of  dama 
ges  .'■uslained  by  the  purchasers,  or  their  assignees,  by  reason  of 


June  17.] 


THE  PRIVATE  CALENDAR. 


733 


the  false  and  fraudulent  surveys  and  returns  of  the  lands.  This 
resolution  required  the  person  so  appointed  to  visit  the  premises  in 
question,  and  to  make  his  return  from  a  personal  examination. 

In  January,  1H46,  Lucius  Lyon,  the  surveyor  general  of  the  dis- 
trii't  in  which  Michigan  is  situated,  was  appointed,  and  in  Sep- 
temlicr  of  tho  same  year  he  made  his  report. 

The  documents  ahove  mentioned  estahlislied  heyond  controversy 
the  fact,  that  the  returns  of  the  origin.il  surveys  were  false  and 
fraudulent.  The  whole  township  was  found,  on  the  re-survey,  to 
contain  G31-23  acres,  less  land  than  was  reported  as  the  result  of 
the  tirst  survey.  The  whole  township  had  been  sold  to  27^)  pur- 
chasers, of  whom  147  had  received  more  than  the  number  of  acres 
described  in  their  patents.  This  excess  was  :ifNi.l5  acres.  The 
remaining  I2S  purchasers  found  therefore  adcHcicrcy  in  the  lands 
purchase  by  them  of  1013  38  acres  The  purchase  money  for  this 
land  was  received  by  the  government,  while  the  land  was  never  ob- 
tained by  the  purchasers.  Of  the  6U  miles  of  sub-division  lines  in  the 
township  reported  by  the  surveyor  to  have  been  run  and  marked,  ~H 
wore  in  fact  never  rmi,  and  the  lines  of  the  remaining  portion,  al- 
though aclnally  surveyed,  were  grossly  erroneous.  It  was  to  be  ex- 
pected that  surveys  in  a  wilderness  country  would  necessarily  be 
subject  10  errors  of  minor  importance.  The  surveyor  general  had  con- 
sequently, in  bis  report  of  the  damages  sustained  by  the  settlers  on 
those  lands,  deducted  one-fortieth  part  of  the  whole  tract  surveyed 
for  ordinary  errors,  for  which,  in  his  opinion,  no  compensation 
should  be  made.  It  was,  not  however,  of  mere  ordinary  errors  that 
the  petitioners  complained.  It  was  of  the  extraordinary  deficiency  in 
iho  quantity  of  land  purchased  of  tho  government,  and  paid  for  by 
them,  that  they  asked  compensation. 

Tho  purchaser  of  lands  in  a  wilderness  country,  such  as  was  this 
when  these  purchases  were  made,  had  little  means  of  ascertaining 
lines  or  boundaries.  To  run  out  the  lines  by  chain  and  compass  would 
be  impracticable  to  most  persons  making  entries  at  the  land  of- 
llco  ;  to  trace  them  out,  even  when  faithfully  run  by  the  surveyor, 
could  seldom  be  done.  The  chief  reliance  for  the  purchaser  must, 
therefore,  bo  bad  tirst  in  his  general  knowledge  of  the  locality  se- 
lected by  him;  and  secondly  and  chiclly,  in  the  plots  and  Ucld  notes 
at  the  land  oflice.  He  had  a  right  to  inspect  these  for  informa- 
tion, and  to  presume  they  were  correct,  and  relying  upon  the  rep- 
resentations there  found,  he  made  his  purchase.  It  was  no  fault  of 
his  if,  through  their  misrepresentation,  ho  was  deceived.  The  go- 
vernment representinsi  them  to  be  correct,  was  the  vender,  and 
should  see  toil  that  no  false  representations  were  made  to  the 
purchaser.  The  case  provided  for  by  the  bill  under  consideration 
was  a  ca6e  of  that  description.  Tho  frauds  of  the  ilcputy  sur- 
veyor, the  agent  of  the  government,  had  supplied  false  ))lats  to  the 
utfice,  misrepresenting  both  the  boundaries  and  the  (piantily  of  the 
land  purchased,  and  Veferring  to  lines  as  run  and  marked  which 
had  never  been  surveyed.  The  purchasers  had  jjaid  their  money 
on  the  faith  of  tho  representations  of  the  government.  The  bill 
provided  for  compensation  to  each  purchaser  or  his  assignee,  ac- 
cording to  the  resolution  under  which  the  report  of  damages  was 
made  by  Mr.  Lyon. 

The  re-survey  by  the  government  in  1844,  made  very  material 
changes  in  the  boundaries  of  these  different  tracts  of  land.  In 
some  instances  improvements  were  transferred  to  the  occupant  of 
the  adjoining  farm,  and  the  whole  arrangement  of  the  premises 
were,  in  some  instances,  disarranged.  Farms  had  been  transferred 
from  the  original  purchasers  from  the  government  to  others;  and  the 
present  owners,  purchased  at  comparatively  high  prices.  These 
purchasers  also  were  misled  by  the  fraudulent  returns,  and  were, 
by  the  re-survey,  deprived  of  portions  of  the  premises  for  which 
they  had  paid.  The  estimate  of  damages,  as  reported  by  Mr.  Ly- 
on, was  based  upon  the  actual  value  of  the  premises  of  which  they 
had  been  deprived  in  consequence  of  the  errors  and  IVauds  above 
mentioned.  The  value  of  the  lands  was  estimated  at  its  actual 
worth  at  the  time  of  the  personal  examination  by  Mr.  Lyon,  re- 
jecting the  value  of  the  im|)rovements,  and  supposing  the  land  to 
be  in  "an  uncultivated  state.  The  compensation  provided  by  the 
bill  was,  therefore,  a  mere  act  of  justice. 

Mr.  NILES  enquired  of  the  Senator  from  Michigan  what  was 
the  amount  of  damages  as  reported  by  the  surveyor  general,  and 
Ht  what  rate  per  acre  for  the  deficient  land? 

Mr.  FELCH  replied  that  the  total  amount  of  damages  allowed, 
according  to  Mr.   Lyon's  report,  was  $10,U4.S  72,  and   the   total 


number  of  acres  deficient  was  1,013-38.  The  estimate  of  Mr. 
Lyon  also  included  a  small  sum  to  some  six  individual  owners  for 
money  paid  out  in  ascertaining  tho  defects,  and  other  matters  inci- 
dental to  the  defective  survey  and  returns. 

Mr.  NILES  objected  to  the  payment  of  any  thing  more  than 
the  amount  paid  by  the  purchasers  into  the  Treasury  for  the  defi- 
cient land.  Ho  said  the  case  of  the  applicants  was  certainly  a 
case  of  merit,  but  the  government  bad  never,  to  his  knowledge, 
done  more  in  such  cases  than  to  restore  to  the  purchaser  bis  money. 
This  was  the  only  rule  which  could,  with  safety  to  the  Treasury, 
be  applied.  He  was  willing  to  grant  that  in  the  case  of  these  set- 
tlers, but  nothing  more. 

Mr.  FELCH  replied  that  tins  would  be  no  adequate  compensa- 
tion to  the  owner,  a  portion  of  whose  land  was  cut  olf  by  the  re-sur- 
vey,and  especially  to  those  who  purcliasetl  from  the  original  owners 
at  a  high  price,  and  who  trusted  as  much  as  the  first  purchaser  to  the 
returns  and  plats  made  bv  the  government.  The  damages  ascer- 
tained by  the  commissioner  in  accordance  with  the  resohiticjii  of 
Congress,  gave  only  the  amount  of  damages  a<'tually  sustained  by 
the  owners  of  the  land,  and  this  bill  was  in  accordance  with  that 
resolution  and  the  return  under  it. 

On  motion  by  Mr.  NILES,  it  was 

Ordered,  That  the  bill  lie  on  the  table. 

The  Senate  proceeded  to  consider,  as  in  Committe  of  the 
Whole,  the  bill  for  the  relief  of  the  legal  representatives  of  Fran- 
cis Cazeau,  late  merchant  at  Montreal ;  and, 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered.  That  it  lie  on  the  table. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  following  bills. 

An  act  for  the  relief  of  the  lej,'al  lii^irs  of  .lolin  Snyder,  dereasetl. 
An  act  for  the  relief  of  the  legal  re|iresentatives  of  James  nrowii,  deceased, 
and  no  amendment  being  made,  they  were  reported  to  the  Senate. 

Ordered,  That  they  pass  to  a  third  reading. 

The  said  bills  were  read  a  third  time. 
Rtsolred,  Thai  tliey  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

The  following  bills  were  read  the  second  lime  and  considered  as 
in  Committee  of  the  Whole  : 

A  hill  authorizing  ttie  sale  of  a  part  of  ],ublic  reservation  unnihercil  lliitlecii  in  Ihe 
City  of  Waslunglon  and  for  other  |)ur[iuiies, 

A  hill  for  the  relief  of  J.  \V.  Nye,  as-signceof  P.  Rar-jy.  anil  II.  Stewart. 

and  no  amendment  being  made,  they  were  reported  to  the  Senate. 

Ordered.  That  they  be  engrossed  and  read  a  third  time. 

The  said  bills  were  read  a  third  time. 

Rcsolvfil,  That  they  pass,  and  that  the  titles  thereof  he  as  aforesaid. 

Orrfercrf,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

Mr.  DICKINSON  moved  that  the  Senate  reconsider  the  vote 
of  yesterday,  on  jiassing  to  a  third  reading  tht*  bill  for  the  relief 
of  John  Devlin  ;  and  it  was 

Ordered,  That  this  motion  lie  on  the  table. 

On  motion  by  Mr.  CAMERON,  it  was 

Ordered,  That  the  Committee  on  printing  be  discharged  from 
the  further  consideration  of  the  resolution  defining  the  reports  to 
be  annually  made  to  Congress  by  tho  heads  of  the  several  Execu- 
tive departments,  and  requiring  the  same  to  be  jnepared  imiuedi- 
atelv  after  the  close  of  each  fiscal  year,  and  Ibrthwith  coininnm. 
eaied  for  publication  ;  and  that  it  be  referred  to  the  Committee  on 
Finance. 

After  the  consideration  of  Executive  business, 

Tho  Senate  adjourned. 


134 


PETITIONS— RESOLUTIONS,  ETC. 


[Monday, 


MONDAY,  JUNE  19,  1848. 


MEMORIAL  OF  THE  CHICAGO   CONVENTION. 

Mr.  WEBSTER  presented  a  mfimonal  of  a  convention  ol'  dele- 
gates from  the  ililferent  parts  of  the  Union  assembled  at  Chicago, 
flllnois,  in  favor  of  the  improvement  of  harbors  and  rivers  by  the 
general  government. 

Mr.  WEBSTER.— It  is  known  to  the  Senate  that  in  the  convse 
of  last  year  a  large  convention  was  hoiilen  at  Chicago,  in  the  State 
ol  Illinois,  to  take  into  consideration  the  subject  of  improvements 
of  the  riveis  and  harbors  in  the  country,  and  especially  in  the 
West.  That  convention  adopted  certain  resolutions  expressive  of 
their  opinions  and  sentimonis,  and  directed  that  a  committee  bo 
appointed  lo  address  a  memorial  lo  the  two  houses  of  Congress. 
That  oominittee,  in  the  pcrl'ormance  of  its  duty,  has  prepared  a 
memorial,  and  placed  it  in  ray  hands  to  be  presented  to  the  Senate. 
I  can  only  say  that  it  is  a  very  respectful  paper,  and  in  my  judg- 
ment, an  able  paper.  It  brings  lo  the  consideration  of  the  two 
houses  of  Congress  an  iraporiant  subject,  about  wiiioh  there  is 
known  to  be  a'^ood  deal  of  diversilv  of  opinion.  In  presentirijr 
this  memorial,  1  have  thought  it  my  duty  to  look  to  an  analogous 
case  for  a  precedent  to  direct  me  as  to  the  motion  which  I  should 
address  to  the  Senate.  That  case  is,  the  course  that  was  pursued 
upon  the  presentment  hero,  in  1846,  of  the  proceedings  of  the 
Memphis  convention  upon  the  same  subject.  That,  also,  was  a 
very  important  paper,  and  one  that  was  generally  read,  and  al- 
though probablv  this  which  1  now  present,  lakes  a  diHerent  view 
in  some  respects,  they  are  both  ably  drawn,  argumentaiive  pa- 
pers. When  the  Memphis  memorial  came  to  the  Senate,  it  was 
presented  to  its  consideration  by  the  honorable  Senator  from  South 
Carolina,  who  moved  that  it  be  referred  to  a  select  committee 
consisting  of  five  members,  to  be  appointed  by  the  Vice  President. 
Follov,-in'T  that  precedent,  I  now  move  that  the  memorial  be  prim- 
ed for  the  use  of  the  Senate,  and  that  it  bo  referred  to  a  commit- 
lee  of  live  members,  to  be  appointed  by  the  chair. 

Ordered,  That  it  be  referred  to  a  select  committee  consisting  of 
live  members,  to  be  be  appointed  by  the  Vice  President;  and 

Mr.  Webster,  Mr.  Davis,  of  Mississippi,  Mr.  Breese,  Mr. 
Johnson,  of  Maryland,  and  Mr.  Borland,  were  appointed  the 
committee. 

Ordered,  That  that  the  memorial  be  printed. 

Mr.  WEBSTER  gave  notice,  that  in  pursuance  of  the  course 
taken  in  the  case  of  the  Memphis  memorial,  he  would  probably  at 
some  time  hereafter,  move  the  Senate  lo  print  the  same  number  of 
copies  of  this  memorial  that  were  printed  in  the  former  case. 

PETITIONS, 

Mr.  HALE  presented  a  petition  of  citizens  of  Rosendale,  Wis- 
consin, remonstrating  against  the  appropriation  of  any  portion  of 
ihe  public  lands  to  the  construction  of  a  railroad  from  Lake  Mich- 
igan to  the  Pacifle  ocean;  which  was  referred  to  the  Committee 
on  Public  Lands. 

Mr.  WEBSTER  presented  the  memorial  of  Charles  Colburn, 
praying  compensation  for  his  services  as  yeoman  in  the  naval  ser- 
vice; which  was  read  and  referred  to  the  Committee  on  JNaval 
Affairs. 

Mr.  TURKEY  presented  the  petition  of  Samuel  Ru.sh,  William 
Tyler,  and  George  S.  Gaines,  late  Choctaw  commissioners,  pray- 
in"  to  be  allowed  their  travelling  expenses;  which  was  referred  lo 
the  Committee  on  Indian  Affairs. 

Mr.  STURGEON  presented  a  memorial  of  citizens  of  New 
York,  praving  the  construction  of  a  railroad  between  Philadelphia 
and  New  York,  to  be  used  as  a  post-road  to  facilitate  commercial 
intercourse  and  the  transportaiion  ol"  the  mail  between  those 
places;  which  was  referred  to  the  Committee  on  the  Post  Office 
and  Post  Roads. 

Mr.  LEWIS  presented  the  memorial  of  B.  Marshall  and  others, 
delegaiesof  ihe  Cherokee  nation,  praying  the  final  settlement  of 
the  claims  of  thai  nation  against  the  United  Slates  ;  which  was 
referred  to  the  Comraittoe  on  Indians  Aliairs  and  ordered  to  be 
printed. 

Mr.  WESTCOTT  presented  the  petition  of  Daniel  Morgan  in 
behalf  of  himself  and  the  officers  and  soldicrsof  a  co;npany  of  mount- 
ed Florida  volunteers,  praying  compensation  for  their  services  in 
the  Florida  warj  which  was  referred  lo  the  Commiltee  on  Milita- 
ry Affairs, 

SEATS  OF  MEMBIRS.  ' 

Mr.  DOWNS  sabmitted  the  followiag  resolation  for  coneid- 
eiAiion : 


Resolved.  That  a  member  leaving  the  Senate,  shall  not.  directly  or  indirectly,  a*' 
sign  lii^srnt  to  .inother;  and  lliat  vacant  scats  shall  be  assigned  by  the  President  from 
a  list  kept  Ibr  that  purpose,  and  according  to  the  date  of  the  record  of  their  names. 

OFFICERS  IN  THE  CUSTOM  HOUSE  AT  BALTIMORE. 

Mr.  JOHNSON  of  Maryland,  submitted  the  following  resolu- 
tion for  consideration  : 

Jtesolj^at,  That  the  Secretary  of  the  Treasury  inform  the  Senate  of  the  whole  nom- 
bcrofotScers  now  employed  in  and  about  thecuatom  house  of  the  L'niled  Slairt  io 
the  city  of  Baltimore,  with  the  coinpeiisaiiou  allowed  lo  each;  and  Ihat  he  also  infotm 
tbe.Sentite  what  was  the  number  of  such  otficers  at  the  same  custom  house  on  the  4Ul 
of  March,  1^45,  and  the  compensation  allowed  each. 

I.N'DIAN  CLAIMS. 

Mr.  DAVIS,  of  Mississippi,  by  unanimous  consent,  asked  and 
obtained  leave  to  bring  in  a  resolution,  lo  authorize  the  ad- 
judication of  certain  Indian  claims  under  the  act  of  23d  of  Au- 
gust, 1842;  which  was  read  the  first  and  second  limes  by  unani- 
mous consent,  and  referred  to  the  Committee  on  Indian  Affairs. 

SHAW    .\ND    CORSER. 

Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  to  whom  was  referred  the  amendment  of  the  House  of 
Repiesentatives  to  the  joint  resolution  in  favor  of  David  Jjhaw, 
and  Solomon  T,  Corser,  reported  thereon. 

The  Senate  proceeded  to  consider  the  said  amendment  ;  and  it 
was 

lieaulred,  That  they  concur  therein. 

Ordered,  That  the  Secretary  notify  the  House  of  Beprescnta- 
lives  accordingly. 

MESSAGE  FROM  THE   HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  rresident:  The  Hon^e  of  Representatives  have  passed  a  bill  for  therelief  of  the 
legal  representatives  of  Joshua  Kennedy,  deceased  ;  in  which  they  request  the  con- 
currence of  the  Senate. 

The  IVesident  of  the  United  States  approved  and  signed,  the  Iflh  instant,  the  fol- 
lowing enrolled  bills,  and  enrolled  resolutions  : 

.■\ii  act  to  attach  a  portion  of  the  North  Western  Land  District  of  LoQisana,  to  the 
district  north  of  Red  River,  Louisiana. 

An  actio  amend  an  act  entitled  an  net  to  appropriate  the  proceeds  of  the  sales 
of  the  public  lands  and  lo  grant  pre-emption  rights,  approved  September  4.  lEi41. 

A  joint  resolution  providing  for  payment  of  Texas  mounted  troops  ctilled  into  the 
service  of  the  United  States  under  the  requisition  of  Col.  Curtis,  in  the  year  1847,  aud 
for  other  purposes. 

A  joint  resolution  in  relation  to  the  transportation  and  discharge  of  the  military 
forces  of  ttie  United  States  at  the  close  of  the  war  with  Mexico. 

INDIAN  AFFAIRS. 

Mr.  ATCHISON,  from  the  Committee  on  Indian  Affairs,  to 
■whom  was  referred  the  bill  from  the  House  of  Representatives  for 
the  relief  of  Joseph  Perry,  a  Cboelaw  Indian,  or  his  assignees, 
reported  it  wilhoul  amendment. 

Mr.  ATCHISON,  from  the  same  commiltee,  to  whom  was  re- 
ferred the  bill  to  regulate  trade  and  intercourse  with  the  Indian 
tribes  residing  within  the  limits  of  the  State  of  Texas,  reported 
it  with  an  amendment. 

PRIVATE  bill. 

Mr.  UNDERWOOD,  from  the  Committee  of  Claims,  to  wham 
was  referred  the  bill  for  the  relief  of  Alborne  Allen,  reported  it 
without  amendment. 

GRANT    OF    LAND    TO    MISSOURI. 

Mr.  EREESE,  from  the  Committee  on  Public  Lands,  to  whon 
was  referred  the  bill  granting  to  the  State  of  Missouri,  the  nsht 
of  way  and  a  donation  of  public  lands  for  making  a  railroad  con- 
necting the  town  of  St.  Joaeph,  on  the  Missouri  river,  wiili  the 
town  of  Hannibal,  on  the  Mississippi  river,  reported  it  with  un 
amendment. 

On  motion  by  Mr.  BREESE,  it  was 

Ordered,  That  the  documents  accompanying  the  bill  bo  printed. 

JUDICIAL. 

Mr.  BUTLER,  from  the  Commitee  on  the  Judiciary,  to  whom 
WIS  referred  the  memorial  of  Mary  Ann  W.  Van  Ness,  reported  a 
bill  to  regulate  appeals  from  the  trial  of  issues  in  the  District  of 
Columbia  ;  which  was  read  and  passed  to  the  second  reading. 

Mr.  BUTLER,  from  the  same  committee,  to  whom  was  re- 
ferred the  petition  of  Gaspard  Tochman,  reported  a  bill  to  author- 
ize the  change  of  venue  in  certain  cases ;  wliich  was  read  and 
passed  to  the  second  reading. 


JtJKE   19.] 


NATURALIZATION  LAWS. 


735 


ABVERSE    REPORTS. 

Mr.  WESTCOTT,  from  the  Committoa  of  Claims,  to  whom 
Tfas  referred  the  bill  lor  the  relief  of  Thomas  B.  Graham,  report- 
ed the  tame  without  amendment,  nnd  submitted  an  adverse  report 
on  the  subject  ;  which  was  ordered  to  be  printed. 

Mr.  WESTCOTT,  from  the  same  committee,  to  whom  was 
referred  tho'bill  for  ilio  relief  ofthe  len;al  representatives  of  James 
Portertield.  deceased,  reported  it  without  amendment,  and  sub- 
mitted aa  aiverse  report  on  the  subject  ;  which  was  ordered  to 
be  printed. 

PRIVATE    BILL. 

Mr.  WESTCOTT,  from  the  Committee  on  the  Judiciary,  to 
whom  wiis  relerred  the  bill  for  the  relief  of  Gamnliel  Taylor,  late 
marshal  of  the  State  ol  Indiana,  and  his  securities,  reported  it  with 
an  amendment,  .Tnd  submitted  a  special  report  on  the  subject; 
which  was  order .:d  to  be  printed. 

AMENDMENT    OF    THE    NATURALIZATION    LAWS. 

On  motion  by  Mr.  DICKINSON,  the  prior  orders  were  post- 
poned, and  the  Senate  proceeded  to  consider,  as  in  Committee  of 
the  Whiile,  the  bill  to  amend  the  act  entitled  "  an  act  for  the  re- 
gulation of  seaincn  on  board  the  public  and  private  vessels  of  the 
United  States,  passed  the  3d  of  March,  1813. 

The  bill  havins  been  read  for  information  — 

Mr.  UNDERWOOD.— I  would  like  to  bo  informed  by  the  ho- 
norable Senator  whether,  in  case  an  individual  makes  application 
for  natuva'izaiion,  and  then  leaves  this  country  and  resides  in 
another  for  the  five  years,  or  a  part  thereof,  he  will  be  entitled,  un- 
der this  bill,  to  naturalization. 

Jilr.  DIX. — It  is  a  mere  question  of  residence.  The  12th  sec- 
tion of  the  act  proposed  to  be  amended,  provides  that  the  individ- 
al  applvinj;  for  naturalization  shall  reside  for  the  continued  term 
of  five 'years  within  the  United  States.  It  is  proposed  to  leave 
that  as  it  is-  But  the  bill  goes  further  and  says,  "without  beiiifj 
at  any  time  during  the  five  years  out  of  the  territory  of  the  United 
States."  The  Supreme  Court  of  the  Stale  of  New  York  has  de- 
cilfed,  that  although  an  individual  had  been  for  five  years  a  resi- 
dent of  the  United  Stales,  yet  havinj;  casually  set  his  foot  on  the 
Canada  shore  during  that  time  he  was  not  entitled  to  bo  natural- 
ized. 

Mr.  UNDERWOOD.— 1  am  satisfied.  I  undcr-'land  that  the 
five  years  residence  is  to  he  made  complete  ;  that  if  the  individual 
has  wilhin  the  five  years  been  absent  one  year,  he  must  continue 
one  year  longer  a  resident  of  the  United  States,  so  as  to  make  the 
five  years  complete. 

Mr.  BREESE. — As  the  law  now  stands,  an  individual  may  be 
four  years  and  eleven  months  a  resident  of  this  country,  and  if  he 
then  goes  beyond  its  limits,  he  loses  the  benefits  of  his  four  years 
and  eleven  months  residence. 

Mr.  CALHOUN. — It  seems  to  me  that  some  provision  is  ne- 
cessary to  be  attached  to  this  bill,  to  say  how  long  the  temporary 
absence  may  continue.  There  is  another  bill  now  before  Congress 
on  the  subject  of  naturalization,  and  I  would  suggest  that  this 
bill  be  allowed  to  stand  over,  so  that  we  may  have  the  whole  sub- 
ject before  us  at  once. 

Mr.  DICKINSON,— I  am  unwilling  that  this  bill  shall  be  delayed. 
The  subject  has  been  before  Congress  for  several  sessions  ;  and 
every  one  must  see  that  there  is  a  pressing  necessity  for  the  pas- 
sage of  the  bill.  It  IS  a  mere  question  ol  dimiieil,  and  that  is  a 
qiiesiion  that  we  cannot  regulate  by  legislation  with  any  more  dis- 
tinctness than  it  is  dime  by  the  common  law.  Temporary  ab- 
sence at  present,  whether  voluntary  or  involuntary,  deprives  the 
individual  of  the  benefits  of  our  naturalization  law  ;  whereas,  ac- 
cording to  sound  reason  and  common  sense,  if  the  individual  mani- 
fest tlio  intention  to  piTserve  his  residence  within  the  country  it 
onght  to  be  sudieient.  %Ie  is  required  by  this  bill  in  ease  of  tem- 
porary absence  lo  produce  to  the  court  evidence  of  the  animus  re- 
vcrtendi.  If  that  is  not  sufiieient  protection,  I  do  not  know  what 
would  be  sufficient.  I  hope  that  we  shall  have  the  action  of  the 
Senate  upon  the  bill  now. 

Mr.  WESTCOTT.— When  this  bill  was  reported  by  the  Judi- 
ciary Cominiiiec.  the  session  before  the  last,  and  also  at  this  ses- 
sion, in  conseniing  to  the  report  I  did  not  commit  myself  to  the 
support  of  the  bill.  I  feel  bound  to  vote  against  it  ;  and  I  will 
sta'.e  briefiy  the  reasons.  In  the  first  place,  ihe  naturalization 
law  originally  required  as  an  evidence  of  a  man's  good  feeling  to- 
wards ilia  institutions  of  this  country,  that  he  should  have  resided 
in  the  country,  and  not  have  been  out  of  it  for  ihe  continued  term, 
of  five  years  It  seems  lo  me  that  this  evidence  was  as  little  as 
we  could  recjuire  of  foreigners  who  emigrate  hither  :  although  in 
one  insiance  where  they  come  here  under  IS  years  of  age,  a  con- 
tinued residence  of  three  years  only  is  required.  By  the  bill  upon 
your  table  this  policy  is  done  away.  A  British  or  French  sailor 
can  come  into  this  country  and  petition  for  naturalization,  and  he 
can  be  ont  of  the  country  all  the  time  that  has  been  formerlv  pre- 
scribed as  the  period  of  residence,  and  he  can  nevertheless  be  na- 
turalized. The  only  question  which  is  submitted  to  the  court  when 
he  applies  for  naturalizaiion  is,  had  he  the  intention  to  return? 
Did  lie  iniend  that  his  residence  should  be  in  this  country  in  the 
inierim?  1  object  to  leaving  this  question  of  intention  to  the  judi- 
ciary in  the  loose   manner  in  which   this  bill  provides.     Affidavits 


of  an  ex  parte  character  are  to  be  submitted  to  any  judge,  and 
even  some  of  the  inferior  juilges  are  to  have  jurisdiction  in  cases 
of  naturalization.  It  will  occasion  an  abuse  ofthe  naturalization 
laws.  I  would,  by  a  special  act,  if  there  was  a  case  of  a  volun- 
teer who  had  been  in  Mexico,  who  had  filed  his  petition  for  natu- 
ralization, provide  for  such  case.  But  this  act  was  not  intended 
to  apply  to  such  cases  ;  because  the  bill  was  brought  before  Con- 
gress long  before  the  Mexican  war  commenced.  The  effect  of 
the  bill  will  be  lo  change  the  whole  policy  of  our  naturalization 
laws,  and  I  feel  bound  to  vote  against  it. 

Mr.  BERRIEN.— If  the  bill  which  is  ui^ed  by  the  Senator  frotn 
Now  York  shall  be  passed,  the  l.iw  will  be  this  :  To  entitle  an 
applicant  for  naturalization  to  the  benefit  of  his  petition,  he  must 
have  resided  five  years  continuously  in  the  United  Slates.  That 
will  be  the  law  of  the  land.  If  during  those  five  years,  ho  shall 
have  been  temporarily  absent  from  the  United  States,  then  it  will 
be  a  subject  for  inquiry  by  the  court,  whe  her  that  absence  has 
affected  the  residence  which  he  had  before  a<qiiired.  To  eniitia 
any  person  to  admission  as  a  citizen  of  iho  United  Stales,  under 
the  law  as  it  will  stand  if  this  bill  passes,  he  must,  in  ihe  first  in- 
stance, have  acquired  a  residence  in  the  Unitcu  States,  and  that 
residence  must  continue  for  the  term  of  five  years,  as  .specified  in 
the  law.  If,  then,  I  say,  he  is  absent  from  the  United  Slates 
within  that  time,  the  question  for  the  court  to  determine  will  be, 
whether  that  absence  has  been  such  as  to  destroy  the  residence 
which  he  had  previously  acquired.  If  he  is  absent  temporarily  on 
business,  maintaining  his  residence  wiih  ihe  intention  ol  returning, 
the  term  of  his  absence  will  not  be  abstr.icied  from  the  five  years 
of  residence.  But  as  the  law  now  is,  though  a  man  should  come 
here  and  obtain  what  he  designed  to  be  a  permanent  residence, 
and  shonld  make  his  application  for  admission  as  a  citizen,  and 
should  coniinue  in  contemplation  of  law  and  common  sense,  dur- 
ing the  whole  five  years  a  resident,  yet  if  he  puis  his  foot  across 
the  boundary  of  rhe  United  Slates,  volunlarily  or  involuntarily, 
during  the  five  years,  he  has  to  begin  and  go  over  the  who'e  course 
of  residense  again,  dating  from  tlic  period  when,  after  this  tempo- 
rary absence,  he  returned  to  the  United  States.  Now,  there 
seems  to  be  no  just  reason  for  this.  I  can  see  no  objection  to  in- 
vesting the  court  with  the  right  to  determine  what  is  a  residence 
«nd  what  is  an  abandonment  of  residence.  If  a  man  leave^^o 
United  States  temporarily  with  the  intention  of  returning,  in  the 
meantime  maintaining  his  domioil  here,  I  see  no  reason  why  the 
court  should  not  be  invested  with  the  power  of  determining  iho 
question  as  to  the  aidmiis  revertendi,  as  to  whether  the  residence 
IS  maintaincd'or  abandoned. 

No  amendment  being  made,  the  bill  was  reported  to  Ihe  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time. 

Jiesoh-eii,  Tliat  this  bill  pass,  and  llial  llic  title  thereof  be  as  albrevaid. 
Ordered,  That  the  Secretary  request  the  concurrence   of  the 
House  of  Representatives  therein. 

THE    SUPREME    COURT. 

On  motion  by  Mr.  BADGER,  the  prior  orders  were  postponed, 
and  Ihe  Senate  resumed  the  consideration,  as  in  Committee  ofthe 
Whoie,of  the  bill  to  promote  the  dispatch  of  business  in  ihe  Supremo 
Court,  and  to  repeal  Ihe  2J  section  ofthe  act  approved  June  IT, 
1844,  entitled  "  an  act  concerning  the  Supreme  Court  of  the  Uni- 
ted States:"  and  no  amendment  being  made,  it  was  reported  to 
the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time;  and  it  was 

Ordered  That  the  further  consideration  thereof  be  postponed 
until  to-morrow. 

THE    SOUTHERN    MAIL. 

Mr.  PEARCE  moved  that  Ihe  prior  orders  be  postponed,  and 
that  ihe  ioint  resolution  to  auihorizu  and  require  a  renewal  of  a 
contract  for  carrying  the  mail  be  read  the  second  time  and  consid- 
ered as  in  Committee  of  the  Whole. 

Mr.  ATHERTON  opposed  the  motion.  He  hoped  the  Indian 
appropriation  bill  would  be  taken  up.  It  was  now  nearly  finished, 
and  he  thought  it  would  be  good  policy  to  finish  that  bill  before 
proceeding  with  any  other  business. 

Mr.  DIX.— I  concur  with  the  Senator  from  New  Hampshire  as 
to  the  propriety  of  finishing  the  Indian  appropriation  bill  before 
proceeding  to  any  other  business  that  will  lead  to  debate  ;  but  I 
hope  that7he  honorable  Senator  will  allow  a  bill  iliat  is  now  upon 
tho  table  to  be  taken  up  and  disposed  of.  I  mean  the  bill  relating 
to  the  importation  of  adulterated  drugs  and  medicines. 

Mr.  BERRIEN. — Having  introduced  the  resolution  upon  which 
this  joint  resoluiion  is  founded,  I  hope  the  motion  of  ihe  Senator 
from.Marvland  will  prevail.  The  country  at  large  is  suffering 
very  much  from  the  condition  of  what  is  colled  the  great  northern 
and  southern  mail.  There  is  a  vi'i-y  full  report  made  by  the  com- 
mittee to  whom  the  subject  was  referred  which  will,  I  trust,  with- 
out debate,  satisfy  the  Senate  ofthe  necessity  of  proceeding  in  the 
manner  proposed  liy  the  committee  And  I  do  not  know  a  subject 
that  is  mueh  more  exiaent  at  this  moment  than  of  restoring  that 
state  of  things  that  existed  antecedent  to  tins  interference  in  this 
great  northern  and  sou:hern  mail  line,  and  removing  the  grievanc* 


736 


THE  SOUTHERN  MAIL. 


[Monday, 


under  which  the  pcnple  are  laboiijig.  This  rcsoUition  was  intro- 
duced sonic  months  auii,  Ijnt  Ironi  circumstances  beyond  our  con- 
trol, action  upon  it  has  been  delayed.  A  very  full  report  has  been 
prepared,  and  it  will  present  the  case  to  the  Senate  in  such  a  man- 
ner that  it  may  be  readily  comprehended. 

The  question  being  taken  on  the  motion  to  take  up  the  rcstdu- 
tion,  it  was,  upon  a  division,  decided  in  the  allirmativo.  Ayes  1(1, 
noes  M 

Mr.  UNDERWOOD. — If  this  resolution  passes  it  .seems  tome 
that  it  ought  to  be  amended  by  amhorizinj,'  the  Postmaster  Gene- 
ral to  pay  to  Graham  and  Finncll  such  a  sum  as  will  be  a  proper 
compensation  lor  the  loss  of  their  contract  for  carryin;;  the  ni.-iil  in 
stagecoaches.  The  cITeet  of  the  resolution  will  be  to  interfere 
with  and  put  an  end  lo  that  contract.  Mr.  Graham  has  called  my 
attention  to  this  matter,  and  I  thou;jht  it  my  duty  to  bring  it  to 
the  notice  of  the  Senate.  He  asks  to  be  indemnified  for  any  losses 
they  may  sustain  by  having  their  contract  at  this  early  period  an- 
nulled. I.  therefore,  move  that  the  resolution  be  amended  so  as  to 
authorize  the  Postmaster  General  to  pay  to  Graham  and  Finnell 
such  sum  of  money  as  will  conipensatci  them  for  the  loss  of  their 
contract. 

Mr.  PEAR CK.^It  seems  to  mo  that  the  amendment  is  unne- 
cessary. All  contracts  by  law  in  relation  to  the  dcjiarlmcnt  may 
be  rescinded,  and  upon  being  rescinded  the  Postmaster  General  is 
autliorizcd  to  make  such  allowance  as  is  suitable.  I  know  of  no- 
thing special  in  this  contract  which  should  make  it  an  exception 
to  the  general  rule. 

Mr.  (JNDfZRWOOD.— I  will  state  why  the  amendment  is  per- 
haps necessary.  There  is  such  a  law  as  the  gentleman  alludes 
to  where  the  'department  volutitnrilv  discontinues  a  route,  not 
where  it  is  done  by  the  legislation  of  Congress.  But  here,  by  your 
legislation,  you  force  the  department  to  discontinue  thi.s  mail  ronte, 
and  you  do  it,  too,  at  the  very  commencement  of  the  service  under 
the  contract.  AVhere  the  department  has  complete  control  over 
the  matter,  they  will  allow  the  individual  a  reasonable  compensa- 
tion, but  here  just  as  soon  as  the  perlormance  of  the  duty  com- 
maufes,  as  soon  as  the  expense  of  preparation  has  been  incurred, 
yo^iseontinue  the  service  by  your  legislation,  and  then  you  limit 
the  compensation  under  the  old  rule  which  the  Senator  from  Ma- 
rvland  .speaks  ol,  to  compensation  for  three  months'  service.  Three 
luonths'  compensation  the  Postmaster  General  is  authorized  to  al- 
low, and  he  cannot  Iranseond  that  amount.  My  amendment  pro- 
poses  to  allow  him  to  make  such  compensation  as  the  peculiar  cir- 
cumstances of  the  case  require. 

Mr.  PEARC'E.— If  you  adopt  such  a  course  as  this  in  one  case, 
you  must  necessarily  do  so  in  oihers.  Besides,  it  does  not  follow 
that  you  must  continue  the  contract  to  these  gentlemen  merely 
because  you  have  commenced  it.  All  contracts  are  subject  to  in- 
terruptLo'n,  and  this  being  the  case,  I  apprehend  there  is  no  good 
reason  for  the  adoption  of  this  amendment. 

Mr.  NILES.— I  do  not  entirely  concur  in  this  resolution,  yet  I 
am  not  altogether  disposed  lo  oppose  it. 

Mr.  PEARCE. — It  is  the  amendment  which  is  now  the  subject 
of  discussion.  I  have  conlined  such  observations  as  I  have  iiiade 
to  the  amendment  proposed  by  the  Senator  from  Kentucky.  When 
thill  is  dispcscd  of,  1  propose  lo  enter  upon  the  subject  of  the  reso- 
lution. 

Mr.  NILES. — In  regard  to  the  existing  arrangement  for  carry- 
ing this  southern  mail,  as  I  understand  from  my  colleague  on  the 
committee,  by  whom  this  report  was  made,  the  contractors  are 
now  paid  more  than  has  heretofore  been  paid  lo  the  railroad  and 
steamboat  company  lor  the  same  service.  This  resolution,  how- 
ever, is  suspenillng  the  operation  of  the  general  law,  which  lixcs 
the  maximum  allowance  for  railroad  service.  Though  I  think  it 
rc(piircs  that  something  should  bo  done,  still  I  should  feel  very  re- 
Ini'tant  to  weaken  the  force  of  the  law.  or  furnish  an  example  for 
other  companies  to  demand  exorbitant  prices  above  the  maximum 
iixcd  l>v  law,  and  thereby  embarrass  the  dcpartmeiit,  and  comjiel 
them  to  apply  to  Congress  for  authfirity  to  comply  with  such  ex- 
orbitant demands.  During  the  adrainistralion  ol  Mr.  Tyler,  there 
was  some  ddbculty  expericni'cd  in  regard  lo  the  transportation  of 
the  mail  upon  this  route,  and  the  matter  being  referred  lo  hiin, 
he  established  an  arbitrary  rale  to  be  allowed  to  the  company 
upon  that  route,  irrcspeclive  of  the  maximum  fixed  by  law.  This 
icsolution  goes  no  liutlier,  I  believe,  than  lo  authorize  the  Posl- 
master  General  to  renew  the  arrangement  made  by  Mr.  Tyler. 
And  with  regard  lo  the  services  that  have  been  commenced,  to 
which  reference  has  been  made,  they  will  necessarily  be  discon- 
tinued, but  under  the  general  law,  in  all  cases  where  services  have 
been  performed  whidly  or  in  pari  ,  the  department  is  anlhorized  to 
allow  throe  months'  extra  pay  for  damages.  And  if  any  thing 
more  is  required,  the  parties  have  to  make  their  application  hero. 

The  (picstion  being  taken  upon  the  amendment, it  was  negatived. 

Mr.  PEARC'E. — The  great  northern  and  southern  mail,  for 
many  years  prior  lo  the  last  two  monllis,  has  been  carried  u|1(Mi 
the  river  Potomac  on  the  route  beiween  ISaltimore  and  Kiidmiond; 
but  by  the  present  route,  whiidi  is  much  longer,  the  time  occupied 
in  conveying  the  mail  is  double  the  travelling  time.  The  delay  of 
the  mail  is  as  much  as  twenty  four  hours,  and  there  is  no  saving  of 
expense  eflectcd;  on  the  contrary,  the  expense  of  conveying  the 
mail  is  increased.    The   Postmaster  General  has  taken  the  con- 


tract from  the  railroad  and  steamboat  company,  because  he  sup- 
posed ihcir  charges  exceeded  the  maximum,  which,  according  to 
his  construction,  the  law  authorizes  hiin  to  pay  to  such  compa- 
nies. Now,  the  only  reason  offered  by  the  Postmasler  General 
against  this  resolution  is  this:  He  says  thai  if  Congress  directs  a. 
re.sloration  of  this  contract  all  the  railroad  coin|)auics  will  demand 
an  increased  allowance.  But  this  railroad  and  steamboat  com- 
pany are  diHerenllv  situated  from  other  transportation  companies, 
and  they  are  entitled  lo  a  somewhat  larger  allowance,  lor  they 
are  subjected  to  considerable  hazard  in  navigating  the  Potomac 
during  ihc  winter,  and  arc  obliged  to  incur  the  expense  of  provid- 
ing ice  boats,  in  order  to  prevent  any  interruption  to  the  regular 
conveyance  of  the  mails.  And  it  is  lo  this  source  that  they  look 
chielly  lor  the  means  of  their  support  during  the  winter,  there  be- 
ing llien  but  little  travel.  This  furnishes  a  consideration  why  there 
should  be  no  reduction  of  jirice,  so  far  as  this  route  is  concerned. 
I  have  no  doubt  that  the  Postmaster  General  wiis  aetuatcd  by  a 
desire  to  save  the  public  money,  but  it  seems  to  me  that  the  ac- 
commodation of  ihe  public  should  be  preferred  to  the  mere  object 
of  .saving  a  small  sura  of  money. 

Mr.  BRADBURY  inquired  whether  the  department  in  case, 
this  contract  were  annulled,  would  not  be  exposed  to  heavy  dam- 
.ages  for  the  breach  of  the  contract  ? 

Mr.  PEARCE.— I  think  not. 

Mr.  BRADBURY.— Will  the  Senator  consent  to  amend  his 
resolution  so  as  to  provide  that  the  department  shall  not  pay 
damages  ? 

Mr.  PEARCE. — Certainly  not.  It  would  neither  be  consistent 
with  propriety,  nor  a  proper  dignity  on  the  part  of  Congress.  I 
think  we  ought,  at  least,  to  pay  any  damage  that  may  be  occa* 
.sioncil  by  the  action  of  the  government.  I  have  a  hotter,  however, 
from  the  agcntof  the  steam-packet  company,  in  which  heslalesthat 
the  company  will  assent  to  the  change,  and  that  they  will  make 
no  demand  for  damages.  There  remains,  then,  only  Mr.  Mayo,  a 
pally  to  the  contract,  and  his  claims  will  not  exceed  six  thousand 
dollars  for  the  year.  His  demand  cannot  be  .so  great  as  the  dM|l- 
ages  we  are  every  year  sustaining  under  the  present  arrange- 
ment. 

Mr.  BRADBURY. — I  am  certainly  desirous  that  every  facility 
should  be  alibrded  for  the  transportation  of  the  great  southern 
mail.  But  I  understand  the  department  was  exceedingly  desirous 
of  making  a  contract  with  this  company,  and  that  it  proposed  the 
highest  rate  that  the  law  authorized  ;  and  that  the  company  re- 
fused to  transport  the  mails  and  threw  them  olT.  I  have  heard 
nothing  which  goes  to  show  that  the  sum  oU'ered  by  the  Postmas- 
ter General  was  not  .a  fair  and  adequate  price.  By  yielding 
to  the  demands  of  the  company  in  this  case,  and  paying  an  ex- 
travagant price,  it  appears  lo  me,  we  shall  be  placing  the  Post 
Office  Department  at  the  feet  of  railroad  corporations  through- 
out the  whole  country.  If  this  company  can  throw  ofl'  the  mail, 
and  then  can  come  here  and  enforce  the  department  to  contract 
with  them  at  a  higher  rate  than  is  paid  to  others,  what  company 
will  not  do  It?  I  think  the  application  is  lo  the  wrong  tribunal  ; 
it  should  be  to  the  Legislature  of  Virginia,  lo  impose  a  penally  for 
a  refusal  on  the  part  of  the  company  to  carry  the  mails. 

Mr.  HUNTER. — The  Virginia  legislature,  I  beg  to  inform  the 
gantloraan,  has  no  right  to  impose  any  [lenalty  upon  the  railroad 
company,  ni>r  to  interfere  in  the  matter  in  any  way. 

Mr.  BRADBURY. — I  regret  that  Virginia  shouid  place  her- 
self in  the  power  of  a  oorpor.  lion  of  this  kind;  and  1  sincerely  hope 
that  Congress  shall  not  do  the  same  thing. 

Mr.  PEARCE. — The  Legislature  can  hardly  assume  lo  dictate 
to  a  corporation  that  is  already  in  existence,  as  to  the  manner  in 
which  they  shall  carry  on  their  business.  But  in  fact,  the  Legisla- 
ture of  Virginia  was  in  .session  when  this  was  matie  public,  and 
they  took  no  action  upon  it. 

Mr.  HALE. — I  hope  the  Senate  will  not  pass  this  resolution, 
for  it  looks  lo  me  like  a  very  dangerous  preecilent.  Here  is  a  con- 
lrover.sy  between  the  Post  Olbce  Depart  ment  and  a  railroad  com- 
pany. I  know  nothing  about  the  merits  ol  the  case,  but  I  know  this, 
that  if  the  power  of  the  Post  Ollice  Dep.'irtmcnt  is  not  sunicient  to 
meet  llio  case,  then  the  rcmcdyshould  be  by  general  l,iw.  If  we  pass 
this  resolution  other  corporations  will  take  the  same  course  that 
has  been  taken  by  the  company  in  this  case,  and  there  is  no  know- 
ing when  applications  of  this  kind  will  end.  These  corporations 
arc  all,  I  iiutiginc,  desirous  of  making  tin-  most  out  of  the  capital 
invested,  provided  it  be  dime  fairly.  And  when  it  is  known  that 
this  corporation  has  been  enabled  to  set  themselves  itj»,  and  ile- 
mand  a  greater  allow.-ince  from  the  ilcpartmenl ,  and  that  the 
l*osimaster  General  has  succiimbeil  to  the  demand,  mv  word  Ibr 
It,  there  will  be  oihers  following  the  example.  How  long  will  it 
be  before  the  cxjteriment  will  be  tried  by  corporations  at  the  East, 
by  Ihe  Boston,  New  York,  and  Philadelphia  railroad  companies, 
and  that  New  .Icrscy  railroad  which  wo  have  heard  .so  much 
about  lately,  with  its  prriietual  charier,  how  long  will  il  be  bclori* 
they  come  and  :isk  that  special  eonfra<'ls  be  made  with  them  ?  If 
the  law  is  not  sullicicnt  as  it  stands,  or  if  a  wrong  construction 
has  been  put  upon  il,  remedy  it  by  a  general  law;  tiir  it  seems  to 
nic  thai  this  is  the  most  iniudicious  and  ill-iiidgcd  comjilianco  with 
the  exorbitant  demands  of  a  company.  And  I  hojie  it  will  not  be 
adopted. 


June  19.] 


THE  SOUTHERN  MAIL. 


737 


Mr.  BERRIEN.— The  Senator  from  New  Hsmp.shire  claims 
from  the  Senate  a  refusal  to  adopt  this  resolution  with  the  distinct 
avowal  that  he  knows  nothinjj  of  the  merits  of  the  case;  and  most 
assuredly  in  the  observations  he  has  made,  he  has  veritied  that 
acknowledgement.  This  is  not  an  application  to  Congress  lo  ex- 
cept a  particular  case  out  of  the  operation  of  the  j;eneral  law  ;  it 
is  an  application  to  correct  a  misinterpretation  of  a  general  law. 
It  is  not  an  application  to  yield  to  the  cxtravajjant  demands  of  a 
company,  but  to  enable  the  Postmaster  General  to  renew  the  con- 
tract with  that  company  upon  terms  such  as  those  which  e.xisted 
for  four  years  previous  to  the  formation  of  the  present  arrange- 
ment. 

Mr.  RUSK. — The  resolution  requires  the  Postmaster  General 
to  return  this  contract  at  the  same  rate  of  remuneration  that  the 
company  has  been  receiving  for  the  service  for  four  years.  And 
this  change  will  save  at  least  S4,000  a  year,  as  shown  by  the  re- 
port, in  ihe  actual  cost  of  the  transportation  of  this  mail.  And 
It  will  save  a  good  deal  more;  because,  as  it  is  now  arranged,  a 
great  loss  of  time  is  experienced.  What  is  the  result  ?  It  il  that 
communications  are  made  by  telegraph,  and  the  revenue  of  the 
department  is  reduced.  How  the  Senator  from  Maine  can  come 
to  the  conclusion  that  the  department  is  about  to  sutler  in  a  pecu- 
niary point  of  view  by  making  this  change,  I  cannot  conceive. — 
The  amount  to  be  paid  would  certainly  bo  less,  and  the  time  con- 
sumed in  conveying  the  mail  would  also  be  less.  The  resolution 
simply  requires  that  the  contracts  shall  be  returned  to  them  at  the 
same  rate  that  they  received  for  four  years  preceding  the  present. 

Mr.  BRADBURY. — In  consequence  of  the  conduct  of  this  rail- 
road company  in  refusing  to  transport  the  mails,  the  department 
was  forced  to  enter  into  now  arrangements  suddenly,  under  such 
circumstances  that  the  new  contracts  were  necessarily  made  at 
great  disadvantage.  Hence  the  price  paid  is  greater  than  the 
probable  average  cost.  But  the  question  of  cost  is  not  the  mate- 
rial question.  It  is  a  general  one.  and  important  in  its  conse- 
quences. It  is,  whether  the  Post,  Office  Department  shall  be 
forced,  by  an  application  here,  to  yield  to  the  dem:inds  of  this  cor- 
poration, and  pay  it  at  a  greater  rate  than  that  which  is  paid  tcj 
any  other  railroad  for  similar  service — and  at  a  greater  rate  than 
is  authorised  by  law,  according  to  the  construction  given  to  the 
acts  of  Congress  on  the  subject  by  the  present  Postmaster  Gene- 
ral and  by  his  predecessor  in  office.  He  was  anxious  to  contract 
with  this  company,  and  offered  the  highest  rate  of  compensation 
paid  any  where.  No  one  can  doubt  but  that  the  price  offered  was 
a  liberal  and  ample  compensation  for  the  service  required.  No 
one  has  hero  asserted  that  it  was  not.  If  I  recollect  correctly, 
the  rate  ofTered  was  S237  50  per  mile  per  annum,  for  a  single 
daily  mail.  The  average  cost  for  the  great  mail  between  this  citv 
and  New  York  is  $151)  per  mile  per  annum  for  a  single  mail,  or  $300 
for  one  twice  each  day.  No  special  reasons  are  urged  in  this  case 
tending  to  show  that  this  company  would  be  subject  to  more  in- 
convenience or  expense,  in  conveying  the  mail,  than  is  usually  in- 
curred. On  the  contrary,  it  is  said  that  the  hours  for  the  depar- 
ture and  arrival  of  the  mail  are  well  accommodated  to  the  public 
travel.  No  extra  train  would,  therefore,  have  to  be  run  at  hours 
unsuited  for  general  travel.  This,  then,  is  not  a  case  presenting 
any  especial  claims  for  exemption  from  the  general  rule. 

If  Congress  does  not  exempt  it  there  will  be  no  difficulty  in  se- 
curing its  services.  It  will  come  to  the  terms  oHered  by  the  de- 
partment. I  will  refer  to  a  case  which  occurred  last  year,  as  I 
am  inlormed,  of  the  refusal  of  a  railroad  company  in  Connecticut 
(the  Hartford  and  New  Haven  road,  I  think,)  to  carry  the  mails 
at  the  rate  allowed  by  the  department.  The  company  demanded 
a  higher  rate.  The  department  refsed  to  submit  to  the  demand. 
Other  arrangements  were  made.  The  public  complained,  and,  in 
the  first  moments  of  excitement,  were  disposed  to  throw  the  blame 
upon  the  Postmaster  General.  A  discussion  of  the  facts  led  to  the 
conviction  that  the  department  was  in  the  right,  and  the  company 
^n  the  wrong.  The  people  then  began  to  petition  the  legislature 
for  the  repeal  of  the  charier  of  this  corporation,  and  it  soon  yield- 
rd  to  the  force  of  public  ojiinion,  and  entered  into  an  arrangement 
lo  transport  the  mails  on  reasonable  terras. 

If  in  this  case,  however,  the  Post  Oflice  Departnient  is  forced 
into  the  making  of  a  special  contract,  we  may  rest  assured  ihat 
other  corporations  will  take  the  same  course.  Our  other  railroads 
throughout  the  country,  will  increase  their  demands  ;  and.  if  not 
romplicd  with,  will  throw  ufi'  the  mails  as  soon  as  the  existing 
contracts  expire,  and  then  come  to  Congress  through  their  friends 
to  compel  the  department  to  give  tnem  Their  price.  It  appears  lo 
mc  to  be  most  unwise  to  adopt  such  legislation  as  will  lead  to 
consequences  so  pernicious.  As  the  expense  incurred  in  making 
the  new  contracts  was  occasioned,  according  to  my  view  of  the 
subject,  by  the  fault  of  the  rail  company  in  refusing  to  cany  the 
mails  at  a  fair  price,  1  ofTer  the  following  amendment  : 

[The  amendment  provided  that  there  should  be  deducted  Ironi 
rho  amount  of  compensation  to  be  paid  to  the  railroad  eompanv 
the  amount  of  damages  which  would  arise  from  tlie  discontinu- 
ance of  the  existing  contracts.] 

Mr.  PEARCE  — The  Senator  is  certainly  not  aware  of  the 
facts  of  this  ease.  He  stated  that  this  company  threw  ofl'  the 
mails  ;  and  intimated  that  they  had  acted  in  a  manner  that  was 
disreputable,  with  a  view  to  extort  from  the  department  a  better 
contract.  It  is  right  that  I  should  state  the  facts  as  they  really 
arc 

30in  Cong.— IsT  Session — No.  93. 


[Mr.  P.  read  from  the  correspondence  between  the  Postmaster 
General  and  the  agent  of  the  company,  to  show  the  true  position 
of  the  company.] 

There  was  no  disposition  hero  to  throw  off  the  mails.  The 
Postmaster  General  was  notified  forty  days  bolbre  they  refused  to 
carry  the  mails,  that  they  would  not  carry  them  at  that  rate. — 
The  amendment  is  one  which  it  will  be  highlv  improper  to  adopt 

Mr.  UNDERWOOD.— It  seems  to  me  the  proper  enquiry  for 
us  is,  what  would  bo  a  reasonable  compensation  for  the  perform- 
ance of  this  service  '  While  I  am  willing  to  vote  a  reasonable 
compensation,  I  am  altogather  unwilling  to  go  beyond  that. 

Mr.  PEARCE. — It  would  be  a  very  difficult  matter  to  show 
precisely  what  would  be  a  reasonable  compensation.  The  com- 
pany is  subjected  to  extraordinary  expenses  in  order  to  convey 
the  mails  at  all  .seasons  of  the  year  with  punctuality.  It  is  to  be 
presumed  that  Mr.  Tyler  intended  to  make  such  arrangement  as 
would  be  just  and  fair,  and  he  allowed  the  company  the  same 
compensation  that  they  now  ask. 

Mr.  JOHNSON,  of  Maryland,  asked  for  the  reading  of  the 
amendment. 

It  was  read  by  the  Secretary . 

Mr.  BRADBURY.— I  would  suggest  that,  as  the  resolution 
now  stands,  it  does  not  provide  for  the  rescinding  of  the  existing 
contracts  for  the  transportation  of  the  mail,  nor  appear,  upon  its 
face,  to  be  based  upon  the  offer  of  one  of  the  present  contractors, 
to  relinquish  his  contract  without  claim  for  damages.  It  is  de- 
fectively drawn  up.  This  ofl'cr  should  appear,  and  it  should  be  made 
condition  that,  before  entering  into  any  new  contract,  the  depart- 
ment should  be  released  from  all  claim  for  damages  under  con- 
tracts already  made.  I  am  desirous  that  an  arrangement  should 
be  made  with  the  railroad  company  referred  to,  for  the  transpor- 
tation of  the  mail,  whenever  it  can  be  done  consistently  with  the 
interest  of  the  country  at  large,  and  so  as  not  to  place  the  Post 
Office  Departmot  at  the  feet  and  under  the  control  of  railroad  cor- 
porations. The  passage  of  the  resolution  without  amendmeol 
would  place  the  department  hereafter  within  the  jiower  and  at  the 
mercy  of  these  corporations.  It  is  said  that  the  sum  in  contro- 
versy is  not  large,  as  one  of  the  present  contractors  will  make  no 
i;laim  for  damages,  and  that  of  the  other  cannot  extend  to  a  large 
amount.  I  have  no  doiiht,  then,  that  if  we  stand  firm  and  leave 
the  department  to  contract  with  this  railroad  company  at  the 
highest  rate  paid  in  the  country  lor  the  transportation  of  the  mails, 
upon  the  condition  that  there  shall  be  deducted  from  the  amount 
to  be  paid  the  damages  arising  under  the  existing  contracts,  an 
arrangement  on  this  basis  can  be  made,  and  that  shortly.  The 
company  will  not  stand  out  il  we  do  not  compel  the  department 
to  yield.  The  sum  to  be  deducted  will  diminish  the  receipts  of 
the  company  for  a  year  only;  afterwards  there  will  be  no  diminu- 
tion from  the  amount  that  will  be  annually  received  by  it. 

Mr.  PEARCE. — I  suppose  that  Congresscannot  annul  a. 
contract,  but  may  direct  the  transfer  of  the  mail  to  another 
route,  leaving  the  contractors  at  perfect  liberty  to  lay  claim 
to,  and  obtain  damages.  The  southern  mail  line  has  ex- 
pressed its  willingness,  by  a  letter  that  is  now  on  file,  to 
the  transferment  of  the  carriage  of  the  mail  to  these  new  con- 
tracting parties  by  the  railroad  route.  And  the  other  of  the  two 
old  contracting  parties  cannot  claim  a  very  serious  or  large  amount 
for  damages  by  the  annulment  of  their  contract.  The  damages  to 
be  paid,  in  my  opinion,  will  be  less  than  what  the  government  and 
the  whole  community.  North  and  South,  are  now  losing  every  day 
hy  this  present  circuitous,  tortuitous  route. 

Mr.  YULEE. — I  shall  cheerfully  give  my  support  to  the  reso- 
lution presented  by  the  Committee  on  Post  Offices.  I  trust  no 
amendment  will  be  made  to  the  bill.  The  delay  in  the  transmis- 
sion of  the  mails  hitherto  upon  this  route  has  been  positive  injury 
to  the  whole  community  of  the  North  and  South,  more  particularly 
to  the  commercial  classes.  I  was  disposed,  at  the  early  part  of 
the  session,  to  su.staiii  the  action  that  the  Postmaster  took  in  this 
matter,  in  confident  hope  that  he  would  have  made  it  his  duty  lo 
have  sought  out  some  other  remedy  for  this  evil,  after  his  relusal 
to  give  to  the  corporation  of  the  railroad  that  bid  lor  the  carriage 
of  the  mail,  the  sum  they  asked.  Ashe  has  not  proposed  any 
remedy,  and  as  it  is  impossible  for  the  community  longer  to  suffer 
under  this  evil,  I  accept  the  remedy  oflered  by  the  Committee  on 
Post  Ofiiees,  in  the  lull  assurance  that  they  have  taken  the  ut- 
most care  to  guard  the  country  from  being  improperly  imposed 
upon,  or  the  Treasury  from  unjust  extortion.  Of  course,  if  imposed 
upon,  we  can  remedy  the  matter  in  future  legislation. 

Mr.  ALLEN. — This  is  the  lirst  attempt,  within  my  remem- 
brance, of  substituting  Congress  for  a  department  in  the  making 
of  contracts  on  the  part  of  the  federal  government ' 

A  Senator. — There  have  been  several  cases  of  a  similar  cha. 
r.icter . 

Mr.  ALLEN. — If  there  have  been  other  cases  it  only  proves 
how  dangerous  it  was  to  begin  this  business.  If  there  had  been  no 
first  case,  this  one  would  not  now  be  before  us  for  consideration. 
The  making  of  contracts  is  a  matter  of  administration,  not  of  le- 
gislation. If  we  begin  this  business  of  bringing  these  powerful 
corporations  into  the  two  Houses  of  Congress  to  bid  for  contracts, 


?38 


THE  SOUTHERN  MAIL. 


[MoNDAYj 


it  is  not  difficult  to  perceive  what  mani.er  of  legislation  will  grow 
up  here.  When  ihete  railroads  were  first  employed,  all  who  knew 
anything  auoiit  corporations  knew  that  they  would  extort  monev 
for  the  transporlaiion  of  the  mails.  These  corporations  well 
know  how  frreat  was  the  anxiety  of  one  part  of  the  Union  to  receive 
intclligencefrora  the  other  part  and  vice  rersa.  They  knew  how  easy 
it  was^to  get  u)!  the  cry,  "that  the  <;ovtrnment  lends  not  its  aid  to 
the  iransniission  of  intelligence  to  the  people."  They  knew  they 
could  use  this  very  plea  of  popularity  and  patriotism  as  a  means  of 
cxtoiiinc  unjustly,  monev  Irom  the  pulilic  treasury.  Congress 
k'nowing^'hov.^  feeble  the  power  of  one  head  of  department  would 
:in  to  these  corporations  all   over   th 


be  in  nppositioi 


Union  when 
they  hVouflit  forward  this  plea,  passed  a  general  law— all  they 
could  do— tlxin!i  a  limit  bevoi.d  which  these  companies  should  notbe 
permitted  to  extort  from  the  department,  thougli  at  the  same  time 
kUowin"  them  four  times  the  amount  of  urmey  for  iheir  labor  that 
these  companies  would  exact  from  a  private  man  for  doing  the 
same  thin"  This  act  is  preilicated  upon  the  transportation  of  the 
mail  in  sta"e  coaches,  when  on  most  of  the  routes  the  charge  was 
more  tbairdouble  that  which  it  can  now  he  done  for.  W  e  are 
asked  to  disregard  this  eeneral  law— condemn  the  action  ol  the 
Post  Office  Dcnartment— take  sides  with  these  corporations,  and 
invite  the  combination  of  all  these  railroads  for  the  purpose  of  ex- 
torliu"  monev  from  the  public  treasury,  Irom  one  end  of  the  Union 
to  the^lher.'  And  public  men  are  to  be  terrified  Irom  doing  their 
duly  by  the  cry  that  the  people  of  the  several  States  will  be  do- 
mived  of  the  means  of  transmitting  intelligence,  unless  the  gov- 
ernment accedes  to  the  terms  of  these  corporations.  7  here  must 
be  an  end  put  to  this  ihing.  Now  is  the  time,  and  this  is  the  place, 
to  take  a  nand  arainst  these  corporations  and  sustain  the  govern- 
ment against  yielding  to  their  unjust  extortions.  Tbey  have 
anotherlidvantage,  because  they  put  in  the  plea  Uiat  they  can  (ur 
nish  the  public  more  rnpidly 


with'inteliigence.  But  notwitlistand 
M.r  all  that  they  urge  in  support  of 'their  unjust  extortions,  I 
woiil  1  rather  employ  all  Ihe  blooded  horses  on  the  continent,  to 
carry  the  iii.iil  to  every  part  of  the  United  States,  than  submit  to 
tills  imposition.  The  government  ought  never  to  be  subject  lo 
tli»se  combinations.  Two  hundred  and  thirly-sevcii  dollars  and 
it  is  sai'i  's  the  maxirnam  price  per  mile  given  to  all 
laims  two  hundred  and  sixty 
I  shall 


fifty  cents 

other  companies;  but  this  company  cl  ,  .        , 

dollars.    If  we  yield  in  this  case,  we  must  yield  in  others, 
vote  against  the  whole  proceeding. 

Mr  M.\SON.— I  apprehend  that  Senators  were  fully  alive  to 
the  obirci ions  a<Taiii»t  interposins  special  legislaiiun  in  a  matter 
which  nucht  lo  be  remedied  by  general  lav/,  as  a!.-o  to  the  ob|ec- 
t  on  of  inferposins  leaislation  beuvetiu  the  Execu  ive  Department 
and  contraciors.  before  they  were  put  forward    liy   the  honorable 

Senator  from  Oiiio.  ,    .  ■   ,  ,       , 

In  pa-'in"  upon  this  matter  it  becomes  us,  I  tnmk,  rather  to 
enquire  whether  the  public  mischief  proposed  to  be  removtd  is  ot 
a  character  that  requires  the  legislation  proposed,  and  il  it  be, 
whether  the  necessity  has  not  devolved  upon  us  to  accede  to  iho 
terms  off-red  rather  than  to  indulge  in  genvral  denunciations 
against  corporations  and  monopolies.  I  have  taken  some  pains 
to  collect  facts  in  relation  to  this  matter,  more  particularly  bcca.isa 
the  portion  "f  the  State  which   I  represent   is   deeply   interested 

It  is  unreasonable  and  preposterous,  in  my  estimation,  that  the 
■whole  tier  of  States  from  North  to  South  should  have  their  busi- 
ness atfiirs  deranged  merely  because  of  the  slight  sum  in  dispulo 
of  some  two  or  tiirce  thousand  dollars.  Suppose  the  payment  of 
it  be  an  extortion;  shall  wo  derange  the  comracrcial  affairs  ol  the 
whole  country  rather  than  submit  to  an  imposition  of  some  two 
or  three  thousand  dollars?  In  regard  to  the  true  consiruetion 
placed  upon  the  law  of  the  Post  Office  Department  rehuini;  to  this 
sii'  ' 

unoirir"  it  is  a  sei'ious  public  mischief,  and  if  there  is  so  great  a 
inclpio  involved  in  it,  as  thnt  it  becomes  the  department  to  sub- 


steed  upon  tne  law  oi  mc  i^osi  ^..i^v,  ^^,,^.„,..^... .-. _  — 

biect    I  have  been  struck  with  the  fact  that  we  have  not   been 
rnishe'd  wiih  the  opinion  of  the   law    officer   of  the   govcrrment 


1" 


iilainins 


icct  the  Stales  to  the  mischief  of  «liich  we  are  now  c-oui, 
I  submit  10  Senators  that  we  ought  lo  be  furnished  with  the  cpi.i- 
ion  of  the  law  officer  of  this  department  as  to  liie  true  conslrue- 
lion  of  the  law.  IMy  opinion  's  that  the  coiistrurtion  placed  upon 
the  law  is  erroneous.  The  fact  is  the  mischief  results  from  a 
mere  an"rv  dillercnce  between  the  head  of  the  PiiSt  Office  Depart- 
ment  on'tlie  one  band,  and  the  head  of  this  railroad  company  on 
the  other  and  is  too  small  a  matter  to  bo  made  the  loundaiion 
unon  whiefi  this  great  public  mischief  is  to  be  commucd.  It  does 
not  in  my  opinion,  show  a  retaliatory  or  undiclivo  spirit  on  i lie 
oart  of  this  railroad  company,  when  it  carried  the  mail  Irom  July 
to  September  with  ut  a  contract.  It  appears  to  me  that  the  com- 
nany  wanted  to  do  what  they  could  to  have  the  matter  go  right.— 
But  allowin"  there  is  extortion  used,  are  we  not  as  liable  lo  bo 
imposed  upon  by  private  individuals  as  by  public  corporations  ?— 
Railrond  companies  can  have  no  competition,  and  il  they 
charge  exorbitantly  we  can  onlv  submit  to  the  imposition.- 
It'h  1°  been  remarked  that  ll  o  State  of  Virginia  did  not  bring  her 
railio'ad  companies  under  such  restraint  as  would  prevent  cxtor- 
lion  I  would  say  that  Virginia  has  set  an  example  in  regard  to 
her  railroads  that  very  few  other  States  have  followed-  She  has 
compelled  the  railroads  throushoul  the  State  lo  ciiiry  muniions 
of  w'ar  and  troops  free  nf  charge.     I    have  seen  troops  travelling 


thiou"h  my  own  State  free  of  expense, 
seen  them  compelled  to   pay  lor   their  travel 
imposition 


and  in    other   States  have 
This  thins,  if  an 


will  remedj-  itself  in  tho  couiso  of  time.    Gradually, 


yet  surely,  as  railroad  and  other  lines  of  travel  increase,  t!iC  work 
will  be  done. 

Mr.  WESTCOTT. — It   is  proper  for  me  to  make  an  explana- 
tion of  my  vote,  inasmuch  as  in  conversation  with  one  or  two  Sen- 
ators, as  the  resolutions  were  about  beins  called  up,  upon  my  then 
understanding  of  them,   I   stated   that  I  should  probably  vote  for 
them.     The  discussion  that   has   token  place   has  awakened    my 
rccollcetion  of  a  debate  I  heard  at  an  early  period  of  ihis  session  in 
the  other  House  on  the  same  subject,  and  to  some  faois  that  had 
escaped  my  memory.     I  represent  here  a  fronlier  State  at  the  very 
southern  extremity!     Since  I  have  been  in  Congress  my  colleagues 
and  myself  have  again  and  again  sought  to  obtain  some  mail  facil- 
ities for  our  citizens,   and   what   is   the  result?     Though  she  is  a 
young  Slate, and  immigration  constantly  taking  place  by  purchasers 
of  public  lands,  yet  for  three  years  past  our  mails  and  post  offices 
have  been  decreased  instead  of  increased.     I  will  not  say  who  is  lo 
blame,  but  between   the   Postmaster  General   and  Congress  toge- 
ther our  present  mail  arrangements  have  been  useless,  and  are  in 
fact,  nuisances.     In  our  whole  State  south  of  Tampa  we  have  no 
mails  in  the  interior.  The  Atlantic  and  Gulf  coasts,  from  Key  West 
for  several  hundred  miles,  have  no  mails  w  hatever.     Key  West  has 
nb  mail.     You   are   buildins  extensive  fortific^ations  at  Key  West 
and  tho  Tortugas,  and  your  engineer  officer  there  did  not  hear  of- 
ficially of  your  appropriations  for  the  works  until  six  months  alter 
they   were  passed.     A  million  o''  dollars  of  wrecks  of  eastern, 
northern,    and    foreign    vessels    occurs    annually  on   that    reef, 
and    the    letters    to  the  owners    and    underwriters   have    to    be 
sent   to  Havana,  or  to  the   North,  by  vessels  that  happen  to  stop 
in   at   Key  West-     Several   thousand  settlers  on  the  peninsula  in 
the  interior  below  Tampa  arc  without  mail   facilities,  the  nearest 
post  office  be^ng  20,  30,  40,  "0,  or  100  miles  from  the  settlements. 
Manitee  and  Sarasota,  on  tho  west  coast,  and  Miami,  on  the  east 
coast,  are  refused  mails.     None  of  the  islands  or  keys  have  mails. 
This  very  morning  1  received  a  letter  written  forty  days  ago.  and 
the  writer  of  which  lives  in   a  settlement  of  some  thirty  families, 
and  who  had  to  send  it  thirty  miles  to  a  post  office.     This  is  tho 
state  of  things  in  the  lower  part  of  our  State.     In  the  upper  part 
it  is  but  little  better.     We  arc  allowed  a  sulkey  or  horse  mail,  I 
forget    which,  which    creeps    alor^  once   a  week,  perhaj-s  twice, 
from  the  metropolis  (Tallahassee)   lo  Pensacola  in  West  Florida, 
and  some  trilling  hor-e  mails  running  off  latterly  lo  perhaps  a  do- 
zen points  in  a  distance  of   liirce   hundred  miles  into  the  country 
adjoinins    the    main    road.     We   had    some  years  ago  four- horse 
coachcs'and  steamboats  on  this   route,  or  rather  in  West  I'lorida, 
but  the  General  Post  Office  refused  to  pay  a  fair  price,  and  it  had 
10  bo  abandoned.     So  in  East  Florida,  we  have  a  mail   from  Tal- 
lahassee to  .laeksonvilleand  St..'\ugusiine,  which,  I  believe,  by  the 
contract  is  to  be  carried  in  a  bugey-     Now,  for  all  lliese  routes  I 
know  there  were  reasonable  bids  for  post  coaches  and  other  modes 
of  conveyance  by  which  the   mails  wou'd  have  been  an  accommo- 
dation to  our  citizens,  but  they  were   not  aeeepled.     There  were 
bids  to  carry   the    mails  in  steamboats  and   vessels  where  they 
could    onlv    i>o    carried    by   water.     They    were    all   said   to   be 
too    high.'      Ten    thousand    dollars    annually    could    have    sup- 
plied   irs  vrlih   good   mails,  with   what  is  now    paid,  and   every 
fCclion  of  the  Stale  could  have  been  supplied  properly.     The  reve- 
nue of  the  Post  Office  would  have  been  increased,  not  perhaps  lo 
a  corresponding  amount  to  the  outlay  at  first,  but  in  a  year  or  two, 
and  the  government  would  have   made  len   limes  that  sum  in  the 
increased  sales  and  enhanced  prices  of  the  public  lards.     Settlers 
are  now  deterred  from  purchasing  lands,  as  they  do  not  like  being 
cut  off  from  all  communication  with  the  nt  cr  parts  of  the  United 
Slates.     They  want  to  know  what  we  aie  doing  here.     Our  elec- 
tion returns  cannot  crct  to  the  seat  of  government  of  the  Stale  for 
weeks  after  they  should  be.     The  cost  nf  one  contested  election  in 
the  other  House  in  1S4.5-6  would  have  given  us  good  inailsfur  five 
years.     The  Florida  delegation   have   again   and  again  sought  to 
get  somelhins  done.     When  we  go  to  the  Postmaster  General  ho 
puts  us  off  oirConcress.     He  says  our  mails  wont  pay,  and  refers 
to  some  act  of  '25  or  '45  which,  he  says,  prohibits  him  from  estift- 
lisliing  routes  that  areunproHlable  lo  aeeriain  extent,  and  so  loitb. 
He  discontinues  our  post   offices   for  similar   reasons,  having  (iisC 
caused  sucii  result  by  refusing  reasonable  mails  in  proper  convey- 
ances.    Under  the  present  svslem  our  mails  may  not  pay,  and  they 
ought  not  to  pay,  and  I  hope  they  wont  pay.     Citizens  send  their 
letters  by  private  conveyance.     1  am  obliged  every  day  to  send  my 
letters  for  South  Florida  lo  a  commercial  house  in  New  York,  aid 
they  forward  them  by  vessels  lo   Havana  or  Key  West,  as  oppor- 
tunilies  offer.     1  get  my  letters  from   South   Florida  in  the  same 
way.     If  you    will    establish   proper   mails    and    proper   offices, 
they  will  pay  in  a  lew  years.     Why  not  send  some  of  our  army  and 
navy  steamers  as  mail  sieamers   from  Key  West  along  the  coast  1 
It  would  cost  liille  more  than  these  vessels  and  officers  cost  doing 
nothing,  or  at  any  rale  doing  little  good. 

Mr.  PEAUCE. — I  take  gj-eat  pleasure  in  informing  tho  Sena- 
tor that  the  Post  Office  Commiltee  have  included  a  provision  in 
the  bill  of  this  session  for  a  mail  to  Key  West. 

Mr.  WESTCOTT.— So  I  understand,  and  I  know  the  House 
refused  it  a  dav  or  two  since,  and  I  know  also  that  wo  have  had, 
I  believe,  every  session  something  or  lUlicr  proposed  or  reported 
by  different  committees,  but  we  never  get  the  mails.  It  is  tho 
mails  we  want.  I  confess  I  have  no  patience  with  the  middle 
States  on  this  suhject.  They  seem  to  think  the  government  be- 
longs to  them  exclusively,  aiitl  especially  that  all  ihc  mail  lacili- 


JUXE    19.1 


THE  SOUTHERN  MAIL. 


739 


tics  should  bo  given  to  them.  This  Richmond  mail,  it  is  said,  does 
not,  williout  the  proposed  new  arrangemint,  go  last  enough  by  a 
day  or  two.  A  Senator  near  me  says  twelve  hours.  The  Post- 
master General  and  ihis  Virginia  railroad  company  dispu'e  iibout 
the  sum  of  $3,000,  or  theieabouis,  and  a  wonderlul  luss  and  rum- 
pus is  made.  It  is  a  terrible  affair,  and  Congress  arc  invoked  to 
coerce  the  Postmaster  General  to  yield  to  I  he  torporaiion.  I  am  I  old 
this  resolution  is  fur  ihe  benefit  ol  my  State,  in  common  with  all  the 
sodlbern  States.  Every  thing,  I  aii>  told,  is  to  be  of  great  ad- 
vantage 10  the  South,  but  it  never  turns  out  so.  I  don't  value  the 
benefit  to  Florida  a  fig.  What  ditVerence  does  il  make  to  us, 
T\-hetber  we  get  our  mails  two  days  lessor  two  days  more,  in  10,  15, 
20,  or  30  days  f  It  is  of  very  little  ennscfpience.  I  am  quite  eer- 
tain  it  is  of  no  benefit  to  those  Floridians  v.- ho  dnn't  get  any  mail 
at  all  ;  for  instance,  in  the  whole  coiiiilry  liclow  Tampa,  at  Ma- 
nitce,  Sarasota,  Miami,  or  tlie  islands  and  keys,  and  Key  West. — 
You  p;.y  millions  upon  millions  for  fureign  mail  steamers  rnnniiig 
every  v.here,  all  sorts  of  splendid  arrangements  lor  the  Atlantic 
cities  and  middle  and  eastern  Stales,  but  the  frontier  Slates  are 
shamefully  neglected.  Hundreds  of  thousands  are  spent  in  the 
middle  States,  and  the  States  at  the  extremities  arc  relused  a  few 
thousand  dollars  for  necessary  mails.  I  am  told  it  is  worse  in  Tex- 
as than  it  is  in  Flarida.  I  wish  my  Iriend,  the  Senator  from  Tex- 
as, [Mr.  KusK,]  would  in  his  place  tell  the  Senate  what  be  £aid 
to  me  the  other  day  about  the  mails  there.  I  feel  that  the  present 
state  of  things  is  a  great  grievance,  and  I  have  pretty  much  made 
up  my  mind,  though  I  may  change  it,  that  so  far  as  any  vote  of 
mine  goes,  unless  lliete  is  a  little  more  justice  and  equality  dis- 
pensed ti)  my  State  in  the  way  of  mails,  not  one  of  li.e  projects 
for  mail  steameis,  and  the  foreign  ones  especially,  will  be  estab- 
lished. Nor  shall  I  favor  any  of  the  facilities  as  to  increased  speed, 
&e..  further,  for  which  the  middle  Slates  are  so  uigent  at  every 
session,  while  the  extremities  are  entirely  neglected.  I  do  not 
blame  the  Postmaster  General  so  much  on  this  subject  as  1  do  Con- 
gress. We  are  denied  the  laws  necessary  to  coerce  the  Post  Of- 
fice Department  to  do  us  justice.  The  petitions  of  our  citizens 
and  resolutions  of  our  legislature  are  never  reported  upon.  They 
sleep  in  the  committees  unnoticed.  I  have  been  told  also  that  one 
reason  why  we  are  denied  our  mails  is,  thai  the  corporation  mono- 
polies of  the  middle  and  eastern  States  exhaust  so  much  of  the  re- 
sources of  the  department  that  it  cannot  aid  us.  This  argument 
is  important  in  this  ease.  Tlio  sum  requirid  in  this  case  to  in- 
crease the  speed,  or  expedite  the  mail  twelve  hours  between  this 
and  Richmond,  would  give  us  a  semi. monthly  mail  to  Key  West 
for  a  whole  year,  and  I  am  in  favor  of  its  being  so  applied,  as  be- 
ing the  most  useful  application.  As  long  as  all  the  revenues  of 
the  department  are  expended  about  the  Atlantic  cities  and  about 
the  centre  of  the  government,  the  people  in  the  States  at  the  ex- 
tremities will  be  neglected.  I  wish  to  witness  some  apparent 
equality  and  fair  play  in  this  mail  business.  I  shall  vote  against 
the  resolutions  for  these  reasons. 

Mr.  RUSK. — The  law  recognizes  that  a  mail  shall  be  trans- 
ported regidarly  between  New  Orleans  and  Galveston,  Texas,  and 
It  has  been  carried  under  a  contract  which  permitted  the  contractor 
to  carry  it  or  not,  as  he  chose.  I  would  complain  not  of  the  law, 
for  that  has  made  ample  provision  lor  the  transportation  of  the 
mails,  hut  of  an  act  of  the  Postmaster  General. 

The  question  being  taken  upon  the  adoption  of  the  amendment, 
the  result  was  as  follows  : 

YEAS— Messrs.  Allen,  Atlierton,  nenlon,  BorLTmi.  Bradbury,  Breese.  Bright, 
Davis,  of  Mississippi,  Dickinson,  Di.v.  Felcli,  Foole,  Ilak',  Hamlin,  Johnson,  of 
Georgia,  Niles,  Sebastian,  Turney,  and  VVeslcolt— 19. 

NAYS— Messrs.  Badger,  Baldwin,  Berrien.  Butler,  Callionn,  Cameron,  Clarke, 
Clayton,  Corwin,  Davis,  of  Majssachnsetls,  Downs,  Greene,  Hooston,  Hunter.  John- 
son;  of  Maryland,  Johnson,  of  Louisiana.  Lewis,  Mangurn,  M_ason,  Miller,  Pearce, 
Phelps,  Rusk,  Spruaiice,   Sturgeon,  Underwood,  and  Yulee— 27. 

So  the  amendment  was  rejected. 

Mr.  DAVIS,  of  Massachusetts.— I  voted  against  this  ainend- 
ment,  and  do  not  like  to  vole  for  the  resolution,  but  I  suppose  I 
shall.  The  amendment  seemed  to  me  to  be  absolutely  preposter- 
ous. In  relation  to  the  subject  matter  of  the  resolulion  the  didi- 
culty  is  to  get  any  other  mode  than  by  railroad  conveyance  that 
will  transmit  the  mads  with  equal  despatch.  If  the  Senator  from 
Ohio  can  bring  blooded  horses  that  will  beat  tho  steam  horses,  I 
am  sure,  for  one,  I  would  employ  them  even  at  greater  expense 
in  order  to  show  these  corporations  that  we  were  not  to  be  im- 
posed upon.  If  the  sum  demanded  in  this  case  is  exorbitant  I  do 
not  see  but  that  we  are  forced  to  give  it.  I  give  my  support  with 
some  little  reluclance,  and  because  at  ihe  same  lime  I  have  no 
means  of  controlling  the  evil  until  there  is  raised  up  a  steam  com- 
petition, as  has  been  the  ease  on  other  mail  routes, 

Mr.  HALE  then  ofl'ered  an  amendment  providing  that  the  price 
paid  shall  not  be  higher  than  is  paid  for  similar  service  to  other 
companies. 

Mr.  CAMERON.— I  do  not  approve  of  special  legislation  upon 
a  subject  of  this  kind,  though  in  this  perhaps  it  is  requisite.  I 
do  not  think  the  charge  of  this  railroad  for  carrying  the  mail  ex- 
orbitant; neither  do  I  in  relation  to  the  other  mail  routes.  I  think 
that  the  railroads  have  reduced  their  price,  I  know  that  the  origi- 
nators or  first  stockholders  of  railroads,  generally  have  been  losers 
instead  of  gainers.  The  first  proprietors  lose;  the  men  of  capital 
■who  buy  up  the  roads  eonstrueted  and  ready  for  use,  making  the 
money.  We  should  view  this  matter  in  the  light  of  a  business 
traasactioo.    la  private  life  we  pay  the  price  asked  for  aa  article 


or  not,  as  wo  choose.     So  in  this  case,  we  may  give  the  price  asked 
or  not. 

Mr.  ALLEN  — Even  the  Senator  from  Pennsylvania  admits 
that  railroads  get  more  than  they  ought  lo  have.  If  then  they  get 
more  than  they  ought  to  have,  it  is  quite  a  sufficient  reason  why 
we  should  not  increase  the  amount  which  we  are  to  give  them. 
The  Senator  says  that  railroad  companies  are  like  individuals,  and 
have  a  right  to  say,  '"  give  us  our  price  or  not  as  you  choose." 
And  because  they  have  that  right,  the  government  must  aequiesc 
in  their  demands  withou;  any  regard  to  justice  or  propriety,  with- 
out any  regard  to  the  taxed  population  out  of  whose  pockets  tho 
sums  demanded  are  to  come.  Suppose  we  reverse  ihe  proposition 
and  say  that  government  has  a  ri<;lit  to  employ  railroads  or  not  to 
employ  them.  The  answer  to  this  is,  that  the  pcopL  demand  that 
■we  should  employ  railroads  so  as  to  I  ave  inlurination  more  rapidly 
trai.tmiiled  Irom  one  part  of  Ihe  country  to  the  other.  So  v\hilo 
the  company  has  tho  light  lo  carry  or  not  as  it  chooses,  the  po- 
veriimeni  is  under  li.e  positive  necessity  of  jayina  the  Irgl.csi  price 
that  may  be  demanded.  The  Senators  from  Massachusetts  and 
Virginia  talk  in  the  same  strain,  and  it  would  appear  in  ibis  large 
body  of  able  men,  that  no  other  mode  of  argument  can  bo  lound. 
If  you  pay,  this  company  three  hundred  dollars  a  mile  this  year, 
you  will  have  to  pay  if  ihey  choose  to  charge  it.  four  hundred  dol- 
lars tho  next  year,  and  so  on  through  all  future  time. 

If  this  bo  a  good  argument,  that  we  must  pay  these  companies 
what  they  ask,  why  are  they  limited  in  iheir  charges  for  the 
transmission  of  men  and  freight  ?  The  legislatures  grant  charters 
restricting  the  amounts  to  be  exacted  for  lieight  and  travel,  know- 
ing thai  oi.erwise  the  puLlic  would  be  liable  to  unjust  an  I  exor- 
bitant charges.  This  is  the  time  and  place  to  make  a  stand 
against  these  eombin.tlions.  In  the  fixto  maximum  that  we  have 
made  in  regard  to  the  price  of  mail  eonvcvanco  per  mile  through- 
out the  Union,  we  hav?  allowed  too  much,  nevertheless  let  us  stand 
by  it.  We  should  stand,  on  this  occasion,  in  such  a  posiiion,  as  to 
show  the  people  that  we  are  interfering  between  the  railroails  and 
their  pockets.  Money  does  not  come  from  the  clouds,  but  from 
the  pockets  of  the  peojile.  I  have  been  informed  that  in  one  of 
the  Congressional  contracts  that  was  made,  sevenlytivo  thousand 
dollars  were  paid  for  tho  transmission  of  the  mail  irom  Mobile  to 
New  Orleans  ;  and  that  since  tl.o  expiration  of  ihat  contract,  the 
Poit  Office  Department  coniracled  with  the  same  contractors  on 
the  same  line,  for  twenty  four  thousand  didlars.  This  single  ex- 
ample shows  how  very  incompetent  large  bodies  of  men  are  lo 
enter  into  ihe  minute  detads,  always  necessary  to  bo  looked  into,  of 
a  contract.  The  Senator  from  Pennsylvania  thinks  that  ihe  price 
of  transporting  the  mails  has  not  been  'increased  but  diminished.  I 
have  been  informed  by  a  person  sitting  near,  that  in  Virginia,  upon 
a  line  where  the  mail  was  formerly  transmitted  for  five  thousand 
four  hundred  dollars,  it  now  costs  twcniy-four  thousand  dol.ais. 
Let  us  here  take  our  stand  against  these  monopolies;  and  go  be- 
fore the  people  with  the  taxes  in  one  hand,  and  the  mail  in  the 
other.  The  people  are  willing  to  pay  taxes  for  intelligence,  but 
they  are  not  willing  to  pay  five  dollars  for  one  dollar's  wortii  of  in- 
telligence. This  a  question  between  taxation  and  intelligence. 
Let"he  people  know  who  are  these  extortioning  monopolies  ■who 
are  taxing  their  pockets,  and  all  these  combinations  of  monopolies 
Willi  be  broken  up.  I  would  refer  to  the  general  contentment  of 
all  the  other  railroads,  to  show  that  Congress  has  found  a  criterion 
by  which  we  can  meet  out  justice  to  these  railroads  hereafter. 
Let  us  then  stand  by  it.  It  is  not  tho  little  amount  of  money  in 
dispute  that  I  regard  in  this  matter;  it  is  the  principle,  the  prece- 
dent we  shall  establish.  I  move;to  lay  the  resolution  on  the  table, 
unless  some  other  gentlemen  is  desirous  of  making  some  remarks 
upon  the  question. 

Mr.  PEARCE. — I  wish  to  say  a  few  words  only.  The  act  of 
1839  establishes  the  principle  that  no  larger  sum  than  three  hundred 
dollars  per  mile  shall  be  given  for  one  or  more  daily  lines  upon  a 
railroad.  Now,  this  steamboat  and  railroad  route  .together,  by 
which  the  mail  for  the  sake  of  dispatch,  is  now  proposed  to  be 
carried,  is  one  hundred  and  thirty-one  miles  in  length.  You  give 
lo  the  railroad  between  Baltimore  and  Philadelphia  thirty  thou- 
sand dollars  a  year,  and  the  distance  being  one  hundred  miles,  of 
course  they  get  the  amount  prescribed  by  law,  three  hundred  dol- 
lars per  mile.  By  this  new  railroad  route  two  hundred  and  sixty 
dollars  per  mile  is  asked,  a  smaller  amount  by  the  steamboat  route, 
so  that  they  get  less  than  the  maximum  price  or  amounl  pre- 
scribed by  law.  The  whole  dividend  declared  by  this  company 
during  the  last  ten  years,  amounts  to  less  than  five  hundred  thou- 
sand dollars,  an  average  rate  of  3|  per  cent.  If  they  have  re- 
ceived an  exorbitant  sum  from  the  government  hitherto,  it  was  not 
exorbitant  enough  to  pay  the  ordinary  interest. 

Mr.  UNDERWOOD.— I  rise  for  the  purpose  of  slating  that  I 
think  we  should  not  be  subjected  to  any  extortions  from  corpora- 
tions, similar  lo  what  the  Senator  from  Ohio  has  referred.  The 
line  of  telegraphs  established,  will  be  a  check  upon  extortions  of 
that  character.  Commercial  information,  and  the  great  business 
affairs  of  the  nation,  are  being  cominunicaled  every  d.iy  with  the 
rapidity  of  lightning  through  that  source,  and  sooner  than  submit 
to  extortion  of  any'kind,  I  doubt  not  that  private  correspondence 
can  submit  to  some  inconvenience  for  a  short  period.  I  go  for 
this  resolulion  simply  on  the  ground  that  the  comiuttee  who  in- 
vestigated  it.  and  tho  gentlemen  who  rep:irted  it,  state  that  tho 
sum  asked  is  a  reasonable  one.  If  I  thought  the  demands  of  any 
company  extortionate  I  would  never  submit  to  them.    I  would 


740 


THE  SOUTHERN  MAIL. 


|MoNDAY, 


stand  up  here  in  the  face  of  the  country,  and  protest  against  all 
such  exactions.  I  think  that  we  may  vote  for  this  bill  without  in- 
curring the  danger  pointed  out  by  the  Senator  Irom  Ohio. 

Mr.  DAVIS,  of  Massachusetts. — The  last  ten  years,  I  think, 
liiive  developed  two  things  in  regard  to  postal  arrangements. 
One  is  that  the  public  expect  the  mails  to  be  carried  with  the 
greatest  despatch.  That  is  a  settled  matter.  The  other  is  not 
i-qually  as  well  settled.  A  few  years  since  we  had  a  great  deal 
of  controversy  about  the  mails;  expresses  were  established  on  a 
large  number  of  lines,  and  letters  were  carried  for  five  and  ten 
cents,  which,  by  the  government  mail,  would  cost  eighteen  and  twen- 
ty-five cents.  The  public  mind  North  and  East  was  tending  very 
rapidly  to  dispense  with  all  your  postal  arrangements.  Now,  if 
gentlemen  mean  to  make  despatch  tardy  in  its  progress,  and  ex- 
pensive to  the  public,  the  result  will  he  that  the  people  will  take 
this  whole  matter  into  their  own  hands;  and  you  will  find  that  a 
law  will  be  passed  authorizing  private  expresses  to  run  upon 
mail  and  railroad  routes.  What  becomes  of  your  extreme  and 
thinly  settled  portions  of  the  country  then  '.  How  will  they  be  ac- 
commodated in  regard  to  mails?  These  very  railroads  and  cor- 
)iorations  would  be  glad  to  exclude  every  express  upon  these 
roads  that  they  could — to  have  no  private  expresses  at  all.  When 
one  man  can  do  the  business  of  twenty,  of  course  the  loss  to  the 
railroad  must  be  considerable.  I  would  guard  as  much  as  I  pos- 
sibly could,  against  imposition,  looking  mainly  to  the  great  public 
interests  of  the  country. 

Mr.  HALE. — In  answer  to  the  suggestion  of  the  honorable 
Senator  from  Kentucky,  of  voting  for  the  resolution  under  protest, 
and  bidding  every  body  to  take  notice  of  it,  I  apprehend  the  pro- 
test would  not  be  worth  much,  and  that  the  company  would  be 
vastly  obliged  by  his  vote,  and  very  little  incommoded  by  the  pro- 
test. For  one,  sir,  I  am  going  to  protest  against  the  vote.  The 
gentleman  from  Massachusetts  says  that  certain  sentiments  have 
been  gaining  strength  in  the  public  mind.  1  would  say  that  other 
principles  are  gaining  strength,  in  my  estimation,  far  more  patri- 
otic. When  the  people  see  an  officer  of  the  government  endea- 
voring to  discharge  his  duty  conscientously,  they  will  sustain  him, 
and  they  will  put  up  with  a  great  deal  of  inconvenience,  and  be 
discommoded  a  great  deal  m  their  business,  before  they  see  him 
sacrificed,  because  he  is  determined  to  carry  out  the  principles  of 
the  law.  Where  is  this  thing  to  end — the  field  is  illimitable.  As 
soon  as  we  enter  the  field  of  the  Postmaster  General  w-e  have  pre- 
cedent, and  may  do  the  same  in  the  army  and  navy  departments. 
We  might  as  well  dispense  with  the  whole  at  once,  if  every  time 
one  of  the  contracts  proves  disadvantageous  Congress  is  to  repu- 
diate the  action  of  the  heads  of  the  departments.  If  the  law 
relating  to  this  subject  is  defective  or  inelficient,  let  us  amend 
it.  This  action  of  Congress  is  not  only  an  impeachment  of 
the  Postmaster  General,  but  of  Congress  and  the  President,  for  it 
goes  on  the  assumption  that  the  existing  laws  are  insufficient  to 
remedy  the  evil,  and  tliat  the  officers  elected  to  carry  them  out 
are  mcompelent  to  fulfil  their  duties.  This  eril  being  general  in 
us  character,  requires  general  action  to  remedy  it.  In  reference 
to  the  statement  of  the  honorable  Senator  from  Georgia,  that  my 
remarks  demonstrated  nothing  new  upon  the  subject,  I  would 
say  that  if  1  knew  nothing  about  the  matter,  I  ara  not  entirely 
alone  in  that  position,  nor  have  I  been  very  much  enlightened  by 
the  suggestions  of  the  honorable  Senator  himself.  Another  sug- 
gestion made  is  that  because  it  is  a  very  little  extortion  we  ought 
to  submit  to  it.  May  not  the  evil  increase;  and  if  we  are  com- 
pelled to  pay  three  thousand  dollars  this  year,  are  we  not  as  likely 
to  pay  foiu-  or  six  thousand  dollars  next  year,  and  so  on  in  propor- 
tion every  .succeeding  year  ?  Let  the  action  of  the  government  be 
consistent  with  itself,  its  former  acts,  and  the  general  administra- 
tion of  the  laws  throughout  the  land,  and  not  depart,  upon  the  oc- 
currence of  any  little  inconvenience,  from  the  operation  of  general 
laws,  to  apply  special  legislation  to  remedy  it-  I  renew  the  mo- 
tion of  the  honorable  Senator  from  Ohio  to  lay  on  the  table. 

The  question  being  taken  upon  this  motion,  resulted  as  follows: 

YEAS, — Messrs.  Allen,  Atchison,  Atlierton,  Benton,  liorl.inti,  Bmilbuiy,  Breese, 
Bright,  Davis,  of  Mississippi,  DickiusoD,  DIx,  Felrh,  Foote.  Hale,  Hamlin,  Hous- 
ton, Niles,  Sebastian,  Tumey.  Westoou, — 20, 


NAYS.— Mesirs,  Badger,  Baldwin,  Barrien,  Butler,  Calhoun,  Cameron,  Clarke, 
Clayton,  Corvvin,  Davis,  of  Massachusetts  Downs,  Hannegan,  Hunter,  Johnson,  ol' 
Maryland,  Johnson,  of  Louisiana,  Johnson,  of  Georgia,  Lewis,  Manguni,  Mason, 
.Miller,  Pearce,  Phtip,..  Rusk,  Spruance,  Sturgeon,  Underwood,  Uphatn.  Vulee. — 29. 

So  the  motion  to  lay  on  the  table  was  not  agreed  to. 

Mr.  JOHNSON,  of  Georgia,  then  oflered  the  following  amend- 
ment : 

■'Provided  llie  companies  owning  the  Bay  line  and  the  James  river  line,  now  carry- 
iiigTthe  mail,  relinrpiish  their  present  contr<act  without  claiming  any  damages  to  lie  paid 
liv  the  department." 

A  brief  conversation  here  took  place  between  Messrs.  West- 
coTT,  Allen,  and  M.^son,  as  to  the  connection  of  the  old  and 
new  contracting  parties  on  the  mail  route. 

Mr.  ALLEN  supported  the  amendment  of  the  Senator  from 
Georn^a,  remarking  that  if  the  old  contracting  party  were  willing, 
as  it  declared  it  was,  and  as  he  was  bound  to  believe,  to  give  up 
its  contract  without  claiming  damages,  he  thought  it  would  not  be 
opposed  to  having  its  declaration  appended  in  the  form  of  a  pro- 
viso to  the  i-esolution.  Subsequent  Congresses  took  no  notice  ol  ar- 
guments made  by  Senators  concerning  a  law  as  precedents — of 
nothing  but  what  appeared  on  the  face  of  the  law  in  general. 

Mr.  BRADBURY  stated  that  the  Baltimore  Steam  Packet 
Company  had  sent  to  the  committee  a  letter,  expressing  their 
readiness  to  give  up  their  contiaet  without  claiming  damages; 
and  that  reference  should  be  ra.adc  to  this  offer  in  the  resolution, 
so  that  this  company  should  be  bound  by  it,  or  the  department  re- 
leased from  making  any  new  contract  in  consequence  of  its  re- 
peal. 

Mr.  PEARCE  read  from  a  letter  he  had  received  from  the 
agent  of  the  company,  stating  that  the  board  had  directed  him  to 
iiiform  the  Post  Office  Department  that  they  were  willing  to  rehn- 
quish  their  contract  without  charge  for  damages, 

Mr.  JOHNSON,  of  Georgia,  would  inquire  where  would  be  the 
hardship  upon  the  company  of  adding  the  proviso  he  had  sub- 
mitted to  the  resolution  '.  The  moment  the  Senate  passed  the 
contract,  this  company  would  have  the  government  in  their  power. 
When  embracing  one  set  of  difficulties,  bethought  they  should  see 
ourselves  clear  of  another  set  that  was  likely  to  impede  them. 

No  amendment  being  made,  the  resolution  was  reported  to  the 
Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  resolution  was  read  a  third  time. 

On  the  question,  "Shall  this  resolution  pass?"  it  was  deter- 
mined in  the  affirmative,  as  follows  : 

YEAS.— Messrs,  Badger,  Baldwin,  Berrien,  Bntler,  Calhoun,  Cameron,  Clarke, 
Clayton,  Corvvin,  Davis,  of  Massachusetts,  Downs,  Greene,  Hannegan,  Houston, 
Hunter,  Johnson,  oi'  Maryland,  Johnson,  of  Louisiana,  Lewis,  Mason,  Miller, 
I'earce,  Phelps,  Rusk,  Spruance,  Sturgeon,  Underwood,  Y'ulee, — 27, 

N.\YS. — Messrs,  Allen,  Athertoii,  Benton,  Borland,  Bradbury,  Breese,  Bright, 
Davis,  of  Mississippi,  Dickinson,  Dix,  Fetch,  Foote,  Hale,  Hamlin,  John.^oo,  of  Geor- 
?ia,  Niles,  Sebastian,  Tnrney,  Westcott, — 19. 

On  motion  by  Mr,  PEARCE,  the  last  mentioned  vote  was  re- 
considered, in  consequence  of  an  accidental  omission  in  printing 
the  resolution. 

On  motion,  the  vote  ordering  the  resolution  to  a  third  reading 
was  also  reconsidered. 

The  resolution  was  then  amended,  on  the  motion  of  Mr. 
PE.iRCE,  so  as  to  conform  to  the  original;  andil  was 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  resolution  was  read  a  third  time. 

fieso/pcit,  Tliat  this  bill  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  th» 
House  of  Representatives  therein. 

On  motion. 

The  Senate  adjourned. 


June  20.] 


PETITIONS— PRIVATE  BILLS,  ETC. 


741 


TUESDAY,  JUNE  20,  1848. 


CREDENTIALS. 

Mr.  FELCH  presented  the  credentials  of  the  Hon.  Thomas 
Fitzgerald,  appointed  a  Senator  by  the  Governor  of  the  State 
of  Michigan  to  supply  the  vacancy  occasioned  by  the  resignation 
of  the  Hon.  Lewis  Cass  j  which  were  read,  and  the  oath  prescrib- 
ed by  law  was  administered  to  Mr.  Fitzgerald,  and  he  took  his 
^eat  in  the  Senate. 

REPORT  FROM  THE  WAR  DEPARTMENT. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of 
ihe  Secretary  of  War  made  in  compliance  wilh  a  resolution  of  the 
Senate  showing  the  number  of  recruits  who  have  been  enlisted  in 
the  army  for  and  during  the  war  with  Mexico,  within  the  last 
ninety  days  ;  which  was  read. 

PETITIONS. 

Mr.  PEARCE  presented  the  memorial  of  Emily  Maria  Pink- 
ney,  daughter  of  a  Naval  officer  who  was  drowned  while  in  the 
discharge  of  his  duty,  praying  to  be  allowed  a  pension  :  which 
was  referred  to  the  Committee  on  Naval  Affairs. 

On  motion  by  Mr.  JOHNSON,  of  La.,  it  was 

Ordered,  That  the  petition  of  Margaret  Duval,  and  the  petition 
of  Littleton  Bailey,  on  the  files  of  the  Senate,  be  referred  to  the 
Committee  on  Private  Land  Claims. 

On  motion  by  Mr.  UNDERWOOD,  it  was 

Ordered,  That  William  Nation  and  Rachael  Davis 
to  withdraw  their  petition  and  papers. 


have  leave 


MESSAGE    FROM    THE    HOUSE. 

The  following  Message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  clerk  : 

Ml'.  Presulonl :  Tlie  House  of  Represenlalivcs  liave  passed  liills  of  the  toilowiii^'  ti- 
tles, in  which  tliey  request  the  concurrence  of  the  Senate  ; 

An  act  giving  further  lime  for  satisfying  claims  for  bounty  lands  and  for  other  ]iur- 
poses. 

An  act  further  to  extend  the  lime  for  locating  Virginia  indilar\  laud  uairnnt^  am) 
u>turuing  surveys  thereon  to  the  General  Land  OtEce. 

An  act  to  regulate  the  exchange  of  certain  documents  and  other  publications  ol' 
Congress. 

An  act  to  regulate  the  postage  ou  newspapers,  and  for  other  purposes. 

I  am  directed  to  inform  the  Senate  that,  in  the  absence  ol  the  Speaker,  by  reason  of 
illness,  the  House  of  Representatives  have  this  day  made  choice  ol"  the  Ilou.  Armis- 
TEAD  Burt,  one  of  the  representatives  from  the  State  of  South  Carolina,  as  Speaket 
pro  tempore. 

DISCHARGED. 

On  motion  by  Mr.  RUSK,  it  was 

Ordered,  That  the  Committee  on  Military  Aftars  be  disehargeil 
from  the  further  consideration  of  the  memorial  of  Albert  Pine. 

PRIVATE    BILLS. 

Mr.  RUSK,  from  the  Committee  on  Military  Affairs,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives,  for  the 
relief  of  Dr.  A.  G.  Henry,  of  Illinois,  reported  it  without  amend- 
ment. 

Mr.  MASON,  from  the  Committee  of  Claims,  to  whom  the  fol- 
lowing bills  from  the  House  of  Representatives  were  referred  : 

.\naot  for  Ihe  relief  of  B.  O.  Taylor. 

.\n  act  for  the  relief  of  John  H.  Kaker. 
reported  the  same  without  amendment. 

ADVERSE    REPORTS. 

Mr.  MASON,  from  the  same  Committee,  to  whom  was  referr- 
ed the  petition  of  Arnold  Nandain,  submitted  an  iidver.se  report, 
which  was  ordered  to  be  printed. 

Mr.  MASON,  from  the  same  Committee,  to  whom  was  referr- 
ed the  bill  from  the  House  of  Representatives  for  the  relief  of 
Mrs.  Mary  B.  Penner,  reported  the  same  without  amendment, 
and  submitted  a  special  report  on  the  subject  ;  which  was  ordered 
to  be  printed. 

Mr.  UNDERWOOD,  from  the  same  committee,  to  whom  was 
referred  the  bill  from  the  House  of  Representatives  for  the  relief 
ofAlraedius  Scott,  reported  the  same  without  amendment,  and 
submitted  a  special  report,  which  was  ordered  to  be  printed. 

Mr.  WESTCOTT,  from  the  same  conunittee,  to  whom  was 
referred  the  bill  from  the  House  of  Representatives  for  the  relief 
of  H.  D.  Johnson,  reported  it  without  amendment,  and  submitted 
a  special  report  oa  the  subject,  which  was  ordered  to  be  printed. 


PRIVATE    BILLS. 

Mr.  UNDERWOOD,  from  the  same  committee,  to  whom  was 
referred  the  hill  from  the  House  of  Representatives  for  the  relief 
of  the  widow  of  Elijah  Bragdon,  deceased,  reported  it  without 
amendment. 

Mr.  WESTCOTT,  from  the  same  committee,  to  whom  was  re- 
ferred the  bill  from  the  House  of  Representatives  for  the  relief  of 
Eleanor  B.  Watkins.  widow  of  Gassaway  Watkins,  reported  the 
same  with  amendments,  and  submitted  a  report  on  the  subject, 
which  was  ordered  to  be  printed. 

Mr.  WESTCOTT,  from  the  same  committee,  to  whom  was 
I'eferred  the  bill  from  the  House  of  Representatives  for  the  relief 
of  Samuel  A.  Grier,  reported  it  with  an  amendment,  and  submit, 
ted  a  report  on  the  subject, -which  was  ordered  to  be  printed. 

PRESENTATION    TO    FRANCE. 

Mr.  PEARCE,  from  the  Committee  on  the  Library,  reported 
a  joint  resolution  authorizing  ihe  presentation  to  the  government 
ol  France  of  a  series  of  the  standard  weights  and  measures,  which 
was  read  the  first  and  second  times,  by  unanimous  consent'  and 
considered  as  in  Committee  of  the  Whole;  and  no  amendment  be- 
ing made,  it  wasj-eported  to  the  Senate.; 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  resolution  was  read  a  third  time  by  unanimous  consent . 

Resolved,  That  it  pas^,  and  that  the  title  thereof  be  a^  afore>aid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

HOUSE  BILL  REFERRED. 

The  bill  from  the  House  of  Representatives  giving  further 
time  for  satisfying  claims  for  bounty  lands,  and  for  other  purposes, 
was  read  the  first  and  second  times,  by  unanimous  consent,  and 
referred  to  the  Committee  on  Public  Lands. 

VATTEMARE's    system    of    NATI0N.\L  EXCHANGES. 

The  bill  from  the  House  of  Representatives  to  regulate  the  ex- 
change of  certain  documents  and  other  publications  of  Congress, 
was  read  the  first  and  second  times,  by  unanimous  consent. 

Mr.  PEARCE  remarked  that  the  subject  had  already  been  un- 
der consideration  with  the  joint  Committee  on  the  Library,  and 
there  was  no  necessity  for  a  reference  of  the  bill.  He  hoped, 
therefore,  that  the  Senate  would  take  up  the  bill  and  act  upon  it 
at  onee. 

The  Senate  proceeded  to  consider  said  bill  as  in  Committee  of 
the  Whole;  and  no  amendment  being   made,  it  was  reported  to 

the  Senate 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time,  by  unanimous  consent. 

Repaired,  That  this  bill  pa-ss. 

Ordered,  That  tlie  Secretaiy  notify  the  House  of  Representa- 
tives accordingly. 

BOUNTY    LANDS. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  giving 
further  time  for  satisfying  claims  for  bounty  lands,  and  for  other 
purposes,  reported  it  without  amendment. 

The  Senate  proceeded  to  consider  said  bill  as  in  Committee  of 
the  Whole;  and  no  amehdment  being  ineUe,  il  was  reported  to  the 
Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

lUxohrfd,  That  this  bill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 


HOUSE    BILL    REFERRED. 

The  bill  from  the  House  of  Representatives  further  to  extend 
the  time  for  locating  Virginia  Military  Land  warrants,  and  re- 
turning surveys  thereon  to  the  General  Land  OlBce,  was  read  the 
first  and  second  times,  by  unanimous  con.sent,  and  referred  to  ihe 
Committee  on  Public  Lands. 

The  bill  from  the  House  of  Representatives  making  appropria- 
tions for  certain  fortifications  of  the  United  States  for  the  year  end- 
ing the  30th  of  June,  184}),  was  read  the  first  and  second  times, 
by  unanimous  consent,  and  referred  to  thd  Couuoittee  on  Finance. 


742 


ADULTERATED  DRUGS. 


[Tuesday, 


The  bill  from  the  House  of  Representatives  for  the  relief  of  the 
legal  representatives  of  Joshua  Kennedy  deceased,  was  read  the 
first  and  second  times,  bv  unanimous  consent,  and  referred  to  the 
Committee  on  Indian  Affairs. 

The  bill  from  the  House  of  Representatives  to  regulate  the  post- 
age on  newspapers,  and  for  other  purposes,  was  read  the  first  and 
second  limes  by  unanimous  consent,  and  referred  to  the  Commit- 
tee on  Post  Office  and  Post  Roads. 

The  bill  from  the  House  of  Representatives  to  provide  for  appli- 
cations for  the  renewal  of  patent  rights  in  certain  cases,  was  read 
the  fir-t  and  second  times,  by  unanimous  consent,  and  referred  to 
the  Committee  on  Patents  and  the  Patent  Office. 

PREVENTION  OF  THE  IMPORTATION  OF  ADULTERATED  DRUGS. 

On  motion  by  Mr.  DIX,  the  prior  orders  were  postponed  and 
the  Senate  proceeded  to  consider,  as  in  Committee  of  the  Whole, 
the  bill  from  the  House  of  Representatives  prohil>iting  the  impor- 
tation of  adulterated,  deteriorated  and  misnamed  medicines. 

Mr.  DIX  moved  to  amend  the  bill,  by  striking  out  all  after  the 
enacting  clause  and  inserting  the  bill  on  the  same  subject  reported 
from  the  Committee  on  Commerce  of  the  Senate.  He  said 
the  bill  before  the  Senate  was  passed  by  the  House  of  Repre- 
sentatives, I  believe,  without  opposition.  It  was  unanimously  re- 
ported by  a  select  committee  ot  seven  members  of  that  body,  who 
were  also  members  of  the  medical  profession.  Before  that  bill 
was  reported,  a  similar  bill  had  been  reported  by  the  Committee 
on  Commerce  of  the  Senate.  This  bill  I  propose  to  substitute  for 
the  other  ;  it  ditTers  in  some  respects,  though  not  very  materially, 
in  its  main  provisions  ;  and  the  committee  are  of  opinion  that  it  is, 
in  some  respects,  better  in  its  phraseology.  I.  therefore,  move  to 
strike  out  all  of  the  bill  after  the  enacting  clause,  and  insert  the 
substitute,  which  I  will  send  to  the  Secretary's  table.  The  bill 
has  been  long  on  our  files,  and,  I  presume,  Senat^irs  are  familiar 
with  its  provisions.  Unless  it  is  necessary,  therefore,  I  will  not 
take  up  the  time  of  the  Senate  for  a  moment,  lor  the  purpose  of 
explaining  it.  I  will  only  add  that  the  bill  was  reported  by  me  as 
chairman  of  the  Committee  on  Commerce,  under  its  instructions, 
and  with  my  concurrence. 

Mr.  DICKINSON. — I  do  not  intend  to  vote  against  this  bill, 
but  I  cannot  refrain  from  the  expression  of  my  aversion  to  this 
species  of  legislation.  Nor  do  1  believe  that  the  passage  of  the 
bill  will  prevent  the  evil  for  which  it  is  intended  to  be  an  elfectual 
remedy.  The  material  for  the  raanufaciure  of  these  adnllcrated 
drugs  will  be  sent  here,  and  the  only  dilference  will  be  that  they 
will  be  compounded  on  this  side,  instead  of  the  other  side  of  tie 
water.  To  make  the  bill  effectual,  it  should  provide  that  these 
•drugs  should  not  be  compounded  here — that  no  apothecary  should 
sell  them — no  phvsician  jirescribe  them,  and  no  patient  swallow 
them  '■  I  apprehend  the  passage  of  the  bill  will  be  of  very  little 
avail. 

Mr.  DIX. — Mr.  President  :  This  subject  was  brought  before  the 
Senate  by  a  large  number  of  medical  gentlemen  in  different  parts 
of  the  country,  by  colleges  of  medicine  and  pharmacy,  f-nd  by 
joint  resolutions  of  the  Legislature  of  the  State  of  Mississippi. 

When  the  subject  was  first  presented,  I  confess  I  had  great 
doubt  about  the  propriety  of  legislative  interference  upon  the  gen- 
eral principle  that  trade  should  be  as  little  restricted  as  possible, 
and  that  the  keen-sightedness  of  private  interest  would  always  re- 
ject what  is  false  and  worthless,  and  put  the  proper  estimate  on 
what  is  genuine  and  valuable.  But  on  further  consideration,  and 
especially  on  becoming  acquainted  with  the  circumstances  out  of 
which  the  application  arose,  I  became  satisfied  that  legislation 
was  not  only  proper  but  necessary  to  guard  life  and  health  against 
the  dangers  resulting  from  the  use  of  medicines  which  are  either 
wholly  counterfeit  or  spurious,  or  which  are  so  deteriorated  by  age 
or  adulterations,  as  to  be  unfit  for  medical  purposes. 

The  committee  understand  that,  for  a  number  of  years,  such 
medicines  have  been  imported  in  large  quantities,  and  that  the  evil 
is  constantly  increasing.  They  understand,  al-so,  that  in  most 
countries  in  Europe  it  is  unlawful  to  administer  medicines  which 
are  either  not  genuine,  or  which,  in  point  of  purity  and  strength, 
fall  below  the  established  standards  in  those  countries.  I  have 
not  had  lime  to  examine  tiie  laws  of"  other  countries  excepting 
those  of  Great  Britain,  where  I  find  very  restrictive  regulations  in 
force  in  relation  to  the  business  of  apothecaries. 

As  long  ago  as  under  James  I.  certain  persons  were  incorpo- 
rated, under  ihe  name  of  '■  The  Master,  Wardens,  and  Society  of 
the  Art  and  Mvstery  of  Apothecaries  of  the  citv  of  London,''  with 
perpetual  succession,  &c.  This  corporation  had  certain  powers 
in  respect  to  the  examination  of  drugs  and  medicines  in  apotheca- 
ries' shops.  With  certain  modifications  these  powers  were  con- 
tinued in  force  by  the  act  of  55  George  3,  chap.  199,  passed  in  1815. 
They  authorized  the  society, or  persons  nominated  by  them  and  pro- 
perly qualified  to  go  into  any  apothecary's  shop,  to  search,  survey, 
prove,  and  determine  whether  any  medicines,  simple  or  compound, 
were  "  wholesome,  meet,  and  fit  for  the  cure,  health,  ami  ease  of 
his  Majesty's  subjects,"  and  if  fnund  "false,  unlawful,  deceitful, 
stale,  unwholesome,  corrupt,  pernicious,  or  hurtful,"  the  statute 
required  that  the  said  medicines  should  be  burnt  or  destroyed,  and 
the  persons  having  them  in  possession  were  subjected  to  certain 
fines  and  penalties  specified  by  the  act. 

The  consequence  of  these  restrictions  in  other  ocuntries  is,  that 
infotior  and  adulterated  drugs  aad  medininoa  are  seat   to  tlio 


United  States,  as  we  have  no  custom-house  regulations  to  prohibit 
or  jirevent  their  importation.  The  evil  has  at  lengih  become  so 
great,  that  it  has  led  to  tlie  extensive  and  highly  respeciable  ap- 
plications to  Congress,  on  which  the  action  of  the  committee  was 
founded.  And,  I  may  add,  that  scarcely  a  week  has  passed  during 
the  last  two  months  without  bringing  some  new  complaint. 

The  complaint  of  the  memorialists  was  not  limited  to  the  fact 
that  the  United  States  appeared  to  have  become  a  receptacle  for 
refuse  and  spurious  drugs  :  but  it  staled,  aiso,  that  a  system  of 
adulierailon  in  the  preparation  of  medicines  had  grown  up 
abroad,  with  the  express  purpose  of  introducing  tliem  into  the 
United  States.  At  my  lequest,  the  officer  who  is  charged  with 
the  examinaiion  rif  imports  of  this  character,  wiili  a  view  to  ascer- 
tain ill;  duly  to  be  assessed  on  them,  furnished  me  with  a  state- 
ment, which  is  too  long  to  be  read,  but  from  which  I  will  give. 
from  my  recollection,  some  facts  touching  the  most  striking  of 
these  decepiions  and  frauds — for  such,  1  think,  they  may  be  pro- 
perly termed. 

He  stated  that  he  had,  in  the  period  of  thr'^e  months  preceding 
the  lasl  of  March,  passed  about  7,000  pounds  of  rhubarb  root, 
wholly  unfit  and  unsafe  for  use.  Some  of  it  was  deteriorated  by 
age,  some  worm-eaten,  and  some  wholly  deprived  of  its  virtues  by 
decoction,  for  the  purpose  of  making  the  extract.  It  was  invoiced 
at  a  cost  varying  from  5  to  14  cents,  while  the  East  India  rhubarb 
varies  from  35  to  45  cents  the  pound,  and  the  Russia  and  Turkey 
rhubarb  from  $1  25  to  $2  50  the  pound. 

The  Peruvian  hark,  one  of  the  most  useful  medicines  in  all  parts 
of  the  country,  and  particularly  in  those  which  are  subject  to  in- 
termittent fevers,  is  imported  in  large  quantities  of  inferior  value. 
It  is  bought  up  at  auction,  sent  to  drug-mills,  in  which  it  is  ground 
and  pulverized,  and  its  sensible  qualities  imitated  ;  and  in  this 
form  It  is  administered,  to  the  sacrifice  of  health,  and  sometimes 
undouhtcdly  of  life.  It  comes  chiefly  from  Europe,  and  is  invoiced 
from  2  to  7  cents  the  pound,  while  the  South  American  article  costs 
from  60  lo  SO  cents  the  pound.  The  officer  to  whom  1  have  referred 
states  that  he  has  passed  thousi.nJs  ol  pounds  during  the  past 
year,  like  the  rhubarb  root,  deteriorated  from  age,  cr  rendered 
worthless  by  ihe  artificial  extraction  cf  its  medicinal  virtues.  The 
medicinal  extracts  are  also  imported  in  a  very  impure  state. 
They  were  formerly  "  prepared  with  great  care,  and  of  uniform 
strength,"  but  they  are  now  not  only  made  from  refuse  and  inferior 
drugs,  but  greatly  adulterated" — not  possessing  half  the  proper 
efficacy  of  the  pure. 

I  will  only  detain  the  Senate  by  referring  to  two  other  medicinal 
preparations^lhe  blue-pill  and  the  sulphate  ofquinine,  or  salts  of 
the  Peruvian  bark — the  former,  in  general  use  in  all  parts  of  the 
Union,  and  especially  in  the  warmer  latitudes,  and  the  latter  in 
the  newly  settled  districts  in  the  west. 

The  blue-pill  consisis  of  333  per  ct.  of  mercury,  in  combination 
with  conserve  of  roses  and  extract  of  liquorice  in  like  proportions. 
Large  quaniilics  are  imported  in  an  adulterated  stale;  and,  ac- 
cording to  an  analysis  by  Professor  Reid,  of  the  New  York  college 
of  Pharmacy,  they  are  found  to  coptain — 


Mercury. 

I'^arUiy  cl.iy, 

Prussian  blue.    -  -  - 

Sanil,  ID  conibiuation  with  clay, 

Soluble  saccliarine  mattere,| 

Insoluble  organic  matters, 

Water,  ... 


7.5 
97 
1.5 
o 

34 
12 
16 


The  mercury  and  the  earthy  clay — the  former  being  little 
more  than  one-fourth  of  the  latter — are  equal  to  about  the  quan- 
tity of  mercury  in  the  genuine  blue-pill  mass;  so  that  the  adulter- 
ated has  only  about  one-fifth  part  of  the  proper  proportion  of  mer- 
cury. 

Let  me  now  say  a  word  about  the  sulphate  of  quinine,  or  salts 
of  Peruvian  bark,  in  which  our  friends  in  the  fever  and  ague  dis- 
trie's  are  so  deeply  interested .  There  are  said  to  be  various  modes 
of  adulteration.  The  most  common  is  to  combine  it  with  salicine 
or  salts  of  the  willow  bark,  which  possess  similar  properties,  but 
are  greatly  inferior  in  strength.  They  bear  a  strong  resemblance, 
and  are  not  readily  distinguished  from  each  other,  except  by  an 
experienced  druggist,  though  I  believe  the  two  salts  are  distin- 
guishable by  the  dilference  in  the  forms  of  crystaUization.  It  is 
represented  that  they  are  put  up  in  the  same  manner  as  the  gen- 
uine, and  with  the  names  of  some  of  the  most  distinguished  and 
honorable  foreign  manufacturers  fraudulently  labelled  on  them. 
When  the  western  practitioner  administers  these  spurious  prepar- 
ations, ho  is  astonished  at  the  obstinacv  of  the  disease,  when,  if 
he  knew  the  truth,  his  astonishment  would  all  be  bestowed  upon 
the  extent  of  the  fraud  practised  on  him  and  the  public.  In  order 
to  produce  the  desired  results,  he  is  compelled  to  givo  spoonluls 
where  ho  should  give  grains.  In  this  process  the  disease,  per- 
haps, gets  beyond  his  control,  or  is  aggravated  by  the  very  pre- 
scriptions which  were  designed  to  relievo  it. 

I  have  relerrcd  to  but  very  few  of  the  articles  which  are  im- 
ported in  an  adulterated  state,  or  under  spurious  names.  There 
IS  an  extensive  catalogue  which  I  have  not  touched.  The  only 
question  is  whether  the  legislative  authority  should  he  interposed 
to  prevent  their  ^importation.  If  so,  it  has  been  asked,  why  it 
should  not,  on  the  same  principle,  bo  invoked  to  prevent  the  im- 
portation of  adulterated  liquors  or  articles  of  food?  It  is  believed 
that  a  just  distinction  may  bo  made  between  them.  The  prepara- 
tion of  medicines  is  a  mitter  of  science.  The  principil  countries 
of  Europe  bava  tUeir  standards,  to  vrliicli  all  Uonorablo  manafaQ 


June  20.] 


ADULTERATED  DRUGS. 


743 


tarers  conform.  The  ingredients,  wliich  are  combined  to  form  a 
pariicular  preparation,  must 'be  uniform  in  purity  and  strengtii, 
otherwise  they  cannot  be  prescribed  in  given  quantity  with  any 
certainty  of  piodueing  the  expected  cflfects.  The  moment  the 
standard  is  departed  from,  tho  practice  of  medicine  becomes  un- 
safe, and  at  a  certain  limit  it  becomes  exceedingly  hazardous. 
There  are  uncertainties  enough  about  tho  treatment  of  diseases 
under  tho  most  favorable  circumstances,  wi;hnut  mulliplying  ihem 
by  tho  use  of  spurious  medicines.  lamas  strongly  opjioscd  as 
any  man  can  be  to  any  useless  restrictions  upon  tiie  freedom  of 
trade  and  commerce.  If  life,  as  well  health,  were  not  at  stake, 
there  might  bo  great  doubt  about  tho  propriety  of  legislating  on 
this  subject.  But  the  physician  is  dependent,  in  a  great  degree, 
on  the  apothecary.  He  does  not  ordinarily,  especially  in  the  large 
cities,  prepare  his  own  prescriptions.  He  relies  on  the  apothecary 
to  prepare  them  from  pure  and  genuine  ingredients.  The  apoth- 
ecary is,  in  turn,  dependent  on  the  wholesale  drugcist  for  the 
medicines  which  ho  purchases.  He  is  not  always  able  to  distin- 
guish the  genuine  from  the  counterfeit;  and  even  when  be  is,  lie 
may  be  compelled,  by  the  activity  of  competition,  to  purchase  in- 
ferior medicines  in  order  to  secure  his  accustomed  profits.  The 
only  remedy,  then,  within  our  control  would  seem  to  be  to  prevent 
their  importation.  It  is  true,  as  my  colleague  suggests,  that  if 
they  come  in  pure,  they  may  bo  adulterated  at  home.  But  the  evil 
may  bo  diminished  by  the  provisions  of  tho  bill;  and  State  legisla- 
tion may  still  further  lesson  it  by  providing  guards  against  domes- 
tic adulterations. 

Such,  Mr.  President,  are  some  of  the  evils  the  bill  is  intended 
to  guard  against.  And  with  this  explanation  of  its  objects,  and 
of  the  circumstances  under  which  the  attention  of  the  Committee 
of  Commerce  has  been  directed  to  the  subject,  the  whole  matter 
is  respectfully  submitted  to  the  judgment  of  the  Senate. 

Mr.  DAVIS,  of  Mississippi. — The  subject  of  this  bill  has  ex- 
cited a  great  deal  of  interest  in  tho  State  which  1  have  the  honor 
in  part  to  represent.  It  provides  against  an  evil  which  has  been 
long  felt,  and  which  has  been  increasing  in  magnitude.  So  serious 
has  the  evil  become,  that  in  one  of  the  principal  towns  of  the  State 
tho  physicians  have  associated  themselves  together  in  Iho  estab- 
lishment of  an  apothecary's  shop,  at  wliicli  alone  their  prescrip- 
tions are  made  up.  The  fact  is  notorious,  that  adulterated  drugs 
arc  prepared  in  Europe  expressly  for  tho  American  market.  At 
a  large  establishment  in  Belgium  the  sulphate  of  quinine  is  manu- 
factured in  nn  adulterated  form  in  immense  quantities,  and  sent 
Lore  with  the  French  mark  upon  it.  The  label  is  well  counter- 
feited, and  the  fraud  can  be  detected  only  by  a  skilful  Moalyiiu 
chemist.  0|iium  is  also  imported  in  a  depreciated  form  after  the 
extract  has  been  made.  Tins  evil  is  peculiarly  felt  in  the  western 
co.uihy,  for  it  is  o.i  these  drugs,  which  are  the  principal  subjects 
<  f  adulteration,  that  the  physicians  mainly  rely  in  the  treatment  of 
the  diseases  which  are  most  prevalent  there;  and  besides  the  num- 
ber of  regular  apothecaries  is  comparatively  small,  drugs  being 
usually  sold  in  the  general  stores.  I  am  satislied,  from  conver- 
sation with  gentlemen  in  New  York,  connected  with  the  collec- 
tion of  the  revc^n^e,  that  this  bill  will  have  a  salutary  effect;  and 
I  trust  that  it  may  be  passed  immediately. 

¥t.  DAVIS,  of  Massachusetts. — The  substance  of  the  bill  has 
^  been  recommended  by  the  most  distinguished  physicians  and  apoth- 
ecaries in  the  country.  If  the  manufacture  of  anultcraled  drugs  bo 
commenced  hero,  it  can  be  dealt  with  by  our  domestic  legislatures. 
Let  the  general  government,  in  the  meantime,  do  all  it  can  as  far 
as  the  subject  is  exclusively  under  its  control. 

Mr.  BORLAND. — I  feel  very  desirous  that  this  bill  should 
pass  ;  and  I  rise  merely  for  the  purpose  of  adding  my  approval  of 
the  views  presented  by  the  Senators  who  have  advocated  it. 
There  is  perhaps  some  propriety  in  the  expression  of  my  appro- 
bation of  liio  bill,  inasmuch  as  a  good  many  years  of  my  life  have 
been  spent  in  tho  practice  of  medicine,  and  I  have  thus  had  fre- 
quent opportunities  of  observing  tho  magnitude  of  this  evil  The 
use  of  adulterated  drugs  has  been  so  general  that  the  profession 
of  medicine  has  been  brought  into  disrepute,  and  to  this  (act  I  at- 
tribute in  a  great  degree  the  success  of  empiricism  in  this  coun- 
try. It  may  be  true  that  the  bill  may  not  entirely  remedy  the  evil, 
but  cerjainly  it  will  have  a  most  important  influence  in  cH'ccting 
that  object.  The  cause  of  humanuy  and  science  appeals  to  tho 
Congress  of  the  United  States  to  interpose  their  authority  for  the 
suppression  of  this  crying  evil.  Congress  alone  can  prevent  tho 
importation  from  abroad  of  these  adulterated  drugs,  and  if  the 
manufacture  be  attempted  here,  it  can  be  dealt  with  by  the  local 
Legislatures. 

Mr.  CALHOUN. — I  approve  entirely  of  the  object  of  this  bill, 
but  1  must  say  that  I  have  little  confidence  in  its  effecting  the  ob- 
ject intended,  and  may  in  some  respects  do  harm.  The  evil  can 
be  remedied  only  in  the  manner  alluded  to  by  the  Senator  from 
New  York  [Mr.  Dix,]  as  has  been  done  in  Europe,  by  making 
the  vendors  of  the  article  responsible.  All  other  attempts  will 
fail,  and  the  public  mind  will  be  lulled  into  false  security.  The 
people  supposing  that  our  action  has  eli'ectually  remedied  the  evil, 
will  be  imposed  upon  perhaps  more  than  ever. 

Mr.  DIX  intended  to  have  said  when  he  was  up  before,  that 
this  subject  was  before  a  national  convention  of  medical  gentlemen 
from  all  parts  of  the  country,  held  in  Baltimore  about  two  months 
ago.  They  were  unanimously  in  favor  of  this  measure  Iroin  their 
practical  knowledge  of  existing  evils,  and  their  only  objection  to 


it  was  that  it  was  not  sufficiently  restrictive.  The  committee 
were  of  opinion,  however,  that  wo  should  go  no  farther  than  tho 
provisions  of  the  bill. 

In  respect  to  a  suggestion  from  the  Senator  from  South  Carolina, 
ho  would  only  say  that  this  bill  proposed  only  to  diminish  one  evil, 
that  of  importing  adulterated  medicines.  It  was  all  the  federal 
government  could  do.  Tlfe  evil  of  domestic  adulterations  must  be 
reached,  if  they  could  bo  at  all,  by  State  legislation.  The  Slates 
could  not  reach  the  former  evil,  and  it  is  for  this  reason  we  pro- 
pose to  do  what  we  can  to  remedy  it. 

The  amendment  having  been  agreeiLto,  the  bill  was  reported  to 
tho  Senate,  and  the  amendment  was  concurred  in. 

Ordered,  That  tlie  amendments  be  engrossed,  and  the  bill  read 
a  third  time. 

The  said  bill  was  read  a  third  time  as  amended,  and  the  title 
was  amended. 

iiso/re.i,  Tliiil  lliis  bill  pass  Willi  amcnclriients. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  ifio  amendments. 

THE  St;PREME  COURT. 

On  motion  by  Mr.  BADGER,  the  prior  orders  were  postponed, 
and  tho  Senate  resumed  the  consideration  of  the  bill  to  promote 
the  dispatch  of  business  in  the  Supreme  Court,  and  to  repeal  tho 
second  section  of  the  act  approved  Juno  17th,  1844,  entitled  "  an 
act  concerning  the  Supremo  Court  of  tho  United  Stales,"  on  its 
third  reading  ;  and 

On  motion  by  Mr.  BUTLER,  it  was 
Ordered,  That  the  further  consideration  thereof  be  postponed 
until  to-morrow. 

INDIAN  APPROPRIATION    BILL. 

The  Senate  resumed  the  consideration  of  the  bill  making  appro- 
priations for  the  current  and  contingent  expenses  of  the  Indian 
Department,  and  for  fulfilling  treaty  stipulations  with  the  various 
Indian  tribes  for  the  year  ending  June  30,  1849,  and  for  other 
purposes. 

The  question  pending  was  upon  concurring  in  tho  amendment 
submitted  by  Mr.  Bell,  which  -had  been  agreed  to  in  Committee 
of  the  Whole. 

Mr.  BELL. — I  was  answering  the  argument  of  tho  Senator 
from  Viroiuia  when  the  Senate  odjourncd  the  other  day.  and  I  was 
procecdinff  to  show  the  fallacy  of  the  honorable  Senator's  argu- 
ment, in  which  he  was  contending  that  these  Indians,  according  to 
the  projet  of  the  treaty,  were  not  entitled  to  commutation  for  si.b- 
sistence  and  removal,  because,  as  the  Senator  said,  the  per  capita 
allowance  was  not  included.  If  it  is  not  included  in  the  projet  of 
the  treaty  it  certainly  is  in  a  schedule  that  accompanies  it.  And 
the  provision  of  the  14th  article  only  ffoes  to  say.  that  those  Che- 
rokecs  who  choose  to  remain  east  shall  not  be  entitled  to  tho  iund 
which  was  appropriated  for  the  common  benefit  of  the  tribes  go- 
ins  west.  When  the  Senator  from  Virginia  asked  the  other  day 
what  was  the  consideration  given  for  this  allowance  for  removal 
and  subsistence,  I  inquired  of  the  Senator  in  return  if  the  lands  of 
the  Ir.dians— if  the  entire  country  ceded  by  the  Cherokecs — was 
not  a  sufficient  consideration  for  any  stipulations  in  their  behalf. 
He  stated  that  the  Indians  had  been  jiaid  for  their  imprnvemfnts. 
So  they  may  have  been,  but  that  was  a  distinct  specification. 
Some  of  them  had  made  valuable  improvements,  erected  excellent 
building's,  and  some  o(  them  were  in  possession  of  profitable  fer- 
ries. They  were  entitled  to  be  paid  for  these  things.  But  tho 
Senator  asks,  what  further  claims  can  they  have  upon  the  govern- 
ment ?  Their  claims  for  spoliations,  he  says,  were  satisfied.  Spo- 
liations by  whom?  By  the  people  of  the  United  Stales  com- 
mitted upon  the  property  of  the  Indians!  Was  the  payment  for 
these  spoliations  an  equivalent  for  their  lands?  Certainly  not.  I 
have  shown  that  to  those  who  desired  to  remain  east  the  Pi csi- 
dent  has  said,  you  shall  have  your  commutation  money  though  you 
do  not  go  west. 

[Mr.  B.  here  read  from  a  speech  of  the  commissioner  of  the 
Indians  at  one  of  the  councils  that  was  held  for  the  purpose  of 
forming  the  treaty.] 

•  This  was  the  council  preceding  that  at  which  the  treaty  was  ra- 
tified. This  clause  shows  the  pec  capita;  this  supplies  the  omis- 
sion: shows  how  the  commissioner  who  negotiated  the  ireaty  tin 
derstood  it.  And  wo  have  also  the  evidence  of  Rogers,  and  of 
Hanson  of  Georgia,  who  are  stated  by  the  Senator  from  Georgia  to 
be  most  respectable  authority,  that  those  Indians  who  remained 
were  to  be  entitled  to  the  same  commutation  as  those  who  removed 
west,  and  Mr.  Schermerhorn,  also,  says  that  this  was  the  case. — 
I  stated  in  my  former  argument,  that  if  it  were  true  that  this  com- 
mutation was  not  granted  by  the  treaty,  it  would  be  a  cross  fraud 
upon  tho  Indians,  because  the  evidence  shows  that  they  so  under- 
stood it— the  commissioner  so  informed  them— that  they  should 
have  the  commutation  for  removal  and  subsistence  although  they 
remained  east.  If  it  were  tak«n  out  of  the  five  million  fund,  it 
would  be  grossly  unjust  towards  the  Indians.  That  portion  ol  the 
Cherokecs  who  have  emigrated  west  have  been  paid  at  the  rate  of 
upwards  of  one  hundred  dollars  each,  and  one  hundred  and  eiirhty 
thousand  dollars  only  remain  for  the  payment  of  this  per  capita. 
And  this  is  all  they  are  to  receive  for  the  country  which  they  sur- 


744 


INDIAN  APPROPRIATION  BILL. 


[Tuesday, 


rendered,  and  which  has  been  sold  for  half  a  million  of  dollars,  as 
has  been  stated  here  ;  for  the  government  did  not  permit  thorn  to 
retain  an  acre  of  iheir  land.  So  much  for  the  justice  of  the  claim, 
50  much  for  the  understandinc  of  the  parties  at  the  time  the  en- 
gagement was  entered  into  ;  so  much  for  the  gross  injustice  that 
will  be  done  to  the  Indians  if  you  do  not  grant  this  allowance  ;  so 
much  for  the  outrageous  fraud  that  will  he  perpetrated  upon  the 
delcnceless  Indians  by  a  powerful  people,  who  make  trcatios  and 
then  construe  them  according  to  their  own  will  and  pleasure. 

But  it  is  said,  that  the  Senate,  if  they  admit  the  principle  in  this 
case,  are  in  danger  of  pledging  themselves  to  the  payment  of  much 
larger  sums;  and  that  we  should  therefore  wait  and  consider  fur- 
ther before  we  decide.  I  have  stated,  I  repeat,  that  these  Indians 
have  waited  already,  for  their  just  dues,  thirteen  years,  and  how 
much  longer  does  the  Senator  iVom  Virginia  wish  them  to  wait. 
It  IS  said  by  the  Senator  IVom  New  Hampshire,  and  repeated  by 
the  Senator  from  Virginia,  that  the  Indians  in  North  Carolina  have 
received  their  equal  portion  of  their  claims  for  improvement,  and 
for  ferries,  and  for  spoliations.  If  they  have  received  SI,500.00U, 
lor  spoliations  and  improvements,  then  one-lifth  of  the  entire  tribe 
that  reside  in  North  Carolina,  only  received  $150,1100,  according 
to  the  Senator's  own  exposition  of  the  facts  derived  from  the 
commissioner  of  Indian  Affairs;  being  one-tenth  of  the  whole  sum. 
Every  step  that  you  advance  in  this  investigation,  shows  the  in- 
justice that  has  been  done  to  the  Indians  east.  But,  sir,  to  whom 
were  these  allowances  for  improvements  made  ?  They  were  made 
to  the  richer  and  more  thrifty  Indians;  those  who  had  made  con- 
siderable improvement — for  none  other  were  paid  for — leaving  the 
great  body  of  the  Indian  family  in  North  Carolina,  without  the 
payment  of  a  single  cent. 

Now,  sir,  as  to  the  other  points  at  issue  in  the  amendment. 
.\s  to  the  payment  of  interest.  The  I2th  article  of  the  treaty 
stipulates,  that  all  the  personal  benefits,  or  allowances,  shall  be 
paid  to  the  Indians  of  the  Cherokee  tribes  that  remained  east,  as 
soon  as  an  appropriation  was  made  for  that  purpose.  Sirfetly 
speaking,  the  interest  is  due  upon  the  conuuutation  fund  from  the 
date  of  the  ratification  of  the  treaty,  or  perhaps  a  3'ear  or  two  af- 
ter, by  way  ol  a  reasonable  allowance  of  time,  for  the  settlement 
of  the  accounts  between  the  United  States  and  all  the  Indians,  in 
order  to  ascertain  what  was  done,  and  to  take  the  census,  so  as  to 
ascertain  how  many  Indians  were  determined  to  remain  east;  and, 
therefore,  as  I  said,  I  have  no  objection  to  the  proposition  to  re- 
duce the  interest  that  is  to  be  paid.  But  it  is  said,  why  pay  this 
ciut  of  the  Treasury  of  the  United  States  ?  why  not  pay  it  out  of 
ihis  $184,000,  the  remainder  of  the  Indian  fund  ?  Because  that  is 
already  a  fund  that  is  due  to  the  Indians.  You  cannot  take  the 
interest  upon  a  debt  due  to  them  in  '35  or  '40,  out  of  a  general 
fund,  stipulated  to  be  paid  to  them  for  their  property.  With  what 
propriety  can  you  diminish  the  fund  that  has  been  set  ajiart  for  the 
Indians,  by  taking  a  part  of  it  to  pay  the  interest  upon  the  whole? 
I  think  there  is  no  plausible  ground  for  taking  the  interest  out  of 
the  five  million  fund.  And  I  think  when  you  come  to  investigate 
the  whole  question,  although  it  would  require  loo  much  time  to 
go  over  all  the  arguments  now,  you  must  come  to  the  conclusion 
upon  the  clearest  and  strongest  grounds,  that  the  money  should 
come  out  of  the  Treasury. 

Mr.  HUNTER. — The  Senator  from  Tennessee  supposed  I  had 
gone  a  little  out  of  the  way  to  make  an  attack  upon  the  Commit- 
mittee  on  Indian  Affairs.  The  Senator  is  entirely  mistaken.  I 
only  assorted  that  this  proposition  is  entirely  out  of  place  in  the 
Indian  appro|niation  iiili. 

[Mr.  H.  road  and  commented  upon  the  8lh  and  12tli  articles  of 
the  treaty,  contending  that  a  wrong  interpretation  had  been  upon 
them  by  the  Senator  from  Tennessee,  and  the  Senator  from  North 
Carolina.  He  maintained  in  reference  to  the  word  claim,  that  it 
was  designed  to  include  only  those  claims,  for  which  there  was  a 
sufficient  consideration;  and  that  the  consideration  for  a  claim  of 
ibis  nature  was  the  act  of  removal;  and  that  it  was  as  reasonable 
to  permit  those  Indians  who  had  received  nothing  for  spoliations, 
to  come  in  and  participate  in  the  funds,  as  it  was  to  allow  to  those 
who  did  not  remove,  commutation  money.  He  went  further  and 
assorted,  that  according  to  the  constructh)n  which  they  put  upon 
the  12th  article  of  the  treaty,  those  Indians  who  did  not  remove, 
were  placed  upon  a  Vjetter  footing  than  those  who  did  remove.] 

But  the  Senator  from  Tennessee  has  insisted,  ihat  if  the  treaty 
did  not  bind  the  United  States,  to  make  this  allowance  to  the 
Cherokces  in  North  Carolina,  we  were  nevertheless  bound  by 
the  assurances  which  had  been  given  to  them  by  the  Presi- 
dent and  the  commissioner.  Sir,  I  pointed  out  when  I  was  up 
before  the  dilVerencc  between  the  14th  article  of  the  projel. 
and  the  8th  article  of  the  treaty.  lint,  sir,  the  Senator  re- 
fers to  certain  assurances  given' by  the  commissioner  to  the 
Indians,  that  the  Indians  who  remained  east  were  to  have  this 
allowance.  I  confess,  I  did  not  understand  how  it  was,  that  this 
mistake  could  have  arisen,  if  it  was  a  mistake,  but  I  think  I  can 
see  how  the  Senator  might  have  fallen  into  it.  The  gen- 
tleman has  confounded  the  pioji'l  with  the  treaty.  But  I  say, 
as  1  said  before,  I  would  not  permit  a  commissioner  who  had  exe- 
cuted a  treaty  to  come  here  and  substantiate  his  understanding  of 
it  by  parole  evidence.  The  written  instrument  expresses  one 
thing,  and  he  says  in  his  testimony  some  years  afterwards,  that  it 
meant  another  thing.  If  we  proceed  in  this  way  it  is  manifest 
that  it  will  hereafter  bo  dilficuit  to  avoid  applications  of  a  similar 
kind.  But  the  Senator  from  Tennessee  says,  that  there  is  no 
magnanimity   in   saying  that  wc   will   deal   liberally   and   justly. 


Well,  sir,  I  do  not  think  that  any  great  magnanimity  is  requisite. 
I  am  willing  to  act  liberally  and  justly.  I  am  willing  to  do 
all  that  can  reasonably  be  required.  1  do  not  say  I  would 
give  them  less  than  they  are  entitled  to,  but  I  object  to  this  mode 
of  doing  it,  because  it  is  permitting  a  claim  to  be  set  up  for  remo- 
val and  subsistence  to  which  they  are  not  entitled.  But  there  is 
another  objection  which  I  think  the  Senator  from  Tennessee  has 
not  fairly  met.  This  bill  proposes  to  take  the  money  out  of  the 
Treasury  of  the  United  States.  Now  I  ask,  if  they  are  entitled 
to  this  allowance  at  all,  is  it  not  manifest  that  it  should  come  out 
of  the  five  million  fund?  If  we  take  the  money  out  of  the  Treasu- 
ry, will  not  these  who  have  removed  west,  have  a  right  to  come 
and  claim  a  similiar  allowance?  They  have  a  better  and  stronger 
claim.  I  admit  that  the  Indians  who  remained  in  North  Carolina 
have  not  received  so  much  benefit  from  the  treaty  as  those  who 
removed  west,  and  it  was  the  design  of  the  treaty,  that  thev 
should  not.  It  was  the  design  of  the  treaty  that  they  should  all 
remove  west,  and  there  receive  lands  as  valuable  as  those  in  the 
east.  But  if  any  remained,  it  was  intended  to  make  a  difference 
between  them  and  those  who  removed.  The  Senator  from  North 
Carolina,  and  the  Senator  from  Tennessee,  seem  to  bj  ignorant  as 
to  what  the  North  Carolina  Indians  have  received.  They  sav 
they  have  received  nothing,  and  yet  I  find  upon  a  referrenee  to  a 
statement  of  the  Commissioner  of  Indian  Affairs,  that  they  have 
received  about  one  hundred  and  eighty  thousand  dollars. 

Mr.  BELL. — That  was  under  a  prior  treaty. 

Mr.  HUNTER. — It  was  an  allowance  as  I  understand  it, 
made  under  this  treaty.  And  now,  if  this  per  capita  fund  is  re- 
duced by  the  enormous  allowances  for  removal  and  subsistence  to 
those  Indians  who  have  gone  west,  it  is  not  the  fault  T)f  the  treaty, 
it  is  the  fault  of  those  who  have  managed  the  business  so  badly. 
I  cannot  believe  that  it  was  intended  to  give  the  Indians  the  ben- 
efit of  the  provisions  of  the  treaty  unless  they  removed. 

Mr.  ATHERTON  moved  to  amend  the  amendment  by  adding 
thereto  the  Ibllowing  : 

"  Prouiiled  Thai  llie  amount  herein  lemiirpii  to  lie  I'uiKied  for  tiie  benefit  of  Uiesalri 
Cherokees  of  North  Carolina,  and  the  amount  re(]tiire(i  to  lie  paid  lo  them  Kliall 
lie  eliar^ied  to  the  general  Cherokee  fnnd.  iiniler  the  treat\  of  New  Ki-hota,  and  shall 
be  reiinljinied  therefrom." 

Mr.  NILES. — At  this  stage  of  the  question,  this  amendment  is 
undoubtedly  proper.  The  allowance  is  claimed  upon  several  grounds, 
and  as  one  ground  in  particular  it  is  claimed  under  the  provisions 
of  the  treaty,  and  upon  that  ground,  the  amendment  is  proper. 
The  United  States  have  kept  this  fund  in  trust,  and  when  the 
matter  ultimately  comes  up  for  settlement  we  may  have  to  add  to 
fund,  but  inasmuch  as  this  application  is  made  upon  the  ground  of 
the  treaty,  in  that  view  of  it,  it  is  certainly  a  proper  and  satisfac- 
tory ground.     I  hope  the  amendment  will  be  adopted. 

Mr.  BELL. — I  want  to  state  in  regard  to  this  whole  question, 
that  I  have  no  other  desire  than  that  justice  shall  be  done  to  these 
Indians,  and  to  the  government.  With  regard  to  taking  the  inter- 
est out  of  the  remainder  of  the  five  million  fund  which  is  now  re- 
duced it  appears  to  $184,000,  it  would  absorb  the  principal  part 
of  the  fund  out  of  which  they  are  entitled  to  receive  their  per  cap- 
ita. It  is  their  fund  already  ;  and  supposing  the  Indians  that  re- 
main to  be  but  1250,  when  this  sum  comes  to  be  divided  amongst 
them,  after  taking  out  the  interest  they  will  have  but  some  10  or 
12  dollars  a  piece  about  one  fourth  part  of  what  they  are  entitled 
to  as  commutation  money.  The  Senator  may  vote  to  take  it  out 
of  this  fund,  but  it  is  only  robbing  one  fund  to  pay  another.  If 
the  Senate  choose  to  adopt  the  amendment,  1  can  only  say  that 
I  have  discharged  my  duty  in  laying  before  them  the  claims  of 
these  Indians.  It  is  in  the  power  of  the  Senate  to  manage  it  in 
this  way  if  they  think  proper,  but  it  is  certainly  an  extraordinary 
mode  of  discharging  our  obligations,  to  pay  to  these  Indians  in- 
terest out  of  their  own  money. 

Mr.  PHELPS. — 1  have  listened  with  a  good  deal  of  attention, 
and  it  has  struck  me  that  if  the  proposition  should  be  adopted,  the 
money  must  necessarily  be  taken  out  of  the  Indian  fund.  The  Se- 
nator from  Tennessee  insists,  not  so  much  upon  the  construction 
of  the  treaty,  as  he  does  upon  the  consideration  that  the  treatv 
was  misrepresented  to  ihc  Indians  ;  that  they  were  deeeivevl.  But 
ccrlainlv  il  the  Indians  understood  that  commutation  was  to  be 
allowed  them,  they  certainly  must  have  understond  that  it  was  to 
come  out  of  this  fund.  I  confess  I  can  see  no  possible  grounds 
upon  which  this  should  be  made  a  charge  on  the  Treasury  of  the 
United  States.  On  the  contrary  I  can  see  many  very  satisfactory 
reasons  why  it  should  not  bo.  If  you  makti  an  allowance  to  one 
portion  ol  the  portion  of  the  tribe  out  of  the  Treasury,  you  will 
be  called  npon  when  other  allowances  are  granted  to  pay  them 
from  the  same  source.  With  respect  to  the  allowance  to  these 
Indians  who  remained,  the  conclusion  at  which  I  have  arrived  in 
my  own  mind,  is,  that  although  the  United  States  undertook  to 
remove  them,  it  was  to  be  at  the  cxpen.sc  of  the  Indians  ultimately  ■ 
Here  is  a  stipulation  that  certain  allowance  is  to  he  given  on  con- 
dition that  they  remove.  The  removal  being  a  condition  prece- 
dent. The  stipulaiion  must  be  taken  with  the  <'ondition.  It 
cannot  bo  converted  into  an  absolute  grant  of  so  much  money.  It 
is  to  be  made  absolute  only  by  complying  with  the  condition. — 
This  seems  to  me  to  be  the  true  interpretation.  But  it  is  said  the 
treaty  enumerates  all  the  benefits,  including  their  improvements, 
and  jafr  capita.  What  does  this  term  per  cnpi/n  moan  '  Why 
most  unquestionably,  as  the  attorney  general  tells  you  in  his  opin- 


June  20.] 


INDIAN  APPROPRIATION  BILL. 


745 


ion,  a  division  of  the  residue  of  the  funds,  after  compensation  lias 
been  made  for  expenses  incurred.  But  it  was  said  tliat  the  piojet 
or  draft  of  tlie  treaty  furnishes  a  true  interprelalion  of  the  undor- 
standin;;  of  tlio  negotiators.  The  draft  enumerated,  not  only  the 
])cr  ciiiiita,  but  the  allowance  for  removal  and  subsistence.  But 
it  is  saul  that  certain  representations  were  made  at  the  time  of  ne- 
■iotiatin<r  the  treaty  which  we  were  now  called  upon  to  substan- 
tiate. JJut  if  n-e  are  to  be  governed  by  the  treaty  at  all,  we  must 
take  it  as  the  Senate  ratified  it.  I  cannot,  for  one,  lose  sight  of 
the  dangerous  tendency  of  legislating,  not  upon  the  treaty  as  rati- 
fied by  the  Senate,  but  for  the  purpose  of  carrying  into  effect  the 
subse(iucnt  explanations  of  intention  as  ccrtilied  to  by  any  indi- 
vidual however  respectable.  I  am  willing,  as  I  doubt  not  the 
whole  S'inate  are,  to  do  justice  to  these  Indians  if  any  injustice 
has  been  done  them;  but  I  am  not  willing  that  it  shall  be  done  in 
this  w.ay.  I  dislike  to  have  such  an  appropriation  inserted  in  an 
appropriation  bill,  and  have  it  sustained  U|)on  general  considera- 
tions of  ]M'eviniis  injustice  to  the  Indians. 

I  do  not  consider  this  a  fit  subject  to  be  engrafted  upon  an  ap- 
propriation bill.  It  is  a  case  which  very  few  seem  to  understand: 
It  seems  to  be  a  iiucstiou  of  a  coupled  character  growing  out  of 
the  whole  course  of  negotiation  with  these  Indians.  Let  it  then 
stand  by  itself.  Let  it  come  up  at  a  proper  lime,  when  tlie  Sen- 
ate can  enter  into  its  examination,  and  decide  upon  its  merits  ir* 
respective  of  any  other  subject. 

Mr.  ATHERTON. — I  merely  wish  to  s.ay,  in  regard  to  the  in- 
terest provided  for  by  the  amendment  of  the  .Senator  from  Ten- 
nes.soe,  who  objects  to  its  being  paid  out  of  the  Cherokee  fund, 
that  there  is  no  reason  that  can  operate  against  the  payment  of 
the  interest  out  of  that  fund,  if  interest  is  to  be  paid  at  all.  My 
amendment  does  not  embrace  the  question  whether  interest  is  to 
be  paid,  but  if  interest  is  to  be  paid,  it  provides  that  it  shall  be 
paid  out  of  that  fund.  If  this  amount  is  due  to  the  North  Caro- 
lina Indians,  it  is  due  upon  the  ground  of  the  treaty.  And  if  inter- 
est is  also  due,  there  is  no  reason  why  the  interest  should  not  be 
paid  out  of  the  Cherokee  fund,  as  well  as  the  principal  itself. — 
There  is  no  pretence  that  the  treaty  provided  that  this  sum  for 
removal  and  subsistence  should  be  paid  out  of  the  Treasury.  Is  it 
pretendeil  by  the  Senator  from  Tennessee  that  any  assurances 
were  given  to  the  Indians  that  it  should  be  paid  out  of  the  TrJ^- 
sury  >.  Not  at  all.  In  all  the  proceedings  of  the  government  in 
relation  to  this  matter,  it  is  distinctly  kept  in  view  that  this  al- 
lowance is  to  come,  not  out  of  the  Treasury,  but  out  of  the  Chero- 
kee fund;  and  the  additional  appropriations  that  had  been  made, 
were  made  upon  the  condition  that  they  were  to  be  in  full  for  all 
the  claims  the  Indians  might  have.  They  were  voluntary  grants, 
not  required  by  the  treaty,  but  given  merely  to  induce  the  Indians 
probably  to  remove.  This  claim  has  been  submitted  to  various 
Secretaries  of  War,  and  their  opinions  have  been  uniform  against  it. 

Mr.JBELL. — -Having  ofl'ered  this  proposition  to  the  Senate.  I 
might^ecording  to  forensic  usage,  have  the  privilege  of  rejilying. 
Hut  I  shall  not  lake  up  the  time  of  the  Senate.  I  merely  wish  to 
say  that  both  the  Senator  from  New  Hampshire  and  the  Senator 
from  Vermont  have  totally  denied  the  ground  upon  which  I  placed 
my  amendment,  and  I  think  I  have  a  right  to  ask  my  honorable 
friend,  the  Senator  fnun  Vermont,  who  is  a  member  of  the  Com- 
mittee on  Indian  Affairs,  whether  ho  has  paid  the  slightest  atten- 
tion to  the  subject  until  this  discussion  arose. 

Mr.  PHELPS.— The  only  information  I  have  derived  is  from 
what  has  taken  place  here  recently. 

Mr.  BELL. — I  wish  further  to  state,  that  the  Senator  is  mista- 
ken in  regard  to  every  leading  fact  or  argument  upon  which  his 
position  is  founded.     The  Senator  says  that  he  understood  this  cx- 

30th  Cong. — 1st  Session — No.  94. 


pense  of  removal  and  subsistence  was  to  be  paid  out  of  the  Indian 
fund,  and  the  Senator  from  New  Hampshire  still  persists  in  argu- 
ing the  question  upon  that  ground,  notwithstanding  that,  upon 
three  separate  occasions,  I  have  read  authority  to  show  that  that 
was  not  the  understanding. 

Mr.  PHELPS. — I  said  I  understood  that  the  expense  of  remo- 
val was  to  be  paid  out  of  the  Indian  fund,  because  the  15th  article 
of  the  treaty  expressly  so  stated.  I  presume  that  if  the  Indians 
arc  competent  to  enter  into  a  treaty,  they  must  be  bound  by  it. 

Mr.  ATHERTO-N'.— The  agreement  that  was  signed  by  Mr. 
Thomas  and  the  Indians  themselves,  recognizes  the  fact  that  the 
money  lor  removal  and  subsistence  was  to  come  out  of  this  fund. 
I  have  a  letter  from  ihe  Secretary  of  War  to  General  Scott,  who 
was  engaged  in  the  removal  of  the  Indians,  in  which  it  it  stated, 
that  the  expense  was  to  come  out  of  tlic  fund,  and  that  in  no  event 
would  the  Executive  deem  it  expedient  to  recommend  to  Congress 
to  increase  the  fund. 

M--.  BELL. — That  is  not  at  all  contradictory  of  what  I  said. 

The  question  being  put  upon  agreeing  to  the  amendment  to  tlio 
amendment  — 

Mr.  ATHERTON  demanded  the  yeas  and  nays,  which  were 
ordered,  and  it  was  determined  in  the  negative  as  loUows  : 

YEAS. — Messrs.  Allierloii,  ncnloii.  llorland,  Bradbury,  llrocvc,  Briglil,  Pavis.  of 
Mississippi,  Dickinson,  [)ix.  Downs,  Foote,  Ilarnliii,  Hiintor,  Johnson,  of  Ga.,  Mu- 
son,  riiefps,  Sturgeon,  Turney,  Westcou.  Vniee. — yd. 

NAYS.— Messrs.  Hailger.  l!al<U\in,  lioll,  Burticn.  Tinller,  Clarke,  Corwin,  Davis, 
of  iV1a,saclinselts,  Creene.  Hale.  Iloiisto-i,  .Tujinson,  of  M<l.,  Johnson,  of  I. a.,  Lewis, 
Mangiiin,  Miller,  Rusk,  lispruance,  ITnUerwooil,  Uphain. — 20. 

The  Senate  being  equally  divided,  the  Vice  President  deter- 
mined the  question  in  the  negative. 

On  the  question  to  concur  in  the  amendment  of  Mr.  Bell,  as 
agreed  to  in  Committee  of  the  Whole  — 

Mr,  ATHERTON  demanded  the  yeas  and  nays,  which  were 
ordered,  and  it  was  determined  in  the  affirmative  as  follows  : 

YEAS.— Messrs,  Iladger,  RaMwin,  IJell,  Benton,  Berrien,  Boiler,  Clarke,  Corwin, 
Davis,  of  Mass.,  Downs,  Greene,  Hale,  Houston,  Johnson,  of  M«i.,  Johnson,  of  La., 
Lewis.  Mangnrn,  Miller,  Niles,  I'earce,  Rnsk,  Hpruance,  L'nderwood,  L'pliam. — 24. 

N.AYS. — Messrs.  Atlierton,  Borland,  Hradhurv.  Ureeso,  Brij,'hl,  Davis,  of  Miss., 
Dickinson,  Dix,  Felch,  Foote,  Haniliu,  IlunUr,  Johnson,  of  (Ja.,  Mason,  Phelps, 
Sturgeon,  Turuey,  WesUoU,  Yulee.  —HI. 

The  question  recurring  on  concurring  in  the  amendment  of  Mr. 
Sebastian,  as  agreed  to  in  Committee  of  the  Whole,  it  was  de- 
termined in  the  affirmative.  -^ 

Mr.  HANNEGAN  submitted  an  amendment,  authorizing  the 
Secretary  of  War  to  issue  certain  certificates  to  the  Pottawatta- 
mies,  which  was  agreed  to. 

Ordered,  That  the  amendments  be  engrossed,  and  the  bill  read 
a  third  time, 

Mr,  ATHERTON  objected  to  the  third  reading. 

The  PRESIDING  OFFICER  stated  that  it  did  not  require  the 
unanimous  consent  of  the  Senate  for  the  third  reading  of  the  bill 
on  this  day. 

Upon  the  question — "shall  this  bill  bo  now  read  a  third  time?" 
— it  was  determined  in  the  affirmative. 

The  said  bill  was  read  a  third  time. 

The  question  being  on  the  passage  of  the  bill — 

On  motion. 

The  Senate  adjoarned. 


746 


PETITIONS— RESOLUTIONS,   ETC. 


[Wednesday, 


WEDNESDAY,  JUNE  21,  1848. 


KEPORT  FROM  THE  TREASURY  DEPARTMENT. 

The  VICE  PRESIDENT  laiil  before  the  Sanate  a  report  of  the 
Secretary  of  tlie  Treasury,  made  in  obedience  to  a  resolution  of 
the  Senate,  showing  the  amount  of  hospital  money  received  at 
each  cif  the  custom  liouses  of  the  United  States,  in  each  year  from 
1833  to  30th  June,  1847  ;  and  the  amount  expended  in  each  year 
for  the  seme  period  ;  which  was  read  and  ordered  to  be  printed. 

PETITIONS. 

Mr.  ATCHISON  presented  a  petition  of  citizens  of  Mis.souri, 
praying  the  establishment  of  a  mail  route  from  Sand  Hill  to 
Kinksville  in  that  State  ;  which  was  referred  to  the  Committee  on 
the  Post  Otfice  and  Post  Roads. 

Mr.  JOHNSON,  of  Maryland,  presented  the  memorial  of  L. 
Warrington,  for  himself  and  the  officers  and  crew  of  the  United 
States  slooop-of-war  Peacock,  praying  the  payment  of  certain 
prize  money  due  ihcm  and  improperly  retained  in  the  Treasury  ; 
which  was  referred  to  the  Committee  on  Naval  Afl'airs. 

COURT    OF    INQUIRY    AT    SALTlLLp,    MEXICO. 

Mr.  MANGUM  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to  : 

Kesotvrd,  That  liie  Prfsiilcnt  be  refiuesled  lo  comiliuiliaate  to  the  Senate  the  pro- 
ceedings of  the  court  of  inquiry  wliieli  convened  at  Saltillo,  Mexico.  January  I'iUi, 
IWS,  and  winch  was  constituted  for  the  pnrnose  of  Obtaining  fnil  information  lelalive^ 
to  an  alleged  mutiny  in  the  caDij)  at  liuena  Visla,  Mexico,  on  or  about  the  I.5tli  of 
Aogust.  1847,  wbicii  lead  to  the  death  of  one  of  the  soldiers,  by  the  hand  of  Colonel 
Paine  of  the  regiment  of  North  Carolina  volunteers,  and  for  the  purpose  of  investigat- 
ing the  facts  connscted  with  the  dishonorable  discharge  of  certain  officers  oflheNorth 
Carolina  volnnteers. 

THE  PRIVATE  CALENDAR. 

Mr.  MASON  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to  : 

R<;solvtd,  That  Saturday  next,  the  24th  of  June,  lee  set  apart  for  Ilie  consideration 
of  private  bills,  and  that  at  one  o'clock  P.  M.  on  that  day  the  Senate  will  proceed  to 
the  consideration  of  those  bills  to  the  e.xclnsson  of  all  other  bnsiness. 

PRIVATE    BILL. 

Mr.  BRIGHT,  from  the  Committee  on  Revolutionary  Claims, 
to  whom  was  referred  the  petition  of  the  legal  representatives  of 
George  Gibson,  deceased,  submitted  a  report  accompanied  by  a 
bill  for  their  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Otdcred,  That  the  report  be  printed. 

ADVERSE    REPORT. 

Mr.  WESTCOTT,  from  the  Committee  on  the  Judiciary,  to 
whom  was  referred  the  petition  of  John  B.  Luce,  submitted  an  ad- 
verse report,  which  was  ordered  to  be  printed. 

PRIVATE    BILLS. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  the  following  bills,  from  the  House  of  Represent- 
atives, were  referred  : 

An  act  for  the  relief  of  James  Fugate. 

An  act  for  the  relief  of  Samuel  Gray.  '■    ■. 

An  act  for  the  relief  of  John  Hibbert. 

Ah  act  for  the  relief  of  Lewis  Hastings. 

An  act  foa  the  Jelief  of  Eliphias  C.  Brown — 
reported  the  same  without  amendment. 

DISCHARGE    AND    RECOMMITTAL. 

On  motion  by  Mr.  BUTLER,  it  was 

Ordered,  That  the  Committee  on  the  Judiciary  be  discharged 
from  the  consideration  of  the  bill  for  the  relief  of  John  Millikin 
and  othors,  to  secure  rights  of  pre-emption  in  the  State  of  Louis- 
iana, and  for  other  purposes,  and  that  it  be  recommitted  to  the 
Committee  on  Public  Lands. 

PRIVATE    BILL. 

Mr.  BERRIEN,  from  the  Committee  on  the  Judiciary,  to 
whom  was  rclerred  the  )ietition  of  James  Chapman,  administrator 
of  Thomas  Chapman,  stibmitted  a  report,  accompanied  by  a  bill, 
for  the  relief  of  the  legal  representatives  of  the  lato  Thomas 
Chapman,  formerly  collector  of  the  port  of  Georgetown,  South 
Carolina. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  bo  printed. 

REDUCTION   op  POSTAGE. 

Mr.  NILES,  from  the  Committee  on  the  Post  Offie  and  Post 
Roads,  reported  a  bill  to  reduce  the  rates  of  postage;  which  was 
read  and  passed  to  the  second  reading. 


Mr.  NILES  said  :  Mr.  President,  I  am  authorized  and  directed 
by  the  Committee  on  the  Post  Office  and  Post  Roads  to  report  the 
bill  which  I  hold  in  my  hand  for  the  reduction  of  the  rates  of  post- 
age. It  is  a  measure  to  which  the  public  mind  has  been  directed 
of  late,  one  perhaps  second  to  no  other  in  importance,  and,  if  car- 
ried out,  cannot  fail  of  being  productive  of  the  most  beneficent  re- 
sults to  the  whole  people.  We  have  legislated  for  the  army  and 
navy,  for  war  and  lor  peace,  for  futurity  and  posterity,  for  New 
Mexico  and  California,  and  not  forgetting  in  our  discussions  the 
interests  of  Mexico  and  Yucatan.  But  what  have  we  done  to  ad- 
vance the  convenience  or  the  interests  of  the  people  in  their  pri- 
vate, social,  or  commercial  relations? 

Without  intending  to  go  into  a  discussion  of  measure  at  this  time 
I  propose  to  state  some  facts,  accompanied  with  a  few  sugges- 
tions, to  go  before  the  public  with  the  bill,  my  principal  object  be- 
ing at  tliTs  time  to  call  attention  to  the  measure,  to  call  out  the 
public  judgment  upon  its  merits.  I  shall  not  probably  ask  for  the 
linal  action  upon  it  at  this  session,  now  drawing  to  a  close,  but 
shall  hope  to  obtain  for  it  the  favorable  consideration  of  Congress 
at  its  next  session,  sustained,  as  I  am  quite  sure  it  must  be,  by  the 
powerful  influence  of  an  enlightened  public  opinion. 

Had  it  not  been  for  the  existence  of  a  war,  bringing  a  heavy 
charge  upon  the  Treasury,  with  a  revenue  depending  mainly  upon 
loans,  I  .should  have  felt  it  a  duty  to  have  brought  this  measure  to 
the  attention  of  the  Senate  early  in  the  session,  and  endeavored  to 
have  obtained  its  sanction  to  it  ;  but  whilst  the  war  continued, 
with  an  increasing  debt,  I  could  not  consent  to  throw  additional 
burdens  upon  the  Treasury,  as  this  bill  may  temporarily,  even  for 
the  attainment  of  a  boon  so  important  to  the  whole  people  as  I  be- 
lieve this  measure  will  prove  to  be. 

But,  the  war  being  ended,  I  now,  by  the  direction  of  the  com- 
ittiftee,  bring  forward  the  measure  ;  but  as  the  finances  are  unset- 
tled, as  neither  the  exsenditures  nor  the  revenue,  on  the  return  of 
peace,  can  for  some  time  be  known,  we  do  not  propose  to  have  the 
law  go  into  operation  until  July,  1849. 

This  bill  is  simple  in  its  provisions,  and  is  substantially  the  pen- 
ny postage  system.  It  establishes  three  cenis  as  the  uniform  post- 
age on  letters  not  exceeding  half  an  ounce  in  weight,  and  the  same 
sum  for  every  additional  haff  ounce  or  fractional  part  thereof,  the 
postage  to  be  prepaid,  and  if  not  so  prepaid  the  postage  to  be  five 
cents. 

The  postage  on  newspapers,  pamphlets,  and  other  printed  mat- 
ter, which  has  always  been  complicated,  is  somewhat  redtSld  and 
greatly  simplified  by  adopting  a  uniform  principle  of  taxing  by 
weight,  discontinuing  all  distinctions  between  newspapers  and 
other  periodicals,  or  between  periodicals  and  non-periodicals. 
Newspapers  and  all  other  publications  are  to  be  charged  one  cent 
postage  for  any  distance,  when  the  weight  does  not  exceed  one 
ounce,  and  the  same  for  every  additional  ounce  or  fractional  part 
thereof.  Newspapers  of  the  common  size,  such  as  the  two  princi- 
pal papers  in  this  city,  weigh  a  trifle  short  of  an  ounce.  To  this 
general  rule  there  is  one  exception  intended  to  favor  the  country 
or  interior  presses — reducing  the  charge  to  half  a  cent  on  papers 
not  sent  more  than  fifty  miles  from  the  office  of  publication,  and 
not  weighing  over  one  ounce.  Some  of  the  committee  had  doubts 
as  to  the  propriety  of  this  exception,  but  it  was  thought  btst  to 
present  it  for  consideration. 

The  bill  contains  some  provisions,  not  hitherto  introduced  into 
our  system,  which  prevail  in  Europe,  for  the  collection,  depositing, 
and  delivery  of  letters  in  the  large  cities.  It  is  believed  that  by 
judicious  arrangements  these  provisions  may  be  executed  with 
very  little  expense,  and  which  must  aflbrd  great  conveniences,  and 
in  connexion  with  the  low  rate  of  postage,  greatly  contribute  to 
the  increase  of  mail  communications. 

Mr.  President,  of  the  great  benefits  of  this  reform  to  the  whole 
peoplein  an  economical,  social,  and  commercial  pnint  of  view,  no 
one  cawdoubt.  Indeed,  their  importance  can  hardly  be  fully  ap- 
preciated, and,  in  my  judgment,  they  cannot  well  be  over-esii- 
mated.  This  system  is  a  near  approximation  to  a  universal  frank; 
for  a  rate  of  postage  so  low  that  the  poorest  person  will  hardly 
regard  it,  is  almost  equivalent  to  a  free  communication.  It  was 
my  desire  to  have  fixed  the  rate  at  2;'  cents,  if  we  had  a  coin  of 
that  denomination — a  quarter  dime,  which  I  think  desirable.  But 
as  it  will  be  easier  to  descend  than  to  ascend,  we  thought  it  best 
to  adopt  the  rate  of  three  cents  .at  this  time. 

The  great  benefits  of  the  system  being  admitted,  the  only  doubt 
there  can  be  is  as  to  its  success  in  a  financial  point  of  view.  But 
in  this  respect  any  more  than  in  regard  to  the  advantages  of  the 
measuie,  it  is  not  now  to  be  viewed  as  an  experiment.  It  rests 
upon  u  principle  well  established,  the  efficiency  of  which  has  not 
yet  been  fully  developed,  even  in  England,  where  the  system  has 
been  in  operation  more  than  seven  years.  This  principle  is  the 
increase  of  consumption,  or  of  letters  bearing  a  certain  proportion 
to  the  lownoss  of  the  charge.  But  the  full  results  of  this  principle 
cannot  be  immediately  realized  ;  the  increase  goes  on  from  year  to 
year ;  and,  what  is  remarkable,  after  its  first  and  most  powerful 


JrNE  21.] 


REDUCTION  OF  POSTAGr: 


747 


effect  has  been  realized,  the  principle  ap^tears  to  retains  its  pow- 
er in  aboQt  the  same  degree,  and  the  increase  continues  about  the 
same  for  a  series  of  years,  and  perhaps  for  an  indefinite  period. 
Such  has  been  its  result  m  England.  The  system  has  been  in  op- 
eration there  now  goinff  on  eight  years.  The  first  year  the  m 
crease  was  une  hundred  and  twenty-three  per  cent.,  and  for  the 
subsequent  six  years  from  twenty  to  thirty  per  cent.;  rhe  last  ycau 
it  was  about  twenty-three  per  cent. 

In  support  of  these  statements,  as  well  as  to  show  my  opinion 
of  the  importance  of  this  groat  measure,  I  cannot  forfear  to  read 
a.  letter  from  Joseph  Hume,  the  Distinguished  English  reformer. 
It  was  addressed  to  our  Minister  in  London,  and  dated  iho  2d 
March,  1848: 

*'  Dear  Sir  :  I  have  the  pleasiirti  to  send  you  the  copy  of  ft  paper  T  liave  prepared 
at  the  request  of  Mr.  Webh,  of  Boston,  to  show  Ibr  pro;.'ress  of  increase  of  the  num- 
ber of  Jelters  by  llie  poitotfiee  here,  since  tile  reduction  of  tlie  pOatase,  and  I  hope  it 
may  induce  your  government  to  adopt  the  same  course.  I  am  not  aware  of  any  re- 
form among  the  many  rfeorms  that  I  have  promoted  durinj;  the  last  forty  year?,  thai 
has  h.ad  and  wUl  liave  better  results  towards  tlic  improvement  of  tliis  country,  moral- 
ly, socially,  and  commercially. 

"  1  wish,  a-s  much  as  possible,  that  the  communication  by  letter;,  newspapers,  and 

6 amphlets  should  pass  between  the  TTnited  States  and  Great  Britain  .ns  between  Great 
ritain  and  Ireland,  as  the  intercommunication  of  knowledge  and  kindly  feelings 
mnst  be  the  result,  tending  to  the  promotion  of  friendly  intercourse  and  to  maintain 
peace,  so  desirable  to  all  countries." 

Appended  to  this  letter  is  a  table  showing  the  progressive  in- 
crease of  letters  in  England  since  the  adoption  of  the  penny  sys- 
tem of  postage.  From  this  it  appears  that  in  18.39,  the  latt  year 
of  the  old  system,  the  number  of  chargeable  lettei-s  was  76  mil. 
lions ;  in  1840  it  increased  to  169  millions  ;  in  1841  to  196^  mil- 
lions ;  in  1842  to  208i  millions  ;  in  1843  to  220i  million  ;  in  1844 
to  242  millions  ;  in  1845  to  27H  millions  ;  in  1846  to  299-1  millions  ; 
in  1847  to  322  millions.  The  progressive  increase  the  last  year 
was  quite  equal  to  the  average  for  the  whole  period,  except  the 
first  year.  And  this  progressive  increase  is  the  result  of  the  new 
principle,  as  under  the  old  system  the  revenues  of  the  post  office 
had  been  nearly  stationary  for  twenty  years,  amounting  to  about 
two  millions  and  a  quarter  per  annum.  In  1847  the  gross  reve- 
nue fell  short  of  what  it  was  previous  to  the  change  to  the  low 
rate,  about  £400,000.  But  Mr.  Hume,  in  a  letter  to  a  gentleman 
in  Boston  says:  "  I  am  informed  by  the  General  Post  Office  that 
the  gross  revenue  this  year  will  equal,  it  is  expected,  the  gross 
amount  of  postage  the  year  before  the  postage  was  reduced." 
Such  has  been  the  financial  result  of  the  system  of  low  postage  in 
England.  But  the  principle  has  by  no  rneans  exhausted  its  power  ; 
the  ratio  of  increase  was  nearly  as  great  the  last  as  the  preceding 
years,  excepting  the  first.  It  may,  therefore,  be  considered  as  es- 
tablished that  ihe  low  principle  will,  when  its  power  is  fully  ex- 
erted, be  as  efficacions  in  respect  to  revenue  as  the  principle  of 
higher  rates.  But  it  requires  time  to  realize  its  results.  It  has 
been  in  operation  eight  years  in  England,  and  the  increase  still 
goes  on,  in  a  corresponding  degree,  with  former  years.  In  eight 
years  the  increase  has  been  nearly  five  hundred  per  cent.  The 
efficiency  of  this  principle  depends  on  two  elements  :  first,  the  in- 
crease of  consumption  ;  and,  secondly,  the  attraction  of  all  letters, 
into  the  mail,  / 

In  this  country,  as  far  as  the  experiment  has  been  tried,  the  re- 
sult has  been  equally  successful  andsatisfactory.  The  reduction 
by  the  act  of  1845  was  only  a  halfway  measure.  It  was  a  reduc- 
tion of  about  fifty  per  cent.;  the  average  rate  of  postage  at  that 
time  was  about  thirteen  or  fourteen  cents,  and  it  was  reduced  to 
tsvo  rates  of  five  and  ten  cents,  being  an  average  of  seven  and  a 
half.  This  bill  will  be  a  reduction  of  more  than  fifty  per  cent,  upon 
the  present  rates.  But  the  effect  of  an  equal  per  cent,  reduction 
by  this  bill  on  present  rates,  with  the  reduelion  by  the  act  of  1845, 
must  be  much  greater  on  tha  increase  of  letters,  as  that  law  still 
left  the  rales  comparatively  high,  whilst  this  bill  will  reduce  them 
to  little  more  than  a  nominal  sura.  The  act  of  1845  can  have  had 
little  or  no  eflect  on  letters  subjected  to  the  lowest  rates  of  post- 
age under  the  former  law,  as  the  reduction  was  only  one  and  a 
quarter  per  cent,  whilst  the  present  bill  will  reduce  that  rate  near- 
ly fifty  per  cent. 

Although  the  act  of  1845  was  but  a  halfway  measure,  and  could 
not  be  regarced  as  introducing  the  principle  of  the  low  or  penny 
system,  yet  its  influence  on  consumption  has  been  very  great. 
The  whole  nmuber  of  clargeable  letters  in  184g.  as  appears  by  the 
report  of  the  Postmaster  General,  was  24,267,552,  whioh'yieldsa 
revenue  of  $3,525,260.  The  number  of  chargeable  letters,  includ- 
ing ship  letters,  during  the  year  1847,  was  52,173,480,  being  an 
increase  of  one  hundred  and  twenty  per  cent,  in  two  years  under 
the  operation  of  the  present  law  establishing  five  and  ten  cent, 
rates.  The  revenue  from  letter  postage  last  year  was  $3;254, 512, 
including  $200,000  paid  for  the  government  postages,  being  only 
$270,658  [less  than  the  letter  postage  in  1843  under  the  system  of 
high  postages.  In  two  years,  therefore,  the  revenue  has  nearly 
come  up  lo  what  it  w:is  previous  to  the  reduction;  and,  by  the  re- 
duction of  IibU"  a  million  in  the  expenses  of  transportation,  from 
the  provisions  of  the  act  of  1845,  the  whole  revenues  the  last  fiscal 
year  were  quite  equal  to  the  expenses  ef  the  department.  The  re" 
suit  of  the  partial  reduction  by  the  act  of  1845  is  much  more  favoi" 
able  than  any  of  the  advocates  of  that  measure  at  the  time  antici- 
pated, and  cannot  but  be  regarded  as  affording  the  strongest  evi- 
dence that  the  low  postage  will  prove  as  successl'ul  and  as  efficient 
for  revenue  in  this  country  as  it  has  in  England.  Tnat  the  rev- 
enues would  equal  the  expenses  of  the  department  in  two  years  no 
one,  when  the  reduction  was  naade,  anticipated.  And  it  is  esti- 
mated by   the    Postmaster   General   that  the  whole  revenues  the 


oarrent  year  will  amount  to  $4,313,157,  being  more  than  an  aver- 
age of  the  revenues  of  the  department  for  nine  years  preceding  the 
reduction.  Such  has  been  the  gratifying  and  truly  astonishing  suc- 
cess of  the  partial  reduction  of  postage  in  this  country. 

Under  these  circumstances,  the  measure  now  proposed  by  the 
committee  cannot  be  regarded  as  involving  any  great  responsibili- 
ty in  a  financial  point  of  view.  It  may  be  assumed,  however, 
that,  for  a  few  years,  it  would  throw  some  charge  upon  the  Trea- 
sury ;  perhaps  the  first  year  some  half  a  million  of  dollars. 

I  have  made  the  following  calculaiion,  based  on  the  same  rate 
of  increase  of  letters  as  has  been  realized  by  the  redaction  in  1845 
although  I  think  the  increase  will  be  found  to  bo  much  greater  :    ' 

An  increase  of  sixty  per  cent,  to  the  number  of  chargeable  let- 
ters last  year  will  make  $83,477,280  letters  for  the  first  year  • 
which,  at  three  cents,  will  yield  a  revenue  of        .  $2  504  Sls' 

Add  ten  per  cent,  for  double  letters,  is  •        -  25041 

For  government  postages,  now  allowed        -        -  20o!oo0 


For  newspapers,  &c. 


$2,729,359 
600,000 


$3,829,359 
By  this  calculation  the  letter  postage  would  fall  ofT  the  first 
year  a  little  over  half  a  million,  as  compared  with  the  last  year. 
But  the  increase  of  letter.s  would  continue  for  a  series  of  years,  if 
not  indefinitely,  so  that  the  revenue  would  have  a  steady  and  ccr 
tain  increase,  and,  in  all  probability,  would  soon  be  found  equal  to 
the  expenses  of  thft  department. 

Of  the  immense  benefits  of  this  great  measure,  in  a  countrv 
like  ours — 'SO  extensive,  with  a  population  so  generally  educated 
and  where  there  is  so  much  activity  and  enterprise  of  every  kind' 
stimulated  hy  our  expanding  railroad  system,  it  is  not  my  present 
purpo.se  to  speak.  All  must  see  that  they  would  be  great  ;  and 
no  ono,  perhaps,  can  fully  estimate  their  extent  or  importance. 
And,  it  may  be  added,  that  these  benefits  would  be  universally 
diffiised,  extending  to  all  interests,  to  all  classes,  and  to  almost 
every  individual  in  the  country. 

TITLE    TO    UNnS    IN    ARKANSAS. 

Agreeably  to  notice,  Mr.  SEBASTIAN  asked  and  obtained 
leave  to  bring  in  a  bill  to  revive  and  extend  the  provisions  of  an 
act  entitled  "  an  act  to  settle  the  title  to  certain  tracts  of  land  in 
the  State  of  Arkansas,"  which  was  read  the  first  and  second 
times,  by  unanimous  consent,  and  referred  to  the  Committee  on 
Public  Lands. 

INDI.A.N    APPROPKIATION    BILL. 

The  Senate  resumed  the  consideration  of  the  bill,  (on  its  pas- 
sage,) making  appropriations  for  the  current  and  contingent  ex- 
penses of  the  Indian  department,  and  for  fulfiling  treaty  stipula- 
tions with  the  various  Indian  tribes  for  the  year  ending  Juno  30, 
1849,  and  for  other  purposes. 

'  At  the  suggestion  of  Mr.  ATHERTON,  the  amendment  which 
had  been  adopted  upon  the  motion  of  the  Senator  from  Arkansas 
was,  with  his  assent  and  the  unanimous  concurrence  of  the  Senate 
modified. 

Kfsolvcd,  That  this  bill  pass  with  amendments. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  these  amendments, 

EXECUTIVE    SESSION, 

On  motion  by  Mr,  HANNEGAN,  the  Senate  proceeded  lo  the 
consideration  of  E.xecutive  business,  and  after  some  time  spent 
therein,  the  doors  were  again  opened. 

KEVOLUTIONABT  PENSION  BILL. 

The  Senate  proceeded  to  consider  as  in  Committee  of  the  Whole, 
the  bill  making  appropriations  for  the  payment  of  Revolutionary 
and  other  pensions  of  the  United  States  for  tlio  year  ending  30th 
Juno,  1849  :  and  no  amendment  being  made,  it  was  reported  to 
the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Resolved,  That  this  bill  ]iais. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

PRIVATE    BILLS. 

The  bill  granting  a  pension  to  William  Pittraan,  was  re,ad  the 
second  time  and  considered  as  in  Committee  of  the  Whole  •  and 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  was 

Ordered,  That  it  lie  on  the  table. 

The  Senate  resumed  as  in  Committee  of  the  Whole,  the  consid- 
eration of  the  bill  for  the  relief  of  George  Center  ;  and 

On  motion  by  Mr.  YULEE,  it  was 

Ordered,  That  the  further  consideration  of  the  bill  be  postponed 
until  to-morrow. 


748 


JUDICIAL  DISTRICT  OF  ARKANSAS. 


[Wednesday, 


JUDICIAL    HILLS. 

The  Senate  proceeded  to  consider  as  in  Committoo  of  the  Whole, 
the  following  lulls  : 
A  bill  coiii!eriiin^  testimony. 

A  bill  to  ch.^nge  the  lime  of  holdinf;  the  terms  of  the  circuit  court  of  tho  tJniteil 
ytates  in  tfie  Pistnct  of  Maine  ; 

And  havinis;  been  amended  they  wore  reported  to  the  Senate  and 
the  aiTiendnients  were  concurred  in. 

Ordered,  That  lliey  be  engros.scd  and  read  a  third  time. 

The  said  bills  were  read  a  third  time. 

Resolved,  Tliat  they  pass  and  tlieir  titles  be  as  aforesaid. 

Ordered,  That  the  Secretary  rcouest  the  concurrence  of  the 
House  of  Representatives  therein. 

On  motion  l)y  Mr.  DIX,  the  prior  orders  were  postponed  and 
the  Senate  proceeded  to  the  consideration  of  the  bill  for  the  relief 
of  the  Society  for  the  reformation  of  Juvenile  delinquents,  in  the 
city  of  New  York;  and  it  was  read  the  first  and  second  times,  and 
considered  as  in  Committee  of  the  Whole. 

Mr.  JOHNSON,  of  Maryland,  asked  an  explanation  of  the  ob- 
ject of  the  bill. 

Mr.  DIX  made  a  brief  statement.  The  bill  simply  proposed  to 
release  the  Society  in  question,  from  a  judgment  ol  $4,1100,  which 
they  were  unable  to  pay,  and  for  the  satisfaction  of  which  tlicy 
possessed  no  property  that  could  be  appropriated. 

No  amendment  being  made,  the  bill  was  reported  to  the  Sen- 
ate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 
The  said  bill  was  read  a  third  time  by  unanimous  consent. 
-  Residvcd,  That  this  bill  pass,  and  that  the  title  thereof  lie  as  aforcsaiil. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

JUDICIAL  DISTRICT  OF  ARKANSAS. 

On  motion  by  Mr.  BORLAND,  tho  prior  orders  were  post- 
]>oncd,  and  the  Senate  proceeded  to  consider,  as  in  Committee  of 
the  Whole,  the  bill  to  divide  the  district  ot  Arkansas  into  two  ju- 
dicial districts. 

Mr.  BORLAND. — I  desire  simply  to  call  tho  attention  of  tho 
Senate  to  the  necessity  that  exists  for  the  passage  of  this  bill. 
Almost  all  the  business  m  the  federal  courts  originates  in  the  In- 
dian country,  in  the  western  portion  of  the  Slate.  The  court  is 
held  at  ]iresent  in  the  centre  of  the  State,  at  Little  Rock,  and 
very  great  expense  is  incurred  in  bringing  witnesses  and  the  par- 
ties interested  from  the  remote  part  of  the  State  to  the  place  where 
the  court  is  held.  It  is  proposed  to  divide  the  State  into  two  ju- 
dicial districts,  and  allow  a  court  to  be  hoiden  at  Van  Buren  for 
the  western  district.  It  will  require  but  one  judge  to  hold  both 
courts.  There  will  have  to  be  only  the  appoinlment  of  an  addi- 
tional marshal  and  district  attorney,  and  a  clerk  of  the  court. 

Mr.  ATCHISON  moved  to  strike  out  the  fourth  section  of  tho 
bill.  He  had  no  objection  to  authorize  the  judge  to  appoint  a 
clerk,  but  he  did  not  see  any  reason  why  an  additional  marshal  and 
district  attorney  should  be  a]>pointed.  It  was  unnecessarily  in- 
creasing the  cxiicnsos  of  the  judiciary  of  the  State. 

Mr.  BORLAND. — The  increased  expense  will  bo  but  a  few 
hundred  dollars — not  exceeding  four  hundred — for  the  salaries  of 
those  olliccrs  ;  whilst  the  advantages  that  would  accrue  to  the 
public  will  bo  very  great.  The  principal  compensation  to  those 
offioers  is  derived  from  fees  ;  and  ihcy  are  entitled  to  mileage  for 
travel.  So  that,  if  you  make  one  set  of  olfiecrs  perform  the  duties 
of  both  courts,  their  mileage  will  amount  to  as  much  as  their  .sal- 
aries ;  besides,  to  perform  the  duties  properly  that  are  required  of 
them  on  the  I'rontier,  it  is  necessary  Ihat  they  should  reside  there. 
Thu.-.  a  uiure  speedy  and  certain  execution  of  the  law  would  be 
secured. 

Mr.  WESTCOTT.— I  should  be  very  glad,  if  I  could  consist- 
ently with  wliat  I  conceive  to  be  right,  vote  for  the  motion  of 
the  Senator  from  Mis.souri  ;  but  I  feel  compelled  to  vote  against 
it,  upon  the  very  ground  that  the  Senator  urges  in  its  favor.  The 
striking  out  of  that  section  would  occasion  the  expenditure  of  sev- 
eral thousand  dollars  more  every  year  than  would  be  expended  if 
it  were  retained.  The  principal  business  of  the  court  arises  out 
of  the  disturbances  that  occur  on  the  western  frontier.  And  under 
the  present  arrangement  the  i)arties  and  witnesses  in  those  eases 
have  all  to  be  brought  to  the  eastern  part  of  the  State,  a  distance 
of  several  hundred  utiles,  at  a  very  great  expense.  A  great  pro- 
poition  of  this  would  be  saved  by  the  establishment  of  a  separate 
piilirial  district  for  the  western  part  of  the  Slate.  I  do  trust  that 
the  bill  will  pass  without  alteration  ;  for  I  think  it  exceedingly 
necessary  that  it  should  pass.  The  only  question  is,  whether  the 
present  marshal  shall  be  required  to  perform  the  duty  for  both  dis- 
tricts, or  wh(!ther  another  shall  bo  appointed.  I  am  in  favor  of 
appointing  another. 

Mr.  BORLAND. — I  will  simply  remark,  that  personal  eonsid- 
orations  are  allogether  I'orcign  to  the  <iuestion.  As  respects  tho 
present  niiirshal,  I  take  |deasiiro  in  saying  that  he  is  my  ]iersonal 


friend  ;  but  if  he  were  ten  times  more  my  friend  than  he  is  I  would 
not  let  that  consideraticM  have  any  influence. 

Mr.  HANNEGAN. — I  dislike  very  much  to  interpose  an  ohjec 
tion  to  a  proposition  of  my  honorable  friend  from  Arkansas,  but  I 
am  constrained  to  enter  my  objection  to  this  bill.  The  business  of 
the  courts  in  Arkansas  certainly  cannot  require  such  a  division  as 
this  bill  contemplates.  There  are  but  five  Stales  in  the  Union 
which  are  divided  for  judicial  purposes — New  York,  Pennsylvania, 
Virginia,  Tennessee,  and  I  believe  -Alabama— all  of  which  Slates 
have  adense  population.  In  Missouri  the  jurisdiction  of  the  dis- 
trict court  may  be  said  to  extend  even  to  the  Rocky  Mountaijis, 
and  yet  they  have  no  more  than  one  judicial  district,  although  the 
population  of  that  State  is  seven  or  eight  times  greater  than  the 
population  of  Arkansas,  yet  no  one  has  ever  asked  here  for  a  di- 
vision of  her  judicial  district.  The  territory  of  Arkansas  is  a 
wide-spread  territory,  to  be  sure,  but  it  is  not  more  extensive  than 
that  of  Illinois,  Michigan,  or  Ohio.  It  has  not  a  tenth  of  the  po- 
pulation r)l' Indiana,  ami  yet  we  have  never  thought  of  dividin-j- 
our  State  into  judicial  districts  in  this  way,  and  thus  increasing 
our  expenses.  It  would  bb  establishing  an  outrageous  precedent 
to  give  to  a  State  with  a  small  and  sparse  populafion  two  distinct 
attorneys  and  two  marshals,  and  pay  them  for  doing  nothing — lit- 
erally for  doing  nothing. 

Mr.  BORLAND. — I  am  a  little  astonished  at  the  violent  oppo- 
sition of  the  Senntor  from  Indiana.  He  .seems  not  to  be  acquaint- 
ed with  the  nature  and  extent  of  the  business  in  the  couris  of  Ar- 
kansas. The  fact  that  there  may  be  very  fi-w  offenders  against 
tho  law  is  more  creditable  to  her  than  otherwise  ;  but  on  the  score 
of  expense,  the  gentleman  seems  to  think  that  the  proposed  ar- 
rangement would  be  outrageous.  If  he  will  examine  the  report 
of  the  committee,  and  consider  the  matter  in  its  true  light,  he 
would  find  that  it  would  bo  a  saving  of  expense — a  saving  of  thou- 
sands of  dollars  to  the  government. 

Mr.  ATCHISON. — It  is  not  at  all  strange  that  the  Senator 
from  Florida  should  advocate  this  bill.  It  is  known  to  every  Sen- 
ator that  he  desires  to  procure  the  passage  of  a  bill  to  divide  Flo- 
rida, not  into  two,  but  into  three  judicial  districts,  and  to  have  the 
duties  discharged,  not  by  one.  but  by  three  sets  of  officers,  and 
that  State  has  a  smaller  population  perhaps  than  Arkansas.  I 
have  no  objection  to  furnish  all  reasonab'e.  facilities  ;  I  have  no 
objection  to  allowing  them  two  districts  ;  but  this  is  my  objection  : 
I  can  see  no  reason  why,  if  one  judge  can  discharge  the  duties, 
one  marshal  and  one  district  attorney  may  not.  I  am  perfectly 
willing  to  allow  the  Senator  all  he  asks  in  the  way  of  facilities  for 
holding  the  courts,  but  there  can  be  no  necessity  for  the  additional 
district  attornies  and  marshals,  sinless  there  is  a  necessity  for  ;vn 
additional  district  judge.  If  you  impose  this  additional  duty  with- 
out additional  salary  upon  the  district  judge,  why  not  let  the  dis- 
trict attorney  and  the  marshal  discharge  the  duties  of  both  dis- 
tricts as  well  as  the  judge  ?  But  I  am  not  at  all  satisfied  of  the 
necessity  of  dividing  the  State  into  two  districts.  When  this  bill 
was  under  discussion  before,  I  called  the  attention  of  the  Senate 
to  the  fact  that  you  were  giving  to  the  district  court  circuit  court 
jurisdiction.  At  present,  I  believe,  the  district  court  has  juris- 
diction in  criminal  offences  only  in  such  oases  as  amount  to  mi.sde- 
mcanor,  and  in  civil  cases  the  jurisdiction  is  limited  to  a  certain 
amount,  whilst  the  circuit  court  has  jurisdiction  in  all  cases  of  fe- 
lony, and  in  civil  cases  has  unlimited  juri.sdietion.  You  are  chang- 
ing, then,  the  whole  system  of  practice  as  it  applies  to  these  dis- 
trict and  circuit  courts,  and  the  amendment  which  I  proposed 
wasiniendcd  lo  remedy  this  evil.  If  you  strike  out  tho.4th  section 
I  think  tlie  bill  will  bo  comparatively  harmless,  but  retaining  that 
section  I  cannot  give  it  my  support. 

Mr.  WESTCOTT.— The  Senator  from  Missouri  says  it  is  not 
surprising  that  I  should  advocate  this  lull,  because  I  acTvocato  the 
establishment  of  three  districts  in  my  own  State.  Now,  the  Sen- 
ator must  pay  very  little  aitention  to  the  business  which  is  done 
by  the  Senate.  If  the  Senator  will  take  the  trouble  to  refer  to  the 
remarks  1  made,  he  will  discover  something  of  the  nature  of  the 
business  to  be  transacted  by  the  courts  in  Florida,  which  differs 
.somewhat  from  that  of  States  in  tho  interior.  Our  courts  are 
not  for  us,  but  for  citizens  of  the  western  and  eastern  States 
who  have  cases  in  admiralty  there.  I  believe  there  is  no 
necessity  for  an  admiralty  court  in  Missouri.  With  respect  to 
the  establishment  of  this  additional  district,  the  Senator  says  (hero 
is  no  necessity  for  it.  I  differ  from  the  honorable  Senator  entire- 
ly. I  have  examined  the  amount  of  busincs-s  in  that  State,  and  I 
find  that  the  circuit  court  of  the  Upited  States  is  overburthenod, 
and  I  lind  that  there  is  great  expense  occasioned  by  briniiin"  wit- 
nesses from  the  Cherokee  country.  Some  of  them  have  been 
brought  three  or  four  hundred  miles  to  attend  the  federal  court  in 
cases  w^hich  the  di.strict  judge  could  have  tried  just  as  well  as  Iho 
circuit  judge.  And  it  is  for  this  reason  that  we  propose  to  invest 
the  district  judge  with  circuit  court  jurisdiction. 

Mr.  DOWNS.— I  think  tho  Senator  from  Indiana  and  the  Sen- 
ator from  Mfssouri  are  both  greatly  mistaken  in  regard  to  this 
matter.  This  hill  cannot  increase  the  expenses,  and  it  is  certain- 
ly calculated  to  contribute  very  much  to  the  convenience  of  tho 
public  and  to  fiicilitate  the  admini.s-trntion  of  justice.  The  great 
object  is,  to  bring  the  court  as  near  as  possible  to  where  justice  is 
to  be  administered.  It  is  an  established  princijile  that  the  jury 
shall  be  taken  from  the  vicinage  or  neighborhood,  bu'  this  cannot 
be  done  when   you  hold  the  court  in  one  corner   of  the   State.     I 


June  21.]                              JUDICIAL  DISTRICT  IN  ARKANSAS.  749 

think  that  you  should,  in  all  cases,  endeavor  to  make  it  as  convo-  Resolved,  That  this  bui  pass,  and  the  title  thereof  be  as  aforesaid. 

niont  as  you  can  for  the  parties  litigant.     Instead  of  obliging  them  jho  said  bill  was  read  a  third  time. 

to  run  across  the  State,  you  should  bring  the  court  to  tbem.  There  r\  j      j    ti. 

cannot  bo  an  objection  on  the  score  of  expense  ;  in  fact,  the  ex-  Orderai.  That  the  Secretary  request  the  concurrence  of  the 

pense  will  be  greatly  diminished,  and  justice  will  be  more  prompt-  House  of  Representatives  therein. 

ly  administered. 

PRIVATE    BILL. 

Mr.  HALE. — I   would   call  the  attention  of  the  Senator  from  „,     .  ...  ,      ,        ,•  r   .■     . 

Missouri  to  one  fact  in  relation  to  the  amendment  which  he  has  .   ^ 'f  "'"  ''";  '°'^  ''^''     °'    "'«  personal  representative  of  William 

offered.     I  find  that  the  35th  section  of  the  judiciary  act  passed  in  A.  blacuni,  deceased,  was  read  the  second  lime,  and  considered 

1789,  makes  it  imperative   on    the    President  to  appoint  a  district  ''*'  '"  i-omnnfoe  ol  the  Whole  ;  and  no  amendment  being  made,  it 

attorney  and  marshal    in  every  district,  so  that  if  this  act  bo  |.ass-  ^'"^  reported  to  tUe  benate. 

ed  without  the  4th  section  it  will  be  the  duty   of  the  President  to  Ordered,  That  it  be  engrossed  and  read  a  third  time, 

appoint  those  olfioers.  „,           iin                 ,       i-   i    ■        , 

' '  Ihe  said  bill  was  read  a  third  time  by  unanimous  consent. 

After  some  further  observations    the  question  boin((  taken  upon 
the    amendment,    it  was,    upon   a  division,  adopted.     Ayes  21 

„,,.,,              ,                      ,         ,     t,                  ,    ,                ,  House  of  Representatives  therein. 
The  bill  was    then   reported  to  the  benate,  and  the  amendment 

was  concurred  in.  On  motion, 

Ordered,  That  it  be  engrossed  and  read  a  third  time.  The  Senate  adjourned. 


Resolved,  That  this  bill  p-iss,  and  lliat  Ilie  title  tliercof  l)e  .is  albresaid. 
Noes  9.  '  "^  '  Ordered,  That   the   Secretary  request   the  concurrence  of  tho 


760 


THE  ADJOURNMENT  RESOLUTION. 


[Thtjksday, 


THURSDAY,  JUNE  22,  1848. 


HEPOBT  FROM  THE  TREASURY  DEPARTMENT. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the 
Secretary  of  the  Treasury,  accompanied  by  a  communication  from 
the  Commissioner  of  the  General  Land  Oliiee,  and  a  report  of  Dr. 
David  Dale  Owen,  containing  geographical  explorations  in  the 
Chippewa  district  of  Wisconsin  and  the.  northern  part  of  Iowa  ; 
which  was  read  and  ordered  to  be  printed. 

PETITION. 

The  VICE  PRESIDENT  presented  the  petition  of  James  W. 
Day,  messenger  to  the  President  of  the  United  States,  praying  to 
be  allowed  additional  compensation  ;  which  was  referred  to  the 
Committee  on  Finance. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  FfP5iilent  :  The  House  of  Representatives  have  passed  a  bill  making  Rjipro- 
priations  for  the  naval  service,  for  the  year  ending  30th  Jane,  1849;  in  which  they 
request  the  concurrence  ol'  the  Senate. 

The  House  of  Representatives  concur  in  the  amendments  of  the  Senate  to  the  bill 
prohibiting  the  importation  of  adulterated,  deteriorated,  and  misnamed  medicines. 

They  have  passed  the  bill  from  the  Senate  to  amend  the  act  entitled  "An  act  for  the 
rcgnlation  of  seamen  on  hoard  the  public  and  private  vessels  of  the  United  States," 
passed  the  3d  of  March,  ]H13. 

NAVAL   APPROPRIATION    BILL. 

The  bill  from  the  House  of  Representatives  this  day  received 
for  concurrence,  was  read  the  first  and  second  times  by  unanimous 
consent,  anii  referred  to  the  Committee  on  Finance. 

PRIVATE    BILL. 

Mr.  BRADBURY,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  bill  for  the  relief  of  Daniel  Robinson,  reported  the 
same  without  amendment. 

MAIL   CONTRACTORS. 

Mr.  BREESE,  agreeably  to  notice,  asked  and  obtained  leave  to 
bring  in  a  joint  resolution  for  the  relief  of  such  persons  as  may 
liave  incurred  the  disability  of  the  28th  section  of  the  "  act  to 
change  the  organization  of  the  Post  Office  Department,  and  to 
provide  more  effectually  for  the  settlement  of  the  accounts  there- 
of," approved  July  2d,  1836  ;  which  was  read  the  first  and  second 
times,  by  unanimous  consent,  and  referred  to  the  Committee  on 
•  the  Post  Office  and  Post  Roads. 

HOUR    OF    MEETING. 

The  Senate  proceeded  to  considei^  the  resolution  submitted  by 
Mr.  Atherton,  which  was  amended  and  agreed  to  as  follows  : 

Rcstitmdy  That  the  hour  of  meeting  of  tiie  Senate  shall  be  eleven  o'clock  until 
otherwise  ordered. 

SUPERINTENDENT  OF  THE  ANTE-CHAMBER. 

The  Senate  proceeded  to  consider  the  resolution  submitted  by 
Mr.  Badger,  the  9th  of  May,  respecting  the  appointment  of  a 
superintendent  of  the  ante-chamber  of  the  Senate. 

After  some  conversational  debate — 

Mr.  MASON  moved  that  the  resolution  lie  on  the  table. 

The  question  being  taken,  resulted  :  Ayes  13,  Noes  14.  No 
quorum  voting. 

The  question  being  again  stated  upon  the  motion  to  lay  the  res- 
olution on  the  table,  the  yeas  and  nays  were  dem.anded,  and  it 
was  determined  in  the  negative  as  follows  : 

YEAS. — Messrs.  Allen,  Atherton,  Renton,  Borland,  Bradbury,  Breese,  Bright, 
Butler,  Dix,Foole,  Hanncgan,  Hunter,  Mason,  Niles,  Sebastian,  Sturgeon,  Turney, 
Westcott,and  Yulee.— 111. 

NAYS. — Messrs.  Atchison,  Badger,  Baldwin,  Bell.  Berrien,  Calhoun,  Clayton, 
Corwin,  Davis,  of  Mississi()pi,  Downs.  Hamlin,  Johnson,  of  Maryland.  Johnson,  of 
Louisiana,  Mangum,  Miller,  Phelps,  Rusk,  Spruance,and  Tfjdiam. — 19. 

The  Senate  being  equally  divided,  the  Vice  President  deter- 
mined the  question  in  the  ne.gative. 

Ordered,  That  the  resolution  be  referred  to  the  Committee  on 
the  Contingent  Expenses  of  the  Senate. 

adjournment  of  congress. 

On  motion  by  Mr.  ATCHISON,  the  Senate  resumed  the  con- 
sideration of  the  resolution  from  the  House  of  Representatives, 
"  That  the  President  of  the  Senate  and  the  Speaker  of  the  House 
of  Representatives  adjourn  their  respective  Hou.ses  on  Monday, 
the  17th  day  of  July  next,  at  12  o'clock,  meridian. 


Mr.  BADGER  moved  to  amend  the  resolution  by  adding  the 

following  : 

"  And  that  the  next  session  of  Congress  be  held  on  the  Monday  of 

next,  and  that  all  business  shall  be  resumed  inthe  condition  in  which  it  is  left  at  the 
close  of  this  session." 

Mr.  ATCHISON  suggested  that  the  blank  be  filled  with  the 
third  Monday  in  October. 

Mr.  BADGER  remarked,  that  it  was  suggested  by  his  friends 
around  him,  that  that  would  be  an  inconvenient  period.  It  was 
the  time  of  harvest  with  the  planters  of  the  South;  he  would  there- 
fore move  that  the  blank  be  filled  with  the  second  Monday  in  No- 
vember. 

Mr.  ATCHISON. — I  believe  it  is  admitted  on  all  hands,  that  if 
Congress  adjourns  in  July,  the  next  session  of  ninety  days,  will  be 
too  short  for  the  transaction  of  the  public  business  ;  and  I  doubt 
very  much  whether,  if  we  make  the  next  session  commence  on  the 
3d  Monday  in  October,  we  shall  even  then,  be  enabled  to  transact 
the  business  that  will  remain  unfinished.  It  was  upon  this  consid- 
eration that  I  offered  a  resolution  some  time  ago,  that  Congress 
should  adjourn  on  the  first  Monday  in  July,  and  meet  again  on  the 
first  Monday  in  October,  and  with  the  additional  object  of  avoiding 
the  heat  of  summer. 

Mr.  CALHOUN. — It  is  my  impression  that  the  Senate  can  do 
more  business  in  one  month  henceforward,  than  in  two  months  af- 
ter its  next  meeting.  I  believe  this  body  has  never  permitted  the 
business  before  it  to  go  over  to  be  revived  at  the  next  session.  In 
every  point  of  view,  it  is  unparliamentary  and  dangerous.  An 
adjournment  now,  without  completing  the  business  before  us,  will 
have  the  efiect  of  postponing  that  business,  not  until  the  next  ses- 
sion, but  until  the  session  after  the  next.  At  the  next  session  we 
shall  scarcely  be  able  to  do  any  thing  at  all.  The  only  chance  for 
us  is  to  continue  where  we  are,  and  go  on  with  as  much  dispatch 
as  possible;  and  if  we  do  this,  I  should  think  that  within  a  month 
we  might  get  through  with  the  greater  part  of  the  4iusiness.  I 
am  as  desirous  to  return  home  as  any  one;  I  feel  as  much  inconve- 
nience from  remaining  here;  but  I  am  willing  to  encounter  that 
inconvenience,  for  the  sake  of  accomplishing  as  much  as  possible 
of  the  public  business,  whilst  we  have  it  now  in  a  partial  state  of 
preparation  before  us.  With  regard  to  meeting  in  October,  a 
more  inconvenient  season  could  not  be  named  for  those  of  us  who 
are  planters.  I  do  hope  that  the  resolution  will  be  laid  upon  the 
table  for  the  present,  and  that  we  will  proceed  with  the  business 
before  us  with  all  possible  dispatch. 

Mr.  BERRIEN. — I  doubt  whether  it  would  be  respectful  to  the 
House  of  Representatives  to  hold  this  resolution  in  our  possession 
without  acting  upon  it.  They  have  concluded  by  the  vote  which 
they  have  given,  to  adjourn  on  the  17th  day  of  next  month,  and  it 
appears  to  me,  that  we  ought  to  determine  at  once,  whether  we 
will  concur  with  them  or  not.  With  respect  to  our  incapacity  to 
transact  the  business  at  the  next  session,  it  will,  I  think,  be  re- 
moved by  adopting  the  proposition  of  the  Senator  from  North  Ca- 
rolina, that  the  business  shall  be  resumed  at  our  next  meeting 
precisely  where  we  shall  have  left  off  at  the  close  of  this  session. 
The  objection  of  the  Senator  from  South  Carolina  will  apply  to 
the  meeting  of  Congress  so  e.irly  as  the  3d  Monday  in  October. 
The  Presidential  election  will  then  be  pending,  and  no  doubt  there 
will  be  a  good  deal  of  excitement,  but  if  a  period  be  somewhat 
later  fixed  upon,  that  objection  will  be  obviated,  for  probably  a 
greater  calm  will  e.xist  immediately  after  the  storm  shall  have 
subsided,  than  at  any  other  time.  I  do  not  conceive  that  there 
will  be  any  great  inconvenience  in  our  re-assembling  on  the  second 
Monday  in  November.  As  to  our  continuing  the  business,  so  as 
to  take  it  up  in  the  same  condition  in  which  we  leave  it,  the  Sen- 
ator from  South  Carolina  says  that  this  is  an  unparliamentary  and 
dangerous  course.  I  admit  that  it  is  not  the  usual  course  of  par- 
liamentary proceeding,  but  the  danger  to  be  apprehended  from 
such  a  course,  I  am  unable  to  perceive.  A  short  time  only  will 
elapse  between  our  adjournment  and  our  next  meeting,  and  we 
shall  have  the  same  committees.  I  do  not  apprehend  that  the 
delay  of  a  few  days  more  or  less,  can  endanger  the  transaction  of 
the  business  that  is  pending. 

Mr.  ATCHISON.— If  it  has  not  been  the  practice  of  the  Sen- 
ate to  lake  up  the  unfinished  business  where  it  was  left  off  at  the 
preceding  session,  I  believe  it  has  been  the  practice  of  (he  House. 
If  Congress,  at  the  next  session,  was  going  to  be  constituted  ol  en- 
tirely different  members,  the  objection  of  the  Senator  from  South 
Carolina  to  aconlinuanco  of  the  business,  in  an  unfinished  state  to 
the  next  session,  would  bo  a  valid  objection  ;  but  it  does  seem  to 
me  that  the  gentlemen  who  constitute  our  committees,  and  from 
whom  we  derive  our.  information,  cannot,  in  the  i^hort  space  of 
three  months,  forget  the  state  of  the  business  which  they  them- 
selves have  investigated  with  so  much  care.  The  Senate  will  be 
then  composed  of  precisely  the  same  members  as  now,  and  we 


June  22.] 


THE  ADJOURNMENT  RESOLUTION. 


751 


shall  be  as  well  prepared,  nay  better  prepared,  after  a  short  re- 
cess, to  resume  and  conclude  the  business,  than  we  are  now,  worn 
out,  as  we  are,  by  a  protracted  session.  I  admit  there  is  a  great 
deal  of  business  that  ought  to  be  transacted,  and  that  speedily, 
but  it  is  impossible  that  it  can  be  brought  to  a  close  within  three 
weeks.  It  will  require  three  months  of  constant  industry.  I 
should  be  unwilling  to  vote  for  the  adjournment  of  Congress  on 
the  17th  of  July  without  adopting  the  amendment  proposed  by 
the  Senator  from  North  Carolina.  With  regard  to  the  objection 
that  has  been  suggested  to  our  meeting  in  October,  on  account  of 
the  Presidential  election  being  then  pending,  I  believe  the  people 
of  the  United  States  will  be  able  to  elect  a  President  without  the 
assistance  of  the  two  hundred  and  nineiy  members  of  Congress. 
Parties  are  pretty  equally  balanced  in  the  two  Houses.  I  believe 
the  difference  is  not  more  than  ten  or  fifteen,  and  1  do  not  think 
that  would  at  all  affect  the  result. 

Mr.  CLAYTON. — This  subject,  since  I  have  been  a  member  of 
this  body,  has  been  frequently  before  us  for  consideration.  Many 
years  age  the  matter  was  fully  canvassed  in  this,  as  well  as  in 
the  other  House,  and  it  was  the  general  sentiment  of  both  branch- 
es, that  it  would  be  better  if  we  could  shorten  the  long  sessions, 
and  lengthen  the  short  ones.  There  was  scarcely  any  difference 
of  opinion  on  this  point,  and  after  debating  it,  we  passed  a  bill 
which  was  intended  lo  operate  permanently,  directing  that  in  fu- 
ture the  session  should  commence  on  the  1st  Monday  of  November. 
There  was  a  constitutional  objection  to  it,  and  while  the  Presi- 
dent admitted  the  expediency  of  the  law  if  it  could  be  passed  con- 
stitutionally, yet  upon  the  ground  of  unconstitutionality  he  put  bis 
veto  upon  it.  The  only  course  then  for  Congress  was  by  joint  re- 
solution to  make  their  own  regulations  by  adjourning  to  such  time 
as  they  thought  proper.  Such  is  the  course  proposed  now  to  bo 
adopted,  and  I  for  one,  for  the  same  reason  that  I  voted  for  that 
bill,  am  in  favor  of  this  proposition.  I  recollect  very  well  when 
we  passed  the  bill  to  which  1  refer,  the  matter  was  much  canvassed, 
the  convenience  of  gentlemen  from  all  sections  was  consulted, 
and  I  should  think  that  the  day  fixed  in  that  bill  would  be  the 
most  appropriate  for  the  next  meeting  of  Congress,  viz  :  the  first 
Monday  in  November.  With  regard  lo  the  Presidential  election,  I 
do  not  know  that  we  can  do  better  for  the  country  than  by  attend- 
to  our  own  duties  here,  and  leaving  the  election  to  other  bands. 
It  is  suggested  that  there  will  be  too  much  excitement  among 
the  members  to  admit  of  a  proper  attention  to  the  business  of  le- 
gislation. I  have  no  such  apprehension;  I  believe  there  is  quite  as 
much  excitement  now  as  there  will  be  then,  and  I  fancy  there  is 
quite  as  much  danger  of  precipitating  the  business  now  as  there 
will  be  then.  I  know  from  what  observation  I  have  made,  that  at 
the  close  of  a  long  session  in  July  or  August,  we  pass  more  im- 
portant bills  without  due  consideration  than  we  do  during  the  pre- 
vious months  of  the  session.  We  become  worn  out  with  constant 
attendance  here  during  the  heat  of  summer,  and  if  we  can  have 
the  pleasant  months,  instead  of  the  months  of  July  and  August 
for  the  transaction  of  the  business,  it  certainly  seems  to  me  desi- 
rable tharwe  should  take  that  course. 

Mr.  BUTLER. — In  order  to  afford  ourselves  an  opportunity 
for  the  transaction  of  all  the  necessary  business,  we  must  either 
protract  the  session  or  meet  at  an  earlier  day  than  that  indicated 
by  the  amendment.  lam  extremely  anxious  to  return  home,  but 
there  is  business  here  which  requires  to  be  disposed  of,  and  I  should 
infinitely  prefer  proceeding  to  dispose  of  that  business  at  once, 
to  being  obliged  to  return  here  in  October.  There  are  many  mat- 
ters which  I  desire  should  be  disposed  of  before  the  Presidential 
election.  I  wish  to  have  a  very  clear  prospect  before  me  before 
I  vote,  or  recommend  my  constituents  to  vote  one  way  or  the 
other.     I  do  not  wish  the  canvass  to  bo  conducted  in  the  dark. 

Mr.  ATHERTON.— It  has  been  suggested  by  the  Senator 
from  Georgia  that  it  would  be  disrespectful  to  the  House  to  post- 
pone action  upon  this  resolution,  bnt  I  think  there  can  be  nothmg 
of  the  sort  inferred  from  our  delay,  because  as  far  as  I  recollect,  it 
has  been  the  common  practice  of  the  Senate  to  retain  such  resolu- 
tions coming  from  the  House  until  it  was  ascertained  that  the  bu- 
siness could  be  disposed  of.  It  is  well  known  that  all  the  appro- 
priation bills  have  to  originate  in  the  House,  and  that  the  Senate 
has  to  act  upon  them  in  very  considerable  haste.  It  is  important, 
therefore,  that  the  Senate  should  know  when  they  are  to  be  put  in 
possession  of  those  bills.  The  most  important  of  them  are  still  in 
possession  of  the  House.  It  seems  to  me,  taking  all  things  into 
consideration,  that  there  will  not  be,  between  this  and  the  4th  of 
March  next,  a  period  so  favorable  for  the  transaction  of  the  public 
business  as  the  month  that  is  to  follow  this  very  day.  As  to  the 
inconvenience  of  remaining  here  dm'ing  the  warm  weather,  I  be- 
lieve I  feel  that  inconvenience  as  much  as  any  one;  but  I  appeal 
to  Senators,  whether  a  summer  session  is  not  more  healthy  than  a 
winter  session.  There  are  fewer  cases  of  illness  and  mortality 
among  us  in  the  summer  than  in  the  winter.  If  we  can  conclude 
the  business  by  the  17th  of  July,  I  shall  be  as  willing  as  any  one 
to  concur  in  the  resolution.  But  it  seems  to  me  that  we  cannot 
now  say  that  we  can  properly  despatch  the  business  that  is  now 
before  us  within  that  time. 

Mr.  BRIGHT. — The  hour  for  the  consideration  of  the  special 
order  has  arrived,  and  I  must  insist  upon  calling  it  up  unless  the 
motion  I  am  about  to  make  shall  be  acted  upon  without  debate. 
I  believe  that  if  we  fix  upon  the  31st  of  July  for  the  adjournment, 
it  will  probably  suit  all  parties.  I  move  to  insert  the  31st  of 
My. 


Mr.  FOOTE.— Mr.  President  :  This  question  of  adjournment 
has  awakened  more  feeling  in  the  Senate,  and  given  rise  to  a 
ranch  more  extended  discussion  than  any  of  us  anticipated.  Heart- 
ily concurring  in  all  that  has  been  heretofore  said  in  opposi- 
tion to  fixing  a  day,  at  this  time,  upon  which  the  deliberations 
of  Congress  at  the  present  session  shall  be  made  to  terminate,  I 
seize  the  opportunity  of  stating  an  additional  consideration 
which  of  itself  would  be  of  sufficient  cogency  to  control  ray  ac- 
tion upon  this  subject.  There  is,  at  least,  one  measure,  before  the 
adoption  of  which.  Congress,  in  my  judgment,  should  never  con- 
sent to  adjourn.  I  allude  to  the  organization  of  territorial  govern- 
ments in  Oregon,  California,  and  New  Mexico.  I  know  that  thera 
are  questions  of  peculiar  delicacy  and  importance  involved  in  the 
contemplated  establishment  of  territorial  goverenments  in  the  re- 
gions named;  but  I  am  only  the  more  desirous,  on  that  account, 
that  they  should  be  boldly  met  and  promptly  decided.  If  these 
questions  remain  open  during  the  Presidential  contest  it  is  impos- 
sible to  conjecture  what  consequences  may  arise.  The  intense 
excitement  now  raging  in  two  opposite  quarters  of  the  confedera- 
cy, and  every  day  growing  more  and  more  intense,  may  put  at 
hazard  the  Union  itself,  and  vpill  certainly  call  into  being  two  sec- 
tional factions,  divided  by  a  mere  geographical  line,  which  will 
never  cease  lo  war  upon  each  other  as  long  as  the  Union  shall  con- 
tinue. I  regard  the  present  as  far  the  most  auspicious  period 
which  will  ever  occur  for  obviating  this  great  danger,  and  once 
more  restoring  fraternal  amity  and  concord. 

Besides,  sir,  I  am  willing  to  confess  that  I  am  not  a  little  desir- 
ous of  ascertaing,  ere  Congress  shall  adjourn,  of  what  precise  ma- 
teriel the  whig  party  is  composed — whether  that  party,  if  it  can 
reach  the  seats  of  authority  once  more,  will  be  inclined  to  enforce 
its  ancient  views  of  governmental  policy,  or  will  be  content,  as 
has  been  promised  by'certain  leading  gentlemen  of  that  party,  lo 
permit  the  policy  of  the  present  administration  to  remain  undis- 
turbed. There  is  still  another  point  U]ion  which  I  desire  to  obtain 
a  more  satisfactory  exphumtion  than  has  heretofore  been  given. 
Will  General  Taylor,  if  elected,  be  willing  to  use  the  veto  pow- 
er against  the  Wilinot  proviso  ?  On  this  subject  his  language  has 
leen  so  lar  most  painfully  ambiguous  and  contradictory;  and  in 
the  two  sections  of  the  Union  be  is  claimed  both  as  friendly  and 
adverse  to  this  accursed  measure.  Nor  has  the  language  of  bis 
friends  lind  supporters  in  the  two  Houses  of  Congress  been  more 
satisfactory.  Sir,  the  people  are  resolved  not  to  be  hood-winked 
any  longer  by  the  dexterous  tacticians  of  party;  they  are  resolved 
to  have  explicit  declarations  ofopinion  from  all  who  aspire  to  their 
suffrages  in  regard  to  this  all  important  question.  No  arts  of  eva- 
sion or  subterfuge  will  any  longer  avail  those  who  have  heretofore 
practised  them.  Should  the  whig  leaders  hero  be  compelled  to 
show  their  hands  and  avow  their  real  principles  and  designs,  the 
speedy  overthrow  of  their  party  could  not  be  possibly  avoided. — 
This  they  wpll  know;  and  therefore  it  is  that  so  much  anxiety  has 
been  evinced  by  certain  gentlemen  to  bring  about  an  immediate 
adjournment.  I  am  not  willing  to  gratify  them  at  the  expense  of 
the  country;  and  I  shall  therefore,  as  I  have  already  said,  vote 
against  fixing  any  particular  day  of  adjournment  for  the  present. 

I  am  free  to  acknowledge  that  the  conduct  of  whig  Senators  in 
desiring  to  avoid  a  positive  committal  upon  the  great  questions 
now  in  agitation,  is  in  excellent  keeping  with  the  course  pursued 
by  the  convention  of  their  jiarly  which  lately  assembled  in  Phila- 
delphia; which  remarkable  body  is  known  to  have  met  and  ad- 
journed without  the  least  declaration  of  principles,  or  the  most  re- 
mote allusion  to  the  objects  which  they  desire  to  attain.  The  fa- 
bled journey  of  jEneas  to  hell  was  not  a  whit  more  mysterious  than 
the  movements  of  those  wise  men  who  the  other  day  were  seen 
counselling  together  in  Independence  hall.  Truly  may  it  be  said 
of  them,  as  of  the  son  of  Anchizes  and  the  Sybil,  ibant  sola  sub 
node.  Nor  was  the  idea  of  the  golden  offering  to  Proserpine  en- 
tirely forgotten  among  them;  for  did  not  the  President  of  this  famous 
body,  even  in  his  opening  speech,  announce  to  the  multitude  who 
surrounded  him,  boldly  to  inscribe  upon  their  banner  the  significant 
motto  :  "To  the  victors  belong  the  spoils"  ?  I  am  decidedly  of 
opinion,  that  we  are  bound  as  liberal  men  to  make  more  or  less  al- 
lowance for  the  members  of  the  Philadelphia  convention;  we  should 
not  perhaps  censure  I  hem  too  severely  for  not  laying  down  a  reg- 
ular party  platform  for  the  opening  Presidential  campaign.  It 
had  been  undoubtedly  ascertained  among  them,  that  no  political 
creed  could  be  devised  to  which  any  considerable  number  of  their 
body  would  be  able  to  subscribe,  and,  therefore,  was  it  judged 
most  discreet  to  forego  entirely  the  consideration  of  every  thing 
like  principle.  Availability  and  the  spoils  of  office  were  alone 
looked  til.  It  was  not  desired  to  give  offence  to  any  who  might 
be  inclined  to  support  General  Taylor  on  any  possible  ground;  and 
the  utmost  care  was  accordingly  employed  to  avoid  the  introduc. 
tion  of  topics  which  might  produce  disputation,  and  develop  con- 
trariety of  sentiment.  It  was  resolved,  in  the  language  of  St. 
Paul,  "  to  be  all  things  to  all  men,"  at  least  for  a  season;  or  in 
the  well  known  words  of  a  distinguished  whig  of  Virginia,  it  was 
deemed  politic  to  extend  the  whig  "net  so  widely  as  to  catch  birds 
of  every  feather."  Such  was  the  conduct  of  the  whig  convention 
of  1840,  and  succeeding  then  in  deluding  the  people,  it  is  hoped 
that  similar  arts  may  be  equallv  successful  at  the  present  time. 
Sir,  it  shall  not  be  my  fault  if  the  game  of  1840  shall  be  played 
over  again  successfully;  I  am  resolved  that  the  whig  leaders,  here, 
at  least,  shall  avow  their  principles,  and  explain  those  of  their  Pre 
sidcDtial  candidate,  or  permit  the  most  unfavorable  presumption* 
to  be  dedaced  ijrom  their  silence. 


752 


THE  ADJOURNMENT  RESOLUTION. 


[Thursday, 


Mr.  MANGUM. — I  do  not  perhaps  very  well  comprehend  the 
matter  to  which  the  honorable  Senator  from  Mississippi  refers, 
when  he  speaks  of  certain  whigs  not  being  willing  to  meet  the 
questions  that  aro  before  the  country.  I  speak  for  nobody  but  my- 
self when  I  say  that  there  is  no  qnestion  that  I  am  not  ready  to 
meet,  and  meet  fully.  And  I  think  I  speak  the  sense  of  my  friends 
on  this  side  of  the  chamber,  when  I  say  there  is  no  question  that  we 
are  not  all  prepared  to  meet.  And  I  think  I  may  therefore  say  to 
the  Senator  from  Mississippi,  that  lie  may  dismiss  from  his  mind 
any  suspicion  or  alarm,  if  he  be  capable  of  feeling  it,  that  any 
movement  will  be  taken  here  to  avoid  meeting  any  question  what- 
ever that  may  be  raised.  It  is  true,  as  the  honorable  Senator  has 
said, we  have  spread  our  drag-net, aird  we  expect  to  bring  up  a  great 
many  fish  from  the  great  deep,  that  have  not  been  found  hitherto 
in  the  whig  net.  The  purpose  of  every  gentleman,  I  apprehend, 
is  to  do  the  public  business,  and  no  one  wlio  has  turned  his  attention 
to  the  business  that  is  now  pending,  can  suppose  it  is  possible  to  dis- 
pose of  it  properly  before  the  17th  of  July,  and  with  the  view  of  avoid- 
ing the  ditficiilties  that  will  result  from  leaving  a  great  amount  of  bu- 
siness unfinished,  to  be  perfected  hereafter,  it  is  proposed  to  elongate 
the  next  session  by  meeting  in  November  or  October.  It  is  there- 
fore simply  a  question  of  convpnienee,  and  upon  that  point,  with- 
out any  very  tenacious  views  in  regard  to  it,  I  consider  it  a  mat- 
ter of  great  inconvenience  that  we  should  be  obliged  to  meet  here 
in  the  autumn  ;  and  I  believe  with  the  Senator  from  South  Caro- 
lina, that  if  the  Senate  will  set  itself  earnestly  to  work,  we  shall 
be  able  to  accomplish  more  by  the  first  of  August  I  ban  if  we  meet 
in  October.  The  committees  are  now  fresh  from  the  snbjects  they 
have  examined;  and  we  shall  proceed  with  greater  facility  than 
we  can  possibly  do  after  a  recess.  I  om  disposed  to  yield  very 
raaoh  to  the  personal  inclination  of  our  friends  who  are  in  favor  of 
an  early  adjournment,  but  I  suppose  every  Senator  must  perceive 
that  if  we  adjourn  on  the  17th  of  next  month,  and  meet  at  the 
usual  time  next  year,  it  will  be  impracticable  to  accomplish  all 
that  remains  to  bo  done.  I  think  that  the  further  consideration  of 
this  resolution  should  be  postjioned  i'or  the  jiresent — say  until  next 
week. 

Mr.  BRADBURY. — I  am  in  favor  of  acting  upon  the  resolu- 
tion now  ;  for  all  past  experience  has  shown,  that  when  a  day  is 
fixed  for  adjournment,  the  Senate  will  work  up  to  it,  and  complete 
the  business  within  the  time.  If  it  be  supjioscd,  however,  that  the 
day  named  by  the  House  will  not  give  us  an  o|>portunity  to  com- 
plete the  business,  let  the  rccolution  be  amended  by  substituting 
the  31st  of  July.  I  hope,  at  all  events,  the  resolution  will  be  acted 
ed  on  without  further  delay. 

Mr.  FOOTE.— I  always  regret  to  be  compelled  to  difl!cr  from  my 
distinguished  friend  from  Maine,  who  has  just  addressed  the  Senate, 
but  on  this  occasion,  I  find  it  impossible  to  avoid  it.  The  honora- 
ble Senator  from  North  Carolina  (Mr.  Mangum)  has  done  me 
the  honor  to  notice  some  of  the  suggestions  thrown  out  by  me 
upon  the  question  of  adjournment,  and  has  expressed  a  willing- 
ness to  do  battle  in  behalf  of  tl-.e  Presidential  ticket,  lately  nomi- 
nated at  Philadelphia.  This  is  exactly  what  I  expected  from  the 
chivalry  of  that  gentleman;  I  fear  though  that  lie  will  find  himself 
but  slenderly  supported  by  his  customary  allies  in  this  chamber; 
and  it  is  still  more  certain  that  in  venturing  upon  discussion,  he 
does  not  pay  the  least  respect  to  the  example  of  discreet  silence 
set  him  in  Philadelphia  ;  where  were  assembled  men  jirofessing 
free  trade  principles,  and  ultra-protectionists;  men  in  favor,  even 
yet,  of  a  National  Bank,  and  men  who  avow  themselves  opposed 
to  banks  and  banking  in  every  conceivable  shape  and  form  ;  Inde- 
pendent Treasury  men,  and  men  opposed  to  the  Independent 
Treasury — men  ojiposed  to  the  Mexican  war,  and  men  in  favor  of 
it;  no  territory  men,  and  men  whose  appetite  for  territorial  acqui- 
sition can  only  be  satisfied  by  all  Mexico  and  Cuba  into  the  bar- 
gain— friends  ol  the  Wilmot  proviso,  and  enemies  to  all  restrictions 
upon  settlement  in  our  territorial  domain  of  any  kind  whatsoever, 
.save  what  the  settlers  shall  themselves  impose.  Will  the  Senator 
from  North  Carolina  have  the  goodness  to  inform  the  Senate  and 
the  country,  with  what  class  of  his  supporters  it  is,  that  General 
Taylor  concurs  ?  It  would  be  a  pity  that  any  of  his  present  friends 
.should  be  disappointed  by  his  course  as  President,  should  he  chance 
to  be  elected.  I  am  afraid  they  might  be  tempted  to  denounce 
him  as  a  traitor,  as  it  is  well  known  they  did  Mr.  Tyler  under  si- 
milar circumstances.  If  the  Senator  from  North  Carolina,  then, 
(^aii  in  advance  inform  us  what  Gen,  Taylor's  real  oj>inioiis  are.  I 
feel  certain  he  will  do  much  present  gooif  and  prevent  future  mis- 
understanding among  the  IVicnds  of  th.at  distinguished  personage. 
Whether  he  will  strengthen  the  General  very  greatly  for  the  pre- 
sent canvass  is  perhaps  more  doubtful  ;  though  1  regard  the  ex- 
periment as  decidedly  worthy  of  trial.  In  the  absence  of  a  clear 
and  satisfactory  exposition  of  the  General's  political  opinions  from 
the  convention  which  iiominatod  him,  I  have  been  disposed  to  look 
to  other  sources  for  information,  and  the  result  of  my  scrutiny  I 
will  proceed  to  lay  before  the  Senate.  I  find  that  the  newspapers 
sustaining  his  pretensions  all  recognize  him  as  a  whig,  and,  as 
such,  in  favor  of  that  whole  class  of  measures  understood  to  be 
embraced  in  what  is  known  as  whig  policy.  This  is  certainly  con- 
tradictory to  declarations  which  some  of  us  encountered  last  win- 
ter in  the  social  circles  of  Washington,  when  it  was  freely  and  po- 
sitively assorted  by  several  who  were  jiresumed  to  speak  by  autho- 
rity, that  Gen.  Taylor,  if  elected,  wojild  not  bo  inclined  to  disturb 
the  measures  of  domestic  policy  so  successfully  put  in  operation  by 
the  present  administration  ;  but  inasmuch  as  no  written  assurance 
has  been  given   by   Gen.    Taylor,  at  least  none  that  it  has  been 


deemed  safe  to  promulge.  of  his  willingness  to  play  the  part  of  a 
democratic  President,  though  taken  up  by  the  whig  party,  and  to 
be  elected  to  the  Presidency,  if  at  all,  by  whig  votes,  I  suppose 
we  shall  have  to  regard  him  as  a  genuine  and  unadulterated  whig 
of  the  most  approved  Clay  and  Webster  stamp.  There  is  one 
point,  however,  upon  which  the  newspapers  of  the  whig  party 
seem  to  differ  very  widely  indeed.  I  allude  to  the  Wilmot  provi- 
so. For  it  is  a  striking  fact  that  whilst  the  southern  whig  editors 
all  set  him  down  as  a  zealous  and  inflexible  pro-slavery  man — • 
whoso  pecuniary  interests  as  a  large  slaveholder  will  insure  his  firm 
and  steady  opposition  to  all  attempts  to  restrict  the  extension  of 
domestic  slavery,  by  Congressional  legislation,  within  its  present 
territorial  limits  ;  the  newspapers  of  the  whig  party  in  that  sec- 
tion of  the  Union  where  this  system  of  slavery  is  not  tolerated  by 
law,  and  where  the  fiercest  opposition  is  exhibited  to  its  larther 
difliision,  without  a  single  exception,  so  far  as  I  have  been  able  to 
ascertain,  have  presented  him  to  their  respective  readers  as  a  Wil- 
mot proviso  man,  and  as  such  prepared,  if  elevated  to  the  Execu- 
tive chair  of  the  nation,  to  withhold  his  veto  from  this  noxious 
measure — thus  permitting  it  to  become  one  of  the  permanent  laws 
of  the  republic.  I  dislike  exceedingly  to  run  into  detail  upon  this 
head  ;  but  holding  it  to  be  quite  important  that  the  South  should 
understand  in  time  the  precise  extent  of  the  danger  to  which  she 
stands  exposed  on  this  vital  point,  I  shall  take  the  liberty  of  lay- 
ing before  the  Senate  and  the  country  a  lew  extracts  from  leading 
whig  journals  of  extensive  circulation  in  the  free  States  of  the 
Union,  from  which  the  general  course  of  the  editors  sustaining 
General  Taylor's  pretensions  in  that  section  of  the  confederacy, 
may  be  easily  inferred  ; 

And,  first,  I  will  read  an  extract  from  the  "  Daily  Democrat," 
published  at  Rochester,  New  York,  which  is  as  follows  : 

"  Ami  here  is  llie  precise  difference  between  Cass  and  Gen.  Taylor.  It  is  possible 
ttiat  tJen.  Taylor  enteitaiiis  doubtsof  the  e.\|ieiliency  ot  prohibiting  slavery  in  the  ter- 
ritories, and  that  he  would  not  originate  or  recommend  such  a  measure. 

■•  It  may  even  be,  that  he  shares  in  the  scruples  of  Gen.  Cass,  as  to  tile  grant  of 
],ower  to  (^onKress  to  legislate  for  them  upon  this  subject.  But  Taylor  tells  us  that 
the  personal  opinions  of  the  Executive  ought  not  to  control  the  action  of  Congress;  nor 
ought  his  objt'ctimts  lo  be  interposed  when  qiicstitms  of  constitutional  power  \\3.v9 
been  settled  by  the  various  departments  of  government,  and  acquiesced  in  by  the 
jicople. 

"'  Now,  we  are  entirely  willing  to  rest  the  power  of  Congress  to  restrain  the  exten- 
sion of  tlavery  upon  its  having  been  settled  by  all  the  departments  ti  government, 
.■ind  :u'(|uiesced  in  by  the  people.  We  can  show  that  it  has  been  exercised  in  respect 
to  SIX  territories  by  a  perpetual  interdiction  of  slavery,  and  in  four  others  the  legisla- 
tive jjowerof  Congress  over  slavery  has  been  asserted  in  the  way  of  limitation  and  re- 
gulation. That  every  I're*ident  lias  in  some  way  recognized  the  existence  of  this 
power — that  it  has  been  solemnly  declar.'d  by  the  courts  of  the  United  States,  and 
(if  nearly,  if  not  quite,  all  those  of  every  slave  State — Gen.  Taylor,  tiierefore.  is  bound 
rinrl  pledged  not  to  interpose  objections,  if  he  entertains  any,  to  arrest  or  defeat  the  ac- 
tion of  (Vjngress." 


Boston  Atlas''  claims  atlen- 


Next,  a  short  extract  from  the 
tion.     It  reads  thus  : 

■■  We  are  not  unaware  that  there  are  some  among  us  who  arc  reluctant  to  yield  to 
(len.  Taylor  their  support,  even  though  the  nominee  of  the  I'liiladelphia  convention. 
We  feci  assured  that  they  can  be  hill  t'ew.  ^IV 

"  Let  them,  if  they  really  mean  to  be  rii^ht,  and  to  act  for  the  best,  anil  with  ctaiT 
luiiscieiiccs,  consider  whether  they  really  have  any  good  grounds  for  their  hesitation 
to  su|iport  tjen.  Taylor ;  and  above  all,  let  them  lake  into  view  the  fearful  responsi- 
bility tliey  will  take  upon  themselves,  if  by  tlieir  opposition  they  bring  upon  the 
country  all  the  awful  consequences  involved  in  the  election  of  LewisCass.  Let  them 
ponder  these  things  well.  Let  them  learn — as  they  will  learn,  if  they  will  not  be  deaf 
and  blind  to  the  truth — tliat  Geii.  T.aylor  is  a  whig  in  principle — is  in  favor  of  peace 
— oppoied  to  all  war — believes  slavery  to  be  a  curse  to  the  country,  and  desires  its  ex- 
lerminalion— and  is  opposed  to  the  further  extension  of  slave  territory." 

Next,  I  will  invite  notice  to  an  extract  from  the  "Toledo 
Blade,"  published  in  Ohio  : 

"  tIeuerulTaylor  declares  expressly  in  his  first  letter,  written  two  yean  lincj' to 
James  M.  Taylor,  Ks(].,  then  editor  of  the  "  Cincinnati  Signal,"  that  he  considers  the 
ordinance  of  17y7  the  best  code  of  laws  for  the  government  of  a  new  territory,  in  ex- 
istence. Now,  what  is  the  prominent  feature  of  this  ordinance?  Is  it  not.  clearly, 
that  no  slavery  shall  exist  in  the  territory  for  which  it  was  framed  1  Here  is  the  doi- 
triiie  of  the  Wilmot  proviso  fully  endorsed.  If  the  language  of  Gen.  Taylbr  meauB 
an}  thing,  it  means  every  thing,  and  allhougli  he  may.  from  his  peculiar  location  and 
occupation,  as  an  extensive  planter,  find  it  necessary  to  hold  slaves  himself,  it  does 
nol  follow  that  he  should  approve  of  the  (extension  of  the  evil  of  slavery  into  territory 
now  free,  any  more,  than  that  Lewis  Cass,  who  has  spent  his  hfe  in  a  free  State — 
w  liose  sympathies  and  associations  have  all  been  with  tree  laborers — should  not  ap  - 
prove  ol  it.  Gen.  Cass,  we  believe,  is  not  suspected  of  entertaining  any  other  than 
the  most  radical  views  in  favor  of  an  extension  of  slavery.  If  he  does,  the  platform 
erected  for  him  by  his  party  and  his  own  letter  of  acceptance  and  endorsement,  great- 
ly belie  him, 

"  Again,  his  views  upon  the  qualified  use  of  the  veto,  restricting  it  to  mallen,  that 
are  clearly  unconstitutional,  and  never  to  be  employed  against  a  decisive  Congressional 
vote,  are  stronger  safeguards  againt  the  extension  of  slavery,  than  any  personal  pledges 
of  opposiuon.  This  is  power  and  authority  ;  it  is  the  opinion  of  a  wise  head  and 
good  lieart,  upon  a  subject  which  of  itself  is  the  very  fountain  of  .ill  law.  Would 
Gen.  T.^ytor  veto  the  Wilmot  [iroviso  ?  Would  he  dare  to  say  to  the  assembled  Con- 
gress of  the  United  States,  it  is  unconstitutional  to  pass  such  a  law,  e$|>ecialty  after 
liis  endorsement  of  it  in  his  lirst  letter,  alter  declaring  his  opposition  to  the  war,  and 
after  expressing  a  determination  to  avoid  the  use  of  the  veto,  except  in  the  most  ex- 
treme eases  ?     We  do  not  believe  it ! 

"  IIow  is  it  with  ihe  locofocos  ?  Their  platform  tells  a  different  story.  They  op- 
pose the  Wilmot  proviso,  favor  tlH>  use  of  the  veto,  approve  of  the  war  anil  its  results. 
Now.  with  such  doctrines  what  else  can  bo  expected  than  that,  if  (,'ass  should  be 
elected  lu  the  Presidency,  e\ery  wish  of  the  most  violent  jiro  slavery  men  would  be 
iiiimeiliately  gralilied  ?  We  coulil  expect  nothing  else,  for  these  are  the  principles  of 
tlieir  doctrinal,  nominaliiig  convention," 

Next,  an  article  from  the  Cincinnati  Gazette  will  be  found  wor- 
thy of  attention  : 

"  The  nomination  of  General  Taylor  by  the  whig  national  convention  is  responsive 
to  the  authoritative  voice  of  Uic  popular  will  of  the  whigs  of  the  Union,  legitimately 
expressed  in  the  mode  and  manner  which  they  themselves  piovided. 

"  In  April,  1847,  the  editor  of  the  Cincinnati  Signal  sent  to  General  Taylor  an  edi- 
torial article,  in  which  is  the  tbllowing: 

"  The  only  path  of  safety  for  those  who  may  hereafter  fill  the  Presidential  otiice  is 
to  rest  in  the  discharge  of  LxeeuUve  functions,  and  let  the  legislative  will  of  the  peo- 
ple find  utterance  ami  enactment.  The  American  iieople  are  about  to  assiims  the 
responsibility  of  framing  the  institutions  ol"  the  Pacific  Stall's.  We  have  no  fears  for 
the  issue,  if  tlie  arena  of  the  high  debate  is  llie  assemblies  of  the  p«Oiile  and  tlieir  re- 


June  22.J 


THE  ADJOURNMENT  RESOLUTION. 


753 


presentative  Italls.     77ie  extemion  over  thf  continent  beyond  the  Rio  Orandc  of  the 
ordinance  of  1767  is  an  object  too  high,  and  permanent  to  be  baffled  by  Presidential 

"  To  the  article  from  which  the  above  extract  is  made,  General  Taylor  responded, 
in  a  letter  ol'date  May  1?.  1847.  acknowledging  his  '  high  opinion  and  decided  ap- 
proval of  tlie  views  and  sentiments.' 

"Here,  il  ^vill  be  noticed,  that  General  Taylor  decidedly  approves  of  giving  to  the 
wdi  and  acts  of  Congresi  '  force  and  effect,'  unrestricted  \>y  W\ns}y  vetoes ,  and  that  no 
Executive  yeio  should  prevent  the  extension  of  tbe  ordinance  of  VS7  orer  newly  ac- 
acquired  Mezican  territory.'^ 

The  following  extract  from  the  *'  Pittsburg  Journal,"  one  of  the 
strongest  Wibnot  proviso  papers  in  the  country,  will  be  found 
to  the  same  effect  : 

"The  position  of  General  Taylor  in  regard  to  this  alt  important  tinesiion  is  peifect- 
Iv  satisfactory  to  the  whigs  of  the  Xorlh.  What  we  desire  in  a  President  is.  that  he 
■:han  not  inteipose  to  defeat  the  wdl  of  the  people,  as  expressed  throngh  Congress.  In 
ii;e  language  of  Mr.  Forward,  the  whigs  want  nothinglhal  Ihey  cannot  obtain  tbtousrh 
the  action  nf  Congress. 

"  General  Taylor's  position  is  one  which  will  make  him  the  executor,  not  tlie  dicta- 
tor, ofthe  public  will. 

"  If  the  Wilmot  proviso  is  adopted  by  Congress,  General  Taylor,  hi  President,  will 
not  veto  It. 

'■  We  regard  General  Tayloi  as  opposed  lo  the  extension  of  slavery,  although  a 
southern  man. 

■'The  extract  from  Mr.  Ashmnn's  address,  which  we  publish  above,  is  theground 
upon  which  we  go  into  the  support  of  General  Taylor.  This  ground  is  sure,  firm,  and 
jafe." 

Let  me  now  call  attention  to  the  address  which  has  just  been  is^ 
sued  by  the  State  Central  Whig  Committee  of  OIn'o  to  the  voters 
of  that  Slate.  The  whole  address  is  loo  lon^  to  have  read  ;  but 
the  succeeding  extract  will  plainly  show  what  are  liie  views  of 
the  whiiTs  of  Ohio  in  regard  to  General  Taylor'3  principles,  and 
especially  as  to  his  views  on  the  Wilmot  proviso  : 

"  It  would  doubtless  have  been  more  consonant  to  the  Whigs  of  Ohio  had  a  can- 
didate been  selected  wiiose  residence  and  associations  would  have  naturally  inclined 
him  to  agree  with  u«  fully  on  this  subject.  Hjj;  residence  and  assor-iatious.  however, 
have  not  blinded  General  Taylor  to  the  evils  of  tlie  institution  of  slaverv,  and  the 
mcral  depravity  of  its  extension.  On  the  subject  of  slavery  extension,  the  views  of 
Genernl  Taylor  nre_  freely  expresserl  m  his  approval  of  the  sentiments  contained  in  tlie 
following  extract  of  an  editorial  article,  published  in  the  "  Cincinnati  Signal"  of  April, 
1H47,  and  sent  by  the  editor  to  General  Taylor  : 

"  ■  The  only  path  of  safety  for  ibo^e  who'  may  hereafter  fill  the  Presidential  office  is 
to  rest  in  thediiCbarge  of  Executive  functions,  and  let  the  legislative  will  of  Ibe  people 
find  utterance  and  enactment.  The  American  people  are  about  to  assume  the  respon- 
sibility of  framing  the  inslituiions  ot  the  Pacific  States.  We  have  no  fears  for  the  is- 
sue if  the  arena  ofthe  high  debate  is  tlie  a'^semblies  ofthe  people  nnd  their  representa- 
tive halls.  The  ettension  over  the  continent  hemnd  the  Rio  Grande  of  the  ordinance 
of  1781  is  an  object  too  hi^h  and  pcrmavient  to  he  bailed  by  Presidential  rerofj..' 

"  To  the  article  from  which  the  above  extract  is  made  General  Taylor  re-inonded, 
iu  a  letter  of  date  May  18. 1847,  acknowledging  his  '  high  opinion  and  decided  appro- 
val ofthe  viewMand  sentiments.' 

•'  Here,  it  \^ll  be  noticed,  that  General  Taylor  decidedly  appruves  o^  giving  to  the 
will  and  acts  of  Congress  '  force  and  effect,'  unrestricted  by  kingly  vetoes,  and  that  no 
Eiecotive  veto  should  prevent  the  extension  of  the  ordinance  of  17H7  over  ne7chj  ac 
quired  Mexicaii  territory.^' 

In  addition  to  these  testimonials,  I  beg  leave  to  suggest  to  gen- 
tlemennot  already  apprised  of  the  fact,  that  a  certain  manifesto 
has  been  recently  addressed  to  the  whigs  of  Massachusetts,  by  one 
of  her  leading  representatives  in  Congress,  and  who  was  also  a 
member  of  the  Philadelphia  convention,  which,  if  not  expressly 
contradicted  by  Gen-  Taylor  during  the  Presidential  canvass,  will 
bind  him  as  an  honorable  man  lo  throw  no  obstacles,  as  President 
ofthe  United  States,  in  The  way  of  the  Wilmot  proviso.  I  allude 
to  the  circular  of  Mr.  Ashmiin  to  his  constituents,  which  has  evi- 
dently constituted  the  basis  upon  which  the  whigs  of  Massachi!- 
setts  have  rallied  to  the  support  of  General  Taylor.  That  docu- 
ment reads  as  follows  : 

"  General  Taylor  (says  he)  was  not  my  preference,  but  I  believe  him  to  be  a  tme 
whig,  an  honest  and  capable  man.  opposed  to  the  acquisition  of  Texas,  with  sound 
and  conservative  principles,  opposed  lo  further  enlarging  the  boundaries  of  oor  Cnion; 
and.  although  he  lives  in  the  latitude  where  slavery  is  tolerated,  yet  I  do  not  believe 
that  he  desires  or  approves  its  extension.  His  declared  sentiments  are  a  guaranty  that 
he  will  never  in  the  slightedt  manner  interferw  with  the  action  of  Congress  when  it 
shall  forbid  the  existence  of  slavery  in  our  newlv  acquired  territories.  Let  the  repre- 
sentatives ofthe  people  and  of  the  Sta'es  be  left  free  to  act  upon  that  question,  un- 
controlled by  executive  influence  and  executive  veto,  and  we  are  safe.  I  need  not,  I 
am  confident,  give  to  you  any  assuraiios  that  whenever  the  question,  in  any  form, 
shall  bepre'^ented  during  my  official  term,  the  rights  of  humanity  shall  find  in  me  an 
unyielding  advocate.     The    issue  wifl  soon  come  ;  it  is  to  be  met  in  the  halls  of  Con- 

fress  ;  and  then  it  l-  lo  be  decided,  in  all  probability,  durmg  the  continuance  of  Mr. 
olk'a    adininisliatioii.     Let  Ihe   people  of  the  free  States  look  to  their  representa- 
tives ! ' ' 

Such  is  the  condition  of  things  in  New  England  and  the  free  States 
generally,  in  regard  to  General  Taylor's  attitude  upon  the  Wil- 
mot proviso.  I  do  not  charge  him  in  direct  terms  with  being  at 
heart  favorable  to  the  Wilmot  proviso  ;  but  I  do  insist,  and  with 
the  utmost  confidence,  tooj  that  if  elected  without  farther  explana- 
tion, his  supporters  among  the  "  conscience  whigs,"  as  they  are 
called,  would  have  great  right  lo  complam  of  any  attempt  on  his 
part,  as  President,  to  defeat  their  favorite  measure  bv  the  inter- 
position ofthe  Executive  veto.  And,  now.  sir,  I  again  appeal  to 
the  friends  of  General  Taylor  in  this  body  for  some  assurance  as 
to  the  conduct  of  their  Presidential  candidate  on  this  subject  should 
he  chance  to  be  elected,  as  they  seem  now  so  confideiuiy  to  anti- 
cipate. Our  candidate  has  come  out  plainly  and  unequivocally, 
and  magnanimously  risked  his  election  upon  the  soundness  of  his 
views.  Should  he  be  chosen  President  no  fastidious  delicacy  would 
restrain  him  in  the  exercise  of  the  veto  power  upon  all  measures 
deemed  by  him  unconstitutional,  and  he  has  declared  his  opinion 
that  the  Wilmot  proviso  is  unconstitutional,  in  phraseology  too  ex- 
plicit to  be  misunderstood  by  the  dullest  intellect  iu  the  republic. 
But  if  Gen.  Taylor's  position  as  a  Presidential  candidate  is  so  ob- 
jectionable for  tne  reasons  now  stated,  how  much  more  objection- 
able does  he  become  when  regarded  as  associated  with  Millard 
Fillmore,  of  New  York,  upon  the  whig  ticket?  Mr.  Fillmore 
has   been   known  all  his  life,  and  no    man    here  or  elsewhere 

30th  Co«».— 1st  Sssswn— No.  95. 


will  dare  deny  it.  to  have  been  a  thorough-going  whig  of  the 
true  Boston  stamp ;  h9  is  the  author  of  the  tariff  ot  1842, 
and  has  never  wavered  in  the  support  of  ultra  whig  princi- 
ples. I  am  not  authorized  to  charge  him  with  being  an  abolition- 
ist, but  no  one  can  sa(ely  contradict  the  assertion  that,  whilst  a 
member  of  the  House  of  Representatives  in  Congress,  he  gave 
more  than  one  vote  which  strongly  smacked  of  abolition.  His 
general  course  as  a  politician  is  well  known  lo  the  country;  but  as 
all  are  not  familiar  with  the  incidents  which  have  marked  his  pub- 
lic life  for  several  years  past, I  deem  it  prudent  to  read  on  this  oc- 
casion an  extract  (rom  a  letter  which  I  have  just  received  from  an 
accomplished  and  honorable  friend  of  mine  in  the  State  of  New 
York,  whose  means  of  obtaining  correct  information  on  this  sub- 
ject are  such  as  few  persons  living  possess,  and  whose  reputation 
for  veracity  and  fairness  authorize  me  to  avouch,  as  I  solemnly  do, 
the  perfect  accuracy  of  his  whole  statement : 

Albany.  June  19, 1848. 
Mv  DEAR  SIR  :  I  am  happy  to  reply  to   yonr  favor  of  the   ]2th  instant,  in  the 
tcims  which  I  have  lepUed  to  other  similar  applications,  to  give  yoo  any  information 
resnecling  IWr.  Filmore  within  my  reach. 

Von  are  not  mistaken  in  the  fact  that  Filmore  is  a  Wilmot  provl!>oist.  He  is  so, 
out  anl  out.  as  all  know  who  have  any  knowledge  of  his  opinions  and  associations. 
Nobody  here  doubts  his  position  in  ihit  respect.  He  left  Congres*  l>efofe  the  question 
came  up  in  that  body,  and  in  our  own  State  he  has  not  been  called  upon  for  hi»  vicwk 
in  this  respect,  because  bis  jiolitical  friiends,  the  whips,  who  were  tampant  proviso 
men,  never  imagined  that  hisjirovii-oisni  was  a  matter  to  he  questioned  by  anv  body. 
ft  certainly  never  has  been  here.  H"  was  nominated  forcomptroller,  tlie  most  impor- 
tant and  responsible  State  office  in  the  State,  bv  the  whig  Slate  convention  last  Octo- 
ber, with  the  ltnowled<;e  that  his  views  were  in  perfect  coincidence  with  those  ofthe 
convention,  and  with  the  whig  party  ofthe  Slate. 

You  may  recollect  that  ihe  di-mocratic  Stale  convention  held  at  the  close  of  last 
September  laid  on  the  tal>le  and  refused  lo  adopt  Ihe  IVilmot  proviso  offered  by  a 
promiiient  "  barnburner."  and  that  upon  that  issue  the  faction  known  by  that  name, 
led  off  by  Prealon  King,  George  Ralhbun,  J.  Van  Buien,  &c.,  5:c.,  denounced,  op 
posed,  and  with  the  whigs,  voted  againai  the  democratic  tickets.  The  whig  State 
convention,  hf-M  the  next  werk,  adopted  the  identical  resolution  refused  by  the  demo- 
cratic convention,  as  follows  : 

"  Resolved,  That  while  the  whig  freemen  of  New  York,  represented  in  this  com- 
vention,  will  faithfully  adhere  to  all  the  compromises  of  the  constitution,  and  zealously 
maintain  all  the  reserved  riphis  of  the  Slater;  iliey  declare,  since  the  crisis  has  arrived 
when  the  qnestion  must  be  met.  their  uncompibmising  hostiliiy  to  the  extension  of 
slavery  into  territory  now  free,  or  wJiich  may  be  hereauer  acquired  by  any  action  of 
thp  government  of  our  ILTnion." 

This  whig  convention  nominated  Fillmore  for  comptroller.  The  addiesB  adopted 
by  the  convention  avowed  the  doctrines  of  the  resolution,  and  presented  them  as  the 
great  and  essential  i>sue  of  the  campaign.  It  had  these  passages,  "the  Union  as  it 
is,"  '■  but  no  more  territory  is  our  watchword,"  "  unless  il  be  free."  "  The  voice 
of  New  York  ts  powerful  in  the  Union,  and  we  have  striven  faithfoUy  (in  Filmote  &. 
Co.)  to  present  good  sonnd  seuse  men  to  personate  our  principles." 

The  address  of  the  New  York  whig  central  State  committee,  to  the  wbigs  ofthe 
State,  wa-;  as  follows,  (Oct.  25,)  in  Whalf  of  Filmore  &  Co. : 

"The  whigs  ofthe  Slate  ha\e  long  seen  and  known  that  the  slave  power  wn^  ihe 
governing  powerof  this  Union.  Thev  have  seen  and  ft-lt  that  that  }jovver  was  exerted 
ill  hostility  lo  the  free  men  and  free  labor  of  the  Noith — they  have  seen  that  jiowoi 
make,  and  now  see  it  makin,^.  most  extraordinary  efForls  to  extend  its  dominion  and 
increase  its  strenglh — they  have  seen  northern  politicians  and  northern  statesmen 
truckling,  bending,  yielding  lo  that  power  for  the  sake  of  participating  iu  its  patron- 
age, feeding  upon  the  loaves  and  fii^hes  which  it  had  to  bestow,  and  enjoying  the 
spoils  with  which  usurpers  and  tyrants  in  all  ages  reward  the  instruments  they  use  to 
accomplish  their  end?.  This  you  have  seen,  and  deplored  its  consequences,  and  you 
have  labored  but  hitherto  in  vam  to  avert  them.  But  now  a  more  glorious  prospect 
opens  to  your  view.  Yon  have  before  you  k  renewed  and  striking  instance  of  that 
great  and  cheering  truth,  that  the  Almighty,  in  his  infinite  wisdom,  has  provided 
and  ordained  that  the  indulgence  of  an  evil  and  vicious  course,  whether  in  moral  or 
political  action,  carries  with  it  no'  only  its  own  punishment,  but  also  its  own  corroo- 
live.  Elated  with  its  une.\ampled  success,  the  sLAVe  power  lias  become  so  exactive, 
imperious,  and  tyrannical,  that  the  "endurance"  of  its  northern  "ally"  hasceaied 
to  be  a  virtue,  and  now  for  the  first  time  in  the  history  of  our  government,  our  eyes 
behold,  and  our  ear?  are  greeted  willi  the  glad  tidings,  that  a  large  and  overwhelming 
majority  ofthe  free  soints  of  the  North  are  determined  at  once  and  forever  to  put 
limits  to  the  bounds  of  slaveri,'  within  our  glorious  Union,  and  to  say  to  it,  "  thou  hast 
gone  thus  far.  but  thou  shalt  no  farther  go."  Our  opponents  (ihe  democrats)  at  Sy- 
racuse, willi  a  sacrileijions  contempt  of  God's  holy  Sabbath,  well  befitting  the  occa- 
sion and  the  deed,  laid  a  resolution  against  the  extension  of  slavery  on  the  table,  upoa 
the  strange  and  anomalous  grouml  that  the  question  of  setting  bounds  to  slavery  wa* 
a  firebrand  thrown  into  a  convention  of  freemm.  On  the  following  week  another 
convention  of  freemen  rescued  this  resolution  from  the  contempt  with  which  its  prede- 
cessor iiad  treated  it,  BV  Unanimoi'sly  ADOPTING  IT.  And  now  we  apf>eal  to  the 
free  spirits  ofthe  North — the  freemen  of  New  York — to  go  to  the  |io!ls  with  that  pow- 
er and  energy  which  the  spirit  of  tme  freedom  never  fails  to  inspire,  and  at  the  going 
down  ofthe  stin  on  thenight  of  the  second  of  November  let  the  Empire  State,  through 
her  ballot-boxes,  proclaim,  in  tones  of  thunder,  in  the  language  of  the  immortal  Jef- 
ferson, "all  men  arc  by  nature  free  and  equal;"  and  let  the  lightning  of  Heaven^ 
before  the  sun  sets  on  the  following  day,  scatter  the  glad  tidings  thronghoot  the 
length  and  breadth  of  our  country,  that  hereafter  and  forever  JVew  York  will  7tot  con- 
sent to  the  extension  of  Oie  bounds  of  slavery.'* 

(Signed  by  all  the  whig  State  commitlees.  then  and  now  the  patriotic,  active,  and 
intimate  political  associates  andsnpporters  of  Mr.  Filmore.) 

"  The  ■  Evening  Journal'  is  the  organ  of  the  whig  party  and  of  Mr.  Fillmore,  at 
Albany.  It  is  the  leading  whig  paper  in  the  State.  Trom  Ihe  moment  of  Fillmore'* 
nomination  last  October  to  the  close  of  the  canvass  ii  was  filled  with  proviso  articles 
and  ap[)eals.  The  conlesi  seemed  iji  that  quarter,  as  in  the  State  addiess.  to  have  no 
other  poin:  or  issue.  And  every  day  the  support  ofthe  proviso  was  nrged  as  the  great 
rallying  point  of  the  whig  cause  and  their  candidates,  and  the  democrats  and  their 
candidates  were  assailed  in  the  fiercest  manner  as  its  enemies.  I  could  send  you  in- 
numerable extracts,  showing  that  the  burden  of  the  whig  labors  for  Fillmore  Si  Co. 
was  the  proviso.     A  lew  will  suffice. 

"  In  our  State  now  the  same  men  are  engaged  in  the  support  of  Taylor  and  Fill- 
more ;  and  upon  the  same  grounds  the  same  papers  support  him.  The  ICveningJont- 
nal  of  this  afternoon  says  : 

"' We  will  adhere  untliuchingly  to  every  st-ntiment  we  have  uttered  against  the 
extension  ot  slavery,  and  in  favor  of  pieserving  tlie  freedom  of  the  soil  obtained  from 
Mexico.  Tn  supporting  General  Taylor  we  are  rendering  to  the  cause  the  best  service 
in  our  [lower.  General  Cass,  a  thorough  doughface,  has  sacrificed  freedom  for  a  Pre- 
stdenlial  nomination.  He  stands  pledgeil  to  veto  a  free  soil  bill  should  Congress  send 
such  a  bill  to  him.  General  Taylor,  on  the  other  hand,  though  a  slarenj  man  as  it 
exist.s,  7,t  opposed  to  e^tendinff  the  evil,  and  will  sisrn  any  bill  that  Cong^resa  shall 
pass  on  the  subject.'* 

"The  battle  in  New  York  will  be  a  fierce  one.  We  shall  encounter  the  whigsand 
the  leading  'barnburners,'  led  bv  King,  J.  Van  B\iren.  and  others,  and  no  doubt  with 
the  approval  of  the  senior  Mr.  Van  Buren.  And  the  more  rahid  of  the  proviso  school 
anil  pretended  democrats  will  nominate  their  candidates  for  President  and  Vice  Pre- 
sident either  at  their  convention  on  the  22d.  or  at  an  adjourned  convention  in  Ao- 
gust.  intended  to  embrace  a  wider  range  of  delegates  from  other  States. 

*•  It  may  be  counted,  we  think,  that  tbe  great  body  of  the  democracy  of  tlie  Stale 
will  support  the  national  democratic  nominations;  that  many  whigs  will  refuse  to 
support  General  Taylor ;  and  that  out  of  the  State,  if  not  in  it,  we  shall  gain  in  one 
form  all  we  lose  iu  the  other.  At  all  events,  you  may  rely  upon  oor  best  enoiu  to  8M- 
I  ain  the  demogratic  cause  and  its  candidates. 


754 


THE  ADJOURNMENT  RESOLUTION. 


[Thursday, 


*■  One  thing  is  certain,  that  if  the  Soulli  sliall  fail  to  snpport  Cas3  and  Botler,  witlj 
OI)en  anil  manly  avowals  of  principle,  on  which  the  South  cat!  stand,  and  shall  prefer 
Taylor  anil  Fillmore  from  the  party  which  has  proclainie<l  the  proviso,  and  denounced 
the  southern  or  '  slave  power'  in  every  form  of  epithet  and  liostility,  they  can  never 
hope  afterwards  to  recover  a  fair  and  just  position  in  the  Union. 
"  With  graat  respect,  your  obedient  sen'ajt, 

Eitracts  referred  to  in  the  preceding  letter. 
[From  the  Evening  Journal  October  11,  1847.J 
"  Onr  opponents  will  be  active  ;  they  have  every  thingat  stake  ;  their  hopeof  snc- 
ceiis  in  Presidential  contest  rests  npon  the  result  now.  They  have  pressed  int<t  this 
election  the  issue  (the  proviso)  npon  which  that  contest  will  bang  U  by  the  election 
of  Hungerford  &  Co.  (the  candidate  opposed  to  Fillmore)  the  Wilniot  ptovi-so  is  cuii- 
demned  :  the  enemies  of  that  principle  will  be  emboldened,  and  they  will  have  a 
right  to  be.  If  the  extension  ot  hnman  bondage  is  sanctioned  by  the  freemen  of  the 
Empire  State,  the  advocates  of  slavery  will  have  a  right  to  deem  the  institution  in  ac- 
cordance with  views  of  the  North.  Such  a  result  must  be  avoided.  New  York  must 
not  endorse  the  inhnnran  prinei[ile  so  boldly  broached  by  the  Administration.  Tl 
would  be  in  the  higliest  degree  disgraceful  ;  but  this  disgrace  can  only  be  avoided  by 
the  repudiation  of  ihe  men  who  are  laboring  to  bring  it  about,  and  1  he  election  of  those 
(Fillmore  Hi  Co.)  who  urejiledged  to  the  ti'iiiiiot  prmHso." 

fFrom  the  same,  October  V\.\ 

*'  The  pensioned  emissaries  of  slavery  in  this  St.ate  have  made  a  distinct  issue.     IJy 

voting  down  an  endorsement  oi  the  VVihiiot  proviso  they  superadded  lo  every  other 

issue  that  issue,  more  important  than  all  othfrs,  slavery  or  freedoni.     It  is  to  he  seen 

in  whose  favor  the  verdict  of  the  ballot-box  will  be  rendered." 

fFrom  the  same,  October  20. J 

Slavery  or  freedom. — The  approaching  election  will  decide  the  i|uesIion 
whether  the  electors  of  New  York  are  in  favor  of  freedom  or  slavery.  Tlie  order  has 
gone  out  from  Washington,  and  been  proclaimed  here  by  the  emissaries  of  the  gene 
ral  government  that  the  Empire  State  must  succumb  to  the  slave  power.  For  the  tirst 
lime  in  our  political  history  the  State  convention  of  a  great  party,  (the  democratic 
party,)  has  ignobly  spurned  a  resolution  protesting  against  cursing  free  soil  with  hu- 
man slavery.  The  issue  is  distinctly  raised — the  appeal  is  boldly  made  to  Ihe  ballot- 
box.  Every  vote  deposited  wilt  he  a  deelarutiim  for  or  atrainst  the  principle  embod' 
led  j;i  the  Wilmot  proviso.  The  election  of  the  nominees  of  a  cntiveution  born  of 
bribery  and  fraud,  would  be  hailed  as  a  triumph  of  slavery;  their  defeat  would  inspire 
a  well  founded  hope  of  the  ultimate  triumjih  of  the  great  jirinciple  for  which  every 
true  man  is  contending." 

(From  the  same,  October  27.J 

"  On  '.  TO  VICTORY  ! — The  busy  note  of  preparation  comes  upon  ns  from  allijuai- 
lers.  The  ever  true  and  t'aithful  workingmen  of  the  whig  party  are  ready  and  eager 
lor  this  contest.  The  people  appieciate  the  momentous  issue  involved  in  this  contest . 
They  know  that  rjueslions  of  infinitely  greater  importance  than  tjie  success  of  anv 
party  are  at  stake.  Tlie  result  of  the  contest  will  ducide  whether  slavery  or  freedom 
has  the  popular  verdict.  This  vv-as  made  an  issue  by  order  of  the  general  government. 
The  freemen's  resolution,  (the  proviso,)  was  spurned  by  a  fraudulently  constituted 
majority  at  Syracuse.  They  even  refused  it  the  poor  formality  of  a  direct  vote.  Tiiey 
ignominiously  laid  it  upon  the  table.  But  the  people,  while  they  must  despise  its  au- 
thor, thank  him  for  the  issue,  the  resointiou  contenipuously  smothered  will  be  rescued 
from  dishonor.  It  was  tramjded  npon  by  a  subservient  majority,  hut  if  will  be  mag- 
nified through  the  ballot-boxes.  That  which  was  condemned  by  the  "douglifacei," 
will  be  exalted  by  the  peojde." 

[From  the  same,  October  28.J 

"  Strike  for  freedoni  !  The  emissaries  of  the  general  government  smothered  fin- 
white  man's  resolution  (tlie  proviso.)  Let  the  traitors  be  remembered  at  the  ballot 
boxes.  Let  the  potent  voice  of  New  York  be  heard  in  tldnunciation  ot  the  recreants 
who  would  tarnish  her  fair  fame  by  a  compulsory  endorsement  of  slavery.  Strike  for 
freedom ' ' ' 

[From  the  same,  November  l.[ 

"Slavery  overs;iiado\ving  freedom. — The  territory  demanded  ol  Mexico  by 
Mr.  Trist,  as  a  condition  of  peace,  is  large  enough  to  form  five  States  as  large  as  New 
York.  With  the  boundaries  of  slavery  thus  enlarged,  what  lias  the  North  to  expect 
but  a  perpetuation  of  Ihe  dominion  of  slavery  ?" 

[From  the  same — same  date.] 
"  Slaves  are  claimed  and  held  as  property  ;  thpy  a-e  not  recogni/.cd  as  men,  or  al- 
lowed to  enjoy  any  of  the  attributes  or  riglils  of  mankind,  But.  while  at  the  Nottli 
inoperty  i|nalifications  for  voting  have  been  repudiated,  the  South  votes  for  its  slaves. 
In  all  the  southern  St.atcs  five  slaves  give  two  votes.  This  monstrous  inequality  has 
been  tolerated  as  one  of  the  compromises  of  the  constitution  :  but  let  us  not  extend  this 
odious  principle — let  us  not  add  new  slave  territory  that  slavery  may  increase  its  polit- 
ical power." 

I"  Of  course  Fillmore  and  company  were  recognized  every  where  .as  enterLaining 
these  sentiments,  and  as  the  chain|iions  and  standard-bearers  of  the  parly  avowing 
and  entertaining  them.  .Such  was  the  chafacler  of  all  the  proceedings  of  al!  tlich 
county  conventions  and  meetings,"] 

[Resolutions  unanimously  adopted  at  the  whig  "eneral  meeting  in  the  city  of  New 
York  apiiroving  the  nomination  ol'  Fillmore  and  company.] 

"  liexoloed,  That  we  earnestly  deprecate,  and  will  resist  to  the  utmost,  the  exten- 
sion of  human  slaverv  under  onr  laws  and  our  dag,  into  any  territory  previously  free 
from  that  scourge.  Wedeny  the  conslitntional  right  to  extend  and  establish  it.  and 
we  call  on  all  who  love  liberty,  whatever  their  name  or  jiarly,  to  unite  Willi  us  in 
averting  the  evil  and  reproach  of  propagating  bondage  from  this  boasted  land  of  free- 
dom. 

" /2e.so/cn/,  That  in  Millard  Fillmore  and  *  *  on  the  whig  Slate  ticket,  we 
have  candidates  of  more  integrity,  undoubted  ca|>acity,  unsullied  character,  and  un- 
wavering whig  principles,  whom  we  are  pioud  to  eulogise  and  jioint  to  .as  chavipioii.^ 
of  onr  cause,  and  we  will  give  them  that  support  which  they  eminently  deserve,  and 
which  our  country's  good  emphatically  rci|uires  at  our  bands." 

Sticli,llien,  are  the  political  characteristics  of  the  gentleman  se- 
lecteti  IJy  the  whig  convention  in  Philatlelphja  to  be  voted  for  in 
connection  with  General  Taylor;  such  arc  the  iirinci|ilcs  of  lliat 
personage  who,  in  the  event  of  General  Taylor's  ileath  before  tlie 
expiration  of  his  otiicial  term,  would  have  charge  of  tlie  Kxeciuive 
deimrtmont  of  the  govorninent  at  this  critical  period  in  our  history. 
1  now  solemnly  call  upon  the  friends  of  this  ill-omened  ticket  to 
deny  one  single  fact  which  1  liave  stated  in  regard  lo  Mr.  Filiiiore, 
or  to  confess  that  they  are  striving  for  the  election  of  a  man  to  the 
Vice  Presidency  of  the  Union,  and  opening  the  way,  in  the  event 
named,  to  the  Presidency  itself — of  a  person  who, ;in  many  res- 
pects, IS  more  olijectionable  as  a  politician  than  any  individual 
who  has  ever  heretofore  been  able  to  obtain  a  nomination  at  the 
hands  even  of  a  whig  convention,  since  the  system  of  nomination 
was  tirsl  adopted. 

Mr.  MANCJUM. — It  has  not  been  my  purpose  to  enter  upon 
this  debate,  nor  will  it  bo  any  par»  of  my  purpose  to  endeavor  lo 
prouact  it,  but  some  of  the  remarks  of  tlio  Senator  from  Missis- 


sipjii  certainly  require  a  few  observations  in  reply  :  for  instance, 
the  charge  is  very  distinctly  insinuated,  if  not  made  in  direct  terras, 
that  this  portion  of  the  Senate  is  endeavoring  to  avoid  questions 
that  are  before  the  country,  and  with  the  view  of  accomplishing 
that  object,  that  we  seek  an  early  day  of  adjournment,  so  as  to  be 
incompatible  with  the  proper  transaction  of  the  public  business. 
Now,  let  me  appeal  to  the  magnanimity  of  the  Senator  to  remem- 
ber who  introducetl  the  question  of  adjournment  to-day.  It  was 
introduced  by  the  Senator  from  Missouri,  who  has  never  been  sus- 
pected of  whiggery,  I  believe.  I  have  avowed  already  that  I  am 
willing  to  meet  any  of  these  questions  ;  and  supposing  that  every 
gentleman  here  has  felt  as  deep  a  sense  of  self-respect  as  I  have, 
I  take  it  for  granted  that  every  Senator  is  willing  to  meet  them. 
The  Senator  concedes  to  me,  personally,  that  I  would  not  avoid 
any  question.  But  he  asks  me  to  look  at  the  convention  lately 
held  in  Philadelphia  ;  and  asks  me  if  I  do  not  know  that  it  was 
made  uj)  of  blue  light  federalists,  of  abolitionists — of  birds  of  every 
feather,  as  he  expresses  it — men  of  all  political  creeds.  Sir,  it 
may  be  so.  I  have  had  very  little  to  do  with  any  party  matters. 
I  was  not  one  of  those  who  participated  in  that  convention,  nor 
have  I  examined  mtiiuiely  the  character  of  the  delegates,  nor  have 
I  examined  the  Baltimore  convention,  to  see  how  it  was  eonsti- 
tiiled — perhaps  it  included  also  some  of  the  party  colored,  ringed, 
streaked,  and  speckled  politicians — 

Mr.  FOOTE. — The  Baltimore  convention  was  composed  of  a 
band  of  brothers,  who  dared  to  avow  their  principles. 

Mr.  BIANGUM. — I  will  come  to  that  point  by  and  by.  We  are 
taunted  with  not  having  laid  down  principles  for  the  whig  party 
to  be  governed  by.  Sir,  are  not  the  principles  of  the  whig  parly 
known  ?  Does  the  sun  in  Heaven  require  to  be  painted  on  a  shin- 
gle ?  Is  there  a  man  in  the  eonntry  who  does  not  understand  the 
principles  of  that  conservative  party  which  has  saved  the  destinies 
of  this  country  i  Do  we  shrink  Irom  responsibility?  No,  sir  ;  no, 
sir.  We  are  not  of  that  progressive  character,  that  every  six 
months  we  have  to  make  a  new  platform.  You  might  as  well  at- 
tempt, with  a  pocket  handkerchief,  to  shut  out  the  light  of  the  sun 
as  to  shut  out  the  principles  of  the  whig  party.  All  the  world 
knows  them.  But  it  is  remarked  here,  that  we  have  got  a  candi- 
date of  such  a  character  that  gentlemen  cannot  take  hold  of  him — 
they  do  not  know  what  be  is.  The  democracy  at  Baltimore,  it  is 
said,  have  had  the  chivalry  to  stand  ont  in  the  open  field, 
inviting  their  opponents  to  the  attack,  whilst  the  whig  party 
are  endeavoring  to  dodge  the  blows  that  are  aimed  at  them. — 
Sir,  it  will  be  something  rather  new  to  the  people  of  this  coun- 
try to  be  informed  that  old  "Rough  and  Ready"  dodges  any  blows; 
and  I  apprehend  that  the  [irincipal  part  of  the  misery  of  the  gen- 
tleman, at  this  day  consists  in  the  fact,  that  the  character  of  the 
man  of  whom  he  complains  has  exercised  so  overpowering  an  in- 
fluence, that  even  abolitionism,  as  it  is  supposed  to  exi.st  at  the 
North,  is  crouching  and  succumbing  to  it  day  after  day.  Those 
whom  he  leads  to  the  field,  whether  they  be  volunteers  from  the 
commencement,  or  eleventh  hour  men,  as  we  have  seen  on  the 
field  of  Buena  Vista,  will  do  their  duty  nobly.  The  blows  will 
fall  thick  and  fast,  and  I  hope  my  honorable  friend  from  Missis- 
sippi, for  whom  I  have  a  great  respect,  will  escape  at  least  with 
his  life  But  it  is  said  that  the  democratic  party  stand  out  fear- 
lessly in  the  open  field.  Sir,  they  are  a  bold,  sagacious,  formida- 
blE  powor  in  this  country,  as  its  history  has  shown  ;  they  are  pro- 
gressive, and  they  have  a  bold  leader,  if  the  people  would  only  not 
make  so  much  noise  as  they  did  at  Cleveland  !  so  that  the  demo- 
cratic principles  could  be  heard  !  I  have  a  great  deal  of  kindness 
and  regard  for  the  standard  bearer  of  the  democracy,  but  at  Cleve- 
land some  meddlesome  whigs  propounded  certain  troublesome 
iiuestions  to  onr  friend,  the  nominee  of  the  Baltimore  convention. 

A  SEN.iTOR. — The  questions  came  from  the  democracy. 

Mr.  MANGUM. — No,  they  must  have  been  whigs  in  disguise 
who  propounded  them,  and  the  noise  of  the  crowd  was  so  very  em- 
barrassing that  the  questions  coidd  not  be  answered.  The  truth  is, 
that  under  the  oppression  of  the  hot  weather,  and  the  fatigues  of  a 
hasty  journey,  the  standard  bearer  of  the  democracy  did  not  stand 
out  ill  the  open  field  as,  according  to  the  Senator  from  Mississippi, 
the  Baltimore  convention  did.  Well,  it  is  good  that  there  should 
be  harmony  amono  brothers.  This  Baltimore  convention  was  quite 
harmoniously  conducted  so  far  as  the  Empire  Slate  is  concerned, 
and  I  understand  that  this  day  is  big  with  the  fate,  not  "of  Cajsar 
and  of  Rome,*'  but  of  tho  chosen  standard  bearer  and  of  the  vaunt- 
ed platform  of  the  convention.  I  perceive  that  at  a  meeting  re- 
I'cntly  ill  Charleston,  a  very  prominent  young  gentleman  ol  the 
democratic  jiarty  has  been  denouncing  this  platform,  and  he  went 
so  far  as  to  charge  the  convention  with  hypocrisy.  As  to  these 
platforms,  they  can  be  made  on  occasion  to  suit  a  given  purpose; 
the3-  have  been  so  made. 

We  have  taken  a  gentleman  very  much  on  trust,  I  confess  ;  but 
he  is  a  whig,  and  he  is  the  purer  perhaps  from  not  having  been 
trained,  disciplined,  and  perhaps  indurated  in  the  school  of 
politics.  He  who  has  been  true  to  every  duty,  public  and  private, 
(Capable  of  meeting  every  emergency,  will  be  found,  whether  he 
belong  to  the  Abbott  Lawrence  school  of  whiggery,  or  any  other, 
to  answer  all  the  just  expectations  of  his  friends.  Gentlemen  com- 
|ilain  that  lliey  cannot  get  hold  of  him;  they  do  not  know  any  thing 
about  his  politics.  Why,  that  is  only  a  renewal  of  Santa  Anna's 
complaint.  Santa  .\nna  said  Taylor  was  whipped  by  him, 
but  lie  was  so  stupid  that  he  didn't  know  it.  It  is  asserted  that 
he  IS  a  Wilmot  proviso  man.     I  do  not  know  any  thing  about  it. 


JlTHE   22.] 


THE  ADJOURNMENT  RESOLUTTONJ 


755 


It  may  be  so  ;  I  have  no  personal  acquaintance  with  Gen.  Taylor. 
I  have  never  had  a  letter  from  him,  but  I  am  willint;,  looking  to 
the  integrity  of  his  character,  the  soundness  of  iiis  iindorstandinj;, 
and  his  unchanging  patriotism,  I  am  willing,  I  say,  to  put  into  his 
hands  the  destinies  of  the  South.  So  with  regard  to  Mr.  Fillmore, 
I  know  only  that  he  is  a  true  whig  and  an  accomplished  gentle- 
man, and  I  believe  that  whatever  views  may  be  entertained  by 
either  of  those  gentlemen  upon  abstract  cpiestions,  they  will  be  at 
all  times  ready  to  make  any  personal  sacrifices  upon  the  altar  of 
their  country,  if  such  should  be  necessary  for  the  preservation  of 
the  Union. 

Mr.  FOOTE. — I  am  eertainly  fjuitc  gratified  at  finding  that  the 
honorable  Senator  from  North  Carolina  concurs  with  me  touching 
the  appropriateness  of  the  present  occasion  for  tlie  discussion 
which  is  now  in  progress.  Ho  seems  to  bo  qnito  astonished  though 
that  any  one  should  find  it  at  all  difficult  to  understand  the  present 
principles  of  the  whig  party.  Whiggery,  says  he,  is  the  sun  in 
Heaven,  irradiating  and  refreshing  with  its  heat  all  surrounding 
nature.  Well,  sir,  I  have  seen  it  somewhere  mentioned  that  in  an- 
cient times  there  was  once  a  theory  afloat  whieli  asserted  the  exist- 
ence of  two  distinct  species  of  stars  in  the  firmament — one  class  of 
which  emitted  rays  of  light,  whilst  the  others  emitted  rays  of  dark- 
ness. I  think  all  who  have  witnessed  this  debate  will  acknowledge 
that  if  whiggery  be  really  a  sun,  it  is  not  .such  a  sun  as  supplies  any 
large  (|uantum  of  illumination;  or  that  like  the  veritable  Phebns, 
its  brightness  is  too  intense  to  allow  the  substance  of  which  it  is 
eompo.sed  to  he  ascertained  by  the  casual  behohler — being,  per- 
chance, as  the  poet  expresses  it,  "  dark  from  excess  of  light." — 
If  the  Senator  from  North  Carolina  will  deign  to  permit  a  little 
of  the  light  in  which  that  sun  of  whiggery  of  which  he  has  spoken 
must  abound,  to  fall  upon  those  opake  spots  which  now  stand  for 
whig  principles,  I  am  sure  that  he  would  confer  a  great  favor 
upon  many,  and  do  not  a  little  service  to  the  country.  Will  the 
Senator  from  North  Carolina  be  kind  enough  to  tell  us  whether 
the  whig  party,  if  they  got  into  power,  will  again  struggle  to  es- 
lablisli  a  national  bank  ? 

Mr.  MANGUM. — I  will  answer  the  Senator,  but  I  will  not 
now  interrupt  him. 

Mr.  FOOTE. — If  the  Senator  shall  answer  satisfactorily,  he 
will  be  more  successful  than  any  of  his  party  have  been  lately.  I 
see  the  Senator  from  Delaware  (Mr.  Clayton)  in  his  place  ;  and 
I  am  reminded  of  a  certain  published  letter  of  his,  issued  in  the 
autumn  of  1846,  in  which  ho  proclaimed  the  existence  of  the  old 
party  issues.     Does  he  adhere  to  what  ho  then  declared  ! 

Mr.  CLAYTON.— The  letter  to  which  the  Senator  refers  was 
in  relation  to  a  protective  tarilT.  That  was  the  only  .subject  em- 
braced in  it. 

Mr.  FOOTE. — I  think  the  Senator  is  mistaken  ;  but  it  matters 
not;  the  Senator  from  Delaware  then  insisted  upon  the  restoration  of 
the  tariff  of  1842,  and  I  understand  him  yet  to  do  so  ;  and  doubt- 
less he  expects  General  Taylor  to  aid  in  its  restoration.  Well, 
sir,  if  General  Taylor  will  explicitly  acknowledge  that  he  is  in  fa- 
vor of  the  tariff  of  1842,  I  can  assure  his  friends  that  his  support- 
ers in  the  South  will  soon  dwindle  to  a  corporal's  guard.  Bui  let 
me  ask  the  Senator  from  North  Carolina,  who  has  undertaken  to 
give  us  information  in  regard  to  General  T.aylor's  politics,  to  tell 
us  whether  he  is  in  favor  of  the  independent  treasury.  What  are 
his  views  in  relation  to  the  Mexican  war  ?  Did  he,  or  does  he, 
approve  or  disapprove  the  conduct  of  his  own  government  in  pro- 
secuting that  war  ?  Was  he  really,  as  Mr.  Ashmun  a.sserts,  op- 
posed to  the  annexation  of  Texas  ?  Was  he  opposed  to  our  re- 
ceiving territorial  indemnity  from  Mexico  ?  Would  he,  if  Presi- 
dent, veto  the  Wilmot  proviso  or  not  ? 

The  Senator  from  North  Carolina  has  announced  to  us  that  he 
has  determined  to  support  General  Taylor,  because  he  knows  him 
to  bo  a  Whig,  and  recognizes  him  to  be  a  well-informed  politician. 
This  is  really  surprising.  General  Taylor  himself  acknowledges 
his  utter  ignorance  of  "politics,  bewails  his  want  of  mature  ideas 
on  the  subject,  and  declares  that  he  has  p;iid  no  attention  to  ques- 
tions of  party  politics  for  forty  years,  and  yet  he  is  now  lauded  for 
his  vast  political  knowledge,  and  high  competency  as  a  statesman. 
It  would  be  gratifying  to  many  to  be  able  to  find  out  the  school  at 
which  he  has  succeeded  in  acquiring  proficiency  in  statesmanship 
so  rapidly.  No  other  such  instance  of  success  in  the  accumulation  of 
knowledge  has  heretofore  occurred  in  the  history  of  the  world  : 
and  I  can  hardly  believe  that  another  such  instance  will  occur  in 
all  fntnre  time."  Since  he  is  reallv  so  well-informed  at  present  in 
politics,  it  is  still  more  wonderful  that  he  keeps  his  learning  so 
much  to  himself.  Surely  he  should  not  hide  his  light  under  a  bush- 
el. I  have  heard  it  said,  that  there  was  this  striking  differ- 
ence between  intellectual  acquisiiions  and  acquisitions  of  every 
other  kind:  man  is  so  constituted,  that  if  he  obtain  a  new  idea, 
he  feels  actually  unhappy  until  an  opportunity  is  afforded  to  him  of 
coniinunicating  it  to  others.  General  Taylor's  case  is  clearly  an 
exception  to  the  general  rule  ;  for  he  is  as  absolutely  silent  now 
upon  all  political  topics  as  he  was  when  confessedly  in  a  state  of 
profound  ignorance. 

It  has  pleased  the  Senator  from  North  Carolina  to  assail  the 
standard-bearer  of  the  democratic  party,  our  admired  candidate 
for  Presidential  honors,  in  a  style  and  manner  far  more  unkind 
than  I  had  anticipated  ;  and  yet  I  cannot  perceive  that  he  has  done 
hira  the  least  injury.  The  fact  is,  the  char  cter  and  qualifications 
of  our  candidate  are  such  as  to  make  it  impossible  for  his  adversa- 


ries to  weaken  him  by  assailmentjbo'wevcif  ingenious  or  malignant. 
The  whole  American  people  know  him  to  be  a  man  of  the  highest 
abilities,  of  large  attainments  in  science,  thoroughly  accomplished 
in  all  things  appertaining  to  the  management  of  public  affairs, 
sober,  industrious,  persevering,  frank,  independent,  wise  in  coun- 
sel, fearless  in  action,  of  unblemished  reputation  in  private  life, 
and  possessed  of  every  quality  which  can  confer  dignity  or  se- 
cure friend.ship.  His  history  as  a  public  man  is  lamiliar  to 
the  whole  world.  I  shall  not  now  dwell  upon  it  in  detail.  It  is 
entirely  imneecssary.  But  I  trust  I  may  be  pardoned  for  saying 
thus  much  :  for  more  than  six  months  past,  I  have  known  him  fa- 
miliarly;  I  have  been  a  close  observer  of  his  conduct  in  this  body, 
and  have  listened  to  his  sas'C  counsels  in  privacy;  and  it  has  ever 
seemed  to  me,  that  it  woidd  have  been  impossible  for  any  man 
whom  I  have  known,  or  of  whom  I  have  read,  to  discharge  all  the 
duties  of  a  wise  and  patriotic  Senator,  with  more  complete  success 
than  I  have  seen  thcni  performed  by  him.  During  his  connection 
with  the  management  of  public  affairs,  no  man  has  had  to  encoun- 
ter more  difficulties,  or  to  meet  more  new  and  perilous  questions 
than  ho  has;  and  yet  no  one  can  justly  charge  him  with  having  on 
any  occasion  recoiled  from  responsibility,  or  with  having  in  the  least 
degree  wearied  with  continued  well  doing.  Whilst  among  us  in 
this  body,  he  was  oftentimes  thrown  into  collision  with  the  ablest 
debaters  and  most  skillful  tacticians  that  the  whig  party  could  sup- 
ply; very  peculiar  efforts  have  been  oftentimes  made,  as  the  result 
of  special  arrangement  and  combination,  to  bear  hira  down  or  to 
embarrass  him;  but  gentlemen  will  permit  me  to  aver,  that  I  re- 
member no  conflict  in  which  he  was  worsted  by  his  antagonists, 
or  in  which  he  failed  to  acquire  new  honor  from  the  encounter. 
His  great  simplicity  and  manliness  of  character  enabled  us  always 
to  ascertain  his  true  attitude  upon  every  public  question,  when 
most  others  were  holding  themselves  in  reserve;  and  he  is  the  last 
man  in  the  nation  who  could  seek  oflieial  advancement  by  con-  " 
coaling  his  opinions — giving  conflicting  assurances  to  adverse  fac- 
tions, or  who  could  permit  himself  to  be  shulUed  into  high  station 
by  mere  dexterity  and  chicane.  He  is  before  the  country,  avow- 
ing openly  the  well  known  creed  of  his  party;  to  all  the  resolutions 
of  our  national  convention  he  has  publicly  and  cordially  subscribed; 
and  upon  most  of  the  principles  involved  therein,  he  has  heretofore 
been  compelled  to  act  in  the  course  of  his  career  as  a  public  man. 
Well  might  he  say,  as  he  did  say  lately  in  his  letter  accepting  the 
nomination  to  the  Presidency  : 

"  Tliis  letter,  ^'enllemeii,  closes  my  proression  of  political  faith.  Receiving  my  first 
appoititment  from  that  pore  patriot,  anil  great  e.xpounder  of  American  democracy, 
i\Ir.  Jefter^on,  more  than  forty  years  ago.  lire  intervening  period  of  my  life  has  been 
almost  wliollv  passed  in  the  service  oi  my  conntry,  and  iias  heen  marked  by  many 
vicissitudes,  and  been  attended  with  many  trying  circumstances  both  in  peace  and  war. 
If  mv  conduct  in  these  sitnations.  and  the  opinions  I  Irave  been  called  upon  to 
fotmand  evpress  from  time  to  lime,  upon  all  Ilie  great  party  tO])ics  of  the  day,  do  not 
funiisli  a  clear  exposition  of  my  views  respecting  them,  and  at  the  same  time  a  suffi- 
■  ■lent  pledge  of  mv  faithful  M«itierence  to  their  practical  application,  wherever  and 
whenever  I  may  he  required  to  act,  any  thing  further  I  might  now  say,  would  l)« 
mere  delusion,  unworthy  of  myself,  and  justly  otfensive  to  the  great  parly  in  whooA 
name  you  are  now  acting. 

Such  is  our  candidate  for  the  Presidency,  and  such  his  opinions; 
who  does  not  perceive  the  injustice  attempted  to  bo  done  him  oit 
this  occasion,  by  charging  him  with  attempting  to  conceal  his 
principles  the  other  day  at  Cleaveland,  when  he  was  rudely  and 
presumptuously  catechised  in  a  vast  crowd,  amidst  a  scene  of  tu- 
mult and  confusion,  which  had  he  attempted  to  speak  at  length, 
would  have  subjected  him  to  every  sort  of  misinterpretation  and 
consequent  misrepresentation  ?  When  the  candidate  of  the  whig; 
party  shall  have  avowed  a  single  principle  clearly  and  unequivo- 
cally, his  advocates  here  may  have  some  little  ground  to  complain 
of  General  Cass's  conduct  at  Cleaveland  ;  but  until  that  distant 
day,  a  day  which  I  feai-  is  never  to  bo  realised,  I  would  admonish 
them  to  be  as  silent  as  the  grave  itself  upon  this  subject. 

I  believe  I  may  venture  to  assure  gentlemen  also,  that  there  is 
not  much  danger  of  our  candidate  for  the  Presidency  flooding  the 
country  with  electioneering  letters  during  the  canvass,  as  General 
Taylor  has  done;  and  I  will  go  farther,  and  engage  that  not  a  sin- 
gle letter  will  ever  be  published  over  his  signature  of  which  he 
will  not  be  the  sole  author,  and  whose  style  shall  not  plainly  be- 
speak its  origin.  But  how  is  it,  on  the  subject  of  letters,  with 
General  Taylor  ?  Why,  the  number  of  his  epistles  is  legion;  and 
such  wondrous  variety  do  they  exhibit  both  in  phraseology  and 
substance,  as  to  have  filled  his  friends  with  regret,  and  to  have 
called  forth  commisseration  even  from  his  enemies.  Some  of  these 
famous  letters  are  short,  concise,  and  nervous;  others  are  long, 
verbose,  and  meaningless;  others  <;|itter  with  all  the  meretricious 
ornaments  of  a  false  rhetoric;  whilst  others  again  are  full  of  false 
grammar,  confused  ideas,  involved  sentences,  and  the  most  rude 
and  unpolished  nonsense.  One  or  two  of  these  letters  are  sup- 
posed to  have  been  written  in  this  city  and  forwarded  to  him  for 
signature  at  his  place  of  residence  in  the  far  southwest;  and  these 
boar  indubitable  tokens  of  having  been  concocted  by  old  stagers  in 
politics  for  the  purpose  of  deceiving  and  deluding.  I  venture  to 
assert  that  General  Taylor  cannot  by  possibility  be  the  author  of 
all  these  letters;  and  I  defy  any  of  his  friends  here  to  rise  and  as- 
sert that  they  do  so  believe. 

Mr.  President:  I  foci  that  I  should  poorly  perform  my  duty  on 
this  occasion  were  I  to  omit  to  allude  to  a  personage.whose  name 
cannot  be  mentioned  anywhere  without  awakening  sentiments  of 
respect  and  admiration,  and  who,  among  all  true  whigs,  has  been 
for  a  long  time  regarded  as  the  very  personification  and  embodi- 
ment of  their  principles  as  a  party.  Henry  Clay!  Henry  Clay!! 
"  Clanim  ct  venerabile  nomen  !  .'"  So  spoke  of  him  lately  in  our 
hearing  an  eloquent  Senator,  who  is  no  longer  one  of  oux  body — 


756 


THE  ADJOURNMENT  RESOLUTION.' 


[Thursday, 


the  justice  of  whose  commendation  I  felt  bound  lo  admit  in  full 
Senate.  Where  is  Henry  Clay  ?  In  retirement !  How  ?  By 
the  cruel  ostracism  of  an  unfp'ateful  party — a  party  first  organized 
by  him  upon  its  true  platform — a  party  which  learned  all  its  pi-in- 
oiples  from  his  eloquent  lips — sustained  by  him,  defended  by  him, 
sometimes  led  to  victory  by  him — when  hope  seemed  forever  to 
have  abandoned  the  whig  standard,  and  when  all  other  voices  but 
his  had  grown  silent  from  utter  despair.  His  high  abilities,  his 
heroic  fearlessness,  his  noble  cnerjry  of  character,  his  unsurpassed 
eloquence,  his  profound  devotion  to  the  whig  cause,  his  thorough 
knowledge  of  men  and  parties,  his  masterly  dexterity  as  a 
parly  tactician,  the  deep  and  firm  hold  which  ho  held  upon  the 
popular  feeling — all,  all,  have  been  forgotten,  overlooked,  dis- 
regarded, almost  mocked  at  and  despised:  and  oh!  shame 
upon  such  heartlessness  !  such  cruel  and  insulting  disregard  of 
his  sensibilities  '■  a  man  has  been  nominated  in  preference  to 
him,  who  professes  utter  ignorance  of  whig  principles — who 
disdains  to  be  recognized  as  the  exponent  of  the  whig  creed, 
who  has  not  even  voted  at  an  election  in  forty  years,  and  he  too, 
a  military  chieftain  '.  yes  a  military  chieftain ! !  Though  Mr. 
Clay  bad  more  than  twenty  years  ago,  denounced  the  election  of 
a  mere  military  chieftain  to  the  Presidential  office  as  worse  than 
war.  pestilence,  and  famine  combined  ! !  Sir,  such  an  instance  of 
flagrant  injustice  has  never  before  been  perpetrated  by  party  man- 
agers in  any  age  of  the  world.  The  great  leader  of  the  whig  ho.sts 
after  benig  persuaded  to  allow  his  name  to  be  used  in  the  Phila- 
delphia convention,  in  his  old  age,  when  even  party  enmity  had 
almost  softened  into  friendship,  and  respect,  and  veneration,  has 
been  cast  out,  reprobated,  trampled  under  foot,  massacred  by 
professing  but  false  I'riends,  and  I  may  almost  say,  buried,  without 
the  decencies  of  a  public  funeral !  since  the  days  of  Julius  Csesar 
nothing  has  occurred  equal  to  this  enormous  outrage  !  !  Surely  it 
was  not  necessary  that  this  man  too  should  die  by  the  violence  of 
his  own  friends  .'  surely  it  was  not  necessary  to  butcher  him  in  a 
manner  so  cruel,  so  barbarous.  If  the  time  had  come  to  make  a 
victim  of  such  a  man,  surely  he  ought  at  least  to  have  been  "carv- 
ed as  a  dish  fit  for  the  gods,"  not  ''hewn  as  a  carcass  fit  for 
hounds."  "But  yesterday,  the  word  of  this  man,  might  (with  his 
own  party,)  have  stood  against  the  world,  now  lies  lio  there,  and 
none  so  poor  as  do  him  reverence."  But,  sir,  I  prophesy  that  true 
men  will  yet  arise  to  avenge  his  martyrdom,  and  that  those  who  have 
been  heard  exulting  over  fallen  greatness  will  be  yet  made  to  feel 
the  punishment  which  their  perfidy  deserves  ;  I  warn  them  to 
prepare  their  ears  for  the  indignant  denunciations  of  a  hero  in 
despair  whoso  mighty 

"Spirit  ranging  for  revenge 
With  Ate  Ijy  his  side,  come  hot  from  hell. 
Shall,  in  whig  confines,  with  a  monarch's  voice 
Cry  Havoc,  and  Jet  slip  the  doss  of  war — 
That  this  foul  deed  shall  smell  above  the  earth 
With  carrion  men  groaning  for  burial." 

Mr.  MILLER,.— Mr.  President :  I  did  hope  that  this  resolution, 
fixing  the  time  for  the  adjournment  of  Congress,  might  have  been 
considered  without  its  being  mixed  up  with  the  politics  of  the  day. 
Surely  wo  can  agree  upon  an  adjournment,  however  wo  may  dif- 
fer upon  Presidential  candidates.  But  the  Senator  from  Missis- 
sippi (Mr.  Foote)  says  he  will  not  consent  to  an  adjournment 
UBtil  sufficient  time  is  given  to  discuss  what  he  calls  the  great 
issues  before  the  public.  He  wants  time  to  examine  the  respec- 
tive creeds  of  the  two  great  political  parties.  To  talk  them  over; 
to  "  hammer  them  out;"  so  as  to  exhibit  them  lo  the  people  so 
plainly  that  when  we  look  first  upon  this  and  then  upon  thnt,  we 
will  be  able  to  judge  between  them.  Now,  for  ray  part,  I  am  not 
willing  to  stay  here  this  hot  weather  for  any  such  idle  purpose. 
To  enter  into  such  a  field  of  controversy  would  be  to  r;onvert  this 
Congress  into  a  long  parliament,  endless  in  talk  and  fruitless  in 
any  good  results  to  the  country.  But  the  Senator  is  determined 
to  know,  before  we  adjourn,  something  more  about  the  whig  creed, 
and  asks  us  to  explain  and  define  it  by  our  speeches  and  voles 
here.  For  my  part  I  do  not  think  that  the  whig  creed  has  been 
reduced  to  the  point  where  it  becomes  necessary  to  define  its  posi- 
tion.    It  is  an  old  proverb,  "  That  good  wine  needs  no  bush." 

Mr.  FOOTE. — Will  the  gentleman  allow  me  to  refer  him  to 
that  passage  of  Scripture  which  advises  not  to  put  new  wine  mto 
old  bottles? 

Mr.  MILLER.— Yes,  sir; but  the  Senator  will  find  that  our  old 
bottle  is  strong  enough  to  hold  the  wine  until  the  4th  of  March, 
when  I  shall  be  very  happy  to  drink  a  glass  with  him  :  he  will 
need  a  little  exhilaration  about  that  time.  Wo  will  take  it  at  the 
White  House. 

But  as  to  the  whig  creed,  it  needs  no  Congressional  certificate 
to  give  it  character  or  currency.  It  is  not  like  some  now  publica- 
tions of  the  day  which  require  the  endorsement  of  a  legislative  sub- 
scription to  introduce  it  into  notice.  No,  sir.  our  creed  is  astand- 
ard  work;  the  people  have  read  the  book  before  to-day.  It  needs 
no  notes  nor  comments  from  us. 

But  the  Senator  insists  upon  frying  the  issue  here.  At  first,  I 
was  at  a  loss  to  know  the  precise  issue  intended.  The  Senator, 
however,  has  with  his  usual  frankness  told  us  vv-hat  the  issue  is. 
It  is  the  Wilmot  proviso.  The  position  of  the  two  candidates  upon 
this  question  he  wishes  to  investigate.  He  wishes  to  compel  us  to 
show  our  hand  upon  this  point.  Now,  it  is  a  rule  in  pleading  that 
ho  who  tenders  an  issue  to  his  opponent,  .should  he  sure  that  the 
pleadings  on  his  own  part  are  all  right.  Is  the  honorable  Senator 
sure  that  the  opinions  of  General  Cass  are  certain  and  fixed  upon 


the  question  of  the  Wilmot  proviso  ?  Is  he  ready  to  make  a  true 
issue  upon  that  point  ?  I  know  that  the  last  expressed  opinions 
of  General  Cass  are  ag.ainst  the  proviso,  but  I  also  know  that 
within  two  years  past,  he  was  the  open  and  strenuous  advocate  of 
that  measure;  that  he  was  so  during  the  last  two  sessions  of  Con- 
gress is  known  to  many  Senators  here-  There  is  evidence  written 
and  unwritten  upon  this  point  ;  and,  as  the  Senator  has  provoked 
the  trial  of  this  issue,  I  feel  it  due  to  the  occasion  to  call  the  at- 
tention of  the  country  to  certain  facts  which  took  place  in  the  Se- 
nate  at  the  first  and  second  sessions  of  the  last  Congress.  These 
facts  are  still  within  the  recollection  of  many  Senators  who  now 
hear  me.  The  debate  which  called  them  forth  was  one  of  consid- 
erable excitement,  and  I  have  no  doubt  the  statements  which  I  am 
about  to  make  will  be  recollected  by  many  who  were  present  on 
that  occasion.  Part  of  what  I  shall  state,  will  be  found  in  the  de- 
bates and  public  prints  of  the  day,  and  part,  owing  to  the  hurry 
and  confusion  attending  the  last  days  of  Congress,  were  not  fully 
reported.     I  wdl  proceed  with  the  statement. 

At  the  first  session  of  the  twenly-ninth  Congress,  the  two  mil- 
lion bill,  as  it  was  called,  came  to  the  Senate  from  the  House, 
with  the  Wilmot  proviso  in  it-  On  the  last  day  of  the  session, 
(10th  of  August,  1846,)  and  about  half  an  hour  before  the  time 
fixed  for  the  adjournment  of  Congress,  the  bill  came  up  for 
consideration,  when  the  Senator  from  Alabama  (Mr.  Lewis) 
moved  to  strike  out  the  proviso.  The  Senator  from  Massachn. 
setts  (Mr.  Davis)  took  'he  floor  against  the  amendment  and  in 
favor  of  the  proviso,  and  spoke  until  a  few  minutes  before  the 
adjournment.  No  vote  was  taken  upon  the  question,  and  the  bill 
was  lost  for  want  of  time  to  act  upon  it. 

As  soon  as  Mr.  Davis  had  taken  his  seat.  General  Cass  came 
over  to  his  side  of  the  Senate,  and  with  much  earnestness  said,  in 
the  presenoe  of  the  Senators,  that  he  regretted  much  that  Mr. 
Davis  had  by  his  speech  prevented  the  vole  from  being  taken;  that 
he  (General  Cass)  and  every  democratic  Senator  from  the  free 
Slates,  would  have  voled  to  sustain  the  proviso  ;  that  Mr.  Allen 
would  have  led  ofi",  and  all  the  rest  would  have  followed ;  that  he  was 
very  soiry  that  they  had  been  deprived  of  the  opportunity  of  voting 
upon  it;  that  it  would  have  settled  the  question,  and  Gov.  Davis 
was  responsible  for  defeating  that  result. 

These  expressions  made  a  deep  impression  upon  my  mind  at  the 
time,  and  that  impression  was  increased  when,  after  the  adjourn- 
ment of  Congress,  I  saw  in  several  newspapers  published  at  the 
North,  democratic  and  whig,  unjust  charges  made  against  my 
honorable  friend  from  Massachuseits  for  having  defeated  the  pro- 
viso, when  we  all  knew  that  the  object  of  his  speech  was  to  sus- 
tain that  measure. 

The  next  day,  on  his  way  home  m  the  cars,  Gen.  Cass  spoke  of 
the  subject  frequently  and  publicly,  in  the  presence  of  several  gen- 
tlemen, to  the  same  etl'ect  and  expressed  much  disappointment  at 
not  having  been  able  to  record  his  vote  in  favor  of  the  proviso. 
He  afterwards  expressed  the  same  opinions  in  New  Jersey,  and 
also,  as  I  have  been  informed,  in  New  York  ;  but  of  this  I  have  no 
personal  knowledge. 

At   the  next   session  of  Congress,  (March  1,  1847,)  the  three 
million  bill  came  before  the   Senate,  but  without  the  Wilmot  pro- 
viso in  it.     The   Senator  fiom  Vermont  [Mr.  IIph.\m]  moved  to 
amend  the  bill  by  inserting  the  proviso,  when  Mr.  Cass  rose  and, 
in  a  speech  of  some  length,  opposed  the  amendment.  This  speech 
is  reported,  and   I  refer  Senators  lo  it.     Recollecting   what  had 
taken  place  at  the  previous  session,  I  rose  at  once,  and  expressed 
my  astonishment  at  the  course  of  the  Senator  from  Michigan,  so 
iliicctly  at  variance  with   his  sentiments  declared  at  the  last  ses- 
sion, when  the  same  measure  was  before  the  Senate.  I  also  stated 
what  had  taken  place  on   that  occasion,  and  repeated  what  I  un- 
derstood General  Cass  to  have  said  in  the  Senate,  as  I  have  before 
slated,  and  then  cal'ed  upon  him  to  give  to  the  Senate  and  to  the 
country  his  reasons   for  the  sudden  change  in  his  opinions  upon  a 
subject  of  so  much  importance- 
General  Cass,  in  reply  to  me,  commenced  by  saying  that  he  was 
surprised  at   the   extraordinary  course  of  the   Senator  from  New 
Jersey,  in  calling  him  to  an  account   for   his   opinions,  but  said  he 
was  prepared  for  it,  and  then   took  from  the  drawer  of  his  desk  a 
manuscript  speech,  memoranda,  which  he  read  to  the  Senate.    He 
did  not  deny  the  statement   made  by  me  ;  but  said,  in  substance, 
that  he  had  not  changed  his  opinions  expressed  the  session  before 
upon  the  subject  of  the  proviso,  but  that  that  was  not  the  occasion 
nor  the  bill  in  which  to  apply  the  proviso  ;  that  the  object  of  the 
bill  then  belore  the  Senate  was  to  enable  the  President  lo  conclude 
a  treaty  of  peace  with   Mexico.     That  he  did  not  wish  to  do  any 
thing   which    might   ilelay  peace.     That  it  would  be  of   no  use  lo 
attach  the  pioviso  lo  this  bill,  but  that   the  question  should  be  re- 
served until  wo  acquired  the  territory.     It  was  a  rpieslion  of  time 
with  him.     That  this  was  not  the  time  nor  the  occasion.     Ho  also 
spoke  of  the  resolutions  of  instructions  from   Michigan,  which  he 
had  presented  during  ihc  session,  and  to  which  I  had  referred  him, 
and  said  that  he  had  examined  them,  together  with  '.he  resolutions 
from   other  non-slaveliolding  States,  and  that  all  these  resolutions 
looked   to  some   permanent  provision  or  fuiidamcutal  law  ;  he  did 
not  think  they  were  intended    to   apply  to  the  bill  then  under  con- 
sideration.    This   was   llic   position   of   General   Cass,  in  March, 
1847.     At  that  time  he  was  still  in  favor  of  the  Wilmot  proviso, 
but  doubting  as  to  the  time  when  and  the  nature  and  character  of 
the  law  by  which  it  should  be  enforced.     He   continued   to  main- 
tain this  position,  as  far  as  the  public  were  informed,  until  Decem- 
ber last,  when  it  became  necessary  for  certain  candidates  lor  the 
Presidency  to  declare  their  views  on  the  subject  of  the  Wilmot 


June  22.] 


THE  ADJOURNMENT  RESOLUTION. 


757 


proviso.  To  ehow  what  the  Senator  from  Mississippi  calls  a 
"clean  hand,"  on  the  24th  of  December  last,  General  Cass  makes 
this  show.  It  will  be  found  in  what  is  called  the  Nicholson  letter. 
I  have  it  before  rae.     In  that  letter  he  says  : 

"  The  Wrlmot  proviso  has  been  before  the  country  some  time.  It  has  iK-eii  repeal 
ediy  discussed  in  Concress  and  bv  the  public  press.  I  am  stronjily  impressed  with  the 
opinion  tliat  a  great  change  has  been  going  on  in  the  public  mind  upon  this  subject- 
in  my  own  as  well  as  others  :  and  that  doubts  are  resolviuT  themselves  into  convic 
tions  that  the  principle  il  invokes  shonid  be  kept  out  ol'lhe  National  Legislature,  .^nd 
left  (o  the  people  of  the  confederacy  ill  then  respective  local  goveiunienl^." 

Thus  it  is  seen  that  the  issue  which  the  Senator  has  tendered  in 
the  person  of  his  candidate  is  somewhat  of  a  confused  character. 
First,  we  have  the  earnest  friend  ;  then  the  doiibtlHl  supporter: 
and,  lastly,  the  out  and  out  opponent  of  the  Wihiiot  proviso.  It  is 
not  for  me  to  censure  this  change  of  position.  Every  man  has  the 
ri"ht  to  correct  his  opinions  when  new  lights  arc  shed  upon  the 
suDJect.  But  it  must  be  admitted  that  the  change  in  Ihis  ca^-e 
has  been  very  rapid.  Passing  from  one  extreme  to  the  other — 
from  an  anxiety  for  Congress  to  act  at  once  upcm  the  measure,  to 
a  denial  of  any  power  in  Congress  to  act  at  all  Whelher  the  ilc- 
mooratic  candidate  will  stand  by  his  last  position  or  return  to  his 
first  love,  will  depend  upon  subsequent  events  and  considera- 
tions. 

The  democracy  of  Cleveland,  when  Ihey  mot  a  few  days  ago  to 
welcome  and  do  honor  to  their  candidate,  and  put  certain  ques- 
tions to  him,  (which  the  noise  and  confusion  of  the  meeting  pre- 
vented him  from  answering,)  had  not  been  in'ormed  of  the  last 
opinions  and  convictions  of  the  candidate  upon  the  Wilmot  provi- 
so. They,  being  his  neighbors  and  friends,  knew  what  his  former 
opinions  were  upon  this  subject,  and,  in  their  simplicity,  believed 
that  the  opposite  opinions  which  had  lately  been  atiributed  to  him 
were  but  the  slanders  of  bis  political  opponents.  They  therefore 
took  advantage  of  the  first  occasion  to  give  to  their  candidate  an 
opportunity  to  refute  the  slander,  and  to  set  himself  right  before 
the  democracy  of  the  North.  The  candidale,  however,  did  not 
embrace  the  opportunity  otTered  ;  the  noise  and  confusion  of  the 
meeting  prevented  him. 

But  the  Senator  desires  to  know  what  are  the  opinions  of  Gen. 
Taylor  upon  the  question  of  the  Wilmot  proviso.  Answering  mere- 
ly lor  myself,  I  can  only  say  that  I  have  no  information  upon  that 
point-  I  do  not  know  that  Gen.  Taylor  has  expressed  any  opin- 
ion, either  for  or  against  that  measure  ;  but  I  can  assure  the  hon- 
orable Senator  that,  whatever  may  be  the  opinions  of  the  old  hero 
upon  that  subject,  they  are  honestly  entertained,  and  whenever  he 
takes  a  position  he  is  in  the  habit  of  maintaining  it.  Tlie  whig 
party  is  willing  to  trust  him  upon  that  subject,  in  the  full  coiili. 
dence  that,  whatever  may  be  his  private  opinions,  he  will  admin- 
ister the  government  according  to  the  constitulion  and  in  the  true 
spirit  of  our  free  institutions.  But,  sir.  whatever  may  be  the  npin. 
ion  of  Gen.  Taylor  upon  this  subject,  he  certainly  has  the  advan- 
tage of  his  opponent  in  this,  that,  although  he  may  be  taunted  for 
not  having  avowed  those  opinions,  he  is  not  subject  to  the  charge 
of  having  expressed  them  both  ways. 

It  does  not  become  me,  neither  is  this  the  place  nor  the  occasion, 
to  defend  the  personal  and  political  character  of  General  Taylor. 
That  character  is  fully  understood  and  appreciated  by  the  coun- 
try, and,  although  he  has  spent  the  most  of  his  life  in  camp,  and 
away  from  the  strife  of  politics,  he  has,  on  certain  occasions  and 
under  great  emergencies,  shown  of  what  stuff  he  is  made.  He  is, 
to  commence  with,  an  honest  man,  possessing  strong  cotnmon 
sense  ;  intelligent  and  patriotic,  prompt  in  action  and  successful 
in  execution  ;  cool,  circiimspeet,  and  heroic  ;  and  litis,  when  plac- 
ed under  the  most  adverse  circumstances,  nobiy  sustained  the  ho- 
nor and  glory  of  his  country,  and  won  for  liiniself  the  gratitude  "f 
his  countrymen.  Sir,  he  will  go  to  the  Presidential  chair  on  ihi'. 
fourth  of  March  next  as  he  went  from  Point  Isabel  lo  Fort  Brosvn, 
no  matter  what  may  be  the  number  or  the  strength  of  the  enemy 
in  the  way.  But,  after  all  that  has  been  said  by  the  Senator 
against  our  candidate,  the  sum  and  substance  of  his  opposition  will 
be  found  at  last  in  the  laet  that  Gen.  Taylor  is  a  whig.  That 
fact  made  him  the  standard-bearer  of  our  party,  and  it  is  that  fact 
which  makes  him  so  obnoxious  to  the  Senator  and  his  party.  Had 
not  Gen  Taylor  been  a  whig,  or  could  he  have  been  made  any 
thing  less  than  a  whig,  the  democratic  party  would  have  gladly 
made  him  their  candidate.  We  all  know  that,  before  Gen.  Tay- 
lor's politics  were  generally  known  at  the  North,  strong  move- 
ments were  made  in  several  northern  States  to  bring  him  out  as 
the  democratic  candidate  ;  but,  as  soon  as  it  was  ascertained  that 
he  was  a  whig,  and  a  Clay  whig  too,  they  all  forsook  him  and  fled. 
I  support  Gen.  Taylor  because  he  is  a  whig,  and  the  Senator  op- 
poses him  for  the  same  reason  ;  and  let  me  tell  the  Senator  that, 
if  Gen.  Taylor  had  been  a  democrat,  and  not  a  whig,  that  sym- 
pathetic eulogy  which  he  has  just  pronounced  on  ihat  great  states- 
man of  the  age,  Mr.  Clay,  might,  with  some  qualifications,  have 
been  used  to  sooth  the  disappointment  of  the  present  nominee  of 
the  Baltimore  convention. 

The  Senator  has  expressed  much  apparent  sympathy  for  that 
distinguished  statesman,  who  has  been  long  known  as  the  leader  of 
the  whig  party.  The  Senator  says  that  we  have  forsaken  the 
"  embodiment'"  of  whig  principles  ;  that  we  have  discarded  Henry 
Clay.  Not  so,  sir.  We  know,  and  that  Senator  knows,  that  for 
the  last  twenty  years  Mr.  Clay  has  been  the  mark  for  the  poison- 
ed arrows  of  the  adversary.  Day  and  night  have  they  shot  at  h.s 
bosom,  and  nothing  would  have  delighted  our  opponents  more 
than  to  have  had  another  chance  at  him.  In  such  a  fight  the  whig 
principles  could  not  have  had  fair  play,  and  we  should  only  have 


sacrificed  our  glorious  old  leader  without  winning  the  battle.  But, 
sir,  we  now  present  you  another  embodiment  of  whig  principles  in 
the  person  of  Gen.  Taylor.  Now,  try  your  arrows  upon  him.  He 
has  stood  many  a  hard  fight,  and  has  never  been  beaten.  As  our 
standard-bearer,  he  will  enable  us  to  give  effect  to  our  principles, 
and  to  secure  to  the  country  a  good  conservative  whig  administra- 
tion in  all  the  departments  of  the  government.  But  I  will  not 
pursue  this  subject  any  further.  I  only  rose  to  show  lhat  there 
were  difficulties  and  uncertainties  on  both  sides  of  the  issue  ten 
dercd  by  the  Senator  from  Mississippi.  We  had  better  have  these 
matters  tried  by  the  country  in  November  next. 

Mr.  FOOTE. — I  congratulate  the  country  upon  the  prospect 
suddenly  opened  upon  us  at  last,  ol  obtaining  a  little  insi''ht  into 
this  heretofore  mysterious  and  incomprehensible  thing  called  whi"- 
gory.  The  Senator  from  New  Jersey  evidently  sujiposes  that  he 
has  given  us  some  explanation  of  what  has  so  long  and  so  pro- 
foundly perplexed  the  public  mind  ;  and  I  hope  lhat  he  may  have 
111010  or  less  succeeded.  I  confess  though,  that  I  am  not  yet 
greatly  illinninated,  and  I  am  disposed  to  think  it  would  require  a 
series  of  lectures  equally  edifying,  with  that  lo  which  we  have 
just  listened,  to  enable  me  to  arrive  at  a  perfectly  satisfactory 
conclusion.  I  have  propuuiidcd  pl.iin  ipjestions  in  regard  lo  the 
present  princTples  of  the  whig  party,  and  General  Taylor's  opin- 
ions in  particular  ;  and  how  am  I  answered  ?  Why,  just  as  I  ex- 
pected lo  be — with  vague  generalities,  and  clamorous  commenda- 
tions upon  General  Taylor's  military  achievements.  Really,  but 
for  my  high  respect  for  the  Senator  from  New  Jersey,  I  should  feel 
)iowerfully  tempted  to  exclaim .  Parturiunl  monies ;  nascUur 
ridiculiis  «!«■«. 

Mr.  President,  we  have  heard  from  the  Senator  from  New  Jer- 
sey,what  he  seemingly  regards  as  quite  a  serious  accusation  against 
our  Presidential  candidale  ;  he  charges  him  with  having  at  one 
time  enteitained  impressions  more  or  less  favorable  to  the  Wilmot 
proviso,  aud  runs  into  a  long  and  tedious  citation  o(  particulars  in 
order  to  make  good  his  accusation.  I  confess,  I  do  not  know  pre- 
cisely what  has  been  the  mental  process  through  which  General 
Cass  may  have  advanced  to  ihe  deliberate  conclusion,  which  he  so 
explicilly  announced  to  the  public  some  six  months  ago.  Ha  mav 
have  lieen,  and  I  suppose  was.  upon  .a  superticial  examination  of 
the  question,  at  one  time  inclined  to  yield  to  grave  legislative  pre- 
cedent.-, and  to  suppose  iliat  Congress  possesses  authority  to  legis- 
late in  opposition  to  the  extension  of  slavery  in  territories  newly 
acquired.  I  know  that  this  notion  was  widely  adopted  some  year 
or  two  ago,  by  some  of  the  soundest  patriots,  and  wisest  men  of 
the  nation.  But  it  is  a  fact,  wliich  no  truthful  man  here  or  else- 
where will  ever  contest,  lhat  the  country  is  chiefly,  if  not  alone 
indebted  lo  General  Cass's  overwhelming  argument  in  the  last 
Congress,  for  ihe  defeat  of  the  Wilmot  proviso,  which  wis  then 
negatived  ;  and  I  know  that  ho  has  been  more  prompt  and  el- 
ticient  in  opposition  to  the  proviso  during  the  present  Con- 
gressional session,  than  any  other  man  in  this  body.  That  he 
ever  made  up  his  mind  maturely  to  sanction  the  proviso,  I  feel 
authorized  positively  to  deny  ;  and  although  I  was  a  witness 
of  the  Senatorial  scene  to  which  the  Senator  Irom  New  Jersey  al- 
UpU'S,  when  he  says  he  charged  Genera!  Cass  with  being  a  Wil- 
mot proviso  man,  and  he  acknowledged  it,  my  recollection  of  what 
occurred  on  that  occasion,  is  very  dilierent  indeed  from  that  of  the 
honorable  Senator.  I  certainly  understood  General  Cass  as  for- 
mally declining  at  the  time  any  distinct  declaration  of  opinion  ; 
and  i  remember  well,  that  though  the  Senator  from  New  Jersey 
evinced  in  his  aspect  and  demeanor,  not  a  little  exultation  over 
bis  imagined  triumph,  I  thought  then,  as  I  still  do,  that  he  was 
most  signally  discomtiled. 

1  have  said  that  1  suppose  it  possible  lhat  General  Cass's  mind 
may  have  undeigone  some  change  upon  ihis  question  ;  but  I  con- 
fess that  my  chief  reason  for  so  supposing,  is  that  in  his  admirable 
letter  to  jAlr.  Nicholson  of  Tennessee,  last  December,  he  uses 
the  following  language  : 

"  The  Wiimol  proviso  has  been  before  the  country  some  lime.  It  ha&  been  repeat 
edIy  discussed  in  Congress  and  iiy  Ihe  public  press.  I  am  strongly  impre>-sed'vvith  the 
opinion  that  a  sreat  change  lia.s  been  going  on  in  the  public  miml  upon  this  subject— 
1(1  inv  own  as  well  as  others  ;  and  that  doubts  are  resolvui'i  thenijelves  inio  CODWJ 
tioiis  thattbe  principle  it  involves  should  le  kept  out  of  the  National  Legislature,  ami 
left  to  the  people  ofthe  confederacv  in  their  respeclive  local  governments." 

*.*  *  *■*  *  *  *  V  « 

^I  am  saUsfied.  from  all  1  have  seen  and  heard  bete,  tliat  a  successful  atlem]illoin 
graft  Ihe  principles  of  (he  Wilmot  proviso  upon  the  legislauon  of  this  goveininent, 
and  to  apply  them  to  new  territory,  should  new  territory  be  acrjuired.  avoiiM  seriously 
afiectour  irani)uilitv.  I  do  notsulVer  myself  to  foresee  or  to  foretell  the  consequences 
th;it  would  ensue  ;  tor  I  trust  and  believe  there  is  good  sense  and  good  reeling  enough 
in  Ihe  country  to  avoid  them,  by  avoiding  all  occa-iions  which  niigliL  lead  to  them. 

isriefly,  then,  I  am  opposed  10  the  exercise  of  any  jurisdiction  by  Congress  over 
this  matter ;  and  I  am  in  favor  of  leaving  to  Ihe  people  of  any  tArilory,  wiiich  may 
be  hereafter  acfiuired,  the  right  to  regulate  it  for  themselves,  under  the  general  princi- 
ples ofthe  con-titntion. 

Now  it  cannot  be  necessary  for  me,  in  this  enlightened  and  phi- 
losophic age,  to  inform  Ihe  Senator  from  New  Jersey  that  every 
change  of  ojiinion  upon  new  and  complex  queslions,  does  not  ne- 
cessarily imply  either  weakness  of  intellect,  or  insincerity  of  heart. 
If  this  were  so,  to  what  profound  contempt  would  every  leading 
statesman  now  living,  or  who  ever  has  lived,  be  consigned  !  Why, 
sir,  a  wiser  saying  has  never  been  uttered  than  hirmanum  est  cr- 
rare  ;  man  must  sometimes  err  ;  God  alone  can  escape  error  of 
judgment,  perceiving  as  he  does,  all  the  bearings  of  every  ques- 
tion whatever,  whether  remote  or  proximate,  at  a  single  glance, 
and  standing  in  no  need  of  what  ■.- e  call  the  process  of  ratiociona- 
tion,  in  order  to  arrivaat  correct  conclusions.  But  man  with  his  lim- 
ited faculties  must  oftentimes  find  his  first  impressions  not  such  as 


758 


THE  ADJOURNMENT  RESOLUTION. 


[THrRSDAY, 


will  stand  the  test  of  sober  reasoninf;  and  mature  contemplation, 
and  tool  himself  called  upon  to  renounce  such  impressions,  even  at 
the  hazard  of  being  charged  by  illiberal  adversaries,  either  with 
inconstancy  of  judgment  or  want  of  honesty.  If  there  be  a  mem- 
ber of  this  body  who  has  never  yielded  up  an  opmion  once  adopted, 
"let  him  throw  the  first  stone."  That  there  is  one  man  in  tlic  na- 
tion that  might  be  able  to  assert  with  truth,  that  he  has  never 
changed  a  political  opinion,  I  do  not  at  all  doubt  ;  that  person  is 
the  whig  candidate  for  tlie  Presidential  oll'icc  ;  but  bis  good  for- 
tune in  this  respect  is  alone  to  be  attributed  to  his  having  no  jni- 
liiical  opinions  to  be  changed.  Whether  he  will  always  remain  in 
a  condition  so  felicitous,  remains  to  be  seen  hereafter. 

Mr.  MANGUM. — As  a  matter  of  personal  duty  which  I  owe  to 
a  friend  in  North  Carolina,  I  deem  it  proper  to  say,  that  the  odious 
doctrine  which  I  have  heard  attributed  to  the  I'rosident  of  the  late 
convention  in  Philadelphia,  was  only  alluded  to  by  him  as  a  doc- 
trine of  the  democratic  parly-  My  purpose  is  to  do  justice  to 
Governor  Morehead;  1  know  the  gentleman  well.  The  man  does 
not  live  who  is  more  incapable  of  adopting  the  odious  principle, 
"  to  the  victors  belong  tlie  spoils."  I  will  read  the  remarks  of 
that  gentleman  as  I  find  them  in  the  paper  whieli  I  hold  in  my 
hand.  And  I  appeal  to  every  Senator,  if  there  can  be  more  mag- 
nanimous, patriot;c,  elevated  .sentiments,  than  those  which  are 
breathed  in  these  remarks. 

[Mr.  M.  here  read  from  a  report  of  Gov.  Morehcad's  in  support 
of  the  statement  be  had  made.] 

The  sentiments  hero  expressed  have  no  assimilation  to  that 
which  the  Senator  has  attributed  to  him.  Victory  with  the  whig 
parly  is  only  useful  as  it  enables  us  to  elevate  the  American  char- 
acter, and  to  give  energy  and  stability  to  American  institutions. 
I  will  take  another  oeeasion  to  answer  the  various  interrogatories 
of  the  Senator,  as  the  hour  is  late,  although  I  am  rerfectly  ready 
now. 

Mr.  FOOTE. — I  feel  sure  that  I  have  quoted  the  language  al- 
luded to  correctly;  and  before  this  debate  shall  terminate,  I  will 
read  from  a  Philadelphia  paper  precisely  the  words  I  have  cem- 
plained  of.  I  am  not  responsible  for  any  cha.  go  of  phraseology 
which  Gov.  Morehcad's  friends  may  have  afterwards  judged  it 
prudent  to  advise. 

A  motion  was  made  that  the  Senate  adjourn.  It  wasnegativcd, 
upon  a  division.     Ayes  18,  Noes  22. 

Mr.  MANGUM. — I  am  ready  to  answer,  as  far  as  my  know- 
ledge extends,  the  various  interrogatories  of  the  Senator  ;  but  I 
shall  have  very  little  hope  that  ho  will  derive  any  substantial 
benetit  from  the  information.  Notwithstanding  the  gentleman's 
acuteness,  I  shall  hardly  be  enabled  to  enlighten  bim  j  for  ho  has 
avowed  in  his  speech  this  evening,  that  the  whig  doclrines  are  in- 
comprehensible to  him.  If  he  has  lived  all  his  life  without  under- 
standing what  they  are,  he  can  hardly  expect  that  I  should,  at  this 
tlay,  furnish  him  with  that  clear  conception  which  be  seems  so  de- 
sirous to  obtain.  But  I  am  asked  what  is  the  opinion  of  the  whig 
party  with  regard  to  the  expediency  of  establishing,  and  power  of 
the  government  to  establish,  a  national  bank  ?  I  think  I  can  have 
no  diflicully  in  answering  that  question.  In  accordance  with 
what  I  understand  to  bo  the  universal  whig  sentiment,  they  do  not 
doubt  the  power  of  the  government  to  establish  a  national  bank. 
Washington  did  not  doubt  it;  Madison  did  not  doubt  it;  Jackson 
did  not  doubt  it .  But  I  have  yet  to  learn  that  there  is  a  whig  in 
the  llnitod  Stales,  at  this  time,  who  contemplates  the  establish- 
ment of  a  national  bank  at  all;  and  c'rtainly  not  as  a  partv 
measure. 

Mr.  FOOTE. — My  inquiry  was,  as  to  I  he  views  of  ihc  siandard 
bearer  of  the  party  in  regard  to  this  subject. 

Mr.  M.\NGUM. — 1  have  no  express  aulliorily  to  speak  for 
General  Taylor;  but  I  derive  authority  as  a  whig  lo  speak  for  the 
siandard  bearer  of  the  whig  partv,  and  b>r  the  whig  party  itself, 
anil  I  repeat,  that  there  is  not  a  whig  within  my  knowledge,  in  the 
Uiiilcd  States, who,  by  mere  party  power, would  construct  a  national 
bank.  I  answer  the  Senator's  (|uesiion  then.  Iiy  saying  that  the 
jiarlv  contemplate  no  sucli  tiling  as  th<!  eslaitlishinent  of  a  national 
bank.  Tln'.n  I  am  called  ujion  to  say  what  General  Taylor's  sen- 
nnienls  are  with  respect  to  annexation.  I  do  not  know  whether 
the  question  has  reference  to  past  annexation  or  to  the  annexation 
of  more  territory.  I  have  always  understood  tliat  General  Taylor, 
with  the  united  whig  party,  or  an  overwhelming  portion  of  them 
at  least,  were  opposed  to  the  annexation  of  foreign  tcrrilory  in  all 
eases  in  which  it  coiibl  not  be  broiiglii  in  with  pinfecily  baruin. 
nions  feelings.  I  am  also  informed  tbiU.  (ieneral  Taylor  is  opposed 
to  taking  his  neighbor's  property  by  force  of  arms;  and  1  iionor 
bim  for  it.  I  believe,  in  this  respect,  that  he  harmonizes  perfectly 
with  the  entire  whig  |iarty  of  this  Union.  I  do  nut  know  a  whig 
who  would  have  been  in  favor  of  taking  from  Mexico  the  teiritory 
which  we  iiave  recently  acquired,  if  the  enormily  of  the  act  were 
not  somewhat  mitigated,  by  knowing  i  lun  we  arc  paying  its  value 
fourfold.  1  am  aski.'d  what  is  the  opinion  of  (ii'ncral  Taylor  upon 
the  subject  of  a  tarill'.  I  will  here  inquire  of  the  honoraliln  Sena- 
tor, if  those  glorious  visions  of  free  tr:idc,  with  which  ho  has  been 
delighted,  are  likely  to  be  realized  under  the  expected  democratic 
administration?  Is  that  the  way  tliey  propose  to  piiy  ;t  debt  of 
one  hundred  and  fifty  millions?  1  had  supposed  that  those  haievoii 
dreams  had  passed  away,  even  from  the  heated  imaginations  of 
the  gentlemen  opposite.  Your  presenl  larilf,  according  to  authen- 
tic statements,  statements  in  which  I  have  entire  conlidcnco,  would 


not  raise  twenty-two  millions  of  dollars  during  the  next  fiscal  year, 
but  for  tho  large  loans  lately  eflfected,  much  of  which  may  come 
here  in  the  shape  of  dutiable  imports.  Where  are  the  other 
eighteen  millions  of  dollars  to  come  from  I  I  lake  it  for  granted 
that  Gen.  Taylor  admits  the  doctrine — all  the  evidence  that  I  have 
seen  confirms  it — that  fair  encouragement  and  protection  should  bs 
extended  to  our  domestic  manulactures.  But  1  think  hereafter  we 
shall  not  have  much  controversy  on  this  subject,  because,  arrange 
the  larilfas  you  will,  you  cannot  be  able  to  meet  the  absolute  ne- 
cessities of  the  government.  Those  necessities  cannot  require 
much  less  than  forty  millions  annually — to  pay  interest  on  the  na- 
tional debt,  to  contribute  moderately  to  a  sinking  fund,  and  to 
meet  the  current  expenses,  that  must  be  much  enlarged  by  the  ne- 
cessary enlargement  of  the  army  required  by  the  multiplication  of 
military  posts  at  vast  distances,  and  of  difTicult  and  expensive 
accessibility.  I  am  asked  the  opinion  of  General  Taylor  on 
the  independent  Treasury.  On  that  subject  I  have  no  detailed 
information  ;  I  think  it  is  a  matter  of  very  little  moment. — 
The  government  will  hardly  have  money  enough  to  put  it  to  any 
inconvenience.  But  every  whig  is  against  it.  As  I  have  once  be- 
fore said  in  this  body,  I  believe  that  a  degree  r.f  importance  has 
been  attached  to  this  subject  to  which  it  never  was  entitled.  Its 
value  has  been  magnified.  I  have  looked  upon  it  as  a  sort  of 
stratagem  to  divert  the  public  mind,  being  in  itself  incapable  of 
doing  good,  or  very  great  injury.  However,  that  is  only  my  in- 
dividual opinion.  Again  ;  I  am  asked  what  is  tho  opinion  of  Ge- 
neral Taylor  on  the  subject  of  the  Wilmot  proviso.  Well,  sir,  a 
little  by  play  has  sprung  up  here  that  has  really  made  me  feel 
somewhat  nnoomfortable,  has  given  me  some  apprehensions  as  a 
public  man,  that  in  the  event  that  General  Cass  comes  into  power 
it  is  not  certain  what  he  may  do.  I  am  ready  to  admit  that  a 
magnanimous  man  may  change  his  opinion,  and  not  hesitate  to 
avow  the  change,  but  when  a  gentleman  who  has  been  forty  years 
in  public  life,  and  who  must  be  supposed  to  be  famibar  with  all 
questions  of  this  magnitude,  avows  contradictory  o|iinions,  it  is  to 
be  presumed,  that  the  latest  edition  is  the  one  to  which  he  will  ad- 
here. We  may  expect  young  men  to  change  their  opinions,  but 
when  the  mind  attains  a  degree  of  maturity  that  may  be  supposed 
to  exist  after  forty  years  meditation  upon  a  question  of  great  pub- 
lie  interest,  we  have  a  right  lo  expect  some  stability,  and  when 
we  sec  a  sudden  change  we  must  conclude  that  it  indioates  either 
infirmity  of  purpose,  or  sinister  design.  Sir,  as  regards  General 
Taylor's  opinion  upon  the  Wilmot  proviso,  I  have  no  express  in- 
formation, but  I  am  willing  to  rely  on  his  patriotism,  intelligence, 
and  sound  sense,  upon  his  conservative  character  as  developed  in 
every  transaction  of  his  life.  As  I  said  before,  the  whole  South 
will  put  their  trust  in  bim  without  any  misgivings.  I  have  reason 
to  suppose  that  General  Taylor  has  announced  his  sentiments  in 
the  Allison  letter.  Sir,  the  great  advantage,  in  my  opinion,  which 
General  Taylor  possesses  over  bis  adversary  is  this,  that  his  opin- 
ions are  not  contradictory.  General  Taylor  holds,  I  believe,  that 
the  public  sentiment  constitutionally  expressed  should  in  all  cases 
prevail,  where  it  docs  not  come  m  conflict  with  constitutional 
law. 

Mr.  FOOTE.— Does  General  Taylor  regard  I  he  Wilmot  provi- 
so as  constitutional,  or  not  ? 

Mr.  MANGUM.— Upon  that  point  I  can  give  the  gentleman 
no  information,  because  1  am  not  one  of  the  initiated.  I  am  some- 
what in  the  condition,  perhaps,  of  a  new  recruit.  I  have  not  sought 
information,  but  1  am  sure  of  this,  that  the  question  is  safe  in  his 
bands.  I  can  express  what  my  own  opiniims  are.  I  have  a  very 
clear  opinion  that  Congress  has  no  power,  either  negative  or  al- 
Hrmative,  over  the  subject.  But  I  think  1  may  say  this,  that  what- 
ever General  Taylor  may  do  on  the  subject  ol  the  veto,  he  will 
never  be  found  in  the  category  of  Presidenl's  thai  I  have  heard  of  : 
and  here  I  desire  to  make  an  interrogatory — I  desire  to  know  the 
fact,  as  a  curious  incident  in  history.  A  certain  harbor  bill  ol 
ours,  an  omnibus  containing  a  good  many  things,  was  most  inge- 
niously constructed  with  the  Presidenl's  approbation,  and  in  the 
other  branc^i  of  the  legislature  an  amcndmcnl  was  made  lo  it  in 
reference  to  the  canal  near  Louisville.  Il  was  given  out  by  the 
devoted  friends  of  the  President  that  if  a  single  \\ord  in  the  bill 
should  bo  altered  it  would  be  vetoed.  And  1  undcrstami  that  my 
unforliniate  friend.  Col.  Tibbalts,  who  introduced  the  amendment, 
was  al  last  compelled  to  have  it  voted  out.  The  bill  passed  the 
other  House,  and  it  passed  here,  and  after  all  it  mot  the  veto.  It 
is  a  curious  incident,  and  ought  to  be  written.  But  what  I  say  is, 
that  General  Taylor,  if  cle<'lcd,  will  not  act  in  this  way.  What 
General  Taylor  .says,  he  will  do  ;  what  be  promises,  he  will  e.NC- 
cute  ;  if  it  goes  up  to  M^'  40'  he  will  stand  there,  although  Santa 
Anna  with  all  his  legions,  or  the  British  lion  with  all  iis  power, 
should  assail  him.  But  as  lo  this  Wilmot  provi.so.  It  is  argued  from 
the  Signal  htlcr  that  Gen.  Taylor  must  be  a  provi.'-o  man.  I  do  not 
understand  it  so.  But,  sir,  we  are  taunted  over  and  over  lor  not  hav- 
ing put  before  ihe  coiiiitrv  ihe  whig  platform.  Sir,  this  great  whig 
p«rlyofours  stand  upon  the  platform — ycs,lm.ay  say  without  irreve- 
rence, the  sacred  platform — of  the  veiieralcd  fathers  of  ihi'  repub- 
lic. It  slaiids  where,  in  tho  early  ages  of  our  hislory,  Washing- 
ton, Madison,  and  others,  the  purest  and  ablest  men  lliut  Ihc 
ciMinlry  ever  saw  placed  it.  Sir,  perhaps  the  gcnilcman,  in  bis 
extensive  rcadin".  knows  siunelhing  of  Mahouicl.  He  promulga- 
ted certain  <loctrincs  bn-  the  guidance  of  bis  dclinled  followers,  and 
as  often  as  be  found  thai  any  of  the  dogmas  became  obnoxious, 
and  in  conflicl  with  bis  practice,  he  kept  expunging  ihem  and 
substituting   others.     So   it  is,  it   appears,   with  the  demecratic 


June  22.] 


THE  ADJOURNMENT  RESOLUTION. 


759 


doctrines.  They  are  changing  from  time  to  time.  I  have  no 
doubt  that  democracy  is  as  pure  in  politics  as  Mahomet  in 
religion.  We  do  not  worship  at  that  shrine,  however.  This 
Signal  letter  man,  however,  has  quit  us,  and  my  friend  from 
Mississippi — he  will  pardon  me  for  calling  him  so — may  sleep 
of  nights.  The  truth  is,  the  Senator  will  have  to  make  up  his 
mind  to  the  fact  that  there  will  be  an  utter  route  of  the  democrat- 
ic party.  I  am  sorry  to  say  so  to  my  friends  over  the  way  ;  for, 
although  I  have  pride  in  victory,  I  have  none  in  triumph. 

Now,  I  want  to  ask  the  honorable  Senator  a  few  questions  in 
regard  to  matters  upon  which  I  think  the  cotmlry  is  vastly  inter- 
ested in  endeavoring  to  obtain  information.  In  reference  to  (Jen. 
Taylor,  I  think  it  is  very  likely  that  the  country  takes  this  view. 
They  know  him  to  be  equal  to  every  occasion.  That  safe,  unerr- 
ing sagacity,  that  steady  judgment,  as  steady  as  his  integrity  is 
immoveable  :  that  faculty  of  weighing  and  judging — the  highest 
of  the  human  mind — the  great  faculty  of  tlie  father  of  his  country 
— all  these  furnish  a  full  guarantee  fur  a  liberal  confiilenee.  No 
man  living  has  been  exposed  to  more  trying  situations  and  vicissi- 
tudes— with  a  formidable  enemy  in  front,  to  say  nothing  of  the 
guerrillero  lire  in  the  rear.  No,  not  even  the  illustrious  Scott,  the 
tirst  captain  of  the  age,  and  the  worst  treated  man  in  Christendom, 
has  been  more  exposed — and  yet  General  Taylor  is  found  justly 
equal  to  the  occasion — and  while  building  monuments  of  glory  for 
his  country  more  durable  than  marble,  as  durable  as  history,  yet 
seemingly  wholly  unconscious  of  having  done  more  than  a  naked 
act  of  common  duty. 

When  called  to  the  head  of  the  government,  lie  will  call  around 
him  the  ablest,  wisest,  and  purest  of  his  frieud.s,  bis  political  san- 
heidrem — and  after  hearing  all,  he  will  then  rely  upon  his  own  sound 
judgment,  as  did  Washington  before  him. 

Mr.  FOOTE.— Who  will  be  of  that  council  or  sanhedrim  ? 

Mr.  MANGUM. — I  know  not,  but  suppose  I  were  to  name  our 
fri«nd  Crittenden  as  one  ? 

Mr.  FOOTE. — I  ask  the  Senator  whether  Mr.  Wf.dstek  will 
make  one  of  the  council  ? 

Mr.  MANGUM.— Mr.  Webster  was  cut  up  "horse,  foot  and 
dragoons"  in  the  Philadelphia  convention — and  yet  he  has  had  the 
magnanimity  to  give  in  his  adhesion  to  the  nomination.  He  could 
not  have  done  less  with  honor,  than  abide  the  decision  of  our  re- 
cognized organ — the  national  whig  convention.  Hisemiiient  abil- 
ity entitles  liim  to  any  position  in  his  party  or  country.  I  know 
nothing  of  his  wishes,  or  General  Taylor's  intentions  in  this  res- 
pect. I  should  hardly  think  he  would  descend  to  a  place  in  the 
cabinet.     This  chamber  is  the  true  theatre  of  his  lame. 

But  it  is  said  that  General  Taylor  has  written  some  of  the 
weakest,  as  well  as  some  of  the  most  polished  letters.  I  kno\v  not 
who  writes  General  Taylor's  letters,  but  I  know  this,  that  when 
he  writes,  ho  generally  writes  to  the  purpose  ;  and  that  these  same 
letters  have  done  more  to  overthrow  the  democratic  party  than 
even  his  military  renown.  They  are  characterized  by  simplicity 
and  force — they  exhibit  truth  in  all  its  nakejncss,  and  yet  in  all  us 
beauty.  But  the  honorable  Senator  has  hi.s  .sympathies  excrucia- 
tingly touched  by  the  overthrow — the  ungrateful  and  heartless 
overthrow  of  Mr.  Clay  at  Philadelphia.  In  a  gush  of  feeling  and 
sympathy  as  sincere  as  it  is  eloquent,  he  announces  that  Ca'sar  is 
dead  and  buried.  As  the  friend  of  Mr.  Clay,  I  am  rejoiced  to 
find  these  evidences  of  a  returning  sense  of  justice  to  the  illustri- 
ous merits  of  that  great  man.  If  any  thing  could  mitigate  the 
deep  sense  his  friends  entertain  of  the  hard  ineasure  dealt  mit  to 
Mr.  Clay,  it  would  be  the  hope  that  Mr.  Clay,  now  out  of  the 
public  eye  for  public  place — for  when  in  the  Held,  the  terrors  with 
which  ho  inspired  democracy  left  him  no  chance  for  justice.  But 
now  Mr.  Clay  may  live  to  witness  a  deep  and  universal  sense  on 
the  part  of  his  countrymen  of  the  eminent  merits  of  his  patriotic 
life.  But  "Capsar  is  dead!"  The  ancient  Cfesar.  when  he  great- 
ly and  gracefully  lell,  had  yet  the  fortune  to  leave  his  Antony  who 
gave  tongues  to  wounds,  and  made  even  the  stones  to  mutiny  at 
the  disaster,  of  Rome. 

Our  modern  CfEsar — greater  than  the  ancient,  will  find  ravriads 
of  Antonies  in  the  ranks  of  the  great  democracy — iheir  tears  and 
all.  I  don't  say  crocodile  tears — for  I  think  the  naturalists  say  it 
is  alia  mistake  about  crocodiles  shedding  tears — but  tears  ol  deep, 
hopeless  and  unavailing  sorrow  at  the  overthrow  and  death  of  our 
Csesar — aye,  and  we  may  expect  them  wreathed  in  willow,  and 
bearing  bouquets  -to  make  sad  pilgrimages  to  his  "political 
grave,"  to  wet  it  with  their  tears  and  bestrew  it  with  roses,  by 
way  of  consecrating  his  memory  in  the  aflections  of  his  country- 
men, and  perchance  with  the  better  purpose — in  expiation  nf 
the  iniquitious  vituperations,  revelliiigs  and  calumnies  tlieylieaped 
upon  him  while  living.  Yes,  the  Senator  does  him  no  more 
than  justice  ;  he  is  the  very  first  in  our  ranks — a  man  worthy 
of  all  honor,  but  in  the  degeneracy  of  the  age,  and  under  the 
bitter  vituperation  of  his  enemies,  it  would  be  impossible 
perhaps  that  he  could  carry  the  whig  banner  successfully 
through  the  contest.  But  we  have  another  and  a  glorious  old  hero, 
who  will  nobly  sustain  every  assault  that  is  made  upon  him.  But 
as  to  our   friend   General   Cass,  I  understand  the   Senator  to  sav 


that  he  had  never  seen  him  in  debate  here  that  he  had  not  been 
able  to  overthrow  his  antagonists.  Was  the  Senator  here  in  the 
time  of  54"  40'  ?  In  those  days  there  was  a  Goli&h,  that  came 
from  a  State  on  this  side  of  the  Rocky  Mountains.  He  came 
how?  With  a  spear  ?  No.  With  a  beam  ?  No.  But  as  if  with 
one  hand  he  had  torn  up  by  the  roots,  the  noblest  of  his  own  Mis- 
souri forest  trees  as  if  they  were  grass,  and  in  the  other  carried 
the  spear  of  his  own  Rocky  Mountains,  and  heaped  them  all — 
mercilessly,  remorseles.sly,  and  unrelentingly,  upon  the  devoted 
but  philosophic  head  of  the  giant  of  54"  40',  the  nominee  of  the 
Baltimore  convention.  With  what  patience,  endurance,  and  com 
mendable  philosophy  he  bore  it  all,  I  need  not  say.  But  I,  who 
witnessed  this  war  of  the  democratic  gods,  and  inoro  than  all,  the 
sufl'ering,  felt  that  I  would  not  have  undergone  it  for  a  nomination 
for  the  Presidency- — nor  for  the  ollice  itself.  But  if  the  Senator  did 
not  overthrow  his  antagonist  on  that  occasion,  I  suppose  it  was  be- 
cause he  was  a  democrat.  I  would  like  to  know  what  Gen.  Cass 
would  do,  ifelected.and  the  river  and  harbor  bill  should  be  passed  by 
both  Houses?  I  understand  that  he  voted  for  the  bill  when  It  was  be- 
fore the  Senate.  I  have  seen  a  very  interesting  letter  of  the  Gen- 
eral's, written  since  the  nomination,  in  which  he  gives  his  entire 
approbation,  as  I  understand,  to  the  course  taken  by  this  admin- 
istration; and  I  believe  that  Mr.  Cass  would  not  have  been  the 
democratic  candidate  this  day,  but  for  that  veto. 

Mr.  FOOTE.— Mr.  Polk  declared  that  he  would  not  be  a  can- 
didate for  re-election. 

Mr.  .MANGUM— But  the  truth  is,  the  honorable  Senator 
knows,  that  Mr.  Polk  is  patriotic,  and  seeing  his  parly  hard 
pressed,  he  would  have  come  to  the  rescue.  But  I  want  to  know 
— Gen.  Cass  having  in  his  letter  of  acceptance  endorsed  all  the 
leading  measures  of  the  adminsitralioii,  and  this  being  one — what 
he  will  do  when  President,  in  the  event  of  siieli  a  bill  being  ajrain 
passed  by  Congress?  Antl  I  want  to  know  in  regard  to  this  new 
platform  of  the  democratic  party,  which,  according  to  the  distin- 
guished Mr.  Yancey,  is  not  the  true  platform.  By  the  way,  I 
hope  the  honorable  Senator  from  Mississippi  sustained  no  injury 
at  the  downfall  of  the  [  latform  in  New  York  a  few  days  a^o. 

Mr.  FOOTE.— There  was  no  harm  done. 

Mr.  MANGUM. — No,  sir;  the  Senator  must  be  accustomed  to  il 
as  a  sort  of  practising  lesson,  for  the  great  downfall  of  next  Novem- 
ber. But  let  us  come  back  to  the  subject  of  the  democratic  platform. 
1  wish  to  know  whether  it  includes  internal  improvement?  General 
Cass  having  expressed  his  approval  of  all  the  acls  of  this  admin- 
istration, I  take  it  for  granted  he  will  be  against  all  bills  for  open- 
ing harbors  and  improving  rivers.  The  Senator  has  somewhat 
taimteil  me  with  having  given  in  my  adhesion  to  Gen.  Taylor, 
without  knowing  what  his  views  and  principles  are.  Now,  1 
should  like  to  know  how  it  happens  that  he  has  given  in  his  adhe- 
sion to  Gen.  Cass  without  knowing  what  he  would  do  if  elected. 
I  will  pursue  these  inquiries  from  day  to  day.  I  take  it  for  granted 
that  as  Mr.  Cassapproves  all  the  measures  of  lliis  administration, 
my  honorable  friend  from  Ohio  [Mr  Allen]  is  left  in  the  lurch,  w  liilsi 
his  ancient  friend  and  compeer  is  sunning  himself  south  of  49.  Sup- 
pose that  this  fair  sunny  country  of  New  Mexico  should  be  created 
into  a  territory,  and  our  friends  at  the  north  here,  who  are  viuited 
with  many  visions,  should  succeed  in  getting  an  act  passed  declar- 
ing that  a  man  who  goes  there  with  his  servants  shall  be  prohib- 
ited from  claiming  their  services,  I  would  like  to  know  what  Gen. 
Cass,  in  the  event  of  his  being  President,  would  do  in  such  a  case? 
Would  he  veto  the  bill  ? 

Mr.  FOOTE. — Congress  has  no  power  to  legislate  on  the 
subject. 

Mr.  MANGUM —Then  of  course  he  would  vetoil.  I  have 
not  read  Mr.  Cass's  letter,  because  I  did'nt  know  but  that  by  the 
time  I  got  through  there  might  be  a  new  edition  of  it.  I  should 
like  to  know,  in  the  event  that  the  new  territory  should  determine 
to  exclude  slavery,  and  the  question  should  come  here,  as  it  must, 
to  receive  the  approbation  of  Congress,  what  would  the  President 
do  in  that  case  ? 

Mr.  BUTLER.— Will  the  honorable  Senator  give  way  for  an 
adjournment.  This  debate  has  assumed  a  latitude  which  was  not 
anticipate  I. 

Mr.  MANGUM.— I  will  yield  the  lloor  to  the  gentleman  if  he 
will  allow  me  one  moment,  lliat  I  may  get  an  aiiswer^to  this 
questifjn;  for  I  shall  sleeji  more  calmly  alter  I  obtain  an  answer 
to  it.  [A  laugh.]  I  want  to  know,  in  the  event  the  people  of 
New  Mexico  determine  to  exclude  slavery  from  theii'  territory, 
uirI  both  Houses  of  Citii<:ress  concur  in  passing  an  acl  fi»rtlial  pm  - 
pose,  what  course  would  Mr.  Cass  lake  if  elected  President,  iii 
reference  to  such  a  case  ? 

Mr.  FOOTE. — Mr.  Cass  has  set  forth  his  views  in  the  most 
conspicuous  manner  in  his  letter  of  acceptance. 

On  motion, 

The  Senate  adjourned. 


760 


LOSSES  IN  THE  FLORIDA  WAR. 


[Friday, 


FRIDAY,  JUNE  23,  1848. 


CREDENTIALS. 
Mr.  BENTON  iiresenteJ  llic  nredentials  of  the  lioruiifil>le  Hen- 
KY  Dodge,  chosen  ii  Senator  hy    the   Lejiislature  of  the  State  ol 
Wisconsin;  and  the  oath    prescribed   by   law  was  administered  to 
Mr.  Dodge,  as  he  took  hi.s  seat  in  the  Senate. 

THE    private    calendar. 

On  motion  by  Mr.  MASON,  it  wa-s 
Ordered,  That  the  Senate  will    proceed  to  tlie  consideration  ol 
private  bills  at  12  o'clock  to-morrow. 

petitions. 
Mr   FEL(;H  presented  a  mcinririal  of  citizens  of  Washington, 
in  the  District  ol  Columbia,   prayin<r   the  purcliase  of  Mount  Ver- 
non by  the  eovernment:  which  was  referred  to  the  Committee  on 
Military  AB'airs. 

ABOLITION    OF    SLAVERY    IN    THE    DISTRICT     OF    COLUMBIA. 

Mr.  HALE  submitted  the  following  resolution  for  consideration: 

Kesolrcd,  That  llie  Coinmittceon  die  Disliict  of  ('olumbia  be  iiislnu-leii  lo  repoil 
ubill  abolishing  slavery  in  said  District. 

PRIVATE    DILLS. 

Mr.  UNDERWOOD,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  bills  from  the  Honse  of  Representatives  for  the 
relief  of  P.  B.  Gratiot,  and  the  legal  representatives  of  Henry 
Gratiot,  reported  the  same  without  amendment. 

Mr.  BALDWIN,  from  the  same  committee,  to  whom  the  fol- 
lowing bills  irom  the  Honse  of  Representatives  were  referred— 

.\n  act  ibrtije  n-liHroCthe  leiial  represenlaluvs  of  David  Gardner,  of  Soulhhoroujh. 
Massaeliusetts. 

An  ai-l  for  lire  lehef  of  llu'  le^.d  repip^fnlalive.  of  ra|itam  Oeoige  B  ShueiiiaI.er, 
deceased . 

An  act  for  the  rehel  ofClias-  ."Mireuleldl  and  Jolm  K    II    \\>':l  : 
reported  the  same  without  amendment. 

INDIAN    CLAIMS. 

Mr.  ATCHISON,  from  the  Committee  on  Indian  Afl'-iirs,  to 
whom  vi'as  referred  a  resolution  to  authorize  the  adjudicatiuii  of 
ol  certain  Indian  claims,  under  the  act  uf  SSd  August,  l!542,  re- 
ported the  same  without  amendment. 

THE   (  HOCTAW   ACADEMY. 

Mr.  .\TCH1S0N,  from  the  Conimillce  on  Indians  Alfaiis,  to 
whom  the  subject  was  referred  reported  a  bill  to  compensate  R. 
M.  Johnson  for  the  erection  of  certain  buildings  for  I  he  use  of  the 
Choctaw  academy,  which  was  read  and  passed  to  Ilie  second 
reading. 

ORDER   TO   PRINT. 

On  motion  by  Mr.  ATCHISON,  it  was 

Ordered,  That  the  document  accom|ianying  the  joint  resolution 
to  authorize  the  adjudication  of  certain  Indian  claims  under  tiie 
■.-.ct  of -aSd  .\ugusi,  1842,  be  printed. 

RICHARD  FIELDS. 

Agreeably  to  notice,  Mr.  TURNEY  asked  and  obtained  leave 
to  bring  in  a  resolution  for  the  relief  of  Richard  Fields,  which  was 
read  tne  tirst  and  second  times  by  unanimous  consent,  and  rcler- 
red  to  the  Committee  on  Jud.ciary  Atl'airs. 

The  Senate  proceeded  to  consider  the  resolution  ..ubmillcd  ilie 
19th  inst.,  by  Mr.  Downs  respecting  the  assignment  of  scats  in 
the  Senate. 


On  motion  by  Mr.  BADGER,  il  was 
Ordered,  That  the  resolution  lie  on  tin 


tab; 


FOREION  MAILS. 

The  Senate  proceeded  to  consider  their   amendments, 


miiended 
and  disagreed  io  by  the  House  of  Representatives,  to  the  bill  to 
amend  the  act  to  piovido  for  the  transportation  of  the  mail  be- 
tween the  United  States  and  foreign  countries  ;  and  il  was 

Rtsvlvnl,  That  thev  recede  from  Ihtir  'M  aiiiendiiienl  di^acrced  to  hy  Iho  Honse  of 
Representatives,  and  concar  in  ihean.endnlenl  of  the  Ilon^eof  Rt.[iresentatives  lo  the 
yth  aiiiendmenl  by  the  Senate. 

WYAND0TT3  AND  DELAWARES. 

The  joint  resolution  to  sanction  the  agreement  made  between 
the  Wyandott  and  Delawarcs   for  the  purchase  uf  certain  lands, 


by  the  former  of  the  latter  tribe  of  Indians,  was  road  the  second 
time  and  considered  as  in  Committee  of  the  Whole;  and  no  amend- 
ment being  made  it  was  reported  to  the  Senate. 

Ordered.  That  the  resolution  be  engrossed  and  read  the  third 
time. 

The  said  resolution  was  read  a  third  time. 

Kesoh-ril.  That  this  resolution  pass,  and  ihal  the  tills  thereof  ha  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives. 

MESSAGE  FROM  THE   HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
senlalives,  by  Mr.  Campbell,  their  Clerk  : 

Mr- President  ,  The  Speaker  of  the  Honse  of  Kepresentalives  having  signed  len  en- 
rolled hills,  and  an  enrolled  resolution,  I  am  directed  to  bnnj  them  to  lire  isenatelor 
the  slynalrire  of  their  President. 

Thev  have  passed  the  joint  resolution  fiom  the  Senate  authorizing  the  presentation 
tolhegovernn.entof  Friinoe  of  aseries  of  the  standard  weights  arid  measures  ol  ibe 
I'nited  with  an  amendment. 

They  have  also  passed  the  bill  from  the  Senate  respecting  celtain  surveys  in  tha 
Slate  of  Florida  wi.h  an  anieudment  in  which  amendments  they  request  theconcni- 
rence  of  the  Senate. 

TESTIMONY  RESPECTING   LOSSES   IN   THE    FLORIDA  WAR. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  consi- 
deration of  the  bill  providing  for  the  obtaining  of  testimony  in  re- 
lation to  claims  for  losses  sustained  in  the  late  Florida  war. 

Mr.  DICKINSON  had  no  doubt  that  the  words  should  be  stiuck 
nut— that  it  seemed  to  hiiD  that  the    bill    would  still  be  defective. 
There  should  be  a  provision  for  the  cross-examination  of  witnesses. 
Mr.  WESTCOTT  said   that   the  bill  did  contain  such  a  provi- 
sion. 

Mr.  DICKINSON  replied,  that  he  was  aware  of  it;  but  it  was 
to  be  conducted  by  the  judge.  There  should  be  some  one  to  con- 
duct it  on  the  part  of  the  government.  If  the  duty  of  cross-ex- 
amining witnesses  and  recording  testimony  devolved  upon  the  offi- 
cer who  was  to  decide  upon  the" admissibility  ol  evidence  and  the 
propriety  of  pursuing  it,  it  was  obvious  that  great  embarrassment 
would  be  the  result. 

Mr.  WESTCOTT  contended  that  if  the  bill  were  as  the  Sena- 
tor from  New  York  supposed,  his  objection  would  be  effective. — 
But  in  order  to  obvialc  the  objection  of  the  Senator  from  Connec- 
ticut, that  the  commissioner  should  not  be  merely  the  attorney  ot 
the  government,  the  bill  was  so  amended  as  to  meet  that  objec- 
tion. The  only  objection  that  seemed  to  strike  members  of  the 
Senate,  when  it  was  under  consideration  the  other  day,  was,  that 
It  enacted  a  special  law  for  Florida,  and  that  there  was  an  impro- 
priety in  it  inasmuch  as  a  proposition  to  establish  a  general  board 
of  claims  had  been  presented  to  Congress.  But  the  species  of 
claims  for  which  this  bill  was  intended  to  provide  could  not  be  de- 
termined by  that  board.  The  expense  attendant  upon  the  pro- 
curing of  witnesses,  nay,  the  transmission  of  depositions  by  mail, 
would  cost  the  United  Stales  more  than  the  salary  of  the  commis- 
•  sioner. 

Mr.  DICKINSON  still  insisted  on  his  objection. 
Mr.  WESTCOTT  suggested  that  the  District  Attorney  might 
be  required   to  attend  and' act  as    attorney  for  the  government. — 
The  President  could   appoint    him,    and   it  would  be  preferable  to 
have  him  from  another  State. 

Mr.  DICKINSON  said  that  ho  had  anticipated  that  suggestion. 
He  did  nut  object  to  the  cost  of  the  plan  proposed  by  this  bill,  lor 
Ihese  claims  went  by  tens  of  thousanils  of  dollars.  But  the  com- 
missioner shouhl  not  have  double  duty  cast  upon  him.  The  duties 
of  attorney  and  commissioner  should  be  separate,  and  be  dis- 
charired  by  dillcrent  individuals.  As  the  system,  if  adopted,  must 
lie  c.Clenilcd  to  every  State  and  tcrriioiy  in. which  Indian  depreda- 
tions had  been  coimniltcd,  it  was,  in  his  opinion,  advisable  to  start 
fair, 

Mr,  CLAYTON  was  in  favor  of  the  bill  if  it  could  be  so  modi- 
fied as  to  make  its  provisions  consistent  with  the  previous  action 
of  the  Senate  in  cases  of  this  description.  He  supposed  that  no 
one  imagined  that  the  government  was.  bound  to  pa\  the  claim- 
ants in  all  these  cases.  "  The  principles  which  had  governed  the 
Senate  in  the  payment  of  claims  on  account  .  f  Indian  depreda- 
tions were  well  settled.  Wherever  private  property  was  taken 
for  public  use,  or  destroyed  in  consequence  of  the  United  States 
troops  occupying  places  as  military  posts,  the  parties  had  received 
adequate  compensation;  but  it  never  was  contended,  as  he  under- 
stood, that  the  government  ought  to  pay  every  person  whose  pro- 


June  23.] 


THE  OREGON  BILL. 


761 


petty  had  been  destroyed  in  that  Florida  war.  Where  then  was 
the  necessity  of  taking  testimony  in  cases  in  which  it  was  not  in- 
tended to  pay  a  farthing  1  Why  incur  the  expense  and  trouble  of 
taking  testimony  to  establish  the  fact  that  such  a  man's  house  was 
burnt  by  the  Indians,  when  it  was  known  in  advance  that  the  go- 
vernment did  not  intend  to  pay  ?  If  the  bill  were  so  amended  as 
to  provide  that  testimony  should  be  taken  only  in  those  cases  in 
which  the  government  were  bound  to  pay,  ho  would  willingly  voto 
for  it.  There  was  much  force  m  the  remarks  of  the  Senator  froni 
New  York,  that  in  taking  testimony  there  ought  to  be  some  ground 
interposed  in  behalf  of  the  United  States. 

Mr-  WESTCOTT  stated  that  there  was  an  express  provision 
inserted  in  the  bill  by  the  honorable  Senator  from  Kentucky,  re- 
quiring the  commissioner  to  cross-examine  the  witnesses  in  regard 
to  the  value  of  the  property  and  every  incident  oonneoted  with 
the  case. 

Mr.  CLAYTON  said  it  seemed  to  him  that  the  government 
should  be  represented.  The  commissioner  was  to  act  in  some  sort 
as  a  judge.  It  was  proper  that  there  should  be  some  one  then  to 
protect  the  interest  of  the  government,  especially  when  the  claims 
were  of  such  magnitude.  When  the  testimony  would  bo  returned, 
and  whole  volumes  of  it  presented,  would  it  not  be  argued  that 
cases  of  great  hardship  have  been  disclosed,  and  that  although 
not  coming  within  the  rule  of  action  heretofore  adopted  by 
the  Senate,  yel  that  justice  and  humanity  retjuire  that  provision 
should  be  made  for  them?  If  Congress  commenced  in  this  way, 
where  were  they  to  end  ?  They  would  be  obliged  to  pay  not  only 
the  claimants  in  these  cases,  but  all  claimants  for  Indian  depreda- 
tions in  all  other  cases.  There  would  be  no  end  to  it,  and  the  re- 
sult would  be  the  expenditui-e  of  millions  upon  millions  of  the 
public  money  in  cases  in  which  the  government  had  not  hereto- 
fore felt  bound  to  make  payment. 

Mr.  MASON  remarked  that  the  bill  had  been  considered  with 
some  care,  and  with  a  design  to  prevent,  if  practicable,  the  im- 
positions which  the  committee  have  reason  to  believe  had  heen, 
and  would  continue  to  be  practised  on  the  government  through 
these  claims  from  the  State  of  Florida.  He  had  no  objection  that 
in  accordance  with  the  suggestion  of  the  Senator  from  the  State 
of  Florida,  the  commissioner  .should  have  aulhority  to  determine 
whether  it  was  or  was  not  a  claim  which  ought  to  be  allowed. — 
The  bill  made  provision  that  the  petition  must  be  filed  before  the 
commissioner,  and  the  character  of  the  claim  be  fully  set  forth.— 
The  real  object  of  the  bill  was  to  ohtain  testimony  on  the  spot. 
It  was  insisted  by  the  Senator  from  New  York  that  there  should 
be  some  officer  or  agent,  under  the  authority  of  the  bill,  to  repre- 
sent the  government.  But  he  did  not  see  any  reason  why  the  bill 
should  be  encumbered,  or  the  expenses  increased  by  adding  an 
agent.  He  saw  no  impropriety  in  assigning  to  the  commissioner 
the  duty  of  taking  testimony  on  both  sideg. 

Mr.  UNDERWOOD  remarked  that  the  object  of  the  bill  was 
to  protect  the  interests  of  the  government.  With  reference  to  the 
objection  of  the  Senator  from  Delaware,  in  relation  to  the  taking 
of  testimony  in  cases  where  the  government  did  not  mean  to  pay, 
he  would  remark  that  it  was  impossible  to  say,  without  examina- 
tion, whether  the  case  fell  within  the  description  given  by  the 
Senator  from  Del.iware,  or  not.  Of  course  the  commissioner 
would  bo  vested  with  some  discretion  as  to  the  cases  into  which 
an  examination  was  to  be  instituted.  He  thought  that  the  expe- 
rience of  members  would  satisfy  them  of  the  value  and  propriety 
of  such  an  arrangement  as  the  bill  proposed. 

Mr.  BADGER  concurred  with  the  gentlemen  from  New  York 
and  Delaware  in  their  objections  to  this  bill.  He  contended  that 
there  should  be  in  this,  as  in  all  other  legal  cases,  a  rule  of  rele- 
vancy by  which  the  commissioner  would  be  enabled  to  determine 
whether  the  testimony  offered  was  proper  or  not.  It  was  certain 
thai,  in  the  bill  there  was  either  no  restraint  upon  the  admission  of 
evidence,  or  the  matter  was  left  to  the  discretion  of  the  commis- 
sioner. It  seemed  to  him  then  that  the  objection  was  well  founded, 
and  that  the  bill  ought  to  describe  the  classes  of  cases  in  refer- 
ence to  wliich  the  testimony  was  to  be  taken,  and  that  the  rele- 
vancy of  testiinonv  to  be  taken  by  the  commissioner  should  not  be 
determined  by  the  exercise  of  an  arbitrary  discretion  on  his  part. 
He  had  several  other  objections  to  the  bill,  with  which  he  would 
not  now  trouble  the  Senate.  He  was  glad  to  find  the  highly  re- 
spectable Committees  of  Claims,  in  both  houses,  engaged  in  de- 
vising some  general  system  by  which  these  claims  npon  the  go- 
vernment  should  receive  a  full  and  satisfactory  examination  and 
settlement.     He  asked  for.the  yeas  and  nays  upon  the  question. 

Mr.  WESTCOTT  remaiked  that  if  the  Senator  from  North 
Carolina  had  examined  the  bill  attentively  he  would  have  seen  that 
there  was  no  ground  for  his  objection.  In  the  first  place  he  had 
mistaken  the  object  of  the  bill.  The  commissioner  was  not  to  act 
as  judge  except  with  regard  to  relevancy  of  testimony. 

Mr.  BADGER  remarked  that  the  bill  expressly  declared  that 
the  cqmmissioner  should  give  a  written  opinion  on  the  merits  of 
the  case.  • 

Mr.  WESTCOTT  reminded  the  Senator,  that  in  order  to  ob- 
viate the  objection  of  the  Senator  from  Connecticut,  that  very  Mn- 
tence  had  been  stricken  out.    , 

Mr.  BADGER  asked  if  the  decision  on  th«  rel»Tanoy  of  te«ti' 
tuony  was  not  a  judicial  decision  1 

30t«  Coho.-.1»x  Sbmion— No.  96. 


Mr.  WESTCOTT  replied  that  the  commissioner  merely  ocou- 
pied  the  position  of  an  arbitrator  between  the  parties.  The  de- 
cision was  to  be  left  to  Congress. 

On  motion  of  Mr.  BRIGHT,  it  was 

Ordered,  That  tho  farther  consideration  of  th«  bill  bs  poitponed 
until  to-morrow. 

THE    ORIGON  BILL. 

Mr.  BRIGHT  moved  that  tho  prior  orders  bo  postponed  for  the 
purpose  of  proceeding  to  the  consideration  of  tho  bill  to  establish 
the  territorial  government  of  Oregon. 

Mr.  BRIGHT  demanded  the  yeas  and  nays  on  his  motion, 
which  were  ordered  ;  and  it  was  determined  in  the  affirmative  as 
follows : 

YEAS. — Mossn  Allen,  Atchison,  Atherton,  Benton,  Borland,  Bnuibnry,  Breeitr, 
Briglil.  Davis,  of  Mississippi,  Dicliinson,  Dix.  Downs,  Feloli,  Fitzgeratil,  Foolc. 
Hale,  Hamlin,  Hannegiin,  Houston,  Hunter,  Lewis,  Mason,  Niles,  Rutic,  Sebastiau, 
Sturgeon,  and  Turnev — 'i7. 

NAYS.— Messrs.  liadser,  Baldwin,  Bell,  Berrien,  Butler,  Clarke,  Clayton,  Cor- 
wm,  Davis,  ot'  Majsaohusetts,  Greene,  Johnson  of  Md..  Johnson,  of  La.,  Miller, 
Phelps.  Sprunnce,  Underwood,  Upliani,  and  Westcott— 18. 

The  Senate  then  resumed,  as  in  Committee  of  the  Whole,  the 
consideration  of  the  bill  to  establish  the  territorial  government  of 
Oregon. 

Mr.  BUTLER  hoped  that  the  gentleman  from  North  Carolina 
would  e.xeiise  him  from  any  want  of  courtesy  in  moving,  yester- 
day, an  adjournment  whilo  he  had  tho  floor.  His  expectation 
when  he  did  so  was,  that  ho  would  be  allowed  by  the  Senate  to 
resume  his  remarks  to-day. 

Mr.  MANGUM  said  that  it  was  wholly  immaterial  whether  he 
spoke  that  day  or  another.  Any  one  who  was  acquainted  with 
the  Senator  from  South  Carolina  knew  that  he  was  the  last  one 
that  could  be  charged  with  want  of  courtesy. 

Mr.  WESTCOTT  stated  that  he  was  as  much  in  favor  of  ta- 
king up  the  Oregon  territorial  bill  as  any  one,  but  it  was  because 
the  Senator  from  North  Carolina  was  entitled  as  a  matter  of  cour- 
tesy, if  not  of  right,  to  the  floor  this  morning,  that  he  voted 
against  its  being  taken  up. 

Mr.  BRIGHT  observed  that  at  the  time  he  m"ade  the  motioa 
he  had  not  the  Senator's  position  in  mind.  He  was  asked  the  day 
before  to  yield  the  floor  a  few  moments,  and  the  result  was  a  de- 
bate which  consumed  the  entire  day. 

Mr.  MANGUM  was  perfectly  content  v\'ith  the  decision  of  tho 
Senate. 

Mr.  YULEE  would  call  the  attention  of  the  Senate  before  the 
debate  on  the  bill  was  proceeded  with,  to  a  section  which  might 
require  some  alteration  unless  it  contained  then  what  was  de- 
signed by  the  committee.  He  found  by  the  first  section  of  the  bill 
it  was  proposed  to  cover  the  whole  of  our  possessions  west  of  the 
Rocky  Mountains,  so  that  it  woidd  include  California  and  all  the 
rest  of  the  country  under  the  title  of  Oregon.  Ha  would  call  the 
attention  of  the  Senate  particularly  to  that  fact. 

Mr.  BRIGHT  said  he  had  stated,  when  this  bill  was  before  the 
Senate  the  other  day,  that  the  chairman  of  the  Committee  on 
Territories  was  absent;  and  that  the  portion  of  the  committee  left 
did  not  exactly  understand  each  other  with  reference  to  the  bill  at 
the  time  it  was  reported.  The  Senator  from  South  Carolina  had 
stated  that  he  did  not  understand  the  12th  section  of  the  bill  or  he 
should  not  have  consented  to  the  report.  The  Senator  from  Flo- 
rida  does  not  understand  tho  first  section.  He  hoped  the  bill 
would  be  passed  as  it  was  read,  without  any  alteration.  The 
question  then  before  the  Senate  was  upon  the  amendment  oflered 
by  the  Senator  from  Mississippi. 

Mr.  HANNEGAN  remarked  that  the  territory  was  north  of 
the  parallel  of  42°. 

The  PRESIDING  OFFICER  stated  that  the  amendment 
pending  was  the  one  offered  by  the  Senator  from  Mississippi,  ia 
the  following  words  : 

Atlcr  the  word  "inliabilaots"  insert  the  followinf— "but  shall  not  basubjactlv 
the  restriction  expressed  in  the8i.ttli  article  of  the  compact  contained  in  the  ordinance 
ol  seventepn  hundred  and  eiehty-seven,  for  the  sovernraenl  of  tho  teriiturr  of  the 
United  Slates  northwest  of  the  river  Ohio."" 

Mr.  DIX  suggested  that  that  was  offered  as  an  amendment  to 
the  amendment  of  the  Senator  from  Georgia. 

■  Mr.  FOOTE  regarded  it  as  an  amendment  of  the  12th  section. 
It  was  a  proposition  emanating  from  the  Senator  from  North 
Carolina,  and  accepted  by  him- as  a  substitute  for  the  amendment 
which  he  had  originally  made. 

Mr.  BERRIEN  explained  that  his  motion  was  to  strike  out  the 
12th  section.  The  motion,  as  he  nnderstood  it  then  before  the 
Senate,  was  the  amendment  offered  by  the  Senator  from  Missis- 
sippi, and  as  soon  as  that  was  disposed  of  then  came  up  his  mo- 
tion to  strike  out  the  whole  section. 

Mr.  BRIGHT  would  state  the  question  as  he  understood  it. — 
The  Senator  from  Georgia  made  a  motion  to  strike  out  the  12th 
section.  The  Senator  from  Mississippi  moved  an  amendment, 
and  accepted  as  a  substitute  the  amendment  offered  by  the  Sene- 
tor  from  North  Carolina,    The  vote  was  first  to  b«  teiken  od  the 


762 


THE  OREGON  BILL. 


(Friday, 


amendment,  and  after  that  upon  the  motion  of  the  Senator  from 
Georgia  to  strike  out. 

Mr.  DAVIS,  of  Mississippi. — I  do  not  see  what  value  can  be 
attached  to  the  amendment  which  is  proposed.  It  is  merely  in- 
troduced, it  seems  to  mo,  to  declare  a  thinp;  not  to  be  here  which 
nobody  ever  supposed  would  be  here.  Nothing  can  be  more  ap- 
parent from  the  history  of  the  case,  than  that  the  ordinance  of 
•"87  has  nothing  to  do  with  it.  The  ordinance  of  '87  is  confined  to 
the  territory  northwest  of  the  Ohio  river.  The  exclusion  of  .slavery 
in  Iowa  was  the  result  of  the  Missouri  compromise.  The  or- 
ganic laws  of  Iowa  have  no  reference  to  the  ordinance  of  "87, 
therefore  that  ordinance  has  no  application  here. 

Mr.  BADGER.— As  I  suggested  the  amendment  accepted  by 
the  Senator  from  Mississippi  as  a  .substitute  for  his,  it  is,  perhaps, 
proper  for  me  to  state,  notwithstanding  the  adverse  opinion  of  his 
colleague,  that  that  proviso  has  some  meaning  in  it.  He  says 
that  the  restrictions  of  the  ordinance  of  '87  cannot  apply  to  the 
territory  of  Oregon.  Now,  if  tlic  introductory  words  of  the 
twelfth  section  were  stricken  out  there  would  be  no  necessity 
for  the  introduction  of  the  pending  amendment.  But  the  case 
arises  in  this  way.  The  introductory  words  of  tliat  section  confer 
upon  the  inhabitants  of  the  Territory  of  Oregon  all  the  rights, 
privileoes  and  immunities  of  the  inhabitants  of  another  territory. 
Upon  looking  back  into  the  provisions  contained  in  the  la.ws  of 
"another  ten^ory,"  we  find  they  confer  all  the  rights,  privileges 
and  immunities  given  in  the  laws  passed  by  another  territory. — 
Then,  by  recurring  to  them  we  find  that  the  laws  of  "another 
territory"  put  in  force  the  restrictions  contained  in  the  6tli  article 
of  the  ordinance  of  '87.  Now,  I  agree  with  the  Senator  from 
Mississippi,  who  has  just  taken  his  seat,  that  the  words  contained 
in  the  section  as  it  stands,  do  not  put  in  force  the  restrictions  con- 
tained in  the  ordinance  of  '87.  But  this  amendment  excludes  any 
conclusion  that  might  be  made  that  tliose  genera!  words  conld 
have  been  intended  to  embrace  the  restrictions  contained  in  the 
ordinance  of  '87.  It  will  leave  this  12th  section  in  its  certain 
effect  and  operation  beyond  dispute  or  controversy,  just  as  if  tlie 
present  introductory  clause  of  that  section  were  stricken  out;  and 
it  will  guard  against  any  conclusion  being  drawn  from  the  intro- 
ductory words  of  the  section;  which  words,  though  not  directly 
referring  to  the  ordinance  of  '87,  yet,  upon  tracing  back  and  look- 
ing into  the  laws  of  the  territories  referred  to,  one  after  another, 
as  I  before  said,  will  be  found  to  bo  the  result  of  the  rights,  privi- 
leges and  immunities  conferred  by  the  ordinance  of  '37. 

Mr.  DAVIS,  of  Mississippi. — I  would  ask  if  it  was  the  purpose 
of  the  Senator  from  North  Carolina  to  conclude  this  (lucstioii, 
why  he  did  not  at  once  declare  that  the  inhibition  against  slavery, 
as  in  Iowa,  was  not  extended  to  Oregon  '. 

Mr.  BADGER. — There  are  different  ways  of  doing  the  same 
thing. 

Mr.  JOHNSON,  of  Maryland. — I  was  not  here  when  this  bill 
was  before  the  Senate,  and  perhaps  I  have  put  an  improper  mean- 
ing on  the  amendment  of  the  Senator  from  North  Carolina,  who 
has  just  spoken.  I  rise  merely  to  state  wliat  I  consider  to  be  the 
true  interpretation  of  tho  bill  as  it  originally  stood,  and  of  the 
amendment  proposed  by  the  Senator  from  North  Carolina.  I  think 
I  cannot  bo  mistaken,  looking  at  tho  12th  section  of  the  bill  as  it 
came  from  the  committee,  that  slavery  in  the  territory  referred  to 
will  be  excluded  by  it,  because  it  is  now  excluded  in  the  territory 
of  Iowa.  Slavery  is  now  excluded  by  a  provision  of  the  provisional 
government  of  Oregon.  Tho  12th  section  defines  tho  position  in 
which  tlio  territory  of  Oregon  is  to  stand  : 

"Tliftt  the  inhabitants  of  tlie said  territory  sliall  he  entitled  to  a)l  tlie  riglits,  privi- 
leges and  imiiiunilieH  heretofore  grnnled  anil  Becnred  to  the  territory  ol"  Iowa  and  to 
Its  inhabitants." 

That  means  precisely  the  same  thing  as  if  you  were  to  add  the 
words,  "and  no  others."  They  have  no  rights,  privileges  or  im- 
munities, except  those  wo  are  about  to  grant.  Their  whole  ex- 
istence will  depend  upon  our  grant;  and  if  we  tell  them  they  shall 
have  no  rights,  privileges  or  immunities  other  than  those  given  to 
the  territory  of  Iowa — as  the  inhabitants  of  tho  territory  of  Iowa 
have  110  right  to  establish  slavery — then  we  inhibit  to  the  inhabit- 
ants of  Oregon  the  establishment  of  slavery  therein,  whether  they 
desire  it  or  not.  That  is  not  all.  Wo  are  about  to  say  by  enact- 
ment that  the  provisional  government  of  Oregon  is  the  legitimate 
body  to  establish  or  abolish  slavery  within  its  limits.  Do  we  not 
say  by  this  12th  section  that  the  provision  they  maile  is  all  right  ? 
Do  we  not  concur  with  tho  people  of  Oregon  in  tho  opinion  that 
slavery  shall  not  prevail  within  her  limits  when  wo  say — 

— "and  tlie  existing'  laws  now  in  force  in  the  Territory  of  Orti^-on.  under  the  autiiority 
of  the  provisjoiinl  governnicnteslahlishcd  by  the  puo|ile  thereof,  >>\iaX\  eon'.inne  to  be 
valid  and  ojierativo  therein,  so  far  us  tho  same  he  not  incoinimtihlc  wiUi  the  provi- 
sions of  this  ael.'* 

If  by  the  laws  of  Oregon  slavery  has  been  excluded  there  by  this 
section,  you  aro  about  to  say  that  that  exclusion  is  right.  But 
you  go  a  step  further,  and  say  that  that  exclusion  shall  be  per- 
manent until  put  an  end  to  by  the  people  of  Oregon  who  are  there 
now.  Citizens  of  tho  South  may  tlesiro  to  go  there  with  their 
slaves,  but  cannot,  for  two  reasons,  if  you  pass  tho  bill  in  the  form 
in  wliich  it  now  stands.  First,  they  cannot  go,  because  the  rights, 
privileges,  and  immunities  granted  to  Oregon  are  the  same  as  those 
graiited  to  Iowa,  and  they  cannot  go  into  Iowa.  Secondly,  the 
moment  you  cross  tho  threshold  of  that  territory  with  one  ot  your 
aUv«i)  that  luouient  lio  becomes  free  by  virtue  of  tbe  local  laws  of 


Oregon,  which  you  are  now  about  to  pass.  If  you  pass  the  law 
as  it  now  stands  slavery  will  be  just  as  forcibly  prohibited  in  the 
Territory  of  Oregon  as  if  you  were  to  attach  to  this  bill  the  Wil- 
mot  proviso. 

But  even  if  it  was  doubtful — which  I  maintain  it  is  not — whether 
slavery  will  be  inhibited  in  the  Territory  of  Oregon  by  the  passage 
of  this  bill,  I  contend  that  it  will  be  made  certain  by  tho  accept- 
ance of  the  amendment  flf  the  Senator  from  North  Carolina. — 
What  is  it,  sir  ?  It  does  not  propose  to  alter  a  single  word  in  the 
provision  of  the  12th  section,  but  leaves  it  as  it  came  from  ths 
committee.     Let  us  see  how  it  reads  : 

After  the  word  "inhabitantR"  insert  the  following — *'but  shall  not  be  subject  to  lire 
restriction  expressed  in  the  sixth  article  of  the  compact  contained  in  the  orainaQC«  of 
.seventeen  htindred  and  eiqhty-seven.  for  the  government  of  the  territory  of  tho  United 
States  northwest  of  the  river  Ohio." 

Now,  sir,  what  is  tho  effect  of  this  proposed  amendment  ?  By 
the  6th  article  of  the  ordinance  of '87,  slavery  is  prohibited  in  the 
territory  of  Iowa  ;  and  by  the  restrictions  of  the  6ih  article,  slave- 
ry is  prohibited  within  certain  sections  of  territory  and  is  allowed 
by  not  being  prohibited  in  certain  other  sections.  What  is  to  be 
effected  by  "this  amendment  ?  Is  it  to  allow  slavery?  If  it  is,  it  is  in- 
consistent with  the  bill.  Is  it  to  iiroliibit  slavery?  If  it  is,  it  is  prohib- 
ited in  tlie  bill.  Is  it  to  leave  the  bill  as  it  stands  ?  It  is  even  so. 
In  effect  it  leaves  the  bill  precisely  where  it  was  before.  There 
is  one  of  three  consequences  necessarily  resulting  from  this  amend- 
ment. It  either  authorizes  slavery,  or  prohibits  slavery,  or  does 
nothing.  Now.  sir,  is  there  any  thing  in  the  fith  article  of  the 
ortlinanco  of  '87,  which  authorizes  slavery  in  the  terrilory  of  lowat 
Is  there  any  thing  in  that  article  which  prohibits  slavery  in  Iowa? 
No,  sir.  Why.  then,  incorporate  it  ?  Is  it  intended  to  say,  by  re- 
ferring to  these  provisions  of  the  ordinance  of  '87,  that  we  mean  as 
far  as  Congress  is  [;oncorned  to  authorize  the  people  of  the  country 
to  establish  or  prohibit  slavery  ?  That  is  not  its  purpose.  It  has 
no  object. , 

Do  you  seek,  Senators  from  the  North,  to  prohibit  slavery  at  all 
times  in  new  territory  ?  Do  you,  Senators  from  the  South,  say 
that  such  a  provision  is  right  ?  Let  us  know  it,  and  see  the  plat, 
form  upon  which  you  stand.  Sir,  the  case  is  clear.  Pass  the  bill 
as  it  stands,  and  slavery  will  never  be  allowed  within  the  territory 
of  Oregon.  Let  the  people  know  the  true  design  of  this  bill.  Do 
not  pass  a  bill  cottchcd  in  such  phraseology  that  it  will  remain  at 
least  a  matter  of  doubt,  whether  it  is  its  purpose  to  exclude  or  es- 
tablish slavery.  I  wish  the  Senators  from  tho  South  to  bo  aware 
of  the  fact,  that  if  they  pass  this  12th  section  either  with  or  with- 
out the  amendment,  slavery  is  just  as  effectually  prohibited  in  the 
territory  of  Oregon  as  if  they  attached  to  the  bill  what  is  called 
the  Wiimot  proviso. 

Mr.  FOOTE.— As  my  object  in  accepting  the  amendment  of 
the  Senator  from  North  Carolina  was  simply  to  nulliiy  the  odious 
feature  of  the  12th  seraion,  I  will  state  that  in  conformity  with 
the  suggestions  of  several  Senators,  the  amendment  will  be  with- 
drawn. 

Mr.  BADGER. — I  will  consent  cheerfully  to  the  withdrawal  of 
my  amendment  after  I  have  said  a  word  or  two  in  explanation  of 
it.  My  friend  Irom  Maryland  stated  wlicn  he  began,  that  he  was 
not  here  when  tho  bill  was  before  discussed,  and  therefore,  left  us 
to  infer  that  he  was  not  very  well  acquainted  with  the  particular 
provision,  and  what  the  effect  and  bearing  of  the  12th  section.  If 
my  friend  had  not  stated  this  fact,  ho  will  allow  me  with  all  good 
feeling  and  respect  to  observe,  that  his  observations  made  on  the 
subject  of  the  amendment  would  have  sufficiently  manifested  it 
He  says  this  amendment  has  one  of  three  effects,  it  either  author- 
izes slavery,  or  prohibits  it,  or  docs  nothing.  This  statement,  com- 
ing from  a  gentleman  so  singularly  accurate  in  his  phraseology, 
appears  to  me  to  be  a  remarkable  one.  He  says  the  effect  of  this 
amendment  will  be  to  prohibit  slavery  in  the  territory,  that  it  will 
rather  have  that  effeet  or  none  at  alU  He  bases  his  argument 
upon  this — that  the  section  gives  to  the  inhabitants  of  the  territo- 
ry the  same  rights,  privileges,  and  immunities,  which  were  pos- 
ses.sed  by  the  people  of  the' territory  of  Iowa,  and  as  slavery  was 
prohibited  in  Iowa,  it  followed  that  slavery  would  also  be  prohib- 
ited in  the  territory  now  proposed  to  be  established.  Now,  sir,  I 
do  not  deem  the conehisiou  drawn  by  my  friend,  a  correct  one.  Sir. 
if  we  moan  to  extend  a  perpetual  prohibition  of  slavery  over  this 
territory,  tho  amendment  of  course  would  have  no  effect,  but  if  W9 
do  not,  the  amendment  is  absolutely  necessary.  The  purpose  of 
this  statute  is  to  confer  upon  the  people  of  Oregon,  tho  rights, 
privileges,  and  immunities,  already  conferred  by  a  statute.ol  thu 
United  States  upon  tho  people  of  Iowa.  What  they  are  we  learn 
by  referring  to  the  statute.     It  provides, 

"  That  tho  inhnl>itants  of  the  said  territory  shall  beentitled  to  all  the  rights,  privi 
leges,  and  inimiiliities  liereloforc  granted  and  secured  to  the  Territory  of  Iowa  and  la 
its  inhabitants." 

When  we  come  to  read  this  statute  in  the  laws  of  Iowa,  making 
reference  to  tho  rights,  f«!.,  of  the  people  of  Iowa,  we  find  that 
we  are  just  as  far  from  understanding  upon  the  face  of  it  what  is 
the  subject  matter  of  the  declaratory  enactment,  as  we  were  be- 
fore. Wc  are,  therefore,  under  the  absolute  necessity  of  turning 
back,  and  referring  to  tho  statute  containing  an  explanation  of  the 
rights,  &c.,  of  the  people  of  Wisconsin,  to  which  the  statute  in 
the  laws  of  lowu  on  this  subject  refers.  Upon  referring  to  it 
we  fmdj 


June  23.] 


THE  OREGON  BILL, 


763 


"  That  the  inhabitauts  of  b&kI  territory  shall  be  entitltil  to  all  and  tinpiIaT  the 
rrghts.  privileges,  and  immanitie?  ffranted  and  secured  to  the  peojile  ol'ihe  tt'rriloiir  ot* 
the  I'nited  States  nonh-westof  the  river  Ohio,  by  the  articles  oi  the  comjiact  in  the 
ordinance  for  the  government  ol'ihe  said  territory,  parsed  13lh  Jul}-,  1767," 

Hence,  the  provision  of  this  bill  is  to  confer  upon  the  inhabitants 
of  Oregon  the  rights,  privileges,  and  immtinities  conferred  upon 
the  people  of  Iowa.  But  as  the  statute  confers  no  particular  pri- 
vileges upon  the  people  of  Iowa,  only  the  same  as  conferred  upon 
the  people  of  VViscon.sin,  we  have  to  look  back  into  the  luws  of 
Wisconsin  in  order  to  ascertain  what  are  the  privilei;es  referred  to. 
There  are,  then,  no  privileges  conferred,  no  riffhts  granted  or  al- 
lowed, except  those  specified  in  the  articles  of  compact  in  the  or- 
dinance of  -87.  The  question,  then,  naturally  presents  itself,  in- 
asmuch as  the  territory  of  Wisconsin  is  subject  to  the  whole  of  the 
articles  of  compact  contained  in  the  ordinance  of  '87,  including  re- 
strictions as  well  as  grants,  is  it  the  intention  of  these  general 
words  contained  in  this  12th  section  to  put  in  force  in  the  territory 
of  Oregon  the  restriction  of  that  ordinance,  as  well  as  the  grants  ? 
It  seems  to  mo  that  it  is  not  at  all  out  of  place,  if  we  do  not  mean 
to  put  the  restrictions  in  force,  r.i  say  so.  Now,  I  am  satisfied, 
according  to  my  interpretation  of  the  matter,  that  granting  to  these 
inhabitants  of  Oregon  the  rights,  &c.,  specified,  does  not  put  in 
force  the  restrictions  enumerated.  I  was  content  with  the  12th 
section  as  it  stood,  but  inasmuch  as  I  learned  from  gentlemen  con- 
versant with  this  subject,  who  entertain  rather  diil'erent  opinions 
as  to  the  general  merits  of  the  question,  that  they  were  not  will- 
ing to  admit  that  the  words  of  the  clause,  as  they  stood,  did  not 
put  the  restrictions  in  force  ;  therefore,  that  there  should  be  no 
misunderstanding  on  the  subject,  I  wished  to  say  upon  the  face  of 
the  bill  that  it  was  not  intended  to  put  the  restrictions  in  force. — 
Suppose  that,  instead  of  this  general  reference,  the  words  of  the 
statute  should  read —  ' 

"That  theinhabitanuof  the  said  territory  of  OreRon  shall  he  cutillcd  to  enjoy  all 
and  singular  the  rights.  priTilepes,  and  immunities  granted  and  secured  to  llie  {leople 
of  the  territory  of  the  United  Slates  nor'h-weat  of  the  river  Ohio,  hi  the  articles  of  the 
noinpaet  contained  in  the  ordinance  of  I3th  July,  1787,  but  shall  not  be  subject  to  the 
reslrictittns  cuntntrtedin  the  Glh articled 

Would  not  its  meaning  be  clear  and  intelligible?  And  what 
this  enactment  would  do  in  the  way  I  have  supposed  it  should  read, 
is  just  as  effectually  done  by  the  amendment.  In  order  to  make 
the  question  clear  and  indisputable,  I  proposed  the  insertion  of  ray 
amendment.  If  by  any  interpretation  of  this  law  the  prohibition 
contained  in  the  ordinance  of  '87  is  applied  to  and  made  binding  on 
the  inhabitants  of  that  territory,  then  you  preclude  those  inhabi- 
tants from  any  control  whatever  over  the  subject.  Even  if  it  was 
their  unanimous  opinion  that  no  prohibition  can  bo  put  upon  the  in- 
troduction of  slavery,  they  could  not  alter  the  restrictions,  because 
nf  a  fundamental  enactment  put  in  force  there  beyond  their  control. 
Whereas,  regarding  the  restrictions  of  the  ordinance  of 'S7  in  their 
application  to  this  territory  but  as  a  dead  letter,  then  the  allow- 
ance or  disallowance  of  slavery  in  this  territory  must  depend  upon 
something  else  besides  the  ordinance.  What  docs  it  depend  upon  ? 
It  depends  upon  the  territorial  legislation  of  the  whole  of  the  peo- 
ple of  Oregon  now  living  there  ;  and  that  is  just  exactly  where  I 
want  to  place  it.  As  I  have  already  said,  I  believe  Congress  has 
absolute  control  over  this  whole  subject.  I  do  not  consider  that 
territories  have  any  jurisdiction  over  the  question  of  slavery,  ex- 
cept as  Congress  confers  it  upon  them  by  giving  them  legislative 
power  to  act  upon  it.  Congress  has  a  right  to  pass  any  law  it 
pleases  in  regard  to  the  government  of  territories.  But  the  power 
and  the  expediency  of  passing  them  are  two  very  different  things. 
In  my  view  they  should  be  left  to  the  legislation  of  the  territory 
itself.  It  is  more  in  accordance  with  the  genius  of  our  institutions 
and  the  habits  of  our  people  to  permit  those  persons  who  inhabit 
a  territory  to  draw  up  their  own  laws,  rather  than  to  impose  laws 
upon  them.  It  is  said  by  the  honorable  Senator  from  Maryland, 
that  inasmuch  as  -we  give  effect  to  the  laws  already  passed  by  that 
territory,  until  they  shall  otherwise  be  altered  by  territorial  legis- 
lation, slavery  cannot,  in  point  of  fact,  be  admitted  there.  Pro- 
bably  it  never  will.  I  know  that  the  people  do  not  want  it,  and  I 
have  not  the  slightest  disposition  to  ptit  it  upon  them. 

The  Senator  from  Florida  stales  that  among  the  laws  there  is 
another  monstrous  proposition — that  they  have  actually  prohibited 
the  introduction  into  the  territory  of  any  ardent  spirits,  declaring 
that  it  should  be  seized.  What  disposition  they  propose  to  make 
of  it,  whether  to  destroy  it  or  not  I  do  not  know,  at  all  events  the 
right  to  such  property  the  moment  it  enters  their  territory  be- 
comes null  and  void.  Wow  my  opinion  is  that  such  a  provision 
would  be  a  very  unwise  one,  and  that  it  is  a  clear  innovation  of  the 
rights  of  property  ;  for  it  matters  not  wliother  a  man  enters  the 
territory  with  a  cask  of  old  French  brandy  or  a  negro  slave,  if 
.  he  crosses  the  territorial  line  he  loses  all  right  of  property  in  the 
first  species  of  property  mentioned.  There  maybe  more  or  less 
of  wisdom  or  folly  in  such  restrictions,  but  they  arc  rogidarly  en- 
grafted portions  of  their  civil  municipal  regulations,  tho  same  as 
the  regulations  of  any  other  country.  Now  the  regulation  of  sla- 
very which  exists  in  consequence  of  positive  law,  for  I  believe  it 
does  not  exist  in  nature,  the  same  as  this  subject  of  temperance,  in 
my  opinion  should  be  left  entirely  with  the  people  of  the  territory. 
We  have  the  absolute  right  to  take  their  regulation  out  of  their 
hands  if  we  please  ;  but  for  one  I  should  not  feci  discontented  if 
the  people  of  Oregon  should  prevent  mo  from  going  into  their  ter- 
ritory with  any  articles  of  property,  be  it  a  slave  or  ardent  spirits. 
As  I  have  said  before  the  ordinance  of  '87  exists  not  in  relation  to 
the  territory  of  Oregon  ;  if  slavery  be  prohibited  there  the  prohi- 
bition must  be  traced  to  some  other  source.     But  I  am  willing  to 


leave  this  subject  to  be  I«gitlated  upon  by  the  inhabitauts  of  Ore- 
gon  as  they  choose.  I  am  willing  to  give  validity  to  all  their 
laws.  I  see  no  reason  why  we  should  except  the  law  relating  to 
slavery  more  than  any  other.  If  they  choose  to  make  laws  prohi- 
biting slaveholders  or  spirit  dealers  removing  there,  let^it  be  so. 
Let  them  regulate  their  own  affairs.  If  the  amendment  is  with- 
drawn I  shall  move  to  strikeout  the  introductory  words  of  Iho 
12th  section. 

The  amendment  was  hero  withdrawn . 

Mr.  BERRIEN. — I  submitted  tho  motion  to  strike  out  the  12th 
section  of  this  bill,  not  for  the  purpose  of  provoking  the  discus- 
sion.which  has  followed  ;  and  I  also  abstaincii  at  the  tfmo  I  made  it 
from  offering  any  suggestions  in  favor  of  it.  My  purpose  was  to 
have  a  distinct  vote  upon  the  question  which  was  presented  by  that 
section,  whether  you  mean  to  exercise  the  legislative  authority  of 
this  government  to  inhibit  slavery  in  the  territories  of  tho  Union  ? 
I  am  glad  that  the  Senator  from  Mississippi  and  the  Senator  from 
North  Carolina  have  unitedly  withdrawn  the  amendment  which 
they  proposed,  which  amendment  I  consider  with  all  due  respect 
to  the  gentleman  from  North  Carolina  as  perfectly  nugatory — as  a 
mere  waste  paper.  I  desire  to  see  this  question  presented  to  the 
American  Senate  for  their  consideration  unembarrassed  by  any 
amendment  which  might  veil  from  the  public  view  the  real  ques- 
tion at  issue.  I  believe  it  is  tho  first  time  in  the  history  of  our  le- 
gislation that  tho  grant  of  such  rights,  privileges,  and  immunities, 
as  had  been  already  granted  to  another  territory,  included  an  im- 
position of  restrictions  binding  upon  that  other  territory,  so  as  to 
render  it  necessary  to  get  rid  of  those  restrictions  by  a  special  act. 
Now  if  the  enactment  of  the  12th  section  provided  that  the  laws 
formed  by  the  inhabitants  of  Oregon  should  be  subjected  to  the 
provisions  of  the  law  establishing  tho  territory  of  Iowa — if  by  any 
general  expression  the  whole  provision  of  law  incorporating  the 
territory  of  Iowa  had  been  inserted  in  this  bill — then  its  result 
would  be,  that  the  burdens  and  disabilities  as  well  as  the  grants 
and  privileges  would  have  been  included  in  such  an  enactment.  If 
the  amendment  could  have  any  effect  at  all,  how  could  it  be  re- 
conciled with  the  subsequent  provisions  of  the  same  section  that 
the  laws  of  the  provisional  government  shall  continue  in  force  until 
altered  by  the  legislature  ?  Every  one  can  perceive  that  the  laws 
of  the  provisional  government  are  a  nullity ,'and  have  no  force  or 
validitj'  except  as  you  give  it  to  them.  These  laws  were  sup- 
posed to  have  a  certain  degree  of  force,  from  tho  fact  that  there 
was  a  body  of  American  citizens  within  that  territory,  permitted 
to  go  there  by  federal  authority,  and  yet  not  protected  by  federal 
legislation.  Out  of  such  a  state  of  things  it  was  supposed  arose 
a  iieoessity  which  entitled  these  to  form  a  government  for  them- 
selves. Now  the  answer  to  this  case  of  supposed  necessity  is  this. 
If,  ex  necessitate,  these  people  were  invested  with  powers  to  form 
a  government  to  regulate  each  other,  the  necessity  in  which  the 
authority  originated  must  limit  tho  exercise  of  tho  power.  There 
was  no  necessity  for  tho  extension  of  that  assumed  authority 
which  could  authorize  them  to  say,  who  hereafter  should  come 
into  their  territory.  The  idea  is  not  to  be  tolerated  for  a  mo- 
ment, that  the  first  settlers  in  this  region  of  country  should  get 
together,  form  a.  pro\'isional  government,  and  say  to  the  citizens 
of'the  United  States,  .scattered  throughout  the  Union,  to  whom 
the  country  belonged,  that  nobody  should  come  there  except  such 
persons  as  they  shall  specify.  That  is  a  proposition  too  monstrous 
to  be  thought  of  for  a  moment,  yet  it  is  but  little  short  of  it  to 
maintain  the  proposition  I  hear  maintained  upon  this  floor,  and 
which  is  maintained  elsewhere,  that  you  can  delegate  by  any  act 
of  authority  that  can  be  exercised  by  this  government  to  these  few 
straggling  settlers  the  right  to  say  who  among  the  citizens  of  the 
Unifed  States  shall  or  shall  not  be  permitted  to  enter  their  terri- 
tory. I  consider  that  the  political  heresy  in  the  one  case  is  equi- 
valent to  the  other,  except  that  in  the  latter  case  we  shall  hav« 
permitted  ourselves  to  delegate  a  power  which  we  do  not  possess. 

I  regret  exceedingly  the  course  this  debate  has  taken;  but  gon- 
tlemeii  having  seen  fit  to  discuss  it  in  a  manner  which  imposes 
upon  one,  situated  as  I  am,  and  standing  in  the  relation  that  I  do 
to  a  certain  portion  of  the  people  of  the  Union,  the  duty  to  ad- 
vance respeetfally  yet  faithfully,  the  sentiments  which  they  feel, 
and  to  maintain  the  rights  which  they  hold  sacred,  I  shall  do  my 
whole  duty,  tis  far  as  1  may  bo  able,  to  them  and  to  my  country.  I 
presume  the  question  now  to  bo  taken  is  upon  the  motion  to  strike 
out  the  12th  section,  now  unencumbered  with  any  amendment. 

Mr.  JOHNSON,  of  Maryland.— The  question  before  the  Senate 
is  whether  the  12th  section  shall  stand  or  not.  My  habitual  defer- 
ence to  the  opinions  of  the  Senators  from  North  Carolina  and 
Georgia  would  lead  me  to  doubt  the  convictions  of  my  own  judg- 
ment upon  almost  any  question,  if  I  found  them  to  be  at  variance 
with  that  judgment  ;  but  in  this  case  I  am  really  obliged  to  ad- 
here to  the  original  opinions  formed  when  first  J  saw  the  bill. 
The  question  is  upon  the  true  interpretation  to  be  given  to  the 
12th  section— does  it  extend  to  the  territory  of  Oregon,  the  pro- 
hibition to  be  found  in  the  6th  article  of  the  ordinance  of  '87  ?  I 
hold  that  it  does.  The  gentlemen  from  North  Carolina  and  Geor- 
gia say  that  as  the  bill  stands  the  restrictions  of  the  6th  article  of 
The  ordinance  of  '87,  will  not  apply  to  the  territory  of  Oregon.  I 
go  in  directly  for  the  opposite  conclusion.  My  friend  from  North 
Carolina— as  he  had  a  right  to  do — contented  himself  with  ex- 
pressing the  naked  opinion.  The  Senator  from  Georgia  stated 
that  it  was  the  first  time  he  had  heard  it  maintained  that  a 
grtmt  of  rights,  privileges,  and  immunities  involved  a  prohibition 


7«4 


THE  OREGON  BILL. 


[Friday, 


or  restriction.  Whether,  as  a  gensrfcl  nile  of  interpretation,  the 
prohibition  is  not  right,  it  is  not  necessary  at  present  for  me  to 
sftV,  though  if  it  l)e  lilte  all  other  general  rules,  it  is  liable  to  ex- 
ceptions. Now,  I  propose  in  a  word  or  two  to  state  why,  if  it  be 
the  rule,  it  does  not  apply  to  the  case  before  the  Senate.  The  ter- 
ritory for  which  wo  are  here  about  to  legislate  is  now  without  the 
aid  of  any  legislation  by  Congress.  It  has  no  constitutional  right 
in  the  sense  in  which  the  several  States  have  these  rijfhts,  as  yet._ 
They  are  entitled,  in  this  territorial  condition,  to  the  benefit  ot 
some  of  the  provisions  of  the  constitution  for  the  protection  ol  indi 
vidual  liberty  and  the  rights  of  property;  but  as  far  as  privileges 
flowing  out  of  legislation,  or  the  rights  of  legislation,  are  con- 
cerned, they  are  utterly  destitute  of  them.  We  are  now  nbonl  to 
grant  them;  and  the  question  is  how  shall  we  grant  them?  The 
proposition  is  not  to  grant  them  all  the  rights,  privileges,  and  im- 
munities now  possessed  by  any  one  portion  of  the  people  of  the 
United  States,  but  to  grant  them  rights,  privileges,  and  immuni- 
ties in  qualified  terms.  And  how  qualified?  The  bill  says  we 
give  them — 

"  All  the  nghli.  pnvilcgoi,  and  immunities  lioielofoie  giiiired  .ind  leciired  to  the 
Territory  of  town  nnil  loili  inhabitants." 

What  .are  they  ?  We  find  by  the  12th  section  of  the  territorial 
laws  of  Iowa,  that 

"  The  inhabitanli  of  said  leriitoly  shall  be  entitled  to  all  the  rights,  piivilejet.  ind 
tmmanities  heretofore  granted  and  secared  to  the  territory  of  Wisconsin  and  to  iti  in- 
habitants." 

Not  satisfied  when  we  come  to  legislate  for  Iowa  with  investing 
them  with  all  the  rights,  privileges,  and  immunities  possessed  by 
the  people  of  Wisconsin,  and  leaving  open  to  enactments  whether 
a  grant  of  that  description  shall  be  subject  to  all  the  qualifications 
imposed  upon  the  territory  of  Wisconsin,  Congress  goes  on  to  say 
that 

"  The  inhabitants  of  said  territory  shall  be  entitled  to  all  and  tingolat  the  rights, 
privileges,  and  inimnnilifs  granted  and  secnreil  to  the  people  of  the  teiritory  of  the 
United  State!  northwest  of  the  river  Ohio,  by  the  articles  of  compact  contained  in 
the  ordinance  for  th»  government  of  the  territory,  passed  on  the  13th  of  July,  1787." 

What  are  the  conditions,  restrictions,  and  qualifications  to  be 
found  in  that  compact  T     Here  they  are,  sir  : 

"  There  shall  be  neither  slavery  nor  involuntary  servitude  in  the  said  territory  otlier 
wise  than  in  the  punishment  of  crimes,  whereof  the  parly  shall  have  been  duly 
victed."  ^O"- 

You  are,  then,  about  to  give  to  the  people  of  the  territory  of 
Oreoon  all  the  rights,  &c.  of  the  people  of  tiie  territory  of  Iowa. 
All  the  rights?  What  are  they  ?  Have  they  any  right  to  legis- 
late upon  the  question  of  slavery  ?  No,  sir.  They  have  only  the 
ri"hts  conferred  upon  the  people  of  the  territory  of  Wisconsin. 
And  what  are  they  ?  They  are  the  rights  conferred  by  the  sixth 
article  of  the  ordinance  of  '87.  And  what  are  they  ?  Rights  lim- 
ited and  qualified  ;  not  approving  of  the  right  to  establish  slavery 
northwest  of  the  Ohio  river. 

Thus  you  have  the  result  before  you.  Pass  the  bill  as  it  stands, 
and  the  moment  a  southern  man  with  slave  property  attempts  to 
enter  the  limits  of  Oregon,  that  moment  he  becomes  dispossessed 
of  his  slaves.  A  judge  of  one  of  the  supreme  courts  recently  ex- 
pressed it  as  his  opinion,  that  in  territory  recently  acquired  where 
slavery  did  not  exist  by  the  local  laws,  it  could  not  be  made  to 
exist,  except  by  some  legislative  act  of  Congress.  The  opinion 
was  based  upon  the  ground  that  the  local  law,  no  matter  what  its_ 
origin,  the  moment  it  came  within  the  limits  or  jurisdiction  of 
the  United  States  became  the  law  of  territorial  intercourse  with 
the  United  States  as  eiTectually  as  if  it  had  legitimately  originated 
by  the  power  of  Congress.  Slavery  does  not  exist  ijy  the  laws  of 
New  Mexico,  California,  and  Oregon  ;  and  the  proposition  thus 
laid  down  in  respect  to  these  territories  is,  that  slavery  cannot  be 
extended  to  them  without  active  legislation  to  that  eflfect  on  the 
part  of  Congress.  Now,  if  this  is  a  questioii  about  which  jurists 
entertain  such  a  decided  opinion,  as  did  this  one,  pass  this  bill, 
and  the  argument  now  in  their  hands  is  strengthened,  and  be- 
comes irresistible. 


Mr.  DIX. — Th*  qitestiort  befora  tha  Senate  is  on  striking  out 
the  12th  section.    Upon  that  motion  I  wish  to  speak. 

Mr.  WESTCOTT  moved  that  the  quesiion  be  postponed  until 
Monday  next,  in  order  to  giye  the  Senator  from  New  York  a  full 
opportunity  to  speak  to  it. 

Mr.  DIX  took  the  floor,  and  it  was 

Ordered,  That  the  further  consideration  of  the  bill  be  postponed 
until  Monday  next. 

DAVID    MYERLE. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  consi- 
deration of  the  bill  for  the  relief  of  David  Myerle. 

Mr.  UNDERWOOD  remarked  that  the  pending  question  be- 
fore  the  Senate  on  this  subject  was  the  amendment  to  the  bill. 
He  had  modified  the  amendment  in  two  particulars  in  oon.sequenc6 
of  some  remarks  oflered  by  the  Senator  Irora  North  Carolina  dur- 
ing the  progress  of  the  debate  upon  the  subject  a  short  time  since 
in  which  thtjse  modifications  wer«  suggested  and  their  reasonable- 
ness satisfactorily  advocated.  The  first  was  an  allowance — the 
insertion  of  a  clause  allowing  to  Myerle dollars  for  the  ex- 
penses incurred  while  attending  upon  the  committees  of  Congress 
and  securing  information  respecting  the  claim.  This  blank  could 
be  filled  up  with  twenty  three  or  more  hundred  dollars,  or  what- 
ever amount  Congress  thought  D.  Myerle  justly  entitled  to  for  his 
expenses.  The  second  mcdification  was  in  relation  to  Myerle's 
giving  bonds  for  the  re-paymeut  of  all  sums  advanced  to  him  for 
the  payment  of  hemp  or  labor,  and  to  enable  hira  to  fulfil  his  con- 
tracts with  the  government.  It  maybe  possible  that  Myerle 
could  not  give  the  requisite  security,  could  not  get  it  ;  and  there- 
fore the  amendment  as  it  originally  stood  -would  do  him  great  in- 
justice. He  [Mr.  U.]  had  so  modified  the  amendment  as  that  if 
Myerle  could  not  give  the  required  security,  that  the  money  should 
bo  withheld  for  six  months  by  the  Secretary  of  the  Treasury  until 
a  suit  at  law  could  be  instituted  when  the  chancellor  would  of 
course  dispose  of  the  money.  Mr.  U.  here  entered  into  a  full  ex- 
planation of  the  terms  of  the  contract  and  of  facts  connected  with 
the  case,  citing  from  numerous  documents  as  he  proceeded  confir- 
matory evidence  of  the  statements  presented.  Ho  contended  that 
Myerle  was  a  man  destitute  of  means,  that  he  had  drawn  upon 
MontmoUin  and  Cornwall  almost  wholly  for  the  funds  that  ena- 
bled him  to  proceed  with  the  contract  ;  and  that  therefore  in  the 
allowance  of  the  claim  of  Myerie,  Congress  should  provide  as  far 
as  practicable  for  the  re-imbursement  of  MontmoUin  and  Corn- 
wall, Myerle's  two  principal  creditors. 

Mr.  BERRIEN  briefiy  reviewed  the  merits  of  the  claim.  The 
proposition  submitted  to  the  consideration  of  the  Senate  by  the 
honorable  Senator  from  Kentucky,  to  make  MontmoUin  and  Corn- 
wall the  principal  general  creditors  in  the  case,  he  regarded  as  a 
most  extraordinary  one.  The  claim  of  Myerle  rested  upon  no 
such  small  basis  as  that  of  violation  of  contract.  It  was  a  claim 
asking  indemnity  for  losses  incurred  in  a  perilous  experiment  upon 
which  he  had  adventured  all  he  was  worth  at  the  instance  of  this 
government.  Myerle  did  have  means  when  ho  undertook  to  fulfil 
the  contract.  In  making  the  agreement  with  MontmoUin  and 
Cornwall,  Myerle  had  been  the  subject  of  usurious  exactions.  The 
whole  responsibility,  and  of  the  contract  and  the  loss  that  might 
be  incurred  in  case  of  failure  in  the  quality  of  the  hemp  to  bo  pre- 
]iarcd  for  the  government  was  to  fall  upon  Myerle. 

Mr.  BERRIEN  here  yielding  the  floor  for  a  moment — 

Mr.  BENTON  said  ho  was  well  acquainted  with  all  the  facts 
in  the  case,  and  was  prepared  to  prove  them  when  more  time  was 
aflbrded  for  doing  so. 

The  further  consideration  of  the  bill  was  then  postponed- 

On  motion. 

The  Senate  adjourned. 


June  24.] 


PETITIONS— REPORTS. 


765 


SATURDAY,  JUNE  24,  1848. 


REPORT  FBOM   THE   SOLICITOR   OF  THE   TRF.ASURY. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the 
Solicitor  of  the  Treasury,  on  the  claim  of  the  Rtv.  B.  Madeon  to 
certain  lands  occnpied  by  the  government  of  the  United  States,  at 
St.  Aun'ustine,  Florida  ;  which  was  read,  referred  to  the  Commit- 
tee on  Private  Land  Claims,  and  ordered  to  be  printed,  with  such 
of  the  documents  accompanying  the  same  as  the  committee  may 
deem  proper. 

nEPORT  FROM  THE  TREASURY  DEPARTMENT. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of  the 
Secretary  of  the  Treasury,  made  in  compliance  with  a  resolution 
of  the  Senate,  iu  relation  to  the  necessity  of  a  new  custom  bouse 
at  the  city  of  Charleston,  South  Carolina;  which  was  referred  to 
the  Committee  on  Commerce." 

PETITIONS. 

Mr.  DIX  presented  a  petition  of  citizens  of  Rochester,  New 
York,  praying  that  the  Tonawanda  band  of  Seneca  Indians  may 
be  compensated  for  their  lands  taken  by  the  United  States  under 
the  treaties  of  1838  and  1842  with  the  Seneca  Indians;  which  was 
referred  to  the  Committee  on  Indian  Affairs. 

SIGNING  or  BILLS,  ETC. 

The  VICE  PRESIDENT  signed  the  following  enrolled  bills 
and  enrolled  resolution  : 

An  act  giving  (urtlier  lime  for  satisfyin;!  cl.iimi  foi  Iioiiiuy  laniU,  and  lor  otiici 
purposes. 

An  act  for  the  relief  of  Pliinsas  Capen,  administrator  of  .lolin  (Vix,  (lecea-icil,  of 
Boston. 

An  act  for  the  relief  of  Silas  Waterman. 

An  act  for  the  rehefof  the  legal  representatires  of  James  Itrown,  (lece.-isi-d. 

An  act  to  regulate  the  exchange  of  certain  documents,  and  other  puhlications. 

An  act  for  the  relief  of  rhe  legal  heirs  of  John  Snyder,  deceased. 

An  act  to  prevent  the  importation  of  adulterated  and  spurious  (lru<;s  and  nieili 
cines. 

An  act  makinij  appropriations  for  the  payment  of  revolutionary  and  other  jiension-s 
of  the  United  States,  for  the  year  ending  the  :!Utli  June,  1849. 

An  act  to  amend  the  act  entitled  "An  act  for  the  regulation  of  seamen  on  hoard 
the  public  and  private  vesselsof  the  United  States,"  |>a3Sed  the  3d  March,  1813. 

A  n'act  for  the  relief  of  William  B,  Slaughter,  late  Secretary  of  the  Territory  of  Wis- 
consin. 

A  resolution  in  favor  of  David  Shaw  and  Solomon  T.  Corseit. 

ADVERSE  REPORTS. 

Mr.  DOWNS,  from  the  Committee  on  Indian  Affairs,  to  whom 
was  referred  the  petition  of  certain  Seneca,  Onondaga,  and  Ca- 
yuga Indians,  submitted  an  adverse  report,  which  was  ordered  to 
be  printed. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  was  referred  the  memorial  of  Mary  Morris  Foot, 
submitted  an  adverse  report,  which  was  ordered  to  be  printed. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions,  to  whom  was  referred  the  petition  of  Levi  Wells,  submitted 
an  adverse  report,  which  was  ordered  to  be  printed. 

PRIVATE    BILL. 

Mr.  DOWNS,  by  unanimous  consent,  asked  and  obtained  leave 
to  bring  in  a  bill  for  the  relief  of  W.  Woodwai'd,  which  was  read 
the  first  and  second  times,  by  unanimous  consent,  and  referred  to 
the  committee  on  the  Post  OfTica  and  Post  Roads, 

ABOLITION    OF    SLAVERY    IN    THE    DISTTICT    OF    COLUMBIA. 

The  Senate  proceeded  to  consider  the  resolution  submitted  by 
Mr.  Hale  the  23d  instant,  that  the  Committee  on  the  District  of 
Columbia  be  instructed  to  report  a  bill  abolishing  slavery  in  the 
District  of  Coluimbia;  and 

On  the  question  to  agree  thereto— 

Mr.  WESTCOTT  demanded  the  yeas  and  nays,  which  were 
©rdered,  and  it  was  determined  in  the  negative,  as  follows: 

YEAS.— Messrs.  Baldwin,  Clarke,  Corwin,  Davis,  of  Massachusetts,  Hale,  Mdler, 
Upliam. — 7. 

NAYS.— Messrs.  Allen,  Atchison,  Atherton,  Bell,  Berrien,  Borland,  Bradhnvy, 
Breese,  Bright,  Butler,  Calhoon,  Davis,  of  Mississippi,  Dickinson,  Dix,  Dou<:l;ii, 
Downs,  Kelch,  Fitzgerald,  Foote,  Hamlin,  Houston,  Hunter,  Johnson,  of  Maryland, 
Johnson,  of  Louisiana,  Johnson,  of  Georgia,  Lewis,  Mangum,  Mason,  Niles,  ilusk, 
Sproance,  Sturgeon,  Turney,  Underwood,  Westcott,  Yulee. — 30. 

OFFICERS    op    THE    CUSTOMS    AT    BALTIMORE. 

Th»  Senate  proceeded  to  consider  the  resolution  submitted  by 
Mr.  SoHNsoN,  of  Maryland,  the  19th  instant,  relative  to  the  num- 


ber and  compensation  of  officers  employed  at  the  custom  house  at 
Baltimore;  and  the  resolution  was  agreed  to. 

PORTRAIT    OF    BARON    DE    KALB. 

The  Senate  proceeded  to  consider  the  resolution  submitted  the 
2d  instant,  by  Mr  Davis,  of  Mississippi,  respecting  the  portrait 
of  Baron  do  Kalb,  presented  to  Congress,  and  the  resolution  was 
agreed  to. 

DISCIPLl.NE    OF    THE    NAVT,  ETC. 

On  motion  by  Mr.  YULEE,  it  was 

Ordered,  That  so  much  of  the  bill  from  the  House  of  Represen- 
tatives  making  appropriations  for  the  naval  service  for  the  year 
ending  the  30th  Juno,  184!),  as  relates  to  the  discipline  and  organ- 
ization of  the  navy,  and  improvements  of  navy  yariis,  be  referred  to 
the  Committee  on  Naval  Affairs. 

Mr.  ATHERTON  moved  that  the  vote  agreeing  to  the  motion 
last  mentioned  be  reconsidered;  and  it  was 

Ordered  That  the  further  consideration  thereof  bo  postponed 
until  to-morrow. 

RECONSIDERATION    AND    REFERENCE. 

On  motion  by  Mr.  BREESE,  it  was 

Ordered,  That  the  vote  orilcring  a  report  of  the  Secretary  of 
the  Treasury  communicating  a  report  of  Dr.  Davi.l  Dale  Owen  on 
certain  geographical  explorations,  to  bo  printed,  bo  reconsidered; 
and  that  the  report  be  referred  to  tho  Committee  on  Public  Lands. 

ADVERSE  REPORTS  CONCURRED  IN. 

The  Senate  proceeded  to  consider  the  report  of  the  Commitlce 
of  Claims  on  the  memorial  of  Ann  B.  Cox;  and  in  concurrence 
therewith,  it  was 

lif^ofced.  That  the  prayer  of  the  petitioner  he  rejected. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  the  Judiciary,  on  the  petition  of  certain  inhabitants  of  Winne- 
bago county,  Illinois,  and  in  concurrence  therewith,  it  was 

licselvcd,  That  it  is  inexpedient  to  grant  the  prayer  of  the  petitioners. 

The  Senate  proceeded  to  consider  the  report  of  tho  Committee 
of  Claims,  on  the  memorial  of  the  legal  representatives  of  Reu- 
ben Lassitcr  ;  and  in  concurrence  therswith,  it  was 

RcsolvfAl,  That  the  prayer  of  the  jietilioner  he  not  granted. 

The  Senate  proceeded  to  consider  the  report  of  tho  Committee 
on  the  Judiciary,  on  the  petition  of  citizens  of  Pennsylvania,  pray- 
ing the  repeal  of  the  act  imposing  a  fine  for  harboring  a  fugitive 
slave  ;  and  in  concurrence  therewith,  it  was 

Itcsolvci,  That  it  is  iucxj)edient  to  grant  the  prayer  of  the  petition. 

The  Senate  proceeded  to  consider  the  report  of  tho  Committee 
on  the  Judiciary,  on  tho  petition  of  Susan  C.  Randall  and  others  ; 
and  in  concurrence  therewith,  it  was 

Htsolved,  That  the  [)rayer  of  the  petitioners  ought  not  to  he  granted. 

Tho  Senate  proceeded  to  consider  the  report  of  the  Committee 
on  Revolutionary  Claims,  on  tho  petition  of  John  S.  Russworm, 
and  in  concurrence  therewith,  it  was 

Resntntil,  That  the  prayer  of  the  petilioiier  he  rejected. 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
of  Claims,  on  the  petition  of  John  J,  Sanchez,  administrator  of 
Francis  R   Sanchez,  and  in  concurrence  therewith,  it  was 

liesolvitd,  That  the  prayer  of  Uie  petitioner  he  rejected. 

The  Senate  proceeded  to  consider  the  report  of  tho  Committee 
on  Naval  Affairs,  on  tho  petitionof  Hugh  Wallace  Wormley  ;  and 
n  concurrence  therewith,  it  was 

Rcsolncd,  That  the  prayer  of  the  petitioner  ought  not  to  he  granted. 
The  Senate  proceeded  to  consider  the  report  of  the  Committee 
on   Indian   Affairs,  on  the  petition  of  James   Wilkins,  Jr.  and   in 
concurrence  therewith,  it  was 

ncsiilved,  That  the  prayer  of  the  petitioner  ought  not  to  be  granted. 
COMMITTEE    ON   ENGROSSED   BILLS. 

On  motion  by  Mr.  DOWNS,  it  was 

Ordered,  That  two  members  to  be  appointed  by  the  Vice  Pres- 
ident, be  added  to  the  Committee  on  engrossed  bills. 

notice    of    A    BILL. 

Mr.  HAMLIN  gave  notice  that  at  some  caily  day  he  will  ask 
leave  to  bring  in  a  bill  creating  Bangor,  in  tho  State  of  Maine,  a 
port  of  entry. 


766 


THE  PRIVATE  CALENDAR,  ETC. 


[Saturday, 


PBEBENTATION  Or  WEIGHTS  AND  MEASURES  TO  FRANCE. 

The  Senate  proceeded  to  consider  the  amendment  of  the  House 
of  Representatives  to  the  resolution  of  the  Senate  authorizing  the 
presentation  to  the  government  of  France,  of  a  scries  of  the  stand- 
ard weights  and  measures  of  the  United  States;  and  it  was 

Resolved,  That  they  coiicurtherein. 

Ordered,  That  the  Secretary  notify  the  House  of  Reproscnla. 
lives  accordingly. 

SURVEYS  IN   FLORIDA. 

The  Senate  proceeded  to  consider  the  amendment  of  the  House 
of  Representatives  to  the  bill  respecting  certain  surveys  in  the 
State  of  Florida;  and  it  was 

Hesotvsd,  That  they  •oiicur  flierFiii. 

Ordered,  That  the  Secretary  notify  the  House  of  Kepiesenta- 
tives  accordingly. 

MESSAGE  FROM  THE  HOUSE. 

The  foUovi'ing  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

I\Tr.  President :  Tlie  House  of  Representatives  Iiave  passed  the  bill  of  the  Senate 
to  authorize  the  settlement  of  the  account  of  Joseph  Nourse  deceased,  with  an  amenii- 
ment  in  which  they  rei|ae>t  the  concurrence  of  the  Senate. 

They  have  passed  bills  of  the  following  titles  ;  in  which  they  leiptesl  the  concur- 
renceof  the  Senate. 

An  act  for  the  relief  of  Dr.  Adolphus  VVislczenus. 

An  act  for  the  reliof  of  William  Parker. 

An  act  for  the  relief  of  .loshna  Barney,  United  States  ajenl. 

An  act  to  anthorrze  the  iiisning  of  a  reKistei  to  the  Schooner  James. 

HOUSE  BILLS    REFERRED. 

The  bdls  from  the  House  of  Representatives  for  the  relief  of 
Dr.  Adolphus  Wislezenus;  and  for  the  relief  of  Joshua  Barney, 
United  States'  agent,  were  severally  read  the  first  and  second 
times,  by  unanimous  consent,  and  referred  to  the  Committee  of 
Claims. 

The  hill  from  the  Honse  of  Representatives  for  the  relief  of 
William  Parker,  was  read  the  first  and  second  times,  by  unani- 
mous consent,  and  referred  to  the  Committee  on  Pensions. 

ISSUING  OF  a  REGISTER. 

The  Senate  by  unaniinous  consent,  proceeded  to  consider  as  in 
Committee  of  the  Whole,  the  bill  from  the  House  of  Representa- 
tives entitled  "  An  act  to  authorize  the  issuing  a  register  to  the 
Sohooner  James;''  and  no  amendinent  being  made,  it  was  reported 
to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time,  by  unanimous  consent. 

Resiylred,  That  it  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

REFERENCE. 

The  Senate  proceeded  to  consider  the  amendment  of  the  House 
of  Rp[iresi.'ntalives  to  tlie  bill  to  authorize  the  settlement  of  the 
account  of  Joseph  Nourse  ;  and  it  was 

Ordered,  That  it  be  referred  to  the  Committee  on  Claims. 

THE  SUPREME  COURT. 

The  Senate  resumed  the  consideration  of  the  bill,  on  its  third 
reading,  to  promote  the  dispatch  of  business  in  the  Supreme  Court, 
and  to  repeal  the  2nd  section  of  the  act  approved  June  17,  1844, 
entitled  "  An  act  concerning  the  Supreme  Court  in  the  United 
States,"  and  having  been  amended  by  unaniinous  consent  ;  it  was 

Jienolvcd,  That  this  bill  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Represenlatives  therein. 

THE    PRIVATE    CALENDAR, 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  tho  bill  fur  the  relief  of  George  Center;  and  no  amend. 
ment  being  made,  it  was  reported  to  the  Senate. 

After  debate  on  the  question — "  shall  the  bill  be  engrossed  and 
read  a  third  time  ?" 

It  was  determined  in  the  negative,  as  follows  : 

VKAS. — Messrs.  Badcer.  lUaiton,  Berrien,  Borland.  Biitlm,  Callionii,  Clarke. 
DodKC.  Downs,  l-'itzperald.  (ireenr.  Hiintor,  Johnson,  ol  Maryland,  Jo  .nson,  of  Lou 
isiana,  Lewis.  Ma«on.  Miller,  VVestcott,  Yulec— lil. 

NAVS. —Allen,  Atchison,  Athcrton.  Baldwin.  Hreese.  Brif:ht.  t:?Iayton.  Davis,  of 
Mississijipi.  Dickinson,  Dix,  Felch,  Foole,  Hale,  Hamlin.  Houston,  Johnson,  of 
<;eorpia,  Mangum,  Niles,  Phelps.  Sjiruaiict;,  Sturgeon,  Ttirney,  Underwood  IVhani. 
— SJ4. 

X)n  motion  by  Mr.  DIX  to  reconsider  the  vote  last  mentioned,  it 
was 

Ordered,  That  the  further  considoratioii  of  the  motion  be  post- 
poned to  Monday  next. 


The   Senate  proceeded   to  considerj   as  in   Committee  of  the 
Whole,  the  following  bills. 
An  act  for  the  relief  of  Russell  Gobs. 
An  act  for  the  relief  of  Barclay  &  Livingston,  and  Smith  &  Thurger  and  coinpany. 

An  act  to  change  the  name  of  the  steamboat  "Charles  Downing,'*  to  the  Calhoun; 
and  no  amendment  being  made,  they  were  reported  to  the  Senate. 

Ordered,  That  they  pass  to  a.  third  reading. 

The  said  bills  were  read  a  third  time. 

Itcsclved,  That  they  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

The  following  bills  and  joint  resolution  were  read  a  second  time 
and  considered  as  in  Committee  of  the  whole. 
A  bill  for  the  relief  of  William  B.  Stokes. 

i    A  bill  to  confirm  to  the  legal  representatives  of  Josepli  Dutailles  the  location  of  a 
certain  N.;w  Madrid  certificate. 

A  bill  for  the  relief  of  Samuel  Grice. 

,\  hill  for  the  relief  of  Stalker  and  Hill. 

A  bill  for  the  relief  of  George  V.  Mitchell. 

A  bill  for  the  payment  of  Charles  Richmond. 

A  bill  to  relinquish  the  reversionary  interest  of  the  tinited  Stales  in  a  certain  Indian 
leservation  in  the  State  of  Alabama 

A  bdi  for  the  relief  of  Alfred  White. 

Joint  resolution  for  the  relief  of  H.  B.  Gaitber. 

and  no  amendment  being  made  they  were  reported  to  the  Senate 

Ordered,  That  they  be  engrossed  and  read  a  third  time. 

The  sail  bills  and  joint  resolution  were  read  a  third  time. 

Resolved,  That  they  pass,  and  that  their  titles  be  as  aforesaid. 

Ordered,  That  tho  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  for  the  relief  of  Benjamin  Adams  and  Company, 
and  others. 

Mr.  WESTCOTT. — I  am  not  satisfied  as  to  the  justice  of  this 
case  without  further  explanation.  These  claims  to  have  duties 
returned  on  different  pretexts  are  becoming  enormous.  Why,  sir, 
great  outcry  is  made  about  petitions  for  relief  for  property  destroy- 
ed by  Indians  in  a  frontier  State,  or  for  provisions  furnished  your 
troops,  and  these  kind  of  claims  for  return  duties  from  the  eastern 
cities  are  ten  times  as  large  in  amount.  I  am  suspicious  of  all  of 
them.  I  have  seen  enough  of  them  to  satisfy  me,  they  should  be 
watched  closely.  I  will  relate  an  incident  that  occurred  this  ses- 
sion as  to  one  of  thorn.  A  bill  passed  the  House  to  pay  it.  It 
was  referred  to  the  Committee  on  Claims  and  given  to  me  to  ex- 
amine. 1  did  so,  it  seemed  all  fair  and  honest,  very  plausibly  got 
up.  It  contained  no  reference  or  allusion  to  the  fact,  that  it  had 
been  formerly  before  Congress  and  rejected.  So  I  reported  the 
bill  to  the  committee  and  it  ordered  a  report  to  the  Senate.  About 
that  time  a  former  distinguished  Senator  from  Maine  [honorable 
George  Evans]  was  hero  on  a  visit,  and  he  observed  to  me  that 
he  was  surprised  I  had  let  that  claim  pass,  that  it  was  an  old  cus- 
tomer and  referred  mo  to  the  Senate  records,  showing  it  had  been 
examined  by  Mr.  Woodbury  and  himself,  and  rejected.  I 
had  the  bill  committed  again  to  the  Committee  on  Finance.  As 
to  the  pretexts  on  which  this  character  of  claims  are  founded,  they 
are  as  plenty  as  blackberries.  I  am  opposed  to  the  whole  prac- 
tice on  principle.  The  importer  uses  the  government  and  its  laws 
as  machines  to  make  money  out  of  the  consumer.  He  imports  his 
goods  under  a  specified  rate  of  duty,  say  a  high  duty,  sells  them 
to  the  consumer  at  the  enhanced  price  occasioned  by  this  duty, 
and  then  endeavors  to  get  a  part  of  the  duty  returned.— 
This  speculation  should  not  be  encouraged.  If  encouraged, 
under  our  general  warehousing  system,  we  cannot  alter  the 
taritT,  but  those  petitions  will  come  pouring  in  upon  us  to  remit 
the  duties  as  to  all  the  goods  in  store,  and  all  will  be  said  not  to 
have  been  sold.  We  shall  have  all  sorts  of  speculations  on  our  le- 
gislation as  to  tarilTs,  in  advance  of  the  passage  of  the  laws.  We 
shall  site  the  importers  hero  exerting  themselves  to  get  laws  pass- 
ed to  enable  them  to  apply  to  have  duties  refunded.  I  object  to 
the  whole  system.  The  United  States  might  as  well  ask  tho  im- 
porter to  pay  when  a  lurilf  is  raisicd,  ihe  additional  duties  on  all 
the  goods  he  has  in  store, and  which  he  will  sell  at  an  advanced  price. 
In  this  case,  I  should  like  the  Senator  from  New  York  to  inform 
Ihe  Senate,  how  it  comes  that  this  claim  originated  in  1832,  and 
has  not  been  paid  before  this.  Its  .ago  gives  it  a  suspicious  cha- 
racter. It  looks  rather  stale.  I  know  nothing  about  it  in  any 
way,  but  all  these  kind  of  claims  1  feel  bound  to  watch  closely. 

Mr.  DICKINSON  thought  the  whole  matter  lied  in  a  nut  shell. 
In  tho  18th  section  of  the  laws  of  '.S2,  it  was  provided  that  a  cer- 
taui  class  of  goods  in  public  stores  after  3d  March,  1833,  should 
not  bo  charged  over  five  per  cent.  On  the  2d  of  March,  1833,  an 
act  was  passed  charging  upon  this  class  of  goods  a  duty  of  fifty 
per  cent.  Tho  claimants  in  this  case  had  tlicir  goods  ware- 
housed under  the  first  act,  and  demand  a  return  of  tlie  additional 
forty-fivo  per  cent,  exacted  b.»  government,  as  they  contend,  un- 
justly. 


June  24.] 


THE  PRIVATE  CALENDAR. 


767 


Mr.  DAVIS,  of  Massachusetts,  trusted  that  this  claim  would 
be  allowed.  It  had  been  long  before  the  Senate,  and  had  been 
favorably  reported  upon  a  great  number  of  times.  There  might 
be  some  objection  ur<;ed  to  the  policy  of  the  payment  of  the  claims 
for  return  duties,  had  duties  not  been  refunded  in  many  other  sim- 
ilar cases.  The  precedents  were  numerous  and  the  principle  was 
settled. 

Mr.  NILES  viewed  the  principle  involved  in  the  question  of  re- 
funding the  duties  claimed  as  a  vei-y  important  one.  If  ho  under- 
stood the  matter,  the  goods  were  substantially  imported  when  ta- 
ken out  of  the  warehouse  by  the  owners  for  use.  There  were 
several  million  of  dollars  worth  of  goods  in  warehouse,  and  con- 
sequently the  precedent  to  be  established  in  this  case  would  mate- 
rially affect  the  Treasury. 

No  amendment  being  made,  the  bill  was  reported  to  the  Se- 
nate. 
Ordered,  That  it  be  engrossed  and  read  a  third  time. 
The  said  bill  was  read  a  third  time. 
Resolted,  That  it  pas^.  and  Ihattiie  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

The  bill  for  the  relief  of  Frederick  Dawson,  James  Schatt,  ami 
Elisha  Dana  Whitney,  was  read  the  si^cond  tim.';,  and  considered 
as  in  Committee  of  the  Whole. 

Mr.  HALE  suggested  that  as  the  bill  was  a  very  impor- 
tant one,  and  involved  a  new  principle  in  the  legislation  of  the  go- 
vernment, that  it  had  better  lie  over  for  the  present.  If  it  eaine 
up  then,  it  would  do  away  with  all  other  bills.  Ho  would  move 
that  it  bo  laid  on  the  table. 

Mr.  JOHNSON,  of  Maryland,  hoped  that  the  bill  would  not  lie 
over.  If  the  bill  was  important,  so  much  tho  greater  reason  why 
it  should  be  considered  immediately. 

Mr.  CLAYTON  was  desirous  that  the  Senate  should  proceed 
with  the  consideration  of  the  bill.  It  was  a  matter  of  elaborate 
investigation  at  the  previous  session,  and  the  committee  had 
made  a  full  report  in  favor  of  the  bill.  In  consequence  of  the  press 
of  business,  the  bill  was  not  acted  upon  at  tho  last  session.  It 
was  now  nearly  the  close  of  the  present  session,  and  the  claim  had 
not  been  settled  yet. 

Mr.  DOWNS  thought  it  was  very  likely  tliat  he  should  vote  for 
the  bill,  but  would  rather  it  be  made  the  special  order  for  some 
other  day — Monday  perhaps — inasmuch  as  to  take  it  up  then  would 
be  to  do  away  with  any  further  action  that  day  upon  many  im- 
portant private  bills. 

Mr.  HALE  urged  that  if  the  bill  be  taken  up  then,  it  would  do 
away  with  all  further  business.  It  involved  tho  impcutant  ques- 
tion of  the  assumption  of  State  debts,  not  of  all  the  Slates,  but  of 
one  State,  to  an  amount  exceeding  five  hundred  thousand  dollars. 
Of  course  such  a  bill  would  receive  the  attention  of  the  democratic 
Senators  on  the  other  side  of  the  chamber,  inasmuch  as  the  non- 
assumption  of  State  debts  was  one  of  their  cardinal  principles. 
He  would  not  now  express  any  opinion  upon  tho  merits  of  the  bill. 

Mr.  WESTCOTT  said  he  hoped  the  bill  would  not  be  passed 
by.  The  Senator  from  New  Hampshire  did  not  seem  to  un- 
derstand the  character  of  the  hill.  It  is  true  it  had  .some  rela- 
tion to  Texas — but  it  was  not  for  the  United  States  to  pay  a  debt 
of  Texas — it  is  to  pay  her  own  debt,  and  a  debt  the  moral  obliga- 
tion to  pay  which  was  as  strong  as  any  debt  the  United  States  ever 
owed.  He  hoped  the  Senate  would  not  repudiate  a  just  debt  in 
the  way  the  Senator  urged.  The  passing  by  the  bill  was  equiv- 
alent to  its  loss  at  this  session.  He  supposed  it  would  be  opposed 
in  the  House,  and  if  so  at  this  late  period  of  the  session  it  could 
not  pass.     He  should  vote  to  proceed  with  the  bill. 

M'.  BRIGHT  was  opposed  to  the  consideration  of  the  bill  then. 
He  desired  to  go  on  with  the  private  calendar.  Instead  of  half  a 
million,  the  bill  involved  an  amount  of  over  a  million  of  dollars. 
He  could  not  consent  to  its  being  made  the  speciid  order  of  either 
one  of  the  first  three  days  of  the  coming  week,  inasmuch  as  the 
Oregon  territorial  hill  was  entitled  to  those  days. 

Mr.  CLAYTON  did  not  apprehend  that  the  discussion  of  that 
bill  would  con.sume  much  time  or  occasion  very  great  delay.  The 
case  was  too  clear  to  admit  ofdoubt.  Upon  the  act  of  annexation 
ofTexas  to  the  United  States  this  government  had  pledged  itself 
to  assume  certain  responsibilities  ofTexas,  and  this  case  was  one 
of  them.  The  claimants  had  built  the  Texan  navy,  and  had  not 
as  yet  been  paid  for  the  vessels  that  composed  it.  The  United 
States,  in  annexing  Texas,  took  possession  of  her  navy,  and 
the  debt  incurred  in  building  the  navy  came  with  that  possession. 
It  was  a  question  whether  this  government  should  redeem  its  own 

filighted  faith.  The  United  States  would,  in  all  human  probability, 
ose  nothing,  inasmuch  as  Texas  had  agreed  to  reimburse  the 
United  States  for  the  outlay  with  land. 

Mr.  BRIGHT  would  say  nothing  in  reference  to  the  merits  of 
the  bill,  although  it  was  apparent  that  if  the  doctrine  of  the  as- 
sumption of  State  debts  was  involved  in  the  question  before  them, 
as  was  stated  by  the  Senator  from  New  Hampshire,  it  would  lead 
to  a  lengthy  discussion.  He  earnestly  hoped  that  it  would  he 
paised  gver  foi  the  present,  and  the  private  calendar  be  taken  up. 


Mr.  TURNEY  must  insbt  that  this  was  not  a  private  bill.  It 
was  a  bill  to  be  sure,  appropriating  certain  amounts  of  money,  but 
involved  at  the  same  time  a  great  principle,  whether  this  govern- 
ment should  engage  in  the  purchase  of  lands  from  Texas.  In  con- 
sideration of  the  assumption  of  the  debt  of  Texas  for  these  ships, 
the  United  States  was  to  be  reimbursed  with  land  by  Texas.  He 
was  prepared  to  vote  against  the  bill  whenever  it  was  taken  up. 
He  did  not  desire  to  purchase  lands  from  Texas  to  be  given  away 
to  railroad  and  other  companies.  The  land  he  considered  as  mere- 
ly put  ill  to  avoid  the  question  of  the  power  of  this  government  to 
liquidate  State  debts.  He  hoped  tho  bill  would  lie  over,  as  all 
knew  there  would  be  a  protracted  discussion  upon  it  whenover  it 
was  brought  up. 

Mr.  JOHNSON,  of  Maryland,  had  understood  in  common  with 
many  other  Senators,  that  the  true  mode  of  proceeding  with  this 
calender  was  to  take  up  the  cases  as  they  stood  on  it.  The  friends 
of  the  bill  had  not  proposed  at  any  time  to  take  it  up  out  of  its  re- 
gular order,  and  had  even  sufl'ered  other  hills  that  were  not  enti- 
tled to  precedence  to  be  acted  upon.  The  bill  was  reached  now  ; 
and  could  its  importance  be  reasonably  regarded  as  an  objection 
to  its  present  consideration  ?  The  larger  the  claim  upon  the  go- 
vernment the  greater  the  duty  he  thought  of  Congress  at  once  to 
act  upon  it.  He  spoke  knowingly  when  he  said  that  it  was  the 
extent  of  this  claim  that  had  made  bankrupts  of  the  claimants. 
In  regard  to  the  suggestion  thrown  out  by  the  Senator  Irom  New 
Hampshire,  moi-e  particularly  for  the  benefit  as  he  had  said  of 
gentlemen  on  the  other  side  of  the  chamber,  that  to  pay  this  claim 
would  be  an  assumption  of  State  debts,  he  would  say  that  it  was 
no  such  thing.  The  claim  rested  on  a  diflerent  foundation.  There 
was  no  man  more  opposed  to  the  assumption  of  Stale  debts  than  he 
would  be,  or  than  would  be  every  member  on  that  side  of  the  floor. 
They  went  in  common  with  others  for  the  payment  of  State  debts, 
but  it  was  a  payment  to  be  made  by  the  States  themselves.  The 
bill  before  them  however  involved  claims  on  the  United  Stales. 

Mr.  HALE  inquired  if  this  was  a  claim  against  the  United 
States,  why  it  was  not  provided  in  the  bill  that  the  appropria- 
tion was  to  be  made  for  the  payment  of  their  own  debt  ? 

Mr.  JOHNSON  of  Maryland,  would  ask  in  reply  whether  th* 
United  States  and  Texas  did  not  both  owe  it,  inasmuch  i.a  the 
United  States  had  assumed  it  by  the  treaty  of  annexation  ?  Texas 
while  struggling  for  her  independence,  had  purchased  ships  for 
which  the  clahnants  were  then  demanding  pay — for  her  Navy — 
and  had  given  security  for  the  payment.  What  was  that  security  ? 
The  security  was  that  tho  builders  of  the  ships  were  to  be  paid 
two  hundred  and  eighty  thousand  dollars — he  was  not  sure  as  to 
the  precise  amount— in  cash  and  bonds  to  the  amount  of  about  one 
hundred  thousand  dollars,  said  bonds  to  be  paid  in  the  course  of 
some  ten  or  fifteen  years.  How  were  the  bonds  to  be  paid  ?  The 
interest  on  them  annually,  and  the  principal  at  the  end  of  the  al- 
lotted time  of  credit.  How  was  their  payment  secured  ?  The 
revenues  and  duties  to  be  collected  in  the  State  were  pledged  to 
their  payment  on  the  face  of  abend.  Now  the  United  States  had 
thought  proper  to  annex  Texas,  and  had  taken  from  Texas  the 
power  to  collect  duties,  Sec.  The  money  with  which  we  were  car- 
rying on  the  government,  was  in  part  derived  from  the  revenues 
of  Texas.  Was  it  not  incumbent  then  upon  this  nation  if  it  wish- 
ed to  rank  as  honest  among  the  nations  of  the  world,  inasmuch  as 
it  had  possession  of  the  means  wherewith  Texas  designed  paying 
their  debts,  to  promptly  discharge  the  obligation  it  had  incurred 
by  the  act  of  annexation.  He  trusted  the  bill  would  have  an  im- 
mediate consideration. 

Mr.  FOOTE  made  a  few  remarks  in  reply  to  an  allusion  of  the 
Senator  from  Maryland;  after  which  the  ayes  and  noes  were  or- 
dered and  taken  upon  the  motion  to  lie  on  the  table;  and  it  was 
determined  in  ihe  negative. 

VE.\S — Messrs,  Allen,  Atlierton,  Benton,  Borland,  Bradbury,  Bright,  Corwin, 
Daiis,  of  Mississippi,  Diekinson.  Dix,  Downs.  Felch,  Fitzgorai,  Hate,  Hamlin,  HoDS- 
lon,  .Tolmson,  of  Loiiisiaua,  Niles.  Plielps.  Tnrney — 20. 

NAVS — I^Iessr^.  Badger,  B.ildwin,  Bell,  Berrien,  BnlJAr,  Calhoun.  Clarke,  Clay- 
ton, D.ivis,  of  Massachusetls,  Foote,  Greene.  Hnuter,  Johnson,  of  Maryland.  Joba-- 
son,  of  Geor/ria,  Lewis,  .Manpuni,    Mason,  Miller,   Rnsk,  Spruance,  SuirgeoD,  Un- 
dtTwood,  Upiiani,  Weslcott,  Ynlee — 25 

Mr.  MASON  then  advocated  briefly  the  immediate  considera- 
tion of  the  bill. 

Mr.  JOHNSON,  of  Louisiana,  was  opposed  to  the  considera- 
tion of  the  bill  at  the  present  time,  because  there  were  many  pri- 
vate bills  of  pressing  importance  that  should  be  acted  upon  imme- 
diately.    He  moved  a  postponement  of  the   further   consideration 

of  the  bill. 


The  question  was  taken,  and  resulted  as  follows  : 


AveJ 
Noes 


14 


Majority  against  the  motion  -  .  -  s 

So  the  motion  was  rejected. 

Mr.  HALE  was  not  prepared  at  that  moment  to  discuss  fully 
the  principle  of  the  bill,  but  would  say  a  few  words  in  reference 
to  it.  What  was  the  debt  the  bill  proposed  to  pay  ?  The  amount 
was  immaterial  ;  the  principle  involved  was  the  thing  at  issue. 
Whose  debt  was  it  ?  U  was  said  by  the  Senator  from  Maryland 
that  it  was  the  debt  of  the  United  States.  When  asked  if  the 
debt  of  the  United  States,  where  was  the  propriety  of  remunerating 

Texas  for  paying  itj  the  Senater  Irom  Maryland  had  taken  the 


768 


THE  PRIVATE  CALENDAR. 


[Saturday, 


Yankee  privilege  of  answering  his  question  by  asking  another — 
whether  tlie  United  States  and  Texas  could  not  both  owe  it  ?  If 
Texas  and  the  United  States  both  owed  the  debt,  it  consisted  in 
the  relation  of  principal  and  surety.  The  debt  ori(jinalIy  was  not 
incurred  by  the  United  States  but  by  Texas  while  an  independent 
government.  The  Senator  from  Maryland  had  said  also,  that  we 
could  not  maintain  the  character  of  an  honorable  nation  without 
paying  this  debt.  He  wished  that  the  United  States  had  no  worse 
impntation  upon  its  character,  in  the  transactions  upon  this  subject 
commencing  with  the  United  States.  But  how  did  this  matter  stand? 
He  would  speak  from  memory  concerning  it.  Negotiations  were 
entered  into  between  the  United  States  and  Texas  for  the  annexa- 
tion of  Texas  to  the  United  States.  A  treaty  was  formed  and  in  that 
treaty  an  express  provision  was  made  that  the  United  States  should 

f)ay,  to  a  certain  amount,  the  debts  of  Texas  ;  a  provision  jiarticu- 
arly  being  made  for  this  very  debt.  That  treaty  was  sulmiitted 
to  the  Senate,  and  not  receiving  the  favorable  consideration  of 
two-thirds  of  its  members,  was  rejected.  And  one  of  the  rea- 
sons given  by  some  of  those  who  voted  against  the  treaty  was,  that 
there  was  a  provision  incorporated  m  the  treaty  for  paying  the 
debt  of  Texas,  which  they  did  not  believe  the  United  States  had  a 
right  to  do.  This  was  a  reason  assigned,  that  made  the  treaty 
objectionable.  It  was  said  that  wo  were  bound  by  political  faith 
to  pay  this  debt,  because  by  the  act  of  annexation  we  had  pledged 
ourselves  to  do  it.  If  there  was  any  force  in  that  argument,  he 
thought  it  would  apply  to  every  debt  of  Texas.  Texas  had 
pledged  herself  by  a  bund  to  apply  her  revenues  nnd  land  to  pay 
this  debt;  and  be  would  ask,  what  was  the  implied  faith  given  by 
any  independent  government,  when  they  borrowed  money  and 
gave  security  for  its  payment  1  Was  not  the  property  of  the  na- 
tion, and  the  faith  of  every  man  in  it  pledged  to  the  payment  tliat 
these  debts  should  be  paid  ?  This  was  a  debt  higher  than  a  mort- 
gage debt  although  technically  speaking,  it  was  a  mortgage  upon 
everything  she  possessed,  her  faith,  her  lands,  and  revenues.  Whe- 
ther put  in  the  bond  or  not,  the  distinction  in  that  country  bad 
always  been  maintained.  It  was  an  act  of  morals,  however  it 
might  be  viewed  in  law.  This,  then,  was  a  bill  to  pay  the  debt 
of  Texas.  The  fact  was  admitted  on  the  face  of  the  bill.  And  if 
that  was  so,  where  he  would  incpiire,  was  the  necessity  of  the  Uni- 
ted States  stepping  in  and  paying  it  ?  Why  not,  he  would  ask, 
let  Texas  transfer  her  land  to  these  claimants?  Texas  was 
bound  to  pay  the  debt  eventually.  The  bill  proceeded  upon  the 
assumption  that  she  would  reimburse  the  United  States.  If  the 
United  States  paid  the  debt,  it  was  upon  the  assumption  that 
Texas  would  ultimately  return  the  amount  paid  by  the  United 
States.  He  asked  the  Senate  to  pause  before  they  entered  upon 
such  a  system  of  legislation  as  that.  From  the  time  the  system 
of  the  assumption  of  State  debts  had  been  broached,  the  democratic 
party  bad  set  their  faces  against  it  like  a  flint.  And  it  was  said 
also  that  the  whig  party  were  opposed  to  it.  But  why  did  they 
not  stand  up  to  their  profession  ?  It  had  been  fastened  u|ion  them 
just  like  the  system  of  internal  improvements.  A  large  majority  of 
the  Senate  on  both  sides  of  the  chamber,  would  get  up  and  say 
they  were  opposed  to  the  system  of  internal  improvement.  But 
let  a  bill  come  before  them  granting  alternate  sections  of  land, 
say  in  Indiana  for  that  purpose,  and  these  same  Senators  would 
say  they  were  opposed  to  the  system  of  internal  improvements  but 
wiire  in  favor  of  the  passage  of  that  particular  bill.  So  with  many 
other  similar  grants  ;  and  so  it  was  in  this  case.  Gentlemen 
were  opposed  to  the  assumption  of  State  debts  by  Congress,  but 
wore  in  favor  of  the  particular  bill  before  them.  He  could  con- 
ceive of  no  case  in  which  the  principle  of  the  assumption  of  State 
debts  could  more  plainly  present  itself  than  in  that.  It  was  a 
naked  proposition,  that  the  United  States  should  come  forward  and 
endorse  the  note  of  Texas  whatever  the  amount,  and  take  a  mort- 
gage security  on  her  lands  to  )Kiy  the  endorsement.  He  had 
looked  into  th»  bill  with  an  earnest  desire  to  record  his  single  vote 
in  favor  of  it.  But  he  was  compelled  to  look  upon  it  as  one  of  the 
most  alarming  steps  the  government  could  take.  It  was  a  maxim 
of  wisdom  to  oppose  the  first  step.  When  once  taken,  it  was 
hard  to  retrace  it.  While  in  the  House  of  Representatives,  Sid- 
ney Smith  forwarded  him  a  memorial  from  England,  requesting 
this  government  to  come  forward  and  redeem  the  plighted  faith 
of  the  States,  which  bad  been  violated  to  an  immense  amoiuit  in 
their  monetorial  transactions  witli  that  country.  Now  if  that  bill 
in  relation  to  Texas  was  to  receive  the  favorable  consideration  of 
Congress,  if  we  were  to  assume  the  debts  of  Texas,  be  was  in 
favor  of  even  handed  justice.  If  the  debts  of  one  State  wore  to  be 
assumed,  why  not  the  debts  of  all  the  others?  If  the  United 
States  did  not  mculdle  in  this  transaction,  it  would  le  ivc  Texas  in 
the  same  position  as  that  in  which  the  other  .States  stood — ihut  is 
whore  she  could  jiay  ber  own  debts.  It  was  argued  that  the  ao- 
vernment  took  possession  and  made  use  of  the  custom  house  reve- 
nues of  Texas,  thus  using  up  her  resources  wherewith  to  pay  her 
debls.  Did  it  not  do  the  same  with  the  States  wherein  Philadelphia, 
New  Orleans,  (Jharleston,  and  New  York  were  located,  and 
where  it  collected  tl:8  largest  proportion  of  its  revenue,  nnd  did  it 
pay  the  debts  those  of  States?  In  addition  to  that,  when  Texas 
was  annexed  to  the  United  States,  the  whole  title  and  sovereignty 
of  the  land  within  her  borders,  was  left  to  her  solo  and  undispu- 
ted control,  mainly  upon  the  ground  that  as  the  United  Stales  did 
not  meddle  with  her  debts,  the  United  States  should  not  take  her 
soil  but  leave  it  to  pay  those  debts. 

It  was  said  by  an  honorable  Senator,  that  ho  did  not  believe  the 
United  States  would  have  a  dollar  to  jiay  of  this  debt  of  'i'exas  in 

the  end.    If  the  passage  of  this  bill  tlieiij  wws  but  a  mere  suiren- 


der  of  a  great  principle  without  any  benefit  to  those  for  whose  sake 
we  were  about  to  pass  it,  he  trusted  it  would  not  be  made.  H« 
had  not  gone  into  the  minute  features  of  the  bill,  as  he  did  not 
desire  to  use  declamation  on  the  subject.  They  could  not  alter 
things  by  altering  names;  theiressential  character  would  remain  the 
same.  And  so  in  the  case  before  them,  it  was  a  bill  to  assume 
the  debts  of  Texas,  whatever  name  was  given  to  it.  Ho  trusted 
the  Senate  would  pause,  and  consider  well  the  consequences  before 
they  acted  on  it  favorably. 

Mr.  WESTCOTT  said  be  had  expected,  that  before  any  objec- 
tion was  made  to  this  bill,  as  is  usual,  the  committee  that  reported 
it  would  have  been  permitted  to  explain  it,  or,  at  least,  that  the 
report  accompanying  the  bill  would  have  been  read.  But  the  hon- 
orable Senator  from  New  Hampshire,  in  the  eagerness  of  his  op- 
position, could  not  wait  for  this,  or  even  for  the  bill  to  be  read, 
but  denounced  it  violently,  as  it  seemed  to  him,  (Mr.  W.,)  mani- 
festly without  knowing  its  purport  or  effect. 

Mr.  HALE. — X  would  say  to  the  Senator,  that  I  know  the  gen- 
eral character  of  the  bill,  and  had  my  attention  attracted  to  it 
soiue  time  ago.  I  had  no  idea  of  improperly  forestalling  the  judg- 
meut  of  the  Senate,  or  prejudicing  the  bill  by  the  remarks  I  made, 
nor  any  discourtesy  to  the  committee  or  any  Senator. 

Tvlr.  WESTCOTT.— The  Senator  seems  laboring  under  some 
hallucination  with  respect  to  this  bill  ;  for  in  no  other  way  can  his 
discourse  about  the  assumption  of  State  debts,  and  other  bad  things, 
he  seems  to  think  are  connected  with  it,  be  accounted  for,  unless 
perhaps  because  the  claim  originated  in  the  South  and  in  Texas. 
If  he  will  read  the  bill  and  report  attentively,  his  intelligence,  I 
am  satisfied,  will  convince  him  that  his  objections  are  chimeras  of 
a  fervid  imagination. 

[Mr.  AV.  read  the  bill  and  report  and  commented  upon  them.l 

Mr.  W.  said  that  the  claimants  had,  while  Texas  was  an  inde- 
dependent  republic,  bought  for  her  a  navy,  and  armed  and  equip- 
ped it.  Texas  gave  them  her  bonds  lor  the  amount  due  them, 
pledging  her  duties  on  imports  for  their  discharge.  When  Texas 
was  annexed,  by  the  express  terms  of  annexation  the  United 
States  received  that  navy  and  its  armament,  equipment,  &c.,  or, 
at  least  what  was  left  of  it.  We  paid  nothing  for  the  ve.ssels  we 
received. 

This   hill   provides,  in   substance,  that    the   United  States  shall 
pay  claimants  the  value  of  these  vessels,  arms,  equipments,  ftc.  so\ 
received    by  iis — and  received,  too   with  a  knowledge   that  they 
had  iiiit  been  paid  for;  upon  four  conditions  : 

1.  Texas  should  agree  to  the  arrangement. 

2.  Claimants  should  also  agree. 

3.  That  claimants  transfer  to  the  United  States  their  bonds  and 
vouchers  to  the  amount  paid. 

4.  That  Texas  transfer  to  the  United  States  lands  equal  in  val- 
ue to  the  amount  paid  to  reueem  the  bonds. 

The  arrangements  are  deemed  just,  and  are  proposed  by  the 
cunimittce  solely  and  exclusively  on  the  ground  that  we  received 
the  vessels  without  paying  for  them,  and  knowing  that  they  had 
not  been  paid  for  by  Texas.  A  moral  obligation  rests  on  this  gov- 
ernment, under  these  circumstances,  to  pay  the  value  of  the  pro- 
perty it  received.  The  bill  does  not  go  one  inch  further  than  this. 
It  does  not  propose  to  assume  the  whole  debt — it  does  not  involve 
millions— nothing  like  it — it  is  all  a  mistake  to  contend  it  does  any 
thing  of  the  kind.  The  report  and  bill  of  last  session  were  differ- 
ent. It  proposed  to  pay  the  whole  debt.  Mr.  W.  said  he  did  not 
advocate  that  bill,  and  he  should  not  have  voted  for  it.  He  could 
not  agree  this  session  in  committee,  to  report  the  bill  of  last  ses- 
sion. 

Mr.  BUTLER. — If  the  Senator  would  allow,  he  would  explain 
the  circumstances  under  which  the  report  of  last  session  was  made. 
It  was  argued  that  the  Committee  of  Claims  should  decide  early, 
.so  as  to  have  the  case  acted  on.  He  was  unable  to  meet  the  com- 
mittee, and  informed  the  other  members  that  he  agreed  the  report 
should  be  made  without  committing  himself  for  or  against  the  bill. 

Mr.  WESTCOTT  proceeded.— He  did  not  perceive  what  the 
project  of  the  assumption  of  the  State  debts,  which  had  been  al. 
iudcd  to,  had  to  do  even  with  the  bill  of  last  session.  Mr. 
W.  said  he  was  as  mnch  opposed  to  the  assumption  project 
as  any  body,  but  that  the  bill  had  nothing  in  it  of  the  kind 
That  bill  recognized  the  entire  claim  as  a  debt  due  from  the  Uni- 
ted Stales,  on  the  ground,  chiefly,  that  the  hypothecation  of  the 
customs  of  Texas,  which  were  claimants'  security,  was  nulli- 
fied by  the  annexation,  and  that  those  duties  were  now  collected 
and  received  bv  the  United  States.  To  Ibis  he  could  not  as- 
sent. The  owiog  of  this  debt  could  not  fetler  even  Texas  legis- 
lation, witii  respect  to  her  tariff,  if  she  had  not  been  annexed 
much  less  prevent  her  from  coming  into  the  Union.  It  made  the 
United  States  in  no  wise  liable  for  it.  Mr.  W.  said  this  claim  was 
expressly  referred  to  in  the  5tb  article  of  the  trcary  of  annexation 
which  was  not  accc))tc-d,  and  it  was  stipulated  $-251),00U  should  be 
jiaid  by  the  United  Slates.  This  showed  wo  had  notice  when 
Texas  was  admitted  under  the  resolutions.  [Mr.  W.  referred  to 
the  treaty  and  read  the  article.  1  He  said  he  put  the  claim  exclu- 
sively on  the  griinnd  that  we  had  received  some  of  tho  ves.>!els,  ar- 
luainents,  ike.  knowing  they  were  not  paid  for,  and  he  limited  the 
claim  to  the  value  of  the  property  received  by  the  United  States. 
He  ar"ued  that  the  same  rule  would  moke  an  individual  liable  in 
law.  Between  individuals  the  doneo  of  jiroperty  who  takes  it  of 
u  donor  knowing  dial  it  is  not  paid  for,  the  voluntary  transfer  is 


June  24.] 


THE  PRIVATE  CALENDAR. 


Mr.  TURNEY  how  much  does  tho  till  allow? 

which  the  claim  was  ba.ed  he  d  d  It  Sv^  1, .  h  ^'"'"^''t  °" 
what  the  amount  would  probably  beVrn^ari^'^he'^co:!]'."  '^''°" 

i^.J^h.^^P'l^f  ■~^^'","^''  Senator  permit  mo  to  ask  what  bear 
iiig  the  lacts  ho  has  stated  as  to  tho  value  of  the  live  oakln  Texas 
and  the  policy  of  the  United  States  buyin-  it  haf  m  on  the 
question  o.  the  liability  of  the  United  Stat  J  to^ssumc  this  debl  1 

Mr  WESTCOTT.-Ifear  I  shall  be  unable  to  do  so  as  the  Sen 
ator  does  not  sect  at  once.  I  am  afraid  I  should  f'u  to  eonvmc; 
h.nx  by  a  speech  here,  but  I  will,  though  it  is  a  dillicult  lask^  try 

JraSr^ete  i'„"<l".b:t':"^''"  "^^-     '  ^'"  "^  ^  ^^  ^^'^  "^  - 

Mr.  TURNEY.-I  hope  the  Senator  will  not  omit  to  answer 
me  as  to  tho  amount  this  bill   proposes  to  pay.     Ilow  much  d^es 
he  suppose  ,t  w,ll  take  to  satt'sly'ihis  clai,'u,^f  thL  UU ""'i^ssed! 
30th  Cono.— IsT  Session— No.  97. 


769 

rt^ei^fd^'-^i^l;  'thTtT""'?  ^p'p^^^s^:^.^^ 

Preldti.     This'i    allUmYea°„?  «■="«'->•  "I"  "'«  Navy'and 
..pposo  it  wdl  am^u^Jl  tUo^o-T^o;:^^^^^^^-^ 

^M<^  i^::/:Si:;;s  i;td^;;:;re!itrt:^i^:-5'ui  "i^: 

possessmnol  it,  and  if  we  had  paid  nothing  lor  it   we  shou'd  i." 
honor  and  honesty  p.iy   them.     I   consider    the    pi iMued  faith  and 

d  at  on      I    L„   fr     ^'  ""'■!"  ^l  ""^  """'  'Ji'^?™«erul  kind  of  repu- 

pay  her  iust  deh,s  k'7\-°  '''''""  '''''''"  *>«■•  '""-"^  "-"l  »2^<=ed  to 
?iV;L  rl  ,  T  L^"'  ''"■'  ''•"'■'''  stands  on  no  such  "eneral  prin- 
cal  prop  ;.v  "tv?r""'  .'TT'"l''y^'"^  United  States  of  the  dentl 
for  bv  us  to  Tev.,''"'Al"''>''^^?''''''  "'  claimants,  and  unpaid 
should  aid  .?-,lm;n?'-  ^ ','!'"■'•  °"  .""'  f?™""''  1''°  United  State, 
ca"e  10  .1  !lfTn  ,  , '"  *'°"«'=""^'  "■  I  l>ave  done  my  duty  in  tho 
ease     o  myselt  and  to  the  committee  that   directed  mo  to  report 

elat-'l'thm'/to'l"  j;["""«^  '"  ""=  '"'^  --  ^"^^  -/°"^- 
On  motion, 
The  Senate  adjourned. 


770 


TITLE  TO  LANDS,  ETC. 


[Monday, 


MONDAY,  JUNE  26,  1848. 


PRESIDENT  PRO  TEMPORE. 

The  VICE  PRESIDENT  being  absent,  the  Senate  proceeded 
to  the  choice  of  a  President,  pro  tempore,  as  the  constitution 
provides. 

On  motion  by  Mr.  BENTON,  it  was 

Rfsaheil,  Tliat  Ihe  Hon.  David  R.  Atcliison  be  appointed  President  oftlio  Senate, 
j^o  tempore. 

On  motion  by  Mr.  BENTON,  it  was 

Ordered,  That  the  Secretary  wait  on  the  President  of  the  Uni-. 
ted  States  and  inrorin  him  that  the  Senate,  in  the  absence  of  the 
Vice  President  of  the  United  States,  have  chosen  the  Hon.  David 
E.  Atchison  President  of  the  Senate,  pro  tempore ;  and  that  the 
Secretary  make  a  similar  communication  to  the  House  of  Kepre- 
seutaiives. 

CREDENTIALS. 

Mr.  DODGE  presented  the  credentials  of  the  Hon.  Isaac  P. 
Walkkr,  chosen  a  Senator  by  the  Legislature  of  the  Slate  of 
Wisconsin;  which  were  road. 

The  oath  prescribed  by  law  was  administered  to  Mr.  Walker, 
end  he  took  his  seat  in  the  Senate. 

CLASSIFICATION    OP   WISCONSIN  SENATORS. 

Mr.  BENTON  submitted  the  followinjr  resolution;  which  was 
considered,  by  unanimous  consent,  and  agreed  to. 

Renolr.ed,  That  the  Senate  proceed  to  ascertain  the  classes  in  which  the  Senatots 
from  the  State  of  Wisconsin  shall  be  inserted,  in  conrormity  Willi  the  resolution  of  the 
14tll  May,  1769,  and  as  the  constitution  provides. 

On  motion  by  Mr.  BENTON,  it  was 

Ordered,  That  the  Secretary  put  into  the  ballot  box  two  papers 
of  equal  size,  one  of  which  to  be  numbered  one,  and  the  other  to 
be  blank;  that  each  Senator  from  the  State  of  Wisconsin  draw 
ont  one  paper;  that  number  one  shall  entitle  the  Senator  to  be 
placed  iu  the  class  whose  term  of  service  shall  expire  the  3d  day 
of  March,  1849;  that  the  Secretary  then  put  into  the  ballot  box 
two  other  papers  of  equal  size,  numbered  two  and  three;  that  the 
Senator  who  shall  have  drawn  the  blank  shall  then  draw  one  of 
these  papers;  that  number  two,  if  drawn,  shall  entitle  the  Sena- 
tor to  be  placed  in  the  class  whose  tenn  of  service  will  expire  the 
3d  of  March,  1851;  and  number  three  in  the  class  whose  terra 
will  expire  the  3d  day  of  March,  1853. 

Whereupon, 

The  papers  above  mentioned,  numbered  one,  and  a  blank,  were 
put  by  the  Secretary  in  the  box,  and  Mr.  Walker  drew  the  paper 
numbered  one;  and  is  accordingly  in  the  class  of  Senators  whose 
term  of  service  will  expire  the  3d  day  of  March,  1849. 

The  Secretary  then  put  the  papers  numbered  two  and  three  into 
the  box;  and  Mr.  Dodge  drew  the  paper  numbered  two;  and  is 
accordingly  in  the  class  of  Senators  whose  term  of  service  will 
expire  the  3d  day  of  March,  1851. 

THE    private    CALENDAR. 

Mr.  JOHNSON,  of  Louisiana,  submitted  a  resolution,  which 
was  considered,  by  unanimous  consent,  and  after  being  amended, 
was  agreed  to,  as  follows  : 

Resolved,  That  Friday  next,  after  1'3  o'clock,  be  set  apart  for  the  consideration  of 
Senate  private  bUU,  to  the  e.vulusion  of  all  other  business. 

JONES  AND  BOKER. 

Mr.  WESTCOTT  submitted  the  following  resolution  for  consi- 
deration : 

Resolved,  That  the  First  Comptroller  of  the  Trea^nry  be  directed,  as  soon  ns  pr.ic- 
ticable,  to  report  to  the  Stnate  any  facts  that  have  come  to  his  knowlenpe  siii.^e  Ihe 
passage  at  this  session,  of  the  act  for  the  relief  of  Jones  and  Hoker,  showini:  that  said 
act  was  passed  under  a  misapprehension  of  the  facts;  and  that  until  the  further  ac- 
tion of  '  'ongress  on  the  subject  during  the  session,  said  Comptroller  suspend  nny  al- 
lowances or  ])ayinonU  under  said  net. 

PETITIONS. 

Mr.  NILES  presented  the  memorial  of  .John  T.  Sullivan,  pray- 
ing compensation  for  executing  the  binding  of  the  laws  and  in- 
atructions  to  postmasters  for  the  use  of  the'  Post  Odioe  Depart- 
ment; which  was  referred  to  the  Committee  on  the  Post  Oflice 
and  Post  Koads. 

TITLE  TO   LANDS. 

Mr.  UNDERWOOD,  front  the  Committee  on  Public  Lands, 
submitted  a  report,  iiccompanied  by  a  bill,  to  vest  the  title  of  the 
United  States  in  the  purchasers  of  certain  lands  sold  under  exe- 
cution against  Gordon  D.  Boyd. 


The  bill  was  read  and  passed  to  the  second  reading. 

Mr.  UNDERWOOD.— This  is  a  bill  by  which  the  Solicitor  of 
the  Treasury  supposes  he  will  be  able  to  save  something  like 
S20,000  to  the  government.  The  facts,  very  briefly,  are  these  : 
A  gent'cman  by  the  name  of  Bo3'd  being  receiver  of  public  money 
in  Mississippi,  became  a  defaulter  some  years  ago,  and  it  appears 
that  he  had  issued  certificates  acknowledging  the  receipt  of  large 
sums  of  money  for  land  in  his  own  name.  Not  a  dollar  of  ihis 
money,  however,  was  received  into  the  Treasury.  The  govern- 
ment recovered  a  judgment  against  him  for  a  large  amount,  and 
the  execution  which  was  issued  was  levied  upon  these  very  lands 
which  he  returned  as  being  the  purchaser  of  himself,  and  the  pur- 
chasers at  the  sale  tinder  the  execution,  were  allowed  to  give 
bond  and  security  to  the  government  for  the  payment  of  the  pur- 
chase money  in  one  and  two  years.  They  afterwards  relused  to 
pay,  owing  to  the  difficulty  growing  out  of  the  peculiar  s:ate  of 
the  title.  No  patent  had  been  issued  in  the  name  of  Boyd,  against 
whom  the  execution  was  issued,  and  whose  lands  the)'  were  said 
to  be  at  the  time  of  the  sale  under  the  execution.  The  purchasers, 
therefore,  relused  to  redeem  their  bonds.  Suits  were  brought 
against  them,  and  the  attorney  for  the  northern  district  of  Missis- 
sippi reports  me  facts,  suggesting  the  difficulty  that  exists  about 
the  title,  and  suggesting  also  that  the  purchasers  will  avoid  their 
contracts  unless  Congress  interposes.  The  Solicitor  of  the  Trea- 
sury brims  the  subject  before  tlie  Committee  on  Pubhe  Lands, 
and  a  bill  has  been  reported  which  provides  that  the  marshal  shall 
convey  these  lands  to  the  purchasers,  with  the  view  of  securing 
to  them  whatever  title  Boyd  may  have  in  the  land;  and  that  upon 
filing  the  deed  the  government  shall  issue  patents  for  the  lands  to 
the  purchasers  under  the  e.Necution,  who  will  thus  obtain  good 
titles,  and  they  will  redeem  their  bonds,  and  $20,000  will  be  saved 
to  the  government. 

The  said  bill  was  then  read  the  second  time,  by  unanimons  con-- 
sent,  and  considered  as  in  Committee  of  the  Whole  ;  and  no 
amendment  being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  road  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

licsofved.  That  this  bill  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  req.ucst  the  concurrence  of  the 
House  of  Representatives  therein. 

LIGHT-HOUSES,  BUOYS,  ETC.     ■ 

Mr.  DAVIS,  of  Mass.achusetts,  from  the  Committee  on  Com- 
merce, reported  a  bill  making  appropriations  for  light-houses,  light 
boats,  buoys,  &c.,  and  providing  for  the  erection  and  establish- 
ment of  the  same;  which  was  read  and  passed  to  the  second 
reading. 

ARKANSAS   VOLUNTEERS. 

Mr.  BORLAND,  from  the  Committee  on  Military  Affairs,  to 
whom  was  referred  the  memorial  in  behalf  of  certain  Arkansas 
and  other  volunteers,  reported  a  bill  to  allow  pay  and  subsislenco 
to  certain  Arkansas  and  other  volunteers,  who  have  been  prisoners 
of  war  in  Mexico ;  which  was  read  and  passed  to  the  second 
reading. 

RAILROAD  TO  THE  PACIFIC 

Mr.  BORLAND,  from  the  Committee  on  Public  Lands,  to 
whom  the  memorial  of  Asa  Whijney  was  referred,  submitted  a 
report,  accompanied  by  a  joint  resolution,  to  require  the  Secretary 
of  War  to  cause  a  survey  and  exploration  of  routes  for  a  railroad 
from  the  Mississippi  river  to  the  Pacific  ocean. 

The  resolution  was  read  and  passed  to  the  secoiiS  reading. 

Ordered,  That  the  report  be  printed. 

PRIVATE    BILL. 

Mr.  DOWNS,  from  the  Committee  on  Private  Land  Claim*,  to 
wliom  was  referred  the  petition  of  Robert  W.  Richardson,  sub- 
mitted a  report,  accompanied  by  a  bill,  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

MAIL   CONTRACTORS. 

Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  to  whom  was  rol'erred  the  joint  resoluuou  for  the  ralief  of 
such  persons  as  may  have  incurred  the  disability  of  the  2Sth  sec- 
tion of  the  act  to  change  the  organization  of  the  Post  Olfice  De- 
partment, and  to  provide  mijre  efrectnally  for  the  settlement  of  j 
the  accounts  tbereofj  reported  the  same  without  aiuendmeat. 


June  26.] 


THE  OREGON  BILL; 


•771 


The  Senate  proceeded  fo  consider,  as  in  Committee  of  tha 
TVliole,  the  joint  resolation  last  mentioned;  and, 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  was 
Ordered,  That  the  further  consideration   thereof  be  postponed 
until  to-monow. 

HECONSIDERATION. 

The  Senate  proceeded  to  consider  the  motion  submitted  yester- 
day by  Mr.  ATHERTON,  to  reconsider  the  vote  on  agreeing  to 
the  motion  of  ]\Ir.  Yulee  to  refer  to  the  Committee  on  Naval 
Affairs  so  much  of  the  bill  making  appropriations  for  the  naval 
eervice  for  the  year  ending  30th  June,  184!),  as  relates  to  the  dis- 
cipline and  organization  of  the  navy,  and  improvements  of  navy 
yards;  and  the  motion  by  Mr.  AniERToNwas  agreed  to. 

Mr.  TULEE  had,  thereupon,  leave  to  withdraw  his  motion; 
saying  that  he  would  examine  further  into  the  subject  and  renew 
it,  if  he  should  deem  it  proper  to  do  so,  hereafter. 

MESSAGE  FROM   THE    HOUSE. 

The  foUowmg  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  Presi'lrnt :  The  House  of  Represpntatives  have  passed  a  hill  conccrnin!»  the 
takinfj  of  ol)ici:il  oiiths  in  Ijie  District  of  Columbia;  in  which  tiiey  request  the  conear- 
rence  of  the  Senate, 

The  Speaker  of  (he  House  of  Represpnlatives  havin?  sifjned  an  enrolled  bill,  I 
am  directed  to  bring  it  to  the  Senate  for  the  signature  of  their  President. 

TAKIKG  OF  OFFICIAL  OATHS  IN  THE  DISTRICT  OF  COLUMBIA. 

The  bill  from  the  House  of  Representatives  concerning  the  ta- 
king of  oHicia!  oaths  in  the  District  of  Columbia,  was  read  the 
first  and  second  times,  by  unanimous  consent,  and  considered  as 
in  Committee  of  the  Whole;  and  no  amendment  being  made,  it 
was  reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time,  by  unanimous  consent. 

Resolved,  That  this  bill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

THE    OREGON    BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  consi- 
deration of  the  bill  to  establish  the  territorial  government  of 
Oregon. 

Mr.  DIX. — Mr.  President :  During  the  present  session  of  Con- 
gress, propositions  have  been  repeatedly  introduced  into  the  Sen- 
ate involving  the  question  of  slavery.  I  have  abstained  from  all 
participation  in  the  discussions  to  which  they  have  given  rise,  be- 
cause I  considered  them  as  abstract  propositions  having  no  direct 
practical  bearing  or  efl'ect.  The  measure  before  us  is  of  a  differ- 
ent character.  It  contemplates  an  act  of  legislation  ;  it  proposes 
a  law  containing  provisions  to  be  enforced  and  to  control  the  in- 
habitants of  a  district  of  country  more  than  two  hundred  thousand 
square  miles  in  extent.  By  this  act  we  are  literally  laying  the 
fonnilations  of  a  future  empire.  It  is  a  subject  eminently  prac- 
tical ;   and  therefore  I  speak. 

The  <iuestioiis,  to  which  the  discussion  of  the  hill  has  given  rise, 
are  of  the  hiirliest  inomcnt.  They  concern  the  power  ot^Congress 
over  the  territory  belonging  to  the  Unitetl  States,  and  especially 
in  respect  to  slavery  in  such  territory.  Nor  is  this  all.  They  in- 
volve not  only  the  authority  of  Congress,  under  the  constitution,  to 
regulate  the  domestic  concerns  of  the  persons  inhabiting  or  occupy- 
ing the  public  domain,  beyond  the  limits  of  the  Slates,  but  tliey 
may  affect,  for  an  indefiiiite  period,  the  social  and  political  condi- 
tion of  a  ntire  communities.  They  may  vitally  concern  the  pros- 
perity of  the  future  millions  who  are  to  fill  the  valleys  and  cover 
the  hills  of  Oreson  ;  and  it  is  due  to  the  magnitude  of  the  subject, 
that  It  should  be  discussed  with  calmness  and  without  asperity  ei- 
ther of  feeling  or  of  language.  Conducted  in  such  a  spirit,  dis- 
cussion, even  if  it  were  unnecessary,  could  not  do  hann,  however 
widely  we  may  differ,  or  however  delicate  the  questions  with 
which  it  has  to  deal.  Indeed,  it  is  always  possible  the  very  con- 
flict of  opinion  may  strike  out  lisht  and  truth,  and  furnish  a  basis 
for  an  aiuicable  adjustment  of  differences,  which  would  otherwise 
have  been  irreconcilable.  It  may  be  a  vain  hope  to  expect  to  har- 
monize those  who  are  now  so  wide  apart ;  but  if  it  prove  a  delu- 
sion, it  may  nevertheless  be  profitable  to  indulge  it.  It  may,  at 
least,  serve  to  moderate  the  tone  of  discussion. 

In  the  course  of  the  debate  on  this  and  other  kindred  topics,  va- 
rious propositions  have  been  advanced  ;  and  they  have  been  sus- 
tained with  distinguished  ability.  Some  of  these  propositions  are 
repetitions  of  the  same  general  assumption  under  different  phases. 
For  instance,  it  has  been  assumed  that  the  citizens  of  any  State  in 
the  Union  have  a  right  to  go  into  any  territory  belonging  to  the 
United  Sia.tes.  and  take  with  them  whatever  is  recognized  as  pro- 
perty by  the  local  law  of  the  State  from  which  ihcy  migrate.  It 
is  also  assumed  that  the  inhabitants  of  a  territory  cannot,  by  any 
legislative  enactment,  prevent  the  citizens  of  any  State  in  the 
Union  f^'om  coming  into  the  territory  with  whatever  the  local  law 
of  snoh  State  recognizes  as  property.  These  are  little  else  than 
■  verbal  modifiations  of  the  same  proposition  ;  or,  at  least,  the  one 
is  a  necessary  consequence  of  the  other.     On  the  other  hand,  it  is 


contended  that  the  Inhabitants  of  a  territory  belonging  to  tho 
United  States  have  an  inherent  right  to  regulate  their  own  domes- 
tic concerns  for  themselves,  wherever  the  jurisdiction  of  the  soil 
they  inhabit  may  reside,  and  without  being  overruled  by  the  sove- 
reign political  power,  to  which  they  are  subordinate. 

There  is  a  question  which  lies  beyond  all  these  propositions, 
and  which,  if  it  can  be  satisfactorily  answered,  must  be  decisive  of 
them  all,  because  it  includes  them  all.  Has  Congress  the  right, 
under  the  constitution,  to  legislate  for  the  territory  of  United 
States,  organize  governments  for  the  inhabitants  residins  in  such 
territory,  and  regulate  within  it  all  matters  of  local  and  domestic 
concern  ?  I  believe  this  question  can  be  satisfactorily  answered  in 
tho  affirmative  ,  that  the  power,  to  this  unlimited  extent,  can  be 
sustained — 1st,  by  cotemporaneous  exposition  of  the  meanino;  of 
the  constitution  and  the  intention  of  its  framers  ;  2d,  by  judicial 
interpretation  ;  and  3d,  by  tho  whole  practice  of  the  government, 
from  its  foundation  to  the  present  day. 

This  is  the  fundamental  question  t  propose  first  to  discuss.  I 
shall  lay  aside  all  consideration  of  subordinate  propositions. — 
These  necessarily  fall,  if  the  other  can  bo  established.  My  pur- 
pose is,  to  attempt  to  establish  it ;  and  in  all  I  have  to  say  I  shall 
endeavor  to  bo  strictly  argumentative. 

The  power  of  regulating  all  matters  concerning  the  public  do- 
main I  think  may  be  fairly  considered  a  necessary  incident  to  the 
power  of  acquiring  territory  ;  and  this  not  only  in  respect  to  tha 
disposition  which  may  bo  made  of  the  naked  s'oil,  as  it  has  been 
denominated,  but  in  respect  to  the  classes  of  persons  who  are  per- 
mitted to  occupy  it,  and  the  conditions  of  the  occupation.  I  con- 
sider this  unrestricted  power,  as  an  inseparable  incident  of  sove- 
reignty, to  be  exercised  by  th»  supreme  authority  of  the  organized 
community  or  State  in  which  it  resides.  The  power  of  acquisition 
is  ilself  unrestricted  by  the  terms  of  our  social  compact,  so  far  as 
the  objects  of  acquisition  are  concerned.  It  is  incidental  also.  It 
is  derived  from  the  power  of  making  war  and  treaties  ;  and  the 
limits  to  the  exercise  of  these  powers  are  to  be  found  in  funda- 
mental rules  and   principles  applicable   to  all  organized  societies. 

But  I  do  not,  for  tho  purposes  of  my  argument,  place  the  pow- 
er on  this  ground.  I  assign  to  it  an  origin  less  likely,  I  think,  to 
bo  questioned.  I  place  it  on  that  provision  of  the  constitution 
which  gives  Congress  "  power  to  dispose  of  and  make  all  needful 
rules  and  regulations  respecting  the  territory  or  other  property 
belonging  to  the  United  States." 

I  am  aware  that  this  clause  of  the  constitution  has  recently  re- 
ceived a  construction  which  confines  the  action  of  tho  government 
in  respect  to  the  public  deinain  to  the  narrowest  possible  limits — 
a  construction  which  leaves  to  Congress  the  mere  right  to  regu- 
late the  mode  in  which  the  public  land  shall  be  surveyed,  brought 
into  market,  and  sold,  without  any  power  to  regulate  the  political 
or  municipal  affairs  of  those  who  settle  upon  it,  while  they  are  ac- 
quiring the  requisites  usually  exacted  as  conditions  of  their  admis- 
sion into  the  Union.  This  construction  is  subversive  of  every  idea 
of  sovereignty  in  the  State  (I  use  the  word  in  its  largest  sense) 
as  the  owuer  of  the  soil.  It  reduces  the  government  of  the  United 
States  to  the  condition  of  a  mere  individual  proprietor  of  land, 
without  a  single  attribute  of  political  power.  Such  a  consequence 
could  never  have  been  contemplated  by  the  framers  of  the  consti- 
tution as  likely  to  be  drawn  from  the  clause  in  question.  On  tho 
contrary,  I  am  satisfied  they  regarded  it  as  conferring  a  power  of 
the  most  plenary  na'ure.  1  shall  endeavor  to  make  this  apparent 
to  the  Senate  ;  and  in  doing  so,  it  will  be  necessary  to  look  at  the 
history  of  the  clause  of  the  constitution  referred  to. 

On  the  18th  of  August,  1787,  Mr.  Madison  introduced  into  tha 
federal  convention,  tlien  engaged  in  framing  tho  constitution,  a  se- 
ries of  propositions,  in  order  to  be  referred  to  the  Committee  of 
Detail.     Among  them  were  these:     To  authorize  Congress — 

"  To  dispose  of  the  unnppropriated  lands  of  the  United  Slates. 

"  To  institute  temporary  governments  for  new  Stales  arising  therein'" 

On  the  22d  of  August,  Mr.  Rutledge,  from  tho  Committee  of 
Detail,  made  a  partial  report  on  Mr.  Madison's  propositions,  and 
on  others  submitted  by  Mr.  Pickney  on  the  20ih.  Mr.  Madison's 
propositions,  above  quoted,  providing  for  the  disposal  of  the  un- 
appropriated lands  and  the  institution  of  temporary  governments 
for  new  States  arising  therein,  were  not  reported  by  thecommiitee. 
But,  on  the  30th  of  August,  Mr.  Gouveneur  Morris  introduced  tho 
clause  respecting  the  territory  belonging  to  the  United  Stales, 
which,  with  a  few  immaterial  verbal  alterations,  is  now  a  part  of 
the  constitution.  Alter  Mr.  Luther  Martin  had  offered  an  amend- 
ment, which  was  rejected,  the  clause  was  adopted,  Maryland 
alone  dissenting. 

It  may  not  distinctly  appear  at  first  glance  what  Mr.  Madison 
designed  by  the  institution  of  temporary  governments  for  "new 
States  arising  within"  the  unaiipropriated  lands.  It  might  be 
supposed  that  he  intended  to  provide  for  their  temporary  govern- 
ment as  States  after  their  erection  or  formation.  But  those  who 
are  familiar  with  the  parliamentary  phraseology  of  that  day,  will 
have  BO  doubt  that  the  term  States  was  used  as  we  now  employ 
the  term  territories. 

But  be  this  so  or  not,  it  is  certainly  not  fair  to  say,  as  has  been 
said,  that  it  shared  the  late  of  the  proposition  to  confer  upon  Con- 
gress the  power  to  grant  charters  of  incorporation,  to  establish  a 
university,  and  to  construct  canals,  &c.  These  propositions  were 
distinctly  presented  to  Congress,  and  formally  and  deci.sivcly  ne- 
gatived by  a  direct  recorded  vote,  as  may  be  seen  by  referring  to 
the  proceedings  of  tho  convention  on  the  14th  of  September. 

It  was  not  so  with  Mr.  Madison's  proposition  in  respect  to  tha 


nn 


THE  OREGON  BILL. 


[Monday, 


unappropriated  lands  of  the  United  States.  The  most  that  can 
be  said  is  that  the  committee  were  not  in  favor  of  it  in  its  original 
form.  There  \vas  no  vote  on  it  in  that  form  in  convention — no  re- 
jection. Tlie  proposition  of  Mr.  Morris,  which  is  now  a  part  of 
the  constitution,  was  manifestly,  from  its  terms,  as  well  as  the  cir- 
cumstances and  the  subject  matter,  intended  as  a  substitute  for  it. 
It  was  adopted  almost  without  opposition.  The  power  it  is  con- 
strued to  confer  has  been  exercised  from  the  earliest  period  in  our 
history.  The  attention  of  the  convention  was  distinctly  dr.awn  to 
the  subject  by  Mr.  Madison;  and  it  is  difficnlt  to  believe  that  an 
authority  so  i^eneral  as  that  of  making  "  all  needful  rules  and  re- 
{.'ulations"  respecting  the  territory  belonging  to  the  United  States, 
(the  term  regulations  being  used  at  that  time  much  as  we  now 
use  the  terra  laws,)  could  liave  been  conferred  without  question,  if 
it  had  been  intended  to  witlihold  the  power  of  providing  for  the 
government  of  the  individuals  inhabiting  it,  until  they  were  admit- 
ted into  the  Union. 

On  the  13th  of  Jidy  preceding,  the  Congress  of  the  confedera- 
tion had  passed  the  celebrated  ordinance  of  17S7,  in  relation'to  ihe 
territory  northwest  of  the  Ohio  river.  This  fact  could  liardly 
have  been  unknown  to  the  members  of  the  convention.  Congress, 
it  is  true,  was  sitting  in  New  York,  while  the  convention  sat  in 
Philadelphia.  I  believe  the  proceedings  of  both  were  with  closed 
doors;  but  the  members  of  the  latter  were  doubtless  made  ac- 
quainted with  the  proceedings  of  the  other.  This  fact — the  coin- 
cidence in  point  of  time — may  have  some  slight  hearing  upon  the 
intention  of  the  clause  giving  Congress  power  to  dispose  of  and 
make  needful  rules  and  regulations  respecting  the  territory  be- 
longing to  the  United  States. 

The  opinion  of  Mr.  M-adison  has  been  quoted  to  prove  the  ille- 
gality of  the  ordinance  of  1787.  This  being  conceded,  it  cannot 
by  any  supposed  consequence  or  analogy  have  any  bearing  on  the 
power  of  legislation  by  Congress,  under  the  constitution,  in  res- 
pect to  the  prohibition  of  slavery  in  the  territories  of  the  United 
States.  The  ordinance,  as  we  know,  was  passed  by  Congress 
under  the  articles  ol  confederation,  though  it  was  ratified  by  the 
first  Congress  which  assembled  under  the  constitution.  Any  in- 
ference from  the  proceedings  of  the  one,  so  far  as  the  question  of 
power  is  concerned,  would  be  wholly  inapplicable  to  the  otlici. 
liut  I  hold,  and  shall  endeavor  to  show,  that  the  very  argument  in 
which  Mr.  Madison  denied  the  authority  of  Congress,  under  the 
articles  of  confederation,  to  pass  the  ordinance  of  1787,  had  for  its 
object  to  prove  the  necessity  of  such  a  power  in  Congress  under 
the  constitution,  and  that  it  proceeded  upon  the  supposed  exist- 
ence of  the  power. 

The  usual  reference  to  prove  the  illegality  of  the  ordinance  is  to 
the  opinion  of  Mr.  Madison,  in  the  38th  number  of  the  Federalist, 
which  was  written  by  him.  I  will  read  an  extract  from  it  referring 
to  the  western  territory  : 

"We  may  calculate,  therefore,  that  a  rich  and  fertile  country,  of  an  area  eqnal  to 
the  iiihal)ile(l  extent  of  Uie  United  States,  wiil  soon  become  a  n.ltionaI  stock.  They 
have  begun  to  remler  it  productive.  Congress  liave  undertalien  to  do  more  :  tliey 
have  proceeded  to  form  new  States  ;  to  erect  temporary  goverunietits  ;  to  appoint  of- 
ficers for  them  ;  and  to  prescribe  the  conditions  on  uliirb  sncii  Slates  shall  he  admit- 
ted into  the  confederacy.  All  this  has  been  done,  and  done  williout  tbe  least  color  of 
constitutional  autliorily." 

What  was  the  object  of  this  reference  '  Was  it  to  pass  a  use- 
less comment  upon  the  conduct  of  Congress  in  exceeding  its  pow- 
er.s  ?     By  no  means.     He  adds  : 

"  I  mean  not  by  any  tiling  here  said  to  throw  censnre  on  themeasores  pursued  by 
ron;,'ress.  I  am  sensii)le  they  eoiiid  not  have  done  otherwise.  TJie  )tublic  interest, 
tile  necessity  of  the  case  itiiposed  upon  them  the  task  of  overleaping  tlieir  constitution- 
al limits.  But  is  not  the  liict  an  ahiriniug  proof  of  the  danger  resulting  from  a  Gov- 
enimcnt  wjiicli  does  not  possess  regular  jiowers  commensurate  to  its  objects  ?" 

The  whole  article  taken  together,  and  not  judged  by  a  single 
extract  appears,  to  me  to  lead  almost  irresistibly  to  the  conclusion 
that  Mr.  Madison  regarded  the  new  system  of  government,  the 
constitution,  as  supplying  defects  which  had  led  to  abuse  and 
usurpation  under  the  old,  the  confederation  :  that  he  considered  the 
former  as  remedying  the  very  defeois  which  had  imposed  on  Con- 
gress the  necessity  of  overleaping  the  constitutional  limits  of  their 
power  ;  that  he  viewed  the  provision  of  the  constitution  authoriz- 
ing Congress  "  to  dispose  of,  and  make  all  needful  rules  and  reg- 
ulations respecting,  the  territory"  of  the  United  States,  as  confer- 
ring the  power  which,  in  his  opinion.  Congress  had  usurped,  and 
as  giving  legality,  under  the  constitution,  to  proceedings  which  he 
condemned,  under  the  confederation,  as  void  of  constitutional  au- 
thority. 

Happily,  sir,  we  are  not  left  to  mere  inference  in  respect  to  the 
opinions  of  Mr.  Madison  on  this  point.  If  we  turn  to  the  43d 
number  of  the  Federalist,  also  written  by  him,  wo  sh.all  find  a  di- 
rect reference  to  the  clause  in  the  constitulion  concerning  the  ter- 
ritory of  the  United  States.  If  there  were  any  doubt  before,  I 
think  this  would  dissipate  it.  He  is  speaking  of  certain  powers 
conferred  on  Congress  by  the  constitution.     He  siiys  : 

"  The  eventual  establishment  of  new  Stales  seems  to  have  been  overlooked  by  tlio 
compilers  of  that  instrument,  f  articles  of  confederation. J  We  have  seen  the  inconve- 
nience of  tliis  omission,  and  the  .assumption  of  power  into  which  Congress  b.ave  been 
led  Iiy  it.  With  great  propriety,  thererore,  has  Uie  new  system  supjilied  lire  de- 
fect." 

He  next  quotes  the  clause  giving  Congress  "  power  to  dispose 
of,  and  make  all  needful  rules  and  n!gulations  respecting,  the  ter- 
ritory" of  the  United  States,  and  adds  : 

"  This  is  a  power  of  very  gical  importance,  and  required  by  cousiilerations  similar  to 
tho^c  wbich  show  tlie  propriety  of  the  former." 

Iiy  the  former,  is  meant  the  power  of  admitting  uew  States  into 


the  Union — a  power  which  he  had  adverted  to  as  supplying  a  de- 
fect in  the  articles  of  confederation,  and  as  avoiding  the  evil  of 
usurping  the  exercise  of  an  indispensable  authority.  Would  he  have 
denominated  it  a  "  power  of  very  great  importance,"  if  he  had  re- 
garded it  as  limited  to  a  mere  sale  of  tlie  public  lands  ?  Would  he 
have  said  it  was  required  by  considerations  similar  to  those  which 
show  the  propriety  of  the  former" — the  admission  of  new  States — 
unless  he  hatl  considered  it  as  having  '•  supplied  a  defect,"  as  in 
the  other  case  to  which  he  had  referred,  and  empowered  Congress 
to  do  what  it  had  done  in  respect  to  the  northwestern  territory 
without  authority  ?  There  were  other  territories  beside  that  north- 
west of  tho  Ohio  to  be  provided  for.  South  Carolina  had  at  that 
very  time  ceded  to  the  United  States  her  interest  in  ihe  territory 
east  of  the  Mississippi,  now  comprised  in  the  Slates  of  Mississippi 
and  Alabhma;  North  Carolina  and  Georgia  were  expected  to  cede 
what  now  constitutes  Tennessee,  and  the  residue  of  Mississippi  and 
Alabatna.  Mr.  Madison,  in  the  3Sth  number  of  the  Federalist, 
written  a  year  after  the  ordinance  of  1787  was  adopted,  obviously 
alludes  to  those  two  last  cessions  as  reasonably  to  be  expected. 
How  were  these  territories,  and  that  which  South  Carolina  had 
ceded  to  be  provided  for — how  were  temporary  governments  to  be 
erected — -how  were  officers  to  be  appointed  for  them — how  was 
the  authoriiy  of  the  United  States  lo  be  extended  over  them? 
Was  it  not  under  the  clause  of  the  constitution  authorizing  "  all 
needful  rules  and  regulations"  to  be  made  ?  Was  it  not  in  con- 
templation of  these  organic  arrangements  for  the  communities 
which  were  to  arise  within  tho  territory  then  .acquired,  and  expect, 
cd  to  be  acquired,  that  Mr.  Madison  pronounced  that  clause  as 
conferring  "  a  power  of  veiy  great  importance?" 

If  we  take  these  two  numbers  of  the  Federalist,  (the  38th  and 
the  43d,)  the  reasonings  of  which  are  directly  connected  by  him- 
self, in  conjunction  with  his  subsequent  participation  in  legislative 
acts,  by  which  the  ordinance  of  1787  was  enforced,  and  similar 
provisions  were  applied  to  other  portions  of  the  public  domain,  his 
interpretation  of  the  constitution,  in  respect  to  the  powers  of  Con- 
gress over  tho  territory  of  the  United  States,  cannot  well  be  doubt- 
ed. But,  if  any  lingering  doubt  should  remain  in  respect  to  Mr. 
Madison's  opinion  as  to  the  right  of  Congress  to  legislate  in  respect 
to  the  municipal  concerns  of  the  persons  residing  upon  the  territo- 
ry belonging  to  the  United  States,  it  will  be  removed  by  his  de- 
claration in  Congress  in  1790,  that,  though  Congress  was  restrict- 
ed by  the  constitution  from  taking  measures  to  abolish  the  slave 
trade,  yet  there  was  a  variety  of  ways  in  which  it  could  counte- 
nance abolition,  "  and  regulations  might  be  made  in  relation  to 
tho  introduction  of  them  [slaves]  into  the  new  States  to  be  formed 
out  of  the  western  territory." 

I  have  been  thus  particular  in  explaining  Mr.  Madison's  opin- 
ion, not  only  on  account  of  the  high  authority  which  it  carries  with 
it,  hut  because,  from  the  manner  in  which  it  has  been  cited,  it 
might  seem  to  support  conclusions  which,  in  my  judgment,  derive 
no  strength  from  it  whatever. 

Let  me  now  call  the  attention  of  the  Senate  to  the  acts  of  Con- 
_  gress  by  which  this  construction  of  the  constitution  is  supported, 
for  the  purpose  of  exhibiting  the  forcD  it  derives  from  legislative 
precedents. 

I.  The  ordinance  of  1787  was  recognized  by  chapter  8,  1st  ses- 
sion 1st  Congress.  The  preamble  recites  that  "  it  is  requisite  cer- 
tain provisions  should  be  made,"  &c.,  in  order  that  the  said,  ordi- 
nance may  contintte  to  have  full  eflect."  There  was  no  division  in 
either  House  upon  its  passage.  There  seems  to  have  been  no  ob- 
jection to  it.  Mr.  Madison's  name  occurs  on  the  Journal  of  the 
proceedings  of  the  day  on  which  the  bill  passed  the  House,  of 
which  he  was  a  member.  He  was  doubtless  present,  and  concur- 
red in  the  measure. 

This  first  precedent  which  I  cite,  has  all  the  force  of  cotempo- 
raneous  exposition.  It  is  coeval  with  tho  birth  of  the  new  govern- 
ment. It  may  be  almost  denominated  the  work  of  the  framers  of 
the  constitution.  It  is  recorded  among  the  earliest  acts  by  vi-hich 
that  instrument  was  put  in  operation.  It  is  one  of  the  first  foot- 
steps by  which  the  movement  of  the  new  government  is  to  be  tra- 
ced out  of  the  darkness  in  which  its  dawn  was  enveloped,  into  tho 
clear,  broad  sunlight  of  its  stability  and  strength.  The  act  was 
signed  by  General  Washington. 

That  the  ordinance  was  not  deemed  by  its  framers,  or  by  the 
Congress  which  continued  it  in  force,  incompatible  with  any  degree 
of  freedom  from  restraint,  which  may  be  justly  claimed  as  essential 
to  political  liberty,  is  apparent  from  the  terms  of  the  instrument 
itself.  The  articles,  of  which  the  sixth  and  last  prohibited  slave- 
ry, were  expressly  declared  to  be  adopted, 

— "  for  e,\tending  the  fundamental  principles  of  civil  and  religious  liberty,  which  form 
tho  basis  whereon  these  rejniblies,  their  laws  and  constitutions,  areerceted  ;  to  fix  and 
establish  those  principles  as  the  basis  of  all  laws,  couslitutions,  and  governments, 
wliieh  forever  hcreafier  shall  be  formed  in  the  said  territory  ;  to  provide  also  for  the 
esfablishmeut  of  States,  and  iiermaiient  government  therein,  and  for  their  admission 
to  a  share  in  tbe  federal  councils  on  an  equal  footing  with  the  original  States,  at  a3 
early  periods  as  may  be  consistent  with  the  general  interest." 

Several  considerations  suggest  themselves  in  connection  with  this 
subject. 

1.  Neitlier  the  framers  of  the  ordinance  nor  the  first  Congress 
considered  the  perpetual  prohibition  of  shivery  in  tho  northwestern 
territory  inconsistent  with  the  admission  of  the  Slates  to  be  formed 
out  of  it  into  the  Union  on  "  an  equal  footing  with  the  original 
Stales."  Neitlier  tho  actual  tenure  of  slaves,  nor  the  right  to  hold 
them,  ootiKl  have  been  consiilcred  essential  to  tho  full  fruition  of 
tho  political  liberty  which  the  States  possessed  as  members  of  the 
Union. 

2.  Tho  prohibition  was  not  considered  inconsistent  with  tho 


June  26  .J 


THE  OREGON  BILL. 


773 


terms  of  cession  of  tho  territory  by  Virginia  in  1784,  which  re- 
quired tiiat  the  States  to  be/forraed  out  o(  it  should  be 

— "  repoblican  States,  anti  admitted   members  of  tha  federal  Uuion,  havio"  the  same 
rights  of  sovereignty,  freedom,  and  independence."  " 

These  rights  of  sovereignty,  freedoin,  and  independence,  there- 
fore, which  the  members  of  tlie  federal  Union  t;n\oyvi],  were  by 
the  Congress  of  the  confederation,  and  the  first  Congress,  deemed 
fully  possessed,  although  the  right  to  hold  slaves  was  prohibited. 
Virginia  conctirred  in  passing  tbe  ordinance  in  the  Coni;ress  of  the 
confederation  in  1787,  and  in  eonlinuing  it  in  force  in  tl's  first  Con- 
gress under  the  constitution  in  1789. 

VVhatever  doubt  thgre  may  be  as  to  tho  original  validity  of  tho 
ordinance,  I  believe,  its  authority  has  always  been  respected  by 
responsible  tribunals.  I  will  read  a  decision  from  the  Supreme 
Court  of  Louisiana,  in  tho  ca.«e  of  Merry  vs.  Chcxuaider,  8  Mar- 
tin's Reports,  (new  series,)  699  : 

"jjppealfrom  the  court  of  the  First  District. 

'■  Porter.  J.,  delivered  tho  opinion  of  the  court.  The  plaintift'.sues  in  this  action  to 
recover  his  freedom,  and  from  the  evidence  on  record  is  ciearlv  entitled  to  it.  lie  was 
bom  in  the  norlhweslern  territory  since  the  enactment  of  Con:.'ru>-s.  in  1787.  of  the  or- 
dinance for  the  government  of  llint  conn  try.  according  to  tile  Hlh  rirlicle  of  which  thera 
could  be  therein  neither  slavery  nor  involuntary  servitude,  'i'iiis  ordinance  fi.ted  for- 
ever the  ejiaracterof  the  [lopnlation  in  the  region  over  which  it  is  extended,  and  takes 
away  all  fuiindalion  from  the  claim  set  up  in  this  instance  by  the  defendant.  The  act 
of  cession  by  Virginia  did  not  deprive  Congress  of  the  iiower  to  make  such  a  rcgnla- 
Lion. 

"  It  is  therefore  ordered,  adjudged,  and  decreed,  that  the  judgment  of  tlie  district 
COUit  he  atfirmed  with  costs. 

This  decision  was  pronounced  in  1830,  and  it  fully  sustains  the 
view  of  the  subject  I  have  taken. 

II.  On  the  7th  of  April,  1798,  an  act  was  passed  for  an  amica- 
ble settletuent  of  limits  with  the  Slate  of  Georsia,  and  authoriz- 
ing the  establishment  of  a  government  in  the  Mississippi  territo- 
ry. This  act  authorized  the  President  to  establish  therein  a  gov- 
ernment in  all  respects  similar  to  that  in  tho  territory  northwest 
of  the  Ohio  river,  except  the  sixth  article  of  the  ordinance  of  1787. 
It  then  prohibited  tho  importation  of  slaves  into  the  territory  from 
any  place  without  the  limits  of  the  UnitetJ  States.  This  act  was 
passed  ten  years  (less  a  few  months)  before  Congress  was  autho- 
rized by  the  eonsiitution  to  prohibit  the  importation  of  slaves  into 
the  States  which  were  originally  parties  to  the  federal  compact. 
This  provision  of  the  constitution  applied  only  to  tho  then  existing 
States.  It  did  not  extend  to  the  States  thereafter  to  be  formed, 
or  to  the  territories  of  the  United  States  ;  a  fact  of  the  highest  im- 
portance, if  it  is  to  be  regarded  as  a  limitation  of  a  vested  power. 
The  exercise  by  Congress  of  the  power  of  prohibiting  the  intro- 
diiclion  of  slaves  into  tho  Mississippi  territory  from  foreign  coun- 
tries appears  to  have  passed  without  opposition.  I  find  no  divi- 
sion in  either  house  on  that  clause  of  the  bill.  This  fact  shows  the 
undisputed  interpretation  put  at  that  day  on  the  constitution  of  the 
United  States  in  respect  to  the  powers  of  Congress  over  every 
matter  of  domestic  concern  in  the  territory  belonging  to  the  Uni- 
ted States,  and  especially  over  the  subject  of  slavery,  the  most  de- 
licate of  all.  There  was  a  direct  exercise  by  Congress,  in  respect 
to  the  territories,  of  a  power  which  was  positively  prohibited  in 
respect  to  the  States  existing  at  the  adoption  of  tbe  constitution. 
This  act  passed  under  the  administration  of  the  elder  Adams. 

III.  At  the  first  session  of  the  6th  Congress,  chapter  41,  laws 
of  1800,  an  act  was  passed  to  divide  the  territory  belonging  to  the 
United  States  northwest  of  tho  Ohio  river  into  two  separate  gov- 
ernments. This  act  created  a  territorial  government  for  Indian.a 
in  all  respects  similar  to  that  provided  by  tbe  ordinance  of  1787 
for  the  government  of  the  northwest  territoiy.  This  precedent 
reaffirms  the  principle  contained  in  the  ordinance.  The  act  was 
signed  by  the  elder  Adams. 

IV.  On  the  26th  of  March,  1804,  an  act  was  passed  dividing 
Louisiana  into  two  territories,  and  providing  for  the  temporary 
government  thereof.  All  that  part  of  the  territory  south  of  the 
33d  parallel  of  latitude,  now  the  southern  boundary  of  Arkansas, 
was  erected  into  the  territory  of  Orleans 

The  10th  section  of  the  act  had  three  provisions  in  respect  to 
slavery  in  the  territory:  1.  The  importation  of  slaves,  from  any 
place  without  the  limits  of  the  United  States,  was  piohibited;  2. 
The  importation,  from  any  pbace  within  the  limits  of  the  United 
States,  of  slaves  imported  since  the  1st  May,  1798,  was  prohibited; 
and.  3.  The  importation  of  slaves,  except  by  a  "citizen  of  tho 
United  States  removing  into  said  territory  for  actual  settlement, 
and  being  at  the  time  of  such  removal  bona  fide  owner  of  such 
slaves,"  was  prohibited. 

When  this  section  was  under  discussion  in  the  Senate,  a  motion 
was  made  to  strike  out  tbe  last  clause,  and  it  was  negatived  by  a 
vote  of  19  to  9.  Among  the  votes-  in  the  negative  were  John 
Breckenridge  and  John  Brown  of  Kentucky,  Jes.see  Franklin  of 
North  Carolina,  James  Jackson  of  Georgia,  Sainuel  Smith  of 
Maryland,  'I'homas  Sumptcr  of  South  Carolina,  William  H.  Wells 
and  Samuel  White  of  Delaware;  8  of  the  19  from '  slaveholding 
States. 

The  House  journal  does  not  show  any  opposition  to  this  section. 
The  vote  on  the  final  passage  of  the  bill  was  66  yeas  and  21  nays. 
Of  the  latter,  only  7 — one-third,  of  the  whole  number — were  from 
slaveholding  States 

The  territory  of  Orleans  appears  to  have  remained  subject  to 
these  restrictions — at  least  all  but  the  first — until  1812,  when  it 
was  erected  into  a  State,  with  the  name  of  Louisiana.  At  least  I 
can  find  nothing  to  the  contrary.  On  the  2d  March,  1805,  an  act 
further  providing  fqr  the  government  of  tho  territory  -was  passed, 
by  which  the  ordinance  of  1787  was  applied  to  it,  except  tbe  sixth 


article,  prohibiting  slavery  forever,  and  so  much  of  tbe  second 
paragraph  as  regulated  the  descent  and  distribution  of  estates. 
But,  by  the  8th  section  of  the  act,  the  act  of  March  26,  1804,  di- 
viding tbe  territory  of  Louisiana,  which  was  limited  in  its  opera- 
tion to  one  year  and  to  the  end  of  the  next  session  of  Congress 
thereafter,  was  continued  in  full  force  until  repealed,  excepting  so 
far  as  it  was  repugnant  to  the  act  of  1805.  The  restrictions  on 
the  importation  of  shaves  were  not  repugnant  to  that  act,  and  they 
must  have  been  continued  in  operation.  I  slate  this  fact  because 
it  has  been  supposed  and  asserted  that  the  act  of  1804  was  re- 
pealed the  next  year;  as  though  Congress  had  passed  it  inconsid- 
erately, and  had  thus  early  become  convinced  of  the  illegality  of 
the  restrictions  upon  slavery  which  it  contained.  But  the  con- 
.struction  of  the  act  of  1S05  is  so  obvious  that  the  repeal  cannot  be 
admitted  without  judicial  interpretations  showing  it.  I  find  none. 
On  the  contrary,  I  find  a  decision  of  the  Supreme  Court  of  Louisi- 
ana, showing  that  those  restrictions  were  continued  in  force.  I 
will  read  an  extract  from  it  to  the  Senate: 

"  Formerly,  while  the  act  diviiling  Louisiana  into  two  territories  was  in  force  in 
this  country,  slaves,  introduced  here  in  contravention  to  it,  were  freed  by  operation  of 
law;  but  that  act  was  merged  in  the  legislative  piovisions  which  were  subseijuently 
enacted  on  the  sohject  of  imjinrtalion  of  slaves  into  the  United  States  generally."— 
Oomez  vs.  Bonnecat,  6  Jilartin's  Jiep.^  65G,  (Sup.  Court  of  La.,)  1819. 

The  general  law  referred  to,  went  into  operation  on  the  first  of 
January,  1808.  If,  therefore,  there  was,  as  this  decision  shows, 
a  merger  in  1808,  there  could  have  been  no  repeal  in  1805. 

There  cannot  be  a  stronger  case  to  show  the  control  Congress 
has  exercised  over  the  subject.  Slavery  existed  in  Louisiana  when 
it  was  ceded  to  the  United  Slates.  Congress  did  not  impose  any 
restriction  on  the  tenure  of  slaves  then  held  in  the  territory;  that 
might  have  impaired  vested  rights  of  proprerty  under  the  local 
law,  which  the  United  States  had  covenanted  in  the  treaty  of  ces- 
sion to  maintain  and  protect.  But  Congress  not  only  proceeded, 
at  once,  to  prohibit  the  importation  of  slaves  from  foreign  coun- 
tries, but  to  prohibit  their  introduction  from  the  Slates  of  the 
Union,  excepting  when  accompanying  and  belonging  to  citizens  of 
the  United  States  moving  into  the  territory  to  become  residents. 
This  was  to  impose  restrictions  upon  its  extension,  even  within  the 
territory  in  which  it  existed.  It  was  a  direct  prohibition  of  tho 
domestic  slave  trade.  It  was  an  exercise  of  power,  in  respect  to 
the  territories,  which  Congress  did  not  possess  in  respect  to  the 
States.  It  was  an  anticipation,  by  four  years,  of  the  time  at 
which  Congress  was  authorized  to  prohibit  the  importation  of 
slaves  into  The  original  States.     This  act  was  signed  by  Jefl'erson. 

V.  On  the  llth  Jumiary,  1805,  an  act  was  passed  establishing 
the  territory  of  Michigan,  with  a  government  "  in  all  respects 
similar  to  that  provided  by  the  ordinance  of  Congress,  passed  on 
the  13th  day  of  July,  1787,  for  the  government  of  the  territory  of 
the  United  States  northwest  of  the  river  Ohio." 

VI.  On  the  3d  of  February,  1809,  a  similar  government  was 
established  for  the  territory  of  Uiinos.  These  two  last  acts  also 
passed  under  Mr.  Jefierson's  administration. 

VII.  On  the  4th  of  June,  1812,  an  act  was  passed  "providing 
for  the  government  of  the  territory  of  Missouri,"  and  the  laws  and 
regulations  in  force  in  the  district  of  Louisiana  were  continued  in 
operation. 

Vin.  On  the  3d  March,  1817,  a  government  was  formed  for 
the  territory  of  Alabama,  and  the  laws  then  in  force  within  it  as  a 
part  of  Mississippi  were  continued  in  operation.  These  acts  were 
passed  under  Mr.  Madison. 

IX.  On  the  2d  March,  I8I9,  the  territory  of  Arkansas  was 
formed  from  the  territory  of  .>iissouri,  and  a  government  estab- 
lished for  it. 

X.  On  the  6th  March,  1820,  the  inhabitants  of  Missouri  were 
authorised  to  form  a  constitution  and  State  government,  and  sla- 
very was  prohibited  in  all  that  part  of  the  territory  of  Louisiana 
north  of  36°  30'  north  latitude.  In  this  exercise  of  legislative 
power,  the  greatest  latitude  is  given  to  the  authority  claimed 
under  tbe  clause  of  tho  constitution  respecting  the  territory  of  the 
United  States. 

XI.  On  the  30th  March,  1822,  an  act  was  passed  for  the  estab- 
lishment of  a  territorial  government  in  Florida,  containing  pro- 
visions making  it  unlawful  "  to  import  or  bring  into  the  said  terri- 
tory, from  any  place  without  the  limits  of  the  United  States,"  any 
slave  or  slaves. 

These  three  acts  were  passed  under  Mr.  Monroe's  administra- 
tion . 

XII.  On  the  20th  April,  1836,  an  act  was  passed  "  establishing 
the  territorial  government  of  Wisconsin."  securing  to  the  Aihabi- 
tanls  "  the  rights,  privileges,  and  advantages"  secured  to  the  peo- 
ple of  the  northwestern  territory  by  the  ordinance  of  1787,  sub- 
jecting them  to  "  the  conditions,  restrictions,  and  prohibitions" 
contained  in  said  ordinance,  and  extending  the  laws  of  the  United 
States  over  them.     This  act  was  signed  by  General  Jackson. 

XIII.  On  the  12th  June,  1838,  a  territorial  government  for  Iowa 
was  established,  and  the  laws  of  the  United  Slates  extended  over. 
This  act  was  signed  by  Mr.  Van  Buien. 

And  here,  Mr.  President,  I  close  this  rapid  specification  of  le- 
gislative precedents,  commencing  wiih  the  first  Congress,  and 
runnin::,  with  a  current  of  authority  uninterrupted  and  almost  un- 
opposed, through  more  than  half  a  century,  down  to  the  present 
dav. 

By  looking  through  these  acts,  it  will  be  found  that  the  power 
of  ijoverning  the  persons  occupying  the  territory  belonging  to  the 
United  States  has  been  exercised  by  Congress  in  almost  every 
form,  and  for  a  great  variety  of  purposes,  municipal  as  well  as 


774 


THE  OREGON  BILL. 


[Monday, 


polifioal.  Officers  have  been  appointed,  their  qualifications  pre- 
scribed, the  rif;lit  of  sutfraije  fixed,  limited,  and  extended,  the  de- 
scent and  distribution  of  estates  regulated,  courts  organized  and 
their  powers  defined,  personal  rights  secured,  and,  in  general,  the 
whole  power  of  legislation  has  been  controlled  by  Congress  through 
the  supervision  ii  has  retained  over  the  laws  passed  by  the  legis- 
lative assemblies  of  the  territories. 

Let  me  now  see  how  far  this  exercise  of  legislative  power  has 
been  sanctioned  by  judicial  interpretations.  I  quote  from  decisions 
of  the  Supreme  Court,  the  highest  judicial  tribunal  in  the  United 
States.  Ihat  court,  in  reference  to  tlie  clause  of  the  constitution 
giving  Congress  power  to  dispose  of,  and  make  all  necdiul  rules 
and  regulations  respecting,  the  territory  belonging  to  die  United 
States,  say  : 

"The  power  friven  in  ttiia  clause  is  the  most  plenary  kintl.  Rules  and  recalations 
respecting  the  territory  of  the  United  Slates  ;  lliev  necessarily  confer  complete  jnris- 
diclion.  It  was  necessary  to  confer  it  without  liinilalion,  to  enable  the  new  govern- 
ment to  redeem  the  pledge  given  to  the  old  in  relation  to  the  formation  and  powers  of 
the  new  Slates.— '/Tie  Clieritkee  Jn'atwn  vs.  tlic  Slitc  of  Oeorsia,  5  Peters,  44. 

"The  term  'territory,'  as  here  used,  is  merely  descriptive  of  one  kinil  of  property, 
and  is  equivalent  to  the  word  'landi.'  ;ind  Congress  has  llic  same  power  over  it  as  over 
any  other  property  belonging  to  the  United  States  ;  and  this  power  is  vested  in  Con- 
gress without  liniitalion.  and  has  been  C(»nsi(Iered  the  foundation  upon  which  the  ter- 
ritorial governments  r.'vt.  In  the  case  of  McCulloiigh  vs.  the  Slaie  of  Maryland,  4 
\VheaIon,  42-2,  the  Chief  Justice,  in  giving  the  opinion  of  the  court,  speaking  of  this 
article  and  the  powers  of  Congres  growing  out  of  it,  applies  it  to  tlie  territor:at  go- 
vernments, and  says  all  admit  their  constitutionality.  And  again,  in  the  case  of  the 
American  Insurance  Company  vs.  Canter,  (1  Peters.  .')4'2,)  in  speaking  of  the  cession 
of  Florida  under  the  treaty  witli  Spain,  he  says  that  Florida,  until  she  shall  become  a 
State,  continues  to  be  a  territory  of  the  United  States,  governed  by  virtue  of  that 
clause  in  tlie  constitution  whicli  empowers  Congress  to  make  all  needful  rules  and  re- 
eolations  respecting  the  territory  or  otlier  property  of  the  Ignited  States. —  The  United 
States  vs.  Gratiot  tt  at..  14  Petern,  537. 

"Perhaps  the  power  of  governing  a  lerritory  belonging  to  the  United  States,  which 
has  not,  bv  becoming  a  State,  .acijuired  the  means  of  self-government,  may  result  ne- 
cessarily from  tlie  facts  that  it  is  not  within  the  jurisdiction  of  any  particular 
State,  and  is  within  tho  power  and  jurisdiction  of  the  United  States. — 
The  right  to  govern  may  be  the  inevitable  consequence  of  the  right  to  acquira 
territory.  Whichever  may  he  the  source  whence  the  power  Is  derived,  its  possession  is 
unquestioned." — Chief  Justiec  MarshaU ;  tile  AinericaTi  Insurance  Company  vs. 
Canter,  t  Peters.  ii4'2. 

I  might  refer  to  other  decisions  of  the  court,  in  -which  the  same 
principle  is  recognized,  though  less  directly  perhaps,  but  sustain- 
ing the  same  interpretation  of  the  constitution,  and  giving  validity 
to  the  legislative  precedents  I  have  cited.  Writers  on  constitu- 
tional law  (Rawle,  Sergeant,  Story)  concur  in  this  construction. 
In  short,  it  is  believed  that  no  pnwor  exercised  under  the  constitu- 
tion of  such  magnitude  as  ihat  of  governing  the  territories  belong. 
ing  to  the  United  States  has  been  more  uniformly  aciiuiesced  in 
from  the  formation  of  the  government  to  the  present  (lay,  and  in 
all  Its  departnienis,  legislative,  executive,  and  judicial.  No  sys- 
tem of  rules  would  bo  safe,  if  its  authority  could  be  disputed  and 
overturned,  in  the  face  of  such  comprehensive  and  long  continued 
sanctions.  Government,  law,  social  and  political  order,  would 
become  unstable,  uncertain  and  worthless,  as  safeguards,  either 
to  property  or  lile.  if  their  foundations  could  be  thus  sapped  and 
undermined  by  lonieal  subtlety  and  refinement — by  new  versions 
of  the  constitution  at  war  with  its  ancient  inlerpretations,  and 
running  counter  to  the  whole  course  of  tho  public  administration 
from  the  earliest  period  of  lime. 

And  here,  Mr.  President,  1  di.smiss  the  question  of  power.  If, 
as  I  think,  the  aihrmative  is^  suslained,  something,  nevertheless, 
remains  to  be  considered.  A  power  may  bo  possessed,  and  yet  it 
may  not  be  right  to  exert  it.  Its  exercise  must  be  juslilied  by 
considerations  of  public  or  private  advantage  ;  it  must  not  work 
either  public  or  private  wrong.  I  propose  to  consider  it  under 
this  aspect. 

And,  in  the  first  place,  I  intend  to  s.ay  nothing  in  regard  to  pri- 
vate interests  excepting  this — that  there  is  no  proposition  before 
us  to  interfere  with  slaverv  where  it  exists — no  restriction  on  the 
exercise  of  private  or  personal  rights  within  the  sphere  of  the  lo- 
cal laws  under  which  they  arise.  The  question  before  us  is,  whe- 
ther slaves  shall  bo  permitted  to  be  introduced  into  Oregon,  or 
whelher  their  introduction  shall  be  proliibited.  It  is  a  remote  ter- 
ritory, generally  conceded  (though  in  this  I  do  not  concur,  as  I 
shall  hereafter  explain  more  lully)  as  not  likely  to  be  occupied  by 
slaves,  if  they  were  allowed  to  he  carried  there.  The  fact  'hat  it 
is  generally  admitted  to  be  unfit  for  slave  labor  must  divest  tho 
question  of  all  practical  infringement  of  private  rights,  even  in 
the  estimation  of  those  who  take  extreme  viev\'s  of  the  subject. 
I  shall  therefore  consider  it  only  in  its  bearing  upon  the  great  pub- 
lic interests. 

Mr.  President,  I  consider  this  question,  in  tho  form  it  has  assum- 
ed, as  involving  the  extension  of  slavery.  I  consider  it  so  under 
the  motion  to  strike  out  the  12th  section,  which  substantially  pro- 
hibits the  introduction  of  slaves  into  Oregon.  But  it  is  made  so 
more  particularly  by  the  aiucnilment  offered  by  my  friend  from 
Mississippi,  [Mr.  Davis,]  which  provides  — 

"That  nothing  contained  in  this  act  stiall  be  so  construed  as  to  authorize  the  prolii- 
hition  of  dome- tic  slaveiy  in  said  territory  whilst  it  remains  in  llic  condition  of  a  terri- 
tory ol  the  United  States." 

I  undcrstisnd  this  as  an  assertion  of  tho  right  to  carry  slaves  into 
Oregon  both  against  the  interference  of  Conghess,  and  the  (lesire 
of  tho  inhabitants  to  exclude  them.  I  understand  it  as  maintain- 
ing tho  right  to  introduce  domestic  slaveiy  into  Oregon.  This  is 
extension,  and  against  the  wishes  of  ilio  inhabitants  who  have  pro- 
hibited its  introduction.  Let  me,  then,  jiresent  some  considera- 
tions concerning  this  whole  subject  of  extension. 

Those  who  oppose  tho  extension  of  slavery  to  wider  limits  be- 
lieve that  such  extension  promotes  the  multipliealion  of  slaves. 
On  the  other  hand  it   is   contended   that  it  makes  no  addition  to 


their  nnmhers,  but  merely  spreads  thera  over  a  broader  surface. 
This  position  is  believed  to  be  wholly  inconsistent  with  all  the  re- 
ceived laws  of  popidation.  The  tendency  of  the  human  race  is  to 
increase  in  a  compound  ratio  of  the  extent  and  productiveness  of 
the  surface  on  whicli  it  is  sustained.  The  highest  possible  impulse 
is  given  to  this  increase  in  an  unoccupied  country,  distinguished 
for  its  fcrtil'ty,  and  ofTering  certain  rewards  for  the  products  of  la- 
bor. This  is  the  characicr  of  our  own  soil.  Wherever  slave  la- 
bor can  he  carried,  it  will,  liir  a  time,  be  productive.  Missouri 
affords  a  strong  illustration  of  the  truth  of  this  proposition.  That 
Stale  lies  wholly  north  of  36"  30'  north  latitude,  excepting  a  strip 
about  thirty  miles  wide  on  the  Mississippi,  running  down  to  the 
thirty-sixth  parallel,  and  yet,  though  solar  north,  slavery  made 
rapid  progress  there  after  her  admission  into  the  Union.  By  the 
censusof  1820,  there  were  10,222  slaves;  in  1830, 24,820,  an  increase 
of  one  hundred  and  thirty-five  percent,  in  ten  years;  and  in  1840, 
58,240,  an  increase  of  one  hundred  and  forty  percent,  in  ten  years. 
For  several  years  the  slave  population  increased  more  rapidly  than 
the  Iree.  In  all  new  and  fertile  soils,  where  the  demands  for  la- 
bor are  urgent,  this  will  be  lie  inevitable  result.  The  niultipli- 
cation  of  the  human  species  is  governed  by  laws  as  inflexible  and 
certain  as  those  which  govern  the  reproduction  of  vegetable  life. 
In  both,  the  stimulus,  whatever  it  may  be,  constitutes  the  law  of 
the  increase.  I  am  aware  that  the  ratio  of  increase  in  Missouri, 
both  in  respect  to  the  white  and  the  black  race,  w.as  materially 
modified  by  immigration;  and  to  that  extent  the  result  is  indepen- 
dent of  the  application  of  the  principle  I  have  stated.  But  it  can 
hardly  be  denied  that  surlace,  productive  surface,  is  the  great  ele- 
ment in  our  extension.  It  is  this  alone  which  has  carried  the  ra- 
tio of  our  increase  far  beyond  that  of  any  other  people.  If  we  had 
been  restricted  to  the  area  of  the  thirteen  original  States,  how 
ditrereiit  would  have  been  the  result  of  our  decennial  enumerations  ! 
The  same  principle  governs  the  white  and  the  black  races.  The 
laws  ol  labor,  subsistence,  and  population,  act  on  both,  though  not 
everywhere  with  the  same  intensiiy. 

If  these  conclusions  ate  just,  an  enlargement  of  the  surface  over 
which  slavery  is  sjiread  carries  with  it,  by  force  of  invincible  laws, 
a  ninllipllcaiion  of  the  race  held  in  bondage:  in  other  words,  a 
substantial  increase  of  the  number  of  slaves.  Extension  in  respect 
to  surface  is  multiplication  in  point  of  number.  The  two  proposi- 
tions cannot  be  legitimately  separated  either  in  reasoning  or  in 
practice.  In  this  view  of  the  subject  the  extension  of  slavery  is  a 
reproduction  of  tho  original  resnonsibility  of  introducing  it;  and  in 
this  respect  it  has  a  moral  bearing,  to  which  the  great  mass  of  tlie 
communiiy  cannot  be  indifferent. 

Mr.  President,  in  providing  lor  the  government  of  our  territo- 
ries, whilo  they  continue  subject  to  the  exclusive  regulation  of  Con- 
gress, no  view  of  the  subject  would  be  complete  which  overlooks 
the  part  v\-e  arc  performing  in  the  great  movement  of  civilized  so- 
ciety on  both  sides  of  the  Atlaniic.  Let  us  turn  our  attention  to 
some  of  the  considerations  which  suggest  themselves  in  connection 
with  this  point.  It  requires  no  powers  of  prophecy  to  foretell  that 
we  ore  destined  to  spread  ourselves  over  the  greater  portion  of  tho 
American  continent  on  this  side  of  the  great  lakes— south  to  tho 
densely  peopled  purl  ions  of  Mexico,  and  west  to  the  Pacific.  Nor 
is  It  an  idle  dream  ol  the  imagination  to  foresee  in  our  political  or. 
ganizalion  the  foundations  of  an  empire  increasing  more  rapidly, 
and  destined  to  expand  to  broader  limits,  than  the  Rou.an  republic: 
not  an  empire,  like  the  latter,  founded  in  war,  and  propagating  it- 
self by  brute  force;  but  an  empire  founded  in  peace,  and  extend- 
ing itself  by  industry,  enterprise,  and  the  arts  of  civilization. — 
Rome,  in  receiving  into  her  bosom  the  surrounding  population  as 
she  conquered  Ihem,  instructed  them  in  the  art  of  war,  and  made 
them  the  instruments  of  new  aggressions.  We  receive  into  ours 
the  surplus  population  of  the  Old  World,  to  instruct  them  in  the 
arts  of  peace,  and  to  arcelcrate  the  march  of  civilization  across  the 
western  conlinent.  There  is  nothing  in  the  history  of  human  so- 
ciety so  calculated  to  exalt  it  as  the  spectacle  we  present — re- 
ceiving into  the  bonds  of  friendship,  and  admitting  to  the  rights  of 
citizenship,  the  surplus  of  the  over-peopled  and  over-governed 
countries  of  Europe  These  annual  additions  conslituto  an  ele- 
ment of  no  inconsiderable  force  in  the  ratio  of  our  progression.  In 
the  last  quarter  of  a  centurj — about  the  period  we  take  lor  a  du- 
plication of  our  numbers — we  have  received,  from  the  United 
Kingdom  of  Great  Britain  and  Ireland  alone,  nearly  a  mil- 
lion of  immigrants;  and  from  continental  Europe,  wo  have  had 
large  additions.  These  drains,  on  the  ono  hand,  and  accessions, 
on  the  other,  are  not  only  likely  to  eoniinue,  but  to  increase  in 
force.  A  surplus  po|iiilation,  provided  for  by  emigration,  is  cer- 
tain to  be  regularly  reproduced.  Eurojie,  therefore,  will  not  be 
numerically  weakened  by  these  annual  drains,  even  though  they 
should  be  indefinitely  augmented;  and  every  addition  to  our  num- 
bers from  abroad  renders  the  force  of  immigration  more  intense, 
liy  relaxing  the  ties  which  bind  to  their  native  soil  the  kindred  mul- 
titudes left  behinil. 

l'"or  an  indefinite  period,  then,  we  may  calculate  on  largo  and 
constantly  increasing  additions  to  our  population  by  immigration; 
and  the  natural  multiplication  of  our  own  people,  under  the  im- 
pulse of  the  powerful  stimulants  contained  in  a  soil  of  cxtraordi- 
niiiy  fertilitv,and  in  ihe  superabundant  supply  of  food,  will  doubt- 
less maintain  our  past  rate  of  increase,  and  give  us,  at  tho  close  of 
tke  present  century,  a  hundred  millions  of  inhabitants. 

One  of  the  most  interesting  and  im|iortant  problems,  both  for 
the  American  stalesuiaii  and  |iliilosopher,  is  to  determine  of  what 
race  or  races  this  vast  population  shall  consist;  for  on  tho  solution 
which  future  generations  shall  give  to  it,  will  essentially  depend 


June  26.] 


THE  OREGON  BILL. 


775 


the  prosperity  of  the  community  or  commimilies  they  will  consti- 
tute, and  their  ability  to  raain(ain  such  a  form  of  fjovernment  as 
shall  secure  to  them  the  blessinss  of  political  liberty,  and  an  ad- 
vanced civilization.  In  a  general  survey  of  the  races  by  which  the 
earth  is  peopled,  though  the  varieties  are  infinite,  there  are  but 
four  grand  divisions — the  Asiatic,  the  Caucasian,  the  Ethiopian, 
and  the  Indian.  The  whole  surface  of  Europe,  with  some  incon- 
siderable exceptions,  is  occupied  by  the  Caucasian  race — by  the 
descendants  of  the  energetic  and  independent  tribes,  which, 'from 
the  shores  of  the  Caspian,  have,  in  different  eras,  spread  them- 
selves over  Germany  and  western  Europo,  and  laid  the  foundations 
of  nearly  all  the  civilization  the  world  contains.  From  this  Indo- 
Germanio  or  Caucasian  race  we  are  ourselves  descended;  and  we 
are  doing  for  the  New  World  what  thoy  did  for  the  Old — spread- 
ing ourselves  over  and  subduing  it — not,  indeed,  by  arms,  but  by 
the  arts  of  peace.  In  whatever  poriion  of  Europe  emigration  to 
the  United  States  takes  its  rise,  it  brings  with  it  homogeneous 
currents.  The  same  blood  fills  the  veins  of  all.  If  sliadeli  of  va- 
riety exist  in  the  intellectual  and  physical  characteristics  of  the 
multitudes  who  come  among  us,  it  is  to  be  traced  to  the  influences 
which  diversities  of  soil,  climate,  and  government  have  exerted 
upon  them  in  the  dilTcrent  scclions  of  Europe  in  which  their  lot 
has  been  east.  In  the  great  outlines  of  their  physinircimy,  animal 
and  moral,  they  are  identical,  and  they  are  disiinguishablo  from 
all  other  races  by  peculiariiicsnot  to  bo  mistaken. 

I  believe  it  to  be  in  the  order  of  Providence,  that  the  continent 
of  North  America,  with  the  exceplion  perhaps  of  some  inconsid-  • 
erable  districts,  is  ultimately  to  be  peopled  by  the  same  race 
which  has  overspread  Europe,  and  made  it  what  it  is  in  science, 
in  art,  in  civilization,  and  in  morals.  We  may,  by  a  misapplica- 
tion of  the  means  at  our  command,  thwart  for  a  seasin  the  divine 
purpose;  wo  may  postpone  the  consummaiion  of  (he  end  we  have  to 
accomplish  ;  but  the  deeply-sealed  causes  which  are  at  work  will 
ultimately  triumph  over  all  obstacles.  Years,  possib'y  centuries — 
(and  what  are  centuries  in  the  history  of  nations  and  empires  ?)— 
I  say  possibly  centuries  may  bo  necessary  to  complete  this  pro- 
cess ;  but  it  must,  in  the  end,  be  completed.  I  believe  it  may  bo 
satisfactorily  shown  that  the  free  black  population  in  the  northern 
States  does  not  increase  by  its  own  inherent  force.  I  doubt  wheth- 
er it  is  I'ully  reproduced.  In  four  of  the  New  Ensland  Stales — • 
Vermont,  New  Hampshire.  Rhode  Island,  and  Connecticut — the 
black  population,  from  1S20  to  1840,  materially  decreased.  In 
New  York,  Massachusetts,  and  Maine  there  was  an  increase  da- 
ring the  same  period  ;  but  this  was  doubtless  due  to  the  immigra- 
tion of  manumitted  blacks  from  the  South,  finding  their  way  to 
the  principal  commercial  States.  Without  these  accessions,  the 
result  in  these  States  would  probably  have  been  the  same  as  in 
the  four  New  England  S-'tates  referred  to.  Under  the  most  favor- 
able circumstances,  it  is,  and  must  coniinue  lo  be,  an  inferior  casle 
in  the  North.  It  counts  nothing  in  the  estimate,  physical  or  in- 
tellectual, of  the  strength  of  the  body  politic.  Even  where  the 
forms  of  its  admission  to  the  privileges  of  freemen  are  complete,  it 
is  an  excluded  class.  Let  the  liberal  and  the  humane  do  what 
they  may,  they  cannot  change  the  unalterable  law  of  its  destiny. 
Public  opinion  at  the  North — call  it  prejudice,  if  yon  will — pre- 
sents an  insuperable  barrier  against  its  elevation  in  the  social 
scale.  My  own  State  has  recently,  by  a  majority  of  about  one 
hundred  and  thirty  thousand  votes  in  two  hundred  thousand,  re- 
fused to  place  blacks  on  the  same  footing  as  whites  in  the  exercise 
of  the  elective  franchise.  Illinois  and  Connecticut  have,  I  believe, 
done  the  same  thing  by  decided  votes.  A  class  thus  degraded  will 
not  multiply.  This  is  the  first  stage  of  retrogradation.  The  so- 
cond  almost  certainly  follows.  It  will  not  be  reproduced  ;  and  in 
a  few  generations,  the  process  of  extinction  is  performed.  Nor  is 
it  the  work  of  inhumanity  or  wrong.  It  is  the  slow  but  certain  pro. 
cess  of  nature,  worki.ig  out  her  ends  by  laws  so  steady,  and  yet  so 
silent,  that  their  operation  is  only  seen  in  their  results.  I  am  not 
sure  that  this  fact  is  so  supported  by  statistical  data  that  it  can 
be  considered  settled  beyond  doubt.  If  it  were,  it  miiiht  solv?  a 
great  problem  in  population  in  the  United  States — a  problem  full 
of  consequence  and  of  instruction  for  our  guidance — that  manumit- 
ted blacks,  as  a  class,  do  not  multiply,  and  perhaps  are  not  repro- 
duced. 

Is  it  the  part  of  wisdom  or  humanilj-  to  promote  the  extension  or 
increase  of  a  race  which  has  its  destiny  written  in  chara<:ters  not 
to  be  mistaken  or  effaced — an  extension  adding  nothing  to  the 
public  prosperity  or  strength,  and  enlarging  the  basis  of  human 
degradation  and  sulTering  ? 

What  is  the  true  policy  of  the  country,  looking  to  its  rapid 
growth  and  to  the  steady  extension  of  our  people  over  the  unoc- 
cupied portions  of  this  continent?  Sir,  there  is  grave  cause  for 
reflection  in  the  unexampled  increase  of  our  population  by  its  inhe- 
rent force,  and  still  more  in  the  vast  accessions  annually  made  to 
our  numbers  by  immigration.  The  public  order  and  prosperity 
depend,  in  some  degree,  in  giving  to  these  accessions,  foreign  and 
domestic,  a  unilorm  and  homogeneous  character.  We  could  not 
divert  the  current  of  immigration  if  we  were  disposed  to  do  what 
every  dictate  of  humanity  repels  and  condemns.  It  is  in  the  vast 
and  fertile  spaces  of  the  West  that  our  owm  descendants,  as  well 
as  the  oppressed  and  needy  multitudes  of  the  Old  World,  must 
find  the  food  they  require,  and  the  rewards  for  labor,  which  are 
neceesary  to  give  them  the  spirit  and  the  independence  of  freemim. 
I  hold  it  to  be  our  sacred  duty  to  con.seerate  these  spaces  to  the 
muliiplication  of  the  white  race.  Our  part  is  to  see.  also,  as  far 
as  in  us  lies,  that  this  new  material  is  made  lo  conform  to  the  po- 
litical organizatidu,  of  wUicU  it  is  to  become  aa  integral  part.    I 


have  always  believed  this  object  "would  be  best  accomplished  by  a 
libeKal  policy.  The  federal  government  can  do  nothing  in  this 
respect.  The  State  governments  must  do  a!! — rather  perhaps  by 
acting  upon  future  generations  than  the  present — by  establishing 
schools,  by  the  removal  of  restrictions  upon  the  application  of  la- 
bor and  capital,  and  by  emancipating  industry,  under  all  its  forms, 
from  the  shackles  of  privilege  and  monopoly. 

If  we  were  to  look  to  the  rapid  increase  of  our  own  population 
alone,  without  reference  to  external  accessions — accessions  annu- 
ally increasing  and  w-ith  a  constantly-accelerated  force — I  should 
hold  it  to  bo  our  duly  to  pnmote,  by  all  just  and  constitutional 
means,  the  multiplication  of  the  white  race,  and  to  discourage,  as 
far  as  we  properly  can,  the  multiplication  of  everv  other.  Reason 
and  humanity,  acting  wiihin  the  limits  of  the  constitution,  will  de- 
fine the  mocfe  and  extent  of  the  agency  we  may  exert  over  our 
destinies  in  this  respect.  With  regard  to  the  policy  of  peopling 
this  continent  by  the  higiiest  race  in  the  order  of  iniellecmal  and 
physical  endowment,  there  can  be  no  diirerenco  of  opinion.  No 
man  can  hesitate  to  say  whether  the  condition  of  this  continent,  in 
all  that  concerns  its  government,  morals,  civilization,  prosperity, 
strength,  and  productiveness,  would  be  most  likely  to  be  promoted 
by  peopling  it  with  tlio  race  from  which  we  sprung,  or  with  the 
descendants  of  the  Ethiop  and  the  Cadre.  There  may  bo  portions 
of  the  southern  Stales  in  which  the  climate  and  objecis  of  cultiva- 
tion require  the  labor  of  blacks.  I  pass  by  all  considerations  of 
this  charaetf-  Tor  an  obvious  reason.  If  there  are  portion'*  of  the 
Union  which  can  only  be  cultivated  by  the  African  race,  they  are 
embraced  wiihin  the  lerriiorial  boundaries  of  organized  States, 
over  whose  domestic  condition  and  relations  the  lederal  govern- 
ment has  no- control.  The  queslion  concerns  only  them,  and  I 
forbear  to  touch  it.  But  admitting  the  necessity  of  slave  labor 
there,  the  admission  furnishes  no  argument  in  favor  of  the  exien^ 
sion  of  the  African  race  to  territories  in  which  no  such  necessity 
exists. 

The  character  of  the  population,  by  which  this  continent  is  to 
be  occupied,  is  a  subject  of  vital  importance  to  every  section  of 
the  Union.  The  strength  of  the  whole  is  concerned,  and  wiih  its 
strength  its  security  from  external  aggression  and  intestine  disor- 
der and  violence.  The  nearer  the  great  body  of  our  people — those 
especially  who  till  the  earth — apfiroaeh  the  same  standard  in  in- 
telligence and  political  importance,  the  more  likely  we  shall  be  lo 
maintain  internal  tranquility  in  peace,  and  bring  to  the  common 
support  in  war  ihe  united  strength  of  all.  A  degraded  class  is 
always,  and  must  he,  by  force  of  immutable  laws,  an  element  of 
insecurity  and  weakness.  I  will  not  say  that  the  North  is  as 
much  interested  in  this  question  as  the  South.  But  we  have  a  very 
deep  interest  in  it.  Manumitted  slaves  come  to  us  in  considera- 
ble numbers.  They  will  continue  to  do  so  in  spile  of  any  discour- 
agements we  may  oppose,  and  without  the  aid  of  compulsory  le- 
gislation on  the  part  of  the  States  in  which  they  are  manumitted. 
All  such  additions  lo  our  numbers  are  in  the  highest  degree  unde- 
siriible.  They  add  nothing  to  our  strength,  moral  or  physical  ; 
and,  as  we  fill  up,  their  tendency  is  to  exclude  whites  lo  the  ex- 
tent that  they  contribute  to  supply  the  demand  for  labor.  If  the 
fifty  thousand  free  blacks  in  New  York  weie  to  bo  withdrawn, 
their  places  would  bo  filled  by  an  equal  supply  of  white  laborers. 
Our  strength  and  our  prosperity  would  Vje  proportionably  increas- 
ed by  substituting  white  citizens  for  a  class  laboring  under  civil 
disqualifications,  and  excluded,  by  the  force  of  opinion,  from  all 
share  in  the  concerns  of  government.  We  desire  and  need  inde- 
pendent, not  dependent  classes.  We  have,  then,  a  deep  interest 
in  this  question,  first  as  a  member  of  the  common  Union,  and  next 
as  a  communi'y  in  some  respects  independent  and  sovereign.  In 
both  relations  it  concerns  our  permanent  welfare,  and  we  can 
ver  consent  or  contribute — by  any  act,  by  inaction,  by  acquies- 
cence, express  or  implied — to  the  extension  of  slavery  to  regions 
in  which  it  does  not  now  exist. 

It  is  generally  conceded  that  there  is  nothing  in  the  climate  or 
productions  of  Oregon,  which  requires  the  labor  of  blacks.  If  this 
be  so,  slavery,  if  introduced,  would  gradually  give  way  in  the  com- 
petition with  free  labor.  Notwithstanding  this  inherent  tendency 
in  slavery  to  wear  itself  out  in  districts  to  wdiieh  it  is  not  indispen- 
sably necessary,  it  will  be  profitable  for  a  time  in  new  countries, 
where  there  are  lands  to  be  brought  under  cultivation,  and  where 
there  is  an  urgent  demand  for  labor.  But  for  a  temporary  pur- 
pose— with  the  assurance  that  it  must  eventually  be  eradicated — 
would  it  not  bo  unjust  and  unwise,  considering  the  question  in  its 
political  bearing  alone,  to  decline  lo  exclude  it,  and  to  make  the 
prohibiiion  absolute? 

Gentlemen  have  said  this  is  not  a  practical  queslion — that  slaves 
will  never  be  taken  to  Oregon.  With  all  deference  to  their  opin- 
ions, I  differ  with  them  totally.  I  believe,  if  permitted,  slaves 
would  be  carried  there,  and  that  slavery  would  continue  at  lea^t 
as  long  as  in  Maryland  or  Virginia.  The  Pacific  coa  t  is  totally 
difierent  in  temperature  from  the  Atlantic.  It  is  far  milder.  Lines 
of  equal  temperature — isothermal  lines,  as  they  are  technically 
denominated — traverse  the  surface  of  the  earth  in  curves  of  varied 
eccentricity  in  reference  to  the  parrallels  of  latitude.  These 
curves  are  no  where,  perhaps,  greater  than  on  this  continent.  In 
the  latitude  of  Nova  Scotia,  which  is  bound  for  neiirly  half  tha 
vear  in  fetters  of  ice,  snow  on  the  Pacific  docs  not  lie  more  than 
three  or  four  weeks.  In  the  valley  of  tho  Wilhamettc,  above  the 
45th  degree  of  north  lattitude— the  parallel  of  Montreal— grass 
gi-uws  the  whole  winter,  and  cattle  are  rarely  if  ever  housed. 
Green  peas  are  eaten  at  Oregon  city,  in  the  same  parallel,  at 
Christmas,    Where  is  tke  corresponding  climate  to  be  found  on 


776 


THE  OREGON  BILL. 


[Monday, 


this  side  of  the  continent?  Where  we  sit— near  the  39th  ?  No, 
sir,  far  to  the  south  of  us.  The  latitude  of  Georgia  gives  on  the 
Pacific  a  tropical  climate. 

When  I  say  this  is  a  practical  question,  I  do  not  rely  on  reason- 
in"  alone.  The  prohibition  of  slavery  in  the  laws  of  Oregon  was 
adopted  for  the  express  purpose  of  excluding  slaves.  A  few  had 
been  brought  in  ,  further  importations  were  expecled  ;  and  it  was 
with  a  view  to  put  a  stop  to  them  that  the  prohibitory  act  was 
passed. 

shall  we,  then,  refuse  to  ratify  this  prohibition.  Are  we  unwill- 
ing to  extend  to  the  inhabitants  of  Oregon  a  privilege  they 
ask  for  themselves?  Shall  we,  by  our  judgment  solemnly  pro- 
nounced here,  declare  that  the  territory  of  Oregon  shall  bo  open 
to  the  introduction  of  slaves,  unless  the  people,  through  their  le- 
gislative assembly,  re-enact  the  prohibition  ''.  I  might  go  further, 
and  ask,  in  reference  to  a  proposed  amendment,  whelher  we  are 
prepared  to  say,  against  the  wishes  of  the  inhabitanls,  that  the 
introduction  of  slaves  into  Oregon  sliall  not  be  prohiliited  ? 

Mr.  President,  I  desire  it  not  to  he  understood,  in  putting  these 
inquiries,  that  I  am  in  favor  of  leaving  to  tlie  inhabitants  of  terri- 
tories the  decision  of  a  question  not  only  alfecting  tliem,  but  of  vi- 
tal importance  to  the  prosperity  of  tlie  whole  community.  I  have 
always  regarded  it  as  one  of  the  high  duties  of  the  lederal  go- 
vernment to  give  direction  and  shape  to  the  institutions  of  the  in- 
habitants of  a  territory  while  preparing  themselves  for  admission 
into  the  Union.  This  temporary  subordination  was  deemed  neces- 
sary for  the  northwest  territory,  even  though  settled  by  the  un- 
mixed population  of  the  thirteen  original  States,  trained  to  self- 
government  and  to  the  exercise  of  political  rights  under  institu- 
tions of  the  most  faultless  character.  How  much  more  necessary 
is  such  a  supervision  now,  when  territories  are  becoming  annexed 
to  the  Union  inhabited  by  the  roost  heterogeneous  races,  and  wholly 
unused  to  the  enjoyment  or  exerci&c  of  rational  freedom  ? 

An  honorable  Senator  from  North  Carolina  [Mr.B.\DGER]  de- 
nominated this  submission  of  power  to  the  inhabitants  of  the  terri- 
tories a  republican  measure,  or  as  in  accordance  with  the  genius 
of  our  republican  institutions.  Sir,  it  was  not  so  considered  in  for- 
mer  times — in  the  earlier  and  better  days  of  the  republic.  Let  me 
state  some  historical  facts  touching  this  question. 

In  1805,  an  act  was  passed  for  the  government  of  the  territory 
of  Orleans.  While  the  bill  was  under  discussion  in  the  Senate, 
certain  amendments  were  offered,  the  effect  of  which  would  have 
been  to  give  the  inhabitants  of  the  territory  of  Orleans  the  man- 
agement of  their  own  domestic  concerns,  uncontrolled  by  Congress. 
The  journal  of  the  Senate  does  not  show  by  whom  the  amendments 
were  offered  ;  but  on  searching  the  records  of  that  period,  I  find 
the  manuscript  copy  endorsed,  "Mr.  Tracy's  motion  to  amend 
bill."  I  think  this  may  be  regarded  as  the  original,  to  which  sub- 
sequent attempts  to  emancipate  the  territories  from  the  control  of 
the  federal  government,  before  they  have  the  population  necessary 
to  give  them  a  representation  in  Congress,  may  be  referred. — 
Whatever  the  doctrine  may  be  considered  at  the  present  day.  it 
derived  little  support  from  republican  sources  then.  It  was  brought 
forward  by  Mr.  Tracy,  an  able  and  respectable  federalist  from 
Connecticut.  On  the  division,  which  was  called  on  his  motion  to 
strike  out  for  the  purpose  of  inserting  his  amendments,  it  received 
but  eight  votes,  including  his  own.  They  were  given  by  Timothy 
Pickering  and  John  Quincy  Adams,  of  Massachusettsj  Uriah  Tra- 
cy, the  mover,  and  James  Hillhouse,  of  Connecticut  ;  James  A. 
Bavard  and  Stephen  White,  of  Delaware  ;  Simeon  Olcott,  of  New 
Hampshire  ;  and  James  Jackson  of  Georgia.  With  the  exception 
of  Mr.  Jackson,  all  these  gentlemen  were  federalists,  for  it  was 
not  until  several  years  later  that  Mr.  Adams  acted  with  the  repub- 
lican party.  Some  of  them  were  among  the  brightest  ornaments 
of  the  federal  party  of  that  day,  both  in  respect  to  talents  and  pri- 
vate character,  and  all  were  strenuous  opponents  of  Mr.  Jeffer- 
son's administration.  Against  these  eight  ayes  were  twenty-four 
noes,  given  by  the  great  body  of  Mr.  Jefferson's  supporters  and 
some  of  his  opponents.  Among  the  former  were  Baldwin  of  Geor- 
gia, Giles  of  Virginia,  and  Smith  of  Maryland.  The  supporters 
of  the  measure  were,  with  one  exception,  federalists,  and  oppo- 
nents of  Mr.  Jefferson's  administration.  Its  opponents  were  chief- 
ly republicans,  and  supporters  of  his  administration. 

At  the  same  session  of  Congress  memorials  were  presented  to 
both  houses  of  Congress  from  the  inhabitants  of  the  territory  of 
Orleans,  and  from  the  district  of  Louisiana.  The  former  prayed 
to  be  admitted  immediately  into  the  Union,  and  insisted  th-at  they 
had  a  right  to  suoh  admission  under  the  treaty  of  cession.  The 
latter  asked  for  a  territorial  government ;  the  whole  territory,  or 
district  of  Louisiana,  as  it  was  called,  lying  north  of  the  33d  par- 
allel of  latitude,  having  been  virtually  subjected,  in  respect  to  the 
administration  of  its  legislative,  executive,  and  judicial  powers,  to 
the  government  and  judges  of  the  Indiana  territory.  In  both  cases 
the  inhabitants  prayed  for  the  privilege  of  iinpin'ting  slaves.  Those 
memorials  were  rcl'erred,  in  the  House  of  Representatives,  to  a 
commiltee  of  which  Mr.  John  Randolph  was  chairman. 

On  the  25th  of  January,  18(15,  Mr.  Randiilpli  made  a  report, 
which  will   be  found  at  page  417  of  volume  20,  American  State 

Papers,  printed  by  Gales  and  Seaton,  concluding  with  a  resolu- 
tion— 

"  Tliat  provision  oiiglit  to  be  mado  bylaw  for  extenilinKto  tlie  iiilmbilanta  ofl.ou- 
isiaDu  the  riglit  of  acirgovernm(.<Dt.'' 

This  resolution  was  agreed  to  on  the  28th  of  January,  without 
Si  diviiiion. 
Mr.  Ranilolph's  report,  while  assorting  that  "ovory  iadulgcnoo, 


not  incompatible  with  the  interests  of  the  Union,"  should  be  ex- 
tended to  the  inhabitants  of  Louisiana,  and  whUe  declaring  that 
the  object  of  the  eoramittee  was 

— "  to  frivo  to  Louisiana  a  government  of  it-t  own  choice,  administered  by  officers  of 
ili  own  apiioinniient," 

Maintained  at  the  same  time,  that  in 

- — "  recommendins:  the  extension  of  this  privilege  to  the  people  of  that  country,  it 
[w.is]  not  the  intt^nsion  of  tli«  committee  that  it  should  be  auaccompanied  by  Wise 
and  salutary  restrictions.  Anion;;  these  may  be  numbered  a  prohibition  of  the  im- 
portation of  foreign  slaves,  equally  dictated  by  humanity  and  policy,  [here  follows  an 
eunnieration  of  other  restrictions.]  to  which  maybe  added,  (for  further  security,)  that 
Kuch  ot  the  l;tws  as  may  be  disapproved  by  Congress,  within  a  limited  time  atiet  their 
jiaisafje,  shallbeof  no  force  andefiect." 

The  report  of  Mr,  Randolph  asserts,  to  theftdl  extent,  the  right 
of  Congress  to  provide  for  the  government  of  the  territories,  to 
impose  on  them  such  restrictions  as  were  demanded  by  the  inter- 
ests of  the  Union,  and  to  prohibit  the  introduction  of  slaves  from 
foreign  countries,  as  a  measure  of  humanity  and  policy. 

Such  was  the  action  of  the  two  houses  of  Congress  on  this  sub- 
ject, involving  the  question  of  yieldinii  to  the  inhabitants  of  terri- 
tories the  control  of  their  own  domestic  affairs,  and  exempting 
their  legislation  from  the  supervisory  and  repealing  power  of  Con- 
gress. If  we  regard  it  as  a  party  measure,  all  the  republican 
sanctions  of  that  day  were  against  it.  And  if  we  consider  it  as  a 
political  question,  to  be  determined,  with  regard  to  its  complexion, 
by  a  reference  to  the  genius  of  our  institutions,  it  is  singular  that 
.  those  who  were  most  deeply  imbued  with  the  spirit  of  republican- 
ism should  have  been  arrayed  against  it. 

Let  me  now  examine  for  a  moment  the  question  immediately  be- 
fore us.  A  motion  is  made  to  strike  out  the  12th  section  of  this 
bill.     The  section  provides,  first,  that 

— "  the  itdiahitants  of  the  said  territory  shall  be  entitled  to  all  the  rigliti.  privileges, 
and  irnmurnties  iierelofore  granted  and  secured  to  the  territory  of  Iowa,  and  to  its  in- 

haliitauls." 

Second,  that 

**  The  existing  laws  now  in  force  in  the  territory  of  Oregoti,  tinder  the  atithority  o( 
the  provisional  government  established  by  the  people  thereof,  shall  continue  to  be  va- 
lid and  operative  therein,  so  far  as  the  same  be  not  incompatible  with  the  provisions 
of  this  act,  subject,  nevertheless,  to  be  altered,  modilied,  or  repealed  by  the  governor 
and  legislative  assembly  of  the  said  territory  of  Oregon." 

Third,  that 

*'  The  laws  of  the  United  States  are  hereby  extended  over  and  declared  to  be  in  force 
in  said  territory,  so  far  as  the  same  or  any  provision  thereof  may  be  applicable," 

In  order  to  see  what  rights,  privileges,  and  immunities  the  peo- 
ple of  Oregon  are  to  acquire,  we  must  refer  to  the  act  organizing 
the  territory  of  Iowa.  The  12th  section  of  this  act  provides 
— "  that  the  inhabitants  of  the  said  territory  shall  be  entitled  to  all  the  rights,  privileges, 
and  immunities  heretofore  gr.anted  and  secured  to  the  territory  of  Wisconsin  and  its 
inhabitants,"  &c. 

We  must  next  have  recourse  to  the  act  organizing  the  territory 
of  Wisconsin.     The  12th  section  of  this  act  provides 

— "  that  the  inhabitants  of  the  said  territory  shall  be  entitled  to,  and  enjoy,  all  and 
singular  the  rights,  privileges,  and  advantages  granted  and  secured  to  th«  [leoplc  of  the 
territory  of  the  LTuited  States  northwest  of  the  river  Ohio,  by  the  articles  of  the  com- 
pact contained  in  tlie  ordinance  for  the  government  of  the  said  territory,  passed  on  the 
I'Mh  day  of  July,  1787  ;  and  shall  be  subject  to  all  the  conditions  and  restrictions  and 
])rohibilionsinsaid  articles  of  compact  imposed  upon  the  people  of  the  said  territory." 

It  will  be  seen  that  there  is  an  essential  difference  in  the  Ian- 
guage  of  the  two  sections.  The  12th  section  of  the  act  organiz- 
ing the  territory  of  Iowa  secures  the  rights,  privileges,  and  im- 
munities, secured  to  the  territory  of  Wisconsin  audits  inhabitants, 
including  the  ordinance  of  1787  ;  but  it  does  not  expressly  impose 
the  conditions,  restrictions,  and  prohibitions  contained  in  that  ordi- 
nance. Now,  I  suppose  the  exclusion  of  slavery  from  the  north- 
west territory  by  the  ordinance  is  to  be  referred  rather  to  the  class 
of  restrictions  and  prohibitions  than  to  that  of  privileges  and  im- 
munities. Under  suoh  a  construction  of  the  act,  slavery  would 
not  have  been  excluded  from  Iowa  by  the  12th  section  of  the  act 
establishing  a  governtnent  for  that  territory,  nor  would  it  he  ex- 
cluded from  Oregon  by  that  portion  of  this  bill  which  secures  to 
the  inhabitants  "the  r.'ghts,  privileges,  and  immunities  heretofore 
granted  and  secured  to  the  territ^ory  of  Iowa  and  its  inhabitants." 

I  know  there  is  a  difference  of  opinion  in  respect  to  the  true 
construction  of  the  12th  section  of  the  act  organizing  a  gorern- 
ment  for  the  territory  of  Iowa.  The  Senator  from  Maryland ,  [Mr. 
Johnson,]  whose  legal  opinions  are  entitled  to  great  weight,  is 
of  opinion  that  the  slavery  restrictions  contained  in  the  12th  eee- 
tion  of  the  act  organizing  a  territorial  government  for  Wisconsin, 
Ironi  which  territory  Iowa  was  taken,  are  embraced  in  the  12th 
section  of  the  act  establishing  a  government  for  the  latter.  The 
Senators  from  North  Carolina  and  Georgia,  [Mr.  Badger,  and 
Mr.  Bebkikn,J  consider  the  conditions,  prohibitions,  and  restric- 
tions, imposed  by  the  ordinance  of  1787,  on  the  one  hand,  and  the 
rights,  privileges,  and  advantages,  seemed  on  the  other,  as  dis- 
tinct, substantive  propositions,  of  which,  the  latter  only  are  em- 
b.-aced  in  the  12th  section  of  the  last  named  act.  And  although  I 
will  not  undertake  to  decide  between  them,  I  confess  this  seems 
to  me  the  most  reasonable  construction.  Practically,  this  ques- 
tion was  of  no  importance  as  to  Iowa,  as  slavery  was  excluded 
from  that  territory,  which  was  a  part  of  Louisiana,  by  the  Mis- 
souri compromise. 

Let  us  now  look  at  the  next  provision  of  this  section,  which  I 
consider  the  most  important.  It  declares  that  the  laws  now  ex- 
isting in  Oregon  shall  continue  to  be  valid  and  operative,  &o. 

One  of  these  laws  contains  a  prohibition  of  slavery.  I  will  road 
it  j  it  is  avticlo  one,  section  lour,  of  iho  ofganig  laws  of  Oregon  ; 


June  26;] 


THE  OREGON  BILL. 


777 


-  "Theip  shall  be  neillier  slavery  nor  involuntary  servitude  in  said  territory,  otherwise 
than  for  tlie  [iimisliment  of  crimes,  whereof  the  jjarties  shall  he  duly  convicted." 

This  prohibition  is  adopted  by  the  section  I  atn  considering  ; 
and  the  exclusion  of  slavery  will,  for  the  time,  bo  as  complete  as 
though  it  were  expressly  prohibited  by  an  adoption  of  the  amend- 
ment oU'ered  by  the  Senator  from  New  Hampshire,  and  subse- 
quently withdrawn  by  him.  That  amendment  subjected  the  tcr- 
ritory  of  Oreijon  to  the  restrictions  and  prohibitions  of  the  ordi- 
nance of  1787.  It  would  have  been  a  perpetual  exclusion  of  sla- 
very ;  and  in  this  respect  it  differs  from  the  12th  section  as  it 
stands.  For  instance  :  under  this  section  the  inhabitants  of  Ore- 
gon might  rescind  or  repeal  the  law  prohibiting  slavery  ;  this  act 
of  repeal  would  go  into  itnmcdiate  effect,  and  slaves  could  bo  in- 
troduced into  the  territory.  The  sixth  section,  however,  provides 
that  all  laws  passed  by  the  Governor  and  Legislative  Assembly 
shall  he  submitted  to  Congress,  and  if  disapproved,  shall  be  void 
and  of  no  effect.  If  such  an  act  of  repeal  should  be  passed,  it 
would  bring  the  question  again  before  Congress  for  its  approval 
or  disapproval.  Such  an  act  is  certainly  very  unlikely  to  be  pass- 
ed by  the  legislative,  authority  of  the  territory.  Still,  the  positive 
prohibition  contained  in  the  ordinance  of  1787  is  preferable  as 
making  a  linal  disposition  of  the  question  ;  and  it  is  in  accordance 
with  the  whole  legislation  of  the  country  in  respect  to  territories 
situated  like  this.  I  shall,  therefore,  at  a  proper  time,  uidess 
some  other  Senator  docs  so,  offer  an  amendment  to  that  effect. 

I  regret  exceedingly,  Mr.  President,  to  have  taxed  the  patience 
of  the  Senate  so  long  ;  but  I  believed  1  was  performing  a  duty  to 
high  principles,  and  to  tho  State  I  have,  in  part,  the  honor  to  rep- 
resent :  and  no  consideration  could  induce  me  to  shrink  from  tho 
performance  of  it. 

Before  I  conclude,  I  desire  to  state  some  positions  which  I  took 
last  winter,  in  discussing  what  was  termed  tho  three  million  bill. 
I  thought  then,  and  I  think  still,  that  they  constitute  the  only 
practical  and  reasonable  basis  for  the  settlement  of  this  question. 
They  were  these  : 

J.  All  external  interference  with  slavery  in  tho  States  is  a  vio- 
lation of  the  compromises  of  tho  constitution,  and  dangerous  to  tho 
harmony  and  perpetuity  of  the  federal  Union. 

2.  If  territory  is  acquired  by  the  United  States,  it  should,  in 
respect  to  slavery,  be  received  as  it  is  found.  If  slavery  exists 
therein  at  the  time  of  the  acquisition,  it  should  not  be  the  subject 
of  legislation  by  Congress.  On  the  other  hand,  if  slavery  does 
not  exist  therein  at  the  time  of  tho  acquisition,  its  introduction 
ought  to  be  prohibited  while  the  territory  continues  to  be  governed 
as  such. 

3.  All  legislation  by  Congress  in  respect  to  slavery  in  the  terri- 
tory belonging  to  the  United- States,  ceases  to  be  operative  when 
the  inhabitants  arc  permitted  to  form  a  State  government  :  and 
the  admission  of  a  Stale  into  tho  Union  carries  with  it,  by  force 
of  the  sovereignty  such  admission  confers,  the  right  to  dispose  of 
the  whole  question  of  slavery  at  its  discretion,  without  external 
interference. 

These  positions  were  in  substantial  accordance,  as  I  supposed, 
with  the  declared  opinions  of  the  Legislature  of  New  York  ;  and 
they  have  been  recently  re-affirmed,  so  far  as  the  exclusion  of  sla- 
very from  territory  in  which  it  docs  not  now  exist  is  concerned. 

I  believe  this  to  be  the  only  just,  equal,  and  reasonable  basis  on 
which  this  question  can  be  amicably  settled.  Such  a  result  may 
be  hopeless.  Extreme  views  on  both  sides  may  defeat  all  adjust- 
ment of  it  on  friendly  terms.  If  so,  I  shall  have  the  consolation  of 
reflecting  that  while  my  own  opinions  lie  between  those  extremes 
— while  they  have  been  advanced,  as  I  trust,  in  language  no  one 
can  deem  offensive,  they  have  been  maintained  with  a  steadiness 
which  ought  always  to  accompany  settled  convictions  of  right  and 
duty. 

Mr.  President,  I  conclude  by  saying  for  New  York,  as  I  think 
I  am  authorized  to  say  by  her  legislative  resolutions,  that  while 
she  will  adhere  steadfastly  to  all  the  compromises  of  the  constitu- 
tion,  and  while  she  will  resist  all  interference  with  slavery  in  the 
Stales  as  unauthorized  and  disorganizing,  she  will  never  consent 
to  its  extension  to  territory  in  which  it  docs  not  now  exist,  and  es- 
pecially where  it  is  now  prohibited.  On  the  contrary,  she  will,  in 
every  constitutional  mode,  oppose  all  such  extension,  as  of  ovil 
tendency  in  government,  wrong  in  itself,  and  repugnant  to  the  hu- 
manity and  the  civilization  of  the  age. 

Mr.  CALHOUN. — It  appears  to  me  advisable ,  that  if  this  dis- 
cussion proceed  it  should  proceed  upon  this  amendment.  It  dis- 
tinctly presents  the  question  at  issue.  Whereas  the  section  pro- 
posed to  be  stricken  out  endeavors  to  effect  the  object  by  indirec- 
tion and  abstraction.  The  country  will  far  better  understand  the 
question  that  is  made  upon  this  amendment.  I  think,  therefore, 
the  debate  had  better  proceed  upon  the  amendment.  I  do  notde- 
s.re  to  speak  at  this  stage  of  the  debate,  but  if  no  other  Senator 
is  ready  to  take  the  floor,  I  shall  have  no  objection  to  deliver  my 
sentiments  to-morrow. 

On  motion  by  Mr.  CALHOUN,  it  was 

Ordered,  That  tho  further  consideration  of  the  bill  be  postponed 
until  to-morrow. 

P.\TENTS  FOR  LANDS. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  for  the  issuing  of  patents  in  a  certain  class  of 
cases,  and  for  other  purposes;  and  having  been  amended,  it  was 
reported  to  the  Senate  and  the  amendments  were  concurred  in. 

30th  Cong.— 1st  Session — No.  98. 


Ordered,  That  this  bill  be  engrossed  and  read  a  third  time. 
The  said  bill  was  read  a  third  time,  and  the  title  was  amended. 

Jle.iiihtcd.  That  this  bill  fxrtsi,  and  Ihat  the  title  thereof  bo  "an  Ml  for  the  iuning  of 
patents  tor  lands  in  the  Slate  of  Louisiana.'' 

Ordered,  That  tho  Secretary  request  the  concurrence  of  tho 
House  of  Representatives  in  this  bill. 

PRIVATE  BILLS  P.^SSED. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  following  bills  : 

An  act  for  the  relief  of  Kdna  Hickman,  wife  of  Alexander  D.  Peck. 
An  act  for  the  relief  of  William  Ralston. 

An  act  for  the  relief  of  Thomas  Scott.  Register  of  the  Land  Office  at  Chllicotho, 
Ohio,  for  services  connected  Willi  the  duties  of  bis  oftice. 

No  amendment  being  made,  they  were  reported  to  tho  Senate. 

Ordered,  That  they  pass  to  a  third  reading. 

The  said  bills  were  read  a  third  time. 

Resolved,  Thai  they  pass. 

Ordered,  That  the  Secretary  notify  the  IIou.se  of  Representa- 
tives accordingly. 

JUDICIAL. 

Tho  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  hill  supplemental  to  the  act  passed  the  '.Hh  day  of  May, 
in  the  year  IS  16,  entitled  ''an  act  ti>  retroccde  the  county  of  Alex- 
andria, in  the  District  of  Columbia,  to  tho  State  of  Virginia,"  and 
having  been  amended,  it  was  reported  to  the  Senate,  and  the 
amendment  concurred  in. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

Tho  said  bill  was  read  a  third  time. 

Hesotacd,  That  it  pass,  and  that  the  title  thereof  he  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

W.  B.  SLAUGHTER,  OF  WISCON.^IN. 

Mr.  MASON,  by  unanimous  consent,  asked  and  obtained  leave 
to  bring  in  a  joint  resolution  to  explain  an  act  passed  21th  June, 
1848,  entitled  "an  act  for  the  relief  of  Win.  13.  Slaughter,  late 
Secretary  of  the  Territory  of  Wisconsin;''  which  was  read  the 
first  and  second  times,  by  unanimous  consent,  and  considered  as 
in  Committee  of  tho  Whole;  and  no  amendment  being  made,  it 
was  reported  to  the  Senate. 

Ordered,  That  it  bo  engrossed  and  read  a  third  time. 

Tho  said  resolution  was  rctul  a  third  time. 

Kcsvlrcd,  That  it  pats,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered.  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

LAND  CLAIMS  IN  MISSISSIPPI. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  supplemental  to  an  act  to  confirm  the  survey  and 
location  of  claims  for  lands  in  the  State  of  Mississippi  cast  of  tho 
Pearl  river,  and  south  of  tho  31st  degree  of  north  latitude,  ap- 
proved March  3,  18-15;  and  having  been  amended,  it  was  reported 
to  the  Senate,  and  the  amendment  was  concurreti  in. 

Ordered,  That  tho  amendments  be  engrossed,  and  the  bill  read 
a  third  tune.  , 

The  said  bill  was  read  a  third  time. 

Ilcsoh-td,  Tliat  this  bill  pass  wilh  ami-ndnients. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  the  amendments. 

SURVEY  OF  THE  MOUTH  OF  RED  RIVER. 

The  Senate  proceeded  to  consider,  as  in  Conimitten  of  the 
Whole,  the  bill  to  provide  fur  a  survey  of  the  mouth  of  the  Red 
river;  and  no  amendment  being  made,  it  was  reported  to  the  Se- 
nate. 

*  Mr.  WESTCOTT  moved  that  the  bill  lie  on  the  table;  and  on 
this  motion  he  demanded  the  yeas  and  nays,  which  were  ordered, 
and  it  was  determined  in  the  negative,  as  follows  : 

VE.\S. — Messrs.  Atherton,  Bright,  Rutler.  Davis,  of  Mississippi,  Dickinson,  Ham- 
lin, Houston,  Hunter,  Johnson,  of  Georgia,  Lewis,  Mason,  Turnev,  We^itcolt,  and 
Yulee— 14. 

N.\YS. — Messrs.  Atchison.  Badger.  Bell,  Bradbury,  Clarke,  Clayton,  t'orsviu, 
Davis,  of  Massachiisetls,  Dix,  Downs,  Felcli,  Greene,  Johnson,  of  .Maryland,  John- 
son, of  Louisiana,  Miller,  Niles,  Phelps,  Sebastian,  Spruance,  Sturgeon,  Underwood, 
and  tjpham— 22. 

Ordered,  That  tho  bill  be  engrossed  and  read  a  third  time. 
The  said  bill  was  read  a  third  time. 

Re^otvad,  That  this  bill  pots. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

On  motion, 

Tho  Senate  adjourned. 


PETITIONS— RESOLUTIONS,  ETC. 


[^TpESDAVj 


TUESDAY,  JUNE  27,  1848. 


THE  WASHINGTON  MONUMENT. 

Tho  PRESIDENT,  pro  tempore,  laid  before  the  Senate  a  com- 
mnnicaiion  IVora  the  cotamittce  on  arrangements,  in  behalf  of  the 
Washington  National  Monument  Society,  inviting  the  Vice  Presi- 
dent and  Senators  in  Congress  to  attemi  tho  ceremony  of  laying 
the  corner  stone  of  the  Washington  national  monument,  on  tho 
4th  day  of  July  next ;  which  was  read. 

Mr.  CL.\YTON  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  : 

Resolved^  Tliat  the  Senate  and  its  ofllcors  will  attend  the  ceremony  of  laying  the 
eorner  blonc  of  the  Wasliington  national  monument,  on  the  4tli  day  of  July  next. 

MEM0R1.\L    OF  MISS  B.  I.  MX. 

Mr.  DIX  presented  the  memorial  of  Miss  D.  L.  Dix,  praying  a 
grant  of  [lublic  lands,  for  the  relief  and  support  of  the  indigent  in- 
sane within  the  United  States  ;  and  said  : 

I  rise,  Mr.  President,  to  present  a  memorial  from  Miss  Dix,  who 
is  well  known  to  the  American  public  for  her  disinterested  efforts 
in  ameliorating  the  condition  of  the  indigent  insane.  For  many 
years  her  time,  her  health,  and  her  pecuniary  means  have  been 
freely  spent  in  this  charitable  service.  Through  her  perseverance 
and  through  the  impression  produced  by  the  information  which  she 
has  gathered,  institutions  have  been  reared  in  different  parts  of 
the  country  ;  the  wealthy  have  contributed  from  their  abundance, 
and  States  laboring  under  heavy  burdens  of  debt  h.avo  already  tax- 
ed themselves  for  ^ho  relief  of  a  class  which,  of  all  others,  has  the 
strongest  claim  to  our  sympathy  and  support. 

The  memorialist  asks  that  a  portion  of  the  public  lands  may  bo 
appropriated  for  the  purpose  of  adording  relief  and  support  to  this 
unhappy  class  in  each  State  of  the  Union.  Her  memorial  contains 
a  mass  of  interesting  and  instructive  information,  derived  partly 
from  public  sources,  and  founded  partly  on  her  own  personal  ob- 
servation ;  and  her  application  is  supported  by  reasonings  and 
facts  which  cannot  fail  to  make  a  strong  impression  on  the  mind 
and  the  feelings. 

It  IS  duo  to  her  to  say  that  she  comes  before  the  Senate  with  the 
greatest  reluctance,  but  tliat  she  has  yielded  to  a  sense  of  duty, 
which  has  overruled  all  personal  considerations,  in  behalf  of  the 
cause  of  humanity,  which  she  pleads. 

I  will  read  to  the  Senate  a  very  few  passages  from  the  closing 
pages  of  the  memorial. 

[Hero  Mr.  D.  read  a  part  of  the  memorial.] 

I  ask,  Mr.  President,  that  this  memorial  may  be  printed.  Its 
object  is  purely  public,  and  its  purpose  is  co-extensive  with  tho 
universality  of  the  moral  disease  which  it  aims  to  relieve.  It  does 
not  concern  one  State  alone,  but  all.  And  in  view  of  the  import- 
ance of  tho  subject,  I  also  ask  that  it  may  be  rderred  to  a  select 
committee,  to  be  appointed  by  the  presiding  officer  of  the  Senate. 

Ordered,  That  the  memorial  be  printed,  and  that  it  bo  referred 
to  a  select  committee,  consisting  of  live  members,  to  be  appointed 
by  the  President  pro  tempore:  and 

Messrs.  Dix,  Benton,  Bell,  H.^nneg.^n,  and  Davis,  of  Mas- 
sachusetts were  appointed  the  committee. 

On  motion  by  Mr.  HALE,  it  was 

Ordered,  That  five  thousand  additional  copies  of  tho  said  memo- 
rial be  printed  for  the  use  of  tho  Senate. 

Whitney's  railroad  to  the  p.\cific. 

Mr.  NILES,  by  unanimous  consent,  asked  and  obtained  leave 
to  bring  in  a  bill  to  set  apart  and  sell  to  Asa  Whitney,  of  New 
York,  a  portion  of  the  public  lands,  to  enable  him  to  construct  a 
railroad  from  Lake  Michigan  to  the  Pacitic  Ocean  ;  which  w«s 
read  the  first  and  second  times  by  unanimous  consent. 

On  motion  by  Mr.  NILES,  it  was 

Ordered,  That  tho  bill  bo  referred  to  a  select  eommittco  to  con- 
sist of  five  members,  to  bo  appointed  by  tho  President  pro  tciu- 
pore,  and 

Messrs.  Niles,  Cokwin,  Lewis,  Beli,,  and  Fei.ch  were  ap- 
pointed tho  committee. 

JOHN    MC  GARR. 

Ml-.  BENTON,  by  unanimous  consent,  asked  and  obtained  leave 
to  biin"  in  a  joint  resulntion  in  relation  to  the  naval  pension  of 
John  McGarr  ;  which  was  rend  the  first  and  .second  times  by  una- 
nimous consent. 

Mr.  Bl'^NTON  remarked  that  the  bill  might  lie  on  the  table 
until  to-morrow  morning,  and  ho  would  then  ask  its  passage  by 
the  Senate. 


JOSEPH    NOUHSE,    DECEASED. 

Mr.  MASON,  from  the  Committee  of  Claims,  to  whom  was 
referred  the  amendment  of  the  House  of  Representatives  to  the 
bill  to  authorize  the  settlement  of  the  account  of  Joseph  Nourse, 
deceased,  reported  thereon. 

Tho  Senate  proceeded  to  consider  the  said  amendment,  and  it 
was 

Resolved,  That  they  concur  therein. 

Ordered,  That  the  Secretaiy  notify  the  House  of  Representa- 
tives accordingly. 

JONES   AND    BOKER. 

The  Senate  proceeded  to  consider  the  resolution  submitted  yes- 
terday by  Mr.  Westcott,  relating  to  the  aet  for  the  relief  of 
Jones  and  Boker. 

Mr.  WESTCOTT  said  that  since  he  had  proposed  the  resolu- 
tion, deeming  it  might  be  possible  there  was  .some  mistake,  al- 
though he  did  not  believe  there  was,  he  had  had  another  conversa- 
tion with  the  Coinptroller  of  the  Treasury,  and  had  directed  his 
attention  to  tho  explanations  given  by  gentlemen  here,  and  he  had 
informed  him  that  his  first  information  "was  correct. 

Mr.  HALE  stated  that  his  objection  to  tho  resolution  was 
chicfiy  this:  that  he  thought  there  was  manifest  impropriety  in 
one  branch  of  the  legislature  directing  an  executive  otKecr  to  sus- 
pend the  action  of  a  law  which  had  been  passed  by  both  Houses 
of  Congress,  and  had  received  the  sanction  of  the  President. 

Mr.  TURNEY  suggested  th.at  the  resolution  had  bettor  be 
passed  over  until  they  obtained  further  information. 

Mr.  NILES. — The  resolution  is  virtually  repealing  a  law  that 
we  have  passed,  and  that  too  upon  a  mere  suggestion  coming  from 
a  subiirdinate  officer  of  the  government.  TlTeso  gentlemen,  Jones 
and  Bukcr,  are  as  respectable  merchants,  I  believe,  as  any  in  the 
country,  and  yet  this  suspension  of  the  law,  is  to  be  predicated 
upon  the  assumed  fact,  that  they  have  practised  a  fraud  upon  the 
government.  I  suppose  we  have  the  facts  as  well  made  out  in 
this  case,  as  in  most  cases.  It  can  hardly  be  deemed  possible, 
that  tlieso  men  have  received  the  money  which  they  are  now  ap- 
plying for  ;  still,  if  so,  I  should  not  wish  the  hill  to  take  effect  by 
any  means.  The  resolution  might  be  differently  worded,  however, 
making  it  tho  duty  of  the  accounting  otBcer  to  enquire  into  the 
facts  ;  and  to  ascertain  whether  the  notes  have  been  ]iaid.  But 
to  repeal  a  law  which  has  gone  through  all  tho  forms  of  legislation 
by  a  mere  resolution,  seems  to  me  rather  an  unwarrantable  pro- 
ceeding. 

Mr.  BADGER. — I  entirely  concur  with  the  Senator  from  Con- 
necticut. The  securities  no  doubt  h.ave  been  paid  under  a  forged 
endorsement,  and  we  arc  passing  this  resolalion  upon  the  ground 
that  the  money  has  been  received  by  the  persons  whose  names 
have  been  thus  forged,  and  that  they  have  been  guilty  of  practis- 
ing a  gross  fraud  upon  the  g<.veriiment.  It  would  be  highly  un- 
just to  cast  a  censure  of  this  kind  upon  these  individuals  without 
a  thorough  investigation. 

Mr.  WESTCOTT. — I  understand  there  is  an  error  in  regard  to 
one  thing,  and  that  is  the  sirtiiilation  of  the  name.  I  am  told  that 
their  names  were  not  forged,  but  that  there  was  a  blank  endorse- 
ment upon  the  notes,  and'  that  the  notes  were  improperly  obtained 
by  those  to  whom  they  were  paid.  And  I  will  here  say,  that  I 
understand  that  it  can  be  all  reconciled  without  any  imputation 
against  them.  The  only  object  of  the  resolution  is  to  give  the 
Comptroller  of  tho  Treasury  authority  to  suspend  action  until  the 
matter  can  bo  properly  investigated. 

Mr.  BADGER. — It  may  bo  true,  that  the  olTlccrs  of  the  execu- 
tive department  are  as  competent  to  decide  matters  of  this  kiud 
as  the  two  Houses  of  Congress;  but  in  this  particular  case  Con- 
gress has  thought  proper  to  decide,  and  they  ha?e  put  their  deci- 
sion into  the  form  ol  a  law,  and  it  has  received  tho  sanction  of  tho 
President.  Now,  I,  for  one,  am  not  for  passing  a  resolution  de- 
volving upon  an  ollicer  of  tho  executive  department  authority  to 
say  that  wh.at  we  have  done  shall  have  no  efi'ect,  if  he  thinks  we 
have  determined  orronoou.sly.  At  tlie  same  time  I  think  it  is  due 
to  ourselves  that  the  matter  should  be  reinvestigated  by  ourselves 
through  our  committee. 

Mr.  RUSK. — I  have  no  objection  that  the  matter  should  be  re- 
investigated. My  impression  is  that  upon  investigation  it  will  be 
found  that  the  error  is  in  the  ofiicc,  and  not  in  the  individuals  for 
whose  relief  the  bill  was  passed.  I  have  a  distinct  recollection  of 
the  circumstances  under  which  it  was  passed.  One  of  these  indi- 
viduals being  in  one  of  the  western  States,  these  Treasury  notes 
were  sent  to  bim,  made  payable  to  his  order.  The  mail  was 
robbed,  and  the  name  of  tho  individual  to  whom  they  were  made 


June  27.] 


THE  OREGON  BILL. 


payable  was  f.iiged  upon  the  notes,  and  the  fiscal  agent  of  the  go- 
vernment redeemed  the  notes  with  this  forged  endorsement.  I 
have  no  objection  that  the  resolution  shall  be  referred  to  any  com- 
mittee. 

Mr.  BADGER. — Which  would  be  the  proper  committee? 

Mr.  RUSK. — The  Committee  on  the  Post  Offices  and  Post 
Roads,  I  suppose. 

Mr.  BADGER. — I  move  that  the  resolution  bo  roferred  to  that 
committee. 

Mr.  WESTCOTT.— I  have  no  objection  to  the  reference. 

The  motion  was  agreed  to. 

MESSAGE   FROM   THE   PRESIDENT. 

The  ffdiowing  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  AValker,  his  Secretary  : 

Mr.  President  :  The  President  of  the  Uuited  States  approved  and  signed,  tlie  JJCtli 
instant,  tlic  following  acts  : 

An  act  for  tlie  relief  of  William  B.  Slaughter,  late  Secretary  of  tlie  Territory  of 
Wisconsin. 

An  act  to  amend  an  act  entitled  "An  act  for  the  regulation  of  ^e^nlen  on  board  tiio 
public  and  private  vessels  of  the  Ignited  States,"  passed  the  3d  day  March,  1813. 

A  resolution  in  favor  of  David  Shaw  and  Solomon  T.  Corser. 
NOTICE  OP  A  BILL. 

Mr.  HALE  gave  notice  that  on  to-morrow,  or  some  early  day 
thereafter,  he  would  ask  leave  to  bring  in  a  bill  to  prevent  specu- 
lation in  the  public  lands,  and  to  open  the  same  to  actual  settlers 
and  cultivators. 

COMMITTEE     ON     ENGROSSED    BILLS. 

The  PRESIDENT  pro  tempore  announced  the  anpointtnent  of 
Mr.  Fitzgerald  and  Mr.  Walker  as  the  adailional  mem- 
bers of  the  Committee  on  Engrossed  Bills,  in  pursuance  of  the  re- 
solution of  the  24th  instant. 

THE    OREGON   BILL. 

The  Senate  resumed  as  in  Comiuittee  of  the  Whole,  the  consid- 
eration of  the  bill  to  establish  the  territorial  government  of  Or- 
egon. 

Mr.  BRIGHT.— When  this  bill  was  first  before  the  Senate,  it 
■was  represented  that  the  12th  section  contained  objectionable  fea- 
tures, by  many  gentlemen  on  this  floor  ;  and,  as  having  this  bill  in 
charge,  I  felt  inclined  to  obviate  the  objection.  I  was  one  among 
the  number  of  those  w-lio  believed  that  the  12th  section  was  riot 
very  important  to  the  bill.  Entertaining  this  opinion,  and  with 
the  view  of  preventing  the  agitation  of  this  exciting  question,  I 
moved  to  strike  out  th.at  section.  But  what  subsequently  occurred 
induced  me  to  withdraw  the  motion.  It  was  renewed,  however, 
by  the  Senator  from  Georgia,  thus  raising  the  very  question  which 
I'intendcd,  if  possible  to  avoid.  Following  that  motion  is  the 
amendment  ofl'ered  by  the  Senator  frotii  Mississijipi,  which  in- 
volves the  agitation  of  the  same  question,  connected  with  other 
circumstances  that  are  now  transpiring  in  this  country  in  such  a 
way,  that  I  really  think  the  Union  is  endangered.  Under  these 
circumstances,  I  am  induced  to  lay  before  the  Senate  a  paper, 
which,  at  the  proper  time,  I  shall  move  as  an  amendtiient  to  the 
bill.  If  the  amendment  of  the  Senator  from  Mississippi  be  voted 
down,  and  if  the  12th  section  be  stricken  out — or  be  that  as  it 
may,  I  intend,  at  the  proper  time,  to  propose  the  adoption  of  this 
amendment  ;  and  I  am  acting  upon  ray  own  judgment,  and  from  a 
sense  of  duty,  believins  that  if  the  principle  contained  in  it  be 
adopted  it  will  satisly— I  will  not  say  the  entire  country,  for  I  be- 
lieve there  is  a  set  of  men  in  the  country  who  are  determined  no! 
to  be  satisfied— but  the  great  body  of  the  American  people  ;  and 
that  it  will  restore  peact;  and  harmony  to  the  country.  It  is  nei- 
ther more  nor  less  than  the  Missouri  compromise. 

••  And  bcit  furlhrr  cnacli-d.  That  in  all  the  territories  owned  hy  the  United  States, 
including  Oregon,  New  Mexico,  anil  IJiiper  California,  which  he  north  ol  315-'  30' 
north  latitude,  slavery  nor  involunlarv  servitude  in  the  said  territory  otherwise  than 
in  the  punishment  of  crimes,  wheioof  the  party  shall  have  been  duly  convicted,  shall 
be  and  is  hereby,  forever  prohibited  :  Provided  aiwtiiis,  That  any  person  esca|>ing 
escaping  into  th<>  same  whose  labor  or  service  is  lawlnlly  claimed  lu  any  Stale  or  ter- 
ritory ot  the  United  States,  such  fusitive  may  he  lawfully  reclaimed  and  conveyed  to 
the  p?r50u  claiming  his  or  her  labor  or  services  as  aforesaid.'' 

Mr.  BERRIEN. — I  renewed  the  motion  made  by  the  Senator 
from  Indiana  to  strike  out  the  ]2lh  bection,  expressing  my  desire 
that  no  debate  should  take  place  upon  it;  and  I  manifested  that 
desire  by  abstaining  myself  from  saying  one  word  on  the  subject. 
The  question,  therefore,  which  now  agitates  the  country,  is  not 
brought  before  it  by  my  motion.  And  I  concur  most  Cordially  with 
the  Senator  from  Indiana  in  the  desire  he  expressed  to  withdra-w 
this  asitating  question,  not  merely  from  the  consideration  of  Con- 
gressj~but  from  the  consitlcration'of  the  American  people;  fori 
feel,  with  him,  that  it  is  a  question  which  deeply  menaces  the  se- 
curity of  this  Union.  I  shall  be  glad,  therefore,  at  the  proper 
time",  to  consider  the  motion  which  the  Senator  is  disposed  to  sub- 
mit. At  present  mv.  purpose  is  merely  to  acquit  myself  of  the 
imputation  of  having  forced  this  subject  into  a  discussion  which  I 
did  desire  most  anxiously  to  avoid. 

Mr.  BRIGHT.— I  hope  the  Senator  from  Georgia  did  not  un- 
derstand me  as  censuring  him  at  all  for  the  renewal  of  the  mo- 
tion.    I  certainly  intended  nothnig  of  the  kind. 


Mr.  CALHOUN.— There  is  a  very  striking  difference  between 
the  position  on  which  the  slaveholding  and  non-slaveholding  States 
stand  in  reference  to  the  subject  under  consideration.    The  former 
desire  no  action  of  the   government;  demanded  no  law   to  give 
them  any  advantage   in  the  territory  about  to  be  established;  are 
willing  to  leave  it,  and  other  territories  belonging  to  the  United 
States,  open  to  all  their  citizens,  so  long  as  they  continue  to  be 
territories,  and  when  they  ceased  to  bo  so,  to  leave  it  to  their  in- 
habitants to  form  such  governments  as   might  suit  them,  without 
restriction!  or   condition,    except  that   imposed    by  the   constitu- 
tion, as  a  prerequisite  for   admission   into   the   Union.     In  short, 
they  are  willing  to  leave  the  ■whole  subject  where  the  constitution 
and  the  great  and  fundamental  principles  of  self-government  place 
it.     On  tlie  contrary,  the  non-slaveholding  States,  instead  of  being 
willing  to  leave  it  on  this  broad  and  eipial  foundation,  demand  the 
interposition  of  the  government,  and  the  passage  of  an  act  to  ex- 
clude the  citizens  of  the  slaveholding  Stales  from  emigrating  with 
their  property  into  the  territory  in  order  to  give  their  citizens  and 
those  they  may  permit,  the  exclusive  right  of  settling  it,  while  it 
reiuains  in  that  condition,  preparatory  (o    subjecting  it  to  like  re- 
strictions and  conditions  when  it  becomes  a  State.     The  12th  sec- 
tion of  this  bill  is  intended  to  assert  and   maintain  this  demand  of 
the    non  slaveholding   States,    while    it   remains   a  territory,  not 
openly  or  directly,  but  indirectly   by   extending   the  provisions  of 
the  bill  for  the  establishment  of  the  Iowa  territory  to  this,  and  by 
ratifying  the  acts  of  the  informal  and  self-constituted  government 
of  Oregon,  which,  among  others,  contains  one  prohibiting  the  in- 
troduction of  slavery,     it  thus,   in  reality,  adopts  what  is  called 
the  Wilniot  Proviso,  not   only  for   Oregon,  but,   as  the  bill  now 
stands,  for  New  Mexico  and  California.     The  amendment,  on  the 
contrary,  moved  by  the   Senator  from  Mississippi,  near  mc,  [Mr. 
Davis,]  is  intended  to   assert   and  maintain  the  position  of  the 
slaveholding  States.     It  leaves  the    territory   free  and  open  to  all 
the  citizensof  the  United  States,  and  would  overrule,  if  adopted, 
the  act  of  the  self-constituted  territory   of  Oregon   and   the   12th 
section,  as  far  as  it  relates   to  the    subject  under  consideration. — 
We  have  thus   fairly   presented   the    grounds   taken   by  the  non- 
slaveholding  and  the  slaveholding  States,   or  as  I  shall  call  them 
for  the  sake  of  brevity,  the  northern  and  southern  States,  in  their 
whole  extent  for  discussion. 

The  first  question  which  offers  itself  for  consideration  is  :  Haa 
the  northern  States  the  power  which  they  claim,  to  exclude  tho 
southern  from  emigrating  freely,  with  their  property,  into  tcrri- 
tories  belonging  to  tho  United  States,  and  to  monopolize  them  for 
their  exclusive  benefit  ? 

It  is,  indeed,  a  great  question.  I  propose  to  discuss  it  calmly  and 
dispassionately.  I  shall  claim  nothing  which  does  not  fairly  and 
clearly  belong  to  the  southern  States,  either  as  members  of  this  fed- 
eral Union  or  appertaining  to  them  in  their  separate  and  individual 
character;  nor  shall  I  yield  any  which  belong  to  them  in  either 
capacity.  I  am  influenced  neither  by  sectional  nor  party  consid- 
erations. If  I  know  myself,  I  would  repel  as  promptly  and  deci- 
dedly any  aggression  of  the  South  on  the  North,  as  I  would  any 
on  the  part  of  the  latter  on  the  former.  And  let  me  add,  I  hold 
the  obligation  to  repel  aggression  to  be  not  much  less  solemn,  than 
that  of  abstaining  from  making  aggression;  and  that  the  party 
which  submits  to  it  ■when  it  can  be  resisted,  to  be  not  much  less 
guilty  and  responsible  lor  consequences  than  that  which  makes  it. 
Nor  do  I  stand  on  party  grounds.  What  I  shall  say  in  reference 
to  this  subject,  I  shall  say  entirely  without  reference  to  the  Presi- 
dential election.  I  hold  it  to  be  infinitely  higher  than  that  and 
all  other  questions  of  the  day.  I  shall  direct  my  eflbrts  to  ascer- 
tain what  is  constitutional,  right  and  just,  under  a  thorough  con- 
viction that  the  best  and  only  way  of  putting  an  end  to  this,  the 
most  dangerous  of  all  questions  to  our  Union  and  institutions,  is  to 
adhere  risidly  to  the  constitution  and  the  dictates  of  justice. 

With  these  preliminary  remarks,  I  recur  to  the  question.  Has 
the  North  the  power  which  it  claims  under  the  12th  section  of  this 
bill?  I  ask  at  the  outset,  where  is  the  power  to  be  found?  Not 
certainly  in  the  relation  in  which  the  northern  and  southern  States 
stand  to  each  other.  They  are  the  constituent  parrs  or  members  of  a 
common  federal  Union;  and.  as  such,  are  equals  in  all  respects,  boih 
in  dignity  and  riahts,  as  is  declared  by  all  writers  on  governmenis 
founded  on  such  Union,  and  as  may  bo  inferred  from  arguments  de- 
duced from  their  nature  and  character.  Instead,  then,  of  affbrd- 
iiig  any  countenance  or  authority  in  lavor  of  the  power,  the  rela- 
tion in  which  they  stand  to  each  other  furnishes  a  strong  presunif- 
tion  against  it.  Nor  can  it  be  found  in  the  fact  that  the  South 
holds  property  in  slaves.  That,  too,  fairly  considered,  instead  of 
atVording  any  authority,  for  the  power  furnishes  a  strong  presump- 
tion asainst  it.  Slavery  existed  in  the  South  when  the  constitu- 
tion \vas  framed,  fully  to  tho  extent  in  proportion  to  their 
population  as  it  does  at  this  tune.  It  is  the  only  property  recog- 
nized  by  it;  the  only  one  that  entered  into  its  formation  as  a  polit- 
ical element,  both  in  the  adjustment  of  the  relative  weight  of  the 
States  in  the  government,  and  the  apportionment  of  direct  taxes; 
and  the  only  one  that  is  put  under  the  express  guarantee  ot  tha 
constitution.  It  is  well  known  to  all  conversanfwith  the  history 
of  the  formation  and  adoption  of  the  constitution,  that  the  South 
was  very  jealous  in  reference  to  this  property;  that  it  constituted 
one  of  the  difTiculties,  both  to  its  formation  and  adoption,  and  that 
it  would  not  have  assented  to  either,  had  the  convention  refused  to 
allow  to  it  its  due  weight  in  the  government,  or  to  place  it  under 
the  guarantee  of  the  constitution.  Nor  can  it  be  found  in  the  way 
that  the  territories  have  been  acquired.  I  will  not  go  into  par- 
ticulars  in  this  respect  at  this  stage  of  the  discussion.    Sii^ce  U  to 


780 


THE  OREGON  BILL. 


[Tuesday, 


say,  the  whole  was  acquired  either  by  purchase  out  of  the  common 

funds  of  all  the  States,  the  South  as  well  as  the  North,  or  by  arms 
and  mutual  sacrifice  of  men  and  money,  which  instead  of  giving 
any  countenance  in  favor  of  the  power  claimed  by  the  North,  on 
every  principle  of  right  and  justice,  furnishes  strong  additional  pre- 
sumption agiinst  it. 

But,  if  it  cannot  he  found  in  either,  if  it  exists  at  all,  the  power 
must  be  looked  for  in  llie  constitutional  compact,  which  binds  these 
States  together  in  a  federal  Union;  and  I  now  ask  can  it  be  found 
tliere?  Does  that  instrument  contain  any  provision  wliich  gives  the 
North  tlie  power  to  exclude  the  South  from  a  free  admission  into 
the  territories  of  the  United  States  with  its  peculiar  property,  and 
to  monopolize  them  for  its  own  exclusive  use?  If  it  in  fact  con- 
tains such  power,  expressed  or  implied,  it  must  be  found  in  a  spe- 
cific grant,  or  be  inferred  by  irresistable  deduction,  from  some 
clear  and  acknowledged  power.  Nothing  short  of  the  one  or  the 
other  can  overcome  the  strong  presumption  against  it. 

That  there  is  no  such  specific  grant  may  be  inferred  beyond 
doubt,  from  the  fact  that  no  one  has  ever  attempted  to  designate 
it.  Instead  of  that,  it  has  been  assumed — taken  for  granted  with- 
out a  particle  of  proof — that  Congress  has  the  absolute  right  to 
govern  the  territories.  Now,  I  concede,  ii"  it  does  in  reality  possess 
such  power,  it  may  exclude  iVom  the  territories  who  or  what  they 
please,  and  admit  into  them  wlio  or  what  they  please;  and  of  course 
may  exercise  the  power  claimed  by  the  North  to  exclude  the  South 
from  them.  But  I  again  repeat,  where  is  this  absolute  power  to 
he  found?  Al!  admit  that  there  is  no  such  specific  grant  of  power. 
If,  then,  it  exists  at  all,  it  must  bo  inferred  from  some  such  power. 
I  ask  where  is  that  to  be  found?  The  Senator  from  New  York, 
behind  me,  [Mr.  Dix]  points  to  the  clause  in  the  constitution, 
which  provides  that  ''Congress  shall  have  power  to  dispose  of  and 
make  all  needful  rules  and  regulations  respecting  the  territory  and 
other  property  belonging  to  the  United  States."  Now,  I  under- 
take to  aliirm  and  maintain  beyond  the  possibility  of  doubt,  that  so 
far  from  conferring  absolute  power  to  govern  the  territories,  it  con- 
fers no  governmental  power  whatever;  no,  not  a  particle.  It  re- 
fers exclusively  to  territory,  regarded  simply  as  public  lands.  Every 
■word  relates  to  it  m  that  character,  ane  is  wholly  inapplicable  to  it 
considered  in  any  other  character  but  as  property.  Take  the  ex- 
pression "dispose  of''  with  which  it  begins.  It  is  easily  understood 
what  it  means  when  applied  to  lands;  and  is  the  proper  and  na- 
tural expression  regarding  the  territory  in  that  character,  when 
the  object  is  to  conl'er  the  right  to  sell  or  make  other  disposition 
of  it.  But  who  ever  heard  the  expression  applied  to  government? 
And  what  possible  meaning  can  it  have  when  so  applied?  Take 
the  next  expression,  "to  make  all  needful  rules  and  regulations." 
These  regarded  separately,  might  indeed,  be  applicable  to  gov- 
ernment in  a  loose  sense;  but  they  are  never  so  applied  in  the 
constitution.  In  every  case  where  they  are  used  in  it,  they  refer 
to  property,  to  things,  or  .some  process,  such  as  the  rules  of  court, 
or  of  the  Houses  of  Congress  for  the  government  of  their  proceed- 
ings, but  never  to  government,vvhich  always  implies  persons  to 
be  governed.  But  if  there  should  be  any  doubt  in  this  case,  the 
words  immediately  following  which  restricts  them  to  making  ''rules 
and  regulations  respecting  the  territory  and  other  property  of  the 
United  States,"  must  efl'ectually  expel  it.  They  restrict  their 
meaning  beyond  the  possibility  of  doubt  to  territory  regarded  as 
property. 

But  if  it  were  possible  for  doubt  still  to  exist,  another  and  con- 
clusive argument  still  remains  to  show  that  the  fraincrs  of  the  con- 
stitution did  not  intend  to  confer  by  this  clause  governmental  pow- 
ers. I  refer  to  the  clause  in  the  constitution  wliich  delegates  the 
power  of  exclusive  legislation  to  Congress  over  this  District  and 
"  all  places  purchased  by  the  consent  of  the  legislature  of  the 
State  in  which  the  same  may  ho  for  the  erection  of  forts,  maga- 
zines, arsenals,  dock-yards,  and  other  needful  buildings."  The 
plaees  therein  referred  to  are  clearly  embraced  by  the  expression, 
"  other  property  belonging  to  the  United  States,"  contained  in  the 
clause  I  have  just  considered.  But  it  is  certain,  that  if  it  had  been 
the  intention  of  the  framers  of  the  coustitulion  to  confer  govern- 
mental powers  over  such  places  by  that  clause,  they  never  would 
have  delegated  it  by  this.  They  were  incapable  of  doing  a  thing  so 
absurd.  But  it  is  equally  certain,  if  they  did  not  intend  to  confer 
such  power  ovtr  them,  they  could  not  have  intended  it  over  terri- 
tories. Whatever  was  conferred  by  the  same  words  in  reference 
to  one  must  have  been  intended  to  be  conferred  in  reference  to 
the  other,  and  the  reverse.  The  opposite  supposition  would  be  ab- 
surd. But,  it  may  be  asked,  why  the  term  territory  was  omitted 
in  the  delegation  of  exclusive  legislation  to  Congress  over  the 
places  enumerated  ?  Very  satisfactory  reasons  may,  in  my 
opinion,  be  assigned.  The  former  were  limited  to  places  lying 
within  the  limits  and  jurisdiction  of  the  States,  and  the  latter 
to  public  land  lying  lieyimd  both.  The  cession  and  purchase 
of  the  former,  with  the  consent  of  the  State  within  which  they 
might  be  situated,  did  not  oust  the  sovereignty  or  jurisdiction 
of  the  State.  They  still  remained  in  the  State,  the  United  States 
acquiring  only  the  title  to  the  place.  It,  therefore,  hecamc  neces. 
sary  to  conl'er  on  Congress,  by  express  delegation,  the  exercise  of 
exclusive  power  of  legislation  over  this  District  and  such  places, 
in  order  to  carry  out  the  object  of  the  ]iurclmsc  and  cession.  It 
■was  simply  intended  to  withdraw  them  from  under  the  legislatures 
of  the  respective  States  within  ■which  they  might  lie,  and  substi- 
tute that  of  Congress  in  its  place,  subject  to  the  restrictions  of 
the  constitution  and  the  objects  for  which  the  places  were  acquir- 
ed, leaving,  as  I  have  said,  the  sovereignty  still  in  the  Slate  in 
which  they  arc  .situated,  but  in  abeyance,  as  far  as  it  extends  to 


legislation.  Thus,  in  the  case  of  this  District,  since  the  retroces- 
sion to  Virginia  of  the  part  beyond  the  Potomac,  the  .sovereignty 
still  continues  in  Maryland  in  the  manner  stated.  But  the  case  is 
very  different  in  reference  to  territories,  lying  as  they  do  beyond 
the  limits  and  jurisdiction  of  all  the  States.  The  United  States  pos- 
sess not  simply  the  right  of  ownership  over  themj  but  that  of  exclu- 
sive dominion  and  sovereignty  ;  and  hence  it  was  not  necessary  to 
exclude  the  power  of  the  States  to  legislate  over  them,  by  delegat- 
ing the  exercise  ol  exclusive  legislation  to  Congress.  It  would 
have  been  an  act  of  supererogation.  It  may  be  proper  to  remark  in 
this  connection,  that  the  power  of  exclusive  legislation  conferred 
in  these  cases  must  not  be  confounded  with  the  power  of  absolute 
legislation.  They  are  very  difierent  things.  It  is  true  that  absolute 
power  of  legislation  is  always  exclusive,  but  it  by  no  means  follows 
that  exclusive  power  of  legislation  or  of  government  is  likewise  al- 
ways absolute.  Congress  has  the  exclusive  power  of  legislation  as 
far  as  this  government  is  concerned,  and  the  State  legislatures  as 
far  as  their  respective  governments  are  concerned,  but  we  all 
know  that  both  are  subject  to  many  and  important  restrictions  and 
conditions  which  the  nature  of  absolute  power  excludes. 

I  have  now  made  good  the  assertion  I  ventured  to  make,  that  the 
clause  in  the  constitution  relied  on  by  the  Senator  from  New 
York,  so  far  from  conferring  the  absolute  power  of  government 
over  the  territory  claimed  by  him,  and  others  who  agree  with  him, 
confers  not  a  particle  of  governmental  power.  Having  conclu- 
sively established  this,  the  long  list  of  precedents,  cited  by  the 
Senator,  to  prop  up  the  power  which  he  sought  in  the  clause, 
falls  to  the  ground  with  the  fabric  which  he  raised  ;  and  I  am  thus 
exempted  Irom  the  necessity  of  referring  to  them,  and  replying  to 
them  one  by  one. 

But  there  is  one  precedent  referred  to  by  the  Senator  uncon- 
nected with  the  power,  and  on  that  account  requires  particular 
notice.  I  refer  to  the  ordinance  of  '87,  which  was  adopted  by  the 
old  Congress  of  the  confederation  while  the  convention  that  framed 
the  constitution  was  in  session,  and  about  one  year  before  its  adop- 
tion, and  of  course  on  the  very  eve  of  the  expiration  of  the  old 
confederation.  Against  its  introduction,  I  might  object  that  the 
act  of  the  Congress  of  the  confederation  cannot  rightfully  form 
precedents  for  this  government  ;  but  I  waive  that.  I  waive  also 
the  obiection  that  the  act  ■n-as  consummated  when  that  govern- 
ment was  in  extremis,  and  could  hardly  be  considered  compos  men- 
tis. I  waive  also  the  fact  that  the  ordinance  assumed  the  form  of 
a  compact,  and  was  adopted  when  only  eight  States  were  present, 
when  the  articles  of  conlederation  required  nine  to  form  compacts. 
I  waive  also  the  fact,  that  Mr.  Madison's  declared,  that  the  act 
■n'as  without  shadow  of  constitutional  authority,  and  shall  proceed 
to  show,  from  the  history  of  its  adoption,  that  it  cannot  jqstly  be 
considared  of  any  binding  force. 

Virginia  made  the  cession  of  the  territory  north  of  the  Ohio,  and 
lying  between  it  and  the  Mississippi  and  the  lakes,  in  1784.  It 
now  contains  the  States  of  Ohio,  Indiana,  Illinois,  Michigan,  Wis- 
consin, and  a  very  considerable  extent  of  territory  lying  north  of 
the  latter.  Shortly  after  the  cession,  a  committee  of  three  was 
raised,  of  whom  Mr.  Jeirorson  was  one.  They  reported  an  ordi- 
nance for  the  establishment  of  the  territory,  containing  among 
other  provisions  one,  of  which  Mr.  Jell'erson  was  the  author,  ex- 
cluding slavery  from  the  territory  alter  the  year  ISOO.  It  was  re- 
ported to  Congress,  but  this  provision  was  struck  out.  On  the 
question  of  striking  out,  every  southern  State  present  voted  in  fa- 
vor of  it ;  and  what  is  more  striking,  every  sojuhern  delegate  voted 
the  same  way,  Mr.  Jefl'erson  alone  excepted.  The  ordinance  was 
adopted  without  the  ]irovision.  At  the  next  session,  Rufiis  King, 
then  a  member  of  the  old  Congress,  inoved  a  proposition,  very 
much  in  the  same  shape  of  the  sixth  article  (that  which  excludes 
slavery)  in  the  ordinance  as  it  now  stands,  with  the  exception  of 
its  proviso.  It  was  referred  to  a  committee,  but  there  was  no 
action  on  it.  A  committee  was  moved  the  next  or  the  subsequent 
year,  which  reported  without  including  or  noticing  Mr.  King's 
proposition.  Mr.  Dane  was  a  member  of  that  committee,  and 
proposed  a  provision  the  same  as  that  in  the  ordinance  as  it  pass- 
ed, but  the  committee  reported  without  including  it.  Finally, 
another  committee  was  raised,  at  the  head  of  which  was  Mr.  Cnr- 
rington,  of  Virginia,  and  of  which  Mr.  Dane  was  also  a  member. 
That  committee  reported  without  including  the  amendment  pre- 
viously pro|K)sed  by  him.  Mr.  Dane  moved  his  proposition,  which 
was  adopted,  and  the  report  of  the  committee  thus  amended  be- 
came the  ordinance  of '87. 

It  may  be  inferred  from  this  brief  historical  sketch,  that  the  ordi- 
nance wasa  compromise  between  the  southern  and  northern  States, 
of  which  the  terms  were  that  slavery  should  he  excluded  from  ter- 
ritory upon  condition  that  higitivo  slaves,  who  might  take  refuge 
in  the  territory,  should  be  delivered  up  to  their  owners,  as  stipula- 
ted in  the  jiroviso  of  the  6th  article  of  the  ordinance.  Itis  mani- 
fest from  what  has  been  stated  that  the  South  was  unitedly  and 
obstinately  opposed  to  the  jirovision  when  first  moved;  that  the 
proposition  of  Mr.  King,  without  the  proviso,  was  in  like  manner 
resisted  by  the  South,  as  may  bo  inferred  from  its  entire  want  of 
success,  and  that  it  never  could  be  brought  to  agree  to  it  until  the 
provision  for  the  delivery  up  of  fugitive  slaves  was  incorporated  in 
it.  But  it  is  well  understood  that  a  compromise  involvcs-not  a  .sur- 
render, but  simply  a  waiver  of  the  right  or  power;  and  hence  in 
the  ease  of  individuals,  it  is  a  well  established  legal  principle,  that 
an  ofler  to  settle  by  compromise  a  litigated  claim,  is  no  evi- 
eence  againt  the  justice  of  the  claim  on  tiie  side  of  the  party  mak- 
ing it.  The  South,  to  her  honor,  has  observed  with  fidelity  her 
engagements  under   this  compromise;  in  proof  of  which,.  I  ajipeal 


June  27.] 


THE  OREGON  BILL. 


781 


to  the  precedents  cited  by  the  Senator  from  New  York,  intended  by 
by  him  to  establish  the  fact  ol'  her  acquiescence  in  the  ordinance. 
I  admit  that  she  has  acquiesced  in  the  several  acts  of  Congress  to 
carry  it  into  effect;  but  the  Senator  is  mistaken  insupposinf,'  that  it  is 
proof  of  a  surrender,  on  her  part,  of  the  power  over  llie  territories 
wliich  he  claims  for  Conr»ress.  No,  she  never  has,  and  I  trust  never 
will,  make  such  a  surrender.  Inste;id  of  that,  it  is  conclusive 
proof  of  her  lidelily  to  her  engagements.  She  has  never  attempt- 
ed to  set  aside  the  ordinance,  or  to  deprive  tlie  territory,  and  the 
States  erected  within  its  limits,  of  any  right  or  advantage  it 
was  intended  to  confer.  But  I  regret  that  as  much  cannot  he 
said  in  favor  of  the  fidelity  with  which  it  has  been  observed  on 
their  jiart.  With  the  single  exception  of  the  Slate  of  Illinois — be 
it  said  to  her  honor — every  other  State  erected  within  its  limits  have 
pursued  a  course  and  adopted  measures,  which  have  rendered  the  sti- 
pulations of  the  proviso  to  deliver  up  fugitive  slaves  nugatory.  Wis- 
consin may,  also,  be  an  exception,  as  she  has  just  entered  the 
Union,  and  has  hardly  had  time  to  act  on  the  subject.  They  have 
gone  farther,  and  suli'ered  individuals  to  form  combinations,  with- 
out an  elfort  to  suppress  them,  for  the  purpose  of  enticing  and  se- 
ducing the  slaves  to  leave  their  masters,  and  to  run  them  into 
Canada  beyond  the  reach  of  our  laws — in  open  violation,  not  only 
of  the  stipulations  of  the  ordinance,  but  of  the  constitution  itsell. 
.  If  I  express  myself  strongly,  it  is  not  for  the  purpose  of  produc- 
ing excitement,  but  to  draw  the  attention  of  the  Senate  foreildy  to 
the  subject.  My  object  is  to  lay  bare  the  subject  under  consiilera- 
tion  just  as  a  surgeon  probes  to  the  bottom  and  lays  open  a  wound, 
not  to  cause  pain  to  his  patient,  bin  for  the  purpose  of  healing  it. 

Mr.  HANNEGAN.— I  am  not  aware  that  there  is  any  such  law 
in  Indiana. 

Mr.  CALHOUN. — I  spoke  on  the  authority  of  a  report  of  one 
of  the  committees  of  this  body. 

Mr.  BUTLER.— In  that  report  I  alluded  particularly  to  the 
northern  and  New  England  Slates  :  and  Illinois,  I  lielieve,  was 
the  only  exception. 

Mr.  CORWIN.— Will  the  Senator  allow  mo  to  inquire,  what 
law  on  the  statute-book  of  Ohio  prevents  the  recapture  of  fugitive 
slaves  ? 

Mr.-"  CALHOUN.-— My  colleague  can  doubtless  refer  to  the 
law.     I  made  the  statement  on  the  authority  of  his  report. 

Mr.  CORWIN.— There  is  no  such  law  in  Ohio. 

Mr.  CALHOUN. — I  am  very  happy  to  find  that  it  is  so  ;  and  I 
should  be  equally  happy  if  the  Senator  will  make  it  out  that  there 
are  ne  organized  bodies  of  individuals  there  for  the  purpose  of  pil- 
fering our  slaves. 

Mr.  CORWIN. — Am  I  to  understand  the  Senator ,when  he  spoke 
of  '■  incorporated  individuals,"  as  referring  to  the  Legislature." 

Mr.  CALHOUN. — No  ;  merely  organized  individuals — a  very 
different  thing  from  corporations. 

Mr.  BUTLER. — On  that  point  I  refer  the  Senator  to  the  docu- 
ments  on  the  files  of  the  Senate.  Tf  the  gentleman  desires  to  call 
out  explanations  of  that  kind,  he  can  be  gratified. 

Mr.  CALHOUN. — I  come  now  to  another  precedent  of  a  simi- 
lar character,  but  diflering  in  this,  that  it  took  place  under  Ibis 
government,  and  not  under  that  of  the  old  confederation;  I  refer 
to  what  is  known  as  the  Missouri  compromise.  It  is  more  recent, 
and  better  known,  and  may  bo  more  readily  despatched. 

After  an  arduous  struggle  of  more  than  a  year,  on  the  question 
whether  Missouri  should  come  into  the  Union,  with  or  without  re- 
strictions prohibi  tin  gslaverv, a  com  promise  line  was  adopted  between 
the  North  and  the  South;  but  it  was  done  under  circumstances  which 
made  it  no  nowise  obligatory  on  the  latter.  It  is  true,  it  was  moved 
by  one  of  her  distinguished  citizens,  [Mr.  Clay,]  but  it  is  equally 
so,  that  it  was  carried  by  the  almost  united  vote  of  the  North 
against  the  almost  united  vote  of  the  South;  and  was  thus  imposed 
on  the  latter  by  superior  numbers,  in  opposition  to  her  strenuous 
efforts.  The  South  has  never  given  her  sanction  to  it,  or  assented 
to  the  power  it  asserted.  She  was  voted  down,  and  has  simply  ac- 
quiesced in  an  arrangement  which  she  has  not  bad  the  power  to 
reverse,  and  which  she  could  not  attempt  to  do  without  disturbing 
the  peace  and  harmony  of  the  Union — to  which  she  has  ever  been 
adverse.  Acting  on  thi.s  principle,  she  permitted  the  territory  of 
Iowa  to  be  formed,  and  the  State  to  he  admitted  into  the  Union, 
under  the  compromise,  without  objection;  and  that  is  now  quoted 
by  the  Senator  from  New  Yoik  to  ]irove  her  surrender  ol'  the  pow- 
er he  claims  for  Congress. 

To  add  to  the  strength  of  this  claim,  the  advocates  of  the  power 
hold  up  the  name  of  Jefl'erson  in  its  favor,  and  go  so  far  as  to  call 
him  the  author  of  the  so  called  Wilmot  proviso,  which  isbut  a  gen- 
eral expression  of  a  power  of  which  the  Missouri  compromise  is  a 
case  of  its  application.  If  we  may  judge  by  his  opinion  ol  that 
case,  what  his  opinion  was  of  the  principle,  instead  of  being  the 
author  of  the  proviso,  or  being  in  its  favor,  no  one  could  be  more 
deadly  hostile  to  it.  In  a  letter  addressed  to  the  Elder  Adams,  in 
1819,  in  answer  to  one  from  him,  he  uses  these  remarkable  ex- 
pressions in  reference  to  the  Missouri  question  : 

"  Tlie  banlcs,  bankrupt  law,  nianufacturera,  Spanisli  treaty,  are  nothing.  These 
are  occurrences,  wliicti.  like  waves  in  aslorm.  will  pass  under  the  ship.  Hnt  the  Mis- 
sonri  niiestion  is  a  breakeron  which  we  low  tile  Missouri  country  by  revolt,  aud  what 
more  God  only  knows.'* 


To  understand  the  full  force  of  these  expressions  it  must  be  borne 
in  mind  that  the  questions  enumerated  were  the  great  and  excitin" 
political  of  the  day  on  which  parties  decided.  The  banks  and 
bankrupt  law  had  long  been  so.  Manufactures,  or  what  has  since 
been  called  the  protective  tarill",  was  at  t  he  time  a  subject  of  great 
excitement,  as  was  the  Spanish  treaty,  that  is  the  treaty  by  which 
Florida  was  ceded  to  the  Union,  and  by  which  the  western  boundary 
between  Mexico  and  the  United  States  was  settled  from  the  Gulf  of 
Mexico  the  Pacific  ocean.  All  these  exciting  party  questions  of  the 
day  Mr.  Jefferson  regarded  as  nothing  compared  to  the  Missouri 
question.  He  looked  on  all  of  them  as  in  their  nature  fugitive; 
and  to  use  his  own  forcible  expression,  ''  would  pass  off  under  the 
ship  of  State  like  waves  in  a  storm."  Not  so  that  fatal  question. 
It  was  a  breaker  on  which  it  was  destined  to  be  stranded;  and  yet 
his  name  is  quoted  by  the  incendiaries  of  the  prcsen  day  in  support 
of,  and  as  the  author  of,  a  proviso  which  would  give  indefinite  and 
universal  extension  of  this  latal  question  to  all  tlie  territories  !  It 
was  compromised  the  next  year  by  the  adoption  of  the  line  to 
which  I  liave  referred.  Mr.  Holmes,  of  Maine,  long  a  mem!)er 
of  this  body,  who  voted  for  the  measure,  adilresscd  a  letter  to  Mr. 
Jcll'crson,  inclosing  a  copy  of  his  speech  on  the  occasion.  It  drew  out 
an  answer  from  him  which  ought  to  be  treasured  up  in  the  heart  of 
every  man  who  loves  the  country  and  its  institutions.  It  is  brief. 
I  will  send  it  to  the  Secretary  to  be  read.  The  time  of  the  SQpate 
cannot  be  better  occupied  than  in  listening  to  it : 
Tti  Jofnt  J/olmes. 

MoNTicELl.o,  April  i>3,  1830. 

T  lliank  you,  dear  sir,  for  the  copy  you  have  l)cen  so  kind  aslo  send  me  of  the  lelU-r 
To  your  consliments  on  tlic  Missouri  r|uc8tion.  It  is  a  perfect  juslilicar ion  10  tlieiu.  I 
liad  for  a  lonj;  time  ceased  lo  read  news[,aper8,  or  pay  riny  allentioti  lo  public  attaint, 
confident  (hey  were  in  fjood  hands,  and  content  lo  be  a  possen;;er  in  our  bark  to  the 
shore  from  which  1  am  not  distant,  ilut  this  moinenlous  question,  like  a  fire  hell  in 
the  nij,dit,  awakened  and  filled  me  with  terror.  I  considererl  it  at  once  as  the  knell  of 
the  Union.  It  is  hoshfd,  indeed,  for  the  moment.  But  this  is  a  reprieve  only,  not  a 
final  sentence.  A  geographical  line,  coinciding  with  a  marked  principle,  moral  and 
political,  once  conceived  and  held  up  lo  the  angry  passions  of  men,  will  never  be  ob- 
literated ;  and  every  new  irritation  will  mark  it  deeper  and  deeper.  I  can  say,  Willi 
conscious  truth,  that  there  is  not  a  man  on  earth  wlio  would  sacrifice  more  than  I 
would  to  relieve  ns  from  this  heavy  reproach,  in  nny  praclircblc  way.  The  ces«iou 
of  that  kind  of  property,  (for  so  it  is  misnamed)  isa  bagalclle,  which  would  not  cost 
nie  a  second  thought,  if  in  that  way.  a  general  emancipation  and  eipntrititiiin  could 
be  effected  :  and  gradually,  and  with  due  sncriliees,  I  think  it  might  be.  Hut  as  it  is, 
we  haze  the  wolf  by  the  ears,  and  we  can  neither  hohl  him,  nor  safely  let  him  go. — 
Justice  is  in  one  scale,  and  self-preservation  in  the  other.  Of  one  thing  I  am  certain, 
that  as  the  passage  of  free  sla%'C8  from  one  State  to  another,  would  not  make  a  slave  of 
a  single  human  Ireing  who  would  not  be  so  without  it,  so  their  rlitfusion  over  a  greater 
surface  would  make  them  individually  happier,  and  proportionally  facilitate  llicac- 
coinplifhment  of  their  emancipation,  by  dividing  the  burden  on  a  greatei  numlter  of 
coadjutors.  An  abstinence,  too,  from  this  act  of  power,  would  remove  the  jealousy 
excited  by  the  undertaking  of  Congress  to  regulate  the  condition  of  the  diflercut  de- 
scriptions'of  men  composing  a  Stale.  This  certainly  is  the  exclusive  right  of  every 
State,  which  nothing  in  the  constitution  has  taken  from  them,  and  given  to  the  gene- 
ra] government-  Could  Congress,  for  example,  say,  that  the  non-freemen  of  Connec- 
ticut shall  be  freemen,  or  tiiat  they  shall  not  emigrate  into  any  other  Stale  ? 

1  regret  that  I  am  now  to  die  in  lite  belief,  that  the  useless  sacrifice  of  themselves  by 
the  generation  of  1776,  to  acquire  self  government  and  happiness  to  their  country,  is 
to  be  thrown  away  by  the  unwise  and  unworthy  passions  of  their  sons,  and  that  my 
only  consolation  is  to  be.  that  I  live  not  to  weep  over  it.  If  they  would  hut  dispas- 
sionately weigh  the  blessings  they  will  throw  away,  against  an  abstact  principle,  more 
likely  to  be  effected  by  union  than  by  scission,  liiey  would  pause  before  they  would 
perpetrate  tills  act  of  suicide  on  themselves,  and  of  treason  against  the  hopes  of  the 
world.  To  yourself  as  the  faithful  advocate  of  the  Union,  I  tender  the  otVeringof  my 
high  esteem  and  respect. 

^  THOMAS  JEFFERSON. 

Mark  his  prophetic  words  !    Mark  his  profound  reasoning  ! 

"It  [the  questionj  is  hnshed /er  t/ir*  r/ieinCHt.  Hut  this  is  a  rryiriwe  on/y.  not  .1 
ftiifi!  .-itntejice.  A  geographical  line  coinciding  with  a  marked  principle,  moral  and 
"political,  once  conceived  and  ht'!d  up  to  the  nnirry pa.-'lfion.^  eif  men  KiU  never  be  oUit- 
eeated,  and  every  nnc  irritation  tcill  mark  it  deeper  and  dcejicr." 

Twenty-eight  years  have  passed  since  these  remarkable  words 
were  penned,  and  there  is  not  a  thought  which  time  has  not  thus 
lar  verified  ;  and  it  is  to  be  feared  will  continue  to  verify  until  the 
whole  will  be  fulfilled.  Certain  it  is,  that  he  regarded  the  com-_ 
promise  line  as  utterly  inadequate  to  arrest  that  fatal  course  of 
events,  which  his  keen  sagacity  anticipated  from  the  question.  It 
was  but  a  "  reprieve."  Mark  the  deeply  melancholy  impression 
which  it  made  on  his  mind  : 

"I  regret  that  lam  to  die  in  the  belief,  that  the  u.seless  sacrifice  of  themselves  by  the 
"eneratfon  of  1776,  to  acquire  self  government  and  happiness  for  Iheinselvcs  is  lo  lie 
thrown  away  by  the  unwise  and  unworthy  passions  o'£  their  sons,  and  that  my  only 
consolation  is  to  be,  that  I  shall  live  not  to  weep  over  it." 

Can  any  one  believe,  after  listening  to  this  letter,  that  Jefferson 
is  the  author  of  the  so-called  Wilmot  proviso,  or  ever  favored  it  ? 
And  yet  there  are  at  this  time  strenuous  efforts  making  in  the  North 
to  form  a  purely  sectional  party  on  it,  and  that,  too,_  under 
the  sanelion  of  those  who  profess  the  highest  veneration  for 
his  character  and  principles  !  But  I  must  speak  the  truth  :  while 
I  vindicate  the  memory  of  Jefferson  from  so  foul  a  charge,  I  hold 
he  is  not  blameless  in  reference  to  this  subject.  He  committed  a 
great  error  in  inserting  the  provision  be  did,  in  the  plan  he  report- 
ed for  the  government  of  the  territory,  as  much  modified  as  it  was. 
It  was  tbe'first  blow — the  first  essay  "to  draw  a  geographical  line 
coinciding  with  a  marked  principle,  moral  and  political."  It  ori- 
ginated with  him  in  philanthropic,  but  mistaken  views  of  the  most 
Sangerous  character,  as  I  shall  show  in  the  sequel.  Others,  with 
very  different  feelings  and  views,  followed,  and  have  given  to  it  a 
direction  and  impetus,  which,  if  not  promptly  and  efficiently  ar- 
rested, will  end  in  the  dissolution  of  the  Union  and  the  destructioa 
of  our  political  institutions. 

I  have,  I  trust,  established  beyond  controversy,  that  neither  the 
ordinance  of  1787.  nor  the  Missouri  compromise,  nor  the  prece- 
dents growing  out  of  them,  nor  the  authority  of  Mr.  Jeffer. 
son,  furnishes  any  €videii(;e  whatever,  to  prove  that  Congress  poss 


782 


THE  OREGON  BILL. 


[Tuesday, 


sesses  the  power  over  the  territory,  claimed  by  those  who  advocate 
the  ]2lh  section  of  this  bill.  But  admit,  for  the  sake  of  argument, 
that  1  am  mistaken,  and  that  the  objections  I  have  urged  against 
them  are  groundless — sive  them  all  the  force  whicli  can  be  claimed 
for  precedents — and  they  would  not  have  the  weight  of  a  feather 
against  the  strong  presumption  which  I,  at  the  outset  of  my  re- 
marks, showed  to  be  opposed  to  the  existence  of  the  power.  Pre- 
cedents, even  in  a  court  of  justice,  can  have  but  little  weight,  ex- 
cept where  the  law  is  doubtful,  and  should  have  little  in  a  delibe- 
rative body  in  any  case  on  a  constitutional  question,  and  none, 
where  the  power  to  -which  it  has  been  attempted  to  trace  it  docs 
not  exist,  as  I  have  shown,  I  trust,  to  be  the  case  in  this  instance. 

But  while  I  deny  that  the  clause  relating  to  the  territory  and 
other  property  of  the  United  States,  confers  any  governmental,  or 
that  Congress  possesses  absolute,  power  over  the  territories,  I  by 
no  means  deny  that  it  has  any  power  over  them.  Such  a  denial 
would  be  idle  on  any  occasion,  but  much  more  so  on  tliis,  when  we 
are  engaged  in  constituting  a  territorial  government,  without  au 
objection  being  whispered  from  any  quarter  against  our  right  to  do 
so.  If  there  be  any  Senator  of  that  opinion,  he  ought  at  once  to 
rise  ar.d  move  to  lay  the  bill  on  tlic  table,  or  to  dispo.se  of  it  m  some 
other  way,  so  as  to  prevent  the  waste  of  time  on  a  subject  upon 
which  wc  have  no  right  to  act.  Assuming,  then,  that  we  possess 
the  power,  the  only  questions  that  remain  are — whence  is  it  deriv- 
ed '>  aiid,  what  is  its  extent  ? 

As  to  its  origin,  I  concur  in  the  opinion  expressed  by  Chief  Jus- 
tice Marshall,  in  one  of  the  cases  read  by  the  Senator  from  New 
York,  that  it  is  derived  from  the  right  of  acquiring  territory  ;  and 
I  am  the  more  thoroughly  confirmed  in  it  from  the  lact,  that  I  en- 
tertained the  opinion  hing  before  I  knew  it  lo  be  Ins.  As  to  the 
right  of  acquiring  territory,  I  agree  with  the  Senator  from  New 
York,  that  it  is  embraced,  without  going  farther,  both  in  the  war 
and  treaty  powers.  Admitting,  then,  what  has  never  been  denied, 
and  what  if.  would  be  idle  to  do  so  in  a  discussion,  which  relates  to 
territories  acquired  both  by  war  and  treaties,  that  the  United 
Slates  have  the  right  to  acquire  territories,  it  would  seem  to  fol- 
low bv  necessary  consequence,  that  they  liave  the  right  to  govern 
them.  As  they  possess  the  entire  right  of  soil,  dominion,  and  so- 
vereignty over  them,  they  must  necessarily  carry  with  them  the 
right  to  govern.  But  this  government,  as  the  sole  agent  and  rep- 
resentative of  the  United  States — that  is,  the  States  of  the  Union 
in  their  federal  chai  aeter — must,  as  such,  possess  the  sole  right  if 
it  ex'sts  at  all.  But  if  there  be  any  one  disposed  to  take  a  differ- 
ent view  of  the  origin  of  the  power,  I  shall  make  no  points  with 
him,  for  whatever  may  be  its  origin,  the  conclusion  would  be  the 
same,  as  1  shall  presently  show. 

But  It  would  be  a  great  error  to  conclude  that  Congress  has  the 
absolute  power  of  governing  the  territories,  because  it  has  the  sole 
or  exclusive  power.  The  reverse  is  the  case.  It  is  subject  to 
many  and  important  restrictions  and  conditions,  of  which  some  are 
expressed  and  others  nn plied.  Among  the  former  may  be  classed 
all  the  general  and  absolute  prohibitions  of  the  constitution  ;  that 
is,  all  those  which  prohibit  the  exercise  of  certain  powers  under 
any  circumstance.  In  Ibis  class  is  included  the  prohibition  of 
granting  titles  of  nobility  ;  passing  ex  post  facto  laws  and  bills  of 
attainder  ;  the  suspension  of  the  writ  of  hubcas  corpus,  except  in 
certain  cases  ;  making  laws  respecting  the  establishment  of  reli- 
gion, or  prohibiting  its  free  exercise  ;  and  every  other  of  like  de- 
scription, which  conclusively  shows  that  the  power  of  Congress 
over  the  territories  is  not  absolute.  Indeed,  it  is  a  great  error  to 
suppose,  that  either  this  or  the  State  governments  possess  in  any 
case  absolute  power.  Such  power  can  belong  only  to  the  supreme 
ultimate  power  called  sovereignty,  and  that,  in  our  system,  resides 
in  the  people  of  the  several  States  of  the  Union.  With  us,  govern- 
ments, both  fedcial  and  State,  are  but  agents,  or,  more  properly, 
trustees,  and,  as  such,  possess,  not  absolute,  but  subordinate  and 
limited  powers  ;  for  all  powers  possessed  by  such  governments 
must  from  their  nature  be  trust  powers,  and  subject  to  all  the  re- 
strictions to  which  that  class  of  powers  are. 

Among  them,  they  are  roslrioted  to  the  nature  and  the  objects 
of  the  tru-^l;  and  hence  no  government  under  our  system,  federal 
or  State,  has  the  right  to  do  any  thing  inconsistent  vvith  the  nature 
of  the  powers  entrusted  to  it.  or  the  objects  for  which  it  was  en- 
trusted, or  to  express  it  in  more  usual  language,  for  which  it  was 
delegated.  To  do  either  would  be  to  pervert  the  power  to  pur- 
poses nevi.r  intended,  and  would  be  a  violation  of  the  constitution, 
and  that  in  the  most  dangerous  way  it  could  be  made,  because  more 
easily  done  and  less  easily  detected.  But  there  is  another  and 
important  class  of  restrictions  which  more  directly  relate  to  the  sub- 
ject under  discussion:  I  refer  to  those  imposed  on  the  trustees  by  the 
nature  and  character  of  the  party,  who  constituted  the  trustees  and 
invested  them  with  the  trust  powers  to  bo  exercised  for  its  bcno 
fit.  In  this  case  it  is  the  United  States,  that  is  the  several  States 
of  the  Union.  It  was  they  who  constituted  the  government  as 
their  representative  or  trustee,  and  entrusted  it  with  powers  to  be 
cxerei.sed  for  their  common  and  joint  benefit.  To  them  in  their 
united  character  the  territories  belong,  as  is  expressly  declared  by 
the  eonstitntion.  They  are  their  joint  and  common  owners,  re- 
garded as  property  or  land;  and  in  them,  severally,  reside  the  do- 
minion and  sovereignty  over  them.  They  are  as  much  the  terri- 
tories of  one  State  as  another, — of  Virginia  as  of  New  York;  of 
the  .southern  as  the  northern  States.  They  are  the  territories  of 
all,  because  they  are  the  territories  of  each;  and  not  of  each,  be- 
cause they  are  the  territories  of  the  whole.  Add  to  tlii.s  the  per- 
fect equality  of  dignity,  as  well  ns  rights,  which  appertain  to  them 
CIS  members  of  a  common  federal  Union,  which  all  writers  on  tlio 


subject  admit  to  be  a  fundamental  and  essential  relation  between 
States  so  united,  and  it  must  be  manifest  that  Congress,  in  go- 
verning the  territories,  can  give  no  prefeienee  or  advantage  to  one 
State  over  another,  or  to  one  portion  or  section  of  the  Union  over 
another,  without  depriving  the  State,  or  section  over  which  the 
preference  is  given,  or  from  which  the  advantage  is  withheld,  of 
their  clear  and  unquestionable  right,  and  subverting  the  very  foun- 
dation on  which  the  Union  and  government  rest.  It  has  no  more 
power  to  do  so  than  to  subvert  the  constitution  itself.  Indeed  the 
act  itself  would  be  its  subvertion  It  would  destroy  the  relation 
of  equality  on  the  part  of  the  southern  States,  and  sink  them  to 
mere  dependants  of  the  northern,  to  the  total  destruction  of  the 
federal  Union. 

I  have  now  shown,  I  trust,  beyond  controversy,  that  Congress" 
has  no  power  whatever  to  exclude  the  citizens  of  the  somhern 
States  from  emigrating  with  their  property  into  the  territories  of 
the  United  States,  or  to  give  an  exclusive  monopoly  of  them  to 
the  North.  I  now  propose  to  go  one  step  farther,  and  show  that 
neither  the  inhabitants  of  the  territories  nor  their  legislatures  have 
any  such  right.  A  very  few  words  will  be  sufficient  for  the  pur- 
pose; for  of  all  the  positions  ever  taken,  I  hold  that  which  claims 
the  power  for  them  to  be  the  most  absurd.  If  the  territories  be- 
long to  the  United  States — if  the  ownership,  dominion  and  sove- 
reignty over  them  be  in  the  States  of  this  Union,  then  neither  the  ' 
inhabitants  of  the  territories,  nor  their  legislatures,  can  exercise 
any  power  but  what  is  subordinate  to  them;  but  if  the  contrary 
could  be  shown,  which  I  hold  to  be  impossible,  it  would  be  subject 
to  all  the  restrictions,  to  which  I  have  shown  the  power  of  Con- 
o-resa  is,  and  for  the  same  reason,  whatever  power  they  might 
hold  would,  in  the  case  supposed,  be  subordinate  to  the  constitu- 
tion and  controlled  by  the  nature  and  character  of  our  political 
institutions.  But  if  the  reverse  be  true — if  the  dominion  and  sove- 
reignty over  the  territories  be  in  their  inhabitants,  instead  of  the 
Uiuted  States,  they  would  indeed,  in  thai  case,  have  the  exclusive 
and  absolute  power  of  governing  them,  and  might  exclude  whom 
they  pleased,  or  what  they  pleased.  But,  in  that  case  they  would 
cease  to  be  the  territories  of  the  United  States,  the  moment  we 
acquired  them  and  permit  them  to  be  inhabited.  The  first  half 
dozen  of  squatters  would  become  tiie  sovereigns,  with  full  domin- 
ion and  sovereignty  over  them;  and  the  conquered  people  of  New 
Mexico  and  California  would  become  the  sovereigns  of  the  coun- 
try as  soon  as  they  become  the  territories  of  the  United  States, 
vested  with  the  full  right  of  excluding  even  their  conquerers. — 
There  is  no  escaping  from  the  alternative,  but  by  resorting  to  the 
greatest  of  all  absurdities,  that  of  a  divided  sovereignty — a  sove- 
rei'nity,  a  part  of  which  would  reside  in  the  United  States,  and  a 
part  in  the  inh.abitants  of  the  territory.  How  can  sovereignty — 
the  ultimate  and  supreme  power  of  a  State — be  divided  ?  The  ex- 
ercise  of  the  powers  of  sovereignty  may  be  divided,  but  how  can 
there  be  two  supreme  powers? 

We  are  next  told  that  the  laws  of  Mexico  preclude  slavery  ; 
and  assuming  that  they  will  remain  in  force  until  repealed,  it  ia 
contended,  that  until  Congress  passes  an  act  for  their  repeal,  the 
citizens  of  the  South  cannot  emigrate  with  their  property  into  the 
territory  acquired  from  her.  I  admit  the  laws  of  Mexico  prohib- 
it not  s'lavery,  but  slavery  in  the  form  it  exists  with  us.  The 
Puros  are  as  much  slaves  as  our  negroes,  and  are  less  intelligent 
and  well  treated.  But,  I  deny  that  the  laws  of  Mexico  can  have 
the  effect  attributed  to  them.  As  soon  as  the  treaty  between  the 
two  countries  is  ratified,  the  sovereignty  and  authority  of  Mexico 
in  the  territory  acquired  by  it  becomes  extinct  and  that  of  the  United 
States  is  substituted  in  its  place,  carrying  with  it  the  constitution, 
with  its  overriding  control  over  all  the  laws  and  institutions  of  Mexi- 
co inconsistent  with  it.  It  is  true,  the  municipal  laws  of  the  territory 
not  inconsistent  with  the  condition  and  the  nature  of  our  political 
system  would,  according  to  the  writers  on  the  laws  of  nations,  re- 
main, until  changed,  not  as  a  matter  of  right,  but  merely  of  suf- 
ferance, and  as  between  the  inhabitants  of  territory,  in  order  to 
avoid  a  state  of  anarchy,  before  they  can  be  brought  under  eur 
laws.  This  is  the  utmost  limits  to  which  sulferanoc  goes.  Under_ 
it  the  peon  system  would  continue  ;  but  not  to  the  exclusion  of 
such  of  our  citizens  as  may  choose  to  emigrate  with  their  slaves 
or  other  property,  that  may  be  excluded  by  the  laws  of  Mexico. 
The  humane  provisions  of  the  laws  of  nations  go  no  farther  than 
to  protect  the  inhabitants  in  their  property  and  civil  rights,  under 
their  former  laws,  until  others  can  be  substituted.  To  extend  them 
farther  and  give  them  the  force  of  excluding  emigrants  from  the 
United  States,  because  their  property  or  religion  are  such  as  are 
prohibited  from  being  introduced  by  the  laws  of  Mexico,  would 
not  only  exclude  a  great  majority  of  the  people  of  the  United 
States  from  emigrating  into  the  .acquired  territory,  but  would  bo 
to  give  a  higher  authority  to  the  extinct  authority  of  Mexico  over 
the  territorv  than  to  inir  actual  authonty  over  it.  I  say  the  great 
majority,  for  the  law.-s  of  Blexico  not  only  prohibit  the  introduction 
of  slaves,  but  of  many  other  descriptions  of  property,  and  also 
the  Protestant  religion,  which  Congress  itself  cannot  prohibit.  To 
such  absurdity  would  the  supposition  lead. 

I  have  now  concluded  the  discussion,  so  far  as  it  relates  to  the 
power  ;  and  have,  I  trust,  established  boyond  controversy,  that  the 
territories  are  free  and  open  to  all  of  the  citizens  of  the  United 
States,  and  that  there  is  no  power  under  any  aspect  the  subject 
can  be  viewed  in  by  which  the  citizens  of  the  South  can  be  excluded 
from  emigrating  with  their  property  into  any  of  them.  I  have 
advanced  no  argument  which  1  do  not  believe  to  be  true,  nor 
pushed  any  one  beyond  what  truth  would  strictly  warrant.  But, 
if  mistaken,  if  my  arguments  instead  of  being  souad  and  true,  as 


June  27. | 


THE  OREGON  BILL. 


783 


I  hold  them  beyond  controversy  to  be,  should  turn  out  to  be  a 
mere  mass  of  sophisms,  and  if  in  corsequencc,  tho  barrier  opposed 
by  tho  want  of  power,  should  be  surmounted,  there  is  another  still 
in  the  way,  that  cannot  be.  The  mere  possession  of  power  i^  not 
of  itself  sufficient  to  justify  its  exercise.  It  must  be  in  addition 
shown,  that  in  tho  given  case  it  can  bo  rightfully  and  justly  exer- 
cised. Under  our  system,  the  first  enfjuiry  is  :  does  the  constitu- 
tion authorize  the  exercise  of  the  power  ?  If  that  bo  decided  m 
tho  affirmative,  the  next  is  :  can  it  be  riiibtfully  and  justly  exer- 
cised under  the  circumstances?  And  it  is  not,  until  that  too  is 
decided  in  the  affirmative,  that  the  ([uestion  of  the  expediency  of 
exercising  it,  is  presented  for  consideration. 

Now,  I  put  tho  quastion  solemnly  to  tho  Senators  from  the 
North:  Can  you  rightly  and  justly  exclude  the  South  from  territo 
ries  of  tho  United  States,  and  monopolize  them  for  yourselves, 
even,  if  in  your  opinion,  you  should  have  tho  power?  It  is  this 
question  I  wish  to  press  on  your  attention,  with  all  due  solemnity 
and  decorum.  The  North  and  the  South  stand  in  ihe  relation  of 
partners  in  a  common  Union,  with  equal  dignity  and  qeual  rights. 
We  of  the  South  have  contributed  our  full  share  of  funds,  and  shed 
our  full  share  of  blood  for  tho  acquisition  of  our  territories.  Can 
you,  then,  on  any  principle  of  equity  and  justice  deprive  us  of  our 
full  share  in  their  benefit  and  advantages  ?  Arc  you  ready  to  af- 
.  firm  that  a  majority  of  the  partners  in  a  joint  concern  havQ  tho 
right  to  monopolize  its  benefits  to  the  exclusion  of  tho  minority, 
even  in  cases  where  they  have  conlrLbuled  their  full  share  to  the 
concern?  But  to  present  the  case  more  strongly  and  vividly,  I 
shall  descend  from  generals  to  particulars,  and  shall  begin  with 
the  Oregon  Territory.  Our  title  to  it  is  founded  first,  and  m  my 
opinion  mainly,  on  our  purchase  of  Louisiana;  that  was  strength- 
ened by  the  Fliuida  treaty,  which  transferred  to  us  tho  title  also 
of  Spain;  and  both  by  the  discovery  of  the  mouth  of  Columbia  ri- 
ver by  Capt.  Gray,  and  the  exploration  of  the  entire  stream,  from 
its  source  down  to  its  mouth,  by  Lewis  and  Clark.  The  purchase 
of  Louisiana  cost  fifteen  millions  of  dollars;  and  we  paid  Spain  five 
millions  for  tho  Florida  treaty;  making  twenty  in  all.  This  large 
sum  was  advanced  out  of  the  common  funds  of  tho  Union,  the 
South,  to  say  the  least,  contributing  her  full  share.  The  discov- 
ery was  made,  it  is  true,  by  a  citizen  of  Rlassachusclls;  but  he 
sailed  under  tho  flag  and  protection  of  the  Union,  and  of  course 
whatever  title  was  derived  from  his  discovery,  accrued  to  the  Icn- 
efit  of  the  Union.  The  exploration  of  Lewis  and  Clark  was  at  the 
expense  of  the  Union.  We  are  now  about  to  form  it  into  a  terri- 
tory; the  expense  of  governing  which,  while  it  retuaiiis  so,  must 
be  met  out  of  the  common  fund,  and  towards  which  tho  South  must 
contribute  her  full  share.  The  expense  will  not  be  small.  Already 
there  is  an  Indian  war  to  be  put  down,  and  a  regiment  for  that 
purpose,  and  to  protect  the  territory,  has  been  ordered  there. — 
To  what  extent  the  expense  may  extend  we  know  not,  but  will 
not,  improbably,  involve  millions  before  the  territory  becomes  a 
State.  I  now  ask,  is  it  right;  is  it  just;  after  having  contributed 
our  full  share  for  the  acquisition  of  the  territory,  with  the  liability 
of  contributing,  in  addition  to  our  full  share  of  the  expense  for  its 
government,  that  wo  should  bo  shut  out  of  the  territory,  and 
be  excluded  from  participating  in  its  benefits?  What  would 
be  thought  of  such  conduct  in  the  case  of  individuals?  And 
can  that  be  right  and  just  in  government,  which  any  right  minded 
man  would  cry  out  to  be  base  and  dishonest  in  private  life  ?  If  it 
■would  bo  so  pronounced  in  a  partnership  of  thirty  individuals,  how- 
can  it  bo  pronounced  otherwise  in  one  of  thirty  States  ? 

The  case  of  our  recently  acquired  territory  from  Mexico,  is,  if 
possible,  more  marked.  The  events  connected  with  tho  acquisi- 
tion are  too  well  known  to  require  a  long  narrative.  It  was  won 
by  arms,  and  a  great  sacrifice  of  men  and  money.  The  South, 
in  the  contest,  perl'ormed  her  full  share  of  military  duty,  and  earned 
a  full  share  of  military  honor;  has  poured  out  her  full  share  of 
blood  freely,  and  has  and  will  bear  a  full  share  of  the  expense; 
has  evinced  a  full  share  of  skill  and  bravery,  .and  if  I  were  to  say 
even  more  than  her  full  share  of  both,  I  would  not  go  bcvoiid  the 
truth;  to  be  attributed,  however,  to  no  superiority,  in  cither  res- 
pect, but  to  accidental  circumstances,  which  gave  both  its  olBcers 
and  soldiers  more  favorable  opportunities  for  their  dis|il,ay.  All 
have  done  their  duty  nobly,  and  high  courage  and  gallantry  are 
but  common  attributes  of  our  people.  Would  it  be  right  and  just 
to  close  a  territory  thus  won  against  the  South,  and  leave  it  open 
exclusively  lo  the  North  ?  Would  it  deserve  the  name  of  free  soil, 
if  one  half  of  the  Union  should  be  excluded  and  tho  other  half 
should  monopolize  it,  when  it  was  won  by  the  joint  expense  and 
joint  efforts  of  all  ?  Is  the  great  law  to  be  reversed — that  which 
is  won  by  all  should  be  equally  enjoyed  by  all  ?  These  are  qiics- 
tions  which  address  themselves  more  to  the  heart  than  the  ho.ad. 
Feeble  must  be  the  intellect  which  does  not  see  what  is  right  and 
just,  and  bad  must  be  tho  heart,  unless  unconsciously  under  the  con- 
trol of  deep  and  abiding  prejudice,  which  hesitates  in-pronouncing 
on  which  side  they  are  to  be  found.  Now,  I  put  the  question  to 
the  Senators  from  the  North,  what  are  you  prepared  to  do  ?  Are 
you  prepared  to  prostrate  the  barriers  of  the  constitution,  and  in 
open  defiance  of  the  dictates  of  equity  and  justice,  to  exclude  the 
South  from  tho  territories  and  monopolize  them  for  the  North  ? 
If  so,  vote  against  the  amendment  nflijred  by  ihe  Senator  from 
Mississippi,  [Mr.  Davis,]  and  if  that  should  fail,  vole  against 
striking  out  the  12th  section.  We  shall  then  know  what  to  ex- 
pect. If  not,  place  us  on  some  ground  where  we  can  stand  as 
equals  in  rights  and  dignity,  and  where  we  shall  not  be  excluded 
from  what  has  been  acquired  at  the  common  expense,  and  won  by 
common  skill  and  gallantry.    All  we  demand  is   to   stand  on  the 


same  level  with  yourselves,  and  to  participate  equally  in  what  b  e 
longs  to  all.     Less  we  cannot  take. 

I  turn  now  to  my  friends  of  the  South,  and  ask,  what  are  you 
prepared  to  do  ?  If  neither  the  harriers  of  the  constitution  nor  the 
high  sense  of  right  and  justice  should  prove  sufficient  to  protect 
you,  are  you  prepared  to  sink  down  into  a  state  of  acknowledged 
inferiority  ;  to  be  stripped  of  your  dianity  of  equals  among  equals, 
and  be  deprived  of  your  equality  of  rights  in  this  federal  partner- 
ship of  States?  If  so,  you  are  wofully  degenerated  from  your 
sires,  and  will  well  deserve  to  change  condition  with  your  slaves  ; 
but  if  not,  prepare  to  meet  the  issue.  The  time  is  at  hand,  if  tho 
question  should  not  be  speedily  settled,  when  tho  South  must  rise 
up,  and  bravely  defend  herself,  or  sink  down  into  base  and  ac- 
knowledged inferiority  ;  and  it  is  because  I  clearly  perceive  that 
that  period  is  favorable  lor  settling  it,  if  it  is  ever  lo  be  settled, 
that  I  am  in  favor  of  pressing  the  question  now  to  a  decision — 
not  because  I  have  any  desire  whatever  to  embarrass  either 
party  in  reference  to  the  Presidential  election.  At  no  other 
period  could  the  two  great  parties  into  which  the  country 
is  divided  be  made  to  see  and  feel  so  clearly  and  intensely 
the  embarrassment  and  danger  caused  by  the  question.  Indeed, 
thej'  must  be  blind  not  to  perceive  that  there  is  a  power  in 
action  that  must  burst  asunder  the  ties  that  bind  them  together, 
strong  as  they  are,  unless  it  should  be  speedily  settled.  Now  is 
the  time,  if  ever.  Cast  your  eyes  to  the  North,  and  mark  what  is 
going  on  there  ;  reflect  on  the  tendency  of  events  lor  tho  last  three 
years  in  reference  to  this  tho  most  vital  of  all  questions,  and  you 
must  see  that  no  time  should  be  lost.  I  am  thus  brought  to  the 
question.  How  can  tiie  question  be  settled  ?  It  can,  in  my  opin- 
ion, be  finally  and  permanently  adjusted  but  one  way,  and  that  is 
on  the  high  principles  of  justice  and  the  constitution.  Fear  not  to 
leave  it  to  them.  The  less  you  i\n  tho  better.  If  tho  North  and 
South  cannot  stand  together  on  their  broad  and  solid  foundation, 
there  is  none  other  on  which  they  can.  If  the  obligations  ol  the 
constitution  and  justice  be  too  feeble  to  command  the  respect  of 
the  North,  how  can  the  South  expect  that  she  will  regard  the  far 
more  feeble  obligations  of  an  act  of  Congress?  Nor  should  the  North 
lear,  that,  by  leaving  it  where  justice  and  the  consiitution  leave 
It,  she  would  be  excluded  from  her  full  share  of  the  territories.  In 
my  opinion,  if  it  be  left  there,  climate,  soil,  and  other  circum- 
stances would  fix  tho  line  between  the  slaveholding  and  non- 
slaveholding  States  in  about  36  30.  It  may  zigzag  a  little,  to 
accommodate  itself  to  circumstances — sometimes  passing  to  the 
North  and  at  others  passing  to  the  south  of  it  ;  but  that  would 
matter  little,  and  would  be  more  satisfactory  to  all,  and  tend  less 
to  alienation  between  the  two  great  sections  than  a  rigid,  straight, 
artificial  line,  prescribed  by  an  act  of  Congress. 

And  here,  let  me  say  to  Senators  from  ihe  North,  you  make  a 
great  mistake  in  supposing  that  tho  portion  which  might  fall  to 
the  South  of  whatever  line  might  be  drawn,  if  left  to  soil,  and 
climate,  and  circumstances  to  determine,  would  be  closed  to  the 
white  labor  of  the  North,  because  it  could  not  mingle  with  slave 
labor  without  degradation.  The  fact  is  not  so.  There  is  no  part 
of  the  world  where  agricultural,  mechanical,  and  other  descrip- 
tions of  labor  are  more  respected  than  in  the  South,  with  the  ex- 
ception of  two  descriptions  of  employment — that  of  menial  and 
body  servants.  No  southern  man — not  the  poorest  or  the  lowest 
— will,  under  anv  circumstance,  submit  to  perlbrm  either  of  them. 
He  has  too  much  pride  for  that,  and  I  rejoice  that  ho  has.  They 
are  unsuited  to  the  spirit  of  a  freeman.  But  the  man  who  would 
spurn  them  feels  not  the  least  degradation  to  work  in  the  same 
field  with  his  slave;  or  to  be  cmployL-d  to  work  with  them  in  the 
same  field  or  in  any  mechanical  operation  ;  and,  when  so  employ- 
ed, they  claim  the  riaht,  and  are  admitted,  in  the  country  portion 
of  the  South,  of  sitting  at  the  table  of  their  employers.  Can  as 
much,  on  the  score  of  equality  be  said  for  the  North  ?  With  us 
the  two  great  divisions  of  society  are  not  the  rich  and  poor,  but 
white  and  black  ;  and  all  the  former,  the  poor  as  well  as  the 
rich,  belong  to  the  upper  class,  and  are  respected  and  treated 
as  equals,  if  honest  and  industrious;  and  hence  have  a  position 
and  pride  of  character  of  which  neither  poverty  nor  misfortune  can 
deprive  them. 

But  I  go  further,  and  hold  that  jnstiee  and  the  constitntion  are 
the  easiest  and  safest  guard  on  which  the  cpiestion  can  be  settled, 
regarded  in  reference  to  party.  It  may  be  settled  on  that  ground 
simply  by  non-action — by  leaving  the  territories  free  and  open  to 
the  emigration  of  all  the  world,  so  long  as  they  continue  so,  and 
when  they  become  States,  to  adopt  whatever  constitution  they 
please,  with  the  single  restriction,  to  be  republican,  in  order  to 
their  admission  into  the  Union.  If  a  party  cannot  safely  take  this 
broad  and  solid  position  and  successfully  maintain  it,  what  other 
can  it  take  and  maintain  ?  If  it  cannot  maintain  itself  by  an  ap- 
peal to  the  great  principles  of  justice,  the  constitution,  and  self- 
government,  lo  what  other,  sufliciently  strong  to  uphold  them  in 
public  opinion,  can  they  appeal  ?  I  greatly  mistake  the  charac- 
ter of  the  people  of  this  Union  if  such  an  appeal  would  not  prove 
successful,  if  either  party  should  have  the  magnanimity  to  step 
forward,  and  boldly  make  it.  It  would,  in  my  opinion,  be  received 
with  shouts  of  approbation  by  the  patriotic  liid  intelligent  in  every 
quarter.  There  is  a  deep  feeling  prevailing  the  country  that  the 
Union  and  our  political  institutions  are  in  danger,  which  such  a 
course  would  dispel,  and  spread  joy  over  the  land. 

Now  is  the  time  to  take  the  step",  and  bring  about  a  result  so  de- 
voutly to  be  wished.  I  have  believed  from  the  beginning  that  this 
was  the  only  question  sutficiently  potent  to  dissolve  the  Union, 
and  subvert  our  system  of  government ;  and  that  the  sooner  it  was 


784 


THE  OREGON  BILL. 


[Tuesday, 


met  and  settled,  the  safer  and  better  for  all.  1  have  never  doubt- 
ed but  that  if  permitted  to  progress  beyond  a  certain  point,  its 
settlement  would  become  impossible,  and  am  under  deep  convic- 
tion that  it  is  now  rapidly  approaching  it,  and  that  if  it  is  ever  to 
be  averted,  it  must  be  done  speedily.  In  uttering  these  opinions  I 
look  to  the  whole.  If  I  speak  earnestly,  it  is  to  save  and  protect 
all.  As  deep  as  is  the  stake  of  the  South  in  the  Union  and  our 
political  institutions,  it  is  not  deeper  than  that  of  the  North.  We 
shall  be  as  well  prepared  and  as  capable  of  meeting  whatever  may 
come,  as  you. 

Now,  let  me  say,  Senators,  if  our  Union  and  system  of  gov- 
ernment are  doomed  to  perish,  and  we  to  'share  the  fate  of  so 
many  great  people  who  have  gone  before  us,  the  historian,  who, 
in  some  future  day,  may  record  the  events  tending  to  so  ca- 
lamitous a  result,  will  devote  his  first  chapter  to  the  ordinance 
of  '87,  as  lauded  as  it  and  its  authors  have  been,  as  the  first  in  that 
series  which  led  to  it.  His  next  chapter  will  be  devoted  to  the 
Missouri  compromise,  and  the  ne.\t  to  the  present  agitation.  Whe- 
ther there  will  bo  aiiOther  beyond,  I  know  not.  It  will  depend  on 
what  we  may  do. 

If  he  should  possess  a  philosophical  turn  of  mind,  and  be  dispos- 
ed to  lodk  to  more  remote  and  recondite  causes,  ho  will  trace  it  to 
a  proposition  which  originate  in  a  hypothetical  truism,  but  which, 
as  now  expressed  and  now  understood,  is  the  most  false  and  dan- 
gerous of  all  political  error.  The  proposition  to  which  I  allude, 
has  become  an  axiom  in  the  minds  of  a  vast  majority  on  both  sides 
of  the  Atlantic,  and  is  repeated  daily  from  tongue  to  tongue,  as 
an  established  and  incontrovertible  truth  ;  it  is,  that  ''all  men  are 
born  free  and  equal."  I  am  not  afraid  to  att.ack  error,  however 
deeply  it  may  be  entrenched,  or  however  widely  extended,  when- 
ever it  becomes  my  duty  to  do  so,  as  I  believe  it  to  be  on  this  subject 
and  occasion. 

Taking  the  proposition  literally,  (it  is  in  that  sense  it  is  under- 
stood) there  is  not  a  word  of  truth  in  it.  It  begins  with  "all  men 
are  born,"  which  is  utterly  untrue.  Men  are  not  born.  Infants 
are  born.  They  grow  to  be  men.  And  concludes  with  asserting  that 
tliev  are  born  "iVeo  and  eijual,"  which  is  not  less  false.  They  are 
not  born  free.  While  infants  they  are  incapable  of  freedom,  be- 
ing destitute  alike  of  the  capacity  of  thinking  and  acting,  without 
wbiob  there  can  be  no  freedom.  Besides,  they  are  necossardy  born 
subject  to  their  parents,  and  remain  so  among  all  people,  savage 
and  civilized,  until  the  development  of  their  intellect  and  physical 
capacity  enable  them  to  take  care  of  themselves.  They  grow  to 
all  the  freedom,  of  which  the  condition  in  which  they  were  born 
permits,  by  growing  to  be  men.  Nor  is  it  less  false  that  they  are 
born  ''  equal."  They  are  not  so  in  any  sense  in  which  it  can  bo 
regarded  ;  and  thus,  as  I  have  asserted,  there  is  not  a  word  of 
truth  in  the  whole  proposition,  as  expressed  and  generally  under- 
stood. 

If  we  trace  it  back,  we  shall  find  the  proposition  differently  ex- 
pressed in  the  declaration  of  independence.  That  asserts  that 
'all  men  are  created  equal."  The  ibrm  of  expression,  though  less 
dangerous,  is  not  less  erroneous.  All  men  are  not  created.  Ac- 
cording to  the  Bible,  only  two,  a  man  and  a  woman,  ever  were, 
and  of  these  one  was  pronounced  subordinate  to  the  other.  All 
others  have  come  into  the  world  by  being  born,  and  in  no  sense, 
as  1  have  shown,  cither  free  or  equal.  But  this  form  of  expres- 
sion being  less  striking  and  popular,  has  given  away  to  the  pre- 
sent, and  under  the  authority  of  a  document  put  forth  on  so  great 
an  occasion,  and  leading  to  such  important  consequences,  has 
spread  far  and  wide,  and  fixed  itself  deeply  in  the  ])ublie  mind.  It 
was  inserted  in  our  declaration  of  independence  without  any  ne- 
cessity. It  made  no  necessary  part  of  our  justification  in  separa- 
ting from  the  parent  country,  and  declaring  ourselves  independent. 
Breach  of  our  chartered  privileges,  and  lawless  encroachment  on 
our  acknowledged  and  wuU  established  rights  by  the  parent  coun- 
try, were  the  real  causes,  and  of  themselves  suflicient,  without  ro- 
.sorting  to  any  other,  to  justify  the  step.  Nor  h:id  it  any  weight 
in  constructing  the  governments  which  were  substituted  in  the 
place  of  the  colonial.  They  were  formed  of  the  old  materials  and 
on  practical  and  well  established  prinriples.  borrowed  for  the  most 
part  from  our  own  experience  and  that  of  the  country  from  which 
we  sprang. 

If  the  proposition  bo  traced  still  farther  back,  it  will  be  found  to 
have  been  adopted  from  certain  writers  on  government  who  had  at- 
tained much  celebrity  in  the  early  settlement  of  these  States,  and 
with  whose  writings  all  the  prominent  actors  in  our  revolution  were 
familiar.  Among  these,  Locke  and  Sidney  were  prtimiiient.  But 
they  expressed  it  very  diiferently.  According  to  their  expression 
"  all  men  in  the  state  of  nature  were  free  and  eipial."  From  this 
the  otliers  were  derived  ;  and  it  was  this  to  which  I  referred  when 
I  called  it  a  hypothetical  truism.  To  understand  why  will  require 
some  explanation. 

Man,  for  the  purpose  of  reasoning,  may  be  regarded  in  three 
different  states  :  in  a  state  of  individuality  ;  that  is,  living  by  him- 
self apart  from  the  rest  of  his  species.  In  the  social  ;  that  is,  liv- 
ing in  society,  associated  with  others  of  his  species.  And  in  the 
politie.'il  ;  that  is,  being  under  government.  We  may  reason  as  to 
what  would  bo  his  rights  and  duties  in  either,  without  taking  into 
consideration  whether  he  could  exist  in  it  or  not.  It  is  certain,  that 
in  the  first,  the  very  supposition 'hat  he  lived  apart  and  separated 
from  all  others  would  m^iko  him  free  and  equal.  No  one  in  such  a 
state  could  have  the  right  to  command  or  control  another.  Every 
man  would  be  his  own  master,  and  might  do  just  as  he  pleased.  But 
it  is  equally  clear,  that  man  cannot  exist  in  such  a  state  ;  that  ho 
is  by  nature  social,  and  that  society  is  necessary,  not  only  to  the 


proper  development  of  all  his  faculties,  moral  and  intellectual,  but 
to  the  very  existence  of  his  race.  Such  being  the  case,  the  state 
is  a  purely  hypothetical  one  ;  and  when  we  say  all  men  are  free 
and  equal  in  it,  we  announce  a  mere  hypothetical  truism  ;  that  is, 
a  truism  resting  on  a  mere  supposition  that  cannot  exist,  and  of 
course  one  of  little  or  no  practical  value. 

But  to  call  it  a  state  of  nature  was  a  great  misnomer,  and  has 
led  to  dangerous  errors;  for  that  cannot  justly  be  called  a  state  of 
nature  which  's  so  opposed  to  the  constitution  of  man  as  to  be  in- 
consistent with  the  existence  of  his  race  and  the  development  of 
the  high  faculties,  mental  and  moral,  with  which  he  is  endowed  by 
his  Creator. 

Nor  is  the  social  state  of  itself  his  natural  state  ;  for  society  can 
no  more  exist  without  government,  in  one  form  or  another,  than 
man  without  society.  It  is  the  political,  then,  which  includes  the 
social,  that  is  his  natural  state.  It  is  the  one  for  -which  his  Crea- 
tor formed  him,  into  which  he  is  impelled  irresistibly,  and  in  which 
only  his  race  can  exist  and  all  his  faculties  be  fully  developed. 

Such  being  the  case,  it  follows  that  any,  the  worst  form  of  gov- 
ernment, is  better  than  anarchy  :  and  that  individual  liberty,  or 
freedom,  must  be  subordinate  to  whatever  power  may  be  neces- 
sary to  protect  society  against  anarchy  within  or  destruction  from 
without  ;  for  the  safety  and  well-being  of  society  are  as  paramount 
to  individual  liberty,  as  the  safety  and  well-being  of  the  race  is  to 
that  of  individuals  ;  and  in  the  same  proportion  the  power  neces- 
sary for  the  safety  of  society  is  paramount  to  individual  liberty.  On 
the  contrary,  government  has  no  right  to  control  individual  liberty 
beyond  what  is  necessary  to  the  safety  and  woll-beiug  of  society. 
Such  is  the  boundary  which  separates  the  power  of  government 
and  the  liberty  of  the  citizen  or  subject  in  the  political  state, 
which,  as  I  have  shown,  is  the  natural  state  of  man — the  only  one 
in  which  bis  race  can  exist,  and  the  one  in  which  he  is  born,  lives, 
and  dies. 

It  follows  from  all  this  that  the  quantum  of  power  on  the  part  of 
the  government,  and  of  liberty  on  that  of  individuals,  instead  of  be- 
ing eipial  in  all  cases,  must  necessarily  be  very  unequal  among  dif- 
ferent people,  according  to  their  difl'ercnt  conditions.  For  just  in 
proportion  as  a  people  are  ignorant,  sttqiid,  debased,  corrupt,  ex- 
posed to  violence,  within  and  danger  from  wittiout,  the  power  neces- 
sary for  government  to  possess  in  order  to  preserve  society  against 
anarchy  and  destruction,  becomes  greater  and  greater,  and  individu- 
al liberty  lessandlessjuntil  the  lowest  condition  is  reached. when  abso- 
lute and  despotic  power  become  necessary  on  the  part  of  the  govern- 
ment ,  and  individual  liberty  extinct.  So  on  the  contrary,  just  as  a  peo- 
ple rise  in  the  scale  of  intelligence,  virtue,  and  patriotism,  and  the 
more  perfectly  they  become  acquainted  with  the  nature  of  govern- 
ment, the  ends  for  which  it  was  ordered,  and  how  it  ought  to  be 
administered,  and  the  less  the  tendency  to  violence  and  disorder 
within,  and  danger  from  abroad  ;  the  power  necessary  for  govern- 
ment becomes  less  and  less,  and  individual  liberty  greater  and 
greater.  Instead  then  of  all  men  having  the  same  right  to  liberty 
and  equality,  as  is  claimed  by  those  who  hold  that  they  are  all 
born  free  ami  equal,  liberty  is  the  noble  and  highest  reward  bestow- 
ed on  mental  and  moral  development,^  combined  with  favorable 
circumstances.  Instead  then  of  liberty  and  equality  being  born 
with  man  ;  instead  of  all  men  and  all  classes  and  descriptions  being 
eipially  entitled  to  them,  they  are  high  prizes  to  be  won,  and  are 
in  their  most  perfect  state,  not  only  the  highest  reward  that  can 
be  bestowed  on  our  race,  but  the  most  difficult  to  be  won,  and 
when  won,  the  most  diUicult  to  be  preser-%-ed. 

They  have  been  made  vastly  more  so,  by  the  dangerous  error  I 
have  attempted  to  expose,  that  all  men  are  born  fieo  and 
cipial,  as  if  those  high  qualities  belonged  to  man  without 
elfort  to  acquire  them,  and  to  all  equally  alike,  regardless 
of  their  intellectual  and  moral  condition.  The  attempt  to  carry 
into  practice  this,  the  most  dangerous  of  all  political  error,  and  to 
bestow  on  all,  without  regard  to  their  fitness,  cither  to  acquire 
or  maintain  libertv^that  unbounded  and  individual  liberty  supjiosed 
to  belong  to  man  in  the  hypothetical  and  misnamed  state  of  nature, 
hits  done  more  to  retard  the  cause  of  liberty  and  civilization,  and 
is  doing  more  at  present  than  all  other  causes  combined.  While  it 
is  powerful  to  pull  down  governments,  it  is  still  more  powerful  to 
prevent  their  construction  on  proper  principles.  It  is  the  leading 
cause  among  those  which  have  placed  Europe  in  its  present  anar- 
chical condition,  and  which  mainly  stands  in  the  way  of  recon- 
structing good  governments  in  the  place  of  those  which  have  been 
overthrown,  threatening  thereby  the  quarter  of  the  globe  most  ad- 
vanced in  progress  and  civilization,  with  hopeless  anarchy,  to  bo 
followed  by  military  despotism.  Nor  are  wo  exempt  from  its  dis- 
organizing elfcets.  We  now  begin  to  experience  the  danger  of  ad- 
mitting so  great  an  error  to  have  a  place  in  the  declaration  of  nur 
independence.  For  a  long  time  it  lay  dormant;  but  in  the  process 
of  time  it  began  to  germinate,  and  prnduce  its  poisonous  fruits. 
It  had  stronghold  on  the  mind  of  Mr.  Jcflerson,  the  author  of  that 
document,  which  caused  him  to  take  an  utterly  false  view  of  the 
snberdinato  relation  of  the  black  to  the  white  race  in  the  South; 
and  to  hold,  in  I'onsecpienee,  that  the  latter,  though  utterly  unqual- 
ified to  possess  liberty,  were  as  fully  entitled  to  both  liberty  and 
equality  as  the  former;  and  that  to  deprive  them  of  it,  was  unjust 
and  immoral.  To  this  error,  |his  proposition  to  exclude  slavery 
from  the  territorv  northwest  of  the  Ohio  may  bo  traced,  and  to 
that  the  ordinance  of  '87,  and  through  it  the  deep  and  dangerous 
agitation  which  now  threatens  to  engulph,  and  will  certainly  en- 
gulph,  if  not  speedily  settled,  our  political  institutions,  and  in- 
volve the  country  in  countless  woen. 


June  27. J 


THE  OREGON  BILL. 


785 


Mr.  BERRIEN. — It  will  be  my  duty,  considerins  the  relation 
in  which  I  stand  to  those  whose  interi'sts  are  uiaterially  atlected 
by  the  proposition  that  is  now  belbre  the  Senate,  to  assign  briefly 
the  reasons  which  have  influenced  me  in  takinj;  the  course  which 
I  have  taken  in  regard  to  this  subject  ;  but  I  think  the  view.s  pre- 
sented in  the  able  and  eloquent  address  whicli  the  Senate  has 
heard  to-day  from  the  Senator  fioiu  South  Carolina,  will  aflbrd 
suflicient  food  for  reflection  for  at  least  one  day.  I  therefore  move 
that  the  further  consideration  of  the  l)ill  bo  postponed  until  to- 
morrow. 

Mr.  HALE. — If  the  Senator  from  Georgia  will  allow  me  a  mo- 
ment, I  will  call  the  attention  of  the  Senate  to  a  piece  of  his- 
tory that  was  referred  to  by  the  Senator  from  South  Carolina,  in 
which  I  think  he  made  a  mistake.  That  honorable  Senator  stated, 
as  I  understood  him.  that  the  Missouri  compromise  was  forced 
upon  the  country  by  the  votes  of  the  North,  the  South  being 
against  it.  I  have  the  Journal  before  me,  and  I  will  read  a  few 
of  the  names  given  on  that  question.  Upon  the  question,  whether 
the  resolution  shoulil  be  engrossed  and  read  a  read  a  thud  time, 
the  following  gentlemen  voted  in  the  affirmative. 

[Mr.  Hale  read  the  names.] 

Mr.  CALHOUN. — That  was  not  the  vote  U|)on  the  compro- 
mise. 

Mr.  HALE. — It  was  upon  the  resolution  which  contained  the 
compromise. 

Mr.  JOHNSON,  of  Md.— That  vote  was  taken  after  the  com- 
promise had  been  determined  upon. 

The  motion  to  postpone  the  further  consideration  of  the  bill  until 
to-morrow  was  agreed  to. 

POST  OFFICE  APPROPRr.^TION   Bll.t.. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the  Whole, 
the  bill  making  appropriations  for  the  service  of  the  Post  Ollice 
Department  for  the  year  ending  the  30th  of  June,  1849. 

Mr.  BADGER  moved  to  amend  the  bill  by  adding  thereto  the 
following  section; 

"Sec.  .Ind  be  it  further  aiacled,  That  llie  Postmaster  Oeneral  be.  and  he  is 
heieby  autliorized  and  required  to  renew  the  engagement  heretofore  existiu"  for  the 
transportation  of  the  great  southern  and  northern  mail  by  the  Richmond,  Fredenclis- 
burgh  and  Potomac  railroad  and  steamboat  coni|pany,  at  a  priee  not  grealorthan  tiinl 
which  was  paid  by  tile  present  Postmaster  General  for  the  transportation  of  said 
mad  up  to  the  month  of  July,  l-lil.'' 

Mr.  ATHERTON  moved  to  insert  the  words  '-by  wav  of  Key 
West." 

Mr.  WESTCOTT  moved  to  amend  the  amendment  by  adding 
the  following: 

"By  way  of  Key  West,  calhng  at  Savannah." 

Also  the  following: 

"And  for  transportation  of  the  mail  by  said  hue,  or  by  other  sleameM  to  such  other 
places  on  the  coast  of  Florida  as  the  Postmaster  General  may  deem  practicable  and 
expedient,  live  thousand  dollars." 

Mr.  WESTCOTT. — I  will  merely  observe,  that  this  amend- 
ment was  submitted  to  the  Postmaster  General,  who  gave  it  hl.s 
approval. 

Mr.  BUTLER. — Do  I  understand  that  by  the  original  contract 
the  mail  steamers  were  to  touch  at  Key  West? 

Mr.  ATHERTON.— That  was  specified  in  the  contract. 

Mr.  BERRIEN. — The  amendment  as  it  now  stands,  contem- 
plates that  these  vessels  shall  touch  at  Key  West  and  other  places 
in  Florida. 

Mr.  ATHERTON.— The  amendment  oHerud  by  the  Senator 
Irora  Florida,  has  no  reference  to  the  proposition  wliich  I  submit- 
ted. I  proposed  the  insertion  of  Key  West  in  order  to  make  the 
law  conlorra  with  the  contract. 

The  amendments  were  adopted. 

Mr.  BERRIEN. — I  move  to  amend  by  inserting  the  following  : 
"  By  way  of  Savannah,"  and  to  strike  out  "  lorty-five"  and  insert 
"  fifty  thousand  dollars." 

My  purpose  is  to  ask  the  Senate  to  provide  that  the  mail  lino 
which  is  established  between  Charleston  and  Havana,  passing  by 
Savannah,  shall  stop  at  that  port  for  letters  and  for  passengers.  I 
do  not  know  why  Senators,  who  are  particularlv  interested  in  the 
passage  ol  this  bill,  should  consider  themselves  under  the  necessi- 
ty of  opposing  this  amendment.  The  Postmaster  General  was  au- 
thorized by  an  at-t  of  the  last  session  to*  ontraet  for  the  transpor- 
tation of  the  mail  from  Charleston  to  Havana,  thence  to  Chagrcs, 
thence  along  the  Pacific  coast  to  Astoria  ;  and  the  sum  of  §100,- 
000  was  appropriated  for  that  purpose.  For  the  .smaller 
portion  ol  the  route  for  which  he  was  authorized  to  contract, 
he  did  enter  into  a  contract  for  the  sura  of  845,000.  That  eon- 
tract  is  for  the  transportation  of  the  mail  from  Charleston  to  Ha- 
vana, passing  by  the  intermediate  ports,  and  bringing  those  two 
places  into  immediate  and  exclusive  connection.  In  the  first  place 
the  distance  covered  by  this  contract  is  probably  not  more  than 
one-fifth  of  that  contemplated  by  the  law  making  the  appropria- 
tion. In  the  next  place,  it  is  to  give  to  the  port  of  Charleston  the 
exclusive  benefit  of  this  mail  route.  Why  should  this  preference 
be  given  to  Charleston,  passing  by  all  the  other  ports  which  lie  in 

30th  Cong.— Ibt  Session— No.  99. 


the  direct  route  to  the  terminus  wUich  has  been  fixed  upon  by  the 

Postmaster  General  ? 

Mr.  BUTLER. — So  far  as  I  can  see,  there  can  be  no  reason 
why  we  should  not  concede  what  is  asked  on  the  part  of  Savan- 
nah. If  it  accords  with  the  views  of  the  Post  Office  Comraitree, 
I  can  say  for  the  contractors,  that  they  are  willing  to  accede  le  tin' 
terms. 

Mr.  BERRIEN, — I  am  very  glad  to  find  that  all  obstacles  »re 
removed.  I  believe  now  there  can  be  uo  olijuction  to  the  adoption 
ol  the  proposition. 

Mr.  ATHERTON.— I  hope  if  the  amendment  of  the  Senator 
from  Georgia  be  adopted,  it  will  not  be  made  imperative,  but  that 
it  will  be  left  di.soretionary  with  the  Postmaster  General,  because 
otherwise  it  may  be  foimd  iiup.issible  to  carry  out  the  contrai-t. — 
It  may  be  impr.ieticable  for  these  steatners  at  all  times  to  touch 
at  Savannah.  The  state  ol  the  water  may  not  permit  them  to  go 
up  to  the  city.  ,;  ■  ; 

Mr.  BERRIEN.— I  think  the  answer  which  I  can  give  to  tbo 
chairman  of  the  Committee  on  Finance  will  be  satisfactory.  I 
am  appealing  to  the  justice  of  the  Congress  of  the  United  States, 
for  I  do  not  choose  to  be  placed  at  the  tender  mercies  of  tbo 
Poslmaster  General.  The  city  of  Savannah  lias  alreadv  experi- 
enced the  evil  resulting  from  the  course  that  that  high  offieev  has 
thought  proper  to  pursue  in  relation  to  it  upon  this  very  subject 
of  the  transportation  of  the  mails.  There  was  an  act  of  Congress 
passed,  which  required  the  Postmaster  General  to  transport  the 
mail  between  Charleston  and  Savannah  by  sea.  In  defiance  of 
that  act  he  transported  it  by  land,  subject  to  all  the  casualties  and 
delay  of  land  conveyance,  and  when  he  was  implored  by  memo- 
rials, and  by  various  ofiiccrs  of  the  administration  to  give  them  a 
daily  mail  by  sea,  he  imposed  these  terms — ^aii  act  which  shows 
whut  confidence  we  can  repose  in  his  liberality  and  justice — he  re- 
quired that  the  United  States  should  not  pay  more  for  transporta- 
tion by  sea,  than  he  could  get  the  mail  transported  for  by  land, 
and  the  Central  Railroad  and  Banking  Company  of  Georgia  were 
compelled  to  pay  the  dill'erence,  amounting  to  about  $6,000.  These 
are  the  burdens  which  the  Postmaster  General  has  imposed  upon 
the  people  of  that  State.  I  claim,  that  if  the  mail  be  established 
between  Charleston  and  Havana,  passing  immediately  by  the 
mouth  of  the  Savannah  river,  it  should  stop  at  that  city.  I  am 
willing  to  allow  them  the  necessary  additional  compensation  for 
travelling  seventeen  miles  back  and  forward,  but  I  am  not  willinjj- 
to  leave  it  to  the  discretion  of  the  Postmaster  General  whether 
the  mail  shall  stop  at  Savannah  or  not.  Let  not  the  chairman  of 
the  Finance  Committee  entertain  the  least  thought  that  it  will 
embarrass  t!ie  Postmaster  General.  The  sum  appropriated  is  suf- 
ficiently large  to  cover  the  expense.  But  to  remove  all  doubt,  I 
have  proposed  to  amend  the  amendment  by  substituting  $50,000. 
I  trust,  therefore,  that  the  Senate  will  do  to  me,  and  to  my  con- 
stituents, the  justice  to  pass  the  bill  in  this  form;  entertaining,  no 
doubt,  after  the  assurances  given  by  the  Senator  from  SouthCar- 
olina  that  the  contract  will  bo  accepted  by  the  contractors.  The 
chairman  of  the  Committee  on  Finance  proposes  to  compromise 
this  matter  by  saying  they  shall  stop  at  Savannah  '"if  practicable." 
A  mail  line  has  been  established  from  New  York  to  Savannah, 
which  is  to  stop  at  Charleston  '' if  practicable."  Vessels  that 
can  cross  the  bar  at  Charleston  can  always  go  up  to  Savannah. 
We  arc  in  the  one  case  directing  that  the  mail  that  goes  to  Savan- 
nah shall  stop  at  Charleston  ■'  if  practicable,"  and  now  it  is  pro- 
po.sed  that  the  mail  which  goes  from  Charleston  shall  stop  at  Sa- 
vannah "if  practicable."  It  will  be  exhibiting  us  to  the  coinmunilv, 
I  think,  in  rather  a  ridiculous  attitude. 

Mr.  NILES. — It  appears  tome  that  the  Senator  is  laboring  un- 
der a  misapprehension  in  regard  to  the  whole  subject.  He  seems 
to  regard  this  as  a  domestic  line.  On  the  contrary,  it  is  a  forci"u 
mail  service;  and  a  foreign  line  must  depart  from,  and  return  to, 
the  same  point.  The  idea  that  this  foreign  line  should  be  com- 
pelled to  stop  at  other  ports  on  the  coast  is  inconsistent  with  the 
service  itself.  This  is  a  line  not  for  Havana  only,  but  for  all  the 
West  India  islands,  and  it  is  supposed  it  will  lead  the  British  to 
discontinue  their  mail  service  there,  which  is  burdensome  to  them, 
when  they  find  there  is  a  line  established  by  us.  To  accomplish 
this,  we  must  have  certainty  and  regularity,  which  we  are  told 
cannot  be  attained  if  tho  steamers  are  compelled  to  stop  at  Sa- 
vannah. I  eannot  yield  to  the  claim,  because  I  know  it  will  lead 
to  other  claims,  which,  if  allowed,  will  iispair  the  value  of  tho 
whole  line. 

Mr.  BERRIEN. — 1  am  complimented  by  being  told,  that  in  a 
matter  that  immediately  concerns  ray  constituents,  I  am  acting 
under  a  total  misapprehension  of  the  subject.  Whether  the  mis- 
apprehension be  with  mc  or  the  Senator  from  Connecticut,  may 
be  determined  by  looking  at  the  act  under  which  this  mail  service 
is  authorized.  The  law  originally  authorized  the  transportation  of 
the  mail  from  Charleston  to  Havana,  and  thence  to  Chagres, 
touching  at  St.  Augustine.  Now,  what  departure  from  this  con- 
tract would  it  be  to  authorize  the  jmail  steamer  to  touch  at  ona 
additional  port  lying  directly  within  her  path  i 

Mr.  CALHOUN.— I  have  not  tho  slightest  indisposition  to  af- 
ford every  accommodation  to  Savannah  that  may  be  reasonable  and 
proper,  but  I  hope  the  Senator  from  Georgia  will  not,  in  this  in- 
stance, insistupon  his  amendment,  as  it  may  have  the  nppearance, 
at  all  event?;  of  iiilerlering  with  the  contract. 


7S6 


THE  OREGON  BILL. 


[Tuesday 


The  qnestion  beinjr  taken  upon  the  amondraent,  it  was  ajjreed  to. 

Mr.  YULEE  moved  to  amend  by  inserting  St.  Augustine,  so 
that  the  mail  steamers  should  touch  at  that  port,  biu"opposition 
being  manifested,  he  withdrew  the  motion. 

Mr.  BADGER  then  moved  to  amend  by  adding  the  provisions 
contained  in  the  resolution  whicli  passed  the  Senate  the  other  day 
authorizing  the  Postmaster  General  to  renew  the  former  fontract 
lor  carrying  the  southern  mail. 

Mr.  ATHERTON  opposed  the  amendment,  and  after  a  short 
discussion,  the  question  being  tulien  by  yeas  and  navs,  it  resulted 
thus — Yeas  15,  Nays  27. 

The  bill  was  ordered  to  a  third  reading,  and  by  unanimous  con. 
sent  it  was  read  a  third  time  and  passed. 

The  question  being  put  upon  agreeing  to  the  amendment  pro- 
posed by  Mr.  B.\EGER,  the  yeas  and  nays  were  demanded  by  Mr. 
Bradbury,  and  it  wu»  deterramed  in  the  negative,  as  follows  : 


VEAS. — Messrs.  Badger,  Berrien,  Clarke,  Clayton,  Corwln.  Davis,  of  Mas^acliu- 
sett3,  Greene.  Houston,  jolinson,  of  iVlaryland,  Johnson,  ol'Lonisiana,  Miller,  Rn^k. 
Jipniant'e,  UnderH'ooiI,  Vulee. — 15. 

NAYS, — .Messrs.  .Mien,  Atchison,  Atherton,  Benton.  Borland,  Bratlhnry,  Breese, 
Bripht.  Butler.  Calhonn,  Davis,  of  Mississippi,  Dickinson,  Dix,  Douplas,  Felch, 
Fitzserald,  Foote.  Hamlin.  Hannecan.  Johnson,  of  Georgia,  Lewis,  Nilea,  PJielpsi 
Sebastian,  Slur(,'eon,  Tiirney,  Walker,  Wealcutt. — '27. 

The  bill  having  been  amended  was  reported  to  the  Senate,  and 
the  amendments  were  concurred  in. 

Ordered,  That  the  amendments  be  engrossed  and  the  bill  read 
a  third  time. 

The  said  bill  was  read  a  third  time. 

Hcsiitf^d,  That  tliis  bill  pass  with  amendments. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives in  thase  amendments. 

EXECOTIVE    SESSION. 

After  the  consideration  of  Executive  business, 
The  Senate  adjourned. 


June  28.] 


PRIVATE  BILLS,  ETC. 


757 


WEDNESDAY,  JUNE  28,  1848. 


MESSAGE  FROM  THE  HOUSE. 


The  followinsr  message  was  received  frnm  the  House  of  Rcpre- 
sontatives,  by  Mr.  Campbell,  their  Clerk  : 

Mr.  President  :  The  Hou^e  of  Re|ireseutatives  iiave  passed  Ihe  rciolulton  frimi  the 
Seual.?  to  exitl.-iin  tlie  act  [)a«sed  ^th  June.  1H4H.  eiitithd  "an  art  for  t lie  relief  of 
.William  R.  Plaiii;hlcr,  late  Sceretaryof  the  Territory  of  VVlseonsin.  Alio,  the  hill 
from  th"  Senate  for  the  relief  of  the  hortn  fitlr  bettlers  uinier  the  acts  for  the  arnieil 
occupation  anil  scttleiiiont  of  a  portion  of  tlic  Territory  ot  Florida. 

They  have  pa<5ed  a  bill  giving  tjie  ronsent  of  the  povernment  of  the  United  Stale^ 
to  the  State  of  Texas  to  extend^ier  eastern  honnilary  bO  as  to  iniilude  within  her  linlit-s 
one  half  of  Saliine  Pas*.  Sahine  Late,  and  Sabine  River.  <x-  far  north  as  the  3M  de 
gree  of  north  lautode;  iii  which  they  request  the  concurrence  of  the  Senate. 

The  Speaker  of  the  House  of  RepresenLatives  bavin;  sifiied  ten  enrolled  bilk  and 
two  enrolloil  .joint  resolutions.  I  am  dirci.ted  to  hriiiR  them  to  the  Senala  for  the  >i); 
nature  ol  their  President. 

SIGNING  OF  BILLS  AND  RESOLUTIONS. 

The  PRESIDENT,  pro  tempore,  signed  the  following  enrolled 
bills  and  enrolled  joint  resolutions  : 

All  act  respecting  certain  surveys  in  the  State  of  Flotiilrt. 

An  act  to  authorize  the  settlement  of  the  account  of  Jiise|ili  Nonr.e,  eleceaseil. 

An  act  for  the  relief  of  William  Ralston. 

An  act  for  the  relief  of  Thomas  Scott,  Register  of  tlie  Land  Oflice  at  Chilicothe, 
Ohio,  for  services  connected  with  the  duties  of  his  office. 

An  act  for  the  relief  of  Edna  Hickman,  wife  of 'Alexander  I).  I'eck. 

An  act  concerning  the  taking  of  otficial  oaths  in  the  District  of  Colurnhta. 

\n  act  to  authorize  the  issuing  of  a  register  to  the  Schooner  James. 

An  aet  to  change  the  name  of  the  steamboat  Charles  Downing,  to  the  Calhoun. 

.\n  act  for  tbe  relief  of  IJarclay  Jt  Livingston,  and  Smith,  Thurger  and  company. 

An  act  for  the  relief  of  Russell  Goss. 

A.  joint  resolorion  authorising  the  presentation  to  the  government  of  France,  of  a 
seiiesof  the  standard  weights  and  measures  of  the  United  titaies,  and  for  other  pur- 
poses, 

A  .loint  resolution  tocxplain  an  act  of  i4'h  June,  18-18,  entitled  ".\u  act  fof  the  ro- 
hef  of  W.  B.  Slaughter,  late  Secretary  of  Wisconsin," 

HOUSE  BILLS    REFERRED. 

The  bill  from  the  House  of  Representatives  RivinR  the  consent 
of  the  rvovernment  of  the  United  States  to  the  State  of  Texas  to 
extend  her  eastern  boundary,  8cc,,  this  day  received  for  concur- 
rence, was  read  the  first  and  second  times,  by  unanimous  consent, 
and  referred  to  the  Committee  on  the  Judiciary. 

PRIVATE    BILLS. 

Mr.  MASON',  from  the  Committee  of  Claims,  to  whom  was  re- 
ferred the  petition  of  George  Poindexter,  submitted  a  report,  ac- 
companied by  a  bill  for  his  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions,  to  whom  tbe  following  bills  from  the  House  of  Representa. 
lives  were  referred,  reported  them  without  amendment: 

An  act  for  the  relief  of  Jonathan  Slyter. 

An  act  for  the  relief  of  William  Parker. 

ADVERSE  ItEPORT. 

Mr,  FELCH,  from  the  Committee  on  Pensions,  to  whom  was 
referred  the  petition  of  Isaac  Davenport,  submitted  an  adverse 
report:  whicit  was  ordered  to  be  printed, 

BOUNTY    LANDS. 

Mr.  BORLAND,  from  the  Committee  on  Public  Lands,  to 
whom  was  referred  the  bill  to  revive  an  act  authorising  certain 
soldiers  in  the  late  war  (with  Great  Britain)  to  surrender  bounty 
lands  drawn  bv  them,  and  to  locate  others  in  lieu  thereof,  reported 
It  without  amendment. 

The  Senate  proceeded  to  consider  the  said  bill  as  in  Committee 
of  the  Whole;  and  no  amcndinent  being  made,  it  was  reported  to 
the  Senate. 

Ordetcd,  That  it  be  engrossed  and  read  a  third  time. 
The  said  bill  was  read  a  third  time. 

Resolved,  That  this  bdl  pass,  and  that  tlie  title  thereof  be  as  aforesaid. 
Ordered.  That   the  Secretary  request   the  concurrence  of   the 
House  of  Representatives  therein, 

JOHN    MC  GARR, 

The  joint  resolution  in  relation  to  the  naval  pension  of  John 
McGarr  was  considered  as  in  Committee  of  the  Whole;  and  no 
amendment  being  made,  it  was  reported  to  the  Senate. 


The  said  resolution  was  read  a  third  time,  by  unanimous  consent. 

Re.snlrid,  That  this  resolution  pass,  and  that  the  title  thereof  he  aK  aforesaid. 

Ordered,  That  the  Secretary  retiuest  the  concurrence  of  the 
House  of  Representatives  therein. 

JONATHAN    FITZWATEB. 

Mr.  BORLAND  moved  that  the  prior  orders  be  postponed,  and 
the  Senate  proceeded  to  consider,  as  in  Committee  of  the  Whole, 
the  bill  from  the  House  of  Representatives  for  the  relief  of  Jona- 
than Fitzwater. 

Mr.  BORLAND. — The  circumstances  of  tbe  case  are  these: 
Jonathan  Fitzwater  went,  some  years  ago,  to  the  city  of  Mexico 
to  reside.  After  the  coinniencement  of  the  war,  being  desirous 
of  serving  his  country,  he  caine  to  me,  I  being  then  a  prisoner  of 
war  in  the  city  of  Mexico.  I  gave  him  a  letter  to  the  American 
commanding  general  at  Puebla.  He  reached  Piiebla  after  consi- 
derable ditriculty  and  obtaint^d  employment.  The  letter  which  I 
gave  him  communicated  some  information  which  was  deemed  im- 
portant, and  it  was  forwarded  by  Col,  Harney  to  bo  sent  to  the 
United  States.  Before  reaching  Vera  Cruz,  however,  it  was  taken 
by  guerillas  and  sent  to  the  Mexican  government.  It  was  pub- 
lished in  the  "Diario,"  and  Fitzwater  being  favorably  mentioned 
in  it,  he  was  pointed  out  as  a  fit  object  for  vengeance  if  ever  he 
should  be  caught.  Since  the  arrival  of  our  army  in  Mexico  he  has 
been  constantly  in  the  service.  On  the  ISth  of  August  he  was 
sent  forward  with  a  reconnoitoring  party  commanded  by  Captain 
Thornton;  and  the  same  ball  that  killed  Captain  Thornton  inflicted 
a  very  seriou.s  injury  upon  him.  He  is  now  compelled,  on  account 
of  the  bad  feeling  existing  against  him  in  Mexico,  to  leave  that 
country  and  come  home  with  the  army.  I  believe  all  the  officers 
have  joined  in  a  recommendation  th.-it  he  should  be  put  upon  the 
pension  list,  considering  him,  on  account  of  the  meritorious  ser- 
vices ho  has  rendered,  to  be  well  deserving  of  the  American  peo- 
ple. The  House  of  Repiesontativcs  has  passed  a  b;ll  granting 
him  a  pension  of  S20  a  month  for  life.  That  is  the  bill  which  I 
wish  to  call  up. 

The  Senate  proceeded  to  consider  said  bill,  .as  in  Committee  of 
the  Whole;  anil 

No  amendment  being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Resolved,  That  it  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

THE    TEXAS    NAVY. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  to  authorize  the  President  to  increase  the  naval 
establishment  of  the  United  States;  and, 

On  motion  by  Mr.  RUSK,  it  was 

Ordered  That  the  further  consideration  thereof  be  postponed 
to  Thursday,  the  6th  day  of  July  next. 

APPLICATIONS    FOR    PENSIONS. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  resolution  relative  to  evidence  in  applications  for  pen- 
sions; and  no  amendment  being  made,  it  was  reported  to  the 
Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  sail  resolution  was  read  a  third  time. 

Resolved,  That  this  resolution  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly, 

M.MI.    CONTRACTORS. 

On  motion  by  Mr.  BREESE,  the  prior  orders  were  postponed, 
and  the  Senate  proceeded  to  consider  the  joint  resolution  for  the 
relief  of  such  persons  as  may  have  incurred  the  disability  of  the 
28th  section  of  the  act  to  change  the  organization  of  the  Post 
Otrice  Department,  and  to  provide  more  effectually  for  the  settle- 
ment of  the  accounts  thereol',  approved  July  2,  1S36, 

Mr.  JOHNSON,  of  Maryland,  submitted  an  amendment,  re- 
quiring the  Postmaster  Gener.al  to  report  each  case  in  which  be 
may  remove  the  disability  from  any  m.ail  contractor  to  Congress, 
together  with  his  reasons  therefor. 

The  amendment  having  been  agreed  to.  the  joint  resolution  was 
reported  to  the  Senate;  and  the  amendment  was  concurred  La. 


•788 


THE  OREfJON  BILL, 


[Wednesday, 


Orikred,  That  it  be  en;»rossC(J  and  read  a  third  time. 
The  said  resolution  was  read  a  third  time. 
Ecsnlvcf},  That  tliis  resolution  pa^s,  and  that  Ilic  title  thereof  lie  af>  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence!  "f  the 
House  of  Representatives  therein. 

■foutification  bill. 

Mr.  ATIIERTON,  from  the  Committee  on  I'inancn,  to  whom 
■Mra;s  referred  the  hill  from  the  House  ol' Rppresentativos  making 
appropriations  for  certain  fortifioations  of  the  United  States  ior 
the  year  ending  the  30ih  of  June,  lS4;i;  reported  the  same  with 
an  amendment. 

The  Senate  proceeded  to  consider  the  said  bill,  as  in  Committee 
of  the  Whole,  together  with  the  amendment  reported  thereto. 

'  Mr.  ATHERTON.— I  will  state  in  regard  to  this  amendment, 
that  the   recommendntion  comes  from   the  department  which  has 

■  charL'o  of  this  subject.  When  the  estimates  came  in,  the  title  to 
Pea  Patch  Island  had  not  been  settled,  but  it  huving  now  been  set- 

■  tied,  it  is  deemed  proper  that  progress  should  be  made,  in  the  ereo- 
(tion  of  the  fort.  The  condition  upon  which  the  Uiuted  States  re- 
,'ceived  the  cession  of  that  island,  was  that  thev  should  erect  and 
'  maintain  a  fort  there.     I  believe  it  is  a  well  known  fact,  that  there 

IS  no  suitable  fortilicatien  m  tho  neighborhood  of  the  city  of  Phila- 
delphia,  and   that  it  is  absolutely  necessary   that  one  should  be 
).  erected  at  this  place. 

Mr.  NILES  intpiired  if  the  question  as  to  title  was  delinitively 
settled. 

.  Mr.  ATHERTON  replied  that  it  was. 

'  Mr.  CLAYTON.— There  is  but  one  objection  to  this  proposi- 
tion, and  that  is  that  tho  amount  is  not  so  much  as  should  be  ap- 
prc.priated.  For  some  years  past  the  title  to  this  island  has  been 
'  in  controversy.  That  question  has  been  settled  and  the  title  of  the 
United  States  is  now  nearly  perfected.  In  the  grant  which  was 
made  by  the  State  of  Delaware  of  this  island  to  the  United  States, 
there  is' a  condition  such  as  the  gentleman  from  New  Hampshire 
has  mentioned,  that  if  the  United  States  neglect  for  ten  years  to 

■  keep  up  a  fortification  upon  the  island,  the  title  shall  revert  to  the 
State.  Now  for  a  period  of  something  like  fourteen  years,  the  gov- 
ernment has  neglected  to  fuKil  this  condition,  and  it  is  necessary 
that  something  should  now  he  done.     There  is  no  fortifieation  at 

■  present,  and  there  is  no  other  point  from  which  Philadelphia  and 
'  the  various  towns  upon  the  river  above  l^hiladelphia,  can  be  so  ef- 
fectually protected  from  a  hostile  fleet. 

The  amendment  having  been  agreed  to — 


On  motion,  it  was 

Ordered,  That  the  further  conside 
until  to-iuorrow. 


ition  of  tho  bill  be  postponed 


THE    OREGON    BILL. 

The  Senate  resumed,  as  in   Comniiltee  of  the  Whole,  the  con- 
■    sideration  of  the  bill   to    establish   tho   territorial    government  of 
Oregon. 

Mr.  BERRIEN. — Mr.  President:  From  the  liist  moment  when 
r.,:I  look  my  seat  in  this  chamber,  up  to  that  in  which  I  now  address 
J    you,  T  have  studiously  abstained  iroin    intrudinir   upon  the  Senate 
the  distracting  question  which  this   hill  Ibrees  upon  our  considera- 
tion.    I  have  not  permitted — those  who  hear  mc  will  bear  witness 
ro  the  truth  of  the  dpclaration — [  have  not  permitted  my  conduct 
!••  to  be  governed  by  sectional  considerations.     I  have  sedulously  en- 
deavored to  regulate  it   by   a  just  regard   to   the  interests  of  the 
country,  and  of  the  whole  i-onntry — to  the  rights  of  the  American 
people',  uninilueneod  by  local  discriniinalions.     If  I  am  driven  from 
that  position  to-day — if  in  vindication   of  the  rights  of  a  portion  of 
''    that  people— my  own   immediate   constituents,  who  have  honored 
mc  by  their  confidence — if  in  defence  of  their  rights,  I  enter  upon 
'   a  discussion  from  which  I   have  hitherto  abstained,  let  those  who 
hear  me  bear  in  mind  that  this  unwelcome  task  is  forced  upon  me, 
by  tho  advocates  of  this  bill.     On  this  question  of  slavery,  in  every 
aspect  in  which  it  can  be  presented,   our  position — the  position  of 
tho  united  South,  is  truly  stated  by  the  Senator  from  South  Caro- 
lina, [Mr.  Calhoun.  |     We  ask  you  simply  to  let  us  alone — leave 
.  -US  to  the  enjoymont  of  our  domestic  institutions,  in  which  we  can- 
not discover  the   evils  which  alTright  the  imaginations  of  others. 
and  do  not  punish  us  for  adhering   to   them,  by  denying  to  us  the 
common  rights  of  American    citizens.     You  rciuse  this.     The  bill 
;    before  the  Senate,  stamps   the  ]ieeuliar  insiitulion  which  exists  in 
the  community  in  which  wc  live,  as  one  whicli  is  beyond  the  pale 
of  legislative  protection — as  one   which  is  so  characterized  by  its 
own  intrinsic  impurity,  as  to  require  you  in  the  exercise  of  your 
legislative  authority,  to  deny  to  the  citizens  of  the  South — to  those 
ofevcry  slavehidding    State,  a  right  to  participate  in  the  common 
bcnelits  which  bclon'a;  to  all  the  citizens  of  the  United  States.   Un- 
der such  circumslanees,  >ve  would  be  wauling  in  seU' respect— wo 
would  be  faithless  to  the  memory  .of  our  fathers,  who  have  lived  in 
tho  midst  of  these  institutions,  fullillingall  their  duties,  as  men  and 
as  citizens,  and  who  have  gone   to  their  rest  with  unstained  repu- 
tations, if  we  could  sit  hero  in  silence. 

I  repeafto  you,  sir,  it  is  all  we  ask,  let  us  .alone.     With  our  do- 
mestic  institutions,  authorized  and  piotccted  by  our  own  laws .  and 


recognized  and  guaranteed  by  the  federal  constitution,  we  are  con. 
tented  and  happy — -we  do  not  ask  your  assistance  to  uphold  them 
— we  cannot  submit  to  your  interference  with  them,  directly  in  tho 
States  where  they  exist,  or  elsewhere,  and  indirectly  by  denying 
to  us  tho  enjoyment  of  a  common  right,  because  of  their  existence 
among  us.  We  say  to  j'ou,  continue  to  enjoy  in  full  measure  the 
blessings  which  Providence  has  allotted  to  you — the  free  soil  and 
free  labor  which  commend  themselves  to  your  taste,  and  are  ap- 
proved by  your  judgment,  but  let  us  alone — leave  us  to  the  enjoy- 
ment of  those  institutions  which  we  have  received  from  our  fath- 
ers, and  do  not  seek,  because  we  prefer  them,  to  deprive  us  of  our 
common  riglits  under  the  constitution.  You  refuse  to  listen  to 
this  appeal.  The  framers  of  this  bill,  and  its  advocates  in  this 
chamber,  force  this  discussion  upon  us,  and  it  must  be  met. 

You  are  about  to  organize  a  government  for  the  territory  of  Or- 
egon, and  not  content  with  providing  the  several  departments 
which  will  he  necessary  to  municipal  legislation,  to  judicial  inter- 
pretation, and  executive  enforcement  of  the  laws  which  may  be 
enacted,  vou  propose  in  the  exercise  of  your  sovereign  will  to  es- 
tablish as  a  fundamental  law  of  the  territory,  the  inhibition  of  sla- 
very, and  thus  to  exclude  the  citizens  of  one-half  of  the  States  of 
this  Union  from  all  rights  of  ingress  into  this  territory,  carrying 
with  them  their  slave  property.  This  is  to  be  accomplished,  loo. 
in  a  manner  not  quite  consistent  with  the  dignity  of  an  American 
Senate — not  by  a  direct  enactment — by  an  open  avowal  of  your 
purpose,  but  by  the  adoption  of  what,  by  a  singular  perversion  of 
language,  are  denominated  the  laws  of  the  provisional  government 
of  Oreson,  one  of  which  contains  this  inhibition.  1  have,  there- 
fore, moved  to  strike  out  the  twelfth  section  of  the  bill,  which  pro. 
poses  this  adoption,  anil  thus  to  leave  the  question  of  the  existence 
or  non-existence  of  slavery  in  that  territory,  to  the  unembarrassed 
decision  of  those  who  are  alone  competent  to  decide  it — to  the 
people  of  the  territoiy  in  the  formation  of  their  constitution.  If 
this  motion  should  prevail,  I  have  proposed  to  follow  it  by  another 
to  substitute  in  lieu  of  the  twelfth  section  of  this  bill,  the  corres- 
ponding section  of  the  bill  prepared  by  the  Senate's  committee  at 
the  last  session.  It  is  inditferent  to  me,  however,  whether  the  ob- 
ject which  I  have  in  view  be  accomplished  in  this  mode,  or  by  the 
adoption  of  the  amendment  in  the  form  of  a  proviso,  moved  by  the 
Senator  from  Mississipii,  [Mr.  Davis.]  What  I  desire  is,  that 
Congress  siiould  abstain  from  an  act  of  usurpation — from  the  e.\- 
erciso  of  a  power  not  conferred  by  the  constitution. 

You  propose  by  legislative  act  to  declare  that  slavery  shall  not 
exist  in  the  territorv  of  Oregon.  I  deny  j'our  power  to  do  this, 
and  thus  the  issue  is  formed  between  us. 

In  discussing  this  question,  I  will  pursue  the  course  adopted  by 
the  Senator  from  New  York,  [Mr.  Dixj  and  followed  by  the  Sen- 
ator from  South  Carolina,  [Mr.  Calhoun]  and  inquire, 

1.'  Has  Congress  the  power  to  prohibit  slavery  in  the  territories 
of  tho  United  States  ? 

2.  If  Congress  has  such  power,  is  it  just,  expedient,  consistent 
with  tho  spirit  of  the  constitution  to  exercise  it  ? 

On  this  question  of  the  power  to  inhibit  slavery  in  the  territories, 
there  are  three  distinct  opinions.  The  first  assigns  it  without  lim- 
itation or  control  to  Congress.  The  second  ascribes  it  to  the  ter- 
ritorial legislature,  subject  of  course  to  the  revision  of  Congress. 
The  third  opinion  denies  it  both  to  Congress  and  the  territorial  le- 
gislature, and  affirms  it  to  be  the  exclusive  right  of  tho  people,  to 
be  exercised  in  the  formation  of  their  constitution,  preparatory  to 
their  admission  as  a  State,  leaving  it  an  open  question  during  the 
existence  of  the  territory.  It  is  the  first  of  these  opinions  which 
is  maintained  by  the  advocates  of  this  hill,  and  which,  therefore,  I 
proceed  to  examine.  Let  me,  however,  say  in  advance,  that  tho 
importance  of  this  question  is  not  seen,  and  cannot  be  felt,  il  we 
confine  our  attention  exclusively  to  the  territory  of  Oregon,  which 
is  the  only  one  embraced  in  this  bill.  Notwithstanding  the  sug- 
gestions of  the  Sen.ator  from  New  York,  [Mr.  Dix]  as  to  the  va- 
riation of  climate,  in  tho  same  parallels  of  latitude,  on  the  Atlan- 
tic and  Pacific  coasts  of  this  continent,  I  think  the  better  opinion 
is,  that  slavery  cannot  exist  in  Oregon,  because  slave  labor  will 
not  be  valuable  there.  The  inhibition  of  it  in  this  bill  can,  there- 
fore, be  made,  as  it  seems  ,to  mc,  but  with  one  of  two  purposet. 
Either  you  desire  to  avail  yourselves  of  every  occasion  to  stamp 
our  domestic  institutions  with  the  seal  of  your  reprobation,  or  you 
propose  to  assert  this  power  now,  in  rclaliiui  to  a  terri'ory  where 
slavery  cannot  exist,  and  where,  therefore,  its  assertion  for  any 
present  elfect  is  nugatory  and  useless,  that  having  thus  obt.aincd 
its  recognition,  you  may  apply  it  hereafter  to  those  <Uher  terri- 
tories, for  which  Congress  will  soon  be  required  to  establish  terri- 
torial governments.  It  behooves  the  South  now,  therefore,  to  look 
to  their  rights,  lest  they  should  be  concluded  hereafter  by  the  pre- 
cedent which  will  be  established  iii  this  case. 

I  propose,  then,  to  examine  the  ipicstion,  whether  Congress  has 
the  power  to  do  what  this  bill  proposes.  My  purpose  will  bo  to 
endeavor,  * 

1.  To  trace  the  power  of  Congress  to  organize  a  territorial  go- 
vernment, to  its  true  source  ;  and 

2.  I'o  show  that  it  is  subject  to  limitations,  which  exclude  all 
right  of  interference  with  tlie  ipicstioii  of  shivery  in  a  territory. 

The  Senator  from  New  ^'ork  [Mr.  Di.\]  has  taken  a  leading 
part  in  ihis  discussion,  and  has  presented  to  the  Senate  an  argu- 
ment manifesting  extensive  research,  and  great  ability.  The  spi- 
rit in  which  it  was  conceived  has  enabled  ine  to  listen  to  il  with 
respectful  attention.  Tho  power  of  Congress  in  the  organization 
of  a  territorial  government,  to  prohibit  slavery  in  a  territory,  is 
traced  by  the  honorable  Senator  to  the  3d  section  of  the  4th  aj-ti- 


June  28.] 


THE  OREGON  BILL. 


789 


cle  of  the  constitution  of  the  United   StalCF:,  which  is  in  these 
words  : 

"  The  Congress  sliall  have  power  to  dispose  of,  and  make  all  needfol  roles  and  reg- 
ulations respecting  the  territory  or  other  projietly  belonging  to  the  United  Stales  ;  and 
nothing  in  this  constitntion  ihall  be  so  eonstroe'd  as  to  prejndiceany  claim  of  the  I'lii- 
ted  Stales,  or  of  any  parlicolar  State." 

I  cannot  acquiesce  in  this  opinion.  I  think  the  terms  of  this  sec- 
tion are  entirely  loo  limited  lor  the  extensive  power  which  it  is  at- 
tempted to  liedtice  Irom  them.  The  provision  of  the  constitution 
has  a  subject  on  which  it  proposes  to  operate,  throu'jfh  the  medi- 
um of  an  agent  which  it  designates.  That  agent  is  Congress. — 
That  subject  is  the  territory,  or  other  property  of  the  UniteifStates. 
Put  the  words  of  the  section  in  their  natural  order,  and  they  will 
stand  thus  : 

Coiti^re^s  .shall  have  power  tit  iti^poset/fl/ic  territorij,  oritthef  projicrtii  vf  the  Vni- 
ted  mates,  audio  inahe  all  needful  rides  and  re^^uiatwii->  resjieetnit^ the  same. 

Surely,  these  rules  and  regulations  must  relate  to  property  alone, 
for  nothing  but  property,  the  territory,  or  other  property,  is  made 
subjei't  to  the  disposal  of  Congress.  The  language,  too,  is  ap- 
plicable to  property  only— to  territory  considered  as  property — 
not  to  persons,  or  to  jurisdiction  to  be  exercised  over  them.  It  is 
a  power  "to  dispose  of."  This  e::pression  is  applir'able  to  proper- 
ty, and  accordingly  it  is  ap]ilicd  to  "  the  territory,  or  other  pro- 
perty belonging  to  the  United  States."  The  terra  '•  belonging" 
has  a  like  reference  to  property,  and  not  to  persons.  Congress  is 
empowered  to  ''make  all  needful  rules  and  regulations"  respecting 
this  territory,  or  other  property  belonging,  &e.,  &c.  When  it  is 
remembered  that  the  unsettled  lands  of  the  United  States  were, 
looked  to  as  a  source  of  revenue,  and  that  Congress  was  to  esta- 
blish a  system  for  their  dispo.sal,  the  intent  and  purpose  of  these 
terms  will  be  readily  understood.  It  was  under  the  power  thus 
conferred,  that  Congress  was  to  provide  all  needful  rules  and  reg- 
\ilations  Ibr  the  sale  (disposal)  of  these  lands  in  any  ternioiy  of  the 
United  States,  and  of  any  other  property  belonging  to  them.  If 
beyond  this  it  were  necessary  to  add  anything  to  the  argument  of 
the  Senator  from  South  Carolina  [Mr.  Calhoun]  on  the  true  in- 
terpretation of  this  section,  the  proviso  furnishes  an  additional  and, 
as  I  tbink,  an  unansvrerable  reason  in  favor  of  that  for  which  I 
contend.  Let  it  be  remembered  that  the  title  to  large  quantities 
ofunlocaled  lands,  lying  within  the  chartered  limits  of  several  of 
the  States,  was  in  controversy  between  those  States  and  the  Uni- 
ted States — the  lonner  claiming  them  as  their  individual  rights, 
the  latter  asserting  that  as  they  had  been  won  from  a  common  en- 
emy, by  the  united  etforts  of  all  the  States,  they  ought  to  enure 
to  the  benefit  of  all.  While  this  controvensy  was  yet  undetermined, 
the  constitution  was  framed,  and  it  seemed  proper,  therefore, 
while  giving  to  Congress  a  power  to  dispose  ol  the  public  lands, 
to  avoid  all  interference  with  the  controversy  between  the  United 
States  and  the  individual  States.  Accordingly,  it  is  provided  in 
the  last  clause  of  the  section,  that  "nothing  in  this  constitution 
shall  bo  so  construed  as  to  prejudice  the  claims  of  the  United 
States,  or  of  any  particular  State,"  obviously  to  restrain  Congress 
from  disposing  of  any  public  lands,  the  title  to  which  was  contested 
by  any  State.  Considering  the  section  a  mere  authority  to  dis- 
pose of  public  property,  this  proviso  is  appropriate,  but  if  you  look 
to  it  as  conferring  jm-isdiction  over  persons,  it  is  not  merely  inapt, 
but  absurd. 

And  now,  sir,  I  leave  this  verba!  criticism.  The  Senator  from 
New  York  has  manifested  his  own  apprehension  of  the  insufficien- 
cy of  this  section  considered  in  itsell',  to  authorize  the  exercise  of 
the  power  for  which  he  contends,  and  has,  therefore,  endeavored 
to  sustain  it  by  calling  to  his  aid  cotcmpoianeous  exposition,  le- 
gislative precedents,  and  judicial  decisions.  My  duty,  then,  is  to 
examine  these  references,  to  ascertain  whether  they  are  capable 
of  propping  the  magnificent,  but  tottering  fabric,  which  rests  upon 
a  fiundation  in  itself  so  instgniticant. 

And,  first,  of  cotemporaneous  exposition. 

The  honorable  Senalor  supposes  that  in  the  history  of  the  pro- 
ceedings of  the  convention,  ho  finds  what  is  calculated  to  sustain 
the  construction  of  this  section  for  which  he  contends.  Upon  look- 
ing into  those  proceedings,  as  they  are  disclosed  hi  the  JVIadison 
papers,  it  appears  that  a  report  was  made  by  a  committee  in 
which,  among  others,  was  a  provision  that  Congress  should  have 
posver  to  establish  temporary  governments  in  the  territories.  It 
seems  that  this  report  was  not  adopted,  but  thai  the  convention 
substitnteil  for  it  the  section  as  it  now  stands  in  the  constitution, 
and  because  the  proposal  expressly  to  invest  Congress  with  the 
power  to  establish  territorial  governments,  was  thus  distinctly 
presented  to  their  view,  and  because  they  substituted  for  it  the 
clause  which  we  are  considering,  the  Ironorable  Senator  concludes 
that  in  the  judgment  of  the  convention,  the  one  must  have  been 
deemed  equivalent  to  the  oihcr.  Now,  sir,  it  seeoiis  to  me  that 
such  an  inference  could  not  be  deduced  from  these  prceeedings, 
wi'hout  entering  upon  the  consideration  of  them  with  a  foregone 
conclusion.  There  was  a  distinct  proposal  to  invest  Congress 
with  power  by  an  express  clause  in  the  constitution  to  organize 
territorial  governments — not  merely  to  dispose  of  property,  but  to 
exercise  jurisdiction  over  persons.  That  proposal  was  not  adopt- 
ed, but  in  lieu  of  it  the  convention  inserted  a  provisirin  in  its  terms 
applicable  to  properly  alone.  On  every  lair  principle  of  construc- 
tion, this  was  a  rejection  of  the  first  proposal,  silent  it  is  true,  but 
as  emphatic  as  language  could  have  made  it. 

The  opinions  of  Mr.  Madison. — The  Senator  from  New  York 
next  supposes  that  he  finds  in  the  views  of  Mr.  Madison,  as  they 
are  expressed  in  the  38th  and  43d  numbers  of   "  The  Federalist,'' 


an  authority  which  is  favorable  to  his  argument.  This  book  was 
written  expressly  for  the  purpose  of  recommending  the  constitu- 
tion, to  secure  its  acceptance  by  the  people  of  the  United  States. 
It  was  a  eulogy  upon  that  instrument,  especially  as  contrasted 
with  the  articles  of  confederation.  The  great  object  was  to  show 
the  defects  of  the  latter,  and  the  efficiency  of  the  provisions  made 
in  the  new  constitution  to  supply  those  defects.  The  particular 
subject  under  consideration  in  the  numbers  referred  to,  was  the 
power  to  admit  new  States,  ;i  power  expressly  provided  for  in  the 
constitution,  which  had  been  exercised  by  the  Congress  of  the 
confederatiim,  without  legitimate  authority,  and  which  bad  only 
been  acquiesced  in  under  a  conviction  of  the  necessity  in  which  it 
originated,  and  then  Mr.  Madison  asks:  Why  will  you  not  adopt  a 
constitution,  which  by  its  express  provisions  on  this  subject,  in- 
vesting Congress  with  the  power  to  admit  the  new  States,  super- 
sedes the  resort  to  this  dangerous  mode  of  proceeding,  which  finds 
its  only  justification  in  the  plea  of  necessity  2  He  then  adverts  to 
the  section  we  are  considering,  as  another  important  provision  in 
the  new  constitution,  but  without  expressing  any  opinion  as  to  its 
construction.  This  is  the  substance  of  what  Mr.  Madison  says  In 
the  two  numbers  of  the  Federalist,  and  I  submit  that  they  do  not 
support  the  inference  of  llie  Senator  from  Now  York. 

But  these  are  only  the  skirmishers  which  precede  the  main  body 
<;f  the  argument  of  the  honorable  Senalor.  It  is  to  legislative  pre- 
cedents and  judicial  decisions  that  he  looks  for  the  establishment  of 
the  construction  of  this  section  of  the  constitution  for  which  he  so 
earnestly  contends.  I  ask  the  attention  of  the  Senate  to  a  brief 
review  of  those  precedents  and  decisions. 

I/Cgis'ative  precedents. — The  first  legislative  precedent  on 
which  the  Senator  from  New  York  relies,  as  evincing  the  authori- 
ty of  Congress  to  interfere  with  slavery  in  the  territories,  is  the 
act  passed  on  the  7th  August,  1789,  recognizing  the  ordinance  of 
17S7,  and  adapting  its  provisions  to  the  new  form  which  the  gov- 
ernment had  assumed.  This  was  followed  by  several  acts,  by 
which  that  ordinance  was  applied  to  the  States  created  in  the 
northwestern  territory. 

Mr.  President,  if  there  be  any  peculiarity  in  the  opinion  which 
I  entertain  of  this  celebrated  ordinance,  I  claim  for  It  only  the 
dispassionate  consideration  of  Senators.  I  proceed  then  to  say, 
that  this  ordinance,  so  much  denounced  on  the  one  hand,  anil  eulo- 
gized on  the  other,  so  far  as  relates  to  the  question  we  are  consi- 
ilering,  has  had.  in  my  judgment,  a  very  undue  degree  of  impor- 
tance ascribed  to  it.  Whether  you  look  to  the  ordinance  Itself — 
to  the  recognition  of  It  in  1789,  or  its  subsequent  application  by 
Congress  to  the  several  States  created  under  it,  there  is  nothing 
in  all  or  any  of  these  considerations  which  can  in  the  remotest 
degree  affect  the  question  of  the  power  of  Congress,  under  the 
constitution,  to  inhibit  slavery  in  the  territories.  Consider,  sir, 
under  what  circumstances,  and  by  whom  this  ordinance  was 
adopted — who  were  the  parties  to  the  articles  of  cession  on  which 
it  was  founded,  and  what  was  its  object.  The  parties  to  that 
cession  were  the  Stale  of  Virginia  on  the  one  hand,  and  the  Uni- 
ted States  on  the  other;  and  the  olijeet  of  the  ordinance  was  to 
give  effect  to  the  cession,  by  which  Virginia  had  transferred  to  the 
United  States  both  soil  and  jurisdiction  in  the  territory  to  which 
it  applied.  Its  provisions  were  then  to  be  tested  by  the  terms  of 
the  cession  made  by  Virginia,  to  which  it  was  intended  to  give 
eflect;  and  if  it  conformed  to  these,  no  man  might  be  permitted  to 
i|uestion  its  validity.  Now,  Virginia  was  a  sovereign  Slate.  Her 
sovereignty  was  as  yet  undiminished  by  the  concessions  subse- 
quently made  bv  the  several  States,  on  the  adoption  of  the  federal 
constitution.  She  stood  alone  and  absolute  in  her  sovereignty, 
unfettered  in  the  exercise  of  her  legislative  power  save  by  her 
own  constitution.  She  was  proprietor  of  the  soil,  and  had  sove- 
reign jurisdiction  over  persons  in  the  northwestern  territory.  She 
had  the  same  right  of  legislation  there  as  over  any  portion  of  the 
Stale.  It  was  competent  to  Virginia  to  abolish  slavery  in  that 
territory  or  througbout  ihe  State,  or  in  advance  to  declare  that  it 
should  not  exist  there.  The  rights  which  she  possessed  she  had 
power  to  transfer  to  others.  She  did  transfer  to  the  United  States 
both  soil  and  jurisdiction  of,  and  over  that  territory,  and  as  her 
alienee,  the  United  States  acquired  whatever  right  Virginia  had. 
The  only  question  then  which  could  arise,  would  be  whether  the 
Congress  of  the  confederation  was  competent  to  receive  the  trans- 
fer I  agree  that  in  the  infinite  variety  of  the  human  mind,  its  il- 
limitable capacity  to  generate  controversy  on  any,  and  on  every 
suliject,  this  might  have  been  a  question,  but  subsequent  events 
have  relieved  us  from  whatever  difficulty  it  presented.  Congress 
did  receive  the  cession,  after  a  scrutiny  of  the  title  of  Virginia, 
and  was  thereafter  estopped  to  question  that  title,  and  bound  to 
fulfill  the  conditions  on  which  she  had  received  the  transfer  of  it. 
It  was  an  "engagement  entered  into  before  the  adoption  of  the 
constitution,"  which,  by  the  6th  article  of  that  instrument,  was 
declared  to  be  "as  valid  against  the  United  States  under  this  con- 
stitution, as  under  the  confederation."  The  act  of  1789,  there- 
fore, which  recognizes  and  adopts  the  ordinance  of  1787,  and  those 
subsequent  acts  which  apply  its  provisions  to  the  States  which 
were  formed  in  the  northwestern  territory,  were  not  passed  In  the 
exercise  of  the  power  conferred  by  the  constitution,  to  make  rules 
and  regulations  for  the  government  of  territories,  but  In  simple 
fulfilnienc  of  the  engagement  entered  into  by  the  Congress  of  the 
confederation,  manifested  by  the  acceptance  of  the  cession  from 
Virginia. 

But  the  Senator  from  New  York  does  not  stop  here.  He  refers 
to  the  acts  of  Congress  which  prohibit  the  introduction  of  slaves 
into  the  teirltories  of  Mississippi  and    Louisiana,  and  would  infer 


790 


THE  OREGON  BILL. 


fWEDNESDAY 


that  since  this  was  done  while  they  were  territories,  it  was  an  ex- 
ercise of  the  power  to  regulate  slavery  in  the  territories  of  thi" 
United  States.  I  submit  to  you,  sir.  that  the  honorable  Senator 
has  misapprehended  the  source  of  the  authority  exerted  b\i  Con- 
gress in  those  laws.  It  was  the  commercial  power  under  which 
thev  were  passed— under  which  Congress  claimed  the  ri<;ht  to  re- 
gulate the  traffic  in  slaves  in  the  United  States  and  its  territories, 
not  the  power  to  make  rules  and  regulations  for  the  disposal  of 
the  territories;  and  this,  too,  has  been  questioned  jn  tlieir  own  su- 
preme judicial  tribunal,  by  more  than  one  of  the  learned  judges 
who  preside  there.  If,  then,  the  act  of  ITSt),  adapting  the  ordi- 
nance of  1787  to  the  new  form  which  the  government  had  assumed, 
and  the  subsequent  acts  passed  on  the  formation  of  the  several 
States  in  the  northwestern  territory,  were  but  the  fulfilment  of  an 
engagement  entered  into  before  the  adoption  of  the  constitution, 
and  by  it  rendered  obligatory  on  the  new  government,  as  we  have 
seen — and  if  the  acts  in  relation  to  bringing  slaves  into  Mississippi 
and  Louisiana  are  referable  alone  to  the  commercial  power,  then 
it  is  clear  that  the  construction  of  the  section  which  gives  to  Con- 
gress power  to  dispose  of  the  territories  and  other  property  of  the 
United  States,  for  which  the  .Senator  from  New  York  contends, 
can  receive  no  aid  from  the  .acts  to  which  he  has  referred.  These 
legislative  precedents,  therefore,  vanish  as  the  mists  of  the  morn- 
ing. 

Passing  from  these,  the  Senator  from  New  York  next  endeavors 
to  establish  his  proposition  by  a  reference  to  judicial  decisions. — 
I  confess,  sir,  I  was  startled  by  the  assertion,  that  this  power,  as 
derived  from  the  clause  we  are  considering,  and  in  the  extent 
which  the  Senator  claims  for  it,  had  ever  been  affirmed  by  judicial 
decision,  but  I  was  relieved  by  the  reference  to  the  cases,  which 
were  eited  to  prove  it.  I  will  not  detain  the  Senate  by  reading 
them.  A  very  brief  reference  to  them  will  serve  to  show  that 
they  do  in  fact  decide  nothing  in  relation  to  the  question  we  are 
considering.  The  first  is  the  case  of  McCullough  vs.  the  State  of 
Maryland,  4  Wheat. ,  420.  Now,  the  moment  this  case  is  men- 
tioned, every  professional  m.an  recognizes  the  fact  that  it  is  totally 
inapplicable  to  our  present  enquiry — that  the  question  which  we 
are  now  considering  did  not  come  before  the  court  m  any  aspect 
of  the  case,  and  consequently  could  not  have  been  decided.  The 
question  in  that  ease  was,  whether  Congress  had  power  to  esta- 
blish a  bank ,  and  if  incidentally,  in  illustrating  his  opinion,  any 
one  of  the  judges  had  .asserted  that  Congress  had  established  ter- 
ritorial governments  under  the  clause  on  which  the  honorable  Se- 
nator relies,  he  will  agree  with  me  that  such  an  assertion  would 
not  have  been  a  judicial  decision,  but  a  mere  obiter  dictum,  enti- 
tled to  just  so  much  respect  as  the  legal  attainments  of  the  indi- 
vidual expressing  it,  could  secure  for  a  hasty  opinion  given  on  a 
subject  which  was  not  under  the  consideration  of  the  court. — 
What  was  said  by  the  court  in  that  ease  was  as  follows  :  "The 
power  to  'make  all  needful  rules  and  regulations  respecting  the 
territory,  or  other  property  belonging  to  the  United  States,' is  not 
more  comprehensive  than  the  power  "to  make  all  laws  which  shail 
be  necessary  and  proper  for  carrying  into  execution'  the  powers 
of  the  government.  Yet  all  admit  the  constitutionality  of  a  ter- 
ritorial government,  which  is  a  corporate  body."  Certainly  the 
constitutionality  of  a  territorial  government,  created  by  Congress, 
is  universally  admitted,  but  how  does  that  decide  that  the  power 
of  Congress  is  derived  from  this  clause  ?  The  court  did  not  intend 
to  decide,  and  did  not,  in  lact,  decide  that  question. 

The  case  next  referred  to  by  the  Senator,  is  that  of  the  Chero- 
kee Nation  vs.  the  State  of  Georgia,  5  Pet.  K.,  44,  in  which  the 
question  was,  whether  this  Indian  tribe  was  a  foreign  nation  in 
that  sense,  which  would  enable  them  to  maintain  their  suit  in  that 
court.  And  in  illustrating  his  opinion  on  this  question,  one  of  the 
judges  adverted  lo  the  fact,  that  Congress  had  established  territo- 
rial governraenls  in  territory  yet  occupied  by  Indian  tribes;  and  did 
not,  therefore,  deal  with  them  as  nations.  This  case  mav,  I  ap- 
prehend, be  dismissed  without  further  remark. 

The  case  of  Gratiot  vs.  the  United  Stales,  14  Pet.  R.,  537,  is 
next  referred  to.  There  the  question  was,  whether  the  power 
given  to  Congress  to  dispose  of  the  public  lands  was  limited  to  a 
power  to  sell,  or  included  also  a  power  to  lease.  It.  was  a  grave 
question,  if  gentlemen  please  so  to  consider  it,  for  the  decision  of 
so  high  a  tribunal,  but  certainly  cannot  aid  us  in  our  present  en- 
quiry, the  object  of  which  is  to  ascertain  whether  under  a  power 
to  dispose  of  the  public  lands.  Congress  has  jurisdiction  over  the 
persons  occupying  them — a  pretension,  the  assertion  of  which 
would  involve  us  in  immediate  controversy  with  several  of  the 
States  of  the  Union. 

The  remaining  ease  is  that  of  the  American  Insurance  Companv 
vs.  Canter,  1  Pet.  K.,  .542.  It  approaches  the  question  which  we 
are  considering,  and  leaves  it  umleeided.  The  iiuostion  in  contro- 
versy  in  that  case  was  the  validity  of  a  sentence  of  a  Court  of  Ad- 
miralty in  the  Territory  of  Florida.  The  government  had  been 
organized  by  Congress,  and  the  territorial  legislature  had  esta- 
blished the  court.  The  validity  of  the  sentence  was  affirmed,  and 
the  right  of  Congress  to  establish  the  territorial  government,  but 
whether  that  right  was  derived  from  this  particular  clause  of  the 
constitution,  or  resulted  by  necessary  implicati(ni  IVum  the  (lOwer 
to  acquire  territory,  as  in  that  case  by  treaty,  was  left  umlcciilcd 
in  that,  and  in  every  other  ease  which  has  fallen  under  my  obser- 
vation. 

These  arc  all  the  judicial  decisions  which  have  been  referred  to 
by  the  Senator  from  New  Vork,  and  I  think  it  must  now  bo  obvi- 
ous that  they  cannot  subserve  ihc  purpose  for  which  they  were 
cited. 


I  have  stated  in  an  earlier  part  of  this  argument,  the  several 
opinions  which  are  maintained  in  relation  to  slavery  in  the  territo- 
ries, of  which  the  first  asserts  the  power  of  Congress — -the  second 
that  of  the  territorial  legislature,  subject  to  the  disapproval  of 
Congress;  and  the  third  that  of  the  people  of  the  territory,  when 
assembled  in  convention  to  form  a  constitution  preparatory  to  their 
admission  as  a  Stale.  I  have  been  examining  the  first  of  these 
opinions,  not  with  a  view  to  deny  the  existence  of  the  power,  but 
to  ascertain  whether  it  is  derived  from  that  clause  of  the  constitu- 
tion on  which  the  Senator  from  New  York  relies  for  its  support, 
and  I  trust  I  have  shown  that  it  cannot  be  so  derived. 

The  second  opinion  is,  that  the  power  to  decide  whether  slavery 
shall  or  shall  not  exist  in  a  territory,  belongs  to  the  territorial  le- 
gislature, subject  of  course  to  a  disapproval  of  their  acts  by  Con- 
gress. Now,  sir,  I  cannot,  by  any  ciibrt  of  imagination,  conceive 
of  a  greater  bundle  of  absurdities  than  is  involved  in  such  a  pro- 
position. It  assumes  that  Congress  has  no  original  power  over 
the  subject,  but  that  it  belongs  to  the  territorial  legislature.  Yet 
alljthe  powers  which  are  exercised  by  that  legislature  are  to  be  de- 
rived from  Congress — -and  thus  Congress  is  made  to  confer  a  power 
which  it  did  not  possess — and  then  though  it  had  no  original  power 
over  the  subject,  it  mav  still  negative,  and  render  invalid,  the  act 
of  the  territorial  legislature. 

There  is  yet  another  opinion,  and  that  is  that  the  power  to  de- 
termine this  and  all  other  questions  connected  with  it,  belongs  to 
the  people  of  the  territory,  not  while  they  are  in  the  ehrysalis 
state,  exercising  the  delegated  and  limited  powers  conferred  upon 
them  by  an  act  of  Congress,  but  when  they  have  increased  in 
numbers  sufficiently  to  form  a  State  constitution,  with  a  view  to 
admission  into  the  Union.  That,  as  I  understand  it,  is  the  south- 
ern ground,  and  this  is  the  view  which  in  behalf  of  my  constitu- 
ents I  desire  to  present  to  the  Senate. 

But  there  is  another  branch  of  the  subject,  the  consideration  of 
■u'hich  IS  more  important.  It  is  that  which  conceding  the  powe'V 
of  Congress  to  establish  territorial  governments,  from  whatever 
source  the  power  may  be  derived,  nevertheless  limits  its  exercise, 
denying  the  right  to  interfere  with  the  subject  of  slavery.  I  havs 
said,  and  endeavored  to  maintain,  that  the  power  of  Congrese 
over  the  tcriitories,  in  the  extent  which  is  claimed  for  it,  cannot 
lie  derived  from  the  clause  of  the  constitution,  on  which  the  Sena- 
tor from  New  York  relies — but  I  do  not,  therefore,  deny  its  exist- 
ence. On  the  contrary,  if  I  am  asked  whether  Congress  has  the 
power  to  establish  territorial  governments,  I  answer  the  enquiry  in 
the  affirmative  :  without  doubt  it  has,  but  it  is  a  power  which 
though  exclusive,  is  not.  unlimited.  It  results  from  our  rationality 
— from  the  power  to  make  war,  and  to  conclude  treaties,  and  the 
consequent  right  lo  acquire  territory.  The  right  to  acquire  in- 
cludes the  right  to  use — to  enjoy — and  government  is  indispensable 
to  use  and  enjoyment.  Such  is  the  doctrine  stated  by  Chief  Jus- 
tice Marshall  in  the  case  of  the  American  Insurance  Company 
and  Canter,  before  referred  to.  Thus  the  power  to  govern  results 
from  the  power  to  acquire,  and  that  is  itself  consequent  to  the  war 
and  treaty  making  power — but  it  is  a  power  limited  to  the  single 
purpose  of  governing  the  territory  until  it  is  in  a  condition  to  go- 
vern Itself  by  the  formation  of  a  constitution  preparatory  to  its 
admission  as  a  State.  It  springs  from  the  relation  of  principal 
and  dependent,  and  is  limited  by  the  duration  of  that  dependence. 
The  purpose  is  to  train  up  a  nation  of  freemen,  and  to  fit  them  to 
share  in  the  privileges  of  this  Union.  Whatever  is  necessary  to 
this  object.  Congress  is  authorised  to  do.  and  bound  to  do.  and 
equally  to  abstain  from  every  other  exercise  of  power.  When 
the  territory  becomes  a  State — or  rather  when  its  people  form  a 
Slate  constitution  with  a  view  to  admission  into  the  Union,  ihev 
have  the  exclusive  and  sovereign  right  to  decide  between  free  and 
slave  labor' — and  if  the  spirit  of  the  constitution  is  conformed  to, 
they  will  be  left  free  to  decide  that  question  unembarrassed  by 
any  previous  legislation  of  Congress. 

i  desire  briefly  to  recapitulate  the  foregoing  positions,  to  con- 
nect them  with  the  argument  which  follows.  You  desire  the 
power  to  acquire  territory.  How  ?  Not  by  an  express  grant,  but 
by  implication  from  the  war  and  treaty  niakinj  power.  You  de- 
sire the  power  lo  govern  the  territory  acquired.  How?  Not 
by  an  express  grant,  but  by  implication,  as  necessary  to 
the  enjoyment  of  the  territory  .acquired — and  this  power  is 
vested  in  Congress.  Why  ?  Because  by  the  constitution  all 
legislative  power  is  vested  in  that  boily — and  legislaiive  power 
must  be  exercised  in  framing  the  organic  law  of  a  territory.  But 
the  power,  though  exclusive,  is  not  unlimited.  It  must  be  exer- 
cised within  the  pale  of  the  constitution,  for  the  spctMfie  jiurpose, 
the  necessity  of  aeeomplishing  which  gives  rise  to  the  implication, 
and  since  it  concerns  a  subject  in  which  all  have  a  common  and 
an  equal  interest  with  a  strict  regard  to  that  comtnuninn  and  equal- 
ity of  interest.  It  cannot  violate  the  right  of  a  citizen,  which  is 
derived  from  or  recognized  by  the  constitution.  It  cannot  indefi- 
nitely priiloiig  the  tiitclago  oi'  the  territory.  In  relation  to  a  com- 
mon property,  it  cannot  violate  the  equality  of  right  which  be- 
longs to  every  citizen. 

In  organizing  a  tcrritoriiil  government,  Congress  is  bound  to 
give  security  to  the  inliabiiants  of  the  territory,  to  respect  the 
rights  of  the  citizens  of  the  United  Stales,  in  and  to  the  property, 
while  it  remains  common,  and  to  provide  i'or  the  termination  of  its 
dependent  territorial  condition  as  soon  as  the  inhabitants  are  in 
sufficient  numbers  to  be  admitted  into  the  Union.  Meanwhile,  it 
is  a  common  property,  which  every  citizen  has  an  equal  right  to 
enjoy.  Congress  may  regulate  the  manner  of  enjoyment,  but  that 
regulation  must  not   be  inconsistent  with   the   equality  which  be- 


June  28.] 


THE  OREGON  BILL. 


791 


lonjjs  to  a  common  property.  It  is  in  strict  an.ilo;»y  to,  or  rather 
it  is  tlie  precise  case  of,  a  corporation  IioMing  a  coin'mon  property. 
On  tbis  subject  Vattel  says,  boolc  1,  ch.  20,  p.  113  : 

•'.an  the  memhcrs  of  a  corporation  have  an  eqvnl  ri/;ht  lo  the  use  of  the  tammm 
fropcrlij.  Hut  rcs|iec[lna  tho  mnixnrr  i,(  rnjmiiii!;  ''.the  body  of  the  corpOTiition 
may  inaki>  svrh  reg-iila-tions  as  l/ir:i  tkiul:  /,ra;,fr.  proviiled  that  those  regulations  he 
not  inconsistent  with,  t'lot  t'qtiahtii of  rifrlit  wliicii  ou<rht  to  be prcsererd  in  a  commu- 
nion of  properly.  Thus  a  corporation  may  iletennine  the  use  of  a  eominon  forest  ora 
common  pasture,  either  altolliug  it  to  all  the  inemijer^,  according  to  tlieir  wants,  or  al- 
lotting each  an  eqnal  share,  hut  tlnii  lir.rr  not  a  ri^llt  to  prclwlr  tinif  one  of  the  mem- 
bers, or  to  vmke  a  liistiiiction  to  kis  disatti-nntafre,  by  assigning  him  a  less  share  liian 
that  of  the  others." 

Now,  if  tliis  principle  be  trtie,  if  it  is  obviously  jnst  in  its  appli- 
cation to  tlie  property  of  a  corporation,  who  does' not  perceive  its 
precise  analorjy  to,  or  rather  its  actual  identity  with,  the  princi- 
ple which  is  involved  in  the  question  under  consideration  ?  The 
several  States  of  this  Union,  associated  under  our  federal  charter, 
constitute  one  great  corporation,  of  which  the  citizens  of  the  sev- 
eral States  are  corporators  ;  and  the  federal  government  repre- 
sents the  body  of  the  corporation.  The  territory  of  the  United 
States  beyond  the  limits  and  jurisdiction  of  any  individual  State, 
whether  acquired  by  conquest  or  by  treaty,  is  so  acquired  by  the 
common  efforts  of  all  the  citizens  of  the  United  States,  and  consti- 
tutes one  vast  conniion,  belonginq;  to  the  corporation,  to  which 
every  corporator  has  an  equal  right.  In  the  e.Kercise  of  your  legis- 
lative power,  constituting  the  body  of  the  corporation',  yoti  inay 
prescribe  the  manner  in  which  this  cominon  property  mav  be  en- 
joyed, but  you  must  take  care  that  your  regulations  are  "  not  in- 
consistent with  that  equality  which  ouirlit  to  be  preserved  in  a  com- 
munion of  property."  You  may  regulate  its  enjoyment  in  such 
manner  as  rnay  be  most  eondncive  to  the  interest  of  all,  but  you 
cannot  "  exclude  any  one  of  the  number,"  or  "  make  a  distinction 
to  his  disadvantage."  The  territory  of  the  United  States  is  the 
common  property  not  of  this  government,  but  of  all  the  citizens  of 
the  United  States.  As  their  general  agent,  invested  with  Icgisla- 
lative  power.  Congress  has  the  right  to  organize  a  government 
for  this  territorial  dependency,  and  under  the  clause  oi' the  consti- 
tution, so  often  referred  to,  to  make  all  "'  needful  rules  and  retru- 
lations  for  the  disposal"  of  the  soil  ;  but  whether,  in  the  exercise 
of  the  one  power  or  the  other,  this  principle  of  equalitv,  which  is 
inherent  in.  and  inseparable  from,  a  common  property,  must  be 
sacredly  adhered  to.  You  cannot  forbid  any  citizen  from  entering 
into  such  territory.  Y^ou  cannot  limit  the  right  of  ingress  to  any 
given  number  of  States,  which  you  will  designate  by  name,  in  ex- 
clusion of  the  rest.  You  cannot  confine  that  right  of  entry  to  the 
non-slaveholding  States,  and  exclude  the  .slaveholding  States  from 
enjoying  it.  These  propositions  will  not  be  denied.  If  it  seemed 
to  you  expedient  to  settle  this  territory  exclusively  with  laborers, 
to  exclude  all  non-producers,  and  capitalists,  literally  to  execute 
the  curse  consequent  on  th>  sin  of  our  first  parents,  that  man 
should  earn  his  bread  by  the  sweat  of  his  brow,  and  to  force  bim  to 
do  so  by  his  actual  manual  labor  in  the  cultivation  of  the  soil, 
your  powers  would  be  inadequate  to  such  a  purpose  :  for  you 
could  not  deny  to  the  citizen  the  right  of  taking  with  him  the  means 
of  dispensing  with  daily  labor.  As  a  general  proposition  it  will  be 
admitted  that  you  could  not  make  the  right  of  emigration  depen- 
dent upon  the  condition  that  the  ctnigrant  should  leave  all  his  pro- 
perty behind.  If  not,  whence  do  you  derive  the  riaht  to  distin- 
guish between  different  kinds  of  property  ?  Is  it  not  obvious,  that 
the  exercise  of  such  a  right  would  lead  inevitably  to  the  inequali- 
ty, which  we  have  seen  is  forbidden  in  relation  to  that  in  which 
numbers  have  a  common  and  an  equal  interest  ?  You  would  do 
by  indirection,  what  would  be  obviously  inadmissible  by  a  direct 
exercise  of  power.  Y'ou  cannot  provide  by  law  that  the  inhabi- 
tants of  New  Hampshire.  Connecticut,  and  other  non-slaveholding 
States,  and  they  alone,  shall  be  permitted  to  settle  in  Oregon. 
You  cannot  say  that  the  inhabitants  of  those  States  shall  have  any 
exclusive  privileges  in  the  entry  and  occupation  of  the  public  lands 
there.  You  cannot  declare  that  they  shall  have  the  right  of  en- 
tering and  occupying  those  lands  at  a  lower  price  per  acre,  or  on 
more  favorable  terms  as  to  the  time  of  payment,  than  you  allow 
to  eraiCTrants  from  the  slaveholding  States.  You  cannot  forbid  an 
emisrant  from  a  non-slaveholding  State  from  taking  his  property 
intothe  territory.  By  what  authority  do  you  exercise  such  a  pow- 
er in  relation  to  the  emigrant  from  a  slave  State  ?  Do  you  not 
perceive  that  it  violates  the  principle  of  equality,  indirectly,  to  be 
sure,  but  as  palpably  as  if  the  inhibition  to  the  citizen  of  a  slave- 
holding  State  were  enacted  in  terms.  Consider  its  effects.  The 
citizens  of  the  non-slaveholding  States  will  exercise  their  right  of 
emigration,  because  they  are  permitted  to  take  their  property 
with  them  witiiout  restraint.  The  citizens  of  the  slaveholding 
States,  to  whom  this  right  is  denied,  must  remain  where  they  are. 
Thus  a  territory  which  belongs  to  all  the  citizens  of  the  United 
States,  in  which  the  interest  of  each  one  is  undeniab|y  and  exactly 
equal  to  that  of  any  other,  will  bo  exclusively  enjoyed  by  the  citi- 
zens of  one  half  of  the  States  of  Ihe  Union. 

I  inquire  of  Senators,  on  what  principle  such  legislation  can  be 
justified  ?  Why  may  not  a  southern  planter  as  well  as  a  northern 
farmer  take  with  him  the  means  by  which  they  pursue  their  re- 
spective occupations  ?  If  the  one  is  disposed  to  cultivate  the  soil, 
;and  the  other  to  become  a  herdsman,  why  has  not  one  as  much 
jright  to  take  his  negroes  with  him  as  the  other  has  to  take  his 
flock?  The  Senator  from  Connecticut  [Mr.  B.\ldwin]  answers 
ibis  inquiry  by  saying  that  negroes  are  not  property  ;  and  fearing 
that  this  is  too  large  a  proposition,  corrects  himself  by  saying  that 
t'hev  are  not  property,  at  .least  in  the  sense  in  which  this  term  is 
applied  to  ochoi-  oiijects  of  property.   Now,  sir,  I  desire  to  inquire 


whence  has  the  Senator  derived  this  distinction  ?  Is  it  founded 
upon  any  (irinciplo  of  reason  ?  Is  it  sustained  by  any  recognized 
authority  ?  Is  it  not  a  mere  phanton  of  an  imagination  exciteu  in 
the  pursuit  of  a  particular  theory  <  Has  not  man,  in  all  time,  , 
been  the  property  ol  itian  '.  What  page  of  history,  sacred  or  pro- 
fane, does  not  attest  this  truth  ?  What  distinction  do  the  laws  of 
a  State,  where  slavery  exists,  make  between  this  and  every  other 
species  of  properly  >  What  distinction  do  the  laws  of  the  United 
States  make  ?  What  is  property  in  a  slave?  It  is  the  right  to 
his  service  and  labor.  You  cannot  deal  with  him  as  with  inani- 
mate or  merely  animal  subjects  of  property.  Justice,  humanity, 
the  laws  of  the  State  forbid  it.  His  life  is  protected.  To  kill  bim 
is  murder.  His  person  also  is  under  the  guardianship  of  the  law. 
You  cannot  inflict  unnecessary  tmd  excessive  whipping.  You  can- 
not withhold  from  him  proper  food  and  sustenance  nor  comfortable 
clothing.  .\nd  you  cannot  require  IVom  him  more  labor  ihan  he  is 
able  to  perform.  For  the  first-mentioned  offence  the  slayer  would 
be  liable  to  be  punished  as  for  the  murder  of  a  white  man.  For 
the  others,  he  wonid  be  subject  to  indictment,  and  punishable  by 
line  and  imprisonment. — (Holehk.  779.)  I  speak  of  the  laws  of 
my  own  State  ;  but  I  doubt  not  there  are  similar  laws  in  the  other 
slaveholding  States.  Still  the  right  of  property  remains.  It  is  a 
riirht  to  his  service  and  labor.  The  Senator  from  Connecticut 
[Mr.  B.m.dwin]  contends  that  slavery  is  creaied  by  statute,  and 
has  no  existence  beyond  the  limits  of  the  State  enacting  it,  and 
relies  upon  the  decisions  of  certain  State  courts  to  support  bis  po- 
sition. The  honorable  Senator  mistakes  the  extent  of  those  decis- 
ions. In  their  utmost  limit,  they  merely  affirm  that  a  slave  who 
i.s  brought  within  the  limits  of  a  State  whose  laws  forbid  slavery, 
thereby  becomes  free.  Now,  how  far  these  decisions  can  be  sus- 
tained in  relation  to  a  slave,  the  pioperty  of  a  citizen  of  the  United 
States,  who  is  merely  travelling  through,  not  commorant  in  a 
State  where  slavery  is  prohibiied,  is  a  question  which  may  hereaf- 
ter be  submitted  to  the  decision  of  the  Supreme  Court  of  the  Uni- 
ted States.  I  do  not  deal  with  it  now,  because  it  is  not  material 
to  my  present  purpose.  With  reference  to  the  question  which  we 
are  considering,  all  that  it  is  necessary  for  me  to  maintain  is,  that 
the  property  of  a  master  in  his  slave  continues  beyond  the  limits  of 
the  State  in  which  he  dwells,  and  until  he  comes  within  the  juris- 
diction of  a  State  where  slavery  is  forbidden  by  law  ;  lor  if  this  po- 
sition be  sustained,  it  necessarily  follows  that  a  citizen  of  the  Uni- 
ted States  owning  a  slave  may  emigrate  with  him  to  the  territory 
of  Oregon,  and  still  hold  him  there,  because  there  is  no  law  in  that 
territory  which  forbids  slavery — nor  any  other  law  of  anv  descrip- 
tion— it  having  been  universally  conceded,  in  the  progress  of  this 
discussion,  notwithstanding  some  contrary  pretensions  in  the  com- 
mencement of  it,  that  the  regulations  agreed  upon  and  adopted  by 
soine  squatters  on  the  public  lands  in  that  territory  cannot  be  dig- 
nified with  the  name  or  invested  with  the  efficacy  of  laws.* 

The  question  recurs  as  to  the  proprietary  interest  of  the  master 
in  his  slave.  Is  it  confined  to  the  limits  of  the  Stale  in  which  he 
lives,  or  does  it  continue  to  exist  beyond  those  limits  !  The  cases 
referred  to  by  the  Senator  from  Connecticut  do  not  touch  that 
question.  Tbey  only  decide  that  it  ceases  when  the  slave  is  vol- 
untarily brought  within  the  limits  of  a  State  whose  laws  forbid  its 
continuance.  The  Maryland  case  cited  by  the.  Senator  is  equally 
inapplicable.  Ihat  was  decided  under  a  law  of  Virginia,  which 
forbade  a  non-resident  slave  from  remaining  in  thai  State,  beyond 
a  certain  limited  time,  and  it  therefore  still  leaves  open  the  ques- 
tion we  are  considering. 

Mr.  President,  having  I  trust,  shown  that  the  eases  referred  to  by 
the  Senator  from  Connecticut,  do  not  sustain  the  position  for  which 
he  contends,  which  is  that  the  proprietary  interest  of  a  master  in 
his  slave,  ceases  when  he  carries  him  beyond  the  limits  of  the  .State 
in  which  he  resides,  I  proceed  to  slate  this  proposition.  Slaves 
are  recognized  as  property  not  merely  by  the  laws  of  the  State  in 
which  the  owner  resides,  but  also  by  the  constitution  and  laws  of 
the  United  States;  and  consequently  within  the  sphere  of  the  op- 
eration of  that  constitution,  and  of  those  laws,  the  proprietary  in- 
terest of  the  master  must  continue  to  exist. 

Slaves  are  recognized  as  property  by  the  constitution  of  the  Uni- 
ted States.  I  have  before  said  that  property  in  a  slave,  is  a  right 
to  his  service  or  labor.  The  constitution,  art.  4,  sec.  2,  describes 
a  slave  as  a  "person  held  to  service  or  labor,"  and  provides  that 
such  slave  escaping  into  another  State,  shall  not  be  discharged 
from  service  or  labor  under  any  law  or  regulation  of  that  State, 
but  shall  be  delivered  up  on  claim  of  the  party  to  whom  such  labor 
or  service  may  bo  due — that  is  to  his  owner.     Now,  consider,  the 

*  In  the  remarks  submilleii  to  the  Senate  ou  this  occasion.  I  confinecl  myself  to  the 
rights  of  a  proiirietor  of  slaves  in  the  Territory  of  Oregon,  because  that  alone  u-.is  the 
stThjecl  of  the  bill.  A  different  question  will  be  ptesented  in  relation  to  New  Mexico 
and  California.  There  are  e-\islius  laws  in  those  territories  which  f'orhid  slavery  ;  and 
the  inquiry  will  be,  whether  those  laws  will  continue  in  force  at\er  the  exchange  of 
tlags  nuiler  the  treaty.  Reserving  the  full  consiileratiou  of  this  question  for  its  appro 
priate  occasion.  I  make  now  the  Ibllowing  brief  remarks  : 

The  ■reneral  rule  is.  that  the  pre-existing  laws  of  a  conquered  or  ceded  country-  con. 
line  in  ?orce  until  altered  by  the  nation  acquiring  it  ;  but  this  mie  is  subject  to  modifi- 
cations. \Vhatever  relates  to  political  organization  must  be  excepted.  The  laws  of 
a  savage  tribe  wonId  cease  immediately  on  the  cession  of  their  territory  to  a  civilized 
nation.  Laws  coniflcting  with  the  rights  of  American  citizens,  secured  bvjhe  con- 
stitution of  the  United  States,  must  cease  to  operate  in  New  Mexico  and  California 
from  the  moment  of  their  deliverv.  An  Americaa  Protestant  can  no  longer  be  denied 
the  free  exercise  of  his  religion  there.  The  svsteni  of  i>eonage  can  no  longer  exist 
there.  The  constitution  of  the  Uniterl  States  will  become  the  supreme  law  in  tlieso 
territories,  as  it  is  elsewheie  in  the  United  States  of  which  they  will  hare  become  a 
part.  The  Mexicans  who  choose  to  remain  have,  by  the  terms  of  the  treaty,  the  pri- 
vile-e  of  becoming  .\merican  citizens,  of  being  incorporated  into  our  Union,  of  en- 
jovin"  the  privileges  secured  by  our  constitution,  An  .-Vmerican  citizen  goin°  there 
cannSt  be  denationalized— divested  of  those  privileges,  and  subjected  tq  Meiican 
lavva. 


792 


THE  OREGON  BILL. 


[Wednesday, 


slave  in  this  case  is  beyond  the  limits  of  the  State,  whose  laws  it 
is  said,  and  they  alone  create  the  slavery  to  which  he  is  subject. 
According  to  the  ar<;unient  against  which  I  am  contending,  his 
master  cannot  hold  him  by  virtue  of  those  Slate  laws.  Yet,  he  is 
still  recognized  as  a  slave,  as  a  person  held  to  service  or  labor.  I 
inquire  by  what  law  is  his  condition  of  slavery  thus  recognized? 
And  the  answer  is  by  the  supreme  law  of  the  land — by  the  consti- 
tution of  the  United  States.  But  this  supreme  law  does  more,  ll 
not  only  recognizes  him  as  aslave.  although  he  is  beyond  the  limits 
of  the  State,  under  whose  laws  alone  it  is  said  he  is  held  in  slavery, 
but  it  still  holds  him  to  this  condition  of  slavery,  although  he  is 
within  the  limits  of  a  State  whose  laws  absolutely  forbid  the  ex- 
istence of  slavery.  Thus,  then,  if  slavery  is  created  by  the  law  of 
a  State,  the  constitution  of  the  United  States  comes  in  aid  of  that 
law  where  it  cannot  operate  by  its  own  intrinsic  force,  and  con- 
trols and  silences  the  conilicting  provisions  of  the  laws  of  another 
State  within  whose  limits  the  slave  is  found.  If  these  two  States 
were  sovereign  independent  States,  not  united  by  the  federal  bond 
which  constitutes  us  one  people,  and  which  we  have  all  agreed  to 
consider  as  the  supreme  law,  the  owner  of  the  slave  would  have 
no  claim  but  upon  the  comity  of  the  State  in  which  he  was  found 
for  his  delivery.  The  prohibition  of  shavcry  by  such  States  would 
be  imperative  and  resistless.  It  is  made  to  yield — to  what?  Not 
to  the  law  of  the  State,  which  it  is  said  constitutes  the  man  a  slave, 
for  he  is  beyond  the  limit  within  which  that  law  can  operate,  but 
to  the  constitution  of  the  United  States  which  recognizes  him  as  a 
slave  and  enforces  his  surrender. 

Look  now  at  the  practical  operation  of  this  clause  of  the  consti- 
tution, remembering  that  the  question  which  we  are  considering, 
is  whether  a  slave  ceases  to  be  so  when  he  passes  beyond  the  lim- 
its of  tlie  State,  under  whose  law  he  is  held  as  a  slave,  and  this 
will,  if  possible,  be  still  more  obvious.  The  laws  of  Virginia  al- 
low, and  those  of  Massachusetts  forbid  slavery.  A  slave  irom  the 
former  State  escapes  into  the  latter,  his  owner  pursues  and  claims 
him.  Now,  if  the  argument  of  the  Senator  from  Connecticut  be 
correct;  if  the  slave  can  no  longer  be  held  as  such,  because  the 
laws  of  Virginia  have  ceased  to  bind  him,  then  unless  some  other 
law  intervenes  to  operate  upon  him,  the  answer  of  the  authorities 
of  Massachusetts  would  be,  this  man  has  ceased  to  be  your  slave; 
he  is  beyond  the  reach  of  your  laws  which  held  him  in  slavery;  he 
is  under  the  piotection  of  ours,  which  secure  to  him  his  freedom. 
The  authorities  of  Massachusetts  will  not  give  this  answer,  and 
why?  because  another  law  does  intervene;  because  the  supreme 
law  of  the  land,  the  constitution  of  the  United  States  declares  that 
a  "person  held  to  service  and  labor''  under  the  laws  of  one  State  and 
escaping  into  another  State,  shall  not  be  discharged  from  such  ser- 
vice or  labor  under  "any  law  or  regulation''  of  that  other  State, "but 
shall  be  delivered  up  on  claim  of  the  party  to  wliom  such  labor  or 
service  rnay  be  due."  The  constitution  provides  that  the  fugitive 
shall  not  be  discharged — but  why  is  this?  If  the  argument  of  the  Sen- 
ator can  be  maintained,  he  is  already  discharged  by  the  mere  fact 
of  being  beyond  the  limits  of  the  State,  whose  laws  held  him  in 
slavery.  The  framers  of  the  constitution  did  not  take  the  same 
view  of  this  subject  with  the  Senator  from  Connectieut.  They  did 
not  think  that  the  man  was  discharged  from  having  passed  bej-ond 
the  limits  of  Virginia.  On  the  contrary,  they  held  that  he  was  still 
a  slave,  and  provided  that  he  should  not  be  discharged,  but  should 
be  delivered  up  to  his  owner. 

Mr.  President,  it  is  indeed  singular,  at  this  late  day,  when  this 
government  has  been  administered  under  the  existing  constitution 
for  nearly  three. score  years,  that  it  should  be  a  question  whether 
the  property  of  a  man  in  his  slave,  in  other  words,  whether  slavery 
IS  recognized  by  the  constitution  of  the  United  States.  'Why,  sir, 
It  lies  at  the  very  foundation  of  your  government;  it  is  a  basis  of 
representation;  an  elemental  principle  of  your  constitution,  with- 
out which  that  constitution  would  never  have  existed,  and  in  con- 
formity to  which  it  is  daily  administered.  The  constitution  de- 
clares that  representatives  shall  be  apportioned  among  the  several 
States  according  to  numbers,  "which  shall  be  determined  by  adding 
to  the  whole  number  of  free  persons.ineluding  those  bound  to  service 
for  a  term  of  years  and  excluding  Indians  not  taxed,  three-fifths  of 
all  other  persons."  Now,  no  one  doubts  that  the  other  persons 
here  spoken  of  were  the  slaves  of  the  South,  who  are  thus  made 
to  institute  a  basis  of  representation — one  of  the  foundations  of  your 
representative  government — an  elemental  principle  of  the  consti- 
tution itself.  You  call  this  a  compromise,  which  you  say  you  aro 
disposed  to  ob.serve,  but  not  to  allow  the  principle  which  it  al- 
firms  to  influence  your  legislation.  'VVcll,  it  is  a  compromise,  just 
in  the  same  sense  in  which  every  other  stipulation  in  the  constitu- 
tion, in  relation  to  which  a  supposed  diversity  of  interests  ■rave 
rise  to  conflicting  opinions,  which  were  ultimately  reconciled  is  a 
compromise.  In  every  other  sense  it  is  a  positive  stipulation — ^a 
mutual  agreement — a  sine  iiuanon,  a  condition  without  which  the 
constitution  could  not  have  been  formed.  Y'ou  proposed  a  reprc- 
rescntation  according  to  numbers,  and  were  answered  by  the  South 
that  the  nature  of  their  occupations  would  necessarily  lorhid  the 
density  of  population  which  would  grow  up  in  other  States  and 
therefore  they  claimed  the  repre.sentation  of  thrce-lifths  of  their 
slaves — a  political  power  to  be  exercised  by  them  as  their  owners. 
You  acquiesced  in  the  reasonableness  of  this  claim  then,  and  it  bo- 
came  a  part  of  our  constitution,  an  express,  well  understood  stip- 
ulation in  the  bond  which  unites  us.  and  which  you  are  bound  to 
fulhl  now,  not  merely  literally,  but  in  its  spirit  and  according  to  its 
intent. 

But  however  this  may  be,  whether  it  be  a  compromise  which 
you  teluciwilly  yielded,  or  ti  stiiiiilatioii  in  wliiuh  lor  ilic  sake  of 


L^nion  you  freely  acquiesced,  there  it  is,  a  part  of  the  constitution, 
which  we  are  all  bound  to  observe.  We  recognize  it  in  the  daily 
operations  of  our  system — here,  everywhere,  where  government 
has  a  function  to  perform.  It  encounters  you  in  this  chamber,  in 
the  other  extreme  of  the  capitol,  in  the  Executive  mansion,  nay, 
if  you  please  so  to  consider  ii,  it  darkens  the  judgment  seat.  Can 
we  then  be  told,  and  told  here,  that  slavery  is  not  recognized  by 
the  constitution  of  the  United  States,  that  it  depends,  and  depends 
only  on  the  laws  of  the  State  where  it  exists?  It  is  plainly  writ- 
ten in  the  charter  of  our  Union.  Break  that  charter  if  you  will, 
we  will  not ;  but  do  not  hold  us  to  its  stipulations  without  fulfilling 
them  on  your  part  according  to  their  spirit  and  intent. 

Slaves  are  also  recognized  as  property  by  the  laws  of  the  United 

States. 

In  the  decennial  apportionment  of  rejircsentatives  among  the  sev- 
eral States,  conforming  to  the  ]>rovision  of  the  constitution  to  which 
I  have  just  referred.  Congress  has  included  three-fifths  of  the  slaves, 
and  in  imposing  direct  taxes  has  made  this  recognition  yet  more 
distinctly.  I  refer  among  others  to  the  act  of  1813,  3,  Pet.  laws 
U.  S.,  22.  The  third  section  declares  that  direct  taxes  shall  be 
laid  "on  the  value  of  all  lands,  lots  of  grounds,  with  their  improve- 
ments, dwelling-houses,  and  slaves."  The  seventh  section  relates 
to  the  list  to  be  required  of  the  property  "taxable  as  aforesaid," 
and  includes  "slaves"  by  name.  The  tenth  section  provides  for 
the  valuation  of  "slaves."  The  eleventh  relates  to  the  "slaves" 
of  absentees.  The  twelfth  provides  for  the  assessment  of  the 
value  ol  the  the  "slaves."  The  twenty-first  section  authorizes  the 
collector  to  enforce  the  collection  of  the  tax  "by  distress  and  sale  of 
the  goods,  chattels  or  effects  of  the  persons  delinquent,"  and  when 
these  are  insullicent,  the  twenty-second  section  empowers  him  to 
sell  so  much  of  the  real  estate  as  may  be  sufficient  to  satisfy  the 
tax.  By  the  act  of  the  2Gth  April.  18l'(>,  2  Peters  laws  U.  S.,  302, 
in  the  sixteenth  section  it  is  provided  "that  in  all  cases  in  which  a 
tax  shall  be  charged  for  slaves,  the  real  estate  of  the  person 
charged  therewith  may  be  sold  therefor,  in  the  same  manner  as  for 
a  tax  due  thereon;  but  no  slave  sold  for  taxes  shall  be  purchased 
on  behalf  of  the  United  States."  By  a  previous  law  the  goods  and 
chattels  of  a  delinquent  in  which  his  slaves  were  included,  were 
first  to  be  proceeded  against  before  his  real  estate  was  sold;  and 
bv  this  section  real  estate  might  be  sold  for  a  tax  assessed  on  slaves, 
it  is  presumed  to  protect  the  government  against  the  concealment 
of  such  slaves  from  the  collector. 

Thus,  tlien,  it  appears  that  Congress  proceeding  to  carry  into 
effect  a  clause  of  the  constitution,  has  imposed  a  tax  upon  slaves 
eonomine,  and  in  the  same  manner  as  it  has  taxed  other  property, 
that  it  lias  provided  for  the  return,  assessment,  or  valuation  and 
sale  of  the  slaves  so  taxed,  and  without  doubt  there  are  many  per- 
sons who  now  hold  slaves  or  their  issue,  under  a  title  derived  from 
the  United  States,  by  purchases  at  sales  made  by  their  officers 
under  the  authority  of  these  laws,  as  well  as  by  sales  under  judg- 
ments obtained  by  the  United  States,  and  yet  it  is  said  here  in  the 
Senate  of  the  United  States,  that  slaves  are  not  recognized  as  pro- 
perty by  the  laws  of  the  United  States. 

Again.  Senators  will  probably  recollect  the  inquiry  which  I 
took  the  liberty  to  address  to  the  Senator  from  Connecticut,  [Mr. 
Ealpwin,]  in  the  course  of  his  argument,  viz:  Whether  a  slave 
embarking  in  the  service  of  bis  master  on  board  of  a  vessel  in  the 
port  of  Charleston,  and  proceeding  to  St.  Augustine  would  thereby 
become  free,  as  soon  as  he  passed  beyond  the  limits  of  South  Caro- 
lina, and  the  answer  of  that  Senator,  that  in  his  judgment  that 
slave  would  be  free.  The  honorable  Senator  is  aware  that  Con- 
gress has  passed  a  law  expressly  recognizing  the  relation  of  mas- 
ter and  slave,  in  precisely  such  a  voyage,  (or  he  says,  "as  Con- 
gress have  in  fact  passed  a  law  to  regulatd  the  coastwise  transpor- 
tation of  slaves,  it  has  been  supposed  that  during  ther  passage  the 
former  legal  relation  would  continue;''  and  yet  because  the  vessel 
is  sading  under  the  flag  of  the  United  States,  and  not  of  the  par- 
ticular State  in  which  the  owner  and  his  slave  reside,  the  Senator 
gravely  expresses  the  opinion  that  such  a  slave  would  become 
free.  Without  doubt  he  is  sincere.  Far  be  it  from  me  to  question 
his  sincerity;  but  testing  the  entire  argument  of  the  honorable  Sen- 
ator by  this  exemplification  of  his  legal  acumen,  I  think  I  may  be 
spared  the  necessity  of  doing  more;  than  exposing  the  fallacy  of 
this  [losition.  The  negro  in  question  is  supposed  to  have  been  a 
slave  in  South  Carolina — to  take  a  common  ease  the  body  servant 
of  his  master.  That  master  desirous  of  going  to  St.  Augustine, 
taking  his  servant  with  him,  goes  before  the  collector  of  the  port 
in  company  with  the  captain  of  the  vessel,  and  there  in  conformity 
to  the  requisitions  of  the  act  of  Congress  of  the  2d  inarch,  1807, 
•2  Peters  laws  U.  S.,  429,  they  make  out  and  subscribe  duplicate 
manifesto  of  this  servant,  s|icci(yiiig  Ids  name,  sex,  age,  .stature, 
Sic,  with  the  name  and  place  of  residence  of  the  owner  or  shipper, 
and  delivered  them  to  the  collector.  Sec,  before  whom  the  captain 
with  the  owner  or  shipper  must  make  oath  that  this  negro  was 
not  importeil  or  brougiit  into  she  United  Slates,  from  and  after  the 
Jst  day  of  January  ISdS,  and  that  under  the  laws  of  the  State  he 
is  held  to  service  or  labor.  Thereupon  the  collector  is  to  certify 
these  proceedings  on  the  manifesto,  one  of  which  he  is  to  deliver  to 
the  captain  with  a  permit  authorizing  him  to  proceed  to  the  port 
of  his  destination.  These  arc  the  provisions  of  the  act  of  Congress 
in  relation  to  vessels  of  forty  tons  or  more,  "sailing  coastwise  from 
any  port  of  ilie  United  States  to  any  port  within  the  jurisdiction  of 
the  same,  having  on  board  any  negro,  mulatto  or  person  of  color, 
for  tho  purpose  ot  transporting  them  to  be  sold  or  disposed  of  as 
slaves,  ut  lo  bu  held  tu  service  or  labor."    The  act,  moreover,  pro. 


June  28.] 


THE  OREGON  BILL. 


793 


vides  for  the  jjrantfng  of  a  permit  to  land  such  slaves  on  the  arrival 
of  the  vessel  at  her  port  of  destination. 

Now,  sir,  here  is  a  law  of  the  United  States  which  expressly  re- 
cognizes the  slavery  of  this  negro,  which  authorizes  his  transpor- 
tation from  the  State  under  whose  laws  he  is  held  as  a  ilave  to 
another  State,  there  to  be  sold  or  disposed  of  as  a  slave,  or  to  be 
held  to  service  or  labor,  which  requires  the  evidence  of  the  owner- 
ship before  this  permit  is  granted;  and  yet  we  are  told  that  by  this 
act  of  transportation  thus  regulated  and  authorized  by  an  act  of 
Congress,  this  man  becomes  free.  I  will  not  trespass  upon  the 
time  of  the  Senate  by  a  further  exposure  of  the  fallacy  of  sueU  a 
position. 

The  Senator  from  New  York  [Mr.  Dix]  has  adduced  the  obiter 
dicta  of  learned  judges  in  support  of  his  argument  on  tliis  ques- 
tion, wheiher  negroes  are  recognized  as  property  by  the  laws  of 
the  United  States.  I  present,  therefore,  not  a  more  obiter  dictum 
of  Judge  Baldwm  in  the  Supreme  Court  of  the  United  Slates.  In 
the  case  of  Groves,  et.  al.  vs.  Slaughter,  15  Pet.  R.,  449,  he  says: 

"I  fpel  bound  to  consider  stavps  as  pmitertv  by  the  law  of  the  State*  hrrnro  tlie 
Adoption  of  the  constitution,  ami  from  tiie  first  settlement  of  the  colonie.s;  that  tliia 
right  of  itroperly  esists  independently  of  the  constitution,  which  iloe-  not  create,  but 
recognizes  and  protects  it  from  violation,  by  any  law  or  re;;ulation  (jTaiiy  .State,  in  th« 
cases  to  which  the  constitotion  applie?!.  It  was  a  principle  of  the  Revolution,  and 
the  practical  construction  of  the  declaration  of  independence  that  'nece>sity  or  expe- 
diency' justifisd  'the  refusal  of  liberty  to  persons  of  a  particniar  color;'  and  that 
those  to  whom  their  services  were  doe  were  their  owners — 1  Laws  U.  S,, '.M.  2o. — 
In  the  7th  "rticleof  the  preliminary  trpatv  of  peace  with  Great  Critaiti.  there  is  this 
expression,*  legroesor  other  property.'  (Id.l*J8  )  .Also,  in  the  Tib  article  of  the  definitive 
treaty  (id.  '204)  which  conclusively  shows  the  then  accepted  understanrliu^  of  the 
country:  and  that  it  was  not  difT.^rent  after  the  adontiun  of  tlie  constitution,  appears 
as  conclusively  by  the  1st  article  of  the  Treatv  of  Ghent,  which  refers  to  'anv  slaves 
or  other  private  proirerty.'  (Id.  694.)  It  would  be  a  strange  position,  indeed,  if  wo 
were  to  consider  slaves  as  persons  merely,  and  not  property,  in  our  commercial  rela 
t.ious  with  forei;;n  nations;  and  yet  declare  them  to  be  'private  j)ropertv'  in  our  di- 
plomatic relations  with  them,  and  in  the  most  solemn  international  acl^  from  178^  to 
18J5." 

To  show  that  this  reference  has  more  authority  than  that  of  a 
mere  obxter  dictum,  I  quote  what  the  learned  judge  says  in  refer- 
ence to  it  : 

"In  other  times,  and  in  another  department  of  thij  government,  I  iiave  expressed 
my  0|)inion  on  this  subject,  I  have  done  it  in  ,iudgmeut  in  another  idace." — 1  Bald 
tpin  H.,  576.  <l-f. 

Now,  sir,  I  claim  to  have  established  my  position  that  negroes 
held  to  service  and  labor  under  the  laws  of  a  State,  are  recog- 
nized as  property  by  the  constitution  and  law.s  of  the  United  States 
in  the  same  sense  in  which  every  other  object  of  man's  dominion 
is  considered  as  property — nay,  even  in  a  higher  sense,  since  under 
that  constitution  and  those  laws  they  give  to  ihe  owner  jiolitical 
rights  which  no  other  species  of  property  can  impart.  But  if  this 
is  so — and  if  the  territory  of  Oregon  is  the  common  jiroperty  "f 
tne  people  of  the  United  Slates,  why  should  the  holder  of  these 
slaves  be  denied  the  r-ght  of  going  with  them  into  this  common 
territory  ?  In  the  settlement  of  these  States  our  ancestors  brought 
with  them  from  Great  Britain  such  of  her  laws  as  were  applica- 
ble to  their  condition  here.  Is  not  the  same  thing  true  of  emi- 
grants to  Oregon,  and  with  reference  to  the  laws  of  the  United 
States?  In  what  spot  within  the  limits  of  the  Union,  or  its  de- 
pendencies, does  not  the  constitution  operate,  and  constitute  the 
supreme  law?  Is  the  emigrant  to  Oregon,  beyond  the  pale  of  its 
protection,  withdrawn  from  the  sphere  of  its  influence?  Does  he 
cease  by  that  emigration  to  be  a  citizen  of  the  United  States  ? — 
What  hinders  such  a  citizen  from  going  to  Oregon,  taking  his 
slaves  with  him  ?  We  have  seen  that  they  are  recognized  as  slaves 
by  the  constitution,  beyond  the  limits  of  the  State  in  which  they 
live — why  not  within  the  limits  of  that  territorv  ?  Certainly  not 
because  slavery  is  forbidden  there,  by  what  the  IVameis  of  thi.s  bill 
have  been  pleased  to  denominate  the  ''laws''  of  Oregon.  Their 
want  of  validity  is  admitted  by  the  express  adoption  of  them  in 
this  bill.  It  is  the  authority  of  Congress,  not  of  the  legislature, 
or  convention  of  Oregon,  which  is  to  inhibit  the  existence  of  ihls 
institution  there.  We  do  not  ask  you  to  legislate  for  its  allow- 
ance, hut  to  abstain  from  legislation — to  leave  us  free  to  go 
there  with  our  slaves  under  the  protection  of  existing  laws.  The 
Senator  from  Connecticut  [Mr.  Baldwin]  tells  us  that  a  negro 
in  Oregon,  being  beyond  the  sphere  of  the  laws  which  held  him  in 
slavery,  would  become  free.  Why  would  not  an  apprentice  in 
like  manner,  be  discharged  from  his  indentures  ?  The  relation  of 
master  and  apprentice  is  protected  and  regulated  by  the  laws  of 
the  Stale  in  winch  the  contract  of  apprenticeship  is  entered  into, 
in  the  same  manner  as  that  of  master  and  slave,  and  the  operation 
of  the  State  laws  is  as  limited  in  the  one  case  as  in  the  other. — 
But  if  the  Senator  is  .satisfied  of  the  validity  of  his  own  argu- 
ment— if  a  negro  held  in  slavery  here,  would  become  free  by  being 
carried  to  Oregon,  why  pass  this  bill?  Whence  the  necessity  of 
prohibiting  by  law  that  which  is  alre.idy  forbidden — that  which 
cannot  legally  exist  now  ?  The  very  fact  of  the  insertion  of  such 
a  provision  in  this  bill,  is  a  concession  of  the  invalidity  of  the  ar- 
gument by  which  it  is  attempted  to  sustain  it. 

I  have  thus  endeavored  to  show  that  Congress  has  no  riiiht  to 
interfere  with  slavery,  either  in  the  States  or  in  the  territories — 
that  slaves  are  property  in  like  manner  as  any  other  object  of 
man's  dominion — -that  they  are  recognized  as  such  by  the  constitu- 
tion and  laws  of  the  United  States — that  their  condition  remains 
nnehanged  in  every  portion  of  the  United  States,  or  its  dependen- 
cies, unless  they  become  commorant  in  a  State  whose  laws  forbid 
slavery — that  whether  slavery  shall  or  shall  not  exist  depends  upon 
the  will  of  the  States,  and  of  the  people  of  the  territories,  tn  be 
exercised  in  the  formation  of  their  constitution  prepar.atory  to 
their  admission  as  States  into  the  Union — an  exercise  of  sovereign 

30rH  CoNO. — IsT  Session — No.  100. 


will  which  Congress  has  no  constitutional  power   to   influence  or 
to  embarrass  by  any  previous  legislation.     But, 

2.  If  Congress  has  such  power,  is  it  justly  expedient,  consist- 
ent with  the  spirit  of  the  constitution  to  exercise  it? 

Those  who  advocate  the  exercise  of  this  power  may  be  divided 
into  two  classes,  who  act  upon  principles,  not  merely  distinct,  but 
antagonist  to  each  other. 

The  first  consists  of  statesmen,  who  dream  of  extended  empire, 
and  coldly  calculate  on  the  most  approved  principles  of  political 
economy,  the  best  means  of  stocking  it  with  an  elticient  popula- 
tion. 

The  second  is  composed  of  gentlemen  wlio  are  horror  stricken 
at  the  contemplation  of  the  evils  of  slavery — who  denounce  an  in- 
stitution of  which  they  know  nothing,  with  a  confidence  which  is 
exactiv  proportioned  to  their  i-jnorance  of  it — who  mourn  over  ca- 
lamities which  have  no  existence  but  in  their  own  distempered  ima- 
!jinations,and  are  therefore  conscientiously  opposed  to  the  extension 
of  slavery.  A  word  or  two  in  relation  to  each  of  these — remarking 
first  that  the  concurrence  of  action  between  ihe  advocates  of  this 
bill,  thus  impelled  by  considerations  so  variant  and  conflicting, 
leads  irresistibly  to  the  conclusion,  that  beyond  all  these,  the  pre- 
servation and  enlargement  of  the  preponderating  influence  of  the 
non-slaveholding  States  in  the  councils  of  the  Union,  is  the  govern- 
ing motive. 

The  Senator  from  New  York.  [Mr.  Dixl  who  belongs  to  the 
first  of  these  classes,  openly  avows  his  purpose.  He  drcam.s  of 
extended  empire  In  imagination  he  sees  the  stars  and  stripes  of 
this  republic  floating  over  the  North  American  continent.  This 
is  our  destiny,  dimly  foreshadowed  in  the  earlier  discussions  of  tli6 
session,  and  now  more  distinctly  exhibited  to  onr  view.  The 
northern  portion  of  this  continent,  in  its  whole  extent,  is  to  he  sul- 
jected  to  our  swa}'.  The  honorable  Senator  considers  it  as  the 
sacred  duty  of  an  American  statesman,  to  acquire  and  preserve  it 
as  an  asylum  for  the  oppressed.  In  this  l;:bor  of  love  his  synipa- 
tliies  are.  however,  excited  only  by  the  suflisrino-s  of  the  Caucasian 
race,  and  for  them  alone  is  this  refuge  to  he  reserved.  The  sons 
of  Africa  who  dwell  among  us,  are  not  to  be  permitted  to  intrude. 
It  is  found  to  be  a  well  settled  principle  of  political  economy,  that 
ill  proportion  as  you  adil  to  the  comforts  of  a  people,  yon  promote 
the  increase  of  their  numbers.  If  the  ne;;roes  of  the  United  States 
were  sntfercd  to  join  in  this  adventure,  and  become  the  cultivators 
of  a  rich  and  virgin  soil,  tinder  the  influence  of  a  more  genial  cli- 
mate, the  increase  of  their  comforts  and  consequent  multiplication 
of  their  numbers  would  conflict  with  the  views  of  the  honorable 
Senator.  He  considers  it  a  sacred  duty  to  promote  the  increase 
of  the  Caucasian  .-;icc,  and  the  decrease  of  evcrv  other.  The  ne- 
groes of  the  United  States  (the  argument  is  equally  applicable  to 
the  free  negro  and  the  slave)  must,  therefore,  remain  pent  up  with- 
in their  present  limits — in  many  of  the  States  working  lands  which 
are  worn  by  long  continued  cultivation,  and  which  yield  a  scanty 
return  for  their  labor — that  their  numbers  may  decrease  in  obedi'- 
enee  to  this  law  of  political  economy,  while  the  Caucasian  emi- 
grant from  foreign  shores,  the  favored  occupant  of  a  richer  soil, 
revelling  in  comfort,  shall  increase,  multiply,  and  replenish  these 
western  wilds.  And  w!iy  should  not  this  same  principle  of  politi- 
cal  econom}'  be  made  to  apply  to  the  mongrel  races  which  now 
inhabit  tne  country  which  v.'c  have  acquired,  and  are  hereafter  to 
acquire  in  extending  our  sway  over  the  North  American  continent? 
They  surely  will  not  be  fit  coadjutors  with  the  Caucasian  race  in 
the  great  scheme  of  political  reseneration  contemplated  bv  the 
Senator  from  New  York,  and  thev,  ton,  must,  therefore,  be  sub- 
ject to  the  operation  of  this  law  of  political  economy,  by  which  the 
increase  of  their  numbers  will  be  checked. 

Sir,  this  scheme  is  alike  oifensive  to  my  judgment  and  my  feel- 
inas.  On  the  score  of  policy  and  of  humanity  it  is  equally  excep- 
tionable. I  abjure  with  a  feeling,  which  each  sucoessive  move- 
ment of  this  administralion  only  serves  to  render  more  intense,  all 
farther  acquisition  of  territorv.  We  have  already  more,  much 
more  than  we  govern  well.  The  improvement  of  what  wo  have 
would  furnish  ample  scope  for  all  our  energies,  for  a  time  beyond 
which  it  is  not  wise  to  anticipate,  lest  in  the  vain  pursuit  of  future 
and  distant  projects,  we  sacrifice  present  and  actual  advantaces. 
If  this  question  of  territorial  acquisition,  whether  for  the  Caucasi- 
an or  any  other  race,  could  be  presented  simply  on  its  own  merits, 
an  overwhelminrr  majoriiy  of  the  American  people  would  prompt- 
ly reject  it  ;  but  it  is  always  accompanied  by  incidents  which  in- 
flame the  passions  and  bewilder  the  judgment.  Heretofore  the 
glory  of  our  arms  with  some,  the  anxious  desire  for  peace  on  al- 
most any  terms  with  others,  reconciled  us  to  the  injustice  of  co- 
ercing our  neighbor  to  remove  his  landmarks,  and  now,  instead  of 
deplorins  an  event  which  has  brought  upon  us  this  distractin" dis- 
cission, the  Senator  from  New  York  recalls  us  to  the  recollection 
of  our  destiny,  in  order  to  familiarize  us  to  the  contemplation  of 
the  boundless  empire  which  his  imasination  discloses  to  his  view. 

Mr.  President,  in  every  form  in  which  this  enlarffement  of  ter- 
ritory is  proposed.  I  have  resisted  and  will  resist  it.  always  with 
the  qualification  which  I  have  heretofore  stated,  and  need  not  re- 
jicat.  It  is  unnecessary.  Wc  htive  an  extent  of  territory  which 
is  commensurate  with  all  our  wants,  present  and  prospective.  It 
is  in|iirious.  It  retards  the  improvement  of  the  rich  heritage  whicii 
we  possess,  by  diverting  our  etTorts  and  our  means  to  the  gratifi- 
cation of  this  lust  of  territorial  acquisition.  What  noble,  valua- 
ble, and  durable  benefits  might  have  been  secured  to  the  country- 
by  applying  to  its  improvement  the  millions  which  have  been  ex- 
pended in  the  prosecution  of  the  Mexican  war  I  It  is  dangerous. 
The  federal  principle  is  capable  of  expansion,  and  has  received  it 


794 


THE  OREGON  BILL. 


[Wednesday, 


to  an  extent  of  which  our  fathers  never  dreamed  ;  bnt  now  this 
has  its  limit,  an  extent  beyond  whic-li  the  central  i;overnment  will 
be  too  feeble  to  resist  the  repeated  shocks  to  whiuh  that  extension 
■will  ex|)oso  it.  I  pray  you  also  to  observe,  sir,  that  in  this  pro- 
ject of  the  honorable  Senator,  every  consideration  of  humanity  to 
the  blacks  which  has  been  heretofore  in  the  forcirround  in  these  as- 
saults upon  the  peculiar  institutions  of  the  South,  is  (juictly  but  en- 
tirely laid  aside.  They  are  to  be  destroyed,  (the  process  is  grad- 
ual, by  checking  their  increase)  to  make  room  for  a  more  clfioicnt 
population  of  the  Caucasian  race. 

The  second  cla.ss  which  I  have  mentioned  consists  of  those  who 
arc  horror-stricken  by  the  contemplation  of  the  evils  of  slavery. — 
They  are  influenced  by  higher  considerations  than  those  which 
enter  into  the  cold  calculations  of  the  Senator  from  New  York. 
Thev  are  free  soil  men  ;  the  very  idea  of  slavery  is  horrible  to 
them.  They  cannot  tolerate  the  thouf^ht  that  this  free  govern- 
ment shotdd  participate  in  any  measure  \vhich  may  sustain  an  in- 
stitution so  steeped  in  iniquity  ;  nay,  that  it  should  abstain  frotn 
any  measure  which  may  destroy  it.  Now,  sir,  if  there  he  any 
warrant  for  o])inions  like  these — if  these  denunciations  have  any 
foundation  in  truth  and  justice — if  slavery,  as  it  exists  in  the  States 
of  this  Union,  be  what  it  is  represented  to  be  in  some  of  our  public 
presses — if  the  denunciations  which  are  uttered  here  be  at  all  con- 
sistent with  the  fact— if  this  domestic  and  cherished  institution  of 
the  South  be  flagrantly  unjust,  violative  of  the  principles  of  human- 
ity, incompatible  with  every  <lictate  of  religion,  with  every  emo- 
tion of  piety,  what  are  we,  who  live  in  the  midst  of  it,  who  tole- 
rate it,  sustain  It,  dclcud  it — who  have  received  it  from  our  fath- 
ers, and  mean  to  transmit  it  to  our  children  ?  What  are  we  but 
outcasts  from  every  principle  which  is  dear  to  man  in  his  asso- 
ciation with  his  fellows,  and  yet  more  sacred  in  his  accountability 
to  his  Gijd  ?  If  these  things  be  triie,  then  in  all  thosff  qualities 
which  ennoble  man.  which  enable  him,  Deo  juvantc,  to  fulfil  his 
duties  to  frod  anil  his  lellow-men,  we  must  shrink  from  .a  compar- 
ison with  the  citizens  of  the  non-slavehoiding  Slates  of  this  Union. 
Justice,  humanity,  the  love  of  God  and  our  neighbor,  in  all  those 
virtues  which  belong  to  mr.n,  they  are  our  superiors.  Is  there  any 
man,  the  citizen  of  any  free  State,  who  will  have  the  arrogance 
to  claim  this  superiority  for  them  or  for  himself?  And  3'et  such  a 
claim  is  the  direct  consequence  of  these  denunciations.  Sir,  as  the 
representative  of  a  people  among  whom  this  institution  exists — 
knowing  them  and  honoring  them,  with  no  desire  to  oRend  any 
man,  but  with  something  more  than  a  mere  desire  to  fulfil  my  du- 
ty, and  my  whole  duty  to  them,  I  feel  bound  calmly  but  frankly  to 
say,  and  to  say  here,  that  these  denunciations  of  slavery  as  it  ex- 
ists among  them,  are  the  result  of  an  ignorance  of  the  institution, 
its  practical  ftperation  and  ctTects,  whicii  couid  alone  impart  lo 
them  the  confidence  with  which  they  are  uttered.  I  will  not  hum- 
ble myself  or  them  by  entering  upon  their  vindication,  but  I  pro- 
pose an  inquiry. 

Is  there  any  full-grown  man  who  hears  me,  who  is  endowed 
with  the  ordinary  share  of  intellect,  which  God  in  his  mercy  allots 
to  his  creatures,  who  does  not  know  that,  on  this  subject  of  slavery, 
a  man's  opinions  and  feelings  in  relation  to  it, depend  upon  the  place 
of  his  birth,  his  education,  his  association,  the  habits  and  feelings 
and  institutions  of  the  community,  in  which  ho  lives  ?  Does  any 
many  doubt  this  ?  Let  him  for  a  moment  consider  it.  A  man  is 
born,  educated,  and  continues  to  reside  in  a  non-slaveholding  State; 
he  knows  nothing  of  the  institution  practically — nothing  from  his 
observation — but  from  infancy  to  age,  he  has  been  accustomed  to 
hear  of  its  horrors.  The  talcs  of  the  nursery  first  allVighted  his 
infant  imagination,  and  pictures  of  men  languishing  in  chains,  or 
writhing  in  torture,  and  of  a  tyrant  master  plying  the  lash  which 
inflicts  it,  which  he  finds  in  his  school  books,  rivet  upen  his  young 
mind  the  impression  which  they  were  calculated  to  make.  Can 
you  wonder  that  such  a  man  grows  up  with  an  innate,  irrepressi- 
ble horror  of  an  iiislitiuiun  which  is  productive  of  so  much  misery? 
And  when,  having  attained  full  age,  he  mingles  with  the  elders  of 
the  land,  and  finds  that  there  are  also  political  considerations  to 
strengthen  his  opposition  to  it,  that  the  preponderance  of  his  party 
at  home,  may  depend  upon  the  activity  of  that  opposition,  are  you 
surprised  that  he  comes  here  prepared  to  denounce  this  institution 
with  an  ardor  which  is  proportioned  to  the  value  of  the  stake  for 
which  he  plays,  and  a  confidence  which  is  the  exact  measure  of 
his  ignorance  of  its  practical  operation  and  ctfect  ? 

Another  man  is  born,  educated,  and  resides  in  a  State  where 
slavery  exists.  The  institution  is  familiarized  to  him  in  the  ear- 
liest moments  of  his  life.  It  is  sustained  by  the  parents  whom  he 
reveres  and  loves.  In  their  mild  and  gentle  rule  he  sees  nothing 
of  the  horrors,  in  the  cheerful  and  merry  couutanances  of  the 
slaves  he  beholds  none  of  the  sufferings,  which  are  elsewhere  said 
t'l  attend  it.  The  nurse  who  has  watched  over  his  infancy,  on 
whose  bc»som  he  has  reposed,  whose  breast  has  been  to  him  a  foun- 
tain of  life,  is  a  slave — his  first  playmate — the  companion  of  his 
boyish  sports — the  sharer  of  his  childish  revcUings — is  a  slave.  In 
his  earliest  wanderings  from  the  paternal  rool,  an  aged  domestic 
of  the  family,  his  companion,  protector,  and  guide,  to  whom  ho 
looks  with  affection  and  respect,  is  a  slave.  They  who  have 
watched  over  him  in  his  hour  of  sickness,  whom  he  has  seen  minis- 
tering to  his  aged  parents  with  alieclionate  assiduity  on  their 
death-beds,  and  mourning  their  dejiartiiro  with  a  sorrow  which 
would  not  be  comforted,  these,  too,  are  slaves.  Can  you  wonder 
that  such  a  man,  with  a  consciousness  that  he  is  roi  a  tyrant, 
with  the  conviction  that  his  slaves  are  cheerful  and  contented, sees 
in  this  institution  none  of  those  horrors  which  fttiright  tho  imagi- 
nations of  others  ? 


Which  of  these  f»"o  men  has  formed  the  most  correct  estimate 
of  this  institution?  The  one  knows  nothing  of  it  personally  ;  his 
judgment  has  been  formed  on  the  representations  of  others,  whose 
means  of  information  were  as  imperfect  as  his  own.  The  other 
has  grown  up  with  it- — witnessed  its  operation  and  cfTects — daily 
observing  them  from  infancy  to  manhood.  Let  those  who  hear 
me  judge. 

Take  another  test.  The  citizen  of  a  non-slaveholding  State, 
who  has  grown  up  with  a  cherished  horror  of  slavery,  and  has 
found,  on  arriving  at  manhood,  a  superadded  motive  for  opposition 
to  it,  as  a  political  institution,  is  tempted  by  the  love  of  adventure 
or  by  whatever  cause,  lo  migrate  to  a  slave  State.  The  insiiin- 
tion,  in  its  jiraciical  operation,  is  now  before  him,  and  he  has  thus 
an  opportunity  to  confirm  or  correct  the  opinions  he  had  formed. 
What  is  the  result?  His  horror  of  slavery  ceases;  He  sees  a  ■ 
body  of  laborers  cheerful  and  contented  ;  he  finds  that  the  quan- 
tum of  labor  is  less  than  is  demanded  elsewhere  ;  he  sees  them 
fed,  clothed,  and  ministered  to  in  sickness  and  old  age  ;  he  asso'- 
ciales  with  their  owners,  and  among  them  meets  men  wdio  are. 
honest  and  humane,  olten  distinguished  for  their  piety  and  lor  the 
exercise  of  charity  in  its  best  sense.  He  becomes  reconciled  tiS 
the  institution,  and  very  soon  is  himself  a  slaveholder.  A  man 
brought  up  in  a  slave  State,  sometimes,  though  the  instances  are 
more  rare,  removes  to  a  non-slaveholding  State.  He  does  not 
change  his  opinions,  but  listens  with  scorn  or  with  contempt  to  de- 
nunciations of  an  institution  which  he  feels  lo  be  misrepresented 
only  because  it  is  misui:derstood. 

The  first  will  change  his  ojiiiiion — almost  universally  docs  so. 
The  second  rarely,  if  ever.  A  Senator  near  me  speaks  of  instances 
of  sucli  change  as  within  his  knowledge.  It  may  be  so.  I  will 
not  doubt  it  ;  but  they  are  sufficiently  rare  to  form  exceptions, 
which  only  prove  the  rule.  The  suggestion  of  the  Senator  has 
brought  to  my  recollection  instances,  not  of  persons  born  in  a  slave- 
holding  State,  but  who  had  removed  there,  and  become  slavehold- 
ers, who,  returning  to  the  States  from  whence  they  came,  under- 
went a  second  change  of  opinion,  and  denounced  slavery  as  a  mor- 
tal sin.  My  recollection  also  furnishes  me  with,  the  fact  that  they 
had  first  qualified  themselves  for  this  second  migration,  by  selling 
their  slaves,  and  pocketing  the  proceeds  of  the  sale.  Sir,  I  assert 
a  fact,  which  every  man,  whose  opportunities  of  observation  have 
enabled  him  to  speak  to  it.  will  affirm,  that  it  is  jireeiseiy  those 
persons  wio  have  removed  from  free  States  and  become  slavo- 
liolders,  who  are  most  severe  in  their  exactions  from  iheir  slaves. 
It  is  perfectly  natural  that  it  should  be  so.  They  know  these, 
people  only  as  laborers  for  whom  they  have  paid  a  price,  and  de- 
mand from  them  the  labor  which  they  have  been  accustomed  else- 
where to  sec  performed.  They  have  not,  it  is  impossible  that 
they  should  have,  towards  them  the  same  feelings  of  kind, 
iiess  and  forbearance  as  those  have  who  have  been  born  and  brought 
up  in  tho  midst  of  them — ^who  have  played  with  them,  and  labored 
with  them — who  have  laughed  with  them,  and  wept  with  them' — 
and  who,  in  hours  of  sickness  and  sorrow,  have  ministered  to,  arid 
been  ministered  to,  by  them. 

I  trust,  sir,  the  institutions  of  the  South  stand  vindicated  from 
the  imputations  which  have  been  cast  upon  them — that  however 
our  northern  brethren  may  lie  disposed  to  question  their  )iohcy, 
■•hey  will  agree  that  they  arc  not  so  steeped  in  iniquity  as  to  ex- 
clude those  w-ho  tolerate  them  from  their  right  to  parricipate 
equally  in  the  enjoyment  of  that  which  is  the  common  property  of 
the  people  of  the  United  States.  And  now  I  ask,  can  this  exclu- 
sion be  within  the  spirit  of  the  constitution  ? 

Mr.  President,  the  Senate  has  been  told,  and  unfounded  as  it  is 
in  fact,  the  declaration  will  be  reiterated,  that  the  South  has  ori- 
ginated this  discussion,  that  they  are  agitating  this  distracting 
question.  I  say  simply  and  frankly,  the  fact  is  not  so.'  The  dis- 
cussion is  forced  upon  us  by  our  northern  brethren.  If  they  had 
contented  themselves  with  organizing  a  government  for  the  terri- 
tory of  Oregon,  leaving  the  question  of  slavery  untouched,  this  dis- 
cussion wiiuld  never  have  ari.sen.  Why,  sir,  look  at  the  practical 
operation  of  the  J2th  section  of  this  bill.  It  proposes  by  an  act  of 
legislation,  doubtlul  at  least,  in  relation  to  the  question  of  consti- 
tutional power,  to  exclude  the  citizens  of  one  half  of  the  States, 
from  all  jiarticipation  in  a  territory  which  is  the  common  property 
of  all.  You  say  that  slavery  shall  not  exist  in  the  territory  of  Ore- 
gon— that  southern  men  shall  not  be  pcimitted  to  go  there  with 
their  slaves.  We  do  not  ask  you  to  say  that  slavery  shall  or  ma\' 
exist  in  that  territory,  that  wo  may  bc'permitted  to  go  there  with 
them.  We  ask  you  simply  to  withdraw  your  prohibition,  to  say 
nothing,  and  then  there  can  be  no  discussion.  You  tell  us  that 
slavery  exists  only  by  force  of  State  laws,  that  the  moment  we 
pass  the  boundary  of  the  State  they  are  free,  ihat  Oregon  is  a  free 
territory,  and  lli:it  if  we  carry  our  slaves  there  they  will  become 
free.  Then  why  legislate  to  lorbid  slavery  there?  Ilyou  are  right, 
the  thing  is  already  done  to  your  hands.  Prove  the  sincerity  oi' 
your  belief  by  withholding  the  prohibition,  and  leave  us  to  test  the 
correctness  of  our  opinion,  by  carrying  our  slaves  there  in  the  ab- 
sence of  such  prohibition.  You  will  not  do  this:  you  insist  upon 
the  enactment  liy  which  slavery  is  forbidden.  By  so  insi.sting,  do 
you  not  manifest  your  own  conviction  ofthe  fallacy  of  your  opinion? 
You  admit  the  right  of  the  people  of  the  territory  when  they 
come  to  form  a  State  constitution,  to  determine  the  ipiestion  whe- 
ther slavery  shall  or  shall  not  exist  there.  Now  look  at  the  prac- 
tical o]ieration  ofthe  course  which  you  propose,  upon  the  exercise 
of  that  right.  You  forbid  slavery  solong  as  Oregon  remains  a  ter- 
ritory; no  slavelioblcr  can  go  there  with  his  property,  and  of  course 
will  not  go.     When  the  questitm  comes  to  be  settled,  it  is  then  to 


June  28.] 


THE  OREGON  BILL. 


795 


be  decided  exclusively  by  citizens  from  tlie  free  States.  Who  does 
not  Ibresee  how  it  will  be  decided?  and  who  does  not  as  plainly 
see  that  this  decision  will  be  produced  by  your  previous  lecislation? 
You  cannot  but  be  aware  bow  much  this  question  at  this  moment 
agitates  the  Union.  You  know  that  hundreds  of  demagoaucs 
mounted  on  this  political  bobby,  are  distrai'ting  the  American 
people.  The  South  is  comparatively  tranquil;  but  when  you  come 
to  apply  to  other  territories  adapted  to  slave  labor,  the  'principle 
which  you  will  have  established  by  passinp;  this  bill,  you  will 
awaken  a  feeling  which  it  will  be  difficult  to  repress. 

I  do  not  desire  the  extension  of  slavery.  Personally  I  am  op. 
posed  to  the  acquisition  of  territory,  and  I  believe  that  my  consti- 
tuents would  profit  more  by  the  improvement  of  the  lands  which 
they  possess,  than  by  emigration  to  any  other.  If  slavery  is  ex- 
tended by  the  acquisition  of  territory,  and  with^'Ul  any  act  of  le- 
gislation on  our  part,  it  must  result  from  the  operation  of  our 
constitution  and  laws.  If  we  have  resisted  the  acquisition,  we  are 
not  responsible  for  lis  consequences.  But  to  ■reiulemen  who  vo- 
ted for  the  treaty  with  Mcxicn,  and  who  now  make  an  outcry 
ai^ains*.  the  extension  of  slavery,  I  say  you  voted  for  iho  extension 
of  slavery  when  you  voted  for  the  acquision  of  territory,  unless  in 
violation  of  the  plainest  principles  of  justice  and  the  manifest  spi 
rit  of  ths  constitution,  you  meant  to  appropriate  that  territory  to 
one-half  of  the  States,  excluding  the  remainder  from  all  participa- 
tion in  it.  , 

One  more  consideration  :  the  country  is  separated  into  two  great 
political  parties,  who  are  divided  on  principles  which  they  respec- 
tively believe  to  be  important  to  the  best  interests  of  the  country. 
I  affirm  the  sincerity  of  my  own  convleiions,  and  accord  to  others 
what  I  claim  for  myself.  The  principles  which  we  respectively 
maintain,  concern  the  great  interests  of  the  nation  ;  but  every 
thing  must  yield  to  the  excitement  which  is  produced  by  this  agi- 
tating question.  The  free  soil  demagogue,  mounted  on  his  politi- 
cal hobby,  breaks  through  your  ranks,  and  both  parties  are  thrown 
into  confusion. 

To  my  political  friends — to  those  with  whom  I  have  voted  in  re- 
sisting the  acquisition  of  territory,  I  say,  adhere  to  the  principle 
which  governed  you  then.  You  sought  to  exclude  this  question 
from  our  national  counods  by  resistance  to  territorial  acquisition. 
In  this  you  have  failed.  What  remains  but  to  refuse  all  legisla- 
tive interference  with  a  question  so  pregnant  with  danger  to  the 
integrity  of  the  Union  ?  I  address  myself  also  in  a  perfectly  re- 
spectful spirit  to  gentlemen  on  the  other  side  of  the  chamber — to 
my  political  opponents.  To  them  I  appeal  to  adhere  to  those 
principles  of  policy  which  they  have  recently  and  publiclj'  pro- 
claimed. In  the  resolutions  of  the  democratic  convention  at  Bal- 
timore, I  find  it  solemnly  resolved  as  a  cardinal  principle  of  demo- 
cratic faith, 

"  Tiiat  Congress  has  no  power,  under  the  constitutiOD,  to  interfere  with,  or  control 
the  dumesUc  instilullons  of  the  several  States.'' 

And  again  : 

•'  That  all  efforts  of  the  ahoUtioniKts.  or  others,  madoto  induce  Congress  to  interfere 
with  qitcstions  of  slavcrij,  or  to  take  inripient  sttjis  in  rrioliftn  thereto,  are  calculated 
10  lead  to  the  iiiosl  alarmin*;  and  dangerous  consequences;  and  thai  all  such  ertbrts 
have  an  inevitable  tendencv  to  dimini>h  the  iia|i|»iiic5s  of  the  jieople,  anil  endanger 
the  permanency  of  the  Union,  and  ouglit  not  to  be  countenanced  by  any  friend  of  our 
political  institutions." 

I  address  myself  to  gentlemen,  some  of  whom  participated  in 
the  deliberations  of  that  convention,  and  united  in  the  allirmancu 
of  these  resolutions — all  of  whom  are  "  friends  to  our  political  in- 
stitutions"— I  appeal  to  them  to  say,  if  this  bill  which  inhibits 
slavery  in  one  of  the  territories  of  this  Union  is  coimistcnt  with 
that  resolution.  I  ask  them  if  it  is  not  an  "interference  with  the 
question  of  slavery'' — if  it  is  not  at  least  an  '"incipient  step  in  rela- 
tion thereto;"  and  then  I  inquire  if  as  "friends  to  our  political  in- 
stitutions" they  will  lend  themselves  to  a  measure  which  they 
themselves  have  recently  and  publiclv  declared  to  be  "  calculated 
to  lead  to  the  most  alarming  and  dangerous  consequences''^to 
*'have  an  inevitable  tendency  to  diminish  the  happiness  of  the  peo- 
ple and  endanger  the  permanency  of  the  Union."  However  we 
may  difl'eron  other  subjects,  I  offer  them  my  adhesion  to  this  prin- 
ciple of  democratic  faith,  and  pray  them  to  adhere  to  it.  'VVith 
the  privilege  which  belongs  to  those  of  a  common  faith,  I  warn 
them  against  an  interference  with  the  question  of  slavery,  by  tak- 
ing even  an  incipient  step  in  relation  to  it. 

One  other  question,  and  I  have  done.     You  tell  us  that  you  will 


not  interfere  with  slavery  in  the  States — that  you  will  respect 
what  you  denominate  tho  compromises  of  the  constitution,  and  so 
hmcas  it  IS  kept  within  those  limits  we  may  enjoy  it,  or  snlTer  nn- 
der  it  as  we  can — that  beyond  these  it  cannirt  pass — especially  that 
a  cannot  enter  into  the  common  territory  of  the  Union,  all  which 
ynu  intend  herealtcr  to  appropriate  exclusively  to  yourselves. — 
You  tell  us  that  slavery  is  an  outrage  upon  human  rights — a  vio 
lation  of  the  laws  of  God — a  leprosy  which  must  be  excluded  from 
the  camp — and  that  unless  we  quietly  submit  to  the.se  terms,  the 
Union  is  not  worth  preserving.  Now,  I  propose  to  you  a  ques- 
tion, and  I  pray  you  to  answer  me.  As  men,  as  honorable  men, 
do  you  believe  that  this  is  the  spirit  in  which  the  constitution  was 
ttirmed  '.  If  in  the  conventiim  which  framed  it,  your  fathers  had 
addressed  this  language  to  ours,  do  you  believe  that  this  Union 
would  ever  have  existed?  Do  you  not  believe  that  the  men  of  the 
South  would  have  indignantly  rejected  a  proposal  so  degrading  to 
them  as  men,  and  as  freemen  ?  If  they  had  tamely  subnriitted  to  so 
arrogant  a  demand,  would  your  patriot  sires  have  deemed  them  fit 
associates  for  freemen  ?  Would  they  not  rather  have  united  their 
political  destinies  with  the  slave,  than  with  his  master — with  the 
untutored  Africans,  ratiier  than  with  the  craven  wretches  who  held 
them  in  bondage,  without  the  spirit  to  assert  their  own  ri^htx 
against  their  equals  ? 

Mr.  UNDERWOOD.— I  beg  leave  to  read  to  the  Senate,  and 
ask  that  it  may  be  printed,  an  amendment  which  I  contemplate 
otfering  to  the  amendment  proposed  by  by  the  Senator  from  Indi- 
ana. And  while  I  am  up  allow  me  to  state  what  I  conceive  to  be 
some  diilii.-ulties  growing  out  of  the  amendment  proposed  by  the 
Senator  from  Indiana,  whioh  my  amendment  is  designed  to  ob- 
viate. 

[Mr.  UNDERWOOD  read  the  amendment  of  the  Senator  from 
Indiana.] 

Now,  sir,  I  wish  to  bring  to  the  consideration  of  the  Senator 
from  Indiana,  and  tho  Senate,  this  state  of  the  case.  Suppose  I 
emigrate  from  Kentucky  with  my  slaves,  and  settle  south  of  lati- 
tude 36''  30  ,  what  is  my  condition  in  reference  to  the  property 
thus  emigrating  and  settling  south  of  that  line  ?  The  amendment 
of  the  Senator  from  Indiana  is  entirely  silent  upon  this  state  of  the 
case.  We  have  been  informed  by  gentlemen  on  this  floor,  that  the 
institutions  and  laws  of  the  newly  acquired  territories  are  not 
changed  by  our  assuming  jurisdiction  over  them;  and  we  have  also 
been  told  that  if  we  take  slaves  into  a  country,  the  jurisdiction  of 
which  we  have  newly  .acquired ;  and  the  laws  of  which  are  un- 
changed, those  slaves,  upon  being  taken  there,  imr.iediately  be- 
oome  free.  If  this  doctrine  bo  correct,  the  effect  of  my  honora- 
able  friend's  amendment  is  just  this  .  It  will  be  a  jiositive  decla- 
ration that  slavery  shall  never  exist  in  any  of  the  territories  thus 
acquired  north  of  36'^  30'.  Now,  my  object  is,  if  we  are  to  com- 
promise and  settle  this  question,  to  do  it  so  plainly  and  boldly,  bv 
meeting  the  question  in  all  its  aspects,  that  for  all  time  to  come, 
there  shall  be  no  ditliculty  in  regard  to  it.  And  hence  I  propose 
to  offer  an  additional  proviso,  that  emigrants  from  any  State  or 
territory  of  the  United  States  going  into  the  territory  of  New 
Mexico  or  California,  may  carry  with  them  any  description  of 
property,  and  that  they  shall  be  protected  in  the  use  and  enjoy- 
ment of  such  property  during  the  existence  of  the  territorial  gov- 
ernment of  the  United  States  in  those  territories.  Should  they  be- 
come States,  this  description  of  property  will  be  subject  of  course 
to  the  State  laws.  Hut  I  wish  to  obtain  a  pledcfe,  while  the  sjen- 
tleman  is  exacting  from  us  that  north  of  31)"  30'  there  shall  be 
nothing  like  slavery — that  south  of  that  line,  when  any  properly 
that  is  recognized  by  State  laws,  shall  ba  removed  into  any  newly 
acquired  territory,  it  shall  be  protected. 

The  amendment  was  read  and  ordced  to  be  printed. 

On  motion  by  Mr.  PHELPS,  it  was 

Ordered,  That  the  further  consideration  of  the  bill  be  postponed 
until  to-morrow. 

EXECUTIVE  SESSION. 

After  the  considoratit  n  of  Executive  businesa., 

On  motion, 
The  Senate  adjourned, 


796 


PETITIONS— RESOLUTIONS,  E\C. 


[Thursdat, 


THURSDAY,  JUNE  29,  1848. 


Mr.  DAVIS,  ot"  Massachusetts,  presented  a  memorial  of  cer- 
tain citizens  ol'  Boston,  praj'inij  the  survey  of  a  ronte,  and  the  ecn- 
struction  ol'  a  railroad  between  the  cities  of  New  York  and  Phila- 
delphia, to  relievo  the  community  from  an  oppressive  monopoly  ; 
which  was  referred  to  the  Committee  on  Roads  and  Canalf. 

CHUKCH   PROPERTY  IN  FLORIDA, 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Private 
Lar.d  Claims,  to  whom  was  referred  the  report  of  the  Solicitor  of 
the  Treasury  on  the  claim  of  the  Rev.  R.  Madeon,  submitted  a 
report  accompanied  by  a  resolution  authorizing  the  submission  of 
certain  claims  to  arbitration. 

The  resolution  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

VIRGINIA   MILITARY  LAND   W.\RR.tNTS. 

Mr.  CORWIN,  from  the  Comr.iittee  on  Public  Lands,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  further  to 
extend  the  time  for  locating  Virainia  military  land  warrants  and 
returnins  surveys  thereon  to  the  General  Land  Office,  reported  the 
.same  without  amendment ;  and  asked  for  its  immediate  conside- 
j'atiou. 

The  Senate  proceeded  to  consider  the  said  bill,  as  in  Committee 
of  the  Whole,  and,  no  amendment  being  made,  it  was  reported  to 
the  Senate  ;  and 

On  motion  by  Mr.  PHELPS,  it  was 

Ordered,  That  the  further  consideration  of  the  bill  be  postponed 
until  to-raorrow. 

THE    BOUNDARY    OF   TEXAS.  .    . 

Mr.  BUTLER,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  bill  from  the  House  ol  Representatives  giving  the 
consent  of  the  government  of  the  United  States  to  the  State  of 
Texas,  to  extend  her  eastern  boundary  so  as  to  include  within  her 
limits  one-half  of  Sabine  pass,  Sabine  lake,  and  Sabine  river,  as  far 
north  as  the  32d  degree  of  north  latitude,  reported  it  without 
amendment,  and  asked  ior  its  immediate  consideration. 

The  Senate  proceeded  to  consider  said  bill,  as  in  Committee  of 
the  W  hole,  and,  no  amendment  being  made,  the  bill  was  reported 
to  the  Senate. 

Ordered,  That  this  bill  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Re^o.'fed,  That  Idis  bill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representatives 
accordingly. 

NAVAL    APPROPRIATION    BILL. 

Mr.  ATHERTON,  iVom  the  Committee  on  Finance,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  making 
aiipropriations  for  the  naval  service,  for  the  year  ending  the  30tli 
of  June,  1849,  reported  it  with  amendments. 

RICH.IRD    FIELDS. 

Mr.  DOWNS,  from  the  Committee  on  Indian  Affiirs,  to  whom 
was  referred  the  resolution  for  the  relief  of  Richard  Fields,  repor- 
ted it  without  amendment. 

The  Senate  proceeded  to  consider  the  said  resolution,  as  in 
Committee  of  the  Whole,  and,  no  amendment  being  made,  it  was 
reported  to  the  Senate. 

Ordered,  That  it  bo  engrossed  and  read  a  third  time. 

The  said  resolution  was  read  a  third  time. 

R'?:oloed,  That  lhi->  rtsolution  pasr.  ami  that  the  title  tliereof  l»i,  :is  alore-mid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  resolution. 

LIMITS   AND    JURISDICTION    OV   LOUlsHlfA. 

On  motion  by  Mr.  BUTLER,  it  was 

Ordered,  That  the  Committee  on  the  Judiciary  be  discharged 
from  the  further  consideration  of  the  resolution  of  the  legislature  of 
Louisiana,  presented  the  28th  of  April,  on  the  subject  of  the  lim- 
its  and  jurisdiction  of  that  State. 

PORT  OF  ENTRY  AT  BRAZOS,  TEXAS. 

Mr.  RUSK,  agreeably  to  notice,  asked  and  obtained  leave  to 
bring  in  a  bill  to  establish  a  port  of  entry  at  tlio  Brazos  du  Santa 


lago.  in  the  State  of  Texas  ;  which  wai  read  the  first  and  second 
times,  by  unanimous  consent,  and  referred  to  the  Committee  on 
Commerce. 

PORT    OF    IKTRY    AT    BANCOR,    MAINB. 

Mr.  HAMLIN,  agreeably  to  notice,  asked  and  obtained  leave 
to  bring  in  a  bill  to  make  Bangor  a  port  of  entry  for  ships  or  ves- 
sels, coming  from  and  beyond  the  Cape  of  Good  Hope  ;  which  was 
read  the  first  and  second  limes,  by  unanimous  consent,  and  refer- 
red to  the  Committee  on  Commerce. 

CHICAGO    CONVE.NTION. 

The  following  motion  was  submitted  by  Mr.  JOHNSON,  of 
Maryland,  and  considered  by  unanimous  consent. 

Ordered,  That  ten  thousand  copies  of  the  memorial  of  the  con- 
vention at  Chicago  be  printed  for  the  use  of  the  Senate. 

Mr.  BRIGHT  moved  that  the  further  consideration  of  the  mo- 
tion be  postponed  until  to-morrow  ;  and  on  this  question  he  de- 
manded the  yeas  and  nays,  which  were  ordered,  and  it  was  deter- 
mined in  the  affirmative,  as  follows  : 

YKAS — Messrs.  Allen,  Atcliison,  .\tlierton,  Borland,  Bradbury,  Bre«se,  Bright, 
Batler,  D.ivis,  of  Mississippi.  Dickinson,  Dix,  Dodge,  Downs,  Fitzgeral,  Foote,  Hale, 
Il.Tmlin.  Hunter.  Mnson,  Niles,  Sturgeon,  Turney — 22. 

N.VYS — Messre.  Badger,  Bell.  Clarke,  Clayton,  Corwln,  Davit,  of  Massachusetts, 
Greene.  Houston.  Johnson,  ofMaryland,  Johnson,  gf  Louisiana,  Phelps,  Rusk,  Spru. 
ante,  Underwood,  Upham,  Walker — ]6. 

MESSAGI    FROM    THE    PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States  by  Mr.  Walker,  his  Secretary  : 

:\Ir,  President  :  The  President  of  tlie  ITniteH  Stales  approved  and  signed,  the  28th 
instant,  the  Ibllowiiig  enrolled  bills,  and  enrolled  joint  resolutioa  : 

An  acl  respecting  certain  surveys  in  the  State  of  Florida. 

An  a(;t  to  authorize  tlie  settlsment  of  the  accounts  of  Joseph  Nourse,  deceased. 

A  resolution  to  explain  an  act  passed  24th  June,  imjj.  entitled  "An  act  for  the  re- 
lief  ul  "William  B.  Slaughter,  late  Secretary  or  the  territory  of  Wiscotisin." 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President  :  The  House  of  Representatives  have  passed  the  following  bills,  id 
which  they  request  the  concurrence  of  the  Senate: 

\n  act  to  change  the  times  for  holding  the  district  courts  of  the  United  States  in  the 
western  district  of  Virginia,  and  for  other  purposes. 

An  act  to  incorporate  the  Washington  Gas  Light  Company. 

The  Speaker  of  the  House  of  Representatives  having  signed  two  enrolled  bills  and 
and  an  enrollcl  resolution,  T  am  diiected  to  bring  them  to  the  Senate  for  the  signature 
of  their  President. 

The  President  of  the  United  States  approved  and  signed  the  26tb  instant  the  fol- 
lowing acts  ; 

An  act  making  appropriations  for  the  payment  of  revolutionary  and  other  pension* 
of  the  United  States,  for  the  year  ending  the  30th  June,  1849. 

All  act  to  prevent  the  importation  of  adulterated  and  spurious  drugs  and  medi 
vines. 

.\n  act  to  regulate  the  exchange  of  certain  documents,  and  other  pubhcatioDS  ef 
Congress. 

An  act  for  the  relief  of  the  legal  representatives  of  James  Brown,  deceased. 

An  act  for  the  relief  of  Silas  Waterman. 

An  act  giving  further  lime  for  satisfying  claims  for  bounty  lands,  and  fur  other 
pniposes. 

An  act  for  the  relief  of  the  legal  representatives  John  Snynder. 

An  act  for  the  relief  of  Phineas  Capen,  administrator  of  John  Cox,  deceased,  of 
Boston. 

SIGNING    OF  BILLS  AND  RESOLUTION. 

Tho  PRESIDENT  pro  tempore  signeil  the  following  enrolled 
bills  and  enrolled  joint  resolution: 

.\ii  act  for  the  relief  of  Dr.  Adoljihus  VVisIizeBUl. 

All  act  for  \\w  relief  of  the  bona  fide  settlers  under  the  acts  for  the  armed  occupation 
and  settlement  of  a  part  of  the  Tetritorv  ol  Florida. 

Kesolutioa  relative  to  evidence  in  applications  for  pentiooi. 
OREGON  BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  tho  consid- 
eration of  tlie  bdl  to  establish  the  twritorial  government  of  Ore- 
gon. 

Mr  PHELPS. — Mr.  President  ;  It  was  not  my  purpose  when 
this  debate  commenced,  to  take  any  part  in  the  discussion  of  a  sub- 
ject which  1  had  studiously  chosen  to  avoid,  as  a  subject  of  an  irri- 
tating, Iroublesoine,  and  perplexing  character.  But,  sir,  I  have 
tieeii  induced  to  change  my  purpose,  in  consequence  of  the  course 


June  29.  | 


THE  OREGON  BILL. 


797 


whicli  has  beea  taken  in  the  debate.  Doctrines  have  been  ad- 
vanced, which,  in  my  judgment,  are  at  war  with  the  constitntinn. 
Positions  have  been  taken  which  I  re<;ard  as  wholly  untenable; 
and  claims  have  been  setup  in  relation  to  the  slave-holding  power 
which  I  deem  it  my  imperious  duty  to  resist.  It  is  a  very  impor- 
tant question  whether  this  power,  existinj;  as  it  does  in  certain 
portions  of  the  Union,  can  arroiiate  to  itself  a  principle  of  self-ex- 
tension in  defiance  ol  the  power  of  Congress,  and  in  defiance  of 
local  legislation.  Sir,  this  pretension  is,  in  my  judgment,  wholly  in- 
admissible. I  had  supposed  that  a  proposition  so  inconsistent  with 
what  has  heretofore  taken  place,  would  not  have  been  advanced. 
We  have  heard  a  good  deal  of  the  Missouri  compromise.  That  com- 
promise, if  1  understand  it,  fixed  upon  the  line  of  north  latitude  36^ 
30'  .as  the  line  of  demarkation  between  what  are  called  the  free  and 
the  slave  States.  I  had  supposed,  that  by  virtue  o I',  that  compro- 
mise, the  territory  of  the  United  States  north  ol  that  lino  was  to 
be  forever  exempted  from  the  institution  of  slavery.  But,  sir.  we 
are  now  told,  whatever  may  have  been  the  purport  of  the  com- 
promise,  that  we  possess  not  the  power  to  exclude  slavery  from 
any  portion  of  the  territory  of  the  United  States.  If  this  position 
is  tenable — if  It  can  be  made  out  that  Congress  has  no  power  over 
this  subject,  as  connected  with  its  territorial  legislation,  then,  in- 
deed, the  Missouri  compromise  fails  as  a  compromise,  for  want  of 
power  to  make  it  and  want  of  power  to  carry  it  into  effect.  Sir, 
I  repeat,  if  this  pretension  is  defensible,  which  claims  to  exempt 
this  instil ution  from  all  legislation,  and  claims  for  it  the  right  to 
extend  itself  over  these  territories  in  defiance  of  our  legislation; 
il  this  jirctcnce  be  well  founded,  then,  indeed,  there  is  no  earthly 
authority  that  can  restrain  it. 

But,  sir,  before  I  admit  the  justice  of  tliis  position,  I  may  be 
permitted  to  examine  the  ground  on  which  it  is  founded.  And,  in 
the  outset,  I  deem  it  utterly  immaterial  whether  the  power  of 
Congress  over  the  territories  of  the  Union  is  to  be  derived  from  the 
express  grant  of  power  in  the  constitution,  to  make  rules  and  re- 
gulations for  the  government  of  the  territories;  or,  whether  it  be 
derived  from  the  power  which  is  incident  to  this  government,  be- 
cause essential  to  .all  governments, of  acquiring  territory  by  conquest 
or  purchase,  which  carries  with  it  the  right  to  govern.  It  has  been 
argued  that  the  express  provision  of  the  constitution  extends  the 
legislative  power  of  Congress  over  these  territories  no  further  than 
the  subject  ol  properly  is  concerned;  and  that  legislation  over 
persons  is  not  included.  It  is.  however,  conceded  on  the  other 
hand,  that  it  is  incidental  to  this  governmenl  to  ac(iuire  territory, 
and  if  the  power  to  acquire  territory  be  admitted,  the  power  to 
govern  is  of  course  involved.  But,  sir,  all  this  discussion  is,  in  my 
humble  judgment,  unimportant.  From  whatever  source  the  pow- 
er is  derived,  it  is  too  late  now  to  deny  its  existence.  It  was  as- 
serted before  the  formation  of  the  constitution.  It  was  not  denied 
or  prohibited  by  the  constitution  itself  when  adopted.  It  has  been 
exercised  from  the  first  existence  of  the  government  down  to  the 
present  day;  scarcely  a  session  of  Congress  has  pas.sed  in  which 
ihe  existence  of  the  power  has  not  been  recognized  in  the  most 
emphatic  manner— indeed  the  bill  before  us  assumes  the  power; 
and  every  discussion,  every  question  that  is  raised  in  the  face  of 
this  bill  as  to  what  it  is,  or  what  it  should  be,  proceeds  upon  the 
same  assuraplion. 

Sir,  my  first  position  is,  that  let  the  power  be  derived  from  what 
source  it  may,  it  is  a  general,  an  exclusive,  and  therefore  unlim- 
ited power.  If  you  attribute  the  power  to  the  right  of  acquisition 
— to  the  war-making  power — to  the  capacity  of  the  government  to 
acquire  territory.  Us  jurisdiction  over  it  is  necessarily  unlimited, 
because  no  other  sovereignty  can  exist.  By  the  very  act  of  ces- 
sion which  made  this  territory  the  property  of  the  United  States, 
all  previous  liovereign  power,  all  prior  legislative  power,  becomes 
at  once  extinct.  The  power  of  Congress  oter  these  territories  is 
tho  only  power  that  can  thereafter  exist.  Well,  sir,  if  it  be  true 
that  tliis  legislative  power  over  the  territory  is  unqualified  and  un- 
limited, and  if  Congress  possess  this  general  legislative  power, 
the  only  remaining  question  is,  whether  this  institution  is  a  legiti- 
mate subject  for  the  exercise  of  that  power.  It  has  been  claimed 
from  the  outset,  by  those  who  vindicate  the  institution,  that  this  is  a 
proper  subject  to  be  regulated  by  the  local  legislature.  It  is  upon 
this  ground,  viz  :  that  the  subject  falls  within  the  exclusive  pro- 
vince of  Slate  and  local  legislf.tion,  that  the  slaveholding  States 
have  denied  the  power  of  Congress  to  interfere  with  the  institu- 
tion within  the  States.  It  is  upon  this  ground,  questioned,  denied 
by  nobody,  that  Congress  have  uniformly  disowned  and  repudiated 
that  power  of  interlerence.  But  the  power  of  local  legislatitm  over 
the  territories  is  in  Congress  as  absolute  and  unlimited  as  the  cor- 
responding power  is  in  the  State  legislature.  Nay,  if  you  derive 
the  power  of  Congress  from  the  facullv  of  acquisition  incident  to 
all  governments,  it  is  more  absolute  and  unlimited  because  un- 
trammeled  by  the  restrictions  of  the  State  constitutions.  If  this 
subject  be  a  fit  subject  for  legislation  in  the  one  case  it  is  a  fit  sub- 
ject in  the  other.  It  seems  to  me  that  the  conclusion  is  inevita- 
ble— that  Congress  possesses  the  same  piiwer  of  legislation  upon 
this  subject  within  the  territories  of  the  Union,  that  the  States  do 
within  their  own  jurisdiction. 

I  admit  that  the  legislative  power  of  Congress  is  limited  in  some 
respects  ;  I  admit  that  Congress  can  grant  no  patent  of  nobility  in 
these  territories  any  more  than  in  the  States  ;  I  admit  that  t'le  re- 
strictions in  the  constitution  upon  the  legislation  of  Congress  are 
to  be  observed  ;  but,  sir,  I  ask  gentlemen  on  the  other  side  to  point 
out  the  restriction  in  the  constitution  which  prohibits  us  from  legis- 
iaiing  upon  this  subject.  Sir,  if  the  power  is  not  general,  if  it  is 
Dot  unliinit«d  mid  exclusive,  if  any  restrictions  are  imposed  upon 


it  by  the  constitution  of  the  United  States,  let  those  restrictions  be 
pointed  out.  Let  gentlemen  refer  us  to  the  article,  the  section, 
the  clause  in  the  constitution  of  the  United  States  which  interferes 
ill  this  particular  with  the  general  legislative  power  of  Congre.ss. 
No  gentleman  has  referred  us  to  any  portion  of  that  instrument 
which  involves  such  a  doctrine  ;  and  I  think  I  may  say  with  confi- 
dence, that  no  gentleman  will  make  the  attempt. 

But,  sir,  from  what  source  is  this  restriction  attempted  to  be  de- 
rived ?  Is  it  from  the  nature  of  the  subject  i  Various  analogies 
have  been  stated  to  illustrate  the  position  that  there  is  inherent  in 
the  subject  itself  something  which  involves  a  restriction  upon  our 
action.  The  Senator  from  South  Carolina  asserted  that  the  pow- 
er was  vested  in  Congress  in  trust  ;  and  ho  argued  from  analogy 
that  the  power  of  Congress  as  trustee  was  restricted.  Sir,  the 
great  mistake  is,  that  things  are  treated  as  identical  which  are  in 
their  very  nature  diflerent.  I  admit  that  ail  the  powers  of  Govern- 
ment are  held  in  trust  for  the  benefit  of  the  people,  but  I  do  not 
admit  that  this  trust  has  any  analogy  to  an  ordinary  legal  trust. 
The  very  cicment  of  legislative  discretion  which  enters  into  every 
grant  of  political  power  puts  an  end  at  once  to  the  analogv.  No  two 
things  are  wider  apart  than  political  power  vested  in  a  legislative 
body,  to  be  exercised  in  legislative  discretion,  and  a  mere  legal 
power  vested  in  a  trustee  .at  law,  which  involves  no  discretion, 
whilst  Ihe  other  involves  the  highest  discretionary  power  known 
to  our  system  of  government.  An  argument  drawn  Irom  an  anal- 
ogy of  this  sort  would  be  denying  to  the  legislature  a  discretion 
in  this  matter,  because  a  similar  discretion  is  not  attached  to  a  le- 
gal trustee. 

Equally  unfortunate  was  the  Senator's  analogy,  which  he  en- 
deavored to  derive  from  a  comparison  of  the  common  proper- 
ty of  the  people  of  these  States  in  their  territories  to  an  or- 
dinary partnership.  Had  the  Senator  taken  the  case  of  a  cor- 
poration acting  by  the  will  of  the  majoritv,  he  would  have  found 
a  closer  analogy.  The  interest  of  the  people  of  these  States  in  the 
territories  is  a  corporate  interest.  The  Senator  front  Georgia 
[Mr.  Berrien]  adopts  this  analogy,  and  he  cites  Vattel  to  estab- 
lish the  position,  that  although  a  corporation  may.  by  vote  of  the 
majority,  regulate  the  mode  in  which  each  corporator  may  enjoy 
his  corporate  property,  it  cannot  deprive  him  of  that  property. 
He  need  not  have  cited  authority  for  a  position  so  obviously  just, 
and  one  which  no  one,  I  trust,  is  disposed  to  question.  Sir,  I  shall 
endeavor  to  show  that  this  question  of  the  admission  of  slavery  into 
these  territories  is  not  a  question  of  right,  but  one  which  relates  to 
the  mode  of  enjoyment,  and  in  that  light  is  a  question  of  expediency 
only. 

Sir,  the  argument  of  the  honorable  Senator  from  South  Carolina 
[Mr.  C.^lhou.n]  &nd  the  honorable  Senatnr  from  Georgia  [Mr. 
Berrien]  is  in  substance  this.  These  territories,  it  is  said,  are 
the  common  property  of  the  Union  ;  the  citizens  of  each  and  every 
State  have  equal  rights  and  privileges  in  relation  to  them.  It  is 
insisted  that  the  citizens  of  every  State  have  an  equal  right  to  em- 
igrate to  and  dwell  in  those  territories,  and  to  carry  thither  and 
retain  their  property — that  is  is  to  say,  their  slaves.  And  it  is 
lurther  insisted,  that  any  act  of  Congress  which  interferes  with 
this  right,  and  prevents  the  transfer  of  this  description  of  property 
is  a  violation  of  the  rights  of  the  slaveholding  Stales,  destructive 
of  their  interests  and  of  that  e([uality  of  right  which  is  assumed 
to  exist.  Such  a  proceeding,  it  is  said,  is  virtually  appropriating 
the  common  properly  of  the  Union  to  the  use  and  benefit  of  one 
portion  of  the  people  to  the  exclusion  of  others. 

Sir,  in  every  aspect  of  this  argument,  and  in  all  its  parts,  it  is  fal- 
lacious. So  far  as  it  is  built  upon  the  supposed  inequality  between 
those  who  are  assumed  to  have  equal  rights,  I  conless  it  is  beyond 
my  comprehension. 

Whatever  may  be  the  determination  of  Congress,  whether  any 
restriction  is  imposed  in  relation  to  slavery,  or  whether  it  is  admit- 
ted freely  and  without  restriction,  every  citizen  of  the  United 
States  stands  upon  the  same  footing.  If  it  he  admitted,  he  may 
cither  take  his  slaves  there  or  not,  as  he  pleases.  Whatever  may 
be  the  decision  of  Congress  in  regard  to  this  matter,  all  stand  upon 
the  same  footing — the  rule  is  uniform.  If  slaves  are  admitted,  are 
they  not  admitted  for  the  benefit  of  all  ?  And  if  they  are  excluded, 
are  they  not  excluded  for  the  benefit  of  all  ? 

Although  I  am  not  disjiosed  to  (juesiion  the  general  truth  of  the 
proposition  upon  which  the  argument  rests,  to  wit,  that  every  cit- 
izen has  a  right  to  emigrate  to  the  territories  with  his  property,  I 
am  disposed  to  deny  its  application.  And  in  order  to  determine 
how  far  it  is  applicable  to  the  (juestion  now  before  us,  it  be- 
comes necessary  to  inquire,  what  is  meant  by  properly  in 
slaves.  It  is  property  ioundcd  upon  a  domestic  relation,  and 
may  be  compared  to  the  interest  which  a  parent  has  in  the  services 
of  his  child  ;  and  it  bears  a  still  closer  resemblance  to  the  relation 
of  master  and  servant;  for,  let  me  remark,  the  constitution  of 
the  United  States  denominates  slaves  not  as  property,  but  as  "per- 
sons held  to  service,"  which  is  in  ray  judgment  the  properdesignation. 
The  property  which  a  master  has  in  the  services  of  his  slave,  if  vou 
choose  to  adopt  that  language,  is  the  property  which  the  master  has 
in  his  apprentice.  This  property,  then,  is  dependent  upon  a  domes- 
tic relation,  it  is  incident  to  it,  and  can  exist  nowhere  where  that 
domestic  relation  does  not  exist.  The  next  inquirj-  is  whether 
this  domestic  relation  is  a  subject  of  local  legislation?  The  Sen- 
ator from  Georgia  asked  with  a  good  deal  of  emphasis,  whether  if 
a  master  from  a  State  in  the  Union  where  apprenticeship  is  recog- 
nized, takes  his  apprentice  to  a  part  of  the  Union  where  it  is  not 
recognized,  he  will  loose  the  service  of  his  apprentice.  I  answer 
uiiquestionablj,  yes.    The  apprenticeship  being  subject  to  the  Icr 


798 


THE  OREGON  BILL. 


[Thursday, 


cal  jurisJiction  only,  and  the  local  power  lieing  as  applicable  to 
the  relations  of  master  and  servant  as  it  is  to  any  other  question 
that  can  arise  in  connexion  with  mere  municipal  resulatiuns.  But 
there  is  another  principle  which  stands  in  the  wav  of  the  ar- 
gument ot  the  Senator  from  Georfjia.  The  Senator  must  he 
aware  that  when  he  removes  wall  liis  property  into  a  new  juris- 
diclion,  he  holds  that  property  subject  to  the  local  legislation  of 
such  new  jurisdiction.  Sir,  what  is  the  principle  which  oh- 
taius  thrQiin;hout  the  civilized  world  upon  this  very  suhjcct?  Is  it 
not  the  common  jud<^ment  of  the  whole  civilized  world,  that  a 
slave  taken  into  a  jurisdiction  where  slavery  is  not  reco<;nized  be- 
comes ipso  facto  Iree^  Is  nut  this  the  doctrine  of  ever^'  civilized 
nation  upon  earth?  and  is  it  not  the  doctrine  that  is  reeoijnizcd  by 
every  State  in  the  Union?  This  pro|ierty  is  what?  Is  it  that  spe- 
cies of  property  which  is  recoi;nizcd  everywhere?  No,  sir.  And 
here  is  another  dilficulty  in  the  argument  of  honorable  gentlemen. 
When  they  tell  me  that  citizens  of  every  Stale  have  a  riL'ht  to  emi- 
grate to  the  territories  of  the  United  States  and  hold  their  property 
there,  I  answer  that  you  may  carry  such  property  as  is  vecog. 
nized  as  such  everywhere  by  the  common  consent  of  nations  and 
the  commercial  world,  but  you  cannot  carry  with  you  the  peculiar 
regulations  of  your  own  country,  which  create  a  property  that  is 
unknown  elsewhere.  The  Senator  i'rom  Georgia  saw  tit  to  de- 
nominate this  distinction  as  a  chimera  of  the  imagination.  If  it 
is,  it  has  found  its  way  into  llie  imagination  and  into  the  jurispru- 
dence, and  commended  itself  to  the  judgment  of  every  civilized 
people.  If  there  be  no  distinction  between  this  species  ol  property 
and  that  kind  of  property  which  is  recognized  everywhere,  how 
happens  it  that  the  title  of  the  property  is  lost  by  carryina'  it  from 
one  jurisdiction  to  another?  If  you  carry  your  merchandize  from 
Virginia  to  New  England,  it  will  be  recognized  there  as  fully  and 
absolutely  as  the  property  of  their  own  people,  but  if  you  take 
those  persons  who  are  held  in  servitude,  they  recognize  no  such 
projierty,  and  under  that  jurisdiction  they  necessarily  become  free, 
if  you  take  vour  cotton  or  merchandize  of  any  description  to  Eng- 
land, your  right  to  it  is  recognized  and  protected  by  the  law  of 
nations;  any  unlawful  interference  with  that  property  becomes  a 
subject  of  national  discussion,  and  if  unatoned  for,  a  legitimate 
cause  of  war.  Is  it  so  with  this  species  of  property?  Will  Great 
Britain  admit  your  right  to  lullow  your  fugitive  .slaves  there,  or 
will  you  make  it  a  cause  of  war  if  she  does  not?  The  Senator 
from  Georgia  himself  admitted  that  if  a  master  take  his  slave  into 
a  free  State  voluntarily,  it  is  a  virtual  manumission.  If  you  take 
property  then  to  Oregi'H,  you  hold  it  there  subject  to  the  local 
laws;  and  if  you  take  persons  there  whom  you  call  property  and 
they  do  not,  your  title  is  forfeited.  This  is  admitted  to  be  a  prin- 
ciple of  law  by  gentlemen  of  the  slaveholding  States.  I  am  a  little 
surprised  that  the  Senator  from  Georgia  should  have  seen  tit  to 
bestow  upon  this  distinction  thus  recognized  in  the  jurisprudence 
of  the  United  States,  and  of  every  other  country,  the  epithet  of  a 
chimera  of  the  imagination. 

But  sir,  what  is  this  property?  It  is  a  species  of  properly  which 
is  recognized  in  certain  localities  only.  If  it  be  of  that  charac- 
ter which  is  recognized  and  protected  as  property  by  one  local 
legislature,  and  not  protected  or  recognized  by  another,  is  it.  or  is 
it  not  a  proper  subject  for  local  arrangement?  Its  very  basis  is 
local:  it  stands  upon  that  princijde,  and  that  alone;  and  yet  we 
are  told  that  although  this  is  the  basis  upon  which  this  spe<:ies  of 
property  rests,  yet  after  all.  Congress  possessing  the  exclusive 
power  of  legislation  over  the  territories  has  no  control  over  it. 
But.  the  pretension  does  not  stop  here.  It  is  said  that  the  citizens 
of  the  slaveholding  Stales  have  a  right  to  carry  their  institutions  in;o 
the  territories  of  the  United  States,  and  that  you  have  no  power  to 
prevent  it.  When  this  pretension  is  set  up,  the  question  becomes  this, 
not  whether  citizens  of  the  United  States  have  a  right  to  emisrate  to 
this  territory  with  their  property,  hut  whether  they  have  a  richt  to 
carry  with  them  their  peculiar  domestic  and  municipal  reL'ulations. 
and  substitute  them  for  the  laws  which  you  choose  to  establish. 
Such  a  doctrine  would  place  the  slaveholding'  power  above  tliclesjis- 
lating  power.  If  they  have  a  right  to  claim  exemption  within  ymir 
territories  from  the  operation  of  your  laws,  they  may  claim  a  right 
to  follow  your  armies  in  your  career  of  conquest,  and  to  plant 
the  standard  of  slavery  upon  every  inch  of  the  wide  domain 
which  your  power  and  your  ambition  combined  may  bring  under 
your  dominion.  Instead  of  extending  the  area  of  freedom  you 
would  carry  abroad  the  standard  of  slavery  ;  while  the  slavchoKt- 
ing  power,  thus  stalking  in  the  wake  of  your  victorious  armies  and 
appropriating  to  itself  your  successive  acquisitions,  would  render 
itself  cn-cxtensive  and  coeval  with  the  boasted  *'  destinies''  of  this 
country.  Sir,  1  solemnly  protest  against  the  jirctcnsioii  which 
tramples  lesislative  power  under  foot — which  sets  all  iiunian  au- 
tliority  at  defiance,  and  arrogates  to  itself  the  ritrlit  to  extend  its 
peculiar  institutions  wherever  it  chooses  to  plant  its  footsteps. — 
Sir,  before  I  admit  this  doctrine,  objectionable  as  it  is  to  me,  and, 
the  Senator  will  permit  me  to  add,  ollensive  as  it  is  to  the  people 
of  a  great  portion  of  this  Union,  I  wish  to  see  the  foundation  upon 
which  this  pretension  rests  ;  I  desire  to  see  the  clause  in  the  con- 
stitution  which  ties  your  hands  and  mine.  It  is  insisted  that  the 
constitution  recognizes  this  species  of  property.  How  does  it  re- 
cognize it  ?  In  the  first  plai'O  it  rccogni/cs  slaves  as  persons  held 
to  servitude,  as  persons  entitled  to  representation  in  these  halls. 
They  are  at  this  moment  represented  here  as  a  portion  of  the  po. 
pulaliun  of  this  Union,  and  yet  we  are  told  they  are  property — • 
mere  merchandize.  If  these  people  are  persons  and  not  iircqicrty, 
upon  what  principle  is  it  contended,  that  when  they  emigrate  to 
jfour  turrilories  ihey  do  no;  go  llieie  subject  to  tho  lawa  which 


prevail  there  ?  The  fallacy  of  the  argument  consists  in  the  deno- 
mination that  is  given  to  thorn,  in  supposing  them  yiroperly  such 
as  is  recocnized  by  the  common  judgment  of  the  civilized  world. 
It  consists  in  putting  them  upon  a  footing  which  they  oujht  not  to 
occupy,  and  which  no  logic  can  make  them  occupy.  The  consti- 
tution recognizes  the  institution  so  far  as  this  :  it  authorizes  the 
recapture  of  slaves,  or,  to  use  the  lantruage  of  the  constitution, 
"  persons  helil  to  service."  It  is  a  mere  recognition  of  the  rights 
of  the  master  in  the  State  where  he  resides,  and  upon  whose  mu- 
nicipal reirulations  his  rights  rest.  But  how  far  does  this  provi- 
sion 20  in  recognizing  the  right  of  slavery  ?  It  goes  no  farther 
than  1  have  mentioned — than  simply  to  authorize  the  recapture  of 
persons  escaping.  Suppose  the  master  choose  to  take  his  slave 
into  a  free  State,  what  becomes  of  his  right  ?  Why,  as  the  Senator 
liom  Georijia  himself  observes,  it  is  a  voluntary  manumission.  I 
would  like  to  ask  the  honorable  Senator  where  he  finds  the  provi- 
sion which  authorizes  the  extension  of  this  institution  bv  its  own 
\oluntaiy  act,  not  only  without  the  sanction,  but  in  defiance  of  lo- 
cal legislation  ?  This  right  of  recapture  is  one  thing,  and  the 
right  to  transport  slaves  I'rom  one  State  or  territory  to  another 
and  plant  the  institution  there,  is  another  thing;  and  while  the 
honorable  Senator  claims  this  right  of  recapture,  he  is  lorced  to 
admit  that  a  voluntary  removal  xo  a  territory  where  slavery  is  not 
recognized,  amounts  to  manumission.  The  recognition  of  the  con- 
stitution falls  infinitely  short  of  the  conclusion  to  which  the  honor- 
able Senator  comes.  He  claims  the  righ-  to  plant  the  seeds  of 
this  institution  in  Oregon.  Yes,  sir,  to  plant  them  every  where  ; 
and  while  you  are  extending  the  "  area  cf  freedom,"  he  is  cover- 
ing that  "area  of  freedom"  with  a  cloud  of  slavery.  I  repeat  the 
question  :  lu  which  provision  of  the  constitution  is  such  a  doctrine 
to  be  iound  ?  In  what  provision  can  you  find  the  basis  from  which 
such  an  inference  can  be  drawn  ? 

Mr.  BUTLER. — I  would  ask  the  honorable  Senator  whether  he 
sujiposes  that  the  mere  passing  from  a  slaveholding  State,  with 
slaves,  aniiao  revcrtendi,  would  render  them  free  ? 

Mr.  PHELPS. — I  hold  that  the  master  who  takes  his  slaves 
into  a  free  jurisdiction,  whether  it  be  animo  revertendi  or  not, 
emancipates  them  ;  and  1  hold  that  this  emancipation  does  not  de- 
pend upon  the  will  of  the  master,  but  rests  upon  the  principle  of  a 
change  of  jurisdiction.  The  master,  by  placing  himself  and  his 
slave  in  any  jurisdiction,  subjects  himseil,  his  slave,  and  the  rela- 
tion between  them,  to  the  local  laws  of  that  jurisdiction.  The 
same  result  would  follow  if  the  slave  escapes.  In  the  absence  of 
the  constitutional  provision  for  recapture,  the  fugitive  slave  arri- 
ving upon  the  soil  where  slavery  is  not  recognized,  becomes  free. 
This  is  the  doctrine  of  the  English  common  law.  We  have  been 
familiar  with  it  from  our  childhood.  1  ne(}A  not  repeat  the  lan- 
guage of  the  celebrated  Irish  orator,  with  which  all  are  familiar, 
to  establish  the  position  that  the  moment  a  slave  sets  foot  upon 
the  soil  of  England  the  shackles  fall. 

We  have  proof  of  this  in  a  recent  transaction.  The  slaves  of 
the  Creole  who  mutinied,  overpowered  their  masters  and  took  re- 
fuge in  New  Providence,  were  not  surrendered  by  the  British  go- 
vernment, but  your  application  was  refused.  The  same  thing  oc- 
curred in  the  case  of  the  ;  laves  of  the  Amistad.  We  refused  to 
regard  them  as  property  and  declared  them  free.  This  doctrine, 
I  believe,  has  been  sanctioned  every  where  wherever  there  has 
been  any  thing  like  judicial  action  on  the  subject.  It  has  been  re- 
cognizetl  by  your  own  Sujireme  Court.  Sir,  I  am  asked  if  I  approve 
of  this  doctrine  thus  held  by  the  courts.  I  answer  without  hesi- 
tation, yes  ;  because  the  converse  of  that  doctrine  would  place  the 
slave  power  above  all  the  institutions  of  this  government.  If  the 
converse  of  this  doctrine  were  to  obtain,  and  the  property  of  the 
master  in  his  slave  were  to  be  recognized  every  where,  it  would  be 
in  the  p  iwer  ol  the  slave-owner, by  a  simple  transfer  of  what  he  calls 
property,  to  establish  the  institution  in  any  of  the  States,  in  dis- 
regard of  its  laws  and  in  defiance  of  the  wishes  and  power  of  the 
people.  Such  a  result  is  too  monstrous  to  be  claimed  on  the  one 
hand,  or  admitted  on  the  other.  The  provision  of  the  constitution 
lor  the  reclamation  of  iugitives.  so  often  cited  as  importing  a  con- 
stitutional recognition  of  slavery,  is  itself  founded  upon  the  very 
doctrine  for  which  I  contend.  Without  this  doctrine  the  provision 
is  unneccssaiy.  It  is  because  the  relation  of  master  ai.d  slave  is 
not  recognized,  and  would  not  bo  enforced  out  of  the  jurisdiction 
tolerating  slavery,  that  the  provision  became  necessary.  Sir,  the 
doctrine  for  which  I  contend  is  that  upon  which  the  whole  slave- 
holdino;  portion  of  ihe  Union  have  relied  for  the  protection  of  their 
jii'cidiar  institutions,  and  of  that  species  of  property  which  is  in- 
cident to  tlicm.  If  skives  are  to  be  regarded  as  mere  properly — 
mere  merchandize,  what  shall  prohibit  Congress  in  the  exercise  ol" 
its  admitted  power  to  regulate  I'ommerce — from  regulating  the 
•.rallie  among  the  States?  Sii  ,  it  is  upon  this  ground,  and  this 
only,  that  slaves  are  not  to  bo  regarded  in  the  light  of  mere  pro- 
perty; that  this  jiower  on  the  part  of  Congress  has  been  resisted; 
and  on  tills  ijrounil.  and  this  only,  has  the  power  been  disowned. 

I  find  no  limit  with  this  jirovision  for  the  reclamation  of  lujri- 
tives.  I  am  perfectly  content  that  these  slaves  should  be  re- 
claimed. I  cheerfully  concede  to  the  slaveholding  portion  of  the 
Union  all  that  they  can  reasonably  demand,  and  will  aid  in  main- 
taining their  rights  as  they  are  recognized  by  law  und  founded  in 
the  compromises  of  the  constitution.  But  I  am  unwilling  that 
they  should  impose  this  institution  upon  people  by  whom  it  is  not 
desired.  As  I  have  already  remarked,  every  person  that  ehoosfs 
to  emigrate  to  the  territory  of  Oregon  can  go  there  with  sucU 
rights  US  the  local  laws  recognize,    ilo  cnn  vlaiiu  uo  olhei'.    l\n 


June  29.] 


THE  OREGON  BILL. 


799 


can  claim  no  iramiini'ty  or  exemption  from  the  jurisdiction  under 
which  he  chooses  to  live.  All  he  can  ask  is  to  stand  upon  the  same 
fouling  as  his  fellow-citizens.  But,  says  the  Senator  from  Georgia, 
we  shall  not  stand  on  an  equality,  because  we  cannot  take  our 
slaves  there.  Bat,  cannot  the  territory  bo  occupied,  possessed  and 
enjoyed,  without  a  slave  population  ?  Is  it  indispensably  requisite 
to  the  enjoyment  of  territories  of  the  United  States  that  we  should 
carry  this  institution  into  them  ?  Can  they  not  be  peopled,  and 
cannot  these  new  comniunilies  grow  up  and  prosper  without  the 
aid  of  this  institution  ?  For  the  lirst  time,  I  believe,  in  mv  life.  I 
have  heard  doubts  expressed  as  to  the  conslilutionalily  and  pro- 
priety of  this  prohibition  of  slavery.  Be  it  constitutional  or  not, 
when  gentlemen  tell  me  they  cannot  enjoy  their  rights  without  the 
aid  of  a  slave  population,  I  ask  them  to  look  at  thu  territory  tn 
which  the  ordinance  of  '87  applies,  and  then  tell  mo  whether  this 
institution  is  so  indispensable  lo  the  enjoyment  of  territory.  Visit 
Ohio — that  mighty  State  which  is  but  a  few  years  old — and  behold 
the  results  of  this  prohibition  of  slavery.  That  as  a  civilized  com- 
munity is  hardly  as  old  as  my  lecollection — for  I  recollect  vei-y 
well  when  the  first  considerable  emigration  to  Ohio  took  place. — 
They  were  enabled  to  occupy  that  territory  and  to  lay  the  solid  foun- 
dations of  the  great  and  growing  prosperity  of  that  .State  without 
the  aid  of  a  slave  population.  Will  it  be  pretended  that  iho  rights 
of  that  people  were  impugned  or  violated  by  excluding  this  insti- 
tution ?  Did  they  not  live  there  and  flourish  without  it  i  Can  Tlie 
people  of  the  South  then  not  live  in  Oregon  without  their  slaves  ? 
Can  thoy  not  be  as  successful  without  them  as  the  people  of  the 
North  have  been  in  planting  their  settlements  in  the  West  ?  Is 
slavery  really  necessary  to  tlie  progress  of  this  people  1 

Let.  gentlemen  compare  the  present  condition  of  that  portion  of 
our  Union  covered  by  the  ordinance  of  1787,  with  the  older  Stales 
where  slavery  exists,  and  they  will  find  the  answer.  The  argument 
that  the  exclusion  ofslavery  will  exclude  the  people  of  the  slavebold- 
ing  btates  Irom  the  benetit  of  the  territory  .assumes  that  the  ter- 
ritory cannot  be  peopled,  cultivated,  occupied  and  enjoyed  without 
the  aid  of  slave  labor.  If  this  is  not  made  out  the  argu- 
ment fails.  If  the  arts  anti  occupations  of  civilized  life  can 
he  established  then,  and  the  great  ends  of  the  social  sys- 
tem and  of  civil  government  attained,  without  the  institution 
of  slavery,  then  the  institution  is  a  mode  of  enjoyment  merely,  not 
essential  to  the  rights  of  the  proprietors,  and  therefore  a  legiti- 
mate subject  of  legulation  by  the  majority— in  other  words,  of 
legislation. 

You  cannot,  of  course,  deny  to  any  of  the  common  proprietors 
their  right  to  share  in  the  common  property;  but  certainly  j'ou  can 
regulate  the  mode  in  which  they  can  enjoy  it.  You  can  make  all 
all  these  regulations  which  are  necessary  for  the  common  benefit 
and  adopt  such  legislation  as  may  best  promote  the  prosperity  and 
happiness  of  the  vi'hole.  If.  in  the  exercise  of  your  judgment,  a 
particular  institution  stands  in  the  way  of  the  accomplishment  of 
this  great  object  of  the  common  good,  you  can  prohibit  it.  This 
question  of  slavery  in  the  territories  is  reduced,  then,  simply  to 
the  mere  mode  of  enjoyment  of  that  which  is  the  property  of  all. 
The  question  of  slavery  in  the  territories  thus  becomes  a  legiti- 
mate subject  of  legislative  action.  It  is  a  mere  question  of  expe- 
diency— of  sound  legislative  discretion.  I  oppose  the.se  doctrines 
to  the  proposition  that  we  possess  no  power  to  nrrest  the  progress 
of  this  evil. — that  we  cannot  prevent  the  seed  from  being  planted 
— that  the  only  power  on  earth  that  can  interfere  is  that  of  the 
people  of  the  territories  when  they  come  to  form  a  State,  constitu- 
tion. Sir,  prevention  is  altogether  better  than  cure.  It  is  easier, 
as  the  melancholy  experience  of  the  country  illustrates,  to  prevent 
the  introduction  of  this  system  than  to  eradicate  it  when  once  es- 
tablished. 

The  Senator  from  Georgia  desires  that  before  the  formation  of 
these  State  constitutions,  the  slaveholding  interest  shall  be  repre- 
sented there.  Sir,  I  desire  no  such  thing.  The  extreme  difficuliy 
and  danger,  perhaps  I  might  say  the  impossibility  of  eradicating 
the  institution  when  once  planted,  is  an  insuperable  objection. — 
This  consideration  of  the  hazard,  the  peril  of  so  radical  a  change 
in  the  domestic  arrangements  of  any  people.  cons:itntes  the  irreat 
bulwark  of  slavery  at  this  moment — the  only  jilank  upon  which 
the  institution  stands.  Kemove  it  and  the  institution  is  gone  — 
Point  out  the  mode  in  which  it  can  be  abolished  consistently  with 
the  peace  and  the  security  of  the  slavehohling  confmunily,  and  the 
whole  system  sinks  under  the  pressure  of  the  moral  sentiment,  the 
principles  and  the  policy  of  the  aiiC  in  which  we  live. 

Sir,  I  would  not  subject  the  people  of  the  territories  to  such  imje- 
rious  necessity.  If  they  are  lo  be  the  ulliniaie  judges  of  this  mat- 
ter, leave  them  an  election.  Do  not  impose  upon  them  an  insti- 
tution which,  however  offensive  it  may  bo  to  them,  they  may  not 
be  able  to  get  rid  of  if  they  would. 

But  the  question  recurs  as  to  the  expediency  of  the  provision  in 
the  bill.  It  seems  that  ihe  people  of  Oregon  have  established 
something  like  a  temporary  government  for  ihe  preservation  of 
peace  anil  order  until  the  legislation  of  Consress  shall  inlorpose.— 
By  these  regulations  slavery  is  prohibited,  and  this  hill,  as  it 
stands,  gives  the  sanction  of  Congress  to  that  prohibition.  The 
proposition  now  is  lo  strike  out  this  provision,  which  virtually 
give  etrect  to  the  action  of  the  people  of  Oregon.  Hon.  Senators 
have  emphatically  claimed  the  right  to  disregard  this  jirohibition 
and  plant  the  institution  of  slavery  in  the  territory,  in  despite  of 
the  aciion  of  Congress  and  the  wishes  of  that  people.  But  they 
have  altogether,  while  pressing  their  claims,  omitied  lo  enumer- 
ate the  blessini;s  that  are  to  (low  from  such  a  procedure.  The 
moral,  political  and  social  blessings  that   are    to    spring  from  tins 


institution  in,  Oregon  have  not  been  described.  We  have  not  heard 

a  syllable  with  respect  to  the  aid  that  the  people  of  Oregon  are  to 
derive  Irom  this  institution  in  their  career  of  civilization.  The 
high  and  important  influences  which  slavery  is  lo  exercise  upon 
their  prosperity  and  happiness  have  not  been  touched  upon.  This 
omission  is  certainly  remarkable.  If  we  are  called  upon  to  force 
this  insiilulion  upon  the  people  of  the  territories,  let  us  know  at 
least  some  of  the  benefits  that  are  to  grow  out  of  it. 

Sir,  there  are  ninny  reasons  why  slaverv  should  not  be  planted 
there.  The  country  is  not  adapted  to  such  an  institution.  The 
soil,  the  climate,  the  char.acter  of  ihe  resources  of  the  counliy, 
and  I  may  add,  that  of  the  population  likely  to  occupy  it,  all  for- 
bid its  introduction.  In  what  one  particular  can  the  people  of  the 
territory  be  benelitled  by  extending  this  institution  there?  But 
the  question  is,  whether  we  shnll  force  this  insiilulion  upon  them? 
Whatever  etreel  you  give  to  their  laws,  ihey  may  bo  regarded  as 
expressing  their  sentiments  and  wishes.  Are  you  prepared  ilien, 
to  impose  upon  the  people  who  are  jnst  laying  the  foundalions  of 
their  social  iabric.  an  institution  which  they  have  thus  solemnly 
repudiated.  The  honorable  Senator  from  Georgia  says  that  all 
the  people  of  the  South  desire  is  lo  be  let  alone.  All  1  ask  on 
behalf  of  the  people  of  Oregon  is,  that  they  should  be  left  free  lo 
choose  their  own  institnlions.  I  would  not  obtrude  upon  thein  aq 
institution  which  is  oirensive  to  them. 

It  is  not  my  purpose  to  go  into  a  discussion  of  the  merits  or 
dements  of  ihe  instiiutiou  of  slaxjery.  I  trust  I  indulge  no  fanati- 
cism on  the  subjci't.  I  have  no  desire  to  display  before  the  Senate 
its  sii)qKised  horrors  <t\-  to  entertain  honorable  Senators  with  the 
thoiis:ind  and  one  stories  of  its  atrocities — all  doubtless  exagger- 
ated, and  nmny  utterly  false — which  constitutes  th«  aliment  upon 
which  fanaticism  feeds.  Much  less  am  I  disposed  to  im|)ule  it  as 
reproach  to  the  people  of  the  South  that  this  institution  exists.  It 
is  an  institution  inherited  from  their  faihers — entailed  upon  them — 
and  whether  they  choose  to  retain  or  a!  andon  it — whether  it  can 
he  got  rid  of  at  all,  and  if  so.  how,  are  questions  which  I  am  wil- 
ling to  leave  to  the  people  of  the  South  themselves  as  the  persons 
most  inlerested,  and  best  qualified  lo  judge.  The  vindication  of 
the  people  of  the  South  by  the  honorable  Senator  from  Georgia, 
against  the  char^res  alluded  to  by  him,  was,  so  far  as  I  am  con- 
cerned, unnecessary,  I  am  willing  to  add  my  testimony,  that  my 
observation,  so  lar  as  it  has  gone,  though  it  has  not  been  very  ex- 
tensive, sustains  all  that  he  said  on  that  point.  I  have  found  the 
condition  of  the  slaves  infinitely  belter  than  what  I  had  supposed 
it  to  be. 

But,  sir,  I  choose  to  deal  with  this  this  subject  not  as  a  matter 
of  reproach  lo  the  people  of  the  South,  not  as  a  question  of  morals, 
but  as  a  poliiical  question,  of  Iranseendant  importance,  lo  be  de- 
termined by  our  lesislation.  In  that  point  of  view  I  regard  it, 
and  in  that  aspect  1  feel  at  liberty  lo  discuss  it.  Sir,  I  am  confi- 
dent that  I  sjieak  the  sentiments  of  three-fourths  of  the  people  of 
this  country,  and  of  a  very  great  proportion  of  the  people  of  the 
slaveholding  States,  when  I  say  that  the  institution  itself  is  an  e\il. 
and  a  curse.  When  I  say  that  it  is  an  evil  of  which  they  would 
get  rid  in  a  moment  if  they  could  do  it  with  safety,  I  believe  I 
speak  the  general  sentiment  of  the  slaveholding  Slates.  Very  few 
men  at  the  present  day  can  be  found  willing  to  defend  this  institu- 
tion, as  in  us  origin  and  inception  just  or  expedient.  Who  is  there 
atihisdav,  if  the  institution  were  not  in  existence  amongst  us, 
who  would  raise  his  voice  in  favor  of  the  introduction  of  the  fir^ 
colored  slave.  Who,  indeed,  would  not  protest  acrainst  it  not  only 
as  an  outrage  upon  humanity,  and  as  incompatible  with  the  funda- 
mental principles  of  our  institutions,  but  as  inlrodiieing  a  political 
evil  10  endure  to  all  generations,  increasing  in  magnitude  :ind  in 
danger,  the  consequences  and  the  termination  of  which  no  human 
sagacity  can  foresee.  And  yet,  with  this  sentiment  in  relation  to 
the  institution  p-rvading  our  people,  we  are  called  upon  to  extend 
it.  The  honorable  Senator  from  Ger>rgia  seems  to  be  alarmed  at 
the  idea  of  the  institution  being  pent  up  in  some  of  the  old  States. 
Why  should  it  not  be  pent  up  ?  Where  is  the  necessity  of  iuflicr- 
inij  the  institution — if  gentlemen  will  pardon  the  phrase — on  ter- 
ritories where  it  does  not  now  exist  ?  I  can  conceive  of  but  one 
eonsideifttion  which  should  excite  anxiety  in  this  jiarticular,  and 
that  is  the  accumulation  of  the  slave  population  and  the  necessity 
of  a  safety-valve  to  the  increase  of  that  population.  If  the  insti- 
tution is  limited  it  is  not  necessary  that  the  population  should  be 
pent  up.  Admitting  the  force  tit  thi-.  consideration,  the  question 
results  in  this  :  whether  that  ii  crease,  if  it  should  be  thrown  oti, 
should  be  I brown  off  upon  the  rest  of  the  world  as  freemen  or 
slaves?  Shall  they  be  sent  forth  iu  the  character  of  freemen,  to 
aid  in  the  extension  of  civilization  over  our  immense  territorial  do- 
main, or  shall  they  be  seni  as  slaves,  extending  and  perpetuating 
an  institution  acknowledged  on  all  hands  to  be  an  evil  ?  Will  you 
lot  these  men,  created  in  the  likeness  of  their  Maker,  20  forth  free'" 
— possessed  of  all  the  rights  and  advantages  which  the  God  of  ' 
nature  has  bestowed  npon  us  all — or  will  you  send  them  forth  as 
the  representatives  of  this  relic  of  a  barbarous  age,  and  the  living 
monuments  of  the  insincerity  of  vour  professions'  Sir.  I  am  op- 
posed to  this  extension  of  an  institution  which  I  hold  to  be  utterly 
at  war  with  the  opinions  and  moral  sentiment  of  the  age.  The 
sense  of  the  Christian  world,  and  I  may  aild  of  the  civilized  world, 
is  universally  against  it.  Shall  we  set  set  the  example  of  perpet- 
uating and  extending  an  institution  which  the  whole  civilized 
world,  with  the  exception  of  a  portion  of  our  own  people,  iiave 
combined  to  exterminate. 

Sir,  I  desire  to  preserve  something  like  consistency  in  our  ac- 
tion.    It  is  but  a  few  weeks  since.  In  this  chamber,  we  passed 


.800 


THE  OREGON  BILL. 


[TirURSDAT 


lesolulions  of  sympathy  with  the  people  of  France,  congratulating? 
them  upon  the  events  that  had  transpired  there.  We  liave  seen 
the  throne  demolished.  We  have  seen  aristocratic  and  hereditary 
distinctions,  sanctioned  by  time,  and  venerable  for  age,  abro^'atcd. 
We  have  seen  the  masses  rising  in  their  min;ht,  and  amid  the  throes 
of  revolution,  prostratini;  their  arbitrary,  and  as  they  deemed  them, 
tyrannical  and  oppressive  institutions,  and  proclaiming  the  doc- 
trines of  universal  liberty  and  jmlitical  equality.  A'ay,  more,  wo 
have  seen  the  shackles  stricken  from  the  African,  and  as  one  of 
the  first  fruits  of  the  revolution,  the  whole  system  of  African  slavery 
extermiated  at  a  blow — fully,  absolutely,  and  forever,  in  a'l  the 
dominion  oi  the  new  republic.  And  wo  raised  aloud  the  voice  of 
approbation  and  of  .synipathy.  Yet,  while  the  rcooUitions  are  yet 
floating  to  their  destination,  as  if  in  mockery  of  our  professions, 
our  congratulations  and  our  sympathy,  we  are  engaged  in  extend- 
ing the  same  system  of  African  slavery  over  the  immense  region 
now  subject  to  our  dominion,  and  preparing  the  way  for  lis  fur- 
ther extension  to  our  future  acquisitions.  While  we  are  congrat- 
ulating the  world  upon  the  progress  of  the  great  principles  of  hu- 
man liberly,  and  the  overthrow  of  ancient  despotisms,  shall  we  be 
called  upon  to  ))ropa!iate  a  system  of  slavery  which  reduces  our 
fellow-man  to  the  condition  of  a  brute — which  converts  a  being, 
created  originally  in  the  likeness  of  iiis  Maker,  into  an  article  of 
merchandize,  like  the  beast  of  The  stall  ?  Let  us  be  consistent. 
Let  us  prove  the  sincerity  of  our  professions  by  our  action. 

Sir,  I  have  had  occasion  heretofore  to  express  ray  alarm  at  the 
spirit  of  conquest  and  aggrandizement  which  has  infatuated  and 
debauched  the  country.  Ha]ipily,  for  the  present  at  least,  that 
spirit  has  been  quelled.  How  long  it  may  slumber — how  soon  it 
may  awake  to  covet  new  acquisitions — how  soon  it  mav  seek  to 
grasp  Canada,  or  the  West  Indies,  or  the  remainder  of  Mexico, 
time  and  the  dispensations  ot"  Providence  will  disclose.  But 
nothing,  certainly,  was  further  from  my  expectations  than  to  find 
the  Senate  of  the  United  t-tales  promulgating  the  doctrine  that  in 
our  career  of  comiuesl.  while  professing  to  extend  the  area  of  free- 
dom, we  are  in  reality  adding  to  our  possessions  only  for  the  pur- 
pose of  carrying  slavery  in  our  train,  and  planting  this  relic  of  bar- 
barism wherever  the  stars  and  stripes  may  float  in  triumph. 

Sir,  I  did  not  intend  to  detain  the  Senate  so  long.  This  contro- 
versy upon  the  subject  of  slavery  is  one  which  heretofore  I  have 
endeavored  to  avoid.  I  had  cherished  the  hope  that  what  is  called 
the  Missouri  compromise  might  have  proved  effectual,  to  some  ex- 
tent at  least,  in  the  settlement  of  this  agitating  and  troublesome 
question,  and  that  in  the  end  the  threatening  storm  which  still 
hangs  over  us  might  be  averted.  But  if  the  compromise  is  to  bo 
undermined  because  the  power  to  make  it  is  denied — if  the  genius 
of  slavery  is  to  exalt  itself  above  all  power — if  it  is  to  intrude 
upon  our  territories  without  our  leave  and  in  defiance  of  our  pro- 
hibition, a  new  issue  is  made,  more  difiieutt  than  any  heretofore 
presented.  If  gentlemen  are  satisfied  with  the  Missouri  compro- 
mise, perhaps  the  country  may  be  also  satisfied.  But  if  that  is  to 
be  overthrown,  and  nut  only  so,  but  if  we  are  to  be  told  that  we 
can  impose  no  prohibition,  prescribe  no  boundary  to  this  institution, 
the  prospect  of  the  settlement  of  this  question  is  forever  at  an  end. 
It  can  be  adjusted  and  settled  only  when  these  arrogant  and  of- 
fensive pretensions  are  withdrawn. 

Sir.  1  would  gladly  have  remained  silent  on  this  subject,  but 
after  listening  to  the  doctrines  which  have  bten  advanced  in  this 
debate,  I  am  driven  to  enter  my  solemn  protest  against  them  by 
an  imperious  sense  of  duty  to  myself  and  my  constituency. 

Mr.  MASON  obtained  the  floor  ;  and 

Ordercii,  That  the  further  consideration  of  the  bill  be  postponed 
to  Monday  next. 

yORTlrlC.\TI0N  BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  the  bill  making  approprialion  for  certain  fortifications 
of  the  United  States,  for  the  year  ejding  the  30th  June,  1849, 
with  the  amendments  reported  thereto,  and  the  reported  amend- 
ments having  been  agreed  to— 

Mr.  UNDERWOOD  moved  further  to  amend  the  bill  by  adding 
the  following  section  : 

"  Sec.  — .  And  he  it  fvrthcr  mcrled^  That  tlie  sum  of  $50,(11)0  be,  and  tlie  .same  le 
hereby,  anpropriutcd.oiu  rjfaiiy  moiipys  in  llip  tipasury  not  otbnrwi;e  approitrialed.  lo 
be  expended,  or  so  mueli  lliereuras  may  be  necessary,  under  the  direction  of  the  Seo- 
r.-tary  of  Wat.  in  llie  im|iiovenient  ol"  the  riant  at  the  bead  ol'Cninberland  Island,  in 
iSe  Ohio  liver." 

Mr.  ATHERTON  opposed  the  amendment  on  the  ground  of  its 
impropriety  in  such  a  lull  as  the  present.  It  was  very  important 
that  the  Senate  should  act  upon  the  bill  at  once. 

Mr.  BENTOX  supported  the  amendment,  lie  felt  it  his  boun- 
den  duty  to  call  the  iitlenlion  of  the  Scnalo  lo  the  subject.  They 
were  now  very  near  the  clo.se  of  the  session,  and  they  all  knew  tlitit 
great  measures  were  frequently  lost  at  such  a  )ieriod  merely  be- 
cause theic  was  not  time  to  give  them  a  few  moments  consiilera- 
tion.  The  auieudiiieut  proposed  to  remove  an  (tbslruelion  to  the 
navigation  ol  the  ()\\\o  river,  which  ailectetl  the  t'ommi'iec  td'  the 
whole  line,  and  which  had  been  occasioned  by  an  improvement 
made  in  that  river  by  the  power  of  the  federal  government.  Both 
Houses  of  Congress,  uniting  with  the  Executive  under  various  ail- 
ministrations,  had  sanctioned  that  improvement,  and  ho  held  it  to 
bo  decided  that  it  was  the  work  of  the  federal  governinent.  He 
then  described,  from  personal  observation,  the  very  serious  ob- 
struction to  navigation,  occasioned  by  the  present  condition  of  the 


dam  at  Cumberland  island  and  strongly  insisted  on  the  iramediats 
action  of  Congress,  for  the  purpose  of  repairing  the  injury,  and 
remedying  the  delays  and  dangers  arising  from  the  dilapidated 
condition  of  that  dam,  frequently  causing  great  sacrifice  of  prop- 
erty, and  sometimes  of  human  life. 

He  had  himself  been  detained  frequentlv  in  consequence  of  this 
obstruction.  On  one  occasion,  in  which  he  was  accompanied  by 
his  family,  the  passengers  were  all  obliged  to  leave  the  boat,  and 
wait  until  with  very  extraordinary  exertions  and  the  aid  of  other  boats 
they  were  enableil  to  pursue  their  journey.  He  had  in  liis  hands 
a  letter,  written  by  a  gentleman,  worthy  of  credit,  which  described 
the  serious  injuries  constantly  occurring  to  the  commerce  of  that 
river.  It  presented  the  Whole  story  in  a  mcch  more  impressive 
manner  than  could  he  done  by  any  language  of  his  own.  and  he 
therefore  begged  to  read  it  to  the  Senate. 

Washinrtun  Jcne  '28,  164P. 

Sir  :  In  compliance  with  yonr  retjue^t.  I  have  the  honor  to  submit  lo  von  a  brief 
statement  of  the  substance  of  mv  inlbrmalion  relative  to  the  condition  of  the  dam  in 
the  Ohio  river,  at  Cumberland  islands  for  the  last  two  inonlbs.  derived  principally 
from  comnuinications  received  from  individuals  entitled  lo  the  highest  cousideration. 
residing  in  tlie  neighborhood  of  tins  great  public  nuisance,  and  most  dangetoua  ob- 
struction to  the  navigation  of  tliat  impottant  liver.  The  result  of  this  infonnation  is, 
that  ever  since  the  latter  part  of  April  last,  with  occasional  intervals  of  freshets  of  short 
duration,  the  navigation  of  the  Ohio,  at  Cuinbetland  island,  by  reason  of  the  late 
breach  in  the  dam  at  that  place,  has  been  partially  and  at  limes  almost  entirely  sus- 
pended, except  for  flat  boats  and  steamers  of  small  size,  and  many  of  Ihcse  latter  have 
only  been  able  to  pass  throiiKli  the  breach  comparatively  empty,  and  at  {rreal  hazard. 
Since  the  breach  in  this  dam  was  formed,  caused  by  an  extraordinar)'  flood  in  the 
river,  many  steamers  have  been  detained  by  this  obstruction  for  near  a  week  at  a 
tine,  and  at  a  cost  of  from  five  hundred  to  one  thousaud  dollars,  and  as  higii 
as  two  thousand  doliare  each.  Captain  iShelcross,  commander  n'"  the  steamer 
Peyton.a,  a  gentleman  of  intellisence  and  irreat  moral  worth,  who  ha*  been  navi- 
gating the  Ohio  for  more  than  thirty  years,  gives  it  as  his  opinion  that  during  the 
summer  of  1647  the  dam  at  Cmnberland  island  caused  a  loss  to  owners  of  steam  and 
flat  boats  of  a  sum  largely  over  one  hundred  thousand  dollars.  And  this  gentleman 
asserted  to  me  thai  a  single  defenlion  at  this  dam  of  the  steamer  Peytona.  in  the  sum- 
mer of  ]H47,  caused  to  him  a  loss  of  over  two  thousand  dollars,  although  the  cargo 
\vas  saved.  The  enclosed  memorial  sets  fotlh  the  true  condition  of  this  public  woik 
for  two  years  past,  and  is  signed  by  more  than  ten  thousand  petitioners,  living  on  or 
near  the  Ohio,  who  are  well  acquainted  with  this  dangerous  obstruction  lo  the  com- 
merce and  navigation  of  this  great  river. 

In  low  water  there  is  no  sate  channel  for  boats  navigating  tiie  Ohio,  except  through 
this  dangerous  breach  ;  and  on  account  of  the  frightful  rapidity  of  the  i:orreut  rush- 
ing through  it.  dashing  over  the  rugged  and  pio|ecling  rocks,  it  is  often  found  ulterlv 
Impossible  lor  steamers  having  engines  of  modeiatc  power  to  stem  this  current  without 
the  aid  and  assistance  of  larger  boals,  having  grealer  power,  stationed  above  the  dam 
to  tow  them  through  by  means  of  large  cables. 

Many  flat  boats.  Ireighled  with  ponderous  cargoes,  descending  the  river,  and  at- 
tempting to  pass  through  this  dangerous  breach,  are  totally  lost,  leaving  ottentimes 
the  unfortunate  owners  wholly  baukrupt,  to  bewail  their  losses,  without  the  consola- 
tion of  knosving  that  a  single  tribunal  in  the  country  will  hear  their  humble  petition 
for  redress  against  the  power  that  created  the  nnisatice,  and  thereby  destroyed  their 
hopes  and  their  fortunes. 

I  have  the  honor  lo  be,  yonr  obedient  servant, 

P.  C.  LANDER. 

Hon.  Tiios  H.  Benton. 

The  honorable  Senator  remarked  that  he  could  corroborate  every 
word  of  the  letter,  and  coneluded  by  an  earnest  appeal  to  the  Se- 
nate, in  favor  o(  the  immediate  adoption  of  measures  for  the  remo- 
val of  this  dangerous  obstruction  to  the  navigation  o  f  the  western 
waters,  which  had  been  created  by  the  federal  government. 

Mr.  CLAYTON  had  nothing  to  say  in  opposition  to  the  views 
of  the  Senator  from  Missouri  in  relation  to  the  result  of  the  im- 
provement at  Cumberland  Island.  He  was  himself  favorable  to 
the  improvement  of  rivers  and  harbors  ;  but  this  was  a  fortifica- 
tion bill,  and  he  could  not  see  any  propriety  in  appending  to  it  the 
amendment  which  had  beon  proposed.  The  foriifications  and  de- 
fences of  the  country  had  been  signally  neglected  for  many  years 
past,  and  this  was  the  first  bill  which  had  been  proposed  for  a 
long  period  providing  for  putting  them  inio  a  proper  condition, 
and  preventing  them  from  going  to  ruin.  The  etlect  of  inserting 
the  amendment  must  be  manifest  to  all  who  heard  him.  Other 
propositions  of  a  similar  character  would  follow.  If  the  amend- 
ment were  successful,  he  should  at  once  move  a  proposition  to  im- 
prove the  iiarbors  of  hisown  Stale.  The  Senator  from  Maryland 
said  he  would  do  the  same  thing,  and  thus  they  would  have  a  har- 
bor bill  and  fortification  bill  combined  ;  leading  inevitably  to  the 
defeat  of  a  measure  in  ihe  necessity  of  which  all  agreed — the  im- 
provement and  preservalinn  of  the  foriifications  of  ihe  country. — 
All  were  aware  that  the  Execulive  would  veto  the  bill  if  it  provi- 
ded for  the  improvement  of  rivers  and  harbors.  He  made  no  ob- 
jection to  the  jiroposilion  of  the  Senator  in  itself.  He  was  a  friend 
of  internal  iniprovemenis,  and  had  voted  for  improvemenis  on  that 
very  river  ;  but  this  was  not  the  occasion  to  present  such  a  propo- 
sition, and  he  trusted  it  would  nol  receive  the  approbation  of  iho 
Senate,  unless  it  was  designed  to  defsat  the  passage  of  the  bill. 

Mr.  BELL  earnestly  hoped  that  the  amendment  would  be  added 
to  Ihe  bill.  The  dam  for  the  improvement  of  which  the  appropri- 
ation was  asked,  was  daily  preseiuing  iVesI;  and  dangerous  ob. 
structions  to  the  navigalion  of  the  Ohio  river.  It  had  been  urged 
by  the  Senator  from  Delaware,  that  the  bill  shoulil  be  appended  to 
an  internal  improvement  bill.  This  could  not  be  done  because 
they  hatl  none;  neither  eoiild  it  he  expected  that  there  would 
be  any.  It  was  then  said  put  it  to  .some  other  more  appropriate 
bill.  This  c'luld  not  be  dime  because  the  navy,  the  army,  and  the 
diplomaiic  apjitopriatioii  bills  had  all  been  jiasscil;  and  allowing 
that  ihey  had  not ,  this  was  as  appropriate  a  bill,  he  thought ,  as  ary 
to  which  it  could  be  attached.  If  it  was  not  appended  to  ihis  uili, 
it  could  not  be  allached  lo  any  other  bill  this  session:  mid  to  let 
the  bill  go  by  itself  would  be  to  have  it  laid  by  until  the  next  ses- 
sion, inasmuch  as  the  House  would  never  be  able  to  reach  it  upon 
the  calendar  belore  the  lime  for  the  regular  adjournment.  It  was 
because  it  was  absolutely  necessary  that  the  appropriation  should 


June  29.] 


THE  FORTIFICATION  BILL: 


801 


be  made  this  session,  tliat  he  had  pressed  the  attachment  of  the  bill 
to  the  approjiriation  bill  for  fortifications.  If  it  were  not  made, 
the  river  would  not  be  entirely  free  from  obstruction  until  the  next 
two  years  had  elapsed.  If  they  did  not  gee  the  appropriation  until 
the  fcominj;  winter,  they  would  have  to  wait  until  the  suc- 
eeedinp;  .summer  before  the  improvements  could  be  made;  and 
it  would  not  bo  until  the  followins  year  that  the  obstructions  would 
be  entirely  removed.  The  government  had  created  the  obstruction 
in  this  river,  and  it  ought  to  remove  it.  For  this  simple  reason 
he  could  not  think  that  the  President  would  veto  t!i,e  bill.  Gentle- 
men who  felt  an  interest  in  the  fortification  bill,  need  not  suppose 
that  it  was  in  danger  because  of  this  proposed  appendage  of  a  bill 
for  the  removal  of  an  obstruction  in  river  navigation.  Allowing 
that  the  President  should  lind  himself  under  the  necessity  of  veto- 
ing it,  they  could  by  a  suspension  of  the  rules  in  both  Houses,  pass 
the  bill  by  a  large  majority  in  twenty-four  hours  after  its  rejection 
by  him.  The  Senator  from  Delaware  had  said  that  if  this  bill  was 
to  be  appended  to  the  fortification  bill,  that  there  were  some  im- 
provements to  be  made  in  the  harbors  of  his  State,  which  be  thought 
extremely  necessary,  and  for  which  ho  should  desiro  to  bring  in  a 
bill  and  have  attached  to  the  bill  of  appropriations  for  fortifica- 
tions. He  would  ask  the  Senator  from  Delaware  to  contrast  the 
importance  of  the  improvements  he  desired  made,  and  that  con- 
templated by  the  passage  of  the  bill  before  them.  In  the  case  of 
this  obstruction  proposed  to  be  remedied,  the  commerce  and  navi- 
gation of  the  entire  West  was  threatened  with  an  almost  total  sus- 
pension. He  hoped  Senators  would  take  into  grave  consideration 
the  importance  of  the  improvements  contemplated,  and  would  at. 
tnch  the  amendment  appropriating  the  requisite  amount  for  the 
construction  of  that  improvement,  to  the  fortification  appropria- 
tion bill  then  under  consideration. 

Mr.  UNDERWOOD  wanted  to  call  the  attention  of  the  Senate 
to  what  he  considered  a  new  feature  in  the  legislation  of  the  coun- 
try. He  referred  to  the  appropriation  of  soine  forty  thousand 
dollars  asked  for  after  the  63d  line  of  the  bill,  for  the  construction 
of  a  sea  wall  up^n  an  island  which  the  government  did  not  own. 
The  bill  also  stated  on  the  face  of  the  appropriation,  that  not  a 
dollar  could  be  expended  until  the  government  had  procured  a  title 
to  the  property  upon  which  the  fortifications  were  to  bo  built.  In 
regard  to  the  amendment  then  under  discussion  which  ho  had  pro- 
posed to  the  fortification  bill,  he  would  say  that  he  regarded  it  as 
appropriate  an  opportunity  as  could  be  offered  for  doing  it  this 
session.  It  was  indispensably  necessary  that  it  be  attached  to 
some  appropriation  bill  this  session,  or  it  would  bo  laid  over  until 
the  next. 

Mr.  ATHERTON  observed  th.at  the  appropriation  alluded 
to  by  the  Senator  Irom  Kentucky  was  an  appropriation  for 
the  completion  of  fortifications  in  Boston  harbor;  and  the  sea 
■wall  proposed  to  be  built  around  the  island  was  recommended 
by  the  engineer  of  the  military  department  of  tlie  gov- 
ernment as  necessary,  in  order  to  keep  the  island  from  be- 
ing washed  away,  and  to  the  completion  of  the  defences 
for  Boston  harbor.  The  improvement  contemplated  in  this  bill 
was  in  strict  accordance  with  the  plan  for  fortifications  in  Boston 
harbor  originally  laid  out.  In  regard  to  the  amendment,  embrac- 
ing a  bill  for  appropriations  for  internal  improvement,  he  consid- 
ere<I  it  as  out  of  place  in  a  bill  for  appropriations  for  fortifieations- 
If  they  departed  from  the  principle  upon  which  the  Senate  had 
hitherto  acted  in  this  matter,  it  would  lead  to  great  confusion. — 
Each  appropriation  bill  that  would  be  presented  would  become  but 
the  omnibus  lor  the  passage  through  of  bills  of  a  totally  dissimilar 
character.  It  was  said  this  was  a  case  stii  generis — so  important 
as  to  authorize  departure  from  a  general  rule.  The  Senate  was 
called  upon  to  pass  a  bill  containing  it,  in  the  expectation  that  if 
sent  to  the  House  by  itself,  it  would  not  be  taken  up.  How  did 
tiiey  know  that  the  House  would  not  take  it  up  ?  If  it  was  of 
such  pressing  importance  it  was  not  to  be  presumed  that  the  House 
would  so  far  neglect  it^  duty  to  its  constituents  as  not  to  give  it 
the  necessary  consideration  it  was  entitled  to.  How  did  wo  know 
but  that  the  House  of  Kepresentatives  would  insert  amendments 
recommending  other  internal  improvements  when  sent  back;  and 
thus  we  would  have  a  general  system  of  internal  improvements  en- 
grafted upon  a  svstem  for  the  defence  of  the  country— for  the  con- 
struction of  fortifications.  He  woold  have  the  bill  pass  upon  its 
merits,  and  not  forced  upon  the  House  of  Representatives  by  be- 
ing appended  to  another  bill  totally  ditferent  in  its  general  nature. 
This  was  the  only  way,  be  thought,  that  our  legislation  coiUd  be 
preserved  uneorrupted. 

Mr.  JOHNSON,  of  Maryland,  asserted,  that  judging  from  the 
opinion  laid  down  by  the  President  in  his  veto  messages,  he  was 
authorized  to  say  that  this  bill,  if  it  went  to  the  President  with  the 
amendment  for  an  appropriation  for  internal  improvement  annexed 
to  it,  would  be  rejected,  and  receive  his  veto.  Inasmuch,  then,  as 
Mr.  Polk,  after  a  careful  and  thorough  examination  of  the  subject, 
was  satisfied  that  the  general  government  had  no  power  to  im- 
prove rivers  in  the  United  States,  and  had  told  us  that  we  had  no 
power  to  improve  rivers,  it  was  perfectly  idie  to  inquire  what  was 
the  cause  that  rendered  it  necess.ary  to  make  such  iraprovemcnis, 
whether  it  was  the  act  of  God  or  of  this  government.  Rivers  must 
remain  unnavigable,  because  the  President  had  said  that  this  gov. 
ernment  had  no  power  to  remove  obstructions.  This  was  the  con- 
dition of  things  in  which  this  country  had  been  placed  by  its  Chief 
Magistrate;  but  he  felt  bound  to  say,  that  if,  when  presented  to 
the  suffrages  of  the  people  in  '44,  he  had  proclaimed  his  opinions 
upon  this  subject  in  the  manner  that  he  had  in  his  veto  messages, 

30th  Cong. — 1st  Session — No.  101. 


he  would  never  have  been  vouchsafed  the  opportunity  to  defeat, 
by  his  action,  measures  of  such  public  importance  as  the  one  then 
before  them.  Many  of  those  who  had  worked  hardest  to  secure 
his  election  were  opposed  to  his  views  upon  this  subject,  and  in 
favor  of  the  bills  he  had  vetoed.  The  amendment,  as  was  evident 
on  Its  face,  was  not  congruous  to  the  fortification  bill;  and  must 
certainly  lead  to  its  rejection  by  the  President. 

Mr.  DOWNS  knew  by  practical  observation  the  necessity  of 
the  improvements  to  bo  made  by  the  passage  of  the  amendment. 
When  before  the  Senate  on  a  previous  occasion  he  had  voted  for 
the  bill.  He  thought  it  should  become  a  law,  and  that  it  was  an 
exception  to  a  general  rule.  Nevertheless,  he  was  not  in  favor  of 
forcing  legislation  upon  either  of  the  Houses  of  Congress.  Ho 
thought  that  the  House  of  Representatives  and  the  President  ol 
the  United  States  were  as  much  entitled  to  their  opinions  upon  the 
question  as  the  Senate.  He  could  not  favor  the  idea  of  forcing 
this  bill  upon  them  in  the  form  of  an  amendment  to  a  bill  of  an  en- 
tirely diflerent  character.  Supposing  that  it  was  desirable  that 
the  improvement  in  tho  navigation  of  this  river  should  be  made, 
when  the  Senate  had  passed  the  bill,  they  had  done  all  thcv  could 
to  remedy  the  evil.  The  attachment  of  the  amendment  to  the 
bin  as  proposed,  could  not  fail,  ho  thought,  to  lead  to  other  similar 
amendments  which  would  lead  to  great  confusion  and  embarrass- 
ment in  the  public  business. 

Mr.  BELL  remarked  that  ho  did  not  desire  to  force  the  bill 
either  upon  the  House  of  Representatives  or  the  President.  Ho 
had  advocated  the  attachment  of  the  amendment  to  the  fortifica- 
tion bill,  merely  on  account  of  the  peculiar  and  pressing  neeessitv 
of  the  case,  that  the  apjiropriation  should  be  made  this  session. 
He  had  not  the  least  doubt  but  that  it  could  pass  upon  its  merits, 
but  he  did  not  think  it  could  be  reached  on  the  calendar  of  the 
House  if  it  stood  alone  this  session. 

Mr.  DAVIS,  of  Mississippi,  asked  for  tho  reading  of  the  amend- 
ment. 

The  amendment  was  read  by  the  Secretary. 

Mr.  DAVIS  then  stated  that  when  the  question  was  before  tho 
Senate  previously  he  was  entirely  in  favor  of  repairing  the  dam. 
He  regarded  the  dam  as  a  nuisance,  and  he  thought  it  would  be 
cheaper  to  repair  than  to  remove  it.  But  when  it  came  before  the 
Senate  in  the  form  of  an  amendment  to  an  appropriatitm  bill,  with 
which  it  had  not  the  slightest  jiossible  connection,  he  felt  constrain- 
ed ta  vote  against  it.  He  fervently  hoped  that  if  the  bill  should 
pass  with  the  amendment,  that  one  of  the  last  and  crowning  acts 
of  tho  President's  career  would  be  a  veto  of  tho  whole  bill . 

The  question  being  taken  upon  agreeing  to  the  amendment  pro. 
posed  by  Mr.  Undeewood,  it  was  determined  in  the  negative  as 
follows :  ° 

VEAS.— Messrs.  All^n,  Bell,  Beiilon,  Briglit,  Clarlse.  Convin,  Ilaniiesan  .John- 
son, of  liOaisiana,  and  Ittiftprwond. — I). 

N.-VYS.— Messrs.  Atchison,  Atlierton.  Badger,  Benien,  Bradtinry.  Butler.  Cani<»- 
ron,  Clayton,  Davis,  ol"  Mtssi-sippi.  Dickinson.  Di\.  Downs.  Felcli,  Footo,  liale. 
Ilamlin,  Houston,  Hunter.  Jo!ni>(jn,  of  Maryland.  Johnsoa.  of  Georfria,  Mancum! 
Mason,  Niles,  Piielps,  SebasUan,  Spruao'ce,  Stur;ieon,  Tuniev,  "Uiiliara  an.i 
Yulee.— 30.  ' 

Mr.  DAVIS,  of  Mississippi,  moved  to  amend  the  bill  by  strikin"- 
out  the  following  :  " 

"Fortlie  protection  of  Great  Rrovsterisland  and  defence  ofthe  principal  sliip  chan- 
nels into  tbe  harbor  ot  Boston.  M  assaclinseus,  forty  thousand  dollars  :  Prmwai  That 
no  portion  of  said  sum  of  forty  llionsand  dollars  shall  he  expended  farlheol.jecls'aforo 
saiil  until  Ihe  United  Slates  shall  procure  a  good  and  valid  title  lo  so  much  of  Great 
Brewster  island  as   may  be  necessary  to  the  construction  of  the  proposeil  Ibrlific*- 

Mr.DAVIS.of  Mississippi,  remarked  that  he  h.id  moved  to  strike 
out  this  portion  of  the  bill  for  the  reason  that  it  was  not  rightfully 
a  part  of  the  necessary  appropriations  for  fortifications.  The  island 
proposed  to  be  fortified  was  not  the  property  of  the  United  States 
The  price  of  the  property,  too,  would  be  enhanced  by  the  very  ap- 
propriation we  were  making.  He  considered  it  premature  to 
make  any  such  appropriation.  Tho  picsent  low  condition  of  the 
treasury  also  should  bo  considered. 

Mr.  DIX  explained  the  object  of  the  appropriation,  and  srated"* 
that  there  was  a  provision  in  the  law  making  it  incumbent  upon  the 
United  States  to  acquire  a  title  to  the  island^  before  expending  any 
thing  upon  it  for  fortifications.     He  was  in  favor  of  the  retentkui  oY 
the  clause  making  the  appropriation. 

Mr.  DAVIS,  of  Massachusetts,  stated  that  tbe  recommendation 
for  the  appropriation  eamo  from  the  government  itself  For  a  few 
years  past  he  knew  from  his  own  observation,  that  the  sea  had 
made  great  inroads  upon  this  island,  some  100  or  250  feet  havlno- 
been  washed  away,  filling  up  the  ship's  cbannel  that  ran  between 
it  and  the  island  opposite  where  fortifications  were  already  built. 
Tho  sea  wall  proposed  to  be  built  would  preserve  tho  island  and 
contribute  to  the  defence  of  the  harbor.  It  was  a  portion  of  the 
original  plan  of  the  government  in  laying  ont  the  fortification  of 
that  harbor.  II  the  island  was  swept  away,  the  Senator  from 
Mississippi — being  a  military  man— could  readilv  perceive  that  it 
would  greatly  deteoriate  from  the  strength  of  the  fortifications; 
and  obstruct  the  ship   channel  running  between  the  two  islands. 

Mr.  DAVIS,  of  Mississippi,  agreed  with  the  gentleman  from 

Massachusetts  that  the  fortification  and  improvement  .--uggested 
were  necessary,  but  thought  that  the  United  States  had  belter  wait 
until  it  had  obtained  posssession  of  the  island;  and  then  they  could 
make  an  appropriation  to  protect  their  own  property. 


802 


THE  FORTIFICATION  BILL. 


[Thursday, 


Mr.  DAVIS,  of  Ma^sacbusetts.  thou;;ht  that  the  Senator  from 
Mississippi  did  not  make  a  proper  discrimination,  or  had  not  no- 
ticed that  the  improvements  contemplated  were  a  part  of  the  ori- 
ginal plan  for  the  defence  of  the  harbor.  He  did  not  think  that 
the  title  alluded  to  could  be  made  a  question  of  ranoh  controversy, 
inasmuch  as  the  United  States  were  not  to  expend  a  cent  upon 
liie  island  until  they  had  secursd  the  title  to  it. 

Mr.  ATHERTON  briefly  supported  the  retention  of  the  ap- 
propriation in  the  bill. 

The  question  beins;  taken  upon  asreeing  to  the  amendment  pro- 
posed by  Mr.  Davis,  of  Mi.ssissippi,  it  was  determined  in  the  neg- 
ative as  fiiUows  : 

YEAS.— Messrs.  Allfn,  A'c-liisoii,  Bcnion,  Brijiit.  Biitlcr,  Davis,  of  Mississi  ipi, 
Pickinf-on,  Downs,  Felcti,  Foote,  Hannegau.  Houston,  Jolinsoii,  of  Georgia, 
Miisoti.  Sebastian.  Ttiiiiey.  Yiilee. — 17. 

NAYf^.— Mes>r;.  Atlierloa,  Badger,  Cell,  Bradliory,  Cameron,  Clarke,  Clayton, 
Corwin,  Davis,  ol^  .Sla^sacluisetls.  Dix,  Greene.  Hale,  llamlin,  H'lnter,  .lohnson,  of 
Mar^-land,  Jol.nson,  of  Louisiana,  Niles,  Plielps,  Spruance,  Sturgeon,  Underwood. 
Upliiim. — '~2. 

Mr.  JOHNSON,  of  Louisiana,  submitted  the  following  amend- 
ment : 

"  For  the  eominencement  of  a  Ibrtification  proposed  to  be  constructed  at  Proctor's 
Landing  on  Lake   Borgne,  Louisiana,  S*tl,(H)0.'' 


Mr.  JOHNSON  explained  the  necessity  of  a  fortification  at 
Proctor's  Landinji,  and  stated  that  Colonel  Totten,  who  is  at  the 
head  of  the  engineer  corps,  had  recommended  an  appropriation  lor 
the  purpose. 

The  question  being  taken  upon  agreeing  to  the  amendment  of 
Mr.  Johnson,  it  was  determined  in  the  negative. 

No  other  amendment  being  made,  the  bill  was  reported  to  the 
Senate,  and  the  amendments  concurred  in. 

Ordered,  That  the  atnendment  be  engrossed,  and  the  bill  read 
a  third  time. 

The  said  bill  was  read  a  third  time  as  amended. 
Hcsolvid,  Tliattliis  bdl  pass,  with  amendments. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

EXECUTIVE    SESSION. 

After  the  consideration  of  Executive  business. 


On  motion. 
The  Senate  adjourned. 


JVNE    30.] 


PETITIONS— PRIVATE  BILLS,  ETC. 


803 


FRIDAY,  JUNE  30,  1848. 


THE  VICE  PRESIDENT. 

The  Honorable  George  M.  Dallas,  Vice  President  of  the 
United  States,  and  President  of  the  Senate,  resumed  the  chair. 

MEMORIALS. 

Mr.  DAYTON  presented  the  memorial  of  the  Medical  Society 
of  New  Jerse)',  prayinp  the  enactment  of  a  law  to  prevent  the  im- 
portation of  adulterated  and  spurious  drugs  and  medicines. 

Ordered,  That  it  lie  on  the  table  and  be  prmted. 

Mr.  WALKER  presented  a  petition  of  citizens  of  Wisconsin, 
remonstrating  against  the  appropriation  of  any  jioriion  of  tiio  pub- 
lic lands  for  the  construction  of  a  rail  road  fiom  lake  Michigan  to 
the  Pacilic  ocean;  which  was  referred  to  the  Select  Committee  on 
the  subject. 

POST  ROtJTE  IN  FLORIDA. 

Mr.  YULEE  submitted  the  following  resolution  for  considera- 
tion: 

Resolved,  Tliat  Ilie  Committee  on  the  Post  Office  and  Post  Roath  inquire  into  the 
expeiiiencv  of  establishiup  a  post  route  from  Nevvmansvjjle  lo  Oraufje  iSjiriug.,  via 
Maduonborougli,  in  Florida. 

FORTIPICATION  AT  PROCTOr's  LANDING. 

Mr.  JOHNSON,  of  Louisiana,  submitted  the  following  resolu- 
tion; which  was  considered  by  unanimous  consent  and  agreed  to: 

Resolved,  That  tlie  Secretary  of  War  report  to  the  Senate  wjiether  or  not  a  forlifi- 
eatiori  at  Proctor's  Landing  on  lalle  Borgne,  Louisiana,  it,  necessary  for  the  defence  of 
New  Orleans,  and  if  necessary,  wliat  sum  is  required  to  commence  the  work. 

ROUTE  TO  CALIFORNIA. 

Mr.  DAVIS,  of  Mississippi,  submitted  the  followins  motion; 
which  was  considered  by  unanimous  consent,  and  agreed  to: 

Ordered,  That  ten  thousand  additional  cojties  of  the  report  of 
the  Secretary  of  War,  and  the  report  of  Lieutenant  Emory,  com- 
municated therewith,  be  printed  for  the  use  of  the  Senate,  and 
that  the  said  copies,  as  well  as  those  already  printed,  be  bound  in 
muslin. 

PRIVATE  BILLS. 

Mr.  UNDERWOOD,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  petition  of  Thomas  W.  Chinii,  and  others,  sub- 
mitted a  report,  accompanied  by  a  bill  for  their  relief. 

The  bill  was  read  and  passed  to  the  second  readin". 

Ordered,  That  the  report  be  printed. 

Mr.  CLARKE,  from  the  Committee  on  Roads  and  Canals,  to 
whom  was  referred  the  memorial  of  the  repiesentatives  of  Moses 
Shepherd,  submitted  a  report  accompanied  by  a  bill  to  enable  the 
proper  officers  of  the  treasury  to  settle  the  accounts  of  the  le<'al 
representatives  of  Moses  Shepherd,  deceased. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

CARRYING    THE    M.ML    IN    STEAMERS. 

Mr.  WESTCOTT,  by  unanimous  consent,  asked  and  obtained 
leave  to  bring  in  a  bill  respecting  the  employment  by  the  Post- 
master General  of  public  steamers  to  convey  the  mail  along  the 
coast  of  the  United  Slates;  which  was  read  the  first  and  second 
times  by  unanimous  consent,  and  referred  to  the  Committee  on  the 
Post  Office  and  Post  Roads. 

MESSAGE    FROM    THE    HOtJSE. 

I         The  following  Message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  clerk  :  ^ 
Mr.  Pre?ident :  The  House  of  Representatives  have  passed  the  following  bill  and 
joint  resolution  from  the  Senate  ; 

Resolution  in  relation  to  the  nav.il  pension  to  John  McGarr. 

A  bill  supptcmental  to  the  act  passed  on  theOtli  day  of  July,  1R4G,  entitled  an  act 
to  relrocede  the  county  of  Alexandria  in  the  District  of  Columbia,  to  Uie  Stale  of 
Virginia. 

The  House  of  Representatives  concur  in  the  resolution  passed  by  the  Senate,  that 
the  porlrait  of  Alajor  General,  the  Baron  de  Kalb,  presented  by  his  family,  be  placed 
in  tbe  Library  of  Congress. 

The  President  of  the  United  States  approved  and  signed,  the  37th  instant,  the  bill  to 
amend  the  act  for  tlie  trans{)ortation  of  the  mail  beiween  the  United  States  and  foreign 
coantries,  and  for  tether  purposes;  and  the  2Slh  instant  the  following  acts  : 

An  act  concerning  the  taking  of  official  oaths  in  the  District  of  Columbia. 

An  act  to  authorize  the  issuing  of  a  register  to  the  schooner  "  James." 


An;ict  to  change  the  name  of  lliL*  steamboat  Charles  Downing  to  the  Calhono. 

An  act  for  the  relief  of  Edna  Hickman,  wifeof  Aleiandw  Peck. 

An  act  for  the  relief  of  William  R.-dstun. 

An  act  for  the  relief  of  Russell  Goss. 

An  act  for  the  relief  of  Barclay  and  Livingston,  and  Smith,  Thargar,  and  Company. 

An  act  for  the  relief  of  Thomas  Scott,  register  of  the  Lanil  Onice  at  Ciiilicothe, 
Ohio,  for  services  tendered  connected  with  the  duties  of  his  otfice. 

HOUSE    BILLS    REFERRED. 

The  bill  from  the  House  of  Representatives  to  change  the  time 
for  holding  the  district  courts  of  the  United  States  in  the  western 
district  of  Virginia,  and  for  other  purposes,  was  read  the  first  and 
second  times  by  unanimous  consent,  and  referred  to  the  Committee 
on  the  Judiciary. 

The  bill  from  the  House  of  Representatives  to  incorporate  the 
Washington  Gas  Light  Company  was  read  the  first  and  second 
times  by  unanimous  consent,  and  referred  to  the  Committee  on  the 
District  of  Columbia. 

VIRGINIA   MILITARY  LAND  WARRANTS. 

The  Senate  resumed  the  consideration  of  the  bill  further  to  ex- 
tend the  time  for  locating  Virginia  military  lanil  warrants,  and 
returning  surveys  thereon  to  the  General  land  Office ;  and  no 
amendment  being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Resolved,  That  this  bill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Uepresenta- 
lives  accordingly. 

REPEAL  OF   THE  PILOT  LAWS. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  consi- 
deration of  the  bill  to  repeal  the  act  of  the  2d  March,  1837.  enti- 
tled "An  act  concerning  pilots." 

Mr.  DIX.— Mr.  President  :  On  a  former  occasion  I  said  to  the 
Senate  all  I  desire  to  say  in  relation  to  the  legal  questions  involv- 
ed in  this  bill.  I  shall  not,  therefore,  repeat  what  I  said  then,  or 
enter  into  any  new  assignment  or  discussion  of  objections  arising 
out  of  the  powers  of  Congress  over  the  subject  ol  regulating  pH 
lotage  in  the  States.  But  I  am  constrained  by  the  rernarks  w^hioh 
were  made  by  the  Senator  from  Massachusetts,  [Mr.  Davis,] 
and  the  Senator  from  New  Jersey,  [Mr.  Miller, J  to  enter  into 
a  somewhat  detailed  history  of  the  pilot  question  in  New  York. 
I  regret  that  I  am  compelled  to  do  so,  because  it  has  become,  in 
some  degree,  a  dissention  between  classes,  involvii  g  private  in- 
terests ;  and  these  are  always  subjects  which  I  wish  to  avoid, 
when  I  can  do  so  consistently  with  my  duly  to  the  public. 

I  have  stated  heretofore  that  the  pilots  of  New  York,  in  1836, 
had  entered  into  an  agreement  to  share  equally  their  joint  receipts, 
and  that  this  combination  had  led  to  a  relaxation  of  their  accus- 
tomed vigilance  in  looking  out  for  vessels  anil  taking  them  into 
port.  In  consequence  of  some  disasters  which  occurred,  the  pub- 
lie  attention  was  called  to  the  defects  of  the  system  of  pilotage 
existing  in  New  York.  In  the  annual  message  of  the  Governor 
of  the  State,  on  the  3d  Jan.  1837,  he  brought  the  subject  before 
the  Legislature.  On  the  following  day  select  committees  were 
appointed  in  both  branches.  On  the  lithof  Februarv,  a  bill  was 
reported  by  the  chairman  of  the  select  committee  in'lhe  house  of 
assembly  ;  and  after  a  very  thorough  discussion  in  committee  of 
the  whole,  the  hill  was  reported  to 'the  house  by  a  vote  of  91  to  7, 
on  the  8th  of  March.  It  was  subsequently  read  a  third  time  and 
passed  by  a  vote  of  85  to  5.  In  the  Senate  the  bill  was  received 
on  the  14ih  of  March,  rei'erred  to  the  select  committee  of  that  body, 
and  reported  with  amendments  which  were  concurred  in  ;  but  in 
consequence  of  the  pressure  of  important  busines,  it  was  not  pass- 
ed uniil  the  6th  of  April  I  state  these  facts  'o  show  the  delibe- 
ration with  which  the  Legislature,of  the  State  of  New  York  acted 
on  this  important  question.  The  number  of  pilots  was  increased, 
a  careful  system  of  examination  was  established,  combinations 
were  guarded  against,  and  all  the  known  and  alledged  evils  of  the 
system  were  provided  for  by  appropriate  remedies,  or  remedies  at 
least  which  were  considered  appropriate  and  effectual. 

Tbe  Senator  from  Massachusetts,  [Mr.  Davis.]  in  his  remarks 
seemed  to  assume  that  the  New  York  pilots  of  1848  are  answera- 
ble for  the  acts  of  those  of  1835  and  1836.  and  the  Senator  from 
New  Jersey,  [Mr.  Miller,]  who  followed  him,  made  some  allu- 
sion to  them  which  appears  to  warrant  the  same  inference.  But 
it  those  gentlemen  will  consider  how  rapidly  the  lapse  of  years  is 
thinning  the  ranks  of  their  own  friends  and  associates,  they  will 
not  be  surprised  to  learn  that  the  great  enemy  has  been  busy  with 
the  pilots  also.    Of  the  sixty  pilots  foUowing'ihe  business  in  1837, 


804 


THE  PILOT  LAWS. 


[Frid^ 


there  are  but  twenty-nine  now  engaged  in  piloting.  More  than  half 
have  perished  at  sea,  died  on  shore,  or  hefome  disqualified  by  age 
for  the  arduous  service  in  which  they  were  engaged.  The  num- 
ber of  New  York  pilots  holding  branches  unJer  the  laws  of  the 
Stale,  is  eighty  ;  and  of  these  fifty  one  have  been  appointed  since 
tbe  State  law  of  1837  was  passed.  Whatever  responsibility, 
therefore,  belongs  to  the  pilots  of  1836  has.  for  the  most  part, 
gone  wiih  them  to  be  met  at  a  higher  tribunal  than  this.  I  state 
these  facts  that  the  Senate  may  understand  why  ii  will  be  proper 
to  deal  with  systems  and  not  with  men. 

The  haste  manifested  in  passing  the  act  of  Congress  of  1837, 
of  which  we  ask  for  the  repeal,  stands  in  strong  contrast  \yith  the 
legislation  of  New  York.  Let  me  recite  the  facts  as  briefly  as 
possible. 

By  the  Senate  journal  of  1836-7,  it  will  be  seen  that  a  resolu- 
tion was  introduced  on  the  12ih  of  January,  liy  Mr.  Tallmadge  of 
JMew  York,  instructing  the  Committee  on  Commerce  to  mquire 
into  the  expediency  of  legislating  on  the  subject  of  pilots  on  the 
sea  coast,  with  power  to  report  by  bill  or  otherwise.  This  reso- 
lution was  adopted;  the  Committee  on  Commerce  consisted  of  the 
following  distinguished  gentlemen  :  Mr.  King  of  Alabama,  chair- 
man, Mr.  Davis,  of  Massachusetts,  Mr.  Linn,  of  Missouri,  Mr. 
Brown,  of  North  Carolina,  and  Mr.  Ruagles,  of  Maine.  The 
coramittee,  though  they  had  ample  time  for  deliberation,  never 
made  a  report  on  the  resolution. 

On  the  2Sth  day  of  February,  the  last  day  of  the  month.  Mr. 
Wall,  of  New  Jersey,  introduced  a  bill  on  notice.  It  was  instantly 
read  the  first  and  second  time,  reported  to  the  Senate,  and  inuue- 
Jiatcly  read  a  third  time — the  work  probably  of  as  much  time  us  I 
take  to  give  the  details. 

But,  sir.  it  is  necessary  that  we  should  accompany  the  bill 
through  all  the  stages  of  its  course.  It  was  received  in  the  House 
on  the  28th  of  February,  the  day  it  passed  the  Senate,  (House 
journal,  page  552,)  and  on  the  next  day  received  its  proper  num- 
ber of  readings  and  passed.  On  the  2d  of  March,  it  received  the 
President's  signature,  and  became  the  law  of  the  land. 

Nor  is  this  all.  The  subject  had  been  referred  to  a  committee 
in  the  House  early  in  that  session.  The  committee  made  an 
elaborate  report  on  the  22d  of  February,  and  asked  to  be  dis- 
charged from  the  further  consideration  of  the  subject.  In  the  face 
of  this  proceeding  tbe  bill  was  passed,  and  in  the  summary  way  I 
have  stated. 

It  is  as  remarkable  a  specimen  of  the  dispatch  of  business — busi- 
ness involviuii  a  question  of  constitutional  power,  and  bringing  in 
its  train  collisions  between  individuals,  and  classes,  and  States — 
as  can  bo  met  with.  It  was  hurried,  or  rather  rushed ,  through 
Congress,  almost  at  the  last  hour  of  its  session;  indeed,  almost  at 
the  last  hour  of  its  existence. 

I  have  heretofore  told  tbe  Senate  that  the  Legislature  of  New 
York,  after  becoming  satisfied  that  the  act  of  Congress  operated 
injuriously  on  the  pilots  of  that  State,  and  after  waiting  eight 
years  for  its  repeal,  came  to  the  conclusion  to  repeal  her  own  laws 
regulating  pilotage  by  way  of  Sandy  Hook,  the  great  outlet  and 
inlet  for  the  foreign  commerce  of  the  country,  providing  only  that 
the  pilots  then  licensed  should  continue  to  be  pilots.  It  has  been 
alleged  tliat  the  New  York  pilots  were  ajiplicants  to  the  Legisla- 
ture for  the  repeal.  This  is  a  mistake.  They  appealed  to  the  Le- 
gislature of  the  State  to •■  ,1    V      ,    ■,    |: 

■■  Try  and  (lelerminp  whpthpr  the  aforesaid  act  of  Con^jress  does  or  does  not  tinn- 
Bcend  tlielegisl.itive  power  of  the  federal  governiiH-iit,  and  M'lietlier  the  acts  exeicised 
under  its  sanction  and  under  tlie  anllionty  of  the  laws  of  the  State  of  New  Jersey  by 
the  citizens  of  tlial  State,  are  or  are  not  in  violation  of  the  soveieignty  of  the  Slate  of 
New  York,  and  in  contempt  of  her  laws."' 

It  is  true,  they  acquiesced  in  the  repeal  of  tbe  State  laws,  and 
desired  it  as  an  alternative,  if  they  could  not  procure  the  repeal  of 
the  act  of  Congress.  The  latter  object  was  always  what  they 
sought.  Failing  in  it,  they  consented  to  the  repeal  of  tbe  SttUe 
laws— a  measure  proposed  by  the  mercantile  interest.  The  pilots 
believed  it  would  place  them  on  an  equal  footing  with  the  pilots  of 
New  Jersey.  It  was  under  this  view  of  the  subject,  that  the  New 
York  pilots,  on  consultation  with  the  mercantile  interest,  the 
Chamber  of  Commerce  and  Board  of  Underwriters  consented  to  it. 
Such  appears  to  he  the  fact  from  the  petition  to  the  loaislature, 
and  the  debate  on  the  bill.  It  was  supposed  that  it  would  open  a 
fair  field  of  competition  to  them  and  the  i\ew  Jersey  pilots,  and 
that  their  fitness  and  industry  would  be  the  measure  of  their 
success. 

As  soon,  however,  as  the  Slate  laws  were  repealed,  the  Cham- 
ber of  Commerce  and  the  Board  of  Underwriters  organized  a  board 
of  commifsioners  to  examine  pilots  and  give  them  ccrt'ticatcs. 
Nor  was  this  all.  They  iiiiblished  a  notice,  which  I  will  read, 
calling  on  the  ship  masters  not  to  receive  a  pilot  unless  ho  could 
produce  a  certificate  from  them  or  the  State  of  New  Jersey. 

**Itis  recomincniled  tliat  no  vessel  receive  a  person  as  pilot  except  on  his  producing 
a  ccrtilicati'  sijineil  l)v  tlie  above  lioard,  or  those  issuol  uu*ier  tlie  anllionty  of  the 
@tate  of  New  Jemey.'' 

This  measure  was  a  virtual  proscription  of  the  New  Y'orU  pi- 
lots, unless  they  would  consent  to  receive  the  certilicatcs  of  this 
irresponsible  board,  and  acknowledge  its  authority.  It  was  not  to 
bo  supposed  that  they  would  discredit  the  licenses  they  held  under 
the  laws  of  the  State  by  receiving  the  certificates  of  a  board  or- 
ganized without  any  legal  authority  whatever — certificates,  which 
could  confer  no  aulbority  on  those  to  whom  they  were  given. — 
Was  it  reasonable  to  expect  them  to  do  so  ?  Certainly  not.  They 
possessed  in  the  State  licenses  iho  highest  wattauta  of  authority. 


They  required  nothing  more  :  they  should  not  have  been  asked  to 
take  less. 

Though  the  Chamber  of  Commerce  and  the  Board  of  Underwri- 
ters have  no  legal  control  over  the  subject  of  pilotage,  their  actu- 
al control  is  very  great.  They  represent  and  indeed  wield  the 
commercial  influence  of  the  City  of  New  Y'ork.  The  ship  mas- 
ters are  subject,  in  a  great  degree,  to  that  influence,  and  hence 
therecnmmendation  had  in  many  cases  the  efficacy  of  a  command. 
It  was  literally  warning  the  public  against  employing  the  New 
Y'ork  pilots,  though  trained  from  their  youth  to  their  vocation,  un- 
less they,  holding  the  State  authority  in  their  bands,  would  consent 
to  receive  certiheates  from  an  irresponsible  board  having  no  legal 
power  to  grant  them.  What  was  the  effect  ?  Was  it  to  break  up  u 
monopoly— the  great  evil  of  which  the  public  complained  ?  The 
New  York  pilots  were  82  in  number  ;  the  New  Jersey  pilots  17  ; 
and  the  merchants'  board  as  it  is  called,  soon  after  these  regulations 
were  published,  granted  certificates  to  16  persons.  If  the  recom- 
mendation had  been  acted  on,  the  whole  pilotage  of  the  city  would 
have  been  given  to  33  persons,  .and  82  persons  would  have  been 
excluded  from  all  participation  in  it.  But  it  was  not  generally 
acted  on.  With  all  the  weight  it  carried  with  it,  the  New  York 
pilots  continued  to  be,  and  are  still  extensively  employed,  tiiough, 
as  I  shall  show,  tliey  have  felt  severely  the  effect  of  the  invidious 
distinction,  which  has  been  made  between  them  and  others. 

I  will  now  proceed  to  state  in  detail  the  consequences,  which 
have  resulted  from  the  act  of  Consress  ;  for  it  is  to  this  act  that 
all  the  ditlieulty  which  exists,  is  to  be  traced. 

1.  There  has  not  been  a  fair  competition.  The  ship-owners,  who 
represent  a  considerable  portion  of  the  active  commercial  capital 
of  the  city,  have  contributed  to  make  it  unequal.  In  the  first 
place,  the  regulation  I  have  quoted  has  had  its  influence.  The 
New  York  pilots  are  passed  by,  and  the  New  Jersey  and  mer- 
chants pilots  as  they  are  called,  are  employed  in  preference — not 
because  the  latter  are  more  competent,  but  because  they  are  con- 
.sidered  as  prefered  by  the  mercantile  classes,  on  whom  the  ship 
masters  are  often  dependent  for  employment.  The  injustice  of 
the  regulation  is  more  distinctly  seen  in  a  practice,  which  has 
grown  Uji  under  it,  and  become  very  extensive,  of  taking  a  vessel 
brought  in  by  a  New  York  pilot  out  of  his  hands,  and  giving  her 
to  a  New  Jersey  or  merchants'  pilot  to  take  out. 

It  may  be  proper  to  say  that  in  every  State,  of  which  I  have 
been  able  to  examine  the  laws,  and  in  which  those  laws  are  passed 
with  a  view  to  equality,  a  pilit  bringing  in  a  vessel,  or  a  pilot  be- 
longing to  the  same  boat,  has  the  privilege  of  taking  the  vessel 
out.  The  reason  is  obvious.  The  inward  pilotage  is  often  hazard- 
ous and  laborious.  Vessels  are  sometimes  boarded  two  hundred 
miles  at  .sea.  Pilots  are  often  out  a  week  or  ten  days  in  pursuit 
of  them.  They  are  to  be  brought  into  port  in  all  weathers.  But 
the  outward  pilotage  is  alvvavs  easy.  Vessels  go  to  sea  in  fair 
weather  only.  The  iiilot  takes  his  charge  a  few  miles  from  shore 
and  leaves  her.  Thereisno labor,  no  hazard, and  but  little  respon- 
sibility in  it.  Nothing  can  be  more  unjust,  more  repugnant  to 
every  principle  of  lairness  and  liberality,  than  to  take  from  a  pilot 
a  vessel  he  has  brought  in,  and  give  her  to  another  to  take  out. 
It  is  in  fact  onlv  by  laking  a  vessel  out,  that  a  pilot  can  be  com- 
pensated lor  the  labor  of  bringinii  her  in.  Accordingly,  this  priv- 
ilege is  usually  secured  by  law.  The  laws  of  Massachusetts  for  in- 
stance, provide  that  the  pilot  who  brought  in  a  vessel  (or  one  be- 
longing to  the  same  botvt)  is  entitled  to  take  her  out.  In  like 
manner  the  laws  of  South  Carolina  provide,  that  "  every  pilot 
taking  a  vessel  in  has  the  exclusive  right  to  take  her  out,"  except 
in  case  of  misbehaviour.  &c. 

Let  us  see  what  has  been  the  operation  of  the  system  in  New 
Y'ork  since  the  .act  of  Congress  passed.  That  act  authorizes  a  pilot 
from  New  York  or  New  Jersey  to  be  employed  to  pilot  a  vessel 
to  or  from  New  York.  It  leaves  it  optional  with  the  master  of  a 
vessel  to  employ  the  same  pilot,  who  brought  in  a  vessel,  to  take 
her  out,  or  to  employ  another  pilot;  and  here  the  regulation  of  the 
Chamber  of  Commerce  and  the  Board  of  Underwriters  comes  in, re- 
commending him  to  employ  no  pilot  not  certified  by  their  board  or 
licensed  bv  New  Jersey,  excluding  the  eighty  New  York  pilots. 
The  consequence  may  be  readily  .seen.  I  hold  in  my  hand  several 
lists  of  vessels  brought  in  by  New  York  pilots  and  given  to  New 
Jersey  or  merchants'  pilots  to  take  out  again.  The  names  of  the 
vessels  are  given  as  well  as  the  time  of  the  transactions.  There 
is  also  a  list  of  vessels  taken  out  by  the  merchants'  pilots,  which 
they  dill  not  bring  in.  This  list  is  furnished  by  the  secretary 
of  the  board  of  commissicners,  and  is  under  bis  own  band. 
The  pilotage  on  these  vessels  amounted  to  $3038,53,  and  must  have 
I'cen  taken  from  the  New  York  pilols.  There  are  in  additicm,  lists 
of  14S  vessels  taken  from  the  New  York  pilots  during  a  portion  of 
the  years  1846,  and  1847,  and  given  to  other  pilois  to  take  out 
agaui.  Even  these  lists  are  not  complete.  There  were  numerous 
cases  which  were  omitted  for  want  of  precise  information.  The 
average  pilot  fees  for  each  vessel  are  estimated  at  $25.  They  are  pro- 
bably a  little  more — certainly  not  less.  At  this  rate,  the  amount 
taken  from  the  New  Y'ork  pilots  on  the  vessels  above  mentioned, 
and  by  violating  a  rule  of  universal  justice,  is  $6,688. 

Those  facts  are  proved  by  unquestionable  evidence.  In  the  year 
1844,  before  the  merchants'  pilols  were  appointed,  it  appears  by 
a  "remonstrance  o(  the  underwriters  of  the  port  of  New  York," 
Doe.  No.  60,  House  of  Representatives,  1st  session,  29th  Con- 
gress, that  the  New  Y'ork  pilols  brought  in  1992  vessels,  and  took 
out  1610 — a  dillerence  of  382,  the  pilotage  on  which  must  have 
amounted  to  $i),6a0.  By  the  same  return  iC  appears  that  the  New 
Y'ork  pilots,  81  iu  miraber,  piloted  in  and  out  3^602  vessels,  or  44 


June  30  .J 


THE  PILOT  LAWS. 


SOS 


vessels  each  pilot,  giving;  them,  at  $25  per  vessel,  $1,112  50  each, 
to  pay  the  expenses  of  their  boats  and  maintain  iheir  families  on 
shore.  It  also  appears  that  the  New  Jersey  pilots,  17  in  number, 
piloted  in  and  out  1,131  vessels,  crivinij  them  at  $25  per  vessel, 
$l,t)63  23  each,  or  $550  73  each  more  than  the  New  York  pilots. 
A  very  considerable  portion  of  this  dill'erence  is  owing  to  the  open 
manner  in  which  the  New  York  pilots  have  been  discouraged  by 
the  board  of  commissioners. 

I  have  staled  these  facts,  Mr.  President,  in  justice  to  the  New 
York  pilots,  who  have  been  charged  by  the  Senator  from  Massachu- 
setts. [Mr.  Davis,]  and  the  Senator  from  New  Jersey,  [Mr.  M'l-- 
LER.]  with  sinister  motives  in  coming  to  Congress  to  ask  for  a  re- 
peal ofthe  act  oT2d  March,  1837.  I  have  lelt  it  due  to  them  to 
show  that  they  are  laboring  under  a  serious  disability,  and  are 
the  oljjects  of  a  most  invidious  distinction  under  the  operation  of 
this  act. 

But  I  proeeed  to  other  considerations: 

2.  One  of  the  great  complaints  asainst  the  system  in  force  pre- 
vious to  1837,  was  that  pilots  would  not  go  to  sea  m  search  of 
vessels,  but  waited  at  Sandy  Hook  to  receive  them.  This  evil  ha.s 
been  remedied;  but  it  has  been  followed  boib  by  inconveniences 
and  injustice,  which,  perhaps,  fully  counterbalaneo.it.  I  will  first 
state  the  inconvenience.  Pilots  now  go  far  out  to  sea  i,n  quest  of 
vessels.  It  is  not  an  unconiuion  thing  for  a  pilot  to  present  him- 
self 200  miles  from  New  York.  Now.  there  is  no  particular  ad- 
vantage in  this.  It  may  be  salely  said  that  no  vessel  requires  or 
wishes  a  pilot  at  a  greater  distance  than  20  or  25  miles  from  San- 
dy Hook.  If  a  pilot  gets  on  board  a  vessel  one  or  two  hundred 
miles  from  New  York,  he  does  not  take  charge  of  her.  She  is  or- 
dinarily given  to  him  when  she  comes  in  sight  of  land.  It  is  not 
every  pilot  who  is  c:ip,ible  of  taking  charge  of  a  vessel  out  of  sight 
of  land  and  carrying  her  into  port.  The  consequence  of  the  pre- 
sent over-active  competition  is  that  the  pilot  boats  no  to  sea,  ves- 
sels constantly  pass  them,  and  on  reaching  Sandy  Hook  they  find 
no  pilots.  At  the  very  place  where  they  are  most  wanted  they 
are  often  not  to  be  found.  I  shall  refer  to  an  honorable  Senator 
from  Maryland,  [Mr.  Johnson'.]  to  know  whether,  on  arriving  at 
Sandy  Hook  in  the  Great  V^Testern,  that  vessel  was  not  detained 
because  no  pilot  could  be  found.  I  will  read  some  notes  from 
the  log-book  ofthe  United  States'  light-ship  off' Sandy  Hook,show- 
ing  that  it  is  a  very  common  oecurrence  for  vessels  to  arrive  there 
and  be  detained  for  want  of  pilots.  There  are  over  70  cases  on 
the  abstract  of  the  log-book,  which  I  hold  in  my  hand;  and  in  addi- 
tion, the  captain  of  the  ship  states  on  one  occasion  that  there  was 
"  a  large  number  of  vessels  in  sight  wanting  pilots;"  on  another 
that  "  several  vessels  near  us  want  pilots;''  and  that  there  were 
many  other  cases  which  he  saw  himself,  and  of  which  no  entry  was 
made  in  the  log-book.  While,  therefore,  the  active  competition 
in  piloting  has  corrected  one  evil,  it  iias  produced  another. 

And  now,  sir,  I  will  state  the  injustice  of  the  system.  Under 
the  laws  of  New  York  and  New  Jersey,  and  I  believe  under  the 
laws  of  most  other  States,  if  a  pilot  hoards  a  vessel  beyond  a  cer- 
tain distance  from  the  land,  he  is  entitled  to  25  per  cent,  in  addi- 
tion to  his  established  fees.  In  New  York  this  distance  is  some 
15  miles  outside  ofthe  Sandy  Hook  light.  This  is  called  ofT-shore 
pilotage,  and  was  iiiicnded  as  a  compensation  for  the  extra  labor 
and  inconvenience  of  the  pilot.  When  there  was  a  legally  estab- 
lished system,  it  could  be  exacted.  Now  it  cannot,  and  ship-own- 
ers and  masters  knowing  this,  refuse  to  pay  it.  This  remark  is 
not  of  universal  application,  but  the  practice  is  becoming  very  gen- 
eral. It  is  believed  that  fou'.-fifths  ofthe  vessels  refuse  to  pay  the 
ofT-shoro  pilotage.  They  are  willing  the  pilot  should  go  100  or  200 
miles  to  sea;  but  they  are  unwilling  to  pay  him  the  customary  ad- 
dition to  his  fees.  If  he  presents  himself,  the  first  question  is, 
"  do  you  charge  od-shore  pilotage  ?"  And  if  he  refuses  to  give  it 
up,  the  ship  refuses  to  t:tke  him.  Or  if  no  bargain  is  made  with 
hira,  he  is  required  to  deduct  it  when  the  vessel  goee  out,  or  she 
is  given  to  another  person.  Under  such  a  system  he  has  no  legal 
security,  either  for  just  or  liberal  treatment. 

3.  Tlic  active  competition  which  has  grown  out  of  the  existing 
system,  and  which  would  have  grown  up  without  the  act  ol'  Con- 
gress under  the  State  law  of  New  York,  has  not  had  the  effect  of 
securing  commerce  against  shipwrecks  and  other  disasters.  I 
very  much  doubt  whether  they  have  been  at  all  diminished  in  num- 
ber. The  eases  of  the  Mexico  and  the  Bristol  were  extraordi- 
nary occurrences.  They  happened  at  an  inclement  season,  and 
even  if  the  old  system  had  been  continued,  such  disasters  might 
not  have  occurred  again  in  half  a  century.  Since  that  time  there 
have  been  shipwrecks  equallv  disastrous,  except  in  the  loss  of  life. 
Some  of  the  property  in  the  Bristol  and  Mexico  was  saved;  and 
the  deaths  wiiicli  occurred  in  the  Mexico  were  not  from  drowning, 
hut  from  frost — the  passengers  who  were  emigrants,  having  been 
driven  to   the  deck  in  a  winter's  night  of  unparallelled  severity. 

I  hold  in  my  hand  a  list  of  220  vessels  stranded,  run  aground,  or 
wrecked  Irom  April,  1839,  to  March,  1846 — seven  years — all  un- 
der the  new  system.  Of  this  number  over  30  were  a  total  loss — and 
22  were  engaaeJ  in  foreign  commerce.  Some  of  these  shipwrecks 
were  of  a  most  distressing  character,  on  account  of  the  loss  of 
life,  with  which  they  were  attended.  The  ship  John  Minturn,  for 
instance,  went  ashoro  on  Squam  Beach  about  fifteen  miles'from 
Sandy  Hook,  the  captain  and  his  family,  the  pilot,  and  thirty-eight 
others  having  perished  together,  and  the  ship  and  cargo  were  to- 
tally lost.  On  the  score  of  property  it  was  probably  a  heavier  loss 
than  that  of  tiie  Bristol  or  Mexico. 

I  have  another  list  of  HI  vessels  stranded,  run  aground,  or 
wrecked  Irom  February,  1846,  commenciog  where  the  other  list 


terminated,  to  the  14th  January,  1848 — say  two  years.  Of  this 
number  24  were  a  total  loss,  a  large  increase  in  the  ratio  com- 
pared with  former  years  ;  and  nine  were  engaged  in  foreign  com- 
merce. In  the  first  seven  years  above-named,  the  vessels  totally 
lost  amounted  to  nearly  five  per  annum.  During  the  last  two 
years  they  have  been  twelve  per  annum — more  than  doubled, 
though  the  increase  of  the  commerce  of  the  city  has  been  in  a 
much  lower  proportion. 

I  state  these  facts  to  show  that  security  to  property  and  life  has 
not  increased  under  the  existing  system,  whatever  opinions  may 
be  expressed  to  the  contrary.  It  is  true,  I  have  not  been  able  to 
make  comparisons  with  the  perioci  preceding  1><37  for  want  of  data. 
There  is,  however,  an  account  by  Capt.  Karl,  who  was  adduced 
as  a  witness  against  tlic  New  York  pilois,  and  who  stated  in  1835 
that  he  had  enumerated  from  memory  39  vessels  totally  lost  within 
a  "few  years."  The  number  of  years  is  left  to  conjecture,  but  upon 
the  most  unfavorable  supposition,  the  loss  could  not  have  exceeded 
that  ofthe  last  two  years. 

I  have  also  felt  myself  called  on  to  make  this  statement  to  meet 
the  declaration  ofthe  honorable  Senator  from  Massachusetts  [Mr. 
D.ivis]  that  "  shipwrecks  in  the  neighborhood  of  that  harbor  are 
almost  unknown,"  a  declaration  whicii  he  wou:d  not  have  veniured 
to  make,  if  he  had  taken  time  to  investigate  the  facts  with  his  usu- 
al care  and  discrimination. 

From  what  I  have  said  it  will  be  apparent  that  the  whole  con- 
trol of  the  subject  of  pilotage  is  in  the  hanls  of  the  ship-owners 
and  ship-masters,  without  legal  regulation.  The  master  of  a  ves- 
sel may  take  any  pilot  he  pleases — he  may  bargain  for  the  amount 
of  pilot  iees — he  may,  after  having  taken  a  pilot  two  liundred  miles 
at  sea  when  coming  in,  give  his  vessel  to  another  pilot  to  take 
out.  The  pilot  himself  has  no  security  either  that  the  customary 
fees  will  be  paid  him,  or  that  he  will  have  the  preference  in  taking 
out  a  vessel  he  has  brought  in.  He  is,  in  fact,  wholly  dependent 
on  the  ship-owner  or  ship-master.     Is  this  right  ? 

I  believe,  Mr.  President,  that  the  best  systems  of  pilotage  are 
those,  which  are  under  the  most  rigid  regulation.  The  deiect  of 
the  system  in  New  York  is  that  there  is  no  law — no  systematic 
government  or  rules.  Nor  can  there  be  while  a  master  of  a  ves- 
sel is  allowed  to  take  a  pilot  from  two  ditliirent  States.  It  is  im- 
possible to  enforce  prohibitions  or  commands  in  one  State,  when 
there  is  a  competition  between  different  classes  holding  warrants 
or  licenses  from  two  separate  authorities,  neither  of  which  is  re- 
sponsible to  the  other. 

The  Chamber  of  Commerce  and  the  Board  of  Underwriters  have 
by  establishintr  rules  themselves,  conlessed  the  nece.^sity  of  legal 
regulation.  They  have  no  authority  to  enforce  the  rules  ihey  have 
adopted,  and  those  rules  are  not  enforced.  They  fixed  the  rates 
of  pilotage  according  to  the  standard  established  by  the  law  of 
New  York,  which  had  been  repealed  ;  but  these  rates  are  not  uni- 
formly paid.  The  pilots  are  constantly  obliged  to  take  less  in  order 
to  obtain  employment.  Pilots  are  required  to  board  the  nearest 
vessel  tinder  a  penally  of  $50  ;  but  there  is  no  power  to  enforce 
the  penalty.  The  commissioners  are  authorized  by  the  regula- 
tions to  impose  fines  ;  but  it  is  a  perfectly  nominal  authority.  Off- 
shore pilotage  is  allowed  by  their  regulations  ;  but  vessels,  as  has 
been  seen,  in  most  instances,  refuse  or  evade  the  payment,  be- 
cause there  is  no  legal  authority  to  exact  it. 

If  a  pilot  offers  his  services  to  the  eastward  ofthe  white  buoy, 
about  three  miles  from  Sandy  Hook,  and  is  refused,  he  is  entitled 
to  half.pilotage  ;  but  it  is  never  paid,  because  the  commissioners 
had  no  power  to  make  such  a  regulation.  They  have  no  authori- 
ty whatever.  Their  regulations  are  a  dead  letter.  All  the  con- 
trol there  is  rests  upon  the  commercial  influence  wielded  by  the 
commissioners  and  the  ship  owners. 

I  believe  this  state  of  things  to  be  radically  wrong.  The  rea- 
sons for  subjecting  the  business  of  pilotage  to  legal  regulation 
seem  to  me  urgent  and  unanswerable.  Let  me  advert  to  a  single 
one.  The  entries  and  clearances  of  foreign  vessels  at  New  Y'ork 
exceed  1,100  per  annum.  They  are  entirely  dependent  on  a  judi- 
cious system  of  pilotage  for  their  safety.  The  regular  traders 
may  know  the  pilot  boats,  and  sometimes  may  make  selections. 
But  fore  gn  vessels,  without  this  knowledge,  will  naturally  take 
the  first  pilot  who  presents  himself.  They  can  have  no  knowledge 
of  his  qualifications  :  they  are  entirely  at  his  mercy  ;  and  it  is  only 
by  a  proper  .system  of  regulation,  under  an  undivided  authority, 
that  we  can  do  justice  to  the  vast  foreign  commerce,  which  cen- 
tres in  the  city  of  New  Y'ork.  The  act  of  Congress  is  the  only 
obstacle  to  the  establishment  of  such  a  .system.  If  it  were  repeal- 
ed, I  am  entirely  satisfied  that  a  system  could  be  adopted,  in  con- 
currence with  the  mercantile  classes,  which  would  meet  the  views 
and  interests  of  all  and  secure  every  public  object. 

But,  to  pursue  this  point  a  little  lurther,  the  New  York  mer- 
chants are  not  the  only  parties  in  interest.  New  York  is  the  cen- 
tre of  commerce  for  the  whole  Union.  Foreign  coi.ntries,  as  I 
have  already  shown,  have  also  a  deep  interest  in  the  matter — an 
interest  which  we  have  no  right  to  subject  to  the  control,  without 
law,  of  a  single  class.  It  is  due  to  the  eountr3'  that  the  sj'stem  of 
pilotage  for  the  great  emporium  of  the  Union  should  be  made  effi- 
cient by  judicious  regulation,  instead  of  being  thrown  open  to  un- 
restrained competition.  The  interests  at  stake  are  too  important; 
not  property  alone,  but  human  life  is  concerned.  I  am  not  aware 
that  there  is  any  commercial  country,  which  intrusts  the  business 
of  piloting  to  open  competition.  It  is  one  of  the  few  matters  in 
which  regulation  has  always  been  deemed  indispensable.  Strongly 
impressed  as  I  am  with  the  importance  of  freeing  commerce  and 
navigftvion,  as  far  as  possible,  from  all  shackles  and  restrictions. 


806 


THE  PILOT  LAWS. 


[Friday, 


I  cannot,  on  the  fullest  reflection,  bring  my  mind  to  the  conclusion 
that  pilotage  should  be  without  law. 

But  there  is  another  consideration.  Those  who  now  control  pi- 
lotaije  in  New  York  to  a  sireat  extent,  have  an  interest  adverse  to 
the  pilots.  Their  inte.est  is  to  have  piloting  don?  cheap.  Bar- 
gains are  frequently  made,  and  the  pilot  is  compelled  to  take  less 
than  the  cusiomaiy  rates — less  than  the  rates  Kxeil  as  reasonable 
and  just  by  the  Chamber  of  Commerce  and  the  Board  of  Under- 
writers. The  tendency  of  this  state  of  things  is  to  drive  the  best 
pilots  into  other  employments,  and  to  introduce  an  inferior  class 
of  men  in  their  place.  And  from  iho  best  judgment  I  liave  been 
able  to  form,  I  cannot  but  think,  that  if  this  state  of  things  con- 
tinues until  the  present  stock  of  well-trained  pilots  pass  oB  the 
stage,  New  York,  instead  of  having  pilots  equal  to  the  best  in  any 
country,  will  have  the  worst. 

I  am  not  quite  certain,  Mr.  President,  that  tiie  interest  of  insurers 
is  so  very  decidedly  in  favor  of  the  hichest  degree  of  security  to 
property  afloat,  as  the  Senator  from  Massachusetts  supposes.  In- 
surance is  regulated  by  the  hazards.  The  rates  are  high  when 
the  hazard  is  great,  and  they  are  low  when  ihe  hazard  is  small. 
Now,  I  believe  it  may  be  said  with  safety  that  the  rales  of  insU' 
ranee  rise  in  a  ratio  higher  than  that  of  the  increase  of  hazard  ;  and 
that  the  profits  of  insurance  are  greatest  when  the  security  is 
least.  I  speak  in  respect  to  the  operation  of  principles,  and  not 
in  respect  to  motives  of  action  ;  and  only  for  the  purpose  of  ex- 
plainiiiL'  whv  a  very  defective  system  of  pilotage  miji.ht  exist  with- 
out jirejudice  to  insurers. 

Tlie  Senator  from  Massachusetts  has  said  that  the  nicrcanrilo 
interest  generally  is  in  favor  of  the  present  system,  and  he  inti- 
mates pretty  strongly  that  there  is  not  a  inerchanl  in  New  York 
who  is  not  opposed  to  the  repeal.  Now,  I  can  assure  the  Senator 
that  the  memorials  from  New  York  asking  for  the  repeal  of  the  act 
of  Conirress  signed  by  some  5,000  persons,  contain  the  names  of  sev- 
eral highlv  respectable  merchants,  besides  a  large  nnmlier  of  ship- 
masters and  shiji-owners.  I  can  also  assure  him  that  I  have  con- 
versed with  some  of  the  most  respectable  ship-masters  vrho  sail  from 
New  York,  and  who  believe  the  present  system  tends  to  degrade 
the  pilots,  and  to  render  life  and  properly  insecure.  It  is  no  doubt 
true  that  tlie  merchants  generally  are  opposed  to  the  repeal  :  1st, 
for  reasons  I  have  stated;  and  '2d,  because  it  has  been  industri- 
ously circulated  by  interested  persons  that  the  object  ol'tlie  repeal 
is  to  establish  the  old  monopoly.  The  Senator  from  Massachu- 
setts twice  said  so;  and  I  regretted  to  hear  it.  He  has  been  de- 
ceived. There  is  not  a  shadow  of  foundation  for  the  charge.  It 
is  this  belief  which  has  produced  so  much  hostility  to  the  repeal; 
and  I  regret  that  my  honoiable  friend  from  Massachusctis  should 
have  fallen  into  so  great  an  error.     Let  me  stale  a  few  facts: 

The  New  York  pilots  assented,  in  1846,  to  the  creation  of  a 
board  of  commissioners  of  three  persons,  one  to  be  clu.isen  by  the 
Board  of  Underwriters,  one  by  the  Chamber  of  Commerce,  and  one 
by  themselves,  to  regulate  the  whole  business  of  pilotage.  They 
offered  to  take  into  the  association  of  pilots  all  those  now  licensed 
by  New  Jersey  and  the  merchants'  pilots,  if  Ibund  qualities  on 
examination.  This  pioposiiion  contemplated  a  re]>eal  of  the  act 
of  Congress  and  the  esial)lishment  of  a  system  of  pilotage  by 
State  legislation.  The  agent  of  those  two  bodies  was  understood 
to  give  his  assent  to  it  in  this  citv:  and  I  supposed  i he  matter 
would  be  satisfactorily  adjusted.  But  on  his  return  to  New  Y'ork, 
they  relused  to  accede  to  it.  The  pdots  agreed  that  the  mercan- 
tile interest  should  have  two  to  one  of  the  conuuissioncrs,  a  com- 
plete control,  provided  liiev  could  have  legal  regulation.  Under 
the  existing  system  this  interest  has  the  control  without  Icrral  re- 
gulation. This  is  the  issue  joined  between  the  parties.  The  New 
York  pilots  desire  no  monopoly.  Tliey  do  not  ask  even  for  con- 
trol. They  ask  only  legal  protection,  for  rights  universally  ac- 
knowledged to  be  just. 

The  Senator  from  Massachusetts  also  stated  as  his  belief,  that 
the  papers  in  his  possession  showed  no  persons  connected  with 
the  shipping  interest  of  the  country,  except  the  pilots,  desired 
the  repeal  of  the  act  of  Congress.  I  have  shown  ihis  to  be  a 
mistake.  I  might  go  on  and  say  that  two  sovereign  States  have 
complained  of  it  as  injurious  to  great  public  interests.  But  if  it 
were  true  that  none  but  the  pilots  desired  the  repeal  of  the  law, 
would  it  be  a  reason  why  Congress  should  turn  a  deaf  ear  to  their 
appeal?  May  not  any  individual,  or  any  class  of  individuals  fairly 
appeal  to  Congress  for  protection  against  the  operation  ol  its  own 
enactments,  when  they  are  oppressive  or  injurious  to  the  party 
appealing  ?  I  have  always  supposed  it  to  be  the  peculiar  duty  of 
Congress  to  see  that  in  the  enaetmcnt  of  laws  individual  riu'hts 
were  not  injuriously  allectcd.  'I'lie  only  question  is.  how  far  those 
rights  shall  give  way  to  great  public  interests.  And.  sir,  I  insist 
that  on  the  application  of  the  pilots  alone,  asking  for  ihe  repeal  of 
an  act  winch  has  proved  oppressive  to  them,  it  would  have  been 
the  duty  of  Congress  to  look  into  the  facts,  and  to  grant  the 
prayer  of  the  pelitioners,  unless  high  public  considi-rations  ren- 
dered it  improper.  But,  as  1  have  already  said,  the  pilots  are 
not  the  only  eomplainauts.  Numerous  and  respceiahlc  classes  of 
citizens  unite  with  them;  and  the  legislatures  of  two  States  re- 
monstrate against  the  act  of  Congress  cither  as  oppressive  or  as 
injurious  to  the  public  interest,  which    it    was  designed  to  secure. 

I  cannot  di.Mniss  this  part  of  the  subject  wiihout  saying  that  I 
entertain  for  the  merchants  of  the  city  of  New  York  the  highest 
respect.  In  enterprise,  intelligence  in  commercial  matters,  and  iu 
an  honorable  discharge  of  their  jiecuniary  obligations,  they  are  un- 
surpassed by  any  any  class  cl  men  in  this  country  or  any  other. 
When  I  took  roy  seat  in  this  body,  it  was  with  an  earnest  desire  to 


contribute  my  humble  efforts  to  the  promotion  of  the  commercial 
interest  of  ihe  country,  which  I  thought  bad  not  received  all  the 
notice  to  which  it  was  entitled  ;  and  it  is  to  this  subject  more  than 
any  other  that  I  have  devoted  myself.  I  shall  continue  to  do  so. 
But  in  this  matter  of  the  pilots,  I  am  constrained  to  dltfcr  from 
what  seems  to  be  the  general  opinion  among  the  merchants  of 
New  York.  And  yet  I  am  entirely  satisfied  that  if  we  understood 
each  other,  there  would  be  litile  ditference  between  us.  I  do  not 
think  the  great  body  of  the  merchants  have  looked  into  the  subject 
criiically.  I  have  inquired  of  many  of  then  why  ihey  were  op- 
posed to  the  repeal  of  the  act  of  Congress  ;  and  I  have  received 
the  same  answer  in  every  case — "  because  we  are  oppttsed  to  the 
re-esiablishment  of  the  old  monopoly."  And  when  I  have  rejoin- 
ed, that  I  was  equally  opposed  to  such  a  measure,  that  1  was  in 
favor  of  placing  the  whole  subject  of  pilotage  for  the  city  of  New 
Y'ork  under  legal  regulation,  and  leaving  the  administration  of  the 
system  in  the  hands  of  the  Chamber  of  Commerce  and  the  Board 
of  Underwrilers,  their  representatives.  I  do  not  recollect  an  in- 
stance in  which  they  have  not  acquiesced  in  the  propriety  of  the 
suggestion.  What  I  have  insisted  on  is  legal  control,  to  be  exer- 
cised by  those  who  have  a  practical  knowledge  of  the  subject. 
But  I  am  unwilling  to  leave  it  even  in  their  hands  without  legal 
control — il  for  no  other  reason — because  there  is  no  power  to  en- 
loree  proper  regulations  or  punish  their  infraction.  And  I  do  not 
hesitate  lo  say,  if  the  merchanis  will  look  into  this  question,  that 
Iheru  will  be  a  general  concurrence  in  the  propriety  of  the  mea- 
sure I  propose.  It  is  possible  I  may  be  deceived  ;  but  if  am — if  they 
shall  continue  to  differ  with  me  in  opinion — one  assurance  I  shall  still 
retain — that  they  will  do  me  the  justice  to  believe  I  am  actuated 
solely  by  what  I  consider  the  true  interests  of  the  city  and  the  coun- 
try at  large. 

One  word  in  conclusion.  My  suggestion  in  respect  to  a  system 
of  pilotage  in  New  York  is  this  :  1.  A  board  of  commissioners  of 
three  persons,  one  appointed  by  the  Chamber  of  Commerce,  one  by 
the  Board  of  Underwriters,  and  one  by  the  pilots,  who  shall  have 
power  to  examine  and  license  all  persons  desirous  of  acting  as  pi- 
lots. 2.  A  classification  of  the  boats,  to  include  those  of  New 
York,  New  Jersey,  and  merchants'  pilots,  with  all  the  persons 
now  belonging  to  them,  who  shall  be  louiid  competent,  and  an  as- 
signment of  the  boats,  in  turn,  to  three  descriptions  of  service, 
viz  :  cruising  out  of  sight  of  Sandy  Hook,  within  sight  of 
the  light  housCj  and  in  the  vicinity  of  the  Hook.  This  will  corres- 
jiond  substantially  with  the  station  system  at  Liverpool,  and  will, 
at  all  times,  insure  to  vessels  arriving  at  the  city  of  New  York, 
competent  pilots,  under  legal  regulation,  and  under  the  supervi- 
sion of  the  mercantile  interest  of  the  city.  The  tirst  step  towards 
ihe  establishment  of  such  a  system  is  a  repeal  of  the  act  of  Con- 
gress, without  which  it  cannot  be  placed  on  such  a  footing  as  to 
insure  its  eilicacj'. 

On  motion  by  Mr.  DAYTON,  it  was 

Ordered,  That  the  further  consideration  of  the  bill  be  postponed 
until  to-morrow. 

THE    PRIVATE    CALEN'D.^R. 

The  bill  for  the  relief  of  Charles  M.  Gibson  was  read  the  se- 
cond time,  and  considered  as  in  Committee  of  the  Whole  ;  and  no 
amendment  being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Resolved,  That  this  bill  pass,  and  that  Ihe  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Kepre.sentatives  therein. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  lor  the  relief  of  Daniel  H.  Warren  ;  and 

On  motion  hy  IMr.  FELCH,  it  was 

Ordered,  That  it  be  recommitted  to  the  Committee  on  Pen- 
sions. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  eonsi- 
deraiion  of  the  bill  for  the  relief  of  Frederick  Dawson,  James 
Scliolt,  and  Klisha  Dana  Whitney. 

[Mr.  JOHNSON,  of  Maryland,  addressed  the  Senate  in  favtlr 
of  the  bill.     His  speech  is  given  in  the  Appendix.] 

On  motion  by  Mr.  PHELPS,  it  was 

Ordered,  That  the  further  consideration  of  the  bill  be  postponed 
until  to-morrow. 

Tho  bill  for  the  relief  of  David  Mycrle  was  read  the  second  time 
and  considered  as  in  Commitico  of  the  Whole  ;  and 

On  motion  by  Mr.  ATCHISON,  it  was 

Ordered,  That  it  lie  on  the  table. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
AVhole,  the  bill  for  the  relief  of  Colonel  Kobert  Wallace,  aid-de- 
camp to  General  William  Hull  ;  and 

On  motion  by  Mr.  HUNTER,  it  was 

Ordered,  That  il  lie  on  tho  table. 


June  30.] 


THE  PRIVATE  CALENDAR.' 


807 


The  Senate  proceeded  to  consider,  as  in  Committtee  of  the 
Whole,  the  bill  for  the  relief  of  Stalker  and  Hill,  and  no  amend- 
ment being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time,  by  unanimous  consent. 

Resoical,  That  tliis  bill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives aceoriiingly. 

The  fullowing  bills  were  read  the  second  time,  and  considered 
as  in  Committee  of  the  Whole  : 
A  bill  Ibrtlie  relief  of  D.  A.  Waterstoti. 
A  bill  for  tha  relief  of  the  heirs  of  Moses  White. 
A  bill  for  the  relief  of  rhe  heirs  of  John  Wall,  deceiiserl. 
A  bill  for  the  relief  of  Columbus  Alexander  and  Theodore  Rariiard. 
A  bill  for  the  relief  of  Mary  Taylor. 
A  bill  for  the  relief  of  James  G.  Carson. 
A  bill  for  the  relief  of  David  Wilkinson. 

A  bill  for  the  relief  of  H  Fredien,  i\I.  V'orcher.  C  Sanmij;uel,  P.  ^^  Ga_^non,  V. 
Canbarrenx,  and  K.  Harho.  of  Louisiana. 

A  bill  for  the  relief  of  Wm.  W.  Wynn. 


No  amendment  being  made,  they  were  severally  reported  to  the 

Senate. 

Ordered,  That  they  be  engrossed  and  read  a  third  time. 
The  said  bills  were  severally  read  a  third  time. 

Ktsolvcd,  That  they  pass,  and  that  their  respective  titlei  lie  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

On  motion  by  Mr.  CAMERON,  it  was 

Ordered,  That  lhe>Committee  on  the  District  of  Columbia  be 
discharged  from  the  consideration  of  ihe  bill  to  incorporate  the 
Washington  gas  light  company. 

On  motion  by  Mr.  WKSTCOTT,  it  was 

Ordered,  That  a  message  be  sent  to  the  House  of  Representa- 
tives to  request  the  return  of  the  bill,  originating  in  the  Senate,  lor 
the  relief  of  Stalker  and  Hill. 

On  motion. 

The  Senate  adjourned. 


808 


AMERICAN  FLAG  FROM  MEXICO. 


I  Saturday, 


SATURDAY,  JULY  1.  1848. 


MEMORIAL  OF  THE  CHICAGO  CONVENTION. 

The  Senate  proceeded  to  consider  the  motion  submitted  by  Mr. 
Johnson,  of  Maryland,  for  priruiriji  an  additional  number  of  the 
memorial  of  the  convention  held  at  Chicatjo  ;  and 

The  motion  was  disagreed  to.     Ayes  15,  Noes  16. 

POST    EOTTTE   IN   ILORIDA. 

The  Senate  proreeded  to  consider  the  resolution  submitted  by 
Mr.  YuLEE.  the  3CHh  June,  in  relation  to  a  post  route  in  the  State 
of  Florida,  and  the  resolution  was  agreed  to. 

DISCHARGED  FROM  CONSIDERATION. 

On  motion  by  Mr.  RUSK,  it  was 

Ordered,  That  the  Coramilte  on  Miliiary  Affairs  be  discharged 
from  the  further  consideration  of  the  following  subjects  : 

Resolution  of  (lie  Legislntnre  of  the  State  of  Louisiana,  presented  Fcbrnaij-  2d. 

Petition  of  citizens  of  Pennsylvania,  presented  Marclt  15th. 

Petition  of  citizens  of  Mercer  county,  Ohio,  presenled  April  ITth. 

Resolation  of  the  Legislature  of  Mississippi,  presented  March  27th. 

Resolution  of  the  Legislature  of  Tennessee,  presented  February  29th. 

Memorial  of  the  General  Assembly  of  Missouri,  presented  January  31sl. 

Resolutions  of  the  Legislature  of  Michigan,  presented  JMarch  'i7th. 

Resolutions  of  the  Legislature  of  Indiana,  presented  March  6*lh. 

Resolutions  of  tlie  Le^;isiature  of  New  Jersey,  presented  March  29th. 

Memorial  of  the  clerks  of  the  Pay  Department  of  the  army  at  New  Oilcans,  praying 
an  increase  of  compensation. 

Doenments  relating  to  a  grant  of  certain  emolumeuti  to  military  storekeepers,  pre- 
Beutecl  Febmary  15th. 

Petition  presented  May  29th,  for  the  withdrawal  of  the  troops  from  Me.lico. 

PetjtJon  of  John  Campbell  &  Co. 

THE  AMERICAN  FLAG  IN  MEXICO. 

Mr.  DAVIS,  of  Mississippi,  in  presenting  a  document  in  rela- 
tion to  the  American  flag,  stated  to  have  been  first  planted  upon 
the  Capitol  of  Mexico,  said  :  Sometime  since  I  presented  to  the 
Senate  a  United  Stales  flag,  which  had  been  inl rusted  to  me  for 
such  purpose  by  an  olFicer  of  our  army.  That  flag  derived  its 
value  from  the  assurance  that  it  was  the  first  national  flag  raised 
by  our  troops  on  the  ciiadel  of  ihe  Me.xican  capital,  and  addition- 
al interest  from  the  fact  that  it  was  made  ragged  by  the  balls  of 
the  enemy.  The  ofiicer  who  handed  me  the  flag  gave  no  special 
history  of  the  circumstances  or  the  individuals  connected  with  the 
event  from  which  this  fiag  draws  its  peculiar  interest.  I  believed 
he  was  nnsvilling  to  do  so,  because  of  rival  and  conflicting  stale- 
mcnis  in  relation  to  it.  Be  that  as  it  may,  the  consequence  was, 
that  no  report  or  statement  was  made  at  the  time  of  presentation 
showing  tile  corps  or  individual  by  whom  the  service  of  raising 
that  flag  was  perfirmed.  As  I  did  not  then,  so  I  do  not  now,  in- 
tend to  consider  the  pretensions  or  relative  merit  of  individuals 
connected  with  that  transaction. 

This  morning  letters  have  reached  me  from  a  distinguished  citi- 
zens of  Iowa,  and  from  the  ofiicer  whose  immediate  command  car- 
ried this  flag  into  the  city  of  Mexico,  representing  ihat  a  report 
made  by  the  latter  contained  the  history  of  the  flag,  as  connected 
with  the  capture  of  the  city,  and  complaining  that  it  was  not  pre- 
sented with  the  flag.  A  duplicate  of  that  report  was  enclosed  to 
me.  It  seems  to  be  appropriate  to  the  action  which  the  Senate 
has  taken,  and  as  an  act  of  justice,  I  present  it,  with  a  motion  that 
It  be  read  and  printed. 

Mr.  FOOTE. — I  feel  reluctantly  compelled  to  make  a  single 
suggestion.  When  this  flag  was  first  presented  lo  the  Senate  by 
my  colleague,  as  an  otfering  from  (leneral  Twiggs,  I  confess  I 
did  not  perfectly  understand  what  flag  it  was;  the  name  of  a 
distinguished  citizen  of  Mississippi,  Major  General  Quitman,  un- 
der whose  immediate  command  the  first  flag  of  this  republic 
which  ever  waved  over  the  Mexican  palace  m-hs  rai.sed,  httvirg 
been  entirely  omitted  by  my  eolleagiio  in  the  explanatory  remarks 
which  he  made  on  that  occasion.  I  was  certainly  under  the  im- 
pression at  the  time,  that  it  was  somt!  other  flair  than  the  one  raised 
under  the  order  of  General  Quitman,  which  was  llius  presented  to 
the  Senate;  and  I  was  quite  surprised  afterwards  at  learning  that 
I  was  in  error  on  this  point.  Now,  sir,  as  the  erection  of  this 
flag,  under  tho  very  imposing  circumstances  which  attended  upon 
the  proceeding,  has  attracted  in  a  very  special  manner  the  public 
attention,  and  cannot  fail  to  claim  the  notice  of  the  future  historian 
of  the  war,  I  regret  that,  since  it  was  deemed  proper  to  introduce 
this  subject  at  all  in  tho  Senate,  a  more  ample  account  had  not 
been  given  of  the  whole  transaction — such  an  account  as  would 


have  done  full  justice  to  General  Quitman,  as  well  as  to  other  dis- 
tinguished officers,  from  none  of  whom,  and  particularly  from  the 
thrice  gallant  Twigas,  would  I  willingly  detract  in  the  least  de- 
gree. Whilst  I  feel  satisfied  that  my  colleague  is  wholly  inca- 
pable of  intending  injustice  to  his  late  comrade  in  arms,  in  all  of 
whose  achievements  our  gallant  State  feels  such  a  peculiar  and 
just  pride,  I  feel  bound  to  say  that  this  repealed  iniroduelion  of 
the  flag,  without  any  particular  mention  of  General  Quitman,  is 
decidedly  calculated  to  do  him  injury,  inasmuch  as  it  is  a  fact  very 
well  known,  that  the  circumstances  connected  with  the  raising  of 
this  flag  have  been,  more  or  less,  in  several  quarters,  a  subject  of 
dispute.  Having  in  my  possession  certain  documentary*  evidence 
of  the  highest  character,  elucidative  uf  the  point  in  controversy,  I 
shall  ask  leave,  at  a  seasonable  time,  to  bring  the  same  to  the  no- 
tice of  the  Senate,  that  the  wbole  matter  may  be  everywhere 
thoroughly  understood,  and  due  honor  be  awarded  to  all  concern- 
ed iu  ihis  interesting  transaction  in  our  history  as  a  nation.  I  re- 
gret that  my  colleague  did  not  confer  wilh  me  upon  this  rather 
delicate  point  before  the  flag  was  presented  to  the  Senate,  as  I 
would  cheerfully  have  allbrded  to  him  all  the  information  which 
had  been  put  in  my  hands  on  this  subject,  and  thus  have  enabled 
bim  to  do,  (what  1  feel  certain  he  would  have  been  highly  grati- 
fied at  having  an  opportunity  of  doing,)  and  that  is  to  award  full 
and  unstinted  justice  to  one  of  the  most  valorous  ofTicers,  accom- 
complished  men,  and  devoted  patriots  who  has  won  renown  in  arms 
during  tho  progress  of  the  Mexican  war. 

Mr.  DAVIS,  of  Mississippi. — I  am  surprised  at  tho  course  my 
colleague  has  thought  proper  to  take  on  this  occasion.  Did  he 
not  hear  me  slate  that  in  presenting  the  flag  I  intended  lo  avoid 
all  questions  of  individual  merit  or  services — that  I  had  heard  of 
controversy  about  the  transacli<ui  with  which  it  was  associated, 
and  had  received  no  statement  from  the  officer  who  handed  me  the 
flag.  The  rival  pretensions  of  which  I  had  hoard,  and  to  which 
allusion  was  made,  were  of  regiments  and  of  company  ofticers.  .\ 
controversy  between  general  officers  upon  such  a  sulijeet  was  not 
thought  of  by  me;  the  service  was  appropriate  to  lower  rai.k.  A 
general  with  a  command  should,  at  such  a  moment,  bo  otherwise 
employed.  The  conflicting  claims  of  which  I  had  heard  were 
among  subaltern  oflicers.  To  tbem  it  was  a  matter  of  importance. 
They  had  no  command  by  the  conduct  of  which  they  could  acquire 
reputation — no  elevated  rank  to  attract  observation — no  world 
wide  fame  which  would  sink  by  connection  with  so  small  a  trans- 
action— 10  their  energy,  personal  daring,  and  physical  prowess, 
must  bring  the  favors  of  war.  It  is  the  duty,  as  it  should  be  the 
pride,  of  a  commander  to  aid  such  subordinates  in  securing  te 
themselves  whatever  they  may  fairly  win.  As  to  the  reputation 
of  the  general  to  whom  ray  colleague  has  alluded  as  a  Missisippian, 
i  have  to  say  that  Slate  pride  and  the  obligations  of  my  present 
position,  would  have  rendered  me  prompt  to  delend  that  reputa- 
tion to  every  proper  limit,  if  it  had  been  assailed.  He  must  hare 
heen  a  careless  reader  of  the  oflicial  reports,  who  docs  not  know 
that  General  Quitman  commanded  ihe  division  which  first  reached 
the  citadel  of  Me.xii.'O.  His  fame  is  fo  rest  upon  the  success  of 
nis  command.  It  would  sink  if  it  could  be  involved  in  a  little  con- 
troversy about  the  raising  of  a  flag. 

To  commemorate  the  last  eveet  in  a  war  most  brilliant  from  its 
beginning  to  its  close — lo  mark  tho  moment  of  final  triumph, 
when  the  long  succession  of  glorious  victories  broutiht  our  army 
to  the  goal  for  which  it  had  toiled,  and  bled,  and  performed  pro- 
digies of  valor — the  national  flag  that  was  first  raised  upon  the 
Capitoi  of  Mexico  was  presented.  No  notice  was  taken  of  the 
rei^imental  flags  which  bad  been  previously  displayed  at  various 
points — no  mention  made  of  any  individual  as  particularly  identi- 
lied  with  the  event — all  was  general,  as  the  flag  was  national,  and 
tho  glory  ihat  of  our  common  country.  The  presentation  of  a  na- 
tional flag,  which  associated  only  with  rccoUcclions  of  victory, 
yet  shows,  by  its  torn  condition,  how  severe  were  the  struggles 
through  which  it  passed,  and  how   united  our   countrymen  must 


'The  documentary  evidence  here  alluded  to,  we  arc  requested 
to  say,  consists  in  part  of  the  following  e.xiracts  from  the  reports 
of  Generals  Scott  and  Quitman.  Extract  from  report  of  General 
Scott,  Ex.  doc.  No.  1,  page  383  : 

•'  Unitnian  proceeded  to  the  great  jdaza  or  squaic,  planted  guanjs,  and  hoisted  the 
colors^of  the  United  Stales  on  the  .National  Palace— eonlaiuing  the  halls  o(  Congress 
and  Executive  departments  of  federal  Mexico.  For  this  grateful  service.  Ciuitman 
miglit  have  heen  anliei|iau.il  by  W'onli.  bul  for  my  express  orders,  halting  Ihe  olheral 
the  head  of  the  Alitmeaa,  ^u  green  park,)  within  three  Mjuatps  of  that  goal  of  general 
ambilion." 

Extract  from  General  Quitman's  report,  page  414  : 

"  Captain  Roberts  of  the  rtfle  regiment,  who  had  led  the  advanced  company  of  th« 
storming  party  at  Chapul'epec.  and  had  greatly  ilistinguished  himself  during  the  pro- 
ndiiig  day,  was  detaciied  by  me  to  plant  the  star  spangled  banner  of  our  country 
utiou  the  National  Palace.  The  flag,  the  first  strange  banner  which  bad  ever  waved 
over  that  palace  since  the  conquest  of  Coitez,  was  displavcd  and  saluted  with  enthu 
sitUin  by  the  whole  command.    — lU'lt. 


JCLV    J./ 


AMERICAN  FLAG  ^ROM  MEXICO. 


809 


have  been,  might  have  been  expected  to  constitute  an  occasion  on 
vhich  rivalry  and  contest  for  individual  pre-eminence  would  have 
slumbered  rather  than  been  aroused.  Certain  it  is,  that  1  bad  no 
expectation  that  any  one  would  object  to  the  priutinR  ofa  report 
which  IS  official  in  its  character,  and  can  only  thus  be  made  public. 

Mr.  BUTLER. — Remarks  made  on  occasion.s  like  this,  how- 
ever transient,  might  assume  an  historical  interest,  especially-  to 
militarvmen  havini;  a  sensitive  jealousy  of  reputation.-  The  first 
flair  raised  on  the  walls  of  Mexico  was  hoi.sted  under  the  direction 
of  Major  General  Quitman,  commanding:  llio  Rillcs  and  Palmetto 
recrinaent,  and  being  in  the  advance.  In  tlie  midst  ol  the  tire  ol 
the  enemy,  General  Quitman,  with  his  own  hands,  first  hoisted  a 
handkerchief,  and  then  called  for  a  flag;  and  that  flag  was  the 
Palmetto  banner  of  the  South  Carolina  regiment,  and  it  was 
placed  on  the  walls  by  a  lieutenant  of  that  regiment. 

Mr.  FOOTE. — I  am  very  much  indebted  to  the  Senator  from 
South  Carolina  for  the  seasonable  and  brilliant  tribute  which  he 
has  rendered  to  a  patriotic  son  of  Mississippi,  in  what  has  just 
fallen  from  him.  True-liear:cd  men  everywhere  will  be  ready  to 
approve  the  generous  display  of  sym|ialhy  for  a  gallant  olTiecr, 
which  has  been  made  by  the  Senator  Iroiu  South  Carolinu;  and,  as 
a  Mississippiau,  and  the  devoted  friend  of  the  distinguished  per. 
sonage  so  kindly  referred  to,  I  thank  him  from  the  bottom  of  my 
heart.  I  feel  more  surprise  at  the  elToet  produced  apparently 
upon  the  sensibilities  of  my  colleague,  by  what  I  have  saiil  on  this 
occasion.  It  IS  surely  needless  for  mo  again  to  disclaim  all  inten- 
tion to  wound  his  feelings  or  involve  him  in  the  suspicion  of  being 
influenced  by  motives  in  the  least  degree  unworthy.  Jn  all  that  I 
have  said,  I  have  been  alone  actuated  by  a  profound  sense  of 
duty,  and  so  must  all  have  perceived  who  have  witnessed  the  pro- 
ceedings now  in  progress.  I  must  again  express  my  regret, 
though,  that  I  was  not  conferred  with  before  the  flag  was  pre- 
sented to  the  Senate,  and  for  the  reasons  already  slated. 

Mr.  DAVIS,  of  Mississippi. — I  will  tell  my  colleasuo  why  I  did 
not.  The  flag  was  sent  to  me  as  a  member  of  the  Military  Com- 
mittee to  be  pat  in  the  possession  of  that  Committee.  But  that 
could  not  be  done  until  it  had  been  presented  to  the  Senate. 

Mr.  FOOTE. — I  again  say.  that  I  intended  to  present  no  accu- 
sation of  unworthy  conduct  against  my  colleague.  I  readily  con- 
liJe  in  his  declaration  that  he  designed  no  injustice  to  General 
Qnitman  in  what  he  has  done;  and  yet  he  cannot,  fail  to  perceive 
that  such  must  have  been  the  consequence  resulting  from  his  acts, 
had  no  larther  explanation  been  given.  I  could  not  easily  be  in- 
duced to  believe  that  the  State  of  Mississippi  holds  within  her 
confines  a  wretch  so  base  as  to  attempt  to  undermine  the  l.nne  ot 
a  gallant  olficcr,  by  indirect  means,  in  the  absence  of  that  otficcr. 
I  have  not  accused  my  colleague  of  belonging  to  that  class  of  otli- 
cers  who  are  noted  for  entering  perpetually  into  a  scramble  for 
petty  honors;  nor  did  I  charge  him  with  endeavoring  to  secure  to 
himself  a  monopoly  of  the  glory  acquired  on  any  occasion  during 
this  war;  and  why  he  has  thus  gone  out  of  his  way  to  vindicate 
himself,  I  am  not  able  to  perceive.  Not  being  conscious  of  having 
done  anvthing  to  ruflle  the  feelings  of  my  colleague,  I  can  only  at- 
tribute the  excitement  which  he  has  displayed  to  the  delicate  rela- 
tions existing  between  himself  and  General  Quitman,  for  which  I 
am  certainly  not  at  all  responsible. 

Mr.  DAVIS,  of  Mississippi. — When  the  flag  was  presented  to 
the  Senate  I  made  no  claim  for  any  one,  denied  no  pretensions  of 
any  one.  knowing  that  some  controversy  existed,  I  said  not  a 
word  about  individuals  as  connected  with  planting  it  on  the  capitol 
at  Mexico.  I  then  supposed  the  contest  was  confined  to  subal- 
terns. General  Twiggs  certainly  set  up  no  special  claim  for  him- 
self— he  was  not  at  the  citadel  when  the  flag  was  raised,  if  I  have 
correctly  understood  the  positions  of  the  troops,  nor  was  he  men- 
tioned otherwise  than  as  the  officer  from  whom  the  flag  was  re- 
ceived for  presentation. 

Why,  then,  does  my  colleague  continue  to  make  baseless  suppo- 
sitions, and  follow  them  with  a  declaration  that  he  makes  no 
charge  against  any  one.  Except  by  the  report  presented  to- 
day, nothing  has  been  claimed  by  any  one  in  connexion  with  this 
flag  ;  and  the  Senate  was  not  asked  to  take  any  action  on  the  re- 
port beyond  having  it  printed. 

I  did  not  understand  my  colleague  as  imputing  to  me  personally 
any  of  the  charges  which  he  has  disclaimed.  My  answer  was  not 
made  under  any  such  supposition.  If  I  had  so  understood  him,  my 
reply  would  have  been  different,  and  made  elsewhere.  My  col- 
league understands  me. 

V/hen  I  presented  the  flag,  the  Senate  was  asked  to  take  such  or- 
der respecting  it  as  should  seem  proper.  I  offered  no  resolution;  and 
alter  some  discussion,  the  matter  was  postponed.  On  a  subsequent 
day  a  resolution  oflered  by  the  Senator  froia  New  Jersey  was 
adopted.  There  was  full  notice,  and  enough  of  discussion  to  have 
attracted  attention — certainly  to  have  prevented  any  one  from 
pleading  a  surprise. 

Mr.  FOOTE. — I  have  expressly  and  repeatedly  declared  that  I 
did  not  design  in  aught  to  rofleci  upon  my  colleague.  He  says 
he  did  not  understand  me  as  designing  anv  imputation  upon  him; 
and  yet  he  has  thought  proper,  very  gratuitously,  as  I  consider,  to 
declare,  and  in  a  manner,  to  say  the  least,  decidedly  significant, 
that  had  he  understood  me  as  intending  to  assail  him,  he  \»ould  not 
have  replied  to  me  here,  but  most  certainly  have  resorted  to  a 
different  arbitrament  for  satisfaction.  I  leel  called  on  to  declare 
ui  reply,  what  my  colleague,  I  am  sure,  will  not  be  at  all  inclined 

30th  Cono.— 1st  Session— No.  102. 


to  doubt,  that  though  seeking  no  altercation  with  any  one,  when- 
ever he  shall  feel  inclined  to  take  the  course  which  he  has  intended, 
be  will  find  mo  as  ready  to  accommodate  him  as  any  man  in  Chris- 
tendom. 

Mr.  BORL.VND.— A  sense  of  duty  which  I  deem  imperative, 

impels  me  to  say  a  few  words  in  connection  with  this  subject. 

I  do  not  rise  to  present  a  competitoi;  for  the  honor  of  raising  the 
first  American  flag  upon  the  capitol  of  Mexico.  But  as  it  so  hap- 
pened that  the  taking  of  the  City  of  Mexico  fell,  in  part,  under 
my  own  observation,  I  will  state,  very  briefly,  the  I'acts  of  the 
case — as  observed  by  myself ;  leaving  the  reputation  that  may 
justly  belong  to  any  individual  for  a  participation  in  that  affair,  to 
rest  upon  the  facts  as  set  forth  in  the  official  reports  of  command- 
ing officers. 

On  the  13th  of  September,  the  first  division  of  the  American 
army,  commanded  by  Major  General  Worth,  after  gloriously  par- 
ticipating in  the  assault  and  capture  of  Chapultepec,  marched  upon 
the  City  of  Mexico,  by  way  of  the  aqueduct,  and  suburb  of  San 
Cosm<;.  Reduced  by  heavy  losses  in  previous  battles,  (especially 
at  Churubusco,  and  iviolino  del  Uey.)  it  numbered  barely  eighteen 
hundred  men,  of  all  arms.  With  this  small  force,  General  Worth 
fought  his  way,  against  greatly  superior  numlicrs,  Irora  early 
miu-ning,  until  just  before  night-fall,  when  he  confronted  the  main 
liodv  of  the  Mexican  army,  commanded  by  Santa  Anna  in  person, 
at  the  gate  of  San  Cosmt;  ;  and  before  night  had  closed  in,  he  had 
carried  this  strong  and  important  point,  destroying  or  driving  in. 
the  large  Mexican  force,  and  capturing  a  heavy  gun  the  enemy 
were  forced,  in  their  haste,  to  abandon.  Here,  taking  up  his  po- 
sition, and  throwing  forward  the  sappers  and  miners,  under  Lieut. 
Smith,  some  distance  in  the  citv,  he  awaited  the  arrival  of  two 
heavy  guns  he  had  requested  of  the  General-in-Chief.  When 
these — a  ^'t  pounder,  and  a  10  inch  mortar — arrived,  under  Capt. 
Hu^er,  and  Lieut.  Hagncr,  of  the  ordnance,  they  were  placed  in 
posTtion  in  the  gate-way  of  San  CosmC-.  By  the  energy  and  skill 
of  Lieut.  Hayner,  this  was  accomplished  by  9  o'clock  ;  and,  then, 
five  shells  from  the  mortar,  and  three  shot  from  the  24  pounder, 
were  fired  into  the  city,  in  the  direction  of  the  palace.  This 
done.  General  Worth,  with  his  staff,  retired,  to  rest  from  the  se- 
vere faticues  of  the  day,  in  quarters  selected  for  him  about  a  quar- 
ter of  a  mile  within  tlie  gate  ;  and  a  portion  of  his  force  occupied 
a  position  quite  as  far  in  advance.  Thus  placing  the  1st.  division 
of  the  army  some  half  mile  within  the  gate,  and  nearly  in  the 
heart  of  the  citv.  Before  retiring  to  rest,  General  Worth  made 
this  remark  to  the  olficers  about  him  :  "gentlemen,  within  three 
hours,  the  city  will  be  surrendered  to  us  !"  In  remarkable  verifi- 
cation of  this,  scarcely  had  we  fallen  asleep,  when,  at  one  o'clock, 
we  were  aroused  by  a  delegation  from  the  municipal  authorities  of 
the  city,  who  came  to  say  that  Santa  Anna,  his  government,  and 
army  had  fled,  and  the  "city  was  placed  at  our  disposal.  The 
three  shot  and  five  shells  had  carried  terror  and  consternation  into 
the  Mexican  hosts— had  driven  their  President,  his  government, 
and  army,  forth  in  flight,  and  jdaced  their  proud  capital  at  our 
feet!  This  deleaation,  in  charge  of  Capt-  Mackall,  Assistant 
Adjutant  General,  was  despatched  to  the  General-in-Chief,  then 
at  his  quarters  in  Taeubaya-  At  day-light,  (morning  of  the  I4th) 
Capt-  Mackall  returned,'bringing  an  order  to  General  Worth,  to 
move  forward  his  division  as  far  as  the  Alameda,  and  there  wait 
for  further  orders.  This  order  was  promptly  executed.  The  po- 
sition was  taken.  And  while  holding  it,  that  scattering  and  as- 
sassin like  firing  commenced  from  the  house-tops,  the  windows, 
and  the  corners  of  the  streets,  under  which  Col,  Garland  was  shot 
down,  within  a  few  feet  of  General  Worth,  and  which,  continuing 
generally  through  the  day,  killed  and  wounded  many  other  gal- 
fant  officers  and  men.  In  the  meantime,  orders  were  =ent,  by  the 
General-in-Chief,  to  another  distinguished  General,  (Major  Gene- 
ral Quitman,)  who  the  day  before,  along  the  aqueduct  of  Taeu- 
baya, had,  with  unsurpassed  gallantry,  led  his  division  through  a 
perfect  storm  of  lead  and  iron  hail,  to  the  gate  of  Belcu,  and  car- 
ried it  by  assault  ;  himself  among  the  first  to  mount  the  walls. 
The  orders  I  allude  to,  were  that  General  Quitman  should  move 
bis  division,  then  at  the  citadel,  lo  the  national  palace,  or  capi- 
tol Then  it  was,  the  American  flag  was  first  hoisted,  by  an 
American  soldier,  upon  the  walls  of  the  Mexican  capitol  ;  and 
this  there  is  no  doubt,  under  the  immediate  direction  of  Major 
General  Quitman.  ,    „   ,_   ,  ,  ■  , 

What  measure  of  reputation  shall  belong  to  him,  on  the  one 
hand,  who  first  hoisted  our  national  flag  upon  the  walls  of  the 
Mexican  capitol — or  what  to  him.  on  the  other  hand,  who  struck 
the  blow  which  caused  the  enemy  lo  surrender  that  very  capitol 
into  our  hands,  I  undertake  not  to  determine.  To  each,  and  to 
all  who  did  their  duty  in  that  gallant  achievement,  high  honors 
kre  undoutedly  due.  But  the  meed  of  each,  as  compared  with 
that  of  the  other,  has  vet  to  be  awarded  by  the  generous,  yet  dis- 
criminating public  seniiment  of  our  countrymen.  As  a  small  riv- 
ulet to  the'ocean  of  that  sentiment,  I  have  presented,  here,  a  tew 
of  those  particular  incidents,  which  I  saw  with  my  own  eyes, 
which  I  heard  with  my  own  ears,  and  which  will  be  (ound  con- 
firmed by  the  official  reports  of  the  whole  transaction.  Ol  these 
I  make  no  application  here.  They  will  properly  compose  the  ver- 
dure and  the  sheen  of  that  garland  which,  at  another  day.  and 
from  other  hands,  shall  crowii  the  impersonation  of  our  country  s 
glory. 

Mr  DAYTON.— I  think  the  debate  we  have  had  here  illustrates 
verv  clearlv  the  questionable  propriety  of  the  Senate  of  the  United 
States  tafcinf  any  cognizance  of  the  question  at  all.     I  felt.  Irom 


810 


GfiNr.RAL  AND  STAFF  OFFICERS,  ETC. 


[Saturday, 


the  ber;innin!»,  that  even  the  presentation  of  the  flaj  in  this  body, 
was  a'raatter  which  misht  as  well  have  been  omitted,  and  that  it 
-would  have  been  perhaps  a  more  proper  destination,  had  it  been 
sent  by  the  ofiieer  in  command  to  the  appropriate  department^ 
But  having  been  placed  in  the  hands  of  one  of  the  members  ol  this 

.  body  lor  presentation  to  his  committee,  he  certainly  could  jiet  it 
there  only  in  the  mode  which  he  adopted.  And  I  may  add  here, 
that  so  liir  as  re^'ards  cho  records   of  the    Senate,  noihiii';  appears 

.  which  adds  to.  or  ttikcs  away  from  the  merits  of  any  officer  of  the 
army.  The  resolution  has  no  reference  to  General  Twiggs,  Gen- 
cralQuitman.  or  any  one  else;  it  simply  stales  that  this  was  the 
first  national  flag  that  was  raised  over  the  city  of  Mexico.  II  the 
Senator  from  Mississisppi,  [Mr.  Davis.]  rcierrod  in  his  remarks  to 
any  officer  bv  name,  his  colleague  has  now  given  his  version  ol  the 
matter  by  like  remarks.     There  let  the  subject  rest.     With  great 

.  respect  lor  the  opinion  of  others,  1  will  suggest  that  this  whole 
sabject  be  laid  upon  the  table. 

On  motion  by  Mr.  DAYTON,  it  was 

,      Ordered,  That  it  lie  on  the  table. 

WIDOWS  OF  DECEASED  SOLDIERS. 

Mr.  BORLAND,  agreeably  to  notice,  asked  and  obtained  leave 
to  bring  in  a  bill  to  revive  an  act  for   the  relief  of  widow^s  of  de- 
■  ceased  soldiers  ;  which  was  read  the   first  and   second  times,  by 
imanimous  consent,  and  referred  to  the  Committee  on  Pensions. 

GENERAL  AND  STAFF  OFFICERS,  ETC. 

Mr.  BENTON,  from  the  Committee  on  Military  Afl'airs,  to 
whom  was  referred  the  bill  from  the  House  of  Representatives  to 
amend  an  act  entitled  ''An  act  siipplcmenta!  to  an  act  entitled 
'An  act  providing  for  the  prosecution  of  the  e::isting  war  between 
the  United  States  and  the  republic  of  Mexico,' "  and  for  other  pur- 
po-ses,  reported  it  with  the  following  amendment  : 

Line  t.S.  strike  ont  tlie  -.vorrl  "  repealed,"  Mid  insert,  suspended  until  the'  foiirth 
day  of  March.  ei{;lu«n  hundred  aud  tbrty-nme;  Inn  no  vacancy  happeninj;  among 
the  generals  now  in  ser\  ice  tliall,  in  the  mean  time  l)c  filled  up. 

Add  the  Ibllowijg  sections  to  the  bill  : 

Sac.  .iiul  he  it  fiLrlhrr  et)r..:ied.  That  so  much  of  the  iirovisions  of  existiuj  laws  .ts 
'  requires  the  dischar^'e  ot'lhe  olTicers  and  jiriucipal  mnsicians  hereinafter  named  be.  and 
the  -same  is  hereby  suspf-nded  until  the  fourth  of  March  next,  to  wit ;  one  ad'iitional 
major  to  each  reghnent  of  d racoons,  aitillerv.  iufantrv.  and  riflemen,  as  authonzed  by 
•he  third  section  of  ilie  act  of  eleventh  February,  eishfeen  hundtnl  and  Ibrty-seven. 
entitled  "An  act  to  raise,  for  a  limited  time,  an  adtlitioual  military  furee,  and  for  other 
purposes."  two  additional  surgeons  ami  twelve  aildilional  assistant  surgeons,  as  autho- 
rized by  the  eifjhth  section  of  said  ai;t ;  four  rin:irtermaslers  and  ten  assistant  quarcer- 
maslen..  as  authorized  by  the  tenth  section  of  said  act ;  one  assistant  adjutant  general, 
with  the  rank.  &c..  of  a'lieuteant  c:olonel  ol'  cavalry,  and  two  assistant  adjutants  gen- 
lals  with  rhe  brevet  ran]:.  |iay,  andemtduineuts  of  a  captain  of  cavalry,  as  aotliorizrd 
by  the  second  section  of  the  act  of  the  third  Marcli.  eighteen  hundred  and  forty-seven, 
'  eatitled  "An  act  malting  provision  for  an  additional  number  of  general  olficers,  and 
for  other  purposes  ;  two  de[)Uty  paytiiasters  general  and  ten  paymasters,  as  authonzed 
by  the  twelfth  section  of  the  last  luentioned  act ;  and  the  two  principal  musicians  al- 
lowed to  each  regiment  of  artillery,  by  the  eighteenth  section  of  the  last  mentioned 
act,  and  no  vacancies,  happening  under  the  provisions  so  suspended  shall  be  fillerl  uj) 
in  the  mean  time. 

Sec.  3.  .iud  be  ilfxiTthcr  mnCcil.  Thatthe  "oglr.crs."  non-coinmissroned  oflrccrs, 
musicians,  and  privates  en-'aged  in  the  military  service  of  the  United  Slates  in  the  war 
with  Mexico,  and  who  served  out  the  term  of  their  engagement,  or  have  been,  or  may 
be  honorably  discharged,  shall  be  entitled  to  receive  three  mouths'  extra  pay. 

The  .Senate  proceeded  to  consider  the  said  bill  as  in  Committee 
of  the  Whole  ;  and  the  reported  amendments  having  been  agreed 
to,  the  bill  were  reported  to  the  Senate,  and  the  amendments 
were  conctirred  in. 


Ordered,  That  the  amendments  be  engrossed  and  the  bill  read 
a  third  time: 

The  said  bill  -was  read  a  third  time  as  amended. 

Rtsolrtd.  That  this  bill  pass  with  amendments. 

Ordered.  Tha*  the  Secretary  request  the  conc-urrence  of  the 
House  of  Representatives  in  the  amendments. 

-sr.VSHINGTON  GAS  LIGHT  COMPANY. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  ths 
Whole,  the  bill  to  incorporate  the  Washington  Gas  Light  Com- 
pany ;  and,  having  been  amended,  it  was  reported  to  the  Senate, 
and  the  amG;idment  was  concurred  in. 

Ordered,  That  the  amendment  be  engrossed  and  the  bill  read  a 
third  time. 

The  said  bill  was  read  a  third  time  as  amended. 
Rtsolced,  That  this  bill  pass  with  an  amendment. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  the  amendment. 

ARKANSAS    AND    OTHER  VGLtJ.NTEERS. 

The  bill  to  allow  pay  and  subsistence  to  certain  Arkansas  and 
other  volunteers  who  have  been  prisoners  of  war  in  Mexico,  was 
read  the  second  lime,  and  considered  as  in  Corainiltee  of  the  Whole, 
and  having  been  amended,  it  was  reported  to  the  Senate  and  tho 
amendment  was  concurred  in. 

Ordered,  That  this  bill  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time,  by  unanimous, consent,  and 
the  title  was  amended. 

i2£.sn/trfr/.  That  Uiis  bill  pass,  and  that  tlie  title  thereof  be  '"An  act  to  allow  snb- 
sistence  to  certain  Arkansas  andother  v(,lunteer^  who  have  been  prisoners  of  war  in 
Me.xico." 

Ordered.  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

GAMALIEL    TAYLOR. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  for  the  relief  of  Gamaliel  Taylor,  late  marshal  of 
the  State  of  Indiana,  and  his  securities  ;  and,  having  been  amend- 
ed, it  was  reported  to  the  Senate,  and  the  amendments  wore  con- 
curred in. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time. 

R"!tfilvril.  That  it  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  ooncmrence  of  tha 
House  of  Kepreseutatives  in  this  bill. 

E.XECUTIVE     SESSION. 

On  motion  by  Mr.  DOWNS,  the  Senate  proceeded  to  tho  con- 
sideration of  Executive  business,  and  after  some  time  spent  therein. 

On  motion. 

The  Senate  adjourned. 


July  3. J 


THE  ADJOURNMENT  RESOLUTION. 


811 


MONDAY,  JULY  3,  1848. 


CREDENTIALS. 

Mr.  UNDERWOOD  presented  the  credenlials  nf  the  Honora- 
ble Thomas  Metcalfe,  appointed  .Senator  hv  the  Governor  of 
the  Commonwealth  of  Kpntucky,  to  fill  the  vaeaney  occasioned 
by  the  resignation  of  the  Honorable  John  J.  Crittenden, 

The  credentials  were  read,  and  the  oath  prescribed  bv  law  hav- 
in<»  been  administered  to  Mr.  Metcalfe,  ho  took  his  seat  in  the 
Senate. 

petitions. 

Mr.  NILES  presented  a  petition  of  citizens  of  Allegheny  coun- 
ty, Pennsylvania,  praying  a  reduction  of  the  rates  of  postage,  and 
the  discontinuance  of  the  franking  privilege. 

Ordered,  That  it  lie  on  the  table. 

Mr.  TURNEY  presented  a  petition  of  citizi'ns  of  Tennessee, 
praying  the  establishment  of  a  mail  route  from  Smithville  to  Bol- 
ton's store,  in  that  State  ;  which  was  referred  to  the  Committee 
on  the  Post  Office  and  Post  Roads. 

ADJOURNMENT    OVER. 

On  motion,  it  was 

Ordered,  That  when  the  Senate  adjourn,  it  be  to  Wednesday 
next. 

MESSAGE  FROM   THE    HOUSE. 

The  following  me.ssage  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

3If.  President :  I  am  directed  to  ret urti  tn  the  Senate,  agrecabjv  to  tbetr  reqneit,  llie 
bill  entitled  "An  act  for  ttie  relief  of  :?talker  and  Hill." 

The  Speaker  of  the  House  of  Representativp;  having  signed  tliree  enrolled  hilN 
aild  an  enrolled  resolution,  I  am  directed  to  bring  them  to  the  Senate  for  tlitr  signature 
of  their  President. 

SIGNING    OF    BILLS,    ETC. 

The  VICE  PRESIDENT  signed  the  three  enrolled  bills  and 
the  enrolled  resolution  above  mentioned. 

RF.D    KIVER    RAILROAD    COMPANY. 

Mr.  HUNTER,  from  the  Committee  on  Finance,  to  whom  was 
referred  the  bill  from  the  House  of  Representatives  for  the  relief 
of  the  Red  river  railroad  company,  reported  it  without  amend- 
ment. 

GEOGRAPHICAL    .SURVEY    AND    EXPLORATIONS. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  submit- 
ted a  motion  that  a  report  of  the  Secretary  of  the  Treasury,  ac- 
companied by  a  report  of  the  geographicarsurvevand  explorations 
in  the  Chippewa  district  of  Wisconsin  and  tht'  northern  part  of 
Iowa,  wall  diagrams  and  illustrations,  be  printed,  and  that  two 
thousand  additional  copies  be  printed  for  the  use  of  the  Senate  ; 
and  the  motion  was  agreed  to. 

SUSPENDED    PRE-EMPTION    LAND    CLAIMS. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  reported 
a  bill  to  extend  an  act  entitled  -'An  act  pi-oviding  for  the  adjust- 
ment of  all  suspended  pre-era|)tion  land  claims  in  the  several  States 
and  territories,  approved  3d  August,  1846;"  which  was  read  and 
passed  to  the  second  reading. 

SCHOOL    LANDS    IN    ARK.VNS.^S. 

Mr.  BORLAND,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  petition  of  citizens  of  Aricansas  in  relation  to 
school  lands,  submitted  a  report  uci;oinpanied  by  a  bill  allowing 
exchanges  of,  and  granting  additional  school  land's  in,  the  State  of 
Arkansas. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

ADVERSE    REPORT. 

Mr.  DOWNS,  from  the  Committee  on  Private  Land  Claims,  to 
whom  were  referred  sundrv  petitions  of  settlers  on  public  lands  i:i 
Illinois,  praying  the  enactment  of  a  law  to  quiet  their  title*,  sub- 
mitted an  adverse  report  ;  which  was  ordered  to  be  printed. 

PRIVATE    BILL. 

Mr.  ATCHISON,  from  the  Committee  on  Indian  Affairs,  to 
whom  was  referred  the  bill  iVora  the  House  of  Representatives  ftir 
the  relief  of  the  legal  representatives  of  Joshua  Kennedy,  deceas- 
ed, reported  the  same  without  amendment. 


MESSAGE    FROM   THE     PRESIDENT. 

The  following  message  was  received  from  President  of  the  Oni- 

ted  States,  by  Mr.  Walker,  his  Secretary  : 

Mr.  President  :  The  President  of  Uie  United  States  approved  and  nicned.  (he  30tli 
.fnne.  a  resolution  autltoriv.ins:  the  presentation  to  the  government  of  France  ofasc 
ries  of  the  standard  wcif^hfs  and  measures  of  the  United  States,  and  for  other  jiutfio- 
ses  ;  and,  llie  Istinr-lnnt,  the  act  for  the  relief  of  fto»rt.ffr/f  settleri  under  the  acts  foi 
the  armed  occupation  and  settlement  of  a  part  of  the  territorj-  of  Florida. 

THE    ADJOURNMENT    SESOLDTION. 

The  Senate  resumed  the  consideration  of  the  resolntion  passed 
by  the  House  of  Representatives,  fixing  a  day  for  the  adjournment 
of  Congress. 

Mr.  MANGUM, — When  this  question  was  last  before  the  Sen. 
ate,  it  will  be  remembered  that  the  Senator  from  Mississippi,  aban- 
doniiis  the  tone  and  character  of  the  debate,  which  had  been  con- 
cise, business-like,  and  strictly  conlined  to  the  consideration  of  the 
most  appiopriate  dav  to  adjourn,  having  reference  to  the  stale  of 
the  business  before  Congress — gave  an  entirely  new  direction  to 
it,  and  pushed  insinuations  quite  offensive  to  the  »elf-respecl  of 
those  to  whom  they  might  be  supposed  to  apply. 

Although  extremely  anxious  to  avoid  any  discursive  and  desul- 
tory discussion,  touching  mcio  party  questions,  and  the  positioa 
antl  views  of  Presidomial  candidates,  yet  I  was  constrained  to 
deny  promptly  and  peremptorily  that  the  whig  party,  or  that  I  as 
one  of  that  party,  was  unwilling  to  meet  any  question  pending  he- 
tore  Congress.  It  will  be  remembered  that  the  Senator  from  Mis- 
sissippi at  once  e.xcmpted  mo  from  the  category  of  timid  and 
shrinkins  whigs,  who  were  unwilling  to  laee  all  their  res- 
ponsibilities, but  still  persisted  in  the  justice  of  his  insinuation 
a'^ainst  others,  and  entered  upon  a  wide  and  extended  field  of  ag- 
gressive party  debate,  and  by  a  series  of  interrogatories  addressed 
to  me  personally,  thrown  ont  with  a  somewhat  triumphant  air, 
fastened  upon  nic  this  discussion,  whieli  I  could  not  have  avoided, 
without  seeming  to  shrink  from  an  investigation  of  whig  principles 
iind  whig  pretensions. 

I  rearei  that  this  subject  has  been  called  up  so  early  to-day,  and 
before  the  Senator  from  Mississippi  has  taken  his  seat,  because  it 
will  be  remembered  that  when  I  gave  way  on  a  former  day,  at  a 
late  hour,  for  adjournment,  I  was  in  the  course  of  pi-eseniiiig  a  se- 
ries of  interrogatories  to  the  honorable  Senator — and  whether 
those  questions  contained  matter  somewhat  embarrassing,  or 
whether  the  gentleman  was  taken  somewhat  by  surprise,  or 
whether  he  was  not  in  his  usual  frank  and  communicative  vein,  I 
certainly  received  very  little  light  from  his  answers — they  were, 
to  mv  mind,  wholly  inexplicit  and  unsatisfactory.  I  had  hoped 
that  if  the  honorable  Senator  were  in  his  place,  after  the  lapse  of 
several  days  of  consideration  and  inquiry,  he  might  have  found 
himself  enabled  to  relievo  me  from  tins  course  of  interrogation, 
which  is  somewhat  troublesome  to  myself  and  annoying  to  the 
Senate,  althouab  the  result  of  such  questioning  may  prove  of  some 
interest  to  the  country.  After  having  given  explicitly  and  frankly 
all  the  mforraation  that  I  possessed  in  regard  to  tlie  views  of  Gen. 
Tavlor  upon  various  subjects,  I  thought  it  necessary  to  present 
sorne  interroctatories  in  reaard  to  the  opinions  of  General  Cass, 
because,  looking  at  the  positions  uf  the  two  gentlemen,  it  is  mat- 
ter of  interest  to  the  peojile  of  the  United  States,  that  their  views 
and  opinions  should  be  understood.  I  have  inquired  the  opinions 
of  General  Cass  in  regard  to  internal  improvements — the  improv- 
ing of  harbors  in  our  great  inland  se.is,  and  the  removing  of  ob- 
structions in  the  Mississippi  and  its  great  tributaries,  and  I  have 
received  no  information  from  the  Senator,  excepting  the  very  gen- 
eral, and  to  me,  unsatisfactory  statement,  that  General  Cass 
stands  upon  the  provisions  of  the  constitution. 

Passinn-  from  this  subject  to  that  which  the  Senator  from  Missis- 
sippi seems  to  regard  as  of  the  very  greatest  interest  at  this  period 
that  which  is  termed  the  Wilmot  proviso — 1  endeavored  to  ascer- 
tain what  were  General  Cass's  views  in  relation  to  that  subject, 
and  was  told  by  the  Senator  that  those  views  had  been  explicitly- 
presented  to  the  country  in  a  letter  addressed  to  Mr.  Nicholson, 
of  Tennessee,  and  that  there  could  be  no  doubt  in  regard  to  them. 
I  replied  that  I  had  not  read  that  letter— I  meant  no  disrespect, 
but  averse  to  useless  labor — I  had  waited  for  the  last  edition.  I 
have  sat  by  as  a  calm  spectator — I  have  seen  waves  of  opinion 
followed  by  waves  of  opinion,  modified,  reformed,  and  sometimes 
reversed— the  political  phantasmagoria  having  just  amused  a  some- 
what listless  attention,  as  in  boyhood  one  has  sat  and  watohed 
summf  r  evening's  clouds  in  their  ever  varying  and  fanta.~tic  lorms— 
their  bodies  of  shadow  edged  with  brilliant  sunlight— all  unsubstan- 
tial and  full  of  change.  Imaaino  these  waves  in  their  eager  chase 
one  after  another,  to  be  frozen  as  suddenly  as  a  tlash  of  electricity, 
then  you  have  sometbina  vou  can  steadily  contemplate.  So,  when 
General  Cass,  in  his  lettVr  of  acceptance  of  his  nominat.oa  for  the 
Presidency,  by  the  Baltimore  convention,  announced  that  "  this 
letter,  gentlemen,  closes  ray  profession  of  political  faith,"  1  con- 


812 


THE  ADJOURNMENT  RESOLUTION. 


[Monday, 


sidered  this  last  edition — "  the  Nicholson  letter" — as  final,  as  ste- 
reolypi-'d.  As  at  our  last  meetinir  on  this  subject,  I  received  no 
\\^h\  from  the  Senator  from  Mississippi,  but  barely  a  reference  to 
this  letter,  I  have  since  read  it  and  studied  it  witii  care.  I  must 
recard  it  as  definitely  fixinj;  General  Cass's  position  on  this  ques- 
tion. He  declines  f^iving  further  answer;  this  closes  his  "profes- 
sion of  political  faith."' 

Let  us  examine  this  letter,  and  the  principles  contained  in  it 
with  care  and  with  candor.  This  brings  me  tn  bcsrin  where  I  left 
otf  the  other  day — what  are  the  views  and  principles  of  General 
Cass  on  the  matter  of  this  proviso  ?  My  proposition,  one  that  I 
shall  maintain  beyond  the  possibility  of  refutation,  evasion,  or  es- 
cape— that  I  shall  demonstrate  conclusively  to  every  fair  and  un- 
biassed mind,  is  that  General  Cass,  in  the  ''Nicholson  letter,"  has 
evaded  the  only  •'  real  issue"  on  this  subject,  and  left  the  puiilic 
vi'holly  in  the  dark  in  regard  to  his  opinions.  And  here,  undoubt- 
edly I  shall  be  a  little  tedious,  but  1  beii  the  Senate  to  bear  with 
me,  as  I  mean  to  be  particular  and  exact. 

To  arrive  at  conclusions  on  this  subject,  precise  and  satisfactory, 
it  is  necessary  to  have  fixed  in  the  mind  the  exact  and  precise 
points  in  controversy  between  the  North  and  the  South. 

There  is  no  controversy  between  the  North  and  the  South  in  re- 
lation to  slavery  as  it  exists  in  the  slaveholdins  States  in  the  South 
and  West.  The  North — I  mean  the  whole  North — with  the  ex- 
oeption  of  that  band  of  mad  and  wild  fanatics,  who  would  dtse- 
crate  and  destroy  the  constitution  to  accomplish  the  immediate 
abolition  ol  slavery;  and  their  numbers  and  their  influence  are  be- 
lieved to  be  small  and  comparatively  insicnificant — I  say  the  whole 
North — the  intelligent,  the  wise,  the  patriotic,  the  law-abidinar  and 
constitution  loving  jieople  of  the  North — are  impressed  with  a  deep 
sense  "  that  domestic  slavery  is  one  of  the  greatest  of  evils,  both 
moral  and  political."  This  conviction,  1  cannot  doubt,  they  hon- 
estly entertain,  yet  the  whole  North,  with  the  exception  referred 
to,  stands  upon  the  compromises  of  the  constitution  upon  this  sub- 
eet.  They  occupy  the  ground  taken  by  Mr.  Webster  in  his  celer 
brated  speech  in  reply  to  Mr.  Hayne,  delivered  ia  the  Senate  of  tjie 
United  States,  in  January,  1830,  to  wit :  ,  i  „■     :     .-:-,:",:.;>  ■,■.  t 

"  There  is  not,  .ind  never  has  been,  in  tlie  Nortlt  a  disposition  to  interfere  with  tliese 
interestsof  tlie  Soutlt.  Piich  interference  ha*  never  been  siipiiosed  to  be  williin  tlie 
power  of  government,  nor  has  it  been,  in  .iny  way,  attempted.  Tlie  slavery  of  the 
Somli  has  always  been  regarded  as  a  matter  of  domestic  policy,  left  with  the  States 
themselves,  and  with  whicli  the  federal  governnif-nt  had  notliing  to  do.  Certainly, 
sir,  (said  Mr.  Webster,)  I  am.  and  ever  have  been,  of  that  ojtinion."  "  The  domes- 
lie  slavery  of  the  South  I  leave  v\  here  I  find  it,  in  the  hands  of  their  own  governments. 
It  is  their  affair,  not  mine." 

These  opinions  are  in  exact  accordance  with  the  plain  meaning 
and  intent  of  the  constitution  of  the  United  States,  and  inexact 
conformity  with  the  opinions  of  a  committee,  consisting  of  tix 
northern  men  out  of  seven  in  the  House  of  Representatives,  to 
wliom  the  subject  was  referred  in  179U,  and  to  the  resolve  of  that 
same  House  of  Repre.sentatives,  passed  in  that  year,  in  the  follow- 
ing words  : 

"  Refio/v^d.  That  Congress  have  no  authority  to  interfere  in  the  em:inci[)ation  of 
slaves,  or  in  llie  Ireatmenl  of  them  in  any  of  the  States,  it  remaining  with  tlie  several 
.Slates  to  provide  roles  and  regulations  therein,  which  humanity  and  true  policy  may 
require.'' 

These  are  now  the  opinions  of  the  North. 

I  have  heard,  in  this  chamber,  no  opinion  avowed  by  any  one — 
nor  in  the  midst  of  the  excitements,  and  irritations,  and  jealousies 
arising  out  of  the  annexation  of  Texas — nor  out  of  the  Tilexican 
war,  which  was  supposed  to  be  begun  and  prosecuted  with  pur- 
poses of  territorial  aer|uisition,  have  I  heard,  or  heard  of,  anv 
opinion  expressed  in  this  chamber,  or  in  the  other  branch  of  Con- 
gress, or  in  any  other  respectable  quarter  in  the  North,  in  opposi- 
tion to,  and  in  conflict  with,  the  true  and  plain  meaning  of  the  res- 
olution just  referred  to,  or  at  variance  with  the  clear  and  explicit 
remark's  of  Mr.  Webster,  just  cited. 

There  is,  then,  iherefore,  no  controversy  between  the  North 
and  South  in  legard  to  slavery  in  the  States  of  this  Union.  When, 
therefore,  General  Cass,  in  his  "Nicholson  letter,"'  avers  that  the 
federal  government  has  "  neither  the  richt  nor  the  power  to  touch 
it  (slavery)  whei'e  it  exists"  in  the  States,  he  does  no  more  than 
avow  an  opinion  held  in  common  by  every  Senator  in  this  chamber. 
I  regret  not  to  see  the  Senator  from  New  Hiimpshire,  [Mr.  Hale,] 
in  his  seat.  Were  be  here,  I  should  take  the  liberty  of  asking  him 
whether  ho  dissents  from  the  opinion  of  Mr.  Cass,  and  I  am  sure 
his  answer  would  be  in  the  negative,  as  I  cannot  be  mtstaken  in 
my  recollection  of  h.iving  heard  the  Senator  from  New  Hampshire 
avow  ihat  opinion  on  several  occisions  during  the  present  session. 

What,  then,  is  the  "  real  issue"  between  the  North  and  South  > 
It  is  not  in  regard  to  slavery  in  the  Stales.  It  is  wholly  tiiid  ex- 
clusively confined  to  slaves  in  the  territories  belonging  lo  the  peo- 
ple of  tile  United  States,  and  which  territories  it  is  alleged  are 
held  by  tliis  government  in  trust  for  the  uso  and  common  benefit  of 
the  people  of  all  the  States.  The  North,  very  generally,  are  op- 
posed to  the  extension  of  slavery,  and  particularly  to  its  introdtie- 
tion  into  territory  where  it  has  hitherto  not  existed — as  for  instance 
into  Oregon  and  the  territory  acqiiireil  by  the  late  treaty  with 
Mexico — to  wit.  New  Mexico  and  Calll'ortiia.  The  people  of  the 
North  very  generally  assert  the  puwor  of  Contre>s  under  the  con- 
stitution to  apply  to  those  territories  the  ordinance  of  1787,  mow 
commonly  called  the  Wilmot  proviso,)  apjilied  to  tlio  terrUory 
northwest  of  the  Ohio,  to  wit : 

"  That  there  shall  be  n-'ither  slavery  nor  invohintary  servitude  in  either  of  the  said 
lerttloriee.  tor  Stotes,  when  they  shall  become  such. )  oiIlt^:^vne  llian  in  pnuUhrat-ut  of 
prime,  whereof  the  party  shall  have  been  vonvicted  " 


The  South,  on  the  contrary,  very  generally  assert  that  Congress 
has  no  power  to  legislate  touching  the  territories,  the  common 
property  of  all  the  people  of  all  the  States,  in  such  manner  as  to 
exclude  citizens  of  fifteen  Stales  of  the  Union — the  .slaveliolding 
States — from  emigrating  to  these  territories  with  their  slave  pro- 
perty. The  South,  it  is  believed,  is  not  unanimous  in  the  denial 
of  the  power  of  Congress,  but  approximate  unanimity  in  the  asser- 
tion, that  such  legislation  against  the  will,  and  without  the  assent 
of  the  South,  would  be  flagrantly  unjust  or  eminently  inexpedient. 
For,  say  they,  territory  acquired  by  a  common  sacrifice  uf  blood 
and  treasure,  and  held  as  the  property  of  all,  should  not  be  so  go- 
verned as  to  exclude  ihe  citizens  of  one-half  the  States  of  the 
Union,  unless  they  sacrifice  their  property  in  their  .slaves. 

This,  tlien,  is  the  real  issue.  No  one  aflirms  the  proposition 
that  Congress  can  interfere  in  any  way  with  slavery  in  those 
States  where  it  now  exists;  nor  do  any  dispute  the  power  of  a 
sovereign  State  to  introduce  and  establish  slavery  within  her  limits, 
if  it  be  her  sovereign  will  and  pleasure  to  do  so.  The  real  ques- 
tion is  therefore  confined  to  the  territories.  The  question  recurs, 
w-hat  are  General  Cass's  views  on  this  subject?  .Vs  far  as  I  have 
been  able  to  trace  the  history  of  his  opinions,  I  find  that  some  two 
years  ago,  he  was  openly,  avowedly,  and  zealousy  a  Wilmot  pro- 
viso man.  His  declarations  were  strong  and  unreserved  in  this 
chamber,  not  in  speeches,  but  in  conversations  publicly  held 
with  gentlemen  of  all  shades  of  party  politics.  The  declarations  of 
the  Senator  from  New  Jersey,  [Mr.  Miller,]  made  this  day,  are 
full  and  conclusive  to  that  poin;.  They  are  but  the  repetition  of 
declarations  made  in  the  presence  of  General  Cass  on  a  former  oc- 
casion in  this  chamber,  and  in  public  debate — emphatically  invok- 
ing his  attention,  and  meeting  neither  denial,  explanation,  or  apol- 
ogv.  That  they  are  accurately  stated,  is  strongly  confirmed  by 
the  admsssion  of  General  Cass  in  his  '"  Nicholson  letter,""  that 

"  He  was  strongly  impressed  svith  the  opinion  that  a  great  change  had  been  going  bu 
in  the  public  mind  upon  this  subject,  in  his  own  as  well  as  others." 

The  next  historical  trace  that   T  find,  is  in  General  Cass's  vote 

upon  the  three  million  bill  in  the  winter  of  1847.  He  voted  against 
the  proviso:  and  I  find  that  his  biographer,  in  "  a  sketch  of  his 
life  and  public  services,"  printed  in  June,  1848,  treats  the  subject 
so  as  to  leave  room  for  a  fair  inference  that  he  voted  against 
It,  not  because  he  was  opposed  to  the  principle,  hut  because  it 
was  out  of  place  in  that  bill.     The  biographer  says  : 

"TlieWilmnf  proviso  was  introduced  into  the  Senate  as  an  amendment  to  the 
three  million  bill,  by  a  federal  Senator  from  New  England.  The  design  of  the  mover 
was  eviiieiitly  to  defeat  the  bill  to  which  u  was  lo  be  attached,  and  to  embarrass  ttie 
admini.^tralion  in  the  prosecution  of  the  war.  tjeueral  Cass  voted  against  the  proviso 
for  reasons  ^-risen  in  his  speech  on  the  occasion.'* 

I  have  not  found  any  published  speech  on  that  occasion.  He, 
liowever.  had  evidently  somewhat  cooled  down  his  fierv  zeal, 
if  he  had  not  to  some  extent  modified  his  earlier  opinion!  The 
uext  and  final  trace  of  General  Cass's  views  is  to  be  found  in  the 
"  Nicholson  letter,"  and  what  is  that  ? 

1st.  That  Congress   cannot  touch  ihe  subject  of  slavery  in  the 
Stales.     Messrs.  Giddings,  Hale,  and  all,  agree  with  hini  in  that. 
2d.     In  respect  to  the  territories,  he  says  : 

"Briefly,  then,  I  am  opposed  to  the  exercise  of  jurisdiction  by  Congress  over  this 
mailer,  and  I  am  in  favor  of  leaving  lo  the  |ieople  of  anv  territory,  which  may  be 
h.-reallc-r  acquired,  the  right  lo  regulate  it  for  themselves  under  the  general  principles 
of  the  constitution  ;  because  I  do  not  see  in  tlie  constitution  any  grant  of  the  requisite 
jiovcerlo  Congress." 

Upijn  a  hasty  or  careless  reading  of  the  foregoing.  General  Cass 
would  seem  to  stand  side  by  side  with  .southern  men,  and  to  have 
adopted  the  prevailing  opinion  of  the  South.  But  it  is  not  so.  It 
is  manliest  evasion  ;  and  why  !  Because,  under  our  system  and 
unvarying  practice,  a  territorial  council  or  legislature  can  be  ore- 
atecl  only  by  act  of  Congress,  in  the  form  of  an  organic  law.  The 
territorial  government  can  do  nothing  unless  by  the  assent  of  Con- 
gress previously  or  subsequently  given.  Yet  General  Cass  is  "  in 
favor  of  leaving  to  tho  people  of  any  territory'"  this  great  question. 
He  cannot  leave  it  to  the  people  of  the  territory  ;  and  why  ?  Be- 
cause they  cannot  act,  unless  first  upon  authority  given  by  Con- 
gress, and  that  act  of  Congress  must  be  approved  by  the' Presi- 
dent. Can  General  Cass,  as  President,  approve  such  act  of  Con- 
gress ?     Not  at  all  ;  and  why  ?     Because  he  declares 

— "  he  is  opposed  lo  the  exercise  of  jurisdiction  of  Congress  over  Ihe  matter — thai  lie 
does  not  see  in  Ihe  couslituliou  any  grant  of  llie  reiinisite  jiower  lo  Congress.'* 

Or,  secondly,  the  people  of  tho  territory  cannot  act,  unless  with 
the  subsequent  approval  of  Congress. 

Take  New  Mexico  :  Their  territorial  government  abolishes  and 
)irohiliits  slavery,  the  Congress  of  the  United  Slates  concurs,  and 
the  act  t'ocs  lo  the  President.  What  would  Gen.  Cass  do  in  such  a 
ease  ^  Suppose  the  opposite:  New  Mexico  recognizes  and  establish- 
es slavery.  Congress  concurs,  and  the  act  goes  to  tb.e  President. 
What,  in  this  case,  would  General  Cass  do  ?  In  both,  or  either, 
he  must  meet  tho  acts  with  his  veto  ;  and  why  ?  Because,  in  his 
opinion.  Congress  has  no  jurisdiction  over  the  matter,  and  of  course 
he  cannot  approve  an  act  having  no  warrant  in  the  constitution. 
What,  then,  is  the  consequence  of  these  opinions  of  General  Cass  ? 
It  is  tiiat  every  act  of  the  people  ol  a  territory,  whether  atliiina- 
tively  <ir  negatively,  on  the  subject  of  slavery,  must  be  annulled  by 
the  President's  veto.  What  beautiful  conlusion  will  arise  out  o'f 
this  masterly  statesmanship  f  Sir.  a  gentleman  must  be  hard 
pushed  when  driven  to  such  a  resort  ;  the  responsibility  must,  in 
his  mind,  be  fearful  when  he  shuns  a  question  of  such  magnitude, 
by  throwing  it  npon  the  people  of  New  Mexico,  and  such  a  peo. 
pie  !  the  definitive  settlement  of  these  questions — they  having  no 


July  3.] 


THE  ADJOURNMENT  RESOLUTION. 


S13 


power  to  settle  tliem — questions  that  are  said  almost  to  shake  the 
jiillars  of  tliis  <j[lorious  Union. 

But  suppose  the  people  of  New  Mexico  had  the  power  to  settle 
these  questions,  with  what  adrniratinn  must  we  contemplate  the 
profound  wisdom  and  consummate  statesmanship  of  Genoral  Cass 
m  devolving  upon  such  a  people  the  adjustment  of  these  sreat  stir- 
ring and  agitalinff  questions  !  Who  and  wliat  are  the  people  of 
New  Mexico?  The  entire  population  is  either  hlaok  or  mixed— 
the  hlaeli  with  Indian  or  the  oriainal  Peons,  the  most  abiert,  dei;ra- 
ded.and  debased  race  in  all  Mexico — in  morals  scarcely  above  the 
brutes — in  intelligence  depressed  to  nearly  the  lowest  point  of  ra- 
tional creatures  In  the  whole  of  New  Mexico — of  course  inclu- 
ding Santa  Fe — I  have  been  informed  by  the  Senator  from  Mis- 
souri [Mr.  Be.vton]  that  but  a  sinprle  white  man  was  resident 
at  the  openinfr  of  the  war.  I  need  not  say  to  this  Senate  that 
the  Senator  from  Missouri  is  perhaps  the  very  best  informed  man  ui 
this  body  upon  all  matters  concerning  New  Mexico  and  California. 
And  yet  to  these  people  and  to  this  population  Gen.  Cass  would 
leave  the  adjustment  of  these  clidiculr  maffers,  that  are  to  endure, 
not  only  for  this  ceneration,  but  in  all  future  time  Is  it  because 
they  are  better  judges  in  these  matters  than  those  who  occupy 
these  halls  of  Congress,  or  the  people  of  tins  Union  ?  Or  is  it  be- 
cause it  is  the  only  device  by  which  a  gentleman  rather  hanl 
pressed  by  a  dangerous  question  can  escape  responsibility  !  It  is 
a  most  bunglmg  device  ;  it  deceives  no  one.  The  very  boys  in  the 
streets  would  laugh  it  to  scorn. 

Mr.  HANNEGAN. — Do  I  understand  the  honorable  Senator  to 
say,  that  Mr.  Cass,  if  elected  President,  can  tnke  no  other  course 
in  accordance  with  the  principles  contained  in  his  letter,  than  to 
veto  the  Wilmot  proviso  if  it  should  be  adopted  by  Congress? 

Mr.  MANGUM. — He  can  take  no  other  course  if  he  follow  the 
principles  laid  down  in  his  letter  ;  and,  moreover,  veto  every  thfng 
done  by  Congress  or  the  territories,  cither  in  favor  of,  or  against 
slavery. 

Mr.  HANNEGAN.— Does  the  Senator  from  North  Carolina 
urge  that  as  an  objection? 

Mr,  MANGUM, — 'That  is  another  question.  We  have  been 
taunted  with  supporting  a  candidate  who  has  no  opinions  on  the 
subject,  or  at  least  without  knowing  what  his  opinions  are.  I  meet 
that  taunt  by  showing  that  General  Cass  stands  exactly  no  where 
upon  the  subject,  and  although  our  southern  friends  are  flattering 
themselves  with  the  idea  that  we  are  to  get  a  President  who  is  not 
hostile  to  the  South,  they  are,  in  point  of  fact  lalioring  under  a 
delusion.  Mr.  Cass  has  not  committed  himself  at  all  upon  this 
question.  But  General  Cass  stands  not  only  upon  this  letter,  but 
also  upon  the  *'  ]>latform  "  of  the  d^iocratic  jiarty.  as  laid  down 
by  the  Baltmiore  convention.  Let  us  examine  that  and  (General 
Cass's  connexion  with  it,  to  ascertain  whether  any  thing  appears 
there  to  extricate  hira  from  mysticism. 

In  the  first  place  I  will  read  from  Mr.  Cass's  letter  of  accept- 
ance, to  show  that  all  the  dogmas  and  canons  of  his  party,  as  set 
forth  in  that  platform,  are  by  him  fully  and  unreservedly  recogni- 
zed and  adopted.     He  says  : 

"  I  have  rarefully  read  the  resolutions  ol'the  rlemorratic  national  convention.  laviiiij 
down  the  ))latl'orin  ol'  onr  pohtical  failh,  and  t  adiiere  to  them  as  tirmly  ar.  I  approve 
tiiero  cordially. " 

Now,  let  us  see  what  this  platform  is.  I  may  sav  in  advance, 
in  pretty  nearly  the  language  of  an  ingenious  and  gifted  friend  of 
mine,  that  all  the  principles  and  dogmas  contained  in  it  may,  with 
sufficient  aecuracv  for  all  practical  purposes,  be  referred  to  three 
tdasses  :  1st.  Afhrmations.  that  nobody  denies  ;  2d.  Negations, 
mat  no  one  controverts  ;  3d.  Resolutions  and  declarations,  that  no 
one  believes.  I  think  it  probable  that  my  ingenious  friend  would 
refer  to  the  last  class,  all  those  resolutions  and  avowals  of  conti- 
dence  in  the  capacity,  firmuoss,  integrity,  energv,  ability,  and  wis- 
dom ^)f  this  administration  so  signally  displayed  in  all  our  aflTairs 
at  home  and  abroad.  The  truth  is,  it  consists  of  little  more  than 
barren  generalities,  high-sounding  professions  and  ingeniously 
turned  periods,  in  which  it  is  as  difficult  to  find  any  thing  precise, 
explicit,  and  exact,  as  it  is  to  ascertain  General  Cass's  opinions 
upon  the  Wilmot  proviso. 

But  to  the  platform.  I  will  read  the  ~lh  canon.  It  is  in  these 
words  : 

^*"  Tliat  Congres-ihas  no  power  nnderthe  oonstiliition  to  interfere  m  itli  or  control  the 
domeslic  inslilulioniof  the  several  Slates,  and  that  snch  Slalei  are  the  sole  and  pro- 
per jud^jes  of  every  thine;  appertaining  lo  their  own  atVrui-s.  not  prohihiled  liy  the  con- 
stitDtion  ;  th.'it  all  eflbrts  of  the  abolitionists  and  others,  made  to  indnce  Congreji  to 
interfere  w.th  qnestions  ol*  slavery,  or  to  talie  ineipiervl  step^  in  relation  thereto  an? 
calculated  to  Lad  lo  the  inosl  alarnring  and  dangerous  consequences  ;  and  that  all 
such  ettorts  have  an  meviiahle  tendency  todiniini>h  the  happiness  of  the  people  and 
endani'er  the  stahdity  and  permanency  of  the  Union,  anti  ought  not  to  be  eounle- 
uanced  by  any  tVicad  of  our  polilical  institutions." 

It  will  be  remembered  that  this  is  a  precise  copv  of  the  canon 
of  1844,  and  that  again  of  the  canon  of  1S40,  The  democratic 
party  has  professed  steadily  and  consistently  for  eight  years  the 
principles  contained  in  this  canon.  I  feel,  therefore,  bound  injus- 
tice to  retract  something  of  what  I  said  the  other  day,  of  the  ]iso- 
gressive  democracy  calling  in  every  six  months  or  so,  their  politi- 
cal architects  to  consti-uct  a  new  platform  as  the  old  one  became 
too  narrow,  or  otherwise  unfit  for  their  incessant  shillings  and 
changes,  gyrations,  marchings,  and  counter-m.archings  in  their  po- 
litical drama.  One  reads  this  canon  with  a  sort  of  admiration,  it 
is  so  precise  ! — so  explicit ! — so  peculiar  to  the  partj' !  And  tlicn 
it  is  so  catholic,  so  national,  so  conservative,  so  patriotic  !  Can 
any  one  who  loves  his  country  feel  less  than  respect  and  gratitude 


to  the  democratic  party,  which  spreads  so  broad  a  shield  over  the 
domestic  institutions  of  the  South  ?  Why  cannot  the  whig  parly 
cherish  a  like  comprehensive  patriotism  ?  Why  leave  to  the  de- 
mocratic party  the  exclusive  merit  of  guarding  our  southern  hearths 
and  firesides?  of  protecting  the  weaker  sex  or  sleeping  infancy  in 
the  silent  watches  of  the  nicht,  from  the  torch  of  the  incendiary 
and  the  knife  of  the  assassin  ?  Why  cannot  the  whigs  come  and 
stand  upon  this  platform  I  The  deinocratic  answer  is  ready.  It 
is  our  ground,  not  whig  ground  ;  it  is  a  part  of  the  pure  democra- 
cy, it  is  ours,  wholly  ours,  exclusively  ours,  and  peculiar  to  us  and 
10  our  creed.     Let  us  see. 

I  find  in  the  journal  of  the  House  of  Representatives  of  the  first 
session  of  the  2Sth  Congress,  page  476,  that  Mr.  Campbell,  on  the 
26lh  February,  1S44,  moved  the  following  resolutions  : 

"  Itesolved,  That  justice  and  sound  poli'-y  (orlrid  Ihe  federal  government  lo  fo.,tei 
one  branch  of  industry,  to  the  detriment  of  another ;  or  to  cheristilhe  interests  of  one 
portion,  to  the  injnrv  of  anolher  poTlioii  of  onr  common  country  ;  lliat  es'ers'  citizen 
and  every -section  of  the  country  lias  a  ri;.'ht  to  demand  and  iitiist  upon  an  e(]ualilycl 
ri»lits  and  privileges,  and  to  a  complete  anil  ample  protection  of  persons  and  property 
Ironi  domestic  violence  orforti,:u  acercssion. 

"  Resolved,  That  Conffress  Iiiis  no  pov.'«r,  nnrler  Ihe  conslilution,  to  interfere  willi 
or  control  the  domestic  inslilntions  of  the  several  Slates  ;  and  that  such  Stales  aretlie 
lole  -aud  proper  Judf^e?  of  every  tiling' appertaining'  lo  their  ovs  u  afTairs,  not  pioliihileil 
by  llteronsliUition  :  that  all  efforts  of  tlie  Hholitionisls  or  others,  made  10  iiidilee  Cou 
sress  to  interfere  with  questions  of  slaveri'.  or  to  tcke  incipient  step*  in  relation  there 
to.  are  calculated  lo  lead  to  the  most  alarming  and  dangerons  consequence*  :  and  that 
ail  such  etlbrts  have  an  inevitable  tenilency  to  diminish  tlic  happiness  of  the  people, 
and  endaityer  the  stability  and  |)f;nnanency  of  the  Union,  and  ought  not  to  be  coun 
tenanced  by  any  friend  of  our  political  institutions.'" 

It  will  be  perceived  that  these  resolutions  are  identical — word 
for  word  with  the  4lh  and  7th  canons  of  this  vaunted  democratic 
platform  ;  that  the  first  resolution,  which  is  identical  with  the  4th 
canon,  contains  the  peculiar  doctrine  of  the  democratic  party  on 
the  subject  of  "black  and  abominable  tarill's,"  and  it  contains  the 
whole  of  their  dcctrine  which  they  boast  as  theirs  exclusively. — 
The  resolutions  were  divided,  and  the  vote  was  taken  upon  the 
first  part  of  the  first  resolution,  in  the  words  following  : 

^^Eesolved,  That  justice  and  sound  policy  forbid  the  federal  covernnient  to  foster 
one  branch  of  inihislry  to  the  delrinient  of  another;  or  to  cherish  the  interests  oi  one 
portion  to  the  injury  of  another  poition  of  our  coiiiiiiou  country." 

What  do  you  suppose,  Mr.  President,  was  the  vote  on  this  ques- 
tion? You  suppose,  of  course,  that  none  but  democrats  voted  *br 
it.  It  being  a  part  of  the  4th  canon  of  the  democratic  platlorm, 
is  therefore  peculiar  to  the  party.  But  the  journal  tellsadifTerent 
tale.  The  vote  stood,  yeas  Itili,  nays  4.  The  entire  whig  party,  with 
the  exception  of  four,  voting  for  this  exclusive  democratic  doctrine. 

The  question  was  then  put  on  the  remainder  of  the  first  resolu- 
tion in  these  words: 

"Tliat  every  citizen  of  every  section  of  the  country  has  a  right  to  demand  and  insist 
upon  an  equality  of  riglits  and  privileges,  and  lo  a  complete  and  ample  protection  of 
person  and  property  from  domeslic  violence  or  foreign  aggression." 

Upon  this  qneslion,  this  exclusive  democratic  doctrine,  strange 
to  tell,  the  vote  was  unanimous;  yeas  172,  nays  00.  So  much  for 
this  resolution.  Does  not  every  one  see  that  it  is  couched  in  ternis 
so  general,  so  inexact,  so  unspceifie,  that  no  one  can  find  a  ground 
for  disagreement.  Th;s,  perhaps,  should  exciie  the  suprise  of  no 
one.  A  party  so  progressive,  so  full  of  change,  so  perpetually 
tossed  on  the  waves  of  excitement  and  of  laeiion,  ought  to  leave 
themselves  sufficient  "'sea-room.''  It  is  provident,  as  being  politic; 
it  is  commendable. 

Mr.  FOOTE. — I  would  like  to  ask  the  Senator  a  question  if  he 
will  allow  me.  I  wish  to  know  if  he  did  not  untlcrstand  that  the 
tariir  of  1842  was  a  whig  measure;  and  secondly,  if  he  believes 
that  the  whigs  in  two  years  discarded  their  former  doctrine? 

Mr.  MANGUM. — As  to  the  first  question,  whether  the  whi;;s 
voted  lor  the  tarifl'of  '42.  I  say,  1  think  they  did  generally.  But 
it  was  not  a  regularly  formed  bill — it  was  truncated.  .\nd  as  to 
the  second  question,  1  say  I  do  not  think  that  their  doctrines  un- 
derwent any  chanje,  but  on  the  contrary,  that  they  were  stead- 
fast and  firm  in  their  principles  in  regard  to  this  subject.  What  I 
meant,  and  what  I  mean,  I  htive  already  indicated.  It  is  that  this 
platform,  so  gravely  exhibited,  is  unworthy  of  respect;  if  it  be  not 
mischievous,  it  is  at  least  ridiculous,  as  putting  lorih  noTliing  that 
any  sensible  man  will  seriously  controvert.  If  it  have  not  the  merit 
of  meeting  the  universal  acceptance,  it  has  not  the  dignity  of  pro- 
voking the  slightest  serious  opposition. 

Mr.  FOOTE. — I  wish  testate  a  fact  if  the  Senator  will  allow  me, 
and  I  am  sure  he  does  not  wish  to  deal  unfairly  with  us,  that  if  he 
will  consult  the  National  Intelligencer  and  all  the  leadinir  whig 
papers  for  the  year  1844,  he  will  find  that  in  accordance  with  the 
declarations  of  the  distinguished  Senator  from  Massachusetts,  and 
the  distinguished  Senator  from  Delaware,  and  of  the  eloquent  and 
distinguished  exponent  of  the  whig  principles,  Henry  Clay  himself, 
that  in  1S44,  the  issue  between  tiie  two  great  political  parties  was 
whether  the  tariH'of  '42  should  be  retained  or  not.  Now  the  ques- 
tion I  desire  to  put  is,  does  he  or  does  he  not  recognize  the  tarirt' 
of  '42  as  a  regularly  agreed  upon  measure  of  the  great  whig  parly 
of  that  period?  If  he  answers  affirmatively,  then  I  have  only  to 
say  that  as  the  two  parlies  harmonized  in  1.844.  a  ■rreat  change 
must  have  taken  place  in  the  whig  party.  There  is  not  now,  I  am 
sure,  a  whig  who  dares  to  speak  in  terms  of  respect  ol  the  taritt' 
of  '42. 

Mr.  MANGUM. — The  Senator  is  misiakcii  in  his  last  remark, 
wholly  mistaken.  In  regard  to  the  tariff  of  '42  being  an  issue  be- 
tween the  parties  in  tho  Presidential  election  of '44,  I  think  it  was 
very  generally  so  in  the  southern  States  and  in  some  other  quarters, 


814 


THE  ADJOURNMENT  RESOLUTION. 


fMoNDAY, 


It  certainly  was  not  so  in  the  great  State  of  Pennsylvania,  for  lie- 
siiles  liavinff  passed  by  the  vote  of  her  favorite  son,  Mr  Biiclianan, 
I  havo  heard  from  undoubted  sources — (and  you  Mr.  President,  can 
correct  nie,  if  I  err) — that  the  battle  cry  of  the  democratic  leaders 
in  Ihe  Keystone  was  the  "tarifi'of  '42;"  "Pollt,  Dallas,  and  tlie 
tariff  of  '42"  was  thrown  to  the  breeze  on  many  a  democratic  ban- 
ner— ir  cave  ornament  and  attraction  in  clarins  capitals  to  many 
a  demoeralic  placard — it  was  embalmed  in  poetry  and  democratic 
sontj,  and  it  was  commended  in  enthusiastic  and  burniiiix  eloijuenee 
by  democratic  orators  to  thronj^s  of  thousands  and  tens  of  thou- 
sands of  democratic  voters,  whose  responsive  enthusiasm  burst  out 
m  shouts  loud,  lonp,  and  yet  prolonged  huzza,  huzza  for  *'Polk, 
Dallas,  and  the  tarilTof  '42." 

Nor  do  I  yet  suppose  it  was  an  issue  in  the  State  of  New  York. 
The  late  Silas  Wright,  the  tirst  favorite  of  the  State  had  voted  for 
it.  Ho  was  lirought  forward  bv  the  democracy  for  the  first  olliee 
in  the  State  in  '44,  and  was  elected.  I  can  hardly  think  the  demo- 
cracy much  denounced  that  tariff  while  enthusiastically  supportinE; 
its  ablest  advocate.  Sir,  the  Senator  must  lemember  the  "Kane 
letter."  That  tells  the  whole  tale.  It  was  not  desiijned  to  be  an 
issue  m  the  regions  where  that  letter  was  most  circulated.  Sir, 
let  me  remark  as  to  that  tariff,  that  before  it  was  passed,  the  shi|) 
of  State  was  aground,  the  national  fisc  was  paralyzed;  this  vast 
country,  with  its  vast  resources,  was  as  powerless  as  a  stranded 
whale;  the  emissaries  of  an  exhausted  and  hungry  treasury  were 
hawkins;  its  credit  at  every  money  counter  in  America  and  in  Eu- 
rope; they  were  repulsed  empty-handed  with  contempt,  with  setirn, 
or  with  derision;  every  proud  American  felt  the  humiliation  as  a 
brand  burning  into  the  bone — the  tariff  was  passed — the  whole 
scene  was  chanLTcd.  Public  credit  was  re-established;  busincs.-; 
readjusted,  and  a  sudden  spring  given  to  the  prosperity  of  the  coun- 
try wholly  unparalleled.     I  am  not  now  going  into  that  subject. 

Let  me  return  to  the  next  resolution  and  the  7th  canon  of  the 
platform. 

The  question  then  recurred  on  the  first  clause  of  the  second  res- 
olution, in  these  words: 

-Rffofferl.  That  Tongress  lias  no  power  nnder  tlie  constitution  to  interfere  \vil)i  or 
control  tlie  liomeslic  institutions  of  tlie  several  States,  and  tital  sucll  States  are  llie  sole 
anil  proper  judges  of  ever;  tiling  appertaining  to  tlieir  own  affairs  not  prohibited  by  the 
constitution." 

This  clause  passed  by  a  vote  of  151  yeas,  to  2  nays.  I  find  that 
Messrs.  Giddikgs,  Joh.n'  P.  Hale,  Preston  King,  and  every 
other  northern  man  save  two,  voted  for  this  clause  of  the  canon 
set  forth  in  the  democratic  platform,  as  being  of  such  potency  lu 
protect  and  preserve  the  slave  institutions  of  the  South. 

The  ([uestion  was  then  put  on  the  remainder  of  the  resolution, 
in  these  words: 

"Tliat  alt  elTorts  of  the  aholitionlsts  or  others  made  to  induce  Congress  lo  inlcrfeie 
with  ipiestioos  ol' slavery,  or  lo  lake  incipient  steps  in  relation  Iherelo,  are  calculatp't 
lo  lead  10  Ihe  mo-l  alarming  and  dangerous  consequences;  and  ihar  all  sncll  etVorls 
have  an  inevitable  tendency  lo  diminish  the  happiness  of  the  people,  and  endanger  the 
stability  and  pernianency  of  Ihe  Union,  and  ought  not  be  countenanced  by  any  fiieud 
of  our  pohlical  in^tiiulions.'' 

This  clause  also   passed — yeas  128,  nays  23,  by  the  vole  of  the 

.  great  mass  of  the  whig  party,  and  so  little  was   this  regarded  as 

anything  peculiar  and  exclusive,  and  so  unmeaning  vias  it  deemed 

.  that  I  find  among  the  yeas  the  names  of  John  P.  Halk.  Preston 

■  King,  as  well  as  others,  whigs  and  democrats,  that  are  known  to 

entertain   IVelings  of  deep  hostility  to  the  institutions  of  slavery. 

If  such  be  the  merits  of  the   democratic  platform  upon   the  two 

'  great  questions,  the  tariff'  and  slavery,  its  value  upon  minor  ijues- 

lions  may  he  ejisily  estimated. 

I  return  to  General  Cass  and  the  Wilmot  proviso.     The  "Nich- 
olson letter'*  leaves  us  in  the  dark.     The  jihitform    holds   nothing 
10  aid  us.     The  Senator  from  Mississippi  stands  mute  or  speaks  in 
■i  oracles  as  unintelliirible  and  as  inconipreliensihle  as  are   the  opin- 
ions of  General  Cass  himself.     Embarrassed  as  I  am,  anil  utterly 
at  a  loss  how  further  to  proceed  in  these   hitherto    unavailing   in- 
quiries, it  is  barely  possible  that  I  hold  in  my  hand  what  may  show 
i  that  I  ara  engaged  in  a  wild-goose  chase,   that  1  am  in   search  of 
the  philosoper's  stone,  that  I    am  vainly  attempling  to  grasp   an 
5  evanescent  shadow,  in  short,  that  I  am  loukin;:  for  an  opinion  where 
none  exist,  or  if  it  exist,  it   lies  hidden  in  the  deep,  dark  and   si- 
J  lent  recesses  of  the  mind  that  formed  it.     It  is  a  very  curious  thing 
that  I  am  about  to  present  to  our  friends  of  the  deiuoeratie  pariv. 
Mr.   President,  do  you  recollect   anything  of  the   "Kane   letter?" 
The  fruits  of  that  letter  were  so  perfectly  miraculous:  the  electing 
of  a  man  who  in  his  wildest,  inuod  had  never  dreamed  of  such  ele* 
'    vaiion  over  the  head  of  the  foremost  man  of  the  age— I  say,  such 
were  the  fruits,  that  a  hold,  reckless,  sagacious,  I  will  not  say  un- 
scrupulous party  would  not  be  likely  to  abstain  fiom  the  use  of  like 
1    means,  when  working  heart  and  soul  for  ti  like  result.     No,   sir. 
J    Here  is  a  second  edition  of  the  "Kane"  principle.     Principles,  says 
the  Senator  from  Mississippi,   aro  indestructible,   eternal.     I  sup- 
pose  that  may   be  irnc,  whether    good  or  had.     The  latter  in  the 
Hands  of  skilful,  adroit  and  unprincipled  tacticians,  are  capable  of 
an  inlinito  variety  of  applications,  and  with  a  little  ambi-dexterity 
such  as  that  which  once  appeared  in  a  "Kane  letter,"  may  be  re- 
vived as  at  once  ornamental  and  useful  in  the  lile  of  a  distinguished 
statesman.    I  hold  in  one  hand,  "A  sketch  of  the  life  and  public  ser- 
1    vices  of  General  Lewis  Cass."     I  hold  in  tlie  other,  "A  sketch  of 
the  life  and  public  services  of  General  Lewis  Cass." 

Mr.  FOOTE.— Where  were  they  published? 
Mr.  MANGUM. — They  were  published   at  the  Congressional 
Globe  office,  Jackson  hali,  D.  C,  price  00  cents  per  hundred  to- 
"•pies,   ' 

,Sl'    i„    ..  '.  . 


Mr.  FOOTE. — Will   the  Senator  inform  me  where  he  obtained 
them? 

Mr.  MANGUM. — It  is  sufficient  that  I  have  them.  The  Globe 
office  will  not  dare  deny  tlieir  i>ublieation  there;  their  types  speak 
the  truth,  and  if  needs  tie,  there  is  other  evidence  at  hand.  One  of 
the  pamphlets  has  written  upon  it  "North,"  the  other  "South." 
One  is  evidently  designed  for  a  northern  latitude  and  the  other  for 
a  southern.  The  one,  as  I  supppose,  desiirned  for  the  North  eon- 
tains  on  the  last  page  an  eloquent  outburst  of  Mr,  Cass  on  the 
Mexican  war.  in  reply  to  some  poor  remarks  of  mine.  I  yvill  not 
detain  the  Senale  by  reading  them,  as  we  have  all  been  thrilled 
and  electrified  by  thent  heretofore.  It  contains  also  on  the  same 
pace  fl  Ions  extract  from  a  speech  delivered  by  Mr.  Cass,  at  Odd 
Fellows  Hall  in  this  city,  at  a  meeting  held  to  express  the  sympa- 
thies of  the  Amerii-an  people  with  the  people  of  France  upon  the 
result  of  the  late  French  revolution.  It  also  has  on  the  same  page 
an  account  of  Mr.  Cass's  nomination  for  the  Presidency,  with  some 
remarks  upon  his  qualifications,  public  services,  his  age,  his  virtues 
and  his  manners,  but  not  one  word  on  the  "Wilmot  proviso."  On 
the  preceding  page  there  is  a  very  slight  notice  of  Mr.  Cass's  vole 
on  the  three  million  hill  in  the  winter  of  1847,  and  against  the  at- 
taching of  the  (iroviso  to  that  bill,  from  which  the  inference  is  fair 
and  jilain  that  he  voted  against  it,  because  it  was  out  of  place 
there  and  for  that  reason  only.  The  other  pamphlet  desisned,  as 
I  suppose,  for  the  South,  has  on  the  last  page  the  same  remarks 
by  Mr.  Cass  in  reply  to  me;  nothing  upon  the  subject  of  the  French 
revolution.  But  the  "Vv'ilmot  proviso"  and  his  opinions  on  it  are 
strongly  and  impressively  noted  bv  the  biographer,  with  a  com- 
mentary calculated  to  mislead  the  public,  utterly  false  in  its 
reaso,  ing  and  conclusion,  as  I  trust,  I  have  conclusively  shown 
in  a  preceding  portion  of  my  remarks.  The  pamphlets  are  in 
all,  other  respects,  as  far  as  I  have  been  able  to  see,  identical, 
precisely  alike.  I  read  what  is  found  in  this  pamphlet  for  the  South 
on  the  "Wilmot  proviso."     It  is  as  follows: 

"In  December.  1947.  General  Cass  gave  his  views  at  length  upon  the  "Wilmot  pro 
viso,"  in  a  letter  to  Mr.  Nicholson,  ot'  Tennessee.  In  that  letter  he  avowed  himself 
opposed  to  llie  measure,  and  lo  the  e\eicise  of  any  legislation  by  Congre-ss.  over  any  of 
the  lerriloiies  olllie  United  States,  respecting  the  domestic  relations  of  their  inhabi 
lanls.  He  believed  that  all  questions  of  thai  nature  should  be  settled  by  the  people 
Iheniselvcs,  who  ought  to  be  allowed  "lo  regulate  their  inlernal  concerns  in  ihcirown 
\vn\'."  and  that  Congress  has  no  more  power  lo  abolish  or  establish  slavery  in  such  ter- 
ritories than  ir  has  lo  regulate  any  oilier  of  the  relative  duties  of  social  lile — that  of  hus- 
band anil  wile,  of  parent  and  child,  or  of  master  and  servant.     He  said,  in  conclusion: 

"  "Tiie  'Wilmot  proviso"  seeks  to  take  lV(.iii  Us  legitimate  tribunal  a  ijueslion  of  do- 
mestic policy,  having  no  relation  lo  the  Union,  as  such,  and  lo  transfer  it  to  another, 
created  by  the  people  for  a  -s[iecial  |iur|iOse.  and  foreign  to  the  subject  matter  involved 
III  this  issue.  IJy  going  badt  to  our  true  principles,  we  go  back  lo  the  load  of  peace 
and  safely.  Leave  lo  the  peofile,  who  will  be  allected  by  this  question,  lo  adjust  it 
upon  Iheii  own  responsibility  and  in  llicir  own  manner,  and  we  sball  render  auothe. 
tribute  10  Ihe  original  principles  of  our  government,  and  furnish  aoultier  guaranles  for 
IIS  perraaneiice  and  prosperity."  ' 

Mr.  FOOTE. — Does  the  Senator  charge  that  there  is  any  re- 
pugnancy or  copfiicting  principles  in  the  two  pamphlets? 

Mr.  MANGUM, — They  do  not  come  in  conflict,  for  one  takes 
the  roud  directly  to  the  North,  the  other  the  shortest  cut  for  the 
South, 

Mr.  FOOTE.— Does  the  meaning  conflict? 

Mr.  MANGUM. — The  meaning  of  the  two  is  not  at  all  coinci- 
dent. Thev  do  not  approximate  each  other  on  the  "proviso;" 
there  is  no  similitude  on  that  subject:  there  is  manifest  incongruity, 
and  I  think,  antagonism.  In  the  pamphlet  for  the  North  Gener.il 
Ca,>s  is  represented  as  voting  asiainst  the  "proviso,"  because  of- 
fered by  a  federal  Senator  from  New  England,  with  a  view  of  em- 
barrassing the  administration  in  a  vigorous  prosecution  of  the  war. 
We  all  know  that  General  Cass  in  season  and  out  of  season,  whe- 
ther sleeping  or  waking,  always  went  for  a  "vigorous  prosecution 
of  the  war."  Why,  I  can  almost  fancy  that  I  now  see  the  late 
Senator  Cass  rising  from  his  seat,  with  his  good-natured  face 
sliglitly  touched  with  a  shade  of  anxiety,  and  moving  "the  post- 
jionement  o['  the  previous  order,  and  to  proceed  to  the  considera- 
tion of  the  ten  regiment  bill,"  and  if  opposed,  lean  almost  see  the 
slight  air  of  bustle  very  slightly  tinging,  I  don't  say  detracting, 
from  his  bearing,  invariably  courteous  and  gentlemanlike. 

Mr,  HANNEGAN, — AV'iU  the  Senator  allow  me  two  or  three 
worils.  as  I  have  been  notified  that  at  the  close  of  his  speech  ano- 
ther bill  will  be  called  up,  and  1  shall  not  then  have  an  opportu- 
nity of  making  any  observations?  I  trust  the  Senator  will  not,  for 
one  moment,  suppose  that  either  General  Cass,  or  any  friend  of 
his,  would  ever  countenance  the  publication  of  documents  for  one 
region  of  country  ditfercnt  Iroin  those  published  for  another,  1 
know  not  wheiu-e  these  two  doi-iiments  proceeded,  nor  by  whose 
authority  they  were  publishctl,  but  I  am  authorized  to  assure  the 
honorable  .^i-naior  that  the  Congicssiinijil  coiiimittee,  appointed  to 
prepare  and  publish  ilocunienls,  have  nothing  lo  do  with  any  thing 
of  the  kind  ;  on  the  contrary,  they  have  unanimously  and  express- 
ly declared  that  no  document  should  go  out  with  their  authority 
that  was  not  intended  fur  each  and  every  part  of  the  Union,  Cau 
the  whig  party  make  a  similar  declaration? 

Mr,  MANGUM, — I  am  rot  at  all  surprised  at  any  sensibility 
that  is  exhibited  by  the  Senator  from  Indiana.  I  should  (eel  it  my- 
self. But  I  have  advanced  no  charge  against  General  Cass  that 
he  had  any  parliciiiancy  in  any  such  meditated  fraud.  Nor  have 
I  any  reason  to  believe  that  such  is  the  case.  As  to  what  gen- 
tlemen may  do  in  this  House  or  the  other,  I  know  nothing.  I  do 
kuovv,  however,  that  here  is  a  plain,  palpable  case  of  meditated 


JCLT    3.] 


THE  ADJOURNMENT  RESOLUTION. 


815 


fraud — one  of  Rreat  enoimitv— seeking  to  mislead  and  delude  the 
peole  upon  matters  of  the  highest  delicacy  and  greatest  impor- 
tance to  their  interests. 

While  your  jails  and  penitentiaries  groan  with  culprits,  con- 
victed of  '■  false  pretences  and  frauds"  in  Iriliing  peuuniarv  mat- 
ters, what  ousht  to  be  done  wilh  the  vile  malefactor  who.  hv  fla- 
gitious frauds  like  this,  cheat  the  people,  not  out  of  a  few  shiifinas, 
hut  out  of  their  dearest  rights,  in  matters  li.uching  their  private 
happiness  and  the  puhlie  prosperity?  " 

Here  ;'.i  e  the  pamphlets — I  hand  them  over  fo  the  gentleman  to 
examine— hoping  they  may  be  able  to  investigate  the'"lVaud,  trace 
it  to  lis  source,  drag  the  guilty  culprit  from  his  hiding  place, 
and  expose  him  and  his  infamy  to  the  scorn,  the  hisses,  anu  the 
contempt  of  the  public. 

Mr.  FOOTE.— The  letter  of  General  Cass  respcctin::  the  Wil- 
mot  provi-so  was  written  as  earlv  as  Decemher — long  aTuerior  to 
the  French  meeting— and  I  would  ask  ihi;  Senato",  as  a  candid 
man,  if  it  is  not  reasonable  that  the  friends  of  General  Cass  should 
desire  to  promulgate  his  views  and  opinions  in  regard  to  the 
French  revolution  ;  and  \i-hether  that  is  not  sulfitient  ? 

Mr.  MAKGUM. — I  ceriainly  think  it  would  be  very  proper  in  a  life 
of  General  Cass,  published  as  late  as  June.  lS4i,  a  reference  should 
be  made  to  his  views  upon  the  late  French  revolution.  Tliey  could 
not  have  been  referred  to  in  the  March  edition.  But  I  do  not  sec 
the  prcipricty  of  excluding  from  the  June  pamphlet  all  the  matter 
contained  in  the  March  edition  upon  the  ■'  V.'ilmot  proviso" — a 
question  so  widely  agitating  and  deeply  dividing  the  public  opinion. 

I  cannot  conceive  how  the  biographer  should  have  deemed  a 
sympathizing  speech  of  more  moment  to  the  public,  in  a  sketch  of 
the  life  of  a  candidate  for  the  Presidency,  than  his  views  upon  a 
great  and  ab-orbing  question,  that  some,  in  the  excess  of  their 
alarms,  imiL'ine  may  shake  the  pillars  of  the  Union.  It  cannot  be 
so.  The  purpose  must  have  been  sinister^a  fraud  was  meditated. 
To  shake  the  pillars  of  the  Union  !  The  "  Wilmot  proviso"  to 
shake  the  pillars  of  the  Union  !  I  feel  no  such  apprehension. 
These  fears  are  idle — they  are  ridiculous.  This  Union,  tliank  God, 
is  not  in  the  keeping  of  ambitious  political  aspirants  or  disappointed 
politicians.  This  great  work  of  Washington  and  his  compat- 
riots— the  ark  of  our  safety — sprinkled  with  the  best  blood  of  the 
Revolution,  consecrated  in  the  afTections  of  our  eounlrvmen — this 
Union,  iu  its  strength  and  its  grandeur  will  repose  upon'  the  hearts 
of  twenty  millions  of  freemen  ;  and  when  faclionists,  agitators, 
and  conspirators  shall  assail  it,  will  remain  as  firmly  and  ipiiellv 
seated  on  its  foundation  as  do  the  eternal  Alleganics'in  the  midst 
of  a  transient  summer  tempest. 

Sir,  1  am  a  southern  man.  iilentitied  with  southern  institutions  ; 
I  take  a  common  destiny  with  my  countrvmen,  whether  for  weal 
or  for  woe  ;  I  would  live  or  I  wonid  die,  as  I  trust,  by  the  side  of 
ray  counirymen  upon  f.  proper  occasion  ;  but  as  to  tliis  "  Wilmot 
proviso,"  as  a  practical  question.  I  regard  it  as  of  exceedingly  slijht 
importance.  I  stand  by  the  rights  of  the  South  ;  I  repel  tTiis 
"  proviso,"  as  implying  an  offensive  disparagement  :  I  resist  it,  as 
having  no  warrant  in  the  constitution,  in  good  faith,  or  in  equal 
justice.  But  what  is  it  after  all  ?  Of  what  practical  importance 
is  it?  Where  can  it  apply  to  the  real  detriment  of  southern  inter- 
ests ?  Can  New  Mexico  bceomo  a  slaveholding  country  ?  A 
succession  of  bleak  and  sterile  hills  and  volcanic  mountains — fit  only 
for  pastoral  life  or  mining  ojierations- — with  no  land  for  cultivation 
save  only  the  narrow  valley  of  the  Rio  Grande,  which  winds  its 
•way  as  a  riband  amongst  rocks,  barren  hills,  and  rug!;ed  and  bare 
volcanic  mountains  ;  and  that  valley  packed  with  a  population  for 
two  hundred  years  beyond  the  capacity  of  the  soil  to  supjmrt  but 
for  the  flocks  and  herds  that  wander  and  browze  amonii  the  hills 
and  mountains.  Sir,  talk  not  of  periling  this  Union  for  New  Mexico, 
or  the  whole  of  Mexico,  or  the  whole  w  ide  world.  This,  the  home  of 
our  fathers,  great,  free,  and  happy — our  own  hnpjiy  home — the  home 
we  would  transmit  to  our  children — to  peril  this;  and  for  what?  For 
lands,  that  no  wise  man  desired.  No,  sir  ;  I  had  rather  see  Now 
Mexico  and  California  eni:julfed  bvan  earthquake,  receded  to  Santa 
Anna,  or  held  in  independence  by  its  own  degenerate  population  ; 
I  had  rather  see  any  or  all  of  these  than  to  disturb  deeply  the  har- 
mony of  this  Union.  Our  first  duty  is  at  home  ;  our  mission  is  "  to 
promote  the  general  welfare,  to  Ibrm  a  perfect  Union,  and  to  secure 
the  blessings  of  liberty  to  ourselves  and  our  posterity."  To  peril 
this  Union  !  To  destroy  it !  It  cannot  be  done.  I  have  an  abidin;.', 
never. falling  confidence  in  the  virtue,  good  sense,  and  patriotism 
of  our  people  to  defend  and  preserve  it  against  all  its  enemies,  for- 
eign or  domestic.  Sir,  what  virtuous  man  who  loves  his  country, 
and  is  proud  of  its  glories  and  renown,  could  sulTcr  lh?t  image  uf 
its  greatness  that  he  bears  about  with  him  in  his  heart  to  be  dash- 
ed to  the  earth  as  a  mirror,  and  shivered  to  pieces,  each  fragment 
reflecting  but  the  broken  fragments  of  ilivisions,  sections,  and  States 
of  this  once  glorious  and  happy  republic  ?  None,  not  one  ;  for  all  the 
broad  lands  that  all  the  empires  of  all  the  earth  could  give  him.  But, 
sir,  I  quit  this  topic.  I  had  no  idea  of  touching  it.  My  business 
just  now  is  with  much  smaller  things — '' rfe  minimis,"  I  talk. 
Well,  sir,  there  was  another  question  I  asked  the  other  day.  I 
got  no  answer — none  that  I  could  understand.  I  asked  what  werg 
Mr.  Cass's  views  on  the  subject  of  internal  improvement  ? 

Mr.  HANNEGAN.— What  are  General  Taylor's  views  on  that 
subject  ? 

Mr.  MANGUM. — Genera!  Taylor  will  leave  that  subject  to  the 
wisdom  and  sound  discretion  of  Congress.  I  propounded  the  in- 
terrocatory  the  other  day  to  the  Senator  from  Mississippi.  What 
would  General  Cass  do  with  the  river  and  harbor  bill  !     I  suppose 


Mr.  Cass  is  in  quite  a  dilemma.  I  believe  he  has  uniformly  voted 
lor  all  ihc  internal  improvement  bills.  If  I  am  in  error,  I  beg  his 
friends  to  correct  me.  He  certainly  voted  lor  that  harbor  bill 
which  met  Mr.  Polk's  veto.  But  then  he  was  free— he  was  not  in 
chains— he  had  not  voluntarily  assumed  the  fetters  of  the  Balti- 
more platform.  What  would  he  do  no-.v  with  that  bill  ;  or  rather 
what  could  ho  do  »     In  the  platform  I  find  the  following  canon  : 

•  Tli«t  lli5  constitution  ilo<-5  not  lonfi-t  on  llie  gpneral  fov.rnmcnt  the  power  to 
commpnce  and  carry  on  a  geiitial  sjjicni  ofinlcinal  inii  rovtmenu."      . 

This,  like  the  rest  of  that  inimitable  platform,  is  quite  general 
and  indetinite  enouiih.  But,  unlortunaiely  for  Mr.  Cass,  Mr.  Polk, 
who  gave  in  his  adhesion  to  this  article,  has  given  his  exposition 
•of  it  by  vetoiiis  the  harbor  bill  that  Mr.  Cass  voted  for.  NotwiiU- 
sianding  great  and  extensive  clamor  against  Mr  Polk's  veto,  the 
Baltimore  convention  rcadopted  this  canon,  and  approved  bv  reso- 
lution Mr.  Polk's  conduct.  Mr.  Cass  has  L'iven  in  his  adhesion  to 
this  creed  ;  and  now  what  can  he  do?  Of  course,  in  like  ease, 
exactly  what  Mr.  Polk  did.  I  trust  this  is  not  a  case  where  Mr. 
Cass,  by  virtue  of  bis  former  votes,  is  to  stand  in  the  North  and  on 
the  lakes  as  an  internal  improvement  man.  and  in  the  South,  par- 
ticularly in  the  Ancient  Dominion,  as  a  straiirht-laced  "J«  and  '99 
man — out  and  out  against  all  internal  improvements  by  the  gene- 
ral government.  In  decency,  I  feel  bound  to  suppose  that  Mr. 
Cass  will  adhere  to  the  principles  of  the  platform  ;  and  where  they 
are  a  little  Delphic,  that  contemporaneous  expositions  will  bo  his 
guides  So,  if  this  '■  wave  of  opinion"  is  hard  fro/.en,  and  shall 
never  thaw  under  the  sun  of  popularity  or  the  wooings  of  soft 
breezes,  coming  up  the  great  Mississippiand  its  great  tributaries, 
we  may  set  down  Mr.  Cass  as  against  river  and  lake  harbor  im- 
provements. 

But,  sir,  these  matters  are  of  comparative  insignificance.  My 
objection  to  the  elei-tion  of  Mr.  Cass  to  the  Presidency,  takes 
a  hiiiher  and  wider  range,  and  is  connected  with  higher  and  graver 
matter.  I  consider  him  as  the  true  representative  of  ihevvorst, 
type  of  democracy — of  that  portion  of  it  which  1  regard  as  fraught 
with  most  danger  to  the  peace,  prosperity,  and  enduring  glory  of 
the  country.  After  all  we  have  seen,  who  could  hope,  in  the  event 
of  the  elevation  of  General  Cass  lo  the  Presidency,  that  we  could 
pass  through  the  lour  years  of  his  administration  without  being 
involved  in  one  or  more  wars  ?  Ojiinion  throughout  the  world  is 
in  strange  and  Icarlul  commotion — portentous  of  change — deep, 
radical,  and  sanguinary.  Speculations  bold,  daring,  audacious  are 
aimini'  to  sap  the  foundations  of  oxislinL'  political  systems,  and  aro 
threatening  with  disiuiegration  the  social.  The  power  of  the  press, 
iu  conjunction  with  the  exani|ile  of  the  onlv  really  free  polilieal 
and  civil  institutions,  are  just  beginning  to  be  lelt  and  developed. 
That  power  and  that  example  will  go  on  working  their  wonders. 
The  results  will  be  seen  iu  the  fall  of  dynasties,  the  crushing  of 
thrones,  and  the  topplintr  down  of  monarchies  and  despotisms. 
1  he  upheavings  of  that  great  down-trodden  mass  of  human  beings, 
like  the  fabled  Enceladeus,  may,  in  their  frantic  writhings  and 
contortions,  throw  up  and  broadcast  over  Europe,  the  smoke,  the 
ashes,  the  tires,  and  the  burning  lava  of  revolution.  The  first 
great  shock  has  been  felt,  and  thrones,  and  cloud-capped  lowers, 
and  gorgeous  palaces  have  passed  away  and  disappeared.  There 
is  now  a  troublous  and  fearful  pause  in  this  great  phenomenon. 
The  heart  of  Europe  quakes  in  the  fear  of  the  unknown  future. 
May  (iod,  in  his  kind  providence,  bring  order  and  liberty  out  of 
this  wild  chaos  of  stru^'glc  and  of  passion.  What  may  not  be  feared 
when  these  down.tr<idden  millions  shall  have  severed  their  chains, 
and  burst  from  their  manacles,  feeling  a  buoyant  sense  of  enlarije- 
ment;  untaught  in  the  simplest  elements  of  regulated  liberty,  feel- 
ing a  keen,  stinging  sense  of  revenge  for  past  oppression  :  and 
more,  a  consciousness  of  irresistible  physical  power?  What  mav 
not  be  feared  ?  Is  there  any  satisfactory  ground  to  believe  or  to 
hope  ihat  Europe  will  not,  at  no  ilistant  day  either,  be  enveloped 
in  war  ?  In  that  event,  what  should  be  the  policy  of  this  country? 
It  has  been  marked  out  by  the  great  Washington.  Is  that  policy 
likely  to  be  respected  by  the  proud,  the  passionate,  and  the  reck- 
less progressive  democracy  ?  At  such  a  crisis  is  it  safe  to  elevate 
to  the  Presidency  the  one,  more  than  all  others,  representing  that 
type  of  the  democracy  ?  What  is  the  distinctive  characteristic  of 
that  ]iorlion  of  ihe  democracy  that  Mr.  Cass  most  truly  represents? 
What  is  it  as  exhibited  steadily  and  uniformly  during  this  admin- 
istration ? 

It  is  "jealous  of  honor  and  quick  to  insult."  It  is  aSL'rcssive, 
reckless,  grasping,  and,  I  fear,  rapacious.  It  is  addicted  to  quar- 
rel with  stro.ig  proclivities  to  violence  and  excess.  Bearing  itself 
boldly,  haughtily,  and  otfensively,  with  a  courage  that  never  quails, 
with  a  rashness  that  defies  danger,  and  whose  maxims  scorn  to 
oount  the  cost  in  life,  in  money,  or  in  good  repute  in  the  world, 
when  stimulated  by  jiassion  or  impelled  by  popular  cupidity.  This 
bold,  aggressive  spirit  first  disclosed  ilsell  in  the  Oregon  contro- 
versy. Mr.  Cass  was  thoroughly  identified  with  the  extremest 
views  on  that  subject.  The  question  had  been  under  diseu.ssion 
for  more  than  tweniy  years  between  the  British  and  American  go- 
vernments. That  discussion  had  been  conducted  with  good  tem- 
per on  both  sides.  It  was  apparent  there  were  deep  and  honest 
convictions  on  both  sides,  entirely  in  conflict.  Compromise  or  war 
between  two  proud,  haurrhty.  and  powerful  nations  was  obviously 
the  only  alternatives.  We  had  just  compromised  a  dispute  very 
similar  in  many  of  its  features  with  the  same  power,  in  a  spirit  of 
magnanimity,  justice,  and  a  sense  of  mutual  convenience.  After  this 
compromise  negotiations  had  been  opened  under  the  auspices  of 
the  Senator  from  South  Carolina  [Mr.  Calhoun]  and  it  was  in 
progress  marked  wilh  a  kind  and  friendly  spirit. 


816 


THE  ADJOURNMENT  RESOLUTION. 


[Monday, 


Mr.  Polk  comes  Into  power.  He  at  ones  and  peremptorily  as- 
serts our  claim  to  thu  whole  ol'  Oregon  as  clear  and  unuuesliona- 
ble.  Forest-illinj;  all  amicable  settlement,  he  takes  the  alterna- 
tive of  unconditional  concession  on  the  part  of  Great  Britain,  or 
war.  Every  one  knew  the  concession  was  impossible,  and,  there- 
fore, (in  the  lanfjiiago  of  Mr.  Cass)  "war  was  inevitable.''  With- 
out sayinf^  any  thing  about  the  laste,  what  was  the  wisdom  or  po- 
licy of  such  a  course,  I  leave  to  the  judgment  of  others. 

This  question  of  war  was  settled  by  I  he  firmness  of  this  Senate, 
and  a  wisfi  policy  on  the  part  of  Great  Britiiin.  'J'he  country  owes 
more,  under  Providence,  to  this  happy  i:n-nperatioii  than  to  the 
wisdom  or  the  prudence  of  the  E.\eeulive  department  of  ihe  "ov- 
ernment,  or  of  j\lr.  Senalor  Cass.  When  the  historian  shall  come 
to  consider  this  part  of  our  annals,  I  think  it  probable  he  may  long- 
doubt,  as  many  of  us  have  doubted,  the  real  objects  and  purposes 
of  the  Executive.  Whether  the  Kxecuiive  iona/ir/c  and  in  fact 
meant  to  push  out  the  pretensions  be  had  set  up,  or  whether,  feel- 
ing that  he  had  eo'me  into  the  Presidency  with  bur  little  charaeier. 
lie  meant  to  make  •'  a  name  and  a  fame"  for  boldness,  spirit,  and 
high  patriotism — relying  in  the  last  ivsort  upon  a  coalition  between 
the  "  British  whigs"  and  the  "  nullifiers"  to  hold  liirn  up  and  to 
thwart  and  arrest  ihe  extreme  energy  of  his  patriotism.  So,  that 
if  he  should  get  neither  war  nor  the  whole  of  Oregon,  he  might  go 
before  the  country  with  high  claims  for  asserting  all  the  people's 
rights,  which  he  undonbtedly  would  have  obtained  but  for  this  un- 
holy coalition.  There  were  some  of  us  who  were  deterniin''d  that 
this  shallow  stratagem,  if  it  existed  at  all,  should  not  be  plaveJ 
oil' on  us  suecessfuily-  Whatever  were  the  purposes,  this  is  cer- 
tain, that  tlie  President,  when  nobody  did  hold  him  up,  had  the 
coolness  and  philosophy  to  hold  himself  up.  ''Oh,  ray  countrymen, 
what  a  fall  I" 

Let  me  do  General  Cass  the  justice  to  say,  that  when  his  lead- 
er backed  out  of  this  dan^'crous  controversy,  he  submitted  with  the 
most  imperturbable  good  humor.  General  Cass  is  a  warrior,  and 
his  leader  might  have  been,  had  he  lived  in  the  days  of  Agamem- 
non. 

The  war  with  great  Britain  having  been  settled — this  "name 
and  lame  for  spirit"  might  be  extinguished  forever,  if  one  could 
not  be  got  up  elsewhere.  Wo  had  exactly  the  state  of  relalions 
with  Mexico  that  most  favored  these  ambitions  aspirings.  With  a 
statesman  at  the  head  of  our  government,  the  war  with  Mexico 
might  have  been  avoided  as  easily  as  I  can  now  avoid  offering  you, 
sir.  a  personal  indignity.  Had  the  Senator  from  South  Carolina 
[Mr.  Calhoun]  remained  in  the  State  Uepartment,  and  his  wise 
counsels  could  have  prevailed,  we  should  have  had  neither  war.  or 
scarcely  the  rumor  of  war.  The  matter  of  OrcL'on  being  settled, 
with  a  wise  lorbearaneo  the  Mexican  matter  would  have  setlleii 
itself.  I'or  with  all  the  vauntinii'  and  gasconading  spirit  of  Mex- 
ico, she  never  would  have  thought  seriously  of  war  against  us  but 
for  the  hope  and  expectation  that  we  would  at  the  same  time  be 
engaged  in  war  with  Great  Britain.  In  thai  event  she  might  have 
hoped  for  mucji,  but  alone  and  single-handed  she  never  would  have 
dreamed  of  it. 

Disregarding  this  obvious  policy,  the  Executive  pushed  into 
Mexico  a  minister  who  acted  upon  them  more  like  a  firebrand  than 
a  messenger  of  peace.  The  President  moved  the  army  from  Cor- 
pus Christi  to  the  Rio  Grande.  That  made  the  war  inevitable. — 
It  was  on  act  of  war — the  one-man  power  in  its  worst,  most  dan- 
gerous form — and  I  hold  him  and  his  advisers — the  country  and 
posterity  will  hold  him  and  his  advisers.  General  Cass  as  one  of 
them — -responsible  for  this  dangerous  violation  of  the  constitution, 
and  for  all  the  blood  and  treasure  that  ihat  war  has  cost  our  peo- 
ple. It  may  be  that  it  was  not  wickedly  begun  ;  if  not,  the  Pre- 
sident weakly  blundered  into  it,  and  I  may  say  ho  blundered  out  of 
it  ;  for  peace  came  against  all  Executive  expeelation,  and  when, 
111  truth,  they  had  no  one  in  Mexico  authorized  to  make  a  treaty. 
Yet  when  come  it  did,  it  is  due  to  the  President  to  say — ho  being 
probably  more  anxious  lor  peace  than  any  other  man  in  the  rejiulT- 
lie — that  he  patrioiically  and,  I  think,  wisely  overlooked  serious 
irregularities,  and  against  a  strong  opposition  in  his  cabinet,  took 
the  responsibility  and  sent  the  treaty  to  the  Senate.  I  do  not  de- 
sire to  stint  my  commendation  of  the  course^next  to  not  doing 
wrong  at  all,  is  the  virine  of  repairing  it  as  soon  as  possible  ;  and 
here  let  me  say,  in  justice  to  General  Cass,  that  notwithstanding 
his  high  war  spirit,  and  that  the  ten  rcjiment  bill  was  not  passed 
through  the  Senate,  yet  with  commendable  assiduity  he  set  about 
getting  the  treaty  ratified.  But  General  Cass,  not  to  be  thwart- 
ed wholly,  though  he  had  not  got  or  '•  swallowed"  the  whole  of 
Mexico,  yet  he  afierwards  got  throujh  his  ten  regiment  bill  ;  and 
but  for  the  lialtimoro  convention  calling  him  from  his  post — to  the 
loss  of  his  country — if  the  ratification  in  Mexico  had  been  a  little 
longer  delayed,  it  cannot  bo  doubted  that  Mr.  Cass  would  have 
got  through  his  twenty  regiment  bill  also. 

That  this  war  has  been  prosecuted  from  the  very  first  with  views 
of  territorial  aggrandizement,  is  now  obvious  to  every  <me.  If  it 
did  not  originate  in  views  of  ihat  sort,  it  was  continued  to  signal- 
ize and  illusirato  an  adminisir.ition  that  had  litlle  hope  ol  achiev- 
ing much  in  the  higher  walks  of  statesinanskip.  Mr.  Cass  has 
encouraged,  aided,  and  stimulated  every  excess.  The  eleotion  of 
Mr.  Cass  will  be  but  the  elongation  of  this  incompelent  and  dan- 
gerous administration,  grown  into  greater  hardihood  and  rashness 
by  reason  of  the  singular  good  fortune  v'ah  which  they  have  esca- 
ped the  natural  consequences  of  their  want  of  judgment  and  fore- 
cast. The  aggressive  ambiiion  of  this  portion  of  the  democracy 
is  boundless   and   unappoasalile.     When  it  shall  lift  its  foot  again 


under  the   auspices  of  Mr.  Cass,  it  will  be  planted  on  the  Sierra 
Madre,  Tehuantepec,  and,  perhaps,  Cuba. 

Mr.  FOOTE. — Is  the  Senator  opposed  to  receiving  accessions 
of  territory  1 

Mr.  MANGUM. — Yes,  sir,  I  am  opposed  to  the  acquisition  of 
a  foot  of  territory  by  conquest,  or  in  any  other  manner,  unless  with 
the  general  concurrence  of  my  countrymen.  I  prize  the  harmony, 
tniiliial  confidence,  and  kindly  feelings  among  the  States  of  this 
Union,  above  all  acquisitions  made,  or  ever  to  be  made. 

Mr.  FOOTE. — The  Senator  has  announced  himself  as  being  op- 
posed to  the  peaceful  acquisilion  of  Cuba? 

Mr.  MANGUM. — Y'es,  sir,  I  am  opposed  to  the  acquisition  of 
it.  but  there  may  be  greater  evils  than  the  acquisition  of  Cuba. — 
I  do  not  desire  to  see  Cuba  change  its  nationality.  I  should  be 
unwilling  to  see  that  great  key,  that  commanding  position  in  the 
gulf,  in  the  hands  of  any  great  and  formidable  naval  power.  It 
might  be  a  less  evil  to  acquire  it.  It  might  be  a  ease  requiring 
the  interposilion  of  m11  our  power  and  resources  lo  prevent  it.  But 
these  are  hasty  and  unconsidered  intimations,  and  I  shall  reserve 
to  myself,  in  iiuitaiion  of  the  Senator's  model  statesman.  Mr. 
Cass,  the  liberty  of  giving  a  new  edition,  if  upon  consideration,  I 
shall  deem  it  expedient  or  necessary.  Regarding  Mr.  Cass  as 
restless  and  aggressive,  as  having  but  little  appreciation  of  any 
fame,  but  that  which  is  enthroned  under  the  shadow  of  laurels 
steeped  in  blood — seeing  him  always  ready  to  augment  the  Exe- 
cutive power,  even  now  overshadowing  and  fearful — seeing  him  al- 
ways the  ajiologist  of  Execuiive  usurpation  or  abuse,  having  seen 
him  for  the  last  four  years,  always  bou  ing  at  the  footstool  of  pow- 
er— in  a  word,  believing  him  as  yielding  to  power,  as  he  is  un- 
steady in  his  policy  and  opinions — I  should  regard  his  election, 
which  no  body  now  expects,  as  a  great  national  blunder,  per- 
chance, catastrophy.  A  race  of  intense  ambition  is  always  dan- 
gerous to  the  virtues.  I  have  thought  that  I  have  seen  in  Gene- 
ra! Cass,  a  devotion,  and  real  or  simulated  homage  to  the  blun- 
ders, the  weaknesses,  and  the  vices  of  this  administration,  wholly 
unbefitting  a  high,  proud,  pure,  intelligent  and  inflexible  patriot. 
I  could  hope  I  have  been  mistaken  ;  for  I  owe  him  personally,  no 
uiikindness,  but  the  reverse.  Jt  gives  me  pain  to  have  to  deal  so 
freely  with  his  public  charaeier.  If  I  speak  in  a  light  and  irreve- 
rent tone  of  mockery,  and  scoffing,  it  may  be,  that  a  lurking  feel- 
ing restrains  me  from  a  more  stern  and  burning  indignation.  If 
he  shall  miscarry  in  his  enierprizes  of  ambition,  as  from  present 
appearances,  miscarry  he  must — 1  could  hope  that  no  agonizing 
grief  shall  fall  upon  him,  lo  embitter  the  remnant  of  life,  such  as 
Cardinal  Woolsey  writhed  under,  when  in  his  extremity,  he  ex- 
claimed, 'iiad  I  served  God  as  diligently  as  I  have  served  the 
kinir,  he  would  not  havj  given  me  over  in  my  grey  hairs." 

Sir,  I  turn  from  these  reflections,  and  look  out  for  a  safe  resting 
place  for  the  country  and  Us  great  interests  in  this  crisis  of  trou- 
bles and  portentous  change.  I  think,  I  see  safety  in  the  great 
and  conservative  principles  of  the  whig  party,  and  the  represen- 
tative of  that  party.  I  mean  General  Taylor.  And  here  let  me 
say  to  the  Senator  from  Mississippi,  that  I  have  just  read  his 
jirinted  speech  in  the  main  with  much  pleasure.  There  were  a 
lew  things  I  regretted  to  see.  I  regretted  to  see  such  labored  dis- 
paragement of  General  Taylor's  understanding.  He  writes  non- 
sense, says  the  Senator.  I  am  very  sure,  when  the  heat  and  ex- 
citement of  debate  shall  have  jiassed  away,  the  honorable  Senator 
true  to  his  instincts  ol  justice  and  generosity,  will  regret  ihe  pas- 
sago  even  more  (ban  I  do.  Again.  The  Senator  s|ieaks  of  a  let- 
ter concocted  here,  '■deceiving  and  deludin'.;,  Jcc."  I  know  noth- 
ing of  the  origin  of  the  letter.  This  is  certain,  whether  written 
by  General  Taylor  or  not,  its  sentiments  were  his  and  published 
by  his  authoriiy.  Now,  I  appeal  lo  the  gentleman's  candor,  to 
say,  whether  he  believes  that  General  Taylor  would  inlention- 
ally  rleeeive  or  delude  any  human  being  ?  Again.  Speaking  of 
Mr.  Fillmore.  The  Senator  charges  him  with  being  favorable  to 
the  "Wilmot  Proviso,''  not  upon  any  word  thathe  [Mr.  Fillmore] 
has  spoken  or  written — neither  is  alleged — but  upon  circumstan- 
tial evidence  detailed  in  a  letter  of  Mr.  Croswell's,  and  upon  di- 
vers extracts  from  divers  newspapers,  iSc.  Now  I  submit  to  the 
Senator  whether  angly  extracts  from  partizan  and  perhaps,  venal 
and  subsidized  prints,  is  the  sort  of  evidence  that  should  find  its 
way  into  this  body  to  impeach  or  exculpate  any  one  of  ajipo-^ite 
polities — not  by  statements  of  facts,  but  upon  surmise  and  infer- 
ence. Sir,  it  is  Ihe  least  reliable  and  most,  untrustworthy  evi- 
dence of  which  I  can  conceive.  Libel  and  vituperation  are  the  vo- 
cation of  tile  licentious  press.  Many  an  angry  and  unprincipled 
libeller  fishes  up  day  by  day  his  diriy  and  dependent  bread  Irom 
the  vile  pools  of  slander  anil  calumny.  What  public  man  escapes 
the  malignant  shafts  of  a  licentious  press  '.  If  any.  he  is  shielded 
by  his  insignificance  rather  than  by  his  public  virfies  and  public 
elfiiuency.  Why,  sir,  let  me  remind  the  Senator,  that  ho  too,  has 
been  the  mark  lor  many  a  poisoned  arrow — lor  the  most  unmea- 
sured vituperation,  is  there  any  one  hero  who  would  rake  into 
t'lose  vile  reservoirs  of  calumny,  lor  matter  o."  impeachment  against 
him — him  whom  wo  know  and  respect,  for  his  high  impulses,  and 
generous  and  frank  nature?  No,  sir — not  one.  I  would  .scorn  it 
Irom  the  bottom  ol  my  heart.  Tlnit  there  are  presses,  and  many 
of  them  conducted  wiih  perfect  honor  and  veracity,  we  all  know — 
and  yet  wo  and  tliey  know  there  are  many  others,  a  disgrace  to 
the  profession.  That  great  engine  of  modern  civilization  is  enti- 
tled to  all  respecl,  when  pure,  and  the  severest  eondeuuia'ion 
when  otherwise. 


JCLV    3, J 


THE  ADJOURNMENT  RESOLUTION. 


817 


But  to  retnrn — this  debate  of  the  honorable  Senator's  and  mine 
is  a  sort  of  model  debate — its  gyrations,  sinuosities,  and  episodes 
are  without  limit,  coherence  or  continuity.  I  have  said  safety 
might  be  found  in  the  whig  policy,  and  in  their  leader,  General 
Taylor. 

The  Senator  from  Mississippi  has  drawn  a  strong  and  vivid  pic- 
ture of  the  eminent  abilities,  the  large  attainments,  and  the  tho- 
rough acoomplishraents  of  General  Cass  in  all  things  pertaining  to 
piiblio  affairs — of  his  steadiness,  liis  perseverance,  his  manliness, 
his  independence  of  power — his  singleness  and  frankncss^-con- 
sealing  no  opinions — giving  no  confliciing  assurancss — his  fearless- 
ness, as  a  statesman,  of  popular  clamor — and  his  abhorrence  of 
being  elevated  to  high  station  by  management,  dexterity  or  in  any 
way,  than  upon  a  full  inspection  and  consideration  of  every  act, 
sentiment,  principle,  or  inclination  of  his  mind.  The  Senator  in- 
dicates, that  General  Cass  may  be  regarded  as  carrying  his  heart 
in  his  hand,  and  opening  to  the  public  gaze  the  deep,  dark,  and 
mysterious  recesses  of  that  most  mysterious  of  all  created  things. 
This  picture  is  presented  in  conlrnst  with  that  of  General  Taylor 
— and  this  fatter  exhibits  General  Taylor  as  utterly  ignorant — as 
having  no  mature  opinions  on  public  affairs,  a  mere  soldier — as  an 
equivocator — exhibiting  wondrous  variety  as  to  the  substance  of 
his  opinions — as  having  flooded  the  country  wilh  electioneering 
letters — as  a  mere  epistolary  driveller — filling  his  friends  with  re- 
gret, and  his  enemies  wilh  commiseration — as  writing  "long, 
verbose  and  meaningless  letters,  full  of  false  grammar,  confused 
ideas,  and  the  most  rude  and  unpolished  nonsense."  In  short,  the 
substanoo  of  what  the  Senator  said,  is,  that  General  Taylor  is  an 
ignorant,  equivocating,  electioneering  character — having  no  opin- 
ions; or,  if  he  have,  withholding  ihem,  and  taking  the  benefit  of 
conflicting  and  false  Interpretations — or,  what  is  the  same  thing, 
being  ''  art  and  part"  in  a  fraud  sought  to  be  played  off  upon  the 
people  of  the  United  States. 

Now,  Mr.  President,  look  on  this,  picture,  and  now  on  that — 
the  first  is  the  democratic  Hyperion;  the  latter,  the  whig  Satyr. 
Now,  ray  first  observation  i.'<,  that  if  the  honorable  Senator  will 
strikeout  the  names,  and  exhibit  the  pictures  simply,  there  is  not 
a  man,  woman,  or  child  in  the  United  States  that  would  take  the 
one  for  General  Cass,  or  the  other  for  Gei  eral  Taylor.  I  have 
always  heard,  and  readily  believe,  that  General  Cass  is  unexcep- 
tionable and  kind  in  his  domestic  relations.  Why.  sir,  his  very 
children  would  not  recognize  the  portrait  that  the  Senator — who 
is  a  skillnl  artist — has  painted  lor  their  kind,  aftectionate.  and 
dearly  beloved  father.  And  again,  those  children — some  of  them 
I  haie  known  as  models  in  excellence  and  accomplishment — who 
nSeefionately  wear  in  their  inmost  heart  the  image  of  iheir  dear 
father,  would  see  almost  as  little  resemblance  between  that  image 
and  the  portrait  by  the  Mississippi  artist,  as  we  sec  between  his 
Hyperion  and  his  Satyr. 

But  what  shall  I  say  of  the  portrait  of  General  Taylor  ?  Would 
his  children  recognize  it?  No,  sir;  no.  They  might  look  upon  it 
as  the  picture  ol  a  low,  vulgar,  ragamutfin  deserter,  who  had 
just  returned  from  the  wars.  Sir.  the  artisiical  skill  of  the  Sena- 
tor reminds  me  of  a  vulgar  story  that  I  hnve  seen  or  heard  some- 
where of  the  Dutchman's  horse  painted  at  first  with  masterly  and 
exquisite  skill,  and  exhibited  in  public  with  paints  and  brushes  at 
hand,  for  all  the  amateurs — the  judges  of  horse  flesh — just  to  touch 
and  alter,  so  as  to  exhibit  a  perfect  animal.  Theamatuers,  (ihey 
were  doubtless  democrats  of  the  genus-locofoco,)  went  to  work, 
one  elongated  the  ears,  another — but  you  know  the  story — at 
length  a  non-descript  wa»  produced,  and  but  for  ''  horse"  written 
under,  none  could  have  known  whether  it  was  ass,  lion,  or  horse. 
The  Senator  first  works  at  the  ears,  (that  is  instinct — democratic 
ioElinct  )  but  he  should  recollect  that  the  merest  dauber  might 
make  an  ass  of  Bucephalus — the  proud  Bucephalus  that  spurned 
any  rider  but  the  master  of  the  world.  I  would  commend  the  next 
efiorts  to  be  made  upon  the  mane,  and  if  he  can  paint  a  few  pearly 
"dew-drops"  on  the  said  mane,  he  may  have  awakened  in  his 
mind  an  idea  of  the  noble  and  |iowerful  animal,  before  which  the 
democracy  trembles,  and  trembling — will  fly. 

Sir,  to  be  serious,  this  studied  disparagement  of  General  Taylor 
need  not,  and  ought  not,  to  excite  a  feeling  of  indignation.  The 
ravings  of  despair  are  objects  of  commiseration — not  of  resent- 
ment. They  can  do  no  harm.  The  people  of  this  country  have 
sense,  they  have  sagacity,  they  have  judgment.  They  are  better 
judges  of  men,  and  the  worth  of  men,  as  I  verily  believe,  than 
even  this  Senate.  I  mean  no  disparagement  of  this  body — which 
lor  talent,  virtue,  and  patriotism,  may  not  shrink  from  a  compari- 
son with  anv  other.  But  I  mean  the  people  live,  move,  and  have 
their  being  in  a  clear,  pure,  nnd  calm  atmosphere;  no  cliques,  no 
passions,  no  prejudices,  no  artificial  standards,  no  personal  inter- 
ests strong  as  we  have  to  bias  and  thwart  strong,  sound,  plain, 
common  sense.  No,  sir,  this  studied — 1  must  think — ungenerous 
disparagement,  can  do  no  harm.  I  have  no  purpose  to  eulogize 
General  Taylor.  It  would  be  as  offensive  to  his  simple  tastes 
and  delicate  sen.^e  of  self-respect,  as.  it  would  be  unbefitting  me. 
I  am  not,  by  nature,  strung  and  tuned  to  give  out  the  music  of 
eulogy  and  encomium  to  men  in  power,  or  to  be  in  power.  It  is 
not  ray  wont — to  me,  it  would  be  a  new  vocation.  Sir,  I  leave 
him  in  his  simple  dignity  and  grandeur  of  character — "  when  un- 
ailorned,  adorned  the  most."  Would  you  have  the  Venus  de  Medici 
furhelowed  and  flounced  in  the  tinselled  finery  of  modern  millinary  I 
Would  you  have  the  statute  of  Hercules  crowned  with  a  tawdry 
cap  and  feathers  ?  AVould  you  have  me  weave  garlands  for  the  pin- 
nacles of  the  Sierra  Madre,  that  lift  their  heads  and  bathe  their 
naked  brows  in  sunlight  far  above  the  region  of  the  clouds  1     Given 

30th  Cong. — 1st  Session — No.  103. 


down  to  immortality  as  they  are  in  history,  in  poetry,  and  in  sons,  by 
the  associated  glories  of  the  hero  of  Monterey  and  Biiena  Vi>ta,  I 
leave  ihera  in  their  simple  grandeur.  The  people  well  know  how  to 
estimate  him.  His  strong  sense,  fine  sajiaciiy,  and  unerring  judg- 
ment— firmness  of  purpose,  incorruptible  integriiv—.ind  his  opca 
downright  frankness  and  honesty  of  heart — firm  an3  fearless  as  it  is 
kind  and  humane.  His  expansive  views — looking  to  the  whole 
country  as  his  country,  and  every  part  of  the  country  as  bi»  part 
of  the  country — knowing  no  pariizan  cliques  or  meie  sec  i'>n;il 
interests — planting  himself  upon  the  constitution  and  i  lie  wl.ola 
constitution,  and  serving  the  people  and  the  whole  people.  AU 
this  the  people  know  well. 

Sir,  I  shall  support  General  Taylor,  and  support  him  cordially, 
as  the  true  representative  of  all  thi>  great  conservative  chHraeter- 
isticsol  the  whig  party.  I  shall  support  him  as  a  man  of  pence— 
as  opposed  to  all  wars  of  conquest — as  opposed  to  that  ra|  acious 
policy  that  would  pick  a  tjuarrel  with  a  neishbor,  and  then  soizo 
nis  goods.  I  support  him  for  his  sound  constitutional  views  in  re- 
gard to  the  relative  duties  of  the  respective  depanraenis  oi'  iho 
government.  King  Veto  will  not  be  put  in  chains,  but  corf.ned  to 
his  proper  sphere.  He  will  not  be  permitted,  as  a  maraudi  r,  to 
make  forays  upon  every  department  of  the  government  and  upon 
every  public  and  private  interest.  I  support  him  also.  Iiecause  I 
believe  he  will  suffer  the  will  of  the  people  to  become  ilie  liiw  of 
the  people  within  constitutional  limits;  because  I  believe  that 
things  that  lie  before  us  in  the  unknown  future  may  bo  of  vastly 
more  magnitude  than  all  the  transient  party  nnesti,  ns  of  tie  day  ; 
and  because  I  have  confidence  in  his  moderation  and  gooi!  sense  ( 
above  all.  in  his  moderation  and  right-mindedness,  ll'  I  liave 
learned  any  thing  in  public  life,  it  is,  that  pure  iii'ciii  ons  and 
single-mindedness,  with  strong  good  sense,  is  worili  uv  ro  iban 
the  most  splendid  abilities  and  the  largest  experience  with- 
out them.  It  would  be  sad  were  it  otherwise.  He  wl.n  seeks 
what  IS  right,  and  seeks  it  with  singleness  of  mind,  will  rnroly 
miss  it.  What  care  I  whether  General  Taylor  can  or  csnn"i  play 
at  a  game  of  sophi.-iins  with  expert  and  dexterous  political  di^ilec- 
ticians?  What  care  I  whether  he  can,  with  "  nieiajihysicul  scis- 
sors, 

*•  Sover  and  divide 
"  A  liair  'twixt  Qorth  and  Borthweit  side. 

What  care  I  whether  he  has  exact  and  precise  vijws  (  \n  we  oU 
have  them  ?)  upon  many  of  the  transient  and  unimportani  quesiions 
of  the  day.  Might  not  Washington  have  been  worried  in  piliiical 
metaphysics — say  the  resolutions  of  '98  and  '99 — by  mni  y  a  knight 
of  the  green  bag,  scarce  out  of  his  '"  teent  ?"  and  one,  ton.  who 
would  not  have  been  intrusted  by  his  neighbor  with  the  trial  of  a 
cause  of  the  value  of  one  hundred  dollars?  And  yet  the  people  in- 
trusted in  the  hands  o(  thai  same  Washington  the  honor,  tiie  sat'vty, 
and  glory  of  this  great  republic.     Were  they  unwise  ? 

What  I  do  care  l,(i  know  is,  that  his  views  are  moderate,  conser- 
vative, national — all  tending  to  peace,  to  wholesome  and  giadual 
development,  and  progress.  He  who  has  learned  by  e>,perii  nee 
the  miseries  and  horrors  of  war,  if  be  he  a  good  man.  will  gin»- 
rally  be  the  most  strcnous  advocate  of  peace  as  Imiii  as  |  ca.  c  fv.n 
be  preserved  wilh  national  honor.  Who  so  pacific  as  Wnfhing- 
ton  ?  Who  could  have  curbed  the  wild  pas.-ions  and  priseived 
peace  during  the  pluenzy  of  the  first  French  revolutiipii  liiil  Wash- 
ington? Who  so  powerful  an  advocate  of  peace  on  ihc  ci'iiiiiient 
of  Europe  as  he  who  struggled  on  a  hundred  baltlcfiekls — .>^oiili  ? 
Who  has  done  so  much  to  preserve  the  peace  of  Europe  as  Wel- 
lington, the  conqueror  of  Napoleon  ?  And  Taylor,  wiih  equal  vir- 
tue, equal  moderalion,  and  equal  bravery,  will  act  upon  ihe  wise 
msLxims  of  peace. 

Mr.  HANNEGAN. — I  do  not  rise  to  reply  to  the  Senator  I'mm 
North  Carolina,  or  to  follow  him  through  all  the  windings  of  his 
lengthened  speech,  but  simply  to  make  an  explanation  in  relaiiou 
to  the  pamphlets  which  he  saw  proper  to  hold  up  to  the  Seiiale  as 
designed,  one  for  Ihe  North  and  the  other  for  the  South.  Since  I 
made  ihe  brief  explanation  which  was  hastily  given  to  me  hy  a 
gentleman,  a  member  of  the  other  House,  who  happened  to  he  m 
this  Chamber  when  the  charge  was  made,  I  have  received  the 
full  explanation.  I  put  it  to  the  Senator  from  North  Carolina, 
for  whose  character  as  a  gentleman  of  honor  I  entertain  the  most 
sincere  regard,  whether  there  is  in  fact,  any  importanor  essenii^l 
difference  between  the  two  editions  of  this  biography  of  Geiiiral 
Coss?  My  attention  has  been  called  to  this  matter  for  the  first 
time  by  the  Senator  from  North  Carolina,  and  before  to-day  I 
never  saw  the  publication.  It  seems  that  the  first  eiliii.rn  was 
issued  in  March,  and  the  second  in  June,  and  that  in  the  last  edi- 
tion an  extract  from  the  proceedings  in  the  national  convention  is 
substituted  for  a  reference  to  the  proceedings  of  certain  State  con- 
ventions which  appeared  in  the  first  edition.  I  must  confess,  then, 
that  I  was  not  prepared  for  what  appeared  to  me  to  he  the  uu- 
eandid  course  of  the  Senator  from  North  Carolina. 

Mr.  MANGUM,  (in  his  seat.) — No  uncandid  course  upon  my 
part. 

Mr.  HANNEGAN. — I  said  what  appeared  to  be  an  uncandid 
course;  and  certainly  that  was  the  lasi  quarter  in  which  I  expected 
to  find  any  want  of  candor.  But  it  is  said  that  there  is  an  rmis. 
sion  in  relation  to  the  Wilmot  proviso.  Let  us  examine  this  charge 
presented  with  such  imposing  gravity.  I  find  that  a  brief  e.Mract 
of  some  nine  or  ten  lines  from  the  letter  of  General  Cass  lo  Wr. 
Nicholson  of  Tennessee,  is  omitted  in  the  June  edition.  And 
why?     I  have  the  explanation  to  make  by  authority  from  IheGlu'  _ 


818 


THE  ADJOURNMENT  RESOLUTION. 


[Monday, 


office,  and  I  presume  no  man  here  will  pretend  for  one  instant 
that  either  Francis  P.  Blair  or  Jolm  C.  Rives  is  capable  of  utter- 
ing a  falsehood.  The  yonnfj  man  who  wrote  this  biography  of 
which  an  edition  was  issued  in  March,  was  desirous,  after  the 
nomination  had  been  made  at  Baltimore,  to  introduce  some  new 
matter — the  letter  for  instance,  of  General  Jackson  to  General 
Cass,  which  was  published  after  the  biosraphy  was  written,-  and 
was  also  desirous  to  substitute  for  the  State  nominations  a  portion 
of  the  proceedings  of  the  Baltimore  convention.  The  price  of  the 
work  for  general  distribution  was  fifty  oents  a  hundred  copies,  and 
if  new  matter  had  been  introduced  without  omitting  some  of  the 
old,  the  size  of  the  pamphlet  would  of  course  have  been  increased 
and  its  price  enhanced.  In  these  circumstances  it  became  neces- 
sary to  omit  some  of  the  matter  in  the  first  edition  in  order  to  give 
place  to  the  additions  which  were  desired. 

A  Senator,  (on  the  whig  side) — Indeed  ' 

Mr.  HANNEGAN. — Ah '.  Let  him  sneer  whose  heari  and 
conscience  are  clear  of  fraud.  I  now  ask  the  Senator  from  North 
Carolina — and  I  appeal  to  the  whole  Senate — if  at  the  first  blush 
It  did  not  appear  as  if  the  words  "north''  and  ''south"  had  been 
inscribed  upon  the  pamphlets  by  the  parties  by  whom  they  were 
issued? 

Mr,  MANGUM. — I  meant,  certainly,  to  convey  the  idea  that 
the  words  had  been  written  upon  the  pamphlets  since  the  publica- 
tion, and  nobody  could  have  supposed  otherwise. 

Mr.  HANNEGAN. — This  is  a  most  serious  charge.  It  imputes 
fraud  to  the  democratic  jiarty- — a  party  that  to  this  hour  has  never 
been  .sustained  by  fraud  or  collusion — never,  never !  I  will  say  to 
him  on  the  authority  of  the  conductors  of  the  Globe  office,  that 
not  a  single  copy  of  the  edition  published  in  March  has  gone  to  the 
country  since  that  of  June  was  emitted.  Sir,  General  Cass  stands 
far  beyond  the  reach  of  any  such  assaults.  What  man  is  there 
who  ever  retired  from  a  seat  in  this  body  wiih  higher  honor.  Even 
Henry  Clay  himself,  who  once  honored  a  seat  there,  on  that  side 
of  the  chamber,  never  took  bolder  ground — never  more  promptly 
assumed  his  position  upon  every  tjuestion  than  did  Lewis  Cass. 
In  vain  can  you  attempt  to  fasten  upon  him  any  charge  of  incon- 
sistency; and  as  for  this  petty  fraud  which  you  fancied  you  had  es- 
tablished, his  friends  spurn  it  with  contempt  collectively  and  indi- 
vidually. We  hurl  it  back,  as  the  offspring  of  a  heart  as  base  and 
as  black  as  hell  itself. 

Mr.  MANGUM.— Does  the  Senator  mean  to  apply  these  odious 
epithets  to  me? 

Mr.  HANNEGAN.— No,  sir.  Certainly  not;  I  intended  to  ap- 
ply them  to  all  who  would  impute  such  a  despicable  fraud  to  us. 

Mr.  MANGUM. — I  have  listened  to  the  explanation  of  the  hon- 
orable Senator  with  a  great  deal  of  interest)  but  I  must  confess 
that  I  am  not  entirely  satisfied.  ■  Upon  a  cjucstion  so  leading — -a 
question  so  proloundly  iritercsting — a  question  that  is  supposed  to 
shake  at  this  moment  the  very  pillars  of  this  Union,  I  must  be  per- 
mitted to  say,  the  omission,  and  as  it  certainly  appeared,  the  stu- 
died omission  of  the  sentiments  of  General  Cass  in  one  edition  of 
his  biography,  while  they  were  retained  in  another  edition  does 
look  very  much  like  meditated  fraud.  At  all  events,  it  strikes  me 
that  the  substitution  of  an  extract  from  a  speech  about  the  French 
revolution,  though  its  eloquence  might  have  surpassed  that  of  Ci- 
cero and  Demosthenes,  for  the  declaration  of  his  sentimenis  in  the 
Wiluiot  proviso  was  in  very  taste. 

Mr.  HANNEGAN. — Why,  what  has  been  excluded?  A  mere 
extract  from  this  letter  to  Mr.  Nicholson,  which  has  been  published 
and  republished  in  every  paper  in  the  Union. 

Mr.  MANGUM. — Not  only  that  extract,  sir,  but  the  preceding 
paragraph  which  draws  conclusions,  as  I  undertake  to  say,  utterly 
erroneous  in  reference  to  the  contents  of  that  letter.  Will  the 
Senator  look  at  it? 

Mr.  HANNEGAN.— I  will  read  it,  sir,  with  great  pleasure. 

"  'The  'VViliTiot  proviso'  seoks  totakeiVom  lU  iegitimatt  tribunal  a  question  of  rio 
mestic  poliry,  Iiavini;  no  relation  to  the  Union,  as  sutli,  ami  lo  transfer  it  to  another. 
:  ureated  by  the  pco[)]e  for  a  special  purpose,  anj  forei^-n  ,o  the  subject-matter  involved 
I  in  this  issue.  By  going  back  to  our  true  priuciiiles,  we  yo  back  lo  the  roail  of  peaee 
,  and  safety.  Leave  to  tiie  people,  who  will  be  aftleted  by  Ibis  queslioa.  to  adjust  it 
*  Upon  their  own  Tes|)onsibihty  and  in  their  own  niannei,  and  we  shall  render  another 
■  tribute  to  the  original  principles  of  oorgovernmenl,  and  furnish  another  guarantee  for 
;  il.s  pennauen<:e  ami  )iio;l'erity."  ' 

Mr.  MANGUM.— But  the  honorable  Senator  excludes  the  pre- 
preeeding  paragraph,  beginning  with  the  words,  "In  December, 
1847,  General  Cass,''  &c. 

Mr.  HANNEGAN.— Shall  I  read  that  also? 

Mr.  MANGUM. — If  you  please. 

Mr.  HANNEGAN. — This  is  I  suppose  the  paragraph  to  which 
the  Senator  alludes. 

"In  December,  1847,  Generul  Cass  pave  his  views  nl  leii;.'lli  upon  the  "VViImot  pro 
viso,"  in  a  IcUer  lo  Mr.  Nicholson,  ol  Tennessee.  In  thai  letter  he  avowed  himself 
opposed  10  the  measure,  and  to  the  exercise  of  any  legislal  inn  by  Congress,  over  any  of 
the  territories  of  the  Uniteil  Blatt^s,  respecting  the  domeslic  relations  of  their  inhabi- 
tants. He  believed  that  all  (luestions  of  that  nature  sliould  he  setlled  by  Ihc  people 
themselves,  who  ought  to  be  allowed  "to  regulate  Iheir  inlernal  concerns  in  their  own 
way,"  and  that  Congress  lias  no  more  power  to  abolish  or  establish  shivery  in  such  Icr- 
rilories  than  it  has  to  regulate  any  other  of  the  ivlative  dulies  of  social  life— that  of  bus 
band  an.l  wife,  of  parent  and  child,  or  of  masler  and  seivaiit.     ilesaid,  in  conclusioii 

I  now  road  a  portion  of  the  letter  which  the  Senator  from  North 
0   Carolina  did  not  read.        """■  "■■  ■""'■'  """j 


'"  But,  after  all,  it  seems  lobe  generally  conecrled,  that  thu  restriction,  if  carried  into 
effect,  could  not  operate  upon  any  State  to  be  formed  from  newly  acquired  territory. 
The  well  known  attributes  of  sovereignty,  recognized  by  us  as  belonging  to  the  Slate 
governments,  would  sweep  tteforethemany  such  barrier,  and  would  have  the  people 
to  express  and  esert  their  will  and  pleasure.  Is  the  object,  then,  of  temporary  exclu- 
sion for  so  short  a  period  as  the  duration  of  the  territorial  governments,  worth  the  price 
at  which  it  wonld  be  purchased  ? — worth  the  discord  it  would  engender,  Ibe  trial  to 
which  it  wonld  expose  our  I'nion,  and  the  evils  that  wonld  be  the  certain  conseqnenee, 
l>-tlhat  trial  result  as  It  misht  ?" 

Mr.  MANGUM.— I  did  not  read  that,  because  I  did  not  bavti 
lieneral  Cass's  whole  letter  before — I  had  only  the  extiacts  in  the 

pamphlet. 

Mr.  HANNEGAN. — Yet  that  is  the  strongest  part  of  the  let- 
ter, and  distinctly — as  I  understand  it — and  I  think  I  understand 
It — asserts 

Mr.  MANGUM.— Will  the  .Senator  allow  me  to  explain? 

Mr.  HANNEGAN.— Certainly. 

Mr.  MANGUM. — I  did  not  read  it,  because  it  is  not  contained 
in  either  of  the  editions  which  I  had.  That  is  surely  a  very  satis- 
factory reason  for  my  neglect.  Let  me  give  the  history  of  these 
various  editions.  Two  were  placed  in  my  hands,  .ind  I  read  them 
in  order  to  ascertain  if  they  were  identical.  I  found  that  they 
were  precisely  so,  with  the  exception  of  this  matter  touching  the 
Wilmot  proviso.  In  this  one,  intended  for  the  South,  in  an  extract 
Irom  the  Nicholson  letter,  with  the  commentary  of  the  biographer, 
and  I  think  his  deductions  are  false.  In  the  other,  the  only  refer- 
ence to  the  Wilraot  proviso  is  that  contained  in  a  very  brief  para- 
graph alluding  to  Mr.  Cass's  vote  on  the  Wilmot  proviso,  and  as- 
signing as  a  reason  that  it  was  urged  at  that  time  with  a  view  of 
impairing  the  reign  of  the  administration  in  the  prosecution  of  the 
war.  Let  me  here  remind  the  Senator  that  I  took  occasion  to  re- 
mark that  I  felt  it  due  to  myself  to  state  that  I  imputed  nothing 
to  General  Cass  as  taking  part  in  this  matter.  I  know  that  hun- 
gry mendicants  hang  upon  the  skirts  of  all  parties — the  leeches 
that  desire  to  gorge  themselves — anil  that  they  are  capable  of  the 
lowest,  dirtiest,  and  most  detestable  artifices. 

Mr.  HANNEGAN.— I  believe  that  I  know  the  author  of  these 
biographers  of  General  Cass.  He  is  a  young  man,  whom  I  have 
met  accidentally.  He  is  about  twenty-five  years  of  age,  and  judg- 
ing from  his  countenance,  which  seems  frank  and  open,  I  think  he 
is  incapable  of  fraud.  But.  indeed,  there  is  no  fraud  in  the  ease. 
The  explanation  which  I  have  given,  shows  that  no  fraud  has  been 
attempted — no  fraud  comraitteci.  Take  the  whole  letter — the  fa- 
mous letter  of  General  Cass  to  Mr.  Nicholson — and  can  there  bo 
any  doubt  as  to  the  sentiments  of  our  candidate  ?  And  certainly 
you  must  take  the  text  and  the  context  together.  The  gentleman 
fioni  North  Carolina  is  a  lawyer,  and  an  able  one.  Ho  has  hon- 
ored the  bench,  and  knows  that  it  is  against  every  rule  of  law  lo 
extract  a  single  sentence  without  taking  the  context.  But  it  does 
seem  strange  to  me,  that  representing  the  gallant  old  Stale  of 
North  Carolina,  the  Senator,  whom  I  have  always  been  proud  to 
call  my  friend,  should  have  assailed  General  Cass  for  holding  doc- 
trines conservative  of  the  domestic  institutions  of  the  Senator's  own 
State. 

Mr.  MANGUM. — I  never  made  any  such  charge.  I  said  that 
he  had  made  no  avowal  upon  the  point  at  issue. 

Mr,  HANNEGAN. — Does  not  the  last  extract  which  1  have 
read  oonlain  an  avowal — a  very  strong  and  explicit  avowal  ?  The 
Senator  from  North  Carolina  hiiusclf  could  not  desire  one  nioro 
omphalic.  But,  will  my  friend  purdon  me  if  I  ask  why  it  is,  that 
while  assailing  our  candidate  for  what  he  thinks  proper  to  term 
bad  principles,  he  did  not  come  forward  with  some  of  the  princi- 
ples of  his  own  candidate  ?  He  has  assailed  our  niatform  at  Bal- 
timore— where  is  your  platform  at  Philadelphia  ?  Here  it  is — 
(holding  up  a  blank  sheet  of  paper,)  not  one  solitary  principle  is 
inscribed  upon  it.  You  take  your  candidate  on  trust.  You  once 
took  John  Tyler  on  trust,  and  never  were  curses  of  execration  so 
deep  and  so  loud  as  those  which  you  have  never  ceased  to  pour  out 
upon  his  devoted  head.  But  you  are  ready  to  take  anotlier  upon 
trust.  You  have  nominated  General  Taylor — and  I  am  the  last  man 
alive  that  would  assail  him  as  an  individual — I  believe  hira  to  be  a 
good,  honest,  brave  old  soldier.  But,  by  his  own  ndniission,  ho 
never  cast  a  vote  in  his  life  for  any  olficer,  from  constable  up  to 
President.  You  say  you  will  dictate  to  him.  But  wo  seek  in  vain 
for  any  indications  of  your  policy.  True,  you  assail  us  for  the  In 
dependent  Treasury,  which  has  given  security  to  the  finances  uf 
the  country  ;  and  on  account  of  the  tarilV of  'lU,  which  is  this  year 
yielding  ns  thirty-iwo  millions,  alihough  you  told  us  it  would  not 
bring  over  si.xteen  or  seventeen  millions.  You  assail  us  also  on 
account  of  this  Mexican  war;  but  remember  that  General  Taylor 
was  a  great  instigator  of  it,  and  a  leading  actor  in  that  war.  Nay, 
the  Senator  from  Norili  Carolina  himself  earnestly  aided  in  givinc 
to  that  war  an  otiicial  character. 

Mr.  MANGUM.- 
amble  all  the  time. 


-(in  his   seat.) — ^Protesting  against  Iho  pre 


Mr.  HANNEGAN. — The  Senator  says  that  he  cannot  oompio 
hend  our  principles  by  our  resolulions.  Let  him  look  at  our  prac- 
tice— lot  him  .see  the  results  of  this  very  war.  I  thank  the  Sena- 
tor for  his  aid.  His  course  was  patriotic,  as  I  believe  his  heart  to 
be.  The  war  has  resulted  in  the  acquisition  of  an  empire.  But, 
then,  the  Senator  charges  us  with  covering  up  our  principles  in 
language  which  cannot  be  comprehended.  Pray  what  proclama- 
tion of  princiido  do  yon  make  to  the  country  ?     At  Philadeiphi.t— 


July  3.] 


THE  ADJOURNMENT  RESOLUTION. 


819 


here,  evei-ywiiere,  it  is  "  old  Zack  for  President  and  old  Whitey 
for  Vice  President !"  Yes,  so  it  was  openly  proclaimed  in  the 
Philadelphia  convention.  And  are  you  certain  that  the  gentle- 
man who  made  that  nomination  will  not  be  a  member  of  the  cabi- 
net, and  insist  in  making  "  Old  Whitby"  a  judge  of  the  Supreme 
Court  ?  Caligula  made  his  horse  a  consul,  and  built  him  a  golden 
stable,  and  an  ivory  manger,  as  my  friend  suggested.  Tliese  are 
your  principles — this  the  proclamation  of  your  policy.  And  yet 
you  assail  us  for  havmg  demolished  the  bank  of  the  United  States, 
whose  gigantic  arm  overspread  the  land,  and  in  whose  grasp  the 
public  liberty  had  well  nigh  perished  !  You  assail  us  for  having 
tleslroved your  tariffof  '42,  which  built  up'  such  colossal  fortunes 
as  that  of  the  accomplished  gentleman  who  can  give  fifty  thousanil 
dollars  every  three  or  four  months  to  inscribe  the  name  of  '  Abbott 
Lawrence,"  on  some  great  literary  or  charitable  institution.  Wo 
broke  it  down,  and  enacted  a  law  which  stopped  the  aooumnia- 
lion  of  millions  in  individual  hands,  and  mcreased  the  comfort  and 
the  means  of  the  great  masses  of  the  people.  But,  then,  you  have 
nominated  "  Old  Zack"  and  "  Old  Whitey."  It  may  be  that  the 
intelligence  of  the  American  people  has  become  suddenly  blind. 
Madness  may  have  seized  upon  us.  The  tnv.es  are  portentous. 
One  of  the  signs  of  the  tmies  was  alluded  to  in  a  very  pleasant 
spirit  by  ray  friend  from  North  Carolina — the  demonstration  made 
by  that  arch-apostate  to  his  country  and  his  party — Martin  Van 
Buren.  It  may  be  that  madness  has  seized  upon  the  land,  but  I 
will  not  believe  it.  On  the  contrary,  I  believe  that  the  ides  of 
November  will  show  the  Senator  from  North  Carolina  and  his 
friends,  rising  from  the  banquet  which  they  would  fain  taste — the 
banquet  of  the  spoils — as,  in^the  language  of  England's  more  than 
Homer — 

"Roserhe  Danite  stroug. 
Herculean  Samson,  from  ihe  havlot-ltip 
Ol"  Phiiiiteau  Delilah,  and  waltej 
Sliorn  of  liij  strength  " 

Yes  !  in  the  very  act  of  raising  that  Taylor  flag  you  are  doomed 
to  be  forever  shorn  of  your  identity  and  strength. 

Mr,  JOHNSON,  of  Maryland  —I  do  not  rise  for  the  purpose, 
at  this  time,  of  discussing  the  qucsiiou  before  the  Senate.  The 
Senator  from  North  Carolina  informed  the  Senate  that  he  had  in 
his  possession  two  pamphlets,  containing  a  sketch  of  llie  life  and 
services  of  General  Lewis  Cass;  and  that  finding  them  on  exami- 
nation to  be  different  in  certain  particulars,  he  was  led  to  believe 
that  one  was  intended  for  circulation  in  the  North,  and  the  other 
for  circulation  in  the  South,  and  had  so  endorsed  them.  His  reason 
for  that  supposition  was,  that  in  one  of  the  pamphlets  be  found, 
what  purported  to  be  the  sentiments  of  Lewis  Cass  on  the  Wilmot 
proviso;  and  that  in  the  other  he  was  unable  to  find  anything  on 
that  subjeet,  except  a  very  brief  reference,  which  was  calculated 
to  make  the  public  believe  that  General  Cass  would  have  voted  lor 
the  proviso  m  other  eircnmstances.  The  passage  alluded  to  will 
be  loiind  in  the  edition  which  is  supposed  to  have  been  intended  lor 
the  North,  and  is  as  follows  : 

••  In  tlie  winter  of  1B47  the  AVilmot  proviso  was  introduced  into  the  .Senate,  as  sn 
amendment  to  the  three-million  bill,  by  a  federal  Senator  from  New  England.  The 
design  oI"  the  mover  was  evidently  to  defeat  the  passage  of  the  bill,  to  whidi  it  was  at- 
tached, and  to  enibarra^  the  administration  in  the  prosecution  of  tlie  war.  General 
Cas&  voted  against  the  proviso,  for  reasons  given  in  his  speech  on  the  occasion." 

It  is  evident  that  a  casual  reader,  not  acquainted  with  the  rea- 
soning given,  would  have  supposed  from  this  passage  that,  but  for 
the  proposed  amendment.  General  Cass  would  have  voted  for  it  ; 
and  that  his  vote  was  given  against  the  amendment,  in  order  to 
prevent  embarrassment  of  the  Administration  in  the  prosecution  of 
the  war.  That  paragraph  the  Senator  from  North  Carolina  in- 
formed us  was  also  to  be  found  in  the  pamphlet  which  he  imagined 
was  intended  for  the  South.  But,  in  order  to  make  it  palatable 
in  that  latitude,  it  was  accompanied  by  a  portion  of  a  letter  said 
to  have  been  written— and  no  doubt  was  written— by  General 
Cass  to  Mr.  Nicholson,     And  in  introducing  that  he  says  : 

"In  Daceniber.  1847,  General  Cass  gave  his  views  at  length  upon  the  "\Vihuot  pro- 
viso," in  a  letter  to  Mr.  Nicholson,  of  Tennessee.  In  that  letter  he  avowed  himself 
opposed  to  the  measure,  and  the  exercise  of  any  legislation  by  Congress,  over  any  of 
the  territories  of  the  United  Slates,  respecting  the  coiuestic  relations  of  their  inhabi- 
tants. He  believed  that  all  qneslious  of  that  nature  should  be  settled  by  the  people 
themselves,  who  ought  to  be  allowed  "to  tegulate  their  internal  concerns  in  their  own 
way."  anil  that  Cont;ress  hits  no  more  power  to  abolish  or  establish  slavery  in  such  ter- 
ntoriestlian  it  has  to  regulate  any  oUier  of  rlie  relative  duties  of  social  life — that  of  hus- 
band and  wite,  of  parent  anil  child,  or  of  master  and  servant." 

That  portion  of  the  edition  purporting  to  be  published  in  March 
is  not  to  be  fonnd  in  that  edition  purporting  to  be  issued  in  June. 
Taking  these  two  pamphlets  together,  the  Senator  from  North 
Carolina  was,  I  think,  perfectly  justified  in  supposing  that,  by 
whomsoever  these  two  pamphlets  were  prepared,  the  omission  to 
make  them  exactly  the  same  was  for  some  purpose.  That  finding 
an  exact  similarity  between  the  two  in  every  thing  excepting  this 
one  particular,  he  was  justified  in  the  inference  that  the  pamphlets 
were  intended  for  different  meridians,  and  that,  as  the  South  felt 
exceedingly  sensitive  upon  the  subject  of  this  interference  by  Con- 
gress with  the  rights  of  southern  citizens  to  migrate  to  the  terri- 
Tones  of  the  United  States  with  their  slaves,  their  good  opinion 
was  to  be  won  by  convincing  them  that  this  democratic  nominee 
would  veto  any  bill  looking  to  any  such  unjust,  or  supposed  to  be 
unjust,  discrimination  between  the  rights  of  citizens  of  the  South 
as  compared  with  those  of  the  North.  Now,  I  understand  the  ex- 
planation of  the  honorable  Senator  from  Indiana,  which  he  sup- 
poses to  be  entirely  satisfactory,  to  be  this — that  the  French  revo- 
tion  having  intervened,  or  the  intelligenca  of  it  having  been  re- 


ceived, after  the  issue  of  the  edition  of  this  biography  issued  in  the 
month  of  March,  it  was  thought  proper  by  the  biographer 

M-.  HANNEGAN,  (in  his  seat.) — And  after  the  nomination  at 
Baltimore, 

Mr.  JOHNSON.— I  understand.  It  was  thought  proper  by  tlie 
biographer  to  give  ti  the  public  the  opinions  of  General  Cass  on 
that  revolution  and  the  questions  connected  with  it ;  and  that  in 
order  to  do  so,  and  at  the  same  time  keep  the  pamphlet  within 
such  a  compass  as  would  enable  the  publishers  to  dispose  of  it  at 
the  contemplated  price,  it  was  necessary  to  omit  some  portion  ol 
the  March  edition,  as  otherwise,  the  pamphlet  would  exceed  the 
number  of  eight  pagej,  and  of  course  bo  charged  with  higher 
postage. 

Mr.  HANNEGAK,  (in  his  scat.) — And  a  higher  price.  It  was 
done  at  hi?  own  discretion  altogether. 

Mr.  JOHNSON. — That,  then,  is  the  explanation.  What  is  it 
worth  ?  It  may  be  satisfactory  to  my  friend  from  Indiana,  and 
perhaps,  standing  per  se,  it  may  be  satisfactory  to  others  ;  bui  not- 
withstanding the  indignant  feelings  ol  the  Senator  from  Indiana, 
expressed  with  that  impulsiveness  which  characterizes  him,  and 
which  does  dim  honor — notwithstjmding  the  emphatic  declaralion 
of  the  Senator  that  the  domorratic  party  is  incapable  of  fraud,  be 
needs  not  be  informed  that  parttzans  on  either  side  are  sometimes 
doing  that  which  honorable  men  would  scorn  to  think  of  doing. 
But  the  explanation  has  no  exislcnbc  in  fact, 

Mr.  HANNEGAN— I  had  it  from  a  member  of  the  House. 

Mr.  JOHNSON. — He  may  have  been  taken  in,  as  the  Senator 
was  taken  in.  The  unfortunate  "  federal  Senator"  [Mr.  Upham] 
having  heard  something  of  ihc  issue  of  these  pamphlets  obtained 
possession  of  copies,  one  of  them  dated  in  March  and  one  in  Jiir.c. 
Now,  what  will  the  Senator  from  Indiana  say  in  behalf  of  that 
young  man,  only  "  tweity-tive  years  of  age."  with  a  countenance 
beaming  with  candor  »nd  frankness,  when  he  is  informed  that  in 
the  copy  of  the  June  edition  which  has  fallen  into  the  bands  of  the 
Senator  from  Vermont  there  is  no  such  omission ! 

Mr.  HANNEGAN. — I  will  give  you  the  names  of  my  authori- 
ties for  the  explanation.  General  Bayly,  of  Virginia,  and  Howel 
Cobb,  of  Georgia. 

Mr.  JOHNSON. — Honorable  men  '.  And  you  are  "  all  honora- 
ble men!"  Now,  will  my  friend  from  Indiana  have  the  goodness 
to  take  that  edition  dated  in  March,  which  came  into  the  posses- 
sion of  the  Senator  from  Vermont,  and  do  me  the  favor  to  see 
whether,  on  the  eighth  page  of  that  pamphlet,  something  is  not 
said  of  Gen.  Cass's  opinion  of  the  Wilmot  proviso.  • 

Mr.  HANNEGAN,  (with  the  pamphlet  in  bis  hand,)— Tef|,j(t;i? 
here,  sir.  ,    ,  ',, 

Mr.  JOHNSON.— Now.  that  is  left  out,  says  the  Senator,  ih 
the  edition  of  June,  in  order  to  make  room  for  additional  matter. 
But  I  hold  in  my  hand  a  copy  of  the  edition  of  Jitne  in  which  that 
very  omitted  passage  is  to  be  found.  So  then,  we  have  two  edi- 
tions in  June,  one  intended  for  the  North  and  the  other  for  the 
South. 

Mr.  FOOTE.— Will  \he  Senator  allow  me  to  ask  him  a  ques- 
tion ! 

Mr.  JOHNSON.— When  I  have  concluded,  I  will  allow  the 
Senator  any  thing. 

Mr.  FOOTE. — [  merely  wish  to  know  whether  these  editions 
were  issued  by  the  same  authority  and  by  the  same  person  ;  wheth- 
er they  are  not  second  and  third  editions  of  the  first  pamphlet  issued 
by  other  persons  ? 

Mr.  JOHNSON. — They  have  all  been  published  at  the  same  of- 
fice ;  they  are  all  printed  on  the  same  paper,  in  the  same  type  ; 
and,  for  aught  that  has  appeared  to  the  contrarj",  written  by  the 
same  young  man  of  only  "twenty-five  years  of  age,"  with  the 
frank  antl  candid  countenance. 

A  word  or  two  upon  the  apparent  purposes  of  that  publication, 
and  I  have  done.  It  was  stated,  during  the  last  campaign,  (and 
every  one  conversant  with  the  history  of  the  election  knows  that  it 
was  true,)  that  publications  were  issued  to  the  North  which  never 
found  their  way  to  the  South,  and  nice  vena.  I  am  well  aware 
that  my  valued  friends  of  the  democratic  part)'  are  as  incapable 
as  any  of  us  of  perpetrating  such  a  fraud  for  such  a  purpose  as 
that  of  elevating  any  man  to  the  Presidency — a  position  conferring 
honor  only  when  obtained  by  honorable  means.  But  such  things 
have  been  done.  Why,  I  ask,  in  the  name  of  all  that  is  decent, 
honorable,  and  of  good  report,  why  is  it  that  we  find  issuing  iVora 
the  '■  Congressional  Globe"  ollice — from  the  democratic  hall— 
from  "Jackson  Hall" — two  versions  of  the  life  of  General  Cass,  the 
same  almost  in  all  particulars,  except  in  this  single  particular, 
about  which  the  public  mind  is  more  sensitive  than  on  any  other 
subject  ?  Why  is  it  that  there  issues  from  that  olfice  not  only  two 
editions,  dated  one  in  March  and  the  other  in  June,  chfiracterized 
by  such  a  diflerence  ;  but  that,  in  the  month  of  June,  the  sarae 
month  of  the  same  year,  in  the  same  city,  and  from  the  same  office, 
there  is  found  emanating  two  editions  of  this  biography  marked 
by  the  same  designed  ditl'erence  ?  It  is  no  error  of  the  press.  The 
compositor  is  not  to  be  visited  for  tne  sm  How  did  it  happen  ? 
It  did  not  do  itself.     Who  did  it  2 


820 


THE  ADJOURNMENT  RESOLUTION. 


fMoNDAV) 


Mr.  HANN'EGAN— (in  his  seat.)— Some  villain  ! 

Mr.  JOHNSON.— No  doabt!  I  say.  too,  it  was  '•  some  vil- 
lain !'  ami  wlmt  has  been  done  since  the  deed  was  perpetrated  ? 
I  make  bc^ld  to  say  ihat  hundreds  of  thousand.?  of  these  editions  of 
Juno  have  been  scattered  broad. cast  over  the  land — the  one  in  the 
Nurih  and  the  other  in  the  South.  I  did  rejoice  to  hear  the  Sena- 
t  ir  frcm  Indiana  make  the  explanation  which  was  apparently  sat- 
jefactory.  It  gives  me  unmixed  gratification  to  believe  that  with- 
in t!ie  nimo^phero  of  Conn;ress,  there  could  be  found  no  man  base 
enough  to  act  either  as  employer  or  employee  in  the  work  of  et- 
temptintj  t|,us  to  deceive  the  public  for  such  a  purpose.  But  the 
iexplanaiion  falls  to  the  ground.  The  facts  set  it  altogether  aside. 
Tiilk  about  "platforms!"  There  is  but  one  platform  which  can 
command  any  respect.  It  is  the  platform  of  honor  and  integrity. 
Uonorulile  men  ol  ull  parties  must  unite  in  indignant  reprobation 
of  the  misoriiblo  artifice — the  paltry  trick,  which  this  day's  discus- 
sii.n  has  detected  and  exposed.     Nor  let  it  be  said  that  this  diver- 

fencc  from  the  question  directly  before  the  Senate,  has  been  pro- 
iKss,  or  a  waste  of  time.  A  base  attempt  to  delude  and  defraud 
the  American  people  has  been  frustrated.  The  author  of  it,  who- 
ever he  may  be,  stands  convicted  of  "false  pretences"  in  the  judg- 
ment if  ihe  whole  community. 

Of  Gen.  Cass's  pretensions  to  the  Presidency,  I  shall  speak  here- 
afier  on  a  proper  occasion.  But  if  here,  no  man  would  more  in- 
dignamly  denounce  than  he,  this  miserable  trickery  which  would 
almost  disgrace  that  class  of  our  fellow  men  who  are  so  degraded 
as  lo  seek  the  means  of  support  by  cheating  at  the  gambling  ta- 
ble. Their  operations  are  limited  to  a  small  circle  ;  but  this  mode 
of  eleciioiicenng,  pernicioue  and  detestable  as  it  is,  affects  the  in- 
leres  8  of  the  people  of  the  United  States,  and  not  their's  alone, 
but  those  uf  all  who  love  constitutional  freedom  throughout  the 
World. 

Mr.  HANNEGAN. — I  am  very  much  surprised  by  the  disclo- 
Wirt  w  iicli  iias  been  made  by  the  Senator  from  Maryland.  Had  I 
been  uWHve  that  there  were  two  June  editions  of  this  biography  of 
Gcnciul  Cass,  1  would  have  announced  thai  fact  to  the  Senate. — 
When  1  inierrupted  the  Senator,  1  was  satisfied  that  there  must 
te  si  mu  mistake  about  this  matter,  and  I  think  so  still.  At  once 
and  |i  rcver,  on  the  part  of  every  democratic  member  of  both  hou- 
ses of  Congress,  I  disclaim  all  participation  in  this  transaction.  On 
the  I  art  of  every  friend  of  General  Cass,  I  indignantly  repudiate 
any  share  in  any  attempt  to  deceive  the  public  mind.  As  to  the 
Jiuiure  of  I  he  oceurrfnee  itself,  permit  me  to  .say  one  word  m  reply 
lo  my  Incnde  from  Maryland  and  North  Carolina.  The  omission, 
altcraiion,  ditferenec,  or  by  whatever  other  name  you  please  to 
call  li,  is  quiic  unsubstantial.  Whoever  may  be  the  unhappy  and 
misju.di'd  man  who  made  the  alteration,  if  it  was  designedly  done, 
it  i>  iicilicily  preposterous  to  bring  the  thing  forward  as  a  grave 
charsje  against  General  Cass  and  the  democratic  party.  Why 
hak  It  Wvn  prCBented  here  ?  Is  this  chamber  to  become  a  mere 
arena  lur  Presidential  gladialorship  '  Are  we  to  step  from  our 
hijjh  11.  Hic  and  sink  into  the  mere  business  of  electioneering  for 
rival  cii  d  d.ues  for  the  Presidency  ?  I  protest  against  every  thing 
of  ihc  kind,  i  hold  a  seat  in  this  chamber  to  be  lar  elevated  above 
all  ilu.M'  fancied  enjoyments  of  the  station  to  which  so  many  as- 
pire, and  ill  piirtnit  of  which  so  many  have  gone  mad.  Why  should 
ve  waste  our  time  in  discussing  the  pretensions  of  Presidential 
aspirants?  Do  you  want  the  history  of  Lewis  Cass?  Do  you 
wisli  to  luvesiigate  his  principles?  If  you  do,  go  study  the  histo- 
ry of  the  country  from  about  the  middle  of  Mr.  Jefferson's  admin- 
istraiion  to  the  present  hour  Do  you  desire  to  know  his  political 
views  upon  any  of  t.  e  great  questions  that  agitate  the  country  1 
Go  to  your  journals — to  the  records  of  j'our  proceedings  and  de- 
bates, preserved  here  by  your  faithful  official  reporter.  There  you 
will  rtiid  Ills  sentiments  declared  with  that  frankness  and  manliness 
whiuli  characterize  him.  There  is  no  dodging  about  him.  The 
record  of  your  debates  shows,  that  he  was  always  prepared  to  de- 
clare his  views  and  sentiments,  and  that  every  interrogatory  and 
every  demand  met  a  lull  and  prompt  response.  This  is  the  re- 
told that  we  read  daily,  north,  south,  east,  and  west,  and  I  do 
)irotesl  against  this  attempt  to  hold  General  Cass  and  the  derao- 
craiic  party  responsible  for  this  alleged  deception. 

Mr.  MANGUM. — We  do  not  hold  him  responsible  for  it. 

Mr-  HANNEGAN.— Well,  then,  I  have  nothing  more  to  say 
on  the  subject. 

Mr.  FOOTE. — It  must  be  obvious  to  all  that  the  Senator 
from  .Maiyland  has  failed  most  egregiously  in  his  attempt  to 
estiiblieh  hl^  charge  of  there  having  been  two  editions  of  the  life 
of  Cuss  published  in  thic  city  under  democratic  direction,  one  for 
ciicuiaiion  in  the  North,  and  the  other  in  the  South;  differing 
I'ri.m  each  other  in  regard  to  the  Wilmot  proviso.  The  truth  is — 
us  1  nni  told  can  be  easily  proved,  if  neccss,ary — that  there  never 
have  hi  en  two  editions  on  hand  at  the  Globe  office  at  the  same 
time;  and  that,  of  all  the  editions  published,  as  large  a  number 
wei  e  sent  to  one  section  of  the  Union  as  to  the  other.  In  addition, 
1  will  rimaik,  that  there  i»  really  no  repugnance,  or  very  material 
difference  of  any  kind,  between  the  two  editions  which  have  been 
luhjected  to  criticism  here,  lO  far  as  the  Wilmot  proviso  is  con- 
ceriud  One  of  these  edition!  runs  somewhat  more  into  detail  on 
tins  Mibjecl  than  the  other,  which  it  was  deemed  expedient  to  en- 
li>en  ;  ad  adorn  with  the  letter  of  General  Jackson,  and  General 
Cafs'i!  views  in  rcgnrd  to  the  revolutionary  movements  in  France 
^u  eubjeci  which  h«  ia  well  known  to  haTS  (U»ciuM<l  at  •  pablio 


meeting  in  this  city  some  time  after  the  first  edition  of  his  life  had 
issued  from  the  press.  Besides,  sir,  this  earnestly  urged  charge 
becomes  perfectly  ridiculous  when  we  reflect  upon  (lie  fact  that 
General  Cass's  letter  lo  Mr.  Nicholson,  plainly  declaring  his  bos. 
lility  to  the  Wilmot  provijo,  has  bsen  published,  in  pamphlet  ioim, 
by  thousands  upon  thousands,  and  distributed  all  over  the  repub- 
lic, and  has  been  republished  in  every  leading  democratic  and 
whig  newspaper  on  the  continent;  so  that  it  cannot  be  possible 
that  any  intelligent  man  any  where  can  be  ignorant  of  his  true  at- 
titude. Why,  sir,  I  have  seen  some  ten  or  a  dozen  different  lives 
of  General  Taylor,  and  some  of  them  ridiculous  enough,  God 
knows;  but  who  ever  rhonght  of  holding  him  or  the  whig  party 
responsible  for  any  of  them  ?  I  will  not  argue  this  matter  grave- 
ly; I  scorn  to  do  so;  it  is  unworthy  of  this  body  and  the  respecta- 
ble Senator  who  introduced  it  to  our  notice. 

The  Senator  from  North  Carolina,  [Mr.  Manoum,]  has  dosed 
his  elaborate  defence  of  General  Taylor;  an  address  character- 
ized by  ability,  learning,  a. id  a  peculiar  astuteness  of  mind.  But 
all  will  admit,  who  have  listened  to  it,  that  he  has  given  no  new 
information  to  the  Senate  and  the  country  relative  to  Gensral 
Taylor's  political  opinions.  This  is  just  as  I  had  aniieipaied,  and 
had  befori^band  ventured  to  predict.  Surely,  if  any  one  knows 
anything  positively  on  this  subject,  the  Senator  from  North  Caro- 
lina cannot  remain  in  ignorance.  He  is  one  of  the  most  prominent 
leaders  of  the  whig  party;  and  though  it  be  true,  as  he  says,  that 
he  is  but  newly  initiated  in  the  Eleusinian  mysteries  of  Taylorism, 
yet  suflicient  time  having  elapsed  since  General  Taylor's  nomina- 
tion lo  allow  the  Senator  from  North  Carolina  to  give  in  his  adhe- 
sion to  him,  I  do  not  see  why  we  might  not  reasonably  demand 
from  him  one  or  two  substantial  political  reasons  at  least  for  sup- 
porting him  as  a  Presidential  candidate.  If  not  originally  as  much 
in  the  confidence  of  his  chosen  candidate  as  some  others,  I  trust 
that  he  at  least  occupies  such  an  attitude  at  present  as  will  enable 
him  to  learn  all  that  it  is  important  for  him  to  find  out  concerning 
the  principles  of  his  candidate,  to  enable  him  to  do  efficient  ser- 
vice in  his  support. 

Mr.  Presldant,  I  regret  that  my  friend,  the  Senator  from  North 
Carolina,  who  so  decidedly  declines  a  regular  vindication  of  the 
whig  ticket,  should  have  put  himself  to  the  trouble  of  assailing 
that  of  the  democratic  party.  More  especially  do  I  regret  that  he 
should  have  gone  out  of  his  way  to  denounce  Geceral  Cass's  al- 
leged change  of  opinion  upon  the  Wilmot  proviso.  I  have  hereto- 
fore explained  the  conduct  of  General  Cass  in  regard  to  this  im- 
puted change  of  opinion,  and  will  not  trouble  the  Senate  further 
on  the  subject  at  this  time.  But  before  my  friend  from  North 
Carolina  so  boisterously  complains  of  General  Cass's  supposed  in- 
consistency, and  charges  it  so  fiercely  to  be  a  deeply  disreputable 
thing  for  a  statesman  of  years  and  experience  to  undergo  and  confess 
the  least  alteration  of  judgment  upon  a  grave  public  question,  1  am 
of  opinion  that  it  would  be  at  least  discreet  in  him  to  recollect, 
that  perchance  he  is  not  himself  now  the  advocate  here  of  all  the 
principles  which  he  once  zealously  maintained.  I  shall  not  go  at 
large  and  minutely  into  the  history  of  that  worthy  Senator,  for  the 
purpose  of  pointing  out  his  inconsistenceies;  but  there  is  one  re- 
markable change  ol  opinion,  made  manifest  by  the  Senator  for  the 
first  time,  I  believe,  in  the  progress  of  this  debate,  which  is  alto- 
gether so  glaring  and  material  that  he  will  excuse  me  for  making 
specific  mention  of  it.  It  will  be  recollected,  that  whilst  the  Sen- 
ator from  North  Carolina  was  addressing  the  Senate,  I  propound- 
ed several  interrogatories  to  him,  which  he  undertook  to  answer. 
Among  them  were  the  following:  What  were  General  Taylor's 
views  touching  the  origin  of  the  JVIexican  war?  Did  he  believe  it 
to  have  arisen  by  the  act  of  Mexico,  or  by  the  act  of  the  United 
States?  Was  Mexico  in  the  right  in  regard  to  the  commencement 
of  the  war,  and  our  country  in  the  wrong?  Or  was  Mexico  in  the 
wrong,  and  our  country  in  the  right?  The  honorable  Senator 
avowed  that  he  could  not  answer  for  General  Taylor,  but  had  no 
hesitation  in  answering  for  himself;  and,  in  doing  so.  declared, 
that  it  was  his  deliberate  conviction  that  the  war  had  been  com- 
menced by  the  President  of  the  United  States,  and  unjustly  and 
unnecessarily  commenced  by  him.  I  shall  not  stop  now  to  defend 
the  President  and  our  own  country  from  the  present  animadver- 
sions of  the  Senator  Irom  North  Carolina.  I  prefer  reminding  the 
Senator  of  what  he  himself  said  in  this  body,  on  a  very  noiea  oc- 
casion. When,  sir,  on  the  12th  day  of  May,  1846,  a  bill  was  received 
from  the  House  of  Representatives,  entitled  "An  act  providing  for 
the  prosecution  of  the  existing  war  between  the  United  Slates  and 
the  Republic  of  Mexico,"  and  was  undergoing  considering  in  this 
chamber,  the  honorable  Senator  from  >forth  Carolina  addressed 
the  Senate  at  some  length,  and  used,  in  the  progress  of  his  speech, 
the  following  language: 

'•  H-'  liail  no  disposition  to  einbarrs^*  Un-  pamage  of  tlie  bill,  lie  iLooM,  liowovw. 
fjreally  hesitate  to  voli*  for  It  in  its  present  stiape,  inasmncli  as  it  was  eqaivalent  lo  s 
dectaratioii  of  war ;  but  tie  wai  prepared  at  once  to  vote  supplies  to  anv  aDionot, 
wtiether  ot  men  or  money.  All  tie  asked  whs,  that  Uie  potiticat  i]ue«tioD  ai  lo  tha 
actual  iTiatenee  of  a  tear  might  be  leparated  trom  the  vote  of  snppheit.  ll'ihe  frienda 
of  the  Administration  wanted  their  fitly  thousand  men  and  tlieir  ten  millions  of  dol- 
lais.the^  could  have  both  in  half  an  hour,  if  they  svould  not  embarrass  the  bill  by 
connecting  it  with  the  other  questions."  *  »  •  "  They  were  not  willing  lo  as 
sunie  the  tad,  without  evidence,  tliat  a  state  uf  war  betwi>en  the  United  States  and 
Mexico  did  dctoallv  e.Tist.  i>upppse  that  the  troops  which  crossed  the  Rio  OraniU 
(Mexican  troops  ol'  course]  had  acted  vithout  the  avthortty  of  their  Ooremmtnt,  fas 
now,  Mr.  President,  we  know  they  did  not, J  and  that  the  collisTun  which  had  unhap- 
pily taken  place  was  otcin^  to  thetr  own  uTiauthoriied  act;  wu  any  Senator  prej  s^ed 
to  say  that,  according  to  the  doctiines  of  national  law,  this  constituted  a  state  of  war 
between  llie  two  nations  1  The  act  of  these  miittary  oncers  might  vet  be  disavow- 
ed," ic.  •  •  *  ■■  If  we  were  actually  at  war,  then  he  was  under  the  imprvs- 
mon  that  our  forc«s  ought  to  cross  the  river,  and  that  we  should  not  stop  inul  w«  h*d 
sUtttateU  pMoc  at  tba  capital  of  tb*  MarucoA  Mapiie." 


July  3.J 


THE  ADJOURNMENT  RESOLUTION. 


821 


Well,  Mr.  President,  we  have  since  ascertained,  and  the  Sena- 
tor will  not  deny  the  fact,  that  all  which  was  done  by  the  Mexican 
officers  and  soldiers  referred  to,  so  far  from  being  disavowed  by 
their  covernment,  was  done  by  express  orders  of  that  government, 
and  has  been  repeatedly  sanctioned  and  justified  in  the  most  sol- 
emn and  formal  manner.  We  all  know  that  a  state  of  war  did 
actuallv  exist  on  the  I2th  day  of  May,  1846,  not  by  the  unathor- 
ized  act  of  Mexican  officers  and  soldiers,  but  under  the  express  au- 
thority of  the  Mexican  covernment ;  and  the  President  ascertain- 
ing these  to  be  the  actual  facts  of  the  case,  did,  in  accordance  with 
the  recommendation  of  the  Senator  from  North  Carolina,  use  all 
the  men  and  money  placed  in  his  hands,  in  the  vigorous  prosecu- 
tion of  the  war,  and  has  actually  "  dictated  peace  at  the  capital 
of  the  Mexican  empire."  And  now  what  is  the  conduct  of  the 
Senator  from  North  Carolina?  Why,  he  turns  short  round  upon 
the  President,  asserts  that  he  brought  it  on,  and  not  the  Mexican 
government  at  all,  and  denounces  him  the  harshest  manner  for 
what  ho  has  thought  it  incumbent  upon  him  to  do  in  vindication  of 
the  national  honor.  If  the  Senator  from  North  Carolina  will  spe- 
cify one  such  act  of  inconsistency  in  the  whole  history  of  General 
Cass  as  a  siatesmiin,  I  shall  be  willing  tj  admit  that  the  censures 
which  he  has  bestowed  upon  him  are  not  wholly  undeserved. 

Mr.  NILKS — I  think,  sir,  that  the  Senator  from  JVIississippi 
has  done  remarkably  well !  I  rise  only  for  the  purpose  of  saying, 
that  considering  this  as  a  "  ratification  meeting,"  and  comparing 


it  with  the  accounts  of  similar  meetings  all  over  the  land,  I  must 
congratulate  the  Senate  and  the  country  that  it  has  been  conducted 
with  so  much  decoium  and  propriety  !  There  have  been  no  cheers, 
no  groans,  no  hisses.  All  that  seems  to  be  wanting  is  the  intro- 
duction of  a  resolution  for  the  ratification  of  the  nominations  of 
Presidentinl  candidates.  Whatever  their  powers  of  defence,  I 
must  congratulate  honorable  gentlemen  on  both  sides  on  their  abil- 
ity in  assault.  They  have  reminded  me  of  an  anecdote  of  Dr. 
Franklin.  Two  men  got  mto  a  violent  quarrel,  and  after  abusing 
each  other,  and  calling  all  sorts  of  hard  names,  they  agreed  to 
refer  the  matter  to  the  Doctor.  The  Doctor  heard  their  state- 
ments, and  then  remarked,  that  he  did  not  understand  the  matter 
himself,  but  it  was  undeniable  that  the  individuals  aggrieved  seeme# 
to  understand  each  other  rcmarkiihly  well.  In  ihc  present  instance 
each  parly  appcius  to  have  a  much  better  acquaintance  wiih  bis 
opponeni's  side  than  with  bis  own  !  Each  has  been  very  successful 
in  attacking  the  candidate  of  the  opposite  side,  but  neither  success- 
ful in  d"lending  his  own.  I  rose  lor  the  purpose  of  saying  that  I 
think  this  irreleva'-.t  debate  has  proceeded  far  enough  ;  and  I  shall 
feel  it  to  be  my  duty  to  make  a  point  of  order  if  it  is  persisted  in. 

Mr.  CLAYTON  thtn  obtained  the  floor,  and, 

On  motion, 

The  Sauate  adjourned. 


822 


THE  ADJOURNMENT  RESOLUTION. 


TWednesday, 


WEDNESDAY,  JULY  5,  1848. 


REPORT  FROM  THE  TitEASORY  DEPARTMENT. 

•  Tli9  VICE  PRESIDENT  laid  before  the  Senate,  a  report  of 
the  Secretary  of  tlie  Treasury,  made  in  compliance  with  a  reso- 
lution of  the  Senate,  conimunicatin;;  information  in  possession  ol 
iha  Treasury  Department,  in  regard  to  the  manner  in  which  the 
interest  <in  ihe  ptiblic  debt  has  been  paid  at  Boston,  New  York, 
Philadelphia,  and  other  places;  which  was  read  and  ordered  to  be 
printed. 

PETITIONS. 

Mr.  NILES  presented  two  petitions  of  citizens  of  Troy,  New 
York,  praying  a  reduction  of  the  postage  on  letters. 

Ordered,  That  they  lie  on  the  table. 

SURVEY   OF   RED  RIVER. 

Agreeably  to  notice,  Mr.  JOHNSON,  of  Louisiana,  asKea  and 
obtained  leave  to  bring  in  a  bill  to  provide  for  a  survey  of  the  Red 
river  from  its  mouth  lo  the  head  of  its  navigable  waters;  which 
was  read  the  first  and  second  time  by  unanimous  consent;  and  it 
was 

Ordered,  That  it  be  referred  to  the  Committee  on  Commerce, 
dnd  that  it  be  printed. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President:  Tbe  IloQ^cofRrepreseuIadves  have  passed  a  joint  resoiulioQ  di«pu 
»Dg  of  two  bta^s  tiekl  pieces  eitpuned  al  tile  battle  of  Bennington  in  1777,  in  whicli 
Ibey  request  the  concuireneeof  the  Senate. 

The  Speaker  of  the  House  of  Representatives  having  signed  an  enrolled  bill,  1  am 
directed  to  bring  it  to  the  Senaie  for  the  signature  of  their  President. 

THE  ADJOtTRNMENT  RESOLUTION. 

The  Senate  resumed  tbe  consideration  of  the  resolution  passed 
by  the  House  of  Representatives,  fixing  u  day  for  the  adjournment 
of  Congress. 

Mr.  NILES. — I  gave  notice  the  other  day,  that  if  this  debate 
was  followed  up,  I  should  raise  a  point  of  order. 

Mr.  CLAYTON.— I  believe  I  have  the  floor. 

Mr.  NILES. — I  will  allow  the  Senator  to  proceed  of  course,  as 
ho  is  entitled  to  the  floor  ;  but  if  he  pursues  the  irrelevant  course 
which  this  debate  has  already  assumed,  I  shall  be  compelled  to 
call  him  to  order. 

Mr.  CLAYTON.— I  do  not  know  that  I  should  have  troubled 
the  Senate  upon  this  resolution,  in  relation  to  the  subject  which  is 
the  common  topic  of  discussion  hers,  had  I  not  been  directly  and 
personally  appealed  to  by  the  .'•enator  from  Mississippi,  who 
seems  to  apprehend  that  I  have  some  particular  knowledge  of  the 
views  and  opmions  of  General  Taylor  upon  the  various  political 
questions  which  are  agitated  in  this  country.  I  am  averse,  as  all 
who  know  any  thing  of  my  course  here  will  acknowledge,  to  the 
introduction  of  topics  which  are  irrelevant  to  the  matter  before 
the  Senate,  and  I  feel  now  the  awkwardness  of  my  position  in 
rising  to  discuss,  before  such  a  body  as  this,  matters  which  have 
no  sort  of  pertinency  to  the  subject  under  consideration.  Yet,  ap- 
pealed to  as  I  have  been  by  the  Senator.  I  cannot  withhold  a  full 
and  free  expression  of  my  own  opinions  in  reg.ard  to  those  topics 
which  have  excited  so  much  interest  in  him.  Let  me  say  in  the 
outset  I  have  no  other  means  of  access  to  the  opinions  of  General 
Taylor  than  those  which  every    other  citizen  of  this  republic  has. 

Mr.  NILES. — I  rise  to  a  question  of  order.  And  my  point  of 
order  is,  that  this  discussion,  in  regard  to  the  character,  qualifica- 
tions, and  general  fitness  of  General  Taylor,  of  General  Cass, 
and  other  candidates  lor  the  Presidency,  is  irrelevaait  to  the  ques- 
tion before  the  Senate,  and  hardly  consistent  with  the  decorum  of 
this  body,  or  the  dignity  which  we  ought  to  tna.intain.  It  is  a 
range  of  debatu  which,  I  believe,  has  never  been  l(.>lerated  here 
since  I  have  had  the  honor  of  n  seat  in  this  body. 

Mr.  WESTCOTT. — I  very  much  regret,  that  the  Senator 
froiTi  Connecticut  should  have  felt  bound  to  raise  this  question  of 
order.  .Since  the  Senator  intimated  his  intention  to  raise  the  ques; 
lion,  I  have  e.xamined  the  rules  of  the  Senate,  and  1  can  find  noth- 
ing therein,  that  will  authorize  the  Presiding  Dllicer  to  determine 
that  this  debate  is  not  jicrtinent  to  the  subject  of  the  resolution. 
Uesides,  if  Congress  can  settle  the  point,  as  to  who  is  best  enti- 
tled to  bo  elected  to  the  Presidential  chair,  tbe  people  will  be  re- 
lieved from  the  trouble  of  determining  the  question. 

PRESIDING  OFFICER.— The  Senator  is  laware,  that  a  mat- 
ter of  this  sort  must  be  decided  without  debate. 

Mr.  FOOTE.— I  wish  to  set  myself  right. 


PRESIDING    OFFICER.— The 

without  debate. 


question    must    be    decided 


Mr.  FOOTE, — I  merely  desire  to  make  an  explanation. 

Mr.  BERRIEN. — The  Senator's  object  can  be  attained,  by 
taking  an  appeal  from  the  decision  of  the  chair.  The  question 
will  then  be  open  to  debate. 

Mr.  CLAYTON. — I  wish  to  say  a  word  before  the  chair  de- 
cides. 

Several  Senators. — Oh,  no,  let  the  decision  be  made. 

The  VICE  PRESIDENT  stated  that  he  had  been,  for  several 
days,  of  opinion  that  the  debate  on  this  resolution  had  taken  too 
wide  a  range;  and  now,  that  the  point  was  made,  he  decided  that 
the  Senator  from  Delaware  was  out  of  order. 

Mr.  CLAYTON.— From  that  decision  I  appeal  ;  and  I  wish  to 
state  to  the  Senate  the  grounds  upon  which  I  make  the  appeal. 
The  honorable  Senator  froin  Mississippi,  who  introduced  this  sub- 
ject into  the  discussion,  told  us  that  he  supposed  that  gentlemen 
on  this  side  of  the  chamber — friends  of  General  Taylor — were 
anxious  for  an  early  adjournment,  and  their  object  was  to  avoid  a 
discussion  of  those  very  topics  to  which  he  said  he  was  about  to 
provoke  us.  This  .subject,  then,  having  been  connected  with  the 
discussion  upon  the  resolution,  I  think  it  is  not  out  of  order  for  us 
to  pursue  it.  We  wish  to  show,  what  is  true,  that  we  do  not  aim 
to  shorten  the  session  for  the  purpose  of  avoiding  any  question  that 
may  be  proposed.  And  I  think  I  need  only  appeal  to  the  justice  of 
gentlemen  on  the  other  side,  after  all  that  has  occurred  here,  to 
allow  us  to  be  heard  in  reply  to  the  interrogatories  of  the  Senator 
from  Mississippi.  The  debate  has  proceeded  until  all  that  can  be 
said  on  one  side  has  been  said,  and  now  with  what  propriety  can 
gentlemen  refuse  to  allow  us  to  reply  V  I  make  my  appeal  to 
their  sense  of  justice  as  well  as  their  generosity,  to  reverse  the 
decision  of  the  chair. 

Mr.  MANGUM. — With  a  view  that  no  precedent  may  be  set 
lo  embarrass  the  pn'gress  of  the  Senate,  I  move  that  the  question 
of  order,  together  with  tbe  appeal  lie  upon  the  table.  I  under- 
stand the  effect  of  that  motion  wdl  be  to  leave  the  discussion  open 
as  before. 

Mr.  TURNEY.— The  chair  has  decided  the  discussion  to  be 
out  of  order,  and  it  mustbe  so  considered,  therefore,  until  that  de- 
cision is  reversed. 

Mr.  MANGUM. — My  purpose  is,  if  the  motion  I  have  made 
prevails,  to  follow  it  with  another  motion,  that  the  Senator  from 
Delaware  be  permitted  to  proceed. 

Mr.  CALHOUN.— Will  the  Senator  withdraw  his  motion  for  a 
moment. 

Mr.  MANGUM.— Certainly. 

Mr.  CALHOUN.— I  am  sorry  that  this  debate  has  arisen,  but 
having  arisen,  and  having  been  permitted  to  proceed  thus  far,  I 
doubt  the  propriety  of  cutting  off  the  debate  at  its  present  stage. 
The  point  of  order  should  have  been  made  earlier,  and  not  having 
been  made,  the  better  way  will  be  to  permit  it  to  go  on  to  its  con- 
clusion, with  the  understanding  that  it  shall  conclude  to-day. 

Mr.  BERRIEN.— I  feel  all  the  embarrassment  of  my  position 
under  the  sense  of  duty  which,  as  a  member  of  this  body,  I  feel 
that  I  owe  to  the  countrv.  I  would  hear  the  Senator  from  Dela- 
ware with  great  pleasure;  I  believe  with  the  Senator  from  South 
Carolina,  that  the  debate  ought  to  have  been  arrested  long  ago, 
tut  I  cannot  persuade  myself,  that  because  I  have  failed  to  do  my 
duty  heretofore,  I  am  absolved  from  the  obligation  to  jjerform  it 
now.  I  ask  of  Senators,  if  we  are  meeting  the  wishes  of  our  con- 
stituency by  a  discussion  of  this  sortV  We  are  approaching  the 
termination  of  the  session;  there  is  important  business  to  transact; 
the  country  is  looking  to  us  to  transact  it,  and  we  are  doing  what? 
Employing  our  time  with  the  discussion  of  questions  with  whicli 
we  have  nolbiiig  tu  do.  I  cannot,  under  a  sense  of  the  duty  I  owe 
to  the  country,  acquiesce  in  this  thing.  I  regret  that  the  debate 
has  gone  thus  far,  and  I  regret  that  gentlemen,  if  the  decision  of 
the  chair  is  sustained,  will  not  have  an  opportunity  of  expressing 
their  views  as  fully  as  they  desire  upon  all  questions;  yet  I  think 
that  the  Senator  from  Connecticut  in  making  tbe  motion  he  has 
made,  has  performed  the  duty  that  was  incumbent  on  him. 

Mr.  FOOTE.— It  is  most  evident  from  the  remarks  of  gentle- 
men who,  1  think,  have  not  weighed  the  matter  as  they  should 
have  done,  before  they  made  those  remarks,  that  I  am  responsible 
as  the  originator  of  this  debate.  The  debate  is  pronounced  to  be 
out  of  order,  and  I  am  recognized  as  the  main  ottender.  I  am 
very  clear  that  this  debate  is  as  strictly  in  order  as  any  debate  that 
has  occurred  since  I  have  been  a  member  of  this  body.  Who  is  to 
prescribe  for  us  the  course  of  argument  we  are  to  pursue  upon 


July  5.]      7] 


THE  ADJOURNMENT  RESOLUTION 


823 


any  question  ?  I  presume  there  can  be  no  rule  of  the  Senate 
whiciiinakes  it  necessary  that  a  member  should  practice  hypoc- 
risy, and  conceal  his  real  opinions.  I  entertain  an  opinion— and 
that  opinion  I  have  stated  solemnly  and  earnestly — that  the  desire 
manifested  by  some  members  of  the  bocjy  to  have  an  early  day  Tor 
adjournment  was  dictated  by  a  disinclination  on  their  part  to  meet 
■■ertain  Issues.  I  stated  that  I  was  anxious  to  ascertain  what  dis- 
position was  likely  to  bo  made  of  a  groat  question  connected  willi 
the  organization  of  the  territories  of  Orcjjon,  California,  and  New 
Mexico:  I  was  desirous  that  that  question  should  be  settled  before 
we  adjourned,  for  if  not  settled,  1  apprehended  that  fearful  con- 
sequences might  ensue.  And  I  stated,  with  equal  explicilness, 
that  I  was  unwilling  that  Congress  should  draw  ils  labors  to  a 
close  before  wo  had  ascertained  the  views  and  opinions  of  a  cer- 
tain distinguished  member  of  the  whig  partv,  who  is  before  the 
people  as  a  candidate  in  the  Presidential  contest.  Is  it  not  a  fad, 
that  members  of  the  Senate  and  of  the  House  of  Representatives, 
have  been  part  and  parcel  of  tl)p  convention  by  which  their  can- 
didate was  nominated,  and  is  it  not  reasonaiile  to  demand  that 
they  should  disclose,  upon  what  principles  the  contest  is  to  he  con- 
ducted on  their  pan?  I  confess  that  I  am  responsdile  for  the 
commencement  of  this  debate,  and  I  know  that  most  of  the  mem- 
bers of  this  body  with  whom  I  am  in  the  habit  of  acting,  so  far 
fi<)m  censuring  me  for  having  done  so,  record  their  approbation; 
and  as  to  the  debate  being  irrelevant.  Senators  will  bear  me  out 
in  saying  that,  it  is  not  more  so  than  many  other  debates  that  have 
taken  place  hero  Some  years  ago,  I  recollect,  the  Senator  from 
Massachusetts  made  one  of  the  most  masterly  speeches  ever  made 
in  ancient  or  modern  times,  and  the  Senator  frouj  South  Carolina. 
in  replying  to  that  speech,  remarked  that  the  Senator  had  spoken 
upon  every  question  but  the  one  before  the  Senate,  and  to  that  he 
had  not  given  even  a  passing  glance.  I  have  heard  a  good  deal 
said  about  Senatorial  usage,  and  I  undertake  to  say  that  Senatorial 
usage  will  bear  me  out  in  the  course  I  have  pursued  in  relation  to 
to  this  debate.  If  I  am  wrong,  I  have  not  erred  without  prece- 
dent. And  not  to  allow  the  Senator  from  Delaware  an  opportu- 
nity to  discuss  the  question  would  be  doing  him  serious  wrong. 

Mr.  HAMLIN. — I  w-as    myself  gratified  that  the  Senator  from 

Connecticut  deemed  it  his  duly  to  arrest  this  debate.  I  shall  vote 
to  sustain  the  decision  of  the  chair,  becausb  I  believe  it  is  right, 
and  because  wo  can  do  it  without  discourtesy  to  the  Senator  from 
Delaware.  I  design  to  do  it  without  entering  at  all  into  the  ques- 
tion as  to  the  propriety,  or  the  importance,  or  the  origin  of  this 
debate.  When  this  resolution  came  from  the  other  house,  the 
opinion  was  expressed  by  gentlemen  who  had  long  held  seats  on 
this  floor,  that  we  should  undoubtedly  be  able  to  adjourn  at  a  much 
earlier  period  of  time,  if  we  were  to  agree  upon  a  time  for  ad 
journment  and  return  the  resolution  to  the  House.  In  the  discus- 
sion of  the  resolution  it  would  certainly  be  appropriate  to  allude 
to  the  various  subjects  that  will  necessarily  come  before  us  for  our 
consideration,  but  it  would  be  clearly  out  of  order  and  inappropri- 
ate to  discuss  the  principles  or  the  merits  of  those  measures  for 
the  purpose  of  deciding  upon  a  longer  or  shorter  period  as  the 
time  for  adjournment.  I  shall  be  as  much  gratified  as  any  member 
of  this  body  to  listen  to  the  Senator  from  Delaware  when  he  shall 
have  occasion  to  address  the  Senate,  and  I  would  suggest  to  the 
Senator,  if  it  would  he  equally  satisfactory  to  him,  to  lei  us  hear 
from  him  upon  some  question  that  will  hereafter  coma  before  us, 
to  which  the  remarks  that  he  proposes  to  make  will  be  more  ap- 
propriate. I  trust,  liowcver.  that  the  decision  of  the  chair  will  b« 
sustained,  for  it  is  in  accordance  with  parliamentary  law,  and  it. 
will  enable  us  the  sooner  to  close  our  duties  here.  If  the  interests 
of  the  country  were  to  be  forwarded  by  it  I  should  be  willing,  for 
one,  to  sit  here  in  ratification  meeting  during  the  remainder  of  the 
year  ;  but  as  I  conceive  that  there  is  no  propriety  whatever  in 
such  a  course  I  trust  that  this  debate  will  be  closed. 

Mr.  MANGUM. — I  hope  the  Senator  from  Delaware  will  with- 
draw his  appeal. 

Mr.  CLAYTON  withdrew  the  appeal. 

Mr.  MANGUM  — I  now  move  that  the  Senator  from  Delaware 
be  permitted  to  proceed,  and  upon  that  motion  I  call  the  yeas  and 
nays. 

They  were  ordered. 

Mr.  BERRIEN. — I  wish  I  could  find  in  the  motion  which  is 
nom'  submitted  to  the  Senate  a  relief  from  the  embarrassment 
which  I  feel  upon  this  occasion  ;  bnt  I  cannot ;  and  the  yeas  and 
nays  being  called  I  desire  briefly  to  say,  that  the  appeal  of  the 
Senator  from  Delaware  being  withdrawn,  the  decision  of  the  chair 
that  this  debate  is  out  of  order,  stands  as  the  decision  of  the  ^5en• 
ate.  This  is,  then,  a  motion  that  the  Senator  from  Delaware  be 
permitted  to  proceed  out  of  order.  Upon  that  question  1  am  will- 
ing to  respond  by  my  vote. 

Mr.  DOWNS. — I  am  very  sorry  that  I  feel  it  my  duty  to  oppose 
this  motion.  I  should  certainly  bo  gratified  to  hear  the  Senator 
from  Delaware,  and  if  I  thought  that  justice  to  him  required  that 
he  should  bo  allowed  to  proceed,  or  if  the  debate  had  been  entered 
into  upon  one  side  alone,  I  should  certainly  vote  for  the  motion; 
for  although  I  consider  it  very  unfortunate  that  the  debate  has 
taken  place,  still  I  would  not  have  relused  an  opportunity  to  gen- 
tlemen on  that  side  of  the  chamber  to  participate.  But  is  it  not 
a  fact  that  the  debate  has  been  confined  to  one  side  of  the  cham- 
ber.    Gentlemen  of  both  parties  have  entered  into  it,  and  if  there 


he  any  differenco,  those  upon  that  side  of  the  chamber  hare  been 
heard  to  the  greatest  extent.  New,  it  seems  to  me,  that  the  de- 
bate ought  to  proceed  no  further,  for  if  we  have  a  speech  from  the 
eloquent  Senator  from  Delaware,  shall  not  we  on  this  side  desire 
to  reply  to  it  ?  In  this  way,  there  would  be  no  end  to  the  discus- 
sion. To  sustain  this  motion  would  be,  in  etfcct,  annulling  the  de- 
cision of  the  chair.  I  hope  that  by  eommon  eonsent  the  debate 
will  now  be  terminated. 

-Mr.  BORLAND.— It  sccins  to  mo  that  until  wo  have  heard 
what  it  IS  that  the  Senator  from  Delaware  is  going  to  say,  ii  is 
difiicuU  to  determine  whether  he  is  out  of  order  or  not.  It  is  cer- 
tainly an  extraordinary  course  to  de. tide  that  a  Senator  is  out  of 
order  in  debate  before  he  has  commenced  his  remarks. 

Mr.  BADGER.— I  shall  vote  for  the  allirmative  of  this  ques- 
tion, and  I  wish  to  state  in  three  words  why  I  shall  do  it.  With 
the  greatest  respect  towards  the  Presiding  olficer  of  this  body,  I 
am  of  opinion  that  the  decision  made  by  hiiu  upon  the  point  of  or 
der  was  not  a  correct  one;  and  I  regret  that  the  honorable  Sena- 
tor who  took  the  appeal  thought  proper  to  withdraw  it.  I  under- 
stand the  case  to  he  this — and  I  have  learned  it  from  the  decisions 
of  the  Presiding  olliccr  hcrctofiire  made — when  a  debate  arises 
upon  any  question,  and  gentlemen  go  into  a  discussion  of  matters 
not  stricily  pertinent  to  the  question  before  the  Senate,  it  is  out  of 
the  power  of  any  member,  or  of  the  Presidiug  olficer,  to  arrest  the 
progress  of  the  debate,  if  not  arrested  at  its  inception;  because  it 
involves  the  unanimous  consent  of  the  Senate  that  the  subject  shall 
be  discussed;  and  unanimous  consent  takes  it  out  iif  the  parliamen- 
tary rule. 

Mr.  WESTCOTT.— I  find  nothing  in  the  rules  of  the  Senate 
in  relation  to  irrelevancy;  the  question  of  relevancy  or  irrelevancy, 
then,  I  apprehend  IS  left  altogether  to  the  discretioii  or  sense  of 
propriety  of  Senators.  And  I  should  regret  to  see  any  rule  cn- 
(brccd  here  which  would  limit  and  restrict  debate.  This  body  is 
diftercnily  constituted  from  almost  every  other  legislative  body. 
Its  members  being  the  roprcsontaiives  of  sovereign  States,  the 
same  rules,  therefore,  which  apply  to  other  representative  bodies 
do  not  necessarily  apply  to  this.  I  can  see  no  creat  harm  that 
can  arise  from  any  irrelevant  debate  that  may  occur  here,  for  pub- 
lic opinion  operating  upon  those  who  engage  in  such  a  debate  will 
always  serve  to  restrain  it  within  due  bounds.  I  shall  vote  for 
the  motion  for  leave  to  proceed. 

Mr.  BUTLER. — The  question  has  assumed  some  degree  of 
complexity.  It  would  seem  that  we  were  denying  the  Senator 
from  Delaware  the  right  to  reply;  but  the  form  in  which  the  ques- 
tion presents  itself  will  not  change  my  decision,  nor  induce  mo  to 
alter  my  course  in  regard  to  it.  1  .'-hall  vote  to  sustain  the  decision 
of  the  chair.  I  would  be  as  willing  as  any  Senator  to  indulge  the 
Senator  from  Delaware,  but  this  debate  has  assumed  a  latitude 
unknown  certainly  heretofore  in  the  American  Senate.  I  dislik* 
very  much  the  tone  of  the  debate;  it  is  altogether  unworthy  of  the 
Senate. 

Mr.  FOOTE.— I  understand  the  Senator  from  South  Carolina 
to  say  that  the  course  the  debate  has  taken  is  in  violation  of  Sena- 
torial usage,  and  that  it  does  not  harmonize  with  the  dignity  of  this 
body.  I  should  suppose  that  the  magnitude  and  importance  of 
the  subject  discussed  would  make  it  harmonize  with  the  dignity  of 
any  deliberative  body;  and  with  regard  to  irrelevancy,  I  beg  to 
call  the  Senator's  attention  to  the  case  to  which  I  have  referred, 
where  a  distinguished  Senator  spoke  for  hours  and  days,  without 
tonching  upon  the  question  beloie  the  Senate.  There  are  Humor- 
ous cases  of  the  same  kind  that  might  bo  cited,  but  this  will  suf- 
fice; and  unless  the  Senator  is  prepared  to  disprove  this  precedent, 
I  shall  certainly  expect  from  him  some  modification  of  this  asser- 
tion, that  a  debate  of  this  kind  is  without  precedent.  I  maintain 
that,  if  I  have  erred  in  originating  this  discussion,  I  have  erred 
with  men  distinguished  for  wisdom,  and  I  would  rather  err  vi-ith 
such  men,  than  bo  in  the  right  with  ordinary  men. 

Mr.  BUTLER. — I  assure  my  honorable  friend  from  Mississip- 
pi, that  I  had  no  intention  of  censuring  him  for  having  originated 
the  debate.  What  I  object  to  is  that  a  debate  so  latitudinous  in  its 
character  should  be  pursued.  The  Senator  probably  was  not 
aware  to  what  extent  it  would  be  carried,  but  he  should  recollect 
that  sometimes,  "Large  streams  from  little  fountains  flow.'' 

Mr.  NILES- — The  question  now  before  us  is  a  novel  one  in  this 
body,  or  in  any  other.  By  a  vote  of  the  Senate  upon  yeas  and 
nays,  we  are  to  decide  whether  a  member  of  this  body  shall  pro- 
ceed in  his  speech  "out  of  order."'  I  am  not  disposed  to  debate 
that  question.  The  point  ordinarily  is  where  a  member  has  been 
called  lo  order,  that  he  shall  be  allowed  to  proceed  "in  order," 
and  this  carries  with  it  an  admonition  to  the  Speaker,  or  Presiding 
Officer  to  keep  him  in  order  if  he  can. 

But  this  debate  has  extended  to  the  great  issues  that  are  before 
the  country,  and  I  beg  to  know  if  those  issues  have  any  bearing 
whatever  upon  the  question  of  the  adjournment  of  Congress  ?  Sir. 
I  have  raised  the  question  of  order  for  two  reasons  :  not  merely 
because  the  debate  was  irrelevant — for  I  am  an  advocate  for  the 
utmost  freedom  of  debate — but  because  I  believed  the  debate  to  be 
unsuitable  to  the  dignity  of  this  body — derog.itory  to  the  po- 
sition which  I  hope  the  Senate  of  the  United  States  will  ever 
maintain.  Another  reason  was  the  importance  of  disposing  of  the 
public  business,  which  is  urgently  demanding  our  attention.  And 
we  have  now  had  a  debate  which  has  consumed  two  days  of  the 


824 


THE  ADJOURNMENT  RESOLUTION. 


[Wendesday, 


session,  upon  matters  not  connected  with  any  one  of  the  subjects 
of  Ifgislaiion  before  us,  but  relatin<:  to  the  views  and  opinions  of 
the  candidates  who  are  to  he  brought  lorward  at  the  Presideniial 
election  Whut  roust  he  the  judprnent  of  the  people  of  this  country 
upon  such  a  proceeding  as  this  ?  I  have  listened  to  the  debate 
with  the  deepest  pain  and  regret  ;  and  Senators  contend  that  it 
cannot  now  be  arrested,  having  been  allowed  to  go  on  thus  far. 
This  is  a  vere  extraordinary  position  indeed.  If  llie  debate  was 
out  of  order  at  the  beginning,  does  it  become  less  so  because  it 
has  been  permitted  to  proceed  for  two  days  ?  And  shall  we  suffer  ii 
to  go  on  for  weeks? — and  that  iinmediaiely  consequent  on  the 
statement  that  has  gone  out,  of  the  urgency  of  the  public  business 
and  of  the  difficulty  of  disposi.  g  of  it  for  want  of  time?  It  must  be 
manilest  lo  Senators  that  we  are  recklessly  wasting  the  time  in 
speeches  that  properly  belong  to  the  slump.  It  is  a  course  of  pro- 
ceeding that  IS  altogether  unbecoming  the  Senate  of  the  United 
States.  •..'    •    ■. 

Mr.  FOOTE. — I  must  be  permitted  to  vindicate  myself  from  the 
aspersion  of  having  introduced  a  discussion  that  is  unbecoming  and 
derogatory  to  the  dignity  of  ihe  Senate.  The  Senator  from  Con- 
necticut characterizes  this  debats  as  an  indecent  and  reckless  waste 
of  time.  If  the  Senator  intends  to  apply  such  epithets  to  me,  1 
hurl  them  back.  1  think  the  Senator  was  unfortunate  in  the  selec- 
of  his  phrases. 

Mr.  NILES.— Mv  remarks  had  no  relation  to  the  connexion 
which  the  Senator  has  with  the  debate;  they  were  in  reference  to 
the  state  of  the  public  business. 

Mr.  FOOTE. — I  understood  the  Senator  as  referring  to  the  in- 
troduction of  the  discussion  when  he  used  the  term.  1  would 
rather  have  any  character  in  the  world  fixed  on  ine  than  that  of 
reckless.  The  Senator  says  that  questions  have  been  discussed 
here  that  the  Seniite  has  nothing  to  with.  The  Piesidential  election 
involves  certain  questions  which  are  necessarily  associated  with 
!t  in  the  mind  of  every  intelligent  man  in  the  United  States.  Now, 
let  me  ask  this  question — it  is  a  grave  question  ;  Whether  the  Se- 
nator considers  it  more  indecent  or  reckless  to  have  these  matters 
discussed  here  in  courteous  terms,  or  to  sit  at  our  desks  and  do 
what  I  belive  the  Senator  has  lately  done,  indite  a  long  epistle  to 
a  certain  newspaper  in  New  England,  entitled  the  "  Liberator?" 
discussing  a  certain  subject  in  a  style  not  only  little  becoming  a 
Senator  of  the  United  States,  but  were  it  not  for  the  respect  which 
I  entertain  for  the  Senator,  I  would  say  in  a  reckless  manner — in 
a  manner  calculated  to  make  every  patriot  ashamed  of  the  author 
of  such  a  production  ?  Sir,  the  fionorable  Senator  knows  to  what 
I  allude.  I  ask  the  Senator  whether  he  will  not  permit  us,  who 
are  not  so  fond  of  letter  writing,  but  who  prefer  a  friendly  inter- 
change of  opinion  here  to  tilling  the  columns  of  newspapers  with 
coarse  and  vituperative  language,  to  indulge  our  preference  ?  and 
I  appeal  to  his  magnanimity  to  bear  with  us,  and  1  contend  that  he 
has  furnished  us  with  an  excellent  example  for  the  discussion 
•which  has  here  taken  place. 

Mr.  NILES. — I  do  not  know  that  the  Senator  from  Mississippi 
is  responsible  for  any  letter  I  may  write. 

Mr.  JOHNSON,  of  Maryland— (interposing.)— What  is  the 
question  before  the  Senate  ? 

PRESIDING  OFFICER— The  question  is  upon  the  resolu- 
tion fixing  the  time  for  the  adjournment  of  Congress. 

Mr.  JOHNSON,  of  Maryland.— Then  I  call  the  honorable  Se- 
nator to  order. 

PRESIDING  OFFICER. — The  Senator  will  state  his  point  of 
order. 

Mr.  JOHNSON,  of  Maryland. — The  Senator  from  Connecticut 
is  about  to  speak  in  reference  to  a  letter  said  to  be  written  by  him. 
I  have  not  the  slightest  objection  to  hear  the  Senator  upon  that  or 
any  other  question,  but  if  he  is  ebout  to  enforce  upon  the  Senator 
from  Delaware  a  rule,  I  insist  that  the  same  rule  shall  be  applied 
to  himself  I  am  perfectly  willing  that  the  Senator  from  Connec- 
ticut shall  be  permitted  to  proceed  equally  with  the  Senator  from 
Delaware,  but  I  am  entirely  unwilling  that  he  shall  go  into  new 
matter,  and  take  up  the  tiino  of  the  Senate  with  reference  to  to- 
pics which  he  will  not  allow  the  Senator  from  Delaware  to  dis- 
cuss.    I  ask  the  decision  of  the  chair. 

PRESIDING  OFFICER.— If  the  Senator  goes  into  a  vindica- 
tion of  the  letter  referred  to,  it  will  bo  out  of  order. 

Mr.  JOHNSON,  of  Maryland. — I  now  luove  that  the  Senator 
have  leave  to  proceed. 

Mr.  BRIGHT  moved  that  the  further  consideration  of  the  res- 
olntion  be  postponed  until  to-morrow,  with  a  view  of  taking  up  the 
■    Ore''on  bill;  and  on  this  question  he  demanded  the  yoasand  nays, 
■which  were  ordered,  and  it  was  determined  in  the  negative,  as  fol- 
lows: 

YEAH — MeKsrs.  AHpn,  Atiihisoii.  .Athntoii.  HfrUiin,  Hmdbiiry.  Itrce.-.c,  Briaitt, 
Dlckint-nn,  Dix.  Dodce.  Uowii;.,  Fetch,  Kii/g-iHlii.  Hunter,  Johnson,  of  Geoigia, 
Lewis,  M»son.  Seljinlion.  Stutjeoii.  Walker— 'id. 

TVAY8 — .Messrs.  Bailger,  Hell,  Berrien,  Boilaml.  Butler,  Callioun,  Cameron, 
Claiko.  Cljivton.  l);tvis,  of  IMassaeliuselts,  Davis,  of  .Mississippi.  Dayton,  I'oole. 
<5reenp.  Hale,  Ilanilin,  Johnson,  of  Maryland,  Johnson,  of  ],ouisianii.  Manguni, 
Metcalfe,  Miiler,  Niles,  Plielps,  Rutk,  ypnianee,  Tnincy,  t'niitrwood,  L'phani, 
Wolcoll— '-"J. 

Mr.  TURNEY  moved  that  the  resolution  lie  on  the  table,  and 
demanded  the  yeas  and  nays  thereon,  which  were  ordered. 


The  question  being  taken  upon  the  motion  of  Mr.  Tcbnet,  it 
was  determined  in  the  negative  as  follows  ; 

YE.^S. — Messrs.  Benton.  Davis,  of  Mississippi.  Downs.  Hnnter,  Johnson,  of 
Georgia.  Lesvis.   Ma.son.  Rusk.  Sebastian.  Sturgeon,  and  Turney — II. 

N.\YS. — -Messrs.  Allen,  Atchison.  Atherlon.  Badger.  Bell,  Berrien.  Borland, 
Bradbury.  Breese,  Bright.  Butler,  Calhoun.  Cameron,  Ciarke.  Clayton,  Coiwin, 
Davis,  of  Massnclinselts,  Dickinson,  Dix,  Dodpe,  Fetch, Fitzgerald.  Foote.  Greene, 
Hale,  flamlin.  Johnson,  of  Maryland.  Johnson,  of  Louisiana,  Mancum.  Mercalf, 
driller,  N lies.  I'earee,  Pheljrs,  Spruance,  Underwood,  Upliam,  Walker,  and  West- 
coll  —3;i. 

Mr.  NILES  resumed, and  said  that  he  only  intended  to  show  that 
the  cases  wore  not  at  all  parallel.  His  position  was,  that  they  were 
responsible  tor  the  waste  of  time  consequent  upon  the  introduc- 
tion of  irrelevant  matters  in  debate.  In  regard  to  his  own  course 
in  the  Senate  or  out  of  it,  he  was  not  called  upon  to  defend  it — 
not  at  all.  He  might  submit  to  the  Senate  whether  it  was  most 
consonant  with  the  dignity  that  was  supposed  to  belong  to  the  Se- 
natorial character,  to  write  a  political  letter  in  answer  to  a  call. 
at  his  room,  or  to  leave  the  body  and  be  absent  for  a  week  in  the 
train  of  a  political  candidate — as  a  sort  of  tail  to  a  Presidential 
kite.     But  he  would  not  go  into  that  matter. 

Mr.  BADGER. — Before  the  question  is  taken  I  beg  to  read  the 
decision  of  the  presiding  officer,  to  which  I  rclerred  a  few  minutes 
since.  I  find  by  refereiice  to  the  official  reports  ol  proceedings 
and  debates,  that,  on  a  motion  to  take  up  the  bill  for  the  occupa- 
tion of  Yucatan  on  the  4th  of  May  last,  a  debate  sprung  up  in 
this  bodv  about  a  great  mauy  matters,  which  were  universally 
considered  as  not  at  all  relevant  to  the  question  pending.  After 
some  time  had  been  thus  spent,  I  find  that  this  decision  of  the 
presiding  officer  proceeded  upon  the  ground  that  all  the  rules  of 
the  Senate  are  subject  to  be  dispensed  with  by  common  consent. 
And  if  this  be  true  in  regard  to  the  most  solemn  and  strict  rules 
of  the  body,  there  certainly  cannot  be  any  hesitation  in  applying 
the  principle  to  a  general  parliamentary  rule  regulating  the  con- 
duct uf  debate.  The  case  is  entirely  ana'.agous  to  the  present. — 
It  is  clearly  tho  duty  of  the  presiding  officer  to  arrest  an  irrele- 
vant debate,  but,  if  no  objection  is  taken  it  is  considered  that  the 
unanimous  consent  of  the  Senate  has  dispensed  with  the  rule. — 
The  rule  becomes  pro  hac  vice,  suspended. 

Mr.  JOHNSON,  of  Georgia,  said  that  if  the  question  were  on 
the  decision  of  the  chair,  he  should  vote  to  sustain  it.  But,  as 
that  was  not  the  question,  and  as  the  Senator  from  Mississippi  had 
in  the  course  of  his  remarks  referred  directly  to  the  Senator  from 
Delaware,  he  should  now  vote  in  favor  of  allowing  that  Senator 
to  proceed. 

Mr.  HALE  remarked  that  ho  had  great  respect,  nearly  ap- 
proaching to  reverence,  for  the  Senator  from  Delaware,  but  his 
conviction  of  the  impropriety  of  the  debate  was  so  deep,  that  he 
would  be  compelled  to  vote  against  giving  him  liberty  lo  proceed. 

Mr.  FOOTE. — I  am  not  at  all  surprized  at  the  course  of  the 
Senator  from  New  Hampshire,  inasmuch  as  ho  never  was  guilty 
of  any  violation  of  parliamentary  rules. 

Mr.  HALE. — Well,  I  did'nt  mean  to  surprise  any  body ! 

Mr.  TURNEY. — The  motion  is  to  allow  the  Senator  to  pro- 
ceed out  of  order.  That  would  establish  a  very  bad  precedent. 
I  move  to  lay  the  motion  on  the  table;  and  as!"  for  the  yeas  and  nays. 

Two  members  only  rising,  the  yeas  and  nays  were  not  ordered; 

and 

Mr.  TURNEY  withdrew  his  motion. 

The  question  was  then  taken  npon  the  motion  to  allow  the  Se- 
nator from  Delaware  to  proceed,  by  yeas  and  nays,  with  tho  fol- 
lowing result : 

The  question  was  then  taken  upon  the  motion  of  Mr.  Mangum, 
that  the  Senator  from  Delaware  be  allowed  to  proceed,  and  it  was 
determined  in  the  affirmative  as  follows  ; 

YEAS— .Messrs.  Badijer,  Bell,  Borland,  Breese.  Calhoun.  Clarke,  Corwin.  Dav;s. 
of  IMassachusetts,  Davis,  of  IVfississippi,  Davloii.  Foote,  Greene,  Johnson,  of  Main- 
land. Johnson,  of  Louisiana.  Johuson,  ol  Georpia.Lesvis.  .Mangum.  Mctralf,  Millw. 
Peaice.  Phelps.  Rusk.  Spruance,  Undeiyvood,  Uj.ham.and  WestcotI— 26. 

NAYS  -Messrs.  Atchison.  Alherton.  Ilenlon,  Perrien.  Bradbury.  Bright.  Butler. 
Dickinson,  Dix.  Dodtje,  Downs,  Felch,  Fitzgerald.  Hale,  Hamlin,  Bonier.  Mason. 
Niles,  Sebastian,  Torney,  Walker,  and  Yulee — '*J. 

Mr.  CLAYTON.— Mr.  President :  The  decision  of  the  chair 
was  indeed  unprecedented,  and  directly  in  opposition  to  his  own 
solemn  decision,  on  a  case  precisely  sirailur  to  this,  made  by  him 
only  a  few  weeks  ago.  Neither  I  nor  my  friends  originated  this 
political  debate.  We  were  content  to  leave  Gen.  Cass  and  Gen. 
Taylor  in  the  hands  ol  the  people,  and  the  Senate  will  unanimous- 
ly hoar  me  witness,  that  I  have  never  introduced  an  irrelevant  to- 
pic into  any  debate  heie.  The  political  friends  of  the  gentleman 
who  occupies  the  chair  began  this  discussion.  They  attacked  Gen. 
Taylor  and  his  character,  and  scofl'ed  at  his  claim  to  tho  Presiden- 
cy. They  were  allowed  to  proceed  without  interruption  from  the 
chair,  through  a  debate  which  extended  through  the  greater  part 
of  two  days  The  Yice  President  was,  by  the  rules  of  ihc  Senate, 
bound  to  cull  his  own  political  friends  to  order,  if  ho  thought  Iho 
debate  was  out  of  order.  But  not  a  word  about  order  was  heard 
from  his  lips  till  I  took  the  floor  to  reply,  and  then  he  arrested  the 
debate,  and  put  a  seal  upon  my  lips.  The  Senator  from  Missis- 
sippi had  charged  upon  me  and  my  friends  that  we  desired  to  evade 
tho  discussion — that  Gen.  Taylor  had  no  principles  which  wo  da  • 
ed  to  avow — and  said  that  he  had,  on  consultation  with  his  frionls 


Jdxy  5.] 


THE  ADJOURNMENT  RESOLUTION. 


825 


resolved  to  provoke  us  to  a  debate  on  this  subject,  and  to  see  that 
we  should  "dodge  no  blows  which  in  chivalry  and  honesty  we 
were  bound  to  take."  Ho  even  oharp;ed  us  with  a  design  to  pass 
the  resolution  lor  a  speedy  adjournment  of  Congress  in  order  to 
avoid  and  dodge  'his  very  discussion  He  went  lui  ther,  sir.  He 
called  on  me  personally  to  meet  him  in  debate  on  these  questions. 
Yet,  alter  he  had  been  permuted  to  indulge  in  this  slrain  ol'  at- 
tack on  me  and  my  IVier.ds,  his  own  party  associates  seize  the 
oceusion,  the  moment  I  rise  to  take  up  tlie  glove  ho  has  thrown 
at  ray  leet,  to  dodge  the  encounter.  These  are  the  circumstunccs 
under  which  tweniy-one  deniocraiic  Senators  have  this  day  voted 
to  denv  me  the  Ireedom  ol'  speech.  They  have  a  large  party  ma- 
jority iierc,  but  sucli  and  so  gross  was  the  injuslice  ol  tliisailcmpt 
to  stifle  a  discussion  which  they  tnemsclves  provoked,  that  a  nia- 
joriiy  of  the  Senate  has  overruled  tiieir  purpose  ;  and  to  that  ma- 
joriiy,  and  especially  to  the  chivalrous  Senator  liom  JVlississippi, 
[iVlr  FooTE.J  who  has  expressed  his  own  deep  sense  ol' the  injus- 
tice done,  1  tender  ray  thanks. 

1  have  already  staled  lo  the  Senate  that  I  have  no  means  of  ac- 
cess to  the  I  pillions  lit  Gen.  Taylor,  which  are  not  in  the  possession 
of  every  member  of  this  body,  and  every  citizen  of  the  country. — 
Honoring  his  character,  as  1  sincerely  do,  I  have  never  yet  had  tlie 
pleasure  of  an  in.  reduction  to  that  distinguished  man — I  have  never 
addressed  a  letter  to  him  in  my  lile,  nor  received  one  from  him. 
I  have  lormed  my  opinions  of  the  principles  of  the  man  from  his 
writings  and  actions,  and  from  what  any  other  may  have  seen  in 
the  public  prints.  To  these  means  of  inlormation  all  have  equal 
access,  and  all  can  form  an  opinion  as  well  as  I  can,  on  the  whole 
subject  of  debate. 

1  think  it  is  also  due  to  General  Taylor  to  say,  in  the  outset, 
that  the  position  which  he  has  assumed  belore  the  cuiunry ,  as  a  can- 
didate lor  the  Presidency,  has  been  eniirely  misapprehended  in 
the  course  of  this  debate.  He  has  been  held  up  here  as  merely  a 
whig  candidate,  bound  to  sustain  every  whig  principle  with  which 
that  jiariy  has  ever  been  identitied.  Jt  has  been  alleged  that  ho 
is  bound  to  carry  out  ali  the  dictates,  and  obey  all  the  behests  of 
a  mere  pa.-ty — that  he  runs  merely  as  a  party  man — tliat  he  is 
bound  hand  and  loot  by  party  pledges — and,  that  he  must  carry 
out,  at  all  hazards,  and  uiid-jr  all  changes  of  time  and  circumstan- 
ces, every  ancient  known  measure  proposed  by  the  whig  party. 
Now,  undoubtedly  Gen.  Taylor  is  a  wnig,  but  I  do  not  understand 
him  as  occupying  any  such  position  as  that  which  I  have  just  de- 
scribed. He,  himself,  has  repudiated  it  in  every  letter  having  re- 
ference to  this  subject.  It  is  true  that  he  has  been  nominated  by 
the  whig  party  ;  but  it  is  also  true  tluit  be  was  originally  nomina- 
ted by  a  meeting  composed  both  of  wliigs  and  deniucrais.  Thuu- 
sands  of  democrais  had  nominated  him  for  the  Presidency  before 
he  was  nominated  by  the  whig  party.  Naturalized  citizens  and 
native  Americans,  in  all  sections  of  the  country  had  nominated 
him  before  he  received  the  nomination  of  the  Philadelphia  conven- 
tion. And  now,  the  great  objection  urged  against  him,  is  that  the 
whig  party  of  the  Union  has  conlirnied  the  nominalion  which  Gen. 
Taylor  had  previously  received.  He  was  nominated  by  the  vihig 
convention  at  Philadelphia,  with  the  assurance  that  he  was  a 
whig.  In  every  letter  that  he  wrote  on  that  subject,  he  declared 
that  he  was  a  whig,  but  he  uniformly  took  the  bold  and  manly 
ground,  that  if  elected  President  of  the  United  States,  he  should 
not  consider  himself  the  mere  servant  or  tool  of  a  party,  iif.t  even 
of  the  party  to  which  he  had  been  attached,  but  that  he  should  he  the 
President  of  the  American  people.  Under  ilicse  eireuinstances, 
the  honorable  gentleman  from  Mississippi  can  lind  no  diliiculiy  in 
answering  the  questions  which  he  has  propounded  with  regard  to 
the  principles  oi  Gen.  Taylor.  If  he  will  examine  the  principal 
letter  which  Gen.  Taylor  has  written  with  rclerence  to  this  sub- 
ject, the  letter  to  Capi.  Aliison,  he  will  see  the  ground  on  which 
he  places  himself  as  a  candidate  beiore  the  American  people.  Be- 
fore 1  proceed  lurther,  permit  me  to  read  the  following  extract 
from  that  letter  : 

*'  Bato.n  Rot" ge,  April  22,  lf-'48. 

"  First — I  reiterate  wliat  I  have  often  said — I  am  a  wliig,  liut  not  an  ultra  whig. 
If  elected  I  would  not  be  tlie  meie  President  of  a  parly.  1  would  endeavor  toaet  in- 
dependent ol  parly  doniinalioii.  1  slionld  feel  bound  to  administer  the  gov  ■rnnient 
niitrainiiieiled  by  party  sellemes 

•■  rieeond— the  veto  power.  The  power  given  by  tlie  constitution  to  tlie  Executive 
to  interpose  hia  veio,  is  a  iiigb  conservative  power ;  but  in  my  Ojiinion  should  never 
be  e.veici.ied  except  in  cases  ol  clear  violation  of  tile  conslitulion.  or  manifest  liaste  and 
want  of  consideration  by  (Congress.  Indeed,  I  have  thought  that  for  many  yearepast 
the  known  opinions  and  wisties  of  the  E.\ecutive  have  e.\ercised  undue  and  injurious 
inlluence  upon  the  legislative  department  of  the  government  ;  and  for  this  cause  I  iiave 
thoughl  onr  system  was  in  danger  of  nniieigoing  a  great  eliaiige  fioni  its  true  theory. 
The  personal  opinions  of  the  individual  who  may  happen  to  occupy  the  Executive 
chair,  ought  not  to  control  the  action  ot  Congiess  ujion  questions  ol  domestic  policy  ; 
nor  ought  his  objections  to  be  intetposed  where  questions  of  couslltutioual  power  ha\e 
been  settled  by  the  various  deparlmeuls  of  government,  and  acquiesced  in  by  the  peo- 
ple. 

'•  Third — Upon  the  subject  of  the  tariff,  the  currency,  the  improvement  of  our  great 
highways,  rivers,  lakes,  and  harbors,  the  will  of  the  people,  as.  expressed  tlirougii  their 
lepiesentatives  in  Congress,  ought  to  be  respected  and  earned  out  by  llie  Executive. 

''Fourth — The  Mexican  war.  I  sinceielv  rejoice  at  the  [iiospeet  of  peace.  My 
life  has  been  devoted  to  arms,  yet  I  look  n[;J^  war  at  all  times,  and  under  all  cirrruni- 
stances,  as  a  national  calamity,  to  be  avu.A  if  compatible  with  national  honor.  The 
principles  of  our  goveininent.  as  well  a^  J  tiiie  policy,  are  op|iosed  to  the  suhjuga 
uon  of  other  nations  and  the  di^rnel  ',eir..'-nt  ol  other  countries  by  conquest,  lullie 
language  of  the  great  Washington,  "Why  should  we  quit  our  own  to  stand  on  lor- 
eign  gruoiul."  In  the  Mexican  w,ar  onr  national  honor  lias  been  vindicaled.  am|>ly 
viinlieated  ;  and.  in  dictating  terms  of  iieace,  we  may  well  atlord  to  be  forbearing  and 
even  magnanimous  to  our  lallen  foe." 

Gen.  Taylor,  then,  stands  before  the  country  not  merely  as  a 
whig,  but  as  the  great  representative  and  champion  ol  the  ]iniici- 
ple  of  the  right  of  man  to  self-government.  Ho  maintains  the 
principle  that  the  iriajoriiy  have  the  right  to   govern.     He  stands 

30th  Cong.— Iet  Session — No.  104. 


precisely  upon  the  ground  on  which  Thos.  JefTerson  originally 
made  a  parly  difference  with  John  Adams.  Let  me  quote  a  pas- 
sage from  the  letter  of  Thos.  Jefferson  to  John  .\dams,  stating  iho 
grounds  on  which  the  republican  parly  of  17!)8  commenced  its  op- 
position to  the  encroachments  of  Executive  power,  and  to  which 
It  owed  its  tiue  origin.  In  the  4th  volume  of  Jefferson's  Memoirs, 
page  202,  we  find  the  letter  to  which  I  refer.  It  is  dated  June 
27,  1813,  and  contains  the  following  passages  : 

"  The  terms  of  whig  and  lory  belong  to  national  as  well  a*  ciYil  history.  Theydp- 
nole  the  temper  and  constilution  of  mind  of  dill'eient  Individuals.  Tocomelooor 
own  country  and  to  liie  times  when  you  and  I  became  first  acquainted  ;  we  well  re- 
member the  violent  parties  which  agilated  the  olil  Congress,  and  ihcir  bilter  conteslj. 
There  yon  and  I  were  arrayed  together;  others  cherished  the  monarchy  of  England,  and 
we  the  rights  of  our  country. 

"  But  as  ^oon  as  the  constitution  was  put  into  motion,  the  line  of  division  was  again 
drawn.  We  broke  into  two  parties,  each  wishing  to  give  the  government  a  difTerent 
direction  .  thf^  <mr  (i  he  republican  party)  to  strmi^thni  the  must  pajtvtar  branch  (Con- 
gress) the  other  the  more  permanent  brrtncheit,  mid  to  rrtentt  Ifieir permanence.  Hero 
TOu  and  I  separated  for  the  first  time,  and  one  party  jdaceil  your  name  at  liicir  head — 
the  other  selected  mine." 

Precisely  upon  that  principle.  General  Lewis  Cass  and  General 
Zaehary  T'avior  now  differ,  and  stand  at  issue  before  the  country. 
General  Taylor  places  himself  upon  this  just  principle,  laying  at 
the  foundation  of  all  republican  forms  of  government — the  right  ol 
the  majority  to  govern.     He  holds  that  the  popular  branch  of  the 
government  possesses   rights,   and   that   he,  if  elected   President, 
would  be  bound  to  respect  them.     He  says,  therefore,  in  relereoce 
to   all   those   groat   questions  which  have  heretofore  apitatrd   the 
country,  and  which  are  properly  within   the  powers  of  Congress, 
that  he  will  be  guided  by  the  will  of  the  people,  as  expressed  by 
their  representatives.     On   the  other  hand,   what  says   General 
Lewis  Cass?     He  denies  that  the  will  of  the  people  shall  govern. 
He  maintains  the  high  federal  doctrines  of  ancient  days,   that  fhe 
President  of  the  United  States,  with  his  veto  power,  shall  control 
the  will  of  the  people.     He  stands  up  as  the  champion  of  Execu- 
tive power,  and  has  received  his  nomination  from  a  party  conven- 
tion, under  eireuinstances  which  I  think,  when  carefully  examined 
by  the  American   peojile,   will   seal  his  fate  as  a  candidate  before 
them.     'What   were    these    circumstances?     The   very   first    rule 
adopted  by  the  convention   assembled  at  Baltimore  was,   that  the 
will  of  the  majority  should  not  govern — that  the  vote  of  two-thirds 
should  be  necessary  to  nominate  the   President.     They  had   laid 
down   that  doctrine   before  on  a  memorable  docasion.     I  refer  to 
the  Baltimore  nomination  in  1844.     The  result  reminds  me  of  onp 
of  those  games  at  cards  which  is  called  ''Solitaire,"   in  which  you 
know  a  man  plays  against   himself.     Did  you  ever  see  a  man  sit 
down  to  play  that  game  who  did  not  cheat   himself?     The  demo- 
crat ie  leaders,  on  this  occasion,  undertook  to  play  ''Solitaire" — the 
whigs  w"erc   not   present  to  be  cheated — and   the  very  tirst   act  or 
decree  was  one  amounting,  in  my  judgment,  to  a  most  flagitious 
fraud,  not  only  upon  the  country,  but  upon  the  party  itself.     It  or- 
dained that  tlie  will  of  the  people  should  not  govern,  and  that  no 
man    should  be  nominated  for  the  Presidency  without    the  vote  of 
two-thirds  of  that  convention.     Well,  now,  what  must  be — (every 
bodv  knows  what  was  the  consei[uence  in  this  case) — the   neces- 
sary consequence  of  the  establishment  of  such  a  principle  by  any 
party?     We  can  all  very  well  estimate  the  power  of  one  hundred 
thousand  office  holders,  many  of  them  anxious  to  perpetuate   their 
dynasty.     They  can  pack  a  democratic  convention  with  more  than 
one-third  of  its  members,  though  they  might  not  be  able  to  control 
a  majority.     They  can  send  on    their  relations,   their  friends   and 
dependants,  as  delegates,  and,  under   the  operation  of  this  two- 
thirds  rule,   govern  the  convention.     It  was  so  on   this  occasion.  ' 
All  the  gentlemen  who  composed   the  convention  went  to  Balti- 
more bound  to  nominate  some  candidate  for  the  Presidency.     To 
fail  to  nominate  by  a  convention   would  be  to  dissolve  the  party. 
They  were  compelled,  therefore,  to  make  a  nomination,  and  when 
thev  entered  the  convention,  they  were  met  vi'ith  a  rule  declaring  that 
the  vote  of  two-thirds  was  necessary  to  nominate  their  democratic 
candidate  for  the  Presidency.     They  knew  that  within  the  walls  of 
(he  convention   there  stood  a  packed  minority,  of  more   than  one- 
third,  representing   the   office  holders  of  the  country,  who  could 
veto  or  negative  the  nomination  of  any  man  not  subservient  to  their 
views,   or  who  would   not   perpetuate  their  dynasty,  and  continue 
them  and  their  friends  in  office.     The  canilidates  all  understood  this 
beforehand,  and  on  such  oecnsions  he  \\'ho  makes   the  most  satis- 
factory bargain  with  this  cliipie  or  faction — constituting  more  than 
one-third,  but  not  one-half  of  the  convention — is  sure  to  receive  the 
nomination.     No  other  man  can  get  it.     I  sav  again,  every  candi- 
date understood  this,  and  every  future  candidate  will,  in  all  future 
democratic  conventions,  understand  it.     Each  of  them  will  know 
it  is  impossible  for  him  to  procure  the  nomination  unless  he  can  se- 
cure the  services  of  iho,«e  who  come  there  for   the  purpose  of  sus- 
taining themselves  in  office.     He  is  bound  then  to  lend  himself  to 
all  their  views.     If  they  desire  to  establish  a  platform  of  political 
faith,  he  mnsi  subscribe  to  it.     He  has  no  option.     He  must  either 
relinquish  all  hope  of  the  nomination,  or  subscribe  to  every  dogma 
that    this  clique   mav  choose  to  lay  down.     Under  these  eircum- 
slanees,  I  ask,  what  is  the  inevitable  tendency  of  (he  party  which 
has  nominated  General  Lewis  Cass?     Does  it  not  directly  tend  to 
the  rule  of  the  few  over  the  many,  and  eventually  to  a  monarchy? 
It  tends  to  the  establishment,  in  the  hist  instance,  of  an  oligarchy, 
or  an  aristocracy  of  office  holders — able  to  d.ctate   the  nomination 
of  anv  man  thev  please.     They  have  a  veto  on  the  acts  of  the  con- 
vention as  absolute  and  effectual  as  that  which  the  President  of  the 
United  States,  whom  they  may  nominate  and  elect  under  the  magic 
name  of  democrat,  may  have  upon  the  laws  of  Congress  and  the 
will  of  the  people. 


826 


THE  ADJOURNMENT  RESOLUTION, 


[Wednesday, 


TJnflouhledly  tlie  great  mass  of  the  democratic  party  is  honest 
Bod  p:ilriniic.  We  who  are  whips,  and  opposed  lo  them  in  poli- 
tics, itre  entitled  to  a  free  express'on  of  their  opinion  in  makinp  a 
pftriy  nominatinn;  and  whifjfs,  as  well  as  democrats,  are  liolrauded 
by  this  political  leserdemain — this  hocus  pocus — introduced  by  some 
political  mnaicians  into  that  party  within  a  few  years  past,  which 
compels  tliat  party  to  accept  a  nomination  made  and  forced  upon 
them  liy  the  miooiily.  Such  were  the  cireumsiances — such  was 
the  fraud — such  was  the  established  rule  and  iron  law  under  which 
GiMieral  Cass  received  his  nomination. 

Let  us  inquire,  in  connection  with  this,  what  are  some  of  the 
oth''r  doctrines  of  the  party  to  which  General  Cass  has  been  com- 
pelled to  subscribe.  Among  ithcr  thincs.  there  stands  prominent- 
ly the  assertion  of  the  creat  risht  and  duty  of  the  President  of  the 
United  States  to  exercise  the  veto  power,  without  reference  to  the 
limitations  prescribed  by  the  fathers  of  the  constitution.  F.very 
one  who  has  perused  the  -'Fcderalisi''  knows  that  Mr.  Madison  and 
his  associates  uniformly  maintained,  that  the  ereat  object  of  the 
veto  was  to  enable  the  Executive  of  the  United  States  to  defend 
the  eonsiitntion  and  the  Executive  power  within  its  limits.  No 
man  ol'  their  day  pretended  it  was  designed  that  the  veto  power 
shr)uld  be  extended,  as  it  has  been,  to  every  act  of  ordinar.y  legisla- 
tion, and  every  instance  in  which  a  party  luight  by  the  aid  of  it 
elevate  or  sustain  itself  against  the  interests  of  the  whole  country. 
It  never  was  imagined  by  any  member  of  the  convention  which 
formed  the  consiiiuiion  that  fhe  veto  clause  in  that  instrument 
could  be  so  construed  by  the  most  latitudinarian  expositor,  as  that 
the  President  of  the  United  States  should  be  enabled,  by  the  force 
of  that  clause,  to  become  a  part  ol  the  legislative  power  of  the 
country.  Now,  however,  you  find  the  doctrine  laid  down  by  this 
party  boldly  in  their  public  prints,  that  the  President  constitutes  a 
part  of  the  legislative  power  of  the  country,  and  that  the  veto 
power  is  unlimited,  and  was  so  intended  to  be  by  those  who  made 
the  constitution.  Let  me  call  the  attention  of  the  Senate  to  u  con- 
sideration of  the  principles  upon  which  this  veto  power  was  insert- 
ed in  the  Arnerican  constitution.  The  first  sentence  of  the  con- 
stitution declares  that  all  "the  legislative  powers  herein  granted 
shall  be  vested  in  the  Senate  and  House  of  Representatives."  No 
part  of  the  legislative  power  is  given  to  the  President  of  the  Uni- 
ted Stales.  In  the  judament  of  the  fathers  of  the  republic  the  Ex 
ecntive  never  constituted  an  essential  component  part  of  the  legis- 
lative power.  A  qualified  power  of  revision  was  given  to  him;  but 
it  was  never  intended  that  he  should  exercise  any  legislative  power. 
In  order  ihat  we  may  understand  thi;  subject,  which  enters  largely 
into  the  great  questions  now  before  us,  let  me  read  a  porMon  ol  the 
deliate  on  the  adoption  of  the  constitution.  I  am  pariicnlarly  de- 
sirous of  the  attention  of  the  Senate  to  this  point,  because  1  wish 
it  to  see  by  whom  these  extreme  notions  in  relation  to  the  veto 
power  were  originally  advanced.  During  this  session  of  Congress, 
we  have  heard  the  honorable  Senator  from  Ohio,  [Mr.  Allen.] 
litter  very  strong  deminciations  against  Colonel  Hamilton  as  tho 
intentional  advocale  of  kingly  and  monarchical  doctrines,  and  a 
traitor  to  the  cause  of  liberty.'  I  do  not  stand  here  lor  the  purpose 
ol  branding  one  of  the  greatest  men  the  country  ever  produced 
with  ignoininious  charges;  but  I  desire  to  show  that  the  great 
Icadcr^f  the  federal  party,  when  this  sunject  was  first  presented 
to  the  consideration  of  the  old  continental  Congress,  was  ihe  very 
man  to  press  this  veto  power  upon  the  convention,  and  to  insist 
upon  its  being  made  absolute  and  unqualified.  In  Madison's  state 
papers,  page  151,  we  read: 

*'Mf  Gen  v's  proposition  being  now  tiefore  tlie  committee,  Mr.  Wii5on,  'tlien  ealleit 
a  'consoliilalion  federalist.')  anil  Mr.  Hrini-.llon  moved  llial  tbein»r  part  of  it  bestrncl; 
oul,  su  as  to  give-  the  Eiecuiivc  anabMvtevt'saliaeon  lUr  Icujg,  There  was  no 
daoWr  tltev  thoiighl,  of  sacli  a  power  lieing  too  inueh  exereised.  It  wa^  ineiitioned 
bv  <!:olonel  Hamilton,  that  the  King  of  Great  Britain  bad  not  exerted  his  negative  sinee 
ths  revolnlion."  (i.  e.  ]6tir.) 

That  is  the  argument  in  favor  of  the  absolute  veto  made  by  one 
■who  has  been  represented  in  this  chamber,  as  tlie  great  ar!sloct:at 
ai.d  monarchist  of  that  day— Mr.  Gerry,  a  democrat  of  that  day- 
Mr.  MANGUM,  (in  his  seat.)     Republican. 
Mr.  CLAYTON.— I  thank  my  friend  for  the  word.     Republican 
IB  a  much  better  name. 

".Mr.  GerrvMiid  lie  raw  no  necessity  for  so  great  a  control  over  the  lej^islaturc,  as  the 
best  mi-'n  in  fire  country  would  be  comprised  in  the  two  branches  of  it. 

*"Dr.  Frankun  said,  he  was  sorry  to  differ  from  his  colIea;;ne,  for  whom  he  had  a 
very  irreal  .especl.  on  any  occasion,  but  he  could  not  help  il  on  this.  Ho  had  bad  some 
cxpetience  ol  this  check  in  the  cvecinive  on  tlic  lc;;islature,  under  tire  |iioi',rietary  gov-^ 
ermnentof  i'ennsjlvania.  The  negative  of  the  governor  was  conslauliy  made  rise  ot 
loex  oit  money.  No  pood  law  whatever  could  be  pa.ssed  without  a  private  baigain 
wiliihiin  *  *  If  the  Execntivewasto  liavea  council,  such  a  power  would  boiess 
ohieclionable.  Il  was  true,  the  King  of  Great  Britain  had  nol.  as  was  said,  ejerteil 
his  ncgalivc  since  thcrevolnlion;  hut  lliat  matter  was  easily  cxpliiined.  The  bribes  and 
enioluiiients  now  given  to  the  members  of  Parliament  rendered  it  unnecessary,  every- 
thing being  ilono  according  lo  the  will  of  the  ministers.  Ho  was  afraid,  il  a  negaln  e 
should  be  given  as  proposed,  the  more  power  ami  money  would  bo  demandeil.  till  at 
\-^l  enoiigli  wouM  be  got  lo  intluence  and  btilie  the  legislature  into  a  complete  subjec 
Uon  10  ihe  will  of  the  executive." 

Then  comes  the  republican  shoemaker,  Roger  Sherman.  What 
did  ho  say? 

"Mr  SuKRMAN  was  against  enabling  any  one  man  to  slop  the  will  of  the  whole. 
No  Olio  man  could  bo  foond  so  tar  above  all  the  rest  in  wisdom.  Uc  thought  wo  ought 
to  avail  our.elvesof  his  wisdom  in  icvi=ing  tho  laws,  bnl  not  permit  him  lo  overrule  the 
decided  and  cool  opinions  of  the  legislature." 
>,.  Mr.  Wilson  said  in  his  speech  for  tho  veto,  "there  might  be 
tempcstous  moinenis  in  which  animosities  may  run  high  between 
the  executive  and  legislative  brandies,  and  in  which  the  loimcr 
ouiihl  10  bo  able  to  defend  itself." 


"Mr.  Butler  had  been  in  favorof  a  single  Executive  magistrate;  bat  ccnld  behave 
entertained  an  idea  that  a  compt-ie  negative  on  itip  Inws  was  'o  be  given  him.  he  cer- 
lainlv  should  have  .ncted  very  diff.renlly  It  had  been  observed,  that  ia  all  countries 
»he  eitecuiive  power  is  in  a  constant  course  of  increase.  This  was  certainly  the  case 
in  Great  Britain.  Gentlemen  seemed  to  think  that  we  had  nothing  to  apprehend  from 
an  abuse  of  the  E^.>riitive  power.  But  wliy  might  not  a  Cataliueor  a  Ctomwell  aiiso 
in  this  country  .is  well  as  in  othets?" 

"Mr.  RiiDFOBD.  of  Delaware,  was  opposed  to  every  cheek  on  the  legislatore,  even 
the  cooticil  of  ^ev^^ion  first  propo-ed.  H^  thought  it  would  be  sutTicienl  to  mark  out 
ill  ihe  constitution  the  boundaries  to  the  legislative  authority,  which  would  give  all  the 
reipii'ite  security  to  the  rights  of  the  other  departments.  The  represcntaltves  ot  the 
people  were  the  best  judges  of  what  was  tot  Ilieir  interest,  and  ought  to  be  under  no 
eslciual  control  whatever.  The  two  branches  would  produce  asufficient  control  with- 
in the  legislature  itself." 

"Cot-.  .M.\soN  observed,  that  a  vote  had  already  passed,  he  found — he  was  out  at 
the  time — for  vesting  ihe  Executive  i  owers  in  a  single  pertou.  Among  these  powers 
was  that  of  appoinling  to  ofUcesin  certain  cases.  The  probable  abuses  of  a  negative 
had  been  wdl  explained  by  Dr.  i''tanklin.  as  proved  by  experience,  the  best  of  all 
tests.  V\Ml  not  lite  same  dooi  be  opmed  heie  ?  The  Executive  may  refuse  its  assent 
to  necessary  measures,  rill  ni  w  ap|  oiu'inents  shall  be  referred  to  htm  ;  and.  having  by 
liegrees  enriossed  all  these  tnlobisown  hands,  the  Ameriiran  Executive,  likethc  Bri- 
tish.will,  by  bribery  ami  influence,  save  himsell  the  trouble  and  odiumof  exerting  his 
negative  afieiwards.  We  ate.  Mr.  chairman,  going  very  far  in  this  business.  We 
are  not  indeed  constituting  a  British  government,  but  a  moie  dangerous  monarchy — 
an  elective  one.  We  are  introducing  a  new  principle  into  our  system,  and  not  neces- 
sary, as  in  llie  British  govfrnment,  where  the  Executive  has  gteater  rights  to  defend. 
Do  gentlemen  mean  to  pave  the  way  to  hereditary  monarchy  ?  Vo  they  flatter  them- 
selves that  Ihe  people  will  ever  consent  to  such  an  innovation  1  If  they  do.  I  venture 
to  tell  litem  they  ate  mistaken.  The  iieople  never  w  ill  consent.  And  do  genilr-men 
consider  the  danger  of  delay,  and  the  still  greater  danger  of  rejection,  not  for  a  mo- 
ment, but  forever,  of  Ihe  plcn  svhich  shall  be  proposed  to  them?  Notwithstanding 
the  oppression  and  injustice  ex[)erienced  among  os  Iroin  demtKracy.  Ihe  genius  of  Ihe 
people  is  in  favor  of  it,  and  Ihe  genius  of  Ihe  people  rmist  be  consulted.  He  could 
not  but  eonstrJcr  the  federal  system  as  in  elfcet  dissolved  by  the  appointment  of  this 
convention  to  devise  a  better  one.  And  do  gentlemen  look  forward  to  the  dangerous 
interval  between  the  extinction  of  an  old,  and  the  estabhshmenl  of  a  new  govern- 
ment, and  to  the  scenes  of  confusion  which  may  ensne  ?  He  hoped  thai  uothing  like 
a  nioiiarehy  would  e\erbe  attempted  in  this  country-  A  hatred  to  its  oppressions 
had  carried  the  people  tiiicngh  the  late  re\olulion.  Will  it  not  be  enough  to  enable 
Ihe  Executive  to  suspend  Oiii^u»ive  laws,  till  they  shall  be  coolly  revised,  and  tl  e  ob- 
jections 10  them  oven  tiled  bv  a  greater  majority  than  was  required  in  the  first  instance  ? 
He  never  could  agree  to  give  up  all  the  riglits  of  the  people  to  a  single  magistrate.  If 
more  than  one  bad  been  tixcdon,  greater  powers  might  have  been  intrusted  lo  the  Ex- 
ecutive. He  hoped  this  attempt  to  give  such  powers  would  have  its  weight  hereafter, 
as  an  argument  ibr  incre:ising  the  number  of  the  executive." 

After  this  Dr.  Franklin  again  spoke  against  the  veto  power, 
treating  this  question  as  if  it  involved  that  of  monarchy  or  repub- 
licanism ;  and  one  passage  of  his  speech  contains  a  prophecy  so 
remarkable  that  I  must  read  it  to  the  Senate  : 

"The  first  man  pal  at  the  helm  (of  stale)  will  be  a  good  one.  Nobody  knows 
what  sort  may  come  afterwards.  The  Execi'iive  will  be  always  increasing  here,  as 
elsewhere,  TILL  IT  ENDS  IN  A  WONARCHV." 

Thus,  then,  it  appears  that  the  opinion  of  six  out  of  nine  who 
parlieipalcd  in  the  debate,  was  that  an  absolute  and  unqualified 
veto  would  introduce  a  great  monarchical  feature  into  our  insiiiu- 
tiuns  ;  111  other  words,  that  the  Executive  would  be  convened  into 
11  monarch  by  its  adoption.  That  was  the  opinion  of  Franklin,  of 
Mason,  of  Sherman,  of  Bedford,  of  all  except  tho  ultra  federal- 
its  of  Ihe  day.  Now,  where  are  we  ?  What  is  the  party  which 
now  maintains  this  ultra  veto  power?  Tho  party  that  arrogates 
to  itself  the  name  of  democratic  ?  That  is  the  party  which  places 
in  the  foreground  of  ils  political  platform,  the  doctrine  of  the  ab- 
snluie  and  unqual  fied  exercise  of  the  veto  power.  That  is  the 
party  which  sustained  the  absolute  and  unqualified  veto  on  the 
land  hi  1  in  1833.  That  bill  to  distrilmte  the  nett  proceeds  of  all 
the  public  lands  among  the  Slates,  which  passed  both  Houses  in 
March,  1S33.  vvas  a  bill  which  would  have  given  the  people  of  each 
Stale  in  tliis  Union  the  means  of  eilucating  all  their  children  with- 
out taxaiiiin,  and  of  improving  their  harbois  and  rivers.  These 
funds  have  been  since  been  wasted  upon  land  jobbers  and  party  fa- 
vorites, on  government  contractors  and  office  holders,  and  not  a 
dollar  of  all  these  unnuiubercd  millions  has  been  given  to  those 
who  owned  them,  as  riL'htfully  as  any  man  on  earth  ever  owned 
his  own  house.  By  an  absolute  veto — '"a  pocket  veto" — a  vile 
trick  and  a  fraud  upon  the  people  and  their  Rcptesenlativcs,  this 
bill  was  defeated  alter  the  Ecprcsentaiives  of  the  nation  had  pass- 
ed it  by  yeas  93,  nays  40 — more  than  two-thirds!  The  bill  passed 
within  the  last  ten  dnys  of  the  session,  as  three-fourths  of  all  the 
laws  of  Congress  always  have,  and  always  will  pass.  Experi- 
ence shows  us  that  the  laboisof  Consrcss  are  consummated  williin 
the  last  ten  days  of  each  session,  and  that  bills  -A-liich  have  been 
discussed  or  matured  for  months  are  generally  signed  at  the  close 
of  the  session.  If,  therefore,  the  President  can,  for  the  want  of 
ten  days,  within  which  the  constitution  allows  him  lo  retain  a  bill 
for  his  signature,  w.tl.hold  his  sanction  and  refuse  to  return  tho  , 
bill,  he  can  defeat  it,  although  two-thirds  of  each  branch  should 
he  disposed  to  pass  it,  as  the  constitution  authorizes  them  to  do. 
The  Senate,  as  well  as  the  House,  in  March,  1833,  stood  ready  to 
annul  the  veto  on  tho  lanil  bill.  The  Senators  from  North  and 
South  Carolina,  [Mr.  Mangum.  and  Mr.  Calhoun,]  as  well  as 
myself,  were  present  at  the  time  in  the  Senate,  and  we  are  all 
here  now  ready  to  attest  this  to  be  true.  The  President  obtained 
secret  information  of  the  spirit'  of  the  Senate  against  his  veto 
power,  and  pocketed  the  bill,  in  defiance  of  the  whole  spirit  of  tho 
constitution.  This  was  a  gross  case  of  tho  exercise  ol  the  abso- 
lute and  unqualified  veto,  which  has  never  been  condemned,  but 
always  approved,  by  yuur  pscudo  dciiioeracy  ;  and  it  is  a  fatal 
precedent,  which  may  virtually  annul  the  whole  power  of  Con- 
g.'ess.  The  qualified  rule  or  power  of  revision  recognized  by  tho 
constitution,  subject  to  the  will  of  two-thirds  of  each  bianchof 
Congress,  has  been  exercised  in  the  cases  of  the  bill  to  pay  the  in- 
terest due  the  Slates  for  expenditures  in  the  last  war,  tile  various 
bills  for  improiement  of  rivers  and  harbors,  the  bill  to  re-cliartcr 
the  bank,  tlie  bill  to  ctiualizo^hp  sessions,  of  Co.ngt'css,  the  I'rench 


1 


July 


5.] 


THE  ADJOURNMENT  RESOLUTION. 


S27 


spoliation  bill,  and  in  so  many  other  cnses  tliat  if  is  difficnlt  to 
enumerate  ibem.  These  vetoes  have  been  sustained  by  Executive 
infliii-nee.  Congress  has  fa'len  beneath  the  Exeeiitive  arm, 
strenpjihcned  as  that  is,  and  aUvavs  will  be,  bv  a  vennl  and  sub- 
servient press  and  the  rendy  aid  oC  the  Post  OfTice  Department, 
with  a  hundred  thousand  olTice-hold'>rs,  mnny  of  whom  will  al- 
ways "crook  the  pregnant  hinges  ol"  the  knee  where  thrift  may 
follow  fawning."  Tins  whole  veto  power,  as  thus  exercised,  is 
now  sustained  by  the  Baltimore  platform,  and  promptly  adopted 
by  General  Cass,  in  his  acceptance  of  the  Baltimore  nomination. 
It  is    part  of  his  established  creed. 

On  the  other  hand,  Imw  stands  the  man  we  support  on  this  crcat 
and  vital  subject  ?  He  denounces  the  kingly  power — the  power 
for  the  exorcise  of  which  a  Stuart  and  a  Bourlion  lost  their  heads 
— and  confines  the  veto  to  the  cases  in  which  the  fathers  of  the  repub- 
lic intended  it  to  be  exercised.  He  treats  it  as  a  "hi^h  conserva- 
tive power."  So  did  they.  They  declared  by  their  exposition  in 
the  ''Federalist,"  that  its  chief  object  was  ''to  enable  the  Execu- 
tive to  defend  himself  when  attacked."  Thev  meant  it  to  be  a 
shield,  not  a  sword.  "In  my  opinion,"  says  General  Taylor,  in  his 
letter  to  Captain  Allison,  "it  shoidd  never  be  exercised  except  in 
eases  of  clear  violation  of  the  con.siitutinn,  or  manifest  haste  and 
■want  of  consideration  by  Congress."  He  modestly  adds,  "Indeed 
I  have  thought  thai  for  many  years  pist,  the  known  opinions  and 
wishes  of  the  Executive  have  exercised  undue  and  injurious  influ- 
ence upon  the  legislative  <lcpartment  of  the  government  ;  and  from 
this  cause  I  have  thought  our  system  was  in  danger  of  undergoing 
a  great  change  from  us  true  theory."  Sir.  if  ho  had  been  forty 
years  in  these  halls,  instead  of  the  tented  field,  he  could  not  have 
more  thoroughlv  understood  the  true  theory  of  this  government 
and  its  actual  and  inevital>lo  tendency,  as  now  administered.  It 
is  evident  he  has,  in  thf  silent  hours  allowed  him  in  the  camp,  by 
the  watch-Hre  in  the  night,  or  amid  the  intervals  of  battle  and  mil- 
itary service,  deeply  studied  the  genius  of  our  government  and  its 
practical  administration. 

Sir,  it  would  consume  more  time  than  is  necessary  for  my  pur- 

Sose,  to  show  how  often  the  will  of  the  people,  expressed  by  their 
epresentatives  in  Congress,  has  been  deteaied  by  the  iron  will  of 
a  President,  and  especially  by  the  exercise  of  his  monarchical  ne- 
gative on  the  laws.  In  the  language  of  a  distinguished  states- 
man, "the  extreme  medicine  of  the  constitution*  has  become  our 
daily  food."  Every  man  who  remembers  the  history  of  the  last 
twenty  vears,  will  bear  me  witness,  that  in  this  respect,  the  mo. 
dern  democracy  have  drifted  to  .a  returnless  distance  from  the  old 
landmarks  of  republicanistn.  The  Executive  prerogative  is  no 
longer  the  object  of  attack,  but  its  advocates  have  been  the  un 
ceasing  assailants  of  the  rights  of  the  people,  and  of  the  popular 
branch  of  the  govenmient.  "The  power  of  the  crown  has  in- 
creased, is  increasing,  and  ought  to  be  diminished."  He  has  bro- 
ken down  the  power  of  the  people  to  improve  their  rivers  and  har- 
bors— dictated  a  new  and  untried  system  of  currency  in  desp'te  of 
their  expressed  opinion — -and  even  gone  so  far  as  to  denv  the  right 
of  Congress  to  pav  a  private  claim  to  an  American  citizen.  I  re- 
fer to  tlie  claim  for  French  spoliations  on  our  Cfmnt'^rce  prior  to 
1800,  for  the  liquidation  of  which  a  bill  passed  boih  Houses  of 
Congress  two  years  ago — a  bill,  the  principles  of  which  he  never 
understood — a  bill,  to  which,  it  is  palpable,  he  never  gave  a  week's 
attention  in  his  life,  though  Congress  passed  it,  afier  having  held 
it  under  consideration  for  a  period  of  nearly  fifty  j-ears.  The  go- 
vernment has  ceased  to  be  a  government  of  the  people,  and  has 
become  a  government  of  one  man.  Power,  says  Junius,  is  con- 
tinuallv  stealing  from  the  many  to  the  few,  and  I  may  add,  from 
the  few  to  one.  The  one-man  power  's  the  subject  of  unceasing 
eulogy  among  some  of  the  advocates  of  the  Baltimore  convention 
plaifoim.  and  one  of  the  delegates  lately  made  a  speech  to  show- 
its  superiority  in  concentrating  all  responsibility  in  one  head,  in- 
stead ol'  dividing  it  among  many,  thus  frankly  avowing  his  pre- 
ference for  the  monarchical  to  the  republican  principle. 

We  must  arrest  this  tendency  to  monarchy  if  we  intend  to  re- 
main a  republic.  When  you  talk  to  me  about  whig  principles,  ta- 
riffs, the  currency,  internal  improvements,  land  bills,  and  public 
eeonomv.  I  tell  you  that,  although  I  am  a  whig,  have  always  been 
a  whig,  and  expect  to  die  whig,  vet  1  hold  that,  in  comparison 
with  the  great  principle  now  at  issue  between  Lewis  Cass  and 
Zacharv  Taylor,  the  other  principles  of  any  party  ever  yet  known 
in  this  country  sink  into  insignificance.  I  am  called  upon,  in  the 
el'ction  of  Zachary  Taylor,  to  vindicate  the  great  right  of  man  to 
self-government,  and  the  right  of  the  people,  through  their  Rep- 
resentitives  in  C  ingress,  to  make  laws.  lam  called  upon  to 
deny  the  right  rf  il  e  Presiiient  of  the  United  Slates  lo  .assume  the 
posi  ion  ol  a  legislator  ;  and  whenever  the  day  shall  come  that  his 
right  to  legislate  shall  be  acknowledged,  that  moment  the  repub- 
lican character  of  our  government  utterly  ceases  lo  exist.  You 
may  call  it  what  you  please — you  may  style  the  man  at  the  head 
of  the  government  a  President,  as  Bonaparte  was,  in  the  first  in- 
stance, styled  the  first  Consul,  and  afterwards  Emperor  of  there- 
public — but  to  all  inients  and  purposes  your  republic  is  at  an  end. 
It  becomes  a  monarchy — an  eleotive  monarchy — the  meanest  and 
inosi  despicable  form  in  which  that  kind  of  government  can  exist. 
Here,  then,  is  the  principle  upon  which  I  make  issue  with  the 
honorable  gentleman  from  Mississippi,  in  the  apprnaching  Presi- 
dential campaign.  I  mean  to  stand  by  General  Taylor  as  the  rep- 
resentative of  the  right  of  man  to  self-government.  I  mean  to 
support  him  because  he  has  boldly  and  nobly  proclaimed  himself 
before  the  country  as  the  champion  of  this  grei.t  princi'jle,  that 
the  majority  should  govern.    In  all  those  cases  where  the  fatnerij 


of  the  republic  intended  that  the  veto  power  should  be  applied,  he 
declares  that  ho  will  exercise  it.  In  all  cases  where  a  bill  pnssed 
by  Congress  is  clearly  and  manifestly  unconstitutional,  or  has 
been  passed  in  haste  and  without  due  consideration,  he  will  be  pre- 
pared to  apply  the  veto.  He  is  ready  to  apply  it  to  sustain  the 
Union  ol  these  States  against  any  dangerous  infraction  of  the  con- 
stitution. But  he  will  pel  mil  the  people  of  ihe  country  to  govern 
themselves.  He  will  sufler  the  Representatives  of  the  people  and 
the  States,  in  these  halls,  to  make  the  laws.  He  will  not  set  him- 
self up  as  an  essential  part  of  the  legislative  power  of  the  nation. 
He  will,  when  he  reaches  the  Presidehiiol  chair,  stand  by  the  zreat 
principles  avowed  on  this  subject  by  Madison  and  his  compatriots 
of  17-^7.  and  utterly  repudiate  the  kingly  maxim  practised  upon  in 
the  present  day—"  Sic  volo,  sic  jubeo,  sic  veto.  Stet  pro  rutione 
voluntas." 

I  propose  to  look  a  little  further  into  this  subject.  I  desire  the 
Senate  and  the  people  of  the  country  to  understand  what  kind  of 
government  was  sought  to  be  established  by  those  who  introduced 
the  veto  power  into  the  constitution  ol  the  United  States,  and  the 
kindred  principles  which  actuated  them.  In  Madison's  papers  we 
find  a  copy  of  the  constitution  which  Colonel  Hamiltoi^  the  fa- 
ther of  the  veto,  intended  to  propose.  Here  are  three  ol  ils  pro- 
visions . 

"  -Article  1.— Sec].  The  lepislalivo  power  shall  b«  vested  in  tw.^  distinct  bodiet 
of  men.  one  to  be  called  the  Assembly,  the  other  the  Senate,  subiect  to  the  ncsalive 
hereiniU'ter  mentioned. 

"  .Vrticle  IV'.— Sbc.  10.  The  President  shall  has-e  a  right  lo  neeativo  all  bilU, 
resoUnion^,  oracLs  of  lire  two  Houses  of  the  legislature  about  to  he  passed  into  laws. 

*' Article  III. — Sec.  6.  The  Senators  shall  hold  their  places  during  good  beha- 
vior, removable  only  by  coavicuon,  on  impeachment,  for  some  crime  or  nusde ' 
raeanor." 

Here  are  the  principles  of  the  government  which  the  author  of 
the  veto  power  intended  to  introduce.  It  is  manliest  that  the 
mind  of  the  author  of  the  veto  power  was  at  an  infinite  distance 
from  the  opinions  of  those  whi>  made  the  constitution.  It  is  evi- 
deni  that  ho  intended  to  establish  a  Senate  for  life,  and  lo  make 
the  President  a  part  of  the  legislative  power. 

But  the  Executive  practice  in  these  days,  (all  of  which  seems 
to  be  fully  approved  by  General  Cass  )  is'not  merely  sic  veto — but 
sic  volo,  sic  jubeo.  He  now  assumes  the  iniiiative  in  addition  to 
the  veto  power.  He  not  only  recommends,  but  dictates  to  Con- 
gress. His  opinions  are  daily  tjuoied  in  debate  here,  and  control 
our  legislation.  It  has  been  but  four  days  since  an  attempt  was 
made  by  the  Senators  from  Kentucky  and  Tennessee,  [Mr.  Un- 
DEiiwooD  an  1  Mr.  Bell,]  to  remove  the  obstructions  in  the  river 
Ohio  at  Cumberland  Island.  Every  body  here  seemed  to  think  it 
right  to  lemove  it — but  it  was  known  and  said  that  the  President 
would  veto  the  bill  which  contained  it,  and  the  improvement  fell. 
So  the  navigation  of  the  Ohio  must  be  obstructed  till  Taylor  can 
put  it  all  right,  by  allowing  Congress  to  make  laws.  We  have 
now  not  a  single  river  or  harbor  bill  before  Congress — not  one 
measure  for  internal  improvement.  Why?  Because  we  all  know 
it  is  idle  to  waste  our  time  in  passing  them,  as  the  President  has 
publicly  avowed  his  resolution  to  veto  them  all.  The  will  of  the 
people  is  nothing.  All  men  here  look  only  to  iho  -kM  of  the  Pres- 
ident. He  is  the  fountain  of  favor.  Now,  in  the  British  House  of 
Commons,  under  a  limited  monrachy,  the  independence  of  Parlia- 
ment is  secured  by  a  rule  which  makes  it  out  of  order  for  any  mem- 
ber to  state  in  debate  what  is  the  will  of  the  king;  and  il  is  per- 
fectly true,  as  Colonel  Hamihon  staled  in  ibe  convention  of  17S7, 
that  no  king  of  England  has  dared  to  exercise  the  veto  power 
since  the  English  revolution  produced  by  the  whigs  of  ItiSa — one 
hundred  and  sixty  years  ago.  Why?  Becau.se  the  exercise  of  a 
power  so  despotic,  which  wholly  denies  to  ihe  people  ihe  right  of 
self-government,  would,  even  in  that  limited  monarchy,  have  cost 
any  English  monarch  his  head.  Queen  Victoria  would  not  keep 
the  throne  a  week  under  one  of  our  Presidential  vetoes.  We 
have  the  name  of  a  republic,  but  stat  numis  umbra — it  stands  bat 
the  shadow  of  a  name.  I  first  came  into  Congress  nearly  twenty 
yiars  ago,  and  I  have  since  been  an  atteniive  observer  ol  men  and 
things  here,  thaugh  one  of  the  humblest  of  the  aclorson  this  theatre, 
wlere  men,  with  loud  professions  of  democracy  on  their  lips, 
cherish  the  most  despotic  prnciples  in  their  hearts:  and  1  now  suy 
that  the  monareliical  tendency  has  every  year  been  growing- 
stronger,  that  many  of  our  legislative  acts  of  the  most  iniponant 
character  are  drafted  at  the  Executive  departments  to  suit  the 
will  of  the  Executive,  and  that  Congress  has  degenerated,  under 
democratic  Presidents,  till  it  is  little  better  than  the  regiMer  of 
the  edicts  of  an  Emperor.  It  is  but  a  few  days  since  a  member 
■who  h!is  served  in  Congress  about  thirty  years,  [Mr.  Webster,] 
declared  in  his  place,  that  he  had  never  known  a  President  to  set 
his  heart  on  any  great  measure  which  he  did  not  force  through 
Congress. 

Why  is  this?  Let  a  democratic  report,  made  to  drive  the 
younger  Adams  from  power  twenty-two  years  ago.  make  the  an- 
swer. The  veteran  member  from  Missouri.  [Mr.  Benton.]  in  bis 
report  on  Executive  patronage.  May  4,  1826,  after  cnuraeratinj 
the  monstrous  extent  of  the  power  of  that  patronage,  says  : 

"  The  whole  of  this  great  pots-er  will  centre  in  the  President.  The  King  ofEoff 
landisihe  *  tbontain  of  honor;'  the  President  of  the  L'nited  Stales  is  the  soorce  of 
pairjnage.  He  presides  over  the  entire  system  of  federal  appointments.  jot>s,and 
contracts.  He  has  '  jjower'  over  the  *  support'  of  th  '  individuals  who  administer  the 
system.  He  makes  and  nnniakes  them.  He  chooses  from  the  circle  of  bis  friends 
and  supporters,  and  mcy  dismiss  Ihem.  and.  upon  all  the  principles  of  hnmao  action, 
tfiV/ dismiss  them,  as  often  as  ther  disappoint  his  expectations.  His  spirit  will  ani- 
mate thpir  actions  in  al!  the  elections  10  i^tate  and /erferay  offices-  Ther?  may  be  ex- 
ceptious,  hut  the  truth  of  a  general  rule  is  proved  by   the  exception.     The  mteodei 

check  and  control  of  the  Seii»te,  withoni  new  constitntional  oi  suiatory  prvvisioBs, 


823 


THE  ADJOURNMENT  RESOLUTION. 


[Wednesday, 


will  cease  to  operate.  Patvonage  will  penetrate  this  body,  subdue  its  capacity  of  re- 
sistance, chain  it  to  the  car  of  power,  and  enable  the  President  to  rule  as  ea^ily,  and 
mucli  securely  with,  than  without,  the  nominal  check  of  the  Senate.  If  the  President 
was  himself  the  otScer  of  the  people,  elected  by  them,  and  restionsible  to  Iheni,  there 
would  be  less  danger  from  this  concentration  of  all  power  in  his  bands;  but  it  is  the 
business  of  statesmen  to  act  upou  things,  as  they  are.  and  not  as  they  woolil  wish 
them  to  he.  We  must  then  look  forward  to  the  time  when  \Uf  piiblir  rfrejntes  rrilt 
In' dovbUfI',  iDlien  the  ritnl  aTid  mjlrtary  officers  nf  IJie  feilrral  povemmntt  will  he 
quadTUjiled;  when  it.s  influence  over  individuals  will  he  nm/liplird  to  an  indrfirtrln 
eitfnif;  when  the  nomination  by  the  President  can  carry  any  mftn  through  the  Senate, 
and  his  recommendation  can  carry  anji  measure  through  the  two  Houses  ot  Con- 
gress: when  the  principle  of  (lublic  action  will  be  open  and  avowed,  the  President 
wants  MV  I'Otf.  nnd  I  wnvt  my  patrtmairc;  I  wilt  vote  ns  lie  wishes,  ond  he  trill 
OIVE  me  thi^  office  I  wish  for.  What  will  this  be  but  the  iroveriimciit  of  on'^  man  ? 
and  what  is  the  government  of  one  man  but  a  vionnrchy  ?  Nain>'s  are  nothing. 
The  nature  of  a  thing  is  in  its  substance,  and  the  name  soon  accommodafei  itself  to 
the  substance.  The  first  Roman  Emperor  was  styled  Emperor  of  the  Republic,  and 
the  last  French  Emperor  look  the  same  title;  iind'their  respective  countties  were  just 
as  essentially  vionarckieal  before  as  arter  the  assumption  of  these  titles.  It  cannot  be 
denied,  or  dissembled,  but  that  this  federal  government  gravitates  to  the  same  point, 
&c."  '  Those  who  make  the  President  must  support  him.  Their  political  fate  he- 
comes  identified,  and  they  must  stand  or  fall  together.  Right  or  wrong,  they  must 
support  him;  and  if  he  is  made  contrary  to  the  will  of  the  people,  he  mustbesupiiorted 
not  only  by  votes  and  speeches,  but  by  arms." 

I  proceed  now  to  answer  some  of  the  intcrrntrations  proposed 
by  tlii3  liniiorable  Senator  from  Mississippi;  and.  first,  in  relation  to 
the  tarilV.  He  asks  me  wliether  General  Taylor  is  in  favor  ol  the 
tariff?  I  answer  that  General  Taylor  has  expressly  declared  in 
his  letter  to  Captain  Allison,  that  he  will,  on  that  subject,  submit 
to  the  will  of  the  people.  If  they,  by  llieir  Representati\es  in 
Cono'ress,  choose  to  pass  a  protective  law,  he  will  not  veto  it.  If 
they  choose  to  retain  the  free  trade  law  of  1846,  ho  will  not  inter- 
fere with  it.  The  Senator  asks  what  is  my  position  in  reg.'ird  to 
this  ipipstion  ?  I  answer  that  I  am  a  whig,  and  as  a  true  friend 
of  ilie  American  tariff  of  1842,  and  the  principles  of  that  tariff,  I 
am  perfectly  content  with  the  President  of  the  United  Slates  who 
will  permit  the  will  of  the  Representatives  of  the  people  and  of 
the  Slates  to  become  the  law  of  the  land.  The  honorable  fientlc. 
man  referred  to  a  letter  of  mine,  written  in  1846,  to  my  political 
friends  in  Delaware,  in  which  I  avowed  myself  to  be  what  I  have 
always  felt  proud  to  declare  myself — a  friend  to  the  protection  of 
American  industry,  and  the  tariff  of  1842  It  was  a  letter  writ- 
ten, not  as  he  says,  for  a  Presidential  election,  but  for  a  State  elec- 
tion, and  on  the  eve  of  it.  I  shall  never  abandon  it — but  I  glory 
in  the  principle  it  avows. 

The  honorable  Senator  inquired  if  there  was  a  man  on  this  side 
of  the  chamber  who  was  in  favor  of  that  tariff  of  1842  ?  lam, 
and  I  think  all  on  my  side  of  the  chamber  concur  with  me.  But 
I  do  not  desire  General  Taylor  to  force  any  tariff  upon  the  coun- 
try by  the  exercise  of  the  Executive  power.  Ho  is  willinjr,  on 
that  great  question,  to  let  the  vote  of  the  people  govern;  and  no 
man,  be  he  from  the  North  or  from  the  South,  who  desires  to  curb 
the  expression  of  the  people  on  this  subject,  can  justly  call  himself 
a  true  republican. 

It  is  because  General  Taylor  on  this,  as  on  other  great  ques- 
tions, stands  on  republican  ground,  that  we  desire  his  election. 
He  occupies  precisely  the  platform  on  which  Mr.  Jefferson  placed 
himself  in  the  origin  of  parties  in  this  country.  He  is  in  favor  of 
strengthening  the  popular  branch  of  the  government,  and  opposed 
to  the  augmentation  of  Executive  power.  This  was  the  great  di- 
viding landmark  between  parties  in  1798.  But,  alas!  your  mod- 
ern democracy  has  been  driven  by  its  office-hohling  leaders  to  a 
very  different  position  from  that  occupied  by  Mr.  Jetferson.  It 
now  stands  as  the  advocate,  the  prop,  and  support  ol  kingly  power. 
[Here  Mr.  C.  addressed  himself  to  the  democratic  side  ol  the  cham- 
ber.] You  defend  all  its  encroachments.  You  spurn  the  rights 
of  the  country  and  of  Congress.  You  decide  that  the  President 
shall  put  down  the  will  of  the  people;  and  you  have  nominated  a 
man  who  stands  solemnly  pledged  before  the  convention,  by  his 
letter  of  acceptance  of  your  nominafion,  to  veto  the  will  of  the 
people,  when  expressetl  through  their  Representatives,  on  all  great 
leading  tjuestions,  in  any  other  way  than  as  a  mere  laclion  may 
dictate.  By  the  action  of  a  convention  which  the  minority  was 
suffered  to  conirol,  and  which  took  only  one  night  to  consider  all 
the  great  questions  of  public  policy,  your  candidate  is  pledged  to 
veto  the  vote  of  the  people,  should  even  nine-tenths  of  them  decide 
upon  a  repeal  of  the  tariff  of  lS4(i,  and  a  re-enactment  of  iluit  of 
lii42.  Now,  on  this  ground,  is  there  any  honorable  free-trade  man 
who  will  hesitate  to  give  his  support  to  General  Taylor?  Every 
honest  democrat — every  native  and  every  naturalized  citizen — can 
support  General  T.aylor;  and  no  one  can  accuse  them  of  aposta- 
tizing from  any  political  party  lo  which  they  may  have  been  at- 
tached. I,  as  a  whig,  can  unite  with  my  fellow-citizens  of  the 
democratic  party  in  support  of  General  Taylor,  and  all  I  ask  of 
tliem  is  to  be  republican  in  heart,  and  allow  the  will  ol  the  people 
Jo  ;;<ivcrn;  lor  that  is  the  great  iirinciple  laid  down  by  him  in  the 
Allison  loiter,  and  it  towers  iiifiiiilcly  above  all  other  questions  of 
party  ever  made  in  this  country,  I  cherish  no  unkind  personal 
feelin"  toward  the  distinguished  gentleman  whom  the  democratic 
convention  nominated.  I  have  always  entertained  for  him  the 
hii'hest  regard  on  account  ol  the  excellence  of  his  private  eharac- 
■ier.  But  1  am  now  reviewing  his  public  acl.s — not  his  private 
life.  I  have  shown  that,  instead  of  occupying  republican  ground, 
he  stands  precisely  in  the  position  maintained  by  Col.  Hamilton 
and  Mr.  Wilson  in  the  federal  oonvention — pledged  to  sustain  the 
ultra  exercise  of  Executive  power,  and  to  veto  and  put  down  the 
will  of  the  nation  on  eveiy  subject  upon  which  an  irresponsible 
convention  have  had  the  elfronicry  to  uictaie  their  arbitrary  dog- 
mas  to  the  American  people.  These  men  have  thus  set  themselves 
up  above  the  constitution,  and  usurped  the  legislative  power, — 
Xliey  seek  to  control  tliB  appoinlmcnl  of  Chief  Magistrate,  and 


like  the  Polish  Diet,  virtually  to  elect  a  monarch  to  ride  and  rule 
an  abused  and  insulted  people. 

Which,  then,  is  the  republican  party?  It  is  the  great  nalional 
party,  composed  of  democrats,  naturalized  citizens,  native  citizens, 
and  whigs — patriotic  men  of  all  parties- — who  now  constitute  the 
great  Tavlor  party  of  the  country  That  is  the  true  republican 
party  ;  opjiosed  to  the  downward  tendency  of  the  government  in 
in  its  adminisiration — anxious  to  avert  its  progress  to  monarchy  ; 
and  unless  the  principles  of  that  party  be  sustained,  the  liberties 
of  the  country  must  sooner  or  later  fall  beneaih  the  axe  which  has 
been  laid  to  their  root  by  the  proceedings  of  the  inrerested  and  in- 
triguing faction  which  has  by  turns  muzzled,  cajoled,  and  trampled 
upon  the  rights  of  the  modern  democracy.  When,  then,  I  call 
upon  any  man  to  support  General  Taylor,  I  do  not  ask  that  he 
should  be  merely  a  whig  or  a  democrat,  but  a  republican — a  re- 
publican not  merely  by  profession,  but  a  republican  in  heart  and  in 
deed. 

The  party  leaders  in  the  convention  that  introduced  this  two- 
thirds  rule,  and  thus  cheated  itself,  refusing  to  allow  the  majority 
to  govern,  have  felt  already  the  consequences  of  their  conduct. 
This  rule  was  introduced  as  a  permanent  principle  of  the  demo- 
cratic party  in  the  convention  of  1844,  and  was  a  deliberate  fraud 
upon  Mr.  Van  Buren  and  his  friends.  He  went  into  the  conven- 
tion expecting  that  the  will  of  the  majority  would  be  allewedlo 
control  its  action  ;  and  he  received  the  votes  of  a  decided  majority 
of  that  eenvcntion.  But  the  politicians — those  jugalers.  who  un- 
derstood the  game  which  was  to  be  played — so  contrived  it,  that 
a  majority  could  not  control  the  action  of  the  convention.  They 
deluded  southern  men  by  the  pretext  that,  as  the  North  had  a 
majority  ol  votes,  their  institution  of  slavery  was  in  danger,  and 
thus  procured  their  aid  to  establish  the  rule,  that  a  vote  of  two- 
thirds  was  necessary  to  nominate  the  candidate.  They  thus  re- 
jected Mr.  Van  Buren  ;  and  what  has  been  the  result  ?  This  po- 
litical magician,  as  he  was  called,  has  applied  his  magic  touch  to 
your  party,  and  lo !  it  is  crumbling  into  dust !  It  is  prostrate  be- 
neath his  feet  at  this  moment.  The  splendid  party  fabric. — the  re- 
gency palace — which,  by  his  wizard  art,  he  erected  in  the  Empire 
State,  has  vanished  like  the  morning  mist,  or  one  of  those  dreamy 
mansions  of  which  we  read  in  eastern  tales,  at  the  touch  of  one  of 
the  genii.  The  vengeance  of  the  man  who  was  thus  defrauded 
and  deieated,  equals  that  of  Mazeppa,  the  Prince  of  Barnburn- 
ers— 

'■  For  if  we  do  but  mark  the  hour. 

There  never  yet  was  human  power, 

That  could  evade,  if  unforgiveu, 

The  patient  search  and  vigil  long, 

Of  bim  who  tieasures  op  a  wrong." 

I  say  to  gentlemen  who  now  vainly  attempt  to  uphold  this  tot- 
tering fabric  of  progressive,  aggressive,  and  retrogressive  democ- 
racy, that  on  the  day  on  which  you  established  that  principle,  and 
overthrew  the  fundamental  principle  of  all  republican  government, 
your  destiny  was  sealed  !  From  that  hour  your  doom  was  irre- 
trievably fixed.  Nothing  could  or  can  save  you  from  the  fate  that 
awaits  you.  Nothing  can  save  any  party  in  this  country  that  shall 
dare  to  establish  such  an  unprincipled  rule.  The  [leople  may  be 
humbugged  for  a  time  ;  but  when  they  have  been  allowed  oppor- 
luniiv  ior  reflection,  and  see  a  fraud  perpetrated,  repealed,  and 
enjoined  as  a  principle,  by  which  the  right  of  the  majority  is  de- 
nied, the  shackless  of  party  can  bind  them  no  longer.  They  im- 
bibed this  sacred  principle  from  their  fathers — they  were  taught  it 
by  their  motheis  amidst  the  first  lessons  of  their  infancy,  and  they 
know  that  without  it  their  government  would  be  converted  into  a 
government  of  pronunciamcntos,  and  could  not  exist  an  hour. 
Whig  as  I  am,  and  ever  have  been,  1  have  no  hesitation  in  declar- 
ing, that  if  the  whiij  party  were  to  assemble  in  convention  to-mor- 
row and  adopt  such  a  principle,  I  would  leave  them  the  moment  I 
could  address  a  letter  to  the  public. 

Tlie  Senator  also  inquires  what  will  General  Taylor  do  in  refer- 
ence to  the  sub-treasury  and  the  bank.  I  answer,  that  General 
Taylor  has  pledged  himself,  in  the  Allison  letter,  to  let  the  people 
govern.  If  they  want  this  miserable  snb-treasury  scheme,  they 
will  keep  it.  If  they  wish  to  repeal  it,  he  will  interpose  no  veto 
upon  the  exercise  of  theirwili.  On  the  other  hand, how  stands  Lewis 
Cass,  the  champion  of  the  democracy!  He  stands  pledged  to  re- 
tain the  sub-treasury  in  s[)ite  of  the  will  of  the  people.  \i'  three- 
tilths  of  the  people  should  come  here  demanding  the  repeal  of  the 
sub-treasury  law,  Mr.  Cass  would  be  bound  to  trample  upon  that 
will.  Which,  then,  is  the  republican?  Which  the  true  demo- 
crat ? 

Mr.  FOOTE. — Will  the  gentleman  bear  with  rao  while  I  sub- 
mit another  question  ?  Does  he  regard  the  veto  power  as  a  con- 
servative one,  to  be  retaincil,  or  as  one  to  be  struck  out  of  the 
constituiio.i?     If  to  be  retained,  should  it  not  bo  exercised  ? 

Mr.  CLAYTON. — I  am  very  glad  that  the  honorable  gen- 
tleman has  put  this  interrogatory.  I  hold  the  veto  power  to 
be  a  great  conservative  power  in  the  corstitulion.  1  do  not  seek, 
nor  do  the  friends  of  General  Taylor  seek,  to  strike  it  from  the 
constitution.  Wc  regard  is  as  the  fathers  of  the  republic  did — as 
a  conservative  pover  to  enable  the  Executive  to  delend  itself,  and 
to  be  exereiscd  precisely  within  the  limitations  laid  dowu  by  Mad- 
ison and  his  associates.  General  Taylor  specifies  the  causes  for 
which  ho  will  apply  the  veto. 

I  return  now  to  the  consideration  of  the  question  of  the  currency 
and  the  national  bank,  at  which  point  the  Senator  interrujitcd  the 
course  of  my  remarks.  And  I  recur  to  the  bank  question  particularly, 


July  5.] 


THE  adjournm:ij:nt  resolution. 


829 


that  tins  matter  may  be  put  to  rest  so  far  as  is  in  my  power,  now  and 
forever.  I  do  not  know  a  man  who  supports  General  Taylor  iliat 
entertains  the  most  remote  idea  of  brinjrinf;  the  question  of  a  na- 
tional bank  before  the  Congress  of  the  Union.  1  do  not  know  a 
whi2  on  this  side  of  the  chamber,  or  anywhere  else,  who  cherish- 
es any  idea  of  reviving  that  question.  Tiie  gentlemen  on  the  other 
side  will  rattle  the  dry  bones  of  the  old  Bank  of  the  United  States 
in  our  faces,  but  they  will,  by  doing  so,  only  frighten  the  men  of 
their  own  party  who  voted  in  Congiess  for,  and  carried  that  bank 
charter  ,  and  they  will  attempt  in  vain  to  ride  any  longer  on  their 
old  political  hobby  as  an  anti-bank  party.  Whatever  opinions  wo 
may  have  in  regard  to  that  great  question,  we  have  all  resolved 
tbat  we  will  never  revive  it.  If  the  democratic  party  want  a  bank 
of  the  United  States  let  them  move  it.  We  on  this  side  of  the 
chamber  know  that  a  national  bank  could  be  of  no  value  to  the 
country  unless  sustained  by  the  will  of  both  the  great  parties  of 
the  cocmtry.  I  am  free  to  declare  here  the  part  which  1  took  in 
reference  to  this  question.  I  voted  for  the  bank  in  1832  ;  te  dnce! 
under  your  lead,  sir;  for  you,  Mr.  President,  [Mr.  Dallas.] 
were  the  chairman  of  the  committee  that  reported  the  bill.  I  only 
followed  that  lead.  We  parsed  the  bank  bill  with  your  assistance, 
your  argument,  influence,  and  vote  ;  and  your  aid  extended  much 
further  ;  for  when  General  Jackson  vetoed  it,  vou  and  I  concurred 
in  voting  against  the  veto!  I  will  never  deny  the  faith  that  is 
in  me.  As  I  thought  then,  I  think  now.  And  the  day  will  come 
when  your  democracy  will,  under  the  pressure  of  distress,  cry 
aloud  lor  another  hank  ;  but  no  whig  will  ever  start  that  question 
again.  The  question  of  a  national  bank  should  be  and  will  be  al- 
lowed to  remain  at  rest  until  men  of  all  parties  shall  seek  to  esta- 
blish, and  resolve  to  sustain  it,  by  an  unanimity  which  shall  placo 
it  above  the  reach  of  the  demagogues  who  will  seek  to  destroy  it. 

I  am  a^ked  what  General  Tiiyior  will  do  in  regard  to  internal 
impiovements.  That  is  a  most  important  subject,  and  I  think  I 
have  already  answered  the  question.  It  deserves  the  patient  and 
most  deliberate  consideration  of  every  American  citizen.  But  on 
this  question,  the  course  of  the  bold,  manly  old  patriot  is  as  plain 
as  the  sun  at  noonday.  He  will  leave  this  question  also  to  the 
will  of  the  people.  If  the  R'^presentatives  in  Congress  choose  to 
pass  a  bill  for  internal  improvements,  he  will  not  impose  his  veto 
on  the  law.  Nor  will  he  write  any  messages  for  the  purpose  of 
manufacturing  internal  improvement  men,  or  tariff  men,  or  any 
other  kind  of  politicians.  He  will  not  enter  on  a  career  of  ppopa- 
gandism.  He  does  not  intend  to  get  up  a  hot-bed  for  tariffs  or  in- 
ternal improvement,  but  knowing  that  nothing  can  prosper  which 
does  not  rest  in  the  confidence  and  afl'ections  of  the  people,  he  will 
refer  these  questions  to  the  original  sources  of  power,  and  will  sus- 
tain them  all  with  inflexible  firmness,  so  long  as  the  people  will 
them  to  stand.  He  does  not  mean  to  push  things  to  extremes. 
His  administiation  will  neither  be  aggressive  nor  retrogressive  ; 
but  he  will  adapt  his  progress  to  the  mighty  energies  aud  capabil- 
ities of  a  nation  unexampled  in  the  history  of  the  world  for  its  ad- 
vance in  arts,  as  well  as  m  arms,  in  agriculture,  commerce,  and 
manufactures. 

Now,  on  this  great  question,  let  me  ask,  where  stands  General 
Cass  ?  I  must  now,  in  my  turn,  put  the  honorable  Senator  from 
Mississippi  on  the  confessional,  and  ask  him  to  illuminate  mv  path 
'  by  shedding  a  little  light  on  this  subject.  I  find  that  the  resolution 
passed  by  the  Baliimoie  convention  in  favor  of  the  exercise  of  the 
veto  power  contained  these  words  : 

"liesohed,  Tlial  we  are  decidedly  opposed  to  taking  from  the  President  the  veto 
power,  file.  &:c..  wliicli  has  saved  the  .^inenvan  people  from  the  corinpt  and  ivran- 
nical  domination  ofthe  bank  ol'the  United  Stales  and  from  a  corrupting  systcmof 
general  internal  improvements.^^ 

From  the  statement  of  Mr.  Yancey,  a  member  of  the  conven- 
tion, it  appears  that  these  words  about  internal  improvements, 
which  were  originally  reported  by  the  committee  appoined  to  draft 
the  "  Baltimore  p'atforni,"  were  objected  to,  for  the  reason  thus 
stated  by  Mr.  Yancey,  in  a  speech  in  the  city  of  Charleston,  South 
Carolina,  on  the  6th  June  last,  exposing  the  deeds  of  this  conven- 
tion : 

"Amongst  other  things,  he  instanced,  as  evidence  of  its  nnsoondness  as  an  eipo- 
nent  ofdL-tnocratic  views,  its  retusal  to  adopt  its  resolutions  avowing  its  principles,  and 
the  platform  upon  which  it  designed  to  place  its  nomination.  And  now  niatk  the 
result,  he  continued  :  hhex  the  nomination  was  made,  a  commiltee  wai  raised  to  re- 
port a  scries  of  resolulioiis.  Mr.  Yancey  said  that  the  couimitlee  met  on  the  evening 
of  its  apiiointment,  and  sat  until  ten  at  night.  Before  it  arljourned.  the  rcsohirion  in 
relation  to  the  veto  power  had  been  amended  so  as  to  show  its  happy  eflVct  in  saving 
the  country  '  from  a  corrupting  system  of  general  internal  improvements.'  It  was 
unanimously  agreed  to  as  sound  democratic  doctrine,  and  as  a  deserved  compliment  to 
Mr.  Polk,  When  the  committee  met  next  morning  the  first  proposition  made  was  to 
recon-ider  that  amendment,  and  strike  it  out.  t  inijuired  why  ?  It  had  been  admit- 
red  to  be  f(ood  dcmorratic  doctrine  the  night  before  !  The  answer  was.  '  Gen.  Cass 
voted  against  that  veto  of  Mr,  Polk,  and  if  we  put  this  in  we  will  condemn  our  nom- 
inee. 

"  These  virlQOUs  puliticians — these  trustworthy  representatives  of  democracy — had 
discovered  by  morning  that  the  avowal  of  a  truth  would  put  an  error  ti^olush  I  that 
Ihe  praise  of  a  patriot  would  be  the  condemnation  of  a  political  heretic  ! 

"  The  vote  was  not  reconsidered,  but  it  was,  as  Mr.  Yancey  firmly  believed,  be- 
cause it  was  too  barefaced  even  for  that  body  ;  and  if  the  idea  that  Cass  had  voted 
against  Mr  Folk's  veto  had  been  thought  of  before  the  amendment  was  adopted,  it 
never  would  have  graced  those  resolutions.  As  il  is,  it  will  indeed  become  a  tiiorn  in 
the  side  ot'  the  nominee." 

Now,  I  ask  the  honorable  gentleman  from  Mississippi  will  Gen- 
etal  Cass  veto  a  general  system  of  internal  improvements? 

Mr.  FOOTE. — I  am  not  prepared  to  state  further  than  this  : — 
that  it  i^.  my  own  opinion,  which  I  am  almostcertain  is  well-founded, 
that  General  Cass  is  opposed  to  any  general  system  of  internal  im- 
provements ;  and  that  he  would  veto  a  bill  in  favor  of  such  a  sys- 
tem. Bnt,  as  I  said  the  other  day,  my  own  impression  has  always 
been,  that  a  liberal  system  of  internal  improvements,  within  the 


constitution,  would  certainly  meet  tlie  support  of  General  Cass. 
Now,  if  I  have  answered  the  question  satisfactorily,  I  would  ask 
the  Senator  whether  General  Taylor  will  withhold  his  veto,  in 
case  of  his  election,  to  any  bill  for  internal  improvements  that  may 
happen  to  pass  both  houses  of  Congress  ? 

Mr.  CLAYTON. — However  vague  the  answer,  or  the  question 
addressed  to  me,  I  reply  promptly,  that  1  do  not  believe  the  case 
will  occur  of  the  deliberate  and  well  considered  passage  of  a  bill 
for  any  internal  improvement  by  both  houses  of  Congress  which 
ought  to  be  condemned  by  the  American  Executive.  General 
Taylor,  while  pledged  to  abide  by  the  will  of  the  people,  is  also 
free  to  restrain  any  hasty  or  inconsiderate  legislation. 

Mr.  FOOTE. — The  question  is  not  whether  such  or  such  a  case 
can  occur,  but  whether  General  Taylor  would  so  act  in  certain 
circumstances? 

Mr.  CLAYTON. — It  is  impossible  for  rae  to  state  my  opinion 
as  to  what  the  action  of  General  Taylor  in  a  given  case  might  be, 
unless  the  case  be  stated  with  precision.  You  might  suppose  a 
case  in  which  Congress,  having  gone  raving  mad,  would  vote 
twenty-five  millions  out  of  the  Treasury  when  there  were  not  five 
millions  in  it,  and  ask  me  whether  General  Taylor  would  veto 
that.  But  I  am  now  looking,  as  a  practical  man,  to  the  cases  which 
which  are  likely  to  occur,  and  1  have  not  the  most  distant  idea 
that  any  circumstances  will  actually  exist  in  which  Gen.  Taylor 
will  apply  the  veto  to  a  bill  for  internal  improvements.  But  bow 
stands  the  candidate  ofthe  other  side  ot  the  chamlier  with  respect 
to  this  question?  Perhaps,  as  his  pathway  still  remains  obscured, 
the  honorable  gentleman  from  Illinois  can  inform  me.  Does  he 
believe  that  General  Cass  will  veto  a  bill  for  internal  improve- 
ments? 

Mr.  BREESE.— I  will  answer  the  Senator  very  frankly.  If  I 
did  not  believe  that  General  Cass  would  veto  such  a  bill,  I  would 
not  vote  for  him. 

Mr  CLAYTON.— I  believe  that  the  gentleman  from  Illinois, 
as  well  as  General  Cass,  twice  voted  for  the  river  and  harbor  bill, 
and  against  the  veto  on  that  bill.  Does  he  believe  that  such  a  bill 
would  meet  with  a  veto  from  President  Cass? 

Mr.  BREESE. — I  do  not  suppose  that  it  would.  And,  with  all 
frankness,  permit  me  to  say,  that  as  I  understand  the  principles  of 
the  democratic  pari3',  a  palpable  distinction  has  always  been  made 
between  a  general  system  of  internal  improvements  and  mere  ap- 
propriations out  ofthe  T.easury  for  the  improvement  of  rivers  and 
harbors.  Reasonable  appropriations  for  llie  latter  purpose  would 
no  doubt  receive  the  sanction  of  General  Cass  and  the  democratic 
party.  But  appropriations  for  a  vast  and  expensive  system  of  in- 
ternal improvements,  I  hope  never  will  receive  the  sanction  of 
either. 

Mr.  CLAYTON. — We  see,  frotii  these  vague  answers,  how 
difficult  it  is  to  ascertain  what  General  Cass  does  or  does  not  mean 
shout  these  times.  I  know  that  he  has  voted  in  favor  of  every  in- 
ternal improvement  bill,  and  against  every  veto  of  them.  Now,  I 
have  always  heretofore  looked  to  a  man's  acts  in  order  to  ascer- 
tain what  he  meant  to  do  ;  and  I  have  hitherto  regarded  General 
Cass  as  a  high  ultra  internal  improvement  man.  I  have  always 
believed  that  he  could  go  further  on  that  subject  than  I  could  my- 
self, and  that  there  were  some  things,  besides  Mexico,  which  I 
fountl  very  difficult  to  take,  which  he  swallowed  with  great  case. 
It  is  apparent  that  there  are  two  Senators  who  have  very  different 
views  of  General  Cass's  opinion  upon  the  subject  of  iniernal  im- 
provement. I  am  apprehensive  that  we  are  to  understand  Gene- 
ral Cass  one  way  in  one  part  of  tlie  Union,  and  differently  in  an- 
other part.  He  was  called  upon  by  one  of  his  friends  at  Cleve- 
land, [Mr.- Wood,]  to  slate  his  opinions  on  this  subject,  but  we 
were  informed  that  the  ''noise  and  confusion"  were  so  great  that 
he  could  not  make  any  reply,  although  he  was  able  to  tell  the  au- 
dience very  audibly,  much  about  his  earlv  history,  and  how  he  had 
risen  from  comparative  obscurity  to  become  the  candidate  of  the 
great  democratic  party.  I  am  very  much  alraid,  .Mr.  President, 
tbat  the  "noise  and  confusion"  will  continue  throughout  the  cam- 
paign, and  that  we  shall  never  be  able  to  ascertain  the  opinions  of 
General  Cass  on  this  important  subject.  He  has  written  a  letter 
approving  of  the  whole  Baltimore  platform.  Let  me  read  a  por- 
tion of  that  platform  which  was  not  expunged  : 

Resolved.  That  the  constitution  does  not  confer  upon  the  general  government  the 
power  to  commenceand  carry  on  a  general  system  of  internal  improvement. 

It  seems,  then,  from  the  light  before  us,  that  the  Baltimore  con- 
vantion  held  the  government  could  not  carry  on  a  ''general  system 
of  internal  improvement  ;"  but  the  honorable  member  from  Illinois 
says  it  may  carry  on  a  particular  system,  such  as  that  indicated 
by  the  river  and  harbor  bill,  which  met  Mr.  Polk's  veto.  Tbat 
was  first  reported  by  a  committee  to  the  convention  as  a  "  cor- 
rupting system,"  and  Mr.  Polk  was,  in  that  report,  complimented 
for  his  veto  upon  it.  But  as  Mr.  Cass  had  voted  for  the  corrupt- 
ing system,  and  against  Mr.  Polk's  veto,  and  it  was  held  necessa- 
ry, as  Mr.  Yancey  proves,  not  to  "  condemn  the  nominee,"  the 
compliment  was  struck  out,  and  by  the  committee  not  approved. 
Then,  to  mystify  this  whole  matter  still  further,  another  resolu- 
tion  passed,  "that  the  fruits  of  the  great  political  triumph  of  1S44, 
which  elected  James  K.  Polk,  have  fulfilled  the  hopes  of  the  de- 
mocracy ofthe  Union."  But  the  most  amusing  part  ofthe  whole 
platform  is  the  distinction  of  the  Senator  from  Illinois  between  a 
"gsneral  system  of  improvement"  and  "  mere  appropriations  for 


830 


THE  ADJOURNMENT  RESOLUTION. 


[Wednesday, 


rivers  and  harbors,"  The  Senator  from  Mississippi  holds  the  riv- 
er and  harbor  bill  unconstitutional,  but  still  Si.stains  Mr.  Cass, 
who,  he  says,  is  for  a  liberal  sj'stem.  The  Senator  from  Illinois 
is  for  the  river  ami  harbor  bill.  Mr.  PoUc  is  afrainst  that  bill,  and 
also  against  the  liberal  system,  toto  calo.  Yet  all  are  on  the 
plaiform.  Each  is  oribodox.  Is  it  not  clear,  therefore,  tliat  the 
platform  to  which  General  Cass  pledged  himself  by  his  let'er  of 
acceptance  of  the  Baltimore  nomination  requires  another  exjilana- 
tion  from  himself? 

Mr.  FOOTE. — General  Cass,  in  his  letter  accepting;  the  nomi- 
nation of  I  he  Baltimore  convention,  slated  that  that  letter  closed 
his  profession  of  faith. 

Mr.  CLAYTON.— I  remember  that  very  well.  In  that  letter, 
after  endorsinz  this  unintelli<rible  platform  of  the  democratic  con- 
venlion.  he  adds,  that  be  will  not  say  any  more.  He  closed  the 
door,  became  "  General  mum,"  and  accordinjjly,  in  his  answer  to 
Mr.  Wood,  of  Cleveland,  he  refused  lo  throw  any  more  lioht  on 
the  subject.  It  is  palpable  that  his  position  is  equivocal,  and  dif- 
ferently understood  in  ditferent  sections  of  the  Union,  and  that  the 
p:atform  itself  is  a  mere  humbug. 

The  honorable  gentleman  asked  me  what  were  the  sentiments 
of  General  Taylor  in  regard  lo  the  Mexican  war.  I  think  ho  will 
find  an  answt  r  perlVcily  satisfactory  in  the  Allison  letier.  Then 
Gen.  Taylor  announces  a  great  principle  of  vast  import  ance  to  this 
country.  He  avows  himself  opposed  to  the  doctrine  of  annexation 
by  conquest.  He  is  opposed  to  war,  when  the  honcu'  of  ihe  coun- 
try does  not  demand  it,  and  in  favor  of  peace  as  the  general  poli- 
cy of  the  nation.  He  congratulates  the  country  upon  the  success- 
ful terminmion  of  the  Mexican  war.  Biu,  he  disiincily  announces 
his  own  principle,  conservaiive  and  glorious  as  it  is — one  on  which 
•we  will  go  into  the  canvass  this  fall — that  he  will  oppose  all  war 
for  the  pr.rposes  of  contiuest. 

Mr.  FOOTE. — The  Senator  seems  to  have  glided  past  my  in- 
terriigaiory.  The  question  was,  did  General  Taylor  approve  of 
the  conduct  of  his  own  country  ;  or,  did  he  hold  that  Mexico  was 
in  the  right?  And,  secondly,  when  that  war  had  been  waged,  up 
to  the  time  of  the  treaty  of  peace,  does  he  not  know  that  General 
Taylor  was  in  favor  of  that  acquisition  of  territory  which  has  been 
made  by  the  treaty  ? 

Mr.  CLAYTON. — The  gentleman  unintentionally  assumes,  by 
his  question,  a  knowledge  of  General  Tavlor's  opinions  which  his 
published  declarations  do  not  justify,  and  about  which  neither  he 
nor  I  can  have  any  knowledge.  We  know  nothing  of  General 
Taylor's  opinions  except  from  the  letters  which  have  been  publish- 
ed to  the  world  ;  and  in  them  ho  has  given  no  opinion  upon  the 
subject  10  which  the  gentleman  refers,  nor  can  I  conceive  that  it 
is  o(  the  slightest  impuriance.  As  a  soldier,  his  position  made  it 
improper  to  question  any  command  of  the  chief  magistrate,  and 
his  duty  was  obedience.  It  is  not  necessary,  in  this  connection, 
to  discuss  the  quosiion  whether  the  Mexican  war  was  just  and  ne- 
cessary or  not.  If  Mr.  Polk  were  running  as  the  candidate.  I 
might  have  something  lo  say  on  that  subject  ;  and  when  treating 
of  the  claims  of  General  Ca-^s,  who  appioved  by  his  speeches  and 
votes  in  this  chamber  every  act  and  paying  of  Mr.  Polk  on  wars, 
it  may  be  taken  up  with  propriety.  But,  so  far  as  General  Tay- 
lor is  concerned,  the  question  has  passed  away  with  the  war,  in 
which  he  did  his  whole  duty  !  If  he  announces  himself  distinctly 
opposed  to  acquisition  by  conquest  hereafter,  the  question  as  to 
the  justice  of  tiie  Mexican  war,  so  far  as  he  is  concerned,  ceases 
to  have  the  least  importance  with  men  of  any  party,  in  the  Presi- 
deniial  campaign. 

General  Taylor  has  done  more  to  terminate  the  war  than  any 
fifty  deinocrals  in  this  nation.  Even  the  Baltimore  convention,  in 
the'  midst  of  all  its  party  action,  has  not  hesitated  to  introduce  an 
acknowledgement  that  General  Taylor  and  his  gallant  army,  with 
the  other  American  armies,  have  done  everything  that  could  have 
been  done  for  the  honor  and  the  glory  of  the  country.  The  plat- 
form says,  that  they  'have  carried  the  arms  of  the  nation  into 
Mexico,  crowning  it  with  imperishable  glory  ;"  that  ''their  uncon- 
querable courage,  their  dating  enierprize,  their  unfaltering  perse- 
verance and  fortitude  when  assailed  on  all  sides  by  innumerable 
foes,  and  that  more  formidable  enemy,  the  diseases  of  the  climate, 
exiill  their  devoted  patriotism  into  the  highest  heroism,  and  give 
them  a  right  lo  the  profound  gratitude  of  their  country  and  the 
admiiation  of  the  world." 

General  Taylor  was  not  a  candidate  when  this  resolution  was 
adopted.  They  thought,  perhaps,  that  General  Tayh)r  would  not 
be  nominated  ;  bnt  tliey  did  justice  to  the  gallant  veteran.  And  I 
hope  ihat  at  this  moment  the  d.'inocraoy  of  the  Union  are  pre- 
parL'd  to  unite  with  the  honorable  gentleman  from  Mississippi  in 
euloTiums  upon  tlie  pulilic  and  private  virtues  of  General  Taylor. 

With  regard  lo  Genera'  Taylor's  opinion  on  the  Wilmot  provi- 
so, the  Senator  has  the  same  informaiion  that  I  have.  He  knows 
•what  mierpretatum  ought  lo  be  put  upon  ilie  Allison  letter,  and  I 
hope  General  Taylor  may  never  assume  the  attitude  of  a  sectional 
or  geographical  candidate.  Sulfer  me  to  say  for  myself,  that  al- 
thou"h  acting  in  the  spirit  of  the  request  of  the  Leuislature  of 
Delaware,  my  colleague  and  myself,  the  representatives  of  a  slave- 
boldin"-  State,  voted  for  the  extension  of  the  ordinance  of  1787 
over  the  territories  of  the  United  States  to  prevent  the  acquisition 
of  any  more  slave  territory,  yet  we  do  not  intend  ever  to  connect 
onrseives  with  any  geographical  party  upon  such  an  issue.  We 
abhor  such  an  issue  in  the  party  stru-.  gles  of  the  day,  as  leading 
.tP  the  most  fatal  consequences.    We  look  upon  the  introduction 


of  a  geographical  party  upon  such  a  principle,  as  tending  directly 
to  ihe  destruction  of  the  Union  of  these  States  ;  and  there  is  not 
one  Slate  within  this  confederacy  that  loves  the  Union  more  than 
the  smallest  in  population  among  them  all — whose  lofty  patriotism 
has  become  a  proverb,  and  who-e  proudest  boast  is,  that  she  was 
the  first  to  adopt  the  American  constitution,  and  will  be  the  last 
to  desert  it.  No,  sir.  The  men  of  Delaware  will  connect  them- 
selves with  no  such  geographical  movement.  M<isl  of  us  enter- 
tain the  opinion  that,  when  the  action  of  Congress  is  invoked, 
free  soil  should  remain  free,  and  that  slave  territory  ouchi  to  re- 
main such.  The  doctrine  prevailed  among  us  at  t!ie  time  of  the 
Missouri  co.npromise,  and  snll  prevails,  that  Congress  should 
leave  the  territory  as  they  found  it  We  desire  to  aliide  by  the 
compromises  of  the  constitution  ;  in  that  spirit  we  hold  that  sla- 
very should  be  protected,  where  it  exists  under  the  segis  of  the 
constitution,  but  ought  not  to  be  carried  by  us  where  it  never  ex- 
isted. But,  I  repeat,  I  am  not  prepared  to  call  that  a  political 
question,  and  I  deny  that  you  can  call  either  this  or  the  opposite 
doctrine  mere  whig  doctrine.  No  man  has  aright  to  say  that  the 
Wilmot  proviso  is  a  whig  principle,  or  lhat  its  opposite  is  a  whig 
principle.  We  repudiate  the  question  altogether  as  a  political 
question  ;  and  I  say  that,  whenever  the  members  of  the  great 
Taylor  republican  party,  which  I  hold  at  this  moment  to  be  ihe 
great  majority  of  the  country,  shall  descend  so  low  as  to  make  a 
geographical  party  out  of  this  Wilmot  proviso,  with  a  view  to 
President  making  or  getting  offices  and  power  in  the  country,  they 
will  lose  my  respect,  and  1  think  lhat  of  every  honest  man.  An 
attempt  is  now  being  made  to  force  this  upon  us  as  a  party  question 
by  the  extreme  pariizans  of  the  North  and  South.  But  neither 
theonesideor  theotlierof  ihequestion  forms  any  part  of  our  platform; 
and  I  hope  there  will  be  patriotism  enough  among  the  American 
people  to  keep  the  question  apart  from  party  politics  forever.  For 
myself,  I  am  free  to  say  that,  although  I  voted  in  obedience  to  the 
request  of  the  Slate  1  in  part  represent,  yet  so  dear  is  the  Union 
of  ttie.se  States  to  me  and  mine,  that  if  this  become  a  geographi- 
cal question,  I  shall  resort  to  the  remedy  adopted  by  ihe  men  of 
Delaware  in  another  crisis  and  in  other  days — I  shall  act  in  ihe 
spirit  of  the  men  who  made  the  constitution,  and  cr.mpromise  the 
question  if  I  can,  on  terms  equally  fair  and  honorable,  boUifurthe 
North  and  the  South. 

Mr.  FOOTE. — Do  I  understand  the  Senator  as  saying  that  he 
is  ntil  prepared  to  inform  us  whether  General  Taylor  would  veto 
the  Wilmot  proviso,  as  every  whig  print  in  New  England  has  said 
he  would  ? 

Mr.  CLAYTON.— The  letter  of  General  Taylor  speaks  for 
itself,  and  the  gentleman  from  Mi-isissippi  has  precisely  the  same 
means  thai  I  or  the  whigs  of  New  England  have  of  lorming  an 
opinion  upon  this  subjec.  If  General  Taylor  will  write  to  me 
and  tell  me  what  he  intends  lo  do,  I  will  be  able  to  inlorm  the 
gentleman.  But  for  rae  to  intrude  my  individual  opinions  on  iba 
Senator,  the  public,  or  this  august  body,  would  be  folly.  The  Se- 
nator will  please  now  in  his  lurn  take  the  siand,  and  inform  me 
what  General  Cass  will  do  with  respect  to  the  Wilmot  proviso. 

Mr.  FOOTE. — No   doubt  he    will  veto  it.     He  has  announced 

his  opinion  that   the  Wilmot    proviso  is  unconstitutional,  and  de-. 

clared  that  he  will  exercise  the   veto  power  in  all  eases  of  uncon- 
stitutional laws. 

Mr.  CLAYTON.— If  the  Senator  is  right,  then  General  Cass 
stands  before  the  country  as  a  sectional  candidate — the  head  of  a 
geo'Tra|ihical  party.  I  hope  General  Taylor  will  decline  lhat 
honor.  My  hope  is  lhat  he  will  never  lend  bis  great  name  to  ei- 
ther of  these  geographical  parties,  but  retain  the  power  to  settle 
the  question  without  taking  part  with  ciiher. 

To  judge  of  the  propriety  of  General  Taylor's  position,  let  us 
inquire  how  the  Baltimore  convention  met  this  quesiicni  They 
positively  refused  to  adopt  any  resolution  denouncing  the  Wilmot 
jirovisu.  Other  democrats,  besides  the  barnburners,  when  a  rcso- 
luiion  10  repudiate  the  principle  con'ained  in  it  was  offered,  threat- 
ened 10  dissolve  the  party;  the  resolution  was  stifled,  and  the  con- 
vention silent.  The  parly  expressed  no  opinion  cm  the  dangerous 
subject — ihey  dared  not  do  it.  The  plaiform  they  adopled  did 
not  recognize  this  geographical  question  as  a  party  question.  !ind 
this  is  in  precise  accordance  with  General  Taylor's  position.  The 
anti-proviso  platform  of  General  Cass  was  manufactured  by  him- 
self, and  lie  is  welcome  to  the  position  of  chief  of  one  of  those 
geographical  factions,  with  which  Washington  warned  every 
American  to  have  no  connexion. 

Among  the  proceedings  of  the  Baltimore  convention  I  observe 
that  Messrs.  Yancey,  ol  Alabama,  McGehec,  of  Florida,  and  Com- 
mander, of  South  Carolina,  reported  the  following  resolution  : 

Resolved,  That  the  iloctrine  of  non  inlerferenre  with  the  rishls  of  pror^tty  of 
any  portion  of  the  people  of  lliis  country,  be  it  in  the  Slwles  or  m  the  leinitorits.  by 
nny  others  tlian  the  nurlics  interested  in  Iliem,  ii>  lb-  true  lepublican  iloctnne  recog- 
nized by  tliis  body.'. 

Mr.  Yancey  desired  this  principle  to  be  incorporated  in  the  Bal- 
timore platform.  Now,  will  the  Senator  from  Mississippi  lell  rae 
whether  General  Cuss  concurred  iu  that  report  or  not  ? 

Mr.  FOOTE. — I  have  no  knowledge  on  the  subject.  I  have 
stated  what  must  be  evident  to  the  Senator,  that  General  Cass 
discussed  the  Wilmot  proviso  in  every  aspect  of  it.  in  the  plainest 
manner,  and  my  impression  is  that  his  views  will  be  sustained  by 
the  deraocraoy  in  every  part  of  the  country.     As  lo  Mr.  Yancey 


JtJLV    5.] 


THE  ADJOURNMENT  RESOLUTION. 


831 


I  have  nnt  particulaily  noticed  his  views,  but  think  that  his  course 
will  meet  the  general  reprobation  of  his  party. 

Mr.  CLAYTON. — General  Cass,  then,  repudiates  Mr.  Yan- 
cey's seniiments  ? 

Mr.  FOOTE.— I  do  not  know. 

Mr.  CLAYTON. — I  supposed  that  the  Konntor  thoroughly  un- 
de'siood  all  the  opinions  of  General  Cass.  The  honorable  gen- 
tleman has  travelled  with  the  candidate,  and  was  said  to  be  apart 
of  his  body  punrd. 

Mr.  FOOTE. — That  particular  point  was  not  started. 

Mr.  CLAYTON. — Then  here  is  another  subject  about  which 
General  Cass  has  no  platlorm.  Now  all  these  doubis,  and  amhi- 
ouities,  and  irreconcileable  inconsistencies  come  Irom  the  party 
which  daily  assads  General  Taylor,  because,  as  they  say,  "he  does 
not  spe;ik  out."  *'  He  lias  no  platform."  So  they  spoke  ol"  Gen- 
eral Hairison.  until  lie  beat  tliem  J46,()0()  votes.  They  called 
him  '*  General  Mum;"  and  now,  as  then,  the  eorapialnt  is  made 
that  those  who  nominated  the  whin  candidate  had  made  "no  plat- 
form "  Sir,  they  knew  that  Wasliinglon  had  no  platform,  and 
they  had  more  respect  for  General  Taylor  and  lor  the  inielligence 
of  the  people,  than  lo  put  their  candidate  in  a  straisht-iaeket,  or 
seek,  by  nianufaciurin!»  prolessions  of  political  faiih  ic.r  liim,  to  de- 
ceive the  voters  of  the  country.  They  intended  that  he  should  be 
free  and  unirammelled,  as  the  President  of  the  wbcde  peo[ile.  But 
who  is  there  amonj;  us  that  has  not  long  since  felt,  and,  publicly 
or  privately,  expressed  his  contempt  fur  these  '■  platforms  ?'' 
Look  hack  lo  your  democratic  platforms  ol  1844.  Then,  the  dem- 
ocratic convention  passed  a  resolution  to  re-annex  all  Orecon, 
avowing  that  the  title  to  it  was  "  clear  and  unquestionable  up  to 
54°  40'."  At  the  sound  of  the  party  bugle  the  partisan  ediiois  of 
the  democratic  press  throughout  the  country  shouted  "  clear  and 
unquestionable."  A  thousand  democratic  meetings  echoed  back 
the  sound.  "  Oregon  and  54°  40  "  were  painted  on  party  ban- 
ners and  party  waFls,  and  printed  on  parly  handbills.  Mr.  Polk's 
Inaugural  Address  also  declared  ilie  title  "clear  and  unquesiion- 
able."  His  message,  in  December,  1845,  repeated  the  same  lol- 
ly, and  threatened  war  to  the  knife,  and  the  knife  to  the  hilt, 
against  the  EnL'lish  claim  above  49°,  all  the  little,  and  nearly  all 
the  great  politicians  of  the  party,  standing  ready  to  make  light  on 
this  platform.  The  parly  leaders  afierwaids  occupied  the  atten- 
tion of  Congress  for  six  monlhs  with  this  Oregon  question,  dis-  , 
tnrliing  and  dislraelinu'  the  niilion,  embarrassing  trade  and  com- 
merce, iilarmins  the  business  men  with  the  apprehonsion  of  a  war 
with  the  most  |  owerful  nation  on  the  earth,  wilh  which  we  have 
more  commercial  relations  than  with  all  the  world  be.-ide.  The 
price  of  insurance  rose  so  high  at  one  time  that  no  shipping  mer- 
chant could  venture  on  any  distant  voyage.  General  Cass  stood 
in  the  front  of  the  whole  riot.  He  declared  war  to  be  inevitable. 
His  belligerent  propensities,  displayed  on  this  as  well  as  on  all 
other  subjects,  covered  the  whole  plaiform.  I  never  believed  that 
this  cry  fur  war  was  sii.oere  on  the  part  of  the  wire-workers  be- 
hind the  screen,  though  1  nev^r  doubted  that  the  worthy  General 
was  perfectly  sincere,  and  was  completely  duped  by  them.  I  ad- 
vised my   friends  here  to  voie   for  ilie  amicable  notice  to  England 

to  "  pay  oui  rope,"  and  test  iheir  siuceriiy  about  this  platlorm. 

The  result,  precisely  answered  my  expectations.  When  we  re- 
fused to  hold  th"m,  they  refused  to  fight,  and  the  result  was,  that 
the  whole  pretensions  to  filtyfour  foriy  were  abandoned  by  them- 
selves, and  they  fell  back  to  the  British  line  of  forty-nine,  upon 
which  a  settlement  could,  at  any  moment,  have  been  made  with- 
out a  word  of  all  this  unjust  anil  insolent  bravado.  The  platform 
was  abandoned:  those  who  had  adhered  lo  it  most  violently, 
amons  whom  was  General  Cass,  were  prostrated  in  the  dust. — 
The  chairman  of  the  Committee  on  Foreign  relations,  [Mr.  Al- 
len,] under  a  deep  sense  of  this  humiliation,  instantly  resigned, 
and  the  present  chairman,  [Mr.  Hannegan.]  declared  in  his 
place,  that  Mr.  Polk  had,  by  surrendering  the  platform  and  bis 
own  pleiiges  to  adhere  lo  it,  "  sunk  himself  so  low  that  the  hand 
of  resurrection  could  never  reach  him."  When  put  to  the  test, 
Mr.  Polk  treated  the  whole  platform  of  54°  40'  wilh  contempl, 
and  gave  up  the  whole  country  above  49°. 

Mr.  FOOTE — (in  his  seat.)— He  was  wise,  and  acted  by  the 
advice  of  the  Senate. 

Mr.  CLAYTON.— Oh,  yes!  he  was  wise.  The  folly  was  in 
having  a  platform  !  In  this  ease,  an  irresponsible  cabal,  called  a 
conveniion,  like  the  last  one  at  Baltimore,  many  of  the  members 
of  which  were  appointed  at  a  tavern  or  a  cross-road  meeting,  as- 
sembled and  assumed  the  duty  of  directing  and  controlling  the 
whole  legislation  of  Congress  on  quesiions  of  peace  and  war. — ■ 
Tbey  did  not  devote  ten  minutes  to  the  litle  of  Oregon,  which  they 
decided,  and  not  one  out  if  fifty  of  them  had  ever  read  or  known 
any  thing  about  it.  The  platform  thus  formed  deeply  endangered 
the  peace  of  fifly  millions  of  liuman  beings.  We  were  at  one  time, 
by  all  the  blundering  and  blustering  of  ibe  administration,  driven 
\viihin  an  inch  of  a  war  with  England. 

There  was  another  plaiform — that  made  by  the  famous  Kane 
letter.  In  that  precious  dncument,  your  President,  according  to 
the  construction  ol  some,  avowed  himself  to  be  in  favor  of  the  ta- 
riff, and  according  to  that  of  others,  opposed  to  it.  Unquestiona- 
bly the  mass  of  the  people  in  the  northern  States  believed  that  in 
that  letter  he  avowed  himself  to  be  a  friend  of  the  tariff.  It  is  as 
true  as  scripture,  that  in  the  State  of  Pennsylvania  and  other  States 


at  the  North,  the  flags  were  flyin"  with  the  inscription,  '•  Polk 
Dallas,  and  ihe  tarifl'  of  '42;"  and  when  we  assailed  those  who 
practised  these  impositions  on  ihe  people,  as  we  repeatedly  did, 
and  accused  them  of  duplicity,  the  reply  was,  on  all  occasions, 
"we  are  the  true  champions  of  the  tariff  of  '42,"  and  in  proof  of 
the  as.sertion  we  were  referred  to  the  democratic  vote  in  the  oth- 
er House,  without  which  the  bill  of  1842  could  not  have  passed, 
and  told  that,  therefore,  the  democrats  were  entitled  to  the  whole 
merit  of  the  measure.  Now,  again  the  politiciani  have  published 
one  life  of  General  Cass  to  suit  the  Norili,and  another  to  suit  tbo 
South,  in  regard  to  the  Wilniot  proviso.  Thus,  by  pjaiformsthey 
ever  palter  with  us  in  a  double  sense — "keep  the  word  of  promise 
to  the  ear,  but  break  it  to  the  hope" — at  one  lime  deluding  our  lio- 
nest  people  into  a  vote  for  Mr.  Polk,  which  he  never  could  have 
received  had  he  then  avowed  himself  to  be  what  he  has  since  pro- 
ved to  be,  ihe  champion  of  free  trade  ;  and  at  another,  represent- 
ing General  Cass  as  a  man  of  northern  principles  in  the  North, 
and  a  man  of  southern  principles  in  the  South. 

There  is  another  platform  :  It  is  that  of  an  honest  man,  who 
says  that  he  is  a  whig,  hut  that  if  elected  to  the  Presidency  he  will 
not  be  the  tool  of  a  party — that  he  will  be  the  President  of  ihe 
people — that  he  bus  no  enemies  to  punish,  no  friends  to  reward — 
that  while  he  will  do  his  duty  in  removing  corrupt,  inci'mpetent, 
or  unfaithful  men  from  office,  he  will  not  be  ihe  supporter  of  that 
infamous  system  of  proscription  which  distributes  the  public  offi- 
ces of  the  country  as  the  spoils  of  a  victory — that  he  will,  on  this 
and  all  other  subjects,  endeavor  to  restore  the  covcrnment  of  the 
country  to  the  principles  of  the  constitution.  His  plailurm  is  the 
constitution  ;  all  others  are  utterly  unworihy  of  respect.  The  pa- 
triotism of  mere  politicians  which  explodes  in  deceptive  party 
pledges,  i:-.  understood  to  be,  as  Dr.  Johnson  defines  it,  "  the  last 
refuge  of  a  scoundrel."  There  is  little  difficulty  in  finding  mot- 
toes and  illustrations  to  suit  the  title  page  of  the  whole  volume  of 
political  platforms.  In  the  action  of  some  of  the  Presidents  of  the 
United  Stales  we  can  find  enough  to  remind  us  of  the  old  saw — 

"  TliP  Devil  was  nicli.  the  Devil  a  monk  woulil  be — 
The  Devil  go:  well,  tke  Decit  a  monk  tecs  he .'" 

The  honorable  gentleman  also  attacks  General  Ta\*lor  on  the 
ground  that  he  lacks  qualifications.  In  jusiice,  however,  to  his 
own  noble  heart,  the  Senator  admits  that  General  Taylor  is  a  pure, 
honorable,  high  minded,  and  patriotic  man.  But  he  finds  fault 
with  General  Taylor  on  account  of  whai  he  supposes  to  evince  a 
want  ol  great  learning.  He  reasons  from  General  Taylor's  con- 
fession that  he  was  not  a  polilioian,  that  he  is  not  competent  for 
.  the  Presidency.  Tliat  is,  I  think,  his  chief  objection.  The  gen- 
tleman certainly  did  also  find  much  fault  wilh  one  or  two  of  Gen- 
eral Taylor's  let'crs.  I  shall  not  deny  that  his  letlers,  like  those 
of  other  great  military  commanders,  written  in  the  hurry  of  a 
camp,  and  on  a  barrel,  a  box,  or  a  drumhead,  have  rot  the  beauty 
of  finish  and  the  rotundity  of  period  which  the  gentleman  so  well 
knows  how  to  give  his  own  letters.  But  for  strong  sense  and  aj:- 
propriate  language  to  convey  it,  no  man  can  excel  those  letlers  of 
Taylor  in  which  he  found  it  important  to  attend  to  ihe  manner  as 
■well  as  the  mailer  of  his  composition.  On  every  court-martial  on 
which  he  has  served  for  the  last  twenty  years,  the  other  members 
of  the  court,  although  often  scholars  of  high  character,  have  gen- 
erally selected  Taylor  to  draw  up  the  sentence  of  the  cour:,  on 
:iecount  of  his  superior  qualifications.  We  laugh  at  the  story  that 
he  cannot  write  his  letters.  That  from  his  enemies  is  a  new  tri- 
bute to  their  excellence  !  General  Cass  is,  we  admit,  a  knowing 
and  a  learned  man  ;  but  General  Taylor  is  a  wise  man.  I  agree 
with  tho  poet,  that 

"  Knowleilce  and  wisiJom  far  from  bein?  one. 
Have  oft  times  no  connection.     Knowledge  dwells 
In  lieads  replele  with  itiouglils  of  other  nieii — 
Wisdom  in  minds  attentive  to  their  own." 

General  Gass  has  great  erudition,  and  has  written  books.  But 
in  the  great  essential  qualities  of  wisdom,  justice,  integrity,  hu- 
maniiy,  and  moral  as  well  physical  courage,  Taylor  approaches 
nearer  to  the  character  of  Washington  than  any  man  who  has  oc- 
cupied the  Presidential  chair  since  his  day.  And  with  regard  to 
the  champion  of  the  gentleman  fiom  Connecticut,  [Mr.  Niles.j 
who  has  indulged  himself  in  a  sly  fling  at  General  Taylor,  I  will 
give  my  opinion  with  equal  frankness.  Air.  Van  Buren  is  a  cun- 
ning man,  and  it  has  oficn  been  observed,  that  no  cunnins  roan 
was  ever  yet  a  wise  one.  Exception  is  taken  to  Taylor's  qual- 
ifications, because  he  has  been  compelled,  in  his  country's  service, 
to  pay  more  attention  to  the  cartridge  than  the  ballot-box  ;  and  in 
his  leiters  has  modestly  expressed  his  own  diflidenee  of  his  ability 
to  discharge  the  duties  of  Presiient  of  the  United  States.  Bullet 
me  call  the  aliention  of  the  Senate  to  what  Gen,  Washington  said 
of  himself  in  his  inaugural  address.     He  says  to  Congress  : 

"  The  magnitude  and  ditficnity  of  the  trust  to  witich  the  voice  of  my  counliy  called 
me,  bemj:  sulEcient  to  awiiken  in  the  wisest  and  most  exjierienceil  o*  her  citizeD.s  a 
distrustful  scrutiny  into  his  nuahticat-ons.  could  not  bat  overwhelm  with  desi'ond 
encv  one  who.  inheriting  interior  endowments  from  natore,  and  nnpractised  io  Ihe 
duties  of  civil  adniuiiatration,  ought  to  be  peculiarly  conscious  of  bis  own  defi- 
cieucies.'' 

Taylor  is  the  man  of  modern  times  who  has  rivalled  this  admi- 
rable modesty,  and  his  friends,  so  far  from  regarding  it  as  a  fault, 
view  it  as  one  of  the  brightest  among  the  features  which  adorn  his 
heroic  character.  If  Taylor  has  stultified  himself  by  that  confes- 
sion, to  which  the  honorable  Senator  has  referred,  the  wisest,  the 
purest,  and  the  greatest  of  all  American  Presidents,  had  taught 
him  by  his  example. 


832 


THE  ADJOURNMENT  RESOLUTION. 


fWEDNESDAY, 


Mr.  President,  a  paper  is  put  into  my  bands,  wliich  I  am  re- 
quested to  read  to  the  Senate.  In  1840,  General  H.irrison  was 
charged  by  our  opponcnis  with  the  high  crime  of  having  signed 
a  law,  about  fifty  years  ago,  wbile  Governor  of  the  northwest  ter- 
ritory, for  selling  poor  white  men  into  I  ondage.  That,  if  I  under- 
stood it  was  a  law  to  punish  crime.  It  is  a  fair  reprisal  on  an 
enemy  that  could  make  such  a  charge  to  refer  them  now  to  a  law 
signed  by  their  present  candidate  while  Governor  of  Michigan,  of 
so  late  a  date  as  the  27tb  of  July.  1818.  The  lasv,  which  the  Sen- 
ator from  Michigan  [Mr.  Felch]  will  acknowledge  to  be  an  au- 
thentic copy  from  the  territorial  statutes  of  Michigan,  is  in  the  fol- 
lowing words  : 

AN  ACT  for  *he  punisUmeiit  of  idli?  and  disorfteri?  persons. 
Sec.  1.  Be  It  enacted  btf  tfie  Gov  riwr  and  .hidses  of  tin:  Territory  of  Michi- 
gan, That  any  juslice  of  the  peace,  on  conviction,  may  sentence  any  vagrant,  lewd, 
idle,  or  disorderly  persons,  stnbhorn  servants,  common  drunkards,  common  nipht- 
wallters,  pilferers,  o'any  persons  wanton  or  licentious  in  speecli,  indecent  heliavior, 
common  jailers  or  brawlers,  sucii  as  neglect  their  calling  and  employment,  misspend 
what  they  earn,  and  do  noi  provide  for  themselves  or  families,  lo  be  whipped,  not  ex  , 
ceeding  ten  stripes,  or  to  be  delivered  over  to  any  constable,  to  be  employed  in  labor 
notexceelling  tllree  months,  by  such  constable  to  be  hired  ont  for  the  best  wages  tliat 
can  be  procured;  the  proceeds  of  which  to  be  applied  lo  the  use  of  tlie  poor  of  the 
coonty. 

Made,  adopted,   and  published  at  Detroit  the  27lh  day  of  July,  1818. 

LEWIS  CASS. 
Governor  of  the  Territory  of  Michigan. 
A.  B.  WOODWARD. 
Presiding  Judge  of  Ibe  Territory  of  Michigan. 
J.   WITHERALL,' 
JOHN  GRIFFIN, 
Judges  of  the  Territory  of  Michigan. 

This  act  was  passed  by  the  authority  originally  given  in  the  or- 
dinance of  1787.  It  provides  that  "  that  the  governor  and  judges 
shall  adopt  and  publish  in  the  district  such  laws  of  the  original 
Slates,  criminal  and  civil,  as  may  be  necessary  and  best  suited  to 
the  circumstances  of  the  district,  and  report  them  to  Congress, 
from  time  to  time."  In  the  year  1818,  Governor  Cass  adopted 
and  passed  this  act,  as  one  of  the  legislators  over  the  territory. 
Bv  it  a  "  common  night-walker,"  or  any  ^'  idle  person,"  or  any 
"  stubborn  servant,"  or  any  "  person  licentious  in  speech,"  or  any 
"  person  of  indecent  behavior,"  or  any  person  who  should  "  mis- 
spend what  he  hard  earned,  and  not  provide  for  himself  or  family," 
might,  at  the  discretion  of  a  justice  ol  the  peace,  be  whipped  ten 
lashed,  or  delivered  over  to  a  constable,  to  be  hired  out  fnr  the 
best  wages  that  could  be  procured  !  If  the  General  should  remain 
of  that  mind  hereafter,  what  a  prospect  of  whipping  and  hiring 
out  does  it  present  to  all  who  may  have  a  fancy  for  night-walking, 
for  all  idlers,  such  as  may,  in  the  judgment  of  a  justice  of  the 
peace,  be  "  stubborn  servants,"  or  "  licentious  in  speech,"  or  hap- 
pen rot  to  spend  their  money  as  the  justice  shall  approve  !  There 
is  nothing  in  iho  old  sedition  law,  or  in  the  blue  laws  of  any  of  the 
old  States,  to  exceed  this  precious  specimen  of  the  Governor's  le- 
gislation in  ISIS,  I  commend  it  to  the  especial  consideration  of  the 
modern  democracy  in  their  future  progress. 

Sir,  I  have  done.  Let  me  only  say,  m  conclusion,  that  I  hope 
that  my  friends  on  the  other  side  now  have  enough  of  platforms  ; 
and  that  in  fuiure  ail  genuine  republicans  may  rally  together  un- 
der the  standard  of  Taylor,  which  is  wide  enough  and  broad  enough 
to  protect  and  shelter  every  true  friend  of  his  country,  whether 
a  native  or  a  naturalized  citizen,  no  matter  what  may  have  been 
his  party  designation.  Let  all  such  men  stand  up  boldly  together 
in  the  battle  for  the  rights  of  man,  as  secured  to  us  by  the  great 
charter  of  American  freedom,  the  constitution  of  our  country,  and 
the  REPUBLICAN  PARTY  of  the  country  may  triumph  over 
all  opposition  from  the  .self-siyled  democracy,  to  the  end  of  time. 

Mr.  FOOTE. — Mr.  President  :  I  have  heard  it  said  that  it  is 
an  estatilished  rule  among  professed  rhetoricians,  both  ancient 
and  modern,  that  the  peroration  should  alv\'ays  be  the  most  bril- 
liant and  imposing  part  of  a  speech.  It  will  be  readily  acknow- 
Icdgi.'d  by  those  who  have  listened  to  the  honorable  Senator  from 
Delaware,  that  the  conclusion  of  that  very  magnificent  harangue 
■which  has  riveted  our  attention  for  the  last  two  hours  or  more,  is 
not  altogether  a  very  striking  exemplification  of  the  rule  alluded 
to.  After  discussing  v»ith  great  ability,  and  with  much  of  the 
'  pomp  and  circumstance  of  the  war  orat.u'ical,  many  of  the  loftiest 
and  most  enkindling  topics  which  can  claim  the  consideraiion  of 
enlightened  statesmen,  or  rouse  the  sensibiliiies  of  the  patriot,  he 
descends,  with  a  baihoiic  impetuosiiy  w'liich  has  no  parallel,  to 
the  examination  and  elaborate  discussion  of  one  of  the  most  petty 
and  trivial  topics  which  ever  found  its  way  into  a  grave  delibera- 
tive asscmblv;  and  thus  is  he  content  to  close  his  siicech  ! 

Well,  sir,  since  the  Senator  has  resolved  that  we  shall  look  into 
the  act  of  the  Territorial  Legislature  of  Michigan,  to  which  he 
says  the  sanciion  of  our  candidate  for  Presidential  honors  was  ac- 
tnally  given,  let  us  examine  it.     It  is  as  follows  : 

[The  honorable  Senator  read  the  act  as  given  above.] 

Sir,  this  law  is  almost  precisely  correspondent  with  statutes  to 
be  found  upon  the  statute-book  of  every  State  in  this  Union.  I 
am  informed  that  it  is  an  exact  copy  of  the  statulo  of  Vermont 
on  this  siibjcel;  and  I  know  that  there  arc  but  few  States  in  the 
Union  which  have  not  at  one  time  had  a  similar  one.  Whether 
General  Cass  introduced  the  bi'l  in  the  Territorial  Legislature, 
of  which  he  was  a  component  member,  (for  I  understantl  that  the 
whole  legislative  power  was  vested  in  the  Governor  and  three 
judges  of  the  Icrritorml  court;)  whether  he  sanctioned  it  when 
proposed  by  another;  or  whether  it  became  a  law  in  opposition  to 
his  judgment  and  wishes,  we  are  not  informed,  nor  do  I  deem  it 
at  all  material  to  ascertain.     For  my  part,  I  am  perfectly  willing 


that  all  such  miscreants  as  are  described  in  the  territorial  law  of 
Michigan  may  vote  against  us  in  the  coming  Presidential  contest 
— being  perfectly  convinced  that  there  will  be  a  sufficient  number 
of  honest,  industrious,  orderly  democratic  voters  to  secure  us  the 
most  signal  triumph  which  has  been  achieved  by  the  democratic 
party  since  the  overthrow  of  the  elder  Adams. 

And  now,  Mr.  President,  in  closing  this  debale,  I  have  only  to 
repeat,  what  I  have  so  often  reiterated,  that  the  leaders  of  the 
whig  parly  in  this  body  have  been  called  upon  to  defend  their  prin- 
ciples, and  they  have  ondertaken  to  do  so,  but  have  totally  failed 
even  to  make  a  single  distinct  issue  with  us.  They  have  been 
called  upon  to  explain  the  principles  of  Iheir  Presidential  candi- 
date, and  they  have  all  confessed  their  utter  inability  to  do  so. — 
They  have  been  requested  to  affix  some  definite  interpretation  to 
the  published  letters  of  General  Taylor,  and  th»y  have  confessed 
themselves  incompetent  to  the  task.  The  Senator  frum  Delaware 
says  that  General  Taylor's  political  creed  is  to  be  found  in  his  Al- 
lison letter.  I  have  asked  him  what  the  Allison  letter  means  upon 
.several  important  points,  and  he  acknowledges  that  he  is  unable 
to  inform  me.  Ihaveinviled  the  honorable  Senator's  all ention 
specially  to  his  own  letter  published  in  the  autumn  of  1846,  in 
■which  he  declares  that  all  the  old  par;y  issues  of  1844  are  to  be 
decided  by  the  Presidential  contest  of  1848.  I  have  enquired  of 
him  whether  he  adheres  to  what  he  then  published.  He  promised 
me  an  answer,  but  has  closed  his  speech  without  complying  with 
his  promise.  From  this  time  forward,  let  no  man  assert  that  the 
whigs,  as  a  party,  have  any  political  principles;  for  certain  it  is, 
that  if  they  have  principles,  they  are  such  as  they  are  ashamed  to 
avow,  and  dare  not  attempt  to  vindicate  by  argument. 

Mr.  FELCH. — I  desire  to  say  a  few  words  in  reference  to  the 

law  referred  to  in  this  debate.  Neither  the  Senator  from  Dela- 
ware nor  the  Senator  from  Mississippi,  appears  to  understand  the 
territorial  organization  in  Michigan  when  this  law  was  adopted. 

The  power  of  legislation  was  commitled  to  the  governor,  the 
presiding  judge,  and  two  associate  judges  of  the  territory.  These 
lour  individuals  acting  together,  possessed  the  only  legislative  au- 
thority which  was  exercised  within  ihe  limits  of  the  territory. 
They  acted  together  as  a  board,  each  having  his  vote  upon  the 
adoption  of  proposed  laws,  and  under  an  express  provision  that  a 
majority  should  govern.  General  Cass,  who  was  governor  of  the 
territory,  had  no  veto  over  the  action  of  the  other  members;  he 
was  on  an  equality  only  with  them  and  had  his  simple  vote.  He 
may  have  been  opposed  to  the  law  in  question,  and  have  given  his 
vole  against  its  adoption;  vet  by  the  votes  of  the  other  three  it 
would  become  a  law,  and  it  would  be  his  duty  to  certify  it  in  the 
proper  manner  to  aive  it  elfect.  From  the  evidence  here  present- 
ed, it  appears  to  have  been  adopled  by  a  majority  of  the  governor 
and  judges,  but  having  no  record  of  ihe  action  of  that  tribunal  upon 
it,  we  have  no  evidence  to  show  whether  General  Cass  was  in  fa- 
vor of  it,  or  against  it.  All  that  now  appears  is  perfectly  con- 
sistent with  Ihe  iruth,  even  il  General  Cass  strenuously  opposed 
and  voted  against  the  adoption  ol  the  law.  But  whether  it  met 
his  approval  or  his  opposition,  is  to  ray  mind  a  matter  of  little  im- 
portance. 

The  law-making  powers  of  the  governor  and  judges  were  pecu- 
liar. They  had  no  general  authority  of  legislating  for  the  terri- 
tory. Their  power  was  limited  lo  the  adopting  of  such  laws  of 
the  Stales,  criminal  and  civil,  as  might  be  necessary  and  best 
suited  to  the  circumstances  of  the  district.  They  eould  adopt  the 
laws  of  other  States,  but  could  originate  none.  Since  the  charge 
has  been  made  in  the  public  papers  against  General  Cass,  that  he 
approved  the  law  referred  to  by  ihe  Senator  from  Delaware,  a 
friend  of  mine  has  examined  the  original  in  the  ollice  of  the  Secre- 
tary of  State,  and  informed  me  that  it  is  ceriilied  upon  the  manu- 
script, that  the  same  is  adopied  from  the  laws  of  the  Slaie  of  Ver- 
mont. From  tills  information,  I  assert  with  confidence  that  such 
is  the  fact.  In  regard  in  the  character  of  the  laws  adopted  under 
the  organization  aiiovementioned  of  the  territories  of  the  northwest, 
two  things  deserve  consideration.  The  first  is  ihat  the  laws  were 
uniformly  adopted  from  ihe  statutes  of  the  oldest  and  most  enlight- 
ened States  in  the  Union;  from  those  in  which  the  subject  of  good 
government  were  most  perfectly  understood,  and  the  princi|>le  of 
morality  most  fully  established  Hence  the  State  of  Vermont,  a 
State  which  is  admitted  to  be  inferior  to  none  in  these  important 
respects,  is  one  from  which  such  laws  were  derived  and  transferred 
to  the  new  country  in  the  \\'est.  The  Senator  from  Florida  as- 
serts that  a  law  similar  to  that  under  consideraiion  existed  in 
Massachusetts.  And  the  statute  books  of  most  ol  the  old  thirteen 
States,  would,  I  believe,  if  examined,  show  similar  provisions  en- 
acted and  enforced  at  an  early  period.  It  is  also  to  be  remarked 
in  the  second  place,  that  the  laws  adopted  under  ihe  early  organ- 
ization in  the  difl'erent  territories  of  the  norihwest  are  similar  in 
their  character.  Many  of  them  are  identical  in  terms;  and  laws 
making  penal  the  olfences  described  in  the  enactment  under  con- 
sideration, and  inflicting  punishment  of  the  same  character,  will 
be  found  among  the  early  laws  of  most,  if  nut  all  the  territories, 
and  in  some  portions  of  the  west  they  were  long  continued  under 
the  Slate  organizations.  In  the  Slate  of  Indiana  a  law  similar  in 
its  provisions  to  that  under  consideration,  was  for  many  years  on 
the  statute  book  and  in  force.  This  law  at  Ihe  lime  of  iis  passage, 
received  the  official  approval  of  General  Harrison,  then  governor 
of  the  territory  of  Indiana,  and  since  President  of  the  United  States. 
That  law,  however,  was  more  severe  in  iis  pcnallies  than  the  law 
adopted  in  Michigan.  While  the  punishment  in  the  lailer  was 
limited  to  ten  stripes,  and  to  a  term  of  labor  not  exceeding  three 


July  5. J 


THE  ADJOURNMENt  RESOLUTION. 


833 


months,  the  Indiana  lawextenJed  the  penalty  to  Ibily  stripes  save 
one,  and  the  term  of  service  at  Iiard  labor  to  nine  months.  The 
law-makini;  power  of  Indiana  at  this  time  resided  in  a  council  and 
House  of  Representatives.  General  Harri.son,  as  ijovernor  of  the 
territory,  had  under  the  ordmancc  of  1787  an  absolute  veto  upon 
every  bdl.  Without  his  approval  no  law  could  he  valid:  to  the 
onactment  abovementioned.  he  gave  his  approval  m  writinj^.  Gen- 
eral Cass  as  governor  of  Michigan,  I  have  already  shown,  had  no 
such  controling  power  over  the  action  of  the  board  of  which  he 
was  a  member.  The  law  of  which  the  gen-leman  compluins,  was 
adopted  in  1818,  thirty  years  ago.  Sir,  do  not  all  know  that  with- 
m  that  space  of  time,  crimes  and  imnishraents  therefor  have  been 
the  subject  of  careful  investigation,  and  that  the  result  has  been  a 
tfreat  change  in  public  opinion,  and  the  laws  in  regard  to  them. 
Methods  of  punishment  approved  by  all  at  that  time  are  discarded 
now  Milder  penalties  and  less  ignominious  inflictions  are  adopt- 
ed by  common  consent.  On  this  subject  the  cft'orts  of  philanthro- 
pists have  ameliorated  the  punishments  of  offences,  and  caused  a 
system  of  criminal  laws  to  be  adopted  more  consonant  with  the 
feelings  of  humanity. 

To  this  advance  of  public  sentiment,  I  am  happy  to  know  that 
no  one  gives  a  more  hearty  approval  than  General  Cass.  His  wri- 
tincs  on  the  subject  of  legal  and  judicial  rel'orm,  which  mav  be 
read  by  all,  exhibit  his  deep  interest  in  the  matter.  His  efforts 
have  had  their  share  in  producing  the  result,  and  no  man  more 
than  he  rejoices  at  such  improvements. 

Mr.  JOHNSON,  of  Maryland,  inquired  of  the  Senator  from 
Michigan,  whether  the  law  of  1818  was  in  force  at  the  present 
time  in  that  State. 

Mr.  FELCH. — No,  sir.  It  was  repealed  long  ago.  The  ter- 
ritorial organization  under  the  governor  and  judges,  was  superse- 
ded  by  what  was  denominated  the  second  grade  of  territorial  gov- 
ernment. In  this  second  form  of  government,  the  people  were 
represented  by  a  legislative  council,  who  had,  with  the  governor, 
the  powbr  of  legislation.  When  this  form  of  government  wa«  or- 
ganized, the  territory  entered  on  a  new  course  of  legislation  and 
new  enactments  were  substituted  for  the  former  laws.  The  law 
in  question  was  thus  rescinded. 

Mr.  WESTCOTT  stated  that  the  law  referred  to  was  a  part  of 
the  laws  ol  Massachusetts  and  not  of  Veimont. 

Mr.  CLAYTON. — The  Senator  from  Mississippi  and  myself 
have  already  occupied  quite  as  much  time  on  this  subject  as  pro- 
perly belongs  to  us.  I  shall  be  perfectly  content  to  let  the  coun- 
try judge  between  us  on  the  questions  we  have  discussed.  The 
people  will  very  easily  decide  how  much  foundation  there  is  for 
the  Senator's  pretence,  that  I  have  not  been  sutfTcicntly  explicit; 
and  they  will  have  as  little  difficulty  in  deciding  whether  he  has 
been  able  to  answer  the  quesiion  addressed  to  him.  The  only 
thing  I  wish  now  to  say  is,  that  ihe  territorial  law  adopted  by 
General  Cass  in  July,  1818,  owes  its  authority  to  the  laws  of  Con- 
gress, which  will  be  found  in  Ist  vol.  laws,  page  ."il,  and  2d  vol. 
Taws,  page  308.  The  one  is  the  ordinance  of  '87;  the  other  the 
act  to  divide  the  Indian  territory  into  two  separate  governments. 

Mr.  JOHNSON,  of  Maryland. — I  concur  in  the  desire,  which 
evidently  prevads  in  the  Senate,  that  the  question  of  the  adjourn- 
ment should  be  decided  to-day  ;  and  rise  nowfor  the  purpose  only 
o[  doing  an  act  of  justice  to  a  distinguished  citizen  ol  North  Car- 
olina, [Gov.  Morehead]  whose  name  has  been  brought  before  the 
Senate  in  the  course  of  this  debate,  by  the  Senator  from  Missis- 
sippi [Mr.  Foots.]  In  his  inaugural  address,  on  beins  installed 
President  of  the  whig  convention  at  Philadelpliia,  that  citizen  was 
represented  by  the  Senator  from  Mississippi  as  having  adopted  the 
sentiment  that  '•  to  the  victors  belong  the  spoils."  I  was  not  a 
member  of  that  convention,  but  I  recollected  distinctly  ihe  report 
of  the  President's  opening  speech,  which  appeared  in  the  Phila- 
delphia "  North  American"  on  the  following  morning  ;  and  I  there- 
fore expressed  to  thr,  honorable  Senator  my  conviction  that  he  must 
have  been  misinformed,  and  that  the  distinguished  gentleman  who 
presided  over  tue  deliberalions  of  that  convention,  never  made  use 
of  the  language  which  had  been  attributed  to  him.  I  have  since 
ascertained  that  the  official  reporter  of  the  Senate  was  m  attend- 
ance  at  the  Philadelphia  convention,  and  made  notes  of  the  address 
of  the  President.  I  shall  now  read  the  report  of  what  Gov.  More- 
.  head  really  said  ;  from  which  it  will  be  seen  that  he  utterly  repu- 
diated the  degrading  and  detestable  sentiment  that  "to  the  victors 
,,  ,  belong  the  spoils."  I  beg  to  state  that  the  report  was  made  by 
the  official  reporter  of  the  Senate  himself,  and  no  one  who  knows 
Dr.  Houston  can  have  any  doubt  as  to  his  entire  accuracy  : 

"  All  we  have  1o  lio  is  to  select  a  stnuttard-bearer  who  will  sei.-ure  the  hearty  co-O])- 
eratiun  of  all  sections  of  our  conntry  la  the  common  cause  of  oor  country's  wellare. 
Let  us  have  inscn heel  upon  our  banner,  "the  prosperity  ol  ourcountry.  " 

•■  We  have  been  told  that  "totlie  victors  belong  the  spjils.*'  Ijet  us  (ieterniiiiethat 
we  will  be  virtors.  and  when  victorious,  if  spoils  we  must  have.  If  r  iheill  be  those 
which  will  secnrethe  redemption  of  oor  country  fiom  her  present  einbairassed  condi- 
tion, which  will  replenish  our  lean,  gaunt,  and  hungry  Treasury,  and  restore  our  coun- 
try to  that  tlourishing  and  happy  condition  from  which  she  has  fallen." 

Mr.  FOOTE. — When  this  speech  was  delivered  I  saw  the  re- 
port, from  which  I  quoted  to  the  Senate  the  other  day,  and  it  re- 
presented the  presiding  officer  as  delivering  the  sentiment  I  char- 
ged upon  him.  I  saw  the  same  report  in  other  papers.  But  un- 
der the  impression  produced  by  the  statement  of  our  reporter  I 
have  withdrawn  the  charge  ;  and  I  think  all  parties  must  be  very 
much  indebted  to  me  for  bringing  this  matter  under  revision. 

30th  Cong.— Ist  Sbssion— No.  105. 


The  VICE  PRESIDENT  then  stateti  the  question  to  be  upon 
the  motion  of  the  Senator  from  Indiana,  [Mr.  Bright,]  to  amend 
the  resolution  by  striking  out  the  "  17th  July,"  and  inserting  the 
•'31st  July." 

Mr.  DOWNS. — I  think  it  very  desirable  that  the  consideration 
of  this  subject  be  postponed  for  a  short  time.  I  understand  that 
the  treaty  has  been  received  and  will  he  communicated  to  the  Sen- 
ate shortly,  and  I  think  that  it  and  the  Oregon  territorial  hill  he- 
lore  us,  should  bo  settled  before  we  adjourn.  The  question  is  : 
Shall  we  be  able  to  perform  our  business  within  the  time  mentioned 
and  he  ready  to  adjourn  at  that  time  ?  We  have  highly  impor- 
tant business  before  us.  and  we  should  have  ample  time  to  perfect 
and  conclude  that  business.  In  order  that  we  may  have  a  few  days 
more  to  rellect  upon  the  subject,  and  to  proceed  with  the  impor- 
tant bill  before  us,  I  move  that  the  further  consideration  of  this 
question  lie  postponed  until  Monday  week. 

Mr.  BERRIEN. — Whatever  may  be  the  decision  of  the  Senate 
upon  this  resolution,  I  hope  the  motion  ol  the  Senator  from  Loui- 
siana will  not  prevail.  It  will  scarcely  be  courteous  to  the  House 
of  Representatives  who  have  sent  here  a  resolution  proposing  lo 
adjourn  on  the  17th  day  of  July,  that  we  should  postpone  a  con- 
sideration until  the  very  day  proposed.  We  shall  hold  them  bound 
by  their  action  up  to  the  morning  of  the  17th  to  do  as  we  shall 
see  fit,  while  we  in  the  mean  time  may  do  as  we  think  proper. — 
I  think  we  had  better  meet  the  question  now.  Let  us  have  the 
opinions  of  Senators  upon  the  diderent  days  proposed.  In  respect 
to  what  we  can  or  cannot  accomplish,  we  have  heard  that  sugges- 
tion made  before,  and  the  answer  has  been  that  we  will  accom- 
plish much  more  by  fixing  a  day  for  adjournment,  than  we  shall 
by  leaving  the  matter  undecided.  If  we  fix  a  day  1  believe  we 
shall  work  up  lo  it.  If  this  question  is  left  open,  we  shall  most 
probably  be  sitting  here  in  tlie  month  of  September. 

Mr.  BREESE. — As  this  is  the  day  agreed  upon  for  the  final  vote 
upon  the  Oregon  territorial  bill,  I  move  that  to-morrow  week  in- 
stead of  Monday  week  be  the  day  fixed  for  the  consideration  of  this 
quesiion. 

Mr.  DOWNS. — I  withdraw  my  motion,  and  accept  that  of  the 
Senator  from  Indiana  as  a  substitute. 

Mr  BERRIEN. — My  proposition  is  not  to  take  up  and  agree 
to  this  resolution, but  determine  whether  we  shall  agree  to  or  re- 
ject it,  in  order  not  to  keep  the  House  bound  by  that  resolution, 
while  we  remain  free  lo  pass  it  or  reject  it. 

Mr.  DOWNS — This  subject  is  a  very  important  one.  It  is 
known  that  when  the  time  is  once  fixed  fur  adjournment,  that  the 
proceedings  of  the  Senate  are  no  longer  in  the  control  of  a  major- 
ity of  the  body.  If  there  be  any  objections  to  certain  measures, 
it  will  be  in  the  power  of  a  minority  to  defeat  their  passage  by 
talking  against  time.  For  one,  I  will  not  place  Congress  in  this 
situation  at  the  present  time.  I  believe  it  is  vastly  important  to 
the  peace  and  quitetiide  of  the  country  that  this  question  of  the 
territorial  bill  should  be  settled,  and  that  Congress  ought  never  to 
adjourn  until  it  is  settled.  Already  wc  have  notice  of  a  sort  of 
northern  Congress  to  asseiublo  at  Bullulo  on  the  yth  of  Augusi, 
and  if  Congress  goes  awav  without  settling  this  great  question, 
my  word  for  it  it  will  not  be  long  before  we  will  have  a  southern 
as  well  as  a  northern  Congress.  It  is  in  the  jtower  of  Congress 
now  to  settle  this  measure,  and  I  trust  that  time  will  be  allowed 
them  to  have  it  settled. 

Mr.  LEWIS. — There  are  certain  questions  before  us,  which, 
if  not  settled  now,  I  do  not  think  ever  will  be.  I  therefore  move 
that  the  longest  period  proposed  be  the  day  fixed  lor  considering 
the  question  of  adjournment. 

Mr.  TURNEY. — I  am  0|iposed  to  fixing  any  day  for  adjourn- 
ment. I  think  this  quesiion  of  the  territorial  bill  must  be  settled 
at  the  present  session,  or  it  never  will  be  settled  We  are  told 
that  by  tLxing  a  day  %ve  can  work  up  to  it.  Sir,  though  1  have 
been  a  member  of  this  body  but  a  short  time,  I  have  witnessed  the 
defeat  of  a  highly  important  measure  by  speaking  against  time. 
The  three  million  bill  was  lost  in  this  chamber  by  it.  There  is  an 
important  and  deeply  agitating  quesiion  now  before  us,  superin- 
duced by  the  presentation  of  the  Oregon  territorial  bill.  Are  we 
desirous  of  placing  it  in  the  power  ol  those  who  are  desirous  of 
shuning  off  this  quesiion  lo  do  so  i  For  one,  sir,  I  am  not  willing 
to  place  the  time  of  adjournment  beyond  our  control,  until  the 
Oregon  territorial  bill  has  first  passed. 

Mr.  ALLEN.— I  am  of  opinion  that  all  we  can  do,  and  do  well, 
may  be  done  in  a  month.  I  shall,  therefore,  vote  against  the  pro- 
position, and  in  fator  of  fixing  the  last  day  of  this  month  as  th« 
day  for  adjournment. 

The  question  was  then  taken  upon  the  motion  of  Mr.  Downs, 
that  the  further  consideration  of  the  resolution  be  postponed  until 
Monday  week  :  and  it  was  delermmed  in  the  negative  as  follows: 

Vl-A."^. — Messrs  .\lJierlon,  Benton.  Uorland.  Butler,  ''alhoun.  C'lauon.  Davis  of 
Mississippi,  Dodge,  Downs,  Footc.  Hunter,  Johnson  of  tJa.,  Lewis,  .Mason,  Rusk, 
Sebastian.  Turney,  VVestcoH,  and  Yulec — 19. 

NAYS. — MessR.  Allen,  Alcliison,  Badger.  Eell.  Berrien,  IIradhur>-,  Brces«, 
Bright.  Cameron.  Clarke,  Curwin,  Davis,  of  .Mas*achusells,  Dayton.  Dickinson, 
Dii,  Fetch.  Fitzgerald,  Greene,  Hale.  Haiulin,  Johnson  of  Md..  Johnson,  pf  La., 
Manguin,  RIetcalt,  Miller,  Niles,  Pearce.  Phelps,  Spruance,  Slurgt.on,  L'uderwoo*!, 
and  i'pham — 3".;. 

MV.  BREESE  then  moved  that  the  further  consideration  of  the 
resolution  be  postponed  until  to-morrow  week  ;  and  npon  this 
question  the  yeas  and  nays  were  ordered,  and  it  was  determined 
in  the  negative  as  follows  : 


834 


THE  ADJOURNMENT  RESOLUTION. 


[Wednesday  , 


VJCAS, — Messrs.  Alhertoii,  Benton.  Borland,  Bree^p.  Butler.  CaUioun,  Claylrjn. 
Davis,  of  Mississippi.  Dodge,  Downs.  Foote.  Hunter,  Jol:iison.  of  Louisiana,  jolin. 
HOD.  of  Georgia,  Lewis,  Mason,  Rusk,  Sebastian,  Sturgvoii,  Turney,  Weslcott,  and 
,    yuiee-22. 

NAYS. — Messrs.  Allen,  Atchison,  Barlger,  Bell,  Berrien,  Bradbury.  Bright, 
Cameron,  Cor\vin.  Davis,  of  Massachusetts.  Dayton.  Dii^kinson,  Dix.  Felch.  Fitz- 
jjerald,  Greene.  Hale.  Hamliu,  Johnson,  of  Maryland,  Manguni,  Metcalf,  Milter, 
Niles,  Pearce,  Phelps.  Spruance,  Underwood  and  ITpham — *2-2. 

The  question  recurring  on  agreeing  to  the  amendment  propcsed 
by  Mr.  Bright — 

Mr.  DOWNS  moved  that  the  Senate  adjourn. 

The  motion  was  determined  in  the  negative. 

Mr.  BRIGHT. — My  reason  for  making  the  motion  for  adjourn- 
ment on  the  31st  of  July  was,  because  I  feel  .satisfied  that  by  time 
we  shall  be  ready  to  adjourn.  The  Senators  from  Louisiana  and 
Tennessee  would  make  it  appear  that  there  is  a  party  in  this  Sen- 
ate who  are  endeavoring  to  dodge  an  all-important  question — a 
question  which  they  further  assert,  if  left  unsettled  by  this  Con- 
gress, may  lead  to  the  dissolution  of  this  Union.  Sir,  I  am  well 
.satisfied  that  speech-making  in  Congress  cannot  separate  this 
Union.  I  desire  much  to  see  the  Oregon  territorial  bill  settled, 
and  I  think  that  by  fi.xing  the  31st  of  July,  we  may  put  an  end  to 
useless  debate,  and  conclude  all  our  business  by  that  period. 
For  one,  sir,  [  am  anxious  to  vote  upon  all  the  bills  before  us:  and 
if  we  vote  more,  and  speak  less,  we  can  soon  despatch  our  busi- 
ness. 

Mr,  RUSK. — Mr.  President,  I  desire  to  say  but  a  very  few 
words.  The  Senator  from  Indiana,  [Mr.  Bright,]  has  remarked 
that  if  we  vote  more  and  speak  less,  we  shall  be  able  to  get 
through  business  by  the  31st  July.  This  may  be  true,  sir.  But 
will  ihe  fi.\ing  that  day  for  adjournment  stop  the  speaking?  I 
doubt  it.  On  the  contrary,  sir,  I  believe  that  if  there  is  a  disposi- 
tion any  where  to  avoid  the  responsibility  ol  meeting  the  import- 
ant questions  presented  by  the  territorial  bills,  the  fixing  a  day 
for  adjournment  will  increase  the  talking.  Sir,  it  is  the  duty  of 
this  Congress  to  establish  governments  both  in  Oregon  and  Cali- 
fornia, and  furnish  ample  means  for  the  protection  of  the  citizens 
of  those  territories.  There  is,  at  this  moment,  an  Indian  war  go- 
ing on  in  Oregon,  and  while  we  are  engaged  in  the  laudable  busi- 
ness of  President  making,  your  citizens  in  Oregon,  without  regard 
to  age  or  sex,  are  being  butchered  by  savages.  To  the  hardv  en- 
terprize  of  these  people,  in  a  great  measure,  you  owe  your  pre- 
sent possession  of  that  country.  They  are  not  represented  here. 
They  have  been  described  in  this  hall,  as  intruders  upon  the  pulilic 
domain  ;  and  all  power  to  make  any  laws  for  their  government 
and  safety,  has  been  denied  them.  1  look  upon  them,  sir,  as  citi- 
zens, worthy  citizens  of  this  republic,  and  lully  entitled  to  have 
the  prelecting  arm  of  this  government  thrc nn  around  them.  It 
may  do  for  gentlemen  here,  who  are  in  no  danger,  to  theorize  and 
make  long  speeches,  intended  to  aflTect  tbe  question  of  the  next  or 
a  future  presidential  election.  But,  sir,  it  is  the  bounden  duty  of 
this  government,  to  aflbrd  prompt  and  speedv  protection  to  the  ci- 
tizens of  Oregon.  They  have  been  neglected  too  long  already. 
They  are  as  much  entitled  to  our  consideration,  as  the  citizens  of 
any  of  the  Slates  of  this  Union.  Fix  the  day  of  adjournment,  and 
you  deny  them  protection  in  all  probability,  for  the  next  four 
years. 

Thecitizensof  California  equally  demand  your  consideration,  as  a 
state  of  anarchy  and  confusion  will  prevail  there.  The  popula- 
tion of  that  country  are  of  discordant  materials.  They  are  discon- 
tented Mexicans  ;  disiippointed  Knglish  capiiaiists,  who  have  been 
baulked  in  their  schemes  of  securing  that  important  country. — 
They  are  surrounded  by  war-like  tribes  of  Indians,  who  have  been, 
and  will  be  again,  unless  prevented,  incited  to  acts  of  hostility. 
You  owe  it  to  them,  sir,  you  owe  it  to  your  own  character,  as 
well  as  interest,  to  make  prompt  and  efiicient  provision 
for  their  protection.  Fix  your  day  Tor  adjournment  now,  and  any 
bill  upon  that  subject  will  be  defeated.  More  than  that,  sir,  if  iliis 
question  is  not  now  settled,  I  fear  it  will  not  be  in  the  next  four 
years.  It  is  too  important  a  question  for  recicless  and  aspiring  jio- 
liticians  to  make  capaital  out  for  the  campaign  of  '52.  Now,  in 
my  opinion,  is  the  most  propitious  time  to  settle  it.  I  hope  it 
wdl  be  done  ;  but  1  confess,  sir,  I  have  my  doubts  whether  it  will 
be  settled.  It  is  in  my  humble  opinion,  a  question  vastly  more 
important  to  the  quiet,  not  to  say  safety  of  this  Union,  than  any 
contest  for  the  Presidency  can  be. 

Mr.  BUTLER. — I  ask  the  question  solemnly,  if  this  Congress 
.should  disperse  this  month,  and  return  in  December,  whether  it 
will  then  constitute  a  more  temperate  or  impartial  tribunal  for  the 
satisfactory  decision  ol  the  grave  issue  upon  which  we  have  to  pass 
at  some  time  or  other  than  it  is  at  present  f  Sir,  having  the  whole 
control  of  the  matter  in  our  hands,  now  cannot  we  dispose  of  it 
more  satisfactorily  than  at  any  other  lime  ?  If  wc  disperse  and 
go  away  without  settling  this  question,  ihc;  public  mind  will  be- 
come more  and  more  inllanied,  and  we  shall  meet  here  in  Decem- 
ber, nothing  more  nor  less  than  a  packed  jury  ;  for  one  section  of 
the  Union  will  be  arrayed  against  thu  other  section.  Sir,  it  is  our 
duty,  having  Ihe  control  of  this  matter,  to  take  the  responsibility 
of  deciding  this  question  lor  ourselves.  11  we  do  not,  gentlemen 
cannot  tell  the  consequence  that  may  result.  If  the  business  he- 
lore  us  can  all  be  disposed  of  by  ihe  31st  ol  July.  I  am  perfecily 
willing  to  adjourn  on  that  day.  But  if  we  are  to  go  intp  the  dis- 
cussion of  these  important  questions  before  us,  let  us  have  the 
longest  period  that  may  bo  convenient  tixed  for  the  day  of  adjourn- 
ment. 


Mr.  BELL. — I  voted  against  both  propositions  to  postpone  the 
further  consideration  of  the  resolution.  If  necessary,  I  shall  do  so 
again.  I  do  not  feel  the  alarm  or  apprehension  expressed  by  some 
ol  the  Senators,  in  relation  to  this  subject,  by  any  means.  Never- 
theless, there  are  considerations  connected  with  it  that  are  of 
great  weight.  I  understand  from  the  Senator  from  Louisiana  that 
the  treaty  will  soon  be  communicated  to  the  Senate,  which  will  of 
cour.se  bring  with  it  the  question  of  the  true  boundary  of  Texas  for 
settlement.  I  should  like,  for  one,  to  see  also  what  disposition  is 
to  be  made  in  relation  to  the  government  of  the  territory  of  Cali- 
fornia and  New  Mexico,  as  well  as  of  Oregon,  belore  I  aiil  in 
placing  the  tinii'  of  adjournment  beyond  our  control.  I  think  that 
we  might  fix  a  day,  and  then  lay  the  resolution  upon  the  table, 
thus  ha\'ing  it  in  our  power,  at  any  day.  to  call  it  up  and  pass  it 
if  we  find  the  business  before  us  rapidly  maturing.  I  move  to  lay 
the  resolution  on  the  table. 

The  question  being  taken  upon  the  motion  of  Mr.  Bell,  that 
the  resolution  lie  on  the  table,  it  was  determined  in  the  negative  as 
follows  : 

YEAS. — Messrs.  Atcliison.  Alherton,  Hell.  Benton.  Borland,  Butler.  Calhoun. 
Clayton,  Davis  of  Mississippi.  Dodj;e.  Downs,  Foote,  Hunter.  Johnson  of  Louisiana. 
Johnson,  of  Georgia,  Lewis,  Manguni,  Mason,  Metcalf,  Rusk,  Sebastian,  Sturgeon. 
Turney,  Westcott,  and  Yulee. — 25. 

NAYS. — Messrs.  Allen.  Badger.  Berrien.  Bradbury,  Breese,  Bright,  Cameron, 
Clarke,  Corwin.  Davis,  of  Massachusetts.  Dayton,  Dickinson,  Dix,  Felch,  Fitzgerald. 
Greene.  Hale.  Haralin,  Johnson,  of  Maryland,  Miller,  Niles,  Pearce,  Phelps,  Sptu 
anee.  LTnderwood.  and  Vpham. — 26. 

Mr.  ATHERTON. — The  disposition  of  this  subject  which  seems 
to  me  most  proper  would  be,  to  adopt  the  amendment  to  the 
amendment  which  fixes  the  3Ist  day  of  July  as  the  day  of  adjourn- 
ment, and  then  it  could  afterwards  be  altered  as  the  necessity  of 
the  case  itiight  require.  Thus  we  would  indicate  to  the  House 
our  disposifon  to  adjourn  by  that  time  and  then  the  resolution 
might  be  laid  on  the  table.  It  seems  to  me  that  the  time  has  not 
yet  come  when  the  Senate  ought  to  give  up  the  control  over  this 
subject,  and  that  we  are  not  prepared  to  say  now  whether  wccan 
possibly  get  through  our  business  by  that  time.  Still,  by  the  adop- 
tion of  an  amendment  we  shall  evince  a  disposition  to  adjourn  hy 
that  time  ;  and  then,  by  laying  the  resolution  on  the  table,  we  may 
accommodate  ourselves. 

Mr.  BRADBURY.— The  Senate  will  recollect  that  the  other 
day  when  this  subject  was  under  consideration,  by  almost  general 
consent,  the  31st  of  July  seemetl  to  be  regarded  as  the  proper 
time  for  adjournment.  Sir,  how  can  we  expect  lo  get  on  with  our 
business  unless  we  do  designate  a  day.  Then  it  was  apparent 
that  the  business  might  be  all  accomplished  by  the  31stof  July- 
By  leaving  the  question  open,  we  have  gone  on  to  other  subjects. 
The  surest  way  is  to  designate  the  day,  and  then  we  .shall  be  likely 
to  have  our  debates  confined  to  the  subjects  under  consideration. 
We  are  most  likely  to  secure  action  npon  the  subjects  liclore  us  by 
fixing  a  day,  add,  for  one,  I  think  that  by  the  31st  of  JiUy.vfe  can 
accomplish  all  that  is  necessary  to  be  desired. 

Mr.  JOHNSON,  of  Georgia. — I  have  no  disposition  at  this  late 
hour  of  the  day,  to  trespass  upon  the  time  of  the  Senate,  but  ne- 
vertheless I  leel  It  my  duty  to  present  vei)-  briefly  the  reasons  for 
the  vote  I  am  about  to  give.  I  am  sorry  to  dider  with  ray  col- 
league as  to  the  propriety  of  fixing  at  this  time  a  day  for  the  ad- 
journment of  Congress,  as  the  intere>ts  we  represent  arc  identi- 
cal. Sir,  the  question  involved  in  the  twelfth  section  of  the  bill 
for  the  organization  of  a  territorial  government  in  Oregon,  is  the 
great  question  of  the  session,  and  should  lie  settled  before  we 
think  of  adjournment.  It  is  an  agitating  question.  The  region 
of  countrj'  front  which  I  come  is  deeply  excited  ;  and  indeed  I 
may  say  the  whole  country  is  deeply  excited.  The  eyes  of  the 
people  North  and  South  are  turned  vi-ith  intense  anxiety  to  the  ac- 
tion of  Congress  upon  the  subject  of  slavery  in  the  territories  of 
the  United  States.  It  is  due  to  them — they  have  a  right  to  ex- 
pect and  demand  at  the  hands  of  their  representatives  that  this 
agitating  question  should  be  put  to  rest — removed  from  the  arena 
of  politics.  It  I  could  have  the  assurance  that  it  is  Ihe  ti.xed  de- 
termination of  Congress  before  its  adjournment  to  decide  these 
questions  growing  out  of  the  territorial  bills,  I  would  vote  for  the 
earliest  adjournment.  But  in  opposition  to  the  statements  of  ex- 
perienced Senators,  1  must  beg  leave  to  entertain^  the  opinion  that 
it  is  unsafe  and  unwise  to  fix  a  day  of  adjournment  until  we  have 
made  such  progress  as  will  ensure  definite  action.  The  question 
of  lestricting  slavery  in  the  territories  is  one  of  such  magnitude 
that  it  must  and  will  lead  to  protracted  debate.  It  is  not  wrong 
that  it  should — it  ought  to  be  thoroughly  discused,  to  the  end  that 
the  opinions  of  the  various  sections  of  our  country  may  be  fairly 
understood — that  those  who  represent  the  various  shades  of  opin- 
ion may  commune  freely  and  candidly  with  each  otlier.  Fix  a  day 
ol  adjournment  now,  and  you  jeopard  every  thing  ;  you  ,  place  it 
in  the  power  of  those  disposed  to  evade  these  absorbing  issues,  (if 
any  there  be,)  at  the  last  expiring  moments  of  the  session  to  de- 
liiat  the  bill  by  speaking  against  lime.  Is  it  right  lo  do  this  thing  ? 
Is  it  not  tlic  piu'i  of  wisdom  and  prudence,  to  hold  this  subject  of 
adjournment  under  our  control,  so  that  we  may  be  certain  ol  trans- 
acting the  business  entrusted  to  us  ?  If  this  question  of  slavery 
in  the  territories  he  left  open,  the  country  continues  agitated — the 
public  mind  is  kept  in  the  most  painful  suspense.  Sir,  1  am  dis- 
posed to  relieve  the  country  Irom  this  state  of  agitation,  which  is 
calculated  to  sever  the  ties  of  Iraternily  which  bind  together  the 
diUcrent  sections  of  the  confederacy,  and  weaken  the  bonds  of  this 
Union.  Take  this  question  Irom  the  aienn  of  politics  and  yo  , 
save  us  from  the  evils  consequent   upon  its  continuing  to  be  use 


cm:  .t,A~v 


July  5.] 


THE  ADJOURNMENT  RESOi. 


835 


as  capital  in  the  scramble  for  party  power.     Is  not  this  an  object 
worthy  of  serious  consideration  ? 

Can  it  be  possible  that  it  is  the  consideration  of  a  few  dollars 
and  cents  which  will  be  drawn  from  the  Treasury,  by  protracting 
the  session  for  a  few  days,  which  is  produeinc  upon  the  minds  of 
Senators  such  haste  for  an  adjournment  ?  No,  sir,  it  cannot  be. 
Dollars  and  cents  sink  into  utter  insiffniticance,  when  compared 
with  the  momentous  question  now  before  the  Senate. 

Can  it  be  expected  that  the  business  before  Congress  can  be 
well  done  by  the  31st  of  this  month  ?  Look  at  your  calendar  and 
see  the  accumulated  matter  yet  to  be  disposed  of.  Remember 
that  very  little  progress  has  yet  been  made  m  the  appropriation 
bills,  absolutely  necessary  for  the  administration  of  the  <;overn- 
ment.  The  general  appropriation  bill  has  not  yet  passed  the  other 
house.  In  a  day  or  two  we  shall  receive  a  messatfe  from  the 
President,  communicating  the  raiifioation  of  the  treaty  with  Mex- 
ico and  recommending  legislation  of  a  mo.st  important  character. 
The  territories  of  New  Mexico  and  Calilornia  are  to  be  legislated 
for — legislation  in  reference  to  the  reduction  of  the  army  must  be 
had.  Can  all  this,  wliieh  requires  deliberation,  wisdom  and  pru- 
dence be  done,  within  ihe  time  designated  ?  Sir,  these  are  weigh- 
ty considerations  in  my  humble  judgment,  and  admonish  us  not  to 
be  hasty  in  deciding  upon  a  day  of  adjournment.  No  Senator  can 
1)6  more  anxious  lo  relurn  homo,  lo  his  private  affairs  than  I  am  ; 
but  impressed  with  the  views  wliich  I  have  expressed,!  cannot  re- 
sist the  conviction  that  it  is  my  duty  to  oppose  an  adjournment 
until  these  weighty  matters  are  disposed  of. 

Sir,  1  will  present  i.ne  other  view  upon  this  subject.  The  dem- 
ocratic party  are  in  the  majority  in  this  body.  If  we  adjourn  with- 
out distiosing  of  the  question  of  slavery  in  the  territories,  a  disap- 
pointed country  will  hold  that  party  responsible — responsible  for 
all  the  excitement  and  agitation  which  will  distract  the  public 
mind,  1  do  not  make  this  remark  for  the  purpose  of  imparting  a 
partisan  ehaiacter  to  this  debate,  AH  I  desire  to  do  is  to  remind 
this  side  of  the  cliamber  of  the  deep  responsibility  which  rests  upon 
them.  On  the  other  side  of  this  chamber  we  see  a  unanimous  vote 
for  the  adjournment  on  the  31st  of  this  month.  Why  is  this  ?  I 
charge  partizan  motives  to  nobodyi  but  I  do  say  this,  that  on  that 
side  "there  is  too  much  sagacity  for  them  not  to  see  that  ihcy  have 
nothing  to  lose  as  a  party,  by  the  failure  to  adjust  this  question  of 
slavery.  Let  there  be  such  a  failure,  and  it  will  be  charged  upon 
this  side  that  we  feared  to  meet  this  question,  and  that  in  certain 
quarters  there  were  those  who  dreaded  action  upon  it.  Disavow- 
in"  any  intention  to  enter  into  partizan  discussion,  I  throvv  out 
these  hints  to  remind  Senators  on  this  side,  of  their  responsibility. 
We  have  the  power  to  settle  these  delicate  questions:  if  we  do  not 
do  it,  we  subieet  ourselves  to  blame.  Then  let  us  resolve  to  meet 
them,  and  m'eet  them  boldly;  and  for  this  purpose  to  entertain  no 
idea  of  adjournment  until  the  work  is  done,  and  well  done. 

The  question  recurring  on  the  motion  by  Mr.  DOWNS  to  amend 
the  amendment  by  substituting  the  "  14th  August"  for  the  "  31st 
July"— 

Mr,  LEWIS  moved  that  the  resolution  lie  on  the  table  ;  and, 
the  yeas  and  nays  being  ordered,  it  was  determined  in  the  nega- 
tive, as  follows  ; 

YEAS— Messrs.  Atherton,  Bell,  Benlon.  Borland,  Bntler,  Calhonn,  Clayton,  Da- 
vis, of  Mississi|i|ii,  Dodge,  Downs,  Foote.  Hunter,  Johnson,  of  Louisiana,  Johnson, 
of  Georjiia.  Lewis,  Mangum.  Metcalfe.  Rusk,  Sebastian,  Sturgeon,  Tnniey,  Wesl- 
cott    Yiilee — 24. 

NAVS— Messrs.  Allen,  Badger.  Berrien,  Bradburv,  Breese,  Bright,  Clarke,  Cor- 
win  Davis,  of  .\Iassaclinsetls.  Davton,  Diekinson,  Di.\,  Felch,  Fitzgerald,  Greene, 
Hale,  Hamlin,  Johnson,  of  .Maryland,  Miller,  Nilcs,  Pearce,  Phelps,  Spruauce,  Un- 
derwood, Upham — 2d. 

Mr,  RUSK  moved  that  the  Senate  adjourn  ;  and,  the  yeas  and 
nays  being  ordered,  it  was  determined  in  the  negative,  as  fol- 
lows : 

VEAS-Mcssrs.  Atherton,  Benion,  Borland,  Butler.  Calhoun,  Dodge,  Downs, 
Foote,  Hunter,  Johnson  of  Louisiana,  Johiisou,  of  Georgia,  Lewis,  Jlaugum,  .Mason, 
Malcalie,  Rusk,  Sebastian,  Sturgeon,  Turnev.Westcott,  Yulee-.l 

N  \YS— Messrs.  Allen.  Badger,  Bell.  Berrien.  Bradbury,  Bright,  Clarke.  Cor^vm, 
Davi»  of  Massachusetts,  Davis,  of  Mississippi,  Dayton,  Dickinson,  D«,  Felch,  Fitz- 
gerald, Greene,  Hale,  Hanihn,  Johnsoa,  ')f  Maryland,  Niles,  Pearce,  Phelps,  Sprn- 
ance.  Underwood,  Uphara — 26. 

The  question  was  then  taken  upon  the  motion  of  Mr.  DOWNS 
to  amend  the  amendment,  by  substituting  the  •'  14th  .nugust"  for 
the  '•  31st  July;''  and  it  was  determined  in  the  negative,  as  follows  : 


YEAS. — Me-^ts.  Athcnoa,  Benlon,  Borland,  BnUei,  Calhono,  Dickinson, 
Downs,  Foote,  Hunter,  Johuson.of  Loniiiana,  Johnson,  of  Georgia,  Lewis,  Rusk, 
Sebastian. — 14.  „,    .       ^ 

;< AYS. —Messrs.  Al! -n.  Badger,  Berrien,  Bradbnri,  Breese,  Bnght,  Clarke,  Cor 
win,  Davis,  of  Massachuseiw,  Davis,  of  Miuissippi,  Dix.  Doilge,  Felch,  F;l7-"eiald, 
(Jreenc,  Hale,  Hamlin,  Johnson,  of  Maryland,  .Mangom'  Mason,  Metcalf,  MiHer. 
Nile*,  Pearce,  Pnelps,  Sjiruance,  Stnrgcon,  Turiiey,  Underwood,  Upham,  Yalee, 
—33,' 

The  question  recurring  upon  agreeing  to  the  amendment  pro- 
posed by  Mr,  BRIGHT— 

Mr,  DAVIS,  of  Mississippi. — I  wish  to  explain  my  vote  upon 
this  question.  If  ve  fix  a  day,  as  is  proposed,  those  who  are  un- 
willing lo  meet  the  great  iiucslion  before  us  would  have  an  in- 
diicem"ent  and  an  opportunity  offered  for  idle  and  protracted  dis- 
cussion, in  order  to  have  the  bill  delayed,  so  as  not  to  vote  upon  it 
finally  at  this  session.  I  am  desirous  of  an  early  adjoarnment ,  ami 
am  convinced  that  all  legislation,  not  absolutely  necessary,  may 
be  adjourned  to  thr  next  session  of  Congress,  The  question  in- 
volved in  this  territorial  bill,  however,  should  be  settled  at  thi.-. 
session,     I  shall  vote  against  fixing  any  day, 

Mr.  ALLEN. — I  am  quite  willing  and  ready  to  vote  at  a  mo- 
ment's warning  upi.n  any  question  that  is  yet  to  come  before  us 
for  final  decision  thi.s  session.  I  can  do  so  without  offering  one 
word  of  argument;  and  if  this  question  be  not  acted  upon,  it  shall 
not  bo  because  of  argument  or  speech  from  me. 

The  question  was  then  taken  upon  agreeing  to  the  amendment 
of  Mr.  BRIGHT,  to  strike  out  "^tho  17th  day  of  July"  and  insert 
■'the  3Ist  day  of  July,"  and  it  was  determined  in  the  affirmative, 
as  follows  : 

VEAS— Messrs.  .\llen.  Atherton,  Badger,  Bull,  Berm-n,  Bradbury,  Breevs,  Bright, 
Clarke,  Corwin,  Davis,  of  Mass-achnsetls,  Dayton.  Dickiil-on.  Dil.  felch  Fitzgerald, 
Greene,  Hide,  Hamlin.  .lobnson,  of  Maryland,  Mangum,  Moftalfe,  Miller,  Nilej, 
Pearce,  Phelps,  Spruauce,  Sturgeon,  I'nderwood,  Upham— 30.  . 

NAYS— Messrs.  Benton,  Borland,  Butler,  Calhoun.  Davis,  of  Mississippi,  Dodge. 
Downs,  Foote,  Hunter,  Johnson,  of  Louisiana,  Johnson,  of  Georgia.  Lewis,  Mason. 
Rusk,  Sebastian,  Turney,  Westcott,  Y'ulee — IS. 

Mr.  BRIGHT  then  moved  that  the  resolution  lie  upon  the 
table.  He  remarked  that  the  Senate  had  done  now  all  that  he 
thought  was  necessary  at  the  present  time  in  regard  to  the  reso- 
lution. They  had,  by  fixing  upon  a  day  evidenced  to  the  coun- 
try that  they  were  willing  to  adjourn  at  the  earliest  moment 
co'nsistent  with  the  public  interests.  They  could  now  proceed  with 
the  important  business  before  them,  and  as  soon  as  it  approxima- 
ted 10  completion,  they  could  call  up  the  resolution,  and  finally 
dispose  of  it, 

Mr,  DICKINSON  made  a  few  remarks  of  a  similar  tenor, 
when — 

Mr,  BRIGHT  renewed  his  motion  that  the  resolution  lie  on  the 
table  ;  and,  the  yeas  and  nays  being  ordered,  it  was  determined  in 
the  affirmative,  as  follows  : 

YEAS— Messrs.  Atherton.  Bell,  Benlon,  Borland,  Breese,  Bright,  Bntler,  Cal- 
honn, Davis,  of  Mississippi,  Dickinson,  Dodge,  Downs,  Fitzgerald.  Foote,  Hunter. 
Johnson,  of  Louisiana,  Johnson,  of  Georgia,  Lewis,  Mangnm,  Mason,  Rusk,  Sebas- 
tian, Sturgeon,  Turney,  Westcott,  Yulee — 26, 

NAYS— Messrs.  Allen.  Badger,  Berrien,  Bradbury,  Cla-ke,  Corwin.  Davis,  of  Mas- 
sachusetts. Dayton,  Dix,  Felch,  Greene,  lialo,  Hamlin,  Johnson,  of  Maryland,  .Met- 
calfe, Miller,  Niles,  Pearce,  Phelps,  Spruancc,  Underwood,  Upham- 22. 

So  it  was 

Ordered,  That  the  resolution  lie  on  the  table, 

WABASH    AND    ERIE    CANAI.    LANDS. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  in  addition  to  an  act  therein  mentioned,  re- 
ported the  same  without  amendment. 

The  Senate  proceeded  to  consider  the  said  bill,  as  in  Committee 
of  the  Whole  ;  and,  [a  similar  bill  from  the  House  having  been 
passed,] 

On  motion  by  Mr.  BREESE,  it  was 
Ordered,  That  it  lie  on  the  table. 

On  motion, 
The  Senate  adjourned. 


836 


I  ETITTONS— RESOLUTIONS,  ETC. 


I  Thursday, 


THURSDAY,  JULY  6,  1848. 


PETITIONS. 

Mr.  DIX  presented  a  petition  ol'  citizens  of  Guildeiland,  New 
York,  praying  that  the  franking  privilege  may  be  abolished,  and 
the  rales  of  postage  reduced  ;  which  was  referred  to  the  Commit- 
tee on  the  Post  Office  and  Post  Koads. 

Mr.  SEBASTIAN  presented  the  petition  of  Joseph  P.  Wil- 
liams, prayin<j  the  confirmation  of  liis  title  to  a_  tract  of  land  ; 
which  was  referred  to  the  Committee  on  Private  Land  Claims. 

Mr.  HAMLIN  presented  a  petition  of  citizens  of  Harrison, 
Maine,  praying  that  the  franking  privilege  may  be  abolished,  and 
the  rates  of  postage  rediiceil  ;  which  was  referred  to  the  Commit- 
tee on  the  Post  Office  ard  Post  Roads. 

Mr.  WESTCOTT  presented  a  memorial  of  citizens  of  Florida, 
(iravmg  the  adoption  ol  measures  for  extending  to  the  inhabitants 
of  thal"State,  residing  on  the  gulf  coast,  additional  mail  facilities  ; 
which  was  referred  to  the  Committee  on  the  Post  Office  and  Post 
Roads. 

Mr.  BUTLER  presented  a  petition  of  citizens  of  Sumpter  dis- 
trict ,  South  Carolina,  praying  the  establishment  of  a  post  route 
frnni  Clarendon  depot,  to  Vanee's  ferry  Post  Office,  in  that  State; 
which  was  referred  to  the  Committee  on  the  Post  Office  and  Post 
Roads. 

THE    PRIVATE    CALENDAR. 

Mr.  DOWNS  submitted  the  following  resolution  for  considera- 
tion : 

llrsolved,  That  after  the  present  week  until  the  fnrllier  order  of  the  Senate,  Fri" 
.lay  anJ  Saturday  of  each  week,  be  set  apart  after  twelve  o'clock,  for  the  considera- 
tion of  private  bills  of  Ihe  Senate  first,  and  then  those  from  the  House,  and  that, 
^vh^n  so  considering  Senate  bills,  anv  one  -ivinj:  rise  to  debate  beyond  a  brief  expla- 
nation, shall  be  passed  over  until  their  other  |Hva;e  hdls  shall  have  been  disposed  ol 

COLLECTION    DISTRICT. 

Mr.  DIX  from  the  Committee  on  Commerce,  to  whom  w-as  re- 
ferred the  bill  from  the  House  of  Representatives,  to  establish  the 
collection  district  of  Brunswick,  in  the  State  of  Georgia,  reported 
it  without  amendment. 

The  Senate  proceeded  to  consider  the  said  bill  as  in  Committee 
of  the  Whole  :  and  no  amendment  being  made  it  was  reported  to 
the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

lirsolved,  That  this  bill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tiv6.s  accordingly. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  Presiflent ;  The  House  of  Representatives  have  passed  the  bill  from  the  Senate 
ainending  the  act  entitleil  "an  act  grantins  half  pay  to  widows  and  orphans,  where 
Iheir  hasbandsand  fathers  have  died  of  wounds  received  in  the  mditary  service  of  tho 
Umlid  :^l:i1es,  in  cases  of  deceased  otBcersand  soldiers  of  the  militia  and  voIunteeK'' 
passed  July  '.Ih  1836,  with  amendments  ;  in  which  tliey  re<|nest  the  eoncnrience  ol  the 
Senate. 

'J'. ley  have  passed  a  resolution  to  change  the  location  of  a  light  house  on  Lake  Sii- 
[lerior  in  the  State  of  Michigan,  in  which  they  rer|nest  the  concurrence  of  the  Senate. 

The  President  of  the  tinited  States  approved  and  signed  the  Till  instant,  a  resolu- 
tion reliitivR  to  evidence  in  applications  for  pensions,  anil  an  act  for  the  relief  of  Jona- 
than Kiliwater. 

BATTLE    OF    BENNINGTON. 

The  joint  resolution  from  the  House  of  Representatives,  dis- 
posing of  two  brass  field  pieces  captured  at  the  battle  of  Ben- 
nington in  1777,  was  read  the  first  and  second  times  by  unani- 
mous consent,  and,  on  motion  by  Mr.  PHELPS,  was  considered 
as  in  Committee  oi'  the  Whole  ;  and  no  amendment  being  made, 
it  was  reported  to  the  Senate. 

Ordered,  That  it  ptiss  to  a  third  reading. 

The  said   resolution  was  read  a  third   time,  by  unanimous  con- 
sent. 
Hcsftlved,  That  this  resolution  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

LIGHT    HOUSE    ON    LAKE    SUPERIOR. 

The  joint  resolution  from  the  House  of  Representatives  to 
change  the  location  of  a  light  housu  on  Lake  Superior,  in  the 
State  of  Michigan,  was  retid  the  first  and  second  times  by  unani- 
mous consent,  and,  on  motion  by  Mr.  FELCH,  was  considered  as 


in  Committee  of  the  Whole  :  and  no  amendment  being  made,  it 
was   reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  resolution  was  read  a  third  time,  by  unanimous  con- 
sent. 

Rrsidpetl,  That  this  resolution  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

HALF  PAY  TO  WIDOWS  AND  ORPHANS. 

The  Senate  proceeded  to  consider  the  amendments  of  the  House 
of  Representatives  to  the  bill  amending  the  act  entitled  "  An  act 
grunting  half  pay  to  widows  or  orphans,  where  their  husbands  and 
fathers  have  died  of  wounds  received  in  the  military  service  of  the 
United  States,  in  cases  of  deceased  officers  and  soldiers  cf  the  mi- 
litia and  volunteers,"  passed  July  4th,  J83H  ;  and  it  was 

Ordered,  That  they  be  referred  to  the  Committee  on  Military 
Affairs. 

ADVERSE    REPORTS. 

The  Senate  proceeded  to  consider  the  report  of  the   Committee 
on  the  Judiciary,  on    the  petition  of  John    B.  Luce  ;  and,  in  con- 
currence therewith,  it  was 
Resolved,  That  the  prayer  of  the  petitioner onght  not  to  be  granted, 

The  Senate  proceeded  to  consider  the  report  of  the  Committee 
of  Claims  on  the  petition  of  Luther  Blake  ;  and  it  was 
Jifsulri'd,  That  the  (irayer  of  the  petitioner  should  not  be  granted. 
NEXT    CENSUS. 

The  joint  resolution  in  reference  to  the  next  census,  was  read 
the  second  lime,  and  considered  as  in  Committee  of  the  Whols  j 
and  no  amendment  being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  resolution  was  read  a  third  time. 

JRe.^olved,  That  this  resolution  pass,  and  that  its  title  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  resolution. 

CHURCH   LANDS   IN    FLORIDA. 

The  resolution  authorizing  the  submission  of  certain  claims  to 
arbitration,  was  read  the  second  time,  £ind  considered  as  in  Com- 
mittee of  the  Whole  ;  and  no  amendment  being  made  it  was  re- 
ported to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

THE    OREGON    BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  the  bill  to  establish  the  territorial  government  of 
Oregon. 

Mr.  MASON.— Mr.  President  ;  It  seems  that  the  people  in 
Oregon,  finding  themselves  without  other  law,  when  the  title  to 
the  territory  was  ascertained  and  established  in  the  United  States, 
assembled  in  convention  and  enacted  laws  for  their  temporary  se- 
curity. Amongst  lliese  laws  we  have  been  duly  informed  is  one 
by  which  slavery,  or,  as  it  is  termed,  "involuntary  servitude  ex- 
cept for  crime,"  is  forever  prohibited. 

Sir,  whatever  crude  opinions  may  have  been  formed,  when  the 
subject  now  to  be  discussed  was  first  under  consideration  in  this 
body,  or  elsewhere,  I  apprehend  there  are  none  now  who  will  say 
that  the  people  of  a  territory  belonging  to  the  United  States  have 
a  right,  propria  jure,  to  pass  laws  in  derogation  of  the  authority 
of  the  United  Slates.  If  there  were  such  opinions,  they  have 
been  exploded,  and  I  assume  that  there  is  no  Senator,  and  no  ju- 
rist, who  will  maintain,  that  when  the  people  who  may  be  found 
within  a  territory  belonging  to  the  United  Stales,  undertaking  for 
their  own  safety,  or  for  any  other  reason,  to  legislate  for  that  ter- 
ritory without  the  sanction  of  the  government,  that  such  laws 
have  any  validity  whatever  against  the  owners  of  the  country — 
that  is  to  say  against  the  government  of  the  United  States. — 
Well,  sir,  the  Conimitlee  on  Territories  in  this  body,  by  instruc- 
tion from  the  Senate,  have  reported  a  bill  providing  a  government 
fur  the  Territory  of  Oregon — under  the  sanction  of  what  ?  of  the 
government  of  the  United  States,  whose  property  it  is.  And  by 
the  12lh  section  of  the  hill,  the  laws  now  existin''  within  the  limits 
ol  Oregon,  be  they  what  they  may,  are  adopled,  and  declared  to 
be  in  full  liTce  for  the  government  of  the  people  of  the  territory. 
One  of  those  laws  then  being,  that  involuntary  servitude  or  slavery 
shall  be  fmever  thereafter  excluded  from  the  territory;  and  that 
law  being  adopted  by  the  bill  upon  your  table,  if  that  bill  be  en- 
acted mto  law,  it  follows  of- necessity,  that  nivolunlary  servitude 
will  be  excluded  from  that  territory  by  act  of  the  Congress  of  the. 


July  6.] 


THE  OREGON  BILL. 


83^c 


upon    to  treat  this  bill,  so 

precisely    as   if  there  was 

terms  againsl  slavery  in 


United  States;  and  thus  we  are  called 
far  as  regards  the  12th  section  of  it, 
spread  out  on  its    face    a   prohibition 

that  territory.  Sir,  it  is  right  that  it  should  b"e  clearly  under- 
stood, that  it  should  be  uncovered,  that  we  should  expose  it  so 
that  we  may  defeat  it  if  wo  can.  ' 

Gentlemen  have  said  upon  this  floor,  that  the  southern  States 
(where  alone  this  institution  is  found,)  are  here  a^italin"  this 
question — that  llio  southern  States  have  presented  the  question 
before  the  national  councils — and  that  for  all  the  consequences  that 
result  from  its  agitation,  the  South  is  responsible.  Let,  then  the 
truth  be  known;  let  the  fact  appear  that  a  ennimittee  of  this  body 
have  introduced  a  bill  with  this  provision  in  it,  and  if  there  be  of- 
fence in  agitaiing  the  question,  let  the  responsibility  rest  where  it 
of  right  belones.  What  we  seek  to  do  is  simply  to  defeat  it. — 
We  ask  no  legislation  on  the  subject  whatever,  but  having  stricken 
this  clause    from  the  bill,  to  leave  it,  as  to  that,  tabula  rasa. 

Mr.  President,  in  common  with  others  who  stand  upon  ibis 
floor,  representatives  of  sovereign  States  of  llic  South,  parties  to 
this  confederation,  1  depend,  not  upon  llie  compromises  of  the 
constitution,  (as  they  are  called.)  but  upon  its  guarantees.  And  I 
here  announce,  as  I  will  undertake  to  show,  that  if  this  provision 
prevails,  and  it  is  the  deliberate  sense  of  this  Senate,  that  slavery 
by  act  of  Congress,  is  hereafter  to  be  interdicted  in  the  Territory 
of  Oregon,  it  is  done  not  only  in  derogation  of  the  faith  of  the 
constitution,  but  it  is  done  in  violation  of  its  letter.  Sir,  the  guar- 
antees of  the  constitution,  I  am  Iree  to  admit,  are  founded  in  com- 
promise, and  although  there  may  be  no  form  of  expression  in  the 
instrument,  which  would  lead  us  to  infer  that  compromises  existed, 
yet  they  will  be  Ibund  in  the  character  of  the  enactments,  and  in 
the  contemporaneous  history  of  the  proceedings  which  led  to  those 
enactments.  Sir,  need  I  say  to  genilemen  around  me  here,  legisla- 
tors of  the  land,  that  in  any  government  which  is  not  founded  in 
absolute  force — in  any  government  whose  just  power  is  derived 
from  the  consent  of  the  governed,  more  especially  if  it  consist  of 
a  confederation  of  Stales,  each  sovereign  within  its  sphere,  that 
such  government  can  never  be  lorraed.  without  mutual  and  great 
concessions,  made  with  mutual  forbearance  for  the  common  good 
of  all  ;  and  under  how  much  greater  necessity  of  concession  and 
compromise  must  such  government  be,  when  made  up  of  Slates, 
extending  for  thousands  of  miles  through  every  variety  of  climate, 
ahd  witli  all  the  jarring  and  conflicting  interests,  that  are  incident 
to  variety  of  occupation  and  of  product.  These  compromises  of 
the  constitution,  or  more  properly  the  guarantees  that  resulted 
from  them,  arc  wliat  the  South  now  appeals  to  for  the  preserva- 
tion of  their  federal  righss — ^rights  secured  to  ihem  by  compact, 
and  for  which  ample  consideration  was  paid  on  their  part. 

Having  premised  thus  much,  I  now  approach  this  subject  with 
the  gravity  that  becomes  the  occasion.  It  has  been  well  said  that 
republics  have  their  foundation  in  public  virtue,  and  when  this  is 
absent,  they  soon  degenerate  and  fall  into  decay.  Equally  true  is 
it,  that  oonlederationsraust  havu  their  foundations  laid  in  political 
integrity  and  good  faith  Constitutional  obligation  is  of  little  force, 
when  all  respect  is  lost  for  constitutional  faith. 

Mr,  President,  there  has  been  but  one  former  occasion  when  this 
formidable  question  was  before  the  country  in  its  present  aspect  ; 
and  Senators  now  present,  who  were  then  in  the  national  councils, 
will  bear  mo  witness,  that  in  its  agitation  then,  the  solid  founda- 
tions of  the  Union  were  shaken.  Upon  the  refusal  to  admit  the 
State  of  Missouri  into  the  Union  without  a  cbiuse  in  her  constitu- 
tion against  the  continuance  ol  slavery  within  her  limits,  the  wliole 
South  stood  in  hostile  array  against  the  Nor.th  and  East.  The 
feeling  it  excited  in  the  southern  States  was  deep  and  intense. — 
There  was  no  dissension  or  difl'erenee  in  that  quarter.  The  at- 
tempt to  degrade  the  people  of  Missouri  below  tne  level  of  equal- 
ity with  the  other  States,  insulting  as  it  was,  was  yet  a  small  of- 
fence, compared  with  the  magnitude  of  the  principle  it  involved — 
a  principle  which  assumed  a  right  in  the  majority,  under  the  sanc- 
tion of  the  constitution,  to  forbid  the  extension  of  the  slave  popu- 
lation beyond  the  limits  to  which  it  was  then  confined.  Sir,  alter 
a  lapse  of  more  than  a  quarter  of  a  century,  the  same  question  is 
again  presented,  and  we  are  now  to  discuss,  calmly  and  temperate- 
ly I  hope,  whether  a  numerical  majority  has  the  power,  under  con- 
stitutional sanction,  to  interfere  with  the  institutions  of  the  south- 
ern States,  by  forbidding  their,  extension  into  lerritorv,  the  com- 
mon property  of  the  (J nun,  and  thus  to  disparage  and  impair  the 
political  weight  which  has  been  assigned  by  the  constitution  to 
this  portion  of  the  confederacy. 

Mr.  President,  when  the  constitution  was  adopted  in  1788,  the 
institution  of  slavery  formed  an  important  part  of  the  social  condi- 
tion of  all  the  southern,  and  of  many  of  the  northern  States  Its 
existence  and  its  influence  upon  the  future  destiny  of  the  South, 
where,  from  climate  and  other  causes,  it  was  most  likely  to  be- 
come permanent,  was  recognized  and  discussed  with  mature  de- 
liberation.    The  antagonist  interest  of  the  North  and  East,  where 


it  had  then   already   dwindled   and   was 


to  disappear,  was 


brought  out  in  full  array  ;  and  after  months  of  consideration  and 
debate  by  the  wise  and  patriotic  men  then  assembled  ;  alter  great 
and  mutual  concessions  on  all  ^idcs  for  the  common  good,  a  repre- 
sentative weight  in  the  federal  councils  was  assigned  to  the  slave 
population,  and  secured  to  the  States  interested  by  perpetual  gua- 
rantee of  the  constitution. 

Sir,  there  are  loup  provisions  in  this  instrument,  recognizing  sla- 
very and  providing  appropriate  guarantees  for  the  security  of  that 
institution. 


First — In  the  2d  section  of  the  1st  article,  establishing  a  basis  of 
representation  on  thres-fifthsof  that  population. 

Second— In  the  <Jth  section  of  the  same  article,  prohibiting  the 
passage  of  any  law  by  Congress  prior  to  the  year  1808,  [a  period 
of  twenty  years]  to  prevent  the  further  importation  of  slaves  by 


any  of  the  States 

Third— In  the  ."jlh  article 


providing  that  no  amendment  to  the 


constitution  shall  afl'ect  the  prohibitions  of   the  9th  section  of  the 
1st  articli',  prior  to  the  year  1808.     And, 

Fourth— In  the  2d  clause,  2d  section  of  the  4th  article,  provi- 
ding  for  the  surrender  o(  fugitive  slaves,  on  the  claim  of  their  own- 
ers, by  the  State  where  such  fugitive  may  be  found. 

These,  sir,  are  all  full  and  distinct  recognitions  of  a  class  held 
in  bondage,  and  arc  guarantees  provided  by  the  constitutional  com- 
pact— first,  allowing  their  continued  importation  for  twenty  years  ; 
second,  providing  for  the  security  of  their  tenure  as  property  ;  and, 
third,  and  most  important,  admitting  them  in  the  scale  of  repre- 
sentation as  on  element  of  political  power  ;  and  for  each  one  of 
these  guarantees,  a  full  and  ample  equivalent  was  given  to  the 
northern  and  eastern  State*,  in  immunities  and  advantages  secu- 
red to  them.  I  will  instance  a  very  striking  one,  which  has  beeo 
rescued  from  oblivion  by  Mr.  JelTerson  and  left  under  his  hand  as 
a  memorial  for  history.  It  is  taken  from  his  unpublished  manu- 
scripts, and  was  communicated  to  me  many  years  since  by  the 
Hon.  Wm.  C.  Rives,  of  Virginia,  my  predecessor  on  this  floor. 

Mr.  Jefferson  was  minister  in  France  whilst  the  convention  sal 
which  formed  the  constitution,  and  Mr.  Mason,  at  whose  relation 
he  recorded  this  scrap  for  history,  was  a  member  of  that  conven- 
tion, and  if  is  dated  at  the  family  scat  of  the  relator  some  four 
years  only  after  the  event  : 

'•  GuNSTON  H\I,L,  Scpt^mlmr  30,  17it-J. 

'■  Ex  ritatiqni  G.  Mason.  The  constitution  ,-is  agreed  to  till  a  rortniglit  before  the 
rniiveritioii  rose,  was  such  an  one  as  he  woui<)  have  ^ethisliaiid  and  heart  to.  1.  The 
rn-siilent  was  lo  l)e  electeil  for  seven  yeais,  then  ineligible  for  seven  year*  more.  -J. 
Rotauon  ill  ihe  Senate-  't.  /\  vote  of  two  IhirtiN  in  the  legislation  on  parlirnlar  sub- 
J'-i-ts,  and  expresfciy  on  that  of  navigation  The  three  New  England  States  were  cop- 
slanlly  with  us  in  all  t|neslions,  (Rhode  Island  not  there,  and  New  York  seldom.)  So  ' 
that  it  w;is  these  three  Slates,  with  the  live  southern  ones,  against  I'ennsylvania.  Jer- 
sey, and  Delaware.  With  resjieet  to  Ihe  importation  of  slaves,  it  was  left  toCoiigreu.  ■ 
This  dislnrhed  the  two  soiitheniinost  Stales,  who  knew  that  Congress  would  iminedi* 
aiely  suppress  the  importation  of  slaves.  Those  two  Slat«.s,  therefoie.  r.truck  op  a 
bargain  with  the  three  New  [-'ngland  Stales;  H'  they  would  join  to  admit  slaves  for 
some  year^.  llie  two  sontherinnost  Stali-s  wonlil  join  in  elianging  the  elan^e  w  hicli  re 
*iuiieil  two-thirds  of  the  legislature  m  any  vote.  It  was  done.  Tlieso  articles  were 
eliang<-d  aeeordingly,  and  from  that  moment  llie  two  southern  Slates,  and  the  thre« 
northern  ones  joined  Pennsylvania.  Jersey,  and  Delaware,  and  made  the  majority  ^lo 
:l  against  us,  instead  of  8  to  \\  for  us,  as  it  had  Ireen  through  ilie  whole  convention. — 
L'inler  ttiis  coalition  the  great  principles  of  llioconstitulion  were  chan^eil  in  the  last 
days  of  Ihe  convention." 

Now,  .sir,  by  reference  to  the  journal  of  that  convention  it  will 
bo  found  that  the  votes  of  the  States  implicated  were  changed,  as 
arc  recorded  in  that  memorial.  And  what  is  proved  by  it?  Why, 
first,  that  the  right  to  import  slaves  for  twenty  years  was  bartered 
away  by  three  of  the  New  England  States  ;  and,  second,  that  in 
consideration  of  this  immunity,  the  whole  right  of  legislation  on  all 
matters  airecting  commerce  and  navigation,  which  up  to  that  time 
had  been  restricted  to  a  majority  of  two-thirds,  was  committed  to 
a  bnre  numerical  majority  ;  and  a  very  bad  bargain  it  was  for  the 
South.  But  ex  hac,  disce  ortmes.  Let  this  one  example  illustrate 
the  whole.  Sir,  the  South  has  been  faithful  and  true  to  all  their 
constitutional  engagements.  If  there  be  an  instance  where,  how- 
ever onerous,  the  South  has  failed  both  in  spirit  and  letter  to  tulfil 
those  engagements  on  her  part,  I  pray  gentlemen  to  make  it 
known. 

Let  us  see  in  reference  to   these   guarantees  respecting  the  in- 
stitution of  slavery,  how  they  have  been  fulfilled  by  the  States  now 
called  ■'  Free  States,"     I  instance  the  obligation  on  the  States  for 
t'he  surrender  of  fugitive  slaves.     How  has    that  been  fulfilled  1 — 
The  clause  imposing  it  is  part   of  the   same  section,  and  in  pari- 
matcria,  with  that,    requiring   the  surrender  of   those   who   shall 
'•flee  from  justice."     Sound   and   good    faith   to  the  compact,  re- 
tpiires  that  each  class  of  fugitives  should  be  "delivered  up,"  as  an 
act  of  State  authority,  upon  the  demand  of  the  "Executive"  in  the 
one  case,  and  on  the    "claim    of  the  party"  entitled,  in  the  other. 
I  ask  of  Senators  representing   the  sostyled   "free  States."  how 
are  these  obligations  discharged  ?     Is  it  not  due  lo  the  faith  of  the 
constitution,  that  each  should  be  regarded  as  equally  obligatory? 
And    yet    what  is   the   fact?     Why,  laws   arc  enacted  in  all  the 
States,  requiring  of  the  Executive  authority  to  surrender  fugitives 
from  justice  upon  demand  of  the  State  whence  they  flee,  and  pro- 
viding  for  their  arrest   and  detention  until  such  demand  is  made,   - 
liut  in   the  case  of  fugitive  slaves,  in  none  of  these  Stales  is  the   ' 
like  constitutional  duty  regarded.     In  some,  laws  are  even  enacted 
denying  the  use  of  their  jails  for  the  custouy  of  such  fugitives,  and 
denouncing  penalties  on  their  officers,  if  they  lend  any  aid  in  arrest- 
ing them.     Whilst  in  all,  the  citizens  of  the  South  who  go  there  in 
pursuit,  are  insulted  and  defied,  and  even  hunted  down  and  killed. 
I  have  no  disposition  to  speak  in  terms  of  crimination,  or  to  excite 
angry  or  bitter  feeling.     But  our  property  is  insecure.     The  gua- 
rantees under  which  we  hold  it  are  habitually  and  wantonly  disre- 
gai'ded,  and  I  should  be  wanting  in  duty  to  those  whose  honor  and 
interests  are  in  part  committed  to  my  care,  did  I  not  avail  myself 
of  the    occasion   to  make   it   known.     Sir,  all   that  the  southern 
States  ask  is,  that  the  constitution  shall  he  observed  in  good  faith. 
They  have  a  right  to  demand,  and  they  do  demand,  that  the  guar- 
antees of  the  constitution  shall   be  observed  and  held  sacred.     I 
have  heard    Senators  on   this  floor,  the   Senator  from  New  York, 
[Mr.  Dix]  and  the  Senator  from  Vermont,  [Mr.  Phelfs]  at  this 
session,  and  within  a  week,  declare  that  it  is  the  purpose  of  the    ' 


838 


THE  OREGON  BILL. 


[Thursday, 


northern  and  eastern  States,  to  do  what  ?  To  prevent  the  exten- 
sion of  what  ibey  call  ihe  "slave  power."  I  put  it  to  those  Senators, 
what  do  they  mean  by  the  ''slave  power  ?" 

Mr.  DIX. — I  did  not  make  such  a  declaration. 

Mr.  MASON. — I  so  understood  the  Senator  in  his  remarks,  al- 
though I  do  not  find  the  expression  in  his  priiileil  speech.     It  was 
used  then  liy  the  Senator  from  Vermont-     What  is  the  "slave  pow- 
er ?"     In  the  discussion  of  a  question  like  this,  we  have  a  right  to 
expect  ihat   Senators  should   give   us  terms  that  arc  intelligible. 
What,  then,  is  the  slave  power  to  which   the  Senator  says  an  end 
must  be  put?     Why,  sir,  it  is  the  representative   weight  which  is 
assigned  by  the  conslitution  to    this   species  of   populatioii  or  pro- 
perty.    If  there  be  any  power  lodged  by  the  constitution,  in  which 
it  IS  supposed  the   northern    Stales  do  net   share  in  common  with 
their  brethren  in  other  States,  it   is   referrible  to  the  clause  of  the 
constitution   which   arranges  and  distributes    the  representation. 
And  it  is  this  power,  for  which  an  ample  equivalent  has  been  giv- 
en, which  wc  are  told  now  by  Senators  is  not  further  to  be  extend- 
ed.    Mr.   President,  1  his   representative   weight,   assigned  to  the 
States  of  this  Union  by  the  eonslitution,  must  be  preserved.     If  it 
is  not   preserved,  I  need   not   tell  gentlemen  here  what  the  conse- 
quences will  be.     It  is  not  only  necessary  for  the  securiiy  of  ilieir 
property,  but  it   is  indispensable   to  their  political  welfare.     The 
question  of  abolition  heretofore  has  been  a  mere  brvtvm  fulmen, 
but  it  comes  now  in  a  shape  that  is  no  longer  to  be  desi>iscd.  The 
institution  was  first  assailed   when   a  majority  in  the  federal  Con- 
gress attempted  in  1820  to   prevent   the   State   of   Missouri  from 
coming  into  this  Union,  unless  upon  terms  derogatory  to  her  as  a 
sovereign  Stale,  and  directly  in  violation  of  the  constitution.     Sir, 
I  know  not  how    it   was  felt  at   the  North — I  know  not  how  far 
northern  statesmen  or  northern  politicians  may  have  believed  that 
their  ascendancy  was  involved  in  the  curtailment  of  Ihe  slave  rep- 
resentation, but  I  know  this,  that  in  the  South  it   required  but  the 
application  of  the  torch  to  kindle  the  whole  country.     They  looked 
upon  it  as  not  only  vital  to  their  safety,  but   they  looked  upon  the 
attempt  to  assail   it, as   an   insult,  an  indignity  offered  to  them  as 
sovereign  members  of  this  confederacy      Sir,  Mr.  Jefferson,  lived 
in  those  days.     No  man,  I  suppose,  will  question  his  loyalty  to  the 
constitution,  and  none  his  sagacity  as  a  statesman.     A  letter  was 
read  on   this   floor  the   other  day  by  the  honorable  Senator  from 
South  Carolina,  [Mr.  Calhouk]  in  which  Mr.  Jefferson  spoke  his 
alarm  at   the   portentous  consequences   threatened  by  this  move- 
ment against  the  South.     His  mind  was  filled  with  the  portents  of 
the  occasion,  and  his  views  freelv  expressed  in  letters  to  his  friends, 
show  that  in  this  parricidal  attack,  he  saw  the  days  of  the  consti- 
tution numbered. 

Mr.  JeH'erson's  opinions  on  the  occasion  cited  are  entitled  to 
great  weight.  A  matured  statesman  and  philosopher,  profoundly 
vcised  as  well  in  the  science  of  government  as  in  the  shoals  and 
depths  of  party,  he  saw  through  the  vista  of  years  this  disturbing 
influence — ever  on  the  alert,  when  once  aroused,  until  its  wicked 
work  was  ended  in  the  overthrow  of  the  constitution  of  his  coun- 
try. 

In  a  letter,  dated  on  the  13th  April,  1820,  to  Mr.  ••*••,  a  gen- 
tleman now  living,  he  says  : 

"The  old  sciiisin  ol"  federal  and  repnblicnn  ttirealened  nolhiiip,  because  it  existed  in 
every  Slate,  and  iiniled  lliem  logether  by  tbe  rralL-rnism  of  party  ;  tnil  Ihe  foincidellL'i! 
of  a'maiked  principle,  inyral  and  poiitical,  with  a  geo;,'raphHral  line,  onee  coureived,  I 
feart^l,  wooid  never  more  be  oltliteraird  fiorn  Ihe  mind  ;  lb;il  it  would  be  rernrrin" 
on  every  oecaston,  and  renewing  iinlalior.--  nntil  il  would  kindle  sueh  mutual  nun 
mortal  hatred,  as  lo  lender  separation  preferable  lo  eli-nnal  discord.  [  have  been 
amongst  ttie  most  tanguiue  in  believin*:  Ihat  our  Union  would  be  oflong  duration.  I 
now  donbt  it  much  ;  and  see  tlie  event  at  no  great  distance,  and  the  direct  eonsc' 
•luence  of  tliis  question." 

On  the  20th  December,  1820,  he  wrote  to  Mr.  ♦•••••••j  a  gen- 
tleman also  now  living,  thus  : 

"  Nolliinglias  evei  presenled  so  threalening  an  aspect  as  what  is  called  the  Mis 
soori  question.  The  federalist,  eoniplclely  put  down,  and  despairing  of  ever  rising 
again  under  Ihc  oid  divisions  of  Wing  and  Tory,  devised  a  new  one  of  slavebolding 
and  non-slaveliolding  Slales.  which,  while  il  had  a  semblance  of  being  moral,  was 
at  the  same  liiiie  geographical,  and  calculated  to  give  them  ascendancy  by  debanch- 
uig  thetr  old  opponents  lo  a  coalition  with  Iheni.  Mora!  Ihe  question  certainly  is  not, 
becauseliie  lenioval  of  slaves  fioni  one  Slate  to  anotlier,  no  morelban  Iheir  lemoval 
fiomone  counlry  10  another,  would  never  make  a  slave  ol  one  huuiau  being  who 
would  not  be  so  wilhont  it.  Indeed,  if  there  ig  any  morality  in  Ihe  (plestlon,  il  is  on 
the  other  side,  because,  by  spreading  them  over  a  larger  surlace,  their  happiness  would 
be  increased,  and  the  burthen  of  their  future  liberation  hglitentd  by  bringing  a  greater 
number  of  shoulders  nnilcr  It.  However,  it  seemed  to  throw  dust  inloltieeyes  of  the 
people,  and  'o  lanaticise  them,  while  lo  the  knowing  oues  it  gave  a  geogiapbical  and 
preponderating  line  of  the  i'olomac  and  Ohio,  throwing  fourteen  Slales  to  the  North 
anilKasI  und  ten  to  the  South  and  Wi«it.  With  these,  therefore,  it  is  merely  a  ques- 
tion of  power.  But  with  this  geographical  niinoiity  il  is  a  question  of  existence  ;  for 
if  Congress  once  goes  out  of  ihe  constitulion  to  arrogate  the  right  of  regulating  the 
condition  of  the  inhabitants  of  tbe  Slales.  its  majority  may,  and  piobably  will  declare 
thai  the-eondition  of  all  within  the  United  Stales  shall  be  that  of  freedom  ;  in  which 
case  all  the  whiles  soiitii  of  llie  l*olomac  and  the  Ohio  must  evacuate  their  Slales,  and 
most  fortnnale  Ihosc  who  can  do  il  first." 

And  in  this  letter,  after  speculating  on  the  probable  consequence 
of  the  threatened  disunion,  he  adds  : 

"  Should  this  scission  lake  place,  one  of  its  most  deplorable  consequences  would  be 
its  discouragement  of  the  eHbrtr,  of  European  nations  in  the  regeneration  of  their  op- 
pressive and  cannibal  governments." 

In  a  letter,  of  the  .same  date,  (20th  December,)  to  the  Marquis 
de  Lafayette,  he  prophetically  shadows  forth,  what  we  now  see 
realized,  with  the  same  precision  as  if  he  were  the  historian  of  to- 
day.    1  give  an  extract : 

"With  us  Uiings  are  going  well.  The  boisterous  ^ea  of  liberty,  indeed,  is  never 
without  a  wave  ;  and  that  from  Missouri  is  now  lolling  lowaids  us.  But  we  shall 
ride  over  il  as  we  have  done  over  all  others.  It  is  not  a  moral  question,  but  one  merely 
of  power,     lu  object  is  to  raise  a  geographical  principle  for  the  choice  of  a  Pitsidtnl, 


and  the  noise  will  be  kept  up  till  that  is  effected.  All  know  that  permitting  the  slaves 
of  the  South  10  spread  into  the  West,  will  not  add  one  being  to  that  unfortunate  con- 
*lilion  ;  Ihat  il  will  increase  Ihe  happiness  of  those  existing,  and  by  spreading  Ihem 
over  a  large  surface  will  dilate  the  evil  everywhere,  and  facilitate  the  means  of  gelling 
finally  rid  of  It." 

So  thought  and  so  wrote  Jefferson  on  the  question  which  divided 
and  threaieiied  us  then,  as  it  divides  and  threatens  us  now.  But, 
sir,  the  difficulty  was  then  overcome.  It  was  overcome  by  con- 
cession made  by  these  very  southern  Slales— a  great  concession — 
a  concession  not  only  of  their  constitutional  right,  but  of  an  ex- 
pressed constitutional  guarantee.  And  it  was  made  for  tbe  sake 
of  peace.  How  is  it  met  now  ?  I  understood  the  Senator  from 
Vermont,  who  had  the  floor  on  this  question  a  lew  days  since,  to 
say  what  ?  Why,  that  the  compromise  in  the  case  of  Missouri 
was  really  a  boon  offered  by  the  North  to  the  South. 

[Mr.  Phelps  here  interposed,  and  was  understood  to  disclaim 
thr  remark  applied  to  him  in  the  sense  in  which  il  was  understood 
by  Mr.  Mason.] 

Mr.  MASON. — Well,  sir,  the  concession  was  made  in  the  hope 
that,  in  so  doing,  the  question  was  settled  forever.  By  mutual 
agreement  for  the  sake  of  peace,  it  was  agreed  to  limit  the  right 
to  introduce  slaves  in  the  country  acquired  from  France  to  a  line 
extended  west  from  the  southern  boundary  of  the  State  of  Missou- 
ri, being  the  parallel  of  36°  30'.  Sir,  this  was  conceded  for  the 
sake  of  preserving  this  Union.  It  was  a  consideration  as  high 
even  as  that  ;  and  we  fondly  hoped  that  at  no  future  day  would  it 
be  in  the  power  of  agitators  again  to  jeopard  the  Union,  with  all 
the  consequeness  that  must  ensue,  in  order  to  drive  a  political  bar- 
gain. But  this  has  been  done.  The  very  first  occasion  when  new 
territory  is  acquired  as  the  property  of  the  confederacy,  this  dis- 
turbing question  is  brought  up;  and  brought  up  how  ?  Brought 
up  by  connecting  it  with  territory  lying  so  fir  north,  that  all  must 
aerree  it  never  can  become  the  property  of  slaveholders.  It  is 
brought  up,  sir,  as  a  precedent,  because  Senators  well  know  what 
will  lollow.  There  are  two  other  territories  that  have  recently 
been  ohiained.  California,  and  New  Orleans,  and  here  the  prece- 
dent is  to  apply.  Sir,  we  must  meet  the  question  in  limine,  anA 
if  it  be  the  judgment  of  the  Senate,  of  a  majority  of  the  States  here 
represented,  that  the  settlement  of  this  (juestion  in  1820  is  to  be 
disregarded,  and  the  question  is  to  be  carried  as  a  matter  of  abso- 
lute power,  let  them  lake  the  consequence  when  it  comes,  as 
come  it  will. 

Mr.  President,  when  a  matter  of  political  rule — not  of  political 
right,  but  of  political  rule — is  once  determined  on.  there  is  no 
great  difficulty  in  finding  arguments  to  sustain  it.  The  Senator 
from  New  York,  [Mr.  Dix,]  who  has  opened  the  debate  upon  this 
question,  has  invoked  the  ordinance  of '87  for  the  government  of 
the  northwestern  territory,  and  has  relied  upon  it,  as  what  ?  As 
a  precedent?  I  should  presume  not — hardly  as  persuasive  author- 
ity— but  as  an  example  ,that  as  early  as  the  year  1787,  before  the 
foundation  of  this  government  was  laid,  tbe  American  peo)ile,  by 
a  compact,  excluded  slavery  from  a  large  territory  that  belonged 
to  the  United  States.  Sir,  the  ordinance  shows  upon  its  face  that 
it  was  a  matter  of  absolute  compact  between  the  States  ihi'u  con- 
federated and  the  State  of  Virginia,  which  made  the  cession.  It 
was  a  compact  in  terms  ;  and  whether  the  Congress  of  the  con- 
federacy had  or  had  not  the  power  to  make,  it  does  not  shed  the 
least  light  upon  the  inquiry,  whether  the  Congress,  under  the  pre- 
sent confederation,  can  make  a  similar  compact,  and  for  the  sim- 
ple reason  that  the  lu-dinance  of '87  was  made  before  the  constitu- 
tion was  formed.  The  history  of  that  ordinance  is  very  little 
known.  The  proceedings  of  the  old  continental  Congress  were 
in  secret,  and  no  memorial  was  kept  of  their  debates.  But  this 
territory  was  ceded  by  Virginia  to  tbe  United  States  in  March, 
1784,  and  the  ordinance  for  its  government  was  not  adopted  until 
July,  1787  ;  and  during  the  whole  of  the  intervening  time,  the 
Journals  of  Congress  show  that  the  organization  of  a  government 
for  the  territory  was  a  suljeet  of  discursion,  engendering  conten- 
tion and  great  differences  of  opinion. 

The  honorable  Senator  from  South  Carolina  has  suggested, 
with  great  force — at  least  with  a  degree  of  probability  in  the  ab- 
sence of  direct  iniormation — that  this  very  clause,  interdicting  in- 
voluntary servitude  in  the  territory,  was  in  itself  the  result  of  com- 
promise and  that  it  was  yielded  by  Virginia  upon  condition  that 
the  guarantee  which  accompanies  it  should  be  given  for  the  recov- 
ery of  liiiritive  slaves.  There  is  another  suggestion  that  I  have 
derived  from  a  different  source. 

The  honorable  Senator  from  Florida,  [Mr.  Westcott,]  whose 
habits  of  research  wo  all  know,  and  of  which  he  has  given  me,  to 
some  extent,  the  benefit,  has  exhibited  a  letter  from  Mr.  Madison, 
throwing  out  this  suggestion.  In  those  days  all  the  Stales,  under 
the  articles  of  confederation,  were  importers  of  slaves.  Tlie  New 
F.ngland  States  almost  whitened  the  ocean  with  the  canvass  of 
their  ships,  bringing  slaves  from  Africa  to  the  coast  of  America  ; 
and  although  there  was  a  strong  disposition  in  the  federal  legisla- 
ture to  put  a  stop  to  it,  they  had  not  the  power  to  do  so.  And  the 
probability  is,  says  Mr.  Madison,  that  the  clause  in  the  ordinance 
of  1787,  which  forbids  "  involuntary  servitude"  in  the  northwest 
territory  was  introduced,  in  order  to  strike  at  the  foreign  slave 
trade.  Congress  having  no  power  to  forbid  the  importation,  taking 
this  mode  to  restrain  it,  by  limiting  the  territory  into  which  slaves 
should  be  carried.  But,  bo  this  as  it  may,  the  occasion  which 
called  it  forth  is  pregnant  with  instructive  history  to  the  statesmen 
and  people  of  our  country,  aud  so  apposite,  that  I  shall  be  par- 
doned for  the  digression  in  introducing  it  here. 

The  claim  by  many  of  the  States  to  a  large  and  unoccupied  ter- 


July  6.] 


THE  OREGON  BILL. 


839 


ritory  in  the  West  was  the  subjeet  of  much  jealousy  and  dissension 
with  those  States  whose  boundaries  were  more  eireumscribed. 

Virginia,  whose  chartered  liniils  once  extended  lo  ihe  Pacific, 
(then  called  the  South  sea,)  had  yet  an  immense  territory  unoc- 
cupied lying  to  the  northwest  of  the  Ohio  river.  New  York 
claimed  a  part  of  the  same  territory  in  opposition  to  the  title  of 
Virginia.  While  the  Slates  of  Massachusetts  and  Connecticut,  in 
the  Knst,  and  Georgia  and  the  two  Cf-rolinas,  in  the  Si  uth,  each 
held  large  bodies  of  waste  and  unappropriated  land. 

It  was  said  by  the  other  States  that  it  was  unjust  and  ineqiiiti.- 
ble  that  these  vast  territories,  the  enjoyment  of  which  had  been 
secured  to  their  respective  claimants  by  the  blood  and  treasure  of 
all,  Ireely  lavished  in  the  revolutionary  struggle,  should  bo  thus 
separately  held.  That  Delaware,  Maryland  and  New  Jersey  had 
equally  contributed  to  rescue  them  from  the  dominion  of  the  Brit- 
ish crown,  and  it  was  oppressive  and  unjust  to  exclude  them  from 
the  fruits  of  iho  conquest.  This  feeling,  which  grew  as  the  Rev- 
olution progressed,  manifested  itself  in  a  decided  manner  when  the 
'•  articles  of  confederation  and  perpetual  union,"  agreed  to  by 
Congress  in  1777,  were  recommended  to  the  several  States  for 
their  ratification.  The  State  of  JVIaryland  refused  to  ratify,  and 
placed  her  refusal  upon  the  express  ground  that  she  was  excluded 
from  participation  in  these  unoccupied  lands.  I  read  an  extract 
from  the  "  instructions  of  the  general  assembly  of  Maryland  to 
her  delegate*  in  Congress,"  presented  by  them  on  the  21st  May. 
1779:  ' 

"  We  tire  convinced  polioy  and  ja^lice  lequire  that  a  country  unsellled  at  the  com 
inencement  of  this  war.  ciaimi  d  hy  the  Brirish  crown  and  ceded  to  it  by  Ihe  treaty  of 
Pans,  if  «rebted  from  the  comroon  enemy  hy  the  tdood  and  treasure  of  the  thiiteen 
States,  should  he  considered  a»  a  common  projieity,  suhject  to  be  parcelled  out  by 
(Congress,  into  live  con\enieiit  and  independent  governments,  in  sucii  manner  and  at 
such  times  as  tlie  wisdom  of  tliat  assembly  shall  liCTt.nftev direct. 

"We  have  coolly  and  dispassionately  considered  the  subject,  we  have  \vei;,'hed  pro- 
bable inconveniences  and  hanisliips  against  the  sacrifice  of  just  and  essential  rights, 
and  do  instruct  you  not  lo  agree  to  the  conteileralion  unless  an  article  or  articles  be 
added  thereto  in  conformity  with  our  declaration." 

New  Jersey  did  ratify,  but  under  protest,  "  in  the  firm  reliance 
that  the  candor  and  justice  of  the  sever,.!  States  will,  in  due  time, 
remove,  as  far  as  possible,  the  inequality  which  now  subsists." 
The  State  of  Delaware  also  came  into  that  confederacy,  but  un- 
der like  protest,  from  which  I  shall  also  ask  leave  to  read  an  ex- 
tract, as  it  exhibits  the  feeling  -^hich  then  actuated  the  States  ; 
all  which  ihey  were  willing  to  lay  down  for  the  common  good  : 

"  Extract  from  the  resolutions  of  the  State  of  Delaware,  presented  by  her  delegates  in 
Congress  February  23,  17T9. 
"Resolvedt  That  tivs  State  consider  thomselves  .juslly  entitled  to  a  right,'  in  com- 
mon with  the  members  of  the  Union,  to  that  extensive  tract  of  country  which  lies 
westward  of  the  frontier  of  the  United  Slates,  the  propertv  of  whicli  was  not  vested 
in  or  granted  to  indiviLluals  at  the  commencement  of  tlie  present  war:  that  the  same 
hath  been  or  may  be  gained  from  the  King  of  Great  Britain  or  the  native  Indians  bv 
the  blood  and  treasure  of  all,  ani  ought  therefore  to  be  a  common  estate,  to  be  granted 
ont  on  terms  beneficial  to  the  United  Statel." 

Sir,  it  is  useful  to  go  back,  and  contrast  the  spirit  with  which 
these  States  came  originally  together,  in  the  days  of  the  revolu- 
tion, with  that  which  animates  some  of  them  now.  Such  was 
the  state  of  things  when  the  territory  was  ceded,  which  is  now 
brought  up  in  judgment  against  Virginia,  and  other  Southern 
States.  And  what  was  done  ?  Why  the  State  of  New  York  set 
the  example,  and  made  the  sacrifice  required  cm  the  altar  of  the 
country,  for  the  common  good.  Let  me  exhibit  an  extract  from 
an  act  passed  by  New  York. 

"Whereas  nothing  under  Divine  Providence  can  more  elTectuallv  contribute  lo  the 
tranquility  and  safety  of  the  United  States  of  Amer.ca,  than  a  ledera!  alliance  on 
such  principles  as  wdl  give  satisfaction  lo  its  respeclive  members  :  and  whereas  the 
anicles  of  confederation  and  perpetual  union  recommended  hv  the  honorable  the 
Congress  of  the  United  S'aies  of  America  have  nor  proved  acceptable  to  all  the 
States,  it  having  been  conceived  tiiat  a  portion  of  tho  w<lste  and  uncultivated  territory 
within  the  liniils,  or  claims  of  certain  States  ought  to  be  appropriated  as  a  common 
fund  for  ihe  expenses  of  the  war :  and  the  people  of  Ihe  State  of  .Wro  York  being  on 
eUt  oetnsions  disposed  to  marnfcf/  their  record  for  their  sister  Stoles  and  their  ear- 
nest desire  to  promote  the  /renerai  interest  and  security,  and  more  especially  to  ac- 
celerate the  federal  alliiince,  hy  removing,  as  far  as  it  depends  upon  them,  the  before 
mentioned  impediment  to  its  tinal  accomplishment.    Be  it  therefore  enacted." 

And  then  followed  a  resolution  of  the  old  Congress  accepting 
this  territorial  grant  from  the  State  of  New  York,  and  inviting 
the  other  States  to  do  the  like.  Sir,  the  next  State  in  order  was 
Virginia.  There  had  been  a  strong  remonstrance  presented  by 
Virginia  to  this  claim  of  New  York  to  the  lands  which  she  consi- 
dered embraced  within  her  territory  of  the  north-west,  the  whole 
of  which  was  forgotten  and  laid  aside,  and  that  great  State  in  the 
year  1783  gave  authority  to  her  Representatives  in  Congress,  to 
convey  to  the  United  States  in  absolute  perpetuily,  a  territory  that 
is  covered  by  ten  parallels  of  latitude,  and  thirteen  degress  of 
longitude,  out  of  which  have  been  carved  five  of  the  States  which 
are  now  in  the  Unipn,  and  enjoying  its  protection.  And  she  did 
it  for  what?  Why  to  meet  in  a  spirit  of  conciliation  the  conces- 
sions of  other  States,  to  do  every  thing  for  the  common  good,  and, 
to  accomplish  which,  she  has  truly  given  up  her  birtluight.  Con- 
trast the  language  held  by  New  York  in  the  act  ol  1780,  with 
the  language  held  by  her  Senator  on  this  floor  now.  .Sir,  who  be- 
lieves when  it  required  a  spirit  of  such  mutual  forbearance  and 
concession,  a  spirit  that  was  disposed  to  give  up  every  thing  for 
the  common  good,  in  order  to  prevail  upon  the  Stales  to  bind 
themselves  in  articles  of  confederation,  that  you  can  keep  those 
States  under  any  federative  government  whatever,  when  that  spi- 
rit is  forgotten  and  disregarded.  Who  is  there  on  this  flonr  who 
believes  that  Virginia,  the  largest,  most  populous,  and  most 
wealthy  of  the  Southern  States,  ever  would  have  been  a  party  to 
the  constitution,  if  there  had  been  a  provision  engrailed  in  it,  for- 
/,idding  an  extension  of  any  part  of  her  population  to  any  territory. 


that  might  hereafter  become  the  properly  of  the  United  Slates? 
No  one.  And  if  she  would  not  then,  and  believes  now  that  such 
exiension  is  her  constitutional  right,  who  believes  that  she  or  any 
of  her  siJuthern  sister  States  can  remain  in  the  conlederacy,  when 
the  barriers  that  had  been  erected  lor  their  protection,  have  been 
ruthlessly  broken  down  and  disregarded  ? 

Every  movement  '.hat  is  made  alieciing  the  rights  and  power  of 
the  southern  Slates  in  reference  lo  this  populaiiun.  is  looked  upon 
there,  as  in  derogation  of  iheir  exclusive  authority.  They  are 
sensitive  on  ihis  subject.  It  forms  a  part  ol  iheir  most  valuable 
property.  It  is  a  great  element  of  their  political  power,  and  us 
proper  management  is  essential  to  their  safety.  Yet  honorable 
Senators  here,  as  1  understand  them,  looking  upon  the  powers  of 
this  government  as  unlimited,  perfectly  without  conl.ol,  approach 
this  subjeet  as  they  would  approach  an  ordinary  subject  ol  legis- 
lation, and  assert  a  right  lo  control  it,  whether  with  or  without 
the  atsent  of  the  States  where  alone  the  institution  is  lound.  Is 
not  all  power  that  is  not  granted  to  Ihe  general  government  re- 
served to  the  States?  And  do  you  find  anything  in  the  constitu- 
tion which  authorizes  anv  interference  on  the  part  of  the  general 
government  with  the  domestic  institutions,  and  the  regulation  of 
the  internal  afiairs  of  the  States?  Sir,  iu  this  connexion  I  was 
very  much  struck  with  one  view  presented  by  the  Senator  from 
Vermont,  'ihe  Senaior  from  South  Carolina  attempted  to  show, 
and  I  think  successfully,  that  let  this  power  of  legislation  over 
the  territories  be  derived  whence  it  might,  it  was  a  trust  to  be  ad- 
ministered by  this  government  for  the  benefit  of  the  States  by 
whom  the  trust  was  created.  I  understood  the  Senator  from  Ver« 
mont  to  sa}'  it  was  not  a  t'-ust,  and  that  it  was  not  because  there 
was  devolved  upon  Congress  "  legislative  discretion." 

Mr.  PHELPS. — The  Senator  misaiiprehends  me.  My  remark 
was  that  there  was  no  analogy  to  be  drawn  between  a  legislative 
trust  and  a  legal  trust;  and  that  the  iinpurtant  ditlerence  between 
the  two  was  the  ingredient  of  legislative  discretion. 

Mr.  MASON. — A  trust  is  a  trust,  whether  it  be  created  under 
the  sanction  of  law,  or  result  from  a  delegated  authority  to  legis- 
late. And  although  in  its  latter  form,  there  may  be  what  the 
Senaior  calls  "  legislative  discretion,"  yet  such  discretion  does 
not  extinguish  the  trust.  The  Senaior  w.ll  not  contend  that  it 
does;  neither  will  a  legislative  discretion  enlarge  the  powers  of 
the  trustee.  They  remain  limited  by  the  object  ol  the  trust,  though 
the  choice  of  means  to  execute  it  nitiy  be  extended.  Bo  it  a  public 
or  a  private  trust,  its  obligations  on  the  trustee  are  the  same,  that 
he  shall  not  transcend  his  delegated  authority.  And  if  you  want 
to  determine  whether  the  trust  has  been  well  or  ill  performed, 
you  must  look  at  the  charter  creating  it. 

Mr.  President,  I  will  not  say  there  is  a  party,  but  there  are 
statesmen  in  this  country  who  look  upon  this  government  as  a 
property  to  be  enjoyed  and  parcelbd  out,  rather  than  as  a  trust 
to  be  administered  lor  the  common  good;  and  here  is  one  great 
instance  in  which  this  principle  is  to  be  aflirmed  or  denied.  A  ter- 
ritory is  common  property,  the  property  of  all;  and  1  submit  to 
any  Senator  who  hears  me,  as  I  will  also  to  the  judgment  of  pos- 
terity— whether  the  trust  is  properly  fulfilled  when  you  exclude 
from  such  common  property  a  large  por-ion  ol  the  joint  owners. 
The  Senator  from  Vermont,  however,  has  said,  that  when  you 
forbid  slavery  wiihin  territory  belonging  lo  the  United  Stales,  you 
do  not  destroy  the  equality  between  the  citizens  of  the  Stales,  be- 
cause all  citizens  are  free  to  go  there.  Sir,  if  this  is  not  keeping 
the  word  of  promise  to  the  ear  and  breaking  it  to  the  hope,  I 
know  not  where  an  instance  may  be  found.  What  would 
vou  have  ?  Suppose  a  portion  ol  that  territory  be  valuable 
to  the  South,  you  extend  lull  permission  to  the  planters  of 
the  South  to  go  there,  provided,  they  will  abandon  the  only 
property  that  would  make  it  valuable  totiiem  after  they  get  there. 
That  is  the  equality  which  the  Senator  from  Vermont  would  mete 
out  to  us.  No.  sir.  I  insist  that  the  guarantees  of  the  constitu- 
tion to  which  I  have  referred,  as  recognizing  this  portion  of  our 
population,  and  a^6lgning  its  stipulaieil  rcprcseniaiive  weight, 
were  never  designed  to  exclude  the  Slates  interested,  irom  parti- 
cipating equally  with  the  rest,  in  all  future  acquisitions  of  terri- 
tory. 

I  put  it  to  honorable  Senators  who  hear  me,  what  would  be  the 
condition  of  the  South,  if  this  pretension  were  submitted  to? 
There  are  now  three  millions  of  slaves  I  presume,  in  -he  southern 
Slates,  and  such  is  their  condition  of  ease  and  cimfort,  and  abun- 
dance, that  they  increase  faster  than  the  white  papulation  ;  and 
yon  propose  to  circumscribe  them,  and  to  declare  that  on  no  occa- 
sion shall  they  ever  be  extended  into  the  territories  of  the  United 
Stales.  What  then  will  be  the  condilion  of  the  South  ;  with  their 
lands  worn  out.  and  wails  of  circumvallation  throv\-n  around 
them,  they  will  have  no  choice  but  to  abandon  Iheir  property  and 
their  homes.  And  the  Senator  from  Vermont  says  thi>  is  all  right, 
there  is  no  objection  to  "penning  them  up,"  and  if  ever  they 
emerge  beyond  those  prescribed  limits  Ihey  must  come  out  as 
freemen  ?  1  ask  Senators  where  are  they  to  go.  What  territory  is 
there  wiihin  the  free  States  that  will  receive  a  class  of  free  blacks, 
not  one.  And  yet  the  honorable  Senator  with  the  calmness  that 
becomes  a  philosopher,  or  a  getillenuin  who  is  not  implicated  at 
all  in  this  inslitution.  tells  us,  it  is  all  very  well,  there  is  no  objec- 
tion lo  "penning  them  up."  We  had  an  instance  in  Virginia  not 
long  ago  of  the  late  that  aw.aits  emancipated  negroes  in  the  free  . 
States.'  A  gentleman  whose  sagacity  and  intellect  illustrated 
and  adorned  the  counsels  of  the  country,  while  he  lived,  and  whose 
memory  will  be  honored  and  venerated  when  oihers  shall  be  for- 


840 


THE  OREGON  BILL. 


[Thursday, 


gotten,  manumitted  his  slaves,  by  his  last  will  to  the  number  of 
some  five  hundred,  and  made  ample  provision  for  their  location  be- 
yond the  limits  of  the  slave  States.  His  executor — a  man  who 
knew  what  a  trust  was — went  to  the  S  ate  of  Ohio,  and  by  invi- 
tation there,  purchased  a  tract  of  country  as  a  residence  for  the 
manumit  ed  slaves,  and  when  he  took  them  there,  they  were  dri- 

,  ven  off  by  force,  by  the  people  of  the  country  where  ho  had  pur- 
'  chased.  Sir,  this  matter  of  abolition  is  destitute  ol  every  savor 
of  humanity,  if  the  slave  population  are  to  be  manumitted  under 
the  promise  of  a  refuge  in  the  free  States  ol  the  Union.  The  Se- 
nator from  New  York  has  told  us  very  truly,  that  the  black  popu- 
tation  in  a  state  of  freedom  dwindles  and  diminishes,  and  would 
soon  become  extinct.  It  is  incident  to  their  race.  They  do  not 
muliiply  in  a  state  of  freedom  on  our  conlinunt.  No,  sir,  contem- 
plate the  spectacle  we  have  in  these  northen  States  now.  see  the 
rivalry,  jealousy,  and  hatred  that  is  cncrendered  there  between  the 
white  population  and  the  free  blacks  ;  and  see  that  race  the  sub- 
ject of  so  much  commiseration  here,  because  they  are  in  slavery, 
dyinij  and  rotting  in  nakedness  and  filth,  in  the  cellars  and  dens  of 
your  nurtliern  cities.  Sir,  there  was  another  idea  thrown  out  by 
the  Senator  from  Vermont.  I  understood  him  to  assert  disiincily, 
and  thence  diaw  an  important  legal  deduction,  that  a  slave  was 
not  property,  but  that  the  tenure  was,  what?  A  mere  "incident 
to  a  domestic  relation."  Well,  sir,  that  was  cert.ainly  a  feliciious 
term  of  expression.  But  the  objection  to  it  Is,  that  it  is  utterly 
void  of  meaning — the  civilians  tells  us,  that  slavery  had  its  origin 

f-,,in  the  rights  of  conquest — the  captor  had  ihe  right  to  put  his  pri- 
soner  to  death,  and  when  he  spared  his  life,  it  was  done  on  the 
implied  contract,  that  the  captive  should  become  his  bonds  man. 
This  is  yet  the  law  of  the  savage  race  in  Africa  ;  and  ihe  first  ne- 
gro slave  that  was  landed  on  our  shores  brought  this  condition 
with  him  from  the  land  of  his  birth. 

Slavery,  then,  is  an  incident  to  a  hostile  relation,  which  is  the 
very  opposite  to  a  domestic  relation 

But,  be  this  as  it  may,  the  condition  of  slavery  is  fixed  in  the 
country  whence  the  subject  comes.  It  required  no  special  law  to 
create  it  here,  as  seems  to   have  been   supposed  by  an  honorable 

1^  Senator  from  Connecticut,  [Mr.  Niles.]  The  first  slaves  import- 
ed into  Virginia  were  landed  from  a  Dutch  ship  in  1620,  and  were 
purchased  by  the  planters.  The  common  law  was  then  the  law 
of  the  colony.  By  that  law  their  condition  as  property  was  recog- 
nized, and  under  its  pervading  principle,  that  the  issue  follows  tlie 
condition  of  the  mother,  partus  seqidtur  ventran,  their  descend- 
ants, as  well  as  the  descendants  of  every  subsequent  importation, 

, ^  have  remained  in  bondage.  There  never  was  a  statute  in  Virgi- 
nia creating  slavery,  nor  was  there   any  need  of  one  to  establish 

,   that  institution.    The  only  statute  of  that  character  was  one,  pass- 

,.  ed  at  an  early  day,  forbidding  the  planters  from  making  slaves  of 
the  Indian  children,  who  were  sent  in  as  hostages. 

Laws  have  been  passed  from  time  to  time  regulating  the  condi- 
tion ol  slavery  as  a  recognized  condition  of  part  of  the  population; 

,  but  for  no  other  end.    And  by  the  policy  of  such  legislation,  slaves 

,,have  been  at  one  time  treated  as  real   estate,  and   at  another  as 

,' personal. 

\.      The  condition  of  slavery,  then,  is  uotbing  more  than  the  right  of 

,^'  the  owner  to  the  service  of  the  bondsman  during  the  life  of  tbe  latter, 
and  to  which  the  jw.s  disponcndi  is  attached,  as  to  any  other  spe- 

j"  cies  of  property — tlie  same  right  wliieh  the  master  at  common  law 

I  has  to  the  si'rvice  of  the  servant,  or  the  master  to  the  apprentice  ; 
the  only  difference  being,  so  far  as  the  quality  of  property  is  con- 
cerned, that  the  one  is  temporary  and  the  other  during  life.  Whence 
then  does  the  honorable  Senator  from  Vermont  derive  his  opinion, 
that  a  slave  is  not  property. 

But  the  deduction  drawn  by  that  honorable  Senator  is  equally 
untenable.  Proceeding  upon  the  assumption,  that  slavery  is  a 
mere  "  incident  to  a  domestic  relation."  he  argues  that  it  can  ex- 
ist only  where  such  "domestic  relation"  is  recognized  by  law  ;  and 
that  in  consequence,  when  a  slave  is  taken  to  a  State  where  there 
is  no  such  relation,  he  becomes  free. 

Sir,  I  think  I  have  established   as   a  legal   proposition  the  very 

.,,  opposite.  When  the  condition  of  the  subject  is  that  of  bondage, 
■whether  it  bo  temporary  or  perpetual,  it  is  recognized  by  law,  and 
enforced  as  a  legal  right.  And  if  it  be  the  case  of  a  slave,  .such 
slave  becomes  free  when  taken  to  a  country  or  State  only,  where 
such  servitude  is  forbidden  or  prohibited  by  express  local  law.  It 
follows,  then,  that  while  no  special  law  is  required  to  create  this 
species  of  bondage,  it  does  require  positive  or  special  law  to  de- 

.  stroy  it  ;  and  such  laws  have  been  passed  in  all  the  Stales  where 
slavery  has  been  prohibited. 

Mr.  WALKER. — Will  the  honorable  Senator  allow  me  to  ask 
him  a  question  ? 

Mr.  MASON.— Certainly. 

Mr.  WALKER. — Docs  the  Senator  mean  to  s,iy  that  slavery  is 
the  natural  condition  of  man,  and  r  hat  niaiiumis.iion  is  a  mere  step 
in  the  progress  of  an  artilieial  condition^ 

Mr.  MASON. — I  am  unaware  that  the  Senator  from  Wisconsin 
can  draw  that  deduction  frou  any  thing  said  by  me. 

Mr.  WALKER. — My  deduction  may  not  be  the  same  that  the 
Senator  himself  would  (fraw.    I  merely  ask,  in  order  to  "ct  an  ex- 
■  planation  of  the  honorable  Senator's  views. 

Mr.  MASON.— Tbe  propositioin  I  assert  is  this  :  tliat  the  Afri- 
"  can  population  brought  to  the   shares   of  North   America  in  bond- 
age, and  «old  to  the  inhabitants   as  bondsmen,  brought  slavery  a» 


their  condition  from  the  shores  of  Africa,  and  the  law  recognized 
it  here.  That  is  all.  What  the  natural  condition  of  these  people 
in  Africa  may  have  been,  the  Senator  may  determine  for  himself ; 
but  where  the  condition  of  bondage  is  once  fixed,  that  condition  is 
recognized  by  law,  unless  there  be  a  statute  to  the  contrary.  It 
is  said,  that  in  Africa  this  relict  of  barbarism,  which  places  the 
captive  at  the  absolute  disposal  of  the  captor,  remains,  and  the 
larger  portion  of  slaves  sent  over  to  this  country  before  the  prohi- 
bition of  the  trade  were  those  taken  in  battle  or  seized  by  the 
strong  arm  of  power.  The  proposition  I  assert  is,  that  let  their 
condition  result  from  what  it  might,  they  brought  it  with  them 
from  Africa.  It  was  given  to  them,  fi.\ed  upon  them  there  ;  and 
all  that  was  done  in  this  country  was  to  recognize  it.  There 
never  was  a  law  in  Virginia  creating  slavery  ;  and  I  doubt  if  there 
has  been  such  a  law  in  any  of  the  southern  States.  There  is  no 
necessity  for  sueh  a  law. 

Suffer  me  novf,  sir,  to  sura  up  the  argument  I  have  advanced. 
This  institution  existed  when  the  constitution  was  formed.  It 
was  recognized,  it  was  legislated  upon,  it  was  made  the  subject 
of  concession  on  one  side,  and  equivalent  on  the  other.  There 
was  assigned  to  it,  a  representative  weight,  as  an  element  of  po- 
litical power  in  the  southern  States.  It  was  guaranteed  to  those 
States  by  the  constiiution  and  it  can  never  be  tolerated,  that  a 
power  in  Congress  to  legislate  for  the  territories — a  power  dedu- 
ced from  necessity  only,  and  temporary  in  its  exercise,  (for  it 
ceases  when  ilie  territory  becomes  a  State,)  should  be  wrested 
from  its  legitimate  ends,  and  made  to  unsettle  the  balances  of  the 
constitution,  and  to  desttoy  its  guarantees.  To  give  it  such  di- 
rection, would  be  in  outrage  of  all  just  leiial  construction,  and  of 
every  sense  of  political  right  in  the  Slates  interested. 

The  Senator  from  New  York  has  said  that  there  is  a  line  of  un- 
broken precedents,  from  the  first  enactments  for  territories  under 
the  constitution,  down  to  this  day,  establishing  the  right  in  Con- 
gress, which  is  now  contended  for  by  him 

Sir,  I  have  examined  with  care  the  laws  which  he  has  advanced 
as  preee  tents,  and  1  utterly  deny  that  they  touch  the  right  in  ques- 
tion—save in  the  single  instance,  of  the  act  of  1820,  for  the  admis- 
sion into  the  Union  of  the  State  of  Missouri,  known  as  an  excep- 
tion, by  the  name  of  the  "Missouri  compromise." 

The  first  law  cited  by  the  Senator  as  a  precedent,  is  the  act  of 
August  7th.  1789,  entitled  '"an  act  to  provide  for  the  government 
of  the  territory  north-west  of  the  Ohio  river." 

This  act  does  nothing  more  than  make  provision,  for  adapting 
the  obligations,  &.C.,  of  the  ordinance  of  '87  "to  the  present  con- 
stitution of  the  United  States,"  in  order  that  it  may  "continue  to 
have  full  effict."  It  was  n  eessary  to  do  this,  in  order  to  continue 
in  force  within  that  territory,  the  compact  contained  in  that  ordi- 
nance, as  made  by  the  Continental  Congress— and  the  act  was 
passed  in  obedience  to  the  sixth  article  of  the  constitution,  which 
is  in  these  words 

Ait  dfbu  contracted  and  enr,^nfftmmt^  nitereil  into,  before  the  adoiition  of  tliis  con- 
stitQlion,  siialt  be  as  valid  against  tiie  United  States  under  this  eonstitntion,  at  under 
t.'ie  conleueration." 

The  ordinance  of '87  was  one  of  these  "engagements" — and  the 
act  of  1789  did  nothing  more  than  to  continue  it  in  force,  under 
the  new  government  of  the  United  States. 

I  have  already  spoken  at  largo  in  respect  to  this  ordinance  of 
'87 — it  was  made,  iiiid  ordained,  as  the  law  governing  tbe  north- 
west lerritory,  before  tile  present  constitution  was  lormed — its 
sanction  was  derived  from  the  Congress  of  the  "conlederation" — 
and  that  sanction  was  recognized  by  tbe  sixth  article  of  the  con- 
stitution, and  thus  became  a  mandate  lo  the  new  government. 
When  Congress  then  in  1789.  and  subsequently,  legislated  for  the 
government  of  the  territories,  or  any  ol  tliem,  to  the  north-west 
oi'  the  Ohio  river  ;  it  legislated  in  subordination  to  tbe  ordinance 
of  '87- — and  it  follows  as  that  ordinance  prohibited  slavery,  such 
prohibition  was  paramount  to  the  authority  of  Congress.  The 
Slates  of  Ohio,  Indiana,  Illinois,  Michigan,  and  AVisconsin,  were 
carved  out  of  this  north-west  territory,  and  no  precedent  of  con- 
stitutional power  allecting  the  ipiestion  of  slavery,  can  be  drawn 
from  any  act  of  Congress,  for  the  organization  or  governnients  of 
the  territories,  out  of  which  either  of  these  Stales  was  formed. 

The  act  of  March  1804,  erecting  the  territorial  governments  of 
Louisiana  and  Orleans,  is  next  cited  by  the  Senator  from  New 
York.  It  is  true,  sir,  that,  this  act  regulated  the  admission  of 
slaves  into  those  territories,  but  it  expressly  authorized,  what  tbe 
South  now  ecmtends  for,  viz  ;  the  importation  of  slaves  by  a  "cit- 
izen of  the  United  States,  removing  into  said  territory  lor  actual 
settlement,  and  being  at  the  time  of  such  removal  boua-fidc  owner 
of  such  slaves."  The  prohibitions  were,  only  to  the  importation 
of  slaves  from  beyond  the  limits  of  the  United  States,  in  other 
words  a  prohibition  of  the  foreign  slave  trade,  and  of  slaves  which 
had  been  iiiijiortcd  into  the  United  States  since  the  1st  of  May, 
1798.  The  cause  <<(  this  last  restriction  I  have  not  been  able  to 
trace,  but  I  have  b,-en  told  that  it  was  referable  to  some  treaty 
stipulations  between  France  and  Spain,  from  which  latter,  the  pro 
vincc  had  been  derived. 

The  laws  for  the  government  of  the  territory  of  Mississippi, 
whieli  was  ceded  by  South  Carolina;  of  .\labama,  which  w»s 
ceded  in  jiarl  by  South  Carolina,  and  in  part  by  Ueorgia;  and  of 
Arkansas,  which  was  part  of  Louisiana,  contain  no  prohibition 
against  citizens  of  any  of  the  States  removing  into  those  territo- 
ries for  Settlement  with  their  slaves. 

In  the  instance  of  Iowa,  which  was  erected  into  a  separate  ler- 
ritory by  act  of  June,  1838,  the  law  scrupulously  refrained  from 
this  prohibition  of  slavery,  although   it  was   formed  of  territory 


Jutrr  6.|T| 


THE  OREGON' {Bi^43< 


,841 


subject  to  the  restriction  of  tha  Missouri  cohiproniise  act.  being 
part  of  the  Missouri  territory  lyioR  north  oFlho  parallel  of  S.C  30.'. 
By  the  aot  of  April  20,  1S36,  establishins;  a  territorial  govern- 
ment for  VViseonsin,  (whieh  was  part  of  the  northwest  territory, 
and  thus  subject  tq  the  ordinanee.  ol"  '87,)  ,li(»iinh4biliant^  w«rfl  ^e- 

"Claited   ■   '     '■  '  '';'^';l  Ulnnwr  ■ji,i,|...r.  ^nj.  ;,-j.j,„'  •,:.,,    .ih.  -.?,  ■'■,!.'  I    ■    '■ 

"  — entillert  to  atl'the  ri^iti,  pfi^ileges'/M'd'jnlVahtages'gfttDted  and  seeb'feih  by  the 
ordinance  of '87,  and  sobject  to  allth6'et)ndimns,testriCtiokl$,:aiiil:[][ral^ti9D9Ul  said 
articles  imposed. '(f.  _    .,,,    _-,    .        ;  ,,  ,,      ,   .  .  „  ,  , 

Whereas,  by  the  act  for  the  government  of  Iowa,  the  '■  rijjhts, 
privileges,  and  immunitiea  granted  and  secured  to  the  iuliabll'ants 
of  Wisconsin,"  are  extended  to  the  people  of  Iowa,  hut  without 
the  "  conditions,- restrictions,  and  prohibitions"  of  the  same  ordi- 
nance. ;  J        .  , 

Thus,  sir,  after  reviewing  all  the  acts  cited  by  the  honorahje 
Senator  from  New  York,  s.nd  to  which  he  refers  as  "/  a  current  of 
authority  uirinterrupted  and  almost  unopposed  throiii;h  mure  than 
half  a  century  down  to  the  present  day,"  we  HnJ  not  one  extend- 
ing the  prohibition  now  contended  for,  save  that  for  the  admissipn 
of  Missouri  in  1820,- and  which  stands  as  a  marked  eiception. 

Sir,  I  will  not  go  over  the  history  of  tliis  act  of  1S20.  It 
presents  the  only  instaiic«  since  the  foundation  of  this  government 
in  1788„  when  hy  law,  slaves  accompanied  by  their  owners,  were 
excluded  from  any  territory  l;>elon{iinj;  to  the  United  Slates.  And 
althongh  it  wap  passed    in  violation   of   the    third    arliclc  of  the 

■treaty  with  France  of  18113,  by  which  tlie  territory  was  ceded  to 
the  United  States— which  treaty  was  the  •supreme  law  of  the 
land;"  and  further,  as  I  conceive  in  derogation  of  the  constitutional 

.  rights  of  the  citizens  qf  the  southern  .Stales,  yet,  as  it  was  a^'reed 
to  as  a  compi-omise  by  the  South  for  the  sake  of  the  Union,  I 
would  be  the  last  to  disturb  it.  . 

Power,  Mr.  President,  is  never  appeased  by  concession;  and 
wieare  now  reaping  the  bitter  fruits  of  the  concessions  then  m.ido 
by  the  South.  How  strdsingly  is  illustrated  by  this  renewed  strug- 
gle, the  predictions  of  Mr.  JetTerson  in  bis  letter  of  April,  ISiiO, 
in  which,  speaking  of  the  Missouri  question,  he  says  : 

"  Tliecoincitlpncp  of  a  niarkpd  prin(i|ilp.  moral  and  politieui.  with  a  ^co^rapbical 
line  once  conceived.  I  feared  >\'oiild  never  more  be  olilitetated  »ioiii  I  lie  iiiinii;  thai  it 
would  t,p  recurring  on  every  occ':L5ion.  and  renewinf^  irrrialion-;.  uiHd  it  woulittfindh. 
sncli  mutual  and  mortal  hatred,  as  to  render  separation  prelerahle  to  cteroai  discord." 

;.  Sir,  the  prophecy  is  fulliled.  There  is  a  party  organized,  or  in 
'course  of  organization  at  the  North,  lifting  itself  erect  on  the  pend- 
ing canvass  lor  the  Presidency,  on  whose  banner  is  inscribed,  as 
the  sole  rallying  cry,  "destruction  to  the  slave  power."  We 
have  seen  t.ho  preliminary  chart  of  that  party  in  the  manifesto  ol 
its  convention  recently  held  at  Ulica,  in  New  York,  in  which  all 
parties  are  invited  at  the  North,  to  abandon  all  suhjeets  of  former 
dissension,  and  to  unite  in  a  common  crusade  to  break  down  the 
institutions  of  the  South.  Sir,  the  Senator  from  New  York,  [Mr. 
DiXi]  stands  the  exponent  of  that  party   in   this  Senate-house — a 

:  party  whose  mission  is  to  divide  the  North  and  South  on  this  tpies- 
tion  ofthe  so-called  "  slave  power."     Already  we  have  had  three 

jiemarkable   documents,   shadowing  forth  their  plan  of  campaign. 

...  'The  first,  is  a  letter  Irom  Martin  Van  Buren,  addressed  in  reply 
to  the  "  delegates  of  the  city  and  county  of  New  York"  to  the 
Utica  convention,  sketching  in  advance  the  principles  and  policy 
of  the  party  in  embryo. 

Next  comes  the  speech  of  the  honorable  Senator  from  New 
York,  following  step  by  step  the  landmarks  there  laid  down,  and 
denouncing  any  extension  of  slavery  into  territories  where  it  is  not 

,nuw  found,  as  of  "evil  tendency,  wrong'in  itself,  and  repugnant 

-.to  the  humanity  and  the  civilization  ofthe  age." 
And  last,  the  manifesto  ofthe  Utica  convention. 
1  trust,  sir,  that  Senators  on  all  sides  have  read  this  paper  with 
attention,  because  it  develops,  in  extenso,  the  principles  and  pur- 
purposes  of  this  new  northern  party  a;vows  its  objects  to  be  to  get 
possession  of  the  government  of  the  Union  for  the  purpose  of  de- 
stroying the  political  weight  of  "  slave  representation,"  and  as- 
signs their  appropriate  duties  to  its  recognized  leaders.  And  more 
than  all,  it  denounces  the  old  and  healthy  issues  which  have  here- 
tofore di.vided  parties  as  no  longer  worthy  of  consideration, 
and  calls  upon  former  friends  and  former  foes  to  unite  alike  in  a 
groat  concerted  etTort  to  break  down  the  barriers  of  the  constitu- 

.    lion.,     ;     .  ;,.,  ■    i  .  ,       . 

To  prove..tH3%;sir,  )[,intiy!l)4;PiVf>J°'}®'^i  '°'^  ihaking  a  single  ex- 
tract froiti  the  aocuraeht.whqfQ  it  w'ill  be  found  under  the  bead  ol 
"  Duty  of  the  free  States,"  and  is  in  these  words  :^     ,!.'.•  "      " 

"  If.  from  these,  or  any  other  causes,  the  people  of  the  free  States  havesaffered  in 
■  the  estimation  of  thet?onili,  or  of  I  he  worlil,  I  he  time  has  IJOW  come  wnen  lliey  owe  it 
to  lluTtcKcB.  and  to  ihc  nation,  lu  ledei-iii  llicir  ch.iracler  from  this  reproach.  Botll 
.the  late'  political  parties  have  the  oppouiiiiitv  to  do,  and  they  are  called  upon  to  do 
'tbis  ;  they  may  unite  in  the  effort :*iLhDat  auy:ahandoninent  of  their  (li,linctive)iriii- 
iciplea.'  'riie  old  issnes.  wliicli  for  the  Ij^t  tvventy  years  lia\c  iliMihd  thcin.iirc  now 
,  settled  or  set.  aside;  a  new  issue  Itas  been  [irtjcnted  in  which  all  minor  diflerer)ces — 
,  ajid  "m  which  difTereoces  that'under  i^ircumitances  would  be'  in»poitant-^are  merged 
''aTVd  swallowed  lip,  '■  .!■'.■- 

^'  It  isimportant.  too,  tliat  this  effort  should  now  be  niade..  and  that,  if  possible,  it 
rishould  lie  made  to  succeed.  Itesi-l  llie  beginning;.  Is  the  ma.xiiii  of  poli'ical  not  less 
..than  moral  science,  'f  liisls  the  first  lime  >iiKC  tlie  formation  ii'f  llic  :jo\crtunent  that 
the  slave  power,  while  retaioin;,' its  dislin.-t  political  associations  vvith  the  two  Jtnjiit 
ikbtional  parties,  has  been  able  to  seize  and  to  sway  tiiosceptrea  of  each.,  tflJie  peo- 
.^ple  ofthe  free^tales  understaudand  pertbrm  tlietr  duty,  sucil  an  exhibition  w-ili  never 
;,agaiUjbe  witnessed-"  ,.  , 

^■^"Mr^ifrisiStirit,  tlie'^  are  woMs  of  fearlVil  omen.  We  ai-e  alrca- 
^■^y^avvtire  th'af  ten  States'of  thPs  tonfederacy  have,  through  their 
legislative  assembliesj  called  Upon  their  representatives  in  Con- 
gress ,to  maintain  this  inlenliet  against  the  extension  Of  seulhet-n 
'  institutions  to  the  neW  teri-itories.     And  here  we  have 'a  procla- 


mation by  a  party  said  to  be  of  formidable  numbers,  in  the  great 

State  of  New  Y'ork,  separating  themselves  from  all  lormftr  politi- 

.  cal  alliance,  arrayed  under  leaders  of  known  distinction,  burying 

.  all  former  topics  of  political   dissension,  and   proclaiming  as  tKo 

,  great, bond  of  ftiiurc  union  exterminating  war  to  "  slave  power.'* 

Xn^  for  wh-at  objects  is  a  party  to  be  thus  marshalled  ?     For  tho 

public   weal — the  common  good?     Sir,  let  not  words  so  dear  to 

.republicans  he  profaned  hy  such  unholy  perversion.     T''  advance 

the  cause  of  freedom  and  free  government '?     No,  no  !     When  was 

freedom  born  of  tyranny — whether  it  be  the  tyranny  of  one,  or* of 

many. 

Tito  evil  day  long  looked  for  and  dreaded  by  the  sages  and  pat- 
riots of  the  lantl  dawns  darkly  through  th  s  proclamation— when 
a  line  shall  be  drawn  between  the  North  anti  South,  and  a  parly 
resting  on  geographical  division  alone  shall  march  tip  to  it  as  the 
line  of  power.  This  is  the  party  which  the  Utica  manifesto  seets 
to  rally. 

Mr.  Prei-idcnt,  I  appeal  to  the  States  of  New  England.  Will 
they  lend  themselves  to  minister  to  the  lust  of  dominion,  which 
alone  actuates  this  northern  schism?  To  Massachusetts,  Con- 
necticut, and  Rhode  Island.  To  Vermont,  which  sprung  from  tlie 
loins  of  New  York,  iniilst  the  throes  of  the  Rcvolniinn,  as  tho 
labled  goddess  from  tho  head  of  Jupiter,  fully  armed  for  the  coin- 
bat. 

Sir,  if  the  appeal  be  vain,  and  the  conquest  be  achieved  by  their 
.aid,  it  needs  no  Cassandra  gift  to  foretell  what  their  doom  shitll 
be  when  the  battle  is  fought  and  the  Guarantees  of  the  eonstitntioii 
are  broken  down  and  destroyed.  They  will  share  the  fate  of  all 
weaker  allies.  The  bonds  of  the  federal  Union  violently  disrnji- 
tured,  what  shall  keep  these  hutuhler  planets  in  the  independence 
of  appropriate  orbits.  Let  iheui  look  at  the  power,  wealth,  and 
position  of  their  self-p.  oclaimed  leader,  .already  rejoicing  in  tho 
proud  distinction  of  the  "'  Empire  State,"  as  it  is  o.stentatioosly 
pourtrayed  at  Ulica,  and  see  in  it  their  own  hopeless  and  descrvtid 
annihilation  wheii  the  work  of  disunion  is  .achieved.  Yes,  sir,  New 
York  will  then  stand  amongst  them  as  the  "  chief,"  anti  they  Ulu 
'  vassal  republics.  ti 

I  quote  from  the  Utica  address  :  .  ^ 

"  New  York,, with  a  territory  jiossessing  boundless  advant.a^cs  for  foreign  and  in- 
ternal traile.;  with  a  temperate'and  healthful  sky.  and  with  eTtcnsivediHtncts  dfftr- 
tilo  soils  ;  with  abnnijivnt  snpplips  of  salt  and  iron  and  [icculiar  facilities  forevety  kisd 
of  inaniifacturinj,' inihlstry  ;  with  a  population  greater  now  than  that  of  .Enfrlaudjt 
the  eraof  Aiuerjcan  colonization,  and  wliicll  may  well  be  incrc-csed  wilbin  tier  bor- 
ders to  four  limes  it-s  present  nuniber ;  with  several  marts  of  internal  trade,  nunlberin:; 
respectively  froni  twenty  to  llfly  thousand  inhabitants;  and,  lowerlo;!  above  Iheni 
all.  in  i|ueenlT  pride,  the  commercial  metropolis  of  this  bemisphere ;  with  a  form^n 
roiiimcrce  tliiit  brinys  to  the  federal  frov«rnioent  more  than  onc-thiril  of  ils  revenue, 
by  imposts  ;  wiUi  the.se  resources  in  possession  and  in  prospect,  what  shall  hinder  he-, 
it  the  nulliticrs  of  the  con.titnlion  and  the  abolitionists  of  fr'.<..loin — lite  blind  lewlirrs 
ofthe  blind— shall,  by  accident  or  de.sii^n,  drive  on  tiietf  Iblloyrpns  to  Ibe  sir^  and  fppy 
of  secession,  from  being  and  reniainin:  tho  chief  ut'..tlVjtta)l(.;e9iiblif:iiillf|  w^ifli 
Iho  American  States  will  then  be  parcelled  out."  '^,'\  ,'      ,  -, 

But,  sir,  I  pursue  this  ungrateful  theme  no  further.  I  j-et  COB- 
lide  in  the  regenerative  spirit  of  republican  virtue  at  tho  North  to 
consign  to  deserved  obloquy  this  first  attempt  to  array  the  repub- 
lics of  the  confedracy  against  each  other  in  a  sheer  struggle  foe 
power. 

On  motion  by  Mr.  JOHNSON;  b'f  Geofgia,  it  was 

Ordered,  That  the  further  consideration  of  this  bill  bo  postfioned 
until  to-monow. 


MESS-4GE  FRO.II    THE  PRESIDE.N'T. 


H 


The  following  message  was  received  from  the  President  of  the 
United  States  by  Mr.  Walker,  his  Secretary:  ilq 

Mr.  l*re.ident :  The  President  of  the  United  Slates  approved  anif'^iirnwl  Ibe  Wh 
Jnly,  the  hill  supplemental  to  theact  passed  on  the  ytli  day  of  July,  iff  tbfc  y'--a*- Jftjti, 
enriiled  "  \n  act  to  retrocede  the  cou.ity  of  Ale-xandria,  in  tbe  Uistrict  of  Columbia, 
to  the  Stale  of  Virginia  ;"  also  a  resolution  in  relation  to  the  naval  pension  of  John 


IMcCIair. 


NAV.IL   APPROPRIATION    BILL. 


The  Senate  resumed,  as  in  Committee  of  the  Whole,  tho  con- 
sideration of  the  bill  making  appropriations  for  the  naval  scrvicp 
for  the  year  ending  the  30th  June,  1849.  .     i 

The  amendments  reported  from  the  Committee  On  Fiii^ifce 
•were  read.  '  .  ,  ■ 

Mr.  ATHERTON  proposed  brielly  to  ex)>laih  the  nature  of  the 
amendment  and  some  others  the  oomraitteohad  recommended,  in 
regard  to  marine  hospitals.  There  were  several  provisions  in  re- 
gard to  the  furnishing  and  erection  of  marine  hospitals  in  the  bill 
which  had  received,  as  regarded  the  nature  of  the  expenditure 
proposed,  the  assent  ofthe  committee  as  to  the  propriety  of  tho 
expenditure.  But  the  committee  had  thought  it  prupef,  inas- 
much as  this  sort  of  expenditure  did  not  belong  to  the  naval  ap- 
propriation bill,  that  all  the  provisions  in  regard  to  ma,rinc  hospi- 
tals, and  those  which  hereafter  might  receive  the  assent  of  the 
Senate,  should  be  inserted  in  the  diplomatic  appropriation  bill 
where  they  properly  belonged.  Marine  hospitals,  as  Senators 
knew,  stood  on  diSercnt  ground  from  naval  hospitals.  This,  per- 
haps, was  the  first  time  that  provisions  for  the  lurnisbing  of  marioe 
hospitals  had  been  introduced  into  the  naval  appropriation  hdl. 

As  regarded  the  provisions  of  the  bill  for  marine  hospitals,  there 
was  one  clause  for  furnishiug  the  marine  hospital  at  New  Orleans, 
which  was  undoubtedly  proper  in  the  proper  place.  ^Uso  those 
relating- to  repairs  upon  the  marine  hospitals  at  Norfolk  and  Mo- 
bile. These  repairs  were  proper,  but  as  the  committee  went  up- 
on tho  principle  that  this  species  of  expenditures  should  not  bo  in- 


30th  Cong. — 1st  Session — No.  106. 


'^44  THE  OREGON  BILL; 

.duced  into  the  naval  appropriation  bill,  they  were  stricken  out.  He  diil  not  see  t 

lere  was  also  a  clause  appropriating  for  the  completion  of  ma-      and  he  warned  the 


ITHmSDAY, 


troi 

rine'hos'p'itaT5''at"PittsburRh',  Cieveland,  aud  Louisvdle,  ten  thou- 
sand dollars  for  each,  after  these  works  had  been  already  com- 
menced, and  there  was  no  doubt  of  an  appropriation  to  comrleto 
them  With  reference  to  the  other  proposed  expenditures  in  the 
marine  hospitals,  considering  all  the  conditions  of  the  marine  hos- 
pital fund,  it  was  thought  injudicious  to  authorize  these  expendi- 
tures in  tills  or  any  other  bill  at  the  present  time.  There  were 
ci<Tht  marine  hospitals  proposed  here  on  the  western  waters  :  the 
number  on  the  Atlantic  coast  was  seven.  In  regard  to  the  special 
fund  he  would  sav  that  it  was  well  known  that  the  marine  hospi- 
tal fund  had  to  be' supplied  by  yearly  appropriations  at  the  rate  ot 
some  years  past  of  about  twenty  thousand  dollars  a  year.  Ihere 
was  allotted  for  the  fund  yearly  from  sevcnty.live  to  one  hundred 
thousand  dollars.  It  was  the  opinion  of  those  who  were  best 
versed  in  these  matters,  that  the  erection  of  these  hospitals,  on 
these  new  sites,  at  the  present  time,  would  increase  the  expense 
of  takin'Tcare  of  the  sick  and  disabled  seat^ien  who  were  entitled 
to  the  relief  of  this  fund,  instead  of  diminishing  It- 

At  St  Louis  provisions  were  made  lor  expendinff  money  tor  the 
relief  of  sick  seamen  on  very  favorable  terms— lar  less  than  could 
be  done  if  a  hospital  was  provided.  There  was  a  contract  by 
which  the  seamen  were  taken  care  of  at  the  rate  ol  three  dollars 
per  man  weekly,  which  was  a  smaller  amount  than  the  expense 
Incurred  at  hospitals  in  charge  of  the  United  States.  Was  it  ex- 
pedient, he  would  ask,  at  the  present  time,  to  run  the  risk  ol  dis- 
sipatin"  this  beneficent  fund  in  the  manner  in  which  he  thought  it 
would  be  if  all  these  hospitals  were  to  be  immediately  completed 
at  the  expense  of  the  United  States.  In  regard  to  the  three  hos- 
pitals already  commenced  at  Pittsburgh,  Cleveland,  and  Louis- 
vilh,  he  thought  there  was  very  little  doubt  provisions  should  bo 
made  for  their  completion. 

Mr.  JOHNSON,  of  Louisiana,  hoped  that  the  appropriation 
for  the  completion  of  the  hospital  at  New  Orleans  would  not  be 
stricken  out.  This  appropriation  w:is  recominonded  by  the  de- 
partment, and  was  necessary  to  liiiish  the  building.  The  honora- 
ble Senator  admitted  that  the  appropriation  was  necessary  and 
important,  but  desired  it  to  be  thrown  out  of  the  bill  simply  be- 
cause it  was  not  in  its  appropriate  and  befitting  place.  He  trusted 
that  appropriation  would  be  allowed  to  remain. 

Mr.  DAVIS,  of  Mississsippi,  remarked  that  the  chairman  of 
the  Committee  on  Finance  had  made  a  report,  or  thought  it  ne- 
cessary to  make  a  motion  now  to  reject  these  appropriations  sim- 
ply on  the  cround  of  the  impropriety  of  inserting  them  in  the  na- 
val appropriation  hill,  instead  of  the  naval  and  diplomatic  bill. 
It  seemed  to  him  that  he  had  presented  a  very  small  obstacle  in 
the  way  of  a  great  object.  If  the  chairman  of  the  Committee  on 
Finance  had  s'liid,  that  his  object  in  rejecting  these  appropriations 
was  to  keep  down  the  disbursements  of  the  Navy  Department,  he 
could  have  admitted  the  reasonableness  of  the  suggestion  very 
readily,  though  he  would  have  replied  to  him  that  they  had  gained 
much  more  from  this  fund  in  former  times  than  they  could  loose 
now.  If  this  item  in  the  appropriation  was  stricken  out,  it  would 
be  impossible  to  obtain  an  appropriation  at  the  present  session  of 
Congress.  There  was  a  hospital  then  waiting  for  an  appropria- 
tion to  have  it  completed  at  Natchez,  which  was  greatly  needed 
for  the  use  of  sick  seamen,  many  of  whom  were  now  thrown  upon 
the  charity  of  the  town,  by  whom  large  expenditures  were  made. 
He  did  hope  that  the  Senator  would  not  insist  upon  his  motion,  as 
It  was  merely  a  matter  of  form.  The  fact  was  the  marine  hos- 
pital was  more  intimately  connected  with  the  Navy  Department 
ol  the  United  States,  than  with  the  civil  and  diplomatic  depart- 
ment. It  was  under  the  charge  of  the  Treasury  it  was  true,  but 
it  belonged  to  the  commerce  of  the  Uni'ed  States,  the  great  ma- 
rine of  the  country,  the  source  from  which  the  navy  derived  its 
supplies,  in  time  of  war  and  in  time  ol  peace. 

Mr.  PHELPS  had  occasion  to  regret  the  disposition  which 
sometimes  manifested  itself  of  loading  down  the  ordinary  appro- 
priation bills  with  matters  that  did  not  properly  belong  to  them. 
If  he  understood  the  character  of  the  bill,  it  was  intended  for  the 
exclusive  benefit  of  commercial  seamen.  He  thought  that  an  ap- 
propriation bill  should  not  bo  made  up  of  hills  of  a  dissimiliar  cha- 
racter. If  the  sense  of  the  Senate  was  in  favor  of  the  appropria- 
tion, it  could  only  be  made  in  its  more  appropriate  and  proper 
form.  The  House,  if  in  favor  of  the  appropriatioti  would  undoubt- 
edly pass  It. 

Mr.  BREESE. — It  appears  from  the  argument  of  the  chairman 
of  the  Committee  on  Finance,  and  of  the  Senator  from  Vermont, 
[Mr.  Phei.ps.]  that  the  objections  which  they  entertain  to  these 
appropriations  are  wholly  teobnieal.  They  have  not  atlaekcd  the 
objects  ;  they  have  not  said  they  were  not  important  ;  but,  con- 
ceding that  point,  lliey  insist  that  they  are  out  of  place  ;  that  they 
should  not  be  in  the  naval  appropriation  bill,  as  the  marine  hospi- 
tals were  under  the  cliargo  ot  the  Secretary  of  the  Treasury.  That 
was  true.  They  are  under  the  charge  oi'  the  Trea'-ury,  but  that 
did  not  furnish  a  valid  objection  to  the  place  in  wliieb  the  appro- 
priation is  now  found.  These  hospitals  h:id  all,  save  one,  iieen 
estimated  for  as  far  back  as  1837.  Some  of  them  are  in  a  course 
of  being  erected,  and  the  sites  of  others  luucluised  by  the  govern- 
ment. The  .site  at  Chicago  is  owned  by  the  government,  and 
although  no  estimates  are  made  for  that,  the  lenson  of  the  oniis- 
.■(ion  is  found  in  the  fact,  that  in  ]f<37,  Lake  IMichigun  had  no  com- 
merce. Now,  many  thousand  seamen  aic  cm|iloypd  upon  it,  ex- 
posed to  sickness,  and  requiring  shelter,  medicine^  and  care. 


He  did  not  see  the  propriety  of  striking  them  out  of  this  bill  ; 
„..d  he  warned  the  Senators  who  were  interested  in  them,  if  they 
are  stricken  out,  no  appropriation  will  be  made  for  them  this  ses- 
sion. And  if  they  are  in  the  wrong  place,  he  said,  it  was  better, 
in  his  opinion,  that  they  should  be  in  a  wrong  place  rather  than  in 
no  ))lace  at  all,  and  hoped  the  Senate  would  retain  the  appropria- 
tions where  they  are  found,  coming  as  they  do  from  the  House, 
holding  the  purse-strings  of  the  nation. 

Mr.  UNDERWOOD  recnilected  perfectly  well  the  bill  they 
had  in  the  other  end  of  the  capitol.  when  appropriations  were  ori- 
ginally made  for  purchasing  sites  and  locating  these  marine  hos- 
pitals upon  the  Mississippi  and  Ohio  rivers.  The  condition  of  the 
western  boatmen  on  the  western  waters,  was  brought  to  the  no- 
tice of  Congress,  and  regarded  as  presenting  an  absolute  neces- 
sty  for  such  appropriations.  He  had  seen  men  die  in  log  huts  on 
the  banks  of  these  rivers  for  the  want  of  the  necessary  attention 
they  required  ;  and  was  of  course  convinced  they  need  ample  and 
comfortable  accommodations  furnished  for  their  relief.  In  view 
of  this  state  of  things,  Congress  ten  years  ago  was  induced  to  put 
on  foot  a  state  of  things  which  could  give  to  these  boatmen  the  re- 
lief they  needed.  But  the  subject  has  been  neglected  from  that 
day  to  this  Now,  when  they  were  making  further  advances  to 
remedy  the  evil,  they  were  told,  this  was  not  the  proper  place  for 
them.  When  and  in  what  form  could  that  appropriate  opportu- 
nity be  atforded  for  making  this  necessary  appropriations  ?  Ap 
propriations  were,  as  he  understood  the  matter,  to  be  made  in  ful- 
filment of  existing  laws.  The-e  were  entire  new  objects  in  the 
bill  before  them,  for  which  appropriations  were  asked,  appropri- 
ations not  heretofore  authorized  by  existing  laws,  as  for  instance, 
the  purchase  of  land  at  Brooklyn.  These  objects  for  appropria- 
tion in  the  bill  then,  although  not  according  with  the  rule  to  make 
no  appropriations  where  no  existing  law  permitted  them  to  be 
made  ;  and  the  appropriation  for  the  marine  hospital  was  struck 
out,  although  there  was  an  existing  law  authorizing  it,  because  it 
was  not  ill  its  proper  place.  Unless  gentlemen  intend  to  abandon 
the  system  adopted  some  ten  years  ago,  he  hoped  they  would  go 
on  and  vote  the  appropriation. 

Mr.  D.WIS,  of  Massachusetts,  stated  that  there  were  two 
classes  of  hospitals,  one  for  naval  the  other  for  civil  service.  Those 
for  naval  .service  were  called  naval  hospitals;  those  for  seamen  or 
civil  service  were  called  marine  hospitals.  The  first  class  was 
supported  by  appropriations  from  the  government,  for  the  benefit 
of  the  seamen  employed  in  the  service  of  the  government;  the 
second  was  supported  by  a  tax  levied  on  seamen  of  a  certain  class; 
another  class  being  exempt  from  the  payment.  But  all  classes  of 
seamen  in  any  foreign  service,  except  those  engaged  m  fishery, 
were  required  to  pay  out  of  their  wages— and  the  ships  was  made 
responsible  fur  it— twenty  cents  a  month  to  support  these  marine 
hospitals.  Sometimes  these  funds  were  inadequate  to  meet  the 
wants  of  seamen,  especially  in  a  sickly  climate.  The  only  incon- 
venience he  supposed  in  this  matter  would  be  the  transferring  of 
the  accounts  from  the  charge  of  the  Seeretaiy  of  the  Treasury  to 
the  Secretary  of  the  Navy,  when,  of  course,  a  new  set  of  books 
would  have  to  be  opened  in  the  latter  department.  He  was  desir- 
ous of  seeing  the  sick  seamen  in  all  parts  of  the  country  comforta- 
bly provided^for;  and  he  would  go  for  disbursing  money  for  hospi- 
tals wherever  the  exigencies  of  cases  might  require  it. 

Mr.  BENTON  urged  that  the  former  policy  of  the  government 
ir  relation  to  this  subject  be  adhered  to.  Some  years  ago  Con- 
gress had  considered  the  question  in  all  its  aspects  and  bearings 
as  a  system.  According  to  this  system,  all  boatmen  upon 
the  western  waters,  river-faring  as  well  as  sea-laring  men — 
whether  in  a  boat  or  upon  a  rait,  or  hanging  to  a  flat,  or  on  board 
ships,  they  were  tosether  in  the  law  which  took  twenty  cents  a 
month  out  of  their  pockets,  and  which  entitled  them  to  benefit  ol 
hospitals,  and  attendance  when  sick.  In  reference  to  the  sugges- 
tion of  the  claim  of  the  committee,  that  they  were  having  sick 
seamen  taken  care  of  in  St.  Louis  at  a  cheaper  rate  by  contract, 
than  could  be  done  bv  furnishing  a  hospital,  he  would  say  that  the 
contract  was  entered  into  by  the  Sisters  of  Chanty,  who,  in  the 
absence  ofanv  United  States  institution,  had  kindlv  undertaken  to 
take  care  of  t"hem  at  a  mere  modicum  or  fraction,  in  proportion  to 
what  the  labor  and  attention  given  was  worth.  Novi-,  when  the 
Si;:ters  of  Charity  had  been  so  kind  as  to  help  the  government 
along  in  this  matter,  it  was  urged  we  should  do  nothing  more  be- 
cause these  sisters  were  doing  so  much. 

Mr.  DOWNS  rose  to  express  his  astonishment  at  the  position 
which  had  been  so  suddenly  taken  in  relation  to  this  bill.  Gentle- 
men admitted  the  appropriation  was  right,  but  say  they,  it  is  not 
in  its  proper  place.  Was  there  any  law,  he  would  inquire,  for 
makiuL' appriations  under  particular  names!  If  money  was  ap- 
propriated for  certain  purposes,  he  did  not  think  it  very  material 
whether  the  appropriations  were  made  in  one  particular  bill  or 
another.  Bui  the  Senator  from  New  Hampshire  seemed  to  have 
some  other  objection  to  the  appropriation  than  that  of  its  being  in 
an  improper  jilace.  He  seemed  to  think  that  the  object  of  provid- 
ing for  tlic  sick  could  bo  attained  cheaper  without  hospitals.  He 
also  appeared  to  consider  that  they  are  being  multiplied  too  fast 
at  the  West.  He  could  say  that  in  New  Orleans  a  private  hospi- 
tal had  boon  taken  at  very  ureat  expense  during  the  lime  that  this 
hospital  was  being  built.  In  the  absence  of  the  proper  appropi'ia- 
tiimsA>r  furnishing  it,  the  oliieers  of  the  army  had  taken  charge 
of  it.     What  he  desired  was,  that  the  appropriation  made  for  fur- 


Jt'tY    6.]' 


THE  OREGON  BILL. 


843 


Dishing  it  should  be  allowed,  and  not  suffer  the  building  to  stand 
and  rot. 

Mr.  SEBASTIAN  desired  before  the  question  was  taken  to 
make  one  or  two  remarks.  It  really  appeared  to  him  tat  the  dis- 
cussion which  had  arisen  on  the  subject,  was  worthy  of  the  im- 
portance of  the  appropriation  contained  in  tlie  bill.  This  appro- 
priation had  been  placed  in  the  bill,  in  pursuance  of  the  original 
and  what  might  now  be  considered  the  fixed  policy  of  this  govern- 
ment— a  policy  settled  upon  after  elaborate  argument  and  debate. 
It  was  unsafe,  he  thought,  to  allow  a  mere  matter  of  form  to  un- 
settle a  tixcd  policy  of  the  government.  The  tpiestion  raised  was 
as  to  the  propriety  of  passing  the  appropriation  asked  for  in  the 
naval  appropriation  bill.  He  was  not  sufficiently  well  acquainted 
with  the  character  of  the  division  of  matter  between  the  several 
committees,  but  it  struck  him  very  firmly  that  the  present  appro- 
priation had  a  more  direct  reference  to  the  Committee  on  Naval 
Aft'airs  than  it  had  to  any  other  committee.  He  could  not  see  the 
propriety  of  inserting  the  appropriation  in  the  civil  and  aiplomatic 
bill;  it  appeared  to  him  entirely  foreign  in  its  character  to  the  gen- 
eral items  composing  this  bill.  Whether  the  power  of  making  this 
appropriation  was  vested  ni  the  power  of  maintaining  a  navy  or  to 
neglect  commerce  between  States,  he  thought  in  either  ease  it  had 
a  more  direct  reference  to  the  bill  before  the  Senate.  He  regard- 
ed the  objection  as  one  of  form,  intended  to  defeat  a  matter  of  sub- 
stance. He  thought  it  impossible  to  have  it  attached  to  any  other 
bill  at  this  session.  Although  the  honorable  chairman  proposed  to 
attach  this  appropriation  to  a  ditterent  bill,  yet  he  did  nut  propose 
to  embrace  all  the  items  for  supplies  contained  in  tins  appropria- 
tion only  these  which  ho  thought  most  important,  leaving  out  some 
three  or  four  measures  which  he  did  not  consider  important.  In 
the  House,  objections  had  been  made  to  the  furnishing  of  these  sup- 
plies, but  they  had  finally  agreed  to  return  them  in  the  bill;  it 
would  therefore  be  dangerous  to  divorce  this  appropriation  from 
the  bill. 

Mr.  WESTCOTT  should  vote  for  this  appropriation,  and  vote 
for  it  with  peculiar  pleasure  in  this  bill.  The  luiul  produced  by 
the  twenty  cents  per  month,  exacted  by  law  from  sailors  in  tlio 
marine  and  merchant  service  of  the  United  States,  in  his  humble 
opinion  had  been  hitherto  grossly  misappropriated.  One  means 
by  which  that  misappropriation  had  been  ocoasioncd  was  by  its 
division,  first  into  ajiaval  and  then  a  marine  hospital  fund  crea- 
ting a  distinction  between  the  sailors  of  the  commercial  marine  and 
these  of  the  naval  service.  The  consequence  had  been  that  two 
sets  of  hospitals  had  been  erected.  He  was  in  favor  of  consolida- 
ting these  two  branches  of  expenditure.  He  had  been  informed 
that  this  division  in  the  hospital  fund,  and  these  two  classes  of  hos- 
pitals was  the  fault  of  the  navy.  He  wanted  to  correct  that  fault 
and  consolidate  the  two  classes;  and  he  should  vote  for  that  appro- 
priation because  in  its  passage  he  saw  some  hopes  of  consolidation. 

Mr.  BORLAND  was  not  desirous  of  prolonging  the  debate, 
though  he  could  not  forbear  at  least  entering  his  protest  against 
the  motion  to  strike  out.  The  ground  of  opposition  urged  against 
the  appropriation  was  that  it  was  not  in  its  appropriate  place. 
The  silence  of  gentUman  proved  an  acquiescence  in  the  general 
sentiment  that  this  appropriation  was  proper.  For  a  great  num. 
ber  of  years  the  tax  of  twenty  cents  alluded  to  had  been  paid  by 
their  citizens,  and  the  amount  of  money  thus  collected  had  been 
increasing  with  the  extension  of  commerce  on  the  western  waters, 
and  yet  not  one  dollar  of  those  contributions  had  been  appropriated 
for  their  benefit.  On  the  other  hand,  the  hospitals  on  the  Atlantic 
coast  had  been  in  a  great  degree  supported  by  these  collections  in 
the  West.  The  appropriation  heretofore  had  been  made  Ibr  marine 
hospitals  on  the  Atlantic  coast,  and  none  made  for  hospitals  in  the 
Mississippi  valley.  Therefore  they  of  the  West  felt  that  they  had 
a  perfect  right  to  come  forward  and  say  that  their  due  proportion 
of  this  fund,  the  result  in  part  of  their  contjibutions  for  so  many 
years  should  be  withheld  no  longer.  The  call  was  more  pressing 
in  the  West  for  the  aid  of  sick  and  disabled  navigators,  for  the 
loss  of  navigation  was  far  greater  than  upon  the  Atlantic  coast, 
and  indeed,  a  larger  class  subject  to  disease  on  account  of  the  cli- 
mate. In  regard  to  one  of  the  appropriation  funds  a  marine  hos. 
pital  in  the  time  of  Napoleon,  he  would  say  that  heretofore  appro- 
priations had  not  been  withheld  because  the  title  to  the  sight  of 
the  hospital  had  not  been  secured.  The  title,  however,  was  now 
complete,  and  the  work  ready  to  go  on. 

Mr.  STURGEON  stated  that  several  of  these  hospitals  had 
been  waiting  for  appropriations  for  their  completion  for  several 
years.  He  thought  the  propriety  of  hospitals  particularly  on  the 
Ohio  and  Mississippi  rivers  could  not  be  questioned.  He  hoped 
ike  appropriation  would  be  allowed. 

Mr.  PHELPS  thought  that  this  appropriation  belonged  in  the 
civil  and  diplomatic  bill,  and  if  so,  it  should  bo  inserted  in  it. 
Who  was  authorized  to  say  that  the  appropriation  would  be  lost 
if  not  inserted  in  this  bill  ?  It  had  been  the  habit  of  the  gentleman 
from  the  first  to  make  the  necessary  appropriations  for  various 
paupers  entirely  distinct  from  themselves,  for  the  reason  that  the 
expenditures  of  each  department  were  subject  to  the  control 
of  the  law  of  that  department.  Did  any  one  suppose  that  we 
could  embrace  all  our  appropriations  in  one  bill  indiscriminately. 
Was  not  such  restrictions  necessary  in  order  to  the  regular  action 
of  the  Executive  department  ?  We  gave  to  each  department  cer. 
tain  duties,  and  made  them  strictly  responsible  for  their  perform- 
ance. Any  intermixture  of  accounts  as  would  occur  by  the  passage 
of  the  appropriation  in  this  bill  would  tend  to  embarrassment  and 


confusion  in  the  departinenls.  This  appropriation  was  connected 
with  the  commerce  of  the  country,  and  had  uo  sort  of  connection 
with  the  naval  power.  Proper  arran>i:cments  of  appropriations 
should  be  made  and  observed.  The  result  in  this  case  would  be, 
tliat  the  keeping  of  these  acciunts  would  seem  to  bo  Iranferred  to 
the  charge  of  the  Secretary  of  the  Na\'j'.  All  these  forms  wert- 
indispensable  in  order  to  a  correct  transaction  of  the  business  of 
the  several  departments. 

Mr  UNDERWOOD  wished  to  say  a  word  in  reply  to  his  friend 
from  Vermont.  He  did  not  see,  if  they  kept  cither  appropriation  for 
the  marine  hospitals  in  the  present  bill,  how  it  would  embarrais 
the  officer  of  the  treasury  in  keeping  his  accounts  at  all  How 
would  it  embarrass  ihcm  any  inure  in  keeping  them  in  the  Treasu- 
ty  Department  than  if  you  were  to  withdraw  it  from  this  bill  and 
put  it  in  the  civil  and  diplomatic  bill  ?  When  this  bill  was  passed 
would  not  each  pavlicular  bureau  select  every  item  of  appropria- 
tion  which  properly  belonged  to  it  ?  If  they  were  to  pass  all  the 
ditlcrent  appropriations  in  one  bill  would  not  the  dillercot  parts  of 
these  bills  be  selected  at  the  various  departments  and  distrib 
utcdl 

On  motion  by  Mr.  HANNEGAN,  it  was 

Ordered,  That  the  further  consideration  of  the  bill  be  postponed 
until  to-morrow.  >■-■■•]■■,<'■.,,  .. 

MESSAGE    FROM    THE    PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  Slates  by  Mr.  Walker,  his  Secretary  : 

To  the  Hettatc  and  Llou.fc  vf  Representatives  of  the  L'nitcd  f>lat€/r  : 

I  lay  befure  Congress  copit-s  of  a  treaty  of  peace,  friendsliip,  limits,  and  wtlJemeDt 
between  the  L^nited  States  and  the  Mexican  republic,  the  ralificalions  of  which  were 
duly  exchanged  at  the  city  oftiiieretaro.  in  Mexico,  on  the  30lh  day  of  May.  184H. 

The  w.nriii  wliich  our  country  \\  a*  reluctantly  involved  in  the  necessary  vindicalion 
of  the  national  rights  and  honor  has  been  tlius  terminated,  and  I  congratulate  Con 
gress  and  our  common  constituents  upon  the  restoration  of  an  honorable  poaco. 

The  extensive  and  valuable  territories  ceded  by  Mexico  to  the  United  States  tonsli- 
tnle  indemuity  for  the  past,  and  the  brilliant  achievements  and  signal  successes  of  our 
arms  will  be  a  guaranty  of  security  for  the  future,  by  convincing  ail  nations  thai  our 
rights  must  be  respected.  The  results  of  the  war  with  Mexico  have  given  to  the  L'oi- 
ted  States  a  national  eliaracter  abroad  which  our  country  never  befor«eujoyed.  Out 
power  and  our  resoorces  have  become  known  and  are  respected  thronghout  the  world. 
and  wo  shall  probably  be  saved  fiom  the  necessity  of  engaging  in  another  foreign  war 
for  a  long  series  of  years. 

It  is  a  subject  of  congrntnlation  that  wo  have  passed  thtongli  a  war  of  more  than 
twd  years'  duration,  with  the  business  of  the  country  uninterrupted,  nnexhausteti 
With  our  resources  aud  the  public  credit  unimpaired. 

I  communicate  for  the  information  of  (congress,  the  accompanying  docnments  and 
corre..pondence,  relating  to  the  negotiation  and  ratitication  of  iho  treaty. 

Bclore  the  treaty  can  be  fully  c.veculcti  on  the  part  of  the  linilesl  Slates,  legislation 
will  be  required.  It  will  be  proper  to  make  the  necessary  appropriations  for  the  pay- 
ment of  the  S12,000,01H1,  stipulated  by  the  litli  article.  It}  be  paid  to  Mexico  10  four 
equal  annual  instalments.  Three  millions  of  dollars  were  appropriated  by  the  act  ol 
March  :i,  1847,  and  that  sum  was  paidto  the  Mexican  government  after  the  exchanje 
of  the  ratifications  of  the  treaty. 

The  5tli  article  of  the  treaty  [:rovides  that  "in  order  to  designaie  tbe  boundary  hoc, 
with  dne  precision,  upon  authoritative  maps,  and  to  establish  upon  the  ground  land, 
marks  which  shall  show  the  limits  of  iiotli  republics,  as  described  in  the  present  arti- 
cle the  two  govemineiils  shall  each  appoint  a  cominissioner  and  a  surveyor,  who  l>e- 
fore  the  expiration  of  one  year  from  the  date  of  the  exchange  of  ratifications  of  this 
treaty  shall  meet  at  the  port  of  San  Diego,  and  proceed,  to  ion,  and  mark  the  s.iid 
boundary  in  its  whole  course  to  the  mouth  of  the  Rio  Bravo  del  Norte."  It  will  be 
necessary  that  provision  sliould  be  made  by  law  for  the  apjiointment  of  a  com-iii»'iou. 
ei  and  a  surveyor  ou  the  part  of  the  lluited  States  to  act  in  conjunction  with  a  coui. 
niissiuner  and  surveyor  appointed  by  Mexico,  in  executing  the  supnlatiou  ol  this  ar- 
ticle. 

It  will  be  proper  also  to  provide  by  law  for  the  appointment  of  a  board  of  csmnibi- 
sioners,  to  adjudicate  and  decide  upon  all  claims  oi'  our  citizens,  agiinst  die  Mexicau 
governilient,  which  by  the  treaty  have  been  assumerl  by  the  L'mted  States. 

New  Mexico  and  Upper  Ualiibrnia  have  been  ceded  by  iVlexicoto  the  United  StAt«s 
and  now  constitute  a  part  of  our  country.  Embiaciiig  ueaily  ten  degrees  ol'iatitufle. 
lying  adjacent  to  the  Oregon  territory,  and  extending  Irom  the  Pacific  ocean  to  the 
Rio  lirunde — a  mean  distance  of  nearly  J.tMHl  miles,  it  would  be  ditficnit  to  estimate 
the  value  of  these  possessions  to  the  United  Stales.  TIloy  constitute  of  themselves  a 
country  large  enough  for  a  great  empire,  and  their  acquisition  is  second  only  in  im. 
portance  to  that  of  Louisiana  in  18113.  Rich  in  mineral  and  agricoltural  resources, 
with  a  climate  of  great  salubrity,  they  embrace  the  most  important  poru  on  the  whole 
Pacific  coast  of  the  continent  of  Norlh  America,  The  possession  of  the  potL.  ofSisn 
Diego,  Monterey,  and  the  bay  of  Sau  Francisco  will  enable  the  United  States  to  coiu- 
niaiid  the  already  valnabie  and  rapidly  incre;'sing  commerce  of  the  Pacific,  The 
iiuiiiber  of  our  whale-ships  alone,  now  employed  in  that  sea,  exceeds  700.  requiring 
more  than  iiO.DOO  seamen  to  navigate  them,  while  the  capital  investetl  iu  thu  parlicQ- 
lar  branch  of  commerce  is  estimated  at  not  less  than  .^0,000,000. 

The  excellent  harbors  of  Upper  California  will,  under  our  llag,  alTord  secnnty  and 
repose  to  our  commercial  marine,  and  American  mccliani's  will  soon  furuiah  leady 
means  of  ship  budding  and  repair,  winch  are  now  so  much  wanted  m  tJiat  distaat 
sea. 

By 'he  acquisition  of  these  jiosscssions  we  are  brought  inio  immediate  proximity 
Willi  the  west  coasl  of  America,  from  Cape  Horn  to  the  Russian  possessions  north  of 
llregon,  with  the  islands  of  the  Pacific  ocean  ;  and  by  a  direct  voyage  in  steamem  we 
will  be  in  less  than  thirty  days  of  Canton  and  other  parts  of  China. 

In  this  vast  region,  w  hose'ricli  resources  are  soon  to  be  developesi  by  American  en- 
ergy and  enterprise,  great  must  be  the  augmentation  of  ourcomiuerce.  and  with  it  new 
aiid  profitable  demands  for  mechanic  labor  in  all  its  branches,  aud  new  and  valuable 
markets  for  our  manufactures  and  agricultural  products. 

While  the  war  has  been  conducted  with  great  iiumanityand  forbearance,  and  wiUi 
complete  success  on  our  part,  theiieacehas  been  concluded  ou  tenus  the  most  hbejal 
and  magnanimous  to  .Mexico. 

In  her  hands  the  territories  now  ceded  had  lemained,  and  it  is  believed  would  havo^ 
continued  to  remain,  almost  unoccupied,  andof  litUe  value  to  her  or  to  any  other  na- 
tion :  while  as  a  part  of  our  Union  they  will  be  productive  of  vast  benefits  to  the  Uni- 
ted Slates,  to  the  commercial  world,  and  to  the  general  interests  of  mankind. 

The  immediate  establishment  of  territorial  government,  and  tbe  extension  of  out 
laws  over  these  valuable  possessions,  are  deemed  to  be  not  only  important,  but  iudii- 
pensable  to  preserve  order  aud  the  due  administration  of  justice  witbin  their  limiu,  U> 
aftbrd  protection  to  Uie  inhabitants,  and  to  facilitate  the  development  of  the  vast  re- 
sources and  wealth  which  their  acquisition  has  added  to  our  country. 

The  war  with  .Mexico  having  terminated,  the  power  of  the  Executive  to  establish  or 
to  conlinue  temporary  civil  governments  over  Uiese  tenitories.  which  existed  under 
the  laws  of  nations  while  thev  were  regarded  as  conquered  provinces  in  our  milll»ry 
occupation,  has  ceased,  liy'their  cession  to  the  United  Sl.es.  .-Heiico  has  no  longer 
any  power  over  them  ;  and,'  nulil  Congress  shall  .ict,  the  in  labitanu  «;ill  be  withont 
any  organized  government.     ShonW  iTiey  be  left  10  IhlS  VVudlUon,  conlasion  and  as.. 

arch)-  will  b§  likely  to  ptevail, 


844 


THE  OREGON  BILL. 


[THUESDAy^^ 


'  ForeifTti  oommeToe  to  n  considcralile  amonnt  i^  now  carried  on  in  ilie  ports  of  Uppe( 
Galiromia,  which  will  require  to  be  regulated  by  our  laws.  As  soon  ai  gnr.syslem 
shall  V  cxteriileil  prei  tJiis  coinmerce,  a  revenue  of  considerable  amount  will  be  nt 
onot-  collurlfd,  rtnd  it  is  not  doubted  that  it  will  be  annnally  increased.  For  tlieeeand 
oilier  obvioiis  reasons,  I  deprn  it  to  ht^  my  duty  earnestly  to  recommend  tbe  action  oi' 
Coi(*"res>*  oik  tlie  jiibjcot  ntthe  present  session. 

In  otganiKini:  froveniments  over  lliese  territories,  fraoght  with  stjcb  vast  advantages 
|oevery  porlion  of  the  ruioii.  I  invoke  that  sjiirit  of  «'oncession,  coin-Tliation,  and 
compromise  iu  your  deliberations,  in  which  the  eOnstilotion  wa-^  framed,  in  which  it 
should  by  adniJnistered,  and  whiuli  is  so  indispensably  lo  preserve  ami  pfri»etuiiJe  the 
h:uiiioiiy  and  union  of  the  Stales.  We  should  never  t»»ri,'et  that  this  rnioii  of  confe- 
^rated  States  was  eslablished  and  cemented  by  kiudred  blood.,and  iiy  the  eommon 
toils,  sutTerin^'s,  dangers,  and  triumphs  of  all  its  parts,-  and  has  been  the  ever  aug- 
ment in::  source  of  our  national  greatness  and  of  our  blessings.  ■  .  ■ 

There  has.  periiaps.  been  no  pffiod  sini'e  the  warnuii:  so  impressively  given  to  his 
voiiiitryined  by  VVaihiDglon  to  jjnard  nirainst  gengapbitTLl  iir\  i^i^lu^  and  -eiMiounl  par- 
tics,  winch  appeals  with  greater  force  than  the  present  in  "hi-  jv.itrioiir,  sober-minded, 
and  reflecting  of  all  parties  and  of  all  ieettous  of  ourcouutrv.  Who  can  v;dt:nlate  tbe 
value  of  our  glorious  Union  ?  It  is  a  uiot'el  and  example  of  free  governmeul  to  all 
the  world,  and  is  the  s^larof  hope^and  haven  of  rest  to  llie  oppressed  of  every  clime. 
By  its  preservation  we  lia\  <■  been  rapidly  advanced  as  a  nation  to'  a  height  of  streiigthi 
power,  anri  happmess  wtthoot'  a  parallel  iii  the  history  of  the  world.  As  we  extend 
its  blessings  over  new  regions,  shall  we  be  so  unwise  aslo  endanger  its  existence  by 
geoEraphical  divisions  and  dissensions?  ,  .       r, 

Willi  a  view  to  encourage  the  early  settlement  of  these  distant'possRSSions.  I  recorti- 
mend  that  libeial  srant-'^  ot'lhe  public  lands  be  secured  to  all  our  citizens  who  have  set- 
tled, or  riia\'  in  a  tiiiiited  period  sellle,  wilhin  their  limits. 

Ill  exe'Utioii  of  the  provisions  of  the  treaty,  orders  liave  been  issued  to  our  military 
and  naval  forces  to  evacuate;  without  delay,  the  Ma.xican,  provinces,  cities,  towns, 
full  lotlitied  placets  in  our  oiilitary  occupation,  and  which  are  not  embraced  in  the 
territories  ceded  to  thetTnited  State?:  The  nrrtiyis  already  On  its  way  to  ibo  United 
Stales.  That  portion  of  it,  as  well  regulars  as  volunteers,  wbo.eijgaged  to  serve  du- 
rini;  the  war  with  Mexico,  will  be  diitharged  as  soon  as  they  can  be  transported  or 
niarcheii  to  convenient  pointsin  the  vicinity  of  th,eir  homes, :  Apart  of  the  reguiar 
army  will  be  employed  in  New  Mexico  and  Upper  California,  to  aiford  jiroteclion  to 
tlie  iiibabitant^.  and  to  guard  onr  interests  in  those  territories. 

The  old  army,  as  it  existed  before  the  commeneeniriit  of.lhe  war  wilh  Mexico — es* 
ppcially  if  authority  be  given  lo  fill  up  the  rank  and  file  of  the  several  corps  to  the 
maximum  number  authorized  during  the  war — it  is  believed,  will  he  a  sufficient  force 
to  be  retained  in  service  during  a  period  of  peace.  A  fe^v  additional  officers  in  the 
line  and  stall' of  the  army  have  been  authorized  ;  and  tln.'se.  it  is  believed,  will  be  ne- 
cessary in  tlie  peace  establishment,  and  should  be  retained  m  the  service.  The  num- 
ber ol  the  general  officers  may  be  reduced,  as  vacancies  occur  by  the  casualties  of  the; 
service,  lo  what  it  w;ia  before  the  war.  ,  V 

While  the  peo(ile  of  other  countries,  who  live  nnder  forms  of  government  less  fre^ 
tbnn  our  own,  have  been  for  ages  oppressed  by  taxation  to  support  large  standiug  ar- 
mies in  periods  of  peace,  oqrexperieucehas  shown  that  such  eslablishmenis  are  unne- 
cessary in  a  republic.  Our  standing  army  is  to  be  found  in  the  bosom  of  society.  It 
is  composed  of  t'ree  citizens,  who  are  ever  ready  to  take  up  arms  in  the  service  of  their 
country,  when  an  emergency  requires  it.  Our  experience  in  tbe  war  jnst  tjlgsed  fully 
coiilirms  tbe  opinion  that  such  an  army  may  be  raised  upon  a  few  weeks'  notice,  anil 
that  our  citizen-soldiers  are  equal  lo  any  troops  in  tbe  world,  Nq  reason,  therefore, 
is  perceived  why  we  should  enlarge  oar  land  forces,  and  thereby  subject  tlie  Treasury 
to  an  annunl  iiicieased  charge. 

Sound  policy  re*iuires  that  we  should  avoid  the  creation  of  a  large  standing  army  in 
a  period  of  peace.  No  public  exigency  requires  it.  Such  armies  are  not  only  expen- 
sive and  unnecessary,  but  may  become  dangerous  tolibertv- 

Itaside  making  the  necessary  legislative  provisions  for  the  execution  of  the  treaty, 
and  the  cslr.bii>hment  of  territorial  governments  in  the  ceded  connlrv.  we  have,  upon 
tlie  restoration  of  peace,  other  important  duties  lo  perform.  Among  these.  I  regard 
none  as  more  important  Inan  the  .adoption  of  proper  measures  for  the  speedy  extin- 
guishment of  the  national  debt.  It  is  against  sound  policy  and  the  genius  of  our  in- 
stitutions that  a  public  debt  should  be  permitted  to  exist  a  day  longer  than  the  means 
of  the  Treasury  will  enable  the  government  to  pay  it  ofl". 

\Ve  should  adhere  to  the  wise  policy  laid  down  hv  Pre.sident  Washington,  of  '"avoid- 
ing the  accumulation  of  debt,  not  only  by  shunning  occasions  of  expense,  but  by  vig- 
orous exertions  in  lime  of  peace  to  di-scbarge  the  debts  which  ni»avoidable  wars  have 
orca-^ieiied,  not  nngenerously  throwing  upon  posterity  the  burden  we  ourselves  ouobt 
to  lear.'' 

A:  the  commencement  of  the  present  administration  the  public  debt  amounted  to 
S17,7«S,7ilO  6:i.  in  eoosequenceof  the  war  with  jMevico,  it  has  licen  ncce-sarily  in- 
creased, and  now  amountu  to  SlG5.77rf,4;V)  41.  mcludiiig  the  stock  and  Treasury  notes 
which  may  yet  he  issoed  under  the  act  of  Januarv  ^.  1W7,  and  the  sixteen  iudhon 
loan  recently  negotiated  under  the  act  of  March  31,  J848. 

In  arUiuion  to  the  amonnt  of  the  debt,  the  treaty  stipulates  that  twelve  millions  of 
dolhir.  shall  be  paid  to  Mexico  in  four  equal  instalments  of  three  millions  each  ;  the 
first  of  which  will  i;»ll  due  on  tbe;Kltli  of  May,  1849.  The  treaty  also  stipulates  that 
the  United  Stilted  shall  "  assume  and  pay"  to  our  citizens  "  the  claims  already  liqui- 
dated ;ind  decided  against  the  Mexican  republic  ;"  and  "  all  claims  not  heretofore  de- 
cided .-ipamst  the  Mexican  irovernment  to  an  amonnt  not  exceeding  three  and  a  quar- 
ter millions  of  dollars."  The  "liquidated"  claims  of  citizens  of  the  United  States 
against  Mexico,  as  decided  by  the  Joint  board  of  commissioners  under  the  convention 
bMwwn  the  United  States  and  Mexico,  of  the  1 1th  of  April,  183ft.  amounted  to 
Si,02ri,139  6?.  This  sum  was  payable  m  twenty  annual  instalments.  Three  of  them 
have  been  paid  to  (lie  claimants  by  the  Mexican  government,  and  two  by  the  United 
Sfates— leaving  to  be  paid  of  tbe  principal  of  the  liquidated  amount  assumed  by  iJie 
United  States,  the  sum  of  $1,519,0(14  7(1,  together  wilh  the  inleiest  thereon.  These 
sBveral  amounts  of  "  liquidated"  and  nnhqiiidated  claims  assumed  by  the  United 
States,  it  is  believed,  may  he  paid  as  they  fall  due  out  of  the  accruing  revenue,  wilh- 
ont  the  issue  of  stock  or  the  creation  of  any  additional  public  debt. 

I  rannol  too  strongly  recommend  lo  Cougtess  the  importance  of  husbanding  all  our 
national  resources,  of  limiting  the  public  evpenditurcs  to  necessary  objects,  aiol  of  ap- 
plying all  the  surplus  at  any  time  in  the  Tre.isnry  to  the  redemption  of  the  debt.  I 
recommend  that  authority  be  vested  in  the  Executive  by  law  to  auti-ipale  the  period 
of  reinibursemeotof  such  portion  of  the  debt  as  may  not  be  now  redeemable,  and  to 
purchase  it ai  par.  or  at  the  premium  wjiich  it  may  command  in  the  market  iu  all 
casesin  which  that  authority  has  ii<il  already  be.  n  granted.  A  premium  had  beeu 
obtained  by  the  cnvernment  on  much  the  larger  i>ortion  of  the  loans  ;  and  if.  when 
«be^overnment  becomes  a  purchaser  of  lU  own  stock,  it  shall  command  a  premium 
rnihe  market,  it  will  he  sound  policy  lo  pay  it  rather  than  to  pay  the  semi  annual  in- 
terest upon  It.  The  interest  upon  the  debt  if  tbe  outstanding  Tre.isury  notes  shall  be 
I'lnded,  Ironi  Ihe  end  of  the  last  fiscal  year  until  it  shall  fall  due  and  be  redeemable 
will  he  very  nearly  equ.^I  tothe  principal,  which  must  iUelf  be  ultimately  paid. 

Without  eiianiriueornioflifymg  the  present  taritf  of  duties,  so  great  has  been  the  in- 
crea^'of  our  cuiomerce  under  lis  benign  oiteration.  that  tbe  revenue  derived  from  that 
source  and  from  the  sales  of  the  public  lands  wdl.  ii  is  confidently  believed,  enable  the 
government  to  ^liscbarge  annually  several  millions  of  (lie  debt,  aud  at  the  same  time 


noss^  th^  n?£ansof  me$ting.necessarj- apjtfopriations  for,alI  the  jiroperobjecta.  Un- 
less Congress  shall  authorize  largtli^irtbVeased  expendHiirei  t(Sfobj*ets  ftftt  of  absbrma- 
necesaity,  the  whole  public  debt  existing  before  tbe  Mexican  war,  and  that  created  Iduj; 
ring  iu  oonlinuance.  may  he  jiaid  off,  without  qny  increase  of  taxation  on  the  people, 
Ion"  before  it  will  fall  drfe.    ;  ■■■i 

Upon  the  restoration  of  peace«*eshopld  adopt  a  policy  suiletl  to  a  state  of  i>eace.  la 
doiijg  this,  tlte  earliest  piaclic.ible  pa\aieiit  ol  the  public  debt  t-hould  be  a  i  ardinal 
principle  of  aclion.  I'lofiling  by  the  experieme  uf  the  jia^t,  w^  should  avoid  the  er- 
rors'into  A\bich  tbe  countn,*  was  Ipetrnyed  shortly  a1>er  the  close  of  the  ^var  with  Grea^ 
Britain  in'  ISlii.  In  a  few  yearsalter  that  period  a  broad  anil  latitudinops  eonslriw 
tion  of  the  powers  of  ihe  Federal  Gavemiiieni  nulonunalcly  reciived  but  loo  much' 
couulenance.  Though  ihe  country  \va-.  burdened  uitli  a  bcavy  public  J^h(.  tcirge  and 
in  some  in--itanccs  nniici's;ar\  and  exti^av^cant  e\penditiirei<  were  authorized  bv  Co.V-^ 
gress.  The f<in--equenre  was,  thai  Ihe  payment  of  the  debt  was  partpooed  lor  more; 
tlian  twenty  years;  and  ^-ven  then,  it  wan  only  actoippli.-hed  by  the  .sti^ji  wdl  an^ 
unliendinij  policy  of  President  Jackson,  who  made  its  payment  a  It-a'ding  nieasure  of 
his  adn'iinistriiliiin.  lie  resisted  the  a'tcmpis  which' W'tre  rhade'to  divert  the  public 
iVioney  from  that  great  object  and  apply  it  in  wasteful  and  extravagajll  e.\pena)tore4i 
lor  otherobjects,  some  ol  them  of  inorptbandoubtfuiconsiitntioaal  auilioriiy  ani^  e\- 
peilipDcy.  ...  I  ..":■;- 

If  ibe  goverij^ipent  of  the"  TT'niteit'Slates  shall  observe  a  proper  economy  in  its  ex-' 
penditiires.  nnd  he  confined  in  its  aclion  to  the  conduct  of  o^ir  foreign  relations  and  to, 
the  few  general  objects  of'its  care, -enumerated  m  ihe  constitutioo.  leavm*  ali  muni- 
cipal and  local  legislation  to  the  Slates;,  oiir  greatne-^s  as  a  nation  la  moral  ajid  physical 
povyer  and  ni  \\i-;ilih  and  resources  cannot  be  calculated.  i 

By  pursuing  I  his  policy,"  oppressive  measures  operatrnironeqoailv  and  nnjostly  uport' 
seerious  and  classes  will  be  avoided  i  and  the  people,  having  no  (lause  ol  cotHpiainl;' 
will  -pursoe  their  om-d  interests.,  unde^-the  bleaaiogs  of  enuaUaws  and  tJie  proieciioii,of 
ariis'  and  paletiial  govciDiueut.  ,    •     ■  ,  ■      .■ 

By  abstaining  from  the  e.vercise  of  all  powers  not  cfearlVf-ooferred,  tlie  cement  6f' 
our  glorious  Union,  now  nnmlieniig  thirty  States,  ^ill  be  sirenglhened  a^  we  grow  in 
age  and  incjeasein  population,  and  our  fnlorc destiny  will  be  without  a  parallel  ore)^-, 
ajnjile  in  the  liiptOcy  of  iiutioi)$. 

JAMES  K.  l»OLK. 
'  Wasbirigtoni  Jtily'6,  i8**8.- 

Tiie  messagp  having  been  read^ 

'  On  motion  by  Mr.  HANNEGA^>  it  was 

.  Ordered,  That  it  be  jirintcd,  with  the  accompanying  documents; 
and  tbat  live  thousand  additional  copies  thereof  be  printed  for  the 
y^e  of  the  Senate.      ,    i;  ■      .^^  *■    ,    . 

On  motion  by  Mr.  HANNEGAN,  it  was 

Ordered,  That  so  mUch  of  the  said  message  as  relates  to  foreign 
affairs  be  referred  to  the  Committee  on  Forei^j'n  Reflations  ;  that 
so  mneh  of  the  message  as  relates  to  the  military  estnljlishrnent  of 
the  United  States  be  referred  to  the  Comtnittee  on  Military  Affairs; 
that  so  much  of  the  raessajre  as  relates  to  the  public  debt  and  the 
finances  of  the  United  States  be  referred  to  the  Committee  on  Fi- 
nance ;  that  so  mucdi  of  the  messace  as  related  to  the  naval  estab- 
lishment of  the  United  States,  be  referred  to  the  Committee  on 
iVaval  Allairs  ;  that  so  much  of  the'messarre  as  relates  to  pnblio 
lands,  be  referred  to  the  Committee  on  Public  Lands  ;  that  so 
much  of  the  message  as  rclatf^s  to  the  extension  of  the  laws  of  the 
United  States,  lie  referred  to  the  Committee  on  the  Judiciary, 
and  tliat  so  much  of  the  message  as  rehites  to  the  territory  ac- 
quired by  the  United  States,  be  referred  to  the  Committee  on  Ter- 
ritories.'   ■■■'''  -       .    -.   ■   .     v.:    .'_;j.;-'     I   ■.    ili.    .,      ..  ,..^,.ij  ,u-'  ■.   ,  ,.r 

Mr.  WESTGOTT  submitted  the  following 'ib'6tioii -for Jtondffle- 

ration:-    '.'-m^i    >i;'  i-r->j...'     ,.-  ■  -^-^.j  ■;..,;  v.;   bLun  0:1  A-_pr>±i 

Orrfere^,  Tbatso  miich  brsaiaJmessage  as  relaiestp^t 

of  needful  rules  and  regulations  for  the  territories  acquired  ty  the 
United  States  by  the  treaty  with  Mexico  aforesaid,  be  referred  to 
a  select  committee  of  seven  to  be  eliosen  by  the  Senate  j  which 
Gouiiiiittce  be  instructed  to  report,  as  soon  as  practicable,  a  bill  or 
bills  organizing, tuunicipal. governments  for  said  terrilores,  securing 
to  the  oitjzens.o.f.all.Qrthe.United  States' their  equal  rights  in  said 
territories.      ,      ,'._..['   ,    ,  ... 

'      --'iw. -»-:r,.,np.p.oRX    FROM    THEWAR    DEPAHTMENT;  . 

;-ffie'f icX  PRKSIDENT  laid  before  the  Senate ^a  report  from 
the  Secretary  of  "War,  couimunicatiug,  in  compliance  with  a  reso- 
lution of  tlie  Senate,  information  respecting  the  utility  of  a  fortifi- 
cation at  Proctors's  landing,  on  lake  Borgn^j  Louisiana  ;  wbtet 
was  read  and  ordered  to  be  printed..  .      "\ 

On  motion  by  Mr. BADGER,  it  was 


on 


Ordered,  That  a  member   be  appointed  on  -tHp  Comjuititw  u^. 
Military  AiTairs  i^  the  jpjacc'pf  r'th*^  honorablQlVri:.  brittenden,  re^ 

sigucj.  ;     "*"  ,     '       '.' "'     J  '    --  "  "\  r.'j.ii 

COMMITTEE  pN  TERRITORIES. 

The  following  motion  was  submitted  by  Mr.  SUTLER : 
Ordered,  That  two  additional  memliers  bo  added  to  the  Com- 
mittee on  Territories,  to  be  appointed  l»v  the  Vice  President. 
On  motion, 
The  Senate. adjourned. 


-in  JUiv  vdl'lo  lo 


in 


iiii  ivu[  01  vhAtl  ad  iliv/  -^il-jyi 


ijoijoii  i. 

-Ti.'ij  Jn9UI!iJi.j;jij  li-ji^o  oj  yvj^t;   ;» V/      i  .UitMUj  ii.-.i  , 

•rmoti^tj  inrfj  lo'i  oldisHoqaai  yljaiiJa  atotis  oiix. 
agitaiiBq  otli  7d  iwooo  b/nov/  ajj  ajnuooofi  "lo  a^iujxjirriyjti*  y.iA   .;::  uji 
ban  Jnemeac^iwdma  oj  bnaJ  bluov/  ilid  eid;  m  noij^^iqoiqqji  odJ  !« 


J? 


^hH 


PETITIONS— RESOLirriONS,  ETC. 


8^ 

?8  ,  b^frf»**i  fttflfwH  ftrfT 


FRIDAY,  JUjLY  7,  1848. 


EBBOR  CORRECTED. 

On  molion  by  Mr.  GREENE,  and  by  unanimous  consent,  it  was 

'Qrdered,  that  the  assent  of  the  Senate  be  given  to  a  verbal  al- 
teration in  the  engrossed  bill  to  incorporate  the  Washmgtou  tias 
Light  Conipa,ny,  so  as  to  conform  to  tlie  original.  .,,,, 

'"  ,'',''       MESSAGE    FROM    THE    HOUSE. 

-  ■'.    .■  ',    M    V   -I'll    li'J:    .  ■ 

The  follo-^ring  Message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  :    "'    1       'i    JO   <i:.iiii') 

t    >M  :  .;    ',(:■•      -Ml,  ■.'    -Ill  r 

Mr.  Prpsident:  Tlie  House  of  Representatives  have  p.i99ed  a  bitlto  amend  an  act 
approved  the  24tlt  of  May,  IH'24,  entiried  "An  ai't  suijjilerneotary  tA  an  atr  appro\t;d 
the  3d  day  of  Maroh.  IHIO,  eotitled  'An  act  providing  for  the  eorretrtion  of  erior*  in 
makijig  entries,  of  land  at  th^  laad  office  ;'. ''  ilk  which  they  request  the  concorrence  ol' 
the  Senate.  ,,j^   .  .    ^r   -j^    ^,     , .,      ...  .         , 

Th,e>-  li^^ve  parsed  tlie  hill  fi^pt  .theSen^te  tp  extpsd  the  provisions  of  existing  pen- 
sion law^  to  eiiti9te<l  nK-ii  of  the  ordinance  corps  of  tlic  Hnited  States  army,  witj^.an 
nmendrneiit ;  in  which  they  request  the  r-oncurrence  of  tlie  tfenato. 

Tliey  concur  in  the  ameudiuentsofll}^  Senate  to  t]re  .l^iU  entitled  "An.i\cti0iakiBg 
appropriations  forihe  service  of  the  Post  Office' Pepartmeut  lor  the  year,  eudibg  Jpnp 
30,1840."         <■>'■■■    "    .:..,'.■■-.  .i:.'>^   :•■'-'     .  ■    '      ■   ^    '  ■^-         !,       ■  ; 

The-President|AJtiie'tJniiea  States  ajjprove^  and  signed,  t)te'5tli  instant.,  the  foliow- 
mgacts:  J        . -■■  ■     "■  '  '        '^   ..^  .  .a^^i  o, /.  .  ■  ■_    ... 

An  act  givinp  the  consent  of 'the  government  of  the  United  Stales'  to  the  State  of 
Tdkas  to  extend  her  eastern  bonndary.  so  a-s  to  include  within  her  limits  one  half  of 
Sahine  pass,  Sahine  lake,  and  Sabine  river,  as  far  north  as  the  3-2tl  degree  of  north  lat- 
itude. 

An  act  further  to  extend  the  time  for  locating  Virginia  military  land  warrants  and 
returning  surveys  tliereon  to  the  several  land  offices. 

An  act  for  the  relief  of  Stalker  &  (lili,      .      . ,.         i    . 

The  Speaker  of  the  House  of  Representatives' liaving  signed  an  enrolled  bill,  1  am 
di;ectedtp.j^gjtt,t(tt^iel^ea.lle  for  the  signatarooftheil  President.  ■ 

.  i-:.']  ■'     n'l  V.I  It.--,  '<     . 

SIGNING  OF  A  BILL. 

The  VICE  PRESIDENT  signed  the  enrolled  bill  to  itmnrpo- 
rate  the  Washington  Gas  LighF  Company. 

MEMORIAL. 

On  motion  by  Mr.  JOHNSON,  of  La.,  it  was 

Ordered,  That  the  memorial  of  the  members  of  the  bar  in  Now 
Orleans,  Louisiana,  on  the  files  of  the  Senate,  relating  to  an  in- 
crease of  the  salary  of  the  district  judge  sf  the  District  of  Louls- 
iana,  be  referred  to  the  Committee  on  the  Judiciary- 

mCREASE  OF  SALARY  TO  DISTRICT  JUDGES. 

.  Mr  MASON  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to  : 

Resnii'eil,  That  the  Committee  on  the  .Tudiciarv,  to  whom  is  referred  House  bill 
(No. '29tl)  entitled  "An  act  to  change  the  times  for  holding  the  district  courts  of  the 
United  States  lor  the  uorUiern  district  of  Virginia,"  be.  and  are  hereby,  instructed  to 
inquire  into  Ilie  expediency,  by  au  anieudment  to  said  bdl,  to  increase  tiiesalary  of  the 
judge  of  said  conrt,  in  consideration  of  the  additional  duties  devolved  oil  him  by  the 
iocrea:,e  in  tlie  number  of  courts  in  said  district,  and  tlie  b3CteBsioii  bitliei^  respective 
terms.  ■  i  )  | ::  I      '.-  '      -lit  M  i  .    .  ■    "  -  .' 

Mr.  II.\LE  submitted  the  following  resolution,  which  was  con- 
sidered by  unanimous  consent  and  agreed  to  ; 

Resofued,  That  the  Committee  on  the  Judiciary  Ke  instructed  to  mi|uire  into  the  ex- 
jiedienoy  of  iucreasing  the  salary  of  the  district  judge  of  the  district  of  New  Hamp- 
shire. 

BKSrilUCTION   OF  SPtJRIOTJS  COIN,  TRE.iSURT  NOTES,   ETC. 

Mr.  PHELPS  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to  ; 

Frfofr/'il,  That  the  Commiuee  on  the  .ludicary  inquire  into  the  expediency  of  pro 
viding  by  law  for  the  destruction  or  other  disposition  of  spurious  and  counterfeit  treas- 
ury notes  and  other  public  securities,  and  of  spiirif)u3  and  counterfeit  plates,  coins,  and 
iinplemeuts  for  maUing  the  same,  to  prevent  future  circulation  or  use. 

CLAIMS   ON  MEXICO. 

Mr.  JOHNSON,  of  Maryland,  after  calling  attention  to  an  err- 
or in  tho  message  of  the  President  of  the  United  States  Of  the  6th 
instant,  in  which  he  speaks  of  the  "liquidated"  clai  lis  against 
Mexico  as  payable  in  ''  twenty  annual  instalments  instead  of 
twenty  (/liaricWi/  instalments,  submitted  the  following  resolution, 
which  was  considered  by  unanimous  consent  and  agreed  to  : 

Itcsfilval,  That  the  Committee  on  Finance  be  instracted  to  inquire  what  measures 
are  necessary  to  procure  the  prompt  payment  of  "the  claims  of  citizens  of  the  United 
which  have  been  liquidated  and  decided  against  the  Mexican  government  which  are 
now  due,  and  that  they  report  by  biU  or  otherwise. ,  ■.,',■  [i. 

:.i_'j   ;>:.;.' 

REPORT  OF  THE  SMITHSONIAN  INSTITUTION. 

Mr.  PEARCE  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to  : 

Rcso/ml.  That  one  hundred  and  titty  copies  of  the  report  of  tile  rtigents  of  the 
Siiiithsoniau  Insliintion.  printed  for  the  use  of  the  Senate,  befHrnfche(Ltathe.secie- 
lary  lor  the  use  of  said  institution.  'O*   ''-'    X*"'~~  "^   - 


whitnit's  RAiLROAb  Tb  Tmf'kii)t^c: 

Mr.  NILES,  from  the  select  committee,  to  whom  was  referred: 
the  bill  to  set  apart  and  sell  to  Asa  Whitney,  of  New  York,  a  por- 
tion of  the  public  lands,  to  enable  nim  to  construct  a  railroad  from 
Lake  Michigan  to  the  Pacitic  Ocean,  reported  the  same  with  an 
amendment,  which  was  ordered  to  be  printed. 

Mr.  NILES  gave  notice  that  he -would  call  this  bill  up  at  an  early 
day,  during  the  morning  hour,  and  ask  for  a  vote  upon  it  without 

TAV   DEPARTMENT  OF  THE  AHMY. 

Mr.  DIX,  from  tho  Committee  on  Military  Affairs,  reported  a 
bill  concerning  the  pay  department  of  tho  army,  which  w;a9  read 
the  tirtt  and  second  times,  by  unanimoas  consent,  and  cOjisidered 
as  in  Committee  of  the  Whole.-  .  '  ■      "'       "' 

No  amendment  being  m.ado,  it  was  reported  to  the  Senate. 

i.i  Ordered,  That  it  be  engrossed  and  read  a  third  lime. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Rtsolved,  That  this  bill  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

ADVERSE   REPORT. 

Mr.  DOWNS,  from  the  Committee  on  Indian  Affairs,  to  whom 
was  referred  the  petition  of  citizens  of  New  York  in  favor  of  the 
Towanda  band  of  Seneca  Indians-,  submitted  an  adverse  report; 
which  was  ordered  to  be  printed. 

PRIVATE    B1LL8. 

Mr.  UNDERWOOD,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  memorial  of  Ward  and  Smith,  submitted  a  re- 
port, accompanied  by  a  bill,  for  their  relief.  , 

The  bill  was  read  and  passed  to  a  second  reading. 

Ordered,  That  the  report  be  printed. 

Mr.  WESTCOTT,  from  the  Committee  on  Claims,  to  whom 
was  referred  a  bill  Irom  the  House  of  Representatives  for  the  relief 
of  John  W.  Hockett,  reported  it  without  amendment. 

Mr.  WESTCOTT,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  lor  the 
relief  of  Archibald  Beard,  and  twentv-one  other  Tennessee  mounted 
ed  volunteers,  reported  the  same  with  amendments. 

Mr.  WESTCOTT,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  petition  of  Bryan  Callaghan,  reported  a  bill  for 
his  relief. 

The  bill  was  read  and  passed  to  the  second  rcadinir. 

PAT.MENT  OF  CLAIMS. 

Mr.  ATCHISON,  by  unanimous  consent,  asked  and  obtained 
leave  to  bring  in  a  bill  to  amend  an  act  in  relation  to  the  payment 
of  claims;  which  was  read  the  first  and  second  times,  by  unani- 
mous consent,  and  referred  to  the  Committee  of  Claims. 

DESTRUCTION  OF  SPURIOUS  COIt«,  TREASWR-y  NOTES,  MJC.  I    ' 

Mr.  DICKINSON,  by  unaifimous  consent,  asked  and  obtained 
leave  to  bring  in  a  bill  to  amend  an  act  more  cfl'eciually  lo  pro- 
vide for  the  punishment  of  certain  crimes  against  the  United 
States,  and  for  other  purposes,  approved  March  3d,  1825;  and 
an  act  authorizing  tho  istue  of  Treasury  notes,  a  loan,  and  for 
other  purposes,  approved  January  2-Stli,  1847;  which  n-as  read  the 
first  and  second  times,  by  unanimous  consent,  and  referred  to  the 
Committee  on  the  Judiciary,  and  ordered  to  be  printed. 

CHURCH  LaWdS  IN  PL6lliDA. 

The  joint  resolution  authorizing  the  suhmission  of  certain  claims 

to  arbitration,  w-as  read  a  third  time,  v    .v 

Resolved,  That  tjiis  resolution  pass.andthat  the  title  tlieieor be  as  afore^d.  "'". 

Ordered,  That  the  Secretary  request  the  ^luauteace  of  tke 
House  of  Representatives  therein.  ■  "-.j'   '"     .'  "  ,  ...    \ 

BRT.\N  CALLAQHAN. 

On  motion  by  Mr.  RUSK,  tho  prior  orders  were  postponed  and 
the  bill  for  the  relief  of  Bryan  Callaghr.n  was  read  the  second  tmre, 
and  considered  as  in  Committee  of  the  Whole, 

After  debate — 

Mr._  BRIGHT  moved  tha^  the  bill  lie  on  tha  table,- with  a  vi«w 
■  'of  taking  up  the  special  order,  which  was  agreed  to. 


846 


•  JT;    the  OREGON  BILL. 


[F'rida^, 


THE    ORKGON    BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  the  bill  to  establish  the  Teiritorial  Government  of 
Oregon. 

Mr.  JOHNSON,  of  Georgia.— Mr.  President  :  The  Parliament 
of  Great  Britain  is  said  to  be  omnipotent;  and  yet,  in  that  empire, 
the  humblest  subject  is  protected  in  the  absokiio  enjovment  of  the 
rights  of  private  property.  So  paramount  is  this  principle  regard- 
ed, that  the  whole  strength  of  the  government,  if  need  be,  is  ex- 
erted for  its  maintenance,  in  behalf  of  the  meanest  subject,  in  the 
most  distant  corner  of  the  world.  How  strange,  therefore,  that 
in  the  American  Congress,  whose  powers  are  defined  and  limited 
by  a  written  constitution,  wo  are  gravely  debating,  whether  fif- 
teen of  the  sovereign  States  of  this  conT'deracy  shall  be  permitted 
to  enjoy  their  equal  interests  in  the  territory  of  the  United  States, 
which  is  the  common  property  of  all  !  Yet,  sir,  stripped  of  all 
that  is  calculated  to  cheat  and  deceive,  this  is  the  naked  question 
presented  in  the  twelfth  section  of  the  bill  upon  your  table.  That 
section,  among  other  provisions,  proposes  to  approve  and  continue 
in  force  all  the  laws  and  ordinances  which  may  have  been  passed 
by  the  provisional  government  of  Oregon.  Among  the  organic 
laws  of  that  provisional  government,  is  an  ordinance  which  pro- 
hibits slavery  or  involuntary  servitude  within  the  limits  of  said 
territory.  This  attempt  to  ratify  and  confirm  such  an  act,  in- 
volves the  assumption,  that  Congress  has  the  right  to  exclude 
slavery  from  the  territory  of  the  United  Stivtes;  or,  in  other  words, 
to  deny  to  the  slaveholding  citizens  of  the  Union,  the  privilege  of 
removing  into  said  territory  with  lliejr ,  slaves,  and  enjoying  iliem 
as  property.  Where  is  the  authority  for  such  legislation  by  Con- 
gress ? 

This  confederacy  consists  of  thirty  sovereign  States  :  fifteen  of 
these  are  slaveholding;  the  other  fifteen  are  called  free  States,  be- 
cause slavery  does  not  exist  in  them.     The  proposition  in  this  bill 
is,  that,  at    the  suggestion  of  the    fifteen  free    Stales,  the    fifteen 
slave  States    shall    be  prohibited    by  an    act  of  Congress    from  the 
unrestricted  enjoyment  of  the  property  which  they  hold  in  the  ter- 
ritory of  Oregon.     Is  this  reasonable  and  just  ?     1  apprehend  there 
can  be  no  doubt  of  the  truth  of  this  proposition  :  that  if  Congress 
have  the  right    to  prohibit,  they  have    an  equal  right    to  establish, 
slavery.     For  the   very  moment  you  concede  jurisdiction  to  Con. 
gress  over  the    subject,  the  same   reason    obtains    in  favor  of  the 
right  to    establish,  that    exists  in    favor  of   the  right    to  prohibit. 
Suppose,  then,  the  fifteen  slave  States  were  to  present  themselves 
here  by  their  representatives,  and   demand  that   Congiess  should 
establish  slavery  in  any  of  the  territories  belonging  to  the  United 
States  :    we  should    hear    but  one  voice  from  the    North,  and  that 
voice  would  be,  that   Congress  has   no  right  to  do  it  ;  that  it  is  a 
po\ver  not  conferred  by  the  constitution.     Aye,  sir.  more  than  this. 
Suppose  these  fifteen  slaves   States  should  demand,  that  in  organ- 
izing a  territorial   government  for  Oregon,  a  provision    should  be 
incorporated  into  the  bill,  that  no  cilizen  shall  emigrate  to  and  set- 
tle in  said  territory  unless  he  shall  carry  with  him  slave  property: 
what  would  be  the  response  of  the  free  Slates   to  such  a  proposi- 
tion ?     They  would    reply,  that  the  territory  is  the  common  prop- 
erty of  all  the  Slates,  procured  by  common  treasure  and   common 
blood,  and  that  each  citizen  has  the  inconlcstable  right  to  remove 
to  it,  and  carry  with   him,  or  leave    brhind,  what  property  soever 
he  might  consider  most  compatible  with  his  inie.est.     Now,  sir, 
the  reverse  of  this  state  of  things  is  true.     The  slave  States  are 
asking  nothing  at    the  hands  of  Congress;  hut    the  free  Stales  are 
demanding   tiiat  citizens  of    the  formei:  shall    not  be    permitted  to 
settle  upon  the   territory  of  the  United  States,  and  carry  or  leave 
what  property  soever  they  consider  most  oousistent  with  their  in- 
terest.    This  is  the    naked  question  which  is   now  for  the  conside- 
ration of  the  Senaie.     Its  very  statement  exposes  its  absurdity  and 
injustice.     I  would   earnestly  recommend   to  our    northern  friends 
the  adoption  of  the  golden  rule,  to   do  as  they  would   be  done  by. 
If  they  would  consider  it  unconstitutional  and  unjust  for  Congress, 
at  the  instance  of  the  southern  Stales,  to  exclude  ihem  from  terri- 
tory because    they  would   be   unwilling  to    be  compelled  to  carry 
slaves  with   them,  they  certainly  should   not  ask    that  we  be  shut 
out,  because  we  desire  to  carry  out  slaves  with  us. 

This  demand  of  our  northern  brethren,  however,  is  pressed 
with  an  urgency  which  seems  to  set  at  defiance  all  appeal  to  their 
forbearance,  or  majinanimily,  or  sense  of  justice.  Conscious  ol 
their  numerical  strength  in  the  federal  council,  ihcy  march  forward 
with  a  steadiness  of  purpose,  far  less  ehaiaotcristic  of  patricti-sra, 
than  of  utter  recklessness  to  consequences.  If  this  contest  of 
mere  numerical  strength  between  the  North  and  the  South  shall 
be  persisted  in,  irrespective  of  tho  constitution  ;  if  the  slavehold- 
ing States  are  to  be  trodden  under  foot,  treated  as  unequals  and 
inferiors,  denied  the  enjoyment  of  their  interest  in  the  territory 
which  is  the  common  property  of  all,  it  needs  no  proi>heiic  eye  to 
foresee  tho  fate  of  this  glorious  fabric  of  freedom,  reared  by  our 
f  alhcrs,  and  whose  foundations  were  laid  in  the  blood  of  patriotism. 
In  such  a  struggle,  our  only  hope  is  in  the  constitution.  We  ap- 
peal to  its  guarantees.  We  invite  a  fair  and  rigid  scrutiny  of  its 
provisions.  If  it  justify  the  proposed  action  of  Congress,  we  must 
submit  to  our  fate.  But  if  the  uuthoriiy  be  not  found  there,  we 
ask  our  brethren  of  the  free  Slates,  by  all  ihat  is  valuable  in  our 
institutions,  and  by  all  that  is  hallowed  in  tho  associations  connect- 
ed with  their  origin,  to  withhold  their  hands,  and  relieve  the  coun- 
try from  an  agitation  which  threatens  to  dissever  all  the  ties  of  af- 
filiation, which  unite  the  two  great  sections  of  this  confederacy. 
.  L«t  US  oowe  to  that  sacre^l  jnstrumen;  with  religioi^s  reverence 


and  patriotic  docility,  resolved  to  surrender  all  preconceived  opin- 
ions, and  to  bow  to  its  teachings,  however  they  may  come  in  con- 
flict with  certain  sentiments  of  a  miserable,  morbid,  misguided 
philanthropy. 

But  before  we  proceed  to  the  consideration  of  the  particular 
clause  of  the  constitution  in  relation  to  the  power  of  Congress 
over  the  territories  of  the  United  [States,  it  is  important  to  bear  in 
mind  the  character  of  our  government  and  the  rule  of  strict  con- 
struction, by  which  all  .sound  republicans  are  guided  in  the  inter- 
pretation of  that  instrument.  This  government  is  a  confederated 
republic.  The  States  composing  it  are  each  sovereign,  pi;ssessing 
all  the  powers  of  independent  governments,  except  so  lar  as  they 
have  voluntarily  surrended  a  portion  of  these  powers,  and  con- 
sented that  the  general  government  shall  exercise  them,  as  the 
common  agent  of  all,  for  the  benefit  of  all.  The  constitution  is 
but  the  written  articles  of  agreement  between  the  parties  to  the 
confederation,  specifying  the  powers  which  each  State  has  surren- 
dered, and  the  extent  and  general  purposes  for  which  they  may  be 
exerted  by  the  federal  government.  As  each  of  the  Slates  were 
equals  before  the  formation  of  the  confederacy — each  posses3m<f 
the  same  attributes  of  sovereignty  and  independence — and  as  each 
has  made  a  like  surrender  of  powers  to  the  general  government, 
they  are  still  equals.  This  is  as  self.evident  as  the  axiom  in  ma- 
thematics, "that  if  equals  be  taken  from  equals  ihe  remainders 
are  equals."  Hence,  each  State  ought  to  share  alike  the  burdens 
and  enjoy  alike  the  benefits  of  the  compact  ;  and  any  discrimina- 
tion made  in  favor  of  one,  to  the  prejudice  of  others,  in  the  admi- 
nistraiion  of  iis  powers  by  the  general  government,  is  violative  of 
the  spirit  of  the  compact,  and  subversive  of  the  great  end.s  for 
which  it  was  formed.  A  strict  construction  of  the  constitution, 
therefore,  is  indispensable  ;  it  is  the  only  rule  by  which  the  gene- 
ral government  can  be  restrained  within  the  limited  scope  of  its 
delegated  poweis.  In  an  able  official  paper  on  the  constitution- 
ality of  a  national  bank,  Mr.  Jefl'erson  thus  defines  the  true  rule 
of  constitutional  interpretation  : 

"I  consider  the  foundalioti  of  lite  constitution  as  laid  on  this  ground,  that  'all  the 
powers  not  delagaled  to  the  United  Stales,  nor  prohibited  by  if  to  Ihe  State?*,  are  re- 
served to  llie  Ir^tales  or  to  ihe  peojile.'  To  take  a  single  step  treyoiid  the  boaildariea 
thus  specially  drawn  aiouiul  the  powers  ol'  Congress,  is  10  take  possession  Ola  bound- 
less fieitt  of  power,  no  longer  susceplllile  of  any  definition." 

In  view,  then,  of  this  limited  fiduciary  character  of  our  govern- 
ment, and  this  rule  of  strict  construction  laid  down  by  Mr.  Jeffer- 
son, and  which  has  been  adopted  and  acquiesced  in  by  all  sound 
republicans  from  that  day  to  the  present,  let  us  examine  the  au- 
thority on  which  the  power  is  claimed,  on  the  part  of  Congress,  to 
restrict  slavery  in  the  territory  of  the  United  States.  It  is  claimed 
under  the  ihird  section  of  the  fourth  article  of  the  constitution, 
which  declares  that — 

"The  Congress  shall  have  power  to  dispose  of.  and  make  all  needful  and  regula- 
tions, respecting  the  teintory  and  other  pioperty  belonging  lo  tlie  United  States.' 

Let  us  analyze  this  provision.  It  is  obvious,  from  its  phraseolo- 
gy, that  the  great  object  which  was  intended  to  be  accomplished 
by  this  grant  of  power,  was  to  enable  Congress  to  "dispose  of"  the 
territory  of  the  United  States.  When  the  constitution  was  adopt- 
ed, all  ihe  territory  belonging  to  the  United  States  was  provided 
for,  as  to  all  the  purposes  of  government,  by  the  celebrated  ordi- 
nance of  17S7.  'I'o  "dispose  of"  it,  therefore,  was  all  that  was 
necessary  to  be  done  ;  and  to  that  extent  only,  does  this  provision 
of  the  constitution  authorize  Congress  to  go.  To  enable  them  to 
execute  this  loading  object  of  the  trust,  they  are  further  empower- 
ed "to  make  all  needful  rules  and  regulations."  That  such  was 
the  intention  of  the  IVamers  of  the  constitution,  is  apparent,  if  we 
observe  further  the  import  of  the  term  "territory."  It  is  related 
to  the  words  "other  property"  by  the  disjunctive  "or,"  showing 
that  it  is  synonoraous  with  the  word  "  property,"  and  was  intended 
to  designate  one  species  of  the  properly  of  the  United  States.  It 
is  equivalent  to  the  word  "land."  I  .am  sustained  in  this  defini- 
tion by  the  decision  of  the  Supreme  Court  of  the  United  States,  in 
the  case  of  the  United  Slates  vs.  Gratiot  et  al.,  in  14  Peters'  Rc- 
jiorts.     In  delivering  their  opinion  in  that  case,  the  court  said  ; 

■■  The  term  '  territory,'  as  liere  uned,  is  merely  descriptive  of  one  kind  of  prop- 
erly, anrf  is  equivalent  to  the  wont  '  lands.' "  .....        ::.    .'1  1'  .'(!-. 'itiitO' 

Observe,  furlhcr,  in  whom  is  the  ownership  of  "territory,"  or 

"lands."  It  is  not  in  "the  Congress,"  which  is  authorized  to  "dis- 
pose of  and  make  all  needful  rules  and  regulations  respecting"  il; 
but  il  is  "  territory,"  or  "  lands,"  "  belonging  to  the  United 
Slates."  It  is  the  common  jiropcrty  of  all  the  Slates.^  They  hold 
it  by  a  "unitv  of  interest,  title,  time,  and  possession  ;"  and  by  this 
clause  of  the  constitntion  they  have  constituted  Congress  their 
trustee,  to  "  disjiose  ol"  it  for  the  benefit  of  all.  In  view,  then, 
of  this  plain  analysis  of  this  provision,  caa  any  reasonable  mind 
come  to  the  conclusion,  that  tho  framers  of  the  constitution  in- 
tended to  confer  on  Congress  any  jurisdiction  whatever  over  the 
subject  of  slavery  in  the  territory  of  tho  United  States.  There 
ccriainly  is  not  a  single  word  or  idea  contained  in  it,  which  would, 
even  in  the  mp^t  remote  manner,  countenance  such  an  interpre- 
tation. .  ,    .  . 

There  is  another  cltiuso  of  the  constitution  (article  I,  section 
8)  which  declares  that  Congress  shall  have  power— 

'■  To  makr!  all  laws  w  inch  sliall  be  necessary  and  projier  for  carrying  into  axci:nlion 
the  foreeoti'g  powers.  »nd  all  oilier  powers  vesled  by  Uiis  ronsuiution  in  the  jovero- 
Jienlol  the  Lulled  Slaten,  or  in  any  Ue parUueul  or  office  tliereo)." 


Let  us  inquire,  then,  whether  the  power  to   prohibit  slavery  in 
•'  the  territory"  of  the  United  States  is  "  necessary  end  proper," 


July  7.] 


THE  OREGON  BILL; 


in  order  lo  enable  Congress  to  cxecMte  oOioiently  the  trust  confi- 
ded to  tliem  ?  That  the  implied  powers  "  necessary  and  proper" 
to  be  exercised  by  Congress  in  "disposing  ol"  "the  territory,"  is 
very  evident.  Congress  must  have  power  to  survey  ilie  public 
lands,  to  declare  by  law,  the  mode  of  that  survey,  the  dimension 
of  the  sections,  ibe  time,  place,  and  manner  of  sale  Congress 
must  have  the  power — it  is  an  incumbent  duly — to  protect  the  ter- 
ritory frrim  invasion,  and  from  trespass,  such  as  cumins  its  lim- 
bers and  robljing  its  mines.  For  ihecfhcicnt  e.xercise  ofThis  pow- 
er, it  would  be  necessary  and  proper"  to  pass  laws  dctinin"  of- 
fences SL^ainst  the  public  lands,  and  the  extent  of  punisliment,''and 
to  organize  irlljunals  within  the  limits  of  the  '-lenitory"  to  try  of- 
fenders and  aduiinister  those  laws.  These  and  siicli  other  powers 
only,  as  are  "necessary  and  proper"  lo  enable  Congress  to  admin- 
ister the  public  lands  according  to  the  spirit  and  intention  of  the 
trust  conlided,  are  all  that  is  authorized,  either  by  express  gi-ant 
or  implication,  to  exercise.  Is  the  power  to  prohibit  slavery  in 
the  territories  to  be  found  among  iliem  ?  Is  it  possible  to  imagirio 
an  emergency  in  which  the  exercise  (if  such  a  ]>ower  is  ''  necessa- 
ry and  proper"  to  the  performance  of  the  trust? 

If  the  framers  of  the  constitution  had  intended  to  confer  larger 
powers — the  powers  of  exclusive  legislation  over  the  territories — 
they  would  have  employed  language  adequate  for  that  purpose, 
as  they  did  in  reference  to  the  District  of  Columbia,  and  "all  places 
purchased  by  the  consent  of  the  legislalure  of  the  State  in  which 
the  same  shall  be,  fur  the  erection  of  liirts,  magazines,  arsenals, 
dock-yards,  and  oiher  needful  biiikliiigs."  In  relation  to  these,  The 
constitution  clothes  Congress  with  tlie  right  of  "exclusive  legisla- 
tion ;"  and,  ihcrefore  the  absence  of  such  a  grant,  in  reference  to 
the  "territory"  of  ilio  United  States,  Is  conchislve  evidence  that  the 
framers  of  ihe  constitution  did  not  intend  to  confer  it  The  ques- 
tion, ihen,  recurs  recurs  with  redoubled  liircp,  if  such  be  the  lim- 
ited power  of  "the  Congress"  over  the  territory,  where  is  to  be 
found  the  auihorily  for  prohibiting  slavery  llierein  ?  It  does  not 
exist.  The  attempt  to  exercise  it  is  wanton  usurpation,  oppres- 
sive to  the  slave  States,  and,  if  persisted  in,  will  be  fatal  to  the 
confederacy.  '   N 

When  driven  from  this  provision  of  the  constitution  which  I 
have  been  considering,  the  advocates  of  the  restriction  of  slavery 
take  refuge  under  the  power  to  establish  temporary  governments 
in  the  territories.  Whatever  m.iy  be  the  source  of  this  power, 
whether  it  is  incident  to  the  acquisition  of  territory  under  the 
Ireaty-nifikiiig  power,  or  whether  It  is  Implied  from  that  clause  of 
tiie  cunsritution  which  authorizes  Congress  "  to  make  all  needful 
rules  and  regulations"  respecting  the  territories,  it  is  conceded  by 
the  ablest  expounders  of  1  he  constitution  that  It  exists.  Congress 
has  exercised  this  power  from  the  origin  of  the  government  down 
to  the  present  tiiuc,  -without  the  right  ,to  do  so  having  ever  been 
seriously  questioned.  In  the  ease  of  MoCulloeh  vs.  the  State  of 
Maryland,  in  4th  AVhaaton's  rteportSiUho  Supreme  Court  of  the 
United  States  said  :  i"  </).;•.: 

"  All  admit  Uie  constitutionality  of  a  territorial  government." 

In  the  case,  also,  of  the  American  Insurance  Company  vs.  Can- 
ter, in  1st  Peters'  reports    Chief  Justice  Marshal  said  : 

*' Whictievernmy  be  the  source  wiience  ttie  power  is  derived,  the  possession  of  it 
is  unquestioned." 

Though  doubts  have  been  entertained  and  expressed,  whether 
the  right  to  establish  territorial  governments  necessarily  Included 
the  right  to  legislate  for  the  territory,  yet  it  must  be  confessed, 
that  the  opinions  of  the  ablest  expounders  of  the  constitution  seem 
to  be  harmonious  and  conclusive  In  favor  of  its  existence. — 
The  minur  Is  included  in  the  major  proposition.  If  Congrc'ss 
can  exercise  the  higher  power  of  framing  an  organic  law,  it  may 
certainly  exercise  tlie  inferior  power  of  legislating  for  the  territory. 
I  need  not  refer  to  the  authorities  by  which  this  positinti  is  sus- 
tained; because,  for  the  purposes  of  this  argument,  I  am  willing 
to  concede,  in  Its  broadest  sense,  that  in  vlriue  of  the  right  to  ac- 
quire by  treaty,  Congress  possesses  the  power  to  govern  and  legis- 
late for  tefritory  so  acquired.  But  does  it  therefore  follow  ihat 
that  they  have  the  right  to  prohibit  slavery  in  such  territory  ?  By 
no  means.  The  legislation  of  Congress  must  be  contriilled  by 
obvious  limitations. 

It  must  look.  In  its  action,  to  lis  fidnclary  character  as  a  com- 
mon tiustee  of  the  States,  and,  like  all  other  trustees,  must  not 
go  beyond  the  scope  and  intention  of  the  trust.  The  title  to  the 
territory,  as  I  have  before  shown,  is  not  in  the  Congress,  but  in 
the  Slates  ftf  the  confederacy.  It  Is  actpiircJ  by  the  government 
in  behalf  of  the  States,  and  is  paid  ftir  by  the  coiiininn  treasure 
and  common  blood.  As,  therelore,  It  Is  the  property  of  the  States 
as  joint  tenants,  and  as  the  right  to  free  and  unlimited  enjoyment 
is  the  very  essence  of  property,  it  follows  Inevitably,  that  Con- 
gress, as  ihe  trustee  of  the  States,  cannot  pass  any  law  which 
will  exclude  any  of  the  States  or  Its  citizens  from  the  full  enjoy- 
ment of  their  interest  in  the  territorv  belontrins:  lo  the  United 
Stales.  A  very  simple  Illustration  cannot  fail  to  enforce  the  cor- 
rectness of  this  view  of  the  subject.  There  Is  a  portion  of  tills 
,  Senate  who  hidd  that  Congress  has  the  constiiutional  right  to  dis- 
'    tribute   the  proceeds  of  ibe    sale    of   the   public   lands   among  the 

■  States.     Let  it  be  adniltted.      It  follows,  then,  as  a  necessary  in- 
'   feience,  that  we  have  the   right  to   distribute    the    territory  Itself. 

Suppose  this  operation  perlormcd  by  this  gnvernment:  that  New 
York,  Pennsylvania,  Virginia.  Georgia,  and  all  the  States,  had 
assigned   to  them   respectively   their   proportionate  shares  of  the 

■  public  domain,  woirld  it  bo  competent  lor  Congress  to  prescribe  to 
each  State  what  species  of  property  she  might  carry  upon  her  own 


tenitory  I  Could  ihey  say  to  Virginia,  or  Georgia,  that  her  citi- 
zens removing  upon  her  own  territory,  should  not  take  their  slaves 
with  them  ?  Such  a  proposition  would  be  scouted  from  the  halls 
ol  Congress  as  utterly  absorb.  But  would  such  a  distribution  by 
Congress  cooler  upon  the  several  States  any  higher  title  to  the 
public  lands  than  they  now  possess?  No,  sir;  the  title  of  each 
Slate  IS  as  perlect  and  complete,  as  if  such  distribution  had  really 
trkcn  place.  Kach  Stale  has  an  undivided  properly  in  the  whole. 
The  Slates  hold  the  terrliiiry  per  my  et  per  lout;  and  each  has 
the  right  to  enjoy  the  whole.  It  is  as  absolutely  absurd  for  Con- 
gress lo  undertake  lo  prescribe  to  the  citizens  of  the  States  whit 
species  of  properly  they  shall  carry  with  them  into  the  territory, 
as  it  such  a  distrlbiiliun  had  taken  place.        '     '      :■  ■    '    ' 

Again:  Suppose  A,  being  about  to  leave  the  United  States  for 
foreign  climes,  constitutes  B  his  agent  to  attend  to  his  business 
during  his  temporary  absence.  Divers  persons  are  Indebted  to  A 
and  among  oilier  dunes,  B  isciiargod  with  the  collection  and  ar-' 
rangemei.t  of  his  debts  and  coniracls.  He  piooe6ds  to  the  per- 
formance of  bis  agency,  and  linding  C  unable  lo  pay  his  liability 
to  A,  In  money,  agices  to  receive  in  salislacilon  a  tract  of  land. 
Uiion  his  return  home,  A  calls  upon  li,  his  ai;cnt,  fur  an  account 
of  bis  transactions.  The  agent  inlonns  him  what  he  has  done, 
and  among  olhcr  things,  that  ho  has  received  a  tract  of  land  from 
C,  in  payment  of  his  indebtedncbs,  ho  being  unable  to  meet  It  with 
money.  The  principal.  A,  expresses  himself  satislled  with  the 
arrangement,  and  be  Inlimales  iiu  Inicniirjn  to  eonimcnee  the  busi- 
ness uf  sheep-growing  upon  the  land  11, us  acquired.  Here  B  in- 
terposes an  objection,  and  threatens  absolute  prohibition.  In  as. 
tonisbment,  A  demands  his  reasons  for  such  conduct  ?  Is  there 
any  such  arrangement  in  the  deed  of  transfer?  No.  Is  there  any 
such  authority  in  the  power  of  attorney  ?  No.  Is  not  the  title  to 
the  land  In  me  ?  Yes.  Was  not  the  consideration  paid  out  ol  my 
tunds  '■  Yes.  Why,  then,  this  cllbrt  to  restrict  me  In  the  unquali- 
fied enjoyment  of  what  is  my  own  t  B  very  coolly  replies,  bL'cause 
it  Is  not  your  Interest  to  engage  in  that  business.  Would  such  dic- 
tation by  an  agent  to  his  principal  bo  tolerated  In  any  court  of  jus- 
tice In  Lhristendom  ?  But  this  is  precisely  what  Is  sought  by  this 
bill.  Tl.e  territory  is  the  property  of  the  States  as  joinT  tenants — 
each  having  an  undivided  interest  In  the  whole — acquired  bv  iheir 
common  and  joiiii  fund;  the  Congress  Is  the  Irnslee  to  whom  the 
adminislralion  of  these  lands  is  contlded,  and  now  it  Is  .sou''lit  to 
prohibit  each  Stale  from  carrying  whaisoever  kind  of  propeity  its 
ciiizens  may  desire  Into  said  lands.  The  agent  Sets  btmself'up 
above  his  principal^-lhe  servant  dictates  to  his  master. 

The  government,  in  the  exercise  of  its  powers  of  legislation, 
should  also  look  lo  the  ultimate  object  for  which  it  acquires  and 
holds  the  territory  ;  and  as  lis  power  of  legislation  is  implied,  it 
should  the  more  rigidly  conHne  lis  exercise  to  such  action  only  as 
Is  "neccssarv  and  proper"  for  the  accomplishment  of  such  object. 
For  what  object,  then.  Is  territory  acquired  and  held  ?  Kvldcntly 
with  the  view*f  lorming  out  of  it  new  Stales  to  be  admitted  into 
the  Union.  What  is  the  only  constitutional  condition  precedent  lo 
their  admission  ?  Simply  that  they  should  have  a  republican  form 
of  government.  The  presumption  is,  mat  the  inhabitants  of  terri- 
tory are  Ignorant  of  the  principles  of  our  government  ;  and  whilst 
in  a  territorial  State,  they  occupy  a  dependent  relation — a  relation 
of  pupilage,  preparatory  to  their  being  received  into  our  great  re- 
publican family  of  States.  Now,  If  the  Institution  of  slavery  were 
incompatible  with  a  republican  form  of  government,  then  Coii'Trets 
might  forbid  its  existence  in  territory  thus  under  its  guardianship 
and  Instruction.  But  no  snob  Incompaiibiliiv  exists,  because  sla- 
very Is  recognized  In  Ihe  constitution  itself,  and  new  Stales,  since 
its  adoption,  have  been  admiiicd  Into  ihe  Union  with  slavery. — 
Hence  the  prohibition  of  slavery  is  not  "necessary  and  proper,"  in 
order  to  enable  Congress,  in  the  exercise  of  il.s'leoislaiive  func- 
tions, to  prepare  the  territory  for  Its  ulilmate  destination,  and  con- 
sequenlly  the  power  to  impose  such  prohibition  does  not  exist. 

In  the  outset  of  my  remarks,  I  showeil  that  the  Slates  of  this 
confederacy  are  politically  eoequals  ;  and,  therefore,  must  share 
alike  the  burdens  and  blessings  of  the  government.  There  are  se- 
veral provisions  in  the  constltulion  based  upon  this  equality.  Each 
State  Is  entitled  to  two  Senators  in  this  chamber.  "  No  prefer- 
ence shall  be  given  by  any  regulation  of  commerce  or  revenue  to 
the  ports  of  one  State  over  those  of  another."  When  the  election 
of  President  and  Vice  President  fails  before  the  people  and  devolves 
upon  ihc  House  of  Representatives,  there  each  Slate  is  entitled  to 
but  one  vote.  "  Full  faith  and  credit  shall  be  given  in  each  stale 
to  the  public  acts,  records,  atid  judicial  proceeillngs  of  every  other 
State."  "  The  ciiizens  of  each  State  shall  be  eniilled  to  all  pri- 
vileges and  immunities  of  citizens  in  the  several  Slates."  All  these 
constitutional  provisions,  I  say,  look  to  the  absolute  political 
equality  of  all  ihe  States,  and  show  that  Congress,  in  iho  exercise 
of  Its  powers,  are  as  solemnly  bound  to  treat  them  as  equals,  as  if 
the  injunction  in  so  many  words  were  contained  in  the  instrument. 
It  IS  an  obligation  growing  out  of  the  spirit  ol  the  compact  :  that 
spirit  which  gave  birth  to  all  its  magnanimous  compromises  anti 
equitable  guarantees,  and  without  which  It  never  would  have  been 
forriied.  It  is  true  that  none  of  these  provisions  apply  in  terms  to 
the  territories  :  but  ihey  point  out  the  path  of  justice  too  plain  to 
be  mistaken.  If  the  States  be  political  eoequals — so  regarded  by 
the  constitution — -and  hold  joint  property,  purchased  by  a  common 
fund,  then  they  are  entitled  to  be  treated  as  equals  in  the  disposi- 
tion of  that  joint  property.  Any  discrimination  made  by  Congress, 
as  their  comrrion  trustee,  is  at  war  with  this  great  fundamental 
principle  of  equality,  on  which  the  fabric  of  the  tjonfederation  rests. 
Is  net  the  prohibition   of  slavery  proposed  by  iKis  bill  such  a  dis- 


^m 


THE  OREGON  BILL. 


[FKlriAi-, 


crimination  ?  Is  it  not  saying  to  the  slaveholdin^  States,  that 
they  have  among  them  an  institution  of  property  unworthy  of 
transplantation  into  new  territory  ;  and  that  the  citizens  of  those 
States  removing  there,  with  that  description  of  properly,  are  un- 
,  worthy  to  be  the  neighbors  and  lellow-oitizens  of  the  New  Eng- 
land emigrant  ?  Aye,  is  it  not  tantamount  to  confcrrinij  upon  tlie 
free  States  the  entire  monopoly  of  the  territory  acquired  by  the 
common  treasury  and  oonunon  arms  of  all  ?  If  this  be  ihe  equal- 
ity ol'  the  constitution,  our  patriotic  forefathers  labored  in  vain. 

But  the  advocates  of  the  jirohibition  of  slavery  in  the  territory 
of  the  United  States  refer  to  the  past  legislation  of  Con- 
g-ress,  in  order  to  show  by  precedent,  that  the  power  exists. 
For  this  purpose,  the  celabrated  ordinance  of  17.S7  is  relied  on. 
A  succinct  glance  at  the  history  of  that  transaction  will  show  how 
unavailing  must  be  the  ofl'ort,  to  sustain  their  cause  by  resting  it 
upon  such  a  foundation. 

On  the  1st  of  ]\Iarch,  1784,  a  committoee,  composed  of  Messrs. 
Jefferson,  of  Virginia,  Chase,  of  JVIaryland,  and  Howell,  of  Rhode 
Island,  reported  to  Congress  a  plan  for  the  temporary  government 
of  the  western  territory,  which  contained  a  provision  "  that  after 
the  year  1800  of  the  Christian  era,  there  should  be  neither  slavery 
nor  involuntary  servitude  in  any  of  the  Slates"  formed  out  of  said 
territory.  This  report  was  recommitted  to  the  same  committee 
,  on  the  17th,  and  on  the  22d  of  March  they  submitted  a  new  plan, 
substantially  the  same  in  its  provisions  as  the  lirst.  On  the  19th 
of  April  it  was  taken  up  for  consideration,  and  the  clause  contain- 
ing the  slavery  restriction  was  stricken  out  ;  and  after  some  un- 
important amendments,  it  was  agreed  to.  , 

About  a  year  afterwards  Mr.  King  submitted  again  to  Congress 
the  clause  prohibiting  slavery,  but  oroitliiig  the  words  "  after  the 
year  1800  of  the  Christian  era."  The  motion  was  committed  lo 
the  Committee  of  the  Whole  House,  but  it  was  not  again  called 
up,  nor  referred  to  by  any  of  the  committees  who  subsequently  re- 
ported plans  lor  the  government  of  the  western  territory.  The 
subject,  however,  was  kept  before  Congress,  and  from  time  to 
time  taken  up.  But  no  definite  action  was  had  until  the  26ih  of 
April,  1787.  On  that  day  a  committee,  consisting  of  Messrs. 
Johnson,  Pinckney,  Smith,  Dane,  and  Henry,  reported  "  an  ordi- 
nance for  the  government  of  the  western  territory,"  but  it  did  not 
contain  the  clause  restricting  slavery,  which  Mr.  King  had  previ- 
ously moved.  It  was  ordered  to  a  third  reading,  but  on  the  9lh  of 
July,  1787,  it  was  again  referred  to  a  committee,  consisting  of 
Messrs.  Carrington,  of  Virginia,  Dane,  of  Massachusetts,  R.  H. 
Lee,  of  Virginia,  Kean,  of  South  Carolina,  and  Smith,  of  New  York. 
On  the  lllh  of  July  that  committee  reported  a  plan,  still  without 
any  clause  restricting  slavery.  On  the  12tb  of  July  Mr.  Dane  of- 
fered the  following  amendment,  which  was  adopted  as  the  si.xih 
article  of  the  compact  : 

^'Article  the  siilh.  Tlicre  shall  l,e  neitlier  slavery  nor  inviilunt.ary  servitude  in 
ttie  said  territory,  ollierwise  llian  in  tlie  punishment  of  crimes  whereof  the  party 
sliall  Jiavo  been  duly  convicted  :  Promded,  always.  That  any  person  escaping  into 
the  same,  from  whom  ];ibor  or  service  is  lawfully  claimed  in  any  one  of  the  onf^inat 
"States,  such  fugitive  may  he  lawfully  reclaimed,  and  conveyed  to  the  persou  claiming 
his  or  her  labor,  as  aforesaid." 

This  amendment  was  carried,  and  the  celebrated  ordinance  adopt- 
ed by  the  unanimous  vote  of  the  eight  States  then  jiresent. 

From  this  succinct  history  of  the  sixth  article  of  the  ordinance 
of  1787,  the  following  observations  are  apparent  ; 

1.  That  Mr.  Dane,  of  Massachusetts,  and  not  Mr.  JelTerson, 
was  its  author.  He  was  not  in  Congress  at  that  date.  Those, 
tl.erefore,  who  claim  the  authorship  for  him,  not  only  do  him  in- 
justice, but  appropriate  to  their  cause  the  weight  ol  a  name  to 
which  they  arc  not  entitled. 

2.  That  the  naked  proposition  to  prohibit  slavery,  without  the 
proviso  for  the  reclamation  of  fugitives,  never  received  any  coun- 
tenance or  favor  from  Congress.  It  was  always  rejected  when 
submitted  ;  and  most  strenuously   opposed  by  the  southern  States. 

3.  That  this  proviso  for  the  recovery  of  lugitivcs  was  the  test 
question,  without  which  the  sixth  article  of  the  ordinance  never 
could  have  passed,  or  received  tha  support  of  the  South  ;  and  that 
therefore,  it  must  have  been  finally  adopted  as  a  compromise  be- 
tween condicting  and  otherwise  irreconcilable  opinions. 

We  have  no  sketch  of  the  debates  in  Crmgrcss  at  that  day  ;  but 
these  inferences  are  as  ulearly  doducible  from  the  Journul  as  if  wc 
had  access  to  the  opinions  expressed  in  discussion.  If,  then,  the 
ordinance  of  1787  was  the  result  of  a  compromise,  it  proves  noth- 
ing in  favor  of  the  power  of  Congress  to  pass  it.  It  is  the  essence 
of  a  compromise,  that  the  parties  to  it  still  stand  upon  their  le^al 
rights.  Not  being  able  to  agree  upon  principle,  they  consent  to 
meet  on  middle  ground,  for  the  sake  of  peace.  How,  then,  can 
this  ordinance  be  plead  as  a  legislative  precedent  ? 

But  the  ordinance  was  void  and  carries  upon  its  face  the  evi- 
dence of  its  nullity.     One  of  its  provisions  is — 

•'  That  the  articles  shall  be  considered  a^  articles  of  compart  between  the  original 
States  and  the  people  and  Stales  in  the  said  Mirriloiy,  anil  forever  remain  unalterable, 
unless  by  common  consent. 

Now,  contrast  this  with  the  condition  upon  which  Vir"inia,  in 
1784,  coded  the  territory  northwest  of  the  Ohio,  to  which  tlie  ordi- 
nance appliud.     That  condition  was — 

•■  That  the  territory  so  ceded  shall  lie  laid  out  anil  formed  into  States   containin"  a 

juilable  extent  of  territory,  Dot  less  than  ono  hundred   or  more  than  one  bundled  .and 

fitly  miles  square,  or  a^  near  thereto  us  circumstances  will  adinil  ;  and  that  the  States 

so  formed  shall  ho  distinct  repulilieau    Ijtatps,  and    .idmiUed  members  of' the  Fc.leril 

.  rrnioii,  having  thesamo  rights  of  sovereignty,  freedom,  and  uulepsodence  as  die  oilier 

I  ask,  sit,  yrfj^lh^r  Iho  PFflVjision  pr'tlie,or;dioanoa  deolftringithat 


"Th 
same  rii 


the  articles  of  compact  "shall  remain  forever  unalterable,"  is 
not  in  violation  of  that  part  of  the  condition  pj  cessibh'  which 
declares—  ,:.:o:,    .    ■     :    -■    !:■•  )  v.,  do  i- ■._.;-•■.  I  - 

at  States,  so.  formed,  &c.,  shall  be  admitted  members  of  .the  Union,  AacTn^^iAc 
i^hts  of  st>6trtisnty,  freedom,  avd  indtjirndc/tcc  as  the  other  Mates  ?" 

The  other  States  of  the  Union  have  tlie  right  to  adopt  or  abolish 
slavery,  at  their  pleasure.  But,  if  this  ordinance  be  valid,  then 
Ohio,  Michigan,  Illinois,  and  the  other  Stales  formed  fiotii  the 
western  territory  have  not  this  right;  they  are  forever  prohibited 
by  these  unalterable  "  articles  of  compact."  Virginia  was  a 
slaveholding  State  at  the  time  of  the  cession,  and  of  course  Ic'lt  a 
deep  interest  in  the  subject.  Can  it  be  supposed,  that  she  would 
have  nuule  .so  extensive  a  grant  of  territory  if  she  had  known  at 
the  lime  that  the  whole  of  it  would,  by  ordinance  of  Congress, 
have  been  monopolized  by  the  free  Slates  ?  Such  an  idea  is  ab- 
surd. In  view,  then,  of  the  absence  of  any  grant  of  power  to 
Congress,  under  the  articles  of  confederation,  to  pass  the  ordi- 
nance, and  in  view  of  the  express  condition  of  the  cession  by  Vir- 
ginia, it  is  not  strange  that  IVIr.  Madison  declared  it  to  be  "with- 
out the  color  of  constitutional  autltoiity."  If  void,, then  hoi^  lin- 
.fair  to  plead  it  as  a  legislative  precedent  I 

Moreover,  the  ordinance  was  enacted  by  the  Congress  of  the 
confederation  before  the  adoption  of  the  present  constitution.  It 
cannot,  therefore,  with  any  plausibility,  be  relied  on  as  a  prece- 
dent to  throw  light  upon  the  powers  of  Congress  under  the  pres- 
ent constitution. 

But  there  are  several  acts  of  Congress  passed  since  the  adop- 
tion of  the  present  constitution,  which  have  been  referred  to  as 
legislative  precedents.  The  Urst  is  the  act  of  1789,  "  to  provide 
for  the  government  of  the  territory  northwest  of  the  river  Ohio  ;" 
and  it  appears  from  its  preamble,  that  it  was  specially  designed  to 
carry  into  ellect  the  oriimance  of  1787.  Strong  reliance  is  placed 
in  this  act,  because  the  Congress  of  1789  was  composed,  in  part, 
of  the  members  who  adopted  the  constitution,  and  who  were  fa- 
miliar with  all  the  circumstances  attending  the  passage  of  the 
ordinance;  and  it  is  asked  with  plausibility,  whether  these  men, 
thus  fresh  from  the  deliberations  of  the  convention,  and  acquainted 
with  the  history  of  the  ordinance,  would,  wilhin  less  than  two 
years,  have  passed  an  act  of  Congress  to  carry  into  effect  this 
very  ordinance,  if  they  did  not  believe  it  constitutipnal  ?  Is  it  not 
evidence  of  contemporaneous  construction  \  It  is  a  sufficient  re- 
ply to  this,  that  the  ordinance  of  1787,  as  I  have  shown,  was  the 
result  of  compromise  ;  that  it  was  regarded  as  a  compact  entered 
into  "  between  the  original  Stales  and  the  people  and  Stales  of 
the  said  territory,"  which,  under  the  6th  article  of  the  constitu- 
tion, was  declared  to  be  as  "  valid  against  the  United  States  under 
this  constitution  as  under  the  confederation."  The  act  of  1789, 
therefore,  cannot  be  considered  as  the  exercise  of  an  original 
power  of  legislation.  It  is  the  execution,  in  good  faith,  of  a  com- 
pact forme^l  under  the  articles  of  confederation.  The  same  is 
true  in  relation  to  ihc  several  acts  of  Congress  organizing  tempo- 
rary governments  in  the  territories  of  Ohio,  Indiana,  Michigan, 
Illinois,  and  Wisconsin.  In  all  these  territories  the  ordinance  of 
1787  prohibiting  slavery  was  applied.  But  Congress  did  not 
thereby  assert  or  claim  any  right,  by  virtue  of  our  present  con- 
stitution, to  exercise  original  legislative  jurisdiction  over  the  sub- 
ject of  slavery.  These  are  the  States  which  have  been  formed  out 
of  the  western  territory,  for  which  the  ordinance  of  1787  express- 
ly provided.  So  far,  therefore,  from  these  acts  constituting  legis- 
lative precedents,  they  are  but  evidences  of  the  iidelity  of  the 
South,  in  carrying  out  every  engagernent  jfltu  jptuijh  she  jhas 
eiiLered.  ^' ■  ■..     .  ■  ■     ' 

The  next  class  of  acts  relied  on,  as  legislative  precedents,  are 
those  in  reference  to  the  suppression  of  the  slave  trade.  The  act 
of  1794  was  designed  to  ]irohibit  the  exportation  of  slaves  from 
any  part  of  the  United  States  to  any  foreign  place  or  country;  and 
the  act  of  ISOO,  in  addition  thereto,  only  further  defines  the  pe- 
nalty for  such  exportation.  No  candid  man  will  contend  that 
these  were  designed  to  strike  at  the  institution  of  slavery  as  it  ex- 
ists in  the  United  States.  They  were  purely  commercial  in  their 
character,  and  referable  to  that  article  of  the  constituiion  which 
confers  on  Congress  the  power  to  "  regulate  compictce  with  for- 
eign nations."  ■  !    ;'     , 

The  ninth  section  of  the  first  article  of  the  constitution,  by  clear 
itnplication  at  least,  authorizes  Congress  to  prevent  the  importa- 
tion of  slaves  into  the  United  States,  after  the  year  1S0.><.  It  is 
in  the  following  words  ; 

"  The  nngraOon  or  importntion  of  snch  persons  as  aliv  of  the  Stateis  now  existing 
shall  think  profier  to  admit,  shall  not  lie,  prDhibited.  by.Cout;[e«s  prior  tor  tile  year  one 
thousand  eight  jiuiidred  and  eight,  but  a  uix  or  duty  may  be.im[)0seil^n,uacli,iinj|0rt- 
ation  not  exceeding  ten  dollars  for  each  person," 

At  the  time  of  the  adoption  of  the  constilution,  the  importation 
of  slaves,  as  an  article  of  commure,  was  extensively  curried  nii 
by  nearly  all  the  Slates  :  and  it  was  rcgiinled  as  a  matter  of  so 
much  importance,  that  its  continuance  was  thus  guarantied  I'-r 
the  space  of  twenty  years.  It  was  not  until  near  the  oxpiraliun 
of  that  time,  that  we  lind  any  legislation  on  the  subject.  In  1S07, 
Congress  pas.sed  a  law  "lo  prohibit  the  impnrtation  of  slaves  into 
any  port  or  place  within  the  jurisdiction  of  the  United  States  from 
and  after  the  1st  of  January,  one  thousand  eight  litindred  and 
eight."  In  the  year  1818,  Congress  passed  an  luidittoiial  act,  au- 
thorizing the  President  to  employ  armed  vessels  on  the  coasts  nf 
Africa  and  the  United  Slates,  and  to  seize  vessels  unlawfully  on- 
gaged  in  the  trade.  In  182(1,  an  act  was  passed  to  uoutinue  in 
Iproe  "uii  aut  to  protect  the  comiuerau  of  tha  United  Slates,  and 


Jdiy  7.3 


THE  OREGON  BILL. 


849 


punish  th»  crime  of  piracy,"  and  also  to  make  further  provisionse 
lor  punishing  tho  crime  of  piracy.  The  fourth  section  of  this  act 
decjares  the  seizing  a  negro  or  mulatto  not  held  to  service,  with 
the  intent  to  make  them  slaves,  to  be  piracy.  In  1828  and  1830, 
respectively,  laws  were  passed  appiopriating  money  for  the  sup- 
pression of  the  slave  trade.  The  act  of  1804  divided  Louisiana 
into  two  territories,  and  declared  those  of  1794  and  1803.  con- 
cerning- the  slave  trade,  to  which  I  have  referred,  to  bo  of  force 
therein.  In  1822,  the  territorial  government  of  Florida  was  or- 
Canizcd,  and  the  acts  of  1794,  1800,  1807,  1818,  and  1S19,  in  re- 
lation to  the  slave  trade,  are  declared  to  be  of  force  in  said  terri- 
tory. Tiiesc,  I  repeat,  are  all  commercial  regulations,  and  de- 
pendent upon  the  constitutional  provision  vesting  Congress  with 
the  power  to  make  such  regulations.  They  are  directed  to  the 
suppression  of  a  tralBc  which  all  parties  in  this  Union,  and  indeed 
the  civilized  world,  regard  as  immoral  and  at  war  with  the  benign 
spirit  of  tho  age.  None  of  them  look  to  the  prohibition  ol'  the 
extension  of  the  institution  of  slavery,  and  therefore,  they  fail  to 
aid  those  who  rely  upon  them,  as  legislative,  precedents,  to  justily 
the  action  which  ihis  bill  proposes. 

The  act  of  1820,  which  prescribed  the  terras,  on  which  the 
State  of  iMissouri  was  admitted  into  the  Union,  and  the  resolu- 
tions, by  which  Texas  was  annexed,  have  also  been  quoted  as  in- 
stances in  which  Congress  exercised  legislative  jurisdiction  over 
the  subject  of  slavery.  These  fixed  tlie  parallel  of  thirty-six  de- 
grees and  thirty  minutes  of  north  latitude  as  the  northern  limit  of 
slavery.  It  is  true,  that  upon  tho  face  of  these  enactments,  it 
docs  apprar,  that  Congress  did  legislate  on  the  subject  of  slavery, 
and  prohibited  its  existence  within  certain  limits.  Unexplained, 
they  might  very  properly  be  regarded  as  legislative  precedents 
for  the  exercise  of  the  power  now  claimed.  But  who  does  not 
know  that  both  of  these  were  compromises?  Being  compromi- 
ses, they  cannot  justly  be  considered  as  favoring  tho  construction 
of  the  constitution  now  claimed.  So  far  from  this,  they  prove 
that  such  cinHruction  vi-as  not  yielded  by  the  South,  nor  perempto- 
rily insisted  on  by  the  North.  But.  being  unable  to  agree  upon 
the  right,  both  parties  consented  to  stand  on  middle  ground,  for 
the  sake  of  the  Union.  There  is,  therefore,  not  a  single  act  of 
Congress,  which  can  be  relied  on,  as  a  legislative  precedent,  to 
justify  the  exercise  of  power  now  propos'^d. 

Time  would  fail  me,  to  review  critically  the  judicial  decisions 
wliich  have  been  quoted  to  sustain  the  proposition,  that  Congress 
has  the  right  to  prohibit  slavery  in  the  territories.  I  have  CNain- 
ined  those  decisions  carefully,  and  have  arrived  at  precisely  the 
same  conclusions  which  my  colleague,  £Mr.  Berrien,]  .so  lucidly 
presented  to  the  Senate.  I  content  myself  by  simply  stating  these 
conclusions  as  I  pass  along. 

Tho  case  of  McCulloch  vs.  the  State  of  Maryland,  in  4th 
Wheaton's  Reports,  decides  the  constitutionality  of  a  national 
bank.  That  was  the  question  before  tho  court  ;  and  in  delivering 
his  opinion,  one  of  the  justices  said,  incidentally,  that  the  article 
of  the  constitution  now  under  consideration  did  apply  to  territorial 
governments,  and  that  all  admit  their  constitutionality. 

The  question  in  the  case  of  the  Cherokee  Indians  vs.  the  State 
pf  Geor"ia,  in  5th  Peters's   Reports,  was,  whether  those  Indians 

..were  a  loreign  nation,  in  the  sense  to  entitle  them  to  be  heard  be- 
lore  the  Supreme  Court  of  tho  United  States. 

In  the  case  of  Gratiot  vs.  tho  United  Slates,  in  14  Peters's  Re- 
ports, it  was  simply  decided,  that  under  the  words  "  to  dispose 
ef,"  I  he  President  had  the  right  to  lease  the  public  lands. 

..The  case  of  the  American   Insurance   Company  vs.  Canter,  in 

..i  Peters's  Ri>ports,  decided  the  validity  of    the  judgment  of  a 

rtcourt  of  admiralty  in  the  territory  of  Florida.     It  also  d^'cided  tho 

-right  of  Congress  to  erect  territorial  governments. 

.    I  conclude,  therefore,  i  hat  Congress  has  no  right  to  prohibit  slavery 

";)n  the  territories  of  the  United  States.  There  is  no  grant  of  such 
power  to  ho  found  in  theconstituiion.    It  is  incompatible  with  itsfidu- 

,-ciary  character  and  the  scope  and  intention  of  its  trust.  It  is  vio- 
lative of  the  right  of  property  which  each  State  has  in  the  whole 

^territory.  It  is  subversive  ol  tho  political  equality  and  dignity  of 
the  Stales.  It  is  not  sanctioned  by  any  legislative  precedents  or 
judicial  decisions. 

Sir,  if  I  unilertand  the  pns'tion  of  the  political  party  with  which 
1  act,  I  his  is  the  doctrine  which  they  proclaim  :  that  Congress  has 

,no  right  10  interfere  with  the  subject  of  slavery  either  in  tho  States 
or  the  territories.  My  colleague,  [Mr.  Berkien,]  in  his  remarks 
.the  other  day.  referred  to  the  seventh  resolution  adopted  by  the 
.late  Baltimore  convention  ;  and  giving,  what  seemed  to  be  a  fair 
and  reasonable  construction  to  that  resolution,  he  made  a  strong 
appeal  to  the  democratic  portion  of  the  Senate,  to  stand  by  the 
public  declarations  of  their  party.  Sir.  I  accord  with  him  in  that 
interpretation,  and  cheerfully  unite  with  him  in  that  appeal.  If 
that  resolution  means  anything,  it  is,  that  the  democratic  party  of 
the  United  States  are  thoroughly  and  publicly  committed  to  the 
doctrine  of  non-interference  bv  pongress  with  the  subject  of  slavery 
in  any  form  or  for  any  purpose.  Let  us  examine  its  phraseology. 
It  is  as  follows  : 

"7.  Resotrfii.Thm  Congress  has  iiopower  Dn(Ier  theconstitutioir  tointerfpre  witli 
or  control  tlie  domesuc  hii-uulions  in  iIil-  scvcriii  States,  aiid  Ihat  siK-li  Slates  are  I  lie 
^ole  prui)erjitfl«es  ot' every  thing  anpertaintn;,' to  tlieir  own  affairs  not  [irotnbiteil  l>y 
the  ronstilQIioii  ;  thalall  efforts  ot^tiie  aboliliohists  anJ  oihers.  madt)  to  induce  Coo- 
press  10  interfere  wuli  questions  of  slavery,  or  to  take  incijnent  steijs  in  relation  there- 
1.',  nre  laleiilaled  lo  lead  lollie  most  danaeions  and  alarming  coiiseqUL-nL-es  ;  and  that 
■-111  such  ellbrts  have  an  inevitable  tendency  to  diminish  tlie  haiijiiness  of  the  people, 
uid  endanger  tlif  stability  and  permanency  of  the  TJnioti,  and  ought-  not  to  be  couu- 
tenance'd  by  any  ftiend  oi'oor  political  iustitutioTl?."* 

.•^What.liingiia^e  can  be  stronger  or  broader  ?     It  denouncg?  "all 

30th  Cong. — 1st  Session — No.  107. 


ff  rts  by  the  abolitionists  or  otbere."  (meaning  of  course,  'Wilmot 
proviso  men,)  ■'  made  to  induce  Congreos  to  interfere  with  ques- 
tions of  slavery,  or  to  take  incipient  steps  in  relation  thereto." 
I  refer  to  this  resolution  to  refresh  the  rec  llection,  if  «nch 
be  necessary,  of  Senators  upon  this  side  of  the  chamber,  and 
appeal  to  them  to  stand  by  the  doctrine  which  it  promul- 
gates. The  resolution  was  iinanimonsly  adopted  by  the  con- 
vention ;  and  there  arc  four  Senators  on  this  floor  who  were 
members  of  that  body,  and  whose  votes  either  way  may  decide  tlia 
fate  of  the  section  of  this  bill  now  under  consideraiion.  I  allude 
to  the  two  Senators  from  Indiana.  [Mr.  Bright  and  Mr  Hanne- 
NEGAN,]  one  of  the  Senators  from  New  York.  [Mr.  Dickinsok,] 
and  one  of  the  Senators  from  Maine,  [Mr.  Hamlln-.]  They  all 
voted  for  this  resolution. 

Mr.  HAMLIN.T-Not  with  that  construotioa. 

Mr.  JOHNSON.— The  Senator  from  Maine  [Mr.  HamlinJ 
says,  not  with  the  construction  which  I  place  upon  it.  They  did, 
to  all  legal  and  moral  intents  and  purposes  ;  and  I  will  prove  it. 
I  will  refer  to  the  proceedings  of  the  convention,  to  show  the  sense 
in  which  it  was  understood  at  the  time  of  its  passage.  One  of  the 
delegates  from  Georgia  [Mr.  Forman]  oflerod  two  resolution^, 
one  of  which  was  as  follows  : 

"  And  bcit  further  rnah'cd,  That  tjlia,  cOBVention' repodiain  tlie  Wilmot  liro- 
vUo.'*  '  ,'"  '  '    ■  •'     '^      '  '.1  r  >!-/^ 

He  was  requested  by  gentlemen  on  all  hands  to  withdraw  the 
resolutions.  He  did  so,  with  the  distinct  announcement  to  the 
convention,  that  unless  tho  platform  resolutions  should  go  far 
enough  to  eSect  the  desired  object,  he  would  again  oiler  his  resolu- 
tion. He  did  not  present  it  again,  and  therefore  the  inference  is 
clear  that  he  at  least,  as  one  southern  delegate,  construed  tho  se- 
venth platform  resolution  to  cover  the  entire  ground  of  non-mter- 
fereiiee  ;  or,  in  other  words,  to  repudiate  the  Wilmot  proviso. 

Sub.sequcntly,  a  delegate  from  Alabiinia,  [Mr.  Yancey, J  as 
one  of  the  minority  of  the  committee  ap|iointcd  to  report  resolu- 
tions for  the  convention,  submitted  the  following  : 

"Hrsfilred,  That  the  doctrine  of  non  intorlerenco  with  the  rijjhti  of  propertv  or  ailT 
portiou  of  the  people  of  the  e-onfederation.  Iw  it  in  the  Hlate>t  or  in  the  territoriek.  bv 
any  oilier  than  the  parlies  interested  in  them,  is  Uie  true  republicau  doctrine,  recW- 
nized  by  this  convention." 

I  make  no  comments  upon  the  merits  of  this  resolution,  or  the 
adequacy  of  its  language  to  express  the  avoved  meaning  of  its  au- 
thor. It  certainly,  however,  did  express  the  doctrine  of  non  inter- 
ference by  Congress.  I  refer  to  it  merely  to  show  the  action  of 
tho  convention  upon  it,  as  an  index  to  the  sense  in  wliioh  the  sev- 
enth platform  resolution  was  adopted.  It  was  voted  down  by  a 
large  majority.  But  why  ?  Was  it  because  the  convention  did 
not  intend  to  avow  the  doctrine  of  non-interference  by  Congress  ? 
No  ;  but  because  it  was  considered  that  the  seventh  resolution  pre- 
sented by  a  majority  fully  embraced  the  doctrine. 

Speaking  of  that  resolution,  a  delegate  from  Alabama,  [Mr. 
Moore,]  said  : 

*'  The  resolutions  jnst  adopted  present  a  platform  upon  wbioh  we  can  all  stand.  If 
they  have  not  gone  Uie  full  length  tliat  some  of  us  would  liave  had  Ihein.  tliev  pio- 
claim  doctrines  dear  to  democrats.  They  deny  the  right  of  Congress  to  interfere  in 
any  shape  or  form  with  the  peculiar  institutions  of  the  South  ;  tllev  breathe,  in  refer- 
ence to  them,  the  spirit  of  the  constilulion.  7V(e  dvctrtne  of  jion-interfcrcnce  to 
vhich  we  c/oi^  is  boldly  asserted  and  proclaimed." 

In  declaring  the  vote  of  North  Carolina  on  Mr,  Yancey's  resolu- 
tion, the  delegate  [Mr.  Strange]  designated  by  his  colleagues  for 
that  purpose,  said  : 

"  tie  was  instructed  by  the  North  Carolina  delegation  to  sav.  that  thev  lielicvttl 
the  resolutions  of  the  commitlee  cobct  tkr  entire  ffround  of  mm  interference  with  the 
riijhts  of  slaveholders  on  the  part  of  Oni^rrss^  citlier  171  the  states  or  lerritorias 
and  that,  therefore,  they  voleil  eleven  nays." 

These,  Mr.  President,  were  the  declarations  made  by  southern 
men,  in  the  presence  and  hearing  of  their  northern  brethren  in 
convention,  of  the  interpretation  which  they  gave  to  the  seventh 
resolution.  They  remained  silent,  and  raised  no  objection  to  our 
construction  of  tlie  resolution.  That  silence  conlirined  tho  inter- 
pretation, and  it  became  morally  and  honorably  binding  upon  every 
member  of  that  convention,  in  the  sense  in  which  it  was  undor- 
stood  at  its  adoption.  Thau  this  there  is  no  principle  in  ethics 
better  settled.  If  any  member  of  the  convention  dissented  from 
the  meaning  attached  to  tho  resolution  by  the  South,  then  was  bis 
time  to  speak  ;  but  by  standing  mute,  he  acquiesced  m  that  con- 
struction, and  bec.tme  bound  by  it. 

I  will  not  close  the  evidence  on  this  point  here.  That  conven- 
tion nominated  Lewis  Cass,  of  Michigan,  as  the  democratic  can- 
didate lor  the  Presidency.  They  did  so  with  a  full  knowledge  of 
his  expressed  opinions  against  the  Wilmot  proviso — his  avowed 
opposition  to  the  constitutional  rightof  Congress  to  entertain  ju- 
risdiction over  the  subject  of  slavery  ia  the  territory  of  the  United 
States.  In  his  Nicholson  letter,  of  the  29th  of  December  last,  he 
says  : 

"  Uriefly,  then,  I  am  opposed  to  the  exercise  of  any  jnrisdiction  by  Congress  t»vcr, 
this  mailer ;  and  I  am  in  tavor  of  leaving  to  the  people  of  anv  lerritorv  vvhfch  mif 
be  hereafter  acquired  the  right  to  regulate  it  tor  themselves,  under  tho  general  pdou- 
pies  of  the  constitution,  because.  ,j 

•■  I  I  do  not  see  ill  the  constitution  anv  grant  of  the  te-juisite  power  to  Con^ienl 
and  I  am  not  dispo^erl  to  extend  a  doubtful  precedent  beyond  its  necessity — the  eslab- 
hshment  of  lerriiDrial  goveinments  wlieu  needed — leaving  10  the  inhabitants  aft  tbv* 
riglili  cuiupatible  wilb  the  relations  Uiev  bear  to  Ihe  cunlederulion.  ■ 

"  -2.  Because  I  believe  this  measure,  if  adopted,  would  weaken,  if  not  irnnair,  ^Im 
union  of  the  Slates,  and  would  sow  the  seeds  of  t'ulure  discord,  wliich  wooM  gfeiv  op, 
and  ripen  into  an  abundant  harx-esl  of  calamity."  :■•■--.  ■»  il 

With  this  public  declaration  of  the  doctrine  of  non-interjerenc©; 
that  convention  took  him  as  their  candidate.     Does  not  this  show 


850 


THE  OREGON  BILL. 


[Fkiday, 


tbat  tbev  intended  to  adopt  that  as  a  party  doctrine,  and  that  the 
seventh  re>olulion  was  drsigr.ed  to  annuunoe  it  to  tie  world  ? 
Thai  'j'eneral  Cass  so  uuderitood  it,  there  can  he  no  question.  In 
bis  leiter  of  acceptance,  ol'  the  30ih  ol  May  last,  he  says  ; 

'•  I  have  carefully  rend  the  resolotionB  of  the  democratic  nntiona!  conven'ion  laving 
dowD  ilie  plailbrin  of  our  political  luJlJi,  and  1  adhere  lo  thera  tL,  fiimly  as  I  approve 
them  cordially.'* 

Why  does  he  "  approve  them  cordially  ?"  It  must  be,  because 
thev  expiess  his  seniiment  on  the  consniuiinnHl  power  o("  CrJn;:^e^s 
in  reliiiion  to  the  sul  jeci  of  slavery  ;  and  that  sentiiricni  is.  non- 
iiiterlerence  bv  Congress  v\iih  the  subject  of  slavery,  either  in  the 
Slate»  or  the  lerrinries.  The  bouth  to  umlerstiod  iho  resolution, 
and  our  niirtliern  brethren  knevv-  that  they  so  unUe^jsuiod  it.  It 
was  u|ioii  the  I'aiih  of  that  resDliiiinn,  llial  she  ns^entcil  cordially 
to  the  action  i  i'  that  cimvention,  and  now  unites  warmly  in  the  sup- 
ptirt  of  its  gall.mt  nominee. 

1  du  noL  make  these  remarks,  Mr.  President,  to  express,  or 
even  inliiuate,  a  want  of  coulitlence  in  my  ]ioliiical  assucia'cs  upi^n 
this  floor  or  elsewhere.  I  have  entire  contidence  in  tlie  patriotism 
of  the  great  democraiio  party  .North  and  Koulh  ;  and  1  believe 
that  upon  the  harmony,  integrity,  and  triumph  of  thai  party  de- 
pend ilie  security  and  permanence  of  this  glorious  republic.  Bur, 
sir,  I  w  ill  say.  that  the  eyes  of  the  southern  demi^cracy  are  turned 
with  intense  interest  to  the  iction  of  their  brethren  of  the  free 
Stales  upon  this  bill.  They  consider  them  pledged  to  the  doctrine 
of  nop. interference  ;  they  look  with  anxious  solicitude  to  the  re- 
dempiion  of  that  pledge,  feeling  that  it  will  at  once  streOirthen 
the  bond  of  their  union,  and  inspire  them  with  tiope  for  the  future. 

In  reflecting  upon  this  sulijcet,  there  occurs  to  toy  mind  a  Inot 
which  is  full  ol  instruction  and  warning.  Who  can  close  his  eyes 
to  the  indicaiion,  that  in  the  Empire  State  and  in  all  New  Eng- 
land there  is  an  obvious  tendency  to  the  tormationol  parties  upon 
geoprai;hieal  l;tics  ?  We  see  an  enlhtisiasiio  and  uniiring  party, 
rallied  upon  what  Ibev  term  the  "free  soil"  j^olicy;  and  tt  is  hu- 
miliating to  know,  that  it  has  received  its  recent  impulse  from 
professed  ileiiiocrats.  Who  is  the  leader  of  this  infernal  crusade 
against  the  interest  and  peace  ol  the  South  ?  It  is  that  arch  traitor 
to  all  the  professions  of  his  public  life  and  the  principles  of  the 
party  that  has  cherished  him — who  has  received  the  bighesl  him- 
ors  in  the  gift  of  his  country,  and  for  whom,  in  1S4U.  the  southern 
democtacy  sacrificed  themselves.  Ho  turns  now  and  scorns  the 
hand  tbat  wreathed  his  brow;  and  unfortunately  there  are  those 
who  are  willing  in  bo  his  ii.inions.  Is  it  not  natural,  tbat  sueii  a 
movement  in  such  a  quarter  should  produce  some  misiiivinirs  in 
tbo  breast  of  the  South  ?  Sir,  in  proportion  to  the  magnitude 
and  importance  which  this  "  Itee  soil"  faction  shall  assume,  will 
be  the  degree  of  distrust  excited  at  the  South.  If  the  northern 
democracy  desire  to  retain  the  confidence  of  their  southern  breth- 
ren, and  secure  the  vote  which  wc  are  aijxious  to  cast  lor  our  gal- 
lant standard  bearer,  let  them  stand  by  the  seventh  resolution  of 
the  Baltimore  platform,  as  we  understood  it,  and  as  it  was  known 
that  we  understood  it,  when  it  was  adopted. 

Mr.  FOOTE. — Do  I  understand  the  Senator  from  Georgia  to 
Bay,  that  the  vote  of  the  South  for  General  Cass  depends  upon  the 
action  of  our  northern  friends  upon  this  bill  ? 

Mr.  JOHNSON. — 1  do  not  know  to  what  extent,  but  that  it 
vrWl  have  some  influence  upon  the  vole  of  the  Souih,  I  have  no 
doubt.  If  demoeraiic  Senators  do  not  stand  by  the  resolution  of 
the  Baltimore  convention  on  this  floor,  it  will  awaken  ilisiriist  in 
the  South,  vihith,  to  the  degree  of  that  distrust,  will  diminish  the 
party's  Rireni:th. 

Mr.  President,  I  have  now  discussed  the  main  question  pre- 
sented by  ihn  twelfth  section  of  this  bill.  1  have  shown  the  "reat 
doctrine  proclaimed  bv  ihe  democratic  party  to  be  true,  thafton- 
grass  has  no  right  under  the  constitution,  either  expi'sssed  or  im- 
plied, to  prohibit,  slaveiy  in  the  territory  belonging  to  the  United 
States. 

It  remains  now  to  consider  the  question  involved  in  the  amend- 
ment proposed  by  the  Senator  from  Missis.'-ippi,  [Mr.  Davis] 
That  question  is,  whether  it  is  the  duty  of  Conuness  to  ijuaranteo 
to  ttic  slaveholder,  who  shall  remove  with  bis  slaves  into  ihe  terri- 
tory  of  the  United  States,  the  undisturbed  enjoyment  ol  his  proper- 
ty in  them,  so  long  as  it  coniiitues  to  be  a  :eriit(jry.  Or,  in  other 
words,  whuihor  the  inhabitants  of  a  territory,  during  their  territo- 
rial oond.tion,  have  the  right  to  prohibit  slavery  tlieiein.  For  the 
purposes  of  ihis  question,  it  matters  not  where  the  power  of  legis. 
Jating  for  the  territory  rcsiiles — whcth.'r  exelusively  in  Congress, 
or  jointly  in  Congress  and  ih"  inhabitants,  or  exclusively  in  the  in- 
habitants ol  the  territory:  the    power    is    pioeisely    the  same no 

greater  in  the  bands  of  one  than  the  other.  In  no  event,  can  the 
slaveholder  otthe  South  be  excluded  Irom  seitlniL'  in  such  territory 
with  his  property  of  every  de.-cripiion.  II  the  riiiiit  ol  cxelusivo 
legislation  hir  the  terniories  belong  to  Congress,  then  1  ha  "O 
shown  that  they  have  no  constitutional  |iower,  either  expressed  or 
implied,  to  prohibit  hbiverv  there  n.  But  suppose  that  Congress 
have  the  right  to  cs'ablish  a  territorial  govcrnincnt  only,  amfthat 
then,  all  further  governmental  contrid  ceases:  can  the' ten  iti. rial 
legislature  pass  an  act  prohibiiing  slavery  f  Surely  not.  Fortho 
moment  you  admit  the  right  to  organize  a  icrritoiial  ijovcrnment 
to  exist  in  Congress,  you  admit  necessarily  the  siihoTdination  of 
the  people  of  lite  territoiy— their  depenileiice  on  this  government 
for  an  organic  law  to  give  thim  political  existence,  "llence.  all 
their  IcL'isbiiion  tiiust  ho  in  conlonniiv  with  that  organic  law;  they 
can  pass  no  act  in  violation  of  it — nono  but  such  as  it  permits 
Sinc-0,  thcroforc,  Congress  has  no  puwer,  as  I  have  shown    lo  mo. 


hibit  slavery,  they  cantiot  delegate  such  a  powerto  the  inhabirants 

of  the  tenitory;  they  cannot  authorize  ihe  territorial  legislature 
to  do  that  whii  h  they  have  no  power  lo  do  Jlie  stream  cannot 
rise  higher  than  its  source.  This  is  as  true  in  government  as  in 
physics.  It  is  idle,  however,  to  discuss  this  quest'on  m  ihts  lorm. 
For  if  Congress  possess  the  power  to  organize  temper  rv  govern- 
ments, It  must  then  possess  the  power  to  legislate  lor  the  teirito- 
rtes.  If  they  may  perfoim  the  greater,  they  may  the  less;  the 
major  int-ltides  the  minor  prt'position.  Hence,  Cimgress  has,  in 
all  cases  since  the  foundation  of  our  government,  reserved  a  veto 
upon  the  legislation  of  the  tetriiorial  governments:  it  is  absolutely 
necessary,  in  order  to  reslr.iin  ilicm  from  violations  of  the  const!- 
tution,  and  infrincements  of  the  rights  of  the  States,  as  the  joint 
ow  ners  of  the  pnhlie  lanils.  If,  therefore,  an  aet  nf  the  territorial 
legislai  lite,  pri  hibiting  slaveiy.  should  be  .-enl  up  to  Congress  for 
approval,  they  would  i'C  bound  to  withhold  it.  upon  the  ground  of 
its  oeing  an  act  which  Congress  themselves  could  not  pass- 
But  suppose  the  right  ol  Icgislaiion  ft.r  the  territories  be  in  its 
inhabirant ,  can  they  prohibit  slavery  ?  Surely  not ;  and  for  reasons 
similar  to  those  wbieli  sliow  that  Congress  cannot. 

T  he  territories  arc  not  independent  of,  but  subordinate  to  the 
United  Stales;  and,  tbeiefore,  their  legislation  must  bo  suboidi- 
iiate  Let  us  look  at  some  ol  the  limitations  which  this  condition 
imposes  Under  the  constiiuiion.  'no  title  of  nobility  shall  be 
granted  by  the  United  State-;"  Congress  shall  make  no  law  res- 
jieeiing  tlie  establishment  ol  religion,  or  prohibiting  the  free  exer- 
cise thereof;"  no  religious  lest  shall  be  required  as  a  qualification 
to  any  lilfice  or  public  trust  under  the  United  States;"  "the  priv- 
ilese  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless 
when,  in  cases  of  rebellion  or  invasion,  the  public  safety  shall  re- 
quire it."  It  is  true,  these  restriciions  do  not  apply  in  terras  to 
the  lerritories;  but  will  it  be  contended  for  a  moment  tbat  they 
would  have  ibe  right  by  legislation  to  lay  ihcse  ioipositions  upon 
citizens  of  the  Stales  who  emigiate  thither  for  settlement?  Under 
the  oonstituiion,  "the  United  States  shall  guarantee  to  every  Slate 
in  Ihis  Union  a  republican  form  of  government."  Could,  then, 
the  inhabitants  of  a  lerritory  establish  a  monarchy?  Certainly  n.  t. 
Why?  The  ultimate  object  lor  which  territories  are  held  points 
out  the  reason.  It  is  to  admit  them  as  Slates  into  this  Union. 
Hence  ihe  importance  and  necessity  of  requiring  them  to  adopt  a 
republic  form,  that  they  may  be  suitable  associales  in  our  great 
confederacy.  They  must,  therefore,  bo  considered  asunder  the  pu- 
pilage of  the  federal  governmenl. 

Sovereijrnty  follows  the  ownership  of  the  domain,  and  therefore 
the  sovereignty  over  the  territories  is  in  the  States  in  their  conled- 
eraied  capacity:  hence,  the  reason  that  the  legislaiion  of  Congress, 
as  the  agent  of  the  States,  respecting  the  territories,  most  be  li- 
mited by  the  object  ol  the  trust,  the  situation  and  naiure  of  the 
property  to  be  administered,  and  the  respective  rights  of  the  pro- 
jier  owners.  Now,  if  the  sovereignty  over  the  territories  is  in  the 
States,  and  the  right  of  legislation  not  in  Congress,  but  in  ibe  in- 
habitants of  the  lerritories,  it  is  evident  thai  they  can  have  no 
higher  richls  of  legislation  than  Congress  could  have.  They  inust 
be  bound  by  limita  ions  just  mentioned;  and  il  the  prohibition  of 
slavery  in  the  territories  by  Congress  be  inconsistent  with  these 
limitations,  its  prohibition  by  the  territorial  legislature  would  be 
so  likewise. 

If.  possessing  the  right  of  legislation,  the  inhabitants  of  the  ter- 
ritories  are    bound  by  ihe   limitations  to  which   I  have  alluded,   it 
may  be  asked,  who  holds   the  check  upon    ihcir  action?     1    reply, 
that  it  is  indispensable  for  Congress  to  exercise  'he  veto  upon  the^r 
legislation.     Who  else   can    restrain    thetu  froin    "entering  inlo  a 
treaty,  or  alliance,  or  confederation,''  with  foreign  powers?  "irom 
granting  Icilers  of  marque  and  reprisal,  coining  money,  emitting 
bills  of  credit'''     Who  else  shall  pi  event  them  froin  creating  orders 
of  nobility,  establishing  a  church,  or  suspending    the  operation  of 
the  writ  of  habeas  corpus?     Who  else  shall  guide  them  in  the  repub- 
lican path  which  shall  lead  them  to  preparation  lor  final  admission 
into  the  Union?     Who  else  shall  prevent  their  passing  laws  in  vio- 
lation of  the  equal    rights   of  the    States  in  the  territory  which  is 
Ihe  common  property  of  ali?     Wilhout  the  letention  of  a  veto  upon 
the  legislation  of  the  ten  itorial  governmenis,  it  would  make   the 
inhabiiaiits  of  the  territory  independent  of  Congress;  aye,  il  would 
establish  the  proposition,   that   tiie  moment  you  conquer  a  people, 
they  rise  superior  lo  the  governmenl  that  conquers.     New  Mexico 
and  California  are  ours  by  treaty,  but  for  all  the  purposes  of  tl<is 
argument,  wo  have  acquired  them  by  conquest .     Toasseri,  ibere- 
loie.  that  they  hove  the  right  to  legislate  over  all  subjecis — to  pro- 
lilbii  slavery — despite   the  consent  of   (he  United  Stales,  is  to  say, 
thai  by  our  conquest  of  them,  they  become  invested  with  rights  su- 
perior to  those  i>f  Congress.     The  insiiiution  of  slavery  is  guaran- 
tied by  Ihe  constituiton  of  the  United  States,  and  it  has  the  same 
pruioetion  t  hi  own  around  it.   .\  hich  guards  luir  citizens  against  the 
granting  of  lilies  of  nobility,  or  the  establishment  of  religion;  lliero- 
lorc  Congress  would  be  as  much  b^unil  to  ve  o  an  act  of  territorial 
legislation  prohibiiing  it,  as  an  act  violating  these  lights  of  every 
ciiizen    of  the    Uepuhlic.      It  is   in    iliis   view  that   I    support  the 
amendment  of  tho  Senator  from  Mississippi,  [Mr.  Davis  ] 

Mr.  MAKGUM —Does  not  General  Cass  take  tho  position, 
that  ihe  people  of  l.'icse  terriiorics  shall  have  the  entire  control  of 
this  question,  and  that  Congiess  has  no  iurisdiclion  over  this  sub. 
jeci? 

Mr.  JOHNSON.— General  Cass  asserts  that  Congress  has  no 
juiisdiciion  over  ilio  subjict.  He  does  noi  sav  that  the  people  of 
these  iciiituriub  hu\e  the  onjjioal  n^ht  to  admit  or  escludo  slavery. 


July  7.J 


THE  OREGON  BILL, 


S51 


He  is  in  favor  of  leaving  it  to  them  to  "rejrnlate  it  for  themselves, 
under  the  general  principles  of  the  constitution." 

Mr.  MANGUM. — As  I  wish  to  come  to  as  flear  at\iin(lerstan'ling 
of  General  C  iss's  opinions  as  I  can,  let  me  suppose  'i\  ease.  Emi- 
grants go  into  ihese  territories  ;  the  terriiorial  le<;ishitnre  pass  au 
act  abolishing  slavery  ;  ihe  act  comes  here  for  the  cononrrence  of 
Congress,  as  it  must,  and  Congress  approves  ir  :  would  General 
Cass  veto  or  sign  the  act  ?  Or  suppose  the  reverse.  The  terri- 
torial legislauiro  establishes  slavery  ;  the  act  comes  hero  and  is 
approved  :  what  would  General  Cass  do  ? 

Mr.  JOHNSON. — I  can  only  reply  that  General  Cass  nowhere 
asserts  the  abstract  right  of  tlic  people  of  the  terriiories  to  estab- 
lish or  prohibit  slavery — he  does  not  use  ihcse  terms.  Ho,  in  two 
instances,  uses  the  word  to  "regulate,"  and  in  one  instance,  to 
"adjust,"  both  of  which  imply  something  very  different  from  "es- 
tablishing"  or  "excluding." 

Mr.  MANGUM. — This  is  free  territory  I  am  now  speaking 
about.  Suppose  a  North  Carolinian  emigrates  to  New  Mexico 
with  his  slaves  ;  they  must  either  be  recognized  as  property  or  not ; 
■who  has  the  right  to  determine  that  question  ? 

Mr.  JOHNSON.— I  think  that  question  has  already  been  de- 
termined by  the  late  treaty.  I  think,  by  proceeding  regularly 
with  ray  argument,  that  the  Senator  from  North  Carolina  will 
have  as  good  an  answer  to  his  question  as  I  am  capable  of  giving. 
The  Senator  says  that  New  Me.xico  and  California  are  now  free 
terriiories. 

Mr.  MANGUM. — So  I  understand  them  to  be. 

Mr.  JOHNSON  —He  desires  to  know,  if  a  North  Carolinian 
Dvero  to  remove  to  New  Mexico  with  his  slaves,  what  would  be 
the  effect  of  his  passing  the  Rio  Grande  ?  would  the  act  emanci- 
pate his  slaves,  or  would  he  still  be  entitled  to  their  use  and  en- 
joyment ?  I  have  no  doubt  I  can  answer  the  question  fully  and  sa- 
lisfaoiorily  to  the  mind  of  any  legal  gentleman  such  as  I  know  the 
Senator  to  be. 

Mr.  MANGUM. — What  would  be  the  opinion  of  General  Cass 
upon  the  subject,  according  to  his  views  as  expressed  in  his  letter  ? 

Mr.  JOHNSON. — I  have  given  to  the  Senator  my  interpreta- 
tion of  General  Cass"s  letter.  He  is  willing  to  leave  the  'regu- 
lation" of  slavery  to  the  people  of  the  territories — :  peaking  as 
though,  in  contemplation  of  law,  it  is  an  institution  ahe:idy  in  ex- 
istence there,  which  I  shall  show  is  true.  The  gentleman  is  as 
capable  of  understanding  General  Cass  as  I  am.  We  ask  in  vain 
for  the  opinions  of  General  Taylor  upon  this  identical  question.  The 
oracles  give  to  all  our  inquiries  the  most  doubilul  responses.  All 
I  can  do,  after  giving  him  my  construction  of  it,  is  to  imiiate  that 
Sena' or.  When  asked  for  General  Taylor's  opinions,  he  refers  us 
to  his  letters  ;  so  I  refer  him  to  General  Cass's. 

In  the  constitution  of  Mexico,  adopted  in  1824,  there  was  no 
provision  upon  the  subject  of  slavery,  either  toleraiing  or  prohibit- 
ing it.  But,  in  the  amended  const  ilutiou  of  1834,  slavery  was  for- 
bidden in  that  republic  The  pri'vision,  I  understand,  was  adopt- 
ed in  obedience  lo  the  dictation  of  Great  Britain,  for  iho  purpose 
of  enabling  Mexico  to  form  an  advantageous  treaty  wiih  that 
power,  lis  prohihiiion,  therefore,  was  a  political  legulaiion.  I 
understand  there  is  no  municipal  enactment  on  the  subject  either 
in  New  Mexico  or  California.  The  federal  constitution  rendered 
it  unnecessary. 

Mr.  DAVIS,  of  Mississippi. — There  is  none. 

Mr.  JOHNSON. — The  Senator  from  Mississippi,  who  is  better 
informed,  assures  me  there  is  none.  If  I  understand  the  law  of 
nations,  it  is  this,  as  expressed  in  the  following  langua^  ol  a  judge 
of  the  Sui  remo  Court  of  the  United  States,  in  1  Pecer:>'3  Ke- 
ports,  511: 

"  On  a  transfer  of  territory,  it  has  never  been  held  that  the  relaliotiB  of  the  inhabit- 
•ntB  with  tat-h  other  undergo  aliv  change.  Their  relations  wiih  ihelbrmer  soverei^ 
a-e  dissolved,  and  new  relalions  are  created  between  liitm  and  the  government  which 
has  acquired  iheir  territory.  The  same  act  which  Iransters  their  counlry.  tranalers  the 
atlegiaace  oftlioie  wlio  remain  in  it,  and  tlie  law  whicli  may  lie  rli  noinitimed  putiti- 
ca/.  Is  necessarily  changed  ;  althongti  that  which  repulales  the  inten  curse  :ind  pene- 
ral  conduct  of  individuals  remains  in  force  until  altered  by  the  newly-ciealed  power 
of  the  Slate." 

It  is  upon  this  principle  of  international  law,  that,  upon  the  ces- 
sion of  the  territories  of  New  Mexico  and  C.ilifornia,  the  Caholic 
religion  ceased  to  be  a  State  esrablislimenr  Under  the  constitu- 
tion of  that  republic,  it  is  a  political  institution,  and,  therefore, 
ceased  as  such,  and  the  principle  of  free  toleruion,  which  is 
equally  a  political  regulation  of  this  government,  supervened  ;  and 
any  citizen  of  the  United  States  removing  .nto  those  terriiories, 
has  the  right  to  enjoy  his  own  peculiar  religious  sentiments.  So 
the  prohibition  of  slavery  by  iho  constitution  of  Mexico,  "may  be 
denominated  poliiical,"  and  was,  therefore,  "necessarily  changed" 
upon  the  execution  of  the  treaty  of  cession.  In  New  Mexico  and 
California,  therefore,  there  is  no  law,  either  political  or  municipal, 
forbidding  the  existence  of  slavery,  it  is  equally  well  settled,  that 
the  political  law  of  territory  the  acquired,  ceasing,  the  poll  ical 
laws  of  the  counlry  acquiring,  supervene.  Now,  is  not  slaveiy 
in  the  UniiedStates  a  political  as  well  as  a  municipal  institution  ? 
It  is  municipal,  in  that  its  entire  control  and  continuance  belong  to 
the  State  in  which  it  exists  ;  and  it  is  political,  because  it  is  re- 
cognized by  the  organic  law  of  the  confederacy,  and  cannot  be 
changed  or  altered  by  Congress,  without,  an  amendment  of  the  con- 
etitmion  ;  and  because  it  is  a  fundamsntal  law,  that  threo-Qlthi  o( 


the  slaves  are  represented  in  the  national  legislature.  Being  po. 
lilical,  upon  the  execution  of  the  treaty  of  cession  with  Mexico,  it 
exl  ended  eo  imlanti,  over  the  territories  of  New  Mexico  and  Cali- 
fornia. Then.  I  say.  if  a  fellow  citizen  of  the  Senator  from  North 
Caolina  [Mr.  Mangum]  were  to  remove  with  his  slaves  into  New- 
Mexico,  his  right  to  their  use  and  service  is  gnarantied  by  the 
consiitiition  of  the  United  States,  and  no  power  on  earth  can  de- 
prive him  of  them. 

This  view  fully  meets  the  objections  to  the  amendment  offered 
by  the  Senator  from  Mississippi  [Mr.  Datis  ]  It  is  urged  ihat 
slavery  does  not  exist  in  New  Mexico  at  d  California  ;  that  they 
are  free  territories  j  and  althuugh  we  deny  to  Congre9^  anv  juris- 
diction over  the  subject,  yoi  we  ask  Congress  by  ihis  amendment 
to  establi^h  slavery  therein.  We  ask  of  Congress  no  such  ihing. 
Uprm  the  execii'irm  of  the  treaty,  all  prdilical  regulaturns  ol  the  - 
United  States  were  extended  over  thesi'  inrritories,  and  the  insti- 
tution of  slavery  being  poliiical  in  its  character,  it  now  exists,  in 
legal  intendment,  as  absolutely  in  New  Mexico  and  California,  as 
it  does  in  Virginia  or  Georgia.  It  is  a  misapplication  of  terms,  to 
speak  of  prohibiting  slavery  in  the  territory  III  the  United  States. 
It  alieady  exists,  in  contemplation  ol  law,  and  the  legislation  pro- 
posed Hmounts  to  aboliiion.  Against  this  only,  does  iho  amend- 
ment of  ihe  Senator  Irom  Mississippi  seek  to  protect  the  citizens 
of  the  South.     Have  they  not  a  right  to  claim  that  protection  1 

In  denying  the  power  of  the  territorial  legislatures  to  exclndo 
citizens  of  the  slavehnlding  States  to  settle  in  the  territories  with 
their  slaves,  I  say  nothing  in  violation  of  the  right  of  self-govern- 
ment. The  right  of  self  government  does  n.rt  necessarily  imply 
the  right  to  do  any  and  every  thing  which  they  may  think  proptr 
to  do.  The  States  of  this  Union  po.ssess,  in  the  most  absolute  de- 
gree, the  right  of  self-government  ;  and  yet  they  must  legislate 
in  subordination  to  the  constitution.  They  are  limited  in  their  ac- 
tion lo  the  terms  of  the  compact  into  which  ihcy  have  voluntarily 
entered.  They  must  respect  the  relation  they  sustain  to  the  con- 
federation. Is  it,  then,  any  hardship — any  abbreviation  of  their 
rights — to  require  ihe  territorial  governments  to  be  subordinate 
also  to  the  constitution,  and  to  regulaio  their  action  according  to 
the  regulations  which  they  sustain  to  ihe  United  States? 

If  you  assert  the  broad  pi  oposiiion  ihat  the  iiihabitunis  of  the 
territory,  by  virtue  of  the  right  of  sell  government,  h.ive  the  right 
to  exclude  slavery  therein,  the  question  arises,  how  many  inhab- 
itants shall  there  be  to  enable  them  to  do  ihis?  Shall  it  be  five 
hundred,  or  ten  or  twenty  ihousand?  Shall  a  few  thousand  people 
in  Oregon — a  vast  tcrrilory  out  of  which  five  or  si.x  large  Siaics 
may  be  carved — determine  that  question  for  all  future  generations, 
and  fix  their  destiny  for  all  tin^e  to  come?  Shall  a  low  thoi.sand 
half-civilized  Mexicans,  inhabiting  the  territories  of  Caliloinia 
and  New  .Mexico,  decide  what  insiitulions  shall  exist  there  ?  The 
idea  is  ridiculous  and  absurd.  The  Slates  ol  this  Union  have  too 
deep  an  interest  in  these  vast  dominions  to  permit  them  to  be  sur- 
rendered to  such  a  control  and  such  a  destiny. 

When,  then,  shall  ihey  be  permi'ted  to  settle  this  question  ? 
Just  at  that  point  of  lime  when  iliey  shall  form  their  poliiical  or- 
ganization. Then  definite  boundaries  will  be  fixed  which  shall 
constitute  a  Stale  ;  then  the  people  of  the  Siates  will  consent  to 
part  with  their  sovereignty  over  the  territory,  and  transfer  it  to  the 
people  within  those  limits  ;  then  they  will  have  arrived  at  ihat 
point,  in  the  progress  of  republican  pupilage,  at  which,  according 
to  the  usages  ol  our  government,  they  may  be  adiniticd  as  a  Stale, 
and  partieiiiate  in  the  councils  of  the  confcderaiion  :  ihen  ihey 
may  decide  for  themselves  whether  or  not  tlicy  will  tolcraie  slave- 
ry as  a  part  of  their  social  system.  Until  iheii,  like  Gene  al  Lao, 
viewing  the  inslilution  of  slavery  as  existing  in  legal  iniendmeni, 
"lam  in  favor  of  leaving  to  ihe  people  of  .my  territory  •  •  •  •  • 
the  right  to  regulate  it  for  themselves,  under  the  general  princi- 
ples of  the  consiilulion." 

But  suppose,  Mr.  President,  yon  have  the  right  to  prohibit 
slavery  in  the  territories  of  the  United  States,  wlmt  high  poliiical 
consideration  requires  you  'o  exercise  it?  All  must  aeo,  thai  it 
cannot  be  effected  without  producing  a  popular  convulaion  which 
•will  probably  dissolve  this  Union.  It  it  aduiitied  l.y  all,  thai  as 
soon  as  the  lerriioiies  are  formed  inio  Slates,  and  iliiy  shall  la 
received  into  the  confederacy,  they  have  the  right  to  adopt  blavo- 
ry.  Will  they  not  do  it,  if  liic  soil  and  climate  siiould  dcnionsiraie 
that  kind  of  labor  to  be  most  profitable  ?  Then,  why  luizard  all 
that  is  valuable  in  this  glorious  conlederaiion,  for  ihe  sinuli  pur- 
pose of  snppiesssing  an  imaginary  evil,  for  so  short  a  period  of 
time  !  Is  the  good  to  be  accomplished  worth  the  fearful  expuri- 
luent  ? 

It  is  said  that  the  growth  of  the  "  slave  power"  in  this  govern- 
ment must  be  slopped;  that  the  three-tilths  of  slaves,  who  are  rep. 
resented  in  Congre.-s,  givo  an  undue  weight  lo  the  southern  biaies. 
Sir,  what  hnrra  has  iho  "  slave  power"  ever  done  lo  ihis  republic? 
Have  not  the  southern  Slates  always  been  true  to  ihecon.-,Uiuiioii? 
Have  they  not  strictly  ahuled  all  its  compromises  and  giiaramees? 
Have  they  not  been  loyal  to  the  interests  of  the  republic  ?  Have 
they  ever  been  slow  or  reluctant  to  contribute  their  share,  aye, 
anJ  more,  of  men  and  money  to  defend  ils  honor,  or  repel  ibe  in- 
vasion of  a  foreign  foe?  Then,  why  tell  us,  with  a  sneer,  that 
the  •'  slave  power"  must  be  arrested,  as  if  it  were  a  foul  blot 
upon  our  national  esculcheon? 

But  by  prohibiting  slavery  in  the  territories,  do  you  diminish  ils 
representative  strength  in  Congress  ?  Surely  nui;  their  number 
remains  the  same.  By  pennitling  it  to  extend  into  the  territories, 
do  you  increase  it?  By  no  means.  Their  number  siill  remains 
the  same.    You  do  not  make  a  slave  of  a  single  other  huiuan  be° 


852 


THE  OREGON  BILL. 


[Friday, 


ijg.  Their  increase  in  this  country  depends  entirely  upon  the 
law  of  population;  and  wherever  they  may  he,  they  will  be  repre- 
sented ia  Congress  according  to  the  stipulation  of  the  constitution, 
lu  proportion  as  they  recede  from  one  State  to  anoiher,  it  will  di- 
minish the  representative  strength  of  the  State  which  they  leave, 
and  increase  that  to  which  they  emigrate.  It  is  idle,  then,  to  talk 
of  diminishing  the  slave  power  in  the  government  by  the  process 
proposed. 

]s  there  any  great  interest  of  philanthropy  which  requires  the 
interference  wilh  the  question  of  slavery  which  this  bill  proposes? 
We  should  look  well  to  this,  to  see  whether  humanity  will  not  suf- 
fer by  ihe  very  means  sought  to  be  used  for  its  amelioration.  A 
half  century  is  but  a  span  in  the  history  of  governments;  it  soon 
rolls  away.  Our  black  population  is  rapidly  increasing.  What, 
then,  must  be  the  consequence  of  confining  them  within  their  pre- 
sent limits  ?  In  the  progress  of  years,  (and  that  very  soon.)  you 
will  have  the  slave  States  crowded  with  a  population  so  dense, 
that  the  products  of  the  soiTwill  not  yield  acompeient  subsistence. 
Their  comforts  diminish,  and  they  endure  the  ills  of  want.  What 
relief  can  then  be  given  them  ?  Will  it  bo  found  in  emancipation? 
Emancipation!  To  what  end?  Would  you  turn  them  loose 
within  tlieir  present  limits,  in  juxtaposition  with  the  white  man, 
and  vastly  his  superior  in  numbers  ?  Sir,  the  very  idea  makes  the 
blood  curdle  in  one's  veins.  It  would  be  the  signal  for  exiermi- 
nation  and  indiscriminate  slaughter.  Emancipation!  To  what 
end  ?  Would  our  northern  brethren  receive  them  into  their  em- 
braces ?  Their  doors  would  be  closed  against  them  forever;  or  if 
they  received  them,  it  would  be  to  aggravate  their  miseries.  For 
whilst  they  descant  eloquently  about  the  hardships  of  involuntary 
servitude,  it  is  undeniably  true,  that  the  free  blacks  of  the  North 
are  more  degraded  than  the  slaves  of  the  South-  You  tantalize 
them  with  the  name  of  freedom,  but  deny  them  all  its  social  and 
civil  blessinirs.  Emancipation!  To  what  end  ?  Would  you  send 
them  abroad  ?  Sir,  the  entire  annual  revenues  of  this  government 
would  fall  infinitely  short  of  accomplishing  such  an  undertaking. 
iScsides,  you  have  no  right  thus  to  appropriate  them.  It  behooves 
statesmen  to  look  far  down  the  vista  of  the  future  and  scan  well 
the  consequences  of  their  legislation.  It  is  infinitely  belter  to  let 
the  whole  subject  alone;  leave  the  institution  to  work  out  its  own 
destiny  under  Providence,  and  according  to  the  immutable  laws  of 
labor,  climate,  and  soil.  If  you  confine  it  within  its  present  lim- 
its, you  mitigate  none  of  ils  imaginary  evils,  but  you  multiply 
them  with  the  increase  of  population  and  the  lapse  of  years,  and 
inevitably  force  them  to  a  fate,  at  the  contemplation  of  which,  the 
the  benevolent  heart  becomes  sick  and  sad.  I  would  implore  gen- 
tlemen to  pouJtr  upon  these  reflections  and  decide  upon  these 
great  interests,  as  in  the  presence  of  God,  and  with  direct  refer- 
ence to  the  retributions  of  hereafter. 

But  the  restriction  proposed  liy  this  bill  is  said  to  be  of  no  prac- 
tical iniponance  whatever.  We  are  told  that  Oregon  is  not 
adapted  to  slave  labor;  tha',  in  the  character  of  its  soil  and  cli- 
mate, nature  has  erected  impassable  barriers  against  the  ingress 
of  sla.very.  The  South  are  therefore  taunted  W'ith  being  fomen- 
ters  of  discord,  schismatics,  and  impracticablcs,  because  we  re- 
sist this^  exercise  of  legislative  power.  Sir,  the  argument  is  as 
strong  for  us,  as  for  those  who  use  it.  If  it  be  not  a  practical 
question  for  us,  it  cannot  be  for  them.  If  nature  has  erected  these 
insurmountable  obslaeles,  why  are  they  not  content  to  trust  to 
them  >  Why  seek  to  prohibit  slavery  from  going  where,  by  their 
own  showing,  it  never  will  go  ?  Is  there  any  constitutional  obli- 
gation  resting  upon  gentlemen  to  press  this  prohibition  ?  Then 
why  persevere  ?  It  is,  and  can  be  nothing  else,  than  a  wanton 
exercise  of  power. 

But  to  the  South  it  is  a  practical  question — a  question  of  mo- 
mentous, vital  import.  It  asserts  the  constitutional  right  of  Con- 
gress to  entertain  legislative  jurisdiction  over  the  subject  of  sla- 
very.  What  is  done  here  to-day  will  be  plead  as  a  precedent  to- 
morrow. We  war  against  the  principle  ;  and  if  vou  were  to  pro- 
pose to  prohibit  slavery  in  the  moon,  I  would  stand  here  and  bat- 
tle against  it,  as  long  as  I  could  raise  my  voice  or  move  a  muscle. 
Yon  have  no  right  to  touch  the  subject  ;  and  it  is  insulting  and  hu- 
miliating to  the  t'outh,  merely  because  you  have  the  luimerical 
piiwer,  to  attempt  to  prohibit  slavery,  where  you  yourselves  say, 
that  it  never  can  go.  Let  those  who  move  it  bear  the  odium  of  the 
consequences. 

Sir,  in  1820,  when  the  Missouri  compromise  was  adopted,  we 
fondly  hoped  ihis  ogitaling  question  was  put  to  rest,  never  again 
to  be  called  fiuth  from  it  slumbers,  with  ils  hideous  train  of  .-spirits 
of  discord,  agiuuion,  and  strife.  Nor  has  it  been  by  the  South.  She 
has  faiihfully  abided  that  compromise,  although  it  was  forced  upon 
her.  Nor  does  she  now  ask  any  thing  at  the  hands  of  Congress. 
She  is  for  peace,  for  standing  by  the  constitution,  in  all  the  length 
•and  breadth  of  ils  compromises  and  guarantees.  But  can  this"be 
said  of  our  northern  brethren  ?  No,  sir  ;  from  that  day  to  this  wo 
have  been  called  "  men-stealers,"  '' traffickers  in  human  flesh." 
and  our  feelings  outraged  in  every  form  which  fanaticism  ouuld 
suggest.  Abolition  societies  have  been  formed  throughout  the 
northern  States,  lor  the  purpose  of  organized  ami  systematic  inter- 
Torcnco  with  our  rights  and  domestiu  tranquility.  The  country 
lias  been  inundated  with  incendiary  jiublications.  Congress  has 
been  literally  besieged  with  abolition  petitions.  In  many  of  the 
free  States,  the  provision  in  the  constitution  providing  for  the  re- 
covery of  fugitive  slaves,  and  the  act  of  1793,  intended  to  oarrv  it 
into  effect,  have  been  wholly  disregarded,  and,  in  some  instances 
the  owner  inhumanly  butchered,  in  the  attempt  to  reclaim  his  pro-' 
party.    Xho  following  eiHacl  from  the  report  of  th«  Judiemry 


Committee  of  the  Senate  shows  to  what  extent  the  legislatures  of 
free  States  have  gone,  to  defeat  the  southern  slave-owner  in  efforts 
to  recapture  his  lugitive  slaves  ; 

"Several  of  the  non-slaveholdinp  States,  those  to  the  East  and  Ncrlh  eEpecially. 
have  shaped  their  )e;ii.^latioii  in  sui-Ti  a  manner  as  to  repeal  all  State  laws  in  la\or  of 
a  master  in  pursnil  otiiis  Uigjlive  slave,  holding  such  laws  as  onconsntutional,  and  as 
a  d,-ad  letter  on  llie  statute  book.  And  thtse  States,  or  many  of  them,  have  gone  much 
further,  and  have  passed  laws  making  it  penal  for  the  judicial  and  mini>teriaIotfioeri 
to  interfere  or  pive  aid  in  the  apprehension  and  delivery  of  a  fuiiirive  slase  lo  his  own- 
er. Instead  of  heing  friends  under  the  constitution  lO  afford  active  aid  in  the  delivery 
lliey  liave  devised  a  system  of  hostile  legislation  to  deprive  him  of  aid.  Instead  of  be- 
ing allies  to  discharge  an  obligation  imposed  on  them  they  have  become  hostile  oppo- 
nents to  defeat  it.  "  - 

"  Let  these  laws  speak  for  themselves.  The  following  a>e  tlie  laws  of  Massachu- 
setts and  Rhode  Island.     Having  an  identity  of  design,  they  use  the  same  langu-^ge  : 

"  '  Sect'ON  ].  No  judge  of  any  court  of  record  in  this  Stale,  and  no  justice  of 
the  peace,  shall  hereafter  take  cognizance  or  grant  a  cenilicatc  in  ca'-'s  that  mayarise 
under  ihetliiid  seclion  of  the  act  of  Congress,  passed  Fchrniuy  12.  17&3.  anil  enlilled 
'An  act  respectin;.'  Iiigitives  fiom  juslice,  and  persons  escaping  tronithe  serviceof  iheir 
master.,'  lo  any  persrm  vvlio  claims  any  other  person  as  a  fugitive  slave  within  thejn- 
risdiclioii  of  the  State. 

'•  Stc.  2.  No  slierifT,  deputy  sheriff,  coroner,  constable,  jailor,  or  other  officer  of 
this  Slate,  sltall  hereafter  arrest  or  detain,  or  aid  in  the  arrest  or  detention  or  imprison- 
ment, in  any  jail  or  oilier  building  belonging  lo  Ihis  Slate,  or  10  any  county,  city,  or 
town  thereof,  of  any  l>eison  for  ihe  reason  that  he  is  claimed  as  a  filgiiive  slave. 

*'  '  Sec.  ;t.  .^ny  justice  of  the  peace,  sheriff,  deputy  slicrift',  coroner,  consiable,  or 
jailor,  who  shall  ofiend  against  the  piovisions  of  this  law  in  any  way,  direclKor  indi- 
rectly, under  the  power  conleried  by  the  third  seclion  of  the  act  of  Congiess  afore- 
mentioned, shall  forfe.l  a  sum  not  exceeding  five  hundred  dollars  lor  every  such  of- 
fence, to  the  use  of  the  State,  or  subject  to  imprisouiiient,  not  e.xceeding  six  months, 
in  the  county  jail.' 

"  Laws  of  Uie  same  effect  are  now  in  force  in  all  tlie  northern  and  eastern  States, 
and  in  some  of  the  north  western  non  slaveholding  States, 

"  This  subject  was  very  much  discussed  during  the  last  session  of  the  legislature  of 
New  York  ;  and,  as  an  evidence  of  public  ojrinion  in  thai  Slate,  it  may  be  stated  thai 
one  of  the  branches  of  that  legislature  gave  its  sanction  to  a  bill  to  pruhibil  the  fetale 
0tiicer3  from  interfering  to  assist  a  master,  imposing  iiigh  penalties  on  such  as  should 
give  active  aid  to  ihe  owner  in  his  eflbrts  lo  apprehend  his  lugitive  slave.  It  seems 
that  this  bill  did  not  pass,  upon  the  ground  that  Stale  ofticers  had  no  authority  under 
State  laws,  they  bein^r  a  dead  teller  ;  and  that,  therefore,  there  was  an  implied  inbibi- 
lion  on  State  olficers  irom  interfering  in  such  cases." 

Sir,  these  things  would  seem  to  want  the  South  that  the  day  is 
not  distant,  when  she  will  be  forced  lo  stand  firmly  upon  her  con- 
stitutional rights.  ':' 

Nor  does  this  interference  with  the  rights  and  tranquility  of  tha 
South  stop  here.  Look  at  recent  proceedings  in  the  federal  legis- 
lature. In  the  last  Congress,  the  three  million  bill  being  under 
consideration,  Mr.  Wilmot  moved  as  an  amendment : 

"  That,  as  an  e,vpress  and  fundamental  condition  lo  the  acqntsision  of  any  territory 
from  the  republic  of  Me-\ico  by  llie  United  Stales,  by  virtue  of  any  treaty  which  may 
be  iicgotialed  between  them,  and  to  the  use  by  the  Executive  of  tlie  moneys  herein 
appropriated,  neither  slavery  nor  invoiuiitary  servitude  shall  ever  exist  in  any  part  ol' 
said  territory,  except  for  crime,  whereof  llie  parly  shall  first  be  convicted."        ,    .,  , ,  ., 

Mr.  Wiek,  of  Indiana,  moved  to  amend  the  amendraenr,  by  in- 
serting therein,  after  the  word  "territory,"  the  words  "'north  of 
thirty-six  degrees  and  thirty  minutes  north  latitude."  It  was  vo- 
ted down  by  yeas  54  to  nays  98  ;  and  the  Wilmot  proviso  was 
adopted  by  yeas  S3  to  nays  t)4. 

Again,  during  the  last  session  of  Congress,  the  Oregon  bill  be. 
ing  under  consideration,  Mr.  Burt,  of  South  Carolina,  submiltej 
the  following  amendment  : 

'■  Insert  in  thetwelfth  section,  after  the  word  'and,'  and  before  the  words  'shall  be 
subject,'  the  words  'inasmticli  as  the  tchale  of  the  said  terrtlery  /I'cs  vorth  of  thirty- 
six  drtrrees  thirty  minutes  nctrth  latitude.,  known  as  the  tint  of  the  Missouri  com 
promise." 

Here,  again,  the  olive  branch  was  tendered  by  the  South,  and 
rejected  by  a  vote  of  yeas  82  to  nays  114  ;  and  the  bill,  with  the 
Wilmot  )iroviso,  adopted  by  yeas  134  to  nays  35. 

The  whole  history  of  public  feeling  and  opinion  in  the  free  States, 
w'hetber  we  look  at  the  action  of  popular  assemblies  or  proceed- 
ings of  their  legislatures,  or  to  the  course  of  their  representatives 
in  Congress,  mournfully  warns  the  South,  that  she  must  stand  upon 
her  constitutional  lights,  I  trust,  sir,  when  the  crisis  comes,  she 
is  prepared  to  do  it. 

Mr.  FOOTE. — My  friend  from  Georgia  has  spoken  very  em- 
phatically of  the  action  of  Congress  ;  and  has  very  strenuously  en- 
lorced  this  view  of  the  subject— that  in  this  body,  and  so  lar  as  he 
has  taken  a  review  of  the  other  House,  the  North  has  been  uni- 
formly arrayed  against  the  South  on  the  question  of  slavery.  The 
action  of  the  present  Congress  has  been  pretermitted  by  the  Sena- 
tor. 1  know  he  does  not  intend  to  do  injustice  to  the  North,  and, 
therefore,  it  is  due  to  himself  and  lo  the  truth  of  history,  to  say, 
that  a  portion  of  our  northern  brelhren  at  the  last  session  stood 
with  us  ;  and  that,  during  the  present  session,  we  have  been  great- 
ly indebted  lo  their  prompt  action  upon  the  Wilmot  proviso. 

Mr.  JOHNSON. — I  do  not  intend  to  do  injustice  to  that 
portion  of  our  nrrrihern  friends  who  have  stood  by  our  rights.  1 
speak  in  general  terms.  I  .-nn  well  aware  that  many  of  our  north- 
ern Iricnds,  and  especially  the  dcnioeraiic  portion  of  them,  have 
manifested  a  noble  willingness  to  sustain  us.  The  resolution  of 
the  Baltimore  convention,  upon  which  1  have  commented,  is  proof 
of  the  fact.  For  all  this  I  award  to  them  the  graiiuide  to  which 
they  are  entitled.  But,  I  repeat,  the  inference  from  all  the  visi- 
ble indications  around  us  evidently  is,  that  ihe  time  has  perhaps 
arrived,  when  the  South  has  no  other  alternative  but  lo  stand  upon 
her  constitutional  rights. 

Mr.  HALE, — I  hope  the  Senator  from  Georgia  will  allow  me 
to  ask  him  n  sing:le  question.  Do  I  understand  him  to  say  that 
Congress  has  no  right  to  legislate  upon  slavery  in  new  (•frilory, 
or  any  where  else  ? 


Mr.  JOHNSON.—Tbdt  i*  my  doctrin*. 


July  7."] 


THE  OREGON  BILL. 


^r 


Mr.  HALE. — Of  course  my  question  includes  legislation  in  the 
District  ol  Columbia.  Tlie  Senator,  therefore,  by  his  doctrine, 
makes  it  the  first  duty  of  Congress  to  undo  what  they  have  alrea- 
dy done  in  the  District.  They  have  legislated  upon  the  subject  of 
slavery  in  the  District  heretolore,  but  if  the  Senator's  argnnient  is 
correct,  they  have  done  so  unlawfully.  Consequently,  I  would  ask 
the  honorable  Senator  if,  in  accordance  with  his  own  argument, 
Congress  should  not  undo  their  former  legislation  upon  this  subject 
in  the  District  ? 

Mr.  JOHNSON. — I  have  no  idea  of  entering  into  a  discussion  of 
that  subject  at  present.  We  have  very  tangible  evidence  that  the 
abolition  interests  of  the  District  are  in  very  good  hands  when  re- 
presented on  this  floor  by  the  Senator  from  New  Hampshire.  If, 
as  I  was  remarking  when  interrupted  by  the  honorable  Senator 
from  New  Hampshire,  the  South  has  no  other  alternative  btt  to 
stand  upon  her  constitutional  rights — if  this  be  so — if  the  spirit  of 
just  conciliation  is  gone,  and  we  are  to  be  overpowered  by  num- 
bers against  right — I  use  no  words  of  threatening,  but  I  admonish 
those  who  force  the  extremity,  to  look  dispassionately  at  the  con- 
sequences of  their  conduct. 

Mr.  HALE. — I  would  have  been  exceedingly  happy  if  the  Se- 
nator from   Georgia  had   condescended  to   answer  the  question  I 
put  to  him.     As  it  is,  however,  he  has  thought  a  sneer  better  than 
an  answer.     Permit  me  to  say,  for  one,  that  I  agree  entirely  with 
the  Senator  in  one    thing,  and  that  is.   that  Congress  has  nothing 
to  do  with  this  mattey.     This  is  a  local  municipal  regulation  with 
which  it  has  nothing  to  do  ;  if  it  has  had  heretofore,  it  has  nothing 
to  do  with  it  in  this  case.    And  the  fiist  and  most  obvious  inference 
to  be  drawn  from  this  proposition  is,  that  Congre-^s  ought  forthwith 
to  repeal  constitutionally  that  which  they  have  unconstitutionally 
created  upon  this  subject,  as  I  stated  before,  in  the  District  of  Co- 
lumbia.    The  Senator  also   goes  so  far  as  to  say  that  if  Congress 
were  to  undertake  to  legislate  in  the  moon,  he  would  sit  here — I 
do  not  know   how  long — to  resist  such  an  attempt,  because  he 
avers  the  constitution  confers  no  power  upon  Congress  to  legislate 
at   all  upon   it.     I  do  hope  then,  sir,  that  the   Senator  will   take 
ground  on  one  side  or  otber  of  this  question,  that  Congress  either 
has    or   has   not  jurisdiction  over  it.     If   they    have   such  juris- 
diction then  I  hope  their  legislation  will  be  wise  ;  if  they  have  no 
such  jurisdiction  at   all  then   the   first  thing  to  be  done  is,  to  off 
hands  from   the   subject  entirely,  because   if  they  have  no  right 
guarantied  by  the  constitution   to   legislate  upon  the  subject  in 
territories,  they  have  none  to  legislate  in  the  District  of  Columbia. 
I  desire,  sir,  if  no  other   gentleman  intends  to  do  it,  tIT  meet  the 
assumption   which  has   been  laid  down,  that  it   is  a  constitutional 
doctrine  that  slavery  goes  with  the   United  States  wherever  its 
area  is  extended.     1  wish  to  see  for  one  what  kind  of  slavery  the 
United  States  may  take  with  them.     There  is  a  peculiar  form  of 
slavery,  looking   to  its  total  and   speedy  extinguishment,  in  New- 
Jersey.     There  is  another  kind  in   Delaware,  and  another  in  Ma- 
ryland, and   perhaps  another   in  the   more  Southern  of  the  slave 
States.     Which  of  these  kinds  may  the   United  States  carry  into 
new  territory  ?     It  seems   to  me,  sir,  that  this  is  one  of  the  most 
monstrous  propositions  I  have  ever  heard  advocated  either  here  or 
elsewhere.     It   goes  beyond   the   doctrine  of  a  natural   right   and 
claims  an  inherent  inextinguishable  right  to  spread  slavery  as  the 
Union  is  extended.     It  is  a  part  of  us,  and  a  part  of  the  life  and 
element  of  our  being.     Wherever  we  spread  ourselves,  we  carry 
■with  us  and  extend  over  new  regions  the  black  pall  of  human  sla- 
very.    The  attempted  distinction  which  the  Senator  has  endeavor- 
ed to  draw  between  slavery  as  a  municipal,  and  as  a  political  in- 
stitution, I  desire  also  to   give   an  examination.     If  no  one   else, 
therefore,  shall  review  the  positions  of  the   honorable  Senator,  I 
give  notice  to  the  Senate  that  I  will  undertake  the  task  at  as  ear- 
ly a  period  as  may  be  convenient.     Before  taking  my  seat,  I  would 
say  that  i  do  not  appear  here  as  the  representative  of  the  interests 
of  abolitionists  of  the   District  of  Columbia,  as  the   honorable  Se- 
nator from   Georgia  seems  to  intimate.     I   stand   here — it   may 
perhaps  have  been  in  bad  taste  in  the  Legislature  of  New  Hamp- 
shire to  have  made  me  such — but   nevertheless  I  stand  here  as  a 
representative  of  the  State   of  New   Hampshire.     It   is  a  small 
State  ;  but  with   truth  it  may  be  said  of  it,  that  no  slave  breathes 
its  air,  no  enemy  has  ever  impressed  his  lootsteps  on  its  soil. 

On  motion  by  Mr.  DAVIS,  of  Massachusetts,  it  was 

Ordered,  That  the  farther  consideration  of  the  bdl  be  postponed 
until  to-morrow. 

BATTLE  OF  PLATTSBURG. 

The  bill  for  the  payment  of  the  fourth  regiment  in  the  second 
brigade  of  the  Vermont  militia  for  services,  at  the  battle  of  Pitts- 
burgh, was  read  the  second  time,  and  considered  as  in  Committee 
of  tho  Whole,  and  no  amendment  being  made,  it  was  reported  to 
the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Rtsolved,  That  this  bill  pas3,  and  that  the  title  thereof  be  aa  aforesaid. 

Ordered,  That  the  Secretary  request  the  ooncurrencs  of  tho 
HoQse  of  Representatives  therein. 

INCKEASE  IN  THE  COMMITTEE  OH  TJEIIBIT0BIC9. 

Mr.  BUTLER  moved  to  proceed  to  the  «on»ideraiion  pf  th4 


motion  made  by  him  yesterday  that  two  mertibers,  to  bc>  appointed 
by  the  Vice  President,  be  added  to  the  Committee  on  Territories. 

Mr.  HALE  hoped,  as  the  motion  was  a  very  important  one, 
that  its  consideration  would  he  postponed  until  to-morrow  morning, 
when  the  Senate  would  be  full.  , 

Mr.  DAVIS,  of  Mississippi,  did  not  wish  the  consideration  of' 
the  territorial  government  referred  to  tho  Committee  on  "territ*^ 
ries  at  all.  That  committee  was  a  Committee  on  Territories,  and; 
not  upon  the  formation  of  government,  or  the  revision  of  plans  of 
goverBraent.  He  hoped  that  *o  much  of  the  message  as  related 
to  the  government  of  the  territories,  would  be  referred  to  the  Com- 
mittee on  the  Judiciary.  „     .., 

Mr.  BREESE  remarked  that  it  was  never  intended  whenrthe 
Senator  from  Alabama  offered  the  motion  for  raising  the  Commit- 
tee on  Territories,  that  it  should  have  charge  of  the  business  of 
providing  governments  for  territories.  He  desired  its  reference 
to  the  Judiciary  Committee,  and  if  its  present  number  was  out 
sufHcient,  was  in  favor  of  an  addition  of  iwa  or  thr^e  morp  fneia- 
o®'^*'-  'j; 'ri';;^-:Q  v':)j]r-;JTj'l:.;j  -i'.' !•    . 

Mr.  ATCHISON  opposed  tho  proposed  reference  to  the  Judi- 
ciary Committee,  contending  that  the  Committee  on  Territories 
was  perfectly  adequate  to  the  accomplishment  of  any  business 
affecting  the  territories  of  the  United  States,  that  might  be  brought 
before  it. 

After  some  conversation  on  a  point  of  order — 

Mr.  WESTCOTT  opposed  the  motion  on  the  ground  that  a  se- 
lect committee  ought  to  be  chosen.  He  begged  to  call  the  atten- 
tion of  the  Senators  from  Texas  to  tho  fact,  that  if  one  topic  em- 
braced in  the  President's  message  vs-cre  taken  up,  the  right  of 
the  State  of  Texas  to  the  country  which  had  been  ceded  to  tho 
United  States  would  be  brought  up. 

Mr.  RUSK  ob.5erved,  that  Texas   claimed   that  country  by  her 
own  law,  which  had  been  recognized  by  both  Mexico  and  the  Uni-    • 
ted  States. 

Mr.  WESTCOTT  said,  ho  was  aware  of  that.  He  knew  that 
the  President  had  also  recognized  it  ;  but  he  had  already  been  de- 
nounced in  Congress  for  that  recognition.  This  affirded  an  addi- 
tional reason  for  the  appointment  of  a  select  committee.  He  had 
moved  the  reference  to  a  select  committee  with  an  announcement 
at  the  time  that  he  would  decline  serving  on  it.  Although  he 
would  not  shrink  from  re^ponbibility,  yet  he  thought  it  would  be 
well  to  place  these  grave  questions  in  the  hands  of  the  oldest  and 
most  experienced  members  of  the  body. 

Mr.  FOOTE  rose  to  order.  He  desired  to  know  whether  the 
Senator  from  Florida  could  discuss  the  merits  of  the  proposition  on 
the  question  to  take  it  up. 

The  PRESIDING  OFFICER  overruled  the  point  of  order. 

Mr.  WESTCOTT  said,  that  the  Senator  from  Mississippi 
might  have  saved  himself  the  trouble  of  interrupting  him,  as  be 
bad  only  one  additional  remark  to  make.  He  thought  that  it 
w-as  obviously  proper  that  the  subject  of  the  organization  of  the 
newly  acquired  territories  should  be  referred  to  tho  Judiciary  Com- 
mittee rather  than  to  the  Territorial,  inasmuch  as  purely  legal 
questions  were  involved.  But  he  was  opposed  to  the  reference  to 
either  of  these  committees,  and  desired  a  select  committee. 

Mr.  FOOTE  was  perfectly  willing  to  leave  the  subject  with  the 
Committee  on  Territories. 

Mr.  BUTLER  remarked  that  his  friend  from  Mississippi  seemed 
to  think  that  there  was  but  one  way  of  organizing  territorial  gov- 
ernments, just  as  the  lawyer  thought  there  was  but  one  way  of 
drawing  marriage  settlements.  But,  he  would  ask,  had  it  never 
occurred  to  him  that  the  system  adopted  for  the  Anglo  Saxon  race 
might  not  be  altogether  applicable  to  the  people  of  New  Mexico 
and  California. 

Mr.  RUSK  trusted  that  no  such  question  would  be  presented  as 
that  apprehended  by  the  Senator  from  Florida,  with  respect  to  the 
rights  of  Texas.  But  even  without  taking  that  into  consideration, 
it  seemed  to  him  that  it  wou'd  be  disrespectful  to  the  standing  com- 
mittees to  raise  a  select  committee. 

Mr.  D.WTON  expressed  the  hope  that  the  suggestion  made 
early  in  the  debate  would  be  acquiesced  in,  anu  that  the  subject 
would  be  passed  over  until  to-morrow.  It  was  a  very  unusual  hour 
to  bring  up  a  resolution  about  which  there  was  a  diflerenee  of  opm- 
ion,  and  several  members  had  retired  from  the  chamber  under  ihe 
impression  that  no  business  could  now  bo  brought  up  which  be- 
longed appropriately  to  the  morning  hour. 

Mr.  BUTLER  replied,  that  he  had  given  notice  in  the  morning 
that  he  would  call  up  the  resolution. 

Mr.  DAYTON  had  not  heard  the  notice  given.  He  did  not  deny 
that  the  Senator  was  in  the  exercise  of  his  legal  rights,  but  his 
notice  was  a  notice  that  he  would  call  up  a  matter  out  of  order, 
and  he  did  not  know  that  Senators  were  bound  by  sucii  a  notice. 
But  aside  from  that,  the  question  indirectly  involved  a  subject  of 
great  interest.  The  Territorial  and  Judioiitry  Committees  wers 
constituted  very  much  in  the  same  way, 

Mr.  BUTLER.— Not  at  all. 


854  THE  OREGON  BILLf^T  [Friday, 

Mr.  DAYTON. — I  mean  very  much  in  the  same  way  in  relation  from   South  Carolina.   [Mr.  Bctleb,]   and  the  gentleman  from 

to  that  question.  Massnehusetis    [.Mr.  Davis,] — whom  he  named  for  the  purpose  of 

RTTTT  T"R nh  '  showing    the   discordant  materials  of  vihicli   the  commillce  was 

■  ■  ■  enmposed,  on  this  great  question — were  not  likely  to  be  reconciled. 

Mr.  DAYTON — Gentlemen  antagonistio  to  theWilmnt  provi-  Wheiher  the  relercnce  si^ould  be  to  that  commiitee  or  to  the  Ju- 

viso,  as  ir  was  ordinarily  called,  had  a  majority  on  both  the  com-  diiiary  Comniitiee  he  would   not   undertake   to  decide.     Senators 

mittees.  At  the  last  session,  he  himseP',  unfortunately,  .«tood  alone  who  were  older  and  more  conversant  with  the  parliamentary  rules 

on  the  Judiciary  Committee.     The  Territorial  Committee  was  or-  of  the  body  could  settle  that  point.     But  if  it  were  meant  to  eon.- 

ganized   in  the  same  way.     Bnt  he  did   not   wish   to  discuss  the  vey  the   imprcssinn    that    the   Committee  on  Territories  was  not 

resolution,  and  moved  that  it  he  passed  over  till  lo-morrow.  competent  to  the  duty  of  taking  charge   of  these   hi. Is,   he  hoped 

n*     -nr^rvT-r*    u  j    *u   .    i.    i     j-  .-         .  i   i-     -  the  fjentleman  would  savso.     He  did  not,  of  course,  mean  to  sav 

Mr.  FOOTE  observed,  that  the  leading  mottve  with  him  in  op-  .u  .  u   .i  •       i     r  i         •     ■  i   •      u    '  '     V-   T-' 

.u  1   ..  r  I  1    .  .1.       11  u  that  any  such   thing  had  even  been  tnsinaaed  in  the  course  of  the 

posina  the  resolution  arose   from   a  desire   t  lat  the  olive  branch  j  u  .        -ri  ,  ■.     i  ■  r   X.  ■      •   ■ 

'  .   u .  u  J    1  I     .1     n         ■..  rr       ""-  ,    "  debate.     There  was  a  necessity  (or  an  increase  o    the  territorial 

might  be  extended  by  the  Committee  on  Territories.  ■„„„    „    ,    .„   , ,   ,,„;  ,,      „  ,■  „  .,       '      ■=""'"" 

^  ■'  committee,  and   he   hoped   that  the  motion   of  the  Senator  from 

Mr.  BRIGHT  said  that  although  the  question  was  not  proper-  South  Carolina  would  prevail.     He  wnnld  be  very  glad   to    avoid 

ly  before  the  Senate,   yet    he   felt    called  upon  to  make   a  I'ew  re.  the  labor  and  responsibility  of  participating   in   taking  charge  of 

marks  in  connection  with  it.     There  was  certainly  a  necessitv  to  these  measures,  but  he  insisted  that  the  reference  should  be  made 

add  two  members  to  the   territorial  committee.     The  chairm  n  to  the  committee  to  which  they  legitimately  belonged. 

had  been  absent  for  four  or  live  weeks,  and  was  not  expected  to  „     „«•■ 

1     .        ,  .  T,     .  I  I  ■.  ^-'n  motion, 

return  during  the   present  session,     oesiaes,   the  committee  was  ' 

rather  unfortunately  organized.     The  extreme  views  of  his  friend         The  Senate  adjonrned. 


July  8.| 


THE  OREGON  BILL, 


855 


ncuJasi 


SATURDAY,  JULY  8,  1848 


Mr.  DIX  presenied  (lie  menmrial  of  Samuel  Colraan,  propfising 
to  compile  a  general  index  to  the  publie  dociimeiils  printed  by  tlio 
order  of  lioth"H<inses  of  Con(ires.s,  and  asking  a  subicripiion  for 
the  same  on  tbe  part  of  the  United  Stales. 

Ordered,  That  it  be  referred  to  the  Committee  on  the  Library. 

MESSAGE  FROM  THE  HOHSE. 

The  followiiig  message  was  received  from  tho  House  of  Koprfl- 
seutatives,  by  Mr.  Campbell,  their  Clerk  : 

.Mr  Presiilent :  The  S|.pakel  of  the  Uoute  of  ReprcscnUtives  liiimij  sicneil  two 
forolled  bills,  anil  two  einolicil  resolutious,  1  am  Uireuleil  to  bring  them  to  ihc  St-nate, 
loi  the  iieuatuie  of  theif  Piesiilent. 

MEXICAN    CtAi:M3. 

Mr  BENTON  from  the  Committee  on  Foreign  Relations,  to 
whom  the  snbject  was  referred,  reported  a  bill  to  carry  into  elket 
certain  stipulations  of  the  treaty  belvvoen  the  United  States  ol 
America,  and  the  Rop.iblic  of  Mexico,  of  the  second  day  o  leb- 
ruary,  1S48  ;  which  was  lead  and  passed  to  the  second  reading. 

CHEROKEE    CLAIMS. 

Mr  BELL,  from  the  Committee  on  Indian  AOairs,  reported  a 
ioinl  resolution  nuihorizinj;  the  proper  aceoununs  officers  of  the 
Treasury,  to  make  a  just  ami  fair  selllemont  ot  the  claims  ol  the 
Cher.ikce  nation  of  In.lians  according  to  the  pnneip  cs  estiiblishcd 
by  the  treaty  of  August,  1846;  wlii^ih  was  read  and  passed  to  tho 
second  reading. 

The  said  resobition  was  read  tbe  second  time  and  considered  as 
in  Committee  of  tho  Whole,  and 

On  motion,  it  wa» 

Ordered,  That  tho  farther  consideration' tlibreof  bo  postponed 
until  to-morrow. 

INCREASE    IN    THE    COMMITTEE    ON    TERKITOKlES. 

The  Senate  resumed  the  consideration  of  the  motion  submitted 
bv  Mr  BUTLER  on  the  6th  instant,  that  two  members,  to  be  ap- 
pfrined  by  tho  Vice  Presieent,  be  added  to  the  Commmee  on 
Territories. 

After  some  conversation — 

The  question  was  taken  upon  agreeing  to  the  motion  to 
add  two  members  to  the  Comniitieo  on  Territories  ;  ..nd  it  was 
determined  in  the  negative  by  yeas  and  nays,  as  follows  : 

YE  vs  — Mptsrs.  Bfll.  licrrien,  B..-ese.  Prighl.  Hiiller..  Ca!bogn  Davis,  of  Mjss., 
T)ovvii>.  Foolo.  Ilunlsr,  Johnson,  of  La.,  JoiiUiOii,  olGa..  Lewis,  Pe.ycc,  SfbastJan, 

^NAYtf.—Me^rs.  Allen.  Atherlon.  Bartjer.  Benton,  Bradbnry.Corwhl,  Dfvloi., 
Dix  D.vl-e.  Fetch,  Fiizgerald,  Grtwie,  Hale,  Hamlin,  Houston,.  Johnson,  ul  Mil., 
MaJon,  Mi.li;alle,  .Miller,  Niles,  Ru..k,  Spruanct,  Sturgeon,  Unci9rW0|0d,.  Vp''""'. 
Walker,  U'eslcoU.— 27. 

So  tlie  motion  was  disagreed  jto. 

FEES  TO  U.   S.  MARSHALS,  CLERKS,  ETC. 

Mr.  FOOTE  submitted  the  foUowingresolutton,  which  was  con- 
sidered, by  unanimous  consent,  and  agreed  to  :  ' 

ft-5»;i,i-rf  Thai  the  (.'ommitlee  on  Hie  Judiciary  he  in^trncteil  to  inqniijeinto  the  ci- 
vLllyff  Te"nir,n,!  marshals,  clerks,  .and  district  auo-rSeys /rn  >tll  cnmmnl  Csei  to 
i„Te,e'^ior.srj'the  So  ici.or  of  the  Trcsnry,  ,n  iiursiia.ice  of  inMracOon,  given  h,m, 
"  hk«  rnanner  as  lu  ci.ll  eaj.-s  ;  and  aUo  as  to  the  |,rO|,riety  of  K<iuni.ig  said  utlu  ers, 
ollherXment  of  the,,  ,..spec..ve  accounts  wilh  liie  Tr.a.ary,  to  have  ihcr  tecs, 
cools,  and  charges  allowed  and  jiaid  to  them. 

PENSIONS  TO  THE  ORDNANCE  CORPS. 

The  Senate  proceeded  to  consider  the  amendment  of  the  House 
of  Representatives  to  the  bill  to  extend  the  provisions  of  cx|bting 
jiensiuii  laws  to  enlisted  men  of  the  ordinance  corps  ol  the  tinted 
Biaios  army  ;  and  it  v.-as 

KvjitUurA,  That  they  concur  theiein. 

Ordered.  That  tfio  Secretary  notify  the  House  of  Kepresenla- 
lives  accordingly. 

CORRECTION  OF  ERRORS  IN- Ek'ttllEs'oF'LAND.  ^ 
The  bill  from  the  Hous'  of  Representatives  to  amend  an  act, 
apprjved  the  2lihof  .Mav,  1S24.  entitled  "An  act  supplementary 
to  an  act,  approved  on  the  3d  day  of  March,  l.^lO,  cninled  '  An 
act  providing  lor  tho  correction  ol  errors  in  makwiii  cnlrie.s  ol  land 
at  the  land  idiiees,'  "  was  read  the  lirsi  anil  second  times,  by  unan- 
•  mous  consent,  ana  referred  to  ihs  Conimiltte  on  Public  Lauds. 


SUSPENDED  PRE  EMPTION  CLAI.M5. 

On  motion  by  Mr.  BREESE,  the  prior  orders  were  postponed, 
and  the  bill  to  exlcn  t  an  act  entitled  "An  act  providing  for  the  ad- 
justment of  all  suspended  |)re-einption  land  dnims  in  the  several 
Stales  and  territories,"  approved  3d  August,  1846,  was  read  the 
second  time,  and  considereu  as  in  Committee  of  the  Whole. 

And  no  amendment  being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  bo  engrossed  and  read  a  third  time. 
'i'  IThe  said  bill  was  read  a  third  time  by  unanimous  consent. 

Rcsohed,  That  tliij  hill  pasi,  and  that  Ilie  title  thereof  he  as  aforesaid,    i 

Ordered,  That  tho  Secretary  request  the  concurrence  of  t)i* 
House  of  Representatives  in  this  bill. 

OREGON   BILL. 

The  Senate  resumed  as  in  Committee  of  the  Whole,  tho  consid- 
eration of  the  bill  to  establish  the  territorial  government  of  Or- 
egon. 

Mr.  DAVIS,  of  Massachusetts. — The  question  now  binder  con. 
sideration  is  one,  the  dLscussion  of  which  has  been  greatly  depre- 
cated in  this  body.  But  it  now  seems  to  be  the  pleasure  of  those 
who  have  higheit  i  oppn.'-ed  discussions  of  this  kii'd,  that  the  sub. 
jeet  should  be  subjected  to  examination,  and  that  it  should  be  de- 
termined before  the  adjournment  of  this  Congress.  In  this  desire 
1  fully  concur;  and,  indeed,  for  my  own  part,  1  ncver^fclt 
any  inclination  to  slum  an  examination  of  this  subject.  While 
gentlemen  on  the  other  side  discuss  it  with  frankness  and  with 
freedom,  i  trust  that  they  will  not  complain  of  us  who  belong  to 
the  free  States,  and  who  are  supposed,  in  some  respects,  to  repre- 
sent a  dlfl'orciit  sentiment,  if  we  e.Npress  our  views  with  the  same 
di'greo  of  frankness.  Several  quesiioiis  of  considerable  import- 
iiniie  have  arisen  in  ihis  inaltcr  ;  and  amongst  others  one  of  con- 
stitutional  power.  I  am,  tlierelore,  consiralncd  to  notice  that 
branch  of  the  argument,  which  I  would  otherwise  have  passed 
over,  and  confined  inysell  lo  points  which  I  deem  of  higher  interest. 

It  has  been  coniendcd  by  various  Senators  upon  this  floor — by 
all  the  CTcntleuion  I  believe  who  represent  slave  States  that  have 
cntered^iuto  this  discussion— that  tho  constitution  gives  to  the 
United  Stales  no  power  over  slavery— that  it  is  a  subject  intangi- 
ble by  virtue  of  any  authority  contained  in  that  instrument;  in 
other' words,  that  Congress  has  no  power  to  create  slavery  in  a 
territory,  or  to  extinguish  it  if  it  already  there  exists.  1  will  read 
the  clause  of  tho  const iiution  bearing  upon  this  subject,  which  will 
bu  found  at  tbe  twentieth  page  of  Ilickcy's edition.  The  language 
of  the  constitution  is  this  ; 

"  The  Consress  shall  liave  power  to  dispose  of  and  make  all  needful  rules  and  le;- 
ulalions  resjieuung  territory  or  other  property  helousing  to  the  United  Slates.' 

.,11  This  is  all  the  power  conferred  by  the  constitution  over  tcrrito- 
<rf^  It  has  been  argued  that  it  gives  only  a  power  over  property — 
that  it  gives  no  sovereignly  over  the  territory — that  it  eonlors  no 
auihoriry  upon  Congress  to  control,  rule,  or  govern  territory  by 
consti  uiional  power.  In  aid  of  ihis  tirgunient  it  is  ur;;ed  with  some 
degree  of  lorce,  I  confess,  that  when  the  framers  of  the  constitu- 
tion made  provision  lor  the  territory  in  which  the  government 
should  be  located,  lo  wit,  the  District  of  Columbia,  they  there 
used  quiie  a  dilferent  phraseolo^'y,  giving  to  Con^'ress  the  exclu- 
sive jurisdiction  over  such  territory.  It  is  said  that  if  it  had  been 
intended  to  give  to  Congress  alike  power  and  authority  over 
other  territory,  it  would  have  been  so  expressed,  and  the  inference 
IS  drawn  fioiii  that  consideration  as  well  as  from  ihe  peculiar  pbra- 
seolo;;v  of  the  constitution,  that  there  was  no  purpose  on  the  part 
of  the  framers  of  that  instrument,  to  give  to  Congress  any  power 
of  government  over  the  territories  of  the  United  stales.  I  admit 
that  the  languace  of  the  constitution  favors  this  construction  ;  and 
1  believe  ihat  the  Supreme  Court  itself  has  decided  that  tbe  Ian- 
guage  whicli  1  have  read  has  a  more  direct  application  to  proper, 
ty  than  to  sovereignty.  It  seems,  then,  that  s.ame  pers.-DS  sup. 
pose  ihat  there  is  a  casus  omissus  in  the  consiitution — that  the 
frauieis  of  that  instrument  made  no  provision  for  the  government 
ofierriiory.  I  apprehend  that  this  is  a  total  misapprehension  ol 
the  subject  ;  and  il  we  recur  to  the  facts  connected  with  the  his. 
tory  ol  the  constitution,  we  shall  find  that  is  so.  At  the  time  ol 
the  iormation  ol  the  constitution  the  United  States  possessed  ter- 
ritory. Let  us  see  what  state  of  thiniis  existed  then.  Coteni- 
poraneously  with  the  Iormation  of  tho  constitution,  or  a  liiile 
antecedent  to  ii,  this  territorial  queslion  arose  ;  and  what  was 
done  by  tho  old  confederation  ?  They  passed  the  celebraied  ordi- 
mince  of  1787,  And  what  was  that  I  It  was  substantially  a  form 
of  government  containing  within  itself  all  the  essentia  elements 
of  a  billorriL'bl— with  provisions  for  the  exercise  ol  legislative 
ai.d  judicial  power— evcrv  thing,  in  fact,  necessary  to  the  com. 
picte  government  of  tbe  territory.  This  ordinance  Irom  us  nature 
and  character  is  as  much  an  organic  law— as  much  a  lunUamen- 


856 


THE  OREGON  BILL. 


[Saturday, 


tal  regulation,  as  tha  constitution  Itself.  Such  was  tbe  state  of 
thinr's  when  the  convention  assembled  to  frame  the  constitution. 
What  did  they  find  upon  tbe  lace  of  the  ordiuance  ?  What  I  have 
already  stated — an  authority  to  establish  a  20"ernment,  the  spe- 
cific Ibrra  and  character  of  winch  were  prescribed  in  the  ordinance. 
They  found,  moreover,  that  the  whole  subject  had  been  discussed 
in  the  Congress  of  the  confederation,  including  the  great  question 
touching  slavery.  They  found  that  not  only  the  then  exist- 
ing siate  of  things  was  considered,  but  that  ihe  future  had  been 
penetrated,  and  that  it  had  been  determined — by  what  steps  it 
is  not  necessary  for  me  now  to  detail — that  slavery  should  be 
c^fcluded, from  all  the  territory  embraced  wiihin  the  limits  of  the 
treaty  of  '83,  lying  north  and  west  of  the  Ohio  river.  Nay,  they 
'  went  further.  They  decided  in  that  ordinance  that  when  that 
country  should  be  filled  with  population,  not  less  than  three, 
nnr  more  than  five  States  should  be  carved  out  of  it,  to  be  eventu- 
ally introiJueed  as  members  of  this  Union.  All  that  was  settled 
harmoniously.  Not  only  all  right  was  given  up  by  the  several 
Slates  whoelaimed  an  interest  in  this  territory,  but  this  concession 
of  the  perpetual  exclusion  of  slavery  was  also  made.  It  was  an 
act  of  great  deliberation.  The  question  was  examined  in  all  its 
aspects,  and  throughout  was  duly  considered.  The  convention 
which  framed  the  constitution  had  the  ordinance  fresh  before  them. 
•■  It  embraced  all  the  territory  within  the  limits  of  the  treaty  of  1783, 
not  within  the  limits  of  the  States,  to  which  the  United  States 
then  had  an  unquestioned  title.  They  established  afterwards,  I 
know,  a  territory  on  ihe  Mississippi,  but  there  were  conflicling 
claims  of  Georgia,  and  it  was  establislicd  subject,  by  agreement, 
to  these  claims.  This  vv-as  all  the  territory  that  the  United  States 
at  that  time  possessed.  It  is  very  plain,  then,  that  ample  provi- 
sion was  made  for  the  government,  and  that  it  is  not  a  casus  omis- 
sus, but  it  was  provided  lor  in  the  ordinance.  The  convention  nut 
only  regarded  that  ordinance,  which  they  left  untouched,  but  they 
looked  into  the  whole  matter.  These  men  had  a  vision  that  reach- 
ed into  the  future.  They  foresaw  the  condition  in  which  this  coun- 
try would  probably  be  at  this  very  day,  provided  it  remained  with- 
in the  limits  of  the  treaty  of  1783.  The  discussion  proceeded  upon 
that  view.  The  idea  of  obtaining  new  territory  had  not  then  en- 
tered into  the  mind  of  any  man.  The  thought  of  conquering  or 
purchasing  sovereignties  was  not  dreamed  of  at  that  day.  It  is 
not  remarkable,  then,  that  no  provision  is  made  for  such  an  occur- 
rence. They  made  a  constitution  to  cover  the  territory  which 
thev  owned,  and  noihing  else,  and  that  territory  was  circumscribed 
by  die  limits  of  the  treaty  of  I7S3. 

When  the  framers  of  the  constitution  were  providing  for  a  just 
apportionment  of  the  political  power  among  all  the  Siales,  what 
did  they  see?  They  saw  that  in  time — and  probably  the  time 
came  much  sooner  than  they  apprehended — there  would  be  five 
States  upon  this  northwestern  territory  ;  and,  also,  that  in  all  hu- 
man probability,  the  District  of  Maine,  then  belonging  to  Massa- 
chusetts, would  be  separated  from  it,  and  form  another  mem- 
ber of  this  Union.  It  is  in  vain  to  say  that  no  question  then  arose 
between  free  and  .slave  States.  It  is  in  vain  to  say  that  that  ques- 
tion was  not  gravely  considered  by  that  body.  They  saw  not  only 
that  there  were  six  States  to  come  in  from  what  might  be  denom- 
inated the  free  territory,  but  that  there  v  ere  a  number  to  come  in 
eventually  from  the  slave  territory.  Kentucky  was  to  come  in  by 
a  division  of  Virginia  ;  North  Carolina  was  to  be  divided  and  Ten- 
nessee introduced. 

This  happened  very  soon,  as  was  foreseen.  It  was  also  foreseen 
that  Mississippi  and  Alabama  were  at  no  remote  day  to  enter  the 
Union  as  sovereignties.  Wiien  they  should  come,  and  the  other 
'•.portions  of  the  country  be  filled  with  population,  the  relative  pow- 
er, as  adjusted  by  the  framers  of  tlie  constitution,  would  be  ten 
slave  to  fourteen  Iree  States.  This  was  the  chart  by  which  the 
convention  were  guided.  The  compromises  of  the  constitution 
wore  made  with  that  state  of  things  standing  out  unmistakeably 
before  every  man — perfectly  comprehensible  and  peri'eclly  well 
understood. 

Now,  I  contend,  and  I  think  with  great  justice,  that  the  conces- 
sions which  were  made  at  that  time  by  the  free  States,  and  above 
all,  the  great  concession  of  political  power  which  was  made  in  the 
permission  to  have  the  slave  population  represented,  were  made 
upon  this  state  and  condition  of  things — made  in  tbe  belief  and  un- 
derstanding that  the  ratio  which  then  existed  should  continue  and 
should  not  be  violated.  I  know  that  it  is  not  so  nominated  in  the 
bond.  1  know  it  is  not  so  expressly  eovenanled  in  the  instrument  ; 
but.  nevertheless,  it  is  perfectly  plain  from  the  whole  history  of  that 
convention,  and  from  the  tenor  of  the  constitution  itself,  that  no 
addition  of  territory  was  anticipated  to  interfere  with  the  adjust- 
ment which  was  then  made.  Now,  how  d(ies  it  happen  that  quite 
la  different  state  of  things  e.\isis  at  this  time?  The  story  is  soon 
told.  An  emergency  not  anticipated  sprung  up.  A  foreign  coun- 
try had  the  riglitlul  possession  to  the  mouth  of  the  Mississippi — 
a  river  which  was  destined  to  be  the  common  highway  of  a  large 
number  of  great  States,  competent  to  sustain  many  millions  of  peo- 
ple. Dilliculties  very  soon  occurred  in  regulating  the  navigation 
of  this  stream,  and  it  very  soon  became  apparent  that  tbe  interests 
of  the  United  Slates  demanded  that  they  should  have  possession 
and  control  of  this  highway.  Without  much  inquiry,  as  far  as  I 
know,  into  the  m^itives  beyond  those  which  1  have  stated,  which 
govern  in  this  matter,  it  is  sufficient  to  sav.  that  an  opportunity 
oHined  to  purchase  this  territory.  Negotiatinns  were  entered  into 
which  proved  .successlul,  and  for  a  considuraticn  in  money  the 
the  territory  was  ceded  to  the  United  States.  Not  only  the  soil, 
but  the  sovereignty  were  thus  obtained.     Now,  in  my  opinion,  the 


last  idea  that  entered  info  the  minds  of  the  framers  of  the  consti- 
tution was  that  of  trading  in  sovereignties,  either  by  sale  or  pur- 
chase ;  but  in  this  case  the  necessity  existed.  Thus  was  acquired 
in  a  peaceable  way  that  territory,  and  without  considering 
much  the  future  difficulties  which  sprung  up,  or  the  effect  of 
the  transaction  upon  the  various  interests  of  the  country  or  the  ad 
justment  of  the  constitution,  the  cession  was  taken.  The  country 
was  purchased,  and  having  got  possession  of  the  sovereignty  and 
the  vacant  land,  gentlemen  turned  round  and  began  to  exa- 
mine the  constitution,  and  inquire  whether  there  was  any  au- 
thority there  to  govern  the  territory.  I  am  very  much  of  the  opin- 
ion of  all  the  gentlemen  who  have  spoken  on  the  other  side,  that 
it  was  a  vain  and  fruitless  search.  They  found  no  express  or  di- 
rect authority  to  acquire,  and  none  to  govern.  The  provision  in 
the  constitution  in  relation  to  governing  territory  evidently  relate 
to  property  more  than  to  government.  Thus  a  case  sprung  up  ni  t 
anticipated.  Possession  had  been  taken  of  a  thing  which  they  bad 
no  right  to  take  according  to  that  view  of  the  case.  What  was  to 
be  dene  ?  I  believe  I  am  correct  in  saying  that  the  leading  states- 
men of  that  day  were  of  opinion,  that  there  was  no  constitutional 
power  to  acquire  territory,  or  to  givern  it  if  acquired.  I  think 
that  has  been  very  often  staled  here,  and  I  think  il  it  be  necessary 
proof  can  be  readily  produced  in  support  of  that  view.  The  plan 
of  Mr.  Jefferson  was  to  amend  the  constitution,  and  in  that  way 
to  legalize  the  act  and  clothe  the  government  with  jurisdiction  over 
the  territory.  It  is  certain  that  a  very  serious  difficulty  arose  upon 
this  point.  They  could  not  retrace  their  steps.  The  transaction 
had  been  completed,  and  could  not  be  annulled.  Suppose  the  ques- 
tion of  amendment  had  been  submitted  according  to  tbe  forms  of 
the  constitution,  and  failed  ;  what  then  ?  The  country  would  have 
been  left  in  possession  of  the  sovereignty  and  4he  soil  of  this  terri- 
tory, without  the  power  to  govern  it.  the  government  was  obli- 
ged ex  necessitate  rei  to  retain  it;  and  then  the  discovery  was 
made  which  seems  now  to  be  well  enough  understood,  that  the 
acquisi'-ion  of  territory  necessarily  brought  with  it  the  power  to 
govern — that  the  one  is  the  incident  of  the  other. 

I  say,  then,  to  all  gentlemen,  that  every  man  who  on  this 
floor  or  elsewhere  advocates  the  right  of  acquisition,  concedes 
the  right  to  govern,  and  whether  sustained  by  the  constitution 
or  not,  he  admits  that  right  on  the  part  of  the  United  States. 
Without  dwelling  longer,  however  on  this  subject,  for  I  have 
said  enough  I  believe,  to  make  myself  understood,  and  that  is 
all  I  desire,  I  say  in  answer  to  the  main  argument  urged 
here,  that  the  right  of  sovereignty  implies  tbe  right  to  regulate 
property;  that  tbe  conclusion  is  undeniable,  and  that  sovereignty 
without  tbe  right  to  regulate  property,  is  a  thing  wholly  unheal d 
of  in  tbe  history  of  political  society.  It  is  one  of  the  very  attri- 
butes of  sovereignty  to  regulate,  determine,  and  settle  by  suitable 
rules  and  provisions  the  title  of  properly  of  all  sorts,  and  to  man- 
age it  as  the  public  good  and  tbe  existing  exigencies  of  the  coun 
tiT  shall  demand,  both  as  respects  the  public  morals  and  tbe  pri- 
vate rights  of  citizens.  It  is  on  this  basis  that  we  have  governed 
Louisiana,  Florida,  and  Missouri,  and  all  the  territories  which  are 
obtained  by  these  two  purchases.  When  we  became  the  purchasers 
of  these  territories,  we  pushed  ourselves  out  to  sea  beyond  the 
soundings  of  the  constitution — beyond  its  bounds  and  limits.  I  say 
more;  that  wo  then  went  to  other  sources  of  power  and  authority 
unknown  to  the  consti  ution.  It  proves  to  be  an  easy  thing  to  ac- 
quire because  money  brings  the  acquisition.  But  when  we  come 
to  the  division  of  the  spoils — when  we  come  to  great  questions  of 
political  power  and  to  the  compromises  of  tbe  constitution  which 
are  liable  to  be  afiected  by  these  acquisitions— questions  of  greater 
difficulty,  more  abstruse  in  their  character  anil  more  complicated 
present  themselves.  Great  minds  have  been  turned  to  this  subject. 
Inquiry  has  been  made  in  the  course  of  this  debate  by  the  Senator 
from  South  Carolina  [Mr.  C.\lhoun]  and  other  gentlemen  as  to  the 
measure  of  this  power.  The  gentlemen  turn  over  the  leaves  of  tl.8 
constitution  and  find  no  warrant  for  this  proceeding  there,  and  ac- 
cording to  some  opinions  which  I  have  seen  in  the  newspapers, 
they  reach  the  conclusion  that  Congress  has  no  power  over  the 
subject  because  it  is  not  written  down  in  the  constitution.  But  it 
is  quite  too  late  in  the  day  for  men  who  have  advocated  acquisi- 
tion, to  turn  round  and  say  that  the  eonsliiution  confers  no  power 
of  government  over  acquired  territories;  and  the  dislinauished  Sen- 
aior  from  South  Carolina  felt  the  pressure  of  this  dilfieulty.  He 
took  the  ground — assumed  I  believe  by  the  supreme  court — that 
the  power  to  govern  was  a  necessary  incident  of  the  power  to  ac- 
quire. But  the  Senator  says  that  it  is  not  an  absolute  power.  1 
concede  that  in  certain  aspects  of  this  question.  If,  for  instance, 
he  mean.'*  by  it  that  the  United  States  have  no  power  to  establish 
a  despoiism  there,  I  concede  that  he  is  substantially  right  in  prin- 
ciple, for  we  ought  to  exercise  the  power  in  corfnrmity  wiih  the  fun- 
damental principles  of  tbe  constitution.  But  will  the  Senator  inform 
me  where  tbe  boundaries  of  that  power  are  laid  down,  or  by  what 
authority  be  asserts  that  we  have  no  right  to  touch  the  question  of 
slavery?  Does  he  lind  any  warrant  in  the  constitution  for  that  as- 
sertion? Does  be  find  any  foundation  for  it  in  principle?  It  is  just 
as  easy  for  the  Senator  from  South  Carolina  to  prove  that  there  is 
no  right,  power  or  authority  in  the  legislature  of  a  territory  or  in 
Congress  which  is  tho  same  thing— for  tbe  territorial  Icgislatiiro 
derives  its  power  from  the  latter — he  can  just  as  easily  |irove  that 
neither  po.ssess  any  authority  to  regulate  any  kind  of  property. 
What  is  it  that  the  slaveholder  considers  valuable?  This  ncht  of 
property  and  noihing  else.  It  is  this  right  to  the  service  which  is 
characterized,  I  believe  in  all  the  slave  States,  as  a  right  of  pro- 
perty. ■  That  is  the  thing  which  ho  appreciates — which  heesteems 


July  8.] 


THE  OREGON  BILL, 


857 


of  value  and  importance.  On  what  authority;  then,  can  any  sen- 
tloman  deny  the  right  to  regulato  this  property  any  more  than  he 
can  deny  the  right  to  regulate  other  property?  Yoii  might  just  as 
well  undertake  to  prove  that  the  territorial  legislature  has  no  power 
to  suppress  the  sale  of  lottery  tickets  or  to  suppress  gamblm",  or 
to  prevent  the  sale  of  obscene  books  and  prints,  or  any  other  thing 
in  the  nature  of  propcrtv  which  is  held  to  be  offensive  to  good  mo- 
rals. I  hold  that  property  in  slavery— if  it  be  property,  and  1  am 
willino-  to  concede  that  it  is,  for  the  purposes  ot  the  argument 
in  ordlr  to  meet  it  fully— is  no  way  distinguishable  from  any  other 
property .  Now,  I  go  further.  I  maintain  that  Congress  has  reg- 
ulated and  controlled  this  property  at  all  times.  This  is  a  tact, 
neither  obscure  nor  doubtful  in  the  history  of  the  country.  Slavery 
existed  in  Louisiana  and  Florida  when  the  United  States  became 
the  purchaser  of  these  provinces.  When  the  United  Slates  ob- 
tained possession  of  the  sovereignty  of  those  territories,  the  property 
in  vacant  lands  was  a  very  subordinate  consideration.  1  ho  great 
nbiect  was  to  obtain  the  right  to  govern  the  country.  Now  1  un- 
dertake to  say  that  the  United  States  have  so  used  that  sovereigntv 
bv  lecislation  of  their  own,  or  that  of  the  governments  established 
bV  them  in  the  territories,  that  slavery  has  been  maintained  there 
bv  the  power  and  will  of  this  government  alone;  unless  slavery  can 
exist  independently  of  law,  and  without  authority  and  eorinlonance 
from  the  existing  government,  which  is  absurd.  It  is  wholly 
unnecessary  for  me  to  go  into  the  history  ol  this  legislation,  l.veij 
gentleman  understands,  I  think,  this  position.  ■„.!,.,„„ 

But  I  "o  still  farther.     I   hold  that  while  these  territories  have 
been  brought  in  without  any  grant  or  provision  in  the  constilution 
authori-zinl  it,  Congress  has  imposed  upon  them,  by  "«?«■"  legis- 
lation, the  laws  inhibiting  slave  trade  with  places  out  ol  the  Uni- 
ted States.     The  United    Stales,    therefore,    have  exercised  this 
control  over  slavery  in   every  way;  and  if  they  have  the  po^'f'  1° 
support  and  maintain  it-wliich  I  contend  they  have  exercised  just 
as  eWctuallv  in    the  territories  as  ihcy  have  in  the  District  ol  Co- 
lumbia-who  can,  with  this   fact   staring   him  in  the  '="-;«.  "^^"^ 
and  say  that  Congress  has  no  power  over  slavery  m  the  ^'f''"'!'-''^ 
Slavery,  in  the  Slates,  is   quite  a   dilleient   thing.     I  lf^«  "7" 
said  here-an<l  now  repeat  it,  that  I  may   not  be  .ni'^"'"^?'^'""'^- 
that  Congress  has  no  power  to  interfere  with  the  mstituiion  in  the 
States.    InTow,  slavery  is   not  the  natural  condition  ol  m""-  J° 
man  becomes  a   slave,  except  contrary   to  his  will    by  ^"•i""^''' 
tome  authority,  which  is  called  law,  or  by  lorcc  ol  Phys'^al  pmver 
Slavery,  unless  it  can  make  a  law,  and  support  and   sustain  itsell, 
exists  and  has  existed,  and  been  sustained  in   those    t°'"'"f'^;'^y 
the  United  Stales.     If,    then,    they  can  create  or  sH.staini,the> 
can    abolish  it,   unless   prohibited  by    the  constitution.      1  ho  one 
power  implies  the  other.     I  do  not  contend  that  it   should   bo  ex- 
ercised without  a  suitable  and  proper  limitation.     H'"';-  '^^^ J^\^' J, 
where  else,  I  would  observe  the  provisions  of  the  <;o"f '^'"J™;  •'"'J 
if  private  property  be  tak»n,  make  a  suitable  indemnity.     ^-^ 'y'°" 
pursuing  this  matter  farther,  I  may  remark  that  a  ^'f "«. '''';?-„^*^ 
been  thrown  out   that  slaveholders   may  enter  with  tli«>.^   "  '^^^^ 
any  free  terrilorv.     It  has  been  said   that    they  carry  ^''t'    <»^" 
the  right  to  maintain  and   enjoy  their  property.     It  >ss°>newhal 
difficult  for  me  to  comprehend   how  this  could  be  brought  about 
how  a  slave-holder,  removing   from   the  State  ot  Y'";',"*;'"  °„ .,;! 
territory  of  Oregon,  comes  clothed  with  power  and  authouty  m  ii  s 
own  person,  to  maintain  the  same  right  to  that  property  in  the  tei- 
ritory  of  Oregon,  which  he  enjoyed  in  'he  State  of  Virgima.     11  1 
rightly  understand  the  argument-and  if  I  do  not  I  hope  I  may  bo 
correeted-it  has  been    contended  that  he   '^^"^.^/he  la^s  o   the 
State  with  him,  by  virtue  of   the   co-ci|uality  which  ^'^'^  fj^'"""- 
the  States  of  this  Union.     That  is  the  principle  "" ''l'";^  ' '^^.'^f  ,"^: 
ment  is  said  to  stand.     Now,  has  it  not  been  already  --'m^-'e     Y  ^" 
s«-ercd,  when  it  is  said  that  if  you  have  thirty  emigrants  f  om  t^c 
thirty  different  States  of  this  Union,  each  carrying  upon  his   own 
back  the  law  which  regulates  property,  «v«!T '"=^"  7"  °  "''",;  „^- 
be  his  own  lawyer,  but  an  independent  «J™'"'^"^to.  of  the  las    ol 
the  State   from  which  he  emigrated  ?     Is  not   "'"*  l"^'?"^  ^^° ';„; 
The  very  sugeestion  of  it  is  a  sufficient  argumeni  'VS-'i'""  ^"^ '7;. 
positio,/     But    if   there   be    any    such    P''?'^"j''^,"\  ''''=,  '^"t- 
ution  as  a   co-equality  of  this   character,   I  ^'l°"  >» ,  ^^^^^^Vp^ 
formed    on  what    page    it   is    to   he   found      I  ^^.l^^^''^^^",  J^PPf- 
to  see  what  is  the  tenSr  and  phraseology  of  that  clause  o   the  con 
stitution  which  embraces  that  idea.  The  argument  P>o^<='; '»"  ""^^  • 
If  it  be  a  constitutional  provision,   it   is  binding   through  al    timc^ 
upon  every  body;  and  if  co.equality   enables    a    man  '»   ^akc  the 
privileges  of  property  with    him  from    one  portion  ol    the  countr) 
to  another,  the  argument  proves  more  than  those  who  use  it  in- 
tend.    It  would  enable  a  slaveholder  to  go  Irom  \  irgmia  to  New 
York  and  mamtain  his   right  to    slave    ProP^tV/"  <'<^'lf""' °' ^''^ 
l-.,ws  of  that  State.     But  it  has  been  said  that  allliough  there  may 
not  be  any  positive,  absolute  right  on  the  part  ol  slaveholders,  de- 
rived from  Ibis  source,  yet  considering  the  nature  and  charac  er  ol 
our  government,  and  the  fundamental  equa  ity  ol  our  insi.tut.onb 
that  there  is  a  trust  reposed    ,u    the    United  States,   in  exec  ' »,  i 
<,r  which  they  are  bound  to  admit  citizens  ""SraUng  to  a  ternton 
to  the  enjoyment  of  all  the  ,,rivileges  of  property   winch  thejpos. 
sesscd   iii  the   States  from  which  they  came.     In  my  judgment,  .r 
more  erroneous  view  of  a  legal   trust   coula  not  bo  imagined      It 
has  no  analogy,  whatever,  to  a   trust   in    aw      In   M'^   ^^^^  i;;'<^^: 
this  government  is  not  the  trustee  ol  anybody      It  is   the jigent . 
Ilie  people.     The  government  is  sent  here-it  I  may  be  pef™  "e.l 
to  compare  great  Things  with  ^>"all--to  execute  apowero    .0  - 
„ev  given  to  .1  by  the  people  under  the  forms  ol  the  eo"^""':'"'  ; 
Govmnment  is  here  enlployed  in  executing  the   work  ol  its  pnnci 
30th  Cong.— 1st  Session— No.   108. 


pal.  It  can  claim  no  right  to  hold  anything  here  by  virtue  of  lU 
own  authority.  It  exorcbes  its  power  by  virtue  of  the  constitution 
solelv  as  the  asent  of  the  people.  All  analogy  fails,  Aen, '° /^ej 
point'  of  view.  What  right  has  any  individual  citizen  of  the  Unl- 
fed  States  to  the  public  lands  ?  What  ri  ght  has  he  to  the  .ncom« 
derivable  from  thit  source  of  revenue?  Has  he  the  .hghte.t  pecu- 
niary  interest  in  the  matter  ?  Not  a  particle.  No  more  than  he  has 
in  the-  buildings  of  this  capitol.  The  public  lands  are  public  pro- 
perty, standing  upon  the  same  footing  as  this  bmlding,  or  a  court- 
Souse  within  any  of  the  States.  It  is  perfectly  plain  that  no  man  can 
maintain  a  suit  at  law  for  any  mdividual  right,  in  properly  of  this 
disc"  ption.  It  is  not,  then,  a  question  ol  properly,  but  a  ques- 
tion of  sovereignty;  a'lid  It  is  in  no  just  f».=e  of  the  term  any  more 
a  trust  ihan  the  ordinary  power  of  legislation  which  we  hold  here 
to  execute  the  business  of  the  United  States.  It  stands  upon  the 
same  footinc.,  and  we  sustain  no  other  relation  to  these  territories 
tiirn  that  which  we  sustain  to  any  of  the   property  which  comes 

""No;"h:°owner  and  holder  of  slave  property  thinks  himself  en- 
titled to  extraordinary  privileges.  He  says  he  hf  a  right  of  p^- 
nertv  risin"  above  the  rights  of  other  citizens.  If  he  has  anythmg 
Teeiffia;  which  entitles  him  to  consideration  over  others  I  ca  1  u^- 
on  those  who  maintain  that  opinion  to  adduce  ^e  .  authoriU  It 
is  incumbent  upon  them  to  show  Irom  whence  then  right  is  deriv- 
ed K  hey  cfaim  extraordinary  privileges  they  should  cer  ainly 
ow  on  wh^at  they  are  Ibunded.  They  do  not  grow  up  o  them 
selves  Thev  do  not  exist  without  some  authorlv,  and  it  is  sure- 
ly, quite  reaLnable  that  these   gemlemen  shoul-i  show  us  where 

•  ''UrthouTd^ellin°c.''ronre"  "Pon  this  branch  of  the  subject,  I  thmk, 

£^--^j=tr?frt^£rj^^ 

mentis  if  nosMblo,to  rccjneile  our  minds  to  a  very  wide  departure 
from  he  or'^^-lnal  basis  upon  which  the  constitution  was  placed  ,  I. 
^Zs  to^that  the  orJinaneeor'87  was  -^^iXT^fj^  Z 
of  iho  ease  then  taken  into  oonsideralion— that  m  tact  it  oonstitu 
i^'^  \X  -  say,  the  corner  stone  of  .re  basis  uj^m  wh.h  the^ 

uT'r^n  ru;r':nypo°Tio?ofth'e  country  to  propose  th^e 
iii.it   11  IS  an     II  ■     f        t     oiher   territories  ol  the   Lnited 

sfa^::""  What  Uie^e"  to^irVend  the  judgment  or  delicacy  of  any 
states.  »v  iiai  IS  ■■  r  ,!,„,  ,.i,T,.apipr  »  Wc  can  perhaps  osti- 
man  lu  a  P™P°«'t;"",'f  ,.^'^^  ^^^  consideration  if  we  turn  om- 
mate  more  correctly  the  '".'^^  ""„d\,.i,e„  the  conslitulion  was 
XpTd"  ^1  "ni':;'  id  aftl'.rtime  of  the  adoption  of  this  or- 
tS^:  J.  the  adoj^ion^f   tlu;^— -.  ^here^we^e  ^x 

Stlt^CSV   Ten™,  Arlbima,  and  Mississippi,  making 

mersol   tlio  eonstiuition      Now  let  us  P  ^^^^^^   ,,ai-tieulars,  if 

farther  and  see  how  '  """'^  ^*  ^^^ritory  described  in  the  treaty 
7^^  ""J^tre'l-n  :  s  w:!:rd\l"e'Lid  in  the  House  of  Rep^ 
tSvel'^one  hundred  ^-d  twcuty.ight  mer^  e.  .„d^„ 
the    senate    twentye.gh     memlHn^     ,e vcn.y-eigl.t     membcrs- 

'"T-  ''i;^  loiv^weniv  That  is  what  the  condition  of  things 
and  in  this  ^^Jy.  twe'tv  •     inai^^^^^^  constitution  in   their 

would   have  been  li    lie  comprom^^^^^^^^  ^^.^.^^j   ^^^^^^  ^^j 

application  to  tbe  J  S'";^^^'^;;;;;^  ^,e„  ^dded.  How  stands 
been  carried  out.  and  no  ""^    erri      >  ^^^ 

it  now  ?  Nothing  ^Pl'^i^'Volo  ous  The  f  ec  States  have  'now 
in  this  ease  the  lacls  '^'^"°'"''*ii,e  House  of  Representalives- 
oue  hundred  and  ^^"^y ^\lf'^l'Jl'ZT\u  that  body  ninetyone 
a  gam  ol  two.     1  he  .s  av-  Sta  e^  "  ■^^^  .J^    .^^    ^j^^, 

members-a  gain  w i  h  -,^" -''^.-"l^e,  when  Iowa  is  repre- 
o,  thwte^eu  The  r-e  ^a  nicmbers-a  gain  ol  two;  the 
sented  m  the  fteudit.,  ^"J-  >  ,,,,,,.i,er  of  representatives  in 
,Uve    «t»tes     have    an    equal     lumb^  ^  „,,„  f  ,;,. 

this  body---a  g'i'"   o'  ten  ^  constilution-ol     departing 

turbing     the     eorapiomises    ol     "'c  ^^  ^^^^^^  ^^^ 

fromtlieplatform  upon  wh.ch  the  con^^_^^^^^_^^^^   ^^^    ^^_^  ^^^ 

constitution  stood       ^^fse  are  i  senator  from  South  Caro- 

^"'■'r'l^irctHonlTeX  tVrtVstaiKl  s-iU.  Let  us,  says  he. 
hna  [Mr.  O.-tLHonNj  exi  ,^^j  ^^^  ^^^  _ 

„lone-let  the  e""^t.tution  hav  c   ts  o  ^^  .^^^^^ 

^c   want   "othin«-we   .sk   nothin         'V  ^^  j^  ^^^  ^^  ^^ 

want  nothing,  and  'tsk  ""tlnn^        "    y  >  amounts  ;  do  you 

employ  the  treasure  ol   f^i^  •-«" '"V  '"  'J^  ,■„,  ,1,^  acquisition 

not  ask  us  to  pour  out  the  ^lo°J°'  the  country  ^^^^^  H^^^^  ^^ 

of  territory?  The  ^^hole  les^^.ees.U  fr  P^^_^^  ^^^  ,n^de  ^nd 
voted  to  this  purpose.     And  ^hen   the  •  c  1        j       j  u  ^^^„^ 

the  sovereignty  acquired    ^eutlcn^n    u  n  unm^^  .^^  J^  ^ 


the  sovereignty  acquired  ^ent^me  ^  ^^■;;;;,^  .^^  ^^  ^.^^„_ 
still"-  '  be  quiet'  -  ,  et  the   con^ti  ^^.^  .^  ^^^ 

knowing  terleetly  well  that  there  is  not  ^^horlation  is,  "  let 

tution  upon  the  subject :  m  othei  words,  ,^^j^,.^,^„j  j^is  thing- 
„s  work  the  matter  ii.  our  "^^  "  ^^>  ,,ate  and  maintain  slavery 
let  us  be  a  law  to  ""'^el^'-'f-'^',  ',.„  %M  manage  it  to  suit  our 
as  we  think  most  expedient-and^  ^^^^^^  ^^^  ^il,  „„ 

own  interests."     ims  is  .i  ..ui        ,   r 
doubt  find  advocates. 


858 


THE  OREGON  BILL. 


[Saturday, 


This  policy— dignified  by  a  supposed  connection  with  the  great 
name  ol  the  constitution  as  a  constitutional  policy — has  been  most 
unequal.  I  speak  ot  the  stand-still  policy — the  let-alone  pohcy.  Sup- 
pose we  continue  it — where  will  it  lead  us  '  Not'iing  can  demon- 
stralcrnore  conclusively  than  the  facts  which  I  havo  presented  to  the 
Senate,  that  it  the  territory  be  left  open,  it  will  Le  dotted  all  over 
with  slaves.  Gentlemen  on  the  opposite  side  exclaim  continually 
that  Oregon  is  a  region  in  which  slavery  cannot  exist  ;  and  yet 
they  contend  for  the  privilege  of  carrying  their  slaves  there.  If 
left  open  to  the  introduction  of  slavery,  what  will  be  the  probable 
result  ?  When  the  territory  becomes  a  State,  the  burden  of  slavery 
will  become  irrevocably  fixed  upon  it,  and  in  vain  will  it  or  any 
new  State  attempt  to  shake  it  off.  however  sincerely  they  may 
desire  to  free  themselves  from  it.  That  w.ll  be  the  inevitable  re- 
sult of  this  stand-still  policy — leaving  the  constitution  to  viork  its 
own  way,  when  the  constitution  is  silent  upon  the  subject. 

Now,  I  think  that  such  an  unequal  distribution  of  political  pow- 
er as  that  which  exists,  was  never  anticipated  by  the  framers  of 
the  constitution  ;  and  yet  the  free  States  are  charged  with  bad 
faith.  It  is  alleged,  with  the  utmost  gravity  of  countenance  in  the 
face  of  these  facts,  that  the  slave  States  alone  have  manifested  fide- 
lity to  the  compromises  of  the  constitution.  The  free  States  charged 
with  bad  faith  !  Why,  sir,  have  they  not  stood  stUl  and  permit- 
ted millions  upon  millions  of  the  public  money  to  be  applied  to  the 
purchase  c!  territory  that  is  now  slave  territory  ? 

Mr.  CALHOUN. — I  am  very  unwilling  to  interrupt  the  Sena- 
tor, whom  I  have  heard  with  a  great  deal  of  pleasure,  however 
much  I  disagree  with  several  of  his  sentiments.  I  rise  now  only 
for  the  purpose  of  correcting  one  of  his  statements,  in  order  that 
it  may  not  go  uncontradicted.  The  Senator  has  said,  that  after 
the  formation  of  the  constitution  the  free  States  and  the  slavehold- 
ing  stood  eight  to  six.  But  the  Senator  will  recollect  that  Ver- 
mont came  in  after  the  formation  of  the  constitution,  and  that  Del- 
aware, being  regarded  as  a  doubtful  State — which,  I  am  sure, 
every  one  will  acknowledge — the  free  and  slaveholding  States  then 
stood  exactly  in  the  same  proportion.  The  Senate  will  also  recol- 
lect that  there  was  three  times  as  much  territory  north  of  the 
Missouri  line  as  there  was  south  of  it. 

Mr.  DAVIS. — I  shall  not  trouble  the  Senate  by  going  into  any 
history  of  the  «nnexation  of  Vermont.  No  doubt  the  Senator  is 
correct.  The  argument  which  I  have  presented  is  not  at  all  im- 
paired ;  for  Vermont  was  then  an  independent  State,  and  no  doubt 
could  be  entertained  of  her  joining  the  confederacy. 

I  was  remarking,  when  1  was  interrupted  by  the  Senator,  that 
the  free  States  had  seen  the  treasure  of  the  country  expended  in  a 
war  for  the  acquisition  of  territory — they  had  seen  millions  of  the 
public  money  thus  expended — they  had  seen  acquisitions  made, 
including  that  of  Texas,  the  whole  benefit  of  v.hich,  so  far  as  po- 
litical power  is  concerned,  accrued  to  the  slave  States  ;  and  yet 
they  are  accused  of  bad  faith  and  with  making  war  upon  the  rights 
and  interests  of  the  South. 

The  honorable  Senator  from  Virginia  [Mr.  Mason]  adverted  to 
the  Missouri  compromise,  and,  according  to  my  recollection,  said 
that  even  the  concession  of  a  single  new  free  State  caused  him  to 
hang  his  head  in  shame.  He  seemed  to  regret  that  the  policy  had 
not  been  pushed  so  far  as  to  exclude  the  free  Steles  from  any  parti- 
cipation whatever  in  the  acquisition  of  new  territory.  What  do 
wo  now  see  ?  Notwithstanding  the  compromise  which  was  made 
on  the  admission  of  the  Stale  of  Missouri,  anil  which  the  honora. 
ble  Senator  from  Virginia  said  he  supposed  had  forever  settled  this 
whole  matter,  so  that  slavery  was  to  be  excluded  above  lati- 
tude 36°  30';  yet  we  are  charged  with  b'ld  faith  when  we  resist 
its  introduction  above  latitude  42°.  All  Oregon  is  far  north  of  the 
compromise  line,  and  a  region  in  which  it  is  admitted  that  slavery 
is  not  desirable,  nay  gentlemen  say  it  cannot  exist  there,  and  yet  the 
application  of  the  ordinance  ol  1787  to  it  is  most  strenously  re- 
sisted, as  if  it  were  a  grievous  wrong,  worthy  of  agitating  the 
public  mmd  and  disturbing  the  public  tranquillity.  Who  is  charge- 
able with  bad  faith  in  forcing  slavery  into  this  region  if  the  compro- 
mise be  applicable  to  it  ?  But  does  the  compromise  of  36  30  ap- 
ply to  a  country  which  we  did  not  then  posse.'-s — over  which  we 
had  then  no  sovereignty  ?  If  it  do,  then  the  bad  faith  is  not  on  our 
part. 

I  remember  an  occurrence  in  this  chamber  some  years  ago — 
and  I  dare  say  there  are  others  within  the  range  of  my  voice  who 
recollect  it  also.  There  was  a  proposition  to  organize  the  terri- 
tory of  Iowa,  now  one  of  the  members  of  this  Union.  It  was  op- 
posed, and  a  resolution,  which  will  no  doubt  be  found  on  your 
Journal,  was  introduced  by  a  gentleman  representing  the  State  ol 
Alabama,  proposing  to  make  a  perpetual  grant  of  the  whole  terri- 
tory north  of  Missouri  to  the  Indian  tribes,  and  to  stop  the  progress 
of  emigration  west,  at  the  bank  of  the  Mississippi,  and  turn  it  south- 
ward, into  the  slave  instead  of  the  free  teriitory.  It  must  be  in 
the  recollection  of  many,  that  in  the  House  of  Representatives  we 
have  fought  battle  after  battle  upon  this  question  in  disposing  of 
the  Indians  wlio  were  removed  to  the  West.  I  bring  no  reproach 
against  any  body.  I  only  state  what  is  notorious,  that  there  have 
been  individuals  of  influence  and  high  standing  who  have  advocated 
the  proposition  to  stop  the  current  of  emigration  at  the  banks  of 
the  Mississippi,  and  to  secure  to  the  Indian  tribes  of  «his  country 
the  territory  beyond  ;  but  measures  of  that  sort  have  been  uni- 
formly frustrated. 

I  am  unwilling  to  go  into  this  matter  at  greater  length.  The 
facts  which  I  have  stated  spca^  for  themselves  ;  they  tell  the  whole 
story  ;  they  explain  what  has   been  gained  by  the  free  States  and 


what  by  the  slave  States  ;  they  make  disclosures  which  will  ena- 
ble the  public  to  form  its  own  opinion.  It  is  well  that  there  should 
bo  a  free  discussion  upon  this  subject — that  opinions  should  be  in- 
terchanged. Some  gentlemen,  indeed,  deprecate  this  discussion  ; 
and  I  do  not  deny  that  some  unpleasant  agitation  may  attend  it. 
It  is  well  known  that  there  are  discontents.  Gentlemen  advert  to 
them  in  some  severity  of  language.  They  hear  the  distant  mur- 
muring of  the  thunder,  and  they  seem  to  understand  its  meaning. 
They  say,  let  it  oouie — so  I  say,  if  they  are  unwise  enough  to 
make  such  an  issue,  and  to  place  upon  it  the  continuance  of  the 
union  of  the  States.  Yet  there  is  nothing  I  sliould  more  deprecate 
than  the  dissolution  of  this  Union.  There  is  nothing  that  would 
grieve  me  more  than  to  see  any  case  occur  which  should  be  thought 
to  justify  so  fatal  a  step.  But  if  we  cannot  speak  I  he  truth,  if  we 
cannot  discuss  this  subject  fully  without  endangering  the  Union, 
then  the  Uniod  is  only  a  rope  of  sand.  Let  me  say,  if  the  consti- 
tution is  made  only  for  a  part,  and  not  for  the  whole  country,  or 
if  it  is  to  be  administered  so  as  to  benefit  one  part  alone,  then,  in 
my  humble  judgement,  it  is  not  worth  preserving. 

Let  us  pursue  these  results  a  little  farther.  The  Senator  from  South 
Carolina  says  that  there  is  a  large  vacant  territory  north  of  Mis- 
souri and  west  of  Iowa.  How  large  it  may  bo  I  have  not  exactly 
ascertained  ;  but  I  have  never  beard  it  spoken  of  as  a  territory  of 
any  considerable  value  or  importance.  Portions  of  it  may  be  of 
some  value,  and  may  be  capable  at  some  day  of  being  organized 
into  a  State  or  States.  But  unless  I  have  been  misinformea  in  re- 
gard to  it,  it  is  one  of  the  last  sections  of  the  tountry  that  would 
be  thought  desirable  for  settlement.  It  is  a  broken  region,  desti- 
tute of  wood  and  water,  and  generally  unproductive  soil. 

Mr.  CALHOUN. — The  Senator  has  been  misinformed.  The 
greater  part  of  that  territory  is  well  watered.  It  is  very  far  from 
being  an  and  region.  It  abounds  with  streams  and  innumerable 
lakes,  and,  if  my  information  bo  correct,  a  very  large  poi  tion  of 
the  country  has  a  soil  exceedingly  fertile  If  the  Senator  will  look 
at  the  map  he  will  find  that  there  is  a  beautiful  valley  of  upwards 
of  two  hundred  miles  in  length,  containing  some  of  the  best  land 
in  all  those  regions.  But  the  decisive  fact  is  the  large  Indian  po- 
pulation which  has  found  sustenance  there. 

Mr.  DAVIS. — I  do  not  profess  to  have  very  exact  information, 
but  I  believe  the  general  statement  which  I  have  made  will  be 
found  to  be  correct.  It  is  in  the  line  of  emigration  and  in  a  heal- 
thy climate,  and  yet  is  not  sought  by  settlers.  However  it  is  not 
very  material  to  the  matter  in  hand.  I  will  take  the  positive  ra- 
ther than  the  speculative — what  is  known  rather  than  what  is  un- 
known. It  is  not  difficult  to  imagine  that  a  large  country  lying  in 
that  region  may  at  some  future  day  be  peopled,  and  that  States 
may  possibly  grow  up  there.  But  lot  us  see  what  provision  has 
been  made  to  secure  political  power  for  the  slave  interests  of  thi» 
country.  I  need  not  inform  the  Senate  that  Texas  is  now  a  part 
and  parcel  of  the  United  States,  and  that  the  resolutions  by  which 
Texas  came  into  the  Union  provided  that  there  may  be  four  addi- 
tional States  carved  out  of  that  territory.  Of  these,  not  less  than 
three  must  be  slave  States,  and  as  the  admission  of  the  four  de- 
pends upon  the  consent  of  Texas,  1  do  not  think  it  is  very  likely 
that  any  of  them  will  come  in  other  than  slave  States.  Hero, 
then,  are  four  States  expressly  provided  for  in  a  country  which  is 
vapidly  becoming  peopled,  and  will  soon  send  to  this  Union  addi- 
tional mtmbers.  Texas  was  brought  in  for  this  avowed  pur- 
pose. Gentlemen  really  seem  to  think  that  in  all  this  there 
is  no  cause  of  complaint — that  it  is  not  only  unjustifiable,  but 
proof  of  bad  faith,  to  make  any  complaint.  Vet  it  is  very  well 
known  that  Texas,  brought  in,  as  she  has  been,  for  a  ,speci- 
fic  purpose,  has  been  the  cause  of  the  war  with  Mexico — that  an- 
nexation was  the  cause  of  all  the  waste  of  blood  and  treasure 
which  has  been  witnessed  within  the  last  two  years.  But  there 
are  other  consequeuoes  which  some  portions  of  the  country  feel 
deeply  and  more  strongly  even  than  that  war.  It  was  by  the  in- 
troduction of  the  representatives  of  Texas  into  this  chamber  that 
Congress,  following  out  the  policy  of  the  President  of  the  United 
States,  was  enabled  to  overturn  the  former  financial  system  of  the 
country — by  repealing  the  beneficial  and  salutary  act" of  '42,  that 
had  received  the  sanction  of  the  country,  revived  its  credit,  and 
caused  the  highest  degree  of  prosperity.  It  was  that  addition  to 
the  forces  of  the  administration  which  enabled  ihora  to  pass  the 
fiscal  system  of  1846.  This  is  another  of  the  results  of  the  annexa- 
tion of  Texas.  It  is,  then,  remarkable  that  that  portion  of  the 
country  which  complains  of  sectional  legislation,  should  hapjien  to 
he  that  very  portion  of  the  country  which  has  received  the  benefit 
of  all  these  acquisitions.  Without  dwelling  more  at  large,  as  I 
might  with  great  propriety  do,  upon  this  interesting  aspect  of  the 
case,  and  the  pernicious  eirect  upon  industrial  pursuits,  wo  natu. 
rally  inquire,  who  has  done  this  ?  Who  has  brought  it  about? — 
Who  is  responsible  ?  I  can  say  who  has  not  brought  it  about,  and 
who  is  not  responsible.  It  has  not  been  brought  about  by  the 
wMiigs  upon  this  fioor.  In  good  faith  they  stood  by  their  principles. 
They  opposed  the  annexation  of  Texas  until  a  compact  was  mailc 
against  their  will,  and  complied  with  on  her  part  ;  but  the  united 
strength  of  the  democracy  of  the  South,  with  the  aid  of  the  democ- 
racy of  the  North,  accom|)lislied  it.  And  gentlemen  will  permit 
me  to  say — and  I  mean  it  in  no  ofiensive  sense — that  that  measure 
was  accoui|)lislied  under  circumstances  peculiar  in  their  character. 
The  annexation  of  Texas  was  pressed  into  the  Presidential  election, 
and  carried  through  by  iho  esprit  du  corps  of  party  ;  and  now  an. 
other  favorable  iiioiuent  for  concession  has  arrived  !  The  Senator 
from  South  Carolina,  with  characteristic  frankness,  avows  that 


July  8.1 


THE  OREGON  BILL. 


859 


now,  on  the  eve  of  a  Presidential  election,  a  favorable  opportunity 
is  afforded  of  settling  this  question — of  turning  the  screw  upon 
party  men.  Politicians,  in  tlieir  zeal  for  the  success  of  a  party  can- 
didate, are  apt  to  Ibrget  the  interests  of  the  country,  and  such  an 
occasion  is  deemed  favorable  to  effect  certain  objects. 

Mr.  CALHOUN. — The  Senator  entirely  misapprehended  the 
tenure  of  my  remarks.  He  would  scorn  to  resort  to  arts  of  tliat 
description. 

Mr.  DAVIS. — The  Senator  certainly  contends  that  this  is  the 
time  to  make  these  concessions,  and  best  knows  his  own  motives, 
which  I  by  no  means  question.  I  agree  that  the  success  that  has 
heretofore  attended  this  policy,  might  well  astonish  those  who  have 
achieved  it.  But  are  gentlemen  not  sensible  that  they  have  pushed 
this  policy  to  such  a  degree  of  extravagance  that  it  has  alarmed 
the  public  mind  ?  I  think  I  hazard  little  in  saying,  that  the  day 
has  gone  by  when  this  system  is  to  be  further  pursued. 

A  Democratic  Senator. — 'It  is  too  late, 

Mr.  DAVIS. — I  thank  my  friend  for  the  word  ;  it  is  too  late  : 
nor  does  this  conviction  in  the  public  mind  grow  out  of  a  little 
heat  which  has  been  engendered,  and  will  speedily  die  away.  It 
is  the  result  of  the  firm  belief  that  the  thing  is  wrong — that  there 
has  been  a  course  of  policy  pursued  which  demands  correction  at 
the  hand  of  Congress.  I  do  not  mean  that  we  should  retrace  our 
steps  by  attempts  to  disannex,  this  would  be  idle,  but  that  we  are 
to  guard  the  future.  And  let  me  tell  the  gentlemen  that  if  the 
free  States  be  denied  their  rights  which  belong  to  them,  the  diffi- 
culty will  be  fomented,  and  it  is  not  for  me  to  say  where  it  will 
end.  I  do  hope  that  this  Union  is  near  and  dear  tons  all.  I  trust 
we  are  all  fully  sensible  of  our  obligations  to  the  benlficent  Provi- 
dence who  has  bestowed  upon  this  land  an  unparralled  degree  of 
prosperity  and  happiness,  resulting  by  his  blessing  from  the 
free  institutions  under  which  we  live.  It  would  be  a  melancholy 
result  indeed,  if  the  struggle  for  political  power  should  lead  to  the 
forfeiture  of  all  these  blessings. 


I  have  said  little  on  the  qaestion  directly  before  the  Senate.  My 
design  was  to  limit  myself  to  the  general  political  aspect  of  the 
subject.  There  are  other  topics  connected  with  it  in  a  moral  point 
of  view,  on  which  I  might  have  dwelt  with  great  propriety,  but  I 
must  at  this  time  forbear.  Enough  has  been  said  to  show  that 
heretofore  there  has  been  a  great  inequality  in  the  distribution  of 
political  power,  and  that  there  is  an  overwhelming  conviction  ia 
the  public  mind  of  the  necessity  of  a  change,  %vhich  shall  restore 
the  compromises  of  the  constitution  to  their  equilibrium.  If  gen- 
tlemen suppose  that  the  free  States  can  submit  to  the  appropria- 
tion of  additional  territory  to  slavery,  they  are  very  much  mista- 
ken. They  misapprehend  the  public  temperament — the  public 
feeling — the  public  disposition. 

While  I  speak  thus  plainly  and  frankly,  intending  to  give  of- 
fence to  no  body,  I  may  repeat  what  I  have  often  declared,  that 
I  am  entirely  willing  to  abide  by  the  compromises  of  the  constitu- 
tion, and  leave  slavery  in  the  States  to  be  managed  by  the  States, 
without  interference  from  this  government.  On  the  other  hand,  I 
have  long  since  declared  ray  sentiments  in  this  chamber — and  very 
distinctly  at  the  two  last  sessions — that  free  soil  ought  not  to  be 
encumbered  with  slavery.  Without  going  more  at  large  into  the 
reasons  for  that  opinion,  I  am  disposed  to  leave  this  subject  to  the 
judgment  and  good  sense  of  the  Senate  and  the  country.  But  I 
do  sincerely  hope  that  gentlemen  will  ponder  well  upon  this  mat- 
ter, before  they  proceeiT  to  force  slavery  into  Oregon,  or  into  any 
part  or  portion  of  the  territory  of  the  United  States  which  is  now 
free. 

Mr.  JOHNSON,  of  Maryland,  expressed  his  desire  to  address 
the  Senate,  but  as  the  hour  was  late,  he  gave  way  to  a  motion 
that  the  subject  be  passed  over  informally. 

Mr.  JOHNSON,  of  Maryland,  took  the  floor,  and  it  was 

Ordered,  That  the  further  consideration  of  the  bill  be  postponed 
to  Monday  next. 

After  the  consideration  of  Exeoative  business, 

The  Senate  adjourned. 


860 


PETITIONS— RESOLUTIONS,   ETC. 


[Monday, 


MONDAY,  JULY  10,  1848. 


PETITIONS. 

Mr.  HALE  presented  a  petition  of  citizens  of  Winnebago  coun- 
ty, Illinois,  praying  tlie  abolition  of  slavery  in  the  United  States. 
The  motion  to  receive  the  petition  being  objected  to  ;  it  was 
Ordered,  That  the  motion  lie  on  the  table. 

Mr.  HALE  presented  a  petition  of  citizens  of  Amesbury  and 
Salisbury,  Massacbus'etts,  praying  a  reduction  of  the  rates  of  post- 
age, and  the  discontinuance  of  the  franking  privilege  ;  which  was 
referred  to  the  Committee  on  the  Post  Office  and  Post  Roads. 

Mr.  UPHAM  presented  a  memorial  of  citizens  of  the  United 
States,  residing  in  Maryland,  Virginia,  and  the  District  of  Colum- 
bia, praying  tlie  purchase  of  Mount  Vernon  by  the  government. 

In  presenting  this  petition,  Mr.  UPHAM  look  oceasiori  to  ob- 
serve that  he  should  asli  a  different  reference  of  this  petition  to 
that  which  those  of  a  like  character  had  hitherto  received.  One 
of  the  chief  objects  in  the  imrchasc  of  this  place  was  to  establish  a 
school  for  the  promotion  of  agricultural  science  and  its  practical 
operation.  While  all  other  pursuits  had  been  more  or  less  en- 
couraged and  protected  by  government,  that  of  agriculture,  which 
sustains  all  others,  had  been  neglected.  It  was  time  that  this 
policy  should  be  changed.  It  would  appear  from  the  census  of 
1840,  in  which  for  the'first  time  there  had  ever  been  any  attempt 
to  show  the  number  of  per-sons  employed  in  the  various  occupa- 
tions of  industry,  that  3,619,751  were  engaged  in  agriculture, 
■while  in  manufactures  and  commerce  there  were  only  909,350  : 
navigating  the  ocean  56,021  ;  navigating  canals,  lakes,  and  rivers, 
33,076 ;  mining  15,211;  and  learned  professions  65,235.  The 
same  authority  demonstrates  the  fact  that  four  out  of  five  of  the 
working  men  of  our  republic  are  engaged  in  agriculture.  On 
looking  further  into  the  last  census  it  would  be  seen  that  the  annual 
products  of  agriculture  amount  to  $554,387,597  ;  while  the  annual 
products  of  manufactures  and  commerce  were  only  $319,557,310  ; 
mining  $42,358,761  ;  and  forest  and  fisheries  $28,831,068. 

The  petition  was  referred  to  the  Committee  on  AgriciUture. 

Mr.  NILES  presented  a  petition  of  citizens  of  Brooklyn,  New 
York,  praying  that  Congress  will  withhold  any  appropriations  for 
the  purchase  of  certain  grounds  adjacent  to  the  Navy  Yard  and 
Hospital  in  that  place,  which  it  is  proposed  to  sell  to  the  United 
States  ;  which  was  referred  to  the  Committee  on  Finance. 

Mr.  HANNEGAN  presented  the  memorial  of  R.  R.  Gurley, 
praying  that  an  appropriation  may  be  made  for  the  purchase  of  a 
collection  made  by  George  Catlin  illustiative  of  the  manners  and 
customs  of  the  North  American  Indians  ;  which  was  referred  to 
the  Committee  on  the  Library. 

Mr.  RUSK  iiresented  the  memorial  of  delegates  from  the  Chick- 
asaw nation  of  Indians,  praying  lliitt  the  United  States  agency  in 
that  nation  may  not  be  discontinued  ;  which  was  referred  to  the 
Committee  on  Finance. 

Mr.  BRADBURY  presented  a  petition  of  citizens  of  York, 
Maine,  praying  a  reduction  of  the  rates  of  postage  and  the  discon- 
tinuance of  the  franking  privilege  ;  which  was  referred  to  the 
Committee  on  the  Po-st  Office  and  Post  Roads. 

Mr.  SEBASTIAN  presented  the  petition  of  delegates  from  the 
Creek  nation  of  Indians  praying  that  no  change  may  be  made  in 
the  United  State's  agency  in  that  nation  ;  which  was  referred  to 
the  Committee  on  Finance. 

On  motion  by  Mr.  PEARCE,  it  was 

Ordered,  That  the  petition  of  the  heirs  of  James  Mag!enen,on 
the  tiles  of  the  Senate,  be  referred  to  the  Committee  of  Claims. 

MESSAGE  FROM   THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  Prt'sidfat  ,  The  Speaker  of  the  House  of  Representatives  havin*;  sigiieil  an 
enrolled  bill,  1  am  directed  to  bring  it  to  the  Senate  for  the  signature  of  their  Presi- 
dent. 

The  House  of  Rc|iresentaf.ive»  have  pxsscil  the  bill  of  I  he  Senate,  to  extend  an  act 
entitled  "an  act  jiroviding  for  the  ad jusliiient  of  all  suspendeil  pre-emption  land 
claims  in  the  several  .Slates  and  Terrdories,  approved  3d  of  Augnst,  JH4ti." 

They  concur  in  some  and  disaj^ree  to  other  amendments  of  the  Senate  to  the  bill 
making  appropriations  for  the  Indian  Department,  and  lor  fulfilling  treaty  stipulations 
with  various  indian  tribes  tor  the  year  ending  June  itOth  l^lil,  and  for  other  purposes, 
and  agree  to  other  amendments  to  the  same  with  nniendnicnts,  in  which  they  request 
the  concurrence  of  the  Senate. 

The  President  of  tlie  United  States  approved  and  signed,  the  &Ili  instant,  the  fol 
lowing  uct« : 

An  actio  incorporate  the  Washington  Gas  hglit  Company. 

An  act  for  the  relief  of  Bussell  Uos^. 


INDIAN    APPROPRIATION    BILL. 

The  Senate  proeeedod  to  consider  the  amendments  of  the  Sen. 
ate,  amended  and  disagreed  to  by  the  House  of  Representatives, 
to  the  bill  making  appropriations  for  the  Indian  department,  and 
for  I'ultilling  ireaty  stipulations  with  various  Indian  tribes,  for  the 
year  ending  June  30,  1849,  and  for  other  jmrposes;  and 

The  question  being  taken  upon  agreeing  to  a  motion  made 
by  Mr.  Atherton,  that  the  amendments  be  referred  to  the  Com- 
mittee on  Finance,  it  was  determined  in  the  affirmative. 

CARRYING    the    MAIL    IN   PUBLIC    STEAMERS. 

Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  to  whom  was  referred  the  bill  respecting  the  employment 
by  the  Postmaster  General  of  public  steamers  to  carry  the  mail 
along  the  coasts  of  the  United  States,  reported  it  without  amend- 
ment. 

FRANKING    PRIVILEGE    TO  M.    VATTEMARE. 

Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  reported  a  bUI  to  facilitate  international  exchanges;  which 
was  read  the  first  and  second  times,  by  unanimous  consent,  and 
considered  as  ir.  Committee  of  the  Whole;  and  no  amendment  be- 
ing made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Resolved,  That  this  bill  pasi,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

MEXICAN    INDEMNITY. 

Mr.  ATHERTON,  from  the  Committee  on  Finance,  reported 
a  bill  for  the  payment  of  liquidated  claims  against  Mexico,  which 
was  read  and  passed  to  the  second  reading. 

ADVERSE    REPORT. 

Mr.  BRADBURY,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  bill  for  the  relief  of  John  B.  Rodgers,  of  South 
Carolina,  reported  it  without  amendment,  and  with  a  recommen- 
dation that  it  do  not  pass. 

PRITATE    BILL. 

Mr.  FOOTE,  from  the  Committee  on  Private  Land  Claims,  to 
whom  was  referred  the  bill  for  the  relief  of  Lewis  Benedict,  re- 
ported it  without  amendment. 

CORRECTION    OF    ERRORS  IN    ENTRIES    OF    LAND. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  from  the  House  to  amend  the  act  approved 
the  20th  of  May,  1824,  entitled  ■'  An  act  supplementary  to  an  act 
approved  on  the  3d  day  of  March,  1819,  entitled  an  act  providing 
for  the  correction  of  errors  in  making  entries  of  land  at  the  land 
otBces  ;"  reported  the  same  without  amendment,  and  asked  for 
its  immediate  consideration. 

The  Senate  proceeded  to  consider  said  bill,  as  in  Committee  of 
the  Whole  ;  and,  no  amendment  being  made,    it  was  reported  to 

the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 
The  said  bill  was  read  a  third  time. 
Resolved,  That  this  bill  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa. 
tives  accordingly. 

SIGNING    OF    A    SILL. 

The  VICE  PRESIDENT  signed  the  following  enrolled  bill  : 

A  bill  to  extend  tlie  provisions  of  the  existinjj  pension  laws  to  enhsted  men  of  the 
Ordnance  corps  of  the  Unilee  states  army. 

BRANCH  MINT  AT  NEW  YORK. 

Mr.  DIX  rose  to  give  notice  that  he  would,  at  an  early  day,  ask 
the  Senate  to  take  U|>  a  bill,  in  which  those  he  represented  felt  a 
deep  interest — ^he  alluded  to  the  bill  for  the  estubtishmcnt  of  a 
branch  mint  in  the  city  of  New  York.  He  had  introduced  it  at  an 
early  period  of  the  session,  and  it  had  been  reported,  he  believed, 
without  amendment,  by  the  Cominittee  on  Finance.  His  colleague, 
who  felt  the  same  interest  in  the  subject  with  himself,  had  twios 
given  notice,  as  a  member  of  the  Committee  on  Finance,  that  he 
would  call  it  up  after  the  Oregon  bill  should  be  disposed  of.  But 
the  debate  on  this  bill   had   been  protracted,   and  was  likely  to 


July  lO.j'                                             THE  OREGON  BILL.  S61 

cuntinue,  and  lie  would,  therefore,  with  the  concurrence  of  his  col-  Metcalfe,  as  a  member  of  the  Committee  on  Military  Affairs, 

league,  move  that  it  be  taken  up  during   the   morning    hour — not  in  pursuance  of  the  order  of  the  6th  inslant,  in  the   place  of  Mr. 

to-day'  but  at  an  early  day  during  the  present  week.  Crittenden,  resigned. 

Mr.  DICKINSON  said  the  bill  to  establish  a  branch  mint  in  the  the  public  lands. 
city  of  New  York  had  been  reported  by  him  a  few  days  since,  from  ^_.  haLE,  agreeably  to  notice,  asked  and  obtained  leave  to 
the  Committee  ot  Finance.  A  special  order  tor  its  consideration  ^^^,  -^  ^  ;,;„  to'dijeourage  speculation  in  the  public  lands,  and 
was  made  at  the  time  upon  his  motion,  but  had  been  overrode  by  ^^  ,j,^  ^^^^^^  ^^  ^^^^^,  J^^^^^^  ^^j  cultivators  ,  which  was 
other  business.  He  had  recently  given  notice  that  he  would  cal  it,  ,ead  the  first  and  second  times  by  unanimous  consent  ;  and  refer- 
up  as  soon  as  the  discussion  upon  the  Oregon  bill  should  terminate.  ^^j  ^^  ^j^^  Committee  on  Public  Lands. 
But  it  was  now  apparent   that  the  discu.ssion  upon  that  bill  was 

not  soon  to  end,  and   he  concurred   in  the  suggestion  of  his  col-  .^.^^  oreoon  bill 
league  that  it  should  be  taken  up  as   morning  business.     It  was 

demanded  by  the  public  exigency,  and  would  give  extensive  busi-  The  Senate  resumed,  as  in  the   Committee  of  the  Whole,  the 
ness  facilities  to  the   community,  and   put   in  circulation  a  large  bill  lo  establish  the  territorial  government  of  Oregon  : 
amount  of  coin  and  bullion  now  lying  idle  in   the   banks   or  trans- 
ferable only  in  large  amounts  or  by  weight.  Mr.  JOHNSON,  of  Maryland,  addressed  the  Senate  at  length 

upon  the  subject.     A  report  of  the  honorable  Senator's  speecli  will 

THE  AMI3TAD  CASE.  be  found  in  the  Appendix. 

Mr.   YULEE  desired  to  know   whether  the  Committee  on  Fo.  ^j^    HUNTER  obtained  the  floor, 
reign  Relations,  to  whom  was  referred  so  muchol  the  I'resident  s 

annual  message  as  relates  to  the  Amistad  case,  were  ready  to  re-  ^^.    haNNEGAN  gave  notice  of  an  amendment  to  be  oflered 

port  in  relation  thereto.  ^  |,|,„  .  ^.^-^^^  ^^,^^  ordered  to  be  printed. 

Mr.  MANGUM  replied  that  the   Committee  had  had  the  sub- 

ject  under  consideration,  and  would  probably  report  in  ibe  course  Mr.  UNDERWOOD   gave   notice   that   be   would   raodily  the 

of  a  few  days.  amendment  heretofore  submitted  by  him. 

COMMITTEE    ON    MILITARY    AFFAIRS.  On  mOtion, 

The  VICE  PRESIDENT   announced  the  a]i|iointinent  of  Mr.  The  Senate  adjourned. 


862 


THE  OREGON  BILL. 


[Tuesday, 


TUESDAY,  JULY  11,  1848. 


ADVERSE  REP0RT3. 

=.dj  ,->•  On  motion  by  Mr.  DAVIS,  of  Mississippi,  it  was 

Ordered,  That  tlie  Comniitteo  on  Military  AlTiiirs  be  discliai'ged 
from  the  further  consideration  of  the  resolution  to  inquire  into  the 
expediency  of  appointing  ten  or  more  additional  cadets  in  the  Mil- 
itary Academy. 

On  motion  by  Mr.  RUSK,  it  was 

Ordered,  That  the  Committee  on  Military  Affair.'^  be  discharged 
from  the  further  consideration  of  the  petition  of  Ambrose  R.  Da- 
venport. 

THE  TEXAS  NAVY. 

Mr.  RUSK  moved  that  the  prior  orders  be  postponed  for  t)io 
liurpose  of  taking  up  the  bill  to  authorize  the  President  to  increase 
the  naval  establishment  of  the  United  States. 

Mr.  DICKINSON  hoped  the  bill  would  not  bo  taken  up,  as  it 
would  produce  debate. 

After  some  conversation,  tlie  motion  to  take  up  the  bill  was  de- 
termined in  the  negative. 

BRANCH  MINT  AT  NEW  YORK. 

Mr.  DICKINSON  moved  that  the  prior  orders  be  postponed  for 
the  purpose  of  taking  up  the  bill  to  establish  a  branch  of  the  mint 
of  the  United  States  in  the  city  of  New  York. 

Mr.  BADGER  hoped  this  bill  would  not  be  taken  up,  for  the 
reason  that  the  Senate  had  refused  to  take  u]i  the  Texas  navy  bill. 
It  would  produce  debate,  and  it  wanted  but  twenty-five  minutes  to 
the  hour  for  taking  up  the  special  order. 

Mr.  DICKINSON  urged  the  importance  of  sjieedy  action  on  the 
bill. 

Mr.  CALHOUN  observed  that  his  colleague  [Mr.  Butler] 
desired  to  be  present  when  this  bill  was  taken  up;  and,  as  he  was 
now  absent  and  engaged  in  one  of  the  committee  rooms,  he  hoped 
the  motion  would  not  be  pres.sed  now,  and  the  bill  could  be  taken 
up  after  the  Senator  from  Virginia  [Mr.  Hunter]  had  delivered 
his  remarks  on  the  Oregon  ijill. 

The  motion  to  take  up  the  bill  was  negatived.  Ayes  17,  Noes 
19. 

NAVAL  APPROPRIATIO.V   BILL. 

On  motion  by  Mr.  ATHF.RTON,  the  prior  orders  were  post- 
poned, and  the  Senate  resumed,  as  in  Committee  of  the  Whole,  the 
consideration  of  the  bill  making  appropriations  for  the  naval  ser- 
vice for  the  year  ending  the  30th  June,  1849. 

The  question  pending  was  upon  agreeing  to  the  second  amend- 
ment proposed  by  the  Committee  of  Finance,  to  strike  out  the  119tli 
and  120th  lines,  on  the  6th  page,  the  appropriation  for  furnishing 
the  Marine  Hospital  at  New  Orleans. 

Mr.  ATHERTON  briefly  stated  the  reasons  which  governed  a 
majority  of  the  committee  in  submitting  this  amendment,  and  was 
brieliy  replied  to  by  Mr.  Underwood,  and  Mr.  Johnson,  of  Lou- 
isiana; when 

On  motion  by  Mr.  HALE,  it  was 

Ordered,  That  the  further  consideration  of  the  bill  be  postponed 
until  to-morrow. 

THE    OREGON    BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  the  bill  to  establish  th»  Territorial  Government  of 
Oregon. 

Mr.  HUNTER.— Mr.  President  :  Nothing  but  a  sense  of  duty 
could  constrain  n.e  to  speak  on  a  subject  which  I  approach  with 
great  reluctance.  The  topics  involved  are  so  nearly  connected 
with  the  family  peace,  that  I  take  no  pleasure  in  their  agitation 
and  di.si'ussion.  But  this  debate  has  been  longed  upon  us  without 
any  agency  on  the  part  of  the  South.  The  Committee  on  Terri- 
torici  introduced  a  bill  re-enacting  a  law  passed  by  the  so-called 
territorial  government,  which  expressly  excludes  slavery  from  Or- 
egon. The  Senator  from  New  Hampshire  ollered  what  is  called 
the  Wilmot  proviso,  and  althourjh  it  was  withdrawn  for  a  time, 
ho  has  given  notice  that  ho  would  present  it  again.  The  whole 
discussion  on  the  part  of  the  non-slaveholding  Senators  has  been  of 
a  character  to  press  whatever  was  most  exciting  and  dangerous 
on  this  question  upon  the  deep  and  solemn  consideration  of  the 
South.  They  have  all  told  us  that  the  slaveholder  is  to  be  exclu- 
ded from  participating  in  the  benelits  of  settling  a  territory,  won 
by  the  common  blood  and  treasure  of  all  the  States  of  this  confed- 
eracy. The  free  negro  from  our  own  States,  the  mendicant,  the 
pauper,  tha  felon,  who  is  cast  over  from  the  shores  of  Europe,  may 


inhabit  it,  but  they  exclude  the  son,  if  he  be  a  slaveholder,  of  the 
sire  whose  bones  are  bleaching  on  the  very  soil  which  he  contribu- 
ted to  win,  at  the  expense  of  a  life  bravely  lost  to  maintain  the 
honor  of  his  country's  arms.  The  Senator  from  Connecticut  told 
us,  as  I  understood  him,  that  it  was  a  struggle  for  power,  in  which 
the  majority  must  govern  and  the  minority  must  yield.  The  Sen- 
ator from  Vermont  characterized  the  assertion  of  an  equal  right 
on  the  part  of  the  slaveholding  States  to  settle  and  colonize  this 
common  territory,  as  an  arrogant  pretension.  Surely,  sir,  these 
things  are  hard  to  be  borne.  The  smallest  spark  of  sympathetic 
feeling  must  enable  one  to  see  that  such  pretensions  are,  at  least, 
calculated  to  stir  the  blood  of  every  southern  man.  But,  sir,  I 
•hall  discuss  this  question  dispassionately.  I  believe  that  truth  is 
with  us,  and  truth  is  always  strongest  when  most  calmly  present- 
ed. If,  in  the  course  of  this  discussion,  any  rebellions  feeling  should 
struggle  for  utterance,  1  will  endeavor  to  keep  it  down  ;  and  if  it 
should  at  any  time  prove  too  strong  for  my  control,  something  will 
he  pardoned  out  of  respect  to  the  sources  from  which  the  senti- 
ment springs. 

Mr.  President,  this  subject  of  the  territories  has  been  variously 
considered  in  the  course  of  the  discussion  which  has  arisen  upon  it. 
But  the  main  issues  involved  are, in  whom  or  what  body  was  reposed 
the  power  to  govern  them — under  what  limitations  is  this  power  to 
be  exercised,  and  what  are  the  rights  of  the  several  States,  to  be 
preserved  and  protected  in  the  administration  of  this  power? 

When  I  remember  the  uniform  course  of  precedents  upon  thia 
subject,  I  am  not  a  little  surprised  that  the  question  should  at  this 
day  be  mooted,  as  to  where  is  lodged  the  power  of  governing  the 
territories  of  the  United  States.  Congress  has  invariably  presscri- 
bed  the  fundamental  ordinance  or  quasi-constitution  of  the  territo- 
rial government.  It  has  introduced  into  these  ordinances  matters 
of  mere  municipal  regulation,  such  as  the  course  of  descents  and 
distribution,  and  in  some  cases  reserved  to  itself  expressly  the 
right  of  vetoing  the  action  of  the  territorial  governments.  In  ad- 
dition to  this,  it  has  been  universally  conceded  as  the  right  of  the 
federal  government  to  cede  away  the  territory,  with  sovereignty 
and  jurisdiction,  to  foreign  state.  Now,  if  the  major  includes  the 
minor,  the  power  which  can  prescribe  a  constitution  and  transfer 
the  sovereignty  and  allegiance  of  the  territory  and  its  people,  must 
surely  include  the  right  of  governing  both.  But  of  late  the  power 
has  been  denied  by  some  to  Congress,  because  there  was  no  ex- 
press grant  of  it  in  the  constitution,  and  it  was  alleged  to  be  con- 
trary to  principle  to  imply  it.  Those  who  maintained  that  the 
power  was  expressly  given  in  the  clause  of  the  constitution  which 
provides  that  "  Congress  shall  have  power  to  dispose  of,  and  make 
all  needful  rules  and  regulations  respecting  the  territory,  or  other 
property  belonging  to  the  United  States,"  were  met  by  arguments, 
in  my  opinion,  convincing  and  sound.  1  agree  with  those  who 
maintain  that  the  right  to  govern  the  territories,  is  in  Congress  ; 
but  I  do  not  concur  with  some  of  them  who  attempt  to  derive  it 
from  this  clause.  Upon  that  subject,  I  think  the  argument  of  the 
Senator  from  South  Carolina  was  clear,  conclusive,  and  demon- 
strati%'e.  I  shall  not  repeat  it,  not  only  because  he  has  exhausted 
that  branch  of  the  subject,  but  because  it  would  be  unnecessary  for 
the  purposes  of  my  argument,  as  I  shall  endeavor  to  show  that 
the  power,  no  matter  Irom  whence  it  is  derived,  can  only  be  exer- 
cised under  certain  limitations.  The  power,  in  my  opinion,  is  im- 
plied, amongst  other  sources,  as  has  been  well  said,  from  the  right 
to  acquire  territory.  If  this  right  of  aoquisition  is  to  be  implied 
from  the  necessities  of  war  and  peace,  or  of  making  new  States, 
over  which  subject  Congress  has  power,  this  necessity  of  acquisi- 
tion can  only  exist  on  account  of  some  end  to  be  secured  after  it  is 
acquired.  To  eflect  these  purposes  and  ends,  the  territory  must 
be  controlled  and  governed  by  those  who  acquired,  or  the  very  ne- 
cessities which  justified  its  acquisition  could  not  be  met.  But  there 
are  other  sources  from  which  the  implication  is  equally  obvious,-^ 
There  are  two  purposes  for  which  the  territory  of  the  United 
States  is  )ilainly  destined  by  the  constitution — I  will  not  say  that 
they  are  the  only  ends  for  which  it  may  be  acquired — but  they  are 
the  only  uses  speoied  in  that  instrument.  I  mean  the  disposition 
of  the  soil  and  the  erection  of  new  States.  Now,  the  right  of  go- 
verning the  tcrritorty  is  necessary  to  the  efliieient  exercise  of  both 
powers.  If  the  soil  is  ours  to  ho  sold  and  settled,  we  must  have 
the  means  of  preventing  trespasses  and  keeping  the  peace  upon  it. 
This  right  of  property  vested  in  the  States  would  not  be  secure  if 
they  were  dependent  upon  any  other  authority  than  an  agency  of 
their  own,  for  ihe  preservation  of  peace  and  order  upon  this  do- 
main. Counterfeiters,  horse  thieves,  fugitives  from  justice,  might 
collect  in  bands  upon  this  territory,  and  there  would  exist  no  ad- 
equate power  any  where  to  restrain  or  reclaim  them,  unless  tho 
authority  to  do  so  existed  in  Congress.  Without  this  power,  we 
could  not  guarantee  to  the  purchaser  the  use  of  the  public  domain 
after  he  had  acquired  it,  and  of  course  there  would  be  no  demand 
for  the  soil  which  wo  wished  to  sell.  But  there  is  another  still 
more  important  purpose  for  which  the  territory  of  the  United 
States  is  destined.     I  mean  its  settlement  and  erection  into  new 


July  11.] 


THE  OREGON  BILL. 


States.  To  train  up  these  infant  communities  under  such  institu- 
tions as  may  fit  them  to  become  members  of  our  confederacy,  is 
an  object  of  the  highest  iraportaneo.  To  attain  this  great  end, 
where  could  the  power  of  governmg  be  so  well  lodged  as  in  Con- 
gress, the  common  agent  of  all  the  Stalest  Far  these  purposes, 
the  maintenance  of  order  and  peace  in  the  infant  community  is  in- 
dispensable, and  there  is  a  point  of  time  in  its  existence  when 
Congress  alone  possesses  the  physical  force  to  do  it.  There  i.s, 
then,  a  fioint  of  time  when  Congress  must  govern  this  territory— 
when  is  it  divested  of  this  power  ?  The  constitution  has  specified 
one,  and  but  one  period.  When  the  infant  community  arrives  at 
its  majority — when  it  is  strong  enough  to  assume  the  responsibili- 
ties of  a  sovereignty,  and  comes  as  a  State  into  the  confederacy. 
Here  are  three  sources  from  which  the  power  of  Congress  to  go- 
vern the  territory,  as  I  think,  may  be  clearly  implied.  I  believe 
I  might  name  others.  But,  it  is  said  that  no  power  so  important 
can  be  derived  to  Congress  by  implication,  and  yet  these  very  gen- 
tlemen, or  most  of  them,  maintain  the  existence  of  the  power  to 
acquire  territory  as  implied  from  the  war  making  or  trealy-m.a- 
king  powers.  If  they  imply  the  right  of  aciiuiring  territory  from 
some  necessity  for  its  use,  surely  they  must  go  further  and  imply 
tho  right  of  controlling  and  making  that  use  of  it  after  it  is  act|uir- 
ed.  But  are  not  gentlemen  applying  a  strict  rule  of  construction, 
fitting  one  class  of  cases  to  another,  to  which  it  is  not  so  fully  ap- 
propriate ?  When  It  is  a  question  as  to  tho  distribution  of  power 
between  tho  federal  and  State  governments,  then  tho  implication 
must  be  strict  and  necessary,  by  which  the  former  can  claim  a 
power  not  expressly  granted  by  the  constitution.  Here,  what  is 
taken  by  the  one  is  subtracted  from  the  other,  and  this  strict  rule 
as  to  necessary  implication  is  derived,  not  only  from  the  nature  of 
the  parties  to  the  contract,  but  from  the  express  terms  of  the  in- 
strument, which  decla,res  all  powers  not  granted  to  be  reserved. 
But  there  is  a  class  of  cases  arising  out  of  powers  which  the 
States  are  forbidden  to  exercise,  they  being  expressly  given  to 
the  federal  government  alone.  Such  are  the  powers  of  making 
war  and  treaties  ;  such,  too,  is  the  power  of  acquiring  territory, 
for  the  States  are  prohibited  from  making  war  or  treaties,  from 
which  that  power  is  implied. 

Here  the  rule   of  construction  is  not  so  strict  ;  this  impUcatinii 
need  not  be  necessary,  but  under  certain  limitations  may  be  one  of 
convenience,   fitness,   and   propriety.     The  limitations    are,  that 
Congress  shall  not  assume   obligations   or   exercise  powers  under 
their  grants,  express   or   implied,  which  are  expressly  prohibited 
to  it  by  the  constitution,  or  which  would  encroach  upon  rights  re- 
served to  the  States  or  the  people   thereof.     A  trustee  cannot  im- 
ply a  right  to  do  what  is  expressly  prohibited  in  the  deed  creating 
his  powers,  or  what  would  defeat  the  great  ends  of  tho  trusts  de- 
clared in  the  instrument.     The  distribution  of  power  between  tho 
Slate  and  federal  government  is  vital  to   the  body  politic   and  es- 
sential to  the   scheme   of  American  association.     The   power  of 
making  w-ar  and  treaties   was   given   to  preserve  the  existence  of 
this  political  organism,  and  must  not  be  perverted  to  destroy  it.  To 
illustrate  the  rule  and  its  limitations,  Mr.  President,  let  us  take  a 
recent  instance.     In  our  war  with  Mexico  we  established  govern- 
ments, collected  revenues,  and  regulated   municipal  atfuirs  in  that 
country,  by  implication   from    the   bare  power,  without  regarding 
limitations  which  the  constitution   would  have  imposed  upon  that 
power  at  home.     Then,  it  was  no  question  of  distribution  between 
the  State  and  federal   governments,   but   as   to  a  right  which  the 
States  could  not    exercise   and   which  the  American  people  could 
not  use  at  all.  except   through   t!ie   federal   government.     But  no 
one  pretends  that,    under    the  war  power,  tho  federal  government 
could  exercise  municipal  functions  in  the  States  at  honio.     So  un- 
der the  right  to  make  treaties,  power  is  implied  liberally,  but  un- 
der the  limitations  which  I  have  named  before.     We  have  reported 
to  us  now  a  bill  to  exercise  jurisdict  on   in   China,  which  to  a  cer- 
tain extent  has  been  ceded  to  us  by  the  Emperor.     It  proposes  to 
exercise  this  jurisdiction  without  regard  to  limitations  imposed  by 
the  constitution  at  home,  but  as  Chinese  jurisdiction,  acquired  from 
them  and  administered  wiih   some   regard  to  the  social  principles 
of  that  empire.     This  implication  of  power  is  large  and  liberal,  yet 
It  may  not  be  objectionable,  as  it  subtracts  nothing  from  the  reser- 
ved rights  of  the  States  or  their  people.     But  none  would  contend 
that  we  could  make  a  treaty  which  would  enable  us  to  pass  ancr 
post  facto  law,  or  to  meddle  with  the  constitutions  and  powers  o( 
the  States  at  home.     Mr.    President,  I  have  been  thus  particular 
in  entering  upon  this  canon  of  construction   in  relation  to  implied 
powers,  because  the  consideration  of  these  distinctions  is  indispen- 
sable in  settling  much  in  our  past  transactions,  and  may  bear  upon 
much  that  is  to  come.     These  considerations  bear  decidedly  upon 
the  matter    in  hand,  because  I    think   they  meet  the  objections  of 
those  who   deny  that  a   right   to    govern    the  territories  cannot  bo 
implied  by  Congress  at  all.     So  far  from  this  being  a  case  in  which 
Congress  can  claim   no  power   by   implication,  it  is   one   in  which 
Congress  may  derive  more  largely  from  this  source  than  if  it  were 
a  question  between  Ir  3    federal   and    State   governments.  be(^ause 
under  the  constitution  it  is  a  power  which  the  latter  cannot  exer. 
cise  at  all. 

But  if  the  power  does  not  exist  in  the  Congress  of  the  United 
.St  tes,  in  whom  does  it  reside  ?  Such  a  power  must  exist.  At 
I  he  time  when  the  constitution  was  formed,  the  ccnfeder.vcy  pos- 
sessed territory.  There  was  an  obvious  necessity  that  it  should 
be  governed.  But  we  are  told  that  it  exists  in  the  people  of  the 
territory.  Does  the  constitution  say  any  thing  of  tho  grant  of 
such  a  power  ?  Is  it  not  an  implied  power  ?  .nnd  how  do  they 
imply  It  ?     There  are  but  two  possible  modes  in  which  the  people 


863 
f 

of  the  territories  could  derive  it — either  from  the  general  right  o 
man  to  self-government,  the  right  of  separate  and  distinct  society, 
or  by  implication  from  the  constitution  of  the  United  States.  Can 
they  derive  it  from  the  former,  as  a  distinct  and  separate  society  ? 
If  they  can,  Congress  has  no  right  to  extend  over  ihem  its  reve- 
nue laws,  or  exercise  in  relation  to  them  any  of  the  functions  of 
government,  until  this  self-exisling,  self-governing  society  shall 
have  come  in,  and  bv  its  own  voluntary  act  made  itself  a  part  n( 
this  confederacy.  But  no  man  who  will  look  to  the  consequences 
of  this  doctrine,  can  seriously  maintain  it  for  a  moment.  I  would 
state,  with  great  deference,  that  gentlemen  have  been  misled  by 
a  fancied  analogy  between  the  territorial  and  State  governments 
— an  idea  that  it  was  more  harmonious  and  more  consonant  with 
the  scheme  of  our  confederacy,  that  Congress  should  exercise  no 
more  power  over  the  territories  than  it  exercised  over  the  Stales, 
and  that  as  to  the  residue,  the  people  of  the  territory  derived  from 
this  natural  right  of  man  to  self-government,  tho  right  to  exercise 
all  the  other  functions  ot"  government.  This  is  a  mere  gratuitous 
iissiiniption.  I  might  demand  the  proof  and  the  reason  fur  any 
such  assertion,  but  I  shall  endeavor  to  do  more  than  ihat  I  think 
that  I  can  demonstrate  that  it  is  an  unconstitutional  assumption. 
It  is  to  be  remaiked  that  there  is  a  class  of  restrictions  imposed  in 
the  constitution  upon  ihe  State  governments,  nece.vsary  for  the 
whole  scheme  of  American  society,  which  apply  in  terms  to  tho 
Stales  and  not  to  the  territories.  No  State  shall  l.'ty  duties  wiili- 
out  the  consent  of  Conercss.  But  there  is  no  such  restriction  with 
regard  to  territories.  'Vho  citizens  of  each  .State  are  secured  in 
the  ejoyment  of  the  privileges  and  immunities  of  citizens  of  tho 
United  Stales.  Thero  is  no  such  provision  in  relation  to  the  ter- 
ritories. There  is  a  whole  class  of  restrictions  and  prohibitions, 
which  I  need  not  enumerate,  applied  in  the  constitution  to  the 
States,  bui  not  lo  the  territories  ;  and  yet  if  il  was  assumed  that 
this  right  of  government  existed  in  the  lerritories,  is  it  not  obvi- 
ous that  these  reslrictiuns  vi'culd  have  been  extended  to  them  f  If 
this  power  of  government  exists  in  the  lerritories,  there  Is  no  con- 
stitutional obligaticui  upon  them  lo  deliver  up  a  fugitive  from  jus- 
tice or  labor.  Nor  do  the  guaranties  in  relation  to  republican  go- 
vernment or  domestic  insurreciion  extend  to  them,  although  the 
latter  is  most  indispensable  for  a  sparse  and  weak  people.  Their 
power  is  greater  than  that  of  the  States,  and  they  would  thus  bo 
allowed  to  derange  the  whole  system  of  American  organization. 
But  this  is  not  all.  When  wo  come  lo  recognize  tho  remarkable 
fact  that  none  of  these  restrictions  appiv  lo  territories,  it  follows 
that  wo  must,  bv  necessary  and  inevitable  implication,  repose  the 
power  in  the  Congress  of  the  United  States.  Wo  repo.se  it  in 
Ihcm  because  they  are  llie  agents  of  tho  Slates,  and  because,  un- 
der the  letter  and  spirit  of  tho  constitution,  they  arc  governed  by 
all  of  these  limit.ations,  which  are  restrictions  as  necessary  for  the 
government  of  the  territories  as  of  the  States,and  which  would  eflect 
the  same  ends  in  the  lerritories  as  are  effected  in  the  States.  In 
ihat  point  of  view  it  was  unnecessary  to  introduce  these  express 
prohibitions,  because  they  already  existed  as  constitutional  limita- 
tions upon  the  power  of  Congress  to  govern  them-  They  were 
imposed  upon  State  governments  because  they  were  separate  and 
independent,  but  there  was  no  necessity  for  introducing  them  in 
relation  to  territorial  governments,  dependent  upon  Congress. 

But  is  this  the  only  point  of  view  in  which  the  necessity  of  the 
implication   that   all   power   to   govern   these  territories,  rests   in 
Congress,  is  rendered  ajiparent  '.     It  must  be  recollected  lliat  the 
Sliates  cannot    acquire  territory — that   the  territory  thus  acquired 
is  the  joint  property  of  all  the  States  ;  and  therefore  bv  nei-cssary 
implicaiion    the  power  of  governing  this    properly,  which  is  to  bo 
used  not   only  for  the   purpose  of  disposing  of  the  soil,  but  for  ihn 
formation  of  new  States,  should  be  reposed  in  thai   agency    which 
acts  for  the   States  jointly.     But  if  this  power  lo   govern  the  ter- 
ritories exists  in    Congress — as  I  maiiilain   it  does^he   question 
presents  itself,  under   what  limitations  that   power  is  to  be  exer- 
cised ?     Is  it  a  power  unlimited  and  absolute  ?     Can  there  he  any 
power   in  Congress  express  or   implied,  which  is  absolute  and  un- 
limited ?     Must  not  each  provision  of  the  instrument  be  construed 
in  oonnoclioii  with  cverv  other  ?     Must  we  not  here  apply  that  rule 
of  construction  which  makes  the  whole  instrument  consistent  and 
harmonious,  giving  effect  to  each  and  every  part  j  and  if  haply  there 
should  be  an  inevitable  conflict  between  the  grant  of  any  one  pow- 
cr  and    the  residue,  is  it   not  obvious   that  the  lesser   inleiit  must 
give  way  to  the    greater,  and  the  particular  provision  be  ruled  by 
the  aencral   spirit  of  the  whole   instrument?     But  in   relation   to 
the  exercise  of  any  power,  whether   granted  or   implied,  there  is 
no  sentlemen  in  this  chamber,  who  would  I  think  undertake  to  de- 
ny that   in    the  exercise  of   it,   Congress  shall   do   none  of   the 
things  actually  prohibited.     It  cannot  pass  an  fx  post  facto  law  ; 
it  cannot   establish  a  religion,  or  create  orders  of  nobility  ;  and  it 
will  be  conceded  by  all.  that   we  cannot  under  pretence  of  exer- 
cising an  acknowledged   power,  do  anything  which  is  expressly 
forbidden  to  be   done.     But  I   go  farther.     There  is  another  limi- 
tation which   is  equally  demonstrable,  and    thai  is  a  limitation  de- 
rived frow  the  spirit  of  the  instrument,  as  positive  and  absolute  as 
the  limitation  in  those  prohibitory  clau-ses  lo  which  I  have  just  re- 
ferred.    It  IS  provided  that  Congress  shall  guarantee  a  republican 
form  of  government  to  the  States.     There  is  no  such  provision  in 
relation  to  the  lerritories.  and  yet  is  it  not  obvious  that  Congress 
is  governed  by  the  spirit  of  the  instrnraenl  in  relation  to  this  mat- 
ter" and   that' there   is  a  constitutional   obligation  resting   upon  it, 
to  guarantee  a   republican  form  of  government  to  the   territories 
as  well  as  to  the  States  ?     It  does  not  expressly  provide  that  the 
citizens  of  the  States  shall  enjoy  equal  privileges  and  immunities 


864 


THE  OREGON  BILL. 


[TuESI 


in  the  teiritnries,  and  yet  does  not  every  one  feel  and  know  that 
there  is  a  constitutional  obligation  upon  Congress  to  secure  that 
to  them  ?  To  suppose  otherwise  would  bs  to  suppose  that  they 
had  the  power  by  means  ol  territorial  sovernment  to  defeat  the 
whole  end  and  intention  of  the  instrument.  There  is  another  and 
si  ill  more  important  provision  securing  the  equality  of  the  States. 
Cnll  upon  rrny  man  who  understands  the  theory  of  our  gcverimient, 
and  who  has  anv  experience  in  its  workini^s.  and  ask  him  to  name 
to  you  the  grand  cause  of  American  progress  and  development, 
and  he  will  tell  you  that  it  is  to  be  found  in  the  ecpiality  of  the  ci- 
tizens and  of  the  States.  It  is  thus  that  the  door  of  competition 
is  opened  to  all.  Every  man  has  an  equal  chance  in  the  struggle 
for  wealth,  honor,  and  the  rewards  of  society,  and  each  Slate  has 
an  equal  right  to  participate  in  the  benefits  of  the  federal  govern- 
ment. We  make  success  the  reward  of  merit,  and  merit  consists 
in  the  possession  of  those  qualities  necessary  under  a  system  of 
free  and  tmivcrsal  competition  in  order  to  attain  success.  We 
thus  allbrd  the  highest  possible  stimulus  to  individual  and  Stale 
organizations  for  the  cultivation  of  those  qualities  necessary  to  the 
progress  of  the  people  ;  thus  too  we  secure  the  harmony  of  the 
confederacy  by  the  very  means  which  foster  a  high  and  generous 
spirit  of  emulation  amongst  indlvi<Iuals  ami  States  in  the  general 
and  equal  competition  for  high  rewards  which  must  be  deserved  to 
be  won.  Change  these  great  features  and  you  make  a  revolution 
as  complete  and  entire  in  this  system  of  American  association  as 
if  you  were  to  say  that  the  President  and  members  of  this  body 
should  hold  office,  not  for  a  limited  period,  but  for  life.  Neither 
of  these  changes  would  work  a  more  entire  revolution  than  would 
the  destruction  of  this  principle  of  equality  of  the  citizens  and  of 
the  States.  Here  lies  the  whole  secret  of  our  progress.  Destroy 
the  one  and  you  put  an  end  to  the  other.  That  this  is  the  lead- 
inn  and  cardinal  feature  in  the  construction  of  the  American  con- 
federacy, we  derive  from  every  source  to  which  we  may  refer. 
We  derive  it  not  only  from  that  doctrine  of  national  law  and  com- 
mon sense  which  makes  a  confederacy  of  sovereignties,  a  confede- 
racy of  equals,  but  from  the  constitution  itself.  Open  this  instru- 
ment any  where,  and  vou  find  abundant  evidence  of  the  equality 
of  the  States.  What  are  the  ends  sought  in  the  formation  of  this 
instrument,  as  given  in  the  preamble  ? 

"To  foim  .a  more  perfect  union,  to  cslablisli  jnsticp,  lo  itisiiie  ilome>lic  Iraminililv, 
jirovide  for  the  lornnioii  defence,  and  promoletlie general  welfare." 

How  are  these  ends  to  be  so  wel!  secured  as  by  preserving  the 
equality  of  the  citizens  and  the  States?  In  the  enumeration  of  the 
powers  given  to  Congress,  how  drres  the  list  commence?  Congress 
are  authorized  to  Kay  duties,  &c.  For  what  purpose?  To  pay  the 
debt  and  lo  provide  for  the  common  defence  and  Ihe  general  wel- 
fare. How  ran  you  provide  for  the  general  welfare  unless  you 
make  equality  the  rule?  Let  any  man  reflect  upon  it,  and  he  will 
perceive  that  there  is  no  other  rule  by  which  this  provision  can  be 
carried  out.  Contrive  any  scheme  of  universal  benefit  and  vou  will 
find  It  must  be  equal.  I  mean  not  absolute  equality,  but  the  equal- 
ily  of  proportion.  But  this  is  not  all.  It  is  provided  that  all  taxes 
shall  be  uniform,  and  that  ihe  laws  of  bankruptcy  and  naturaliza- 
tion shall  be  uniform.  It  is  provided  that  no  preference  shall  bo 
given  to  pons  in  one  .State  over  those  of  another;  that  the  citizens 
of  all  the  Stales  shall  have  the  privileges  of  the  citizens  of  each; 
and  in  order  lo  insure  this  equality,  the  Stale  governments  them- 
selves are  hedged  about  by  prohibitions.  They  arc  not  allowed  to 
make  treaties,  because  in  that  way  some  might  gain  the  advanta>;o 
over  others.  Thev  are  not  allowed  lo  lav  rliities,  because  iho  be- 
nefits of  commerce  might  thus  be  dislribiiled  iineiiuallv  among  ihc 
States.  Turn  where  you  will,  you  find  the  constilution  filled  wiili 
provisions  to  secure  Ibis  equality,  and  there  is  one  rcm;iikable  in- 
stance in  which  it  is  clearly  proved  that  the  conslitulion  contem- 
plated  the  States  as  equal.  We  all  know  that  when  an  election 
by  the  people  forthe  Presidency  fails,  it  is  to  be  made  by  Congress, 
whose  sense  is  laken  by  States,  and  by  the  very  provision  of  the 
constitution  these  .States  are  made  equal,  so  that  Delaware  is  as 
influential  as  New  York  or  Pennsylvania. 

If  this  equality  among  the  States  is  a  fundamental  principle  es- 
sential  to  the  well-being  and  existence  of  American  sociely  as  it 
was  organized  under  the  constitution,  I  ask  if  we  are  not  bound  in 
the  exercise  of  every  power,  whether  granted  or  implied,  to  ad- 
minister it  with  reference  lo  those  limitations?  The  hicbest  of  all 
obligations  upon  government,  is  that  of  avoiding  all  acts  which 
would  change  the  organic  structure  and  impair  the  vital  functions 
of  the  sociely  which  entrusts  it  with  power  for  purposes  not  of 
dcBlruetion,  but  of  preservation.  It  is  the  obligalion  of  the  nurse 
not  lo  destroy  the  child.  I  ask  if  we  are  not  especially  bound  thus 
to  aci  when  wo  come  to  this  question  of  I  ho  organization  of  terri- 
torial governments,  when  it  is  remembered  that  the  people  of  the 
.States  cannot  ai'quire  territory  in  severallv  but  must  take  il  jointly. 
Who  doubts  that  in  ihe  disposition  of  the  money  arisin"  from  the 
proceeds  of  the  sales  of  Ihe  public  laiiils,  an  equal  distribiinon  is  to 
be  made?  I  did  hear  it  staled  on  iho  other  side,  that  (Jongress 
possesses  the  power  lo  dispose  of  the  propcrtv  iineipially;  but  no  one 
who  considers  this  proposition  atli'iilivelv  for  a  mnmoiit,  can,  I 
think,  maintain  it;  because  lo  maintain  that  I  here  was  an  absoliile 
power  to  dispose  of  these  proeeoils,  woiihl  be  lo  make  all  the  liiii- 
ilations  of  the  constitution  actnaMy  worthless. 

If  Congress  has  an  absolute  power  of  disposing  of  the  proceeds 
of  the  sales  of  publir^  property  to  that  extent,  it  may  do  whatever 
can  bo  efl'eeted  by  money  ;  not  only  to  that  extent,  but  to  the  meas- 
ure of  the  whole  public  treasure;  for  it  may  convert  the  money  de- 
rived from  taxation  into  property,  and  when  that  is  again  recon- 


verted into  money,  the  former  restrictions  as  to  ils  appropriation 
no  longer  apply.  The  reservations  of  the  constitution  to  the  States 
and  its  limitations  upon  federal  authority,  no  longer  apply  to  the 
appropriating  power,  and  are  utterly  useless.  But  who  can  seri- 
ously contend  for  a  proposition  which  leads  to  such  startling 
consequences.  So  long  as  it  is  a  mere  question  of  money  it  will  be 
almost  universally  admitted  that  the  appropriation  of  the  proceeds  of 
Ihe  public  property  must  be  made  under  all  the  limitations  express 
and  implied  of  the  constitution.  To  show  how  deeply  this  senfi- 
miMit  of  ihe  equality  of  the  States  has  entered  into  the  hearts  of 
our  people,  I  w-ould  appeal  to  every  one  here  if  he  w-ould  not  feel 
it  as  a  flagrant  violation  of  right  if  these  proceeds  of  the  public 
lands  were  given  only  to  part  of  the  States,  or  if  they  were  une- 
qually dislribuled  amongst  ihem.  I  mean,  as  I  said  before,  the 
ei[uaiily  of  proportion  not  absolute  equality.  It  is  in  relation  to 
that  other  end  lo  which  territory  is  applied,  the  erection  of  new 
Stales,  and  their  preparatory  settlement  and  colonization,  that  the 
equality  of  the  rights  of  the  States  is  most  important,  and  is  most 
disputed.  This  right  of  colonizing  and  settling  vacant  territory 
is  the  highesi  and  most  important  of  all  that  arise  out  of  such  pos- 
sessions. To  find  a  convenient  and  easy  outlet  for  the  excess  or 
discontented  portion  of  the  population,  is  an  object  of  the  biglicst 
possible  importance  for  every  State.  To  plant  this  population  in 
positions  where  they  may  grow  from  infancy  into  matured  socities, 
and  enter  the  confederacy  as  valuable  and  sympathizing  associates, 
is  lo  give  our  facilities  for  emigration  a  value  and  importance 
beyond  any  thing  ever  enjoyed  by  other  nations. 

How  much  have  not  these  very  opportunities  added  to  the  sta- 
bility, harmony,  and  power  of  our  confederacy  ?  But  this  right, 
important  to  all,  is  most  so  to  the  slaveholding  .Stales.  To  deny 
il  to  them,  and  confine  the  slave  populatirrn  wthin  its  present  boders, 
would  be  to  deprive  tlieni  of  all  chance  of  preserving  weight  enough 
in  the  confederacy  to  protect  their  rights  under"  the  constitution, 
whilst  it  would  dangerously  diminish  the  relative  superiority  of 
the  white  race  at  home — without  an  outlet  for  t^eir  redundant  pop- 
ulation, wilhout  the  means  of  throwing  off  the  dangerous  and  ilis- 
aflecled  portions  of  society,  in  its  growth,  which  is  the  vis  meiiicv- 
/ri.r  7m^W7"(f  of  our  political  system,  and  soon  to  be  without  any 
sensible  weight  in  the  government  of  the  confederacy,  what 
wrould  be  the  ultimate  condition  of  these  States?  No  impar- 
tial man  can  consider  these  things  without  feeling  that  it  is 
indispensable  to  the  slaveholding  States  to  maintain  their  equal 
right  lo  jilant,  colonize,  and  settle  the  vacant  territory  of  the  con- 
fcder,acy.  No  just  judgment,  I  think,  can  be  pronounced 
upon  the  conslilulifpnai  obligations  of  Congress  which  does  not 
maintain  as  one  f>f  the  highest,  that  'rf  preserving  to  the  States  an 
equal  participation  in  the  benefits  of  settling  and  colonizing  this 
common  soil  of  the  confederacy.  Il  is,  therefore,  a  high  and  pos- 
itive iliity  of  Congress  to  protect  the  property  of  those  who  move 
into  the  territory  to  settle  it.  The  end  of  government  is  the  pro- 
tection of  the  rights  of  persons  and  property. 

If  the  duty  of  governing  these  territories  devolves  upon  Con- 
gress, the  obligation  also  rests  upon  it  \o  protect  the  property  of 
those  who  go  there  to  settle,  occupy,  and  colonize  it.  But  we 
have  been  told,  when  insisting  upon  this  obligation  on  the  part  of 
Congress,  that  it  is  asking  Irro  much  ;  that  it  is  asking  the  free 
Slates  lo  participate  in  the  establishment  of  slavery.  But 
if  the  constitution  imposed  upon  them  that  obligation,  are 
wo  to  be  charged  with  asking  too  much,  when  we  demand 
ihat  the  obligalion  should  be  fulfilled?  If  they  arcdissat- 
istied  or  tired  with  the  bond  let  them  say  so.  But  if  they  mean  to 
live  under  il.  let  them  fulfil  all  the  obligations  which  thai  instru- 
nioiil  imposes  upon  llieiu.  Is  il.  in  point  of  fact,  however,  askini; 
lljciu  li>  eslablish  slavery  in  the  lerritoiies?  I  maintain  ihat  it  is 
1  ol.  'Ihe  right  of  property  in  a  slave  is  established  in  the  slave 
.State  from  which  he  comes.  No  man  can  dispute  the  right  to 
property  in  slaves  in  the  Slate  of  Virginia.  It  belongs  to  the  su- 
preme power  of  that  Slate  to  say  in  what  things  property  shall 
consist,  and  in  what  it  shall  not  consist.  It  is  one  of  the  attributes 
of  sovereignty,  aiul  if  the  Stale  of  Virginia  so  please  that  there 
shall  be  property  in  slaves  in  the  Stale  of  Virginia,  there  is  prop- 
erty in  slaves  ;  and  when  property  once  exists,  it  remains  until  it 
is  divested  eilher  by  the  act  of  owner,  the  act  of  law,  or  the  act  of 
God.  If  the  slave  is  freed  when  he  is  r'arried  to  England,  it  is 
not  because  the  owner  has  no  projieiiy  in  that  slave,  bnt  because 
Ihat  is  inflicted  as  a  pi-nally  on  him  for  bringing  thi'  slave  then-. 
If  you  were  to  carry  into  ilic  Court  of  King's  Bench  any  rjuestion 
arising  out  of  slavery,  in  a  contract  made  in  a  State  where  slave- 
ry existed,  and  raise  the  point  whether  there  was  property  in  the 
slave  in  a  case  belonging  to  the  class  in  which  the  law  nf  tjie  place 
where  the  contract  is  made  governs  it,  I  undertake  Irr  say  that 
that  court  would  enforce  the  conlraci  which  depended  upon  the  ex- 
istence  of  tliat  properly.  I  iiiiderlake  to  say  lliat  they  must  do 
so,  accrrrding  lo  all  principles  rrf  n.'iiir.nal  law  or  deny  Ihe  exist- 
ence of  sovereignty  tii  that  foreign  State.  If  sovereignty  exists 
it  belongs  to  it  to  say  in  what  pro]ierly  uonsisls.  Now  if  it  could 
not  bo  denied  in  I-'.uro[>e  that  properly  consists  in  slaves,  il  cannot 
a  fortiori  be  denied  in  IMassachusotts  or  Vermont,  because  Ihe 
the  existence  of  this  property  is  recognized  in  the  constitu- 
tion. If  a  slave  escapes  to  Vermont,  that  Slate  is  under  an 
obligation  lo  restore  him  to  the  owner.  If  an  insurrection 
occurs  in  a  southern  Stale,  all  will  admit,  also,  that  there  is 
a  constitutional  obligation  resling  on  the  goveanineiit  to  put  it 
down.  It  is  arlmitletl.  therefore,  by  Ihe  consliliilion  that  there 
is  properly  in  slaves,  and  if  the  slave  be  Ireeil  because  bis  master 
carries  him  lo  to  Vonnonl  or  Massachusetts,  he  was  freed,  not  for 


July  11.] 


THE  OREGON  BILL. 


865 


the  reason  that  there  !s  no  property  in  the  slave,  but  bccnnse  it  is 
a  penalty  for  carrying  him  there.  If  the  slave  owner  carries  his 
property  to  territory  which  is  the  joint  property  of  all,  shall  he  be 
divested  of  it  as  a  penalty  for  froincr  upon  his  own  land  ?  I  do  not 
mean  to  say  that  it  is  his  separately  or  solely,hin  all  of  it  is  his  joint- 
ly ;  and  to  divest  him  of  that  property  for  going  there  woiild  be 
an  act  of  practical  abolition,  which  would  bo  very  little  exceeded 
in  its  stretch  of  authority  by  an  act  for  abolishing  slavery  in  the 
States.  °  ■' 

But  I  go  further.  If  this  property  exists  in  the  slave, 'and  the 
owner  is  not  divested  of  it  by  his  own  act,  and  he  moves  with  it  to 
his  own  land,  it  is  not  enough  that  Congress  does  not  deprive  him 
of  it  by  law.  I  maintain  that  there  is  a  positive  duty  to  protect 
him  m  the  possession  and  enjoyment  of  that  property.  It  is  the 
duly  of  Congress  to  govern  that  territory,  and  from  this  results 
the  obligation  to  protect  the  rights  of  person  and  property.  If 
Congress  fail  in  doing  that  it  fails  of  its  duty,  and  would  be  uni- 
versally so  acknowledged  if  the  case  arose  with  reference  to  any 
other  species  of  property  than  slaves.  I  maintain,  therefore,  that 
wo  do  not  call  upon  Congress  to  establish  slavery,  when  wo  call 
upon  them  to  protect  us  in  the  preservation  of  that  which  they  re- 
cognize as  property,  and  which,  if  no  constitutional  provision  ex- 
isted at  all,  they  would  be  obliged  to  recognize  as  property  as  re- 
sulting according  to  the  law  of  nations  from  the  rights  of  the  sove- 
reignty which  gave  it  that  character,  and  from  the  nature  of 
property  itself.  A  right  exists  until  a  man  is  divested  of  it  either 
by  his  own  act  or  the  act  of  law,  and  is  it  competent  for  this  Con- 
press  to  say  that  the  man  who  moves  from  the  slave  States  into 
this  joint  property,  will  be  divested  uf  his  property  as  a  penalty 
for  going  there?  Has  any  portion  of  these  joint  owners  a  right  to 
expel  the  others?  If  A,  B.  and  C,  purchase  a  common  of  pasture 
in  joint  tenantry;  A  being  the  owner  of  cows,  B  of  sheep,  and  C 
of  horses,  would  it  be  competent  for  those  who  moved  the  cows  and 
horses  to  unite,  and  say  to  the  owner  of  the  sheep  that  he  should 
not  bring  his  stock  upon  the  common.  Thev  knew  lieforehand 
that  it  was  purchased  for  that  very  purpose.  They  knew  that  the 
pasture  was  purchased  to  be  held  in  joint  tenancy,  and  that  each 
had  a  right  to  pasture  upon  the  whole  soil.  Now,  if  they  do  jus- 
tice, they  must  maintain  equality  and  allow  the  right  of  each  to 
pasture  upon  the  whole,  or  make  an  equal  division  in  severalty. 

Another  objection  has  been  made  in  relation  to  our  demand,  that 
this  right  of  governing  territory  shall  be  exercised  under  those  li- 
mitations which  establish  the  equality  of  the  States.  It  is  said 
that  the  good  of  the  new  States  forbids  it.  We  are  told  to  look 
at  the  immense  diH'erenee  betvi-een  the  free  and  the  slave  States. 
This  is  a  question,  sir,  upon  both  sides  of  which  much  may  bo 
said.  It  is  a  question,  in  my  bumble  opinion,  to  bo  determined  by 
circumstances — by  soil,  climate,  and  a  thousand  things  to  which  I 
cannot  now  advert.  But  I  do  not  choose  to  go  into  that  enquiry, 
as  it  does  not  affect  the  purpose  of  my  argument.  These  provi- 
sions in  relation  to  the  establishment  of  new  States  were  intended 
for  the  benefit  of  the  old.  The  old  States  have  certain  rights,  in 
relation  to  this  matter,  under  the  constitution,  and  you  are  not  to 
disregard  the  obligations  and  duties  which  you  owe  to  them,  for 
the  imaginary  good  of  some  unborn  people,  who  at  some  future 
time  may  occupy  a  distant  land  with  which  we  are  not  even  ac- 
quainted. But  even  if  it  would  be  better  for  them,  you  have  no 
right  to  trample  upon  our  rights,  and  disregard  your  obbgations, 
imposed  by  the  constitution,  in  order  to  benefit  them  at  our  ex- 
pense. Mr.  President,  suppose  we  were  to  take  my  view  of  the 
case — and  exercise  this  power  under  the  limitations  which  I  have 
endeavored  to  establish  as  clearly  to  be  derived  from  the  spirit  and 
meaning  of  the  constitution  itself — I  beg  to  know  the  otfcct  ?  Sup- 
pose you  allowed  all  the  States  to  colonize  this  territory  at  their 
pleasure  ;  what  wnuid  be  the  result  ?  Would  it  not  result  in  the 
harmony  and  prosperity  of  the  confederacy  ?  Would  it  not  result  in 
tlie  imtiroved  happiness  of  the  negro  race  ?  Should  we  not  sec  the 
tide  of  black  population,  following  the  natural  law  of  gravitation, 
and  settling  by  degrees  towariis  the  line,  at  each  step  of  its  jiro- 
gress  attaining  a  clime  more  and  more  congenial  to  negro  nature  ? 
Would  we  not  then  see  old  territory  made  free,  as  new  regions 
become  occupied  by  slaves,  to  be  reduced  in  their  turn  to  the  uses 
of  civilization  and  humanity  ?  And  perhaps  amongst  the  inscru- 
table purposes  of  Providence,  there  may  be  a  design  thus  without 
shock — without  disunion — without  injury  to  any  one,  to  educate 
and  cultivate  this  race  under  the  dominion  of  the  white  man,  so 
that  one  day  they  may  reach  a  clime  and  country  fitted  for  them, 
around  the  shores  of  Mexico,  some  portion  of  which  it  may  bo  their 
ultimate  destiny  to  hold,  govern,  and  enjoy.  I  know  not  what  is 
to  happen  in  the  future,  but  I  say  that  if  there  be  anyone  of  those 
schemes  which  look  to  the  advancement  and  benefit  of  the  negro 
race  that  is  plausible,  this  seems  to  mo  the  most  practical  of 
all  th.at  have  been  named.  And  what  would  be  the  cflfects  upon 
the  non-slaveholding  States?  AVhy,  does  any  one  believe  that  it 
would  diminish  their  political  superiority,  or  affect  their  power  in 
this  Union  ?  They  already  have  superior  power  and  they  must  re- 
tain it.  When  we  lor':  to  the  population  of  the  United  States  we 
know  that  the  free  States  must  be  predominant.  The  annual  in- 
crease by  emigration  alone  is  greater  than  the  increase  of  the  co- 
lored population  in  the  slaveholding  States.  That  question  of 
power  was  settled  when  the  provision  was  introduced  into  the  con- 
stitution, prohibiting  the  importation  of  slaves.  When  you  prohi- 
bited the  importation  to  one,  and  opened  the  doors  wide  to  the 
other,  you  settled  the  question  of  power,  and  settled  it  irretrieva- 
bly. The  whole  effi^ct  of  permitting  our  people  to  migrate  with 
their  slaves   where  they  choose,  would   be,  not  to  raise  us  even  to 

30th  Cong.— 1st  Session— No.  109. 


an  equal  strength,  but  givo  us  some  little  temporary  addition  to 
our  political  power,  and  teach  us  to  feel  that  we  were  received 
and  treated  in  this  Union  as  equals  and  confederates.  Is  there 
anything  so  dangerous  io  that  ?  Is  there  anything  in  the  past  his- 
tory ol  ilie  Union  to  make  such  a  result  dreaded  ?  I  ask  if  this  in- 
stitution has  not  been  the  balance  wheel  of  this  confederacv— the* 
conservative  clement,  if  I  may  so  speak,  between  the  extremes  of 
federalism  and  democracy  ?  Who  led  the  war  in  opposition  to 
that  system  of  banks,  tariffs,  and  monopoly,  which  proposed  aa 
unjust  distribution,  as  we  believe,  of  the  profits  of  production  as 
between  capital  and  labor  ?  Was  it  not  the  South— the  southern 
democracy  ?  And  from  what  portion  of  the  confederacy  would 
we  soonest  expect  to  see  resistance  to  any  of  those  extremes  into 
which,  at  times,  all  parties  may  be  hurried  by  a  lust  of  conquest 
or  an  appetite  for  war  >.  Would  it  not  be  from  the  representatives  of 
the  South  ?  The  organization  of  society  at  tho  South  naturally 
exerts  a  conservative  influence.  The  soiiithern  slaveholder  repre- 
sents fairly  both  capital  and  labor,  because  he  owns  tjoth,  and  in- 
terest makes  him  impartial  and  conservative  in  disputes  between 
tho  two.  The  slaveholder,  without  any  superiority  in  wisdom  or 
patriotism,  may  thus  exercise  a  conservative  influence  from  his'po- 
sition  in  regard  to  those  two  great  elements  of  society.  The  his- 
tory of  our  country  has  proved  tho  truth  of  these  positions, 
for  the  infliiencoof  the  slaveholder  has  been  eminently  conservative 
not  only  of  progress,  but  of  the  limitations  indispensable  to  its 
steadiness  and  the  order  of  society.  I  am  told  that  tho  gentleman 
from  New  York  said  it  must  be  admitted  that  the  non-'slavehuld- 
ing  States  are  the  most  republican. 

Mr.  DIX.— (In  his  seat,  was  understood  to  say,) — I  did  not 
express  such  an  opinion. 

Mr.  HUNTER.— I  am  glad  to  hoar  it.  I  ask,  then,  is  there 
any  danger  to  this  confederacy  in  permitting  the  southern  Slates 
to  retain  their  present  relative  strength,  when  it  is  remembered 
too,  that  it  is  less  than  that  of  the  non-slaveholding  States?  Th-i 
Senator  from  Mas»achusetts  said  that  tho  slave  States  had  grown 
relatively  faster  than  the  free.  Is  it  not  obvious  that  he  was  mis- 
taken? Is  not  the  relative  power  of  the  non-slaveholding  States 
greater  at  this  day  in  tho  House  of  Representatives  than  when  tho 
constitution  was  formed!  No  man  can  doubt  it.*  Lot  him  look  to 
the  future — let  him  look  to  the  now  territories  and  States  which 
have  been  brought  into  this  confederacy,  and  is  it  not  obvious  that 
the  non-slaveholding  States  possess  an  increasing  superiority?     Let 

him  look  to  tho  sources  from  which  our  population  must  be  derived 

to  the  fact  that  emigration  alone  furnishes  a  larger  edition  to  the 
white  race  than  the  annual  increase  of  the  negroes.  Let  it  be  re- 
membered, too,  that  at  tho  last  census  the  whites  stood  to  tho 
slaves  nearly  as  M  to  2. .5,  or  as  2S  to  5,  so  that  the  additians  by 
increase  from  this  source  mnst  be  as  5  oi  b'  to  1  in  favor  of  the 
whites.  Who  in  his  senses  then  can  pretend  to  believe  that  the 
southern  States  will  acquire  superior  power  in  this  confederacy? 
No,  sir,  no!  That  can  never  bo  our  lot;  we  know  it  and  acknowl- 
edge it.  If  you  were  to  permit  us  to  live  in  this  confederacy  hero- 
after  as  we  have  lived  heretofore,  as  your  equals  and  brethren,  tho 
whole  result  would  bo,  not  to  change  to  any  sensible  extent  tho  re- 
lative degree  of  power  possessed  by  the  two  sections  of  the  Union 
but  to  secure  to  you  the  united  exertions  of  all  for  the  good  of  all. 
You  would  then  have  an  harmonious,  prosperous  and  happy  con- 
federacy. Who  could  then  undertake  to  assign  tho  limits  to  our 
future  progress,  if  we  thus  moved  on  devoid  of  sectional  jealousies 
and  hostilities.  Imagination  halts  at  the  attempt  to  conceive  it. 
It  is  not  for  my  pencil  to  make  the  eflbrt  to  paint  such  a  future. 

But  suppose  we  take  the  other  course,  and  declare  that  the 
slaveholding  States  are  not  to  be  treated  as  equals  and  confeder- 
ates in  this  Union.  Suppose  wc  brand  them  with  the  bad^e  of  in- 
feriority,  and  deny  them  a  participation  in  equal  rights  where  those 
rights  are  not  merely  important,  but  essential  to  their  very  pros- 
perity and  oxistenee.  Suppose  you  thus  introduce  this  principle 
of  inequality  and  thus  brand  them  as  inferior,  I  ask,  if  )'ou  have  not 
virtually  dissolved  the  Union?  You  have  destroyed  that  spirit 
upon  which  it  depends  for  existence.  The  southern  States  might 
nominally  remain  within  the  Union,  apparently  bound  by  its  forms, 
but  in  spirit  and  in  truth,  they  would  be  out  of  it,  and  you  would 
have  revolutionized  the  whole  system  of  American  society.  The 
prosperity  and  happiness  of  the  conlederacy  would  have  been  blast- 
ed Ibrever.  If  they  consented  to  remain  in  the  Union,  what  part 
would  they  play  in  tho  government?  The  slaveholding  members 
would  bo  bound  with  hooks  of  steel  to  one  another  as  a  band  of 
brothers  on  this  slavery  question.  They  would  throw  all  other  is- 
sues to  the  dogs,  and  unite  with  minorities  in  the  free  States  on 
whatever  terms  would  afibrd  the  best  protection  to  this  vital  inter- 
est. They  would,  in  order  to  secure  themselves  on  this  question  by 
the  aid  of  these  minorities,  eflect  results  repugnant  to  you  all.  Thus 
the  government,  instead  of  being  administered  for  the  general  pros- 
perity and  the  welfare  of  all,  would  be  converted  into  an  instrument 
of  mutual  oflenee  and  hostility.  But  it  may  be  said  that  tho  free 
States  would  bind  theirselves  together,  and  become  united  on  that 
question  of  slavery.  Suppose  they  did;  what  would  bo  the  eflect? 
It  would  lead  to  new  insults — new  oppression — new  injuries.  All 
considerations  of  the   general   interest   would  be   sacrificed  and 


*If  we  reckon  Delaware  as  ncatral  so  Tar  as  the  polttica)  diflereDce*  between  the 
stavelioldinsand  non-slavelioliiili?  Smtes  are  cuncerned.  and  leave  it  out  of  the  e.-»lrQ- 
l.ilion,  we  shall  find  that  in  Uic  first  Congress  nnder  the  presenl  eonsUlution.  Ihc  not- 
them  members  in  Ihe  Honse  of  Representatives  stood  to  Uie  southern  as  35  tc  -29;  the 
"•esent  proportion  is  as  ]3titoH7  — formerlv  llie  non-slavelioldin^  represenlauon  in  the 
II  juse  stood  nearly  .as  54  to  tli;  now  nearly  as  00  10  39,  which  shows  a  large  relative 
increase  ofthe  political  power  of  the  Ibrmer. 


866 


THE  OREGON  BILL, 


[Tl'ESDAYj 


merged  in  the  spirit  of  hale,  which  would   ho  inevitably  engen- 
dered by  this  civil  war,  to  be  carried  on  not  with  arms,  but  under 
the  forms  of  law.     Suppose  the  South  submitted  to  this  treatment 
from  day  to  day,  what  would   follow?     lis  spirit  would  be  wt)rn 
down  by  constant  submission  to  insult   and   injury.     The  security 
of  its  property  would  be  destroyed — -its  domestic   peace  invaded, 
and  eventually   the  ri2;ht  of  the    slaveholder   to  participate  in   the 
honors  or  administration  of  the   p;Oveinment  would  be  denied.     Is 
it  to  be  supposed  that  the  white   man    would  be  content  to  remain 
there  as  an  inferior  and  dosraded  bein^  ?     By  merely  leaving  the 
country  in  which  he  was  reduced  to  the  level  of  his  own  slaves,  he 
could  go  into  a  State  where  he  would  be  received  as  an  equal,  and 
as  one  of  the  governing  race  ?     Sir,  he  would  abandon  the  soil — 
he  would  leave  the  graves  and  the  homestead  of  his  forefathers,  to 
preserve  the  rights  and  liberties  of  his  children;  and  what  would  bo 
the  end  of  it  all  ?     You  would   have   the   West  India  experiment 
re-enacted.     You  would  erase   that  picture  of  life   and   progress 
ill  which  we  now  rejoice,  and    substitute  for  it  the  dreary  blank  of 
barbarian  waste.     The  wilderness  would  encroach  upon  the  area 
of  cultivation,  and  the  negroes  relapse  into  their  original  state  ol 
barbarism.     Night    and   chaos    would    resume   that    reign    which 
seems  to  be  so  congenial  with   African   t.lolh   and    ignorance.     Is 
this  a  consummation    to    be  desired   by    modern   philanthropy  ? — 
Alaric,  the  Go'h,  and  Atilla,  the  Hun,  trampled  down  the  flowers 
and  fruits  of  an  older  civilization,  but    they    left   behind  them  the 
germ  of  another,  wiiich    primiiseil    a    more   vigorous  growth.     If 
they  felled  the  very  tree  of  knowledge,  of  good  and  evil,  in  the  gar- 
dens of  Roman  aiid  Grecian  culture,    they   engrafted  in  its  root  a 
wild  scion,  with   higher  powers  of  development,  and  destined  to 
expand  to  loftier  proportions  than  the  stock  whose  place  it  was  to 
supply.     If  the  Goth  and  the  Hiin  uprooted,  thev  also   planteil — il 
they  destroyed  one   system,   they  laid  the  foinidations  of  another, 
which    was   destined   to    become    a   better.      But    ihe    strange 
achievement    which    modern    philanthropy    proposes    for    itself, 
will   leave  no  such  hope   behind  it    when   its  work  of  destruction 
shall  have  been  accomplished.     Nor  can  such  an  achievement  find 
a  historic  parallel,  except  the  one    in    ininature,   which   has  been 
recently  presented  in  the  West  India  Islands.  If  we  seek  for  another, 
we  must  leave  the  '■calms  of  history  for  those  of  fiction.     We  must 
turn  to  the  gloomiest  conception  of  Milton,  who  makes  his  Satan 
address  "  old  night  and  chaos,"  and  promise  to  extend  their  reign 
at  the  expense  of  light  and  life  : 

"  Once  more 
Erect  llie  standard  tliere  of  ancient  night, 
Vours  be  the  ailvanlajje  alt,  mine  the  revenge." 

Sir,  I  would  ask  any  enlightened  man  ia  the  non-slaveholding 
States,  appealing  not  merely  to  his  feelings  of  philanthropy,  but 
of  self-interest,  to  say  if  these  arc  the  results  which  he  would  be 
willing  to  bring  upon  the  South?  If  he  would  not,  let  him  remem- 
ber that  they  are  the  inevitable  results  of  the  proposed  system  of 
assault  not  only  upon  the  slave  States,  but  upon  the  constitution. 
Let  him  not  forget  either  that  these  measures  are  traced  to  their 
conscqitences  upon  the  supposition  that  they  could  carry  out  all 
these  purposes,  and  regulate  this  government  at  will,  without  any 
breach  of  the  Union.  But  can  it  be  imagined  that  the  southern 
States  could  submit  to  a  long  system  of  such  insults  and  oppres- 
sions? Why  should  they  ?  Look  to  the  elements  of  social  strength 
and  greatness  already  existing  on  the  slaveholding  States.  If  they 
submitted,  it  would  not  be  for  want  of  strength  enough  to  ensure 
domestic  peace,  and  secure  themselves  against  aggression  from 
without.  But,  sir,  does  any  man  believe  that  the  smithurn  slavc- 
Jioldcr  would  fold  liis  arms  in  mute  submission  to  a  system  of  op- 
pression which  day  by  day  wasted  his  spirit,  wound.i;fl  his  self-res- 
pect, and  robbed  him  of  his  rights?  Would  he  ipiietly  submit  to 
all  this  for  the  sake  of  union  with  those  who  were  placing  himself 
and  his  children  in  a  situation  worse  than  that  of  their  slaves — a. 
condition  in  which  they  had  all  the  responsibilities  but  none  of  tlio 
rights  of  freemen  ?  Would  he  in  patience  possess  him  of  his  soul 
in  reverence  for  those  bonds  which  bound  him  to  behold  his  do- 
mestic altars  wrapped  in  flames,  and  the  midnight  assassin  enter- 
ing to  slake  the  ashes  on  his  hearthstone  willi  the  best  and  dearest 
blood  of  the  household  ?  If  ho  did,  sir,  I  can  only  say  that  ho 
would  richly  merit  the  fate  that  would  meet  him,  and  deserve  the 
worst  of  all  the  sulTerings  with  which  his  heart  would  eventually 
bo  wrung.  But  I  beg  pardon  for  tlio  feeling  which  I  have  mani- 
fested; its  expression  escaped  me  niider  the  strong  impression  of 
0  the  moment.  The  State  which  I  have  the  honor  in  part  to  repre- 
sent, puts  no  words  of  taunt  or  menace  in  uiy  mouth.  She  has  not 
anticipated  the  necessity  of  ever  being  brought  to  calculate  the 
consequences  of  such  a  course  of  action  as  I  have  supposed.  She 
cannot  permit  herself  to  believe  lliat  her  non-slaveholding  confed- 
erates would  so  far  forget  old  associaticuis — the  constitution  and  a 
thousand  obligations,  as  to  attempt,  wilfully  and  willinglv,  to  im- 
pose upon  her  a  position  of  inferiority.  Why  sliould  an  Amcricaa 
Congress  hesitate  between  such  alternatives  as  arc  presented  ? 
On  the  one  side,  wo  see  nothing  but  haiinoiiy,  union,  (irospcritv, 
the  united  exertions  of  all  for  the  good  of  all.  On  the  other,  wc  seo 
bickerings,  di.scord — the  wreck  of  all  our  liopi's — perhaps,  of  the 
Union  itself.  Can  it  be  possible  that  we  would  blast  the  glorious 
prospect  which  ojiens  belorc  us,  with  which  wc  seem  to  sport  as 
a  child  with  his  toy,  to  be  preserved  or  broken,  as  either  will  con- 
tribute most  to  his  amusement?  There  is  nothing  that  can  explain 
it,  except  that  cabalistic  word,  "  slavery."  When  that  word  is 
uttered  it  seems  that  wo  are  to  forget  all  the  obligations  of  the 
constitution — all  the  duties  of  p.artncr.s — of  coiifiilerates  anil  Iriends. 
Alas!  wheu  the  philosopher  iii  his  closet — when  the  dreamin"  en- 


thusiast— from  whose  pen  abstractions  seem  to  ooze  without  difTi- 
cully — traces  them  in  ink,  he  little  sees  that  hereafter  they  are  to  be 
graved  by  steel  in  characters  of  blood.  He  little  knows  that  ho 
is  sowing  the  dragon's  teeth  which  are  one  day  to  spring  up  as 
armed  men.  He  does  not  foresee  that  the  questions  which  he  is 
preparing  as  "  puzzles  of  the  brain,"  are  hereafter  to  come  up  in 
the  shape  of  revolutionary  issueu,  to  he  decided  by  the  '•  trial  by 
battle,"  by  armed  men  upon  horseback.  Perhaps,  if  he  did,  he 
would  be  somewhat  more  cautious  in  the  coinage  of  those  abstrac- 
tions. He  would  weigh  more  carefully,  and  limit  more  consider- 
ately, the  sentiments  which  he  thus  throws  before  the  world. 

Sir,  what  is  slavery  ?  Solve  me  that  problem,  and,  rath  as  the 
promise  may  appear,  I  think  I  might  undertake  to  say,  that  I  will 
reduce  all  the  books  on  political  science  to  the  dimensions  of  a 
simple  primer.  What  is  shivery  I  Will  any  gentleman  here  de- 
fine it  ;  and  after  he  shall  have  done  so,  let  him  see  if  he  cannot 
find  an  application  ibr  his  detinition  some  where  at  home  ?  Does 
slavery  consist  in  the  control  which  man  exercises  over  man  ?  In 
what  clime  or  age  of  the  earth  has  the  nation  been  found  in  which 
there  have  not  been  multiplied  instances  of  such  control  ?  Or  shall 
we  be  told  that  slavery  does  not  consist  in  the  fact  of  this  control, 
but  in  tho  degree  of  it  ?  Then  define  to  me  the  limits  within 
which  this  control  is  compatible  with  I'reedom,  and  beyond  which 
It  becomes  slavery  ;  and  when  you  have  pointed  out  those  limits, 
see  if  you  do  not  find  some  where  at  home  an  application  for  your 
new  definition.  In  what  country  do  wc  not  find  the  old  primitive 
legalized  government  of  parent  over  child  ?  Is  that  not  often  a 
control  as  absolute — as  despotic,  as  that  of  the  master  over  the 
slave  ?  But  shall  we  be  told  that  this  is  absolutely  necessary  for 
the  good  of  society,  and  that  the  child  is  protected  by  those  natu- 
ral aircctionS;  which,  like  so  many  guardian  angels,  spring  up  for 
its  security  ?  I  reply  :  Is  it  not  also  for  the  good  of  society — if 
you  place  two  races  side  by  side,  widely  difTcrent  in  intelligence, 
and  separated  by  marked  distinctions  in  color — that  the  superior 
should  control  the  inferior?  When  two  races  are  separated  by 
natural  characteristics  so  deep  and  strong  that  it  is  impossible  to 
amalgamate  thein,  is  it  not  necessary  for  the  good  of  society  that 
the  interior  race  shall  be  ruled  by  the  siqierior  ?  Nay,  I  go  fur- 
ther ;  Establish  what  laws  you  will,  you  cannot  prevent  it.  You 
cannot  prevent  the  inferior  from  being  virtually  enslaved  either  as 
a  class  or  as  individuals.  And  have  we  not  in  favor  of  tho  form  of 
individual  slavery  the  alTections  which  spring  up  between  the  mas- 
ter and  slave,  not  as  strong  as  in  the  parent's  bosom,  but  still 
strong  enough  to  aflord  him  much  of  sympathy  and  protection?— 
In  what  civilized — in  what  Christian  country,  do  we  not  find  pau- 
pers, and  paupers  siilijcclcd  to  the  control  of  their  managers  to 
an  extern  fully  equal  to  that  exercised  by  tho  master  over  his 
slave  ?  Look  to  England,  the  great  focus  of  abolition  excitement, 
with  her  legions  of  paupers,  and  show  me  the  practical  difTerenco 
between  their  condition  and  that  of  the  slaves  ;  nay,  is  not  the  dif- 
ference in  favor  of  the  slave  ?  Shall  we  be  told  that  the  good  of 
society  requires  that  when  the  pauper  comes  for  his  portion  of  tho 
common  stock,  he  must  submit  to  those  regulations  which  are  ne- 
cessary to  secure  the  faithful  distribution  of  this  charity  ?  I  ad- 
mit it  ;  but  does  not  the  same  argument  apply  when  you  corao  to 
this  question  of  the  two  races,  side  by  side,  one  being  superior  to 
the  other  ?  If  the  stronger  race  permit  the  weaker  to  sit  down  by 
its  side,  to  share  tho  benefits  of  that  society  and  the  fruits  of  the 
soil,  are  they  not  authori/,cd  to  impose  conditions,  not  harder  cer- 
tainly than  those  imposed  upon  the  pauper?  But  does  not  the 
good  of  the  two  races  require  the  imposition  of  those  conditions  ? 
If  tho  arrangement  is  justifiable  and  expedient  in  the  one  case, 
why  not  in  the  other  ? 

But,  again,  is  there  any  civilized  country  in  which  wc  do  not 
find  involuntary  servitude  Ibr  crime  1  The  good  of  society  requires 
that  condition  of  servitude  as  vrc  are  told,  and  we  nui.st  confine 
them  to  preserve  the  peace  of  the  community.  Well,  does  not  the 
good  of  society  demand  that  when  two  such  races  come  together, 
as  are  found  side  by  side  with  us,  that  the  weaker  should  be  re- 
duced to  the  dominion  of  tho  stronger  ?  Does  not  the  peace  of 
our  society  im])OiMtivcly  demand  it  ?  I  appeal  to  all  experience  if 
it  be  not  so  ?  Wherever  you  place  one  of  these  black  races  beside 
a  stronger,  whether  it  be  the  white  or  even  the  Malay,  the  colored 
race  has  been  enslaved  ;  and  tho  proposition  is  as  true  in  New 
Zealand  as  in  the  W"cst  Indies  or  the  southern  Statesof  this  Union. 
But  of  all  the  power  exercised  by  man  overman,  the  most  despo- 
tic with  which  1  am  acquainted  is  that  possessed  by  him  who  con- 
trols the  entire  means  of  subsistenec  of  another,  on  whom  he  him- 
self dcpentis  hir  nothing.  Here  is  a  source  of  positive  power  and 
more  absolute  itontrol  than  tho  master  exercises  over  his  slave. — 
Do  wo  see  nothing  of  this  in  the  free  States  of  this  Union,  where  this 
aL'itation  on  the  subject  of  slavery  is  conducted  so  fiercely?  Do  we 
see  nothing  of  it  in  Europe?  We  have  it  ironi  their  own  authorities. 
Dr.  Arnold,  an  intelligent,  candid,  aiul  experienced  observer,  de- 
clares in  more  than  one  of  his  letters  towards  tlu!  close  of  his  life, 
that  the  condition  of  these  ''railway  navigators,"  as  he  calls  them, 
and  of  the  operatives  in  factories,  was  worse  than  that  of  West 
India  slavery.  II  any  man  doubts  it.  let  him  take  up  tho  accounts 
of  a  French  traveller  in  Leeds,  Birmingham,  and  Manchester,  in 
a  series  of  letters  which  a[)poareil  in  one.  of  the  French  reviews, 
the  ''  Revue  dc  deux  iMondes,''  some  year  or  two  since  ;  in  which 
you  have  a  description  of  society  in  those  places.  In  consequence 
of  th'(  improvements  in  machinery,  and  the  superior  suppleness  of 
the  limb  ol'  the  child,  the  natural  order  is  reversed  and  the  y<uith- 
fiil  members  of  the  family  become,  not  only  independent ,  but  the 
most  important  individuals  in  it.     As  the  necessary  consequence  of 


July   11.] 


THE  OREGON  BILL. 


867 


this  revolution  in  the  paternal  or  household  sovcrnmont,  we  ought 
not  to  be  surprised  to  find  overthrown  all  those  barriers  between 
age  and  sex,  which  were  designed  to  preserve  the  very  decencies 
of  life. 

Take  the  pictures  drawn  in  these  letters,  or  in  any  other  accu- 
rate description  of  life  in  those  crowded  manufacturing  cities,  and 
you  will  find  accounts  ot  infant  and  adult  depravity  at  which  the 
blood  runs  cold.  You  will  find,  too,  pictures  not  niere'y  of  crime, 
but  of  destitution  and  suffering,  and  the  sul)jeetion  not  only  of  man 
to  man,  but  of  man  to  whatever  is  most  brutalizing,  in  dependence 
and  sin,  which  startle  the  more  by  the  depth  of  their  contiast  with 
scenes  amongst  the  more  favored  classes.  Now,  all  of  this  is  not 
inevitable — much  of  it  is  occasioned  by  law,  and  ought  to  be  re- 
moved by  government ;  but,  when  that  ir,  done,  much  of  the  mise- 
ry and  dependence  must  remain  in  very  crowded  populations.  Is 
it  surprisuig,  with  such  spectacles  as  these  before  the  public  that 
the  doctrines  of  communism  should  find  a  footing  amongst  the  la- 
boring classes?  It  is  not  so  very  wonderfid  that  labor  maintained 
by  wages  should  have  been  treated  as  moililied  slavery,  and  that 
government  should  he  called  on  to  distribute  the  proceeds  of  pro- 
duction between  cajiital  and  labor.  What  is  the  answer  to  these 
appeals?  That  the  laborer  would  sufler  even  more  than  the  cap- 
italist by  .such  attempts  at  reform — that  it  would  diminish  produc- 
tion, and  reduce  the  condition  of  the  laborer  still  lower  by  lessen- 
ing, or  perhaps  destroying,  the  stock  from  which  bis  subsi.stence  is 
to  come.  He  is  told  that  the  evil  is  confessed,  but  the  proposed 
remedy  is  unwise,  and  he  is  left  dependent  still  upon  huu  wlio 
gives  him  employment  and  bread — who  can  say  to  him  live  or  die. 
Now,  sir,  I  do  not  mention  these  things  by  way  ol  reproach  or 
complaint.  I  am  only  remarking  upon  facts,  not  attacking  the  in- 
stitutions of  others.  I  will  only  say,  by  the  way,  that  this  specta- 
cle of  a  man  willing  to  work  and  dying,  for  want  of  bread,  is  not 
to  be  found  in  the  slaveholding  States.     It  is  not  there  that  you 

•'  See  yoniler  poor  o'erlnliored  wijjlit, 

So  alijecl,  mean,  and  vile, 
Wlio  Itegs  Ills  Itrollier  of  tlieeartli 

To  sife  liiin  leave  to  toil." 

On  the  contrary,  the  snbsistence  and  protection  of  the  slave, 
from  the  cradle  to  the  grave,  is  secured  to  him   by  positive  legisla- 
tion, by  public  enactment,  and   last,  but  not   least,  by  private  af- 
fection.    But,  as  I  said  before,  I  do  not  advert  to  these  things  by 
way  of  reproach  to  other  States  or  nations.     I  point  out  the  exist- 
ence of  these  things  to  show  evils  amongst  themselves  of  precisely 
the  same  character  with  those  which  they  complain  of  so  much  in 
us.     I  do  not  .see  that  they  upheave  the  pillars  of  State  or  dissolve 
the  fabric  of  society  in  vain,  or,  indeed,  in  any.  attempts  to  reme- 
dy these  grievances  at  home.     Why,  then,  disturb  us  wiih  agita- 
tions and  attempts  to  remove  inequalities  amongst  us  which  they 
do  not  interfere  with  at  home.     If   the   good   of  society   requires 
them  to  tolerate  this  unequal  condition  of  man  at  home,  how  much 
stronger  is  the  argument  to  justify  us  when  the  question  is  between 
two  s1ich  races  as'  are  found  upon  our  soil  ?    Wc  claim  nothing  but 
the  protection  of  their  own  argument.     I,  for  one,  do  not  reproach 
the  governments  of  other  States  for  the  inequalities  of  human  eon- 
ditio'n  which  exist  under  them  if  they  have  done  all  in  their  power 
and  under  existing  circumstances  to  relieve  them.     The  govern- 
ment which  does  the   best  which  is  compatible  with  the  circum- 
stances under  which  it  acts,  has  done  all  that  could  be  expected, 
and  more  than  most  of  them  eflect.     But  if  these  inequalities  still 
exist,  and  exist  they  will,  I  can   only  say,  that   such  seems  to  me 
to  have  been  the  ordination  of  Providence.     Why  it  should  be  so 
I    know    not— the  finite    cannot    comprehend    the    infinite.     But 
wherever  I  look  on  nature,  whether   to   the  vegetable  or   animal 
kin<Tdoms,  I  find  this  eternal  struggle  between  capacities  of  difler- 
cnt^extent  and   power  of  diflerent  degrees.     The  whole  progress 
of  organized  life  seems  to  consist  in  a  series  of  victories  achieved 
by  tb'e   stronger  over  the  weaker,  whose  places   they  take  iipon 
earth.     In  tlie  forest,  the  stronger  scions  crowd  out  and  overshad- 
ow more  numerous  germs,  which  spring  up  to  decline,  decay,  and 
perish      Amongst  herds  of  animals  the  stronger  appropriates  the 
lartrer  share  of  the  food  designed  for  all,  and  appropriates  it  at  the 
expense  of  the  weaker.  So  oi'  the  races  of  man;  the  superior  subdues 
r  supplants  the  inferior.  Amongst  the  members  of  the  same  race 


or  suppla —  — „  ,-1  1 

and  society  we  see  the  most  powerful  commanding  a  larger  share 
of  the  means  of  subsistence,  and  grow,  whilst  the  weak  decline. 
If  our  sympathies  should  follow  the  weak,  who  disappear,  we  can- 
not deny  but  that  a  stronger   germ   is   planted  in  their  place,  and 
another  advance  is  thus  made  in  the  piogress  ol  organized  being  and 
of  human  society.  What  is  it  that  characterizes  free  governments 
if  it  be  not  the  equal  and    general   competition  lor  the  rewards  ol 
society  which  it  authorizes   amongst   its  members.     And  what  is 
this  universal  competition  but  a  universal    struggle  between  man 
and  man— a  strngr'e  not  of  physical  but  moral    lorce  lor  mastery 
and  power.     It  is  true  that   social  rewards  in  free  governments 
are  made  to  depend  not  upon  law,  but  the  merits  ol  the  aspirant. 
To  succeed,  he  must  have   the  qualities  which  command  success; 
and  these  are  the  qualities  of  wisdom,  of  fortitude,  ol  energy,  ana 
virtue.     It  is  thus  that  the  highest  possible  stimulas  is  given  lor 
the  cultivation  of  those  qualities  which  promote  the  prosperity  ana 
happiness  of  a  people.     It  is  thus  that   society  advances  most  ra- 
pidlv   but  it  by  no  means  follows  that   the  inequalities  m  human 
condition   diminish  with  this  advance.     On   the   contrary,  il  you 
make  a  man's  condition  depend  upon  himself  you  make  as  many 
differences  in  the  condition  as  there  are  in  the  capacities  o!  men. 
The  nearest  approach  to  absolute  equality  ol  condition  ol  wlucti  i 


have  seen  any  account  is  to  be  found  in  despotisms,  where  one  is 
master  and  the  residue  slaves. 

I  speak,  sir,  of  things  as  they  are.  I  am  not  now  dealing  with 
imaginary  schemes  of  government,  or  theories  for  human  advance- 
ment, however  wise  and  <:ood  those  may  be  who  have  formed 
them.  I  am  merely  depicting  things  as  they  exist,  for  the  pur- 
))Ose  of  showing  our  brethren  who  are  disposed  to  interfere  with 
us,  that  they  have  not  taken  the  mote  out  of  their  own  eye,  before 
attempting  to  remove  the  beam  from  ours.  I  have  shown  then, 
that  to  some  extent  these  inequalities  in  human  condition  arc  ine- 
vitable ;  and  that  no  government  can  remove  or  destroy  them.  It 
is  an  ordinance  of  Providence,  and  wo  cannot  control  il.  I  am 
endeavoring  to  show  them  that  this  question  of  slavery  must  be 
viewed  in  connection  with  circumstances — that  what  is  good  in 
one  condition  of  society,  may  not  be  appropriate  in  another — and 
that  all  stable  and  wise  governments  must  consider  tlie.se  circum- 
stances and  conditions  of  society  which  modify  and  control  partic- 
ular institutions,  before  they  undertake  to  interfere  with  them. 

Let  gentlemen   look   at  home  and  weigh  the  consequences  of 
pushing  this  agitation  to  its  extreme.     Let  him  ask  himsell   what 
would  bo  the  consequences  of  destroying  this  eondiiion  of  slavery, 
and  leaving   the  two  races  side   by  side  in   the   same  country.     I 
have  admitted  that  the  extension  of  an  equal  privilege  of  comi>e- 
tition   was  a  characteristic  of  free   government  and  a  benefit,  but 
this  last  is  true  only  of  a  homogeneous  people,  and  not  of  a  soci- 
ety including   widely  dill'erent   races  under   the   same  bonds.     In 
the  latter  case,  the   benefit  ceases  when  the  privilege  is  extended 
beyond   the  members  ol*  the  superior  and   governing   race.     Sup- 
pose  the  door  of  competition  open   to   the   black,  as  well   as  to 
the  white,  would  not  the  former  be  tnimpled  down  and  destroyed  ? 
Would   they  not  be   reduced  to   a  condition    inlinitely  worse   than 
that  in  which  they  now  exist  ?     But  why,  I  ask,  why  should  there 
be  any  doubt  and  hesitation,  when   these  alternatives  to  which  1 
have  referred  are  presented  to  us  ;  and  when  it  is  so  easy  to  take 
that  course   which    would   lead  to  harmony,  prosperity,  and   pro- 
gress?    Passion  and  prejudice,  madness — il  I  may  be  pardoned  for 
using  the  terms,  may  for  the  present  rule  the  hour,  so  that  reason 
may  find   no  moment  of  calm  to  seek   the  response.     But  the  day 
for  that  response  must  come.     Mankiml  will  demand  of  us  to  ren- 
der up  an  account  of  that  high  trust  of  humanity  and  civilization, 
which  was  reposed  in  us,  by  the  virtues  of  our  forefathers  and  the 
blessings  of  Providence  ;  and  posterity  will  reckon  with  us  for  the 
loss  of  that  inheritance  which  was  given  to  us  to  be  improved  and 
transmitted  to  them.     The  future  historian  will  record  with  shame 
and  grief,  that  the  half  raised  column  and  the  broken  shaft  are  all 
that  "remains  to  commemmorate   the  unfinished   achievements  and 
abortive  efforts  of  a  people   more  richly  endowed  than  any  that 
have  ever  existed  upon  the  earth. 

Let  gentlemen  beware  how  they  stimulate  this  agittition,  for 
their  are  problems  in  political  equations  as  troublesome  of  solution 
north  of  "Mason  and  Dixon's  line,"  as  any  south  of  it !  This  agi- 
tation which  you  throw  u[)iin  us,  may  return  to  you  in  the  expan- 
sion of  its  circle,  over  the  great  wave  of  public  opinion.  The 
seeds  of  the  thistle  with  wliich  you  sow  over  oui^elds,  may  be 
borne  on  unseen  wings  with  the  breath  of  jiuhlic  dScassion  and  be 
planted  in  your  own.  The  very  mine  wliicli  is  so  cunningly 
wrought  to  shake  our  social  fabric  Irum  "turrit  to  foundation 
stone""  in  the  reaction  and  vibration  of  its  shock,  may  involve  the 
ruin  of  your  own.  It  is  an  evident  truth  that  if  this  Union  is  to 
be  dissolved,  the  injury  will  not  be  confined  to  one  side.  The  mis- 
chiefs will  be  common  to  all.  lean  only  hope  that  if  this  ruin 
come,  the  sin  will  not  rest  upon  mo  or  upon  my  lather's  house. 
The  South  will  bo  clear  of  it.  She  has  already  sacrificed  much  to 
Union.  She  is  willing  to  make  fresh  sacrifices  if  she  can  secure 
and  preserve  her  equality.  But  she  never  will  be  willing  to  sa- 
crifice the  birth-right  of  her  children,  and  thus  reduce  them  to  a 
condition  worse  than  that  of  their  own  slaves— a  condition  in  which, 
as  I  have  said,  they  would  be  involved  in  all  the  responsibilities, 
without  the  rights  of  freemen. 

On  motion  by  Mr,  DAVIS,  of  Mississippi,  it  was 
Ordered.  That  tlie  further  consideration  of  the  bill  be  postponed 
until  to-noorrow. 

MESSAGE    FRO.M    THE    HOt;SE. 

The  following  Message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

l\Ir  Presiilenl  ■  The  .'Speaker  of  the  House  of  Representatives  liaving  jigned  two 
enrolleJ  bills,  I  am  directed  to  bring  them  lo  the  Senate  for  tlie  sisnalure  of  Ihea  Pie- 
sident. 

SIGNING   OF  BILLS. 

The  VICE  PRESIDENT  signed  the  enrolled  bill  to  amend 
an  act,  approved  24th  of  May,  1824,  entitled  "An  act  supplemen- 
tarv  to  an  act,"  approved  on  the  3d  day  of  March,  1819,  enutled 
'•An  act  providing  for  the  correction  of  errors  in  makmg  enUiea 
of  laud  at  the  land  olTices."  .  ,    ,  „  .         , ^a 

Also,  the  enrolled  biff  to  extend  an  act  entitled  "An  ac  provid- 
inrr  for  the  adjustment  of  all  suspended  pre-emption  land  claims 
in°the  several  States  and  territories,"  3d  of  August,  1S46. 

THE  TE.XAS  NAVT. 

On  motion  by  Mr.  RUSK,  the  prior  orders  were  postponed,  and 
the  Senate  resumed,  as  in  Committee  of  the  \V  hole,  the  considera- 
tion  of  the  bill  to  authorize  the  President  to  increase  the  naval  es- 
tablishment of  the  United  States, 


868 


THE  OREGON  BILL, 


[Tuesday, 


Mr.  BERRIEN  opposed  the  bill,  upon  the  ground  that  it  would 
do  injustice  to  gallant  officers  in  the  American  navy,  who  would 
be  overslaughed  by  these  Texan  officers,  U'  the  bill  should  become 
a  law. 

Mr.  RUSK  contended  that  the  "  injustice"  in  the  case  had  been 
done  to  the  officers  in  the  navy  of  Texas,  who  had  risked  their 
lives  in  aiding  that  republic  in  securing  their  liberty  and  independ- 
ence, and  placing  it  in  a  condition  to  become  a  part  ol  this  Union. 
The  bill  proposed  not  to  till  vacancies  existing  in  the  present  navy, 
but  to  create  additional  offices,  to  he  filled  by  these  Te.xan  officers. 
The  necessity  of  an  augmentation  of  the  navy  was  apparent  from 
the  increasing  extent  of  oar  sea  coast. 

Mr.  BADGER  observed,  that  a  majority  of  the  Committee  on 
Naval  Affiiirs  were  opposed  to  this  bill  becoming  a  law  ;  but  they 
had  deemed  it  due  to  the  honorable  gentleman  representing  the 
State  of  Texas  to  bring  the  question  before  the  Senate  for  their 
direct  vote.  His  own  opinion  was,  that  the  Senate  owed  it  to  the 
gentlemen  engaged  in  the  American  navy  to  reject  it. 

Mr.  UNDERWOOD  considered  the  terms  of  the  bill  unconsti- 
tutional, inasmuch  as  it  directed  the  President  to  appoint  certain 
men  to  office,  while  the  constitution  provided  that  he  should  make 
appointments  to  fill  those  offices  by  and  with  the  advice  and  con- 
sent of  the  Senate. 

Mr.  RUSK  contended  that  the  power  to  le-instate  the  Texian 
officers  in  the  ships  of  the  American  navy  by  the  President  was 
not  unconstitutional.  He  was  opposed  to  any  exelusiveness  m  the 
navy.  In  time  of  war  he  would  be  in  favor  of  drawing  from  the 
ranks  of  private  life,  such  citizens  as  would  be  competent  to  dis- 
charge offices  in  the  navy.  Mr.  R.  cited  from  an  act  passed  by 
Congress  in  September,  1789,  in  reference  to  the  officers  of  the 
army,  connecting  as  a  precedent  in  favor  of  the  constitutional 
power  of  the  President  to  do  justice  to  all  the  officers  of  the  Tex- 
ian navy. 

Mr.  CALHOUN  advocated  the  passage  of  the  liill,  contending 
that  it  was  constitutional,  proper,  and  just,  providing  merely  for 
the  fulfilment  of  a  stipulation  made  with  Texas  in  the  resolutions 
of  annexation.  Texas  had  always  understood  up  to  the  present 
lime  that  that  stipulation  would  be  strictly  adhered  to,  and  that  if 
there  was  amy  foundation  whatever  for  the  constitutional  objec- 
tion raised  hy  the  gentleman  from  Kentucky,  it  would  be  an  easy 
matter  to  remedy  the  difficulty.  Mr.  C.  further  spoke  in  com- 
mendation of  the  course  of  those  of  the  American  olfieers  who 
preferred  entering  the  service  of  Texas,  and  fighting  for  the  cause 
of  liberty,  than  remain  in  a  state  of  inactivity  in  the  Ameiioan  ser- 
vice. He  said  this  without  meaning  the  slightest  disparagement 
towards  those  who  chose  rather  to  remain  from  motives  doubt- 
less of  pure  patriotism  in  the  American  service,  although  having 
the  same  opportunity  as  those  others  had  of  entering  the  Texian 
service. 

Mr.  BERRIEN  considered  that  there  could  be  no  greater  me- 
rit than  that  w^irh  accrued  from  remaining  in  the  service  of  one's 
country  and  faraifully  discharging  all  the  necessary  duties,  no  mat- 
ter how  irksome,  in  time  of  peace.  The  feeling  which  prompted 
men  to  abandon  the  Hag  of  their  country  to  enter  a  foreign  ser- 
vice, in  which  they  would  receive  more  rapid  promotion,  was  sel- 
fish, not  patriotic.  Those  gentlemen  who  had  remained  in  the  ser- 
vice of  the  United  States  had  had  as  much  opportunity  to  have  en- 
tered the  Texian  service  as  did  these  olfieers  whose  claims  for  of- 
fices in  the  American  navy  were  now  being  pressed  ;  hut  they  had 
chosen  rather  to  surrender  the  advantages  which  might  result 
from  such  a  change,  and  though  men  of  enterprize  and  ambition, 
they  had  a  love  of  country  which  forbade  their  abandoning  the 
American  flag.  For  one,  he  could  not  see  any  just  reason  for  dis- 
carding the  just  claims  of  his  own  countrymen  in  this  matter,  and 
giving  the  preference  in  promotion  to  those  who  were  not  more 
brave,  or  gallant,  or  patriotic,  than  those  who  remained  at  home. 
In  regard  to  the  ease  cited  by  the  Senator  from  Texas,  he  thought 
there  was  no  analogy  between  it  and  the  one  then  under  consider- 
ation. The  case  [alluded  to  by  the  Senator  from  Texas  was  one 
in  which  the  troops  of  the  United  States  that  had  been  raised  hy 
the  several  States  to  share  in  the  revolutionary  struggle,  after  the 
■war  was  over,  in  consequence  of  the  recommendation  of  Congress, 
■were  incorporated  in  the  service  of  the  United  States.  The  case 
before  them  was  tliat  of  a  navv  of  a  State  admitted  to  have  been 
foreign  at  the  time  when  these  officers  entered  its  service — a  navy 
too  not  raised  under  the  authority  of  the  United  States.  Tlie  iilli- 
cers  who  had  entered  this  navy,  were  according  to  the  bill  before 
them,  to  be  permitted  to  come  in  and  command  those  in  some  in- 
stances who  had  commanded  them  when  they  were  in  the  service 
of  the  United  States. 

Mr.  HALE  wished,  as  so  much  had  been  said  about  the  neces- 
sities of  our  navy  in  consecpience  of  our  extended  coast,  that  gen- 
tlemen would  look  into  the  Naval  Register  and  see  what  was  tho 
real  situation  of  the  naval  corps  at  this  moment.  According  to  the 
register  we  had  sixty-seven  captains  in  the  American  service,  forty 
.j)ut  down  as  on  leave  of  absence,  or  waiting  orders,  i.  e.  literally 
doing  nothing.  Of  ninety-seven  commanders,  forly-three  are  on 
leave  of  absence  and  waiting  orders  ;  and  of  three  hundred  and 
twenty-seven  lieutenants,  eighty-six  arc  on  leave  of  absence  and 
■waiting  orders.  Thus  we  had  forty  captains  doing  nothing  but 
simply  waiting  orders,  and  receiving  tw«niy.five  hundred  dollars  a 
year ;  and  so  ■with  the  remaining  grades.  He  did  noi  know  by  what 


rule  of  justice  it  could  be  made  to  appear  that  a  captain  should 
receive  twice  as  much  as  a  lieutenant  for  doing  nothing  ;  never- 
theless, according  to  the  register,  such  was  the  fact.  Tho  appro- 
priations proposed  in  the  naval  appropriation  bill  of  this  year 
amounted  to  some  eleven  millions,  as  much  as  the  whole  of  the  ex- 
penses of  Mr.  Monroe's  administration  of  eight  years.  The  amount 
of  expenditure,  however,  was  not  at  all  surprising,  when  the  fact 
of  so  many  men  being  paid  such  large  sums  for  doing  nothing,  was 
made  apparent.  Should  he  live  to  take  his  seat  in  that  body  at 
another  session,  he  would  pledge  himself  to  introduce  some  prac- 
tical reform  of  this  enormuus  abuse. 

Mr.  ATHERTON  stated  that  the  expenses  of  the  navy  proper 
were  only  some  six  or  seven  millions.  If  the  appropriations  for 
marine  hospitals  and  other  necessary  adjuncts  to  the  navy  were 
included,  the  whole  amount  of  appropriations  would  be  some  ten 
or  eleven  millions. 

Mr.  FOOTE  was  some^n-hat  surprised  at  the  range  the  discus- 
sion had  taken,  which  seemed  a  very  liberal  one,  to  say  the  least. 
The  question  before  the  Senate  was  not  the  one  that  had  just  been 
discussed  by  the  Senator  from  New  Hampshire,  but  it  was  simply 
whether  we  should  repudiate  the  solemn  compact  entered  into 
with  Texas  at  tho  time  of  her  annexation,  or  whether  we  should, 
in  a  spirit  of  fairness  and  magnanimity,  carry  out  that  compact. 
There  were  no  legal  rights  of  the  American  officers  violated  in 
this  case  ;  this  idea  the  Senator  from  Georgia  had  distinctly  dis- 
carded. If  their  rights,  then,  by  this  bill,  were  not  inti-rferea  with 
in  a  legal  sense,  were  tiicy  in  a  moral  sense  ?  If  these  officers  were 
men  wanting  in  intelligence  and  moral  worth,  that  suggestions 
might  be  plead  with  truth.  But,  on  the  contrary,  these  officers,  and 
Com.  Moore  in  particular,  were  known  and  esteemed  for  their  es- 
timable private  characters.  Surely  he  thought  the  officers  of  our 
navy  could  not  consider  themselves  aggrieved,  or  offer  any  reasona- 
ble ground  of  complaint  if  these  Texian  officers  were  dealt  with  as 
was  proposed  in  the  bill.  Gentlemen  had  seemed  to  imply  a  wart 
of  love  to  country  in  these  Texian  officers  leaving  the  American 
service.  He  was  not  sure  but  th.at  such  acts  were  to  be  regarded 
as  evidencing  a  greatly  increased  love  of  country,  a  greater  re- 
gard for  free  institutions,  by  going  abroad  lor  the  purpose  of  aiding 
in  the  establishment  of  free  institutions  to  a  people  kindred  to  us 
in  name  and  ancestry.  Mr.  F.  then  warmly  eulogized  the  eon- 
duct  and  character  of  Commodore  Moore  as  a  private  citizen  and 
a  soldier  in  the  cause  of  freedom.  The  extent  of  coast,  by  recent 
acquisitions,  justly  demanded,  he  thought,  the  increase  proposed 
in  the  bill.  Texas  had  opened  the  road  to  these  acquisitions,  and 
by  every  light  in  which  the  right  could  be  viewed,  he  thought  we 
were  bound  to  do  justice  to  the  officers  of  her  navy. 

Mr.  WESTCOTT  said  he  should  vote  for  the  bill,  but  preferred 
that  its  praseology  should  be  amended  The  amendments  he  sug- 
gested would  obviate  the  objection  of  the  Senator  from  Kentucky, 
[Mr.  Underwood.]  It  would  make  the  bill  read  so  that  the 
navy  of  the  United  States  should  not  be  increased  by  adding  to  it 
the  specific  officers  of  the  Texan  navy,  by  direction  of  Congress  to 
the  President,  but  merely  allowing  the  increase  of  the  United 
States  navy  sufficiently  to  enable  the  President  to  nominate  those 
of  the  Texan  officers  he  might  deem  worthy  and  well  quali- 
fied. He  would  not  attempt  to  fetter  in  any  wise  the  con- 
stitutional power  and  discretion  of  tho  President  with  respect  to 
nominations.  Congress  had  no  right  to  do  so  bylaw — not  even  by 
treaty,  or  joint  resolutions,  not  then  annexing  Texas  or  in  any  oth- 
er mode.  The  amendments  he  suggested  were  as  follows,  and 
were  read  : 

He  proposed  to  strike  out  the  words  ''by  adding  thereto  the," 
and  insert  '■  by  an  addition  equal  to  the,"  and  to  add  at  end  of 
law  "  and  in  such  appointments  the  President  may  select  persons 
not  now  olfieers  of  the  navy  of  the  United  States." 

Mr.  BERRIEN  inquired  if  the  Senator  from  Florida  meant  to 
authorize  the  President  to  build  new  ships  if  those  of  Texas  were 
unfit  for  service  ? 

Mr.  WESTCOTT  replied  that  he  would  ;  and  for  reasons  that 
ho  would  give  presently.  He  would  return  to  the  claim  of  those 
olfieers.  He  did  not  agree  that  tbey  derived  any  rightful  claim, 
arising  from  the  terms  of  the  joint  resolutions  concerning  Texas, 
or  founded  on  annexation.  He  did  not  agree  with  those  Senators 
who  had  argued  that  we  had  adopted  those  officers  into  our  navv 
by  those  resolutions.  Their  arguments  had  not  convinced  iiim. 
lie  would  take  occasion  also  to  reiterate  what  he  bad  said  at 
a  former  sessicm,  when  a  similar  bill  was  before  the  Senate,  that 
he  did  not  conceive  the  ofiicers  of  the  United  States  navy  had  any 
right,  or  that  it  was  in  anywise  becoming,  for  tl.em  to  object  or 
interfere  as  to  any  provision  Congress  might  make  for  these  Texan 
olfieers.  They  had  no  business  to  meddle;  they  had  just  such 
rights  as,  and  no  more,  than  the  laws  Congress  passed  conferred 
upon  them  ;  and  Congress  had  the  rightful  power  to  alter,  repeal,  • 
or  amend  these  laws  whenever  it  deemed  it  projier  for  the  inter- 
ests of  the  country,  and  to  abolish  the  navy  entirely,  or  half  of  it, 
or  remodel  it  altogether,  or  reduce  the  rank  and  pay  of  the  officers. 
Such  course  would  allord  no  ground  of  just  complaint  by  them 
whatever.  They  were  not  above  tho  laws  or  legislation. — 
They  should  understand  this.  He  placed  tho  propriety  of 
Congress  making  provision  for  the  Texan  officers  entirely  upon 
other  and  dillerent  principles  than  those  urged  here.  We  had  ad- 
mitted Texas  into  the  confederacy.  While  in  it  sho  could  not: 
maintain  ov  keep  a  navy  ;  slw  was  restricted  from  so  doing  by  the 


July  11.1 


THE  OREGON  BILL. 


869 


federal  constitution.  These  officers  were,  tlicrefore,  thrown  out 
of  emploj'ment.  They  were  gallant,  meritorious  men  ;  some  of 
ihera  would  adorn  our  navy,  or  any  other  navy.  They  were  Ame- 
ricans, born  and  bred.  He  would  act  liberally,  pcnerously  to- 
wards these  officers,  not  because  there  was  an  actual  oblif^ation  to 
give  them  commissions,  but  because  it  was  a  course  that  became 
the  government  of  this  great  confederacy,  to  act  generously  and 
liberally  towards  Texas  and  her  officers.  We  received  the  ships 
and  their  armaments,  and  then  refused  to  license  the  ofiioors.  We 
ought  not  to  be  restrained  by  any  niggard  rules  of  false  economy  in 
this  matter.  Wo  should  act  towards  tbose  who  aided  the  cause 
of  constitutional  freedom  in  Texas  as  became  the  greatest, 
richest  and  most  powerful  republican  confederation  that  had  ever 
existed,  and  these  rules,  in  his  judgment,  demanded  provision  for 
these  officers.  He  did  not  believe  the  President  needed  any  prompt- 
ing, if  the  bill  be  general,  to  nominate  the  Texan  officers.  Public 
opuiion  and  the  debates  here  would  indicate  to  him  the  object  of 
the  law,  and  he  doubted  not  he  would  act  properly. 

As  to  the  in(|uiry  of  the  honorable  Senator  from  Georgia,  [Mr. 
BerrienJ  whether  he  (Mr.  AV.)  would  increase  the  navy  without 
reference  to  these  officers,  he  unequivocally  answered,  yes.  He 
regretted  to  hear  the  remarks  of  the  honorable  Senator  from 
New  Hampshire,  [Mr.  H.\le.]  It  was  not  a  satisfactory  mode 
of  argument  to  compare  it  or  its  expenses  now,  wilh  what 
it  was,  or  what  its  expenses  were,  under  Madison's  or  Monroe's, 
or  any  past  administration.  Within  ten  years  we  had  added  up- 
wards of  one  thousand  miles  of  sea-coast  to  our  country  on  the 
Pacific;  within  four  years  we  had  annexed  to  the  Union  the  Texan 
coast,  of  four  or  five  hundred  miles.  In  1821  we  had  obtained 
thirteen  hundred  miles  of  gulf  and  sea  coast  by  the  cession  of  Flo- 
rida. AVho  would  say  these  additions  to  our  maratiino  frontier,  of 
nearly  three  thousand  miles,  did  not  demand  increased  naval  force 
to  defend  them  ?  Again,  could  any  sagacious  man  be  blind  to 
what  was  going  on  in  Europe  ?  She  would  be  involved  in  a  gene- 
ral war  in  less  than  six  months.  Did  any  one  doubt  it?  Could  we 
keep  out  of  the  contest  ?  We  might  try,  sir,  but  we  could  not. — 
The  belligerants  would  force  us  into  it,  unless  we  tamely  submit- 
ted to  spoliations  on  our  commerce,  and  insult  and  outrage.  If 
■we  had  sueh  contest  wilh  England  or  France,  the  struggle  would 
be  on  tho  ocean.  In  sueh  case  our  present  navy  would  not  be 
sufficient  for  the  Gulf  of  Mexico  alono.  It  should  be  increased 
in  sueh  event  three  or  four  fold.  We  should  not  forget  the  old 
maxim,  "  in  time  of  peace  prepare  for  war."  Further,  in  such 
contest,  if  it  should  be  with  England,  our  eastern  and  northern 
brethren  might  become  a  little  less  hostile  to  the  great  principle 
of  progress  and  doctrine  of  annexation.  As  a  set  olf  to  the 
acquisition  of  the  British  West  Indies,  the  Senator  from  New 
Hampshire,  and  our  northern  and  eastern  brethren,  might  look  with 
longing  eyes  to  the  Canadas,  Nova  Scotia,  and  New  Brunswick, 
where  wliat  that  Senator  calls  the  ''black  field  of  slavery"  does  not 
spread  over  tho  land  to  shock  his  philanthropic  sensibilities.  Should 
we  not  want  an  increase  of  naval  force  to  defend  such  possessions 
when  acquired.  Suppose  we  had  Cuba  ceded  to  us,  should  we  then 
need  no  greater  force  ?  These  were  not  dreamy  visions.  He  did 
not  thinic  the  army  should  be  increased.  Tho  navy  was  the  branch 
of  the  public  service  that  we  should  look  to  now.  We  could  raise 
an  armv  in  thirty  davs  as  powerful  as  any  that  ever  fought.  For 
the  reasons  he  had  suggested,  he  should  vote  for  the  bill,  whether 
amended  or  not.  He  did  not  think  an  admiral  as  necessary,  hut  ho 
wanted  to  see  more  ships  and  officers  and  men  ready  for  any  crisis 
or  contingency.  * 

Mr.  DAVIS,  of  Massachusetts,  was  not  willing  that  the  navy 
of  the  United  States  should  rest  under  the  imputation  thrown  upon 
it  by  the  Senator  from  New  Hampshire.  He  had  listened  on  a 
former  occasion  to  speeches  made  in  a  similar  strain,  in  reference 
to  the  West  Point  academy,  that  it  was  a  worm  gnawing  into  the 
vitals  of  the  government,  and  that  on  account  of  the  expense  it 
gave  rise  to.  it  should  be  put  down.  But  he  thought,  after  the  ser- 
vice that  the  graduates  of  that  academy  had  rendered  in  Blexico, 
that  now  there  could  not  be  found  a  man  willing,  in  either  House, 
to  rise  up  and  declare  himself  opposed  to  the  institution  because  of 
its  inutility.  Our  naval  marine,  in  proportion  to  our  commercial 
marine,  was  the  smallest  in  the  world.  Our  navy  did  not  bear 
the  proportion  to  our  commerce  that  it  did  thirty  years  ago.  It 
was  necessary  that  we  should  have  men  in  training  in  time  of  peace, 
at  school  as  it  were  in  the  navy,  for  we  all  knew  that  it  was  by 
experience  alone  that  a  man  was  qualified  to  manage  a  ship. — ■ 
Time  and  a  thorough  education  was  requisite  to  an  understanding 
of  ship  navigation,  and,  therefore,  he  thought  that  the  present 
number  of  officers,  either  on  duty  or  off  duty,  was  necessary,  and 
that  the  arrangements  made  in  reference  to  them  was  judicious. 


Where  were  our  enemies  to  come  from  in  case  of  war?  From 
across  the  Atlantic.  If  we  were  to  have  a  conflict  with  any  for- 
eign power,  it  would  be  with  a  European  power,  and  of  course 
our  navy  marine  should  be  in  a  state  adequate  to  repel  aggression. 
In  such  a  case  we  would  need  all  their  seamanship,  which  was 
only  to  be  gained  by  years  of  jireparation  and  practice.  There 
was  not  a  more  gallant  set  of  men,  in  his  opinion,  in  the  service  of 
the  United  States  than  the  oflicers  of  the  United  States  navy:  none 
more  justly  entitled  to  the  respect  of  their  fellow-countrymen.  He 
would  venture  to  predict,  whenever  the  occasion  demanded,  that 
they  would  not  fall  behind  any  of  their  countrj-men  for  gallantry 
and  patriotism. 

Mr.  UNDERWOOD  said  that  tho  respect  which  he  felt  for  the 
opinions  of  the  Senator  from  Texas,  had  induced  him  to  examine 
the  precedent  he  had  cited  of  the  act  passed  by  the  revolutionary 
Congress,  in  reference  to  the  army  in  service  during  the  revolu- 
tionary war.  Ho  appreiiended  that  it  did  not  approach  at  all  the 
question  at  issue.  That  act  merely  adopted  an  existing  establish- 
ment, and  did  not  authorize  the  formation  of  a  new  commission. 
This  was  a  bill  in  which  the  officers  to  bo  created  were  expressly 
designated. 

Mr.  RUSK  was  still  of  opinion  that  tho  case  he  had  cited  was 
directly  in  point.  He  entered  into  a  further  exposition  of  its  anal- 
ogy to  the  case  before  them;  and  defended  the  course  of  these  offi- 
cers now  claiming  promotion,  who  had  left  the  American  for  the 
Texan  service.  He  urged  the  passage  of  this  bill  for  the  relief  of 
the  Texan  officer  as  an  act  of  justice  to  Texas,  and  in  fulfilment 
of  what  had  always  been  understood  by  the  government  and  peo- 
ple of  Texas  a  solemn  compact  on  tho  ])art  of  the  United  States. 
[Mr.  Rusk  then  handed  to  the  Senator  a  copy  of  the  message  of 
tho  governor,  and  the  resolutions  of  the  legislature,  affirming  and 
sustaining  the  act  of  incorporation  of  the  navy  officers  of  Texas 
into  the  American  service,  which  was  read.] 

Mr.  NILES  did  not  take  much  interest  in  the  bill,  inasmuch  as 
ho  did  not  like  the  title  of  it.  He  felt  somewhat  alarmed  at  tho 
views  thrown  out  in  the  course  of  the  discussion,  for  although  they 
had  just  got  through  with  a  treaty  tho  other  day,  putting  an  end 
to  a  war  that  had  been  carried  on  for  some  time,  yet  here  was  a 
bill  before  them  for  the  increase  of  the  navy,  looking  to  another 
war — a  maritinc  war.  The  Senator  from  Massachusetts  thought 
our  present  navy  insufficient,  although  its  expenditures  had  been 
increasing  through  the  agency  of  a  thousand  sinister  iiilluences, 
within  a  few  years,  from  four  millions  up  to  eleven  millions.  We 
had  had  a  set  speech  from  the  Senator  from  Massachusetts,  who 
had  hitherto  been  advocating  peace  for  years,  and  with  whom  he, 
[Mr.  NiLES,]  had  been  fully  cooperating  in  that  advocacy.  Now, 
if  there  was  to  be  a  war — a  maritine  war — and  he  did  not  know 
but  that  there  was  some  intention  of  it — it  must  be  an  ag- 
gressive war.  Surely,  there  was  no  nation  who  could  make 
war  upon  us.  The  gentleman  from  Massachusetts  was  looking 
to  a  different  state  of  things  from  that  of  peace;  but  he,  [Mr. 
NiLES,]  would  inquire  if  we  could  not,  for  a  brief  season  at  least, 
have  a  little  repose  upon  this  subject  of  war.  The  public  mind 
needed  repose;  but  if  gentlemen  wore  to  stand  up  and  advocate 
an  increase  of  the  navy,  because  of  a  supposed  maritine  war,  the 
people  of  the  whole  country  would  become  alarmed;  they  would 
think  there  was  something  in  it. 

Mr.  DAVIS,  of  Massachusetts,  disclaimed  any  intention  of  in- 
creasing the  navy  for  the  purpose  of  having  a  maritime  war,  or 
alarming  the  country.  His  purpose  was  simply  to  keep  out  of 
war  by  making  suitable  preparations,  so  that  other  nations  would 
be  more  inclined  to  respect  our  rights,  seeing  we  were  fully  pre- 
pared to  maintain  them. 

No  amendment  being  made,  the  bill  was  reported  to  the  Senate. 

On  the  question,  "  Shall  this  bill  be  engrossed  and  read  a  third 
time  ?"  Mr.  Hale  demanded  the  yeas  and  nays,  which  were  or- 
dered, and  it  was  determined  in  the  negative,  as  follows  : 

YEAS.— Messrs,  Atchison.  liorL-imi,  Butler,  '"allioun,  Cameron.  Dickinson. 
Downs,  Foole,  Hannejan.  Houston,  Jolnison,  ol'Ga.,  Lewis,  Rusk.  Sebastian,  Stur- 
geon, VVestcott,  and  Yulee— 17.  „  ,.    „      .        „  „     ■        , 

NAYS.— Messrs.  Atherton.  BaJger.  BaWwin,  Bell,  Berrien.  Corwin.  Davis,  or 
Massachusetts,  Davton,Dix,  Felch.  ?il7.getalil,  Ureene,  Hale,  llnmlm.  Johnson,  of 
Ma.,  Johnson,  of'Ba.,  Mason,  Metcalfe,  Miller,  Niles,  Pearce,  I'helps,  Spruance, 
Turney,  Underwood,  and  Uphain — '-2. 

So, 
The  bill  was  rejected. 

On  motion, 
The  Senate  adjourned. 


870 


THE  OREGON  BILL. 


[Tuesday, 


WEDNESDAY,  JULY  12,  1848. 


INDIAN  APPKOPKIATION  BILL. 

Mr.  ATHERTON,  from  the  Committee  on  Finance,  to  whom 
were  referred  the  amendments  of  the  Senate,  amended  and  dl^^a• 
greed  to  by  the  House  of  Representatives,  to  the  hill  makmir  ap- 
propriations for  the  current  and  contingent  expenses  of  the  Indian 
department,  and  fur  fulfillin;^  treaty  stipulations  with  the  various 
Indian  tribes  /or  the  year  ending  June  30,  1849,  reported 
thereon. 

The  Senate  proceeded  to  consider   their  said  amendments  ;  and 
On  motion  by  Mr.  ATHERTON,  it  was  '  ''"'  ■•  ■  ■ 

Rcsolned,  That  th«y  insist  on  their  lllli  amenrlnient,  clisasrpeil  to  by  tlife  House  at 
Representatives;  disagree  to  llie  ameuilnieiil  of  tlie  lloii«  to  tlie  lOth  amenctmeiil, 
and  ask  a  conference  on  tlie  disagreeing  votes  ol"  tlie  two  Houses. 

:,  On  motion,  it  was  ,i:     ' 

Ordered,  That  the  Committee  of  Conference  be  appointed  by 
the  Vice  President  ;  and 

Mr.  Atherton,  Mr.  Badgkr,  and  Mr.  Atchison,  were  ap- 
pointed. 

Ordered,  That  the  Secretary  notify  ths  House  of  Representa- 
tives accordingly. 

Fremont's  geographical  memoir. 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  the  Secretary  direct  the  public  printers  to  cover 
the  extra  copies  furnished  the  Senate  of  document  number  148, 
(Geographical  Memoir  upon  Upper  California,  Stc,  by  J.  C.  Fre- 
mont, Esq.,)  with  strong  colored  paper. 

MOFF.IT'g  INDEX. 

Mr.  HANNEGAN  submitted  the  following  resolution;  which 
was  considered  by  unanimous  consent  and  agreed  to. 

Reso'oed,  Tiiat  tlie  Conimittee  on  tlie  Library  be  instructed  to  ini|uite  into  tlie  ex- 
pediency  of  procuriug  for  tlie  use  of  tbe  Senate,  MotVat's  Index  to  the  Natiouui  In- 
telligencer, from  the  year  ISlOto  tbe  year  182U,  inclusive. 

MESSAGE    FKOM    THE    PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary  : 

To  the  Senate  of  the  United  States  : 

In  compliance  with  a  resolution  of  the  Senate  of  tbe '21st  .lime,  1M48,  I  berewilh 
communicate  to  tbe  Senate  a  report  of  the  Secretary  of  War,  with  the  acconipaiiyiiig 
documents,  containing  the  proceeilings  of  the  Court  of  Intjuiiy  which  convened  at 
Sallillo,  .Me.\ico.  June  12tb,  1848,  and  which  was  instituted  tor  the  purpose  of  oblaiu- 
ing  full  information  In  reliition  to  an  alleged  mutiny  in  tbe  camp  of  Buena  Vista, 
Me.\ico,  on  or  about  the  15th  of  August,  1847. 

JAMES  K.  POLK. 

Washington.  June  12.  1848. 

The  message  having  been  read;  it  was 
Ordered,  That  it  be  printed. 

COLLECTION    DISTRICT    IN    NEW    YORK. 

Mr.  DIX,  from  the  Committee  on  Commerce,  to  whom  was  re- 
ferred the  bill  to  establish  a  collection  district  in  the  State  of  New 
York,  reported  it  with  an  amendment. 

PRIVATE    BILL. 

Mr.  SEBASTIAN,  from  the  Committee  on  Private  Land 
Claims,  to  whom  was  referred  a  petition  of  Joseph  P.  Williams, 
reported  a  bill  for  his  relief;  which  was  read  and  passed  to  the 
second  reading. 

Mr.  BALDWIN,  from  the  Committee  of  Claims,  to  whom  was 
referred  the  bill  for  the  relief  of  Elislia  F.  Richards,  reported  it 
with  an  amendment,  and  submitted  a  report  on  the  subject,  which 
was  ordered  to  bo  printed. 

Mr.  FELCH,  from  the  Committee  on  Pensions,  to  whom  was 
referred'tbe  memorial  of  the  heirs  of  Judith  Worthen,  deceased, 
submitted  a  report,  accompanied  by  a  bill,  for  their  relief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 

VIRGINIA    MILITARY    CLAIMS. 

Mr.  UNDERWOOD,  from  the  Committee  on  Public  Lands, 
to  whom  was  referred  the  bill  to  provide  for  the  unpaid  claims  of 
the  officers  and  soldiers  of  the  Virginia  State  and  Continental 
lines  of  the  revolutionary  army,  reported  it  with  an  amendment, 
»nd  submitted  a  report,  which  was  ordered  to  be  printed,  j 


UNITED    STATES    ST-ATtJTEB    AT    LARGE. 

Mr.  CLAYTON,  by  unanimous  consent,  asked  and  obtained 
leave  to  bring  in  a  joint  resolution  concerning  the  distribution  of 
the  statutes  at  largo,  which  was  read  the  first  and  second  limes, 
by  unanimous  consent,  and  considered  as  in  Committee  of  the 
Whole;  and  no  ameniiinent  being  made,  it  was  reported  to  the 
Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  resolution  was  read  a  third  time. 

liesoleed.  That  it  pass,  and  that  tbe  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

LIQtIIDATED    CLAIMS    AG.AINST    MEXICO. 

The  bill  for  the  payment  of  liquidated  claims  against  Mexico 
was  read  the  second  time,  and  considered  as  in  Committee  of  the 
Whole;  and  no  amendment  being  made,  it  was  ri-porlud  to  the 
Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

Resolced,  That  this  bill  pass,  and  that  the  title  thereof  be  as  aforeaaid. 

Ordered,  That  the  Secretary  request  tlie  concurrence  of  tha 
House  of  Representatives  in  this  bill. 

THE    FLORID.A.    TREATY. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  tho 
Whole,  the  hill  further  to  carry  into  cllcct  the  provisions  and  stip- 
ulations of  the  9th  article  of  the  Florida  treaty,  with  respect  to 
certain  losses  of  Spanish  subjects  in  West  Florida  ;  and,  having 
been  amended,  it  was  reported  to  the  Senate. 

Ordered,  That  it  be   engrossed  and  read  a  third  time. 

The  said  bills  were  read  a  third  time. 

Resolved,  That  Ibis  bill  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

MESSAGE    FROM    THE    PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States, ly  Mr.  Walker,  his  Secretary  : 

Mr.  President:  Tbe  President  of  the  Tnited  Stales  lias  approved  and  sii'ned,  Ihe 
lUth  instant,  an  act  lo  extend  tbe  provisions  of  existing  jiension  laws  to  enlisted  men 
of  tbe  ordnance  corps  of  the  United  States  army. 

THE    TEXAS    NAVY. 

Mr.  TURNEY  moved  that  the  vote  of  yesterday,  in  ordering 
the  bill  "  to  amhori-/^c  tWe.  President  to  increase  the  naval  est 'b- 
lishment  of  the  United  States,"  to  be  engrossed  and  read  a  third 
time,  be  reconsidered  ;  and. 

On  motion  by  Mr.  RUSK,  it  was 

Ordered,  That  the  motion  lie  on  the  table. 

THE    OREGON    BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  tho  bill  to  establish  the  territorial  government  of  Or- 
egon. 

Mr.  DAVIS,  of  Mississippi. — Shall  jealousy,  discord,  and  dissen- 
sion, shall  political  strife,  for  sectional  supremacy,  be  permitted 
to  undermine  the  foundation  of  our  republican  fabric  ?  Shall  an 
interference  with  tho  domestic  affairs  of  the  people  in  one  portion 
of  our  Union,  wounding  to  their  pride  and  sensibility,  and  unwar- 
rmted  by  ihc  compact  of  confederation,  be  jiressed,  to  the  destruc- 
tion of  that  fraternal  feeling  and  mutual  conlidencc,  on  which  alone 
can  our  institutions  securely  i-cpnse  ?  Shall  a  discrimination  against 
one  scotiiin  of  the  confederacy,  the  palpable  object  nl  which  is  to- 
tally to  dcstrov  pnlilical  equality,  be  sanctioned  by  the  common 
agent  of  the  States,  and  receive  here  an  impulse  to  hasten  its  pro- 
gress, to  the  inevitable  goal  of  such  a  principle — the  disunion  ol  the 
States? 

These,  and  such  as  these,  are  the  grave,  the  melancholy  ques- 
tions which  arise  from  the  consideration  of  this  bill  and  the  char- 
acter of  the  discussion  we  have  heard  upon  it.  Happy,  thrice  hap- 
py, will  it  be  if  tho  answers  to  these  questions  shall  be  given  by  a 
lofty  patriotism  and  enlightened  statesmanship,  which,  disregard- 
ing the  passions  of  the  hour,  look  to  tho  general  welfare  and  the 
jiermanent  good.  But,  if  personal  considerations  govern  our  ac- 
tions, if  each  Senator  reflects  the  prejudice  and  extreme  opinion 
which  may  exist  in  the  section  lie  represents,  then  it  may  be  (>ur 
lot  to  witness  tho  fultillment  of  tho  foreboding  fear  of  Mr.  Jefl'er- 


July 


m 


TiiE 


OR 


EGON  BILL. 


871 


son.  when  such  afritatlon  as  that  which  surroiimls  ns  paused  him  to 
express  the  apprehension,  that  tho  sacrifices  of  the  ijeneration  of 
177fS  had  heon  made  in  vain. 

Dee|ily  impressed  with  tlie  ffravity  and  importance  of  the  snb- 
jccj,  I  shall  otfer  my  opinions  dispassionately  and  candidly,  briefly 
and  decidedly,  as  the  occasion  requires  and  ray  deop-rootcd  love  of 
the  Union  demands. 

I  consider  the  12th  section  of  this  hill,  to  establish  a  territorial 
government  in  Orcson,  to  ho  practically  the  abolition  of  slavery  in 
said  territory  by  the  eovernment  of  the  United  States  ;  and  seeing 
no  adequate  disposition  to  strike  that  section  out  of  tho  hill,  I  in" 
troduced  the  amendment  now  under  consideration.  To  this  I  was 
prompted  by  a  sense  of  duty  to  myself,  of  duty  to  those  whom  I 
have  the  honor  to  represent,  ofoblifjation  to  the  principles  avowed 
as  the  basis  of  my  political  creed,  and  which  are  the  cardinal 
points  by  which  my  political  eour.'c  must  be  directed.  This  amend- 
ment has  received  an  interpretation  which  its  lancua^e  in  no  de- 
gree justilics.  To  this  misconstruction  I  will  lirst  call  attention, 
as  upon  it  rests  a  position,  assumed  in  several  quarters,  which  it 
is  important  to  combat.  Senators  have  treated  this  amendment 
as  a  proposition  to  force  slavery  into  the  territory  of  Oregon.  Sir, 
I  had  no  such  purpose,  no  such  desire  ;  and,  surely,  the  most  in- 
genious  must  fail  to  extract  any  such  intent  from  its  letter.  It  is 
but  a  distinct  avowal  of  the  ground  uniformly  maintained  by  all 
statesmen  of  the  strict  construction  school,  and  a<lhercd  toby 
southern  men  generally  throughout  the  entire  period  of  our  con- 
federate existence.  Its  direct  aim  is  to  restrain  the  federal  gov- 
ernment from  tho  exercise  of  a  power  not  delegated,  its  ultimate 
elTect  to  protect  those  rights  which  have  .been  guarantied  by  the 
federal  constitution.     Tho  amendment  is  in  these  words  : 

'•Tliat  nntliins  conlaiiie'i  in  (tiis  act  .-iiiali  be  so  construed  as  to  antliorize  llie  pro- 
hibition of  domest'c  slavery  in  said  lerrito-y  wliilst  it  remains  in  the  condition  ol'a 
territory  of  Uie  tJnited  Slates." 

There  is  nothing  directory,  or  enactive,  or  proposed  for  enact- 
ment. It  is  restrictive,  and  directe<l  against  a  prohibition  which 
is  covertly  contained  in  tho  bill.  Though  it  is  not  expressly  de- 
clared that  slavery  shall  bo  |jrohibitcd  in  Oregon,  this  would  be 
virtually  enacted  by  the  l^lh  section  of  the  bill  which  gives  valid- 
ity and  operation  to  the  laws  enacted  by  the  "  provisional  govern- 
ment established  by  tho  people"  who  inhabit  that  territory.  It  is 
known  that  one  of  the  laws  passed  by  the  people  of  Oregon  pro- 
hibits slavery.  To  give  validity  to  those  laws  is  therefore  equiva- 
lent to  the  passage  of  a  law  by  Congress  to  prolrbit  slavery  in 
that  territory.     Does  Congress  possess  such  power  ? 

II  the  right  to  migrate  with  their  property  to  territory  belong- 
ing to  the  United  Slates  attaches  equally  to  all  their  citizens  ;  and 
if,  as  I  have  been  credibly  informerl,  citizens  have  migrated  with 
their  slaves  into  Oregon,  to  pass  the  bill  before  us  without  amend- 
ment would  bo  abolition  of  slavery  by  the  federal  government. 
Entertaining  this  opinion  I  submitted  an  amendment  to  meet  the 
case  distinctly  and  singly.  Now,  forthe  first  time  in  our  history,  has 
Congress,  without  the  color  of  compact  or  compromise,  claimed 
to  discriminate  in  the  settlement  of  territories  against  the  citizens 
of  one  portion  of  the  Union  and  in  favor  of  another.  This,  taken 
in  connection  with  all  which  is  passing  around  us,  must  excite  tho 
attention  of  Senators  to  the  fact,  and  forces  on  my  mind  the  con- 
clusion that  herein  is  sought  to  be  established  a  precedent  for  fu- 
ture use.  Here  upon  the  threshhidd  we  must  resist,  or  forever 
abandon,  the  claim  to  e(|uality  of  right,  and  consent  to  be  a  mark- 
e<I  caste,  doomed,  in  the  progress  of  national  growth,  to  be  dwarf- 
ed into  helplessness  and  political  dependence.  As  equals  the 
States  came  into  the  Union,  and,  by  the  articles  of  ronfedcration, 
equal  rights,  privileges,  and  immunities  were  secured  to  the  citi- 
zens of  each  ;  yet,  fu'  asserting  in  this  case  that  the  federal  gov- 
ernment shall  not  authorize  the  destruction  of  such  erpiality,  we 
have  been  accused  of  wishing  to  claim  for  the  citizens  of  the  south- 
ern States  unusual  rights  under  the  constitution.  This  accusation 
comes  badly  from  those  who  insist  on  provisions  for  exclusion,  and 
cannot  find  its  application  to  a  demand  that  nothing  shall  be  done  to 
aficct  the  constitutional  relations  of  citizens  or  the  constitutional 
rights  of  property.  We  do  not  ask  of  the  federal  government  to  grant 
new  privileges,  but  to  forbear  from  interfei  log  with  existing  rights; 
rights  which  existed  anterior  to  the  formation  of  the  constitution, 
which  were  recognized  in  that  instrument,  and  which  it  is  made 
the  duty  of  the  federal  government,  as  tho  agent  of  our  Union,  to 
protect  and  defend. 

Such  obligations  as  belong  to  other  species  of  property,  nor 
mote  nor  less,  we  claim  as  due  to  our  property  in  slaves.  Nor 
r'an  this  claim  be  denied  without  tienying  the  |*roperty-riglit  to 
which  it  attaches.  This,  it  has  been  contended,  is  the  creation  of 
local  law,  and  docs  not  extend  beyond  the  limits  for  which  such 
laws  were  made,  and,  with  an  air  of  concession,  we  are  told  that 
It  is  not  proposed  to  interfere  with  slavery  as  it  exists  in  the  States, 
because  the  constitution  secures  it  there.  Before  the  formation 
of  our  confederacy  slavery  existed  in  the  colonics,  now  the  States 
of  the  Union  ;  and  but  for  the  Union  of  the  Slates,  would  have  no 
legal  recognition  beyond  the  limits  of  the  territory  of  each.  But 
when  the  fdthers  of  the  republic  had  achieved  its  independence, 
they  sought  to  draw  closer  the  bonds  of  union,  and  to  remove  all 
cause  for  discord  and  contention.  For  this  holy  purpose,  they  met 
in  council,  and  formed  the  constitution  under  which  we  live.  This 
compact  of  union  changed  the  relation  of  the  States  to  each  other 
in  many  important  particulars,  and  gave  to  property  and  inter- 
course a  national  character.  Property  in  persons  held  to  service 
was  recognized  ;  in  various  and  distinct  forms  it  became  property 
under  the  constitution  of  the  United  States,  was  made  co-exlen- 


sivo  with  the  supremacy  of  the  federal  laws,  its  existence  subject 
only  to  the  legislation  of  sovereign  States  possessing  powers  not 
drawn  from,  bnt  above,  the  constitution.  Thns  provision  was 
made  for  the  recovery  of  fugitive  slaves,  and  the  question  of  right 
to  such  property  as  absolutely  precluded,  as  the  guilt  or  inno- 
cence of  one  charged  with  •'  treason,  felony,  or  other  crime."  In 
both  eases  it  is  made  the  duty  of  the  State  authorities  to  deliver 
up  the  fugitive  on  demand  of  the  State  from  which  the  felon  fled 
in  the  one  case,  and  of  the  person  to  whom  the  service  is  duo  in 
the  other. 

I5y  the  2d  section  of  the  fourth  article  of  the  constitution,  it  is 
provided  thr.t — 

"A  |ier<on  cliarjed  in  any  .Stale  with  treason,  felony,  or  other  crime,  who  shall  flee 
l^«rn  jnsliee,  and  be  fonnd  in  anotlier  State,  slinll.  on  demand  of  the  executive  an- 
llionly  of  llie  State  from  which  he  fled,  be  delivered  u|»,  to  be  removed  Ui  (he  8tat« 
ha  vin;t  jurisdiction  of  the  crime.'* 

"  Nn  person  held  to  service  or  laljor  in  one  Stale,  under  the  laws  thereof,  escapinj; 
into  another,  sliall.  in  touseqiienceof  any  law  or  re^jnlation  llierein.  he  discharf^ed  from  ' 
siieli  service  or  labor,  but  shall  be  delivered  np  on  claim  of  the  parly  to  whom  sucb 
service  or  labor  may  he  due." 

Thus  was  the  property  recognized,  and  the  duty  to  surrender  it 
to  the  claimant  mailo  ns  imperative  as  in  the  case  of  fugitives 
from  Stale  authority  and  law. 

This  property  was  further  recognized  by  including  it  in  provis- 
ions which  are  only  to  be  drawn  from  the  power  to  regulnle  com- 
merce. Hy  the  ninth  seclioii  of  the  1st  article  of  the  constitution, 
it  is  provided  that — 

"  The  migration  or  imiwrtation  of  such  persons  ax  any  of  tJie  Slates  now  exUtini; 
shall  lliiuK  tiroper  to  admit,  shall  not  be  prohibited  by  the  Congress  prior  to  the  year 
one  tbouLand  eiyht  hundreil  and  eight,  but  a  tax  or  duty  may  be  imposed  on  such  im- 
jiortation,  not  exceedin;,-  ten  dollars  tor  each  person." 

Could  there  be  a  inore  distinct  recognition  of  the  property  right 
in  slaves  ?  Here  is  not  only  a  permission  to  import,  but  a  duty  to 
be  laid  upon  them  as  a  subject  of  commerce.  The  fact  that  an 
exception  was  made  against  the  entire  control  of  such  importation 
by  Congress,  is  conclusive  that  but  for  such  exceptions,  it  would 
have  been  embraced  in  the  general  grant  of  power  to  the  federal 
gnveriiment  to  regulate  commerce.  If  the  framers  of  the  consti- 
tution had  intended  to  recngiiizc  no  other  than  the  right  to  recap- 
ture fugitives — if  they  had  denied  the  existence  of  property  in 
jiersons,  they  surely  would  not  have  used  tho  word  importation, 
as  found  in  the  clause  of  the  constitution  just  cited,  in  further 
support  of  this  opinion,  I  would  refer  to  the  fact  that  the  excep- 
tion was  so  strictly  construed,  that  laws  prohibiting  such  impor- 
tation into  terrilories  not  included  in  the  exception  wore  enacted. 
I  was,  therefore,  surprised  that  the  Senator  from  New  York  should 
have  cited  as  a  proof  of  the  power  of  the  federal  government  to 
legislate  on  the  subject  of  slavery  in  tho  territories,  the  law  to 
prohibit  the  importation  of  Africans  into  the  Mississippi  territory 
before  the  year  1808.  That  territory  was  not  included  in  tho  ex- 
ception which  lestrained  the  federal  government  from  prohibiting 
the  importation  of  slaves  bclorC  ISOS;  therefore  it  was  exercised 
under  the  general  power  over  the  subject  as  a  matter  of  commerce- 
Upon  this  power  over  commerce,  and  upon  tho  property  nature  of 
the  persons  so  considered,  must  rest  all  our  laws  for  the  abolition 
of  tho  foreign  slave  trade.  To  deny  this  general  basis,  would 
draw  after  it  the  sequence  that  all  our  laws  upon  that  subject 
were  enacted  without  any  grant  of  authority,  and  were  therefore 
unconstitutional.  Nor  is  it  thus  alone  that  this  property  in  per- 
sons has  been  recognized.  During  tho  rcvrrlution,  and  by  the  men 
who  framed  our  declaration  of  independence,  throughoiii  all  tho 
States  of  the  conl'ederaey,  the  propriety  of  refusing  liberty  lo  a 
certain  caste  of  persons  was  admitted,  and  in  the  earliest  legisla- 
tion under  the  constitution,  those  to  whom  the  services  of  such 
persons  were  due  were  denominated  their  '•  owners." 

In  the  treaty  of  peace  which  closed  the  war  of  our  revolution, 
the  phrase  "  negroes,  or  other  property,"  shows  the  position  as- 
sumed upon  our  side,  as  well  as  tho  admission  made  by  Great  Bri- 
tain that  the  persons  so  referred  to  were  rceogoized  in  their  cha- 
racter as  properly.  Again,  in  1815,  after  the  adoption  ol  the  con- 
stitution,  the  same  construction  was  explicitly  ailmitted  in  the 
treaty  of  Ghent,  in  the  first  article  of  which  we  find  the  expression, 
'■  any  slaves,  or  other  private  property."  With  what  propriety — 
with  what  fairness  can  it  now  he  assumed  that  that  which  we  have 
called  property,  and  negotiated  upon  as  such  in  our  diplomatic  re- 
lations and  international  acts  from  the  birth  of  tho  republic  down 
to  ISI.i,  has  no  existence  among  the  States  of  the  Union — no  claim 
to  recognition  or  protection  beyond  the  limits  of  the  States  where 
it  is  ordained  and  sustained  by  local  law.  The  constitution  reeog- 
nized  slavery — by  it  the  federal  government  was  constituted  the 
agent  of  the'States— entrusted  with  the  power  of  regulating  com- 
nierce  with  the  Stales,  and  with  the  conduct  of  all  foreign  rela- 
tions. In  the  discharge  of  its  appropriate  functions,  the  federal 
government,  as  shown  above,  has  maintained  this  property  right 
against  a  foreign  power,  and  it  is  equally  bound  to  defend  it, 
within  the  limits  of  federal  jurisdiction,  against  any  enet;oachment 
upon  its  security  and  use,  as  guarantied  by  the  constitution. 

To  those  who  argue  against  this  extension  of  the  property  in 
slaves  bevond  the  limits  of  the  States  which  they  inhabii,  as  an  un- 
equal obligation  or  unusual  right,  I  will  render  the  admission,  that 
but  for  the  constitution,  the  fight  to  property  in  slaves  could  not 
have  extended  bevond  the  States  which  pos,sessed  them.  But  gen- 
tlemen should  recollect  that  all  the  territory  northwest  of  the  river 
Ohio,  from  which  five  non-slaveholding  States  have  been  carved, 
was  originally  the  property  of  Virginia,  and  but  lor  the  compact 
of  our  Union,  the  institutions  of  that  State  would  have  been  ex- 


872 


THE  OREGON  lilLL. 


[Wednesday 


tended  over  it.  This  territory,  tbus  interposed  between  tie  north- 
ern Atlantic  States  and  the  vast  region  which  has  been  acquired 
west  of  the  Mississippi,  must  have  prevented  those  Stales  from 
all  such  acquisition.  How,  under  this  contingency,  woubl  have 
been  the  relative  size  of  the  slave  and  non-slaveholiiinir  territory  ? 
The  answer  to  this  inquiry  should  silence  complaint  of  advantages 
accruin"  to  the  South  from  the  guarantees  of  the  constilnlion. 

To  avoid  the  possibility  of  misconstruction,  I  repeat  that  we  do 
not  seek  to  establish  slavery  upon  a  new  basis;  we  claim  no  such 
power  for  the  federal  government.  We  equally  deny  the  right  to 
establish  as  to  abolish  slavery.  We  only  ask  that  those  lights  of 
property  which  existed  before  the  constitution,  and  which  were 
guarantied  by  it,  shall  be  protected.  If  it  can  bo  shown  that  the 
southern  Stales  would,  as  independent  sovereignties,  have  pos- 
sessed no  right  of  extension,  or  that  the  right  of  territorial  acquisi- 
tion was  transferred  to  the  federal  government,  subject  to  the  con- 
dition that  it  should  be  used  for  the  benefit  of  the  northern  States 
exclusively,  then  we  will  have  what  has  not  yet  been  presented,  a 
foundation  for  the  assumption  that  from  all  territory  thus  acquired, 
slavery  or  involuntary  servitude  should  be  forever  excluded.  Sec- 
tional rivalry,  stimulated  by  the  desire  for  political  aggrandize- 
ment, party"zeal,  local  jealousy,  and  fanaticism,  maddt-iied  by  re- 
cent success,  have  each  brought  their  contribution  to  the  mass  of 
assertion,  which  has  been  heaped  upon  the  claim  of  the  South,  to 
an  equal  participation  with  the  North  in  the  cnioymcnl  of  the  ter- 
ritory belonging  in  common  to  the  States.  But  assertion  is  not 
proof,  abuse  is  not  demonstration;  and  that  claim  sustained  by 
justice,  and  supported  by  the  staff  of  truth,  stands  yet  unbeut  fe- 
neath  the  mountain  of  error  which  has  been  accumulated  upon  it. 

The  varions  modes  which  have  been  proposed  to  exclude  slave- 
holders from  entering  territory  of  the  United  States  with  their  pro- 
perty, may  be  referred  to  three  sources  of  power:  the  federal  go- 
vernment, the  territorial  inhabitants,  and  the  law  of  the  land  ante- 
rior to  its  acquisition  by  the  United  States. 

The  federal  government  can  have  no  other  powers  than  those 
derived  from  the  constitution.  It  is  the  agent  of  the  States,  has 
no  other  authority  than  that  which  has  been  delegated,  cannot  by 
the  character  ol  "its  creation  and  the  nature  of  its  being  have  any 
inherent,  independent  power.  To  the  constitution  as  the  letter  of 
authority  for  this  federal  agent,  we  must  look  for  every  grant  of 
power.  All  which  is  not  given  is  withheld,  all  which  is  prohibited 
is  doubly  barred.  It  is  not  to  be  supposed  that  the  sovereign 
Stales  when  forming  a  compact  of  Union  would  confer  upon  the 
agent  of  such  compact  a  power  to  control  the  destiny  of  the  States, 
nor  is  it  in  keeping  with  the  avowed  objects,  "to  insure  domestic 
tranquility,  provide  for  the  common  defence,  and  promote  the  ge- 
neral welfare."  that  it  should  be  used  to  disturb  the  balance  of 
power  among  the  States.  Were  one  portion  of  the  Union  to  in- 
crease whilst  the  other  remained  .':tatiunary,  the  result  would  be 
reached  in  the  course  of  years  which  led  to  the  war  of  our  revolu- 
tion, and  the  separation  of  tlif"  colonies  from  the  mother  country. 
What  would  it  profit  a  minority  to  have  representatives  in  Con- 
gress, if  opposed  to  amajority  of  mastering  strength,  and  of  will, 
as  well  as  power  to  sweep  away  all  the  protecting  barriers  of  the 
constitution.  It  was  not  for  representation  in  Parliament,  that 
the  fathers  of  our  republic  dissolved  the  political  bands  which  con- 
nected them  with  the  parent  government  ;  but  to  maintain  the 
freedom  and  equality  which  could  not  be  secured  by  a  hopeless 
minority  in  common  legislation;  to  defend  their  inalienable  rights 
from  aggression  by  those  who  were  irresponsible  to  them,  that 
they  pledged  their  lives,  their  fortunes,  and  their  sacred  honor.  To 
such  men  it  was  of  paramount  importance  in  forming  a  general 
government  to  guard  against  interference  with  domestic  institu- 
tions, and  to  preserve  such  equality  among  the  ditlerent  sect  ons 
and  interests,  as  would  secure  each  from  aj/gression  by  the  others. 
This  purpose  is  deeply  craven  on  tiie  constitution,  pervades  it  as 
a  general  spirit,  and  appears  both  in  its  grams  and  prohibitions. 
Thence  arose  the  diflerent  basis  of  representation  in  the  two 
Houses  of  Congress,  thence  the  P'.xecutive  veto,  the  limitations  on 
the  power  to  regulate  commerce  among  the  States,  the  prohibi- 
tion against  interference  with  private  property,  against  discrimi- 
nation in  favor  of  one  port  over  another,  the  partial  representa- 
tion of  persons  held  to  service,  and  the  many  other  provisions 
which  will  occur  to  Senators,  illustrative  of  the  design  to  preserve 
such  equality,  as  is  necessary  to  prosperity,  to  harmony,  to  union 
among  sovereigns. 

The  right  of  the  federal  government  to  Icgi-slatc  for  the  territo- 
ries has  been  claimed  from  two  sources  of  power,  the  grant  to 
Congress  "to  dispose  of,  and  make  all  needful  rules  and  regula- 
tions respecting  the  territory  or  other  property  belonging  to  the 
United  States,"  and  as  a  power  necessarily  incident  to  the  right 
to  acquire  territory.  The  power  drawn  from  the  first  mentioned 
source  is  plainly  a  power  over  the  territory  as  pulilic  land  the;  ex- 
pression "territory  or  other  property"  shows  the  idea  too  distinctly 
to  require  elucidation.  The  territory  belonging  to  the  United 
States  at  the  formation  of  the  constitution  was  such  as  had  been 
ceded  by  particular  States  as  a  common  fund  of  the  Union  The 
federal  government  as  agent  of  the  States  was  charged  with  the 
disposal  of  the  public  domain,  under  the  needful  rules  and  regula- 
tions which  Congress  were  authorized  to  make.  The  source  from 
which  this  addition  to  the  common  slock  was  derived,  the  object 
for  which  it  was  given,  the  conditions  of  the  cession,  all  unite 
with  the  general  provisions  of  the  constitution  to  forbid  the  idea  of 
a  transfer  of  absolute  jiowers  of  legislation,  or  the  existence  of  a 
power  in  the  federal  government  to  make  laws  for  the  territory 
which  would  allect  the  political  rights  or  iutercsls  of  the  States. 


The  laws  of  Congress  in  relation  to  territory  belonging  to  tha 
United  States  must  be  "needful"  to  execute  the  trust  conveyed  by 
the  States;  and  none  of  the  grants  of  the  constitution  are  to  be  so 
•  construed  as  to  prejudice  the  rights  of  the  United  States  or  of  any 
particular  Stale."  To  promote  the  saie  o(  the  public  land  where 
no  settled  government  exists,  it  may  be  claimed  as  an  incident  to 
the  power  to  dispose  of  such  property,  that  Congress  should  pro- 
vide for  courts  and  such  government  generally,  as  will  give  secu- 
rity to  settlers,  and  certainty  to  titles  in  the  region  to  which  we 
invite  emigration. 

Thus  far  the  powers  of  a  trustee  may  properly  extend;  thus  far 
the  agent  may  go  in  good  faith  to  those  for  whom  he  acts  ;  the 
sovereignty  still  remaining,  where  alone  it  can  reside,  in  the  States 
to  whom  the  territory  belongs.  It  will  probably  not  be  contended 
that  to  exclude  a  portion  of  our  citizens,  or  to  prohibit  a  certain 
kind  of  property,  is  a  "needful  regulation"  for  the  disposal  of  pub- 
lie  lands  ;  certainly  such  a  position  could  not  be  maintained,  and 
those  who  conte.d  lor  the  power  of  Congress  to  prohibit  slavery 
in  the  territories,  have  usually  relied  upon  the  second  source  of 
power,  the  right  of  acquisition. 

Before  considering  how  much  may  be  derived  from  that  right,  it 
might  have  been  well  to  examine  into  its  existence,  and  inquire  to 
whom  its  benetits  attach.  The  power  to  admit  new  States  into 
the  Union  was  conferred  by  the  constitution  ;  but  not  to  acquire 
territory  as  such.  The  fonncr  was  a  power  properly  conferred 
upon  a  confederation  which  looked  to  the  addition  of  new  mem- 
bers ;  the  latter  belongs  to  sovereignty,  and  can  be  possessed  by 
nothini  less.  The  right  to  acquire  belonged  to  the  States  as  an 
inherent  right  of  independent  existence,  one  which  attaches  to  all 
bodies  animate  and  inanimate.  Stones  gather  accretions,  vegeta- 
bles colled  increments,  animals  assimilate  food  and  incorporate  it 
with  their  bodies;  by  like  operation  of  this  general  law,  the  States 
as  independent  sovereignties  had  a  right  to  acquire.  But  the 
means  of  acquisition,  the  war  and  the  treaty  making  powers,  were 
entrusted  to  the  federal  government.  The  right  to  acquire  was 
not  delegated,  save  as  the  means  were  to  be  used  by  the  federal 
Government,  and  therefore  the  acquisition  must  enure  to  the  bene- 
fit of  the  States  in  whose  right  alone  it  could  be  made.  The  pow- 
er to  govern  as  an  absolute,  ultimate  authority  remains  in  the 
States,  and  their  agent  can  only  exercise  so  much  of  that  power 
as  has  been  granted.  Our  legislation  for  the  territory  must,  if  this 
view  be  correct,  be  drawn  from  the  specific  grants,  and  be  subject 
to  all  the  limitations  and  prohibitions  imposed  on  them  by  the  con- 
stitution. The  rule  that  the  right  to  acquire  carries  with  it  the 
right  to  govern,  receives  a  modifiation  in  its  application  to  the 
federal  government,  in  this,  that  it  acquires  as  agent  for  the  States, 
by  the  blood  or  common  treasure  of  the  States,  or  as  in  past  cases 
by  a  cession  for  the  common  benefit  of  the  States,  and  can  there- 
fore only  covern  as  authorized  by  the  sovereign  owners  of  the  ter. 
ritory.  The  question  then  is  reduced  to  this  :  has  the  federal  go- 
vernment, under  the  grants  of  the  constitution,  power  to  prohibit 
"slavery"  in  the  territories  of  the  United  States?  The  right  to 
property  in  slaves  being  recognized  by  the  constitution,  this  ques- 
tion is  convertible  into  another  :  has  the  general  government  the 
right  to  exehide  particular  species  of  property  from  the  territory 
of  the  United  States,  and  thus  confine  the  enjoyment  of  its  advan- 
tages to  a  portion  of  their  citizens  ?  A  proposition  so  repugnant 
to  justice,  so  violative  of  the  equal  rights  which  every  citizen  of 
the  United  States  has  in  the  common  property,  so  destructive  of 
the  equality  in  privileges  and  immunities  secured  by  the  constitu- 
tion, would  seem  to  be  answered  by  its  statement.  Yet  palpable 
as  the  outrage  appears,  it  has  been  perpetrated  in  legislative  re- 
solutions by  11  States  of  the  Union,  bound  by  the  federal  compact 
to  recognize  the  co-equality  of  the  States  ;  and  repeatedly  asserted 
by  Senators  in  this  chamber,  pledged  to  maintain  the  constitution. 
This  federal  government  desigmd  to  render  more  perfect  the 
Union  of  the  States,  and  to  promote  their  common  defence,  is  thus 
to  become  the  most  formidable  enemy  of  some,  the  great  seeds- 
man of  discord  among  all. 

The  union  of  the  States  into  one  confederacy,  gave  no  power  to 
destroy  local  rights  of  property,  or  to  change  the  condition  of  per. 
sons  ;  but  much,  to  protect  and  preserve  the  existing  rights  of  pro- 
perty, and  relative  condition  of  persons,  by  extending  the  limits 
of  their  recognition,  and  enlarginij  the  provisions  for  their  securi- 
ty. Thus  the  iederal  government  cannot  take  "private  properly" 
except  for  "public  use,"  and  by  making  "just  compensation"  there- 
for ;  the  obligation  of  contracts  cannot  be  impaired  ;  duties  cannot 
be  imposed  on  articles  of  commerce  passing  from  the  limits  of  one 
State  to  another  ;  nor  apprentices,  indented  servants,  or  slaves, 
by  escaping  into  another  Slate  be  discharged  from  their  obliga- 
tions under  the  laws  of  that  from  which  they  lied.  In  these,  and 
similar  instances,  the  federal  government  can  do,  and  has  done, 
much  which  is  beyond  the  power  of  a  State,  to  protect  and  en- 
large the  value  of  property.  To  determine  what  shall  be  proper- 
ty, what  the  condition  of  persons,  are  functions  of  sovereignty  be- 
yond its  delegated  authority;  which  can  only  be  exercised  by  a 
s  ivereign  State  within  its  limits,  and  beyond  that,  by  the  majority 
of  States  required  to  amend  the  constitution.  I  deny,  then,  that 
the  federal  government  may  say  to  any  class  of  citizens,  you  shall 
not  emigrate  to  territory  which  belongs  in  common  to  the  peopio 
of  the  United  States;  equally  deny,  that  it  can  say  what  property 
shall  be  taken  into  such  territory,  or  legislate  so  as  to  impair,  al- 
ter his  arrival  in  the  territory,  any  of  the  pre  existing  rights  of  the 
emigrant  to  the  property  he  may  carry  with  him.  Many  of  llio 
reasons  and  principles  presented  to  establish  the  absence  of  power 
in  the  federal  government    to    exclude    slavery  from   territory  he- 


July  12.] 


THE  OREGON  BILLJ 


873 


loni;inji  to  the  United  States,  bear  with  like  force  against  the  se- 
cond class  of  opinion — that  the  power  rests  in  the  territorial  in- 
habitants. In  the  unwearied  search  of  those  who,  from  the  found- 
ation of  our  government,  have  sou^iht  in  every  ijuarter  for  the 
fountains  of  power  by  which  the  sovereignty  of  the  Stales  might 
be  submerged,  this,  until  recently,  remained  undiscovered.  When 
territorial  governments  were  first  established  in  the  territories 
now  the  States  of  the  northwest,  a  very  ditferent  doctrine  obtain- 
ed, and  quite  opposite  was  the  practice  under  it.  There,  though 
the  foreign  inhabitants  were  mainly  those  who  had  taken  part  with 
us  in  the  wars  against  Great  Britain,  they  were  not  considered  so 
capable  of  self-government  as  to  be  entrusted  with  tlio  jiowers  of 
local  legislation,  and  the  restricted  governments  established  in  In- 
diana and  Michigan,  were  required  to  adopt  the  laws  of  some  State 
of  the  Union  for  their  rule  and  government.  Tims,  in  relation  to 
French  settlers  at  Vineennes,  and  the  Canadian  refugees  in  Mi- 
chigan, it  was  decided.  Now,  sir,  for  whom  is  it  proposed  to 
reverse  the  decision,  not  only  so  far  as  to  recognize  local  legislation, 
but  to  admit  the  power  to  pass  fundamental  laws  controlling  the 
action  of  Congress,  and  determining^  the  future  policy  and  insti- 
tutions of  Oregon  ? 

For  a  small  settlement  composed,  to  a  large  extent,  of  the  late 
dependents  of  the  Hudson's  Bay  Company,  subjects  of  the  British 
crown,  the  very  men  who  were  arrayed  against  us  to  dispute  our 
right  to  the  soil,  the  same  who,  by  fraud   and    violence,    wrested 
from  our  citizens  their  property  and  possessions  on   the  Cohimbia 
river  ;  the  same  who,  in  violation  of  the  faith    of  our  treaty  with 
Great  Britain  for  the  joint   occupancy  of  Oregon,   made  regula- 
tions, the  effect  of  which  was  to  destroy  the  valuable  furs  in  that 
portion  of  the  country  which  they  expected  to  become  exclusively 
the  property  of  the  United  States,  whilst  they  were  preserved  in  that 
which  was  expected  to  pass  at  a  subsequent  day  to  the  sovereign- 
ty ol  Great  Britain.    So  raaeli  for  those  who  formed  a  large,  if  not 
controlling  part  of  the  population   of  Oregon  when  this  policy  of 
cxchuling  slavery  was  adopted  there.     Shall  they  be  permitted  to 
sit  in  judgment  on  the  constitutional  rights  of  American  citizens  '. 
Shall  they  decide  the  future  institutions  of  our  territory?     Look- 
ing further  to  the  south,  in  the  valley  of  the  Wallametto,  we  find 
it  is  true,  settlements  of  American  citizens,  on  whoso  patriotism 
and  love  for  the  States  from  which  they  are  distant  wanderers,  we 
can  safely  rely.     They  are  American  citizens,   a   name  which  all 
who  were  born  beneath  the  flag  of  our  Union   must  cherish  with 
sueh  ali'ection  and  pride  that  their  bond  of  allegiance  needs  no  en- 
dorser.    Giving  them  lull  confidence,  so  far  as  their  conduct  might 
be  involved  in  any  contest  for  the  interest  or  honor  of  our  common 
country,  there  arises,  from  the  question  before  us,  an  inquiry  of  a 
very  different  nature.     I   have   said  that   the  power  to  prohihit 
the  introduction  into  Oregon  ot  slavery,  as  recognized  under  the 
constitution,  is  sueh  control  over  property  and  persons  as  can  only 
be  exercised  by  sovereignty.     If  this  be  correct  the  proposition  to 
leave  the  whole  subject  to  the  territorial  inhabitants  is  equivalent 
to  acknowledging  them  to    be    sovereign  over    the    territory.     If 
they  are  so,  by  their  own  right,  then  it  is  not  "  territory  belonging 
to  the  United  States."     If  it  be  the  territory  of  the  United  Stall « 
Congress  have  no  right  to  surrender  the  sovereignty  of  the  States 
over  It.     No  right  to  entrust  to  other  hands  the  formation  of  the 
institutions  which  are  in  future  to  characterize  it.     In  connexion, 
however,  with  this  proposition,  I  have  spoken  of  one  portion  of  tie 
territorial  inhabitants,  as  men  having  no  claim  upon  our  confidence, 
and  suggested  that  there  were  other  inquiries  than  those  connect- 
ed wiili  their  patriotism  which   required  consideration  in  relation 
to  the  other  portion  of  the  settlers  in   Oregon.     Are  they  states- 
men ?     Have  they  such    political    experience  and  wisdom  that  the 
settled  practice  of  the   country  should    be   changed    in    order  that 
they  may  fix  the  fundamental  principles  on  which  their  future  in- 
stitutions shall  rest:  that   they  may  lay  the   corner  stone  of  that 
republican   edifice,  which  is   in   alter  time   to   overlook   the  Pa- 
citie  ?      Or   are    they,    as   we    have    heretofore    believed    them, 
missionaries    of   religion,    whose  studies    have    been   devoted    to 
subjects,  which  however  high  and  holy,  have  not  been  those  which 
would  qualify  them  for  the  hibor  of  forming  temporal  governments. 
And  beyond  this;  traders,    trappers,  adventurers  in  the  forest   and 
in  the  mountain,  whose  pursuits  and  character  have  least  led  them 
to  contemplate,  or  to  value  the  forms  and  blessings  of  civil  govein- 
ment.     Such  is  the  character  of  the  inhabitants  in  Oregon,  and  if 
there  be  little  to  justify  the  surrender  of  the  highest  powers  of  le- 
gislation to  them,  there  is  still  less  to  warrant  it  in  the  character 
of  the  inhabitants  of  those  territories  we  have  recently  acquired, 
and  which  must  soon  be  the  subject  of  governmental  organization. 
There  we  find  a  people  educated  to  opinions  and  habits  hostile   to 
our  own,  mongrels  of  the  Spanish  and  Indian  races,  inheriting  from 
both    tliu   chacacteristics,  pertinacity,  treachery  and  revenge;  and 
fresh   from  conflicts,   the   history  and  consequences  of  which   are 
well  calculated  to  excite   the  bitterest  animosity  towards  our  citi- 
zens and   our   government.     A  people  whose  religious  prejudices 
are  so  strong   that   they  have  recently  sought  to  tran-fer  a  large 
part  of  their  country  to  a  foreign  colony,  for  the  purpose  of  exluding 
the  immigration   of  American  citizens,   to  whom   they  gave   the 
name  of  "Methodist  wolves."     Morally,  socially  and  intellectual- 
ly degraded  to  such  degree,  that  with    the  foims  of  free   govern- 
u)eni,  they  have  never  enjoyed  any  of  its  essential   rights.     Wiih 
the  writ  of  habeas  corpus  as  the  established  law  of  the  land,  citi- 
zens were  nevertheless  transported  by  order  of  the  central  govern- 
ment across  several  States  of  the  republic,  and  incarcerated  with- 
out question  or  power  to  obtain  legal  redress.     Aie  these  the  men 
who  shall  prescribe  the  fundamental  law  of  the  land?     Shall   they 

30th  Cong. — 1st  Session— No.  110. 


determine  the  rights,  privileges  and  immunities  of  the  American 
citizens  who  may  migrate  into  that  country?  Shall  they  decido 
with  what  property  one  of  your  citizens,  to  whom  y<iu  have  granted 
land  for  services  in  the  war  with  Mexico,  shall  be  permitted  to  tako 
possession  of  his  grant?  If  so,  the  territory  wo  have  acquired  be- 
longs not  to  the  United  States,  but  to  the  people  so  rccenily  con- 
quered, now  become  sovereign  over  the  rights  of  our  citizens,  our 
laws,  and  our  constitution.  "This  opinion  m  favor  ol  the  sovereign, 
ty  of  territorial  inhabitants,  of  such  recent  origin  and  rapid  growMli, 
seems  to  have  found  an  equally  rapid  decline;  and  has  not,  1  think, 
suflieient  importance  now,  to  justily  me  in  detaining  the  Senate  by 
further  reinarks  upon  it.  To  the  citizen  who  presses  beyond  the 
limits  of  civilization,  to  open  up  to  cultivation  and  setlleineul  ibo 
forest  domain  of  the  United  States,  I  have  always  been  willing  lo 
extend  protection,  and  such  peculiar  advantages  over  other  joint 
owners  of  the  common  stock,  as  arc  due  lo  the  .services  he  has  thus 
rendered  to  the  common  interest.  But  the  civil  rights,  the  pidiii- 
cal  principles  of  our  government  are  not  to  he  transferred  to  ihoso 
who  shall  be  first  in  the  race  to  reach  newly  acquired  possessions, 
or  who  shall  by  accident  be  found  upon  them.  To  point  thisopin- 
ion  by  a  single  application,  I  will  refer  lo  a  large  body  of  Ameri- 
can citizens,  who  under  the  control  of  religious  enthusiasm,  have 
gone  beyond  the  limits  of  State  jurisdiction  to  found  a  sectariuu 
colony  in  the  unexplored  wilderness  of  the  TIamaih  lake.  My  rr- 
mark  will,  of  course,  be  und'ustood  to  apply  to  the  Mormons,  and 
I  introduce  the  case  to  ask  if  any  one  is  prepared  to  welcome  the 
consequences  to  civil  and  religious  liberty,  which  would  llnw  from 
the  exercise  of  sovereignty  by  ihem  over  the  country  of  which  ibey 
may  take  possession. 

I  now  pass  to  the  third  source  of  power  from  which  it  is  claimed 
the  right  may  be  derived  to  exclude  slavery  Irom  a  territory  of  tl.o 
United  States. 

The  inviolability  of  the  law  as  it  exists  at  the  period  of  acquisi- 
tion. 

Did  I  seek  protection  under  a  principle  which  I  believe  lo  bo 
wrong,  I  vsould  concede  this  point  to  those  who  make  it,   because 
I  hold  it  to  be  conclusive  against   them   in   the  case  of  Oregon. 
That  territory  whether  derived  from  i'lancc  as  a  part  of  Louisi- 
ana by  the  treaty  of  18u3,  or  from  Spain  as  a  part  oftlio  vice-roj-alty 
of  Mexico,  in  1S19,  would  by  the  application  of  this  rule  be  slave 
territory,   that  institution  having  existed  under  the  laws  of  boih 
France  and  Spain    in  the  provinces  and  at   the  dates  referred  to. 
If  then  the  law  existing  at  the  date  of  acquisition  be  inviidable,  the 
ease  is  closed.     Those  who   have  set  this  mine  have  sprung  it  to 
their  own  destruction.     But,  believing   this  to  be  v\rong  in  fuel,    I 
claim  no  advantage  from  it.     The  progress  of  humanity  softening 
ihe  rigors  of  war,  has  constantly  modified  and  restricted  the  right's 
of  the  conqueror;  it  has  gone  so  far  as  lo  leave  the  municipal  regu. 
lations,   the   private  rights  of  property,  and  existing  relations  of 
persons  undisturbed.     The  laws  are  permitted  lo  remain  so  far  as 
they  do  not  confiicl  with  the  rights  of  the  conqueror,  not  so  much 
lo  satisfy  a  supposed  claim  of  the  conquered  as  tu  prevent  anarchy, 
to  promote  order  and  to  preserve  the  necessary  relations  in  socinty, 
until  the  new  sovereign  shall  give  other  laws  to  the  country.     Tha 
object  for  which  such   continuance  of  existing  laws  is  permitted, 
clearly  marks  the  limitation  of  their  effect  to  the  existing  condition 
of  those  who  inhabit  the  territory.     To  extend  it  beyond  this  so  as 
to  afl'ect  the  political  or  personal  rights  of  those  by  whom  the  ter- 
ritory   has    been    acquired,    either    by    conquest    or    purchase, 
would    be    lo    render    the    acquisition    nugatory,    and    present 
the  absurdity   of  ownership    without  jurisdiction,   of  a   conquer- 
or  made   subject  by   his  conquest.      The   laws   of  Spain    or   of 
Mexico,    if    they    should     remain    paramount    in    the    territorv 
acquired    from    either,    would    e.-ccludo    a    largo    portion    of  our 
citizens,    and    many    kinds    of   property   which   are   ariielcs   of 
free  commerce  among  the  States.     The  mass  of  our  citizens  would 
never  submit  to  restraint  on  their  religious  worship.     The  monop- 
olies of  Mexico,  and  the  free-trade  throughout  the  United  States 
guarantied  by  the  constitution,   could   nol  exist  lo^ctiier.     Tiio 
power  to  exulude  one  species  of  properly  can  he  no  better  founded 
than  that  to  exclude  any  other;  the  constitution  protects  all  which 
it  recognizes  or  none.     Those  who  contend  that  the  laws  of  Mex- 
ico will  prevent  the  introduction  of  slaves,  as  held  among  us,  into 
California  or  New  Mexico,  have  not  shown  why  the  same  lawsby 
their  course  of  reasoning  will  not  exclude   the  introduction  of  to- 
bacco.    Believing  that  the  principles  and  guaranties  of  the  consti- 
tution extend  over  all   territory  belonging  to  the  United  Stales, 
and  that  all  laws  violative  of  either  are  abrogated  by  the  act  of  ac- 
quisition, it  imports  to  mo  nothing  by  what  authority  such  laws 
were  passed.     To  those  who  hold  that  municipal  laws  endure  un- 
til specific  legislation  repeals  them,  I  commend  inquiry  as  to  Lite 
character  of  the  laws  prohibiting  slavery  in  Mexico.     They  are 
not    municipal,    but    general    laws — were    not    passed    by    the 
State   legislatures,    but    by    the    federal    Congress,    and    I    have 
been    informed    in    opposition    to    the    wishes   of    the    njytheru 
and    eastern    States    of    that    republic.       The    central    govern- 
ment   against    which    we    have  waged   war,    from  which    as  in- 
demnity   for    lonji    continued    flagrant    wronss    we    have    taken 
territory,  will  surely  not  be  permitted  lo  leave  its  legislation  over 
the  country  we  have  acquired,  as  a  form  on  which  Us  institutions 
are  to  be  moulded.     Shall  the  citizen,  who  rejoicing  in  the  extend- 
ed domain  of  his  country,  miirrales  to  its  newly  acquired  lerriiory, 
find  himself  shorn  of  the  property  ho  held  under  the  constitution,  by 
the  laws  of  Mexico?     Shall   the  soldier  who  locates  his  grant   in 
California  find  himself  under  the  authority  ho  had  contributed  to 
conquer?     Shall  the  widow  and  the  orphan  of  him  who  died  in  bis 


874 


THE  OREGON  BILL. 


[Wendesday, 


country's  quarrel,  be  excUitled  from  the  acquisition  obtalnecl  in  part 
by  liib  lilood,  unless  they  will  submit  to  the  laws  of  the  power  ho 
bled  and  died  to  subdue?  Never,  never!  Reason  and  iustiee,  con- 
stitutional right  and  national  pride,  combine  to  forbid  the  suppo- 
sition. 

I  have  thus  presented  my  view  of  the  three  sources  from  which 
it  is  oliiimeii  To  draw  the  power  to  prnljibit  slavery  in  territory  of 
the  United  Siates.  From  the  considerations  presented,  luy  con- 
clusion is  that  it  cannot  properly  be  done  in  either  of  the  modes 
proposed.  That  not  being  among  the  delegated  powers  of  the  fed- 
eral government,  or  necessary  to  the  exercise  of  any  of  its  grants, 
Congress  cannot  pass  a  law  for  that  purpose.  That  the  territorial 
government  is  suliordmate  to  the  federal  government  from  which 
it  derives  its  authority  and  support,  and  that  neither  . separately  or 
united  can  they  invade  the  undelegated  so\/ereignty  of  the  States 
over  their  territory.  That  the  laws  of  a  former  proprietor  so  far 
as  they  conflict  with  the  principles  of  the  constitution,  are  abroga- 
ted by  the  fact  of  actpiisition.  That  territory  of  the  United  States 
is  the  property  of  all  the  people  of  the  United  Slates;  that  sove- 
reignty of  the  territory  remains  with  them  until  it  is  admitted  as 
an  independent  Slate  into  the  Union;  and  that  each  citizen  of  the 
United  States  has  an  equal  right  to  migrate  inio  such  territory, 
tarrying  with  him  any  species  of  property  recognized  by  the  con- 
stitution, until  sovereignty  attaches  to  the  territory  by  its  becom- 
ing a  State,  or  until  the  sovereign  States  by  agreement  or  by 
compact,  shall  rcL'ulate  specifiealiv  the  character  of  property  which 
shall  be  admitted  into  any  particular  territory.  Against  such  con- 
elusions,  those  who  take  an  opposite  view  of  this  question,  have 
cited  precedents  to  sustain  their  positions.  In  the  long  course  ol 
years,  and  under  the  widely  dill'ering  circumstances  of  the  various 
cases  which  have  arisen,  the  practice  of  our  government  has  not 
been  so  uniform  as  in  my  judgment  to  furnish  any  settled  rule  of 
construction.  Nor  am  1  prepared  to  admit  either  on  this  or  other 
occasions  the  binding  force  ol  precedent  over  the  legislation  of 
Congress.  I  yield  to  it  such  authority  as  is  due  to  the  wisdom  and 
purity  Lif  those  by  whom  it  was  established;  more  than  this  it  can- 
not claim.  In  referring  to  the  early  legislation  of  Congress  in  re- 
lation to  territories,  I  have  not  been  able  to  perci'ive  the  general 
application  of  more  than  cuie  principle,  which  is  that  a  territory 
politically  considered  should  be  treated  as  an  embryo  State,  there- 
fore the  guards  thrown  around  it  have  been  mainly  those  which 
would  prepare  it  for  a  republican  form  of  government.     This  being 

'■  the  onlv  restriction  which  Congress  is  authorized  to  impose  on  the 
constitution  of  a  new  State  at  the  period  of  its  admission  into  the 
Union.  In  the  organization  of  territorial  governments  in  the  ear- 
lier days  of  our  republic,  we  find  no  attempts  by  Congress  to  le- 
gislate for  them.  Where  powers  of  legislation  were  not  conferred 
upon  the  territorial  inhabitants,  their  laws  were  to  bo  adnptetl 
from  the  statutes  of  some  State  in  the  Union;  and  to  show  that  no 
claim  was  set  np  by  the  federal  government  to  regulate  property 
or  change  the  condition  of  persons,  I  would  refer  to  the  States 
formed  out  of  the  northwest  territory,  over  which  the  often  cited 
ordinance  of  1787  was  extended.  There  wq  find,  notwithstanding 
the  jirovisions  of  that  ordinance,  that  slavery*  continued  to  exist,  as 
to  some  extent  it  still  exists,  in  the  State  of  Illinois.  In  the  act  of 
1793,  passed  to  carry  out  the  ordinance  of  1787,  the  following  lan- 
guage occurs:  "where  a  person  held  to  labor  in  any  of  the  United 
^^^ates,  or  in  either  of  the  territories  on  the  northwest  or  south  of 
the  Onio,  under  the  law  thereof,"  &.e.,  which  is  a  distinct  recogni- 
tion by  Congress  of  the  existence  of  slavery  in  the  territory  covered 
by  the  ordinance  ol  1787;  and  is  conclusive  against  the  preten- 
sion here  set  np,  that  by  the  ordinance  of  1787,  the  power  to  pro- 
hibit slavery  in  the  territories  was  claimed,  exercised,  and  admit- 
ted. The  wholo  extent  and  force  of  precedents  upon  this  subject, 
has  been  so  fnllv  and  ably  investigated  by  others  who  have  spoken 
on  the  same  side  of  the  subject  with  myself,  that  I  will  not  pursue 
this  branch  of  the  investigation  further.  I  therefore  dismiss  it  with 
the  remaik  that  whatever  of  validity  they  possess,  is  to  be  drawn 
from  the  idea  that  each  was  a  compact  ratified  by  the  acquiescence 
of  the  States,  and  can  have  no  other  application  than  tit  the  par- 
ticular ease  for  which  each  was  formed.  There  is  a  marked  dil'- 
fcrence  between  territory  acquired  by  joint  efforts  or  common  trea- 
sure of  the  Stales,  and  that  which  was  derived  by  the  cession  of  a 

'  particular  State.  In  the  former  case  the  sovereignty  attaches  to 
the  States  ol'  the  Union  by  the  fact  of  acquisition,  and  no  other 
functions  could  be  vested  iii  the  Congress  than  those  derived  frmn 
the  constitution.  In  the  latter,  sovereignly  and  jurisdiction  could 
be  transferred  in  any  form  which  it  might  please  the  giver  and  the 
receiver  to  adopt  it.  If,  then,  Virginia  or  Georgia  has  conferred 
upon  the  fcLleial  government  higher  powers  than  would  necessa- 
rily belong  to  its  character  of  trustee  for  the  public  domain,  it 
could  not  thence  be  inlcrrcd  that  e(iual  powers  would  be  possessed 
over  territory  acquired  in  coinmim  by  the  Slates.  Thus  the  legis. 
lation  in  one  case  would  form  no  precedent  for  the  other,  because 
of  tbe  dillcrent  sources  of  authority.  In  this  connexion,  I  will  no- 
tice a  position  taken  by  the  Senator  from  Massachusetts  in  rela- 
tion to  the  cession  made  by  Virginia  of  the  territory  northwest  of 
the  Ohio  river.  He  ussnines  that  it  was  made  to  preserve  the  ex- 
isting ratio  between  the  slave  and  non-slaveholding  States.  If, 
sir,  I  have  read  iho  history  of  ihat  transaction  aright,  it  was  found- 
ed on  far  more  noble  considerations,  upon  motives  alike  honorable 
and  patriotic  in  the  State  which  ceded,  and  in  tlinse  which  demand- 
ed the  cession;  it  was  to  preserve  that  just  relation  between  the 
confederates,  of  which  was  deemed  essential  to  preserve  the  equal- 
ity of  the  States,  thf  prosperity,  the  perpetuity,  and  the  harmony 
of  the  Union. 


The  States  of  Maryland  and  Delaware  objected  to  the  articles 
of  confederation  because  of  the  immense  territory  held  by  Vircinia, 
maintaining  that  it  gave  her  a  controlling  power  which  might  be 
destructive  of  the  prosperity  of  the  smaller  States,  as  it  would  be 
subversive  of  the  equality  essential  to  the  confederacy  of  sove- 
reigns. In  the  act  of  New  Jersey  for  ratifying  the  articles  of  con- 
federation, this  objection  was  noticed,  and  their  delegates  instruct- 
ed to  siirn  the  articles,  "in  the  firm  reliance  that  the  candor  and 
justice  of  the  several  States  will,  in  due  lime,  remove  as  far  as  pos- 
sible the  inecpialily  which  now  subsists."  The  legislature  of  Dela- 
ware passed  resolutions,  one  of  which  contained  the  lollowing  : 

"  Th:it  tills  Pt:ite  ihiiitts  it  ne<:es?inrv  for  tlic  peace  anfl  pately  of  the  Slate*,  tolte  in- 
clii<le<l  in  the  Union,  th.lt  a  nioilerate  e.i:lent  of  limits  shotilil  tie  asll^nei]  lot  such  of 
lliose  Sniles  as  cinim  lo  the  Mississipjti,  or  South  Sea,"  iie. 

In  1779  the  delegates  from  Maryland  laid  before  Congress  the 
instructions  of  their  general  assembly.  That  paper  was  an  able 
argnuient  against  the  propriety  and  justice  of  the  extensive  claims 
of  some  of  the  States  to  the  western  territory — strongly  exhibited 
the  political  and  financial  evil  which  would  probably  result  from  the 
admission  of  them,  and  alter  asserting  the  right  of  all  the  thirteen 
States  to  the  unpeopled  territory  as  a  common  property,  declared, 

"We  have  coolly  and  dispa-isionaleiy  considered  the  Bnttjecl  :  we  have  weighed 
[trotiable  inconveniences  and  hanlshi|is,  against  tlie  sacrifice  ot-jnBt  and  essential  tinhls; 
and  do  instruct  vou  not  to  agree  to  tlie  confederation,  unless  an  article  or  ailicles  be 
added  thereto  in  eonforinily  with  onr  declaration." 

It  does  not  appear  that  any  question  of  domestic  institutions  in- 
fluenced the  action  of  the  States  upon  this  subject  ;  indeed,  an  op- 
posite conclusion  is  forced  upon  us  by  the  character  of  the  parties 
by  whom  the  cession  of  this  territory  was  insisted  on.  Slave  States 
cannot  be  supposed  to  have  insisted  on  a  cession  of  territory,  that 
the  power  of  the  non-slave  States  should  be  increased.  Who,  then, 
looked  to  the  ignoble  war  of  sections,  which  it  has  been  our  shame 
and  misfortune  to  witness?  Who,  then,  would  have  consented  to 
any  measure  which  looked  lo  the  reproduction  of  that  inequality, 
the  revival  of  that  uuerferenco  with  the  domestic  a&airs  of  the 
Stales,  which  had  caused  the  revolntion  ? 

The  reason  most  strongly  urged  was  the  injury  likely  to  result 
lo  some  from  the  disproportionate  jtower  of  others,  the  objeclniost 
sought  was  the  security  which  would  result  from  equality  In 
keeping  with  these,  the  Congress  of  the  confederation,  in  1780, 
took  into  consideration  the  addresses  of  the  ditferent  Slates  on  the 
subject  of  the  western  territory,  and  recommended  to 

"  Those  States  which  can  remove  tlie  embarrassments  respecting  the  westeni  coun- 
try, a  liberal  surrender  of  a  poriion  of  their  terrilorial  claims,  since  they  cannot  be  pie- 
served  entire  without  endangering  the  stability  of  thegenurul  confederacy." 

And  resolved, 

"That  It  l»e  earnestly  recommended  to  those  States  w  ho  have  claims  to  the  weslem 
countiv  lo  pass  such  laws,  and  give  their  delegates  in  Congress  such  {lowers,  as  naay 
etleetually  remove  the  only  obbtacle  to  a  final  ratification  of  the  articles  of  coafedo- 
ration." 

By  force  of  such  appeals,  urged  by  the  conviction  that  it  was 
necessary  to  place  the  federal  Union  on  a  permanent  basis,  and  to 
make  it  acceptable  to  all  its  members,  Virginia,  with  that  devo- 
tion to  the  common  good  which  became  the  land  of  Washington 
and  JefTerson,  ceded  her  rich  birth-right,  the  vast  territory  from 
which  has  arisen  the  five  northwestern  States  of  our  Union.  This 
surrender  ol  individual  interest  to  the  general  welfare — this  con- 
cession to  secure  the  tranquility  of  the  Slates,  marked  by  a  digni- 
ty and  patriotism  in  the  contemplation  of  which  paltry  struggles 
for  political  advantage  should  be  forgotten,  is  now  cited  as  a  'uea- 
sure  to  distribute  strength  lo  the  slave  and  free  States,  as  contend- 
ing parties.  With  what  probability  can  it  be  argued  mat  Mary- 
land would  deinand    or  Virginia  give,  fur  such  a  purpose  ? 

No,  sir.  It  was  Iratermly,  not  strife — it  was  the  general  good, 
not  sectional  advantage — it  was  the  sovereignty,  the  equality,  and 
the  prosperity  of  all  the  States,  for  which  the  men  of  the  revolu- 
tion made  their  sacrifices,  both  of  war  and  of  peace.  It  was  lo 
perfect  the  confederation,  to  remove  the  distrust  and  dissatisfac- 
tion of  slaveholding  States,  that  Virginia  ceded  the  northwestern 
territory  lo  the  common  slock  of  the  Union.  And  this  act  of  mag- 
nanimity, of  generous  confidence,  is  now  ci'ed  as  authoriiy  against 
those  who  were  weakened  by  it.  Nor  is  it  in  this  case  alone  that 
the  South  may  complain  of  such  injurious  and  unfair  construction. 
In  every  instance  concession  has  been  made  the  basis  of  aggres- 
sion, and  the  langtiace  of  conciliation  has  been  answered  by  objur- 
gation and  abuse.  The  right  to  representation  in  proportion  to 
population  was  waived  so  far  in  relation  lo  slaves,  as  lo  exclude 
two-tifths  of  their  number,  yet  those  who  have  the  advantage  of 
this  concession,  those  who  ileiiy  that  there  can  be  property  in  per- 
sons, are  those  who  attack  this  compromise  of  the  constitution, 
and  denounce  it  as  an  unetiual  privilege  bestowed  on  the  property 
of  the  South.  The  partial  representation  of  slaves  is  in  keeping 
with  their  mixed  character,  being  both  persons  and  property;  but 
with  much  more  reason  might  it  be  contended  that  they  were  en- 
titled to  full  representation  in  the  federal  government  than  to  no 
representation  at  all.  Indeed,  if  the  South  had  yielded  no  claim 
to  full  representation  in  piojiortion  to  the  number  of  slaves,  I  do 
not  perceive  how  those  who  deny  that  there  can  be  any  connection 
between  person  and  property  would  resist  the  right;  except  by 
the  absurd  contradiction  they  porpetrate  when  railing  against  it  as 
the  representation  of  property.  There  is  another  concession  which 
has  been  often  referred  to  in  this  debate,  the  Missouri  compro- 
mise. 

With  the  right  lo  e.Nlend  slavery  into  any  portion  of  the  territo- 
ry of  Louisiana,  seemed  by  the  treaty  ol'  acquisition,  there  was. 


July  12.] 


THE  OREGON  BILL. 


878 


nevertheless,  a  fierce  controverBy  against  the  admission  of  Mis- 
souri info  the  Union  as  a  slaveholdint;  State.  During  its  territo- 
rial condition  the  right  had  been  unquestioned — the  oontroversy 
only  arising  in  view  of  the  political  power  which  woulil  attach  to 
a  sovereign  State.  I  will  not  dwell  apon  the  nugatory  character 
of  any  law  which  should  attempt  fo  control  the  domestic  institu- 
tions of  a  State,  but  pass  to  the  result  of  thi;-,  controversy  about 
the  admission  of  Missouri.  Again,  the  Soulh,  in  the  spirit  of  con- 
cession which  had  marked  the  conduct  of  her  sons  at  a  former  pe- 
riod, surrendered  their  unquestioned  and  umiuestionahlo  i  iuht  to 
extend  slavery  over  the  whole  of  that  territory  which  had  been  ac- 
quired under  the  name  of  Louisiana,  and  agreed,  except  within 
the  limits  of  Missouri,  to  confine  it  to  the  south  side  nf  the  paral- 
lel of  latitude  36*  30'  north.  Again  was  sectional  interest  aban- 
doned to  the  hope  of  permanently  establishing  tranquility  in  the 
Union.  If  that  hope  is  now  to  be  destroyed,  it  will  be  by  those 
who  derived  all  the  benefit  from  the  compromise — not  by  i  hose  who 
waived  by  it  a  portion  of  their  rights.  In  the  compromises  of  the 
constitution  and  the  concessions  which  have  follnved  its  adoption, 
the  advantages  have  mainly  accrued  to  the  North  ;  yet  the  South 
has  steadily  and  faithfully  observed  them.  Can  as  much  be  said 
of  the  North  ?  The  constitution  recognizes  the  institution  of  sla- 
very, which  thence  acquired  a  general,  instead  of  its  previous 
merely  local  character.  It  was  made  the  duty  ot  ihe  State  auiho. 
rities  to  deliver  up  fugitive  slaves  to  their  owners,  and  the  free 
commerce  among  the  States  secured  to  each  citizen,  was  a  prohi. 
bitiou  against  State  legislation  to  disturb  the  right  of  the  master 
to  pass  from  one  State  to  another  with  his  slave  propertv.  The 
duty  has  been  neglected,  the  right  has  been  obstructed,  slaves  have 
been  torn  from  their  masters  when  exercising  the  right  of  cvcrv 
American  citizen  to  pass  from  one  part  of  the  Union  to  another;  the 
magistracy  have  stood  silent  when  these  outrages  were  perpetra- 
ted, and  the  legislation  of  three  States,  instead  of  looking  to  pre. 
vention  and  punishment  of  such  cases  in  future,  have  enacted  laws 
best  calculated  to  magnify  the  evil.  Even  here  in  the  course  of 
debate  it  has  been  asserted  that,  to  carry  a  slave  out  of  the  limits 
of  the  jurisdiction  of  a  State  in  which  slavery  is  recognized,  eman- 
cipates him.  If  that  were  true,  the  recognition  of  slavery  by  the 
constitution  would  be  a  nullity.  The  master  who,  in  discharge  of 
a  duty  to  the  government  should  enter  an  arsenal  or  dock  yard  un- 
der the  exclusive  jurisdiction  would  thereby  lose  the  right  to  pro- 
perty in  his  slave.  Or,  if  he  should  sail  from  Norfolk  to  New  Or- 
leans by  going  to  sea,  he  would  pass  beyond  the  jurisdiction  of  a 
State,  and  thus  incur  the  forfeiture.  Beyond  the  limits  of  a  State, 
whether  in  territory  or  on  the  deck  of  an  American  vessel,  the 
constitution  and  laws  of  the  United  States  follow  our  citizens  and 
protect  their  property.  The  recognition  o(  slavery  by  the  consti- 
tution, therefore,  presents  a  case  arising  here,  in  a  very  diflerent 
view  from  one  in  Great  Britain.  The  dilTerence  destroys  the  va- 
lue of  the  argument  based  on  British  practice  and  analogy. 

Eleven  States  of  the  Union  have  spoken  thrnuiih  their  legislatures 
against  the  further  extension  of  slavery,  with  the  clearly  indicated, 
sometimes  even  expressed  intention  tints  to  prepare  the  way  lor  a 
more  direct  and  fatal  attack  upon  the  institutions  of  the  South. 
When  we  are  told  that  slavery  is  an  "  immense  moral  and  politi- 
cal evil,  which  ought  to  be  abolished  as  soon  as  that  end  can  be 
properly  and  constitutionally  attained  ;"  wlien  we  are  admonish- 
ed of  the  design  "  to  resist  the  admission  of  any  new  State  into 
the  Union  while  tolerating  slavery,"  he  must  be  blind,  indeed,  who 
does  not  see  the  purpose,  by  thus  forbidding  the  growth  of  the 
slaveholding  States,  and  devoting  all  our  vast  territorial  domain, 
to  the  formation  of  those  in  which  slavery  is  forliidden,  to  obtain 
in  the  future  such  ])reponderance  of  free  States  as  will  enable 
them  constitutionally  to  amend  the  compact  of  our  Union,  and 
strip  the  South  of  the  guaranties  it  gives.  If  factious  opposition 
and  sectional  disregard  of  the  common  good  have  been  able  thus  to 
obliterate  the  great  land-marks,  eiiua'ity  among  the  States,  and 
non-interference  with  domestic  affairs,  in  so  brief,  and  such  ]>artiat 
enjoyment  of  power,  how  can  we  expect  moderation  and  forbear- 
ance when  swelled  lo  a  three-fourths  majority  ?  Those  who  seek 
to  appropriate  our  territories  to  the  exclusive  iormation  of  non- 
slaveholding  States,  must  not  hope  by  catch  words,  and  abusive 
epithets  against  slavery,  to  conceal  their  real  purpose,  the  politi- 
cal aggrandizement  of  the  North. 

Was  their  object  the  benefit  of  the  slaves —did  they  seek  as  a 
paramount  object  their  emancipation,  the  policy  would  certainly 
be  the  reverse  ;  instead  of  confining,  to  disperse  them.  Nothing 
can  be  more  plain  than  that  if  confined  to  small  space,  they  must 
accumulate  in  the  hands  of  a  few,  and  if  disjiersed.  that  they  must 
have  many  masters.  Whatever  there  is  of  harshness,  arises  from 
their  conilensation,  so  that  the  master  and  slave  are  necessarily 
separated,  and  the  '-^tter  placed  under  the  authority  of  a  hired 
agent.  Whilst  the  number  owned  by  one  person  is  small,  he  has 
immediate  charge  of  them;  from  their  daily  intercourse,  perma- 
nent connection,  and  real  identity  of  interest,  arise  those  kindly 
relations  usual  in  such  condition.  The  power  to  oppress  depend- 
ents exists  in  all  countries,  and  bad  men  every  where  abuse  the 
power.  In  no  relation  which  labor  bears  to  capital,  is  such  op- 
pression better  guarded  against  than  in  that  of  master  and  slave. 
There  is  in  it  all  which  naturally  e.xcites  the  forbearance  and  kind- 
ness of  the  generous  and  the  good;  and  this  falling  there  are  con- 
siderations of  interest  of  pecuniary  advantage,  to  restrain  the  sor- 
did and  the  vicious,  which  do  not  exist  in  cases  of  hired  laborers. 
To  confine  slavery  to  a  small  district,  would  go  further  than  any 
other  means  to  strip  it  of  its  kind  p.aternal  character;  when  the 
master  should  no  longer  know  his  slave,  when  the  overseer  would 


have  plenary  power,  then  would  disappear  many   of  the  features 
which    commend   it    to  those  who   have   been   reared    amidst  it. 
Then  would  cease  the  moral  and  intelleciual  progress  of  the  slave; 
then  would  steadily  diminish  the  feelings  promotive  ot  emancipa- 
tion, and  the  power  to  affect  it.     It  has  been  from  the  association 
with  a  more  elevated  race,  that   the  African  has  advanced;  it  has 
been  from  their  mutually  kind  offices  that  the  master  bas,in  many  in- 
stances,  liberated  his  slave  as  a  mark  of  affection;  for  this  associa- 
tion  and  for  this  feeling,  it  is  requred    that  there  should    not  be  a 
great  disproportion  in   the  number  of  the  races  where  they  reside 
togeiher.     The  power  to  emancipate  must  depend  upon  properly 
considerations,  and  upon   public  policy  conjointly.     A  large  com- 
munity of  free  men  would   have  the  pecuniary   ability  to  emanci- 
pate a  small  number  of  slaves,  the  reverse  would  be  beyond  th'  ir 
power.     Upon  a   large  territory,  a  few  blacks  might   be  tumid 
loose  without  injury  to  the  progress  of  society,  but  on  a  small  ter- 
ritory a  large  number  of  blacks  could  only  be  released  by  surren- 
dering the  country  to  them.     If  then,  as  proposed,  slavery  as  it 
exists  among  us  should  be   confined  to  the   States  in  which  it  now 
exists,  the  consequence  will  be  not  ils  cxiinpuishment.  but  its  per- 
petuation.    Each  State,  when  it  finds  within  iis  borders  as  many 
Africans  as  safety  and   policy  will  permit,  will  enact  laws  to  prf. 
vent  their  further  introduction;  the  tide  which  has  flowed  reguprly 
on  from   New  England  to  Texas  will  bo    checked,  and  tl.cy  will 
thenceforward  continue  to  accumulate,  and  when  lliev  reach  the 
density  which  renders  involuntary  labor  no  longer  jirofitable,  they 
must  still  be  held,  from    the    impolicy  of  liberating    them  in  iho 
country,  and  the  inability  to  send  thein    away,  the  latter  increas- 
ing in  a  compound  ratio,  because  the  augmentation  of  number  will 
liring  with  it  a  diminution  of  profit  from   their  labor,     fientlemen 
have  spoken  of  the  spirit   of  the  age  as  opposed  to  slavery.     Sir,  I 
think  there  is  no  foundation  for  the  presumption  of  moral  change, 
that  all    the   changed   action   which   has   occurred  is  referable  lo 
density  of  population.     It  may  be  taken  as  a  general  rule,  that  in- 
voluntary service  is  less  profitable  than  voluntary  labor,  and  there 
is  a  singular   uniformity  in  the  degree  of  density,  at  which  in  dif- 
ferent countries  it  has  been    abandoned.     The  villeinage  of  Eng- 
land, and  the  serfdom  of  Russia,  both  becoming  a  burthen  to  pro- 
prietors at   the  same  poini — that  is  when  the    population  reached 
the  point  of  forty  persons  to  the  square  mile.     But  our  slaves  are 
a   distinct   race,  physically  differing   so   much  from   theirs,  that 
no  one  can  look  to  '.heir   emancipation  without   connecting  wiih  it 
the  idea  of  removal,  separation  of  the  races.   When,  therefore,  they 
cease  to  bo  profitable,  we  cannot,  like  ihe  ancient  Britons,  say,  be 
free,  and    see  with   the   announcement,  all    cause   for  distinction 
cease.     Tberclbre  it   is  to  be   observed,  that  those   States  of  our 
Union  who  have    passed    acts  of   emancipation,  have    first  found 
themselves  nearly  rid  of  the  caste,  or  made  their  laws  prospective 
and  so  remote,  that  this  result  would  bo   reached   before  the  act 
went  into  operation. 

With  what  justice  or  propriety  do  those  who  have  availed  them- 
selves of  the  demand  for  their  slaves  in  the  more  southern 
and  sparsely  settled  States,  now  insist  upon  closing  the  door 
against  their  egress  to  newer  countries,  as  the  while  population 
gathering  behind  them  would  pre.ss  them  still  further  on?  They 
have  sold  their  slaves  when  they  ceased  to  be  profitable,  and  sla- 
very became  to  them  a  sin  of  horrid  enormity  when  the  property 
was  transferred  from  themselves  to  their  brother.  Therefore  they 
will  confine  it  to  tl:e  country  in  wlii(di  it  now  exists,  and  deprive 
others  of  the  means  used  by  themselves,  and  which  forms  the  only 
practicable  mode  of  getting  rid  of  it.  To  those  who  are  sincere 
in  their  professions  of  a  wish  to  banish  slavery  from  the  United 
States,  and  feel  it  is  only  to  be  effecled  by  the  voluntary  action  of 
those  among  whom  it  exists,  I  say,  leave  your  territories  o|ien,  ar.d 
let  the  white  race,  as  it  flows  in  from  the  North,  gradually,  by  its 
greater  energy  and  intelligence,  bear  the  African  race  before  it 
to  regions  unsuited  to  the  labor  of  the  white  man,  as  the  tide  bears 
the  loam  to  the  shore,  and  gives  back  to  the  beach  the  ihuigs 
which  are  its  own. 

The  Senator  from  Vermont  objects  to  the  introduction  of  slave 
property  into  territories,  and  says  it  should  not  be  forced  upon  an 
infant  community,  but  left  to  be  adopted,  if  they  desire  it,  when 
they  have  power  to  organize  an  independent  government.  I  have 
expressed  my  opinion  of  the  constiuitional  rights  of  the  holders  of 
that  property,  and  distinctly  slated  that  I  desire  no  Congressional 
legislation  beyond  that  which  is  necessary  to  secure  those  rights. 
Non-interference  with  the  subject  of  slavery  is  our  main  posiiion; 
and  is  equally  opposed  to  force  for  or  against  it.  But  the  ex|)e- 
rience  of  our  pioneers,  the  condition  of  those  who  first  grapple 
with  the  ditficulfy  of  taming  the  wilderness,  furnishes  a  forcible  il- 
lustration of  the  truth  of  the  relation  I  have  altemplcd  to  show 
exists  between  involuntary  servitude  and  density  of  population. 
The  hard  necessity,  which  maintains  the  power  of  capital  over  la- 
bor in  old  settled  countries,  is  not  known  among  the  forest  adven- 
turers. The  bond  between  the  employer  and  the  servant  is  there- 
fote  so  weak,  that  in  the  first  settlement  of  a  country,  more  than 
at  any  subsequent  period,  would  involuntary  servitude  be  advan- 
tageous and  desirable-  I  can  readily  conceive  that  slaves  would 
be  taken  into  countries  where  they  would  cease  to  be  profitable 
as  soon  as  other  labor  flowed  in.  Such  instances  have  occurred 
ill  our  northern  territories,  and  early  emancipation  was  the  result. 
Why  is  it  assumed  that  slavery  degrades  labor,  and  its  preset.co 
excludes  the  while  laborer  ?  It  may  be  true  as  regards  the  whites, 
and  free  blacks  of  the  North,  that  ihey  will  not  toil  together — 
there  is  rivalry  between  them;  but  if  thence  a  conclusion  is  drawn 
ihat  the  saiue  cunditioa  e;(ists  in  the  slave  Stales,  it  i«  ruuoded  on 


876 


THE  OREGON  BILL. 


[Wednesday, 


false  reasfinins,  and  is  wrong  in  result.  Amonpr  slaves,  the  white 
Jiiborer  is  elevated  by  the  Tact  of  a  caste  below  him;  and  in  slave 
States  there  is  an  equality  among  white  men  which  never  can  ex- 
ist where  the  same  race  fill  the  places  of  master  and  menial. — 
Slaves  are  capital,  and  in  the  mind  of  the  master  there  can  be  no 
contest  between  capital  and  labor — the  contest  from  which  so 
much  of  human  sulTerinir  and  oppression  have  arisen.  No,  sir; 
that  slavery  in  the  territory  would  not  exclude  white  labor,  the 
coi  slant  emigration  from  the  nonslave  to  the  slave  States,  con- 
clusively establishes.  This  opposition  to  slavery  is  political,  and 
rapid  are  the  strides  it  is  makinn;  in  aggression.  The  miijhty  State 
of  New  York  is  now  convulsed  to  its  centre — men  who  were  justly 
entitled  to  the  appellation  of  statesmen,  in  its  most  dignified  sense 
— who  have  filled  the  highest  stations  of  honor  and  trust,  are  now 
identified  with  a  movement  at  war  with  justice — at  war  with  the 
ciMistitution,  and  which,  disturbing  the  tranquility  of  to-day,  will, 
if  not  checked  in  its  onward  progress,  reach  disunion  to-raorrow. 
Tlie  lime  is  not  remoie  when  an  abolition  meeting  could  not  have 
been  held  in  New  York;  but  it  has  become  political,  and  before  this 
new  form  of  the  itionsler,  duly,  fraternity,  faith,  give  way,  and 
masses  worship  the  idol  without  the  fanaticism  which  alone  could 
excuse  the  apostacy.  With  political  aboliliduists,  what  argument 
can  avail  ?  The  security,  the  prosperity,  the  growth  of  a  section 
only  is  considered;  and  all  which  would  benefit  those  to  whom  they 
believe  their  interest  opposed,  must  find  therefrom  resistance  — 
Theirs  is  the  policy  so  deeply  and  sadly  deprecated  by  Mr.  Jeffer- 
son, when  he  spoke  of  a  geographical  line  coinciding  with  a 
marked  principle,  moral  and  political,  which  every  new  irritation 
would  mark  deeper  atul  deeper.  Theirs  the  policy  which  JMr. 
Monroe  described  in  his  letter  to  Mr.  Jefferson  as  "  an  effort  to 
give  such  a  shape  to  our  Union  as  would  secure  the  dominion  over 
it  to  its  eastern  section."  That  patriot  statesman,  in  the  same 
letter,  as  a  justification  for  the  treaty  by  which  Texas  was  sur- 
rendered, describes  the  sectional  struggle  which  existed  at  the 
time  as  so  fierce  and  uncompromising,  that  it  was  necessary  for 
TJie  internal  peace  to  make  the  sacrifices  of  that  treaty,  and  draws 
from  the  contest  the  conclusion,  '■  that  the  further  acquisition  of 
territory  to  the  West  and  South  involves  diflioulties  of  an  internal 
nature,  which  menace  the  Union  itself."  This  letter  of  Mr.  Mon- 
roe, lakcn  ill  connexion  with  that  of  Mr.  Jefiferson,  to  which  it  was 
a  reply,  shows  how  deep-seated  and  extreme  was  the  opposition  ut 
that  day  to  the  arowth  and  prosperity  of  the  southern  and  western 
.secliou  of  the  Union.  From  the  hazards  which  then  impended 
over  us.  we  were  saved  by  the  patriotic  devotion  of  those  norlhern 
men,  who  sacrified  themselves  for  the  peace  and  general  welfare 
of  the  confederacv.  Now,  when  like  hazard  and  difficulty  sur- 
rounds us,  it  IS  my  pride  and  comfort  to  believe  that  like  sacrifices, 
if  nei.'Cssary,  will  be  made.  To  those  who  consider  the  Union 
worth  preserving,  it  must  be  a  primary  object  to  give  peace  and 
secujity  to  its  members.  The  pure  and  wise  men  who  formed  our 
republic,  foresaw  what  events  have  so  clearly  demonstrated,  that 
these  objects  were  only  to  be  certainly  attained  by  approximating 
equality  among  the  sections,  and  leaving  all  domestic  affairs  en- 
tirely to  the  control  of  the  Slates.  This  policy  has  been  generally 
adliered  to,  by  admitting  alternately  slave  and  non-slaveholding 
States  into  ihe  Union,  and  by  affirming  in  solemn  manner,  at  dii- 
lerent  periods  in  our  history,  the  restricted  character  and  general 
purposes  of  our  federal  government.  Thus,  on  the  (ith  of  Janu- 
ary, 1338,  the  Senate  of  the  United  States,  by  a  vote  of  thirty-one 
to  eleven — 

*  *  *  *'Rrsnlvf'l,  Tlint  ttis  ilie  solpitin  duty  of  Ihe  jrovernment  to  resist  to  tlie 
e.xtentof  its  constitutional  power,  all  ;iuemjits  by  one  portion  of  the  Union  to  use  it 
as  nil  iastnimeUL  of  ntlacli.  upon  Iliedoineslii:  inslilutiuus  of  unother,  or  lo  weaken 
or  destroy  sueh  institutions." 

But  ten  years  have  passed  since  this  declaration  was  made,  yet 
mark  how  great  has  been  the  advance  of  aggression  on  the  con- 
siitutiijiial  guaranties  and  principles  ol  our  compact,  as  at  that  day 
urlinittcd.  it  is  openly  asserted,  as  a  principle  of  action,  that 
slaves  shall  be  confined  to  the  terrilory  upon  which  they  are  now 
located,  not  for  their  benefit,  but  for  the  political  advantage  of  the 
non-slaveholding  States:  or  in  other  words  to  weaken,  who  can 
doubt,  finally  to  destroy  slave  institutions.  No  longer  is  the  claim 
to  hum:iiiily  set  up,  but  the  thirst  for  power  goes  ste|)  by  step  in 
tills  aggres>ion  with  bostilily  to  the  Alrican  race.  The  Senator 
from  New  York,  [Mr.  £)i.\,]  my  friend  who  sits  near  me — and  I 
do  not  use  the  jihrase  in  a  merely  complimentary  sense;  in  oppos- 
ing the  extension  of  slavery  to  wider  limits,  uses  the  following 
language  : 

"  The  tenilency  of  *  lie  Iiunian  raee  is  to  increase  in  a  compound  ratio  of  the  extent 
.nnii  prodiietiveue.ss  of  tile  surfaceon  which  it  18  sustiiined.  *  *  The  muUiplication 
of  Ihe  huinaii  species  is  governed  hv  laws  as  inllexihleand  certain  as  tho>e  which  gov- 
ITU  llie  reproiliiction  of  ve^elable  life.  *  *  I  believe  it  may  ho  satisfactorily  sliown 
that  the  free  black  population  in  the  northern  States  does  not  increase  by  its  own  in- 
hureiit  tbrce.  *  *  Itniler  the  most  favorable  circunislanees  it  is,  and  must  eon- 
liniie  to  be,  an  inferior  caste  in  thu  North.  *  *  A  class  thus  dej;radcd  will  not 
inulliplv.  This  is  the  filst  stage  of  retro;;radotion.  The  sei-ond  almost  cerlainly  fol- 
lows. "It  will  not  be  reproduced;  ami  in  a  few  ycuerations  Ihe  process  of  extinction 
is  peiforineil." 

And  this  is  the  moral  teaching  of  those  who  assume  to  be  our 
pastors,  and  oiler  their  vicarious  repentance  for  the  sin  of  slavery. 
With  surprise  and  horror,  I  heard  this  announcement  of  a  policy 
which  seeks  through  poverty  and  degradation  the  extinction  of  a 
race  of  human  beings  domesticated  iuuoiig  us.  We,  sir,  stand  in 
such  relation  to  that  people  as  creates  a  feeling  of  kiiulness  and 
piciiecUon.  We  have  attaohments  which  have  grown  with  us 
from  childhood — to  the  old  servant  who  nursed  us  in  infincy — to 
iho  laim  who  was  iho  cijhujuiuoh  of  our  childUoud,  and  ihc  not  less 


tender  regard  for  those  who  have  been  reared  under  our  protec- 
tion. To  hear  their  extinction  treated  of  as  a  matter  of  public 
policy,  or  of  speculative  philosophy,  arouses  our  sympathy  and  our 
indiiination.  if  i  believed  slavery  to  be  the  moral,  social,  and 
political  evil  which  it  is  described — if  i  believed  the  advantage  of 
rendering  our  population  homogeneous  to  he  as  great  as  it  is  as- 
serted, not  then — no,  nor  if  both  were  ten  times  greater — woitld 
I  be  reconciled  to  such  a  policy  for  such  a  purpose. 

It  has  been  usual  for  soul  hern  men  to  decline  any  discussion 
about  the  institution  of  domestic  slavery,  in  the  midst  of  which 
they  have  grown  up,  and  of  which  they  may  be  supposed  to  know 
snmetliinu,  however  vituperative  and  unfounded  the  accusations 
made  against  it.  Agreeing  in  the  general  propriety  of  this  course, 
i  nevertheless  projjose,  on  this  occasion,  to  depart  from  the  ordi- 
nary practice.  The  question  is  forced  upon  us  by  our  northern 
brethren  to  such  extent  that  silence,  if  persevered  in.  might  be 
construed  into  admission  of  the  truth  of  their  accusations.  In 
debates  of  Congress,  by  the  press,  by  legislatures  of  the  States, 
in  the  pulpit,  and  in  primary  assemblies  it  has  become  customary 
to  denounce  slavery  as  a  political  evil,  as  a  burden  on  the  govern- 
ment, as  the  sin  and  opprobium  of  the  nation — as  destructive  of 
good  order  antl  human  atlvaneement.  as  a  blighting  curse  on  the 
section  where  it  exists,  and  a  gangrene,  extending  its  baleful  in- 
fluence to  every  portion  of  the  Union.  Now,  sir,  upon  what  do 
these  assumptions  rest?  liave  we  beenless  faithful  as  citizens- 
have  riots,  conflagrations,  or  destruction  of  private  property  been 
more  frequent  in  the  slave  than  in  the  non-slave  Stales?  Have 
their  churches  been  less  harmonious,  their  tlivincs  less  pious,  their 
statesmen  less  eminent,  their  soldiers  less  efficient  than  yours  ? 
If  not,  then  why  this  unwarrantable  ilenunciation — why  tliis  un- 
founded assumption  ?  If  it  be  a  sin,  you  are  not  otherwise  involved 
than  by  your  connection  with  its  introduction — W'ith  its  existence 
you  have  nothing  to  do.  As  owners  of  the  commercial  marine, 
you  were  the  importers  of  Africans — you  sold  them  in  the  South — 
you  are  parties  to  a  compact  which  recognizes  them  as  property 
throughout  tlie  United  States,  and  secures  to  their  owners  rights 
which,  but  for  the  confederation,  would  have  been  local.  Show, 
then,  your  repentance,  if  you  feel  any,  for  having  contributed  to 
the  increase  of  this  property,  by  observing  the  obligations  imiiostd 
by  the  circumstances  of  the  case  upon  you;  and  the  rights  recog- 
nized in  the  fundamental,  paramount  law  of  our  Union.  The  con- 
stitution did  not  create  the  institution  of  domestic  slavery — it  was 
no  part  of  the  object  for  which  it  was  formed,  to  determine  what 
shouhl  be  property,  but  an  important  portion  of  its  duty  to  gene- 
ralize and  protect  the  rights  of  citizens  beyond  the  limits  of  State 
jurisdiction.  From  this  duty  has  arisen  all  the  intermediate  acts 
m  relation  to  slave  property,  yet,  at  this  late  period  of  the  prac- 
tice under  our  constitution.  Senators  assert  that  slavery  is  so  pure- 
ly local,  that  il  a  master  pass  with  his  slave  into  the  limits  of  a 
State  or  territory  where  such  property  is  not  recognizeij  bv  local 
law,  the  slave  by  that  act  becomes  free.  This  is  in  keeping  with 
the  legislation  of  those  States  in  which  the  legal  and  eonstiiution- 
al  obligations  to  surrender  fuoitive  slaves  have  been  nullified.  It 
is  in  keeping  with  the  repeated  declaration  here,  made  with  the  con- 
descending air  ot  a  sovereign  granting  a  favor — that  there  is  no 
intention  to  interfere  with  slavery  as  it  exists  in  the  States,  but 
that  its  further  extension  cannot  be  permitted.  Do  Senators  for- 
get that  this  government  is  but  the  agent,  the  creature  of  the 
Slates — that  it  derives  its  powers  from  tliem — not  they  their  rights 
or  institutions  from  it.  Slavery  existed  in  the  States  before  the  for- 
mation of  the  constitution — it  needed  no  guarantee  within  their 
limits — its  recognition  beyoi;d  this  was  part  of  the  more  perfect 
Union,  as  its  protection  against  all  enemies  whomsoever  is  part 
of  the  common  defence  for  which  that  constitution  was  adopted. 
There  is  not  a  more  prominent  feature  in  the  federal  compact  than 
the  prohibition  to  the  States  to  interfere  with  commerce.  But  if 
a  ciiizen  of  Maryland  cannot  pass  through  Pennsylvania  or  Ohio, 
en  bis  way  to  Kentucky  or  Missouri  without  submitting  his  prop- 
erty to  the  tests  of  those  States  through  which  he  is  merely  trav- 
elling, the  right  to  free  commerce  among  the  States  has  no  prac- 
tical value.  The  right  to  uninterruptetl  transit  is  not  varied  by 
the  character  of  the  property — the  power  is  the  same,  whether 
the  question  arise  upon  a  slave  or  a  bale  of  goods.  There  is  no 
discretionary  power,  and  a  total  prohibition  would  be  less  olfensivo 
than  an  invidious  distinction,  claiming  lo  spring  from  a  moral  supe- 
riority. Each  Stale  is  responsible  for  its  own  institutions — the 
sovereignty  and  coequalily  of  all  the  States  forbid  the  idea  of 
moral  responsibility  on  the  part  of  one  for  the  acts  of  another,  if 
slavery  be  a  sin,  it  is  not  yours,  it  does  not  rest  U)ion  your  action 
for  its  origin,  or  your  consent  for  its  existence.  It  is  a  common- 
law  right  to  properly  in  the  service  of  man — it  traces  back  to  the 
earliest  government  of  wh  ch  we  have  any  knowledge,  either 
ainong  Jews  or  Gentiles,  its  origin  was  Divine  decree — the 
curso  upon  the  graceless  son  of  Noah.  Slavery  was  regulated  by 
the  laws  given  through  Moses  to  the  Jews.  Slaves  were  to  be  of 
the  heathen,  and  with  their  offspring  to  descend  by  inheritance  : 
thus,  in  the  main  particulars,  being  identical  with  the  institution 
as  it  exists  among  us.  It  was  foretold  of  the  sons  of  Noah  that 
Japhel  should  be  greatly  extended,  that  he  should  dwell  in  the 
tents  of  Shem,  and  Canaan  .should  be  his  servant.  Wonderfully 
has  the  prophecy  been  fulfilled — and  hero  in  our  own  country  is 
the  most  striking  example.  When  the  Spaniards  discovered  Aine- 
rica  they  found  it  in  the  pti.ssession  of  the  "  Indians" — many  tribes 
were  enslaved,  but  the  sons  of  Shem  were  not  doomed  to  bondage 
— they  were  restless,  discontented,  and  liberated  because  they 
vrcro   unprolituhle.     Their    pluces   werij    supplied  by  lUe  sons 


July  12.] 


THE  OREGON  BILL. 


877 


of  Ham    brought   across    the   broad  Atlantic   for  this  purpose— 
tliev    came   to    their    destiny,    and    were    useful  and    contented. 
Over  tlie   Treater  part  of  the  continent  Japhet  now   sits  in  the 
tentsof  Shem.  and  in   extensive   regions  Canaan    is   his  servant. 
Let  those  who  possess  the  best  opportunity  to  judge,  the  men  who 
have  <'rown  up  in  the  presence  of  slave  institutions  as  they  exist 
in  the'^United  States,  say  if  their  happiness  and   usofulness  do  not 
Drove  their  present  condition  to  be  the  accomplishment  ol  an  all- 
\vioe  decree,  which  may  have  for  its  end  the  preparation  ol  that 
race  for  civil  liberty  and   social   enjoyment.     Compare  the  slaves 
in  the  southern  States  with  recently  imported  Africans,  as  seen  in 
the  West  Indies,  and  who  can  fail  to  be  struck  with  the  immense 
improvement  of  the  race,  whether  physically,  morally  or  inte  lee- 
tuallv  considered.     Compare  our  slaves  with  the  free  blacks  ot  the 
northern  States,  and  you  find  the  one  contented,  well  provided  for 
in  all  their  physical  wants,  and  steadily  improvincr  in  their  moral 
condition  ■  the  other  miserable,  impoverished,  loathsome  from  the 
deformity  and  disease  which  follows  after  penury  and  vice,  cover- 
in-  the  records  of   the  criminal   courts,  and  tillin<:  the  penUentia- 
ries      Mark  the  hostility  to  caste,  the   social  degradation,  which 
excludes  the  able  from   emplovment  of  profit  or  trust,  and  leaves- 
the  helole"=s  to  want  and  neglect.     Then   turn  to  the  condition  of 
.is  race  in  the  States  of  the  South,  and  view  them  in  the  relation 
nf  sl-vvc«      There   no  hostility  exists  against  them— the  master  is 
the  natural   protector  of  his  slave,  and   public   opinion    common 
feelin-,  in-re  interest  would  not  allow  him   to  neglect  his  wants. 
Tho  e   who  urge   that  exclusion  of  slavery  from  the   tcrniories 
does  not  exclude  the   slaveholder,  because   he   may  dispose  o    his 
moDcrty  before  emigi'ation,  show  such  mahility  to  comprehend  the 
attachment   which   senerally   subsi-sts   between  a  master  and  his 
slaves   that  I  will  only  offer  to  them  interest  as  a  motive  for    he 
care  which  is  extended  to  those  persons-securing  comlort  to  the 
aZdandtotheinlant,  attention  to   the   sick,  and  adequate  pro- 
vf-ion  to  all.     Such  is   the  difference  between  the  condition  of  the 
f  cL   and    slave    blacks    under    circumstances    most  favorable  to 
6manc"pation.     Does   it   warrant   the   desire  on  the  part  of  any 
Wend  Sthat  dependent  race  to  hasten  upon  them  responsibibues 
fo    which  they  hive  shown   themselves  so   unequal  ?       1  any  sha  1 
believe  that   the   sorrow,  the  suffering,  the  crime  which  they  wit- 
ness amon<.  the  free  blacks  of  the  North  have  resulted    rom  their 
degradation   by  comparison  with  tho  white  race  around  them,  to 
such  I  answer,  docs' the   condition   of    St.  Domingo,  of  Jamatoa, 
„  ve  higher  evidence?  or   do  the   recent   atrocities   in  St.  Marti- 
i^que  e'ncourage  better  hopes?     Sir,  this  problem   is   one  which 
m  "t  brin-T  its  own  solution,  leave  natural  causes  to  their  full  el- 
feet   and  when  the  time  shall  arrive  at  which  emancipation  is  pro- 
4r   those  most  interested  will  be  most  anxious  to  effect  it.     But 
as  the  oblin-alion  is  mutual,  so  must  the  action  bejomt  ;  and  it  is 
quite  within  the  ranee  of  possibility  that  the  masters  ni»y  des're  it 
?,.i»n  their  slaves   will  o'.  ieot.  as  was  the  case  when  the  serfs  of 
Russia     efiised   to   be  liber.ited  by   their  landlords.     Leave   tne 
country  to  the  South  and  West  open,  and  speculation  may  see  in 
?he  d  stant   future   slavery  pressed  by  a  cheaper  labor  to  tropical 
e^ions   where  less  exertion  being  required  to  secure  a  support 
ihSr  previous  preparation  will  enable  them  to  live  m  independent 
comm   nitics.     They  must  first  be  separated  from  the  wlii.e  man, 
be  r" iev  d  from  the  condition  of  degradation  which  will  always 
attac    to  them  whilst   in   contact  with  a  superior  race,  and  they 
must  be  elevated  by  association  and  instruction-or,  instead  of  a 
bles  in',  liberty  would  be  their  greatest  curse.  Under  these  cons,,^ 
rations"!  cannot  view  the  policy  proposed  to  dam  them  up  by  the 
uresen'  lim"''  "^  ^he  slave  States,  as  having  one   point  either  of 
human  ty  or  sound  policy  to  recommend  it   or  that  it  can  do  other- 
wire  thaVperpetuate  slavery  even   beyond  its  natural  term  in  the 
tjf^tpQ  \rhere  it  now*  exists. 

Whenxho  colonies  made  common  cause  against  the  parent  conn- 
try  and  conquered  their  independence,  no  one  Sta  e  claimed  the 
rlLfio  interfere  with  tho  domestic  affairs  of  another  ;  each  was 
reco"'ized  sovereign  within  its  limits,  and  all  were  disposed  to 
reeogn  zeu   s  ^      f^^^lin^s  of  each  ;  had  it  been  otherwise  our 

;:Xd  1^0. 'wouM  never  have  been   iormcd.     This  is  changed 
and  strange  as  it  may  appear,  the  change  follows  the  action  of  tl  e 
tprv  Government  whose  interference  with  the  domestic  affairs  ol 
Ih7eolon  es      d  to  ,be  revolution,  stranger   still  the  first  State^to 
fnUow  Ts  the  same  which  was  most  oppressed  in  the  colonial  con- 
[{it  on,' and   to  her  honor  be  it  remembered,  first  raised  the  stand- 
ard of  revoluiionary  resistance.  ,  ,      •  ,r    ™    «,    n« 
When  it  was  discovered  that  colored  foreigners  (from   St.  Do- 
™iro)   had   insticrated  the   blacks  of  Charleston  to  murder     he 
wifes  and  burn  the  city,  as  a  measure  of  policy  warranted  by  hu- 
mai  itv  and    necessary  for   security,  a  law  was   passed  to   exclude 
Lci"n  colorcu  persons  from  the  city.     For  lourtcen  years  this  aw 
was  enforced   without  obicelion;  then   came  British  emancipahon 
Tn  the  West  Indies,  Britisli  agititation,  British  publications  agans 
Llav^V   and  then  for  the  first  time  Massachusetts  discovered    ha 
a  duty  was   imposed  on   her  to  resist  a  law  necessary  to  protect 
the  Ives   and  property  of  those  for  whom  it  was   passed,  a  poliee 
r^iit'on  not  directed  against  her  inhabitants,  but   general  in  its 
eS.  t  and"u"nmist'akeable  m  its  purpose      In'b^day  of    er  colonial 
tribulation,  Massachusetts  sent  an  ambassador  to  South  ^annma. 


security  to  property  had  rendered  similar  regnlations  "eeessary. 
AH  this  lor  the  maintenance  of  a  speculative  philosophy  which 
sees  no  guilt  in  crimes  flowing  from  it,  and  asks  lor  no  practical 
result.     Of  all  who   engage  in  this  agitation   on  the   question  ol 
slavery,  this  indecent  intrusion  on  the  aomesiic  afiairs  ol  others;  I 
ask  what  remedy  do  you  propose  >.     We  have  heard  you  denot.nce 
it  in  coarsest  abuse.     We   have  felt   your  interference  by  legisla- 
tive enactment  to  render  our  property  less  secure,  by  individual  or- 
oanization  to  seduce  our  slaves  from  comfort  and  contentment,  to 
Turn   them  pennylcss   upon  a  community  where  they  are  despised 
and  oppressed,  and  in  a  climate  to  which  by  eonslitution  they  are 
uusuited      We  have   seen   you  unite   with  our  foreign   enemies  to 
d-famu  us,  and  join  those  who  for  commercial  purposes  have  warred 
aeainst  slavery  as  the  cause  of  our  supremacy  in  the  cotton  market 
of  the  world.   '  But  we  have  not  seen  the  good  you  have  done,  or  any 
other  effect  ymi  have  wrought  than  to  generate  distrust  among  the 
whites,  and'lo   produce  a  necessity  loi   increa-scd  rigor  over  the 
slaves.     What  then  do  you  propose  ?     You  speak  ol  emancipation 
but  you  know  that  immediate  emancipation  is  impractable:  that  il 
the  States  would  con^ent,  tho  Treasury  ol  the  lederal  government 
would  not  approximate  the  purpose.     More  than  this,  you  know 
Uiawilhou   'slaves  cotton  could    not  be   produced  to  supply  your 
factories,  and   that  ruin  and  want   would  .talk  oyer  your  own  v  1- 
aUs,  where   now  wealth    and  plenty    reign.     What    prompts   to 
yo'ur  Agitations.     Not  an  instinctive  opposition  '", !"^■°''";'"y«^• 
viluderus  is  shown  by  your  readiness  to  give  va  idity  to  the  Mexi- 
..L«  laWs  over  Calilo.nia  and  New  Mexico,  and  thus  continue  the 
Peon   system,  far   more  harsh   and  repulsive  to  my  mmd  than  our 
domestic    slavery.     1-iabie  to   the  same   abuses,  but   without  the 
cont^^Umg   lest'aint  which  interest  and  the  '<='-'■-'.'",?--"-' 
dependence  creates   in  the   case  ol   the  slave.     Is  it  love  lor   the 
Alrkl?  No  !  his  civil  disability,  his  social  exclusion,  the  laws  pass- 
ed   by  some  of  the  non-slave   States  to  urevent  h.ni  li     -ee,     om 
settlii,"  within  their   limits,  show  beyon.!  the   possibility  of  doubt-, 
Uia?  springs  from  no   alTcetion  for   the  slave.     Is  "  « '°   ^T"! 
conviction  that  therecannot  be  property  in  persons  ?  No  !  you  im- 
porled    Africans  and    sold  them   as  chattels   m  tho  slave  markets, 
and  you  are  constantly  objecting  to  their  representation  as  persor3 
in, ho  councds  of  the  federal   government      Is  ,t  because,  as  has 
been  said   in  this  debate,  slavery  is  a  burden  on  the  government 
diminishing  its  power  in  peace  and  in  war?     If  so,  let  the  exports 
o  Ttuntrv  answer,  what  section  of  the  Union  contributes  most 
to  supply  our  Treasury;  let  the   history  ol  our  w-ars  reply,  as  to 
he    n'linbcr   and   conduct  of  the   troops   which    the    slavehold  ntf 
States  have   given  to  the  service  ol  the  country.      T  ose  answers 
n  us    show  that  this  position  is  wnoUy  untenable.     X  he  only  con- 
clusion is  that   you  are  prompted  by  the  lust  ol  power   and  an  u- 
rational  hostility  to  your  brethren  ol  the  South       I  say  irrational, 
becausi  an  injiuv    intlicted  upon  us  would  -|;e'>,  X'' "Te  c'ta-' 
and  because  the  sons  of  the  South  may  proudly  challenge  the  e  la- 
Ton  of  an  instance  when   they  have  opposed   the  interes    of  the 
North,  because  it  was  such  ;  or  been  recusant  to  any  of  the  com- 
oromiscs  of,  or  under  our  constitution.  ,    n       .i» 

■^Whilst  northern  men  contend  that  the  slave  States  shall  not  be 
extended,  by  participation  in  any  acqmred  territories,  they  should 
remembe  ,  ancl  bb.sl  to  remember  that  Oregon  was  acquired  by  a 
treaty  Uch  ceded  a  large  southern  territory,  and  that  southem 
men  have  been  throughout,  those  who  have  led  in  the  efforts  to  se- 
cure exclusive  possesion  of  Oregon.  Floyd,  Ben  "n,  and  Lun, 
stopped  not  to  balance  political  power,  nor  paused  ""'"heir  la- 
bors  to  secure  Oregon  to  the  settlement  and  use  ol  our  own  peo- 
p°e  because  its  climate  and  productions  indicated  theUuure  erec- 
tion of  non-slave  States.  I  have  claimed  f-' .-•""7«  "'J;"/!": 
they  have  faithfully  adhered  to  all  compromises.  Is  H'ere  one 
wh  eh  has  been  luliv  kept  by  the  opposite  party  ?  The  ordinance 
of  1737,  which  can  only  be  considered  a  compact  by  subsequent  ac- 
quiescence,  contained  a  provision  for  the  restoration  ol  lugilno 
slaves  tha  being  the  only  consideration  given  to  the  South.  It 
has  been  flagranUy  violated.  In  establishing  the  ratio  ol  repre- 
sentation  tliS  South  compromised  by  deducting  two-fifths  of  the 
persons  held  to  service,  and  the  North  has  been  rom  that  time  to 
Uds  endeavoring  to  get  rid  of  the  compromise.  W  ilhout  a  shadow 
o  propriety,  the  admission  of  Missouri  as  a  Slate  ol  the  Union 
wa^op'^osed'because  of  her  domestic  institutions   the  ^'-vc  States 

to  scciire  harmony  conceded  ihat  ^'^^■"[.''"'"'VnorTif  36»  3o" 
all  the  remaining  part  of  the  territory  whu-h  svas  north  ol  3b    30  , 
but  now  when  other  territory  is  aciiuired,  the  North  "-=>"'»''•? 
be  free   territory,  and  refuse  to  declare  the  territory  south  ol  3b 
30'  to  be  open  fo  the   introduction  of  slaves    an  good  laith   would 
requre, It  their  assertion  were  tenable,  and  the  territory  iiilact  not 
e  ,r  ly  open  to  the  property  of  all  the  people  of  the  b  nited  St.  es 
But  i.  named  by  suL-ess  in  former  contests,  you  inarch  boldl)  to 
the   CO    1  et.  and  demand  the  whole.     The  mask  is  off,  the   pur- 
pose   is  avowed,  that  there   shall  be  no  further  extension  ol      tl^ 
slave  power  "     The  question  is  before   us,  it  is  a  struggle  for  po- 
litTcal  powe  ,  and  we  must  meet  it  at  the  threshold.     Concession 
has  bce"^  but  the  precursor  of  further  aggression,  and  the  spirit  of 
compromise  has  d^iminished  as  your  relative  P"-" '"""^  ^^^  J^  ! 
sacrifices  which   tho  South  has  m  other  f""-  '"^''^^^  preceden  s 


878 


THE  OREGON  BILL. 


fWEDNfiSDAY, 


mands  caution  on  onr  part.  If  to  contend  for  principle  tha  praeti. 
cal  effect  ol'wiiich  may  be  remote,  is  an  abstraction,  then,  sir.  the 
•war  of  the  revolution  and  the  war  of  1812.  so  far  as  the  South  was 
concerned,  were  both  fouf,'ht  for  abstractions.  In  the  colonial  con- 
dition the  southern  States  were  especially  fostered  by  Great  Bri- 
tain, and  their  prosperity  was  rapidly  increasing  at  the  commence- 
ment of  hostilities  apainst  the  mother  country.  The  acts  of  un- 
just and  oppressive  legislation  were  applied  to  the  northern  colo- 
nies. Sympathy,  fraternal  feeling,  and  devotion  to  principle, 
brousht  the  South  to  your  side  in  your  first  step  to  resistance. 
Af^ain  int  he  war  of  1812,  it  was  your  seamen,  not  our's,  who  were 
impressed,  and  ajjain  from  devotion  to  principle,  and  the  oblitja- 
tions  of  our  alliance,  the  South  stood  foremost  in  that  conflict. 
The  blood  of  her  sons  stained  the  battle-fields  from  Niagara  to 
New  Orleans  ;  her  exports,  main  dependence  for  her  support,  were 
cut  oU,  and  distress  came  to  every  hamlet  and  cottage  ;  yet  she 
murmured  not,  railed  not,  raised  not  the  standard  of  opposition 
against  the  government  whilst  engaged  in  a  foreign  war. 

I  have  said  that  the  South  has,  on  all  occasions,  been  prompted 
by  a  sincere  desire  for  domestic  tranquillity,  and  an  ardent  love  for 
the  Union.  The  conduct  of  her  sons  on  this  occasion  has,  I  think,  sus. 
tained  her  past  character.  To  prevent  further  agitation,  to  se- 
cure peace,  to  perpetuate  our  Union,  I  am  willing  to  go  as  far  as 
my  p.  inciples  will  allow.  To  compromise  it  is  necessary  that  both 
parlies  should,  to  some  extent,  yield.  To  prevent  continuance  of 
the  agitation,  it  is  necessary  that  the  conditions  of  the  compromise 
should  be  express  ;  that  nothing  should  be  left  to  doubtful  construc- 
tion. Finally,  the  value  of  any  compromise  we  may  make,  must 
depend  on  the  feelings  of  those  fur  w  honi  it  is  made,  and  to  whom 
it  is  entrusted.  If  the  spirit  ol  compromise  has  departed  from 
cur  people,  it  is  idle  to  propose  its  forms.  If  the  princi- 
ples of  the  constitution  are  to  be  disregarded  by  a  self-sus- 
taining majority,  the  days  of  the  confederation  arc  number- 
£«d.  The  men  who  have  encountered  past  wars  for  the  main- 
tenance of  principle,  will  never  consent  to  bo  branded  with 
inferiority,  pionounced  because  of  their  domestic  institutions  un- 
worthy of  further  political  growth.  If  such  be  your  determination, 
it  were  better  that  we  should  part  peaceably,  and  avoid  staining 
the  battle  fields  of  the  revolution  witli  the  blood  of  civil  war.  Abra- 
ham said  to  his  nephew  Lot,  when  strife  arose  among  their  peo- 
ple, "  Go  thou  to  the  right  hand,  and  I  will  go  to  the  left,  and  let 
there  be  peace  between  us." 

If  the  folly,  and  fanaticism,  anil  pride,  and  hate,  and  corruption 
of  the  day,  are  to  destroy  the  peace  and  prosperity  of  the  Union, 
let  the  sections  part  like  the  patriarchs  of  old,  and  let  peace  and 
good  will  subsist  among  their  descendants.  Let  no  wounds  be  in- 
iiieted  which  time  may  not  heal.  Let  the  flag  of  our  Union  be  folded 
up  entire,  the  thirteen  stripes  recording  the  original  size  of  our  fa- 
mily, untorn  by  the  unholy  struggles  of  civil  war  ;  its  constella- 
tion to  remain  undimmcd,  and  speaking  to  those  who  come  after 
us  of  the  growth  and  jiiosperity  of  the  family  whilst  it  remained 
united.  Unmutillated  let  it  lie  among  the  archives  of  the  repub- 
lic, on  some  future  day  when  wiser  counsels  shall  prevail  ;  when 
men  have  been  sobered  in  the  school  of  adversity,  again  to  be  un- 
furled over  the  continent-wide  republic. 

Sir,  is  the  paltry  consideration  of  political  supremacy  over 
those  who  do  not  possess  the  power,  ar.d  have  never  shown  the  de- 
sire to  intrude  on  the  domestic  afTairs,  to  impede  the  growth,  or  to 
mar  the  prosperity  of  their  nothern  brethren  ?  Can  such  consider- 
ation palliate  this  crusade  against  the  South  ?  Shall  the  fabric  of 
human  liberty  and  republican  government,  which  was  founded  and 
bnilt  by  the  wi.sest  and  purest  of  our  land,  and  left  as  a  heritanee 
for  their  children  forever,  be  torn  down  by  the  first  j;cneration 
which  succeeded  to  it,  and  left  in  niinj  an  object  for  the  republi- 
can's pity,  the  monarchist's  scorn. 

I  hear  and  see  the  agitation  of  politicians,  bnt  from  these  I  turn 
to  the  people  ;  in  their  patriosm  and  good  sense  is  my  hone  and 
confidence.  They  have  no  interest  beyond  the  public  good.  To 
them,  ill  this  critical  emergency,  this  imminent  hazard,  I  look  for 
safely,  tru-.ting  that  they  will  reject  every  interpolation  on  our 
compact  which  may  endanger  the  perpetuity  of  our  Union,  and 
consign  to  the  obscurity  they  merit  every  demagogue  who  caters 
to  popular  excitement,  and  seeks  to  elevate  himself  by  an  agita- 
tion which  draws  in  its  tram  the  destruction  of  the  compromises, 
the  subversion  of  the  principles  on  which  the  durability  of  our 
confederacy  depends. 

Mr.  President  :  I  have  intentionally  extended  my  remarks  to 
many  jioints  not  involved  in  the  amendment  I  proposed  to  the  Se- 
nate. That  amendment  was  confined  to  the  case  presented  by  the 
bill  under  consideration,  which,  lliough  not  in  terms,  does  in  fart 
as  I  have  shown,  aiithoiizo  the  prohibition  of  slavery  in  Oregon. 
It  asks  no  ailditiona!  guarantee,  no  privilege,  no  ronceswion,  but  is 
to  prevent  a  construction  whicli  would  recognize  in  the  lederal 
government,  as  in  those  who  derive  their  authority  from  it,  power 
to  control  the  subject  of  slavery  without  the  ciincurreiico  of  the 
Stales.  If  this  amendment  be  rejected,  I  shall  view  it  as  ominous 
of  the  future,  and  stand  prepared  for  whatever  conssquences  may 
follow. 

Mr.  CLAYTON. — This  debate  has  been  extended  to  a  very 
great  length.  I  do  not  rise  for  the  purpose  of  endeavoring  to  ar- 
rest It.  It  is  apparent,  however,  I  think,  from  its  projjrcss  thui 
far,  that  it  is  calculated  rather  to  exasperaie,  than  to  conciliate 
and  mollify.  Different  views  have  been  presented  by  Senators  who 
have  participated  in  the  discussion,  and  various  anicndmentu  have 
)?eea  proposed  tg  llie  bill  now  uadcr  considcrutioii.    Those  ameud- 


menu  clash  entirely  with  each  other,   and  we  have  not  been  able 
to  ascertain,  even  after  this  protracted  debate,  upon  what  ground 
the  Senate  is  prepared  to  settle  this  great  question,  if  any  settle- 
ment of  it  can  be  made  at  all.     We  have  not  been   able  to  ascer- 
tain what  the  sentiment  of  the  Senate  is  upon  the  subject,   and  it 
seems  to  me  as  if  we  have  been  in  session  now  quite  as  long  as 
Congress  is  usually  in  session — it  seems  to  me  I  say,  highly  im- 
portant  that  we   should   know  something   of  each   other's   views. 
We  have  done  nothing  thus  far  to  ascertain  what  the  views  of  the 
Senate  will  be,  nor  do  I  conceive  that  we  are  likely,  if  the  debate 
runs  on  toan  indefinite  period,  toascertain  those  views.     It  seems 
to  me  then,  that  at  this  stage  of  the  session,  and  under   these  cir- 
cumstances, something  should  be  done  to  ascertain,  if  possible,  what 
the  sense  of  the  Senate  is  upon  this  great  question.     As  the  debate 
progresses,   new  amendments  are  oflVred,  and  if  it  continue,  it  is 
highly  probable  that  we  shall  have  many  other  propositions.     Now_ 
at  this  time,   the   question  may  be  said  to  be  placed  before   one  ol 
the  committees  of  this  body — the   Committee  on  Territories — of 
which  I  am  a  member.     That  committee  has  no  desire  whatever 
to  avoid  the  responsibility  thrown  upon  it  by  the  Senate.     It  is  per- 
fectly willing  to  do  its  duty,  and  its  whole  duty,  on  this  great  sub- 
ject.    It  in  now  preparing  a  bill  on  the  subject;  but   that  commit- 
tee, as  all  are   aware,  at   present  consists  of  only  four  members; 
and  I  would  ask,  is  it  probable  that  having  been  constituted  origi- 
nally without  any  reference  to  this  subject,    is  at  all  likely  that   it 
can    report   anything   satisfactory  to  the   Senate'     Is   it    probable 
that  such  a  committee  ciuld  reconcile  conflicting  opinion  upon  this 
o-reat  subject?     Is  it  likely  that  that  committee  can  present  all  the 
views   and   information  which    the  Senate  would   require?     I  have 
been  present  in  this  chamber,  when  a  question  of  as  great  magni- 
tude as  the  present  was  before  it,  and  recollect  very  well  the  course 
adopted  by  the  Senate  on  that  occasion;  I  refer  to  the  compromise 
tarilFof  184'.i.     The   ordinary  committee  of  the  Senate,  to  which 
the   subject  might  have  been  referred,  were  discharged  from  the 
consideration  of  it,  and  it  was  placed  in  the  hands  of  a  special  com- 
mittee of  seven  members,  through  whose  intervention  and  agency, 
the  question  was  disposed  of,  as  I  think,  to  the  satisfaction  of  the 
country.     At  the  time  of  the  Missouri  compromise,   efforts  wore 
made  in  vain  to  settle  that  question  through  the  ordinary  commit- 
tees of  the  body,  and  it  was  eventually  settled  by  a  committee  of 
conference,  consisting  of  eight  members,  three  from  the  Senateand 
five  from  the  House.     The  members  of  that  committee  represent- 
ed the  various  sections  of  the  United  States,  and  were  enabled  to 
inform  each  other  of  the  feelings  and  views  of  every  part  of    the 
country.     By  them  the  question  was  settled  in  a  satisfactory  man- 
ner.    I  am  deeply  impressed  with  the  conviction,   that  if  the  im- 
portant question  now  before  the  Senate  be  settled  at   all,  it  must 
be  by  the  same  means  that  were  adopted  in    the  cases  to  which  I 
have  referred,  and  if  the  question  is  not  to  be  settled,  it  is  highly 
important  that  somebody  should  be  constituted  by  the  Senate,  pos- 
sessing power  and  influence  enough  to  be  able  to  satisfy  us  on  that 
point,    so  that  we  may  in  that  case  drop   the  consideration  ot   the 
subject — terminate  the  debate  which  is  exciting  and  agitating  the 
whole  nation — proceed  to  discharge  our  other  duties  and  go  home. 
Now,  with  the  view  to  concentrate  0|)inion,  if  it  be  possible  to  act 
with  effect,  or  if  not,  with  a  view  to  ascertain  that  fact  so  that  we 
may  proceed  to  discharge    the   pressing   business  of  the   country, 
leaving  this  question  to  ihe  future,    I  move    that    a  committee  ol 
eight  members  be  appointed  by  the  Senate  for  the  purpose  of  taking 
this  question   under   their   consideration,   to  be   composed  of  four 
members  from  the  northern  section  of  the  Union,    and   four   from 
the  southern,  to  be  chosen  by  ballot.     If  the  Senate  should  adopt 
this  proposition,  I  would  suggest  that  the  committee  should  be  so 
organized  as  to  make  it  apparent   to  the  whole  country  that  this 
is  no  party  movement;  in  other  words,   that   two  of  the  members 
from  the  North  should  be  chosen  from  one   party,  and    two  from 
the  other,  and  so  with  respect  to  the  members  from  the  South. 

Mr.  FOOTE. — I  was  one  of  those  who  were  exceedingly  grat- 
ified a  few  days  since,  when  the  olive  branch  was  extended  to  the 
South  by  northern  hands.  I  refer  to  the  suggestions  made  in  re- 
gard to  the  Missouri  compromise,  Deeply  regretting  the  gene- 
ral temper  and  tone  of  this  debate,  which  have  been,  in  my  judg- 
ment, well  calculated  to  extinguish  harmony  and  cause  discord, 
and,  perhaps,  worse  consequences  to  spring  up  in  our  midst.  I 
can  say  with  great  sincerity,  and  am  confident  that  I  do  not  stand 
alone  in  the  expression  of  that  sentiment,  that  1  feel  greatly  re- 
joiced at  the  proposition  which  has  just  been  made  by  the  distin- 
guished Senator  Irom  Delaware.  I  hope  it  \»ill  be  met  in  the  spi- 
rit ill  which  it  has  been  oflTered.  and  I  have  risen  only  for  the  pur- 
pose of  expressing  tliat  desire,  and  making  a  reply  to  an  observa- 
tion which,  if  unresponded  to.  might  perhaps,  to  some  extent,  in 
the  estimation  of  some,  iinjilicate  others  anil  my^elf  in  a  supposed 
unilerstamling  that,  if  this  committee  shall  nt>t  be  able  tti  adopt 
some  plan  of  compromise,  the  Senate  is  to  regard  itself  as  prohib- 
ited fiom  any  further  etlorts  in  its  general  legislative  capacity,  to 
arrive  at  the  same  object.  I  simply  wish  to  be  distinctly  uiiiler- 
Btood  on  this  point,  that,  whilst  warmly  approving  the  proposition 
of  the  Senator  from  Delaware,  even  though  the  efforts  which  he 
proposes  to  be  made  should  not  be  successful,  I,  for  one,  shall 
feel  bound,  as  I  intimated  some  time  ago,  in  case  the  matter  bo  not 
settled  in  this  way,  to  struggle  on  as  a  member  of  this  body  in  the 
effort,  by  every  sort  of  legitimate  and  proper  expedient,  to  bring 
about  a  settlement  of  this  much  vexed  and  perilous  question.  I 
shall  never  be  willing  to  go  home  leaving  this  question  open  and 
undivided,  apprehending,  as  I  do  most  sincerely,  the  worst  results 
trom  siicU  u  cuurso,    At  present  1  say  nothing  nioie, 


July  12.] 


THE  OREGON  BILL. 


S79 


Mr.  FITZGERALD. — I  rise  only  for  the  purpose  ot  having  an 
explanation  in  regard  to  a  charge,  unintentionally  raado,  no  doubt, 
against  the  State  which  I  have  the  honor  in  part  to  represent.  I 
allude  to  the  published  speech  of  the  very  dibtingnished  .Senator 
from  South  Carolina,  made  upon  this  floor  some  days  since,  upon 
the  subject  still  under  consideration.  That  gentleman  is  made  lo 
charge  the  norlhern  States  with  violating  the  ordinance  of  '87,  by 
the  passage  of  laws  to  prohibit  the  reelaniation  of  fucritivcs  from 
service.  Now,  what  I  desire  is,  to  appeal  to  that  distinguished 
Senator  to  do  the  State  which  I  have  in  part  the  honor  to  repre- 
sent, llie  justice  to  produce  any  such  law  from  her  statute  book, 
or,  failing  in  that,  to  declare  her  free  from  liabiliiy  to  such  a 
charge.  I  am  well  aware  that  that  gentleman  wiiuld  bp  the  last 
in  existence  to  charge  unjustly  any  State  or  any  individual.  If  I 
am  mistaken,  I  hope  the  gentleman  will  excuse  me,  and  put  mo 
ri"ht.  If  I  am  not  mislaken,  I  beg  the  gentleman  to  attribute  the 
present  appeal,  to  my  zeal  for  the  character  and  honor  of  ibat 
State. 

Mr.  CALHOUN. — I  respond  very  cheerfully  to  the  appeal  made 
by  the  Senator  from  Michigan,  but  I  am  very  sorry  to  say  that  ihe 
answer  will  not  be  satisfactory.  The  amount  of  my  lemark  was, 
that  the  ordinance  of  'S7  was  a  compromise  between  the  North 
and  the  South — that  the  South  yielded  up  to  the  northern  States 
the  exclusive  right  of  settling  the  northwest  territory,  and  that  the 
North  entered  into  a  solemn  stipulation  with  the  South,  that  they 
would  deliver  up  fugitive  slaves,  and  the  point  of  my  charge  was, 
not  that  any  specific  laws  had  been  passed,  hut  that  the  northern 
States  had  pursued  a  course  which  has  rendered  utterly  null  and 
void  that  stipulation.  I  am  sorry  to  say  that  Michigan  is  one  of 
those  Slates,  and  if  the  Senator  wants  proof  of  that,  I  refer  him  to 
a  memorial  from  the  legislature  of  Kentucky  presented  this  very 
session,  which  has  been  referred  to  a  committee  who  have  exam- 
ined all  the  facts,  and  ascertained  that  citizens  of  Kentucky,  in  en- 
deavoring to  reclaim  fugitive  slaves  found  in  Michigan,  were  over- 
powered and  prevented  from  recovering  their  property.  Now.  the 
stipulation  into  which  these  States  entered  was  not  simply  that 
they  would  not  pass  laws  rendering  that  stipulation  nugatory,  but 
that  they  should  pass  law«  to  protect  us,  and  use  their  whole  pow- 
er and  authority  for  the  purpose  of  delivering  up  these  fugitive 
slaves.  If  Michigan  have  passed  no  law  against  us,  slie  has  eith- 
er omitted  to  pass  laws  to  fulfil  that  stipulation,  or  neglected  to 
enforce  them  within  her  limits. 

Mr.  FITZGERALD.— I  beg  leave  to  state,  in  reply,  that  al- 
though individuals  in  the  State  of  Michigan  may  have  attempted 
to  prevent  the  reclamation  of  fugitive  slaves,  ret  the  State  author- 
ities are  not  to  be  charged  with  bad  faith  to  the  South.  We  have 
a  lew  abolitionists  in  that  State,  and  on  some  occasions  their  con- 
duct and  declarations  have  been  such  .as  to  cause  sincere  regret 
on  the  part  of  the  great  body  of  the  people.  The  legislature  has 
I  with   their  request,  or  passed  any  law  to 

as  I 


never  yet  complied  with  their  request,  or  passed  any  law  to  pre 
vent  the  reclamation  of  fuyitives  from  service  ;  and  so  far 
know  and  believe,  the  people  of  the  State  and  the  authorities  have 
been  anxious  to  see  the  spirit  of  that  ordinance  carried  into  full  el- 
lect.  Such,  at  least,  have  been  my  views  and  feelings;  and  so 
far  as  I  have  been  able  to  judge,  I  can  say  they  have  been  shared 
by  the  great  body  of  the  people.  I  would  ask  the  gentleman 
whether  the  State  of  Michigan,  in  its  legislative  capacity,  or  in 
any  other  capacity  as  a  State,  or  whether  the  great  body  of  its  cit- 
izens should  be  held  responsible  for  the  conduct  of  a  few  individu- 
als, who,  on  some  one  or  two  occasions,  may,  for  aught  I  know, 
have  violated  the  laws — may  have,  as  the  gentleman  insists,  vio- 
lated the  spirit  of  that  ordinance  ( 

Mr.  CALHOUN. — Michigan  was  bound  to  pass  laws  to  carry 
out  that  ordinance.  I  wish  I  could  place  my  hands  upon  the  re- 
port in  reference  to  the  facts  iiresented  in  the  memorial  from  the 
legislature  of  Kentucky.  A  greater  outrage  never  was  committed 
bj-^one  people  upon  another  than  in  that  ease.  Insult  was  heaped 
upon  injury  ;  and  I  ask,  was  the  State  jnstified  in  remaining  a 
passive  spectator?  Again,  is  it  not  known,  that  for  years,  there 
have  been  organized  individuals  in  Michigan,  who  have  run  our 
slaves  through  her  terr'tory  into  Canada  ?  Has  she  taken  any 
steps  to  prevent  that  ?  I  do  not  say  these  things  willingly,  but 
with  great  reluctance!  Would  it  were  otherwise.  I  would  re- 
joice  if  the  stipulations  of  the  constitution  were  lul filled  on  all  sidt-s; 
but,  I  must  say,  that  there  have  been  most  flagrant  violations  of 
these  stijuilations,  not  on  the  part  of  Michigan  alone,  but  on  that 
of  almost  every  one  of  the  iree  Stales. 

Mr.  CORWIN  — I  wish  to  inquire  whether  the  Supreme  Court 
has  not  expressly  decidei  that  the  States  can  pass  no  such  laws 
whatever  ? 

Mr.  CALHOUN. — My  colleague,  who  has  been  investigating 
that  subject,  will  answer  the  Senator. 

Mr.  BUTLER.— The  case  which  the  Senator  from  Ohio  refers 
lo,  I  presume  is  that  of  Pennsylvania  vs.  Prigg,  in  which  some  of  the 
judges  of  the  Supreme  Court  undertook  to  deliver  opinions  on 
questions  not  really  involved  ;  and  such  as  did  nor.  fall  within  the 
scope  of  the  authoritative  judgment  of  the  court.  The  constitu- 
tional validity  of  an  act  of  the  legislature  of  Pennsylvania,  was 
alone  involved  in  the  issue  before  the  court.  The  act  made  it  a 
felony  for  the  owner  of  a  fugitive  slave  to  pursue  and  apprehend 
him  within  the  limits  of  that  State,  without  pursuing  coriam  sta- 
tutory prescriptions  that  were  calculated,  and  perhaps  intended  to 
throw  impediments  in  the  way  ot  the  owner  in   the  pursuit  of  bis 


slave,  escaping  from  his  service.  The  defendant  had  been  ar- 
raigned before  the  State  court,  and  by  their  judgment,  was  sub- 
ject to  the  penalties  of  the  act  to  i^ay  a  large  fine,  and  he  put  lo 
hard  labor  for  seven  years,  for  no  other  otfence  than  taking  posses- 
sion— loreibly — of  his  own  properly.  The  .Supremo  Court  unan- 
imously decided  that  the  a«t  was  unconstitutional  and  void,  inas- 
much as  it  was  a  prohibition  on  the  perfect  rights  of  the  owner 
over  his  fugitive  slave — his  dominion  being  under  the  guaranties 
of  the  constitution,  as  perfect  and  complete  in  one  State  as  ir. 
another.  In  other  words,  that  no  State  bad  the  right  by  any  Slate 
statute  to  prevent  the  owner  from  apprehending  his  fugitive  slave. 
The  judgment  in  fact  went  no  further — but  a  majority  of  the 
judges  gave  opinions  going  beyond  this — and  in  their  judgment — 
individual  judgments  of  course — held  that  'he  power  ti>  legislate 
on  the  subject  of  fugitive  slaves,  exclusively  belong  to  Congress — 
and  whilst  they  hold  that  under  the  constitution,  tiio  States  were 
bound  to  deliver  up  fugitive  slaves  j  that  they  could  bo  alone  com- 
pelled to  do  si>  by  the  legislation  of  Congress.  From  ibis,  these 
judges  concluded  that  all  the  State  legislation,  whether  iniendcd 
to  retard  or  facilitate  the  owner  in  the  apprehension  if  his  fugitive 
slave  was  unconstitutional.  Seeing  the  tendency  of  those  opinions — 
for  they  were  nothing  more  than  so  many  opinions — not  essentially 
entering  into  the  judgment  of  the  court,  the  chief  justice  anil 
two  others — Thompson  and  Daniel — filed  their  own  opinions,  in 
which  they  endeavored  to  obviate  such  conscipiences  of  an  unqual- 
ified judgment  of  tlie  court. 

They  held  that  the  non-slaveholding  States  could  pass  no  laws 
to  prohibit  the  owner  from  exercising  his  constitutional  rights — 
in  reclaiming  his  runaway  slave;  but  that  they  mighl  make  such 
laws  as  would  facilitate  the  delivery,  which  the  obligations  of  good 
faith  would  seem  lo  demand  at  their  hands.  In  the  early  legisla- 
tion on  the  subject,  such  had  been  the  character  of  the  statutory 
provisions  of  most  of  the  Stales.  In  other  words,  it  was  not 
wrong  to  cooperate  by  State  action  to  carry  out  the  objects  of 
the  federal  constitution;  whilst  they  were  prohibited  from  oppos- 
ing its  provisions,  by  hostile  enactments.  The  Judiciary  Com- 
mittee— in  the  report  which  I  had  the  honor  to  submit  sometime 
Bjro — took  the  same  view,  and  gave  their  unqualified  assent  to  the 
views  expressed  by  the  chief  justice  and  his  concurring  colleagues- 
Justice  Baldwin,  in  more  judgments  than  one,  entertained  the 
8  inie  views.  I  submit  that  the  aulhoritalive  judgment  of  the  com- 
mitiee.  and  the  ojiinions  of  a  bare  majority  of  the  judges,  were  es- 
sentially dilferent  things.  When  the  opinions  shall  come  to  be 
examined,  there  cannot  be  a  question  as  to  the  weight  ol  the  ar- 
gument Icing  in  favor  of  the  views  of  the  chief  justice-  Some  of 
ibe  non-slavehuldiiig  Slates  have  taken  advantage  of  the  leucr  of 
this  decision,  and  have  framed  their  laws  in  such  a  way  as  to  make 
it  criminal  for  their  State  cifficers  to  give  any  assistance  in  the  ap- 
prehending and  delivery  of  a  liigiiive  slave.  In  this  it  was  obvious 
that  the  obligations  of  good  faith  had  been  violated.  Indeed,  the 
design  seems  to  be  to  evade  these  obligations. 

Mr.  CALHOUN. — I  would  state,  in  addition  to  the  explanation 
of  my  colleague,  that  at  the  time.  I  regarded  that  decision  as  the 
most  extraordinary  one  ever  made.  It  had  been  the  practice  of 
the  non-slaveholding  States  to  pass  such  laws,  and  their  constitu- 
tional power  to  do  so  had  never  been  questioned.  The  provision 
of  the  constitution  for  the  recovery  of  fugitive  slaves  is  connected 
with  another  immediately  in  juxtaposition  with  it — the  provision 
for  the  delivering  of  fugitives  from  justice.  Both  come  under 
what  is  called  extradition  treaties,  perlectly  familiar  to  every  pub- 
lic man,  and  as  well  interpreted  as  any  treaties  m  the  world  can 
be  interpreted.  Every  State  in  the  Union  takes  an  elTicient  part 
in  the  dili\eiy  of  fugilites  from  justice.  That  is  the  ease  also 
with  respect  lo  England.  I  appeal  to  every  man  who  has  ever 
been  in  the  State  Department,  wbclher  the  States  do  not  take  effi- 
cient steps  in  the  delivery  of  fugitives  from  justice  1  And  shall 
another  provision,  standing  in  the  conslitulion,  worded  in  the  same 
manner,  receive  a  dilferent  and  most  absurd  interpretation  ?  For, 
if  the  States  are  to  stand  by  themselves  and  make  no  ellbrts  what- 
ever, who  does  not  see  that  the  power  of  the  United  States  will 
not  be  competent  lo  fulfil  the  law,  if  the  power  of  the  United 
States  is  so  very  remoie  that  it  can  never  be  exercised  ?  Tl.o 
committee  has  reported  a  bill  wiih  a  view  lo  carry  into  efl'oet  the 
powers  of  the  United  States;  and  we  sliall  see  how  the  gentleman 
will  act  on  that  bill. 

Mr.  CORWIN.— I  am  perfectly  satisfied  that  the  Senator 
staled  ihe  decision  as  recorded  in  our  books.  It  is  enough  to  say 
that  a  majority  of  the  bench  have  decided  the  question  which  I 
proposed. 

Mr.  CALHOUN.— I  do  not  recognize  the  decision. 

Mr.  CORWIN. — I  will  not  undertake  to  say,  from  a  very  ac- 
curate criticism  of  the  case,  whether  the  point  now  suggested, 
was  brought  up  directly  before  the  court:  but  it  was  discussed  be- 
fore it,  as  one  of  the  questions  necessary  to  arrive  at  the  decision 
on  the  main  point;  and  being  discussed  by  the  counsel  on  both 
sides,  the  question  was  as  fully  decided  by  the  court  as  any  other 
brought  before  them.  In  regard  to  the  legislation  of  the  Slates, 
I  am"not  prepared  to  oay  whether  the  gentleman  from  South  Car- 
olina  is  fully  correct  in  the  statement  of  his  views.  But  I  ihink 
the  gentlemen  from  the  South  have  allowed  iheir  sensibiUties  to 
be  quite  too  much  excited  on  this  subject-  Wiih  regard  to  ihe 
tr.ansactions  relerred  to  in  Kentucky,  there  has  been  a  great  mis- 
take as  to  the  facts.  Commissioners  were  sent  on  behall  ol  the 
State  of  Kentueky  to  the  State  of  Ohio,  for  the  purpose  of  negoiia- 


880 


THE  OREGON  BILL.' 


[Wednesday, 


ting  a  treaty  of  extradition,  as  tlio  gentleman  from  South  Caro- 
lina calls  ii;  and  I  have  only  to  sav,  that  we  did  not  imprison 
them  nor  send  them  home.  We  allowed  them  to  remain  at  our 
court,  where,  with  the  help  of  the    imperial    parliament  of  Ohio, 

■  a  law  was  enaeted  perfectly  satisfactory  to  both  sides,  and  almost 
in  terms  the  same  as  the  law  of  Pennsylvania,  which  was  decided 
upon  by  the  Supreme  Court  of  the  United  States.  That  law  was 
repealed  by  the  legislature  of  the  Slate  of  Ohio,  for  the  simple 
reason  that  the  highest  judii.'ial  tribunal  in  the  United  States  had 
decided  that  they  had  no  constitutional  power  to  pass  it  Now, 
if  these  States  lying  within  that  district  of  country  spoken  of  as  in- 

'  eluded  in  the  ordinance  of  '87,  are  denounced  for  not  complying, 
as  is  supposed,  with  the  terms  of  that  ordinance,  when  it  is  shown 
that  they  have  legislated  exactly  according  to  the  prescription  of 
that  only  tribunal  who  can  interpret  judicially  the  constitution  of 
the  United  States,  all  I  can  say  is,  that  the  charge  falls  hariu- 
less  at  our  feet,  and  that  all  Christendom,  in  all  time  to  come,  will 
absolve  us  of  it. 

Mr.  BUTLER  — I  hope  the  gentleman  will  inform  us  whether 
that  extraordinary  embassy  from  Kentucky  to  the  "  Iruperial 
Court"  of  Ohio  was  not  occasioned  by  the  intolerable  mischiefs 
which  the  people  of  Kentucky  sulli^red  from  the  escaping  of  their 
slaves  into  Ohio  beyond  the  reach  of  reclamation  ? 

Mr.  C'ORWIN. — I  will  answer  the  Senator  with  great  pleasure. 
The  embassy  originated  in  the  solicitude  of  our  sister  State  of 
Kentucky  to  preserve  amicable  relations  with  us.  The  reason  as- 
signed by  the  embassy  was,  that  our  law  did  not.  furnish  to  them 
the  means  of  reclaiming  their  fugitive  slaves.  The  people  of  the 
United  States  had  acted  upon  the  subject  in  the  law  of  1793;  but 
it  seems  that  thev  did  not  act  with  that  degree  of  elliciency  neces- 
sary, in  the  judgment  of  the  people  of  Kentucky,  to  secure  to  them 
their  propertv-  There  was  another  reason  wiiich  induced  the  Slate 
of  Ohio  to  entertain  thai:  negotiation,  and  to  enact  this  law. — 
The  people  of  Ohio  were  just  as  solicitous  as  their  fellow-citizens 
of  Kentucky,  to  have  a  statute  on  that  subject,  or  at  least  em- 
braciuL'  luany  of  the  eases  supposed  in  Kentucky  to  fall  within  the 
law.  There  were,  I  believe,  a  few  felons  in  Kentucky — for  there 
is,  I  believe,  a  penitentiary  there — and  occasionally  it  contained 
individuals  supposed  to  have  committed  crimes.  Some  of  them 
finding  it  inconvenient  to  execute  their  purposes  in  Kentucky, 
were  in  the  habit  of  coming  over  to  Ohio  for  the  purpose  of  kid- 
napping slaves.  Occasionally  a  gentleman  would  be  killed  in  this 
amiable  pursuit;  and  the  apology  was  that  they  had  come  to  re- 
claim fugitive  slaves.  If  this  statement  were  false,  no  harm  was 
done;  if  true,  the  man  who  shot  him  was  punished  as  a  murderer, 
under  the  law  ol  Ohio.  It  was,  therefore,  very  desirable  on  both 
sides,  as  well  to  protect  Kentucky  in  claiming  her  slaves  as  to  pro- 
tect Kentuckians  from  coming  over  to  kidnap — a  very  common 
practice  in  all  States  bordering  on  slave  States — with  which  wo 
were  greatly  troubled,  the  expense  from  penitentiaries  being  very 
considerably  augmented  from  that  very  source — that  the  question 
should  be  settled. 

Mr.  CALHOUN. — I  cannot  permit  the  Senator  to  escape  even 
under  a  decision  of  the  Supreme  Court.  By  express  contract  be- 
tween the  rest  of  the  States  and  the  people  inhabiting  these  terri- 
tories, which  are  now  States,  the  latter  bound  themselves  to  do- 
liver  up  our  fugitive  slaves.  They  are  the  parties  to  that  contract, 
under  the  ordinance,  and  it  has  not  been  superseded  by  the  con- 
constitution. 

Blr.  CORVVIN. — Have  not  the  Supreme  Court,  to  w-hieh  refer- 
ence has  been  made,  iiuerpretcd  our  rights,  duties,  and  powers, 
under  that  compact  ? 

Mr.  CALHOUN. — Simply  and  only  under  the  constitution  of 
the  United  States.  They  could  not  put  aside  a  contract.  It  stands 
upon  higher  principles.  It  stands  entirely  on  diflerent  ground  from 
the  ease  in  Pennsylvania.  The  decision  has  not  been  confirmed, 
and  I  trust  never  will  be.  I  have  always  considered  it  as  the 
most  extraordinary  decision  ever  made.  But  I  put  that  aside,  and 
present  the  positive  contract  between  these  parties.  There  w;is 
no  United  States  government  then  to  fulHIl  it.  The  old  Congress 
had  no  such  ]iovver.  There  stands  the  contract — and  will  ever 
stand— around  which  it  is  impossible  to  go. 

Mr.  CORWIN. — I  have  only  one  remark  in  reply  to  the  Sena- 
tor's view  of  our  obligations  under  the  ordinance.  When  the  Su- 
preme Court  decided  that,  under  the  constitution,  made  suhso- 
fiuently  to  that  firdinancc,  these  States  had  no  power  to  pass  such 
laws,  unquestionably  they  have  given  a  judicial  interpretation  to 
their  rights,  power,  and  duties  under  the  ordinance  as  well  as  un- 
der the  eonslitutioii.  The  truth  is,  that  the  ordinance  and  the  con- 
stitution are  in  the  very  same  wnrds.  Whatever  obligations  there 
may  be  under  the  ordinance  of  '87  remain  under  the  constitutimi, 
and  are  reimposed  by  that  instrument.  Now,  it  must  be  seen, 
that  the  decision  of  the  Supreme  Court  comprehends  every  obli- 
gation under  which  the  Stale  of  Ohio  or  any  northwestern  State 
has  been  placed  by  virtue  of  that  ordinance.  Surely,  if  that  com- 
pact, in  the  jiidgnient  of  the  Supremo  Court,  had  had  an  obliga- 
tion above  the  constitution  and  beyond  it,  they  would  have  said  so. 
It  is  true  that  the  ease  was  one  'Vom  Pennsylvania,  but  much  of 
the  discussion,  as  every  gentleman  who  alten<lcd  to  it  at  that 
time  knows,  was  upon  this  very  ordinance.  But  that  is  immate- 
rial. If  the  obligations  under  the  constitution  of  the  United  States 
which  the  State  of  Ohio,  or  any  other  State  of  the  northwest  ter- 
ritory owes  to  the  South,  as  it  is  called,  exists  by  virtue  of  the 


constitution  of  the  United  States,  they  are  not  tolerated  in  legis- 
lating upon  the  subject. 

Mr.  CALHOUN. — I  cannot  permit  even  that  view  of  the  case 
to  pass.  The  constitution  cxjiressly  provides  for  the  continuance 
of  this  contract  between  the  United  States  and  the  people  that  in- 
habited the  northwest  territory.  The  sixth  article  of  the  consti- 
tution contains  an  express  permission  that  "  all  debts  contracted 
and  engagements  entered  into  before  the  ad'.'jition  ol' this  consti- 
tution shall  be  as  valid  against  the  Unitetl  States  under  this  constitu- 
tion as  under  the  confederation."  Now,  is  it  not  manifest  that  the 
ordinance  of  '87  looked  to  its  fiilfillnieut  under  the  present  govern, 
ment  and  not  the  old  confederation,  which  had  no  machinery,  no 
capacity  tocxcute  it?  If  the  words  of  the  ordinance  and  those  in 
the  constitution  are  precisely  the  same — and  I  have  not  compared 
them — it  is  one  of  the  str<mgest  a  guments  to  show  that  the  de- 
cision of  the  courtw'as  wrong,  and  that  the  words  of  the  constitu- 
tion ought  to  have  received  the^  interpretation  of  the  prior  words 
instead  of  the  prior  words  receiving  the  interpretation  of  the 
latter. 

Mr.  CORWIN. — I  do  not  intend  to  controvert  the  right  of 
the  gentleman  to  take  an  appeal  from  the  decision  of  the  Supreme 
Court,  but  I  do  not  know  where  he  can  tind  any  revisory  power  at 
present. 

Mr.  CALHOUN. — That  being  admitted,  everything  is  admit- 
ted. These  States,  if  they  have  not  violated  the  stipulation,  have 
permitted  it  to  be  violated  incessantly.  It  is  of  that  we  com- 
plain. 

Mr.  BRIGHT. — The  very  important  motion  made  by  the  Sena- 
tor from  Delaware  seems  to  have  been  lost  sight  of.  He  moves  to 
refer  the  bill  under  discussion,  together  with  so  much  of  the  Pres- 
ident's message  as  relates  to  territorial  governments  in  Upper 
California  and  New  Mexico  to  a  select  committee- 
Mr.  CLAYTON. — My  motion  embraces  only  the  bill  before  the 
Senate,  with  the  amendments. 

Mr.  BRIGHT. — I  suppose  the  ohject  of  the  Senator  is  to  refer 
so  much  of  the  message  as  relates  to  the  territories  which  I  have 
named  to  the  same  committee  ? 

Mr.  CLAYTON.— No  ;  only  the  hill  and  the  amendments. 

Mr.  BRIGHT. — I  ask  whether  it  is  not  the  intention  of  the 
Senator  to  refer  also  the  question  connected  with  the  organization 
of  govertiuicnts  in  the  territories  which  I  have  named  to  the  same 
committee  ? 

Mr.  BERRIEN.— If  the  Senator  will  permit  me,  I  will  state 
my  view  of  the  motion.  I  understand  that  the  motion  is  to  refer 
this  bill,  with  the  several  amendments,  to  a  committee,  constitu- 
ted in  the  manner  suggested  by  the  Senator.  The  consequence  of 
such  a  reference  would  be,  I  prreurae,  to  induce  the  Committ'e  on 
Territories  to  forbear  their  action  upon  the  other  bills  which  are 
before  them  until  the  sense  of  the  Senate,  shall  be  known  upon  the 
report  of  that  committee.  The  purpose  of-the  motion  of  the  Sen- 
ator from  Delaware  is  not  to  withdraw  from  that  committee  the 
subjects  which  they  have  now  under  their  control,  but  to  refer  this 
bill  which  is  now  under  the  consideration  oif  the  Senate  in  order 
that  itiuav  be  ascertained  by  the  conference  ot"  the  members  of 
that  committee,  whether  they  cannot  devise  some  plan  which  may 
serve  to  extricate  us  from  our  embarrassments  in  relation  to  this 
bill,  and  also  serve  to  guide  the  Committee  on  Territories  in  rela- 
tion to  the  bills  which  they  have  in  charge. 

Mr.  BRIGHT. — Sustaining  the  relations  which  I  do  to  the  Com- 
mittee on  Territories^  I  thought  proper  to  make  a  reply  to  the 
motion  of  the  Senator  from  Delaware.  I  have  nothing  to  say 
in  relerenee  to  the  bill  under  discussion.  If  the  debate  can  be 
arrested  and  action  had  by  the  reference  in  the  luanner  pro|iosed, 
I,  for  one,  shall  be  much  gratified.  The  inference,  however,  is  a 
very  clear  one,  that  it'  this  bill  be  referred  to  the  committee,  the 
subjects  to  which  I  alluded — the  organization  of  governments  in 
New  Mexico  and  California,  will  also  be  referred.  Indeed,  I 
think  it  is  proper  that  It  should  be  so  referred.  It  will  be  recol- 
lected that  when  a  proposition  was  made  the  other  day  to  enlarge 
the  Committee  on  Territories,  by  adding  to  its  number  two  mem- 
bers, after  exhausting  a  day  in  ilcbate,  the  Senate  refused  to  in- 
crease that  committee.  The  committee  considered  that  as  tanta- 
mount to  instructing  them  to  go  to  wurk  and  propose  bills  for  the 
organization  of  both  these  territories.  Accordingly  we  h.ive  met 
twice,  and  I  am  happy  to  say  that  we  have  bills  in  a  forward  state 
ol  preparation,  and  ihiit  we  shall  jmibably  he  uMe  to  report  them 
in  two  or  three  days.  Whether  a  majority  of  us  can  agree  with 
reference  to  the  rejiort  that  we  ought  to  make  on  the  subject 
that  seems  to  divide  us,  1  am  not  jircparcd  to  say;  but  Irian 
what  has  occurred  I  am  encouraged  to  hope  that  we  may  bo  able 
to  report  a  bill  extending  the  Missouri  ecmiproniise.  II,  however, 
it  be  the  pleasure  of  the  Senate  to  refer  the  bill  under  discussion, 
I  hope  that  the  Committee  on  Territories  will  be  discharged  from 
the  consideraiion  of  those  portions  of  the  President's  message  which 
relate  to  the  organization  jf  territorial  governments  in  New  Mex- 
ico and  California.  The  only  dillicuhy  on  that  subject  is  the  slave 
question.  Had  it  not  been  for  theintroduetion  of  that  question,  I 
apprehend  that  Oregon  would  have  had  a  government  to-day.  I 
hope,  then,  that  the  whole  subject  will  be  entrusted  to  the  select 
committee. 


July  12. J 


THE  OREGON  BILL. 


881 


Mr.  DICKINSON.— I  am  very  much  in  favor  of  the  motion 
which  has  been  made  by  the  Senator  from  Delaware  Here  wo 
are.  nearly  at  midsummer,  with  a  vast  extent  of  territory  unorgan- 
ized, and  from  a  portion  of  which  the  most  urgent  appeals  have 
been  made  for  our  protection.  So  far  as  Oregon  is  concerned  the 
delay  is  in  my  opinion  inexcusable.  That  territory  is  so  situated 
that  it  is  not  contended  by  the  North  that  slavery  can  ever  go  there. 
The  south  concede  that  they  do  not  wish  nor  expect  it  to  ^'o  there; 
and  yet  here  we  are  making  speeches  day  after  day,  and  getlinn- 
further  apart  on  the  question  of  the  extension  of  slavery  to  Ore" 
gon.  This  motion  of  the  Senator  from  Delaware  affords  the  lirst 
gleam  of  sunshme  upon  the  subject.  I  hope  the  committee  will 
be  raised,  that  the  whole  subject  will  be  referred  to  it,  and  that 
a  practical  result  will  be  attained. 

Mr.  HALE. — I  confess  that  I  entirely  dissent  from  the  honora- 
ble  Senator  from  New  York.  It  does  not  seem  to  me  that  this  mo- 
tion  of  the  Senator  from  Delaware  indicates  any  clear  sky  at  all. 
The  only  effect  of  it  will  be  to  throw  a  mist  .all  around  us.  In  fact 
I  do  not  know  why  it  should  be  assumed  that  there  is  anv  great 
difficulty  in  coming  to  a  conclusion  on  this  subject.  To  be  sure  we 
have  talked  a  good  deal  about  it.  and  so  we  talked  upon  the  ten  re- 
giment bill.  But  this  amount  of  talk  does  not  indicate  any  want 
of  decision  upon  the  subject  I  do  nijt  sec  what  ground  this  hill 
presents  to  those  who  have  spoken  upon  either  side  of  the  (lucs- 
tion,  on  which  to  make  a  compromise.  Where  is  this  territory 
of  Oregon?  It  is  all  north  of  forty-two  degrees.  And  where  is 
the  necessity,  then,  of  extending  the  Missouri  compromise  to  a  re- 
gion, the  most  southern  limit  of  which  is  forty-two  degrees  of  north 
latitude  ?  I  think  this  assumption  of  difTiculty  in  the  settlement  of 
the  case  will  not  bo  sustained  by  the  facts  when  the  vote  is  taken. 
Perhaps  many  gentlemen  desire  to  speak  to  the  question.  I  have 
some  idea  of  presenting  my  own  views  upon  it,  but  I  am  willing 
to  forego  that  instantcr,  if  the  action  of  the  Senate  will  thereby  be 
facilitated.  But  let  me  say  one  word,  as  expressive  of  myseri.nis 
conviction.  When  you  undertake  here,  by  a  vote  of  the  Senate,  and 
a  compromise  got  up  by  this  committee  to  settle  this  question,  you 
talk  of  doing  that  which  is  altogether  beyond  your  power.  There 
is  a  feeling  upon  this  subject  throughout  the  laiid,  which  will 
guide  the  Senate,  instead  of  being  controlled  by  it.  If  wc  think 
that  by  the  magic  influence  of  our  votes  or  our  speeches  upon  this 
subject,  wo  are  to  settle  this  question,  I  apprehend  that  those  of 
us  who  go  home  to  our  constituents,  having  betrayed  the  interests 
which  they  entrusted  to  us,  w-ill  find  that  wo  have  an  account  to 
settle  with  them,  much  more  dilfieult  than  the  settlement  propos- 
ed to  be  made  here.  The  feeling  which  animates  the  people  in 
that  part  of  the  country  from  which  I  come,  is  as  controlling  as 
any  feeling  can  possibly  be,  in  any  section  of  the  Union.  This  is 
a  subject  which  does  not  admit  of  compromise.  Let  us  recall  to 
our  minds  the  true  statement  of  the  question  now  before  us,  and 
then  we  may  bo  able,  perhaps,  to  appreciate  at  its  real  value  this 
proposition  for  a  compromise.  The  question  is,  whether  the  en- 
ergies, the  power,  and  authority  of  this  government  are  to  be  ex- 
erted for  the  extension  of  the  institution  of  slavery  over  the  territo- 
ry of  Oregon. 

Mr.  FOOTE. — I  rise  to  a  point  of  order.  The  Senator  is  out 
of  order  in  undertaking  to  discuss  the  merits  of  the  bill.  I  have 
no  desire  to  interrupt  the  Senator,  but  merely  wish  to  prevent  in- 
flammatory discussion. 

The  PRESIDING  OFFICER.— The  Senator  from  New  Hamp- 
shire is  diseussmg  the  expcdiencY  of  referring  the  bill  to  a  com- 
mittee, and  is,  therefore,  not  out  of  order. 

Mr.  FOOTE. — The  Senator  was  speaking  of  the  feeling  in  New 
England  on  this  subject. 

Mr.  HALE. — I  did  not  name  New  England,  and  I  was  about 
to  conclude  my  remarks.  Certainly  I  feel  this  call  to  order  a  lit- 
tle more  keenly,  because  it  comes  from  a  gentleman  who  always 
confines  himself  so  closely  to  the  subject  matter  before  the  Senate. 
1  was  about  to  remark  that  I  wished  to  see  a  vote  upon  this  ques- . 
tion.  I  think  that  a  vote  necaliving  the  provisional  legislation  of 
the  people  of  Oregon,  would  be  one  of  the  most  illuminating  doc- 
uments that  could  go  out  to  the  people,  and  would  have  a  greater 
tendency  to  settle  this  ciucstion  than  any  report  that  any  commit- 
tee could  make.  There  is  another  proposition  upon  which  I  would 
like  to  see  a  vote  :  it  is  upon  the  proposition  to  strike  out  that 
prohibition  of  .slavery  which  the  people  of  Oregon  have  incorpo- 
rated in  their  provisional  legislation.  I  am  utterly  at  a  loss  to 
knoiv  how  th«ro  can  be  any  compromise  upon  these  propositions. 
I  cannot  pc>ssibly  ct  "c«ive  what  compromise  can  bo  made  with  re- 
spect to  a  territory  in  which  it  is  conceded  slavery  cannot  exist. 
Why  did  wo  not  compromise  when  we  annexed  Texas?  The 
whole  of  that  was  given  up  to  slavery.  There  was  nothing  said 
about  compromise  there. 

Several  Sen.\tohs. — Yes — yes! 

Mr.  HALE. — I  know  what  I  am  talking  about.  The  hill  passed 
through  all  its  stages,  and  the  idea  of  compromise  was  never  sug- 
gested until  the  honorable  chairman  of  the  Committee  on  Tcrrito- 
ries^then  a  member  of  the  House — got  up,  and  just  as  the  vote 
was  about  to  be  taken,  appealed  to  the  honorable  member  from 
Tennessee,  who  introduced  the  bill,  [Mr.  Milton  Brown]  and  ask- 
ed him  if  he  had  any  objection  to  have  a  provision  inserted  in  the 
bill  prohibiting  slavery  north  of  36°  30'.  The  honorable  gentle- 
man said  that  he  had  not  ;  and  why  ?     Because  there  was  no  more 

30th  Cong. — 1st  Session — No.  111. 


of  Texas,  as  was  then  .^apposed,  that  was  north  of  36°  30'  th.in 
there  was  of  New  Hampshire  south  of  that  line,  for  the  territory 
of  New  Mexico  ran  down  south  of  that  parallel,  and  the  city  of 
Santa  Fe,  which  General  Kearney  lately  conquered,  is  itself  south 
of  this  36'^  30'.  The  provision  was  accordingly  inserted  in  the 
bill. 

Mr.  RUSK. — I  do  not  like  to  remain  silent  while  facts  arc  mis- 
stated. I  am  prepared  to  show  that  Texas  extended  far  above 
that  line. 

Mr.  HALE. — I  am  speaking  onlv  of  the  boundaries  of  New 
Mexico  as  they  existed  ;  and  if  all  the  maps  which  wo  have  had 
published  from  tho  beginning  of  time  are  to  bo  relied  upon,  iho 
city  of  Sania  Fe  lies  south  of  36°  30' . 

Mr.  RUSK. — The  same  sort  of  reasoning  would  exclude  Texas 
Irom  tho  possession  of  any  soil  at  all,  because  the  maps  show  that 
Mexico  came  up  to  the  Sabine. 

Mr.  HALE. — If  tho  President's  message  is  to  be  relied  upon, 
Santa  Fe  was  a  part  of  the  enemy's  country  conquered  by  General 
Kearney. 

Mr.  RUSK.— The  title  of  Texas  dates  back  lo  her  revolution. 
It  grew  up  anterior  to  any  message  of  the  Presiilent  in  relation  to 
Texas.  We  hold  that  title  neither  under  maps  of  Mexico  nor 
messages  of  the  President  of  the  United  States.  Our  revolution 
took  pjace  in  1836,  and  it  is  upon  that  and  the  acquisition  of  terri- 
tory by  virtue  of  that  revolution,  tho  treaties  entered  into  with 
Mexico,  and  her  recognition  of  the  Rio  Grande  as  the  boundarv, 
that  we  base  our  title. 

Mr.  HALE. — I  do  not  intend  to  say  one  word  in  derogation  of 
the  title  of  Texas.  She  jrtay  run  her  boundary  north  to''54''  40' 
if  she  pleases.  I  have  stated  only  tho  broad  and  notorious  fact, 
that  it- was  imly  at  tho  very  last  stage  of  the  Oregon  bill  in  the 
House  of  Representatives,  that  the  proposition  to  apply  the  com- 
promise was  introduced.  The  peonle  of  Oregon  have  incorporated 
that  principle  into  their  provisional  legislation.  They  are  willing 
to  abide  by  that  line.  How  do  those  who  were  friendly  to  that  ar- 
rangement show  their  good  faith,  when  tho  very  motion  pending 
before  tho  Senate  is,  that  tho  legislation  which  has  been  had  shaU 
not  be  so  construed  as  to  adopt  any  such  institution  as  slavery  ? — 
Whenever  there  is  any  thing  i hat  a  man  can  compromise,  1  am 
willing  to  go  as  far  as  any  body  ;  but  it  seems  to  me  that  this  is 
something  that  does  not  admit  of  compromise.  You  cannot  ask  a 
man  to  do  that  which,  in  his  conscience,  ho  believes  to  be  wron^, 
because  that  implies  that  which  the  Senator  from  Maryland  so  el- 
oquently urged  the  other  day  as  involving  moral  degradation,  which 
he  said  was  worse  than  disunion.  I  trust  that  wo  may  at  onco 
have  a  vote  upon  one  or  tho  other  of  the  propositions. 

Mr.  BUTLER. — I  am  not  one  of  those  who  think  that  this  ques- 
tion has  gone  beyond  tho  reach  of  compromise.  Tho  Senator  from 
Now  Hampshire  has  said  that,  in  his  judgment,  the  question  can 
undergo  no  changes,  and  he  draws  tho  inference  that  southern 
members  are  anxious  to  extend  slavery  to  the  territory  of  Ore<'on 
by  positive  legislation.  I  think  the  Senator,  from  his  local  posi- 
tion, takes  a  ciroumsoribcd  view  of  tho  subject.  I  should  rcard 
the  12th  section  of  this  bill  as  very  innocent,  were  it  not  that  "cn- 
tlemen  have  advertised  us  that  they  intend  to  extend  that  prmci- 
ple  to  every  other  bill  which  may  be  introduced  into  this  body  for 
the  government  of  the  other  territories,  which  are  to  be  hereafter 
added  to  this  Union.  I  know  that  the  precedent  of  to-dav  is  the 
prescription  of  to-morrow,  and  that  as  certain  as  we  sanction,  di- 
rectlv  or  indircetiv,  any  such  legislation  afl'ecting  Oregon,  it  will 
be  transferred  under  authority  of  our  own  action  to  other  territo- 
ries. All  that  is  now  proposed  is,  to  make  an  honorable  elTiirt  to 
settle  this  agitating  ipiestion  consistently,  if  possible,  with  tho 
rights  and  feelings  of  every  section  of  tho  confederacy.  My  sol- 
emn conviction  is,  that  unless  this  question  be  scitleil  now,  all  tho 
consequences  which  have  been  apprehended  may,  and  I  am  not  pre- 
pared to  say  will  not,  follow. 

Mr.  HALE. — I  must  repeat  what  I  said  before,  that  where  a 
moral  principal  was  not  involved,  I  was  ready  to  gu  as  far  as  the 
farthest  for  compromise.  There  is  one  way  of  compromise  which 
seems  open  to  mc.  Let  us,  in  a  spirit  of  magnanimilv  which  will 
bo  felt  and  recognized  every  where  throughout  tho  world,  como 
forward  and  tell  Mexico  that  what  wo  have  taken  from  her  in- 
jured us  infinitely  more  than  her — that  we  have  found  it  to  bo  no. 
thing  but  a  bone  of  contention,  and  that  we  return  it  to  her.  Let 
us  say  to  Mexico,  take  it  all  back  and  keep  it.  Into  that  compro- 
mise I  am  prepared  at  once  to  enter,  but  I  can  never  be  a  party 
lo  any  compromise  that  involves  moral  dereliction — and  when  I 
speak  of  that  I  do  not  mean  to  "uage  any  man's  conscience  by  mine 
own.  All  the  horrors  of  dissolution  I  caii  ^*ok  steadfastly  in  the 
face,  before  I  could  look  to  that  moralTuin  which  must  fall  upon 
us,  when  we  have  so  far  prostituted  ourselves  as  to  become  the  pi- 
oneers of  slavery  over  these  territories.  When  the  American  eagle 
plumes  his  wing  for  new  flights,  let  it  never  be  to  overshadow  tho 
land  with  the  dark  pall  of  slavery. 

Mr.  FOOTE. — Tho  suggestion  which  has  been  made  by  the 
Senator  from  New  Hampshire,  [Mr.  H.vle,]  touching  the  proprie- 
ty of  yielding  back  to  Mexico  all  those  valuable  territorial  acqui- 
sitions recently  secured  to  us  by  treaty,  I  shall  not  undertake  to 
reply  to  seriously.  I  shall  be  slow  to  believe  that  there  is  a  single 
sensible,  patriotic  man   in  any  part  of  the   republic,  who,  if  sub- 


882 


THE  OREGON  BILL. 


[WEDNESDAY) 


iectnd  to  regular  test,  would  be  found  willing  to  stultify  this  na- 
tion so  signally  before  tlie  civilized  world,  as  would  he  the  inevi- 
table consecjuence  of  a  proceeding  so  unprecedented  and  so  un- 
wise. The  Senator  from  New  Hampshire  can  scarcely  be  serious 
in  urging  this  view  of  the  subject  upon  our  attention.  The  Sena- 
tor declares  his  capability  of  "  looking  all  the  horrors  of  dissolu- 
tion steadfastly  in  the  face."  In  this  respect  I  differ  with  the  hon- 
orable Senator  very  greatly  indeed;  there  is  no  evil  that  I  could 
not  look  in  the  face  with  more  ealmness  and  composure  than  the 
dissolution  of  this  glorious  confederacy.  I  do  not  understand  how 
any  patriot  can  gaze  with  steadfastness  and  resignation  on  any 
such  event.  As  a  man  devoted  to  the  Union  of  these  States- 
sworn  to  support  the  constitution — whose  grand  purposes,  as  de- 
clared in  the  preamble  to  the  instrument  itself,  to  be — 

"To  form  a  morp  perfect  union,  esla'.lish  juslK--.  ™sure  ilomeslic  trnnqnilily,  pio_ 
vi.le  for  the  oominon  deleni-e,  pioniole  llie  (jent-ral  welfare,  anil  secure  the  hiessings  ol 
Ilherty  " — 

to  the  generation  which  honored  it  and  their  "posterity''— -I  can- 
not <ce  how  any  member  of  this  body  can  reconcile  it  to  himsell 
to  aid,  either  directly  or  indirectly  in  any  measure  or  act  calcu- 
lated in  the  least  degree  to  defeat  any  one  of  these  great  objects. 
I  desirrn  to  impugn  the  conscientiousness  and  patriotism  ol  no  mem- 
ber of  the  Senate,  when  I  say,  that  I  regard  everv  Senator  here  as 
bound  by  the  constitutional  oath  which  he  has  taken,  to  do  nothing, 
and  say  nothing,  here  or  elsewhere,  at  all  likely  to  put  in  peril  llie 
Union  of  these'~Stales,  or  to  endanger  our  "domestic  tranipiilily." 
And  yet  it  is  most  obvious  that  several  gentlemen  hire,  inelud 
ing  the  Senator  I'lom  New  Hampshire,  seem  to  take  a  very  differ- 
enl  view  of  their  oUieial  responsibilities  under  the  constitution 
from  that  which  I  have  deemed  it  my  duty  to  state. 

Mr.  CLAYTON.— I  have  not  participated  in  the  excitement 
which  has  been  manifested  on  this  subject,  because  in  all  sincerity, 
I  can  say  that  I  feel  none.  I  am  a  representative  in  part  of  one 
of  the  slave  States  ;  but  it  is  a  Stale,  which  it  has  always  been 
-  difTieult  to  say,  whether  it  belongs  to  the  North  or  to  the  South.  A 
committee  ol  lawyers,  it  is  said,  was  once  appointed  to  decide  the 
question,  as  to  whether  Delaware  was  a  northern  or  a  southern 
State.  It  was  urged  on  the  part  of  the  South,  that  the  northern 
boundary  was  a  portion  of  Mason's  and  Di.\on's  line  ;  that  was_ 
thought  to  have  settled  the  question  at  once.  But  on  the  part  of 
the  North  it  was  immediately  afterwards  shown  that  the  southern 
and  western  lines  were  also  run  by  Mason  and  Dixon. 

So  the  committee  threw  the  matter  up  in  despair,  and  I  believe 
it  has  never  been  settled  to  which  portion  of  the  Union  that  Stale 
belongs.  I  feel,  then,  on  this  occasion  ,  very  little  excilemcnt. 
But,  The  people  of  my  State,  in  the  midst  of  this  excitement,  ap- 
pear to  be  situated  very  much  like  the  game  cock  in  the  stable 
■with  the  horses.  'When  they  began  to  make  a  disturbance,  he 
cried  out,  "gentlemen,  let  us  make  a  bargain;  let  us  agree  that  no 
gentleman  here  shall  fly  into  a  passion,  or  a  stampede,  or  tread 
on  another  one's  toes."  ^ 

I  wish  to  say,  in  corroboration  of  what  has  been  stated  in  part, 
by  the  Senator  from  South  Carolina,  that  the  object  of  my  motion  is 
not  to  discharge  the  territorial  committee  from  any  portion  of  the 
duties  which  devolve  upon  them,  in  consetiucnco  of  the  reference 
already  made  of  portions  of  the  President's  message,  relative  to 
tlio  orrranization  of  territorial  government  in  California  and  New 
Mexico.  I  desire  to  leave  the  committee  in  possession  of  that  suh- 
iect,  and  that  the  Oregon  bill  alone,  with  all  the  amendments 
"which  have  been  made  to  it,  may  go  to  the  select  committee.  I 
•would  also  state,  for  the  information  of  those  w!:o  do  not  perhaps 
comprehend  the  reason  for  this  particular  motion,  the  object  which 
1  have  in  view.  In  any  event,  1  desire  that  the  territorial  e(mi- 
niittee  should  report,  with  the  advice  and  information  which  they 
nuiy  obtain  from  the  Secretary  of  the  Treasury,  a  hill  to  extend 
our' revenue  laws  over  these  two  territories.  A  bill  on  that  sub- 
ject is  in  course  of  preparation,  and  whatever  may  be  the  decision 
in  relation  to  the  other  great  and  engrossing  topic,  I  think  we 
shall  all  agree  in  the  extension  of  our  revenue  laws  over  the  coun- 
try, if  the  Secretary  of  the  Treasury  thinks  it  proper  and  necessary 
to  do  so. 

That  subject  may  be  separated  with  great  propriety  from  the 
main  question,  and  the  Territorial  Committee  can  at  once  pro- 
ceed to  act  upon  it,  holding  themselves  of  course  subject  to  the 
action  of  the  select  committee  in  relation  to  the  great  and  exciting 
question,  I  hope  therefore,  that  the  Territorial  Committee  will 
retain  possession  of  the  matter  referred  to  them.  No  motion  has 
been  made  to  discharge  them  fruni  the  consideration  of  these  sub. 
iccts.  It  is  not  the  Oregon  bill  alone  which  is  proposed  to  be  re- 
ferred to  the  select  committee,  for  the  various  amendments  go  with 
it,  and  they  embrace  the  whole  controversy  between  the  North 
and  the  South.  The  whole  subject  in  controversy  will  thus  come 
up  before  the  committcB,  which  will  be  enabled  to  ascertain  whe- 
ther it  is  practicable  to  obtain  any  scttlemi^nt  of  it  at  present.  If 
thai  result  be  impracticable,  I.  for  one,  would  be  dispo.',ed  to  lea\o 
the  matter  over  for  the  jiresent.  Hut  I  will  never  abandon  the  hope 
that  we  shall  eventually  be  enabled  to  settle  this  ipieslion  honorably 
and  satisfactorily  tn  all  p;irties.  I  have  no  mete  mirlhcrn  or  southern 
leelin"  but  as  a  sincere  friend  of  the  union  uf  the  States,  and  de- 
sirous^to  prevent  unnecessary  exeilement,  I  wish  to  raise  the  com- 
mittee. There  is  another  reason  for  taking  this  course  which  I 
would  suggest  to  gentlemen  who  have  doubted  its  propriety.  •  By 
continuin''  the  debate  hero  and  acting  on  the  various  Hinendments 
"entlemen  will  be  committed  during  this  session  of  Congress,  to 
specilic  propositions,  leading  to  the  embarrassment  of  their  action 


hereafter.  If,  at  a  future  session  that  course  should  be  impracticable 
to  which  they  may  now  be  disposed  to  give  their  assent,  it  is  obvious 
that  gentlemen  will  feel  more  or  less  embarrassed.  They  will  de- 
sire to  adhere  to  the  decision  which  they  may  now  give.  I  desire 
to  avoid  that  state  of  things.  If  Senators  fail  to  agree  now 
1  desire  the  minds  of  all  to  remain  open  to  conviction, 
so  that  in  the  recess  they  may  be  enabled  to  reflect  in  the 
calm  tranquility  of  their  own  homes,  upon  the  importance 
of  this  great  question,  and  the  paramount  obligation  to  pre- 
serve the  union  of  these  States.  I  am  not  anxious  to  press  the 
matter  to  a  vote,  unless  it  is  to  be  a  successful  vote.  I  hope  then 
that  the  committee  will  be  appointed,  and  that  an  honest  effort 
will  be  made  to  settle  this  question.  A  variety  of  legislative  bu- 
siness awaits  our  action.  The  appropriation  bills  have  been  all 
kept  back,  and  with  other  important  measures  of  the  session,  are 
delayed,  and  in  danger,  of  being  lost.  Let  us  then  stop  this  de- 
bate, go  on  with  our  business,  and  await  the  action  of  the  commit- 
tee, which  will  be  able  to  report  in  a  few  days,  wheii  we  shall 
know  whether  wo  are  to  have  a  settlement  of  the  question  or  not. 

Mr.  HALE  rose  to  aildress  the  Senate. 

Mr.  'WESTCOTT.— I  call  the  gentleman  to  order.  He  has 
already  spoken  three  timf  s  upon  this  subject,  and  the  rule  limits 
him  to  speaking  twice. 

Mr.  HALE.— I  call  the  Senator  to  order  for  a  miscount ;  I  have 
spoken  only  twice. 

The  PRESIDING  OFFICER.— Shall  the  Senator  from  New 
Hampshire  have  leave  to  proceed  ? 

The  question  doing  decided  in  the  affirmative,  the  Senator  was 
allowed  to  proceed. 

Mr.  H.'VLE. — I  am  obliged  to  the  Senate  for  its  indulgence.  I 
rose  onlv  for  the  purpose  of  correcting  a  misapprehension  of  the 
Senator  from  Mississippi.  The  honorable  Senator  has  alledged 
that  I  am  atliliated  in  some  way  with  a  society  or  organization 
who  have  resolved  to  destroy  the  Union. 

Mr.  FOOTE, — I  said  more  or  less  affiliated.  They  have  de- 
termined,  if  the  Senator  be  nominated  at  BuflTalo,  that  we  shall 
have  a  hail  storm  with  a  vengeance. 

Mr.  HALE. — Oh  !  all  that  will  certainly  be  footed  up  when  it 
comes.  I  must  say  that  I  am  very  sorry  to  have  wounded  the 
tender  sensibilities  of  the  Senator  from  Florida.  His  peculiar  sen- 
sibilily  on  this  subject  leads  me  tu  suppose  that  he  must  have  been 
originally,  a  northern  man,  for  northern  men,  I  know,  somehow  be. 
come  endowed  with  exquisite  sensibilities  when  thev  get  South. 
Except  as  a  member  of  the  great  human  i'amily — and  I  don't  know 
whether  that  includes  the  blacks  also,  but  I  believe  they  are  hu- 
man— I  am  not  affiliated  in  any  way  with  the  organization  to  which 
the  Senator  from  Mississippi  has  referred. 

Mr.  FOOTE. — I  ask  the  Senator  whether  as  a  candidate,  he 
does  not  indulge  fond  expectations  that  he  will  get  the  vote  of 
that  faction  ? 

Mr.  HALE. — Let  me  answer  the  Senator.  In  the  first  place, 
I  do  not  look  upon  an  election  to  the  Presidency  as  a  very  great 
honor;  and  in  the  next  place,  I  have  not  any  very  ardent  hopes  of 
an  election — this  time  !  Wright  and  Garrison,  and  the  men  of 
that  party,  do  not  vote  at  all.  They  deny  the  obligation  to  sus- 
tain any  human  government  whatever,  and  certainly  the  Senator 
must  read  their  papers  much  more  attentively  than  I  tie,  if  he  find 
any  thing  complimentary  to  inc.  One  of  the  most  eminent  of  that 
parly  was  formerly  a  lawyer  in  Boston,  of  high  standing  at  the 
liar,  and  having  occasion  lately  to  appear  as  an  advocate  in  one  of 
the  courts  of  Massachusetts,  he  procured  from  his  client  a  special 
power  of  attorney,  because  he  would  not  take  the  oath  to  support 
the  constitution,  which  he  would  otherwise  be  obliged  to  do.  The 
organs  of  that  party  are  the  New  York  "  Anti-slavery  Standard," 
and  the  Boston  "  Liberator,"  and  I  sujipose  as  these  papers  are 
furnished  to  the  Senator,  the  Garrison  men  do  not  think  him  so  in- 
corrigible  a  ease  as  I  am. 

Mr.  FOOTE. — Not  twelve  months  since,  this  Garrison  stood 
on  a  platform,  called  a  whig  jtlatlorm — I  hupe  unjustly — where 
certain  distinguished  members  of  the  whig  party  were  present  and 
spoke,  and  when  the  aid  of  that  faction  was  invoked  by  one  of  the 
most  distinguished  whigs  ever  named  in  this  Union,  it  was  re- 
sponded to  by  the  assurance  on  the  part  of  these  gentlemen,  that 
'they  would  vote  at  the  coming  election  for  the  Senator  from  Now 
Hampshire,  unless  he  should  withdiaw  in  favor  of  the  Bufl'alo  nom- 
inee, whoever  he  might  be. 

Mr.  JOHNSON,  of  Maryland. — I  am  very  unwilling  to  inter- 
rupt honorable  Senators,  but  1  submit  that  the  whole  of  this  con- 
versation  is  out  of  order. 

Mr.  HALE. — The  Senator  from  Mississippi  has  asked  me  if  I 
dii  not  expect  the  siip|iort  nf  Mr.  Garrison  as  a  candidate  for  the 
Presidency,  if  I  do  not  withdraw  :  I  tell  him  candidly  that  I  do  not. 
The  gentleman  is  entirely  mistaken  when  he  repiesents  Mr.  Gar- 
rison and  his  associates  to  be  the  organs  of  the  liberty  parly. 
The  liberty  party  is  satisfied  to  abide  by  the  constitution,  and 
wish  to  bring  it  back  to  its  original  spirit.  We  are  the  great  con- 
servative party,  assailed  by  the  ultras  of  the  North  and  the 
South.     The  Senate    might  just  as  well   call  the   State  of  Illinois 


July  12.] 


THE  OREGON  BILL. 


Mormonite,  as  charge   the  extravagance  of  these  men  upon  those 
friends  with  whom  it  is  my  pleasure  and  pride  to  act. 

[Mr.  WESTCOTT  here  addressed  the  Senate  at  some  length. 
At  his  request  his  speech  will  appear  m  the  Appendix.] 

Mr.  NILES. — I  have  no  doubt  that  the  Senator  from  Delaware 
has  been  influenced  by  j;ood  motives  in  maUin;;  the  proposition 
now  before  the  Senate.  He  lives  on  the  line,  and  frankly  says  he 
don't  know  exactly  to  which  side  he  belongs.  I  have  no  doubt, 
therefore,  that  he  feels  a  good  deal  of  sensibility  on  this  subject. 
I  regret  that  I  cannot  concur  in  his  judgment,  that  any  good  can 
come  from  this  proposition.  We  see,  already  in  this  debate,  that 
the  advocates  of  proposed  compromise  are  all  on  one  side  of  the 
line.  What  are  we  to  compromise?  Why,  sir,  I  am  reminded 
very  much  of  the  case  of  the  two  boxers;  one  of  whom  proposed  to 
the  other  to  have  a  trial  of  skill  and  strength,  and  says  he,  "throw 
ofl'vour  coat,  and  whoever  wins  will  get  it."  That  seems  to  be 
the  amount  of  the  present  proposition.  Oregon  is  now  under  the 
law  of  freedom.  I  trust  it  will  never  be  withdrawn  from  that  law 
by  the  action  of  Congress,  or  in  any  other  way.  For  one,  then,  I 
can  never  agree  to  any  compromise  which  is  to  give  up  a  princi- 
ple now  established  there.  I  know  it  is  proposed  to  make  this 
compromise  more  comprehensive,  by  embracing  other  territory.  I 
am  not  prepared  to  say  that  that  is  wise.  I  believe  in  the  saying, 
"  Sufficient  unto  the  day  is  the  evd  thereof." 

I  am  of  opinion  that  nothing  is  to  bo  gained  by  patching  up  an 
arrangement,  to  be  carried  through  without  knowing  whether  it 
would  be  satisfactory  to  the  parties  concerned,  that  is,  to  our  con. 
stituents  who  have  sent  us  here.  This  is  not  a  matter  of  ours. 
This  is  not  a  matter  of  which  we  can  finally  dispose.  Indeed,  I 
have  no  idea  that  this  question  can  be  settled  at  all  by  the  present 
Congress.  The  people  are  not  represented  here  upon  this  subject, 
and  it  is  impossible  that  any  satisfactory  arrangement  can  be  made 
unless  made  by  the  people  themselves.  The  people  will  be  rcpre. 
seated  in  reference  to  this  subject  in  the  next  Congress.  This  is 
not  a  Missouri  compromise  case.  That  was  the  admission  of  a 
State,  and  when  once  admitted,  the  arrangement  could  not  be  set 
aside.  Not  so  here;  nothing  can  be  settled  here;  the  mere  pas- 
sage of  a  law  IS  nothing.  Petitions  are  now  pouring  in  upon  you, 
expressing  opposition  to  the  proposed  compromise,  and  if  you  pass 
any  such  law  these  petitioners  will  continue  to  assail  you,  de- 
manding a  repeal  of  the  law.  It  is  the  people,  then,  alone,  who 
can  settle  this  question;  let  them  settle  it.  Put  your  faith  in  the 
great  principles  of  the  constitution,  and  yield  to  the  only  compro- 
mise that  is  worth  anything — the  will  of  the  people  fairly  expressed. 
I  come  from  a  section  of  the  Union  that  may  be  misrepresented  on 
this  floor,  but  whether  misrepresented  or  not,  we  will  be  compel, 
led  to  submit  to  the  will  of  the  majority  of  the  people.  But  I  have 
no  compromises  to  make  on  this  subject.  I  would  submit  to  be  vo- 
ted down,  but  never  voluntarily  consent  that  one  inch  of  the  free 
territory  of  this  country  shall  be  stained  with  slavery.  That  is  the 
prevailing,  general,  universal  sentiment  of  the  North,  and  yet  with 
that  sentiment  they  are  prepared  to  submit  to  a  fair  decision  by  a 
Congress  fairly  representing  the  will  of  the  people.  That  is  the 
only  way  in  which  this  question  can  ever  be  settled.  All  that  can 
be  done  this  session  is  to  pass  some  general  law  as  in  1803,  au- 
thorizing the  President  temporarily  to  take  care  of  these  territo- 
ries, leaving  the  settlement  of  the  question  to  a  Congress  prepared 
to  decide  it. 

Mr.  BERRIEN.— We  ought  to  be  admonished  by  all  the  indica- 
tions of  the  expediency  of  coming  to  a  speedy  settlement  of  this 
question.     The  obicct  of  the  Senator   from  Delaware  is  concilia- 
tion, and  not  to  sacrifice  any  principle  or  conviction  of  duty.     It  is 
to  abstain  from   the  prosecution  of  a  discussion  which  is  daily  be- 
coming more  exciting,  and  by  a  reference  of  the  whole  subject  to 
"enllemen   selected  irom  various  portions  of  the  Union,  to  ascer- 
tain whether   they,  in   the  retirement  of  a  chamber,  exchanging 
opinions  with  the  conviction  that  the  declarations  or  declamations 
which  may  be  made  will  not  go  out  to  the  public,  and  they  them- 
selves become  excited  by  that  very  consideration— whether  in  the 
calm  interchange  of  their  views  iu  a  committee  room,   they  niay 
not  be  enabled  to  present  something  to  our  consideration,  which, 
without  requiring  the  sacrifice  of  principle  in  any  quarter,  shall  re- 
sult in  the  adjustment  of  this  question.     We  are  told  that  the  coun. 
try  is  excited;  I  admit  and  lament  it.     But  it  is   that  very  excite- 
ment present  and  prospective,  which  induces  ine  to  look  with  p  ea- 
sure  to  the  proposal  of  the  Senator  from  Delaware.     Nor  do  I  des- 
pair of  adjustment  because  of  that  excitement.  The  whole  history 
of  our  governmt  ..t  is  that  of  a  people  excited  on  all  questions  con- 
nected with  their  rights.     The  constitution  usclf  was  iormed  at  a 
period  when  a  far  greater  degree  of  excitement  existed   than  now 
throughout  the  United  States,  yet  that  work  of  the  representatives 
of  the" people  has  had  the  happv  eflect  of  producing  those  results, 
which  it  is  our  good  fortune  to  witnessin  the  administration  ol  this 
"overnraent.     I  pray  gentlemen,  then,   unite  with  us  in  adopting 
a  measure  which,  if  merely  an  experiment,  is  worth  trying,  to  as- 
certain whether  a  course  cannot  be  proposed  which  will  relieve 
them  from  the  temptation,  and  absolve  us  from   the  necessity  ot  a 
discussion  calculated  to  add  to  the  excitement.     Gentlemen  must 
remember  that  this  debate,  involving  questions  of  political  power 
on  one  hand,  embraces  in  the  other   associations  connected  with 
the  protection  of  our  altars   and  our  fire-sides.     All  mu.st  admit 
then   I  think,  the  propriety  of  bringing  the  debate  to  a  close,  and 
takitls  the  sense  of  the  Senate  in  order  that  we  may  ascertain 
whether  fi  settlement  cannot  be  niaJe. 


Mr.  DOWNS. — I  concur  entirely  vvith  the  Senalor  from  Dela- 
ware, and  ray  hopes  of  a  beneficial  result,  if  his  motion  be  adopted, 
are  strengthened  by  the  active  opposition  made  to  it  by  the  Sena- 
tor from  New  Hampshire.  I  did  think  that  when  his  reasons  for 
objecting  to  the  settlement  were  so  obvious,  there  would  not  have 
been  another  member  of  the  Senate  to  raise  his  voice  against  it. 
His  opposition  is  very  rational;  nothing  «lse  could  have  been  ex- 
pected from  the  Senator  from  New  Hampshire,  because  it  so  hap- 
pens that  if  this  matter  be  settled  "Othello's  occupation's  gone." 
He  would  then  have  no  ground  to  stand  upon.  The  agitation  is 
at  an  end.  But  I  am  very  sorry  that  another  Senalor  should  be 
found  to  oppose  it.  But  it  i»  this  opposition  as  I  have  said,  which 
induces  me  the  more  earnestly  to  desire  the  reference.  It  is  their 
interest  to  prevent  a  settlement  of  the  question.  They  say  it  will 
amount  to  nothing;  that  the  people  will  appeal  from  our  decision, 
and  the  agitation  be  increased.  As  they  live  and  breathe,  and  are 
advanced  by  agitation  only,  I  don't  see  why  they  should  oppose 
this  on  that  ground.  But  the  fact  is  they  oppose  it  because  they 
knew  that  it  would  kill  this  agitation  stone  dead,  as  it  did  in  the 
case  of  the  Missouri  compromise,  the  Texas  compromise,  and  all 
other  compromises.  Every  man  here  who  looks  to  the  interest  ol 
the  country  alone,  and  not  to  his  own  advancement,  whether  from 
the  North  or  the  South,  will  come  forward  at  once  in  favor  of  this 
proposition,  so  honorably  made  by  a  gentleman  standing  on  or  so 
near  neutral  ground.  I  do  hope  that  the  good  sense  of  this  body 
and  the  country,  which  has  prevailed  hitherto  and  sustained  us 
amidst  so  many  dilliculties,  will  again  prevail — that  oil  will  bo 
poured  upon  the  troubled  waters,  and  the  question  bo  settled  to 
the  satisfaction  of  all. 

Mr.  NILES  rose,  but  gave  way  to 

Mr.  BALDWIN,  who  said  that  he  desired  to  a.sk  the  Senator 
from  Florida  a  question.  Was  that  gentleman  one  ol  the  meet- 
ing from  which  this  proposition  emanated? 

Mr.  WESTCOTT.— I  did  not  use  the  language  which  the  Sen- 
ator supposes  be  heard  me  utter,  and  I  do  not  consider  it  imjior- 
tant  enough  to  repeat  what  I  did  say. 

Mr.  BALDWIN.— I  should  be  very  happy  if  the  gentleman 
would  inform  us  whether  that  meeting  was  or  was  not  entirely 
sejtional? 

Mr.  DAYTON. — It  seems  to  me  that  the  proposition  of  the 
Senator  from  Delaware  does  not  involve  at  all  the  dilficullies  pend- 
in"  in  this  chamber.  The  proposition  is  to  refer  the  question  of 
slavery,  so  far  as  it  respects  Oregon,  to  this  special  committee  of 
ci"ht,  in  order  that  they  may  ascertain,  after  consulting  together, 
whether  any  plan  can  be  devised  by  which  this  difficulty  may  bo 
surmounted.  Now,  I  ask,  is  there  one  man  in  this  chamber  or  out 
of  it,  throughout  the  length  and  breadth  ol  this  land,  who  leels 
that  in  point  of  fact,  there  is  any  dilficulty  about  Oregon  * 

Mr  CLAYTON.— The  Senalor  misunderstands.  There  is  no 
dilficulty  about  Oregon;  but  is  not  the  Senator  aware  that  there 
are  amendments  before  the  Senate  applicable  to  all  the  territories, 
and  that  these  are  to  be  referred  to  the  committee  ? 

Mr  DAYTON.— I  have  not  overlooked  the  previous  explana. 
tion  of  the  Senator,  nor  the  proposition  of  the  Senator  fiom  Indi- 
ana to  refer  the  whole  matter  to  the  committee;  but  those  por- 
tions of  the  President's  message  relating  to  Calilornia  and  Mew 
Mexico  still  remain  in  the  hands  of  the  Territorial  Committee 
As  to  the  existence  of  slavery  in  Oregon,  or  any  where  north  of 
40^  it  is  all  a  farce,  and  in  my  judgment-I  say  it  with  all  res- 
nect— there  is  much  more  excitement  here  upon  that  subject  than 
n  the  country.  It  is  bv  stirring  this  matter  up  here,  and  making 
his  chamber  the  centre"of  a  whirlpool,  that  we  ihiow  these  waves 
hither  and  yon  all  over  the  country.  If  wc  can  stop  it  here,  we 
stop  it  substantially  altogether. 

Mr.  FOOTE.— The  Senator  certainly  docs  not  mean  to  say 
that  it  commenced  here. 

Mr  D  \YTON.— I  do  not  mean  to  say  that  there  has  not  been 
some  general  feeling  throughout  the  country,  but  it  has  originated 
vcrv  much  in  the  two  chambers  of  Congress.  As  a  practic'al  ques- 
tion it  amounts  to  very  little  elsewhere,  either  as  respects  Oregon, 
New  Mexico,  or  California.  If  forced  to  a  vote,  those  of  us  who 
came  from  the  free  States  may  bo  obliged  to  vote  in  a  particular 
But  I  deny  that  there  is  any  real  difficulty  in  the  question- 


way. 


all 


for  in  my  iudgmeut,  the  treaty  praclically  absolved  us  Irom  . 
diliicultv  in  relation  to  the  slavery  question.  I  do  not  mean  to  say 
that  It  i"t  be  left  open  some  man  may  not  carry  a  slave  to  Oregon 
or  that  some  slave  may  not  run  there.  I  do  not  mean  to  say  ihat  il 
New  Mexico  and  CaUlornia  be  left  open,  individual  slaves  may 
not  be  taken  there;  but  1  say  that  circumstances  lorb.d  the  exist- 
ence of  slavery  in  a  permanent  institution  in  one  territory  or  ibo 
other  Looking  at  the  productions  of  the  oounlry,  and  lis  relations 
in  reference  to  slavery  in  other  parts  of  the  country,  it  is  my  judg- 
ment that  New  Mexico  and  California  cannot  become  planting; 
State's-  and  experience  has  shown  that  slave  labor  cannot  be  made 
productive  in  agricultural  or  grazing  countries  And  ye <•'»"'« 
face  of  all  thisT  we  are  raising  issues  and  producing  excitement, 
the  end  of  which  no  man  can  see. 

Mr.  FOOTE.— Does  the  Senator  mean  to  compare  any  excite- 
ment  here  with  that  which  lias  brought  up  anolUcf  Presidential 
csuiiiidaie  in  New  York  ?  -  • 


884 


THE  OREGON  BILL. 


fWEDNESDAy, 


Mr.  DAYTON. — If  tlie  gentleman  desires  iny  opinion  as  to  the 
oomparitive  niasnitude  ol'  the  excitement  here  and  in  New  York, 
I  would  say  that  if  to  he  judsjcd  of  hy  numhers,  it  is  greater  in 
New  York;  hut  if  its  importance  be  the  test,  it  is  greatest  here. 
I  desire  the  whole  subject  to  be  referred,  ns  suggested  by  the  Sen- 
ator IVoin  Indiana.  11'  the  question  is  really  to  bo  settled,  gentle- 
men will  know  whether  to  debate  it  or  not;  but  if  it  is  to  be  merely 
talked  about,  many  do  not  care  to  engage  in  the  talk,  and  I  am 
one  of  them. 

Mr.  CALHOUN. — I  am  very  glad  to  hear  the  Senator  from 
New  Jersey  say  that  this  is  not  a  practical  question;  ami  I  hope, 
therefore,  that  he  will  leave  it  open.  We  are  in  favor  of  free  terri- 
tory, and  opposed  to  monopoly.  We  wish  to  leave  the  soil  open  to 
every  American  citizen  so  long  as  it  remains  a  territory,  leaving 
the  people  to  form  thoir  own  government  when  it  becomes  a  Slate. 

Mr.  DAYTON. — The  Senator  goes  for  free  territory;  so  do  I. 
The  question  is  in  reference  to  free  territory  in  Oregon,  and  the 
people  of  Oregon  want  the  territory  to  continue  free;  and  all  that 
the  Senator  asks  is,  that  the  restrictions  may  be  removed,  so  that 
he  can  go  there  with  his  .slaves. 

Mr.  CALHOUN.' — The  Senator  says  that  it  is  an  abstract  ques- 
tion; why  not  leave  it  open?  We  got  Oregon  from  France  and 
Spain — both  slaveholding  communities  We  got  New  Mexico  and 
California  also  from  a  slaveholding  community.  Strike  out  the 
]2lh  tection  of  the  bill  and  leave  the  territory  as  you  find  it. 

Mr.  DAYTON. — I  am  for  leaving  the  territories  ns  we  fourd 
ihem,  and  I  trust  the  Senator  will  join  with  me.  1  would  leave  it 
as  it  now  is  with  great  pleasure,  exactly  as  you  lind  it — free  from 
slavery. 


Mr.  CALHOUN.— It  is  slave  territory. 
slaveholding  countries  ? 


Did  we  not  get  it  from 


Mr.  DAYTON.— Not  at  all.  I  hold  that  we  did  not  get  Ore- 
gon through  the  purchase  of  Louisiana.  I  hold  that  the  discussion 
proved — if  it  proved  anything — that  Oregon  did  not  come  from 
that  .source;  and  eortainiy  we  did  not  get  New  Mexico  from  that 
source. 

Mr.  CALHOUN. — Certainly.  Slavery  existed  throughout  ilio 
dominions  of  Spain  on  this  continent.  We  got  Oregon  partly  from 
Spam  and  partly  I'roui  France — both  slaveholding  communities. 

Mr.  DAYTON. — As  to  the  origin  of  our  title  to  Oregon,  there 
has  been  some  diU'erence  of  opinion.  But  that  the  territory  is  free 
— that  the  foot  of  a  slave  has  never  passed  its  soil,  no  man,  I  be- 
lieve, ever  controverted.  Oregon  is  now  free;  and  its  inhabitants 
have  saiil  that  it  shall  continue  free.  Permit  me  now  to  ask  the 
Senator  from  South  Carolina  does  he  not  believe  that  this  is  an 
abstract  question  as  respects  Oregon?  Does  he  believe  that  sla- 
very can  ever  be  introduced  there;  and  if  so,  why  does  he  desire 
to  change  the  existing  law  whicji  has  been  adoptetf  by  the  peo|de  ? 


Mr.  CALHOUN. — Whatever  territory  we  purchase  from  any 
community,  if  slaveholding  at  the  titue  of  the  purchase,  the  terri- 
tory must  follow  that  law.  Everyone  who  remembers  the  discus- 
sion knows  that  more  reliance  was  placed  upon  our  title  through 
France  than  on  any  other.  One  of  the  ablest  gentlemen  on  that 
side  of  the  chamber  [Mr.  Evans]  declared  that  that  was  our 
strongest  title.  All  the  possessions  of  Spain  were  open  to  slavery. 
Now,  I  put  it  to  the  Senator,  that  he  is  bound  to  unite  with  us, 
and  make  it  free  territory — open  to  every  American  citizen. 

Mr.  DAYTON. — The  Senator  has  put  that  question  half  a  drf- 
zen  times,  and  I  have  answered  him.  The  difference  between  us 
relates  to  a  matter  of  fact.  He  says  the  territory  was  slave  terri- 
tory when  wo  got  it.  In  my  judgment,  it  was  not.  In  reference 
to  the  existing  state  of  things  upon  which  we  are  called  to  act,  we 
should  respect  the  wishes  of  the  people  of  these  territories,  and 
take  their  laws  as  they  have  made  them,  and  by  which  they  choose 
to  abide. 

Mr.  BRIGHT  pressed  his  suggestion,  that  the  whole  subject 
should  be  referred  to  the  select  committee. 

Mr.  CLAYTON  said,  that  as  the  gentleman  seemed  to  be  so 
strenuous  in  his  request,  he  would  not  oppose  it,  and  he  modified 
his  motion  accordingly. 

Mr.  DAVIS,  of  Massachusetts,  moved  that  the  Senate  ad- 
journ. 

Several  Senators. — No!  no  !  Let  the  question  be  taken  on 
the  motion  for  a  committee  first. 

Tlie  motion  to  adjourn  was  determined  in  the  negative. 

Mr.  HALF,  demanded  the  yeas  and  nays  upon  ihe  question  of 
agreeing  to  the  motion  of  Mr.  Clayton,  as  modified  ;  which  were 
ordered,  and  it  was  determined  in  the  affirmative  as  follows  : 

VEAS. — Mes-vs.  Atclii^^ori,  Allierton.  Badger.  Bell.  Benton.  Berrien,  Borland, 
Breese,  Bright,  Bmler,  Cailionn,  Clayton,  Davis,  of  Mississippi.  Dayton,  Dickinson', 
Downs.  Koote,  Hannepan,  Hunter,  Johnson,  of  Marvlancl.  Johnson,  of  Louisianai 
.I,ewisM,  ason,  Metcalle,  Rnsk,  Sebastian,  Spruance,  Turaey,  Underwood,  Wesl- 
colt,  and  Yulee. — 31. 

NAV.S.— Messrs.  Baldwin,  Bradhury,  Clarke,  Corwin.  Davis,  of  MassachnseMs, 
Dix,  Fitzgerald,  Greene,  Hale,  Hamlin,  Miller,  Niles,  Upham,  and  Walker— H. 

So  it  was 

Ordered,  That  the  bill,  with  the  several  amendments  propo.sed 
thereto,  he  referred  to  a  select  committee,  to  consist  of  eight  mem- 
bers, to  be  appointed  by  ballot  ;  lh.a  the  Committee  on  Territories 
be  discharged  from  the  consideration  of  so  much  ol  the  President's 
message  as  relates  to  New  Mexico  and  California  ;  and  that  the 
same  be  referred  to  the  proposed  committee. 

On  mot?on  by  Mr.  CLAYTON,  it  was 

Ordered,  That  the  Senate  will,  at  12  o'clock  to-morrow,  pro- 
ceed to  the  appointment  of  the  committee. 

On  motion, 

The  Senate  adjourned. 


July  13. J 


I'ETITIONS— RESOLUTIONS,  ETC. 


885 


THURSDAY,  JULY  13,  1848. 


CBEDENTIAI.S. 

Mr.  LEWIS  prosented  the  credentials  of  the  Hon.  Willum  R. 
King,  appointed  a  Senator  by  the  Governor  of  tlie  State  of  Ala- 
bama, to  till  the  vacancy  occasioned  by  the  resignation  of  the  Hon. 
Arthur  P.  Bagby,  which  were  read  ;  and  the  oath  prescribed  by 
law  having  been  administered  to  Mr.  King,  be  took  his  seat  in  the 
Senate. 

riMr.  JOHNSON,  of  Maryland,  presented  the  credentials  of  the 
Hon.  James  Alfred  Pearce,  elected  a  Senator  by  the  General 
Assembly  of  ihe  State  of  Maryland  for  si.x  years  from  and  afieu 
the  4th  day  of  March,  1849  ;  which  were  read. 

Ordered.  That  they  lie  on  the  table. 

PETITIONS. 

Mr.  DIX  presented  the  petition  of  a  committee  of  the  Prison  As- 
sociation of  New  York,  praying  a  modification  of  the  act  regula- 
ting fines  in  ihe  courts  of  tlie  United  States  ;  which  was  referred 
to  the  Committee  on  the  Judiciary. 

Mr.  CAMERON  presented  a  memorial  of  merchants,  traders, 
and  others,  of  the  city  of  Pbiladelpliia,  praying  the  adoption  of 
measures  for  insuring  greater  expedition  and  regularity  iti  the 
great  northern  and  southern  mails  ;  which  was  referred  to  the 
Comoiittee  on  the  Post  Office  and  Post  Roads. 

pre-emption  claims. 

Agreeably  to  notice,  Mr.  DOWNS  asked  and  obtained  leave  to 
bring  in  a  bill  to  facilitate  the  entry  of  pre-emption  claims  ;  which 
was  read  the  first  and  second  times,  by  unanimous  consent,  and  re- 
ferred to  the  Committee  on  Private  Land  Claims. 

MESSAGE  FROM  THE  HOtJSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  Preii'Ient:  The  Honse  of  Representatives  have  passed  a  bill  from  tlie  Senate 
to  contirm  to  the  legal  represeatatives  of  Joseph  Dutaillesthc  location  of  a  certain  New 
Madrid  eertilicate. 

They  have  passed  the  bill  for  the  relief  of  Jose  ArgoteVillalobos, Marie  Rose,  Fran- 
cois Felix,  Marquis  de  Fougerci,  or  their  heirs  or  legal  representatives. 

Also,  the  bill  to  revive  an  act  authorizins  certain  soldiers  in  the  late  war  fwitli 
Ureal  Britain]  to  surrender  the  bounty  lands  drawn  by  them,  And  to  locate  others  in 
lieu  thereof,  with  an  amendment  to  each,  in  which  they  request  the  concurrence  of 
the  Senate. 

They  have  pas-sed  billsof  the  following  titles,  in  which  tlieyreqnest  tlie  concurrence 
of  the  Senate : 

An  act  to  admit  certain  articles,  of  the  growtli  or  production  of  Canada,  into  the 
tTnited  States  free  of  duty,  upon  condition  that  like  articles,  of  tlie  growth  or  produc- 
tion uf  the  United  States,  are  admitted  iuto  Canada  free  ofiluty. 

An  act  to  annex  that  part  of  the  State  of  Indiana  bordering  on  Michigan  to  the 
Chicago  collection  district. 

An  act  in  addition  to  an  act  entitled  "An  act  for  the  relief  of  the  rescued  inhabit- 
ant,s  of  the  reserved  township  in  Gibson  county,  in  the  State  ol  Indiana,"  approved 
August  11,  18*2. 

The  President  ol  the  United  States  approved  and  signed,  the  10th  July,  the  follow- 
ing acts  : 

Au  act  making;  appropri.ilions  for  the  service  ofthe  Post  Office  nepattment  for  the 
year  ending  30tli  June,  18411. 

An  act  to  establish  the  collection  district  of  Brunswick,  in  the  State  of  Ceorgia. 

Joint  resolution  to  change  the  location  of  a  light-house  on  Lake  Superior,  in  llie 
Slate  of  Michigan. 

Joint  resolution  disposing  of  two  brass  field  pieces  captured  at  the  battle  of  Beu- 
ningtoii  in  17711. 

LIGHT-HOUSE  BILL. 

On  motion  of  Mr.  DAVIS,  of  Massachusetts,  the  prior  orders 
were  postponed ,and  the  bill  making  appropriations  for  light-houses, 
light-boats,  buoys,  &.C..  snJ  providing  for  the  erection  and  estab- 
lishment of  the  same,  was  read  the  second  time,  and  considered 
as  in  Committee  of  the  Whole. 

Mr.  DAVIS,  of  Massachusetts,  moved  to  amend  the  bill,  at 
page  5,  under  the  head  of  "  Georgia,"  by  striking  out  lines  9(j  to 
99.  inclusive,  [the  same  provision  being  made  under  the  head  ol 
"  Florida  ;"]  which  was  agreed  to. 

Mr.  DAVIS  moved  further  to  amend  tho  bill,  in  line  113,  by 
striking  out  "  Kehoon,"  and  inserting  "Racoon;"  which  was 
agreed  to. 

Mr.  DAVIS  moved  further  to  amend  the  bill,  in  the  same  line, 
by  inserting  "  $12,000"  after  the  word  "  point  ;"  which  was  agreed 
to. 

Mr.  DAVIS  moved  further  to  amend  the  bill,  in  line  115,  by  in- 
serting "  $12.000, ■•  after  the  word  "foster  ;"  which  was  agreed 
to. 


Mr.  DAVIS  moved  further  to  amend  the  bill,  In  the  same  line, 
by  striking  out  the  word  "  thereof,"  after  the  word  "  lieu,"  and 
inserting  the  words  "  of  the  ;"  which  was  agreed  to. 

Mr.  DAVIS  moved  further  to  amend  the  bill,  in  the  116th  line, 
by  inserting  "  $10,000  "  after  the  word  "  shoal ;"  which  was 
agreed  to. 

Mr.  YULEE  inquired  when  this  bill  was  reported? 

Mr.  DAVIS,  of  Massachusetts. — The  Clerk  will  inform  the 
Senator. 

The  PRESIDING  OFFICER.— It  was  reported  on  the  SUihof 
June. 

Mr.  YULEE  desired  to  state  that  tho  bill  was  not  on  bis  table. 
It  was  usual  for  such  bills  to  originate  in  the  other  Houne,  and  he 
asked  that  it  might  be  postponed. 

Mr.  DAVIS,  of  Massachusetts,  could  not  consent  to  the  post- 
ponement. Ho  would  have  no  objeclivin  if  he  could  see  a  prospect 
of  the  bill  being  acted  upon  by  the  other  Hou.se  in  time,  but  he 
could  not,  and  he  bad  been  urged  to  press  the  bill  here. 

Mr.  YULEE  said  it  was  only  a  short  postponement  he  desired, 
to  examine  the  bill. 

Mr.  D.WIS  said  he  had  given  notice,  some  days  ago,  that  be 
should  call  the  bill  up  on  the  first  opportunity  that  presented  it- 
self, and  Senators  had  had  ample  time  in  the  meanwhile  to  exam- 
amine  it. 

Mr.  YULEE  said  it  had  been  his  misfortune  not  to  hear  the  nn- 
tice.  He  desired  to  have  an  opportunity  of  looking  into  the  ap- 
propriations for  that  section  of  the  country  which  he  represented. 

Mr.  BADGER  hoped  the  bill  would  not  be  postponed. 

Mr.  DAVIS  said  the  Senator  from  Florida  could  lay  his  views 
before  tho  committee  of  the  House,  when  the  bill  went  there,  if  he 
desired  any  amendment  made. 

Mr.  YULEE  thought  a  single  day  could  not  make  much  difler- 
ence.  He  had  just  glanced  over  the  bill,  and  found  a.  section  for 
the  appointment  of  a  board  of  examiners,  wilh,  as  he  thought,  very 
extraordinary  and  dangerous  powers. 

Mr.  DAVIS  intiuired  whether  the  Senator  from  Florida  supposed 

the  section  embraced  anything  beyond  light-houses. 

Mr.  YULEE  read  the  section.  He  could  not  help  thinking  it 
covered  a  very  large  ground.  'The  terms  "  facility  to  navigation" 
and  "  any  other  improvement,"  were  susceptible  of  being  con- 
strued to  mean  many  other  kinds  of  improvement  than  light-houses 
or  light-boats.     He  moved  to  strike  out  the  section. 

The  question  being  taken,  the  motion  to  strike  out  the  section 
was  disagreed  to. 

The  bill  was  then  reported  to  the  Senate;  and  the  amendments 
were  concurred  in. 

Ordered,  That  tho  bill  be  engrossed  and  read  a  third  time. 
The  said  bill  was  read  a  third  time  by  unanimous  consent. 
Resolved,  That  tliis  bill  pass,  and  that  the  title  thereof  be  as  aforesaid. 

'    Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  said  bill. 

THE  SELECT  COMMITTEE. 

The  SenattJ  proceeded  to  ballot  for  the  select  committee  to 
whom  were  referred  the  bill  to  establish  the  territorial  government 
of  Oregon,  the  several  amendments  proposed  thereto,  and  so  much 
of  the  message  of  the  President  ofthe  United  States  as  relates  to 
New  Mexico  and  California  ;  and  it  was 

Ordered.  That  the  committee  consist  of  Mr.  Clatto.v,  chair- 
man, Mr.  Bright,  Mr.  Calhoun,  Mr.  Clarke,  Mr.  Atchison, 
Mr.  Phelps.  Mr.  Dicki.nson,  and  Mr.  Underwood. 

Mr.  DICKINSON  submitted  the  following  motion  ;  which  wa> 
considered  by  unanimous  consent  and  agreed  to. 

Ordered,  That  the  select  committee  to  whom  was  referred  the 
President's  message  relating  to  the  organization  of  territorial  go- 
vernments in  Oregon,  Upper  California,  and  New  Mexico,  have 
the  use  of  the  ante-room  during  their  sittings. 

GRANT  OF  LAND  TO  ARKANSAS. 

Mr.  BORLAND,  from  the  Committee  on  Public  Lands,  to 
whom  was  referred  the  bill  to  grant  to  the  State  of  Arkansas  cer. 
lain  unsold  land,  subject  to  overflow,  for  purposes  of  internal  im- 
provement, education,  and  other  purposes  m  said  State,  reported 


886 


CLAIMS  OF  THE  CHEROKEES,  ETC. 


[Thursday, 


it  with  an  amendment,  and  submitted  a  special  report  on  the 
subject,  which,  with  the  accompanying  map,  was  ordered  to  bo 
printed. 

PORT    OF    ENTRY    AT    BANGOR,    MAINE. 

Mr.  DIX,  from  the  Committee  on  Commerce,  to  whom  was  rr. 
ferred  the  bill  to  make  Banijor  a  port  of  entry  for  ships  or  vessels 
coming  Ironi  and  beyond  the  Cape  of  Good  Hope,  reported  the 
some  without  amendment. 

The  Senate  proceeded  to  consider  the  said  bill  as  in  Committee 
of  the  Whole,  and  no  amendment  being  made,  it  was  reported  to 
the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time. 

Rfsolvfd,  That  this  bill  pass,  and  that  the  title  thereof  he  as  aforesaid. 

Ordered.  That  the  .Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

UNITED    STATE.'!    COURTS    IN    KENTUCKY. 

Agreeably  to  notice,  Mr.  UNDERWOOD  asked  and  obtained 
leave  to  bring  in  a  bill  to  cliange  the  time  of  holding  tlie  circuit 
and  district  courts  of  the  State  of  Kentucky  ;  which  was  read  the 


first  and  second  times,  by  unanimous  consent,  and  considered  as  in 
Committee  of  the  Whole  ;  and  no  amendment  being  made,  it  was 
reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Resolved,  That  thi,.  bill  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretarjf  request  the  concurrence  of  the 
House  of  Representatives  therein. 

CLAIMS    OF   THE    CHEROKEES. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  nonsi- 
deration  of  the  resolution  authorizing  the  proper  accounting  ofli- 
cers  of  the  Treasury  to  make  a  just  and  fair  settlement  of  the 
claims  of  the  Cherokee  nation  of  Indians  according  to  the  princi- 
ples established  by  the  treaty  of  August.  184G  ;  and  after  debate, 
[a  report  of  which  will  be  found  in  the  Appendi.x,] 

The  Senate  proceeded  to  the  consideration  of  Executive  busi- 
ness ;  and  alter  sometime  spent  therein. 

On  motion. 
The  Senate  adjourned. 


July  14. J 


THE  SENATE  REPORTS. 


887 


FRIDAY,  JULY  14,  1848. 


POSTAGE    ON    NEWSPAPERS. 

Mr.  NILES,  from  the  Committee  on  the  Post  OtTico  ami  Post 
Roads,  to  whom  was  referred  the  bill  from  the  Hoiiso  of  Repre- 
sentatives to  regulate  the  postage  on  newspapers,  and  lor  other 
purposes,  reported  it  with  an  amendment. 

PRIVATE    BILLS. 

Mr.  MASON,  from  the  Committee  of  Claims,  to  whom  was  re- 
ferred the  following  bills  from  the  House  of  Representatives  : 

An  acl  for  tlio  relief  of  Dr.  Adolpiins  Wislizenoi  ; 

An  act  for  the  relief  of  Joshua  Barney,  Unit?d  States  aj;ent ; 

reported  the  same  without  amendment. 

Mr.  BALDWIN,  from  the  Committee  of  Claims,  to  whom  was 
referred  the  bill  from  the  House  of  Represcntalives  for  the  relief 
of  Charles  Benns,  reported  it  with  an  amendment. 

Mr.  BRADBURY,  from  the  Committee  of  Claims,  to  whom 
was  referred  the  bill  Irom  the  House  of  Representatives  for  the 
relief  of  Joseph  C.  Doxey,  reported  it  without  cmendiuent. 

V.    S.  DISRRICT  JUDGE  IN  LOUISIANA. 

Mr.  BUTLER,  from  the  Committee  on  the  Judiei.irv,  who 
were  instructed  to  inquire  into  the  expcdieney  of  makins;  an  ap- 
propriation lo  pay  an  extra  compensation  to  (he  judge  of  The  Uni- 
ted tjiaies  district  court  for  the  State  of  Louisiana,  for  certain  jii- 
iiieial  services,  siibmitled  a  report,  which,  with  the  acconipanyinn- 
documents,  was  ordered  to  be  printed.  "     " 

EXTENSION  OF  THE  CIRCUIT  COURT  SVSTEM. 

On  motion  I  y  Mr.  BUTLER,  it  was 

Ordered,  That  the  Committee  on  the  Judiciary  be  discharged 
from  the  further  consideration  of  the  resolution  respccling  tlie'cx- 
teiision  of  the  circuit  court  system  to  Texas,  Florida,  Iowa,  and 
Wisconsin. 

COLLECTION     DISTRICT. 

Mr.  DL\,  from  the  Committee  on  Commerce,  to  whom  was  re- 
ferred the  bill  from  the  House  of  Representatives  to  establish  a 
collection  district  in  the  State  of  South  CaroHna,  and  for  other  pur- 
poses, reported  it,  with  an  amendment. 

The  Senate  proceeded  to  consider  said  bill,  as  in  Committee  of 
the  Whole;  and  having  been  amended,  it  was  reported  to  the  Sen- 
ate, and  the  amendment  was  concurred  in. 

Ordered,  That  the  amendment  be  engrossed  and  the  bill  read 
a  third  time. 

The  said  bill  was  road  a  third  time,  and  the  title  was  amended 
so  as  to  read  "An  act  to  annex  the  town  of  Essex,  in  iho  Stii  te  of 
Massachusetts,  to  the  collection  district  of  Gloucester." 


Resolved,  That  this  hil 


*  with  amentimt-nls. 


Ordered,  That  the  Secretary  request  the  coneurrence  of  the 
Houss  of  Representatives  in  the  amendments. 

THE  SENATE  REPORTS. 

Mr.  NILES  submitted  the  following  resolution  and  asked  lor  its 
immediate  consideration  : 

JiPFoirfid,  That  the  comniiltee  lo  audit  ami  control  Ihc  contingent  cx|»cnscs  of  the 
Senate,  he  itislrucled  to  inquire  whelhcrihe  contract  lor  reporiing  the  procecitin!;»  and 
dehaus  of  the  Senate,  has  been  failhfnlly  executed,  tmd  wiuither  tiie  saine  Iiits 
answered  tlie  purpose  expected  ;  and  if  not,  to  report  some  measure  to  remedy  ihe 
evil. 

Mr  NILES. — The  resolution  explains  itself.  I  do  not  know- 
that  I  understand  what  the  precise  requirements  of  the  contract 
are,  but  I  believe  that  the  proceedings  of  each  day  were  to  he  laid 
upon  the  tables  of  Senators  off  the  following  day.  But  whether 
the  contract  was  adhered  to  is  one  tpiesiion,  imd  another  is  wlieih- 
er  It  has  answered  the  expectations  and  purposes  of  those  who  fa- 
vored the  plan  at  the  outset  ?  As  to  the  contractor,  I  suppose  he 
has  endeavored  to  perform  his  duty  failhfullv;  and  without  refer- 
ence to  that  question,  I  ofl'er  the  resolution,  under  the  conviction 
that  the  plan,  whether  carried  out  according  to  the  contract  or 
not,  has  entirely  failed  to  follil  the  expectations  of  Senators;  for  it 
is  very  well  known  to  every  Senator,  ihalthe  proceedings  of  this 
body  are,  to  all  substantial  purposes,  suppressed.  I  noticed  in  one 
of  the  newspapers  this  morning*  as  a  matter  of  curiosity,  the  eom- 

*  NoTK. — Upon  an  examination  of  the  paper  retereil  to.  ffAc  ^Yathntli  Intelli- 
ffcncer,}  I  (ind  that  the  eleven  and  a  half  columns  devoted  to  the  House  of  Rcpreseiil- 
atives,  comprise  t/trce  rfdy.s'  prurec'liit^.':,  and  is  made  np,  not  of  debate,  hnl  of 
amendments  and  e.vtdanationsolaYtiendments  to  the  hilt  under  consideiation,  and  of  ex- 
cuses offered  by  members  who  were  fineil  for  absence  during  a  call  of  tlie  House. — 
Reporter. 


p.aralivc  quantity  of  reports  given  of  the  proceedings  of  the  Senate 
and  House  o(  Represeniatives,  of  which  were  eleven  columns  and 
a  hall  for  the  House,  and  for  the  Senate  only  half  a  column.  Well, 
now,  this  IS  the  public  record  that  goes  out  lo  the  people  of  the 
country  in  regard  lo  the  jiroeecdings  of  the  Senate.  Why,  the  Se- 
nate a|)parently,  is  of  no  sort  of  consequence  here.  The  public 
knows  nothing  nf  what  we  are  about.  We  might  as  well  sit  wiih 
closed  doors.  The  reports  which  come  out,  are,  1  believe,  sub- 
stantially correct,  and  well  got  up,  but  the  difficulty  is,  that  they 
come  so  late  that  they  are  of  no  use  except  lor  posterity.  Prol>. 
ably  they  will  be  valuable  for  the  antiquarian,  or  the  historian, 
but  for  present  purposes  they  are  totally  useless! 

Mr.  CLAYTON. — I  do  not  rise  to  oppose  the  resolution,  but  I 
preler  that  it  should  remain  its  usual  time  before  the  vote  be  taken 
U)ion  it. 

Mr.  FOOTE. — The  resolution,  although  it  merely  proposes  an 
inipiiry,  implies  delinquency  on  the  jiart  of  the  individual  who  has 
contracted  to  furnish  reports  ;  I  cannot,  therefore,  consent  to  its 
adoption  unless  delinquency  be  shown,  or  unless  some  good  and 
suliicient  reason  be  assigned  why  such  resolution  should  be  adopt- 
cd.  In  regard  to  the  non. publication  of  the  reports  in  Ihe  news- 
papers, I  feel  bound  to  say  that  we  cannot  hold  our  reporter  re- 
sponsible. He  is  willing  to  supply  the  ncwspajiers  both  in  this 
city,  and  throualiotit  the  country,  anil  I  know  that  he  does  supply 
them  with  copies  of  the  reports,  and  if  they  do  not  publish  them, 
it  is  not  his  fault.  The  ai  rangement  may  have  been  im  injudicious 
one  in  the  lirst  instance;  it  may  have  had  the  cflcct  of  preventing 
so  early  a  publication  as  otherwise  would  have  taken  jilace  of  ii 
summary  of  debates;  but  without  it,  we  would  have  had  noihin-r 
like  the  amount  of  reporting  that  has  been  done.  And  in  regard 
to  the  delay  of  piibhcalion,  my  impression  is,  that  it  will  be  found 
to  be  Ihe  fault  of  Senators.  I  iindcrlake  to  assert,  that  were  it 
not  for  the  fact  ihat  Senators  justly  careful,  perhaps,  of  their  re- 
|]ulatioiis,  have  from  time  lo  time  held  b.ack  the  reports  of  iheir 
spceehes  for  ihc  purpose  of  revising  and  re-revising  them,  the  de- 
lay would  not  have  occurred.  ' 

Objection  being  made,  the  resolution  lies  over  one  day  under 
the  rule. 

HOUSE   BIIXS   REFERRED. 

The  following  bills  from  the  House  of  Represcntalives  were 
read  the  first  and  second  times  by  unanimous  consent ; 

An  act  10  annex  that  part  of  the  .State  of  Indiana  borilering  on  Lake  Michigan,  to 
the  Cliicago  collection  district. 

An  act  to  ailmil  certain  aniclcs  of  the  prowtli  or  production  of  Canada,  into  the 
United  Slates  free  of  dnty,  tipon  Ihe  conditron  Ihat  tne  like  articles,  oflhe  ;;rowlli  or 
production  of  the  United  Stale*  are  admitted  into  Canada  fret,  of  duty. 

Ordered,  That  tliey  be  referred  to  tlie  Committee  on  Commerce. 

The  bill  in  addition  to  an  act  for  the  relief  of  the  inhabitants  of 
the  reserved  township  in  Gibson  county,  in  the  State  of  Indiana, 
approved  August  11th,  1842,  was  read  the  first  and  second  limes 
by  unanimous  consent. 

Ordered,  That  it  be  referred  to  the  Coiiimittce  on  Public  Lands. 

AMENDMENTS    REFERRED. 

The  Senate  proceeded  to  consider  the  amendment  of  the  House 
of  Representatives  lo  the  bill  for  the  relief  of  Jose  ,\rgoie  Villa- 
lobos,  Marie  Rose,  Francois  Felix,  ]^arquis  do  Fougeres,  or  their 
heir.s  or  legal  represeniatives  ;  and  it  was 

Ordered,  That  it  be  referred  lo  the  Committee  on  Private  Land 
Claims. 

The  Senate  proceeded  to  consider  the  amendment  of  the  House 

of  Representatives  to  the  bill  to  revive  an  act  authorizing  certain 
snidieis  in  the  lale  war  wilh  Great  Britain,  to  surrender  the  boun- 
ty lands  drawn  by  them,  and  to  locale  otiiers  in  lieu  thereof;  and 
it  was 

Ordered,  That  it  be  referred  to  the  Committee  on  Public  Lands. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbe>ll,  their  Clerk  : 

Mr.  President:  The  Honse  of  Represeniatives  agree  lo  the  conference  asked  by  Ihe 
Senate,  on  the  disagreeing  votes  of  the  two  Houses,  on  the  aniendiuenls  to  the  bill 
inaKing  ajiprojiriatious  Ibr  Uic  current  anil  contingent  eX|»enses  of  the  Indian  Depart- 
ment, and  for  fulfilling  treaty  sti|>HlaUons  vvitli  the  various  Indian  tribes  for  Uie  Year 
ending  June  30tJi,1849;  and  have  appointed  iMr.  Vinton,  Mr.  >*icoll.of  New  "i-ork, 
and  Mr.  Clin;jman,  of  North  Carolina,  mauageis,  at  llie  same,  on  their  jtart. 


8S8 


BRANCH  MINTS. 


[Friday, 


BRANCH    MINTS. 

On  motion  by  Mr.  DICKINSON,  the  prior  orders  were  post- 
poned, and  the  Senate  resumed,  as  in  Committee  of  the  Whole, 
the  consideration  of  the  bill  to  establish  a  branch  mint  of  the 
United  States  in  the  City  of  New  York. 

Mr.  DICKINSON. — This  bill  was  introduced  by  my  eoUeaprue 
two  years  ajro.  It  has  received  a  favorable  report  from  the  com- 
mittee as  often  as  it  has  been  introdnced,  and  at  the  last  session  it 
pas.sed  the  House  of  Representatives.  It  has  been  recommended 
by  the  President,  and  its  passage  has  been  urged  by  the  Secretary 
rif  the  Treasury.  It  will  appear,  by  reference  to  the  last  letter  of 
the  Secretary,  that  about  thirty  millions  of  dollars  of  foreign  coin 
have  been  imported  into  New  York  during  the  last  eleven  months, 
all  of  which  would  have  been  coined  if  there  had  been  a  mint  at 
New  York.  If  not  re-coined,  its  value  being  unknown  to  the 
mass  of  the  people,  it  cannot  go  into  circulation,  but  tinds  its  way 
mto  the  vaults  of  the  banks,  or  is  re-shipped,  in  place  of  sending 
bills  abroad.  If  specific,  detailed  information  be  desired  by  any 
Senator,  I  would  refer  him  to  the  reports  of  the  Secretary  of  the 
Treasury. 

Mr.  BUTLER. — The  reasons  that  have  been  assigned  by  the 
honorable  Senator  for  the  establishment  of  a  branch  mint  in  New 
York,  are  applicable  in  an  eminent  degree  to  the  city  of  Charles- 
ton.    I  therefore  ofl'er  the  following  amendment  ; 

Add  the  following  sections  : 

Sec.  7.  .rltul  hr  u  further  enacted^  That  a  brancll  of  the  mint  of  llie  United  Slates 
shall  be  estahlished  in  tlie  city  of  Cliarleslon,  in  the  Stale  of  Soiilli  Carolina,  for  the 
(■oina;je  of  gold  and  silver.  \m\  for  the  purpose  of  purchasing  a  site,  ereetinf:  a  suit- 
able t)Uililni>;,  and  comp'etin:^  tiie  necessary  eomhinations  of  machinery  lor  the  said 
hrantdi,  the  sum  of  two  hundred  thousand  dollars  is  herehy  apiiiojiriated,  to  he  [laid 
out  of  any  money  in  the  Treasury  not  otherwise  appropriated. 

SEr'.  H.  .■Inil  he  it  frtrtfitr  cnitrtcd,  That  so  soon  as  the  necessary  hnitdiu;;s  shall  he 
erected  for  Ihe  purpa^e  of  %%'ell  condnetins  the  business  of  the  said  branch,  the  fotlow- 
ing  nfticers  shall  be  appointed,  Ujion  llie  nomination  of  the  President,  and  witli  the  ad- 
vice and  consent  of  the  Senate,  viz  ;  one  superintendent,  one  treasurer,  one  assayer, 
one  inciter  aud  refrner,  and  one  coiner.  .\iid  the  said  superintendent  shall  engaee 
and  employ  as  many  clerks  and  as  many  suborilinate  workmen  and  servants  as  shall 
be  provided  for  by  law  ;  and  the  salaries  of  said  oflicers  and  clerks  shall  he  as  i'oilows  : 

To  the  superintendent  the  snni  of  two  tliousand  live  hundred  dollars;  to  the  trea- 
surer the  sum  of  two  thousand  dollars;  to  the  ass.-iyer.  two  thousand  dollars;  to  the 
meller  and  retiner  two  thousand  dollars;  to  the  coiner  I  wo  thousand  dollars;  to  two 
clerks  the  sum  of  twelve  hundred  dollars  each;  to  the  subordinate  workmen  anil  ser- 
vants, not  exceedin;;  twenty  in  number,  such  wages  and  allowances  as  are  customary 
and  reasonable,  acrordjiiji  to  their  respeclive  stations  and  occuiialions. 

Sec.  i).  Ami  be  it  fur  titer  enfieted.  That  thcotficers  and  clerks  to  be  appointed  un- 
der this  act,  belbre  entering  iijion  the  duties  thereof,  shall  take  an  oiilli  or  affirmation, 
before  some  Juiipe  of  the  Ui  i  ed  States,  faithfully  and  diligenlly  to  jietlbriii  the  duties 
thereof:  and  shall  each  become  hound  to  the  United  States  of  America,  with  oneor 
more  suretits,  to  thesatisfaetion  of  llie  director  ot'  the  mint  and  the  Sccietaiy  of  the 
Treasurv.  W'lth  condition  for  the  faithful  and  diliycnt  performance  of  the  duties  of 
their  otfices. 

•See.  1ft.  .■iml  be  it  further  enaeted.  Thai  the  ;ieneral  direction  of  the  business  of 
said  liranch  of  the  mint  of  the  United  States  shall  he  under  the  control  and  ie;,'ulaiion 
of  Ihe  director  of  the  mint  at  Philadelphia,  snbject  to  the  approbation  of  the  Secretary 
of  the  Treasury  ;  and,  lor  that  jiurpose,  it  shall  be  the  uutv  of  the  said  director  to 
prescribe  such  regulations  and  require  such  returns,  periodically  and  occasionally,  as 
shall  appear  to  him  to  be  necessary  for  the  purpose  of  carrying  into  elTect  the  intention 
of  this  act  in  establishing  the  said  branch  ;  also,  for  the  purpose  of  discriminating  the 
coin  wdiich  shall  be  stamped  at  said  branch  and  at  the  mint  itself;  also,  for  the  pur- 
pose of  preserving  uniformity  of  weight,  form,  and  liiiencss  in  the  coins  staniiied  at 
said  branch  ;  and,  for  that  purpose,  to  require  the  transmission  and  delivery  to  him  at 
the  mint,  from  time  to  time,  of  such  parcels  of  the  coinage  of  said  branch  as  lie  shall 
think  proper,  to  be  subjected  to  such  assays  and  tests  as  he  shall  direct. 

St;c  11.  .'hid  be  It  further  cneietcd.  That  all  the  laws  and  jiarts  of  laws  made  for 
the  regulation  of  the  mint  of  the  United  States,  and  for  the  government  of  the  oflicers 
and  persons  employed  therein,  and  lor  the  punishment  of  all  otf'cnces  connected  with 
the  mint  or  coinage  of  the  United  Slates,  shall  be,  and  the  same  are  hereby  declared 
lo  be,  in  full  force  in  relation  to  the  branch  of  the  mint  by  this  act  established,  so  far  as 
the  same  shall  be  applicble  thereto. 

Mr.  BADGER. — I  confess,  for  one,  1  have  hcatd  nothing  which 
shows  the  existence  of  any  particular  necessity  for  the  estabbsli- 
menl  of  either  of  these  branch  mints.  I'he  Senator  from  New 
York  assigns  as  a  reason  for  the  establishment  of  one  in  New 
York,  that  a  largo  amount  of  foreign  coin  arrives  there,  which, 
for  want  of  a  branch  mint,  instead  of  being  re-coined  and  put  in 
oir»:'ulaiion,  is  re-shipped.  How  far  that  is  the  fact,  I  ant  not 
able  to  determine.  But  as  far  as  tny  observtilion  extends,  it  seems 
to  me  that  our  own  proceedings  on  the  subject  has  tended  to  dis- 
courage the  coinage  of  foreign  gold.  Congress  has  adopted  as 
the  circulating  medium  of  this  country,  all  the  foreign  coins  of  the 
world;  and  when  they  are  received  by  the  banks,  they  are  re- 
tained, beeanse  they  answer  their  purpose  just  as  well — indeed, 
better  than  the  coinage  of  the  United  States,  inasmuch  as  this 
gold,  passing  by  weight  and  not  by  tale,  does  not  answer  tlio 
ends  of  those  who  wish  to  convert  the  notes  they  hold  into  specie. 
It  is  proposed  now  by  the  bill  and  timondincnt  together,  to  att- 
ihori'/.e  an  outlay  of  about  S125,UUtJ  fm-  the  purpose  of  providing 
suitable  buildings  lor  these  branch  mints,  and  I  suppose  it  would 
not  be  an  extravagant  supposition,  that  tptitc  as  largo  additioiuil 
appropriations  will  be  roijuired  belorc  tlie  respective  establish- 
ments arc  completed-  That  is  the  ordinary  experience  of  legisla- 
tive bodies  with  regard  to  all  appropritttions.  I  think  it  may  be 
safely  assumed,  then,  that  we  are  about  to  incur  an  expenditure 
of  a  million  of  riollars  for  pieptiring  the  two  establishments,  tind 
then  we  entail  tijion  Congress  a  large  annujtl  expense  for  the  pur- 
pose ot  keeping  them  up,  wliich  will  not  be  bs.ss  probably  th;in  S70,- 
000  or  $->l>,()tll).  And  what  good.  I  ask,  will  it  do  for  the  country  at 
lame?  If  there  be  this  large  amount  of  foreign  coin  tn  the  city 
of  Now  York,  and  there  be  a  necessity  for  its  re-cointige,  why  are 
not  those  who  hold  it  willing  to  have  it  re-coined  at  the  prinei])al 
mint  at  Philadelphia?  1  he  only  obstacle  is  the  cxpen.se  of  trans- 
portation and  the  insurance;  but  New  York  is  now  within  four 
hours  of  Philadelphia,  and  the  expense  of  trun.-.portation  is  trilling; 


and  if  Congress  is  desirous   that  this  money   shall  be  re-coined, 
would  it  not  be   better  for  us — would   it   not  be  cheaper  and  more 
advantageous  to  pass  a  law  by   which   the   United    States  should 
pay  the  expense  of  transportation,  and  ensure  its  safe  deliverance. 
The  transmission  and  return  of  fifteen  millions  of  dollars,  I  appre- 
hend would  not  cost  half  so  much  as  the  salaries  of  the  ofiicers  of 
your  branch  mint.     If  the  banks  are   not  keeping  foreign  gold  in 
preference  to    American    gold,  because  it   is   less  desirable  to  the 
holders  of  notes,  they  would  undoubtedly  be  just    as    willing  to 
send  it  to  Philadelphia  to  be  re-coined,  if  relieved   of  the  expense, 
and  sure  of  a  safe  return.     It  seems  to  me,  then,  that  we  are  about 
to  incur  a  very  needless  expense.     I  know  it   will  serve  to   adorn 
the  noble  coinmercial   metropolis   with    another   splendid  marble 
edifice,  that  will  attract   the    attention    of  foreigners,  add  grace 
and  dignity  to  the  appearance  of  the  city,  and  give  it  greater  ap- 
proximation to   a  "  city  of  palaces;"  and  I  for  one  could  have  no 
objection  to  all   that,  if  there  was  an  appropriate  amount  of  good 
to  be  accomplished  by  it.     I   trust  I    am    totally  incapable  of  any 
feeling  that  would  induce  me  to  desire  to  do  any  thing  to  diminish 
the  prosperity  and  beauty  of  that  city,  or  to  prevent  its  advancement ; 
but  the  only  effect,  as  I  conceive,  would  be  that  a  large  and  splen- 
did building  would  be  erected  in  the  city  of   New  York  at  a  great 
outlay  of  public  money,  which  will   atlord  convenience  to  such  of- 
ficers as  may  be  employed  in  it,  and  enlarge  the  patronage  of  the 
government  now  and  forever,  without  any  adequate  return  to  the 
people  of  the  United   States.     And   these   remarks   apply  also   in 
their   general  scope   and  character   to  Charleston  ;  but   as  far  as 
that  city  is  concerned,  I  would  take  even  more  pleasure  than  with 
regard  to  New   York,  in  adopting   a  measure  by  which  her   pros- 
perity might  be  advanced,  for  the  reason  that  she  has  lewer  natu- 
ral  advatTlages,  and  because  of  her   locality  in  the  neighborhood 
of  my  own  State,  which  would  make  me   giad  to  see  a  large  city 
there"  built  up.     But  the   question  arises,  whether  we  will  bo  jus- 
tified   inlaying  out  this  money  ?     Where   is  the   necessity  for  it? 
Where  the'  general  good  to  be  promoted  by  it  ?     1  confess  I  have 
been   unable  to    see  it,  with  regard  to  either  of  these  institutions. 
There  are  other  ma'.ters  connected  with  this  subject,  which,  in  my 
view,  afford  additional  objections   against  bo'.h  of  these  proposed 
establishments,  and   which  I  will   very  briefly  advert   to.     In  the 
first  [ilace,  I  believe,  myself,  that  the  establishment  of  any  branch 
mint,  was  to   say,  the  least  of  it,  a   measure  of  doubtful  utility. 
My  own   impression  is,  that   no  branch  mint  should  have  been  es- 
tablished, and  I  think  that  we  are  now  receiving  in  these  two  pro- 
positions,  proof  that   the  adoption  of  the   policy  of  establishing 
branch   minis  was  wrong   in  itself,    and  if  billowed  out,  will  pro- 
duce most   mischievous  effects  in  the  community.     I  suppose  ihat 
Congress  was,  in  the  first  place,  led— or,  as  I  think,  misled— into 
theirestablishtncnt  by  circumstances  peculiar  to  those  districts  of 
country  where   the  branch   mints  are   situated,  in  Georgia  for  in- 
stance, and  in   my  own   State  where   they  were   located  in  order 
that  they  might  be  in  the  neighborhood  of  the  gold  regioii,  on  ac- 
count of  the  want  of  easy  and  cheap  modes  of  transmission  from 
those  regions  to  the  great  sctit  of  coining  in  Philadelphia.     These 
reasons  were  plausible,  and  were  supposed  at  the  time  to  be  strong; 
at  all   events  Congress  was  induced   by  ihem  to  establish   branch 
mints  there  ;  but  the  same  reason  docs  not  exist  for  the  establish- 
ment of  one  in  New  York,  so  near  to  the  principal  mint,  and  hay- 
ing so  ready  and  easy  a  communication  with  it.     If  this  proposi- 
tio^n   prevails,  where   is  this  matter  to  end  ?    I  think  we  ought  to 
look  a  little  ahead.     Does  any  gentleman  believe  that. the   estab- 
lishment of  branch  mints   will' stop  with   these  two?     If  he  does, 
he  reasons  contrary  to  all   precedent.     We  shall  in  a  short    time 
have    applications  from    Boston,   Norfolk,   and   all    the   seaboard 
towns  lor    branch  mints  to  be  established  in  them,  until  the  origi- 
nal institution  is  lost  sight  of,  and  instead  of  one  great   establish- 
ment, we    shall  have  the  business   divided  among    little  establish- 
ments, insufficiently  supplied   with  work,  and  cairying  on  the  bu- 
siness of  coining  at  a  disproportionate  expense,  and  at  areat  dis- 
advantage to  the  country.     I,  for  one,  am  not  for  advancing  a  step 
further, '^n   what  I  believe  to  be   a  wrong  course.     But  there  are 
other  reasons  why  Congress  should  not  enter  upon  such  a  work  at 
this   time.      I  ask   my  honorable  friend   from  New  Y^ork,  whether 
he  has  so  soon  forgotten  the  strong,  the  pressing  recommendation 
of  the  President,  that  Congress,  for  the  purpose  of  meeting  the  ex  • 
pcnses  of  the  war  which  hasjust  closed,  should  abstain  as  lar  as  pos- 
sible   from  all  measures  demanding  an  expenditure  of  public  money 
not  absolutely  necessary-  I  admit  that  this  recommendation  liirnish- 
os  no  reason  why  a  really  necessary  expenditure  should  not  be  incur- 
red, but  I  think  under  the  circumstances  lo  which  the  President  re- 
fers, it  furnishes  a  very  strong  reason  why  there  should  be  no  expei  - 
diture,  unless  for  some  object  wliich  the  condition  of  the  country  de- 
mands.    And    I  .should    be    glad  to  know  what   inconvenience  the 
country  is   to   suffer  if  there   should    bo    no    branch   mint    at  New 
York,  or  at  Charleston,  for   the  next  six  years.     The  country  has 
gone  on  very  well  withiait  them  thus  lar,  and  I  think  it  can  go  on 
very  well  fir  a  few  years  longer,  until  we  pay  what  wo  owe.  and 
ascertain   whether  we  can  conveniently  incur   the  largo   expendi- 
ture which   this  bill  proposes.     I  hope  the   <iucstioii  will  bo  taken 
by  yeas  and  nays. 

Mr.  DICKINSON.- The  remarks  of  the  honorable  Sen:itor  in 
regaril  to  the  oxpeii.se  of  establishing  these  mints,  may  be  .Tpplicd  to 
any  public  structui-e.  If  the  Senator  draws  hisnotionsof  the  utility  of' 
branchminis  from  those  which  have  already  been  established.  I  am 
not  surpri.seil  at  hisopposition.  The  branch  mints  in  Georgia  and 
North  Carolina,  have,  I  believe,  in 


in  no  one  year  coined  more,  than 


July  14.] 


BRANCH  MINTS. 


889 


three  or  four  hundred  thousand  dollars  each.  But  the  Senator 
says,  that  if  the  mint  was  to  be  placed  in  the  neighborhood  of  the 
gold  mines  he  would  be  in  favor  of  it. 

Mr.  BADGER.— The  Senator  misunderstands  me.  I  doubted 
the  propriety  of  the  policy  of  establishing  branch  mints  any  where 
but  I  said  there  was  some  appearance  oft-eason.  if  they  were  to  be 
established  at  all,  in  having  them  placed  near  the  mines. 

Mr.  DICKINSON.— I  would  like  to  know  what  better  mjld 
mine  can  be  lound  than  lliat  whioli,  in  eleven  months  niud7icB<i 
$30,000,000?  '   ' 

Mr.  BADGER.— We  have  a  great  deal  better  mine,  because 
the  thirty  millions  of  dollars  which  the  Senator  speaks  of,  and 
which  he  assumes  to  be  all  in  foreign  coin,  is  received,  I  suppose 
for  iis  equivalent.  But  a  gold  mine  that  yields,  with  small  labor' 
virgin  gold  from  the  soil  is,  I  think,  a  better  mine.  ' 

Mr.  DICKINSON.— Well,  gold  is  the  representative  of  labor 
and  Irom  this  it  derives  its  value.  But  the  proposition  of  the  Sen- 
ator is  directly  against  the  course  of  events  and  against  the  laws 
of  trade.  He  supposes  that  this  coin  can  as  well  be  received  in 
Philadelphia  as  in  New  York  ;  but  the  Senator  must  recollect  that 
nn  individual  having  a  small  sum  in  foreign  gold  will  not  subject 
himself  to  the  inconvenience  of  going  to  Philadelphia  to  "ct  it 
coined — he  would  sooner  part  with  it  below  its  value  ;  w  hcreas  if 
there  was  a  mint  in  New  York,  he  could  get  it  exchanged  at  once, 
and  it  would  be  received  and  go  into  circulation,  instelid  of  being 
reshipped,  as  a  great  portion  of  it  is  in  the  course  of  trade,  fi' 
legislation  would  go  along  with  commercial  law,  instead  of  under- 
taking to  make  commercial  law  go  along  with  it,  it  would  bo 
much  better.  That  a  magnilicont  structure  is  to  be  erected  is  no 
argument  for  or  against  the  establishment  of  a  branch  mint ;  the 
only  quesiion  is,  whether  it  will  be  for  the  public  interest.  And 
of  this  I  think  there  can  be  no  doubt. 

Mr.  NILE.S.— We  have  now  several  of  these  establisliment.s, 
but  not  one  of  them  situated  at  an  important  commercial  point. 
That  at  New  Orleans  is  the  most  important  :  but  in  respect 
to  foreign  coin  brought  by  immigrants  from  abroad,  it  stands 
very  far  below  the  northern  cities.  New  York  is  the  great 
commercial  point  ;  in  fact,  it  may  bo  said,  that  the  whole 
trade  of  the  country  centres  there.  Well,  now.  what  is  the 
advantage  to  be  expected  to  result  from  the  establishment  of  a 
mint  there?  Why,  if  it  is  llie  settled  policy  of  this  government 
to  secure  a  specie  currency,  and  that  in  our  own  coin  the  advan- 
tages of  which  perliaps  some  have  over. estimated — but  the  advan- 
tages of  such  a  currency  I  think  were  realized  during  the  late  war 
— it  is  important  to  inquire,  whether  wo  should  not  avail  our- 
selves of  those  facilities  which  the  establishment  of  a  branch  mint 
at  so  important  a  commercial  point  would  furnish.  It  was  cvi- 
dently  a  great  mistake  to  establish  mints  in  the  interior,  because 
establishments  of  this  kind  are  connected  with  the  commerce  of 
the  country.  At  least  one. third  of  your  whole  revenue  is  collected 
at  New  York  ;  and  collected  almost  entirely  in  specie — and  that 
specie  is,  for  the  most  part,  of  foreign  coinage.  I  think,  there- 
fore, if  we  have  a  mint  anywhere,  it  should  be  at  New  York. 

Mr.  BUTLER. — It  is  proper  perhaps  that  I  should  say  a  word 
in  regard  to  the  amendment  I  have  offered.  The  reasons'that  ex- 
isted for  the  establishment  of  branch  mints  in  the  interior  no 
longer  operate,  because  railroads  are  now  penetrating  that  part 
of  the  country,  and  it  is  known  that  a  great  deal  of  gold  and  silver 
coin  comes  Irom  the  West  Indies  to  Charleston  in' ihc  course  of 
the  trade  that  is  carried  on  between  those  places,  as  a  great  deal 
of  Mexican  gold  comes  to  New  Orleans.  The  same  reasons,  then, 
that  exist  for  having  a  mint  at  New  Orleans  apply  to  Charleston. 
It  is  known  also  that  those  who  work  the  mines  of  North  and 
South  Carolina  and  Georgia  carry  their  gold  to  Charleston  for 
commercial  purposes — Charleston  being  the  intermediate  point 
between  New  Orleans  and  New  York.  The  same  reasons  that 
apply  to  both  New  Orleans  and  New  York  apply  to  Charleston. 

Mr.  DIX. — I  desire  to  say  a  few  words  in  support  of  the  bill 
and  in  answer  to  objections  whicli  have  been  raised  on  the  other 
side,  although  what  has  already  been  stated  by  my  colleague  and 
by  the  Senator  from  Connecticut,  [Mr.  Niles,]  enables  me  to 
spare  the  Senate  much,  which  I  might  otherwise  have  felt  it  ne- 
cessary to  say.  With  regard  to  the  amendment,  I  regret  that  the 
Senator  from  South  Carolina  [Mr.  Butler,]  was  not  willing  to  allow 
the  proposition  for  the  mint  at  Charleston  to  standupon  itsown  inde- 
pendent ground.  I  confess  that  I  have  been  strongly  inclined  at  all 
times  to  vote  for  the  establishment  of  a  branch  mint  at  Charleston, 
because  I  have  no  doubt  it  will  become  a  place  of  great  commer- 
cial importance  when  the  connection  by  railroad  with  the  Missis- 
sippi is  completed  ;  but  it  was  my  wish  that  the  proposition  should 
be  considered  separately.  A  bill  was  introduced  last  year  for  the 
establishment  of  a  branch  mint  in  the  city  of  New  York,  and  it 
was  followed  by  the  introduction  of  a  bill  to  establish  one  in 
Charleston.  The  two  propositions  were  considered  independently 
of  each  other  then;  and  I  regret  that  thoy  are  not  so  considered  now. 
I  regret  exceedingly  that  there  should  be  any  opposition  to  a  branch 
mint  in  New  Y'ork.  A  similar  bill  passed  the  House  of  Representa- 
tives last  year  on  the  day  of  the  adjournment,  so  far  as  the  establish- 
ment of  a  mint  is  concerned.  But  the  bill  containvd  some  other 
provisions,  and  it  was  objected  to  and  defeated  upon  a  technical 
ground,  which  I  supposed  would  not  have  been  taken  if  the  ques- 
tion of  a  mint  had  been  unconnected  with  any  other.  The  bill  be- 
30th  Cono. — IsT  Session — No.  112. 


fore  the  Senate  was  introduced  by  me  and  referred  to  the  Commit, 
tee  on  Finance,  and  I  believe  it  was  reported  unanimously.  The 
same  bill,  introduced  by  me,  received  the  same  sanction  last  year: 
the  measure  is  demanded  by  the  commercial  wants  of  the  country. 
by  the  banks  by  the  government^  and  I  was  not  aware  until  re- 
cently that  It  h.ad  an  opponent  in  any  quarter. 

The  city  ol  .New  York,  as  all  know,  is  the  great  receptacl. 
lor  the  corns  which  come  to  the  United  States,  whether  they  ara 
imported  in  the  way  of  commercial  exchange  or  brought  in  by  im- 
migrants These  coins  are  chieliy  foreign,  and  are  for  the  moat 
part  wholly  unht  for  circulation— as  much  so  as  if  they  were  me- 
dals or  watch  cases.  This  remark  is  particularly  applicable  to 
the  gold  coins.  Foreign  silver  passes  more  readily  by  tale  :  a  de- 
lect in  weight  makes  little  difference  in  value.  It  is  not  so  with  the 
more  valuable  metal.  Tlie  same  variation  from  the  standard  io 
weight  makes  a  great  difference  in  value,  and  few  take  the  risk 
excepting  where  the  coinage  is  very  familar,  like  that  of  Great 
Britain.  Sovereigns  have  a  very  limited  circulation  with  us  Bat 
the  whole  gold  coinage  of  the  continent  of  Europe,  and  the  great- 
er portion  of  that  of  England  finds  it  way  into  the  vaults  of  the 
banks,  the  merchants,  or  the  brokers,  where  it  lies  useless  and  un- 
productive. Nearly  three  quarters  of  the  specie  in  bank  in  New 
Y'ork  is  foreign.  At  least,  so  I  ascertained  two  years  ago  from  a 
source  which  I  deemed  of  unquestionable  authority.  I  know  of 
nothing  in  commerce  or  finance  since,  which  is  likely  to  have 
changed  the  relative  quantity  in  referonoe  to  American  coins. 
With  a  mint  in  the  city  of  New  York  a  large  proportion  of  this 
imprisoned  treasure  would  be  liberated  and  after  receiving  the 
American  impress  it  would  enter  into  circulation. 

Mr.  BADGER.— What  amount  would  seek  coinage  ? 

Mr.  DIX  —I  will  speak  of  that  subject  presently.  But  I  de- 
sire first  to  finish  what  I  am  saying  on  another  point.  I  repeat, 
a  mint  in  New  York  would  liberate  and  convert  into  American 
coin  a  large  amount  of  foreign  gold  and  silver  in  the  banks,  which  is 
as  useless  lor  the  most  part,  as  if  it  wore  in  the  form  of  bars  or  in- 
gots. Even  in  the  shape  of  coin  it  is  inferior  in  value,  though  of 
the  same  weight  and  fineness,  to  American  coin.  Fitness  or  ca- 
pacity for  circulation  is  an  clement  r.f  value.  The  American  coin 
is  worth  in  the  market  from  i  to  J  of  one  per  cent,  morj  than  the 
foreign.  It  is  its  adaptation  to  perform  the  active  uses  of  money 
that  makes  it  so.  The  banks  understand  this.  If  a  man  asks  (or 
specie  at  their  counters,  they  will,  for  his  accommodation,  give  him 
American  coin  in  esse  he  wants  a  small  quantity  for  a  given  pur- 
pose. But  if  he  wants  much,  they  offer  him  foreign  coins,  which 
are  of  no  use  to  him,  and  it  ends  in  his  taking  paper. 

Why,  it  may  be  asked,  is  not  this  foreign  coin  sent  to  Philadel* 
phia  to  be  recoined  ?  The  answer  is,  that  the  expense  is  an  in- 
superable impediment  in  most  cases.  I  believe  it  may  be  said  to 
average .?  of  one  per  cent.,  taking  gold  and  silver  together,  and  sent, 
as  it  often  is,  in  small  quantities  ;  from  J  to  J  ol  one  per  cent., 
more  than  the  difference  in  the  current  value  between  foreign  and 
domestic  coin.  The  consequence  is,  it  is  only  sent  in  limited 
quantities  for  special  purposes,  or  under  the  impulse  of  an  extra- 
ordinarily urgent  demand.  During  the  last  year  the  coinage  of 
foreign  gold  and  silver  has  been  very  heavy,  in  consequence  of  the 
demand  occasioned  by  the  receipt  and  disbursement  of  the  revenue 
in  speoio.  This  demand  being  supplied,  we  may  expect  that  things 
will  relapse  into  their  former  condition. 

If  we  had  a  mint  at  New  York,  foreign  coin  would,  for  the  most 
part,  be  recoined,  and  much  larijer  quantities  would  find  tlieir  wav 
into  eirciilatiun.  This  would  happen  in  two  modes.  1st.  The  city 
banks  rely  little  on  the  circulation  of  their  own  notes  for  their  profits. 
The  great  mass  of  the  city  circulation  consists  of  country  bank 
paper.  The  city  banks  have  no  interest  in  keeping  it  out.  To 
pay  out  specie  would  not  interfere  with  their  own  interests,  and 
they  would  do  so  freely,  when  its  chief  effect  were  to  displace  coun- 
try bank  paper,  if  they  could  convert  their  foreign  into  American 
coin  without  cost.  With  a  full,  copious,  and  ample  recoinage  of 
foreign  gold  and  silver,  I  do  not  hesitate  to  say  that  through  the 
medium  of  ordinary  bank  transactions,  a  much  larger  quantity  of 
coin  would  be  thrown  into  circulation.  2d.  From  four  to  five 
millions  of  dollars  iu  foreign  coin  is  brought  into  the  country 
by  immigrants.  A  part  of  this  amount  is  exchanged  by  them 
in  New  York,  for  bank  paper.  They  take  paper  because  they 
do  not  wish  to  lose  the  difference  in  the  exciiange  of  foreign 
for  American  gold.  The  residue  they  tttke  with  them  into 
Michigan  or  Illinois,  or  perhaps  as  far  as  Wisconsin  and  Iowa, 
since  the  "'  far  west"  has  reached  the  Pacific.  What  is  the  con- 
sequence ?  Those  foreign  coins  are  not  familiar  to  those  among 
whom  they  are  carried;  their  value  is  not  known;  they  are  parted 
with  at  a  loss;  they  enter  but  slowly  and  but  partially  into  circu- 
lation. If  immigrants  could  exchange  their  foriegn  for  American 
gold  at  the  place  of  debarkation  without  any  itiscount,  as  they 
miLiht  do  with  a  mint  there,  how  different  would  be  the  result! 
They  would  be  protected  against  loss,  either  on  the  foreign  gold 
or  on  the  paper,  for  which  it  is  now  exchanged,  and  they  would 
introduce  into  the  western  Slates — the  usual  boundary  of  their  mi- 
grations— our  own  coin,  which  all  know,  instead  of  foreign  coin, 
with  which  none  are  familiar.  The  western  States  will,  in  this 
way,  I  verily  believe,  be  more  benefitted  than  we  shall  be. 

Now.  sir,  let  me  say  a  word  about  the  exportation  of  specie.  I 
have  already  said  that  the  difference  in  the  market  value  be- 
tween American  and  foreign  coin  is  from  j  to  |  of  one  per  cent., 
the  weight  and  purity  being  equal.  I  am  not  sure  that  this  differ- 
ence does  not  influence  the  point  in  the  rate  of  exchange,  at  which 


890 


BRANCH  MINTS. 


[Friday, 


specie  begins  to  bo  exported — that  the  point  of  exportation  is  not 
reached,  with  this  mass  of  foreign  coin  lying  idle,  at  .|  to  |  of  one 
per  cent.  lower  than  it  would  be,  if  it  were  rccoined  at  our  mint. 
I  do  not  mean  that  this  rircurastanco  will  ad'cet  the  ultimate  pay- 
ment vif  balances  in  the  medium,  which  costs  least  to  the  persons 
making  the  payiuenl.  But  those  who  are  familiar  with  our  com- 
mercial and  money  mailers  in  New  York,  know  llial  the  rate  "I 
exchange  often  stiuids  for  weeks  so  near  the  jioint  at  which  specie 
IS  exported,  that  a  varialion  of  \  of  one  per  cent,  will  turn  the 
scale  between  coin  and  bills  of  exchange  as  remittances. 

But  there  are  other  considerations  arising  out  of  the  use  of  lor- 
eignand  American  coin  as  remittances  for  llio  payment  of  balances 
abroad.  The  demand  for  this  jjurpose  is  always  for  foreign  coin,  lor 
ihe  reason  thai  it  is  money  the  moment  it  reaches  the  place  of  pay- 
ment. American  coin  is  of  no  greater  value  for  exportation  than 
bullion.  In  France  it  costs  about  1  ^  pci-  cent  seignorage  to  convert 
it  into  money.  In  Kngland  the  expense  is  less.  For  example  : 
an  ounce  of  gold,  in  the  form  of  British  sovereigns,  is  worlh 
X3  Hs.  lOJd.  for  the  payment  of  a  dcht  as  soon  as  it  arrives  in 
England.  Il  is  money.  An  ounce  of  gold  in  the  shape  of  Amer- 
ican coin  is  worlh  nothing  as  money  in  Kngland.  It  must  be  sent 
to  the  mint  in  London,  where  it  is  worth  X3  17s.  '.id.,  and  it  will 
be  re-dehvered  to  the  owner,  on  the  average,  in  a  month's  time, 
making  a  loss  to  the  owner  in  inlerest,  besides  the  diirerence  in 
value  between  the  two  coins,  of  about  one  half  of  one  per  cent.  It 
follows,  that  a  rccoinago  of  foreign  gold  will  operate  1 4  per 
uent.  against  the  export  to  Franco  and  something  more  than  one 
half  per  cent,  against  the  export  to  England.  It  may  not  be  do 
sirable,  then,  that  the  whole  ina.ss  of  foreign  coin,  which  is  im- 
ported^ should  be  reeoined.  Nor  is  it  likely  to  be  so.  The  laws 
of  trade  regulate  these  mattcis  bcMcr  than  legislation.  All  we 
can  properly  do  is  to  provide  I  he  means  of  rccoinage  at  the  pnii- 
eipal  place  of  importation,  so  thai  foreign  gold  may  be  converted 
into  American  without  heing  checked  by  extraneous  causes,  such 
as  the  expense  of  transportation  to  and  from  a  distant  mint.  This 
is  all  we  ask.  We  desire  that  the  laws  of  trade  may  not  bo  em- 
barrassed in  their  operaliou  as  lliey  now  are.  With  a  mint  in  New 
York,  probably  of  eight  millions  of  specie  ii,  thai  cily  at  least  from 
one-half  to  two-thirds,  instead  of  one  iiuarter,  would  be  in  the 
form  of  American  coin.  The  proportion  might  run  up  lo  three- 
quarters.  But  the  amount  of  foreign  coin  in  the  vaults  of  Ihe 
banks  is  not  to  be  taken  as  the  measure  of  the  annual  reeoinage. 
The  specie  brought  in  by  immigranis,  that  wliich  is  kept  in  circu- 
lation to  perform  ihc  ordinary  ollices  of  douicslie  exchange,  and 
that  which  is  impoited  lor  the  adjiistiiicnt  of  commercial  balances, 
would  all  lind  their  way  to  the  mint  for  reeoinage,  if  it  could  be 
done  without  loss.  And  as  wc  all  know  the  mini  charges 
nothini;  to  the  depositor  for  reeoinage,  except  for  rclining,  when 
the  metal  is  below  the  standard,  or  for  alloy,  when  the  metal  is 
above  it.  AVilh  a  mint  in  New  York  the  currency  would  be  im- 
proved, the  movements  of  the  banks  would  bo  facilitated,  and  a 
larger  infusion  of  specie  into  the  West  would  ho  .secured. 

I  am  happy  to  bear  testimony,  Mr.  President,  to  a  more  correct 
tone  of  opinion  on  this  subject  I  ban  that  which  existed  in  New  York 
:\  few  years  ago.  Some  of  the  gcnllcmcn  who  advocate  the  estab- 
lishment of  a  mint  were  formerly  among  ihe  most  strenuous  op- 
ponents of  everything  which  bore  the  most  dislaiil  relation  to  what 
was  denominated  the  "  s|iecie  humbug."  Though  political  oppo- 
nents, they  are  gentlemen  of  lairncss  and  high  character,  ar.d  they 
do  not  hesitate  to  advocate — and  to  advocate  warmly — what  they 
are  now  convinced  will  contiihute  to  st;dnlily  in  the  operations  of 
eomnicree  aiul  (iiianee.  And,  sir,  1  cannot  lorbeai",  in  coiiiic.\ioii 
with  this  subject,  to  congratiilaic  my  friend  lnjin  Missuitri  [ftlr. 
Benton]  on  my  left,  and  others  who  co  upcraled  with  him,  on 
their  good  fortune  in  having  mitlived  the  prejudices  of  the  times, 
and  in  having  witnessed  the  practical  jusliticalion  and  fullillment  of 
their  theories. 

Now,  one  word  in  reganl  to  the  expi-iisc.  Tiic  Senator  from 
North  Carolina,  [Mr.  B.vugku.J  says  that  we  must  always  calcu- 
late upon  having  the  appropriation  doubb^l.  Sir,  this  has  not  been 
our  experience  in  any  case.  I  liiul  that  Ihe  ajipropriation  for 
New  t)rlcaiis  was  $211(1,000;  and  the  whole  c.\|iense  was  a  little 
over  $300,000;  but  it  is  very  well  known  that  there  was,  to  say 
the  least ,  a.  very  unnecessary  expenditure,  allliough  the  expense 
of  building  is  nuich  greater  in  New  Orleans  ili;iu  m  New  York. 
The  ajipropriations  for  the  mints  in  Georgia  and  North  Carolina 
were  $.')0, 000  each,  and  llicy  cost  but  $bU,O0O.  I  am  satisfied 
that  the  appropriation  is  suUicient,  antl  that  we  shall  not  exceed 
that  amount  in  the  construclion  of  buildings,  and  in  the  purchase 
of  machinery,  if  the  measure  shall  receive  the  sanction  of  the 
Senate. 

Mr.  BADCK.l!. — 1  am  alnnist  sorry  ihat  I  said  any  ilinig  on 
the  subject,  because  il  midtes  it  necessary  that  I  shtnihl  make 
some  additional  observations,  which  I  shall  eoiiiinc,  however,  lo 
the  subject  immediately  before  the  Senalc.  and  I  shall  thcicfine 
say  nothing  about  the  specie  humbug  which  bus  liccn  alluded  tc 
by  the  Scnatitr  from  New  York,  or  the  i;oiivulsions  in  ihe  nume- 
tary  afl'airs  of  the  cmintry.  We  have  at  present  before  us  an  in- 
ipury,  not  about  the  currency,  nor  about  the  specie  humbug,  but 
— the  Senator  will  pardon  me  for  saying — about  the  mint  hum- 
bug. If  I  understand  the  reasons  upoii  which  the  estahlishmcnt 
of  this  blanch  mint  is  said  to  be  founded,  they  are  brielly  these. 
New  York  is  said  lo  he  ihe  c-cntre  of  conimeree,  ;ill  ilic  coin  of  the 
country  linding  its  waytherc,  and  the    government  of    the    United 

til'jt^u    ■.iWiAiiri  nrr    ul    Inout    i ,  no.  f  1i ,  I'll    ill'    -ill    Ifu     l'(ivrMtli,>    It'dtli    (>ittl.M\,.' 


at  that  port;  and  a  largo  amount  of  specie  being  brought  there  by 
emigrants,  a  great  dilficnity  is  experienced,  because  there  is  not  a 
mint  on  the  s]Kit  to  re-ecoin  this  foreign  specie.  Now,  if  there  be 
any  real  dilbculty  on  the  subject,  I  would  suggest  to  the  Senator 
from  New  York  that  it  can  be  relieved  at  once,  without  the  ne- 
cessity of  cslablisliing  this  mint  at  all.  As  the  government  re- 
ci'ives  all  its  revenue  in  gold  and  silver,  and  as  it  receives  at  New 
York  at  least  imethird  of  all  its  revenue  derived  from  cusloms, 
iherc  cannot  be  iho  leasl  dillienltv  in  the  government  direcling 
ihcir  liseal  agent,  upon  receiving  this  foreign  gold,  lo  convey  it  to 
I'hiladclpliia  for  rc-eoinage.  This  would  involve  a  very  Iriflng 
expensi';  .iiid  upon  such  a  measure  being  adopted,  it  is  obvious 
that  the  foreign  coin  would  instantly  be  appreciated  lo  the  coin  id' 
the  United  Stales.  Those  having  foreign  coin  in  their  possession 
would  have  iiollhng  to  do  but  to  walk  into  the  ollice  of  the  govern- 
ment agent  and  receive  American  coin  in  exchange.  The  only 
expense  ini^iuri'd  by  the  government  would  be  in  the  li  ansmissioii 
of  this  foreign  coin' as  bullion.  What  wcnild  that  cost  ?  1  under- 
stand that  Ihe  whole  expense  of  ils  transportation  would  not  ex- 
ceed one-lcntli  of  what  would  have  to  be  paid  by  the  government 
in  keeping  up  lliis  hrancli  mint.  It  is  said,  by  having  a  branch 
mint  at  New  York,  all  the  foreign  gold  that  is  imported  will  be 
re-coined  and  ke|it  in  the  counlry.  How  so?  There  is  no  prohi- 
bilion  againsl  its  ex]iorlalion.  If  there  is  a  call  for  it  abroad  it 
will  go  abroad;  if  llicre  is  a  call  for  it  at  home,  it  will  come  here. 
The  true  way  to  remedy  the  dillieully  is  lo  make  it  the  inlerest  of 
those  who  hold  foreign  coin,  to  have  it  re  coined  by  repealing 
the  law  which  makes  foreign  coin  a  tender  for  debts.  So  long  as 
it  is  receivable  for  ilebis,  and  its  value  is  unknown  to  the  people, 
the  banks  will  retain  it,  and  it  will  not  go  into  circnlalioii  at  all. 
I  will  say  in  eimeliision,  that  I  shall  vote  for  the  amendment,  not 
because  1  consider  it  necessary  or  light  to  establish  branch  mints, 
but  hceause,  if  eslablished  at  one  place,  I  would  do  even  handed 
justice,  and  establish  them  at  others. 

Mr.  DIX. — ^A  single  word  in  regard  to  the  dillereiice  of  value 
between  bueign  and  Ainerican  gold.  If  a  mint  is  esla'lishcd  In 
New  Ymk  liiis  dillerence  will  cease.  That  is  what  1  want,  so 
that  the  banks  will  have  no  interest  in  keeping  this  foreign  coin 
out  of  circnlalioii. 

Mr.  CALHOUN  remarked  that  he  hoped  the  amendment  would 
(irevail.  Charleston  had  now  an  extensive  trade  with  ihe  West 
Indies,  and  llial  Hade  was  .;cinlinuallv  increasing  in  i  onsc<iuciice 
ol  ihc  e.\lcnsioii  of  ihe  railroad  from  Chailcsion  lo  the  West.  No 
small  amount  of  coin  coming  from  the  West  Indies  to  Charleslou 
would  be  the  result  of  this  trade;  and  a  branch  mini  at  ihat  place 
would  be  of  immense  advantage,  not  only  lo  Charleston,  but  to  a 
large  region  ol  country. 

The  amendment  was  agreed  to. 

The  bill  was  then  reported  to  the  Senate,  and  the  ipieslion  be- 
ing on  concurring  in  the  amendment, 

Mr.  ATHERTON  said,  I  Ihink  it  admits  of  much  doubt,  whe- 
ther \\e  arc  not  going  loo  far  in  extending  llie  expense  of  our 
minis  by  establishing  one  at  Charleston.  A  branch  mint  at  New 
Y\>rk  has  been  recommended  several  times  in  the  messages  of  the 
President,  and  in  ihe  reports  of  ihe  Secretary  of  tho  Treasury,  and 
the  reasons  for  the  eslablishiuent  of  a  mint  there  have  been  forcibly 
stated  by  the  Scnatin-  from  Coiineclieiit  ;  but  there  is  a  branch 
mint  in  North  Carolina,  and  another  one  in  Georgia,  and  cerlainly 
il  is  worlhy  tjf  ctnsiib'ralion  if  a  hianeli  mint  is  also  lo  be  estab 
lished  at  Charleston,  whether  il  ought  not  to  be  connected  with 
some  provision  (or  iliseoniinuing  the  branch  iniiils  in  Georgia  ami 
N'ulh  C'arolina,  which  aic  not  of  any  great  importance  to  the 
coimunnily.  I  hope  ihc  (pieslion  of  a  branch  mint  at  Charleston 
may  be  considered  separately. 

Mr.  ATIIEKTON  demanded  Iho  yeas  and  nays  on  the  ipies 
lion  of  eoni-nrring  in  ihe  amendment,  and  il  was  decided  in  ihc  al- 
lirinalive,  as  follows  : 

YK.\.'-:.— .Mi.srv  ll:i.lsfi,  i'.cll.  Il.lil.rii.  II111I..111I.  r.T.f,.'.  liiitlil.  C.illiDiin,  f.im.'- 
mil,  Oavi-,.  i»r  lMl^^-.  IhrluM-eii.  lliv,  Oovvii^.  1-"(>oIl-.  ll;iiiiic(;.tn,  Uoiisioii.  liuiui^r, 
.lulinxMi.  of  IMit..  Juliii-uii.  lit  l.;i..  .Itiliii^on,  ol'  iln.,  Luwi^,  Miif,on,  Kusk,  ricba^- 
ll.in.  TuriKV.  |I||,lciivii...l.   \V.-.l.„il-.  Viil,..-.— 'J7, 

N  .\VS,  — .^li-v.r-.  All'-ii.  .\hliiMHi.  .\lli.il(tii,  llra'llniiy.  Hriplil,  Clarke,  I'laylnn, 
('oiwiii,  Dayleii,  ilo.l^e.  F.-k-li.  I''il7.;,'t'ialil,  (Iroeiif,  liaje,  nainlln,  King,  Meltalfc, 
.MiMci,  Nili-sSliirs.-oii,  Wallai.— '.'1. 

So, 

The  amendment  was  concurred  in. 

On  the  (juostion — "shall  this  bill  bo  engrossed  and  read  a  thud 
time  V  the  yeas  and  nays  were  demanded,  and  it  was  delermincd 
in  the  negative  as  follows  : 

Yf..\S,  — >liv.ts,  IScitloii.  Ilmlainl,  l!i. ■,■„■.  Ilrwla.  Iliill.r.  (':,lji„„ii,  l),,ii>.  i,r 
M(>..,  Ilu-kiii^aii,  l>i,v.  llmlL'''.  """11,,  t-'iKH'-.  Iliiiiiliii.  lliMisti»i.  Ihuiu-i,  J^llu^ur,  ot 
iM.l..  .IoImimiii,  of  l.a.,  I,.«|..  .M.-i»oii,  Nil.-v,  Kll^k,  Siil.asliao.-'i.'. 

NAVS.-Mi-.,i^  Aniii.oii,  .Mliciloti.  na,l;,r,  Ual.hiiii.  Hell.  UiaiMMity,  r»iiuToii. 
4'l,irl,r,  ChutiMi.  r.iiwin,  Oavioit,  Kileli.  Kil /.;.'(Tnltl ,  (Ja-eiie,  Hale, ' M!noie;:!iii, 
.liilin-oii.  ol"  (Ja.,  Kill::,  lAlelraU'e.  j'^Iiller,  I'licljis,  Stlir^'toll,  Tmui'V,  Umioiwoot, 
Walk./i,  U'e-,tiotl,  Vul«'.-JV. 


Slatcij  receiving  al  least  one-lhird  of 


its  revenue  from  customs 


So. 

The  bill  was  rcjeelcd. 

KXECUriVK     SKSSION. 

Alter  the  considcralion  of  Exeeulive  business, 
On  motion. 
The  Senate  adjourned. 


July  15.] 


PETITIONS— PRIVATE  BILLS,  ETC. 


891 


SATURDAY,  JULY  15,  1848. 


MESSAGE    FnoM    THE    HOUSE. 

The  folio wiiifT  Message  was  received  IVipm  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  Pffiidfiit:  The  House  of  Rp|)r<'siMitalive5  ilis.'i;,'ree  lo  lliedrst  and  seeoml  anienil 

iiienls  of  the  Seliiile  ro  I  he  ItiM  to  amend  an  art lilted    ".-Vn  ael  supplemental  lo  an 

ael  enlilled  an  aet  providiilinK  i'oT  the  pro^eeuliou  of  the  existinfj  war  lietween  the 
United  Slates  and  the  re|ilililie  of  Alexieo,"  ami  for  olhei  jnirjiose*;  agre«f  lo  the  I  hud 
amenitment  of  the  Henate  to  I  he  same  wilh  an  amend  iiieiit ;  ask  a  eoiiferenee  on  the 
(Iisa<jreeing  votes  of  the  two  (louse.s,  anil  have  ap|ioinled  Mr.  Bolts,  of  V'lr^'inia,  Mr 
Burl,  of  South  Carolina,  and  Mr.  Me  Lean,  of  Maryland,  inaiia-iers  on  tlieir  pail. 

SIGNING    OP    A    BILL. 

The  VICK  PRESIDENT  sii;neil  the  etirolleil  hill  to  conlirm  to 
the  leiral  represtmtativrs  of  Joseph  Diilaillis,  the  loealion  ol' a  cer- 
tain Now  Madrid  certilioate. 


Mr.  BUTLER  presented  a  memorial  of  citizens  of  Barnwell  dis- 
trict, in  South  Carnlina,  praying  the  eslahlishmeiu  of  a  niaij  route 
Ironi  Barnwell  Court  House  to  King  creek,  in  that  State;  which 
was  referred  to  the  Comniitlen  on  tlie  Post  Office  and  Post  Roads. 

Mr.  BORLAND  presented  the  petition  of  Elias  N.  Conway, 
praying  perniif-sion  to  irhange  the  entry  of  a  certain  tract  of  iandj 
which  was  referred  to  the  ('oniinitlee  nii  Pulilie  Lands. 

BRANCH  MINT    AT  NEW  VORIC. 

Mr.  WESTCOTT  moved  to  reconsider  the  vote  on  engrossing 
the  bill  to  establish  a  branch  of  Ihe  mint  of  the  ITniied  Slates  in 
the  city  of  New  York;  and. 

On  motion,  it  was 

Ordered,  That  the  further  eonsirleration  of  the  motion  he  po-^t- 
poned  until  to-morrow. 

UNITED   STATES    COURTS  IN  WESTERN    VIRGINIA. 

Mr.  BUTLER,  from  the  Committee  on  the  .Tndiciary,  to  whom 

was  referred  the  hill  to  change  the  times  for  holding  the  district 
courts  of  the  IJniled  States,  in  Ihe  western  dislrici  ot  Virginia,  re- 
ported the  same  wilh  an  amciulment;  and  stihniillcd  a  repot  t  on 
the  sulijeet,  which  was  ordered  to  he  printed. 

SURETIES    OF    NEWCOMB. 

Agreeably  to  notice,  Mr.  DOWNS  asked  and  obtained  leave  to 
brihg  in  a  bill  to  authorize  tho  Secretary  of  the  Treasury  to  make 
a  compromise  and  settlement  with  the  securities  of  Francis  D. 
Newcomb,  late  Surveyor  (ieneral  of  the  State nf  Louisiana,  which 
was  read  the  lirst  and  secoiul  limes,  by  unaiiimotis  consetil ,  atul 
considered  as  in  Coiiiiiiillec  nf  the  Whole  ;  and  no  amendment  be- 
ing made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a   third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent . 

/?r-s-e/efJ,  That  it  (lass,  and  that  Ihe  title  thereof  he  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concnrrencc  of  the 
House  of  Representatives  therein. 

PKIVATE    LAND    CLAIM. 

Mr.  BERRIEN,  from  the  Committee  on  Private  Land  Claims, 
to  whom  was  relerred  the  amcndmeni  of  the  House  of  liepreseni- 
atives  to  tho  bill  for  the  relief  of  .lose  Argoie  Villahib..s,  Marie 
Rose,  Francois  Felix  Marquis  do  Fougeres,  or  their  heirs  or  legal 
representatives,  reported  thereon. 


The  Senate  proceeded  to  consider  the  amendment  of  tlic  House 
of  Representatives  to  the  hill  last  mentioned  ;  and 

Ite^filrcd,  That  they  eoneiir  therein. 

Ordered,  That  the  Secretary  notify  the  House  of  Represent- 
atives accordingly. 

COMMITTEE    OF    CONFERENCE. 

The  Senate  proceeded  to  consider  their  amendments  lo  the  bill 
to  amend  an  ai-t  entitled  "An  act  siipplomental  to  an  net  entitled 
'An  act  providing  for  the  pioseeiition  of  the  existing  war  between 
the  United  Slates  and  the  republic  of  Mi^xiio,'  "  and  fur  oilier 
purposes,  amended  anil  disagreed  to  by  the  House  of  Representa- 
tives ;  and  it  was 

lir-iohu'tl.  Thai  they  disaprrco  to  llip  amendment  of  llie  Honie  of  Repn>u-nlaliv<H 
lolheir  third  aniendnienl  ;  insist  on  their  lirvl  anil  MTonil  ameiiilmonu.  duasrctil to 
lo  the  House  of  Ke|ireseulalives,  :iiid  agree  lo  the  eonfereuce  nsknl  l,y  the  HuUMiof 
UepMsentativeson  Ihe  di>n^'reeiuj,'  votesol  Ihe  Iwo  lloiisf-k. 

On  nioliiin  by  Mr.  DIX,  it  was 

Ordered,  That  the  committee  of  conference  on  the  part  of  the 
Senate  be  appointed  by  tlm  Vice  President  ;  and 

Mr.  Benton,  Mr.  .Johnson,  of  Maryland,  and  Mr.  Davis,  of 
Mississippi,  were  accordingly  appointetl. 

Ordered,  That  the  Secretary  notify  the  House  of  Iteprescnta- 
tives  thereof. 

WILLIAM    T.    HOLLAND. 

On  motion  by  Mr.  MASON,  the  prior  orders  were  postponed 
and  the  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whnle,  the  bill  from  the  House  of  Representatives  lor  tho  relief 
of  William  T.  Holland;  ami  no  ameinlnient  being  made,  it  was  re- 
ported to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Kf^„lrrJ,  That  this  hill  |.ass. 

Ordered,  That  the  .Senrelary  notify  the  House  of  Representatives 

accordingly. 

n.  o.  tavi.oe. 

Mr.  CLARKE  moved  that  tho  prior  orders  be  postponed,  for 
the  purpose  of  proceeding  to  the  consideration  of  tho  bill  from  the 
House  of  Representatives  for  thr*  relief  of  B.  O.  Tayloe. 

Mr.  ATHERTON  hoped  that  the  motion  would  not  prevail,  as 
he  was  desirous  that  the  naval  appropriation  bill  should  be  taken 
up. 

Mr.  CL.\RKE  said  the  bill  would  occupy  but  a  few  minutes, 
and  he  hoped  the  Senate  would  indulge  him  by  taking  it  up. 

The  motion  having  been  agreed  to,  the  .Senate  proceeded  to  con- 
siiler  said  bill  as  in  Committee  of  the  Whole. 

The  bill  having  been  explained  by  Mr.  Clarke  and  Mr. 
Mason — 

Mr.  HANNEO.XN  moved  that  it  be  laid  upon  tho  table  until 
fnrlhei:  information  could  be  obtained;  which  was  agreed  to. 

So  the  bill  was  laid  on  the  table. 

executive  session. 

Tho  Senate  proceeded  to  the  consideration  of  Executive  liusii 
ness;  and  after  several  hours  spent  therein — 

On  motion. 

The  Senate  adjourned. 


892 


NAVAL  APPROPRIATION  BILL. 


[Monday, 


MONDAY,  JULY  17    1848. 


LEAVE    TO    WITHDRAW    PETITION. 

On  motion  by  Mr.  MASON,  it  was 
Ordered,  That  the  heir  of  Francis  L.  B.  Goodwin,   have  leave 
to  withdraw  his  petition  and  papers. 

ADVERSE     REPORT. 

Mr.  FELCH,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  memorial  of  Agnes  Slacke  and  others,  submitted 
an  adverse  report;  which  was  ordered  to  be  printed. 

THE  SENATE    REPORTS. 

The  Senate  proceeded  to  consider  the  resolution,  submitted  the 
14th  instant  by  Mr.  Niles,  in  relation  to  the  contract  for  report- 
ing the  proceedings  and  debates  of  the  Senate;  and  the  resolution 
was  agreed  to. 

MESSAGE  FROM    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk; 

Mr  Prksidest;  Tlie  House  of  Represenlatives  concur  in  the  amendment  of  the 
Senate  to  Uie  bill  entitled  "an  act  making  appropriations  for  certain  fortifications  ol 
the  Uuited  States  for  the  year  ending  the  30tli  June,  )849." 

SIGNING    OF    BILLS. 

The  VICE  PRESIDENT  signed  the  following  enrolled  bills: 

An  act  for  the  relief  of  Joie  Argote  Villalobos,  Mario  Rose,  Francois  Felij,  Mar- 
quis de  Fongeres.or  their  heirs  or  legal  representalives. 

An  act  making  appropriations  for  certain  foitllications  of  the  United  Slates  for  the 
year  ending  the  3ntli  of  June,  1849. 

An  act  for  the  relief  of  William  T.  Holland 

SEIZURE  OF  THE  SHIP  ADMITTANCE. 

Mr.  BADGER  submitted  the  following  resolution  for  considera- 
tion: 

Resolved  That  the  President  of  the  United  States  be  rerjoested  to  communicate  to 
the  Senate.'anv  information  which  may  be  in  the  possession  ot  the  Executive,  relaliug 
lo  the  seizure  or  capture  of  the  American  ship  Admittance,  on  the  coast  ol  t  alilornia, 
hv  a  vessel  of  war  of  the  United  States  navyi  and  whether  any  and  what  proceedings 
have  occurred  in  regard  to  said  vessel  or  her  cargo,  and  to  furnish  the  S.^natc  with  co- 
pies of  all  documents,  papsrs,  and  communications  in  the  possession  ol  the  bxecntive 
relating  to  the  same. 

FINES  IN  THE  UNITED  STATES  COURTS. 

Mr.  DAYTON,  from  the  Committee  on  the  Judiciary,  to  whom 
was  referred  the  petition  of  the  Prison  Association  of  New  York, 
reported  a  bill  for  the  modification  ol  the  law  regulating  tines  in 
the  courts  of  the  United  Stales  ;  which  was  read  and  passed  to  the 
second  reading. 

THE  PRIVATE  CALENDAR. 

The  Senate  proceeded  to  consider  the  resolution  submitted  by 
Mr.  Downs,  the  Hth  instant,  to  devote  Fridays  and  Saturdays  to 
the  consideration  of  private  business  ;  and  ,,         ,- 

On  motion  by  Mr.  BENTON,  it  was 

Ordered,  That  it  lie  on  the  table. 

notice. 

Mr.  NILES  gave  notice  that  he  should  take  an  early  opportu- 
nity to  call  up  the  bill  reported  by  the  Select  Committee  to -Set 
apart  and  sell  to  Asa  Whitney  a  portion  of  the  public  lands  for 
the  construction  of  a  railroad  from  Lake  Michigan  to  the  Pacific, 
and  ask  the  action  of  the  Senate  upon  it  during  the  morning  hour. 

NAVAL  APPROPRIATION  BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  consid- 
eration of  the  bill  making  appropriations  for  the  naval  service  lor 
the  year  ending  the  3Uth  Juno,  l.S4!t. 

The  amendment  under  consideration  was  that  reported  from 
tho  Committooon  Finance,  to  strikeout  the  appropriation  for  fur- 
nishing the  Marine  hospital  building  at  New  Orleans;  which  was 
not  agreed  to. 

The  next  amendment  of  the  committee  was  to  insert  at  the  close 
of  the  two  hundredth  line,  on  tho  ninth  page,  the  following  words: 
"  for  arrearages  due  to  Jorrison  and  Foster,  four  thousand  seven 
hundred  and  twenty  seven  dollars  and  eleven  cents." 

Mr.  WESTCOTT  moved  to  amend  the  amendment  so  as  to 
read  as  follows  :"  for  such  arrearages  as  tho  Secretary  of  the 
Navy  may  in  law  and  equity  decide  to  bo  duo  to  Jerrison  and 
Foster,  seven  thousand  dollars;"  which  was  agreed  to. 

The  amendment  as  amended  was  then  agreed  to. 


The  next  amendment  of  the  committee  was  to  strike  out  the 
words  "and  seventy-four"  and  "  thirty-eighl"  from  the  207th 
line,  in  the  9th  page;  (being  a  reduction  of  the  appropriation  for 
the  Navy  Yard  at  Memphis,)   which  was  agreed  to. 

The  next  amendment  of  the  committee  was  to  strike  out  all 
from  the  215th  line  lo  the  232d  line,  inclusive,  in  the  10th  page, 
(being  appropriations  for  Marine  Hospitals.) 

Mr.  PHELPS. — I  observe  that  there  are  three  classes  of  ap- 
propriations providing  for  Marine  Hospitals,  embraced  in  this 
amendmenl,  which  I  think  it  would  be  better  lo  consider  separate- 
ly. The  first  class  contemplates  the  completion  of  such  as  has'ebeen 
commenced;  the  second  class  is  lor  the  erection  of  hospitals  not 
yet  commenced;  and  the  third  is  for  the  construction  ol  hospitals 
whenever  the  .sites  shall  be  obtained.  It  strikes  ine  Ihat  there  is 
some  difference  in  these  appropriations,  and  that  they  should  have 
a  separate  consideration.  I  ask  lor  a  division  of  the  question. — 
The  first  class  is  embraced  in  lines  210  to  219,  inclusive;  the  se- 
cond in  lines  220  to  225,  inclusive;  and  the  third  in  lines  226  to  232, 
inclusive. 

Mr.  BORLAND. — I  desire  an  opportunity  to  assign  the  rea- 
sons for  my  opposition  to  this  amendment,  which  proposes  to 
strike  out  the  appropriations  for  the  hospitals  at  Pittsburg,  Cleve- 
land, and  Louisville;  and  to  show,  as  1  think  I  shall  easily  be  able 
to  do,  the  gross  injustice  that  would  be  done  to  that  class  of  per- 
sons for  whose  benefit  those  hospitals  were  intended,  if  this  appro- 
priation be  stricken  out.  I  did  not  expect  that  the  question  would 
come  up  to  day,  and  I  am  not  at  this  moment  prepared  to  present 
the  views  I  entertain.  I  move,  therefore,  that  the  further  consid- 
eration of  the  subject  be  postponed  until  to-morrow. 

Mr.  ATHERTON. — I  would  suggest  to  the  gentleman  from 
Arkansas,  that  no  matter  how  the  question  is  at  present  decided, 
it  will  be  again  brought  up  when  the  bill  shall  have  been  reported 
lo  the  Senate;  and  the  gentleman  will  then  have  an  opportnnity 
to  present  his  views.  Indeed,  I  suppose,  from  the  decision  al- 
ready made,  there  is  no  doubt  the  Senate  will  retain  the  rppro- 
priai  ions  for  the  three  hospitals  lo  which  the  "entleman  has  re- 
ferred, as  they  have  been  already  commenced;  but  if  the  gentle- 
man desires  lo  be  heard  in  regard  to  the  subject,  an  opportnnity 
will  be  afforded  him  when  the  subject  comes  up  again.  I  hope, 
therefore,  he  will  not  press  his  motion. 

Mr.    BORLAND  consented  to  withdraw  bis   motion,   all  the 

amendments  relating  to    the   marine   hospitals  being    passed  over 
infoiniailv. 

Mr.  JOHNSON,  of  Maryland,  submitted  the  following  amend- 
ment intended  lo  be  offered  by  him.  which  was  ordered  to  be 
printed  :    - 

Sec.  Jlnd  be  it  further  macted.  That  the  sum  of  fifty  thousand  dollar?  be,  and 
hereby  is,  appropriated  for  indemnification  for  losses  of  necessary  clothing,  uniibrm, 
bed  and  table  luriiitiiic,  books  and  instruments,  to  the  officers  and  crews  of  the  sloop 
"Peacoci\,"  which  was  wrecked  and  lost  at  the  month  of  the  Columbia  river,  on  the 
eighteenth  day  of  July,  eighleen  hundred  and  forty-one  ;  of  the  steam  frigate  "Mis- 
souri." burnt  at  Gibralta.  in  eighteen  hundred  and  forty-three  ;  the  schooner  "Gram- 
pus," lost  at  sea  ;  the  schooner  "Shark,"  wrecked  and  lost  at  the  mouth  of  the  (.'o- 
iumbia  river ,  September  tenth,  eighteen  hundred  and  forty-six  ;  and  tiie  brig  "Soni 
ers,  lost  in  the  Gulf  of  Mexico  ;  the  sloop  of  war  "Itoslon,"  lost  on  Eleutheia,  on 
November  two,  eighteen  hundred  and  forty-six;  and  the  steamer  "Hunter."  lost  in 
the  harbor  of  Vera  Cruz,  in  eighteen  hundred  and  forty-seven  :  Prn-tded,  That  the 
amount  of  such  losses  in  the  case  of  each  claimant  shall  be  established,  by  affidavit  or 
proof,  to  the  satislaction  of  the  Secretary  of  the  Navy,  and  shall  be  paid  only  to  the 
applicant  himself,  or  his  authorized  agent,  or,  in  case  of  bis  death,  to  his  widow,  or, 
if  there  be  no  w  idow,  then  to  his  surviving  children,  or,  if  there  be  neither  widow  nor 
children,  then  to  t  he  brothers  and  sisters  now  Jiving,  who  are  minors,  or  were  minors 
at  the  time  the  loss  occurred:  .'ind  provided  also.  That  no  more  than  the  actual 
amount  of  loss  shall  lie  paid  in  any  case,  nor  shall  the  entire  allowance  or  account  of 
any  individual  in  the  respective  grades  exceed  the  following  sums,  viz  :  to  a  captain, 
eight  hundred  dollars  ;  to  a  commander  or  lieutenant  commanding,  six  hundred  dol- 
lars;  lo  a  lieutenant,  master,  surgeon,  assistant  surgeon,  purser,  chaplain,  professor, 
captain  of  marines,  chief  engineer,  foor  hundred  and  fifty  dollars  ;  to  a  passed  mid 
shipMinn,  tiisl  assistant  engineer,  or  first  lieutenant  of  marines,  three  hnr.dred  dollars  ; 
to  a  midshiiiman,  second  or  third  assistant  engineer,  second  lieutenant  of  mar  ncs,  se- 
cretary, clerk  or  m.asler's  mate,  two  hundred  dollars  ;  to  a  boatswain,  gunner,  car[)cn- 
ter.  sailinakcr,  one  hundred  dollars  :  to  a  petty  officer,  oi  sergaanl  or  corporal  of  ma- 
rines, fif^y  dollars  ;  to  a  seaman,  ordinary  seaman,  marine  or  musician,  (orty  dollars  ; 
to  a  landsman,  boy,  or  lireiiiiiii.  thirty  dollar,. 

The  last  amendment  of  ihe  committee  was  to  strike  out  the  fifth 
section,  on  the  l.'Jlh  page;  (relating  lo  the  spirit  ration,)  which 
was  agreed  lo. 

Mr.  ATHF-RTON. — I  would  suggest  that  any  gentlemen  who 
have  amendments  to  offer,  will  offer  them  now,  and  have  ihem 
printed. 

Mr.  UNDERWOOD.— I  desire  lo  ask  the  consent  of  tho  chair- 
man of  the  committee  to  move  as  an  amendment  a  bill  providing 
lor  llie  payment  of  tho  expenses  incurred  nnder  an  act  of  Con- 
gress authorizing  the  Secretary  of  tho  Nn\7  to  make  various  ex- 
periments in  regard  lo  the  explosion  of  steam  boilers.  The  ser- 
iico  was  rendered  for  the  naval  department,  and  I  think,  there 
lore,  it  is  oppropriate  to  this  bill. 


July  17.1 


NAVAL  ARPROPRIATION  BILL. 


893 


Mr.  ATHERTON.— I  shall  certainly  be  under  the  necessity 
of  opposin*^  any  sucli  amendment.  It  is  but  a  private  claim,  and 
if  we  incorporate  this,  we  may,  with  the  same  propriety,  incor- 
porate all  other  private  claims. 

Mr.  UNDERWOOD.— As  the  gentleman  objects,  I  shall  of 
course  not  press  the  motion. 

Mr.  NILE.S  gave  notice  that  he  should  move  to  amend  that 
part  of  the  bill  relating  to  the  mail  lines  of  steamships  by  striking 
out  the  clause  authorizing  advances  to  be  made  to  the  contractors, 
and  inserting  a  proviso  in  relation  to  the  contracts 

Mr.  ALLEN. — I  do  not  design  to  say  any  thing  upon  this  sub- 
ject now,  hut  I  rise  barely  to  give  notice  that  at  the  proper  time  I 
wish  to  be  heard  in  opposition  to  this  whole  systeni  of  ocean  mail 
routes;  and  I  make  this  declaration  in  order  that  the  bill  may  not 
be  taken  up  at  a  time  when  I  shall  not  have  an  opportuniry  of  be- 
in"  heard.  1  wish  to  oppose  the  whole  system,  not  that  I  suppose 
any  elTort  of  mine  will  be  sulliclent  to  arrest  it.  but  I  he  clfort  may 
have  the  effect  of  calling  the  attention  of  the  Senate  and  the  coun- 
try to  the  subject,  and  to  prepare  the  public  mind  to  put  an  end 
to  tte  system  when  the  present  contracts  shall  expire. 

Ordered,  That  the  further  consideration  of  the  bill  be  postponed 
until  to-morrow. 


MESS.^CE    FROM   THE    PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary  : 

Mr.  I'rnsident  :  Tlie  President  of  tlm  United  State»  approved  and  figoed,  Ibif  day, 
llie  foilowiiig  acU: 

A  n  ai-t  to  pxtend  an  act  entitled  "An  act  providing  for  the  adjnslmeDt  of  all  lai- 
pt-niled  pre  emption  land  claims  in  the  several  State«  and  Ternlones,"  approved  3d  ol* 
Augiul.  184B. 

An  act  to  confirm  to  tlie  le<;al  repreKontalives  of  Joseph  Dntaillis  (lie  location  of  a 
certain  New  Madrid  certificate^. 

THE  SELECT  COMMITTEE. 

On  motion  by  Mr.  CLAYTON,  it  was 

Ordered,  That  the  select  committee,  appointed  on  the  13th  inst., 
have  leave  to  sit  while  the  Senate  is  in  session. 

EXECUTIVE    SESSION. 

After  the  consideration  of  Executive  business — 

On  motion, 

The  Senate  adjoumid. 


S94 


RESOLUTIONS— REPORTS,  ETC. 


[Tuesday, 


TUESDAY,  JUT.Y  18,  1848. 


REPORT  FROM   THE  TKEASITRY   TIEPA  BTMENT. 

Tlie  VICE  PRESIDENT  laid  Ixilorc  tlic  SriuUe  a  ic')iort  of  llip 
SeiMftary  of  llie  Treasury,  niadr  in  fionipliaiiru  with  a  resiiliitrcMi 
or  the  .Senate,  aceompaniud  liy  a  Maleineiit  !irini|i(irts  of  ockiI  ami 
iron  from  July  1,  1S47,  to  May  i,  I8-1.S  ;  whit^h  was  read  and  or- 
dered to  lie  printed. 

Mr.  JOHNSON,  of  Maryland,  inrpiired  of  ilie  Chair  if  any  an- 
5iwer  had  lieen  received  to  a  resolution  suhmitleil  liy  him  senile 
weeks  since,  eallini;  fur  a  statement  of  ihe  ninidier  of  nllieers  in 
the  custom -house  at  Baltimore,  Uc. 

The  VICE  PRE.SIDENT  replied  that  the  Jmnnal  did  not  show- 
that  any  answer  had  been  returned. 

Mr.  JOHNSON. — Then,  if  it  lie  not  received  tn-day  or  to  mor- 
row, I  shall  renew  the  call. 

CLERK   TO   THE   COMMITTEE  OF  (T.MMS. 

Mr.  MASON  snlnnitled  the  f.illowins;  rpsojiitiiui  for  considera- 
tion, which  was  read  and  ordered  to  lie  printi'd: 

llesolred   Tliiit  the  CommiUre  oI'l'lainK  lu-  aullinri/iNl  li>  ■•iiiiilny  .i  i-li-il(  niiiiiially. 
Iio^e  (liilies  iliall  be  III,-  ^ame  as  lliose  iimv  |,ril.jiini-.l  I'V  llu-  .l.rl.  ol  llie  LriiiiniiUee 
he  House  of  Re|iteseiil:ilives.  iiiilil  olh.-nvi~e  .mleieil.  lo  he  |ianl  iiloimIi- 
of  llie  Seiiale,  Olll  ol'  llie  ecililillt'elil  I'lMlil.  slleh  eolil|ielisalloll  a« 
■  eoiiiiiillleo,  iiol  exeeeiliiis  llial  allowed  lo  ensiossiiig  elerks  ol  ihe 


ofCluiillb  ol 

ly  by  the  Seeretary 

shall  he  fixed  by  th 


POST    ROUTE    IN  ILLINOIS. 

Mr.  BREESE  siilimilted  the  followinir  resolution,  wliicli  was 
considered  liy  unanimous  consent,  and  agreed  to  : 

ResolviJ,  Tliat  the  ('omiiiitlee  on  tlie  Tost  ( Iffiee  and  Po<l  Roads  he  inslnlcled  10 
inqnireinlo  llie  exjiediency  of  establishing  a  mail  lonle  fioiii  Lebanon,  in  Si.  I'lait 
county,  ihroiiph  Miiine  town,  in  IMadison  county,  and  Stannlon.  in  IVlaconpin  conn- 
tv.  to  I'ailini  die.  Ihe  loiinly  seat  of  said  roiinlv. 

J.    r.    FREMONT. 

Mr.  DAVIS,  ol  Mississippi,  siiliniiilcd  the  followinc;  resolution 
for  consideration  : 

ne!:alrnl.  That  the  Secretary  of  the  Senate  lie  diiected  tnpny  to  J,  f.  Fremont,  for 
Ills  services  since  he  left  the  army  of  the  Unileil  States,  in  |ire|iarin;;  and  c  oiii|nlini; 
the  map  of  Oregon  and  ralifoniia.  as  ordered  liy  Ihe  Senate  on  the  Sid  ol  Filmiaiy. 
1.S147,  and  in  dtawins  up  a  geograpliical  liieoHiir  in  illnslirition  of  said  map  ;  rr»i„l,,l. 
The  rale  of  pay  sli.'dl  not  exc.-ed  that  allowed  lo  J.  N  .  Nii  iilel,  l-'.-.p  l.ir  Mind.ir  he 
bol^and  servicc-s  in  preparilis.'  and  eonipihiiir  hi-  hvdio^raphi.al  aiul  lopoL-iaphicnl 
ina|i  oflhe  basin  of  Ihe  llppel  Ml.sissippi. 

Mr.  DAVIS,  of  Mississippi. — The  memoir  and  map  referred  to 
in  the  resiilution  have  lieen  compiled  and  prepared  liy  the  gentle- 
man mentioned  therein,  who  was  an  ollicer  in  the  army  at  the 
time  when  he  performed  the  lalior  of  exjiloralion.  But  lieing  now 
out  of  service,  it  could  hardly  he  expected  that  he  should  prepare 
these  works  for  the  pnblie  withinit  enmpcnsation.  I  am  informed 
that  he  does  not  intend  to  lake  nut  a  copy  riglit,  leaving  the  work 
to  be  the  property  of  the  federal  government.  The  rate  of  com- 
pensation proposed,  is  the  same,  as  that  whieli  was  jiaid  to  Mr. 
Nicolet  for  the  same  description  nf  labor  in  preparing  a  Topogra- 
phical history  of  the  upper  Mississippi.  The  question  being  sim- 
ply upon  granting  compensation  fir  labor  perforiiied  for  the  bene- 
fit of  the  country,  I  have  not  thought  it  necessary  to  move  a  re- 
I'erence  of  the  resolution  to  any  coniiiiittee,  but  if  any  gentleman 
■wishes  its  reference  I  have  no  objeelioii,  althongli  I  would  jirefer 
that  it  be  now  considered. 

Mr.  KING. — The  resolution  had  belter  take  the  ordinary 
course  perhaps,  until  we  ascertain  what  was  the  rate  of  compen- 
sation paid  lo  Mr.  Nieiilet. 

The  resolution  lies  over. 

REPORT  OF  CONFERENCE  COMMITTEE. 

Mr.  DAVIS,  of  Mississijipi,  from  the  comiiiittce  of  conference 
on  tlin  part  of  llio  Senate  on  the  disagieeing  votes  of  the  two 
Houses  on  the  bill  to  amend  an  act  entitled  "An  act  supplemen- 
tal to  an  act  entitled  'An  act  providing  for  the  prnseeution  of  the 
existing  war  between  the  United  States  and  the  lepublie  nf  Mex- 
ico, and  for  other  purp.ises,"'  re|iiirled  thai  the  ei.iiiiiiiltce  of  enn- 
feretlee  have  agreed  lo  reeiinitiiend  : 

1.  That  the  Senate  reeede  fnim  its  ami'iiilmctit  to  the  lirst  sec- 
tion of  the  bill  striking  out  the  word  "  repealed,''  i<ie.,  and  agree 
•hat  the  section  stand  as  originally  passed  by  the  House,  with  a 
proviso  herewith  reported. 

2.  That  the  Senate  recede  from  its  amendment  proposed  as  the 
second  section  of  the  bill,  and  agree  to  adopt  in  lieu  ihercol,  the 
section  hercwitb  reported  as  the  second,  third  and  fourth  sections 
*f  the  bill. 

3.  That  the  House  recede  from  its  amendment  proposed  as  the 
tnird  section  of  the  bill,  and  a<;rco  to  adopt  in  lieu  thereof,  the  see. 
Han  herewith  reported  as  the  fifth  section  of  the  bill. 


4,  That  the  two  Houses  do  agree  to  adopt  the  bill  herewith  re- 
ported, embodying  the  agreements  of  their  respective  Commit- 
tees of  (.'oid'erenco  in  their  disagreeing  votes  on  House  bill  num- 
ber 42!t. 

On  motion,  by  Mr.  BADGER,  it  was 

Ordered,  That  the  report  be  printed. 

resoh;tions  of  legislature  of  Wisconsin. 
Mr.  WALKER  suluiiitted  resolutions  passed  by  the  Senate  and 
General  .\sseinlily  of  the  State  of  Wisconsin,  in  lavor  of  a  modili- 
cation  of  the  fourth  clause,  of  the  7th  section  of  an  act  of  Con- 
nress  to  enable  the  people  of  Wisconsin  to  form  a  constitution  and 
State  government. 

SCHOOL  LANDS,  ETC.,  IN  WISCONSIN. 

Mr.  WALKER,  by  unanimons  consent,  asked  and  obtained  leave 
to  bring  in  a  bill  to  uiodifv  the  4th  clause  of  the  7tli  section  of  an 
a»t  entitled  "  an  act  lo  eii'able  the  people  of  Wisconsin  territory  to 
loini  a  consiiliition  and  State  governiiietit,  and  for  the  admission 
of  such  State  into  the  Union,"  approved  August  6,  l.S4fi. 

The' bill  was  read  the  first  and  second  times  by  unanimous  con- 
sent, and,  wilh  the  memorial  of  the  .Senate  and  House  of  Repre- 
sentatives of  Wisconsin,  referred  lo  the  Committee  on  Public 
Lands. 

SHIP  ADMITTANCE. 

The  Senate  proceeded  to  consider  the  resolution  submitted  yes- 
terday by  Mr.  Badoer,  respecting  the  seizure  by  a  vessel  of 
war  of  the  United  States,  of  the  American  ship  Admittance  ;  and 
the  resolution  was  agreed  to. 

half-pay  To  widows  and  orphans. 

Mr.  DIX,from  Ihe  CMiumittee  on  Military  Afl'aiis,  to  whom 
were  rrferred  the  anicnduienfs  oflhe  House  of  Re)iresontatives  to 
the  bill  amending  the  art  entitled  "  an  act  granting  half  pay  to 
widows  or  orphans,  where  their  husbands  and  fathers  have  died 
of  wounds  received  in  the  military  serviee  of  ihe  United  Slates," 
in  cases  of  deceased  oflicers  and  .soldiers  of  the  militia  and  volun- 
lecrs,  passed  July  4,  183(i,  reported  thereon. 

The  Senate  iiroeeeded  to  consider  the  said  amendments. 

Mr.  BADGER.— I  would  call  the  attention  of  the  Senate  to 
the  phraseology  of  the  last  clan.se  of  the  act  : 

Sp.e.  '^.  .'ItitUic  it  furllirr  cvnrtpd.  That  all  pensions  under  this  act  shall  be 
granted  under  such  rules,  rcgniatiolis,  restrictions,  and  limitalions,  as  the  Secretary  of 
War,  with  the  approbation  of  Ilie  President  of  the  United  .States,  may  prescribe. 

This,  in  effect  authorizes  the  Department  of  War  to  determine 
not  only  who  are  to  receive  )iensions,  and  under  what  circum- 
stances they  shall  receive  them,  but  what  .shall  be  the  amount  of 
such  pensions.  I  cannot  myself  see  the  necessity  for  such  a  pro- 
vision. It  may  have  crept  in  by  an  oversight  ;  for  I  believe  there 
is  no  precedent  for  it.  1  do  not  wish  to  be  captious  abont  it,  but 
it  really  seems  to  me  that  it  is  conferring  a  power  upon  an  Exec- 
utive officer  which  he  ought  not  to  possess. 

Mr.  DIX.— If  I  had  drawn  the  section  I  should  h.ave  omitted 
the  words  "  liniitalion''  and  "restriction."  At  the  same  time,  I 
do  not  think  that  it  will  have  the  eli'ecl  of  changing  the  course 
pursued  by  the  deiiartmcnt  in  relation  to  these  pensions.  As  the 
Senator  suggests,  it  may  have  crept  in  by  inadvertence;  but  I  cer- 
tainly lliink  there  can  be  no  danger  that  the  power  could  be  exer- 
cised unfavorably  to  persons  entitled   to  pensions. 

Mr.  B.VDGER.^I  do  not  wish  to  be  understood  as  making  any 
positive  opposition,  but  I  think  it  is  unfortunate  that  those  words 
should  have  been  introduced.  Although  there  may  be  no  impro- 
per exercise  of  power  under  this  clause  in  tlie  lirst  instaiK-e,  yet  it 
may  hereafier  be  used  as  furnishing  a  reason  why  such  power 
should  be  vested  in  the  Department  of  War.  The  phraseology  is 
rcniarkable.  It  is  not  that  the  pensions  sliall  be  ascertained  and 
the  pensions  paid,  but  that  persons  shall  b  "  "granted^  under  such 
riiU's,  regii'atioiis.  Iiiiiilaiions.  and  resli  ielions  as  the  Secretary  of 
War,  Willi  the  approbation  oflhe  President,  may  impose.  It  is  a 
jinwer  to  restrict  the  granting  of  any  claim,  and  not  merely  the 
jiower  to  jirescribe  the  rule  ol  evidence  by  which  the  fact  shall  be 
ascertained. 

Mr.  BORLAND. — I  hope  that  the  phraseology  of  this  clause 
will  be  altercil,  and  that  no  further  discretion  will  do  given  to  the 
ollicer  whose  duty  it  is  lo  issue  these  pensions.  I  think  the  dis- 
cretion that  he  has  exercised  already  is  too  great — much  too 
great — certainly  loo  great  for  the  interest  of  the  persons  enlitled 
to  pensions.  Tho  restrictions  and  limitations  that  are  imposed 
amount  almost  to  prohibition.     Obstacles  are  thrown  in  the  way 


July   18.] 


PENSIONS  TO   WIDOWS  AND  ORl'lJANS. 


895 


which  prevent  ihe  Kiantint;  of  these  pensions  lor  months,  ill 
some  instances.  I  really  think  that  so  far  frcnii  :;ivinL'  any  more 
discretion,  Congress  outjht  to  pass  a  bill  ilclinin;,' i>,\"pli<il|y  ihe 
rules  and  regulations  relalins  to  the  fjrantinf;  ol  pc^.sions,  and  not 
leave  anythinj;  to  the  discretion  ol'  the  executive  oll'icers.  In  my 
short  experience  here  I  have  had  soinetliini;  to  do  with  the  pen- 
sion olHro,  and  I  have  loiind.  thai  wIiciicvit  iliscrclinn  is  "iven  it 
is  used  \(ilb  Ihe  ulniost  ri^or.  To  poisons  rcsidiii^r  al  a  distance 
the  restrictions  and  delays  amount  almost  to  ii  denial  of  jusl ice. 
The  trouble  and  expense  atteniling  the  process  (•{  |irocunn;;  the 
pension  absoibs  the  wlnde.  The  complete  power  which  it  ^ivcs 
to  Ihe  pension  agents  throughout  the  counlry  over  the  mirorlmiale 
persons  for  whose  belli  the  law  was  intended  is  a  crying  evil,  ami 
it  is  lime  that  it  should  be  remedied.  I  would  like  io  see  llic  bill 
amended  by  adiling  any  nnnilicr  of  sections  to  dclinc  the  rules  and 
regulations  under  which  the  law  should  be  adminisleicd. 

Mr.  JOHNSON,  of  Louisiana. — I  think  the  phraseology  is  ex- 
ceedingly unfortunate,  but  at  the  same  time  I  do  not  think  it  will 
be  construed  so  as  to  give  to  the  olficers  of  pensions  any  '^reatcr 
power  lliaii  they  exciciso  at  present.  The  law  as  it  ill  jireseiit 
stands,  aiilliorizcs  the  War  department  lo  adopi  rules  in  rdulion 
to  the  lakiiigof  tosliniony,  but  it  never  was  iiilcndrd  to  empower 
the  doparlinent  to  enlarge  or  diminish  the  pciisiiPiis,  or  to  reject 
eases  wliiih  I  ho  law  einbrai-ed  l)y  it.  A  dilli.'rent  phraseology 
would  be  better,  I  admit,  but  I  ilo  not  think  any  imjiroper  con- 
struction will  bo  given  lo  it.  There  is  one  thin:;  I  regret,  how- 
ever, and  that  is  the  omission  lo  provide  lor  the  Kloriila  eases. 
'I'hcie  arc  many  strong  cases  arising  there — -just  as  strong  as 
tho.so  in  Mexico,  an. I  a  general  wish  seiuned  to  bo  cxpiessed  that 
thev  should  be  iiicludcil;  but  allhougb  thcv  have  been  omitted,  I 
shall  not  move  to  refer  the  bill  back  on  that  account. 

Mr.  BRADBUIiY.— I  am  unwilling  to  allow  the  remarks  of  the 
Senalor  Ironi  Arkansas  to  pass  wilhoiil  noliee.  lie  seems  lo  re- 
flect upon  the  piiblie  ollicers  for  standing  between  the  applicants 
and  ihe  Treasury.  I  Ilmik  for  that  course  ofeondiicl  they  are  en- 
titled to  comuiendalion  iiislead  of  censure.  And  lliis  applies  not 
only  lo  Ihe  Pension  <.lliee,  bill  to  every  oihcr  These  olli.ci  s  li.ive 
an  jnduceinent  to  grant  the  allowances  thai  are  soii^'iit  lor  in  all 
eases  where  they  can  do  so  in  accordance  uilli  llicir  duly,  for  by 
that  means  they  get  rid  of  importunate  applii-anls.  liiil  ihey 
stand  as  guardians  of  the  Treasury,  protecting  the  iniMiey  of  the 
people;  and  standing  in  this  position,- ami  acting  upon  an  enlarged 
view  ill  reference  lo  ipiesiions  preseiilcil  to  ilicjii,  their  rules  may 
ajipear  to  be  rigonHi--,  but  \\  ben  the  nceessilv   is  known,  il  is  gen. 

erally  found  that  those  iiiles  coiiimend  ibemsclves  lo  ihe  (iiibi t 

of  all  who  eonsiilc'r  llie  snbjeel.  1  lliink  those  ollic.-rs,  insicad  of 
being  reproached  should  bo  commended.  1  am  unwilling  lo  be- 
lieve that  they  impose  upon  any  applicant  trouble  that  is  unneces- 
sary. They  establish  general  rules,  and  they  do  so  from  Ihe  ne- 
cessity that  arises  from  an  enlarged  view  of  the  whole  subjei-l ,  ami 
not  from  a  disposition  lo  give  ironble.  This  is  the  view  thai  1 
lake  of  It,  and  1  hope  that  they  will  not  be  exposed  to  cciisinc  b-r 
doing  that  which  eeilamly  must  be  in  many  eases  an  iinp'Mtant 
duty. 

Mr.  BORLAND. — If  the  Kcnalnr  supposes  that  I  ilcsign  to 
cast  any  censure  upon  the  ollicers,  he  draws  upon  his  imagination, 
for  I  do  not  think  that  my  language  will  bear  that  intcrpictaiioii. 
I  am  as  desirous  as  ihe  Senator  himself,  ihat  the  money  of  the 
governmenl,  or  of  the  people,  .*liall  be  dislnnsed  in  siricl  aceiml- 
am-c.  with  the  l.iw.  i  d"  not  wish  lo  see  any  Itiing  like  cxtiava- 
gaiicc.  It  was  not  llial  1  (picstioiicd  the  motives  of  those  oliictns; 
but  i  complained  of  the  cUeels  of  their  course  of  proceeding,  not 
doubling  that  they  acted  Irom  eotiscieiitous  motives;  but  I  certain- 
ly lliiiik  they  act  very  miieli  like  i'ct\[  alloinies  on  the  part  of  ihe 
government,  and  consider  ihcmselvcs  b(iiuid  lo  lake  ailvantagc  id 
every  little  tccbiiiealiiy.  They  do  not  look  at  the  case  upon  tin' 
side  of  the  applicaiii,  but  they  consider  themsi'Ives  bouinl  to  ,ij)posc 
every  claim,  aiul  take  advantage  ol  every  miiiulc  circiunsiaiice 
that  can  iniligale  against  it.  This  has  been  llieease  in  regard  to 
every  claim  1  have  presenleil.  I  will  give  a  single  instanec  of  the 
interpretation  id  a  law  re<;ciilly  passed  by  C-ongress.  It  was  found 
that  a  class  of  persons  in  ihe  ai my  in  i\Icxiio,  in  tin-  \olunIecr  ser- 
vice, were  not  provided  for  by  the  law  granting  bounty  land.  It 
was  that  meritorious  class  of  voliintcers  who  left  their  homes, 
and  served  for  some  lime  as  privates,  and  were  subseipiciitly 
promoted  by  the  voice  of  their  respective  cuiipauies.  When 
they  applied  for  bounty  land,  it  was  decided  that  they  were  not 
entitled  to  it  under  the  law,  allhuugh  the  propiiety  lA'  their  having 
it  was  rci'oni/.cil  by  every  budy.  A  bill  was  aceonliiigty  inlro- 
ilueeil,  and  passed  tlirongb  Congress,  jiKiViding  lor  this  class  id 
eases,  and  according  to  the  phraseology  of  the  bill,  those  pe.sons 
who  bad  bemi  promoted  in  Mexico  were  embraced  liy  it.  15ut  it 
appears  that  some  of  these  persons  had  not  been  proiuoicd  upon 
the  very  sod  id"  Mexico,  ami  it  was  ileeided  in  the  department ,  that 
siieh  per.sons  must  be  excluded;  although  such  was  certainly  not 
the  intent  of  the  law.  By  this  interprclatioii,  ihrce-fourths,  if  nni 
ninc-tciiihs  of  those  who  were  intemleil  to  be  provided  for,  were 
excluded.  1  have  decidad  objeeiion,  therefore,  to  giving  any  mure 
discretion  to  E.vecutive  ollicers. 

Mr.  BRADBURY.— 1  am  happy  to  find  that  the  honorable  Sen- 
ator in  the  very  instance  be  lias  cited,  has  been  constrained  to  ad- 
mit, that  the  oliicei's,  in  the  construction  of  ihe  law,  i-onlined  llieni- 
selves  to  its  express  terms.  'I'hey  did  not  feel  al  libeily  lo  dejiart 
from  the  letter  of  the  law,  and  to  give  to  it  aeoustruetioii  not  war. 


ranted;  and  I  understand  it  is  a  fact,  that  in  the  case  referred  to, 
Clongrcss  had  lo  supply  its  omission,  and  pass  a  supplemental  act. 
No  blame  Ihen  can  ailaeli  lo  ihe  ollicers,  on  the  contrary,  ihcy 
are  enlilled  to  commendation,  for  nut  taking  il  upon  themselves, 
in  the  iiilcrpretation  of  the  law,  to  depart  from  its  express 
terms. 

Mr.  BBRKIKN. —  liclii-ving  lliere  is  great  force  in  the  objec- 
timis  of  ihe  Senator  from  Norlli  Carolina,  and  coinciding  also,  ii> 
ttie  siiggeslion  made  by  the  Senator  from  Arkansas,  ih  il  loo  iimili 
discretion  ought  not  to  be  \esied  in  an  ollieer  who  is  delegated  by 
law,  to  carry  into  cxeeiilioii  the  benevolent  iiilenlioa  of  Congress, 
I  will  move  lo  strike  out  from  the  aineiulnienl  proposed  by  the 
coiiiinillee,  the  words  "  limitations  and  resli  ictions,"  and  farlher 
lo  aiiK-ml  by  inserting  "shall  be  allowed  and  paid''  instcuil  ul 
"shall  be  granleil." 

Mr.  DIX. — I  i]o  not  consider  this  matter  of  very  great  inipor- 
taiiee,  for  lam  salislii  d,  lhat  whether  amended  or  nol.ilwilj 
make  no  ililierence  in  the  course  of  proceeding  in  the  Pension  Of- 
fice. Kesiiles,  if  we  strike  out  those  words,  wc  do  not  reach  ihi' 
dilfieiiliy  suggested  by  the  Senator  from  Arkansas,  The  rules  and 
regulations  of  the  Peiisimi  Olfice  will  remain.  Regarding  the 
Words  as  not  allceling  lite  provisions  of  ihc  previous  scelion,  ibo 
comniitlee  were  of  opinion  thai  we  had  better  concur  in  the 
aiuendmcnt,  and  not  send  the  bill  back  lo  the  House, 

Mr.  BERRIKN. — It  certainly  does  not  meet  the  suggestion  ol" 
the  Senator  from  Arkansas,  because  we  do  not  prescribe  the  rules 
and  regulations  under  which  pensions  shall  bo  allowed  ;  but  the 
Senator  will  see,  that  by  ilivcsting  the  I'ixecutivc  olUccr  of  the 
power  to  pre.scrib-'  liiuilatioiis  and  restrictions,  the  matter  will  be 
left  as  it  stands  under  the  existing  law.  No  new  power  will  be 
conferred.  In  rcgaril  lo  sending  the  bill  back  to  the  House,  1  sup- 
pose there  necil  be  no  apprehensisn  eiiici  taiiied  lhat  they  will  not 
readily  concur  in  the  proposed  auieiidmciii.  I  agree  with  the  Sen- 
ator from  Arkansas,  that  the  view  taken  by  most  of  llie  aeeoin|il- 
iiie  ollicers  of  the  government,  is  that  llicy  rcpresenl  the  govern- 
menl, and  lhat  lln-y  are  bound  to  interpose  every  feasilde  olijeclit'ii 
to  the  allowaiiee  u[  all  claims.  1  hope,  therefore,  the  aiiieiidmcnt 
will  prevad. 

Mr.  BfJRLAND. — The  ameiidmcnl  proprised  meets  my  views 
jneeiscly,  and  it  was  only  lo  show  my  objection  to  the  al- 
lowaiiee ol  any  fniilier  discrelion  to  llie  lOexceuiivc  ollicers,  ihal  ^ 
1  made  the  oh.servalions  that  I  did  1  do  think,  thai  il  would  be 
well,  (li;it  specific  rules  and  regulaiiiins  should  be  presciilied  by 
C'-MiLiicss;  for  I  liiiiik  the  ititcresis  of  all  parties  woiihl  be  proino- 
leil  by  il.  While  up,  I  will  call  atleniion  to  one  other  instance  of 
interpretation  of  a  law  where  the  iiiLeiition  of  Congress  has  been 
defeateil. 

Mr.  BORLAND  referred  lo  the  provision  of  the  law  graining 
an  allowance  lo  volunteer  companies  uf  cavalry  for  Ibc  uso  uf  ibcir 

horses. 

Mr.  HALE. — I  do  not  desire  to  miiigio  in  this  debate,  but  it 
ajipeais  to  me  that  the  rcllee'tions  cast  upon  the  Exeeuiive  ollieeis 
are  allovelher  undeserved.  As  far  as  relates  to  the  Commissioner 
ijf  Pensions,  th-y  tlo  lhat  gentleniaii  great  iiijiisliec.  I  bclievo 
him  lo  be  one  of  ihe  most  f.iitbfui  and  vigilant  olficers  of  the  go- 
meriimcnt. 

Mr.  BORL.VNI). — I  saiil  I  intemled  no  eeiisnie  upon  any  olli- 
eer i>f  the  goveinmeiit  1  believe  they  are  actuated  by  conscien- 
tious motives. 

J\Ir.  HALE. — I  am  glad  lo  hear  the  Senator  say  so.  I  thonglit 
the  lone  of  remark  indulged  m  by  the  Senator  implied  a  eensuie. 
And  peilnil  luc  lo  sav.  that  I  have  known  soinelhing  ol  that  olli- 
eer, and  of  what  he  has  had  to  contend  against.  I  believe  hi;  has 
been  imposed  upon,  with  all  his  vigilanoe,  ten  limes  where  one 
pension  has  been  withheld  when  il  was  due.  He  is  a  man  wiio 
works  early  and  late,  and  the  yreatesl  injustice  that  was  ever 
iloiie.  was  when  in  a  spasinodie  lit  of  cetniomy,  Congress  reiinceil 
the  salary  of  that  olficcr  i\\{i  hundred  dollars. 

The  amendment  of  the  Senator  fnun  Ueorgia  was  disagreed  to, 
and  the  ipicslion  being  on  concurring  with  the  amendmculs  of  iho 
House,  they  were,  without  a  division,  concurred  in. 

Ordered  That  the  Secretary  notify  '.he  House  of  Ueprcsenla- 
tives  accordingly. 

LlUllT    HOUSES. 

'I'hc  Senate  proceeded  to  consider  liio  resolution  "cxlcndiiig  llie 
tiine  bir  ihc  ereelioii  of  certain  light  houses,"  and  no  amendment 
being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  puss  to  a  third  reading. 

The  said  resolution  was  read  a  third  lime. 

Jiciolpetl,  TIi.-»t  tills  ttsolution  pass. 

Ordered,  That  the  Secretary  notify  ihc  Hou-e  .it  Represenia- 
livcs  accordingly, 

MKSSAGE  >-R01M    THE    HOUSE. 

The  following  message  was  receivcil  from  ihc  House  of  Repre- 
sentatives, by  Mr,  Cahpbeli.,  their  Clerk  : 

Mi.  I'lculciil  :  The  lliiiisc  of  Kei  laiinalivo  mr-x  lo  liiv  ir|ion  of  Un.-  i-oniuiiUiT 
o(  uonlcunce  ou  lbc<lit:u;rctiiig  volcjof  llic  l>vo  IIous«  on  Uic  bill  lo  amend  an  act 


896 


THE  COMPROMISE  BILL. 


[Tuesday, 


fnlitle<I  "an  act  sopplf-'inemai  10  an  act  (--ntitled  an  act  providing  for  the  proyecution  of 
tlie existing  war  belwei^n  the  United  States  and  the  republic  of  Mexico,  and  fotoylter 
purposes." 

Thev  have  passed  the  bi)l  for  the  renewal  of  eertain  Naval  Pensions  for  Ilie  term  of 
five  years,  and  extending  the  beiietiLs  of  existing  laws  respeetinj;  Naval  Pensions.  lo 
engineers,  tireinen,  iimrcoal  heavei-s  in  the  Navy,  and  to  their  widows,  with  amend- 
iitenis,  tu  which  they  request  the  concurrence  of  the  Senate. 

They  have  |las^erl  a  leiohuioii  Kliuquishing  lo  llie  Stale  of  Mi^sonii,  certain  uo- 
pjiies  oi  Doiii[»l^n'»  vicloiious  expedition  ;  in  which  they  ret)uest  the  concurrence  of 
the  Seoale. 

■     .  NAVAL    APPKOPKl.VriON    BILL. 

The  Senate  lesiimeJ,  as  in  C'cmiraitlee  of  the  Whole,  the  con- 
.'ideration  ol'  the  bill  making  appropriations  lor  the  Naval  service 
for  the  year  eniling  the  30th  June,  1849. 

The  VICE  PRESIDENT  staled  the  question  to  l.o  upon 
nijteein^  to  tliat  ])art  of  the  aiuendraent  reported  from  the  Cnni- 
niittee  on  Finance,  whiuh  proposed  striking  out  the  215  lo  tlie 
2I9th  line  inclusive. 

Mr.  BORLAND. — I  see  no  necessity  for  dividing  the  question. 

PRESIDING  OFFICER.— The  division  was  asked  lor  on  a 
former  day  by  the  Senator  from  Vermont 

Mv.  PHELPS. — The  reason  why  I  asked  for  a  division  of  the 
question  was  thi.s.  It  will  be  perceived  that  certain  appropria- 
tions are  designed  for  the  completion  of  hospitals  already  com- 
menced, others  for  the  ereolion  of  new  ones,  and  a  third  class  of 
appropriations  for  the  establishment  of  hospitals  in  cases  where 
the  site  has  not  yet  been  procured.  I  have  no  objection  to  the 
comiiletion  of  sueh'as  have  been  commenced  ;  but  I  must  confess 
that  I  ain  somewhat  surprised  at  the  numerous  appropriations 
that  are  proposed  for  marine  hospitals  in  the  interior,  when  con- 
sidered in  comparison  with  the  number  upon  the  Atlantic  coast.  I 
believe  there  are  but  six  marine  hospitals  on  the  Atlantic  coast 
exclusive  of. the  one  at  New  Orleans,  while  this  bill  contains  ap- 
propriations for  nine  upon  the  western  waters.  It  is  true,  I  have 
not  given  much  attention  to  the  subjei-f ,  but  it  strikes  me  as  some- 
what extraordinary,  that  if  six  hospilals  arc  sufficient  for  a  range 
of  coast  extending  from  the  extremity  of  Maine  to  the  Gulf  of 
Mexico,  as  many  as  nine  arc  required  for  the  interior.  I  feel  no 
great  anxiely  on  the  subject,  but  I  must  be  permitted  to  say,  that 
I  should  be  surprised  if  by  any  statisti'-s  it  can  be  m.ade  out,  that 
a  larger  is  required  upon  the  western  waters,  than  upon  the  At- 
lantic coast. 

The  question  being  taken  upon  concurring  in  the  amendiuent, 
it  was  determined  in  the  negative. 

The  PRESIDING  OFFICER  stated  the  next  question  to  be  on 
concurring  in  that  part  of  the  amendment  reporled  by  the  commit- 
tee striking  out  lines  220  to  225  inclusive. 

Mr.  BORLAND  addressed  the  Senate  in  a  speech  of  consider- 
able length,  occupying  about  one  hour  and  a  half.  A  report  of 
the  honorable  Senator's  remarks  will  be  given  in  the  Appendix. 

The  question  being  taken  upon  concurring  in  the  amendment, 
it  was  determined  in  the  negative.    " 

The  next  question  was  on  concurring  in  that  part  of  the  amend- 
raeiit  reported  by  the  coiumittee,  striking  out  lines  226  to  232,  in- 
clusive :  and  it  was  determined  in  the  negative. 

On  motion  by  Mr.   DAVIS,  of  IMississippi,  it  was 
Ordered,  That  the  bill  lie  on  llie  table. 

ORDER    TO    PRINT. 

On  motion  by  Blr.  HANNEGAN,  it  was 

Ordered,  That  the  memorial  of  R.  R.  Gurley,  presented  the 
lOtli  instant,  be  printed. 

nKPOBT   OK    CONKEIIENCE    COMMITTEE. 

On  motion  by  Mr.   BENTON, 

The  Senate  resumed  the  consideration  of  the  report  of  tlio  com- 
mittee on  conference  on  the  disagreeing  voles  of  the  two  Houses 
on  the  the  bill  to  amend  an  act  entitled  "an  act  supplemental  to 
an  act  entitled  an  act  providing  lor  the  prosecution  of  the  existing 
M-ar  between  the  Uiuletl  States  and  the  republic  of  Mexico,  antl 
lb.  other  purposes  :"  and  it  was 

lirfiolrctl,  That  they  concur  llierein,  and  thai  tin-  hill  he-  atneiided  acconTiiifjIv. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives thereof. 

EXECTTIVE     SESSION.  ,     ,, 

The  Senate  ihen  proceeded  to  the  eonsidoralion  of  Executive 
busine.ss;  and  alter  several  hours  spent  therein,  the  doors  were 
again  opened. 

THl'.    (OMPUOMIPF,    nil.L. 

Mr.  CLAYTON  from  the  Select  Cominilleo  lo  whom  was  re- 
ferred, llie  12lli  instant,  the  bill  lo  eslablisli  ihe  territorial  govern- 
ment of  Oregon  ;  and  lo  whom  was  jilso  referred,  so  muelf  of  the 
message  of  the  President  of  the  United  Slates,  as  relates  to  New- 
Mexico  and  California,  reported  a  bill  lo  establish  the  Territorial 
Governments  ol'  Oregon,  California,  and  New  Mexico  ;  which  was 
read  and  passed  to  the  second  reading. 


Mr.  CLAYTON  said  the  subjects  referred  to  this  committee  were 
of  infinite  diffiealty.  The  territories  for  which  teniporaiy  civil  go- 
vernments were  lo  be  organized  embraced  an  area  ol  1,044,492 
square  miles — -about  as  large  as  that  of  one-thlid  of  all  Europe,  ard 
capable  of  stistainincr,  sooner  or  later,  the  population  of  a  miglry 
empire.  The  intrinsic  diOiculties  necessarily  belonging  lo  such  an 
oiganizaiion  were  increased  by  the  nature  and  character  of  the 
population  now  existing  there,  as  well  as  of  that  hereafter  to  bein- 
Iicidueed  by  the  extension  of  the  constitution  and  laws  of  tho 
United  Sla'es  over  so  vast  a  country. 

The  committee  had  entered  upon  the  discharge  of  their  duties, 
under  all  these  emb;irassments  with  untiring  industry,  with  a  jea- 
lous resolution,  and  an  indefatigable  spirit  which  he  had  never 
known  surpassed.  He  felt  it  due  in  justice  to  each 
and  every  one  cf  his  colleagues  to  say,  that  amidst  all 
their  long  conferences,  and  laborious  discissions  on  the 
various  ttipies  necessarily  considered  by  them,  the  most 
conciliatory  spirit  had  been  evinced  by  them,  each  endeavor- 
ing to  maintain  the  honor  and  interest  not  merely  of  his  own 
section  of  country,  but  that  of  the  whole  nation,  and  each  endea- 
voring to  yield  so  much  as  he  felt  could  be  properly  and  honorably 
conceded,  without  the  sacritiee  of  what  was  essentially  due 
to  bis  own  constituents  and  the  people  of  all  the  States.  The 
conferences  of  the  comtuittee  were  in  this  spirit — attended  with 
free  and  ample  discussion — and  alter  a  full  inlcrchanrre  of  views, 
a  vote  was  taken  on  a  proposition  moved  bv  the  Senator  from 
Missouri.  [Mr.  Atchison,]  ''that  the  spirit  of  the  Missouri  com- 
promise  be  adopted  to  govern  the  settlement  of  all  the  territories  of 
the  United  States."  On  this  question  the  committee  divided,  five  for 
and  three  against  the  motion.  The  Senator  from  Indiana,  [Mr. 
Bright,]  then  moved  the  proposition,  notice  of  which  had  been 
previouf  ly  given  in  the  Senate,  containing  the  words  of  the  Mis- 
souri compromise.  As  the  condition  of  the  territory  was  now 
said  lo  be  difl'erent  from  that  to  which  that  compromise  applied  in 
1820.  a  motion  was  made  by  the  Senator  from  Kcniueky,  [Mr. 
Underwood,]  to  amend  that  proposition  by  providing  that  "all 
the  territory  in  New  Mexico  and  California,  south  of  ihe  parallel 
of  36°  30'  shall  be  placed  on  the  same  footing  in  all  res- 
pects as  to- slavery  that  existed  in  Louisiana  while  it  was  a 
territory."  On  this  question  the  committtee  divided,  four  for 
the  motion  and  four  against  it.  After  the  failure  of  this  motion, 
the  question  was  taken  on  tho  proposilion  of  the  Senator  from 
Kentucky,  and  with  alike  result — the  committee  being  again  equal- 
ly divided. 

At  this  stage  of  the  proceedings  all  compromise  appeared  to  be 
impossible.  But  the  committee  proceeded  aflerwards  to  consider 
a  proposilion  lo  endeavor  to  atljust  llie  great  question,  at  least  so 
far  as  lo  enable  Congress  to  extend  the  laws  over,  and  provide  lor 
tho  administration  of  justice  in  the  territories,  leaving  for  the  pre- 
sent the  settlement  of  it  to  the  laws  of  population,  or  the 
adaptation  of  soil,  climate,  antl  all  circumstances  to  the  va- 
rious kinds  of  labor.  While  it  was  admitted  on  all  sides 
that  by  far  the  greatest  portion  of  the  territories  was  properly  adap- 
ted to  free  labor,  and  would  necessarily  be  free  soil  forever  ; 
yet  it  was  also  with  equal  unanimity  conceded  that  there  was  a 
portion  ol  it  where  free  labor  never  could  be  introduced,  owing  to 
the  climate  and  the  peculiar  productions  of  ihat  portion^  It  was 
thought  that  if  Oregon,  which  no  one  imagines  can  ever  he  slave- 
holding,  could  be  organized  as  the  people  of  that  territory  desired, 
by  the  temporary  adoption  of  their  present  laws,  interdicting  or 
jirohibiiiiig  slavery  till  the  territorial  legislature  jiroposed  to  bo 
organized,  by  a  popular  vole  under  the  bill  referred  to  us,  could 
enact  some  law  on  the  subject,  most  of  the  objections  which  had 
been  urged  in  debate  to  the  12th  section,  would  be  obvi- 
ated without  any  sacrifice  of  principle  by  those  who  urged 
them;  and  that  after  thus  disposing  of  the  question  so  far 
as  relates  to  Oregon,  the  territories  of  California  and  New  Mexico 
could  be  organized  in  the  same  bill  by  the  appointment  of  a  gov- 
ernor.  Senator,  and  judges  to  compose,  according  to  the  old  prece- 
dents, a  temporary  legislature  for  each  of  these  territories,  but 
without  the  power  to  legislate  lui  the  subject  of  slavery,  thus  pla- 
cing that  question  beyond  the  power  of  the  territorial  legislature, 
andr  csiiug  the  right  to  introduce  or  prohibit  slavery  in  these  two 
territories  on  the  consliluiion,  as  the  same  should  be  expounded 
by  the  judges,  with  a  right  of  appeal  to  the  Supreme  Court  of  the 
United  States.  It  was  thought  Ihat  by  this  means  Congress  would 
avoid  the  decision  of  this  distracting  question,  leaving  it  to  be  set- 
tled by  Ihe  silent  operation  of  the  conslitutioii  itself,  and  that  in  case 
Congress  should  refuse  to  touch  the  subject,  the  country  would  be 
slaveholding  only  where,  by  the  laws  of  nature,  slave  labor  was  ef- 
fective and  (rce  labor  could  not  luaiutaiu  ilsclf.  On  the  other  haiKl, 
incase  Congress  should  hereafter  choose  to  adopt  the  compromise 
liue  of  36"  30',  (north  of  which  I  suppose  it  is  not  expected  that 
slavelabor  can  be  introduced,)  or  any  other  rule  of  settlement,  it 
will    be  free  to  act  as  to  its  wisdom  and  patriotism  shall  seem  fit. 

After  many  conflicts  of  opinion,  these  views  thus  generally  ex- 
pressed, were  substantiallv  agreed  upon  vi-ilh  great  unanimity, 
all  the  members  of  the  committee  agreeing  to  make  the  report, 
and  but  two  of  them  (one  from  the  North  and  the  other  from  the 
South,)  disapproving  any  of  the  material  features  its  they  un- 
derstand it.  liy  order  of  the  committee,!  have  prepared  a  bill 
in  accordance  with  these  views  It  contains  some  important 
amendments  to  the  Oregon  bill,  particularly  so  far  us  it  corrects 
tho  defective  description  of  the  boundaries  in  ihat  bill. 

I  do  not  expect,  sir,  that  this  or  any  other  priqiosition  which  tho 
wit  of  man  can  possibly  suggest  will  juovent  ugitution  ou  this  sub- 


July  18.] 


THE  COMPROMISE  BILL: 


897 


jeot.  which  is  now  daily  spreading  through  the  country,  and  I  fear 
dividing  il  into  geographical  parties.  If  tho  IVIissouri  compro- 
mise of  36°  30'  should  be  adopted,  the  agitators  would  immediately 
raise  the  standard  of  repeal  and  agitate  as  fiercely  as  over.  Wo 
know  that,  sir.  They  will  agitate  after  the  passage  of  any  bill. 
But  this  bill  resolves  the  whole  question  between  the  NnrtU  and 
South  mto  a  constitutional  and  a  judicial  question.  It  only  asks 
of  men  of  all  sections  to  stand  by  the  constitution  and  sufl'cr  that 
to  settle  the  difference  by  its  own  tranquil  operation.  If  the 
constitution  settles  the  question  either  way,  let  those  wlio  rail  at 
the  decision  vent  their  indignation  against  their  ancestors  who 
adopted  it.  We  offered  no  bill  to  introduce  slavery  by  congres- 
sional enactment  into  any  free  territory.  If,  as  the  Soutli  con- 
tends, the  constitution  gives  the  right  to  carry  their  slaves  there, 
they  will  mamtain  that  right.  If,  as  the  North  contends,  the  con- 
stitution confers  no  such  right,  they  will  vindicate  their  claim. 
And  Oregon  will  be  at  once  organized  as  a  territory,  with  power 
to  elect  their  own  legislature — a  power  which  the  committee 
think  cannot  now,  with  any  propriety,  be  conferred  upon  the 
population  of  the  two  other  territories. 

30th  Cong. — 1st  Session— No.  113. 


I  now,  sir,  have  tho  honor  to  report,  as  an  amendment 
and  a  substitute  for  the  bill  referred  to  the  select  com- 
mittee, "  A  bill  to  establish  the  territorial  governments  of 
Oregon,  California,  and  New  Mexico."  The  committee, 
with  all  becoming  modesty,  dasire  to  say  that  they  do  not 
view  their  work  as  perfect;  but  it  is  the  very  best  which  under 
all  theembarrassing  circumstances  of  their  position  they  have  been 
able  to  propose.  To  tho  Senate  they  appeal  for  assistance  to 
correct  any  errors  into  which  thoy  may  have  inadvertently  fallen. 
But  it  is  the  honest  opinion  of  a  largo  majoriiy  of  the  commit- 
tee, that  by  tho  passag  of  this  bill  the  safety  of  the  Union  will  be 
placed  beyond  the  reach  of  agitation;  and  that  the  qucs'ion,  and 
the  only  question  which  now  threatens  to  endanger  it  may  be,  not 
immediately,  but  ultimately,  put  at  rest  forever. 

The  bill  was  then  read  a  first  time  and  unanimously  ordered  to 
be  printed. 

On  motion. 

The  Senate  adjourned. 


898 


REtiOLUTIONS— REPORTS. 


[We^esday, 


WEDNESDAY,  JULY  19,  1848. 


Mr.  DICKINSON  presented  the  memorial  of  JV- B- Johnson, 

praying  that  there  may  be  no  interruption  of  the  mails  on  the  Sab- 
bath ;  whieh  was  referred  to  the  Committee  on  the  Post  OITiee 
and  Post  Roads  and  ordered  to  be  printed. 

THE   COMPROMISE  BILL. 

Mr.  CLAYTON. — There  may  possibly  be  some  misapprehen- 
sion in  regard  to  a  portion  of  the  remarks  made  by  me  yesterday, 
in  introducing  the  bill  for  the  organization  of  territorial  govern- 
ments in  Oregon,  New  Mexico,  and  California,  and  I  desire  to 
correct  it,  if  any  such  exist.  The  select  committee  desired,  and 
in  that  desire  I  fully  concur,  that  the  bill  should  speak  for  itself, 
and  that  it  should  be  regarded  as  the  exponent  of  their  views  and 
opinions.  It  was  not  my  purpose  to  submit  the  remarks  which  I 
made  yesterday  in  lieu  of  a  report,  nor  were  they  to  be  regarded 
as  tantamount  to  a  report.  The  bill,  I  repeat,  is  to  speak  for  it- 
self. It  fully  reveals  the  sentiments  of  the  committee,  and  for  that 
very  reason  a  formal  report  was  deemed  unnecessary.  I  do  not 
know  that  it  is  now  necessary  for  me  to  say  any  thing  more  than 
to  add  that  a  large  majority  of  the  eoramittec  decidedly  expressed 
the  wibh  that  this  measure  might  become  a  law,  with  the  expec- 
tation and  design  of  that  it  would  prove  to  be  an  adjustment  of 
the  great  question  now  in  controversy  between  the  North  and  the 
South.  I  shall,  if  there  be  no  objection,  call  up  that  bill  to-mor- 
row, and  then  every  member  of  the  committee  will  have  an  op- 
portunity of  expressing  his  views  upon  the  subject — an  opportuni- 
ty of  whieh  I  design  to  avail  myself. 

Mr.  CALHOUN. — I  am  exceedingly  gratified  by  the  explana- 
tion of  the  Senator  from  Delaware.  Had  it  not  been  made,  it 
might  have  beeu  supposed  in  some  quarters  that  the  whole  com- 
mittee had  concurred  in  all  the  particular  views  which  he  for  him- 
self had  expressed.  I  agree  with  hiin  in  testifying  that  it  was  the 
unanimous  understanding  of  the  committee  that  the  bill  should 
speak  lor  itself;  and  I  may  add,  that  it  was  also  understood 
that  this  was  to  be  a  permanent  and  not  a  temporary  settlement 
of  the  whole  question. 

Mr.  KING  inquired  whether  the  remarks  of  the  honorable  Sen- 
ator from  Delaware  had  been  regarded  in  the  light  of  a  report 
from  the  committee,  and  were  so  recorded  on  the  Journal  of  the 
Secretary  ? 

The  PRESIDING  OFFICER  replied  in  the  negative. 

Mr.  PHELPS. — I  relrained  yesterday  from  making  any  remarks 
in  rclcMcnce  to  what  fell  from  the  honorable  chairman  of  the  select 
committee,  because  I  understood  it  was  not  be  regarded  as  a  re- 
port, for  which,  in  all  its  particulars,  the  committee  was  respon- 
sible. 

Mr.  CLAYTON,  (in  his  seat.) — Of  course  not. 

Mr.  PHELPS. — I  am  willing  to  say,  however,  that  I  concurred 
in  the  action  of  the  eonimittee.  In  my  judgment,  the  only  mode 
for  the  adjustment  of  this  question  has  been  adopted,  and  I  think 
I  can  sustain  that  opiniiju  before  the  country  and  my  consiitu- 
ents,  Ity  reasons  wliich  I  shall  tr.ke  the  opportunity  of  staling  here- 
after. 

Mr.  CLA  VTON. — 1  never  spoke  for  any  man  in  my  life,  except 
at  the  bar  in  my  professional  character  ;  never  in  any  public  body 
have  I  attempted  to  speak  for  any  one  but  myself ;  and  I  sup|iose 
all  understood  that  my  remarks  yesterday  were  intended  as 
my  speech,  and  that  no  man  would  claim  it  as  his.  I  insist  up- 
on it,  sir,  that  it  was  my  speech  ! 

EMOBV'S    REPORT. 

Mr.  HANNEGAN  submitted  the  following  resolution  for  con- 
sideration. 


Jirsolvcd,  Tiiat  eight  tliousnml   .iildilioiial  copies  of  Kiiiory's 
tions,  he  iirintcil  ami  Ijouiid  fo!  the  use  of  the  Senate. 


epoit  aud  illiistra- 


Mr.  HANNEGAN  in  presenting  this  said,  that  a  large  number 
of  Colonel  Fremont's  report  had  been  printed,  and  he  thought  it 
would  be  well  not  to  make  any  invidious  distinc'lion  between  these 
oflieers. 

Mr.  BENTON  said  that,  the  gcntleintin  could  have  an  hundred 
thousand  i.^iqiies  il  ho  pleased  ;  lint  if  he  printed  one  hundred  thou- 
sand millions,  it  only  amounieil  to  this,  that  Emory  went  along  an 
old  path  conducted  by  one  of  Fremont's  guides  to  show  him  every 
step  of  the  way.     Fremont  was  an  explorer. 

Mr.  HANNEGAN  remarked  that  there  was  no  conlliet  what- 
ever between  the  two  reports.  Col.  Emory  had  not  trespassed  in 
a  single  instance  on  CipI.  Fremont's  rights.  The  expeditions  were 
entirely  independent  and  distinct  liioth  reports  were  exceedin"- 
ly  valuable.     The  work  of  Col.  Fremont  met  with  unbounded  po- 


pularity, and   he   was   satisfied   after  a   thorough  examination  of' 
Col.  Emory's  report,  that  it  would  meet  with  equal  favor.  ' '■ 

Mr.  BENTON. — The  only  difference  between  the  two  is,  that 
Fremont  was  an  explorer. 

PAJJ»ER..S  ^JS|H<JIJ^,  , 

Mr.  DAYTON  snhmittetl  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to  :  ,...,■ 

Rc^ntrrd,  That  there  be  jjrinled  two  hundred  ami  fifty  additional  copies  of  Senate 
document  No.  '-<0.  prepared  hy  Aaron  U.  Paljner,  Esq. -and  that  the  fame  be  delivered 
to  tlie  .-aid  Palmer  for  his  own  use.' 

TERRITORY    OF    WISCONSIN. 

Mr.  WALKER  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  : 

jRrsolvrtl,  That  the  Committee  on  the  Judiciary  be  instructed  to  ini)Uire  whether 
the  law.s  tor  Ilic  or::anization  of  the  territory  of  Wisconsin  are  or  are  notsti!)  in  exist- 
ence and  tbree  over  that  portion  of  the  said  territory  not  embraced  witiiin  the  organic 
jiuiitsofthe  State  of  Wisconsin  ;  and  if  I  iiey  are,  to  inquire,  fnrther,  into  the  expe- 
diency of  making  appropriations  at  the  present  session  of  Congress  for  defraying  the 
expenses  of  said  territory  of  Wisconsin,  and  to  report  to  the  Senate  at  as  early  a  day 
as  practicable,  by  bill  or  otherwise. 

ADVERSE    REPORTS. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  was  referred  the  memorial  of  Mehilable  Gibb,  sub- 
mitted an  adverse  report,  whieh  was  ordered  to  be  printed. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  was  referred  the  petition  of  Mary  Coleman,  sub- 
milted  an  adverse  report,  which  was  ordered  to  be  primed. 

SAULT    ST.    MARIE. 

Mr.  FELCH,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  petition  of  cerlain  citizens  of  Michigan,  submit- 
ted a  report,  accompanied  by  a  bill  providing  for  the  examination 
and  settlement  of  claims  for  land  at  the  Sault  St.  Mario  in  Mich- 
igan. 

Ordered,  That  the  report  be  printed. 

J.    C.    FREMONT. 

The  Senate  proceeded  to  consider  the  resolution  submitted  yes- 
terday by  Mr.  DAVIS,  of  Mississippi,  for  the  compensating  of  J. 
C.  Fremont  for  compiling  a  map  of  Oregon  and  California,  and 
the  resolution  was  agreed  to. 


NAVAL    PENSIONS. 


The  Senate  proceeded  to  eonsider  the  amendments  of  the  House 
of  Rcpresenlativcs  to  the  bill  renewing  cerlain  naval  pensions  for 
the  term  of  five  years,  and  extending  the  benefits  of  existing  laws 
respecting  naval  pensions,  to  engineers,  firemen,  and  coal  heavers; 
and  it  was 


Ordered,  That  they  be  ref< 
fairs. 


red  to  the  Committee  on  Naval  Af- 


FORT     WINNEBAGO. 

Agreeably  to  notice,  Mr.  WALKER  asked  and  obtained  leave 
to  bring  in  a  bill  to  grant  to  the  State  of  Wisconsin,  the  military 
reservation  at  Fori  Winnebago,  in  said  Slate:  which  was  read  the 
first  and  secoiul  times,  by  unanimous  consent,  and  referred  to  the 
Committee  on  Military  Affairs. 

FLOGGING    IN    THE    NAVY. 

Mr.  HALE  submitted  the  following  resolution  for  considera- 
tion : 

licsolvcft.  That  the  Secret.-liy  of  the  Navy  be  directed  to  fnrnisli  Hie  Senate  with 
the  oHicial  returns  of  each  of  the  sliips  of  the  hue,  the  frigates  anil  the  sloops  of  w,i-. 
now  in  commission,  of  the  pnnishment  inllictcil  each  of  said  vessels,  as  appears  by  the 
retnrns  of  eacll. 

Doniphan's  expedition. 

The  joint  rcsnlntion  relinquishing  to  the  Stale  of  Missouri  cer- 
lain trophies  of  Uouiplian's  \ietorioiis  expedition,  was  read  the 
lirsl  and  secoiul  tiiiies  liy  unaniiiious  eonsenl,  ane  considered  as  in 
Wouiniitiee  of  ihe  Whole;  and  no  amendment  being  made,  it  was 
reported  to  the  Senate. 

Mr.  BENTON  said  that  ho  would  merely  remark,  that  those 
were  the  cannon  among  the  niiiiihcr  taken  from  the  former  capi- 
tal of  ihc  internal  provinces  of  Mexico,  and  brought  out  by  the 
gallant  column  ol  Mis.sourians,  led  by  Colonel  Doniphan. — 
Every  cannon  was  taken,  the  position  in  whieh  they  were  plaectl 
being  turned.  .'Vll  the  munitions  of  war,  anil  every  thing  that  the 
enemy  had  upon  the    field   of  battle   were   taken,   except  a  small 


Juiv  19.] 


NAVAL  APPROPRIATION  UlliJi; 


899 


quantity  of  ammunition  which  an  officer's  servant  hid  somewhere 
in  a  gorse  of  the  mountain.  The  cannon  were  carried  around  to 
the  Rio  Grande  frontier,  after  Colonel  Boniphan  had  heard  of  the 
battle  of  Buena  Vista,  which,  coming  to  the  Missourians  through 
Mexican  intelligence,  was  of  course  reported  as  a  great  victory  on 
tli«ir  part.  Our  Missourians,  like  good  Americans,  refused  to  he- 
lieve  a  word  of  the  defeat  of  General  Taylor,  but  like  good  sol- 
diers, tliey  thought  it  best  to  go  and  see.  They  immediately 
started  off  with  these  ten  cannon,  in  addition  to  all  their  own,  and 
made  that  marvellous  expedition  through  an  almost  unknown 
country,  to  General  Taylor's  camp.  When  they  arrived  there,  as 
their  Colonel  very  properly  said,  "  rougli,  ready,  and  ragged," 
with  scarcely  nothing  but  their  arms  brought  from  home,  and 
those  taken  from  the  enemy.  General  Taylor  directed  them  to 
carry  these  cannon  home.  They  brought  them  home,  and  we  had 
the  proud  satisfaction  of  seeing  those  cannon,  which  had  been  rolled 
out  of  Chihauhua,  placed  in  tho  capital  of  Missouri.  The  House 
of  Representatives  had  unanimously  passed  this  resolution  yester- 
day, and  he  hoped  the  Sejiale  would  pass  it  with  equal  unanimity. 

Mr.  HANNEGAN  said  he  did  not  k-now  a  more  appropriate 
occasion  than  the  present  to  inquire  into  the  fate  of  a  certain  reso- 
lution submitted  bv  him  some  three  months  since  in  relation  to  a 
medal  to  Col.  D.  and  swords  to  the  gallant  officers  who  had  par- 
ticipated with  hiin  in  his  glorious  achievements.    .    ■,.,::  •,.:•. 

Mr.  BENTON  replied  that  the  r^Sbltition'waS'iii  hishands.'  . 

Mr.  HANNEGAN.— ft  has  bee'n'kept  there,  a  long' time. 

Ordered,  That  it  pass  to  a  third  reading.   ,.,,_  .^.,  .,  .^ 

.,;^3:ii3,'sai'^,jresqlutii«>.p^ 

.sent.  ,,..,,  ,.,.■;., 7.-.  •.■i;.  .  ■,■;  liiv,'  L  .liii!:  :-''■■  iii!.  i  <>  (-.  /.".i-iui^y 
■'  Reeoliyed^  That  this  rssolotion  pass.  '     '  i.''i;:i  -iiv  '  iii  ^i^mIj 

;  Ordered,  Tha.^.  the ; Secretary  ttotiiy  the  Sbuie'bfR^pteyeA'fa- 
•ir^esaiiqoirdingJir-:;^^'^;;;;;^-;^^^  ^   £alin-.:' 

NAVAL    APPROPRIATION    BILI., 

The  Senate  resumed  as  in  Committee  ef  the  Whole,  the  consid- 
eration of  the  bill  making  appropriationa  foithenavaliervieoior 

the  year  ending  the  30th  June  1S49.      .'i'.j  j^:.::(   fu   j.'luJv/  'lu  ,Ta:.u: 

■  Mr.  NILES  moved  to  amend  ;the  bill'^-y'.kriiliii^i'at  1^^^^ 
105,  the   following  words  :  ;  '     ;',;',  .^',',';vf''i,[',^;'",V;.''i'f  irrli    ■■'riMrmd..'., 
"And  llie  Secretary  of  the  Navy  is  hereby  diiectoj  to  advance  I"  llie  eontractots  for 

said  service,  or  their  assignees  tor  tile  purpose  of  enaldiii^'  lli li,  liiiivli  tlie  sham  ^aips 

cnnlrailed  for  under  their  respe.live  contracts,  the  sum  of  %■-'."■, lull)  pei  nionlli  oti  each 
ol'said  ships,  after  ^nch  ships  «liall  Piave  been  eunlraeted.  l>ut  the  money  «o  !iil\'anced 
under  any  oiie  of  said  conIr.acts,  sliall  not  exceed  I  he  amonntof  one  year's  oompenia 
Hon  supnlaled  for  in  tlie  contraci,  to  be  secnrcJ,  in  all  cases,  by  a  lien  on  said  .vbipv  in 
siuli  manner  as  the  Secrclarv  of  the  Navy  may  rerjuire,  and  ib'e  money  so  advanced 
Mialt  liefaitlifull}'  e-ipcndej'in  finisliing  said  sliips  to  tlio  sMisftetion  <tf  the  Secrcliory 
oftlie  N,ivy."  ■•■'■- ■       '"■■'■'    "■'■■•    '■■ 

Mr,  NILES  said  that  he  thought  this  a  very  extraordinary  pro- 
position, and  he  had  been  very  much  surprised  that  it  had  received 
tho  sanction  of  tho  committee  of  the  other  House  with  the  concur- 
rence of  that  House.  It  introduced  a  principle  never  before  acted 
upon  in  rny  case  whatever.  If  they  ever  sanctioned  this  principle, 
that  a  contractor  could  come  forward  and  ask  tho  Government  to 
furnish  him  capital  to  carry  out  his  contract,  there  would  be  no 
end  to  it ;  and  it  would  be  a  source  of  "infinite  trouble  and  diflicul- 
ty.  Already  the  effect  of  this  proposition,  ha\'ing  rcr-oivcd  the 
sanction  of  one  branch  of  Congrtss,  had  been  to  induce  a  similar 
eflbrt  on  the  part  of  another  of  these  lines.  '_ 

The  parties  interested  in  the  Brertien  line  were  now  Ttresiing 
their  claims,  and  if  the  principle  were  applied  in  the  one  case, 
Congress  -would  be  obliged  to  extend  it  to  others.  He  did  not  be- 
lieve'that  any  argument  -was  necessary  in  order  to  show  that  this 
itteasorc  was  dangerous  on  the  part  of  the  government,  and  unjust 
towards  other  contractors,  could  any  one  believe  that  these  con- 
tracts would  not  have  been  taken  at  a  very  reduced  price,  if  the 
understanding  had  been  that  the  government  would  give  the  capi- 
tal to  convev  them  out  to  taking  a  lien  upon  the  shi|TS  or  any  other 
secTiviry  ?  What  reason  couldbe  assigned  for  this  extraordinary 
proptisition  ?  Was  it  believed  that  these  were  hard  contracts— 
that  these  men  had  underrated  the  expense  and  found  themselves  in 
difficulty  by  entering  into  these  engagements  ?  He  believed  that 
,ybjit«  uiuv?  ouici    ill.  '  u.iJ    \\ju. 

-dr,  >.r'if  -//.f;;  i.ii;  .-lir^  >■!  '-»t[io-i 


two  of  these  contracts  had  been  sold  out  as  a  speculation.  In- 
deed they  were  taken  as  a  speculation  as  he  was  informed,  the 
men  who  became  contractors  were  totally  unacquainted  with  sieam 
navigation,  and  probably  never  expected  to  carry  out  the  contracts 
themselves,  but  entered  into  them  with  a  view  to  speculate  out  of 
the  government.  They  had  sold  out  their  contracts  and  the  men 
who  asked  this  advance  were  their  assignees — speculators,  who 
had  given,  ho  believed,  some  fifty  thousand  dollars  for  the  contraci. 
It  %va»  true  ^ftt  he  had  concurred  in  the  law  authorizing  these 
contracts.  It  came  from  the  House  at  the  very  close  of  the  last 
session — two  hours  before  the  adjournment,  when  there  was  no 
opportunity  of  examining  it.  In  his  judgment  it  was  a  very  unfa- 
vorable law  for  the  government.  It  exeludeJ  competition  in  re- 
gard to  two  of  the  lines.  It  gave  an  express  aolhority  to  the  Se- 
cretary of  tho  Na^T  to  contract  with  two  of  the  persons  named  in 
the  bill  at  the  prices  which  ihoy  had  previously  asked  ,  thus  with- 
holding the  whole  subject  from  competition,  and  taking  all  discre- 
tion from  the  Secretary.  He  then  went  on  to  express  his  appre- 
hension that  in  relation  to  one  of  tho  contracts  there  had  been  col- 
lison  Ijetween  the  bidders,  although  he  was  satisfied  tJiat  the  ^ 
cretary  of  the  Navy  had  done  what  he  considered  best  in  the  uir- 
cnmstances.  He  objected  to  the  conti.iuance  of  the  contiacts  for 
so  long  a  period  as  ten  years.  Tho  expenditure  was  alreaily  very 
large,  and  the  income  would  probably  always  bo  very  small.  It 
was  imprudent  to  incur  the  heavy  expenditure  of  a  million  and  a 
half  annually  for  ten  years.  He  never  could  consent  to  that  Five 
years  was  long  enough  IJur  the  contract  to  run — one  year  longer 
than  the ordiii£i,ry  |nail,<!Qntr£(Ct^.  ._||,    j, 

Mr,  HALE  replied' in  support  orthopropobitiou  which  the  Sen- 
ator frcjm  Connectiout  di!sired  to  strike  out  of  the  bill.  He  con- 
ceived that  it  was  peculiarly  entitled  to  favorable  consideration. 
He  could  not  conceive  ho-a-  it  was  possible  for  any  detriment  to 
the  public  interests  to  arise  in  consequence  of  giving  a  month's 
pay  in  advance.  It  could  not  be  unjust  towards  any  other  con- 
tractors. If  they  desired  the  same  indulgence,  let  it  be  given  them. 
What  possible  advantage  was  there  in  retaining  tliis  small  amount 
for  thiity  doU.irs  in  the  public  Treasury  ?  It  seemed  to  him  that 
the  policy  heretofore  pursued,  which  was  intendml  to  cnconrago 
such  an  enterprise,  should  be  continued  in  the  present  case. 

On  motion  by  Mr.  DAVIS,  of  Mississippi,  it  was 
"\^  ^  Ordefed,  That,  the  furtber  cdnsKleratibn  thereof '6fe'  jpo^tpolicd 
j(^tl^- tp-triorrow, '     ,.  ,,^,"p;   ,'.;.,,.":,/.'::.■■.■  ■•■, 

ME8S,A9BTitbM'tHE  Htftr^'S, 

A  message  from  the  Hpuso  of  Repr.esentatiye.s,  by  Mr.  Camp- 
bell, their  Clerk  :    ■    '■'■-''".'"'■-'''''•:■' ■"■'",*. 

Mr.  Vresident :  The  Honse  of  Representatives  have  passed  the  hill  from  ihe  Sen 
ate  to  confirm  the  location  and  to  grant  a  quarter  section  of  public  lands  for  the  coun- 
ty site  of  Udlsburougb  county.  State  of  Florida,     .  ,  .  ^ ,   ^   ■ ,    .        -      '    , 

They  have  passed  a  bill  to  estahlisli  certairi  post  routes,  in  w^jelf:|hV,'JFeqiiesV,l)i« 
concurrence  of  the  Senate. 

The  Speaker  of  the  Honse  of  Representatives  having  signed  two  enrolled  bills,  1 
am  directed  to  bring  tJiem  to  the  Senate  for  the  s^gnatute  ol  .Uieir^L'r^dent, 

,-■  j!-./.  :.'ilj;  J-.jilutil  hliVl  it.- 
SIGNING   OF  BILLS.  ' 

Tho  VICE  PRESIDENT  signed  the  enrolled  bill  amending 
the  act  eniitli;d  "Ati  act  grahtiiig  half-pay  to  widows  and  oi-phaQs 
where  their  husbands  and  lathers  have  died  of  wounds  received' Tn 
the  military  service  of  the  Unitcil  Sttites,"  in  cases  of  deceased  of- 
ficers and  soldiers  of  tlic  militia  and  volunteers,  passed  July  4, 
ISSfi  ;  an  I  the  enrolled  bill  to  amend  the  act  entitled  "Ah  act 
supplemcnttil  to  an  act  entitled  'Ah  art  providing  for  the  prtisccil- 
tion  of  the  existing  'war  between  the  United  Sttttcs  and  the  repub- 
lic of  Mexico,"  and  for  other  purposes  ;  and  they  were  delivered 
to  the  committee  to  be  presented  to   the  President  of  the  Unind 

States.,.,;  ,l,  ;.!uv,   at  ■;.)  liOilnur.o'l'.i  liij  i.,l    ,;,-.it.;,  ..I; 
EXECnXIVE   SESSION. 

After  the  consideration  of  Executive  business — 

On  motion, 

The  Senate  adjourned. 


Ziavji  oiit  ^d  cb  • 


900 


NAVAL  APPROPRIATION  BILL. 


[Thursday, 


THURSDAY,  JULY  20,  1848. 


PETITIONS. 


Mr.  BADGER  presented  three  petitions  o(  citizens  of  North 
Carolina,  praying  the  establishment  of  a  mail  route  from  Lexing- 
ton to  Ashborougii  in  that  State;  which  were  referred  to  the  Com- 
inittee  on  the  Post  Office  and  Post  Roads. 

CHANGE    OF    RULES. 

■■  Mr.  UNDERWOOD  submitted  the  following  resolution  for  con- 
sideration : 

Resolved,  That  Ihe  foiJovviiig  sliali  be  an  niJilitional  rule  for  tJie  government  oftlio 
PenatP.  to  wit  : 

After  SIX  day*  from  tlie  coininenceinent  of  a  second  or  siibse(|Uent  session  of  any 
Congress,  all  bills,  resolntions,  auJ  reports  wliieli  originated  in  tlie  Senate,  ami  at  the 
olose  ol'tbe  next  preceding  session  remained  nndeterniined,  shall  he  resumed  and  acted 
on  in  the  same  manner  as  it  an  adjournment  had  not  taken  place. 

PRIVATE    BILL. 

Mr.  BORLAND,  from  the  Committee  on  Public  Lands,  to 
u-hom  was  referred  the  petition  of  Elias  N.  Conway,  assignee  of 
"William  Barnett,  reported  a  bill  for  their  relief;  which  was  read 
and  passed  to  a  second  reading. 

RECIPROCITY    WITH    CAN.^E.^. 

Mr.  DIX,  from  the  Cominittee  on  Commerce,  to  whom  was  re- 
ferred the  bill  to  admit  certain  articles  of  the  arowih  or  production 
of  Canada  into  the  United  States  free  of  duty,  upon  the  condition 
that  the  like  articles  of  the  growth  or  piodtiction  of  the  United 
States  are  admitted  into  Canada  free  of  duty,  reported  the  same 
witb  amendment. 

BOUNTY    LANDS. 

Mr.  BORLAND,  from  the  Committee  on  Public  Lands,  to 
whom  was  referred  the  amendment  of  the  House  of  Representa- 
tives to  the  bill  to  revive  an  act  authorizing  certain  soldiers  in  the 
late  war  with  Great  Britain  to  surremier  the  bounty  lands  drawn 
by  them,  and  to  locale  others  in  lien  thereof,  reported  thereon. 

The  Senate  proceeded  to  consider  the  amendment  of  the  House 
of  Representatives  to  the  bill  last  mentioned;  and 

Resoled,  That  they  concur  therein. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives aocordingly. 

POST    ROUTE    BILL. 

The  bill  from  the  House  of  Representatives  to  establish  certain 
post  routes  was  read  the  first  and  second  times  by  unanimous  con- 
sent. 

Ordered,  That  it  be  referred  to  the  Committee  on  the  Post  Of- 
fice and  Post  Roads. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  Prcsiilent;  The  House  of  Representatives  liave  passed  the  tollowin<^  bills  ami 
joint  resolutions  from  the  Senate. 

An  act  for  the  relief  of  Alfred  White. 

An  act  for  the  relief  of  the  Society  for  the  reformation  of  Juvenile  ilelimiuenls  in 
tlie  eity  of  New  York. 

All  act  for  the  relief  of  the  Central  Railroad  Company  of  Georgia. 

A  resolution  to  sanction  an  agreement  made  between  the  VVyandotts  and  Dela- 
wares,  for  the  i>urcliase  of  certain  hinds  by  the  former  of  the  latter  tribe  of  Indians. 

They  have  passed  the  bill  from  the  Senate,  to  authorize  the  sale  of  )iarl  of  public 
reservation  numbered  thirteen,  in  the  city  of  Washington,  tuid  for  other  purpose^, 
with  an  amendment,  in  wliich  lliey  reijuest  the  concurrence  of  the  Senate.' 

The  House  oi"  Representatives  have  passed  bills  of  the  following  titles  : 

An  act  to  grant  land  to  the  inhabilants  of  townships  eighteen,  north  of  range  one 
rand  two,  west  of  the  fourth  principal  meridian  of  the  Slate  of  Illinois,  for  school  pur 
jioses. 

An  act  to  grant  other  land  in  lien  of  llie  ir.lli  seclioii,  to  Ihc  school  c iii^sionevs  tit 

■township  two  north  laiige  nine,  west  of  thel'oiMlh  princiji.il  lueriilian  in  the  county 
.of  Adams,  in  the  .Stale  of  Illinois. 

An  act  to  grant  unto  the  Trustees  of  tow  iislitp  thirty-eight ,  iiorlli  of  range  live  cast, 
,111  the  county  of  Rlkhart  ami  Stale  of  Indiana,  so  much  public  land  as  may  with  the 
Jiaciional  sixteenth  section  therein  make  up  an  entire  section. 

An  aclto  grant  the  right  of  way  through  the  public  lauds  in  the  Stateof  Alabama, 
to  the  general  railroad  company  in  said  State,  in  which  they  leijiiest  the  concurrence 
of  lUe  Senate, 

The  President  of  the  United  States  approved  and  signed  the  tVtli  instant,  an  act  to 
amend  an  act  approved  the  ^;4th  May,  1B24.  entitled  "■an  act  8up|ilomenlary  ro  an  act 
approved  on  the  :t(l  day  of  March  IHIO,  ent'tled  an  act  providing  for  the  correction  of 
i;rron  ill  making  entries  of  laud,  at  the  laud  ollices." 

MESSAGE    FROM   THE    PRESIDENT. 

The  following  message  was  received  from  the  President  of  tlie 
United  States  by  Mr.  Walker,  his  Secretary  : 


Mr.  President  ;  The  President  of  the  TTnited  States  approved  and  signed,  this  day, 
the  bill  entitled  "an  act  for  the  relief  of  Jose  Argole  Villalobos,  Maria  Rose,  Fran- 
coss  Felix,  Manjuis  de  Fougeres,  or  their  legal  representatives. 

SIGNING   OF    BILLS,   ETC, 

The  VICE  PRESIDENT  signed  the  enrolled  "Bill  to  confirm 
the  location  and  to  grant  a  quarter  section  of  public  lands  for  the 
county  site  of  Hillsborough  county,  of  Florida:"  also  the  "Resolu- 
tion extending  the  time  for  the  erection  of  certain  light-houses;" 
and  they  were  delivered  to  the  committee  to  be  presented  to  the 
President  of  the  United  States. 

NAVAL    APPROPRIATION    BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  .con- 
sideration of  the  bill  making  appropriations  for  the  naval  service 
for  the  year  ending  the  :iOth  June,  1849. 

The  question  being  on  the  amendment  of  Mr.  Niles — 

Mr.  NILES. — With  regard  to  making  payment  in  advance  in- 
stead of  paying  when  the  money  becomes  due,  I  have  a  decided 
objection  to  it.  I  am  told  that  it  will  require  twelve,  and  some- 
times fifteen,  months  for  the  completion  of  one  of  these  ships,  and 
suppose  the  ship  be  lost  or  burnt,  what  security  have  we  for  the 
repayment  of  the  money  ?  It  is  going  beyond  the  contract,  and 
giving  to  the  contractors  a  loan  which  they  have  no  right  to  ex- 
pect at  our  hands. 

Mr.  ATHERTON.— The  amendment  proposed  by  the  Senator 
from  Connecticut,  which  is  now  before  the  Senate,  and  the  amend- 
ment of  which  he  has  given  notice,  seem  to  involve  three  points. 
In  the  first  place  he  objects  to  the  advance  which  the  Secretary  of 
the  Navy  is  authorized  by  the  bill  to  make  to  these  contractors,  to 
commence  immediately  after  the  ships  shall  have  been  launched, 
which  advance  is  to  be  secured,  so  that  the  government  shall  run 
no  risk  of  being  a.  loser  by  such  advance,  by  a  lien  upon  the  ships. 
The  Senator  next  objects  to  the  duration  of  these  contracts,  and 
proposes  to  reduce  the  time  for  wliich  they  shall  continue  from  ten 
to  five  years.  His  next  objection  is  to  the  time  of  the  commence- 
ment of  pay  upon  the  Panama  and  Astoria  route,  the  bill  provid- 
ing that  the  ]iay  shall  commence  upon  the  contract  for  that  route 
from  the  time  that  the  ships  tire  placed  at  the  disposal  of  the  go- 
vernment. From  the  tenor  of  the  remarks  made  by  the  Senator, 
I  infer  that  he  objects  to  this  scheme  of  mail  steamers  in  general 
as  a  system.  I  do  not  know  whether  I  understood  the  Senator 
correctly,  but  I  was  under  the  impression  that  on  former  occasions 
the  Senator  from  Connecticut  was  favorable  to  this  mode  of  in- 
creasing the  available  force  of  the  navy  of  the  United  States  ;  but, 
sir,  it  seems  to  me  that  the  questions  that  come  up  in  this  discus- 
sion of  the  liill  do  not  involve  the  continuance  of  the  system.  So 
far  as  regards  the  present  contracts,  those  contracts  are  made. — 
We  may  consider  it  imprudent  hereafter  to  embark  in  other  con- 
tracts of  this  sort,  but  any  remarks  that  go  to  show  the  impru- 
dence and  improvidence  of  the  system,  it  seems  to  me,  do  not 
touch  the  question  that  is  now  before  us.  If  this  scheme  of  em- 
ploying steamers  to  transport  the  mail,  and  having  them  built  in 
such  a  manner  that  they  can  be  converted  into  vessels  of  war,  bo 
iiuprovideiU,  we  ought  to  take  the  blame  on  ourselves  and  not  find 
fault  with  the  Navy  Department,  which  has  done  nothing  more 
than  to  execute  the  contracts  according  to  the  terms  in  which  they 
were  directed  by  Congress  to  be  executed.  That  is  the  state  ol 
the  case.  The  Senator  says  that  the  granting  of  these  contracts 
does  injustice  to  other  contractors,  who,  if  they  had  supposed  thai 
advances  would  be  made  by  the  government,  would  have  taken 
the  contracts  at  a  lower  rate.  How  does  this  comport  with  the 
circumstances  under  whicli  the  conlraets  with  Sloo  were  made, 
and  the  contract  for  the  route  to  Chagres  ?  Sir,  ihe  law  was  ab- 
solute in  Its  terms — the  Secretary  had  no  discretion;  he  was  direc- 
ted to  contract  with  cerl«in  persons  upon  corlain  terms  prescribed 
by  Congress,  and  Congress  also  prescribed  tlie  time  the  contracts 
were  to  run,  And  what  right  have  we,  after  wo  have  directed 
the  Secretary  to  make  a  contract  with  an  individual,  and  he  has 
made  that  contract  according  to  our  direction,  what  right  have  we,  I 
say,  til  annul,  or  even  to  alter  it  ?  We  have  none.  We  have  placed  it 
out  of  our  power.  And  shall  we  find  fault  with  the  department, 
because  we  consider  the  contract  now  to  ho  improvident,  although 
I  do  not  think  it  is  so  ?  That  would  he  a  strange  mode  of  proceed- 
ing ?  With  regard  to  the  contract  for  the  route  of  Panama  and 
Astoria,  the  Secretary  had  sonio  discretion  permitted  him.  The 
individual  with  whom  he  is  to  contract  was  not  named,  and  ho 
was  not  even  obliged  to  advertise  for  proposals,  but  he  did  do  it, 
and  accepted  the  proposal  that  was  most  favorable  to  the  govern- 
ment. But  before  I  proceed  to  this  point,  I  will  speak  a  little 
more  particularly  in  regard  to  these  advances.  If  I  understand 
the  sulijeet,  the  reasons  that  operated  with  the  government  in  au- 
thorising the  advances  were  those  :  The  contractors  are  building 
vessels  of  larger  size  than  they  were  required  to  do   by  the  terms 


July  20.] 


NAVAL  APPROPRIATION  BILL. 


901 


of  their  contract,  and  the  Secretary  thought  it  not  unreasonable 
that  this  advance  should  be  aulhorired  for  the  sake  of  securing  a 
class  of  vessels  that  -will  be  the  most  serviceable  in  the  event  of 
being  converted  into  vessels  of  war.  For  what  is  the  main  object 
which  has  induced  Congress  to  authorize  these  lines  of  mail  steam- 
ers? It  is  that  the  vessels  may  be  built  under  the  inspection  of 
the  Navy  Department,  and  built  in  such  a  manner  that  they  may 
be  converted,  upon  short  notice,  into  vessels  of  war.  The  whole 
object  is  lost,  unless  these  vessels  shall  be  built  in  a  proper  and 
suitable  manner,  so  that  they  may  be  used  for  war  steamers. — 
This  has  induced  the  Secretary,  as  I  have  said,  to  recommend 
these  advances,  in  order  to  aRbrd  the  contractors  every  facility  lor 
constructing  the  vessels  in  the  best  possible  way,  and  that  their 
construction  may  not  be  too  long  delayed.  Upon  this  point  he  ask- 
ed the  attention  of  the  Senate  to  a  letter  of  the  Secretary  of  the 
Navy,  dated  March  I3th,  1848,  addressed  to  the  honorable  T. 
Butler  Kmg,  chairman  of  the  Committee  on  Naval  Ali'airs  in  the 
House  of  Representatives,  in  which  he  expressed  his  concurrence 
with   the  views  of  the  committee. 

As  regards  the  suggestion  of  the  Senator  from  Connecticut, 
that  the  term  of  five  years  would  be  sufficiently  long  for  the  dura- 
tion of  these  contracts,  if  there  be  any  fault  any  where  it  certainly 
seems  to  mo  that  it  must  be  imputed  to  Congress.  I  will  read 
one  of  the  sections  of  the  act  which  directs  the  Secretary  to  con- 
tract with  Mr.  Collins  in  the  Liverpool  line. 

[Mr.  A.  here  read  the  section.] 

These  proposals  contain  the  term  of  ten  years  as  a  part  of  the 
contract.  And  in  pursuance  of  specific  directions  also,  the  con- 
tract with  Sloo  was  made  for  the  term  of  ten  vears.  And  in 
making  this  contract,  ibe  Secretary  of  the  Navy  did  not  suppose 
that  he  was  departing  from  the  intention  of  the  government  by 
contracting  in  the  same  manner,  and  for  the  same  period  as  he  had 
done  with  Collins  and  Sloo,  although  in  regard  to  the  Panama 
and  Astoria  route,  neither  the  individuals  with  whom  he  should 
contract,  nor  the  period  of  time  for  which  the  contracts  should 
continue,  were  specified.  The  Secretary  then  having  discretion  in 
this  case  to  some  extent,  determined  not  to  take  away  the  power 
over  this  contract  altogether  from  Congress.  He  reserved  to 
Congress  the  power,  if  they  should  think  proper,  to  amend  the 
contract  at  the  ensuing  session,  upon  yielding  such  fair  compen- 
sation  as  should  be  duo  to  the  contractors. 

Now,  sir,  it  may  admit  of  great  doubt,  whether,  having  reserv- 
ed in  this  contract  the  power  to  amend  it  under  such  terms  as 
might  be  consistent  with  equity  and  fairness,  we  have  the  right  to 
alter  it.  I  certainly  think  we  have  no  right  to  say  to  the  con- 
tractor that  they  shall  go  on  and  perform  their  part  lor  a  less  time 
than  they  contracted  for,  and  which  no  doubt  formed  an  induce- 
ment with  ihem  to  enter  into  the  contract  at  the  price  agreed  up- 
on. If  we  were  to  alter  the  contract  in  point  of  duration,  the 
contractors  would  have  a  claim  lor  damages,  and  therefore  I  say, 
that  if  there  is  any  improvidence  in  the  making  of  such  contracts, 
we  should  not  throw  the  blame  upon  the  departments,  but  upon 
Congress,  by  whom  the  Secretary  was  authorized  and  dirt^eted.  It 
seems  that  the  principal  hostility  of  the  Senator  from  Connecti- 
cut is  directed  against  the  Panama  and  Astoria  lino,  but  it  ap- 
pears to  me  that  if  we  should  direct  the  duration  of  this  contract 
to  be  limited,  varying  its  terms  from  those  originally  agreed  upon, 
the  contractors  would  not  be  bound  to  go  on,  and  we  should  de- 
stroy the  usefulness  of  the  other  lines.  This  forms  part  of  a  sys- 
tem. What  would  be  the  use  of  a  line  from  Havana  to  Chagres, 
unless  we  have  one  from  Panama  to  Astoria?  It  strikes  me,  aside 
from  these  considerations,  that  if  any  part  of  the  line  ought  to  ho 
preserved  more  than  another,  it  is  this  very  Panama  and  Astoria 
line.  It  will  be  more  beneficial  to  the  commerce  of  the  country 
that  this  should  be  preserved. 

Before  I  proceed  to  some  further  remarks  upon  this  Panama 
and  Astoria  line,  I  will  advert  to  a  point  made  by  the  Senator 
from  Connecticut,  as  it  regards  the  time  of  commencement  of  the 
payments  on  this   Panama  and  Astoria  route. 

Now,  sir,  I  think  it  is  right  that  if  the  payments  shall  com- 
mence, as  they  ought  to  do,  at  the  time  the  ships  are  placed  at  the 
service  of  the  United  States,  there  should  be  an  amendment 
adopted,  which  I  will  offer  to  this  clause,  providing,  that  in  their 
route  from  New  York  throughout  the  line  reaching  to  Astoria, 
they  shall  convey  the  freight,  stores,  or  passengers  of  the  govern- 
ment free  of  expense,  setting  aside  the  subsistence  of  the  passen- 
gers. I  think  this  would  be  but  fair  ;  and  in  conneotion  with  this 
subject,  I  ask  leave  to  have  read  a  letter  from  the  Secretary  of 
the  Navy,  and  also  a  letter  from  William  H.  Aspinwall,  the  as- 
signee of  the  Liverpool  contract,  to  Mr.  Vinton,  chairman  of  the 
Committee  on  Naval  Aflfairs. 

[They  were  road  bv  the  Secretary.] 

Mr.  ALLEN.— Before  the  Senator  proceeds  in  his  speech,  I  de- 
sire that  ho  would  state  what  will  be  the  expenses  for  this  year  aris- 
ing out  of  the  now  existing  system  of  ocean  mail  routes,  including 
the  expense  which  this  bill  will  add.  I  want  the  aggregate 
amount. 

Mr.  NILES. — In  reply  to  the  honorable  Senator  from  Ohio. 

Mr-  ATHERTON. — I  have  not  yet  concluded  my  remarks. 
The  chairman  of  the  Committee  on  Naval  AfTairs  can  probably 
inform  the  Senator  as  to  the  expense  of  the  other  lines.  I  have 
not  the  data  by  rae  at  present.  The  proposed  advance,  however, 
does  not  increase  the  expense.  Under  that  arrangement  the  money 
is  paid  sooner  than  it  otherwise  would  be.   That  is  all.   But  some 


fault  has  been  found  with  the  Secretary  of  the  Navy,  or  some  im- 
plied censure  has  been  cast  upon  him  in  regard  to  the  Panama  and 
Astoria  route,  as  if  the  contract  had  not  been  given  to  the  lowest 
bidder.  Some  hints  have  been  thrown  ont  that  it  was  given  to  the 
highest  bidder,  upon  terms  detrimental  to  the  interests  of  the  go- 
vernment. I  believe  that  no  one  who  has  read  the  papers  upon 
the  files  can  come  to  any  such  conclusion.  On  the  contrary,  he 
he  must  conclude  that  the  Secretary  has  acted  with  great  saga- 
city and  prudence.  In  the  first  place,  the  law  did  not  require  the 
Secretary  to  issue  proposals,  and  there  were  two  individuals  who 
applied  together  for  the  contract,  at  the  rate  of  $2.'')0,000  a  year. 
The  Secretary  did  not  think  proper  to  give  the  contract  to  those 
individuals,  but  issued  an  advertisement  for  proposals.  Proposals 
came  in — one  at  $150,000  a  year,  and  one  as  low  as  S83,00O  and 
a  fraction  per  vessel.  Mr.  Harris  proposed  to  take  the  contract 
at  $199,000,  as  this  was  the  bill  which  was  finiilly  accepted  under 
these  circumstances.  Mr.  Todd  offered  to  perform  the  service  in 
propellers,  an  inferior  sort  of  vessel,  and  altogether  untitled  for 
iho  main  purpose  for  which  the  line  was  established — that  is,  for 
the  conversion  of  the  steamers  into  war  steamers.  His  bid  being 
the  lowest,  notwithstanding  Commodore  Morris's  opinion  that 
Mr.  Harri.s's  bid  was  in  eti'eot  the  lowest  bid,  the  Secretary  deter- 
mined that  he  would  accept  Mr.  Todd's  hitl,  that  being,  in  a  pe- 
cuniary point  of  view,  the  lowest.  But,  in  the  course  of  the  ne- 
gotiation, Todd  objected  to  the  terms  of  the  contract  in  reference 
to  the  inspection  which  the  Secretary  of  the  Navy  was  authorized 
to  make,  thereby  showing  that  he  intended  to  put  upon  the  route 
vessels  of  an  inferior  description. 

The  Senator  also  nbjcMMs  to  the  Secretary  reserving  the  right- to 
Congress  to  annul  the  contract.  The  Secretary  did  insist  upon 
that  reservation  in  the  contracet  which  he  made  with  Harris,  but 
he  confined  it  to  the  coming  session.  An  appropriation  of  money 
being  necessary,  if  the  ap[)ropriation  should  be  made,  the  contract 
would  be  considered  as  confirmed.  Well,  these  bids  having  been 
laid  before  the  Navy  Department,  after  some  correspondence,  I 
believe  about  the  20th  of  July,  Todd  refused  to  take  the  contract. 
Previous  to  this.  Woodward,  who  had  originally  offered  proposals 
with  Todd  for  S250,000  a  year,  got  an  assignment  of  Harris's  con- 
tract, agreeing  to  furnish  securities,  which  he  neglected  to  do  un- 
til an  injunction  was  obtained  against  Harris  for  not  producing  his 
securities  ;  and,  in  the  mean  time,  Woodward  claimed  that  the 
contract  should  be  given  to  him,  Todd  having  declined,  and  Har- 
ris not  having  furnished  his  securities.  But  Harris  afterwards  pro- 
cured the  requisite  security,  and  the  contract  was  given  to  him. 
Thus  we  see  that  a  combination  evidcnilv  existed  between  Todd 
and  Woodward  to  get  the  control  of  Harris's  bid,  and  to  obtain 
the  contract  at  an  advanced  price.  But  they  were  defeated,  and 
the  government  was  saved  an  expense  whi<'h,  for  the  ten  years, 
would  not  be  less  than  $510,000.  There  can  be  no  pretence  by 
those  who  have  examined  the  matter  that  Todd  ever  intended  to 
take  the  contract  and  perform  the  service  in  a  proper  manner  for 
the  suiB  of  $150,000  a  year.  -Vnd,  sir,  if  we  examine  the  rates  at 
which  steamers  have  been  furnished  upon  these  lines,  both  at  home 
and  abroad,  we  shall  find  that  the  rates  on  the  Panama  and  Asto- 
ria route,  considering  the  difliculties  and  expenses  to  which  the 
contractors  upon  that  route  must  necessarily  be  subjected,  are 
most  favorable  to  the  government.  And  it  may  be  doubted  that 
any  one  not  so  well  acquainted  with  the  route  as  Mr.  Aspinwall 
could  afi'ord  to  take  it  at  so  low  a  rale. 

The  only  lino  that  is  nominally  cheaper  is  the  New  Orleans 
line.  The  lino  from  Panama  to  Astoria  costs  $iy!),000  a  year,  or 
for  each  ship  $6f;,000.  This  is  the  lowest  of  all  except  that  be- 
tween New  York  and  New  Orleans;  and  every  one  must  see  how 
much  profit  may  be  expected  to  be  made  by  the  other  lines  from 
passengers  and  freight,  and  the  comparative  facility  with  which 
coal  maybe  obtained. 

I  have  thus  brictly  noticed  some  of  the  positions  taken  by  the 
Senator  from  Con.iecticut,  and  I  certainly  think  that  the  Senator, 
upon  a  view  of  all  the  facts,  must  conclude  that  the  advance  of 
compensation  in  regard  to  this  route  will  be  proper.  It  is  proba- 
ble— nay,  I  beleive  it  is  certain — that  the  government  will  have 
occasion  to  send  troops  upon  that  route,  and  that  it  will  be  of  great 
advantage  that  there  should  be  no  interruption.  But  as  it  regards 
the  limitation  proposed  by  the  Senator  from  Connecticut,  it  de- 
serves the  serious  consideration  of  the  Senate,  whether,  if  wc  un- 
dertake any  such  limitation,  we  shall  not  be  called  upon  for  dam- 
ages which  would  be  far  worse  than  any  evil  that  can  result  from 
the  continuance  of  the  line  for  ten  years.  But  it  seems  to  mo 
that  the  Secretary  having  had  specific  directions,  we  cannot  now 
find  fault  with  a  oontrftct  made  in  pursuance  of  those  directions. 

Mr,  NILES,— In  reply  to  the  interrogatory  ot  the  Senator  from 
Ohio,  I  will  say  that  the  aggregate  expense  of  the  several  lines 
when  completed  will  amount,  as  near  as  I  can  gather,  to  $750,000 
a  vear. 

'I  have  a  very  few  words  to  say  in  reply  to  the  various  points 
adverted  to  by  the  Senator  from  New  Hampshire,  who  is  chair- 
man of  the  Committee  on  Finance.  I  had  supposed,  that  in  the 
performance  of  his  duty  as  chairman  of  that  committee,  I  should 
have  met  the  cooperation  of  that  Senator,  whose  especial  charge 
it  is  to  take  care  of  the  interests  of  the  Treasury;  but  instead  of 
that,  I  find  him  attempting  to  sustain  the  claims  ol  the  conlrac. 
tors;  and  such  is  his  zeal  in  their  interests,  that  in  one  part  of  his 
argument  he  tells  us  that  we  are  bound  by  the  strict  terms  of 
those  contracts,  and  that  we  cannot  modify  them  in  the  slightest 
decree.    But  when  these  men  come   here   and  ask  for  additional 


902 


NAVAL  APPROPRIATION. BIWL. 


[TnviispAy, 


advantages,  wby/theji-,  lacoordiijfi;  ;Jo.  .'theiiSepfttiOir,  :ll»e  law  doe? 
not  apply;  we  iDiisl.  lei  them  liavc  what  lliey  ask.  Sir,  I  have 
seen  adilieroiil  course  of  action  on  the  part  ol  Senators  ofcopying 
the  position  which  the  Senator  from  Kcw  Hanipshise  now  occu- 
pies. I  have  always  supposed  that  it  was  the  duly  of  the  chair- 
main  of  the  Committee  on  Finance  to  stand  as  a  sentinel  over  the 
Treasury,  and  not  to  become  the  advocate: o],  contractors.  Now, 
in  r.egard  to  this:, point,,  viz:  that  wo  are  reslrioted.hy  the  law, 
whatever  the  provisions  of  the  law  may  he,  .ihcse  coniraoiors  are 
subject  to  tlie  action  ol"  Con<rress.  ('ongress  is  not  withoul  ftow- 
cr  over  the  subject.  All  these  contractors  aie  suhjcct  to  tlio  |iio- 
yisipris  of  the  act  of  184.'),  which  is  the  first ,  act  authori/.inj;  this 
kind  of  service;  and  although  these  contcacts  were  inado  under 
llje  authority  of  subsequent  acts,  those  acts  weie  intended  I o  carry 
■My  ,lhe  act  of  1S45.  If  the  Senate  think  it  prudent  and  wise 
to  confirm  these  contracts  for  ten  years,  they  will  so  de- 
cide. But  as  to  Iheir  bpinj»  advanlagcous,  1  know  they  are  not. 
I  know  a  contract  could  be  made  willi  a  {.'entleman  of  New  York 
on  far  more-advantaf^eous  terms  for  the  jjovernment.  He  has  a 
ship  already  completed,  -the, best  tliat  lias  Leen  built  in  Ame)-iea; 
he  is  seeking  service  at  our  hands,  and  we  mi^ht  have  this  service 
performed  by  him  probably,  ttllhout;h  I.  am  not  ruilborizcd  to  say 
so,  at  one  half  the  price  we  are  paying  for  it.  in  regard  to  the 
other  contracts,  ihe  one  with  Mr.  Collins  was  made  to  be  sure, 
in  pursuance  gl  the  express  terms  of  the  law  which  came  to  us 
from  ihe  House  at  the  last  hour  of  tho  session,  and  was  jjasscd  un- 
der the  supposition  that  it  had  received  due  attention  (here,  and 
that  they  were  carryins;  out  the  <iriginal  plan.  As  the  Senator  seems 
to  insinuate  that  i.iy  com  se  has  been  soniovvhat  inconsistent,  I  have 
to  sayi^lhat  I  was  m  favor  of  ibis  kind  of  service  when  the  Sena- 
tor hirnself  was  against  it,  and  when  it  liaU  little  support  on  this 
sijde  of  the  chamber;  but  that  was  not  the  service  which  has  been 
sanctioned  in  the  other  wing  of  the  capilol.  The  service  was  left 
entirely  to  individual  enterprise,  and  1  was  in  favor  of  it  op  that 
account,  and  not  u|jon  the  ground  of  it  being  a  quasi  public  ser- 
vice. It  was  upon  coiuniereial  gromids.  We  believed  that  inas- 
much as  England  was  lending  the  aid  of  government  to  sustain 
her  mail  lines,  giving  them  an  advantage  beyond  the  reach  of  pri- 
vate competitiou,  and  as  she  by  that  means  was  likely  to  monop- 
olize all  the  oonimeice  between  this  country  and  Europe,  that  was 
of  such  a  description  as  would  naturally  laU  into  these  lines,  it  was 
necessary  that  we  should  do  something  to  counteract  it.  It  was 
mainly  upon  this  ground,  that  I  favored  the  establisliment  of  the 
ocean  mail  routes.  I  never  advocated  them  as  a  quasi  public  ser- 
vice. Their  whole  character,  as  I  have  said,  has  been  changed  in 
the  other  wing  of  the  oapitpl ,  and  it  is  now  to  be  controlled  by  the 
Secretary  of  the  Navy,  making  it.  I  might  almost  say,  an  ad(|i- 
tion  to  the  naval  establisliment  ol  the  coimtiy.  But  whatever  I 
might  think  in  regard  to  these  mail  lines,  I  wish  the  governnient 
\yould  hold  itself  as  far  as  it  can  in  it.s  present  relation  to  them;  I 
wish  that  these  contracts,  which  I  think  are  not  advantageous  to 
the  government,  should  be  limited  to  a  rea.sonable  term,  as  thp 
subject  is  now  submitted  to  us,  and  I  think  if  wo  are  to  be  held  to 
the  .contracts  on  our  part,  we  should  hold  the  eontraclois,  to  them 
on  theirs.  Tlicy  have  engaged  to  perform  certain  service,  and 
tiiey  now  ask  us  lo  furnish  the  capital  to  enable  ihcai  to  do  it. 
Does  npt  every  one  see,  tliat  this  cbanges  the  na,tnr(3  of  the  trans- 
action ?  The  capital  is  the  jirincipal  thing,  and  if  the  contracts 
had  been  proposed  for  with  the  understanding  that  the  government 
should  furnish  the  capital,  can  any  one  doubt  tha,t  they  would  have 
been  obtained  on  ntore  liberal  teini.'i  ■        , 

-^jPIow,  the  Senator  proposes  to  give  them  ihcir  pay  four  or  five 
njpnlhs  before  they  are  entitled  to  it. ,  ,  Why,  it  is  idle  to  lajk  .^ibout 
l|teu-  having  any  claim  on  account  of  these  ships  being  delivered  to 
the  oovernment.  'i'hey  are  not  gpvcrnineiit  sliips,  lliey  are  pri- 
vate ships,  and  cannot  be  delivered  to  the  government.  The  Sen- 
ator says  that  this  is  a  very  advaiilagoous  contract,  and  that  Mr. 
Todtl  did  not  intend  to  peihum  the  service  for  $150,0U0  a  year. 
Tile,  Senator  will  rccplloct  that  a  bill  was  inlrpdnced  by  me  to 
authoriie  a  contract  for  this  service  at  $150, OOU.  Mr,  Todd  re- 
qiiestcd  me  to  put  his  name  in  the  bid.  1  told  hijja  Jl,,cqfild|npLdo 
sOj  that  it  must  be  open  to  competition.  ,.',,:      ,..;,.. 

-Mr.  UNDKRWOOD.— Will  the  Senator  allow  me  to  ask  him 
what  the  government  receives  back  for  this  outlay?  Is  it  any  more 
than  the  transportation  of  the  mail,  or  do  the  otfieers  of  these  ves- 
sels account  to  the  government  for  the  passage  money  ?';■■■    '''•'• 

'Mr.  NILES. — In  answer  to  the  Senator  I  can  only  state,  that 
iii.regard  to  the  Brenrcn  line,  llie  govcininciit  has  no  interest 
wliateyer,,pxcept  what  they  derive  Iruin  the  carriage  of  letters. 
An  inqnirv  has  been  made  as*  tri  tlie  amount  reccivca  by  the  gov- 
cfnuieni  from  t,h»'*e  mail  Hues.  I  be|icve,so  far,  there  has  tiecii 
very  li'ttle  received,  Sonic  time  ago  1  wnsinformcd  that  the  re 
si^ipis  amountcil  ,lo  SM.Oj'W,  and  I  believe  fheylnne  miidc. 'oiic  or 
two  trip's  since.  lam  not  siiVc,  but  tbiit  in  siimc  of  these  other 
lilies,  other  rights  are  secured  to  the  government,  as  the  cohvey- 
aflce  df  jpuljlic  stores,  or  Vuinething  of  that  soil,  but  there  is  no 
substantial  or  direct  interest,  e.scept  that  wliicli  the  government 
hejs  in  the  conveyance  of  the  mail,  and  it  was  never  supposed  tliat 
t|i^at  would  amount  to  a  sum  at  itll  rcninnerativc.  These  lines 
aj'e  sustained  mainly  on  commercial  grounds,  as  being  necessa- 
ry  to  place  us  on  an  ci^nality  with   our  great  rival   in  this  lino  of 

J  Mr.  ALLEN^.— The  act  under  wlijbh  lliLssysferrt  arises  pSsseil 
in.  1845,  and  ,th^.  fi^^l  contract  made  under  it  was,  I  believe,  about 
t^'^,midtl|e.iil',',t'&at  jcjar.    AVlien  the  jiiuttcr  was  lirsl  iiilVbduccd 


here  I  opposed  it  on  v?Ji'ious.,gjconui4s>  In  the  first,  place  I  doubt- 
ed its  con.stitutionaliiy.  In  the  second  place,  I  knew  it  was  bad 
poiicy  for  the  governnient  to  go  into  partnership  with  individuals 
or  companies  in  the  transaction  of  any  business.  In  the  third 
place,  1  knew  likewise  that  the  system,  if  it  once  got  into  tciiig 
would  be  very  apt  to  find  the  means  of  peipetuating  its  own  ex- 
istence, and  tliiit  from  a  small  beginning  it  would  run  into  one  of 
the  heaviest  burthens  that  can  bo,  or  ever  has  been  imi'oscd  iqioii 
the  public  Treasury.  Sir,  at  that  time  the  friends  of  this  system 
rel'used  to  consider  it  as  a  system.  They  spoke  of  the  great  pro- 
fits derived  by  Great  Britain  from  the  transmission  of  letters  be- 
tween New  York  and  Liverpool  both  ways  ;  and  the  plea  was  that 
the  )ieople  of  the  United  States  ought  to  participate  in  this  profit. 
And  the  other  argument  wa.s,  that  in  order,  that  not  only  the  peo- 
jdc,  but  the  govcri.mcnl  should  participate  in  the  advantages  of 
this  peculiar  system — that  like  the  British  government  ourgovern- 
jnent  shonid  lorm  contracts  with  individuals  or  companies  to  ti.ans- 
port  our  mails  in  steam  vessels  of  a  particular  construction,  which 
would  admit  of  their  being  suddenly  converted  from  business  ves- 
sels into  vessels  of  war.  It  was  upon  these  two  argunients  that 
llii.s  system  was  originally  commenced.  It  was  said,  that  in  thus 
lino  of  commuuieation  large  profits  wonld  accrue  lo  our  govern- 
niciit  ajid  people,  because  profits  had  largely  accrued  to  Great 
Britain.  It  w3S  .said  that  the  governrnent  ought  to  adopt. ,tlip 
British  policy  of  employing  mail  steamers  m  order  indirectly  to 
angmeni  its  naval  jiowcrT  This  was  the  argument.  But  tlie 
constitnlioiiality  of  the  act  was  not  a  thing  materially  insisted  on. 
It  was  a  maite'r  of  extreme  incimvcnience  to  the  advocates  of  thi* 
law,  to  lay  their  finger  upon  that  part  of  the  constitution  from 
which  the  power  lii  pass  the  law  could  be  legitimately  deduce^. 
I  know  that  tliis  system  having  been  commenced,  it  is  not.  in. ray 
power  to  break  it  down  by  a  single  blow-.  I  know  that  all  I  ca(i 
say  upon  this  occasion  will  effect  nothing  whatever,  save  possibly 
to  fix  more  earnestly  the  attention  of  government  upon  this  par- 
ticular subject.  But  I  know  likewise,  that  if  the  iiernieious  sys- 
tem be  not  assailed  again  and  again— and  especially  a  system  thaf 
contains  within  itself  the  elements  of  perpetuating  its  own  llfc^if 
it  be  not  assailed  in  time,  and  vigorously  assailed,  it  will  soon 
grow  beyond  the  power  of  assault.  I  asked  for  the  constitut.iona,l 
authority  for  the  passage  of  lliis  act,  and  I  now  demand  the  con: 
slitutional  authority  for  its  continuance.  There  are  but  two  parts 
to  the  constitution  to  which  I  presume  the  friends  of  this  measure 
will  resort.  The  one  is  the  power  to  establish  post  rotites  aad 
post  ofiiees.  Until  I  hear  whether  it  be  upon  that  clause  that,  tlie 
conslitiitipnality  of  tins  act  is  rested,  I  will  not  go  into  an  cxarai- 
iiatjion  of  the  question,  farther  than  to  say  that  the  clause  is  ne- 
cessarily confined  to  the  interior  of  the  country  oyer  which  that 
constitulion  prevails.  The  other  clause  is  that  which  authorizes 
Congress  to  regulate  commerce  between  the  United  States  anjl 
foreign, nations,  and  between  ourselves  and  the  Indifintribe^.  Jjft- 
li|  I  know  that  it  is  upon  that  clause  that  the  power  is  rest'ed,,iJ 
need  paly  ^^ny,  .that  1  deny  its  application  to  any  siicli  case.  Here 
is  liot  a  qiies'tioii  of  regulating  cnmincrce,  unless  the  transmission 
of  articles  is  a  means  of  rogui.nting  commerce.  The  idea  of  regij.- 
laling  commerce  negatives  that  ol  the  government  engagiiig.aSj  j 
merchant  in  the  transportation  of  articles.  The  constiuition  pr({-- 
vides  that;  Congiess  may  regulate  coinmerce,  that  is  to  say,, it 
may  make  all  needful  rules  and  Vgnlations,  to  give  security,  and 
efficiency  to,  and  promote  the  interests  of  our  people  in  their  trade 
with  foreign  countries.  If  Congress  has  authority  under  the  plea 
of  interest,  or  aiiy, other  plea,  to  establish  post  routes  between  our 
continent  and  all  the,  other  countries  of  the  globe,  and  to  trans- 
mit the  ruail,  or  in  other  \Vords,  to  transmit  pieces  of  paper  called 
letters,,  they  have  an  cq^ual  right  to  transport  bacon,  flour,  and 
pork,  and  all  the  iiroductsofthe  eouiitiy.  What  is  the  right  thatlhe 
government  has  to  transport  letters,  or  to  organize  asysiem  of  jnail 
transportation?  Where  do  they  get  the  power?  They  get  it  exp'rcfslj 
from  the  cons.tjlntion.  It  ishota  power  that  belongs  to  the  goyera>. 
meut,  as  a  government,  any  more  than  a.  povver  to  transport  flo.iir. 
Our  government  derives  its  power  from  an  express  clause  in  the,con; 
stitntion.  Without  that  clause,,  the  government  yould  have  had 
no  such  right.  It  is  derived  solely  from  express  grant  ;  and  it  was 
granted  to  the  government  for  this  single  reason,  that  the  mail  and 
post  oliiee  system  was 'one  so  necessarily  removed  in  its  extfent, 
so  complex,  extending  over  so  vast  an  area,  as  to  render  it  utt.cr; 
ly  impossible  for  any  one  individual,  or  any  combination  of  indiyl; 
duals,  to  give  that  security,  that  nliity,  that  uniformity  to  th'o 
transmission  ol  letters  through  the  mails  which  the  public  authorr 
ity  could  give  to  it.  And  upon  lli.at  ground  the  authority  was  vested 
in  Congrcijs  to  provide  for  tiiotraiisportatipn  of  the  mails  and,  .as 
a  necessary  consequence,  to  establish  post  pffices  and  post  route-S.- 
Withoiit  that  Congress  wonld  have  had  no  more  right  to  send  wag- 
ons, IVeighteil  with  docnmentK,, across  .  the  Alleglianies.  tlian.  lliey 
woulil  have  had  to  send  wagons  freighted  with  Hour.  Nor  have 
they  any  more  right  to  tianspcnt  letters  across' llie  AtUViitlc,  uri'dei:, 
the  sahctioudf  public  anthoViiy,  than  to  transport  aiiy  of  the  pro- 
duclidns  of  the  country.  But,  sir,  as  to  the  matter  of  profit,  ^jia 
answer  giveh'by  the  Siinator  from  Connecticut  to  the  ifncstioii  of 
the  Senator  from  Kentucky  is  the  most  potent  argument  that  rea-' 
son  ailmits  of.  It  is  the  argument  of  fact;.  TJie  profit  ihu^  far 
has  been  a  mere  bagatelh'.  But  wc  have  to  establish  this  system 
^afid  thelaw  coutemplates  it  upon  its  lace— in  order  to  augmeiip 
our  naval  force.  Far'wliat  ?  1  do  not  know  what  the  appropri'a- 
tiim  fol-  the  naval  establishment  will  be  this  year.  When  1  fij-'s]^ 
camo  hero,  it  was  a  fractionunder  ihfee  inilltbn's  of  dqjlars,.  ,",_!!k 

|.  ■ .  I  r.  »  ri.ij    ;j'ii:ii  lilt   jUii  tijui* 


A  SEtii^TOR.^It  h  rtow  I'oiU  millions: ' 


;  biiit't  e:( 


lxtuT.m.^T] 


NAVAL  APPROPRIATION  miLt^yi 


903 


Ml-.  ALLEN. — TbiseBiablislimenl,  tliat  oriirhiated  in  the  post 
office,  lias  now  contrived  to  .shirt  itself  int<i  the  Navy  Department, 
and  to  give  itself  a  new  cliaracter — throwing?  off  its  oharaoter  of 
mail  service,  and  taking;  on  llio  cliaracter  iif  the  military  defence  of 
the  country.  Well,  .sir,  vvbero  are  the  uses  ol'this  vast  augmenta- 
tion of  the  naval  estahlishinent?  Great  Britain  was  taken  as^the  pat- 
tern by  wliioh  wo  were  to  a;iiide  and  shape  our  Icnjislation.  Unfortu- 
nately nine-tenths  of  the  bad  leijisbiticiu  wlilch  \vc  have  ever  enacted 
lias  originated  in  the  spirit  of  Briiisir  imitation,  when,  in  point  of 
truth,  considering  the  dillerent  internal  ccmdition  of  the  two  coun- 
tries, and  the  dilferent  structure  of  the  (jovcriiments  of  the  two  conn- 
trios,  that  which  is  politic  in  Great  Britain  is  impolitic  with  \\s, 
for  the  very  reason  that  it  is  politic  there.  Onr  conditions  are 
reversed.  Our  constitutions  are  not  only  dissimilar,  but  ours  is  an 
exact  inversion  of  the  British  eonstitntion  i  and  the  true  mode  of 
reasonin<;  is  to  reason  on  the  assumption  that  that  which  is  true 
in  regard  to  tlio  British  system  is  false  with  refjard  to  ours,  be- 
cause the  systems  are  opposite — the  one  bein^  the  inversion  of  the 
other.  What  is  the  fact,  in  reijard  to  her?  Great  Britain  is  a  cen- 
tral power,  in  the  immediate  vicinity  of  the  continent  of  Europe, 
a  small  island,  not  a  twentieth  part  so  large  as  the  acquisitions 
which  we  have  made  within  the  last  lour  years.  She  has  sixty- 
odd  colonies,  stretched  all  around  the  globe,  and  occu|iying  those 
points  which  give  to  Great  Britain  the  greatest  facility  in  monop- 
olizing the  commerce  and  ofvrrying-trade  of  the  globe.  Her  em- 
pire spread  over  the  world's  surface,  and  comprehending  about 
tifty-four  separate  and  distinct  parts  of  the  earth,  separated  from 
the  other  portions  of  the  globe  by  intervening  waters — in  such  an 
empire,  founded  upon  commerce,  sustained  by  commerce,  living 
and  breathing  by  comnierco,  and  that  commerce  dopenilcnt  on 
maintaining  unimpaired  the  integrity  of  her  empire  in  all  its  ex- 
tremities— in  this  state  of  things  it  is  wisdom,  the  very  perfection 
of  wisdom  for  Great  Britain  to  augment  her  navy.  She  has 
given  commercial  law  to  the  world.  She  bus  done  the  manu- 
facturing for  the  world,  until  within  the  last  thirty  year.s — since 
which  time  other  Europe.an  States,  and,  above  all  America,  have 
become  her  great  rivals,  not  only  in  manufactures,  but  likewise  in 
umnage  and  navigation.  This  circumstance  exposes  the  his- 
tant  parts  of  her  empire  to  all  the  assaults  which  the  jealousy  and 
rivalry  of  distant  ami  ho.siilo  governments  may  suggest  to  them  as 
their  best  policy  to  make.  Canada  lies  Within  the  vicinity  of  a 
power  which  has  but  to  stretch  forth  its  hand  and  wrest  it  from  her 
when  it  pleases,  and  when  it  becomes  important  that  it  should  be 
done,  threatened  by  the  double  ambil  ion  nf  France  and  Russia,  and 
her  possessions  everywhere  subject  to  be  soizcil  upon  liy  the  ra- 
pacity of  rival  nations.  Nothing  could  bo  more  politic  with  Great 
Britain,  than  to  unite  her  naval  force,  to  unite  defence  with  trade, 
to  make  it  the  interest  of  every  njerchJuil,  if  that  were  possible, 
to  transport  the  products  of  the  country,  or  his  goods,  wares,  and 
merchandize  in  arliioJ  vessels.  It  is  for  these  reasons  that  Great 
Britain  has  enconraged  this  thing.  Does  any  man  sujipusc  that 
it  was  for  the  petty  consideration  of  a  little  postage,  that  Great 
Britain  adopted  the  system?  Can  any  man  b"  weak  enough  to 
suppose  that  it  was' ever  a  question  in  the  British  cabinet,  how 
many  pennies  oould  be  made  by  carrying  letters  between  New  York. 
and  Liverpool?  Never  such  a  thought  occurred  there.  It  was 
but  a  disguised  mode  of  keeping  a  lloating  armed  power  in  the  vi. 
einity  of  all  nations.  How  is  it  with  Us?  Where  are  our  distant 
possussion:*?  Where  are  our  sixty  odd  colonies  placed  in  the  vici- 
nity ot  great  and  powerful  nations,  and  subject  to  be  seized  upon 
unless  closely  guarded?  \Vhcrc  are  they?  There  are  but  eight 
milhons  of  tonnage  in  the  world,  uf  which  Great  Britain  has  three 
and  a  half  millions;  the  United  States  two  millions  and  a  half; 
France  loss  than  a  million;  and  the  olher  nations  of  the  world  the 
balance  divided  between  them.  No  man  dreams  of  such  a  thing 
in  this  country.  How  is  it  with  Groat  Britain?  Sir,  British  states- 
men have  sense  enough  to  know  that  a  condict  with  the  irnited 
States  would  end  in  ihe  dissolution  of  her  empire.  There  is  no 
prospect  of  a  war.  Yet  wc  are  indirectly  to  augment  the  expenses 
(.four  naval  establishment,  under  the  name  of  mail  facilities  to  one 
Hiillion  and  a  half  <lollars  per  annum,  over  and  above  its  already 
va.stly  increased  expenditure.  That  is  the  sum  total  of  it.  When 
this  system  was  began  it  provided  bnt-for  one  lino,  and  it  was  ex- 
pooted  to  pay  tor  itself.  Our  whole  post  oflice  establishment  ori- 
ginated with  the  idea  that  the  income  should  defray  ihe  expenses; 
and  it  was  not  until  a  few  years  ago  that  that  idea  was  abandoned. 
After  a  while  the  two  .systems  were  blended,  the  Treasury  and  the 
post  otlioo.  The  income  of  tho  post  ollice  was  treated  as  so  much 
revenue,  and  the  payments  to  sustain  the  establishment  went  out 
as  so  many  appropriations  from  the  common  Treasury.  That  has 
occurred  within  my  day;-  It  was  a  forced  result — forced  upon  the 
L'ovcrnmcnl  and  Ihe  nccessilies  of  tho  country.  The  peojilo  of  the 
West  demanded,  as  they  had  a  right  to  demand  in  tlicir  sparse  set- 
tlcmi'.nis,  mail  aceoiumodations.  The  jiost  ndiec  had  to  yield  to 
the  demand,  relying  upon  the  revenues  acoruinsr  to  the  Post  Oflieo 
J)e|iartmcnt  from  these  post  otliees  and  routes  to  moot  the  addi- 
iional.  which  the  establishment  of  other  routes  and  oHiCes  imposed 
upon  the  Treasury,  This  the  government  did  in  order  to  accommo- 
date the  widely  expanded  settlements  of  the  interior  of  the  west- 
ern coiuiiry.  It  was  lound  that*  the  income  of  the  general  eslab- 
lishment  was  insullicicnt  to  meet  the  expenses,  and  therefore  they 
had  to  resort  lo  the  public  Treasury  for  aid.  Sir,  this  is  of  all  periods 
the  most  inauspicious  for  increase  in  our  public  expenditure.  We 
have  recently  come  out  of  a  war,  and  although  it  has  been  ably  con- 
ducted tinanciallv,  the  first  war  ever  coiKlucted  in  such  a  manner 
as  10  leave   undisturbed  the  business  and   credit  of  the  people  and 


the  government,  yet  it  is  a  war  which.-IcaTe»  some  little  debt  be- 
hind it.  But  above  all  the  reasons  I  have  advanced,  sir,  is  the  one 
that  wu  have  made  a  vn-st  acquisition  of  territory.  We  have 
doubled  the  size  of  onr  original  limits  within  the  last  four3-ears,so 
that  wo  now  reach  to  the  I'acihc  and  extend  along  its  congi  sov- 
cral  degrees.  All  this  region  is  to  some  extent  peopled.  With 
every  part  of  the  country  this  government  uiosi  hold  some  kind  ol 
communication.  You  will  have  to  have  a  post  otiice  at  the  moulh 
of  iho  Columbia  river  as  well  as  a  custom-house.  You  will  have 
lo  have  them  up  the  Columbia  river  and  along  the  eoost  of  the  Pa- 
ciHc;  in  tho  interior  of  California  and  upon  the  eastern  side  of  the 
Kooky  mountains,  at  least  to  New  Mexico,  and  in  that  country. 
Hence  it  will  be  impossible  to  avoid  the  necessity  of  imposing  upon 
the  interior  post  otTic"  establishment  the  expense  that  will  arise 
from  establishing  mail  facilities  in  these  ^acquisitions.  It  cannot 
bo  avoided;  government  must  keep  open  communications  with  its 
constituents.  Vou  cannot,  then,  by  any  device  avoid  the  noccsiity 
of  increasing  the  expenses  of  the  interior  post  oilice  cslalisliracnt 
very  considerably — much  beyond  its  income.  Is  it,  then,  a  time, 
when  our  internal  expenses  in  tho  administration  of  tho  Post  Ollico 
Department  are  about  to  bo  so  greatly  increased,  by  extending 
throughout  this  extensive  region  of  country  mad  accominodniions 
^to  expand  this  ocean  post  oflice  system  that  comprehends  the 
whido  human  race?  This  same  necessity  -which  makes  it  important 
to  establish  an  ocean  steamer  mail  route  between  Liverpool  and 
New  York,  can  be  plead  for  establishing  a  mail  route  between  any 
one  point  in  tlio  United  Slates,  and  any  oiher  commercial  point  on 
the  face  of  our  globe.  Our  Yankee  friends,  whoso  enterpri.ue  and 
genius  was  celebrated  nioro  than  half  a  century  ago  by  British 
statesmen  and  writers,  and  who  wore  spoken  of  as  banng  made 
England  ashamed  of  her  want  of  enterprise  and  sagacity,  from  iho 
extent  lo  which  they  had  carried  the  ranritime  researches  of  onr 
country — our  Yankee  friends,  I  sav,  have  carried  tliiir  sails  like  so 
many  Amerioan  flags  (o  every  portion  of  our  globe,  wherever  there 
is  a  man  to  purchase  and  money  to  pay  with.  Well,  sir.  they  have 
opened  communications  with  all  these  places.  They  have  com- 
munication by  letter,  and  the  argument  which  makes  you  carry 
one  man's  letter  to  his  correspondent  in  Liverpool  rir  London,  en- 
forces the  necessiiy  of  carrying  another  mans's  letter  to  his  cor- 
respondent in  China.  If  the  reason  is  good  in  the  one  case  it  is 
good  in  the  other.  In  this  ease  the  reason  given  for  action  apon  the 
inattor  is  the  augmentation  of  the  navy.  It  cannot  be  pretendetl 
that  we  are  to  do  it  for  the  sake  of  the  i  rilling  proht  accruing  from 
tho  operation  of  the  system.  If  ihere  is  to  be  any  prorti,  I  am  in 
favor  of  Us  going  to  Ihe  people.  Do  not  lot  the  government  be. 
come  a  trailer  or  iralliekir,  a  copartner  with  the  merchant  on  the 
seaboard — it  may  bo  said  in  Hour  and  beef,  and  pork,  as  well  as  lei- 
ters  and  papers.  If  there  be  any  profit,  let  it  reward  iho  services 
and  enterprise  of  our  people.  -i    •■' 

My  answer  to  this  argument  of  ''augmenting  the  na.vv/*  ^ 
is  that  our  public  means  of  defence  should  never  depend  apon ! 
private  individuals  or  companies  of  men.  If  it  be  necessary  to 
augment  thenavy,  do  it  through  tho  ordinary  channels — bv  appro- 
priations for  the  use  of  the  navy,  under  the  administration  of  laws 
which  will  require  our  ships  to  he  built  under  our  own  superintcn- 
denee,  and  commanded  by  men  responsible  to  you,  and  confirmed 
to  tho  commands  of  these  ships  by  tho  voice  of  the  Senate.  Sir, 
tho  whole  system  is  a  system  of  humbug.  Sir,  there  never  will  be 
a  ship  called  lor  in  tho  sorvico  of  tho  country,  but  that  there  will 
be  a  knocking  at  the  doors  of  Congrcvs,  session  nfitr  .session,  of 
augnienling,  numbers  of  men  coming  forward  with  raomorials  to^ 
C'oiigress  setting  forth  many  plausible  reasons  for  ilic  establish-* 
ment  of  new  lines  of  steamers,  and  asking  for  allowance  of  money 
to  sernre  their  establishment.  Shakspcaro  illustrates  a  very  prev- 
alent trait  of  human  nature  in  the  long  repetition  of  the  word 
"  opportnnity."  I  might  illustrate  tho  faciliiy  with  which  bills 
pass  the  two  Houses  of'  Congress  by  the  word  '*  imporiiiniiy." 
Why,  in  this  very  case,  according  to  the  showing  of  tho  chairman 
of  ihe  commitioe,  one  of  the  parties  who  bid  for  these  contracts, 
claimed  it  from  the  department  la^causc  ho  had  been  instrumental 
in  getting  tho  act  through — that  is  by  begging  and  coaxing  mem- 
bers of  the  two  Houses,  and  by  importunity  in  eottorttng  from  those 
who  would  not  vote  lor  his  bill,  a  promise  that  they  would  not 
vote  at  all.  And  thus  it  is,  sir,  bills  are  passed  hero,  and  their  pas- 
sage is  considered  as  an  act  of  tho  concentrated  will  and  reason  of 
Ciingress.  Sir,  they  have  no  will  or  reasoning  whatever  but  iho 
private  claims  of  tho  individual  at  whose  solicitude  the  bill  was 
jiassed.  It  is  the  case  with  all  legislative  bodies,  and  in  the  na- 
ture of  things  must  forever  bo  the  ease.  It  cannot  bo  avoided. — 
Men  who  want  to  make  fortunes  ont  of  the  public  treasury  can 
always  devise  plausible  arguments  in  favor  of  certain  schemes,  and 
present  them  lo  legislators,  and  by  their  imporluiiity  succeed  in 
attaining  their  desired  end.  Half  of  the  vicious  legislation  in  iho 
world  has  originated  that  way.  Sir,  this  system  \nll  gel  to  be  one 
of  the  finest  holds  for  speculations  imaginable,  if  it  goes  on.  It 
will  be  equal  to  the  "  South  .Sea  Compiuiy"  project,  or  tho  Mis- 
sissippi scheme.  Men  eoine  here  and  cibtain  ooniracls  Htnounting 
to  hundreds  of  thousands  of  dollars,  and  go  away  into  the  great 
market  of  mouicd  men,  and  trade  them  oil"  as  a  matter  of  speca. 
lation.  That,  1  understand,  has  been  tho  case  v»ith  one  of  these 
contracts.  What  iuducement  does  this  not  hold  out  to  keen, 
sliarp-sighteil  men,  who  desire  to  speculalo  and  make  money  at 
the  expense  of  the  public  treasury,  to  come  here  and  gel  olher 
contracts?  It  is  better  than  roulette  or  the  gaming  (able,  becanse 
if  a  man  does  not  got  a  eonliaet,  he  loses  nothing.  The  hazard 
is  altogether  with  the  government.     He  loses  notliing,  and  bccoaies 


904 


NAVAL  APPROPRIATION  BILL. 


[Thursday, 


acquainted  with  the   leading    and   most  influential    spirits  of  the 
land. 

Sir,  a  million  and  a  half  of  per  annam  expenditure  now  accrues,  and 
this  is  only  the  fourth  year  this  system  has  been  in  existence — an  aug- 
mentation of  nearly  a  fourth  of  a  million  a  year  since  the  com- 
mencement of  this  kind  of  expenditure.  Accordin;^  to  this  rate  of 
increase,  what  will  bo  the  burden  of  debt  that  in  twenty  years  this 
system  will  impose  upon  the  treasury?  Why,  at  that  rate,  the 
revenue  of  onr  entire  custom-house  will  not  defray  the  annual  ex- 
penditure necessary  to  keep  up  this  system.  Sir,  there  are 
from  fifteen  to  eighteen  thousand  post  offices  in  this  country  under 
the  general  administration  of  the  department.  The  mail  arrives 
at  every  one  of  these  otTices  once  a  week,  some  twice  a  week,  and 
a  large  number  once  a  day;  and  the  whole  newspaper  publications 
of  this  Union  are  thus  transported  and  scattered  among  the  people 
as  well  as  the  letters,  for  less  than  five  millions  of  dollars  per  an- 
num. But  this  system  of  transporting  letters  from  one  merchant 
to  another  in  foreign  countries,  in  the  fourth  year  of  its  life,  costs 
our  country  annually  one  million  and  a  half  dollars,  with  a  pros- 
pect of  its  augmentation  in  three  or  four  years,  to  some  four  or 
five  millions.  Sir,  if  a  man  should  move  the  establishment  of  a 
post  oMice  on  a  piece  of  land  within  twenty  miles  of  which  there 
are  twenty  American  citizens  residing,  I  would  vote  for  it,  but  I 
cannot  vote  to  spend  a  million  and  a  half  o(  the  people's  money  in 
carrying  letters  between  the  bankers  and  importing  merchants  of 
New  York  and  Liverpool.  I  am  opposed,  sir,  to  all  these  govern- 
ment copartnerships.  This  system  is  a  forcible  illustration  of  the 
infallible  tendency  of  even  the  best  regulated  government  in  the 
world,  to  meddle  in  other  people's  business,  and  undertaking  to 
supersede  the  enterprise  of  private  individuals  with  their  own  su- 
perior means  We  have  commenced  to  send  letters.  Can  we 
not  put  the  public  ships  of  the  navy  into  service,  to  be  commanded 
by  private  men,  to  transport  ibo  produce  of  this  country  across 
the  Atlantic  with  as  much  propriety  as  we  can  build  up  a  dis- 
guised navy,  under  the  plea  that  it  is  private  property,  resting 
in  a  contract  the  right  to  call  it  ours  whei.  necessary  ?  All  the 
money  spent  to  arm  this  country  should  be  administered  by  the 
public,  and  responsible  agents  of  the  country.  But,  I  repeat,  this 
is  not  the  time  to  swell  our  expenditures  in  any  form.  We  have 
no  pretext  of  colonial  possessions,  sir,  to  defend.  We  have  none 
of  the  reasons,  domestic  or  foreign,  that  Great  Britain  has 
for  keeping  up  a  navy  that  stretches  over  the  globe.  The  Eng- 
lish govornment  has  plenty  of  reasons  for  keeping  up  her  navy  and 
colonial  system.  She  has  to  augment  her  income  proportionate  to 
the  demands  of  the  younger  members  of  the  nobility,  and  those 
who  desire  commissions  in  the  navy  and  appointments  to  the  ad- 
ministration of  the  provinces.  We  have  no  reason  of  that  sort  for 
increasing  our  navy.  Sir,  the  more  we  expend  in  sending  letters 
to  England,  the  less  we  have  lelt  to  pay  for  sending  letters  to  our 
constituents.  If  we  are  to  spend  a  million  and  a  half  of  dollars, 
let  us  spend  it  in  establishing  post  offices  in  the  interior  of  our 
own  country,  for  mail  facilities  rather  than  for  the  benefit  of  the 
British,  Chinese,  or  any  other  people.  Sir,  let  this  system  of  ex- 
penditure expand  and  increase— let  the  apex  of  this  pyramid  rise 
within  the  public  view,  and  it  will  be  struck  down.  Whenever 
the  people  find  that  their  petitions  and  memorials  for  new  mail 
routes  are  passed  by  unnoticed,  whilst  millions  of  the  public  money 
are  voted  to  send  letters  to  China  and  Great  Britain,  they  will 
soon  legislate  this  law  from  the  statute  book,  and  annul  the  con- 
tracts. Sir,  I  array  the  internal  country  against  the  outer  world 
in  this  competition  fir  post  olfices?  I  claim  for  America  the  facili. 
ties  and  mail  accommodations  which  this  government  can  alionl 
to  give.  I  put  up  the  claims  of  the  American  ]ieople  in  rivalry  to 
and  against  the  claims  of  the  whole  human  race  on  the  other  side 
of  the  globe  for  the  expenditure  of  the  public  money  of  this  coun- 
try in  the  transportation  of  the  mails.  Sir,  for  one,  I  must  say, 
that  this  job-giving  legislation  of  ours  is  doing  the  treasury  of  this 
country  more  harm,  so  far  as  the  financial  action  of  the  govern' 
ment  is  considered,  than  any  other  branehof  its  legislation. 

There  are  two  sources  of  revenue,  one  source  is  derived  from  the 
public  lands.  In  the  administration  of  the  public  land  recently  ac- 
quired— where  the  expense  of  surveying  will  equal  the  income  to 
be  derived  from  the  sale  of  the  lands — the  fund  or  revenue  will  be 
diminished  rather  than  increased.  The  other  source  from  which 
revenue  is  derived,  is  the  custom  house  ;  and  who  wants  the  old 
fashioned  discriminating,  bounty  giving  system  of  the  tarifl' restor- 
ed ?  Who  desires  to  see  a  resort  to  that  exploded  and  nation-con- 
demned system  of  tariff  duties  by  which  it  costs  ninety  millions  of 
dollars  to  get  thirty  millions  into  the  Treasury  ?  Whoever  desires 
to  sec  such  a  spectacle  is  the  man,  and  the  only  man  who  is  jus- 
tified in  voting  for  such  an  appropriation  as  this.  Who  is  it  that 
wants  to  see  this  government  expending  money  with  one  hand 
while  it  borrows  with  tlie  other  ?  Who  is  it  that  wishes  to  see 
this  government  eomiiK'neing  a  .system  of  public  debt — a  system 
which  has  brought  England  within  a  step  of  her  utter  downfall, 
and  under  which  she  will  sink  during  the  present  generalion  of 
her  people — predicated  upon  the  idea  that  so  long  as  government 
can  borrow  money,  people  may  imporlune  and  hold  eut  induce 
ments  fur  them  to  spend  it  ?  If  there  be  any  man  who  is  desirous 
ol  looking  upon  tlio  spectacle,  then  there  is  another  person  jiisti- 
(icd  in  vo:ing  to  sustain  this  corrupting  system.  Or  if  there  be  a 
man  who  is  anxious  to  resort  to  the  only  human  means  Icit  lo  rev 
|ilenisli  the  Treasury — direct  taxation  upon  the  people,  let  that 
man  stand  up  and  proclaim  it,  and  ho  will  bo  Justificil  also  in  sus- 
taining this  system  j  but  no  other  man  is.  Sir,  you  have  a  luighly 
interest  banded   together  to  sustain   this  system,  including  all  tlio 


stock  jobbers  and  contract  getters  in  the  land.  You  are  offering 
your  bounty  to  sharp-sighted  keen-witted  men,  to  get  together  and 
devise  schemes  to  rob  the  public  Treasury  in  the  form  of  estab- 
lishing these  routes,  so  as  lo  make  them  as  numberless  as  the 
lines  on  the  surface  of  our  globe.  Sir,  mark  the  progress  you  are 
likely  to  make  in  this  .system  of  expenditure,  and  compare  it  with 
the  progress  you  have  made  during  the  four  years  of  time.  You 
commenced  it  in  the  fornr  of  a  small  favor  to  facilitate  the  trans- 
portation of  a  single  mail,  and  in  four  years  time  there  is  a  de- 
mand of  thirteen  hundred  thousand  dollars  upon  the  Treasury  to 
sustain  a  system  which  threatens  an  enormous  and  a  dangerous  in- 
crease through  all  future  time.  This  system  must  be  stopped, 
otherwise  it  will  compel  us  to  borrow  money  to  keep  it  up,  while  at 
the  same  time  from  this  expenditure  of  means,  we  will  have  to 
keep  down  our  own  post  offices.  Sir,  this  day  I  make  an  issue  be- 
tween the  internal  and  external  post  offices  of  this  country,  as  be- 
tween the  American  people  on  the  one  side,  and  the  external 
world  on  the  other — and  claim  that  this  one  million  and  a  half  of 
money  shall  be  expended  for  the  accommodation  of  the  people  of 
the  United  States,  and  not  for  the  accommodation  of  the  world  at 
large. 

Mr.  DOUGLAS. — Inasmuch  as  the  passage  of  the  bills  estab- 
lishing these  lines  of  mail  steamers  in  the  other  branch  of  Congress, 
was  owing  in  some  degree  to  the  strenuous  support  which  1  gave 
to  the  measure,  there  may  be  some  propriety  perhaps  in  my  offer- 
ing a  few  remarks  in  reply  to  the  statements  of  the  honorable 
gentleman  from  Ohio.  He  appears  to  have  demonstrated  to  his 
own  satisfaction — but  I  trust  not  to  the  satisfaction  of  the  Senate 
or  the  country — that  this  whole  system  of  ocean  mail  steamers  is 
a  gross  violation  of  the  constitution.  He  has  made  an  appeal  to 
the  great  West,  and  announced  that  he  has  made  an  issue  between 
''internal  Ameiica  and  the  external  world."  Of  course  he  takes 
the  side  of  America.  But  I  am  not  exactly  wdling  to  admit  that 
in  voting  for  these  lines  of  mail  steamers,  and  in  taking  a  deep 
and  abiding  interest  in  their  success  I  was  arraying  myself 
against  the  interests  of  iny  own  country  ;  and  I  confess  I  am  not 
altogether  able  to  comprehend  the  force  of  his  constitutional  ob- 
jection. The  gentleman  asserts  that  tliere  are  but  two  clauses  of 
the  constitution  upon  which  we  could  predicate  this  bill.  He  then 
quotes  the  provision  authorizing  the  establishing  of  post  routes, 
and  the  other  giving  Congress  the  authority  to  regulate  com- 
merce with  foreign  nations.  He  says  he  will  not  enter  into  a  de- 
tail of  his  views  to  show  the  unconstitutionality  of  this  system, 
but  he  denies  emphatically  that  either  of  these  clauses  con- 
fers the  power  to  establish  it.  Now  the  first  clause  conveys 
the  power  in  so  many  words,  and  he  himself  in  reading  the  con- 
stitution was  arrested  by  it — was  obliged  to  quote  it,  and  then 
found  it  convenient  to  refrain  from  any  attempt  to  disprove  the  ex- 
istence of  the  power.  After  quoting  these  two  clauses,  he 
informed  us  that  in  his  opinion,  this  power  could  not  be  exercised 
under  the  authority  of  the  Post  Office  Department,  because  the 
government  was  induced  to  adopt  the  system,  not  from  any  paltry 
consideration  of  dollars  and  cents,  but  from  a  great  leading  princi- 
ple of  policy,  with  a  view  to  the  creation  of  a  navy.  Ah  .'  So, 
then,  he  has  discovered  that  this  is  a  bill  to  establish  a  navy.  It 
seems  to  me  he  might  have  read  another  clause  of  the  constitu- 
tion which  says,  that  Congress  shall  have  power  to  establish  a 
navy,  and  his  constitutional  objections,  might,  in  that  W'ay,  have 
been  entirely  removed.  I  supported  this  system  upon  the  three 
grounds  to  which  he  has  alluded — first,  as  a  measure  for  the  pur- 
[tose  of  increasing  mail  facilities  between  America  and  all  other 
jiarts  of  the  civilized  globe  ;  secondly,  for  the  purpose  of  extend- 
ing our  commerce,  our  tonnage,  and  our  commercial  intercourse 
throughout  the  whole  world,  making  us  the  first  maritime  power 
of  the  globe  ;  and,  thirdly,  for  the  purpose  of  creating  the  most 
powerful  navy,  with  the  most  economical  expenditure  of  money. 
I  firmly  believe,  that  all  these  important  objects  may  be  effectual- 
ly accomplished  by  this  system,  which  the  gentleman  from  Ohio 
has  so  vehemently  denounced.  By  the  exjienditure  of  the  money 
called  for  by  these  bills,  you  set  afloat  ten  steam  ships,  ready  for  the 
defence  of  this  country  in  the  time  of  war — for  the  extension  of  our 
commerce  in  time  of  peace— for  the  transportation  of  passengers 
and  mails  throughout  the  globe.  Your  navy  is  thus  increased  by 
the  addition  of  these  ten  vessels,  fitted  for  all  these  useful  pur- 
poses, whereas,  in  the  old  mode  of  building  up  your  navy,  only  one 
ship  of  war  could  have  been  added  by  the  same  expenditure. 

But  the  gentleman  says,  that  if  the  object  be  to  create  a  nav)', 
he  wishes  no  partnership  of  the  government  with  individuals. 
He  entertains  a  great  horror  of  these  "  contracts,"  and  "  sloek- 
jobbing  affairs."  He  sees  fraud  in  every  contract.  Does  the 
gentleman  mean  to  say  that  there  were  no  contracts  under 
the  old  system  of  ship  building  by  the  Navy  Department  ? 
Were  there  no  "fat  jobs"  then  dealt  out  to  the  contractors 
who  swarmed  around  your  halls  ?  Were  there  no  persons 
appealing  to  you  for  permission  to  build  your  national  ships 
as  an  improved  model  ?  I  wonder  if  the  gentleman  himself  was 
not  then  as  much  besieged  by  contractors  looking  for  '*  fat  jobs  " 
and  expecting  to  make  fortunes  out  of  the  government,  as  under 
the  present  system.  Have  we  not, had  in  this  war  all  the  private 
establishments  for  tha  manufacture  of  munitions  of  war,  in  the 
imployment  of  the  government  at  enormous  prices  ?  How  many 
private  ships  have  been  chartered  by  the  government  for  the  pur- 
pose of  carrying  supplies  and  acting  as  transports,  at  an  expendi- 
ture of  each  trip  td'  nearly  as  much  as  the  vessel  originally  cost  ? 
In  all  this,  has  there   been  no  speculating  out  of   the  government, 


July  20.J 


NAVAL  ARPROPRIATION  BILL. 


905 


which  might  have  been  avoided  if  there  had  been  thirty  or  forty 
mail  steamers,  of  which  the  government  could  have  availed  itself 
without  increasing  this  immense  extra  expenditure,  and  have 
saved  millions  in  this  war,  if  the  system  of  ocean  mail  steamers 
had  been  in  operation  when  the  war  coiumenced  ?  But  the  gen- 
tleman goes  on  to  say,  that  in  adopting  this  system  we  are  aping 
Great  Britain,  and  that  nine-tenths  of  all  our  bad  laws  were  bor'^ 
rowed  from  some  sort  of  British  precedent.  Ho  mi"ht  have  "one 
further  and  said  that  nine-tenths  of  all  our  good  laws  came  from 
the  same  source.  Just  look  at  the  gentleman's  argument  ?  Be- 
cause some  of  the  laws  of  Great  Britain  are  not  adapted  to  our 
system  of  government,  we  must  reject  every  thing  that  is  good  in 
her  policy;  because  the  political  principles  of  Great  Britain  are  in 
a  great  measure  antagonistic  to  ours,  it  therefore  follows,  that  the 
great  principles  of  commerce  and  trade  which  are  universally  re- 
cognized throughout  the  globe,  aro  to  bo  reversed  by  us,  because, 
adopted  by  Great  Britain  !  To  carry  out  his  views  consistenly, 
the  gentleman  should  refuse  to  speak  the  same  language  which 
prevails  in  Great  Britain;  he  should  call  upon  us  to  repudiate  any 
system  of  religion  professed  in  Great  Britain  ;  he  should  di- 
rect our  sailors  to  abandon  the  nautical  instruments  which 
may  be  used  in  Great  Britain,  and  refuse  sail  by  the  same  com- 
pass. The  gentleman  could  hardly  have  been  serious  in  usin" 
such  an  argument.  One  of  the  moat  forcible  reasons  which 
can  bo  urged  in  favor  of  these  steam  lines  is  to  be  found  in 
the  fact  that  Great  Britain  has  adopted  the  system  and  has  prose- 
cuted it  with  so  much  energy  and  success.  It  is  only  a  part  of 
that  sagacious  policy  which  has  extended  the  oommerce  ol  Great 
Britain  to  every  part  of  the  habitable  globe.  She  well  knows  the 
value  of  these  steamships,  afloat  on  every  sea.  They  constitute  a 
most  formidable  addition  to  that  power  which  she  possesses  on  the 
ocean,  by  which  she  is  prepared  to  resist  any  aggressive  policy,  or 
to  assail  any  who  attempt  to  thwart  her  views.  Are  we  to  re- 
main blind  to  the  advantages  of  such  a  system,  and  by  which  wo 
may  be  enabled  to  defend  our  commerce  and  our  coasts  ?  I  doubt 
much  whether  "'interna!  America"  would  like  very  well,  to  see  her 
coasts  surrounded  by  this  network  of  British  steamships,  guardinjj 
British  possessions  on  all  sides  of  us — hemming  us  in — monopoliz- 
ing the  trade,  and  diminishing  the  tonnage  of  our  own  country, 
whilst  we  stood  by  with  folded  arms,  destitute  of  any  power  ol 
resistance.  Great  Britain  has  possessions  all  around  our  borders 
— the  Canadas  on  the  north.  New  Foundland  and  Nova  Scotia  on 
the  northeast,  the  Bahamas,  Jamaica,  and  other  West  India  Is- 
lands on  the  south,  and  with  numerous  lines  of  mail  steam- 
ers, she  connects  them  all  together.  Yet  the  gentleman  .says  that 
in  following  this  policy  in  order  to  resist  encroachments  and  main- 
tain our  independence,  we  aro  merely  aping  Great  Britain.  No, 
sir  !  We  are  engaging  in  the  great  struggle  for  the  mastery  of 
the  seas — for  the  empire  of  the  ocean.  And  as  an  internal  Amer- 
ican— as  a  representative  of  tho  people  from  tho  great  West, 
where  the  gentleman  is  afraid  all  the  forts  are  to  be  broken  down 
if  this  svstem  is  sustained — t  feel  too  much  indignation  when  I  be- 
hold these  attempts  on  the  part  of  Great  Britain  to  monopolize 
trade  and  commerce,  to  remain  quiescent.  We  have  demonstra- 
ted that  we  are  the  first  power  upon  the  land — that  upon  this  con- 
tinent we  can  conquer  the  whole  world  if  they  will  come  hero  to 
fight  us.  Our  superiority  on  the  land  is  settled  ;  it  now  remains 
to  be  established  upon  the  ocean.  But  as  long  as  Great  Britain 
possesses  superior  steam  power  upon  the  ocean,  she  will  be  mis- 
tress of  the  seas.  The  wonderful  progress  of  science  and  the  arts 
in  our  day,  has  wrought  mighty  changes  in  the  means  of  offence 
and  defence  possessed  by  the  great  powers  of  the  earth.  Your  old 
sailing  vessels — your  old  ships  of  war,  built  for  an  ago  gone  by — 
have  become  comparatively  useless.  Steaiu  is  now  the  great  ele- 
ment, not  only  in  your  manufactories,  but  it  is  the  controlling 
agency  which  regulates  vour  commerce,  and  gives  victory  in  any 
contest  upon  the  seas.  Therefore,  we  must  aim  to  excel  in  this 
great  element  of  prosperity,  and  strength  upon  the  sea. 

I  feel  pecu'iar  satisfaction  in  being  able  to  say  that  I  have  sup- 
ported this  system  from  the  beginning.  I  have  given  it  an  ener- 
getic and  zealous,  though,  perhaps,  inellicient  support.  I  have 
been  its  steady  and  unslirlnking  friend,  and  nothing  which  has  fal- 
len from  the  Senator  from  Ohio  has  in  the  least  degree  shaken  my 
confidence  in  it.  The  gentleman  tells  us  that  there  will  never  be 
occasion  to  call  for  one  of  these  steam  vessels,  to  be  employed  in 
carrying  the  mail,  though  at  the  same  time  subject  to  our  command 
the  day  that  war  is  declared,  or  sooner  if  the  President  gives  the 
order.  I  trust  in  God  there  never  will  be  such  a  necessity.  But 
if  we  really  desire  that  state  of  things,  we  can  secure  it  only  by 
being  prepared  for  war  at  any  instant,  and  by  satisfying  the  Eu- 
ropean world  that,  whilst  they  coalesce  and  intriiiue  ui  order  to 
regulate  the  balance  of  power  on  that  continent,  they  must  mind 
their  own  business  and  let  America  alone.  We  can  only  secure 
honorable  peace,  by  convincing  others  that  it  is  their  interest  to 
refrain  from  encroachments  or  any  aggressive  policy  upon  us — by 
satisfying  them  that  we  have  the  power  of  avenging  the  first  in- 
suft — that  we  have  the  means  at  hand,  not  merely  to  resist,  but 
to  chastise  the  first  invasion  of  our  rights.  That,  1  repeat,  can  be 
done  only  by  the  possession  of  a  steam  navy. 

But  the  Senator  from  Connecticut  insists  that  in  this  case  we 
build  the  vessels  ourselves,  whereas  they  should  have  been  built  by 
tho  private  contractors.  I  do  not  admit  this  proposition.  By 
these  contracts  the  contractors  were  bound  to  construct  the  ves- 
sels at  their  own  expense;  but  in  accordance  with  the  mode  pre- 
scribed by  the  Navy  Department  when  constructed  and  put  afloat, 
A  naval  was  officer  to  bo  received  on  board  with  instructions  in  his 
30th  Cono,— 1st  Session— No.  114. 


pocket  from  the  head  of  the  Navy  Department,  authorizing  him  to 
take  command  whenever  the  interests  of  the  country  might  demand 
it  and  the  contingency  pointed  out  in  his  instructions  presented 
itself.  A  doulile  advantage  is  secured  by  this  arrangement.  Ves- 
sels are  always  ready  and  fit  for  sea  ;  whereas,  if  built  at  your 
own  expense',  and  laid  up  in  year  docks,  when  the  period  arrives 
when  they  are  needed,  you  find  that  they  have  rotted  down,  that 
ollicers  and  crews  must  be  procured,  and  months  elapse  before  the 
vessels  can  be  fitted  for  sea  and  put  afloat.  But  these  steam  ves- 
sels are  always  afloat — with  the  crews  aboard — ammunition  and 
fuel  stored — steam  up— ready  for  use  at  any  moment.  Again  : 
as  steam  has  now  become  a  snbstitute  for  sailing  power,  it  be- 
comes necessary  to  educate  your  naval  officers  anew.  Your  old 
commodores,  post  captains,  and  captains  who  have  commanded 
during  their  lives  upon  the  briny  ocean  the  old  fashioned  vessels, 
know  nothing  of  the  steam  vessels.  You  must  educate  your  naval 
officers  in  the  principles  of  steam  navigation.  These  steam  lines 
aflord  the  moans  of  giving  these  officers  that  experience  in  tho 
management  of  steam  ships,  which  is  now  absolutelj' necessar\'. 

There  was  a  stranire  incongruity  in  his  argument — if  I  may  be 
allowed  lo  say  .so  with  perfect  respect  to  the  Senator  from  Ohio. 
He  went  on  to  prove  in  the  first  place,  that  if  tho  object  of  this 
system  was  to  make  money  in  carrying  ihc  mails,  the  whole  jilan 
was  wrong,  because  this  government  had  no  right  to  enter  into 
competition  with  private  individuals  in  carrying  papers  and  mails, 
any  more  than  in  conveying  flour,  beef  or  pork.  He  said  it  was  a 
sort  of  stock  jobbing  business  on  the  part  of  the  government,  and 
ho  was  entirely  opposed  to  tho  government  becoming  a  money 
making  machine.  The  most  efficient  part  of  the  gentleman's  ar- 
gument was  based  upon  that  assumption.  After  proving  conclu- 
sively that  it  was  wrong  to  go  into  that  system  of  monev  makin" 
tho  gentleman  with  great  ingenuity,  took  another  tack,  and  mada 
a  calculation  that  tho  system  would  cost  tho  government  a  million 
and  a  half  per  annum,  without  a  dollar  of  income.  These  propo. 
sitions  destroy  each  other — both  can  not  be  true,  and,  as  I  firmly 
believe,  neither  of  them  can  be  sustaiued.  No  friend  of  this  sys- 
tem ever  expects  that  it  will  be  a  ^ourcc  of  money  making.  BuC 
directly  in  the  f  ice  of  his  denunciation  of  this  system,  as  a  money- 
making  one,  in  which  the  f^overnmcnt  should  not  engage,  the  gentle- 
man made  a  gloomy  allusion  to  the  public  debt  of  Kngland,  and  ra- 
raarked  that  if  we  wished  to  create  a  similar  debt,  it  was  necessa- 
ry only  to  adopt  the  same  system  which  had  produced  it  there, 
lioes  the  gentleman  need  to  be  informed  that  this  system  of  sleam 
ocean  navigation  never  produced  a  dollar  of  debt  in  England,  and 
that  the  public  debt  of  that  country  was  created  by  very  different 
causes?  Here,  however,  is  tho  incongruity  in  the  argument  of 
the  gentleman  to  which  I  alluded;  in  one  lireath  lie  denounces  tho 
system  as  a  money  making  one,  and  in  the  next  ho  assures  us  that 
it  will  involve  us  in  a  public  debt.  The  friends  of  the  system  do 
not  anticipate  that  it  will  do  more  than  pay  its  way,  and  that  is 
all  they  desire.  They  do  not  seek  to  make  it  a  source  of  revenue. 
They  vi-ish  it  to  be  managed  as  the  Post  Olhce  Department  is  man- 
aged— as  the  revenue  increases,  the  rates  of  postage  are  lo  be  re- 
duced, and  the  system  made  merely  to  support  itself. 

The  gentleman  is  entirely  mistaken  wlum  he  represents  this  as 
a  stock  jobbing  system.  It  is  precisely  analagous  to  the  employ- 
ment of  a  stage,  steamboat,  or  railroad  car  for  the  transportation 
of  the  mail  We  pay  so  much  to  the  contractor  for  the  service, 
and  receive  the  proceeds  of  the  mails.  Is  not  the  Senator  aware 
that  England  has  been  endeavoring  to  secure  a  monopoly  in  the 
transportation  of  letters  across  the  Atlantic  ?  Does  he  desire  that 
she  should  succeed  in  that  effort  ?  Our  self-respect,  our  feeling  of 
national  pr.dc,  justice  to  our  fellow  citizens — the  clearest  princi- 
ples of  public  policy,  all  demand  the  continuance  of  this  system. 
Borrowing  a  favorite  expression  of  tho  Senator  from  Ofiio,  I  would 
sav  that  ilesliny  demands  it.  If  we  are  to  become  that  ocean 
bound  republic — extending  from  the  Atlantic  lo  the  Pacific,  of 
which  we  have  heard  so  much,  if  we  are  to  blot  out  the  red  lines 
from  the  map^,  and  obtain  the  mastery  of  this  entire  continent, 
realizing  that  glorious  future  which  has  formed  the  theme  of  some 
of  the  most  eloquent  speeches  of  the  Senator  from  Ohio,  I  can  as- 
sure him  that  ail  this  is  to  be  attained,  only  by  acquiring  that  as- 
cendency on  the  seas  which  we  have  secured  upon  the  land.  If, 
on  the  other  hand,  we  remain  with  folded  arms,  and  suffer  Eng- 
land to  go  on  extending  her  maratime  jiower  with  her  one  hundred 
or  two  hundred  steamers,  and  we  should  happen  to  come  into  col- 
lison  with  hor,  what,  1  ask,  then  becomes  ol  your  eight  hundred 
whale  ships  in  tho  Pacific  ocean,  your  forty  thousand  American 
citizens  there,  and  your  twenty  millions  of  American  capital  afloat 
upon  those  seas  ?  How  is  tho  gen'leman  to  carry  out  his  favorite 
views  of  progress  and  extension,  in  which  I  most  cordially  concur, 
unless  we  should  be  able  to  cope  with  any  power  on  the  high  seas? 
That  equality  can  be  obtained  only  by  fostering  and  extending  our 
steam  marine  ;  and  that  great  object  can  be  obtained  under  this 
system  of  mail  steamers,  at  one  tenth  the  cost  of  any  other  system 
which  can  be  proposed.  Every  consideration  then,  of  national 
policy  and  self-interest,  our  pride  as  American  citizens,  and  our 
obligation  to  extend  and  perpetuate  our  glorious  institutions,  re- 
quires us  to  bestow  a  sustaining  and  fostering  care  upon  this  sys- 
tem of  ocean  steam  navigation.  I  do  not  desire  its  abuses  to  be 
sustained  or  tolerated  ;  but  its  great  inherent  merits,  I  desire  to 
be  acknowledged  and  sustained.  If  experience  discovers  abuses, 
let  them  be  removed  :  let  excrescences  be  lopped  ofl"  as  they  pre- 
sent themseves,  but  do  not  because  of  them,  destroy  this  system. 
As  a  western  man  coming  from  the  prairies,  where  the  popula- 
tion is  spare,  and  we  have  just  ground  of  complaint  on  acgount  of 


906 


NAVAL  APPROPRIATION  BILL. 


[Thursday, 


insufficient  mail  service,  I  must  declare  that  I  am  nnt  to  be  rallied 
under  an  internal  banner,  against  the  Atlantic  States,  on  a  ques- 
tion of  so  ffreat  national  importance.  In  this  system,  sir,  the 
•western  States  have  really  more  interest  than  those  upon  our  At- 
lantic border.  The  West  is  a  great  producing  country.  We  raise 
from  the  teeming  earth  provision  enough  to  feed  the  world.  Of 
course  we  want  a  market,  and  unless  that  be  opened  to  us,  our 
productions  are  of  comparatively  little  value.  Extend  your  com- 
merce— your  tonnage — your  marine  power,  and  you  open  to  us  a 
market.  Steam  is  the  great  agency  by  which  your  commerce  is 
to  be  extended,  and  therefore  the  people  of  the  West  are,  of  all 
others  in  this  land,  interested  in  the  extension  of  our  trade  and 
commerce  by  means  of  this  great  element  of  commercial  power  in 
modern  times. 

I  did  not  intend  to  say  a  word  on  this  bill,  but  it  so  happened 
— as  I  have  already  remarked— that  when  a  member  of  the  House 
of  Representatives,  it  was  my  fortune  to  take  some  part  in  the 
support  of  the  measure  when  first  presented  to  the  consideration 
of  Congress.  In  the  efforts  whicli  1  then  made  to  establish  the 
systemTl  acted,  amongst  others,  with  a  Senator  whom  I  have  now 
the  pleasure  to  see  here.  I,  therefore,  felt  it  to  be  my  duty  to  op- 
pose any  attempt  to  cripple  the  .system  until  it  had  a  fair  trial.  If 
It  prove  a  failure,  I  shall  be  among  the  first  to  acknowledge  ray 
error  ;  but  now  that  tlie  system  has  been  commenced,  I  demand 
lor  it  a  fair  trial,  believing  that  a  short  time  will  demonstrate  who 
have  been  right  and  who  have  been  wrong  in  regard  to  its  import- 
ance in  eveiy  point  of  »lew. 

Mr.  CALHOUN  said  that  when  the  bill  first  came  before  Con- 
gress ho  opposed  its  passage  ;  but  as  it  had  become  a  law,  and  as 
he  maintained  the  principle  that  encouragement  should  be  extend- 
ed to  contractors  in  the  faithful  performance  of  their  contracts,  he 
felt  disposed  to  vole  in  favor  of  the  proposition  now  before  the  Se- 
nate. In  this  determination  he  was  strengthened  by  the  fact  that 
the  proposition  had  met  with  the  approbation  of  the  head  of  iho 
department.  Ho  would,  therefore,  vote  in  favor  of  giving  this  ad- 
vance to  the  contractors. 

Mr.  BENTON  remarked  that  his  opinions  with  respect  to  the 
system  had  not  been  changed.  He  was  in  favor,  however,  of  go- 
in"  on  and  perfecting  the  contracts  which  had  been  made.  He 
was  the  more  disposed  to  do  so  from  the  consideration,  that  if  this 
experiment  were  successful,  great  facilities  of  communication  with 
a  vast  territory  belonging  to  the  United  States,  three  thousand 
miles  off"  by  land,  would  be  aflbrded.  He  would,  therefore,  vole 
in  favor  of  the  advance. 

Mr.  DAVIS,  of  Massachusetts,  supported  the  amendment  of  the 
Senator  from  Connecticut.  He  would  execute  the  contract  with 
fidelity — carry  it  out  to  the  letter  ;  but  accordmg  to  his  present  in- 
formation, he  was  not  prepared  to  give  the  advance  which  was 
asked.  It  was  desirable,  he  thought,  to  have  a  little  more  light 
upon  the  subject. 

Ml .  UNDERWOOD  said  he  would  vote  for  the  amendment. — 
He  was  opposed  to  giving  the  advance,  the  interest  on  which 
would  be  equivalent  to  an  hundred  dollars  a  month.  He  presented 
a  statement  of  the  various  laws  which  had  been  passed  upon  this 
subject,  and  spoke  of  the  very  great  increase  in  the  appropriation 
required  for  the  support  of  these  steam  lines.  He  thought  that 
the  packets  advertised  to  sail  daily  and  weekly  from  New  Orleans 
and  New  York  might  be  employed  in  the  transportation  of  the 
mails  at  a  much  smaller  expenditure  than  that  now  required.  He 
hoped  that  the  expectations  of  his  friend  from  Illinois  might  be  re- 
alized, but  it  seemed  to  him  that  the  enterprize  had  commenced 
under  very  unfavorable  auspices. 

Mr.  HALE  strenuously  supported  the  proposition  to  allow  an 
advance  to  the  contractors,  in  order  to  enable  them  to  carry  out 
their  contract  with  the  greatest  possible  advantage  to  the  govern- 
ment. As  to  the  amount  of  expenditure  necessary  to  sustain  these 
steam  lines,  he  regarded  it  as  applied  to  a  most  useful  purpose.  It 
was  taking'a  part  of  the  immenseexpenditurcof  the  government  and 
applying  it  to  the  useful  purposes  of  progress — the  extension  of 
commerce  and  the  cultivation  of  the  arts  of  peace,  which  tended 
to  elevate  instead  of  degrading  mankind.  The  advance  had  been 
recommended  by  the  department  itself,  and  he  should  like  to  know 
wherein  the  inequality  or  impropriety  in  making  that  advance  con- 
sisted. 

Mr.  NILES  said  that  he  was  somewhat  surprised  that  his  two 
friends  on  that  side  of  the  chamber,  who  had  been  so  decidedly  op- 
posed to  the  whole  system  when  it  was  first  presented  a  few  years 
a'^o,  and  one  of  whom,  he  believed,  had  donounced  it  as  a  hum- 
bu",  should  have  become  so  signally  converted  to  it  that  they 
were  willing  to  sanction  a  principle  unknown  in  this  government, 
HOW  proposed  to  be  applied  to  it.  His  friend  from  New  Hamp- 
shire must  have  got  a  little  out  of  his  reckoning,  for  here  there 
were  neither  free  soil  nor  free  territory,  no.-  free  trade,  but  there 
was  a  monopoly  to  be  sanctioned  by  this  government.  There 
was  no  precedent  for  this  proposed  advance;  and  ha  saw  nothing 
whatever  to  justify  it  in  the  present  case. 

He  had  another  amendment  which  he  intended  to  olTcr,  whether 
the  one  then  before  the  Senate  prevailed  or  not,  limiting  all  these 
contracts  to  a  period  of  five  year?  The  contract  had  been  made 
criminally  for  ten  years,  because  tlio  contractors  would  consent  to 
no  other  terms  ;  and  a  sort  of  compromise  had  been  made  that  the 
extension  to  ten  years  would  be  subjeia  to  the  action  of  Congress 
Bt  the  present  session.     If  the  appropriation  were  made  wiUiout 


action  on  that,  it  would  be  cofirmation  of  the  terms  of  the  con- 
tract. 

Mr.  YULEE  said  that  in  some  of  the  views  of  the  Senator  from 
Connecticut  he  fully  concurred,  while  there  were  others  to  which 
he  could  not  give  bis  assent.  It  was  in  the  power  of  Congress  to 
reduce  the  term  of  the  contract,  but  he  did  not  think  it  expedient 
to  exercise  the  power.  The  parties  had  discovered  great  fidelity, 
and  built  fine  vessels,  which  were  now  nearly  ready  for  the  ser- 
vice. But  ho  did  concur  in  the  amendment  to  strike  out  the  al- 
lowance of  an  advance.  Such  an  advance  would  be  in  violation  of 
that  sound  policy  which  had  been  observed  by  the  government 
with  great  careliilness  from  the  earliest  period.  He  referred  to 
the  special  provisions  made  in  1823,  prohibiting  advances  upon 
contracts.  There  was  no  tightness  in  the  money  market  now, 
and,  therefore,  the  reason  urged  in  the  early  part  of  the  session 
for  making  the  advance  did  not  now  exist.  He  thought  it  would  be 
very  bad  policy  in  the  government,  at  a  time  when  it  was  paying 
a  high  rate  ol  interest  for  money,  to  borrow  money  for  these  gen- 
tlemen. 

It  was  alleged  that  because  of  the  enlargement  in  the  size  of  these 
vessels.  Congress  should  make  the  advancement  proposed.  Now, 
this  enlargement  had  not  only  been  made  without  the  concurrence 
of  the  olfice's  of  the  government  in  the  Navy  Department,  but  in 
one  of  the  cases  it  was  made  in  direct  violation  of  the  purpose  and 
spirit  of  the  act  of  Congress.  This  was  the  case  with  the  line  from 
New  York  to  Liverpool,  where  enlargements  had  already  been  made 
to  an  enormous  extent.  The  Great  Britain  had  been  found  to  be  alto- 
"•elher  toocumbersome  for  the  advantageous  navigation  of  the  ocean. 
These  steamers  were  intended  to  furnish  an  addition  to  the  means 
of  coast  defence — were  intended  to  bo  useful  on  our  coast  as  war- 
steamers  Yet  these  vessels  had  been  made  of  such  a  size  as  that 
it  rendered  it  impossible  to  apply  them  to  that  purpose.  There  were 
not  not  more  than  two  or  three  ports  upon  the  Atlantic  coast  that 
could  be  entered  by  these  vessels.  Charleston  harbor  could  not  be 
entered  at  low  water,  and  Savannah  harbor  might  be  touched  at 
but  could  not  he  entered.  It  was  the  intention  of  Congress  that 
both  of  these  ports  should  be  entered  by  these  vessels.  He  had 
noticed,  since  the  suggestion  of  this  proposition  of  mail  steamers, 
that  several  of  the  leading  newspapers  in  the  United  States  had 
taken  ground  against  it  as  an  interference  with  private  enterprise 
by  Congress.  He  hazarded  nothing  in  saying  that  if  the  original 
terms  oT  the  contract  were  to  be  departed  from,  that  the  govern- 
ment owed  it  to  itself,  the  Treasury,  and  the  people  of  the  country, 
from  whose  pockets  the  money  was  to  be  derived,  that  in  making 
these  advances,  they  should  be  made  on  terms  that  would  be  ad- 
vantageous to  the  public  Treasury.  If  we  were  to  make  these  ad- 
vances he  would  undertake  to  say  that  the  service  could  and  would 
be  undertaken  by  competent  men  for  a  sum  less  than  three-fourths 
of  that  now  proposed.  If  we  wero  to  alter  the  terms  of  the  origi- 
nal contract  and  make  advances,  he  would  say  again  throw  open 
the  contract  to  competition,  and  let  these  parties  come  in  upon 
more  equal  terras.  These  contractors  had  it  in  their  power  to 
have  revoked  these  proposals  if  they  were  not  found  to  be  advaii- 
tao-cous.  They  were  entered  into  by  the  contractors  with  a  lull 
knowledge  of  their  abtility  to  carry  them  on  or  not;  and  therefore 
neither  of  them  had  any  right  to  come  to  Congress  and  ask  relief 
from  the  binding  responsibility,  which  was  on  their  part  voluntarily 
assumed,  alter  deliberate  consideration. 

Mr.  CLAYTON. — A  matter  of  grave  consideration  in  the  dis- 
cussion of  this  question  is,  whether  we  shall  not,  by  abandoning 
this  system  of  mail  steamers — which  I  apprehend,  from  the  non- 
payment of  these  advances,  there  is  some  danger — give  up  the 
carrying  trade  of  this  country  to  England.  We  can  compete  with 
the  British  steamers,  in  steamers,  if  we  choose,  for  the  carrying 
trade,  but  not  with  packet  ships.  England  is  thus  getting  up  a 
steam  navy  at  our  expense,  and  at  the  expense  of  the  great  carry- 
in"  trade  of  the  country.  They  have  already  made  the  expenses 
of  their  steamers  and  some  five  millions  over.  I  know  no  other 
way  of  maintaining  the  carrying  trade  of  the  country  than  by  a 
svstem  of  mail  steamers.  It  is  objected  that  we  contracted  for 
steamers  of  1,8UU  tons,  and  that  they  have  been  increased  to  twen- 
ty-seven hundred  tons  in  size. 

Mr.  YULEE. — The  increase  in  the  size  of  these  ships  has  not 
been  made  at  the  instance  of  the  Navy  Department. 

Mr.  CLAYTON. — Well,  it  has  been  done  at  the  instance  of 
persons  in  the  interest  of  the  government.  Either  formally  or  in- 
formally the  infiuence  of  the  government  has  increased  the  size; 
and  I  think  it  was  highly  proper  that  the  size  should  bo  increased. 
Steamers  of  fifteen  hundred  tons  are  not  sutlicient  in  size  to  enter 
into  competition  with  British  steamers.  If  we  can  only  make  up 
our  minds  to  cooperate  with  the  energies  of  our  own  countrymen, 
as  the  English  government  do  with  theirs,  I  have  no  doubt  we 
can  successfully  compete  with  these  British  steamers  in  the  carry- 
ing trade. 

Mr.  BUTLER. — I  would  ask  what  security  or  lien  this  govern- 
ment has  on  these  ships;  and  what  prevents  the  selling  of  these 
ships  in  foreign  ports  ? 

Mr.  ATHERTON.— I  suppose  the  Secretary  will  make  all  the 
necessary  provisions  with  the  contractors  for  the  entire  security  of 
the  government.  There  is  a  provision  in  the  contract  which  pro- 
vides that  the  money  advanced  shall  be  secured  to  the  government 
by  a  lien  upon  the  ships,  according  as  the  Secretary  of  the  Navy 


July  20. J 


NAVAL  APPROPRIATION  BILL. 


907 


shall  require.  The  twenty-five  thousand  dollars  per  month  also  is 
to  be  advanced  until  the  ships  are  launched.  So  that  there  can  be 
no  doubt  of  the  safety  of  making  these  advances. 

Mr.  BRADBURY. — I  am  in  favor  of  observing  the  most  scru. 
pulous  good  faith  on  the  part  of  this  government,  in  carrying  out 
all  contracts  that  have  been  made  under  its  authnrity.  The  mo- 
tion of  the  Senator  from  Connecticut,  as  I  understand  it,  is  to  strike 
out  that  part  of  the  bill  which  provides  for  advances  being  made, 
these  advances  to  constitute  one  part  of  the  contract.  Now,  sir, 
these  advances  are  not  necessary  to  preserve  our  good  faith  ;  neith- 
er is  it  alleged  that  there  are  any  unnecessary  hardships  growing 
out  of  this  contract — that  it  is  a  hard  one,  or  that  the  government 
has  had  an  undue  advantage  in  the  transaction.  On  the  contrary, 
it  appears  that  the  contract  is  a  liberal  one  ;  and  yet  we  are  asked 
to  make  advances.  Now,  these  advances  <-ire  to  be  made  to  whom? 
Why,  to  the  assignees  of  the  contract.  It  appears  ihat  when  llie 
government  made  this  contract  it  contraoled  with  parties  that 
were  responsible.  These  responsible  parties  have  transferred  their 
contract  to  other  individuals,  who  now  apply  to  us  saying  they 
need  advances.  If  we  do  not  make  them,  what  follows  ?  Why, 
the  original  contractors  will  have  to  make  ihenj,  and  they  are  the 
ones  who  should  do  it.  It  is  a  mere  question,  then,  whether  the 
government  shall  make  these  advances,  or  the  original  coniract- 
in"  parties.  Sir,  if  wo  make  these  advances,  we  will  violate  a 
sound  principle  ;  and  we  may  rest  assured  if  we  begin  it  in  this 
case,  wo  shall  have  to  do  it  in  others  where  the  claims  arc  much 
stronger  upon  the  liberality  of  the  government.  Again,  we  not 
only  violate  a  sound  principle,  but  we  expose  ourselves  to  a  loss 
on  account  of  the  security.  The  language  of  the  act,  to  be  sure, 
is,  that  the  advances  are  to  be  secured  by  a  lien  on  the  ships.  But 
what  security  is  thai.  ?  Suppose  they  are  burnt  up,  the  govern- 
ment will  not  only  have  to  lose  the  interest  on  the  advances,  but 
stand  as  insurers  upon  the  ships  for  the  amount  of  the  advances. 
But  the  opinion  of  the  Secretary  of  the  Navy  has  been  presented, 
that  the  money  market  was  in  such  a  state  that  there  was  danger 
that  the  contract  could  not  be  continued,  from  the  inability  of  the 
contractors  to  obtain  funds.  Since  that  opinion  was  given  the 
state  of  the  money  market  has  changed.  The  danger  so  much 
feared  has  passed  away,  and,  therefore,  the  main  reason  on  which 
the  recommendation  for  advances  is  placed,  has  ceased  to  exist. 
I  hope  we  shall  preserve  these  contracts  in  good  faith,  and  carry 
them  out  as  they  were  originally  made  and  understood. 

Mr.  CALHOUN. — I  can  assure  gentlemen  that  I  had  no  idea 
of  perverting  or  misconstruing  the  tone  of  the  debate.  The  whole 
object  of  my  remarks  was,  to  bring  out  th»  true  state  of  the  case, 
inasmuch  as  my  understanding  of  it  heretofore  was  picked  up  m- 
formally.  I  now  understand  this  subject  before  ns  to  involve  three 
contracts.  For  one,  sir,  I  must  say  that  I  am  altogether  opposed 
to  making  the  advances  asked  for.  If  the  credit  of  the  individuals 
asking  for  advances  is  good  in  ordinary  times,  they  will  have  no 
dilHciilty  in  having  the  money  they  recpiire  loaned  them.  The  ap- 
plication for  these  advances  has  been  based  mainly  upon  the  ground 
of  the  tightness  of  the  money  market.  That  state  of  things  has 
passed  away. 

Mr.  CLAYTON. — I  would  state  to  the  honorable  Senator  from 
South  Carolina  that,  so  far  from  the  money  market  being  easy, 
the  rate  of  mterest  on  money  in  New  York  is  from  twelve  to  eigh- 
teen per  cent.  Within  a  few  days  past,  also,  the  government 
stock  has  fallen  from  three-quarters  to  one  per  cent. 

Mr.  CALHOUN. — I  do  not  think  at  any  rate  that  the  slate  of 
the  money  market  should  be  the  great  consideration  in  this  matter. 
Nothing  is  a  good  consideration  but  what  is  a  quid  pro  quo.  As 
to  this  whole  atTair  my  impressions  from  the  beginning  have  been 
against  it.  I  believe  now,  as  I  have  ever  believed,  that  it  would 
he  better  to  leave  the  matter  open  to  private  enterprise.  I  shall 
vote  in  favor  of  the  motion  made  by  the  Senator  from  Connecticut. 

Mr.  DIX.^My  position  is  directly  the  reverse  of  my  friend 
from  Missouri  on  my  left.  I  am  in  favor  of  the  establishment  of 
those  mail  lines,  and  opposed  to  making  the  advances  asked  for. 
In  184(j  when  this  same  subject  of  mail  steamers  was  up  from  the 
other  House,  I  then  said,  as  I  now  reiterate,  that  this  govern- 
ment, by  this  system,  may  be  provided  with  a  navy  of  steamers 
without"  making  any  advances  whatever;  and  that  these  vessels 
ought  to  be  buit  by  private  capitalists,  and  the  government  only 
required  to  pay  a  specific  sum  for  a  specific  service.  Contracts 
made  on  such  a  principle  I  would  stand  by,  and  as  the  contracts 
were  thus  made,  I  cannot  consent  to  the  allowance  of  these  ad- 
vances. The  Senator  from  Delaware  appears  to  think  that  if 
these  advances  are  not  made,  these  lines  will  be  broken  up.  or  as 
equivalent  to  the  abandonment  of  the  scheme.  I  do  not  so  consi- 
der it.  I  have  no  doubt  whether  we  make  advances  or  not,  that 
the  contractors  will  go  on  and  complete  the  vessels.  With  re- 
gard to  the  size  of  the  vessels,  the  same  remarks  that  apply  to 
this  line  are  applicable  to  the  Bremen  line.  That  line  has  m  fact 
constructed  two  vessels  and  put  them  in  operation  without  a  sin- 
gle dollar  of  advance  from  this  government.  It  is  the  only  line 
that  has  done  so.  The  third  vessel  now  upon  the  stocks  is  as 
much  larger  in  size  than  the  first  two  constructed  as  those  in  the 
present  case  are  larger  than  the  original  size  contemplated.  This 
increased  size  in  the  Bremen  line  has  been  found  to  be  necessary  ; 
a  larger  vessel  being  found  to  be  better  adapted  to  the  service. 

Mr.  WESTCOTT. — I   understood  that   this  Bremen   line  was 
established  for   the  purpose  of  having  the  vessels  to  use  when  ne- 


cessary in  our  navy.     I  would  ask  whether  these  ships  are  not 
now  owned  principally  by  the  foreign  authorities  of  Bremen  ? 

Mr.  DIX. — I  believe  such  is  the  case.  The  city  of  Bremen  has 
advanced  several  hundred  thousand  dollars  to  the  proprietors  of 
this  line.  What  security  they  have  given  I  know  not  ;  though  I 
think  it  has  some  lien  upon  the  stock,  that  it  is  hypothecated  to 
their  city.  I  do  not  know  the  amount.  With  regard  to  competi- 
tion I  think  It  may  be  questioned  whether  this  system  of  mail  lines 
under  the  care  of  the  government  does  not  interfere  with  private 
enterprise,  and  destroy  competition  from  private  companies  or  in- 
dividuals in  the  United  States.  Sometime  since  I  was  in  conver- 
sation with  one  of  the  largest  commercial  firms  in  the  United 
States.  They  told  me  that  they  were  very  desirous  of  establish- 
ing a  steam  mail  line  to  the  West  Indies.  Why  do  you  not,  I  ask- 
ed? Why,  they  replied,  the  government  may  make  a  contract 
with  some  other  parties  and  break  us  down  by  contributing  to  the 
maintenance  of  this  mail  service.  I  have  no  doubt  that  the  mo- 
ney required  by  these  men  may  be  had  at  any  time.  They  can 
easily  enter  into  an  arrangement  with  some  one  of  the  monicd 
men  in  New  York,  all  the  drawback  consisting  in  the  fact  that 
they  would  of  course  have  to  give  the  parties  making  the  advan- 
ces a  share  in  the   advantages  of  the  contract. 

Mr.  CLARKE. — Do  you  not  think  the  assignees  in  this  case 
are  responsible  men  ? 

Mr.  DIX. — I  have  made  no  enquiry  into  the  matter.  I  suppose 
they  are. 

Mr.  CLARKE. — I  have  no  doubt  of  the  fact.     I  know  them  to 

be  responsible  men. 

Mr.  WESTCOTT.— I  voted  originally  against  the  establish- 
ment of  the  Bremen,  and  all  these  schemes  of  ocean  mail  steam- 
ers, because  I  believed  then,  as  I  believe  now,  that  there  was  con- 
siderable hujubug  about  them.  But  we  have  got  into  the  system, 
and  I  am  for  getting  out  of  it  as  soon  as  I  can,  in  the  meantime 
doing  what  the  interests  of  the  country,  and  justice  to  the  con- 
tractors requires.  I  shall  vote  for  the  advances  which  the  honor- 
able Senator  from  Connecticut  moves  to  strike  out.  I  am  told 
that  all,  or  nearly  all  of  the  stock  of  the  Bremen  line  immediately 
after  it  was  got  up,  was  pledged  in  some  way  or  other  to  the  city 
of  Bremen  ;  so  tha'  to-morrow,  if  a  maratime  war  were  to  be 
commenced,  and  we  were  to  call  upon  the  proprietors  of  this  line 
to  fulfil  their  contract  to  this  government,  liy  furnishing  the  steam- 
ers for  the  use  of  the  navy,  they  would  not  be  able  to  do  it  if 
opposed  by  the  city  of  Bremen.  I  believe  in  these  advances  in 
Older  that  the  United  States  may  have  their  liens  upon  these 
steamboats  ;  for  not  having  thcin,  what  is  to  prevent  these  com- 
panies from  hypothecating  these  steamboats  to  foreign  govern- 
ments, thereby  disabling  themselves  from  fulfilling  the  contracts 
they  have  entered  into?  Sir,  I  voted  for  the  Chagres,  Panama, 
and  Astoria  line,  because  more  beneficial  to  the  people  of  the 
United  Stales,  particularly  than  the  foreign  lines,  and  because  of 
the  representation  of  the  contracting  parties,  that  they  would 
build  steamboats  of  a  certain  class.  I  should  not  have  voted  for 
it,  had  I  understood  that  they  intended  building  steamers  of  twen- 
ty-seven hundred  tons  burthen.  It  is  an  objection  with  me  that 
their  size  has  been  increased. 

As  the  bill  progresses,  some  other  amendments  will  be  offered, 
and  among  them,  I  propose  to  present  one.  I  shall  vote  for  this 
amendment  of  the  chairman  of  the  Committee  on  Finance,  and 
against  the  motion  of  the  Senator  from  Connecticut  to  strike  out. 
If  these  amendments  are  not  adopted  on  the  ultimate  considera- 
tion of  the  bill,  I  shall  vote  against  the  whole  concern. 

Mr.  DICKINSON. — I  have  never  favored,  never  intended  to 
favor,  any  of  these  systems  that  look  to  the  competition  by  gov- 
ernment with  private  enterprise.  I  expect  to  see  the  day  when 
the  whole  post  office  establishment  will  be  abolished,  and  the 
whole  matter  conducted  by  private  intlividuals,  with  more  econ- 
omy and  efficiency  than  it  can  be  done  by  this  government.  That 
time  has  not  yet  arrived,  however,  inasmuch  as  the  new  Stales  in 
the  West  desire  the  privileges  conlerred  upon  them  as  regards  mail 
facilities  that  have  hitherto  been  enjoyed  by  their  eastern  neigh- 
bors. Inasmuch,  too,  as  we  have  entered  upon  this  system,  I  say, 
for  one,  it  should  be  carried  out  in  good  faith,  until  the  West  have 
become  equal  recipients  of  its  benefits  with  the  Easi,  when  I  trust 
to  see  the  whole  system  abolished.  Now,  in  regard  to  tno  objec- 
tion raised  by  the  Senator  from  Connecticut,  which  is  to  strike  out 
all  the  proposed  advances  to  these  mails,  the  advances  being  three 
months,  two  months,  and  one  month  before  the  regular  payment, 
I  would  say,  that  as  we  have  entered  upon  the  system,  and  made 
contracts  for  carrying  the  mails,  inasmuch  hs  the  steamers  are 
building,  and  in  process  of  building,  let  us  make  the  advances 
asked.  I  believe  it  is  just  and  proper  so  to  do  under  the  circum- 
stances. .In  addition,  one  line  of  these  steamers  will  give  facili- 
ties to  emigrants  and  settlers  going  west  to  communicate  with 
their  friends  in  the  eastern  and  Atlantic  States.  Therefore,  I  leel 
it  is  incumbent  upon  me  not  only  to  give  facilities  for  going  there,  but 
to  give  good  facilities  for  holding  communication  with  them  after 
they  get  there.  I  do  not  assume  to  know  more  about  this  matter 
than  the  Secretary  of  the  Navy,  who  made  the  original  contracts, 
who  has  been  witness  of  the  assignment ,  and  whose  integrity,  ability, 
and  fidelity  is  vouched  for  by  Senators  on  this  fioor.  I  say  I  do 
not  undertake  to  know  more  than  he  does,  and  he  says  it  is  safe, 
and  just,  and  proper.    It  is  also  said  the  money  market  then  was 


..T.I 


908 


N'AVAL  APPROPRIATION  BILL; 


[Thuesdav, 


in  a  precarious  State — money  Jiflicult  to  bo  obtained — but  that  it  is 
not  so  now.  I  apprehend  that  that  has  very  little  to  do  with  the  ques- 
tion one  way  or  the  other.  The  money  market  is  fully  as  strin- 
<»ent  now  as  then,  and  it  fully  as  dillicult  for  mdividuals  to  raise 
money  on  this  kind  of  seeurity  now  as  then.  It  is  a  very  little 
matter,  it  seems  to  me,  to  advance,  for  a  short  time  prior  to  iis 
necessary  payment,  money  that  will  he  due.  Why,  the  matter  is 
discussed  as  if  it  were  a  question  of  the  appropriation  of  so  much 
money.  The  money  must  be  appropriated,  and  when  the  contracts 
come  due  the  Secretary  of  the  Navy  must  meet  the  demands  law- 
fully passed.  It  is  sugcested  that  these  steamers  may  be  taken 
away  or  burned.  The  Senator  from  Maine  inquires  what  will  be 
the  security  if  the  vessels  burn,  and  we  are  to  turn  insurers  ?  Does 
not  the  Senator  perceive  that  it  becomes  the  duty  of  the  Secretary 
of  the  Navy  to  attend  to  the  matter,  and  that  he  will  take  care  of 
the  matter  in  the  same  way  that  every  reasonable  tradesman  or 
merchant  takes  care  of  his  property,  requiring  the  contractors  to 
have  the  vessels  insured  in  proper  offices,  and  ihe  insurances  trans- 
ferred to  the  ki'cping  of  the  government,  to  be  held  hy  it  as  secu- 
rity ?  Suppose  these  insurance  companies  should  fail,  as  is  sug- 
gested by  a  Senator  near  me,  we  might  as  well  go  one  step  fur- 
ther and  suppose  the  Union  to  be  dissolved,  when,  of  course,  there 
would  be  a  general  break  up.  It  seems  to  me  proper  to  make 
these  advances. 

The  question  bemg  taken  upon  the  amendment  proposed  by 
Mr.  NlLES.  it  was  determined  in  the  affirraativo,  as  follows  : 

YEAS— Messrs.  AMcii,  Baldwin,  Borlaiiil.  Bnidhory.  Biitlpr.  Calhonn.  Cotwin. 
Davis,  of  Mnssachlisptts,  Dix.  Downs,  Felt-li.  Hamljn.  Jotinson,  of  Georgia.  King, 
Lewis,  INTetcalfe.  Niies,  Pearce,  Plielps,  Sebastian,  Tiirney,  Underwood,  l.rj,hani, 
Wallier.  Yulee— 23, 

NAYS — Messrs.  Atcliison,  Atherlon,  Badger,  Benton.  Berrien,  Breese.  Bright, 
riarke.  t'lavlon.  Dayton,  Dickinson.  Douglas.  FilzgeraM.  Foote.  Greene,  Hale, 
Hannegnn.  Houston,  Johnson,  of  IjOuisiana,  Mangum,  Miisoo,  Miller,  Spruaiice, 
Weslcott — 24. 

Mr.  CLAYTON. — At  this  late  hour  of  the  day,  inasmuch  as  it 
is  hardly  possible  that  the  bill  can  be  got  through,  I  would  beg 
leave  to  move  that  it  be  laid  informally  by  and  taken  up  to-mor- 
row. I  wish  to  do  so,  because  I  desire  to  give  notice  of  another 
important  bill  which  I  desire  taken  up  to-morrow. 

Mr.  YULEE. — I  desire  to  read  a  single  paragraph  from  the 
letter  of  the  Secretary  of  the  Navy,  wherein  he  states  the  reason 
for  recommending  these  advances.  [Mr.  Y.  here  read  the  para- 
graph wliich  gave  as  the  reason  for  his  recommendation  of  the  ad- 
vances the  tightness  of  the  money  market  at  that  time.] 

Mr.  CLAYTON. — I  move  to  lay  this  on  the  table  for  the  pres- 
ent, in  order  to  give  notice  by  general  consent,  of  a  motion  to  take 
up  another  bill  to-morrow. 

Mr.  DIX. — If  the  Senator  will  allow  me,  I  desire  simply  to  ask 
the  chairman  of  the  Committee  on  the  Post  Office  and  Post  Roads 
whether  this  contract  i»  capable  of  an  amendment?    The  route,  as 


I  understand  it,  is  to  run  from  Panama  to  the  mouth  of  the  Colnm- 
hia  river.  Now,  as  we  have  acquired  California,  it  is  very  desira- 
ble to  stop  at  Santiago,  San  Francisco,  and  other  ports  on  that 
coa-it.     I  merely  ask  the  question. 

Mr.  LEWIS — Before  the  bill  is^  laid  on  the  table,  I  have  been 
requested  by  one  or  two  friends  to  move  the  reconsideration  of  the 
vote  just  taken,  for  the  purpose  of  changing  my  vote. 

Mr  .'CLAYTON  said  that  he  would  have  called  up  the  bill  to 
establisli  the  territorial  government  of  Oregon,  New  Mexico,  and 
California,  to-day,  but  Senators  had  complained  that  they  did  not 
receive  iheir  copies  of  the  bill  in  titne  to  give  them  an  opportunity 
of  examining  it  in  detail.  He  now  desired  to  give  notice  that  to- 
morrow at  12  o'clock,  he  would  call  up  this  bill.  There  were  sev- 
eral errors  in  the  printing  of  the  bill,  one  in  particular  in  the  12th 
section.  [Mr.  C.  here  read  the  bill  as  corrected]  If  honorable 
gentlemen  would  deliver  their  copies  of  the  bill  at  the  table  of  the 
Secretary,  they  could  have  them  corrected. 

Mr.  ATHERTON. — I  understand  it  is  the  intention  of  the  hon- 
orable Senator  from  Delaware,  to  call  up  the  territorial  bill  to- 
morrow at  12  o'clock  ;  the  Senate  of  course,  can  dispose  of  that 
motion  as  it  thinks  proper.  As  we  seem  to  be  in  full  tide  upon 
this  Naval  Appropriation  Bill,  had  we  not  better  settle  it  to-mor- 
row, so  that  we  may  not  have  to  repeat  at  some  future  time,  the 
discussions  which  has  already  taken  place. 

Mr.  HALE  asked  that  a  resolution  of  inquiry  to  the  Navy  De- 
partment for  certain  information  be  taken  up  and  considered. 

Mr.  YULEE  objected  to  the  passage  of  the  resolution. 

Mr.  HALE  requested  that  the  resolution  be  read  so  that  the  Se- 
nate could  see  the  ground  of  the  objection. 

Mr.  BADGER. — I  move  the  Senate  adjourn. 

Mr.  DIX.— I  hope  the  Senator  from  North  Carolina  will  with- 
draw his  motion;  as  I  desire  to  move  that  the  Senate  proceed  to 
the  consideration  of  Executive  business  to-day,  that  cannot  bo  done 
to-morrow. 

On  motion, 

Ordered.  That  the  further  consideration  of  the  bill  be  postponed 
until  to. morrow. 

The  four  bills  this  day  received  from  the  House  of  Representa- 
tives,  were  severally  read  the  first  and  second  times  by  unani- 
mous consent,  and  referred  to  the  Committee  on  Public  Lands. 

After  the  consideration  of  Executive  business, 

The  Senate  adjourned. 


July  21.] 


NAVAL  APPROPRIATION  BILL. 


909 


FRIDAY,  JULY  21,  1848. 


PETITIONS. 

.  The  VICE  PRESIDENT  presented  tlie  memorial  of  Amos 
Kendall  and  John  E.  Kendall,  praying  that  provision  may  be  made 
for  securing  the  payment  of  their  claim  against  the  western  Che- 
rokee Indians,  out  of  the  money  due  by  the  United  States  to  those 
Indians  ;  which  was  referred  to  the  Committee  on  Indian  Afl'airs. 

Mr.  PEARCE  presented  the  memorial  of  Louisa  Catherine 
Adams,  and  the  other  heirs  of  Joshua  Johnson,  deceased,  praying 
the  settlement  of  the  aceoun's  of  the  deceased,  as  Consul  and 
Commercial  agent  of  the  United  Slates,  at  London,  upon  princi- 
ples of  equity,  and  the  payment  of  any  balance  which  may  bo 
found  due  for  his  services  ;  which  was  referred  to  the  Coniniiltec 
of  Claims. 

VOLUNTEERS    IN   THE    WAR    WITH    MEXICO. 

Mr.  DICKINSON  submitted  the  following  resolution,  which 
was  considered  by  unanimous  consent  and  agreed  to  : 

Resolved,  Tliat  the  Committee  on  Military  Aflairs  be  instrueleil  to  inquire  into  tile 
propriety  of  giving  to  the  volunteers  who  have  se"ve(i  in  the  late  war  in  Mexico,  the 
arms  and  acconlrements  with  which  they  have  performed  said  service. 

PUBLIC    DOCUMENTS. 

Mr.  ALLEN  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent  and  agreed  to  : 

Heanlral.  That  the  Committee  on  Printing  be  instructed  to  inijuiie  and  report  to 
the  Senate,  what  extra  public  docnmenis,  and  what  number  ot  each,  tlie  Scuato 
have  ordered  to  be  printed  this  session,  what  number  of  each  has  lieen  printed  and  de- 
livered, and  when  the  remainder  are  likely  to  be  jirinled  and  delivered. 

PATENT   OFFICE    REPORT. 

Mr.  TURNEY  submitted  the  following  motion,  which  was  con- 
sidered by  unanimous  consent  and  agreeii  to  : 

Ordered,  That  the  Secretary  have  leave  to  send  to  the  Com- 
mittee on  Patents  of  the  House  of  Representatives,  agreeably  to 
the  request  of  said  oommitteo,  the  original  manuscript  copy  of 
the  Patent  Office  repoit  presented  at  the  present  session. 

RELIEF    FOR   THE    INSANE. 

Mr.  DIX,  from  the  Select  Committee  appointed  the  27lh 
June,  to  whom  was  referred  the  memorial  of  Dorothea  L.  I)ix, 
reported  a  bill  making  a  grant  of  public  lands  to  the  several 
States  of  the  Union  for  certain  purposes  ;  which  was  read  and 
piissed  to  the  second  reading. 

CHRIST    CHURCH,    WASHINGTON. 

The  Senate  proceeded  to  consider  the  amendment  of  the  Houso 
of  Representatives  to  the  bill  to  authorize  the  sale  of  a  part  of 
public  reservation,  numbered  thirteen  in  the  city  of  Washington, 
and  for  other  purposes. 

Resolved,  That  they  concur  therein. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  Houso  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk: 

Mr.  President:  The  House  of  Representatives  have  passed  a  bill  from  the  Senate 
for  the  relief  of  the  heirs  of  Moses  White. 

They  have  also  passed  a  bill  for  the  relief  of  certain  survi  viing  widows  of  otHcers  of 
the  revolutionary  army,  in  which  they  request  the  concurrence  of  the  Senate. 

FLOGGING    IN  THE    N.WY. 

The  Senate  proceeded  to  consider  the  resolution  submitted  yes- 
terday by  Mr.  Hale,  relative  to  punishments  in  the  navy,  and 
agreed  thereto. 

naval  appropriation  bill. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  the  bill  making  appropriations  for  the  naval  service  for 
the  year  ending  the  30th  June,  1849. 

THE  VICE  PRESIDENT  stated  the  question  to  be  on  the 
motion  of  Mr.  Lewis  to  reconsider  the  vote  of  yesterday  on  the 
amendment  proposed  by  Mr.  Niles. 

Mr.  PHELPS. — I  voted  in  favor  of  the  motion  of  the  Senator 
from  Conneeticut  to  strike  out  the  provision  for  the  advancement 
of  money  upon  these  contracts.  I  was  induced  to  vote  in  favor  ol 
that  proposition  by  the  very  serious  doubts  which  I  entertained  as 
to  the  results  of  this  whole  policy.  I  fear  we  are  veiy  much  mis- 
taken in  our  estimate  of  the  advantages  which  we  are  to  derive 
from  this  system  of  steam  navigation.  But,  sir,  finding  that  the 
sense  of  the  Senate,  as  it  appears  to  me,  is  decidedly  in  favor  of  the 


policy,  I  am  determined  to  forego  my  purpose  of  resisting  it  fur- 
ther. And  I  came  to  this  conclusion  from  a  conviction  that  the 
sense  of  Ihe  .Senate  was  rather  in  favor  of  iclaiiiing  the  provision. 
Upon  redcetion,  therefore,  I  am  prepared  to  change  my  vote  upon 
that  proposition,  and  I  will  slattj,  in  a  very  few  words,  the  reasons 
which  have  induced  me  to  come  to  that  determination. 

Since  the  adjniirnment  of  the  Senate  yesterday,  I  have  been  in- 
formed ,lhat  the  change  in  the  construction  of  tliese  vessels  has  been 
brought  about  by  the  government  itself.  I  suppose  that  in  the 
outset  it  was  considered  that  steamers  of  about  1,500  tons  burthen 
would  ensure  the  great  object  the  government  had  in  view,  and 
tliat  it  was  the  purpose  of  the  contractors  to  construct  the  vessels, 
but  the  IVavy  Department,  as  I  understand,  interfered,  and  pro- 
nounced these  light  steamers  unsuitable  for  iho  service,  because 
they  were  not  of  suflieienl  eaiiacity  to  sustain  an  armament  with 
the  necessary  ammunition  and  fuel;  in  short,  that  they  would  not 
answer  the  purpose  of  the  war  steamers.  • 

Mr.  YULEE. — The  Senator  is  under  a  misapprehension  if  he 
supposes  that  the  plan  of  constructing  the  larger  sized  steamers 
originated  with  the  Navy  Deparlraeiit.  Such  is  not  the  case.  In 
respect  to  the  size  of  tlie  vessels  the  government  have  had  no  in- 
clination to  control  the  contractors.  The  only  solicitudeof  the  Navy 
Department  was  in  respect  to  the  suitableness  of  them  for  war 
purposes. 

Mr.  PHELPS. — Well,  I  may  have  been  misinformed  in  regard 
to  (hat,  but  I  believe  I  am  right  in  supposing  that  the  original 
purpose  has  been  changed,  and  that  vessels  of  a  larger  capacity 
are  now  contemplated  than  those  originally  proposed.  I  am  right 
thus  far,  am  I  not  ! 

Mr.  YULEE. — The  vessels  that  are  being  constructed  arc  not 
of  the  size  originally  proposed,  but  the  change  did  not  originate 
with  the  department. 

Blr.  PHELPS. — If  it  bo  the  purpose  of  the  government  to  adapt 
llie  steamers  to  war  purposes — if  iliey  are  to  be  made  subservient 
to  purposes  of  national  defence,  then  it  becomes  a  question  of  ex- 
pediency at  all  events,  whether  they  shall  bo  constructed  accord- 
ing to  one  irrade  or  another.  And  supposing  the  department  had 
no  agency  at  all  in  the  change,  it  being  admitted  that  vessels  of 
greater  capacity  are  now  considered  to  be  necessary,  it  is  a  mat- 
ter for  our  consideration,  whether  in  the  construction  of  these  ves- 
sels we  do,  or  do  not,  provide  for  a  species  of  vessel  which  will 
answer  war  purposes. 

Mr.  NILES. — It  is  an  important  principle  that  is  involved  in 
tliis  proposition,  and  if  it  should  prevail  in  regard  to  this  contract, 
it  will  bo  followed  by  similar  applications  in  other  cases  ;  indeed, 
there  are  now  petitions  before  the  committee  for  that  very  pur- 
pose.    It  will  be  opening  the  door  to  very  extensive  abuses. 

Mr.  FOOTE. — I  understand  this  to  be  the  case  of  a  contract 
solemnly  made  by  the  government  with  an  individual;  and  tho  pro- 
]iosilion  now  is,  simply  to  exercise  a  little  liberality  on  the  part  of 
the  government  with  the  view  of  facilitating  the  execution  of  the 
contract,  the  government  being  thoroughly  secure  in  the  premises. 
I  cannot  see  any  fraud  in  the  proposition.  I  cannot  see  any  illicit 
desire  to  make  money  out  of  the  government.  I  can  see  no  rea- 
son for  Senators  indulging  in  remarks  about  contrivances.  No 
man  can  undertake  to  assert  that  it  is  an  unfair  contrivance.  I 
think  the  proposition  is  such  a  one  as  we  should  sanction  ;  and  no 
argument  can  shako  my  conviction.  The  contract  having  been 
made,  1  am  prepared  to  alibrd,  to  a  moderate  extent,  the  means 
of  facilitating  its  execution. 

Mr.  BENTON. — I  am  entirely  opposed  to  the  system  of  run- 
ning steamers  to  the  old  worlil.  Great  Britain  may  properly  run 
steamers  to  tho  new  world,  because  she  has  possessions  on  this 
continent  ;  but  we  are  undertaking  to  run  them  where  we  have  no 
possessions.  We  have  now  extensive  possessions  on  the  other  side 
of  this  continent,  and  in  respect  to  them  we  are  situated  as  Great 
Britain  is  in  respect  to  her  distant  possessions.  Arrangements  are 
in  progress  for  facilitating  our  communication  with  those  distant 
possessions  of  ours,  and  the  question  comes  up  whether,  by  mak- 
ing some  temporary  advances,  we  will  give  ourselves  the  benefit 
of^our  own  law,  or  whether  we  will  compel  the  contractor  to  give 
up  his  contract  or  else  to  execute  his  work  imperfectly.  What  is 
to  be  the  advantage  to  the  United  States  if  the  contractor,  for  want 
of  means,  should  do  his  work  in  an  imperfect  manner  with  unsafe 
materials,  or  with  a  delay  of  time?  Would  not  a  wise  policy  in- 
duce us  tc  help  him  out  ?  Why  should  we  run  the  risk  of  being 
deprived  of  this  service,  or  of  having  it  performed  in  an  insecure 
mannei-T  i  am  decidedly  in  favor  of  carrying  out  the  understand- 
in",  although  I  was  utterly  opposed  to  entering  into  it  originally. 
Great  mischief  has  already  happened  to  this  country  on  account  of 
the  tedious  communication  between  the  two  sides  of  tho  continent. 
We  are  now  on  the  point   of  establishing  a  line  of  communicauon 


SlO 


NAVAL  APPROPRIATION  BILL, 


[Friday, 


that  will  hiing  tlio  two  sides  of  tlie  continent  within  about  thirty 
days  of  each  other,  and  I  think  we  ought  nut  to  hesitate.  We  all 
know  that  it  requires  immense  sums  of  money  to  carry  into  opera- 
tion an  undertaking  of  this  kind  ;  and  it  is  but  reasonable,  there- 
fore, that  the  government  should  contribute  its  aid  in  the  manner 
proposed. 

There  is  also  in  this  bill  an  appropriation  for  a  dry  dock  at  New 
York.  I  was  there  about  a  month  ago,  and  visited  several 
places  where  labor  was  going  on.  and  among  the  rest  this 
dry  dock.  God  gave  me  a  heart  to  feel  for  the  laboring  man.  I 
remember  to  have  read  that  ''  the  laborer  is  worthy  of  his  liire," 
and  in  another  place,  that  "  the  sun  should  not  go  down  without 
the  reward  of  his  labor  being  rendered  to  him."  What  was  my 
astonishment,  then,  to  hear  that  these  men  had  been  wiihout  their 
pay  for  half  a  year  !  The  people's  money  has  been  paid  into  the 
Treasury,  but  it  has  not  been  applied  to  its  proper  use  for  want  of 
legislation.  I  desire  to  see  this  bill,  containing  these  appropria- 
tions, passed  as  speedily  as  possible. 

Mr.  DAVIS,  of  Massachusetts. — I  need  not  say  that  I  have 
given  my  support  to  the  law  which  established  this  line  of  steam- 
ers; and  I  need  scarcely  say  that  1  wish  to  see  it  prosperous  and 
successful;  but  I  concur  most  fully  with  the  Senator  from  Con- 
necticut, that  the  only  way  to  make  it  jo,  is  to  take  care  that  no 
abuses  creep  into  its  management.  Docs  any  gentleman  come 
here  and  say  to  Congress  that  he  is  unable  to  carry  out  his  con- 
tract? Does  any  gentleman  come  here  and  represent  to  us  that 
he  is  unable  to  raise  the  funds  that  are  required  to  carry  his  con- 
tract into  execution'  Why,  sir,  if  there  be  any  such  statement  it 
has  escaped  my  observation.  I  do  not  understand  that  this  appli- 
cation i.<4  placed  upon  any  such  ground  as  that.  I  understand  it  to 
be  simply  a  proposition  made  to  Congress  ti  change  the  mode  of 
payment,  by  making  earlier  advances  than  was  stipulated  in  the 
contract;  and  I  understand  the  proposition  as  being  supported  upon 
the  ground  that  there  has  been  a  change  in  the  system  of  buikiing 
— an  enlargement  ot  the  dimensions  of  the  vessels — since  the  plan 
was  originally  entered  upon.  I  do  not  think  there  is  any  gentle- 
man who  will  say  that  he  is  authorized  to  state  to  the  Senate  that 
this  change  in  the  plan  of  conitruction  was  demanded  or  asked  for 
by  the  United  States.  I  do  not  understand  it  so  at  all;  on  the  con- 
trary, I  understand  the  chairman  of  the  Committee  on  .\'aval  Af- 
fairs explicitly  to  disavow  this  charge.  When  the  Cunard  line  of 
steamers  was  put  in  operation,  they  built  ships  of  some  1400  tons 
burthen.  It  was  found,  however,  tiiat  when  they  came,  to  make 
arrangements  for  the  extensive  machinery  employed,  together  with 
storage  for  coal  and  accommodation  for  passengers,  there  was  very 
little  room  left  in  those  vessels  for  freight.  Tliey,  therefore,  alter 
they  commenced  their  cxiieriiuents  and  found  that  the  system  had 
operated  favorably,  found  it  expedient  to  enlarge  their  vessels. 
Those,  therefore,  that  have  been  subsequently  made,  are  greatly 
larger  than  the  first,  and  (he  individnals  engaged  in  that  enter- 
prise have  found  it  good  policy  to  enlarge  them,  because  lliey  can 
engage  in  the  carrying  of  freight.  The  Senator  from  Delaware 
already  has  stated  that  something  like  ten  millionsof  dollars  worth  of 
goods  had  been  brought  into  the  port  of  Boston  by  those  steamers. 
It  has  thus  become  a  money-making  business.  I  believe  it  is  perfectly 
notorious,  that  so  long  ago  as  a  year  at  least,  after  this  Collins 
lino  had  been  taken  into  consideration,  the  contractors  went  into 
a  considtation  as  to  the  size  of  the  vessels  which  it  was  expedient 
for  the  company  to  build,  and  they  decided  that  the  most  suitable 
size  for  money-making  was  about  3,01)0  tons.  And  that  is  in  ex- 
act accordance  with  experience.  Those  who  mean  to  make  mo- 
ney construct  large  vessels,  and  they  are  then  suitable  for  commer- 
cial purposes.  Under  these  circumstances,  can  these  gentlemen 
turn  and  claim  from  this  government  this  anticipated  advance  of 
money,  on  the  ground  that  they  have  beneiitted  the  government  by 
enlarging  the  size  of  their  vessels?  I  know,  that  for  many  kinds 
of  service,  a  vessel  of  3,000  tons  is  more  cfiicient  and  suitable  for 
war  purposes  than  smaller  vessels;  but  is  it  not  equally  obvious 
that  lor  most  of  the  ordinary  services  of  war,  a  vessel  of  1,500  tons 
is  the  more  suitable  of  the  two?  A  vessel  of  3,000  tons  could  en- 
ter very  few  of  the  ports  of  the  United  States.  The  draught 
would  be  about  how  much? 

Mr.  WESTCOTT.— I  should  like  some  information  upon  this 
point.  The  very  object  of  increasing  the  tonnage  of  the^e  vessels, 
or  at  least  one  object  1  understand,  was  to  give  these  vessels  great- 
er breadth;  and  less  draught  of  water  in  proportion  to  the  tonnage. 

Mr.  DAVIS. — I  leave  it  to  the  Senator  to  demonstrate  how  you 
can  make  vessels  larger  and  yet  draw  less  water.  Ordinarily  in 
naval  experience,  the  larger  tile  vessel  the  greater  the  draught  of 
water.  It  is  to  be  remembered  that  a  vessel  of  ],.'J00  tons  is  a 
very  large  ship,  as  large  as  our  first  class  frigates.  Unless  I  mis- 
take, our  i'rigates  are  less  than  1,500  tons  measurement.  So  far 
as  they  are  applicable  to  purposes  of  defence,  vessels  of  1,500  tons 
are  as  serviceable  as  larger  ones.  I  do  not  see,  then,  any  motive 
that  the  government  can  have  in  making  the  change.  I  do  not 
see  any  substantial  benefit  that  the  government  is  to  derive  from 
the  change,  and  therefore  it  seems  to  me  that  whoever  will  look 
at  the  subject  with  any  degree  of  candor,  will  see  at  once  that  this 
consideration  is  without  any  real  substantial  value.  It  is  not  asked 
for  by  the  government.  If  the  parties  then  are  able  to  go  on  with 
their  contract,  why  do  they  not  go  on?  They  do  not  come  here 
and  say  they  cannot  go  on;  it  is  not  put  upon  the  ground  that  the 
system  must  be  put  an  end  to  unless  we  make  these  advances.  I 
shall  adhere,  then,  to  the  vote  which  I  gave  yesterday  to  strike 


out  that  portion  of  the  bill  which  proposes  to  make  the  advances  at 
an  earlier  day  than  the  contract  requires,  and  I  do  it  on  the  ground 
that  I  assumed  yesterday,  that  I  think  it  an  unsafe  course  of  pro- 
ceeding, and  that  the  experience  of  the  government  has  proved  it 
to  be  so.  It  is  impossible  for  me  to  anticipate  in  what  way  the 
government  is  to  be  reimbursed  by  merely  taking  the  security  of  a 
bottomry  bond,  but  I  can  see  a  hundred  ways  in  which  the  properly 
may  slip  out  of  their  hands.  I  think  he  is  a  good  paymaster  who 
pays  when  the  work  is  done,  and  unless  some  more  cogent  and 
sulficient  reason  be  assigned  than  I  have  yet  heard,  it  seems  to  me 
that  the  friends  of  this  policy,  instead  of  lending  a  favorable  ear 
to  this  application,  which  will  throw  distrust  over  it,  ought  to  ad- 
here to  the  terms  of  the  contract. 

Mr.  YULEE. — I  feel  it  my  duty  to  make  some  remarks 
upon  this  subject,  but  as  the  hour  has  arrived  for  the  consideration 
of  the  bill  reported  from  the  Select  Committee  on  Territories,  if 
the  Senator  irom  Delaware  desires  to  proceed,  I  will  defer  what  I 
have  to  say  for  the  present. 

Mr.  CLAYTON. — I  will  move,  then,  that  this  subject  be  passed 
by  informally. 

Mr.  KING. — I  would  much  rather,  if  it  meets  the  approbation 
of  the  Senator  from  Delaware,  that  this  subject  be  proceeded  with 
and  concluded.  The  subject  has  been  fully  discussed,  and  unless 
there  be  some  specific  information  which  it  is  desirable  to  obtain,  I 
hope  that  the  Senator  from  Florida  will  proceed  to  make  the 
statement  which  he  proposes  to  make,  and  that  instead  of  passing 
the  bill  by,  we  shall  proceed  to  vote  upon  it,  or  at  least  upon  this 
proposition,  which  I  am  very  sorry  to  see  reconsidered. 

Mr.  CLAYTON. — I  will  yield  to  the  wishes  which  seem  to  be 
•  niertained  by  Senators,  that  this  subject  shall  be  disposed  of,  but 
I  very  much  fear  that  a  "  few  remarks"  of  Senators  will  extend 
into  long  speeches,  and  that  "  single  suggestions"  will  occupy 
whole  hours. 

Mr.  YULEE. — A  principal  ground  upon  which  this  advance 
seems  to  be  urged  is  the  circumstance  that  the  steamers  are  of 
much  larger  size  than  the  minimum  tonnage  specified  in  the  eon- 
tract.  So  far  Irom  the  government  being  responsible  for  this,  the 
contractors,  especially  under  the  Sloo  contract,  peremptorily  re- 
fused to  permit  the  Secretary  of  the  Navy  to  prescribe  the  dimen- 
sions and  description  of  the  steamers.  The  Secretary  did  not  feel 
himself  authorized  to  claim  more  than  a  right  to  be  satisfied  that 
the  vessels  would  be  suitable  for  our  purposes,  and  the  extremest 
concession  which  Mr.  Sloo  consented,  was  to  adopt  the  model  of 
the  Missouri  steamer  as  the  general  basis  of  his  plan  of  construc- 
tion. Nor  is  the  government  the  party  benefitted  by  the  large 
size.  Perhaps  the  great  size  of  the  Collins  line  may  prove  ad- 
vantageous, as  these  steamers  have  reference  to  foreign  service, 
though  the  experiment  of  ihe  Great  Britain  is  not  encouraging. 
But  as  regards  the  other  line,  the  enlargement  of  the  vessels  de- 
leats  one  of  the  leading  objects  of  the  line,  to  wit  :  to  furnish  ves- 
sels suitable  for  coast  defence.  There  are  very  few  harbors  south 
of  the  Cheseapeake  which  these  vessels  can  enter.  Nay,  I  ara 
inclined  to  think  that  they  will  not  even  be  able  to  enter  Charles, 
ton  and  Savannah,  which  was  one  of  the  direct  stipulations  of 
the  law. 

Mr.  BERRIEN. — The  Senator  is  mistaken  as  to  the  depth  of 
water  upon  the  bar  at  Savannah.  It  is  twenty-one  feet  at  low 
water. 

Mr.  YULEE. — It  is  certain,  at  all  events,  (hey  cannot  go  up  to 
the  city  of  Savannah.  Large  vessels  are  found  most  profitable 
for  commerce,  and  this  was  doubtless  the  consideration  that  ope- 
rated upon  the  contractors.  Smaller  steamers,  with  a  few  large 
guns,  answer  the  best  auxilliaries  for  defence  in  war. 

But  my  chief  ground  of  hostility  to  this  measure  has  regard  to 
the  mischievous  .system  it  introduces  into  the  legislation  of  the 
country.  Ever  since  1823,  a  law  has  existed  upon  vour  statute 
book  expressly  inhibiting  advances  to  contractors.  'This  may  be 
regarded  as  the  settled  policy  of  the  government;  and  I  learn  from 
the  Secretary  of  the  Navy,  that  in  his  opinion  the  policy  of  the  rule 
is  wise,  and  has  operated  most  beneficially.  I  can  perceive  no  spe- 
cial reason  or  excuse  for  a  departure  from  the  rule  in  this  case.  The 
contract  is  not  a  hard  one;  so  far  from  it,  the  original  conlraotor 
sold  it  for  a  profitable  advance.  Nor  are  there  any  difficulties  in 
procuring  capital  that  ought  not  to  have  been  anticipated  by  the 
parties  concerned,  when  they  undertook  the  contract.  Besides, 
how  can  you  decline  to  make  the  same  advances  to  all  other  con- 
tractors who  apply  for  aid  ?  And  thus  you  will  soon  practically 
transfer  the  whole  list  of  public  works  to  mere  speculators,  who 
will  drive  substantial  men  out  of  competition. 

There  prevails  in  the  Senate  an  im|iression  that  this  advance  has 
been  recomiueiidcd  by  the  Secretary  of  the  Navy.  This  is  not  the 
case,  in  the  sense  in  which  it  is  understood.  I  have  taken  occa- 
sion to  seethe  Secretary  of  the  Navy  upon  the  subject,  and  I  learn 
from  him  that  it  is  not  a  measure  originated  by  him,  nor  one 
which  he  would  have  originated.  The  naval  committee  of  the 
House  enclosed  to  him  an  application  from  the  assignees  ol  the 
Sloo  line  lor  the  advance,  and  informed  him  that  the  committee 
had  decided  favorably  upon  his  request.  The  Secretary  replied, 
yielding  his  concurrence,  but  this  concurrence  rested  upon  the  im- 
pression derived  from  the  eommimication  of  the  eommiiiee,  and  its 
enclosure,  that  without  the  aid  desired,  the  parlies  would  be  una- 
ble to  prosecute  the  work  in  a  manner,  and  under  circumstances 
advantageous  to  the  public. 


July  21.] 


NAVAL  APPROPRIATION  BILL. 


911 


Mr.  FOOTE.— Is  the  Secretary  now  opposed  to  the  plan  ? 

Mr.  YULEE.— I  have  said  that  the  Secretary  did  not  originate 
It.     He  does  not  intend,  I  presume,  to  oppose  or  sustain  it. 

Mr.  FOOTE.— Do  I  understand  the  Senator  to  say  that  the 
Secretary  regrets  having  made  the  recommendation,  and  has  au- 
thorized the  Senator  to  do  it  ? 

Mr.  YULEE.— 1  he  Secretary  recommends  nothing.  The  sug- 
gestion of  this  measure  came  from  the  naval  committee  of  the 
House.  My  purpose  is  to  deny  the  responsibility  of  the  Secretary 
for  it,  and  to  insist  that  its  passage  ought  not  to  bo  vested  in  this 
body,  upon  the  ground  that  it  is  a  recommendation  of  the  depart- 
ment. The  Congress  may  take  upon  iiself  to  order  this  departure 
from  the  policy  of  the  act  of  1823,  but  in  doing  so,  the  responsibil- 
ity ought  not  to  be  thrown  upon  the  department.  Besides,  the 
measure,  as  found  in  the  bill,  goes  much  beyond  the  contemplation 
of  the  Secretary's  letter.  He  assented  to  the  advance  to  Law,  and 
only  suggested  a  discretionary  authority  as  to  the  rest.  This  act 
provides  imperatively  for  an  advance  under  each  of  the  three  con- 
tracts. 

Mr.  ATHERTON.— I  merely  wish  to  make  one  or  two  re- 
marks, and  to  read  a  portion  of  a  letter  in  reply  to  what  I  consid- 
er the  very  extraordinary  remarks  of  the  Senalor  from  Florida.  If 
I  understand  the  statement  of  the  Senator,  it  is  that  the  Secretary 
has  not  recommended  these  advances. 

Mr.  YULEE. — I  say  that  the  Secretary  does  not  intend  that 
this  measure  shall  rest  upon  his  recommendation  for  its  support. 
His  connexion  with  the  matter  is  not  of  an  active,  bat  of  an  ac- 
quiescent ciiaracter. 

Mr.  ATHERTON  —I  suppose  that  no  measure  before  Con- 
gress rests  entirely  upon  Executive  recommendation.  We  pay 
proper  attention  to  the  opinions  of  heads  of  departments,  havin" 
charge  of  particular  subjects,  but  we  are  not  entirely  governed  by 
their  opinions.  It  makes  no  ditierence,  it  seems  to  me,  whether 
this  recomniendation  was  made  by  the  Secretary  in  consequence  of 
the  suggestions  of  the  committee  or  not.  It  is  the  expression  of 
his  opinion  as  to  the  propriety  of  the  proposed  measure.  I  un- 
derstand the  Senator  to  say  the  recommendation  applied  to  only 
one  contract. 

Mr.  YULEE. — The  recommedation  of  the  Secretary  related  to 
one  only,  and  he  proposed  a  discretion  in  regard  to  the  others. 

Mr.  ATHERTON.— The  Senator  is  entirely  mistaken.  I  hold 
in  my  hand  a  communication  from  the  Navy  Department,  dated 
May  29,  1848,  addressed  to  Mr.  Vinton,  which  I  will  read,  show- 
ing that  the  recommendation  applies  to  three  contracts  : 

[Mr.  A.  read  the  letter.] 

Mr.  YULEE.— The  Senator  is  mistaken.  The  letter  to  which 
he  refers  is  to  the  chairman  of  the  Committee  of  Ways  and  Means, 
with  a  view  to  an  ample  provision  in  the  appropriation  bill  for  all 
contingencies  that  might  arise  under  his  suggestions  in  the  letter 
to  the  naval  committee,  formerly  referred  to. 

Mr.  DICKINSON.— It  seems  to  me  that  the  zeal  of  the  Sena- 
tor from  Florida  has  led  him  to  assume  a  very  singular  position, 
which,  if  it  be  made  a  rule  of  action  in  this  body  hereafter,  in  re- 
lation to  the  Executive  departments,  will  be  much  more  honored 
in  the  breach  than  the  observance.  The  letter  of  the  Secretary  of 
the  Navy  explains  itself,  but  the  Senator  from  Florida  has  called 
upon  him,  and  has  got  his  permission  to  retract  the  recommenda- 
tion contained  in  that  letter.  If  the  Secretary  designs  to  give  any 
different  interpretation  to  a  letter  which  he  has  sent  to  Congress 
than  that  which  it  bears  upon  its  face,  he  ought  to  put  it  in  writing. 
If  any  different  meaning  is  intended,  let  it  be  specified  authorita. 
lively.  I  protest  against  this  mode  of  obtaining  information  from 
the  Executive  department,  designed  to  color  a  communication 
which  has  been  been  made.  That  communication  every  one  can 
understand.  I  do  not  mean  to  insinuate,  for  I  do  not  believe,  that 
the  Senator  from  Florida  would  intentionally  misrepresent  the 
Secretary,  but  we  all  know  how  liable  language  is  to  be  misun- 
derstood, and  if  we  are  to  have  a  new  opinion  of  the  Secretary 
we  should  have  have  it  in  the  same  way  in  which  we  have  the 
original.  And  in  reference  to  making  these  vessels  larger  I  have 
to  say,  that  the  official  communication  was  made  to  Congress  Ion" 
after  the  facts  had  transpired. 

Mr.  ATHERTON  read  the  letter  of  the  Secretary. 

Mr.  YULEE. — It  is  proper  that  I  should  make  myself  distinct- 
ly understood.  A  communication  was  made  by  the  assignees  of 
Sloo,  asking  for  an  advance  of  money  upon  the  contract.  The 
Committee  on  Naval  Affairs  informed  the  Secretary  that  they  had 
agreed  to  make  the  advance,  and  he  had  expressed  his  concur- 
rence upon  the  presumption  created  by  that  correspondence,  that 
the  parties  were  not  able  to  pursue  their  contract  in  a  manner  re- 
quired by  the  interests  of  the  government.  That  is  the  whole 
matter. 

Mr.  BREESE.— I  understood  the  Senator  from  Florida  to  say, 
that  the  Secretary  was  influenced  mainly  in  making  his  recom- 
mendation by  the  State  of  the  money  market.  Well,  if  the  mo- 
ney market  were  in  the  same  condition  now  as  then,  the  argu- 
ment of  the  Senator  would  have  some  force.  I  hold  in  my  hand  a 
recent  newspaper,  which  contains  the  following  ; 


[Mr.  li.  read  an  article  from  a  newspaper  in  support  of  his  as- 
sertion that  the  money  market  was  now  as  stringent  as  it  was  at 
the  time  the  application  for  an  advance  was  recommended  on  the 
ground  of  the  scarcity  of  money.] 

So  that  the  facts  are  now  precisely  as  they  were  when  the  re- 
commendation was  made  : 

The  question  being  taken  on  the  motion  the  motion  to  reconsi- 
der it  was  decided  in  the  allirraative,  as  follows  ; 

YHAS  -Me.,ri.  Alcliison.  Alh^lon,  Badger,  Bull,  Benlon,  Berrien,  BorlanJ, 
Bree^i,  Brighl,  (.  arko,  (Jajton ,  Dav.,,  of  M..,iv.i|,|,i,  Davlon,  Dickinwii,  Dodge 
DoaglasFilzjeraldtoole  Greene.  H:,le.  Ilannegan,  Ilouaon,  Johi..on,  of  l.oo- 
'"L"iv!^''"'',S"''   "'^?,'.''  '*';!''"•  '^'"■''"-  'l"'l<.  Sprnance,  Slorsran,  \Ve.Uoll.-3I. 

NAY  S.-Me»5r».  A  len.  Baldwin,  Bradbury,  Butler,  Corw.n.  Davi.,  of  .Ma.»a- 
chuseiu  Dix,  Downs  llarnl.n  Jo,n.on  of  (;eoraia,lKin»,  Lewi.,  Melcalfe,  Nile., 
Fearce,   [jnderwood,  Uphani,  Walker,  Vulce. — 19. 

So  the  vote  agreeing  to  the  proposed  amendment  was  rccon- 
sidered. 

The  question  then  recurred  upon  agreeing  to  the  amendment 
and  it  was  decided  in  the  negative,  as  follows  :  ' 

YEAS. — .Mi-„n.  Allen.  Baldwin,  Bradbun-,  Corwin,  Davi.,  of  MMiachoMlto, 
Uix.  Downs,  llanilm  Johnson,  of  Gcorfia.  Kinj;,  I.ewij,  .Metcalfe,  Miller.  Nile., 
rcarce,    Turnev,  Underwood,    Updiam,  Walker,  Vulee  —20 

n  ^ :'''^'^,-~:^''t-'!'-  Atelmon,  Alherton,  Badger,  Bell,  Benton,  Berrien.  Breew, 
KriBlit,  Clarke,  Clayton,  Davis,  ol  Mmissiiipi.  Dayton.  Diekin.on.  Dodge,  Doo-Im, 
t  :tzgerald.  Foote.  (;rcene.  Hale,  llannegan.  Ilou.ton.  Johnwn.  of  LonUiana  .Man 
gnm,  IHa»on,  Miller,  Pliolps,  Rusk,  Sptuance,  Sturgeon,  Weilcoll.— 30. 

So  the  amendment  was  disagreed  to. 

Mr.  NILES  rose  to  offer  an  amendment. 

Mr.  KING. — I  hope  the  gentleman  will  now  consent  to  let  the 
bill  be  passed  by  informally  ,  otherwise  I  must  move  to  lay  it  up- 
on the  table. 

Mr.  CLAYTON. — I  hope  the  chairman  of  the  Committee  on 
Finance  will  agree  to  let  the  bill  be  passed  by  informally. 

Mr.  ATHERTON.— The  subject  is  at  the  disposal  of  the  Se. 
nate. 

Mr.  BADGER. — I  think  the  Senator  from  Delaware  is  mistak- 
en, if  he  supposes  that  he  will  expedite  the  action  of  the  Senate  up. 
on  the  territorial  bill  by  takini;  it  up  while  this  naval  appropria- 
tion bill  is  pending.  By  devoting  an  hour  or  two  to  this  bill  now, 
we  shall  be  able  to  get  through  with  it. 

Mr.  BERRIEN. — I  rise  to  a  question  of  order.  The  Senator 
from  Alabama,  I  believe,  submitted  a  motion  to  lay  the  bill  upon 
the  table. 

Mr.  KING. — I  stated  that  if  there  was  any  objection  to  pass 
the  bill  by,  I  should  be  compelled  to  move  that  it  be  laid  upon  the 
table.  I  understand  there  are  several  amendments  to  be  offered 
that  will  give  rise  to  debate. 

Mr.  HANNEGAN.— I  hope  the  Senator  from  Alabama  will 
withdraw  his  motion  for  a  moment. 

Mr.  KING. — Certainly,  if  the  Senator  will  renew  it. 

Mr.  HANNEGAN.— I  concur  with  the  Senator  from  Norlh 
Carolina,  in  the  hope  that  the  Senate  will  proceed  with  this  bill 
until  it  is  completed,  as  I  understand  that  there  are  appropria- 
tions contained  in  it  which  are  immediately  required  for  the  pub- 
lic service.  This  session  has  been  remarkable  for  doing  bu.siness 
by  shreds  and  patches.  Subjects  arc  taken  up,  discussed  partly, 
passed  over  ;  the  next  day  again  taken  up,  and  the  debate  of  the 
previous  day  gone  over  again.  Every  Senator  I  believe  is  aware 
that  there  will  be  a  very  heavy  debate  upon  the  territorial  bill. 
Let  us  attend  to  one  thing  at  a  time. 

Mr.  KING. — I  am  as  desirous  as  the  Senator  himself  to  brin" 
this  matter  to  a  close,  but  I  see  from  what  has  already  taken 
place,  that  we  need  hardly  expect  to  get  through  with  this  bill  to- 
day;  I  am  willing  however,  that  we  should  make  the  attempt,  and 
I  will,  therefore,  withdraw  the  motion  to  lay  the  bill  on  the  table.' 

Mr.  NILES  proposed  to  amend  the  bill  by  inserting  before  the 
word  "ships,"  in  the  107th  line,  the  words  "shall  commence  from 
the  time  the  service  shall  commence." 

Mr.  ATHERTON  briefly  opposed  the  amendment,  and  said 
that  if  it  should  not  prevail  he  would  himself  introduce  an  amend- 
ment that  freight  and  passengers  should  be  carried  for  the  govern- 
ment, for  one  voyage,  free  of  charge. 

The  amendment  was  disagreed  to,  on  a  division.  Ayes  12, 
noes  18. 

Mr.  NILES  moved  further  to  amend  the  bill  by  adding  at  page 
5,  line  110,  the  following  : 

Provided,  Tliat  tbi-!  appropriation  shall  not  bo  consrdeKMl  a.i  ,1)!  approving  and  ralify- 
ing  any  of  said  contracts  for  mail  lines  for  a  longer  period  than  live  year*. 

The  question  being  taken  upon  agreeing  to  this  amendment,  it 
was  determined  in  the  negative,  as  follows  : 

YEAS. — Messrs  Allen.  Borland,  Corwio,  Dbt,  Johnson,  of  Ga.,  Mangnm,  Nile9, 
Pearce.  Tumey,  and  Walker — 10. 

N.\Y.S. — Messrs.  Atchison,  Atherton,  Badger.  Baldwin,  Benton.  Berrien.  Brad- 
bury, Breese,  Bright,  Butler,  ''allioun.  Clayton,  Davis,  of  Missisisippi.  Dayton, 
Dickinson,  Dodge,  Dooglas,  Downs,  Felch.  Fitzgerald,  Foote.  Hale.  Hamlin,  llan- 
negan. Houston,  Johnson,  of  Louisiana,  King.  Lewis.  Mason.  .Metcalfe,  .Mdler, 
Rusk,  jsjiruance,  Sturgeon,  Underwood,  Uphani,  WestcoU,  and  Vulee — 38, 

Mr.  RUSK  submitted  the  following  : 


912 


NAVAL  APPROPRIATION  BILL. 


[Friday, 


"  Sec.  .  ^Ind  he  it  further  enacted,  That  wlienever,  in  Iiis  opinion,  it  may  be 
expedient,  the  Postmaster  General  shall,  with  the  sanction  of  the  Presiilent,  make  a 
requisition  upon  the  Navy  Department  for  sni^li  steamer  or  steamers  nnder  the  eontrol 
of  snch  department  as  may  he  adapteii  to  the  service  of  carrying  the  mail  alon?  the 
sea.  laite  coasts,  or  rivers  of  the  United  States,  and  thereupon  said  department  shall 
comply  with  such  reiiuisition,  and  such  steamers  shall  be  employed  in  cariyiug  the 
mail  ;is  aforesaid  as  may  be  diiected  by  tile  Postmaster  General,  and  under  such  reg- 
niations  as  may  he  made  Ijy  said  Postmaster  General  and  the  Secretary  of  the  Navy. 

Sec.  .  .^nd  be  it  further  enacted.  That  such  steamers  shall  be  oflicered  by  at  least 
one  commissioned  otticer.  or  master,  or  passed  midshipman,  of  the  navy,  and  such 
warrant  officers  as  the  Navy  Dejiartment  may  direct  ;  and  the  euf;iueers,  company, 
and  crew  of  said  steamers  shall  also  be  furnished  by  said  department,  and  said  vessels 
shall  be  supplied  and  kept  in  repair  by  said  dei»artmeiit  ;  Provided,  homelier.  The 
Postmaster  General  may  appoint  one  or  more  a;;ents  on  board  of  each  of  said  vessels, 
with  such  reasonable  compensation  as  he  may  prescribe,  who  stiall  he  accornmodated 
and  provided  for  on  board  said  steamers  as  may  be  presciil)ed  in  said  regulations. 

"Sec.  .  ^'Jnd  be  it  further  nmeted.  That  the  Postmaster  (General  and  the  Secre- 
tary of  the  Navy  may  adopt  and  presciibe  such  regulations  as  they  may  deem  proper, 
under  which  said  steamers  may  convey  public  officers  and  other  passengers,  and  carry 
public  and  other  freight  from  point  to  point  while  carrying  such  mails;  Procided,  that 
the  transportation  of  passeiioers  and  freight,  other  lliaii  public  officers  and  freight,  shall 
not  improperly  interfere  with  regular  lines  established  for  such  purpose  by  individuals 
or  associations,  and  shall  not  interfere  Willi  the  carrying  of  said  mails  with  certainty, 
regularity,  aud  despatch:  .dnd  jrnivided  a/go.  Tii.at  an  account  shall  be  kept  of  the 
proceeds"  received  for  said  service,  and  the  same  shall  be  applied  to  paying  the  expen- 
ses of  subsisting  and  navigating  said  vessels. 

"Sec.  .  .Iiidbe  itfiirther  enacted.  That  whenever  any  steamer  of  the  United  States 
in  the  employment  of  the  army,  or  the  (iuartermaster's  service,  can  be  dispensed  with 
tor  army  service,  and  such  steamer  is  suitable  for  the  iiava!  service  directed  by  this  ai't, 
the  President  of  the  United  States  may  order  such  steamers  to  be  transferred  to  the 
Navy  Department,  and  retained  by  it,  and  used  as  a  vessel  of  the  navy  of  tlie  United 
States:  Provided.  The  President  may  order  a  re-transfer  of  such  vessel  when  the  pub- 
lic interests  may  demand  the  same." 

Mr.  BUTLER  moved  to  amend  the  bill  by  adding  after  the 
UOtli  line  the  loUowinfr  : 

Provided.  'I'hatiu  considerafion  of  ibe  foregoing  arlvaiicc  theliiie  of  steamers  pro 
vidcd  in  the  contract  with  A.  G.  Sloo,  shall  stoji,  going  and  returning,  at  Cliarlestoii 
andi^avanrah. 

Mr.  ATHERTOIV  .said  thiit  if  lie  understood  the  .amendment  of 
the  Senator  from  South  Carolina,  [Mr.  Butleb,]  it  provided  that 
the  mail  steam  line  should  toui;h  at  Charleston  and  Savannah,  whe- 
ther praetical  or  not. 

Mr.  BUTLER  had  said  not  a  word  about  stopping  at  Savannah; 
it  was  Charleston  he  spoke  of  more  partieularly. 

The  question  beinn-  taken  on  concurring  in  the  amendment,  it 
was  decided  in  the  aUirmativc.  Ayes  17,  Noes  17.  The  Presi- 
ding Officer  voted  in  the  alfirmative. 

Mr.  WESTCOTT  moved  to  add  at  the  close  of  tlie  amendment 
just  adopted  the  following  : 

"And  shall,  if  the  Secretary  of  the  Navy  shall  deem  it  practicable,  loucli  at  Key 
West  going  and  returning,  under  such  e(|uilahle  arrangements  as  said  Secretary  may 
make  with  said  parties  for  so  doing.  And  said  Secretary  of  the  Navy,  if  he  ileenis  It 
practicable  and  expedient,  may  make  arrangements  by  which  saiti  steamers  or  others 
to  connect  therewith  shall  convey  the  mails  by  water  lo  post  offices  that  are  or  may 
be  established  within  the  United  Slates,  on  or  near  the  Gnif  or  Atlantic  coasts  :  J'lo- 
vided  said  arrangements  are  concurred  iu  by  the  Postmaster  General,  and  the  sum  of 
five  thousand  dollars  is  hereby  appropriated  for  such  object." 

Mr.  WESTCOTT  would  inform  the  Senate  that  the  amend- 
ment was  as  near  as  possible  in  the  same  phraseology  as  the 
amendment  adopted  in  the  Post  Ollice  bill  with  reference  to  the 
Charleston  route.  The  object  of  it  was  to  enable  the  Postmaster 
General  and  the  Secretary  of  the  Navy  tooether,  to  secure  the  use 
of  the  two  routes  for  the  local  mails.  The  Postmaster  General, 
the  Secretary  of  the  Navy,  the  chairiuan  of  the  Commitlee  on  Na- 
val Alfairs,  and  the  chairman  of  the  Committee  on  Finance,  and 
the  gentleman  who  was  the  assignee  of  the  contractors,  Mr.  Sluo, 
had  no  objection  to  its  being  adopted. 

Mr.  ATHERTON  said  that  it  seemed  to  him  that  the  way  the 
amendment  now  read,  it  made  it  imjiorative  upon  the  line  to 
tonch  at  Key  West;  and  that  it  left  no  discretion  to  the  Secretary 
in  the  matter.  He  would  prefer  that  the  amendment  be  made  to 
read  that  they  should  touch  at  Key  West,  provided  etpiitable  ar- 
rangaments  to  that  effect  could  be  made  by  the  Secretary. 

Mr.  WESTCOTT  having  no  objection  to  the  alteration  pro- 
posed, modified  his  amendment  accordingly. 

The  question  being  taken  on  agreeing  to  the  amendment,  it  was 
determined  in  the  negative. 

Mr.  NILES  moved  to  amend  the  bill  by  adding  the  following  : 

Provided,  That  the  contractor  for  the  line  from  Panama  to  Astoria,  as  the  condi- 
tion of  this  ailvance,  be  reiiuired  to  stO|)  and  deliver  and  take  mails  at  San  Dieogo, 
San  Francisco,  aud  Monterey  in  California. 

Mr.  ATHERTON  moved  to  amend  the  amendment  by  ad- 
ding : 

"If  rerinired  so  to  do  by  the  Secretary  of  the  Navy," 

Mr.  ALLEN  proposed  to  substitute  the  Postmaster  General 
for  the  Secretary  of  the  Navy. 

Mr.  WESTCOTT  would  suggest  to  his  honorable  friend  from 
Ohio,  that  bis  objection  cotild  be  tibviated  by  altering  tho  phrase- 
ology of  the  amendment,  and  making  it  read  "if  required  to  do  so 
by  tho  Secretary  of  the  Navy  with  tho  concurrence  of  tho  Post- 
master General." 

Mr.  ATHERTON  had  no  objection  to  tho  modilicatinn,  if  it 
met  the  views  of  tho  Senator  fron  Ohio. 

Mr.  ALLEN  acquiesced. 

The  amendment  to  tho  amendment  was  agreed  to  ;  and  tho 
amendment  as  amended  was  thou  agreed  to. 


Mr.  NILES  moved  further  to  amend  the  bill  by  striking  out  all 
after  the  word  "ships"  in  the  107th  lino  to  the  word  "States"  in 
lOSth  line,  and  insert  the  words  "service  commences." 

The  amendment  was  disagreed  to.     Ayes  15,  Noes  18. 

Mr.  ALLEN  moved  to  umend  the  bill  by  inserting  the  follow- 
ing after  the  285th  line  : 

"  Sec.  22.  .-?«'/  be  it  further  enacted.  That  no  other  or  new  contract  or  contracts 
for  the  transportation  of  the  mail  to  any  foreign  country  shall  hereafter  he  made  or 
entered  into  on  the  part  of  the  United  States;  and  all  laws  and  parts  of  laws  incon- 
sistent with  the  provision,  are  hereby  repealed. 

Mr.  MILLER  could  not  see  what  the  amendment  had  to  do 
with  the  ajipropriation  bill  before  the  Senate.  He  did  not  think 
the  Senate  prepared  to  discuss,  in  connection  vyith  this  bill,  the  ge- 
neral question  that  all  contracts  were  to  cease  after  a  certain  day. 

Mr.  BREESE  would  ask  his  friend  from  Ohio  how  it  was  pos- 
sible for  the  present  Congress  to  bind  the  action  of  future  Con- 
gresses in  respect  to  contracts,  as  this  amendment  would  appear 
to  indicate? 

Mr.  ATHERTON  would  simply  remark  that  he  hoped  the 
aiueiHIment  offered  by  the  Senator  from  Ohio  would  not  prevail. 
The  provisions  of  the  appropriation  bill  belore  the  Senate  were 
made  in  order  to  carry  out  existing  contracts,  made  by  laws  of 
Congress.  It  seemed  to  him  dangerous,  then,  to  encumber  an  ap- 
propriation bill  with  the  expression  of  their  opinions  upon  the  sub- 
ject of  these  contracts.  They  might  have  one  opinion  and  the 
House  of  Representatives  another.  If  there  was  to  be  any  repeal 
of  a  law  now  existing  on  the  statute  book,  which  authorized  the 
contracts,  it  should  be  done  separately,  in  the  form  of  another  law, 
and  acted  upon  solely  with  reference  to  its  own  merits.  If  the 
doctrine  of  liis  friend  from  Ohio  were  true,  that  contracts  were 
now  so  easily  carried  through  by  lobbying  members,  he  (the  Sen- 
ator from  Ohio)  was  defeatiug  the  end  he  had  in  view,  by  giving 
to  Congress  the  administration  of  the  matter.  They  had  better 
be  taken  charge  of,  to  secure  the  Senator's  object,  by  some  oth- 
er body  or  person.  He  did  not  know  that  there  was  any  danger 
of  improvident  contracts  being  made  under  the  existing  laws  as 
they  now  stood  ;  for  it  would  be  recollected  that  these  very  con- 
tracts were  made  by  express  direction  of  Congress.  Congress 
had  directed  the  Secretary  of  the  Navy  to  make  them. 

Mr.  ALLEN  said  that  yesterday  theargument  had  been  offered 
that  they  should  grant  the  indulgences  or  ttdvances  asked  for  by 
certain  contractors,  because  they  had  entered  into  the  contracts. 
Now,  he  wanted  to  do  awav  with  that  arguiuent  in  future — he 
wanted  to  do  away  with  the  argument  that  they  were  obliged  to 
appropriate  large  sums  of  money  in  advance,  simply  because  they 
had  contracted  with  parties  that  wc  should  appropriate  it,  and  for 
that  reason  he  had  offered  his  amendment. 

Mr.  WESTCOTT  inquired  of  the  Senator  from  Ohio  if  the  Or- 
egon route  was  included  within  the  term  "foreign  country  ?" 

Mr.  ALLEN  observed  that  nothing  was  foreign  that  touched 
the  soil  of  the  United  States. 

Mr.  ATHERTON  perceived  no  necessity  for  an  amendment  to 

any  bill,  particularly  to  the  one  before  them,  in  order  to  present 
the  views  of  the  Senator  from  Ohio.  The  law  gave  the  Postmas- 
ter General  the  authority  to  make  contracts  for  foreign  maU  ser- 
vice, but  it  was  not  protended  under  this  law  that  he  had  ever 
made  contracts  without  first  submitting  them  to  Congress.  As 
these  contracts  were  under  the  direction  of  Congress,  he  thought 
there  could  be  no  danger  of  improvident  legislation. 

The  question  being  taken  upon  agreeing  to  the  amendment  of 
Mr.  Allen,  it  was  determined  in  the  negative,  as  follows  : 

YEAS. — Messrs.  Allen,  Bell.  Borland,  Bright.  Corwin.  Davis,  of  Massachu- 
setts, Davis,  of  Mississippi,  Dix,  Dodge,  Felch,  Foote,  Hale,  Houston,  Johnson,  of 
tleorgia.  King,  Metcalfe,  Niles,  Sebastian,  Spruance,  Turney,  Underwood,  and 
Yulee.— 2-.'. 

NAYS. — Messrs.  Atchison,  Atherton.  Badger.  Baldwin.  Berrien.  Bradbury, 
Breese,  Butler,  Dayton,  Dickinson.  Douglass,  Downs.  Fitzgerald,  Hamlin,  Hanne 
gaii.  Johnson,  of  Louisiana.  Lewis,  Maugum,  Mason,  Miller,  Rusk,  titurgeou, 
Uphnin,  Walker,  and  VVestcott— 2.'). 

Mr.  DIX  moved  to  amend  tho  bill  by  inserting  : 

"Sec.  .  .Ind  be  It  further  enacted.  That  it  shall  be  the  duty  of  the  Postmaster  Gen- 
eral to  advance  on  the  contracts  heretofore  made  with  Edward  Mills  for  the  transporta- 
tion of  the  United  Statesman,  from  New  York  lo  Bremen,  the  sum  of  eighleen  thou-- 
sand  seven  hundred  and  fifty  dollars  per  month  lor  each  of  the  steam  ships  hereafter  to 
be  constructed  or  employed  under  said  contract,  to  commence  from  the  time  either  of 
such  vessels  shall  be  launched  or  so  employed:  but  llie  amount  so  advanced  shall  not 
exceed  the  sum  of  one  hundred  and  fifty  thousand  dollars  to  be  secured  by  a  lien  on 
said  ships,  in  such  manner  as  the  Postmaster  General  shall  reiinire;  and  the  money  so 
advanced  shall  be  faithlully  expended  in  finishing  saiii  ships  to  the  satisfaction  of  the 
Postmaster  General;  Provided,  that  the  money  iiereby  aulhoiized  to  be  advanced  on 
said  contract  with  Kdward  Mills  he  jiaid  on  the  exjiress  condition  that  the  two  steam 
sliips  to  be  employed  in  the  transportation  of  the  IJiiited  States  mail  from  New  York 
to  Havre,  shall  he  placed  on  said  line  on  the  teims  specified  in  said  contract,  in  respect 
lo  the  traus|iortation  of  said  mail  between  the  cities  ahovcmentioued. 

Mr.  DIX  was  opposed  to  tho  system  of  making  advances,  but 
as  it  had  received  tho  sanction  of  the  Senate,  he  thought  that  tho 
ajiplication  of  the  principle  was  very  proper  to  the  Bremen  line. 
They  li.ail  already  constructed  two  steamers  which  ran  to  Bremen 
by  \v,ay  of  .Southampton.  Under  the  contract  with  this  govern- 
ment, the  owners  of  the  line  bad  the  alternative  of  sending  two  of 
their  vessels  to  Havre.  This  amendment  proposed  to  allow  ad- 
vances to  bo  made  upon  tho  fourth  steamboat  that  should  be  built 
upon  the  condition,  that  they  were  to  transfer  two  of  tho  Hue  to 
Havre.  This  arrangement  might  not  be  satisfactory  to  tlic  city 
of  Bremen,  but  doubtless  would  be  so  to  the  company. 


J0LY    21.] 


NAVAL  APPROPRIATION  BILL 


913 


The  PRESIDING  OFFICER  here  stateJ  that  there  were  two 
other  amendments  in  order  before  the  amcndmeiil  ol'  the  Senator 
from  New  York  could  be  taken  up. 

The  question  being  about  to  be  put  upon  agreeing  to  Mr. 
Rcsk's  amendment — 

Mr.  RUSK  apprehended  that  tliis  amendment  was  not  clearly 
understood.  It  only  authorized  the  Postmaster  General  to  take 
any  vessel  which  belonged  to  the  United  Status,  and  apply  it  lu 
this  mail  service,  whenever  ho  chose  to  do  mi.  The  result  would 
be  the  saving  of  several  hundred  thousand  dollars  to  the  depart- 
ment. Wlien  a  new  route  was  established  for  carrying  the  mail, 
as  there  would  bo  to  the  Rio  Grande,  jiow  cimipanies  of  individuals 
would  olfer  to  take  the  contract  of  the  department  for  carrying 
such  mails,  at  four  or  five  times  the  ainnunt  it  would  cost  if  any 
authority  of  this  description  existed  in  the  Postmaster  General,  by 
direction  of  the  President,  to  use  temjiorarily  any  of  the  vessels 
belonging  to  the  Uniled  States,  and  would  thus  prevent  exorbi- 
tant contracts  being  forced  upon  the  department.  These  vessels 
had  been  built  by  the  government  of  the  Unitecl  States,  and  their 
ollicers  were  receiving  pay  from  the  government,  so  that  if  we 
were  to  use  the  vessels  in  the  manner  proposed,  an  immense  amount 
of  money  would  be  saved  to  the  government  ;  no  injury  resulting, 
unless  in  requiring  from  the  naval  officers,  sometimes,  a  little  ex- 
tra duty.  This  measure  was  recDinmended  by  the  Postmaster 
General  in  his  annual  report,  and  as  he  was  informed,  was  ap- 
proved by  the  Secretary  of  War,  and  the  Secretary  of  the  Navy. 

Mr.  BERRIEN  thought  it  very  probable  that  an  arrangement 
of  the  kind  proposed  misrht  be  advantageously  made,  but  consider- 
ed a  bill  for  the  establishment  of  regulations  of  this  character, 
should  be  separately  reported. 

Mr.  ALLEN  was  opposed  to  the  govornmenls's  using  the  armed 
vessels  of  the  country,  to  go  into  competition  with  private  citizens 
as  common  carriers  of  freight  and  passengers.  He  moved  to  amend 
by  striking  out  that  part  conferring  authority  ujion  the  government, 
to  become  a  common  carrier. 

Mr.  WESTCOTT  said  that  if  the  honorable  .Senator  from  Ohio 
had  looked  at  the  phraseology  of  the  bill,  lie  would  see  that  his 
objection  did  not  exist.  It  expressly  prohibited  interfering  with 
any  regular  line  in  c.trrying  freight  or  passengers.  But  it  was 
.provided,  that  inasmuch  as  the  agent  of  this  bill  was  to  have  small 
steamers  lo  ply  between  ports  when  there  was  no  regular  mode  of 
conveyance  under  authority  of  the  .Secretary  of  the  Navy  and  Post- 
master General,  the  vessels  might  bo  authorized  to  carry  freight 
and  passengers. 

Mr.  JOHNSON,  of  Louisiana,  was  of  opinion  fruui  his  knowl- 
edge of  the  failure  and  delay  upon  some  of  the  southern  mail  routes, 
that  this  amendment  should  be  adopted. 

Mr.  YULEE  regarded  the  amendment  as  a  proper  one.  It  did 
not  authorize  the  Secretary  of  the  Navy  to  add  anything  to  the 
present  material  of  the  mail  service;  and  it  would  secure  by  com- 
bined action  on  the  part  of  the  three  departments,  several  objects 
which  were  important  to  be  obtained  by  these  departments.  It 
was  necessary  fur  the  Navy  Department  to  keeji  up  along  the 
gulf  coast,  a  surveillance,  with  reference  to  the  protection  of  live 
oak  and  timber  ;  again  the  United  States  were  carrying  on  works 
at  Key  West,  which  would  probably  cost  some  three  or  four  mil- 
lions before  completed,  and  it  was  necessary  to  land  supplies  at 
this  place  and  other  points  necessary  for  the  ixovernment  u^^c  ;  and 
also  along  the  Atlantic  coast  iliere  were  many  dillcrent  points 
which  it  was  necessary  to  supply  with  mail  facililies.  These  se- 
veral objects  could  be  accomplished  by  these  mail  steamers  with 
Treat  saving  to  the  government.  The  proposition  came  to  them 
concurred  in  by  the  three  Secretaries  of  the  several  departuients, 
and  the  Post  Office  Cominitlec. 

Mr.  BADGER  agreed  with  the  Senator  from  (Georgia,  that 
possibly  a  system  of  the  kind  proposed  might  be  cstablislied  in 
connection  with  the  naval  eslablishiiient  of  llic  United  States,  but 
he  was  satisfied  that  the  amendment  proposed  would  not  answer 
the  purpose  intended.  He  concurred  with  the  Senator  from  Ohio 
in  the  idea,  that  they  were  entering  upon  a  new  and  strange  sys- 
tem in  employing  ]iublic  naval  vessels  for  the  carriage  of  freight 
and  passengers.  How  were  these  ships  in  the  service  of  the 
United  States,  if  put  to  this  use,  to  go  to  sea  ?  Were  they  to  go 
with  their  full  complement  of  men  as  war  ships  ?  If  so,  where 
would  be  the  room  for  freight  or  passengers?  If  Ihey  were  to 
send  it  out  without  this  compliment  as  a  public  vessel  of  the 
United  States  under  command  of  a  naval  officer,  it  was  liable  to 
be  captured  by  any  petty  force  that  might  be  brought  against  it, 
and  thus  the  honor  of  the  American  flag  would  be  tarnished. 
This  was  a  great  objection  in  his  mind  to  the  amendment,  which 
it  was  apparent  to  him  did  not  present  a  plan  that  had  been  care- 
fully matured. 

Mr.  HOUSTON  was  in  favor  of  the  adoption  of  the  amend- 
ment. For  years  past  there  had  been  the  greatest  irregularity 
existin"  in  the  carriage  of  the  mails  from  New  Orleans  lo  Gal- 
veston. They  had  been  dependent  upon  the  mercy  of  a  contrac- 
tor, who  ran  the  mail  just  whenever  he  saw  proper.  For  weeks 
they  had  had  to  do  without  mails,  in  consequence  of  his  employ- 
ing his  vessels  where  ho  coold  be  more  profitably  paid  than  he  was 
for  the  carriage  of  the  mail.  The  carriage  of  the  mail  upon  the 
plan  proposed  in  the   amendment  would  remedy  the  evil,  and  as 

30th  Cong. — 1st  Session — No.  115. 


he  understood  it,  without  any  additional  expense  to  the  Treasury, 
inasmuch  as  it  would  employ  a  portion  of  the  naval  force  for  the 
specific  purpose  of  general  intercourse.  He  did  not  want  the 
United  States  to  enter  upon  the  carrying  business,  but  he  thought 
that  any  service  for  the  diUusion  of  intelligence  throughout 
the  United  States  was  worthy  being  undertaken  by  the  highest  of- 
ficer in  the  navy.  There  was  nothing  di.scredilable  in  it.  Many 
gallant  young  officers  would  take  pride  in  commanding  the  ves- 
scLs  to  be  used  lor  this  particular  service.  It  was  not  as  a  matter 
of  favor  or  grace  that  Texas  asked  for  these  mail  facilities,  hut 
as  a  matter  of  right  that  she  should  have  regular  and  constant 
ctmiiuunication  with  the  older  .States.  Sometimes  one,  two,  three, 
and  even  six  weeks  would  elapse  before  Texas  could  have  cora- 
raunication  with  other  parts  ol  the  United  States,  because  of  the 
contractor  withdrawing  his  vessels  to  carry  troops  for  the  United 
States— a  far  more  profitable  service  than  thai  of  carrying  the 
mails. 

Mr.  RUSK  said,  that  as  there  seemed  to  to  be  some  objection  lo 
that  part  of  the  amendment  which  provided  for  carrying  freight 
and  passenLiers,  he  would  modify  it  by  striking  out  altogether  the 
third  section,  which  jirovided  for  it.  The  aincniiinent  would  now 
have  no  reference  to  the  carriage  of  passengers  or  fici<; lit.  He 
considered  that  the  objection  of  the  Senator  Irom  North  Cartdina  had 
no  weight  in  reference  to  the  case  before  them.  If  the  President 
of  the  United  States  choose  to  send  out  public  vessels  unarmed  for 
specific  purposes  he  had  the  power  to  do  so,  without  any  reference 
to  the  eonlingeney  of  their  capture.  The  question  simply  was, 
wiiethcr  Congress  should  require  the  officers  of  the  navy  toper- 
form  such  duty  as  the  President  and  the  heads  of  the  departments 
might  deem  proper  that  thoy  should  perform. 

Mr.  UNDERWOOD  remarked  that  the  bill  provided  that  an 
account  of  the  expenditures  and  receipts  slioukl  Ik'  kr|(t,  and  that 
whatever  profits  should  bo  made  should  go  towards  liquidating  the 
expense  of  the  service  What  reasonable  objection  could  be  made 
to  carrying  height  or  passengers?  And,  again,  was  it  degrading 
the  officers  of  ti.e  navy  to  employ  tlicm  in  this  kind  of  service  ?  If 
so,  they  had  already  been  degraded.  For  this  very  service,  in  ful- 
fillment of  the  great  contracts  for  ocean  mail  steamers,  officers  of 
the  navy  had  been  employed  to  command  the  vessels.  These  ships 
made  profit  for  the  contractors,  and  these  naval  olficcrs  had 
been  placed  where  they  made  profit,  nut  for  the  government,  but 
for  contractors.  Would  it  be  degrading  if  an  officer  were  lo  get 
a  furlough  to  command  a  merchant  vessel  ?  If  so,  then  very  many 
officers  had  been  degraded.  If  these  vessels  were  not  employed 
in  the  way  proposed  in  the  amendment,  they  would  be  laid  up  in 
dry  docks  to  rot — perfectly  useless  to  any  one  ;  while  the  pay  of 
their  officers  would  go  perhaps  uearly  as  high  as  if  they  were 
employed  in  the  way  suggested. 

The  gentleman  from  North  Carol  na  bad  supposed,  that  If  these 
vessels  were  to  go  unarmed,  thoy  might  be  captured  by  some  for- 
eign vessel,  and  thus  that  the  American  (lag  would  be  disgraced. 
He  regarded  that  as  a  proposition  which  should  not  give  the  least 
alarm,  especially  in  a  time  of  profound  peace.  Supposing  they 
were  to  send  a  vessel  from  Boston  around  to  Portsmouth  to  re- 
ceive her  armament,  and  she  was  captured  at  sea,  would  that  cap- 
ture bring  with  it  national  degradation  ?  If  that  vessel  was  fur- 
nished with  arras  when  ordered  into  service,  then  it  would  be  a 
disgrace  if  the  officers  were  not  prepared  for  action  at  all  times. 
In  the  case  before  them,  they  would  be  rendering  a  service  that 
would  not  requii-e  them  to  meet  an  enemy.  He  was  in  favor  of  the 
aniciidment  as  it  originally  stood. 

Mr.  RUSK  would  renew  his  amerdraent  as  it  originally  stood 
if  the  srentlemati  from  Kentucky  desired  it.  It  did  appear  to  him 
that  the  arrangement  providing  for  the  carriage  of  freight  and 
passengers,  where  there  was  no  regular  lino  for  that  jiurpose, 
would  be  a  great  accommudation  to  individuals  desirous  of  going 
to  the  points  where  the  mail  was  carried,  and  would  also  pay  a 
large  portion  of  the  expenses.  He  would  call  the  attention  of 
the  Senator  to  another  fact  while  up,  which  was,  that  the  last  sec- 
tion of  the  amendment  provided  that  all  the  vessels  now -n  the 
service  of  the  army  employed  for  trans|)ortation  were  to  be  turned 
over  to  the  navy  or  bo  sold.  The  result  would  be,  if  they 
were  sold,  that  they  would  bring  little  or  nothing  in  comparison 
wilh  the  return  they  would  bring  to  the  government  if  employed 
in  the  manner  proposed. 

Mr.  UNDERWOOD  was  very  happy  that  the  Senator  from 
Texas  had  assented  to  let  the  amendment  stand  as  it  was.  He 
would  say  to  the  Senator  from  Ohio  that  he  would  object  to  ma- 
kin"  the  government  a  common  carrier,  as  he  called  it,  as  much 
as  any  one,  if  that  was  to  be  the  business  of  tho  i;overnment.  But 
in  this  case  it  was  a  necessary  means  in  order  to  accomplish  a  par- 
ticular object  of  the  government.  They  had  entered  into  compe- 
tition with  various  trades  in  the  employment  of  the  prisoners  in  tbo 
jienitentiary  at  the  Point  in  mechanical  pursuit;  bufcit  was  a  ne- 
cessary incident  in  carrying  out  the  system  of  punishment  for  crime. 
The  only  way  in  his  opinion  to  carry  on  successfully  and  economi- 
cally the  various  objects  of  internal  improvements  in  the  country, 
was  by  a  coalition  of  the  government  with  private  enterprise.  There 
were  various  contracts  going  on  upon  this  principle.  There  was 
one  at  Louisville,  in  his  own  State,  where  the  government  had 
realized  some  eighteen  per  cent. for  the  money  invested.  Ithad  been 
tried  to  be  broken  up,  but  the  government  had  found  it  too  profit- 
able a  business  to  dispense  with  it.  If  this  incident  ol  carrying 
freight  and   passengers  was  not  attached  to  the  bill,  they  would 


914 


NAVAL  APPROPRIATION  BILL. 


I^Friday, 


have  to  bear  the  whole  expense  of  the  proposed  plan.  He  would 
notice  an  objection  made,  which  was  a  very  common  one,  that  the 
amendment  was  not  in  tlje  proper  place.  It  was  said  by  some  that 
they  would  like  very  much  to  carry  out  a  system  of  this  sort.  If 
it  were  enjjrafted  in  a  bill  and  left  to  be  acted  upon  deliberately 
by  itself,  then  they  would  adopt  it.  He  had  some  experience  on 
the  subject.  He  had  seen  year  after  year,  clforts  made  to  intro- 
duce the  most  salutary  provisions,  that  had  failed,  when  made  m 
behalf  of  a  bill  that  was  to  stand  separately  upon  its  merits.  And 
why?  Becau~.e  they  had  never  reached  them.  If  they  were  to  be 
carrried  through,  they  must  be  affixed  to  some  appropriation  bill 
upon  which  it  was  imperatively  necessary  they  should  act. 

Mr.  ALLEN  said  that  there  was  a  good  deal  of  reason  in  the 
concluding  observations  of  the  Senator  from  Kentucky,  in  regard 
to  the  efforts  of  Congress  in  rectifying  abuses.  They  never  could 
reach  an  ;  buse  or  evil  when  it  had  once  got  the  start  of  them,  ex- 
cept by  attaching  the  remedial  measure  proposed  to  some 
important  bill  necessary  fur  the  government  to  act  upon. 
There  was  some  reason  in  another  one  of  his  remarks — for 
he  took  it  that  the  Senator  spoke  somewhat  in  objection  to 
the  practice  of  States  in  making  crime  compete  with  honest 
industry — a  system  he  (Mr.  A.)  had  always  condemned,  but 
thought  that  there  was  a  want  of  due  consideration  on  the 
part  of  his  friend  from  Kentucky  in  putting  their  naval  officers  upon 
a  par,  in  sustaining  his  position,  with  convicts.  Now,  because  a 
State  penitentiary  employeil  its  convicts  in  making  shoes  and 
clothes,  should  they  hire  out  their  naval  officers  as  captains  to 
merchant  vessels  because  they  were  propelled  by  steam,  or  as  cap- 
tains of  their  own  war  vessels,  to  carry  on  the  coasting  trade,  to 
ply  from  point  to  point,  and  pick  u))  a  barrel  of  flour  here  or  a 
cask  of  molasses  there  ?  Were  those  officers  to  stand  upon  the 
beach  waiting  for  passengers  ?  It  was,  iu  his  opinion,  a  petty  lar- 
ceny employment  for  them  to  be  engaged  in,  and  would  destroy 
the  spirit  of  the  navy.  To  commence  employing  the  officers  of 
the  navy — a  profession  which  claimed  to  stand,  as  it  had  through 
all  past  history,  upon  the  high  principles  of  honor — according  to 
the  system  proposed,  would  be  to  make  them  the  slaves  of  gov- 
ernment— to  be  sure,  not  to  till  plantations,  but  as  navigators — 
under  the  orders  of  government.  Not  as  an  independent  navigator, 
with  a  right  to  go  where  he  would,  like  a  freeman,  acting  for  him- 
self, but  as  a  man  who,  under  the  orders  of  his  government,  with  his 
epaulettes  on,  was  to  roll  out  a  barrel  of  flour  or  fish.  The  whole 
system  showed  that  they  were  mixing  up  the  action  of  the  gov- 
ernment with  the  rightful  and  legitimate  action  of  the  peo|ilc. 
By  this  plan  we  were  going  to  employ  private  steamers  for  their 
mails  and  public  steamers  to  carry  passengers  and  freight.  It 
was  a  system  that  should  be  arrested.  He  did  not  think  the  offi- 
cers ol  the  navy  would  like  it.  It  was  not  the  private  vocation  that 
constituted  the  stigma— it  was  to  have  a  master  to  order  them  to 
their  vocation — that  master  being  the  government.  Nothing  could 
be  more  honorable  than  the  course  of  the  gallant  tar,  who  washed 
the  decks  of  the  lorecastle,  and  who,  for  bis  daily  bread,  perilled 
his  life  m  the  service  of  his  country.  It  was  honorable  because  he 
willed  to  do  it.  The  whole  of  this  system  stood  upon  the  princi- 
ple of  the  protective  tariff,  that  it  was  the  duty  of  the  government 
to  assist  one  set  of  men  to  the  detriment  of  another. 

Mr.  RUSK  was  a  little  astonished  at  the  remarks  of  the  Sena- 
tor from  Ohio.  The  gentleman  was  introducing  aristocracy  with 
a  vengeance.  He  thought  that  the  rolling  of  a  fish  barrel  was 
honorable  even  by  a  commander  in  the  navy.  There  was  no  class 
of  men  above  the  necessity  of  labor.  No  labor  which  served  the 
interests  of  the  community  and  extended  the  bonds  of  intelligence 
throughout  the  country,  iu  his  estimation,  should  be  called  a  pctly 
larceny  business  He  had  seen  the  highest  officers  of  our  army 
helping  to  roll  wagons  out  of  the  mud,  and  they  had  not  considered 
themselves  degraded  by  so  doing.  Was  it  a  petty  larceny  busi- 
ness to  save  a  half  million  of  dollars  to  the  country?  When  a  man 
entered  into  the  navy  he  entered  into  the  service  of  the  govern- 
ment to  do  its  service,  to  perform  whatever  was  required  of  him. 
He  did  not  think  that  the  officers  of  the  navy  desired  this  aristro- 
cratic  distinction  to  be  made  in  their  favor.  In  regard  to  the 
charge  made  against  the  Senator  from  Kentucky,  of  assimilating 
the  labor  of  the  naval  officer  to  the  labor  ol' convicts,  he  couid  not 
understand  for  himself  how  the  remark  was  intended  to  apply  to 
the  case  at  issue,  and  would  leave  it  to  the  honorable  Senator, 
who  was  perfectly  able  to  relieve  himself  from  the  imputation  to 
answer  it. 

Mr.  UNDERWOOD  staled,  that  when  up  before,  ho  had  ad- 
mitted a  general  principle  laid  down  by  the  Senator  from  Ohio, 
that  the  government  ought  not,  upon  general  principles,  to  enter 
into  competition  with  its  citizens  in  private  life.  He  said  that 
there  were  exceptions  to  this  principle — -that  whenever  the  gen- 
tleman had  a  great  object  to  accomplish,  it  might  become  neces- 
sary to  iiitcrfi-re  somewhat  with  private  enterprise.  Then  ho  had 
introduced  liU  penitentiary  labor  illustration.  He  trusted  that  his 
friend  Irom  Ohio  had  no  idea  of  charging  him  with  any  intention  of 
disgracing  the  officers  of  the  navy. 

Mr,  ALLEN  replied  that  he  had  none. 

Mr,  UNDERWOOD  said  that  ho  would,  while  up,  give  his 
friend  from  Ohio  an  illustration  of  the  fact  that  it  was  not  degra- 
ding to  give  one's  attention  to  the  rolling  of  lish  barrels  or  any 
other  manual  labor.  They  had  custom-houses  over  the  coun- 
try ;  and  guagors,  inspectors,   and   measurers,  in    thoir   employ 


whose  duty  it  was  to  attend  to  fish  barrels  and  flour  barrels-  And 
again,  did  these  officers  in  command  of  these  seventy-four's,  with 
epaulettes  on  their  shoulders,  never  pay  the  least  attention  as  to 
how  these  vessels  were  loaded?  as  to  the  manner  in  which  the  pro- 
visions and  armament  were  stored  ?  Was  it  degrading  to  •.hem  to 
attend  to  these  duties?  But  it  did  not  follow,  because  they  sent 
naval  officers  lo  command  these  ships,  that  they  were  to  look  af- 
ter fish  or  Hour  barrels.  If  it  was  beneath  their  dignity  to  do 
business  of  this  kind,  it  could  be  taken  charge  of  by  underlings  or 
agents.     It  was  in  fact  so  provided  for  in  the  bill, 

Mr,  ALLEN  should  not  have  his  language  perverted  or  mis- 
construed. He  had  declared  that  no  condition  in  life  was  more 
honorable  than  that  of  the  laborer,  and  every  man  in  the  Senate 
knew  he  had  so  expressed  himself.  What  made  the  degradation 
he  had  said  was  in  laboring  under  the  orders  of  a  master,  instead 
of  their  own  free  will.  He  would  say  that  if  these  officers  desired 
lo  become  captains  of  coasting  vessels  let  them  leave  the  navy. 
It  was  not  desirable  that  these  officers  should  roll  barrels;  and  who 
believed  that  they  voluntarily  entered  the  service  ol  the  govern- 
ment and  acquired  a  naval  education  to  perform  such  labor.  There 
was  no  vocation  in  life  that  was  not  honorable,  provided  it  was 
done  with  a  free  will.  He  had  said  nothing  in  disparagement  of 
labor  ;  it  was  the  voluntary  or  co-ercive  circumstances  that  gave 
honor  to  labor.  He  spoke  entirely  in  reference  to  free  labor,  and 
with  reference  to  no  other  class  or  kind  of  labor. 

Mr.  ATHERTON  said  that  this  might  be  a  very  good  prov'. 
sion,  and  might  come  to  them  recommended  by  three  Secretaries 
and  the  Post'masier  General,  still  it  seemed  to  him  a  new  system, 
which  if  important  to  be  passed,  should  be  presented  in  a  bill  by 
itself. 

The  question  was  then  taken  upon  the  amendment  proposed  by 
Mr-  Rusk,  and  determined  in  the  negative,  as  follows  : 

YEAS — Messrs.  Borland.  Corwin,  Ilouplas,  Fitzgerald,  Foote,  Haniiegan.  Hons- 
Johnson,  of  Loui>iana,  Lewis,  Metcalfe,  Rusk,  Sebaslian,  Sjiruance,  Turney,  Un- 
derwood. VVe«tcott,  Ytilee — ]8. 

NAYS — Messrs.  -Mien,  .\1lierton.  Badger.  Baldwin.  Benton.  Berrien,  Bradbnry, 
Bright,  Butler,  Calhoun,  Cla-ke.  Clayton,  Davis,  of  IMassachusetts.  Dickinson,  Dix  , 
Doige,  Greene,  Hamlin,  Johnson,  of  (Georgia,  Mason,  Miller,  Niles,  Storgeon — 23. 

Mr.  BORLAND  remarked  that  the  appropriations  in  the  naval 
bill  seemed  to  be  made  upon  the  condition  that  they  were  con- 
nected with  interests  that  were  located  upon  salt  water.  We  were 
engaged  in  appropriating  millions  for  the  establishment  of  mail 
routes  along  our  whole  country  and  coast,  where  the  v\-ater  was 
salt,  while  our  fresh  water  rivers  such  as  the  Ohio  and  Mississipp', 
were  left  unprovided  with  them.  If  wc  had  a  right  to  establish 
mail  routes  along  the  coast,  and  ask  for  appropriations  for  them  in 
this  bill,  he  had  ail  amendment  to  offer  to  it  providing  for  the  es- 
tablishment of  a  mail  route  of  equal  importance.  He  offered, 
therefore,  an  amendment  "that  the  Postmaster  General  be  re- 
quired to  advertise  for  proposals  for  carrying  the  mail  daily  from 
Louisville,  Kentucky,  to  New  Orleans." 

Mr-  BORLAND  stated  that  there  was  no  mail  route  from 
Louisville  to  New  Orleans,  a  distance  of  some  filteen  hundred 
miles  It  was  true,  that  there  was  mail  matter  carried  from 
Louisville  to  New  Orleans,  but  not  by  any  regular  mail 
line.  It  was  carried  the  same  as  freight ;  and  subject  to  all  the 
delays  and  irregularities  that  freight  was  subject  to.  It  had  been 
objected  that  the  expense  to  be  incurred  by  the  establishment  and 
support  of  this  mail  route  would  greatly  exceed  the  amount  of 
revenue  to  be  derived  from  the  receipts  of  the  mail.  Bv  the  pre- 
sent mode  of  carrying  the  mail  on  these  routes,  not  one  tenib  part 
of  the  mailable  matter  that  would  be  sent,  if  a  regular  system  of 
transmission  were  adopted,  was  sent.  If  regular  routes  were  es- 
tablished between  the  two  points,  on  account  of  the  regularity  and 
speed  of  the  mails,  the  government  would  derive  a  very  large 
amount  of  revenue,  more  than  enough  to  pay  the  expenses  of  the 
route.  The  introduction  of  a  regular  route,  and  a  regular  period 
for  the  transmission  of  mails,  would  soon  give  rise  to  competition 
for  the  transmission  of  the  mails,  which  competition  would  of 
course  lead  to  a  reduction  in  the  expenditures.  As  it  was  now 
under  the  present  system,  there  was  not  a  sufficient  amount  re- 
ceived to  pay  the  necessary  expenses. 

Mr.  HALE  wished  that  the  Senator  from  Arkansas  could  show 
what  efl'ect  his  amendment  had  upon  the  navy.  He  would  simply 
give  notice  that  if  the  Senator's  amendment  was  adopted,  ho 
would  immediately  move  an  amendment  to  the  bill  to  raise  the 
salary  of  the  distiict  judge  of  New  Hampshire.  This  proposi- 
tion had  been  before  the  committee,  and  was  as  fully  gcrmain  to 
the  bill  as  was  the  amendment  ol  the  Senator  from  Arkansas. 

Mr.  HAMLIN  considered  that  the  Senator  froui  Arkansas  was 
mistaken  in  his  statement  Ihal  there  was  no  mail  route  established 
between  Louisville  and  New  Orleans-  By  refereiue  to  the  statute 
book  it  would  lie  seen  that  all  navigable  streams  within  the  Union 
were  made  jiost  routes. 

Mr.  BORLAND  knew  very  well  that  that  was  the  law;  but  it 
was  equally  true  that  there  was  no  mail  route  between  Louisville 
and  New  Orleans,  as  ho  had  before  stated. 

Mr.  HAMLIN  replied  that  the  law  had  established  a  mail 
route  between  Louisville  and  New  Orleans.  But  he  was  opposed 
to  the  adoption  of  this  amendment  for  another  reason.  The  law 
having  already  established  a  post  route  between  these  two  points, 
this  amendment,  if  adojitcd,  would   take   from  the  Post  Office  De- 


July  21.) 


NAVAL  APPROPRIATION  BILL. 


915 


partment  the  power  to  control  tliis  mail  route,  and  would  give  to 
the  government  the  power  to  say  in  what  way  our  mails  should  be 
transported.  It  was  objectionable,  because  it  was  usurping;  in  this 
bidy  duties  which  appropriately  belonged  to  the  Postmaster  Gen- 
eral, ir  it  was  appropriate  in  this  case  for  Congress  to  decide 
how  the  mail  should  be  carried  between  these  two  points,  it  would 
be  appropriate  in  all  similar  cases. 

The  question  being  taken  upon  Mr.  Borl.^nd's  amendment,  it 
was  determined  in  the  negative. 

The  question  was  then  stated  to  be  upon  agreemg  to  the  amend- 
ment proposed  by  Mr.  Dix. 

Mr.  NILES  could  not  but  thmk,  as  the  principle  of  advances 
had  been  adopted,  that  this  was  a  case  deserving  of  greater  con- 
sideration even  than  ihe  one  upon  which  the  principle  had  been 
decided.  Here  it  was  evident  that  the  contractors  had  exhausted 
their  means,  and  were  laboring  under  very  great  difficulties.  If 
we  adopted  this  amendment,  we  would  gain  sometliing;  in  the 
other  case  we  would  gain  nothinn;.  The  contract  with  the  par- 
ties in  this  case  gave  ihem  the  option  to  run  two  of  their  vessels 
to  Havre.  We  had  no  right  to  compel  them  to  do  it;  but  if  wc 
made  these  advances,  tliey  would  do  it,  making  it  more  beneficial 
to  the  government  and  the  contractors  than  the  present  arrange- 
ment. °  Unless  we  made  the  advances,  the  Bremen  interest  would 
probably  control  the  action  of  the  contractors,  and  keep  all  the  ves- 
sels upon  the  regular  route. 

Mr.  DICKINSON  inquired  whether  these  advances  had  been 
asked  for  by  the  contractors  or  the  Secretary  of  the  Navy  ? 

Mr.  RUSK  understood  that  it  had  not  been  asked  for  by  eiilicr 
of  these  parties. 

Mr.  NILES  remarked  that  it  had  been  asked  for  and  recom- 
mended by  the  Postmaster  General. 

Mr.  RUSK  knewofnosueh  recommendation.     There  was  acon- 


troversy  now  going  on 


between    the    Postmaster  General  and  the 


assignees  about  the  subject  of  the  contracts,  and  testimony  had 
been  exhibited  before  the  Postmaster  General  of  such  a  nature  as 
satisfied  him  that  the  stock  of  the  line  belonged  in  reality  to  indi- 
viduals residing  in  Bremen,  represented  here  by  citizens  of  tlic 
United  States. 

Mr.  DIX  believed  that  there  was  a  controversy  between  the 
original  contractors  and  the  assignees,  but  that  would  not  effect 
the^transportation  of  the  mails.  It  was  a  question  with  sole  re- 
ference to  the  interests  of  those  parties  in  these  contracts.  Tho 
city  of  Bremen,  as  he  had  staled  yesterday,  had  loaned  some  money 
—not  to  the  company,  but  to  individuals  who  had  hypothecated 
their  htock  in  the  lino  for  that  loan— but  he  did  not  see  what  influ- 
ence that  had  upon  this  question.  These  vessels  were  employed 
in  this  service  under  contract  by  the  United  States.  The  com- 
pany was  now  engaged  in  building  a  vessel  nearly  a  thousand  tons 
larger  than  the  other  two,  and  were  very  much  in  need  ol  hinds. 
All  the  observations  made  with  respect  to  other  lines  applied  to 
this.  Upon  the  principle  of  equal  justice,  advances  thould  be 
made  in  this  as  in  the  other  cases. 

Mr  NILES  stated  that  the  communication  frf.m  the  Postmas- 
ter General  had  been  laid  lieforo  the  Committee  on  Finance.  The 
application  made  in  that  communication  in  behalf  ol  these  steam- 
boats was  oflered  contingently,  if  advances  were  made,  to  the 
other  lines.  He  was,  of  course,  in  hopes  that  the  Senate  would 
not  have  granted  the  advances  on  any  of  the  lines.  But  as  they 
had  been  made,  bethought  the  great  importance  ot  having  tvvo 
lines,  where  there  was  now  one,  demanded  that  advances  should 
be  made  to  these  parties  also. 

Mr  DIX  would  state  another  fact  in  connection  with  this 
amendment.  Last  vear  the  government  had  paid  this  lino  one 
hnndrcd  thousand  dollars  for  mail  facilities  to  Bremen,  and  had  re- 
ceived for  postage  only  fourteen  thousand  dollars,  thus  paying 
ei<Thlysix  thousand  dollars  more  than  the  amount  they  had  re- 
ceived for  postage.  If  the  division  in  the  Ime  was  made,  the 
amount  to  be  charged  the  government  for  carrying  the  mails  would 
be  only  seventy-fi^-e  thousand  dollars  per  year  for  each  lino,  saving 
some  fifty  thousand  dollars  to  the  government. 

Mr.  RUSK  desired  to  say  that  the  communication  of  the  Post- 
masterGeneral  was  not  laid  before  the  Committee  on  the  PostOlhce 
and  Post  Roads,  so  that  ho  was  relieved  from  any  responsibility 
m  the  matter,  when  he  had  stated  that  he  knew  nothmg  ol  any 
such  communication.  The  contract  for  this  line  was  originally 
made  with  a  ftlr.  Mills.  It  was  then  transleried  to  the  present 
owners;  the  most  of  the  capital  being  furnished  by  mdividuals  in 
Bremen.  Mills,  in  making  the  transler,  reserved  to  himsell  the 
rio-ht  to  build  these  vessels  and  put  them  on  the  line,  if  the  present 
owners  failed  within  a  reasonable  lime  to  complete  the  vessels. 
The  parties  were   now  failing  to  comply  with  the  contract, 


and 


ine  parties  weie   now  1,1.11111^  -^   r-j  ,„..„„  „ril,o 

Mills  in  consequence,  was  anxious  to  carry  out  the  te>ms  ol  the 
transfer,  but  the  other  parties  had  relused  to  ,'^'1°''^  '"  "'^  "/. 
thought  it  highly  improper  then  or  government  to  "'f «  ^-i^^""^ 
to  complete  The  line  when  individuals  were  anxious,  U  ^1  «  presen' 
oontraclin<T  parlies  would  allow  them,  to  finish  them  without  ap- 
pealin^  to°"overnment  lor  aid.  This  amendment  proceeded  on  the 
principle  that  there  were  two  wrongs  to  a  right. 

Mr.  NILES  wanted  to  see,  in  this  matter,  if  g«'"l«f»'i"  7"^'^ 
carry  out  the  principle  they  had  established;  whether  they  had  be- 


fore  voted  in  reference  to  the  particular  interests  of  those  who  pe- 
tioned  for  advances,  or  whether  they  voted  in  regard  to  the  fair- 
ness of  the  principle.  This  application  for  advances  came  here 
with  the  same  recommendation  that  the  other  did;  and  was  a  much 
stronger  case  in  every  point  of  view. 

Mr.  B.'VDGER  had  voted  against  striking  out  the  appropriation 
in  this  bill  for  advances,  because  that  appropriation  was  recommend- 
ed by  the  committee  of  the  House  of  Representatives,  had  the  ap- 
proval of  the  Secretary  of  the  Navy,  was  adopted  bv  the  House  of 
Representatives,  and  the  bill  containing  it  was  reported  to  the  Se- 
nate with  the  entire  approbation  of  the  C'ommitiee  on  Finance. 
That  being  the  ground  upon  which  he  had  voted,  he  .should  carry 
out  his  principles  upon  the  subject  hereafter  by  voting  against 
the  amendment  proposed,  because  it  had  none  of  those  sanctions. 

Mr.  BREESE  coincided  in  the  reasons  which  the  Senator  from 
North  Carolina  had  just  stated,  for  his  vote  in  favor  of  the  former 
appropriation  for  advances,  and  against  the  present  proposition  for 
advances  to  another  line.  He  would  simply  ask  for  the  reading  of 
that  portion  of  the  amendment  that  defined  the  nature  of  tho  se- 
curities to  be  given  to  tho  government. 

The  question  being  taken  upon  agreeing  to  the  amendment  of 
Mr    Dix,  it  was  determined  in  the  negative,  as  follows  : 

YE.\S— Messrs.  Dix.  Halo.  Iliiinliii,  Joliii^oD  of  Loaiiiana.  Nile*,  Pearce. — 6. 

NAVS — Messrs.  Allen,  Atf^liiHOn,  Alherton.  Badger.  Baldwin.  Bvatoo,  Berrien, 
Borland.  Bradbury.  Breeze.  Butler.  Calhoun,  Clarke.  Corwm.  Dickinson.  Dod(;e, 
I>ou^la<.Felcl),  Fitzgeralil,  Foote,  (ireeno,  Hanngan.  UouKiun,  Jolin,oli.  ol'Geori^a. 
King.  T.ewis,  Matcalfe,  .Miller,  Phelps,  Rusk,  SebusUan,  S)iruanc«,  Turoev, 
Yulee.— :i4. 

Mr.  YULEE  moved  to  amend  the  bill  by  striking  out  at  line 
41,  "and  $1,200,000  lor  completing  four  first  class  steamers,"  and 
add  it  at  end  of  line  44,  so  as  to  read  : 

"  For  increase,  repair,  armament,  and  equipment  for  lli-^navy,  inclniling  wear  and 
tear  ot'  vessels  in  eommission,  coal  tor  iteamers,  purchase  orherop,  $2,531,474;  and 
Si,'200,0n0  for  coin|»letiii{jfour  first  class  steamers." 

Mr.  YULEE  explained  that  this  was  a  mere  transposition  to 
conform  to  the  estimates. 

The  amendment  was  agreed  to. 

Mr.  YULEE  moved  further  to  amend  the  bill  by  adding  the  fol- 
lowing section  : 

Sec.  .  Jittd  be  it  further  tnactedt  That  so  moch  of  the  provisoof  (ho  act  of  3d 
of  March,  1843.  entitled  "An  act  niakin|7  appropriations  for  the  naval  service  for  the 
half  calendar  )'ear,  beginning  ihetirwtof  January  and  ending  rhe  thirteenth  of  June, 
184-1.  &c,"  as  requires  that  mnlerials  of  every  name  and  nature  for  the  aso  of  the 
navy,  be  furnisheil  by  contract  with  the  lowest  bidder,  tie  and  the  same  is  so  far  mod 
itled.  that  it  shall  be  lawful  for  the  Secretary  of  the  Navy,  hereafter,  to  enter  into 
contract  lor  tobacco,  from  lime  10  time  as  the  service  requires,  for  a  period  not  ciceed- 
iii;;  four  years  ;  and  in  making  such  contracts,  he  shall  not  be  restricted  to  tlio  lowest 
bidder,  unless,  in  his  opinion,  economy  and  the  best  interests  of  tho  service  will  lie 
thereby  promoted* 

The  amendment  was  agreed  to. 

Mr.  YULEE  moved  further  to  amend   the  bill   by  adding  the 

following  section  : 

Sec.  .  Mnd  he  it  further  enacted,  Tliat  the  number  of  professon  of  mathe- 
matics in  the  uavv  shall  not  exceed  tw.-he  ;  that  they  shall  be  apiKrinted  and  com- 
niiisioned  by  the  President  of  the  L'uiled  Slates,  by  and  with  the  advice  and  consent 
of  the  Senate,  and  shall  perform  such  duties  as  may  be  assi;:ned  them  by  order  of  (he 
Secretary  of  the  Navy,  at  the  Naval  School.  Observatory,  and  on  board  ships  ol'-war, 
in  instructing  the  uiidshijimen  of  the  navy  or  otherwise  ;  that,  svhcn  on  duty,  the  pay 
of  a  [trofessor  of  mathematics  shall  be  at  the  rate  of  lifteen  hundred  dollars  per  an- 
nniii,  with  a  ralion  ;  and  when  on  leave  of  absence  or  waiting  orders,  the  pay  shall 
be  al  the  rate  of  eight  hundred  dollars  per  annum. 

Mr.  YULEE  stated  that  the  object  of  this  amendment  was  to 
reduce  the  number  of  professors  to  the  actual  number  required. 
At  present,  constant  employment  could  not  be  given  to  all  of 
them;  and  it  was  desirable  that  the  number  of  thein  should  he  re- 
duced to  the  number  actually  required. 

Tiie  amendment  was  agreed  to. 

Mr.  YULEE  moved  further  to  amend  the  bill  by  adding  the  fol- 
lowing section  : 

S,-r.  .  ,ind  be  it  further  euactel.  That  the  Secretary  of  the  Navy  be,  and  he  is 
hereby,  authorized  to  cause  i>ersons  in  the  naval  service  or  marine  corps  who  shall  be- 
come insane  while  in  the  service  to  he  placed  in  sach  lunatic  hospitals  as  in  his  0|)in 
ion  will  be  most  convenient  and  best  calculated  to  [ironiisea  restoration  of  reason  , 
and  that,  in  addition  to  the  pay  which  may,  I'rora  time  to  lime,  l»e due  to  such  [wr- 
sons.  he  may,  from  the  annual  appropriation  for  the  naval  service,  un.ler  Ifie  head  of 
contiiigeiit  eiiuiiieratetl,  pay  any  deficiency  of  a  reasonable exiiense,  providcsl  that  in  ' 
c:ich  case  it  does  not  exceed  one  hundred  dollars  per  annum. 

The  amendment  was  agreed  to. 

Mr.  YULEE  moved  further  to  amend  the  bill  by  adding  the  fol- 
lowing section: 

Skction  And  be  it  further  enacted,  That  the  proviso  of  the  act  of  August  4tb,' 
1K4-J.  limiting  the  number  ot  officers  of  the  Navy  of  the  grade  of  midshipman,  10  the 
number  that  were  in  service  on  the  Ist  day  of  January  1841,  he,  and  is  hereby  so_ 
niodilied  as  to  authorize  the  appointment  of  officers  cf  tliat  grade,  to  the  nuiubcT  q\' 
four  hundred  and  sixty-four :  Provided,  That  tho  appoinmunts  shajl  be  made  ac- 
cording to  the  directions  of  the  5lh  section  of  the  act.  approved  iVfarch  3d.  1&45.  enti- 
Ued  ".\n  act  making  appropriations  for  the  Naval  service  for  tho  year  ending  tiM 
Stub  of  June,  1846."  ' 

Mr.  Y'ULBE  explained  the  nature  of  the  amendment,  stating- 
that  it  was  designed  to  do  away  with  a  ditficully  which  had  arisen 
in  regard  to  the  rank  of  passed  midshipmen  in  the  navy. 

Mr.  KING  could  not  but  think  that  tho  honorable  Senator  from 
Florida  was  mistaken  as  to  the  nature  and  etfect  of  the  amend- 
ment. It  certainly  had  no  earthly  bearing  upon  the  rank  of  passed 
midshipmen.     It   provided,  as   he  understood,  for  an  additional 


916 


NAVAL  APPROPRIATION  BILL. 


[Friday, 


number  of  midshipmen  so  as  to  con  esjiond  with  the  increased  num- 
ber of  the  States. 

Mr.  YULEE  acknowledged  that  he  liad  offered  the  wrong 
amendment.  He  had  an  amendment  prepared  relatmg  to  passed 
midshipmen,  and  thought  that  was  the  one  he  had  sent  up.  On 
lookina;  over  his  papers  ho  found  that  it  had  heen  mislaid,  and  he 
moved  therefore  to  proceed  with  the  one  ho  had  submitted.  Thi.s 
was  an  amendment  providing  for  an  increase  m  the  number  ol 
midshipmen,  to  make  an  equal  division  of  appointments  among 
the  States. 

Mr.  HALE  did  not  see  why  the  number  of  midshipmen  at  pres- 
ent was  not  sufficient  ;  and  why  the  department  could  not  easily 
divide  the  present  number  of  them  by  thirty,  as  to  ciime  to  the 
Senate  and  ask  for  an  addition  of  thirty  more.  He  found  by  the 
Navy  Register  that  there  were  208  passed  midshipmen,  and  228 
midshipmen  in  the  service,  making  434  in  all.  Thij  number  could 
be  divided  by  30  quite  as  readily  as  464. 

Mr.  YULEE  explained  that  the  number  of  midshipmen  now  au- 
thorized was  260,  and  it  was  proposed  to  add  four  for  Wisconsin 
and  Iowa,  leaving  200  as  the  number  of  passed  midshipmen. 

Mr.  HALE  demanded  the  yeas  and  nays  on  the  question  to 
agree  to  this  amendment,  and  it  was  determined  in  the  negative, 
as  follows: 

YEAS— Messrs.  Badger,  Berrien.  Borlautl,  Davis,  of  Massachusetts.  Davis,  of 
Mississippi,  Hannegan.  Joiinson.  ol"  Louisiana,  Julinson,  of  Oeorgia,  Lewis,  Miller, 
WeslL-on,  Vulee — 1^2. 

NAYS— Messrs.  Allen,  Allierton,  Baldwin.  Benlon,  Bradbury,  Breese,  Bnglil, 
Dickinson,  Dodge,  Felcli,  Fitz^jcrald,  Foole,  ILale,  Hamlin, Houston,  King,  Melcalle, 
Rusk,  Spruance,  Turney — ". 

Mr.  YULEE  moved  further  to  amend  the  iiill  by  adding  the  fol- 
lowing section: 

Sec.  .  Jlndbc  it  further  enacted.  That  from  and  after  the  passage  of  this  act,  the 
annual  nay  of  boatswains,  gunners,  carpenters,  and  sail  makers  al  tlie  navy  yard, 
Pensacola,  siiall  be  the  same  as  now  allowed  by  law  to  the  forward  warrant  officers  at 
the  navy  yards  Boston,  New  York,  and  Norfolk. 

Mr.  JOHNSON,  of  Louisiana,  moved  the  following  amend- 
ment, notice  of  which  had  been  given  by  Mr.  Johnson,  of  Mary- 
land at  a  former  day. 

Sec.  .'fw'i  he  it  further  eiwctetj,  That  the  sum  of  fifly  thousand  dollars  be,  .lud 
hereby  is,  anpropriatcil  for  indemnitroalion  for  losses  of  necessary  clothing,  uiiifoim, 
beiand  table  furniture,  books  and  instruments,  to  the  oflicers  and  crews  ofthesloop 
"  Peacock,"  which  was  wrecked  and  lost  at  the  mouth  of  the  Columbia  river,  on  ibe 
eighteenth  day, of  July,  eighteen  hundred  and  forty-one;  of  the  steam  frigate  "Mis- 
souri." burnt  at  Gibraltar  in  eighteen  hundred  and  forty  three;  the  schooner  "Gram* 
pus,"  lost  at  sea;  theseliooner  "Shark,"  wrecked  and  lost  al  ihe  mouth  of  the  Co- 
lumbia  river,  September  tenth,  eigbleen  hundred  and  forty-six;  and  the  brig  "  Soni- 
ers,"  lost  in  the  Gulf  of  Mexico;  the  sloop  of  war  "  Boston,"  lost  on  Eleuthera,ou 
November  two,  eighteen  hundred  and  Ibily-six;  and  the  steamer  "Hunter"  lost  in 
the  harbor  of  Vera  Cruz  ill  eighteen  hundred  ami  forty-seven  :  Vroi'ided,  That  the 
amount  of  such  losses  in  the  case  of  each  claimant  shall  be  estabhslied,  by  affidavit  or 
proot",  to  the  satisfaction  of  the  Secretary  of  the  Navy,  and  shall  be  paid  only  to  the 
applicant  himself,  or  his  authorizeil  agent,  or.  iu  ease  of  his  death,  to  his  widow,  or, 
if  there  be  no  widow,  tlien  to  his  surviving  children,  or  if  there  he  neither  widow  nor 
children,  then  to  the  brothers  and  sisters  now  living,  who  are  minors,  or  were  minors, 
at  the  time  the  loss  occurred;  Jlnd  prvrided  filsir.  That  no  more  lliau  the  actual 
amount  of  loss  shall  be  paid  in  any  cxse,  nor  shall  the  entire  allowance  or  account  of 
any  individual  in  the  respective  grades  exceed  the  following  sums,  viz;  to  a  captain, 
eight  hundreii  dollars;  to  a  commander  or  lieutenant  commanding,  si.x  hundred  dol- 
lars; to  a  lieutenant,  master,  surgeon,  assistant  surgeon,  purser,  chaplain,  professor, 
captain  of  marines,  chief  engineer,  four  hundred  and  fifty  dollars;  to  a  passed  mid- 
sliipmau,  first  assistant  engineer,  or  first  lieutenant  of  marines,  three  hundred  dollars; 
to  a  midshipman,  second  or  third  assistant  engineer,  second  lieutenant  of  marines,  se- 
cretary, clerk  or  master's  mate,  two  iiundred  dollars;  to  a  boatswain,  gunner,  carjien 
ter.  saihnaker,  one  Iiundred  dollars;  to  a  petty  ofticer.  or  sergeant,  or  corporal  of  ma- 
rines, fifty  dollars;  to  a  seaman,  ordinary  seamen,  marine  or  musician,  forty  dollars; 
to  a  landsman,  boy,  or  fireman,  tliirly  dollars. 

Mr.  JOHNSON,  of  Louisiana,  asked  that  the  consideration  of 
this  amendment  be  postponed  until  to-morrow  morning,  when  its 
author,  Mr.  Johnson,  of  Maryland,  would  be  in  his  seat  and  pre- 
pared to  defend  it. 

Mr.  BADGER  moved  that  the  Senate  adjourn.  The  motion 
was  negatived — Ayes  14,  Noes  24. 

After  some  desultory  conversation  as  to  the  propriety  of  con- 
sidering an  amendment  of  so  much  importance  at  that  late  hour  of 
the  day — 

Mr.  BENTON  reninrked  that  this  subject  was  a  very  intricate 
one,  and  required  a  patient,  careful  and  calm  investigation,  and 
should  be  reported  in  a  bill  by  itself.  He  wished  lo  call  the  atten- 
tiafl  of  the  Senate  to  a  subject,  to  him  of  greater  moment.  Since 
January  last  the  laborer  at  all  the  niivy  yards  had  been  without  his 
hire.  If  ibey  could  not  comply  with  the  command  of  the  bible, 
"let  not  the  sun  go  down  without  giving  the  laborer  lii.s  hire,'' 
he  would  say  let  not  the  sun  go  down  without  )iassing  that  bill. 
He  was  against  every  amendment,  and  wished  to  pass' the  bill  as 
it  then  stood. 

Mr.  JOHNSON,  of  Louisiana,  withdrew  the  amendment  in  or- 
der that  it  might  be  further  considered  upon  before  again  offered 
to  the  consideration  of  the  Senate. 

Mr.  HALE  moved  further  t«  amend  ibis  bill  by  athling  the  fol- 
lowing sections  : 

Skc.  .  ,1ndhe  it  further  enacted.  That  corporal  punislinicnt  be,  and  the  same 
hereby  is,  abolished  and  prohibited  in  the  nnvy. 

Sec.  .  Jlvd  Ite  it  farther  en'tcted.  That  the  spirit  ration  in  the  navy  in  hereby 
abolished,  and  in  hen  thereof  every  individual  who  receives  In  j  ration  in  kinil  shall  be 
entitled  10  receive  six  cents  p«r  day,  and  those  who  commute  the  whole  ration  two 
cents  per  day. 


Mr,  HALE  knew  that  the  Senate  were  becoming  wearied  of  the 
long  debate  they  had  had  upon  the  bill,  in  consequence  of  the  many 
amendments  suggested,  but  be  had  a  few  considerations  to  pre- 
sent in  connection  with  his  amendment,  which  he  felt  to  be  his 
duty,  notwithstanding  the  impatience  of  the  Senate,  to  offer.  He 
had  found  in  the  bill  which  was  then  before  the  Senate,  in  the 
eighth  section,  that  there  was  an  attempt  made  to  regulate  that 
subject  by  law.  The  section  required  that  the  Secretary  of  the 
Navy  report  to  Congress  the  number  of  persons  flogged  in  1S46- 
"47,  .specifying  the  name  of  the  ship  and  its  commanding  officer, 
and  the  number  of  lashes  inflicted;  similar  reports  to  be  made  here- 
after. We  had  had  laws  regulating  this  subject  ever  since  the 
organization  of  the  confederacy;  yet  what  did  they  amount  to? 
He  spoke  nothing  but  the  literal  truth  when  he  said  by  looking  into 
the  records  of  the  Navy  Department,  they  would  be  found  to  be 
perfectly  inoperative.  By  a  law  of  the  Congress  of  the  United 
States,  made  since  the  year  1800,  court  niartials  were  prohibited 
from  inflicting,  for  any  offence  not  capital,  more  than  one  hundred 
lashes.  He  iiad  found  by  reference  to  the  Navy  Department  that 
by  a  court  martial  held  at  Port  Malion,  m  1837,  for  an  offence  not 
capital — manslaughter — a  man  was  sentenced  to  receive  four  hun- 
dred lashes;  one  hundred  of  them  were  remitted,  and  three  hun- 
dred inflicted,  when  the  law  of  the  country  for  fifty  years  save  two, 
had  prohibited  the  infliction  of  more  than  one  hundred  lashes  at 
one  specified  time.  There  was  an  intimate  connexion  between  the 
spirit  rations  and  corporeal  punishment.  If  they  took  away  the 
cause  of  intoxication,  they  done  away  with  the  necessity  for  corpo- 
real jiunisliuient.  A  man  on  board  the  frigate  Constitution  lying 
oft'iMazatlan,  was  on  the  23d  March,  1846,'sentenced,  because  of 
intoxication,  by  Commodore  Sloat,  to  receive  fifty  lashes.  In  a 
letter  to  the  Commodore,  the  man  stated  that  he  desired  of  the 
court  while  deliberating  upon  the  extent  of  the  punishment  to  be 
awarded,  that  they  would  do  him  the  favor  to  recoramena  his  dis- 
charge from  a  ship,  where  he  was  placed  in  a  situation  where  the 
temptation  to  intoxication  was  beyond  his  control.  Thus  it  was 
the  government  got  their  sailors  drunk  by  law  and  then  flogged 
them  for  it.  [Mr.  H.  here  read  an  extract  from  a  newspaper 
published  in  1843,  giving  the  record  of  the  punishment  inflicted  du- 
ring a  single  voyage,  and  showing  the  severe  inflictions  of  corporeal 
punishment  apportioned  in  the  navy  for  the  most  trivial  offences.] 
It  was  perfectly  idle  in  his  opinion,  so  long  as  these  men  were  thus 
degraded  by  law,  lo  undertake  to  regulate  the  matter  by  law.  It 
hatl  been  reproachfully  said  of  him  (Mr.  H.)  that  his  sympathies 
and  philanthropy  had  been  .altogether  exercised  in  favor  of  the 
blacks.  He  would  now  ask  gentlemen  to  have  some  sort  of  con- 
sideration for  their  white  brethren,  who  were  the  subjects  of  the 
brutal  system  of  corporeal  punishment.  He  firmly  belicTcd,  and 
he  said  it  with  all  tnilli,  that  if  they  could  have  the  facts  apparent 
upon  the  records  of  the  Na\'y  Department  in  relation  to  the  sub- 
ject before  them,  it  would  be  seen  that  the  most  oppressive  sys- 
tem of  slavery  to  be  found  engrafted  upon  the  laws  of  this  country, 
gave  unlicensed  freedom  compared  with  the  slavery  to  be  found  on 
board  of  the  ships  of  war. 

The  question  being  taken  upon  agreeing  to  the  amendment,  it 
was  determined  in  the  negative. 


No  further    amendment 
the  Senate. 


being  made,  the  bill  was   reported  to 


The  question  being  on  concurring  in  the  amendments  agreed  to 
in  Committee  of  the  Whole — 

Mr.  TURNEY  asked  that  the  amendment  reducing  the  appro- 
priation for  the  Memphis  navy  yard  be  excepted. 

Mr.  KING  asked  that  the  amendment  making  advances  to  mail 
steamers  be  also  excepted. 

Mr.  DICKINSON  informed  the  Senator  from  Alabama  that 
there  was  no  such  amendment.  The  clause  authorizing  advances 
was  a  part  of  the  original  bill  as  it  came  from  the  House. 

The  question  being  taken  upon  concurring  in  the  amendments 
[excc|itmg  that  relating  to  tlie  Memphis  navy  yard]  it  was  deter- 
mined in  the  affirmative. 

The  question  then  recurred  upon  concurring  in  the  amendment 
reducing  the  appropriation  for  the  Memphis  navy  yard  from  $174,- 
03S  to  $100,000. 

Mr.  TURNEY  hoped  that  the  Senate  would  not  acquiesce  in 
the  amendment.  It  had  passed  through  the  committee  without 
his  eolloagne'.s  notice  or  his  own  being  called  to  it;  anil  he  should 
much  prefer  that  its  consideration  be  postponed  until  morning.  As 
however  the  Senate  appeared  desirous  of  passing  the  appropria- 
tion bill  to-day.  he  would  ask  of  the  Senate  that  the  amendment 
be  rejected.  The  work  was  being  prosecuted,  was  nearly  com- 
pleted, and  would  require  but  a  small  amount  of  money  to  finish 
it.  The  appropriation  asked  for  by  the  department  was  absolute- 
ly necessary  for  the  completion  of  the  work.  It  would  be  doing 
injustice  to  them  and  to  the  work  itself  to  except  the  amendment. 

Mr.  BERRIEN  thought  that  at  any  rate  the  sum  advancad — 
one  hundred  thousaml  dollars — would  bo  sufficient  to  keep  the  work 
in  operation  until  (-'ongress  again  met  the  coming  year. 

The  question  being  taken  upon  concurring  in  the  amendment, 
it  appeared  that  a  quorum  of  the  Senate  were  not  present. 


July  21.] 


NAVAL  APPROPRIATION  BILL. 


917 


Mr.  WESTCOTT  moved  that  the  Senate  adjourn.  The  motion 
was  negatived. 

On  motion  by  Mr.  BENTON,  it  was 

Ordered,  That  the  absent  Senators  be  sent  for. 

A  quorum  of  the  Senators  being  present, 

The  question  on  concurring  in  the  amendment  was  a^ain  put, 
and  it  was  determined  in  the  negative,  as  follows  : 

YEAS — Messrs.  Atlierlon.  Herrien,  Rratlbiiry,  Ilutler,  Callioun,  Davis,  of  Mi^ 
sis.ippi.  Hale,  Hamlin,  King,  Lewis,  Sprnaiup  -11. 

XAVS — Messrs.  Atchison,  Benton.  Borland,  Ilreese,  Uriflbt,  Dtokinsoa,  DoiJge, 
Dounla«,  Felcli,  Firzgerald,  Foole,  Hannegan,  ITonsion,  Jolmson.  of  Louisiana, 
JohDsoii'.    tf  o'eorgia.  Mason,  Rusk.  Sebastian.  Tuniey,  Westi'oti,  Vulee— 01. 

The  amendment  was  not  concurred  in 

Mr.  YULEE  moved  further  to  amend  the  bill  by  adding  the 
following  section  : 

"Sec.  .  ,'inibr  it  further  mactfd,'V\\&\.i\te  restriction  establislicrl  by  lire  4tli  sec- 
tion of  the  act  approved  March  3,  1845.  wheretty  no  nrore  than  one  huiiilred  and 
eiHity  passed  miiUlripmen.  and  those  serrior  in  rank,  sliall  at  the  same  tiiire  recerve 
the  pay  fixed  by  law  for  that  class  of  odicers,  he  stispcnded  in  itR  operation  Irotu  the 
passage  of  this  art  until  the  class  of  lH4i  and  Jd4-J  shall  liavc  been  examined,  and 
the  relative  rsnk  established  amon?  those  who  shall  pas,  thetr  exarnination- 

The  amendment  was  agreed  to. 


Mr.  YULEE  then  renewed  the  amendment,  disagreed  to  in 
Committee  of  the  Whole,  authorizing  the  appointment  of  officers 
of  the  grade  of  midshipman  to  the  number  of  four  hundred  and 
sixty-four. 

The  amendment  was  agreed  to. 

Mr.  ATHERTON  moved  further  to  amend  the  bill  by  inserting 
in  line  108,  after  "United  Stales,"  the  following  : 

— "if  the  contractors  shall  so  elect:  VmruUd,  That  «loie«,  freight  anJ  paueogen 
shall  be  transported,  for  one  voyatre,  ill  each  of  said  thi|n,  for  the  goVeraiueal,  from 
any  port  in  the  United  Stales  to  Panama  or  any  port  on  the  roDte  th«rrlo,  fr»«  of 
ebarj^e,  excludin;*  subsistence  of  piLssengerv." 

The  amendment  was  not  agreed  to. 

No  further  amendments  being  offered,  it  was 

Ordered,  That  the   amendments  be   engrossed  and  the  bill  read 

tie  third  time. 

The  said  bill  was  read  a  third  time. 
Ff.^otred,  That  this  bill  pass  with  amendntenls 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  iti  the  amendments. 

On  motion. 

The  Senate  adjourned. 


918 


THE  COMPROMISE  BILL. 


[Saturday, 


SATURDAY,  JULY  22.  1848. 


PETITION. 

Ml-.  HALE  pi-eseiUcd  the  petition  of  John  Lewis,  of  Philadel- 
phia, praying  that  the  privilege  of  eilizenslrip  proposed  to  be  con- 
ferred on  "free  white  mail  inhabitants"  of  the  territory  of  Oregon, 
by  the  bill  to  "establish  the  territorial  governments  of  Oregon, 
California,  and  New  Mexico,"  may  be  extended  to  others. 

Ordered,  That  it  lie  on  the  table. 

ADVERSE    REPORTS. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pensions, 
to  whom  was  referred  the  petition  of  Henrietta  Bedinger,  submit- 
ted an  adverse  report,  which  was  ordered  to  be  printed. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pensions, 
to  whom  was  referred  the  petition  of  Henry  Gray,  submitted  an 
adverse  report,  which  was  ordered  to  be  printed. 

MES9-1GE   FROM    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President  :  The  House  of  Representatives  have  passed  a  l>ill  malting  appropri 
ations  for  the  civil  and  diplomatic  expenses  of  government  for  the  year  endin,^  the 
30th  day  of  June,  184D.  and  for  other  purposes  ;  in  which  they  request  the  conciir- 
lenre  ol  the  Senate. 

They  have  passed  the  following  bills  of  the  Senate  : 

An  act  to  make  liangor  a  jiort  of  entry  for  vessels  coming  fiom  or  heyoiul  the 
Cape  of  Good  Hope. 

An  act  to  authorize  the  Secretary  of  the  Treasury  to  make  a  compromise  with  the 
securities  of  Francis  D.  Newcomb,  late  Surveyor  General  of  the  State  of  Louisiana, 

MESSAGE    FROM    THE    PRESIDENT. 

The  following  message  was  I'eceived  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretai-y  : 

Mr.  President  :  The  President  of  the  l.Tuited  States  approved  and  signed  the  '21st 
instant,  the  hill  amending  the  act  entitled  "an  act  granting  half  pay  to  widows  and  oi- 
phans  where  their  husbands  and  fathers  have  died  of  wounds  received  in  the  luililaiy 
service  of  Ihe  ITniled  States."  in  case  of  deceased  oflicers  and  stdiiiers  of  the  militia 
and  volunteers,  p.Tssed  July  4th,  183(5. 

THE    COMPROMISE    BILL. 

The  bill  to  establish  [he  territorial  governments  of  Oregon,  Cal- 
itornia,  and  New  Mexico,  was  read  the  second  time  and  consider- 
ed as  in  Committee  of  tho  Whole. 

Mr.  CLAYTON.— Nearly  eight  months  of  this  session  of  Con- 
gress have  passed  away  ;  the  interesting  and  most  important  sub- 
jects embraced  in  this  bill  having  been  long  and  ably  debated.  The 
Senate  will,  i  doubt  not,  be  rejoiced  to  hear  that  it  is  not  my  pur- 
pose to  inflict  upon  them  a  long  speech,  in  opening  the  discussion 
on  this  bill.  My  purpose  now  is  chicflv  to  state  the  contents  of 
the  bill  as  britfly  and  as  fairly  as  may  be  in  my  power — reserving 
the  right  usually  accorded  to  the  chairman  of  every  committee  to 
conclude  the  ilebate  on  the  bill,  if  ilebate  should  be  unavoidable. 
I  understood  the  object  of  the  Senate  in  the  appointment  of  the 
select  committee  to  be,  the  prevention  of  an  agitating  anil  exci- 
ting discussion  ;  and,  with  the  other  members  of  the  committee,  I 
cherish  the  hope  that  we  may  be  able  to  ellect  that  object  by  the 
passage  of  the  bill  which  we  have  reported. 

At  present,  the  only  question  to  whicli  I  desire  lo  call  the  at- 
tention of  the  .Senate  is:  What  are  the  substantial  provisions  of 
this  bill?  The  bill  referred  to  the  committee  was  one  providing 
for  the  establishment  of  a  territorial  government  in  Oregon.  The 
bill  which  wc  have  reported  contains  provisions  for  the  establish- 
ment of  territorial  governments  in  Oregon,  California,  and  New 
Mexico.  As  the  twelfth  section  of  the  bill  referred  to  its  was  the 
chief  subject  ot  debate  here,  it,  of  course,  first  oceiipied  our  at- 
tention. It  is  still  retained  as  the  twelfth  .section  of  the  bill  re- 
ported by  us,  but  .so  modified  by  the  committee  as  to  provide  that 
all  existing  laws  in  the  territory  ol  Oregon, 

"  Shall  Knitiinu-  to  In-  valid  an,!  upcralivc  therein  >o  f.ir  :ls  the  saiiif*  may  !"■  nut  iij 
compatible  with  the  coiislitnliou  and  the  provisions  of  this  act,  for  three  months  after 
the  tirst  meeting  of  the  legislature  of  i*uid  territ^iry  ;  subject,  iieverllicless.  lo  lie  altered, 
inodilied,or  repealed,  liy  th  .  legislative  assembly  of  the  said  territory  of  Oregon  ;  and 
the  constitution  and  laws  of  the  t'nited  Stales  are  hereby  extpiided  over,  and  declared 
to  be  in  force  in  said  territory,  so  tar  us  the  same,  or  any  provision  thereof,  may  be  ap- 
plicable." 

I  think  it  ray  duty,  in  order  to  explain  that  section,  to  jirescnt 
in  connection  with  it,  a  reference  to  those  existing  laws  of  Ore- 
gon, to  which  referfjnee  is  made  in  this  section,  'i'iie  .Senate  will 
find  them  in  Senate  document  of  the  first  session  '29ih  Congress, 
No.  353.  The  1st  article  6th  section  of  these  laws  jiositively  pro- 
hibit all  slavery  or  involuntary  servitude  (except  for  crime,  where- 
of the  party  shall  be  duly  convicted,)  in  the  whole  tr'rrilory. 

This  provision,  as  well  as  every  other  contained  in  these  orga- 
nic laws  of  Oregon,  is  continued  by  tho  force  of  this  bill,  until 
three  months  after  the  first  meeting  of  the  logislatiiro  of  the  ter- 


ritory of  Oregon — I  mean  the  legislature  provided  by  the  terms  of 
this  bill.  The  organization  of  the  government  of  the  territory  of 
Oregon  diflers  from  that  of  California  and  New  Mexico  in  one  im- 
portant particular  We  regarded  the  people  of  Oregon  as  enti- 
tled to  the  right  of  self-government,  and  we  have,  therefore,  giv- 
en them  in  this  bill  an  eleclive  territorial  legislature,  whose  laws 
are  liable  to  be  reviewed  and  annidlcd  by  Congress  ;  and  we  have 
given  ihem  also,  as  in  other  cases,  the  right  to  elect  a  delegate  to 
the  House  of  Representatives  of  the  United  States.  In  the  case 
of  the  territories  of  California  and  New  Mexico,  we  have  giver, 
no  such  power.  The  legislative  power  in  those  territories  is  vest- 
ed in  a  governor,  secretary,  ai.d  three  judges  in  the  case  of  Cali- 
fornia— two  judges  only  in  the  case  of  New  Mexico — who  shall 
have  power  to  make  all  laws,  as  in  the  ease  of  Oregon,  except 
such  as  relate  to  an  establishment  of  religion  and  the  institution 
of  slavery.  In  both  cases — that  is  to  say,  in  the  case  of  the  legis- 
lature of  Oregon,  and  in  that  of  the  legislature  of  California  and 
New  Mexico — the  legislative  power  is  restrained  in  regard  to  all 
enactments  touching  the  primary  disposal  of  the  soil  and  the  impo. 
sition  of  a  higher  rate  of  taxation  upon  the  property  ol  the  United 
States  and  the  property  of  non  residents,  than  upon  the  properly 
of  residents.  But  the'  great  distinguishing  feature  is,  that  in  the 
case  of  Oregon  the  legislative  power  is  conferred  upon  men  cho- 
sen by  the  people,  whilst  in  the  ease  of  California  and  New  Mex- 
ico, it  is  conferred  upon  the  appointees  of  the  President,  by  and 
with  the  consent  of  the  Senate. 

These  constitute  the  important  features  of  this  bill  to  which  it 
is  my  duty  now  to  call  the  attention  of  the  Senate  ;  and  I  suppose 
that  they  will  form  the  only  subjects  of  discussion,  if  discussion  be 
necessary  and  unavoidable.  I  repeat,  that  in  the  committee  all 
other  modes  of  compromise  or  settlement  were  in  vain  attempted  ; 
all  efforts  to  settle  the  great  question  now  agitating  and  disturb- 
ing portions  of  our  eouniry,  e.Kcept  that  which  resulted  in  the  pre- 
paration of  this  bill,  utterly  faileil.  It  is  my  deep  conviction  that 
no  other  mode  of  compromise  or  settlement  can  possibly  be  adop- 
ted. I  have  been  more  anxious,  for  my  own  part,  that  the  ques- 
tion should  be  settled,  than  as  to  the  means  of  settlement,  though 
I  would  not,  of  course,  surrender  any  great  principle  which  I  held 
sacred  in  order  to  effect  the  settlement  of  this  matter.  Indeed, 
the  great  merit,  in  my  judgment,  of  this  mode  of  settling  the  con- 
troversy, is,  that  no  man,  North  or  South,  in  voting  for  this  bill, 
sacrifices  any  great  principle  to  which  he  has  ever  been  commit- 
ted. The  bill  refers  the  whole  matter  in  controversy  between  the 
North  and  South,  to  the  decision  at  last  ol  the  judicial  tribunals  of 
the  country.  It  resolves  the  difference  between  them  into  a  con- 
stitutional and  judicial  question.  Any  man  who  prefers  discord 
and  civil  war  'o  that  mode  of  settling  all  differences  between  .sec- 
tions of  this  Union,  which  tho  consUtution  itself  points  out,  may 
and  can  consistently  with  his  opinions,  oppose  the  bill.  But  any 
man  who  desires  in  his  very  heart  to  avoid  this  great  disturbing 
question  between  the  North  and  South,  as  a  political  question — 
this  great  geographical  question,  as  it  has  become — can  do  so  by 
voting  for  this  bill,  which  resolves  into  a  mere  judicial  question 
to  be  decided  by  the  proper  eonstituiunal  tribunals  of  the  coun- 
try. I  do  not  mean  to  impeach  any  one's  motives  who  may  op- 
pose the  bill,  or  by  any  means  to  intimate  that  such  as  differ  with 
me  in  opinion  may  not  do  so  honestly. 

The  territorial  judges  appointed  under  this  bill,  will,  in  the  first 
instanee,  decide  all  questions  submitted  to  them  respecting  slave- 
ry. But  from  them  a  writ  of  error  or  appeal  to  the  Supreme 
Court  of  the  United  States  is  allov\-ed,  as  in  all  cases  where  writs 
of  error  and  appeals,  are  allowed  to  revise  the  opinions  of  tho  cir- 
cuit courts  of  the  United  States.  We  have  made  no  distinction, 
because  it  was  thought  it  would  be  invidious  to  make  one.  We 
have  allowed  the  right  of  appeal  as  fully  as  ever  it  had  been  al- 
lowed before,  and  in  doing  so  we  have  been  content.  It  is  palpa- 
ble to  every  lawyer,  that  whenever  a  question  arises  in  these  ter- 
ritories, proper  to  be  carried  to  the  .Supreme  Court  of  the  United 
States,  it  can  be  carried  there  by  any  man  acquainted  with  his 
profession. 

There  was  smiuo  information  comimiiiicalcd  lo  the  committee, 
which  has  not  yet  been  laid  bel'oie  the  Senate,  and  which  it  may 
be,  therefore,  proper  that  1  should  state  on  ihe  present  occasion. 
I  think  that  this  iiilormation  will  strengthen  the  conviction  of  the 
great  dillieiilty,  and,  indeed,  the  impracticability  of  settling  this 
question  in  any  other  mode.  The  compromiso  line  of  36^  30' 
was  proposed  and  voted  down  in  the  committee,  alter  a  most  ear- 
nest and  anxious  discussion.  It  was  voted  di>wn  in  every  way  in 
wliicn  the  proposition  could  be  presented.  The  proposition  of  the 
honorable  Senator  trom  Indiana  was  voted  down,  and  that,  also, 
of  my  friend  from  Kentucky.  The  Senate  will  perceive  by  the 
statement  which  I  tim  about  to  lay  before  them,  how  the  question 
would  have  been  settled  if  that  proposition — the  Missouri  compro- 
mise line — had  prevailed  in  commute.  By  a  report  made  at  the 
request  of  the  committee,  by  the  Commissioner  of  the  Land  Ofiice, 
ic  appears  that — 


July  22. J 


THE  COMPROMISE  BILL. 


919 


[Here  the  Senator  read  a  full  statement  made  by  the  Land  Com- 
missioner, of  the  area  of  each  section  of  the  territories  outside  of 
the  States,  from  which  it  appeared  that  the  area  of  all  north  of  36° 
30'  was  about  1,600,000  square  miles,  and  of  all  south  of  36°  30' 
about  262,000  square  miles.] 

In  other  words,  the  North,  by  that  compromise,  would  have 
about  six  times  as  much  territory  for  free  labor  ms  the  South 
would  have  for  slave  labor. 

Mr.  BALDWIN— <in  his  scat.)— What  is  the  extent  of  the  area 
of  Texas  ? 

Mr.  CLAYTON. — The  gentleman  asks  how  much  land  there 
is  in  Texas.  Let  him  add  it  to  the  amount  which  I  have  just  ^iv- 
en  as  lying  south  of  36"  30',  and  every  one  will  see  that  the 
territory  lying  north  of  that  line  is  two  or  three  times  cireat- 
er  than  that  south  of  the  line.  Il  was  agreed  by  the  south- 
ern members  of  the  committee  to  compromise  on  the  line  of  36"' 
30 ' ;  but  our  northern  friends  would  not  accede  to  that  propo- 
sition. I  make  no  complaint,  because  I  ilo  not  stand  here  for  that 
purpose,  but  rather  to  conciliate  men  from  all  sections  of  the  coun- 
try, and  to  entreat  them  to  put  this  n;reat  question  in  such  a  posi- 
tion that  it  mav  never  hereafter  endanger  the  safety  of  our  I'nion. 
I',  is  my  deliberate  conviction,  that  although,  as  I  said  the  other 
day,  the  bill  on  our  table  will  not  prevent  agitation — because,  in 
our  country  and  under  our  instiiutioiis,  no  bill  can  prevent  agita- 
tion— yet,  if  adipted,  the  safety  of  the  Uuion  will  be  placed  beyond 
the  reach  of  danger  from  agitation,  by  ils  tranquil  operation. 

I  forbear  trespassing  further  on  the  attention  of  the  Senate,  for 
I  did  not  rise  to  discuss  themerils  of  the  bill.  I  do  not  undertake 
to  dictate  to  gentlemen,  but  I  hope  that  a  vole  may  be  taken 
speedily  upon  this  bill.  I  trust  its  friends — if  it  have  friends  in  this 
liody — will  stand  by,  and,  after  allowing  ample  freedom  of  discus- 
sion to  every  gciitieman,  will  pass  the  bill  to  a  linal  deei.sion  as 
soon  as  may  be  consistent  with  the  full  exeruise  of  the  right  ol 
debate. 

Mr.  NILES. — I  desire  to  ask  the  honorable  Senator  one  or  two 
questions.  If  I  understand  him,  be  says  that,  in  his  judgment,  this 
bill  involves  no  sacrifice  of  any  opinion  maintained  by  gentlemen 
on  this  floor  in  this   debate.     I   wish   to   iiujuire  of  the  honorable 

Senator  whether  he  considers  this  bill 

Mr.  CLAYTON.— I  spoke  of  members  of  the  Committoo,  and 
intended  my  remarks  to  apply  to  them.  I  do  not  mean  to  say  that 
there  are  no  opinions  entertained  out  of  the  committee  inconsistent 
with  this  bill  ;  and,  I  will  add,  that  it  may  be  possible  that  one  or 
two  incmbers  of  the  committee  may  have  some  objections  to  the 
bill  ;  but  I  only  remarked  that,  in  my  own  view,  the  opinions  of 
members  of  the  committteo  might  be  reconciled. 

Mr.  NILES. — The  main  question  in  the  course  of  this  long  de- 
bate,  has  been  a  question  of  power.  It  has  been  denied  that  Con. 
gress  has  any  power  over  slavery  in  the  territories  ;  while,  on  the 
other  hand,  it  h.as  been  asserted  that  Congress  possesses  that  pow- 
er, and  thus  has  arisen  the  question  as  to  the  justice  and  propriety 
of  exercising  this  power.  Now,  the  inipiiry  which  I  wish  to  pro- 
pose to  the^enator  is,  whether  ho  considt^rs  this  bill  as  alErming 
or  disallowing  that  power?  Another  question  to  which  I  would 
desire  a  reply  is,  what  is  the  precise  principle  of  compromise  in 
this  bill  ?  1  understood  the  honorable  Senator  to  say  that  he  bad 
felt  it  to  be  his  duty  to  arrest  the  debate  with  a  view  lo  compro- 
mise. It  is  desirable,  then,  to  ascertain  the  principle  of  the  com- 
promise. I  have  lo^ikod  over  Ibe  bill  very  carefully,  but  I  have 
not  been  able  to  discover  it.  If  llierc  be  any  compromise,  1  should 
like  to  know  what  it  is.  I  should  like  to  know  what  is  yielded  on 
one  hand  and  the  other,  and  in  what  way  the  two  parties  are  ex- 
pected to  be  united. 

Mr.  CLAYTON. — The  gentleman  puts  two  questions  :  He  in- 
quires, first,  whether  this  bill  affiims  the  power  of  Congress  lo  le- 
trislaie  on  the  subject  of  slavery  in  the  territories.  I  reply,  thai 
The  bill  neither  affirms  nor  disaffirms,  but  leaves  the  whole  ques- 
tion to  the  proper  constitutional  tribunal,  which  1  understand  to  be 
the  Supreme  Court  of  the  United  ftatcs.  That  is  the  principle  ot 
compromise.  Again,  the  gentleman  inquires,  what  is  the  princi- 
ple of  the  compromise  ?  He  may  call  it  by  what  name  he  pleases, 
but  the  principle  of  the  bill  is,  that  it  refers  the  whole  matter  in 
controversy  between  the  North  and  South— and,  in  my  juilgnient, 
on  terms  perfectly  honorable  and  fair  to  both  parties— lo  the  great 
constitutional  tribunal  established  by  our  forefathers.  II  we  are 
not  willing  to  abide  by  that,  let  us  say  so.  I  lor  one,  am  willing 
to  abide  b)  it. 

Mr  NILES.— I  understand  the  honorable  Senator  regards  this 
compromise  as  doing  nothing— as  Waving  the  matter  precisely 
where  the  committee  found  it.  Permit  me  here  to  call  the  atten- 
tion of  the  honorable  Senator  at  the  head  „f  the  compromising  com- 
mittee to  the  fact,  that  that  is  procisciv  the  posilion  taken  by  the 
honorable  Senator  from  South  Carolina  in  his  speccn  and  concur- 
red in,  I  believe,  by  other  honorable  genilciuen  Irom  the  South. 
So,  then  this  is  a  compromise  on  the  basis  claimed  by  the  advo- 
cates of  slavery  here. 

Mr.  CALHOUN.— Will  the  Senator  yield  for  a  moment  ?  I 
be"  that  the  Senator  will  not  represent  mc  as  an  advocate  ol  sla- 
very. That  is  not  the  attitude  which  we  maintam.  We  stand 
here  only  as  claiming  the  rights  which  belong  to  us  as  conlederatcd 
members  of  this  Union,  and  we  are  willing  to  rest  our  rights  upon 
the  hi-'h  ground  on  which  the  Senator  from  Delaware  has  placed 


them — where  our  forefathers  placed  them,  and  where  we  place 
them.  That  is  all.  Wo  claim  nothing  for  slavery — nothing  ai  all. 
We  wish  to  see  this  Union  preserved,  and  Us  harmony  preserved 
with  It — for  it  is  worthy  to  be  preserved  only  upon  the  principles  of 
harmony. 

Mr.  DICKINSON.— When  this  maltcr  was  submitted 

The  PRESIDING  OIFICEK.— The  Senator  from  Connecticut 

retains  the  floor. 

Mr.  NILES. — I  am  very  happy  to  hear  the  remarks  of  my  hon- 
orable friend  from  Snuih  Carolina — for  such  1  hope  I  may  re- 
gard him — and  permit  ine  to  say  it  is  the  first  time  that  I  have 
heard  any  declaration  of  that  kind  from  that  quarter.  1  do  not 
know  wliether  I  interpret  it  correctly  ;  but  if  it  is  to  be  inireprctcd 
in  ils  fair  and  literal  import,  then,  sir,  there  is  no  controversy 
here.  If  there  be  no  claim  advanced  on  behalf  of  slavery,  conlro- 
versv  is  at  an  end.  and  we  are  here  all  united  in  opinion.  1  sup- 
posed that  the  claim  was,  that  the  slave  Slates  had  a  right  lo  laltc 
their  property,  as  it  is  called,  into  the  territories  of  this  Union,  car- 
rying with  them  that  protection  which  is  given  to  it  by  their  local 
laws.  It  has  been  urged  that  withoul  that  right  the  slave  Slates 
were  subjected  to  inequality.  But  if  no  such  claim  be  made,  then 
there  is  no  matter  of  coniroversy  here  :  and  let  us  just  carr^-  out 
this  idea  in  the  bill,  which  may  be  done  in  a  very  brief  section — 
and  we  can  pass  it  with  perfect  unanimily.  Let  iis  compromise 
on  that  great  )irinciplc,  looking  to  the  interests  of  the  whole  coun- 
try— as  the  country  of  a  free  people — pos.sessed  of  common  rights 
and  animated,  I  trust,  by  common  sympathies.  On  that  common 
basis  of  free  soil  and  free  principles  in  all  our  institulions,  let  us 
take  our  stand,  removing  all  (tausc  of  jealousy  and  unkind  feeling 
between  the  diflerent  sections  of  the  Union. 

But  I  apprehend  that  the  Senalor  means  snmethir.g  else  by  the 
declaration  which  he  has  just  made,  and  what  il  is  I  am  not  able 
exactly  to  understand.  If  it  mean  that  be  is  merely  contending 
for  a  punctilio — that  the  slave  States  must,  in  point  of  legal  form, 
in  some  abstract  point  of  view,  bo  placed  in  that  alliludc,  which 
he  regards  as  giving  them  perfect  equality,  I  should  not,  for  one, 
be  dis()0sed  to  bo  very  particular  in  regard  to  any  matter  of  that 
kind.  Circumstances,  of  cour.se,  may  present  apparent  inequali- 
ties in  diirorent  sections  of  the  Union.  The  form  and  descriplioas 
■  if  property  mav  vary  in  different  quarters  of  the  country;  but 
the  principles  tiiat  regulate  property  and  secure  private  rightsare 
uniform,  and  whatever  tliev  may  be  in  the  territories,  they  will 
apply  equally  to  all.  Gentlemen  of  the  South— if  certain  rales 
of  pnqirieiy  were  adopted  there— might  not  be  able  to  take  into 
these  territories  every  thing  that  is  recognized  as  property  in  their 
own  States  ;  and  so.  too,  with  us  at  the  North.  Will  not  the  rules 
anil  regulations  adopted,  apply  equally  to  all  >  Will  not  the  mea- 
sure of  justice  in  the  aggregate  be  uniform  and  equal  ?  However, 
I  did  not  rise  to  discuss  the  ipiestion. 

Mr.  DICKINSON.— Il  will  be  recollected  thai  when  the  mo- 
tion was  made  to  refer  this  matter  lo  a  select  coiuuiittec,  a  some- 
what protracted  debate  took  place,  and  it  was  obvious  to  all  that 
the  farther  the  discussion  proceeded,  the  difl'crcnl  sections  became 
still  more  and  more  removed  from  each  other.  I  hailed  il  then  as 
a  motion  of  peace,  and  I  am  yet  of  opinion  that  it  will  so  result. 
To  such  a  pitch,  indeed,  bad  the  debate  arrived,  that  when  the 
proposition  for  the  appointment  of  this  committee  was  made,  the 
Senator  from  Conneciicut  saw  fit  lo~ remark  that  Senators  who 
should  vol e  for  a  compromise  would  very  likely  find  themselves 
burnt  in  cHi"y  in  some  sccli<ins  of  the  country.  That  had  not  a 
very  "leat  .Teal  of  cHect  upon  mc.  So  fur  as  the  individuals  to  I  o 
hurnt'^in  elll"y  would  be  concerned,  the  proceeding  would  be  very 
harmless,  wliilc  it  would  certainly  be  a  very  suitable  expression 
of  opini<in  on  the  part  of  those  who  have  no  other  mode  ol  rcason- 
ioT,  If  anv  individuals  feel  disposed  lo  do  it  at  their  own  expense, 
and  furnish  images  about  as  heartless  as  themselves,  they  are  per- 
fectly welcome  to  burn  me  in  effigy  at  any  lime.  I  think  ihc  Sen- 
ator from  Connecticut  said  a  little  more  than  what  was  set  down 
lor  him,  though  he  may  have  pointed  to  a  plan  on  loot  noi  yet 
fully  developed.  However,  the  rcmaik  had  no  influence  upon  me, 
then,  nor  can  it  at  any  time  hereafter.  ,.   ,      ,      ^  ,  , 

I  was  appointed  upon  this  committee,  on  which  the  Senate  did 
ine  the  honor  to  place  me,  with  the  view  ol  efTecttng  an  honorable 
compromise,  and  providing  for  the  exigency  in  which  three  large 
territories  of  this  Union  are  now  placed.  I  believe  that  my  asso- 
ciates on  this  committee  were  actualed  by  the  same  motives.  W  e 
saw  these  territories  without  law;  one  of  them  having  existed 
for  a  Ion.'  time  without  any  law,  except  thai  supplied  by  its  pro- 
visimial  government;  and  now  an  unhappy  difference  growing  up 
between  its  people  and  the  Indian  tribes,  rendering  it  exceedingly 
desirable  that  that  territory  should  be  immediately  organized  and 
placed  on  ils  wav  to  the  Union.  It  was  also  imporlanl  and  de- 
sirable that  the  two  new  territories  of  California  and  jSew  Mexi- 
co should  be  placed  under  the  pupilage  of  the  Lnited  Mates.— 
What  was  to  be  done  >  Here  were  these  territories  without  law 
-midsummer  approaching,  and  Congress  engaged  in  an  exciting 
debaie  in  one  section  of  it,  without  any  prospect  ol  coming  to  a 
close.  The  select  commiuee  was  raised;  and  what  has  it  done  ? 
We  have  placed  the  Oregon  bill  in  a  form  to  which  no  human  be-  . 
ing  can  object,  unless  for  the  mere  purpose  of  cavil.  U  ith  regard 
to  New  Mexico  and  California,  we  have  neither  taken  from  one 
section,  nor  given  to  the  other.  If  the  South  asked  too  much,  and 
the  North  was  willing  to  concede  too  little,  we  have  "either  given 
to  the  one  nor  taken  from  the  other.     We  have  encroached  upon 


920 


THE  COMPROMISE  BILL. 


[Satueday, 


the  rinliisafnciiher.  We  liavelelt  the  subject  where  we  found  it 
— subject  to  the  constituliou  and  Congress  of  the  United  States; 
while  at  tiie  same  time  wc  have  placed  the  territories  on  their 
way  to  the  Union,  by  the  organization  of  a  provisional  government, 
which  is  restrained  IVom  any  legislation  tliat  can  eitiljarrass  this 
diiUeult  subject.  That  is  what  has  been  done.  We  have  not 
given  an  eleclive  legislature  to  the  territories  of  New  Mexico  and 
Calilornia,  lV>r  the  reason  tliat  the  people  are  not  there,  v/ho  arc 
to  control  their  destiny.  But  we  have  extended  the  laws  and  con- 
stitution ov<:r  them,  and  provided  for  the  appointment,  bj'  the 
President  and  Senate,  of  otiicers  who  will  cany  the  laws  ot  llie 
United  Stales  into  execution.  We  have  also  provided  that  those 
individuals  shall  make  local  laws,  or  police  regulations,  as  they 
may  be  more  properly  called,  restraining  them  as  I  have  said  Iroin 
touching  this  subject  one  way  or  the  other,  whilst  all  their  laws 
must  be  brought  here  for  our  revision.  The  whole  matter  may 
be  summed  u|)  in  the  inquiry.  Is  there  any  evil  to  be  apprehended 
from  extending  the  laws  and  constitution  of  the  United  States 
over  these  territories,  and  enlorcing  thein  there,  without  doing 
anything  farther  ? 

Mr.  NILES. — The  allusion  to  burning  in  eOigy  to  which  th« 
Senator  from  New  York  has  referred,  was  made  by  me  in  re- 
lation 10  what  had  formerly  happened,  on  occasion  of  an  attempt 
lo  bargain  away  what  were  considered  the  rights  of  one  section,  by 
a  patch-work  trafficking  scheme  of  this  kind.  Far  be  it  from  me 
even  to  indulge  in  the  language  of  threatening,  for  the  purpose  of 
influencing  the  action  ef  any  honorable  Senator  here;  and  1  may 
say  farther,  Ihat  my  friend  from  New  York  would  be  the  very  last 
member  of  this  body  that  I  would  think  of  treating  in  that  way.  If 
that  gentleman  disregards  the  solemn  and  reiterated  expression  of 
the  great  State  which  he  has  the  honor  in  part  to  re|iresent — if  the 
declaration  of  her  sentiments  in  her  sovereign  capacity  at  homo 
cannot  influence  his  conduct  here,  surely  it  would  bo  foolish  lo  at- 
tempt to  control  it  in  any  other  way.  There  was  one  remark 
made  by  the  honorable  gentleman  which  I  rose  to  notice.  I  un- 
derstand that  he  concurs  in  this  bill. 

Mr.  DICKINSON— (in  his  seat.)— I  do. 

Mr.  NILES. — He  approves  of  the  bill,  and  yfil  that  Senator  in 
the  early  ))art  of  this  session  made  a  speech  of  no  ordinary  charac- 
ter, but  one  of  great  deliberation,  mainly  delivei'cd  from  his  notes 
in  which  he  attempted  to  prove  that  Congress  has  no  jurisdiction 
over  territories  m  so  far  as  relates  to  their  government.  He  held 
that  Congress  had  merely  power  to  dispose  of  the  soil.  It  seems, 
then,  that  the  Senator  is  getting  light  upon  this  subject.  I  take 
encouragement  from  this  lad  :  who  can  tell  what  a  lew  months 
more  may  produce  in  the  develojiments  going  on  in  the  country, 
both  here  and  cicsewherc?  Who  can  tell  what  new  positions  may 
be  assumed?  I  am  not  without  hope  that  mv  honorable  friend  from 
New  York  will,  before  this  matter  be  ended,  entertain  opinions 
much  more  consonant  with  those  of  his  own  constituents.  Ho  is 
progressing,  sir.  Another  remam  of  the  Senator  I  desire  to  no- 
tice. He  concurs  fully  in  this  plan  of  compromise — this  compro- 
mise, which  IS  no  compromise  at  all — which  does  nothing — -which 
says  nothing — -which  settles  nothing — -which  amounts  to  nothing. 
The  Senator  asks  what  can  be  done,  but  organize  the  government 
there  and  leave  this  troublesome  question  open  to  be  settled  hereaf- 
ter? That  IS  my  objection  to  this  whole  procedure.  Here  is  the  point 
of  the  case.  You  propose  to  set  up  government  there.  You  pro- 
pose lo  invite  emigration  there.  You  propose  to  give  them  pro- 
teelioii  and  security  there.  Protection  and  security  to  whom,  and 
in  wli.it  circunistanees,  and  in  rejard  lo  what  kind  uf  property, 
and  what  relations  of  persons?  Now,  all  that  is  undelined.  Those 
persons  holding  slaves  have  a  right  to  go  there,  and  may  take 
their  slaves  there.  Do  you  not  invite  them  to  go  there?  Do  you 
not  in  some  degree  sanction  this  proceeding?  But  the  bill  goes 
farther.  It  is  not  entirely  negative.  There  is  something  positive. 
Let  me  call  the  attention  of  Senators  to  a  point  to  which  I  believe 
the  hiuiorable  chairman  has  not  alluded.  This  bill  affirms  some- 
thing. It  affirms  that  slavery  shall  not  be  prohibited  or  inhibited, 
or  excluded  by  any  action  by  the  government  which  is  set  up  there. 
Is  that  noihiiig?  I  think  it  is  not  to  be  misunderstood.  It  is  a  sort 
of  sanction  to  those  who  may  wish  to  go  there  with  that  kind  of 
property.  You  le;^ve  this  thing  open.  Nay,  yon  do  more.  You 
prohibit  the  government  which  you  establish  there  iVoni  interposing 
any  obstacle,  however  slight,  to  the  introduction  of  slave  property. 
You  leave  it  to  the  government  having  final  authority  it  is  true, 
that  is  to  the  Congress  of  the  United  States.  But  I  am  not  pre- 
pared lo  admit  that  this  principle — ^a  principle  of  fundamental  po- 
litical regulation — a  prinei|ilc  of  organic  law  can  be  in  any  sens© 
settled  by  the  courts.  We  leave  tills  tpiestion  entirely  open,  and 
jirohibit  any  action  on  it  by  the  authority  which  we  set  up  there, 
thus  holding  out  an  invitation  to  the  introduction  of  slavery  there; 
and  the  Senator  asks,  what  is  there  in  all  this?  Why,  supposing 
that  in  this  stale  of  things  the  population  emigrating  into  these 
territories  take  slaves  wiih  them,  I'oiue  at  the  proper  time,  and 
bringing  the  treaty  with  them,  knock  at  your  doors  for  admission, 
claiming  their  right  to  come  in  as  members  ol  this  Unitui,  what 
arc  you  to  say?  The  question,  perhaps,  comes  up  as  in  that  un- 
'ortiinate  controversy  with  regard  to  Missouri,  and  ihc  crisis  is 
upon  us — such  a  crisis,  I  will  not  say  asmay  dissolve  the  Union,  for  1 
believe  the  Union  to  bo  stronger  than  any  contest,  real  or  imagin- 
ary, between  opposing  sections  of  this  Union.  I  said  last  session 
that  I  believed  this  Union  to  be  stronger  than  slavery;  and  that  is 
the  strongest  thing  in  our  system,  except  the  principle  of  liberty, 


which  IS  perhaps  still  stronger  and  deeper.  But  the  question  will 
come  up,  and  it  is  immaterial  whether  it  be  presented  by  the  ma- 
jority or  the  minority  of  the  people,  for  when  rights  became  estab- 
lished— when  the  preservation  or  sacrifice  of  property  becomes  the 
question,  then  even  a  small  minority  will  everywhere  prevail  against 
a  majority.  The  minority  in  that  ease  obtain  an  immense  advan- 
tage. No  longer  in  its  original  form  and  aspect,  as  it  now  pre- 
sents itself  to  us,  the  question  will  then  be  whether  we  will  sacri- 
fice the  properly  that  may  be  in  this  territory,  or  whether  we  will 
be  bound  to  jirotect  it.  No!  no!  This  scheme  of  evading  for  a 
day  or  for  the  moment,  the  resjionsihility  thrown  ujioii  us — this  un- 
manly shrinking  from  the  duty  which  we  owe  to  the  country,  is  in 
mv  humble  judgment  utterly  unworthy  of  the  American  Senate. 
Be  it  more  or  less  troublesome  this  question  is  now  before  us,  and 
we  are  bound  to  meet  it  and  dispose  of  it  as  we  can.  If  we  can- 
not dispose  of  it  now,  let  us  do  no  more  than  was  done  with  retraid 
to  Louisiana.  There  no  attempt  was  made  to  establish  govern, 
ment,  but  an  act  was  passed  authorizing  the  President  to  appoint 
such  officers  as  might  be  necessary  to  preserve  some  temporary 
authority.  But  this  bill  is  of  a  very  dilferent  clKraclcr.  and  the 
honorable  chairman  tells  us  that  by  it,  this  threatening  question 
will  be  determined  forever.  That  is,  I  think,  rather  an  extrava- 
gant expectation.  Why,  sir,  the  Senator  himself  admits  that  it  set- 
tles notiiiiig,  that  it  leaves  this  thing  entirely  open,  adding  only  the 
evil  of  inviting  emigration  of  every  description  into  these  territo. 
ries.     This  the  honorable  Senator  calls  settling  the  question  ! 

Sir,  the  people  ol  this  country  have  some  little  discernment, 
and  they  will  desire  to  know  what  sort  of  a  settlement  this  select 
committee  have  made.  The  people  understand  the  question.— 
With  all  the  ingenuity  which  they  have  displayed  in  the  able  ar- 
guments on  both  sides  of  the  chamber,  gentlemen  have  not  been 
successful  in  so  mystifying  the  subject,  as  to  render  it  inexplicable 
to  the  people.  They  know  what  the  precise  issue  is.  They  un- 
derstand that  the  question  is  whether  this  territory,  which  we 
have  received  as  a  free  territory — if  I  may  say  so,  doubly  free — 
free  by  the  act  of  God  who  created  it,  and  free  by  the  act  of  man; 
and  that,  too,  of  a  half  civilized  people,  who  have  impressed  upon 
it  the  law  of  freedom — is  in  our  hand  to  remain  free;  or  whether 
we  shall  directly  or  indirectly  subvert  that  law  of  heaven  and  of 
man,  and  implant  there  the  institution  of  slavery  ?  That  is  the 
question.  The  honorable  chairman  of  the  etiminittee  says  that 
the  subject  is  to  he  relerred  to  the  courts.  That  is  avoiding  the 
question.  The  committee  have  shrunk  from  the  responsibility 
which  we  expected  from  them.  1  expected  no  good  from  the  ap- 
pointment ol  the  committee,  but  I  confess  I  did  not  suppose  that 
they  would  shrink  from  the  whole  subject  submitted  to  them,  and 
bring  us  a  bill  skulking,  dodging,  with  a  cowardly  visage,  avoiding 
altogether  the  subject  snbmilled  to  their  judgment. 

Mr.  DICKINSON. — It  seems  when  the  honorable  Senator  re- 
ferred to  Senators  burned  in  effigy,  that  he  referred  to  what  had 
bten  done — that  he  made  the  reference  to  affect  the  past  and  not 
the  future.  It  struck  me  then  as  a  most  extraordinary  remark  in 
the  Senate  of  the  United  Stages;  and  even  with  the  explanation 
which  has  been  given,  I  do  not  regard  it  in  any  difficult  light.  I 
hold  it  to  be  no  particular  honor  to  be  burned  in  clfigy  as  a  Sena- 
tor; but  as  that  proceeding  is  the  resort  only  of  the  coward  and 
the  rnllian,  I  do  not  consider  that  it  inflicts  any  disgrace;  neither 
shall  I  be  induced  to  alter  my  views  in  any  respect  by  such  a 
threat,  nor  by  the  allusion  to  the  fact  that  a  portion  of  my  con- 
stituents have  other  views.  By  what  authority  does  the  Senator 
call  me  to  account?  Where  did  be  obtain  his  warrant?  I 
would  say  to  the  honorable  Senator,  in  ihe  language  of  a  book 
with  \«"hich  he  is  probably  familiar,  "  Who  art  th  ii  ihat  judgesi. 
another  man's  servant;  to  his  own  master  he  is  to  answer,  and  not 
unto  thee  ?"  But,  sir,  if  the  Senator  can  show  that  I  am  respon- 
sible to  him,  I  will  render  him  my  reasons  for  my  course  with  plea- 
sure. And,  in  the  moan  lime,  when  ho  shall  have  rendered  an  ac- 
count of  his  own  stewardship  to  his  constituents  upon  all  the  great 
i|uesiions  of  the  last  (our  years,  in  the  language  of  the  banker,  if 
he  has  "  anything  over,"  i.nd  I  need  it,  I  will  draw  on  him  for  it, 
with  his  approbation. 

The  Senator  says  that  my  position  is  inconsistent  with  a  speech 
which  I  delivered  here  at  the  early  part  of  the  session.  II  I  had 
found  it  necessary  to  take  a  position  somewhat  inconsistent  with 
that  taken  heretofore,  if  on  deliberation  I  had  regarded  my  for- 
mer action  as  wrong,  I  would  not  for  the  mere  sake  of  being  incon- 
sistent, refuse  to  become  wiser  on  any  subject.  But.  my  present 
position  is  in  perfect  accordance  with  that  assumed  by  mo  on  tho 
occasion  to  which  the  honorable  Senator  has  alluded.  Allow  me 
lo  recall  the  attention  of  the  honorable  Senator  to  the  resolution 
which  I  had  the  honor  lo  inirodnco.     It  was  as  follows  : 

Rcsn/ml,  Tliat  in  ori^anizm';  A  Irrrltoruil  ;:overilinent  lor  leiiitory  Itelonging  lo  t  le 
l'nilt-(ljSlalf.s,  llip  |priiici(»li--.  ol^ell"  poverDnieiit  iipou  whicli  onr  lt.-ilefative  system  It^U 
will  Ik-  lies!  ;iroinote<t — tile  true  s|iirll  ami  m>-aiiili:,'  of  tile  (-oii-lilution  be  otiserved. 
mid  Itie  foiiiVilpracy  sirengliieii,  by  leaving  all  qiipstioiis  coiicernin;;  tile  doineslic  pol- 
icy ilierein  lo  the  legislature  cln«en  by  tiie  peopie  liiereol". 

Now,  so  far  as  the  Oregon  bill  is  concerned,  it  recognizes  to 
the  very  letter  the  principle  of  that  resolution;  and  I  would  here 
add,  as  I  feel  at  liberty  to  ilo,  that  in  coniinittee  I  voted  for  tho  ex- 
tension of  It  lo  New  Mexico  and  California — but  my  brethren  of  tho 
oomraittee  overruled  mc.  and  I  do  not  say  that  their  reasons  were  not 
good — because  tho  people  now  inhabiting  these  territories  many  of 
theiu  arc  but  half  civilized,  and  arc  perhaps  not  qualified  lo  exorcise 
all  the  rights  of  government,  and  we  deemed  it  besifor  the  present  to 
give  them  a  provisional  government.     These  tenilories  have  been 


July  22. J 


THE  COMPROMISE  BILL. 


921 


thus  placed  on  their  way  to  the  very  end  which  I  su<;£;ested;  and 
if  tlie  arrangement  does  not  fully  come  up  to  my  resoluiion,  tho 
spirit  of  it  IS  fully  carried  out.  But  whether  or  not  consonant 
with  my  resolution,  it  is  perfectly  immaterial  to  my  purpose,  and 
perfectly  immaterial  to  the  American  people.  I  have  no  schemes 
to  subserve,  and  this  is  no  skulking  hill,  unless  the  constitution  is 
a  coward,  and  the  laws  of  lire  United  Stales  skulk.  The  consti- 
tution and  Laws  are  extended  over  these  territories  in  the  place  of 
the  bludgeon,  the  dagger  and  the  rifle,  which  are  now  the  law 
there.  Tlie  Senator  from  Conneclieui  is  in  favor  of  leaving  these 
as  the  "lords  paramount"  there,  in  order  that  they  may  he  Iree!  I 
mean  to  establish  there  the  freedom  of  government,  and  not  the 
freedom  of  the  cut-throat.  I  mean  to  extend  the  laws  there,  and 
leave  it  as  free  as  God  and  our  institutions  leave  it,  to  brin^'  itself 
into  this  Union  according  to  the  principles  of  our  confederacy. 

I  did  not  rise  to  discu.ss  this  bill,  but  I  am  not  to  be  misrepre- 
sented. I  know  the  fevered  feeling  on  this  subject,  and  I  am  not 
ignorant  of  the  attempts  to  fan  it.  It  has  been  said  that  it  is  a 
hill  in  accordance  with  the  views  of  tho  Senator  from  South  Caro- 
lina. iWuch  OS  I  respect  that  gentleman,  I  do  not  think  that  the 
bill  is  better  or  worse  for  meeting  his  appnibalioii,  farther  than  I 
rely  on  his  great  experience.  But  why  did  the  Senator  from  Con- 
necticut speak  of  the  bill  as  having  received  the  sanction  of  tho 
Senator  from  South  Carolina,  unless  ho  meant  the  people  of  the 
North  to  believe  that  it  must  be  a  little  worse  on  that  account  ? 
Is  it  anything  the  worse  for  having  received  the  sanction  of  the 
Senator  from  South  Carolina  any  more  than  it  would  have  been 
if  it  had  received  the  sanction  of  the  Senator  from  Counectieut  or 
the  Senator  from  Rhode  Island,  or  a  Senator  Irom  any  other  sec- 
tion of  the  Union?  We  all  know  that  llie  Senator  from  South  Car- 
olina has  his  peculiar  views,  but  I  will  do  him  the  justice  to  say, 
that  upon  this  committee  he  exhibited  every  disposition  to  beeon- 
ciliatorv,  and  to  yield  as  far  as  he  consistently  could  yield.  Such, 
indeed,  was  the  spirit  manifested  by  all  the  members  of  the  com- 
mittee. They  brought  forward  the  best  project  which,  on  tho 
whole,  they  could  present.  The  Senator  has  asked,  if  I  approve 
the  bill  ?  I  do  with  my  whole  heart.  For  one,  I  could  go  much 
farther.  The  hill  does  not  meet  all  my  views ;  but  the  constitu- 
tion itself  was  made  up  of  compromises  on  this  subject,  and  all  our 
action  with  regard  to  it  must  be  in  the  same  spirit. 

Mr.  HALE  rose  and  was  about  to  address  tho  Senate,  hut 
yielded  to 

Blr.  CORWIN,  who  said,  I  wish  to  submit  to  any  member  of 
tho  committee  one  or  two  questions  to  which  it  is  very  desirable 
to  myself,  and  I  dare  say  to  many  others,  that  a  reply  should  be 
given  before  we  are  railed  upon  to  vote  on  this  bill.  The  bill, 
with  what  propriety  I  will  not  undertake  to  say,  has  been  des- 
cribed by  the  honorable  chairman  of  the  eommitte  as  a  compro- 
mise hill.  It  will  be  in  the  recollection  of  every  Senator,  that  du. 
ring  the  discussion  upon  the  Oregon  bill  which  gave  rise  to  the 
proposition  that  laws  should  bo  made  for  all  these  territ()ries  to- 
gether, there  was  one  point  of  law  discus.sed  by  several  gentle- 
men on  both  sides  of  the  chamber.  The  honorable  Senator  from 
South  Carolina,  if  I  did  not  misunderstand  him,  maintained,  that 
by  the  constitution  of  the  United  States  it  was  incompetent  for 
Congress  to  enact  that  slavery  should  not  exist  in  the  territories  ; 
and  that  it  was  equally  incompetent  for  any  territorial  government 
of  any  sort  that  might  be  erected  there  to  make  such  a  law.  I  un- 
derstood my  honorable  friend  from  Georgia  on  my  left  [Mr.  Ber- 
rien] to  maintain  the  same  proposition,  in  the  same  identical 
terms.  Now,  I  supposed,  that  after  that  discussion,  when  the 
whole  question  had  been  submitted  to  this  committee,  constituted 
chiefly  of  gentlemen  learned  in  the  law,  they  must  have  revolved 
in  their  minds  and  discussed  in  their  retirement,  this  fundamental 
proposition,  lying  at  the  bottom  of  all  our  action.  I  did  expect — 
though  perhaps  I  was  wrong  in  entertaining  that  anticipation — 
that  we  should  have  had  a  detailed  report  from  that  committee, 
resolving  that  radical  question  for  the  benefit  of  Senators  who 
might  not  be  able,  in  consequence  of  their  not  beins  learned  in  the 
law,  to  give  to  the  proposition  that  decree  of  attention  which  it 
deserved.  If  it  be  true,  as  was  maintained  by  my  friend  from 
Georgia,  for  whose  legal  acquirements  I  entertain  so  much  res- 
pect, that  I  can  scarcely  trust  myself  to  differ  from  him — that 
Congress  can  make  no  such  law — why,  then,  I  presume  that  the 
objection  urged  by  the  Senator  from  Connecticut,  on  the  other  side 
of  the  chamber,  tails  to  the  ground.  I  rise,  then,  for  the  purpose 
of  asking  of  the  learned  gentlemen  who  were  oceupied  so  assidu- 
ously for  some  days  in  the  examination  of  this  important  question, 
and  who  must  have  known,  before  they  retired,  that  if  this  grand 
obstacle  could  be  removed,  we  should  have  no  ditnciilty  at  all  in 
passing  such  a  bill,  whether  they  made  any  investigation  on  that 
point  ;  and  if  so,  whether  they  are  at  liberty  to  disclose  the  result 
of  it  to  the  Senate  ? 

Again  :  1  wish  to  be  informed  from  these  gentlemen  learned  in 
the  law — for  I  have  not  turned  my  attention  to  the  particular  sta- 
tuary provisions  on  this  point,  how  it  is  that  an  appeal  and  writ 
of  error  shall  lie  from  the  superior  judicial  tribunal  established  in 
the  territories,  to  the  Supreme  Court  of  the  United  States  ?  The 
gentlemen  of  the  committee,  having,  as  I  supposed,  very  sedulous- 
ly directed  their  attention  to  the  subject  which  divides  us  here — 
the  subject  of  slavery — 1  wish  to  know  whether,  when  this  law 
comes  to  be  put  in  operation,  the  committee  have  found  with  cer- 
tainty that  the  question  of  slavery,  as  it  is  usually  brought  up  in 
courts,  can  be  brought  by  a  writ  of  error  before  the  Supreme 
Court  of  the  United  States  without  some  speoifis  legislation?    For 

30rH  Cong.— Isr  ISession— Ko.  116. 


instance  :  I  believe  that  in  the  law  which  regulates  writs  of  er- 
ror and  appeals  from  the  circuit  courts  of  the  United  Slates  to 
tho  Supreme  Court,  it  is  provided  that  the  value  of  the  thing  in 
controversy  must  be  at  least  two  thousand  dollars  exclusive  of 
•osts.  I  have  been  told,  informally,  that  the  provision  in  this  bill, 
allowing  writs  of  error  and  appeal,  was  made  to  satisfy  any  gen- 
tleman that  it  was  the  intention  of  tho  committee  to  wiihdraw 
this  controversy  about  the  power  of  Congress  to  make  laws  for 
tho  territories  from  the  Congress  of  the  United  Slates — to  with- 
draw this  constitutional  question,  in  other  words,  from  Congress, 
and  submit  it  to  the  judicial  tribunals  of  tbt  country.  Now,  if 
that  be  so.  and  if  that  would  be  the  efTecl  of  (he  bill  in  case  it  were 
enacted,  I  wish  to  know  if  a  man  go  into  one  of  these  territories 
with  a  slave,  whether  the  object  of  the  bill  is  to  raise  the  question 
whether  that  sort  of  property,  without  law,  can  be  carried  into  a 
territory  where  there  is  no  law,  and  if  so,  how  it  is  to  be  carried 
into  eflect  ?  Under  the  existing  law  I  suppose  ihc  slave  would 
ask  a  writ  of  Aa5(!a«  corpus,  and  require  h  s  master  to  piodace 
him  in  court,  and  show  the  cause  of  his  capture  and  detention  be- 
fore one  of  these  territorial  judges  The  territorial  judge,  accord- 
ing to  this  bill,  is  to  be  appointed  by  the  present  Chief  Magistrate 
ol  tlie  United  States — a  fact  which  I  beg  to  mention  for  the  infor- 
maiiiiii  of  gentlemen  north  of  Mason  and  Dixon's  line.  This  judge 
will  decide — if  he  believe  the  constitutional  law  to  be  as  the  gen- 
tlemen from  South  Carolina  and  Georgia  maintain — that  the  mas- 
ter has  a  right  to  the  services  of  the  slave,  who  will  be  accord- 
ingly remanded  into  the  service  of  his  master.  That  is  the  way 
in  wtiicli  the  case  elaborates  itself  not  into  a  juilgment,  and  how 
it  is  proposed  to  bring  it  before  the  Supreme  Cnurl  of  the  United 
States,  so  that  it  may  be  decided  by  the  highest  judicial  tribunal 
in  America.  How  is  it  to  come  here  ?  Is  the  property  in  contro- 
versy of  the  value  of  two  thousand  dollars  ?  What  is  tho  value  of 
a  slave  ?  My  learned  friend  from  Georgia  smiles.  Perhaps,  I 
may  not  be  so  familiar  as  he  is  with  the  va'ue  of  that  kind  of  pro- 
perty. But  if  he  can  listen  to  me  with  the  gravity  which  I  inink 
tho  subject  demands 

Mr.  BERRIEN. — (In  his  scat,) — Tho  gentleman  is  entirely 

mistaken. 

Mr.  CORWIN. — I  withdraw  the  remark.  How  is  tho  value 
of  a  slave  to  be  ascertained.  We  are  told  that  there  is  no  pro- 
perty in  tho  man  but  simply  a  claim  to  his  services.  What  then 
is  the  value  of  his  services  ?  It  may  bo  more  or  less  according  to 
tho  judgment  of  men  ;  but  very  few  slaves  I  believe  sell  for  a 
thousand  dollars.  If  then  the  value  of  the  slave  do  not  reach  two 
thousand  dollars,  his  fato  is  decided  by  this  judge  appointed  by  the 
President  of  the  United  States,  who  sits  in  his  court  fifteen  hun- 
dred miles  from  Washington  City.     This  is  tho  final  judgment. 

I  may  be  wrong  in  all  this.  But  certainly,  as  the  law  now 
stands,  if  such  a  case  come  within  the  category  of  the  bill  before  us, 
I  have  difliculty  in  perceiving  how  it  can  be  brought  here.  I  say 
nothing  now  of  the  great  advantages  that  will  accrue  to  the  slave 
population  which  may  be  carried  there,  in  consequence  of  their 
having  such  an  easy  and  facile  method  of  bringing  their  case  be- 
fore tiie  Supreme  Court  ;  nor  of  the  perfect  equality  between  them 
and  their  master,  as  respects  the  givino;  of  the  requisite  security 
for  costs  ;  nor  of  the  ease  with  which  they  can  attend  the  Supreme 
Court  of  the  United  States,  after  a  journey  of  fifteen  hundred  miles 
during  the  vN-inter,  to  hear  the  decision  of  that  tribunal  as  to  vrhe- 
ther  Cuffee  or  his  master  is  right  in  the  matter  !  But  it  does  seem 
to  me  that  there  is  here  an  anomaly  worth  looking  at  about  tho 
noon  of  the  nineteenth  century.  I  do  not  rise,  however,  to  discuss 
the  question,  but  simply  to  ask  tho  learned  gentleman  from  Ver- 
mont, or  any  other  gentleman,  who  has  given  attention  to  this 
legal  question,  to  favor  me  with  a  reply  to  those  interrogatories 
which  I  have  now  respectfully  submitted.  I  should  also  bo  very 
happy  to  be  informed  as  to  the  amount  of  population  in  Upper 
California  and  in  that  described  in  this  bill  as  New  Mexico.  I 
believe  we  have  pretty  accurate  statistics  in  relation  to  the  popu- 
lation of  Oregon  But  I  am  somewhat  at  a  loss  to  know  why  a 
distinction  has  been  made  between  Oregon  and  the  teritories  of 
California  and  New  Mexico.  I  should  be  very  happy  to  know 
why  the  people  of  Oregon  have  been  regarded  as  capable  of  ma- 
king their  own  laws,  while  the  people  of  California  and  New 
Mexico  have  been  deemed  incapable. 

Mr.  CLAYTON.— The  committeo  thought  in  view  of  all 
the  facts,  that  the  people  of  California  and  ^ew  Mexico  were 
not  now  in  that  state  which  fitted  them  to  elect  a  delegate  to 
Congress,  or  a  territorial  legislature.  The  gentleman,  as  a  north- 
western man,  knows,  that  many  of  our  territories  in  the  first  in- 
stance, had  just  such  a  form  of  government  extended  over  them  as  is 
proposeil  in  this  bill  for  California  and  New  Mexico.  The  next 
stage  of  t»:rritiirial  organization  we  have  given  to  Oregon,  and  I 
think  my  friend  from  Ohio  must  admit  that  the  character  of  tho 
population  ol  New  Mexico  renders  them  utterly  unfit  for  self-go- 
vernment. 

Mr.  CORWIN.— Will  the  Senator  from  Delaware  allow  me  to 
ask  another  question?  Why  does  he  consider  the  people  of  New 
Mexico  unfit  for  self-government  ? 

Mr.  CLAYTON.— They  are  entirely  too  ignorant,  and  the  gen- 
tleman probably  knows  that  as  well  as  I  do. 

Mr.  PHELPS.— I  do  not  rise  for  the  purpose  of  discussing  this 
bill, 
were. 


Mr.  I'HKLrS. — 1  do  not  rise  lor  iiio  purpuso  ui  uiscuaoiny  i.ui> 
1  but  to  answer  the  inquiries  ol  the  Senator  from  Ohio;  which 
3re,  in  half,   at  least,  addressed  to  me.    But  before  I   pro. 


922 


THE  COMPROMISE  BILL. 


[Saturday, 


ceed  to  answer  the  questions  directly,  I  beg  the  pVivUego  of 
saying  in  the  outset,  that  in  my  judgment  a  great  deal  of  con- 
fusion has  been  thrown  around  the  subject  from  the  want  ol  a 
proper  discrimination  between  the  different  aspects  in  which  it 
Is  presented.  It  came  here  originally  upon  this  Oregon  bill,  as 
a  mere  legislative  question.  The  question  propounded  was, 
what  legislaiiou,  under  all  the  circumstances,  would  be  proper  for 
these  ten-itories  ?  Should  we,  by  any  express  act  ol  Congress, 
admit  slavery,  or  should  we,  by  the  same  means,  pruliibit  it  ?  But 
in  the  course  of  this  discussion  it  was  insisted  in  certain  quarters 
that  the  constitution  itsel.''had  settled  this  question,  and  that  our 
legislation  was  thus  precluded — that  this  question  is  not  a  legisla- 
tive question — that  it  never  was  and  never  can  be — that  it  is  a  ju- 
dicial question;  not  to  be  settled  by  us,  but  to  be  settled  alone  hy 
the  proper  judicial  tribunal.  Now,  suppose  that  we  pass  the  V\  i|. 
mot  proviso — that  we  enact  the  ordinance  of  '87  as  a  part  of  the 
territorial  law,  this  constitutional  question  lies  at  the  bottom  alter 
all.  Gentlemen  may  then  insist,  as  they  insist  here  now,  that 
these  constitutional  guaranties  cannot  be  done  away  with  by  lesis- 
lation.  The  question  still  recurs,  notwithstanding  our  legislation, 
what  is  to  be  done  with  it  ?  We  must  go  to  the  expounders  ol  the 
constitution.  The  question  must  rest  with  the  Supreme  Court, 
where  the  constitution  itself  has  placed  it.  This  bill,  then,  leaves 
the  question  where  we  must  leave  it,  because  it  is  not  in  our  pow- 
er to  decide  it. 

I  think,  then,  that  great  difficulty  has  been  thrown  over  the  sub- 
ject by  a  failure  to  distinguish  between  the  power  of  Congress  to 
enact  municipal  laws,  and  a  constitutional  question  involving  a  con- 
struction of  the  constitution,  with  respect  to  which  Congress  have 
no  power  of  exposition.  Let  us  determine  as  we  may  the  ques- 
tion the  constitutionality  of  the  law  is  to  be  settled  elsewhere.  II 
this 'bill  leave  the  question  to  the  constitutional  expounders,  can 
gentlemen  complain  that  we  have  not  attempted  to  do  that  whicli 
the  constitution  has  put  out  of  our  power,  but  have  lelt  the  subject 
where  the  constitution  placed  it  ? 

But  the  inquiry  is  raised,  whether  this  subject  can  be  brought 
before  the  highest  judicial  tribunal,  and  it  is  said  that  the  bill  leaves 
it  to  the  terntorial  government  jurisdiction.  Well,  that  is  inevi- 
table. No  judiciary"  system  can  be  established  there  which  does 
not  possess  that  iurisdiction.  It  may  be  so  connected  with  the  or- 
dinary administration  of  justice  that  it  is  impossible  to  deny  this 
power  to  the  judicial  authority  of  the  territory.  But  the  commit- 
tee have  endeavored  to  provide  that  the  decision  of  the  judicial  au- 
thorities of  the  territories  shall  be  subject  to  the  supervision  of  the 
hit^hest  judicial  tribunal.  If  the  lionorable  Senator  had  adverted 
to^the  celebrated  Mississippi  case,  (the  case  of  Slaughter,)  involv- 
ing this  principle,  he  would  have  lound  how  the  case  was  brought 
betore  the  Supreme  Court. 

Mr.  CORWIN. — What  was  the  amount  in  controversy  ' 
Mr.  PHELPS. — I  admit  that  it  was  over  two  thousand  dollars. 
But  is  it  to  be  supposed  that  this  species  of  population  or  property 
is  to  be  carried  to  any  extent  into  those  territories  without  involv- 
ing transactions  which,  in  point  of  pecuniary  magnitude,  would  be 
brounht  within  the  cognizance  of  the  Supreme  Court  ?  Bnt  the 
Supreme  Court  possesses  jurisdiction  over  writs  of  habeas  corpus. 
I  know  that  they  decided  in  one  case  not  to  sustain  the  writ;  I  allude 
to  the  case  of  Bariy,  of  New  York.  The  only  piaeticable  rule  is, 
that  they  take  cognizance  of  the  writ,  where  they  have  cognizance 
of  the  subject  matter.  But  if  they  have  not  jurisdiction  of  the 
subject  matter,  they  have  no  cognizance  of  any  writ.  The  case 
of  Barry  was  one  of  that  description.  The  subject  matter  did  not 
come  within  their  jurisdiction.  Bnt  by  the  constitution,  and,  if  I 
mistake  not,  by  the  act  of  '89,  the  Supreme  Court  can  issue  a  writ 
o{  habeas  corpus  in  all  cases  proper  for  the  cognizance  of  that 
court. 

Wo  insist  on  the  part  of  the  free  States,  and  need  hardly  repeat 
that  if  the  territory  of  New  Mexico  be  free,  as  I  now  as- 
sume it  to  be,  the  municipal  laws  of  that  conquered  or  ceded  ter- 
ritory apply  until  they  are  altered  by  a  competent  legislative  pow 
er.  That  I  hold  at  present  to  be  the  doctrine  of  the  civilized 
world  ;  and  every  gentleman  from  the  slaveholding  States  will 
not  controvert  it.  But  they  insist  that  the  constitution  is  necessa- 
rily extended  over  these  territories,  because  that  is  the  political 
charter  of  the  country.  The  argument  is  then  presented,  that 
the  guaranties  of  the  constitution  apply  to  this  s(jecics  of  property 
and  supercede  the  local  law  of  the  conquered  territory.  Hence 
the  question  eomcs  directly  before  the  Supreme  Court  of  the 
United  States,  and  no  man  can  doubt  that  any  process  which  is 
adapted  to  the  case  calculated  to  bring  its  merits  before  that 
Court  will  bo  sustained  by  them.  I  have  never  supposed  that  the 
jurisdiction  of  the  Supreme  Court  over  this  subject  would  bo  dis- 
puted. It  may  be  brought  up  in  a  variety  of  ways.  It  is  a  very 
poor  compliment  to  the  constituents  of  the  Senator  from  Ohio,  or 
10  mine,  to  suppose  that  any  pecuniary  difficulty  can  be  interposed. 
The  question  can  very  readily  be  tested.  I  hold  that  if  the  ques- 
tion arises,  the  constitution  gives  the  Supreme  Court  jurisdiction 
over  the  matter  without  reference  to  the  value  of  the  thing  in  con- 
troversy ;  and  that  wherever  the  Court  have  jurisdiction  over 
the  subject  matter,  they  have  of  course  jurisdiction  over  all  the 
means  necessary  to  bring  it  before  them. 

Mr.  WESTCOTT. — I  desire  t"  make  an  inquiry  of  tho  Sena- 
tor from  Vermont  with  regard  to  the  provisions  of  this  bill  which 
relate  to  California  and  New  Mexico.  If  I  recollect  tho  phrase- 
ology of  the  bill,  it   declares   lUat  the  goTeinor,  secretary,  ttud 


judges,  to  whom  is  given  the  legislative  power  in  those  territo- 
ries, are  prohibited  from  adopting  any  legislation  respecting  sla- 
very, The  query  which  I  wish  to  put  is  this  :  whether  the  words 
"  respecting  slavery"  relate  merely  to  the  inhibitiou  or  exclusion 
of  slavery,  or  a  positive  and  direct  admission  of  slavery  in  express 
terms;  or  whether — and  this  is  the  point  to  which  I  would  partic- 
ularly direct  his  attention — whetlier  the  phrase  is  intended  to  pro- 
hibit the  legislative  power  from  passing  any  of  those  enactments 
for  the  punishing  of  slaves  for  crimes  and  misdemeanors,  as  dis- 
tinguished from  the  punishment  of  crimes  committed  by  other  per- 
sons, which,  in  every  slaveholding  community,  have  been  found  es- 
sential to  the  safely  of  such  community. 

Mr.  PHELPS.— Twill  answer  the  Senator  as  far  as  I  am  able; 
and  I  will  here  remark  that  the  language  of  the  bill  will  speak  for 
itself.  I  believe  I  was  the  first  person  who  suggested  this  restric- 
tion, and  for  reasons  which  I  need  not  explain.'  My  purpose  was 
— and  such  I  understand  the  provisions  of  the  bill  to  be — to  pro- 
hibit the  enactment  of  any  law  which  should  recognize  or  directly 
or  indirectly  establish  the  institution  of  slavery  in  the  territory, 
and  of  course  it  would  prohibit  the  enactment  of  any  law  which 
should  forbid  its  establishment.  My  purpose,  and  I  believe  the 
purpose  of  the  committee,  was  not  to  entrust  this  troublesome 
question  to  the  appointees  of  the  President,  but  as  far  as  it  was  a 
subject  of^  legislation,  to  leave  the  power,  as  it  is  now,  in  Congress. 
If  we  were  to  entrust  this  duty  to  the  constituted  authorities 
there,  it  would  never  be  exercised  in  a  manner  satisfactory  to  the 
people.  But  so  far  as  respects  the  punishment  of  offences,  great 
or  small,  it  never  entered  into  my  conception  that  this  bill  would 
inhibit  proper  criminal  enactments. 

Mr.  WESTCOTT.— The  Senator  does  not  touch  the  question 
which  I  propounded.  He  is  aware  that  in  all  the  slave  States  it 
has  been  fr)iiiid  necessary  to  have  laws  for  punishing  slaves  dis- 
tinct from  those  which  apply  to  the  while  inhabitants.  The  ques- 
tion I  ask  is,  whether  this  distinctive  character  of  the  law  is  to  be 
established  there? 

Mr.  PHELPS. — I  was  about  to  say,  that  in  my  judgment, 
whatever  penal  laws  are  enacted  by  the  legislative  power  of  the 
territory  must  be  uniform.  I  certainly  do  not  understand,  that 
under  the  color  or  in  the  form  of  criminal  legislation  they  could 
distinguish  between  persons  held  in  servitude  and  other  citizens  ; 
because,  if  the  power  is  allowed  to  distinguish  between  those  per- 
sons and  others,  there  is  no  limitation  upon  the  exercise  of  the 
power  as  to  the  extent  to  which  it  may  be  carried. 

I  think  the  question  of  the  Senator  is  answered,  by  saying  that 
the  purpose  of  the  committee  was  to  leave  the  institution  where 
it  has  been  placed  by  the  constitution  of  the  country  ;  to  retain  the 
power  over  it  in  that  tribunal,  from  which  we  have  no  authority 
to  withdraw  it. 

Mr.  NILES. — I  understand  the  Senator  from  as  giving  it  as  his 
opinion  that  the  territories  of  New  Mexico  and  Cahfornia  are  now 
free  territories.  I  should  like  to  know  what  was  the  opinion  of  a 
majority  of  the  commiitee  on  that  point.  The  Senate  will  see 
the  importance  of  this  from  the  inhibition  of  any  action  of  the  lo- 
cal government  upon  the  subject.  The  existing  law,  whatever  it 
is,  is  not  to  be  disturbed.  Another  question,  and  that  is,  whether 
Congress,  in  establishing  these  temporary  governments,  and  giv 
ing  to  the  local  governor  the  power  to  veto  the  territorial  legisla- 
tion, has  parted  with  its  jurisdiction  over  the  subject,  or  whether 
we  will  still  be  at  liberty  to  pass  laws  in  relation  to  the  subject  of 
slavery,  or  any  other  subject,  to  be  applied  to  the  territories.  If 
we  still  have  this  power,  then  there  is  nothing  settled  ;  if  we  have 
not,  then,  as  the  local  authorities  are  prohibited  from  acting  upon 
it,  the  question  which  I  first  raised  becomes  still  more  important, 
because  the  existing  law  must  remain  as  it  is.  The  local  author- 
ities cannot  act,  and  if  Congress  divest  itself  of  the  power,  there 
is  no  way  in  which  the  subject  is  to  be  controlled  until  the  territo- 
ries become  States.  All,  1  believe,  will  admit  that  Congress  has 
exclusive  jurisdiction  over  these  territories,  and  they  may  exercise 
it  in  one  of  two  ways  :  they  may  either  make  laws  directly  apply- 
ing to  the  territories,  or  they  may  constitute  a  government  there. 
The  latter  has  been  the  course  of  action  heretofore  in  regard  to 
territories ;  and  when  Congress  does  this  in  reference  to  munici- 
pal matters,  divesting  themselves  of  authority,  and  constituting 
local  tribunals,  I  wish  to  know  whether  it  is  considered  that  the 
power  of  Congress  is  exhausted. 

Mr.  BALDWIN. — From  the  views  which  have  been  expressed 
by  members  of  the  committee  who  have  spoken  upon  the  subject, 
as  w£U  as  Irom  the  reading  of  the  bill  which  they  have  presented 
to  the  consideration  of  tho  Senate,  it  would  appear  that  the  legis- 
lated contemplated  by  the  committee  as  proper  for  New  Mexico 
and  California  is  very  dilfercnt  from  that  wliich  the  commiitee 
have  conlemplatcd  as  proper  for  the  territory  of  Oregon.  It  has 
seemed  to  me,  sir.  from  the  first,  that  there  was  no  proper  basis 
for  connecting,  for  any  purpose,  the  interests  of  the  people  of  Or- 
enon  wilh  the  interests  of  the  people  of  New  Mexico  and  Califor- 
nia— territories  acquired  as  the  fruits  of  the  war  in  Mexico. 
When  this  bill  was  referred  to  ihe  committee,  it  was  a  bill  for  tho 
organization  of  a  territorial  government  for  the  people  of  Oregon, 
and  for  them  alone.  I,  for  one,  am  not  willing  to  admit  that  thera 
is  any  question  here,  as  it  respects  the  difl'ercnt  portions  of  this 
Union,  of  a  purely  local  character.  In  the  remarks  I  had  tho 
honor  to  submit  to  the  Senate  at  the  commencement  of  the  dis- 
cussion of  the  Oregon  bill  I  stated,  that  in  my  view  the  question 


July  22.] 


THE  COMPROMISE  EILL: 


923 


was  a  national  question,  and  should  bo  regarded  as  a  nntional 
question,  and  that  we  should  adopt  a  form  of  government  for  the 
Oregon  territory,  with  a  view  lo  great  national  purposes,  with  a 
view  to  tlio  interests  of  this  rcpubiie  as  well  as  to  the  interests  of  the 
people  of  that  territory.  I  am  tinwillins  now,  sir,  to  regard  it  as  a 
question  of  any  other  character,  and  I  think,  therefore,  that  there  is 
an  impropriety  in  connecting  the  question  as  to  California  and  New 
Mexico  with  the  question  of  forming  a  territorial  government  for  Or- 
egon, because  upon  the  very  face  of  tliis  bill,  there  is  an  admission, 
an  acknowledgement,  that  we  regard  it  as  a  question  between  the 
North  and  the  South,  which  is  to  b }  settled  irrespective  of  the  in- 
terests of  tlie  whole  community,  irrespective  of  the  interests  of 
each  particular  portion  of  the  territory  for  whose  government  we 
are  now  called  on  to  provide.  Sir,  I  regard  these  territories  as 
standing  upon  a  dilTcrent  footing,  in  many  respects,  in  regard  to 
the  legislation  which  it  may  be  proper  for  us  to  adopt.  We  were 
informed  the  other  day  by  the  distinguished  Senator  from  South 
Carolina,  who  is  a  member  of  this  committee,  and  who  has  occu- 
pied heretofore,  during  the  discussion  between  this  and  a  foreign 
government  in  regard  to  the  title  to  Oregon,  a  position  which 
caused  liim  to  direct  his  enquiries  to  the  origin  of  the  title  of  ihis 
government  to  that  territory.  We  were  informed  by  him.  that  he 
regarded  our  best  title  to  the  territory  of  Oregon  as  being  derived 
from  the  cession  by  France  of  Louisiana  ;  and  in  looking  to  the 
correspondence  which  took  place  between  the  distinguished  Sena- 
tor, then  occupying  a  prominent  place  in  the  administration,  and 
Mr.  Pakenham,  the  British  Minister.  I  find  that  the  honorable 
gentleman  is  right  in  his  recollection  in  regard  to  the  view  which 
he  then  maintained,  although  upon  other  grounds,  the  title  of  the 
United  States  might  be  sustained,  this  certainly  occupied  a  prom- 
inent place. 

[Mr.  BALDWIN  read  from  the  documents  accompanying  the 
message  of  the  President  to  Congress  in  1845] 

Now.  at  the  time  the  resolution  was  passed  for  the  admission  of 
the  State  of  Missouri,  there  was  inserted  an  express  provision, 
that  in  regard  to  all  the  territory  acquired  by  the  cession  of  France 
under  the  treaty  for  the  cession  of  Louisiana,  it  should  bo  forever 
subject  to  the  ordinance  of  1787^  If  then  there  was  a  compro- 
mise by  which  all  the  territory  north  of  36°  30'  which  was  ac- 
quired by  the  cession  of  Louisiana  should  forever  be  free,  why  con- 
nect Oregon  in  a  bill  for  the  organization  of  territorial  govern- 
ments with  territory  since  acquired  by  conquest  from  Mexco? 
The  compromise,  commonly  called  the  "Missouri  compromise," 
exhausted  itself  in  this  territory  which  is  now  Oregon,  and  in  that 
territory  which  has  since  been  organized  into  States  lying  south  of 
the  line,  that  designated  the  division  between  the  free  and  the 
slave  States.  Oregon  was  then  the  subject  of  compromise.  The 
fruits  of  that  compromise  have  been  enjoyed  by  the  Sou.h.  If  our 
best  title  to  Oregon  is  the  title  derived  from  the  cession  of  Louis- 
iana, I  ask  gentlemen  who  profess  to  be  benefitted  by  the  Missou- 
ri compromise,  why  not  in  fairness  suder  the  Oregon  bill  to  stand 
by  itself,  and  suffer  the  prohibition  of  slavery  to  be  incorporated 
in  the  bill,  irrespective  of  any  required  concessions,  in  regard  to 
territory  to  which  the  United  States  had  then  no  title,  but  the  ti- 
tle to  which  they  have  since  acquired.  Is  it  fair,  is  right,  that 
those  who  insist  upon  adherence  to  the  Missouri  compromise 
should  call  now  upon  those  who  compromised  on  that  occasion,  to 
make  a  new  compromise  with  respect  to  territory  since  acquired  ? 
The  resoUition  now  stands  on  your  statute  book,  it  has  remained 
unrepealed  from  that  time  to  this,  it  still  applies  to  the  territory 
of  Oreson.  Why  then,  I  ask,  correct  this  legislation  relative  to 
the  diltercnt  territories?  I  rose  for  the  purpose  of  moving  thfet 
all  that  part  of  the  bill  which  follows  the  20th  section  be  stricken 
out,  so  us  to  leave  within  the  bill  that  only  which  provides  for  the 
government  of  the  territory  of  Oregon.  ,  .r,        .  ■ 

[Mr.  HALE  here  addressed  the  Senate  at  some  length.  Are- 
port  of  his  speech  will  be  given  in  the  Appendix.] 

Here  there  were  general  cries  of  "  question!"  question!"  amidst 
which — 

Mr.  JOHNSON,  of  Maryland  rose  to  inquire  whether  it  was 
the  purpose  of  the  Senator  from  Connecticut  to  provide  territorial 
governments  for  California  and  New  Mexico,  or  leave  them  with- 
out any  until  Congress  again  assembled  ? 

Mr.  BALDWIN. — My  purpose  is  simply  to  disencutnber  the 
Oregon  bill  and  the  people  of  Oregon  from  any  connection  with 
the  territorial  governments  proposed  for  New  Mexieo  and  Cali- 
fornia. My  purpose  is  to  consider  the  bill  by  itself,  as  it  was  pend- 
ing before  the  Sena'c  when  it  was  referred  to  the  committee  of 
eight.  It  appeared  to  me  to  be  unjust  to  the  people  of  Oregon  to 
convert  their  interests  with   those  of  New  Mexieo  and  California. 

Mr.  CALHOUN.— I  rise  to  make  but  a  single  remark.  Every 
Senator  must  know  that  the  decision  in  this  amendment  will  deter- 
mine the  fate  of  the  bill. 

Mr.  DAVIS,  of  Massachusetts.— I  rise  simply  to  express  my 
wish  that  my  friend  from  Connecticut  would  withdraw  his  amend- 
ment. 

Mr.  BALDWIN. — I  have  no  objection  to  withdraw  it  for  the 
present. 

Mr.  BUTLER. — Let  me  ask  the  Senator  from  Connecticut 
whether  he  would  consent  to  any  legislation  in  reference  to  either 


of  these  territories  that  did  uot  expUeltly  contain  a  probibition  of 
slavery  ? 

Mr.  BALDWIN. — In  answer  to  the  Senator  from  Soath  Caro- 
lina, I  feel  called  upon  to  state  frankly  that  I  could  not  consent  to 
the  organization  of  government  for  any  territory  now  free,  in 
which  a  security  against  slavery  should  not  be  provided. 

Mr.  BERRIEN. — I  understand  that  the  Senator  from  Connec- 
ticut is  willing  to  withdraw  his  amendment  for  the  present,  re- 
serving to  himself  the  right  of  moving  it  at  some  future  lime. — 
The  question  is  whether  it  is  in  the  power  of  the  Senator  to  with- 
draw the  amendment  after  the  yeas  and  nays  have  been  ordered 
upon  it  ?  Now,  much  as  I  desire  to  see  the  aiuendment  with- 
drawn, and  the  discussion  relieved  from  the  question  which  it  pre- 
sents, if  wo  are  to  meet  it,  I  prefer  to  meet  it  now;  and  I  there- 
fore object  to  the  withdrawal  of  the  amendment. 

There  were  then  renewed  cries  for  the  "question;"  and  tb« 
yeas  and  navs  were  taken,  with  the  following  result : 

YE.\S. — Messrs.  Baldwin.  Oraiiburv.  Clarke,  t.'orwin,  Davii,  of  MuiactiiuMU. 
Dajlon,  Dix.  DcKlgfl.  Fflch,  Filzse"l<*p  Greene,  Hale,  llamlin.  Miller,  Nile«,L'p 
h^m,  and  Walker. — 17. 

JJ  AV?.~Me^=r.-.  .\IIen,  Atelii«)n,  .\thenon,  Barljer.  Bell.  Benlon,  Berrien.  Bw 
land,  Brpe>e,  Brtsht.  Boiler.  Calhonn,  Clayton,  Darii.  of  .MIm..  Dickinson.  Dooitlu, 
Down^,  Foole.  ll,^nnesan,  Houston,  Jolin«on.  of  Md.,  Johnson,  of  La..  Johnson, 
of  Ga..  King.  Lewis.  Manjjuin,  Alison.  .Metcalfe,  Pearcc,  Phelp*.  tdebuUan,  8pni- 
ance,  Sturgeon,  Turney,  Underss'otid,   tVe.leott,  and  Vulee. — 27. 

So  the  proposed  amendment  was  not  agreed  to, 

Mr,  HAMLIN. — I  am  admonished,  Mr.  President,  by  the  whis- 
perings within  these  walls,  that  we  arc  to  be  pressed  to  a  decision 
of  this  great  question  at  the  present  sitting.  If,  therefore,  I  would 
offer  any  suggestions,  which  will  control  rny  vote  and  command 
my  action,  1  must  embrace  the  present  as  the  only  opportunity. 

The  question  which  we  are  now  called  upon  to  decide  is  of  mo- 
mentous importance.  Yet  from  its  di-cision  I  have  no  disposition 
to  shiink.  It  is,  indeed,  startling,  that  in  the  middle  of  the  nine- 
teenth century — in  this  model  republic,  with  the  sun  of  liberty  shi- 
nine  upon  us,  and  while  the  governments  of  Europe  are  tottering 
to  their  ba.se,  from  the  lights  reflected  from  our  own.  and  while 
they  are  striking  down  the  shackles  of  tyranny  over  the  minds  o[ 
men — we  have  been  gravely  discussing  the  proposition,  whether  W8 
will  not  create  by  law  the  institution  of  human  slavery  in  territo- 
ries now  free.  Such,  in  direct  terms,  has  been  the  question  which 
we  have  had  before  us  ;  such  is  the  issue,  in  fact,  now.  Sophistry 
cannot  evade  it — metaphysics  cannot  escape  it.  If  there  have  been 
those  who  have  heretofore  believed  a  discussion  of  this  mailer  pre- 
mature, all,  or  nearly  all,  have  declared  a  willingness  to  meet  the 
issue  when  it  should  be  practically  presented.  That  crisis  is  now 
upon  us,  and,  as  men  faithfully  representing  the  constituencies  who 
have  sent  us  here,  we  must  meet  it.  I  had  hoped— nay,  I  had  be- 
lieved  that  there  were  those  common  grounds  of  concession,  union, 

•and  harmony,  dictated  by  a  lofty  patriotism,  upon  which  all  would 
meet,  and  by  which  we  would  settle  this  vexed  question.  Of  all 
thinss.  I  have  been  desirous  that  we  might  be  able  to  arrive  at 
sueh~a' decision  of  this  matter  as  would  quiet  the  public  mind,  and 
be  just  to  all  the  people  of  all  the  States. 

The  character  of  the  debate,  connected  directly  with  this  sub- 
ject, within  the  last  few  weeks,  must  necessarily  associate  itself 
with  the  question  immediately  before  us  (or  our  decision.  This  bill 
sprang  from  that  discussion.  They  are  one  and  the  same.  That 
was  a"bill  for  the  establishment  of  a  government  for  the  territory 
of  Oregon.  This  includes  also  the  territories  of  California  and 
New  ^Iexico.  As  there  is  no  connection  in  these  matters,  I  had 
hoped  to  have  seen  each  bill  presented  by  itself— to  stand  upon  its 
own  merits,  or  fall  upon  its  demerits.  The  Senate  has  decided 
that  they  shall  not  be  separated,  and  wo  must  meet  it  as  it  is 
presented,  I  will  state  the  reasons  why  I  am  compelled  to  with- 
hold from  it  my  vote. 

We  have  acquired  the  territories  over  which  this  bill  extends. 
Tbev  are  embraced  within  the  Union,  and  it  now  becomes  our  duly 
to  legislate  for  them.  It  is  proper  and  just  that  we  should  ex- 
tend over  them  the  laws  of  our  country,  and  adopt  such  other  le- 
gislation as  the  case  shall  demand.  It  is  a  solemn  and  responsible 
Trust  committed  to  our  hands.  We  are  about  to  shape  and  mould 
the  character  of  these  territories,  which  in  time  shall  become  a 
rai"hty  empire.  Their  destiny  is  in  our  hands  ;  the  responsibility 
is  upon  us.  Whether  that  country  shall  present  all  the  elements 
of  a  free  government,  in  which  man  is  elevated  as  an  intellectual 
and  mora? being,  or  whether  the  despotism  of  slavery  shall  im- 
print ils  soil,  are  matters  depending  entirely  upon  us.  Let  wis- 
dom "Uide  us  in  the  path  of  duty,  and  let  not  the  light  of  the  past 
be  lost  upon  our  action.  We  must  act  ;  it  now  (.resents  a  point 
from  which  no  man  can  shrink.  The  issue  cannot  be  avoided;  and 
let  no  one  imagine  that  an  intelliient  public  can  doubt  as  to  the 
character  of  that  issue.  No  matter  in  what  form  presented  it  wUl 
be  clearly  understood.  True,  the  bill,  like  the  proposition  dis- 
cussed by  the  Senate,  does  not  profess  to  establish  slavery  by  law. 
It  leaves  it  to  extend  itself  by  the  "  silent  operation"  of  the  law 
without  restriction.  It  does  ijot  guarantee  it,  but  will  it  not  per- 
mit it»  and,  after  it  has  found  an  existence,  will  it  not  demand  a 
cTuarantee  ?  Thus,  without  inhibiiion,  wUI  it  not  become  eertam 
and  fixed  by  the  process  of  time?  Is  it  too  much  that  Ireedom 
of  tlie  soil  shall  be  asked  and  demanded  from  this  aggressive  mar^ 
of  sl-averv  '  I  solemnly  believe  that  this  bill  will  allow  of  the  ex-- 
tension  of  slavery,  as  certainly  as  if  it  created  it  >°  .^'JVjress  J ord*: - 
The  bill,  as  I  understand  it,  concedes  practically  all  that  the  ultrC 
doctrines  of  the  South  demand,  or  will,  in  its  operations,  end  m 
that. 


924 


THE  COMPROMISE  BILL. 


[SATrHDAY, 


With  such  a  bill  as  this,  I  cannot  hesitate  to  give  the  aid  of  my 
voice  and  ray  vote  to  arrest  it.  To  know  and  understand  the  views 
of  those  who  sustain  it,  will  enable  us  to  judge  of  its  merits  The 
Tjublic  mind  will  be  slarlled  through  all  the  North  ;  it  will  thnll 
through  all  the  country  like  an  electric  shock,  that  the  acquisiuon 
of  territory  from  a  foreign  power,  necessarily  subjects  it  to  the  in- 
stitution nf  slavery— that  the  nag  of  this  Union  carries  that  insti- 
tution with  it  wherever  it  floats.  This  is  a  new  principle  m  t  le 
doctrines  of  slavery  propagandism.  It  is  not  the  doctrine  ol  the 
founders  of  the  republic.  Democracy  has  been  called  progressive, 
but  my  word  for  it,  she  goes  along  in  the  old  fashioned  stage 
coach  style,  while  this  doctrine  of  slavery  propagandism  has  mount- 
ed the  railroad  cars,  if  it  has  not  assumed  the  speed  ol  electricity. 
I  repeat,  that  it  will  startle  the  North  when  it  is  known  that  it  is 
"ravely  discussed  here;  that  the  constitution  of  the  United  States, 
whenever  it  extends  over  territory  which  wo  may  acquire,  carries 
with  it  and  establishes  the  institution  ;  that  it  in  fact  abrogates 
the  laws  of  the  free,  and  gives  in  stead  the  powei  of  servitude.— 
This  is  a  doctrine  of  a  latter  day.  It  is  not  the  doctrine  that  ac 
cords  with  the  sterling  patriotism  of  the  founders  of  our  republic. 
Far  from  it !  While  such  are  the  views  of  aggressive  slavery, 
which  are  promulgated  here,  it  makes  our  path  of  duly  as  clear  as 
sun-li"ht.  We  must  prevent  this  tide,  by  positive  law,  Irom  spread- 
in<7  over  our  free  soil.  This  e.xtraordinary  demand  of  this  power 
leaves  us  but  one  coui;se  to  pursue.  Wo  sliall  be  faithless  to  our- 
selves— faithless  to  those  we  represent— faithless  to  our  country, 
the  arre  in  which  we  live,  and  the  principles  of  Christianity,  if  we 
falter"!  We  have  but  to  press  on,  and  if,  from  any  or  various  in- 
fluences which  shall  be  brought  to  bear  against  us,  we  shall  not 
succeed,  or  shall  suffer  a  partial  defeat,  yet 

"  Trolli  crusheil  toeanli  shall  rise  again— 

The  eternal  years  of  God  are  hers— 
WliiJe Error  wotinded,  writhes  in  pain, 

And  dies  amid  its  worsliippers." 

While  I  do  not  admit  the  force  or  justice  of  these  demands,  so 
pertinaciously  insisted  upon,  yet  they  must  bo  met,  or  they  will 
be  certain  to' prevail.  In  my  judgment  these  doctrines  are  not  de- 
duced from  the  constitution,  but  are  in  derogation  of  its  letter  and 
spi,-it— that  instrument  is  in  all  its  terms,  and  in  all  its  scope, 
an  anti-slavery  instrument.  It  was  conceived,  it  was  enacted,  it 
was  approved  by  the  States  of  this  Union,  not  in  the  spirit  of  ex- 
tension or  creation  of  slavery,  but  in  a  spirit  which  looked  to  the 
future  emancipation  of  the  slave  in  this  country.  It  looked  not  to 
the  extension  of  the  institution,  but  to  the  time  when  this  anoran. 
)y  in  our  system  of  government  should  cease  to  exist. 

I  do  not  propose  to  follow  gentlemen  who  have  discussed  this 
point  at  length,  nor  do  I  propose  to  detain  the  Senate  with  the 
views  and  opinions  which  I  entertain,  and  which  I  have  drawn 
from  the  constitution,  and  which  have  brought  my  mind  to  a  dif- 
ferent  conclusion.  It  is  necessary,  however,  that  I  stale  briefly 
my  views;  that  I  state  the  points  without  attempting  to  elaborate 
them.  I  deny  then  utterly  and  entirely  this  new  doctrine  which 
has  been  presented  to  tis,  that  the  constitution  of  the  United  Slates 
contains  within  its  provisions  a  power  to  extend  and  establish  over 
territory  now  free,  the  institution  ol  slavery.  If  I  understand  the 
argument  upon  which  it  is  based,  it  is  simply  this;  that  these  ter- 
ritories are  the  property  of  the  people  of  the  United  States,  that 
as  such  ihey  are  open  to  settlement  by  all  the  people  nf  ihe  United 
States  and  that  as  the  constitution  recognized  the  institution  of 
slavery  at  its  adoption,  it  therefore  authorizes  the  insiitulion  in 
those  territories  which  belong  to  the  United  Slates,  ami  in  whiih 
the  people  of  the  United  States  may  wish  to  reside  with  iheir 
slaves.  The  constitution  does  recognize  slavery  as  existing,  but 
it  does  not  create  or  establish  it.     Article  I,  section  2,  says  : 

"Representatives  and  direct  taxes  shall  he  apportioned  among  the  several  States 
whieh  may  he  included  witliin  the  Union,  according  to  their  rispective  numbers, 
which  shall  he  determined  by  adding  to  the  whole  number  ol  free  persons,  inchiiling 
those  horned  to  service  for  a  term  of  years,  and  exclnding  Indians  not  ta\ed,  three- 
fifths  of  all  other  persons." 

This  surely  is  not  establishing  slavery  by  the  constitution— it 
makes  slaves  a  basis  of  representation  and  taxation.  That  is  all. 
But  in  another  place  the  constitution  declares.     Art.  4,  sec   2. 

"No  person  held  to  service  or  labor  in  one  State  hif  the  laws  thereof,  escaping  into 
another,  sliall  in  consequence  of  any  hiw  or  rpffiilnttantUetein.  be  tliseharged  from 
SQch  service  or  labor,  but  shall  be  delivered  np  on  claim  of  the  party  to  whom  such 
service  or  labor  may  be  due." 

From  these  extracts  it  would  seem  to  be  perfectly  clear,  that 
the  constitution  does  not  create  or  establish — it  only  recognizes 
a  class  of  persons  held  to  service  in  the  States  by  "the  laws  there- 
of," not  by  virtue  of  the  eonstitulioti.  That  clause,  when  i'airly 
construed,  is  only  an  inhibition  upon  the  free  States,  that  they 
shall  not  pass  laws  to  pntvent  the  owners  of  slaves  from  rcelaiiu- 
ing  them.  The  argutm-nt  that  slavery  is  recognized  by  the  con- 
stitution is  used  as  cipiivolent  to  establishing.  The  laws  of  the 
State  do  that,  not  the  constitution.  It  is  a  Stale  institution  rest- 
ing on  the  local  law  of  the  Slate,  without  the  aid,  without  the 
support,  without  the  maintenance  of  the  constitution  in  any  way 
whatever.  Yet  in  the  face  of  all  this,  it  is  contended  and  attempt' 
ed  to  bo  proven  by  metaphysical  reasoning,  that  the  constitution 
extends  bcyonil  the  States  in  which  slavery  is  eslablislicd;  that  it 
carries  it  into  free  territories,  and  guarantees  it  llifro.  Ciiii  this 
t,e  so — and  if  so,  where  will  the  p-'wer  end  ?  If  the  insliluiion  is 
one  which  has  its  foundation  in  the  constitution,  and  not  in  the 
law  of  the  Slates,  where  is  the  limit  to  its  extension?  What  is 
the  next  step  in  the  application  of  the  argument?  After  you 
have  overrun    your  territories,  what  power  can  prevent  the  slave- 


holder from  coming  into  the  freft  States  with  his  slaves?  If  his 
rif^ht  is  a  constitutional  one — if  he  rests  his  claim  there,  and  is 
correct,  a  State  law  could  not  effect  him,  because  it  would  be  in 
conflict  with  the  consiiiulion.  1  cannot  see  how  this  conclusion 
can  be  avoided.  If  the  jiremises  are  correct  that  result  must  fol- 
low. But  I  neither  admit  the  premises  or  the  conclusion.  The 
constituiion  aivcs  no  right,  it  creates  no  right,  it  merely  recogni- 
zes a  right  which  is  created  by  the  laws  of  the  State.  That  it  is 
a  local  institution  there  can  be  no  doubt.  The  courts  of  nearly  all 
the  States  have  so  decided.  Authorities  to  any  extent  could  be 
cited — they  are  familiar  to  all. 

I  hold  that  the  consiiiulion  in  and  of  itself,  by  its  express  lan- 
o-uane,  authorizes  Congress  to  inhibit  this  inblitution  in  our  terri- 
tories. I  hold  the  article  in  the  consiiiulion  vihich  gives  to  Con- 
gress the  power  to  make  all  needful  rules  and  regulations  respect- 
ing its  territories,  includes  full  and  absolute  authority  over  this 
whole  matter.  What  is  the  language  of  this  clause  ol  the  consti- 
tution. 

"  Congress  shall  have  power  to  dispose  of  and  make  ali  'needful  rules  and  regula- 
tions res|iecting  llie  territory  or  other  properly  of  the  United  States." 

What  is  this  grant  of  power  ? 

First.  Congress  may  dispose  of  ils  public  domain.  Second- 
it  may  make  all  needlul  rules  and  regulations  respecting  the  terri- 
tory, or  other  properly  of  the  United  States.  To  dispose  of  is  to 
give,  grant,  or  convey  the  public  lands;  but  to  make  all  needlul 
rules  and  regulations,  implies  and  carries  with  it  full  and  ample 
power  of  legislation,  in  all  cases  where  the  constitution  does  not 
otherwise  prohibit.  There  can  be  no  doubt  as  to  the  meaning  of 
the  terms  rules  and  reaulations.  The  constitution  itself  interprets 
them.  A  law  is  defined  to  be  "  a  rule  of  action  prescribed  by  the 
supreme  power  in  the  State."  The  constitution  gives  Congress 
power  to  regulate  commerce— to  make   rules  concerning  capiures 

to  make  rules  for  the  government  and  regulation  of  the  land  and 

naval  lorccs.  It  also  jirovidii's  that  persons  escaping  from  one  State 
to  another  shall  not  be  discharged  from  service  in  consequence  of 
any  law  or  regulation  therein."  In  this  case  both  terms  are  used — 
all  needlul  rales  and  regulations— to  give  the  widest  scope  to  the 
power.  But  it  is  said  that  the  concluding  words  in  the  clause 
quoted  "  and  other  property"  limit  and  confine  our  legislation  over 
the  territory  1o  the  same  as  property.  Grant  that  our  territories 
are  denominated  as  property,  wlicilier  inliabilcd  oi  not,  noes  not 
the  same  power  exist  to  pass  all  needful  rules  and  regulations  for 
its  settlement  and  its  final  admission  into  the  Union  as  a  Slate. 
The  power  is  clearly  within  the  scope  and  meaning  of  ibat  clause. 
The  liistory  of  the  manner  in  which  that  clause  became  a  part  of 
the  constituiion,  would  settle  the  question  if  there  could  be  a  ren- 
sonable  doubt.  In  the  articles  of  confederation  by  which  the 
Stales  were  united,  before  the  constituiion  was  formed,  no  such 
power  was  found.  This  grant  of  power  was  therefore  made,  in 
the  forreing  of  the  constitution,  for  the  purpose  of  giving  Congress 
the  power.  The  doings  of  the  convention  and  the  declarations  of 
Mr.  Madison  arc  clear  upon  this  point.  But  aside  from  this  view 
of  the  case,  wo  have  the  uninterrupted  use  of  the  power  by  the 
general  gnvernment  for  about  sixty  years.  Hardly  a_^C_ongres3 
has  existed  which  has  not  acted  upon  this  power  from  1787  to  this 
lime.  This  power  has  been  exercised  by  Washington,  Jeflerson, 
Jackson,  and  Van  Buren.  The  Supreme  Court  of  the  United 
States  have  settled  this  question.  Congress  has  already  exercised 
the  power,  and  that  power  has  been  declared  valid  by  the  Supreme 
Court.     1  Peters'  Rep.,  543,  Chief  Justice  Marshal  says: 

"  Whatever  may  be  the  source  whence  this  power  is  derived,  the  possession  of  it  is 

uiiquestioiialde.  ' 

In  the  5th  Peters',  44,  again  the  court  says  : 

"  Rules  tintl  n-^nlatrons  respecting  the  territories  of  the  United  Slates  necessarily  in- 
clude comjrlelejurisdiction." 

It  is  contained  in  the  bill  upon  which  we  are  acling.  It  con- 
tinues the  laws  of  Oregon  in  force  for  three  months  after  the  meet- 
ing of  the  legislature.  It  provides  in  the  territories  of  California 
and  New  Mexico  that  the  legislative  power  shall  not  pass  any 
laws  on  the  sub|cct  of  relisyon  or  slavery.  Here  we  use  the  power 
in  its  hn  adest  sense.  We  inhibit  the  use  or  exercise  of  any 
power  on  either  of  said  subjects,  and  some  others.  Could  there 
be  any  doubt  still  remaining',  and  if  we  had  no  grant  nf  powtjr  in 
the  consiitution  at  all,  there  would  yet  be  another  source  from 
which  we  imisi  gather  it.  If  the  constitution  were  silent,  as  it  is 
not,  yet  under  that  yiower  which  can  acquire,  we  could  most  cer- 
tainly covcrn.  It  matters  little  where  you  find  the  power  to  ac- 
quire;  if  you  do  aei|itire,  you  must  have  the  power  to  govern.  The 
first  is  the  major,  the  second  is  ihit  minor  proposition.  It  woiild 
not  be  good  sense  to  contend  that  we  have  a  power  to  acquire 
public  domain,  and  yet  could  not  pass  needful  rules  and  regula- 
tions for  its  giiverninent.  The  case  when  stated  is  its  own  best 
argument.  The  sovereignly  to  acciuite  must  eoiitain  the  lesser 
power  to  govern.  These  aie  briellv  the  reasons  which  hircc  con- 
viction u|)on  my  mind.  Casuists  have  been  known  to  deny  their 
own  existence,  and  stitisfactorily  to  jirovo  it  to  their  own  minds. 
That  mav  be  a  iiliiusihle  and  a  praelieal  doetrine,  when  contrasted 
with  the  one  that  we  have  no  power  lo  govern  our  territories.  It 
is  ■'  too  late"  at  the  noon  of  the  ninctecnlli  century  lo  deny  that 
right,  or  for  us  to  avoiil  the  duty  of  acting. 

Having  the  power  to  act  whtit  is  the  responsible  duty  which  I 
feel  imposed  upon  me,  for  I  speak  for  none  other?  It  is  that  I 
should  exert  all  the  power  which  the  constitution  gives  to  exclude 
the  institution  of  slavrrv  from  our  territories  now  free,  because  it 
is  a  social,  moral,  and  political  ovil.     That  such  is  its  character, 


July  22,] 


THE  COMPROMISE  BILL, 


925 


needs  no  argument  to  prove.  They  are  conceded  facts — supported 
by  the  declarations  and  admonitions  ol'  the  best  and  wisest  men  of 
the  South — 

"  lo  thoughts  that  breath  and  words  that  ham.'* 

I  would  resist  the  introduction  of  that  institution  in  justice  to  a 
superior  race  of  men — men  who  arc  capable  of  a  hijjher  state  of 
social  and  political  refinement.  I  would  institute  such  govern- 
ments a.s  arc  best  ciilculated  lo  advance  the  true  interests  of  our 
own  Caucassian  race,  and  not  degrade  thcdignily  of  labor  by  fas- 
tening upon  it  the  incubus  of  slavery.  1  would  resist  it  bccau.se  I 
wouhT  nut  invo'to  or  use  the  name  of  democracy  to  .strike  down, 
as  wub  the  iron  mace  of  a  despot,  the  princi|ilcs  of  social  equality 
and  freedom.  I  woidd  not  jirofano  the  sacred  name  of  freedom, 
while  using  it,  !o  impose  a  tyranny  upon  the  minds  or  persons  of 
men.  Jefferson  has  said  that  "  God  has  no  allriliute  which  can 
take  sides  with  us  in  such  a  cause."  The  ehupient  Pinckncy  luis 
declared  "  that  the  earth  itself,  which  Iccms  with  proliislon  undt-r 
the  cultivating  hand  of  the  free-born  laborer,  shrinks  inio  barren- 
ness from  the  contaminating  sweat  of  the  slave."  Sir,  my  course 
is  a  plain  one,  and  clear  from  all  doubt.  Our  position  is  untiues- 
tionable.  VV^e  stand  in  defence  of  free  soil  and  resist  aggressive 
slavery.  And  we  demand  enactments  for  the  protection  of  free 
soil  against  this  aagrcssion.  We  will  not  disturb  that  institution, 
but  vi-e  will  stand  in  defence  of  the  freedom  of  our  sr>il  as  right  in 
principle  and  beneficial  to. free  white  lahor  in  all  iiartsof  our  com- 
mon country. 

I  have  expressed  the  hope  that  we  might  have  met  upon  a  com- 
mon ground  upon  the  settlement  of  this  (|ueslion— a  (pieslion  which 
has  a~gitated  so  much  the  public  mind— and  more  did  I  hope  for  it 
when""l  listened  lo  the  patriotic  breathings  of  the  message  of  the 
President  on  this  subject  ;  when  I  listened  to  the  language  he 
used  in  his  message,  when  he  submitted  the  treaty  of  peace  with 
Mexico  to  us,  and  called  our  attention  to  this  matter  now  before 
us  for  our  uliimale  decision.  When  I  heard  that  language  read  by 
the  Secretary,  and  recalled  the  history  of  the  events  to  which  he 
had  invited  I'ur  attention.  I  had  hoped  that  the  spirit  of  the  fathers 
ofthe  republic  had  not  altogether  departoil,  that  the  language  of 
the  declaration  of  independence  liad  not  become  obsolete.  1  had 
hoped  that  we  would  come  up  and,  in  the  language  ofthe  Presi- 
dent, in  a  spirit  of  forbearance  and  of  patriotism,  have  settled  llie_ 
question  in  a  way  which  would  have  secured  the  approbation  of 
the  country. 

Allow  me  to  read  from  the  President's  message  : 

iIorji>.  fraii.'h 


"  In  organizioj:  govornnieuts  over  thi 
pes  10  every  poilioii  of  our  Union,  I  inv  oite  Ilial  spirit  ol 
coinitromiie  in  your  delibeiations,  in  wtiieli  tlie 


witli  sucli  vast  advanla- 
-^^sion.  eonciiiation.  and 
■unstitulion  was  Iranied.  in  wliiuii  it 
sho'uid'iK  adniinWlereJ,  and  whuli  is  so  in.li>pen»able  lo  preserve  ami  perpeluale  lire 
harmony  and  union  of  the  Slales,  We  sl.ouhl  never  lo.jet  ibaMhrs  muouo  con- 
federated Slates  was  estalilisbed  an.l  .^.'nienled  by  kindreil  blooil.  and  by  the  eonimon 
toils.  salTennss.  dangers,  and  triumphs  ot  all  its  pans,  anil  hasbecn  the  ever-aoBnient- 
iug  source  ol'  our  national  greatness  and  ol"  all  our  blessings.' 

This  is  the  ground  upon  which  we  should  have  met  and  decided 
the  i|ucstioii.  It  is  in  this  spirit  of  liberal  and  elevated  patriotism 
that  I  had  hoped  that  this  question  would  have  been  settled,  and 
that  it  would  not  have  been  merged  in  a  mere  question  of  power 
or  of  local  or  sectional  character.  I  had  hoped  that  we  would 
have  been  guided  by  the  lights  of  experience. 

Mr.  DAVIS,  of  Mississippi.— I  would  ask  the  Senator,  if  he 
will  allow  me,  whether  he,  as  the  representative  of  the  people  ol 
Maine,  is  now  ready,  or  has  at  any  time  been  renily  lo  vote  for  the 
Missouri  compromise  line  being  exfendeil  until  it  terminates  in  the 
Pacilic  ? 

Mr.  HAMLIN.— I  answer  frankly,  no.  Because  the  spirit  of 
the  Mi-souri  compromise  was  not  the  spirit  which  marked  the 
wisdom  of  the  iVamers  of  the  constitution.  I  would  not  vote  to 
extend  an  arbit.iary  line  which  permits  the  extension  ot  the  insti- 
tution of  slavery  over  a  portion  of  the  continent. 

Mr.  CLAYTON.— Did   not  the   Senator  vote  for  the  Missouri 
compromise  upon  the  annexation  of  Texas  ? 
Mr.  HAMLIN.— I  did  not. 

Mr.  CLAYTON.— Ho  voted  lirr  the  annexation  of  Texas— did 
he  not  ? 

M.  HAMLIN.— I  did  not  vote  for  the  resolutions  for  the  annex 
alion  of  Texas  wliich  passeil  the  House,  nor  did  I  vote  lor  the 
Missouri  compromise  contained  in  the  resolutions.  A  Senator 
from  Illinois,  [Mr.  Douglass.]  then  a  member  of  the  House,  ol- 
fered  the  compromise  there.  It  was  adopted,  but  I  voted  against 
its  adoplion,  and  against  the  resolutions  after  it  was  incorporatca 
into  it.  The  resolutions  came  lo  the  Senate,  ami  the  distinguished 
Senator  from  Missouri  [Mr.  Benton]  offered  another  and  distinct 
resolution  to  accomplish  the  aiincx-ntion  of  Texas.  Mr.  H.  said 
such  was  his  recollection,  and  he  wonid  inquire  of  the  Senator  ot 
Missoi.ri  whether  ho  offered  the  resolution? 

Mr.  BENTON.— It  is  of  very  little  importance  who  ortered  the 
amendment. 

Mr.  HAMLIN.— Yes,  it  is  of  very  little  importance  who  of- 
fered it.  All  knew  that  it  originated  with  that  distinguished  Sen- 
ator ;  for  that  resolution  I  voted  ;  and  deeply  is  it  to  be  regretted 
that  the  annexation  had  not  been  accomplished  as  that  resolulnui 
provided.  Tiie  treasure  of  the  country  would  have  been  saved 
and  the  lives  of  our  citizens  preserved.  We  should  have  had  no 
Mexican  war.  I  did  not  then  vote  for  the  Missouri  compromise, 
and  I  would  not  vote  for  it  today.     I  would  vote  for  no  arbitrary 


line,  even  if  it  took  the  southern  boundary  of  New  Mexico  and 
California,  running  to  the  coast  of  the  Pacific.  I  would  vote  for 
no  rigid  fixed  line,  whether  upon  a  direct  parallel  of  latitude  or 
winding,  because  it  would  lead  lo  the  very  difTiculiies  which  Mr. 
JeQerson,  in  his  letter  recognizing  the  Missouri  compromise  in 
1820,  alluded  to  with  so  much  force,  when  bo  said  thai  it  would 
create  seoiional  parties — that  it  would  strike  upon  the  ear  "  like  a 
fire-bell  at  night."  But  this  line  of  3(J'  30',  running  to  the  Pacilic, 
has  other  and  insuperable  objections,  besides  those  already  named. 
The  superiority  of  our  race  and  pol.tical  institutions,  with  the 
events  of  the  past,  teach  us,  with  unerring  certainty,  that  our  go- 
vernraent  is  destined  to  extend  over  this  country.  Kslablish  ibis 
line,  and  you  doom  the  whole  of  the  continent  south  lo  the  curse 
of  slavery,  wlicn  it  shall  become  u  part  of  our  Vnion.  You  esta- 
blish it  on  a  section  of  country  over  which  free  labor  cannot  pass. 
That  will  be  the  inevitable  result  of  such  u  line.  Can  ii  be  doubted 
that  such  is  the  design. 

Mr.  CLAYTON. — The  Senator  speaks  of  compromise,  will  he 
tell  us  what  ccmpromisc  he  alludes  to? 

Mr.  HAMLIN. — I  am  coming  to  that,  and  should  have  done  so 
if  1  had  not  been   iliverted  by  these  interrogatories.     In  the   lan- 
guage ofthe  President's  message,  I  would  have  our  delibcraiioos 
consummated  in    "that  spirit  ol    concession,  conciliation  and  com- 
promise, in  which  the  constitution  was  framed."     Then  we  would 
iiave  no  difficulty  in  the  settlement  of  this  tpiestion.     What  is  the 
history  ol'  the  times  cotemporancirus  with  the  formation  of  that  in- 
strumeiil?     The  constitution  was  adopted  by  the  convention,  Sep- 
tember 17,  1787.     Virginia,  in  a  spirit  of  wisdom  and  patriotism 
worthy  other  ancient  fame,  had  ceded  to  the  general  government 
all  her  lands  lying  northwest  ofthe  Ohio  river,  and  being  all   the 
lands  lying  within  the  limits  of  the  Union.     On  the  thirteenth  day 
of  July,  1787,  and  while   the  convention  was  in  session  to   form  a 
constitution,  Virginia  entered  into  a  compact  with  the  States,  and 
established  what  is  known  as  the  ordinance  of  '87,  forever  exclu- 
ding   slavery    from   all   that   countiy.     Nay.   it  went  further;  it 
abolished   slavery  there  and  mailc  it  free  soil.     I  think,   too,   that 
the  history  of  thi?se  times  will  satisfy  all,  that  this  noble  and  patri- 
otic act  was  designed  to  aid  in  the  formation  of  the  constitution 
by  acting  upon  the  conveniion.     In  the  same  spirit  of  restriction, 
too,  did  that  convention  authorize  Congress  to  inhibit  the  importa- 
tion of  slaves  into  the  United  States  alter  the  year  1808.     This  is 
the   history  of  those   times — this  is    the  spirit   of  conciliation   and 
compromise   that    mark  those  days;  let  us  adopt  it  now  and  our 
work  is  done.     We  need  not   go  so  far  in  the  rule  which  we  will 
adopt.     The  onlinance  was  an  act  of  abolilion.     I  would  not  abolish 
slavery  in  the  States,  and  so  help  me  God  I  will  not  abolish  free- 
dom ill  our  territories.     Let  us  have  nothinsj  of  abolition  either 
North  or  South,  nor  fix  lines  which  shall   divide   a  country  with- 
oul  regard  to  its  character  or  construction — which  shall  create  sec- 
tional parties,  the  worst  and  most  to  be  dciilored  of  all.     But  let 
the  character  of  the  country  be  determined  and  settled  as  il  shall 
be  on  its  acquisition.     If  free,  so  let  it  remain,  and  so  let  it  bo  pre- 
served.    If  slave  territory,  so  then  let  it  continue  without  our  ac- 
tion.    When  wo  look  at    former   acquisitions,   it  would  seem  that 
the  South  should  not  object  to  this  manner  of  compromise.     From 
onr  former  acquisitions,  seven  slave  Stales  have  been  added  to  this 
Union,  and  three  more  ofthe  largest  class  provided  for  to  be  carved 
out  of  Texas.     One  free  State  has  only  been   added  from   these 
acquisitions.     Justice  to  the  North  dcmanilsthis  course.     Here  is 
a  compromise  upon  which  all  can  iiieel,  and  one  which  eannnt  cre- 
ate these  sci-tional  divisions  which  all  must  depreeale.     If  I  have 
a  desire  in  my  heart  above  all  others,  it  is  that  this  vexed  question 
.■ihall  be  settled — ;hat  it  shall  he  taken  from  the  vortex  of  political 
conflicts  and   the  people  quieted.     Adhere   to   the   ancient  land- 
marks, conform  to  the  settled  usage  of  the  country,  and  such  will 
he  the  happy  result.     So  much   upon  our  power  and  duly  to  act. 
The  bill  before  us  is  objectionable  in  its  provisions,  as  well  as  in 
the  manner   in  which  it   is  presented.     It  comes   in  a  triangular 
shape  with  Oregon  as  the  base,  and  California  and  New  Mexico 
for  its  side  lines'!     Oregon  has  no  connexion  with  the  other   terri- 
tories, and  why,  then,  are   they  chained  and    thus  connected    to- 
"ether?     Why  not  let  each  stand  by  itself?     Why  make   the  one 
depend  upon  the  fate  of  the  other?    'I  can  see  no  sufficient  reason. 
For  years   the   people    of  Oregon   have   been   demanding   a  gov- 
ernment, and  bill  after  bill  has  passed  the  other  House,  but  as  of- 
ten as  they  have  reached  this  body,  they  have  been  cither  permit- 
ted to  sleep  '-the  sleep  that  knows  no  waking,"  or  they  have  been 
defeated  by  those  who  now  claim  to  be  the  most  vigilant  sentinels. 
Diirin"  this  session   and  within  a  few  weeks   past,    Congress   has 
been   admonished  In  a  message   from   the  President,   that  savage 
hordes  were  committing  depredations  upon  the  whites,  and  the  bill 
was  not  passed.     The  bill  was  before   the  Senate,  and  in  accord- 
ance with  the  prayer  of  the  people  of  Oregon,  it  contained  a  sec- 
tion  inhibiting  slavery  from  the  territory.     It  was  llie  general  im- 
pression that   that   section  could   not   he  stricken  out.     A  motion 
was  made  to  recommit  lo  a  committee  of  eight,  which  was  earned. 
and  the  bill  comes  b  ick  lo  us  chained  to  the  other   territories,  and 
with  that  section  in  the  bill  restricting  slavery  in  Oregon  so  modi- 
lied,  that  it  secures  freedom  for   three  months  only  after  the  tirsi 
territorial  legislature  shall  meet.     This  bill    is   called  by  some  a 
comiuomise— all  that  I  can  sec  which   entitles  it  to  thai  name  is, 
that  it  does  provide  that  the  laws  in  Oregon  which   exclude   sla- 
very, shall  remain  in  force    for    three   months.     A   compromise, 
indeed! 


926 


THE  COMPROMISE  BILL. 


[Saturday, 


Mr.  CLAYTON. — If  the  Senator  will  allow  me,  it  may  not  be 
inappropriate  to  make  an  explnnatition  upon  this  point  concerning 
which  an  inquiry  has  been  made.  Section  12  provides  that  the 
laws  now  existing  in  the  territory  of  Oregon  shall  remain  as  they 
are  until  three  months  after  the  first  meeting  of  the  legislature  of 
the  territory.  The  Senator  from  Maine  understands,  of  course,  I 
tako  it  for  granted  that  is  his  doctrine,  that  the  legislature  of  Orc- 
<Ton  will  have  the  power  upon  the  suhjeel  of  slavery.  Genileuien 
who  argue  as  he  does,  argue  that  the  territorial  legislature  has 
fall  power  over  this  subject.  Now  take  the  sixth  section  in  con- 
nexion with  the  12th.  The  sixth  section  provides  that  the  legis- 
lative power  of  the  territory  .shall  extend  to  all  rightlul  subjects  of 
legislation,  consistent  with  the  constitution  and  the  provisions  of 
this  act.  The  gentleman  holds  th:it  the  legislalure  can  consisient- 
Iv  with  the  provisions  of  the  constitution,  legislate  on  the  subject 
of  slavery.  If  it  can  do  this,  it  will  doit.  If  it  cannot  do  this 
consistently  with  the  constitution,  it  ought  not  to  do  it.  Now,  lake 
the  12th  and  sixth  sections  together,  and  the  whole  will  be,  I  think, 
plain  to  the  mind  of  any  one.  I  do  not  se  how  gentlemen,  advo- 
cating the  opinions  which  are  advocated  by  the  gentleman  from 
Maine  can  object  to  this  provision  of  the  bill. 

Mr.  HAMLIN. — From  the  explanation  which  the  honorable 
chairmanofthe  committee  has  given,  I  apiirehend  that  1  did  not  mis- 
understand the  scope  and  meaning  of  the  12ih  section  of  this  bill, 
and  if  the  gentleman  had  listened  to  the  conclusion  which  I  drew 
from  ihai  section,  taken  in  connection  with  the  (ith,  he  would  have 
had  no  occasion  to  interrupt  me.  I  repeat,  then,  that  the  com- 
promise of  this  bill  is  one  which  concedes  that  the  fundamental 
law  now  existing  in  the  territory  of  Oregon,  shall  rem.iin  in  lorce 
,  for  three  months,  and  for  only  three  months.  That  is  the  only 
concession  which  I  can  find  gin  the  bill,  and  if  for  that  it  is  to  be 
taken  as  a  compromise  bill,  why  then  let  it  be  called  such.  The 
I2ih  section  concedes  that  the  laws  of  the  territory  shall  remain 
in  force  for  three  months  alter  the  territorial  government  shall 
have  met.  They  will  then  cease  and  be  no  longer  in  force,  unless 
the  territorial  government  shall  see  fit  to  re-enaet  them,  and  send 
them  here  for  the  approval  of  Congress.  Now,  if  it  were  intended 
as  a  compiomise,  why  repeal  all  the  laws  of  the  territory  >  Why 
was  the  law  regarding  the  exclusion  of  slavery  not  permitted  to 
remain  in  force  until  the  territorial  legislature  should  see  fit  to 
change  it  ?  Sir,  it  is  not  worth  the  name  of  compromise.  This  is 
the  fundamental  objection.  It  repeals  all  the  laws  of  the  territo- 
ry after  three  months,  and  the  17ili  section  provides  that — 

"  All  taws  passed  bv  the  Legislative  Assembly  sliali  be  submiUe'I  lo  the  Congress 
of  the  Uiiiteil  Stales,  anil  if  disapproved,  shall  be  null  and  ol'  no  effect." 

Thus  making  the  legislative  acts  of  Oregon  depend  on  our  ap- 
proval or  disapproval.  Is  it  not  then  lilerally  true,  that  this  bill 
concedes  the  free  principle  to  Oregon  for  only  three  months,  after 
which  it  must  depend  upon  action  here.     So  I  understand  it. 

There  is  to  my  mind  another  and  most  peculiar  feature  in  this  bill, 
rendering  it  most  inconsistent  in  its  character.  It  creates  for 
Orcon  a  territorial  government,  and  gives  it  a  legislature  elected 
by  the  people  thereof.  It  is  a  government  in  which  the  people 
participate.     Every — 

*'  Free  while  male  inhabitant  aliove  the  age  of  twenty-one  yenrs,  who  shall  have 
been  a  resident  of  said  territory  at  the  time  of  the  passage  of  tliis  act,  sliali  be  entitled 
to  vote  at  tlie  first  election." 

And  it  gives  the  legislature  power  over  all  rightful  subjects  of  leg- 
islation. In  California  and  New  Mexico  this  bill  deprives  the 
people  of  all  power,  and  of  any  participation  in  the  government 
over  them.  It  creates  an  odious  oligarchy  over  that  people  uf  the 
most  objectionable  kind.  It  sets  up  a  government,  not  with  the 
consent  and  participation  of  the  people,  but  rather  in  defiance  of 
their  just  rights. 

"  Sec.  20.  The  legislative  power  of  said  territory  shall,  until  Congress  shall  other- 
wise provide,  be  vested  in  Ihe  governor,  secretary,  and  judges  of  the  supreme  court, 
who.  era  majority  of  them,  shall  ha\'e  power  to  pass  any  law  for  Ihe  adtilinislranon 
of  justice  in  said  territory,  whicli  shall  not  be  repugnant  to  this  act,  or  ineonsiclent 
with  the  laws  and  conslitittion  of  the  United  States.  But  no  law  sliail  he  passed  in 
terfering  with  the  primary  disj-.oia]  of  the  soil,  respecting  an  estabhshniPnl  of  religion 
or  respectinc  slavery;  and  no  tax  shall  be  imposed  npo-i  the  property  of  Ihe  United 
Estates.  nor~shalI  the  lands  or  other  property  of  non.re«idents  be  ta.ved  higher  l  ban  Ihe 
lands  Of  other  properly  of  residents.  All  Ihe  laws  shall  be  submitted  to  the  Congress 
of  llie  Unitoil  States,  and,  if  disapproved,  shall  be  null  anil  void. 

What  good  reason  there  may  be  for  entrusting  full  power  and 
sovereignty  to  the  peopleof  Oregon,  while  you  wholly  deny  it  lo  Cal- 
ifornia,''l  do  not  understand.  Why  adopt  one  system  for  Oregon, 
and  another  for  California?  Is  it  said  that  the  people  of  Califor- 
nia are  not  yet  suited  to  participate  in  a  free  government  or  in  the 
onactmenls  of  laws?  If  such  even  were  the  fact,  why  wliolly  ex- 
clude them  froin  all  rights?  But  Senators  know,  that  at  this  day_ 
there  are  some  five  or  six  thousand  American  citizens  there,  and 
they  are  ruthlessly  excluded.  Is  their  capacity  fir  free  govern- 
ment to  bo  mistrusted  ?  Is  it  not  rather  from  the  fact  that 
they  would  set  up  a  free  government  indeed,  that  they  are  de- 
prived of  all  power  ?  I  know  there  is  a  mixed  po]iulaliiin  in  Cal- 
ifiirnia  and  so  it  is  in  Oregon,  but  the  s.ame  limitations  and  restric- 
tions which  apply  in  one  case  can  be  applied  in  the  other.  The 
riirht  of  voting  has  been  confined  in  Oregon  to  the  ''free  white  in- 
habitants."  The  same  limitation  may  apply  to  Ciilifornia.  No 
sound  distinction  can  be  drawn  in  these  eases,  yet  a  republican  go- 
vernment is  established  in  one  case,  and  an  oligarchy  in  the  others. 
These  people  were  but  a  short  time  since  the  subjects  of  a  foreign 
power,  and  sound  policy  would  dictate  that  we  should  not  set  up 
a  despotism  over  them.     Is  it  not  better  to  authorize  our  own 


people  to  participate  in  this  government,  and  allow  the  free  white 
Castilian  race  the  same  power  ?  Is  it  not  sound  policy  as  well 
as  correct  in  principle?  Will  it  not  fraternize  them  with  our  peo- 
ple and  our  own  government?  On  the  other  hand,  without  pow- 
er in  the  local  laws  by  which  they  are  governed,  will  they  not  be 
alien  to  our  Union,  and  unfraternal  to  our  people?  It  must  not  be 
forgotten  that  all  laws  which  would  be  pas.sed  in  California  as  in 
Oregon,  would  be  subject  to  the  approval  or  disapproval  by  Con- 
gress. This  systeiri  is  wholly  repugnant  to  our  form  of  govern- 
ment. It  is  in  violation  of  that  hindamental  principle  which  re- 
cognizes Ihe  "consent  of  the  governed,"  as  the  basis  of  govern- 
ment. Wo  are  told  that  such  is  the  early  form  of  our  territorial 
governments.  Be  it  so.  It  is  not  the  form  of  later  year.s.  If  it 
were  the  afiplicalion  should  bo  uni.'brm,  not  applied  to  the  free 
while  population  of  one  territory  and  not  to  another. 

The  settlement  of  ihe  question  of  slavery  by  this  bill,  it  is  said, 
to  be  determined  by  the  Supreme  Court.  I  think,  if  that  be  the 
case,  this  is  the  first  inslance  in  the  history  of  legislation  where  a 
question  purely  of  a  political  character  has  been  transferred  to 
the  judiciary.  It  is  avoiding  what  necessarily  belongs  lo  us  to 
determine.  Is  this  the  part  of  wisdom,  or  manly  dignity  and 
firmness,  to  avoid  the  settlement  of  a  question  which  is  political, 
and  which  belongs  to  us?  I  think  not  We  are  told  that  the  Su- 
]ireme  Court  of  the  United  Slates  can  determine  whether  sla- 
very will  exist  there  or  not,  if  this  bill  shall  pass.  That  by  the 
22d  section  of  this  bill,  a  right  to  appeal  is  granted  from  the  Su- 
preme Court  of  the  territories  lo  the  Supieme  Court  of  the  United 
Slates.  Suppo.se  it  to  be  so.  What  would  the  right  of  appeal  be 
worth  practically  ?  Suppose  slavery  steals  in  there,  as  it  will, 
how  can  the  slave  avail  himself  of  this  right  of  appeal  1  Who  is 
to  aid  him  in  Ihe  lirsl  instance,  to  obtain  his  writ  of  haebus  corpus, 
on  which  lo  try  Ihe  question  of  his  right  to  freedom  2  And  if  he 
sheuld  ge*  that  process  and  lake  the  first  step,  how  could  he  ap- 
peal ?  Who  would  be  his  surety;  and  at  ihe  distance  of  three 
thousand  miles  linm  Washinglon,  by  what  means  could  he  reach 
the  court  ?  This  right  of  appeal,  if  it  existed  by  law,  could  have 
no  )iraetical  effect  whatever.  It  leaves  all  unsettled  in  fact,  while 
two  lines  in  a  law  we  may  pass,  by  simply  inhibiting  the  institu- 
tion, will  settle  all.  But,  sir,  the  bill  in  lact.does  not  grant  even 
a  right  to  appeal  in  a  casee  ol  this  kind.  Though  the  right  of 
appeal  in  certain  cases  is  granted,  it  does  not  include  this 
case. 

The  bill  establishes  "  a  Supreme  Court,  district  court,  and  pro- 
bate courts."     The  bill  also  provides  that — 

"  Writs  of  error  and  appeals  from  the  final  decisions  of  said  Supreme  Court  shall 
be  allowed,  and  may  tie  taken  to  Ihe  Supreme  .Tudicial  Court  of  the  United  States,  in 
the  same  manner,  and  nnilet  the  same  wgulations  as  from  the  Circuit  Court  of  the 
ITniled  Slates." 

Toimdersland  correctly  what  are  the  rights  of  appeal  granted 

in  this  bill,  it  becomes  necessary  to  see  in  what  cases,  and  in  what 
manner  writs  of  error  and  appeals  are  granted  from  the  circuit 
courts,  to  the  Supreme  Judicial  Court  of  the  United  Stales. 
Then  we  can  learn  whether  there  is  in  fact,  any  thing  praclical 
in  thi.s  right  of  ajipeal.  This  bill  does  not  determine  in  words, 
how  appeals  shall  be  had,  but  refers  to  existing  laws — granting 
writs  of  error  and  appeals.  What  are  those  laws?  Section  22, 
chapter  20,  regulates  Uie  manner  of  granting  appeals  from  the 
circuit  court  to  the  Supreme  Judicial  Court  of  the  United  States. 
It  says — 

"  Final  jnilfiments  and  decrees,  in  civil  actio-isand  snits  in  equity,  in  cIrcnitcoorU, 
liTO'glil  tli'Ti*  liv  original  process,  or  removed  there  from  the  courts  of  the  several 
Slates,  and  removed  tlii-re  by  appeal  liom  a  distinct  court,  uherc  the  matte)-  in  dis 
i>idr  ezctrd  Ihe.  sum  or  viilur  e/  tw»  thuasnnd  iloltors,  cicluslce  of  costs,  may  be  re 
examined  ami  r'vcised  oraHlrmed  iu  the  Supreme  Court." 

The  right  of  appeal,  then,  is  given  only  when  the  property  ex- 
ceeds in  value  two  thousand  dollars.  As  that  would  be  greater 
than  the  value  of  a  person  who  might  sue  out  his  writ  of  habeas 
corpus,  no  right  of  a|)pcal  would  exist. 

But,  on  this  poin,  wo  are  not  left  to  the  doubtful  or  uncertain 
construction  of  a  statute,  although  the  language  of  that  statute  is 
10  my  mind  clear  and  positive.  The  Supreme  Judicial  Court  of 
the  United  States,  our  highest  legal  tribunal,  have  settled  and 
adjudicated  thai  question.  It  meets  this  case  precisely.  The  case 
to  which  I  reler  is  one  involving  the  right  of  appeal  from  the  de- 
cision of  Ihe  circuit  court  to  the  Supreme  Court,  on  the  process  of 
the  habeas  corpus.  Barry  vs.  Mercein  et  al,  5  Howard's  Rep. 
103,     This  case  was  decided  at  January  term,  1S47. 

"  This  court  has  no  appellate  power  iu  n  case  where  the  earcnit  court  refused  to 
grant  a  writ  of  habeas  corpus,  prayed  for  by  u  father  lo  take  Jiis  inlant  child  out  of 
the  cnslo  ly  of  its  mother." 

"  The  jiidgmeal  of  a  circnit  court  can  be  reversed  only  where  the  mailer  in  dispute 
exceeds  the  sum  or  value  of  (If  0  (Afij/.s««rf  rfn^ri.  It  musl  have  a  known  and  cer- 
tain value,  which  can  be  pro\etl  and  calculated  in  the  ordinary  business Iransaio 
Ilon^." 

So  the  court  has  decided  this  case.  No  right  of  appeal  could 
lie.  If  it  did.  every  man  knows  that  it  would  be  utterly  useless  as 
a  praclical  matter.  It  wouhl  not  and  could  not  reach  the  case  of 
a  person  held  lo  service — no  right  of  trial  can  exist  beyond  the  li- 
mits of  Ihe  territory  by  this  bill. 

How,  then,  stands  the  case?  You  establish  a  government 
iu  California,  a  governor  and  secretary  are  appointed  by 
the  President,  with  three  judges  who  are  not  removable, 
and  to  them  you  commit  the  legislative  power  of  llic  terri- 
tory ;  you  deny  them  the  power  to  legisUuo  at  all  upon  the 
subjects  of  religion  or  slavery  !  even  if  every  person  in  iho  lerrito- 
ry  should  desire  to  exclude  the  latter.     You  deprive  the  people  of 


July  22.] 


THE  COMPROMISE  BILL. 


9sn 


the  ric'it  to  sict  at  all — you  refuse  to  act  here,  and  one-half  of  the 
Senate  nearly  denying  the  power.  Is  not  this  virtuiilly  building 
up  a  wall  around  that  terrilorv,  which  will  and  must  serve  as  a 
protectirm  to  this  nistitution  ?  What  is  the  orifiin  of  .slavery  ?  It 
IS  never  created  by  law  ;  it  steals  into  territory,  and  then  claims 
a  law  to  recognize  it.  The  Senator  from  Virginia  [Mr.  Mason] 
says  : 

"  There   never  was  a  law  in  Virginia  creating   Blavery;  and  I  doubt  it  tliero  has 
been  such  a  law  in  any  of  the  southern  Slates." 

Such  is  the  fact.  There  is  no  law  creating  it.  It  exists  by 
brute  force,  in  the  violation  of  the  ris^hts  of  every  thing-  human  or 
divine.  Were  we  called  upon,  could  w^e  justify  it,  if  we  thus  sur- 
render up  this  vast  country^-lhese  great  principles  of  hum.m  free- 
dom, and  exclude  from  it  the  free  white  labor  of  the  whole  land? 
That  this  bill  will  do  it,  there  can  be  no  doiibt,  as  it  restricts  that 
power  which  alone  could  prevent  it.  It  inhibits  all  power  in  the 
territory  from  preventing  the  lawless  spread  of  slavery.  That  in- 
hibition will  prove  a  guarantee.  Or  certain  it  is  that  while  you 
thus  prevent  the  use  of  all  power  to  exclude  slavery  from  the  ter- 
ritory, it  would  be  as  certain  as  the  decree  of  fate  that  it  would 
steal  in,  as  it  li.ts  into  all  the  territories,  and  then  claiiuing  vested 
ritrhts,  It  would  demand  and  obtain  laws  securing  and  recognizing 
it.  Such  has  been  its  history  in  every  State  where  it  now  exists  ; 
such  will  be  the  result  here,  if  this  bill  shall  become  a  law. 

The  Senator  from  Delaware  gave  us  the  extent  of  llie  area  in- 
cluded in  those  territories. north  of  the  parallel  of  36"  30'.  I  was 
unable  to  get  the  precise  amount,  but  if  I  am  right  in  my  recollec- 
lion,  the  aggrcirate  of  territory  north  of  that  parallel  was  about 
one  million  tive  hundred  thousand  square  miles. 

Mr.  CLAYTON.— One  million  six  hundred  thousand  square 
miles. 

Mr.  HAMLIN.— And  that  south  of  that  parallel  the  area  was 
about  three  hundred  thousand  square  miles. 

Mr.  CLAYTON.— Two  hundred  and  sixty-two  thousand  square 
miles. 

Mr.  HAMLIN.— Now,  sir,  wo  have  not  the  Missouri  compro- 
mise before  us  for  discussion.  What  was  the  object  of  iho  gentle- 
men, then,  in  presenting  that  table  of  figures?  Why  did  not  the 
gentleman,  in  connection  with  it,  present  other  facts  and  figures 
for  our  consideration  ?  Why  did  be  not  state  that  in  our  free 
States  the  population  is  about  twelve  millions,  and  in  the  slave 
States  about  eight  millions?  Wliy  did  he  not  present  another 
element — Iho  relative  pro)iortion  of  territory  botwee.:  the  free  and 
the  slave  States?  I  have  not  made  an  exact  calculation  on  that 
point,  but  I  holieve  that  the  proportion  is  about  as  nine  to  four — 
the  free  States  having  an  area  of  less  than  four  and  a  half  millions 
of  square  miles,  and  that  the  slaveS  tates  embrace  an  area  ol  inore 
than  nine  millions  of  square  miles,  twice  as  sreat  as  that  of  the 
free  States.  Why  did  rot  the  gentleman  from  Delaware  go  s'ill 
farther   into  the   statistical    view   of  the  subject,  and  show  that 


even  with  every  inch  of  territory  down  to  the  southern  limit  of 
California  and  New  Mexico,  somewhere  between  the  years  eigh- 
teen hundred  and  sixty  and  eighteen  hundred  and  seventy,  under 
the  operation  of  the  laws  which  have  heretofore  governed  our  io- 
crease,  the  population  of  the  free  States  would  be  more  circum- 
scribed, more  to  the  square  mile,  than  that  of  the  slave  States? 

Mr.  CLAYTON. — The  honorable  Senator  has  so  repeatedly 
called  upon  me  that  I  must  again  answer.  As  cbairman  of  the 
committee,  I  stated  its  proceedings.  I  stated  that  the  Missouri  com- 
promise was  proposed — that  northern  gentlemen  voted  against  it, 
and  southern  gentlemen  for  it,  and  that  if  adopted  the  efl'ect  of  it 
would  have  been  to  give  one  million  six  hundred  thousand  squaro 
miles  to  the  North,  and  two  hundred  and  sixty-two  thousand 
square  miles  to  the  South. 

Mr.  HAMLIN. — I  do  not  object  to  the  gentleman's  statement, 
but  I  merely  exprcssscd  the  opinion  that  it  would  be  much 
more  pertinent  to  the  occasion,  had  it  been  accompanied  by 
some  of  those  interesting  statistics  to  which  I  alluded. 

There  are  other  objections  to  the  hill  to  which  I  would  gladly 
allude,  but  I  have  already  detained  the  Senate  longer  than  I  de- 
signed or  anticipated.  Looking  to  the  lights  of  other  days — the 
patriots  of  other  times — the  eloquent  warnings  which  we  have  had 
from  our  Washington,  Madison,  our  Jefferson,  our  Mason,  aye, 
and  from  our  own  Pinekney,  too,  and  all  that  long  list  of  patriotic 
men  of  the  South  who  have  adorned  this  Union;  who  have  pointed 
out  the  evils  that  would  come  upon  us  by  perpetuating  and  ex- 
tending this  institution,  I  owe  it  to  llie  constituents  whom  I  rep- 
resent, to  our  posterity,  to  all  the  toil  ng  millions  who  are  seeking 
an  asylum  in  our  land,  to  embrace  this  opportunity  of  opposing 
with  unshaken  firmness  any  attempt  to  introduce  or  permit  this 
institution  to  flow  into  territory  now  free.  Let  these  vast  and  fer- 
tile regions  be  preserved  for  the  cultivation  of  free  labor  and  free 
men,  so  well  calculated  to  advance  the  arts  of  civilization.  Do 
this,  and  the  teeming  and  busy  millions  of  future  ages  shall  blest 
our  acts  with  grateful  hearts. 

Mr.  CLARKE  moved  that  the  Senate  adjourn. 

And  the  yeas  and  nays  having  been  demanded  by  Mr.  Ber- 
rien— 

It  was  determined  in  the  afBrmative,  as  follows  : 

YEAS.— MeiM«.  Allrn,  Baiiger.  Bnldwin,  Bell.  Benton.  Biadliurv.  Claiko.  Cot- 
win  Uuvia,  of  Ma.".,  Daylon,  Di.i.  Uoiljo,  Fitz»eraW,  Grecni-,  dale,  Uanitm, 
,l,>hiisoi..  of  Md..  Johnson,  of  La.,  Mniisuni,  Melcallc.  Mdter.  Nilcs,  Peaiw, 
PIil1|is.  Spruance.  Underwood,  Upliom,  VVnlker.  Weitroll,  and  Yulec— S9. 

NAVtf.— Messrs.  Atchison.  Alhctlon.  Berrien.  Borland.  Brcesc.  Bri'lit.  Batler, 
Calliunn,  Clayton,  Davis,  of  Miss.,  DiclonwD,  Uooglat.  Fckh,  Koole,  Uunnugui, 
IlouMon.  Johnson,  of  Ga.,  King,  Lewis,  Mason,  Sebastian,  Slorgeon,  Tnrney,  and 
Yulcc.— -24. 

Whereupon, 

The  Senate  adjourned. 


928 


THE  COMPROMISE  BILL. 


|MoN 


DAY, 


MONDAY,  JULY  24,  1848. 


KEPOBT  FROM  THE  TREASUBT  DEPARTMENT. 

The  VICE  PRESIDENT  laid  liefore  llie  f^cnale,  a  report  of 
the  Seeri'lary  of  tho.  Tri-'asiiry,  made  in  i'oin)iliancc  with  a  rcsolii- 
tioTi  of  tlie  Senate,  showinf;  the  uuinher  o(  oflieers  employed  in 
and  ahout  the  Custom  House  in  the  city  of  Baltimore  ;  which  was 
read. 

SIGNING    OF    BILLS,    ETC. 

The  VICE  PRESIDENT  signed  the  following  enrolled  hills 
and  enrolled  resolutions: 

An  act  to  RUtlioiizo  rtip  s.,l(?  of  n  part  of  public  resurvation  iinmbert-d  tliirtecn,  in 
tlie  t'ity  ol"  Wssliingloii,  and  for  other  purposes. 

An  act  for  tlie  relief  of  the  heirs  of  Moses  White.  ^ 

An  act  for  the  rejief  of  Alfred  White. 

An  act  for  llie  relief  of  the  Society  for  the  reformation  of  Juvenile  delinquents  in 
thecily  of  New  Vork. 

All  act  In  confirm  the  location,  and  to  crant  a  (|uarler  section  of  public  lands  for 
the  county  site  of  Hill>ljoro»};ii,  State  of  Florida. 
Anact  for  the  relief  of  the  Central  Rail  Road  and  Banking  Company  of  Georgia. 

An  act  to  revive  an  act  authorizing  certain  soldiers  in  the  late  war  [with  Great  Bri- 
tain J  to  surrender  the  bounty  lands  drawn  by  them,  and  to  locate  others  in  lieu  thereof 

A  resolution  to  sanction  an  agreement  made  between  the  Wyandotls  and  Dela- 
wares,  for  tlie  purchase  of  certain  land  by  the  Ibrmer  of  the  latter  tribe  of  Indians. 

A  rcsoliilioii  iclini|uishing  to  the  State  of  Missouri,  certain  trophies  of  Doniphan's 
victorious  expedition. 

A  resolution  extending  the  time  for  the  erect  ion  of  certain  light  houses. 

HOUSE    BILLS    REFERRED. 

The  bill  from  the  House  of  Representatives  for  the  relief  of  cer- 
tain stirvivinc  widows  of  oflicers  and  .soldiers  of  the.  revolutionary 
army  was  read  the  first  and  second  limes,  by  unanimous  consent, 
anil  rcfei  red  to  the  Committee  on  Pensions. 

The  bill  from  the  House  of  Representatives,  making  appt-opria- 
tions  for  the  civil  and  diplomatic  expenses  of  government  for  tho 
year  ending  the  30th  day  of  June,  184!),  and  for  other  purposes, 
was  read  the  first  and  second  times,  by  unanimous  consent,  and 
referred  to  the  Committee  on  Finance. 

MESSAGE  FROM  THE  HOUSE. 

The  following  message  was  received  from  the  House  of  Repre 
sentatives,  by  Mr.  C.^MrBBLL,  their  Clerk  : 

Mr.  President:  The  House  of  Representatives  have  passed  a  resolution  "  that  the 
President  of  the  Senate  and  tile  Speaker  of  the  House  do  ail  jnurn  their  respective 
Houses  on  Monday,  the  7tli  day  of  August  next,  at  li  o'clock  meridian  ;"  in  which 
they  rei|uest  the  concurrence  of  the  Senate. 

SIGNING    or    BILLS. 

The  VICE  PRESIDENT  signed  the  enrolled  bill  to  make  Ban. 
gor  a  port  of  entry  for  ships  or  vessels  coming  I'rotn  and  beyond  the 
Cape  of  Good  Hope. 

And  an  act  to  authorize  the  Secretary  of  the  Treasury  to  make 
a  comprotiiise  and  settlement  with  the  securities  of  Francis  D. 
Nevvcomb,  late  surveyor  general  of  the  State  of  Louisiana. 

And  they  were  delivered  to  the  Committee  to  be  presented  to 
the  President  of  the  United  States. 

THE  COMPROMISE   BILL. 

The  Senate  resinned  as  in  Committee  of  the  Whole,  the  cmsid- 
eration  of  the  bill  to  establish  the  territorial  governments  of  Ore- 
gon, California,  and  New  Me.xico. 

Mr.  CLARKE. — From  my  peculiar  position  in  relation  to  this 
matter,  having  been  placed  upon  the  committee,  from  which  this 
bill  is  reported  to  the  Senate,  I  feel  it  to  be  my  duty  to  explain 
the  course  which  I  have  taken,  and  which  1  shall  take,  in  regard 
to  the  bill.  On  the  morning  when  the  Senate  was  about  to  elect 
the  select  committee,  to  whom  was  to  be  referred  the  subject  of 
considering  the  territorial  bills  for  Oregon,  New  Mexico,  anil  Cal- 
il'iirni:t,  an  himorable  Senator  on  this  side  tlie  chamher,  exprc^sed 
a  wi^h  Ihul  I  should  be  a  member  of  that  committee.  I  declined 
for  the  reason  that  my  health  would  not  enable  me  to  undergo  llie 
fatigue,  and  also,  because  I  jiroposed  about  that  time  to  return 
home  to  my  family,  hoping  that  a  slight  relaxation  IVoin  my  iluties 
here  would  restore  me  to  my  accustomed  health  and  strength.  I 
referred  the  Senator  to  ray  colleague  as  more  able  than  myself, 
and  better  fitted  to  execute  the  responsible  duties  which  nuist  ile- 
volve  upon  the  eommittee.  I  foresaw  the  dillieiiltics  which  sur- 
rounded the  subject ,  and  desired  most  sincerely  to  avoid  them.  Im- 
mediately 1  went  to  the  other  end  of  the  eajiilol  to  .see  a  friend, 
and  whilst  there  the  committee  was  elected.  When  I  rettirned,  I 
understood  1  had  been  chosen  a  member  of  the  committee,  and 
was  about  declining  to  serve,  when  several  Senators  dissuaded  mo 


from  that  purpose.  I  consented,  much  to  my  own  discomfort,  to  re- 
main and  serve  as  a  member  of  the  committee,  thereby  losing  the 
opportunity  of  going  home,  and  gaining  only  an  unlimited  quantity 
of  abuse  from  Mason  and  Dixon's  line  to  the  Aristook.  'I  he  bill 
reported  by  the  coinmittee  has  received  a  laborious  and  deliberate 
consideration.  It  was  reported  to  the  Senate  with  the  assent  of 
all  the  members  of  the  committee,  but  there  were  two  of  the  eom- 
mittee who  did  not  give  their  assent  to  the  provisions  of  the  bill — 
I  mean  the  Senator  from  Kentucky  and  myself.  The  other  mem- 
bers o-ave  their  assent  unqualifiedly  to  the  bill  as  reported,  and  to 
all  its  provisions.  Sim-e  that  time  an  additional  provision  by  way 
of  codicil,  or  addendum  has  been  reporteil,  without  my  knowledge 
or  consent,  limiting  the  time  for  the  action  of  the  territorial  gov- 
ernment of  Orcffon  to  three  months,  and  providing  that  if  the  law 
reo-ardin"  sl.Tvery  shall  not  be  confirmed  within  three  months  after 
the  first  meeting  of  the  territorial  legislature,  the  act  .shall  be  null 
and  void.  I  have  never  given  my  assent  to  .such  a  provision — in- 
deed I  did  not  know  it  was  to  be  reported.  The  conclusion  was 
arrived  at  after  the  bill  w:is  exhibited  to  the  whole  committee,  and 
had  been  reported,  niid  from  such  a  provision  I  dissent  entirely. 

I  shall  be  as  brief  as  possible,  sir,  in  what  I  have  to  say,  for  at 
this  period  of  the  session  it  would  not  he  courteous  towards  the 
Senate,  to  detain  them  by  any  lengthened  observations  of  mine, 
even  if  my  health  would  permit  me  to  stand  long  enough  upon  the 

floor the  last  consideration  is  the  best  as-surance  that  I  shall  not 

abuse  their  patience.  This  committee,  Mr.  President,  you  will 
recollect,  was  appointed  by  the  Senate,  peculiarly  wiih  a  view  to 
the  reconciliation  or  adjustment  of  this  absorbing  question.  One- 
half  of  the  committee  was  composed  of  Senators  from  one  geo- 
graphical division  of  the  country,  and  the  remaining  half  from  tho 
other  and  each  half  consisted  of  two  members  of  each  of  the  two 
iireat  political  parties.  Why  and  for  what  was  the  commitlee  so 
constituted?  and  to  what  end  was  it  expected  their  deliberations 
should  come?  AVas  it  not  constituted  with  an  expectation  that  lo- 
cal and  sectional  feelings  should,  in  some  degree, yield  toconsider- 
ations  of  great  public  policy,  and  that  the  coinmittee  should  unite 
their  labors  for  the  purpose  of  endeavoring  to  frame  a  bill  that 
should  reconcile  the  conflicting  interests  of  parties  in  regard  to 
this  agitatins  question?  Or  was  it  that  the  committee  should  meet 
toceiher  and  spend  their  lime  without  producing  any  result  what- 
ever? So  far  as  my  intercou;se  with  the  eommittee  has  gone,  I 
have  seen  nothing  but  a  spirit  of  harmony,  urbanity  and  kind  feel- 
ing. It  is  true,  sir,  that  the  gentlemen  from  the  South  desired  to 
secure  to  themselves  the  full  rights  which  they  claimed.  It  is  also 
true  that  we  of  the  North  did  endeavor  to  resist  the  claims  that 
were  made  by  the  South,  and  in  the  course  of  the  deliberations  of 
the  committee  many  questions  arose,  and  many  were  decided  by 
yeas  and  nays;  and  finally,  after  great  labor,  a  bill  was  agreed 
upon,  which  received  the  sanction  of  six  members  of  the  commit- 
teee,  and  which  was  not  sanctioned  by  the  remaining  two.  The 
bill  has  been  brought  before  the  Senate  to  receive  the  sugges- 
tions and  improvements  which  may  bo  tliousht  necessary  to  per- 
fect it;  and  it  is  my  purpose,  if  possible,  to  give  to  it  a  somewhat 
better  shape.  But,  sir,  the  Senator  from  New  Hampshire  and  the 
Senator  from  Maine,  instead  of  aiding  to  improve  and  perfect  the 
bill,  have  contented  themselves  with  denouncing  the  committee 
who  reported  it.  Now,  I  disclaim  all  intention  of  entering  into  a 
controversy  upon  the  question  of  slavery  in  the  abstract.  I  have 
mv  own  opinion  in  regard  to  it  ;  and  that  is  that  slavery,, 
by  the  legislation  of  Congress,  should  not  be  allowed  to  pass  into 
any  territory  which  is  now  free.  My  State  has  expressed  the 
opinion  of  her  citizens  upon  this  subject,  decidedly  anil  unmistnke- 
ably.  I  by  no  means  say  that  she  would  interfere  with  that  insti- 
tution in  the  Slates  where  it  is  now  established  by  law;  but  she 
looks  with  great  distrust  and  alarm  upon  the  acquiritio  n  of  any 
territory,  to  which  it  may  be  extended. 

Mr.  President,  under  a  full  knowledge  of  these  views  of  my  con- 
stituents, so  exactly  corresponding  with  my  own,  I  hiive  .acted  in 
regard  to  this  bill,  which  has  been  completed  by  ihe  arduous  and 
unremitting  labor  of  the  committee.  Before  it  was  reported  1 
moved  an  amendment,  which  1  shall  move  again  today,  and  I  hat 
aincndtnent  goes  to  recognize  the  fact,  that  by  tho  existing  laws 
of  Mexico  slavery  has  been  abolished  in  the  provinces  or  States  of 
New  Mexico  and  California.  The  amendment  which  I  proposed, 
and  which  did  not  jirevail  in  the  committee,  I  then  stated  was,  in 
mv  iud::meiit,  indispensilile,  and  wiilioiit  it  I  eouki  ^ivc  no  assent 
to  this  lull  ;  and  a  declaration  of  dissent  I  subsequently  reduced 
to  writing  and  filed  with  the  minutes  of  the  committee.  I  consid- 
ered that  it  was  a  point,  all  but  conceded,  that  the  territory  of  Ore- 
gon was  to  bo  unequivocally  and  positively  a  free  territory,  not  be- 
ing within  the  probable  range  of  the  application  of  slave  labor  ac- 
cording to  the  principles  of  population,  soil,  and  climate  alluded 
to  by  tho  SeiKitor  from  South  Caiolina.  It  is  conceded,  I  believe, 
that  this  matter,  if  uncontrolled,  is,  in  a  great  measure,  governed 
by  geographical  position  ;  and  no  man  of  the  committee  believed 


July  24.] 


THE  COMPROMISE  BILL. 


929 


that  Oregon  was  within  that  range,  which  would  naturally  make 
it  a  slave  territory.  Besides,  the  provisional  government  of  that 
territory  has  enacted  a  law  for  its  exclusion,  which  law  should  ne- 
ver be  repealed  by  territorial  legislation,  without  the  pssent  and 
approval  of  Congress.  Well,  it  was  proposed  to  put  this  matter 
beyond  equivocation  or  doulit,  but  in  casting  my  eye  over  the  bill, 
I  perceive  in  the  sixth  section  that,  alter  "granting  the  power  of 
legislation  to  the  territorial  government,  there  is  this  expression  : 
"  All  the  laws  passed  by  the  legislative  assembly  shall  bo  submit- 
ted to  the  Congress  of  the  United  States,  and,  if  disapproved,  shall 
he  null  and  void."  That  leaves  the  question  in  regard  to  slavery 
m  the  territory  of  Oregon  precisely  where  I  did  not  understand  it 
was  to  be  placed.  There  is  tl.is  vital  and  essential  difficulty  in 
regard  to  this  portion  of  the  bill.  If  the  legislative  assembly  of 
Oregon,  at  any  time  after  the  passage  of  this  bill,  whether  it  be  at 
the  time  contemplated  by  the  bill,  or  at  any  other  time,  shall  repeal 
the  law  for  the  exclusion  of  slavery  as  passed  by  the  provisional 
government,  and  if  the  act  of  repeal,  travelling  across  the  Rocky 
mountains  and  the  wide  waste  that  lies  between  this  capitol  and 
Oregon,  shall  be  submitted  to  the  Senate  and  House  of  Represen- 
tatives for  their  approval,  and  the  Senate  should  be  in  favor  of  ap- 
proving the  law,  and  the  other  branch  of  Congress  should  be  acainst 
It,  then  the  act  is  not  set  aside,  but  continues  and  remains  a  law 
in  full  force.  In  order  to  meet  this  difficulty  and  to  mako  the  bill 
accord  with  mv  views,  I  propose  to  add  at  the  end  of  the  sixth  sec- 
tion the  following  ; 

"Prtfrir/ert^  howevrr.  That  no  law  repealins:  the  act  of  the  provisional  covernnient 
of  said  lerrilory,  proliihitin^  slavery  or  iiivoliinlary  servitude  ttierein,  shall  be  valid 
nntit  the  same  siiai]  be  approved  by  Congress." 

My  object  is  this  :  that  no  repeal  of  a  law  so  essential  to  a  large 
portion  of  this  country,  so  important  to  the  North  under  the  pre- 
sent excited  state  of  public  feeling,  was  contemplated  by  the  com- 
mittee, nor  should  take  place  without  it  should  first  receive  the 
decided  assent  of  Congress.  With  this  provision  I  shall  consider 
that  the  territory  of  Oregon  will,  in  all  probability,  be  a  free  ter- 
ritory ;  and  I  also  believe  that  she  is  entitled,  clearly  and  uaequi- 
vocally,  to  the  power  of  excluding  slavery  and  involuntary  servi- 
tude from  within  her  limits.  I  believe  it  was  the  understanding  of 
all  parties  here,  at  the  time  of  the  admission  of  Texas,  that  Ore- 
gon should  be  a  free  State  as  an  offset  against  the  increase  of  slave 
power  which  would  necessarily  follow  from  the  annexation  of  Tex- 
as. The  North  has  lost,  by  the  surrender  of  a  large  portion  of 
Oregon,  much  that  w-e  had  a  right  to  expect  would  be  free  terri- 
tory, whilst  instead  of  losing  at  the  South,  we  find  that  the  State 
of  Texas  is  now  claiming  to  extend  herself  to  the  Rio  Grande,  and 
to  take  within  her  limits  all  that  portion  of  New  Mexico  which  is 
most  valuable.  Nothing  is  lost  to  the  slave  interest  of  the  South, 
and  much  has  been  lost  to  the  free  soil  of  the  North.  But  by  the 
proviso  I  offer,  we  shall  secure  what  we  have  remaining,  and  with 
this  amendment,  in  my  judgment,  the  bill  relating  to  Oregon  will 
be  satisfactory  to  all  parties. 

Mr.  President,  when  the  committee  were  debating — and  they 
had  much  deliberation  in  regard  to  these  territories  of  New  Mex- 
ico and  California — there  was  some  doubt  expressed  as  to  the  fact 
whether,  by  the  laws  of  Mexico,  slavery  had  been  utterly  and  ab- 
solutely abolished  within  all  the  States  of  that  republic.  It  was 
the  generally  received  opinion  that  such  was  the  case,  but  I  have 
heretofore  understood  the  Senator  I'rom  Texas,  [Mr.  HousTo>f,] 
to  assert  that  such  was  not  the  fact.  In  order  that  it  may  no  lon- 
ger be  matter  of  doubt,  but  settled  beyond  controversy,  I  have 
prepared  an  amendment  declaratory  of  the  fact,  which  I  will  of- 
fer for  the  consideration  of  the  Senate — meanwhile  I  ask  that  the 
following  decree  of  the  President  of  the  republic  of  Mexico  may 
be  read  by  the  Secretary. 

"The  President  of  the  United  States  of  Mexico  to  the  inhabitants  of  the  republic: 

Know  ye,  tliatdesiring  todistinguisli  the  annivei^ary  of  our  inde|>entlence,  this  j'ear 
1829.  by  Mu  act  of  justice  and  national  bencHceuce,  that  may  rudound  lo  tile  beuetrt 
and  support  of  that  inappreciable  blessing,  that  may  more  „nd  more  secure  the  jtub- 
lie  tranquility — that  may  pujniote  the  grandeur  of  the  republic,  and  that  may  restore 
or  reinstate  an  unfortunate  portion  of  its  inhabitants  in  those  sacred  rights,  which 
nature  gave  them,  and  thas  iJiotect  and  sustain  the  nation  by  wise  and  just  laws,  in 
conformity  with  wliat  is  presciibed  in  the  30lh  article  of  the  constitution.  In  exercise 
therefore  of  the  extraordinary  powers  with  which  I  have  been  invested,  I  have  deem- 
ed it  proper  to  decree  — 

1st.  Slavery  is  abolished  from  the  republic. 

2d.  Alt  those  who  until  this  day,  have  been  considered  :u  slaves,  are  consequently 
free. 

3d.  When  the  situation  of  the  public  Treasury  will  permit  it,  the  proprietors  of  the 
slaves  shall  be  indemnified  in  the  manner  which  the  laws  may  prescribe. 

To  Dos  Jose  Maria  Bocaxegka. 

Mexico,  I5lh  September,  \&Z'i. 

Vol.  5.  Page  149  of  the  decree  of  the  Mexican  government  published  by  authority! 
It  appears  that  in  1829  slavery  was  abolished  in  the  republic 
of  Mexico  by  the  then  President  Guerero,  by  this  decree  issued  by 
him  in  virtue  of  the  extraordinary  powers  vested  in  him  by  the 
constitution.  In  1830  or  1831,  the  government  of  President  Gue- 
rero was  subverted  and  overthrown  and  he  was  put  to  death — and 
in  the  zeal  of  revolutionary  excitement,  the  Congress  of  Mexico 
passed  a  general  law,  repealing  all  the  laws  that  had  been  matle 
or  decrees  issued  by  Guerero,  by  virtue  of  those  extraordinary  pow- 
ers, and  in  this  general  repeal  of  all  laWs,  this  decree  for  the  abo- 
lition of  slavery  was  included.  But  in  the  year  1837,  the  Con- 
gress of  the  republic  of  Mexico  passed  an  act  having  direct  refer- 
ence to  this   subject,  which  I  will   also  ask  the  Secretary  to  read: 

■■AN  ACT  ABOLISIKG   SLAVERY  IN  THK  EEPI'RLIC." 

Art.  1.  Slavery  without  any  exceptions,  is,  and  shall  remain  abolished  throughout 
the  entire  rer.ublic. 

Art.  2,  The  owners  of  staves  manumitted  by  this  act,  or  by  the  decree  of  15th  Sep- 
tsmber.  ts^29.  shall  beiudemuified  for  the  interest,  &c. — providing  only  lor  appraisal. 
Dated  April,  5lh,  183T. 

30th  Cons. — Ur    Session — No.  117. 


Well,  sir,  such  being  tho  undisputed  fact  in  regard  to  the  Mex- 
ican law.  in  order  that  it  may  be  placed  beyond  doubt  or  ques- 
tion in  future,  I  propose  to  offer  to  the  Senate  the  following 
ainendmcnt,  to  bo  added  at  tho  end  of  the  word  slavery  in  the 
2()th  section  of  tho  bill — and  also  to  a  similar  section  relating  lo 
New  Mexico,  viz  : 

"It  lieing  nnderelood  an.l  declared  that  at  the  time  of  the  etwon  nf  tlie  teniloiici  of 
New  Mexico  ami  California,  by  Me;  to  lo  the  Inited  Stale,,  slavery  and  iniolnola 
rv  teryitudc  had  been  abolished  by  the  laws  of  Mexico,  and  did  not  exist  therein;  Md 
that  the  laws  now  in  said  territory  shall  bo  and  remain  m  full  force,  ouul  lerritonal  ie 
gislatorcs  shall ^e  formed  by  Congre.,,  with  authority  to  change  or  repeal  Ui«  same. 

There  was  another  question,  which  was  considered  ol  vital  Im- 
portance as  to  these  territories,  whether  they  arc  to  be  governed 
by  the  existing  laws  of  Mcxioo  until  others  arc  made  and  sanc- 
tiotiod  by  Congress,  or  whether  under  the  constitution  of  the 
United  States  which  over-rules  all  law,  the  owners  of  slaves 
would  have  tho  same  right  to  carry  them  as  property  into  these 
territories,  as  the  citizens  of  the  free  States  would  have  to  carry 
with  thena  their  property.  It  was  proposed  in  the  cummittee  that 
this  question  should  bo  left  open.  Tho  new  taken  by  my  friend, 
tho  Senator  from  Vermont,  and  by  myself  was,  that  if  such  was 
the  law,  another  great  constitutional  question  was  involved,  that 
if  a  slave  should  he  carried  to  California,  and  if  by  the  laws  which 
exist  there,  he  could  not  be  held  in  servitude,  whether  he  would  bo 
able  to  sue  out  a  writ  of  habeas  corpus  before  any  judge  in  Cali- 
fornia, and  upon  a  decision  rendered  by  the  judge  against  him,  also 
be  able  by  this  bill  to  carry  t.ie  question  of  his  personal  liberty  by 
appeal,  to  the  Supreme  Court  of  the  United  States.  As  the  bill 
stands,  it  was  necessary  in  order  to  carry  a  case  to  tho  Supremn 
Court  that  it  should  involve  an  amount  equal  to  $2,000.  But  in  a 
case  of  personal  liberty,  the  question  of  am.ount  involved,  should 
not,  in  my  judgment,  enter  into  the  cnosideration  of  the  case.  Whe- 
ther such  a  case  necessarily  involved  a  constitutional  question,  so 
as  to  enable  the  appeal  to  be  carried  up,  was  a  matter  of  much 
deliberation.  It  was  the  opinion  of  the  Senator  from  Vermont 
and  others,  in  which  I  also  concurred,  that  it  would  be  a  subject 
for  an  appeal  to  the  Supreme  Court;  the  difficulty  would  only  lay 
in  its  practical  operation.  The  committee  were  divided  more  up- 
on this  tiuestion  than  upon  any  ono  of  so  vital  importance;  and 
as  much  doubt  continued  to  rest  upon  the  subject,  I  propose  to  of- 
fer the  following  amendment  as  an  addition  to  the  24th  section  of 
the  bill.  It  can  surely  do  no  harm — but  maybe  productive  of 
good; 

"And  in  all  cases  involving  the  person.al  hhcrly  of  «  citizen  of  itid  territory,  or  on; 
person  residing  therein,  an  appeal  from  the  decision  of  the  coprenie  conn  of  said  ter- 
ritory, or  any  judge  thereof,  shall  be  allowed  directly  lo  the  Supreme  Court  of  iho 
United  States." 

My  object,  Mr.  President,  in  offering  these  several  amendments 
has  been  to  endeavor  to  make  the  bill,  if  it  shall  become  a  law,  as 
unobjectionable  as  possible. 

Wo  cannot  shut  our  eyes  to  the  deep  interest  that  is  felt  and  tho 
strong  manifestations  made  in  regard  to  these  important  subjects. 
AVhy,  sir,  the  charges  that  have  been  made  against  us  have  been 
rung,  with  all  their  changes,  from  the  broad  Atlantic  to  the  Alle- 
ghanies  ;  and  the  reverberations  will  reach  us  from  the  more  dis- 
tant parts  of  our  land.  Clouds  of  discontent  are  gathering  in  the 
political  horizon — they  are  lowering  upon  us — and,  without  invo- 
king tho  spirit  of  prophecy,  we  may  easily  anticipate  the  mis- 
chiefs that  will  ensue  if  these  questions  are  not  satisfactorily  sot- 
tied.  He  who  can  throw  oil  ujion  these  troubled  waters  will  havo 
done  much  good.  I  am  not  vain  enough  to  suppose  that  office  to 
be  mine.  I  anticipate  no  such  distinction  ;  but  if  my  humble  aid 
can  contribute  to  tho  quiet  and  peace  of  our  common  country  I 
shall  conceive  that  my  labors  have  not  been  in  vain. 

The  Legislature  of  the  State  of  Rhode  Island  has  passed  strong 
resolutions  upon  this  subject,  and  under  the  instructions  contained 
in  those  resolutions  I  am  not  permitted  to  vote  for  the  enactment 
of  any  law  thai  will,  upon  any  contingency,  authorize  the  exist- 
ence of  slavery  in  the  territory  of  Oregon  :  neither  am  I  at  liberty 
to  establish  slavery  in  any  territory  now  free.  With  regard  to  the 
instructions  of  a  legislature,  I  do  not  consider  them  as  obliging  a 
Senator  to  surrender  his  own  well-conceived  and  lixed  opinions"  I 
feel,  that  in  receiving  an  appointment  lo  tho  high  honor  of  a  seat 
in  this  body,  a  degree  of  confidence  has  been  reposed  in  my  dis- 
cretion and  judgment,  and  that  I  may  be  permitted  to  exerciss 
that  judgment  in  sincerity  and  in  honesty.  Indeed,  sir,  I  would 
shrink  from  no  responsibility.  But  as  the  bill  is  now  framed  I 
cannot  and  will  not  give  it  my  support,  and  may  not,  even  if  the 
amendments  I  have  proposed  are  adopted — although  they  would 
ccrttiinly  make  the  bill  much  less  objectionable  than  I  believe  it  lo 
bo  now. 

I  have  said  that  1  did  not  assent  to  the  provisions  of  this  hill  as 
reported  by  the  committee,  and  that  I  reserved  to  myself  the  right 
to  propose  such  amendments  as  I  deemed  advisable,  and  to  act 
upon  its  passage  as  my  judgment  should  direct.  This  was  dis- 
tinctly stated  in  the  committee-room,  and  I  supposed  my  objco- 
tions  had  been  entered  upon  the  minutes  by  the  Senator  from  Indi- 
ana. Having  ascertained  from  bira  that  the  entry  upon  tho  min- 
utes had  not  been  made,  at  his  suggestion,  I  drew  up  u  declara- 
tion myself,  and  gave  the  paper  to  the  honorable  Senator,  to  be 
attached  to  the  minutes  of  the  committee,  then  in  his  possession. 
If  ho  has  the  minutes  of  the  proceedings,  I  will  bo  obliged  to  the 
Senator  to  allow  that  paper  to  be  read. 

Mr.  BRIGHT. — The  journal  of  the  committee  is  in  the  com- 
mittee-room.    I  will  send  for  it. 


930 


THE  COMPROMISE  BILL, 


[Monday, 


Mr.  DICKINSON.— What  the  Senator  from  Rhode  Island 
speaks  of  was  all  subsequent,  I  presume,  to  the  action  of  the 
committee  upon  the  bill.     I  heard  nothing  of  any  protest. 

Mr.  CLARKE. — It  was  perhaps  not  properly  a  protest.  It  was 
a  statement  of  my  objections  and  of  the  reasons  that  would  govern 
my  action  upon  the  bill. 

Mr.  BRIGHT. — I  did  not  understand  the  Senator  as  dissentinc 
from  the  report,  but  on  the  contrary  as  consentinir  it  should  be 
made.  Since  the  committee  reported  the  bill,  the  Senator  handed 
me  the  paper,  which  I  have  in  my  hand,  and  which  can  be  read  if 
he  desires  it. 

"Mr.  BERRIEN. — I  have  no  desire  to  oppose  the  wishes  of  the 
Senator  from  Rhode  Island  in  regard  to  this  matter,  but  the  prac- 
tice of  referring  to  what  took  place  in  the  committee  is  wrong.  I 
beg  Senators  to  consider  how  much  it  will  embarrass  the  inter- 
course of  members  of  committees  if  the  proceedings  of  such  com- 
mittees shall  bo  liable  at  any  time  to  be  brought  into_ public  dis- 
cussion. I  merely  make  the  suggestion  to  the  Senator  from  Rhode 
Island,  without  meaning  to  make  any  objection  to  his  having  the 
paper  read. 

Mr.  CLARKE. — I  am  not  disposed  to  violate  the  courtesies  or 
the  rules  of  the  Senate.  My  only  object  is,  that  the  matter 
sheuld  stand  before  the  Senate  and  the  country  precisely  as  it  oc- 
curred. 

Mr.  FOOTE. — I  certainly  think  the  Senator  from  Rhode  Island 
has  a  perfect  right  to  make  such  explanation  as  he  may  think  pro- 
per, and  if  the  reading  of  the  paper  is  necessary,  in  justice  to  tha 
Senator,  it  should  be  read. 

Mr.  CLARKE. — I  thank  the  Senator  from  Mississippi  for  the 
kindness  of  his  remarks.  It  matters  but  little,  however,  whether 
the  paper  is  read  or  not.  I  will  state  what  occurred  when  the 
committee  was  called  together  for  the  last  time,  so  far  as  an  ex- 
planation is  proper. 

Mr.  BERRIEN. — I  hope  the  Senator  does  not  understand  m» 
as  making  an  objection. 

Mr.  CLARKE. — No,  sir  ;  but  a  suggestion  from  the  Senator 
from  Georgia  has  much  weight  with  me.  When  the  committee 
was  in  session  for  the  last  time,  and  the  bill,  as  matured,  was  pre- 
sented for  approval,  I  offered  an  amendment,  which  I  deemed  im- 
portant ;  which  amendment  was  rejected  by  the  committee.  I 
then  stated  that  I  would  not  dissent  from  the  report,  but  that  1 
held  myself  free  from  any  committal  in  regard  to  the  bill — free  to 
offer  any  amendment,  and  to  vote  upon  it  as  I  should  think  pro- 
per. That,  instructed  by  the  legislature  of  my  State,  and  knowing 
the  feelings  of  my  constituents,  which  did  not  differ  from  ray  own, 
I  could  not  give  it  my  support.  The  Senator  from  Kentucky  also 
dissented  from  the  provisions  of  the  bill,  and  made  the  same  expli- 
cit reservations  ;  and  it  was  to  that  Senator  and  to  myself  that 
the  chairman  [Mr.  Clayton]  referred,  when  he  said  that  one  of 
the  committee  from  the  South  and  one  from  the  North  dissented 
from  the  bill  as  reported.  I  supposed  these  dpolarations  had  been 
noted  by  ihe  secretary  of  the  committee.  Finding  it  had  not  been 
80  done,  on  the  same  day  I  drew  up  the  paper,  which  has  been  re- 
ferred to.  declaring  unequivocally  my  position,  and  the  reasons 
that  would  govern  my  course,  as  staled  to  the  committee,  and  as 
now  detailed  to  the  Senate.  Having  done  this,  I  considered  my 
position  undoubted,  and  my  right  as  a  Senator  unquesliuned  and 
unquestionable.  I  did  desire  that  ihe  paper  should  be  read,  as  its 
purport  is  plain  and  distinct — particularly  that  I  might  place  my- 
self here  and  elsewhere  in  a  true  position  as  to  ray  action  upon  so 
important  a  measure.  I  have  not  the  physical  strength  to  proceed 
further . 

Mr.  MILLER. — Mr.  President:  I  desire  briefly  to  express  my 
objections  to  the  bill  now  under  consideration.  It  provides  lor 
the  establishment  of  territorial  governn.ents  in  Oregon,  California, 
and  New  Mexico.  The  reasons  which  induced  the  committee  to 
unite  these  three  territories  in  one  law  have  not  been  given  to  the 
Senate.  And  why  Oregon  is  found  in  this  strange  connection,  I 
do  not  understand.  Her  history,  her  position,  the  character  of 
her  people,  and  their  claim  upon  us  for  government,  are  so  entire- 
ly different  and  disconnected  from  the  two  other  territories,  that  I 
cannot  comprehend  the  propriety  of  this  alliance. 

Oregon  IS  a  native  territory — her  people  are  our  people — ^wiili 
the  same  manners,  customs,  and  language.  She  had  claims  for 
territorial  government  long  before  these  foreign  provinces  were 
conquered  hy  our  aims.  C'alifornia  and  New  Mexico  became 
ours  on  the  4th  of  July.  Our  title  to  them  is  not  one  month  old. 
Many  of  the  people  inhaliiling  these  territories  do  not  know  at 
this  hour  that  thi'y  are  ciiizens  of  ihe  United  Stales.  The  cha- 
racter of  these  people,  and  their  feelings  and  disposition  towards 
this  government  are  unknown  to  us.  Wo  hi.vo  but  little  inlorma- 
tion  as  to  their  local  laws  or  customs,  and  of  the  nature  of  the 
noil  and  productions  of  the  country.  All  the  information  we  have 
is  that  we  have  acquired  so  many  thousand  'ijiiare  miles  of  terri- 
tory, and  that  this  territory  is  inhabited  by  mixed  races  of  men, 
ranging  from  the  pinud  Spaniard  down  to  the  unadulterated  negro; 
but  in  what  pioportioii  ihi'y  exist  there,  and  what  are  their  rela- 
tive rights,  we  arc  altoL'etlier  ignorant.  Now,  sir,  I  am  not  pro. 
pared,  nor  do  1  think  the  country  is  prepared,  to  say  what  kind  of 
political  connexion  wo  ought  to  form  with  these  strange  people. 
Are  we  now  prepared  to  say  that  the  government  proposed  in  this 


bill,  which  places  all  the  power, legislative,  judicial,  and  executive, 
in  the  hands  of  the  same  men — uniting  the  three  branches  of  gov- 
ernment in  one  body,  is  the  proper  form  of  government  to  train  up 
these  people  in  the  ways  of  our  republican  institutions? 

If  I  understand  this  bill,  it  authorizes  the  judges  and  governor, 
with  the  aid  of  the  secretary,  to  make  the  laws,  and  then  to  con- 
strue and  execute  them.  This  is  a  strange  form  of  government. 
It  is  neither  republican,  democratic,  nor  theocratic.  It  is  a  tri- 
ocracy — three  in  one.  Now,  although  I  am  ready  and  willing  to 
give  to  Oregon  a  proper  government,  I  am  not  prepared  to  legis- 
late for  Calil'ornia  and  New  Mexico.  And  one  objection  which  I 
have  to  this  bill  is  that  it  compels  me  to  legislate  for  all  or  none. 
Is  this  fair  and  just  towards  Oregon?  Why  should  her  fate  be 
united  with  that  of  these  Mexican  territories?  Why  should  the 
fieeborn  be  associ:ited  with  the  base-born?  Why  should  the  free 
territory  of  Oregon  be  joined  with  the  conquered  territory  of  New 
Mexico?  Should  the  native  citizens  of  Oregon  be  told  that  the 
laws  and  constitution  of  their  country  will  not  be  extended  over 
them,  unless  at  the  same  time  and  in  the  same  bill  they  be  also 
extended  over  the  piebald  races  of  subjugated  Mexico  ?  Is  this 
part  of  the  compromise  ?  Is  it  the  understanding  of  the  commit- 
tee that  the  claims  of  these  territories  upon  us  for  government  are 
so  equal  that  they  must  stand  or  fall  together?  If  so,  let  the 
friends  ol  Oregcm  look  to  it,  or  another  session  of  Congress  may 
pass,  and  Oregon  still  left  without  a  government.  I  did  suppose 
that  the  friends  of  Oregon  had  found  out,  by  this  time,  that  there 
was  some  danger  in  these  Mexican  connexions.  There  was,  I  be- 
lieve, a  sort  of  an  understanding  between  Texas  and  Oregon  that 
they  should  come  in  the  Union  together — one  as  slave  territory, 
and  the  other  as  free;  but  owing  to  some  inattention,  by  not  being 
put  in  the  same  bill,  Texas  got  in  first,  and  then  shut  too  the 
donr,  and  poor  Oregon  has  been  knocking  for  entrance  ever  since; 
and  even  now,  she  is  told  that  she  cannot  come  in  unless  she  brings 
with  her  two  other  Mexican  slave  territories. 

B»it  this  bill  is  presented  to  us  as  a  measure  of  compromise,  and 
in  that  point  of  view  I  desire  to  examine  it.  We  all  understand 
that  the  subject  of  compromise  is  slavery  in  the  territories  named- 
In  looking  into  the  bill,  I  find  that  the  subject  is  named  or  refer- 
red to  in  but  two  sections  of  the  act.  In  the  12th  section,  (which 
relates  to  Oregon.)  it  is  declared  that  the  e.xisting  laws  now  in 
force  in  that  territory,  under  the  authority  of  the  provisional  gov- 
ernment, established  by  the  people  thereof,  shall  continue  to  be 
valid  and  operative  therein  until  three  months  after  the  meeting 
of  the  first  territorial  legislature. 

One  of  the  laws  now  in  force  in  the  territory  is  known  to  be  a 
law  prohibiting  slavery  in  Oregon.  This  law,  then,  is  continued 
in  force  for  three  months  afier  the  meeting  of  the  first  legislature, 
and  then  it  will  be  abrogated  by  virtue  of  this  act  of  Congress. 
This  repeal  will  leave  Oregon  without  any  law  against  blavery. 
It  is  true,  there  is  nothing  in  our  bill  prohibitory  of  the  right  in  the 
territorial  legislature  to  pass  olher  laws  upon  the  subject  of  sla- 
very, and  they  may  do  so  subject  to  the  sanction  of  Congress;  but 
until  they  do  pass  such  new  laws,  there  will  be  no  law.  Congres- 
sional or  territorial,  against  the  admission  of  slavery  into  Oregon. 
The  26th  section  of  fhe  bill,  which  provides  for  the  legislative 
power  in  California,  expressly  prohibits  the  territorial  legislature- 
from  passing  any  law  ■'  respecting  slaves."  The  33d  section  con- 
tains the  same  provision  with  regard  to  New  Mexico.  Thus  by 
the  prohibitions  of  this  bill  New  Mexico  and  California  are  pro- 
hibited from  passing  any  laws  against  the  introduction  of  slavery 
into  those  territories.  Neither  is  there  any  reservation  in  the  bill 
that  Congress  may  hereafter  act  directly  upon  that  subject. 

These  provisions  in  the  bill  do,  in  my  opinion,  amount  to  an 
abandonment  of  the  power  of  Congress  over  the  subject  of  slavery 
in  Caiil'oniia  and  New  Mexiao.  We  say  in  ellect,  that  we  will 
nut  inicrfere  by  law,  although  we  have  ihe  power  to  ilo  so,  to  pro- 
hibit slavery,  but  let  it  go  there  and  sustain  itself,  if  it  can,  under 
the  consiituiion.  In  order  to  understand  what  it  is  that  consti- 
tutes the  compromise,  proposed  by  this  bill,  it  will  be  necessary  to 
look  at  the  matter  in  difference  between  us  at  the  lime  we  refer- 
red the  subject  in  dispute  to  the  committee.  The  iiuestion  that 
divided  the  Senate,  and  upon  which  we  spent  many  days  and  much 
eloquence,  was  this  :  whether  Congress  had  the  constitutional 
power  to  pndnbit  slavery  in  a  territory  of  Ihe  United  States? 

There  was  al.so  a  collateral  question,  whether,  if  we  had  the 
pnwer,  it  would  bo  expedient  to  exercise  it  in  the  case  before  us. 
Upnii  the  qtieslion  of  power,  I  entertained  no  doubt  then,  nor  now, 
and  I  am  well  satisfied  that  a  majority  of  this  Senate  were  of  the 
opinion  that  Congress  bail  lull  power  over  the  subject.  Congress 
had  licquently  excrciscil  the  power  in  the  territories,  both  North 
and  SiHilh,  and  the  Supreme  Court  had,  whenever  the  question 
was  raised,  sanctioned  tuir  laws.  Yet  the  Senate  tlupught  best  to 
raise  a  commiti  co  upun  this  point.  I  then  thought,  and  still  think, 
there  was  noihiiig  in  the  question  which  we  could  or  ought  to 
coinpromiso,  unless  we  were  prepared  to  yield  up  or  to  quahfy  a 
clear  constitutional  legislative  power. 

But,  sir,  the  committee  was  raised.  How  have  they  disposed 
of  this  question,  ihe  iiuestion  of  our  power  to  prohibit  slavery  in 
tlie  tcrriiuries?  The  chairman  of  the  committee  says  that  this 
bill  neither  allirnis  nor  denies  the  power  of  Congress  to  legislate 
upon  Ihe  subject,  but  leaves  the  question  to  be  decided  by  the  Su- 
preme Court.  If  this  bo  so,  we  are  just  where  we  started.  The 
committee  have  done  nothing  towards  settling  the  question  in  dis- 
pute, ihey  merely  refer  il  to  the  decision  of  another  tribunal.  But 
IS  the  bill  of  that  negative  character  represented  by  the  chairman. 
I  think  not.     Upon  looking   into  its  jirovisions,  I    find  that  it  does 


July  24.] 


THE  COMPROMISE  BILL. 


931 


exercise  the  power  of  Congress  npoii  the  subject  of  slavery.  It 
exercises  the  power  in  Oregon  by  abrogating  the  law  now  in 
force  there  against  slavery,  in  three  mom  lis  alter  llje  meeting  of 
the  first  territorial  legislature.  It  also  exercises  ilio  power  in 
New  Mexico  and  California,  by  declaring  ihat  no  laws  shall  bu 
passed  in  those  territories  "respecting  slavery;"  this  inhibition  of 
course  prohibits  all  laws  against  slavery.  Thus  this  bill  instead 
of  neither  affirming  or  denying  llic  power  of  Congress  over  the 
qiieslion  of  slavery  in  these  Icrritories,  does  assert  it  openly  and  effi- 
ciently, and  what  is  more  ohjcciionablc,  it  exercises  the  power 
all  in  one  direction,  and  that  is  in  favor  of  slavery.  All  laws  now 
in  force  in  Oregon  are  to  be  abrogated.  While  California  and 
New  Mexico  are  deprived  of  all  power  to  pass  faws  respecting 
slavery,  still  more,  if  this  bill  is  to  be  considered  as  a  compromise, 
Congiess  is  also  to  refrain  from  passing  any  law  prohibitory  of 
slavery  in  cither  of  those  territories,  for  it  cannot  hereafter  be  in- 
sisted upon  with  any  fairness,  that  after  agreeing  to  leave  slavery 
unrestricted  in  these  territories  that  Congress  may  hereafter  pass 
laws  to  prohibit  it  there. 

This  bill,  then,  in  my  opinion,  removes  all  restraint  npon  slavery 
in  the  territories.  There  will  be  no  law,  Congressional  or  territo- 
rial against  its  admission.  It.  is  left  to  stand  or  fall  upon  the  con- 
stitution, without  any  law  of  Congress  upon  the  subject.  This  I 
understand  to  be  the  compromise.  This  is  making  a  clean  field 
for  slavery  to  commence  operations  in.  There  is  no  visible  wall 
nor  hedge  to  shut  it  out,  and  if  it  does  not  take  possession  of  the 
field,  and  plant  itself  there  with  deep  root  and  wide  sprealing 
branches,  it  will  be  because  the  field  is  not  worth  the  cultivation. 
But  it  is  said  that  slavery  cannot  be  established  in  the  territory 
without  a  positive  law  to  sustain  it.  And  that  there  being  no  law 
in  the  territory  legalizing  it,  it  cannot  go  there. 

I  have  no  doubt  of  the  correctness  of  this  principle  of  law.  Wo 
all  admit  that  the  right  of  the  master  in  his  slave  depends  entirely 
upon  positive  law.  Yet  we  all  know  that  slavery  has  and  will 
make  its  way  into  countries  where  there  is  no  positive  law  prohib- 
iting it.  I  iloubt  whether  slavery  was  introduced  in  the  first  in- 
stance into  the  Atlantic  States — then  being  colonies — by  positive 
law.  It  came  in  at  first  by  stealth,  then  by  permission.  It  came 
in  because  there  was  no  law  to  iorbid  its  entrance;  once  in  it  soon 
made  friends,  and  created  an  iuterost  and  an  influence  too  power- 
ful to  be  discarded.  Then  came  a  demand  for  laws  to  protect  and 
regulate  it.  Slavery  is  here — hero  without  our  consent — imposed 
upon  us  by  England;  cast  npon  our  shores  by  Yankee  ships,  but 
being  here  it  must  now  be  protected  and  regulated.  Thus  said 
the  slave  States  at  the  lime  of  the  formation  of  the  constitution, 
and  thus  it  was  that  African  slavery  commencing  by  imposition  and 
without  law,  fastened  itself  upon  the  country  and  grew  up  until 
it  is  now  dignified  by  the  name  of  an  institution,  and  sanctioned  by 
the  constitution  itself  This  non-interference  policy  is  the  true 
policy  for  the  extension  of  slavery.  "Let  us  alone,"  says  the  hon- 
orable Senator  from  South  Carolina,  [Mr.  Calhoun,]  pass  no 
laws  against  slavery  in  the  territories,  is  all  that  the  South  asks  of 
the  North.  This  bill  concedes  to  the  South  all  that  they  ask  in 
that  particular.  Slaveiy  is,  as  far  as  Congress  is  concerned,  let 
alone,  and  being  Icl't  to  work  its  own  way  into  these  territories, 
it  will  continue  to  he  let  alone  until  it  finally  secures  itself  beneath 
the  protection  of  a  slave  State  constitution;  then  it  will  be  beyond 
our  control.  Again,  if  we  pass  no  prohibitory  law,  slavery  will 
go  there  under  some  color  of  right.  It  is  insisted  by  distin- 
guished Senators  from  the  South — gentlemen,  too,  in  whose  opin- 
ion upon  this  subject  tlie  people  of  the  South  will  have  great  con- 
fidence— that  tho  constitution  of  the  United  States  carries  slavery 
into  the  territories,  and  will  protect  it  there  provided  there  be  no 
law  to  interfere.  Now,  sir,  although  I  believe  that  there  is  no  such 
power  in  the  constitution,  yet  otners  as  sincerely  believe  that  the 
power  does  exist.  They  will  act  upon  their  opinion,  and  will  car- 
ry slaves  into  California  and  New  Mexico,  sincerely  believ- 
ing that  their  property  \\'ill  be  protected  by  the  constitution.  Un- 
der these  circumstances  that  constitutional  question  which  you 
reserve  for  settlement  by  this  bill,  will  become  more  of  a  practical 
than  a  legal  question.  Large  interests,  individual  and  social,  will 
be  involved.  Sectional  feelings  will  be  aroused.  The  peace  and 
safety  of  the  Union  will  be  threatened.  Under  these  ditficultics 
the  supreme  court  may  say  that  as  Congress  had  not  eX'  rciscd 
its  consiitutianal  power  to  prohibit  slavery  in  the  territory, 
and  did  by  way  of  compromise  agree  to  refrain  from  passing  any 
laws  "respecting  slaverv,"  and  slavery  being  now  in  the  territory 
to  a  large  amount,  we,  the  judges  of  the  Supreme  Court,  being  also 
divided  upon  thisconsiitutiimal  question,  will  also  compromise  the 
matter  by  letting  slavery  remain  until  Congress  shall  pass  a  law 
to  abolish  it. 

I  do  not  see  why  the  Supreme  Court  may  not  compromise  its 
constitutional  powers  as  well  as  the  Senate.  If  it  will  endanger 
the  Union  to  prohibit  slavery  in  a  territory  where  it  does  not  ex- 
ist, how  much  greater  the  danger  to  expel  it  after  it  has  taken 
root  there.  Again,  I  am  altogether  opposed  to  thro\ying  this 
question  upon  the  Supreme  Court.  I  consider  it  more  of  a  politi- 
cal than  a  judicial  question.  It  has  for  years  entered  into  the  ge- 
neral politics  of  the  country.  It  has  influenced  our  national  poli- 
cy, both  in  war  and  in  peace.  From  the  foundation  of  the  go- 
vernment to  this  hour  it  has  been  treated  as  a  legislative  question. 
Here  in  Congress,  where  the  States  and  the  people  are  all  rspre- 
sented,  this  vexed  question  has,  through  all  the  excitements  of 
former  times,  been  regulated  and  controlled.  To  send  this  ques- 
tion now  into  tho  Supreme  Court  for  final  adjustment,  will  be  to 
send  there  all  the  politics  of  the  cotiutry,  national  and  sectional. 


Presidential  elections,  Executive  judicial  appointments,  sectional 
interests.  State  rights  and  State  honor  will  all  follow  the  question 
into  your  courts  like  so  many  suitors  and  advocates. 

In  the  course  of  the  debate  this  slavery  question  has  frequently 
be<'n  called  a  firebrand,  the  incendiary's  torch,  thrown  into  these 
halls  to  destroy  our  free  institutions.  But  what  do  you  propose  to 
do  with  this  explosive  matter?  To  extinguish  it?  No,  sir,  you 
only  propose  to  smother  it  for  a  time,  to  wrap  it  up  in  this  law, 
and  then  send  it  down  to  ihe  chamber  below,  into  the  Supreme 
Court,  and  there,  among  the  deeper  foundations  of  our  political 
temple  to  let  it  explode.  I  prefer  to  keep  this  matter  above  ground, 
in  the  light  of  day,  before  the  American  people,  and  Ijerc  in  the 
legislative  department,  by  a  majority  of  the  representatives  of  tb» 
States  and  people  of  this  Union,  fairly  and  honestly  to  settle  ibe 
question.  This  will  be  after  the  example  of  the  fathers  of  the 
republic,  and  in  accordance  with  the  spirit  of  our  republican  insti- 
tuiions.  Let  that  majority  decide  the  question  cither  way,  and  I 
will  he  content.  Neither  do  I  believe  tiiat  a  decision  of  this  ques- 
tion either  way  by  Congress  will  endanger  the  Union.  The  peo- 
ple of  this  country  have  been  too  long  in  the  habit  of  submitting 
to  laws  passed  by  their  own  representatives,  to  resort  to  nullifica- 
tion now.  They  may  seek  to  alter  or  repeal  ihem  by  a  change 
of  their  representatives,  but  they  never  will  resort  to  disunion  in 
order  to  get  ridof  nn  act  of  Congress.  Who  believes  that  any  res- 
pectable portion  of  the  people  of  this  enlightened  country  can  be 
excited  to  revolution  upon  the  question,  whether  negro  slaves 
shall  or  shall  not  be  permitted  to  go  from  the  sunny  Souih  to 
starve  nr  freeze  to  death  on  the  mountains  or  in  the  valleys  of  Or- 
egon and  Calilcirnia?  This  alarm  about  the  safety  of  the  Union  is 
a  false  alarm,  and  I  trust  that  the  Senate  of  the  United  Stales 
will  not  bo  frightened  by  it,  out  of  its  constitutional  right  to  con- 
trol this  subiect.  But,  sir,  suppose  we  should  send  this  question 
into  the  Supreme  Court,  and  that  that  tribunal  should,  in  a  particu- 
lar case,  determine  the  constitutional  point,  would  tbeir  judg- 
ment finally  settle  the  matter,  or  even  quiet  future  agitation?  If 
I  could  believe  in  or  even  hope  that  this  exciting  question  eonld 
be  finally  settled  by  the  Supremo  Court  I  would  cheerfully  vote  for 
this  bill.  But  it  must  bo  remembered  that  a  decision  under  this 
bill  would  be  founded  simply  upon  the  constitutional  right  to  hold 
slaves  in  the  territory.  There  would  be  no  act  of  Congress  pro- 
hibiling  or  admitting  slavery  in  the  case  submitted,  and  therefore 
let  the  opinion  of  tiie  court  be  either  one  way  or  the  other  upon 
tho  constitution,  the  great  question  which  we  have  been  agitating 
here  for  months — the  question  as  to  the  power  of  Congress  to  pass 
laws  on  the  subject,  would  not  be  toncbed  by  the  decision  of  the 
court. 

That  question  will  then  come  back  to  us — it  will  return  with 
increased  urgency  and  necessity.  It  will  come  with  more  force  on 
account  of  the  decision  of  the  court  upon  the  constitutional  ques- 
tion; for  that  decision  may  bo  founded  upon  tho  fact  that  Con- 
gress not  only  neglected  to  pass  laws,  hut  agreed,  as  we  do  in  this 
compromise  law,  not  to  pass  any  upon  the  subject;  and  we  vtill 
then  be  told  that  slavery  is  admitted  or  rejected,  as  the  judgment 
of  the  court  may  be,  because  Congress  neglected  to  exercise  its 
constitutional  power  upon  the  question.  It  would  be  but  a  sad  re- 
sult of  this  reference  to  the  judiciary,  if  it  should  turn  out  after  all 
that  the  only  power  in  this  government  which  can  control  slavery 
m  the  territories  is  the  legislative  power.  But  again,  are  Sena- 
tors from  the  North  or  from  the  South  prepared  to  say  that  tho 
decision  of  the  Supreme  Court  will  be  acquiesced  in  by  both  sec- 
tions of  tho  Union  as  a  final  settlement  of  this  exciting  subject. 
I  have  heard  no  opinion  from  either  side  upon  this  point.  We  all 
know,  from  past  experience,  that  political  questions  of  this  cha- 
racter are  not  settled  by  one  or  two  opinions  of  the  court.  The 
Supreme  Court,  with  John  Marshall  at  Us  head,  solemnly  decided 
that  the  charter  of  the  bank  of  the  United  States  was  constitution- 
al; yet  General  Jackson,  and  the  parly  which  he  led,  held  other- 
wise; and  claiming  the  right  to  construe  the  constilution  as  they 
understood  it,  overruled  the  judgment  of  the  court,  and  substituted 
public  opinion  in  its  stead.  Such  1  fear  will  be  the  late  of  any 
opinion  of  the  court  which  may  be  obtained  under  this  law.  Pub- 
lic opinion  will  sustain  it  in  one  section  of  the  Union,  and  public 
opinion  will  condemn  it  in  the  other:  and  the  fight  will  go  on  until 
Congress  shall  settle  the  question  by  positive  law. 

Permit  me  also  to  call  the  attention  of  tne  Senate  to  what,  in 
my  opinion,  will  be  the  practical  operations  of  this  law  in  the  ter- 
ritory upon  the  respective  rights  of  master  and  slave.  Under  this 
system  of  non  interlerence  on  the  part  of  Congress,  and  by  virtue 
of  the  new  doctrine  that  the  constitution  protects  slavery  in  the 
territories,  slaves  will  go  there.  It  will  be  found  scattered  all 
over  the  country  wherever  slave  labor  may  be  profitably  empli.yed. 
It  will  soon  become,  in  favorable  locations,  a  dominatin"  interest 
exercising  a  controlling  influence — the  master  believing  that  he 
has  a  constitutional  right  to  this  kind  of  property,  while  the  slave, 
accustomed  from  his  birth  to  obey,  and  ignorant  of  the  privilege 
reserved  to  him  by  this  bill,  to  contest  the  right  of  his  master. — 
The  master's  rights  will  be  maintained  as  strictly  and  as 
rigorously  as  in  any  slave  State  in  tho  Union.  Under  circum- 
stances like  these  it  is  expected  that  the  slave,  either  by  himself 
or  by  his  next  friend,  will  avail  himself  of  this  law,  and  by  a  writ 
of  habeas  corpus,  or  by  an  action  for  false  imprisonment,  try  tho 
right  of  bis  master  to  hold  him  in  bondage.  lo  suppose  that  the 
slave  would  or  could  comiuence  these  proceedings  lor  himself,  is 
idle.  He  has  not  the  power  to  do  so,  even  if  he  Uad  the  knowledge 
of  his  rights.  He  will  be  found  on  some  plantation,  remote  from 
any  of  lEe  m«aus  of  redress.    He  cannot  take  the  first  step  to< 


932 


THE  COMPROMISE  BILL. 


[MoNDA  Y 


wards  freedom  without  the  consent  of  his  master.  His  person  un- 
der the  control  of  another,  witliout  means,  without  counsel,  and 
without  opportunity,  how  can  the  slave  commence  and  carry  on 
to  judicial  decision,  a  law-suit  against  his  master?  Nay  !  will  lie 
be  permitted  to  do  so,  when  that  decision  may  destroy  the  right  of 
every  master  in  the  territory  ?  But  suppose  a  slave,  impelled  by 
the  love  of  IVeedora,  should  escape  the  vigilance  of  his  master  and 
find  liis  way  to  one  of  our  judges  appointed  under  this  law,  and 
apply  to  him  for  a  writ  against  his  master.  It  is  probable  that 
the  iudge  to  whom  the  application  is  made,  will  be  himself  a 
slaveholder,  and  entertain  the  opinion  expressed  here  by  several 
southern  Senators,  that  the  constitution  of  the  United  States  car- 
ries and  protects  slavery  in  the  territory.  Will  the  judge  grant  the 
writ,  or  even  listen  to  the  appeal  of  a  slave  against  what  he  con- 
siders the  constLtutional  right  of  the  master?  But  suppose  the 
judge  be  willing  to  hear  the  case,  it  will  not  be  his  duty  to  issue 
the  writ.  This^  under  some  rules  of  practice  hereafter  to  be  made 
by  the  court,  must  be  done  by  an  attorney  or  clerk,  and  the  negro 
will  be  turred  over  to  them  for  his  writ;  and  whether  they  will 
undertake  the  case  or  not  may  depend  upon  the  state  of  public 
opinion  in  the  territory  at  the  time.  We  all  know  its  controlling 
influence  both  for  or  against  the  slave,  depends  upon  the  latitude 
in  which  he  may  be  found.  It  will  be  a  long  while  before  a  slave, 
in  New  Mexico,  will  be  able  to  settle,  in  his  own  person, 
the  great  constitutional  question  reierred  by  us  for  final  adjust- 
ment in  the  Supreme  Court  of  the  United  States.  But  it  is  said 
that  the  slave  will  be  aided  in  this  matter — that  be  will  have 
friends  at  the  North — that  the  Senator  fiom  New  Hampshire,  [Mr. 
Hale,]  will  interest  himself  in  the  matter — that  funds  will  be 
raised,  and  agents  sent  down  to  New  Mexico  to  institute  legal 
proceedings  in  behalf  of  the  slaves,  and  in  this  way  we  shall  soon 
have  the  question  settled. 

Now,  sir,  suppose  the  Senator  from  New  Hampshire,  or  any 
other  gentleman  equally  ardent  in  the  cause,  should  undertake  this 
mission  of  philanthropy,  what  would  be  the  course  of  proceeding 
and  what  the  result  ?  Ho  would  go,  I  trust,  in  the  spirit  of  law 
and  order — he  would  go  there  for  the  jturpose  of  instituting  legal 
proceedings  against  the  master,  for  the  purpose  of  testing  the  con- 
stitutionality of  slavery  in  the  territory.  When  he  gets  there,  ho 
will  proclaim  his  object.  He  tells  every  master  that  his  mission 
is  to  free  all  their  slaves — not  by  force,  hut  by  law,  to  be  adminis- 
tered through  the  courts,  and  then  asks  the  aid  of  local  judges, 
marshals,  attorneys,  and  witnesses  in  his  suit.  Now,  whether  he 
will  get  such  aid  or  not,  or  whether  he  will  be  permitted  even  to 
remain  there  himself,  will  depend  upon  the  amount  of  slave  inter, 
est  and  slave  influence  to  bo  destroyed  i.nd  encountered  by  his  mis- 
sion. We  have  one  or  two  examples  of  a  mission  of  this  kind, 
sent  from  a  free  State  to  try  in  a  slave  State  the  constitutional 
question  of  slavery. 

In  the  year  1820.  the  State  of  South  Carolina  passed  a  law  of  a 
highly  penal  character  against  free  colored  persons  being  tound 
on  board  of  any  vessel  arriving  at  a  port  in  that  State.  This 
law,  I  believe  went  so  far  as  to  doom  the  unfortunate  colored  sail- 
or to  be  sold  into  slavery. 

Under  this  law,  a  colored  seaman,  and  a  freeman  by  the  laws 
of  Massachusetts,  being  found  in  the  port  of  Charleston  on  board 
a  ship  belonging  to  citizens  of  Massachusetts,  was  seized  and  im- 
prisoned, and  was  dealt  with  according  to  the  provisions  of  this 
law. 

The  State  of  Massachusetts  complained  of  this  law.  She  be- 
lieved it  to  be  unconstitutional,  and  ibr  the  purpose  of  settling 
that  question,  she  sent  one  of  her  most  respectable  citizens, 
with  power  and  authority,  to  bring  a  suit  in  one  of  the  courts  of 
South  Carolina,  for  the  purpose  of  testing  the  constitutionality  of 
this  law.  What  was  the  result  of  this  message?  If  I  recollect 
rightly,  the  agent's  first  difiiculiy  was,  that  he  could  not  find  a 
lawyer  in  Charleston  wlio  would  bring  the  suit.  And  then  under- 
taking to  bring  it  himself,  he  lound  all  avenues  to  the  courts  shut 
against  him,  and  the  result  was,  that  instead  of  liberating  the  co- 
lored seaman  by  due  course  of  law,  he  found  himself  imprisoned 
by  a  mob,  and  from  which  he  only  escaped  with  life  and  limb  by 
being  Ibrcibly  carried  off  by  some  frienuly  citizens  of  Charles- 
ton. 

I  have  not  referred  to  this  case  by  way  of  censure  to  the  citi- 
zens of  Charleston.  I  have  no  doubt  they  acted  under  the  belief 
that  the  law  was  constitutional  and  necessary  to  their  peace  and 
safety.  My  sole  object  is  to  show  how  utterly  futile  it  is  to  rely 
upon  a  mission  sent  from  a  free  State  into  a  slave  community  to  settle 
tliiough  the  courts  of  the  latter  a  constitutional  question  affecting 
the  salely  or  the  legality  of  slave  property.  If  the  enliglitened 
and  law-abiding  citizens  of  the  city  of  Charleston  would  not  per- 
mit a  question  of  this  kind  even  to  be  beard  l)y  their  courts,  what 
may  we  expect  from  the  slave  owners  of  New  Mexico? 

Let  us  also  look  at  the  operation  of  this  law  upon  the  master. 
He,  as  I  have  already  said,  will  carry  his  slaves  into  the  territory 
under  the  ojiinion  that  liisiiroperty  will  be  protected  bv  the  consti- 
tionofthe  Llnilcd  States.  Honestly  entertaining  that  opinion, 
and  there  being  no  law  in  the  territory  against  slavery,  he  will 
feel  himself  authorized  to  resist  every  attempt  on  the  part  of  indi- 
viduals to  interfere  with  his  slaves.  At  the  same  time,  others 
who  are  opposed  to  slavery,  and  who  embrace  the  other  side  of 
the  question,  will  deny  his  right  to  hold  slaves  in  the  territory. 
They  will  tell  tho  slaves  that  they  are  I'ree,  and  may  entice  them 
to  leave  their  masters.  'I'iius  beset  and  harrassed  in  the  enjoy- 
ment of  what  ho  considers  his  jiroperty,  the  ilave  owner  will  re- 
sist this  iutorferenoe,  and  there  being  no  law  in  the  territory  "  re- 


specting slavei-y,"  he  will  make  law  for  himself,  and  riots  and 
lyneh-law  will  settle  the  question.  Now  do  southern  gentlemen 
desire  to  see  this  state  of  things,  are  they  willing  to  place  slave 
property,  the  most  timid  of  all  kind  of  property,  in  a  position  where 
it  may  be  constantly  interfered  with,  and  where  there  is  no  law  to 
regulate  the  relative  rights  of  master  and  slave?  My  opinion  is, 
that  this  no-law-poliey  will  not  be  satisfactory  either  to  the  South 
or  to  the  North.  The  South  will  complain  that  while  j'ou  permit 
slavery  to  fo  there,  5'ou  give  no  law  for  its  protection.  The  North 
will  complain  tliat  you  permit  it  to  go  there  at  all  when  you  have 
the  authority  to  prevent  it. 

The  interest  of  both  sections  of  the  Union  require  that,  before 
their  people  emigrate  to  these  territories  they  should  know  wheth- 
er they  are  to  be  slave  or  free  territories.  Do  not  send  them  there 
under  false  hopes,  some  with  the  opinion  that  slavery  is  to  be  pro- 
tected, and  others  that  it  is  to  be  abolished.  Do  not  send  slavery 
there  for  litigation,  do  not  permit  it  to  grow  and  .spread  itself 
there,  under  the  hope  that  you  may  herealter  be  able  to  root  it  out 
by  tlie  process  of  a  law  suit.  No,  sir,  let  us  meet  this  question 
now  openly  and  fairly,  and  declare  at  the  very  beginning  of  the 
these  territorial  governments,  whether  they  are  to  grow  up  into 
free  or  slave  States,  It  is  due  to  the  people  of  the  territories.  It 
is  due  to  our  citizens  who  may  desire  to  settle  there,  that  this 
question  be  settled  before  it  becomes  involved  with  the  rights  of 
private  property,  or  entangled  by  local  interests. 

It  was  upon  consideratum  of  this  character,  that  our  fathers 
enacted  in  advance,  the  great  ordinance  of  1787  for  the  future 
"overnmeiit  of  territories  and  States  which,  in  the  course  of  time 
might  arise  out  of  the  north-west  territory.  They  enacted  this 
law  while  that  country  was  yet  a  wilderness.  They  impressed  it 
upon  the  virgin  soil,  and  made  it  an  original  element  of  social  and 
political  existence.  They  did  not  wait  until  slavery  should  go 
there  and  then  eradicate  it.  They  did  inquire  whether  slavery 
could  exist  without  positive  law.  They  knew  that  the  country 
was  free  then,  and  tiiey  determined  to  keep  it  so  by  positive  law 
against  slavery,  and  who,  now,  can  look  upon  those  five  magnifi- 
cent States,  as  free  as  they  are  great,  which  have  grown  up  under 
the  influence  of  this  organic  law  of  freedom,  and  not  admire  the 
wisdom  of  that  forethought,  which  prompted  the  ordinance  of 
eighty-seven. 

The  Senator  from  Mississippi  [Mr,  Foote]  asks  me  whether  I 
am  in  favor  of  any  compromise  upon  this  subject.  I  will  answer 
the  Senator's  inquiry  with  pleasure,  I  am  not  in  favor  of  any  com- 
promise that  will  edmit  slavery  into  either  of  these  territories;  and 
I  will  now  proceed  to  state  my  reasons  for  this  position. 

Slavery  has  now  no  legal  existence  in  either  of  these  territories. 
It  is,  in  fact,  prohibited  in  them  all.  They  were  free  when  we  ac- 
quired our  title  to  them.  Oregon  is  free  by  nature  and  by  the  act 
of  its  inhabitants.  New  Mexico  and  California  are  free  by  the 
law  of  Mexico  abolishing  slavery.  Now,  if  I  agree  by  way  of 
compromise  to  admit  slavery  into  these  territories,  or  into  either  of 
them,  I  wotdd,  by  my  vote,  establish  slavery  in  a  country  where 
it  had  no  legal  existence  before.  This  responsibility  I  cannot  as- 
sume. In  taking  this  position  I  make  no  war  upon  the  institutions 
of  slavery  as  they  exist  by  law  in  the  slave  States.  1  interfere 
with  no  man's  rights,  private  or  political  ;  I  take  things  as  they 
are,  leaving  slavery  where  it  has  the  right  to  be,  and  prohibiting 
it  where  it  has  no  right  to  go.  Neither  can  I  perceive  that  there 
is  any  thing  unfair  towards  the  South  in  this.  The  North  has  here- 
tofore, on  all  occasions  where  the  territory  acquired  was,  at  the 
time  of  its  acquisition,  subject  to  slavery,  yielded  the  question  to 
the  South,  Louisiana,  Florida,  and  Texas  were  all  slave  territo- 
ries when  we  acquired  them.  We  of  tlie  North  did  not  insist  that 
you  should  abolish  slavery  there.  We  objected  to  the  annexation 
of  Texas  as  unconstitutional  and  impolitic,  but  we  did  not  insist, 
with  threats  of  disunion,  that  slavery  should  be  abolished  in  Texas 
as  a  condition  to  her  admission  into  the  Union, 

Since  the  acquisition  of  Texas  we  have  acquired  other  Mexican 
territories,  in  which  slavery  is  abolished.  Now,  all  we  ask  of  j-ou 
is,  to  extend  the  same  fair  rule  to  them  that  we  extended  to  Tex- 
as, They  are  free  now  ;  let  them  remain  so.  If  we  consent  that 
acquired  slave  territory  shall  remain  subject  to  slavery,  ought  not 
von  to  agree  that  acquired  free  territory  should  continue  Iree  ? — 
What  more  fair  and  equitable  compromise  than  that  can  you  ex- 
pect ?  To  demand  more  on  your  part,  would  be  asking  for  slave- 
ry a  double  advantage,  and  to  grant  more  on  our  part,  would  be 
to  surrender  the  rights  of  free  labor  in  all  tho  territories.  While 
we  of  tho  North  are  willing  to  maintain  the  existing  rights  of  sla- 
very, as  they  exist  in  the  States  or  in  the  territories,  we  cannot, 
we  will  not  aid  in  creating  for  that  institution  new  rights  and  new 
advantages.  Wo  cannot  consent  to  acquire  territory  in  order  to 
increase  tho  area  of  slavery.  We  will  not  conquer  free  countries 
and  then  subject  them  to  slave  institutions. 

There  is  another  reason  why  I  would  not  compromise  the  ques- 
tion upon  these  territories.  It  is  this  :  New  Mexico  and  Califor- 
nia were  acquired  by  war  ;  that  war  arose  out  of  the  annexation 
of  Texas  ;  and  Texas  was  annexed  for  the  avowed  purpose  of  ex- 
tending and  strengthening  slavery,  I  am  not  willing  to  crown 
this  unholy  purpose  with  a  double  success,  by  extending  slavery, 
not  only  into  Texas,  hut  also  over  New  Mexico  and  California,  I 
am  not  willing  that  the  triumph  of  our  arms  in  this  war  shall  be 
tho  solo  triumph  of  slavery.  There  are  also  other  Mexican  pro- 
vinces lying  south  of  New  Mexico.  They  are  well  adapted  to 
slave  labor  ;  they  would  make  several  slave  States  to  be  annexed 
to  our  Union,  and  if  we  now  admit  that  the  two  provinces  already 
contiuored  may  be  subjected  to  slavery,  we  shall  hold  out  an  induce- 


July  24-1 


THE  COMPROMISE  BILL. 


933 


ment  to  a  portion  of  our  people  for  the  subjiisation  of  all  tlie  others. 
I  am  not  inclined  to  compromise  any  difficulties  which  stand  in  the 
way  of  another  war  with  Mexico  ;  I  would  rather  increase  them. 
1  am  opposed  to  the  admission  of  slavery  into  these  territories 
for  another  reason.  I  believe  its  establishment  there  would  not 
only  be  unjust  to  their  present  free  inhabitants,  but  would  also  retard 
the  growth,  cripple  the  energies,  and  mar  the  future  prosperity  o  f 
the  people  and  of  the  States  which  are  destined  hereuCler  to  occu- 
py that  country.  In  forming  the  first  government  for  our  territo- 
ries, soon  to  be  States  on  the  Pacific,  we  should  look  at  the  coun- 
try upon  which  that  government  is  to  operate,  we  should  look  at 
its  climate,  its  soil,  its  relative  position  to,  and  its  future  influence 
upon  the  Union.  With  these  enlarged  views,  it  is  our  duty  as  well 
as  our  interest  to  give  to  this  school  of  infant  communities  such 
laws  and  institutions  as  will  best  train  them  up  into  great  and 
prosperous  States — States  where  labor  may  receive  its  best  re- 
ward, enterprize  achieve  its  richest  triumph,  and  liberty  enjoy  its 
surest  protei'tion.  We  are  not  engaged  in  making  a  government 
for  South  Carolina  or  Massachusetts,  but  for  Oregon.  We  are 
not  making  laws  for  the  regulation  and  protection  of  the  domestic 
institutions,  or  for  the  local  rights  of  property  in  the  several  States 
of  this  Union,  North  or  South.  No,  sir,  we  are  legislating  for  our 
far  di.stant  provinces  on  the  Pacific,  and  the  cpiestion  is  what  laws 
and  instilutions  will  best  promote  their  prosperity,  for  their  pros- 
perity will  best  secure  the  strength  and  glory  of  the  whole  repub- 
lic. I  deny  ihat  the  slave  States  are  alone  interested  in  the  intro- 
duction of  slavery  into  these  territories.  If  it  be  right  that  sla- 
very should  go  there?  If  slave  labor  will  be  profitable  there?  If 
the  prosperity  and  wealth  of  that  counlry  are  to  be  iiromoleJ  by 
it  ?  Then  considering  it  as  amere  question  of  political  euonomy, 
we  of  the  North  are  as  much  interested  in  sending  slavery  there 
as  you  of  the  South  ;  so  on  the  cimtrary,  if  slavery  will  be  a  hiii- 
deranee  to  the  gruwth  and  prosperity  of  these  territories,  you  ol 
the  South  are  as  much  interested  to  keep  it  out  as  we  of  the 
North,  unless  you  put  yourselves  upon  the  narrow  and  selfish 
ground,  that  you  have  the  article  to  sell,  and  wish  to  get  rid  of  it 
by  inflicting  it  upon  some  raw  and  inexperienced  territory. 

During  this  debate,  Senators  from  the  South  have  said  lhat  sla- 
very was  entailed  upon  the  southern  States  by  England,  intro- 
duced there  while  they  were  yet  colonies,  when  they  had  not  the 
power  to  resist  the  imposition.  They  even  charged  our  Yankee 
friends  with  aiding  and  abetting  the  cruel  mother  counlry  in  the 
perpetration  of  the  misery.  We  have  also  been  told  that  if  slave- 
ry bo  a  curse,  that  the  North  aided  in  iiillieting  that  curse  upon 
the  South.  Without  stopping  to  in(|uire  into  the  truth  of  this 
charge,  I  desire  to  call  the  attention  of  the  gentlemen  who  make 
this  charge  to  the  striking  similarity  between  the  position  of  our 
colonies  on  the  Pacific,  and  that  of  the  old  colonies  of  England  on 
the  Atlantic.  The  distance  of  each  from  the  mother  country  is 
about  the  same,  except  ours  have  the  advantage  in  the  inland 
means  of  communication.  Both  are  new  countries  about  to  be 
settled  by  freemen  and  improved  by  human  labor.  Both  about  to 
be  impressed  for  the  first  time  by  the  controlling  influences  of  law 
and  civil  institutions,  which  will  mould  the  character  and  fix  the 
destiny  of  people  and  States.  Now,  sir,  if  it  be  true  that  England 
committed  an  enormous  outrage  upon  the  risrhts  of  humanity, 
and  upon  the  best  interests  of  her  subjects  by  sending  slavery  into 
her  colonies,  how  can  we  excuse  ourselves  lor  following  her  per- 
nicious example,  by  sending  slavery  into  our  provinces  on  the  Pa- 
eifio?  England  may  plead  as  her  excuse  for  justificfilion,  she  has 
now  the  opinions  of  the  age  and  the  demands  for  labor  in  a  new 
country.  But  in  this  ninetennth  eenluiy,  full  of  light,  liberty,  and 
free  labor,  what  apology  can  we  olfer  to  Christendom  for  plant- 
ing slavery  upon  the  distant  shores  of  the  Pacific.  There  is  no 
Christian  miin  now  living  who  would  like  to  acknowledge  his  de- 
scent, faue  him  who  by  force  placed  the  first  African  slave  upon 
our  Atlantic  shore,  and  who  I  ask  is  willing  to  take  the  responsi- 
bility of  planting  the  first  seeds  of  slavery  in  the  free  soil  of  Ore- 
gon and  California  upon  the  Paeitie. 

The  proposition  to  establish  slavery  in  countries  conquered  by 
our  arms,  and  free  at  the  time  of  the  conquest  is  a  a  new 
and  startling  proposition.  This  is  far  beyond  and  above  the 
old  question  concerning  the  rights  of  slavery  as  they  existed 
when  our  constitution  was  formed,  or  as  they  now  exist  un- 
der State  institutions.  With  these  vested  rights,  I  have 
muther  the  power  nor  the  disposition  to  interfere.  I  would 
protect  them  where  thev  are  as  I  would  protect  any  other 
rights  secured  by  law  and  constitution.  But  this  new  Iran- 
cfise  which  is  now  claimed  for  slavery,  has  neither  law  nor  prac- 
tice to  support  it.  If  we  grant  this  privilege,  we  make  ourselves 
the  authors  of  slavery  in  these  conquered  provinces;  wo  give  to 
slavery  new  existence,  new  energy  and  a  new  country.  We  carry 
an  exotic  into  fresh  -soil  and  with  our  own  hands  plant  it  there, 
cause  it  to  grow  and  spread  until  its  dark  branches  shall  over- 
shadow the  land.  To  do  this  is  to  become  propagators  and  culti- 
vators of  slavery  in  foreign  lands,  and  only  to  be  limited  in  our  ope- 
rations by  the  extent  of  the  continent.  To  extend  slavery  by  eon- 
quest  of  free  soil  is  to  make  slavery  one  of  the  highest  objects  ol 
national  dominion,  and  the  chief  incitement  to  national  progress. 
It  is  to  place  slavery  above  liberty  by  seizing  upon  soil  in  posses- 
sion of  free  labor  and  converting  it  to  the  uses  of  slave  labor.  To 
grant  this  advantage  to  slavery  will  be  to  invest  it  with  a  progres- 
sive power,  never  before  acceded  to  it  by  any  nation,  heathen  or 
Christian. 

I  know  of  no  higher  political  responsibility  than  that  which  rests 
upon  legislators,  when  engaged  in  making  the  first  laws  for  a  new 


and  an  extensive  empire.  It  is,  if  I  may  use  the  expression,  a  work 
of  creation,  giving  form  and  character  where  they  never  existed 
before,  causing  the  spirit  of  law  and  order  to  move  over  the  solitudes 
of  nature,  and  converting  them  into  the  abode  of  social  and  polili 
cal  life.  In  performing  this  great  work  for  our  extensive  territo- 
ries in  the  far  West,  I  desire  to  give  them  such  a  government  as 
will  best  secure  to  their  citizens  life,  liberty,  and  property;  as 
will  best  encourage  and  reward  labor,  a^iricultural,  commercial, 
and  mechanical;  as  will  best  secure  domestic  tran(|uiliiy  to  them, 
and  national  strength  and  glory  to  the  Union.  To  secure  thesf 
great  results,  I  have,  after  much  deliberation,  come  to  the  con- 
clusion "that  there  should  be  neither  slavery  nor  involuntary  servi- 
tude in  the  said  territories,  otherwise  than  in  punishment  of  crimes 
whereof  the  parly  shall  have  been  duly  convicted." 

Mr.  PHELPS. — I  rise,  not  to  discuss  the  amendment  of  the  Se- 
nator from  New  Hampshire,  but  as  a  member  of  the  committee 
wlio  reported  the  bill,  I  feel  bound  to  vindicate  the  measure;  more 
especially  as  (if  I  am  to  judge  from  present  appearances)  1  shall 
be  almost  the  only  representative  of  lhat  section  of  the  North  from 
which  I  come,  in  favor  of  the  bill.  It  is  by  no  means  a  pleasant 
position.  It  was  as  a  matter  of  neeessily  in  the  first  instance  that 
I  consented  to  act  upon  the  committee,  and  to  my  enliic  regret  I 
have  discovered  that  the  result  of  our  deliberations  hail  met  with 
the  most  decided — the  most  vehement — I  am  strongly  tempted  to 
say — the  most  unreasonable  opposition,  from  the  northern  section 
of  the  Union.  This  subject  of  slavery,  so  much  discussed  here, 
has  indeed  excited  the  deepest  alarm  in  the  mind  of  every  man 
who  is  attached  to  the  Union.  Long  before  I  had  the  honor  of  a 
seat  here,  the  prediction  had  gone  forth,  that  if  the  Union  wore  to 
be  dissolved,  it  would  be  through  the  agency  of  this  agitating 
question.  No  relleeting  man  can  regard  it  with  other  sentiments 
than  those  of  alarm.  No  man  who  desires  the  perpetuity  of  ikis 
Union  can  avoid  the  strongest  anxiety  to  terminate  this  exciiement 
and,  if  possible,  to  settle  this  per|)lexing  and  dangerous  question 
forever. 

As  a  member  of  this  committee,  I  felt  that  I  had  a  duly  to  dis- 
charge to  the  whole  country.  I  was  not  placed  on  that  commit- 
tee tor  the  purpo.se  merely  of  representing  the  peculiar  sentiments 
of  the  people  of  my  own  State.  I  was  placed  there  to  discharee 
a  duty — an  imperious  dnty — which  I  owed  to  all  sections  of  tlie 
country.  I  was  placed  tbere  in  order  to  endeavor  to  bring  lo  an 
end  the  agitation  of  this  subject,  at  least  in  this  chamber.  Under 
these  circumstances,  I  concurred  in  the  bill  which  has  been  pre- 
sented to  the  Senate  as  a  proposition  of  peace.  And  it  is  now  my 
object  to  sustain,  if  I  can,  the  assertion  1  made  the  other  day,  that 
on  this  subject  I  thought  I  could  vindicate  my  course  to  the  coun- 
try at  large,  and  to  my  own  immediate  ccuisiituents. 

The  conferences  of  this  committee  resulted  in  a  manner  surpris- 
ing to  all.  It  has  been  said  that  extremes  met  here.  It  is  true. 
The  result  of  our  deliberations  brought  the  honorable  Senator  from 
South  Carolina  and  my  humble  self,  who  may  be  regarded  as  rep- 
resenting the  extremes  of  opinion,  into  concert.  If  lie  and  I  agree, 
surely  I  am  justified  in  asking  that  our  proposition  may  be  consid- 
er«d  and  discussed  in  all  quarters  in  the  spirit  of  conciliation.  But 
how  is  this  proposition  met  ?  To  my  surprise  and  my  regret,  the 
whole  catalogue  of  approbrious  epithets  has  been  exhausted  in 
the  attempt  to  heap  odium  upon  this  bill.  It  has  been  called  a 
'•  skulking,"  "  dodging,"  "shrinking,"  '■shullling,"  "cowardly" 
measure!  I  do  not  know  but  the  term  "dough-face"  has  been 
applied  to  each  of  its  supporters. 

Sir,  all  that  the  committee  ask  is  a  dispassionate  and  a  candid 
hearing.  If  the  bill  do  not  commend  itself  to  the  sound,  deliberate, 
and  impartial  judgment  of  the  Senate,  let  it  bo  condemned  ;  we 
must  submit.  But  I  am  not  disposed  to  see  the  bill  hunted  out  of 
the  Senate  like  a  wild  beast.  I  am  not  disposed  to  be  implicated 
in  the  cry  of  "  mad  dog,"  in  rclaiion  lo  the  subject.  The  com- 
mittee are  entitled  to  a  candid  and  rational  examination  of  their 
work. 

What  are  the  objections  urged  to  the  measure  ?  The  very  first 
proposition,  I  believe,  coming  from  my  honorable  friend  from  Con- 
necticut [Mr.  Baldwin]  is  founded  upon  the  technical  objection 
of  a  misjoinder — the  sidiject,  as  we  lawyers  all  know  of  special 
demurrer  ;  yes,  mere  special  demurrer.  I  reL'ret  very  much,  that 
in  the  case  of  a  measure  of  so  great  importance — involving  con- 
siderations of  such  magnitude,  atlecting  the  interests  of  the  whole 
country,  the  exisience  of  our  institutions  and  the  Union — that  we 
are  called  upon  in  the  outset  to  argue  it  on  the  nice  point  of  a  spe- 
cial demurrer.  My  friend  from  New  Jersey  also  [Mr.  Miller] 
complains  that  we  have  uniied  these  several  bills.  But,  sir.  is 
there  a  sinsle  provision  in  ibis  bill  relating  In  Oregon  thai  nfiplies 
to  either  of  the  other  lerriti. lies?  Is  there  a  provision  which  ex- 
tends lo  Caliliirnla  tliat  extends  to  any  other  territory  except  New 
Mexico  ?  Where,  then,  is  the  force  of  the  objection  that  the  com- 
mittee incorporated  in  one  bill  provisions  for  three  territories  t  I 
can  answer  the  objection  in  one  word.  Tho  committee  thought  it 
expedient,  in  order  to  bring  the  whole  subject  before  the  Senate,  and 
to  avoid  the  manilestation  of  mutual  distrust  by  a  controversy  as 
to  which  bill  should  be  acted  upon  first,  to  pin  together  those  bills, 
which  were  originally  separate,  and  if  any  gentleman  objects  to 
the  union,  he  can,  by  simply  taking  his  scissors,  in  one  moment 
remove  the  objection,  by  cutting  them  apart. 

Sir,  it  was  but  the  other  day  lhat  we  had  to  meet  the  objection 
lhat  a  distinction  was  made  'between  these  ferritories  ;  and  the 
question  was  asked  by  an  honorable  Senator,  "  how  does  it  hap- 
pen that  vou  have  distinguished  between  these  territories,  making 


934 


THE  COMPROMISE  BILL. 


[Monday, 


one  provision  for  Oregon  and  another  for  California?"  The  (jiies- 
tion  is  readily  answcied.  I  answer  it  for  myself  as  a  triember  of 
the  committee,  in  vindication  of  my  own  judgment  and  ray  own 
motives  as  a  northern  man,  hostile  to  the  institution  of  slavery, 
and  opposed  to  its  further  extension.  The  people  of  Oregon  have 
already  adopted  my  views  and  my  opinions,  in  the  absolute  exclu- 
sion of  slavery  from  that  territory.  Every  consideration  which 
bears  upon  the  subject  convinces  me  that  they  will  hold  of  the 
•aine  opinion.  There  will  be  no  inducement  to  carry  the  institu- 
tion there.  Their  condition,  soil,  climate,  productions,  and  pur- 
•uits  will  forbid  it,  while  tho  sentiments  and  preconceived  opinions 
of  the  people  who  will  emigrate  thither  will  be  hostile  to  it. 
With  New  Mexico  and  California  the  case  is  widely  dilfcrent. 
Those  territories  are  debatable  ground.  I,  for  one,  was  not  will- 
ing to  entrust  them  with  the  decision  of  this  grave  question  ;  and 
therefore  it  was  that  I  would  leave  the  matter  to  territorial  legis- 
lation in  one  case  and  not  in  the  other.  But  while  we  me  culled 
upon  on  the  one  side  to  answer  the  objection,  we  arc  met  on  the 
other  by  the  special  demurrer  of  the  .Senator  from  Connecticut 
upon  the  ground  that  we  have  united  in  one  biU  separate  and  inde- 
pendent provisions  for  each  territory  which  neither  control,  inter- 
fere with,  or  modify  each  other. 

Mr.  BALDWIN. — The  Senator  from  Vermont  does  not  seem  to 
apprehend  the  point  ol  the  objection  which  I  made  to  the  union  of 
those  bills.  The  objection  was  tiiken  and  insisted  on  the  ground 
that  the  people  of  Oregon  were  entitled  to  have  their  bill  consid- 
ered irrespective  of  any  objection  which  inight  result  from  any  un- 
willingness on  the  part  part  of  members  who  w'eie  favorable  1o 
the  bill  for  the  organization  of  the  territory  of  Oregon,  to  vote  for 
those  provisions  peculiar  to  New  Mexico  and  California.  I  de- 
»ired  the  bills  to  be  separate,  inasmuch  as  if  the  Senate  and  House 
of  Representatives  could  not  agree  upon  the  provisions  for  the  or- 
ganization of  all  these  territories,  all  would  be  deprived  of  govern- 
ment, Oregon  among  the  rest;  whereas,  it  standing  alone,  Ore- 
gon might  be  supplied  with  a  territorial  government. 

Mr.  PHELPS. — I  have  no  doubt  that  Oregon  is  content  to 
ttand  on  her  osvn  rights,  but  I  do  not  see  how  these  rights  are  af- 
fected by  having  the  bill  providing  for  her  territorial  government 
connected' with  another  measure  providing  for  the  government  of 
another  people.  It  would  bo  in  due  season  to  raise  this  objection 
when  it  is  ascertained  that  such  dillerenee  of  opinion  exists  in  the 
Senate  as  calls  for  the  division  of  the  measures. 

Bui  the  proposition  of  the  committee  has  encountered  objec- 
tions of  more  importance  than  those  relating  merely  to  technical 
forms.  The  details  of  tho  bill  have  been  misrepresented — grossly 
misrepresented.  It  has  been  described  to  the  country  as  an  odious 
measure  ;  and  I  must  be  permitted  to  say  that  it  would  seem, 
from  the  comments  bestowed  upon  the  bill  here,  that  gentlemen 
had  derived  their  ideas  of  it  rather  from  the  perusal  of  newspaper 
paragraphs  than  from  an  examination  of  the  bill  itself. 

My  purpose  in  addressing  the  Senate  is,  in  the  first  place,  to 
vindicate  myself  against  the  charges  involved  in  these  misrepre- 
scntalions;  and  secondly,  to  vindicate  the  bill  itself  before  tho 
Senate  and  the  country.  As  I  have  already  ijitimated,  the  most 
decided  opposition  to  the  measure  which  has  been  manifested  here, 
has  come  trom  my  own  section  of  the  country.  It  may  be  that  I 
stand  alone  in  its  vindication,  but  I  trust  to  be  enabled  to  stand 
upon  my  own  resources,  and  shall  trust  to  my  own  intelligence  for 
my  vindication.  It  is  well  known  that  I  represent  a  portion  of  these 
States  as  decidedly  hostile  to  the  institution  of  slavery  as  any  sec- 
tion of  the  Union.  Ullra,  I  may  indeed  call  the  people  of  that 
portion  of  the  country,  for  lliey  have  always  taken  the  most  decided 
and  strongest  ground  in  opposition  to  it.  I  have  had  occasion 
heretofore  to  give  expression  to  their  sentiments  and  my  own  upon 
that  subject  upon  this  floor.  Only  a  few  days  ago  I  expressed 
those  sentiments  in  a  manner,  as  I  believe,  not  at  all  misunder- 
stood. I  professed  my  decided  hostility  to  the  extension  ol  this  in- 
stitution to  any  portion  of  this  great  country  under  our  legislative 
control,  where  it  does  not  already  exist.  1  maintain  the  same  po- 
sition still,  and  standing  upon  that  position,  I  concurred  in  the  bill 
reported  by  this  committee.  I  will  add  that  I  will  defy  the 
world  with  all  the  ingenuity  that  can  be  brought  to  bear  on  the 
subject,  and  all  its  demagoguisms  to  show  that  I  have  abandoned 
one  panicle  of  the  principles  heretofore  maintained  by  me  on  ibis 
floor,  or  one  iota  of  the  constilutional  power  necessary  to  carry 
those  principles  out. 

I  am  not  about  to  enter  into  a  lengthened  argument  as  to  the 
ctfect  of  this  bill.  My  views  have  been  already  expressed  on  a 
former  occasion,  and  tht^y  have  been  reiterated  by  others  who 
agree  with  mc  upon  tho  leiral  principles  which  form  the  basis  of 
my  opinion  as  to  the  cllect  <d'the  bill.  At  ibo  same  tunc  it  is  in - 
cessary  Ijrielly  to  advert  to  them  in  order  to  show  their  application 
to  tho  measure  beloie  us.  In  doing  this,  I  beg  gentlemen  to  un- 
derstand that  my  remarks  are  intended  to  meet  northern  objec- 
tions. My  viiulication  is  to  be  addressed  to  that  quarter  in  which 
the  charges  have  besn  made,  and  if  in  vindicating  myself  it  should 
jia|  pen  that  I  do  not,  ctnnmend  the  bill  to  the  iavorahio  considera- 
tion of  southern  gentlcnien,  I  have  only  to  say,  that  understanding 
my  purpose,  they  must  judge  for  themselves  of  the  force  of  what 
I  say,  and  of  the  propriety  of  sustaining  a  measure  which  I  fear 
my  arguments  will  not  commend  iniicb  to  their  favor. 

What,  then,  are  the  provisions  of  the  bill  (  What,  let  rae  a.sk 
in  the  first  place,  is  the  c'ondilion  of  tbt.tse  provinces  ?  That  in- 
quiry has  been  answcretl  by  documents  read  at  llie  clerk's  table  this 
morning.    These  territories  come  to  us  wilU  an  absolute,  express 


abolition  of  this  whole  system  of  Afritan  slavery.  It  was  exter- 
minated there  totally,  absolutely,  and  forever.  Such  was  the 
condition  of  things  there  when  they  came  under  our  dominion,  and 
such,  as  I  maintain,  is  their  condition  still.  We  have  all  suppos- 
ed, until  we  learned  to  the  contrary  from  the  Senator  from  New 
Jersey  this  morning,  that  by  the  law  of  nations — the  law  of  tho 
civilized  world — the  law  of  equity,  and  humanity,  and  of  common 
justice,  the  municipal  regulations  of  a  con(|uercd  or  ceded  territo- 
ry, so  far  as  they  are  connected  with  private  rights  and  the  rights 
oi'  property,  remain  in  I'orce  until  changed  by  the  legislation  of 
the  conquering  power.  It  requires  no  argument  to  establish  that 
proposition.  The  question,  indeed,  becomes  this:  Does  the  ces- 
sion of  a  territory,  (or  its  conquest  if  you  please  to  use  the  term,) 
disorganize  and  destroy  the  whole  social  system  ?  Does  it  abro- 
gate all  civilized  association,  and  is  every  individual  of  such  a  ter- 
ritory upon  occasion  of  its  cession,  growing  out  of  conquest  or 
otherwise,  turned  out  of  the  pale  of  civilization?  Does  all  secu- 
rity for  life,  or  liberty,  or  properly  cease  '<  Is  the  title  to  all  pro- 
perly vacated  ?  Is  crime  legalized,  if  such  an  exjiression  can  be 
used,  where  there  is  no  law  ?  And  can  every  crime  known  to  the 
category  of  human  depravity  be  perpetrated  without  the  power 
to  ]>revent  or  the  power  to  punish  ?  if  not — if  society  can  hold 
together  under  a  cession,  it  follows  that  the  ligaments  which  hold 
it  together,  remain  in  force  until  they  are  destroyed  by  a  superior 
power. 

Mr  MILLER. — I  hold  that  they  do  until  altered  by  the  con- 
quering power;  and  thai  when  you  establish  a  government  there, 
you  abrogate  the  previously  existing  laws,  which  are  inconsistent 
with  the  laws  which  you  establish. 

Mr.  PHELPS. — Unquestionably.  I  will  not  differ  with  the  ho- 
norable Senator  on  that  point.  So  far  as  the  laws  of  the  conquer- 
or, which  are  extended  to  the  province,  come  in  conflict  with  pre- 
viously existing  laws,  the  latter  are  abrogated.  There  is  no  doubt 
Ol  that.  But  the  ijeneral  principle  is  what  I  contend  for,  and  I 
am  very  happy  to  lind  that  the  Senator  from  New  Jersey  concurs 
with  us  on  that  point.  We  have  had  several  arguments  on  that 
subject.  I  had  myself  the  honor  of  addressing  the  Senate  on  that 
very  point,  and  I  believe  I  was  fully  susiained  by  the  honorable 
Senator  from  Connecticut,  [Mr.  Baldwin]  who  preceded  me— 
the  honorable  Senator  from  Massachusetts,  [Mr.  Davis]  not  now 
present,  and  the  Senators  from  Maryland  [Mr.  Johnson]  and 
New  York  [Mr.  Dix,]  and  from  Maine  [Mr.  Hamlin.]  .Indeed, 
I  believe  with  respect  to  this  principle  thus  advanced,  ihere  is  not, 
after  the  explanaiion  of  my  friend  who  sits  behind  me,  [Mr.  Mil- 
ler] a  ditlerence  of  opinion  an}'  where.  If  these  laws,  then,  are 
to  be  retained,  what  is  the  result?  Heie  is  an  express  law  pro- 
hibiting the  institution  of  slavery,  and  if  it  is  to  remain  in  force 
undisturbed  by  us,  I  ask  honorable  Senators,  where  do  they  lind 
the  door  open  for  the  introduction  of  slavery  ?  I  have  not  stopped 
to  cite  authorities.  I  believed  it  to  be  unnecessary.  Authority 
enough  can  be  cited.  The  most  emphatic  declarations  of  the  Su- 
[ircme  Court  of  the  United  States  serve  to  settle  ibis  point. — 
This  position,  that  the  law  of  the  ceded  or  conquered  territory  re- 
mains in  'orcc  until  altered  by  the  conquering  or  succeeding  power 
is  now,  I  believe,  ihe  received  and  acknowledged  law  of  the  civil- 
ized world,  and  is  questioned  by  no  competent  lawyer. 

The  next  principle  upon  which  I  rely  is  equally  well  settled, 
and  is,  I  believe,  controverted  by  nobody — that  a  slave  taken  from 
a  community  in  which  the  inslitution  is  recognized,  into  a  commu- 
nity where  it  does  not  exist  becomes  by  the  transition,  free. 

Mr.  BALDWIN. — The  Senator  from  Georgia,  I  understand, 
to  deny  the  position. 

Mr.  PHELPS. — I  did  not  so  understand  the  Senator  from  Geor- 
gia. Hs  says  that  tho  constitution  of  the  United  States  places 
this  upon  a  different  footing.  That  position  I  shall  advert  to  pre- 
sently. 

Well  thus  far,  I  believe,  there  has  been  a  concurrence  on  both 
sides  of  the  chamber.  If  I  desired  a  judicial  concurrence,  I  have 
only  to  go  lo  Louisiana,  the  very  centre  of  the  slave  population, 
where  I  find  decisions  going  as  far  as  any  to  sustain  me  on  this 
point.  The  people  of  Louisiana,  deeply  interested  as  they  are 
in  this  species  of  proiierty,  with  every  indncement  on  earth  to  bias 
their  judgment,  through  their  judicial  tribunals  concede  this  doc- 
trine. 1  think,  then,  that  I  am  relieved  from  the  necessity  of  all 
argument  on  this  subject.  Now,  alter  having  advanced  this  ar- 
gument to  the  Senate,  and  found  myself  sustained  fully  and  abso- 
lutely by  gentlemen  on  all  sidns  around  me, I  am  somewhat  surpriscti 
when  I  am  told  that  this  hill  carries  the  institution  of  slavery  into 
these  territories,  and  puts  an  eternal  prohibition  upon  its  exclusion 
tliere.  Upon  wliul  pilii'-lple  is  sneh  an  assertion  ncidt;  ?  I  listened 
to  the  arguments  of  the  Senators  from  Ne.v  Hampshire  and  Maine 
and  found  thai  they  concurred  with  mo  fully,  as  they  travelled 
over  the  roatl  along  which  1  had  journeyed,  but  found  to  my  utter 
astonishment,  that  when  thev  had  come  to  the  conclusion  of  the 
whole  matter  they  had, unaccountably  to  iTi(!,sliot  off  in  an  iinexjieet- 
cd  direction,  flow  do  these  gentlemen  make  out  that  this  bill  carries 
slavery  into  these  territories  ?  Is  that  the  legitimate  result  of  the 
doctrines  which  I  have  slated  ?  How  do  gentlemen  prove  that,  in 
carrying  out  these  doctrines  to  their  legitimate  conclusion,  I  have 
ab  .iidoned  my  former  professions,  and  subjected  myself  to  the 
charge  of  having  concurred  in  "  a  dodging,  skulking,  evasive  bill, 
with  a  covvardly  visage  ?'' 

Sir,  if  1  were  to  give  a  definition  of  a  coward  in  relation  to  this 
matter,  I  should  Uelineit  to  be  one  who  abandons  his  principles  for 


JcLY  24  .J 


THE  COMPROMISE  BILL. 


935 


fear  of  popular  clamor  :  I  should  define  it  to  be  one  who  de- 
parts from  his  own  convietiuns,  lest  some  body  who  does  under- 
stand the  subject,  or  who  does  not  choose  to  understand  it,  n]if;ht 
raise  a  cry  ol  disapprobation  in  some  (piarlcr  :  I  shonlil  deline  it 
to  be  one  who  avails  himself  of  the  exciienieiit  upon  this  subiect, 
and  through  its  aid  secures  election  to  olfico.  Tlic  man  wlio  acts 
the  part  of  a  pohrieal  weatlier-cock,  by  indicating'  the  sli^'liiest 
whiffle  in  the  poliiical  wind,  trembles  at  the  least  indication  of 
popular  excitement,  and  is  paralyzed  by  an  opinion  which  floats  to 
him  upon  the  atmospliere  of  some  bar-room  discussion. 

I  know  not  what  other  men  may  think  on  the  subject,  but  in  the 
discharge  of  my  duty  here,  if  I  thought  1  could  depart  one  iota 
from  the  doctrines  which  I  have  advanced,  with  a  view  to  clfect  a 
decision  at  the  ballot  box,  my  own  constituents  would,  in  their  de- 
liberate judgment,  administer  a  rebuke  never  to  be  forgotten. 
I  know  them  too  well  to  imagine  that  they  will  ever  find  fault  wiih 
a  strict  adherence  to  duty  on  this  or  any  other  subject  upon  the 
part  of  their  representatives.  I  have  no  hesitaiion  in  trusting  my 
repuiation,  my  standing,  and  my  political  existence,  to  the  delibe- 
rate judgment  of  that  people.  But  I  never  will  jeopardize  their 
integrity  or  my  own,  by  yielding  to  a  momentary  impulse  which 
may  mislead  them  as  it  has  misled  others. 

To  return  to  the  course  of  argument  which  I  was  pursuing. 
What  are  the  provisions  of  this  bill  in  relation  to  Oregon?  The 
people  inhabiting  that  territory  from  ihe  necessity  of  the  case,  have 
adopted  what  they  call  provisional  laws;  they  are  subject  to  our 
control.  For  the  present  we  give  validity  to  these  laws  by  our  ap- 
probation. Now,  these  laws  exclude  the  institution  of  slavery  en- 
tirely from  that  territory.  But  it  is  said  that  we  have  provided 
for  a  legislative  power  which  may  alter  them  w-ith  our  consent. 
How  could  we  do  otherwise  ?  But  here  a  plea  in  abatement  is 
put  in.  It  is  said  that  wc  have  provided  that  the  laws  shall  re- 
main in  force  for  three  months  after  the  commencement  of  the  first 
session  of  that  territorial  legislature.  Suppose  they  choose  to  con- 
tinue those  laws  in  force;  they  may  re-enact  them.  But,  say  the 
gentlemen,  you  should  have  provided  that  the  law  should  remain 
in  force  unless  repealed.  What  dilference  does  it  make?  If  we 
suppose  the  legislature  of  that  territory  competent  to  re-enact 
those  laws,  why  they  are  comjietent  to  repeal  them,  and  e  converse; 
if  competent  to  repeal,  they  are  competent  to  re-enact;  and  I  dT 
not  know  that  the  dilference  is  very  important  between  providing 
"Be  it  enacted,  ihat  a  certam  law  jjassed  so  and  so,  shall  remain 
in  force  until  the  future  action  of  the  legisture,"  and  jiroviding 
"Be  it  enacted  that  such  a  law  shall  be  in  force  no  longer,  unless 
it  shall  be  the  pleasure  of  the  legislature  to  continue  it."  I  think 
the  power  to  do  one  tiling  is  competent  to  do  the  other.  It  is  the 
most  immaterial  thing  in  the  world,  in  my  judgment,  and  before  I 
would  hazaril  the  peace  of  the  country,  antl  jeopardize  these  bills 
on  a  distinction  like  that,  throwing  these  territories  out  of  the  pro- 
tection of  law,  I  can  only  say  that  X  woidd  select  to  stultify  myself 
in  some  other  manner. 

But  there  is  another  view  of  the  subject  more  worthy,  in  my 
judgment,  of  the  consideration  of  the  Senate.  I  approve  of  this 
provision,  because  I  know  the  people  of  Oregon  to  be  of  my  way 
of  thinking.  Having  expressed  their  views,  and  believing  without 
doubt  or  hesitation  that  such  w^ould  continue  to  be  the  views  of 
that  people,  I  was  willing  to  say  to  them,  go  on  and  exclude  this  in- 
stitution, as  I  would  if  1  were  among  yon.  I  suppose  this  conces- 
sion to  a  people  whose  opinions  have  already  been  expressed  on 
this  subject,  and  whose  adherenee  to  them  hereafter  cannot  bo 
doubted,  is  to  regarded  as  ''dudging  and  skulking"  this  question. 
JN'o  man  Irum  the  South  has  the  least  expectation  tluit  slavery  will 
ever  get  into  Oregon.  Every  consideration  forbids  it.  Now, 
whether  the  terrriturial  gcpvernment  continue  the  law  in  force,  ac- 
cording to  the  plan  of  this  bill  by  re-enactment,  or  we  leave  it  as 
the  bill  stood  when  printed,  in  force  until  repealed — in  either  event 
the  matter  is  subject  to  our  control,  for  they  can  do  neither  the 
one  thing  nor  the  other  without  our  consent.  And  I  take  the  li- 
berty to  add,  without  anything  of  the  kind  having  been  expressed 
to  me,  that  if  the  people  of  Oregon,  at  the  Kieeiing  of  their  legis- 
lature should  perpetuate  this  law,  southern  gentlemen  would  not 
withhold  their  acquiescence.  Tliey  would  make  no  cpicstion  about 
it.  We  had  no  controversy  about  Oregon  in  the  committee.  It 
was  conceded  as  free  territory.  We  were  all  of  one  mind,  and  it 
would  be  extremely  unfortunate  if  this  criticism  of  the  bill  should 
destroy  a  measure  upon  which,  in  that  committee,  composed  of  the 
ultraisms  on  this  subject,  all  were  so  well  agreed.  I  care  noth- 
ing about  this  restriction  of  three  months,  ami  for  the  reason  which 
I  have  mentioned.  If  they  choose  to  perpetuate  the  law,  I  give 
them  my  sanction.  There  is  no  ground  to  apprehend  that  there 
will  be  any  controversy  about  it. 

The  question  now  arises  with  respect  to  the  other  territories. 
New  iVIexico  and  California.  Why  do  we  put  them  upon  a  difler- 
ent  footing  ?  The  answer  is  easy.  We  thought  that  the  people 
of  Oregon  could  be  entrusted  with  the  elective  franchise.  But  wo 
were  not  justified  in  extending  that  degree    of  confidence  to  the 

?opulation  of  New  Mexico  and  California.  In  this  point  of  view, 
believe  that  the  Senate  will  concur  with  me.  An  elective  gov- 
ernment in  Orgon  is  nothing  more  nor  less  than  the  exercise  of 
the  elective  franchise  by  on.  own  people,  brought  up  and  instructed 
under  our  institutions.  The  exercise  of  that  franchise  by  the  mon- 
grel population  of  New  Mexico  and  California  would  be  as  bro.ad 
a  farce  as  could  be  enacted.  Hence  we  made  the  diirereuce.  The 
question  then  was,  how  wo  could  organize  a  government  for  these 
territories  without  involving  ourselves  in  this  question  of  slavery. 
After  having  rejected  the  idea  of  an  elective  legislature  there,  it 


was  proposed  to  organize  a  government  on  what  is  called  the 
primitive  plan — consisting  of  a  governor  and  judges,  appointed  by 
the  President  of  the  United  States.  As  a  northern  man,  1  objected 
to  that  proposition  without  a  restriction  upon  the  introduction  of 
slavery.  1  was  not  in  favor  of  removing  this  great  (piesiion  from 
the  hands  and  control  of  the  Senate.  I  was  not  dispo.-,cd  to  send 
the  power  adrift,  to  seek  lodgings  in  some  tenement  about  this 
city.  I  was  not  disposed  to  sulfcrit  to  take  refuge  with  these  ap- 
pointees of  the  President.  What  was  the  result  of  my  objection  1 
A  prohibition  was  included  in  the  bill  restraining  these  temporary 
governments  from  enacting  laws  on  this  subject  of  slavery,  and 
now,  to  my  utter  astonishment, -I  am  told  that  I  have  concurred 
ill  a  measure  which  perpetuates  slavery  in  those  countries.  How 
so  ?  Why,  says  the  honorable  Senator  from  Maine,  you  have  pro- 
hibited these  men  from  excluding  it.  I  suppose  we  all  agieed  that 
it  is  not  there  now,  and  that  it  could  not  be  brought  there  without 
legislation,  and  in  the  simplicity  of  my  heart  and  the  simplicity  of 
my  intellect,  I  supposed  that  if  a  local  regulation  were  already 
made  which  loibade  the  institution,  and  that  regulation  were  left 
in  lorce,  the  institution  would  be  cllectually  exeluiled.  My  idea 
of  the  matter  is  simply  this :  that  the  institution  being  already  ex- 
cluded, if  you  forbade  any  change  of  the  law,  it  really  was  exclu- 
ded iorcver. 

This  is  one  of  the  objections  going  the  rounds  of  the  newspa. 
pers,  and  on  account  of  which  the  committee  is  threatened  with 
"  burning  in  cfligy."  We  of  New  England  have  been  accused  of 
not  only  selling  our  constituents,  but  ourselves  to  perpetual  dis- 
grace, and  all  because  we  happened  to  believe  in  the  old  Yankee 
maxim  of  letting  well  enough  alone. 

What  more  do  gentlemen  require  than  is  given  in  this  bill  ?  I 
claim  that,  judging  by  their  own  platform,  no  fault  can  be  found 
with  it.  If  they  demand  an  express  prohibition  of  slavery,  bee 
is  a  local  law  now  existing  there,  prohibiting  the  institution — a 
law  which  we  recognize  and  alfirm.  Why  add  another  law? 
Could  you  in  that  way  make  the  prohibition  any  stronger  t  It 
would  be  a  work  of  supererogation.  The  committee  might  have 
decided  upon  the  Wilmot  proviso;  and  if  we  had  succeeded  in  in- 
troducing it  into  this  bill,  does  any  man  suppose  that  we  would 
have  thereby  changed  the  opinion  or  vote  of  any  man  upon  this 
floor?     No,  sir;  tlic  Wilmot  proviso  cannot  be  carried  here. 

If  I  arn  right  in  these  views,  (and  southern  gentlemen  can  judge 
whether  I  am  or  not — they  are  aware  I  am  addressing  myself  to 
objectors  who  agree  with  me  in  the  general  principles  I  advance,) 
I  ask  why  should  I  have  entered  into  an  idle  contest  about  a  punc- 
tilio ?  For,  with  these  views,  the  Wilmot  proviso  is  nothing  but  a 
imnctilio.     Its  object  is  cH'ectcd  by  other  means. 

I  pass  now  to  the  judicial  power  of  the  bill.  And  here,  sir,  per- 
mit me  to  advert  to  another  objection  which  has  gone  abroad  in 
regard  to  this  bill  equally  unfounded.  It  has  been  said  that  this 
bill  refers  the  matter  to  the  Supremo  Court,  and  that  we  have  en- 
ileavored  to  escape  responsibility  by  throwing  our  duty  iiponthcra. 
No  greater  mistake  can  be  made.  The  bill  refers  nothing  to  that 
court  which  falls  within  the  constitutional  power  of  Congress,  nor 
any  thing  which  docs  not  belong  to  them  independently  of  our  ac- 
tion. Tins  subject  presents  itself  in  two  aspects.  First,  as  a  legisla- 
tive question.  Congress  possessing  thcexclusive  power  of  legislation 
over  these  territories,  the  question  is  first  presented  to  us  as  one 
of  legislation  merely.  What  law  should  be  passed  on  this  subject 
of  slavery  ?  Shall  it  be  admitted  or  prohibited  ?  These  questions 
must  be  settled  by  us  in  our  discretion.  Tliey  cannot  be  referred 
t'l  the  Supreme  Court.  The  bill  does  not  proless  to  do  so.  But, 
as  1  have  endeavored  to  prove,  we  have  settled  this  matter,  so  far 
as  out  legislation  can  settle  it,  against  the  introduction  of  slavery. 
First,  in  regard  to  Oregon  by  continuing  their  laws  in  force  for 
the  present,  and  leaving  the  matter  to  their  legislation  in  future, 
with  a  negative  i;pon  their  action  in  Congress,  which  will  prevent 
the  introduction  of  slavery  without  our  assent.  It  is  agreed  on 
all  hands  that  slavery  cannot  exist  without  a  positive  law  allow- 
ing it.  Should  they  be  disposed  to  enact  such  a  law,  which  no 
one  supposes  will  ever  be  the  case,  we  have  a  control  over  it. 

Secondly,  in  regard  to  New  Mexico  and  California,  by  leaving 
their  present  law  excluding  slavery  in  force,  and  prohibiting  the 
territorial  legislature  from  changing  it.  This  is  all  which  can  be 
done.  To  add  a  prohibition  of  our  own  would  add  nothing,  be- 
cause, firi-t,  we  already  sanction  the  exclusion;  and  secondly,  if 
we  did,  a  subsequent  Congress  might  repeal  it.  We  have  done 
all  which  we  can  do. 

In  the  positions  on  which  these  results  are  founded,  all  gentle- 
men on  both  siiles  agree  with  me.     I  will  repeat  them: 

1.  Slavery  exists  only  by  force  of  positive  law  in  its  favor. 

2.  There  is  now  no  iav/  in  those  provinces  allowing  it,  but  it 
has  been  expressly  abolished  there. 

3.  The  law  of  those  provinces  remains  in  force  until  changed 
by  the  legislation  of  the  United  States. 

4.  The  bill  prohibits  the  territorial  legislature  from  chanL'ing  it, 

5.  1  may  add  that  if  Congress  enact  now  an  express  prohibition, 
it  adds  nothing  to  the  existing  prohibition,  and  might  bo  repealed 
by  any  subsequent  Congress. 

What  more,  then,  can  be  done  in  the  way  of  legislation  than 
this  bill  proposes?  I  have  said  that  I  believe  all  agree  in  these 
positions.  I  believe  neither  the  Senator  from  Georgia,  [Mr.  Bbr- 
RiEN.l  nor  the  Senator  from  South  Carolina,  [Mr.  Calhoun,] 
deny  them.  What,  then,  do  those  gentlemen  insist  upon,  and 
what  is  the  judicial  question  which  is  alluded  to  ?  I  understand 
those  gentlemen  to  insist  that  the  constitution  guarantees  to  the 
people  of  the  slave  States  their   property  in  slaves;  and  that  by 


936 


THE  COMPROMISE  BILL, 


[Monday, 


force  of  the  constitution,  they  are  equally  protected  in  that  pro- 
perty in  the  territories  if  they  choose  to  migrate  there  with  it. 
This  question  is  purely  a  judicial  question.  If  such  bo  the  true 
intjrpretation  and  meaning  and  etfect  of  the  constitution,  how 
caii  anv  act  of  Congress  change  it  ?  Can  we  repeal  the  con- 
sricution  ?  And  if  a  question  arises  as  to  the  consiriiciion  of  that 
in.tnuucnt,  docs  it  not  belong  to  the  -Supreine  Court  to  delermine 
it  ?  How  then  can  it  be  said  that  wcreler  to  that  tribunal  a  ques- 
liin  which  belongs  to  it  by  the  constitution,  and  which  we  cannot 
tike  from  them  if  we  would  ? 

What,  then,  iloes  this  hill  provide  in  relation  to  the  judicial 
power  of  the  territories  ?  That  power  must  be  given  to  tliem,  fur 
every  gentleman  will  perceive  that  restrictions  upon  the  judicial 
power  in  relation  to  this  subject  would  render  the  arrangement 
nugatory  and  good  for  nothing.  If  this  question  arises,  it  must  be 
acted  U|ion  judicially,  and  a  lestriction  upon  the  judiciary  of  tlio 
territory  would  render  the  whole  inoperative.  But  I  was  no  more 
willing  to  trust  the  judicial  power  than  I  was  to  trust  the  legislative 
power,  most  especially  as  it   was   composed  of  the  same  persons. 

The  question  then  arose,  what  shall  be  done?  And  here  let  me 
Inquire  what  is  the  question  that  is  to  go  to  the  judiciar)?  It  is 
ihe  question  arising  under  the  constitution,  for  that  is  the  claim  of 
southern  gentlemen.  All  that  was  necessary,  then,  was  to  provide 
for  an  appeal  which  would  bring  this  subject  directly  before  the  Su- 
preme Court  as  the  constitutional  expounders  of  that  instrument. 
Is  there  any  skulking  or  dodging  here?  If  I  were  at  liberty  to  de- 
tail what  took  place  in  committee,  I  believe,  that  for  one.  1  should 
be  exonerated  from  the  chaige  of  dodging  in  reference  to  this  matter. 
But  1  say  here,  as  1  said  there,  il  tliere  bo  a  constitutional  cjucs- 
tion  in  the  case,  I  am  willing  to  leave  its  decision  to  the  constitu- 
tional autliorities.  I  cannot  repudiate  them.  Shall  we  distrust 
the  co-ordinate  department  of  the  government?  I  may  distrust  the 
President.  He  was  not  elected  by  my  vote;  but  while  he  is  in 
oHicc  as  a  co-ordinate  department  of  the  government,  he  is  entitled 
to  my  confidence  as  a  legislator,  so  far  as  the  constitution  submits 
any  matter  to  his  constitutional  control.  How  is  it  with  the  Su- 
preme Court?  Shall  I  distrust  them?  Shall  I  refuse  to  submit  the 
matter  to  their  decision?  I  belong  to  a  class  of  politicians  who 
have  uniformly  asserted  the  supremacy  of  that  court,  and  I  must 
confess  that  1  have  been  greatly  surprised  to  find  whigs  of  the 
Worth  disowning  or  distrusting  its  constitutional  authority.  I  have 
yet  to  learn  either  from  political  friends  or  political  opponents, 
that  that  court  has  in  any  degree  forfeited  the  confidence  of  the 
country.  In  the  integrity  and  capacity  of  that  court  I  have  equal 
confidence.  Who  doubts  the  integrity  or  the  learning  of  the  dis- 
tinguished chief  justice?  And  who  is  ]irepared  to  say  that  that 
court  has  become  so  degenerate,  and  is  filled  with  such  unworthy 
men,  that  it  is  not  to  be  trusted  with  the  power  conferred  upon  it 
by  the  constitution?  I  can  preach  no  such  heresy,  and  I  am  per- 
fectly willing  to  leave  this  as  a  constitutional  (piestion  to  that 
court.  If  the  court  decide  against  me,  I  will  submit.  II'  we  can- 
not trust  the  power  there,  where,  in  heaven's  name,  shall  we  re- 
pose it?  To  what  earthly  tribunal  will  gentlemen  reler  the  question? 
I  might  take  it  home  to  a  whig  caucus  in  the  State  of  A'erraont, 
but  their  decision  would  hardly  bind  the  people  of  the  South.  We 
may  decide  it  here,  but  to  what  would  our  decision  amount?  My 
friend  from  New  Jersey  seems  to  think  that  the  country  would  ac- 
quiesce in  the  decision  of  Congress,  though  not  in  the  decision  of 
llie  Supreme  Court.  Does  experience  sustain  the  Senator  in  that 
view?  Did  the  peo|ile  acquiesce  in  the  decision  ujion  Ihe  tarifi'of  M2? 
Did  not  the  people,  instead  of  acqniesi'ing,  lake  tho  libt-rty  of 
changing  their  legislators  and  abolish  that  tai  ifi?  1  hope  my  I'riend 
from  Wcw  Jersey  does  not  consider  us  estopped  from  tinding  fault 
with  that  last  legislation. 

There  is  one  point  upon  which  I  forbear  any  remark,  except  to 
say  that  if  there  be  any  question  as  to  the  practicability  under  this 
bill  ol  carrying  the  sutiject  to  the  Supremo  Court,  let  the  bill  be 
amended.  I  have  been  informed  that  some  gentleman  with 
the  view  of  elu:.-ing  this  whole  controversy  on  this  point,  will  pre- 
pare ail  amendment  removing  this  objection.  It  is  not  necessary 
then  to  argue  that  point.  But  the  bill  has  been  most  grossly  mis- 
represented. We  are  told  that  we  propose  to  abandon  our  legis- 
lative contrul  over  the  subject — to  call  on  some  other  department  of 
the  government  to  act  for  us,  and  take  the  responsibility  from  our 
shoulders.  What  portion  of  the  bill  justifies  that  charge?  Whero 
will  gentlemen  find  the  proposition  to  commit  this  subject  as  a  le- 
gislative question  to  the  judges  of  the  Supreme  Court?  I  should  be 
loath  to  believe  that  any  Senator  upon  this  door  could  imagine  that 
such  would  be  the  etl'eet  of  this  bill.  What  do  you  propose  to  re- 
fer to  the  supreme  court?  Nothing  as  a  matter  of  reference.  We 
simply  leave  that  court  to  exercise  its  constitutional  funclions  of 
determining  ibis  constitutional  question.  We  leave  the  jiowcr  in 
their  iiands  just  where  the  constitution  placed  it,  and  we  do  so  be- 
cause we  are  not  competent  to  withdraw  it.  Does  not  the  bill 
place  the  subject  where  no  legislation  but  that  of  Congress  can 
bear  on  it,  and  provide  lor  the  decision  of  any  constitutiiuial  ques. 
tion  which  may  lie  beyond  legislation,  by  the  very  authority  ap- 
pointed by  tho  constitution  itself  for  that  purpose? 

Sir,  what  would  gentlemen  have?  Will  llicy  go  for  tho  Wilmot 
proviso?  Will  they  go  lor  the  ordinance  of  '87?  Suppose  we  enact 
them  in  this  bill.  And  suppose  the  court  should  decide  after  all,  that 
there  was  a  constitutional  guarantee  as  insisted  on  by  my  friends 
from  the  South  in  relation  to  tins  sjiecies  of  jiroperty,  and  that  our 
provision  is  unconstitutional.  Suppose  further,  that  wc  extend  the 
ordinance  of 'S7  over  these  territories,  and  that  tho  moment  they  be- 
coQie  States  ihey  repoal  it,  and  the  quesliuii  goes  to  tho  Supreme 


Court  whether  our  ordinance  was  binding  upon  that  people.  How 
is  my  friend  from  New  Jersey  in  that  case,  to  withdraw  the  .subject 
fromthe  Supremo  Court?  Will  ho  call  upon  them  to  relinquish  that 
power?  Does  not  every  gentleman  see  that  wo  have  left  the  sub- 
ject where  we  must  leave  it,  and  that  ther  eis  no  "evasion"  here? 

Mr.  MILLER.— The  Senator  has  misunderstood  my  argument. 
This  bill  will  present  the  ease  to  the  Supreme  Court  wiihoiit  being 
accompanied  by  an  act  of  Congress.  I  do  not  deny  the  right  of 
ihe  Supreme  Court  to  decide  upon  the  legislation  of  Congress;  but 
if  the  bill  be  accompanied  by  an  act  of  Congress,  the  Supreme 
Court  may,  in  its  decision,  say  that  according  to  the  constitution 
there  being  no  act  of  Congress  inhibiting  slavery,  slavery  may  be 
established  in  the  territories,  but  if  Congress  acted  on  the  subject, 
having  power  to  do  so,  slavery  must  be  prohibited. 

Mr.  PHELPS. — I  was  aware  that  the  Senator  made  that  dis- 
tinction. But  snppose  both  he  and  I  are  right,  that  this  act  of 
Congress  virtually  leaves  in  force  the  law  of  Mexico,  is  not  that  a 
legislative  act,  on  the  part  of  Congress,  on  the  subject  ?  If  the 
question  comes  before  the  Supreme  Court,  they  are  informed  that 
when  these  territories  came  into  the  Union  they  came  in  with  such 
laws,  and  that  Congress  left  them  in  force.  Will  not  the  court 
regard  the  act  of  Congress  as  a  legislative  determination  on  the 
the  matter  ;  and  how  can  the  gentlemen  distinguish  between  our 
action  negatively  and  our  action  positively  ?  Suppose  a  bill  intro- 
duced here  to  prohibit  slavery  in  these  territories,  would  the  ac- 
tion of  Congress  add  any  dillerent  constitutional  phase  to  the 
question  ?  The  Senator  Irom  Maine  told  us  that  every  school-hoy 
in  the  country  knows  that  the  Supreme  Court  cannot  settle  a  po- 
litical question.  Sir,  call  it  a  political  question  or  what  you  please, 
have  I  not  shown  that  the  legislative  power  is  exhausted  in  pro- 
viding that  the  local  law  shall  not  be  repealed  ;  and  il  the  consti- 
tution overrides  that  legislation  and  abrogates  that  law,  how  can 
we  remedy  the  mischief  ?  What  power  is  there  in  this  country 
that  can  decide  the  question  of  the  constitutionality  of  an  act  of 
Congress  unless  it  be  the  Supreme  Court  ?  No  other.  The  only 
alternative  is  to  repudiate  the  authority  of  that  tribunal.  But  in 
that  case  we  must  deny  the  authority  of  the  instrument  itself  if  we 
deny  the  power  delegated  by  it. 

But  it  is  asked  by  other  Senators  why  we  did  not  settle  this  ques- 
tion ?  My  friend  from  New  Jersey  has  told  us  this  morning  that  the 
committee  was  raised  to  settle  thisdifficult  constitutional  question.  I 
beg  leave  to  say  that  if  I  had  supposed  that  I  was  placed  on  that  com- 
mittee with  that  view,  I  would  never  have  troubled  the  committee 
with  my  presence.  What,  sir !  a  committee  of  the  Senate  raised  to 
decide  a  mere  judicial  question,  and  one  upon  which  tho  opinion  of 
every  member  was  doubtless  deliberately  formed.  The  committee 
was  raised  for  the  purpose  of  relieving  the  Senate  from  the  embarrass- 
ment in  which  it  bad  been  placed.  But  to  my  northern  friends  who  ask 
this  question,  I  say  that  we  have  decided  it  as  a  legislative  ques- 
tion, involving  the  expediency  of  introducing  this  institution  into 
those  territories,  in  exact  conformity  to  their  principles  and  mine. 
If,  then,  they  believe  with  me  in  the  result  to  which  I  come,  why 
ask  me  why  we  did  not  settle  this  question  ?  I  think  we  have  set- 
tled it  for  the  time  being,  so  far  as  legislation  can  settle  it.  But 
wo  cannot  tie  the  hands  of  another  Congress  or  bind  the  supreme 
judicial  tribunal.  How,  then,  can  it  be  objected  to  the  bill  that  it 
settles  nothing  ? 

Other  objections  have  been  urged  ;  and  in  the  course  of  a  very 
eloquent  s|ieech  by  the  Senator  from  Maine,  we  were  told  that 
tills  cuiiipromisc  is  all  on  one  side.  1  do  not  know  but  the  Sena- 
tor is  right.  I  take  the  liberty  of  reminding  the  Senator,  however, 
that  if  it  be  all  on  one  side,  he  or  I  are  the  last  men  that  ought  to 
complain  of  it.  If  it  meet  the  approbation  of  our  southern  friends, 
I,  for  one,  have  two  much  sense  to  say  that  I  have  made  too  good 
a  bargain — this  is  an  objection  not  often  heard  in  our  part  of 
the  country.  But  the  Senator  from  Connecticut  asked,  where  is 
the  compromise?  The  compromise  consists  in  this:  The  peojile  of 
tho  South  concede  to  us  that  we  may  let  the  territorial  law  stand  as 
it  is,  and  wo  concede  to  them  that  if  they  have  any  constitutional 
rights  afl'ected  by  the  action  of  this  body  they  riiay  appeal  to  tho 
constitutional  tribunals  for  the  ascertainment  of  those  rights  ;  in 
short,  they  yield  to  us  tho  matter  of  legislation,  and  concede  that 
we  may  enact  such  laws  as  we  think  exclude  slavery  from  these 
territories,  reserving  to  themselves  (what  we  cannot  deprive  them 
of)  the  right  to  test,  before  the  constilutional  tribunal,  the  consti- 
tutionalitv  of  those  laws. 

Another  objection  to  the  bill  is  that  the  law  will  not  be  carried 
out — that  slavery  will  be  introduced  in  despite  of  law,  that  tho 
quest  ion  of  freedom  could  not  bo  brought  belore  the  judicial  tri- 
bunals as  the  slave  would  be  ignorant  of  his  rights  and  also  una- 
ble to  enforce  tiiem. 

To  these  objections  my  answer  is  a  very  short  one.  If  the  law 
is  not  to  be  regarded  of  what  consequence  is  it  what  that  law  is.? 
Wil  tho  Wilmot  proviso  or  the  ordinance  of  '87  bo  any  better  if 
they  arc  not  regarded  ?  Will  the  slave  be  any  better  informed  or 
bettor  able  to  enl'orce  his  rights  under  one  form  of  law 
which  gives  him  frocdora  than  another  ?  What  kind  of  law  will 
gentlemen  enact  if  they  assume  before  hand  that  their  laws  will 
not  be  enforced  ? 

Sir,  if  the  honorable  Senator  from  Maine  thinks  as  I  do,  that  the 
institution  is  now  excluded,  surely  he  will  not  complain  that  tho 
subject  is  left  where  it  is.  Does  he  wish  to  change  the  state  of 
tilings  of  which  he  approves  ?  If  it  stands  on  a  belter  fooling  than 
wc  can  put  it  upon,  by  an  unsuccessful  attempt  at  the  Wilmot 
Proviso,  then  by  all  means  let  it  remain.     But  almost  in  the  same 


July  24.] 


THE  COMPROMISE  BILL. 


937 


breath  in  which  ihe  Senator  charges  us  with  doing  nothing,  he 
charges  us  with  declaring  that  slavery  shall  not  bo  prohibited,  be- 
cause we  do  not  suB'er  the  territorial  legishituro  to  act.  It'  this 
were  original  with  the  Senator  I  should  think  it  enlitled  to  more 
consideration,  but  it  comes  from  various  quarters.  Wo  are  ad- 
monished by  the  gentlemen  of  the  press  of  our  monstrous  derelic- 
tion of  duty,  while  none  of  them  can  (;ive  you  an  accurate  account 
of  the  provisions  and  eflect  of  the  bill.  Sir,  we  have  had  a  great 
deal  of  declamation  upon  the  subject.  Gentlemen  do  not  seem  able, 
although  the  bill  is  open  to  their  inspection,  to  point  out  its  defects, 
or  to  show  us  how  it  tolerates  slavery.  An  important  argument 
as  to  the  eflect  of  the  bill,  an  argument  which  goes  to  explain  its 
local  import  and  etl'ect,  is  aenominated  sophistry.  The  very  gen- 
tlemen who  bestowed  the  epithet  upon  it  have  repeated  my  argu- 
ment word  for  word,  and  if  there  be  sophistry  then  the  p.iternily 
lies  with  them.  They  have  agreed  with  me  almost  entirely,  and 
yet  there  is  something  in  the  bill  which  their  astuteness  has  not 
enabled  them  to  discover,  but  which  reipiires  sophistry  to  conceal. 
Now,  sir,  I  put  the  question,  where  have  we  dodged,  or  endeavor- 
ed to  shulile  oft"  the  question.  Suppose  we  had  recommended  to 
the  Senate  not  to  act  upon  it  either  way,  but  to  defer  it  to  a  more 
favorable  opportunity,  it  might  have  been  said  that  there  was  a 
shuffling  off  of  the  question  ?  But  I  ask  where  is  the  shuffling, 
where  is  'he  skulking  in  relation  to  it  ?  I  believe  I  am  about  the 
last  man  to  bo  ciiarged  with  skulking,  for  judging  from  present 
appearances,  I  am  standing  alone  among  my  wiiigs  of  the  North 
ill  my  viiidicalion  of  this  measure,  and  am  pcrliaps  rendering  ray- 
self  obno.\ious  to  all  the  whig  party  in  the  North.  Sir,  Tknow 
the  agitation  of  the  question  that  is  going  on,  I  know  how  a  man 
may  become  obnoxious  to  public  feeling  under  the  excited  sensi- 
bility of  that  feeling.  Sir,  I  know  the  opprobious  epithets  that 
may  be  applied,  I  may  be  hung  or  burnt  in  effigy,  but,  sir,  having 
formed  my  opinion  of  the  proprieiy  of  the  measure,  and  of  the  ex- 
pediency of  adopling  it,  it  is  my  duty  to  stand  here  and  vindicate 
those  opini(ms,  let  the  opinions  or  feelings  of  my  friends  at  the 
North  be  what  they  may.  I  do  not  "skulk,"  and  I  tell  gentlemen 
that  although  the  arts  of  the  demagogue  are  to  be  put  in  opera- 
tion, I  shall  never  shrink  from  the  vindication  of  my  own  honest 
convictions  here  or  elsewhere. 

But  what  could  the  committee  do  ?  Here  is  a  very  important 
question,  the  most  troublesome,  dangerous,  alarming  question 
that  has  arisen  since  the  government  was  cstablisheil;  a  question 
more  dilHcult  of  adjustment,  pregnant  with  greater  danger  to  our 
institutions,  with  greater  danger  to  the  harmony  and  prosperity  of 
this  country,  than  any  question  which  has  herelofore  arisen,  or  is 
likely  hereafter  to  arise.  Sir.  the  cominitiee  have  proposed  the 
only  measure  which  their  ingenuity  could  devise,  and  if  I  heir  pro- 
position is  not  satisfactorv,  let  me  ask  gentlemen  who  ol»ject  to  it, 
what  it  is  that  they  would  propose  ?  it  is  an  easy  matter  to  tind 
fault.  Nothing  was  ever  done  right  in  tlio  estimation  of  all.  The 
■world  itself,  and  man  its  inhabitant,  were  made  wrong  in  the  opin- 
ion of  some  modern  philanthropisis.  but  it  is  well  for  us  they  have 
not  the  power  of  making  it  over  again.  But  let  me  conjure  ccnllo- 
men  who  lind  fault,  to  inform  us  what  proposition  they  would  pre- 
sent. Let  them  tell  us  what  is  to  be  done.  If  this  measure  is 
not  palatable  to  them,  what  do  they  propose  ?  Sir.  we  have  the 
Missouri  compromise,  will  these  gentlemen  go  for  it?  Will  the 
Senators  either  of  them  go  for  it?  Will  the  Senator  from  New 
Jersey  go  for  it  ?  They  answer  no.  If  they  will  not  sustain  it, 
will  they  censure  the  committee  for  not  recommending  what  they 
condemn?  Will  they  censure  me  for  not  proposing  a  compro- 
mise against  which  both  they  and  I  are  committed  ? 

Weli,  what  else  is  there  ?  The  Wilmot  proviso..  These  gen- 
tlemen will  go  for  that.  So  will  I.  I  am  not  behind  them  on 
that  subject.  But  will  a  majoiity  of  the  Si'nato  do  so  ? 
I  knew,  and  every  member  of  the  committee  knew,  that  if 
we  met  this  question  upon  the  ground  of  the  Wilmot  pro- 
viso, we  would  be  voted  down,  and  it  was  not  my  disposition  to 
present  the  question  to  the  Senate  in  such  a  form  that  it  could  not 
fail  to  be  decided  against  rae.  It  is  not  my  purpose,  in  carrying 
out  the  principles  and  views  of  my  constituents,  to  make  up  an  is- 
sue in  my  case,  which  I  know  must  be  decided  against  me.  I  may 
be  permitted,  I  hope,  to  borrow  something  from  my  personal  expe- 
rience. If  I  were  about  to  present  a  case  before  a  juugo  whose 
capacity  I  distrusted,  or  a  jury  in  whom  I  had  no  contidence,  I 
should  feel  at  liberty  to  save  my  case  if  I  could  by  moving  for  a 
continuance,  or  by  changing  the  mere  form  of  the  issue.  Know- 
ing that  the  Senate  could  not  be  brought  to  carry  out  my  purpose 
in  that  form,  I  felt  at  liberty  to  attain  my  object  in  another  way, 
and  at  the  same  time  to  obtain  an  arrangement  altogether  more 
satisfactory  to  the  advocates  of  freedom  than  an  unfaviu"able  deci- 
sion upon  the  Wilmit  proviso.  The  proposition  of  the  committee 
is  the  only  one  which  has  been  presented  which  affords  the  slight- 
est chance  of  an  adjustment  of  this  matter,  even  for  the  present. 
I  should  be  gratified  if  any  gentleman  of  the  Senate  could  propose 
anything  more  satisfactory.  The  purpose  of  the  committee  was, 
to  extricate  Congress  from  the  difficulty  in  which  we  were  placed 
in  regard  to  this  subject.  I  am  well  aware  of  the  effect  its  agi- 
tation is  likely  to  have  throughout  the  country.  It  is  a  very  con- 
venient electioneering  topic.  My  own  sentiments  are  known,  I 
am  hostile  to  the  institution  of  slavery,  but  I  trust  that  my  hostil- 
ity is  to  be  regulated  by  national  and  constitutional  views  ;  but  my 
sentiinents  shall  not  bo  degraded  by  being  Ujiplicd  to  this  wretch- 
ed business  of  deraagogueism  or  popular  excitement.  I  caution 
gentlemen  on  this  subject.  Gunpowder  is  a  very  good  thing  to 
fight  with,  but  it  is  dangerous  to  explode  too  much  of  it  at  ouce. 

30th  Cong.— 1st  Session— No.  118. 


Popular  excitement  is  not  a  matter  to  ba  trifled  with  in  this  coun- 
try, or  in  any  other.  All  experience  shows  us  the  danger  of  tam- 
pering with  popular  feeling.  There  is  not  a  page  in  history  from 
the  creation  to  the  present  day,  more  pre";nant  with  warning  thaa 
the  page  that  is  now  being  enacted.  Tnere  is  inquietude,  rest- 
lessness, desire  for  change  pervadin"  every  portion  of  the  world. 
We  have  seen  the  wheels  of  revolution  revolving  in  Europe,  and 
can  any  one  tell  when  those  wheels  will  slop,  or  who  is  the  last 
victim  that  shall  be  crushed  beneath  them?  It  is  but  a  fewr  days 
ago  that  we  were  congratulating  a  people  upon  ihoir  succc^s  thus 
far  in  the  course  of  revolution.  An  individual  who  had  spent  his 
life  over  his  books,  unknown  to  the  political  world,  sjirung  into 
political  existence  in  a  moment  as  the  presiding  officer  of  the  pro- 
visional government  of  one  of  the  most  powcrfur^nd  most  rest- 
less people  in  the  world  ;  and,  sir.  our  congratulations  had  hardly 
reached  him  before  the  revolutionary  wheel  which  bore  him  trium- 
phantly to  the  top,  threw  him  from  his  high  position  into  compar- 
ative insignificance  and  obscurity.  Where  will  this  movement, 
now  proceeding  with  such  tremendous  power,  terminate  ?  Thera 
is  but  one  intelligence  which  can  predict  its  termination,  and  but 
one  power  that  can  control  its  results,  and  that  power  is  not  a  hu- 
man power.  Wo  are  following  in  the  footsteps  of  our  fellow  men 
in  the  old  world  ;  popular  excitement  and  popular  violence  are 
not  unknown  in  our  own  country.  The  man  who  endeavors  to 
carry  this  excitement  to  extremes,  and  to  alienate  the  feelings  of 
this  people  from  each  other,  to  the  danger  and  perh.ip5  destruction 
of  our  institutions,  should  be  careful  to  ascertain  wheilu-'r  he  can 
control  the  tempest  upon  which  ho  attempts  to  ride.  The  history 
of  the  old  world  shows  that  the  demagogue  who  puts  in  motion 
the  passions  of  men  and  drives  them  to  anarchy  and  bloodshed  de- 
posits his  bones  at  last  in  one  undistinguishable  mass  with  those  of 
his  victims.  And  in  this  more  peaceful  hemisphere  which  revolu- 
tion and  anarchy  have  not  yet  reached,  the  jiolitical  agitatior  who 
rises  upon  a  whirlwind  of  oxcileniont  finds,  to  say  the  least  of  him, 
an  early  political  grave. 

Sir,  I  have  no  particular  anxiety  on  this  subject  because  of  any 
peculiar  interest  I  may  have  in  the  agitations  of  iho  day.  I  know- 
there  is  a  disposition  on  the  part  of  some  to  make  what  is  called 
political  capital,  by  operating  upon  the  feelings  of  the  masses. — 
How  far  tliey  may  be  successful  in  this  case  is  not  for  me  to  say. 
They  are,  I  suppose,  tired  of  old  associations,  and  are  seeking 
about  for  something  new.  A  new  political  church  has  recently 
been  formed  which  may  serve  as  a  sort  of  city  of  refuge  to  unforlu- 
nile  politicians,  hut  I  know  enough  of  the  people  ol  the  North  to 
know  that  altbou^h  they  may  be  thus  played  upon  for  the  moment, 
yet  I  have  suflicient  confidence  in  their  discretion,  integrity,  and 
sound  judgment  to  believe  that  all  thisexcitemcntwill  be  but  tempo- 
rary. That  they  will  not  look  upon  it  in  the  end  with  sober  discre- 
tion at  least,  I  have  no  fear.  Sir,  I  do  not  intend  to  say  that  their 
sentiments  on  the  subject  of  slavery  will  change,  but  I  do  intend 
to  say  that  the  excitement  got  up  by  mistaken  representations  of 
this  bill,  will  subside — that  they  will  in  the  end  do  the  bill  and  do 
me  justice — and  that  they  will  content  themselves  with  a  rational 
opposition  to  the  institution  without  throwing  themselves  into  the 
hands  of  the  demagogue,  or  forming  sectional  distinctions  which 
may  endanger  the  stability  of  the  Union.  I  have  only  to  add  that 
I  shall  not  contribute  to  the  production  of  a  dangerous  excitement 
which  may  tend  to  disturb  the  harmony  of  the  Union. 

I  have  thus  expressed  my  views  on  the  soliject,  becanse  I  h.ave 
felt  myself  somewhat  implicated.  If  this  bill  carry  on  its  face  a 
cowardly  aspect,  its  authors  are  responsible  for  that  aspect.  But 
the  epithet  "  cowardly,"  would  be  more  applicable  to  tiiose  who 
watch  with  trembling  anxiety  the  political  vane,  the  turning  and 
eddying  of  popular  impulse — who  waver  in  the  discharge  of  their 
duty,  lest  an  honest  adherence  to  the  dictates  of  their  own  juJ<'- 
ments  and  their  own  consciences,  should  expose  them  to  a  grouna- 
less  censure  from  their  political  enemies,  or,  what  is  worse,  to  the 
treachery  of  political  friends,  and  who  are  paralyzed  by  the  slight- 
est breath  of  popular  disapprobation,  grounded  upon  opinions  form- 
ed without  sufficient  information — hotly  conceived  and  hastily  ex- 
pressed. 

Upon  this  subject  I  may  be  permitted  to  add  another  considera- 
tion. I  am  not  responsible  for  bringing  this  agitating  question 
upon  the  country.  It  came  here  by  no  agency  of  mine.  The  re- 
sponsibility lies  elsewhere.  It  originated  in  the  measure  of  the 
annexation  of  Texas.  From  that  measure  followed  the  Mexican 
war,  from  that  war  followed  this  conquest,  and  from  the  conquest 
follows  this  agitating  and  troublesome  ipicstion.  I  am  not  re- 
sponsible for  tlie  origin  of  this  dillionlty,  but  there  are  men  on  this 
floor  who  are.  The  Senator  from  Connecticut  over  the  way  who 
has  so  liberally  bestowed  his  denunciations  upon  this  bill,  I  believe 
gave  a  casting  vote  in  favor  of  that  annexation.  Whether  he 
represented  the  opinions  of  his  constituents  on  that  occasion,  whe- 
ther he  stood  in  awe  of  their  instructions,  whether  he  was  in  dread 
of  their  vengeance  in  the  shape  of  burning  in  effigy,  it  is  not  for 
me  to  say.  Whether  it  was  so  or  not,  his  castinir  vote  determined 
the  momentous  question — that  casting  vote  brouglit  upon  us  the  diffi- 
culties with  which  we  are  now  surrounded.  Sir,  if  that  honorable 
Senator,  instead  of  bestowing  these  wholesale  epithets  olVeproval 
upon  the  committee  and  the  bill,  instead  of  exiucssin;:  his  dissatis- 
faction in  terras  so  offensive,  had  united  with  his  former  friends  in 
bringing  about  a  settlement  of  the  question  which  ho  and  they 
have  brought  upon  us,  it  would  have  been  a  little  more  satisfacto- 
ry. I  call  upon  the  Senator  from  Connecticut  as  the  man  respon- 
sible for  the  existence  of  this  difficulty  to  put  his  shoulder  to  the 
wiieel,  aud  as  ho  went  with  the  honorable  Senator  from  South  Ca- 


938 


THE  COMPROMISE  BILL. 


[Monday 


ro'lina  and  bis  fiends  on  a  ftirnner  occasion,  let  liim  unite  with 
those  *'entlernen  now  upon  some  terms  ol'  compromise  or  Hdjust- 
ment.  Sir,  if  this  sulpject  is  to  be  made  a  subject  of  popular  ex- 
citement, and  my  name  is  to  be  bandied  about  in  connection  with 
it  as  an  oliject  of  reproach,  or  if  my  old  coat  and  jacket  are  to  be 
stuffed  with  straw  anfi  burnt,  I  confess  under  liieso  circumstances 
I  prefer  tliat  the  man  wlio  brought  abmii  this  stale  of  tliiuL's,  if  he 
cannot  take  my  )ihioe,  slionid  ai  least  I'urnisb  his  (jkl  coal  and  jack- 
et to  add  lo  the  conllatrration.  It  renuired  no  jrreat  foresiglil  to 
predict  these  eonseiiuences  at  the  time  of  that  annexation.  We 
are  now  where  we  expected  to  be  when  we  protesied  airainst  it. 
We  were  driven  into  llie  nieasiir'- and  iis  cons- quences  by  some  of 
our  nortlicrn  friends,  whose  fate  it  has  been  lo  stand  pretiy  much 
on  thnt  occasion  wlicrc  I  am  now,  abmc.  As  iliey  lorced  us  into 
it.  for  Heaven's  sake  let  ihem  be  feneroiis  enough  lo  unite  with  ns 
now  in  endeavoring  to  extricate  us  Irom  the  difiiculty. 

Mr.  FITZGER.\LD. — I  do  not  rise  for  the  purpose  of  disenss- 
inp:  tlip  merits  u(  the  bdl,  lor  I  have  no'  ihe  vaiiiiv  ti>  sU[)pose  that 
at  this  stai^e  of  ihe  distiis^i.m  I  could  add  anyihiiiij  now  to  what 
has  been  already  said  on  the  snbjecl.  Indeed,  sir.  I  have  no  ijreat 
disposition  to  talk  lb.  I  be  oere  sake  of  lalkins  I  have  risen  railierio 
do  juslice  to  a  frentleman  who  is  abs  ni  llian  for  any  other  purpose. 
And  I  shall  detain  ihe  Senate  but  a  very  few  minutes.  I  allude, 
sir,  to  General  Cass.  Since  the  lomnnncement  of  ihis  discussion 
I  have  bren  appealed  to  bv  j;entlcuu'n  wliose  po'iiical  opinions 
may  on  some  points  dilicr.  but  wlio  rank  anionpst  the  friends  of 
General  Cass,  by  whom  I  have  been  toll  that  the  vote  which  I 
was  about  lo  give  or  the  aciion  which  I  might  take  in  rejiard  to 
this  matter  would  have  a  tendency  to  affect  the  election  of  Gen. 
Cass.  I  have  been  told  that  inasmuch  as  I  have  succeeded"1iim 
m  this  Senate,  am  known  lo  be  his  personal  and  political  friend, 
have  been  placed  on  the  electoral  ticket  in  my  own  Slate,  and 
have  conversed  with  that  di-^iinguished  trenlleuian  alter  bis  leiurn, 
my  action  would  be  considered  as  rctlc<-tin<j;  the  opinions  of  Gen. 
Cass  on  this  excitinji  and  all-important  subject.  My  object  in 
rising,  then,  has  been  chiefly  to  declare  lo  the  Senate  that  I  never 
h  ve,  verbally  or  otherwise,  had  any  intimation  of  General  Cass's 
opinions  upon  this  subject  that  were  not  known  to  all  from  the  de- 


Mr.  CORWIN. — Mr.  President  :  I  shonlil  scareelv  undertake 
to  assign  to  the  Senate  a  reason  for  prolonging  this  debate,  espe- 
cially after  the  very  elaborate  and  lucid  ex|^iisiiion  of  the  bill  now 
before  us  which  has  been  given  by  the  Senator  from  Vermont  ;  I 
feel  compelled,  however,  from  various  considerations,  with  which 
I  will  noi  trouble  ihe  Senate,  to  state,  in  very  few  .vords,  if  that 
be  possible,  what  my  objections  are  to  the  passage  of  the  bill;  and, 
it  may  be,  lo  offer  some  few  observations  in  reply  to  such  proposi- 
tions as  have  been  announced  at  various  times  during  this  debate. 
by  .Senators  on  the  other  side  of  the  chamber  I  have  listened  with 
great  easerness,  since  the  commencement  of  this  discussion,  to 
every  thing  that  has  been  said,  wiih  the  most  sincere  and  unfeign- 
ed desire  to  make  myself  acquainted  with  at  least  the  primary  el- 
emenis  and  principles  which  enter  inio  the  composition  of  the  bill. 
And.  I  ihink  I  may,sav,  without  exposing  myself  to  the  charge  of 
egotism,  that  I  feel  as  little  the  influences  which  have  been  sp  iken 
of  by  the  Senator  from  Vermont  as  ii  is  desirable  that  any  gciilli. 
man.  acting  in  the  capacity  of  a  legislator,  should  leel.  i  do  not 
participate, however,  I  may  advertise  gentlemen,  in  the  heliefwhicli 
has  been  so  consiantly  expressed  during  this  discussi(ni.  thai  this 
is  a  subject  which  is  likely  to  produce  that  terrible  and  momentous 
excitement  that  is  spoken  of.  I  believe  if  this  principle  were  dis- 
cussed solemnly,  and,  so  to  speak,  abstractedly  from  those  extra- 
neous circumstances  too  frequently  adverted  to  here,  tiiat  we 
should  be  much  more  likely  to  arrive  at  a  satisfactory  conclu- 
sion to  ourselves,  and  at  more  satisfactory  results,  I  hope, 
to  those  v\-ho  are  to  come  aficr  us.  I  have  no  belief  that 
the  passage  of  a  law,  such  as  is  now  before  the  Senate,  will  pro- 
duce a  disruption  of  the  bonds  that  hold  this  Union  together.  I 
have  no  belief  that  the  passage  of  ihe  law  so  much  deprecated  by 
some  gentlemen  on  this  side  by  the  name,  if  you  please,  of  the 
*'  Wilmot  proviso,"  cnuld,  by  any  possibilitv  whatever,  induce  the 
southern  porlion  of  the  Union,  which,  we  are  told,  is  so  much  ex- 
cited on  the  subject,  lo  tear  themselves  asunder  from  the  constitu- 
tional cfmipact  by  which  we  are  all  held  together.  Sir,  if  I  enter- 
tained an  opinion  of  this  kind,  I  should  scarcely  think  a  seat  on 
this  floor  worih  possessing  for  a  single  day.  I  do  not  think  the 
technical  term  spoken  of  by  the  Senator  IVnra  Vermont,  the  "Wil- 
mot proviso,"  can  of  itself  exercise  that  inflnence  upon  statesmen 


ciarations  made  in  his  response  to  the  committee  who  noiified  hira  of  exalted  intellect  of  the  South,  which  has  been  intimated  by  gen 
.i-,.-_.  . — :_..  T  ._:ii  ...J  .1...  I  I „,. :.^.i  -  _.i: tlemcn  who  havc  participated  in  this  debate.  What  is  this  terri- 
ble Wilmot  proviso,  that  has  been  creeled  here  and  elsewhere  into 
such  a  raw-head  and  bloody-bones,  to  use  a  very  expressive  phrase 
of  the  nursery  ?  What  is  it  ?  Why,  sir,  there  are  about  me  Sen- 
ators who  know  very  well  to  whom  the  paternity  of  the  "Wilmot 
proviso,"  as  it  has  been  recently  baptized,  belonged.  They  know 
that  the  same  gentleman  who  drafted  the  declaration  of  independ- 
ence, which  is  hung  up  in  our  halls  and  placed  in  our  libraries,  and 
regarded  with  the  same  reverence  as  our  Bible — for  it  has  Lecome 
a  gospel  of  freedom  all  over  the  world  as  well  as  in  this  country — 
drafied  that  which  is  called  the  "  Wilmot  proviso,"  composing  as 
it  did  a  section  of  the  ordinance  of  1787,   and  that  the  hund  that 


of  his  nomination.  I  will  add  that  I  have  not  received  a  solitary 
line  from  any  citizen  of  my  own  Stale  on  this  subject.  T  have  been 
left  by  my  friends  there  to  act  as  my  judgment  shall  dictate.  So 
far  I  have  endeavored  so  to  act,  and  I  sliall  continue  to  do  so  as 
long  as  I  have  The  honor  of  a  seat  in  this  Senate.  I  am  aware, 
bir,  that  there  is  a  heavy  responsibiliiv  resting  upon  me  as  a  Sen- 
ator, and  not  only  as  a  Senaior  generally,  but  as  coming  from  Mi- 
chigan, and  as  being  personally  and  polilically  the  friend  of  Gen. 
Cass  ;  but  I  shall  shrink  from  no  responsibility.  My  main  object 
has  been  to  know  what  is  right  in  this  matter — when  I  know  that, 
I  trust  I  have  the  moral  courage  to  do  it  regardless  of  conse- 
quences.    If  we   are   to   believe    the   tenth  part  of  what  we  hear 


and  see  published    against   General    Cass   he   certainly   has   sins     drafted  both  was  Jefferson's.     There  have  been  some  strange  mis- 
enough  of  his  own  to  bear  wihoul  being  responsible  lor  any  thing     nomers  in  regard  to  acts,  some  strange  confusion  of  nomenclature 


that  I  may  do  here 

Having  slated  that  I  am  not  to  be  regarded  as,  in  any  sort,  the 
exponent  of  General  Cass's  opinions  upon  the  subjects,  [  will  now 
add  that  when  the  question  was  taken  upon  raisintr  this  coi.imit- 
tee,  I  voted  against  the  motion,  because  I  desired  to  act  directly 
upon  the  Oregon  bill.  I  believed  it  was  an  act  of  justice  to  the 
people  of  Oregon  that  we  should  do  so.  I  was  willing  to  rneet 
any  question  that  might  come  up.  The  Senate  directed  otherwise, 
and  I  then  voted  ftir  the  comiuiiteo  that  was  chosen,  every  one  of 
them;  and  when  the  honorable  and  distingnjshetl  chairman  of  that 
committee  reported  the  bill,  I  listened  with  great  pleasure,  and 
no  incon.'Jiderable  degree  of  interest,  to  the  remarks  which  he 
made,  when  I  learned  from  him  that  the  constitution   of  the  Uni 


in  this  country,  as  in  this  case,  when  a  part  of  the  ordinance  of 
1787  has  come  to  bear  the  appellation  of  the  "  Wilmot  proviso." 
Sir,  much  as  I  respect  that  gentleman  for  his  position  upon  this 
subject,  which  has  connected  his  very  name  with  the  ordinance  of 
1787,  I  deny  to  him  the  honor  of  originating  it.  It  is  a  piracy  of 
the  copy-right.  I  do  not  see  that  there  is  any  danger  that  south- 
ern genileinen,  after  the  lapse  of  so  many  years,  and  after  the 
founding  of  a  young  empire  in  the  West,  bv  virtue  of  that  ordi- 
nance, will  so  desecrate  the  memory  of  Jeiferson  and  spit  on  his 
grave,  because  we  merely  re-enaet  that  ordinance  over  a  territory 
which  has  subsequently  come  into  our  possession.  I  have  no  idea 
that  such  consequences  will  frdlow  from  the  passage  of  such  a  law, 
as  gentlemen   have   predicted.     There  must  have  been  a  strange 


ted  States  was  tae  platform  upon  which  we  would  be  called  U(ion  revolution  wrouglit  in  the  minds  of  southern  gentlemen  between 
to  stand  in  the  decision  of  this  question.  I  was  delighted  at  the  17S7  and  1847,  if  such  consequences  are  to  follow.  And  I  could 
prospect.  It  appeared  to  me  that  I  could  see  the  rainbow  of  not  help  observing  while  the  Senator  from  Vermont  was  express- 
peace.  I  thought  this  exciting  question  might  be  disposed  of  ing  these  noble  sentiments,  which  every  body,  even  those  who  do 
without  a  dissolution  of  the  Union,  or  the  shedding  of  blood,  as  not  feel  them,  must  admire,  telling  us  we  should  act  here  inde- 
had  been  intimated   by   some  gentlemen   on   this  floor.    When  the  pendently  of  the   excitement   without   these   walls,  and  that  we 


motion  was  made  to  amend  the  bill  by  striking  out  all  after  ihe 
20th  section,  I  voted  for  it,  still  preferring  that  the  question  should 
be  taken  iqion  Oregon  alone,  and  not  to  have  i'  blended  with  New 
Mexico  and  California.  1  have  been  anxious  to  see  this  question 
atijusted,  and  aliliough  I  do  not  ap|>rove  of  this  bill — for  there  are 
parts  of  it  to  which  I  decidedly  object — yet  if  I  saw  that  the  pas- 
sase  of  the  bill  depended  on  my  own  vote,  and  if  its  passage  would 
be  the  means  of  seltling  this  question,  though  it  were  to  cast  me 
into  political  oblivion — though  it  were  to  bo  the  last  act  of  my  po- 
lilical  life,  I  would  vote  for  the  bill  with  pleasure.  I  fear,  how- 
ever, from  what  I  have  heard  in  the  Senate  since  the  inlroduciion 
of  the  bill,  that  its  friends  are  doomed  to  disnppoinlmcnt.  And 
why.  sir  ?  A  political  storm  is  rising  in  the  IN'orlh  which  is  des- 
tined to  become'a  tornado  before  it  is  allayed.  Gentlemen  who 
are  seeking  to  direct  it  for  their  own  benefit  may  not  be  able  to 
succeed;  but  the  prospect  cannot  but  bo  regarded  with  apprehen- 
sion by  every  patriotic  citizen.  God  knows  wliat  may  be  the 
result  of  the  excitement  which  now  prevails,  and  therefore  I  say 
again,  that  if  I  could  feel  an  as.'-uranee  that  the  passage  of  this 
bill  would  settle  the  question,  though  it  were  the  last  act  of  my 
life,  I  would  vote  for  it.  And  petmit  mo  to  repeat,  once  for  all, 
that  whatever  I  may  say  or  do  here,  I  am  myself  alone  to  be  held 
responsible  for  it. 


should  scorn  those  newsjiaper  paragraphs  in  which  we  are  villified, 
wriilen  by  those  who  know  little  of  the  nuttives  by  which  we  are 
influenced,  and  who  care  less  ;  I  could  not  help  observing  that  at 
last  the  Senator  admonished  us  that  there  was  an  excitement 
abroad  which  we  must  allay  ;  and  to  do  that,  he  agreed  to  this 
bill,  allhough  it  was  somewhat  different  from  that  which  be  desir- 
ed— so  that  the  lion-hearted  Senator  from  Vermont  has  agreed  to 
this  compromise,  as  it  is  palled,  because  there  is  an  excitement 
which  he  wishes  to  allay  by  it.  Sir,  I  ilcsire  to  see  gentlemen  act 
and  vote  here  as  if  there  were  no  excitement  on  the  subject.  I 
should  be  very  sorry,  at  least,  to  allow  any  influences  to  operate 
upon  my  deliberate  judgment,  except  those  which  belong  to  the  re- 
lation of  representative  and  constituent.  It  is  the  farthest  from 
my  intention  of  any  thing  that  can  bo  conceived  of  to  say  any 
thing  in  regard  to  this  bill  which  may  wound  the  feelings  of  gen- 
tlemen who  have  labored  so  hard  to  produce  something  that  would 
satisfy  us  all.  The  Senator  from  Vermont  has  acted  as  he  should 
have  acted,  has  acted  nobly  in  regard  to  this  matter,  and  I  know 
very  well  that  he  will  be  willing  to  accord  to  me  the  same  rule  of 
action,  the  same  indepcndeiu/e  that  be  has  used  ;  and  I  fear  when 
I  come  to  speak  of  the  bill,  I  shall  be  under  ihe  necessity  of  avail- 
ing myself  of  what  the  gentleman  has  called  a  "  special  demur- 
rer;" for  I  do  not  think  there  is  such   pressing  necessity  for  the 


July  24.] 


THE  COMPROMISE  BILL. 


939 


passage  of  the  bill,  as  to  obli^'e  us  to  furego  the  statement  of  such 
objections  as  we  may  entertain.  Suppose  voii  enact  no  law,  what 
will  happen?  Oregon  has  for  many  years' taken  care  of  herself, 
and  I  believe  on  one  or  two  occasions  made  better  laws  for  her- 
self than  she  is  likely  to  get  at  our  hands.  She  has  taken  care  of 
herself  ever  since  she  became  an^integral  portion  of  the  Union,  by 
the  settlement  of  the  dispute  between^us  and  Great  Britain.  How 
the  new  provinces  may  fare,  what  may  happen  to  New  Mcsico 
and  California  in  the  intermediate  time  which  will  elapse,  if  wo 
should  not  be  able  to  act  upon  this  matter  at  the  present  session, 
is  not  a  matter  of  much  concern  or  apprehension  with  mo,  because 
I  know  they  have  been  in  your  cuslody  for  a  year  ur  two,  and 
have  not  complained  at  all  for  the  want  of  legal  enactments;  they 
have  only  complained  that  you  have  made  too  free  use  of  gunpow- 
der. Rather  than  not  act  in  the  matter  fully  and  definitively,  as  I 
would  if  there  were  no  emergency,  I  would  allow  ihoso  provinces 
to  take  care  of  themselves  lor  another  twelve  months,  and  come 
hero  at  the  beginning  of  a  new  session,  ready  to  act  upon  the  sub- 
ject as  my  judgment  should  dictate. 

Now,  sir,  in  the  first  place,  I  understand  we  have  a  message 
from  the  President,  although  I  believe  it  has  not  been  adverted  7o 
by  any  one  calling  upon  us  to  desicrnate  the  boundaries  of  these 
terriTories  of  New  IMexico  and  California  ;  and  another  branch  of 
the  legislature  has  been  anxiously  looking  to  the  geography  of 
those  conntries,  and  tracing  their  history,  ami  are  as  yet  incapa- 
ble of  determining  where  Texas  ends  aiid  New'Mexleo  begins; 
and  they  have  been  under  the  neeesisty  of  applying  to  the  Chief 
Magistrate  to  give  them  a  lesson  in  geography.  What  the  sub- 
stance of  the  information  they  have  received  was  I  do  not  know, 
but  1  have  been  inlormed,  upon  the  floor  of  the  Senate,  that  Tex- 
as  extends  to  the  banks  of  the  Rio  Grande. 

If  this  bo  so,  I  must  be  permitted  to  look  to  the  gentlemen  of 
the  committee  for  information  as  to  how  much  is  left  for  New 
Mexico,  what  extent  of  territory,  and  what  amount  of  population  ? 
Is  it  worth  while  to  establish  a  territorial  government  there,  if  it  bo 
true  that  Texas  extends  to  the  Rio  Grande?  I  think  it  will  be 
found  thai  there  will  be  but  a  friigmcnt  of  New  Mexico  left,  so 
far  as  population  is  concerned.  It  will  bo  very  convenient,  per. 
haps,  to  attach  it  to  the  government  of  California.  If  you  send 
your  governors  and  other  oflieers  there  without  establishing  the 
boundaries,  there  will  be  a  conflict  of  territorial  jurisdiction.  Is 
it  not  expedient  to  settle  it  now,  when  you  are  founding  new  ffov- 
erniuents  there,  and  placing  side  by  side  institutions  which  may 
be  very  dijssimilar?  It  is  perfectly  certain  that  Texas  will  exteni 
bor  laws  to  the  Rio  Granrle  ;  and  if  she  does,  she  will  comprehend 
within  her  jurisdiction  a  large  proportion  of  the  populaiion  of 
what  was  formerly  New  Mexico.  Here,  then,  is  mv  special  de- 
murrer. Under  other  circumstances,  I  am  sure  the  Senator  from 
Vermont  would  agree  with  me  that  it  is  indispensable  to  iho  irov- 
ernments  which  we  are  about  to  establish,  that  th.^  limits  of  ihcir 
jurisdiciion  should  be  (Icfined,  alibnn;ili  i  do  not  know  that  this 
would  be  an  insuperable  objection  with  me,  if  the  other  portions  of 
the  bill  were  such  as  I  couhl  give  my  assent  to. 

And  now  I  intend,  in  a  f.-w  words,  to  state  why  I  object  to  this 
compromise  bill.  Sir,  there  is  no  one — there  can  be  no  one — who 
does  not  desire  that  every  subject  of  legislation  which  comes  be- 
fore  the  Senate  should  be  sen  led  harmoniously,  and.  if  it  might  be 
so,  with  the  unanimous  concurrence  of  every  Senator  But.  sir. 
in  my  judmneni.  wiih  tins  snbjecl  as  it  stands  bcf  ire  us,  it  wonbi 
be  anogaiir  prfS'unjitior.  to  undertake  to  vote  npiu  this  bill, 
with  a  question  before  us  which  we  unde  transf.  take  to  er  to  the 
judiciary  department  of  the  country.  How  is  this?  Is  it  not  a 
new  thing  in  your  legislation  when  a  sysiem  of  policy  is  proposed 
and  the  constiuuional  propriety  of  tiiat  iiolicy  is  cpicsiioned,  to 
pass  an  act  for  the  ptu'pnse  of  i^ettin^  a  ease  before  the  Supreme 
Court,  that  that  court  may  instruct  ihe  Senate  of  the  United  States 
as  to  consiitutional  duty  m  the  matter?  Sir,  if  we  know  certainly 
what  that  law  will  be,  need  there  he  any  hesitancy  how  we  shall 
vi'te  upon  ihis  bill  ?  Can  any  one  suppose  that  ihe  Senator  from 
Georgia  or  the  Senator  Ironi  South  Carolina,  if  thev  believed  that 
the  litigation  that  is  proposed  by  ihi-  bill  to  be  brought  into  the 
judicial  tribunals  of  the  country  would  result  contrary  to  their  ilc- 
terminaiion  of  what  the  law  should  be,  that  they  would  be  in  fa- 
vor of  such  a  bill  as  this  ?  Does  any  one  believe  that  if  the  Sena- 
tor from  Vermont  could  anticipate  that  the  Supreme  Court  of  tlio 
United  States  might  decide  that  Congress,  bcinir  silent  upon  the 
subject,  had  allowed  slavery  to  pass,  at  its  pleasure  in>o  tlie.«c 
newly  acquired  territories,  and  to  become  parts  of  the  miinleip:il 
institutions  of  those  territories,  and  to  decide  iilso,  that  if  Congress 
had  enacted  a  prohibitory  law,  it  could  not  have  gone  there,  he 
Would  vote  for  this  bill  ?  Certainly  he  would  not.  is  there  any 
necessity  that  there  should  bo  a  prohibitory  law  passed,  in  order 
that  the  question  of  slavery  should  be  presented  with  the  aid  of 
Congressional  legislation  to  the  Supreme  Court  of  the  United 
States  ?  I  will  not  undertake  to  say  that  I  differ  with  the  Senator 
irom  Vermont  in  a  single  legal  proposition  that  he  has  laid  down. 
I  regard  slavery  as  a  local  inititution.  I  believe  it  rests  on  that 
basis,  as  the  only  one  that  can  give  it  a  moitient's  security.  I  be- 
lieve it  cannot  he  carried,  by  the  power  of  the  master  over  his  ser- 
vant, one  inch  beyond  the  territorial  limits  of  the  power  that 
makes  the  law.  1  believe  that  a  slave  carried  by  his  master  into 
thje  territory  about  which  we  are  talking,  if  slavery  be  abolished 
theie,  will  be  free  from  the  moment  he  enters  the  territory,  and 
any  attempt  to  exercise  power  over  him  as  a  slave  will  be  nuga- 
tory. That  is  my  judgment.  But  I  would  guard  against  anj' 
doubt  on  this  subject.  X  would  so  act  that  there  should  be  nothing 


left  undone  on  my  part  to  prevent  the  admission  of  stares,  for  I  am 
free  to  declare,  that  if  you  were  to  acquire  the  country  that  lies 
under  the  line,  the  hottest  countr}  to  be  found  on  the  globe,  where 
the  white  man  is  supposed  not  to  bo  able  to  work,  I  would  not 
allow  you  to  take  slaves  there,  if  slavery  did  not  exist  there  al- 
ready. More  tnan  that :  I  would  abolish  it  if  I  could,  if  it  did  ex- 
ist. These  are  my  opinions,  and  they  have  always  have  been  iha 
same.  I  know  they  were  the  opinions  of  Washington  up  to  the 
hour  of  his  death  ;  and  they  were  the  opinions  of  Jelferson  and  of 
others  who,  in  the  infancy  of  the  institution,  saw  and  deplored  ita 
evils,  and  deprecated  its  continuance,  and  would  have  taxed  them- 
selves to  the  utmost  to  exterminate  it  then.  I  possess  no  opioioa 
on  the  subject  that  I  have  not  derived  from  these  sources. 

I  have  only  to  say,  that  these  opinions  have  always  received  the 
concurrence  of  my  own  understanding,  and  this,  after  the  most 
careful  investigation  I  have  been  able  to  give  the  subject.  I  find 
the  institution  of  slavery  existing  in  several  States  of  the  Union — 
it  is  a  local,  a  State  institution,  existing  under  the  guaranties  of 
the  constitution.  I  find  that,  as  a  legislator  of  this  national  gov- 
ernment, 1  am  forbidden  by  the  constitution  to  act  upon  this  or 
any  other  merely  State  institution.  I  cannot,  therefore,  interfere 
with  slavery  in  the  States  as  I  can  in  a  territory,  where  as  yet  no 
State  sovereignty  exists,  and  as  I  will  there,  and  would  every 
where  else  on  the  face  of  the  earth,  where  I  am  not  forbidden,  and 
where  my  power  might  extend.  And  here  sir,  I  ask  what  has 
been  your  practice  .as  a  government  on  this  subject  ?  If  at  any 
time  in  your  progress  since  1789,  you  have  acquired  territory 
where  slavery  existed  in  such  form  and  consistency  as  to  make  it 
now  difficult  to  overthrow  it.  it  has  been  permitted,  only  permit- 
ted, to  remain  where  by  law  it  did  exist  ;  as  in  the  northwestetn 
territory  before  178!),  but  had  not  taken  a  deep  root,  it  was  ex- 
pelled ;  and  as  in  the  Missouri  compromise,  excluding  it  in  all  ter- 
ritory north  of  latitude  30^  30'  after  17S9. 

When  Louisiana  was  acquired,  such  was  the  tore  of  public  opin- 
ion then  against  slavery,  that  I  am  sure  the  men  of  that  day  would 
have  abolished  it  there,  but  for  the  supposed  evil  of  displacing  a 
svstem  long  established,  on  which  and  by  which  the  social  and  po. 
litical  systems  ol"  the  country  were  necessarily  formed.  Perhaps, 
also,  the  terms  of  the  treaty  were  with  some  an  obstacle.  The  same 
men  who  directed  puMic  opinion  in  1787in  a  <;roat  measure  control- 
led it  in  1804.  Ji-ribrson,  who  was  the  author  of  the  ordinance  of 
1787.  was  President  in  1804.  when  Louisiana  was  acquired.  By 
his  infiuenco.  the  ordinance  of  1787  made  five  free  States  in  the 
northwest,  and  1  doubt  not  Louisiana  would  have  been  also  freed 
from  slavery  too,  but  for  the  reasons  I  have  assisncd  Such  wcie 
the  views  ol  men  who  dirjctcd  puolic  opinion  then  ;  would.Co  God 
they,  or  such  as"they,  hiid  more  to  with  puidic  opinion  now. 

When  the  ample  patrimony  of  Virginia  wis  transferred  to  the 
conl'eileracv,  Jellersnn  and  those  ol  his  sclioid,  who  made  this  no- 
ble donation,  at  once  declared  that  slavery  should  not  p'lllnte  the 
soil  of  five  rich  and  powurlul  new  States.  Such  was  Virginia, 
such  was  American  opinion  then.  I  cannot  suppose  the  opinions 
of  these  men  were  so  changed  bctwpen  1787  and  1804  that  slavery 
at  the  latter  period  would  be  spared  by  them,  except  lor  the  rea- 
sons I  have  assigned  air  adv.  Libeiiv.  perlect  freedom  to  all 
men  of  all  colors  and  nannns.  was  the  <loctrine  of  Jelferson  ihen, 
and  I  am  told  he  is  now  tic  authoritative  e\|ioiinder  ol  free  princi- 
ples totlies  •hoiil  callinuitsel'"  Virginian"  as  well  as  "democratic.'' 

Why,  iliero  is  scmeely  a  Virgiiii.in  who  ventures  to  have  an 
opinion  contrary  to  the  liir'iiest  tlioujiht  t^iat  he  ever  expressed. 
And  is  it  so,  that  we  are  now  lo  be  required,  for  the  sake  of  some 
imaginary  balance  of  power,  to  carrv  sl.iverv  into  a  c<iunirv  where 
it  does  not  now  exist  ?  That,  sir,  is  t  e  question  propounded  by 
this  bill  The  Senator  from  Veimuiit  is  satisfied  ihat  slavery 
cannot  he  extended  to  these  leirilories.  I  believe,  if  his  confi- 
dence in  the  judicial  tribunals  of  the  country  were  well  fouided, 
that  slavery  could  not  possildy  go  into  thi  se  territories,  provided 
the  Senate  is  riirht  both  as  to  law  and  the  tacts.  I  ask  every  mera» 
ber  of  the  Senate — perliaps  I  may  bo  less  informed  than  any — 
whether  slavery  does  not  exist  by  some  .Mexican  law,  at  this  hour, 
in  California  ? 

Mr.  H.\NNEGAN,  (in  his  seat.) — It  does  exist:  peon  slavery 
exists  there. 

Mr.  CORWIN. — I  would  thank  the  Senator  from  Indiana  if  ha 
will  inform  me  what  jieon  ^lavl•rv  is;  and  really  I  ask  the  question 
for  the  purpose  of  obtaimiiir  information.  I  desire  lo  know  its 
coniliiiiuis.  Is  it  tran^m  ssible  by  inheritance  ?  Does  the  marvel- 
lous doctrine  of  which  the  lionorable  Senator  from  Virginia  spoke 
of  as  being  part  and  parcel  of  the  law  adopted  in  Virginia — par. 
tus  sequitur  ventrem — pievail?  Is  that  holy  ordinance,  that  the 
ottspring  of  the  womb  of  ber  who  is  a  slave  must  necessarily  bo 
slaves  also,  there  recognized. 

Mr.  HANNEGAN. — As  I  understand,  slavery  exists  in  CaU- 
fornia  and  New  Mexico,  as  it  does  throughout  the  republic  of 
Mexico,  and  is  termed  peon  slavery — slavery  for  debt,  bv  which 
the  creditor  has  a  richt  to  hold  the  debtor  through  all  time  in  a 
far  more  absolute  bondage  than  that  by  which  any  southern  plan- 
ter holds  his  slaves  here. 

Mr.  CORWIN. — So  it  has  bacn  described  to  me.  I  have  not 
seen  the  Mexican  laws  upon  the  subject,  but  the  statement  just 
made  agrees  with  that  of  many  gentlemen  who  profess  to  know 
something  on  the  subject,  and  therefore  I  am  inclined  to  think 
that  it  is  so.  and  that  these  people  are  the  subjects  of  that  interna 
law.     The  Senator  from  Delaware  the  other  day  informed  us  that 


940 


THE  COMPROMISE  BILL. 


fMoNDAYj 


the  committee  have  not  civcn  to  the  people  of  California  and  New 
Mexico  the  right  of  suflfrage,  because  they  were  incapable  of  ex- 
ercisin"  it — becanse  a  larfju  portion  of  them  were  of  the  colored 
races.  Now,  supposin<;  that  to  bo  the  case,  and  supposing  the 
proposition  to  be  submitted  to  the  Supreme  Court  of  the  United 
States — was  slavery  an  institution  of  New  Mexico  ? — what  would 
be  the  answer  ?  If  the  Senator  from  Indiana  were  there  to  make 
response,  he  would  reply  in  tlie  f.liirmative;  he  would  say  that 
the  institution  of  slavery  was  there — that  to  be  sure  it  had  its  mod- 
ifications and  Its  peculiarities,  but  that  it  was  still  slavery,  though 
there  might  liave  existed  a  law  as  strong  as  that  glorious  principle 
of  free  government  spoken  of  by  the  Senator  from  Virginia — par- 
tus sequitur  vcntrem.  If,  sir,  these  three  Latin  words  can  con- 
demn to  everlasting  slavery  the  posterity  of  a  woman  who  is  a 
slave,  may  not  that  municipal  regulation  of  which  we  are  now 
speaking  in  Caldbrnia  and  New  Mexico,  with  equal  propriety  be 
denominated  slavery  ?  I  find,  then,  slavery,  as  it  is  called,  exist- 
ing hero  to  a  degree,  and  to  all  practical  purposes  as  lasting  and 
inexorable  as  in  the  State  of  Virginia;  and  therefore  the  whule  of 
the  hypothesis  of  the  gentleman  IVora  Vermont  falls  to  the  ground 
as  a  inatter  of  fact,  inasmuch  as  llie  Supreme  Court  will  decide 
that  slavery  existed  there,  and  that  therefore  the  whole  slave  pop- 
ulation of  the  United  States  may  he  transferred  to   that  country. 

Mr.  PHELPS. — The  gentleman  will  excuse  rae,  I  spoke  of  Af- 
rican slavery. 

Mr.  CORWIN.— Of  that  I  am  aware.  I  speak  now  of  the 
general  proposition.  Now,  this  is  a  very  curious  spectacle  pre- 
sented this  day  and  for  weeks  past  in  the  American  Congress,  and 
one  cannot  help  pautmg  at  this  point,  and  retleeting  upon  the 
events  of  the  last  lew  years.  On  looking  back  at  what  has  hap- 
pened to  that  period,  I  am  sure  that  the  magnanimous  spirit  of 
the  Senator  from  South  Carolina  himself  will  be  obliged  to  eon- 
cede  to  the  northern  States  at  least  some  apology  lor  the  slight 
degree  of  excitement  on  this  subject.  His  hy]ioiliesis  is,  that  to 
every  portion  of  this  newly  acquired  territory — California  not  ex- 
cepted— every  shaveholder  in  the  United  States  has  a  rigiit  to  mi- 
grate to-morrow,  and  carry  with  him  his  slaves — holiling  them 
there  forever,  subject  only  to  the  abolition  of  slavery  when  these 
territories  shall  be  made  into  States,  and  come  into  the  Union. 
What,  then,  would  be  those  few  chapters  in  our  history  ?  We  find 
cuislvees  now  in  the  possession  of  territories  with  a  populalion  of 
one  hundred  and  fifty  thousand  souls,  if  I  am  correctly  informed,^ 
in  California  and  New  Mexico.  The  best  authentieate'd  history  of 
the  social  institutions  of  that  population  informs  us  th.at  iliere  ex- 
ists there  at  this  moment  a  speoies  of  slavery  as  absolute  and  in- 
exorable as  exists  anywhere  on  the  face  ol  the  earth;  and  that 
about  five  in  six  of  the  population  of  that  country  are  subjected  to 
the  iron  rule  of  this  abominable  institution  there. 

Now.  I  do  not  expect  that  any  man  will  rise  up  and  say  that 
because  an  individual  happens  to  be  the  debtor  of  another,  ho  shall 
have  his  own  person  sold  into  sliivery;  and  not  only  that,  but  that 
the  curse  shall  extend — worse  than  that  of  the  Hebrew,  not  to  the 
third  and  fourth  generation,  but  to  the  remotest  posterity  of  that 
unfortunate  man.  Nobody  will  pretend  to  rise  up  in  delenee  of 
Buch  a  proposition  as  that.  Now,  then,  I  will  give  over  the  criti- 
cism. Suppose  there  is  a  law  in  New  Mexico,  which  obliges  a 
man  to  work  all  the  days  of  his  life  for  another,  becouse  he  hap- 
pens to  owe  him  live  dollars,  by  some  means  contrived  by  the  cre- 
ditor to  keep  him  alwjiys  his  debtor.  Do  you  intend  that  that  law 
shall  exist  there  for  an  hour  ?  Well,  you  have  made  a  law  here, 
that  your  law-makers  who  are  to  go  to  New  Mexico  and  California 
shall  not  touch  the  subject  of  slavery;  and  if  that  which  is  desig- 
nated in  the  popular  language  of  that  country  slavery,  exists  there, 
do  you  indeed  send  abroad,  as  you  promised  to  do,  your  missionary 
«f  liberty?  You  went  there  with  the  sword,  and  made  it  red  in 
rthe  blood  of  these  ])eople!  What  did  you  tell  them?  "  We  come 
10  give  you  freedom  !"  Listead  of  that  you  enact  in  your  code 
■hero,  bloody  as  that  of  Draco — that  there  shall  be  judges  and  law- 
givers over  them,  but  that  they  shall  make  no  law  touching  that 
^slavery  to  which  live  out  ol'  six  of  them  are  subjected. 

Mr.  President,  this  chapter  in  your  history  lurnishes  instructive 
matter  for  our  consideration.  It  is  a  strange  act  in  the  great 
drama  of  what  wo  call  progress.  I  have  looked  upon  it  with 
some  concern.  I  was  one  of  those  who  predicted  that  this,  or 
something  like  this,  would  be  the  result  of  your  Mexican  war.  I 
always  believed,  notwithstanding  your  denials  here,  that  you  made 
war  upon  Mexico  for  the  purpose  and  with  the  intention  of  con- 
quest. 1  ventured  to  |irediet  just  what  we  now  see,  that  acquisi- 
tion of  territory  would  follow  the  war  as  its  consequence,  and  its 
object  was  that,  and  nothing  else;  and  that  this  very  question 
wuuld  arise,  and  arise  here,  to  distract  your  councils,  disunite  your 
people,  and  threaten,  as  we  are  now  told  it  does,  that  peace  which 
you  thought  of  so  lightly  when  war  was  so  wantonly  waged  against 
iVIexico.  It  now  seems  your  j>retonsions  were  all  liypo(;ritieal 
from  the  beginning.  You  said  your  armed  men  went  forth  to  her 
5n  the  spirit  of  love.  You  pretended  their  mission  was  not  con- 
quest, but  to  .set  free  the  captive,  to  raise  up  the  prostrate  peon  of 
that  country — and  now  what  follows  ?  As  soon  as  your  arms  have 
subdued  the  country,  the  gentle  note  of  the  dove  is  changed  to  the 
lion's  roar.  Instead  of  the  proper  blessing  of  peace  to  your  con- 
quered subjects,  you  propose  to  leave  the  chains  of  the  peon  un- 
touched, and  now  gravely  contend  that  negro  slavery  shall  bo  su- 
peradded to  slavery  for  debt.  This  is  your  improvement,  this 
your  progress  in  Mexico,  To  exalt  the  miserable  peon,  you  give 
Jiim  ihe  enslaved  negro  for  nasocialion  and  example.    Sir,  ihia  is 


indeed  a  spectacle  worth  noting,  in  this  bright  noon  of  the  nine- 
teenth century. 

We  proclaimed  to  the  world  we  would  take  nothing  by  conquest. 
This  was  our  solemn  hypocritical  declaration  for  two  dark  years, 
while  our  progress  was  marked  by  blood,  while  the  march  of  your 
power  was  like  another  people  of  old,  by  clouds  of  smoke  in  the 
day,  and  fire  by  night.  City  after  city  fell  beneath  the  assaults  of 
your  gallant  army,  and  still  you  ceased  not  to  declare  you  would 
take  nothing  by  conquest.  Now  you  say  this  territory  was  con- 
quered, was  acquired  by  the  common  blood  of  our  common  coun- 
try. You  trace  back  the  consideration  which  you  have  paid  for 
this  country  to  the  blood  and  -the  bones  of  the  gallant  men  that 
you  sent  there  to  be  sacrificed;  and  pointing  to  the  unburied  corses 
of  her  sons  who  have  fallen  there,  the  South  exclaims — "  These, 
these  constitute  my  title  to  carry  my  slaves  to  that  land  !  It  was 
purchased  by  the  blood  of  my  sons."  The  aged  parent,  bereft  of 
bis  children,  and  the  widow  with  the  family  that  remains,  desire 
to  go  there  to  better  their  fortunes,  if  it  may  be,  and  pointing  to 
the  graves  of  husband  and  children,  exclaim,  "  There,  there  was 
the  price  paid  for  our  proportion  of  this  territory  I"  Is  that  true? 
If  that  could  be  made  out — if  you  dare  put  that  upon  your  oecord 
— if  you  can  assert  that  you  hold  the  country  by  the  strong  hand, 
then  you  have  a  risht  to  go  there  with  your  slaves.  If  we  ol  the 
North  have  united  with  you  of  ihe  South  in  an  expedition  of  piracy, 
and  robbery,  and  murder,  that  oldest  law  known  among  men — 
"Honesty  among  thieves"— requires  us  to  divide  it  with  you_ 
equally. 

If,  indeed,  Mr.  President,  we  have  no  other  right  than  that 
which  force  gives  us  to  these  our  new  possessions  ;  if,  indeed,  we 
have  slaughtered  fifty  thousand  of  God's  creatures  only  to  subject 
to  our  power  one  hundred  and  fifty  thousand  of  an  alien,  enslaved, 
and  barbarous  people,  it  is  but  a  fitting  finale  to  all  this  to  rivet 
yet  closer  the  chain  of  personal  slavery  upon  the  Mexican  peon, 
and  people  your  possessions  thus  acquired  by  slaves.  I  repeat, 
that  this  right  of  conquest  applied  to  territory,  is  the  same — no 
other  and  no  better  than  that  by  which  originally  one  man  could 
claim  to  hold  another  in  slavery.  It  is  but  the  right,  if  right  it 
may  be  called,  ol  the  strongest — the  law  in  both  cases  is  simply 
the  law  of  force.  You  march  over  a  country,  wrest  it  by  war  Irora 
its  owner,  and  say  to  the  vanquished  possessor,  this  is  now  mine. 
1  have  seized  your  property  ;  I  hold  it  by  the  law  offeree.  And 
so  originally  the  slave  dealer  .seized  the  negro  in  his  African  home, 
slaugiitend  in  combat  part  of  his  family,  bound  the  rest  in  chains, 
brought  them  here,  and  sold  them.  It  is  simply  power,  and  not 
right,  in  both  cases,  that  makes  the  claim.  I  repeat,  it  seems  in- 
deed fitting  and  in  character,  that  the  two  should  accompany 
each  other. 

As  in  the  case  of  lands  thus  acquired,  long  possession  and  con- 
tinued acquiescence  (in  the  judgments  of  men)  ripen  the  claim 
into  legal  right,  so  in  the  case  of  legal  slavery,  the  captive,  ori- 
ginally held  only  by  force,  in  time,  by  the  law  of  men,  and  by  the 
judgment  of  men,  becomes  property!!  And  we  are  told  by  the 
Senator  from  Virginia,  [Mr.  Mason,]  that  the  posterity  ol  snch 
become  property  only  through  the  magical  inlluence  of  these 
words,  Roman  words  :  ''Partus  sequitur  rtntrem" — ''The  child 
follows  the  condition  of  its  mother."  Admirable — philosophical — 
rational — Christian  maxim  ! !  !  If  the  mother  be  captured  in  war, 
it  seems  then  the  will  of  a  just  God,  'whose  tender  mercies  are 
over  all  his  works,  that  her  olfspring  to  the  remotest  time  shall  be 
doomed  to  slavery.  What  sublime  morality!  What  lovely  jus- 
tice combine  to  sanctify  this  article  in  that  new  decalogue  of  free- 
dom which  we  say,  it  is  our  destiny  to  give  to  the  world  "Partus 
sequitur  ventrem  !"  Why,  it  is  said  to  be  "common  law."  Alas, 
Mr.  President,  it  is  but  too  "common,"  as  we  see.  This  right  of 
conquest  over  land  is  the  same  as  that  by  which  a  man  may  hold 
another  in  bondage.  You  may  make  it  into  a  law  if  you  please  ; 
you  may  enact  that  it  may  be  so  ,  it  may  be  convenient  to  do  so  ; 
after  perpetrating  the  original  sin,  it  may  be  well  to  do  so.  But 
the  case  is  not  altered  ;  the  source  of  the  right  remains  unchang- 
ed. What  is  the  meaning  of  the  old  Roman  word  so  rKs  .'  X 
profess  no  skill  in  philological  learning,  but  I  can  very  well  con- 
ceive how  somebody,  looking  into  this  thing,  might  understand 
what  was  the  law  in  those  days.  The  man's  iile  was  saved  when 
his  enemy  conquered  him  in  battle.  He  became  servus — the  man 
jireserved  by  his  magnanimous  foe  ;  and  perpetual  slavery  was 
then  thought  to  be  a  boon  preferable  to  death.  That  was  the  way 
in  which  slavery  began.  Has  anybody  found  out  on  the  face  of 
the  earth  a.  man  fool  enough  to  give  himself  up  to  another,  and 
beg  him  to  make  him  his  slave  ?  I  do  not  know  of  one  such  in- 
stance under  Heaven.  Yet  it  may  be  so.  Still  I  think  that  not 
one  man  ol'  onr  complexion  of  the  Caucassian  race  could  be  found 
quite  willing  to  do  that  ' 

Thus  far  wo  have  been  brought  after  having  fought  for  this 
country  and  conipicred  it.  The  solemn  appeal  is  made  to  us — 
"Have  we  not  mingled  our  blood  with  yours  in  accpuring  this 
country?"  But  did  we  mingle  our  blood  wiih  yours  for  the  pur- 
])oso  of  wresting  this  country  by  force  from  this  people  ?  That  is 
the  question,  'ifou  did  not  say  so  six  months  ago.  You  dare  not 
say  so  now  !  You  may  say  that  it  was  purchased,  as  Louisiana, 
or  as  Florida  was,  with  the  common  treasure  of  the  country  ;  and 
then  we  coiiie  to  the  discussion  of  another  proposition  :  What 
right  do  you  acquire  to  establish  slavery  there  !  But  I  was  about 
10  ask  of  some  gentleman — the  Senator  from  South  Carolina,  for 
instance — whose  eye  at  a  glance  has  comprehended  the  history  of 
the  world,  what  he  supposes  will  be  the  impression  abroad  ol  our 
Mexican  war,  and  these,  our   INlexican  ticquisitions,  if  we  should 


July  24.] 


THE  COMPROMISE  EILL. 


941 


fjive  to  them  the  direction  which  ho  desires  ?  I  do  not  speak  of 
the  propriety  of  slave  labor  being  carried  anywhere.  I  will  waive 
that  question  entirely.  What  is  it  of  which  the  Senator  from  Ver- 
mont has  told  us  this  morninir,  and  of  which  we  have  heard  so 
much  during  the  last  three  weeks  ?  And  how  will  our  history 
read  by  the  side  of  that?  Every  jjalo  ihat  floats  across  the  At- 
lantic comes  freighted  with  the  death-groans  of  a  King  ;  every 
vessel  that  touches  your  shores,  bears  with  her  tidings  "that  the 
captives  of  the  old  world  are  at  last  becoming  free. — that  they  are 
seeking,  through  blood  and  .slauThter — blinilly  and  madly,  it  may 
be — but  nevertheless  resolutely— deliver.jnce  from  the  fetters  Ihat 
have  held  them  in  bondage.  VVho  are  they  >.  Almost  the  whole 
of  Europe.  And  it  is  only  about  a  year  ago,  I  believe,  that  the 
officer  of  the  Turkish  Empire  who  holds  sway  in  Tunis,  one  of 
the  old  slave  markets  of  the  world,  whoso  prisons  formerly  re- 
ceived those  of  our  people  taken  upon  the  high  seas  and  made 
slaves  to  their  captors — announced  to  the  world  that  all  should 
there  bo  free.  And,  il  I  am  not  mistaken,  it  will  bo  found  that 
this  magic  line  which  the  Senator  from  South  Carolina  believes 
has  been  drawn  around  the  globe  which  we  inhabit,  with  the  view 
of  separating  freedom  and  slavery — 3()'^  30,'  biings  this  very  Tu- 
nis into  that  region  in  which  some  supposed,  by  ordinance  of  na- 
ture, men  are  lo  be  held  in  bondage  !  All  over  the  world  the  air 
is  vocal  with  the  shouts  of  men  made  free.  What  does  it  all 
mean?  It  means  that  they  have  been  redeemed  from  political 
servitude  ;  and  in  God's  name  I  ask,  if  it  be  a  boon  to  mankind  to 
be  free  from  political  servitude,  must  it  not  be  accepted  as  matter 
of  some  graiulation  that  they  have  been  relieved  from  personal 
servitude — absolute  subjection  to  the  arbitrary  power  of  others  ? 
What  do  we  say  of  them  ?  I  am  not  speaking  of  the  propriety  of 
this  thing  ;  it  may  be  all  wrong,  and  these  poor  fellows  in  Paris, 
who  have  stout  hands  and  willing  hearts,  anxious  to  earn  their 
bread,  may  be  very  unrea>onable  in  lighting  lor  it.  It  may  be  all 
wrong  to  cut  off  the  head  of  a  King,  or  send  him  across  the  chan- 
nel. It  may  be  highly  improper  and  foolish  in  Austria  to  send 
away  Metternich,  and  say,  "we  will  look  into  this  business  our- 
selves." According  to  the  doctrine  preached  in  these  halls — in 
free  America — instead  of  sending  shouis  ol  gratulation  across  the 
water  to  these  people,  we  should  seiul  to  them  groans  and  com- 
misseration  for  their  folly,  calling  on  them  to  beware  how  they 
take  this  business  into  their  own  hands — informing  them  that  uni- 
versal  liberty  is  a  curse  ;  that  as  one  man  is  born  with  a  riglit  to 
govern  an  empire,  he  and  h;s  posterity  must  continue  to  exercise 
that  power,  because  in  this  case  it  is  not  exactly  partus  scquitur 
ventrem.  but  partus  scquitur  patrem — that  is  all  the  diU'ercncc. 
The  crown  follows  the  lather !  Under  your  law,  the  chain  follows 
the  mother  ! 

Sir,  we  may,  we  ought  to  remember,  that  it  was  law  in  this 
country  in  1776,  that  Kings  had  a  right  to  rule  us,  did  ml"!  us. 
George  III.  said  then  "partus  scquitur  patrem,"  my  son  inherits 
my  crown,  ''he  follows  the  condition  of  the  father,"  ''he  is  born 
to  be  your  ruler  ;"  your  lathers  said,  this  is  not  true,  this  shall  be 
law  no  longer.  Let  us  look  for  a  moment  at  the  doings  of  that 
good  old  time,  1776.  Then,  sir,  our  fathers,  being  oppressed, 
lifted  up  their  hands  and  appealed  to  the  God  of  justice,  the  com- 
mon father  of  all  men,  to  deliver  them  and  their  posterity  from 
that  law,  which  proclaiiiied  that  "Kings  were  bcun  to  rule." 
They  (the  men  of  177fi)  did  not  believe  that  one  man  was  born 
"booted  and  spurred"  to  ride  another.  And  if,  as  they  said,  no 
man  was  born  to  rule  another,  did  it  not  follow,  that  no  man  could 
rightfully  be  born  to  serve  another  ?  Sir,  In  those  days,  Virginia 
and  Virginia's  sons,  Washington  and  Jellerson,  had  as  little  res- 
pect for  that  maxim,  partus  seqiiitur  ventrem,  as  for  that  other 
coanate  dogma.  ''Kings  arc  born  to  rule."  I  infer  from  our  his- 
tory, sir,  that  the  men  of  that  day  were  sincere  men,  earnest, 
honest  men,  that  they  meant  whai  they  said  From  their  decla- 
ration "all  men  are  born  equally  free,"  I  infer  that,  in  their  judg- 
ments, no  man,  by  the  law  of  his  nature,  was  born  to  be  a  slave  ; 
and,  therefore,  he  ought  not  by  any  other  law  to  be  born  a  slave. 
I  think  this  maxim  of  Kings  being  born  to  rule,  and  others  being 
born  only  to  serve,  are  both  of  the  .same  family,  and  ought  to  have 
gone  down  to  the  same  place  whence  I  imagine  they  came,  long 
ago,  together.  I  do  not  think  that  your  partus  sequitur  ventrem 
had  much  quarter  shown  it  at  Yorklown  on  a  certain  day  you  may 
remember.  I  think  that  when  the  lion  of  England  crawled  in  ".ho 
dust,  beneath  the  talons  of  your  eagles,  and  Cornwallis  surrender- 
ed to  George  Washington,  that  maxim,  that  a  man  is  born  to 
rule,  went  down,  not  to  be  seen  among  us  again  forever  ;  and  I 
think  that  partus  sequitur  ventrem,  in  the  estimation  of  all  sensi- 
ble men,  should  have  disappeared  along  with  it.  So  the  men  of 
that  day  thought.  And  we  are  thus  brought  to  the  proper  inter- 
pretation of  the  language  of  those  men  which  has  been  criticised 
by  the  Senator  from  South  Carolina. 

Mr.  President,  it  is  worth  while  to  inquire  what  were  the  pub- 
licly expressed  opinions  of  the  leading  men  and  States,  as  to  the 
policy  of  negro  slavery,  from  the  year  1774  up  to  the  year  1787, 
and  from  thence  up  to  the  final  adoption  of  the  constitution,  in 
1789.  And,  first,  how  was  it  in  the  old  Commonwealth— Virgi- 
nia : 

''June,  1T74.— At  ageuemi  nieeliug  of  tlie  freeholders  and  inlialiilftnts  of  Prince 
George's  county,  Virginia,  the  following  resolves  were  unaninionsly  agreed  to,  (among 
others:) 

"Resolved,  Thattlie  African  trade  isinj'urionslo  \\m  coia'ay,  olatriicls  Oir  papu- 
lation of  it  by  freemen,  prevents  manufaeturers  and  otiier  useful  emigrants  from 
Europe  front  settling  amongst  n*.  and  occasions  an  annual  increase  of  tJie  balance 
ff  trade  against  this  colony"— -iH-ie  American  Archives,  4lh  series,  vol.  1 ,  p,  493.J 


"At  a  mMting  of  the  freohoMerj  and  other  inhahilanlj  of  the  connlT  of  Cnlp»per, 
in  Virginia,  assemhletl  on  due  nolice.  at  the  court  tious*  of  the  said  connty,  on  Thurs- 
day, the  7lh  of  July.  1774,  to  consider  of  the  most  effectnal  method  to  preserve  Ijie 

rights  and  hlicrtit-b  of  America: 

"Jtesotped,  That  the  imiMirtJng  staves  and  e/>nTict  servants  is 'njnrioos  to  this  col- 
ony, as  it  ohslrocls  the  populatioo  of  it  with  freeinen  and  uwl'ul  inannlactnrers;  and 
that  wo  will  not  buy  any  such  slave  or  convict  servant  heruafu-r  to  liC  imported." — 
(American  Archivca,  4tli  series,  vol.  J,  p.  023.) 

"At  a  general  meeting  of  the  freeholdcis  and  inhabitants  of  the  connty  of  Naiise- 
mond.  Virginia,  on  the  llthday  of  July,  1774,  the  following  reaoluuons  were  onani- 
moiisly  agreed  to: 

'•liesolred.  That  the  African  trade  is  injorioDS."  &c.,  fsamo  ai  th«  retolotion  of 
Trince  George's  county. J— (American  Archives,  vol.  1,  p.  530.) 

July  14.  1774.  at  a  similar  meeting  in  Caroline  connty,  Virginia — 
'■Resolved.  That  the  African  trade  is  injurious  lo  this  colony.  i:c.;  and.  Iherefotr, 
thai  the  purchase  of  all  imported  slaves  ought  to  be  associated  against." — (Do.,  p. 

July  1(5,  1774,  at  a  meeting  of  Snrry  county,  Virginia — 

".■Vlh.  nr^nlred,  Tliat,  as  the  population  of  tliis  colony  with  freemen  and  usefyl 
manujaclurcrs  is  i^rrally  okstncUil  4.1/  the  importation  of  staves  and  conriet  serennU, 
we  will  not  purchase  any  such  sla»e<  ur  servants  hereafter  to  be  imported."— (Ameri- 
can Archives,  4lh  scries,  vol.  1,  p.  5113.) 

"At  a  peneral  meeting  of  the  freeholders  and  other  intialiitanls  of  the  connty  of 
Fairlax.  Virginia,  at  the  court  liou:e  in  the  town  of  Alexandria,  on  .Monday,  tJie  ifctli 
day  ot  July,  1,.4,  George  Washington,  Ksi].,  m  the  chair — 

"llrtoli'cd.  That  il  is  the  opinion  of  this  meeting,  that,  during  otir  present  dillienl- 
ties  and  dislress.  no  slaves  ought  to  be  imported  into  any  of  the  Uriliih  colonies  on  this 
coiilinent;  and  we  take  tins  o|>portuiiitv  of  declaring  our  most  earnest  wishes  to  see 
an  entire  stop  put  to  jucli  a  wicked,  ciuel,  and  unnatural  trade. 

"Resolved.  That  it  is  tlie  opinion  of  this  meeting,  that  a  solemn  covenant  and  as- 
sociation sliould  he  entered  into  by  all  the  colonies,'^'  Sic,  tic— (American  Archives, 
vol.  1,  p.  Gt>0.) 

George  Washington,  Mr.  President,  was  the  presiding  officer 
at  one  of  these  meetings.  Certain  young  men  here  may  have  heard 
something  of  this  George  Washington!  He  was  then  a  farmer  of 
Fairfax.  What  he  did  after  that  meeting,  sliall  ba  known,  remem- 
bered, and  revered,  by  a  world,  thousands  of  years  to  come,  long 
after  you  and  I,  and  all  of  us,  have  been  food  lor  worms. 

Similar  meetings  were  held,  and  similar  resolutions  pas.scd,  in 
the  following  counties  in  Virginia:  In  Hanover,  on  the  20ih  July, 
1774;  in  Princc-s  Ann,  in  July  of  the  same  year.  I  extract  from 
the  same  volume  of  Ame'riean  Archives  the  following,  which,  from 
Mr.  Jellerson's  connexion  with  it,  becomes  important: 

At  a  very  full  meeting  of  delegates  from  the  different  coanties 
in  the  Colony  and  Dominion  of  Virginia,  begun  "in  Williamsburg, 
the  1st  day  of  August,  1774,  the  following  association  was  unani. 
mously  agreed  to."  I  omit,  Mr.  President,  all  not  bearing  upon 
the  subject  of  slavery,  and  quote  only  the  following: 

"We  will  not  ourselves  import,  nor  purchase  any  stave  or  slaves  imported  by  any 
other  [leisou,  after  the  first  day  of  November  next,  either  from  Africa,  the  West  In- 
dies, or  any  other  place." 

It  seems  Mr.  JelTerson  was  a  delegate  tc)  this  convention,  but 
was  prevented  by  sickness  from  atteniling.  He  however  addressed 
a  letter  to  the  convention,  which  I  commend  to  the  especial  atten- 
tion of  gentlemen  Irom  the  South,  who  object  so  strongly  to  the 
cxpresston  of  opinions  as  to  slavery  here.  Mr.  Jeflerson,  in  one 
paragraph  in  his  letter  to  the  convention,  writes  thus,  on  the  sub- 
ject of  negro  slavery — 

"The  abolition  of  slavery  is  the  present  ohjeet  of  desire  in  these  colonies,  where  it 
was  unhappily  introduced  in  their  infant  slate.*' 

Mark  these  words,  Mr.  President.  He  complains  that  slavery 
was  introduced  into  our  American  colonies  in  their  "infant  state." 
Would  Mr.  Jeflerson,  were  he  here  to-day,  send  slavery  to  the  in- 
fant colonics  of  Oregon,  New  Mexico,  and  California?  But  Mr. 
Jefferson  goes  on  to  say — 

"But  previous  to  the  enfranchisement  ofthe  slaves  we  have,  it  is  necesi«arT  to  exclude 
all  further  importations  fioni  .\t>ica;  huL  our  repealed  allempts  to  effect  this  by  pro- 
hihilioiis,  and  by  imposing  duties  which  might  nmonnt  to  prohibition,  have  hiilierto 
been  defeated  by  his  majesty's  negative,  thus  pn^feriing  the  iminediale  advantage  of  a 
few  African  corsairs  to  the  lasting  interest  of  the  .Itnerican  States,  and  to  the  rigkta 
of  human  nature,  deeply  wounded  try  this  infamous  practice." 

Here  we  see  proofs  undeniable  that  Mr.  Jeflerson,  the  leading 
spirit  then,  cunjidently  anticipated,  not  the  continuance  and  further 
extension  of  slavery,  but  its  abolition;  and,  in  order  to  the  speedy 
"enfranchisement"  of  the  slaves  then  in  Virginia,  he  desires  to  pre- 
vent their  augmentation,  by  prohibiting  their  importation.  He 
complains  that  slavery  was  prejudicial  to  the  "infant"  colony  of 
Virginia.  Were  he  here,  would  he  not  vote  to  exclude  slavery  from 
the  "infant"  colonies  of  Oregon,  New  Mexico,  and  Calilornia? 
We  have  seen  that  he  drafted  the  clause  against  slavery  in  the  or- 
dinance of  17S7.     We  know  he  remained  unchanged  till  his  death. 

How  stood  public  opinion,  Mr.  President,  in  the  year  1775,  in 
the  State  of  Georgia?  From  the  proceedings  of  a  patriotic  asso- 
ciation in  Georgia  at  that  time,  called  the  "Darien  commiitee," 
1  take  the  following: 

"tVe,  therefore,  the  representalive^  of  the  extensive  dii;lrict  of  Dirien.  in  the  cotoity 
of  Qtoriria.  having  now  assembled  in  Congress,  by  authority  and  frc«  choice  of  ili«  in- 
habitants of  thesaid  district,  now  freed  IVoiii  tlieir  Idlers,  do  resolve — 

".'>.  To  show  the  world  that  we  aro  not  influenced  by  any  contracted  or  interested 
motives,  but  ageneral  philanthropy /or  all  mankind,  of  irhatrver  climau.  lanffuage, 
or  completion,  we  hereby  declare  ourdisapiirolialion  and  abhorrence  of  the  onoatural 
practice  of  slavery  in  .\nierica.  (however  the  uncullivated  slate  o!  our  country,  or 
other  specious  arguments  may  plead  lor  it.)  a  practice  foundcsl  in  injosUoeand  cmelty, 
anil  highly  dangerous  to  our  liberties,  (as  well  as  lives.)  deh.a.ing  (lart  of  our  fellow- 
creatures  helow  men,  and  coriuptios  the  virtue  and  morx't  of  the  rrsl;  and  as  lajlDC 
the  basis  of  that  liberty  we  contend  lor  (and  which  we  prav  the  .Mniiglily  to  contmna 
to  the  latest  posterity)  upon  a  very  wrong  foundation.  tV'e.  therefore,  resolve  at  ail 
times  to  use  our  utinost  endeavors  for  the  maunmii»sion  of  our  slaves  in  this  colony, 
U|ion  the  most  s.afe  and  equitable  footing  for  the  masters  and  themselves." — Americao 
Archives,  vol.  1,  p.  I13G.) 


942 


THE  COMPROMISE  BILL. 


[Monday, 


From  these  papers,  as  well  as  the  general  history  of  the  times, 
■we  can  see  what  the  fathers  thought  on  this  subject.  May  I  not, 
with  profounil  respect,  suggest  that  these  papers,  dated  m  1774 
and  1775,  explain  to  us  the  meaning  of  the  declaration  of  indepen- 
dence, adopted  in  1776.  Surely,  the  men  who  voted  the  foregoing 
resolutions  in  1775,  might,  very  consistently,  in  1776,  declare  as 
they  did — "Wo  hold  these  truths  to  be  self-evident,  that  all  men 
are  created  equal;  that  they  are  endowed  by  their  Creator  with 
certain  inalienable  rights;  that  among  these  are  life,  liberty,  and 
the  pursuit  of  happiness."  Well  might  these  men,  with  their 
hearts  purified  from  selfishness  by  the  dreadful  conflict  which  then 
was  seen  to  be  inevitable,  feel  that  all  men  were  equal  before  God, 
in  whom  alone  they  could  trust  for  aid  in  thai  dark  hour,  and  that 
therefore  all  men  were  or  ought  to  be  masters  of  themselves,  and 
aniwerable  only  to  the  Creator  for  the  use  they  should  make  of 
that  liberty — well  might  those  brave  good  old  men,  after  such  a 
declaration,  look  up  calmly  and  hopefully  to  the  heavens  and  de- 
clare: "And  for  the  support  of  this  declaration,  with  a  firm  reli- 
ance on  the  protection  of  Divine  Providence,  we  mutually  jilcdge 
to  each  other  our  lives,  our  fortunes,  and  our  sacred  honor."' 

Mr.  President,  these  men,  when  they  spoke  of  slavery  End  its 
extension,  did  not  get  up  some  hybrid  sort  of  "compromise,"  and 
consult  some  Supreme  Court.  They  declared  slavery  an  evil,  a 
wrong,  a  prejudice  to  free  colonies,  a  social  mischief,  and  a  polit- 
ical evil;  and  if  these  were  denied,  they  replied,  "These  truths  are 
self-evident."  And  from  the  judgments  of  men  they  appealed  to 
no  earthly  court;  they  took  an  appeal  "to  the  Supreme  Judge  of 
the  world."  When  I  am  asked  to  extend  to  this  new  empire  of  ours, 
now  in  its  infancy,  an  institution  which  they  pronounced  an  evil  to 
all  communities;  when  I  refuse  to  agree  with  some  here  whose  judg- 
ments I  revere,  and  whose  motives  I  know  to  be  pure,  I  can  only 
say,  I  stand  where  our  fathers  stood  of  old,  I  am  sustained  in  my 
position  by  the  men  \\  ho  founded  the  first  system  of  rational  liberty 
on  earth.  With  them  by  my  side,  I  can  afford  to  differ  with  those 
here  whom  I  respect.  With  such  authority  for  my  conduct,  I  can 
cheerfully  encounter  the  frowns  of  some,  the  scorn  of  all;  I  can 
turn  to  the  fathers  of  such,  and  be  comforted.  They  knew  what 
was  best  for  an  inlant  people  just  struggling  into  existence.  If 
their  <jpinions  are  worth  anything — if  the  opinions  of  the  venerated 
men  are  to  he  considered  as  authority — I  ask  southern  gentlemen 
what  they  mean  when  they  ask  me  to  extend  slavery  to  the  distant 
shores  of  the  Pacific  ocean,  and  the  slave  trade  betwen  Maryland 
and  Virginia  and  that  almost  unknown  country. 

I  am  considering  the  propriety  of  doing  this  thing  as  if  the  ques- 
tion were  now  for  the  first  time  presented  to  us.  I  ask  any  soul  h- 
ern  man,  if  there  were  not  a  slave  on  this  continent,  would  you 
send  your  ships  to  Africa,  and  bring  them  here?  Suppose  this 
confederation  of  ours  had  iieen  formed  before  a  slave  existed  in  it, 
and  suppose  here,  in  the  year  of  grace  1848,  you  had  acquired 
California  and  New  Mexico,  and  you  were  told  that  there  existed 
a  modified  system  of  slavery  there,  and  that  they  wanted  laborers 
there,  would  a  Senator  rise  in  his  place  and  say,  we  will  authorize 
the  African  slave  trade,  in  order  to  introduce  laborers  into  our  in- 
fant colonies?  If  you  would  not  bring  them  from  the  shores  ol  Af- 
rica— buying  them  with  some  imagined  "partus  sequilur  ventrfin" 
branded  on  tliem  somewhhere,  how  can  you  prove  to  me  that  it 
would  be  right  to  transfer  them  from  Maryland  or  Virginia,  3,000 
miles,  to  the  shores  of  the  Pacific?  If  slavery  were  a  eurso  to  ytui 
in  the  beglnninir,  but  struck  its  roots  so  tleep  into  your  soci:il  and 
municipal  system  as  was  then  said,  that  it  conid  not  be  eradicated 
entirely,  how  is  it  ihat  you  call  upon  me,  as  a  matter  of  conscience 
and  dnty,  to  transfer  this  curse  to  an  area  of  square  miles  greatly 
exceeding  that  of  the  thirteen  States,  when  the  confederation  was 
formed?  If  it  is  so  that  it  is  an  evil — and  so  all  you  statesmen 
have  pronounced  it,  and  so  all  your  eminent  men,  with  the  e.xeep- 
tion  of  a  few  in  modern  times,  have  regarded  it — how  is  it  that 
vou  call  upon  ino  to  extend  it  to  those  vast  dominions  which  yon 
have  recently  acquired?  Is  it  true  that  I  am  obliged  lo  receive 
into  my  family  a  man  with  the  small-pox  or  leprosy,  that  they  mtiy 
be  infected?  1  know  you  do  not  consider  it  in  that  light  now.  But 
the  gentleman  from  Virginia  has  said  that  it  must  be  done.  Why? 
Because  it  is  compassion  to  the  slave.  He  cannot  be  nurtured  m 
Virginia;  your  lands  are  worn  out.  Sir,  that  statement  sounded 
ominious  in  my  ears.  It  gave  rise  to  some  reflection.  Why  are 
your  lands  worn  out?  Are  the  lands  of  Pennsylvania  worn  out? 
Are  those  of  Connecticut  worn  out?  Is  not  Massachusetts  more 
productive  to-day  than  when  the  foot  of  the  white  man  was  first 
impressed  upon  her  soil?  Your  lands  are  worn  out,  liecatise  the 
slave  has  turned  pale  the  land  wherever  he  has  set  down  his  black 
foot!  Ii  is  slave  labor  that  has  done  all  this.  And  must  we  then 
extend  to  tlieso  territories  that  which  produces  steriliiy  wherever 
it  is  found,  till  barren  desolation  shall  cover  the  whole  land'  If 
you  call  upon  me,  as  a  matter  of  compassion,  to  send  the  slave  to 
California  and  Oregon,  you  call  upon  me  by  the  5;ame  sacred  ob- 
ligation to  receive  him  into  Ohio  as  a  slave;  and  I  would  be  just 
as  much  bound,  as  a  citizen  of  Ohio,  to  say  that  the  constitution 
should  be  so  construed  as  to  admit  slaves  there,  because  they  have 
made  the  land  in  Virginia  barren,  and  they  and  their  masters  were 
perishing,  till  Ohio  had  also  become  a  wilderness.  That  reason 
will  not  do.  Sensitive  as  Ohio  may  appear  to  the  morbid  benevo- 
lence spoken  of — with  which  I  have  no  sympathy  at  all — we  can 
see  through  that — the  citizens  of  Ohio  cannot  accept  these  men 
upon  such  terms. 

What  is  there  in  the  way,  then,  of  my  giving  an  intelligent  vote 
on  this  subject  ?  Nothing  at  all.  I  woulil  take  this  bill  in  a  mo- 
ment, if  I  had  faith  in  the  processes  through  which  that  law  is  to 


pass  until  it  becomes  a  law  in  the  chamber  below.  But  I  have 
not  that  Aiith,  and  I  will  tell  the  gentleman  why.  It  is  a  sad 
commentary  upon  the  perfection  of  human  reason,  that  with  but 
very  few  exceptions,  gentlemen  coming  from  a  slave  State — and  I 
think  I  have  one  behind  me  who  ought  always  to  be  before  me — ■ 
[Mr.  Badger,]  with  a  very  few  exceptions,  all  eminent  lawyers 
on  this  floor  from  that  section  of  the  country,  have  arsued  that 
you  have  no  right  to  prohibit  the  introduction  of  slavery  into  Ore- 
gon, California,  and  New  Mexico;  while,  on  the  other  hand,  there 
is  not  a  man,  with  few  exceptions,  (and  some  highly  respectable,) 
in  the  free  States,  learned  or  unlearned,  clerical  or  lay,  who  has 
any  pretensions  to  legal  knowledge,  but  believes  in  his  conscience 
that  you  have  a  right  to  prohibit  slavery.  Is  not  that  a  curious 
commentary  upon  that  wonderful  thing  called  human  reason  ? 

Mr.  UNDERWOOD.— It  is  regulated  by  a  line  ! 

Mr.  CORWIN  —Yes,  by  36  deg.  30  min.,  and  what  is  black 
on  one  side  of  the  line  is  white  on  the  other,  turning  to  jet  black 
again  when  restored  to  its  original  locality.  How  is  that?  Can 
I  have  confidence  in  the  Supreme  Court  of  the  United  Stafes, 
when  my  confidence  fails  in  Senators  around  me  here  ?  Do  I  ex- 
pect that  the  members  of  that  body  will  be  more  careful  than  the 
Senators  from  Georgia  and  South  Carolina  to  form  their  opinions 
without  any  regard  to  selfish  considerations?  Cm  I  suppose  that 
either  ofihose  gentlemen,  or  the  gentleman  from  Georgia  on  the 
other  side  of  the  chamber,  [Mr.  Johnson,]  or  the  learned  Sena- 
tor from  Mississippi,  [Mr.  Davis,]  who  tliouirht  it  exceedingly 
wrong  that  we  should  attempt  to  restrain  the  A'miL'hty  in  the  ex- 
ecution of  His  purptises,  ;is  revealeJ  to  us  by  Noah — can  I  suppose 
that  these  Senators,  with  all  the  terrible  responsibilities  which  press 
upon  us  when  engaged  in  legijliting  for  a  whole  cmpiie,  came  to 
their  conclusions  without  the  most  anxious  deliberation  ?  And 
yet ,  on  one  side  of  the  line,  in  the  slave  States,  the  constitution 
reads  yea,  while  on  the  other,  after  theexereise  of  an  equal  degree 
of  intelligence,  calmness,  and  deliberation,  in  the  free  States  the 
constitution  is  made  to  read  nay. 

I  admire  the  Supreme  Court  of  the  United  States  as  a  tribunal. 
I  admire  the  wi-sdom  which  contrived  it.  I  rejoice  in  the  good 
consequences  to  this  republic  from  the  exercise  ol  its  functions.  I 
also  levere  the  Senate  of  the  United  States.  Here  is  the  most  au- 
gust body  in  the  world,  thoy  say,  composed  of  men  who  have 
wasted  the  midnight  oil  from  year  to  year — men  who  in  cloisters, 
in  courts,  in  legislative  halls,  have  been  reaping  the  fruits  of  ripe 
experience,  and  suddenly  their  mighty  intellects,  able  to  scan 
everything,  however  minute,  and  comprehend  everything,  however 
grand,  utterly  fail  them,  and  they  kneel  down  in  dumb  insignifi- 
cance, and  iinpli're  the  Supreme  Court  to  read  the  constitution  for 
them.  I  think  ihe  Senator  from  South  Carolina  must  have  had 
some  new  liL'ht  upon  the  subject  within  the  last  few  years,  and 
that  several  of  my  democratic  friends  on  all  sides  of  the  chamber 
must  have  been  smitten  with  new  love  for  the  power  and  wisdom 
of  the  Supreme  Court-  Do  you  remember  the  ease  adverted  to 
by  the  Senator  from  New  Jersey  to-day?  I  recollect  very  well 
when  we  did  not  stop  to  inquire  how  the  Supreme  Court  had  de- 
cided or  ordained.  It  had  decided,  with  John  Marshal  at  its  head 
— a  man  whose  lightest  conjectures  ujion  the  subject  of  constitu- 
tional law  have  always  had  with  me  as  much  weight  as  the  well- 
considerod  opinion  of  almost  any  other  man — that  Congress  had 
power  to  establish  just  such  a  bank  as  you  had;  but  wiili  what  in- 
finite scorn  did  democratic  gentlemen — Jackson  democrats  as  they 
choose  to  be  call  -d — curl  their  lips  when  referred  :o  that  decision 
of  the  Supreme  Court.  Then  the  cry  was,  "  We  are  judges  for 
ourselves;  we  make  no  law  unless  we  have  the  power  to  enact  it." 
Now,  however,  the  doctrine  is.  that  there  is  one  only  tribunal  com- 
petent to  put  the  matter  at  rest  forever.  We  are  to  thank  God, 
that  though  all  should  fail,  there  is  an  infyllible  depository  of  trnlh, 
and  it  lives  once  a  year  for  three  months,  in  a  little  chamber  be- 
low us  I  We  can  go  there.  Now,  I  understand  my  duty  here  to 
be,  to  ascertain  what  conslifuiional  power  we  have  ;  and  when  I 
have  ascertained  that,  I  act  without  reference  to  what  the  Su- 
preme Court  may  do — f>r  they  have  yet  furnished  no  guide  on  the 
subject — we  are  to  take  it  for  granteil  that  tliev  will  concur  with 
us.  I  agree  with  gentlemen  who  have  been  so  lofty  in  their  en- 
comiums upon  that  court,  that  their  decision,  whether  right  or 
wrong,  controls  our  action.  But  we  have  not  hitherto  endeavored 
to  ascertain  what  the  Supreme  Court  would  do.  I  wish  next  to 
ascertain  in  what  mode  this  wonderful  response  is  to  tie  obtained 
— not  from  the  Deliihie  Oracle,  but  from  that  infallible  divinity, 
the  Supreme  Court.  How  is  it  to  be  done  ?  A  gentleman  starts 
from  Baltimore,  in  Maryland,  with  a  dozen  black  men,  who  have 
been  slaves  ;  he  takes  them  to  Calif  irnia,  3,000  miles  off.  Now, 
I  don't  know  how  it  may  be  in  other  parts  of  the  world,  but  I 
know  that  in  the  State  of  Ohio  we  do  not  travel  3,000  miles  to  get 
justice.  What,  then,  is  the  admirable  contrivance  in  this  bill  by 
which  we  can  gel  at  the  meaning  of  the  constitution  ?  It  seems 
the  meaning  of  the  constitution  is  to  be  forever  hiiiden  from  us 
until  light  shall  be  given  by  the  Supreme  Court.  Sir,  this  bill 
seems  to  me  a  rich  and  rare  legislative  CHriosily.  It  docs  not 
enact  "  a  law,''  which  1  had  supposed  the  usual  function  of  legis- 
lation. No,  sir  ;  it  only  enacts  a  "lawsuit."  So  we  virtually 
enact,  that  when  the  Supreme  Court  say  we  can  make  law,  then 
we  have  made  it ! 

But,  sir,  to  have  a  fair  trial  of  this  question,  so  as  to  make  it 
efTectual  to  keep  slaves  out  of  our  territories,  all  must  admit  this 
trial  should  be  had  before  slaves  have  become  numerous  there.  If 
slavery  goes  there  aiiU  remains  there  for  one  year,  according  to  all 


July  24.] 


THE  COMPROMISE  BILL. 


943 


experience,  it  is  eternal.  Let  it  bin  plant  its  roots  there,  and  the 
next  thing  you  will  liear  will  be  earnest  appeals  about  the  ri-ihts 
of  property.  It  will  he  said  :  "  The  Senate  did  not  tay  we  hail  no 
rijjht  to  eome  here.  The  House  of  Representatives,  a  body  ofyen- 
tleinen  elected  from  all  parts  of  the  country,  on  account  of  their 
sagacity  and  Ic'ral  attainments,  did  not  prohibit  us  from  coming 
here.  I  thirugh  I  had  a  right  to  come  hero:  the  Senator  Ironi 
South  Carolina  said  I  had  a  right  to  come  ;  the  honorable  Sena- 
tor from  Georgia  said  that  I  had  a  right  to  come  here,  his  col- 
league said  that  it  was  a  right  secured  to  me  somewhere 
high  up  in  the  clouds,  and  not  belonging  to  tho  world  ;  the  Senator 
from  Mississi|ipi  said  it  wf.s  the  ordinance  of  Heaven,  sanciified 
by  decrees  and  revealed  through  propliesy.  Am  I  not,  ihen,  to 
enjoy  the  privileges  thus  so  fully  secured  to  mo  ?  }  have  property 
here  ;  several  of  my  women  liave  borne  children,  «ho  have  partus 
seguitur  vaitrem  born  with  them  :  they  are  my  property."  Thus 
ti.e  appeal  will  be  made  to  their  fellow-citizens  iiround  them  ;  and 
it  will  be  a!.ked  whether  you  are  prepared  to  strike  down  tlie  pro- 
perty which  the  sciilcr  in  those  territories  has  thus  acquired? 
That  will  be  the  case,  unless  the  negro  from  Baltimore,  when  he 
pets  there  and  sees  peons  there — slaves  not  by  hereditary  taint, 
but  by  a  much  better  title — a  verdict  before  a  justice  of  the  peace 
—should  determine  to  avail  himself  of  the  admirable  facilities  af- 
forded him  by  this  bill  for  gaining  his  freedom.  Suppose  my 
friend  from  New  Hampshire,  when  he  goes  home,  gets  up  a  meet- 
ing and  collects  a  fuiid  for  the  purpose  of  sending  a  missionary 
after  these  men  ;  and  when  the  missionary  arrives  there,  ho  pro- 
poses to  hold  a  prayer  meeiing  ;  he  gets  up  a  meeting,  as  they 
used  to  do  in  Yankee  times,  "  for  the  improvement  of  gifts."  He 
goes  to  the  negro  quarter  of  this  gentleman  from  Baltimore,  and 
says  :  ''  Come  I  want  ibis  brother  ;  it  is  true  he  is  a  son  of  Ham, 
but  I  want  to  insiruct  him  thai,  he  is  free."  I  am  very  much  in- 
clined to  tliink  that  the  missionary  would  fare  very  mueli  as  one 
did  in  South  Carolina,  at  the  hands  of  him  from  Baltimore.  This 
bill  supposes  the  negro  is  to  start  all  at  once  into  a  free  Anglo. 
Saxon  in  Califon  ia — the  blood  of  liberty  flowing  in  every  vein, 
and  its  divine  impulses  throbbing  in  his  heart.  He  is  to  say  :  "'  I 
am  free  ;  I  am  a  (Jalifornian  ;  I  bring  tho  right  of  habeas  corpus 
with  me."  At  last  he  is  brought  up  on  a  writ  o{  habeas  corpus — 
before  whom  ?  Verv  likely  one  of  those  gcntleiuen  who  have  been 
proclaiming  that  slavery  has  a  right  to  go  tlierc  j  for  such  are  the 
men  that  Mr.  Polk  is  likely  to  appoint.  He  has  prejudged  the 
case.  On  the  faith  of  his  opinion  the  slave  has  been  brought  there 
— what  can  he  do  i  There  is  his  recorded  judgment  printed  in 
your  Congressional  report — what  will  he  say  ?  "  You  arc  a  slave. 
Mr.  Calhoun  was  right.  Judge  Berrien,  of  Georgia,  a  profound 
lawyer,  whom  I  knew  w^ell,  was  right.  I  know  these  gentleuien 
well ;  their  opinion  is  entitled  to  the  highest  authority  ;  and.  in 
the  face  of  it,  it  does  not  become  me  to  say  that  you  are  free — so, 
boy,  go  to  your  master  ;  you  belong  to  the  class  partus  scquitur 
ventrcm;  you  are  not  ([uite  onough  tif  a  Saxon  !"  What,  then,  is 
to  be  done  by  this  bill  '  Oh  !  a  writ  of  error  or  appeal  can  coino 
to  the  Supreme  Court  of  the  United  States.  How  ?  The  negro, 
if  he  is  to  be  treated  like  a  white  man,  taking  out  an  appeal,  must 
give  bonds  in  double  the  value  of  the  subject-matter  in  dispute. 
And  what  is  that  ?  If  you  consider  it  the  mercantile  value  of  the 
negro,  it  may  bo  perhaps  Sl-OOtJ  or  .$2,000.  But  he  cannot  have 
the  appeal  according  to  this  bill,  unless  the  value  of  the  thing  in 
controversy  amounts  to  the  value  of  S2,000.  But,  then,  there 
comes  in  this  ideality  of  personal  liberty.  What  is  it  worth? 
Kothing  at  all — says  ilie  Senator  from  South  Carolina — to  this  fel- 
low, who  is  better  without  it.  And  under  this  complexity  of  le- 
gal quibbling  and  litigation,  it  is  expected  that  the  negro  will 
stand  there  and  contend  with  his  master,  and  coming  on  to  Wash, 
ington,  will  prosecute  his  appeal  two  years  before  tho  Supreme 
Court,  enjoying  the  opportunity  of  visiting  his  old  friends  about 
Baltimore  I 

And  now,  Mr.  President,  if  we  have  found  upon  the  opinions  of 
wise  ones  of  old,  upon  the  observations  of  past  and  present  time, 
that  involuntary  slavery  is  not  useful,  prolitablc,  or  beneficial  to 
either  master  or  slave,  that  such  institutions  only  become  tolera- 
ble because,  when  long  established,  the  evil  is  less  than  those  con- 
sequences which  would  follow  their  sudden  change,  1  think  it  will 
be  admitted  that  we  should  prohibit  involuntary  servitude  in  the 
territories  over  which  we  have  control. 

Here,  then,  tho  question  arises,  have  we  this  prohibitory  pow- 
er ?  I  have  already  said,  that  where  the  Supreme  Court  of  the 
United  States  has  solemnly  adjudged  any  power  to  belong  to  any 
branch  of  this  government,  such  adjudication  should,  until  over- 
ruled, have  great  if  not  controlling  weight  with  Congress.  What, 
then,  are  the  adjudications  of  thai  court  upon  this  point  ?  I  quote 
from  tho  ease  so  often  referred  to,  American  Insurance  Company 
vs  Carter,  (1st  Peters's  Reports,  page  511.)  On  page  542  of 
that  case  the  court  say  : 

"  Tlip  constitution  confers  absolutely  on  the  government  of  the  Union  tlie  powers 
of  making  war  anil  of  makinji  treaties.  Consequently  tliat  government  jiosscsaes  the 
power  of  acquiring  territory  vithcr  by  cttnqticst  or  trnittj." 

Again,  on  the  same  page,  the  right  to  make  law  for  a  territory 
is  thus  spoken  of: 

"  Perhaps  the  power  of  governing  a  territorv  of  the  United  Stales,  wliich  has  not, 
by  becoming  a  State  acquired  ttie  means  of  selt'-governinent.  mav  resnll  necessarily 
from  the  fact  that  it  is  not  wilhiii  I  he  jurisdiction  oi'any  particular  State,  and  is  with- 
in the  power  and  jurisdiction  of  the  United  States.  The  right  to  govern  may  be  the 
tnevitalrle  consequence  of  the  right  to  acquire  territory  :  but  ^v]lichever  may  he  the 
Bource  whence  the  power  is  derived,  the  possession  of  it  is  wvgucstioncti." 

Nothing  can  be  clearer  or  more  satisfactory  on  this  point. — 


Willie  this  doctrine  conforms  to  the  plain  dictates  of  reason,  it  is 
Baiisfactory  to  know  that  the  principle  has  been  strengthened  by 
the  uniform  practice  under  the  constitution.  The  latter  class  ol" 
eases  is  too  numerous  to  permit  eveu  a  reference  to  them  all. 
They.havo  been  frequently  adverted  to  in  this  debate,  and  there- 
fore I  need  not  again  bring  tiicm  to  the  attention  of  the  Senate. 
I  therefore  find  the  power  of  Congress  to  make  law  for  a  territo- 
ry absolute  and  unlimited.  I  have  only  to  consider  whether  a  law 
prohibiting  slavery  in  a  territory  where  slavery  docs  not  already 
exist,  is  sound  policy  for  such  territory. 

No,  if  we  can  make  any  law  whatever  not  contrary  to  tho  ex- 
press prohibitions  of  the  constitution,  we  can  enact  that  a  man 
with  $60,000  worth  of  bank  notes  of  Maryland  shall  forfeit  the 
whole  amount  if  he  attempts  to  pass  one  ol  ihcm  in  ibc  territory 
of  California  We  may  say,  if  a  man  carry  a  menagerie  of  wild 
beasts  there  worth  $500,000,  and  undertakes  to  exhibit  ihcra  there 
he  shall  forfeit  them.  The  man  comes  back  with  bis  menagerie, 
and  says  that  the  law  forbade  him  to  exhibit  his  animals  there  ;  it 
was  thought  that,  as  an  eeonomieaj  arrangement,  such  things 
should  not  to  be  tolerated  there.  That  you  may  do  :  he  of  the  lions 
and  tigers  goes  back,  having  lost  his  whole  concern  But  now  yon 
taken  slave  to  California,  and  instantly  your  power  falls;  all  the  pow- 
er of  the  sovereignty  of  this  country  is  impotent  to  sto|i  him.  Tliat 
is  a  strange  sort  of  argument  to  me.  It  has  always  been  consid- 
ered that  when  a  State  fo'ms  its  constitution  it  can  exclude  slave- 
ry. Why  so?  Because  it  chances  to  consider  it  an  evil.  If  it  bo 
a  proper  subject  of  legislation  in  a  State,  and  we  have  absolute 
legislative  power,  transferred  to  us  by  virtue  of  this  bloody  power 
of  conquest,  as  some  say,  or  by  purchase,  as  others  maintain,  I 
ask — why  may  we  not  act  ?  Again — considering  this  as  an  ab- 
stract question — are  there  not  duties  devolving  upon  us,  for  the 
performance  of  which  wo  may  not  be  responsible  to  any  earthly 
tribunal,  but  for  wliich  God  has  created  us  all  will  hold  us  ac- 
countable ?  AVhat  is  your  duty,  above  all  others,  to  a  conquered 
people  ?  You  say  it  is  your  duty  to  give  them  a  government — 
niav  you  not,  then,  do  everything  lor  them  which  yon  are  not  for- 
bidden to  do  by  some  fundamental  axiomatic  truth  at  the  founda- 
tion of  your  constitution  ?  Show  me,  then,  how  your  action  is  pre- 
cluded, and  I  submit.  Though  I  believe  it  ought  to  be  otherwise, 
yet,  if  the  constitution  of  my  country  forbids  mc,  I  yield.  The 
constitutions  of  many  States  declare  slavery  to  be  an  evil.  South- 
ern gentlemen  have  said  that  they  would  have  done  away  with 
it  if  possible,  and  they  have  apologized  to  the  world  and  to  them- 
selves for  tho  existence  of  it  in  their  States.  These  honest  old 
men  of  another  day  never  could  have  failed  to  strike  off  the  chains 
from  every  negro  in  the  colonies,  if  it  had  been  possible  for  ibcm 
to  do  so  without  upturning  the  foundations  of  society. 

I  do  not  revive  these  things  to  wound  the  feelings  of  gentlemen. 
I  know  some  of  them  consider  this  institution  as  valuable  j  but 
many  of  them,  I  also  know,  regard  it  as  an  evil.  But  slavery  is 
not  in  Oregon,  it  is  not  in  California  ;  and  when  [  find  that  you 
have  trampled  down  the  people  in  order  to  extend  your  dominion 
over  them,  I  feel  it  to  be  my  duly,  when  you  appeal  to  mo  to 
make  laws  for  them,  and  the  Supreme  Court  has  said  that  I  have 
the  power  to  do  so  to  avert  from  them  this  evil  of  slavery,  and 
establish  free  institutions,  under  which  no  man  can  say  that  ano- 
ther is  his  propertv.  I  do  not  doubt  this  power.  I  know  that  it 
has  been  considered  of  old,  front  17S7  till  the  present  hour,  to  be 
vested  in  Congress.  The  judicial  tribunals  in  the  West  have  con- 
sidered it  so,  and  the  Supremo  Court  of  the  United  States  have 
said  in  that  decision,  so  often  referred  to,  that  it  was  so.  Have 
they  found  any  restrictions  upon  us  ?  No.  And  what  would  you 
do  if  you  were  in  Oregon  to  day,  and  it  were  a  State  ?  What 
would  you  do,  and  you,  and  you?  Would  any  man  here,  il  ho 
were  acting  in  a  legislative  capacity,  say,  "  I  feel  myself  bound  to 
admit  this  evil  into  this  country  for  the  benefit  of  some  of  the 
Slates  who  are  overburdened  with  slaves  ?"  If  this  were  true,  it 
would  be  the  duty  of  the  free  States,  in  that  fraternal  spirit  which 
ought  to  prevail  between  tho  various  States  of  the  Union,  lo  ad- 
mit slaves  whenever  the  slave  Stales  became  overburdened  with 
them.  Do  we  so  act  in  legislating  for  our  States  ?  No  ;  we  say, 
"  enjoy  your  slaves,  or  free  them,  as  you  will,  but  is  is  our  wish 
that  there  shall  be  no  slavery  here."  You  may  implore  a  State, 
if  you  will,  to  take  slaves  into  its  bosom  for  your  convenience,  bat 
they  do  not  feel  themselves  bound  by  any  government  obligation 
to  do  it.  Am  I  not,  then,  bound  to  lay  the  foundations  of  that  State 
for  whose  future  progress  I  am  to  be  responsible,  in  the  way 
which  I  think  the  most  likely  to  produce  beneficial  results  to  the 
people  there  ?  And  when  I  find  myself  possecsed  of  this  power, 
and  clothed  with  commensurate  responsibility,  no  threats  of  disso- 
lution of  the  Union,  no  heartburnings  here  or  there,  and,  least  of 
all — that  which  we  have  heard  much  of  out  ol  doors — the  coming 
Presidential  election,  shall  deter  me  from  pursuing  this  course.  I 
am  for  making  a  law  in  the  language  of  the  ordinance  ol  17h7  ;  I 
would  have  it  enacted  that  slavery  shall  never  exist  in  that  coun- 
trv.  Then,  when  my  black  man  comes  to  the  Supreme  Court  of 
the  United  States,  as  provided  in  this  bill,  he  comes  with  a  posi- 
tive law  in  his  favor,  that  court  must  overrule  the  decision  ol  the 
case  in  Peters,  or  else  such  appeal  must  be  sustained.  Then  wo 
will  have  acteil  upon  the  subject — we  will  have  forbidden  slavery. 
I  observed  ihat  some  gentlemen  who  handled  this  subject  were 
very  careful  to  repeat,  with  emphasis,  that  slavery  may  go  where 
it  is  not  prohibited.  That  is  the  re.ison  I  prefer  the  ordinance  of 
1787  to  the  so-called  compromise  bill.  I  have  no  doubt  that  every 
Senator  who  assented  to  that  bill  convinced  himself  that  it  was  tho 
best  we  could  pass.     I  have  no  doubt  that  our  friends  from  the 


944 


THE  COMPROMISE  BILL, 


[Monday, 


North  thought  it  woulJ  be  effective  in  preventing  slavery  in  these 
territories.  But  I  see  that  the  Senator  I'rom  South  Carolina  does 
not  think  so.  He  supports  the  bill  for  the  very  reason  that  it  will 
admit  slavery  ;  the  Senator  IVoni  Vermont  for  the  very  reason  that 
slavery  is  forbidden  by  it.  Now,  in  this  confusion  of  ideas,  I  de- 
sire that  Congress,  if  it  have  any  ojiinion.  expi'ess  it. 

If  we  have  any  power  to  le^islale  over  these  territories,  how 
long  would  It  take  to  write  down  the  sixth  article  of  the  ordinance 
of  1787  ?  Those  of  us  who  think  that  ought  to  be  a  fundamental 
law  in  the  organization  of  territories  will  vote  for  it ;  and  those  of 
us  who  believe  otherwise,  will  vote  against  it,  and  whichever  par- 
ty triumphs,  will  give  law  to  Oregon  and  California,  bearing  tlio 
responsibility.  But  I  must  sav,  that  1  tlo  not  like  what  appears 
to  nie — I  say  it  in  no  oUensive  sense — a  shutlling  olithc  responsi- 
bility which  is  upon  us  now,  and  which  we  cannot  avoid.  Tho 
Supreme  Court  may  overrule  our  decision  ;  but  if  we  think  we 
have  power  to  ordain  that  slavery  shall  ncit  exist  in  that  territory, 
let  us  say  so  ;  if  not,  let  us  so  decide.  Let  us  not  evade  the  ques- 
tion altogether. 

That  honorable  Senators  who  reported  this  bill  bad  its  passage 
very  much  at  heart,  I  have  no  doubt  ;  nor  do  I  feel  disposed  to  de- 
ny ihat  every  man  of  them  lielieved  that  it  was  just  such  a  mea- 
sure as  was  calculated  to  give  tranijuility  to  the  agitated  minds  of 
the  people  of  this  country.  Well,  I  do  not  care  for  that  agitation 
farther  than  tl  at  I  will  look  to  it  as  a  motive  to  inquire  carefully 
what  my  powers  and  my  duties  are.  I  have  heard  much  of  this — 1 
have  been  myself  a  prophet  of  dissolution  of  this  Union  ;  but  I 
have  seen  the  Union  of  these  States  survive  so  many  shocks,  that 
I  am  not  afraid  of  dissolution.  Perhaps,  indeed,  when  this  cry  of 
wolf  has  been  long  disregarded,  be  may  come  at  last  when  not  ex- 
pected ;  but  I  do  not  believe  that  the  jieoplc  of  the  South  are  wil- 
ling to  sever  themselves  from  this  rc|inblic  because  we  will  not  es- 
tablish slavery  here  or  there.  If  we  have  no  power  to  pass  the 
o/dinance  of  1787,  let  the  people  of  the  South  go  to  the  Supreme 
Court,  and  have  the  question  decided.  It  will  only  bo  a  few 
months  till  the  court  resumes  its  session  here,  and  the  question  can 
then  be  tried.  If  the  decision  be  against  us,  the  gentlemen  of  the 
South  can  at  once  commence  their  emigration  to  these  territories. 
Let  us  then  make  the  law  as  we  think  it  ought  to  be   made  now. 

I  am  the  more  confirmed  in  the  course  ■which  I  am  dctermired 
to  pursue,  by  some  historical  facts  elicited  in  this  very  discussion. 
I  remember  what  was  said  by  the  Senator  from  Virginia  the  other 
day.  It  is  a  truth,  that  when  the  constitution  of  the  United 
States  was  made.  South  Carolina  and  Georgia  refused  to  come  in- 
to the  Union  unless  the  slave  trade  should  be  cnnlinued  for  tw^en- 
ty  years  ;  and  the  North  agreed  that  they  would  vote  to  continue 
the  slave  trade  (or  twenty  years  ;  yes,  voted  that  this  new  repub- 
lic should  engage  in  piracy  and  murder  at  the  will  of  tw-o  States  ! 
So  the  history  reads  ;  and  the  condition  of  the  agreement  was, 
that  those  two  States  should  agree  to  some  arrangement  about 
navigation  laws!  I  do  not  blame  South  Carolina  and  Georgia  for 
this  transaction  any  more  than  I  do  those  northern  Slates  who 
shared  in  it.  But  suppose  the  question  were  now  presented  here 
by  any  one,  whether  we  should  adopt  the  foreign  slave  trade  and 
continue  it  for  twenty  years,  would  not  the  W'hole  land  turn  pale 
with  horror,  that,  in  the  middle  of  the  nineteenth  century,  a  citi- 
zen of  a  free  community,  a  Senator  of  the  United  States,  should 
dare  to  propose  the  adoption  of  a  system  that  has  been  denomi- 
nated piracy  and  inurtler,  and  is  by  law  punished  by  death  all  over 
Christendom  ?  What  did  they  do  then  ?  They  had  the  power  to 
prohibit  it  ;  but,  at  tlie  command  of  these  two  States,  they  allow- 
ed that  to  be  inlroihiced  into  the  constitution  to  which  much  of 
slavery  now  existing  in  our  land  is  clearly  to  be  traced.  For  who 
can  doubt  that,  but  for  that  woful  bargain,  slavery  would  by  this 
time  have  disappeared  from  all  the  Slates  then  in  the  Union,  with 
one  or  two  exceptions?  The  number  of  slaves  in  the  United 
States  at  this  period  was  about  six  hundred  thousand  ;  it  is  now 
three  millions.  And  just  as  j'ou  extend  the  area  of  slavery,  so 
you  multiply  the  dilliculties  which  lie  in  tliO  wav  of  its  extermina- 
tion. It  had  been  inlinitely  better  that  day  that  South  Carolina 
and  Georgia  had  remained  out  of  the  Union  for  a  while,  rather 
than  that  the  constitution  should  have  been  made  to  sanction  the 
slave  trade  for  twenty  years.  The  dissolution  of  the  old  confede- 
ration would  have  been  nothing  in  comparison  with  that  recogni- 
ti(m  of  piracy  and  murder.  I  can  conceive  of  nothing  in  the  dark 
record  of  man's  enormities,  from  the  death  of  Abel  down  to  this 
hour,  so  horrible  as  that  of  stealing  people  from  their  own  home, 
and  making  them  and  their  posterity  slaves  forever.  It  is  a  crime 
which  we  know  has  been  visited  with  such  signal  punishment  in 
tho  history  ol  nations  as  to  warrant  the  belief  that  Heaven  itself 
had  luterferred  to  avenge  the  wrongs  of  earth. 

In  thus  characterizing  the  accursed  'radio,  I  speak  but  the  com- 
mon sentiment  of  all  mankind.  I  could  not,  if  I  taxed  my  feeble 
intellect  to  the  utmost,  ilcnouncc  it  in  language  as  strong  as  that 
uttered  by  Thomas  JelH;rson  him.solf.  Nay,  more — tho  spirit  of 
that  great  man  descending  to  his  grandson,  in  your  Virginia  con- 
vention, denounced  tho  slave  trade,  as  now  carried  on  between 
tho  States,  as  being  no  less  infamous  thiin  that  foreign  slave  tratio 
carried  on  in  ships  that  went  down  into  tho  sea.  1  speak  of  Tho- 
mas JelTerson  Randolph.  If  you  would  not  go  to  Africa,  and 
thence  people  California  with  slaves,  may  yon  not  perpetuate 
equal  enormities  here  ?  You  take  the  child  from  its  moiher's  bo- 
som— you  separate  Imsbaiid  and  wife — and  you  transport  thera 
three  thousand  miles  off  to  tho  shores  of  the  I'acilic  ocean. 

I  know  that  this  is  a  peculiar  institution  ;  and  I  doubt  not  that 
in  the  hands  of  such  geiitlomcu  us  talk  about  it  here,  it  may  bo 


made  very  attractive.  It  may  be  a  very  agreeable  sight  to  behold 
a  large  company  of  dependents,  kindly  treated  by  a  benevolent 
master,  and  to  trace  the  manifestations  of  gratitude  which  they 
exhibit.  But  in  my  eyes  a  much  more  grateful  spectacle  would 
be  that  of  a  patriarch  in  the  same  neighborhood,  with  his  depend- 
ents all  around  him,  invested  with  all  the  attributes  of  freedom 
bestowed  upon  them  by  the  common  father,  in  whose  sight  all  are 
alike  precious  !  It  is,  indeed,  a  very  "peculiar"  institution.  Ac- 
cording to  the  account  of  the  Senator  from  Mississippi,  [Mr.  Da- 
vis.] this  institution  exhibits  all  that  is  most  amiable  and  beauti- 
ful in  our  nature.  That  Senator  drew  a  picture  of  an  old,  grey- 
headed negro  woman,  exhausting  the  kindness  of  her  heart  upon 
the  white  child  she  had  nursed.  This  is  (rue  ;  and  it  shows  the 
good  master  and  tho  grateful  servant  Bnt,  sir,  all  are  not  such 
as  these.  The  Senator  concealed  the  other  side  of  the  picture  ; 
and  it  was  only  revealed  to  us  by  the  quick  apprehension  of  the 
Senator  from  Florida,  [Mr.  We.stcott,]  who  wanted  the  power 
to  send  a  patrol  all  over  tho  country  to  prevent  the  slaves  from 
rising  to  upturn  tho  order  of  society  !  I  had  almost  believed,  af- 
ter hearing  the  beautiful,  romantic,  sentimental  narration  of  the 
Senator  from  Mississippi,  that  God  had,  indeed,  as  he  said,  made 
this  people  in  Africa  to  come  over  here  and  wait  upon  us.  till  tha 
Senator  from  Florida  waked  me  up  to  a  recollection  of  the  old  doc- 
trines of  Washington  and  Jefferson,  by  assuring  us  that  wherever 
that  p.ilriarchal  institution  existed,  a  rigid  pjlice  should  be  main- 
tained in  order  to  prevent  the  uprising  of  tlie  slave.  Sir,  it  is  in- 
deed a  peculiar  institution.  I  know  many  good  men,  who  as  mas- 
ters, honor  human  nature,  by  the  kindness,  equity  and  moderation 
of  their  rule  and  government  of  their  slaves  ;  but  put  a  bad  man, 
as  sometimes  happens,  as  ofun  happens,  in  possession  of  uncontrolled 
dominion  over  another,  black  or  white,  and  then  wrongs  follow- 
that  make  angels  weep.  It  is,  sir,  a  troublesome  institution  ;  it 
requires  too  much  law,  too  much  force,  to  keep  up  social  and  do- 
mestic security  ;  therefore,  I  do  not  wisli  to  extend  it  to  these  new 
and  as  yet  feeble  territories. 

Is  it  pretended  that  slave  labor  could  be  profitable  in  Oregon  or 
California?  Do  we  expect  to  grow  cotton  or  sugar  there  ?  I  do 
not  know  that  it  may  not  be  done  there  ;  for,  as  the  gentleman 
from  New  York  has  told  us,  just  as  you  go  west  upon  this  conti- 
nent, the  line  of  latitude  chanaes  in  temperature,  so  that  you  naay 
have  a  very  ditTerent.  i.sothermal  line  as  you  approach  the  Pacific 
ocean.  But  I  do  not  care  so  much  about  that.  My  objection  is 
a  radical  one  to  the  institution  everywhere.  I  do  believe,  if  there 
is  any  place  upon  the  globe  which  we  inhabit  where  a  white  man 
cannot  work,  he  has  no  business  there.  If  that  place  is  fit  only 
for  black  men  to  work,  let  black  men  alone  work  there.  I  do  not 
know  any  better  law  for  man's  good  than  that  old  one,  which  was 
announced  to  man  after  the  first  transgression,  that  by  the  sweat 
of  his  brow  he  should  earn  his  bread.  I  don't  know  what  business 
men  have  in  the  world,  unless  it  is  to  work.  If  any  man  has  no 
work  of  head  or  hand  to  do  in  this  world,  let  him  get  out  of  it 
soon.  The  hog  is  the  only  gentleman  who  has  nothing  to  do  but 
eat  and  .sleep.  Him  we  dispose  of  as  soon  as  he  is  fat.  Difficult 
as  the  settlement  of  this  question  seems  to  some,  it  is  in  my  judj;- 
ment  only  so  because  we  will  not  look  at  it  and  treat  it  as  an  ori- 
ginal proposition,  to  be  decided  by  the  influence  its  determination 
may  have  on  the  territories  themselves.  Wo  are  ever  running 
away  from  this,  and  enquiring  how  it  will  affect  the  "slave  States" 
or  the  "free  Slates."  The  only  question  mainly  to  be  considered 
is,  how  will  this  policy  atfect  the  territories  for  which  this  law  is 
intended  ?  Is  slavery  a  good  thing,  or  is  it  a  bad  thing,  for  them? 
With  my  views  of  the  subject,  I  must  consider  it  bad  policy  to 
plant  slavery  in  any  soil  where  I  do  not  find  it  alieady  growing.  I 
look  upon  it  as  an  exotic,  that  blights  with  its  shade  the  soil  in 
which  you  plant  it  ;  therefore,  as  I  am  satisfied  of  our  constitu- 
tional power  to  prohibit  it,  so  I  am  equally  certain  it  is  our  duty 
to  do  so. 

In  the  States  where  law  and  long  usage  have  made  the  slave 
property,  as  property  I  treat  it.  It  is  there,  and  while  there  it 
should  and  will  receive  that  protection  which  'he  constitution  and 
the  good  neighborhood  of  the  States  afi'ord  and  require  at  our  hands. 
But  I  should  be  false  to  my  best  convictions  of  duty,  policy,  and 
right,  if  by  my  vote  I  should  extend  it  one  acre  beyond  its  present 
limits.  1  may  be  mistaken  in  all  this  ;  but  of  one  thing  I  am  sat- 
isfied— of  the  honest  conviction  of  my  own  judgment  ;  and  no  ima- 
ginary interruption  of  the  ties  which  biiui  the  various  sections  of 
the  courederacy  shall  induce  me  to  shrink  from  these  convictions, 
whenever  I  am  enlled  upon  to  carry  them  out  into  law. 

But  we  are  told  that,  when  the  constitution  was  made,  there 
existed  certain  relative  proportions  between  the  power  of  the  slave 
and  the  power  of  the  free  States.  I  understood  the  Senator  Ironi 
South  Carolina,  that  we  were  under  obligations  to  preserve  for- 
ever these  relative  proportions  in  tho  same  way. 

Mr.  CALHOUN  —I  said  nothing  of  the  kind. 

Mr.  CORWIN. — I  am  very  happy  to  be  undeceived.  I  under- 
stood tho  Senator  to  conceive  that  this  is  a  questicm  of  power.  It 
is  not  so.  It  is  a  question  of  municipal  law,  of  civil  policy.  The 
men  who  framed  the  constitution  never  ilreameil  that  there  was  to 
bo  a  conllict  of  power  between  tho  slave  and  the  free  Stales. — 
They  never  dreamed  that  the  South  was  to  contend  that  they 
would  always  be  equal  in  representation  in  the  Senate  to  tho  North. 
They  had  no  idea  of  that  equilibrium  of  power  of  which  we  have 
heard  so  much.  The  ci|•cumsta^ces  of  that  period  forbade  any 
such  supposition.  Looking  at  all  these  circumstances,  (and  I  have 
no  doubt  thuso  far-soeing  men  regarded  ^lieiii  carefully)  you  would 


July  24.] 


THE  COMPROMISE  BILL, 


945 


have  had  fourteen  free  States  and  nine  slave  States.  But  every 
man  who  had  much  to  do  with  the  formation  of  the  constitution 
expected  and  desired  that  slavery  should  be  prohibited  in  the  new 
States  ;  and  they  even  expected  to  have  it  abolished  in  many  of  the 
States  where  it  existed.  They  had  no  idea  of  conflict ;  and  if  the 
ultra  fanatics  in  the  South,  as  well  as  those  in  the  Norfh,  would 
let  the  subject  alone,  we  should  have  much  less  difficulty  in  a  pro. 
per  settlement  of  the  question. 

While  the  extreme  fanaticism  of  the  North,  it  is  said,  would 
burst  the  barriers  of  the  constitution,  and  rush  ir.to  the  slave  States 
to  enforce  their  abolition  views,  trampling  on  vour  laws  and  mad- 
ly overturninf,'  existing  institutions  there,  the  .Sonth  vents  its  fiery 
indignation  in  tones  of  unmeasured  reproach.  But  have  southern 
gentlemen  considered  their  position  before  the  world  on  this  ques- 
tion ?  You  declare  the  opinion  that  slavery  does  not  exist  either 
in  Oregon,  California,  or  New  Mexico  ;  all  these  immense  regions 
are  now,  and  for  many  years  have  been,  free  from  negro  slavery. 
And  now  what  do  the  ultra  fanatics  of  the  Sonth  ask  f  Sir,  tliey 
avow  their  determination  to  rush  into  these  free  territories  over- 
turn the  social  systems  there  existing,  uproot  all  eslablisliments 
founded  in  and  moulded  by  an  absence  ol'  slavery,  and  having  thus 
swept  away  the  former  free  systems,  plant  there  forever  tl7e  sys- 
tem of  involuntary  servitude.  Sir,  southern  gentlemen  must  say 
no  more  about  the  fanatics  of  the  North  endeavoring  to  uproot 
your  institutions,  while  you  imitate  the  example  of  those  fanatics 
in  your  treatment  of  the  free  soil  of  this  Union.  Sir,  there  is  no 
difibrenee  between  the  two  cases.  The  fanatics  ot  the  South  are 
but  a  counterpart  of  those  of  the  North.     If  there  bo  any  difrer- 

ence,  it  is  only  this  :  The  fanatic  of  the  North  has  this  ap'ologv 

he  proposes,  at  least  in  theory,  to  enlarge  and  extend  the  bomi"da- 
ries  of  human  rights.  The  fanatic  of  the  South,  strangely  incon- 
sistent with  the  obvious  tendencies  of  the  age,  seeks  to  extend,  at 
one  sweep,  human  black  slavery  over  a  country,  new  and  sparsely 
settled,  larger  in  extent  than  most  of  the  governments  of  the  old 
world.  This  does  appear  to  ray  poor  judgment,  not  merely  at  war 
with  the  spirit  of  the  age,  with  the  better  spirit,  I  would  say,  of 
men  in  all  ages  ;  nay,  more — X  must  be  pardoned  if  I  declare  i( 
wears  the  aspect  of  absurdity,  arrogance  and  temerity.  Sir,  I 
have  spoken  out  ray  opinions  freely,  boldly,  but  in  no  spirit  of  un- 
kindness  to  any  man  or  any  section  of  our  common  country.  I 
know  how  widely  different  are  the  views  of  other  gentlemen  fronj 
mine.  I  know  how  liabit,  usage,  time,  color  our  thoughts,  and, 
indeed  form  our  principles  often.  Bu".  I  must  here  repeat  ray  be- 
lief, that  if  we  could  set  about  this  business  in  the  spirit  of  those 
who  founded  this  republic,  we  should  have  no  difTieuliy  in  cnaetiii" 
the  ordinance  of  1787.  Sir,  it  is  best  to  repent  what  they  did.  In 
1787  they  made  the  constitution.  In  1787  they  made  that  celebra- 
ted ordinance  for  the  northwest.  Sir,  this  doctrine  of  free  terri- 
tory IS  not  new  ;  it  is  coeval  with  the  constitution,  born  the  same 
year,  of  the  same  parents,  and  baptized  in  the  same  good  old  re- 
publican church.  And  now,  when  we  are  about  to  establish  these 
new  republics,  much  larger  than  the  old,  why  should  we  not  imi- 
tate their  example,  re-enact  their  laws,  and  thus  secure  to  this 
new  republic  on  the  Pacific  the  glory,  the  prosperity,  the  rational 
progress,  which  have  shed  such  lustre  around  that  founded  upon 
the  shor%of  the  Atlantic  ? 

A  Senator  who  sits  before  me  [Mr.  Fitzgerald]  has,  with 
great  propriety,  explained  to  the  Senate  the  position  in  which  he 
is  placed  on  this  subject,  as  connected  with  his  friend.  Gen.  Cass, 
not  now  a  member  of  this  body.  The  subject,  as  bearing  on  the 
opinions  and  prospects  of  both  Gen.  Cass  and  Gen.  Taylor,  has 
been  often  adverted  to  in  this  debate.  While  I  am  vet  on  my  feet 
I  desire  to  say  a  word  or  two  on  this  aspect  of  the  debate. 

I  speak  of  one  absent  from  this  chamber  with  everv  feeling  of 
respect,  and  with  some  reluctance.  It  is  said,  and  I  believe  truly, 
that  General  Cass  has,  within  the  last  two  years,  entertained  two 
opinions  on  this  subject,  the  one  in  direct  conflict  with  the  other. 
In  other  words,  he  has  changed  his  opinions  respecting  it.  Where- 
as he  was  at  one  time  in  favor  of  extending  the  ordinance  of  1787 
over  all  new  territory  ;  now,  he  denies  the  power  of  Congress  to 
do  so.  Thus  it  follows  that  he  would  arrest  all  such  legislation 
by  interposing  his  veto.  His  position  at  present  is  fi.xecl.  But, 
sir,  this  facility  in  forming  and  changing  opinions  in  a  gentleman 
at  his  time  of  life,  gives  some  hope  that  in  the  future  he  may  not 
obstinately  persevere  in  his  error.  Sir,  one  who  on  such  subjects 
can  change  in  the  two  past  years  his  opinion,  gives  hopeful  ex- 
pectation that  he  may  change  back  in  the  two  years  to  come.  As 
Major  Dugald  Dalgetty  would  say,  "  he  will  be  amenable  to  rea- 
son." His  opinion,  it  seems,  is.  that  the  whole  subject  is  to  bo 
given  over  to  the  unlimited  discretion  of  the  territorial  legislatures. 
As  to  General  Taylor's  position  in  regard  to  this  and  all  like  sub- 
jects o'  domestic  policy,  I  here  declare  that  if  I  did  not  consider 
him  pledged  by  his  published  letter  to  Captain  Allison  not  to  in- 
terpose his  veto  on  such  subjects  of  legislation,  he  certainly  could 
not  get  my  vote,  nor  do  I  believe  that  of  any  northern  State- 
Mr.  HANNEGAN. — I  would  like  to  be  informed  by  the  Sena- 
tor from  Ohio,  as  he  has  referred  to  General  Cass's  position,  and 
as  he  is  about  to  give  his  support  to  General  Taylor,  if  he  can 
give  us  General  Taylor's  views  on  the  subject,  and  what  his  opin- 
ion be,  as  expressed  in  his  message  to  Congress? 

Mr.  CORWIN.— I  cannot. 
SOthTCono. — Ut  Session — No.  119. 


Mr.  HANNEGAN.— I  understand  the  Senator  from  Ohio  to 
say,  that  if  General  Taylor  would  interpose  a  veto  upon  the  sub- 
ject, he  wquld  not  vote  lor  him  under  any  circnmstances. 

Mr.  CORWIN. — I  would  not  ;  nor  would  any  whig  in  Ohio, 
unless  indeed  wo  found  him  opposed  to  just  snch  another  man  who 
had  a  great  many  bad  qualities  beside.  But,  sir,  I  ha»e  to  say 
that  I  do  not  believe  that  General  Taylor  could  get  the  electoral 
vote  of  a  free  State  in  America,  if  it  were  not  for  the  belief  that 
prevails,  that  upon  this  subject,  as  well  as  upon  nnv  other  of  do- 
mestic policy,  where  the  power  of  Congress  had  been  sanctioned 
by  the  vari<ius  departments  of  government,  and  acquiesced  in  by 
the  people,  he  would  not,  through  the  veto  power,  inierfero  to 
crush  the  free  will  of  the  people,  as  expressed  through  both  branch- 
es of  Congress. 

I  repeat,  sir.  that  if  Congress,  having  the  power  as  defined  by 
the  Supreme  Court,  acted  on  by  Congress  in  various  cases,  ai 
shown  by  your  legislation,  sanctioned  in  so  many  ways,  and  till 
now  cheerfully  acquiesced  in  by  the  people,  should  enact  the  ordi- 
nance of  1787  over  again,  and  extend  it  over  the  three  territories 
in  question,  and  the  man  in  the  White  House  should  interpose  his 
veto,  and  again  and  again  thrust  his  puny  arm  in  the  way  of  the 
legislative  power,  and  arrest  for  a  long  iime  the  jjopular  will,  1 
will  not  say  he  would  bo  impeached,  tried,  and  (if  the  law  were 
so)  have  his  head  brought  to  the  block.  Patience  might  in  its  ex- 
haustion give  w.ay  to  exasperation,  and  the  forms  of  law  and  the 
majesty  of  judicial  trial  all  fall  before  the  summary  vengeance  of 
an  abused  and  insulted  people. 

I  know  very  well  that  the  Senate  is  weary  of  this  debate.  I 
wish  now  only  to  state  another  fact,  which  will  show  what  it  is 
which  our  brethren  of  the  South  now  demand.  If  you  take  the 
area  of  the  lice  States  and  the  slave  States  as  they  exist,  and 
compare  them,  you  will  find  that  the  latter  predominate.  When 
the  constitution  was  formed,  and  when  all  the  territory  which  you 
then  had  was  brought  into  the  Union,  the  free  States  had  an  ox- 
cess  of  100,000  square  miles  over  the  slave  States  ;  bnt  when  j-oa 
had  acquired  Louisiana,  Florida,  and  Texas,  and  added  them  to 
the  Union,  and  when  you  have  added  the  claim  of  the  South  that 
they  will  carry  their  slaves  into  Oregon,  New  Mexico,  and  Cali- 
fornia,  what  will  then  be  the  condition  of  the  free  Slates  ?  The 
slave  States  will  have  one-third  more  power  in  the  Senate  of  the 
United  Stales  than  the  free  States  could  ever  h.ave. 

Sir,  if  this  is  to  be  viewed  at  all  as  a  question  of  power,  what  I 
have  stated  would  be  the  exact  result  of  yielding  to  the  present 
claim  of  the  South  ;  and  this  will  be  the  result,  unices  you  prohi- 
bit the  introduction  of  slavery  into  these  territories.  Sir,  I  have 
seen  the  working  of  this  system.  Plant  thirty  slaveholders  among 
three  hundted  inhabitants  who  are  not  slaveholders,  and  they 
will  maintain  their  position  against  the  three  hundred.  Let  on« 
man  out  of  fifty  be  a  slaveholder,  and  he  will  persuade  the  forty- 
nine  that  it  is  better  that  the  institution  should  exist.  It  is  capi- 
tal and  social  position  opposed  to  labor  and  poverty.  How  this  war 
may  wage  in  the  future,  I  will  not  say  ;  but  thus  far  the  former 
have  ever  been  an  over-match  for  the  latter. 

But,  sir,  I  do  not  like  this  view  of  such  a  subject.  If  it  were 
merely  a  comparison  of  strength  or  contest  for  relative  power,  I 
could  yield  without  a  struggle.  But  I  am  called  on  to  lay  the 
foundations  of  society  over  a  vast  extent  of  country.  If  this  work 
is  done  wisely  now,  ages  unborn  shall  bless  us,  and  we  shall 
have  done  in  our  day  what  experience  approved  and  duty  demand- 
ed. If  this  work  shall  be  carelessly  or  badly  done,  countless  mil- 
lions that  shall  inherit  that  vast  region  will  hereafter  remember 
our  folly  as  their  cnrse  ;  our  names  and  deeds,  instead  of  praises, 
shall  only  call  forth  execration  and  reproach.  In  the  conflict  of 
present  opinions,  I  have  listened  patiently  to  all.  Finding  myself 
opposed  to  some  with  whom  I  have  rarely  over  ditfered  before,  I 
have  doubted  myself,  re-examined  my  conclusions,  reconsidered  all 
the  arguments  on  either  side,  and  I  still  am  obliged  to  adhere  to 
my  first  impressions,  I  may  say,  my  long  cherished  opinions.  If 
I  part  company  with  some  here,  whom  I  habitually  respect,  I  still 
find  with  me  the  men  of  the  past,  whom  the  nations  venerated. — 
I  stand  upon  the  ordinance  of  1787.  There  the  path  is  marked  by 
the  blood  of  the  revolution.  I  stand  in  company  with  the  "men  of 
'87,"  their  locks  wet  v\-ith  the  mists  ol  the  Jordan  over  which  they 
passed,  their  garments  purple  with  the  waters  of  the  Red  Sea 
through  which  they  led  us  of  old,  to  this  land  of  promise.  With 
them  to  point  the  way,  however  dark  the  present,  hope  shines 
upon  the  luture,  and,  discerning  their  foot-prints  in  inv  nath,  I 
shall  tread  it  with  unfaltering  trust. 

Mr.  UNDERWOOD  moved  that  the  Senate  adjo.,,  „ ,  ,.,.>!  the 
yeas  and  nays  being  ordered,  it  was  determined  in  the  aflirmativo. 
as  lollows  : 

YE.\S — Messni.  .\l|pn,  Badger,  Baliltvin,  Reil,  Bcnioii,  Bnllor.  Clarke,  Corwio. 
Davis,  of  >Iassaeliiisett';.  Dayton.  Di.x,  Dodge,  Fetch,  Filzgeratd,  Grecoc,  HaJe, 
Muiilliii,  Jo.'msoii,  of  .Maryland,  Joliiison.  of  LoiiUiana,  .Mniigiim.  .Metealt'e.  .Millet, 
Niles.  PtietfK,  Sjiruaiice,  Underwood.  Upham,  Walker,  \Ve-;cou— 2i». 

X.WS — .Messrs.  Atchison,  .-Vtherton,  llerrien,  Borland,  Bradbury,  BreekC,  Brrebl. 
<'a!hoiin.  Clayton,  Davis,  of  .Missi.ssippi,  Dickin^on,  Donslas,  Downs,  Foole.  Han 
negan,  Houston.  Johnson,  of  Georgia,  King,  Lewi^,  MaK>n,  Rukk.  Sebasnan. 
Hlurgeon,  Turnu-y,  Yalee. — 'i5. 

Whereupon, 

The  Senate  adjourned. 


sife- 


PETITIOISS— RESOLUTIONS,  ETC. 


[Tuesday, 


TUESDAY,  JULY  25,  1848. 


PETITIONS. 

Mr.  DOWNS  presented  tlie  memorial  of  T.  Lewis,  an  offiocr 
in  the  first  regiment  of  Louisiana  volunteers,  praying  bounty  land 
for  certain  recruits  enlisted  liy  him  for  the  Mexican  war  ;  which 
was  referred  to  the  Committee  on  Military  AfTairs. 

Mr.  DIX  presented  the  memorial  of  E.  F.  Aldrick,  prayinii  that 
the  Secretary  of  the  Navy  may  lie  authorized  lo  contract  with  him 
for  the  construction  of  a  steam  vessel  of  war,  on  an  improved  me- 
thod, of  which  he  is  the  inventor  ;  which  was  referred  to  the  Com- 
mittee on  Naval  Affairs. 

Mr.  UNDERWOOD  submitted  documents  relating  to  the  pur- 
chase of  a  work  published  by  Robert  Mayo,  exhibiting  a  history 
of  the  operations  of  the  United  States  Treasury  Department  ; 
which  was  referred  to  the  Committee  on  the  Library. 

On  motion  by  Mr.  SEBASTIAN,  it  was 

Ordered,  That  Hola-to.Emathla,  and  other  Seminole  Indians, 
have  leave  to  withdraw  their  petitions  and  papers. 

.IPPROPRIATIONS  FOR    SURVEYS. 

Mr.  BREESE  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  : 

Hfscilvcd,  That  I iie  Secretary  of  tlie  Treasury  inform  lite  Senate  wliat  amount,  if 
ttny,  of  nnexpcnded  balances  of  former  appro|jriations  for  the  surveys  of  tlie  pubhc 
lands,  are  on  hand  and  available  for  that  purpose,  for  the  jiresent  fiseal  year,  and  whe- 
ther, if  there  be  such  unexpended  balances,  they  are  not  liable  to  he  absorbed  in  the 
payment  of  contracts  for  the  public  surveys  heretofore  made,  and  if  the  same  or  any 
part  of  the  same  can  be  applied  to  the  payment  of  contracts  hereafter  made. 

ADJUSTMENT  OF  CLAIMS  FOR  EXTRA  P.\Y,  ETC. 

Mr.  BREESE  submitted  the  following  resolution,  which  was 
considered  by  unanimous  consent,  and  agreed  to  : 

Rtsiilred.  That  the  Committee  on  Military  Affairs  he  instructed  to  lur^nire  into  the 
exiiedieney  of  authoriziufj  the  President  of  the  United  f-tatos  lo  detail  a  competent 
paymaster  of  tlie  army,  who  shall  keep  his  otfice  at  the  seal  of  L'overnment,  and  who^e 
duty  it  shall  be  to  e\amine  and  adjust  all  the  claims  presented  by  the  otficcrs  and  sol- 
diers of  the  late  war  for  p.ay,  mileage,  and  other  allowances,  and  extra  paygramed 
iheni  under  the  act  of  July  19th,  1848. 

NAVAL   PENSIONS. 

Mr.  BRADBURY  submitted  the  following  resolution,  wliieU 
■was  considered  by  unanimous  consent,  and  agreed  to  ; 

Hcsolurd,  That  the  Committee  on  Pensions  be  instructed  to  inquire  into  the  expe 
dieney  of  extending  tlie  )irovisions  of  the  8th  section  of  chaiiter  34  of  the  1st  session  of 
the  6th  Congress,  granting  pensions   to  oflrcers,  seamen,  and  marines,  disabled  in  the 
line  of  their  duly,  to  cases  where  such  disability  occnrrerl  prior  to  the  passage  of  said 
act. 

MOTION  FOR  A  RECESS, 

Mr.  HANNEGAN  submitted  the  following  motion  for  conside- 
ration : 

Ordered,  That  tlie  Senate  will  to-morrow  take  a  recess  from  4 
until  5  o'clock  P.  M. 

SCHOOL    LANDS    IN    WISCONSIN. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  to  modify  the  fourth  clause  of  the  seventh 
section  of  the  act  entitled  "An  act  to  enable  the  people  of  Wis- 
consin territory  to  form  a  constitution  and  State  government,  and 
for  the  admission  of  such  State  into  the  Union,"  approved  August 
6th,  1846,  reported  it  with  amendments. 

RENEWAL    OF  N.AVAL  PENSIONS. 

Mr.  YULEE,  from  the  Committee  on  Naval  AUairs,  to  whom 
was  referred  the  amendiuents  of  the  House  of  Representatives  to 
the  bill  renewing  certain  naval  pensions  for  the  tcriri  of  five  years, 
and  extending  the  benefits  of  existing  laws  respecting  naval  pen- 
sions to  engineers,  firemen,  and  coal  heavers  in  the  navy  and  to 
their  widows,  reported  thereon. 

The  Senate  proceeded  to  consider  the  amendments  of  the  House 
of  Representatives  to  the  bill  last  mentioned,  and  it  was 

llcstilrrd.  That  they  disagree  thereto. 

Ordered,  That  the  Secretary  notify  the  House  ol  Representa- 
tives accordingly. 

CREEK    INDIANS. 

Mr.  .VTCHISON,  from  the  Con.mitteo  on  Indian  Airair.s,  to 
whom  was  referred  the  memorial  of  Benjamin  Marshall  and  other 
delegates  of  the  Creek  nation  of  Indians,  submitted  a  report,  ac- 
companied by  a  bill  for  the  relief  of  certain  Creek  Indians. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed. 


PRIVATE    BILL. 


Mr.  MANGUM,  from  the  Committee  on  Foreign  Relations, 
reported  a  bill  for  the  relief  of  John  Hogan  ;  which  was  read  and 
passed  to  the  second  reading. 


GIBSON  COUNTY,  LOUISIANA. 


Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  in  addition 
to  an  act  entitled  ''An  act  for  the  relief  of  the  inhabitants  of  the 
reserved  township  in  Gibson  county,  in  the  State  of  Louisiana," 
approved  August  11th,  1842,  reportetl  it  with  amendments. 


PRE.EMPTION    CLAIMS. 

Mr.  DOWNS,  from  the  Committee  on  Private  Land  Claims,  to 
whom  was  referred  the  bill  to  facilitate  the  entry  of  pre-emption 
claims,  reported  it  with  an  amendment,  and  submitted  a  report  on 
the  subject  ;  which  was  ordered  to  be  printed. 

INDIAN    APPROPRIATION    BILL. 

Mr.  ATHERTON,  from  the  committee  of  conference  on  the 
part  of  the  Senate,  on  the  disagreeing  votes  of  the  two  Houses  on 
the  bill  entitled  "  An  act  making  appropriations  for  the  current 
and  contingent  expenses  of  the  Indian  department,  and  for  fulfill- 
ing treaty  stipulations  with  the  various  Indian  tribes  for  the  year 
ending  June  30th,  1849,"  and  for  other  purposes,  reported  thereon. 

The  Senate  proceeded  to  consider  said  report;  and  it  was 

Tie^oh'cd,  That  they  concur  therein. 

Ordered,  That  the  Secretary  notify  the  Hou.se  of  Representa- 
tives accordingly. 

MESSAGE  FROM    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President  ;  The  House  of  Representatives  concur  in  the  report  of  the  commit- 
tee of  conference  in  the  disagreeing  votes  of  the  two  Houses  on  the  bill  entitled  '"  an 
act  making  appropriations  for  the  current  and  contingent  expenses  of  the  ^Var  Depatt 
ment,  and  for  fulfilling  treaty  stipulations  with  the  various  Indian  tribes  for  the  year 
ending  301h  June,  IMO,"  and  for  other  purposes. 

They  have  passed  the  bill  granting  a  pension  to  Wm.  Pitman. 
THE    COMPROMISE    BILL. 

The  Senate  resumed  as  in  Committee'  of  the  Whole,  the  consid- 
eration of  the  bill  to  establish  the  territorial  governments  of  Ore- 
gon, California,  and  New  Mexico. 

Mr.  UNDERWOOD.— Mr.  President  :  I  am  that  member  of 
the  committee  who  was  altogether  dissatisfied  with  the  provisions 
of  this  bill.  I  rise  to  discharge  a  duty  which  I  owe  to  myself,  and 
to  explain  to  my  constituents  the  policy  1  advocated. 

The  Senator  Irom  Indiana  [Mr.  Bright,]  had  proposed  before 
the  specitil  committee  was  raised  to  apply  the  Missouri  compro. 
inisp  line  of  Sd"  3U'  north  latitude,  to  the  newly  acquired  territo- 
ries of  California  and  New  Mexico,  in  the  precise  terms  in  which 
it  had  been  applied  to  the  country  out  of  which  the  State  of  Mis- 
souri was  formed.  I  moved  to  amend,  by  declaring  expressly 
that  emigrants  might  settle  with  their  slaves  south  of  the  line  36° 
30',  and  should  be  protected  in  the  use  and  enjoyment  of  their 
slave  property,  when  so  settled,  as  long  as  the  country  of  their 
residence  remained  under  a  territorial  governnient.  When  con- 
verted  into  States  of  the  Union,  of  course  they  would  look  to  their 
State  governments  for  protection.  I  was  willing  to  extend  this 
line,  in  which  the  country  had  acquiesced,  to  the  Pacific  ;  bm  in 
doing  so,  I  desired  a  clear  and  explicit  declaration,  that  south  of 
the  line  slaTcholders  should  be  protected  in  their  slave  property. 
This  1  was  unable  to  obtain.  There  is  a  marked  difference  be- 
tween the  territory  of  Louisiana  when  we  purchased  it  from 
Eraneo,  and  the  territories  of  New  Mexico  ami  California  when 
we  acquired  them  by  the  recent  treaty  with  Mexico.  In  Louisi- 
ana  slavery  was  tolerated  at  the  time  she  was  annexed  to  the 
United  States.  So  of  Texas.  But  in  New  Mexico  and  Califor- 
nia slavery  had  been  abolished  previous  to  their  acquisition,  and 
when  Jiequired  did  not  exist  in  either.  As  a  consequence  of  this 
.state  of  things,  slavery  would  continue  in  Louisiana,  and  could 
not  exist  in  New  Mexico  and  California  without  changing  the  laws 
which  operatud  upon  this  particular  subject.  By  the  Missouri 
compromise  the  law  was  changed  in  regard  to  Louisiana,  and  sla- 
very prohibited  in  all  the  country  nortli  of  36°  30',  leaving  it  to 
continue  south  of  that  line.  By  our  recent  acquis'tion  of  territo- 
ry, the  boundary  of  the  United  States  has  been  extended  upon  the 
Pacific  ocean  feom  42°  to  32°  30'  north  latitude.  Thus,  by  ex- 
tending the  Missouri  compromise  line  to  the  Pacific,  only  four  de- 
grees of  latitude  would  be  set  apart  into  which  slaveholders 
might  emigrate  with  their  slaves  ;  while  five  and  a  half  degrees 


JrLV  25.J 


THE  COMPROMISE  BILL. 


947 


of  latitude  of  the  newly  acquired  territory  would  be  appropiiiiteJ 
exclusively  to  free  labor.  This  division  would  leave  the  States 
and  territories  from  which  the  institution  of  slavery  is  excluded 
larger,  by  more  than  a  half  a  million  of  square  miles,  than  those 
in  which  it  is  tolerated  ;  and  with  such  a  division  it  seems  to  me 
our  northern  brethren  might  be  satislicd.  Slavery  is  not  favora- 
ble to  the  dense  population  of  a  country.  The  area  of  the  non- 
slaveholding  States,  with  a  population  of  9,728,722,  according  to 
the  census  of  1840,  is  about  450,000  square  miles.  The  area  of 
the  slaveholding  States,  excludins:  Texas,  is  about  600,000  square 
miles,  with  a  population  of  7,332,452,  of  whom  2,700,27!)  are 
blacks,  according  to  the  same  census.  True,  a  largo  portion  of 
the  States  to  the  south  has  recently  been  covered  by  Indian  tribes. 
and  closed  against  white  settlements.  But,  after  allowing  for 
this,  it  is  manifest  that  the  non-slavehoUling  States,  in  population 
and  political  strength,  are  now,  and  will  always  continue  to  be, 
more  powerful  than  the  slaveholding  States.  Uundersuch  consid- 
erations, and  with  a  division  of  the  new  territories  which  set 
apart  much  the  largest  portion  to  the  uses  of  free  [labor,  I  could 
not  perceive  any  cause  of  dissatisfaction,  or  any  good  reason 
why  the  compromise  line  of  36°  30'  should  not  be  extended  to  the 
Pacific. 

Members  of  the  committee  from  the  non-slaveholding  States, 
however,  could  not  be  induced,  in  express  terms,  to  declare  that 
slaveholders  might  emigrate  and  settle  with  their  slaves  in  any 
part  of  the  territories  south  of  36°  30',  and  hold  that  kind  of  pro. 
perty  under  the  protection  of  the  laws  of  the  United  .Slates.  As- 
certaining that  it  was  impossible  to  obtain  a  guarantee  that  slave- 
holders might  settle  and  hold  their  slaves  south  of  36°  30',  I  sub- 
mitted a  scheme  by  which,  had  it  been  adopted,  the  question  of 
slavery  would  have  been  disposed  of  by  the  people  of  the  territo- 
ries. The  people  of  Oregon,  as  the  bill  now  stands,  have  that 
privilege.  I  proposed  to  confer  the  same  privilege  upon  the  peo- 
ple of  California  and  New  Mexico.  My  plan  was  to  organize  in 
each  of  these  territories  legislative  assemblies,  to  consist  of  two 
branches  or  chambers,  one  to  be  composed  of  representatives  elect- 
ed by  the  male  citizens  above  twenty-one  years  of  age  ;  and  the 
other,  of  the  governor  and  judges,  appointed  by  the  President, 
with  the  advice  and  consent  of  the  Senate  ;  each  chamber  to  have 
a  negative  upon  the  proceedings  and  resolves  of  the  other.  I  pro- 
posed to  limit  and  restrict  the  power  of  the  legislative  assemblies 
thus  constituted,  in  such  manner  as  the  committee  might  agree  to 
be  expedient,  and  in  the  following  particulars,  to  wit  :  that  they 
should  not  interfere  with  the  disposition  or  sale  of  the  vacant  do- 
main or  public  lands,  or  contract  any  debt  on  the  part  of  the  ter- 
ritory, or  establish  any  cor|)oration.  In  other  matters  I  proposed 
to  confer  lull  legislative  powers,  and  to  give  efi'ect  to  all  laws 
which  might  be  enacted,  and  which  were  not  incompatible  with 
the  constitution  and  laws  of  the  United  States.  I  thought  there 
were  striking  advantages  likely  to  result  from  the  adoption  of  this 
scheme.  In  the  first  place,  we  should,  by  conferring  the  elective 
franchise,  indoctrinate  the  people  of  California  and  New  Mexico 
with  the  first  elementary  principle  of  American  liberty.  We 
should  teach  them  by  degrees  the  responsibility  of  the  representa- 
tive to  the  constituent  body,  and  they  would  gradually  leani  to 
admire  and  practise  all  the  political  duties  of  a  republican  people. 
Thus  they  would  become  instructed  in  the  principles  of  self-go- 
vernment, and  fitted  to  take  their  positions  as  independent  Stales 
of  our  Union  at  no  very  distant  day.  While  these  advantages 
were  secured,  my  plan  guarded  against  any  possible  injury  to  the 
interests  of  our  government,  by  retaining  an  absolute  negative,  in 
the  hands  of  the  governor  and  judges  appointed  by  us,  upon  all 
legislation  springing  from  the  elective  branch  of  the  legislature. 
The  legislature,  thus  constituted,  in  view  of  the  climate  and  soil, 
and  their  capacity  to  produce  those  staples  peculiarly  suited  to 
the  employment  of  slave  labor,  would  be  free  to  mould  the  social 
and  civil  institutions  of  the  new  territories,  according  to  their  con- 
victions of  duty  and  interest.  They  would  be  free  to  introduce 
the  institutions  of  Kentucky  or  Ohio,  of  South  Carolina  or  Massa- 
chusetts ;  and,  in  conferring  that  liberty  upon  them,  we  should  but 
pay  just  homage  to  the  principle  of  self-government,  which,  incur 
professions  at  least,  we  so  devotedly  reverence. 

Why  should  gentlemen  from  the  North  refuse  to  permit  the  peo- 
ple of  these  new  territories  to  decide  for  themselves  the  question 
of  slavery  V  Why  not  let  the  people  organize  their  society  upon 
the  same  basis  with  that  of  their  neighbors  of  Texas,  with  whom 
they  constituted  part  of  the  same  Mexican  confederation  ol  States 
a  few  years  since  ?  The  refusal  to  allow  the  privilege  is  a  reflec- 
tion upon  the  understandings  of  the  people  of  these  territories,  and 
reproachful,  ifrfiot  insulting,  to  the  southern  States.  It  is  equiva- 
lent to  saving  that  the  people  of  New  Mexico  and  California  have 
not  capacitv  to  discern  their  true  interest,  or  lack  moral  hon- 
esty to  guide  them.  Bv  the  constitution  the  institution  of  slavery 
presents  no  barrier  to"  the  social  and  political  embrace  ot  the 
North  and  the  South  ;  and  yet  northern  politicians  nre  now  arbi- 
trarily tying  the  hands  of  Californians  and  New  Mexicans  and 
denying 'lo  them  the  right  to  decide  this  question  for  themselves. 
In  this  very  denial  they  declare  to  the  people  of  the  slaveholding 
States  that  their  institutions  are  unworthy  of  imitation  and  adop- 
tion. Sir,  it  is  impossible,  under  such  a  state  of  feeling  and  ac- 
tion, to  expect  anything  but  heartburnings  and  bitter  animosities. 
And  as  the  North  assumes  the  right,  without  regard  to  the  opin- 
ions, or  prejudices,  if  you  please,  of  the  South,  to  dictate,  regard- 
less of  the  conciliatory  spirit  of  ofiered  compromise,  it  must  e.\:pect 
that  such  conduct  will  be  mel-liy  firm  resistance,  if  not  revolution- 
ary dettance.  sjii:.'-'-;   : 


All  schemes  of  compromise  and  conciliation  fell  by  the  divisions 
of  the  committee  ;  and  this  bill  has  been  reported  as  the  panacea 
— the  healing  balm — for  our  distracting  agitations.  I  have  no  con- 
fidence in  the  remedy. 

I  do  not  doubt  the'  power  of  Congress  to  make  laws  for  the  go- 
vernmet  of  the  people  who  inhabit  a  territory  belonging  to  the 
United  States.  I  shall  not  enter  upon  an  elaborate  argument  to 
trace  the  power  to  its  source,  and  to  prove  the  propriety  of  its 
exercise.  It  results  necessarily  from  the  power  expressly  granted 
in  the  constitution  to  dispose  of  and  make  all  needful  rules  and 
regulations  respecting  the  territory  or  other  property  of  the  Uni- 
ted State,s.  It  is  likewise  a  necessary  incident  to  the  power  of 
acquiring  territory,  which  power  emanates  from  the  war  and 
treaty-making  powers  of  the  constitution.  As  the  proprietor  of 
the  vacant  domain,  and  having  the  right  to  survey  and  sell  it  and 
to  preserve  it  from  trespassers,  Congress  may  legislate  for  the 
preservation  of  its  property  and  the  protection  of  its  olficers  whibt 
engaged  in  surveying  and  selling  it.  Having  the  power  lo  ac- 
quire territory  and  to  admit  new  States  into  the  Union,  the  pow- 
er to  keep  and  preserve  the  acquisition  must  follow  ;  and  bow  can 
this  be  done  without  government?  If  there  be  no  power  to  make 
laws  for  the  people  of  a  territory  by  Congress,  bclore  it  is  admit- 
ted into  the  Union  as  a  State,  is  there  any  authority  to  be  found 
in  any  other  body  which  can  prescribe  a  code  of  law  for  the  pun- 
ishment of  crimes  and  enforcements  of  contracts  '.  Where  does 
such  authority  reside,  if  not  in  Congress  ?  If  it  exists  in  any  other 
body,  what  shall  prevent  that  body  from  appropriatin{»  and  taking 
to  itself  the  entire  territory?  Or  shall  there  be  a  divided  jurih- 
diction.  Congress  legislating  partially,  and  leaving  it  lo  some 
other  legislative  body,  springing  up  by  magic,  lo  supply  our  defi- 
ciencies ?  Sir,  it  is  a  waste  of  time  to  pursue  such  inquiries.  Tho 
constitution  expressly  confers  on  Congress  the  power  to  jiass  all 
laws  necessary  and  proper  lo  execute  any  of  the  j)owers  conferred 
upon  the  national  government.  Legislating  for  the  territories  of 
the  United  States  is  no  more  than  adopting  measures  to  accom- 
plish constitutional  objects  and  purposes.  It  is  too  late  at  this 
day  to  (juestion  a  power  which  has  been  exercised  from  the  focm- 
dation  of  the  government  with  objection. 

If,  then.  Congress  possesses  the  power  lo  legislate  for  the  ter- 
ritories, the  ne.Kt  question  that  naturally  arises  is,  what  limitalioos, 
if  any,  exists  upon  the  power  ?  Is  it  without  restriction  >  Or,  if 
there  be  bounds,  what  are  they?  I  answer,  that  every  limitation  pre- 
scribed by  the  constitution  upon  our  legislative  powers  applies  as 
well  to  the  territories  as  to  the  Stales.  Congress  cannot  grant  ti- 
ties  of  nobility  ;  make  laws  respecting  an  establishment  of  reli- 
gion ;  subject  a  person  lo  be  twice  put  in  jeopardy  of  life  or  limb 
For  the  same  offence  ;  compel  a  man  to  testify  against  himself;  or 
do  any  other  thing  prohibited  by  the  constitution  sooner  in  a  territory 
than  a  State.  The  prohibitions  in  the  constitution  arc  great  fun- 
damental principles,  to  be  observed  and  obeyed  at  all  times  and  in 
all  places'  But  there  is  no  prohibition  to  bo  found  in  the  consti- 
tion  in  respect  to  the  power  of  Congress  over  the  question  of  sla- 
very when  legislating  for  a  territory.  If,  then,  the  subject  of  Al- 
rican  slavery  be  one  over  which  the  Stales  of  this  Union  have  un- 
limited control  and  discretion  within  their  respective  boundaries 
and  jurisdictions,  what  reason  can  be  urged  against  the  exercise 
of  similar  control  and  discretion  by  Congress  when  legislating  for 
tho  territories  and  when  there  is  no  constitutional  prohibition  ?  I 
perceive  a  propriety  in  submitting  the  matter  to  the  determina- 
tion of  the  inhabitants  of  the  territory,  who,  for  good  or  ill,  are  lo 
be  efl'ected  by  the  institution  ;  but,  as  a  mere  question  of  power,  I 
l)erceive  no  ground  of  dilTerence  between  Congress  and  the  States 
within  their  respective  jiuisdietions.  It  is  certain  and  must  be 
palpable  to  every  one,  that  a  single  State,  Virginia  for  example, 
has  no  right  to  legislate  for  the  people  of  California,  and  establish 
African  slavery  among  them  ;  the  Californians,  either  as  a  con- 
quered or  coded  people,  have  no  right  to  legislate  for  themselves, 
without  the  consent  of  their  new  sovereign,  upon  any  principle  of 
national  law.  It  follows  that  we  must  legislate  for  them  directly, 
or  confer  upon  them  the  power  to  legislate  for  themselves.  In 
doing  the  latter,  we  may  prescribe  such  terms  as  we  choose.  In 
regard  to  the  Oregon  territory,  the  bill  allows  their  legislature  to 
settle  the  question  of  slavery  for  themselves.  But  this  is  a  con- 
cession made  by  us.  If  we  can  grant  the  power  to  them  we  can 
exercise  it  om-selves.  Indeed,  the  provisions  of  ihe  bill  in  regard 
to  Oregon  cannot  be  voted  for  by  any  Senator  without  a  surrender 
of  all  constitutioiuil  objections  to  the  power  of  Congress  over  tha 
subject  of  slavery  in  the  territories. 

In  respect  to  New  Mexico  and  California,  the  bill  prohibits  the 
making  of  any  law  on  the  subject  of  slavery.  The  same  jiower 
which  enables  us  to  prohibit  legislation  would  equally  give  the 
right  to  legislate.  The  only  question,  ihen,  in  my  judgment  is, 
how  ought  we  to  legislate  ?  I  think  we  ought  to  ,coinpu>mise 
upon  the  line  of  36°  30'.  But  this  is  opposed  by  gentlemen  from 
the  uon-slaveholding  States.  I  shall  now  examine  the  grounds 
and  consequences  of  their  opposition. 

The  question,  says  the  Senator  from  Maine,  [.Mr,  Hamlin',]  is 
the  establishment  of  human  slavery  upon  free  territory.  How  do  we 
denounce  England  for  the  original  introduction  of  slaves  into  her 
American  colonies,  asks  the  Senator  from  Ohio,  [Mr.  Cobwik.] 
Thus  are  we,  according  to  these  Senators,  about  to  perpetrate  the 
same  enormities  we  condemn  in  others.  Sir,  I  apprehend  that 
gentlemen  delude  and  deceive  themselves,  by  supposed  analogies, 
when  none  exist.  The  extension  of  slavery  into  onr  newly  ac- 
quired territory  is  not  identical  in  principle  with  its  original  intro- 

duQlwn  jiiw  the  colonies  of  Great  Briiain.    Wtile  the  commercial 


948 


THE  COMPROMISE  BILL. 


I^TuESDAY  , 


policy  of  England  was  planting  human  slavery  in  Vir<rinia  and  tlio 
Carolinas,  she  did  not  allow  itjto  take  root  within  her  home  borders. 
If  It  be  truly  regarded  as  a  social  and  moral  curse,  Great  Britain 
exhibited  herself  as  inllictinK  it  upon  a  people  over  whom  she 
claimed  the  power  of  taxation  without  representation;  upon  a 
people  who  had  nor  the  ability  at  the  time  to  resist  the  infliction, 
and  upon  a  people  she  was  willin<j  to  sacrifice  for  her  separate 
profit  and  ajrsjrandizoment.  She  had  no  slaves  at  home  to  send 
out  with  her  citizen  emigrants  to  inhabit  the  wilderness,  to  con- 
vert the  forests  mlo  farms  and  plantations,  to  expel  wild  beasts 
and  savages,  and  to  introduce  civilization  and  Christianity.  She 
pushed  her  tr.ade  into  the  continent  of  Africa,  exciting  war,  with 
all  its  accompanying  horrors  of  blood,  conflagration,  and  kidnap- 
ping, to  get  slaves  with  which  to  push  forward  her  settlements, 
plantations,  and  trade  in  the  "New  World."  She  desolated  the 
land  of  the  negro  to  build  np  her  interests  in  the  land  of  the  Indian; 
establishing  slavery  abroad  without  tolerating  it  at  home.  Is  it 
possible  that  gentlemen  can  look  at  the  origin  of  slavery  and  its 
introduction  among  our  ancestors,  and  then  regard  the  extension 
of  the  institution  into  Now  Mexico  and  California  with  our  emi- 
grating people  as  bearing  the  least  resemblance  to  the  conduct  of 
Great  Britain  ?  I  have  been  intimately  associated  with  slave- 
holders all  my  life,  but  I  feel  no  more  responsibility  for  the  exist- 
ence of  the  nistitntion  than  I  do  for  the  time  and  place  of  my 
birth.  My  respjnsibility  in  regard  to  it  is  the  same  which  1  feel 
in  reference  to  any  other  existing  institution  of  my  country  which 
I  found  established  in  coming  to  years  of  discretion.  As  a  man 
and  a  citizen,  it  is  my  duty,  so  far  as  I  am  able,  to  mould  every 
social,  civil,  and  political  institution  iji  such  manner  as  shall  pro- 
duce the  greatest  amount  of  individual  and  public  happiness.  I 
may,  from  my  proximity  to  slaves,  be  compelled  by  deeper  sym- 
pathy ami  stronger  motives  of  action  to  eon.sider  the  subject;  but 
i  doubt  whether  the  moral  obligation  which  should  prompt  and 
stimulate  us  all  to  ameliorate  the  condition  of  the  slave  is  as  bind- 
ing upon  me  as  it  should  be  upon  the  Englishman  or  the  Yankee 
•whoso  ancestors  brought  their  cargoes  of  manacled  human  vic- 
tims and  sold  them  to  my  forefathers.  The  profits  of  the  trade 
and  the  criminality  of  its  origin  have  descended  upon  them.  If 
there  be  any  guilt  from  its  continuance,  that  alone  has  fallen  to 
the  portion  of  my  southern  friends  and  myself. 

I  am  disgusted,  I  am  incensed  at  the  conduct  of  those  who  are 
perpetually  goading  us  on  the  siibjeet  of  African  slavery,  and  I 
beg  leave  on  this  occasion  to  expose  their  errors,  and  to  suggest 
what  they  may  do  to  benefit  both  the  black  and  the  white  races,  if 
their  benevolence  were  guided  by  intelligence  and  true  love  of 
their  species.  They  do  not  understand  the  subject  upon  which 
they  write  and  speak  .so  much.  Certain  it  is,  their  opportunities 
to  understand  and  to  comprehend  it  are  not  equal  to  those  pos- 
sessed by  us,  who  live  in  the  midst  of  slaves,  aiid  from  necessity 
have  daily  intercourse  with  them. 

What  are  slaveholders  required  lo  do  by  northern  abolitionists? 
We  are  importuned  to  repeal    all   laws   which  hold  our  slaves  in 
bondage,  and  all  laws  which   deny  to  the  black  race  political  and 
social  equality  with  the  white.     We  are  told  that  we  should  allow 
intellectual  and  moral   attainments  to  regulate  social   intercourse 
and  politiciil  rights,  irrospeclivo  of  color,  and  that  it  is  only  a  vul- 
gar prejudice  lo  object  to  a  black  face  and  woolly  hair.     I  believe 
it  to  be  a  principle  of  our  nature  lo  love  ourselves  first  and  best, 
and  next  to  ourselves  those  who  most  nearly  resemble  us.     There 
are  exceptions,  generous   and  noble    exceptions,   to   the    general 
rule.     A  man  may  die  for  his  wile,  his  child,   his  friend,  his  coun- 
trv,  and  in  many  eiroumstanees  it  may  be  a  duty  to  sacrifice  life — 
a  duty  which  some  men  will  gloriously  perform;  they  may  be  stim- 
ulated to  perform  it   from  motives   generous  and   noble,  although 
selfish.     The  building  up  a  great   character   is   not   altogether  a 
disinterested  work.     The  general  rule,  however,  with  the  masses 
of  mankind,  is  sell-love  first;  and  wo  honor  the  exception  the  more 
because  it  is  contrary  to  and  a  departure   from   the  general  rule. 
Under  this  rule  our  afleetions    and    intellectual   nature  find  their 
hi<'hest  enjoyments  in  associating  with  those  in  all  respects  most 
like  ourselves.     Unity  of  sentiment  and   personal  resemblance  are 
the  fountains  of  harmony   and   love;  the  want  of  them,  cause  of 
distrust  and  antipathy;  hence  the  hatred  so  easily  generated  among 
castes  or  diflibrenl  races  of  men.     Abolish  slavery,  place  the  slave 
in  possession  of  every  right  to    which    the    master  is  entitled,  and 
what  wdl  be  the    consequence?     Will    they   harmonize  and  love 
each  other  because  they   are  equal  in  all  respects  in  the  eye  of  the 
law,  or  may  not  the   antipathy,  the  rivalry,   and  hatredof  castes 
assume  the  place  of  servile  obedience  ?     Let  the  jealou.sies,  hatred, 
and  wars  which  in  all  ages  of  the  world  have  prevailed  amongst 
castes,  answer  the  inquiry.  Why,  sir,  during  this  very  session  of  Con- 
gress, the  Indians  of  Yucatan  have  been  committing  horrible  butch- 
eries ol  the  white  inhabitants,  and  in  llayti  the  negroes  have  been 
murdering  the  mulattoes.  Trace  these  wars  to  their  source,  and  wo 
find  no  other  cause   for  them  as  potent  as  the  dilferenco  of  color. 
Let  any  man  of  sense  look  ahead,  and  contemplate  what  must  in- 
evitably happen  in  the  southern  States,  especially  in  those  where 
the  black  population  exceeds  the  white,  in  ease  our  slaves  are  in- 
vested with  all   the  rights  and  privileges  of  free  white  citizens. — • 
Let  atiy  one   contemplate   the  consequences   likely  to  result  from 
the  suflVages  of  those  recently  liberated,  with  their  passions  in- 
flamed hy^blaek  or   white  demago-jues,  speaking  to  them  of  past 
oppressions  and   pointing  to  mansion.*  of  elegance,  well-slocked 
farms,  and  rich  plantatiijns  as  the  fruits  of  their  labor  and  the  la- 
bor of  their   ancestors.     Can  any  thing  short  of  dangerous  agita- 
Jicins  and  bitlcr  animosities,  if  not  agrarian  laws  and  intestine  yvtir, 


spring  from  such  a  state  of  things  ?  Sir,  I  have  witnessed  the  free 
white  population  of  my  own  beloved  Slate  at  the  point  of  civil 
war,  when  divided  upon  a  constitutional  question  affecting  the 
debtor  and  creditor  classes  of  society.  I  have  seen  my  own  State 
distracted  between  t.vo  appellate  judicial  tribunals,  a  ''new  court" 
and  an  "old  court."  I  have  seen  neighbors  and  families  so  divi- 
ded, excited,  and  infuriated,  in  regard  to  relief  laws  and  the  con- 
stitutional power  of  their  legislature  to  remove  obnoxious  judges 
by  reorganizing  the  acts  relative  to  their  courts,  as  to  be  almost 
driven  to  the  shedding  of  blood.  I  have  heard  of  anti-rent  diffi- 
culties and  murders  in  New  York  growing  out  of  the  relation  of 
landlord  and  tenant.  To  teach  the  poor  that  the  rich  are  their 
oppressors  has  become  an  article  of  faith  in  the  political  creed  of 
demagogues.  In  view  of  these  things,  I  never  will  consent  to  see 
political  contests  between  black  men  and  their  former  masters  in 
my  own  State  or  any  other  southern  State.  On  that  subject  the 
opinion  of  the  whole  South  is  unalterably  settled,  and  the  northern 
abolitionist  who  expects  to  change  it  is  a  philanthropist  of  the 
strait-jacket  order.  Sir,  the  idea  of  political,  civil,  and  social  equal- 
ity between  the  black  and  white  races,  in  the  same  community,  is 
an  impossibility,  and  the  sooner  all  ranks  of  citizens.  North  and 
South,  perceive  it,  the  better  for  all. 

The  conduct  of  non-slaveholding  communities  confirms  my  opi- 
iiions,  and  justifies  the  South  in  refusing  to  abolish  slavery.  What 
has  the  Senator  from  New  York,  [Mr.  Dix,]  said  in  rcard  to 
free  negroes?  He  has  most  unequivocally  declared  that  he  re- 
garded them  as  disadvantageous,  if  not  a  nuisance,  to  the  white 
population  ;  and  the  Senator  from  Ohio,  [Mr.  Cobwin,]  went  so 
far  as  to  evince  a  determination  to  exclude  that  description  of  po- 
pulation, and  to  prevent  their  settling  in  his  State  by  force.  In 
ihis  his  constituents  had  taken  the  lead,  and  actually  put  his  prin- 
ciples into  practice  by  the  expulsion  of  the  Randolph  negroes.  Il- 
linois has  excluded  free  negroes  from  her  territory  by  constitution- 
al provisions.  I  know  not  how  many  free  negro  mobs  have  been 
gotten  up  from  time  to  time  in  our  northern  cities.  Wiih  these 
northern  manifestations  of  hostility  to  the  doctrine  of  social  and 
civil  equality  with  the  negro  race  before  our  eyes,  how  can  gen- 
tlemen expect  us  to  welcome  and  endure  a  state  of  things  so  ab- 
horrent to  them  ? 

We  are  charged  with  doing  violence  to  the  moral,  liberal,  and 
regenerating  free  principles  of  the  age  in  which  we  live,  when  we 
ask  to  be  allowed  to  emigrate  with  our  slaves  to  New  Mexico 
and  California.  The  up-risen  people  of  France  and  the  overthrow 
of  Louis  Philippe  have  been  referred  to,  and  those  of  us  who  vo- 
ted applauding  sympathy  to  Frenchmen  are  charged  with  incon- 
sistency. In  France  there  is  a  homogeneous  population.  The 
difference  of  castes  does  not  prevail.  No  natural  jealousies  or 
antipathies  exist,  growing  out  of  diflerence  of  color.  Hence  there 
could  be  in  France  no  objection  to  placing  the  entire  population 
upon  the  basis  of  political  and  social  equality,  allowing  intellectu- 
al  and  moral  attainments  to  regul.ate  the  grade  of  individual  ele- 
vation. I  believe  there  are  insuperable  barriers  to  this  equality 
among  the  black  and  white  population  of  the  United  States  ;  and 
hence  I  am  not  inconsistent  when  I  sympathize  with  Frenchmen 
in  their  efforts  to  establish  a  republic.  But,  sir,  the  recent  insur- 
rection in  Paris  furnishes  a  most  striking  illustration  of  the  danger 
likely  to  result  from  the  sudden  withdrawal  of  the  ligaments  by 
which  society  is  bound,  and  to  which  it  i-j  habituated.  We  have 
seen  multitudes,  ouvriers,  under  the  fascinating  idea  of  organized 
labor,  living  upon  the  public  treasury  in  idleness,  until  it  was  ob- 
vious that  public  bankruptcy  would  result  from  the  continuance  of 
the  system.  We  have  seen  the  same  persons  organizing  to  over-  ' 
throw  the  government  so  soon  as  their  craft  was  in  dan<Ter,  in- 
scribing upon  their  insurrectionary  banners,  "pillage,  if  victorious; 
conflagration,  if  defeated."  Sir,  if  the  working  classes  of  France, 
as  soon  as  they  are  emancipated  from  the  shackles  of  monarchy, 
forgetting  their  duties  to  liberty,  by  the  establishment  of  just  laws 
and  social  order,  and  organizing  for  public  plunder,  march  to  the 
accomplishment  of  their  nefarious  purposes  through  scenes  of  fra- 
tricidal carnage,  what  may  vi'e  not  expect  from  the  emancipation 
of  three  millions  of  slaves,  and  immediately  conferring  upon  them 
equal  social  .and  jiolitioal  rights  ?  , 

It  seems  to  me  that  gentlemen  from  the  North,  in  their  inces- 
sant attacks  of  our  "peculiar  institution,"  are  influenced  by  a  zeal 
without  knowledge.  Let  them  coofly  look  at  facts,  and  Ihey  will 
find  involuntary  servitude  enough,  besides  negro  slavery  to  deserve 
their  sj'mpathy.  What  is  the  relation  between  parent  and  child 
but  a  system  of  involuntary  servitude,  differently  regulated  in  va- 
rious countries,  but  continuing  on  the  part  of  the  child  until  the  peri- 
od fixed  by  law  arrives  when  parental  control  and  authority  cease  ? 
I  admit  that  filial  aflection  induces  a  willing  obedience  to  a  great 
extent  :  but  there  are  eases,  many  of  them,  where  the  service  is 
extorted  or  coerced  by  the  authority  of  the  parent.  I  concede 
that  this  relation  of  parent  and  child,  founded  in  nature  and  regu- 
lated by  law,  deserves  the  name  of  holy.  I  admit  the  great  dif- 
ference between  the  relation  of  parent  and  child  and  that  of  miis- 
tor  and  slave.  I  only  refer  to  the  former  to  show  that  there  is  a 
case  where  the  will  and  actions  of  one  person  arc,  for  the  good  of 
that  person  during  minority,  subjected  from  necessity  to  the  con- 
trol of  the  will  of  another.  The  period  at  which  nonage  termi- 
nates is  regulated  by  law,  and  hence  the  service  of  the  child  may 
bo  continued  long  after  his  intellectual  and  physical  capacity  have 
enabled  him  to  provide  for  and  take  care  of  himself. 

There  is  yet  another  instance  of  involuntary  servitude  imposed" 
by  law,  not  for  the  punishment  of  criUie,  but  to  display  the  noblest 
li«tnanity,    Wiiat  are  our  lunatic  asylmns  but  houses,  no:  prisoM^ 


July  25.]  i 


THE  COMPROMISE  BILL. 


949 


in  which  unwillinsr  subjects,  not  slaves,  are  subjected  by  law  to 
the  control  of  anotlier's  will.  Their  servitude  is  involuntary,  and 
continues  through  the  lucid  interval,  and  that  is  justitied  upon  the 
ground  that  the  patient  is  not  yet  thoroughly  relieved  of  his  mala- 
dy.  Now,  sir,  I  am  well  a*are  that  in  putting  theso  oases  of  in- 
voluntary servitude,  sanctioned  bylaw  and  not  imposed  for  the 
punishment  of  crime,  I  may  be  doing  little  else  than  laying  iln- 
foundation  for  raillery  and  more  indignation  in  the  northern  min'd  and 
heart.  I  admit  the  vast  diflbrence  in  degree  between  these  cases 
of  involuntary  servitude  and  that  of  negro  slavery,  but  1  defy  the 
intellect  of  man  to  make  them  less  than  cases  of  involuntary  ser- 
vitude, in  which  the  will  or  volition  of  one  person  is  oontrolled  and 
subjected,  according  to  law,  to  the  will  of  another.  In  the  pa- 
rental  relation,  the  father,  too,  may  maintain  an  action  against 
the  seducer  of  his  daughter,  and  recover  damages,  upon  the  idea 
that  he  has  a  property  in  her  service  as  his  servant  ;  and  it  is  this 
idea  of  property  in  the  service  of  his  child  which  alone  enables 
him  to  maintain  the  action.  Now,  sir,  these  things  prove  that 
society,  for  its  welfare,  may  subject  men  and  women,  until  they 
are  twenty-one,  or  any  other  aa;e,  to  the  control  of  parents  or 
guardians,  and  lunatics,  even  during  their  lucid  intervals,  to  the 
custody  and  management  of  keepers.  I  might  mention  the  vic- 
tims of  poverty  in  county  poor-houses  as  a  Inrther  illustration.  1 
may  be  told  by  gentlemen  from  the  North  that  I  am  pulling  cases 
where  the  law  acts  through  benevolence  towards  those  who  are 
restrained  in  their  liberty  and  volition.  Be  it  so.  I  am  not  now 
dealing  with  nxitives  ;  my  object  is  to  establish  the  fact  I  hat  in- 
voluntary servitude  may  and  does  exist,  in  harmony  wiih  the  wel- 
fare and  good  order  of  society,  without  being  a  punishment  for 
crime.  An  apprenticeship  to  learn  a  trade  is  another  strong  il- 
lustration. My  object  in  putting  these  cases  is  to  show  that  in- 
voluntary servitude  is  not  the  horrible  thing  it  is  represented  to  be, 
and  that  when  the  permanent  sifety  and  welfare  of  the  commu- 
nity require  it,  negro  slavery  may  be  tolerated  and  regulated  by 
law,  especially  when  those  among  whom  it  exists  are  not  at  all 
responsible  for  its  introduction. 

Can  any  good  result  from  the  denunciation  of  slaveholders  '. 
Will  it  benefit  the  slave  to  exasperate  his  master  >  If  the  abo- 
litionist could  but  know  that  his  intemperate  denunciation  and 
misguided  and  ill  digested  expressions  of  sympathy  have  had  no 
other  efl'ect  than  to  tighten  the  cords  of  slavery,  surely  he  would 
allow  his  reason  to  control  his  feeliiigs,  and  he  would  leavi'  to  the 
people  of  the  South  tho  entire  management  of  their  domestic  in- 
stitutions in  their  own  way.  If  we  are  afflicted  with  evil,  let  us 
judge.  We  reject  obtrusive  and  gratuitous  instruction.  I  do  not 
doubt  but  that  there  are  cruel  and  inhuman  masters.  I  do  not 
doubt  but  that  many  individual  eases  of  cruelty  have  occurred  and 
may  occur  again.  There  are  cases  of  cruelty  in  the  matrimonial 
relation,  and  for  many  of  which  divorces  are  granted  ;  but  will 
any  one  assert  that  the  relation  of  husband  and  wife  is  necessarily 
cruel  and  inhuman  i  It  is  not  true,  sir,  that  African  slavery  i.s 
necessarily  accompanied  hy  acts  of  cruelty.  In  my  own  State  we 
have  laws  to  take  slaves  from  cruel  masters,  and  apprentices  like- 
wise. So  also  we  havo  laws  to  take  children  from  cruel  jiareiits, 
and  to  release  wives  from  cruel  husbands.  There  is  nothing  more 
fallacious  than  to  make  a  few  individual  cases  the  basis  of  conclu- 
sions m  regard  to  the  whole  subject.  Now,  sir,  I  do  not  hesitate 
to  assert  that  there  is  not  a  laboring'  popirlation  to  be  I'ound  on 
earth  who,  in  the  general,  are  better  provided  for  than  the  slaves 
of  Kentucky.  Our  tables  of  population  jirove  beyond  controversy 
that  the  entire  slave  population  of  the  United  States  are  treated 
with  kindness  and  humaniiy.  It  is  the  master's  pecuniary  interest 
not  to  abuse  the  slave,  and  there  is  a  guarantee  for  good  treat- 
ment, if  no  higher  motive  existed.  But  look  at  the  facts.  Can  a 
down-trodden,  half-starved,  half-clothed,  miserable,  worked-to- 
death  population  increase  and  duplicate  their  numbers,  as  tho  slave 
population  and  free  blacks  of  the  United  States  have  done?  In  1790 
there  were  only  50,466  Iree  persons  of  color  in  the  United  States.  In 
1840  there  were  386,303 — making  an  increase  of  more  than  six-fold. 
No  other  fact  is  necessary  to  prove  the  existence  of  a  strong  dis- 
position to  emancipate.  The  importation  of  slaves  from  abroad 
was  allowed  up  to  the  iirst  of  January,  1808.  I  have  no  know- 
ledge how  many  were  imported  between  1790  and  that  time.  I 
therefore  take  the  census  of  1810  as  the  basis  of  a  calculation  to 
show  how  the  black  population,  free  and  slave,  h.as  increased. 
The  total  colored  population  in  1810  was  1,377,810.  In  1840  it 
was  2.873,759.  Thus  in  thirty  years  they  increased  at  the  rate 
of  208^  per  cent.  Now,  compare  this  with  our  free  white  popu- 
lation. In  1810  wo  had  5,862,004  free  whites.  In  1840  we  had 
14,189,595.  Thus  the  increase  with  the  free  whites  was  at  the 
rate  of  212  per  cent,  making  a  ditlerence  of  only  33t5  per  cent,  in 
thirty  years.  But  it  must  bo  remembered  that,  during  these  thir- 
ty years,  tho  tide  of  European  emigration  has  been  pouring  in  up- 
on us  at  the  rate  of  hundreds  of  thousands,  to  help  to  swell  the 
numbers  of  free  whites,  and  that,  during  the  greater  part  of  the 
same  period,  we  have  sent  out  black  emigrants  to  Liberia.  Re- 
garding the  accessions  to  our  population  from  abroad,  it  would 
materially  reduce  the  33  J  per  cent,  of  difference,  and  show  that 
our  black  population  had  multiplied  nearly  if  not  quite  as  fast  in 
a  period  of  thirty  years  as  the  wliite.  I  regard  this  as  demonstra- 
tion that  there  is  no  just  foundation  for  those  charges  of  cruelty 
and  inhumanity  which  are  constantly  put  forth  to  tho  prejudice  of 
the  people  of  the  South.  I  feel  assured  that  there  is  no  southern 
State  but  will  legislate  still  further,  if  it  be  necessary,  to  secure 
humane  treatment  to  their  slaves.  I  hope,  therefore,  that  our 
northern  brethrea  will  dry  up  their  tears  and  dis^ess  theBjselves 
no  more. 


I  have  said  thus  much  to  vindicate  my  section  of  the  country 
against  harassing  and  offensive  attacks  from  those  who  have  only 
done  mischief  by  attempting  to  interfere  in  our  concerns.  I  am  no 
advocate  for  the  institution  of  neirro  slavery.  I  believe  its  exist- 
ence in  Kentucky  to  be  prejudicial  to  the  best  interests  of  the  wliite 
population,  and  if  I  had  the  power  to  colonize  and  remove  every 
slave  within  the  borders  of  my  own  State,  I  would  most  cheerfully 
do  it.  But  I  am  deeply  impressed  with  the  conviction,  ihat  K.  lib- 
erate our  slaves  and  retain  them  among  us,  either  with  full  or  par- 
tial privileges  as  free  citizens,  would  be  a  calamity  which  would 
induce  every  sane  man  who  could  escape,  to  fly  from  a  society  so 
constituted.  The  reasons  for  this  opinion  I  have  long  since  pub- 
lished and  printed.  I  am,  therefore,  only  willing  to  emancipate 
upon  tho  condition  of  colonization.  But,  when  the  people  of  the 
South  propose  colonization,  how  are  they  met  by  those  of  the 
North  '.  We  are  told  that  it  is  inhuman  to  expatriate  free  negroes 
or  slaves,  and  that  the  scheme  is  impracticable.  I  will  endeavor 
to  satisfy  all  reasonable  considerate  men  that  one-half  tho  expen- 
ses of  tho  Mexican  war  invested  in  a  six  per  cent,  stock  would, 
by  a  proper  system  of  African  coloniz.ition,  in  less  than  fifty  years 
extirpate  slavery  in  the  United  States.  I  will  give  llie  scheme  as 
applicable  to  my  own  Slate,  and  if  its  practicability  be  demonstra- 
ted, the  demonstration  can  easily  be  applied  to  every  other  Slate. 
Let  a  future  day  be  tixed,  after  which  everv  slave  child  born  shall 
be  tho  property  of  the  State,  for  the  purpose  of  colonization. — 
Place  the  children  when  weaned  in  the  hands  of  those  who  will 
raise  them — females  till  they  are  eighteen  years  of  age,  and  males 
until  they  are  twenty-four  or  twenty-five,  and  upon  their  reaching 
these  ages  send  them  to  Africa.  There,  in  a  few  words,  is  the 
whole  scheme.  Now  as  to  its  practical  operation.  Bv  sending 
oil  the  females  as  thoy  reached  eighteen,  the  race  would  become 
extinct  in  less  than  iifty  years,  with  the  exception  of  a  few  old 
slaves  past  the  prime  of  life.  The  departure  of  the  females  as 
they  reached  womanhood  would  put  an  end  to  tho  birth  of  slaves 
among  us.  Tho  extirpation  ol  slavery  under  such  a  rule  is  there- 
fore just  as  certain  as  the  laws  of  nature.  But  it  would  be  slowly 
accomplished.  So  much  the  better  on  that  account,  as  Africa  is  not 
fitted  for  tho  reception  of  all  at  once,  and  by  doing  the  thing  gradu- 
ally wo  should  accommodate  ourselves,  in  our  labor  and  habits,  to 
the  new  .state  of  things  slowly  yet  certainly  taking  place.  Where 
is  the  money  to  come  from  to  defray  tho  expense,  and  who  is  to 
furnish  it  !  The  colonization  society  can  charter  shijis  and  irans- 
jiort  adult  colonists  and  take  care  of  them  in  Alrica,  until  they  are 
acclimated  and  capable  of  providing  for  themselves,  for  $60  a 
head.  In  their  own  packet  they  do  it  for  $50  a  head.  This  infor- 
mation is  given  to  mo  by  Mr.  McLain,  tho  secretary  of  the  soci- 
ety. Now,  I  believe  that  those  to  whom  the  children  are  bound 
would,  in  consideration  of  their  services,  readilv  stipulate  to  fur- 
nish the  required  outfit.  Poor  white  children'are  bound  out  by 
our  laws,  and  the  master  or  mistress  is  required  to  teaeh  them  a 
trade,  to  educate  them,  &c.  Boys  are  bound  until  they  arrive  at 
twenty-one  years  of  age,  and  girls  till  they  reach  sixteen.  They 
are  to  bo  furnished  with  three  pounds  ten  shillings  in  money  and 
a  now  suit  of  clothes  when  their  term  of  service  expires.  I  would 
lengthen  the  apprenticeship  of  male  colonists  so  as  to  raise  the 
funds  necessary.  Females  being  apprenticed  until  eighteen,  would 
serve  two  years  longer  than  the  period  required  for  white  appren- 
ticed girls,  and  therefore  their  services  would  be  much  more  val- 
uable. If  the  apprentice  lived  and  emigrated  to  Africa,  I  would 
make  just  compensation  to  the  owner  ;  but  if  the  slave  died  during 
the  apprenticeship,  and  before  his  labor  had  paid  for  his  raising, 
then  nothing  would  be  duo. 

Under  the  foregoing  plan  how  many  slaves  would  it  be  neces- 
sary to  transport  annually  from  Kentucky  i  By  the  census  of  1840 
there  were  30,818  female  slaves  in  the  State  between  the  age 
ol  10  and  24  years  Divide  by  14,  and  it  gives  2,201  in  iheir  18th 
year.  Now,  the  slave  children  at  this  time  in  Kentucky  would  for 
the  next  eighteen  years  supply  annually,  in  growing  up,  2,201  fe- 
males for  transportation.  15ut  just  as  soon  as  the  system  goes 
into  operation,  there  will  be  fewer  children  born.  After  the  end 
of  thirty  years  from  its  commencement,  it  may  be  safely  aliirmod, 
there  would  not  bo  a  slave  born  in  Kentucky  ;  after  twenty  years 
there  would  be  but  few  births  among  the  mothers  remaining  in  the 
country.  In  the  nineteenth  or  twentieih  year  of  the  operation  of 
the  system  there  would  be  fewer  females  to  transport  than  in  the 
preceding  year,  and  from  that  time  their  numbers  would  rapidly 
diminish,  until  not  one  in  her  18th  year  could  bo  found  for  trans- 
portation. Now,  multiply  2,201  by  $50,  the  sum  it  costs  the  c-ol- 
niiization  society  in  its  own  packet,  and  wo  have  $110,050  only  as 
the  sum  necessary  to  be  expended  annually  for  the  certain  and  gra- 
dual extirpation  of  slavery  in  Kentucky.  But  it  may  be  said  it 
would  be  cruel  in  the  extreme  to  send  till' females  without  sending 
males  with  them.  Admit  it,  and  double  the  expenditure  in  order 
to  send  off  an  equal  number  of  males,  and  it  only  makes  $220,100. 
Under  such  a  state  of  apprenticeship,  and  by  lengthening  the  pe- 
riods of  service  of  the  males  until  they  arrived  to  21  or  25  years, 
or  oven  longer  if  necessary,  and  requiring  them  to  labor  the  last 
four  or  five  years  in  aid  of  colonization,  I  entertain  no  doubt  but 
our  slave  population  can,  by  their  own  labor,  without  costing  our 
white  population  one  cent,  transport,  settle,  and  provide  for  them- 
selves in  Africa.  But  it  must  be  systematically  undertaken  and 
persevered  in  to  do  it  Now,  sir,  the  entire  female  slave  popula- 
tion of  the  United  States  in  1840,  between  the  ages  of  10  and  24, 
amounted  to  390,117  only  By  the  same  rule  of  calculation  we 
havo  27,865  in  their  18lh  year,  and  of  the  proper  age  for  coloniza- 
tion. This  number  multiplied  by  $50  gives  $1,393,250,  as  the  an- 
nual expenditure  necessary  W  remove,  upon  roy  plan,  the  whola 


950 


THE  COMPROMISE  BILL. 


[TuESBAY, 


female  slave  population  of  the  United  States  as  they  reach  their 
18th  year.  But,  under  the  idea  that  humanity  requires  us  to  send 
out  an  equal  number  of  males,  let  the  expenditure  be  doubled,  and 
it  makes  $2,786,500.  I  said  half  the  expenses  of  the  Mexican 
war,  invested  in  a  six  per  cent,  stock,  would  accomplish  the  ob- 
ject. A  capital  of  $50,000,000  would  produce  annually  the  sura 
required,  and  an  excess  of  more  than  $200,000  for  continrreneies. 
I  have  thus,  sir,  only  sketched  the  outlme  of  a  plan  by  which  uni- 
ted systematic  effort  can  extirpate  slavery.  I  have  no  time  to  go 
into  minute  details,  and  obviate  every  conceivable  objection.  Only 
look  at  the  thousands  and  hundreds  of  thousands  of  foreigners  an- 
nually landing  upon  our  shores  from  the  old  world,  and  then,  sir, 
reflect  that  it  only  requires  the  removal  of  27,865  female  slaves 
annually,  at  a  cost  of  $1,393,250,  and  no  sane  mind  can  doubt  the 
|iraeticability  of  the  scheme.  1  have  made  the  calculations  upon 
the  census  of  1840.  The  increase  of  population  since  then  would 
mcrease  the  numbers  and  expense  ;  but  I  possess  no  data  upon 
which  to  give  the  increased  expenditure  required  with  accuracy. 
In  our  unboundeti  schemes  of  annexation  and  dominion,  we  have 
nothing  to  do  but  to  annex  Jjiberia,  govern  her  as  a  colony  until 
we  have  located  the  negro  race  there,  and  then  separate,  leaving 
her  an  independent  republic.  Such  a  scheme,  in  its  execution, 
would  lead  to  commercial  results  magnificent  in  their  develop- 
ment ;  and,  while  it  would  be  just  as  constitutional  as  other 
schemes  of  annexation,  would  be  infinitely  wiser,  because  its  mo- 
tive would  be  peace  and  good  will  to  man,  instead  of  war,  con- 
quest, and  national  aggrandizement. 

But  suppose,  Mr.  President,  colonization  is  rejected,  what  is  to 
happen  then  ?  You  cannot  divest  slavery,  from  the  influence  of 
certain  causes  which  have  heretofore  and  will  continue  to  operate 
upon  it,  producing  results  beyond  the  control  of  hiunan  legislation. 
These  have  been  most  ably  presented  by  a  citizen  of  my  own 
State  of  great  attainments,  John  A.  McClung,  Esq.,  in  a  speech 
delivered  before  the  Kentucky  Colonization  Society  in  January 
last.  Our  decennial  tables  ot  population  prove,  that  in  reference 
to  many  States  in  our  Union,  slavery  has  been  marked  by  three 
distinct  stages  :  the  first  is  when  the  slave  population  increases  at 
a  greater  ratio  than  the  white  ;  the  second,  when  the  white  popula- 
tion increases  at  a  greater  ratio  than  the  slave  ;  and  the  third 
when  the  slave  population  actually  decreases.  It  is  remarkable, 
too,  that  these  changes  have  progressed  witii  great  regularity,  es- 
tablishing beyond  controversy,  that  when  the  slave  poprilation  be- 
gins to  decrease,  it  must  go  on  until  the  causes  which  produced  its 
decline  will  ultimately  cxtermiuale  it.  New  York  and  New  Jer- 
sey together  had,  in  17!tO,  32,747  slaves.  By  the  census  of  1800 
the  number  of  slaves  in  these  two  States  had  increased  only  eigh- 
teen ;  but  there  was  a  decrease  in  New  York  of  981,  and  an  in- 
crease in  New  Jersey  of  999.  After  1800  the  slaves  in  both  States 
rapidly  declined,  until  in  1840  there  were  but  678  left,  and  now  in 
both  States  the  institution  has  been  abolished.  In  Delaware  the 
number  of  slaves  has  decreased  from  8,887  in  1790  to  2,605  in 
1840.  In  Maryland  the  number  of  slaves  increased  until  1810.  In 
1820  they  had  decreased  from  111,502  in  1810  to  107,398.  Thus 
the  number  for  a  period  of  ten  years  fell  about  4.000.  In  the  next 
period  often  years  the  fall  was  a  little  more  than  5,000,  and  by 
the  census  of  1840  the  number  had  come  down  to  89,737,  exhibit- 
ing a  diminution  in  number  of  12,4.57  in  the  last  ten  years.  In  the 
Distsict  of  Columbia  the  number  of  slaves  was  6,377  in  1820,  had 
slightly  declined  in  1830,  and  came  down  to  4,694  in  1840.  In 
Virginia  the  number  of  slaves  continued  to  increase  until  1830, 
when  they  reached  469,757.  The  census  of  1840  exhibits  a  decline 
of  20,770.  Thus  we  see  that  slavery  has  reached  its  height  in  the 
States  on  the  Atlantic,  including  Virginia  and  all  north  and  east, 
and  commenced  declining,  making  such  progress  that  tliose  far- 
thest north  and  east  have  abolished  the  institution.  In  North  Car- 
olina in  1830  there  were  245,601  slaves.  In  eighteen  hundred  and 
thirty  there  were  245,817,  showing  an  increase  of  216  only  ; 
so  that  slavery  for  the  intervening  ten  years  was  upon  a  stand. 
In  Kentucky,  we  have  passed  from  the  first  into  the  second  stage 
of  the  institution.  The  census  of  1840,  fo.-  the  first  time,  showed 
that  our  free  population  had  increased  by  a  small  but  greater  ra- 
tio than  the  slave.  Since  1840  ^mr  slave  pojuilation  has  been 
nearly  at  a  stand.  Our  lists  of  taxable  property,  in  which  the 
slaves  are  annually  enumerated,  show  that  in  1847  their  number 
was  139,549  ;  showing  an  increase  of  only  7,291  since  the  census 
of  1840  ;  or  an  increase  at  the  rate  of  about  half  of  one  per  cent, 
per  annum.  There  has  been  no  enumeration  of  the  whole  of  our 
iree  population  since  1840  ;  but  from  other  facts  there  is  no  doubt 
that  our  free  population  has  increased  during  the  same  period  at  a 
much  greater  rate.  In  1839  our  free  white  males  over  twentv-onc 
years,  or  the  voters  of  the  State,  nuiiibered  108,500.  In  1847  our 
voters  amounted  to  136,945  ;  making  an  increase  at  the  rate  of 
more  than  three  per  cent,  per  annum  for  the  last  eight  years.  In 
1S47  we  had  173,968  free  children  between  the  ages  of  five  and 
sixteen  years  ;  showing  an  increase  of  4,773  in  one  year.  These 
facts,  exhibited  in  the  report  of  our  second  auditor,  show  that  our 
white  population  in  Kentucky  is  rajiidly  increasing,  while  the  slave 
jiopulation  is  nearly  at  a  stand  ;  and  they  likewise  prove  that  the 
ilay  is  not  distant  when  the  number  of  slaves  in  Kentucky  will  be- 
gin to  decrease  as  in  Maryland  and  Virginia.  Our  auditor's  re- 
port already  shows  a  decrease  in  the  number  of  slaves  in  twenty- 
eight  counties  in  the  State,  comparing  the  years  1846  and  1^47  ; 
and  our  lists  of  taxable  property  ])rove  that  there  are  more  than 
three-fourths  of  our  voters  who  do  not  own  a  slave.  These  re. 
suits  have  in  part  been  produced  liy  an  act  of  the  legislature, 
passed  in  ia33,-proliibUing-,iUe  introduction  of  slaves  into  th« 

Cloilv    mil  .iif.lq  yui   ::■••-]<(  ,sv.  '  .'Jifv"'  i 


State,  except  brought  by  emigrants,  or  when  they  have  been  ac- 
quired by  inheritance.  If  the  convention  about  to  be  called  in 
Kentucky  should,  in  the  new  constitution,  provide  that  the  further 
introduction  of  slaves  should  under  no  circumstances  be  allowed, 
such  a  provision,  I  have  no  doubt,  woiUd  tend  to  the  rapid  dimi- 
nution of  the  slave  population. 

There  are  causes  existing  in  the  slaveholding  States,  independ- 
ent of  human  sympathies  and  legislation,  which  tend  to  the  remo- 
val of  slaves  from  those  of  them  furthest  north  to  those  situated 
furthest  south.     I  will  enumerate  some  of  them  : 

First,  and  ehiefest,  slave  labor  can  be  more  profitably  employed 
in  the  planting  States  to  the  South,  in  rice,  sugar,  and  cotton- 
fields,  than  it  can  be  in  the  grain-growing  and  stock-raising  re- 
gions of  the  middle  States  ;  and  hence  there  is  a  strong  motive  of 
interest  and  gain  to  transfer  .slaves  where  they  can  be  most  profit- 
ably employed. 

Second.  In  growing  grain  and  raising  stock  the  unskilful  and 
careless  management  and  habits  of  the  slave,  and  the  impractica- 
bility of  furnishing  him  constant  emjdoyment  after  the  country  is 
cleared,  farms  improved,  and  popidation  become  dense,  renders  it 
cheaper  for  the  farmer  to  hire  labor  as  it  is  wanted  than  to  keep 
slaves  of  all  ages  and  sexes,  who  are  to  be  fed,  clothed,  and  pro- 
vided in  all  respects  at  his  expense  throughout  the  year. 

Third.  As  our  free  population  increases,  there  wdl  be  an  in- 
creased competition  among  those  seeking  employment.  This  nat- 
urally brings  down  the  price  of  labor,  and  enables  the  farmer  not 
only  to  obtain  free  labor  whenever  he  wants  it,  but  at  such  re- 
duced rates  as  lo  make  it  more  jnofitable  than  slave  labor.  The 
inevitable  consequence  is,  that  the  master's  interest  requires  him 
to  send  his  slaves  further  South,  into  newer  soils,  where  labor  is 
more  in  demand,  and  commands  higher  wages,  and  produces  bet- 
ter crops. 

Fourth.  The  climate  and  mild  temperature  of  the  latitudes  be- 
low thirty-six  degrees  are  better  suited  to  the  constitution  and 
habits  of  the  negro  race  than  those  north  of  that  line.  I  believe 
the  negro  is  better  fitted  by  nature  to  labor  under  a  southern  sun 
than  the  white  man.  All  these  causes,  combined  with  others,  ac- 
count for  the  facts  exhibited  in  our  census  tables,  and  they  will  con- 
tinue to  operate,  with  the  same  efl'ect,  until  the  cotton,  sugar,  and 
rice  lands  of  the  South  are  fully  brought  into  cultivation  and  ade- 
quately supplied  with  slave  labor.  Some  unlooked-for  revulsion 
may  render  slave  labor  more  profitable  in  corn-fields  and  meadows. 
In  that  event,  they  will  be  retained  in  the  grain-growing  and  gra- 
zing States  where  they  now  are. 

But,  sir,  the  time  is  rapidly  advancing  when  a  crowded  population 
will  every  where  reduce  the  price  of  labor,  and  bring  about  an  ac 
live  competition  among  those  seeking  for  employment.  Long  be- 
fore our  population  is  as  dense  as  that  of  Europe  slave  labor  will 
be  undermined,  subdued,  and  expelled  by  free  white  labor  from  all 
those  States  of  the  American  Union  where  the  white  man  is  not 
physically  enervated  by  the  climate,  and  rendered  thereby  unable 
to  enter  into  successful  competition  with  the  negro.  When  the 
means  of  subsistence  are  inadequate  to  the  full  supply  of  the  wants 
of  a  redundant  population,  it  is  not  difficult  lo  foresee  that  then  the 
sufferings  from  hunger  will  fall  with  greatest  severity  upon  the 
slaves  ;  if,  indeed,  they  are  not  all  liberated  before  that  time  ar- 
rives, from  the  utter  inability  of  their  masters  to  support  them  up- 
on the  products  of  an  exhausted  soil. 

Now,  sir,  I  hold  it  to  be  the  duty  of  a  statesman  to  contemplate 
this  vast  subject  in  all  its  aspects  before  the  time  arrives  when  ne. 
cessity  will  force  it  upon  ourchddren,  if  not  upon  ourselves.  I  have 
looked  at  it,  and  have  come  to  the  conclusion  that  wisdom  and  phi- 
lanthropv  might  unite  upon  a  system  of  colonization,  calculated  in 
its  results  to  bless  the  white  man  and  the  black,  to  relieve  Ameri- 
ca of  a  class  whose  continuance  here  I  regard  as  an  evil,  and 
whose  removal  to  Africa  would,  under  the  providence  of  the  Al- 
mighty, civilize  and  Christianize  that  savage  and  pagan  conti- 
nent. 

Now,  sir,  with  these  views,  I  think  that  scattering  the  slaves 
we  have  over  wider  territory  would  promote  a  more  rapid  decrease 
of  that  population  in  those  States  where  it  is  now  diminishing,  and 
hasten  the  period  when  with  safety  they  might  imitate  the  exam- 
ples of  New  York  and  New  Jersey.  We  do  not  make  another 
slave  by  spreading  them  over  a  larger  surface.  And  as  slavehold- 
ers have  coutributed  in  the  war  with  Mexico  their  quota  ot  men 
and  money,  I  hold  that  it  is  an  act  of  justice  to  allow  them  to  parti- 
cipate in  the  enjoyment  of  the  new  territories  with  their  slaves. 
If  it  be  refused,  then  the  slave  population  will  be  confined  to  the 
limits  of  the  States  where  slavery  now  exists.  The  gentleman 
from  New  York  [Mr.  DixJ  has  declared  his  intention  so  lo  con- 
fine it,  upon  the  ground  that,  by  the  laws  of  population,  slaves 
would  increase  laster  in  ihc  cxciieuicnt,  heallh,  and  aluinrlance  ol 
new  territoi'ics  than  the\   would  il  penned  up  where  they  are. 

The  gentleman  forgets  that  the  laws  of  population  which  op- 
erates upon  free  men  do  not  afiect  slaves.  Free  men  and  women 
are  restrained,  and  will  not  readily  contract  marriage  until  they 
have  before  them  reasonable  prospects  of  comfortably  providing 
for  a  family.  Hence  dillteulty  in  supporting  a  family  is  a  great 
restraint  upon  marriage,  and  a  check  to  the  increase  of  free  popu- 
lation, lint  no  such  considerations  us  these  operate  upon  the  slave; 
he  has  no  care  in  providing  for  wife  or  chihiren.  That  is  the  bu- 
siness of  the  master,  and  consequently  nothing  will  check  the  na- 
tural increase  of  the  slave  hut  the  existence  of  such  deprivation  ol 
physical  comforts  as  to  produce  disease  and  death.  Happily  for 
the  slave  population  of  the  Smith,  there  is  not  and  has  not  been 
anything  like  physical  suffering,  for  want  of  food  and  raiment,  so 


JtitT  25.] 


T&E  COMPROMISE ^ttlL^] 


'^il 


as  to  produce  a  general  state  of  diseasCj  and  to  prevent  their  in- 
crease. It  -will  require  a  long  time  yet,  I  trnst,  before  the 
southern  States  are  incapable  of  supporting  in  comfort  their  whole 
population;  but  the  day  may,  and  probably  will,  come  when  a  su- 
perabundant population  in  the  South  may  ffiel  the  pinchings  of  cold 
and  hunger  as  they  have  been  felt  in  starving  Ireland.  "  My  phi- 
lanthropy teaches  me  to  look  ahead,  and  legislate  with  a  view  to 
postpone  those  days  of  pestilence  and  famine  as  far  as  possible. 
Hence,  I  desire  to  reduce  the  wilds  of  Africa  to  cultivated  fields, 
and  by  scattering  slavery  to  alleviate  its  pressure.  But  the  gen- 
tleman from  New  York  adopts  a  contrary  policy.  He  is  lor  dam- 
ming up  and  confining  it  to  its  present  limits,  and  bringing  it  to 
the  starvation  point  as  soon  as  possible.  Such  is  the  inevitable 
effect  of  his  policy;  and  all  this  is  to  be  done  in  the  name  of  liberty 
and  philanthropy,  under  the  sanctimous  pretence  that  free  soil  is 
not  to  be  polluted  by  the  feet  of  slaves!  Sir,  I  believe  the  true 
motive  is  to  obtain  political  power,  and  to  secure  the  whole  of  our 
new  territory  to  the  use  of  the  redundant  population  of  the  non- 
slaveholding  States,  and  those  who  entertain  strong  prejudices,  if 
not  antipathies,  against  slaveholders.  Seeing  this,  I  do  not  won- 
der that  gentlemen  representing  southern  States  suffer  their  indif- 
iiation  to  threaten  the  dissolution  of  our  Union  sooner  than  submit. 
Now,  sir,  for  myself  I  shall  make  no  such  threat.  I  will  bear  al- 
most anything  sooner  than  dissolve  the  federal  ties  whieli  bind  the 
States  together  as  one  nation.  I  do  not  believe  that  the  idea  of 
preserving  the  institution  of  slavery  by  dissolving  our  Union  has 
the  least  soundness  in  it.  On  the  contrary,  the  dissoliiioii  of  the 
Union  would  instantly  emancipate  all  the  intelligent  active  slaves 
in  the  border  slaveholding  States.  From  Kentucky  they  would 
cross  the  Ohio  river  in  droves,  and  on  reaching  the  northern  bank 
would  be  as  safe  as  they  are  when  they  reach  Canada.  We  should 
be  left  with  the  old  and  helpless  to  take  care  of  and  the  young  to 
raise.  The  same  thing  would  occur  in  all  the  border  States. 
Every  one  must  see  that  slavery  cannot  exist,  after  the  dissolution 
of  the  Union,  in  those  States  binding  upon  dismembered  States 
which  would  not  deliver  up  fugitive  slaves. 

The  Union  will  never  be  dissolved  under  the  idea  of  better  se- 
curing slave  property.  There  is  no  danger  to  the  Union  from  that 
source;  but  the  danger  lies  in  this,  that  northern  members  of  Con- 
gress, northern  ministers  and  members  of  churches,  and  the  whole 
northern  people,  will  so  accustom  themselves  to  speak  and  inveigh 
against  southern  men,  southern  institutions,  and  the  entire  people 
of  the  South  as  to  engender  sectional  feelings  and  parties;  to  cre- 
ate sectional  jealousies  and  animosities;  and  to  establish  a  public 
sentiment  in  favor  of  separation  and  non-intercourse,  in  order  to 
avoid  the  bitterness  and  hatred  which  >pring  from  an  association 
between  parties,  when  on  the  one  side  arrogant  assumptions  of  su- 
periority are  perpetually  manifesting  their  scorn  for  the  principles 
and  practices  of  the  other.  Sir,  it  is  just  as  impossible,  in  the  na- 
ture of  things,  for  confederated  States  to  remain  united,  as  it  is  for 
individuals  to  continue  their  friendly  intercourse  after  every  feeling 
of  mutual  respect  has  been  supplanted  by  mutual  contempt  and 
abhorrence.  Nor  can  the  citizens  of  a  consolidated  government, 
born  and  raised  under  such  free  institutions  as  ours,  with  the  most 
perfect  enjoyment  of  the  liberty  of  speech  and  of  the  press,  adhere 
to  a  common  government,  when  they  are  divided  into  sectional 
factions  and  feel  towards  each  other  nothing  but  rivalry  and  ha- 
tred. Such  a  state  of  aflfairs  will  be  broken  up  by  revolutions  and 
separation.  Your  last  tables  of  commerce  and  navigation  show 
that  southern  ports  sent  abroad  upwards  of  twenty  millions  of  dol- 
lars in  value  of  domestic  products  mtu-o  than  were  sent  finm  the 
ports  of  the  non-slaveholding  States.  The  conduct  of  the  northern 
abolitionists  towards  the  South;  the  feeling  of  the  North  which 
has  burst  forth  in  the  formation  of  a  free  soil  party,  with  E.x- 
President  Van  Buren  at  its  head;  the  refusal  of  this  Congress  to 
allow  slaveholders  to  emigrate  with  their  slaves  to  any  part  of 
New  Mexico  or  California;  and  the  obstructions  by  mobs  and 
otherwise  to  prevent  the  recovery  of  fugitive  slaves,  are  powerful 
agencies  in  alienating  the  citizens  of  the  South  from  those  of  the 
North,  and  generating  those  sectional  feelings  which  may  lead  to 
separation.  The  South  knows  her  mercantile  importance  in  the 
trade  of  the  world;  she  knows  that,  in  point  of  interest,  she  can 
do  as  well,  il  not  better,  without  the  labor  and  shipping  of  the 
North  than  the  North  can  do  without  the  rich  products  of  south- 
ern soil  and  labor.  I  feel  and  believe  that  both  sections  will 
flourish  best  by  reciprocal  kindness,  fraternal  toleration,  and  wise 
forbearance  towards  the  peculiar  institutions,  opinions,  and  laws 
of  each  other.  Sir.  it  would  promote  the  pecuniary  and  commercial 
interest  of  the  North  to  allow  slaveholders  to  take  their  slaves 
wherever  they  can  bo  most  profitably  employed.  Such  a  course 
would  swell  the  already  vast  aggregate  of  the  great  southern 
staples,  and  furnish  increased  employment  for  northern  ships  and 
sailors,  factors  and  merchants.  But  this  good  is  to  be  surrender- 
ed, and  we  are  to  be  influenced  by  a  vague,  undefined  notion  that 
somebody  would  be  benefited  by  confining  our  slaves  to  their  pres- 
ent limits,  and  the  idea  that  by  expansion  they  would  more  rapid- 
ly fulfil  the  great  command  to  "multiply  and  replenish  the  earth." 

But  our  southern  democracy  affects  to  believe  that  the  institu- 
tion of  slavery  is  only  safe  under  the  protection  of  the  veto  power 
of  the  Executive,  and  that  it  is  only  necessary  to  elevate  General 
Cass  to  the  Presidency  to  secure  all  they  desire.  Sir,  I  am  op- 
posed to  that  reliance.  I  will  consent  to  the  exercise  of  the  veto 
power  on  the  part  of  the  President  for  any  purpose,  except  to  save 
the  constitution  from  violation,  or  to  produce  the  reconsideration 
of  some  act  manifestly  passed  without  deliberation.  I  will  not 
sustain  or  create  any  despotic  power  in  one  man,  to  nullify  the  de- 


liberate will  of  a  majority  of  the  American  people;  and  before  I 
would  become  a  monarchist,  asking  protection  from  the  throne,  I 
would  sooner  dissolve  all  connexion  with  those  who  by  their  num- 
bers had  the  power,  and  who  by  their  votes  manifested  the  dispo- 
sition, to  oppress  me.  Kir,  I  shall  despair  of  the  republic  when 
the  Representatives  of  the  American  people  in  Congress  asseroled 
can  no  longer  bo  trusted,  and  when  wc  are  to  look  to  the  Presi- 
dent alone  for  safely. 

But  how  is  the  veto  power  to  ?avo  the  South?  Suppose  (what 
is  hardly  supposable)  that  General  Cass  should  be  elected  by  .south- 
ern votes,  and  that  Congress  should  thereafter  pass  a  bill  prohib- 
iting slavery  in  the  new  territories,  and  he  should  place  his  veto 
upon  such  bill,  how  then  shall  we  stand  in  respect  to  New  Mexi- 
co and  California?  If  anti-slavery  meinhers  of  Congress  are  suf- 
ficiently numerous  to  pass  such  a  bill,  it  is  utterly  hopeless  to  ex- 
pect that  they  will,  by  the  application  of  the  Missouri  compromise 
line,  allow  the  introduction  ol  slavery  into  these  territories  sonth 
of  .36°  30'  north  latitude.  The  consequence  is  inevitable,  that  if 
the  veto  power  of  General  Cass  as  President  should  strike  dead 
the  positive  action  of  Congress  in  prohibiting  slavery,  then  wc  arc 
to  be  left  without  any  law  upon  the  subject  in  those  territories, 
except  such  as  may  now  exist.  The  only  good  the  veto  power 
can  accomplish,  therefore,  is  to  keep  these  new  territories  without 
law  upon  the  .subject  of  slavery,  and  in  that  respect  to  give  us  pre- 
cisely the  blessings  which  we  can  derive  frorii  this  bill;  for  by  il 
the  power  to  make  laws  "respecting  slavcrj-"  in  New  Mexico  and 
California  is  interdicted,  and  on  that  subject  there  is  to  be  no 
change.  Well,  sir,  what  have  we  been  told  in  the  argument  and 
speech  of  that  profound  lawyer  from  Vermont.  [Mr.  Phelps, J 
who  warmly  advocates  the  passage  of  this  bill,  notwithstanding 
his  open  and  avowed  hostility  to  the  further  extension  of  slavery? 
Ho  says,  and  I  believe  truly,  that  it  is  only  necessary  to  prohibit 
further  legislation  on  the  subject  of  slavery  in  California  and  New 
Mexico,  to  exclude  slavery  from  their  borders  forever.  The  de- 
crees of  Mexico  aboli.shing  slavery  in  these  Stotes  or  Provinces, 
and  all  other  parts  of  her  empire,  have  been  read  at  our  clerk's 
tabic.  Now,  sir.  if  things  are  to  remain  as  thcv  are  forever, 
through  the  application  of  Executive  vetoes  or  by  the  passage  of 
this  bill,  how  is  It  possible  that  a  slave  can  be  held  as  such  in  our 
newly  acquired  territories?  If  it  be  our  "manifest  destiny,"  in  our 
progress  of  enlarging  the  "area  of  freedom,"  to  annex  Canada  and 
Ireland,  as  soon  as  the  deed  isdnne  can  Kcntuckians  or  Caroliniant 
emigrate  and  settle  with  their  slaves,  and  hold  them  as  such,  in 
either  of  those  <ountries?  As  a  Kcntuckian,  I  should  be  content 
and  pleased  to  secure  to  them  the  privilege  of  doing  so,  upon  the 
ground  that,  if  slavery  is  a  blessing,  I  was  conferring  it,  and  ma- 
king our  new  fellow-citizens  the  happier  thereby;  an<l  if  a  curse, 
that  I  was  only  dividing  it,  and  throwing  part  of  the  burden  from 
my  own  shoulders  upon  those  who,  as  conquered  or  purchased  sub- 
jects, might  rightfully  be  compelled  to  aid  their  new  associates. 
In  the  latter  case,  however,  I  think  it  would  bo  but  an  act  of  li. 
berality  to  give  our  new  brethren  a  voice  in  the  matter.  I  offered 
to  do  so,  but  the  proposition  was  rejected. 

The  position  taken  by  the  Senators  from  the  South  who  advo- 
cate the  passage  of  this  bill  is,  that,  in  virtue  of  the  constitution  of 
the  United  States,  as  soon  as  a  new  territory  is  annexed,  any 
slaveholder  may  emigrate  to  it  with  his  slave,  and  there  hold  him 
just  as  he  might  do  in  the  State  whence  he  emigrated,  although 
there  is  no  haw  in  the  territory  annexed  tolerating  the  existence  of 
slavery,  and  even  if  the  law  up  to  the  instant  of  annexation  posi- 
tively prohibited  it.  The  bill  unilor  consideration  proposes  to  sub- 
mit ilic  truth  of  that  proposition,  as  a  ipicstion  of  law.  to  the  de- 
cision of  the  Supreme  Court.  The  gentleman  from  Vermont  [Mr. 
Ppelps]  says  it  is  so  utterly  untenable,  so  manifestly  violative  of 
the  plainest  principles  of  national  law  as  laid  down  by  Vattel,  and 
in  the  dccisiims  of  the  Suprcino  Court  heretofore  pronounced,  that 
ho  will  not  hesitate  to  submit  the  question  to  that  court.  I  have 
my  opinion,  but  if  this  bill  is  to  pass,  I  see  no  propriety,  regarding 
my  position,  in  sustaining  that  opinion  by  advancing  arguments  ad- 
verse to  a  decision  in  favor  of  the  southern  side  of  the  question.  It 
is  enough  for  me  to  say,  that  I  coincide  with  the  gentleman  from 
Vermont.  I  believe  that  slavery  cannot  exist  without  law.  found- 
ed on  custom  or  usage,  or  statute.  I  therefore  perceive  no  .idvan- 
tagc  to  the  section  I  represent  from  the  passage  of  the  bill.  On 
the  contrary,  I  apprehend  it  surrenders  everything  to  the  North. 
I  therefore  wash  my  hands  of  it. 

But,  Mr.  President,  let  us  look  at  facts,  and  consider  for  a  mo- 
ment longer  how  vain  a  thing  it  is  to  hope  for  the  extension  or 
perpetuation  of  negro  slavery  by  relying  upon  the  veto  power. 
Look  at  the  preponderance  of  representatives  from  the  non-slave- 
holding  States  in  the  other  branch  of  Contjrcss.  Look  at  the  fact, 
that  tiie  State  ofDcl.aware,  from  her  diminished  slave  population, 
is  just  at  the  point  of  abolishing  slavery,  and  must  in  a  year  or 
two  more  imitate  her  neighbors.  New  Jersey  and  Pennsylvania; 
look  at  the  fact,  that  e.-cn  if  mv  proposition  to  apply  the  line  of 
36^  30'  had  been  accepted,  the  North,  after  conceding  all  the  ter- 
ritory south  of  that  line  to  the  use  of  the  slaveholders,  would  have 
an  excess  of  more  than  half  a  million  of  square  miles  of  territory. 
Look  at  all  these  facts,  and  it  is  impossible  to  obscure  and  hide 
from  our  vision  the  superior  political  strength  of  the  non-slave- 
holding  States  now  and  forever.  They  can  vote  us  down,  if  they 
will.  'They  can  elect  a  President,  if  it  be  their  pleasure,  who  will 
not  veto  "Wiimot  provisoes."  Now,  sir,  in  view  of  these  things, 
I  ask  if  it  is  not  madness  on  the  part  of  the  South  to  stake  their 
interests  and  their  peculiar  institutions  upon  an  Executive  veto, 
and  to  be  hunting  "northern  men  with  southern  principles,"  or 


952 


THE  COMPROMISE  BILL. 


(TtTESDAY, 


with  the  profession  of  such  principles  before  the  election,  as  their 
candidate  for  the  Presidency  ?  Does  not  every  one  perceive  that 
such  a  course  on  the  part  of  the  South  is  calculated  to  aggravate 
the  anti-slavery  feeling  of  the  North,  and  to  bring  upon  us  those 
insults,  reproaches,  and  arrogant  assumptions  which  will,  unless 
checked,  divide  us  into  sectional  parties  and  ultimately  sever  the 
Union  ? 

For  myself,  I  never  will  adopt  such  a  line  of  policy.  I  shall  at- 
tempt to  reason  with  my  fellow-citizens  of  the  North,  and  tliuir 
representatives,  and  when  I  find  reason  is  vain,  that  anjbitiun  and 
selfishness  are  covered  under  raock  philanthropy,  and  that  the  con- 
demned institution  of  slavery,  for  which  the  people  of  my  State 
are  no  more  responsible  than  those  of  Massachusetts,  has  efTectu- 
ally  alienated  the  hearts  of  northern  men  and  women  from  the 
people  of  the  South,  I  shall  look  toother  reli.inces  than  Executive 
vetoes.  I  shall  refuse  to  associate  in  these  hulls  with  any  set  of 
men  who  are  unwilling  to  recognize  me  and  those  whom  I  repre- 
sent as  their  equals  because  we  hold  slaves.  Sir.  lliis  may  be 
strong  language,  when  I  have  just  acknowledged  that  the  Soulh 
can  never  hope  to  equal  the  North  in  political  power.  Strong  as 
it  is,  I  adhere  to  it.  I  will  continue  no  connexion  when  I  am  to 
be  dishonered  by  it. 

Wo  are  urged  to  pass  the  bill  reported  by  the  committee  as  a 
compromise,  and  as  the  only  thing  which  can  be  agreed  upon.  We 
are  told  that  its  passage  will  quiet  agitation  and  give  repose.  As 
a  compromise,  I  regard  it  as  conceding  nothing  whatever  to  the 
Sonth.  It  provides  for  a  lawsuit  between  master  and  slave,  and 
gives  the  right  to  bring  it  by  appeal  or  writ  of  error  to  the  Su- 
preme Court.  I  am  unwilling,  when  I  return  home  and  am  asked 
by  my  constituents  whether  they  can  emigrate  with  and  hold  their 
slaves  in  New  Mexico  or  California,  to  answer  "you  may  do  so  at 
your  peril  and  at  the  risk  of  having  your  slaves  manumitted  by  the 
decisions  of  the  courts."  Who  will  take  slaves  there  under  such 
discouraging  circumstances  ?  Who  will  incur  the  costs  of  the  li- 
tigation, when  the  opinions  expressed  here  by  the  lawyers  from 
the  North  are  unanimous  against  the  master  and  in  favor  of  the 
slave  ;  and  when,  to  say  the  least,  the  lawyers  from  the  South 
are  divided  in  opinion  ?  What  master  so  linwise  as  to  risk  his 
slave  property  under  such  circumstances,  and  to  incur  the  certain 
expense  and  trouble  of  litigating  with  his  slaves,  as  provided  for 
by  this  bill  ? 

But  we  are  promised  peace  and  quiet,  in  regard  to  the  question 
of  slavery,  after  this  bill  passes.  If  this  bill  contains  one  sopori- 
fic quality,  my  alcliymistic  skill  does  not  enable  me  to  detect  it. 
Sir,  it  will  throw  a  new,  a  stimulating  ingredient  into  the  efl'er- 
vecsing  political  caldron.  What  have  we  already  heard  in  debate? 
The  gentleman  from  Ohio,  [Mr.  Corwin,]  speculates  upon  the 
workings  of  that  strangely  constructed  and  carious  organ,  the  hu- 
man intellect,  and  wonders  how  it  is  that  in  this  Senate  all  the 
members  north  of  Mason  and  Dixon's  line  think  one  way,  and 
nearly  all  South  the  other  way,  upon  the  questions  which  this  bill 
proposes  to  submit  to  the  decision  of  the  Supreme  Court.  And 
then,  sir,  we  have  it  gravely  counted  up  and  ascertaini'd  that  five 
of  the  nine  judges  of  the  Supreme  Court  live  south  of  Mason  and 
Dixon's  line.  What  is  all  this  for,  but  to  suggest  to  the  Ameri- 
can people  that  the  Supreme  Court  will  decide,  not  according  to 
the  law  of  the  case,  but  according  to  the  feelings  and  wishes  of 
the  neighbors  of  the  respective  judges,  and  that  they  will  be  in- 
fluenced by  the  slaveholding  communities  in  which  they  live.  Well, 
suppose  the  judges  should  decide  that  the  constitution,  per  se,  es- 
tablishes slavery  in  California  and  Now  Mexico,  what  then  ?  The 
gentleman  from  Ohio,  [.Mr-  Corwin.J  will  |je  ready  to  exclaim, 
"I  told  you  so  ;  I  knew  they  could  not  be  trusted  ;  "l  foresaw  the  . 
wonderful  influence  which  geographical  lines  possess  and  exercise 
over  the  human  intellect !"  And  what  will  the  gentleman  from 
Vermont,  [Mr.  Phelps,]  say  >.  He  has  already  fold  us  that  the 
question  was  too  plain  to  admit  of  doubt,  and  if  the  court  should 
decide  against  his  view,  will  he  not  exclaim,  "stupidity,  stupidity! 
corruption,  corruption  !"  And  what  will  the  great  northern  pub- 
lic say  and  do?  Sir,  they  will  denounce  the  S'upreme  Court  and 
clamor  for  Congressional  interference  to  avert  the  consequences 
of  a  corrupt  decision.  In  all  these  steps  I  foresee  the  deepest  and 
bitterest  agitations  and  criminations,  and  the  danger  is  that  they 
will  progress  and  increase  until  their  intensity  melts  the  bands  of 
union  and  dissolves  society  into  its  original  elements.  If  we  have 
power  to  refer  the  question  to  the  decision  of  the  Supreme  Court, 
have  we  not  the  power  to  settle  it  ourselves?  In  my  judgment 
there  is  no  peace  to  be  had  until  the  American  people  shairdclib- 
erately  settle  down  upon  some  policy  which  all  parts  of  the  coun- 
try can  adhere  to  ;  and  it  is  idle  to  suppose  that  a  judicial  deci- 
sion, based  upon  the  laws  as  they  now  exist  in  New  Mexico  and 
California,  will  settle  what  shall  he  the  law  in  regard  to  slavery 
in  those  territories  for  all  time  to  come. 

Mr.  President,  when  I  w.as  a  member  of  iho  House  I  voted 
against  all  rules  which  restricted  debate  upon  the  subject  of  sla- 
very. My  votes  at  the  commencement  of  the  session  sliow  that  I 
have  been  unwilling  to  silonco  any  northern  Senator,  or  to  prevent 
the  presentation  of  petitions.  I  hold  that  the  attempt  is  preposte- 
rous to  stifle  inquiry  or  to  keep  down  agitation  by  restrictions  on 
debate  or  petitions.  Such  a  course  only  incenses  the  public  mind. 
Knowing,  as  I  do,  that  no  moral  gui't  can  attach  to  the  South  for 
the  institution  of  slavery,  I  have  always  thought  that  it  was  our 
best  policy  to  say  to  the  North,  "  talk  as  much  as  you  please  ;  we 
are  not  afraid  to  hear  you,  and  we  are  very  desirous  to  understand 
your  designs  and  plan;,  so  far  as  they  are  calculated  to  afTeot  us." 


Sir,  the  discussions  upon  this  bill  have  demonstrated  the  designs 
and  plans  of  the  North  in  reference  to  slavery.  They  loom  upoii 
our  vision  like  the  waterspout  of  a  stormy  sea,  threatening  to  burst 
upon  us  and  sink  the  ship. 

Mr.  President,  if  I  know  my  own  heart  I  feel  for  the  distresses 
and  calamities  of  all  men,  and  I  am  not  only  willing,  but  consider 
it  a  duty  to  do  all  I  can,  in  private  and  in  public,  to  alleviate 
wretchedness  and  better  the  condition  of  my  whole  race.  But,  sir, 
I  have,  I  trust,  no  morbid  sympathies  or  antipathies.  I  feel  for 
the  voluntary  slave  as  intensely  as  I  do  for  the  involuntary.  What 
is  the  man  or  the  woman  but  an  mvoluntary  slave,  who,  under  the 
grinding  poverty  of  a  dense  and  crowded  population,  is  compelled 
from  necessity  to  work  according  to  the  will  of  his  employer  for 
coarse  bread  ?  Nakedness  and  hunger  are  as  potent  stimulants  to 
.the  starving  laborer  of  the  old  world  as  the  overseers  lash  to  fbe 
involuntary  negro  slave,  and  they  secure  just  as  abject  service. 
The  soldier  and  the  .sailor,  by  their  enlistment,  subject  themselves 
to  the  will  of  their  commanders,  and  may  be  shot  and  hung  for 
mutiny  or  disobedience  of  orders.  It  is  well  that  the  honors  vrhich 
they  acquire  in  time  of  war  reconcile  and  compensate  them  for  the 
hard  servitude  they  contract  to  perform.  In  our  meicamile  ma- 
rine, the  sailor,  after  his  engagement,  cannot  release  himself  from 
the  contract,  except  by  personal  service;  and  if  he  deserts,  he 
may  be  arrested,  confined,  in  jail  until  the  vessel  sails,  and  then 
delivered  up  to  the  master,  and  compelled  to  serve  during  the 
voyage.  The  cat-o'-nine-tails  secures  order  and  obedience  on  board 
the  ship.  Sir,  the  world  is  full  of  voluntary  servitude,  forced  upon  the 
subjects  of  it  by  the  inexorable  circumstances  which  surround 
them  and  presenting  to  the  true  philanthropist  as  strong  claims  for 
sympathy  and  legislation  as  the  condition  of  thejnvoluntary  slave 
from  birth.  It  is  the  business  of  a  benevolent  statesman  to  regard 
the  actual  state  of  things,  and,  by  his  legislation,  so  to  regulate  the 
aflairs  of  society  which  tall  within  the  scope  of  his  legitimate  pow- 
ers, as  shall  secure  to  each  class  and  every  individual  of  each 
class  all  the  privileges  and  enjoyments  suited  to  their  condition, 
and  which  may  not  be  dangerous  or  incompatible  with  the  safety, 
welfare,  and  hapjiiness  of  the  great  whole.  This  is  the  rule 
which  no  one  questions  when  applied  to  voluntary  servitude  in  the 
the  army  and  navy  and  domestic  .service  in  families  or  the  avoca- 
tions of  life.  AVe  apply  the  same  rule,  without  objection,  to  in- 
voluntary servitude  as  it  exists  in  penitentiaries  and  asylums,  and 
to  the  relations  between  parent  and  child,  master  and  apprentice. 
Why  shall  it  not  be  applied  to  the  case  of  African  slavery,  as  it 
exists  in  the  United  States  ? 

I  have  indicated  my  line  of  policy.  I  have  shown  wherein  this 
bill  is  mischievous,  and  why  it  will  accomplish  nothing.  It  can 
do  very  little  harm  to  postpone  action  on  the  subject  of  territorial 
governments  for  New  Mexico  and  California  for  three  or  four 
months,  when  we  .shall  meet  again,  after  conferring  with  our  con- 
stituents,"and  when  we  shall  be  better  informed.  I  have  presented 
a  scheme  by  which,  whenever  it  is  the  pleasure  of  the  southern 
States,  they  can  rid  themselves  of  thn  institution  of  slavery  with- 
out feeling  the  change ;  and  whenever  they  indicate  that  purpose, 
aid  from  the  North  in  accomplishing  the  plan  adopted  by  the 
South  will  be  tiiankfully  received.  But  all  obtrusive  interference 
will  be  indignantly  rejected.  Having  thus  fully  explained  the  po- 
sition I  wish  to  occupy,  I  am  prepared  to  vote. 

[The  debate  was  continued  until  late  in  the  evening,  by  Messrs 
BUTLER,  FOOTE.and  WESTCOTT,  whose  speeches  will,  at 
their  request,  be  given  in  the  Appendix.] 

Mr.  JOHNSON,  of  M.iryland,  then  obtained  the  floor,  and  said 
before  he  proceeded  to  otfer  the  remarks  he  intended  to  oiler,  and 
which  would  apply  more  particularly  to  what  fell  from  the  Sena- 
tor irom  Ohio  [Mr.  Corwin]  yesterday,  he  wished  to  present  two 
amendments  to  the  bill,  to  remedy  the  alleged  defect  in  the  24th 
section,  although,  in  his  opinion,  there  was  nothing  to  prevent  the 
Supreme  Court  of  the  United  States  from  taking  cognizance  of  the 
cases  likely  to  grow  up,  even  if  the  matter  in  conlrover.«y  did  not 
amount  to  I52,0i30,  should  such  be  the  pleasure  of  Congress  ;  and, 
as  an  instance,  Congress  gave  the  power  ol  appeal  to  the  Supreme 
Court,  in  cases  of  $200,  brought  in  the  District  of  Columbia. — 
Mr.  J.  read  his  amendments,  which  stated,  that  cases  brought  for 
the  recovery  of  slaves,  shall  be  brought  before  the  Supreme  Court 
free  of  costs  to  the  slave.  He  moved  further  to  amend  the  26th 
section,  so  as  that  the  prohibition,  in  the  cases  of  California  and 
New  Mexico,  against  legislating  on  the  subject  of  slavery  shall 
be  confined  to  .\frican  slavery,  whereby  the  said  territories  will  be 
left  free,  if  so  disposed,  to  act  in  the  suppression  of  peon  slavery, 
en-  slavery  for  debt.  Mr.  J.  said  he  would  proceed  now  (8  o'clock 
P.  M.)  to  address  the  Senate  upon  these  propositions  and  the  ge- 
neral subject,  if  they  were  willing  to  hear  him. 

Mr.  CLAYTON  moved  that  the  Senate  .adjourn;  and  the  yeas 
and  nays  being  ordered,  it  was  determined  in  the  atiirmative,  as 
follows  : 

V1'",AS. — Messrs.  Atc'lusail,  Hanger.  Uiililwin.  Bi-ll,  lieiUoii,  Berrien,  Uradbury, 
ttutler,  Callioun,  Clarice,  (."tayloit,  Corwin,  Davis,  ol'  iVln^sachuseus,  Dix,  Doilge, 
tjrecnc,  Hamlin,  Jolinson,  ol"  iMarylaiid,  Johnson,  ol"  l.ouisiano,  Lewis,  Manguin, 
.Metcalfe,  Niles,  Piieliis,  Sprnanee,  Underwood,  Upliani,  VVallier,  Wcsteolt,  and 
Ynlee.— 30. 

N.^V,S. — Messrs.  Allen.  Horlanrl,  Breese,  Bright,  Davis,  of  Mississipjii,  Dickm- 
son,  Doiiclas,  Kelcli,  Fitzgerald,  Foote,  Hannegan,  Ilonslon,  llanter,  Johnson,  of 
(icorgia,  f'^mg.  iMason,  IMiller,  Rnsk,  Sebastian,  Turney, — -iO. 

Whereupon, 

The  Senate  aSjonrned. 


JVLY   26.] 


THE  COMPROMISE  BILL, 


953 


WEDNESDAY,  :iULY  26,  1848. 


Mr.  HUNTER  presented  tlie  memorial  of  llie  heirs  and  repre- 
jeiitatives  of  P.  M.  Butler,  deceased,  late  Cherokee  agent,  pray- 
ing an  equitable  settlement  of  liis  accounts  with  the  government  ; 
which  was  referred  to  the  Committee  on  Indian  Aflair«. 

PAT    AND    ALLOWANCES    TO    OFTICERi    OF    THE    ARMY. 

Mr.  HALE  submitted  the  following  resolution  for  con»id»ra. 
tion  : 

/tt8olv4<i.  T)jnt  th«  Pecretnry  of  War  be  inMfiirteil  to  t"uriii.Hh  the  .Senate  with  kn 
aeconnt  of  tlift  ^loii  :nnoant  paid  or  alii>UTd  eacli  officer  or  penoii  whose  naiiie.  ap- 
peare  in  tlie  Army  Register  for  the  current  year,  and  aUo  to  inform  the  Senate  why 
Bnt'h  inlbrmation  is  not,  contained  in  the  Army  Register  for  thw  present  year,  nzresably 
to  the  renuiieinentt  of  a  resolution  of  tho  Houso  of  Rttpreseatativea  passetJ  Fsbruarj 
16th,  lirfa. 

Fremont's  explorations   in  California  and  Oregon. 
Mr.  BREESE  submitted  the  following  resolution  for  consider- 
ation :  .> 

JRcsoloed,  That  a  select  commiltee  of  five  be  appointed  to  inqnire  into  the  expeili- 
en;ivof  pioviiiing  for  the  publication,  as  a  national  worit,  and  without  copy-right,  un- 
der the  direction^)f  ('ongress,  of  the  results  of  the  recent  exploring  expedition  of  J.  C 
Fremont  to  Calitbrtiia  and  Oregon  :  and  also  into  the  ex|)edieiicy  of  providinjj  for 
continuing  and  coinpletin™  the  surveys  and  explor«.Iions  of  the  said  J.  C 
Fremont  in  Oregon  and  California,  with  a  view  to  develope  the  geography  of 
those  countries,  and  to  discover  the  jiraclicable  lines  of  communication,  by 
railroad  or  otherwise,  between  the  valley  ot  the  Mississippi  and  the  l*aciti<;  ocean;  tha 
results  of  the  said  fnrtlinr  exp'orations  to  be  published  uuder  the  direction  of  Congreu, 
as  a  national  work,  without  copy-right. 

RESOLUTIONS    OF   THE    LEGISLATURE    OF    WISCONSIN. 

Mr.  WALKER  presented  resolutions  passed  by  the  Legisla- 
ture of  the  State  of  Wisconsin,  instructing  the  Senators,  and  re- 
tjuestiny-  the  representatives  of  that  State  in  Congress,  to  use 
iheir  influence  to  procure  the  insertion  of  a  provision  in  the  organ- 
ic law  of  anv  territory  now  held,  or  which  may  hereafter  be  ac- 
quired by  the  United  States,  prohibiting  tho  introduction  of  slave- 
ry or  involuntary  servitude  in  such  territory  oj:ce[it  as  a  punish- 
ment for  crime. 

The  resolutions  were  read,  and  it  was 

Ordertd,  That  they  he  on  the  tabl«. 

private  bill. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pensions, 
to  whom  was  referred  the  bill  for  tho  relief  of  Skelton  Folton,  re- 
ported it  without  amendment. 

adterse  report. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen.iinns, 
to  whom  was  recommitted  the  bill  for  the  relief  of  Daniel  H.  War- 
ren, reported  it  without  amendment,  and  that  the  bill  ought  not  to 
pass. 

JONES  and  BOKER. 

On  motion  by  Mr.  RUSK,  it  was 

Ordered,  That  the  Committee  on  Post  Office  and  Post  Roads 
be  discharged  from  the  further  coiisideratian  of  the  resolution  sub- 
mitted by  Mr.  Westcott,  the  26th  of  June,  in  relation  to  the  act 
for  tha  relief  of  Jones  and  Boker. 

RIVOLUTIONART  WIDOWS. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pensions, 
to  whom  was  referred  the  bill  for  the  relief  of  certain  surviving 
widows  of  ollicers  and  soldiers  of  the  rovohilionary  army,  reported 
it  without  amendment. 

HOUSE  DILL    REFERRED. 

The  bill  from  the  House  of  Representatives  granting  a  pension 
to  William  Pittman.  was  read  the  first  and  second  times,  by  unan- 
imous consent,  and  referred  to  the  Committee  on  Pensions. 

RECESS. 

Mr.  HANNEGAN' moved  to  proceed  to  the  consideration  of 
the  motion  submitted  by  him  yesterday,  that  tho  Senate  take  a  re- 
cess this  day  from  4  to  5  p.  m. 

Mr.  HANNEGAN  said  he  would  modify  the  motion,  so  as  to 
read  from  "four  to  six." 

Mr.  BERRIEN  thought  the  resolution  very  well  as  it  was  ;  one 
hour  was  sufficient. 

Mr.  HANNEGAN  wished  to  give  time  to  those  who  lived  at  a 
distance  from  the  capitol,  and  he  did  not  think  two  hours  too  long 
a  period,  but  he  would  modify  it  so  as  to  read  from  "  four  to  hall- 
past  five." 

30th  Con8.— 1st  Sbsbiok— No.  120. 


Mr.  BENTON  desired  to  inquire  if  the  rejolation  was  ofll-red 
with  a  view  to  a  night  session  ;  for  if  so,  he  should  oppose  it.  It 
was  bad  enough  to  be  here  all  day  during  the  dog-days,  without 
adding  in  the  ''dog-nights  ;"  besides  being  subjected  to  the  effluvia 
arising  from  unpleasant  gas. 

Mr.  HANNEGAN  said  his  sole  objtjct  was  to  have  some  dis- 
position made  of  this  bill,  in  order  that  the  session  might  be  brought 
to  a  close.  According  to  present  aiipcarunces,  it  seemed  as  if  the 
session  was  about  to  reverse  the  oruer  of  nature,  "that  all  earthly 
things  must  have  an  end."  It  was  not  likely  that  this  bill  woolil 
be  disposed  of  without  a  night  session,  and  we  might  as  well  sit 
to-night  as  to-morrow  night. 

Mr.  UPHAM  said,  if  it  was  intended  to  press  this  important 
measure  through  with  such  preoipitanny,  it  was  the  most  extraor- 
dinary course  he  had  ever  witnessed.  No  Senator  could  be  more  de« 
sirous  than  himself  to  bring  the  .session  to  a  close;  but  he  owed  it 
to  his  constituents  and  to  himself  to  give  his  views  on  the  bill.  He 
had  not  been  very  eager  to  obtain  the  floor,  for  he  always  felt  a  re- 
luctance to  enter  into  a  competition  to  catch  the  attention  of  the 
chair,  and,  therefore,  others  had  obtained  the  opportunity,  when 
he  desired  to  speak.  Ho  thought  it  hard,  however,  that  while 
some  of  the  friends  of  the  measure  had  spoken  twice  and  thrice,  he 
should  be  compelled  to  address  the  Senate  in  the  evenin",  when 
every  man  was  worn  down  and  exhausted.  His  state  of  health 
did  not  permit  him  to  do  this.  He  did  not  often  address  tho  Sen- 
ate, and  when  he  did,  it  was  with  great  brevity.  To  others  he 
had  listened  with  great  pleasure,  and  ho  did  not  think  it  unreason- 
able, if  he  claimed  fur  himself  a  hearing  on  a  subject  r^f  such  great 
importance,  in  which  not  only  his  own  constituents,  but  the  whole 
of  the  non-slaveholding  community,  woro  so  deeply  interested. 

Mr.  CLAYTON  hoped  that  his  friend  from  Vermont  would  havs 
ample  opportunity  to  address  tho  Senate  during  the  day.  He  waa 
perfectly  satisfied  that  there  was  no  disposition  among  the  friends 
of  the  bill  to  prevent  any  Senator  from  being  heard.  But  it  was 
very  desirable  to  have  the  bill  disposed  of  in  one  way  or  another, 
and  without  delay.  Congress  had  been  already  in  session  nearly 
eight  months,  and  every  one  must  sec  the  propriety  of  bringing  it 
to  a  close.  He  expressed  his  willingness  to  vote  for  tho  resolu- 
tion. 

Mr.  MANGUM  asked  if  it  was  reasonable  that  a  question  of 
such  immenso  magnitude,  and  which  was  presented  to  Congress 
in  an  entirely  new  aspect,  should  be  thus  precipitated  to  a  deci- 
sion. There  was  great  interest  and  excitement  throughout  the 
whole  country,  in  relation  to  this  subject;  and  he  should  exceedingly 
regret  to  see  it  pressed  through  when  the  Senate  was  in  a  complete 
state  of  exhaustion.  Many  members  were  in  an  cnfeeliled  state  of 
health,  and  could  not  endure  a  late  sitting;  and  to  urge  the  raea> 
sure,  under  such  circumstances,  seemed  to  be  a  denial  of  their 
rights.  It  was  very  well  to  say  it  was  desirable  to  terminate  the 
session,  and  all  that — and  all  that !  But  he  would  say  to  Sena- 
tors, there  was  a  prodigious  excitement  throughout  tho  counlrv, 
and  they  would  be  held  responsible  for  the  consequences  of  haste 
or  error.  Still,  he  was  ready  to  acquiesce  in  the  decision  of  tha 
Senate;  but  he  would  again  suggest  that  it  would  be  unwise  to 
precipitate  the  measure,  without  allowing  proper  time  for  deliber- 
ation and  discussion. 

Mr.  HANNEGAN  contended  that  this  was  no  new  principle 
which  was  under  consideration.  It  was  the  same  that  had  been 
before  the  country  for  three  yeais.  The  subject  had  been  ex- 
hausted, and  ho  was  exhausted,  and  ho  thought  the  Senate  must 
be  wearied. 

Mr.  NILES  said,  he  supposed  this  resolution  constitntod  a  part 
of  the  much  talked  of  compromise,  in  which  the  bill  was  said  to 
have  been  framed.  It  wu.s  all  of  apiece — a  compromise  entirely 
for  the  benefit  of  one  party,  whilst  the  other  was  to  take  nothing. 
One  party  here,  relying  on  its  numerical  strength,  had  magnani- 
mously come  to  a  conclusion  that  no  one  should  be  permitted  to 
debate  the  question,  except  those  who  were  friendly  to  tho  bill  ; — 
and  in  this  spirit,  even  on  the  day  when  the  bill  was  introduced,  it 
was  attempted  to  press  it  through.  Now,  ho  believed  it  was  the 
usual  practice,  whenever  a  majority  had  determined  to  ptish  a 
bill  through,  and  ''  to  sit  it  out,"  that  they  carefully  refrained  from 
taking  any  part  in  the  debate  themselves. 

Mr.  HANNEGAN. — Will  the  Senator  allow  mo  t  I  withdraw 
the  resolution.  I  withdraw  it,  sir.  Any  thing  to  stop  debate,  and 
prevent  further  delay. 

Leave  being  granted,  tho  motion  was  withdrawn. 

MESSAGE  FROM    THE    HOVSE. 

The  following  message  was  rsceived  from  the  Honss  of  Rsprs- 
sentatives.  bf  Mr.  Campbell,  their  Clerk: 


954 


THE  COMPROMISE  BILL. 


[Wednesday, 


Mr.  President :  Tlie  House  of  Representativea  concur  in  some  and  disagree  to  other 
amendments  of  the  Senate,  to  the  bill  making  appropriations  for  the  uaval  service  for 
the  year  ending  the  30th  Jcine.  1849,  and  agree  to  the  fifth  amendment  of  the  Senate 
to  the  said  bill,  with  an  amendment ;  in  which  they  request  the  concurrence  of  the 
Senate. 

NAVAL    APPROPRIATION    BILL. 

The  Senate  proceeded  to  consider  their  amendments  to  the  bill 
last  mentioned,  amended  and  disagreed  to  by  the  House  of  Rep- 
resentatives ;  and  it  was 

Ordered,  That  they  be  referred  to  th«  Committee  on  Finance. 

ALABAMA   KAILBOAP. 

Mr.  KING,  agreeably  to  notice,  asked  and  obtained  leave  bring 
in  a  bill  granting  to  the  Slate  of  Alabama  the  riglit  of  w»y  and  a 
donation  of  imblio  land  for  making  a  railroad  from  Mobile  to  the 
mouth  of  the  Ohio  river  ;  which  was  read  the  first  and  second  times 
by  unanimous  consent,  and  referred  to  the  Committee  on  Public 
Lands. 

MESSAGE    FROM    THE    PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary  : 

Mr.  President ;  The  President  of  the  United  States  ajipioved  and  signed,  the  25th 
instant,  the  following  joint  resolution  and  acts  : 

Resolution  to  sanction  the  agreement  made  between  the  Wyandotls  and  Delawares 
for  the  purchase  of  certain  lands  by  the  former  of  the  latter  tr.be  of  ludians. 

An  act  to  authorize  the  sale  of  a  part  of  public  reservation  numbered  thirteen,  iu 
the  city  of  Washmgton,  and  for  other  porposea. 

An  act  to  make  Bangor  a  port  of  entry  for  ships  oi  rossels  coming  from  and  beyond 
the  Cape  of  Good  Hope. 

An  act  to  confirm  the  location  and  to  grant  a  quarter  section  of  public  land  for  the 
county  seat  of  Hillsborough  county.  State  of  Florida. 

An  act  tr^  authorize  the  Secretary  of  the  Treasury  to  make  a  compromise  and  set- 
tlement with  the  securities  of  Francii  D.  Newcomb,  late  Surveyor  General  of  the 
Plate  of  Louisiana. 

An  act  forthe  relief  of  the  society  for  the  reformation  of  juvenile  delinquents  in  the 
city  of  New  York. 

An  act  to  revive  an  act  authorizing  certain  soldiers  in  the  late  war  (with  Great 
Britain}  to  surrender  the  bounty  lands  drawn  by  them,  and  to  locate  others  in  lieu 
thereof. 

An  act  for  the  relief  of  the  central  railroad  and  bankin;  company  of  Georgia. 

An  act  forthe  relief  of  Alfred  White. 

-    An  act  for  the  leUef  of  the  heirs  of  Moses  White. 

THE    COMPROMISE    BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  the  bill  to  establish  the  ten  itorial  governments  of  Or- 
egon, California,  and  New  Mexico. 

U  The  question  pending  was  upon  the  motion  by  Mr.  HALE  to 
amend  the  bill  by  striking  of  section  5,  in  lines  1  and  2,  the  words 
".free  white,"  and  inserting  after  the  word  "act,"  in  the  4th  line, 
the  words  :  "  and  qualified  to  vote  by  the  existing  laws  now  in 
force  in  the  territory  of  Oregon,  under  the  authority  of  the  provi- 
sional government  established  by  the  people  thereof." 

Mr.  WALKER  gave  notice  of  an  amendment  which  he  propo- 
sed to  offer  to  the  sixth  section,  which  was,  to  strike  out  the  words 
"  nor  shall  the  lands  or  other  property  of  non-residents  be  taxed 
higher  than  the  lands  or  other  property  of  residents  " 

[Mr.  JOHNSON,  of  Maryland,  addressed  the  Senate  at  length 
in  explanation  of  the  amendments  offered  by  hira,  and  in  an  expo- 
sition of  his  views  upon  the  important  subjects  presented  by  the 
bill.     A  report  of  his  speech  will  be  given  in  the  Appendix.] 

Mr.  BADGER. — I  am  very  sorry  that  my  honorable  friend 
who  reported  this  bill,  [Mr.  Clayton,]  felt  hitnself  compelled, 
by  considerations  of  duty,  under  the  influence  of  which  I  know 
he  always  acts,  here  and  elsewhere,  to  press  the  measure  through 
the  Senate,  and  to  prevent,  so  far  as  depended  on  his  action  and 
influence,  a  full,  ample,  and  thorough  ihvestination  of  the  subject 
in  all  its  bearings.  What  is  the  character  of  the  measure  ?  It  is 
a  proposal  to  setile  a  most  difficult  and  anxiously  considered  sub- 
ject, upon  a  plan  entirely  novel — one  heretofore  proposed  by  no 
one.  and,  so  far  as  is  known,  thought  of  by  no  one.  It  is  a  mea- 
sure of  immense  importance,  relating,  as  it  does,  to  a  subject  in 
ilself  of  vast  concern  and  complicated  by  many  incidental  difficul- 
ties.  Now,  it  does  seem  to  me,  that  when  the  gentlemen  compos- 
ing the  comrnitleo,  after  the  various  diversities  of  opinion  among 
themselves,  which  were  stated  by  my  friend  from  Delaware,  [Mr. 
Clayton,]  at  last  hit  upon  tind  concluded  to  present,  as  a  com- 
promise, a  measure  before  unknown  and  uiiconjectured,  it  was  due 
to  the  iin)iortance  of  the  occasion— -the  high,  solemn,  and  lasting 
interest  at  stake — and,  in  an  eminent  degree,  due  to  this  body  it- 
self, that,  instead  of  being  introduced  to  us  with  a  significant  noti- 
ficalion  that  it  was  to  be  pressed  through  in  hot  haste — 

Mr.  CLAYTON,  (in  his  seat.)— Nothing  of  the  kind. 

Mr.  BADGER. — I  will  show  there  was,  though  perhaps  it  was 
not  intended.  I  was  about  to  say,  when  inlcrrupted  by  the  Sena- 
tor that  in  these  circumstances,  instead  of  such  an  announcement 
being  made  to  the  Senate,  we  should  have  been  informed  that  the 
committee,  unable  to  agree  upon  any  thing  else,  and  acting  from 
iho  best  motives,  had  thought  proper  to  present  a  new  and  un- 
heard of  plan  of  pacification  on   this   momentous  question;  that 


they  desired  no  haste;  that,  on  the  contrary,  they  invoked  from 
every  member  of  the  Senate  the  fullest  scrutiny;  that  they  not 
only  wished  and  hoped,  but  demanded  as  due  to  themselves,  the 
Senate,  and  the  country,  the  application,  on  the  part  of  every 
member  of  the  body,  of  his  best  understanding  to  this  subject,  and 
a  full,  deep,  thorough  and  searching  investigation  of  the  plan  pre- 
sented, in  all  parts  and  bearings;  that  full  time  should  be  afforded  to 
enable  Senators  boih  to  reflect  and  to  debate;  and  that,  so  lar  from 
the  usual  order  of  the  Senate  being  reversed,  and  this  question 
pressed  upon  a  weary  and  exhausted  Senate — motions  to  adjonrn, 
after  a  continued  sitting  of  seven  and  eight  hours,  resisted,  and 
the  yeas  and  nays  demanded — no  opportunity  for  deliberation  and 
discussion  would  be  withheld. 

My  honorable  friend  from  Delaware,  [Mr.  Clayton,]  says 
that  no  intention  was  announced  to  press  this  measure  through  in 
haste.  If  by  that  he  means  that  no  such  terms  were  used,  he  is 
undoubtedly  correct.  But,  in  point  of  fact,  how  stands  the  mat- 
ter ?  My  friend  announceti  that  he  would  press  this  bill  upon  the 
consideration  of  the  Senate.  It  was  first  called  up,  if  I  recollect 
aright,  on  Saturday  afternoon;  and,  after  a  long  and  laborious 
lession,  my  honorable  friend  resisted  a  motion  for  adjournment, 
and  on  the  yeas  and  nays,  voted  against  it.  The  Monday  alter 
was  spent  in  the  consideration  of  the  bill,  and  precisely  the  same 
result  took  place.  My  honorable  friend  in  charge  of  the  bill,  to 
whom  its  friends  naturally  looked  for  the  course  they  ought  to 
pursue  upon  motions  for  adjourninent,  still  declined  to  adjourn. 
Yes.  after  a  session  of  full  seven  hours,  nearly  eight,  I  may  add, 
when  my  honorable  friend  from  Kentucky,  [Mr.  Underwood,] 
rose  to  address  the  Senate,  him.self  a  member  of  the  committee; 
when  many  Senators  were  exhausted,  and  some  prostrated;  and 
when  even  I,  with  a  cohstitution  of  iron,  and  youth  besides  on  my 
side,  felt  some  respite  to  he  necessary,  a  motion  to  adjourn  was 
carried,  upon  the  yeas  and  nays,  against  the  vote  of  ray  friend 
Irom  Delaware.  The  proceeding  was,  in  my  opinion,  unlortu. 
nate — very  unfortunate — though  I  attribute  nothing  of  impropriety 
of  intention  to  the  gentleman,  or  those  who  acted  with  him. 

Mr.  CLAYTON. — It  is  very  extraordinary  that  the  gentleman 
does  not  recollect  that  when  the  Senator  from  Maryland,  [Mr. 
Johnson,]  who  was  exhausted  and  unwell,  desired  the  Senate  to 
adjourn,  I,  in  opposition  to  the  wishes  of  the  friends  of  the  bill, 
expressed  a  eesire  that  the  motion  might  succeed,  and  gave  it 
my   support.     That  the  gentleman  calls  "  hot  haste." 

Mr.  BADGER. — Unfortunately  the  honorable  gentleman  con- 
founds two  different  cases.  I  know  that  the  gentleman  absented  to 
the  motion  to  adjourn  last  evening,  lor  the  accoiiimodaiion  of  my 
friend  Maryland;  but  how  was  it  when  my  friend  from  Kentucky, 
[Mr.  Underwood,]  who  wassupposed  to  be  opposed  to  the  hill,  de- 
sired an  adjournment  for  his  accommodation  ?  It  was  to  this  case 
that  I  referred.  Allow  me,  sir,  lo  add  whnt  I  was  about  to  say 
when  interrupted  hy  the  honorable  gentleman,  that  I  legard  his 
course  as  peculiarly  unfortur.a'e  with  regard  to  such  a  bill  as  this. 
The  great  end  and  object  of  the  bill,  as  avowed  by  the  gentleman 
and  the  committee,  is  to  pacify  the  public  mind,  to  settle  this  agi- 
tating subject,  and  to  restore  hariuony  to  the  country.  How? 
Only  by  its  moral  power.  You  cannot  change  the  opinion,  or  set- 
tle the  discontents  of  free  America,  by  the  mere  force  of  law. 
On  occasions  of  this  kind,  it  is  all  important  that  the  moral  influ- 
ence which  accompanies  a  measure,  should  be  as  extensive  as  pos- 
sible in  its  operation;  and  therefore,  I  think,  there  should  have 
been  shown  no  disposition  to  cut  off  any  gentleman  from  a  discus- 
sion of  the  question,  by  pressing  a  vote  here  until  the  physical  en- 
ergies of  the  Senate  should  be  broken  down,  and  the  members  be 
compelled  by  exhaustion  to  submit.  This  is  the  long  session,  and 
the  Senate  have  refused  to  fix  any  day  for  its  termination;  and, 
therefore,  there  is  no  excuse,  in  my  judgment,  for  the  course 
which  has  been  pursued.  The  session,  it  is  true,  has  been  a  very 
long  one;  and  the  weather  is  very  hot  and  exhausting.  I  am  as 
anxious  as  any  gentleman  to  return  to  my  home  and  my  children, 
but  I  see  no  reason  w  by  this  great  and  important  measure  should 
be  hurried  through  the  Senate.  If,  indeed,  the  Senate  had  passed 
the  resolution  from  the  House,  and  the  House  had  adopted  its 
amendment  fixing  the  final  day  of  adjournment  for  the  31st.  we 
should  have  stootl  in  a  very  different  condition.  In  that  case,  I 
should  myself  have  given  a  silent  vote,  or  should,  at  most,  have 
made  a  very  brief  statement  of  the  grounds  upon  which  I  have 
formed  an  opinion  adverse  to  the  passage  of  the  bill.  But,  under 
present  circumstances,  with  an  unlimited  session  before  us,  I  feel 
justified  in  presenting  my  views  fully  and  at  large.  I  shall  under- 
take to  show  that  this  compromise  measure,  which  my  honorable 
friend  has  reported  and  recommends,  involves  a  total  and  absolute 
surrender,  on  the  part  of  the  South,  of  whatever  rights,  leelings, 
or  interest  we  may  have  in  the  subject,  without  any  advantage 
being  gained  thereby  lo  us,  or  to  the  country. 

Mr.  President,  on  the  first  dav  of  June,  in  this  present  year  of 
salvation,  one  thousand  eight  hundred  and  forty-eight,  a  speech 
was  delivered  by  an  honorable  member  of  the  other  House,  repre- 
senting a  district  in  my  own  State,  which  1  find  in  a  pamplilet 
published  in  this  city,  at  d  entitled,  "  Speech  of  Hon.  A.  W.  V^en- 
able,  of  North  Carolina,  in  ttje  House  of  llepreseutatives,  June  1, 
1848,"  and  headed,  "  Slavery  in  the  Territories."  In  this  speech 
are  some  remarks  in  reference  to  myself,  and  I  read  them  because, 
as  the  Senate  will  see,  they  have  an  immediate  connexion  with  the 
subject  under  consideration.  The  passage  will  be  found,  [on  im- 
portant subjects  I  like  to  be  precise,]  on  the  7th  page,  near  the 
foot  of  the  left  hand  column,  and  is  in  these  words  : 


July  26.] 


THE  COMPROMISE  BILL. 


955 


■'  A  distingoisheii  Senator  of  mv  own  Stale,  fMr.  BiDOER.J  a  genlletnnn  of  high 
attainmcnfi  and  extended  reputation,  in  a  recent  speech  on  the  Oreson  bill,  admitted 
Ihorieht  of  Conores!  to  legislate  for  the  exclusion  of  slavery  in  the  leriltones.  but 
placed  the  Sontli  upon  the  principle  ot  expediency  and  the  sense  of  justice  ol  the 
federallegislature." 

Now   to  those  who  are  curious  in  such  matters,  it  ma\'  be  some- 
what interesting  to  learn,  that  in  this  speecli,  distributed  in  North 
Carolina  about  the  middle  of  this  month,'  and  delivered,  as  stated 
on  its  face,  on  the  first  day  of  June,  reference  is  made  in  the  pas- 
sage which  I  have  read  to  some   remarks   submitted  by  me  m  the 
Senate  upon  the  second  day  of  the  same  month  of  June.     My  first 
impression  was,  that  the  gentleman  was  incorrect  in  his  ehronol- 
ooy  ;  but   before  committing  myself  on   this    point,  I   ihonglit  I 
would  follow  the  example   commended  to  us  by  the  Senator  from 
Missis«^ippi,  [Mr.  FooTE.]  several  times  this  ses.sion,  and  have  a 
peep  at  the  dictionary  to  ascertain  what  this  world  "chronology" 
means.     I  found  that  I  was  mistaken   in    my  first  notion  ;  lor  the 
definition  of  "  chronolo^.y"  is  satisfied  by  arranging  events  accoid- 
ina  to  the  proper  year  ;  and,  therefore,  the  gentleman  was  guilty 
of'no  violation  of  chronology  when  he  represented  himsell  as  reler- 
rintr  on  the  first  of  June  to  what  was  said  on  the  second,  both  days 
henxr  ill  the  same  year.     Some  persons,  on  reading  this  reference 
in  tfe  speech  to  my  remarks,  and  finding,   from  the   proceedings 
and  debates  of  the  Senate,  that  I  had  not  said  one  word  on  the  sub- 
iect  until  after  the  speech  was  made,  might  suppose  that  a  slight 
inaccuracy  had  crept  in,  and  that  those  remarks  were  not  made  at 
all  in  the  House  of  Representatives  on  the  first  of  June,  which  re- 
fer  as  a  past  event,  to  a  speech  of  mine,  made  on  the  second  of 
June   hut  were  inserted  for  the  first  time  in  the  printed  speech  in 
the  month  of  July  ;  but   I  draw  no  such   inference.     The  whole 
matter  may  be  satisfactorily  explained  without  any  such  unchari- 
table supposition.     In  ancient  times,  when  the  prophetic  spirit  de- 
scended upon  a  man,  the  seer,  '^  rapt  into  future  times,    olten  saw 
events  with  such  force   and  distinctness,  that  m  prophetic  strain, 
he  spoke  of  them  as  cast  already. 

Aoain  :  This  is  the  age  of  progress.  In  the  olden  lime,  it  was 
said7hat  "  coming  events  cast  their  shadows  before  ;'  and  now,  m 
the  miThty  improvements  of  the  day,  amidst  the  wonders  ol  steam 
and  electricity  it  may  well  be  that  "coming  words  cast  their 
sounds  before  !"  And  thus  it  happened  that  my  colleacne  of  the 
House,  in  the  dark  hour  of  midniglit,  had  his  spirit  troubled  with 
a  virion  so  clear  of  the  atrocity  which  I  should  commit  on  the  se- 
cond of  June,  that  it  became  impressed  upon  his  mind  as  a  past 
event,  and,  as  such,  he  alluded  to  it  on  the  first.  And  then, 
his  patriotic  horror,  in  this  clear  foresight  or  lorehearing  ot  myol- 
fence,  impelled  him  to  make  a  pious  appeal  to  heaven  in  these 
worus,  immediately  following  those  which  I  have  quoted  : 

•■Gracious  heaven!  are  we  reduced  to  thi.  ■?  Is  our  only.  o°' .'"■■  ''°'',^,'  l^" 
verdict  of  a  jurv  whose  interest,  whose  feelings,  and  wliose  organizatiou  fix  that  %er 
diet  against  us  V* 

And  a  little  after,  still  referring  to  me,  he  exclaims— 

■■And  do  southern  statesmen  sound  the  first  note  of  retreat  ?  Does  the  flag  fall  first 
ID  their  liaiuls?" 

Now,  as  I  intend  to  advance  again  that  atrocious  sentiment 
which,  delivered  by  me  on  the  second  day  of  June,  awakened  the 
prophetic  horrc-  of  my  colleague  of  the  House  on  the  first,  and  as 
his  speech,  no  doubt  with  the  kindest  feelings  towards  me,  was 
printed  and  circulated  extensively  in  the  State  of  North  Carolina, 
ihe  Senate  will  see  why  I  have  made  this  reference,  and  that  it  is  de- 
manded of  me,  as  a  matter  of  respect  and  grateful  consideration 
to  him  that  I  should  state  the  grounds  on  which  my  opitiion  rests  ; 
an  opinion,  by  the  expression  of  which  I  have,  according  to  his 
phrase,  "  sounded  the  first  note  of  retreat"  from  a  position  which 
I  have   never    assumed,  and   thrown  down  a   flag  which  I  never 

'^iToVder  to  a  full  understanding  of  my  views,  it  is  necessary  that 
I  should  go  baek  a  little  in  the  argument,  and  show  that  this  gov- 
ernment has  a  right  to  acquire  territory,  and  whence  that  right  is 
derived.  Upon  this  point  different  opinions  have  been  expressed. 
My  friend  from  Massachusetts,  [Mr.  Davis,]  in  a  very  able  speech 
on  this  subject,  treated  ihis  as  a  casus  omissus  m  the  eotislilution, 
held  Ihe  power  to  acquire  an  assumed  one,  and  the  right  to  gov- 
ern as  a  consequence,  merely,  of  the  aoquisuion.  In  my  opi- 
nion, the  power  to  acquire  territory  is  expressly  conlerred 
upon  the  government  of  the  United  States  by  the  constitu- 
tion. The  Prresident,  by  and  with  the  advice  and  consent  ol 
the  Senate,  has  power  to  make  treaties.  Consress  has  power  to 
declare  war.  The  constitution  specifies  no  particular  kind  ol  tiea- 
ties,  as  included  in  or  excluded  from  the  grant.  Nor  does  it  spe- 
cify the  purpose  for  which  war  is  to  be  waged,  or  the  manner  m 
which  it  is  to  be  concluded,  but  leaves  these  as  necessary  incidents 
to  the  treatvmaking  and  war  making  powers  respectively.  xVgam, 
the  consiituiion  has  not  onlv  omitted  any  express  restriction  upou 
the  treaty-making  power,  but  declares  that  "  all  treaties  made  or 
winch  shall  be  made,  under  the  authority  ot  the  United  States, 
shall  be  the  supreme  law  of  the  land."  Whatever  limitations 
therefore,  may  from  the  necessity  of  the  ease  be  inferred— as,  lor 
instance,  that  a  treaty  cannot  be' made  to  destroy  the  government 
or  the  constitution,  or  any  integral  part  ol  them,  or  to  introduce 
any  new  element  of  political  power— it  is  certain  that  the  treaty- 
making  power  is  subject  to  no  express  limitation  whatever.  When 
the  constitution  was  formed,  various  kinds  of  treaties  were  kno»  u 

~^fter  this  speech  wa.  made  T  w.-u  informed  by  Mr,  Ve«bie  't'tl  «-^;""; 
taken  ,n  supposing  h.s  s,«ech  to  have  been  f'"'  ■•'''^"'^'t:^)"^'"'^-:,''",?'  '1,,^^  to 
fact,  circulated  in  June.    And  I  add  this  coirecuon  in  juHice  a.  « ell  to  him  «s  to 

myself." 


among  nations  ;  and  all  these  were  undoubtedly  included  in  the 
granted  power.  Among  these  were  treaties  of  cession,  by  which 
the  United  States  might  acquire  as  well  as  cede  territory,  fha 
power  is  a  large  one,  and  the  limitations  upon  it,  whatever  they 
may  be,  have  not  vet  been  defined  or  applied.  The  extent  ■f  this 
power  may  be  judged  from  a  few  instances  furnished  by  the  histo- 
ry and  practice  of  the  nation. 

First.  By  treaty  the  President  and  Senate  can  exercise  a  power 
expressly  conferred  upon  Congress.     For  example,  they  can  regu- 
late commerce,  and  confer  citizenship.     Again,  by  treaty  the  Uni- 
tfd  States  can   exercise  a  power  not  conferred  upon  the  general 
government   at  all,  hut   undoubtedly  reserved  to  the   States.     Ol 
this  examples  are  found  in  the  treaties  with  France  and  the  Ne- 
therlands, by  which  the  subjects  of  those  powers  were  enabled  to 
succeed   to  the  inheritance  of  lands  in  the  United  States  without 
becomino-  naturalized,  and  thereby  the  laws  of  the  States  exclud- 
ing   aliens  from   the    succession  were  repealed   and    abrogated. 
A"ain,by   treaty  the   United  States  can   set  op  a  demand  for  a 
debt  which  has  been  by  due  course  of  law  paid  and  satisfied.   Ibii 
was  done   with  regard  to  the   British  debts  which  had  been  nght- 
fullv  confiscated  by  State  authority  during  the  revolutionary  war, 
and  the  amount   paid  into  the  treasuries  of  the  respective  btates. 
And,   a^ain,  by  treaty  the  United  Stales  may  aeqmrt:   authority 
to  erect  judicial  tribunals  and  confer  judicial  power  within  the  ter- 
ritory of  a  foreign  and   independent    nation.     Of  this  we  have  an 
example  in  the  bill  now  on  our  t.ahle— to  erect  such  tribtmnls  and 
confer  such   power— to  be   exercised  in  the  empire  of  China.     It 
seems,  therofore,  to  follow  necessarily,  as  well  from  Ihe   express 
grant  of  power  us  from  the   practice  of  the   government,  that  the 
President  and   Senate,  by  treaty,  may  acquire  territory  lor  the 
United  States.     When  that  acquisition  is  made,  by  the  exercisool 
the   power  thus  granted,  the  constitution  confers  expressly  upon 
Con>rress  the   power  to  legislate  for  the  government  of  the  terri- 
tory"so  acquired.     For  it  confers  on  Congress  the  power   ;tomake 
all   laws  necessary  and   proper  for  carrying  into  execution     the 
"powers  vested  by  this  constitution  in  the  government  of  the  Uni- 
ted  States,  or  in  any  department  or  officer  thereof."    To  my  un- 
derstanding it  is  therefore  plain  that,  by  the  treaty-making  power, 
we  have  express   authority  to  acquire  territory  ;  and,  by  the  pro- 
vision I  have  cited,  Congress  has  express  authority  to  legislate  for 
it  when   acquired.     Now,  sir,  upon   this  power   what  are  the  re- 
strictions, and   where  are  they  to  be  found  ?     There  are  plainly 
none  in  the  constitution  itself.     It  is  one  thing  for  u-=  to  think  that 
certain  restraints  upon  the  exercise  of  this  power  would  be  conve- 
nient, would  at  this  particular  time  be  reasonable,  would  subserre 
the  iilterests  of  that  section  of  the  country  in  which  we  hapficn  to 
live    or   if  you  please,  the  general  interests  of  the  whole  ;  and  it 
IS  another  and  a  very  different  thing  to  show   an  actual  restriction 
upon  the   power  itself.     The  former  relates  to  a  jiist  and  proper 
mode  of  exercising  authority,   and  addresses  itself  to  those  in 
whom  the  power  is  vested.    The  other  implies  an  actual  exclusion 
of  the  po«4r,  which  leaves  nothing  for  the  exercise  of  discretion 
at  all      The  honorable   Senator  from  Virginia,  [Mr.   Hu.nter,J 
remarked   that,  although   it  seemed  to  him  an  absurdity  to  deny 
Con<-re8s  the  power  to  govern  ihc  territory,  yet  that  power  must 
be  e^xercisedin  subordination  to  some   general  rule   given  m   the 
constiluiion.     He  undertook  to  specify  one  case   and  certainly  it 
was  a  very  unhappy  illustration  of  the  rule  he  had  laid  down.     He 
remarked  that  Congress  was  bound  to  establish  over  a  territory  a 
republican  form  of  government.     Why,  sir,  what  has  been  hereto. 
fore  the  action  of  Congress  ?     What  do  we  propose  to  do  by  this 
verv  bill'     Establish  a  republican  form  of  government  ?     Why, 
the  President  and  Senate  are   to  send  four   men  to  New   Mexico, 
and  five  to  California,  who,  without  the   previous  request  or   sub- 
sequent sanction  of  the  people  there,  are  to  exercise  legislative, 
executive,  and  judicial  powers  over  them.     Is  this  republican  ?  is 
this  what  the  constitution  calls  a  republican  government?     A  go- 
vernment, in  which  the  people  governed  do  not  elect  their  gover- 
nors  and  do  not  exercise  the  smallest  restraint,  control,  or  mflu- 
enco'over  them.     Sir,  it  is  preposterous  to  call  such  an  inslitntion 
republican.     How,  then,  do  gentlemen  make  out  that  from  this 
ceiieral   power  of  government,  conferred  without  qualification   is 
excepted  the  power  of  excluding  the  institution  cf  slavery  1     Sla- 
ve, v   as  it  exists  under  the  constitution  of  the  United  States,  is  a 
State  institution.     It  exists   in  the  States  which  allow  it,  as  « 
State  institution,  under  their  laws.     It  doe,  not  exist  as  an  insti- 
tution of  the  United  States.     It  is  not  an  institution  that  owes  it. 
ori.t in  to  any  law  of  the  United  States,  by  which  slavery  is  intro- 
du?cd  or  established.     Nor  is  it  recognized  by  the  constitution  of 
the  United  States,  otherwise  than  as  a  State  institution.     The  on- 
1    rderence  to  it  in  that  instrument  is  the  simple   provision  by 
which  persons  bound  to  service  or  labor  in  one  State     "under  the 
laws  liierenf,"  and  escapin-  inio  another,  shall  be  delivered  up  on 
complaint  of  the  parly  to  whoiu  such  service  or  labor  may  be  due. 
Where    then,  do  gentlemen  find  ground  for  the  conclusion   that, 
although  Congress  has  power  to  govern  these  territories  in  every 
oter  particular,  it  has  no  power  to  govern  them  in  regard  to  this 
part  cSlar  institmion  ?     If  'the  conclusion  were  right   would  it  not 
follow,  that  to  introduce  slavery  is  as  much  beyond  the  power  of 
Congress  as  to  exclude  it  ?  ,  i        .   i         j 

m".  President,  the  opinions  I  have  expressed  do  iiot  depend  OD 
any  reasoning  of  my  own,  but,  without  referring  to  the  precedents 
which  have  been  furnished  by  the  past  history  of  the  governnjent, 
are  fully  sustained  by  the  solemn  and  considerate  judgment  of  the 
Supreme  Court  of  the  United  States,  in  the  cise  so  olten  referred 
to,  (American  Insurance  Company  vs.  Canter,  1  Pet.,)  both  as  to 


956 


THE  COMPROMISE  BILL, 


[Wednesday, 


the  souioe  from  which  the  rinlit  of  acquisition  is  derived,  and  the 
nature  and  extent  of  the  power  over  what  is  acquired.  In  deliv- 
erinc  tlie  opinion  of  the  court  in  that  case,  Chief  Justice  Marshall 
says  : 

•■Tin  coiiJtitntioil  ronfprj  ahsolvldy  on  tlie  eovernment  of  ths  Union  llie  powfrt 
of  maUin"  war  and  of  making  treatiej  ;  conseijuei.lly,  lliat  govornment  postetsei  Iho 
nowi-r  i>r''acniiirin»  lerrilorv  either  by  ronqOPit  or  by  treaty.  If  it  be  eeiled  by  lh« 
treaty  the  ceilc.l  leiritory  becomes  a  part  of  the  nation  to  whioli  it  is  nniie.Ted,  either 
on  the  teiros  stiiuilaled  in  the  treaty  of  cession,  or  on  snch  as  its  new  mailer  shall  im- 
rw"a.  Perhapi  tlie  power  of  governing  a  territory  belonging  to  the  United  States, 
which  has  not.  by  beuoming  a  state.  «ec|nired  the  means  of  self-goveminenl.  may  re 
-nit  necessarily  from  Iho  facU  that  it  is  not  within  tlie  jnrisdiction  of  any  parlicolar 
State  and  is  within  the  power  and  jnrisdiollon  of  the  United  Slates.  Theriglitto 
govern  may  be  the  inevitable  consequence  of  tlie  right  to  acquire  territory.  VVhiche- 
'er  mav  be  the  source  whence  the  power  is  derived,  the  yosscssim  of  i(  is  unques- 
tioned.*' 

Mr.  Justice  Johnson,  in  his  opinion,  delivered  in  the  lame  case, 
■when  in  the  circuit  court,  thus  expresses  himself: 

•■7116  71"^  therefore,  of  acquiring  territory,  is  altogether  incidental  to  the  treaty 
makin-  power,  and,  perhaps,  to  the  jiower  of  admitting  new  States  into  the  Union  : 
and  tlK  government  of  such  acquisitions  is  of  course  left  to  the  legislative  power  of  the 
Union  as  far  as  that  power  ii  uncontrolled  by  treat  >■.  By  the  latter  we  acquire  either 
posilivelv  or  suh  nmh.  and  bv  the  former  dispose  ot  acquisitions  so  made  ;  ami  in  case 
of  such  acquisitions.  I  tec  nothing  in  which  the  power  acquired  over  the  ceded  terri- 
tories can  vary  from  the  power  acquired  under  the  law  of  nations  by  any  other  jov«rn- 
n.ent  over  acquired  or  coded  territory.' ' 

Now,  sir,  here  is,  if  I  can  understand  it,  a  clear  and  decided 
opinion  of  the  ctmrt,  delivered  by  the  eiuinent  man  who  at  tliat 
time  presided  over  its  deliberations,  and  who  was  himself  tlie  em- 
bodiment of  all  judicial  excellence— that,  under  the  treaty  and  war 
powers,  the  United  States  have,  under  the  constitution,  the  right 
to  acquire  territory  ;  that  they  acquire  it  upon  the  same  terms  as 
any  other  nation  ;  and  that  it  is  subject,  m  their  hands,  to  such 
terms  and  conditions  as  they  may  deem  proper  to  impose,  subject 
only  to  such  restrictions,  if  any,  as  may  be  contained  in  the  treaty 
of  cession.  Now,  how  do  we  expect,  after  this  decision,  to  pro- 
cure from  the  Supreme  Court  of  the  United  States  an  adjudication 
that,  independently  altogether  of  legislaticjn  by  Congress,  the  in- 
stant any  territory  becomes  ours,  the  institution  of  slavery  exists 
there  by  the  mere  force  of  the  constitution  of  the  United  States  ? 
Gentlemen  say  that  every  American  citizen  has  a  riglit  to  go  into 
the  newly  acquired  territory.  It  is  needless  to  examine  that,  for 
jio  one  proposes  to  exclude  them.  But  it  is  another  and  different 
question,  wlielher  he  has  a  right  to  carry  a  slave  there,  and.  he- 
cause  the  slave  was  recognized  as  property  in  the  State  from 
which  he  came,  to  insist  that,  therefore,  such  slave  shall  be  recog. 
nized  as  property  in  the  territory  to  which  he  goes.  The  affirm- 
ative of  the  question  cannot,  in  my  opinion,  be  maintained.  Sup- 
pose, which  is  not  at  all  unlilcely,  that  within  a  lew  years  wo 
sliould  follow  the  example  of  (Ireat  Britain,  and  procure  the  ces- 
sion of  some  station  or  post  within  the  dominions  of  the  Emperor 
of  China,  in  order  more  effectually  to  promote  our  commerce  and 
protect  our  citizens  in  that  country,  could  it  be  maintained  that, 
instantly  upon  the  cession,  from  the  nature  of  our  constitution  it- 
self, nesro  slavery  would  spring  up  and  become  a  recognized  in- 
stitution there?  This  would  seem  to  be  absurd.  Yet  it  stands 
upon  the  same  arguments,  applying  with  equal  force,  upon  which 
rests  the  alleged  constitutional  propagation  of  slavery  into  these 
Mexican  territories.  Sir,  the  inquiry  must  present  itself,  whether 
slavery  was  an  institution  of  the  territory  before,  in  jioint  of  fact, 
any  slave  was  carried  there  by  one  of  our  citizens.  If  so,  then  the 
slave  carried  would  be  recognized  as  property  in  the  territory  by 
force  of  its  own  institution,  and  not  that  of  the  State  from  which 
the  slave  was  brought.  Thus,  in  my  own  State,  though,  in  point 
of  fact,  there  were  not  a  single  slave  to  be  found  to-day.  still  sla- 
very would  be  a  recognized  institution  of  the  State  ;  and  the  man 
who  should  go  there  "with  his  slave  to-morrov.-,  would  not  carry 
any  new  insututton  with  him  him,  but  would  merely  carry  there 
a  recognized  subject  of  property  under  the  existing  law. 

Now  it  seems  to  me,  that  the  gentlemen  whose  opinions  I  op- 
pose must  maintain  one  of  two  things  :  either  that  by  force  of  the 
constitution  of  the  United  States  the  moment  territories  are  ac- 
quired dlavory  becomes  there  a  recognized  institution,  or  else,  that 
whother  it  will  bo  an  institution  of  the  territory  or  not  depends 
upon  the  fact  whether  or  not  a  slave  shall  be  carried  there  ;  that, 
vfhen  carried,  the  law  of  slavery  springs  up,  and  when  removed 
the  law  couses.  Now,  sir,  this  latter  proposition  seems  to  me  an 
absurdity.  The  law  which  recognizes  slavery  must  exist,  or  not 
exist,  independently  of  the  conduct  of  individuals  ;  and  as,  in  my 
judgment,  the  constitution  does  not  of  itself  establish  slavery  where 
It  did  not  exist,  we  must,  in  order  to  ascertain  its  existence  or 
non-existence  after  our  acquisition,  resort  to  the  previous  law. — 
There  seems  to  bo  some  doubt,  as  I  collect  from  the  remarks  of 
honorable  Senaturs  on  this  subject,  what  was  the  state  of  the  law 
in  the  territories  acquired  from  Mexico.  By  some  it  is  alleged 
that  all  slavery  was  absolutely  prohibited  ;  by  some,  th.at  a  spe- 
cies of  slavery,  called  peon  servitude,  existed  under  certain  modi- 
fications, about  which  gentlemen  are  not  agreed  ;  but  it  is  conce- 
<led  on  all  hands,  that  xVfrican  slavery,  as  recognized  m  certain 
States  of  the  Union,  was  not  an  institution  recognized  in  these 
Mexican  territorie»,  .  ,     ,        ■     „     . 

Now  I  hold  upon  this  concession,  that  the  law  in  Mexico  not 
Uavinf  roconizcd  slavery  as  it  exists  with  us,  such  slavery  stands 
prohibited  in  Mexico  until  it  shall  be  allowed  by  law.  Nothing, 
I  apprehend,  is  clearer  than  that,  by  the  acquisition  of  a  territory, 
whether  it  forms  a  part  or  the  whole  of  a  foreign  nation— whether 
subdued  by  arms  or  ceded  by  treaty— no  laws  aio  repealed  except 
|lioso  which  are  inoonsislent  \vith  the  relations  which  the  subju- 


gated p»ople  bear  to  their  new  new  sovereign  ;  that  snob  acquisi- 
tion implies  only  a  change  of  dominion  and  allegiance — a  transfer  of 
legislative  authority  and  executive  control  ;  and  that  all  laws  not 
necessarily  inconsistent  therewith  remain  in  full  force  until  the  new 
sovereign  shall  modify,  alter,  or  abolish  them.  On  this  subject 
Vattel  thus  expresses  himself ; 

■'  The  fundamental  regulation  that  determines  the  manner  in  which  tlio  public  au- 
thority is  to  be  executed  is  what  forms  the  constitution  of  the  Suite.  In  this  is  seen 
the  form  in  which  the  u  at  ion  acts,  in  quulily  of  a  body  jiolitic,  how  and  by  whom  ihe 

fieople  are  to  be  governed,  and  what  are  the  rights  and  duties  of  the  governor."  "The 
aws  are  regulations  established  by  public  authoritv.  to  be  observed  in  society."  "The 
laws  made  direcly  with  a  view  to  the  public  welfare  are  politicnl  intrs,  and  in  this 
class  those  that  concern  the  body  itself  and  the  being  of  the  society,  the  form  of  gov 
erument,  the  maimer  in  which  the  public  authorily  is  to  be  exerted  ;  those,  in  a  word, 
which  together  form  the  constitnlion  of  the  State,  are  the/MTi(//lm™.(ai  lures.  The 
cjiirV  toios  are  tiiosu  that  regulate  the  rights  and  conduct  of  tlia  citizens  among  them 
selves." 

Chief  Justice  Marshall,  in  delivering  the  opinion  of  the  court, 
in  the  case  to  which  I  have  before  referred,  speaking  of  the  effect 
produced  by  the  cession  of  territory,  says  : 

"  On  such  transfer  of  territory  it  has  never  been  held  that  the  relations  of  the  inha- 
bitants with  each  other  undergo  nriy  change.  Their  relations  with  their  former  sove- 
reign are  dissolved,  and  new  relations  are  created  between  them  and  the  government 
which  has  acquired  their  territory.  The  same  act  which  transfers  'heir  country  trans- 
fers the  allegiance  of  those  who  remain  it,  and  the  law  which  may  bo  determined  pnltl- 
icat  is  necessarily  changed,  although  that  which  regulates  the  intercourse  and  gene 
ral  conduct  of  individnals  remains  in  force  until  altered  by  the  newly  created  power  of 
tba  Slate." 

And  again,  in  the  same  opinion,  he  says: 

*"  It  has  been  alieady  staled  that  all  the  laws  which  were  in  force  in  Florida,  while 
•  province  of  Spain,  those  excepted  which  were  political  in  their  character,  srAitA 
concerned  tht  relations  heticeen  the  people  and  their  sovereign,  remained  in  force  on- 
til  altered  by  the  government  of  the  United  States.  Congress  recognizes  this  princi- 
ple by  using  the  words  '  laws  of  the  territory  now  in  force  therein.'  " 

Now.  it  is  here  manifest  that  of  the  laws  of  a  ceded  territory 
none  are  abrogated  by  the  cession  except  those  which  are  called 
political,  and  that  these  only  are  called  political  which  concern  the 
relations  between  the  people  and  their  sovereign  ;  that  these  are 
"  necessarily  changed,"  because  inconsisteut  with  the  new  rela- 
tions between  the  territory  and  its  new  sovereign  ;  that  the  neces- 
sity of  the  case  alone  produces  any  change  ;  and  that  all  other 
laws,  whether  described  as  the  municipal  laws,  the  civil  laws,  or 
the  laws  regulating  "  the  rights  and  conduct  of  the  citizens 
among  themselves,"  remain  m  force  until  altered  by  the  new  sove- 
reign. 

Now,  sir,  it  is  agreed  by  all  the  writers  on  national  law,  by  all 
judges  who  have  treated  upon  this  subject,  that  slavery  owes  its 
existence  to  positive  law,  to  municipal  law  ;  that,  independently 
of  law  authorizing  it,  it  does  not  exist  any  where  ;  from  which  it 
necessarily  follows,  that  whether  African  slavery  bo  expressly 
prohibited  in  these  te.-ritories  or  not,  it  does  not  exist  unless  by 
their  law  it  be  allowed,  which  no  one  pretends.  Whether  it  shall 
be  intreduced  or  its  exclusion  continued  depends,  in  uiy  judgment, 
upon  the  will  of  Congress.  If  nothing  be  done  by  Congress,  it 
remains  excluded,  and  their  power  over  the  subject  is  complete 
and  perfect.  It  seems  to  me  that  some  confusion  has  resulted  in 
the  views  of  gentlemen  upon  this  subject,  from  the  fact  that  we 
heretofore  have  not  made  acquisitions  of  territory  except  with  a 
view  to  the  formation  of  States  ;  but  we  have  just  as  much  power 
to  acquire  territory  and  keep  it  in  perpetual  pupilage  as  we  have 
to  bring  it  into  the  Union  as  a  State.  Our  right  to  acquire  springs 
out  of  the  treaty  power  and  the  war  power,  and  when  we  acquire 
we  are  to  decide  for  ourselves  what  shall  be  done  with  what  has  be- 
come ours,  by  cession  or  by  conquest.  If  we  should  obtain  that  El  Do- 
rado of  some  ■jcntlemcn,  the  island  of  Cuba, would  we  be  bound  to  ad- 
mit it  into  our  Union?  By  no  means.  We  should  have  a  right  to  keep 
it  as  a  territory,  a  province,  and  regulate  it  as  we  please.  And  if  we 
deemed  it  best  for  the  interest  of  the  United  States,  we  might 
rightlully  so  keep  it,  even,  to  use  an  extravagant  phrase,  "  to  the 
last  syllable  of  recorded  time."  The  constitutional  restrictions 
were  intended  to  protect  us  against  our  own  government  ;  they 
were  intended  to  regulate  us  among  ourselves,  to  define  and  dis- 
tribute the  powers  which  exist  between  the  United  States  and  the 
several  States,  and  to  secure  to  the  States  and  to  the  people  pow- 
ers not  granted  to  the  United  States.  There  is  not  an  article 
which  looks  to  the  restraint  of  power,  except  as  it  is  to  be  exer- 
cised over  us  ;  not  an  article  designed  to  shorten  our  hands  or  di- 
minish the  aggregate  of  our  power  in  acting  externally  upon  for- 
eign territory.  "Therefore,  I  hold,  that  among  those  subjects  fall- 
ing within  the  constitutional  power  of  Congress,  is  the  entire  reg- 
ulation of  such  territory  as  we  may  acquire,  to  make  such  laws 
for  it  as  we  may  think  best,  and  to  give  it  a  political  organization 
of  such  kind  and  with  such  restraints  and  limitations  as  wo  may  pre- 
scribe. Within  this  power  is  incluiled  the  introduction  or  exclu- 
sion of  slavety,  accnrding  to  our  own  judgment,  entirely  independ- 
ent and  irrespective  of  the  wishes  of  the  people  of  the  territory  or 
any  body  else.  My  friend  from  Ohio,  [Mr.  Corwin,]  in  his 
speech  yesterday,  stated  that  I  was  the  only  gentleman  sustaining 
the  same  relation  to  the  subject  upon  this  floor  who  entertained 
this  opinion.  Since  that  remark  was  made,  my  friend  from  Ken- 
tucky [Mr.  Underwood]  has  expressed  the  same  ojiinion  ;  and  I 
hazard  nothing  in  saying  that  the  honorable  Senator  from  Missou- 
ri. [Mr.  Benton,]  now  in  my  eye,  than  whom  no  man  is  more 
capable  of  forming  a  sound  judgment,  holds  the  same  opinion  with- 
out qualification.  If  I  do  him  injustice,  I  hope  he  will  say  so. 
The  opinion  is  by  no  means  novel.  Why,  sir,  when  the  bill  ad- 
mitting Missouri  passed  the  House,  it  contained  an  express  pro- 
vision, as  a  fundamental  condition  on  wliioh  that  State  was  to  bq 


July  26.] 


THE  COMPROMISE  BILL. 


957 


admitted,  that  slavery  should  be  excluded.  When  the  bill  came 
into  the  Senate  that  provision  was  stricken  out,  and  the  Missoari 
compromise,  excludinc  slavery  from  the  territory  north  and  west, 
was  agreed  to  ;  and  so  far  were  southern  members  from  havinij 
discovered  at  that  time  that  Congress  had  no  power  over  the  sul> 
jeet,  the  amendment  was  adopted  apparently  without  a  division, 
at  all  events,  without  the  yeas  and  nays  ;  no  southern  member  ap- 
pearing to  have  thoujjht  it  necessary  or  important  to  record  his 
vote.  Nor  was  this  an  instance  of  hasty  and  inconsiderate  action. 
Amons;  the  southern  Senators  present  on  that  occasion  was  the 
late  William  Pinckncy.  It  would  be  idle  for  mo  to  say  here,  or 
any  where  in  the  United  States,  who  William  Pinekney  was,  or  to 
what  respect  his  opinions  are  entitled.  In  a  letter  written  to  his 
son-in-law,  and  preserved  in  his  life  by  Mr.  Whcaton,  ho  said  : 

"  The  bill  for  (lie  admission  of  Missouri  into  the  Union  (witliont  rostriction  us  to 
slavery)  may  be  considererl  as  passed.  That  bill  was  sent  back  a^ain  lliis  morning 
from  the  Honse  with  the  restriction  as  to  slavery.  The  Senate  voted  to  amend  it  by  stri^ 
kiiif;  out  the  restriction,  (27  to  I.S)  and  proposed,  as  another  amendment,  irltich  I  /tare 
all  nloitfT  i«'l  thea'tvoc:tte  nf,  a  restriction  upon  the  vacant  territory  to  the  uorlll  and 
west  as  to  slavery." 

Now,  here  we  learn  that  Mr.  Pinckncy  voted  for  this  exclusion 
of  slavery  from  the  territory,  not  reluctantly,  because  nothing  bet- 
ter could  be  obtained,  but  because  he  had  all  along  been  an  advo- 
cate of  it,  and  must,  therefore,  have  thought  it  both  constitutional 
and  expedient. 

Mr.  KI.N'G. — Does  the  Senator  intend  to  convey  the  idea  that 
Mr.  Pinckncy  was  in  favor  of  a  restriction  upon  a  State  entering 
the  Union  bv  which  slavery  wtis  to  be  exr:-ludcd  from  it? 

Mr.  BADGER. — Why,  certainly  not.  Ha  says  directly  the  con- 
trary. 

Mr.  KING. — That  ha  was  oi^poied  to  any  restriction  upon  the 
State  of  Miisouri? 

Mr.  BADGER. — Let  me  state  again  what  Mr.  Pinckney  said: 
That  he  was  opposed  to  the  restriction  upon  the  State,  but  that 
he  was  in  favor  of  the  restriction  upon  the  territory  north  and  west 
of  the  State. 

Mr.  CALHOUN. — I  believe  Mr.  Pinckney  wa»  an  abolitionist. 

Mr.  BADGER. — I  hope  that  the  honorable  Senator,  having 
made  a  remark  nf  that  kind  with  reference  to  a  distinguislieil  gen- 
tleman, once  a  member  of  this  body  and  now  in  his  grave,  will  give 
us  some  proof  it,  or  retract  it. 

Mr.  CALHOUN.— The  fact  is  as  I  have  stated, 

Mr.  BADGER. — The  very  paper  which  I  read  refutes  the 
charge  that  Mr.  Pinckney  was  an  abolitioni&t. 

Mr.  CALHOUN. — No  charge  was  preferred.  I  only  stated 
that  Mr.  Pinckney  is  known  to  have  entertained  views  favorable 
to  abolition. 

Mr.  BADGER. — If  he  had  been  an  abolitionist,  he  would  have 
been  in  favor  of  excluding  slavery  from  the  State  of  Missouri.  But 
let  me  add,  that  with  regard  to  the  opinion  of  Mr.  Pinckney  on 
this  subject,  it  cannot  be  in  the  slightest  degree  important  whetlier 
he  was  an  abolitionist  or  not.  If  Mr.  Pinckney  was  in  favor  of 
abolishing  slavery,  he  must  nevertheless  have  understood  the  dif- 
ference between  his  wishes  as  to  what  should  he  done,  and  the 
power  of  this  government  to  do  it.  I  must  therefore  inf»r,  out  of 
a  decent  respect,  to  say  notiiing  of  a  high  admiration,  for  the  ex- 
traordinary ability  and  legal  acumen  of  that  gentleman,  that  he 
did  not  doubt  the  power  of  Congress  when  he  wrote  that  letter. 
Sir,  he  could  not  be  excused,  his  moral  character  could  not  be  pre- 
served, he  would  stand  charged  in  his  grave  with  having  violated 
his  oath,  and  committed  foul  wrong  upon  the  constitution  of  his 
country,  if  he  had  advocated  and  voted  for  that  restriction — per- 
manent, perpetual,  and  looking  to  all  time — while  he  doubted  the 
power  of  Congress  to  impose  it.  If  Mr.  Pinckney's  opinion  upon 
the  propriety  of  abolishing  slavery,  referred  to  by  the  Senator  from 
South  Carolina,  is  supposed  or  understood  to  have  any  etTect  in  de- 
termining what  his  judgment  was,  or  impairing  the  weight  of  that 
judgment  as  authority,  I  must  say  it  was  referred  to  to  no  pur- 
pose. 

Mr.  CAHOUN. — It  was  stated  for  what  it  is  worth. 

Mr.  BADGER.— Well,  then,  it  is  worth  nothing.' 

'  •  Since  this  speech  was  delivered.  I  requested  the  Hon.  James  A.  Pearce,  of  Mary- 
land, to  ascertain,  if  he  could,  from  some  authoritative  source,  the  true  opinions  of 
Mr.  Pinckney  as  to  slavery  ;  in  order  to  vindicate  liim  from,  what  I  deemed,  an  lin 
(intation  upon  his  memory.  Mr.  Pearce  svrote.  in  conspqueni'e  of  this  request,  to 
William  PincUnev.  a  son  of  the  lale  distiri^iii-hed  Senator.  I.HWvi-r  anil  stat.?=man, 
from  whom  he  rr-ceived  an  answer,  the  following  extrai-ls  from  which  1  am  aliowei!  by 
my  friend,  Mr.  Pearce.  to  pubhsh,  and  wliicli  aronce  explain  the  occasion  from  which 
Mr.  Callionn's  error  was  derived,  and  correct  the  error : 

"It  is  very  true  that,  in  the  speech  mads  by  my  father  in  the  Legislature  of  Mary- 
land, when  a  rert/ ?/OTfn;?  m«;j,  tliere  may  exist  passages  which  might  give  slight 
grounds  of  suspicion  for  the  inference  which  Mr.  Calhoun  has  arrived  at ;  but  surely 
bis  speech  on  the  Missouri  question,  delivered  in  the  full  maturity  of  his  years,  would 
anninilate  any  supposition  of  iiis  Iteing  an  abolitionist." 

"I  remember  when  the  Missouri  question  was  agitating  the  country,  and  it  was  un- 
derstood that  Mr.  Pinkney  would  advocate  the  principles  he  subsequently  enforced  in 
the  Senate,  a  gentleman  of  this  citr,  well  knosvn  as  a  most  zealous  and  ultra  aboU- 
tionist,  called  on  Mr.  P.,  and  reminded  him  of  the  very  speech  referred  to  by  Mr.  Cal- 
houn, and  hoping  at  the  same  time  that  his  course  in  the  Senate  iwtc  would  be  in  har- 
mony with  his  supposed  feelings  on  the  occasion  referred  to.  My  father  assured  bun 
that  the  speech  in  question  was  that  of  a  young  man  just  entering  into  irolitical  hie, 
and  that  any  expectations  of  the  friends  of  BDohtion  derived  fnjm  that  speech  were 
wholly  delusive,  as  far  as  regarded  his  opinions  or  action  on  tho  question  m  the  Sen- 


I  Stand  upon  this  subject  on  what  I  understand  to  be  the  opinion 
of  the  Supremo  Court  of  the  United  States,  and  upon  the  opinion 
of  the  southern  statesmen  who  adorned  this  Senate  at  the  time  of 
the  Missouri  compromise.  I  stand  upon  the  theory  and  practice 
of  the  government  upon  this  subject;  and  occupying  this  position, 
I  am  called  upon  to  vote  for  a  bill  by  which,  in  my  opinion,  the 
South  makes  a  total  surrender  of  all  the  interests  and  wishes  of  her 
jieople  in  this  question.  We  are  to  submit  to  the  judgment  of  the 
Supreme  Court  to  determine  whether,  by  virtue  of  unythinc  in  the 
constitution  of  the  United  States,  the  moment  these  territolies  be- 
come ours  by  treaty  the  institution  of  negro  slavery  is  esublished, 
in  them.  Now,  I  have  not  the  remotest  idea  that  the  Supreme 
Court  will  ever  hold  the  affirmative  of  that  question.  I  look  upon 
the  bill  as  calling  upon  me,  represenlinfr,  with  my  honorable  col- 
league,  the  interests  of  one  of  the  souihern  States,  lo  make  this 
total  surrender  on  her  behalf.  If  gentlemen  will  show  me  what 
we  are  to  gain  by  that  surrender,  if  they  will  point  out  to  me  any 
countervailing  advantages,  if  they  will 'make  rue  understand  how, 
upon  the  principle  of  compromising  a  disputed  question  as  to  the 
disposing  of  these  territories,  I  shall  surrender  the  whole  to  the  op. 
posite  pariy ,  I  shall  he  able  to  give  this  measure  my  support.  My 
friend  from  Maryland  [Mr.  Johnson]  has  said  that  we  only  asked 
to  save  our  honor.  Sir,  I  would  be  just  as  willing,  so  far" as  the 
interests  of  my  constituents  are  concerned,  to  vote  for  a  bill  id 
terms  exiluding  slavery,  and  should  think  it  more  manly  to  do  so. 
In  my  judgment,  a  total  surrender  on  the  part  of  the  South  would 
follow  as  eflectually  from  the  passage  of  this  bill,  as  if  the  Wilmrt 
provisr).  or  any  other  form  of  exclusion,  were  adopted.  How, 
then,  is  my  honor  saved?  If  I  am  disposed  to  give  up;  if  for  any 
consideration  1  am  willing  to  yield  tho  interests  and  feelings  of  my 
constituents,  why  not  do  so  at  once?  I  can  see  nothin"  on  the 
score  of  honor  to  be  gained  by  this  measure. 

Mr.  BUTLER. — As  I  have  had  some  of  Ihe  difficulties  under 
which  the  Senator  from  North  Carolina  appears  to  labor,  I  beg  to 
ask  hitn  what  would  bo  tho  state  of  our  rights  in  tivv;  Mexico  and 
California,  if  the  laws  now  in  force  there  were  left  unchanged? 
Can  he  point  out  any  mode  by  which  our  rights  would  be  more  se- 
cure, without  repealing  the  laws  now  in  force? 

Mr.  BADGER. — I  think  I  could  point  out  a  very  just  and  equi- 
table mode,  which  would  save  the  honor  of  all  the  parties  to  this 
agitating  question.  We  have,  however,  now  In  do  with  the  mea- 
sure before  us,  wliich  is  recommended  to  us,  as  I  have  remarked, 
because  it  saves  our  honor.  I  say,  according  to  ray  judgment,  it 
saves  no  such  thing. 

Mr.  BUTLER. — I  ask  if  any  other  remedy,  which  has  been  in- 
dicated here,  woujd  not  be  obnoxions  to  the  same  objection? 

Mr.  BADGER. — I  think  I  could  menlion  one.  I  repeat,  sir, 
that,  in  my  opinion,  by  this  measure  we  surremler  the  whole  and 
gain  nothing  in  return.  If  it  were  to  bo  the  means  of  putting  an 
end  lo  this  dangerous  snd  disorganizing  agitation — if  it  would  bring 
peace  and  quiet  to  the  country — I  weuld  go  homo  among  my  con- 
stituents,and,  appealing  to  them  as  citizensof  oneof  tho  old  original 
thirteen,  of  whose  gallant  sons  some  died  upon  tho  battle-fields  of 
the  revolution,  and  others  went  down  to  their  graves  covered  with 
honorable  scars,  and  hundreds  and  thousands  did  battle  in  vindica- 
tion of  their  cnuntry's  cause,  I  would  say  to  them — to  the  people 
amongst  whom  I  was  born,  amongst  whom  I  have  lived,  to  whose 
kindness,  promotion,  and  patronage  I  owe  everything  of  distinc- 
tion and  prosperity  that  1  enjoy,  amongst  whom  I  expect  to  die, 
amongst  whom  my  children,  I  trust,  will  live  after  I  am  gone — 1 
would  say  to  tliem,  I  made  this  surrender  because  I  knew  your 
deep  devotion  to  the  institutions  handed  down  by  our  forefathers; 
because  I  knew  your  resolute  opposition  to  everything  by  which 
the  union  of  these  States  may  be  severed  or  weakened;  because  I 
felt  assured  that  you  would  justify  me  in  giving  up  whatever  of  in- 
terest or  feeling  you  might  have  in  this  question,  in  order  to  pre- 
serve the  constitution,  cement  the  Union,  and  perpetuate  the  free- 
dom of  our  country. 

But  have  we  the  least  reason  to  believe  that  peace  and  harmony 
will  be  the  result  of  the  passage  of  this  bill  ?  Sir,  we  have  none. 
On  tho  contrary,  we  have  convincing  evidence  that  its  passage 
would  be  the  signal  for  a  new  and  bitter  agitation.  Sir,  I  could 
not  stand  up  before  my  constitnents,  patriotic  as  they  are,  willing 
as  they  are  to  make  large  concessions,  and  tell  them  that  I  had 
voted  for  a  bill  by  which,  in  effect,  they  were  excluded  from  the 
new  territories;  by  which  all  their  interests  were  surrendered,  and 
nothing  gained  in  return.  Is  it  not  plain  that  this  is  so?  Do 
eentlemen  Irom  Ihe  North  accept  the  surrender  in  good  part  ?  On 
fhn  contrary,  do  they  not  repel  it  with  scorn  ?  .\nd  A)  we  not  al- 
rea'ly  hear  IVniu  ai:ir  a  storm  of  denunciation  ? 

Mr.  President.  I  do  not  regard  the  surrender  of  which  I  have 
spoken  as  a  matter  of  such  entire  insignificance  as  some  gentle- 
men appear  to  consider  it.  We  have  had  various  accounts  as  to 
California  and  New  Mexico  ;  but.  according  to  the  best  informa- 
tion I  have  been  able  to  obtain,  there  are  portions  of  the  former 
suited  to  the  cultivation  of  cotton  and  sugar.  If  so,  it  is  my  deli- 
berate conviction  that  slaveholders  should  bo  allowed  lo  settle 
there.  I  do  not  deny,  I  have  expressly  admilied,  that  Congress 
has  the  power  to  prohibit  slavery  there.  Believing  this  to  be  so, 
I  have  made  no  attempt  to  support  the  cause  of  the  South  by  de- 
nial or  evasion  But  I  say  to  our  northern  friends,  that  if  the 
ooantrv  is  adapted  to  the  cultivation  of  cotton  and  sugar,  slave- 
holders should  be  allowed  to  people  it,  and  I  desire  to  obtain  for 


958 


THE  COMPROMISE  BILL. 


[Wednesday, 


them  that  advantage.  Certainly  I  cannot  consent  to  surrender 
it  for  nothing. 

I  have  been  extremely  pained  at  the  coarse  of  observation  which 
has  been  indulged  in  by  several  gentlemen  in  speaking  upon  this 
bill  ;  and  having  expressed,  fully  and  frankly,  my  own  opinion  up- 
on the  question  of  power,  I  will  add  some  remarks  addressed  to 
what  I  consider  the  expediency  and  propriety  of  admitting  into 
these  territories  the  slaves  of  the  South.  I  claim  no  exemption 
from  those  biases  which  belong  to  my  particular  position,  but  I 
will  say  this,  that  if  I  know  myself,  (a  very  difficult  matter,  I  am 
aware,)  what  I  am  about  to  say  is  the  honest  conviction  of  my 
understanding.  What  is  the  true  position,  then,  of  this  question, 
upon  which  our  friends  froin  the  North  have  spoken  in  such  indig- 
nant terms?  In  the  first  place,  it  is  not  proposed  to  introduce  an 
additioaal  slave  upon  the  soil  of  America.  We  ask  no  such  thing. 
On  the  contrary,  I  venture  to  say  that  no  man  can  be  found  in  the 
northern  portion  of  the  Union,  thousih  he  be  the  most  ultra  of  all 
abolitionists,  who  is  more  thoroughly,  ;ibsolutely,  and  totally  op- 
posed to  the  introduction  of  African  slaves  into  the  country,  than 
are  the  entire  population  of  the  South.  Noithern  gentlemen  take 
up  this  subject  upon  some  theory,  in  itself  not  sound,  and  not  very 
soundly  reasoned  from,  as  it  appears  to  me;  they  tell  us  that  slavery 
is  wrong,  is  an  evil,  and,  therefore,  they  are  resolved  that  those  who 
are  slaves  shall  not,  under  any  circumstances,  be  removed  into 
territory  now  Iree  ;  that  free  soil  shall  forever  remain  free.  Now, 
in  this,  are  they  dealing  with  the  subject  as  practical  men  ?  It  is 
a  great  question,  and  is  entitled  to  a  fair  and  practical  considera- 
tion. We  have  amon£f  us  the  instiiutinn  of  slavery,  for  which  we 
are  not  responsible.  It  was  forced  upon  our  forefathers  by  ava- 
rice and  power  from  abroad.  But,  however  produced,  here  is  the 
institution,  and  among  us  are  nearly  three  millions  of  slaves. 
Now,  what  is  to  be  the  consequence  ofallowing  their  masters  to  take 
them  into  such  portians  of  this  territory  as  admit  of  their  profita- 
ble employment?  Whom  will  it  injure?  Those  who  live  remote 
and  have  no  slaves  ?  Certainly  not  ;  for  if  this  country  is  suited 
to  the  cultivation  of  cotton  and  sugar,  they  do  not  propose  to  go 
there  to  pursue  this  cultivation  with  free  labor.  If,  on  the  contra- 
ry, this  territory  is  not  adapted  to  this  cultivation,  no  man  will 
■willingly  carry  his  slaves  where  their  employment  will  be  injuri- 
ous  or  unprofitable  to  him.  Yet  gentlemen,  upon  some  fanatical 
notion,  (I  use  the  term  in  no  disrespectful  sense.)  upon  some  ge- 
neral elementary  opinion  that  slavery  is  an  institution  whicli  ought 
not  to  be  introduced  among  mankind,  close  their  eyes  to  the  fact 
that  it  is  here  ;  that  it  must  continue  to  exist  ;  agitate  the  ques- 
tion of  free  soil,  and  refuse  or  neglect  to  consider  the  practical  ef- 
fect of  the  measures  they  propose  upon  the  condition  of  the  slaves 
for  whom  their  sympathy  is  awakened.  I  was,  I  confess,  deeply 
hurt  when  I  heard  gentlemen  say.  that  they  wished  to  confine  this 
institution  within  its  present  bounds  until  it  should  become  intole- 
rable ;  that  they  wished  this  "festering  evil,"  instead  of  being 
scattered,  should  be  confined,  until  it  should  burst  and  discharae 
its  social  corruption  npon  the  South.  Is  this  to  wish  for  good  ? 
Is  it  to  desire  the  mitigation  of  evils  which  cannot  be  removed? 
Is  it  not.  on  the  contrary,  to  desire  the  utmost  aggravation  of  ca- 
lamity, involving  both  slave  and  master  in  a  common  ruin  ? 

Sir,  the  expansion  of  the  slave  population  is  of  the  highest  im- 
portance to  the  welfare  and  improvement  of  the  slaves.  What  do 
our  friends  expect,  supposing  their  utmost  wishes  to  be  gratified  ? 
Are  they,  or  their  constituents,  acting  upon  any  of  the  principles 
•which  in  times  prist  have  governed  well  reaulated  minds  in  the 
pursuit  of  truth  and  social  improvement?  Mv  honorable  friend 
from  Ohio,  [Mr.  Corwin,]  a  friend  I  feel  hini  to  be,  much  as  I 
differ  Irom  him  on  this  subject,  and  deeply  as  I  grieve  to  hear 
some  of  his  sentiments,  is  familiar  with  the  history  of  the  olden 
time  ;  familiar  with  that  book  which  teaches  us  the  orderinss  of 
God's  providence  in  the  days  that  are  past.  Now,  sir,  in  that'"his- 
tory  does  my  friend  find  any  warrant  for  this  species  of  uneompro- 
mising  and  instantaneous  extirpation  of  even  admitted  evils  ? 
When  Moses  led  out  the  Israelites  from  Egypt,  polygamy  was 
established  among  them.  They  had  addicted  themselves  to  it 
from  their  commerce  with  the  eastern  gentiles,  and  derived  it.  in- 
deed,  from  the  example  of  their  lather,  Abraham.  When  Moses, 
under  the  influence  of  divine  inspiration,  proclaimed  the  laws  lor 
the  government  of  their  civil  polilv  and  internal  conduct,  why  was 
not  polygamy  instantly  prohibited  ?  How  did  it  happen  that  lor 
many  hundred  years  it  was  tolerated  by  the  institutions  of  the  Jewish 
law-mver?  Sir,  the  reason  given  by  our'Saviour  for  this  toleration  m.ay 
afford  us  an  instructive  lesson.  In  answer  loan  inquirv  from  his  disci- 
ples respecting  the  law  of  divorce,  we  learn  that  Moses  suffered 
this  evil  to  continue  on  account  of  the  .Tews'  hardness  of  heart. 
The  human  race  began  with  a  single  pair,  one  man  and  one  wo- 
man, and  ihat  institution,  divinely  cstiiblislieil,  was  iiiieii(lr'il  to  be 
perpeliial.  Yet  AUiscs,  that  wise  law-giver,  zealous  as  he  was 
for  the  honor  of  God  and  the  purity  of  his  people,  sought  not  an 
instantaneous  correction  of  the  evil.  Hence,  for  hundreds  of 
years,  the  divine  institution  of  marriage  remiiined  suspended,  and 
polygamy  was  tolerated  and  openly  jiractised,  until  the  Jews,  by 
a  long  course  of  training  under  the  divine  dispensations,  had  be- 
come gradually  prepared  for  the  restoration  of  the  original  law  in 
all  its  purity,  and  to  bear,  without  rebellious  dissent,  its  authori- 
tative re-establishment  by  our  Saviour. 

Take  another  instance,  having  a  precise  analogy  to  the  case  un- 
der our  consideration.  When  the  apostles  went  lnrtli  to"  preach 
the  religion  of  salvation,  they  found  the  institution  of  slavery  ex- 
isting everywhere — and  existing  everywhere  in  a  form  more  op- 
pressive, with  authority  in  the  master  far  larger,  and  the  e.\actioii5 


upon  the  slave  far  greater,  than  in  our  own  country.  Yet,  the 
laws  of  the  Roman  empire  not  only  placed  no  restriction  upon 
emancipation,  but  encouraged  and  favored  it ;  and  the  slaves 
being  of  the  same  color  with  the  master,  the  same  difficul- 
ties did  not  exist  with  them  as  with  us,  to  an  imme- 
diate restoration  of  liberty  to  the  whole,  or  any  considerable  por- 
tion, of  the  slave  population.  Now,  the  undoubted  object  of  tho 
Christian  religion  was  to  denounce  all  sin,  and  to  extirpate  all 
moral  evil,  and  to  bring  in  universal  moral  good.  This  is  its  un- 
doubted tendency,  and  this  was  the  undoubted  purpo.se  of  its  first 
inspired  teachers.  If  slavery  is  an  evil  which  ought  not  to  be  at 
all  toieraled,  but  is  of  such  a  detestable  nature  as  to  be  utterly 
irreconcilable  with  religious  faith  and  practice,  it  was  so  in  the  times 
of  the  apostles,  and,  as  inspired  men,  they  knew  it  to  be  so.  Yet, 
what  was  the  course  pursued  by  them  in  reference  to  this  institu- 
tion ?  As  they  made  converts,  who  were  slave  owners,  did  ihey 
direct,  or  even  recommend,  the  immediate  or  even  gradual  eman- 
cipation of  their  slaves  ?  Did  they  teach  christian  slaves  that  they 
owed  no  obedience,  as  such,  to  their  christian  masters?  Did  they 
encourage  them  to  eseape  from  the  dominion  of  their  masters  ? 
Far,  very  far  from  it.  They  taught  all  slaves  the  duty,  the  religioui 
duly  of  obedience  to  their  ra^isters,  and  urged  this  duty  upon  chris- 
tian slaves  towards  christian  masters  by  the  affecting  consideration 
of  their  being  brethren  in  Christ.  They  urged  upon  christian 
masters  the  duty  of  kindness,  justice,  moderation,  towards  their 
slaves,  by  reminding  them  that  all  christians,  masters  as  well  as 
slaves,  were  the  subjects  of  one  common  master — '*  even  Christ." 
They  treated  this  relation  like  all  others  which  they  found  exist- 
ing among  men,  enforcing  the  duties  which  sprung  out  of  it,  re- 
spectively, tc  tho  parties,  by  religious  motives  and  considerations. 
They  did  not  make  haste  to  abolish  what  they  might  have  con- 
ceived an  evil,  but,  exercising  a  wise  forbearance  lest  greater  evil 
should  result  by  a  sudden  revolution  in  an  existing  institution  of 
society,  they  sought  only  to  bring  all  under  the  inffuenees  of  chris- 
tian principles,  and  left  the  innate  tendency  of  those  principles  ul- 
timately to  remove  whatever  was  evil  in  the  institution,  and,  if 
evil  altogether,  the  institution  itself. 

Now,  what  a  contrast  to  all  this  is  found  in  the  conduct  of  anti- 
slavery  men  at  the  present  day.  The  cry  is  "  immediate  aboli- 
tion"— "  away  with  slavery  from  the  face  of  the  earth."  And 
those  States,  which  took  a  half  a  century  gradually  to  emancipate 
a  few  slaves,  now  seem  to  require  or  expect  the  immediate  restora- 
tion to  liberty  of  more  than  two  millions  of  slaves  !  Now,  sir,  if 
a  gentleman  tells  me  that  slavery  is  a  sin  of  a  dye  so  deep  that 
the  existence  of  it  for  a  day  is  utterly  inconsistent  with  the  divine 
law,  and,  therefore,  he  feels  bound  by  every  means  in  his  power 
to  seek  its  immediate  extirpation,  disregarding  all  constitutional 
obligations  vphich  may  stand  in  his  way,  I  should  know  that  he 
was  opposed  to  the  Apostles,  and  might  think  that  he  was  mad. 
But,  at  the  same  time,  I  should  perceive  that  though  his  premises 
were  false,  he  reasoned  correctly  from  them;  because  it  is  clear 
that  the  divine  law  cannot  be  superseded  by  mere  human  author- 
ity. But  they  who  maintain  that  slavery  has  in  itself  this  malig- 
nant wickedness  of  character,  which  puts  it  in  irreconcilable  con- 
flict with  Divine  law,  and  yet  feel  bound,  by  the  obligations  of  the 
constitution,  in  the  States  where  it  exists,  to  support  it,  reason 
falsely  from  their  own  premises.  They  would  be  more  consistent 
with  themselves,  thongh  more  at  variance  with  truth,  if  they  be- 
came avowed  abolitionists.  Sir,  the  true  reasoning  upon  this  suh- 
ject  is  pursued  by  neither  of  the  classes  to  which  I  have  referred. 
Slavery,  in  itself,  is  an  institution  forbidden  by  the  Divine  law,  as 
is  incontestibly  proved  by  the  conduct  of  the  Apostles.  It  may  be 
an  evil.  It  may  be  proper  that  it  should  be  removed.  But  the 
time  when,  and  the  manner  how,  tnust  be  determined  by  wise  and 
temperate  considerations  of  expediency,  lest,  in  a  rash  attempt  to 
remove  one  evil,  we  introduce  greater  and  more  unmanageable 
ones  in  its  place 

Mr.  President,  I  wish  that  our  northern  friends  would  re  exam- 
ine the  ground  which  they  have  assumed,  and  allow  Apostolic  pre- 
cept and  example  to  have  a  just  influence  upon  their  deliberations. 
Would  they  do  so,  I  cannot  but  hope  they  would --ee  ground  to  change 
their  position.  I  cannot  believe,  notwithstanding  the  strong  cx- 
pressi<nis  used  by  some  ol  them,  that  they  wish  to  do  us  injury,  or, 
notwithstanding  the  tendency  of  their  measures,  that  they  wish  to 
make  harder  the  condition  of  our  slaves.  Slavery  with  us  is  not 
an  institution  of  such  unmitigated  evil  as  to  require,  if  it  allowed 
of,  immediate  extirpation.  It  exists  in  a  mitigated  form,  tem- 
pered by  humanity,  and  modified  and  softened  by  the  influence  of 
Chuistianity.  True,  there  are  cruel  masters,  as  there  arc  cruel 
husbands  and  cruel  fathers,  but  is  that  a  reason  for  immediately 
destroying  the  authority  of  all  masters,  fathers,  and  husbands?  I 
assure  our  friends  that  hiunanity  towards  slaves  is  with  os  the 
rule,  and  inhiiniaiiily  the  exception  ;  and  wo  look  upin  ihe  cx.^ep- 
tion  with  as  little  toleration  as  they  do.  Now,  the  plan  which  they 
propose  of  confining  the  slaves  of  the  United  States  within  the  ter- 
ritory now  occupied  by  hem  thas  nothing  to  recommend  it,  but  is 
in  every  respect  objectionable.  It  does  not  diminish  the  number 
of  slaves — it  does  not  add  to  the  number  of  freemen — it  tends  not 
to  produce  emancipation,  except  possibly  at  a  remote  day.  and 
then  by  a  convulsion,  the  consequences  of  which  are  too  horrible 
to  be  adequately  conceived.  The  present  and  continuing  efli^ct  of 
that  plan  will  bo  cither  to  diminish  or  delay  every  improvement  in 
the  condilion  of  the  slave,  physical  and  moral  ;  and  while  it  may 
produce  some  loss  of  comfort  to  the  master,  it  will  assuredly  bring 
great  and  positive  evil  to  the  slave.  On  the  contrary,  what  we 
ask  hfts  every  good,  and  so  far  as  I  see,  no  evil  tendency.    All  we 


July  26.] 


THE  COMPROMISE  BILL.' 


959 


desire  is,  that  yoa  allow  the  present  slave  population,  without  any 
addition  thereto,  to  spread  itself  over  such  territory,  if  anv,  as  is 
particularly  suited  to  slave  cultivation.  By  this  wo  rob' you  of 
nothing  ;  lor  such  territory  is  not  suited  to  the  free  laborer  of  the 
North.  By  framing  what  we  ask,  you  ameliorate  the  condition  of 
the  slave  and  improve  that  of  the  master,  and  do  injury  to  ntr'elass 
of  our  population. 

Mr.  President,  I  beseech  our  northern  friends  tn  let  these  views 
have  a  just  influence  upon  them.  Sir,  let  them  follow  the  wise  ex- 
ampje  of  the  Aposlles — have  a  just  diffidence  of  ihcir  capacity  to 

devise  a  better  mode  of  doing   great   and  nliimate  good allow 

slaveholders  with  their  slaves  to  occupy  such  territory  as  I  have 
described — and  not  seek  by  extreme  doctrines  and  practices  to 
prevent  this  harmless  and  beneficial  expansion.  Let  tliem  permit 
the  principles  of  Christianity,  the  influence  of  divine  charity,  to  be 
gradually  still  more  diffused  amongst  masters  and  slaves,  force 
nothing  lurward  by  undue  and  premature  exertions,  and  tliey  may 
rely  confidently  that  in  God's  good  time  it  will  be  seen — not  by 
this  generation,  but  by  those  that  comu  alter  us— that  every  thing 
has,  upon  this  Apostolic  pattern,  worked  out  well,  and  produced 
the  largest  attainable  amount,  to  both  master  and  slave,  of  virtue 
and  happiness. 

Sir,  1  occupy  a  peculiar  position  upon  this  subject,  and  have  felt 
it  ray  duty  to  myself  and  my  constituents  to  make,  so  far  as  I  was 
able,  thai  position  understood.  So  far  as  I  know  myself,  I  have 
no  private  ends  to  serve  inconsistent  with  devotion  to  ibo  public 
good.  My  friend  from  Maryland  [Mr.  Joh.vson]  has  referred  to 
some  supposed  oonuexion  of  this  measure  with  the  pending  Presi- 
dential election.  No  such  connexion  would  be  allowed  to  have 
any  influence  to  direct  my  conduct  independently  of  great  national 
considerations.  'Co  any  argument  which  should  sliovv  that  the 
adoption  of  this  measure  will  settle  a  most  agitating  question,  and 
give  peace,  harmony,  and  mutual  confidence  to  the^  diflTerent  sec- 
tions of  the  country,  I  would  yield  a  ready  submission,  and  gladly 
surrender  to  it  the  opinions  1  have  expressed.  I  would  then  go 
heart  and  soul  for  the  adoption  of  the  measure,  if  its  certain  re- 
sult would  be  the  defeat  of  the  party  to  which  I  belong  in  the 
coming  election,  and,  I  had  almost  said,  its  defeat  now  and  for- 
ever. 

Mr.  DIX — Mr.  President:  It  is  with  great  reluctance  that  I 
throw  myself  on  the  indulgence  of  the  Senate  a  second  time  In 
this  discussion.  But  since  I  spoke,  positions  have  been  taken  in 
the  debate,  and  assertions  made,  which  I  cannot  pass  by  wiihout 
comment;  and  especially  am  I  unwilling  to  be  silent  when  the 
whole  subject  is  presented  to  us  under  a  new  phase  by  tlie  report 
of  the  committee  of  eight,  and  brings  up  a  train  of  considerations, 
having  an  important  bearing  upon  Ihe  question. 

Before  I  proceed  to  notice,  as  I  shall  very  briefly,  the  provisions 
of  the  bill  reported  by  the  committee,  I  desire  to  say  something 
on  other  topics  which  have  been  introduced  into  the  discussion. 

The  northern  States  have  been  repeatedly  charged  in  this  de- 
bate, and  on  many  previous  occasions,  with  aggression,  and  viola- 
tions of  the  constitutional  compact,  in  their  action  on  the  subject 
of  slavery.  With  regard  to  the  surrender  of  fugitive  slaves — the 
case  most  frequently  cited — it  is  possible  that  there  may  have  been 
some  action,  or  inaction,  in  particular  States,  not  in  strict  accord- 
ance with  the  good  faith  they  ought  to  observe  in  this  respect.  1 
I  know  not  how  it  is;  but  we  know  there  is  an  eflective  power  to 
legislate  on  this  subject  in  Congress;  and  I  am  sure  there  will  be 
no  want  of  eooperaiion  on  our  part,  in  carrying  out  the  require- 
ments of  the  constitution,  by  providing  all  reasonable  means  for 
executing  them. 

The  Senator  from  South  Carolina,  [Mr.  Butler,]  in  the  re- 
marxs  he  addressed  to  the  Senate  yesterday,  made  repeated  allu- 
sions to  me  in  connection  with  the  suggestion  of  a  superior  civili- 
zation in  the  non-slaveholding  States.  I  have  made  no  such  sug- 
gestion. I  have  drawn  no  parallel-  I  have  made  no  distinction, 
in  this  respect  between  the  North  and  the  South.  And  in  the 
case  to  which  he  particularly  referred,  and  in  which  I  spoke  of 
"  spires  pointing  to  the  skies,"  in  language  perhaps  somewhat 
more  flowery  than  I  am  accustomed  to  use,  I  expressly  said  that  I 
made  no  distincticu  between  the  two  great  sections   of  the  Union. 

But  this  is  a  matter  on  which  I  shall  not  dwell.  I  am  but  an 
individual;  and  a  misapprehension  which  concerns  only  myself,  is 
comparatively  of  little  importance.  But  when  the  Senator,  turn- 
ing irom  me,  assails  the  State  I  have  the  honor  to  represent;  when 
the  misoonception  does  injustice  to  those  who  have  given  me  their 
confidence,  he  wounds  me  in  a  more  tender  point,  and  I  cannot  pass 
his  remarks  by  without  a  more  extended  notice. 

Mr.  President,  I  endeavored  to  get  the  floor  yesterday  when 
the  Senator  took  his  seat,  and  I  made  repeated  attempts  alter- 
wards,  in  all  of  which  I  w&s  unsuccessful.  I  wished  to  notice,  at 
the  moment  and  on  the  spot,  the  imputations  which  he  had  oast 
on  the  State  of  New  York,  in  language  1  regretted  to  hear  from 
any  Senator  on  this  floor.  He  said  a  requisition  had  been  made, 
some  years  ago,  on  the  governor  of  the  State  by  the  executive  of 
Virginia,  for  the  surrender  of  persons  convicted  of  stealing  a  slave 
within  the  jurisdiction  of  the  latter  State;  that  the  governor  had 
refused  to  surrender  them,  and  that  this  refusal  had  been  sustained 
by  both  branches  of  the  legislature;  and  on  this  statement,  he 
charged  New  York  with  "a  want  of  ■' common  honesty."  Sir, 
these  are  harsh  epitheis — epithets  which  should  not  have  been  ap. 
plied  to  us  without  a  full  knowledge  of  the  facts.  The  Sen.ator 
labors  under  a  great  misapprehension.  Tbe  responsibility,  which 
he  charged  on  the  State,  rests  upon  the  governor  alone.  The 
facts  are  these : 


In  1841  a  requisition  was  made  by  the  executive  of  Virginia  oa 
the  governor  of  New  York,  for  three  persons,  charged  wifh  steal- 
ing a  slave  in  the  former  State.  The  governor  refused  to  surren- 
der  them,  for  the  reason  assigned  In  the  followin"  resolution  which 
was  adopted  by  both  branches  of  the  legislature  of  New  York 
early  in  1842 : 

••  WlicrEinlhfB"c;iriotorthe.<?laU.hn.reriiMjlodeliv<;.UM.oiilheil«n.o.loflh. 
eMLUliveautl.omyol  Virsiiiia.lVu-rJolinioii,  EJwaid  Sm.lh,  .iid  I....-  IJ..,., 
illi-scd  luginvesfroinjoslitf.  chaiftd  wilh  tlie  c.imc  of  llifft,  viz:  .Italm- a  il.ve 
wilhin  'hi!  jurMdicl.on  and  .ignin.l  Ihe  law.  of  Virginia;  and  wh^rfa,  th»  'overaoi 
ha,  Mi-iifd,  8.  the  icaion  for  !.a,;h  refuial.  that  Uii-  .uahn;  of  a  ilave  v.  ill.ia  The  inh.- 
diclion  ol  and  a-aiiiat  tht-  laws  ol  Viiijinia,  is  not  a  filony  or  oth.r  crim-  wnhin  the 
meaning  of  the  second  iicction  of  the  lourtli  article  of  Oie  eon.utulion  of  the  United 
Stales: 

••  Uetiitucd,  That,  in  the  opinion  of  thu  le~iilataie,  itealing  >  Wave  wiliiin  the  io- 
iisdicUon  and  against  the  law.  of  Virginia,  iia  crtme  within  t>ie  w^umt  of  the  ><t«i<l 
seclii>n  of  Ihe  foiiith  article  ol  Ihe  conatilution  of  the  United  State* 

"  licwltcii,  TImt  the  governor  be  re(|ue.ted  to  Iranimilthe  forceoiiK;  nroamblo  and 
resolution  to  th.-  e.\ecnlive  dejianment  of  VirKinia." 

These  resolutions,  as  I  have  said,  passed  both  branches  of  tb* 
legislature.  I  am  unable  to  state  the  vote  ;  but  I  was  then  a  mem- 
ber of  tiie  assembly,  and  I  remember  that  it  passed  that  body  by  a 
very  decided  majority. 

Thus  It  seems  that  the  legislature  of  New  York,  in  both  its 
branches,  representing  the  people  of  the  State  la  a  double  eupaol- 
ty — for  the  Senate  was  at  that  time  the  high  court  for  the  correc- 
tion of  errors— the  highest  judicial  tribunal  in  the  State— disclaim- 
ed and  condemned  the  act  of  the  governor,  and  left  the  responsi. 
biliiy  to  rest  on  him  alone.  Beyond  this  it  could  not  go.  The 
act  to  be  performed  was  executive,  and  the  legislature  had  no  con- 
trol over  him  to  compel  the  performance. 

But  the  Senator  did  not  slop  here.  His  speech  was  replete  with 
reproachful  allusions  to  New  York,  too  indefinite  to  be  met  with 
a  distinct  reply  ;  and  he  concluded  by  saying  that  he  expected  no- 
thing good  from  her.  Sir,  there  have  been  periods  in  ihc  history 
of  the  country  when  she  was  neither  inactive  nor  ineflicient  In  her 
efforts  for  the  public  good.  In  1837,  when  the  whole  banking  sys- 
tcm  throughout  the  Union  exploded  ;  when  the  president  o?  the 
Bank  of  tlic  United  States  was  putting  forth  manifestoes  and  em- 
ploying the  whole  strength  of  that  institution  to  oonlloue  the  sus- 
pension of  specie  payments  ;  and  when,  I  believe  I  may  say,  most 
other  portions  of  the  Union  were  disposed  to  yield — New  York 
stood  almost  alone  in  opposing  it.  She  compelled  her  own  banks 
to  resume  the  discharge  of  their  obligations  under  the  pen.ilty  of  a 
forfeiture  of  their  charters  :  she  became  the  centre  of  all  that  was 
sound  in  commerce  and  finance  ;  and  through  the  influence  and  the 
power  of  her  example,  the  country  was  saved  from  years  of  dis- 
honor  and  pecuniary  embarrassment. 

In  1814,  when  the  whole  southern  coast  was  at  the  mercy  of  tbe 
public  enemy,  and  portions  of  it  ravaged  and  laid  waste  ;  when 
the  adminisiralion  here  was  too  weak  to  defend  ihe  capital  ;  and 
when  the  very  edifice  in  which  we  sit  was  given  to  the  flames  by 
British  vandalism,  New  York  stood  again  almost  alone  nnd  unas- 
sisted, and  carried  on  the  contest  upon  her  own  frontier  chiefly 
with  her  own  means.  She  raised  money  and  men,  and  contributed 
to  sustain  the  honor  of  our  arms  in  a  series  of  the  most  desperate 
engagements  ever  fought  on  this  continent. 

Of  her  institutions,  social  and  political,  I  need  say  nothing — 
the  monuments  .she  has  reared  to  science  and  to  the  arts,  her  great 
artificial  channels  of  intercourse,  and  above  all,  her  system  of 
common  school  education,  embracing  every  child  that  is  born  or  is 
brought  within  her  limits.  These  are  well  known  to  all  who  hear 
me  ;  and  they  say  for  her  more  than  any  words  of  mine  can 
speak. 

Less  than  a  year  ago  too  noble  spirited  bands  stood,  side  by 
side,  on  one  of  the  bloodiest  battlefields  of  Mexico.  They  were 
led  on  by  chivalrous  men,  animated  by  the  single  resolution  of  up- 
hohling  their  country's  honor  and  their  own.  They  were  the  New 
York  and  the  Palmetto  regiments.  The  blows  they  gave  fell  upon 
the  ranks  of  the  enemy  with  equal  force;  those  they  received  were 
sustained  wiili  equal  firmness.  More  than  a  third  of  these  gallant 
combataius  fell  together.  The  grass  which  has  grown  up  rich  and 
rank  upon  that  battlefield  can  tell  where  their  blood  was  poured 
out  in  common  streams.  The  noble  leader  of  the  Palmetto  regi- 
ment was  among  the  slain — borne  from  the  field  of  carnage  per- 
haps by  the  united  hands  of  those  whom  he  led,  and  those  who, 
though  coming  from  a  distant  part  of  the  Union,  fought  by  his  side 
with  the  same  devotion  as  his  own  followers.  Sir,  there  should  bo 
something  in  these  sacred  memories  to  disarm  reproach — at  least 
of  its  injustice.  Let  me  commend  ihem  to  the  calm  refleellonof 
the  Senator  from  South  Carolina,  who  has  so  deep  an  interest  m 
the  glory  and  the  grief  of  that  battlefield.  He  Is  neither  ungene- 
rous nor  unjust.  Let  me  ask  him  to  think  of  the  these  things,  and 
say  whether  some  good  may  not  come  from  New  York. 

But  I  pass  to  a  chage  more  immediately  connected  with  tbe  sub- 
ject under  discussiun — the  application  of  the  principles  of  the  ordi- 
nance of  17S7  to  the  territories  of  the  United  States.  This  charge 
concerns  the  whole  North  ;  and  I  am  ready  to  meet  it. 

In  1841)  and  1847  most  of  the  non-slavehoKling  Stales,  on  high 
considerations  of  moral  and  political  principle,  declared  thai  no 
new  territory  ought  lo  be  acquired  without  a  fundamental  provi- 
sion excluding  slavery.  These  declarations  had  an  express  and 
an  exclusive  reference  to  acquisitions  from  Mexico,  where  slaver)- 
had  long  been  abolished,  both  by  executive  and  constitutional  acts. 
They  amounted  praciically  to  declarations  ■igain-.t  the  extension 
of  slavery  to  free  territory,  and  no  more.  New  York  did  not  take 
the  load  in  these  declarations.  The  first  legislative  resolutions 
received  here  came  from  the  State  of  Vermont,  and  were  pressoc- 


960 


THE  COMPROMISE  BILL. 


I  Wednesday, 


ed  to  this  body  on  the  28lh  of  January,  1847.  The  New  York 
resolutions  were  presented  on  the  6th  February  ensuinjr  ;  those  of 
Pennsylvania  on  the  8th  ;  of  Rhode  Island  on  the  10th  ;  ol  Ohio 
on  the  ItSth  ;  of  New  Hampshire  and  New  Jersey  on  the  19th  ;  of 
Michigan  on  the  1st  of  March  ;  and  of  Massachusetts  on  the  3d — 
the  last  day  of  the  session  Connecticut  passed  resolutions  on  the 
24th  of  June  ;  hut  Congress  had  tiien  adjourned,  and  jhev  were 
presented  at  the  commencement  of  the  subsequent  session.  Dela- 
ware, a  slaveholding  State,  followed,  and  requested  her  Senators 
to  vote  for  the  exclusion  of  slavery  from  territory  thereafter  to  be 
acquired.  Hero  are  eleven  States  which  have  passed  resolutions 
on  tills  question.  It  was  a  spontaneous  movement  on  the  part  of 
the  non-slaveholding  States,  neither  led  on  by  New  York,  nor  set 
on  foot  by  her,  but  arising  out  of  indications  in  Congress  of  an  in- 
tention to  acquire  territory  from  Mexico,  and  leave  it  open  to  the 
introduction  of  slaves  ;  and  every  one  knows  they  will  be  carried 
wherever  they  are  permitted. 

On  looking  at  the  dates  of  these  several  resolutions,  I  find  New 
Hampshire,  Vermont,  Rhode  Island,  and  Pennsylvania  preceded 
New  York,  in  the  order  in  which  I  name  them,  in  acting  on  this 
subject  in  their  respective  legislatures.  Three  of  the  small  New 
England  States,  which  the  Senator  from  Virginia,  who  spoke  first 
on  this  question,  [Mr.  Mason,]  would  have  us  believe  New  York 
was  seeking  to  seduce,  and  in  the  end  to  swallow  up,  were  actu- 
ally the  pioneers  in  this  movement.  Pennsylvania  was  next  in  the 
field.  New  York  did  but  follow  and  sustain  them  in  their  decla- 
rations against  the  extension  of  slavery  to  territory  in  which  it  does 
not  exist. 

Such  is  the  history  of  this  movement,  commencing  as  far  back 
as  July,  1846,  .ilmost  coeval  with  the  war  with  Mexico,  and  ori- 
ginating in  a  charge  of  intending  to  conquer  territory  for  the  pur- 
pose of  planting  slavery  upon  it.  And  these  jmblic  declarations 
may  perhaps  be  properly  regarded  in  a  two-fold  light,  so  far  as 
motive,  on  the  part  f)f  the  legislatures,  is  concerned  :  first,  to  ex- 
onerate themselves  from  the  imputation  ;  and,  second,  to  array 
their  influence  against  such  a  design,  if  it  should  be  entertained  in 
any  quarter. 

Let  me  now  take  a  somewhat  larger  view  of  this  whole  subject 
of  northern  aggressior..  It  was  said,  I  think,  by  a  southern  mem- 
ber of  the  federal  convention,  though  it  may  have  been  in  CongrMS 
after  the  adoption  of  the  constitution,  that  no  slaveholding  State 
would  thereafter  be  admitted  into  the  Union  ;  that  there  were 
eight  States  interested  in  abolishing  slavery,  and  five  interested  in 
maintaining  it,  and  that  they  would  act  accordingly  in  voting  for 
tlie  admission  of  new  States.  This  prophecy  had  no  foundation 
in  truth.  J  he  members  of  Congress  from  the  North  have  voted 
as  Ireely  and  readily  for  the  admission  of  slaveholding  as  for  non- 
slaveholding  States  into  the  Union.  If  we  look  around  us  upon 
this  floor,  we  shall  find  all  prognostics  founded  upon  the  supposed 
prejudices  or  the  unkind  feelings  of  the  North  utterly  falsified. — 
Sir,  there  are  ten  Senators  here  representing  slaveholding  States 
formed  from  territory  acquired  since  the  constitution  was  adopted. 
How  many  are  there  representing  free  States  formed  from  new 
territory  ?  Not  a  single  one  !  But  for  a  domestic  difficulty  in 
Iowa,  it  is  true,  that  State  would  have  been  represented  here,  and 
we  should  then  have  had  two  Senators  from  Iree  States  against  ten 
from  slaveholding  States  formed  out  of  territory  purchased  by  the 
common  treasure  and  maintained  by  the  common  blood  of  the 
whole  Union.  We  have  given  up  the  territory  constituung  these 
States  to  the  South.  We  have  reserved  no  portion  of  them  to 
northern  emigration,  except  :he  misshapen  strip  of  Texas  noitn  of 
3ti^  30' ,  which,  so  far  as  extent  and  productive  value  are  concern- 
ed, is,  for  all  purposes  of  a  lair  and  equitable  division,  the  merest 
mockery.  The  area  of  these  five  States  is  equal  to  two-thirds  of 
the  entire  area  of  the  thirteen  original  States.  This  the  North  has 
(lone  for  the  maintenance  of  slavery — sir,  I  might  say  for  the  ex- 
tension of  slavery  and  the  multiplication  of  slaves  ;  for  this  vast 
surface  was  almost  uninhabited  when  it  was  acquired,  and  it  is 
now  filled  up  with  a  slaveholding  population.  There  are  more 
than  half  a  million  of  slaves  in  these  five  States,  not  one-tenth  part 
of  whom  would  have  been  there,  if  the  right  to  exclude  them  had 
been  insisted  on.  But  we  have  stood  on  the  ground  of  non-inter- 
ference. Where  wo  have  found  slavery,  we  have  left  it.  We  have 
not  countenanced  any  measure  of  abolition  or  emancipation.  On 
the  contrary,  we  have  uniformly  opposed  all  interference  with  sla- 
very in  the  States.  With  the  single  exception  of  the  Louisiana 
territory,  we  have  left  it  to  spread  itself  over  the  areas  on  which 
it  existed  only  nominally.  We  have  almost  gone,  at  the  North, 
to  the  extreme  of  mobbing  abolitionism,  when  it  contemplated  in- 
terference  with  the  question  of  slavery  in  the  States,  and  of  insti- 
tuting a  scrutiny  of  the  public  mails  to  arrest  the  circulation  of 
incendiary  publications.  And  now,  after  all  this  active  co  opera- 
tion in  the  promotion  of  the  objects  and  interes's  of  the  slavehold- 
ing States,  how  are  we  met  ?  By  charges  of  aggression,  of  hos- 
tility, and  of  violating  the  qonstitutional  compact. 

Sir,  we  stand  firmly  upon  the  compromises  of  the  constitution. 
We  have  ever  done  so.  Wo  shall  continue  to  do  so.  We  have 
gone  further.  We  have  opposed  all  interlerencc  by  Congress  with 
slavery  in  the  District  of  Columbia,  over  which  Congress  is  era- 
powered  by  the  constitution  to  "  exeicise  exclusive  legislation  in 
all  cases  whatsoever."  Beyond  this  we  cannot  go.  1  deny  that 
any  compromise  in  framing  the  constitution,  or  any  guarantee  ari- 
sing under  its  provisions,  extends,  or  was  deiigncd  to  extend, 
lo  the  regulation  of  slavery  in  the  territories.  What  were 
the  compromises  of  the  constitution  ?  They  were  three  :  1.  That 
the  small  States  should  be  equally  reprotentcd  in  the  Senate  with 


the  large  States.  2.  That  the  slave  population  in  the  States 
should  constitute  a  part  of  the  basis  of  representation  ir.  Congresf . 
3.  That  the  importation  of  slaves  into  the  States  then  existing 
should  not  be  prohibited  prior  to  1808.  These  were  the  three  great 
compromises  on  which  the  adoption  of  the  constitution  may  be 
considered  as  having  turned.  In  settling  them,  some  reference 
was  naturally  had  to  the  distribution  and  regulation  of  the  powers 
vested  in  the  federal  government  and  reserved  to  the  States  and 
the  people  respectively. 

Now,  sir,  what  was  the  security  sought  for  by  the  South  in  the 
adoption  of  these  compromises?  Was  is  that  Congress  should 
impose  no  restriction  on  the  extension  of  slavery  to  the  territories? 
No,  sir.  That  power  I  have  no  doubt  was  left,  so  lar  as  it  was 
contemplaied  at  all,  to  be  exercised  by  Congress,  according  to  its 
own  views  of  humanity  and  justice.  I  humbly  think  this  construc- 
tion sustained  by  what  I  said  on  a  former  occasion.  It  is  shown 
also  by  the  deed  of  the  cession  by  North  Carolina  of  western  ter- 
ritory now  constituting  the  State  of  Tennessee,  in  which  it  was 
provided,  "that  no  regulations  made,  or  to  be  mad"",  by  Congress 
shall  tend  to  emancipate  slaves" — a  prohibition  implying  a  right 
to  regulate,  restrict,  and  exclude  them. 

The  Senator  from  Florida,  [Mr.  Westcott,]  read  to  the  Sen- 
ate yesterday  the/ac  simile  of  an  original  paper  found  amona  the 
manuscripis  of  Mr.  Monroe,  and  in  his  handwriting,  by  which  it 
appears,  th.Tt  when  the  Missouri  compromise  act,  as  it  is  called, 
was  jiassed,  he  took  the  opinions  of  the  members  of  his  cabinet,  in 
writing,  in  respect  to  the  constitutionality  of  that  act.  The  Sen- 
ator from  South  Carolina,  [Mr.  Calhoun,]  was  one  of  the  cabi- 
net; and  as  I  took,  and  endeavored  to  sustain,  on  a  late  occasion, 
the  position  that  Congress  possesses  the  right  lo  prohibit  slavery 
in  the  territories  of  the  United  States,  I  am  naturally  desirous  of 
fortifying  it  wilh  all  the  authority  I  can  command;  and  I  shall  be 
particularly  gratified,  if  it  shall  be  found  that  the  distinguished 
Senator  alluded  to,  though  now  denying  the  right,  was  then  in  fa- 
vor of  it.  I  will  read  to  the  Senate  all  of  this  paper  which  relates 
to  the  subject : 

(From  Mr.  Monroe's  manuscripts.) — A  paper  endorsed  "Inter- 
rogatories, Missouri — March  4,  182U.  To  the  Heads  of  Depart- 
ments and  Attorney  General." 

Questions,  (on  opposite  page  :) 

"Has  Congress  a  right,  under  the  powers  vested  in  it  by  tli(?  consitiition,  to  make  a 
regulation  proliibiling  slavery  in  a  Icrrilory  ? 

"Ii  tlie  eight  section  oTtlie  act  which  jiassed  both  Ilonses  on  tlie  3d  instand,  for  the 
aflmibsion  of  MisJ^ouri  into  the  Union,  consistent  with  the  constitution  ?" 

With  the  above  is  the  original  draft  of  the  following  letter,  in 
President  Monroe's  handwriting,  on  half  a  sheet  of  paper,  but  not 
endorsed  or  addressed  to  any  one.  There  are  interlineations,  but 
the  text,  as  left  by  the  writer,  is  as  follows  : 

"Dear  Sir  :  The  question  which  lately  agitated  Congress  and  tlie  public  has  been 
settled,  as  you  hare  seen,  by  the  passage  of  an  act  lor  the  admission  of  Missouri  as  a 
Statu,  unrestrained,  and  Arkansas  bkewise.  when  it  reaches  maturity,  and  the  estab- 
hsmeiit  of  the  36*^  30'  north  latitude  as  a  line,  north  of  ^vhich  slavery  is  prohibited, 
and  permitted  to  the  south.  1  took  the  opinion,  in  writing,  of  the  adminstration  as  to 
tlie  constitutionality  of  restraining  territories,  [and  the  vote  of  every  member  tnat 
vnatiimous  aH(i*J  wjiich  wae  explicit  in  favorof  It,  and  as  it  was  that  the  8th  section 
of  the  act  was  applicable  to  territories  only,  and  not  to  Stales  w  hen  they  should  be  ad- 
mitted into  the  Union.  On  this  latter  point  I  had  at  first  some  doubt ;  but  the  opin- 
ion of  others,  whose  opinions  were  entitled  to  weight  with  me.  supported  by  the  sense 
in  which  it  was  viewed  by  all  who  voted  on  the  subject  in  Congress,  ai  will  appear 
by  the  journals,  satisfied  me  respecting  it." 

This  letter  has  been  supposed  to  have  been  written  to  General 
Jackson,  ihjugli  there  is  no  evidence  of  it. 

Mr.  FOOTE. — Were  these  interrogatories  sent  ?  or  was  it 
merely  a  statement  for  his  own  private  convenience  ? 

Mr.  DIX. — It  is  impossible  to  say,  except  so  far  as  the  paper 
may  be  considered  as  indicating  the  use  made  of  thein.  I  state 
the  facts  as  they  have  been  related  to  me.  The  pa])cr  was  found 
among  Mr.  Monroe's  manuscripts,  and  is  in  his  hand  wrilng.  It 
was  read  to  the  Senate  yesterday  by  the  Senator  from  Florida, 
[Mr.  Westcott,]  for  another  purjiose,  and  the  evidence  of  its 
authenlicity  I  understand  to  be  in  his  possession. 

Mr.  CALHOUN.— If  the  Senator  will  give  way,  it  will  be  per- 
haps better  that  I  make  a  statement  at  once  respecting  this  sub 
jcct,  as  far  as  my  recollection  will  serve  me.  During  the  whole 
period  of  Mr.  Monroe's  administration,  I  remember  no  occasion 
on  which  the  members  of  his  administration  gave  written  opin- 
ions. I  have  an  impression — though  not  a  very  distinct  one — that 
on  one  occasion  they  were  required  to  give  written  opii.ions  ;  but 
for  some  reason,  not  now  recollected,  the  request  was  not  carried 
into  efieet.  He  was  decidedly  opposed  to  the  imposition  of  any 
restriction  on  the  admission  of  Missouri  into  the  Union,  and  I  am 
strongly  of  the  impression  that  he  was  ojiposed  in  feeling  to  what 
was  called  the  Missouri  compromise. 

Mr.  JOHNSON,  of  Maryland. — Is  this  the  original  letter? 

Mr.  DIX. — I  understand  it  to  be  a  fac-siinile  oi  the  original. 
As  a  long  period  (nearly  thirty  years)  has  elapsed  since  the  act 
to  admit  Missouri  into  the  Union  was  passed,  it  is  quite  natural 
that  the  Senator  from  South  Carolina  shouhl  have  hirgotlcn  the 
circumstances  attending  the  discussion  of  it  in  ilie  Cabinet.  Hav- 
ing heard,  some  days  ago,  of  the  existence  of  such  a  paper,  and 
being  very  desirous  of  ascertaining  the  facts,  I  wrote  to  Mr.  C. 
F.  Adams,  of  Boston,  n  son  of  the  late  ex-President,  inquiring  of 
him  if  Ilia  father's  diary  contained  anything  on  the  subject.     In  re- 

^  Tht)  words  in  italics  ai's  tiraied  in  th«  oii^inal  draft. 


July  26.] 


THE  COMPROMISE  BILL. 


961 


ply  to  my  inquiry,  I  received  an  extract  from  the  diary  of  the  fa- 
ther, certified  by  the  son,  which  I  will  now  read,  and   which  con- 
firms fully  the  statement  contained  in  Mr.  Monroe's  letter  : 
Extracts  from   the  diary  of  J.   Q.  .3dams. 

"MiRrn  3,  1820.— When  I  csme  this  day  lo  my  office,  I  found  Iheio  a  nolo  re 
qnesting  me  lo  call  at  one  o'clock  at  the  President's  house.  It  was  tlien  one,  and  1 
immediately  wenlover.  He  expected  that  the  two  hillt,  Ibi  Uie  admission  of'Maine 
and  to  enable  Missouri  to  make  a  constitution,  wautd  have  been  brought  to  him  tor 
bia  signature;  and  he  had  sunimoned  all  the  members  of  the  adminiilralion  to  ask 
their  Oj'inions  in  writing,  lo  be  deposited  in  the  Department  of  State,  upon  two  ques- 
tions :  1,  Whether  Congress  had  a  constitutional  right  to  prohibit  slavery  in  a  territo- 
ry ?  and  2,  Whether  the  dth  section  of  the  Missouri  bill  fwjiich  interdicts  slav£ry 
ftrrever  in  the  territory  north  of  36  and  a  half  latitude}  was  applicable  only  to  the 
territorial  stale,  or  would  extend  to  it  after  it  should  become  a  State  1  As  to  the  first 
question,  it  was  unanimously  agreed  that  Congress  have  the  power  to  prohibit  slavery 
in  Ihe  leiritories." 

This  is  the  first  extract  ;  and  before  I  pi-ooeed  to  to  the  others, 
I  will  state  that ,  in  respect  to  the  second  question,  there  was  a  di- 
versity of  opinion — Mr.  Adams  contending  that  a  State  would  be 
bound  by  such  a  prohibition  after  Us  admission  into  the  Union,  and 
the  other  members  of  the  cabinet,  that  it  was  only  operative  durj 
in^  the  territorial  term.  In  order  to  secure  unanimity  in  the  an- 
•wers,  the  second  question  was  modified,  as  will  appear  by  the  re- 
maining extracts  which  I  proceed  to  give  : 

"  Match  5. — The  President  sent  me  yesterday  the  two  questions  in  writing  upon 
which  he  desired  to  have  aaswers  in  writing,  to  be  deposited  in  the  Deiiartmeutof 
State.  He  wrote  me  that  it  would  be  in  time,  if  he  should  have  the  answers  to  nior 
row.  Tile  first  question  is  in  general  terms,  as  it  was  staled  at  the  meeting  on  Friday. 
The  second  was  modilied  to  an  inquiry  whether  the  fcth  section  of  the  Missouri  bill  is 
consisreiit  with  the  constitution.  To  this  X  can,  without  hesitation,  answer  by  a  sim- 
ple affirmative,  and  so,  after  some  lil  lie  relleclion,  I  con  eluded  to  answer  both.     *     * 

" -March  11.  *  ^  *  I  took  to  the  President's  iny  answers  to  his  two  const  itu- 
lional  questions,  and  he  desired  me  to  have  them  depoeited  iii  the  depariraent.  together 
with  those  of  the  other  members  of  the  admiuislralion.  Tliey  diftered  only  as  they 
assigned  their  reason  fur  thinking  the  6th  section  of  Ihe  Missouri  bill  consistent  with 
tlie  couslilution,  because  they  considered  it  as  only  applying  to  the  territorial  term  : — 
and  1  barely  gave  my  opinion,  without  assigning  ibr  it  any  e.xplanatory  reason.  The 
Piesideut  signed  the  Missouri  bill  this  morning." 

These  extracts  are  certified  to  be  "a  true  copy  from  the  origi- 
nal by  me, 

"Charles  Francis  Adam«." 

Mr.  CALHOUN. — Has  any  search  been  made  in  the  State  De- 
partment for  these  written  opinions  i 

Mr.  DJX. — The  State  Department  has  been  examined — how 
thoroughly  I  do  not  know — but  they  have  not  been  found. 

Mr.  WESTCOTT. — I  made  an  examination,  as  I  stated  yes- 
terday, myself,  but  could  find  none.  This  letter  is  in  Mr.  Mon- 
roe's handwritins,  and  from  its  tenor  is  supposed  to  have  been  in- 
tended to  be  addressed  to  General  Jackson.  I  understand  that 
upon  examination  of  General  Jackson's  papers,  a  letter  was  found 
from  Mr.  Monroe,  containinj;  everything  which  is  contained  in 
this  draught,  except  that  part  which  relates  to  the  action  of  the 
cabinet.  The  letter  was  also  dated  the  same  day.  I  presume, 
therefore,  that  upon  writing  the  letter  to  General  Jackson,  ulti- 
mately, unless  it  was  intended  tor  some  one  else,  Mr.  Monroe  left  out 
that  portion  relating  to  the  action  of  the  cabinet  in  relation  to 
the  "Missouri  compromise." 

Mr.  DIX — I  have  examined  the  letter  referred  to,  as  addressed 
to  General  Jackson,  and  find  that  it  was  written  in  1S2I,  while 
the  paper  containing  the  interrogatories  was  dated  the  4th  of 
March,  1820;  and  the  former  has  only  two  of  the  last  paragraphs 
of  the  letter  before  us;  all  the  rest  being  difl'erent. 

Mr.  CALHOUN. — If  any  written  opinion  was  ever  given  by 
me,  it  has  entirely  escaped  my  memory;  and  I  feel  satisfied,  if 
ever  given,  it  was  very  little  more  than  an  assent  or  dissent  to  the 
course  adopted  by  the  administration.  Mr.  Adams  had  the  ad- 
vantage of  keeping  a  diary,  which  no  doubt  may  be  relied  upon,  as 
far  as  be  is  individually  co'ncerned;  but  which,  of  course,  is  liable 
to  mistakes,  as  far  as  it  represents  the  views  and  acts  of  others. 
In  this  case  there  may  be  some  explanation,  if  all  the  facts  were 
kai'wn,  which  would  reconcile  his  statement  with  iny  recollection. 
But  of  one  thi.  g  I  feel  perfectly  sure,  that  I  could  never  have  di- 
rected my  attention  and  formed  an  opinion  on  so  important  a  sub- 
ject, as  a  member  of  his  cabinet,  and  reduced  it  to  writing,  for  the 
purpose  of  being  preserved,  without  recollecting  it. 

Mr.  JOHNSON,  of  Maryland,  was  understood  to  say,  that  on 
examining  the  letter,  he  did  not  think  it  sustained  the  fact  the  Sen- 
ator from  New  York  was  endeavoring  to  prove.  He  observed  that 
Mr.  Monroe  had  first  stated  that  the  opinion  of  the  administration 
was  unanimous,  and  that  he  had  erased  the  word  unanimous,  and 
substituted  the  word  explicit,  which  had  quite  a  different  meaning. 

Mr.  CALHOUN. — I  feel  justified  in  saying,  from  all  the  cir- 
cumstances of  this  case,  including  the  facts  stated  by  the  Senator 
from  Maryland,  and  the  absence  of  any  written  opinion  on  the  file 
of  the  State  Department,  that  notwithstanding  the  certificate  from 
Mr.  Adam's  diary,  no  such  opinions  were  given  as  it  states.  There 
is  some  mistake  about  it,  but  how  it  originated  I  am  at  a  loss  to 
conceive.  Perhaps  it  may  be  explained  by  the  vague  impression, 
as  I  have  stated,  on  my  mind,  that  the  opinions  were  called  for, 
but  never  formally  given  in  writing,  at  least  not  beyond  a  mere 
assent  or  dissent  as  to  the  course  ultimately  adopted.  I  know  well 
all  about  the  compromise;  the  cause  which  led  to  it,  and  the  rea- 
son why,  that  the  northern  men  who  voted  against  it  were  univer- 
sally sacrificed  for  so  doing.  It  is  quite  a  mistake,  as  some  sup- 
pose, that  they  were  sacrified  for  voting  for  the  compromise.  The 
Ytry  reverse  is  the  case.    The  cause  I  will  proceed  to  state;  Dui> 


ipg  the  session  of  the  compromise,  Mr.  Lowndes  and  nayself  re- 
sided together.  He  was  a  member  of  the  House  of  Representa- 
tives, and  I  was  Secretary  of  War.  Wo  both  felt  the  magnituHe 
of  the  subject.  Missouri,  at  the  preceding  session,  had  presented 
herself  for  admission  as  a  member  of  the  Union.  She  had  formed 
a  constitution  and  government,  in  accordance  with  an  act  of  Con- 
gress. Her  admission  was  refused  on  the  ground  that  her  consti- 
tution admitted  of  slavery;  and  she  was  remanded  back  to  have 
the  objectionable  provision  expunged.  She  rclusej  to  comply 
with  the  requisition,  and  at  the  next  session  again  knocked  at  the 
door  of  Congress  for  admission,  with  her  constitution  as  it  origi- 
nally stood.  This  gave  rise  to  one  of  the  most  agitating  discus- 
sions that  ever  occurred  in  Congress.  The  subject  was  one  of  re- 
peated conversation  between  Mr.  Lowndes  and  myself.  The 
question  was,  what  was  to  be  dune,  and  what  would  be  the  con- 
sequence if  she  was  not  admitted  ?  After  full  reflection,  we  both 
agreed  that  Missouri  was  a  State  made  so  by  a  regular  process  of 
law,  and  never  could  be  remanded  back  lo  the  territorial  condition. 
Such  being  the  case,  we  also  agreed  that  the  only  question  was, 
whether  she  should  be  a  Stale  in  or  out  of  the  Union  ?  and  it  was 
for  Congress  to  decide  which  position  she  should  occupy.  My 
friend  made  one  of  his  able  and  lucid  speeches  on  the  occa»ioD;  but 
whether  it  has  been  preserved  or  not,  I  am  not  able  to  say.  It 
carried  conviction  to  the  minds  of  all,  and  in  fact  settled  the  qnes- 
tion.  The  question  was  narrowed  iJown  to  a  single  point.  All 
saw  that  if  Missouri  was  not  admitted,  she  would  remain  an  inde- 
pendent State  on  the  west  bank  of  the  Mississippi,  and  would  be- 
come the  nucleus  of  .a  new  confederation  of  Slates  extending  over 
the  whole  of  Louisiana.  None  were  willing  to  contribute  to  such 
a  result;  and  the  only  question  that  remained  with  the  northern 
members  who  had  oppcsed  her  admission  was,  to  devise  tome 
means  of  escaping  from  the  awkward  dilemma  in  which  they  found 
themselves.  To  back  out  or  compromise,  were  Ihe  only  alterna- 
tives left;  and  the  latter  was  eagerly  seized  to  avoid  the  disgrace 
of  the  former  -  so  eagerly,  that  all  who  opposed  it  at  the  ^orth 
were  considered  traitors  to  that  section  of  the  Union,  and  sacrificed 
for  their  voles. 

Mr.  FOOTE. — The  gentleman  referred  to,  and  from  whose 
journal  an  extract  had  been  read,  as  is  well  known,  has  been  al> 
ways  regarded  as  a  most  violent  partisan  of  the  pecoliar  views 
he  held  in  relation  to  this  subject.  1  beg  leave  most  respectfully 
to  inquire  of  the  honorable  Senator  from  New  York,  whether  tbi* 
slatement  or  extract  read  has  been  sworn  to  or  not  ? 

Mr  DIX. — The  statement  was,  as  I  have  said,  taken  from  the 
diary  of  Mr.  Adams,  certified,  but  not  sworn  to,  by  his  son,  a  gen- 
tleman of  the  highest  respectability. 

I  do  not  intend  to  enter  into  any  discussion  concerning  the  Mis- 
souri compromise,  or  the  testimony  I  have  presented.  I  leave  it 
to  speak  for  itself,  and  to  others  to  say  how  far  it  shall  be  consid- 
ered to  outweigh  the  recollections  of  tUe  Senator  from  tjouth  Car> 
olina.  I  will  only  add,  that  there  is  the  strongest  possible  coinci- 
dence between  Mr.  Monroe's  letter  and  Mr.  Adam's  diary  in  all 
the  important  facts.  Both  state  the  questions  to  have  been  "  in 
writing;"  both  show  that  they  were  submitted  in  the  shape  in 
which  they  were  to  be  answered,  on  the  4th  of  March,  1820.  The 
identity  of  the  questions  is  another  striking  coincidence.  The  only 
material  variation  is  that  suggested  by  the  Senator  from  Mary- 
land. Mr.  Adams  states,  that  the  opinion  ol  the  members  of  the 
cabinet  was  "unanimous"  in  favor  of  ihe  powei  of  Congress  to 
prohibit  slavery  in  the  territories  of  the  United  States.  Mr.  Mon- 
roe wrote  "  unanimous"  in  the  first  instance,  and  then  substituted 
"  explicit" — an  alteration  he  might  very  naturally  have  made,  oa 
reflection,  in  writing  to  afriend,  in  order  to  avoid  giving  a  clue  to 
the  opinions  of  individual  members  of  his  administration.  The  an- 
swers were  very  brief,  as  Mr.  Adams  shows;  but  from  the  man- 
ner in  which  the  questions  were  drawn,  the  answers,  whether  af- 
firmative or  negative,  must  either  have  eisserted  or  denied  the  con- 
stitutional power  of  Congress  to  prohibit  slavery  in  the  territories. 
But  all  this  I  am  willing  to  submit  to  the  candid  judgment  of 
others. 

Let  me  now  cite  a  few  of  the  remarks  made  in  the  federal  con- 
vention on  the  subject  of  slavery  and  slave  representation.  On  the 
12th  of  July,  Mr.  Randolph,  of  Virginia,  said  : 

"  Thai  express  security  ought  to  be  provided  for  including  slaves  in  the  ratio  ofrep- 
resenlalion.  He  lamented  Uial  such  a  species  of  property  existed  ;  but  as  it  did  ©list, 
the  holders  of  it  would  require  ilii->  security.  It  was  jH-rceived  that  the  dc*i£n  waa  en 
tertaiued  by  some  of  excluding  slaves  altogether ;  the  legislature,  therelore,  ought  not 
to  be  left  at  libeity." 

In  the  convention  of  Virginia,  by  which  the  constitution  was  ra- 
tified. Governor  Randolph  entered  into  an  elaborate  argument  to 
show  that  Congress  had  no  right  to  abolish  slavery  in  tne  States. 
It  was  feared  that  under  the  power  of  prohibiting  the  slave  trade, 
or  under  the  power  to  regulate  commerce,  or  under  some  implied 
power,  slavery  within  the  limits  of  the  Stales  might  be  interlered 
with  by  Congress. 

On  the  13th  of  July,  Mr.  Butler,  of  South  Carolina  said  .- 

"  The  security  the  southern  States  want  is,  that  their  negroes  may  not  b«  taken 
frorn  thcrn,  which  some  gentlemen  within  or  withoal  doors  have  a  vary  (ood  mind  to 

This  was  the  tenor  of  the  discussions  in  the  State  conventions 
by  which  the  constitution  was  ratified.  They  looked  to  security 
from  abolition  or  emancipation  by  Congress  within  their  own  iim. 
its.  Extension  of  slavery  beyond  their  limits  was  hardly  thought 
of:  and  I  have  no  hesitation  in  saying,  from  the  tone  of  the  de- 
bates, that  if  it  had  been  fully  discussedj  it  would  have  beeato 
brand  it  with  general  disapprobation. 


962 


THE  COMPROMISE  BILL. 


[Wednesday, 


On  the  22(1  of  Au^nst,  a  very  ui'I  and  interesilnj  debate  arose 
in  the  federal  convention  on  tbe  question  of  prohibiting  the  impor- 
tation of  slaves.  The  only  objects  contended  for  in  any  quarter 
were  the  right  to  import  iheni,  and  an  exemption  of  the  States 
from  all  interference  with  slavery  within  their  own  limits  on  tho 
part  of  the  federal  jroverninent.  It  was  {lenerally  conceded  ex- 
cept by  the  extreme  South,  that  slavery  wcmld  ultimately  be  abol- 
ished. Am)  yet  the  slnve  population  has  <;one  on  si eadily  increas- 
ing, from  euO.OOCi  to  3,000.000  of  souls  ;  and  now  we  are  encased 
in  a  strufjfrle  to  enlar<;e  the  area  of  slavery,  or  to  prevent  its  ex. 
elusion  from  territory  in  which  it  does  not  exist. 

Mr.  CALHOUN.— I  must  beg  the  Senator  from  New  York  to 
state  me  more  correctly.  We  are  not  contending  for  the  extension 
of  the  nreaol  slavery  ;  and  if  he  places  us  upon  ihu'  ground,  he 
places  us  in  a  very  false  position.  What  we  do  contend  for  is, 
that  the  s.  uthern  States,  as  members  of  our  Union,  are  entitled  to 
equal  rishts  and  equal  dignity,  in  every  respect,  wiih  the  north- 
ern ;  and  that  there  i.s  noihinn  in  the  constituiion  to  deprive  us  of 
this  equality  in  consequence  of  being  slaveholders, 

Mr.  DIX. — The  Senator  contends  for  the  right  of  carrying  slavej 
into  the  territories.  I  understand  thi.s  to  be  an  extension  of  sla- 
very, and,  v^'ith  all  deference  to  him,  I  can  call  it  by  no  other 
name. 

In  connection  with  this  subject,  we  are  asked  by  the  Senator 
from  Virginia,  whether  any  one  believes  that  State  would  ever 
have  come  into  the  Union  if  the  right  to  exclude  slaves  from  the 
territories  had  been  insisted  on?  I  answer,  yes.  And  on  the 
•trength  of  the  known  opinions  of  her  delegates  in  the  conven- 
tion. 

Mr.  Madison  would  not  consent  "to  admit  in  the  constitution 
the  idea  that  tliere  c^uld  be  property  in  men."  He  was  unwilling 
to  postpone  the  prohibiiion  of  the  slave  trade  twenty  years.  "So 
long  a  term,"  he  added.  '  will  be  more  dishonorable  to  the  Amer- 
ican character  than  to  say  iiolhing  about  it  in  the  constitution." 
His  language  and  his  action  then,  and  on  all  occasions,  were  in 
favor  ol  the  resiiiotion  of  slaverv,  and  not  in  faver  of  its  exten- 
sion. The  opinion  of  General  Washiuglrn,  the  president  of  the 
convention,  on  the  subject  of  slavery,  is  well  known.  I  have  al. 
ready  releired  to  ilie  opinion  of  Mr.  Randolph.  Colonel  Mason 
Vas  stili  more  decided  and  explicit.  His  language  may  be  quoted 
now  with  the  more  etl'eci,  when  tlioso  who  havo  come  after  him 
dilTer  with  him  so  widely  in  opinion  : 

•■  This  infernal  trafEu  originated  in  !lie  avatici?  of  British  me'chan'i.  The  British 
government  con>tantIy  cheulted  the  Htteiripts  of  Vir^ini't  to  pat  a  slop  to  it.  Tliepre- 
lent  tinestion  concerns  not  the  importing  Stares  ■..'.one.  bat  the  wlioit?  Union.  The 
evil  ot' hanng  slaves  was  experienied  during  tiie  lais  war.  Had  siaves  bepntrealed 
B3  they  in'ghi  have  bet  n  by  the  enemy,  ihpy  wonfd  have  pioved  dan^epous  instru- 
ments  in  tlieir  linnds  ;  bn:  tiieir  folly  dt-ail  by  the  slaveti  as  ii  iljd  by  the  Totie-i  •  ' 
Maryland  and  Viritinia  (he  said)  had  aheady  jitoli.bited  liie  importation  of  slaves  ex- 

firessly  ;  North  Caitrlma  had  done  the  ^anie  in  snl  tan-^e.  All  this  wonJd  be  in  vain 
f  Snuili  Carolina  anri  Gi  orgia  be  al  liberty  toimpti-r.  The  western  people  are  already 
tallinooiit  for  jlavef  for  iheir  new  lands,  and  U'ilj  lill  that  tountry  with  ^Iaves.  II  they 
can  b_-  got  tiirough  ?oath  Carohna  and  Georgia,  tjlavoiydiscou  8g-'»  ait.=  and  manu- 
faclwres.  The  poor  tiespiie  labor,  when  performed  by  stave*  ;  lliey  prevent  the  emi- 
gration of  whites,  who  really  er.rich  and  strengthen  a  country  *  *  *  As 
to  the  States  beine  iu  possession  of  the  tight  to  import,  this  was  the  esse  wi'h  many 
other  riglitinow  to  be  properly  given  np.  He  held  tt  ts,entinl,  in  every  jtoint  of  view, 
that  the  general  government  »hou!d  have  power  to  prevent  the  increase  of  slavery." 

1  0  this  deciaraiion  in  the  federal  convention  I  might  add,  that  in 
the  convention  of  Virginia,  he  alleged,  as  one  of  the  objections  to 
the  constitution,  that  it  continued  the  slave  trade  for  iwenty-two 
years. 

The  Senator  from  Virginia  wears,  with  equal  dignity  and  grace, 
the  name  of  the  illustrious  statesman  I  have  quoted.  It  is  quite 
probable  that  there  is  a  closer  bond  of  connection  between  them. 
But  how  ditlerent  is  their  language,  and  the  causes  they  have  es- 
poused, at  the  distance  of  more  than  half  a  cenluiy  from  each 
other!  The  (latriol  ol  ihe  Revolution  denounced  the  firilish  gov. 
©rnment  for  forcing  slaves  upon  Virginia  against  her  remon- 
strances. The  Senator  from  that  State  is  contending  here,  in  her 
name,  for  the  right  to  carry  slaves  into  Oregon,  againstnhe  wishes 
and  prohibinons  of  I  lie  inhabitants. 

Hut  to  lettiin  IrijTi  this  digression.  The  four  distinguished  indi- 
viduals I  have  naoiid  constituted  a  majiiriiy  of  the  delegation  from 
Virginia,  and  1  beiieve  I  am  authorized,  from  their  avow- 
ed "opinions,  to  say,  that  if  tliere  had  been  a  positive  pro- 
vision in  the  constitution  authorizing  Congress  to  prohibit  the 
introduction  of  slavetinto  territories  ihereal'ier  to  be  acquired, 
it  would  not  only  not  have  been  deemed  an  impediment  to  the 
the  accession  of  Virginia  to  the  Union,  but  that  it  would  have  met 
their  decided  approbation.  But  in  this  case,  as  in  many  others, 
tbe  frainirs  ol  the  constitution  fell  far  short  of  the  realiiy.  when 
they  looked  forward  to  the  luiure  progress  of  the  country  The 
period  in  which  they  lived  was  enveloped  in  uncertainly  a  d  doubt 
— and  it  was  only  reserved  to  a  few  of  the  more  san;;uine  to  ob- 
tain some  partial  glimpses  of  the  prosperity  and  lame  to  which 
their  country  was  destined.  It  wtis  the  very  limiied  forehnowl. 
ed"e  of  her  growth  and  extension,  which  left  so  many  of  the  exi- 
gencies we  have  met  unprovided  lor  by  direct  and  positive  regula- 
tion. 

Mr.  President,  it  was  chiefly  in  the  school  of  Virginia  that  the 
little  knowledge  I  possess  of  the  theory  of  our  institutions,  and  of 
the  principles  of  poutical  liberty  anil  jesiiec,  was  acquired.  I 
have  been  accustomed  to  regard  Mr.  Jellerson  as  a  siandaid,  to 
which  we  might  sulely  refer  "or  Ihe  seiilemsnt  of  most  questions 
of  political  power  and  duly  :  and  it  is  with  something  mute  ban 
ordinary  pain  and  regret  that  I  havo  seen  his  priaciples  attsailed; 
{ind  his  acts  repudiated  and  condemned. 


I  was  not  a  little  surprised,  too,  to  hear  the  Senator  from  Vir- 
ginia rest  the  legal  justification  of  slavery  upon  the  right  of  con- 
quest, and  its  introduction  into  that  State  durins  her  colonial  de- 
pendence on  the  common  \a.w  of  England.  I  had  supposed  that 
Blackstone  had  furnished  sufficient  evidence  of  the  mistaken  pre- 
tensions which  had  been  set  up  on  both  these  foundations  to  sup- 
port the  fabric  of  slavery  in  the  American  colon  es  and  their  suc- 
cessors, the  States.  I  hold  in  my  hand  a  volume  r,i  the  English 
commentator,  edited  by  St.  George  Tucker,  who  was  a  prolessor 
of  law  in  the  University  of  William  and  Mary,  and  one  ol  tlic  jud- 
ges of  the  general  court  of  Viroinia.  To  this  volume  is  appcntled 
an  article  or  trac^f  written  by  htm.  ''on  the  state  of  slavery  in  Vir- 
ginia." Sir,  it  is  in  this  edition  of  the  writings  of  ti  e  grcnt  Eng- 
lish commentator  that  many  of  us  of  the  North  have  studied  ins 
principles  of  English  law,  and  from  the  tracts,  which  are  ap- 
pended to  the  several  volumes,  that  we  have  learned  to  consider 
Virginia  as  the  great  enemy  of  slavery  extension.  I  propose  to 
read  a  few  extracts  from  this  volume,  to  show  how  widely  differ- 
ent are  the  grounds  now  assumed  and  those  on  which  ihe  young 
men  of  Virginia  and  of  the  country  generally,  were  instrueled, 
half  a  century  ago,  in  the  principles  of  political  liberty  and  jus- 
tice. 

And,  fi. St,  as  to  the  origin  of  slavery.  Judge  Tucker  quotes 
largely  from  Blackstone,  denying  that  slaveiy  rests  either  upon 
the  law  of  nations,  by  which,  according  to  Justinian,  "one  man  is 
made  subject  to  another  contrary  to  nature,"  or  upon  captimy  or 
conquest,  or  upon  the  civil  law,  by  which  a  man  may  suffer  him- 
self to  be  sold  "lor  the  sake  cf  sharing  the  price  giveii  for  him." — 
He  then  proceeds  : 

"  Thus,  by  the  most  clear,  manly,  antl  convincing  reasoning,  (Joes  this  excellent  an- 
ther refute  every  claim  upon  which  the  practice  ot  slavery  is  lounded,  or  by  which  it 
has  been  supposed  to  bejnstified.  al  least  in  modern  times.  But  were  we  even  to  ad- 
rait,  tiiat  a  captive  taken  in  a  ju^t  war  might  by  his  conqneior  be  reduced  to  a  state 
of  sli'very.  this  could  not  justify  the  claim  of  Euiopeans  to  rerloce  the  natives  of  Af- 
rica to  that  state-  It  is  a  melancholy,  though  weilhnown  fact,  that  in  order  to  lur- 
nish  supplies  of  those  unhappy  people  for  the  purposes  of  the  slave  trad- ,  the  IJuro- 
peans  have  constantly,  by  the  most  insidious  {I  hail  almrst  said  internal)  arts,  fo- 
meated  a  kind  of  perpetual  warfare  among  the  ignorant  and  miserable  [leopie  of  Af- 
rica ;  and  innances  have  not  been  wanting  where,  by  the  most  shameful  breach  of 
taith,  they  have  trepanned  and  made  slaves  of  the  sellers  as  well  as  the  sold.  That 
such  horrid  practices  have  been  sanctioned  by  civilized  naiions  ;  that  a  nation  ardent 
in  the  cause  of  liberty,  and  enjoying  its  blessings  in  the  fullest  extent,  can  continue 
to  vindicate  a  right  eitablished  upon  such  a  foundation  ;  that  a  people  who  have  de- 
clareil.  '  that  all  men  are  by  nature  equally  fiee  and  independent,'*  and  liave  made 
this  declaration  the  tirst  article  in  the  lormation  of  their  government,  should,  in  defi- 
ance of  so  sacred  a  truth,  recognized  by  tliem-clves  in  so  solemn  a  manner,  and  on  so 
Imponant  an  occasion.  tol.-iate  a  practice  incompatible  therewith, ^is  such  an  evi 
denceof  the  weakness  and  inconsistency  of  liuman  naluie.  as  every  man  who  hath  a 
8(iHrl(  of  tialriotic  Are  in  his  bosom,  must  wish  to  see  removed  fiotii  his  own  country. 
If  ever  thete  wasa  cause,  if  ever  an  occasion,  tn  which  all  hearts  should  be  united, 
every  nerve  strained,  and  every  power  exerted,  surely  the  restoiation  ol  human  nature 
to  Its  inalienable  right,  is  such.  Whatever  obstacles,  therelbie.  may  hitherto  iiave 
leiard.-il  the  atTera;it.  he  that  can  appreciate  the  honor  and  happiness  of  bis  country 
will  think  It  time  that  we  should  attempt  to  surmount  them." 

Such,  according  to  Judge  Tucker,  is  the  foundation  on  which 
slaver)  in  Viigiiiia  and  in  the  other  States  rests — not  on  coiiijuest, 
not  on  any  light  derived  from  legitimate  warfare,  but  on  violence 
and  treachery.  I  do  not  ci:e  this  authority  to  create  prejudice  of 
any  sort.  My  only  purpose  is  to  meet  arguments  on  the  other 
s.de. 

The  common  law  of  England  utterly  repudiated  slavery.  To 
use  the  language  of  one  of  her  great  commentators,  "  the  law  of 
England  abhors,  and  will  not  endure  the  existence  of,  slavery 
within  this  nation."  In  the  colonies  it  was  introduced  by  virtue 
of  the  prerogative  of  the  crown,  as  the  fountain  of  chartered  rights, 
and  as  the  at  biter  of  commerce.  Nothing,  I  believe,  is  better  set- 
tled in  English  law  than  this.  Slavery  was  at  one  time,  it  is  true, 
regulated  by  act  of  Parliament,  rather  by  recognizing  the  laws  of 
the  colonies  than  by  original  legislation  ;  but  the  common  law  al- 
ways rejected  it  as  unnalural  and  unjust. 

Virginia  unilormly  acted  in  accorilance  with  the  elevated  senli. 
ments  expressed  by  Judge  Tucker.  She  imposed  duties  on  slaves 
brought  within  her  limits  as  early  as  1699 — one  hundred  and  fifty 
years  ago.  In  1759,  she  imposed  a  duty  of  20  per  cent,  on  all 
slaves  iiTiported  from  Maryland,  North  Carolina,  or  other  places 
in  Arperica  In  1772,  she  petitioned  ihe  King  of  England  to  allow 
her  to  prohibit  the  importation  of  slaves  from  Africa.  J  quote  from 
the  petition  ; 

"  The  importation  of  slaves  into  the  colonies  from  the  coast  of  Africa,  hath  long 
been  considered  as  a  trade  of  great  inhumanity,  anri  under  i  ^present  encouragement 
sve  have  too  much  reason  to  tear  wUl  endanger  the  very  eziAence  of  vour  Majesty's 
American  dominions. 

'■  We  are  sensible  that  some  of  yoor  Majesty's  subjects  of  Great  Britain  may  reap 
emoluments  Ironi  tins  sort  of  ttattiG  ;  bur  when  we  consider  that  it  greatly  retards  tbe 
settlement  of  he  colonies  unit  more  useful  iiihabitauts,  and  may.  in  tiiiie,  have  the 
most  (Ipstrncrivo  inlluence.  we  presnme  to  hope,  that  llie  lTtr'rf5;  of  a  fexc  will  bedis- 
regarded,  when  placed  in  competition  with  the  security  and  happiness  of  such  nam 
hers  of  youi  iMajesly's  dntilul  and  'oyal  subjects. 

'■  Deeply  impressed  with  these  sentiments,  we  most  humbly  beseech  your  Majesty 
Xorcinocc  all  thi/se  restraints  on  your  iMajesty's  governors  of  this  colony,  vkicft  in- 
hibit their  asseutvig  to  such  taut  as  migktchcck  so  very  pernicious  a  comraarce." 

Judge  Tucker  says  : 

"  This  petition  produced  Do  effeot,  as  oppears  from  the  first  clause  of  oorcoyan- 
TUTIo.s,  where,  among  other  acts  of  misrule,  "the  inhuman  use  of  Ihe  royal  negative,' 
In  relu.ing  ns  pei  mission  to  e.xcluiie  slas'es  from  us  by  law,  is  enumerated  among  the 
reasons  for  erporottnif  from  Oreat  Britain.'* 

The  clause  in  the  constituiion  of  Virginia  is  in  these  words  : 

"  Whereas,  George  the  Thini.  King  of  Great  Diitain  and  Ireland,  and  Elector  of 
Hanover,  heretofore  intrusted  with  the  exercise  of  the  Kingly  olfice  in  this  goveinineot, 
hath  cndea\ored  to  pervert  the  same  into  a  detestable  and  insupportable  tt  ranuy,  pot- 
ting his  negative  on  laws  the  most  wholesome  end  necessary  lor  the  pa'bhj  good  ;" 

■^  VugUiaBillof  Bigbu,  article  1. 


July  26.] 


THE  COMPROMISE  EILL! 


963 


[Here  follows  an  enumeration  of  other  acts  ;J  "by  prompting  oar  negtoai  to  rite  In 
arms  against  ns— those  very  negroes  whom  b?  aa  iabomun  u»o  of  bu  negative,  he 
bath  refused  as  permission  to  exclade  by  law." 

JuJgo  Tucker  adds  : 

"  The  wishes  of  the  people  of  this  colony  were  not  sntlicient  to  connterbilanco  th* 
interest  ol  the  English  merchants  trading  to  Africa,  and  it  is  probable.  Tl.at  however 
dispo^d  10  pat  a  stop  to  so  infamous  a  traflic  by  law,  we  should  never  have  been  able 
to  effect  it.  of>  loug  as  we  mjght  have  continued  dependent  on  the  British  goverDiueot; 
an  object  sutficieiit  of  itself  to  justify  revolution." 

And  now,  sir,  I  ask,  will  Virginia  insist  nn  cxfendinp;  to  other 
communities  an  evil  whicli  she  deplored,  and  thns  he  niiiiiy  of  an 
act  which  she  considei'ed,  wlirn  done  by  the  Bjiiish  Kiiij,  as  a 
sufficient  justification  of  revolution  ?  an  act  enumerated  in  the  first 
olause  of  her  constitution  among  the  reason"^  for  scparalinT  from 
Great  Britain?  Mr.  Jeflcrson.  as  we  all  know,  introduced  inio 
the  original  draught  of  the  Declaration  of  Independence  a  clause 
reprobaiinj  ihe  conduct  of  the  British  King  in  forcing  slaves  upon 
the  American  colonies  ;  but  it  was  struck  out,  to  ui-e  his  own  Ian. 
Ruage,  "in  complaisance  to  South  Carolina  and  Georgia,  who  had 
never  attempted  to  restrain  the  importation  of  slaves,  and  who,  on 
the  contrary,  still  wished  to  continue  it."  Sir,  are  we  willing  to 
do  towards  other  communities  depemlent  on  us  what  we  condemn- 
ed in  the  British  King  ?  what  we  relied  on  as  one  of  the  grounds 
of  our  justification  in  appealing  to  the  sword  for  a  vindication  of 
our  rights  and  iho  assertion  ol  our  independence  ?  What  matters 
it  to  lUe  inhabitants  of  Oregon,  or  Now  Mexico,  or  California, 
whether  slaves  are  introduced  from  Africa  or  from  iho  Stales  of 
the  Union  in  which  they  are  hrid  ?  Sir,  let  us  abstain  f'vom  this 
injustice  and  wrong.  If  we  insist  on  carrying  slaves  lo  those  ter- 
ritories ;  if  the  arm  of  the  public  authority  is  employed,  dirrcily 
or  indirectly,  for  the  purpose  of  placing  them  there,  and  in  up- 
root ng,  in  two  of  the  territories,  the  fundamenial  law  of  Mexico, 
which  declares  slavery  to  be  forever  prohibited,  it  would  nut  bo 
surprising  if,  in  the  progress  of  events,  when  those  disiant  commu- 
nities  shall  have  grown  to  manhood,  that  they,  like  us.  should  de- 
clare themselves  "free  and  independent ;"  and  amon2  the  cpuscs 
of  the  separation,  charge  us,  as  we  charged  the  British  King, 
with  forcing  slavery  upon  them,  against  their  wishes  and  their  re- 
rnon^tfances.  If  this  was  a  just  cause  of  separation  for  us.  why 
would  it  not  be  so  for  them  ?  God  forbid  that  history  should  re- 
cord such  a  passage  as  this,  to  confound  and  shame  our  descend- 
ants ! 

It  has  been  said,  that  this  territory  should  be  divided,  so  that  a 
portion  of  it  may  be  left  open  to  the  introduction  of  slaves  ;  that 
It  has  been  acquired  by  the  common  treasure  and  the  common 
blood  of  the  whole  Union,  and  that  it  would  be  unjust  to  exclude 
a  portion  of  the  ciiizens  of  the  Union  from  it. 

In  the  first  |lace,  I  do  not  admit  that  there  would  be  any  ex- 
clusion if  slavery  were  prohibited.  It  would  be  open  to  every 
freeman  in  the  coraraunily.  But  even  on  the  score  ol  an  cquituble 
division — if  the  propriety  of  such  a  division  could  bo  admitted, 
wiien  tlie  qnesiinn  is,  whether  laws  abolishing  slavery  shall  be 
abrogated — I  hold  that  the  territory  should  be,  as  it  now  is,  free. 
When  Florida  was  acquired,  we  did  not  ask  that  any  portion  of  it 
should  be  set  apart  for  immigration  from  the  free  Stales.  We 
claimed  no  division.  We  gave  it  all  up  to  the  South.  And  yet  it 
was  purchased  by  the  common  blood  and  the  common  treasure  of 
the  whole  Union.  The  soil  of  Florida  has  been  crimsoned  by  the 
blood,  and  whitened  by  the  bones  of  northern  men  sacrificed  in  the 
wars  waged  to  secure  it.  Including  the  price  paid  for  it,  it  has 
drawn  forty  millions  of  dollars  from  the  public  treasury,  to  be  re- 
imbursed, iVr  the  most  part,  by  the  toil  and  contnbuiinns  of  the 
Norlh.  Wliat  have  we  received  in  return  on  this  principle  of  an 
equitable  division?     Nothing;  nnlhing. 

It  is  the  same  with  Texas.  It  is  true,  the  Missouri  compromise 
line  was  drawn  across  the  States,  leaving  to  the  norlh  of  it  a  strip, 
narrow,  misshapen,  barren,  and  broken,  for  northern  immigra- 
tion. For  all  purposes  of  an  equitable  division,  it  would  have 
been  a  deeeplion.  il  it  had  been  pretended.  Why,  sir,  this  very^ 
war,  which  has  just  terminated,  grew  out  of  the  annexation  o( 
Texas.  It  is  p.irt  and  parcel  of  the  acquisition.  What  will  it 
cost?  At  least  eighty  millions  of  dollars,  when  arrears  are  liqui- 
dated,  bountv  lands  set  apart,  and  pensions  fully  paid.  For  this 
Bcquisiiion  the  North  has  contributed  its  full  share  in  blood,  and 
from  its  greater  ability  for  consumption,  will  pay  the  hirgest  por- 
tion of  the  treasure  by  which  it  hns  been  purchased.  Taking 
Texas  into  the  account,  wiih  its  three  hundreil  thousand  square 
miles,  and  its  capacity  for  produdion,  I  hold  that  an  equitable  di- 
vision— if  the  propii^ety  of  it  were  to  be  conceded — should  leave 
California  and  New  Mexico  free. 

Let  us  look  at  the  money  account,  and  see  how  that  stands. 
Florida  has  cost  us  forty  millions  of  dollars,  and  Texas  eighty 
millions.  For  New  Mexico  and  California  we  arc  to  pay,  includ- 
ing claims  of  our  own  citizens,  twenty  millions.  Deduct  this  Irom 
the  other,  and  we  have  a  balance  of  one  hundred  millions,  which 
■we  have  paid  for  new  territory  given  up  wholly  to  the  South.  The 
blood,  the  treasure,  the  surface— everything  taken  into  the  account 
— there  is  an  overwhelming  balance  in  favor  of  the  North  ;  and  on 
evei^  principle  we  are  entitled  to  New  New  Mexico  and  Calilor- 
nia.  But,  sir.  I  will  not  put  it  on  this  narrow  grouml.  I  hold 
that  if  we  acquire  territory  which  is  free,  it  should  remain  so,  and 
this  on  high  principle— that  the  United  States  shall  not  be  mstru- 
menial  to  the  extension  of  slavery,  and  stand  before  the  world,  in 
this  age  of  intellectual  light  and  of  moral  eleyalion.  in  ihe  atti- 
tude of  ministering  to  the  propagation  of  an  evil,  for  the  presence 
of  which  among  us  we  can  only  justify  ourselves  by  necessity. 


There  is  one  argument  on  thfl  other  side  against  restriction — if 
it  ni.ay  not  rather  be  termed  a  complaint,  or  an  accusation — which 
I  cannot  pass  by  in  silence.  Gentlemen  have  repre.«enteJ  us,  who 
oppose  the  ex  ension  of  slavery,  as  intending  to  hem  their  slaves 
in,  lo  "pen  them  up,"  to  surround  them  with  "walls  of  circum- 
vallaiion,"  to  crowl  litem  together  and  leave  them  to  perish  ;  and 
we  have  been  assailed  with  such  outbursts  of  elixiucnt  indignaiion 
as  it  has  never  before  been  my  pleasure  to  hear  on  this  floor.  Pens 
and  walls  of  circumvallalion  !  These  are  expressive  forms  of 
speech,  Mr.  President.  They  are  not  un;:raielul  to  the  imagina- 
tion. They  combine  the  familiar  associations  of  rural  economy 
with  those  which  belong  lo  the  nobler  ficcupation  of  arm^.  They 
are  redolent  of  the  classic^ — iho  "aratum  opus  agricolit"  and  ihs 
"nunc  horrentia  Martit  armn.''  Why,  sir,  an  innoceni  by-siandtr 
might  have  supposed,  from  the  expressions  of  horror  and  disgust 
with  which  we  have  been  visited,  that  we  bad  deviscil.in  good 
earnest,  some  unnatural  scheme  ol  penning  np  or  walling  in  this 
unfortunate  African  race.  Now  if  gentlemen  will  consider  the 
facts,  I  think  they  will  find  not  the  slightest  occasion  for  any  exu- 
berance of  feelina,  either  in  its  higher  phases  of  indignant  passion 
or  in  its  lower  tones  of  commisseration  and  sympathy.  What  is 
the  area  of  Ihe  slavehohling  States?  What  is  ihe  size  of  ihe  en> 
closure  in  which  the  negro  race  is  to  bo  shut  up  by  those  who  op. 
pose  the  extension  of  slavery  ?  More  than  nine  hundred  thnucand 
square  miles — more  than  the  entire  surface  of  France,  Spain.  Por- 
tigal,  Germany  proper,  Prussia,  Switzerland,  and  Italy,  combined 
nearly  equal  to  two  thirds  of  the  entire  surface  of  Europe,  Russia 
excluded — a  greater  arei  than  that  which,  in  the  eastern  hemis- 
phere, sustains  a  population  of  one  hundred  and  fifty  millions  of 
bouls  ! !  Let  us  turn  to  the  non-slaveholding  Slates,  and  see  how 
their  surface  compares  with  that  of  the  slavebolJing.  What  is 
their  area,  Mr.  President?  But  little  more  ihan  lour  hundred 
thousand  square  miles — not  half  the  geographical  extent  of  the 
slavehohling.  Thus,  with  an  area  not  half  as  great  ns  ihai  of  ihe 
slaveholding  States,  the  free  Slates  are  charged  with  at/gression 
and  injustice,  because  they  will  not  consent  to  the  extension  of 
slavery  beyond  its  present  liinils  into  dislricis  of  country  in  wbioh 
it  does  not  exist.  And,  what  is  more  extraordinary,  we  are  aC' 
cused  of  inhumanity  because  we  propose,  to  use  the  languace  of 
onr  accusers,  "to  pen  up"  the  AlVioau  race  on  an  area  nearly  a 
million  of  square  miles  in  extent ! !  Really,  this  subject  is  hardly 
susceptible  of  being  treated  with  becoming  gravity ;  and  I  dis- 
miss it. 

Let  me  now  look  a  moment  at  the  provisions  of  this  bill,  so  far 
as  they  profess  to  ofl'er  us  a  compromise  of  the  question  of  slavery 
in  the  territories.  And  here  I  desire  to  say,  lh.it  I  intend  no  re- 
flection upon  the  conduct  or  motives  of  the  committee,  collectively 
or  individually.  I  deal  only  with  the  measure;  but  of  that  I  must 
speak  freely  and  frankly. 

There  are  but  two  direct  references  to  slavery  in  the  bill:  they 
are  contained  in  the  twenty  sixth  and  ihiriy-ihird  sections,  and  botn 
are  to  the  same  purport.  They  prohibit  the  territorial  govern- 
ments of  California  and  Now  Mexico  from  legislating  on  the  sub- 
ject. 

There  is  one  indirect  reference  to  slavery.  It  is  contained  in  the 
twelfth  section  of  the  bill,  which  declares  the  laws  now  in  force  in 
Oregon  to  be  valid  and  operative  for  three  months  afrer  the  legis- 
lative assembly  meets;  and,  as  we  all  know,  one  of  these  laws  pro- 
hibits slavery. 

These,  then,  are  the  great  provisions  of  this  bill.  They  leave 
the  whole  of  New  Mexico  and  California  open  to  the  introduction 
of  slaves,  and  prohii'it  the  territorial  goi'ernments  from  legislating 
on  the  subject,  even  if  disposed  to  legislate  lor  their  exclusion. 
And,  in  consideration  of  this  abandonment  of  all  the  territory  we 
have  acquired  from  Mexico  to  slavery,  we  have  received  from  the 
hands  of  the  committee  the  boon  of  freedom  for  three  months  in 
0.e"on.  This  is  the  great  concession  to  the  non-slaveholding 
Stales;  and  this  is  presented  to  us  as  a  compromise — a  compro- 
mise which  surrenders  everything  on  one  side,  and  concedes  no- 
thin"  on  the  other.  Let  mo  pursue  this  subject,  by  examining 
some  of  the  propositions  with  whioh  this  bill  was  ushered  inio  the 
Senate  chamber,  by  the  Senator  from  Delaware,  [Mr.  Cl.^yton,] 
as  chairman  of  the  committee  of  ciirht.  They  are  so  extraordi- 
nary, that  I  cannot  forb"ar  to  pay  them  a  passing  notice.  I  hold 
them  to  be  a  true  exposition  of  the  meaning  and  the  object  of  the 
bill  by  the  one  who,  of  all  others,  is  best  qualified  to  interpret  it — 
the  one  by  whom  it  was  drawn.  I  give  the  moio  <  redence  to  his 
interpretation  of  it,  because,  on  a  carolul  exa  linaiion,  I  can  put 
no  o'.her  construction  on  it  myself. 

The  first  proposition  is  this:  (I  read  from  his  remarks:) 

"While  it  was  admitted  on  .ill  sides  that  by  far  thegfitest  portion  of  the  territoriee 
w.-is  properly  adapted  lo  free  ialjor,  and  would  necessaiily  be  free  soil  forever;  yet  It 
w.is  also,  icith  cqiLot  unanimity,  coiicedej  that  there  was  a  portion  of  itwheie/f**c  to- 
bur  could  never  be  introduced,  owing  to  the  cbmate  and  too  peualiar  p.-odoctioas  of 
that  )tortion." 

I  consider  this  proposition  unsound  in  all  its  parts.  In  the  first 
place,  our  own  experience  teaches  us  that  slaves  will  be  carried 
wherever  they  are  permitted  to  gi;  that  no  soil  will  be  free  where 
they  are  not  excluded  by  law.  They  were  taken  into  the  territory 
northwest  of  the  Ohio  river.  There  are  now  five  slaveholding 
States  north  of  36°  30':  Missouri,  Jlaryland,  Delaware,  Virginia, 
and  Kentucky.  On  a  former  occasion,  I  said  ihat  slaves  would  be 
valuable  in  any  part  of  the  country,  in  the  early  stages  of  settle- 
ment, where  the  demand  for  labor  is  urgent.  And  1  have  no  hes- 
itation in  saying,  that  if  this  bill  passes  both  Houses,  and  becomes 
a  law,  they  will  bo  carried  into  every  part  of  New  Mexico  and 


964 


THE  COMPROMISE  BILL. 


^^Wednesday, 


California  wbicli  is  habitable.  This  will  be  its  practical  effect. 
Even  if  tlie  northern  portion  shall  in  future  years  abolish  slavery, 
it  will  be  left  with  a  Mack  population — a  burden  and  an  incum- 
brance to  the  wliite  race,  and  an  impediment  to  its  moral  and  phy- 
sical development. 

-  But  the  latter  part  of  the  proposition  is  far  more  objectionable 
than  tlie  first;  and  I  regret  cxaeedingly  to  hear  that  it  was  conce- 
ded with  unanimity.  1  deny  that  there  is  any  portion  of  these  ler- 
rilories  where  free  labor  can  never  bo  introduced.  I  deny  that 
there  is  any  portion  of  the  globe  which  nature  designed  for  slavery. 
It  would  be  an  impeachment  of  the  character  and  purposes  of  the 
great  Author  of  the  universe  to  concede  that  there  is  any  portion 
of  the  earth  in  which  we  cannot  '-'stand  fast  in  the  liberty"  where- 
with God  has  made  us  free.  I  deny  that  there  is  any  portion  of 
Oregon,  or  New  Mexico,  or  California,  to  the  cnltivation  of  which 
slave  labor  is  indispensable.  The  suggestion  is  as  unsound  in  fact 
as  it  is  in  philosophy.  I  do  not  admit  that  there  is  any  portion  of 
those  territories  to  which  African,  much  less  slave  labor,  is  indis- 
pensable. There  is  no  portion  uf  it  less  suited  to  white  labor  than 
the  southern  portion  of  Spain — none  which  has  a  more  fiery  sun 
than  Andalusia — where  slavery  does  not  exist.  Besides,  there  is 
a  free  Indian  population,  natives  of  the  climate,  willing  to  work, 
singularly  docile,  and  adequate  to  all  the  demands  for  labor  for 
years  to  come. 

I  regret  exceedingly  to  have  heard  the  admission  that  slave  la- 
bor is  necessary  in  these  territories.  But  I  have  ceased  to  besur- 
prised  at  anything  from  any  quarter.  I  have  heard  of  one  of  the 
principles  of  the  Declaration  of  Independence  impugned,  and  its 
author  charged  with  error  in  advocating  the  exclusion  of  slavery 
from  the  territories  of  the  United  States.  I  have  heard  negro  sla- 
very defended  as  founded  in  right,  as  justilied  by  the  laws  of  God, 
and  lauded  as  "'the  mddest  species  of  bondage  which  labor  ever 
bore  to  capital  on  the  facr^  of  the  glolie."  I  confess  I  have  been 
astonished  at  these  declarations,  so  diQ'erent  from  all  I  have  heard 
and  read  of  the  sentiments  of  the  great  men  of  the  republic  from 
its  foundation  to  the  present  day.  I  have  been  taught,  and  taught 
by  tlie  South,  to  regard  slavery  as  an  evil  to  be  got  rid  of,  and  not 
as  a  good  to  be  communicated  lo  other  communities. 

The  Senator  from  Delaware,  after  proposing  to  organize  go. 
vernments  for  California  and  New  JMexico,  by  the  appointment  of 
a  "overnor,  secretary,  and  judges,  to  compose  a  temporary  legis. 
lature,  without  the  power  to  legislate  on  the  subject  of  slavery, 
proceeds:  "It  was  thought,  that  by  this  means  Congress  would 
avoid  the  decision  of  this  distracting  question,  leaving  it  to  be  set. 
tied  by  the  silent  operation  of  the  constitution  itself;  and  that,  in 
case  Congress  should  refuse  to  touch  the  subject,  the  country 
would  be  slaveholding  only  where,  by  the  laws  of  nature,  slave 
labor  was  effective,  and  free  labor  could  not  maintain  itself!" 

This  proposition  is  subject  to  the  great  fundamental  objection  I 
have  taken  to  the  other.  It  contains  a  direct  admission,  that  by 
the  laws  of  nature  a  portion  of  the  country  or  territory  will  be 
slaveholding.  I  deny  that  nature  has  any  such  law.  It  is  the 
law  of  man,  doing  violence  to  all  the  dictates  of  nature,  that 
makes  a  country  slaveholding,  either  by  its  own  voluntary  act,  or 
by  the  act  of  others  forcing  slavery  upon  it. 

But  the  chief  and  radical  objection  is,  that  it  contains  a  further 
admission  that  the  territories  are  to  be  left  open  to  the  introduc- 
tion of  slaves — that  they  will  be  slaveholding  wherever  slaves  can 
be  carried.  It  is  an  admission  that  the  "silent  operation  of  the 
constitution''  will  be  to  make  the  country  slaveholding,  where 
slave  labor  will  be  effective.  I  consider  it  an  entire  abandonment 
of  northern  ground.  What  is  the  ground  taken  by  the  North  !  It 
is,  that  slavery  shall  be  prohibited  in  the  territories  The  act  con- 
tains no  such  prohibition.  It  is  a  complete  surrender  to  the  theo- 
ries and  claims  of  our  friends  of  the  South.  All  they  contenil  for 
is,  that  the  territories  shall  be  open,  and  they  left  to  the  nnre- 
strioted  enjoyment  of  the  right  they  assert  to  carry  their  slaves 
into  any  territory  belonging  to  the  United  States.  It  is  the  very 
extent  of  their  demand.  It  leaves  nothing  for  them  to  ask  or  de- 
sire. The  distinguished  Senator  from  South  Carolina,  [Mr.  Cal- 
HOUN,]  commenced  his  speech  with  the  assertion  that  all  the 
South  desired  was — no  legislation.  This  has  been  conceded — ful- 
ly  conceded.  Indeed,  something  more  has  been  given  up.  It  was 
not  enough  to  yield  all  that  was  asked.  The  territorial  govern- 
ment is  prohibited  from  legislating  on  the  subject  of  slavery.  This 
1  should  not  object  to,  constituted  as  that  government  is  likely  to 
be,  hut  for  a  single  consideration — as  a  precedent,  it  may  be  of 
importance.  It  will  constitute  an  argument  in  favor  of  extending 
the  same  prohibition  to  the  legislative  assemblies,  when  they  shall 
be  hereafter  created.  But  I  will  not  look  beyond  the  present.  I 
take  it  as  it  is.  The  territorial  government  is  prohibited  from  le- 
gislating ;  Congress  does  not  legislate  ;  and  slavery  will  extend 
Itself  over  the  whole  of  New  Mexico  and  California.  It  will  en- 
ter the  great  basin  ;  it  will  take  possession  of  the  maratime  val- 
ley of  California — the  American  Italy  ;  and  when  planted  there, 
neither  you,  sir,  nor  I,  nor  our  children,  will  live  to  see  it  eradicated. 

And,  with  this  assurance,  which  no  man  can  reasonably  doubt, 
we  are  invited  to  leave  this  matter  "to  the  silent  operation  of  the 
constitution  ;"  when  we  all  know  that  the  constilution  does  no 
more  than  vest  in  Congress  the  powr  lo  legislate  for  the  territo- 
ries. It  is  an  invitation  to  us  to  leave  this  power  unexercised,  and 
to  lot  slavery  extend  itself  wherever  self  interest  can  carry  it.  It 
is  the  same  argument  that  was  used  in  the  fi'ileral  convention 
against  the  abolition  of  the  slave  trade.  Our  fathers  were  invited 
to  leave  the  whole  subject  to  the  laws  of  nature.  It  is  the  argu- 
ment which  has  been  employed  on  all  occasions  to  resist  every  at- 


tempt to  prevent  the  extension  of  slavery.  It  was  urged  against 
restrictions  upon  Louisana,  against  restrictions  npon  the  territory 
northwest  of  the  Ohio  river,  against  restrictions  upon  the  territo- 
ry  west  and  northwest  of  the  Mississippi,  when  Missouri  was  ad- 
mitted into  the  Union.  Did  those  who  have  gone  belore  us  yield 
to  these  persuasions  of  self-interest?  No,  sir,  they  refused  to  ac- 
cede to  them.  They  prohibited  the  introduction  of  slaves  iuto  the 
territories  They  considered  it  as  a  political  question,  proper  on- 
ly to  be  decided  by  themselves,  and  not  to  be  shuffled  off  upon  the 
judiciary.  They  met  the  responsibility  like  men,  and  decided  it 
according  to  the  dictates  of  duty  and  right.  This  scheme  of  the 
committee,  so  far  as  it  professes  to  be  a  compromise,  secures  no- 
thing to  the  North.  To  the  South  it  yields  up  all.  It  concedes 
all  ihat  is  asked,  all  that  is  desired.  It  imposes  no  restrictior.  ;  it 
sets  up  no  barrier  ;  it  leaves  the  whole  field  open  to  be  entered 
and  taken  possession  of,  unresisted  and  unoppo-cd.  It  is  an  un- 
conditional surrender  ;  it  has  not  even  the  grace  of  a  capitulation 
upon  terms. 

If  gentlemen  suppose  this  proposition  will  calm  the  prevailing 
cxcitemnt,  they  are  greatly  mistaken.  What  does  it  contain  cal- 
culated to  allay  agitation  in  the  North  ?  Does  it  concede  any- 
thing to  the  non-slaveholding  Stalest  No,  sir.  It  excludes  sla- 
very nowhere — not  even  in  Oregon.  It  only  continues  her  prohi- 
bition in  force  for  three  months  after  the  first  meeting  of  her  le- 
gislative assembly.  The  prohibition  is  then  to  cease.  From  that 
moment  slaves  may  be  introduced,  unless  the  prohibition  is  re- 
enacted.  They  will  not  be  excluded  then,  if  Congress  shall  dis- 
approve the  re-enactment.  Oregon  comes  here  with  an  organic 
law  prohibiting  slavery  forever  ;  and  we  throw  it  back  upon  her 
with  a  mere  temporary  vitality.  We  virtually  invite  her  to  re- 
consider It,  as  if  it  had  been  passed  without  reflection,  or  as  if,  on 
furiher  deliberation,  she  may  think  it  advisable  to  receive  slaves 
into  her  bosom.  Indeed,  it  is  not  necessary  for  her  to  do  any  act. 
She  has  only  to  be  passive.  We  virtually  repeal  the  prohibition. 
And  this  the  committee  give  us  to  calm  excitement!  Sir,  I  con- 
sider  this  whole  scheme  of  legislation  unworthy  of  the  high  cha- 
racter of  the  country,  unworthy  of  our  fathers,  unworthy  of  our- 
selves It  is  commended  to  us,  that  Congress  may  avoid  the  de- 
cision of  the  question.  It  is  an  evasion  of  responsibility,  which 
will  defeat  its  own  purpose.  It  is  sowing  the  seeds  of  a  future 
agitation,  vastly  more  profound  and  exciting  than  this.  It  is  a 
temporary  colonization  of  this  controversy,  to  he  sent  out  to  tha 
Pacific  to  stir  up  dissension  among  the  first  settlers,  and  then  to 
be  brought  back  here,  after  a  time,  to  renew  agitation  among  our- 
selves. It  will  turn  out,  like  every  other  device  of  timidity,  which 
shrinks  from  one  embarrassment  only  to  plunge  deeper  into  ano- 
ther. 

But,  sir,  we  have  reason  to  be  thankful  that  our  ease  is  not  ut- 
terly void  of  hope.  We  are  flattered  by  the  chairman  of  the  com- 
mittee with  the  assurance  that  Congress  will  be  at  liberty  hereaf- 
ter to  give  us  the  Missouri  compromise,  and  run  out  the  line  of 
36°  30'  to  the  Pacific.  He  considers  the  arrangement  tempo- 
rary. 

It  is  not  so  with  the  Senator  from  South  Carolina,  [Mr.  Cal- 
houn.] He  has  pronounced  it  permanent.  And,  what  is  emi- 
nently worthy  of  attention,  the  bill  was  to  speak  for  itself.  It  was 
so  announced.  Well,  sir,  it  has  spoken  for  several  members  of  the 
committee  ;  and  it  is  artfully  or  inartificially  contrived,  that  it 
speaks  a  totally  different  language  in  each  case. 

But  let  us  pause  and  survey  this  bow  of  promise  which  the  chair- 
man of  the  committee  has  hung  out  in  the  distance  for  our  encour- 
agement and  hope — the  Missouri  compromise.  When  it  presents 
itself,  I  shall  be  opposed  to  it — utterly,  irreconcilably  ;  because  it 
will  extend  slavery  where  it  does  not  exist  ;  because  it  would  sub- 
vert the  laws  of  Mexico  which  have  abolished  slavery,  and  intro- 
duce it  where  it  is  prohibited.  It  bears  no  analogy  to  the  compro- 
mise of  1820.  That  settlement  of  the  question,  which  was  con- 
fined to  Louisiana,  contracted  the  area  of  slavery.  This  would  ex- 
tend it.  The  whole  of  Louisiana  was  open  to  the  introduction  of 
slaves.  Slavery  nominally  existed  there.  But  beyond  the  limits 
of  the  State  of  Missouri,  north  of  36''  30',  the  territory  was  nearly 
uninhabited.  The  compromise  invaded  no  right.  It  was  no  act 
of  abolition  or  emancipation  ;  but  it  prohibited  the  extension  of  sla- 
very to  areas  over  which,  without  such  a  prohibition,  it  whold  have 
been  extended.  How  widely  different  is  this  proposition  ?  It  is 
to  extend  slavery  where,  without  the  sanction  of  the  public  autho- 
rity, direct  or  indirect,  it  cannot  go  or  exist.  It  is  a  proposition 
to  establish  slavery  by  law  in  a  district  of  country  more  than  two 
hundred  thousand  square  miles  in  extent,  equal  to  the  entire  area 
of  France  or  the  Spanish  peninsula.  On  every  principle  of  justice 
and  right  I  shall  be  opposed  to  it  ;  justice  to  ourselves,  to  our  na- 
tional character,  and  to  the  future  millions  who  are  to  occupy  the 
great  Pacific,  or  maritime  valley  ofJCalifornia — literally  the  Italy 
of  America,  in  all  but  the  monuments  and  classical  recollections  of 
the  other.  Let  us  look  at  this  question  praciicallv.  The  proposed 
compromise  would  carrv  out  the  line  of  36''  30'  lo  the  Pacific,  and 
prohibit  slavery  north  of  it.  Let  us  see  the  geographical  divisions 
it  would  make.  It  would  divide  New  Mexico  just  above  Santa 
Fe,  leaving  that  city  and  two-ihirds  of  the  entire  State  or  territo- 
ry to  the  South.  How  is  the  distinction  between  slave  and  free 
territory  to  be  mainiained  ?  Are  we  to  have  two  territories  with 
separate  political  organizations,  or  only  one  with  an  astronomical 
line  separating  the  bond  from  the  free  ?  Passing  New  Mexico, 
the  compromise  lino  would  cross  the  Sierra  Madro,  or  Rocky 
Mountain  chain,  and  enter  a  district  but  little  explored,  but,  so  far 
as  known,  barren,  and  almost  worthless — leaving  a  strip  of  three 


July  26.] 


THE  COMPROMISE  BILL. 


965 


parallels  of  latitude  to  the  south.  It  would  next  graze  the  great 
basin  of  California — one  of  the  most  remarkable  leatures  in  the 
eeocraphical  conformations  of  tliis  continent — represanted  by  Fre- 
mont as  Asiatic  rather  than  Amei-ic:in  in  iis  character.  It  is  five 
hundred  miles  in  extent  in  all  directions,  enclosed  by  mountains— 
the  Sierra  Madre  on  one  side  and  the  Sierra  Nevada  on  the  other 

and  has  its  own  systems  of  lakes  and  rivers.     It  is  for  the  most 

part  sierile,  but  with  numerous  and  in  some  cases  extensive  tracts 
capable  of  cultivation.     Passing  the  great  basm  without  touehinfl; 
it,  the  compromise  line  would  cross  the  Sierra  Nevada,  and  enter 
the  maritime  valley  of  California,  five  hundred  miles  in  length  aiid 
one  hundred  and   fifty   in  width  from  the  summit  of  the  mountain 
chain    which  forms  its  eastern  boundary,  to  the  coast  ranf;e  on  the 
Pacific.     This  valley — the  finest  in    the  western  hemisphere— is 
represented  by  Fremont  as  bearing  a  close  resemblance  to  Italy  in 
extent,  in  climate,  and   in   its  capacity  lor  production.     It  is  tiie 
natural  region  of  the  vine  and  the  olive,  and  of  the  infinite  variety 
of  "rains  and  fruits    which    the   earth   brings  forth  in  tropical  cli- 
ma'tes.     Though  mneh  further  north,  it  has  all  the  mildness  of  the 
tropical  regions  on  the  eastern  face  of  this  continent.     The  com- 
promise line  w.iuld  sever  this   noble  valley  latitudinally,  leaving 
four  hundred  miles  to  the  North  and  one  hundred  to  the  South.   It 
yields  nothing  to  the  production  of  which  slave  labor  is  necessary. 
Slavery  would  go  there  as  a  bane  and  a  hiiiderance,  rather  than  as 
an  aid,  even  to  prudnction.    Why,  then,  seek  to  introduce  it,  when 
no  (rood  purpose  is  to  bo  answered— when  it  can  only  prove  an  ele- 
ment of  unmixed  evil  ?     Why  sever  a  region  which  nature  design- 
ed for  unity  in  its  geographical  conlormation,  its  climate,  soil,  and 
oapacitv  for  production  ?     How  is  the  social  distinction  which  the 
compromis  line  would   introduce  to  bo  preserved  inviolate  t     Will 
you  have  two  governments,  or  one  with   an  imaginary  line  to  de- 
fine  the  boundary  between   slavery  and  freedom  ?     Sir,  this  whole 
scheme  of  division  is  wrong  in  all  its  elements- geographically,  po- 
litically, morally  wrong— and  I  will  have  no  part  in  it. 

Such  Mr.  President,  would  be  the  Missouri  compromise  line, 
applied' to  New  Mexico  and  California.  Bad  as  it  would  be,  the 
bill  reported  by  the  committee  is  still  worse.  It  leaves  all  open  : 
it  surrenders  all.  It  will  dedicate  the  whole  of  ihis  noble  valley 
to  slavery,  and  exclude  from  it  the  freemen  of  the  North,  who  will 
not  go  where  their  labor  is  to  be  degraded  by  mingling  it^wilh  the 
labor  of  blacks.  Sir,  there  were  gallant  bands  from  the  North  and 
West  who  "  coined  their  hearts  and  dropped  their  blood  lor  drach- 
mas" on  the  ensanguined  plains  of  Mexico,  to  make  this  acquisi- 
tion They  are  gone  beyond  the  reach  ol  sympathy  on  the  one 
hand,  or  iniustice  on  the  other.  But  against  their  fathers  and  their 
children  you  will  by  this  act  put  forth  an  edict  of  perpetual  exclu- 
sion from  an  inheritance  purchased   by  filial  and  paternal  blood. 

There  is  another  consideration  which  ought  not  to  be  overlook- 
ed We  have  been  accused,  for  the  last  two  years  of  making  war 
on  Mexico  to  obtain  territory  for  the  extension  of  slavery.  We 
have  denied  the  truth  of  these  imputations.  Wo  have  resented 
them  as  doing  injustice  to  our  intentions.  And  yet,  sir,  tlie  treaty 
is  hardly  ratified  before  we  are  engaged  in  a  struggle  in  the  Ame- 
rican Senate  to  extend  slavery  to  the  territory  we  have  acquired. 
How  can  we  stand  up,  in  the  face  of  the  civilized  world,  and  deny 
these  imputations,  if  the  proposition  of  leaving  these  territories 
open  to  the  introduction  of  slaves  is  consummated  1 

I  do  entreat  our  southern  friends  earnestly,  solemnly,  not  to 
press  this  measure  upon  us  :  I  mean  that  of  insisting  on  the  right 
to  carry  'slaves  into  New  Mexico  and  Calitorma.  I  say  to  you  in 
sincerity  and  with  the  deepest  conviction  ol  the  truth  ol  what  1  say, 
that  the  northern  feeling  can  go  no  further  in  this  direction.  1  ap- 
peal to  you,  through  the  memory  of  the  past  to  do  us  the  justice 
we  have  rendered °o  von.  You  asked  lor  Florida.  You  said  it 
shut  vou  out  from  the'Gulf  of  Mexico.  It  was  an  inlet  for  politi- 
oal  intrimie  aad  social  disorganization.  It  was  necessary  lor  your 
We  united  with  you  to  obtain  it.     Our  blood,  our  treasure 


[Mr.  BUTLER  made  a  brief  explanation  of  his  remarks  of  yes- 
terday, [alluded  to  by  Mr.  Dii,]  which  will  be  given,  in  connec- 
tion with  his  speech,  in  the  Appendix.] 

Mr.  DAYTON. — Whatever  may  have  been  my  intention  oooo, 
I  can  assure  the  Senate  that  at  this  hour  of  the  day  or  night ,  and  un- 
der existing  circumstances,  I  shall  not  venture  upon  an  elaborate 
speech.  I  understahd,however,  that  those  g'.nllcmen  who  are  more 
particularly  interested  in  the  passage  of  this  bill,  have  determined  to 
sit  it  out,  and  therefore,  the  little  1  have  lo  say  I  will  say  now. 
I  have  no  purpose,  1  repeat,  to  enter  into  a  discusiiion  of  ilie  gen- 
eral question  of  slavery.  It  has  been  traced,  I  believe,  from  the 
legislation  of  Moses  down  to  the  legislation  of  Congress,  and  from 
a  system  of  ethics  dating  back  to  the  time  of  Israel,  down  lo  a 
system  of  ethics  of  which  we  are  ourselves  the  authors.  If  any 
practical  purpose  is  to  be  attained  by  this  course  of  argumcnl,  1, 
at  least,  am  ignorant  of  it,  while  1  cannot  but  see  that  it  is  pro- 
ductive of  much  asperity  of  feeling-  For  myself,  proposing  lo  do 
little  else  than  to  justify  the  single  vote  which  I  shall  give  lo  my 
constituents,  I  shall  overlook  all  such  matters.  This  bill  has  been 
reported  by  the  committee,  lo  whom  the  subject  was  referred  as  a 
bill  of  compromise,  and  for  one,  I  am  disposed  to  look  at  it  as  so 
intended.  It  is  at  least  a  mode  of  settlement  of  Ibis  conlroverted 
question,  if  not  a  compromise. 

Mr.  MANGUM. — If  the  Senator  will  yield  the  floor  for  a  mo- 
ment, I  will  move  that  the  Senate  adjourn. 

Mr.  DAYTON  assented,  though  he  added,  not  on  his  own  ac- 
count; and  the  yeas  and  nays  being  taken  upon  the  motion,  it  was 
determined  in  the  negative,  as  follows  : 

YEVS— Mmsis  Atcljuon  Badfrei,  B»ld\viii.  B«ll.  Benlon,  Clailii!.  D»vi..  ofMu 
«3Clmselu.  Dix.  Fdch,  Mangum,  Mclcalfe.  Miller,  SilM,  Tciirce,  SpniioM,  UnJer- 
wood,  and  Uphaiii— 17.  „.,„.„     ,        ^  ,i_  r-i     .        /- 

JJAVS— .M:^5c«  ."Mien  Berrien.  Borland.  Brichl.  Bntler.  Calhoun.  Claylon.  Cot- 
wm  Davh.orMi3.'ioippi,  Dickm!on.  Dodge,  Dougla».  Down..  KuzEeiaJd.  Foole. 
Hale  Ilannegan.  UoDslon.  Hucler,  Jolin.on.  or  Looi'iana.  John>on.  of  Oeoiyis, 
Lewis,  Phelps,  Rusk,  Sebastian.  Slurspou,  Tumey.  Ualller,  t\  e.leolt.  ^nd  \o 
lee— .30. 

Mr.  DAYTON,  proceeded.  It  is  no  aflectation,  when  I  say  of 
the  result  of  this  motion,  that  it  is  entirely  a  matter  of  indifl'erenoc, 
as  I  shall  not  attempt  an  elaborate  speech,  and  I  have  only  lo  hope 
that  those  gentlemen  who  are  so  sparing  of  time  to  others,  will  not 
at  a  later  hour  of  the  day  make  sure  of  a  little  more  time  for  them- 
selves, and  that  in  point  of  fact  they  may  dispose  of  the  question 
before  another  sun  shall  rise 

This  bill  has  been  reported  by  the  committee  as  a  compromise 
bill.  I  do  not  participate  in  the  slightes  degrecl  i  i  the  feelings  of 
those  gentlemen  on  either  side  of  the  chamber,  who  have  de- 
nounced the  course  of  this  comrailtce,  or  of  any  member  of  the 
committee  as  "evasive,  cowardly,  or  skulking."  Nothing  of  the 
kind.  Although  I  shall  vote  against  this  bill,  I  am  yet  disposed,  I 
repeat,  to  do  justice  lo  the  committee;  to  look  upon  the  measure 
as  a  fairly  meant  eftbrl  at  setllemeni.  It  seems  to  me,  s-  •" 
many  of  its  aspects  to  be  straightlorward,  manly  and  bold. 
South,  and  gentlemen  who  represent  the  leelingsof  the  Soul 
themselves  distinctly  upon  their    notion   of  the         - 


ft  &  IP  t  V  —         _  _        _ 

was  freely  s'hared' with  you  in  making  the  acquisition.  We  gave 
it  up  to  you  without  reserve.  You  asked  for  Texas.  It  was  said 
to  be  in  danger  of  lallhig  under  the  control  of  your  commei-cuil  ri- 
vals. It  was  necessary  to  yoar  safety.  You  said  it  would  become 
a  theatre  lor  the  intrigues  of  abolitionism.  Your  slave  population 
might  be  endangered  without  it.  We  united  with  you  again,  and 
gave  you  back,  by  legislation  and  arms,  what  you  had  lost  aqtiar- 
fer  of  a  century  befoi°e  by  diplomacy.  We  have  nowacquired  free 
territory.  We  ask  oii'y  that  it  may  remain  Iree.  Do  not  ask  us 
to  unite  with  ynu  in  extending  slavery  to  it.  We  abstain  Irom  all 
interference  wnth  slavery  where  it  exists.  We  cannot  sanction  its_ 
extension,  directly  or  indirectly,  where  it  does  not  exist.  And  i 
the  authority  of  the  United  Slates  is  exerted  lor  this  purpose-il 
slavery  is  carried  into  and  esiablished,  as  it  wi.l  be  by  tui^ 


sent  fears  for  the 
of  sustaining 


.  bill,  in 
the  territory  we  have  acquired— I  am  constrained  to  say— I  say  it 
in  sorrow— the  bond  of  confidence  which  unites  the  two  sections  ol 
the  Union  will  be  rent  asunder,  and  years  of  alienation  and  unkind- 
ness  may  iniervene  before  it  can  be  restored,  if  ever,  in  Us  w-onteU 
tenacity  and  strength.  Not  that  I  have  any  i 
integrity  of  the  Union.  I  have  not.  It  is  capaU 
far  luder  shocks  than  any  possible  settlement  of  this  q''^"'  "  <;*" 
give.  But  what  I  fear  is,  that  the  current  ol  reciprocal  kind  ess 
Ld  confidence,  which  runs  through  every  portion  ol  ^^^^—^^ 
tv  nervadinrr,  refreshing,  invigorating  all,  may  be  turned  out  ol 
fs' course,  and  forced  into  channels  to^v^iich  the  common  feeling  s 
d  in  which  it  may  be  converted  into  a  ounttim  of  biiier 
strife.  I  conjure  you,  then,  to  avoid  all  this.  Ajk  us 
not  to  do  what  every  principle  we  have  been  taught,  and  taught 
by  your  fathers,  to  venerate,  condemns  as  unnatural  and  unjust. 


sir,  in 
The 
outh,  put 
constitution  and 
the  law  as  it  now  is  applicable  to  the  territories  of  Oregon  and 
California.  If  thev  have  erred  in  judgment  and  iho  case  can  be 
fairly  tested,  theii  'hopes  are  gone  und  gone  forever.  My  honorable 
friend  from  New  York.  [Mr.  Dix,]  who  has  just  taken  his  seat, 
seems  to  think  that  this  bill  yields  lo  the  South  all  that  Ihcy 
ever  n«ked,  to  wit,  that  the  matter  remain  as  it  is.  Sir,  they  have 
asked  much  more.  They  have  asked  that  the  provisional  law 
which  excludes  slavery  from  Oregon,  shall  not  be  ratified  in  the 
bill  before  us.  The  South  has  asked,  furthermore,  that  by  acts  of 
affirmative  lerrislation  they  should  be  secured  the  privilege  of  taking 
slaves  to  New  Mexico  and  California.  This  bill  provides  in  sub- 
sianee  that  the  la«-  shall  remain  there  as  it  now  is,  putting  the 
South  upon  their  constitutional  rights  for  power  to  carry  their 
slaves  there  If  thev  have  erred  in  regnrd  to  the  law,  as  I  believe 
in  my  conscience  ihe'y  have,  and  the  matter  can  bo  fairly  gol  mto 
the  courts,  their  case  is  gone.  For  one  then,  I  am  disposed  to 
exempt  all  engaged  in  concocting  this  bill,  from  the  imputation  ol 
"skulking  or  dodging"  the  question  in  controversy;  and  more  par- 
ticularly  would  I  exempt  the  Senator  from  Vermont,  [Mr,  Phelps.] 
of  all  others  from  this  charge.  He  stands  in  a  position  which 
should  at  least  shelter  him  at  the  hands  of  friends  and  foes  from  all 

'"u  seerasTme,  too,  that  there  is  nothing  evasive  in  the  conduct 
of  those  who  distrust  litigation,  or  who  believe  there  may  poss,- 
I,  V  be  a  doubt  as  to  the  result,  or  who  think  it  expedient  at  once 
■•  nublic  law  to  end  the  question,  and  conceive  that  t  ongress  has 
the  rUt  to  do  so,  there  is  nothing  wrong  in  their  saying  to 
Conoress,  le-islatc  act  upon  the  subjecl  according  to  your  rights. 
I  feel  the'force  of  a  remark  made  by  the  Senator  Irom  \  ermon  . 
Betievin-,  as  we  do,  that  the  law  is  as  we  contend  lor  it,  to  wit, 


r':i:^V;cr^;;:;iy  b    ^mmcipal  law,and   there  bein^^ 

rwK±SL-lheV:,t^,n5^??^^^.^^ 


alien,  and 
ness   and 


n  m^b:  ^ho;;;;hTuu;^n;;,'lI^t-.he  tune  may  cotne  when  we 
It  may  ue,  luuu   u  of  sett  ement  has  not  been 

adopted      Still,  1  P™.1'"^°,'"',   %,.Ji  as,i„n   a   few   reasons.     In 
myselt   to   my   cons  .tuen.s    I    shall   as  .  ^^  ^^^  ^^^^      ^ 

doing  so,  I  address  my* 


3hairass;^e,  therefcre,  that   :^:^:;'^ ^^'^J^Z  T 
:et and  the'e^^^sttnce  otsUv^o"  is  'an  evil  ;  and";  in  the  second 


966 


THE  COMPROMISE  BILL. 


[Wednesday, 


place,  that  it  is  calculated  to  retard  the  growth  and  to  interfere 
wich  the  prosperity  of  any  country  where  it  may  fix  itself.  I  go 
into  no  argument  for  the  purpose  of  provmf;  these  positions.  If 
the  appear;;nce  of  those  lines  of  country,  bordered  upon  one  si^ie  by 
slave  and  on  the  other  by  free  institutions,  do  not  prove  it — if  the 
market  value  of  tiie  land  on  the  respective  sides  of  such  line  do 
not  prove  it — if  the  more  speedy  settlement  of  the  one,  as  com- 
pared with  the  other,  do  not  prove  it — if  the  more  productive  la- 
bor, man  for  man,  of  the  one  side,  as  compared  with  the  other,  do 
not  prove  it — no  system  o(  argument  can  prove  it.  If  it  be  not 
self  evident  that  a  system  which  alfords  to  Nabor  at  least  the 
chance  of  personal  reward,  and  the  hope  of  an  improved  condi- 
tion, be  not  better  than  that  which  holds  out  no  hope — which  says 
only  to  its  subjects,  eat,  drink,  and  die  '. — if  it  be  not  self-evident 
that  the  one  is  preferable  to  the  other  as  a  means  of  developing 
the  resources  of  a  country — I  repeat,  that  no  system  of  argumen- 
tation can  prove  it.  On  the  other  hand,  experience  warns  us  that 
all  this  discussion  upon  slavery,  upon  its  merits  or  demerits,  as  a 
moral  or  political  institution  ends  in  nothing,  except  in  exaspe- 
ratmg  and  destroying  the  kind  feeling  that  ought  to  exist  in  this 
chamber. 

Sir,  I  mean,  too,  for  the  purpose  of  my  vote,  to  assume  the  other 
position,  which  has  been  so  much  discussed  in  this  chamber,  to  wit, 
that  Congress  has  the  legislative  right  to  inhibit  the  introduction  of 
slavery  in  the  territories.  I  have  discussed  that  question  on  one  if  not 
on  two  occasions  before,  and  have  proved  it,  at  least  to  my  own 
satilaction  ;  and  other  gentlemen  who  have  discussed  it  around  me 
have  proved  it,  I  think,  to  the  satisfaction  of  the  world.  There 
has  been  nothing,  indeed,  in  tlie  course  of  my  legislative  experi- 
ence that  has  given  me  so  much  surprise  as  the  diversity  of  opin- 
ion whieh  I  have  found  suddenly  to  spring  up  upon  this  question — 
a  diversity  of  opinion,  separated  by  a  political,  or  rather  a  slave 
and  free  line.  I  have  found  able  lawyer.:*,  sound  jurists,  taking  one 
or  the  ether  side  of  this  question,  as  they  happened  to  be  Norih 
or  South  of  Mason  and  Dixon's  line  .'  It  is  a  melancholy  comment 
on  human  nature.  The  fault  must  be  on  one  s'de  or  the  other,  or 
perhaps  on  both  ;  but,  unfortunately,  the  fact  is  so.  But,  sir,  so 
far  as  precedent  or  as  judicial  a';thority  is  concerned — so  far  as 
adjudicated  cases  settle  anything — there  is  not  a  ease  or  a  dictum 
to  my  knowledge  which  sustains  the  position  that  municipal  law 
IS  not  necessary  to  protect  slavery,  or  that  you  have  not  the  right 
to  inhibit  the  introduction  of  it  into  the  territories.  And  I  am  now 
happy  to  understand,  if  I  am  able  to  understand  the  views  of  gen- 
tlemen who  favor  this  compromise,  that  they  practically  abandon 
the  principle  for  which  they  had  before  contended. 

It  had  been  arguerl  hero  by  the  Senator  from  South  Carolina,  by 
my  honorable  friend  before  me,  [Mr.  Berrie.n.]  and  by  other  Sena- 
tors of  the  South,  that  the  power  to  inhibit  slavery  in  the  territories 
does  not  exist.  Now,  what  is  this  law?  Do  you  not  here,  by  le- 
gislative act,  recognise  the  existence  and  validity  of  a  law  which 
excludes  slavery,  for  three  months  at  least,  from  the  territory  of 
Oregon?  Clearly  so.  And  if  it  can  be  done  for  three  months,  I 
need  not  say  it  can  be  done  for  a  thousand  years.  But  you  go 
further,  and  you  provide  that  the  territorial  legislature  may  re- 
enact  the  law. 

Mr.  CALHOUN. — [Remark  not  understood,  but  supposed  to 
dissent  from  Mr.  Dayton's  position.] 

Mr.  DAYTON. — And  does  th<)  Senator  from  South  Carolina 
represent  the  committee  as  holding  out  a  compromise  or  arrano-e- 
ment  which,  when  the  time  comes,  they  will  not  leel  themselves 
bound  to  keep  ;  thus  '•  keeping  the  word  of  promise  to  the  car,  but 
breaking  it  to  the  hope  ?" 

Mr.  CALHOUN.— Not  at  all.  The  committee  did  not  decide 
the  question  of  constitutionality. 

Mr.  DICKINSON.— Wo  did  not  suppose  that  a  legislative  act 
by  Congress  could  make  it  constitutional  or  otherwise. 

Mr.  DAYTON.— Exactly  ;  but  the  Senator  from  New  Y'ork 
and  the  Senator  from  South  Carolina  will  see,  that  if  they  vote  for 
the  continuance  of  the  local  laws  of  the  territory,  it  is  assumin" 
that  they  are  constitutional. 

Mr.  CALHOUN. — We  did  not  decide  whether  they  were  con- 
stitutional or  not. 

Mr.  DAYTON —Then  the  Senator  from  South  Carolina  and 
those  who  go  wich  him  are  just  in  this  position.  They  vote  for 
extending  a  law  now  in  existence  in  the  territory  of  Oregon  which 
they  believe  to  be  unconstitutional. 

Mr.  CALHOUN. — We  inserted  the  words  if  not  inconsistent 
with  the  constitution. 

Mr.  DAYTON. — Then  the  Senator  puts  himself  in  the  awkward 
position,  that  when  this  law  is  re-enacted  in  Oregon,  and  comes 
back  for  our  approval,  these  southern  gentlemen,  who  hold  out  to 
us  this  measure  as  a  means  of  settling  the  question,  will  turn 
round  and  say,  the  law  is  unconstitutional  and  vote  against  it  ! 

Mr.  DICKINSON.— The  court  may  say  otherwise.  We  do 
not  call  upon  the  courts  to  decide  for  us.  It  is  a  matter  aliunae 
the  question  of  slavery.  We  are  now  on  a  question  of  constitu- 
tional power. 

Mr.  CALHOUN.— [Not  heard.] 

Mr.  DAYTON.— Will  the  Senator  from  South  Carolina  be  good 
enough  to  answer  me  one  question  ?     When  this  law  comes  back 


from  Oregon,  forbidding  the  introduction  of  slavery,  do  southern 
gentlemen,  who  tender  this  measure  to  us  as  ^compromise,  mean 
to  sustain  it  ? 

Mr.  CALHOUN. — Soathern  gentlemen  are  perfectly  indifferent 
on  the  subject. 

Mr.  DAYTON  — The  Senator  does  not  answer  my  question.  I 
beg,  very  respectfully,  again  to  ask,  if  the  law  be  returned  here 
again  for  our  approval,  whether  the  Senator  from  South  Carolina 
with  his  friends  intend  to  vote  for  it  1 

Mr.   CALHOUN.— I  do  not. 
tional. 


I  believe  it  to  be  uaconstitu- 


Mr.  DAYTON. — I  have  at  last  got  my  answer  Then  let  me 
say,  that  this  action  of  the  committee,  so  far  as  it  applies  to  Ore- 
gon, amounts  to  nothing  ;  its  effect  will  only  be  to  delay  action 
upon  the  question,  and  thus  drive  us  round  and  round  in  a  circle. 
The  three  months  are  nothing;  for  after  the  law  has  been  re-en» 
acted  by  the  territorial  legislature,  and  southern  Senatois,  when 
the  law  is  returned  to  us  for  our  sanction,  are  aancd  to  sustain  it 
as  part  of  the  compromise  they  now  offer,  they  say  no,  we  cannot; 
it  is  unconstitutional. 

Mr.  CLAYTON.— If  the  Senator  from  New  Jersey  will  per. 
mit  me,  he  is  under  a  misapprehension.  He  seems  to  cntenain 
the  idea  ih^U  the  laws  of  Oregon  must  come  here  to  be  approved 
by  Congress.  The  gentleman  is  entirely  mistaken  in  this.  Con- 
gress  reserves  to  itself  the  jiower  to  disapprove  or  annul  the  law; 
and  unless  Congress  does  this,  it  remains  in  force.  The  afiirma. 
live  action  of  Congress  is  not  necessary  to  give  to  the  territoral 
enactments  the  operations  of  laws. 

Mr.  DAYTON. — I  do  not  think  so,  but  if  so,  it  is  a  mere  play 
upon  terms,  or  rather  an  evasion  of  the  point.  It  amounts  to  pre- 
cisely the  same  thing.  Any  person  in  Congress  can  raise  the 
question  for  affirmative  or  negative  question. 

Mr.  BERRIEN — If  the  Senator  will  allow  me  to  interrupt 
him,  the  difference  is  a  most  essential  one.  If  the  approval  of 
Congress  were  lequired  to  give  force  to  the  territorial  laws,  it 
would  require  the  concurrence  of  both  Houses,  and  ihe  Executive, 
but  since  the  law  is  valid,  unless  disapproved  by  Congress,  if 
either  House,  or  the  Executive,  refuse  to  disapprove  it,  the  act  is 
valid.  It  is  a  difference  of  one  to  three.  It  may  be  rejected  by  a 
union  of  the  three,  but  not  by  one  branch  of  the  legislative 
power. 

Mr.  DAYTON. — But,  sir,  are  we  to  remain  in  peace  under  the 
force  and  effect  of  this  compromise,  or  are  we  not  ?  It  would 
seem  that  the  Senator's  notion  is  that  it  merely  increases  our 
chances.  If  we  can  have  the  aid  of  our  southern  friends  for  the 
purpose  of  carrying  this  settlement  into  effect;  if  we  can  be  as- 
sured of  that,  then  there  will  be  something  effected  by  the  com* 
promise,  but  the  Senator  from  South  Carolina  says  we  cannot  have 
his  vote  on  this  question. 

Mr.  BERRIEN. — What  assurance  do  you  require? 

Mr.  DAYTON. — The  assurance  that  we  require  is,  that  they 
who  now  sustain  this  compromise,  will  here  announce  iheir  inten- 
tion, their  willingness  herealter,  to  sustain  all  laws  made  in  con- 
formity with  It.  Here  is  the  act :  the  26ih  article  requires  that 
■■  all  the  laws"  (of  the  territorial  legislature)  "  shall  be  submitted 
to  the  Congress  of  the  United  States,  and  if  disapproved,  shall  be 
null  and  void."  They  are  to  come  here  to  be  submitted  to  us  for 
what  ?  Why  for  action  in  some  way  ;  not  to  be  laid  simply  on 
your  Secretary's  table  and  never  afterwards  heard  of.  It  implies 
that  there  is  to  be  action  affirmative  or  negative  on  the  tul;iect ; 
but  whether  so  or  not,  if  they  be  submitted  here,  I  n.sk  again, 
whether  our  southern  friends,  who  now  hold  tut  to  us  the  olive 
branch,  may  not  move  that  negative  action  be  bad  against  this 
law  as  unconstitutional  ?  and  if  so,  will  you  sustain  the  law  <  If 
nut,  we  do  not  advance  one  step  by  this  bill.  1  thought,  in  the  in- 
nocence and  simplicity  of  my  heart,  that  this  matter,  being  settled 
upon  the  basis  of  what  you  call  a  compromise,  that  wlien  this  law 
had  been  returned  to  us,  there  would  be  no  further  difficulty;  that 
all  gentlemen  would  come  forward  to  its  support  i.i  conlormiiy 
with  the  provisions  of  the  compromise.  But  it  seems  I  was  mis- 
taken; and  if  so,  I  must  say,  there  is  less  in  the  compromise,  and 
in  the  action  of  the  committee,  than  I  had  originally  supposed. 

I  have  said  that  I  shall  assume  for  the  purpose  of  my  vote  at 
least,  that  slavery  is  an  evil;  and  that  I  shall  assume  also  the  right 
of  Congress  to  inliibit  its  introduction  into  the  territories.  Under 
these  circumstances  it  will  leave  the  question  of  such  inhibition 
one  of  mere  expediency.  And  here,  permit  me  to  say,  as  I  have 
said  before,  that  1  cannot  but  believe,  that  we,  by  our  excited  dis- 
cussions, have  been  instrumental — and  I  biy  it  not  as  a  sin  »o  one 
side  of  the  chamber,  rather  than  the  other — but  we  have  been  in- 
strumentul  to  a  groat  extent,  in  getting  up  a  factitious  excite- 
ment upon  this  subject.  1  believe  that  in  the  nature  of  the  question, 
there  is  no  serious  call  for  this  deep  feeling  which  it  is  said  pervades 
the  country.  No  man  pretends  to  believe,  that  slaveiy  can  ever  get 
into  the  teiritory  of  Oregon,  and  I  think  very  few  believe  that  slave- 
ry can  ever  to  any  considerable  extent  fix  itself  in  California.  That 
a  few  slaves  will  get  there  in  the  early  settlement  of  the  country, 
I  have  no  doubt  ;  but  that  slavery  will  ever  fix  itself  permanently, 
as  a  settled  institution  in  that  country,  I  do  not  believe.  From  all 
accounts  we  are  given  to  understand, that  it  is  physically  adapted  to 


July  26.] 


THE  COMPROMISE  BILL. 


967 


none  of  those  sources  of  industry  to  which  the  planting  States  de- 
vote themselves.  It  grows  no  cotton,  sugar,  tobacco,  or  rice- it 
is  a  srain  £;rowin<T  and  grazing  ooiintry.  Besides,  California  is 
quahtied  for  agriciillural  purposes  only  by  means  of  irrigation 
Ihroui^h  portions  of  the  year.  They  have  rains  there  for  six 
monihs,  and  drought  for  the  balance  of  ihe  year;  it  is  either  feast  or 
famine  wiih  them.  Tiio  growth  of  grain  or  anyihmg  else  by  pro- 
cess of  irrisation  is  not  calculated  for  slaves,  and,  in  my  judgment 
this  fact,  with  others,  will  forever  prevent  California  from  becoming 
permanenily  a  slave  State.  Still  I  am  not  disposed,  the  North  il 
not  disposed  to  take  the  chance  ;  we  are  not  disposed  to  leave  I  he 
country  open,  if  by  any  fair  act  of  legislation  we  can  shut  it 
against  the  admission  of  slaves.  But  we  are  here  mot  with  the 
general  charge  "gainst  the  North  of  aggression  upon  iho  rights 
of  the  South  ;  we  are  charged  heretofore  and  now  as  faithless  to 
our  compromises.  This  has  been  rung  in  our  ears  from  month  to 
monih,  and  from  year  to  year.  Sir,  1  deny  it  in  the  whole  and  in 
all  its  piirts  If  we  look  at  our  past  history,  we  will  see  that 
while  ilie  South  has  lately  made  immense  strides  in  the  acquisi- 
tion of  tonitory,  the  North,  the  free  North,  has,  in  comparison  at 
least,  made  none  at  all.  So  far  Irom  the  North  forsaking  her 
compromises,  they  have  always  remained  steadfast,  but  I 
cannot  say  the  same  for  the  South.  The  first  compromise 
on  the  question  ol  slave  territory,  as  I  have  on  a  prior  oc- 
casion said,  was  at  the  adoption  of  the  constituiion.  Then  the 
two  parties  in  this  country  had  before  them  the  ordinance  of 
1787,  and  the  North  and  the  South  saw  the  respective  por- 
tions of  country  to  which  free  labor  and  slave  labor  would 
thereafter  be  confined  ;  and  they  compromised  the  question  with  a 
view  to  the  state  of  things  which  was  then  before  them.  A  quar- 
ter of  a  century  passed  by  and  the  South  had  filled  up  all  its  slave 
territory,  when  with  a  southern  Executive  we  acquired  Louisiana — 
then  Florida — all  slave  territories.  This  opened  the  question 
anew  ;  but  alter  an  atritation  unparalleled  in  our  political  histo- 
ry, the  matter  was  again  settled  by  the  Missouri  compromise,  the 
lino  of  3ti''  30'.  The  North  has  not  now  one  solitary  foot  of 
country,  except  that  which  they  had  under  this  compromise  of 
1820. 

A  Senator. — We  have  Iowa. 

Mr.  DAYTON. — Yes,  sir,  and  wo  have  Oregon,  but  all  the  ti- 
tle that  we  have  now  to  either  of  them  we  had  then.  At  the 
time  of  that  compromise  we  had  all  the  couniry  we  have  now. 
But  another  quarter  of  a  century  passed  by,  and  the  South  again 
tilled  up  every  foot  of  territory  allotted  to  her  by  the  Missouri 
compromise  ;  not  an  acre  remained  for  the  further  spread  of  her 
institution.  Without  Texas  or  some  other  foreign  actiuisition,  not 
another  slave  State  could  have  been  added  to  the  Union  through 
all  time;  you  had  got  to  "'the  end  of  your  tether."  But  then,  through 
the  agency  of  another  slave  administration,  disregarding  past 
compiiimises,  you  annexed-  Texas.  And  on  that  oi-casion  i  felt 
assured  you  would  not  stop  there,  and  so  expressed  myself. 

1  then  put  myself  on  record,  (and  it  will  be  so  found  in  mv  printed 
remarks  ttien  made,)  I  ventured  my  character  with  posterity  upon 
the  prediction  that  the  South  would  never  rest  content  with  a  lira- 
it  this  side  of  the  Pacific  ocean.  Little  did  I  suppose,  that  less 
than  three  short  years  would  verify  the  pi-ophecy.  I  say  w-ith  all 
respect,  that  so  far  as  compromises  upon  this  question  of  free  and 
slave  territoi-y  are  concerned,  the  North  from  the  beginning  has 
stood  by  every  compromise,  whilst  the  South  has  stood  bv  none  ; 
as  soon  as  the  territory  allotted  to  it  by  past  compromises  was 
filled  up,  it  has  reached  out  its  hand  to  grasp  at  and  secure  more. 
And  yet  the  North  is  constantly  berated  as  faithless  to  its  compro- 
mises ;  as  aggressive  in  its  policy.  Never  was  there  a  more  un- 
just and  groundless  clamor;  and  yet  I  re/ret,  even  under  these 
circumstances,  that  this  question  of  slavery  is  now  here  ;  that  it 
IS  made  a  matter  of  excitement  in  the  country  at  large.  I  would 
have  been  willing  almost  (if  it  could  have  been  silently  done,)  that 
we  should  have  trusted  the  settlement  of  these  territories  to  the 
effect  of  natural  causes.  But,  sir,  we  are  here  in  the  midst  of 
this  excitement,  we  are  driven  to  vote  upon  the  question,  and,  as  I 
have  said  on  other  occasions,  whenever  1  am  foioed  into  a  position 
which  compels  me  to  vote  upon  a  question  involving,  or  seeming 
to  involve  slavery,  I  can  vote  but  in  one  way.  My  honorable  friend 
from  North  Carolina,  [Mr.  B.^dgeb,]  w-ho  so  eloquently  addressed 
the  Senate,  tells  ns  that  we  do  not  multiply  slaves  at  all  by  ex- 
tending them  over  these  territories  ;  that  it  is  a  mere  difTnsionnnd 
not  an  increase  of  slaves,  he  appeals  to  us,  asking  whether  w-e  de- 
sire that  they  shall  be  penned  up  with  their  negroes  until  squalid 
poverty  come  over  thein,  until  negro  and  while  man  shall  be  buri- 
ed In  one  common  grave  No,  no,  God  forbid  !  I  have  heard 
from  no  man  from  a  free  State  anything  that  looks  like  such  a 
position.  But  is  it  not  a  received  principle,  or  at  least  an  admit- 
ted fact,  that  a  frontier  population  will  increase  faster  than  one  in 
a  cron-ded  interior?  Is  it  not  certain  that  the  increase  of  the 
slaves  of  the  South  depends  much  upon  their  market  value?  I 
speak  it  with  all  respect,  but  do  or  do  not  masters  encourage  mar- 
riage on  their  plantations  to  a  greater  or  less  extent  with  refer- 
ence to  this  circumstance  ? 

A  Senator. — Not  at  all. 

Mr.  DAYTON. — Senators  from  the  South  certainly  kno-wmuch 
better  than  I  do  as  to  this  ;  but  will  they  say  to  me  that,  in  their 
judgment,  slaves  would  increase  as  fast  as  they  now  do  in  Virginia 
and  Maryland  if  there  were  no  such  outlet,  no  such  demand,  no 
EUoh  high  prices  I  Do  not  these  give  encouragement  to  a  multipli- 


cation of  slaves  ?  It  would  be  strange,  it  would  be  a  violation  of 
all  that  we  know  of  the  nature  of  things  if  this  were  not  so.  I 
take  it  for  granted,  that  their  numbers  will  increase  as  the  num- 
bers of  whites  increase,  which  is  in  a  degree  proportioned  to  the 
facilities  afforded  them  for  increase — the  ready  means  of  support 
and  their  market  value.  But  as  to  penning  them  up  until  the  Suuih 
shall  become  one  great  charnel  house,  no  man  with  the  leelings  of 
a  man  ever  dreamed  of  it.  But  as  the  countrv  of  the  South  is  yet 
sparsely  settled,  it  will  be  centuries  before  a'nything  of  the  kind 
could  occur.  But  again,  Mr.  President,  I  hold  that  there  hns  been 
undue  excitement  on  this  subject  at  the  North,  becaute  I  Iwlieve 
the  law  is  as  we  have  contended  that  it  was,  to  wit:  assuming  that 
there  is  no  slavery  now  in  Oregon  or  California,  slavery  cannot  b« 
introduced  there  without  municipal  law.  It  is  the  creature  of  the 
statute  book.  That  slavery  is  there  now  I  do  not  believe;  we  have 
had  the  law  of  the  Mexican  government  read  at  the  table,  declar- 
ing in  express  and  precise  language  that  no  slavery  shall  exist 
there.  It  has  been  suggested,  indeed,  that  the  system  of  peon  ser- 
vitude is  but  another  form  of  slavery.  If  I  understand  it  at  all,  ii 
consists  in  nothing  more  than  this,  that  the  creditor  has  a  personal 
lien  on  his  debtor  and  his  services,  to  the  extent  and  value  of  his 
indebtedness. 

Mr.  HANNEGAN. — And  upon  his  posterity. 

Mr.  DAYTON. — Well,  even  if  that  be  so,  it  does  not  consti- 
tute what  we  hold  to  be  slavery.  The  peon  or  debtor  can  work 
it  out  and  so  can  his  posterity;  it  is  a  mere  question  of  time. — 
Tho  Mexican  government  declares  by  public  law  thai  it  is  not  br 
it  regarded  as  slavery. 

I  repeat,  that  it  is  a  mere  lien  upon  the  personal  services,  the 
labor  of  the  debtor;  and  permit  me  to  say,  badly  as  it  has  been 
denounced,  it  is  not  worse,  nor  indeed  so  bad  as  that  law  which 
existed  in  England  and  in  many  of  the  States,  entitling  the  credi- 
tor to  seize  upon  the  body  of  the  debtor,  and  keep  hira  in  prison 
until  the  debt  was  paid.  He  had  not  the  privilege  nor  the  power 
indeed,  to  work  it  out.  Yet  I  need  not  argue  that  this  right  of 
seizure,  and  holding  of  the  body  of  the  debtor  constituted  no  sla* 
very  in  the  eye  of  the  law — nothing  of  the  kind.  If  a  man  owe 
one  dollar,  he  is  subject  to  this  «ystem  of  peon  servitude;  and  yet 
it  can  hardly  bo  pretended  that  this  debt  ol  a  dollar,  which  he  La* 
the  right  to  work  out,  can  make  him  a  slave;  and  althouab  the 
effect  may  be  dilierent,  the  principle  is  the  same  where  the  debt  in 
a  thousand 

The  Senator  from  Ohio,  [Mr.  Corwin,]  inquires  if  we  will 
permit  this  obnoxious  system  of  servitude  to  remain;  and  whether 
we  will  not  abolish  it  at  once  ?  With  this  system  rights  are  con- 
nected— contract  rights,  according  to  the  Mexican  laws,  and  ifaa 
wisdom  of  at  once  abolishing  even  this  system  of  peon  servitude, 
interwoven  as  it  must  be  with  the  social  rights  and  business  rela- 
tions ol  the  country — may  well  be  doubted.  It  is  suggested — and 
rightly  suggested — that  the  proper  mode  of  getting  clear  of  the 
system  will  bo  to  pass  a  law  upon  tho  subject  relating  to  future 
contracts.  But  that  is  not  now  the  question;  the  law  may  be  and 
doubtless  is  a  bad  law.  By  force  of  this  law  capital  may  tread 
labor  under  foot;  yet,  notwithstanding  this,  it  is  in  no  sense  of 
the  w-ord  slavery.  Slavery  does  not  exist,  therefore,  at  all  in 
that  territory.  If  a  man  take  a  slave  therefrom  a  slave  Stale,  he 
takes  hira  where  ho  cannot  hold  him;  he  loses  tho  power  over  him, 
and,  in  my  judgment, the  slave  becomes  free. 

Mr.  President,  I  may  have  asked,  and  with  some  pertinenoy, 
believing,  as  I  do  believe,  that  the  law  is  as  I  contend,  why  I  am 
unwilling  to  vote  for  this  bill  ?  I  will  tell  you  why.  I  am  unwill- 
ing, as  1  have  before  said,  to  go  upon  record  in  a  position  which 
makes  mo  appear  as  consenting  to  the  extension  of  slavery. 
Again,  I  am  unwilling  to  do  so,  because  I  may  be  mistaken  in  my 
judgment  as  to  what  the  law  is,  or  rather  what  it  may  be  de- 
cided to  be.  But  here  I  am  reminded  by  the  Senator  from  Ma- 
ryland, [Mr.  Johnson,]  that  our  action  wdl  make  no  difference, 
that  wc  will  have  to  leave  this  subject — as  a  constitutional  ques- 
tion— lor  ihe  Supreme  Court  of  the  United  States  lo  settle.  Be 
it  so,  but  it  is  left  to  be  settled  under  very  diffi-rent  circumstances 
if  we  pass  this  act  prohibiting  slavery,  or  pass  none  at  all.  The 
decision  of  the  Supreme  Court  may  be  very  well  one  way  witboat 
a  law,  and  another  way  with  it. 

Again,  sir,  I  am  op|iosed  to  this  bill  on  account  of  other  objec- 
tions on  the  face  of  the  bill.  In  the  organization  ot  these  territo- 
ries, we  know  little  or  nothing  of  the  population  of  California  or 
New  Mexico,  or  the  boundaries  of  either.  New  Mexico  is  a  mere 
fragment  of  a  territory — and  hardly  that — if  Texas  be  entitled  to 
the  boundary  of  the  Uio  Grande,  which  she  claims,  and  will  ulti- 
mately, I  presume,  obtain.  And  yet  under  these  embarrassing cir- 
cuiustances,  we  are  called  upon  nu-.v  to  organise  these  territories — 
while  there  is  nothing  in  the  nature  of  the  subject,  or  in  the  posi- 
tion of  the  territories  which  demands  action  now.  There  ii  no 
need  of  speed  upon  this  subject.  But,  again,  for  one,  I  feel  an 
utter  aversion,  an  invincible  repugnance  to  throwing  unnecessari- 
ly, the  decision  of  this  exciting  question  upon  the  Supreme  Court 
of  the  United  Slates.  Let  us  blow  off  our  own  political  steam, 
and  that  of  our  excited  constituents  if  we  can.  That  court  ii  the 
sheet  anchor  of  the  hopes  of  conservatism  in  this  country;  if  public 
feeling  be  excited — as  it  is  said  to  be — I  do  not  wish  unnecessarily 
to  see  that  court  s'agger  under  the  weight  of  this  question.  I  i:o 
riOt  want  to  see  that  court  forced  into  a  position  where  it  will 
have  to  decide  an  excitin-:  question,  having  fifteen  States  of  thii 
Union  upon  one  side,  and  fifteen  upon  the  other.    Drag  that  court 


968 


THE  COMPROMISE  BILL. 


[Wednesday, 


and  your  judges   into  this  scene  of  political  strife,  and  the  conse- 
quences may  yet  be  deplored  by  us  all. 

We  cannot  even  hop",  if  %ve  judsre  of  the  luiud  of  the  Supreme 
Court,  from  the  contrariety  of  opinion  we  have  had  here,  thai  there 
will  be  unanimity  upon  that  bench:  and  if  not  unanimity,  this  ques- 
tion will  be  tried  over  and  over  again.  Appointments  to  the  bench 
will  be  made  in  reference  to  tt.  You  will  then,  sir,  have  dragged 
this  tribunal,  our  last,  our  only  hope,  into  the  scene  of  political 
strife,  and  the  end  may  be  that  you  will  see  its  dead  body  fastened 
to  the  triumphant  car  of  one  political  party,  as  it  shall  ride  over 
the  prostrate  principles  and  down-trodden  battlements  of  the 
other.  Sir,  I  do  not  want  to  see  it.  But  again,  sir,  I  have  yet 
another  reason  which  operates  upon  rae  somewhat  in  reference  to 
this  question,  and  it  is  this:  I  have  before  me  the  instructions  of 
the  New  Jersey  legislature  upon  this  subject,  asking  that  all  ter- 
ritory to  be  added,  shall  be  made  free  territory  Now,  sir.  gen- 
tlemen around  me  well  know  that  I  am  no  believer  in  the  doc- 
trine of  instructions,  whether  they  come  from  my  political  friends 
or  foes.  But  I  do  not  hold  that  legislative  instructions  are  to  be 
entirely  disregarded.  I  do  not  hold  that  upon  a  question  of  doubt 
or  of  expediency,  that  they  are  not  entitled  to  a  respectful  consid- 
eration. Where  I  can,  without  violating  my  own  sense  of  duty. 
It  will  always  give  mo  pleasure  to  conform  my  action  to  the  sense 
of  my  State  legislature  as  I  do  now.  But,  sir,  let  this  matter  be 
determined  as  it  may,  whether  by  the  Supreme  Court  of  the  Uni- 
ted States,  or  by  any  other  tribunal,  legislative  or  judicial,  we  of 
the  North  represent  a  law-abiding,  peace-loving  people,  and  there 
will  be  no  threats  of  diEunion  from  us.  That  is  a  kind  of  talk,  pe- 
culiar, as  it  seems  to  me,  to  Congress;  we  hear  little  of  it  at  home. 
There  are  no  large  masses  of  persons  anywhere  who  contemplate 
anything  of  the  kind.  Yet  so  excited  and  perverted  are  the  minds  of 
some  here,  that  they  hold  the  Union  just  on  the  verge  ofdissolwtion. 
I  regretted  to  have  heard  a  few  days  since,  a  sentiment  proclaim- 
ed on  this  floor,  which  shocked  rae  beyond  measure.  We  were 
told  that  in  the  judgment  of  the  speaker,  if  the  knife  were  at  the 
throats  of  our  brethren  of  the  South,  no  help  would  come  from  the 
North,  provided  only  the  knife  was  in  the  hands  of  a  negro.  I 
hope,  sir,  I  misunderstood  the  meaning  of  the  speaker;  if  not,  from 
the  bottom  of  ray  heart,  with  my  whole  soul,  I  repudiate  the  sen- 
timent. In  the  Union  or  out  ol  the  Union,  here  or  elsewhere,  now 
or  hereafter,  they  are  our  brethren;  and  as  such,  though  in  pros- 
perity we  complain,  yet  in  the  day  of  their  adversity,  if  it  shall 
come,  they  will  Hnd  we  will  never  forsake,  never  desert  them. 

[IVIr.  UPHAIVI  addressed  the  Senate  at  some  length  in  opposi- 
tion to  the  bill.     His  speech  will  be  given  in  the  Appendix.] 

[Mr.  BELL  followed  in  opposition  to  the  bill,  and  argued  that, 
the  period  was  not  propitious  for  a  settlement  of  the  question,  in 
consequence  of  the  excitement  existing  and  the  unsettled  condi- 
tion of  the  public  mind.  A  report  of  this  speech  will  also  be  given 
in  the  Appendix.] 

Mr.  BERRIEN. — Mr.  President;  It  is  with  great  reluctance 
that  I  consent  to  occupy  the  time  of  the  Senate,  even  for  a  very 
brief  period,  at  this  late  hour  of  the  night,  and  after  so  long  and 
laborious  a  sitting.  In  doing  this,  sir,  I  yield  to  the  wishes  of 
others,  rather  than  consult  ray  own  inclination,  and  will  esteem 
myself  particularly  fortunate,  if,  after  the  very  discursive  debate 
which  has  taken  place,  I  can  recall  the  attention  of  the  Senate  to 
the  real  question  which  this  bill  presents  for  our  consideration. 
This  will  be  accomplished  in  the  simplest  manner,  by  recurring  to 
the  state  of  the  debate  on  the  Oregon  bill  at  the  moiuent  when  the 
select  committee  was  raised,  and  the  motives  then  openly  avowed 
as  influencing  the  Senate  in  raising  it. 

Sir,  we  had  before  us  a  bill  providing  for  the  government  of  the 
territory  of  Oregon,  in  which  there  was  contained  a  provision 
which  asserted  indirectly  the  power  of  Congress  to  legislate  on  the 
subject  of  slavery,  and  to  inhibit  its  existence  in  a  territory.  I 
advert  to  this  fact  as  well  for  the  purpose  of  recalling  it  to  the  re- 
collection of  the  Senate,  as  to  repel  an  assertion  which  has  been 
reiterated  in  the  course  of  this  discussion,  that  it  has  been  provok- 
ed by  the  South;  and  I  avail  myself  of  the  occasion  to  say  that 
such  an  imputation  is  entirely  inconsistent  with  the  fact.  A  brief 
reminiscence  will  prove  the  truth  of  this  assertion.  The  Territo- 
rial Committee  presented  to  us  a  bill  for  the  establishment  of  a 
government  in  Oregon,  and  S«;nators  pressed  upon  us  the  consider- 
ation that  the  condition  of  that  people  imperatively  demanded 
the  protecting  arm  of  this  government.  We  of  the  South  replied 
to  you,  give  to  Oregon  such  government  as  her  necessities  require, 
but  do  not  taunt  us  by  the  useless  assertion  of  a  power  which  can 
have  no  practical  operation  there.  The  provision  in  relation  to 
slavery  was  inserted  in  this  bill  for  one  of  two  pui  poses  :  It  was 
either  a  wanton  exercise  of  jiower  to  accomplish  no  legitimate  uh- 
jcot,  or  it  was  introduced  to  acquire  the  auihoritv  of  precedent  for 
the  exertion  of  tho  same  power  in  relation  to  New  Mexico  and 
California.  We  said  to  you,  omit  this  provision,  which  is  admit- 
ted to  be  useless  so  far  as  the  people  of  Oregon  are  concerned, 
and  you  may  pass  the  bill  with  whatever  speed  you  choose  to  give 
to  it.  Your  refusal  imposed  upon  us  the  necessity  of  moving  to 
strike  out  the  section  relating  to  slavery,  and  thus  the  discussion 
originated.  It  is  the  North,  then,  and  not  the  South,  which  must 
be  responsible  for  any  consequences  which  may  result  from  it. 

The  debate  proceeded,  and  various  discordant  propositions  were 
presented  to  the  Senate.  Northern  Senators  asserted  the  uncon- 
trolled, unlimited  power  of  Congress  to  legislate  for  the  territory. 
Wo  denied  the  existence  of  that   power  in   the  extent  which  was 


claimed  for  it.  They  maintained  that,  even  in  the  absence  of  le- 
gislation by  Congress,  slavery  could  not  exist  in  Oregon,  because, 
as  they  contended,  it  is  an  institution  contrary  to  nature,  existing 
only  by  statute,  and  therefore  necessarily  local.  We  questioned 
the  correctness  of  this  position;  but  we  said  to  our  opponents,  if 
you  have  confidence  in  your  opinion  that  slavery  cannot  exist 
where  it  is  not  protected  by  positive  statute,  act  upon  your  con- 
viction; forbear  to  legislate;  strike  this  provision  from  the  bill,  and 
it  will  pass  without  opposition  from  the  South.  Gentlemen  were 
unwilling  to  rely  upon  their  own  repeatedly  avowed  convictions. 
They  insisted  upon  legislating  where  they  asserted  that  legislation 
was  unnecessary,  and,  as  a  consequence,  therefore  admitted  that 
it  was  useless. 

In  the  midst  of  this  protracted  discussion,  the  Senator  from 
Delaware,  [Mr.  Clayton,]  actuated  by  motives  which  found  a 
cordial  response  from  a  majority  of  the  Senate,  proposed  to  raise 
the  select  committee,  the  result  of  whose  labors  is  before  you. 
And  now,  sir,  I  inquire  for  what  purpose  was  that  committee 
raised,  if  it  was  not  with  the  hope  of  avoidinij  this  exciting  dis- 
cussion on  the  subject  of  slavery  ?  If  we  could  have  anticipated 
the  rhetorical  displays,  alike  violative  of  truth  and  decorum,  which 
have  been  exhibited  in  this  discussion;  if  we  could  have  foreseen 
that  the  occasion  would  have  been  seized  upon  to  utter  denuncia- 
tions against  this  institution,  which,  if  true,  would  put  every  roan 
connected  with  it  beyond  the  pale  of  humanity,  what  motive  could 
we  have  had  for  consenting  to  raise  this  committee  ?  Sir,  I  had 
hoped,  I  continue  to  hope,  notwithstanding  the  opposite  iceling 
heretofore  manifested  in  this  debate,  that  tho  attention  of  the  Sen- 
ate will  be  directed,  not  to  cxtravagiint,  distorted,  unfounded  cal- 
umnies in  relation  to  slavery,  but  to  the  questions  presented  by  this 
bill — the  mode  of  conciliation  which  it  proposes. 

Mr.  President,  there  are  some  minor  objections  to  this  bill,  to 
which  I  will  first  very  briefly  advert.  It  is  said  that  the  bound- 
aries of  New  Mexico  have  not  yet  been  definitely  settled,  and  that 
until  this  is  accomplished  it  is  improper  to  establish  a  government 
for  that  territory.  Sir,  the  answer  is  a  plain  one.  The  terms  of  this 
bill  are  equally  applicable  to  that  territory,  whether  it  be  of  larger 
or  ofsmaller  dimensions.  Nay,  the  fact  of  the  existence  of  the  claim 
of  Texas  to  a  portion  of  New  Mexico,  furnishes  of  itself  a  strong 
reason  for  its  organization.  It  is  fit  that  tho  interests  of  the  Uni- 
ted States  should  be  protected  there  by  their  own  ofllcers,  and  that 
the  territory  should  not  be  left  in  the  anomalous  condition  in  which 
it  now  is. 

Again,  it  is  said  that  the  right  of  appeal  which  is  provided  by 
this  bin  is  illusory;  that  the  limitation  of  it  to  cases  where  the 
value  in  contiovery,  exclusive  of  costs,  exceeds  two  thousand  dol- 
lars, will  prevent  its  exercise  by  a  person  suing  lor  his  freedom. 
Sir,  if  Senators  will  examine  the  case  mentioned  by  the  Senator 
from  South  Carolina,  [Mr.  Butler,]  they  will  see  that  this  difB- 
culty  is  altogether  imaginary.  In  that  case  the  Supreme  Court 
decided  that  when  in  a  petition  for  freedom  the  appeal  was  taken 
by  the  petitioner,  the  requisition  as  to  value  did  not  apply,  because 
there  the  question  of  freedom  was  the  ground  of  the  appeal,  and 
that  could  not  be  appreciated  by  money;  but  where  the  defendant 
was  the  appellant,  as  bis  right  of  property  was  the  matter  in  con- 
troversy, it  must  be  of  the  money  value  required  by  the  act;  but, 
sir,  having  acquiesced  in  this  bill,  I  desire  to  see  its  provisions  fair- 
ly carried  out,  and  will  therefore  readily  assent  to  the  amendment 
suggested  by  the  Senator  from  Maryland,  [Mr,  Johnson,]  or  any 
other  which  may  be  necessary  to  accomplish  the  object. 

But,  again,  it  is  objected  that  this  is  an  evasion  nf  our  duty  ;  a 
transfer  to  the  Supreme  Court  of  a  responsibility  which  we  ought 
ourselves  to  assume.  Mr.  President,  this  is  a  misapprehension. 
Congress  forbears  to  exercise  a  duubtf'ui  power,  by  legislating  on 
this  subject.  It  leaves  the  conflicting  ehiims  which  have  given 
rise  to  an  exciting  discussion  in  this  chamber,  on  the  footing  on 
which  they  stand  under  the  constitution  and  laws.  When  a  case 
arises  under  these,  the  court,  in  the  e.xercise  of  its  appropriate 
jurisdiction,  will  take  cognizance  of  it  ;  but  this  would  be  equally 
true  if  you  were  to  legislate  on  the  subject.  Y'ou  will  not  deprive 
that  court  of  jurisdiction,  or  impose  it  upon  them,  by  legislatinj; 
or  by  refusing  to  legislate.  If  we  abstain,  it  is  because  experi- 
ence has  taught  us,  in  the  course  of  this  protracted  discussion,  that 
we  cannot  come  to  any  satisfactory  result  by  legislating  on  the 
subject  of  slavery  in  these  territories. 

And  now,  having  stated,  and  I  hope  satisfactorily  answered,  the 
minor  objections  to  this  bill,  1  proceed  to  present  my  own.  It  is 
by  no  means  acceptable  to  me,  sir.  If  I  had  been  free  to  choose, 
tho  rights  of  my  constituenlr.  should  have  been  placed  on  a  very 
different  footing.  The  fact  that  a  southern  planter  emigrating  to 
one  of  these  territories,  and  carrying  with  him  his  slave  property, 
is  liable  to  be  harassed  by  vexatious  litijjalion,  constitutes  a  seri- 
ous objei.-tion.  The  disposition  to  acquiesce  in  a  bill  containing 
such  a  provision,  is  an  evidence  of  the  strength  as  well  as  the  sin- 
cerity of  our  desire  to  adjust  this  unhappy  controversy.  I  liave 
yielded  my  assent  to  it,  from  the  consideration  that  a  decision  in  a 
single  case  would  settle  finally  the  principles  applicable  to  all  ; 
and  that  that  decision  may  be  promptly  had.  Questioning,  as  I 
do,  the  power  of  Congress  to  legislate  on  the  subject  of  slavery, 
the  provisions  in  this  bill  in  relatim  to  the  territory  of  Oregon  are 
by  no  means  noceptable  to  me,  and,  standing  alone,  would  not 
have  received  my  vote.  As  part  of  a  measure  of  peace  and  con- 
ciliation, they  are  presented  to  mo  in  a  ditlisrent  aspect.  I  know 
the  deep  interest  which  is  felt  on  this  subject — how  much  it  con- 
cerns us  all  that  it  should  be  amicably  adjusted.  In  the  history  of 
all  governments,  cases  have  occurred  which  were  not  contempla- 


July  26.J 


THE  COMPROMISE  BILL: 


969 


ted,  and  were  therefore  not  provided  for  by  the  organic  law.  This, 
I  think,  is  such  a  case,  and  feelinjr  that  the  safetv  of  tlie  people 
is  the  supremo  law  ;  that  the  continued  agitation  of  this  question 
may  endanger  the  peace  and  harmony  of  the  Union,  1  ya-ld  my 
constitutional  scruples  to  the  ardent  desire  which  I  feel  to  test  the 
efficacy  of  this  measure  as  one  of  peace  and  conciliation. 

Even  this  poor  hoon  we  are  not  permitted  to  accept.  The  Sen- 
ator from  Ohio  [Mr.  Corwin]  declares  that,  wiih  his  consent,  no 
southern  man  shall  he  allowed  to  emijjrale  to  any  one  of  llic  terri- 
tories of  iho  United  States,,  taking  wilh  him  liis  slave  property. — 
The  inhibition  applies  not  only  to  the  present,  hut  to  all  Culuro 
time  ;  not  merely  to  territory  already  acquired,  but  to  whatever 
may  be  acquired  hereafter.  Whether  the  acquisition  be  made  by 
conquest  or  by  purchase,  the  blood  and  treasure  of  the  Soulh  must 
be  contributed  in  their  full  proportion,  l)ut  all  right  of  participa- 
ting is  to  be  denied  to  them.  The  Senator  does  indeed  admit  that 
what  IS  acquired  by  rapacity  and  military  violence,  may  bo  subject 
to  distribution,  on  the  principle  of  "  honor  among  thieves" — ralli- 
er,  it  would  seem,  for  the  purpose  of  giving  scope  to  his  anathe- 
ma against  the  mode  of  acquisition,  than  from  any  deference  to 
southern  rights.  Nevertheless,  it  is  an  admission  which  authori- 
zes me  to  inquire  if  the  opinions  of  that  Senator,  as  to  the  mode  in 
which  the  territories  of  New  Mexico  and  California  were  acquired, 
have  undergone  change  ?  He  voted  with  me  in  favor  of  the  reso- 
lution which  I  submitted  to  the  Senate,  as  an  atuendment  to  the 
three  million  bill,  and  against  the  hill  itself.  He  voted  with  me 
to  strike  out  thai  part  of  the  boundary  in  the  treaty  with  Mexico 
which  gave  these  territories  to  the  United  States  ;  and,  failing  in 
these  modes  of  resistance,  he  voted  with  mo  against  the  treaty 
itself.  In  all  these  cases  we  asserted  that  the  object  of  the  ad- 
ministration was  to  coerce  Mexico  to  submit  to  this  dismember- 
ment by  the  terror  of  our  arms  ;  that  it  would  be  an  acquisition 
by  conquest,  which  was  alike  hateful  to  us  both.  Has  he  changed 
this  opinion  ?  Does  he  believe  now  that  these  territories  have  been 
fairly  acquired  by  purchase  ?  that  they  have  been  reely  yiolfded  by 
Mexico?  that  they  have  not  been  extorted  by  the  terror  of  our  arms? 
Or  does  he  still  believe,  as  he  was  wont  to  do,  that  they  have  been 
wrested  by  force  of  arms  from  a  feeble  republic — that  it  is  an  acqui- 
sition by  conquest  ?  If  so,  the  admission  of  the  Senator  destroys  the 
argument,  and  renders  quite  harmless  the  sentimental  and  vitupe- 
rative rhetoric  with  which  he  has  assailed  the  rigius  of  the  South. 

I  have  been  gratitied  by  the  reply  which  the  Senator  from  Ohio 
has  been  enabled  to  give  to  the  inquiry  addressetl  to  him  by  tlie 
Senator  from  Maryland,  [Mr.  Johnson,]  that  he  is  unconscious  of 
having  used  the  language  attributed  to  him  by  that  Senator,  and 
that,  if  used,  (as  it  certainly  was,)  he  now  disclaims  it.  Having 
entertained  sentiments  of  respect  and  good  will  for  the  Senator 
from  Ohio,  he  will  add  to  my  gratification  if  he  is  enabled  also  to 
disclaim,  or  willing  to  recall,  another  portion  of  his  remarks.  In 
speaking  of  slavery  as  it  existed'in  the  southern  Slates,  1  adverted 
to  the  affection  which  subsisted  between  the  colored  nurse  and  the 
child  committed  to  her  care.  The  Senator  was  pleased  to  speak 
of  that  portion  of  my  remarks  in  terms  of  eulogy,  and  as  having 
for  a  moment  beguiled  his  judgment  and  led  him  to  believo  that 
this  was  indeed  the  patriarchal  institution  wliich  it  was  represent- 
ed to  be.  He  proceeded  to  say  that  ho  was  awakened  from  his 
delusion  by  the  inquiry  of  the  Senator  from  Florida,  [Mr.  West- 
coTT,]  in  relation  to  the  power  of  the  territorial  legislatures,  un- 
der the  provisions  of  this  bill,  to  establish  patrol  laws,  wliieh,  ho 
said,  were  enacted  in  the  South  "to  prevent  these  aU'eetionate  nur- 
ses from  throttling  their  young  masters." 

Mr.  CORWIN.^ — I  did  not  suppose  the  Senator  I'rom  Georgia 
could  have  so  misunderstood  ray  meaning  in  the  manner  in  which 
I  presented  the  contrast  referred  to.  All  that  I  said  on  this  sub- 
ject was  to  present  the  necessity  of  watching  these  slaves,  m  the 
form  of  illustration,  in  a  playful  way. 

Mr.  BERRIEN.— Mr.  President,  I  leave  this  part  of  the  sub- 
ject with  a  single  remark  :  that  such  levity  was,  in  my  judgment, 
unsuited  to  the  occasion;  that  the  wit  which  sparkles,  is  that 
which  inflicts  no  wound,  and  that  calumny  is  not  divested  of  its 
odious  character  because  it  is  uttered  in  the  form  ol  sarcasm. 

Let  us  pass  to  the  consideration  of  the  more  important  grounds 
of  opposition  to  this  bill.  The  interests  which  it  involves  are  sec- 
tional, and  the  discussion  of  it  has  unhappily  become  so.  North- 
ern Senators  oppose  it,  because  it  surrenders  what  they  are  pleased 
to  denominate  the  rights  of  the  non-slaveholding  States,  while 
those  southern  Senators  to  whom  it  is  unacceptable  rest  their  op- 
position on  the  ground  that  it  surrenders  the  rights  of  the  South. 
Surely,  sir,  this  must  be  a  bill  of  very  singular  properties,  to  be 
open  to  such  directly  opposite  objections.  The  claims  of  the  North 
and  South  are  exactly  opposed,  and  yet  it  is  said  to  surrender  both. 
Now,  sir,  this  cannot  be.  One  class  of  disputants  or  the  other 
must  be  in  error.     In  my  judgment  they  are  both  so. 

To  my  southern  friends  I  desire  to  submit  this  simple  sugges- 
tion. The  bill  abstains  from  legislating  on  the  vexed  question  of 
slavery.  It  leaves  that  to  be  decided  by  the  people  of  the  territo- 
ries, when  they  are  in  sufficient  numbers  to  be  admitted  as  States, 
and  are  engaged  in  forming  their  State  eonsti'ulions.  In  the  mean 
time,  if  any  question  of  freedom  or  slavery  should  arise,  the  judi- 
ciary will  take  cognizance  of  it,  not  by  virtue  of  any  provision  in 
this  bill,  but  in  the  exercise  of  their  preexisting  jurisdiction-  All 
that  it  does  in  this  regard  is  to  speed  the  decision  of  the  case  by 
the  appellate  tribunal.  In  what  sense  this  can  bo  said  to  be  a  sur- 
render of  southern  rights  I  am  totally  at  a  loss  to  understand.  In 
a  government  like  ours,  that  which  'is  properly  called  a  right  is 
30th  Cong. — 1st  Session — No.  122. 


something  substantia] — capable  of  being  maintained  in  jadicatur? 
and  thereout — something  which  a  court  o(  justice  would  be  bound 
to  recognize.  To  say  that  we  have  no  right  which  the  highest 
judicial  tribunal  would  recognise,  is-  to  admit  that  we  have  no 
right  at  all,  but  such  as  Congress  may  be  pleased  to  confer  upon 
us — is  to  concede  in  its  whole  extent  the  argument  which  is  urged 
in  support  of  the  right  of  the  North  to  tho  exclusive  enjoyment  of 
these  territories.  Now,  sir,  I  do  not  entertain  this  opinion.  If  I 
did,  if  I  ihou^lit  that  in  strict  law  our  right  could  not  he  main- 
lained,  with  the  conviction  which  I  have  of  the  undoubted  eqmiy  of 
of  tho  claim  of  tho  South  to  participate  in  all  aecpiisiiions  made 
by  the  expenditure  of  the  coniraon  blood  and  treasure  of  all  the 
States,  I  would  have  remained  silent,  and  would  have  left  tho  ar- 
gument to  be  sustained  hy  ihose  who  were  to  profit  by  its  allow- 
ance. I  have  asserted  the  claim  of  the  Soulh,  and  I  am  not  will- 
ing to  return  to  my  constituents  and  tell  them  ihat  I  have  asserted 
that  claim,  but  had  not  sufficient  confidence  in  its  validitv  to  liust 
it  to  judicial  decision.  If  we  have  no  right  to  carry  uur  slaves  in- 
to these  territories  without  the  permission  of  Congress,  (and  that 
is  the  position  in  which  this  argument  places  us,)  we  may  abandon 
at  once  the  idea  of  having  any  share  in  them,  for  the  Missouri 
compromise  was  rejected  by  the  select  committee,  and  will  bo  by 
the  House  whenever  it  is  offered. 

But  let  us  examine  tho  argument  which  denies  this  right.  It 
runs  thus  : 

Slavery  exists  only  by  force  of  local  statutes,  and  is  not  protected 
beyond  the  limits  within  which  they  operate.  The  laws  of  a  con- 
quered country  continue  in  force  until  they  are  repealed  by  the 
conqueror.  Slavery  has  been  abolished  in  New  Mexico  and  Cali- 
fornia, anl  cannot  be  re-established  there  without  the  sanction  of 
Congress — by  the  repeal  of  the  existing  law,  and  the  enactment  of 
a  law  of  slavery. 

Now,  Sir,  it  is  not  true  in  point  of  fact  that  slavery  exists  or 
has  existed  only  by  force  of  local  statutes.  The  fact  has  been  as- 
sumed in  certain  judicial  decisions,  and  has  been  reiterated  here, 
but  it  is  contradicted  in  others,  and  is  utterly  at  variance  with  the 
historic  record  of  tho  original  States.  Whoever  will  consult  this. 
will  find  that  slavery  existed  in  all  the  colonies  before  any  law 
was  passed  to  authorize  it.  It  was  introduced  into  them  by  the 
cupidity  of  tho  molher  country,  (seeking  to  avail  herself  of  the 
profits  of  the  African  slave  trade  and  of  the  market  wliieh  the  col- 
onies afforded  for  the  sale  of  slaves,)  not  only  without  any  local 
law  to  authorize  it  but  in  tho  face  of  the  remonstrances  of  tho  col- 
onists, and  of  acts  passed  by  local  legislatures,  which  were  nega- 
tined  hy  the  royal  governors.  When,  in  process  of  time,  it  became 
ncccssarv  to  regulate  this  peculiar  class  of  people,  and  to  distin- 
guish between  those  who  were  free  and  those  who  were  slaves, 
such  laws  were  passed  ;  but  slavery  existed  long  anterior  to  their 
enactment.  The  ease  of  Georgia  is  striking  in  this  particular. 
That  colony  was  settled  in  1732,  under  the  govcrnmont  of  trustees, 
which  continued  for  about  twenty  years,  when  they  surrendered 
their  charter,  and  it  became  a  royal  province.  In  1735  the  trus- 
tees passed  an  act  prohibiting  tho  use  and  importation  of  negroes 
into  the  colony,  yet,  in  despite  of  this,  they  were  introduced  from 
South  Carolina  ;  so  that,  when  the  government  of  the  trustees 
ceased,  it  was  deemed  advisable  to  repeal  the  prohihitorj-  act. 
But  the  first  law  recognizing  the  existence  of  slavery  in  that  col- 
ony, was  passed  in  1770,  some  twenty  years  after.  Such,  on  ex- 
amination, will  bo  found  to  have  been  the  fact,  I  doubt  not.  in  all 
the  colonics.  There  is  an  express  recognition  of  it  in  a  case  decided 
in  Louisiana,  in  which  the  court  say  :  II  is  an  admitted  fact  that 
slavery  has  been  pcimittcd  and  tolerated  in  .ill  the  colonies  estab- 
lished in  America  by  the  mother  country.  .Vnd  again:  Slavery 
existed  in  the  colonies  long  before  any  legislative  act  of  the  mo- 
ther country  authorizing  their  introduction,  except  tho  charter  of 
the  African  company,  tmd  b»fore  any  colonial  act  had  passed  de- 
claring its  existence. 

In  a  case  decided  in  Virginia,  the  court  say  :  The  slavery  of  tho 
African  has  existed  from  the  time  of  bringing  them  into  the  colo- 
ny— ill  many  States  by  express  enactments  declaring  them  slaves, 
in  others  by  custom. 

In  Virginia  it  is  certain  that  slavery  existed  long  before  any  lo- 
cal laws  were  passed  to  authorize  it — nay,  notwithstanding  the 
provincial  leui.slature  attcnipted  to  impose  a  tax  which  would 
amount  to  a  prohibition  of  tlioir  importation  ;  and  so  little  founda- 
tion is  there  for  the  assertion  that  slavery  exists  only  hy  force  of 
local  statutes,  which  has  so  oflen  been  made  on  this  rtoor,  that  in 
the  case  from  Louisiana,  to  which  I  have  fiist  referred,  ihe  court 
say  :  It  may  be  laid  down  as  a  legal  axiom,  that  in  all  govern- 
ments, in  which  the  municipal  regulations  are  not  absolutely 
opposed  to  slavery,  persons  reduced  to  that  state  may  be  held 
in  it. 

:  The  foundation  of  tho  first  proposition,  tho  assumed  fact  on 
which  it  rests,  is  therefore  taken  from  it.  It  is  not  true,  as  we 
have  seen,  that  slavery  exists  only  by  force  of  loc:xl  statutes.  It 
existed  in  these  colonies  long  anterior  to  any  local  statute  in  rela- 
tion to  it.  Those  statutes  recognized  and  regulated,  but  did  not 
establish  it.  The  principle  stated  by  the  court  in  Louisiana,  to 
which  I  have  referred,  was  that  on  which  it  rested.  The  persons 
brouffht  to  the  colonies  by  the  African  company,  had  been  reduced 
to  slavery,  .according  to  the  laws  and  cnstoms  ol  their  own  coun- 
try, either  as  captives  in  war,  or  m  whatever  other  mode,  and 
there  being  no  municipal  reu'ulation  in  the  colonies  opposed  to  it, 
they  were^held  in  that  condition.  The  remaining  branch  of  this 
proposition,  that  slavery  cannot  exist  beyond  the  limits  of  the 
State  in  which  it  is  established,  I  will  consider  presently. 


970 


|THE  COMPROMISE  BILL, 


[Wednesday, 


The  next  ijroposition  stated  by  Senators  is  this  :  the  laws  of  a 
conquered  country  remain  in  force  until  they  are  altered  by  the 
conqueror.  It  is  not  necessary  to  deny  this  position,  but  it  is  de- 
sirable to  understand  it.  A  eountr}'  subdued  by  lorce  of  arms  is 
held  as  a  conquest  until  the  right  of  the  conqueror  is  acknowledijed 
by  a  treaty  of  peace,  or  until  so  lonf;  a  time  has  elapsed  as  to  de- 
stroy the  rifjlit  of  post  limine  of  the  nation  from  whom  ii  has  been 
wrested  by  force  of  arms.  If  it  has  been  yielded  in  the  treaty  ol 
peace,  the  terms  of  that  treaty  settle  the  condition  of  the  inhab- 
itanis.  Now,  that  New  Mexico  and  California  are  the  fruits  of 
conquest — that  Mexico  has  been  compelled  to  yield  them  by  the 
terror  of  our  arms,  and  for  the  preservation  of  hor  nationality — is 
a  proposition  which  I  do  not  doubt.  But  she  has  yielded  them, 
and  a  definitive  treaty  of  peace  has  settled  the  condition  of  their 
inhabitants.  They  no  longer  stand  upon  the  footing  of  a  conquer- 
ed people.  They  were  left  by  the  terms  of  that  treaty  free  to 
choose  between  Mexico  and  the  United  States.  If  they  had  ad- 
hered to  the  former,  they  would  have  continued  to  enjoy  the  bene- 
fit of  Mexican  laws  by  a  removal  to  some  other  part  of  Mexico. 
If  they  chose  the  latter,  they  became  at  once  entitled  to  the  priv- 
ileges of  citizens  of  the  United  States,  and  in  due  tiine  to  be  ad- 
mitted as  members  of  the  Union.  Can  those  privilef;es  be  enjoy- 
ed in  subservience  to  Mexican  laws  ?  A  citizen  of  the  United 
States  has  the  privilege  of  worshipping  God  according  to  the  dic- 
tates of  his  own  conscience.  The  laws  of  Mexico  prescribe  the 
only  form  in  which  that  worship  is  allowed.  A  citizen  of  the 
.United  States  is  entitled  to  his  personal  liberty  ;  his  lands  and  ten- 
ements, goods  and  chattels  are  liable  for  the  payment  of  his  debts, 
but  his  person  is  exempt.  For  nonpayment  of  a  debt  the  laws  of 
Mexico  subject  him  to  slavery,  which  can  only  bo  terminated  by 
the  certificate  of  the  creditor  that  the  debt  has  been  discharged. 
Are  Mexicans  who  havo  elected  to  become  citizens  of  the  United 
Stales  still  subject  to  these  laws?  Are  citizens  of  the  United 
States  who  have  emigrated  or  may  emigrate  to  these  territories 
to  be  subiected  to  them  ?  Who  will  affirm  this  ?  Let  it  bo  re- 
membered that,  in  no  one  of  the  eases  which  have  been  referred 
to  by  Senators,  was  the  question  we  are  considering  distinctly  in 
issue. 

The  opinions  on  which  they  rely  are  the  obiter  dicta  of  the 
learned  jud'j;es  who  uttered  them.  In  the  case  decided  by  Lord 
Mansfield,  the  question  was,  whether  the  King,  by  virtue  of  his 
royal  prerogative — that  is,  independent  of  Parliament — could  im- 
pose the  duty  or  tax  which  was  the  subject  of  controversy.  It 
was  a  question  of  British  constitutional  law,  and  was  the  only  one 
decided  m  the  case.  In  the  ease  of  Canter,  the  inquiry  related  to 
the  validity  of  a  decree  in  a  court  of  admiralty  in  Florida,  estab. 
lished  by  the  territorial  legislature,  under  the  authority  of  Con- 
gress ;  and  the  questions  which  it  was  necessary  to  decide  were 
the  right  of  this  government  to  acquire  territory,  and  the  conse- 
quent power  to  govern  it.  In  the  case  of  Strother  and  Lucas,  the 
point  decided  was,  that  the  inliabitants  of  Louisiana  were  enti- 
tled to  the  protection  of  their  properly,  as  well  under  the  treaty 
as  by  the  law  of  nations,  and,  in  determining  the  question  of  title, 
to  have  the  benefit  of  tnose  laws  under  which  it  accrued.  The 
distinct  question  whether  the  laws  of  a  country  which  is  acquired 
by  treaty,  incorporated  into  the  United  States  as  an  integral  por- 
tion of  it,  whose  inhabitants  are  declared  to  be  entitled  to  the 
privileges  of  citizens  of  the  United  States,  and  for  which  a  terri- 
torial government  has  been  established  by  Congress — the  question 
whether  those  laws  continue  to  exist  and  tooperate  prospectively, 
has  not,  I  thinlc,  been  decided.  In  relation  to  the  past,  they  are 
certainly  efi'^ctive  to  protect  rights  acquired  under  them  ;  but,  in 
relation  to  the  future,  the  laws  of  the  United  States  and  those 
made  by  the  territorial  legislature,  under  the  authority  delesated 
to  ihem,  are  the  only  recognized  laws  of  the  territor}'.  unless  Con- 
gress shall  otherwise  provide.  Accordingly,  in  the  act  establish- 
ing territorial  governments  in  Louisiana  and  Florida,  there  is  in  each 
case  an  express  provision  continuing  the  pre-existing  laws,  under 
certain  restrictions.  If  without  this  provision  they  would  have 
been  in  force,  why  was  it  made  ? 

But,  Mr.  President,  is  it  quite  certain  that  slavery  is  abolished 
in  Mexico  ?  I  do  not  now  speak  of  peonage,  or  white  slavery, 
but  of  that  of  the  African  race  ?  The  Senator  from  Rhode  Is- 
land, [iVIr.  Clarke,]  has  exhibited  the  decrees  of  the  Mexican 
President  and  Congress  of  the  15th  September,  1S29,  and  of  1S37. 
Now,  it  is  very  clear  that  slavery  had  not  been  abolished  by  the 
first  act,  or  there  would  have  remained  no  slaves  to  be  manumit- 
ted by  the  second.  And  yet  it  provides  that  "the  owners  of  slaves 
manumitted  by  this  (the  second)  act  shall  be  indemnified  lor  the 
interest  they  hold  in  them,"  &tc.  It  is  certain,  then,  that  there 
were  slaves  in  Mexico  in  1837,  notwithstanding  the  decree  abo- 
lishing slavei'y  in  1829.  The  truth  I  suppose  to  be,  that  these  de- 
crees were  acts  deelaratoy  of  the  will  of  the  government,  to  be 
carried  into  cllcet  wlicn  its  financial  condition  permitted.  They 
did  not  mean  to  deprive  the  owner  of  his  property  without  indem- 
nifying him.  Accordingly,  in  the  second  decree,  they  provide  f  r 
an  appraisement  and  the  Issue  of  scrip  to  the  owner,  payable  at 
the  Treasury.  This  appraisement  was  to  bo  made  by  "duly  con- 
sidering the  personal  qualities  of  the  slaves."  How  were  the  ap- 
praisers to  do  this  unless  the  slaves  were  produced  to  them,  and 
how  could  they  he  ]iroduced  if  they  became  Ireo  eo  instanti  on  the 
publication  of  the  decree,  and  before  the  appraisements  were 
made,  and  of  course  at  liberty  to  go  wherever  they  might  think 
proper.  I  suppose,  therefore,  looking  merely  to  these  decrees, 
ihav  the  abolition  of  slavery  in  Mexico  enacted  by  them  remains 
to  be  completed  by^^the  appraisement  of  the  slaves,  and  the  indem- 


nifieation  of  their  owners,  and  that  until  this  is  done  they  are  ino- 
perative, or  rather  their  operation  is  incomplete. 

And  now,  sir,  having  offered  to  the  Senate  such  suggestions  as 
occur  to  me  on  the  questions  we  have  been  examining,  I  turn  to 
the  consideration  ol  that  which  is  in  my  judgment  most  important 
— the  right  of  every  citizen  of  the  United  States  to  remove  with 
his  property,  of  whatsoever  kind,  to  any  territory  of  the  United 
States.  He  who  denies  this,  is  prepared  to  deny  the  right  of  all, 
to  participate  equally  in  that  which  has  been  acquired  by  the  uni- 
ted eflTorts  of  all;  to  assert,  as  a  legislator,  what  as  an  individual 
he  would  blush  to  affirm,  that  the  majority  of  a  joint  association 
have  a  right  to  appropriate  exclusively  to  themselves  the  whole 
gains  of  the  copartnership.  The  farmer  of  the  North  may  emi- 
grate to  these  territories  with  his  family  and  household  goods,  with 
his  apprentices  and  hired  laborers,  his  herds  and  his  flocks,  his 
property  of  every  description.  Why  is  not  a  like  privilege  accord- 
ed to  the  southern  planter?  I  am  told  that  negroes  are  not  pro- 
perty beyond  the  limits  of  the  States  in  which  the  owner  resides; 
that  beyond  those  limits  they  are  considered  as  persons,  over  whom 
the  owner  can  exercise  no  dominion.  Mr.  President.  I  have  before 
pointed  out  the  fallacy  of  this  position,  but  I  desire  again  to  ex- 
pose it  to  the  view  of  the  Senate.  Sir,  no  case  has  been,  no  case 
can  be  produced  to  sustain  it.  Certain.State  courts  have  alfirmed 
that  a  slave  brought  with  the  consent  of  his  owners  within  the 
limits  of  a  State  whose  laws  forbid  slavery,  thereby  becomes  free. 
The  correctness  of  these  decisions  may  well  be  doubted,  so  far  as 
they  apply  to  a  citizen  of  the  United  States  transiently  passing 
through  such  States,  not  resident  therein;  but,  waiving  this,  it 
must  he  obvious  to  every  Senator  that  they  fall  very  short  of  the 
position  which  they  are  adduced  to  maintain.  They  do  not  decide 
that  the  slave  becomes  free  by  passing  beyond  the  limits  of  the 
Stale  where  his  master  resides,  but  by  entering  within  the  limits 
of  a  State  whose  laws  forbid  slavery.  To  sustain  the  position 
which  is  contended  for  here,  it  is  necessary  to  produce  a  case 
which  decides  that  a  slave  becomes  free  by  passing  into  a  territory 
where  there  is  no  law  prohibiting  slavery — into  a  territory  which 
is  the  common  properly  of  all  the  people  of  the  United  States, 
whose  inhabitants  owe  a  common  allesiancc  to  a  government 
who.se  constitution  and  laws  do  not  prohibit,  but  expressly  recog- 
nize the  proprietary  interest  of  the  master  in  his  slave.  Such  a 
case  has  not  been  and  cannot  he  produced.  The  precise  converse 
was  decided  in  the  Supreme  Court  of  Louisiana,  in  the  case  to 
which  I  have  before  relcrred.  The  learned  judge  who  pronounced 
that  decision  stated  it  as  a  legal  axiom,  that  in  all  governments  in 
which  the  municipal  regulations  are  not  absolutely  opposed  to  sla- 
very, persons  reduced  to  that  State  may  be  held  in  it.  If,  then, 
the  abolition  of  slavery  has  not  been  completed  in  Mexico,  or  if, 
as  I  suppose,  Me.xican  laws  will  have  ceased  to  exist,  under  the 
provisions  of  the  treaty,  from  the  establishment  of  territorial  gov- 
ernments in  New  Mexico  and  California,  and  the  extension  of  the 
laws  of  the  United  Stales  over  them,  this  is,  then,  the  precise  case 
sug^fested  by  the  Supreme  Court  of  Louisiana,  in  which  persons 
pieviously  reduced  to  slavery,  may  be  held  in  it. 

I  have  said  that  slaves  lero  recognized  as  such  in  the  constitu- 
tion and  laws  of  the  United  Stales.  They  are  recognized  both  as 
persons  and  as  property.  As  persons  they  constitute  an  element 
of  representation,  giving  political  rights  to  their  owners  which 
they  would  not  otherwise  possess.  As  pi'operly  they  are  liable  to 
taxation,  and  have  been  subjected  to  it  whenever  you  have  resorted 
to  direct  taxes.  Your  laws  provide  lor  the  taxation  of  slaves,  and 
the  collection  of  the  tax  by  distress  and  sale,  by  your  olficer,  of  the 
slaves  so  taxed.  Under  the  operation  of  these  laws,  slaves  are 
now  held  who  have  been  purchased  from  your  officer,  under  war- 
rants issued  by  your  command.  They  have  been  sold  at  your  in- 
stance, and  the  proceeds  of  the  sales  have  been  paid  into  the  na- 
tional treasuiy.  You  are  daily  repealing  this  operation  by  the 
sale  of  slaves  under  executions  founded  on  judgments  recovered 
against  defaulting  officers.  Do  you  mean  to  deny  ihe  tille  which 
has  been  given  by  your  command,  under  the  authority  of  your  laws, 
while  you  retain  in  your  Treasury  the  price  of  the  slave? 

Again:  slaves  are  recognized  as  property  by  your  navigation 
laws.  You  provide  for  their  transportation  coastwise,  from  the 
port  of  any  State  to  "any  port  or  place  within  the  limits  of  the 
United  States."  You  require  certain  things  to  be  done  by  the 
owner,  and  theieiipon  your  olficer,  under  the  authority  of  law. 
grants  him  a  permit  to  transport  his  slave  expressly  to  any  port  or 
place  within  the  limits  of  tlio  United  States,  to  he  sold  as  a  slave, 
or  to  be  held  to  seiviee  or  labor.  Now,  consider  the  operation  of 
these  laws  on  the  question  before  us.  A  citizen  of  Savannah  hold- 
ing a  slave,  the  issue  of  one  purchased  by  him  from  your  olficer, 
under  a  sale  for  direct  taxes,  lor  which  he  has  paid  tlieprice  which 
you  hold,  goes  before  the  collector  of  that  port,  and,  having  com- 
plied with  ilio  requisitions  of  that  law,  obtains  from  him  a  permit 
to  transport  that  slave  to  Monterey,  a  port  or  place  within  the 
limits  of  the  United  States,  there  to  bo  sold  as  a  slave,  or  to  bo 
held  to  service  or  labor;  and  having  your  title  to  this  slave,  and 
you  having  his  money,  lie  has  also  your  permit  n  carry  him  there 
as  a  slave,  tell  me  what  authority  is  there  in  any  territory  of  this 
Union  which  can  override  and  nullify  that  of  the  supremo  govern- 
ment on  which  it  depend,-.,  and  Irom  which  it  derives  whatever 
power  it  )  ossesses?  Holding  a  title  to  this  slave,  given  by  vonr 
officer  under  the  authority  ol  your  laws,  while  llio  price  wliicli  he 
has  paid  yet  remains  in  the  national  Treasury — having  your  per- 
mit to  carry  him  there  to  be  sold  as  a  slave,  or  to  be  held  to  ser- 
vice or  labor,  what  authority  in  that  territory,  over  which  you  have 


J0LY    2G.] 


THE  COMPROMISE  BILL. 


971 


oxclnsive  doininion,  can  wrest  from  the  owner  the  richt  which  he 
hns  thus  aecjiiired  to  tlic  labor  and  service  of  this  slave? 

Mr.  BRADBURY,— Mr.  President  :  I  do  not  propo-.e  to  tres- 
pass  long  upon  the  atteniionnf  thu  Senate  at  this  late  hour  of  the 
eveninor.  After  an  uninterrupted  session  of  more  than  twelve 
hours,  followinfT  the  protracted  one  of  yesterday,  the  Senate  is 
too  much  fatigued,  and  I  find  myself  too  much  exhausted  to  enter 
upon  a  general  discussion  of  the  very  important  subject  now  under 
consideration. 

[Mr.  UNDERWOOD  here  interposed,  and  desired  the  Senator 
to  give  way  to  a  motion  to  adjourn;  and  the  same  desire  was  ex- 
pressed by  several  other  Senators.] 

Mr.  BRADBURY  continued:  I  do  not  think  it  advisable  to 
give  way  for  the  motion,  as  it  is  well  understood  that  it  has  been 
determined  to  bring  the  discussion  to  a  close  before  any  adjourn- 
ment, and  the  motion  has  already  been  voted  down  once  or  twice 
by  the  friends  of  the  bill.  I  shall  endeavor  to  be  very  brief.  It 
was  my  intention  to  have  considered  the  subject  somewhat  at 
length,  but  I  feel  constrained  to  content  myself  with  a  statement 
of  some  of  the  reasons  for  the  vote  that  I  shall  give,  and  some 
notice  of  the  points  I  had  intended  to  discuss  more  fully. 

I  have  examined  the  bill  before  the  Senate  with  some  care,  and 
I  regret  that  I  am  unable  to  give  it  my  assent.  I  regret  that  I 
am  unable  to  concur  in  opinion  with  many  friends  in  whoso  judg- 
ment and  patriotism  I  have  great  eonliJence.  I  regret  ihat  I  am 
nnable  to  assent  to  the  vievTs  of  the  committee  who  undertook  the 
diffienlt  task  of  devising  the  mode  of  adjusting  the  questions  which 
divide  the  Senate  and  the  country. 

I  wdl  now  refer  to  some  of  the  provisions  of  this  bill  and  proceed 
at  once  to  notice  ray  objections  to  it. 

The  bill  provides  a  territorial  government  for  Oregon,  with  the 
usual  legislaiive  assembly  to  bo  chosen  by  the  inhabitants,  and  re- 
cognizes and  arives  force  to  the  existing  provisional  laws  until  three 
months  after  the  meeting  of  the  first  assembly.  Amonsst  their  laws 
is  one  embracing  the  6th  section  of  the  ordinance  of  1787. 

In  California  and  New  Mexico  the  legislative  power  is  vested 
in  the  judges,  governor  and  secretary,  all  appointed  by  the  Presi- 
dent, and  the  inhabitants  have  no  representation  or.  voice  in  the 
government,  and  there  is  no  provision  against  the  admission  of  sla- 
very into  either  of  the  territories. 

This  bill  avoids  the  great  question  that  has  been  discussed  here, 
and  instead  of  presenting  it  for  onr  action,  it  leaves  the  subject  of 
slavery  in  the  territories  acquired  from  Mexico,  to  turn  upon  the 
decision,  by  the  court,  of  another  and  did'erent  question.  The  great 
question  which  has  engaged  the  atteniion  of  the  Senate  for  so  ma- 
ny days,  related  to  the  power  of  Congress  to  legislate  on  the  sub- 
ject of  slavery  in  the  territories.  This  power  was  assorted  on  one 
side  and  denied  on  the  other.  The  question  has  been  examined 
with  great  care,  and  discussed  with  the  ability  which  its  import- 
ance demanded,  and  I  hoped  that  the  Senate  were  prepared  to  act 
upon  it,  and  would  have  had  an  opportunity  to  do  so. 

2.  The  question  presented  by  the  bill  is  a  new  and  different 
question.  It  is  whether  slavery  can  go  into  the  territories  in  the 
absence,  and  not  in  the  face  of  a  law  of  Congress  against  it.  This 
question  has  thus  far  occupied  but  little  attention,  and  been  but 
little  discussed.  It  was  presented  to  us  near  the  close  of  last 
week  in  its  present  aspect,  since  Vfhich  there  has  not  been  much 
time  to  investigate  it,  and  dill'erent  opinions  are  entertained  by 
distincuished  members  of  this  body  in  regard  to  it,  and  of  llie  pro- 
bable decision  of  the  court  upon  it.  The  Senator  from  Vermont, 
[Mr.  Phelps]  contends  tvith  great  force,  that  slavery  cannot  en- 
ter these  territories  without  afiirinative  legislation  to  authorize  it. 
The  Senator  from  Georgia  [Mr.  Berrien]  has  just  closed  an  elo- 
quent speech  in  answer  to  the  argument  of  the  Senator  from  Ver- 
mont, and  in  support  of  the  position  that  any  citizen  of  the  United 
States  has  a  right  to  remove  into  any  territory  belonging  to  the 
United  States,  with  what  is  recognized  as  properly  in  his  State, 
and  hold  it  there.  I  have,  sir,  great  confidence  in  the  Supreme 
Court,  and  in  what  I  believe  would  be  held  to  be  the  law  upon  this 
subject  ;  but  I  do  not  feel  authorized,  on  behalf  of  my  constituents, 
to  hazard  the  fate  of  these  territories,  so  far  as  that  may  be  affec 
ted  by  the  admission  or  exclusion  of  slavery,  upon  tlie  decision  of 
this  intricate  question  of  law.  We  leave  the  subject  without  the 
aid  of  any  legislation.  This  is  precisely  the  ground  claimed  by 
the  advoca"es  for  the  extension  of  slavery  into  the  territories.  Po- 
sitive, affirmalive  legislation  was  not  asked.  The  distineuished 
Senator  from  South  Carolina  [Mr.  Calhoun]  expressly  disclaim- 
ed asking  it  in  the  debate  on  the  Oregon  bill. 

3.  The  bill  is  no  compromise  in  respect  to  the  territories  ac- 
quired Irom  Texas.  Tlie  dec'sion  of  ihe  court  would  determine 
the  character  of  the  whole.  One  side  would  triumph  and  the  oth- 
er tail  as  to  all.  and  this  under  the  expectation  of  compromise. 

4.  It  would  lead  to  great  disappointment  in  one  portion  of  the 
Union  or  the  other,  and  would  keep  the  country  in  a  state  of  sus- 
pense until  the  question  was  settled — the  ardent  in  each  portion 
hoping  to  have  secured  all  its  claims. 

5.  It  would  throw  upon  the  court  a  subject  appropriately  per- 
taining to  our  duteis  here,  and  which  Congress  should  settle.  It 
would  transfer  to  the  Supremo  Court  the  responsibility  and  the  in- 
terest connected  with  such  a  question,  and  throw  upon  it  a  great, 
and,  perhaps,  fatal  burden.  It  mi<;ht  be  regarded  as  involving  po- 
litical power,  and  any  decision  would  be  bkely  to  weaken  confi- 
dence in  the  judiciary  in  one  part  of  the  Union  or  the  other. 

The  bill  is  not,  as  X  fear,  calculated  to  allay  the  existing  excite- 


ment, but  would  probably  increase  ft.  It  will  he  seen  abroad  that 
diUercnt  opinions  are  entertained  heroin  regard  to  it.  Agitators 
at  the  North  will  represent  there  that  northern  interests  are  all 
sacnhced.  and  the  whole  country  lost  to  them.  Agitators  at  the 
South  will  take  the  opposite  ground,  and  fan  up  the  Qame  of  ex- 
citement thera. 

Another  objection  to  the  bill  of  sufficient  importance  to  deserve 
notice  IS,  that  il  does  not  respect  the  wishes  of  the  inhabitants  of 
the  territories.     Our  first  proffer  of  the  benefits  of  our  free  institu- 
tions to  a  people  recently   hostile  and  strangers  to  us,  should  be 
such  as  to  inspire  confidence  and  secure  attachment.     Our  own 
citizens  who  have  gone  there  are  accustomed  to  the  exercise  of  the 
privi  eges  of  an  American  citizen.     There  should  be  some  chan- 
nel through  which  the  grievances  that  may  arise  from  the  exercise 
of  great  powers  by  a  few   men  administering  a  government  in  a 
distant  territory,   may  be  made   known  here.     The  people  should 
have  a  voice  in  the  government. 

In  regard  to  Oregon,  the   people  have  shown  how  capable  they 
are  of  sell-government,  by  those  provisional  institutions  w-hich  they 
have  established   and   maintained,  and  to  which  they  have  ylcldecl 
their  assent,  in  the  absence  of  that   protection  which  it  has  long 
been  the  duty  of  Congress  to  extend  in  them. 

They  have  sent  here,    then,   provisional  and  fundamental  lawi, 
and  petitioned  Congress  to  ratify  and  confirm  ihcm.     One  of  these 
laws  embraces  the  sixth   arlicle  of  the  ordinance  of  1787.     They 
desire  that  it  should  be  made   permanent.     Instead  of  complying 
with  this  request,  the  bill  gives  vitality  to  their  laws  for  only  three 
months  after  the  first  meeting  of  the  legislative  assembly.     It  Is 
true,   that  legislative  power  is  siven  lo   this  assembly,  subject   to 
the  revision  of  Congress,  but  why  is  it,  that  these  laws  estoblished 
by  the  people,  under  the  authority  of  the  provisional  trovernmcnt, 
should  survive  for  so  limited  a  period,  instead  of  remaining  in  force 
uniil  they  should  iio  changed  by  the  proper  authority? 

I  desire  here  to  call  the  attention  of  the  honorable  chairman'  of 
the  committee  to  certain   defects  in  the  24th  section  of  the  bill,  in 
reference  to  securing   the  benefits  of  the  writ  of  habeas  corpus, 
which  may  be  obviated  by  an  amendment.     ••••••• 

This  hill  must,  as  I  think,  fail  to  commend  itself  to  the  enlightened 
judgment  of  the  country,  and  I  trust  that  somethias  more  satis- 
factory can  be  found  and  adopted. 

Having  glanced  at  some  of  the  prominent  objections  to  this  bill, 
I  wish  here  to  notice  the  course  of  remark  which  some  Senators 
have  felt  it  incumbent  upon  them  to  pnrsue  in  reference  lo  llie 
people  of  the  northern  Slates.  Allusion  has  been  repeatedly  made 
to  the  existence  of  an  aggressive  spirit  in  the  free  States  against 
the  South.  And  the  honorable  Senator  from  Georgia,  [Mr.  Johk- 
soN,]several  days  ago,  called  upon  the  North  "  to  come  up  to  the 
constitution,  and  yield  obedience  to  its  mandates;"  and  the  Sena- 
tor's argument  seemed  desij^ncd  to  show  that  niiless  the  institution 
of  slavery  should  bo  allowed  to  extend  over  the  territories  we  have 
acquired,  the  mandates  of  the  constitution  would  be  set  at  de- 
fiance. 

I  lake  the  occasion  here  to  remark  that  my  constituents  enter- 
tain no  aggressive  spirit;  and  have  no  desire  that  an  aggressive 
policy  should  be  pursued  towards  any  portion  of  the  Union.  They 
are  attached  to  the  Union.  Their  business  relations  connect  them 
with  nearly  every  portion  of  it.  They  desire  its  perpctuiiy:  and 
thej'  wish  that  just  and  efjual  policy  to  be  pursued  which  is  the 
surest  basis  of  that  perpetuity.  For  myself,  I  will  say  that 
I  am  amongst  the  last  to  desire  a  course  of  aggression- — 
Satisfy  me  that  a  measure  involves  such  a  principle,  or  that  it  is 
in  conflict  with  the  letter  or  spirit  of  the  constitution,  and  I  repu- 
diate It.  That  instrument  recognizes  ihe  existence  of  slavery  in 
the  States,  and  all  external  interference  with  it  there,  is  a  viola- 
tion of  the  constitution — dangerous  to  the  harmony  of  the  Union. 
The  rights  that  arc  secured  to  the  citizens  of  a  State,  those  citi- 
zens should  be  permitted  to  enjoy  peaceably,  and  free  from  moles- 
tation. Such  is  the  sentiment  of  the  great  body  of  the  people  of 
the  State  which  I  have  the  honor  in  part  to  represent  here. — 
The)'  give  no  countenance  to  abolition  schemes,  which  infringe 
upon  this  principle.  They  have  no  sympathy  with  them.  Aboli- 
tionism, whatever  there  is  of  it,  is  fed  and  kept  alive  by  the  fanat- 
icism of  a  few  ultraisls  of  the  South  as  well  as  the  North.  The 
general  feeling  amongst  the  masses  of  the  people  is  sound  and 
fraternal.  There  is  no  desire  lo  interfere  with  those  rights  which 
the  constitution  has  so  wisely  placed  in  other  hands. 

But  the  claim  to  extend  the  institution  over  all  the  territories  of 
the  United  Slates,  now  free  from  it,  presents  a  different  question 
from  that  of  mainiainins  the  rights  secured  by  the  guaranties  of  the 
constitution.  These  questions,  resting  on  different  principles,  and 
giving  rise  to  other  responsibilities,  are  so  unlike,  they  cannot  be 
confounded  by  any  one  capable  of  appreciating  a  distinction. 

The  allusion  to  the  existence  of  an  aggressive  spirit  has  been 
introduced  in  the  debate  upon  this  and  the  Oregon  bill— bills  to 
organize  territorial  governments;  and  it  would  seem,  for  this  rea- 
son, to  be  supposed  to  have  a  direct  bearing  upon  the  policy  that 
has  been  adopted  in  respect  to  previous  acquisitions  of  territory  by 
the  United  States.  Now,  sir,  what  has  .been  the  policy  ?  I  wish 
to  call  aitention  to  it,  and  to  examine  it  for  a  moment,  not  with 
the  view  of  exciting  feeling,  but  to  meet  the  charge  of  aggression, 
and  place  the  people  against  whom  it  is  made  in  the  position 
whicli  they  in  truth  occupy  upon  this  subject. 

Has  an  aggressive  policy  been  pursued  towards  the  slavebolding' 
St'ates  in  the  disposition  of"  the  territories  acquired  since  the  adop- 
tion of  the  constitution  down  to  the  present  day  ?  Let  tis  look  at 
the  facts.    Let  us  examine  the  history  of  past  acquisitions.    The 


972 


THE  COMPROMISE  BILL. 


[Wednesday, 


first  acquisition  after  the  adoption  of  the  constitution  was  Louis- 
iana, in  1803.  Four  States  formed  out  of  this  territory  have  been 
admitted  into  the  Union — three  slaveholding  and  one  free.  I  am 
aware  that  there  is  a  large  extent  of  territory  embraced  in  this 
purchase,  which  will,  in  time,  be  formed  into  States  yet  to  be  ad- 
mitted. This  fact  is  not  to  be  overlooked,  nor  its  tendency  to  cor- 
rect the  inequality  which  would  otherwise  exist  in  the  apportion- 
ment of  the  piirchiise.  The  next  acquisition  was  that  of  Florida, 
from  which  we  have  one  Slate  only,  and  in  that  the  institution  of 
slavery  is  established. 

We  come  now-  to  the  annexation  of  Texas,  a  country  of  dimen- 
sions ample  for  an  empire,  and  capable  of  sustaining  a  population 
of  millions.  One  State  has  been  admitted,  and  four  more  are  to 
come  into  the  Union  as  soon  as  they  shall  have  the  requisite  popu- 
lation. By  the  constitution  of  Texas,  the  institution  of  slavery  is 
established  over  the  whole  This  provision  may  be  modified  by 
the  resolution  of  admission,  so  far  as  it  relates  to  the  unimportant 
strip  of  land  situate  north  of  36°  30',  and  it  does  not  affect  the 
general  view  of  the  question.  These  are  our  acquisitions,  since 
the  adoption  of  the  constitution,  over  which  we  liave  extended  our 
laws.  From  them,  .six  States  have  come  into  the  Union,  Louis- 
iana, Missouri,  Arkansas,  Florida,  Texas,  and  Iowa,  in  all  of  which, 
with  a  single  exccjition,  the  peculiar  institutions  of  the  South  are 
established.  The  free  States  have  added  one,  the  slaveholding 
States  five,  thus  far,  from  all  our  acquisitions  of  territory.  Now, 
sir,  I  ask,  do  ihe.^e  facts  indicate  the  pursuit  of  an  aggressive 
policy  bv  the  former  ?  Is  it  to  be  said  that  they  refuse  to  stand  by 
the  guaranties  of  the  constitution,  and  are  encroaching  upon  the 
equal  rights  of  the  other  States  ?  On  the  contrary,  have  wo  not  a 
right  to  point  to  the  past  as  furnishing  evidence  of  a  liberal  and 
generous  spirit  ?  To  appeal  to  it  in  triumphant  vindication  from 
any  chargeof  encroachment  ?  We  will  not  believe  that  onr  south- 
ern brethren  desire  a  monopoly  of  the  territories.  It  was  but  yes- 
terday that  we  united  to  acquire  Texas — a  country  probably  ca- 
pable of  sustaining  a  larger  agricidtural  population  than  Oregon 
and  California.  I  do  not  undervalue  the  importance  of  these  ter- 
ritories to  the  United  States.  They  give  us  seventeen  degress  of 
latitude  on  the  Pacific  coast,  with  some  of  the  best  harbors  in  the 
world.  They  exclude  any  other  nation  from  planting  itself  upon 
the  western  slope  of  this  continent  and  oontroling  the  trade  of 
the"ocean  that  separates  it  from  Asia.  They  contain  fertile  val- 
leys, some  of  them  amongst  the  most  beautiful  to  be  found  on  the 
globe.  Bat  the  vast  ranges  of  mountains,  and  the  barren  wastes 
which  characterize  a  portion  of  the  country,  must  limit  the  popu- 
lation which  would  otherwise  spread  over   so    extensive   an    area. 

The  acquisition  of  California  and  New  Mexico  has  resulted 
from  the  war  into  which  we  were  forced  in  the  defence  of  Texas. 
This  great  country  has  been  added  in  the  scale  of  the  slaveholding 
States.  Were  there  no  other  and  higher  considerations  to  be 
weighed  than  a  regard  to  an  equitable  division  of  acquired  terri- 
tory between  these  States  and  the  free  States,  should  this  disposi- 
tion of  Texas  be  forgotten  t  Texas  was  received  with  her  insti- 
tutions as  they  were.  The  trilling  exception  is  too  unimportant 
to  be  Jioticed.     Slavery  existed,  and  it  was  allowed  to  remain. 

The  territories  recently  ceded  to  us  by  Mexico  are  now  free. 
We  know  the  repugnance  with  which  the  institution  is  regarded 
there.  The  question  arises  and  presents  itself  for  us  to  deter- 
mine, whether  we  should  disregard  the  feelings  and  wishes  of  the 
inhabitants,  and  force  upon  them,  against  their  consent  what  is  re- 
garded by  a  large  portion  of  the  Ameneau  people,  as  a  social, 
moral,  and  political  evil,  or  preserve  the  territory  as  it  is,  free. 
It  is  contended  however,  that  the  southern  Slates  would  be  ex- 
cluded from  a  parlicipalion  in  the  territories  by  the  exclusion  of 
slavery  therefrom.  Let  us  examine  this  subject  of  exclusion.  No 
citizen  from  one  portion  of  the  Union  is  any  more  excluded,  than 
from  another.  Any  citizen,  from  any  portion,  can  remove  into  the 
territory  and  settle  there,  and  all  have  equal  rights.  Nothintr  is 
prohibited  to  one,  which  is  not  prohibited  to  all.  All  may  lie  pro- 
hibited from  carrying  there  a  certain  species  of  property,  and  all 
prohibited  alike.  Citizens  in  every  part  of  the  Union  own  pro- 
perty, which  is  as  cllcctually  excluded  by  its  character,  as  if  it 
was  (lone  by  positive  law.  This  fact  docs  not  debar  them  from 
removal  into  the  territories,  nor  from  a  participation  in  their  en- 
joyment. 

It  is  unques'ionably  true,  that  the  prohibition  Would  operate 
practically  to  prevent  citizens  of  some  Stales  from  removing  into 
the  lerritories,  who  would  otherwise  go  there.  And  there  is  ex- 
clusion on  the  other  side,  to  be  considered  in  this  connection.  The 
admission  of  slavery  would  also  practically  operate  to  exclude 
many  citizens  from  other  Slates,  who  would  otherwise  remove  in- 
to the  same  territories.  The  former  policy  would  exclude  those 
who  desire  to  go  into  them  to  etiltivate  the  soil  by  the  labor  of 
others.  The  hitler,  those  who  wish  to  culli\ale  it  by  their  own 
hands.  Cull  it  a  ])rejudice,  if  you  will,  it  is  none  the  less  opera- 
tive, that  the  free  laborers  of  the  North  have  a  repugnance  to  labor 
by  the  side  of  the  slave.  Labor,  with  thorn,  is  honorable  ;  and 
they  have  too  much  independence  of  feeling  to  place  themselves 
where  it  is  associated  in  their  minds  wiih  degradation.  If  tlicy 
emigrate,  they  will  not  go  where  ihcy  suppose  they  may  be  ex- 
posed to  the  loss  of  social  position.  They  seek  a  home,  not  for 
themselves  only,  but  lor  their  children.  They  seek  to  secure  for 
them,  rank  and  respectability  in  society  ;  and  it  is  for  this,  that 
they  sever  the  tics  that  bind  them  to  their  early  homes.  The 
practical  exclusion  from  the  territories,  of  this  class  of  our  citi- 
zens, is  justly  entitled  to  consideration,  as  well  as  that  to  which 
the  attention  of  ihe  Senate  ha?  been  so  eiiipluaiviiHy  and  repeat- 


edly called.  The  free  laborers  of  the  country  have  the  right  to 
claim  that  they  should  not  be  forgotten.  When  we  are  asked  if 
slavery  is  to  bo  pent  up  by  the  east  bank  of  the  Rio  Grande,  it 
may  be  well  to  enquire  into  the  comparative  extent  of  territory 
which  these  two  streams  of  emigration  have  yet  to  supply  with 
inhabitants.  The  free  States  probably  contain  at  this  lime  from 
eleven  to  twelve  millions  of  people,  and  cover  an  area  of  less  than 
five  hundred  thousand  square  miles.  The  slave  States  with  a  po- 
pulation of  less  than  nine  millions,  have  an  area,  including  Texas 
with  her  enlarged  boundaries,  not  much  short  of  ten  hundred  thou- 
sand square  miles.  The  habitual  increase  of  population  in  the 
former,  combined  with  the  large  and  increasing  iinigration  from 
abroad,  nearly  all  of  which  goes  there,  create  an  annual  demand 
for  free  territory  which  will  exhaust  the  supply  at  quite  as  early 
a  day  as  slavery.  I  must  be  permitted  here  to  remark,  that  the 
question  we  are  now  considering,  is  in  another  aspect  of  it,  a  new 
question.  It  relates  not  to  restriction,  but  to  the  extension  of  the 
institution  of  slavery  over  territory  now  free.  The  ordinance  of 
1787,  adopted  by  the  fathers  of  the  republic,  secured  restriction 
where  the  institution,  prior  to  restriction,  had  a  legal  exisienco. 
The  Missouri  compromise  did  the  same.  It  related  to  territory 
similarly  situated,  and  provided  that  all  beyond  a  certain  line 
should  be  free.  All  the  territories  embraced  in  this  bill  are  now 
free,  and  it  is  for  us  to  determine  how  far  this  feature  in  their  cha- 
racter shall  be  changed. 

Mr.  President,  it  is  a  great  work  which  commands  the  atten- 
tion of  the  Senate.  It  is  a  responsible  duty  that  is  devolved  upon 
Congress.  Providence  has  placed  in  our  hands  the  power  to  in- 
fluence or  control  the  destiny  of  the  future  States  which  are  to 
arise  on  the  shores  of  the  Pacific.  We  are  deliberating  upon  the 
structure  of  their  political  fabric.  We  are  engaged  in  shaping  the 
frame  work,  and  laying  the  foundation  of  their  government.  Our 
action  must  affect  for  an  indefinite  period,  the  social  and  political 
condition  of  the  future  millions  that  are  to  fill  the  valleys  and 
spread  over  the  hills  of  this  broad  region. 

What,  sir,  should  be  the  great  and  controlling  principle  that 
should  guide  us  in  laying  the  foundation  of  a  government  for  these 
future  States  ? 

I  answer  ;  the  general  good  of  the  people  to  be  governed — their 
prosperity  and  happiness. 

While  we  respect  our  own  powers,  and  are  careful  not  to  tran- 
scend them,  and  to  do  no  injustice  among  ourselves,  we  should  not 
forget,  but  should  have  constantly  before  us,  the  interest  of  the 
people  for  whom  we  are  to  provide  a  government.  For  this,  the 
world  will  hold  us  responsible.  The  people  who  are  to  occupy 
these  territories  will  hold  us  responsible.  Posterity  will  hold  us 
responsible.  We  cannot  evade  the  enquiry,  what  institutions  are 
best  calculated  to  develope  the  resources,  and  secure  the  prosper- 
ity of  these  territories' 

But  it  has  been  contended  that  Congress  does  not  possess  the 
power  to  control  the  domestic  institutions  of  the  territories.  It  is 
too  late  an  hour  for  me  to  go  fully  into  the  discussion  of  this  ques- 
tion, and  I  shall  content  myself  with  a  few  observations. 

The  question  is,  has  Congress  the  power  to  establish  govern- 
ments for  the  territories  of  the  United  States,  and  to  regulate 
within  them  by  its  legislation,  matters  of  local  and  domestic  con- 
cern. 

This  power  must  necessarily  exist  somewhere,  and  is  it  to  be 
found  in  Congress?  or  do  the  inhabitants  of  the  lerritories  possess 
it  ?  Have  the  peojile  of  a  territory  belonging  to  the  United 
States,  the  sovereignty  over  such  territory  ?  If  they  have,  it  is  a 
power  which,  from  its  nature,  they  can  exercise  as  they  choose. 
It  is  the  supreme  power.  Could  they  not  refuse  its  exercise  in  su- 
bordination to  the  interest  of  the  IJnited  States,  declare  them. 
.selves  independent,  or  transfer  this  sovereignty,  thus  possessed  by 
them,  to  a  foreign  State  ? 

In  the  case  of  territory  unoccupied  and  without  inhabitants, 
would  the  first  settler  who  entered  upon  it  carry  with  him  the  so- 
vereign power  over  it,  dispossess  the  government,  and  transfer  it 
to  himself?  Would  the  first  ten,  or  tiie  first  thousand?  The  in- 
quiry needs  no  answer.  How,  then,  can  they  acquire  this  power, 
until  it  is  bestowed  upon  tliem,  or  wrested  by  them  from  the  gov- 
ernment in  wliich  it  IS  vested  ? 

But,  sir,  does  it  follow  from  this  view  of  the  subject  that  the 
people  of  a  territory  should  not  be  consulted  in  regard  to  the  reg- 
ulations by  which  they  are  to  be  affected,  and  that  all  power  to 
participate  in  providing  and  establishing  the  laws  by  which  they 
arc  to  be  governed  should  be  withheld?  Not  at  all.  The  enter- 
prising pioneers  who  go  forth  from  the  States  into  the  territories, 
are  men  of  that  discernment  and  that  knowledge  of  the  ciiaraetar 
of  our  institutions  which  will  enable  them  to  decide,  more  accurate- 
ly than  we  can.  in  regard  to  ilieir  necessities  and  the  regulations 
adapted  lo  their  condition.  It  is  not  only  the  part  of  wisdom,  but  I 
hold  it  to  be  due  lo  them  and  to  the  principles  by  which  we  profess  to 
be  ETuidcd,  that  their  will  should  be  respected  and  their  voice  heard. 

Where,  then,  is  the  power  lo  legislate  for  the  territories  of  the 
United  States,  and  lo  extend  the  protection  of  a  government  over 
them  ?  It  is  in  Congress.  It  is  now  an  admitted  principle  that 
the  government  of  the  Union  possesses  the  power  lo  acquire  terri- 
tory cither  by  conquest  or  treaty.  Whether  the  povver  to  govern 
the  territory  thus  acquired  is  derived  from  the  express  grant  of 
power  in  the  constitution,  or  is  a  necessary  incident  to  the  power 
of  acquiring,  carrying  with  it  the  duty  and  the  right  to  govern,  it 
may  not  bo  material  to  determine,  so  long  as  the  power  is  found 
to  exist.  It  must  exist  where  it  is  capable  of  being  exercised  to 
moct  the  necessities  of  its  existence.    Wo  have  seen  that  it  does 


July  26. | 


THE  COMPROMISE  BILL. 


973 


not  reside  in  tlie  people  of  ihe  territory.  It  is  not  in  the  States. 
The  only  delegation  of  power  upon  the  subject  given  by  the  oon- 
stitution,  i.s  to  Congress.     In  article  4,  section  3,  it  is  declared, 

E\"  The  Congress  shall  Iiavepowpr  to  dispose  of. -ind  make  all  nt-L-tiful  RutES  and  RK- 
atiLATlONS  respecting  the  territory  or  oilier  properly  helonping  lo  the  United  Stales." 

In  article  1,  section  8,  the  power  is  conferred  upon  Congress, 

"  To  make  all  laws  whii-h  may  be  necessary  and  proper  for  carrying  into  eflecl  all 
powers  vested  bv  the  constitution  in  the  govcruincnt  of  the  United  Slates,  or  in  any 
tieparlineDt  or  officer  thereof." 

It  has  been  contended  that  the  provision  of  the  constitution  to 
which  I  have  first  referred,  extends  tlie  legislative  power  of  Con- 
•rress  no  further  than  the  subject  of  property  is  concerned  ;  that  it 
is  limited  to  makins;  rules  and  regulations  for  the  territory  as  land, 
and  does  not  include  legislation  over  persons.  The  object  for  which 
this  power  was  conferred  was  not  merely  to  accumulate  money,  to 
raise  a  revenue  by  the  sale  of  the  public  domain.  It  was  to  have 
the  land  settled  ;  to  spread  over  it  a  poiiulaliun  ;  to  build  up  pros- 
perous and  (irderly  coiumunilies  under  the  regulation  of  proper  au- 
thoritv.  to  the  end  lluit  they  should  become  States  of  the  Union. — 
This  was  the  object  ;  and  Congress  can  make  those  rules  and  reg- 
ulations which  are  needful  to  secure  the  great  and  controlling  pur- 
pose for  tlie  accomplishment  of  which  the  power  was  conferred. 
It  can  do  more  than  to  make  rules  and  regulations  respecting  the 
soil.  It  call  extend  its  protection  to  the  inhabitants,  and  give 
them  a  government.  Congress  has,  then,  uailcr  this  provision  of 
the  constitution,  the  power  to  govern — a  power  that  implies  dis- 
cretion in  its  possessor.  That  discretion  may  be  exercised  in  re- 
gard to  the  adoption  of  laws  for  the  regulation  of  the  municipal 
and  political  atlairs  of  the  inhabitants,  while  they  art;  aeiitiiring 
the  requisites  for  admission  into  tl.e  Union.  It  is  a  discretion  of 
the  only  legislative,  the  exclusive,  and,  therefore,  the  sovereign 
power  over  the  territory. 

If  derived  from  the  other  source,  as  an  incident  to  the  right  of 
acquisition,  the  power  of  Congress  is  alike  exclusive  and  sovereign; 
for  by  the  very  act  of  cession  of  a  territory  to  tile  United  Stales, 
all  pt-evious  legislative  power  beooines  extinct,  and  the  sovereignty 
is  transferred  to  the  government  that  aciinircs.  Indeed,  a  valua- 
ble acquisition  might  be  made,  when  the  government  eouid  ac- 
quire no  title  to  projierly.  and  nothing  but  bare  sovereignty. 

I  admit  that  this  power,  although  exclusive,  is  not  unlimited. 
It  is  not  contended  that  Congress  has  authority  to  do  in  a  territo- 
ry what  is  prohihited  by  the  constitution.  It  cannot  deny  the  free 
exercise  of  reliaion,  noV  abridge  the  freedom  of  speech,  nor  grant 
titles  of  nobility,  nor  rightfully  do  any  thing  which  would  disqutil- 
ify  a  territory  from  becoming  a  State,  thereby  defeating  the  )uir- 
pose  for  which  the  power  was  given. 

It  is,  however,  the  sovereign  power.  The  act  establishing  a 
territorial  .government  is  a  full  and  explicit  exercise  of  sovereign- 
ty. Political  privileges  are  conferred  and  civil  rights  determined 
and  secured.  The  right  of  representation  in  a  legislative  council 
or  assembly  ;  the  qualification  of  members  and  electors  ;  regula- 
tions.in  regard  to  the  descent  and  conveyance  of  property  ;  laws 
for  the  protection  of  persons  and  property,  and  for  the  punishinent 
of  crime  ;  the  right  of  trial  by  jury,  and  the  benefit  of  the  writ  of 
habeas  corpuf — ihe.so  may  be  found  contained  in  the  bills  for  the 
organization  of  territorial  governments,  which  Congress  has  p.ass- 
ed^t  different  times.  As  an  incident  to  the  general  legislative 
power  over  a  territory.  Congress. can  judge  what  laws  are  ncces- 
sarv  and  proper  for  its  government,  subject  to  the  restrictions  of 
the' constitution.  It  follows  from  these  positions,  as  an  inevitable 
consequence,  that  this  power  extends  to  the  subject  of  slavery  as 
a  domestic  institution,  or  Congress  can  regidate,  control,  or  ex- 
clude it,  as  shall  be  deemed  luost  conducive  or  necessary  to  the 
general  welfare.  No  one  can  point  to  any  provision  of  the  consti- 
tution which  restricts  Congress  from  so  doing.  It  is  the  regula- 
tion of  a  subject  which  pertains  to  local  legislation— in  a  State,  to 
its  legislature  ;  in  a  territory,  to  Congress— which  has  the  sole 
power  of  local  legislation  there. 

Citizens  of  the  States  who  remove  into  a  territory,  become  sub- 
ject, with  their  property,  to  its  laws.  They  cannot  carry  with 
them  the  municipal  regulations  and  different  and  conflicting  codes 
of  their  respective  States,  and  substiluto  them  for  these  laws.— 
The  prohibition  is  no  denial  of  the  right  to  share  in  the  eoranion 
property  ;  it  is  merely  the  regulation  of  the  mode  ol  enjoying  it ; 
and  it  can  be  enjoved  alike  by  the  North  and  the  South,  subject  to 
this  retrulation.  Nor  is  it  a  violation  of  thi;  equal  rights  ol  the  cit- 
izens o(  each  and  every  State.  They  all  stand  on  terms  ol  exact 
equality,  and  the  same  prohibition  applies  to  the  citizens  ol  oveiy 
State  o'f  the  Union,  and  the  same  privileges  are  extended  lo  all. 

I  will  now  refer,  sir,  to  some  of  the  many  acts  ol  Congress,  lor 
the  purpose  of  exhibiting  the  extent  of  its  power  over  the  lerrtto- 
rics  by  legislative  precedents.  Without  reading  the  atithorilies 
this  evening,  I  will  cite — 

The  ordinance  for  the  governmen_t  of  the  northwest  territory, 
adopted  under  the  confederation  in  HSJ. 


the  act  of  17S9,  confirming  and  giving  effect  to  tne  ordinance. 
The  act  of  ISIO,  establishing  a  territorial  government  lor  Indi- 
ana, and  embracing  the  provisions  of  the  ordmanee. 

The  act  of  ISOo,  doing  the  same  in  regard  to  Mielngan. 

The  act  of  180!).  doing  the  same  in  regard  to  Illinois. 

The  acts  of  1836,  and"  1838,  giving  governments  to  Wisconsin 

^°To°tlie'  act  of  March  6,  1820,  providing  for  the  admission  of 
Missouri  into  the  Union  as  a  State,  and  eontaming  a  section  by 
which  slavery  was  prohibited  iu  all  that  part  of  the  Louisiana  pur- 


chase, excepting  that  State,  which  was  north  of  36°  30'  north  lat- 
itude. 

To  the  act  of  1S04,  dividing  Loaisiana  into  two  territories,  and 
providing  lor  their  government. 

In  this  act  there  were  provisions  in  respect  to  slavery,  which 
fully  and  emphatically  recognized  the  power  of  Congress  over  that 
subject  in  a  territory. 

the  importation  of  slaves  from  anv  place  without  the  limits  of 
the  United  States  was  prohibited.  This  was  the  assertion  of  a 
ptiwer  in  respect  to  territories  which  Congress  did  not  then,  and 
would  not  for  four  years,  possess  in  respect  lo  the  Slates.  Sec.  9, 
art.  1,  of  the  constitution  provides  that — 

"  The  migration  or  inij>orlation  of  huch  pcrion*  as  any  of  Uie  ^liit(.«  now  ftlien)  *t- 
iNting  shall  think  |iro|ier  to  ndniit  shall  not  l>e  prohibited  by  Ihe  Coopreu  \thoi  lo  tiu> 
year  one  thousand  eight  hundred  and  riglit." 

Not  only  so,  but  this  act  also  contained  prohibitions  against  the 
admission  of  slaves  from  any  place  within  the  limits  o(  the  United 
States,  excepting  in  certain  specified  cases. 

I  forbear  further  references,  as  no  multiplication  of  them  can 
give  any  additional  force  to  the  arguments  derived  from  this  source. 
It  is  sulfieient  to  say,  that  the  precedents  are  numerous  and  uni- 
form, and  extend  through  a  period  of  more  than  half  a  century. 

The  rightful  exercise  of  this  power  has  been  sanctioned  and  con- 
firmed by  the  expositions  of  the  most  learned  jurists  and  the  au- 
thority of  our  highest  courts. 

Story  on  the  Constitution  says  : 

"  No  one  has  ever  doubted  tin*  authority  of  Conptw*  lo  erect  lerrilirtiaj  goreronienl" 
within  Ihe  leirilories  ol  ihe  I'liited  Slates  under  the  peneial  lanj-uage  of  the  claus*- 
*  to  make  all  needful  rules  and  re-;ulations.'  Indeed,  with  the  onlinance  of  IT**?  in 
Ihe  very  view  of  Ihe  framen*  as  w  ill  as  of  Uie  people  of  Ihe  Jslatf.*,  il  li  inipowible  Iu 
tloubt  that  such  a  |»ower  was  deemed  iudis|>ensable  to  Ibe  purposes  of  the  cessions 
nuade  by  the  States," 

"  The  power  of  Congress  over  the  public  territory  is  clearly  exclusive  and  ooivef. 
sal,  and  tlieir  leBislalion  is  subject  to  uo  control ;  but  is  absolute  and  unlimited  nnla> 
so  far  as  il  is  aflectcti  by  stipulations  in  cessions  or  by  Uic  oidiuance  of  17t<T,  under 
which  every  part  of  it  lias  been  scUleJ." 

In  Rawle  on  the  Constitution,  page  237,  the  principle  is  as- 
serted,  that  "a  general  jurisdiction  appertains  lo  the  United  States 
over  ceded  territory," 

In  1  Peters,  S42,  the  American  Insurance  Company  vs.  Canter. 

Chief  Justice  Marshall  says  : 

''"  Perhaps  the  jiower  of  covcrninj  a  teirilory  belonfinglo  the  I'niterl  Piuin.  »liich 
has  not,  by  becomins  a  Slate.  ac<|Uireil  Ihe  uteans  of  self.povemment.  may  rrsull  neors 
sarilv  from  the  fact  llial  il  is  not  within  the  jurisdiction  of  any  imnicular  Siau-,  and  is 
witii  in  the  |)Ower  and  jurisdiction  of  Ihe  United  Suites.  The  neht  lo  fovern  inly  It 
the  inevitable  consequence  of  the  right  to  aci|nire  territory.  Whichever  may  be  Ihe 
source  whence  Ihe  power  is  derived,  ilM  po.^.tcsjiiou  ix  unqaenttonril." 

I  will  also  refer  to  the  case  of  the  Cherokee  Nation  vs.  the  Slate 
of  Georgia,  5  Peters,  44,  in  which  the  court  says,  in  reference  to 
art.  4,  sec.  3  ol  the  constitution  : 

C  "  The  power  give.1  in  this  clause  is  of  the  most  plenary  kind.  Ruhrs  and  regulations 
rcsiiecting  the  territory  of  the  United  States:  they  neecs.arily  confer  roiii|ilele  juiisdu- 
tion.  Jt  was  necessary  toeonferii  without  limitation,  lo  enable  the  mwcovernmeni 
to  redeem  the  pledge  given  to  the  old  in  relation  to  the  fornialion  anj  powers  ol 
the  new  States." 

I  have  briefly  considered  the  subject  of  the  power  of  Congress 
over  the  territories,  and  referred  to  legislative  precedents  and  ju- 
dicial interpretations  respecting  it,  as  I  deemed  it  to  be  the  foun- 
dation upon  which  some  of  the  strong  objections  to  this  bill  will 
be  found  to  rest  ;  for,  the  power  being  admitted,  il  is  believed  that 
it  could  be  fairly  and  appropriately  exercised  in  a  bill  establishing 
I'overnments  lor  these  territories. 

"And,  sir,  is  it  not  strange,  that  at  this  day  in  the  [history  ol 
our  country,  this  power  should  be  gravely  called  in  question  ? 
Can  we  forget  that  it  was  asserted  under  the  confederation  ? 
That  it  was  not  denied  by  the  constitution  when  adopted  subse- 
quent to  this  assertion  ?  that  it  has  been  exercised  at  diflerent 
periods,  by  different  Congresses,  under  nearly  every  administra- 
tion from  the  origin  of  our  government  to  the  present  lime  !  1  hat 
it  has  been  recognized  by  Washington,  by  Adams,  by  Jeflerson, 
by  Madison,  of  the  lathers  of  the  constitution,  and  by  others  of  the 
crreat  men  wlio  have  commanded  the  contidenee  ol  their  fellow- 
citizens,  and  been  elevated  by  them  to  the  highest  trusts  in  their 
power  to  bestow.  ,     ■        ~  .  ■  j 

I  have  so  iirofotind  a  respect  for  the  authority  of  these  wise  and 
<rreat  men,  thus  sanctioned  by  judicial  decisions  and  the  praclae 
Sf  the  rrovernment  for  more  than  half  a  century,  that  I  do  not  leel 
authorized  to  suhslilute  a  new  construction  of  the  constitution  in 
opposition  to  them,  and  to  my  own  convictions  of  the  true  inter- 
nrctation  of  that  instrnment. 

1  forbear  to  detain  the  Senate  any  longer  ;  for  I  do  not  propose 
•It  this  hour  to  go  into  the  consideration  ol  the  moral,  social,  and 
political    aspects  of  the  institution   lo  which  reference  has  been 

'"Before  I  sit  down,  I  feel  constrained,  Mr.  President,  lo  notice 
an  allusion  of  the  honorable  Senator  from  Georgia,  [Mr-  John- 
son ]  in  the  speech,  which  he  addressed  to  the  Senate  some  days 
Zo  i  refer  to  his  intimation,  that  the  action  ol  ihe  South  upon 
the  Presidential  question,  would  prohab  y  he  inn.ienced  by  the  ac- 
ion  here,  of  the  frietuls  of  a  certain  di-^'JS-f.f  ^a'  ,l1s 
the  Presidency,  upon  the  subject  now  be  ere  the  Senate.  Il  is 
not  myTntention  to^  discuss  political  topics  in  my  brief  remarks  uj. 
on  this  bill  ;  and  I  will  onlv  so  far  reply  to  the  intimation  of  the 
honorable  sinator.  as  to  say,  that  the  ''''""^■'-''^^''"^'"Xind 
whom  he  alludes-a  statesman  of  great  experience,  Pr<"o""f 
knowUge,  and  devoted  patrmtism,  ^-^  ^'^^Z^TI^^ItI 
couutry  by  a  great  National  Party,  as  a  Nationax.  Ca>i.idatk 


974 


THE  COMPROMISE  BILL. 


[Wednesday, 


for  the  Presidency,  .is  such,  lie  will  be  supported  by  the  democ- 
racy of  the  North,  and  I  will  add,  no  where  more  cordially,  more 
efficiently,  than  by  the  t;lorions  and  united  democracy  of  Maine  ; 
and  as  such,  he  is  entitled  to  the  support  of  the  democracy  of  the 
South.  Let  hiiB  receive,  as  I  doubt  not,  ho  will,  the  united  sup- 
port of  South  and  North,  on  national  considerations,  and  as  the 
exponent  of  the  principles  of  the  democracy  of  the  Union,  and  the 
sectional  organizations,  so  dangerous,  so  much  to  be  lieprecaicd, 
and  portentous  of  evil,  to  which  the  Senator  refers,  will  bo  dis- 
solved. 

Were  it  possible,  for  our  Southern  friends  to  falter  or  desert 
him  because  of  his  residence  in  a  Northern  State,  (a  contingency 
not  to  be  apprehended,  or  named  except  by  way  of  hypothesis)  to 
(rive  their  support  to  an  opponent  whose  principles  are  unknown, 
and  qualifioatipns  distrusted,  and  who  can  be  recommended  lo 
them  only  by  his  locality,  it  would  shake,  lo  its  centre,  confidence 
in  their  fidelity,  and  aid  disaJjcciioR,  to  fan  into  a  flame  the  fires 
that  it  is  attempting  to  kindle  in  a  portion  of  tlie  Union. 

Mr.  UNDERWOOD  moved  that  the  Senate  adj<iurn  ;  and,  the 
veas  and  nays  being  ordered,  it  was  determined  in  the  negative  as 

follows  : 

VE.\S. — Messrs.  Badger,  Baliiwir.,  Clarke,  C'orwin,  Davis,  ot  Mass.,  Dayton,  Di\* 
Gieene,  Johnson,  of  Maryland,  Metcalfe,  Miller,  Niles,  I'lielps,  S|irnance,  and  I'n 

XAY^S. — Messrs.  Allen,  Atchison,  Atherton,  Iterrien,  Borland.  Breese,  Bright, 
Bniler,  Calhoun.  Clayton,  Davis,  of  Miss.,  Dickinson,  Dodge,  Douglas,  Downs, 
Felch,'  Fitzgerald,  Fo'oto.  Hale,  Ilannegan,  Houston.  Johnson,  of  Georgia,  ICin^,', 
Lewis,  Mason,  Rusk,  Sebaslina,  Sturgeon,  Turnt-y,  Walker,  Westcott,  and  Ynlee. 
33_ 

Mr.  BORLAND  addressed  the  Senate  in  favor  of  the  bill.  His 
speech  will  appear  in  the  Ajipendix. 

Mr.  BALDWIN. —  Mr.  Pic.-idcnt:  I  regret  the  necessity  which 
compels  me  at  this  unseasonable  hour  to  enter  upon  the  discussion  of 
the  bill  before  the  Senate.  Bnt  1  cannot  consent  that  a  measure 
of  such  vital  interest,  and  fraught  with  consequences  so  deeply  af- 
fecting the  honor  and  future  destiny  of  this  nation  shall  be  adopted 
without  at  least  an  eflbrt  on  my  part  to  arrest  its  progress.  Hope- 
less, though  thateflbrt  may  be,  a  sense  of  duty  impels  me  to  make  it. 

I  have  already  taken  occasion  to  express  to  the  Senate  my  vievis 
of  ihe  injustice  done  to  the  people  of  Oregon  by  uniting  in  the 
bill  for  their  territorial  organization  the  entirely  dissimilar  pro- 
visions proposed  for  the  government  of  New  Mexico  and  Calilor- 
nia.  If  our  title  to  Oregon  was  derived,  as  asserted  by  Mr.  Clay 
in  his  report  on  the  land  bill  in  1832,  and  as  the  honorable  Sena- 
tor frem  South  Carolina,  [Mr.  Cai.houn,]  has  maintained,  Irom 
the  Louisiana  cession,  then  its  territory  is  free  by  the  very  ter.ns  of 
the  Missouri  compromise  act  of  182(1.  Pursuant  to  that  coniprn- 
mise  which  extended  only  to  the  territories  then  belonging  to 
the  United  States  Missouri  and  Arkansas,  have  come  into 
the  Union  as  slaveholding  States.  Florida  has  since  been  ad- 
Jed,  at  an  expense,  including  the  Indian  war  for  its  protec- 
tion of  more  than  forty  millions  of  dollars;  and  Texas  a  a 
cost  of  more  than  one  hundred  millions;  while  not  a  single  free 
State  has  yet  been  represented  in  the  Senate  from  any  territory 
acquired  since  the  adoption  of  the  constitution.  Though  their 
population  exceeds  by  more  than  four  millions  the  population  of 
the  slave  States,  the  territory  comprised  within  their  limits  is  less, 
by  nearly  one-half,  in  extent.  Is  it  not,  then,  manilestly  unjust  to 
the  free  laborers  of  the  country,  who  may  desire  to  emigrate,  as 
well  as  to  the  people  of  Oregon  themselves,  to  deprive  them  of 
the  benefit  of -a  territorial  organization,  with  the  prohibition  of 
slavery,  unless  on  condition  that,  in  the  .same  bill,  a  form  of  gov- 
ernment shall  be  imposed  on  New  Mexico  and  California,  vi'hich 
inav  fasten  upon  a  reluctant  people,  and  upon  the  free  territory 
they  occupy,  the  curse  of  slavery  for  all  future  time  ? 

But  the  Senate  have  refused  to  separate  tliciu,  and  I  will  there- 
fore proceed,  as  briefly  as  may  be,  to  examine  the  principles  of 
the  bill  as  applicable  to  eaeh  of  these  territories. 

1.  As  to  Oregon.  The  bill  provides  for  the  establishment  of  a 
territorial  legislature,  consisting  of  two  branches,  to  be  elected  by 
the  people;  and  gives  validity  to  the  existing  laws  of  the  provis- 
ional government,  for  a  period  of  three  months  after  the  organiza- 
tion of  the  legislature,  when  they  will  expire  unless  re  enacted. 
The  fundamental  law  which  now  prohibils  slavery  in  the  territory , 
will  then  cease  to  have  force,  unless  both  branches  of  the  legisla- 
ture shall  concur  in  its  renewal.  If  seven  out  of  the  thirteen  in- 
dividuals who  will  constitute  one  branch  of  the  legislature,  should 
be  opposed  to  the  prohibition,  the  law  expires,  and  the  door  is 
open  for  the  entrance  of  slavery  throughout  the  whole  extent  of 
this  fertile  territory,  whose  climate  and  productions,  though  at  a 
hitrher  latitude,  correspond  very  nearly  with  those  of  Kentucky 
ami  Missouri.  Tlie  principle  assuiricd  by  the  committee  in  regard 
to  the  exclusion  or  admission  of  slavery  in  Oregon,  appears  to  be 
the  same  that  was  suggested  by  General  Cass  m  his  Tennessee 
letter,  which  has  been  so  extensively  repudiated  both  at  the  North 
and  at  the  South. 

It  substitutes  the  will  of  the  territorial  legislature  for  that  of 
Congress.  But,  surely,  if  Congress  has  power  in  the  organiza- 
tion ^f  a  territory  to  confer  aulliority  on  the  territorial  legislature 
to  prohibit  slavery,  it  has  the  power  to  do  so  directly  by  its  own 
lonislation.  The  argument  which  would  ilcprivo  Ccmgrcss  of  the 
pifwer  to  prohibit  slavery,  because  the  publir;  domain  is  a  trust  for 
the  common  benefit,  wonid  equally  prevent  legislation  by  a  terri- 
torial itovernment,  or  the  organization  of  a  State  with  the  power 
of  prohibition.  It  would  require  of  every  new  State  a  provision 
that  no  law  should  be  passed  to  prevent  purchasers  of  the  public 
domain  within  its  limits,  from  settling  on  it  with  their  slaves,  and 
holding  them  there  in  servitude. 


The  bill  reported  by  the  committee  concedes  the  power  to  bo 
in  Congress,  but  transfers  it,  after  three  months,  to  the  territorial 
legislature.  This  is  unwise.  If  the  power  exists,  it  can  be  exer- 
cised much  more  efiiciently  by  Congress.  And  we  ought  to  be 
governed  in  this  matter  by  great  public  considerations,  and  not 
suffer  the  national  policy  we  approve  to  be  exposed  to  the  hfizard 
of  defeat  by  capricious  local  legislation.  A  large  portion  of  the 
inhabitants  of  Oregon  are  emigrants  from  Kentucky  and  Missouri, 
who,  however  desirous  they  may  be  of  preventing  the  introduc- 
tion of  slavery  into  the  territory,  may  find  it  difficult  to  resist  the 
pressure  from  their  friends  and  relatives  in  those  States.  It  ought, 
therefore,  in  my  opinion,  to  be  prohibited  by  Congress,  in  accord- 
ance with  the  wise  ]iolicy  of  our  fathers,  ii.  the  ordinance  of  1787, 
as  well  .as  with  the  letter  and  spirit  of  the  8th  section  of  the  act 
for  the  admission  of  Missouri. 

There  is  another  feature  ol  the  bill  in  regard  to  Oregon,  which 
strikes  me  as  extraordinary  and  objeciionable  in  this  connexion. 
I  allude  to  the  clause  which  prescribes  a  qualification  of  color  for 
the  electors  at  the  first  election,  thereby  excluding  from  the  right 
of  suffrage,  or  of  holding  scats  in  the  legislature,  a  large  portion 
of  the  population  of  the  lerritory,  who,  by  their  own  organic  laws, 
aro  entitled  to  that  privilege.  Why  are  they  thus  excluded  from 
their  accustomed  privilege  ?  Whv  are  the  free  colored  citizens  of 
the  New  England  States  prevented  from  going  into  the  territory 
on  an  equal  footing  with  the  other  inhabitants?  Is  the  principle 
of  eipiality  of  rights  only  in  force  between  the  white  inhabitants  of 
the  slaveholding  and  non-slaveholding  States,  or  does  it  apply 
equally  to  all  citizens,  between  whom  the  constitution  of  the 
Unifed  States  makes  no  invidious  distinction  ?  A  colored  citizen 
of  Massachusetts  enjoys  in  that  State  a  perfect  equality  of  polit- 
ical rights,  and  is  eligiiile,  equally  with  every  other  citizen,  to  tlie 
highest  positions  in  the  State  and  national  government.  On  what 
principle,  then,  can  Congress  undertake  to  exclude  him  from  vot- 
ing in  Oregon  '?  Ho  would  probably  he  less  likely  than  a  white 
luan  from  a  slave  State  to  concur  in  a  repeal  of  the  law  prohibit- 
ing slavery  in  the  territory.  But  that  surely  can  furnish  no  just 
ground  of  exclusion, 

2.  In  regard  to  New  Mexico  and  California,  the  bill  is  still 
more  objectionable.  The  people  of  those  territories  have  passed 
unwillingly  under  our  dominion.  As  departments  of  the  Mexican 
republic,  ihey  had  a  legislature  of  their  own,  and  enjoyed  the  pri- 
vilege of  .self  government — a  privilege,  of  which  it  would  be  man- 
ifestly unjust,  and  in  violation  of  everv  principle  of  republicanism 
to  deprive  them  While  the  treaty  with  Mexico  was  under  con- 
sideration, a  large  minority  of  the  Senate  expressed  by  their  votes 
the  opinion  that  we  could  not  rightfully  acquire  dominion  over 
these  territories,  without  the  free  assent  of  the  people  to  the  trans- 
fer. They  are  to  a  great  extent  a  colored  population,  all  of  whom 
by  the  terms  of  the  treaty  are  entitled  to  be  become  citizens  of  ihe 
United  Stales,  with  the  rights,  privileges,  and  immunities  of  citi- 
zens. Slavery  could  not  be  introduced  among  such  a  people,  with- 
ont  being  accompanied  by  those  police  regulations  everywhere  at- 
tendant on  the  system,  which  must  necessarily  degrade  them  from 
their  present  position.  They  ought,  therefore,  to  be  secured 
against  its  introduction,  so  far  as  Congress  has  the  power  to  efTect 
It. 

When  General  Kearney  was  sent  out  on  his  expedition  of  con- 
quest to  New  Mexico  and  California,  he  was  authorized  by  the 
Executive  to  assure  the  inhabitants  "that  it  was  the  wish  and  the 
design  of  the  United  States  to  provide  for  them  a  free  government, 
with  the  least  possible  delay  similar  to  that  which  exists  in  our 
territories;"  "'and  that  they  would  then  be  called  to  exercise  the 
rights  of  freemen  in  electing  their  own  representatives  to  the  ter- 
ritorial legislature."  [Secretary  Marcv  to  General  Kearney,  June 
3'  lS4t>.]  In  precise  conformity  to  these  instructions  from  the 
Executive,  on  the  22d  of  August,  1846,  he'issued  at  Santa  Fo  his 
proclamation,  announcing  it  to  be  the  intention  of  the  United  States 
to  provide  for  New  Mexico  a  free  government,  with  the  least  pos- 
sible delay  similar  to  those  in  the  United  States;  and  that  the  peo- 
ple of  New  Mexico  would  then  be  called  on  to  exercise  the  rights 
of  freemen  in  electing  their  own  representatives  to  the  territorial 
legislature;  and  that  iiiiiil  that  could  be  done,  the  laws  hitherto  in 
existence  would  ho  continued  until  changed  or  modified  by  compe- 
tent authoriiy.     House  doc.  19,  2d  sess.,  29  Cong.,  p.  21. 

On  the  same  day  General  Kearney  wrote  from  Santa  Fe  to  Gen- 
eral Wool,  that  without  spilling  a  drop  of  blood,  he  had  taken  pos- 
session of  that  city.  "The  people  now  understand",  he  added, 
'•the  advantages  they  aro  to  derive  from  a  change  of  government 
and  are  much  gratified  with  it." 

Did  they  understand  that  slavery  was  to  be  established  in  their 
territory?  No,  sir.  The  Mexican  commissioners  in  their  negoti- 
ations with  Mr.  Trist,  informed  him — 

"Thai  if  it  were  projioscd  lo  the  people  of  the  tJnilcd  .Slates  lo  jiail  with  a  portion 
of  Ilicif  li'iiitiiry.  in  (mlin  that  the  iU(|uisit(on  should  he  therein  esiahlished,  it  could 
not  I'xrite  stronger  feelings  of  ahliorrence,  tliBU  those  awakened  in  Mexico  by  the  pros- 
peel  of  the  iiitioduetiou  of  slavery  into  auy  territory  parted  with  by  her." 

Similar  instructions  to  those  given  to  General  Kearney  were 
sent  by  Mr.  Bancroft,  the  Secreiary  of  the  Navy,  to  Commodore 
Sloat,  then  in  command  of  the  naval  forces  of  the  United  States 
on  tho  coast  of  Californiu. 

Why,  then,  aro  these  people  to  be  deprived,  in  violation  of  these 
solemn  pledges,  of  the  right  of  self-government,  which  they  have 
exercised  for  a  quarter  of  a  century,  and  to  bo  subjected  to  the 
despotic  government  of  men  in  whose  election  they  have  no  voice? 
Is  It  republicanf     Is  it  justi     Will  it  tend  to  promote  the  cause  of 


July  26.] 


THE  COMPROMISE  BILL. 


975 


freedom?  or  will  it  not  rather  inevitably  result  in  cstablishini'  sla- 
very tliere?  I  firmly  believe  it,  and  am  tlierclbro  opposed  W  the 
bill. 

Tbeorelically,  sir,  I  coneur  with  my  honorable  friend  from  Ver- 
mont [Mr.  Phelps]  in  ihe  views  he 'has  so  ably  pre>ented  of  tlio 
legal  principles  which  have  been  bro'i<;ht  into  discussion.  And  I 
lully  appreeiaie  ilie  motives  that  have  influenced  him  in  yicldin;; 
his  assent  and  su|>|  ort  to  the  provisions  ol  this  bill.  If,  by  tlio  c-x 
isling  law,  slavery"  is  proliibited  in  New  Mexico  and  Caiifoinia. 
and  if  that  law  will  remain  in  force  after  the  pas.'-age  of  this  bill, 
unaflected  by  iis  provisions,  I  have  no  doubt  of  1  he  correctness  of 
the  legal  inference  that  no  person  who  may  he  voluntarily  carried 
there,  can  be  lawfully  held  as  a  slave.  In  the  laiii;ua^o  of  Judge 
Bronson,  of  the  yupreme  Court  of  New  York,  "  the  relation  of 
master  and  slave  does  not  exist  by  the  law  of  nature,  nor  has  the 
claim  of  the  masier,  like  the  right  to  properly  in  general,  been 
recognized  by  all  civilized  communiiies.  Slavery  cannot  exist 
when  there  is  no  positive  law  to  uphold  it.  It  is  not  necessary  that 
it  should  be  forbidden.  It  is  enough  that  it  is  not  specially  au- 
thorized. If  the  owner  of  slaves  removes  with,  or  sends  them 
into  any  country.  State,  or  territory  where  slavery  does  not  exist 
by  law,  they  wiil  liom  that  moment  become  freemen."  In  ibe  cel- 
ebrated case  of  Forbes  vs.  Cochrane,  reported  in  2  Barn  and 
Cress's,  463,  the  court  of  King's  bench  say  : 

"  'Die  light  to  slaves  wlien  tolerated  by  law  is  foiimlfd,  not  on  tlie  law  of  nature, 
bul  on  tlie  law  otthnt  particular  country.  It  is  a  law  in  invftuvi,  anrl  when  a  [raity 
pets  out  of  the  power  of  his  master,  and  gets  under  the  pruteclion  ol'  another  [lower, 
without  any  wrongt'ul  act  done  by  the  parly  yivinj,'  lliat  proleetion,  the  ri^lit  of  the 
nlastet.  which  is  lounded  on  the  mnnieipal  law  of  the  jiarlienhiv  place  only,  docs  mil 
continue.  Tlicniomcnt  a  foreign  slave  puts  his  foot  on  our  shores  he  ceases  to  be  a 
slave,  hccaiite  there  is  ici  law  here  which  sanctions  his  being  held  in  slavery.  And 
the  local  law  which  held  liiin  in  slavery  against  the  law  of  nature  has  lost  its  force."' 

The  decision  of  Chief  .'ustiee  Shaw,  liberating  on  habeas  corpus, 
Lucas,  a  slave  who  bad  been  put  by  his  master  on  board  of  a  go- 
vernment ship  in  Virginia,  which  touched  at  Boston  in  the  course 
of  her  voyage,  was  founded  on  similar  principles,  7  Law  Reporter. 
But,  sir,  while  I  assent  fully  to  these  prineijiles,  the  honorable  Se- 
nator from  Georgia  [JVlr.  Berrien]  and  oilier'genllenien  id  great 
legal  acumen,  have  maintained  with  a  zeal  ihat  leaves  no  doubt  of 
thciir  sincerity,  that  the  Mexican  laws,  so  far  as  they  prohibit  sla- 
very, will  not  continue  in  force,  but  ihal  the  constitution  of  the 
United  States,  will  accompany  the  slaveholder,  as  a^anoply  lor 
his  protection,  and  override  and  destroy  them. 

I  conless,  sir,  I  should  be  much  better  saiistieil  with  the  bill  if  it 
contained,  as  in  the  case  of  Louisiana,  and  Floridii,  and  the  Dis- 
trict of  Columbia,  and  of  every  other  cessiim  ever  made  to  this 
government,  an  express  provision  that  I  he  existing  laws  shall  re- 
main in  force  until  they  are  repealed  ;  and  better  still,  if  the  jud- 
ires,  by  whom  the  government  is  to  bo  administered,  were  prohibit 
cd  in  direct  terms  from  repealing  the  law  forbidding  slavery  in 
those  territories.  I  do  not  like  the  guarded  phraseology  by  which 
their  power  of  legislation  is  restricted.  "  They  shall  have  no 
power  to  pass  any  laws  respecting  an  cstablishmont  of  religion,  or 
respecting  slavery"  as  it  now  stands,  but  as  it  is  proposed  by  the 
friends  of  the  bill  to  be  amended,  "  respecting  the  admission  or 
prohibition  of  slavery." 

Now,  as  Congress  have  no  power  by  the  constitution  of  the  Uni- 
ted States  to  pass  any  law  "respecting  an  establishment  of  reli- 
gion," is  there  not  reason  to  apprehend,  from  ihe  similarity  of  the 
expression  used  in  regard  to  the  inhibition  Of  legislation  "respect- 
ing slavery,"  that  it  will  be  urged  hereafter  as  a  recogniiion  of 
the  claim  that  the  same  want  of  power  in  Congress  e.\ists  in  the 
one  case  as  iii  the  other  '. 

As  ihe  bill  contains  no  express  provision  for  ihe  continuance  in 
force  of  the  existing  laws,  if  they  do  in  tact  so  continue  it  will  be, 
not  by  their  own  inherent  force,  but  by  the  implied  assent  of  the 
government  which  has  stieeeeded  to  the  dominion.  "  Qui  non 
prohibit,  cum proliibere  possit ,  ju.het."  But  if  that  govcrninent  has 
ill  any  manner  indioated'its  will,  thai  particular  laws  shall  not  con- 
tinue', the  implication  ceases:  and  they  will  no  longer  have  foi-ce.' 
The  Mexican  government  had  a  religious  estublishinent.  The 
constitution  declares  that  Congress  shall  make  no  law  respecting 
an  establishment  of  religion.  Congress,  in  communicating  legis- 
lative powers  to  the  territorial  judges,  imposes  the  same  restraint 
on  them.  They  would  consequently  have  no  power  to  assent  to 
the  continuance  of  the  Mexican  law  on  that  subject,  since  that 
would  be  et|uivalent  lo  its  rcenactment.  The  Mexican  religious 
establishment  must  therefore  cease.  Now,  when,  in  the  same  con- 
nexion, the  power  of  legislating  "respecting  slavery"  is  also  with- 
held, may  it  not  he  plausibly,  if  not  strongly  argued,  that  the 
Mexican  laws  on  that  subject,  also,  will  cease,  because  no  assent 
to  their  continuance  can  any  longer  be  implied  ? 

I  should  be  glad  to  hear  such  a  construction  disclaimed  by  all  the 
members  of  the  committee  ;  the  mire  so,  as  the  argitineni  is  cer- 
tainly somewhat  countenanced  by  the  caseof  Permoti,vs.The  First 
municipality  of  New  Orleans,  in  the  3d  of  Howard's  Rep.  610. 
Ths  same  reason  exists  for  the  implied  continuance  of  the  funda- 
mental and  other  territorial  laws,  after  the  formation  of  a  Stale 
government  to  which  the  jurisdiction  is  transferred,  as  in  the  case 
of  a  cession  from  one  sovereignty  to  another.  Yet,  in  the  case  re- 
ferred to,  it  was  decided  by  the  Supreme  Court,  that  the  provision 
of  the  ordinance  of  1787,  "  that  no  person  demeaning  himself  in  a 
peaceable  manner  shall  ever  be  molested  on  account  of  his  nn)de 
of  worshiper  religious  sentiments  in  the  said  territory,"  which 
was  .operative  in  Louisiana  during  the  territorial  govcrninent, 
"  had  no  further  force  after  the  adoption  of  the  State  constitution, 
than  other  acts  organizing   in  part  the   territorial   government  ol 


Orleans,  and  standing  in  connexion  with  the  ordinance  of  1787." 
"  So  lar,"  says  Judge  Catron  in  delivering  the  opinion  of  ibe 
court,  "  as  they  conferred  political  rights  and  secured  civil  and  re- 
ligious liberties,  (which  are  political  rights,)  the  laws  of  Congress 
were  all  superseded  by  the  State  constitution;  nor  is  there  any 
part  of  them  in  force,  unless  they  were  adopted  by  the  cooslitulion 
of  Louisiana  as  the  laws  of  the  Slate." 

II  it  were  not  intended,  by  coupling  these  prohibitions  together, 
to  give  to  that  "  respecting  slavery"  the  construction  suggested, 
why,  it  may  be  asked,  was  the  other  restriction  '  respecting  an 
establishment  of  religion"  iiisertcJ  in  the  bill  <  Why  not  directly 
repeal  all  laws  of  that  character  now  exisiing  ?  Or,  if  the  cxtcn- 
.sion  of  the  coiislitution  to  the  territories  would  of  ilself  repeal 
them,  and  prevent  their  rc-enuclment,  why  insert  a  prohibilion 
which  is  unnecessary  and  unmeaning,  except  so  far  as  it  may  tend 
to  give  to  the  other  restriction  the  construction  which  will  be 
claimed.  It  is  to  be  regretted  that  the  cominitlcc  have  not  been 
able  to  lurnish  lo  the  Senate  more  specilie  inlurniation  in  regard 
to  the  existing  laws  in  Now  Mexico  and  California  on  the  subject 
of  slavery;  and  whether  or  not  any  changes  have  been  made  or  ' 
attempted  in  tho.se  laws,  under  the  governments  organized  by  the 
direction  of  the  President  since  the  conijuest  and  military  occupa- 
tion of  the  territories  by  the  United  Slates. 

But  whatever  may  be  said  of  the  Mexican  laws  in  relation  to 
slavery,  and  however  true  in  theory  it  may  1«,  that  slavery  cannot 
exist  where  there  is  no  positive  law  to  establish  and  protect  it, 
should  this  bill  be  adopted,  there  would  be  no  practical  mode  of 
preventing  its  introduction.  The  result  would,  in  ray  opinion,  in. 
evitably  be,  what  indeed  the  chairman  of  the  committee  of  com- 
promise, [Mr.  Clavton,]  frankly  stated  in  his  speech  on  report- 
ing the  bill  to  the  Senate: 

"  That  in  case  Congress  should  refuse  to  louch  the  suhject,  it  (the  lenilon-)  would 
beslaveholdiD;?  where bylho  laws  of  nature  alavtlabtir  only  Wat  effectiee/oNdfru 

talior  coutil  nut  maintain  itself.'^ 

For  my  part,  sir,  I  know  of  no  territory,  and  should  be  unwiil- 
in!:  to  admit  that  any  exists  on  the  face  of  the  earth,  Ql  lo  be  in- 
habited by  niaii,  where  he  must  be  reduced  to  the  condiiion  of  a 
slave  to  tender  liis  hdior  eil'eciive.  1  do  not  doubt,  however,  lhat 
there  are  regions  of  large  extent  in  New  Mexico  and  California, 
if  not  in  Oregon  also,  where  slavery  will  coriainly  be  introduced, 
unless  directly  prohibited  by  law. 

A  king  of  fciigland  once  sa(;aciously  remarked  lhat  while  the 
king  could  appoint  his  bishops  and  judges,  ho  could  have  what  re- 
ligion and  law  he  liked.  By  the  bill  rijported  by  the  committee, 
Mr.  Polk,  a  slaveholding  President,  is  lo  appoint  the  law-makers 
and  judges  for  these  terrilories;  and,  wiih  the  known  sympathies 
of  the  President,  can  any  one  doubt  from  what  class  of  our  citizens 
the  appoinliuenls  will  be  made?  And  what  security,  I  ask, 
would  there  lie  for  a  slave  who  should  seek  his  freedom  by  an  ap- 
peal to  territorial  judges,  holding  their  own  slaves  by  the  very 
same  tenure  that  his  master  holds  him  in  servitude  ?  Does  any 
man,  who  has  made  human  nature  his  study,  believe  that  there 
would  be  any  very  great  solicitude  to  jiut  this  poor  slave  in  Ibo 
way  of  settling  this  great  constitutional  question,  as  it  is  called, 
which  the  American  Congress  are  afraid  to  touch,  and  therol'oro 
commit  to  his  charge?  He  would,  as  my  friend  from  New  Jersey 
has  already  suggested,  get  his  case  into  the  Sujireme  Court  about 
as  soon  as  the  free  colored  citizens  of  Massachusetts,  imprisoned 
in  the  goals  of  South  Carolina  for  comin"  there  to  enjoy  "  the 
rights,  privileges,  and  immunities"  secured  to  the  citizens  of  every 
State  by  the  constitution,  have  been  able  to  get  their  cases  before 
thai  hiL'h  tribunal. 

Sir,  if  Massachusetts,  and  her  distinguished  commissioner  whom 
she  sent  to  provide  for  the  protection  of  her  own  citizens,  were 
foiled  in  the  attempt,  docs  any  Senator  seriously  believe  that  a 
poor  friendless  slave,  three  thousand  miles  from  this  capitol,  in  the 
in  the  interior  of  New  Mexico  or  California,  would  be  able  to  pre- 
sent his  case  to  the  Supreme  Court  for  decision  ? 

But  even  if  your  laws  had  made  adequate  provision— which 
they  have  not — to  secure  to  him  the  benefit  of  such  a  resort,  would 
it  be  a  proper  or  a  dignified  course  for  the  Ameriijan  Congress  to 
pursue,  to  leave  this  great  question  of  national  policy  to  be  settled 
in  this  way,  through  the  instrumentality  of  a  slave  ?  Is  it  expe- 
dient for  us  to  throw  off  the  responsibility  of  legislative  action, 
and  impose  on  the  judicial  tribunals  the  decision  of  an  exciting 
jiolitical  question  of  a  sectional  character,  deeply  afTecting  the 
prosperity  of  the  extensivo  regions  of  which  we  have  acquired  the 
dominion  ? 

Sir,  I  entertain  feelings  of  ihe  highest  respect  for  the  Supreme 
Court  of  the  United  States.  The  people  have  lonir  been  accus- 
tomed to  regard  it  with  feelings  of  profound  vener;ition  and  confi- 
dence. I  tnist  the  lime  will  never  arrive  when  that  confidence 
will  be  impaired  or  shaken.  But  does  not  every  Senator  perceive 
that  the  inevitable  consequence  oftbe  passage  of  this  bill  will  be 
to  cause  the  appointmenls  of  the  judges  hereafter  to  be  made  with 
reference  to  the  opinions  of  the  candidates  on  this  question  ?  And 
thus,  bv  making  the  court  sectional  in  its  very  organization,  to  im- 
pair the  contidence  of  the  people  in  its  impartiality?  Nay,  is  it 
not  apparent  that  the  power  of  appointing  the  judges  will  enter  as 
an  element  of  discord  into  every  Presidential  election? 

A"-ain  :  Suppose  the  question  fairly  presented  to  lhat  angust  tn- 
bunai  for  its  decision,  and  that  the  court,  in  accordance  with  the 
recorded  opinions  of  Mr.  Monroe  and  his  Cabinet,  and  with  the 
action  of  Congress  on  the  Missouri  compromise,  shonld  decide— as 
I  doubt  not  they  would— that  Congress  have  the  same  power  to 
prohibit  slavery  in  the  territories  as  to  pass  any  other  law  which 


976 


THE  COMPROMISE  BILL. 


[Wednesday, 


the  policy  of  the  nation  may  require  for  their  government.  When 
the  poor  slave,  who  has  come  up  to  the  Capitol  to  test  this  great 
constitutional  question,  which  it  is  proposed  Ly  this  bill  to  send  in 
advance  to  the  Supreme  Court  for  its  decision,  in  the  moment  of 
his  triumph  is  beginninji  to  exult  in  the  anticipated  realization  of 
his  dreams  of  liberty,  what  will  ho  be  told  >  True,  Congress  have 
a  right,  it  will  then  be  said,  to  prohibit  slavery  in  the  territories, 
but  have  they  done  so?  So  far  from  it,  iliey  have  not  only  ab- 
stained, themselves,  from  the  exercise  of  the  power,  but  have  posi- 
tively forbidden  the  territorial  iiovernment  they  have  establislied 
to  legislate  at  all  on  the  subject.  If  Congress,  being  in  the  full 
possession  of  the  power,  bad  desired  to  exercise  it,  they  would 
surely  have  done  so,  and  the  Supreme  Court  would  then  be  called 
on  to  decide,  not  whether  a  law  prohibiting  slavery  would  be  ef- 
fectual to  exchulo  it  from  the  territory,  but  whether  the  absence 
of  any  law  on  the  subject,  and  an  absolute  prohibition  to  pa.ss  any, 
would  have  that  eflect.  This  is  a  question  on  which  the  views  of 
northern  and  southern  lawyers,  as  expressed  on  the  floor  of  the 
Senate,  have,  toto  calo,  differed.  It  is  a  question  which,  believing 
as  I  do,  that  we  have  the  power  of  exclusion,  I  am  unwilling  to 
leave  in  doubt,  as  to  the  intentions  of  Congress.  The  (luesiion, 
whether  slavery  shall  exist  or  not  in  these  territories,  is  one  which 
eminently  belongs  to  the  legislative  department  of  the  government 
in  the  first  instance  to  decide. 

On  that  question,  as  aipiestion  of  national  policy  and  justice,  I 
have  already  had  the  honor  to  address  the  Senate.  What  I  then 
said  it  is  not  my  intention  now  to  repeat. 

Sir,  I  do  not  believe  it  to  bo  the  interest  or  the  desire  of  the 
mass  of  the  population  of  the  southern  States  to  have  slavery  ex- 
tended to  New  Mexico  and  California.  The  free  laborers  of  the 
South  as  well  as  ol  the  North  have  need  of  a  territory  to  which 
they  may  emigrate,  with  the  assurance  that  they  and  their  fami- 
lies will  forever  be  exempt  from  the  evils  of  slavery.  These  opin- 
ions, I  am  well  assured,  are  prevalent  among  the  people  of  West- 
ern Virginia,  North  Carolina,  and  Kentucky.  They  (irevail,  if  I 
mistake  not,  to  a  considerable  extent  also  in  Missouri  and  Tennes- 
see. If  slavery  is  extended  to  these  territories,  the  free  laborers 
of  the  South  as  well  as  of  the  North  are  entirely  excluded.  To 
those  who  desire  to  emigrate  with  their  slaves,  immense  and  fertile 
regions  where  slavery  now  exists  are  already  open,  to  an  extent 
sufficient  for  their  wants  for  a  century  to  come. 

Under  these  circumstances,  then,  sir,  while  the  territories  are 
yet  free,  it  is,  in  my  opinion,  the  imperative  duty  of  Congress  to 
settle  the  question  now  and  forever  m  regard  to  their  future  desti- 
ny. The  responsibility  rests  on  us.  Wc  cannot  avoid  it  if  we  would. 
Justice  to  our  constituents  and  to  all  who  may  be  afR'cted  by  our 
action,  requires  that  we  should  meet  it  promptly.  And  I  have 
that  contidence  in  the  patriotism  of  the  jieople  of  the  southern 
States,  to  whom  so  much  has  already  been  conceded,  that  I  enter- 
tain no  fears  of  disunion  as  the  result  of  any  legislation  we  may 
adopt  for  the  exclusion  of  slavery  from  these  territories.  Politi- 
cians, representing  the  capitalists  of  the  South,  may  continue  to 
cry  "  give,  give  !"  but  I  am  mistaken  if  the  people  id'  tlic  southern 
Slates,  as  they  calmly  survey  the  costly  acquisitions  of  slave  ter- 
ritory already  made,  and  contemplate  the  future  results  ol  this 
policy,  will  not  be  ready  to  exclaim,  "  It  is  cnougli '." 

Mr.  NILES  took  the  floor,  and  after  a  few  remarks,  moved 
that  the  Senate  adjourn';  and,  tho  yeas  and  nays  being  ordered,  it 
was  determined  in  the  negative  as  follows  : 

YEAS— Messrs.  Bailgf^r,  B;il(I\vin.  l)i\.  Dod^-e,  Jojni^oii,  of  IMaiylanil,  IVIil[L-r. 
Nilps,  rhc-l|)s.  S[>ru;uict?.  (Jiitloiwoo'l.  and  Upham.—  l  I. 

NAVS— Messrs.  Allen,  Ateliison,  vVltierlon,  lieinen.  Rorlaiirl,  IJreese.  nrj;;lit, 
Butler,  Cathonn,  Clarke,  Clayton,  Davis,  (it  Mississippi,  Dickinson.  Donj-las, 
Downs,  Felcli,  I-'ilzgeralii,  Foole,  Hale,  llaiineKan,  Honsion,  ,laliiison,  ol'Geoii;ia, 
King,  Leu-is,  Mason,  Rnsk,  Sebastian,  Stiiif-con,  Turney,  Walker,  VV'estoolt,  anil 
Ynlec— 32. 

Mr.  NILES  then  proceeded  with  his  remarks,  and  after  speak- 
ing for  about  an  hour  moved  that  the  Senate  adjourn  ;  and,  the 
yeas  and  nays  being  ordered,  it  was  determined  in  the  negative  as 
follows  ; 

VF.AS— Messrs.  BaliKvin,  Dix,  Niles,  anj  I'pliam.— 4. 

NAYS— Messrs.  Allen.  Allierlon,  Badger,  Berrien,  liorlanil,  Urajbury,  Rrecse. 
Briglit,  Butler,  Calhoun,  Clayton,  Davis,  of  Mississippi,  Daylon,  l)ickinson, 
Doilge,  Douglas.  Downs,  Fetch,  Fitzgerald,  Foole.  Greene,  Hale,  Hamlin,  llannegan, 
Houston,  King,  I^ewis,  Mason,  Miller.  IMielps.  Rusk,  Seijasliau,  Siurgeoii,  Turney, 
Underwood,  Walker,  WestcoU,  and  Viilec. — 3!l. 

Mr.  NILES  then  resumed  and  concluded  his  remarks  in  about 
one  hour  and  a  half. 

Mr.  ATCHISON. — I  shall  detain  the  Senate  but  a  very  few 
moments  at  this  late,  or  rather  early  hour,  for  we  are  informed  by 
the  Senator  from  Mississippi  in  his  classical  language,  that  "'Au- 
rora has  intide  her  appearance  in  the  Heavens."  I  have  more  re- 
spect for  myself,  and  for  the  Senate,  than  to  detain  them  under 
existing  circumstances,  for  one  moment  longer  liian  i^  absolutely 
necessary,  in  ortlcr  to  explain  my  position  in  reference  to  this  ques- 
tion; a  question  thatllias  been  thoroughly  debated  in  all  its  phases  for 
the  last  four  years.  This  committee,  it  is  known  to  all,  was  raised 
for  a  special  purpose,  to  wit,  to  ttike  into  consideration,  and  re- 
port, if  possible,  a  liill  to  organize  territorial  governments  for  Ore- 
gon, Ctiiilornia,  and  New  Mexico.  This  duty  luis  been  discbargoil. 
The  coiiiniitleo  has  reported  a  bill,  and  I  willvrntinc  to  say,  that 
there  would  have  been  no  exception  taken  to  the  bill,  but  for  the 
incidental  question  of  slavery.  Tho  first  subject  which  occupied 
the  attention  of  the  committee  was,  in  what  manner  this  question 
should  be  settled.  The  Missouri  compromise  was  proposed,  or 
rather  it  was  proposed  that  tho  spirit  of  tho  Missouri  compromise 


shinild  bo  a  rule  of  action,  governing  the  committee  in  its  report. 
If  I  mistake  not,  upon  this  proposition  the  vote  was  five  to  three. 
Tlie  question  then  arose,  in  what  manner  the  Missouri  compro- 
mise should  be  applied  to  this  riuestion.  The  Senator  from  Indi- 
ana suggested  that  it  should  be  enforced  according  to  its  strict 
terms,  that  is  to  exclude  slavery  from  all  the  territory  north  of  36" 
30';  and  it  was  considered  to  lie  nothing  more  than  just  and  right, 
anti  ill  strict  accorilance  with  the  Missouri  com'promisc,  that  there 
should  be  some  guarantee  that  tho  institution  of  slavery  should 
exist  south  of  that  line,  and  this  guarantee  we  considered  was  se- 
cured by  the  amendment  of  the  Senator  from  Kentucky.  I  myself 
was  willing  to  accept  the  jiroposition  of  the  Senator  from  Indiana, 
that  the  ]ieopie  inhabiting  the  territories  south  of  that  parallel  of 
latitude,  when  they  applied  for  admission  as  Stales  into  the  Union, 
should  decide  the  <|ncstion  for  themselves.  I  was  willing  lo  ac- 
cept the  pro}>osition  of  the  Senator  from  Kentucky,  atid  I  believe 
it  vv'as  regarded  as  proper  by  all  the  members  of  the  committee 
from  the  slave  States.  The  Missouri  compromise,  however,  was 
not  conceded  to  us  in  the  committee,  and  I  venture  to  say,  that 
the  spirit  of  that  compromise  will  not  be  conceded  to  us  in  the  Se- 
nate. Then,  sir,  what  could  we  do,  when  every  proposition  that 
was  presented  had  been  rejected,  it  being  considered  necessary 
that  we  should  report  some  bill,  which  would  be  entitled  to  receive 
some  consideration  at  the  hands  of  the  Senate?  There  were  but  two 
courses  for  us  to  pursue.  One  was  to  report  to  the  Senate  that 
wo  could  not  agree  upon  any  proposition,  and  asked  to  be  dis- 
charged from  the  further  consideration  of  the  matter  that  had  been 
referred  to  us.  The  other  was  to  leave  the  question  where  we 
found  it,  and  to  submit  to  the  Senate  simply  a  measure  regarding 
the  territorial  governments  of  Oregon,  California,  and  New  Mex. 
ico,  in  order  that  this  government  might,  at  all  events,  discharge 
the  high  and  holy  duty  which  it  ow-es  to  its  citizens  in  those  terri- 
tories. Is  there  a  gentleman  who  will  have  the  hardihood  to  de- 
ny, that  it  is  the  first  and  highest  duly  of  the  government  to  her 
citizens,  wherever  they  may  bo,  to  give  them  a  government  and 
laws.  Whatever  dillerenee  of  opinion  there  may  be  between  north- 
ern and  southern  men  upon  this  tpiestion  of  slavery,  such  a  mea- 
sure could  not  affect  their  rights  nor  their  interests.  Sir,  I  hold 
that  where  a  government  refuses  protection  to  its  citizens,  it  re- 
leases those  citizens  from  their  allegiance.  Under  this  view  of 
the  case,  if  this  government  refuse  to  establish  a  territorial  gov- 
ernment for  the  territory  of  Oregon,  I  hold,  that  if  the  citizens  of 
that  territory  should  declare  their  independence,  they  would  be 
perfectly  justified  in  doing  so.  For  six  long  years  have  our  citi- 
zens in  that  territory  been  without  law,  and  here  let  me  remark, 
that  wh.ntevcr  difference  of  opinion  there  may  bo  between  south- 
ern gentlemen  and  my.selfon  this  snbject,  I  have  ever  been  willing 
from  the  hour  that  two  hundred  citizens  planted  their  feet  on  the 
soil  of  Oregon,  to  give  them  a  government  and  laws,  cither  with 
or  without  slavery.  I  believe  I  was  the  first  to  introduce  a  bill 
into  this  body  for  establishing  a  teiritorial  government  in  Oregon, 
and  in  that  bill  I  incorporated  the  ordinance  of  1787;  and  for  years 
I  heard  no  objection  to  it  on  that  score.  There  were  other  ob- 
jections to  the  bill,  but  none  on  account  of  its  containing  the  ordi- 
nance. This  bill  permits  the  people  of  Oregon  to  decide  for  them- 
selves, whether  they  will  or  will  not  have  tlio  institution  of  slavery. 

As  to  California  and  New  Mexico,  it  presents  another  question. 
I  was  willing  originally  to  abide  by  the  principles  of  the  Missouri 
compromise,  ami  to  extend  the  line  of  that  compromise  to  the  Pa- 
cific ocean;  and  that  from  territory  thereafter  to  be  acquired,  sla- 
very should  be  excluded.  I  was  unwilling,  for  one,  that  the  joint 
property  of  all  the  Slates  should  be  devoted  lo  the  use  and  benefit 
of  the  citizens  of  one-half  the  Stales.  I  was  then,  and  am  now, 
nn-villing  that  territory  ae(|iiired  by  the  joint  treasure  and  blood 
of  the  citizens  of  this  Union  should  be  devoted  exclusively  to  the 
benefit  of  one  portion  of  the  Union.  If  I,  in  rjoncert  with  oilier  in- 
dividuals, make  a  ]iurchasc  of  a  tract  of  land,  inking  the  title 
jointly,  what  is  the  ordinary  course  to  be  pursued  in  case  we  can 
not  agree  upon  the  terms  of  settlement  and  management  of  the 
property  ?  It  is  to  appeal  to  a  competent  tribunal  to  determine 
how  it  shall  be  managed,  er  else  lo  make  partition  of  the  proper- 
ty. If  it  is  not  a  proper  subject  for  division,  the  properly  is  sold 
and  the  proceeds  divided.  Hut  this  case  cannot  be  settled  in  that 
way.  ■  I'here  is  a  partnership  of  some  thirty  States,  by  whom  litis 
territory  has  been  jointly  acquired,  and  there  is  a  dispute  in  regard 
to  the  property,  one  portion  of  the  proprietors  declaring  that  ibe 
other  shall  not  occupy  it,  if  they  carry  with  them  a  certain  species 
of  prirperly.  How  are  wc  to  decide  this  mailer  ?  We  cannot  set- 
tle the  dispute  by  making  a  fair  partition  of  the  territory;  wo  must 
resort  to  some  other  means 

But,  as  I  prtunised  lo  be  briel,  I  will  now  proceed  lo  answer  the 
objections  urgeil  by  the  Senator  from  Kentucky,  and  the  Senator 
from  Rhode  Island.  Neither  of  those  Senators  coincided  with  the 
rest  o(  the  committee  in  regard  to  the  bill,  but  they  expressed  their 
willingness  to  receive  all  the  light  thai  could  bo  thrown  upon  the 
snb|ect,  being  anxious  to  settle  the  question  upon  terms  that  would 
bo  satisfactory  to  all.  But  if  I  understand  the  proposition  of  the 
Senator  from  Kentucky,  it  is  infinitely  worse  for  his  constituents 
and  for  all  the  South,  than  the  provisions  of  tho  bill  as  it  stands. 
What  docs  the  Senator  propose  ?  He  proposes  that  the  governor 
and  judges  in  California  and  New  Mexico  shall  constitute  one 
"branch  of  the  legislative  depaitment  of  the  government;  and  that 
another  branch  shall  be  elected  by  the  people;  and  ihat  the  legis- 
lative department  shall  be  subject  to  certain  restrictions— that  lliey 
sliall  not  grant  charters  of  incorporation,  nor  legislate  in  relation 
to  the  public  lands.     In  tho  first   place  lot    mo   state,  that  there 


July  26.J 


THE  COMPROMISE  BILL. 


QTi 


was  no  shadow  of  probability  that  any  such  proposition  would  be 
satislactory  to  the  Senate,  for  it  would  have  been  argued  by  north- 
ern men  that  the  governor  and  judnres  who  were  to  legislate  for 
these  territories  would  bo  appointed  by  a  slaveholding  President. 
And  another  objection  that  was  urged  against  the  proposition  was 
that  the  people  of  Mexico  were  incapable  of  self-government,  and 
therefore  unfit  to  be  entrusted  with  a  partieipaney  in  the  lo"isla- 
lion  for  the  territory.  There  seemed  to  be  a  perfect  horror  enter- 
tained by  some  gentlemen  at  the  idea  of  admitting  a  man  with 
Mexican  blood  in  his  veins  to  a  seat  upon  the  lloor  of  this  chamber. 
All  these  things  were  canvassed  and  discussed  in  the  committee, 
and  I  am  of  opinion  that  no  gentleman  of  the  committee  was  in 
favor  of  the  proposition  save  the  mover.  And  suppose  we  had  in- 
troduced such  a  bill,  would  it  have  met  with  favor  froin  any  quar- 
ter ?  1  apprehend  not.  And  suppose  that  we  do  nothing  in  re- 
lation to  the  question  ?  Suppose  this  bill  should  be  rejected,  is 
not  the  question  still  open  to  agitation  ?  I  do  not  mean  to  say 
that  you  cannot  settle  it;  but  suppose  slaves  arc  taken  to  Califor- 
nia, and  the  case  is  brought  before  the  Supreme  Court  and  decided 
against  the  South,  it  places  in  the  hands  of  the  North  a  great  po- 
litical weapon;  and  if  decided  the  other  way,  it  places  the  weapon 
in  the  hands  of  the  South.  If  tbis  bill  should  pass,  then,  I  cannot 
see  that  the  agitation  would  cease;  it  would  still  be  an  open  ques- 
tion. And  to  leave  the  people  of  the  territories  without  law  and 
without  government,  would  be  to  prevent  the  settlement  and 
growth  of  the  territories.  I  hold,  therefore,  that  it  would  bo  a 
wise  policy,  in  case  we  cannot  harmoniously  unite  upon  some  ])ro- 
position  lor  disposing  of  the  slave  question  delinitively,  to  pass  a 
hill  for  the  establishment  of  governments  in  the  territories  without 
reference  to  that  question  at  all.  Would  it  not  be  regarded  by 
mankmd  as  the  highest  degree  of  injustice,  after  having  carried  on 
a  war  for  three  years  against  a  neigliboring  country,  and  ac<|uired 
a  territory  from  her  containing  a  population  of  a  hundred  and  fifty 
thousand  souls,  that  wo  should  leave  them  unprovided  with  laws 
for  their  government  ?  I  have  listened  diligently  to  all  that  has 
been  said  upon  the  subject,  and  so  far  as  relates  to  the  provisions 
of  this  bill,  apart  from  the  subject  of  slavery,  I  believe  there  is 
nothing  contained  in  it  that  is  antagonistical  to  the  opinions  of 
either  party.  We  may  as  well,  then.  I  think,  pass  the  bill,  and 
leave  the  question  of  slavery  to  be  settled  hereafter,  for  in  doing  so 
we  shall  only  be  performing  an  act  of  sheer  justice  to  the  people 
of  those  territories. 

The  debate  was  continued  by  Messrs.  Dickinson  and  Bright, 
whose  speeches  will  be  given  in  the  Appendix. 

The  question  being  taken  upon  the  motion  by  Mr.  H.\le  to 
amend  the  bill  by  striking  out  of  section  5,  lines  one  and  two,  the 
words  "free  white,"  and  inserting  after  the  words  "act"  in  the 
4th  line — "and  qualified  to  vote  by  the  existing  laws  now  in  force 
in  the  territory  of  Oregon,  under  the  protection  of  the  provisional 
government  established  by  the  people  thereof,"  it  was  determined 
in  the  negative  as  follows  : 

YEAS. — Messrs.  Baldwin,  Beulon,  Clarke,  Davis,  of  Massacliusclts,  (Irteiie, 
Hale.  Uptiam.— 7. 

N.W'S  — Messrs.  Allen,  Alcliison.  Athcrton,  Badger,  Bell.  Berrien.  Borland, 
Bradbnry.  Breese,  Brieht,  Bntler,  Cslhoun,  Clayton,  Corwin,  Davis,  of. 'Misissisppi, 
Dayton,  Dickinson,  l>ix.  Dodge.  Douglas,  Downs.  Feich,  Filzperald.  Foote, 
Hainlin.  Ilannegan,  Houston,  Hnnter,  Jolmson,  '»f  Maryland,  Johnson,  of 
Louisiana,  Johnson,  of  Georgia.  King.  Lewis,  Maiipum,  Mason,  Metcaife,  Miller, 
Niles,  Rusk, Sebastian,  Sturseon,  Tnrnev,  Underwood,  Walker,  Wesleolt.  and  Vu- 
lee.  — H. 

So  the  amendment  was  not  agreed  to. 

After  further  debate — 

The  question  being  taken  upon  the  motion  by  Mr.  Cl.vrke  to 
amend  the  bill  by  inserting  at  the  end  of  the  6th  section,  "provid- 
ed however,  that  no  law  repealing  the  act  of  the  provisional  go- 
vernment of  said  territory,  prohibiting  slavery  or  involuntary  ser- 
vitude therein,  shall  be  valid  therein  until  the  same  shall  be  ap- 
proved by  Congress,"  it  was  determined  in  the  negative  as  fol- 
lows : 

YEAS.— Messrs.  Allen,  Baldwin.  Benton.  Bradbury.  Clarke,  Corwin,  Davis,  of 
^laisaclinsetts,  Dayton,  Dix,  Dodge.  Felch,  Fitzt,'er3Ul,  Gruone,  Hale,  Hamlin,  Mil- 
ler, Niles,  Uphain,  and  Walker. — 19. 

NAYS.— Messrs.  Atchison,  Alliertou.  Badger,  Bell.  Berrien,  liorlaud,  Breese, 
Bright,  Butler.  Calhoon,  Clayton,  Davis,  of  Miss.,  Dickinson,  Douglas,  Downs, 
Foole,  Haunegan,  Houslon.  Hunter.  Johnson,  of  Maryland.  Johnson,  of  Georgia. 
King.  Lewis,  Mason,  Metcalfe,  Phelps,  Rusk,  Sebastian,  Sturgeon,  Underwood, 
VVesloolt,  and  Yulee.  -33. 

So  the  amendment  was  not  agreed  to. 

Mr.  BALDWIN  moved  to  amend  the  bill  in  the  twenty-sixth 
section,  by  inserting  after  the  word  "  slavery,"  in  line  10,  the  fol- 
lowing ; 

■  Orto  repeal  the  laws  which  were  in  force  in  said  territory,  when  forming  pan  of 
the  repobhcof  ,Me\ico.  prohibiting  slavery  or  involnntary  slavery  tlierein,  or  any  law 
stcunng  the  personal  liberty  of  all  the  inhabitants  thereof,  but  such  laws,  so  far  as 
they  may  not  be  inconsistent  with  tlic  constiintion  oftlic  United  ^States,  shall  lie  and 
reninin  in  force  until  repealed  by  Congress." 

The  question  being  taken,  the  amendment  was  disagreed  to. 

After  further  debate — 

The  question  being  taken  upon  a  motion  by  Mr.  Ci.AHKEto 
amend  the  bill  in  the  26th  section,  after  the  word  "slavery,"  by  in- 
serting :  "  It  being  understood  and  declared  that,  at  the  tiiiie  ol 
the  cession  of  the  territories  of  New  Mexico  and  California  by 
30th  Cong. — 1st  Session — No.  123. 


Mexico  to  the  United  States,  slavery  and  involantary  servitude 
bad  been  abolished  by  the  laws  of  Mexico,  and  did  not  exist  there- 
in ;  and  that  the  laws  now  in  said  territory  shall  be  and  remain  in 
full  force  until  territorial  legislatures  shall  be  formed  by  Congress, 
with  authority  to  change  or  repeal  the  same  ;"  it  was  dotormined 
in  the  negative. 

.So  the  amendment  was  not  agreed  to. 

After  further  debate — 

The  question  being  taken  on  the  motion  by-  Mr.  Johkson,  of 
Maryland,  to  amend  the  bill  by  inserting  in  t-eclion  2A,  at  ihn  end 
ol  lino  38,  the  following: 

"Kxcopt  only  that  in  all  ea«.,  involving  tillo  to  slave.,  llie  ,«i,l  wrili  of  eirni  ..i.p 
jieal  shall  bo  allowed  and  decide.1  bylhc  said  Snpreme  Courl,  without  r-caid  to  tli. 
value  ol  the  matter,  property,  or  title  in  controveni;  and  ncept  abo  ll.nl  a  wnl  of 
error  or  appeal  shall  also  lie  allowed  to  the  Sunreme'r'nnit  of  ihe  I'nitrd  .Stalei  liom 
the  decision  ol  the  said  Supremo  Court  created  by  lbi»  act  or  of  any  jtidje  ibetwf  oi 
ul  the dHiricl conn. created  ly-  this  acl.orofanv  jndg«  uiK.n  any  wrilol  »,r4,«  r'»r 
pus  involving  the  question  of  pononal  freedom.  ' 

it  was  determined  in  the  affirmative,  as  follows: 

YEAS.— Messri.  Allen.  Atherton,  Badjet.  Bcnien.  Bradlmiv.  I  laike  llarton 
I  urwin  Davis,  ol  Maisaclinsetl.  Dayton.  Dij,  Do<i|re.  Felrh,  Fitzjerald,  Griene' 
Hale.  Hamlm,  llonrlon.  Johnson,  of  .Marvland.  John«in,  of  Loai  una.  Kidi 
VVn'l'ke"r-3?  '    ^''"'    '"'"'''"'   "*"'''■  ''•'"""=•'•   ^'«'K">n,  fph.n!. 

,.^;'^X^:— *'"«''•  Atchison.  Demon.  Borland,  Biiglit.  Butler.  Calhoon,  Davu 
ol  .Missigiiipi,  Dickinson.  Downs,  Footo,  Hannrs«n.  Johnson,  of  Gtotiia  I>rwii 
mason,  seba.slian,  Turney,  Wesleoll  Ynlce. — 111. 

So  the  amendment  was  agreed  to. 

The  question   being   taken  upon   the  motion  by  Mr.  Walker 
to  amend   the  bill   in   the  sixth  section  by  striking  out  the  words' 
nor  shall  the  lands  or  other  property  of  non-residents   be  taxed 
highi^r  than  the  lands  or  other  property  of  residents  ;"  it  was  de- 
termined in  the  negative. 

So  the  amendment  was  not  agreed  to. 

After  further  debate — 

The  question  being  taken  on  the  motion  by  Mr.  Baldwin,  to 
amend  the  bill  by  inserting  the  following  additional  section: 

".Indhr  itfurllicTcnnelcd,  That  it  shall  !«  Ihednly  of  Ihealloincya  foi  latd  let 
titorics,  res|ieclivcly,  on  the  complaint  of  any  person  held  in  involuntary  sciviinde 
therein,  to  make  application  in  his  behalf,  in  ilne  Ibrm  of  law,  lo  Iheroorl  neit  lh«r* 
after  to  be  holden  in  said  territory,  for  a  writ  of  halM'as  corpus,  to  lie  directed  to  thv 
person  so  holding  sueli  applicant  in  service,  as  atbresaid,  and  to  pursue  all  nvcdful 
measures  in  bis  behalf;  and,  iltlie  decision  ofsueli  couit  -h.!!!  bo  adverse  lo  such  aii 
plication,  orif,  in  the  return  of  tlie  writ,  relief  shall  be  denied  lo  llie  apphcant  on  Hie 
ground  that  he  is  a  slave  held  in  servitude  in  said  leriilory,  said  attorney  shall  cans*  «* 
appeal  to  be  taken  thcrelVom;  and  the  recoril  of  all  the  procretlings  in  '.lie  caio  tob« 
transinilted  to  the  Supreme  Court  ofllie  United  Suies,  as  speedily  ai  may  b«:  and  lo 
give  notice  thereof  lo  the  Attorney  licneral  of  the  United  Stntcj,  who  ihiill  provsinl-s 
the  same  before  said  court,  wlio  tliall  proceed  to  hear  and  delermina  the  sama  at  Ilie 
first  term  thereof." 

it  was  determined  in  the  negative,  as  follows: 

YEAS.— Messrs.  Allen.  BaWwin.  Benton,  Corwin.  Davton,  Di»,  Dodge,  Felch 
Greene,  Hale,  Hamlin,  Miller,  Niles.  Uphani,  and  Walker'— 15. 

NAYS.— Messrs.  Atchison,  Badger.  Belt,  Beiticn.  Borland,  Bright,  BulJer,  CaJ 
boun,  Clayton,  Davis,  of  ^Mississijtpi,  Dickinson.  Downs,  Foote,  Hannenan, 'lions- 
too.  Hunter,  Johnson,  of  .Maryland.  Johnson,  of  Louisiana,  Johnson,  of  Georgia 
King.  Lewis.  Manguin,  Mason,  Metcalfe,  rhel|i<,  Rosk,  Sebastian,  Sjiroance,  Tnr 
ney,  and  Underwood. — 31. 

So  the  amendment  was  not  agreed  to. 

The  question  being  taken  on  the  motion  by  Mr.  Hale,  to  amend 
the  bill  by  striking  out  section  12,  line  fi,  after  the  word  "act  ' 
the  words  "for  three  mouths  after  the  first  meeting  of  the  legiila- 

turo  of  the  said  territory,"  it  was  determined  in  the  negative,  a« 
follows  : 

YF..VS. — Mesvoi.  Allen,  Atherton.  Baldwin,  Renton,  Bradbary,  Clarke,  Corwiu. 
Davis,  of  Mas.s.,  Dayton,  Dix,  Dodge,  Fitzgerald,  tireene.  Hale,  llnnitia.  Mil- 
ler. Niles,   Spruance,  Upham,  Walker,  and  Ynlce. — 21. 

NAYS.— Messrs.  Atchison,  Badger.  Bell,  Berrien,  Borland,  Breese.  Bright.  Bat. 
ler,  Calhoun,  Clayton,  Davis,  of  Miss..  Dickinson,  Douglas.  Downs.  Foote.' Man 
negan.  Honston,  Hunter,  Johnson,  of  .Md.,  Johnson,  of  La.,  Johnson,  of  lia. 
Kng.  Lewis,  Mangnm,  Mason,  .^letcnlfe.  Rusk.  Sebastian.  Stnr-jcon.  Tnrnev! 
Umlerwood,  Westcott.  and  Yulee. — ICt. 

So  the  amendment  was  not  agreed  to. 

Mr.  DAVIS,  of  Mass.,  moved  to  amend  the  bill  by  striking 
out  the  12th  section,  and  in  lieu  thereof  inserting  : 

Sec.  12.  And  bciifitrther  enacted.  That  so  much  of  the  Itth  seclioii  of  tha  ordi- 
nance of  the  I3th  of  July.  17^7.  as  is  contained  in  the  following  words,  lo  wit  : 
"  There  shall  be  neither  slavery  nor  involnntary  servitude  in  liie  said  territory  other- 
wise than  in  punishment  of  crimes  whereof  the  parly  shall  have  been  duly  convicted  , 
shall  be  and  remain  in  force  within  the  territory  of  Oregon." 

Upon  the  question  of  agreeing  to  this  amendment,  the  yeas  and 
nays  were  ordered,  and  it  was  determined  in  the  negative  as  fol- 
lows : 

YEAS. — ^lessrs.  Allen,  .\therton.  Baldwin.  Benton,  Bradbury,  Clarke,  Corwin, 
Davis,  of  Massachusetts,  Dayton,  Dix,  Dodge,  Felch,  Fitzgerald,  Greene,  Hale, 
Hamlin,  Miller,  Niles,  Upham,  and  ^\'alker. — 'i\. 

-NAYS. — Messrs.  Atchison,  Badger,  Bell,  Berrien,  Borland.  Bre«se.  Bright.  But- 
ler, t^'alhoun,  Clayton,  Davis,  of  .Miss.,  Dickinson,  Douglas,  Downs,  Foote,  Hanne- 
s.in.  Houston,  Johnson,  of  j\Id.,  Johnson,  of  La..  Johnson,  of  Ga.,  King,  L«wi«, 
iVIanguni,  Mason,  Metcalfe,  Kosk,  Sebastian,  Spraance,  Starj^n,  Tnrney.  Undet- 
wood,  W'estcott,  and  Yulee. — ;t3. 

So  the  amendment  was  not  agreed  to. 


THE  COMPROMISE  BILL. 


978 

No  further  amendments  being  proposed  the  bill  was  reported  to 
the  Senate,  and  the  amendments  were  concurred  m. 

After  further  debate— 

The   .luestion  beinpr  taken   on   a  motion   by   Mr.  DAVIS,   of 
Massachusetts,  further  to  amend  the  h,l  ,  by  msertrnj:    section  2.S 
lino  3    after  the  word   '■Mexico,"    -  includins  all  territory  cxc-pl 
Upper  California,"  it  was  determined  in  the  negative,  as  lollows  : 

YEAS.-Messrs.  Bul.livin,  Clarke,  Corwin,  Davis,  of  Massarl,u«tU.  Miller,  ami 
"'i'^'i^'-Mess,.    Allen,    Atdiiso...  Alherton,   Badger.  Bell.   Benton.  Bejrien, 

.Slorgeon,  Tnrney,  Underwooil,  Walker.  WeslcoU,  and  \  ulee— 14. 

So  the  ameBdment  was  not  agreed  to. 
After  further  debate- 
On  the  question,  "  Shall  this  bill  be  engrossed  and  read  a  third 
time  ?"— 

The  yeas  and  nays  were  demanded  and  ordered,  and  it  was  de- 
termined in  the  affirmative  as  follows  : 


[Wednesday, 


YEAS— Messrs.  Atchison,  Atherton,  Benton.  Berrien,  Borland,  Breese.  Bright, 
Buller  Calhoun,  Clayton,  Davis,  of  Mississippi,  Dickinson,  Donglas,  Dovvris,  Foole, 
Hanne'ean.  Honslon.  Johnson  of  Maryland,  Johnson,  of  Louisiana,  John=OD.  of 
Georgia.  King.  Lewis.  Mangum.  Mason,  Phelps,  Rusk,  Sehastian,  Spruance,  Stor- 
ceon   Turnev,  We3lcott,y  ulee.— 113.  „,    ,        ^ 

N.\YS— Messrs  Allen,  BaHfer,  Baldwin,  Bell,  Bradbnry,  Clarke,  Corwin, 
Davis  of  Massachu<etti.  Dayton,  Dijt,  Dodge.  Felch.  Fitzgerald,  Greene,  Hale, 
Hamlin,  Melcalfe,    Miller,   Niles,  Underwood,  Upham,  and  Walker— 33. 

So  it  was 

Ordered,  That  the  bill  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time. 

Resolved,  That  it  pass,  and  that  the  title  thereof  he  a.  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

ADJOURNMENT    OVER. 

On  motion  by  Mr.  HANNEGAN,  it  was 
Ordered,  That  when  the  Senate  adjourn,  it  be  to  Friday  next. 
And  at  53  minutes  past  7  o'clock  in   the  morning  of  Thursday, 
July  27, 

The  Senate  adjourned. 


July  28.] 


PRIVATE  BILLS,  ETC. 


979 


FRIDAY,  JULY  28,  1848. 


MESSAGE  FROM    THE    HOUSE. 

The  followinjj  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President  :  tile  House  of  Represpiitntivrs  have  passed  a  reiollilion  to 
amend  the  Joint  rules  of  the  two  Houses  in  relation  to  the  husiness  jiendlng  at  the 
cloie  of  each  session  ;  in  which  they  request  the  concurrenee  of  the  Senate. 

They  have  passed  a  bill  from  the  Scua'e  for  the  payment  of  liquidated  claim* 
against  Mexico,  with  an  amendment;  in  which  tliey  request  the  concurrence  of  the 
Senate. 

REPORTS    FROM    DEPART.MENTS. 

The  VICE  PRESIDENT  laid  before  the  Senate  a  report  of 
the  Secretary  of  the  Treastiry,  inade  in  cunipliaiico  with  a  leso- 
lulion  of  the  Senate,  in  relation  tti  tinexponded  balances  of  former 
appropriations  lor  snrveys  of  ])tiblic  lands  ;  which  was  read  and 
referred  to  the  Committee  on  Finance. 

The  VICE  PRESIDENT  laid  before  the  Senate,  a  report  of 
the  Secretary  of  the  Navy  made  in  compliance  with  a  resolution 
of  the  Senate,  accompanied  by  returns  of  ptitiishmcnts  in  the  Navy  ; 
which  was  read. 

MEXICAN    INDEMNITY. 

The  Senate  proceeded  to  consider  the  amendment  of  the  House 
of  Representatives  to  the  bill  for  the  payment  of  liquidated  claims 
against  Mexico  ;  and  it  was 

Resolveil.  That  they  concur  therein 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives aeeordingly. 

SIGNING    OF    A    BILL. 

The  VICE  PRESIDENT  signed  the  enrolled  ''bill  making 
appropriations  for  iho  current  and  contingent  expenses  of  the  In- 
dian Department,  and  lor  lullilling  treaty  stipulations  with  the 
various  Indian  tribes  for  the  year  ending  the  3Uth  June,  184U." 

NAVAL  APPBOPRIATION    BILL. 

Mr.  ATHERTON  from  the  Committee  on  Finance,  to  whom 
was  referred  the  amendments  of  the  Senate,  amended  and  disa- 
greed to  by  the  House  of  Representatives,  to  the  bill  making  ap- 
propriations for  the  naval  service  for  the  year  ending  the  30th 
June.  1849,  reported  thereon. 

The  Senate  proceeded  to  consider  the  said  amendments  ;  and  it 
was 

Resoiveil,  That  they  recede  from  their  llrst  and  second  amendments,  dis.-^gteod  to 
by  the  House  of  Representatives,  insist  on  their  sixth,  tenth,  and  nineteenth  amend- 
ments, and  ask  a  conlerenee  on  the  disagreei.is  votes  of  the  two  Houses. 

Ordered,  That  Mr.  Athebton,  Mr.  Phelps,  and  Mr.  Yulee 
be  the  committee  of  conference  on  the  part  of  the  Senate. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

AMENDMENT   OF  THE  RULES. 

The  Senate  proceeded  to  consider  the  resolution  from  the  House 
of  Representatives  to  amend  the  joint  rules  of  the  two  Houses  ; 
and  after  some  discussion  it  was 

Ordered,  That  it  lie  on  the  table. 

OUTFIT  TO  THE  COMMISSIONER  TO  THE  SANDWICH  ISLANDS. 

Mr.  FELCH  submitted  the  following  resolution;  which  was 
considered  by  unanimous  consent    and  agreed  to  : 

liesitU-cd,  Thai  the  (^mmiltee  on  Foreign  Relations  be  instructed  to  inquire  into 
the  expediency  of  allowing  an  oultit  to  the  coiiipaiiics  to  the  Sandwich  islands. 

ALTERATION    OF  THE   RULES. 

The  Senate  proceeded  to  consider  the  resolution  submitted  by 
Mr.  Underwood,  the  20th  instant,  in  relation  to  a  new  rule  for 
conducting  business  in  the  Senate  ;  and  after  some  discussion — 

On  motion  by  Mr.  BRIGHT,  it  was 

Ordered.  That  il  lie  on  the  table. 

PAY  AND  allowances  TO   OFFICERS  OF  THE  ARMY. 

The  Senate  proceeded  the  consider  of  the  resolution  sub- 
mitted by  .VIr.  Hale,  the  20th  instant,  in  relation  to  payments  to 
officers  and  others  of  the  army  ;  and  the  resolution  was  agreed  to. 

Fremont's   exploration. 

The  Senate  proceeded  to  consider  the  resolution  submitted  by 
Mr.  Breese,  the  2(nh  instant,  for  the  appointment  of  a  select 
commiitee  to  inquire  into  the  expediency  of  providing  lor  the  pub- 
lication of  the  results  of  the  exploring  expedition  of  J.  C.  Fremont 
to  California  and  Oregon  ;  and  the  resolution  was  agreed  to. 

It  was,  ou  motion  of  Mr.  BREESE,       _^ 


Onified,  That  the  committee  be   appointed  by  the  Vice  Presi. 

dent,  and 

Mr.  Breese,  Mr.  Borland,  Mr.  Clarke,  Mr.  Dodoe,  and 
Mr.  Metcalfe  were  accordingly  appointed. 

PRIVATE   bills. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Commiitee  on  Pen- 
sions, to  whom  was  referred  the  bill  granting  a  pension  to  Wm. 
Piltman,  reported  it  without  amendment. 

Mr.  MASON,  from  the  Committee  on  Foreicn  Relations,  to 
whom  was  referred  the  memorial  of  George  L.  Breni  nnd  Joseph 
Graham,  submitted  a  report,  accompanied  by  a  bill,  for  their  re- 
lief. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  he  printed. 

ADVERSE    REPORTS. 

Mr.  BRIGHT,  from  the  Committee  on  Revolutionary  Claims, 
to  whom  wiis  referred  the  memorial  of  Hayn  M.  Aaloman,  sub- 
mitted an  adverse  report;  which  was  ordered  to  be  printed. 

Mr.  JOHNSON,  of  I>ouisiana,  from  the  Commiitee  on  Pen- 
sions, to  whom  was  reler  ed  the  petition  of  Jedidiah  Gray,  sub- 
mitted an  adverse  report;  which  was  ordered  to  bo  printed. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Commiitee  on  Pensions, 
to  v\  liom  v\'as  referred  the  petition  of  Amos  Doreghiy,  submitted 
an  adverse  report;  which  was  ordered  to  be  printed. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  was  referred  the  petition  of  John  Bcatty,  submitted 
an  adverse  report;  which  was  ortjcred  to  be  printed. 

PRIVATE  bill. 

Mr.  FOOTE,  from  the  Commiitee  on  Private  Land  Claims,  to 
whom  was  referred  the  memorial  of  Morgan  McAfee,  submitted  a 
report,  accompanied  by  a  bill,  for  the  relief  of  the  heirs  and  Icjfal 
representatives  of  Joseph  McAfee,  deceased. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  bo  printed. 

NEBRASKA. 

JSJMr.  BORLAND,  by  unanimous  consent,  asVed'and  obtained 
leave  to  bring  in  a  bill  to  attach  the  territory  of  Nebraska  to  the 
surveying  district  ol  Arkansas;  which  was  read  the  first  and 
eeconil  times,  by  unanimous  consent,  iinJ  referred  to  the  Commit- 
tee on  Public  Lands. 

EXTRA  PAY  TO  VOLUNTEERS,  ETC. 

Mr.  BREESK,  by  unanimous  consent,  asked  and  obtained  leave 
to  bring  in  a  resolution  to  provide  for  the  speedy  payment  of  the 
three  months  |my  to  tlie  officers,  non-commissioned  ollieers,  musi- 
cians, and  privnics,  who  have  served  in  the  late  war  with  Mexico, 
the  extra  pay  allowed  them  by  the  act  of  July  19th,  184S;  which 
was  read  the  first  and  second  times  by  unanimous  coi.s;nt,  and  con- 
sidered as  in  Committee  of  the  Whole;  and  no  amendment  being 
made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 
The  said  resolution  was  read  a  third  time  by  unanimous  con- 
sent. 

Resolved,  That  tliis  resolution  pas*,  and  Uiatiu  titla  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  (he 
House  of  Representatives  therein. 

E.XTRADITION    TBE.\TIES. 

The  bill  o-ivinc  effect  to  certain  treaty  stipulations  between  this 
and  forcisn^governments,  for  apprehension  and  delivery  up  of  cer- 
tain olTenders,  was  read  the  second  and  third  time,  and  considered 

as  in  Committee  of  the  Whole. 

Mr.  DAYTON  referred  to  the  existing  treaties  on  the  subject 
with  Great  Britain  and  France.  A  case  had  occurred  under  the 
former  in  which  the  fugitive  was  surrendered.  A  case  had  also 
occurred  under  the  French  treaty,  in  which  Judge  Betts,  of  New 
York,  held  a  fugitive  charged  with  forgery.  By  writ  of  habeas 
corpus,  this  case  was  brought  to  the  United  Stales  Supreme  Court, 
where  it  was  refused  to  be  considered,  because  Judge  Betts  heard 
the  ease  iu  chambers,  and  the  Supreme  Court  held  it  had  no  juris- 
diction in  the  case.  He  stated  that,  under  all  the  circumstances, 
this  bill  was  reported,  and  he  hoped  it  would  be  promptly  passed. 


980 


EXTRADITION  TREATIES. 


[Friday, 


Mr.  HALE  suggested  that  there  was  a  defect  in  the  bill,  inas- 
much as  it  brought  citizens  of  the  United  Statis  within  the  opera- 
tion of  the  bill,  and  subjected  them  to  be  delivered  up  without 
form  of  trial.  He  bad  prepared  an  amendment,  which  be  would 
move  to  introdute  at  the  end  of  the  bill. 

Mr.  DAYTON  objected  to  the  amendment  as  subjecting  every 
criminal  to  a  trial  by  jury  before  he  shall  be  delivered  up.  If  any- 
thing of  this  kind  is  desired,  tb'i  treaty  ought  to  be  amended.  We 
are  bound  to  carry  out  treaties  as  they  stand. 

Mr.  HALE  said  he  looked  on  these  extraditional  treaties  with 
jealousy,  and  he  thought  the  Senate  ought  to  do  so,  especially  in 
such  times  as  these,  when  we  may  eipect  enough  business  of  this 
kind  on  our  bands.  Suppose  an  individual  denies  that  he  is  the 
person  designated,  and  that  most  difficult  question — the  question 
of  identity — should  arise,  it  ought  to  be  settled  before  the  person 
IS  delivered  up.  The  object  of  bis  amendment  was  to  give  the 
person  an  opportunity  to  prove  his  innocence.  He  called  on  the 
Senate  to  be  careful  not  to  lessen  the  securities  for  personal  free- 
dom. 

Mr.  KING  said  that  the  Senator  from  New  Hampshire  had  ta- 
ken a  wrong  view  of  the  matter.  This  bill  did  not  touch  political 
oflonces.  As  to  American  citizens  being  taken  in  foreign  countries 
for  crimes,  there  was  no  danger  that  any  would  be  wrongfully 
claimed  by  our  government.  He  stated  the  diiliciilties  he  had  lo 
encounter  while  in  France  in  endeavoring  to  discover  and  arrest 
a  fugitive  from  justice  who  had  escaped  into  Switzerland.  He  was 
foiled  in  his  eflbrts,  and  be  then  made  a  treaty  with  the  Swiss  gov- 
ernment which  will  lender  such  arrests  easy  hereafter.  But  wo 
ought  not  to  expect  foreign  governments  to  lend  us  facilities,  if  we 
do  not  show  a  disposition  lo  reciprocate. 

Mr.  BUTLER  suggested  the  propriety  of  showing  a  becoming 
comity  towards  other  nations;  all  being  alike  interested  in  the  ar- 
rest of  criminals  who  are  seeking  to  escape  from  justice.  He  ob- 
jected to  the  amendment  moved  by  the  Senator  from  Now  Hamp- 
shire. 

Mr.  HALE  made  some  remarks  in  defence  of  his  proposition. 
Those  around  bim  seemed  to  think  that  he  desired  to  make  this 
country  a  rogue's  harbor.  Quite  the  reverse.  It  was  only  by  a 
trial  by  jury  that  rogues  were  brought  to  punishment.  He  refer- 
red again  to  the  difficulties  which  perplexed  questions  of  identity, 
and  to  the  ruinous  consequences  to  an  individual  from  a  false  im- 
putation of  crime. 

Mr.  BADGER  thought  that  there  was  not  only  no  good  ground, 
but  no  reasonable  apology  for  the  indignant  eloquence  of  the  Sen- 
ator from  New  Hampshire.  His  anger  should  have  been  directed 
against  the  treaty,  not  against  the  law  which  was  necessary  to 
carry  it  into  operation.  He  stated  that  the  treaties  are  especially 
guarded  against  including  political  oflences.  They  had  relation 
only  to  men  who  prey  on  society.  He  thought  it  might  be  well  to 
amend  the  bill,  by  inserting  after  the  words  "according  to  the 
terms,"  the  words,  ''and  true  intent,"  of  the  treaty.  We  do  not 
undertake  to  try  foreign  criminab,  but  merely,  on  such  evidence 
as  would  justify  his  committal  here  for  trial,  lo  deliver  up  the  in- 
dividual. 

Mr.  DAYTON  defended  the  bill,  and  assured  the  Senator  from 
New  Hampshire  that  no  act  we  could  pass  would  take  away  from 
American  citizens  the  constitutional  right  of  a  trial  by  jnry. 

The  amendment  was  then  negatived. 

Mr.  BALDWIN  moved  to  amend  the  bill,  by  striking  out  the 
■words  "justice  of  peace,"  and  inserting  in  lieu  thereof  the  words, 
"Justice  of  the  Supreme  Court,  and  judge  of  a  district  court." 

Mr.  BUTLER  said,  he  thought  it  unnecessary,  but  he  had  no 
particular  objection  to  the  amendment. 

Mr.  DAYTON  said,  that  the  language  was  in  conformity  with 
the  treaty;  but  if  his  friend  from  Connecticut  was  tenacious  about 
it,  he  had  no  objection. 

The  amendment  was  agreed  to. 

Mr.  DAYTON  modified  the  bill,  by  inserting  the  words  "true 
intent  and  meaning,"  as  suggested  by  the  Senator  from  North 
Carolina,  [Mr.  Badger.] 

The  bill  was  then  reported  to  the  Senate,  and  the  amendments 
were  concurred  in. 

Ordered,  That  it  be  engrossed  and  reed  a  third  time. 

The  said  bill  was  read  a  third  lime. 

On  the  question  "Shall  this  bill  pass?"  the  yeas  and  nays  were  or. 
dered,  and  it  was  determined  in  the  aflirmativc,  as  follows: 

\'KAS. — .Messrs.  Badger.  B:ild\vin,  Ik-ll,  Hurlaiiil,  lUadlniry,  Riitler,  Callioun, 
r'larke,  Clayton,  Davis,  of  MissiBsi,»i)i,  Dayton,  Dickinson,  fjix,  Downs,  Felch, 
Fitzgerald,  Koote,  Hamlin,  Houston,  Jo'.tnson,  of  l.ouiviana,  Johnson,  of  Georgia, 
King,  Lewis,  Mangnm,  Metcalfe,  Miller,  I'helps,  {Sebastian,  Spruance,  Sturgeon, 
Underwooil,  Upliain  and  Walker. — Xi. 

NAYS.— Messrs.  Benton,  Breese,  Bright,  Dodgt,  Hale,  llannegan,  and  Rusk.— 7, 

So  it  was 

Rcaolved,  That  this  hill  i)a8s,  and  that  the  title  tliereof  be  8s  aforesaid. 

Ordered,  That  the  Secretary  request  tho  concurrence  of  tUe 
House  of  Representatives  in  this  bill. 


CHEROKEE   CLAIMS. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  consid- 
eration of  the  resolution  authorizing  the  proper  accounting  officers 
of  the  Trasury  to  make  a  just  and  fair  settlement  of  the  claims  of 
the  Cherokee  nation  of  Indians,  according  to  the  principles  estab- 
lished by  the  treaty  of  August,  1S46. 

Mi.  bell  suggested  to  the  Senator  from  Arkansas  [Mr.  Se 
bastian]  to  withdr.aw  the  amendment  he  had  submitted  on  a  for- 
mer day,  as  it  involved  a  large  amount  of  appropriation,  and 
would,  at  this  late  period  of  the  session,  seriously  embarrass  the 
passage  of  the  resolution.  The  joint  resolution  might  be  passed, 
with  a  provision  referring  it  to  the  Secretary  of  War  lo  examine 
and  report  to  the  next  session  of  Congress. 

Mr.  SEBASTIAN  consented  to  withdraw  the  amendment,  and 
to  renew  it  hereafter. 

The  CHAIR  stated  that  the  amendment  had  been  agreed  loby 
the  Senate,  but  the  Senate  could  refuse  to  concur  in  it. 

Mr.  BRADBURY  made  some  remarks  on  the  importance  of 
the  resolution  as  involving  a  large  amount  of  money.  He  hadob. 
jections  to  the  reference  of  the  settlement  to  one  of  the  depart- 
ments, and  thought  it  would  be  better  to  keep  the  control  of  the 
subject  in  the  hands  of  the  Senate.  The  report  of  the  Comrais- 
finner  of  Indian  Aflairs,  it  appears,  had  not  been  satisfactory  ;  yet 
be  [Mr.  B.]  had  bad  no  opportunity  lo  examine  that  report. 

Mr.  BELL  .said  he  had  proposed  the  change  in  the  resolution 
for  the  put  pose  of  obviating  these  objections.  As  to  the  examin- 
ing all  the  accounts,  that  was  the  province  of  an  executive  officer 
rather  than  of  the  Senate.  After  the  adjudication  by  the  Com- 
missioner, the  amendment  he  now  sent  to  the  chair  provided  that 
he  should  report  the  same  to  the  next  session  of  Congress. 

Mr.  ALLEN  made  some  observations  against  the  course  indi- 
cated in  this  resolution.  He  prounced  a  high  eulogy  on  the  Com- 
missioner of  Indian  Afiairs,  pronouncing  him  a  nioral  man,  wbo.se 
connection  with  the  government  conferred  greater  honor  on  that 
government  than  on  himself.  He  moved  lo  lay  the  bill  on  the  ta- 
ble, but  withdrew  it  at  the  request  of — 

Mr.  BELL,  who  denied  having  attacked  Mr.  Medill,  and 
thought  the  eulogy  of  the  Senator  from  Ohio  entirely  gratuitotis. 
That  gentleman  was  certainly  no  more  than  a  subordinate  officer 
of  the  government ;  and  this  was  a  case  not  only  important  on  ac- 
count of  the  amount  of  expenditure,  but  on  account  of  the  labor 
resulting  from  it.  He  had  not  charged  that  the  report  af  the 
Commissioner  was  incorrect,  but  there  bad  been  opposition  to  it, 
and  it  was  desirable  that  it  should  be  properly  investigated. 

The  amendment  of  Mr.  BELL  was  then  agreed  to. 

Mr.  ALLEN  moved  to  lay  the  resolution  on  the  table  •  Ayes 
9,  Nays  15. 

There  being  no  quorum,  the  motion  was  withdrawn. 

The  resolution  was  then  reported  to  the  Senate,  and  the  amend- 
ments were  concurred  in. 

On  the  question  "  Shall  this  resolution  be  engrossed  and  read  a 
lime  '" — the  yeas  and  nays  were  ordered,  and  it  was  determined 
in  the  affirmative,  as  follows  : 

Y'EAS — IMessi-s.  Atchison,  Badger,  Baldwin,  Bell,  Benton,  Borland,  Butlei 
Clarke,  Clayton,  Downs,  Greene,  llanneijan,  Johnson,  of  Louisiana,  Lewis,  Man 
sum.  Mason,  Metcalfe,  Miller,  Phelps,  "Rusk,  Sebastian,  Spmanee,  Underwood. 
Upliam.  and  Yulee — 2,5 

NAY'S— Messrs,  Allen,  Atherton,  Bradburv.  Breese,  Brght,  Davis  of  Mississippi, 
Dickinson,  Dodse,  Eelcli,  Fitzgerald,  Hainlin," Sturgeon,  Turney,  and  Walker— 14. 

So  it  was 

Ordered,  That  this  resolution  be  engrossed  and  read  a  third 
time. 

The  said  resolution  was  read  a  third  time. 

Ufsoh'al,  That  this  resolution  pass,  and  that  the  title  thereof  be  as  albresaid 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

JUDICIAL  POWERS  TO  MINISTERS  AND  CONSULS. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  consi- 
deration of  the  bill  lo  carry  into  effect  certain  provisions  in  the 
treaties  between  the  United  States  and  China,  and  the  Ottoman 
Porte,  giving  certain  judicial  powers  to  ministers  and  consuls  of 
the  United  States  in  those  countries  ;  and,  having  been  amended 
by  the  adoption  of  a  substitute  heretofore  proposed  by  Mr.  DA- 
NIS,  of  Massachusetts,  it  was  reported  lo  the  Senate,  and  the 
amendments  were  concurred  in. 

Ordered,  That  it  bo  engrossed  and  read  a  third  time. 

Jirtiutral,  That  this  bill  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

REVOLUTIONARY  WIDOWS. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  for  the  relief  of  eertain  survivJBg  widows  of  tha 


July  28.J 


ADJOURNMENT  RESOLUTION. 


981 


revolutionary  war;  and  no  amendment  being  made,  it  was  reported 
to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Resolved,  That  it  pass. 

Ordered,  That  the  Seoretary  notify  the  House  of  Representatives 
accordingly. 

MESSAGE    FROM    THE    HOUSE. 

The  followinn;  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  President :  The  House  of  Representatives  have  passed  a  bill  for  the  relief  of  Pe- 
ter Shatter,  in  which  they  request  the  coneurrenee  of  Uie  Senate. 

They  insist  on  their  amendments  disagreed  to  hy  the  Senate  to  the  hill  renewing 
certain  naval  pensions  lor  the  term  of  five  years,  and  extending  the  benetitof  cxistin" 
laws  respecting  naval  pensions  to  engineers,  firemen,  coal  heavers,  in  the  navy,  and 
to  their  widows;  ask  a  conference  on  their  disagreeing  votes  of  the  two  Houses'  and 
have  api>ointcd  a  committee  of  conference  on  their  part. 

ADJOURNMENT    RESOLUTION. 

On  motion  by  Mr.  HANNEGAN,  the  Senate  proceeded  to  the 
consideration  ol  the  joint  resolution  from  the  House  of  Representa- 
tives fixing  the  7th  day  of  August  for  the  adjournment. 

Mr.  BREESE  moved   to  strike  out  the  7th  and  insert  the  14ili. 

Mr.  HANNEGAN  and  Mr.  CALHOUN  thought  the  business 
could  all  be  done  by  ;he  7th.  There  was  now  nothing  to  be 
gained  by  sitting  longer. 

Mr.  FOOTE  said  he  was  not  willing  to  go  away  and  leave  the 
country  in  danger,  as  he  thought  it  was. 

Mr.  DOWNS  thought  that  another  week  would  be  required  to 
get  through  the  necessary  business.  H«  would  therefore  prefer 
the  14Ui.  He  would  not  content  to  take  another  step  en  the  sub- 
ject of  a  compromise. 

Mr.  DOUGLAS  would  not  be  willing  to  adjourn  and  to  leave 
the  territories  without  law.  The  general  appropriation  bill,  and 
other  important  bills  have  to  be  acted  on.  A  bill  for  a  territorial 
government  in  Minesota  had  been  reported  early  in  the  session, 
and  this  ought  to  be  acted  on.  The  government  has  ordered  troops 
there  to  prevent  collision  with  Indians.  He  did  not  see  why  we 
should  adjourn  because  the  Senate  has  been  thwarted  in  one  of  its 
measures.  If  we  adjourn  without  establishing  the  territorial  gov- 
ernments, we  shall  be  responsible  for  the  blood  of  men,  women, 
and  children,  which  will  be  shed. 

Mr.  BENTON  regietted  that  this  resolution  had  been  called 
up.  He  was  opposed  to  fixing  any  day  for  adjournment,  until  tlie 
great  measures  are  all  disposed  of.  The  world  would  be  ted  to 
the  impression  that  the  Senate  is  acting  from  a  feeling  of  resent- 
ment. It  would  be  much  wiser  that  we  should  let  the  world  see 
that  we  refuse  to  adjourn  until  the  territorial  bills  shall  be  passed. 
The  judgment  of  the  world  would  be  against  us,  when  it  is  known 
that,  immediately  after  the  House  had  rejected  the  territi'rial  bill, 
a  Senator  jumped  up  in  the  middle  of  an  afternoon  session,  and 
called  up  the  resolution  of  adjournment.  He  had  only  spoken  once 
on  the  territorial  bill.  He  had  voted  for  it,  because  it  was  neces- 
sary to  provide  some  government  for  the  territories.  But  could 
not  the  House  send  a  bill  to  the  Senate  for  this  purpose  ?  If  we 
go  and  leave  anything  unfinished,  in  the  present  agitation  of  pub- 
lic opinion,  Senators  must  expect  to  meet,  at  every  turn,  the 
question — whose  fault  is  it  that  nothing  is  done  ?  He  was  willing 
to  take  any  bill  which  might  come  from  the  House  rather  than 
leave  the  territories  without  a  government.  Having  labored  hard 
to  get  Oregon,  how  inconsistent  to  let  her  remain  without. ti  gov- 
ernment !  Then  came  California  and  New  Mexico.  Are  tney  to 
be  left  without  law  ?  He  then  went  into  a  view  of  the  present 
condition  of  those  territories,  in  order  to  show  the  necessity  for 
prompt  legislation  on  the  subject.  A  continuance  of  the  present 
unsettled  slate  of  things  can  have  no  other  efl'ect  than  to  make  our 
relations  more  perplexed  and  diflicult  of  arrangement. 

Mr.  DAYTON  advocated  the  resolution  as  it  came  from  the 
House.  To  talk  of  the  movement  of  the  Senate  being  construed 
into  an  act  of  resentment,  was  absurd,  when  it  was  remembered 
that  twenty-two  of  the  Senators  voted  against  the  territorial  bill, 
and  that  a  majority  of  them  would  vote  for  this  resolution. 

Mr.  HANNEGAN  replied  to  the  objections  to  the  resolution, 
and  urged  that  to  remain  here  beyond  the  7th  would  be  useless. 
To  adopt  the  amendment,  would  be  to  add  only  another  week  of 
talk.     He  hoped  Monday  week  would  be  agreed  on. 

Mr.  BREESE  withdrew  his  amendment,  and  moved  to  lav  the 
resolution  on  the  table,  and  asked  the  yeas  and  nays;  which  wore 
ordered. 

Mr.  KING  suggested  that  the  motion  be  varied,  so  as  to  make 
it  a  postponement  until  Monday. 

The  question  was  then  taken  on  the  motion  to  lay  on  the  table, 
and  decided  as  follows  : 

YEAS— Slessrs.  Alherton.  Benton.  Breese,  Bright.  Clayton,  Dodge,  Douglas, 
Downs,  Foote,  Johnson,  of  Louisiana,  Johnson,  of  Georgia,  King,  Lewis,  Mason, 
Phelps,  Sturgeon,  and   Westcott- — 17. 

NAYS— Messrs.  Allen,  Atchison,  Badger,  Baldwin,  Bell.  Borland,  Bradbury, 
BuUer,  Calhoun,  Clarke,  Davis,  of  Mississipiii,  Dayton,  Dickinson.  Di.^.  Felch,  Fiti- 
gerald,  Greene.  Hale.  Hamlin.  Hannegan,  llouston.  Hunter,  Metcajfe,  Miller,  Nile!, 
bebastian,  Spruaoce,  Turney,  L^nderwood,  Uphani,  \Valker,  and  Yulee.^^2, 

Mr.  BREESE  moved  to  strike  out  7th  and  insert  14th. 
The  yeas  and  nays  were  th«n  ordered  on  the  motion. 


Mr.  KING  thought  we  should  not  be  able  to  get  through  all 
the  needful  business  for  the  carrying  on  of  the  government  by  the 
7th.  He  understood  from  some  gentlemen  at  the  head  of  iniluen- 
tial  committees  of  the  House,  that  they  would  not  be  ready  to  ad- 
journ before  a  week  after  that  time.  He  desired  to  satisfy  him- 
self on  these  points,  and  would  therefore  move  to  postpone  the  far- 
ther consideration  of  the  resolution  until  Monday  next. 

Mr.  DAYTON  was  willing  to  do  any  thing  which  iiersonal 
courtesy  dictated  for  the  oecommodation  of  the  Senator  from  Ala- 
bama, but  he  thought  we  had  the  whole  subject  before  us,  and  he 
hoped  the  subject  would  be  taken  up  and  acted  on. 

Mr.  ALLEN  would  vote  to  postpone  till  Monday,  and  would 
then  vole  to  take  it  up,  and  to  fix  on  the  14th  as  the  day  of  ad- 
journment. 

Mr.  DIX  said  he  would  voto  against  postponement,  and  in  favor 

of  the  7th. 

Mr.  FOOTE  believed  that  the  House  would  do  its  duty,  and 
that  a  little  postponement  would  be  best.     He  would  not  vote  for 

adjournment  at  present. 

Mr.  HALE  moved  that  the  Senate  now  adjourn  ;  which  was  ne- 
gatived, 

The  question  was  then  taken  on  the  motion  to  postpone,  and  de- 
cided as  follows  : 

YK.VS— .Me«sri.  All,-n,  Alherton.  P.enlon,  Breew.  IlMfhl.  CUylon.  Oariv  of 
MiBsissipni.  Dickinson,  Dodge,  Douglan,  Downs.  Foole,  llou.loil.  John.on.  jf  Lou 
isiana  Johnson,  of  (Georgia,  King,  Lewis,  Maion,  Phelin,  SlurecoD,  and  Wet: 
cott— 21. 

NAVS— Messrs.  Atchison,  Badger.  Baldwin,  Bell.  Borland,  nradborv.  Bnller 
Calhoun.  Clarke.  Daylon,  Dis,  Felch,  Fitzgerald,  Gre<?ne,  Hale,  Hamlin,  Hn- 
negan.  tlnnter,  Metcalfe.  Miller,  Niles,  SebasUan,  Siiraance,  Tarary,  Underwood. 
L'pliam,  Walker,  and  Yulee.— 2*1. 

The  question  being  on  the  motion  to  strike  out  7ih  and  insert 
14th— 

Mr.  NILES  said,  that  instead  of  an  adjournment  being  regarded 
as  an  unpatriotic  act,  our  constituents  would  probably  regard  it  as 
the  most  patriotic,  the  only  patriotic  act  of  the  session.  If  we  stay 
any  longer,  it  may  bo  that  our  constitaents  will  have  forgeiien  us 

altogether. 

Mr.  DAVIS,  of  Mississippi,  said  he  should  be  compelled  to  ad- 
here to  a  pledge  he  had  once  given  not  to  vote  for  fixing  a  day  of 
adjournment,  as  he  did  not  feel  disposed  to  leave  the  territories 
without  a  government. 

Mr.  METCALFE  thought  we  could  not  get  through  by  the 
7th.  If  we  make  it  the  14th,  the  House  will  then  have  it  in  its 
power  to  take  it,  or  tc  amend  it  by  fixing  a  longer  period,  should 
it  be  deemed  necessary  for  the  completion  of  the  business.  He  re- 
buked the  frequency  with  which  the  separation  of  the  Union  was 
alluded  to. 

Mr.  DOUGL.\S  asked  the  chairman  of  the  Committee  on  Fi- 
nance if  he  thought  the  appropriation  bills  could  be  got  through 
with  by  the  7th? 

Mr.  ATHERTON  replied,  that  he  thought  that  the  civil  and 
diplomatic  and  the  army  appropriation  bills  would  occupy  until  the 
7th  without  other  business.     He  thought  we  might  get  through  by 

the  14 th. 

Mr.  DIX  hoped  that  the  appropriation  bills  would  be  acted  on 
by  the  7th. 

Mr.  ATCHISON  said,  with  all  the  facts  before  him,  he  did  not 
think  be  would  be  doing  bis  duty  if  he  voted  for  the  7th.  He  did 
not  entertain  the  slightest  hope  that  there  would  beany  territorial 
bill  from  the  House.  But  if  the  chairman  of  the  Finance  Commit- 
tee thought  he  could  not  get  through  the  appropriation  bills  by  the 
7th,  he  was  willing  to  vote  for  the  14th. 

Mr.  TURNEY  opposed  the  amendment  in  a  few  remarks,  iu 
which  he  evinced  much  warmth,  in  relation  to  the  summary  dispo- 
sal of  the  compromise  bill  by  the  House  of  Representatives,  and 
declared  that  as  he  had  now  abandoned  any  hope  of  settling  that 
question,  he  was  ready  to  adjourn  at  the  earliest  hour,  and  he 
thought  all  the  business  which  was  necessary  to  be  done  might  be 
completed  in  two  days. 

Mr.  BUTLER  expressed  regret  at  the  warmth  of  the  Senator 
from  Tennessee,  and  concluded  with  saying  he  would  vote  for  the 
amendment. 

The  question  being  taken  on  the  amendment  of  Mr.  Brf.ese, 
substituting  Monday,  the  14th  of  August,  for  Monday,  the  7lh,  and 
decided  as  follows  : 

YEAS. — ^lessrs.  .\llen.  Atchison,  Atberlon,  Badger,  Bell,  Benton,  Borland, 
Bradbury.  Breese,  Bright,  Butler,  Dickinson,  Dodge.  Douglas.  Doxvni.  Footo.  Ham- 
lin, Houston,  Johnson,  of  Lonisiana,  Johnson,  of  Georgia,  King,  Lewis,  Muon, 
Metcalfe.  Niles,  Sebastian,  Spruance,  Sturgeon,  Underwood,   and  \YesIcott— ."W. 

N.\YS.— Messrs-.  Baldwin,  Calhoun,  Clarke,  Clavton,  Davis,  of  .Misf'tsippi, 
Daylon,  Di-t.  Felch,  Fitzgerald.  Greene,  Hale,  Hannegan,  Hnnl«r,  MQIer,  Tnincy. 
IJphain,  Walker,  and  Yulee — ]8. 

Resolved.  That  this  resolution  pass  with  an  amendment. 
Ordered,  That   the   Secretary  request   the   concnrrence  of  the 
House  of  Representatives  in  the  amendment. 

On  motion  of  Mr.  HANNEGAN,  the  Senate  proceeded  to  the 
consideration  of  Executive  business,  and  ten  minutes  past  five  the 
door  were  reopened,  and 

On  motion, 

Tba  Senate  adjotuned. 


982 


PETITIONS,  BILLS,  ETC. 


[Saturday, 


SATURDAY,  JULY  29.  1848. 


APPOINTMENT  OF  PRESIDENT,  PRO  TEMPORE. 

The  VICE  PRESIDENT  being  absent,  the  Senate  proceeded 
to  the  choice  of  a  President,  pro  tempore,  as  the  constitution  pro- 
vides ;  and 

On  motion  by  Mr.  BENTON,  it  was 

Resolved,  Thai  llie  Hon.  DwiD  R.  Atchison  be  ap|>oiiiled  PresiJeul  of  llio 
Senate,  pro  tempore. 

On  motion  by  Mr.  BENTON,  it  was 

Ordered,  That  the  Secretary  wait  on  the  President  of  the 
United  States,  and  inform  him  that  the  Senate,  in  the  absence  of 
the  Vice  President  of  the  United  States,  have  chosen  the  Hon. 
David  R.  Atchison,  President  of  the  Senate,  pro  tempore  :  and 
that  the  Secretary  make  a  similar  communication  to  the  House  ol 
Representatives. 

PETITIONS. 

Mr.  BRIGHT  presented  a  petition  from  citizens  of  Duval 
county,  Florida,  praying  to  be  allowed  additional  mail  facilities 
on  the  route  betv\een  Savannah,  Georgia,  and  Pilalka,  Florida, 
and  on  the  route  between  Jacksonville  and  Alligator,  in  that  State; 
which  was  referred  to  the  Committee  on  the  Post  Office  and  Post 
Roads. 

Also,  a  petition  from  John  A.  Brackenridge,  vindicaliug  his 
father  from  certain  allegations  charging  him  with  a  misapplication 
of  the  funds  collected  by  him  in  the  State  of  Missouri,  for  the 
Washington  Monument  Society  ;  which  was  laid  upon  the  table. 

Mr.  HUNTER  presented  a  petition  from  William  Archer  and 
other  citizens  of  the  District  of  Columbia,  asking  an  appropria- 
tion for  the  removal  of  a  nuisance  on  Pennsylvania  avenue  ;  which 
was  referred  to  the  Committee  on  the  District  of  Columbia. 

THE    ASHBURTON    TREATY. 

Mr.  BRADBURY  submitted  the  following  resolution,  which 
was  considered  by  unanimous  consent  and  agreed  to  : 

Resolved,  That  the  Secretarv  of  Slate  bereijuesled  to  sent)  to  tlie  Senate  a  copy 
of  the  joint  report  of  the  comtni^'.ioners  under  the  treaty  of  Washington  of  Augost 
9.  1842;  together  witli  a  copy  of  the  report  of  the  American  comnii-isioner  trans- 
mitting the  same  to  the  State  bepartiiient. 

PRIVATE    BILL. 

Mr.  BRIGHT,  from  the  Committee  on  Revolutionary  Claims, 
to  whom  was  referred  the  petition  of  the  heirs  of  Daviu  Noble, 
submitted  a  report  accompanied  by  -a  bill  for  the  relief  of  the  le- 
gal representatives  of  David  Noble,  deceased. 

The  bill  was  read  and  passed  to  the  second  reading. 

Ordered,  That  the  report  be  printed.. 

ALABAMA   BAIL   ROAD. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  bill  granting  to  the  Slate  of  Alabama  the  right 
of  way  and  a  donation  of  public  lands  for  making  a  railroad  from 
Mobile  to  the  mouth  of  Ohio  river,  reported  it  without  amend- 
ment. 

HOUSE    BILL    REFERRED. 

The  bill  from  tlie  House  of  Representatives  for  the  relief  of 
Peter  Shaffer,  was  read  the  first  and  second  times,  by  unanimous 
consent,  and  referred  to  the  Committee  of  Claims. 

RENEWAL    AND   EXTENSION    OF    N.WAL   PENSIONS. 

The  Senate  proceeded  to  consider  the  amendments  of  the  House 
of  Representatives  to  the  bill  renewing  certain  naval  pensions  for 
the  term  of  five  years,  and  extending  the  benefits  of  existing  laws, 
respecting  naval  pensions,  to  engineers,  firemen  and  coal  heavers 
in  the  navy,  and  their  willows,  disagreed  to  by  the  Senate  and  in- 
sisted on  by  the  House  of  Representatives  ;  and  it  was 

Re.^olved,  That  thr  Senate  insist  on  tlieir  amenrhnenla,  anj  ajrret;  to  tire  criiferenee 
asktid  by  the  lion.eof  Representative*  on  the  ilisailreeirig  votes  of  the  two  Houses. 

Ordered,  That  Mr.  Badger,  Mr.  Yulee  and  Mr.  Bright,  be 
the  Committee  on  the  part  of  the  Senate. 

judicial    powers    TO    MINISTERS    AND    CONSULS. 

Mr.  BUTLER  called  the  attention  of  the  Senate  to  two  blanks 
which  had  been  left  unfilled  in  the  bill  passed  yesterday,  to  carry 
into  effect  certain  provisions  in  the  treaties  between  the  United 
States  and  China,  and  the  Ottoman  Porte,  etc.  ;  and 

On  motion  by  Mr.  RUSK,  it  was 

Ordered,  That  the  vote  upon  the  passage  of  said  bill  be  recon- 
sidered. .1. 


The  Senate  resumed  the  consideration  of  said  bill  ;  and 

On  motion  by  Mr.  BUTLER,  it  was 

Ordered,  That  it  be  recommitted  to  the  Committee  on  the  Ju- 
diciary. 

CLAIMS  FOR  LOSSES  IN  THE  FLORIDA  WAR. 

On  motion  by  Mr.  WESTCOTT,  the  prior  orders  were  post- 
poned, and  the  Senate  resumed,  as  in  Committee  of  the  AVhole, 
the  consideration  of  the  bill  providing  for  the  taking  of  testimony 
in  relation  to  claims  for  losses  in  the  late  Florida  war  ;  and,  hav- 
ing been  amended,  it  was  reported  to  the  Senate,  and  the  amend- 
ments were  concurred  in. 

Ordered,  That  this  bill  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time. 

Ret,olved,  Tliat  it  bill  pass,  and  that  the  title  thereof  be  Eg  atbresaid. 

Ordered,  ThtU  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

SCHOOL    LANDS    IN    WISCONSIN. 

On  motion  by  Mr.  WALKER,  the  prior  orders  Were  postponed, 
and  the  Senate  proceeded  tn  the  consideration,  as  in  Committee  of 
the  Whole,  of  the  bill  modifying  the  fourth  clause  of  the  seventh 
section  of  an  act  relating  to  the  admission  of  Wisconsin  into  the 
Union,  approved  6lh  August,  1846. 

No  amendment  being  made,  the  bill  was  reported  to  the  Se- 
nate. 

Ordeded,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time. 

Resolved,  Tiiat  it  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Oreered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

NOTICE    OP   A    BILL. 

Mr,  HANNEGAN  gave  notice  that  On  Monday  next  he  would 
ask  leave  of  the  Senate  to  introduce  a  bill  to  establish  a  territorial 
government  in  the  territories  of  Oregon,  New  Mexico,  and  Cali- 
fornia, 

UNITED    STATES    COURT    IN    LOUISIANA. 

On  motion  by  Mr.  DOWNS,  the  prior  orders  were  postponed, 
and  the  bill  for  the  better  organization  of  the  district  court  of  the 
United  States  within  the  State  of  Louisiana  was  read  the  second 
time  and  considered  as  in  Committee  of  the  Whole. 

Mr.  DOWNS  explained,  that  since  this  bill  was  reported  from 
the  Committee  on  the  Judiciary,  he  had  prepared  an  amendment 
for  the  appointiDcnt  of  an  atlditional  judge,  and  he  suggested  the 
propriety  of  the  adoption  of  this  amendment  in  consequence  of  the 
great  accumulation  of  business  connected  with  land  claims.  He 
could  anticipate  no  opposition  except  on  the  ground  of  the  increas- 
ed expense.  This  he  showeti  to  be  untenable  ground,  because  the 
appointment  of  another  judge  would  save  more  than  his  salary  in 
the  reduc'ion  of  mileage  now  paid  to  sheriff  and  witnesses  in  eon- 
sequence  of  the  distances  they  have  to  travel.  He  accordingly  sub- 
mitted his  amendment,  which  divides  the  State  into  two  districts, 
and  provides  for  the  appointment  of  a  separate  judge,  to  be  ap- 
pointed by  the  President,  by  and  with  the  advice  and  consent  of 
the  Senate. 

Mr.  TURNEY  admitted  that  the  increased  business  of  the  land 
claims  created  a  pressure  on  the  court  for  the  present.  But  it 
could  not  be  sufficient  lo  warrant  the  appointment  o{  an  addition- 
al juduc.  Appoint  a  new  judge,  and  lie  will  be  fastened  on  ihe 
country.  There  would  be  no  getting  rid  of  him;  and  ah  hough  his 
salary  was  now  fixed  at  $2,000,  reasons  would  be  found,  before  the 
end  of  another  session  of  Congress,  for  increasing  this  salary,  and 
putting  him  on  the  same  footing  as  other  judges.  He  could  not 
vole  for  it. 

Mr.  BUTLER  explained  that  the  committee  could  not  see  the 
propriety  of  appointing  an  additional  judge. 

Mr.  WESTCOTT  stated  that  the  business  of  the  Louisiana 
courts  was  increasing  with  a  rapidity  wjjich  must  soon  place  it 
above  New  York  in  point  of  itiiporiance.  New  York  has  two 
judges,  and  he  thought  it  necessary  to  give  two  to  Louisiana. 

Mr.  B.\DGER  thought  the  amendment  was  a  proper  one. 
Without  looking  to  the  future,  it  was  suHicient  m  say  that  New 
Orleans  is  now  a  great  city,  and  he  thought  it  unreasonable  to  as- 
sign to  the  judge  acting  there  all  the  duties  of  the  Slate.  The 
business  at  New  Orleans  is  sufficient  to  occupy  all  his  time.  Ho 
hoped  the  amendment  would  be  agreed  to. 


July  29.] 


RAIL  ROAD  TO  THE  PACIFIC. 


983 


Mr.  DAYTON  said  that  the  committee  had  not  information  be- 
fore it  to  show  that  the  business  was  so  great  as  to  require  a  new 
judge,  and  tlie  multiplication  of  judges  he  re(;ardcd  as  impolitic. 
Should  this  application  be  granted,  other  applications  will  follow. 
The  app"inlraent  of  a  new  judges  involves  the  appoinimcnt  of 
other  now  officers,  and  he  hoped  the  amendment  would  bo  nega- 
tived. 

Mr.  UNDERWOOD  gave  a  few  reasons  which  would  induce 
him  to  vote  for  the  addiiional  judge.  The  great  business  of  the 
whole  of  the  western  Slates  required  this  appointment.  He  read 
a  list  of  pending  suits  in  the  Louisiana  court,  to  show  the  impos- 
sibility of  one  judge  performing  all  the  duties. 

Mr.  JOHNSON,  of  Louisiana,  said  it  was  perfectly  irajiracti- 
cable  for  ll;e  present  judge  to  leave  New  Orleans  for  the  purpose 
of  taking  charge  of  the  suits  in  the  remote  portions  of  the  Slate. 
He  could  not  vote  for  the  bill  without  the  amendment.  Persons 
interested  in  ihe  business  of  the  court  in  the  interior,  have,  in  some 
instances,  to  travel  five  hundred  miles,  and  at  some  seasons  the 
journey  is  impracticable.  Insiead  of  a  cost  to  the  Uniied  Slates, 
this  appointment  would  be  an  aotlal  saving  to  the  country. 

The  question  being  taken  on  agreeing  to  the  amendment  pro- 
posed by  Mr.  Downs,  it  was,  upon  a  division,  determined  in  tho 
affirmative.     Ayes  22,  Noes  13. 

Tho  bill  was  then  reported  to  tho  Senate,  and  the  amendment 
was  concurred  in. 

Ordered,  That  it  be  engrosse  I  and  read  a  third  time. 

The  said  bill  was  read  a  third  time  by  unanimous  consent. 

Kaolmi,  That  this  bill  pass,  ami  that  the  title  thereof  be  as  aforesaiil. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

Whitney's  kailro.^p. 

Mr.  NILES  moved  that  the  prior  orders  bo  postponed,  and  that 
the  Senate  proceed  to  the  consideration  of  the  bill  granting  a 
tract  of  land  for  the  purpose  of  making  a  railroad  from  Lake  Mi- 
chigan to  the  Pacific,  on  the  plan  of  Asa  Whitney,  which  had  been 
reported  by  the  select  committee  to  which  the  subject  was  rofe.-- 
red.  It  was  thought  important,  by  the  gentlemen  eonneefed  with 
Mr.  Whitney,  to  have  a  decision  concerning  this  measure  at  the 
present  session,  because  the  public  lands  would  probably  bo  so  dis- 
posed of  before  another  session,  as  to  render  the  present  plan  imprac- 
ticable. He  therefore  desired  a  vote  on  his  motion  to  take  up  the 
bill,  and  he  would  then  name  a  day  for  its  consideration. 

Mr.  HALE  hoped  it  would  not  bo  taken  up,  as  it  was  a  most 
alarming  measure.  It  gave  awav  one  hundred  millions  of  acres  of 
the  publTe  lands  at  one  swoon.  He  was  sorry  to  dilier  from  the 
Senator  from  Connecticut,  but  he  was  opposed  to  throwing  such 
an  immense  mass  of  land  into  the  hands  of  speculators.  The  taking 
up  of  this  bill  would  alarm  the  public  mind. 

Mr.  NILES  said  the  company  could  not  hold  the  lands.  It  was 
only  intended  to  make  a  public  road  through  them  ;  and  as  they 
are  not  now  worth  a  cent,  and  no  one  could  tell  when  they  would 
be  worth  any  thing,  and  as  the  m;iking  of  this  road  would  give 
them  value,  and  tho  route  itself,  if  it  could  ever  be  completed  so 
as  to  make  a  common  highway,  it  would  bind  the  Union  toge- 
ther. ,       c. 

Mr.  BENTON  expressed  his  astonishment  that  the  henator 
from  Connecticut,  after  what  had  passed,  should  make  suc-h  a  mo- 
tion at  this  period  of  ihe  session.  At  the  very  moment  that  he  was 
lookin<T  into  tho  records  of  the  past  to  endeavor  to  find  out  some 
mode  of  settlin^T  the  diffiuully  of  governing  the  territories  of  Cali- 
fornia and  New  Me.xico.  his  ear  was  struck  by  this  motion^  He 
had  studied  tho  history  of  Calilornia  long  before  Mr  H  hitncy 
thouTht  of  it.  He  would  never  vote  for  giving  a  hundred  millions 
of  acres  to  any  man.  We  must  have  surveys,  examination,  and 
exploration  made,  and  not  go  blindfold,  haphazard,  into  such  a 
scheme.  It  distressed  him  that  the  business  of  the  session  was  to 
bo  broken  up  by  this  motion  to  take  up  a  bill  out  of  its  turn.  He 
hoped  the  calendar  would  be  regularly  taken  up.  He  would  not 
be  astonished  if  Mr.  Whitney  should  come  here  with  a  large  bill 
for  damages  against  Congress— damages  for  going  to  all  the  States 
of  the  Union  lor  recommendations. 

Mr.  BELL  regretted  that  Senators  should  be  so  ready  to  act  on 
preconceived  prejudices,  before  tliev  had  even  read  the  bill.  As  to 
Mr.  Whitney,  bo  had  conversed  with  him,  and  had  lound  him  mod- 
est and  intelligent.  He  referred  to  the  care  which  had  been  taken 
in  the  preparation  of  the  bill  ;  and  he  hoped  the  Senate  would  at 
least  take  up  the  bill  and  examine  it  Unless  the  bill  passed  this 
session,  the  opportunity  will  have  passed  away  forever. 

Mr.  BENTON  said,  that  if  this  bill  was  taken  up,  the  lortnigfat 
to  come  would  not  be  sufficient.  If  genllemen  expected  to  pass 
this  bill  without  debate,  so  long  as  he  could  stand  up.  they  would 
be  disappointed.  He  objected  to  this  taking  up  a  bill  out  ol  its 
order,  which  would  consume  the  rest  of  the  session.  He  would 
trust  no  man  in  existence  with  such  a  power  as  was  proposed 
to  be  given  by  this  bill.  He  moved  to  lay  the  motion  on  the 
table. 

The  yeas  and  nays  were  ordered,  and  the  question  being  taken, 
it  wag  decided  in  the  affirmative  as  follows  :  

yEAS-.1Ie<srs  .\lol,iiOn,  .\lhelloa.  Benton.  Botlan.l,  Brecse,  Bnller  Lalhomi. 
DavU  of  M  sslS  „  Davtoi.  Donglas,  Downs,  Hale.  Ilou^lon.  HmUer,  Johnson,  ol 
Seo;gia  Kign.  M^Ion  Me.caife,  Pea-ce,  Phelps.  Rusk,  Spinance,  Sturpeon.  Tnrney, 
Underwood,  VVcstcott.  and  \  ulee— 3.. 


NAYS— Meisij.  Allen.  Badger,  Baldwin.  Bell.  Bnidhnry,  Brirhl,  Darke.  Diddn- 
SOQ.  Dix.  Dodge.  Felch,  Fitzgerald,  Foote.  HamliQ.  Haaoe^an,  Johuoo,  of  Loail^ 
lana,  Lewis,  .Miller,  Xi!e«,  L'liham,  and  Walker — 21. 

So  the  motion  was  laid  on  the  table. 

KEFUNDINC  ADVANCES  FOE  VOLUNTEEKB. 

Mr.  LEWIS,  liy  unanimous  consent,  asked  and  obtained  leave 
to  bring  in  a  joint  resolution  explanatory  of  the  act  of  June  2d, 
1848,  to  refund  money  for  expenses  incurred,  subsisteneo  or  trans- 
portation furnished  lor  ihe  use  of  the  volunteers,  during  the  pre- 
sent war,  before  being  mustered  and  received  into  the  service  of 
Ihe  United  Slates  ;  which  was  read  the  first  and  second  limes, 
by  unanimous  consent,  and  referred  to  the  Comrailtee  on  Military 
Ad'airs. 

HOURS    or  MEETING. 

On  motion  by  Mr.  DIX,  it  was 

Ordered,  Tnat  after  Monday  next,  the  hour  of  (he  daily  meeting 
of  the  Senate  shall  be  ten  o'clock  A.  M. 

GEORGE    CENTEB. 

On  motion  by  Mr.  DIX,  the  motion  to  reconsider  the  vote  by 
which  the  bill  for  tho  relief  of  George  Center  was  laid  upon  the  ta- 
ble, was  taken  up,  and  tho  vote  was  reconsidered. 

Mr.  YULEE  submitted  a  substitute  for  the  bill,  which  was  or 
dered  to  be  printed.     The  bill  was  then  informally  passed  over. 

THE    PRIVATE    CALENDAR. 

On  motion  by  Mr.  M.\SON,  the  Senate  proceeded  to  the  con- 
sideration of  the  private  calenilar,  when  tho  following  bills  from 
the  Hou.se  of  Representatives  were  considered  as  in  Committee 
of  the  Whole  : 

An  act  for  the  relief  of  John  Manly. 

,\n  act  for  the  relief  of  .Sarah  Stokes,  wnlow  of  John  6lokei. 
.\ti  act  tor  Ihe  relief  of  Benjamin  Whtte, 
An  act  for  the  relief  of  Amzy  Jiidd. 
An  act  for  the  relief  of  Charles  Cappell. 
An  act  for  the  relief  of  Williani  Culver. 
An  act  Ibr  the  relief  of  John  Anderson. 
.\n  act  for  the  relief  of  the  heinof  Matlli  w  PiKvsrt 
.\n  act  for  the  relief  of  E.  ti.  Smith. 

.\n  act  for  the  relief  of  Jonathan  Moore,  of  the  Sliue  of  Muuchoielis. 
.■\n  a<;t  for  the  relief  of  Robert  Ellis. 

An  act  for  the  relief  of  Catherine  Fulton,  of  Washington  county.  P«nniylvtiu». 
.^H  act  for  the  relief  of  Bennct  M.  Pell. 
An  act  for  the  relief  of  Elijah  II.  ^Villi-. 

An  act  for  the  relief  of  the  legal  representaUTes  of  William  McKeniie.  late  a  su 
man  on  board  the  L'nited  S'ales  ship  Vinccnne*. 

An  act  for  the  relief  of  Bent,  St.  Vrain,  and  Company. 
An  act  for  the  relief  of  J.  Throckmorton. 

No  amendment  being  made,  the  said  bills  were  reported  to  the 
Senate. 

Ordered,  That  they  pass  to  a  third  reading. 

The  said  bills  were  read  a  third  lime. 

Rc.-itlvc(l.  That  Ihey  p:is> 

Ordered,  That  the  Secretary  notify  ihe  House  of  Representa- 
tives accordingly. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  fur  the  relief  of  Reuben  Perry  and  Thomas  P.  Li- 
gon  ;  and 

On  motion  by  Mr.  BRIGHT,  it  was 

Ordered,  That  it  lie  on  the  table. 

.MESSAGE    FROM    THE    HOUSE. 

The  loUowing  message  was  received  from  the  Hoasc  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

M,  President  ;  The  llou>e  of  Repre^nlaii>es  have  pa«^  the  rwlntion  from '>" 
.Senate  for^  ho  s|«.edv  payment  of  the  three  monUis'  e.tra  pay  to  the  "O"™"™" 
sioned  officers,  ninsinaus-and  i.rivate.  who  h.vo  ^,vc\  m  Ihe  l.ft  -..  «llh  Mexico. 
allowed  bvthe  act  of  July  I'.'th,  )»*?■ 

Xl,„v  ,i.ree  lo  th"  ^onfr-nee  nske,!  by  the  Senate  on  Ihe  disagreeing  totes  of  the 
twl  riou^«  on  0  Obill  making  app.Opr.ai.ons  for  the  Naval  service  lo,  •);'>"'""'"'= 
JrM'rjrne.  IMll.  ;..ui  lia>?  a,,,u,..ie.l  a  comm.tlee  ol  conference  on  their  part, 

CIVIL    AND    DIPLOMATIC    APPROPRIATION    BILL. 

Mr  ATHERTON,  from  the  Committee  on  Finance,  1°  '^.'"J™ 
was  referred  the  bill  making  appropriations  fot  the  civil  «nd  d'plo^ 
n.ati  •  exrenses  of  ihe  govlrnmcnt  for  the  year  ending  the  30th 
Ty  of  jTell49.  reported  the  same  with  amendments  ;  which 
were  ordered  to  be  printed. 

EXECUTIVE    SESSION. 

After  the  cousideratioa  of  Executive  bosinees. 

On  motion, 
The  Senate  adjourned. 


984 


PETITIONS,  BILLS,  ETC. 


[Monday, 


MONDAY,  JULY  31,  1818. 


PETITIONS. 

Mr.  DIX  presented  the  memorial  of  a  committee  of  tlie  Jackson 
Monument  Association,  in  the  city  of  Wasiiingfon,  praying  that  a 
portion  of  the  cannon  taken  by  Gen.  Jackson  m  his  campaigns, 
may  be  placed  at  their  disposal,  for  a  statue  of  his  memory,  with 
permission  to  erect  their  monument  on  one  of  the  public  squares 
in  said  city;  which  was  referred  to  the  Committee  or.  Military 
Affairs. 

Mr.  DAVIS,  of  Mississippi,  presented  the  petition  of  John 
Crawford,  praying  permission  to  locate  a  certificate  on  land  lying 
beyond  the  territory  for  which  the  certificate  was  issued;  wliich 
was  referred  to  the  Committee  on  Private  Land  Claims. 

Mr.  DIX  presented  a  memorial  of  a  religious  community  called 
"  the  community  of  true  inspiration,"  residing  in  the  county  of 
Erie,  New  York,  praying  the  enactment  of  a  law  for  the  suppres- 
sion of  infidelity;  which  was  relerred  to  the  Committee  on  the 
Judiciary. 

Mr.  DICKINSON  presented  a  petition  of  citizens  of  New  York, 
praying  a  reduction  of  the  rates  of  postage  on  letters  and  news- 
papers; which  was  referred  to  the  Committee  on  the  Post  Office 
and  Post  Roads. 

Mr.  WALKER  presented  three  petitions  of  citizens  of  Wiscon- 
sin, praying  the  establishment  of  a  mail  route  from  Winnebago  to 
Green  Bay,  in  that  State;  which  were  referred  to  the  Committee 
on  the  Post  Office  and  Post  Roads. 

Mr.  BELL  presented  the  memorial  of  John  McCoy,  m  behalf 
of  the  western  Cherokee  Indians,  praying  payment  of  the  money 
due  to  those  Indians  under  the  treaty  of  August,  1846;  which  was 
referred  to  the  Committee  on  Indian  Affairs. 

RESOLCTIONS    OF    I.EG1SI..\TURE    OF    WISCONSIN. 

Mr.  WALKER  presented  resolutions  passed  by  the  legislature 
of  the  State  of  Wisconsin,  approving  the  measures  of  the  execu- 
tive, and  the  courage  and  discipline  of  the  army  in  conducting  the 
war  with  Mexico  to  a  successful  issue,  and  condemning  any  at- 
tempts which  may  have  been  made  to  prolong  the  war  by  opposi- 
tion to  these  measures. 

Ordered,  That  they  he  on  the  table,  and  be  printed. 

REPORT    FROM    SELECT    COMMITTEE. 

Mr.  MASON,  from  the  Select  Committee,  to  whom  was  refer- 
red the  memorial  of  H.  Ludor  Brownell,  submitted  a  report; 
which  was  ordered  to  be  printed. 

ADVERSE    REPORT. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  was  referred  the  petition  of  Joseph  Hair,  submit- 
ted an  adverse  report;  which  was  ordered  to  be  printed. 

GR.1NTS    OF    LAND    IN    ILLINOIS. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
the  following  bills  were  referred  : 

An  actio  grant  land  tollie  inliabilanlsof  townsliip  I.^,  norlli  ofraMfies  one  and  two, 
west  of  tlie  4lh  principal  meridian,  in  tliefounty  of  Adams,  in  tlie  .State  of  Illinois. 

An  act  to  grant  land  in  lieu  of  tlie  lOth  section  to  the  commissioners  of  township 
two,  north  of  ran^e  nine,  we-t  of  the  fonrfh  principal  meridian,  in  the  county  of 
Adams,  in  the  Stale  of  Illinois. 

An  act  to  grant  unto  the  the  trnstees  of  townsliip  thirtv  eight,  north  of  range  five 
east,  IQ  the  county  of  Echliart,  and  Stale  ot'  Indiana,  so  much  public  land  as  inav, 
with  the  fractional  sixteenth  section  therein,  make  np  an  entire  section. 

reported  the  same  without  amendment. 

PRIVATE  BILL. 

Mr.  WESTCOTT,  from  the  Committee  of  Claims  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  for  the 
relief  of  Charles  R.  Allen,  reported  it  without  aniondraent. 

LANDS  IN  NEW   MEXICO  AND   CALIFORNI..V. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  to  whom 
was  referred  the  message  of  the  President  of  the  United  Statse  of 
the  6th  instant,  reported  a  bill  for  ascertaining  claims  and  titles 
of  land  within  the  territory  of  California  anil  New  Mexico,  to 
grant  donation  rights,  and  to  provide  for  the  survey  of  the 
lands  therein  ;  which  was  read  and  passed  to  the  second  read- 
ing. 

PRIVATE  BILL. 

Mr.  TURNEY,  by  unanimous  consent,  asked  and  obtained  leave 
to  bring  in  a  bill  for  the  relief  of  James  M.  Scantland  ,  which  was 
read  the  first  and  second  times,  by  unanimous  consent,  and,  with 


the  accompanying  document,  referred  to  the  Committee  on  Pen- 
sions. 

REPORT  OF  COM.MITTEE  OF  CONFERENCE  ON  NAVAL  AFFAIRS. 

Mr.  ATHERTON,  from  the  committee  of  conference,  on  the 
part  of  the  Senate,  on  the  disagreeing  votes  of  the  two  Houses, 
on  the  bill  making  appropriations  for  the  naval  service  for  the  year 
ending  the  30th  June,  1849,  reported  that  they  have  met  the  con- 
ferees on  the  part  of  the  House  of  Representatives,  and  after  a 
full  and  free  conference,  have  agreed  to  recommend,  and  recom- 
mend, to  the  respective  Houses  as  follows  : 

1st.  That  the  Senate  do  recede  from  their  disagreement  to  the  ameudineiit  of  the 
House  to  the  Senate's  lillli  anienrlment.  and  agree  to  the  same. 

'id.  That  llie  House  do  recede  from  their  disagreement  lo  the  Senate's  sixth  amend- 
iiienl,  stiikine  out  the  fifth  section  of  the  bill ;  and  that  in  lieu  thereof  the  following 
shall  be  inserted  as  a  filth  section  of  the  bill ; 

"Sec.  5.  Avd  be  it  fitrthfr  enacted.  That  hereafter  the  amount  of  money  commn- 
tation  allowed  by  law  in  lieu  of  thespirit  ration  shall  be  increased  lo  four  centi." 

'M.  That  the  House  do  recede  from  itsjdisagreement  to  the  Senate's  tenth  amend- 
ment, and  agree  lo  said  ametidment  with  the  following  words,  which,  itis  agreed, 
sliall  he  added  to  the  end  thereof. 

"And  in  appointiujifrom  each  Stale  hereafter,  its  proportionofoflicersof  that  grade 
the  appoiulmenls  shall  be  apportioned  as  nearly  as  practicable  equally  among  the  seve- 
ral Congressional  districts  therein." 

■Itli.  That  the  House  recede  from  its  disagreement  to  the  I2th  amendment  of  the 

Senate. 

The  Senate  proceeded  to  consider  said  report  ;  and 

Mr.  BUTLER  took  exception  to  one  of  the  items  in  which  the 
report  adopts  the  amendments  of  the  House,  in  the  clause  relat- 
ing to  the  steamers  touching  at  the  port  of  Charleston,  by  the  in- 
sertion of  the  words  "if  practicable,"  which  he  contended  was 
tantamount  to  an  exclusion  of  these  steamers  from  that  port,  as 
they  would  never  enter  the  harbor  of  Charleston,  so  long  as  it  was 
left  to  the  discretion  of  the  owners  to  decide  whether  they  should 
do  so  or  not. 

Mr.  CALHOUN  took  the  same  view,  and  stated  that  a  sort  of 
understanding  had  been  entered  into  by  him  with  the  Senator  from 
Georgia,  [Mr.  Berrien,]  that  if  he  (Mr.  C.)  would  support  the 
clause  requiring  the  steamers  to  touch  at  the  Savannah,  and  would 
not  oppose  the  advance  of  money  to  the  contractors,  the  same  provi- 
sion which  relates  to  Savannah  should  be  introduced  with  refer- 
ence to  Charleston.  The  contractors  had  called  on  him,  and  in- 
formed him  that  they  had  constructed  the  vessels  expressly  with 
a  view  to  enter  the  harbor  of  Charleston,  drawing  not  more  than 
fifteen  feet  water,  which  is  the  depth  on  the  bar  at  low  water. 

Mr.  ATHERTON  stated  that  the  objectionable  words  were  in 
the  contract  itself,  and  that  the  obvious  meaning  was,  that  if  not 
prevented  by  stress  of  weather  or  accident,  the  steamers  were  to 
touch  at  the  port  of  Charleston. 

After  a  few  words  from  Mr.  DICKINSON,  Mr.  YULEE,  Mr. 
JOHNSON,  of  Georgia,  Mr.  BORLAND,  Mr.  BRIGHT,  and 
IMr.  MILLER,  the  tjucsiion  was  taken  on  concurring  in  the  re- 
port of  the  committee  of  conference,  the  yeas  and  nays  being 
ordered,  it  was  determined  in  the  affirmative  as  follows  : 

VEAS.— Messrs.  Allen,  Atlierlou.  Badger,  Bradbury,  Brcese,  Bright,  Clarke, 
Clayton,  Corwin,  Davis,  of  .Massachusetts,  Dayton,  Dickinson.  Douglas,  Downs. 
Felch,  l''itzgcrald ,  Foote,  Hamlin.  Houston,  flliller,  Niles,  Phelps,  Seiiastian.  Spru- 
aiice,  Slurgeon,  Upham,  and  Walker. — '27. 

NAYS. — Messrs.  Atchison,  Balilwin,  Bell,  Borland,  Butler,  Calhoun,  Davis,  of 
Mississippi,  Dl.\,  Dodge,  Hunter,  Johnson,  of  Louisiana,  Johnson,  of  Georgia,  King, 
Lewis,  .Mason,  Metcalfe,  Turney.  and  Ynlee. — Id. 

So  it  was 

ResfilEeii.  That  tlie  Senate  agree  to  thereirortof  the  committee  of  conference,  and 
that  the  hill  be  ameniled  accordingly. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives thereof. 

MESSAGE    FROM    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  I'residenl :  The  House  of  Repre-senlatives  concur  in  the  amendment  of  the 
.Senate  to  the  resolulion,  "that  the  President  of  the  Senate  and  Speaker  of  ihe  House 
of  Representatives  do  adjouin  their  respective  Houses  on  Monday,  the  fourteenth  dav 
of  August  next,  at  twelve  o'clock  meridian." 

They  a^ree  to  the  amendment  of  the  Senate  to  the  bill,  supplemental  to  an  act  to 
confiim  the  survey  and  location  of  claims  in  the  State  ot  Mississippi,  east  oftha  Pearl 
^ver,  and  south  of  the  31st  degree  of  north  latitude,  approved  March  3d,'I?t5. 

MESSAGE    FROM    THE    PRESIDE.VT. 

The  following  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary- 

.Mr.  FrcMdenl ;  The  President  of  tho  United  States  approved  and  signed,  the  29tli 
instant,  the  following  acts; 

An  act  for  the  payment  of  liquidated  claims  against  Mexico. 

A  resolution  for  the  speedy  payment  of  the  three  months'  extra  jiay  to  the  olticers, 
non-eommissione,l  otfi(;ers,  musicians,  and  privates,  who  have  served  in  the  late  war 
with  Mexico,  allowed  by  the  act  of  July  IB,  184.'*, 


July  31.] 


CIVIL  AND  DIPLOMATIC  BILL. 


985 


Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

MESSAGE    FKOM    THE    PRESIDENT. 

The  following  messafre  was  received  from  the  President  of  the 
United  States,  by  "Mr.  Walker,  his  Secretary  : 

To  the  Senatfuf  tkc  Unilcd  states:  until  tn-morrnw 

I  commiinirale  licrewilh  a  report  Imm  the  Secretary  of  Slate,  conlaiiiinf  tlie  lafoi         i""'i  w  lu^iiun. 
mation  called  for  liy  llie  resolution  of  the  Senate  of  the  'i-4th  of  April.  1848.  in  rela- 
tion "to  the  claim  of  the  owiieru  of  the  ship  Miles,  of  Warren,  in  the  State  of  Rhoilo 
Inland,  upon   the  novernuient  of  Portugal,  for  the  |iaynieiil  of  a  cargo  of  oil,  taken 
hv  the  officers  and  applied  to  the  use*  of  that  government. 
'  "  SAMV.S  K.  POLK. 

VVashinjlon,  July  31,  1848. 

The  message  was  read,  and,  with  the  accompanying  documents, 
ordered  to  be  printed. 

CIVIL  AND  DIPLOMATIC  APPROPUIATON  HLL. 

The  Senate  proceeded  to  consider,  a.s  in  Committee  of  the 
Whole  the  bill  making  appropriations  for  the  civil  and  diplomatic 
expenses  of  the  government  for  the  year  ending  the  30i,h  day  of 
.Time,  1S49,  and  for  other  purposes,  together  with  the  amendments 
reported  therctci. 

The  question  was  upon  agreeing  to  the  first  amendment  report- 
ed by  the  Committee  on  Finance,  in  section  1,  lino  12,  to  strike 
nut  the  following:  ''Provided,  That  no  member  of  cilher  House 
of  Congress,  after  the  present  session,  shall  be  allowed  a  larger 
sum  for  inilaiie  than  one  thousand  dollars  for  each  session,  any  act 
of  Congress  to  the  contrary  notwithstanding.'' 

Mr.  MASON  asked  for  the  yeas  and  nays,  and  they  were  or- 
dered. 

Mr.  ATHERTON  explained  that  the  committee  had  no  inten- 
tion, m  reporting  this  ainendinent,  to  give  any  opinion  on  the  prin- 
ciple It  involved.  But  they  thought  a  provision  of  this  character 
would  bo  more  in  place  in  a  separate  bill,  and  one  which  related 
to  the  compensation  of  members  generally. 

Mr.  BADGER  said  he  should  vote  for  the  amendment.  Re- 
ductions in  the  compensation  of  members  had  been  frequently  pro- 
posed; but  ihey  never  had  been,  and  he  hoped  never  would  be 
adopted.  He  regarded  it  as  objectionable  on  the  score  of  justice, 
generosity,  and  policy.  Many  members  coming  from  a  great  dis- 
tance are  completely  exc^luded  from  the  privilege  enjoyed  by  those 
nearer  home  of  sometimes  visiting  their  families  and  aUcnding  to 
their  business;  and  although  the  additional  mileage  was  but  a  poor 
compensation  for  such  privalinns,  it  was  all  that  could  be  given. 
It  always  had  been  ulluwcd,  and  why  was  it  to  be  stopped  now? 
Why  should  ho  who  comes  just  such  a  distance  as  to  entitle  him 
to  that  amount  receive  $999,  while  he  who  comes  a  thousand  miles 
further  should  receive  only  one  dollar  more?  Another  reason  was, 
that  this  mileage  operates  in  favor  of  keeping  the  seat  of  govern- 
ment where  it  is.  He  no  objection  to  any  gentleman  trying  to 
make  a  little  popularity  out  of  a  motion  to  reduce  the  compensa- 
tion, but  he  trosted  it  would  never  would  be  agreed  to. 

Mr.  DAYTON  followed  on  the  same  side. 

Mr.  MASON  briefly  stated  his  reasons  for  opposing  the  amend- 
ment. Ho  thought  the  amount  of  mileage  was,  in  some  cases,  an 
abuse  which  required  to  be  regulated  by  law. 

Mr.  UNDERWOOD  also  sustained  the  limitation,  statin<r  that 
he  had  been  applied  to  by  the  Secrelary  of  the  Senate  lor  his 
construction  of  the  act  in  relation  to  the  nearest  mail  route,  and 
that  he  had  given  such  a  construction  to  it,  in  his  own  case,  as 
gave  him  only  about  half  the  mileage  given  to  others  who  were  at 
no  greater  distance  from  the  seat  of'government.  The'mileage 
and'pay  had  not  been  sulhcient  to  cover  his  expenditures;  and  he 
had  now  been  compelled  to  write  for  money  to  carry  him  homo. 

Mr.  NILES  adverted  to  the  great  inequality  which,  unless  some 
provision  of  this  kind  should  be  made,  would  exist  between  the 
compensation  of  a  member  from  California,  whose  pay  and  mile- 
age wnuld  amount  on  an  average  to  some  $2,501)  the  session, 
\vhile  those  nearer  the  seat  of  sovernment  would  not  receive  above 
S800.  He  thought  it  right  that  something  should  be  done  to  make 
it  more  equal. 


Dickinson,  Dodge,  Doiigla*,  Doiviis,  Filzccialil,  Foots, Ilanncjan.  Ilonslon,  HuDter, 
Jolniton,  of  Lonikiana.  Johnson,  of  Ceoreia,  King.  Lewis,  Miller,  PhelfK,  Bink, 
Sebastian,  Sturgeon,  Turoey.  Walker,  Weilcoll,  and  Yol« — 37. 

NAYS— Mctits.  Allen,  Bright.  Davi.,  of  Ma.^achutcll«,  Du,  Felcli,  Ifamlin,  Mn- 
son,  Metcalfe,  Nilcs,  Spruance,  Uiider^vood,  and  Upham— 1^. 

So  the  amendment  was  agreed  to. 

Ordered,  That  the  further  consideration  of  the  hill  bo  postponed 


MOTION  TO  BECONSlDEa. 


Mr.  CALHOUN  contended  that  members  of  Congress  were 
worse  paid  than  any  other  portion  of  the  government.  It  would 
have  been  wiser  if,  in  the  first  instance,  a  specified  allowance  had 
been  made  for  them.  He  knew  of  no  better  mode  of  making  the 
compensation  just  than  this  system  of  mileage,  which  he  did  not 
regard  as  fixed  loo  hi^h.  Ho  concurred  in  the  views  nl  the  Sena- 
tor from  North  Carolina,  [Mr,  Badger,]  that  a  ditlerenee  ought 
to  made  between  the  member  who  is  two  thousand  miles  Irom  his 
family  and  his  business,  and  him  who  is  within  two  hundred  miles 
of  both.  He  also  regarded  it  as  a  point  wortliy  ol  consideration 
that  this  mileage  had  its  eHect  in  discouraging  any  attempt  to  re- 
move the  seat  of  government  to  a  more  central  position,  and  reler- 
red  to  the  situation  of  the  principal  capitals  ol  the  European  na- 
lions,  which  were  always  located  near  the  most  assailable  points, 
and  not  in  the  centre  ol  the  kingdoms  to  which  they  belonged. 

The  question  was  then  taken  and  decided  in  the  aOirraative,  as 
follows: 

YEAS-Meisrs.  Atchison  Athertan,  Badger,  Ual.Kvin,  Bell  lienton,  llmland. 
Bt«ibury,  Breese,  Butler,   Calhoun,  Clarke,  Cor.vin,   Davis,  of  Mississippi,  Dayton, 

30th  Cono.— 1st  Session— No.  124. 


On  motion  by  Mr.  Hannegan,  tlio  vole  agreeing  to  the  motion 
made  the  29th  instant,  that  after  Monday  the  Senate  will  meet  at 
10  o'clock  in  the  morning,  was  reconsidered;  and, 

On  motion  by  Mr.  BADGER,  it  was 

Ordered,  That  the  said  motion  lie  on  the  tabic. 

judicial  powers  i.v  ciii.va  and  tcrklv. 

Mr.  BUTLER,  from  the  Commiltee  on  the  Judiciary,  to  whom 
was  recommitted  the  bill  to  carry  into  eflect  certain  provisions  in  the 
treaties  between  the  United  Stalt-s  and  China,  and  the  Ottoman 
Porte,  giving  certain  judicial  jiowers  to  ministers  and  consuls  ol 
the  United  States  in  those  countries,  reported  it  with  amend- 
ments. 

The  Senate  proceeded  to  consider  the  said  bill  as  in  Coinmillec 
of  the  Whole,  and,  having  been  amended,  it  was  reported  lo  (he 
Senate,  and  the  amendments  were  concurred  in. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

liesoleeil.  That  it  pass. 

Ordered,  That  the  Secretary  request  the  OBncnrrcncc  of  ihc 
House  of  Representatives  therein. 

TERIHTQRIAL  GOVERNMENT. 

Mr.  BENTON  submitted  a  bill  providing  a  governmeiii  fnr  thi' 
territories  of  Oregon,  New  Mexico,  and  C'alifurnia,  which,  lie  was 
understood  to  say,  was  copied  from  the  act  of  If^dl.  rclaliiiL"  t" 
Louisiana,  in  efl'eet  that  the  people  should  bo  governed  accurding 
to  the  existing  law,  until  others  were  luadc.  He  desired  ihul  it 
niight  be  printed,  and  laid  on  the  table;  and,  if  nothing  butter  Ije 
ollered  in  the  meantime  by  anybody  else,  he  should  call  it  up  lor 
consideration. 

Mr.  HANNEGAN.— On  Saturday-fast,  Mr.  President,  I  gave 
notice  lo  the  Senate  that  I  would  to-day  introtiuce  a  hill  providing 
for  the  organization  of  territorial  governmcius  in  Oregon,  Califor- 
nia, and  New  Mexico.  In  connexion  with  some  ol  my  friends,  I 
have  given  to  this  subject  all  the  attention  in  my  power,  under  a  feel- 
ing of  the  deepest  anxiety,  and  I  have  become  satisfied,  that  after 
the  ordeal  through  which  the  (juesiion  has  already  jiassed — after 
the  searching  investigation  to  which  it  was  s»bjected  by  the  select 
committee  appointed  by  the  Senate — a  committee  no  remarkable, 
so  pre-eminent,  I  niight  well  say,  for  inleliect.  for  wisdom,  and 
for  patriotism — it  is  in  vain  for  any  individual  to  attempt  its  ad- 
justment. I  believe  that  when  the  ]iroposition  which  emanated 
from  that  committee,  representing  every  section  of  the  Union,  and 
representing  the  two  great  parties  of  the  country,  has  failed,  there 
IS  no  hope  left  to  us  of  a  final  adjustment  of  the  question  at  this 
time.  I  regret  it  deeply.  From  varions  quarters  of  the  country, 
appeals  to  me  have  been  made,  with  various  motives;  and  it  has 
been  urged  upon  me  that  it  is  most  expedient  to  leave  this  ques- 
tion open,  because  that  course  would  promote  the  prospects  of  the 
election  of  a  favorite  candidate  for  the  Presidency — my  favorite, 
sir.  But  I  am  incapable  of  regarding  this  subject  in  that  aspect. 
Perish  the  prospects  of  any  living  man,  be  he  whom  he  may,  and 
mine  own  first,  sooner  than  leave  open,  from  such  considcratiims 
as  those,  a  question  so  momentous,  so  agitating  and  exeilins!  .No, 
sir;  I  cannot  look  at  the  subject  in  that  light.  I  can  look  at  it 
only  with  a  view  to  the  best  interests  of  my  country.  I  believe 
the  cinestlon  should  be  settled,  and  settled  promptly  too. 

1  think,  sir,  that  the  events  of  the  present  day  are  full  of  admo- 
nition to  us,  and  I  fear  that  the  admonition  is  not  sufficiently  heed- 
ed. When  Christendom  looks  at  the  debates  which  have  taken 
place  here,  and  at  the  other  end  of  the  capitol,  they  will  believe  us 
to  be  on  the  verse  of  disunion  and  civil  war.  At  the  very  same 
moment  that  wo  are  standing  out  before  Europe  as  the  bright  ex- 
emplar, illuminating  and  arousing  mankind  to  a  ci>nseiousness  of 
the  value  of  rational  and  regulated  liberty,  we  present  this  bumili- 
alins  spectacle  of  internal  dissension!  Why,  sir,  it  was  but  the 
other  day,  as  I  have  been  informed  through  the  correspondence  of 
one  of  our  diplomatic  agents,  that  in  the  great  Germau  Parlia- 
ment, assembled  for  the  purpose  of  uniting  in  one  great  confed- 
eracy the  Germanic  Stues,  on  an  allusion  being  made  to  the  Uni- 
ted States  of  America,  that  august  assemblage,  composed  nf  men 
cold  and  phlegmatic  as  you  have  been  ever  taught  to  regard  them, 
rose  simultaneously  in  token  of  respect,  and  burst  forth  into  loud 
and  long  protracted  shouts,  at  the  bare  mention  of  our  name!  Yel, 
here  we  are,  in  relation  to  a  question  which  should  excite  no  feel- 
inn,  which  involves  no  interest  upon  one  side,  and  only  serves  to 
asail  an  interest  upon  the  other,  sending  forth  to  the  world  a  pie- 
lure  that  borders  upon  the  horrors  of  that  which  has  recently 
startled  men  in  France.  Gentlemer,  talk  of  disunion  as  coolly  as 
we  talk  about  our  ordinary  appropriation  bills!  Disunion!  It  is 
moral  treason  to  breathe  the  word!    Disunion!    As  was  well  said 


9S6 


PRIVATE  BILLS,  ETC. 


[Monday, 


the  other  Jay  by  the  venerable  Senator  from  Kentucky,  whose 
whole  life  has  been  one  continued  career  of  patriotism,  how  can 
you  dismember  iis.  when  Kentucky  strelcljes  her  arms  across  the 
Ohio,  to  Ohio,  Indiana,  and  Illinois?  You  can  npver  dismember 
us!  We  will  hold  the  Union  together  with  hooks  of  steel.  We 
cannot  separate!  Yet,  you  may  go  on  and  (amiliarize  the  pulibc  mind 
with  the  tliought  of  disunion  and  civil  war,  until  yu  do  indccil  light 
up  the  torch  of  the  incendiary.  It  has  become  alreadv  •■familiar 
as  a  household  word."  All  this  may  go  on,  till  at  last  we  behold 
the  gleammg  sword  of  brother  arrayed  against  brother,  and  our 
streams  and  rivers  running  red  with  blood;  but  you  can  never,  on 
this  or  any  other  question,  dismember  the  Union! 

I  have  said,  sir,  that  I  hold  it  moral  treason  to  talk  of  disunion 
or  civil  war  here!  Whai!  talk  of  disunion  at  this  hour,  when,  from 
the  central  hea'.en,  beams  all  over  Christendom  the  star  of  our  re 
public — not  the  less  brilliant,  because,  like  the  firefly  its  light  is 
mellow  and  iriild — when  our  principles  are  scattered  broadc:ist 
throughout  the  European  world — when  the  German  Parliament 
ofTers  its  enthusiaetic  liomage  at  the  mere  mention  of  our  country's 
name!  Is  it  at  such  a  period  that  we  send  words  of  excitement 
and  discord  abroad,  to  make  those  who  are  struggling  to  imitate 
our  example,  doubt  the  capacity  of  man  for  self-government! 

BELIEF     OF    VOLUNTEERS.  ETC. 

The  Senate  proceeded  to  consider  the  following  bill  and  joint 
resolution,  as  ui  Committee  of  the  Whole. 

An  act  for  the  relief  of  Joshiiii  RearJ,  and  tweiity-one  otiier  Tennessee  mounted 
volunteers. 

.loiiit  resolution.  .TUtborizing  tlie  Seciet:iry  of  State  to  furnish  thu  Clerit  of  tlie  dis- 
trict court  of  tlie  United  Suites,  for  the  Western  district  of  Virginia,  four  cojiie.?  of 
Little's  and  Brown's  edilioii  of  the  laws  of  the  United  Plates  ; 

and.  having  severally  amended,  they  were  reported  to  the  Senate, 
and  the  amendmeiTis  were  concurred  in. 

Resolved,  That  the  srid  hill  and'resohition  pass,  with  amendments. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  ilepre~eiitatives  therein. 

PRE-E.MPTION    CLAIIVIS. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  for  the  relief  of  the  pre-emption  claimants  upon 
Miama    lands  in   Indiana,  who,    by  their  services  in   the  Mexican 


war,  are  entitled  to  bounty  land  ;  and,  no  amendment  being  made, 
it  was  reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Besfihrd.  That  this  bill  pass. 

Ordered,  That  the  Sscretary  notify  the  House  of  Representa- 
tives accordingly. 

PRIVATE    BILLS. 

The  following  bills  were  read  a  first  and  second  times,  and  con 
sidered  as  in  Committee  of  the  Whole. 
A  bill  for  the  relief  of  the  leyal  repiesentati\es  of  Thomas  J.  V.  Owen,  deceased. 
A  bill  frtr  the  relief  of  Chanty  Herrington  ; 

and,   no    amendment    being    made,   they  were    reported    to    the 

Senate. 

Ordered,  That  they  pass  to  a  third  reading. 

The  said  bills  were  read  a  third  time. 

Resolved,  That  they  pass,  and  their  titles  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

HAYNE    M.    SALAMON. 

On  motion  by  Mr.  DIX,  it  was 

Ordered,  That  the  report  of  the  Committee  on  Revolulionary 
Claims,  on  the  memorial  of  Hayne  M.  Saloman,  be  reconsidered; 
and 

On  motion  by  Mr.  DIX,  it  was 

Ordered,  That  the  said  report  be  re-committed  to  the  Com- 
mittee on  Revolutionary  Claims. 

EXECUTIVE    SESSION. 

After  the  consideration  of  Executive  business — 

On  motion, 
The  Senate  adjourned. 


August  l.J 


CIVIL  -AND  DIPLOMATIC  LILL. 


987 


TUESDAY,  AUGUST  1,  1848. 


PETITIONS. 

Mr.  STURGEON  presented  the  petition  of  James  Harrington, 
praying  to  be  indemnified  for  ioss  nf  time,  and  expenses  during  an 
illness  contracted  in  the  service  of  the  United  States  ;  which  was 
referred  to  the  Committee  of  Claims. 

Mr.  FELCH  submitted  documents  relating  to  the  claim  of  Wm. 
R.  Noyes,  to  compensation  for  repairing  the  United  States  Court 
Houte  at  Detroit  ;  which  were  referred  to  the  Committee  on  the 
Judiciary. 

espy's  report. 

Mr.  GREENE  submitted  the  following  resolution  ;  which  was 
considered  by  unanimous  consent  and  agreed  to  : 

Rpsiilvel,  That  the  Committep  on  Printing  be  authorized  to  dehver  to  Dr.  K*py 
his  report  on  meteorology,  to  make  such  additions  thereto  as  ho  may  deem  proper,  and 
then  by  liini  to  be  returned. 

ORDER    TO    PRINT. 

On  motion  by  Mr.  HALE,  it  was 

Ordered,  That  the  bill  to  discourage  the  speculations  in  the 
public  lands,  and  to  open  the  same  to  actual  settlers  and  cultiva- 
tors, be  printed. 

PRIVATE  BILL. 

Mr.  MASON,  from  the  Committee  of  Claims,  to  whom  was 
referred  the  bill  from  the  House  of  Representatives,  for  the  relief 
of  Peter  Shaffer,  reported  it  without  amendment. 

adverse   report. 

Mr.  BALDWIN,  from  the  Committee  of  Claims,  to  whom  was 
referred  the  memorial  of  Littleton  D.  Teackle,  submitted  an  ad- 
verse report;  which  was  ordered  to  be  printed. 

Fremont's  explorations. 

Mr.  BREESE,  from  the  Select  Committee,  who  were  instructed 
to  enquire  into  the  expediency  of  providing  for  the  publication,  as 
a  national  work,  of  the  results  of  the  recent  exploring  expedition 
of  J.  C.  Fremont  to  California  and  Oregon,  submittsd  a  report, 
which  was  ordered  to  be  printed. 

rORT    WINNEBAGO. 

Mr.  BENTON,  from  the  Committee  on  Military  Afl'airs,  to 
whom  was  referred  the  bill  to  grant  to  the  State  of  Wisconsin, 
the  military  reservation  at  fort  Winnebago,  reported  it  without 
amendment. 

MESSAGE  FROM  THE  HOtlSE. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk: 

Mr.  Pre-^ident:  The  House  of  Representatives  agree  to  tiie  report  of  the  Committee 
of  Conference  on  the  disagreeing  votes  of  the  tu'o  Houses,  on  the  bdl  makm"  appro 
priations  for  the  naval  Ber\  ice,  for  the  fiscal  year  ending  tlie  3t)th  of  June,  Itvly. 

They  have  passed  a  resolution  for  the  apppointmenl  of  a  joint  committee,  three  ou 
the  part  of  each  House,  to  inquire  into  the  expediency  of  devising  a  system  of  report- 
ing the  debates  and  proceedings  of  CoDgress.  in  which  they  request  the  concurreuce 
of  the  Senate. 

They  have  also  passed  the  following  joint  resolutions: 

A  joint  resolution  coucerning  certain  portions  of  the  iMarine  and  Ordinance  corps. 

A  joint  resolution  nf  thanks  to  the  officers,  sailors,  and  Marines  of  the  United 
States  Navy,  in  winch  they  request  the  concurreuce  of  the  Senate. 

CIVIL  AND  DIPLOMATIC    BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  consi- 
deration of  the  bill  making  appropriations  for  the  civil  and  diplo- 
matic expenses  of  the  government,  for  the  year  ending  the  30th 
day  of  June,  1849,  and  for  other  purposes,  with  the  amendments 
reported  thereto. 

The  second  amendment  reported  by  the  Committee  on  Finance, 
giving  four  watchmen  to  the  northeast  Executive  building  instead 
of  three,  and  adding  $365  to  the  appropriation,  was  agreed  to. 

The  next  amendment  was  to  strike  out  the  following  items  : 

For  the  collection  of  agricultural  statistics,  and  other  purposes,  S.T..'>On  ;  which  se- 
veral sums,  amounting  in  the  whole  to  $li,aUtl,  shall  be  paid  out  of  the  Patent  fund. 

For  defraying  the  expenses  of  chemical  analyses  of  vegetable  substances,  produced 
and  used  lor  the  food  of  man  and  animals  in  the  United  Slates,  to  be  expended  under 
the  direction  of  the  Commissioner  of  Patents,  gl.OUU  ;  the  said  sum  10  bo  paid  out  ol 
the  Patent  fund. 

Mr.  BADGER  wished  to  know  why  it  was  proposed  to  strike 
out  these  items  ? 

Mr.  ATHERTON  said  he  thought  these  things  would  be  bet- 
ter done  by  individuals  and  scientific  societies  thaa  by  the  govern- 
ment. 

Mr.  CALHOUN  was  in  favor  of  the  amendment,  as  he  thought 
the  mania  for  purchasing  books  and  book-making  required  to  be 


checked.  He  thought,  too,  that  the  Commissioner  liaJ  enough  to 
do  without  meddling  with  these  matters,  and  with  which  the  go- 
vernment ought  not  to  connect  itself. 

Mr.  BADGER  could  not  agree  as  to  the  propriety  of  this 
amendment.  He  thought  it  quite  as  important  to  expend  a  little 
on  agricultural  objects  as  on  geographical  explorations. 

Mr.  KING  was  against  these  expenditures,  and  would  vole  for 
the  amendment.  He  said  the  cost  of  publishing  the  history  of  the 
exploring  expedition  was  $140,000.  Where  were  wo  to  stop  ?  He 
was  not  aware  of  any  information  of  value  being  derived  from 
these  agricultural  works. 

Mr.  H.VLE  said  he  should  move  to  strike  out  llie  items  for  the 
exploring  expedition,  when  we  reached  them.    . 

Mr.  DAVIS,  of  Massachusetts,  said  we  expended  a  great  deal 
of  money  in  making  discoveries  ;  and  those  works  which  we  are 
publishing  arc  unprofitable  speculaiions  for  the  government.  Ho  did 
not  see,  however,  that  this  objection  which  had  been  raised  to  expen- 
sive publications  ought  to  apply  to  the  colleciion  of  agricultural 
slitistics.  He  referred  to  the  report  from  the  Patent  Otiioe,  made 
at  this  session,  as  more  valuable,  and  less  burdened  with  trash, 
than  the  reports  which  had  preceded  it. 

Mr.  DICKINSON  referred  to  the  exploration  of  the  Dead  Sea 
which  was  in  progress,  stating  that  it  was  undertaken  by  the  offi- 
cers of  a  provision  ship  which  our  government  had  founti  it  neces- 
sary to  station  in.  the  Mediterranean,  who  had  obtained  leave  of 
absence  for  the  purpose  of  visiting  that  interesting  part  of  the 
country. 

Mr.  BUTLER  said  he  shoald  vote  against  all  these  schemes. 

Mr.  WESTCOTT  said  he  should  vote  against  the  first  amend- 
ment, by  which  it  is  proposed  to  strike  $3,500  for  the  colleciion 
of  agricultural  "statistics,"  and  he  should  vote  to  strikeout  the 
$1,000  for  "  a  chemical  analysis  of  vegetable  substances  produced 
and  used  for  the  food  of  man  and  aniin<tls."  As  to  '•  statistics," 
they  are  useful  in  legislation  here,  and  they  can  be  best  collected 
and  will  he  more  authentic,  and  the  information  obtained  can  also 
be  best  disseminated  by  the  federal  government,  and  through  the 
Patent  Oltice  and  Congicss,  than  by  the  Slates,  or  by  private  as- 
sociations. As  to  the  philosophical  and  scieniiti  operations,  the 
expenses  of  which  it  is  proposed  to  pay,  or  "  chemical  analysis," 
See,  as  called  in  the  bill,  he  did  not  regard  ii  as  a  legiiimate  ex- 
penditure by  the  federal  government,  to  make  such  payment.  We 
do  not  need  such  experiments  lor  our  legislation  hero.  Mr.  W. 
said  he  freely  admitted  that  the  book-making  as  lo  farming  mat. 
ters  by  the  Patent  Ollico  had  not  been  as  practical,  and  therelore 
not  as  useful,  as  it  might  have  been.  A  great  deal  was  printed 
annually  that  was  of  iitilo  service.  An  old  planter  in  his  State 
had  said  to  him,  and  he  had  noticed  the  remark  was  correct,  thai 
generally  book  farmers  and  planters,  those  fond  of  experiment- 
in<r  and  taking  u[)  with  scientific  schemes  and  projects,  which 
were  sometimes  mere  quack  contrivances,  and  also  those  who 
painted  their  fences  and  laid  out  their  fields  in  exact  squares  or 
parellograms,  and  exercised  fancy  in  their  farming,  were  gene- 
rally much  less  successful  than  the  plain  old  fashioned  practical 
men,  who  considered  keeping  down  the  weeds  and  grass  in  their 
crops  as  the  most  important  matter.  Fancy  farmers  made  out 
best  in  rearing  flowers.  He  hoped  hereafter  the  Patent  Office 
report  would  be  more  useful  and  practical,  and,  il  so,  it  would  bo 
the  most  valuable  public^document  we  printed.  It  is  a  relief  to 
the  people  to  hear  from  members  of  Congress  something  else  ihan 
dry  speeches  and  dull  reports  on  claims,  and  uninteresting  political 
abstractions.  Mr.  W.  said  ho  believed  if  an  annual  specific  ap. 
propriation  of  $10,000  was  made  wherewith  to  procure  foi»ign 
seeds,  roots,  plants,  See.,  they  ehould  be  got  from  foreign  coun- 
tries and  distributed  while  fresh  in  the  United  States,  in  the  sec- 
tions to  which  they  are  adapted.  Southern  products,  if  so  pro 
cured,  would  be  of  great  service.  It  is  the  section  where  the 
more  new  and  unknown  products  can  be  introduced  The  pre- 
sent arrangements  are  not  the  best  that  could  be  adopted  with  res- 
pect to  the  colleciion  and  distribution  of  seeds.  The  seeds  are 
often  old  and'^-orthless.  In  1>!29,  the  House  of  Represeniatives 
made  an  appropriation  by  resolution  for  procuring  seeds;  and 
there  was,  he  believed,  a  law  making  it  the  duty  of  our  ministers 
and  consuls  abroad,  and  naval  olficers  in  foreign  counlrio.,  to  col- 
lect seeds  and  plants,  and  he  believed  they  were  all  formally  in- 
structed so  to  do,  but  the  service  was  rarely  lulfiled  propeny.— 
Mr.  W.  said  he  found  a  few  days  since  a  statement  in  an  English 
publication  that  the  Island  of  Great  Britain  had  got  from  America 
alone  upwards  of  3,500  different  varieties  of  trees,  herbs,  plants, 
ve<fetables.  Sec.,  sinch  the  discovery  of  America.  Tlicre  are  thou- 
sands of  valuable  plants,  and  particularly  vegetables,  lor  huinan 
subsistence,  in  foreign  countries  that  are  not  known  in  the  Lmied 
Stales.     One  hundred  years  ago  our  great  staples  of  rice  and  cot- 


988 


CIVIL  AND  DIPLOMATIC  :BILL. 


[Tuesday, 


ton  were  of  little  nioment.  Mr.  W.  said  he  had  solicited  the 
Commissioner  of  Patents  to  write  cirenlarsto  officers  of  the  anny 
to  collect  seeds,  &c.,  in  Mexico,  but  he  learned  very  few  had  com- 
plied with  llie  request.  He  hoped  some  measures  would  be 
ado]>ted  to  obtain  seeds,  he,  as  he  suggested.  They  would  be 
more  beneficial  than  all  the  books,  and  while  such  measure  would 
cost  only  $1U,001),  books  cost  annually  upwards  of  $50,000. 

Mr.  DOWNS  thought  this  effort  at  retrenchment  was  beginning 
at  the  wrong  end;  it  was  commencing  with  stopping  the  only 
book  in  whicii  the  people  took  any  interest.  We  takj  a  different 
view  of  this  subject  from  that  taken  by  the  people,  who  complain 
more  loudly  of  our  long  speeches,  which  keep  us  in  session  eight 
months  out  of  twelve,  "than  of  the  appropriation  of  a  little  money 
lb,  the  publication  of  useful  works.  Our  system  is  founded  on  the 
principle  that  the  people  must  have  light. 

Mr.  NILES  regarded  this  business  of  protecting  a<;riculture  as 
not  belonging  to  the  legitimate  duties  of  government,  in  its  legisla- 
tive action;  it  belongs  to  the  people  and  the  States.  If  it  does  be- 
long to  government,  we  are  too  inoperative;  we  ought  to  have  a 
prosier  Inireau  and  conipetont  professors.  He  remarked  on  the  im- 
perfection of  everything  done  by  Congress  in  the  way  of  collecting 
statistics,  and  thoughtvve  bad  better'stop  short.  But  if  wo  were 
to  go  on  with  the  system  of  enlightening  the  country,  it  would  be 
as  well  to  publish  those  valuable  primary  books  which  are  useful 
for  eduoaiion,  and  are  eagerly  sought  after  throughout  the  whole 
country,   by  parents  and  teachers. 

The  rpiestion  was  divided;  and  the  question  was  first  taken  on 
the  part  relating  to  the  agriccltural  statistics,  by  yeas  and  nays, 
and  decided  in  the  negative,  as  follows  : 

VRAS  —Messrs  Atliprlon,  Bell.  Benton,  Dfadbnrv.  Butler.  Calhoun,  Dickin- 
■:on.  Dis,  llnle,  Hunter,  Kmg,  J.owis,  Mason,  Mulcalfc,  Niles,  Tumey,  and  Yulee. 

""nays.— Messrs.  Allen,  Alchuon,  Bailger,  BalJwin,  Borland,  Clarke.  Claylon, 
("orwhi  liavis,  of  Mnss.achusetls,  Dayton,  Dodge,  Douglas.  Dovi'ns,  Feieh,  Fitz- 
■■erald  Fonte  Greene,  llauuesan,  Houston,  Jotmson,  of  Maryland,  Johnson,  ol  Lon- 
Psiana,' .I.diu.on,  of  Ciorgia,  Mangum,  Miller.  Phelps,  Rusk,  SehasUan,  Spruaiice, 
Sturgeon,  Underwood,  Uphani,  Walker,  autl  VVestcott. — 33. 

The  question  was  then  taken  on  the  second  branch  of  the  amend- 
ment, which  was  agreed  to. 

An  amendment  making  the  appropriations  of  fifteen  hundred 
dollars  for  the  purchase  of  scientific  works  for  the  Patent  Office, 
and  of  three  hundred  dollars  for  the  librarian,  payable  out  of  the 
Patent  Office  fund,  was  agreed  to. 

The  next  amendmeut  was  to  .strike  out  the  reduction  of  five 
hundred  dollars  in  the  salary  of  the  First  Comptroller. 

Mr.  ATHERTON  briefly  defended  the  amendment,  on  the 
ground  that  the  present  moment,  when  the  duties  were  more  ar- 
duous than  usual,  was  most  inappropriate  for  a  reduction  of  sala- 
ries. 

Mr.  BADGER  also  defended  the  amendment. 

The  amendment  was  then  agreed  to. 

The  next  amendment  was  to  strike  out  the  reduction  of  five 
hundred  dollars  from  the  salary  of  the  Second  Comptroller;  which 
was  agreed  to. 

The  next  amendment,  inserting  six  instead  of  three  additional 
i:lerks  in  the  office  of  the  Second  Comptroller,  was  agreed  to. 

All  the  other  amendments,  striking  out  the  reductions  of  sala- 
ries introduced  by  the  House  of  Representatives,  were   agreed  to. 

The  remaining  amendments,  of  the  committee  were  agreed  to, 
with  the  exception  of  the  following  items,  which  were  passed  by 
as  likely  to  cause  discu.ssion  : 

That  to  strike  out  the  proviso  relating  to  a  captain  of  the  navy 
being  appointed  to  the  Bureau  of  Provisions  and  Clo'hing. 

[Mr.  ATHERTON  explained  that  this  was  not  an  amendment 
of  the  committee,  and  had  been  inserted  by  mistake.  It  was  pro- 
per, however,  and,  if  no  other  Senhtor  did,  he  should  move  to  strike 
out  the  proviso. 

Mr.  BADGER  thought  the  proviso  ought  not  to  bi?  stricken 
out.  »He  would  move  to  amend  it  by  substituting  "  purser"  for 
"  captain."] 

That  relating  to  the  appropriation  of  $50,000  for  the  psyment 
iif  claims  of  ihii  Spanish  government  against  the  United  States. 

That  relating  to  iho  improvernont  of  the  Savannah  river. 

That  ridnting  to  the  item  of  $30,000  for  the  purchase  of  one  or 
more  bridges  over  the  Eastern  Branch,  to  be  mado  free  of  toll; 
and  that  relating  to  the  extension  of  the  appropriation  from  $65,- 
000  to  $115,000  relating  to  surveys  in  Michigan,  Wisconsin,  and 
Iowa,  and  private  claims  in  Florida. 

On  motion  by  Mr.  RUSK,  the  bill  was  further  amended,  by  in- 
serting a  proviso,  that  from  and  after  the  1st  July,  1848,  the  As- 
sistant Postmasters  General  shall  rcocivo  the  same  compensation 
as  Auditors, 


After  the  adoytion  of  several  unimportant  amendments,  the  fur- 
ther consideration  of  the  bill  was  postponed  until  to-morrow. 

FLORIDA    EVERGLADES. 

Mr.  WESTCOTT,  agreeably  to  notice,  asked  and  obtained 
leave  to  bring  in  a  bill  to  authorize  the  draining  of  the  Everglades 
in  the  State  of  Florida  by  that  State,  and  to  grant  the  same  to 
said  State  for  that  purpose;  which  was  raad  the  first  and  second 
times,  by  unanimous  consent,  and  referred  to  the  Committee  on 
Puclie  Lands. 

THANES    TO    THE    NATY    AND    MARINES. 

The  joint  resolution  from  the  House  of  Representatives  of  thank* 
to  officers,  sailors,  and  marines  of  the  United  States  Navy,  was 
read  a  first  and  second  times,  bv  unanimous  consent,  and  consider- 
ed as  in  Committee  of  the  Whole. 

Mr.  WESTCOTT  said  he  shoidd  vote  for  this  resolution  with 
great  pleasure,  but  he  did  not  approve  of  the  phraseology  of  it. 
He  did  not  approve  of  the  singling  out  the  naval  service  at  Vera 
Cruz  and  omitting  Alvarado.  Tha  capture  of  that  place,  and  of 
TIaeotalpan,  by  the  gallant  Charles  G.  Hunter,  with  a  little  one 
gun  steamer,  was  the  most  brilliant  and  meritorious  exploit  of  the 
navy  in  this  war;  and  that  brave  officer,  in  his  opinion,  and  he  be- 
lieved in  the  opinion  of  the  country,  generally,  deserved  more  credit 
than  any  other  naval  officer  in  the  war. 

No  amendment  being  made  the  resolution  was  reported  to  the 
Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  resolution  was  read  a  third  time  by  unanimous  consent. 

'  On  the  question,  "  Shall  this  resolution  pass?"  Mr.  HALE  de- 
manded the  yeas  and  nays,  and  it  was  determined  in  the  affirma- 
tive  as  follows  : 

Yl'.AS — Messrs.  Allen.  Atchison,  Atherloo,  Badger  Bell,  Borland.  BrBdbori', 
Butler,  Clarke.  Clayton,  Dayton,  Dickinson,  Di,\,  Douglas,  Downs,  Fitzgerald, 
Greene,  Houston,  Hunter,  Jolinson,  ol  Maryland,  Johnson,  of  Louisiana,  King, 
Lewis.  Mangum,  Mason,  Metcalf,  Aliller,  Niles,  Busk,  Sebastian,  Spruance,Turney, 
Underwood,  Uphani,  Walker,  Westeon,  Yulee — 37. 

NAY— Mr.  Hale— 1. 

So  it  was 
Ri'$(tlrtd,  That  this  resolution  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

REPORTS  OF  DEBATES. 

The  Senate,  by  unanimous  consent,  proceeded   to  consider  the 
resolution  proposed  by  the  House  of  Representatives   for  the  ap- 
pointment of  a  joint  committee  on  the  subject  of  reporting  the  de- 
bales  of  the  two  Houses  ;  and  it  was 
Resolved,  That  they  concur  therein. 

On  motion  by  Mr.  BENTON,  it  was 

Ordered,  That  the  committee  on  the  part  of  the  Senate  be  ap- 
pointed by  the  President  pro  tern. ;  and 

Mr.  BENTON,  Mr.  RU.SK,  and  Mr.  CLAYTON  were  accord- 
ingly appointed. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives thereof. 

HOUSE  RESOLUTION  REFERRED. 

The  resolution  from  the  House  of  Representatives  concerning 
portions  of  the  marine  and  ordinance  corps  was  read  the  first  and 
second  times  by  unanimous  consent,  and  referred  to  the  Committee 
on  Naval  Alt'airs. 

JACKSON    MONITMENT. 

Mr.  DIX,  from  the  Committee  on  Military  Affairs,  to  whom 
was  referred  the  memorial  of  the  Jackson  Monument  Association, 
reported  a  resolution  granting  to  the  Jackson  Monument  commit- 
tee brass  guns  and  mortars,  captured  by  General  Andrew  Jack- 
son, and  for  other  purposes  ;  which  was  read  the  first  and  second 
time  by  unanimous  consent,  and  considered  as  in  Committee  of  the 
Whole. 

And  no  amendment  being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  resolution  was  read  a  third  time. 

licolvtil.  That  this  resolution  pass,  and  that  the  lille  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  tha 
House  of  Representatives  therein. 

EXECUTIVE    SESSION. 

After  the  consideration  of  Executive  business — 

On  motion. 
The  Senate  adjourned. 


August  2.  | 


PETITIONS,  BILLS,  ETC. 


989 


WEDNESDAY,  AUGUST  2,  1848. 


MEETING    OF    VOLUNTEERS. 


The  PRESIDENT  pro  tempore  presented  the  proceedings  ol'  a 
meeting  of  volunteers  who  have  returned  from  Mexico,  in  favor  of 
a  proposed  raoilillcation  of  the  act.  srrantin;;  three  months  extra 
pay  ;  which  were  referred  to  the  Committee  on  Military  Aifairs. 


PETITIONS, 


Mr.  MAN'j'UM  presented  a  supplemental  memorial  from 
Charles  Lee  Jones,  in  relation  to  the  appointment  of  certain  offi- 
cers to  the  command  of  the  volunteers  irom  the  District  of  Co- 
lumbia and  Maryland  ;  which  was  referred  to  the  Committee  on 
Military  AlFairs. 

On  motion  by  Mr.  BORLAND,  it  was 

Ordered,  That  Jonathan  Lewis  have  leave  to  withdraw  his  pe- 
tition and  papers. 

CHANGE    OF    REFERENCE. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered,  Thnt  the  Committee  on  Pensions  he  discharged  from 
the  further  consideralion  of  the  resolution  of  the  Senate,  of  the 
25th  of  July,  relating  to  the  expediency  of  grantint;  certain  pen- 
sions ;  and  that  the  same  be  referred  to  the  Committee  on  Naval 
Affairs. 

PKITATE  BILLS. 

Mr.  HANNEGAN,  from  the  Committee  on  Foreiijn  Relations, 
to  whom  was  referred  the  memorial  of  Robert  M.  Harrison,  re- 
ported a  bill  for  his  relief;  which  was  read,  and  passed  to  the 
second  reading. 

Mr.  HANNEGAN,  from  the  same  Committee,  to  whom  were 
referred  the  following  bills  from  the  House  of  Repsesentatives  : 
An  -let  forliie  relief  of  the  legal  representative*  of  Cornelius  .Manninc- 
An  act  for  llie  relief  of  tlie  legal  represenlalives  of  Benjamin  Uod^es. 

reported  the  same  without  amendment. 

ADVERSE    REPORTS. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pensions, 
to  whom  were  referred  the  following  bills  from  the  House  of  Rep- 
resentatives : 

An  act  for  llie  relief  of  Eliza  Roberts. 

An  act  providing  for  the  payment  of  anearagei  of  pension  to  Anthony  Walton 
Bayard. 
An  act  for  the  relief  of  Francis  Hulinacli. 
An  act  for  the  relief  of  .\aron  Tncker. 
An  act  for  the  relief  of  Sarah  Hildretli. 

reported  the  surae  without  amendment,  and  that   they  ought  not 
to  pass. 

MESS-A.GE  FROM  THE  HOUSE, 

The  following  message  was  received  from  the  House  of  Repr«- 
sentatives,  by  Mr.  Campbell,  their  Clerk  : 

Mr.  President :  The  Honse  of  Representatives  have  pa.ssed  a  hill  to  change  the 
place  of  holding  the  district  court  of  the  United  States  for  the  middle  district  of  Ala 
bama,  and  for  other  purposes  ;  in  which  they  request  the  concurrence  of  the  Senate  , 

The  Hon-.e  have  passed  the  joint  resolution  authorizing  the  proper  accounting  olli 
cers  of  the  Treasury  to  make  a  fair  andjnst  settlement  of  the  claims  of  the  Cherokee 
natinns  of  Indians,  according  to  tlie  principles  established  by  the  treats  of  August, 
1816,    with  an  amendment,'  in  whieli  they  request  the   concurrence  of  the  Senate. 

The  House  of  Representatives  concur  in  the  amendments  of  the  Senate,  to  the  bill 
for  the  relief  of  Archibald  Beard  and  twenty-one  other  Tennessee  mounted  volun- 
teers ; 

And  in  the  amendments  of  the  Senate  to  the  joint  resolution  authorizing  the  Sere 
tary  of  Stateto  furnish  to  the  district  court  of  the  United  Ptates  foi  the  western  dis- 
trict of  Virginia  four  copies  of  Little  and  Brown's  editon  of  the  Lawi  of  the  L  nited 
Stales. 

The  President  of  the  United  States  approved  and  signed,  on  the  •J9tli  July,  the  fol 
lowing  acts : 

An  act  for  the  relief  of  certain  widows  ol  ofSceni  and  soldiers  of  the  revolutionary 
army. 
An  act  making  appropriations  for  tlie  current  and  contingent  expenses  of  the  In- 


COL.    R.    M.    JOHKION. 

On  motion  by  Mr.  BELL,  the  prior  orders  were  postponed, 
and  the  bill  to  compensate  R.  M.  Johnson  for  the  erection  of  cer- 
tain buildings  for  the  use  of  the  Choctaw  Academy,  was  read  iba 
second  time  and  considered  as  in  Comiuiitce  of  the  Whole. 

No  amendment  being  made,  the  bill  was  reported  to  the  Sen- 
ate. 

Ordered,  That  it  bo  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  lime  by  unanimous  consent. 

ItrsotrriU  That  it  pas*,  and  lliat  the  title  thereof  be  a*  ..foretajd. 

Ordered,  That  the  Secretary  request  the  conoorrence  of  the 
House  of  Representatives  in  this  bill. 

REPAYMENT    OF    ADVA.NCES    MADE    IS    CALIFORNIA. 

On  motion  by  Mr.  VVESTCOTT,  the  prior  orders  were  post- 
poned, and  the  bill  lur  the  relief  of  Ward  and  Smith  was  read 
the  second  time  and  considered  as  in  Committee  of  the  Whole, 

No  amendment  being  made  the  bill  was  reported  to  the  Sen- 
ate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 
The  said  bill  was  read  a  third  time  by  unanimous  consent. 
Jitsotrt'd,  That  it  pass,  and  that  the  title  tliereof  be  a»  aforesaid. 
Ordered,  That   the   Secretary   request   the  concurreace  of  the 


House  of  Representatives  in  this  bill. 


dian  departmentr  and  folfilling  treaty  stipulations  with  variant  Indian  tribes,  for  the 
year  ending  the  30th  of  June,  1849,  and  for  other  purposes. 

The  Speaker  of  the  Honse  of  Representatives  having  signed  eighteen  enrolled 
bill.  I  am  directed  to   bring  them  to  the  Senate  for  the  signature  of  their  President; 

SIGNING    OF   BILLS. 

The  PRESIDENT  pro  tern,  signed  the  eighteen  enrolled  bills 
received  from  tho  House  of  Representatives. 


FORT    WINNEBAGO 

On  motion  by  Mr.  W.\LKER,  the  prior  orders  were  postponed, 
and  tho  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  to  grant  to  the  State  of  Wisconsin,  the  military 
reservation  at  Fort  Winnebago;  and,  having  been  amended,  it 
was  reported  to  the  Senate,  and  the  amendment  was  concurred 
in. 

Ordered,  That  this  bill  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time. 

Resoivcd,  That  this  bill  pass,  and  that  the  title  thi  reof  lie  ai  nforetaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

SAILORS   AND    MARINES. 

Mr.  YULEE,  from  the  Committee  on  Naval  Affairs,  to  whom 
was  referred  the  joint  resolution  from  the  House  of  Representa- 
tives placing  the  seamen  and  marines  who  have  served  in  Mexico 
on  the  same  looting  with  non-commissioned  officers  and  soldiers  of 
the  army,  reported  it  with  amendments. 

The  amendments  having  been  agreed  to,  the  resolution  was  re- 
ported to  the  Senate,  and  the  amendments  were  concurred  in. 

Ordered,  That  the  amendments  be  engrossed,  and  the  resolu- 
tion read  a  third  time. 

Tho  said  resolution  was  read  a  third  time, 

Resotvidy  That  this  reiotutiou  pasi,  with  atnendiuents. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  these  amendments. 

CIVIL   AND    DIPLOMATIC  BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  consid- 
eration  of  the  bill  making  appropriations  for  the  civil  and  diplo- 
matic expenses  of  the  government,  for  the  year  ending  30th  June, 
1849,  and  for  other  purposes. 

Mr.  ATHERTON  moved  to  amend  the  bill  in  line  421,  on  the 
ISth  page,  by  suiking  out  "  eight"  and  inserting  '•  ten."  thus 
increasing  the  appropriation  for  the  rem  of  offices  for  the  War 
Department  from  $S,500  to  $10,500. 

Mr.  HALE  inquired  whether  these  rooms  had  been  prepared  at 
the  suggestion  of  tho  Department ' 

Mr.  ATHERTON  replied  that  he  had  heaad  so,  but  not  di- 
rectly  from  tho  Department. 

Mr.  HALE  would  rather  strike  out  the  $8,500  than  give  any 
more. 

Mr.  YULEE  thought  the  rent  proposed  to  be  given  was  en- 
tirely too  much. 

Mr  ATHERTON  explained  that  it  was  proposed  to  occupy 
sixty  rooms  at  $175  aach,  whioh  would  amount  to  $10,600. 


990 


CIVIL  AND  DIPLOMATIC  BILL. 


[WednesdayJ 


After  some  remarks  from  Messrs.  Dayton,  Hale,  Phelps, 
King,  and  Athebton,  the  amendment  was  agreed  to. 

Mr.  ATHERTON  moved  further  to  amend  the  bill  after  lino 
GSS,  by  inserting  an  appropriation  ofSS.OUO  for  paying  the  Wash- 
ington Gas  Light  Company  for  gas,  &c.;  which  was  agreed  to. 

Mr.  ATHERTON  moved  further  to  amend  the  bill,  in  line  792, 
by  striking  out  "ten''  and  inserting  "twenty-four,''  which  was 
agreed  to. 

Mr.  ATHERTON  moved  further  to  amend  the  bill,  in  jiaiie 
37,  by  inserting  an  appropriation  to  refund  to  the  State  of  Virginia 
the  amount  paid  by  the  State  for  revolutionary  services,  under 
judirments  obtained  against  the  States,  in  her  courts;  which  was 
agreed  to. 

Mr.  ATHERTON  moved  further  to  amend  the  hill  by  insert- 
ing, after  line  1044,  "for  compensation  and  expenses  of  a  com- 
mercial agent,  to  be  selected  ami  sent  abroad  by  the  President,  to 
collect  information  respecting  the  commerce,  productions,  and 
statistics  of  Asia  and  Eastern  Africa,  ten  thousand  dollars." 

After  debate — 

The  question  was  taken  upon  agreeing  to  the  amendment,  and 
it  was  determined  in  the  negative,  as  follows  : 

YE.\S.— Messrs.  Atliprlon,  Baiiger,  BaWwin,  Bell,  Caliioon.  Davis,  of  Massa- 
•■liuseUs,  Davis,  of  Missi*si|)in,  Dayton,  Dix,  Duilge,  Fitzgerald.  Greene,  Hale,  Ham- 
lin, Hoiiston,  Johnson,  of  Marylaiirl,  Johnson  ,  of  Louisiana,  Johnson,  of  Georgia, 
Lewis,  Mangam,  Niles,  Phelps,  Sebastian,  and  Sturgeon.— -24. 

NAYS.— Messrs.  Allen,  Atehison,  Benton.  Borland,  Bradbury.  Breese,  Bright, 
Butler.  Claike,  Douglas,  Downs,  Fek-b,  Hale.  Hunter.  King,  Mason,  .Metealfe,  Mil- 
ler, Spruauee,  Underwood,  Upliain,  Walker,  Wc-steott,  and  Vnlee, — '21. 

So  the  amendment  was  rejected. 

Mr.  ATHERTON  moved  further  to  amend  the  bill,  at  page  19, 
line  4.50,  by  striking  out  the  ]iroviso  that  the  duties  of  Chief  of  the 
Bureau  of  Provisions  and  Clothing  shall  be  performed  by  a  captain 
in  the  navy,  who  shall  receive  for  his  services  no  compensation  ex- 
cept his  pay  as  a  captain. 

Mr.  BADGER  moved  to  amend  the  proviso,  so  that  it  shall  read 
as  follows  : 

"T'rovttlFd,  That  when  a  vacancy  shall  occur,  a  purser  of  the  navy  of  the  Ignited 
States,  of  not  less  than  ten  years'  standing,  shall  be  assigned  to  iluty  as  head  of  said 
bute.iu.  receiving  for  his  services  no  com[iensation,  except  his  highest  service  pay  as 
a  imnoT." 

After  debate — 

The  amendment  of  Mr.  Bahger  was  agreed  to. 

The  question  then  recurred  on  the  motion  by  Mr.  Atherton, 
to  strike  out  the  proviso,  and  it  was  determined  in  the  affirmative 
as  follows  ; 

VE.\S— Messrs,  Allen.  Atchison,  .\therton,  Baldwin.  Benton.  Br.adhury,  Bright, 
Butler,  Dix.  Doilge,  Downs,  Felch,  Fitzgerald.  Foote,  Hamlin.  Hanuegan,  Hunter, 
Johnson,  of  Maryland,  Johnson,  of  Georgia.  Niles,  Sebastian,  Walker,  and  Westcotl 
—2:1. 

NAYS — Messrs.  Badger.  Bell.  Borland.  Breese.  Calhoun.  Clarke.  Clayton,  Davis, 
of  Mississippi.  Greene,  Hale.  Johnson,  of  Lonisiana,  Mangum,  Mason,  Metcalfe, 
Miller,  Phelps,  Spruance,  Underwood,  Upham,  and  Yulea — 2J. 


Mr.  JOHNSON,  of  Maryland  stated  that  he  had  voted  in  the 
affirmative,  under  a  misapprehension  of  the  question,  and  on  his 
motion  the  vote  just  taken  was  reconsidered. 

The  question  being  again  put  on  agreeing  to  the  motion  by  Mr. 
Athebton,  to  strike  out  the  proviso,  it  was  determined  in  the  ne- 
gative as  follows  : 

YEAS— Messrs.  Allen,  Atherloii, -Baldwin,  Benton,  Bradbnry,  Bright,  Dii, 
Dodge,  Downs,  Felch,  F'ilzgerald.  Hamlin,  Hanuegan,  Houston,  Hunter,  Johnson,  of 
(Ja.,  Niles,  Walker,  and  Westcott— 19. 

NAYS— Messrs.  Atehison.  Badger,  Bell,  Borland.  Breese.  Butler.  Caihoun,  Clarke, 
Clayton,  Davis  of  Mississippi,  Dayton,  Dickinson.  Foote,  (_;repne,  Hale,  Johnson,  of 
iMarylanil,  Johnson,  of  I-.ouisiana.  King,  Lewis,  Manguni,  Mason,  Metcalfe,  Miller, 
Phelps,  Rusk,  Seb.-istion,  Spruance,  I'nderwood,  Uphani,  and  Yulee — 311. 

The  question  was  then  stated  upon  agreeing  to  the  amendment 
reported  from  the  Committee  on  Finance,  to  insert  at  the  end  of 
line  525,  '  for  a  clerk  to  said  Commissioner  [of  Public  Buildings] 
six  hundred  dollars  ;  and,  after  debate,  it  was  determined  in  the 
negative  as  follows  : 

YEAS — Messrs.  Atchison,  Atherton,  Baldwin,  Benton,  Butler,  Dickinson,  Dix, 
Doilge,  Downs,  Fitzgerald,  Foote,  Houston,  Hunter,  Lewis,  Niles,  Phelps,  and  Un- 
derwood— 17. 

NAYS— Messrs.  Badger,  Borland,  Bradbury.  Breese,  Bright,  Calhoun.  Clayton, 
Oavis.  of  Massachusetts,  Davis,  of  Missis^ippi,'Dayton.  Felch,  Hale,  Hamlin,  Han- 
uegan, Johnson,  of  Maryland,  Johnson,  of  Georgia,  King,  Mangum,  Mason,  Met- 
calfc.  Miller,  Rosk,  Spruance,  Turney,  Walker,  Westcotl,  and  Yulee — 27, 

.  So  the  amendment  was  rejected. 

The  question  was  then  stated  upon  agreeing  to  the  amendment 
reported  from  the  Committee  on  Finance,  to  insert  after  the  620th 
line  : 

"For  Ihe  purchase  of  one  or  both  of  the  bridges  over  the  Eastern  branch,  near  the 
city  of  Washington,  at  a  valuation  to  be  made  in  such  manner  as  the  Secretary  of  the 
Treasury  may  direct?  a  sum  not  exceeding  thirty  thousand  ilollars,  which  bridge  or 
bridges,  when  purchased,  shall  be  free  of  toll  to  all  persons  whomsoever,  under  such 
regulations  as  are  now  in  force,  or  as  the  same  may  be  legally  modified,  or  added  to 
in  relation  to  the  Potomac  bridge  opposite  said  city.'' 

and,  after  debate,  it  was  determined  in  the  affirmative. 

So  the  amendment  was  agreed  to. 

The  question  was  then  st.tted  upon  agreeing  to  the  amend- 
ment reported  from  the  Committee  on  Finance,  to  strike  out  lines 
830,  831  and  832,  (being  the  appropriation  for  the  removal  of  ob- 
structions in  the  Savannah  river) 

Mr.  UNDERWDOD  moved  to  amend  the  amendment,  by  in- 
serting S50.000  for  the  improvement  of  the  dam  at  Cumberland 
Island,  in  the  Ohio  river. 

Mr.  DIX  gave  notice  of  his  desire,  if  that  was  sustained,  to  of- 
fer a  similar  amendment  for  the  Hudson  river,  below  Albany. 

After  debate  — 

On  motion. 
The  Senate  adjourned. 


August  3.] 


THE  OREGON  BILL. 


991 


THURSDAY,  AUGUST  3.  1848. 


MESSAGE    FROM    THE    PRESIDENT. 

The  following  messace  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary  : 

To  the  Senate  of  the  United  Slates  : 

I  communicate  herewirh  a  report  from  the  Secretary  of  War.  together  with  the 
accompanying  doenments.  in  conipiiance  with  a  rcsohltion  of  tlic  Si-nate  of  the  '.Mth 
July,  1848,  requesting  the  rresident  "to  transmit  to  tile  Henatc  tlie  proceeding  of  Ihc 
two  conns  of  inquiry  in  tlie  case  of  iMajor  General  Pillow,  the  one  commenced  and 
terminated  in  Mexico,  and  the  other  commenced  in  .Mexico  and  terminated  in  the 
United  Stales." 

JAMES  K.  POLK. 

Washington,  August  3d,  1848. 

The  message' was  read  ;  and 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  it  was 

Ordered,  That  it  be  printed,  and  that  ihretj  thousand  additional 
copies  be  printed  for  the  use  of  the  Senate. 

PETITIONS. 

Mr.  SEBASTIAN  presented  a  petition  of  citizens  of  Arkansas 
and  Louisiana  praying  the  establishment  of  a  mail  route  from 
Lewisville,  Arkansas,  to  Minden,  Louisiana  ;  which  was  referred 
to  the  Commitiee  on  the  Post  Office  and  Post  Koads. 

Mr.  DOUGLAS  presented  ibe  memorial  of  J.  Quinn  Thornton, 
praying  the  reiuibursoment  of  the  expenses  incurred  by  the  provi- 
sional government  of  Oregon,  in  defending  the  inhabilants  nl  that 
territory  against  Indian  incursions  ;  which  was  referred  to  the 
Committee  on  Military  Affairs. 

on  motion  by  Mr.  SEBASTIAN,  it  was" 

Ordered.  That  the  Committee  on  Private  Land  Claims  be  dis- 
charged from  the  further  consideration  of  the  petition  of  citizens 
Missouri,  relative  to  pre-emption  rights. 

MAPS    OF  THE  VALLEY   OK  MEXICO. 

Mr.  LEWIS  submitted  the  following  resolution,  which  was  con- 
sidered by  unanimous  consent  and  agreed  to  : 

Rt;sotved,  That  the  Secretary  of  War  furnisii  tlie  Senate,  as  soon  -X".  practicable.  Ih« 
originals  or  copies,  of  llie  maps  of  the  valley  of  Mexico,  from  the  surveys  of  Lieute- 
nants Smith  and  Hardcastle.  of  the  lopo<jra[ihibaI  engineers,  and  also  of  the  route 
from  Vera  Cruz  lo  Ihe  city  of  Mexico,  by  Lieutenant  Hardcastte,  and  the  reports  of 
said  oliicers  accompanying  Ihe  same. 

CHEROKEE    CLAIMS. 

The  Senate  proceeded  to  consider  the  amendments  of  the  House 
of  Representatives  to  the  joint  resolution  authorizing  the  proper 
accounting  officers  of  the  Treasury  to  make  a  just  and  fair  settle- 
ment of  the  claims  of  the  Cherokee  nation  of  Indians,  according 
to  the  principles  established  by  the  treaty  of  August,  1846  ;  and 

On  motion  by  Mr.  BELL,  it  was 

Resolved,  That  they  concur  llier^tn. 

Ordered,  That  the  Secretary  notify  the  House  of  Rcpresenla- 
lives  accordingly. 

DISTRICT   COURT   OF  THE  U.    S.  IN  ALABAMA. 

The  bill  from  the  House  of  Representatives  to  change  the  place 
of  holding  the  district  court  of  the  United  States  for  the  middle 
district  of  Alabama,  and  for  other  purposes,  was  read  the  first  and 
second  times,  by  unanimous  consent. 

Mr.  LEWIS  hoped  the  usual  reference  would  be  dispensed  with 
in  this  case,  and  that  the  bill  would  be  put  upon  its  passage. 

Mr.  KING  trusted,  that  the  proposition  of  his  colleague  would 
be  acceded  to. 

Mr.  BUTLER  remarked  that  a  similar  bill  had  already  been 
reported  from  the  Committee  on  the  Judiciary,  and  therefore  there 
could  be  no  necessity  for  referring  the  subject  again  to  them. 

The  Senate  proceeded  to  consider  the  bill;  and  no  amendment 
being  made,  it  was  reported  to  the  Senate. 
Ordered,  That  it  pass  to  a  third  reading. 
The  said  bill  was  read  a  third  time,  by  unanimous  consent. 

Resolved,  That  this  bill  jiass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa. 
tives  accordingly. 

RETIRED   LISTS  FOR    THE  ARMY   AND  NAVY. 

Mr.  YULEE,  from  the  Select  Committee,  to  whom  were  re- 
ferred, on  the  13th  June.  Senate  bills  98  and  190,  reported  a  bill 
to  promote  the  efficiency  of  the  military  and  naval  estttblishinents; 
which  was  read  and  passed  to  the  second  reading. 


MESSAGE  FROM  THE  HOUSE. 

The  following  message  from  the  House  of  Representatives,  by 
Mr.  Campbell,  their  Clerk: 

Mr.  President:  The  House  of  Repre^entnlivrs  liare  pawTd  a  bill  to  e«1abli*lt  tb» let. 
ritoiial  government  of  (tre«oD;   in  which  lliey  ie<]QC9l  Uw  cODCurreuce  of  Ihe  Senate. 

THE  OREGON  BILL. 

The  bill  from  the  House  of  Representatives  to  establish  the  ter- 
ritorial government  of  Oregon,  was  read  the  first  and  second  times 
by  unanimous  consent. 

Mr.  CLAYTON.— Mr.  President:  A  week  has  now  elapsed' 
since  the  Senate  passed  and  tent  to  tlio  House  of  Representatives 
a  bill  to  organize  territorial  governments  in  Oregon,  California, 
and  New  Mexico.  That  bill,  after  receiving  the  sup|>orl  of  three- 
fifths  of  the  members  of  this  body,  was  laid  upon  the  taldc  by  the 
other  House  without  reading  or  priming  it,  and  of  course,  I  fear, 
without  understanding  it.  .V  rule  exists  in  that  House,  in  conse- 
quence of  which  a  hill,  so  laid  on  the  table,  cannot  be  reached 
again  during  the  session  but  by  the  consent  of  two-thirds  of  the 
members.  The  vote  to  lay  on  the  table  was  therefore  a  decisive 
rejection  of  it;  and  that  rejection  was  not  only  without  discussion, 
but  without  consideration.  Cnsligat  uuditque.  The  result  ha-s 
been,  that  some  of  those  who  condemned  without  hearing,  have 
since  found  it  necessary  to  allay  the  murmurs  of  the  public  by  de. 
bating  the  bill  alter  they  had  destroyed  it — with  what  effect  we  shall 
hereafter  learn. 

The  House  has  now  sent  a  territorial  bill  lo  the  Senate.  Sir,  I 
trust  we  shall  not  imitate  their  example.  Wo  owe  it  to  our  own 
self-respect,  and  to  the  high  character  which  this  body  has  main- 
tained, to  take  no  course  which  shall  prevent  a  free  discussion  be. 
fore  voting  on  the  merits  of  this  measure,  which,  in  the  rightful 
exercise  of  their  constitiitioinl  authority,  a  co-ordinate  branch  of 
the  legislature  has  presented  for  our  concurrence.  Let  our  act  ion 
on  their  bill  be  deliberate  and  well  coasidered.  Retaliation  would 
he  unworthy  of  us.  Let  us  hereafter  resort  lo  no  wretched  excuse 
for  the  vote  we  shall  give  upon  it,  that  we  have  merely  read  some, 
thing  about  their  bill  in  the  newspapers,  or  that  some  of  us  have 
heard  some  part  of  their  debates  while  it  was  before  them.  To 
the  end  that  it  may  receive  that  calm,  dispassionate,  and  respect- 
ful consideration  to  which  any  measure  coming  from  the  other 
House  is  entitled.  I  will,  before  I  sit  down,  move  the  reference  of 
the  bill  from  that  House  to  the  appropriate  committee. 

I  have  hitherto  had  no  opportunity  to  express  my  sentiments  at 
large  on  that  great  moasurc  which  obtained  a  majority  so  trium- 
phant in  this  body,  and  was  so  summarily  disposed  of  in  the  other 
House.  I  desired  such  an  opportunity;  but  it  was  impossible  for 
me  to  avail  myself  of  any  occasion  to  speak  during  the  protracled 
debate  in  the  Senate,  lasting  through  several  days  and  one  whole 
night,  and  closing  alter  one  uninterrupted  session  of  twenly-fcmr 
hours,  unless  I  had  corae  lo  the  conclusion  that  the  speedy  passage 
of  the  bill  was  less  important  than  a  speech  delivered  by  mc  to  ex- 
plain it.  Although  I  heard  this  measure  traduced,  ana  its  purpo- 
ses and  objects  shamefully  misrepresented — although,  indeed,  I 
was  under  a  pledge  to  submit,  at  the  close  of  the  discussion,  such 
remarks  as  would,  I  thought,  justify  this  bill  of  peace  in  the  eyes 
of  the  world,  yet  when  fanaticism  and  party  spirit  had  exhausted 
their  violence,  such  was  my  confidence  in  the  intelligence  of  the 
public,  that  I  sat  in  silence,  under  all  the  attacks  made  upon  the 
bill,  rather  than  dehiy  its  passage  by  debate.  From  ihe  period  of 
its  passage  to  this  moment,  no  appropriate  occasion  has  been  of- 
fered to  discuss  it.  I  would  rather  at  any  time  be  "checked  (or 
silence  than  tasked  for  speech;"  but  I  now  hold  it  to  be  a  duiy  to 
disabuse  the  public  mind,  and  expose  the  calumnies  nf  the  ene- 
mies of  that  metisure. 

The  misrepresentation  of  that  bill  originated  with  men  who 
had  party  objects  to  accomplish.  The  patriotic  Senator  from  In- 
diana near  nie  [Mr.  Hannegan,]  admits,  that  he  has  been  urged 
to  vote  against  the  bill,  because  the  passage  of  it  would  injure 
the  election  of  General  Cass.  Oihers  tell  me  that  it  will  endan- 
ger the  success  of  General  Taylor.  If  I  understand  the  charac- 
ter of  these  distinguished  citizens,  both  of  them  would  reject, 
with  scorn  and  contempt,  any  proposition  to  defeat  a  measure 
whose  object  is  to  restore  peace  to  a  distracted  country,  on  the 
ground  that  such  a  defeat  was  necessary  to  his  own  elevation.— 
Party  politics  not  less  than  sectional  fanaticism,  or  the  desire  of 
disunion  and  civil  strife,  have  given  rise  to  the  misrepresentations 
and  calumnies  against  this  bill.  At  the  same  time  that  I  say  this. 
I  admit,  that  manv  honest  men,  through  misapprehension,  have 
opposed  it.  Some  iiave  said  that  the  object  of  it  was  to  introdnce 
slaverv  into  the  Territories  of  the  United  States,  south  of  the  par- 
allel of  -12  degrees,  which  is  the  southern  boundary  of  Oregon  ; 
while  others  with  equal  confidence  have  declared  that  object  to  be, 
to  prevent  the  citizens  of  the  slave  States  from  enjoying  a  consti- 
tutional right  to  carry  their  property  into  those  territories. 


992 


THE  OREGON  BILL. 


[Thuksday, 


Sir,  we  have  seen  that  the  most  opposite  doctrines  and  opinions 
have  been'asserted,  to  suit  different  latitudes.  Wlierever  it  was 
supposed  the  greatest  injury  could  be  inflicted  upon  this  bill  and 
its  friends,  by  representing  it  as  a  southern  measure,  its  purposes 
have  been  stated  to  be,  to  extend  the  area  of  slavery,  and  to  con- 
vert free  into  slave  territory.  Wherever,  on  the  other  hand,  the 
ri^lils  of  the  South  were  held  most  sacred,  and  the  southern  chum 
to  equal  ]iarlicipation  in  the  territory  acquired  by  the  coiiimou 
blood  and  treasure  is  most  popular,  the  bill  has  been  represented 
as  surrendering  the  ri<;bts  of  the  South,  without  an  adequate  con- 
sideration. Letter-writers,  stiinulated  sometimes  by  party  feclinj^, 
and  sumctimes  by  less  excusabe  motives,  have  done  much  to  de- 
ceive the  public  mind,  and  defeat  this  salutary  measure.  By  the 
concurrence  of  all  these  co-operatin'r  influences,  geographical  par- 
ties have  have  been  formed  in  opposite  sections  of  the  United 
States,  whose  continued  existence  depends  on  the  defeat  of  the 
bill. 

These  parties,  more  dangerous  to  the  union  of  the  St.7vtes  than 
all  other  causes  combined,  so  directly  antagonize  with  the  princi- 
ples of  this  bill,  that  it  must  destroy  them,  or  they  must  destroy 
it.  The  best  possible  recommendation  of  it,  in  the  eye  of  a  true 
patriot,  may  be  found  in  their  settled  hatred  and  hostility  to  this 
.measure.  The  war  between  these  parties  and  the  bill  is  a  war  of 
extermination  ;  and  the  same  geographical  factions  will  be  equally 
implacable  against  any  other  proposition  to  tranquilize  the  coun- 
try, and  restore  fraternal  feeling  between  its  discordant  sections. 
They  have  falsely  represented  the  bill  to  be  a  compromise  of  prin- 
ciple, and  have  employed  the  cant  thnt  principle  cannot  be  com- 
promised, althougli  the  constitution  itself  was  but  a  comproinise 
of  principles,  and  the  result  of  mutual  concessions  between  the 
different  members  of  the  confederacy.  Thejr  existence  is  amidst 
the  elements  of  civil  strife  ;  and  to  reach  political  power,  which  is 
the  real  object  of  their  atnbition,  they  will  break  down  any  com- 
promise or  other  bill  of  peace,  if  it  do  not  break  them  down. — 
Against  these  factionisls  I  now  solemnly  invoke  the  admonitions 
in  the  Farewell  Address  of  the  Father  of  his  country  : 

■'  In  conu-ntpiating  tlie  oati^es  ^says  hi;)  wlitcli  may  disliirb  our  Union,  it  occurs, 
as  a  mailer  uf  serious  concern,  tlial  any  ground  sliuold  have  l)eeii  t'uruisiicd  for  ciiar- 
acterizin"  parlies  bv  geogra})liical  discriinuiations — Nortiiern  and  Snullieiii — .'Vllanltc 
anil  Western  ;  wtience  designing  men  may  endeavor  to  excite  a  belief  tlial  lliere  is  a 
real  dillerence  of  local  interests  and  views.  One  of  tile  fupcdimts  itf  jiartli  to  ac- 
ipiire  niflttenec  irithjti  pnTlieidor  di:>tricts,  is  to  mtsrtprcsttttthc  vpuiions  iind  aims 
of  othii-  di.^tricts.  Vou  cannot  shield  yourselves  'oo'mnch  against  the  jealousies 
and  heart  burnings  which  spring  from  these  misrepresentations  :  ihey  tend  lo  render 
alien  lo  each  oilier  those  who  ought  to  be  bound  together  liy  fraternal  atfecUon." 

He  afterwards  adds  : 

•'  I  have  already  intimated  to  you  the  danger  of  parties  in  the  State,  with  jiarlicu- 
lar  reference  to  the  founding  of  Ihein  on  ^coffraplticat  <tisc7'iimnatunts.'\ 

To  illustrate  the  influence  of  sectional  feeling  on  this  subject, 
let  me  advert  to  the  language  of  public  men  on  this  floor.  Shortly 
after  I  reported  this  bill,  the  Senator  from  Connecticut  near  me 
[Mr.  Baldwim]  came  to  me  and  said,  that  by  this  measure  the 
North  lost  every  thing  in  controversy.  The  words  were  scarcely 
out  of  his  mouth  before  the  Senator  from  Kentucky  [Mr.  Under- 
wood] came  up  and  observed,  that  by  this  bill  the  South  lost 
every  thing  she  claimed.  The  Senaior  from  Rhode  Island  [Mr. 
CL.\KKE]and  the  Senator  from  Ohio  [Mr.  Corwi,n]  have  made 
able  speeches  to  demonstrate  that  the  bill  gave  up  all  California 
and  New  Mexico  lo  slavery,  and  the  Senators  from  North  Caro- 
lina [Mr.  B.\dger]  and  Tennessee  [Mr.  Bell]  have  labored 
with  quite  equal  ability  for  six  hours,  lo  prove  that  it  completely 
excluded  slavery  from  every  inch  of  these  territories!  My  honora- 
ble friend  from  North  Carolina,  after  demonstrating,  as  lie  con- 
tends, that  the  South  has  no  constitutional  right  to  carry 
slaves  into  the  territories,  utterly  condemned  the  bill  because,  as 
he  said,  it  surrendered  all  the  rights  of  the  South.  Having  proved, 
to  bis  own  satisfaction,  in  a  speech  of  great  ability,  that  the 
South  had  [no  such  right  as  she  contended  for  during  many  years 
past,  he  concluded  that  he  would  not  a^rcc  to  submit  the  question 
to  the  court,  lest  she  should  be  dcleated.  I  would  be  graiilied  to 
learn  from  him  bow  he  makes  it  appear  that  his  seclion  has  (as 
he  declared)  surrendered  anything  by  this  bill,  if  she  had  nothing 
to  surrender.  But,  without  stopping  to  refute  their  respective  ar- 
guments, at  this  time,  I  will  ask  them  in  what  a  position  have 
they  placed  me,  and  themselves,  too,  if  all  they  say  be  true  ?  If 
the  North  and  South  have  both  lost  all  their  rights  by  the  bill, 
who  has  got  them?  Where  are  they  ?  It  is  time  for  the  honora- 
ble gentlemen  to  go  on  a  voyage  of  discovery  for  these  lost  rights, 
and  If  any  of  those  who  complain  of  their  loss  by  the  opeiation  of 
the  bill  should  come  back  satisflod  that  their  recovery  is  hopeless. 
It  will  only  be  a  proof  that  they  never  had  any  such  rights  as 
have  been  claimed  lor  their  respective  sections. 

Mr.  President,  these  antagonizing  opinions  are  no  doubt  hon- 
estly entertained  by  the  gentlemen  who  advanced  them,  but  they 
have  furnished  others— less  worthy  and  less  able  men — 'Witli 
those  opprobrious  epithets  which  have  been  applied  to  the  bill,  if 
not  to  those  who  proposed  it.  The  whole  vocabulary  of  abuse  has 
been  exhausted  by  some  who  stand  at  the  antipodes  on  this  great 
question,  to  cry  down  those  who  occu|iy  middle  ground,  and 
whose  dearest  wish  is  to  reconcile  them  to  each  other.  1  stand 
like  the  man  in  the  almanac,  as  a  target  for  arrows  from  all  the 
opposite  points  of  the  compass.  The  moment  the  bill  was  re- 
ported, and  before  its  merits  were  understood,  it  was  assailed  by 
a  storm  of  opposition  from  every  quarter  ; 

Una  Eurusque,  Nofusque  ruunt.  crtberque  procdiis  .\kricu3 
The  whole  select  committee  and  their   bill   were  assailed  for 


having  evaded  the  responsibility  which  belonged  to  Congress,  and 
delegated  its  power  to  the  Supreme  Court.  The  Senator  from 
Ohio  [Mr.  Corwin]  endorsed  this  charge.  By  the  Senators  from 
Tennessee  and  North  Carolina  the  bill  was  also  denounced  as 
evasive  and  delusive,  and  one  Senator  over  the  way  [Mr.  Niles] 
let  himself  down  so  low  as  to  proclaim  it  a  cowardly  measure. — 
It  is  true,  that  the  Senator  from  New  .Jersey,  [Mr.  Dayton]  who 
also  elequently  opposed  the  bill,  differed  with  these  gentlemen, 
and  asserted  that  the  bill  had  the  merit  of  being  a  bold,  fr.ink, 
and  manly  measure.  As  for  the  Senator  from  Connecticut,  [Mr. 
Niles,]  who  gave  a  easting  vote  in  this  body  for  the  resolution  an- 
nexing Texas,  and  bv  that  same  resolution  adopted  the  Missouri 
Compromise,  fastening  slavery  on  a  district  of  country  as  large  as 
twenty  of  the  State  he  represents,  I  commend  his  political  consis- 
tency to  the  especial  consideration  of  his  own  constituents.  The 
compromise  game  on  Texas  was  a  losing  one,  but  be  will  hardly 
be  able  to  hedge  enough  on  California  to  regain  their  favor. 

,The  whole  of  these  charges  against  the  bill  as  being  evasive, 
and  shunning  responsibility,  arise  out  of,  and  are  resolved  into  one 
single  misrepresentation,  which  I  will  proceed  to  ex]iose  and  piat 
to. shame.  The  misrepresentation  consists  in  this  single  declara- 
tion—that the  bill  delegates  and  refers  the  power  of  Congress  to 
decide  the  <|uestion  whether  slavery  shall  exist  in  the  Territories 
to  the  Supremo  Court  of  the  United  States.  Now  the  bill  dele- 
gates no  power  of  Congress  whatever.  It  simply  provides,  that 
a  writ  of  error  or  appeal  shall  be  had,  at  the  suit  of  either  party,- 
in  case  of  a  claim  of  (reedom  by  any  negro  in  either  California  or 
New  Mexico,  to  the  Supreme  Court.  Every  power  which  Con- 
gress ever  had  over  the  subject  is  reserved,  because  no  word  in 
the  bill  proposes  to  devolve  that  power  on  the  court  or  any  other 
tribunal.  The  power  of  Congress  over  the  subject  is  political  and 
legislative  ;  that  of  the  court  is  simply  judicial. 
The  great  question  to  settle  which  the  select  committee  was  raised 
in  the  Senate  was,  whether  the  citizens  of  the  siaveholding  States  of 
this  Union  have  a  constitutional  right  to  emigrate  to  the  territories, 
which  have  been  acquired  by  the  common  efforts  of  all  the  Stales, 
with  their  slaves.  The  South  atfirracd  this,  and  the  North  denied 
it.  On  this  question  the  debate  in  this  body  had  raged  for  weeks. 
\^-hen  I  made  a  motion  to  raise  a  committee  composed  of  equal 
numbers  from  both  sections  of  the  Union,  and  equal  numbers  from 
both  political  parties.  The  coinmittee,  after  exhausting  every 
other  effort  to  eU'ect  a  compromise  between  the  parties,  reported, 
by  a  majority  of  two-thirds,  this  bill  lo  extend  the  laws  over  the 
territories,  to  organize  a  government  eoinposed  of_a  governor. 
three  judges,  and  a  secretary,  for  California,  and  of  a  governor, 
and  secretary,  with  two  judges,  for  New  Mexico.  These  consti- 
tuted the  legislative  power  in  each,  upon  which  the  governor  had  no 
veto,  and  that  lerri.slature  was  restricted  so  as  to  be  unable  to 
pass  any  law  introducing  or  prohibiting  African  slavery  in  the  ter- 
ritories :  thus  leaving  that  question  not  to  the  appointees  of  the 
President  to  legislate  slavery  either  into  or  out  of  the  territories, 
but  confining  the  decision  of  the  question  of  slavery  in  the  terri- 
tories themselves  to  the  judicial  tribunals  there,  with  a.  perfectly 
secured  right  of  appeal,  in  all  eases,  from  their  decision  to  the 
Supreme  Court  of  the  United  States.  Thus,  both  the  master  and 
the  friend  of  the  slave  were  entitled  to  try  the  question  at  once 
before  the  common  arbiter  appointed  by  the  fathers  of  the  repub- 
lic to  settle  all  conflicting  questions  of  constitutional  law,  while 
Congress  retained  all  its  political  and  legislative  power  over  the 
whole  subject,  to  be  exercised  or  not.  as  to  its  own  wisdom  should 
seem  fit,  A  single  decision  of  the  court,  made  on  ihe  very  first 
case  presented  at  the  next  term,  would,  it  was  understood,  havo 
settled  the  question  debated  in  these  halls  for  years  past,  and  which 
we  all  know  never  can  be  settled  here. 

By  the  third  article  of  the  constitution,  the  judicial  power  of 
the  United  States  is  vested  in  the  Supreme  Court,  and  in  such  in- 
ferior courts  as  Congress  shall  establish,  and  is  extended  ''to  all 
eases  in  law  and  equity  arising  under  the  constitution."  The  ju- 
dicial power  being  thus  expressly  extended  to  this  question,  ano- 
ther clause  in  the  same  section  ik-clares  that  in  such  cases  "the 
Supreme  Court  shall  have  appellate  jurisdiction  both  as  to  law 
and  fact,  with  such  exceptions,  and  under  such  regulations,  as  the 
Congress  shall  make." 

At  the  moment,  then,  in  which  a  territorial  government  is  or- 
sjanized  in  the  territories  of  the  Unileil  States,  with  the  necessary 
inferior  tribunals,  the  appellate  jurisdiction  of  the  Supreme  Court 
is  ordained  by  the  constitution  itself  ;  and  the  oath  of  every  Sena- 
tor to  support  that  constitution,  binds  him  to  luake  the  regulations 
under  which  that  appellate  jurisdiction  shall  be  exercised,  unless 
it  can  bo  made  to  appear  that  the  question  forms  an  "exception" 
to  the  general  rule. 

Hence  a  preliminary  matter  to  be  decided  is,  whether  this  ques- 
tion ari-sing  under  the  constitution,  between  the  North  and  the 
South,  can,  with  any  propriety,  be  made  an  exception  to  the  go. 
ncral  rule.  If  it  can,  then  the  committee  which  reported  this  bill 
may  be  charged  with  having  attempted  to  devolve  upon  the  Su- 
preme Court  a  duty  which  does  not  properly  belong  to  it.  If  it 
cannot,  then  the  eommitlee  has  only  complied  with  the  constitu- 
tional requisition,  and  the  court  derives  its  )inwer  to  decide  the 
question,  not  .''rom  the  bill,  but  from  the  constitution,  which  is  the 
real  object  of  attack  of  all  the'geograpbieal  factionists  who  have 
vented  their  spleen  against  the  hill. 

Now,  that  such  a  constitutional  question  as  this  should  form  an 
exception  to  the  appellate  jurisdiction  of  fite  court  is  a  position 
which  the  most  harily  will  not  dare  assume.  It  is  a  question  on 
the  one  hand  affecting   the  rights  of  southern  men   lo  the  amount 


August  3.1 


THE  OREGON  BILL: 


993 


of  all  the  slav;e  property  they  could  send  into  the  territories,  and 
on  the  other  involving  the  great  issue  of  personal  liberty.  Nei- 
ther northern  nor  southern  men  will  pretend  for  one  moment  that 
this  great  qncstion,  which  threatens  to  shake  tho  pillars  of  our 
whole  political  edifice,  is  not  of  sufficient  importance  to  entitle  it 
to  a  decision  by  the  highest  tribunal  known  to  the  constitution. 
yo  question  ot  greater  importance  was  ever  before  siibrailted  to 
that  court. 

I  say,  therefore,  it  is  palpable  that  tho  bill,  so  much  vilified  and 
misreprcsenteil,  is  but  a  simple  compliance  wiih  our  oaths  to  sun- 
port  the  constitution,  which  commaiuls  us  to  make  the  rc-rulations 
under  which  the  Supreme  Court  shall  exercise  its  appellate  iuris- 
diclion  in  this  very  case.  Had  the  members  of  the  other  House 
given  themselves  time  to  renect,  it  is  quite  impossible  thev  could 
have  rejected  it,  because  the  judges  were,  by  the  regulations  of 
the  bill,  to  decide  a  judicial  question  which  tho  constitution  or- 
dained them  to  decide,  and  commanded  us  to  make  provision  to 
enablo  them  to  decide. 

T'no  Senator  from  Ohio,  [Mr.  Corivin,]  has,  in  the  face  of  this 
constitutional  requisition  upon  us  all,  (himself  included,)  objected 
that  the  court  is  an  improper  tribunal  lo  decide  the  question. 
What  right  has  he  or  any  other  man  lo  make  such  an  objection  ? 
If  the  constitution  has  not  ceased  to  be  obligatory  upon  him,  how 
does  he  reconcile  it  lo  his  duty  to  condemn  the  bill  on  such  a  pre- 
te.xt  as  that  ?_  "Oh  !  but,"  says  he,  -'five  of  the  judges  live  on  th« 
south  side  of  Mason  and  DJNon's  line,  and  therefore  they  will, 
though  very  honest  and  honorable  men,  decide — as  honorable  Sen- 
ators often  do  who  live  on  different  sides  of  that  line — in  favor  of 
their  own  section."  I  think  I  have  had  a  little  more  experience 
in  the  Senate  than  the  honorable  Senator  himself;  and  I  deny 
that  even  the  Senate,  which  is  a  political  and  legislative  body  is 
so  lUterly  lost  to  all  sense  of  shame  on  a  constitutional  question  as 
to  justify  the  aspersion  cast  upon  it.  The  views  of  constitutional 
law  expressed  on  this  very  bill  do  not  justify  it.  During  all  the 
debates  and  votes  on  the  bill,  the  gentleman  has  kept  rampany 
with  our  friends  from  North  Carolina,  Tennessee,  and  Kentucky, 
as  well  as  wilh  the  barnburners  and  ultra  anti-slavery  men  of  the 
North.  But  the  gentleman  knows  well  that  the  Supreme  Court 
is  not  a  political  body.  Its  functions  are  purely  judicial,  and  its 
character  for  purity  and  justice  is  immeasurably  more  exalted 
than  that  of  any  corresponding  tribunal  on  earth.  It  is  independ- 
ent of  popular  excitement  and  politioal  influences.  We  are  not. 
The  judges  hold  their  ofKces  for  life,  and  are,  and  ever  have  been, 
accustomed  justly  to  consider  their  elevated  |)laces  as  the  limit  of 
human  ambition.  The  position  of  a  member  of  Congress,  if  he 
bo  an  ambitions  man.  is  but  a  stepping-place  on  the  ladder  to 
higher  political  elevation.  That  of  the  judge  is  one  where  tho 
occupant,  if  a  man  of  sense  and  lit  for  his  position,  justly  con- 
ceives himself  as  having  sounded  all  the  shoals  and  depths  of  pro- 
fessional honor,  and  reached  the  point  where,  if  he  performs  his 
duty,  he  can  gain  more  lasting  fame  ihan  in  any  other  known  to 
the  constitution.  A  judge  of  the  Supreme  Court  of  the  United 
States  can  reach  no  higher  station.  Tho  incentives  to  honorable 
fame,  professional  pride,  and  the  sense  of  justice  without  which 
no  mail  could  reach  so  elevated  a  position,  combine  with  all  the 
sanctions  of  the  judicial  oath,  to  give  us  assurance  that  a  judge 
■will  not  expose  himself  to  the  degrading  charge  of  being  influenced 
in  his  decision  by  political,  sectional,  or  corrupt  considerations, 
knowing,  as  he  must,  that  his  every  wond  and  action  will  bo 
watched,  and  critically  as  well  as  fearlessly  scanned,  by  men  of 
his  own  profession  both  at  the  bar  and  on  the  bench.  Senators 
are  but  the  representatives  of  their  respective  States.  The  judges 
are  the  representatives  of  (he  judicial  j^ower  of  the  whole  na- 
tiun.  The  sectional  feelings  which  will  often  influence  the  action 
of  the  former,  can  never  enter  into  the  bosom  of  a  judge  without  dis- 
graemg  him.  Senators  are  often  governed  by  legislative  and  par- 
ty instructions,  which,  if  permitted  to  control  tho  judgment  of  a 
justice  of  the  Supremo  Court,  would  shock  the  moral  sense  of  the 
whole  nation,  and  inevitably  result  in  his  impeachment,  or  con- 
sign him  to  perpetual  infamy.  Troe  it  is,  as  has  been  said,  that 
many  Senators  are  able  men  ;  but  I  have  yet  to  learn  that  any 
Senator  on  this  floor  is  now  as  able  to  decide  a  question  of  consti- 
tutional law  as  the  same  man  would  be  after  the  experience  of 
years  on  the  Supreme  bench.  The  members  of  Congress  will  le- 
gislate better  than  the  judges,  but  the  latter  will  quite  as  far  ex- 
ceed the  former  in  the  exercise  of  the  peculiar  functions  intrusted 
to  them  by  the  constitution  ,  and  in  accordance  with  this  belief, 
the  bill,  while  it  leaves  the  legislative  power  over  the  question  of 
slavery  in  the  territories  in  Congress,  so  far  as  the  constitution 
has  conferred  it,  also  leaves  the  judicial  power  over  the  same  ques- 
tion in  the  court,  to  which  it  was  given  by  the  same  sacred  instru- 
ment. 

The  objection  that  five  of  the  nine  judges  reside  south  of  Mason 
and  Dixon's  line  is  unworthy  of  a  statesman.  It  is  not  denied  that 
a  man  may  be  as  honest  if  he  live  on  the  one  side  of  the  line  as  if 
he  lived  on  the  other.  But  as  the  court  consists  of  nine  judges, 
either  the  South  or  the  North  must  have  the  odd  one.  The  objec- 
tion, therefore,  goes  to  the  constitution  and  the  orgnnic  law  which 
established  the  tribunal  ;  and  if  it  liavo  any  force  whatever,  it 
proves  that  our  government  is  a  failure.  It  arraigns  the  fathers 
of  tho  republic  who  built  up  our  institutions  ;  proclaims  those  in- 
stitutions to  be  unfit  for  the  purposes  of  civil  administration  ;  and 
condemns  our  experiment  at  self-government  as  a  monument  ol 
the  lolly  of  our  ancestors.  The  man  who  can  in  his  heart  believe 
ihat  five  judges  would  decide  this  question  on  sectional  grounds, 
must  be   prepared   lo   pronounce  them   corrupt   and  unworthy  of 

30th  Cong.— 1st  Session— No.  125. 


their  stations  y  an  opinluu  justified  by  no  event  of  their  past  lives — 
by  nothing  in  the  past  history  of  the  court  itself— and  by  nothing, 
I  am  proud  to  say.  In  tho  annals  of  American  jurisprudence. 

The  honorable  Senator  from  Tennessee  [Mr.  Bell]  opposed 
this  bill  on  the  ground  that  the  court  was  the  weakest  of  the  ihreo 
co-ordinate  branches  of  tho  government — too  weak,  ho  said,  to 
command  obedience,  or  to  settle  such  a  question — and  he  drew  the 
inference,  that  tho  decision  of  it  before  a  tribunal  so  feeble  might 
break  down  the  court,  while  it  would  fail  to  satisfy  the  public 
mind.  If  by  the  declaration  that  tho  court  is  the  weakest  of  all 
the  branches  of  our  government  he  means  that  it  has  less  patron- 
age and  political  power  than  the  others,  I  concur  with  him.  Bui 
for  that  very  reason  it  is  strongest  in  the  confidence  and  alTeciions 
of  tho  people.  They  believe  that  tho  members  of  the  court  can 
have  no  motive  powerful  enough  lo  induce  them  to  disgrace  them- 
selves by  injustice.  They  arc  yet,  thank  God.  a  law-abiding  peo- 
ple, and  they  know  that  when  they  cease  to  be  so,  ihcy  will  ceass 
to  be  freemen.  Tho  citizens  of  the  United  States,  at  this  moment, 
repose  more  confidence  in  one  solemn  adjudication  made  by  that 
court  upon  a  question  of  constitutional  law  than  in  twenty  decis- 
ions  made  by  Congress  on  the  same  subject.  The  Senator  from 
Ohio  pointed  us  to  the  opinion  of  the  court  sustaining  the  consti- 
tutionality of  the  charter  of  tho  Bank  of  the  United  Stales,  an9 
with  an  air  of  triumph,  told  us  the  people  had  reversed  the  decis- 
ion. Indeed,  sir!  When  and  how  did  the  people  ever  manifest  a 
want  of  confidence  in  that  decision  ?  Never  '. — nowhere  '■  They 
sustained  a  President  who,  while  a  popular  favorite  on  other 
grounds,  vetoed  a  bank  charter  against  which  every  argument  that 
could  be  drawn  from  expediency  was  adduced  ;  and  there  were  a 
few  imliticians  who  asserted  its  unconstitutionality.  But  no  man 
is  justified  in  saying  that  tho  people  underlouk  to  decide  the  con- 
stitutional question  or  manifested  any  want  of  confidence  In  the 
court.  The  people  decided  a  political,  not  a  judicial  question. 
At  this  moment,  although  men  may  and  do  differ  about  the  expe- 
diency of  a  national  bank,  no  one  deserving  the  name  of  a  const! 
tutional  lawyer  would  overrule  ihe  court's  decision  ;  and  the  name 
of  John  Marshall,  who  pronounced  it,  stands  as  high  in  the  grate 
ful  and  alfeotionate  remembrance  of  every  true  American,  as  those 
of  Hale,  and  Hardwieke,  and  Mansfield,  in  the  afTections  of  an 
Englishman. 

The  Senator  from  Tennessee,  as  well  as  others,  inquired  of  nie 
how  this  bill  could  settle  the  controvcrsT  between  the  slaveholding 
and  non-slaveholding  sections  of  the  Union.  I  answer,  precisely 
in  the  same  quiet  mode  by  which  the  court,  in  the  last  resort,  pro. 
vidcd  by  the  constitution,  has  decided  a  thousand  other  question! 
which  have  arisen  between  the  people  of  ditl'erent  States  and  sec- 
tions of  the  Union.  It  is  the  greatest  glory,  the  proudest  boast  of 
our  eontrymen,  ihat  they  arc  governed  only  by  law — and  that  law 
made  by  their  own  servants,  and  interpreted  by  men  selected  bv 
themselves  or  their  own  agents.  They  bow  to  the  majesty  of  the 
law  in  deference  to  themselves.  Their  own  self-respect  teaches 
them  to  obey  tho  edicts  promulgated  by  their  authority,  or  that  of 
their  fathers.  For  this  reason,  the  true  Aracriaan  is  a  more  law- 
abiding  being  than  the  citizen  of  any  other  nation  on  earth.  Tho 
inscription  on  the  monument  of  the  Spartans  who  fell  at  Thermo- 
pylee  was,  "Go,  stranger,  and  tell  the  Lacedaemonians  that  we 
lie  here  in  obedience  lo  the  laws."  Obedience  to  the  laws  is  the 
cognate  spirit,  if  not  the  essential  characteristic,  of  rational  civil 
liberty.  Resistance  to  tj-ranny  is  the  result  of  the  same  love  of 
freedom  which  dictatl;s  submission  to  the  civil  magistrate  of  our 
own  choice  ;  and  every  truly  free  people  on  earth  have  been  dis- 
linguiscd  for  their  deference  and  respect  to  the  judgments  of  theii 
own  tribunals.  When  we  shall  so  far  degenerate  from  the  spirii 
of  genuine  civil  liberty  as  to  despise  and  trample  under  foot  the 
solemn  tieorees  of  the  great  jndicial  arbiter  appointed  by  the  re- 
publicans of  the  olden  time  to  decide  our  controversies,  alia)"  our 
heartburnings,  and  restore  fraternal  feeling  among  the  contending 
geographical  divisions  of  our  common  country,  we  shall  cease  to 
respect  the  memories  of  our  forefathers,  and  to  honor  our  own 
truth. 

This  bill,  sir,  commends  itself  lo  our  sense  of  justice.  It  is 
founded  on  principle.  Unlike  the  celebrated  Missouri  compromise 
of  1820,  which  arbitrarily  established  a  geographical  lino  so  much 
dreaded  by  Mr.  Jefferson,  and  the  only  merit  of  which  was  that  it 
was  the  result  of  mutual  concession  and  forbearance,  this  bill  con- 
cedes no  right  of  either  party  and  compromises  no  principle.  If 
it  be  true  that  the  lerrilory  is  free  from  African  slavery  by  thu 
laws  of  Mexico,  as  the  North  contends,  tho  court  is  to  decide 
whether  the  extension  of  our  laws  and  constitution  over  that  ter- 
ritory will  justify  the  claim  of  the  South — that  her  citizens  have  a 
right  to  remove  there  with  their  property,  including  slaves.  If 
slavery  does  now  exist  in  the  territories  in  spile  of  the  decree  of 
Guerrero,  the  Mexican  dictator,  of  the  15th  of  September,  1829, 
and  the  law  of  the  Mexican  Congress  of  5lh  April,  1837,  as  some- 
body from  the  North,  anxious  lo  prejudice  tho  bill  with  his  con- 
stituents, has  pretended,  then  the  question  will  be,  do  the  consti- 
tution and  existing  laws  of  the  United  States  abolish  it  ?  The 
disquisitions  of  certain  learned  Thebans,  both  in  the  northern  and 
southern  press,  on  tho  facts  and  tho  laws  to  be  settled  by  the  Su- 
preme Court ,  are  enough  to  amuse  and  excite  the  laughter  of  such 
as  shall  hereafter  venture  to  compare  them.  The  northern  burn, 
burner  and  abolitionist  on  the  one  hand,  and  the  southern  ultra  ad- 
vocate of  slavery  on  the  other,  alike  contend  that  the  rights  of  their 
respective  sections  will  be  sacrificed  by  the  court  under  the  opera- 
tion of  the  bill.  A  writer  in  a  southern  paper,  now  in  my  hand, 
thinks  he  has  found  a  very   glaring  defect  in  the  bill,  because  it 


994 


THE  OREGON  BILL. 


TThursday, 


does  not  allow  tho  master  of  a  slave  ilio  benefit  of  an  appeal. — 
The  Senator  lioni  Ohio,  [Mr.  CobwinJ  and  other  nonliern  Ken- 
alors,  have  stoutly  maintained  that  while  the  master  hail  that 
l"-nelit,  tho  slave  was  denied  it.  My  friend  from  Vermont,  [Mr. 
Phelps,]  in  his  able  and  conclusive  argument  for  the  bill,  euin- 
plclcly  refuted  all  these  opinions.  But  the  friends  of  the  bill  were 
not  conlenl  Willi  that.  They  insisted  that  genileuuMi  upiiused  lo 
it  shiailil  perfect  it  themselves  in  ihis  respect.  Coii.scious  tluii  the 
bill  was  liable  lo  none  of  tlieir  objections  ill  this  particular,  I  re- 
solved that  not  a  shadow  of  a  pretext  of  this  kind  should  reuiiiiu 
to  its  enemies,  and  therefore  the  bill,  witn  my  aid  and  the  consent 
of  ils  friends,  has  been  so  amended  that  its  worst  enemies  now 
agree,  that  it  is  perfect,  in  siviiiy-  the  appeal  and  writ  of  error  in 
every  possible  case  where  the  question  of  slavery  can  arise  with- 
out ielereiiee  to  the  value  or  amount  in  controversy,  and  in  every 
case  where  a  local  judge  could  decide  either  way ,  even  on  a  habeas 
corpus.  Throwing  out  of  view  the  cavils,  pleas  in  abatement,  and 
special  ilemurrer.-?  of  technical  gentlemen,  and  the  exiravagaiit 
follies  ol  the  enthusiast  and  men  of  a  single  idea,  whether  north- 
crn  or  st.utbern,  ihe  measiuc,  as  it  piissed  the  Senate,  must  com- 
mend itself  to  every  patriot,  because  it  would  have  removed  one  of 
the  greatest  and  most  dangerous  elements  of  discord  between  the 
opposite  sections  of  oiircountry. 

1  confess  I  have  been  surprised  by  ihc  expectations  which  seem 
to  be  cherished  by  a  few  southern  gentlemen  in  Congress  fjr  whom 
I  have  great  respect.  They  endeavor  to  prove  that  the  southern 
claim,  lounded  on  tho  eonstilution,  is  unsound,  and  Un  that  reason 
resolve  thai  they  vvill  not  submit  to  a  decision  at  law  upon  it. — 
But  abandoning  that,  do  they  not  clearly  perceive  that  they  aban- 
don everything  ?  l''or,  does  any  man  expect  ibat  from  iliis  time 
forth  to  the  end  of  the  rcfiublic,  the  North  will  ever  again  consent 
to  cxiend  slavery  by  act  of  Congress  into  any  free  territory,  and 
thus  increase  that  alleged  ineipwlily  of  representation  in  the  other 
House,  arising  out  of  the  enumeration  of  three-fifths  of  the  slaves 
in  the  a|)porlioiiment  of  its  members,  w-liich  lias  ever  been  the 
fiiundation  of  their  most  hitter  complaint?  Try  that  question 
when  you  may  in  that  House,  an  overwhelming  majority  will  ever 
appear  against  such  an  extension.  1  never  have  voted  for  such  an 
aet  of  Congress,  because,  in  my  deliberate  judgment,  it  would  lie 
wrong,  and  never  could  be  justilied  except  as  a  measure  to  be  re- 
sorted to  in  an  extreme  ease  involving  the  very  existence  of  the 
Union.  I  am  no  advocate  of  slavery  or  of  its  extension.  The 
spirit  of  the  age  in  this  eoiiniry,  as  well  as  in  Europe,  is  against 
such  extension.  Like  my  friend  Irom  Maryland,  [Mr.  Johnson.] 
i  hold  no  slaves,  and  I  lully  concur  in  tiie  i>pmion  which  he  ex- 
pressed a  year  ago,  that  slavery  is  a  moral,  social,  anil  polilieal 
evil,  to  be  removed,  however,  only  by  those  who  arc  iiimicdiately 
interested  in  it.  These  are  the  deliberate  opinions  of  thousands 
and  tens  of  thousands  in  Maryloiid,  Delaware,  Virginia,  and  Ken- 
tueky — all  slavcholding  States — who  would  at  the  same  time  in- 
stantly resent  any  interference  from  other  quarters  with  the  ques- 
tion ol  slavery  in  the  States.  Opinions  go  far  beyond  ours  in  the  non- 
slaveholding  States.  They  viewslavery  as  an  ineradicable  curse,  and 
will  never  consent,  in  any  event,  to  its  extension,  unless  where  the 
eonsliuition  carries  it.  The  votes  and  speeches  of  norlhern  gentle- 
men but  faintly  prefigure  their  future  course  on  this  subject.  When 
they  return  ne.\t  session,  reeking  from  the  political  ctintrovcrsy  on 
this  very  question,  does  the  Senator  from  North  Carolina  expect  them 
to  reverse  their  votes,  and  grant  him  more  than  they  will  at  this 
time?  They  know  their  strength.  With  forty  majority  now  in 
the  other  House,  and,  after  another  census,  with  a  majority  of 
double  that  number,  or  even  more,  tloes  any  rational  lium.in  being 
expect  them  ever  to  vote  themselves  out  ol  any  asserted  rights  to 
equality  of  representation,  which  they  have  the  power  to  enforce  ? 

Sir,  i  have  told  the  Senate  on  a  former  occasion,  that  no  Mis- 
souri compromise,  or  other  arrangement  yielding  an  inch  of  terri- 
tory to  slavery,  would,  or  could,  receive  the  assent  of  the  other 
House.  With  full  knowledge  of  the  subject  I  undertook  to  deal 
with,  I  said  to  soulhern  gentlemen  that  the  bill  I  rcporled,  to  give 
them  a  trial  ol  their  claim  under  the  constitution,  w-as  all  they 
ever  could  expect  from  this  time  forth;  and  I  have  grieved  to  find 
that  any  of  my  southern  friends  slood  ready  to  defeat  it.  I  anx- 
iously hope  that ,  upon  further  rellection,  they  will  view  this  sub- 
ject in  a  ditrerent  light. 

Sir,  it  is  time  the  South  understood  her  true  jiosilion.  She  can 
no  longer  control  this  question.  He  who  siqiposes  that  a  threat  of 
disunion  will  alarm  the  violent  men  of  the  North,  labors  under  a 
great  mistake.  To  them  disunion  has  no  terrors.  Nay,  I  believe 
some  of  them  desire  it,  and  jiray  fm-  it  as  a  consummation  devoutly 
to  be  v\'ished.  The  political  agitators,  in  truth,  desire  no  settle- 
ment of  the  question  on  any  terms,  and  if  the  Soutli  slnnild  push  her 
claim  lieyond  her  constitutional  rights,  the  dissolution  of  the  Unicni 
will  inevitably  follow-  before  the  North  will  surrender.  On  thi^ 
enforcement  of  that  constitulioiial  right,  we,  of  the  middle  States, 
will  stand  by  the  South.  Kvery  true  patriot  and  sincere  friend  of 
hi.s  country  in  the  North,  when  he  understands  the  true  ipiestien 
submitted  by  this  bill,  will,  as  the  able  Senator  from  Vermont, 
[Mr.  PiiEi-rs,]  has  done,  stand  bytlic  South  on  that  issue.  The 
course  of  that  Senator  will,  before  a  year  elapses,  be  approved  by 
the  whole  reflecting  community  in  the  North,  and  it  will  receive 
the  approbation  of  all  good  men  in  ages  yet  to  come.  'I'lic  people 
still  love  the  constitution  and  tho  institutions  of  their  lorefalhers; 
and  no  man  m  the  North  can  win  laurels,  that  vvill  not  speedily 
wither,  by  disparaging  their  labors  or  desecrating  their  graves. 
Tho  cry  against  compromise  to  save  the  Union,  is  destined 
to  bo  short-lived.     The  people  know   that  when  Washington  sub- 


mitted the  constitution  to  Congress,  he  reminded  them  that  indi' 
viduals  entering  into  society  "  must  give  up  a  share  of  liberty  to 
preserve  tho  rest ;"  that  the  "  greatest  interest  of  every  true 
American  was  the  consolidation  of  the  Union;"  and  that  the  con- 
stitution itself  was  but  "  the  result  of  a  spirit  of  amity  and  of  mu- 
tual deference  and  concession,  rendered  indispensable  by  our  con- 
diiion." 

That  same  spirit,  that  mutual  delerence  and  concession,  are 
again  rendered  indispensable  by  our  condition.  We  are  now  about 
lo  apply  the  constitution  to  a  region  larger  than  the  old  thirteen 
States  were  when  the  Union  was  formed.  Under  such  circum- 
stances, when  1  bear  a  man  set  up  for  liimsell  a  higher  standard 
of  morality  nnd  virtue  than  that  of  the  fathers  of  the  republic,  and 
say  that  he  can  agree  to  no  compromise — or,  to  use  llie  cant  of  the 
time,  that  principles  cannot  bo  compromised — I  think  of  the  poet's 
exeliiination,  *'  Oh  !  for  a  forty. parson  power  lo  ehaunl  thy  praise. 
Hypocrisy  !"  Not  a  man  came  out  of  the  convention  that  framed 
the  eonstilution  who  bad  not  objections  lo  some  part  of  it  It  w-as 
a  compromise;  and  the  same  feeling  which  governed  in  its  forma- 
tion is,  and  evM-  will  be,  indispensable  to  its  preservation.  His- 
tory has  done  jiistiee  to  die  motives  and  measures  of  those  who 
made  the  Union;  and  will  do  justice  to  those  who  have  sustained 
Ihis  attempt  to  transmit  it  unimpaired  to  future  generations. 

As  to  so  much  of  the  bill  as  organizes  a  territorial-government 
^  ill  Oregon,  it  is  in  truth  no  matter  of  real  controversy  between  the 
ditlercnt  sections  of  the  country.  All  men,  northern  and  southern, 
agree  that  Oregon — containing,  by  the  olTicial  estimate  of  the  Land 
Commissioner,  ^41,403  sciuarc  miles,  or  218,336,320  acres,  equal 
in  area  to  seven  such  States  as  New  York — is,  by  her  present  laws, 
and  ought  to  remain,  free  from  slavery.  There  is  no  pretext  set 
up  by  any  man  that  ihis  territory  ever  can,  by  any  possibiliiy,  be 
slave  territory.  No  soutiierii  man  has  has  asked  or  desired  it. 
Slave  labor  couKI  not  there  compete  with  free  labor.  But,  gen- 
tlemen who  had  all  their  lives  denied  the  constitutional  j>ower  of 
Congress  to  e.Kclude  slavery  from  a  territory,  while  conceding  this, 
respectfully  asked  of  their  friends  not  to  put  a  clause  in  the  or- 
ganic law  for  that  territory,  expressly  excluding  slavery  from  it, 
and  ihereby  prevent  them  from  voting  lor  the  bill.  The  only  cora- 
promi?-e  in  the  bill  was  on  this  single  point.  It  was  agreed  that 
this  lerrilory  should  be  organized  by  the  appointment  of  a  gover- 
nor, three  judges,  a  secretary,  and  a  legislature  to  be  elected  by 
the  free  white  male  citizens  of  the  territory.  These  people  were 
deemed  lu'cpared  for  self-government,  while  those  of  California 
and  New  Mexico  were  lo  be  governed,  in  their  territorial  state, 
by  a  legislature  composed,  as  1  have  stated,  of  the  governor, 
judges,  and  a  secretary,  or  very  much  as  the  Northwestern  Ter- 
ritory was  organized  by  the  ordinance  of  1787.  The  compromise 
was  simply  this.  The  present  laws  prohibiting  slavery  were,  by 
the  12lh  section  of  the  bill,  to  stand  till  the  lirst  session  of  the  le- 
gislature of  Oregon,  and  three  months  alter.  That  legislature 
was,  by  the  6ih  section  of  the  bi'l,  to  have  power  to  pass  all  laws 
in  general  which  were  necessary  or  proper  for  the  government  of 
the  territory,  not  inconsistent  w-ith  the  constitution  or  the  organic 
law  itself.  Of  course  we  all  knew  the  people  of  the  territory, 
who  are  opposed  to  slavery,  would,  through  their  legislature,  con- 
tinue the  restriction;  and,  to  enable  them  fully  to  exercise  their 
legislative  power  in  this  respect,  the  bill  continued  the  exislinc  re- 
striction three  months  beyond  their  first  session.  Those  who  de- 
nied the  power  to  legislate  (either  in  Congress  or  in  the  territorial 
legislature)  to  prohibit  slavery,  could  vote  for  this  proposition,  be- 
cause the  validity  of  any  act  of  tho  territorial  legislalure  depended 
on  its  constitutionality;  and,  upon  the  question,  wUether  such  an 
aet  could  constitutionally  aliolish  or  restrict  the  institution  of  sla- 
very, lliey  did  not  commit  themselves  by  voting  for  the  bill.  The 
southein  concession,  therefore,  was  only  this:  that  the  present 
laws  of  Oregon  should  remain  in  force  till  a  rea.souahle  lime  after 
the  territorial  legislature  could  act;  tho  northern  concession  was, 
that  the  local  legislature,  instead  of  Congress,  should  make  the 
law.  The  former  would — the  latter  never  could  do  it.  This 
made  the  only  compromise  contained  in  the  bill;  (or  I  do  not  call 
the  couiplianee  with  ihc  constitution,  in  making  the  regulations  to 
enable  parties  in  Calilornia  and  New-  Mexico  to  cariy  a  ease  to 
thi  appellatte  court  a  compromise,  as  it  does  not  include  any  con- 
cession by  either  parly  to  the  other;  it  meiely  acknowledges  a 
constitutional  duty,  and  enforces  a  constitutional  right. 

The  Senator  from  New  York  [Mr.  Hix]  in  the  course  of  a  long 
and  ingenious  speech  against  tlie  bill,  found  fault  with  a  remark 
made  by  mo  at  the  time  I  repm-ted  it,  that  by  far  the  greatest 
portion  of  all  these  territories  was  properly  adapted  to  free  la- 
bor, antl  would  necessarily  be  free  soil  forever  ;  yet  that  there  w-as 
a  portion  of  them  where  Iree  labor  never  could  be  introduced.  He 
thinks  slavery  can  compete  with  free  labor  any  where.  I  have 
iioi  ipiite  so  high  an  opinion  of  it.  The  gontleinan  has  no  practi- 
cal knowledge  on  the  subject.  1  spe.ik  from  my  own  observalion, 
and  say,  that  in  the  beautiful  country  where  I  reside,  although 
slavery  is  legalized  and  protee'ed,  there  are  but  about  one  hun- 
dred slaves  in  a  population  of  about  forty  thousand  souls,  because 
free  labor  is  more  profitable.  The  gentleman,  like  most  others 
from  his  own  section,  w  ho  know  little  of  slavery,  except  from  books 
and  the  speculations  of  persons  enterlaing  northern  o|>inions,  thinks 
free  labor  can  compete  with  slave  labor  on  a  rice  )ihuilation,  in  a 
sugar  mill,  or  in  a  cotton  field.  He  sits  now  in  the  midst  of  men 
Irom  ihc  soulhern  States,  and  if  he  will  ask  any  one  of  them,  they 
will  icll  him  that  his  opinions  are  entirely  erroneous  and  vision- 
ary. It  was  because  1  know  that  portions  of  New  Mexico  and 
California,  including  the  land  of  tho  "root  diggers,''  and  tbo  parts 


I 


August  2.| 


THE  OREGON  BILL. 


995 


where  the  rains  of  lieaven  for  months  together  do  not  bless  tho 
parched  soil,  and  where  irrigation  furnishes  tho  only  means  of  wa- 
tering  the  productions  of  the  earth,  never  would  he  cultivated  by 
white  labor,  that  I  expressed  the  sentiment  to  which  the  (jentlc- 
man  took  exception.  Tho  Senator  from  Massachusetts^  [Mr. 
Webster]  in  a  late  speech  on  the  Mexican  treaty,  declared  his 
opinion  at  great  length,  tliat  the  northern  laborer  would  never 
settle  in  these  portions  of  that  country  ;  and  if  tho  gentleman  will 
make  the  imiuiry,  he  will  find  that  in  the  pasloral  and  grazing 
portions  of  California  slave  labor  could  not  be  advantageously  cnT- 
ployed,  because  the  slaves  sent  to  tend  the  herds  would  be  les,s 
apt  lo  return  to  their  master  than  the  iierds  themselves.  Climate 
and  production  will  sometimes  make  the  laws  which  are  to  rc"u- 
laie  the  character  of  the  labor  to  be  employed  in  despite  of  us?— 
The  genileman  thinks  he  can  legislate  free  labor  into  any  part  of 
the  earth.  I  crave  to  know  of  him,  then,  why  it  was  that  he  did 
not  legislate  it  into  all  that   vast   region  of  Texas  lying  south  of 

3(5°  30'?     Did  not  the  Senator  give  a  vote — aye,  a  castin"  vole 

in  favor  of  ibc  resolution  which  annexed  Texas  to  the  Union  in 
1845  ? 

[Mr.  DIX,  in  his  seat,  assented.] 

Mr.  CLAYTON.— The  gentleman  admits  that  he  did.  By  his 
vote  a  territory  extending,  according  to  his  construction  of  its 
boundaries,  from  the  Sabine  to  the  Bravo,  and  from  SO"  30'  to  llic 
Gulf,  (larger  than  six  of  his  own  great  State)  was  made  slave  ter- 
ritory forever.  The  resolution  annexing  Texas  contained  the 
Missouri  compromise  in  the  very  form  which  is  now  most  obiec- 
tionable  lo  niulliern  men.  Yet  he  not  only  voted  for  il,  but  made 
an  able  speech  lor  it,  only  lliree  years  ago!  If  he  could  apjily  the 
compromise  line  there,  why  is  he  now  so  strenuous  against  the 
.same  or  any  other  compromise  line?  Then,  the  gentleman,  like 
his  friend  from  Connecticut,  [Mr.  Niles]  could  doom  a  beautiful 
and  fertile  country,  worth  fifty  of  Now  Mexico,  and  large  enough 
for  five  or  six  great  Slates,  to  that  very'slavcry  whicli  they  no'w 
denonncc  in  no  measured  language,  and  whicli  one  Senator  de- 
clares to  be  an  ineradicable  curse.  Why  so  great  a  change  !  'J'he 
resolution  annexing  Texas  by  a  simple  act  of  legislation  passed 
the  Senate  by  a  majority  of  one  vote.  It  brouglit  with  il  a  war 
with  Mexico  which  has  resulted  in  the  acquisition  of  the  adjoining 
territories  of  New  Mexico  and  California.  The  honorable  gentle- 
man, like  him  from  Connecticut,  voted  for  the  war,  and  spoke  for  the 
war  ;  voted  for  the  treaty  of  ai^iuisilion,  anrl  spoke  for  the  acqui- 
sition.  I  did  not.  Vet  now  when  the  terrifiMaes  have  been  ac- 
quired by  their  eflorts  and  design,  and  when  the  very  worst  evils 
predicted  by  myself  and  my  friends  as  the  inevitable  ciuLscqucnces 
of  the  acquisition,  are  upon  us  ;  when  that  demon  of  discord  rages 
in  the  midst  of  ns,  whose  approach  f  foretold  in  a  debate  on  tlie 
three  million  bill  a  year  ago,  as  the  legitimate  fruit  of  this  very 
accession  of  territory  for  which  both  these  gentlemen  were  then 
so  anxious — instead  of  devising  means  to  allay  the  evils  resulting 
from  their  own  conduct,  they  throw  every  iin[)ediment  in  the  way 
to  any  amicable  .settlement  of  our  dilTicuUics.  This  is  the  mode 
in  which  these  geutleinen  exhibit  that  bold  and  manly  spirit  for 
the  want  of  which  the  committee  that  reported  this  bill  has  been 
taunted  !  They  oilVr  nothing  to  calm  the  tumult  they  have  raised; 
bat  find  fault  with  everything  whicli  others  can  propose.  The 
very  men  who  shun  all  responsibility  themselves,  yet  venture  to 
charge  others  with  the  want  of  courage  to  meet  it. 

To  the  support  of  this  bill  <d'  peace,  the  Siiutli  has  rallied  with 
extraordinary  unanimity.  Four  members  in  this  and  eight  in  the 
other  House,  constitute  the  whole  apparent  southern  op|)ositiou 
to  it,  and  they  have  based  that  opposition  upon  groumis  which  will 
place  every  northern  ot>poiient  professing  hostility  to  the  existence 
of  slavery,  whether  felt  or  feigned,  in  a  most  unpleasant  situation 
if  he  cannot  refute  their  arguments  to  the  satisfaction  of  his  con- 
stituents; for  if  the  southern  opposition  be  right  in  their  opinion  of 
the  ultimate  decision  of  the  court,  these  norlhern  gentlemen  have 
rejected  a  bill  which  would  have  made  tho  whole  territory  frccT 
And  do  they  not  perceive  that  by  their  defeat  of  a  hill  which  simply 
makes  tho  regulations  necessary  to  enable  the  court  to  exercise 
its  appellate  jurisdiction,  they  have  refused  to  comply  with  .a  pal- 
pable constitutional  injunction  upon  us  all;  denied  to  themselves 
and  their  southern  brethren  a  constitutional  right;  and  subjected 
themselves  to  the  inference — aye,  the  forgone  conciiision — -that 
their  argument  about  free  soil  in  these  territories  is  a  mockery. 
Are  they  afraid  to  try  the  question?  What  will— what  must  be 
the  inference  in  the  South  from  their  conduct  in  defeating  the  bill? 
what  will  be  the  probable  consequence  of  denying  to  tho  South 
their  constitutional  right  to  tiy  this  question? 

This,  sir,  is  a  question  which  I  put  with  sorrow  and  alarm?  [ 
am  neither  a  northern  man  nor  a  southern  man  on  this  ipieslion. 
1  stand  on  middle  ground.  In  the  .spirit  of  a  request  from  the  le- 
gislature ol  Delaware,  I  voted  at  the  time  the  Mexican  treaty  was 
before  the  Senate  to  extend  the  auti-slaveiy  proviso  in  the  ordi- 
nance of  1787  over  the  territories  to  lie  acquired  by  that  treaty. 
The  resolutions  of  the  legislature  of  Delaware  were  mit,  as  they 
have  been  represented  to  be,  an  instruction  to  vote  for  the  proviso, 
but  a  re(|uest  to  vote  against  the  acquisition  of  slave  territory.  It 
came  from  men  whose  opinions  I  respect — men  who  had  the  wis- 
dom to  foresee  the  discord  and  danger  that  would  arise  out  of  this 
acquisition  of  Mexican  territory,  and  who  were  anxious  to  avert 
an  evil  which  now  threatens  us  with  disunion  and  civil  war.  They 
are  no  abolitionists.  Neither  are  they  the  advocates  of  tho  exten- 
sion of  slavery.  In  the  spirit  of  their  request  1  voted  for  the  pro- 
viso against  slavery,  when  no  other  man  from  a  slaveholding  State 


voted  with  me.  Some  ten  or  fifteen  gentlemen  from  all  the  non- 
slaveholdmg  Stales  voted  with  mc  for  that  proviso.  On  the  treaty 
my  present  colleague  joined  me  in  this  vote,  and  there  were  but 
thirteen  Senators  from  all  the  North  (just  one-half  her  dclegalion 
m  the  Senate  at  the  time,)  who  gave  us  their  coneiirrencc  in  that 
vote.  Even  the  Senator  from  Ohio,  [Jlr.  Allen,]  who  voted  wilh 
me  for  the  proviso  on  the  bills  granling  two  and  three  millions  to 
secure  peace  with  Mexico,  went  over  to  the  other  side  on  the  mo- 
tion lo  insert  it  in  the  treaty  of  settlement  and  limits  made  at  Gua- 
dalupe Hidalgo.  My  votes,  given  in  the  spirit  of  ihe  legisliiiive 
request  to  me,  were  aimed  against  the  acquisition  of  territory, 
vvhieli  I  forsaw  would  bo  the  apple  of  strife  among  my  couniry- 
men.  In  a  Senate  of  lifty.six  nwmbcrs,  there  were  with'  ihe  aid  of 
myself  and  my  colleague,  just  fifteen  (or  that  proviso— less  ihan 
one-third!  But  ihe  moment  the  barnburners  blew  iheir  trumpet, 
a  change  came  over  the  spirit  of  ihc  dream  of  two  or  three  Scnal 
tors,  wIki  sixty  days  ago  scoffed  at  this  proviso  and  its  cITcct,  and 
now  they  miyht  number  some  sixteen  or  twenty  friends  of  il  in  the 
Senate,  including  the  Senator  from  Ohio,  [Mr.  Allkk,]  who  has 
returned  to  his  first  love!  Under  these  circumstances  1  say  no  man 
of  sense  will  ever  calculate  that  a  majority  of  this  body  will  vole 
lo  prevent  the  extension  of  slavery  in  ihose  territories  by  n  direct 
jaw  of  Congress.  There  is  no  more  pros|iccl  of  ihal  than  of  a  ma- 
jority vote  in  the  other  IIoii.se  lo  introduce  slavery  into  the  territo- 
ries. 

With  the  perfect  knowledge  of  this  fixed  fact,  how  do  northern 
gentlemen,  who  defeated  this  bill  in  the  other  House,  where  they 
have  a  largo  majority,  expect  to  settle  this  question?  Do  they  ex- 
pect the  Soiitli  to  give  up  their  constitutional  r)bjcctions  because  a 
political  majiM  ity  in  one  branch  of  Congress  insist  upon  il?  Wonld 
they  give  up  their  own  settled  convictions  of  their  constitutional 
rights  at  the  bidding  of  a  .southern  majority  in  the  Senate,  and  rest 
contented  after  being  thus  kicked  out  of  the  Supreme  Court?  Sir, 
I  know  them  too  well,  and  respect  them  too  much,  to  helieyo  it. 
They  now  kno^v  that  they  are  in  the  majority  in  the  pojiulnr  branch 
of  Congress,  and  that  this  majority  wdl  be  greatly  increased  with 
every  returning  census.  They  can,  therefore,  as  ihe  stronger 
party,  if  they  desire  to  preserve  Ihc  Union,  allord  to  be  magnani- 
mous. Yet,  how  have  ihey  mel  the  South  in  their  rObrls  lo  con- 
ciliate, and  restore  fraternal  feeling?  Sir,  as  an  honest  man,  I  ani 
bound  to  state  the  truth,  and  I  will  now  do  it  in  presence  of  all  ihe 
members  ol  the  committee,  northern  as  well  as  southern.  In  that 
committee  the  South  propiised  the  Missouri  compromise,  in  spirit 
and  eHect — that  all  the  sorrilory  north  of  36^  30'  should  be  free, 
and  all  south  of  it  ojien  to  slavery,  if  the  people  there  should  will 
it.  The  North  voted  the  proposition  down  The  North  then  pro- 
posed the  words  of  the  Missoari  compromiso,  which  totally  varied 
I'rom  the  spirit  of  it,  because  at  tho  lime  of  that  compromise  the 
territory  to  which  it  apjili'-d,  was  all  slave  territory,  and  ihat  to 
w  hich  il  was  now  to  be  applied  was  all  free.  This  wa.s  refused  by 
the  South,  because,  while  it  yielded  six-sevenths  of  ihe  whole  ter- 
ritories of  the  United  Slates,  outside  of  the  States,  lo  ihe  northern 
claim  of  restriction,  it  was  entirely  silent  as  to  the  remainder,  and 
made  no  concessions  of  an  inch  of  terrilory  to  the  South.  The  pro- 
posal of  the  South  to  run  the  line  of  Sli'  311  to  the  Pacific,  would 
have  made  1  (iOll, 000  square  miles  of  the  territories  lying  beyond 
the  States  on  both  sides  of  the  Rocky  mountains,  free  from  slavery 
lorever,  and  wonld  have  left  for  African  slavery  .soiiih  of  36^  30' 
parts  of  California  and  New  Mexico,  conlaining  only  about  two 
hundred  and  seventy  thousand  sjpiare  miles,  of  the  most  \rorlhle.*.M 
jiart  of  the  whole  country — in  other  words,  less  than  one-sixth  in 
area,  and  less  than  one-twenlietli  in  value  of  all  the  territory  ac- 
quired by  the  common  blood  and  treasure. 

The  gentlemen  of  the  committee  from  the  North  having  voted 
down  this  proposal  made  by  my  friend  from  Kentucky,  [Mr.  U!»- 
DERWOOD,]  a  southern  raember,  there  was  indeed,  as  ihe  gentle- 
man from  South  Carolina  [Mr.  C-\LIioi'\]  has  dcscrihe.T  it,  a 
solemn  pause  in  tliat  committee.  All  h(»pe  of  amicable  seillement 
for  the  moment  vanished,  and  unnatural  <-ontenlion  seemed  likely 
to  prevail  among  us.  It  was  then  proposed  to  try  the  last  resort 
— the  court  established  by  the  constitution  to  sellle  all  judicial 
questions,  and  to  rest  our  present  hopes  of  a  settlement  on  this  as 
the  ark  of  our  safety.  Two-thirds  of  the  committee  joyously  con- 
curred in  the  pioiiosilion.  But  even  in  ihat  body  of  men  we  had, 
in  our  friends  from  Kenlueky  and  Rhode  Island,  the  representa- 
tives of  the  ultra  claims  of  the  South  and  ihe  North,  who  din'ered 
with  us  about  the  report,  and  wilh  one  another  about  everything 
on  this  subject.  The  proposition  to  limit  the  appeal  and  the  writ 
t)l"  error  as  in  other  eases  to  matters  of  the  value  of  $2,tK)0  came 
from  the  Senator  from  Kentucky  himself.  But  the  original  juris- 
diction of  the  court  in  cases  of  habeas  corpus  had  been  settled  by 
'the  decision  of  that  court,  as  has  been  shown  by  my  friend  Irom 
Vermont  and  others,  and  the  committee  saw  clearly  that  a  single 
ease  could  and  would  be  luailc  at  the  will  of  cilhcr  parly  which 
would  settle  the  question  at  the  next  term  of  the  couri,  either  on 
an  application  lo  the  original  or  the  appellate  juiisdieiion  of  the 
court  at  the  pleasure  of  lliose  interested.  I  repeat  again,  however, 
that  the  bill  as  it  stood  when  it  passed  the  Scimle.  gave  the  coort, 
in  addition  to  its  original  jurisdic:tion,  all  facilities  lor  the  exercise 
of  its  power  as  an  appellate  tribunal,  in  all  cases,  without  refer- 
ence to  the  amount  in  controversy,  or  the  parly  who  desired  it. 

Having  thus  stated  the  course  of  the  North  and  the  South,  in 
commitlcc,  I  recur  to  the  point  of  inquiry  how  they  treated  this 
simple  proposition  to  acknowledge  a  eonsiitntional  right  existing 
in  both  when  the  bill  caino  lo  he-acted  upon  in  Congress.  The 
truth  is  before  the  world.     Tho  North,  the  stronger  parly  ia  (b« 


996 


THE  OREGON  BILL. 


(Thursday, 


olher  House — voted  down  the  bill  and  refused  to  hear  a  proposi- 
tion to  satisfy  the  minds  of  their  southern  brethren  as  to  their  con- 
stitutional rights,  by  even  allowing  them  the  constitutional  privi- 
lege of  an  appeal  to  the  common  arbiter  appointed  by  the  great 
charter  which  makes  them  one  nation. 

Sir,  this  decision   of  the  North — with  which  I  had  acted  on  the 
great  question  of  the  extension  of  slavery,  and  stood  ready  still  to 
act   if  by  any  possibility  legislation   could   have  been  effective  to 
control  the  result  without  danger   to   the   Union — has  been  to  me 
the  subject  of  grief  and  alarm.     If  any  man  had  moved  such  a  bill 
as  this  belore  the  excitement  on  this  question  became  intense,  and 
called  it  any  thing  but  a  compromise — a  bill  simply  giving  to  both 
parties  the  means  of  exercising  a  constitutional  right  to  try  the  ju- 
dicial question  at  law — not  a  voice  would  have  been  raised  against 
It.     The  refusal  to  submit  to  the  arbitrament  of  the  very  tribunal 
which   the   founders  of  the   republic  established— the  scorn  with 
which  the  constitution  itself  has  been  treated  in  the  contemptuous 
repudiation  of  a  sacred  constitutional  right   to   try   the  question 
made  by  one  whole  section  of  the   Union — the  contumely  and  re- 
proach now  poured  out  without  stint  or  measure  on  both  sections 
—and  the  shouts  of  victory  over  one  section  by  another,  as  if  a  tri- 
umph had  been  achieved  over  a  foreign  foe,  all  announce  not  only 
the  dawning,  but  the  perfect  d.'iy,  of  an  attempt   to   alienate  one 
portion  of  the  Union  from  the  other.     How  and  when  is  this  sui- 
cidal madness  to  be  arrested  ?     It   is   now  palpable  that  no  bill  of 
any  kind  to  organize  governments  in  the  territories  acquired  from 
Mexico  can  pass  Congress  at  the  present  session,  though  ineffec- 
tual efforts  will  be  made  to  pass  one,  and   that  he   who  shall  at- 
tempt to  stand  between  the  contending  sections  in  their  hostile  ar- 
ray, will  be  the  first  man   struck  down  by  both.     Who  will  take 
the  hazard   of  that   position   hereafter  *     Gentlemen  both   of  the 
North  and  South  will  now  go  home  and  seek  to  sustain  their  res- 
pective  grounds  by  inflammatory  addresses  to  their  constituents. 
The  people  will  become  excited,'and  their  representatives  will  re- 
turn to  these  halls  at  the  next  session   still   more   rivetted  in  their 
opposition  to  one  another.     Before  Congress  can  act  on  this  ques- 
tion, it  may  run  beyond  the  reach  of  any  settlement.    Is  there  not 
real  ground  for  alarm  ?     Sir,  I  envy  not  that  man's  feelings  who 
can  look  upon  the  approaching  struggle  without  apprehension. — 
The  fiery  southron  finding  the  doors  of  justice  barred  against  hiiu, 
mav  seek  to  storm  them  or  enlorce  his  claims  by  violence,  and  in 
that  event  the  very  first  men  lo  shirk  responsibility  will  be  those 
who  have  provoked  this  tempest  by  their  violent  denunciations  of 
all  compromise  and  all  justice.     For  myself,  I  confess  that  there 
is  one  object  which  I  never  could  and  never  shall  be  able  to  con- 
template  in  imagination   without  terror.     It  is  that  of  my  native 
land  rent  by  discordant   sectional  factions — divided   and  torn  into 
fragments,  and  finally  drenched   with  fraternal   blood.     To  avert 
that  calamity,  I  will,  at  any  time,  sacrifice  all  other  considerations, 
and  seize  upon  the  first  opportunity  to  allay  feelings  which  can  by 
possibility  lead  to   such  a  catatrophe.     And  gloomy  as  the  pros- 
pest  may  be,  I  will  not  now  cease   to  hope.     The  bill  which  was 
defeated  in  the  House  by  fifteen  votes,  passed  the  Senate  by  a  ma- 
jority of  eleven.     Of  two  hundred   and   sixty-four  votes  in   both 
Houses,  the  majority  against  the  bill  was  but  four!  No  other  pro- 
position could  have  possibly  approached  so  near  to  a  successful  re- 
sult.    In  the  future,  therefore,  amidst  all  the  darkness  and  diffi- 
culties of  our  position,  we  may  finally  find   our   safety  in  the  judi- 
ciary, to  which  the  constitution  itself  directs  us'     On  the  entabla- 
ture over  the  eastern  portico  of  this  capitol  stand,  in  beautiful  re- 
lief, the  marble  figures  of  hope,  liberty,  and  justice.     Hope,  lean- 
in"  on  her  anchor,  is  represented  as   inquiring  of  liberty  how  the 
constitution  and  the  Union  it  secures  may  be  best  preserved  >  and 
liberty  points  to  justice  as  her  answer.     The  moral  ought  never 
to  forgotten.     Let   us  look  to  the  court  which  the  charter  of  our 
liberties   has  established.     That    is   the    diamond   which  glitters 
i'hrou"h  the  gloom  that  surrounds  us,  and  by  that  sacred  light  we 
may  yet  be  directed  to   the  preservation  of  our  glorious  Union  ; 
without  which  the  hopes  of  all  men  who   love   liberty  must  sink  in 
darkness  forever. 

Mr.  CLAYTON  then  moved  that  the  bill  before  the  Senate  be 
referred  to  the  Committee  on  Territories. 

Mr.  DOWNS  said  that  he  had  suggested  a  division  of  the  terri- 
tory of  Oregon  into  two  governments,  the  one  embracing  that  part 
below  thirty-six  degrees,  and  the  othci-  above.  He  would  now 
give  notice  of  his  intention  to  move  an  amendment,  which  he  sent 
to  the  chair,  and  which  he  asked  to  have  printed,  embracing  the 
principle  of  the  Missouri  compromise. 

Mr.  BADGER  rose  to  address  the  Senate. 

Mr.  KING  said  there  was  no  question  before  the  Senate. 

Tbh  CHAIR  stated  tho  question  lo  be  on  the  motion  by  the 
Senator  from  Delaware  to  refer  tho  bill  to  the  Committee  on  Ter- 
ritories. 

Mr.  DICKINSON. — The  question  of  reference  is  not  debata- 
Me. 

Mr.  CLAYTON. — I  will  withdraw  ray  motion  to  refer  the  bill 
to  afford  ray  friend  from  North  Carolina  an  opportunity  of  being 
heard. 

Mr.  BADGER  was  proceeding  to  address  the  Senate,  when 

Mr.  BUTLER  called  the  Senator  from  North  Carolina  to  or- 
der. There  was  no  question  before  the  Senate,  and  he  asked  that 
the  rules  should  be  observed. 


Mr.  YULEE. — If  the  Senator  from  North  Carolina  will  give 
way,  I  will  make  a  motion  to  permit  hira  to  proceed. 

Mr.  FOOTE  hoped  no  friend  of  the  compromise  would  interpose 
an  objection  to  the  freest  discussion.  He  insisted  that  the  Senator 
from  North  Carolina  should  proceed  as  tho  Senator  from  Dela- 
ware had  been  permitted  to  do. 

Mr.  BADGER  said  he  desired  no  permission.  He  would,  lor 
the  sake  of  having  an  opportunity  to  say  a  few  wtu'ds,  move  that 
the  bill  be  indefinitely  postponed.  He  then  gave,  briefly,  some  of 
the  reasons  which  had  brought  him  to  the  conclusion  that  the  com- 
promise bill  surrendered  the  rights  of  the  South  ;  and  expressed 
his  surprise  that  .iiiy  northern  man  should  have  opposed  it,  or  any 
southern  man  have  given  it  his  support.  It  was  presenling  a  case 
to  the  Supreme  Court  which  must  be  decided  against  the  South. 

Mr.  BADGER  then  withdrew  his  motion  that  the  bill  be  inde. 
finitely  postponed. 

Mr.  CLAYTON  made  a  few  observations  in  reply. 
Mr.  PHELPS  inquired  if  there  was  any  motion  before  the  Sen- 
ate. 


The  PRESIDENT  pro  tempore  replied  that  there  was  a  mo- 
tion that  the  bill  be  indefinitely  postponed. 

Mr.  BADGER.— That  is  withdrawn. 

The  PRESIDENT  jn-o  tempore.— The  Senator  from  North 
Carolina  cannot  withdraw  his  motion  without  the  unanimous  con- 
sent of  the  Senate. 

[Objection  was  here  made  to  the  withdrawal  of  the  motion.] 

Mr.  BADGER. — Is  it  tho  decision  of  the  Chair  that  I  cannot 
withdraw  my  motion  without  the  unanimous  consent  of  the  Sen-- 
ate? 

The  PRESIDENT  pro  tempore.— ll  is. 

Mr.  BADGER. — Then  I  appeal  from  the  decision. 

Mr.  HALE  moved  to  lay  the  appeal  on  the  table  ;  and  the  ques- 
tion being  taken,  it  was  decided  in  the  affirmative. 
So  it  was 

Ordered,  That  the  appeal  lie  on  the  table. 

Mr.  PHELPS  expressed  a  hope  that  the  bill  would  be  referred 
to  a  proper  committee.  He  desired  a  free  discussion,  until  the 
country  should  wake  up  and  understand  the  merits  of  the  bill.  He 
was  prepared  to  meet  the  responsibility  of  the  position  he  had  as- 
sumed ;  he  was  prepared  to  go  home  and  face  his  constituency, 
and  explain  his  course  to  them,  and  unless  he  was  grievously  mis- 
taken they  would  sustain  and  approve  his  action  in  the  matter. 
He  was  deeply  indebted  to  his  friend  from  North  Carolina,  [Mr. 
Badger,]  who  had  completely  vindicated  his  [Mr.  P.'s]  course, 
when  he  said  that  the  bill  surrendered  all  the  rights  of  the  South. 
In  that  case,  he  [Mr.  P.,]  could  no  longer  be  charged  with  sur- 
rendering the  rights  of  the  North.  He  desired  the  bill  to  go  to  a 
committee,  to  look  into  this  and  other  statements  which  had  been 
made  here  and  elsewhere.  He  had  hoped  he  had  sufficiently  ex- 
plained his  course,  but  it  was  not  so  :  every  breeze  from  the  North 
assailed  him  and  the  bill. 

The  committee  who  had  charge  of  the  bill  were  sent  there  to 
perform  certain  duties.  These  duties  were  not  to  go  to  fisticuffs 
in  the  committee. room  for  sectional  objects.  He  had  a  duty  to  his 
country  to  perform,  and  not  a  mere  duty  to  a  section.  If  any  ob- 
jected to  the  bill,  let  them  submit  such  proposition  as  in  their 
judgment  would  e.Mricate  us  from  the  embarrassment  in  which  we 
are  placed. 

The  PRESIDENT  pro  tempore  stated  the  question  on  the  mo- 
tion that  the  bill  be  indefinitely  postponed. 

Mr.  HALE. — Does  not  the  motion  to  refer  take  precedence? 

The  PRESIDENT  pro  tempore. — In  the  opinion  of  the  Chair, 
it  does  not. 

Mr.  MANGUM. — I  move  that  my  colleague  have  leave  to 
withdraw  his  motion  for  the  indefinite  postponement  of  the  bill. 

Mr.  BADGER. — I  don't  ask  leave.  Tho  motion  cannot  be 
withdrawn  without  my  consent. 

The  question  was  then  taken,  on  the  motion  of  indefinite  post- 
ponement, and  decided  in  tho  negative,  as  follows  : 

yE.\.— Mr.  Yulee.-l. 

NAYS— Messrs.  Allen,  Alchisoa,  .\llierIou,  Badger,  Baldwin.  Bell,  Beaton, 
Borland,  Bradbury,  Bright, Biiller,  Clarke,  Clayton,  Corwin,^Davis,  of  Massachn- 
aelts,  Davis,  of  iMississippi,  Davlou,  Dickinson,  Di-X,  Dodge.  Downs,  Felcli,  Fitzgd- 
rald,  Foote,  Greene,  Hale,  Hamlin.  Hoii>ilon.  Johnson,  of  Wd..  Johnson,  of  La., 
Johnson,  of  Georgia.  King,  Lewis,  Mangum,  Mason,  Metcalfe,  Miller,  Niles.  Pearce, 
Pheliii,  Sebastian,  Spruance.  .Sturgeon,  Turnev,  Upham,  Walker,  and  We*tcoH. 
—47 

[Mr.  FOOTE,  when  his  name  was  called,  stated,  by  permis- 
sion of  the  Senate,  that  he  should  vote  in  the  negative,  not  be- 
cause he  intended  to  commit  himself  in  support  of  the  bill,  (for  ho 
knew  nothing  of  its  character.)  but  simply  because  he  was  of  opi- 
nion that  every  bill  from  tho  House  of  Representatives  ouCTht  to 
be  received  and  treated  with  due  consideration  and  respect. J 


August  3.] 


CIVIL  AND  DIPLOMATIC  BILL. 


997 


So  the  motion  llial  the  bill  be  indefinitely  postponed  wa»  le- 
j.'cted. 

The  question  was  then  taken  upon  the  motion  by  Mr.  CLAY- 
TON that  the  bill  be  referred  to  the  Committee  on  Territories, 
and  it  was  determined  in  the  aiTirmative. 

So  it  was 

Ordered,  Tliat  the  bill  be  referred  to  the  Committee  on  Terri- 
tories. 

CIVIL    AND    DIPLOMATIC    BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sidera<ion  of  the  bill  making  appro])riations  lor  the  civil  and  di- 
plomatic expenses  of  the  government  lor  the  year  ending  on  the 
30th  of  June,  1849. 

The  question  pending  was  upon  agreeing  to  the  amendment  re- 
ported from  the  Committee  on  Finance  to  strike  ont  the  following 
clause  : 

''For  the  removal  of  obstructions  in  the  Savannah  river,  and  tlie 
naval  anchorage  near  Fort  Pulaski,  under  the  direction  of  the  Se- 
cretary of  War.  fifty  thousand  dollars." 

Mr.  JOHNSON,  of  Maryland,  moved  to  amend  the  clause  by 
inserting  after  the  word  "obstructions,"  the  words  "caused  by 
sinking  wrecks  in  the  defence  of  the  city  during  the  revolutionary 
war." 

The  question  being  taken  upon  agreeing  to  this  amendment,  it 
was  determined  in  the  negative,  as  follows  : 

YEAS.— Messrs.  Badger,  HaliUvir,  HpII,  Clarke,  Ci.iyton.  Corwiii,  l):ivi«,  of 
jMass.,  Dayton,  Downs,  Greene,  Jolnisoii,  ol'  Maryland,  Julinsou,  iif  Ijonisiana, 
Metealfe,  Miller,  Plielps.  Spruance,  Upliam,  and  VVe^lcoll.— l-i. 

NAYS.— Messrs.  Allen,  Atoliison,  Atherton,  lienlon.  liorland,  Bradbury,  Breesi", 
Bright,  Builer,  Uallioan,  I).ivis,  of  Miss.,  Dickinson,  Dix,  Dodge,  Douglas,  Feldi. 
Fitzgerald,  Foote.  Hamlin,  Ilannegan,  Houston,  Hunlc  r,  Kins.  Lewis,  Mangnm, 
■Mason,  Niles.  Rusk,  Sturgeon,    Turney,   Walker,  and    Vulc-e.— :)i. 

The  question  then  recurred  upon  agreeing  to  the  amendment  re- 
ported from  the  Committee  on  Finance  to  strike  out  the  clause. 

Mr.  YULEE  asked  to  be  excused  from  voting,  upon  the  ground 
that  he  had  paired  off  with  tho  Senator  from  Georgia,  [Mr.  Ber- 
rien.] 

Mr.  BENTON  hoped  the  Senator  from  Florida  would  not  be 
excused,  and  made  a  few  remarks  in  opposition  to  the  practicco  ol 
pairing  off. 

The  questiim  being  put— "shall  the  Senator  from  Florida  be  ex- 
cused from  vhting  on  this  amendment '"  it  was  determined  m  the 
affirmative. 


Mr.  JOHNSON,  of  Georgia,  then  proceeded  to  state  the  rea- 
sons by  which  he  was  governed  in  his  intention  to  vote  to  strike 
out  the  appropriation,  and  was  alluding  to  the  opinion  of  the 
President  of  the  United  States  on  the  subject,  wben  ^ 

Mr.  JOHNSON,  of  Maryland,  called  the  Senator  (rom  Geor- 
gia to  order,  on  the  ground  that  it  was  not  in  order  to  cite  the 
opinion  of  the  Executive  to  influence  tho  action  of  tho  Senate. 

After  some  debate,  principally  upon  the  point  of  order,  the 
question  was  taken  upon  the  amendment,  reported  from  the  com- 
mittee, to  strike  out  the  clause,  and  it  was  determined  in  the  affir- 
mative, as  follows  : 

YR.\S — Me«r^.  Allen,  Atclu40ii,  Ath<<Tton,  Benton,  Borlmd.  r  '" 

Bright.  Butler,   Cnlhoan,  Davis,   of  .Miikiuifipi,    Dickinton.   Dm    i  <-. 

Downs,  Fetch,  Fit/u'erald,  Foole,  Hamlin,   llanite^jan,  HouUou.  I:  ki, 

of  Oeorgia,  King,  Lewis,  Ma^on,  Niles,  riiel|is,   Rukk,  Sebaktiau.  .--[ur^-'Ai,     1  ur- 
nev.  Walker,  and   \Ve„lroIt.— S.'!. 

,VAVS — Messrs.  Badger.  Baldwin.  Bell,  Clarke,  Corwin,  Davi>,  of  Mftisaclia - 
setts,  Dayton,  t^reene,  Johnson,  of  ^Taryland,  Johnt-on.  of  Louulana.  Metealfp. 
Miller,  Pear4-e,  Sptuauee,  and  I'pliam. — 15. 

So  the  amendment  was  not  agreed  to. 

The  question  was  then  staled  upon  the  amendment  reported 
from  the  Committee  on  Finance,  to  insert  the  following  : 

"For  the  adjustment  and  extinguishment,  under  the  direction  of 
the  Secretary  of  State,  of  the  claims  of  the  Spanish  government 
against  the  United  States,  recommended  in  the  President'-,  mes- 
sage, fifty  thousand  dollars." 

Mr.  BAI^DWIN  addressed  the  Senate  at  much  length  against 
the  amendment. 

Mr.  JOHNSON,  of  Maryland,  followed  on  the  same  side. 

The  debate  was  confined  by  Messrs.  BADGER  and  BUTLER 
in  favor  of  the  amendment,  and  by  Mr.  HALE  against  it. 

Tho  question  being  taken  upon  agreeing  to  the  amendment,  it 
was  determined  in  the  affirmative  as  follows  ; 

YE.^S.- Messrs.  Atchison.  Atherton,  Badger,  Bell,  Butler,  Davii,  of  Miiiinippi, 
Dayton,  Dickinson,  Dodge,  Downs,  Foote,  HniiQegan,  Hunter,  Johnson, of  Lonuiani, 
Johnson,  of  Georgia,  King,  Lewis,  Mangiim,  Mason,  Pearce  Sebastian,  Turoejr, 
Westcott,  and  Vnlee. — 24. 

NAYS.— Messrs.  Baldwin,  Benton,  Bright,  Clarke,  ClayloD,  Corwin,  Davu,  of 
.Massaehoselts.  Dix,  Greene,  Hale,  Hamlin,  lioostoQ,  Johnson,  of  Maryland,  Met- 
ealfe,  Miller.  Niles.  Rusk,  Spruance.  rnderwood.  I'pham.  and  Walker.- 21. 

So  the  amendment  was  agreed  to. 

On  motion. 

The  Senate  adjourned- 


998 


PETITIONS,  BILLS,  ETC. 


[Fri 


FRIDAY,  AUGUST  4,  1848. 


PETITIONS. 

Mr.  ATCHISON  presented  a  memorial  from  tho  chief  and 
heads  of  families  of  tiie  Prairie  baad  of  the  Pottawatomie  tribe  of 
Indians,  and  another  Ironi  tlie  ehiel's  and  licads  of  families  of  tlio 
Kiekiipoo  tribe,  asking  that  the  prairie  band  of  the  Potlawatomies 
may  be  permitted  to  remain  on  tho  lands  now  occupied  by  them; 
which  were  referred  to  tho  Committee  on  Indian  Affairs. 

THE    "  BUFFALO    HONT." 

Mr.  JOHNSON,  of  Maryland,  submitted  the  following  resolu- 
tion for  consideration  ; 

Resolred,  That  the  Preiident  of  (lie  t'nited  Slates  he  requested  to  inform  the  Sen- 
ate, at  the  earhest  periotl,  whetlier  iie  liai  any  inlbnnation  that  any  citizen  or  citizen? 
of  the  United  Slates  is  or  ai-e  now  preparing,  or  intending  to  prepare,  within  the  Uni 
ted  States,  an  e.vpeditiun  to  revolutionize  l>y  foree  any  part  ot  the  repuhlte  of  MexiL-o. 
or  to  assist  in  so  doing;  and,  if  he  has,  what  is  tlic  extent  of  sneli  preparation,  and 
whetlier  he  has  or  is  aboul  to  take  any  stejis  to  arrest  the  same. 

CHICAGO    COLLECTION    DISTRICT, 

Mr.  DIX,  from  the  Committee  on  Commerce,  to  whom  was  re- 
ferreil  the  bill  from  the  House  of  Representatives  to  annex  that 
p.art  of  the  .State  of  Indiana  borderin;,'  on  Lake  Michiijan  to  the 
Chicago  collection  district,  reported  it  without  amendnient 

The  Senate  proceeded  to  consider  said  bill,  as  in  Committee  of 
the  Whole,  anti  no  amendment  being;  made,  it  wtis  reported  to  the 
Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time, 

Jlef^n/rtd,  That  it  pass. 

Ordered.  That  the  Secrct.ary  notify  the  House  of  Representa- 
tives accordingly. 

IMPROVEMENT  OF  THE  ST,  CLAIK  FLATS, 

Agreeably  to  notice,  Mr,  WALKER  asked  and  obtained  leave 
to  bring  in  a  bill  for  the  improvement  of  the  St.  Clair  flats;  which 
was  read  the  first  and  secoi.d  times,  by  unanimous  consent,  and 
referred  to  the  Committee  on  Commerce, 

PRIVATE    BILL. 

Mr,  DIX,  from  the  Committee  on  Commerce,  to  whom  was  re- 
ferred the  bill  from  tho  House  of  Representatives  to  refund  a  pe- 
nalty remitted  by  the  Secretary  of  the  Treasury  to  John  Hardrop, 
reported  it  without  amendment. 

The  .Senate  proceeded  to  consider  said  bill  as  in  Committee  of 
the  Whole,  and  no  amendment  being  made,  it  was  reported  to 
the  Senate, 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Rrtmht'd,  That  it  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly, 

LICENSING  OF  YACHTS, 

Mr,  DIX,  from  tho  Committee  on  Commerce,  to  whom  was  re- 
ferred tho  bill  from  the  House  of  Representatives  to  authorize  the 
Secretary  of  the  Treasury  to  license  y.achts,  and  for  other  purpo- 
ses, reported  it  without  amendment. 

The  Senate  proceeded  to  consider  said  bill,  its  in  Committee  of 
the  Whole,  and  no  amendment  being  made,  it  was  reported  to 
the  .Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Resolved,  That  It  pass. 

Ordered,  That  the  Secretary  nniil'v  the  House  of  Representa- 
tives accordingly. 

OHfiANIZATION  OF  THE   MARINE  CORPS. 

Mr,  YULEE,  (loin  the  Committee  on  Naval  Aflairs,  reported 
a  bill  to  establish  the  organization  of  the  marine  corps  ;  which 
was  read  and  passed  to  the  second  reading. 

Mr,  YULEE  submitted  documents  relating  to  said  bill,  which 
were  ordered  to  be  printed, 

MAJOR    JAMES    M,    SCANTLANI). 

Mr.  JOHNSON,  of  La.,  from  the  Committee  on  Pensions,  to 
whom  was  referred  the  bill  for  tho  relief  of  James  M,  Scantland, 
reported  it  without  ameudment. 


Tlie  Senate  proceeded  to  consider  the  said  bill,  as  in  Committee 
of  the  Whole,  and  no  amendment  being  made,  it  was  reported  to 
the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time. 

Reso/rrd,  That  iIik  hill  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  "request  the  concurrence  of  the 
House  of  Representatives  theren. 

CATHERINE    HOFFMAN. 

On  motion  by  Mr.  FITZGERALD,  the  prior  orders  were 
postponed  and  the  Senate  proceeded  to  consider,  as  in  Committee 
of  the  Whole,  the  bill  from  the  House  of  Representatives  for  the 
relief  of  Catherine  Hoffman, 

No  amendment  being  made,  the  bill  was  reported  to  the  Sen- 
ate, 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time, 

nisiitred.  That  il  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

ALABAMA    RAILROAD. 

On  motion  by  Mr.  KING,  the  prior  orders  were  postponed  and 
the  Senate  proceeded  to  consider,  as  in  Committee  of  the  Whole, 
the  bill  granting  the  right  of  w.ay  and  a  donation  of  the  public 
lands  to  the  State  of  Alabama  for  the  construction  of  a  railroad 
from  Mobile  to  the  mouth  of  the  Ohio  river. 

Mr.  DAVIS,  of  Mississippi,  moved  to  amend  the  bill  by  adding 
a  section  granting  the  right  of  way  and  a  donation  of  the  public 
lands  to  the  State  of  Mississippi,  for  the  construction  of  a  railroad 
from  Jackson,  through  Brandon,  to  the  Alabama  lino. 

It  being  evident  that  the  bill  would  give  rise  to  debate,  it  was 
(in  accordance  with  an  uitderstanding  had  when  the  bill  was  taken 
up)  passed  over  informally, 

CIVIL    -AND    DIPLOMATIC  BILL, 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  consid- 
eration of  the  bill  making  appropriations  for  the  civil  and  diplomatic 
expenses  of  the  government  for  the  year  ending  the  30th  of  June, 

1849. 

Mr,  ATHERTON  submitted  several  unimportant  amendments; 
which  were  agreed  to. 

Mr.  BADGER  moved  to  amend  the  bill  on  the  14th  page  by 
striking  out  ■'$40,522,"  and  inserting  "$41,022,"  and  adding  at  the 
end  of  the  clause  that  the  salary  of  the  commissioner  of  pensions 
shall  be  $3,000  per  annum  from  and  after  the  1st  of  July,  1848, 

Mr.  BADGER  explained  that  the  object  of  this  amendment  was 
to  pluee  the  oflicer  at  the  head  of  the  pension  bureau,  who  was  one 
of  the  most  faithful  and  laborious  officers  in  the  service  of  the  gov- 
erntuent,  and  whose  duties  had  of  late  been  largely  increased,  upon 
the  same  footing  with  respect  to  compensation  as  the  assistant 
postmasters  general  and  auditors. 

Mr.  TOHNSON,  of  Louisiana,  advocated  the  amendment,  and 
hoped  no  objection  would  be  made  to  it. 

The  amendment  was  agreed  to. 

Mr.  BADGER  moved  further  to  amend  the  bill  on  page  34,  by 
inserting  between  lines  810  and  811  :  "  To  enable  the  Secretary 
of  the  Senate  to  pay  to  James  A.  Houston  for  three  hundred  and 
fifty  bound  copies  of  the  proceedings  and  debates  of  the  Senate, 
for  the  present  session,  as  published  by  him,  and  for  an  analytical 
index  to  the  same,  to  furnish  to  the  members  of  the  House  of  Re- 
presentatives and  Senate,  tho  sum  of  two  thousand  five  hundred 
dollars." 

The  amendment  was  agreed  to. 

Mr.  BADGER  moved  further  to  amend  the  bill  by  the  insertion 
ol'  an  npiiropriivtion  to  pjiy  the  claim  of  David  Taylor,  who  mar- 
ried a  Cherokee  Indian,  for  $12, .WO  and  interest. 

Alter  a  brief  debate,  the  amendment  was  agreed  to, 

Mr.  .JOHNSON,  of  Louisiana,  moved  further  to  amend  the  bill 
by  inserting  an  iippropriation  of  $10,000  for  a  survey  of  the  Red 
river,  with  a  view  to  the  removal  of  the  land  raft  whieh  obstructs 
the  n.avigation  ;  which,  after  some  remarks  from  Messrs.  ATH- 
ERTON, JOHNSON,  of  Louisiana.  SEBASTIAN,  MET- 
CALFE, DOWNS,  HUNTER,  ATCHISON,  ALLEN,  DA- 
VIS, of  Massachusetts,  and  FOOTE,  was  negatived. 


August  4. J 


CIVIL  AND  DIPLOMATIC  BILL. 


^99 


Mr.  TURNEY  moved  further  to  amend  the  bill  by  inscrtinfr  the 
following:  "For  the  payment  to  Richard  Fields  of  the  balance 
due  him  on  the  certificato  uf  the  (-ommissioiiers  of  Washinfjlon 
city,  of  June  the  twcnty-tilih,  ei«rliieeti  hundred  and  forty-seven, 
awarded  and  decreed  to  him  under  the  sixteenth  article  of  the 
treaty  with  the  Cherokee  nation  of  Indians  of  eighteen  hundred 
and  thirty-five- 'six,  six  hundred  dollars. 

The  amendment  was  agreed  to. 

Mr.  DOWN'S  moved  further  to  ameuil  the  bill  by  adding  tlie 
following  section  : 

Sec.  Andhc  it  fiirt/icr  rnacted,  That  the  Sprretnry  of  lh»?  Trc;isnrv  bo,  and  is 
herehy  rpqiilrcil  to  pay  out.  of  any  monoy  in  the  Treasury  not  oiherwise  anpropfialed; 
to  tlie  Creek  nation  of  Inihan.-:,  or  to  the  order  of  Benjamin  i\I:irsiiall.  1  uik  ab  al- 
chee  Micco,  Gurgo  W.  Stedham,  and  George  Scott,  delegates  from  the  (*ri?ek  nation 
of  Iniiiaiis,  the  sum  of  one  hundred  and  forly-one  thousand  and  fifty- five  dollar* 
ami  ninety-one  cpnt>,  bein«;  the  halance  of  the  sum  of  two  hundred  and  fifty  thou- 
sand dollars  agreed  to  lie  paid  for  lands  ceded,  after  deducting  the  amonnt  paicl  lo  tin? 
citizens  of  Georgia,  as  ascertained  and  allowed  by  the  arhitrainent  and  award  of  the 
United  States  under  the  4lli  article  of  the  treaty  of  llic  8tli  of  January,  Ib'-Jl. 

A  debate  ensued,  in  which  Messrs.  DOWNS,  ATCHISON, 
KING,  FOOTE,  ATHERTON  and  LEWIS  took  part. 

Mr.  JOHNSON,  of  Georgia. — This  question  has  been  unexpect- 
edly brought  to  the  consideration  of  the  Senate,  and  I  therefore  do 
not  feel  prepared  to  express  an  opinion  with  that  confidence  wiiicli 
alone  could  be  the  result  of  mature  cxaitiinatiori.  I  liave  not  had 
my  attention  called  to  it  until  within  the  last  hall' hour,  and  have  not 
had  time  to  read  all  the  documentary  evidence  necessary  to  its  lull 
understanding.  But  from  tlie  slight  invesligation  wliich  I  have 
been  able  to  bestow  upon  the  subject,  I  am  far  frotn  believing  ihat 
the  Creek  Indians  have  any  well-founded  demand  against  the  gov- 
ernment of  the  United  States.  The  facts  on  which  this  alleged 
claim  is  founded  are  few,  and  by  no  means  complicated.  They 
are  concisely  stated  in  the  report  of  the  conuiiiltee,  from  which  £ 
will  read  : 

"  In  i8i!0  ('ongress  appropriated  S-JO.OOO  to  hold  Irenliis  with  the  Creeks  and  Che- 
rokees,  to  extin^'utsh  titles  of  the  Indiana  to  lands  in  the  State  of  Georgia  under  the 
compact  of  IH((2.  Georgia  was  invited  to  send  connnissioners  to  the  treaty,  and  sent 
them  accordins'v.  All  the  parties,  the  United  Slates,  Georgia,  and  lheC're<?k  nation, 
met  in  council  at  fndian  Spring',  in  Drcemher,  18-JO.  The  Georgia  cofiiinissiouers  in 
their  talks,  presented  demands  againstthe  ''reek  niUion  for  property  destroyed  in  their 
wars  between  1774  and  IH(I-J:  and  also  for  negroes,  horses,  cattle,  ice,  taken  and  not 
restored,  amonnting  to  soniewlierc  about  .5280,(101). 

*'  The  Creeks,  in  their  talk  in  reply,  refused  to  acknowledge  tlicse  claims,  except  so 
fnr  as  they  were  acknowledged  in  rlie  treaty  of  (volerain,  under  tht-  obligation  '  to  re 
store  nepioes  and  jirtsoners,  hut  proposed  to  leave  all  the  claims  on  bo'h  sides  to  the 
urbitralion  of  the  I'reoident.  The  jiroposal  was  acceded  to  by  the  coinmisi-ionurs  of 
(leoigia,  and  articles  of  agreement  were  signed  to  submit  all  clnimt  on  both  sides  with 
the  talks  and  document-s  relahng  to  them  '  to  the  decision  of  the  President  of  the  Uni- 
ted Slatci,  by  him  lo  be  ilccidtU  upon,  at/Justed,  and  scUlcd  in  such  iniiuner  and  un- 
der such  rulrs.  rcffufatinns,  and  restrictions  as  fic  sh«ll  prescribe  ;'  and  further, 
"  that  the  f/crif /on  and  award  thu;i  mnde  shall  be  binding  and  obligatory  upon  the 
contrnctiug  parties." 

"  The  agreement  thus  made  became  a  part  of  the  treaty  which  was  signed  between 
the  United  States  and  the  Crt-ek  Indiaiii,  and  bound  the  United  States  as 
well  as  the  other  two  parties.  By  it  tlie  Incbans  ceded,  for  150,000  dollars, 
a  large  body  of  very  valuable  lands  in  (J!eor"ia,  secoring  to  her  thereby  a  very  im- 
portant accession  of  territory.  They  stipulate  tor  llie  payment  to  llienisclves  of  ^'300,- 
(KM)  of  the  purchase  money  ;  and  as  to  the  balance  in  the  -Itli  article  it  is  said  :  'And 
as  ft  further  consideration  for  said  cession  the  United  States  do  hereby  agree  to  jiay  to 
the  State  of  Georgia  whalcvcr  balance  may  be  found  due  liy  theOcek  nation  to  the 
citizens  of  said  State  whenever  ihesame  shall  be  ;isccrlaiiied  in  conformity  wifh  the 
refemice,  made  by  the  conmiissiouers  of  tieorgia,  and  the  chiefs,  head  men,  and  war- 
riors of  the  Creek  nation  ;  to  be  pard  m  five  annual  in^italments.  without  inleiest,  pro 
vided  the  same  shall  not  exceed  $'!i50,000  ;  the  commissionen*  of  Georgia  e.vcculmg  a 
full  .Tiid  final  rclinquishmeiil  of  all  claiiiivof  the  citizens  of  Georgia  against  the  Creek 
nation  for  property  taken  or  destroyed  prior  lo  the  act  of  Congress  of  If'O-,  regulating 
the  intercourse  with  the  IrMban  tribes,' 

"  'I'lie  PfL'^rdent  wa>-  tbn>  appomied  sole  arbitrator  over  tlir  entire  subject,  both  pai- 
ties  giving  him  full  powers  lo  *  adjust,  lupiidale,  ami  settle' all  claims  on  botbt-ido^, 
under  '  sucli  lules,  regulations,  an<)  restrictions  as  he  shall  pre^cribe.'  Tlic  PrcMdcnt 
(Ml.  Monro")  accepted  the  trust,  and  made  the  rules  ami  regulations  for  settling  these 
claims,  and  appointed  first  Governor  James  1'.  Preston,  of  Virginia,  and  afterwaids 
Stephen  Fleasantou.  E.-q.,  fifth  auditor,  to  examine  ami  repoit  on  lh«  evidciux*  and 
character  of  the  claims.  Governor  Preston  held  Ins  sittings  for  eight  months  at  Athens, 
Georgia,  and  Mr.  Pleasanion.  afterwards  in  \V'a^llinglon. 

"  These  commissioners  reported  all  the  claims  presented  beloie  ibem,  aad  llic  e\  i 
dence.  They  recommend,  in  the  whole,  9;l0H,i)44  OU,  for  payment,  and  President 
Monroe,  bv  three  several  awards  in  1S^;^2,  \>'2,'.\.  and  lrfi'>,  '  adjiidieatcd  and  settled' 
claim-;  to  that  amount  in  favor  of  the  iitizens  of  Gco'gia,  reporting  all  othern  a^.  not 
coming  within  the  case  suhmiited  to  liim.  The  committee  cannot  but  consider  llii* 
decision  and  award  of  President  Moiroe  as  lliial  and  conclusive  as  to  the  right-,  of  the 
claimants,  and  as  binding  on  boili  parties." 

Now,  after  the  payment  of  the  $iOS,f):M  0!>,  to  tlio  Georgia 
claimants,  according  to  the  recommendation  of  the  (■ouimissioners, 
there  was  a  balance  of  the  $250,000  left  in  the  hands  of  the  go- 
vernment to  the  amount  of  $141,055  91,  the  question  is  to  whom 
does  this  balance  belong  ?  To  Georgia,  or  to  the  United  Slates. 
or  to  the  Creek  Indians  ?  The  Creeks  claim  that  it  belongs  to 
them,  and  it  is  proposed  to  appropriate  that  sum  by  this  bill  lor 
its  payment. 

Sir.  I  maintain  that  this  balance  is  not  the  property  of  the  Creek 
Indians.  That  it  is  not  is  evident  from  the  terms  of  the  treaty,  and 
of  the  agreement  by  which  Georgia  claims  were  submitlcd  to  the 
arbitrament  of  the  President.  I  call  the  special  attention  of  the 
Senate  to  the  language  of  the  4th  article  of  the  treaty. 

"And  as  a  further  consideration  for  said  cession,  the  Uniled  St.itcs  do  hereby  agree 
to  pay  to  ilie  State  of  Georgia,  whatever  balance  may  be  found  <iue  by  the  (.'reck  na 
licm  to  the  cilizensof  said  Slate,  whenever  theaame  shall  be  ascertained  in  coul'ormi- 
ty  with  the  reference  made  by  the  commissioners  of  Georgia,  and  the  chief  beadsmen, 
and  «  arriors  of  the  Creek  nation  :  lo  be  i>aid  in  five  annual  inslalnienls.  witlnmt  iii- 
Icrc'l,  provided  the  same  shall  not  exceed  ■S-i'iO.OOO  ;  the  eommisaioners  ol  Geoigia  ex- 
ecuting a  full  and  final  relintiuishmeni  of  all  claims  of  the  citizens  of  Georgia  agaimt 
the  Creek  nation,  for  the  properly  takcu  or  deelroyed,  piior  to  the  :ict  of  Congress  of 
180"^,  regulating  the  intercouse  with  the  Indi;iu  tribes." 

The  Senate  will  observe  that  there  is  not  a  word  in  this  article 
of  the  treaty  which  intimates  that  any  balance  which  might  re- 


main  of  the  $250,(X)0,  after  paying  the  Georgia  claims,  shoald  bo 
paid  to  the  Creek  Indians. 

But  by  reference  lo  the  articles  of  release  executed  by  the  com- 
missioners of  Georgia  on  the  day  of  the  treaty,  it  is  obvious  iliat 
nothing  of  the  kind  was  contemplated  or  expccled.  It  is  as  fol- 
lows : 

G.-^/Ji^icharffc  far  alt  claiaui  on  the  Crrth*. 

"Wherei-  a  tr*aly  or  convenlion  hat  llii!"  day  bt-en  made  and  ontemi  into  liy  ami  '••• 
twceii  the  United  Slater  and  llie  Cnik  nalioii,  by  the  piovbion>  of  w  fii  •''  '^r  I'm 
led  Slates  havcagreetl  to  pay,  ai>d  Mir  comrni»ioiier%  ofGeur-ia  h.'i^ 
eepl.  for  and  on  behalf  of  the  citi>ten»  oflhe  Slate  of  Georgia  liavin 
the  Creek  nation  prior  lo  ilie  year  iBOi,  the  lum  of  two  huudred  ain! 
dollar!.: 

NOW    KN»t\V    ALL    MKN    DV   TUKSf    rKCHEKTS. 

"That  we,  the  uDdcrsigneil,  commit^iionerB  for  llic  Stale  of  Gror»ia,  foi  nml  in  ton- 

sideraiion  of  the  nforoaiilMini  of  two  hnndred  and  fiDy  ihoutand  d"''-^ -    ■  '  , 

said  ircatyor  convention,  to  be   paid  lo  the  Statf  of  fleofeia.  for  ihe  ■ 

bona  fill  c  claims  which  Ihe  citizens  of  Georgia  m't^f^^taUteh  ajraiiut  ii 

do,  by  these  presents,  relcatc.  exoneiale,  and  dikchuige  the  »aid  Crn  v 

and  every  claim  and  claims,  of  whatever  de«»ription,  nmurr,  or  km 

be.  which  the  citizens ofGcorjiia  now  have  or  niay  ha\e  hail,  prior  !■■ 

atfuioit  the  said  nation.     Ann   we  do  hurehy  a>>igu,  iratikfer,  :<i.rl  x. 

United  St  ate*.. for  the  ufr  and  hcnrJUof  l/te  Crrrk  nntmn,  for  ■ 

before  expTCMed,  all  Ihe  right,  title,  and  interest  of  the  ciii/fn»i>i 

debts,  damages,  and  prQ|>e(ty  of  every  descriftlion  and  drni<ni.i. 

zens  of  lite  said  State  have  or  had  prior  lo  the  vcar  JHU'J,  u  •ru(v*ud,  u^^cuuM  (Itv 

Creek  nation. 

"Signed,  8ih  January,  IF*il,  by  Ihe  comrniMioners  of  Georgia." 

This  mstrument  by  its  very  terras  shows  that  the  S2oU,000  were 
'■secured  by  said  treaty  or  convention  lo  be  paid  lo  the  Stale  of 
Georgia.'*  There  is  not  a  syllable  which  sliows  that  it  was  in- 
tended that  any  balance  should  be  paid  to  tlie  Creeks. 

In  reply  to  this,  it  is  asked,  why  then  did  the  parlies  agree  lo  sub- 
mit the  invesligation  and  adjustment  of  these  claims  to  the  arbitra- 
ment of  the  President  of  the  Cnilcd  Sliites?  If  it  was  designed  lo  pay 
the  $250,000  to  Geeorgia,  where  the  necessity  of  im  umpire?  Sir, 
it  was  designed  for  the  protcclion  of  the  govcrnmeiil.  and  not  lor 
the  Creek  Indians.  They  were  content  to  receive  $460,0(»0  for 
their  lands— $200,000  to  be  paid  in  money  and  $250,000  in  aalis- 
faction  of  claims  of  the  citizens  ot  Georgia  for  spoliations.  The 
commissioners  of  ihe  State  of  Georgia  at  the  time  of  ihec.\ccuiiun 
of  the  treaty,  presented  claims  to  the  amount  "f  $2^S0|0UO.  The 
Indians  d(;^ied  that  that  amount  was  due.  But  were  willing  to 
receive  from  the  United  Slates  $200,000  in  money  and  a  release 
from  the  Gcorgiii  claims,  as  a  full  satisfaction  of  the  SloO.OOO, 
which  was  the  price  dcm.indcd  for  their  Uuids.  The  Uniicd  Slates 
agreed  to  pay  the  $200,000  in  money,  and  to  assume  the  cluims  uf 
the  citizens  of  Georgia  to  the  amount  not  exceeding  $250,000,  pro- 
vided the  Georgia  commis::'iuners  would  upon  thai  condition  release 
the  Creeks  from  those  claims.  It  was  done  as  ifta  documents 
show.  The  reference,  therefore,  to  the  President  of  ibc  United 
Slates,  was  for  the  protection  uf  the  government.  The  i^ovcrii- 
mcnt  of  the  United  Slates  agreed  to  p;tv  ab  much  at.  $250,000,  it 
that  much  should  be  lound  to  be  due.  It  less  were  due,  the  sur- 
plus should  uceruc  to  the  bcnelit  of  ihe  United  Slates.  This  would 
seem  to  be  the  most  natural  inierpretalion  of  the  transaction,  and 
if  correct,  shows  clearly  that  the  Creeks  have  no  claim  lo  any  bal- 
ance which  might  remain  after  paying  the  claims  ot  the  citizens 
of  Georgia. 

Nor  would  it  seem  from  the  evidence  that  the  Creek  Indians 
understood  at  the  time  they  were  entitled  to  any  such  balance. — 
The  treaty  was  executed  on  the  8th  January,  1821.  The  com- 
missioners appointetl  by  Mr.  Monroe,  then  Presiilcnl,  sat  in  J821 
and  1822  thereafter,  and  reported  $10S,IM4  0*1  to  be  due.  It  was 
paid  out  aeeording  to  ihe  terms  of  the  treaty.  The  balanec  uf 
the  $250,000  remained  in  the  bands  uf  the  government  from  ih.tl 
lime  down  to  the  18th  o(  November,  IS2S,  a  pcri<id  of  iieafly 
seven  years,  and  was  never  claimed  by  the  Creek  nation.  Then, 
for  the  iirst  time,  John  Crowell,  as  the  afronl  of  the  Indians,  set 
up  a  claim  to  and  demanded  this  unexpended  balance.  Why  this  long 
delay  in  the  assertion  of  thcr  rights,  if  these  Indians  believed  were 
entitled  to  it  ?  It  is  not  protended  that  ihey  were  ignorant  of  it. 
The  commissioners  sat  in  Georgia,  by  agreement,  of  which  ihey 
were  informed  ;  and  they  must  have  known  what  iiniouni  was  al- 
lowed, and  consequenily  what  balance  remained  after  paying  the 
award  (>Lthc  commissioner.  Their  long  delay,  therefore,  fur- 
nishes strong  proof  that  they  did  not  understand  the  transactions 
at  the  Indian  Springs  at  the  time  of  tho  execution  ot  ihe  treaty, 
as  securing  to  them  any  riirht  lo  ihc  balance,  after  paying  iho 
Georgia  claims,  if  less  than  $250,000  should  be  found  due. 

The  State  of  Georgia  certainly  never  so  understood  the  trans- 
action, for  she  remonstralcil  from  the  beginning  against  iho  award 
of  tue  commissioners,  and  say  the  committee  "  made  repealed  ef- 
forts to  induce  President  Monroe  hrst.  and  President  .Adams  af- 
terwards, lo  reopen  and  readjust  the  decision  made  bv  the  furiu- 
er."  When  General  Jackson  camo  into  ollke  the  application  of 
Georgia  was  again  renewed  ;  but  it  seems  he  did  nr.t  feel  himself 
authorized  to  reopen  the  e(mimission.  Finally,  in  IS34,  the  Slate 
of  Georgia  referred  the  matter  to  Congress  by  memorial.  It  was 
referred'to  the  Committee  on  Indian  AHairs,  who  examined  tho- 
rouu^hly  iiit(»  all  the  laois  of  ihe  case  and  presented  an  able  report, 
Irom  which  I  read  the  following  extract : 

•'tf  none  of  Ihe  claims  provided  for  by  the  treaty  remoinetl  still  unplid,  a  •juetlion 
wonhl  arise  as  to  whom  this  larjje  balance  l»eIonp.  tho  Unitrd  State*  or  the  Cre^  na 
tioii  of  Indians  ?  Il  is  believed  lha(  a  a*f»-penee  to  the  treaty,  with  tlie  Uan..-  r  .n* 
immediately  connectctl  Willi  it,  will  a  (ford  Uie  liou>e  siillicicnt  n  aM>n  to  •■>■■.  i  . 
that  tbelndiaiu  considend  the  iwo  hnndred  thon»and  doll.-^rs  which  ihe  UniL-^l  >  i'  , 
stiptllateil  to  pav  in  money  lo  the  Cre^k  nation.  «itha  In II  and  final  relra-*  Iiumi  Oi.- 
claims  oi  the  cJiizcDs  of  Gcoi^ia,  a  full  etjuivalem  for  the  lerrilorv  coded  bv  the  irca 
ty,  and  that  those  Indian*  did  not  look  to  any  balaaeeof  ibe  iwo  hundred  and  filly 
MioHsand  dollars  which  mifiht  remain  after  Ihe  payment  of  tlic  Geoi^ia  claiau,  as  be 
longing  to  the  nation,  for  it  is  remarkable  to  sap|iOM,  that  the  Geor^pa  commisuoQen, 


J  000 


CIVIL  AND  DIPLOMATIC  BILL. 


[Friday, 


who  represented  the  claimants,   and  presented   to  the  negotiating  parties  a  list  of 
claims  ofcitizens  of  Georgia,  the  evidence  of  wliich  bad  heen  collected  under  the  sn  - 
perintending  conlrol  of  the  soveinment  of  thai  State,  amounting  in  the  aggiegate  lo 
nioie  than  tivo  hundred  and  eigiity  thousand  dollars,  uigmi  the  .tiputation  of  a  snin 
sufficiently  large  lo  cover  the  claims,   which  might  be   established    against  the  ("reell 
nation  ;  which  the  commissioners  on  the  part  of  the  United  Stales  laboreil  for  the 
stipulation  of  as  limited  a  sum  as  astiict  regard  lo  coiniiieniiablc  libeialiiv.  a  desiie  lo 
effect  an   adjus'incnl  of  a  difficulty  of  long  slaiiding,  the  principles  ofjuslicc.  and 
the  interests  of  the  United  States  would  justify  or  require,  and  that  the  Indians,  sa 
listied  10  receive  two  hundred  thousand  dollars   in' money  from   the  United    Slates, 
w'th  an  entile  release  from  the  Georgia  claim,-,  as  an  etjuivaleiil  lor  the  ti-iriloi  v  rcd.-'l 
by  lliem  lollie  United  Stales,  were  conleut  llieicfore  lo  lea\e  the  a^l.^^lstlIK■lll  of  llic 
amount  which  should  be  stipulated  to   pay  those  claims  to   llie  tJcorgia  and  Uiiiled 
Stales  conimissioneis.     It  is  obvious  to  your  committee,  that  while  the  Iiidiaiis  coii 
sidered  the  two  hundred  thousand  dollars  stipulated  in  the  treaty  lo  be  paid  in  money 
to  the  nation,  by  the  United  .States,  with  an  eiiliie  release  from  all  claims  of  the  citi 
zens  of  Georgia  against  the  deck  Intliaiis,  a  full  and  fair  eijiiivaleiit  for  the  Icinloiy 
ceded   by  ibe  treaty,  that  the  Unilerl  States  considereri  Ihe  Iwo  liiindicd  and   lifty 
thousand  dollars  stipulated  to  be  paid  by  iliem  to  the  Georgia  claimiiiils,  Willi  the  Iwo 
hunihed  thousand  dollais  stipulated  to  be  jiaid  by  them  in  money  to  the  Indians,  not 
more  than  an  equivalent  for  the  territory  so  ceded  hy  Ihe  Ire.ily       It  follows  there 
fore,  that  the  Creek  Indians  have  no  claim  to  ■  lie  unexpended  balance  of^  the  two  liiiii 
died   and  fifty  thousand  dollars,  stijiulated  to  he    paid    by  the    United    Slates  to  llie 
Georgia  claimauts." 

This  pi'oves  clearly  the  view  which  was  taken  of  the  subject  liy 
the  committee  ;  and  it  was  sustained  liy  the  judgment  of  the  Con- 
gress of  the  United  Stales.  On  the  30th  if  June,  1.S34,  they  passed 
an  act  which  authorized  "  the  President  to  cause  to  be  adjusted 
and  pivid  to  full  indemnity,  out  of  any  money  in  the  Ttreasury  not 
otherwise  appropriated,  all  claims  of  the  citizens  of  Georgia,  un- 
der the  4th  article  of  the  treaty  of  January,  1S21,  which  have  not 
been  heretofore  adjusted  and  paid  on  the  following  principles  : 
All  claims  which  have  not  been  heretofore  adjusted  and  paid, 
founded  on  the  capture  and  detention,  or  det.truclion  of  property 
by  said  (Creek)  Indians,  prior  to  the  act  regulating  the  intercourse 
with  the  Indian  tribes,  if  satisfactorily  established,  shall  be  allow- 
ed and  paid."  This  is  the  highest  evidence  that,  in  the  judgment 
of  Congress,  the  Creek  Indians  were  not  entitled  to  the  balance 
which  they  now  claim,  of  more  than  $141,000. 

On  the  2d  of  March,  1835.  shortly  after  the  passage  of  the  act 
just  referred  to,  the  whole  sum  of  $14], 055  09  was  paid  over  to 
Wilson  Lumpkin,  then  governor  of  Gcngia. 

Upon  this  state  of  facts  two  questions  are  raised  by  those  who 
favor  the  claim  now  set  up  by  the  Creek  Indians.  In  the  first 
place  it  is  contended  that  the  report  of  the  first  eoiunsissioncr.  ac- 
cording to  the  terms  of  the  original  agreement  between  the  Creeks 
and  the  Georgia  commissioners,  was  final  and  conclusive,  and  that 
the  Congress  of  the  United  Stales  had  no  right  to  pass  the  act  of 
1834.  The  reply  to  this  is  obvious  and  satisfactory.  That  Con- 
gress had  the  same  right  lo  judge  which  this  has.  That  Congress, 
in  passing,  decided  that  they  hail  the  right .  The  evidence  w"as  all 
before  them.  The  subject  was  fully  examined,  and  in  virtue  of 
that  decision  the  money  was  paid  to  Georgia,  ami  it  has  heen  dis- 
bursed according  to  llio  substantial  intention  of  the  parties. 

Again  :  If  the  funds  did  not,  as  I  contend,  belong  to  the  Creeks, 
they  cannot  complain  of  the  want  of  authority  in  Congress  to  re- 
open the  coraraissi.on.  If  the  fund  belonged  to  the  United  States, 
and  they  thought  proper  to  p.ay  it  to  Georgia  iu  the  manner  in 
which  they  did,  these  Indians  cannot  complain  ;  they  have  sufl^er- 
ed  no  injustice — sustained  no  dairiage. 

In  the  second  place,  it  is  said  that  the  i$MI,055,09  was  paid 
over  in  solido,  to  the  State  of  Georgia,  "without  any  examination 
into  the  claims,  as  required  by  the  act;  and  that  no  returns  of  the 
proceedings,  in  deciding  on  these  claims,  or  in  distributing  the 
fund,  has  ever  been  filed."  In  reply  to  this,  I  remark  that  this 
balance  was  paid  to  Governor  Lumpkin,  under  the  advice  of  Mr. 
Buller,  then  Attorney  General  of  the  Uniled  .States,  It  may  not 
be  amiss  to  refer  to  his  letter.     Being  short,  1  will  road  ii  : 

,         ,  ,:,  ■'.^TrilllNKV    GkNLP.AL's    tJl-HUt;, 

JJarrli  111,  l.i:i(;. 
Sir:  The  advances  to  the  governor  of  fJcorgia,  under  the  acts  of  tlielld  of  iMarch 
1821,  Tib  of  May,  1?'32,  aiilh  May,  lSi4,  and  the  'i:Mi  of  May,  IHSfi,  referred  to  in' 
your  communication  of  the  Ititli  ultimo,  were  no  doubt  made  lo  tlieiii,  as  the  repte 
sentatives  and  rightful  agents  of  tfie  f<tatc  of  Gfori^iii,  to  which,  bv  the  treaty  of 
1921,  Ibe  moneys  in  question  were  to  be  paid.  The  payment  of  the  money  lo  tlio.e 
oflRceis  was,  to  the  extent  of  the  funds  whiidi  came  to  their  hands,  a  discharge  of  the 
engagement  entered  into  by  the  Uniled  Slates,  who  were  not  bound  to  see  the  appli 
cation  of  Ihe  moneys  so  paid.  For  Ihe  like  reason,  they  have  no  right,  m  my  opinion, 
to  require  an  account  of  the  disposition  of  those  moneys. 

B    K,  liHTLEE. 
Lewis  C-\ss,  Secretanj  of  H'ar.^^ 

Mr.  UNDERWOOD.— r  would  be  glad  if  the  Senator  would 
state  whether  Georgia  paid,  after  the  receipt  of  this  money  by  the 
governor,  any  of  the  claims  that  had  not  been  acted  upon  ? 

Mr.  JOHNSON. — I  am  not  able  to  inform  the  Senator,  from 
any  personal  knowledge  I  have  of  the  subject.  These  were  trans- 
actions which  occurred  before  I  had  any  connexion  with  public  af- 
fairs. But  I  will  undertake  lo  express  the  confident  opinion  that 
the  fund  was  faithfully  disbur.sed  in  payment  of  bona  fide  claims  of 
citizens  of  Georgia.  I  have  not  a  doubt  of  it.  Indeed,  we  are  lo 
presume  this,  even  in  the  absence  of  any  evidence  whatever.  It 
is  not  to  be  su|iposed  that  a  hii;h  functionary,  like  that  of  the  E.x- 
ecutive  of  Georgia,  would  have  failoil  to  appropriate  faithfully  the 
money  thus  received  from  the  federal  government. 

But,  sir,  let  it  bo  admitted,  for  the  sake  of  argument,  that  Ihe 
award  of  the  first  commissioner  was  teelinically  conclusive,  ami 
that,  therefore.  Congress  had  no  right  to  open  it.  Let  it  be  fur- 
ther admitted  that  technically  the  Indians  were  ciilitlcd  to  ihe  ba- 
lance after  ]»aying  the  amount  so  .awarded.  Still,  if  substantial, 
justice  has  been  done.  If,  after  all,  llic  fund  has  been  disbursed 
in  payment  of  bona  fide  claims  lor  which  it  was  designed,  these 
Indians  have  no  right  to  complain.     They  did  not  demund  this  ba- 


lance for  the  space  of  seven  years — set  up  no  claim  to  it  whatev- 
er— Georgia  protested  against  the  award  from  the  time  ol'its  ren- 
dition— alleged  that  there  were  many  valid  claims  rejected  by  the 
commissioner,  and  claimed  the  reopening  of  the  commission. — 
Upon  a  full  and  calm  consideration  of  ail  the  facts.  Congress,  by 
a  deliberate  act,  did  authorize  the  re-opening.  The  money  has 
been  paid  out  faithfully  by  the  State  of  Georgia,  though  per- 
haps not  in  rigid  conformity  to  the  mode  designated  by  the  con- 
traciing  parties.  It  has  been  paid  for  the  object  for  which  the 
Creeks  were  willing  it  should  be  paid.  Substam  iai  justice,  there- 
fore, has  been  done.  The  money  had  been  faithfully  and  fully  dis- 
bursed. Sir,  in  every  sensible  point  of  view  in  which  this  subject 
can  be  viewed    I  feel  constrained  to  vote  against  this  claim. 

It  seems  to  me,  under  this  view  of  the  subject,  that  there  is,  so 
far  at  least,  doubt  as  to  the  propriety  of  paying  this  money.  The 
Senate  ought  to  Iiesilate,  and  give  the  matter  consideration,  and 
not  inlrothice  it  into  an  appropriation  bill  at  the  very  close  of  the 
session,  when  there  is  not  time  to  investigate  the  merits  of  the 
claim. 

YEAS. — IVIessi^.  Atchison,  Badger,  Baldwin.  Bell,  Cutler,  Davis,  of  Miss.,  Di.\. 
Downs,  Foote,  Greene,  Hale,  Houston,  Hunter,  Johusot..  of  ^H..  Johnson,  of 
l.a,,  Lewis,  Mason,  Miller,  Niles,  Phelps,  Sebastian,   Walker,  and  Yulee.— 23. 

N.W'S, — .Messis.  Allen.  Atiierton,  Benton.  Borland.  Bradbury,  Brcese,  Bright, 
I 'allioun,  Ularke,  ('orwin.  Felch,  Johnson,  of  Ga.,  King,  Itlelcalfe,  Pearce,  Spr^iauce, 
Sturgeon,  Turney,  and  Underwood. — 19.  -' ''     '    • 

So  the  amendment  was  agreed  to. 

Mr.  DOWNS  inoved  further  lo  amend  the  bill  by  adding  the 
following  :  .    ' 

Skc.  -J.  .-liid  be  lifiirtlur  iiimh-tl,  That  the  Secretary  of  the  Treasury  l)e,  and  lie 
is  hereby  required  to  pay,  out  of  any  money  in  Ihe  Treasury  not  otheiwise  appropria 
ted.  lotlie  Creek  nation  of  Indians,  or  to  the  order  of  the  delegation  .of  Indians 
aforesaid,  the  sum  of  fortytliree  thousand  three  bundled  and  thirty-three  doliais 
thirty  Ihree  and  one  lliiid  cents,  w-illi  interest  on  said  amount  at  the  rate  of  five  per 
per  ceul.  per  annum  from  ibe  :ilst  of  December,  lss>9,  until  the  same  shall  be  paid, 
ill  salisfaclion  of  the  claims  of  thirteen  hundred  "Creek  Indian  emigrants."  friends 
and  followers  of  General  Mclnlosh,  who  were  emigrated  to  the  West  in  eighteen 
hundred  and  twentynine,  by  Colonel  Crowell,  onder  the  conduct  and  conlrol  of 
Lulliei  Blake,  as  piovided  ill  the  niuth  article  of  the  treaty  of  twenty-fourth  of  Jan- 
iiaiv,  eigbteen  linudred  and  iwenly-si.v;  Provided,  That  the  persons  lowhomsaid 
iiioiiey  shall  be  paid  sliall  make  proof",  to  the  satisfaction  of  the  President  of  the  Uni- 
ted States,  that  they  have  full  power  to  receive  and  receipt  for  ihe  same;  .rlndpro- 
rtded,  aU'o,  That  said  money  shall  be  paid  only  ou  condition  that  a  release  be  fir.jt 
executed  to  the  United  States  iu  full  of  all  claims  for  principal  and  interest  on  ac- 
count of  the  emigration  of  said  tbiiteen  hundred  Creek  Indians. 

After  debate — 

Mr.  HUNTER,  moved  to  amend  tho-  auiendment  by  striking 
out  the  following  words  ''with  inlerest  on  said  amount  at  the 
rale  of  five  per  cent,  per  annum  from  the  31st  of  December,  1829, 
until  the  same  shall  be  paid." 

Alter  further  debate — ■ 

The  question  being  taken  upon  agreeing  to  the  amendment  to 
the  amendment,  it  was  determined  in  the  affirmative,  as  follows  : 

YI'"A.S. — IMessrs.  Allen,  Atherton.  Badcer,  Rell.  Benton,  Borland,  Bradbury, 
Biee-e,  Bright,  Butler,  Calhoun,  Cameron,  C-orwin,  Davis,  of  itlassachnsetts,  Davis, 
of  Miss,.  Dix,  Douglas,  Felch,  Foote,  Hunter,  Johnson,  of -Md.,  Johnson,  ofGa., 
King,  Mason,  ISIetcalfe,  Miller,  Niles,  Pearce,  Phelps,  Sebastian,  Spruance.  Stur- 
geon. Turney.  aud  Uuiierwood. — 34. 

NAYS. — Messrs.  .\lcljison.  Baldwin,  Clarke,  Dickinson,  Hale,  Hanucgaii,  Hous- 
ton. Johnson,  of  La.,  Lewis,  Walker,  aud  Yulee. — 11. 

Tho  amendment,  as  amended,  was  then  agreed  to. 

Mr.  DIX  moved  further  to  amend  tho  hill  by  inserting  the  fol- 
lowing : 

For  Ihe  construction  and  equipmeut  of  six  revelme  entters,  the  sum  of  ninety  Ihou- 
saiiil  dollars  the  said  sum  to  be  expended  under  the  direction  of  the  .Sccretarv  of  tiie 
Treasury  tor  the  construction  and  equipment  of  the  said  revenue  cuUeis  ;  and  it  shall 
be  the  duty  of  the  Secretary  of  the  Treasury,  before  eommenciug  the  construction  of 
any  levenueeiilter,  to  give  public  notice  for  al  least  thirty  days  in  two  or  more  puh- 
lie  newspapers  published  at  the  city  of.  Washinglon,  aud  iu  such  other  papers  pub- 
lisheil  at  maritime  places  where  ship-biiilding  is  carried  on,  as  he  may  deem  expeiii 
ent  ;  inviting  pioposals  for  mateiials  and  for  building  said  revenue  cniters  lo  be  con- 
st meted  mule'  the  supeiintendence  and  direetiou  of  an  officer  of  the  leveune  serr'iee  ; 
and,  after  opening  thepioposals.it  shall  be  the  duty  of  said  Secretary  to  enter  into 
a  coutiact  with  the  lowest  responsible  bidder  or  bidders  therefor. 

Mr.  DIX  explained,  that  this  addition  to  the  revenue  service 
was  rendered  necessary  in  consequence  of  eight  revenue  steamers 
having  beConae  unfit  for  service  and  withdrawn  from  it. 

Mr.  ALLEN  was  opposed  to  the  amendment,  but  he  was  not 
disposed  lo  make  a  speech  al  ihat  late  hour,  and  would  content 
himself  with  calling  for  the  yeas  and  nays. 

The  quesiion  being  taken  on  agreeing  to  the  amendment,  it  was 
determined  in  the  negative,  as  follows  : 

YE.\S — .Messrs.  Atchisou,  .\tlierlon.  Badger,  Baldwin,  Bell.  Benton,  Borland, 
Biadliufy,  Breese,  Butler,  Calhoun,  Claike,  Corwin,  Davis,  of  Massachusetts,  Davis, 
III'  .Vlissis.-i]>]ii.  Dayton.  Uiekiiison.  Dix,  Dodge,  Douglas,  Downs,  Foleli,  Foote.  Hale. 
Haniiegaii.  Houston.  Joliiison  of  Marvland,  Johnson,  of  Jjouisiana,  King,  Lewis, 
iMasou.  .Miller.  .Nilcs,  I'eaiec,  I'helps.  Sebxstian.  Sptuauee,  and  Walker— aS. 

N.-VYS — >Icssrs,  .\llen.  Bright.  Johnson,  of  Geoigia.  Melcalle,  Sturgeon,  Tomey, 
Underwood,  and  Yulee. — H. 

So  tho  amendment  was  agreed  to. 

Mr.  DOWNS  moved  further  lo  amend  ihe  bill  by  a  provision 
that  the  district  judge  of  Louisiana  should  receive  eight  hundred 
dollars  annuidly  for  certain  extra  services  imposed  upon  him  so 
long  ;is  said  duties  were  rctptired  to  be  performed. 


The    amendment   was   advocated    with 
Messrs.  DOWNS  and  JOHNSON,  of  La. 


much    earnestness    bv 
;  when 


Mr.  UNDERWOOD  moved  that  the  Senate  adjourn. 


August  4. J 


CIVIL  AND  DIPLOMATIC  BILL." 


1001 


And  the  question  being  taken,  it  was  decided  in  the 


follows  : 


negative  as 


f-  fT        "r  .-J-"^^'*"'"'  Badgfii.   Baldwin,  Beutoa.  B,ee.e.   B,ule,     Cla.ke 

Corwm  Dav,,.  of  Mass  Dayton.  Dodge,  G„e„e,  Johnson,  of  Marvla.id  »!>: 
'°°V4vi"'  Metcalfe,  N.les.Pearce,  Phelps,  Turney,  (JnderwoJ.l,  and  ^alke  i^. 
NAYb.-Mesirs.  Alleu,  Athenon,  Bell,  Borlan.l,  Brighl,  Davis  of  .Hiss  Dick- 
inson. D,x,  Donglas.  Downs,  Felch.Foote,  Hale,  Uaunegan,  Hon.lon.  John.on,of 
i°u1e^23  "'"        '"°"'         '"'  "'  '^"■■''""'''"'  Sptuaiicp,  Slurgeon,  and 

Alter  further  debate — 

The  question  was  taken  upon  agreeing  lo  llic  amcmlment  nru. 
posed  by  Mr.  Downs,  and  it  was  determined  in  the  negative. 
So  the  amendment  was  not  agreed  to. 

Mr.  MASON  moved  further  to  amend  the  bill  by  inserting  the 
following  : 

For  payment  to  Joseph  Graham  the  snrn  of  one  thousanii  fotfr  hundred  and  sixty 
dollars,  and  to  George  Lee  Brent  the  sum  of  two  thousand  one  hundied  and  fifteen 
dollars,  in  full  c-omjiensation  for  their  services  and  expenr-'ci  as  special  agents  and  bear- 
ers of  despatches  from  Buenos  Ayres  to  Parai'nay.  in  the  year  1846.  on  a  tnisiion  in 
stitoted  by  the  charce  d'atfaires  of  the  United  States  at  Buenos  Ayres.  to  offer  the 
mediation  of  the  UnitetlSutes  to  ad  jnst  and  settle  hostilities  then  (lending  between 
the  Argentine  Confederation  and  tlie  State  or  Province  of^  Paraguay. 

The  amendment  was  agreed  to. 

Mr.  HAJVNEGAN  moved  to  amend  the  bill,  at  page  44,  in  the 
1071st  lino,  by  inserting  an  appropriation  of  $4,497  37  to  pay  Com- 

30th  Cong. — 1st  Session — No.  126. 


modore  James  Biddle  for  diplomatic  services  as  acting  commis- 
sioner to  China. 

After  a  protracted  debate,  in  which  Messrs.  Haix.  Hannega.v, 

Dattton,  Badger,  and  Allic.v,  took  part- 
Mr.  HALE   moved    to    amend    the   amendment  by  addio"  iho 

words,  '   deducting  therefrom  his  pay  as  captain;"  which  w.i",  nnr 

agreed  to. 

After  further  debate,  ia  which  Messrs.  Downs,  Niles  invi« 
of  Massachusetts,  King,  Bkeese,  Badger,  Ha.nnegan,  and 
Pearce,  look  part — 

The 

it  was 

YEAS-Messr..  Badger.  Baldwin,  Clarke,  Corwin.  n.v.,  .  „r  IMuudiDiMU 
Haniiegan.  John.on,  ol  Maryland.  Jolin.on.  of  I  ~^.-u.. 

NAYS— .Messrs.  Allen,    Aibertou,  li.nlon.  Bor 


question  was  taken  upon  agreeio"  to 
determined  in  the  negative,  as  folTows 


the  amendment,  and 


_-._ L-.^^,j.  ...ivii,    inm-iiuii,  iii-iiiun.    n 

Davis,   of  Mississippi,    Dayton.    Dlckinion,   DiT. 

I'oole.  lUle,    Hauifin,   Houston,  Johoson.ofGeoigia    Knij     Mn.on.  M«c-«ir.'.~Mii 


Hie««e,    Brtfht. 
^elcl. 


liownf.  Felcli. 


_^>         '  *'«'"""»■'.  bptuanee,  Slutgcun,  Tutpey,  Undetwuo'l  Walk«i,  and  YoIm. 

So,  the  amendment  was  not  agreed  to. 

On  motion. 
The  Senate  adjourned. 


1002 


PETITIONS,  BILLS,  ETC. 


[Saturday, 


SATURDAY,  AUGUST  5.  1848. 


I'E'rrnoNs. 

Mr.  DAVIS,  111'  Massachusetts,  prpsfiitrj  a  memorial  ol'  W. 
Hamilton  and  others,  praying  the  puichasc  of  Mount  Vernon  by 
the  novernnient. 

Ordered,  That  it  lie  on  the  table. 

Mr.  DAVIS,  of  Massachusetts;  presented  tlie  menaorial  of  the 
legal  representative  of  A.  H.  Everett,  deceased,  praying  to  be  al- 
lowed, in  the  settlement  of  his  acenunts,  certain  items  for  otBce 
rent,  expenses,  and  dillercnce  of  excliangc;  which  was  referred  to 
the  Committee  on  Foreign  Relations. 

Mr.  HANNEGAN  presented  the  memorial  of  Charles  E.  An- 
derson, late  secretary  of  legation  at  Paris,  praying  to  be  allowed 
the  pay  of  a  Charge  des  Affaires  during  the  time  that  he  per- 
formed the  duties  of  that  office. 

Ordered,  That  it  lie  on  the  table. 

HOUR  OF  MEETING. 

On  motion  by  Mr.  BENTON,  it  was 
Ordered,  That  on  and  after  Monday  next,  the  Senate  will  uieet 
ftt  11  o'clock  in  the  morning. 

THE  OREGON  HILL. 

Mr.  DOUGLAS,  from  the  Committee  on  Territories,  to  whom 
was  referred  the  bill  from  the  House,  for  the  establishment  of  a 
Territorial  Government  in  Oregon,  reported  it  with  amendments, 
and  gave  notice  ihat  he  should  call  up  the  bill  lor  consideration, 
on  Monday  next,  at  twelve  o'clock,  for  which  hour  he  asked  that 
it  might  be  made  the  special  order;  which  was  agreed  to. 

The  amendments  were  ordered  to  be  primed,  and  are  as  fol- 
lows: 

Page  8,  line  11,  after  the  word  '■efiect."  insert  ''Provided,  That 
no  act  of  the  Territorial  Legislature  shall  become  a  law  until 
approved  by  (he  Governor." 

Page  17,  line  1,  after  the  word  "that,"  insert,  "inasmuch  as 
the  said  territory  is  north  of  the  parallel  of  36  '  30'  of  north  lati- 
tude, usually  known  as  the  'Missouri  compromise.'  " 

Page  19,  lines  22,  23,  strike  out  the  words  "2,500  dollars,"  and 
insert  "the  highest  amount  now  allowed  to  a  member  of  Con- 
gress from  any  State  of  the  Union." 

Page  23,  section  24,  line  5,  strike  out  the  words  "at  Nisijual- 
ly,"  and  insert  "in  Puget's  Sound." 

widows'  pensions. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  was  referred  the  bill  to  revive  a  portion  of  an  act 
for  the  relief  of  the  widows  of  deceased  soldiers,  reported  it  with 
an  amendment. 

BOUNDARY  BETWEEN  THE  UNITED   STATES  AND  MEXICO. 

Mr.  HANNEGAN,  from  the  Committee  on  Foreign  Relations, 
reported  a  bill  to  provide  for  carrying  into  eQ'ect  the  fifth  article 
of  the  treaty  between  the  United  Slates  and  the  Republic  of  Mex- 
ico, for  establishing  the  boundary  line  between  the  same;  which 
was  read  the  first  and  second  l,imes,  by  unanimous  consent,  and 
considered  as  in  Committee  of  the  Whole. 

On  motion  by  Mr.  HANNEGAN,  it  was 

Ordered,  That  the  further  consideration  of  the  bill  be  postpon- 
ed until  Monday  next. 

ADVERSE    REPORTS. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, submitted  adverse  reports  on  the  jietitions  of  Sarah  Tyler, 
of  John  Slaner,  and  o(  Nancy  Jillson  ;  which  were  ordered  to  be 
printed. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered,  That  the  Committee  on  Pensions  be  discharged  from 
the  further  consideration  of  the  petition  cjf  Amaziah  Goodwin. 

PRIVAT'?    BILL. 

Mr.  SEBASTIAN,  from  the  Committee  on  Private  Land 
Claims,  to  whom  was  referred  the  liill  from  the  House  for  the  re- 
lief Shadrach  Gillett  and  others,  reported  it  without  amend- 
ment. 

The  Senate  proceeded  to  consider   said  lull,  as  in  Comnuttce  of 


the  Whole,  and  no  amendment  being  made,   it  was  reported  to  the 
Senate. 

Ordered,  That  it  pass  to  a  third  reading. 
The  said  bill  was  read  a  third  time. 
Resolved,  Tliat  Ihey  concur  therein. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

BARliUE  MARY  THERESA. 

Mr.  DIX,  from  the  Committee  on  Commerce,  to  whom  was  re 
ferred  the  bill  from  the  House  of  Representatives  authorizing  the 
issuing  of  a  register  to  the  barque  Mary  Theresa,  reported  it  with- 
out amendment. 

The  Senate  proceeded  to  consider  said  bill,  as  in  Committee  of 
the  Whole,  and  no  amendment  being  made,  it  was  reported  to  the 
Senate. 

•     Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Itesolceil.  Tliat  this  hill  pa^s. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

OVERFLOWED    LANDS    IN    ARKANSAS. 

On  motion  by  Mr.  BORLAND,  the  prior  orders  were  postpon- 
ed, and  the  Senate  proceeded,  as  in  Committee  of  the  Whole,  to 
the  consideration  of  the  bill  to  grant  to  the  State  of  Arkansas  cer- 
tain unsold  lands  subject  to  overflow,  for  purposes  of  internal  im- 
provement, education,  and  for  other  purposes. 

Mr.  BORLAND  explained,  that  there  was  about  4,807,000 
acres  of  land  of  this  description  in  the  State  of  Arkansas,  which 
were  entirely  useless,  and  without  value  in  their  present  condition. 
Before  they  could  be  brought  into  cultivation,  an  embankment 
must  be  made.  In  the  hands  of  the  State  this  would  be  accom- 
plished, and  some  important  public  works  would  be  completed 
without  application  for  aid  to  the  general  government. 

Mr.  JOHNSON,  of  Maryland,  asked  what  was  the  quantity  of 
lands  of  this  description  in  the  adjoining  States,  as  well  as  in  Ar- 
kansas. 

Mr.  BORLAND  replied,  that  the  total  amount  was  about  twen- 
ty-four millions. 

Mr.  CALHOUN  thought  that  the  general  government  ought 
to  do  something  for  the  purpose  of  reclaiming  this  immense  mass 
of  unsaleable  and  useless  lands.  He  had  reported  a  bill  for  the 
purpose,  and  he  hoped  this  matter  would  not  bo  pressed  until  ho 
could  call  up  his  bill,  which  he  would  do  next  session. 

Mr.  YULEE  thought  there  might  be  some  doubt  as  to  the  pow- 
er of  the  government  according  to  the  view  of  the  Senator  from 
South  Carolina.  The  best  way  would  be  to  pass  this  bill,  to  only 
a  portion  of  which  he  had  any  objection. 

Mr.  WESTCOTT  stated  that  there  were  four  millions  of  acres 
of  land  similar  in  their  character,  in  Florida,  and  he  was  glad  to 
find  that  there  was  some  prospect  of  their  being  reclaimed  and 
made  of  value.     He  hoped  the  condition  would  be  stricken  out. 

Mr.  YULEE  moved  to  strike  out  the  conditions  by  which  the 
State  bound  herself  to  a  certain  specified  disposition  of  the  pro- 
ceeds. 

Mr.  NILES  felt  some  alarm  at  the  extent  of  the  donation. 

On  motion  by  Mr.  ATHERTON,  the  bill  was  laid  on  the  table 
for  the  present. 

MESSAGE    FROM    THE    HOUSE. 

The  lollowing  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Campbell,  their  Clerk  : 

Mr.  Presidenl  :  The  House  of  Representatives  have  passed  the  bill  from  the  Sen- 
ale  lor  the  relief  of  James  M.  Scantland. 

CIVIL   AND    diplomatic   BILL. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  con- 
sideration of  the  bill  making  appropriations  for  the  civil  and  diplo- 
matic expenses  of  the  government  for  the  year  ending  the  30th  of 
June,  iS49. 

Mr.  HANNEGAN  moved  to  amend  the  bill  by  inserting,  after 
the  1071st  line,  the  following  :  ''  For  compensation  to  Stanhope 
Provost,  consul  of  the  United  States  at  Lima,  for  diplomatic  ser- 
vices rendered  in  the  absence  of  the  charge  d'allaires  from  that 
country,  the  sum  of  one  thousand  eight  hundred  dollars." 

The  amondmeiit  was  agreed  to. 


August  5. J 


CIVIL  AND  DIPLOMATIC  BILL. 


1003 


Mr.  HANNEGAN  moved  farther  to  amend  the  bill  by  inserting 
a  clause  appropriating  "for  compensation  to  Charles  E.  Anderson 
for  services  as  acting  charge  d'affaires  at  Paris  during  the  absence 
of  the  United  States  minister,  $1,()66  67." 

Mr.  UPHAM  asked  vphere  General  Cass  was  at  this  time  ? 

I\Ir.  HANNEGAN.— On  an  excursion  to  the  Hijiy  Land. 

Mr.  MILLER  said  this  was  the  first  case  of  an  application  for 
extra  pay,  while  the  minister  was  only  temporarily  absent  on  an 
excursion. 

Mr.  HANNEGAN  believed  it  had  been  always  t-ustomary  to 
make  such  an  allowance. 

Mr.  KING  said  that  no  such  practice  had,  within  his  knowledge 
prevailed.  It  certainly  was  not  so  in  his  case,  and  he  had  been 
sometimes  absent  from  Paris  for  a  nfjjnth  or  two,  visiting  various 
parts  of  the  continent  for  recreation.  He  thought  the  precedent 
a  dangerous  one. 

After  a  few  words  from  Mr.  DAYTO^  and  Mr.  MASON— 

Mr.  HANNEGAN  said  he  had  merely  presented  the  amend- 
ment for  consideration.  It  was  for  the  Senate  to  decide  as  to  its 
adoption  or  rejection. 

The  amendment  was  not  agreed  to. 

Mr.  HANNEGAN  moved  further  to  amend  the  bill  by  insert- 
in"  the  following  :  "  For  compensation  to  William  M.  Blackford, 
a«  charge  d'affaires  of  the  New  Grenada,  the  sum  of  one  thous.ind 
one  hundred  and  twenty  live  dollars,  being  the  usual  return  allow- 
ance to  charges  des  affaires  to  foreign  courts. 

The  amendment  was  agreed  to. 

Mr.  ALLEN  moved  further  to  amend  the  bill,  by  adding  a  sec- 
tion  requiring  the  Secretary  of  State  to  pay  to  J.  B.  Brown,  Dra- 
•  goman  at  Constantinople,  the  difference  between  his  salary  as  Dra- 
goman and  minister  or  charge  des  affaires,  during  the  time  he 
acted  as  minister.  ,    (.n. '. 

Alter  a  brief  debate,  in  whioU  Messrs.  ALLEN,  KING,  ATH- 
ERTON,  and  BADGER  took  part,  the  question  was  taken  upon 
agreeing  to  the  amendment,  and  it  was  determined  in  the  nega- 
tive. 

So  the  amendment  was  not  agreed  to. 

Mr.  UNDERWOOD  moved  further  to  amend  the  bill  by  insert- 
ing the  following  :  "  For  paying  Joshua  Dodge,  late  special  to- 
bacco agent  of  the  United  States  to  the  various  governments  ot 
Europe,  four  thousand  live  hundred  dollars,  in  full  compensation 
for  his  services,  and  for  contingent  and  other  expenses  incurred  by 
him  during  the  period  of  his  tliree  missions  as  said  special  tobacco 
anent,  and  for  services  rendered  to  the  tobacco  interest  of  the  Uni- 
ted States." 

After  a  brief  debate — 

The  amendment  was  agreed  to. 

Mr.  HANNEGAN  moved  further  to  amend  the  bill  by  insert, 
ing  the  following  :  ''  For  the  expenses  of  running  and  marking  the 
boundary  line  between  the  United  States  and  Mexico,  and  paying 
the  salaries  of  the  officers  of  the  commission,  a  sura  not  exceeding 
fifty  thousand  dollars." 

The  amendment  was  agreed  to. 

Mr.  JOHNSON,  of  Maryland,  moved  further  to  amend  the  bill 
in  the  701st  line,  by  adding  ;."  This  sum  heretofore  carried  to  tho 
surplus  fund  from  an  appropriation  for  the  survey  of  the  coast  Ironi 
Apalachicola,  Florida,  to  the  mouth  of  the  Mississippi,  and  now 
reappropriated,  four  thousand  and  seventy  dollars." 

The  amendment  was  agreed  to. 

Mr.  DAVIS,  of  Massachusetts,  by  direction  of  the  Committee 
on  Commerce,  moved  further  to  amend  the  bill  by  inserting  an 
appropriation  of  ten  thousand  five  hundred  dollars  to  reimburse 
the  New  York.  Boston  and  Providence  Rail  Road  Company,  and 
New  Jersey  Steam  Navigation  Company,  for  the  expenses  of 
maintaining  a  light  boat  on  Eel  grass  shoals. 

Tho  amendment  was  agreed  to. 

Mr.  YULEE,  by  direction  of  the  Committee  on  Naval  Affairs, 
moved  further  to  amend  the  bill,  by  inserting  the  following:  "For 
rent  of  additional  olSces  and  fuel,  for  the  Navy  Department,  three 
thousand  dollars.'' 

The  amendment  was  agreed  to. 

Mr.  YULEE  moved  further  to  amend  the  bill,  on  page  19,  line 
445,  by  insertina  the  following:  •'Provided,  That  when  a  captain 
in  the  navy  sliall  be  the  chiefof  the  bureau,  he  shall  receive  the 
the  same  pay  to  which  he  would  be  entitled  if  upon  other  duty. 

The  amendment  was  agreed  to. 

Mr.  YULEE  moved  fm-ther  to  amend  the  bill  by  inserting  an 
appropriation  of  four  thousand  dollars  towards  the  construction  of 
a  large  telescope  at  the  Washington  Navy  Y'ard. 

After  a  brief  debate, 

The  amendment  was  disagreed  to. 

^n.niijn.'.  7i99iT)  pi:^,ir  ■ 


Mr.  DIX  moved  further  to  amend  the  bill,  on  page  20-,  after 
line  474,  by  inserting  the  following  :  "  For  payment  of  exjM-nses 
of  frigate  Macedonian  whilst  employed  under  aVesolutiun  of  Con- 
gress in  carrying  provisions  to  lro[and,  such  sum  (not  exceeding 
sixteen  thousand  dollars)  as  the  accounting  olhcers  of  ihc  Treasu- 
ry charged  with  settling  tho  accounts  of  the  navy,  under  the  direc- 
tion of  the  Secretary  of  the  Navy,  may  find  to  have  been  actually 
paid  by  the  commander,  making  no  allowance  for  his  pay,  which 
he  declines  to  receive,  and  deducting  from  the  whole  amount  paid 
by  him  the  earnings  of  the  ship." 

After  a  debate,  in  which  Messrs.  BRIGHT,  DIX,  WESTCOTT 
MILLER,  YULHE,FOOTE,  DA  VTON,PK.\KCE,B.\DGEK 
BUTLER,  ALLEN,  PHELPS,  HOUSTON,  DICKINSON, 
NILES,  and  MANGUM,  look  part— 

The  amendment  was  agreed  to. 

Mr.  MASON  moved  further  to  amend  the  bill  by  inserting  the 
following  :  "  For  paying  to  Thomas  Jefferson  Randolph,  executor 
of  Thomas  Jellcrson,  deceased,  the  sum  of  iwenly  ihons:inJ  dol- 
lars, for  all  the  papers  and  manu.scripts  of  the  said  Thomas  Jef- 
ferson: Provided,  Thai  said  1'.  (i.  Ramlolph  shall  dcpo.site  ail 
the  said  papers  and  manuscripts  of  a  public  nature  in  the  Slate 
Department,  and  execute  a  conveyance  the/cof  to  tho  United 
States. 

"For  printing  and  publishing  the  said  papers  and  manuscripts, 
the  sum  of  six  ihousnnd  dollars,  or  so  much  thereof  as  may  he  ne- 
cessary :  Provided,  The  said  printing  and  publishing  be  done  un. 
dor  the  aulhorily  of  the  Joint  Committee  on  llie  Library,  llie  whole 
or  any  part  thereof  to  be  printed  as  the  said  committee  may  di- 
rect." 

Mr.  MASON  briefly  advocated  the  amendment. 

Mr.  PE.4RCE  concurred  with  tho  Senator  from  Virginia,  in 
what  he  had  said,  and,  with  his  permission,  would  submit  a  modi- 
fication of  the  amendment  by  adding  the  following  :  "  And  a  like 
sum  for  the  purcbasc  and  printing  under  the  same  conditions  of 
the  |iapers  and  manuscripts  of  the  late  Alexander  Hamilloa." 

Mr.  MASON  accepted  the  modification.  He  was  not  acquainted 
with  the  character  of  the  papers,  but  he  was  well  aoipiainted  with 
the  character  of  Alexander  Hamilton,  and  shonld  vote  for  the  pur- 
chase of  bis  papers  most  cheerfully. 

Mr.  ATHERTON  was  opposed  to  tho  insertion  of  th«  amend 
mem  in  this  bill.     It  ought  to  be  considered  in  a  separate  bill. 

After  debate,  in  which  Mcs.'rs.  CALHOUN,  HUNTER. 
JOHNSON,  of  Man-land,  PEARCE,  ATHERTON,  KING, 
BREESE,  and  others  took  part,  the  qiieslion  wns  taken  upon 
agreeing  to  the  amendment,  as  modified,  and  it  was  determined 
in  the  affirmative,  as  follows  : 

YR.\P. — Mc.sr>  B.-.(lKfr,  Itiiliiwin,  Borlaml.  rLirke.  Cofwin.  Dayton.  D<Ml£(>. 
Downs,  Fpote.  (irtwnf,  Uannc^iin,  lion-ton.  Hunter,  Jolin^un.  of  .Mil..  Jnhn^on,  of 
I.onisinna,  Kins,  Manguni,  Sla-«on,  Metcalle,  Miller,  l*eniw?,  Piielin,  Scbattian, 
SoruancP,  aiiJ  Upliam — -5. 

NAYS. Messrs.  Allen.    Alclii^on,  .\llicrton.  Breeze.  Briglit,  Butler.   Calhoun. 

Davis,  of  Mississippi,  Dickin^n,  Dix.  Felcb.  Fiuevralil,  Hale,  llnmltn,  Jolin^oo,  of 
Georgia,  Niles,  Slurseon,  Turacv,  Walker,  and  Yulee— ■-•«. 

So  the  amendment,  as  modified,  was  agreed  to. 

Mr.  BENTON  moved  further  to  amend  the  bill  by  striking  oiu 
the  following  clause  :  "  For  payment  of  the  first  v<dumo  of  the 
fifth  series  of  the  Documentary  iHistory,  under  contract  with  the 
Secretary  of  State,  twenty-four  thousand  three  hundred  and  twen- 
ty-seven dollars. 

After  debate,  tho  question  was  taken  on  agreeing;  to  the  motion 
to  strike  out,  and  it  was  determined  in  the  affirmative,  as  follows  : 

YEA.--.— Messrs.  .\IIen,  Alcltison,  Benton,  Borland,  Bradbor},  Bree^,  Bright. 
Calliouii,  Dtivis,  of  Miaissippi.  Dickinson,  Dn,  Ooil^e,  Downs,  Felcli,  Filisenlil. 
Hamlin,  Jolinson,  of  Georgia,  Kiuy,  Lewis,  Nilcs,  Sebastian,  Sturgeon,  Turney. 
Wallver.  anil  Yulee— 2j.  _...„,,       „       .      w    .        -    . 

NAY?.— .Me«rs.  Atlierton,  BnJger.  Baldwin.  Clarke.  Corwin.  Davis,  of  Mas- 
sachusetts, Dayton,  Fpote,  Gwepe,  Ilouslon,  Jolinu>n,  of  Mnr>-laDd,  Johotoo,  of 
l.K)ui£ian3,  Miller,  P^-arca  auii  Upliam— 15. 

Mr.  BORLAND  moved  further  to  amend  the  bill  by  inserting 
an  appropriation  of  thirty  thousand  dollars  for  continuing  and  com 
pleling  the  surveys  and  explorations  of  J.  C.  Fremont  in  Oregon 
and  California. 

The  amendment  was  agreed  to. 

Mr.  DICKINSON  moved  further  to  amend  the  bill  by  inserting 
an  appropriation  to  pay  for  advertising  deserters  in  the  Nnliona 
Police  Gazette,  such  sum  not  exceeding  three  thousand  dollars, 
the  Secretary  of  War  m;iy  direct. 

After  further  debate — 

The  amendment  was  disagreed  to.    Ayes  9,  Noes  27. 

Mr.  JOHNSON,  of  Maryland,  moved  further  to  amend  thebil 
by  inserting  an  appropriation  to  pay  Joseph  H.  Warren,  for  his 
services  as  clerk  in  th»  office  of  the  Solicitor  of  the  Treasury, 
while  rated  as  a  messenger. 

After  debate— I     i'l:- 

The  amendment  was  not  agreed  to. 

Mr.  MILLER  moved  further  to  amend  the  bill,  by  insertingc 
following  :    "  For  repairing  that  portion  of  the  City  Hall  nowjs. 
cupied  by  the  courts  of  tU«  Uuited  States,  five  thousand  dollar* 


1004 


CIVIL  AND  DIPLOMATIC  BILL. 


[Satueday, 


Provided,  That  the  corporation  of  the  city  of  Washington  shall 
appropriat*  a  like  amount  for  their  half.'" 

The  amendment  was  nut  agreed  to. 

Mr.  BENTON  moved  further  to  amend  the  bill,  by  inserting  the 
following  :  "  For  compensation  to  Dr.  Torry,  of  Princeton,  New 
Jersey,  for  his  services  in  classifying  and  superintending  the  en- 
graving, and  defraying  the  expenses  of  engraving  the  botanical 
speoim'ens  brought  us  from  California,  Oregon,  and  the  West,  by 
J.  C.  Fremont,  the  sura  of  $4,000." 

The  question  being  taken  on  agreeing  to  the  amendment,  it  was 
determined  in  the  negative,  as  follows  : 

YE.\S.— Messrs,  Bell,    Borland,   Brecse,  Dayton,  Johnson,  of  La,,  Miller,    and 

VaYS— Messrs.  Allen,  Atchison,  Alherlon,  BaJser,  Berrien, 'Brieht.  Boiler, 
ralhooii,  Clarke,  Corwin,  Davis,  ol  Ma5sii..liiisetts,  Davis,  of  Mississippi,  Diikm- 
son  Di.\  DoU"las,  Felch,  Hannegan,  Hoiision,  Hunter,  Johnson,  of  Mil.,  Johnson, 
of  Georgia.  \£m«,  Lewis,  Mason,  Metcalfe,  Sehastian,  Sprnance,  Sturgeon,  Tni. 
ney,  ami  Walker— llOl 

So  the  amendment  was  not  agreed  to. 

Mr.  HANNEGAN  moved  further  to  amend  the  bill,  Ijj'  inserting 
the  following  :  "  For  compensation  to  Robert  P.  Boyd,  in  lieu  of 
his  present  compensation,  forty  dollars  per  month,  as  watchman 
of  the  Post  Office  Department." 

The  amendment  was  agreed  to. 

Mr.  SEBASTIAN  said  he  had  an  amendment  to  ofl'er  which 
would  probably  give  rise  to  discussion.  He  therefore  moved  that 
the  Senete  adjourn. 

The  motion  was  not  agreed  to. 

Mr.  SEBASTIAN  then  moved  an  amendment  that  the  sum  of 
fifty  thousand  dollars,  held  by  the  government  in  trust  for  the  old 
settled  party  of  the  Cherokee  nation  be  paid  over  to  the  chiefs  or 
agents  of  that  party  for  such  creditors  as  have  substantiated  their 
claims. 

After  debate  — 

The  amendment  was  not  agreed  to. 

Mr.  HANNEGAN  moved  further  to  amend  the  bill  by  inserting 
the  following  :  '-For  compensation  to  a  door-keeper  for  the  Presi- 
dent of  the  LTnited  States  six  hundred  dollars." 

Mr.  HANNEGAN  explained  that  the  President  paid  the  ex- 
penses of  a  door-keeper  out  of  his  own  pocket.  Martin  who  was, 
well  known  to  the  members  as  the  obliging  incumbent  of  that  post, 
received  but  twenty  dollars  a  month  on  which  to  support  a  large 
family. 

Mr.  YULEE  moved  to  amend  the  amendment  by  adding  a  mes- 
senger at  the  same  salary. 

Mr.  DAVIS  of  Mississippi  asked  if  the  President  was  privy  to 
this  application. 

Mr.  HANNEGAN  replied,  certainly  not.  So  far  from  it  the 
President  had  dismissed  his  messenger  for  having  had  a  memorial 
presented  to  the  Senate  asking  an  increase  of  compensation.  He 
had  urged  the  President  to  rc-instate  him.  It  was  not  for 
the  President,  it  was  for  the  faithful  men  that  he  asked  for  this  ap- 
propriation. 

After  further  debate,  the  (juestion  was  taken  on  agreeing  to  the 
amendment  and  determined  in  the  negative,  as  follows  : 

YEAS— Messrs  Batlger,  Utiliiwin,  Borianil,  Buller,  Douglas,  Greene,  Hale,  Haii- 
ne-au    Houston,Johnson,of  Maivland,  Niles,  Sebastian,  Wcslcott,  and  Ynlee— i.i. 

JjAYS— Messrs.  Allen,  Atchison  Atlierton,  Bell,  Berrien,  Bright,  Davis,  of  Mas- 
sachuselK  Davis,  of  Mississipjii.  Davlou,  Dickinson,  Di.t,  Downs,  Felcli,  Foote, 
Hamlin,  Johnson,  of  Louisiana,  Jolin-on,  ot  Oeorgia,  King,  Melcalfe,  Mdler,  Spra- 
auce,   Tnniey   and  Walker. — '.i:I. 

So  the  amendment  was  not  agreed  to. 

Mr.  FELCH  moved  further  to  amend  the  bill  by  inserting  the 
following  ;  "For  repairs  of  the  court-house  at  Detroit,  by  William 
H.  Noyps,  three  hundred  and  fifty-five  dollars  and  thirteen  cents." 

Mr.  CLARKE  inquired  why  these  repairs  had  not  been  paid 
tor. 

Mr.  FELCH  replied  that  it  was  not  one  of  that  class  of  ex- 
penses which  the  Treasury  thought  they  were  authorized  to  pay. 

Mr.  WESTCOTT  suggested  a  modification  of  the  amendment 
so  as  to  read  as  follows  ;  "For  reiiairs  of  the  United  States  court- 
house at  Detroit,  heretofore  made  by  William  R.  Noyes,  under 
the  direction  of  the  marshal,  such  amount  as  the  Treasury  decide 
js  duo. 

Mr.  FELCH  accepted  the  modification,  and  the  question  being 
taken  on  agreeing  to  the  amendment  as  modified  it  was  determin- 
ed in  the  affirmative. 

So  the  amendment  was  agreed  to. 

Mr.  ATHERTON  moved  furthej  to  amend  the  bill  on  page  19 
by  striking  out  -'five  thousand  eight  hundred,"  and  inserting  ''nine 
thousand  three  hundred,"  so  as  to  conform  to  the  estimates  and 
provide  for  the  salary  of  the  chief  of  tlio  bureau  of  provisions  and 
clothing. 

The  amendment  was  agreed  toj 


Mr.  WALKER  moved  further  to  amend  the  bill  by  striking  out 
the  appropriation  of  one  hundred  thoiasand  dollars  for  the  purchase 
of  a  site  for  the  custom  house  at  Charleston,  South  Carolina. 

After  a  debate,  in  which  Messrs.  WALKER,  BUTLER,  AL- 
LEN, DIX,  ATHERTON,  and  DAVIS,  of  Massachusetts,  took 
part — 

The  amendment  was  disagreed  to. 

Mr.  WA.LKER  moved  further  to  amend  the  bill  by  striking  out 
llie  appropriation  for  the  improvement  of  the  streets  and  avenues 
in  the  city  of  Washington. 

The  amendment  was  disagreed  to. 

Mr.  YULEE  renewed  his  amendment  appropriating  four  thoa- 
sand  dollars  towards  the  construction  of  a  telescope  of  the  largest 
size  at  Washington  nav-y  yard,  with  a  proviso,  that  the  total  cost 
should  not  exceed  sixteen  thousand  dollars. 

Mr.  YULEE  read  a  letter  from  Lieutenant  Maury  on  the  sub- 
ject. '  ;' 
The  amendment  was  disagreed  to. 

No  further  amendment  being  made,  the  bill  was  reported  to  the 
Senate. 

The  question  being  on  concurring  in  the  amendments  agreed  to 
in  Committee  of  the  Whole — 

Mr.  BALDWIN  asked  that  the  amendment  appropriating  fifty 
thousand  dollars  to  pay  the  claim  of  the  Spanish  government  for 
the  Amistad  negroes,  be  reserved  for  a  separate  vote. 

Mr.  JOHNSON,  of  Georgia,  asked  that  the  amendment  for  the 
)tayment  of  the  Creek  Indians,  be  reserved  for  a  separate  vote. 

Mr.  BERRIEN  asked  that  the  amendment  striking  out  the  ap- 
propriation for  the  Savannah  river,  be  reserved  for  a  separate  , 
vote,  and  that  action  be  postponed  on  it  until  he  should  have  an 
opportunity  of  being  heard.  He  had  been  necessarily  absent  when 
the  amendment  was  under  consideration.  It  was  a  question  of 
deep  interest  to  his  constituents,  not  only  in  Savannah,  but  through- 
out the  State  of  Georgia. 

Mr.  JOHNSON,  of  Maryland,  asked  that  the  amendment  ap. 
propriating  thirty  thousand  dollars  for  the  continuation  of  Fre- 
mont's explorations  in  Oregon  and  California,  be  reserved  for  a 
separate  vote. 

The  question  was  then  taken  upon  concurring  in  the  amend- 
ments agreed  to  in  Committee  of  the  Whole,  with  the  exception 
of  those  reserved  for  separate   votes,  and  they  were  concurred  in. 

Mr.  BERRIEN  said  that  he  heard  the  Senator  from  New 
Hampshire  say  that  it  was  not  important  to  get  this  bill  through 
to  night,  owing  to  the  length  of  time  it  would  take  for  engrossing 
it,  and  if  not,  that  they  must  have  another  night  session.  He  had 
travelled  all  night  last  night  and  only  asked,  being  not  now  in  con- 
dition, that  the  question  on  the  Savannah  river  amendment  be 
postponed  until  Monday,  that  he  might  be  heard  on  a  question  so 
important  to  his  constituents.  He  would  occupy  but  a  portion  of 
the  morning  of  Monday,  and  would  then  unite  with  the  Senator 
from  New  Hampshire,  in  bringing  the  bill  to  a  close  without  a 
night  session.  -'^n 

Mr.  ATHERTON  reminded  the  Senator  from  Georgia,  that 
tlie  amendment  had  been  agreed  to  by  a  large  majority  of  the 
Senate,  the  vote  being  thirty-five  to  fifteen.  The  Senator  from 
Georgia  would  do  all  his  duty  to  his  constituents  by  stating  his 
views  now,  and  allowing  the  vote  to  be  taken. 

Mr.  BERRIEN  said  that  he  was  not  in  a  condition  to  address 
the  Senate  now,  and  would  occupy  but  a  small  portion  of  their 
time  on  Monday. 

Mr.  ATHERTON  said  there  was  a  special  order  for  Monday. 

Mr.  BERRIEN  said  there  were  many  special  orders  which 
gave  way  to  unfinished  busines  ;  and  with  the  declaration  that  he 
would  not  delay  final  action  on  the  bill  more  than  one  hour  on 
Monday,  he  moved  that  the  Senate  adjourn. 

The  motion  was  disagreed  to.     Ayes  14,  Noes  19. 

The  question  was  then  stated  on  concurring  in  the  amendment 
appropriating  fifty  thousand  dollars  for  the  payment  of  the  claim 

of  the  Spanish  government. 

Mr.  BALDWIN  moved  to  add  after  the  word  "government" 
the  words  "for  the  Africans  of  the  Amistad,  who  were  declared 
free  by  the  decision  of  the  Supremo  Court  of  the  United  States  ;" 
which  was  not  agreed  to. 

The  question  was  then  taken  on  concurring  in  the  amendment, 
and  it  was  detenmined  in  the  affirmative,  as  follows  : 

YEAS. — Messrs.  Allen,  Atchison,  Atlierton,  Badger,  Bell,  Berrien,  BorlanJ, 
Butler,  Davis,  of  Mississippi,  Davton,  Dickinson,  Douglas,  Downs,  Foote,  Hannegan, 
Hunter,  Johnson,  of  Ijouisiaua,  Johnson,  of  Georgia,  King,  Lewis,  Sebastian,  Tarney. 
Westcott,  and  Yulee. — '24. 

NAYS. — Messrs.  Baldwin.  Benton.  Breese,  Bright,  Clarke,  Corwin,  Davis,  of 
Alassacbusetts,  Dix,  Felch,  l^reeae.  Hale,  ^Hamliu,  Hoaston,  Johnson,  of  Mary- 
land, Miller,  Niles,  Pearce,  Phelps,  Sprnance,  Underwood,  Upham,  and  Walker. 
—29. 

So  the  amendment  was  concurred  in. 

The  (question  was  then  stated  on  concurring  in  tbe  amendment 
appropriating  $141,055  91  to  oertaia  Creek  Indians. 


August  5.] 


CIVIL  AND  DIPLOMATIC  BILL. 


1005 


Mr.  JOHNSON  of  Georgia  desired  to  make  one  or  two  re- 
marks' He  had  no  idea  that  this  money  ousht  to  be  paid.  He 
believed  it  belongpcl  to  the  general  government  even  if  the  arbi- 
tration which  was  had  was  conclusive  between  the  parties.  He 
would  merely  state  that  his  principal  object  was  to  relieve  the 
minds  of  Senators  from  some  doubt  which  had  been  thrown  over 
the  fidelity  with  which  the  State  of  Georgia  had  fulfilli'd  its  duties 
m  relation  to  this  claim.  He  would  send  a  letter  to  the  Secretary 
to  read  from  a  gentleman  of  good  standing,  who  was  acquainted 
with  all  the  facts,  and  who  testified  that  the  money  was  faithfully 
paid  out  by  Governor  Lumpkin,  who  received  it. 

The  Secbetart  read  the  letter,  as  follows  : 

Washington,  Aogast  5ili.  18'(h. 
Hon.  H.   y.  Johnson.  .   -     - 

Dear  Sir  :  In  reply  to  voiir  enquiry  this  momiQi;,  as  to  the  diKtmraement  by  tlie 
?tate  of  Georgin  ot'  the  balance  of  the  fund  reserved  under  the  treaty  of  ihe  Indian 
Springs,  vifh  the  Creek  Indians  of  IH2n,  for  claims  by  the'citizcns  of  Georgia,  for 
spoliations  before  that  time  by  that  tribe.  I  have  a  distinct  recollection  of  Col.  John 
\.  Cutbben  being  en:;aged  by  the  then  Governor.  Wilson  Lnnipkin,  as  commissioner 
in  the  invesii^ation  ofrlaiin-;  of  tliis  kinti,  ami  know  of  rhp(h-bii(senn-nt  rtf  the  whole 
fond  to  that  purpose,  fn  fact  the  claims  audited  by  Col.  CuIhVri  an<l  orilered  to  be 
paid,  exceeds  in  amooiitbe  finiil  for  thai  purpose.  The  claims  were  scrutinized  and 
i:Rrefully  considered  and  examined,  as  many  months  were  consumed  in  Ijic  considera- 
tion of  tlieiii.  The  evidences  of  these  claims  and  ofthe  disbursement  of  Ibis  fund,  are 
all  on  file  now  in  the  Execative  department  of  Georgia,  or  were  filed  at  that  time. 
Very  re5|ieetfully  your  obedient  servant. 

JOSBrH  STURGES. 

The  question  was  then  taken  on  concurring  in  the  amendment, 
and  it  was  decided  in  the  affirmative,  as  follows : 

yf;^\S Messrs.  Atchison,  Hadger,  llaldwin,  IJell,  Hutler.  Clarke,  Davis,  of  Mas- 
sachusetts. Davis,  of  Mississippi,  Dickinson,  Di-\,  Douglas,  Downs,  Foote,  Greene, 
Hale  Hannegan.  Housion,  Hunter,  Johnson  of  Maryland,  Johnson,  of  Louisiana, 
Lewi's,  Miller,  Niles,  Phelps,  Upbam,   Walker,  Westcott,  and  Ynlee.— 2«. 

NAYS— Messrs.  Allen,  Atherton,  Benton,  Breese,"  Uright,  Felch.  Hamlin,  John- 
son, of  Georgia,  King,  Pearce,  Sproance,  Turnev,  and  Underwood.— 13. 

So  the  amendment  was  concurred  in. 

The  question  was  then  stated  on  concurring  in  tha  amendment 
appropriating  for  continuing  and  completing  the  surveys  and  ex. 
plorations  to  be  made  by  J.  C.  Fremont  in  Oregon  and  California, 
$30,000.  -    , 

After  a  debate  in  which  Messrs.  BREESE,  BELL,  BENTON, 
and  JOHNSON,  of  Maryland,  participated,  the  question  was  ta- 


ken on  concurring  in  the  amendment,  and  ic  was  determined  in  the 
affirmative,  as  follows  : 

YEAS.— Messrs.  Allen.  Alherlon,  Bell.  Renlon.  Boilaod.  Breei«.  Brij^hl,  Dickio- 
son,  Uix,  Douglas,  Felch.  Ilale,  Hamlin.  lloaitoD,  Johnson,  ofLouutana,  Sebastian, 
Underwood,  and  Weslrolt. — IH. 

NAYS. — Moisrv.  Badger,  Boiler,  Coiwin.  Davis,  of  MuMchniHts,  Davii,  of 
Mississippi.  Davton.  Hannegan,  Johnson,  of  Marrland,  JohnsoD.  of  Geoifia,  Kio^, 
I.ewis,  Miller,  Pearce,  Sproaoc«,  Turner,  aoj  Yulce.— IG. 

So  the  amondment  was  concurred  in. 

The  amendment  striking  out  ihc  appropriation  for  the  removal 
of  obstructions  in  the  Savannah  river  was  then  concurred  in. 

Mr.  DIX  renewed  the  amendment  appropriating  ten  ihou.iand 
dollars  for  compensation  and  expenses  of  a  commercial  agent,  to 
be  selected  and  sent  abroad  by  the  President  to  collect  information 
respecting  the  commerce,  productions,  and  statistics  of  Asia  and 

Eastern  Africa. 

# 

After  a  brief  debate,  the  question  was  taken  on  agreeing  to  the 
amendment,  and  it  was  determjncd  in  the  negative.  Ayes  15, 
Noes  19. 

So  the  amendment  was  rejected. 

Mr.  JOHNSON,  of  Louisiana,  moved  an  amendment  appropri- 
ating ten  thousand  dollars  lor  a  survey  of  the  Red  river,  and  made 
a  few  remarks  in  support  of  it. 

The  amendment  was  rejected.     Ayes  9,  Noes  21. 

Ordered.  That  the  amendments  be  engrossed,  and  the  bill  be 
read  a  third  time. 

The  said  bill  was  read  a  third  lime. 

Uesolned,  That  this  hill  pass  with  amendment  .. 

Ordered.  That  the  Secretary  request  the  concarrence  of  the 
House  of  Representatives  in  the  amendments. 

EXECUTIVE    9ES3ION. 

After  the  consideration  of  Executive  business, 

On  motion. 
The  Senate  adjourned. 


1006 


PETITIONS,  REPORTS,  ETC. 


[Monday, 


MONDAY,  AUGUST  7,  1848. 


COMMUNICATION  FROM  THE  TREASUKY  DEPARTMENT. 

The  RRESIDENT/jro  tejn.  laid  before  the  Senate  a  communi- 
cation from  the  Treasury  Deportment,  made  in  compliance  with  a 
resolution  of  the  Senate,  showing  the  quantity  of  sugar  imported 
daring  the  fiscal  year  ending  June  30,  1847  ;  which  was  ordered 
to  be  printed. 

ORDER  TO   PRINT. 

On  motion  by  Mr.  JOHNSON,  of  Maryl.ind,  it  was 

Ordered,  That  the  report  of  the  Secretary  of  the  Treasury 
showing  the  number  of  officers  employed  in  the  custom-house  at 
Baltimore  be  printed. 

RESOLUTIONS    OF    THE    LEGISLATURE    OF    WISCONSIN. 

Mr.  WALKER  presented  resolutions  of  the  Legislature  of 
Wisconsin  in  favor  of  the  improvement  of  the  harbors  on  the  west- 
ern shores  of  Lake  Michigan  ;  which  were  laid  on  the  table  and 
ordered  to  be  printed. 

PETITIONS. 

Mr.  BENTON  presented  a  petition  from  E.  Fitzgerald  and 
others,  asking  to  be  paid  for  their  attendance  as  witnesses  in  the 
city  of  St.  Louis  against  a  certain  Garret  Long  ;  which  was  re- 
ferred to  the  Committee  on  the  Judiciary. 

Mr.  MASON  presented  a  petition  from  the  legal  representa- 
tives of  Robert  P.  Carter,  asking  a  settlement  of  the  accounts  of 
Roddy  Carter  and  Jennings,  contractors  for  provisions  during  the 
war  of  1812  ;  which  was  referred  to  the  Committee  of  Claims. 

Mr.  DOWNS  presented  a  petition  from  the  officers  and  men  of 
the  Louisiana  vohinteers,  asking  indemnity  for  losses  sustained  by 
them  in  consequence  of  the  wrecking  of  the  vessel  while  un  their 
way  to  the  seat  of  war;  which  was  referred  to  the  Conimittce  on 
Military  Affairs. 

SEN.'VTE     REPORTS. 

Mr.  BENTON,  from  the  Committee  on  the  part  of  the  Senate, 
appointed  jointly  with  the  Committee  on  the  part  of  the  House 
of  Representatives  on  the  subject  of  the  publication  ef  the  pro- 
ceedings and  debates  of  Congress,  submitted  a  report  accompa- 
nied by  a  resolution  ;  which  was  ordered  to  be  printed. 

On  motion  by  Mr.  HALE,  it  was  ordered  that  one  thousand 
additional  copies  be  printed  for  the  use  of  the  Senate. 

ADVERSE    REPORTS. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, to  whom  were  referred  the  petitions  of  Reuben  M.  Gibbs 
and  of  Joseph  Barclay,  submitted  adverse  reports  ;  which  were 
ordered  to  be  printed. 

Mr.  JOHNSON,  of  Louisiana,  from  the  same  committee,  to 
whom  was  rel'erred  the  bill  from  the  House  of  Representatives  for 
the  relief  of  Levi  Colmus,  reported  it  without  amendment,  and 
that  it  ought  not  to  pass. 

DISCHARGED. 

On  motion  by  Mr.  JOHNSON,  of  Indiana,  it  was 

Ordered,  That  the  Committee  on  Pensions  be  discharged  from 
the  further  consideration  of  the  petitions  of  Mary  Ann  Bronaugh, 
of  Catharine  Hoffman,  of  Priscilla  Decatur  Twiggs,  and  of  .Sarah 
A.  Mackay. 

REVENUE    FROM    CUSTOMS. 

Mr.  ATHERTON,  from  the  CommUtee  on  Finance,  to  wliom 
was  referred  the  bill  from  the  House  of  Repiescntatives  reipiiring 
all  moneys  received  from  customs,  and  from  all  other  sources,  to 
be  paid  immediately  into  the  Treasury,  without  abatement  or  de- 
duction, and  for  other  purposes,  reported  it  with  amemlments. 

PRIVATE    BILLS. 

Mr.  DOWNS,  from  the  Commitice  on  Private  Land  Claims, 
reported  a  bill  for  the  relief  of  John  Crawford  ;  which  was  read, 
and  passed  to  the  second  reading. 

NOTICE    OF   A    BILL. 

Mr.  BENTON  gave  notice  that  he  would,  at  the  commence- 
ment of  the  next  session  of  Congress,  ask  leave  to  bring  in  a  bill 
to  release  the  members  of  the  late  court  martial  whereof  Briga- 
dier General  Brooke  was  president,  and  before  which  the  ex-lieu- 
tenant colonel  of  mounted  rifles,  J.  C.  Frcment,  was  tried,  and  the 
judge  advocate,  from  their  oath  of  secrecy,  according  to  the  pre- 
cedent set  by  the  British  House  of  Commons  in  the  case  of  Aarai- 
ral  Byng, 


THE    "  BUFFALO    HUNT." 

The  Senate  proceeded  to  consider  the  following  resolution,  sub- 
mitted by  Mr.  JOHNSON,  of  Maryland,  and  it  was  agreed  to  : 

Iie!<i)lved,  That  the  Presiilent  of  the  tfniteil  Slates  be  requesleii  to  inform  liie  Sen- 
ile, at  the  earliest  period,  wliellier  lie  ha.t  any  information  that  any  citizen  or  citizens 
of  tlie  United  .States  is  or  are  now  preparing,  or  intending  to  prepare,  within  the  Uni- 
ted Stales,  an  expedition  to  revolutioiiizf  by  force  any  jiart  oi"the  republic  oi"  Mexico, 
ur  to  assist  in  so  doin?;  and,  if  he  has,  what  is  the  extent  of  such  iireparation,  and 
wliether  lie  has  or  is  about  to  take  any  steps  to  arrest  the  same. 

MESSAGE   FROM    THE    HOUSE. 

The  following  message  was  received  from  the  House  of  Repre. 
sentatives,  by  Mr.  Campbell,  their  Clerk  : 

Mr  President :  Tlie  House  of  Representatives  have  passer)  a  tiiH  making  appropri 
ationt  for  the  support  of  the  army,  for  the  year  ending  June  30th,  1849  ;  in  which 
tliey  request  the  concurrence  of  the  Senate.       -       :  . ;     , 

HOUSE  BILL  REFERRED. 

The  bill  from  the  House  of  Representatives  making  appropria- 
tions for  the  support  of  the  army,  for  the  year  ending  June  30tb, 
18']9,  was  read  the  first  and  second  times,  by  unanimous  consent}'' 
and  referred  to  the  Committee  on  Finance. 

OVERFLOWED    LANDS    IN   ARKANSAS. 

On  motion  by  Mr.  BORLAND,  the  Senate  resumed  the  consi- 
deration of  the  bill  to  grant  to  the  Slate  of  Arkansas  certain  un- 
sold lands  subject  to  overflow,  for  the  purpose  of  internal  im- 
proveiiient,  education,  and  other  purposes,  in  said  State. 

The  bill  having  been  amended,  it  was  reported  to  the  Senate. 

Mr.  KING  thought  it  would  be  best  to  limit  the  bill  to  the  lands 
in  llie  State  of  Arkatisas.  So  far  he  was  willing  to  go,  but  no 
luriher  at  present.  Whenever  his  friend  from  Florida  would  in- 
troduce a  bill  relative  to  the  lands  in  that  Stale,  he  would  give  it 
a  favorable  consideration. 

Mr.  BORLAND  said,  as  the  bill  was  originally  introduced,  it 
was  limited  in  its  provisions  to  the  overflowed  lands  in  the  State 
of  Arkansas.  Several  Senators,  however,  had  suggested  the  pro- 
priety of  giving  the  bill  a  more  extensive  operation;  and  it  was 
solely  with  a  view  to  meet  the  wishes  of  his  friends  around  him 
that  he  had  consented  to  extend  its  operation  so  as  to  embrace  the 
useless  lands  in  the  adjoining  States 

Mr.  JOHNSON,  of  Louisiana,  sustained  the  bill  as  it  had  been 
amended,  and  expressed  a  hope  that  the  opposition  of  the  Senator 
from  Alabama  would  be  withdrawn. 

Mr.  FOOTE  explained,  that  the  language  of  the  bill  applied 
only  to  the  lands  known  as  swamp  lands,  utterly  valueless  to  the 
general  government,  and  which  could  be  reclaimed  and  made  val- 
uable by  the  State. 

Mr.  BORLAND  said,  that  if  he  thought  these  lands  could  ever 
bj  made  worth  any  thing  to  the  United  States,  he  would  not  ask 
for  them  on  the  terms  named  by  the  bill.  The  State  would  em- 
bank and  reclaim  the  lands,  and  thus  remove  a  fertile  cause  of  dis- 
ease, and  encourage  the  cultivation  of  the  lands  and  the  increase 
of  population. 

Mr.  WESTCOTT  was  '  of  opinion,  that  the  improvements  ne- 
cessary to  make  these  lands  useful  would  never  be  made  by  the 
United  States.  It  would  require  ten  4"egimenls  of  topographical 
engineers,  and  a  huniiied  millions  of  money.  If  the  States  would 
take  the  lands  on  the  condition  of  reclaiming  the  lands,  the  oH'er 
ought  to  be  accepted. 

Mr.  MILLER  thought  we  had  not  sufficient  information  on  the 
subject  of  these  lands  to  enable  the  Senate  to  act  on  the  bill  in  this 
hasty  manner,  and  at  this  late  period  of  the  session.  It  had  been 
said  by  the  Senator  from  South  Carolina,  tliat  a  general  system 
would  be  brought  before  Congress  at  the  next  session,  and  ho 
thought  we  should  wait  for  that  system. 

Mr.  KING  said  ho  liad  no  (ibjection  to  a  bill  to  give  to  the 
States  the  lauds  whicii  emild  never  lie  i-eelaimetl  bv  the  govern- 
ment, which  would  not  go  into  a  system  of  drainage.  If  the  Slates 
would  do  this,  it  was  the  only  way  in  which  the  lands  could  be 
made  valuable.  He  did  not  believe  that  the  everglades  of  Flor- 
ida could  ever  be  reclaimed  by  the  State  or  the  general  govern- 
ment.    He  would  withdraw  his  opposition  to  the  bill. 

Mr.  METCALFE  said  ho  could  not,  as  a  representative  of  a 
State  which  was  excluded  from  the  benefit  of  any  improvement  of 
her  rivers  and  harbors,  vote  now  to  give  away  to  particular  Slates 
the  lands  which  were  the  common  property  of  all.  He  moved  to 
lay  the  bill  on  the  table. 

The  question  'was  put  and  negatived— Ayes  16,  Noes  20. 


AM%s?8.1 


THE  OREGON  BILL. 


1007 


The  yeas  and  nays  were  then  ordered  on  the  passage  of  the 
bill. 

Mr.  DAVIS,  of  Mississippi,  made  a  few  remarks  in  favor  of 
the  bill,  because  neither  the  means  of  the  government  nor  private 
capital  can  ever  be  applied  to  the  reclamation  of  these  lands.  The 
measnrc  had  been  long  before  Congress,  and  no  one  could  pretend 
that  it  was  sprung  in  the  Senate. 

Mr.  NILES  opposed  the  bill.  The  title  of  the  bill  referred  to 
lands  subject  to  overflow.  All  bottom  lands  are  subject  to  over- 
flow, and  this  description  would  embrace  all  valley  lands,  liut 
the  bill  has  been  amended  so  as  to  extend  to  all  lands  which  the 
surveyor  may  denominate  swamp  lands.  After  a  wet  season,  it 
would  be  difficult  to  decide  which  arc  precisely  swamp  lands,  and 
which  were  only  temporarily  overflowed.  He  thought  such  a 
sweeping  grant,  which  would  give  away  a  hundred  millions  of 
acres,  ought  not  to  be  made  in  tiiis  manner,  and  he  should  oppose 
the  bill. 

Mr.  BREESE  staled  that  the  practice  of  the  surveyors,  when 
employed  in  surveys,  in  reference  to  overflowed  lands,  was  to  give 
them  a  distinct  designation  in  thiir  maps  and  reports  to  the  Gen- 
eral Land  Olliee,  and  from  these  reports  the  decision  of  the  Secre- 
tary of  the  Treasury  is  made.  In  his  State  there  were  many  acres 
of  lands  in  high  s'ltuations,  near  tlio  sources  of  streams,  which 
were  subject  to"  overflow,  and  which  could  not  be  called  swamp 
lands. 

Mr.  UNDERWOOD  thought  more  particular  information  ought 
to  be  before  the  Senate  in  reference  to  the  lands  in  other  States 
than  Arkansas.  He  moved  to  strike  out  the  third  section,  which 
extends  the  provisions  of  the  bill  to  other  States. 

Mr.  FOOTE  said  that  the  state  of  things  was  the  same  in  Mi.s- 
sissippi  and  Louisiana  as  in  Arkansas.  He  hoped  there  would  be 
no  delay,  as  no  further  information  could  throw  new  light  OH  the 
subject. 

Mr.  DAVIS,  of  Massachusetts,  before  he  could  vole,  desired  to 
know  whaf  portion  of  these  lands  were  now  inhabited  and  under 
cullivation.  A  great  deal  of  money  had  been  expended  by  the 
"overnment  in  removing  obstructions  and  rails,  and  it  was  mnv 
proposed  to  give  all  away.  He  doubted  whether  overflowed  lands 
were  entirely  useless,  as  he  knew  that  many  such  lands  had  been 
reclaimed  and  made  valuable  by  private  enterprise.  He  would 
prefer  thai  some  one  should  be  sent  to  survey  these  lands,  that  ihe 
government  should  bo  able  to  make  some  estimate  of  their  value. 
Mr.  JOHNSON,  of  Louisiana,  complained  that  every  applica- 
tion from  the  Slates  in  which  these  lands  lie  had  been  refused  — 
The  overflow  iVam  the  Mississippi  was  sometimes  ten  feet,  and  it 
was  impossible  for  any  private  enterprise  to  reclaim  the  lands. 
The  health  of  the  country  was  injured  by  these  inundations.    ■ 

The  further  consideration  of  the  bill  was  then  posliioned  until 
to-morrow. 


THE  OREGON  H1LI.. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole  the  bill  from  the  House  of  Representatives,  to  establish 
the  Territorial  Government  of  Oregon,  and  the  reported  amend- 
ments thereto. 

The  first  amendment  was  the  iutrodnetion  of  the  following  pro- 
vi'^o  to  the  sixth  seciion;  "That  no  act  of  the  Territorial  Leais- 
lature  shall  become  a  law  until  approved  by  the  Governor. 

Mr  DAVIS  of  Mississippi,  moved  to  amend  the  amendnu-iit, 
bv  adding  the  words,  "of  the  Territory,  or,  if  disapproved  by  said 
Governo?,  until  specifically  submitted  to,  and  approved  by,  the 
Congress  of  the  United  States." 

The  amendment  to  the  amendment  was  agreed  to. 

Mr.  DOUGLAS  explained,  that  the  absolute  veto  power  was 
embraced  in  all  the  Territorial  Governments. 

Mr  HALE  sutrnested  an  amendment,  making  it  the  duty  of 
the  Governor  to  transmit  any  bill  which  did  not  become  a  law,  to 
Con-ress,  as  follows:  "And  if  shall  be  the  duty  of  the  Governor 
to  transmit  copies  of  any  acts  disapproved  by  him  to  Congress. 

Mr.  TURNEY  moved  to  add,  "and  his  reasons  for  disappro- 
val." 

Mr.  HALE  aceepled  the  addition  as  a  modification  of  his 
amendment,  and  then  withdrew  his  amendment. 

The  question  recurred  on  the  amendment  of  Mr.  Davis,  of 
Mississippi;  which  was  agreed  to. 

Mr.  HALE  renewed  his  m.ition  to  amend,  and  again  withdrew 
it. 

The  amendment,  as  amended,  was  then  agreed  to. 

Mr.  HALE  moved  to  insert  his  amendment  it)  the  third  sec- 
tior  as  follows  .  "  And  it  shall  be  the  duty  of  said  governor,  .m- 
rTdialely  rer  the    session  of  the  legislature,  to  transmit  eop.es 


of  any  aots  from  which  he  may  have  withheld  his  approvsl,  to- 
gether with  his  reasons  for  such  disapproval." 

The  amendment  was  agreed  to. 

The  second  amendment  of  the  committee  b«ing  under  considera- 
tion, as  follows  :  At  the  beginning  of  the  14lh  section  insert :  "In- 
asmuch as  the  said  territory  is  north  of  the  parallel  of  thirty  six 
degrees  and  thirty  minutes  of  north  latitude,  usually  known  as  the 
Missouri  compromise" — 

Mr.  UNDERWOOD  moved  to  strike  out  '-thirty-six  degree* 
and  thirty  minutes,"  and  insert  "forty-two  ;"  and  to  strike  out  the 
words  "usually  known  as  the  Missouri  compromise." 

Mr.  DOUGLAS  suggested  that  Ihe  better  mode  would  he,  to 
lake  the  rpiestion  on  the  amendment  altogether. 

Mr.  UNDERWOOD  thought  that  the  amendment,  as  report- 
ed, left  the  disputed  question  of  slavery  open  to  be  renewed  in  the 
California  bill,  and  it  was  his  desire  to  make  the  language  so  plain 
as  to  preclude  the  reopening  of  this  debate. 

Mr.  BUTLEIl  said  he  was  a  passive  member  of  the  committee, 
intending  to  vote  against  this  whole  section,  the  reasons  for  which 
he  should  give  hereafter. 

Mr.  NILES  expressed  astonishment  that  the  Committee  on  the 
Territories  should  have  reported  an  amendment  which  had  nothing 
to  do  with  the  subject  matter  of  this  bill,  as  it  is  well  known  that 
all  of  Oregon  lies  north  of  36°  30'.  He  was  at  a  losii  to  under- 
stand the  reason  for  such  a  provision.  Was  it  intended  to  refer  to 
some  other  subject  which  might  come  up  for  legislation  hercaltei? 
If  it  was  intended  for  anv  thing,  it  must  be  to  exercise  influence 
over  legislative  action  in  the  other  territories.  He  was  entirely 
opposed  to  this  mode  of  legislation.  If  it  was  a  re. enactment  of 
the  comprimiise  bill,  he  thonght  it  better,  after  our  failure  to  le- 
gislate ill  that  form,  to  leave  it  alwne  Perhaps  it  was  to  ease  ofT 
The  feelings  of  certain  .Senators  here,  and  to  enable  them  to  jastily 
iheir  vole's.  He  did  not  wish  to  see  any  thing  go  abroad  which 
might  be  construed  into  a  compromise  when  compromise  is  not 
intended. 

Mr.  UOUGL.VS  explained  that  the  amendment  was  reported 
with  the  unanimous  desire  of  the  committee  that  no  Senator's  vote 
on  the  bill  should  be  understood  as  committing  hira  on  the  great 
r]iieslion. 

Mr  HALE  said  he  should  vote  against  the  amendment,  and, 
whatever  the  vole  on  the  amendment,  ho  should  vote  lor  the  bill. 
But  he  desired  it  to  be  distinctly  understood  that  he  did  not  by  such- 
vote  commit  himself  in  the  slightest  degree  as  to  hi.  future  course. 
Mr.  MASON  charged  the  language  reported  in  the  amendment 
as  unintelligible.  He  attributed  to  the  eommitlec  the  design  to 
evade  the  slavery  question.  He  referred  to  the  state  of  public 
opinion  abroad,  and  to  the  convention  about  to  be  assembled  at 
BuflTalo,  for  the  choice  of  a  standard  bearer.  But  one  god  was  to 
be  worshipped  there,  and  that  god  was  power-the  povs-cr  to  tram- 
ple down  the  constitution  of  the  country  «° '•«'""i'%',''*,'l"-; 
cent  decision  of  Virginia  not  to  regard  any  law  of  'h«>'nited 
States  which  should  prevent  her  citizens  from  carrying  'heir  sa  es 
into  any  of  the  territories.  He  and  his  constitucnls  were  wdl  ng 
10  be  bound  by  the  principle  of  the  compromise  ;  '"»"«■»»"<"  l^ 
be  expected  that  they  would  go  one  single  step  beyond  it.  Jt 
would  be  to  expect  them  to  submit  to  insult. 

Mr    D\YTON  replied  to  the  threats  held  out  by  the  Senator 

from  Virginia,  that  if  she  was  to  be  forced  another  step  she  would 

reclaim  millification.  He  lepudiated  for  the  whig  Pfrt.V  th'^  q";- 

ion   as  the   "real    issue  to  be  tried  at  the  coming  election.     Ihe 

tion   as   ine   ,ic»  ..,„,„   „«„  „„,  .ho  „reat  ooeslions  of 


piestions  of  free  soil  and  slavery  were  not  the  f^f""' fXuiat 
-         ■  •  They    constituted  too   narrow  a  ledge  for  tliai 

_  _  .*  ...       •  _   ...  11— 1.....,....^^    Ihnt    I  ni« 


the  whig   party 
party  to  stand  on 


Nor  would  it  be  generally  understood  that  this 
the  ."'reat  issue  with  the  democritic  party.     As  to  the  amend- 


ment whatever  may  be  the  understanding  with  which  it  was  aJop 
"edn  the  committee,  Senators  would  have  to  stand  on  their  le- 
corded  votes.  Ho  did  not  see  how  the  amendment  could  be  sus- 
tained. 

Mr  JOHNSON,  of  Maryland,  said  that  it  being  evident  the  bill 
could  not  be  disposed  of  to-day,  he  would  therefore  move  that  Us 
further  consideration  be  postponed  until  tomorrow. 

Mr  BUTLER  said  he  had  no  objection  to  the  postponement, 
provided  it  did  not  interfere  with  his  remarks  which  he  was  about 
Fo  make.  He  desired  to  be  heard  on  this  bill  before  the  vote  was 
taken  on  it. 

The  motion  to  postpone  was  then  agreed  to. 

EXECUTIVE   SESSION. 
On   motion  by   Mr.  JOHNSON,  of  Maryland,  the  Senate  pro- 
ceeded to  the  eoLideration  of  Executive  business;  and  after  some 
time  spent  therein, 
On  motion, 
The  Senate  adjourned. 


lOOS 


PETITIONS,  REPORTS,  ETC. 


[Tuesday, 


TUESDAY,  AUGUST  8,  1848. 


MiESSAGE    FHOM    THE    PBTESIDENT. 

The  following  message  was  received  from  the  President  ol  the 
United  States,  by  Mr.  Walker,  his  Secretary  : 

To  the  Senate  anil  House,  of  RcprcstntaUecs  of  the  United  i<lales : 

It  affotdi  me  s,ltl,rai:tiou  10  communicate  hciewiUi,  fortheiufotmalum  orCougresi. 

'  copies  of  a  decree  adoplsd  by  the  National  A^emblv  of  France,  m  response  to  the 

rciolotion  of  I  lie  Congress  of  the  United  Klales.  p.assed  on  the  13lh  ApjiMa>l.  lendei 

ing  the  congratulations  of  llie  American  to  I  he  French  people  "pon  the  success  ol  tlieir 

recent  efforts  to  consohilale  the  ])rinti|ilcs  of  liherty  m  a  republican  form  ol  govern 

..""'"'■  JAMES  K.  POLK. 

Washington.  Augusts,  184B. 

r 

FRENCH  Rl'.PUBl.lC. 

Ltlierty,   Eqnttlittj,  Fraternity ! 
National  Assembly. 
he  National  .\ssembly  has   unaninionily  ado|ited   the  decree  of  the  following 


irfo 


Article  1.  In  the  name  of  the  French  people,  the  Nalioual  Assembly,  profound 
Iv  touched  by  the  sentiments  whicb  dictated  the  resolutiuD  of  the  Congress  ol  the 
United  States,  on  the  13tli  April,  offers  to  the  American  people  the  thanks  of  the  re- 
public  and  the  cxpiession  of  its  fraternal  aniily. 

.\rticlb  a.  The  Commissioner  of  Executive  power  is  charged  to  transmit  the  pre- 
sent decree  to  the  French  legation  at  Washington,  willi  the  order  to  present  it  to  the 
American  government. 

Decreed  alter  deliberation  in  public  session  at  Paris,  on  the  i5th  May,  IWt*. 

Signed  by  the  President  and  Secretaries.  Buchez  Peupm,  Leop  Robeit,  F.  De 
George.  T.  Lacrosse,  Emile  Pean,  Edmund  Lafayette. 

A  true  copy  for  transmission  : 

The  President  and  Secretaries.  Signed;  Marie  F.  Berard,  Emile  Pean,  Edmund 
Lafayette,  L.  Robert  des  Ardennes. 

The  Minister  of  Foreign  Allairs.      ■.!:      ' '.    •,  Jules    Bastidh. 

On  motion  of  Mr.  ALLEN,  it  was'ordered  that  the  foregoing 
message  and  decree  be  entered  on  the  Journal. 

MESSAGE    FROM    THE    PRESIDENT. 

The  following  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Walker,  his  Secretary  ; 
To  the  Senate  of  the    Vnitci  t-latcs 

In  reply  to  the  resolution  of  Ibe  Senate  of  the  Till  instant,  requesliug  the  Presldejil 
to  inform'  that  body  "  whether  he  has  any  information  that  any  citizen  or  citizens  of 
.  the  United  States  is  or  are  now  preiiaring,"  or  intending  to  prepare,  within  the  United 
States,  an  expedition  to  revolutionize  by  force  any  part  of  the  republic  of  Me.xico,  or 
to  assist  in  so  doing  ;  and,  if  he  has,  what  is  the  extent  of  such  preparation,  and 
whether  h«  has  or  is  about  to  take  any  steps  to  arrest  the  same."  I  have  to  state  that 
the  Executive  is  not  in  possession  of  any  information  of  the  character  called  for  by 
the  resolution. 

The  late  treaty  of  peace  with  Mexico  has  been  and  will  be  faithfully  observed  on 
our  part. 

'  JAMES  K.  POLK. 

Washington,  August  8,  1848 

.   .    ;,ri   . 
COMMUNICATION    FROM     THE    STATE    DEPARTMENT. 

The  PRESIDENT,  pro  iem  .  laid  before  the  Senate  a  report  of 
the  Secretary  of  State,  communicating,  incompliance  with  a  reso- 
lution of  the  Senate,  a  copy  of  the  joint  report  of  the  commission- 
ers under  the  treaty  of  Washington,  of  August  9,  1842,  together 
with  a  copy  of  the  report  of  the  American  eunimissioner  transmit- 
ting the  stme  to  the  Department  of  State. 

.        ,.  PETITIONS. 

The  PRESIDENT, pro  icm.,  laid  before  the  Senate  two  memo- 
rials of  the  Legislature  of  Wisconsin,  praying  the  construction  of 
a  road  from  Prairie  du  Chien  to  the  falls  of  St.  Croix  ;  which  was 
■    referred  to  the  Committee  on  the  Post  Office  and  Post  Roads. 

Mr.  MASON  presented  the  nictnorial  of  Charles  F.  Sibbald, 
asking  that  his  claims  may  be  adjusted  under  the  direction  of  the 
Secretary  of  the  Treasury  ;  which  was  referred  to  the  Committee 
of  Claims. 

Mr.  CALHOUN  presented  a  memorial  from  merchants  and 
other  citizens  of  Charleston,  asking  that  the  great  southern  mail 
may  be  restored  to  its  direct  route  ;  which  was  referred  to  the 
Committee  on  the  Post  Office  and  Post  Roads. 

OPERATIONS    OK    THE    ARMY    ON    THE    RIO    GRANDE. 

Mr.  DAVIS,  of  Mississippi,  submitted  the  following  resolution, 
which  was  considered  by  unanimous  consent,  and  agreed  to  : 

Resoh'cil,  That  the  Secretaiy  of  War  be  instructed  to  furnish,  at  the  next  session 
of  Congress,  a  general  map  from  the  reconnoisances  and  surveys  of  Topographical 
Engineers,  showing  ffie  operations  of  the  army  of  the  United  States  in  Tex.as  anil  the 
adjacent  Mexican  territory  on  the  Rio  Grande,  to  ue  accompanied  with  the  astronom- 
ical  observations  and  descriptive  and  military  memoir?  of  the  countiy  traversed  by 
the  troops  of  the  United  States, 

THE    SAX   AND    FOX    ANNUITIES. 

Mr.  BELL  submitted  the  following  resolution,  which  was  con- 
sidered by  unanimous  consent,  and  agreed  to  : 


Ursolvcii.  That  the  Secretary  of  War  be  requested  to  commnnicale  to  the  Senate 
copies  of  the  report  of  the  Superintendent  of  Indian  Affairs  of  St.  Louis,  in  relation 
to  the  diflicullies  which  took  jilace  last  fall  at  the  jiayment  of  the  Sacs  and  Fox  an- 
unities,  together  with  all  tfie  accompanying  testimony  and  papers,  and  any  proceed- 
ings which  the  department  may  have  taken  in  reference  thereto. 

ADVERSE    REPORT. 

Mr.  UNDERWOOD,  from  the  Committee  of  Claims,  to  which 
was  referred  the  bill  from  the  House  of  Representatives  for  the 
relief  of  the  legal  representatives  of  Amelia  Brereton,  reported  it 
wihtotit  amendment,  and  that  it  ought  not  to  pass. 

DISCHARGED. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered.  That  the  Committee  on  Private  Land  Claims  be  dis- 
charged from  the  further  consideration  of  the  petition  of  ViUeneuve 
le  Blanc,  and  that  the  petitioner  have  leave  to  withdraw  his  pa- 
pers. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered,  That  the  Committee  on  Pensions  be  discharged  from 
the  further  consideration  of  the  following  memorials  :  Of  Eliza  A. 
Mellon,  of  E.  P.  Hastings,  ol  Candace  Munn  ;  also,  from  the 
dncuments  relating  to  the  claim  of  John  Ellis. 

WESTERN    DISTRICT    OF  VIRGINIA. 

On  motion  by  Mr.  MASON,  the  prior  orders  were  postponed, 
and  the  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  to  change  the  times  of  holding  the  district  court  of 
the  United  States  for  the  western  district  of  Virginia,  together 
with  an  amendment  thereto,  including  the  salary  of  the  judge  of 
said  court,  from  sixteen  hundred  to  twenty-two  hundred  and  fifty 
dollars  per  annum. 

Mr.  MASON  advocated  the  amendment,  and  it  was  agreed  to. 

No  further  amendment  being  made,  the  bill  was  reported  to  the 
Senate,  and  the  amendment  was  concurred  in. 

Ordered,  That  the  amendment  be  engrossed,  and  the  bill  be  read 
a^third  time, 

Said  bill  was  read  a  third  time  as  amended. 

Resolved,  That  this  bill  pass  with  an  amendment. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  the  amendment. 

1    id    "JM   ■ 

;,  .,       ,.    ,  PRIVATE    BILLS. 

Mr.  ATHERTON,  from  the  Committee  on  Finance,  to  whom 
was  referred  the  bill  from  the  House  of  Representatives  for  the  re- 
lief of  David  Thomas,  of  Philadelphia,  leported  it  vvirhouf  amend- 
fitent. 

SENATE    REPORTS. 

On  motion  by  Mr.  BENTON,  the  Senate  proceeded  to  consider 
the  following  resolutfon,  reported  from  the  Select  Committee  on 
the  subject  : 

Itesoleed.  That,  in  ortler  to  secure  a  more  full,  impartial,  and  prompt  publication 
of  the  proceedings  and  debates  of  Uie  Senate,  the  Secretary  of  the  Senate_  be,  and 
he  hereby  is,  authorized  and  directed  to  enter  into  a  coutract,  to  take  effect  from  this 
day,  with  the  proprietors  of  each  of  the  daily  papers  in  this  city,  the  National  Intel 
ligijiicer  and  the  Union,  and  to  contiuue  until  otherwise  ordered  by  the  Senate,  for 
the  daily  publication,  in  each  [laper.  of  all  the  debates  and  proceedings  of  the  Senate, 
and  lor  the  early  subseiiuent  publication  of  such  speeches  as  members  may  choose 
more  carefully  l6  revise  and  write  out  at  full  length,  for  which  the  Secretary  is  autho 
lized  t  o  make  weekly  payment  at  the  rate  of  seven  dollars  and  fifty  cents  for  a  col- 
umn of  hievier  lytic;  provided.  That  the  jiroceedings  and  current  debates  be  tians- 
leired  to  the  country  edition  of  said  papen*,  and  one  copy  of  the  daily  edition  ofeach 
pajrer  shall  be  furnished  to  each  member  during  the  session  without  addiuonal  charge   . 

On  motion  by  Mr.  WESTCOTT,  it  was 

Ordered,  That  it  Ue  on  the  table. 

JOHN   DEVLIN. 

The  Senate  proceeded  to  consider  the  motion  heretofore  made 
by  Mr.  DICKINSON  to  reconsider  the  vote  on  the  third  reading 
of  the  bill  for  the  relief  of  John  Devlin  ;  and  it  was  determined  in 
the  negative. 

ALABAMA    RAILROAD. 

On  motion  by  Mr.  KING,  the  Senate  resumed  the  consideration, 
as  in  Committee  of  the  Whole,  of  the  bill  granting  to  the  State  of 
Alabama  the  right  of  wav  and  a  donation  of  public  lands  for  mak- 
ing a  railroad  from  Mobile  to  the  mouth  of  the  Ohio  river. 

The  question  pending  was  upon  agreeing  to  the  amendment  sub- 
mitted by  Mr.  DAVIS,"  of  Mississippi,  granting  the  right  of  way 
iind  a  donation  of  public  lands  for  making  a  railroad  from  Jack- 
son through  Brandon  to  the  Alabama  line  ;  and  it  was  agreed  to. 


August  8.] 


ALABAMA  RAIL  ROAD,  ETC. 


1009 


Mr.  LEWIS  moved  further  to  amend  the  bill  by  adding  a  soo- 
tion  cranting  the  richt  of  way  and  a  donation  of  public  lands  for 
making  a  railroad  from  Pensaoola,  Florida,  to  Montgomery,  Ala- 
bama. 

Mr.  BENTON  moved  to  amend  the  amendment  by  adding  a 
section  granting  the  right  of  way  and  a  donation  of  public  lands 
for  making  a  railroad  from  St.  Joseph  to  Hannibal,  Missouri. 

Mr.  KING  hoped  the  Senator  from  Missouri  would  not  persist 
in  the  amendment,  and  protested  against  having  his  bill  loaded 
down  vvith  extr.ineous  matter.<i,  which  would  be  almost  sure  to  Vle- 
feat  it  in  the  Hiuso.  If  the  bill  was  a  good  one,  lot  it  pass  ;  if 
bad,  reject  it.  It  was  yery  important  to  the  South  that  it  should 
pass. 

Mr.  BENTON  was  very  far  from  believing  that  the  amend- 
ment would  have  a  tendency  to  load  down  the  bill.  On  the  con- 
trary, he  regarded  it  a  safe  and  healthful  prop  ;  and  he  thought 
the  .Senatnr  from  Alabama  should  bo  pleased  with  suoh  a  union, 
which  was  like  marrying  his  daughier  to  a  sound  vigorous  young 
man,  who-would  be  a  prop  to  the  house.  '       °  '  ' 

Mr.  BUTLER  was  sorry  he  could  not  give  his  support  to  the 
bill  or  its  amendments  in  the  present  form.  Ho  would  wish  to 
know  the  amount  of  the  lands  whicli  would  be  thus  given  away. 
He  referred  to  the  various  clauses  in  the  constiiution  from  which 
the  power  to  give  away  the  public  lands  was'  derived  by  different 
persons.  He  thought  it  doubtful  whether  the  public  lands  would 
be  enhanced  in  value,  or  the  sales  of  them  f;icilitalod  by  these 
ronstant  surrenders.  He  would  prefer  that  the  constiiution  should 
be  amended  to  suit  the  purposes  of  all,  than  that  this  policy  should 
go  on . 

Mr.  CALHOUN  thought  the  policy  of  these  appropriations  of 
the  public  lands  was  beneficial  in  increasing  the  value  of  the  pub- 
lic domain.  As  to  internal  improvement,  ho  denied  in  toto  the 
power  of  the  general  government  to  carry  it  on. 

Mr.  WESTCOTT  took  a  view  of  the  advantages  which  would 
retult  to  the  United  States,  ns  well  as  lo  the  Stales  in  which'lhc 
roads  were  proposed  to  be  located .  from  these  donations  of  the 
public  lands,  by  the  facilities  which  would  be  given  to  the  trans- 
portation nf  materials  for  the  navy  yards,  and  for  the  transporta- 
of  stores  and  iroops.  '''  ' 

Mr.  BU  I'LER  objected  to  the  precedent.  The  Senator  from 
Illinois,  [Mr.  Bbeese,]  had  recently  oflbred  a  resolution  to  give 
all  the  public  lands  in  that  State  for  public  improvemenjs. 

Mr.  BREESE  said,  his  resolution  embraced  only  ten  miles  on 
both  sid'-s  of  the  Illinois  river. 

Mr.  BUTLER.— W ell,  if  ten  miies  was  asked  for  now,  why 
not  ask  for  twenty,  or  sixty  miles.  The  principle  would  be  the 
same. 

Mr.  CALHOUN  made  a  brief  reply. 

Mr.  NILES  said,  if  this  policy  was  to  prevail,  and  the  lands 
were  to  be  given  away  because  they  were  of  no  use  while  in  the 
hands  of  the  general  government,  he  desired  to  see  a  national  bill, 
a  bill  on  n  magnificent  scale.  He  would,  therefore,  move  to 
amend  the  bill  by  inserting  ihe  bill  which  he  had  reported  a  short 
time  since,  uraniing  lands  to  Asa  Whitney,  for  making  a  railroad 
from  Lake  Michiaan  to  the  Pacific.  This  wonld  test  the  sense  of 
the  Senate  as  to  the  propriety  of  carrying  out  the  principle. 

Mr.  BORLAND  made  a  few  remarks  in  favor  of  the  bill. 

Mr.  TURNEY  would  not  vote  for  the  bill,  but  he  would  vote 
for  every  amendment  which  should  be  offered.  He  wished  to  test 
the  opinions  of  Senators  who  professed  to  be  hostile  to  a  general 
system  of  internal  improvement,  bv  seeing  all  these  separate  bills 
emliriced  in  one  bill,  wliicb  would  thus  make  the  bill  general  in 
its  effect,  and  bringing  those  Senators  to  a  vote  on  such  a  bill. 
According  to  his  reading  of  the  constitution,  this  aggregation  of 
separate  appropriations  would  consiilute  a  general  system  of  in- 
ternal improvement  He  desired  lo  see  what  was  Ihe  true  eon- 
itruction  put  on  these  measures  by  democraiie  Senators. 

Mr.  BREESE  explained  his  view  of  the  constitutional  power 
of  Congress  to  make  internal  improvements,  which  he  totally  de- 
nied. But  he  maintained  ihat  the  government  had  a  right  to  put 
the  public  domain  in  a  condition  to  bo  most  beneficial  to  the  pub- 
lic ;  and  this  was  done  by  donations  of  lands,  and  thus  increasing 
the  value  of  the  residue.  These  donations  to  Stales  were  in  fact 
no  donation,  because  onlv  alternate  sections  are  granted,  and 
those  reserved  are  put  at  S2  50  per  acre,  which  is  twice  the  price 
fixed  as  a  minimum. 

Mr.  TURNEY  made  a  reply  in  explanation  and  support  of 
what  iie  had  before  said.  As  to  the  last  argument  of  the  Senator 
fiom  Illinois,  the  fixing  of  the  price  of  the  alternate  sections  at 
twice  the  minimum  rare,  he  attached  no  great  weight  to  it,  re- 
garding this  inTcase  of  price  as  more  likely  to  benefit  the  rail- 
road companies  than  the  government-  The  companies  would  pre- 
vent any  sales  by  the  government  by  putting  iheir  own  sections  at 
a  somevi'hat  lower  rate. 

Mr.  BREESE  rejoined  very  briefly. 

Mr.  DOUGLAS  said  ho  did  not  wish  lo  throw  any  ditiicully  in 
the  way  of  this  measure.  On  the  contrary,  he  expected  to  vote 
for  it.     But  as  chairman  of  the  committee  which  had  been  charg- 

30th  Cong. — 1st  Session — No.  127. 


ed   with  the  Oregon  bill,  he  felt  bound,  if  the  discussion  was  to 
proceed,  to  move  its  postponement. 

Mr,  KING  expressed  a.  hope  that  the  voto  would  b«  uken  on 

the  bill,  which  had  already  been  once  postponed. 

The  amendment  to  the  amendment  was  agreed  to  ,  and  th» 
nmcndpient  as  amended  was  then  agreed  to 

The  bill  was  furiher  amended  by  striking  out  such  poriiom  ai 
gave  the  privilege  of  selecting  the  lands  wiihin  twcntv  milei  of 
the  lines  of  the  roads,  thus  resiricling  the  selections  to  within  six 
miles  of  either  side  of  the  roods. 

Mr.  ALLEN  moved  further  to  amend  the  bill  by  adding  a  sec- 
tion providing  that  the  mails  shall  not  be  required  to  be  transport- 
ed on  raid  roads,  if  in  the  judgment  of  the  Postmaster  General  tbe 
the  public  interest  would  be  betler  subserved  by  osing  other  ro«<U. 

The  amendment  was  agreed  to. 

Mr.  NILES  withdrew  his  amemlroent. 

The  bill  was  then  reported  to  the  Senate,  and  the  smendmentt 
were  concurred  in. 

On  the  question  "shall  this  bill  be  engrossed  and  read  a  third 
lime  ?"  the  yeas  and  nays  were  ordered,  and  it  wai  determined  in 
the  affirmative,  ns  follows  : 

YEAS.—Mmjh,    Allen,    Atherton.    Biuleoc.    Bell,    Brmoo.  Bemni.    Bofl«n.i. 
Bn-MC,    Calhoun,  C-imrron,    Convm,   Davii.  of  Miu  ,    Psyion,   Dodeo,  DoDdu 
Dnvn,,    Fclch.FilzseraW,  Foolc.  GrMiic.  HannfBan.  HouMon.   John«)n.  of  Md 
Johii'on   of  La..  Kin/;,  Lcivls.  Mangiim,  SebaiUan,   Pnroance,    6nin;«n.  Un()»t 
wooil,  ^Valkr•r.   WcUlpr.  and  \Vi->lcoll.— :!4 

NAY.?.— Mcssn.  Iliadhury,  Brichl,  Bullet,  riarko.  DicWinwo,  Dij.  HnnUr 
.lohnson,  01  Ga„  Mason,  MettaJfe,  Nilea,  Peaice,  Turn»r.  Upham.  and  Tulw.— IS 

So  it  was  "' 

Ordered,  That  the  bill  be  engrossed-  and  read  a  third  time. 

The  said  bill  was  read  a  ihird  time, 

ftaolved.  That  this  bill  pau,  and  tha^h«  title  thereof  be  at  nforcaaid. 

Ordered.  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

JACKSON   MONtlMENT. 

The  Senate  proceeded  to  consider  the  amendment  of  the  Honse  of 
Representatives  to  the  joint  resolution  giving  certain  pieoes  of 
brass  cannon  to  the  Jackson  Monument  Socioiy,  and  it  was 

Rfsotvci,  That  they  concar  therein.  > 

E.TECtJTIVE    SESSION. 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  the  Senate  pro 
cceded  to  the  consideration  of  Executive  business,  and  after  «orae- 
time  spent  therein  the  doors  were  again  opened. 

■       I 

rniVATE  BU.L. 

On  motion  by  Mr.  BALDWIN,  the  bill  for  tbe  relief  ol  Gnsta- 
vus  S.  Dorr,  was  read  the  second  time,  and  considered  as  in  Com- 
mittee of  the  Whole, 

No  amendment  being  made,  the  bill  was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time.J 

The  said  bill  was  read  a  third  timo  by  uoanimou*  "-i-rjonf 

Ucsol^f^,  That  this  paai,  and  the  titio  therecf  beasaiorttaid. 

Ordered,  That  the  Secretary  request  the  concurrence  ol  the 
House  of  Representatives  in  said  bill. 

KED    niVER    HAILROAD. 

The  Senate  proceeded  to  consider,  ,is  in  Commiitce  of  the 
Whole,  the  bill  from  ihe  House  of  Representatives  for  the  relief 
of  the  lied  river  railroad  company  ;  and  no  amendment  being 
made  it  was  reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

On  the  question  "shall  this  bill  pass?''  the  yeas  and  nays  were 
ordered,  and  it  \^^1S  determined  in  the  affirmative,  ns  follows  : 

YE.4S.— Messra,  Atchison.  Bailper.  I>ald\a^io,  Bell.  Bifr...  Claike,  Darn,  oi 
MaK^achnsells,  Davis,  of  -Miiw.,  Dsylon.  Podpe,  Downs.  Foou^,  Gfeene.  Hale. 
Hnnlcr.  Johnfoi:.  of  ^Id.,  Jotinioo,  of  L».,  Johnson,  nfGa,.  Kine,Ma3oQ,  Miller. 
Xiies.  Pearce,  Siiroanco,  Tuniev,  I'uderwood,  Upham,  Walker,  and  Weitcolf. — m. 

X.\YS. — Messis.  Bradbori-.  Dickinson.  Dix.  Hamlin. — I. 

So  it  was 

lirsr,/rrtl.  That  this  hill  |i.a". 

Ordered,  That  the  Secretary  notify  tbe  House  of  Representa- 
tives accordingly, 

fNlTED    STATES    COtTRTS    IN    NEW    JERSEY. 

On  motion  by  Mr  D.AiYTON,  the  prior  orders  were  postponed 
and  the  Senate  proceeded  to  consider,  as  in  Committee  nf  the 
Whole  ihe  bill  in  relation  to  the  terms  of  the  circuit  and  district 
courts  of  the  United  Slates  in  and  for  the  district  of  New  Jersey, 

No  amendment  being  made,  ibe  bill  was  reported  to  the  Senate 


1010 


PRIVATE  BILLS,  ETC. 


[TOESDAY, 


Ordered,  That  it  be  engrossed  and  read  a  third  time. 
The  said  bill  was  read  a  third  lime. 

Resolved,  That  it  jiass,  and  tliat  the  title  thpreof  hp  as  ^roresalit. 
Ordered.  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein. 

UNITED    STATES    COURTS    IX    liEOBGIA. 

On  motion  bv  Mr.  JOHNSON,  of  Ge(ir£;ia,  the  prior  orders 
were  postponed,  and  the  Senate  pioeecded  to  consider  as  in  Com- 
mittee of  the  Whole,  tie  act  for  dividing  the  State  of  Geor<.'ia  in- 
to two  judicial  districis,  and  organizinj;  and  establisliing  an  addi- 
tional district  court  of  the  United  States,  with  circuit  court  pow- 
ers and  jurisdiction. 

A  brief  debate  ensued  in  which  Messrs.  DAYTON,  WEST- 
COTT,  BERRIEN,  KING,  and  JOHNSON  of  Georgia  took 
part. 

No  amendment  being  made  tlie  liill  was  reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Kcsolved,  That  it  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Reprcsenta- 
tives  accordingly. 

PRIVATE    BILLS. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the  Whole, 
the  following  bills  from  the  House  of  Representatives  : 

An  act  for  the  relief  of  Samuel  Cony. 
Au  act  for  the  relief  of  Francis  S.  llolton. 

No  amendment  being  made  they  were  severally  reported  to  the 
Senate. 

Ordered,  That  they  pass  to  a  third  reading. 
Reaolvd,  Tli.it  they  p.is3. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

POST    ROUTE    BILL. 

Mr.  NILES,  from  the  Committee  on  the  Post  Office  and  Post 
Roads,  to  whom  was  referred  the  bill  from  the  House  of  Repre- 
■entatives  to  establish  certain  post  routes,  reported  it  with  amend- 
ments. 

RECESS. 

On  motion  by  Mr.  PEARCE,  it  was 
Ordered,  That  the  Senate  take  a  recess  until  54  o'clock  P   M. 

EVENING  SESSION. 

SCHOOL    LANDS    IN  AL.^BAMA. 

The  bill  from  the  House  of  Representives  to  authorize  the  State 
of  Alabama  to  apply  certain  lands,  heretofore  granted  to  that 
State  for  internal  improvements,  for  the  use  of  schools  in  the  val- 
ueless sixteenth  sections  of  said  State,  was  read  the  tirst  and  se- 
cond times,  by  unanimous  consent,  and  considered  as  in  Commit- 
tee ol  the  Whole  ;  and,  no  amendment  being  made,  it  was  report- 
ed to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time,  by  unanimous  consent. 

Rcaoli'rd,  That  they  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

EXTRADITION    TREATIES. 

The  Senate  proceeded  to  consider  the  amendment  made  by  the 
House  of  Representatives  to  the  bill  giving  efTect  to  certain  treaty 
stipulations  between  this  and  foreign  governments,  for  the  appre- 
hension of  certain  offenders. 


Ordered,  That   it   be   referred  to  the  Committee  on    the   Judi 
ciary. 

POST    ROUTE    BILL. 

On  motion  by  Mr.  NILES,  it  was 

Ordered,  That  the  bill  to  establish  certain  post  routes,  be  the 
order  of  the  day  for  to-raorrow  at  10  o'clock  A.M. 

BOUNDARY    BETWEEN    THE    UNITED    STATES   AND    MEXICO. 

On  motion  by  Mr.  HANNEGAN,  the  Senate  proceeded  to  con- 
sider, as  in  Committee  ol  the  Whole,  the  bill  to  provide  for  car- 
rying into  effect  the  fifth  article  of  the  treaty  between  the  United 
States  and  the  Mexican  republic,  for  the  establishment,  of  the 
boundary  line  between  them  ;  and,  no  amendment  being  made,  i  t 
was  reported  to  the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time. 

Itcsofrcd,  That  this  bill  pass,  anil  th.il  the  title  tliereof  be  a?  afotcTaiil, 

Ordered.  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

PRIVATE    BILL. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  granting  a  pension  to  Elizabeth  Munroe. 

On  motion  by  Mr   BREESE,  it  was 

Ordered,  That  it  lie  on  the  table. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  bill  for 
the  relief  of  George  Center,  and  having  been  amended  on  the  mo- 
tion of  Mr.  yULEE,  it  was  reported  to  the  ScLate  and  the  amend- 
ment was  concurred  in. 

On  the  question  "  ShtiU  this  bill  be  engrossed  and  read  a  third 
time?" — Mr.  ALLEN  ilemanded  the  yeas  and  nays,  which  were 
ordered,  and  it  was  determined  in  the  affirmative,  as  follows  : 

YEAS— Messrs.  nalihvin.  Rell,  Bcrrioii,  Cameron,  Clarke.  Corwin.  Uoil??. 
Downs,  Hannegan.  tlonston.  Johnson,  of  Maryland,  King.  Mason,  Miller,  Niles, 
Pearce,  Sebastian,  Westcott,  and  Ynlee — 19.        * 

NAYS — Me.ssr3,  Allen,  Atchison,  Bradbury.  Breese,  Brifxht,  Dickinson,  Dix,  Fetch, 
Johnson,  of  Georgia,  Phelps,  Sprnance,  Turner,  Untier\vood,  and  Upliam — 14. 

So  it  was 

Ordered,  That  it  bo  engrossed  and  read  a  third  time. 

The  said  bill  was  read  a  third  time. 

Resolved.  That  this  bill  pass,  and  that  the  title  thereof  be  as  aforesaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  in  this  bill. 

TERRITORY    OP    MINESOTA. 

Mr.  DOUGLAS,  from  the  Committee  on  Territories,  to  whom 
was  recommitted  the  bill  to  establish  the  territorial  government 
of  Minesota,  reported  it  with  amendments. 

STATISTICS    OF    AGRICULTURE    AND    MANUFACTURES. 

On  motion  by  Mr.  UNDERWOOD,  the  Senate  resumed  the  con- 
sideration of  the  joint  resolution  requiring  the  Commissioner  of  Pa- 
tents to  report  annually  upon  the  prices  vi  labor  and  '.he  produc- 
tions of  agriculture  ami  manufactures. 

After  debate,  in  which  Messrs.  ALLEN,  JOHNSON,  of  Ma- 
ryland, UNDERVVOOD,  and  others,  participated,  the  resolution 
was  laid  on  the  table  by  the  following  vote  : 

YEAS— Mcs»rs.  Allen,  .\tihison,  Brcc-e,  Butler,  Davis  of  Missis-ippi,  fliikin 
sou,  Dix,  Downs,  Felch,  Foote,  Hunter.  Johnson,  of  tJcorgia.King,  Lewis,  Mason. 
Niles,  Phelps,  Pebastion,  Turney,  ami  Weslcott — 20. 

NAYS — Messrs.  Dadirer,  Baldwin,  Berrien,-Caineroii,  t.'larke,  Corwin,  Davis,  of 
Massacluisetts,  tireene,  Houston,  Johnson,  of  iMaryland.  Johnson,  of  Louisiana,  MaOr 
gum,  Metcalfe,  Miller,  Pearce,  Pprnance,  and  Underwood — 17, 

On  motion. 

The  Senate  adjourned. 


August  9. J 


PRIVATE  BILLS,  REPORTS,  ETC. 


1011 


WEDNESDAY,  AUGUST  9,  1848 


REPORTS  FROM  THE  WAR  HEPARTMENT  . 

Tlie  PRESIDENT  pro  tern,  laid  before  tlio  Senate  a  coramuiii- 
catioii  from  the  Departineut  of  War,  made  in  compliance  with  a 
resolution  of  the  2Sth  idtiino,  calling  for  information  as  to  the  t^ross 
amount  paid  each  officer,  and  why  .such  information  does  not  ap- 
pear ill  the  Army  Register  uf  the  present  year;  which  was  order- 
ed to  prmtcd. 

The  PRESfDENT  pro  tern,  hiid  before  the  Senate  a  report  of 
the  Secretary  of  War,  made  in  compliance  with  a  resolution  of  the 
Senate,  accompanied  by  copies  of  the  report  of  the  superintendent 
of  Indian  atTaus,  at  St.  Louis,  iu  rchttion  to  the  difficultios  which 
took  place  at  the  Sacs  and  Fox  annuities;  which  was  ordered  to 
be  printed. 

EXTRA    COMPF.NSATION. 

Mr.  FELCH,  from  the  Committee  to  audit  and  control  the  Con- 
tingent Expenses  of  the  Senate,  reported  the  lollowing  resolution; 
which  was  read. 

^  licFutveil,  Tliat  there  be  alloweil  ;iiiil  p:ii(I  out  of  the  contingent  fiintl.  uinlerllie  di 
reelron  of  tlie  eonimiuee  to  audit  :in(l  eontrol  tile  same  to  each  of  tile  ollleers,  eierks. 
messeii^er*,  exeepIinK  the  aetinj,'  |>oslnjasteri,  and  mail  earticrs,  pages,  and  lahorers  in 
the  service  of  the  Senate,  the  same  atnouiits  respectively  that  were  paid  them  under  a 
resolution  of  the  Senate  at  the  last  long  session  of  Congress;  that  there  be  allowed  and 
paid,  in  like  manner,  to  the  librarian,  assistant  librarian,  and  messenger  of  the  Con- 
gressional  Library,  and  to  the  clerks  of  the  comniittees  of  the  Senate,  e.ach  the  name 
aiuounts  as  were  last  allowed  them  by  rwsolution  of  the  Senate. 

Resolved,  That  there  be  allowed  and  paid  as  above  to  the  acting  postmaster,  and  to 
each  of  the  m,ail  carriersof  the  Senate,  the  sum  of  threehundred  ahii  fifty  dollars,  and 
to  each  of  the  hoys  assisting  tlie  mail  carriers,  to  the  western  gate  kee[»er,  and  to  Syl- 
vester Gray,  and  Lloyd  Wallace,  each  the  sum  of  titty  dollars. 

VENTILATION  OF    THE    SINATE    CHAMBER. 

Mr.  HUNTER,  from  the  Committee  on  Public  Buildings,  re- 
ported the  following  resolution: 

,  Resolved,  That  a  sum  not  exceeding  ^'^'.770  be  exjiended  out  of  the  contingent  fnml 
"of  the  Senate  in  completing  the  system  of  ventilating  and  warming  the  .Senate  cham- 
ber, cominenceil  aud  proposeil  by  John  Skirving;  provided,  however,  that  the  money 
shall  t)e  expended  and  the  work  executed  under  the  diref:tion  of  the  Secretary  of  Ibe 
Senate. 

Mr.  HUNTER  asked  the  immediate  consideration  of  the  re«o- 
lution;  bnt  objection  being  made,  it  lies  over  under  the  rule. 

PUBLIC    PRINTING. 

Mr.  GREENE,  from  the  Committee  on  Printing,  submitted  the 
following  resolution: 

Resiilved,  That  the  Committee  on  Printing.  a|ipoiiitcd  by  the  respeeliee  Houses,  have 
leave  to  sit  in  the  recess  of  Congress  to  eu;ihle  lliein  to  execute  the  duties  required  of 
them  by  the  "joint  resolution  direetingthe  manner  of  procuring  the  printing  tortile  two 
Houses  of  Congress."  approved  the  ;fd  of  August,  l^ii.  rn>ridt-il.  That  no  member 
of  the  coinmiaee  shall  draw  pay  for  any  thing  beyond  his  actual  expense*  while 
travelling  to  and  fiom  the  capital  for  the  performance  of  the  duties  of  the  said  com 
mittee  and  Ins  per  dieiii  while  thus  engaged. 

Mr.  GREENE  was,  at  his  request,  excused  froni  service  on  the 
Comraittea  on  Printing  ;  and  the  President  pro  tent,  being  au- 
thorized to  fill  the  vacancy,  Mr.  Johnson,  of  Maryland,  was  ap- 
pointed. 

Mr.  BORLAND  was,  at  his  request,  excused  from  service  on 
the  Cominittee  on  Printing  ;  and  it  was 

Ordered,  That  the  vacancy  be  filled  by  the  Presiding  Officer. 

F.VERGLAPES     IN     FLORIDA. 

Mr.  WESTCOTT  submitted  the  following  resolution,  which 
was  considered  by  unanimous  consent  and  agreed  to  : 

Ke^olveJ  That  the  Secretary  of  the  Treasury  lie  ditecled  to  eominuiiicate  to  the 
Senate  any'  information  in  his  department  as  to  the  practicability  of  reclaiming  the 
■evweladesii)  the  Stale  of  Florida,  or  as  to  tlie  expediency  of  ceding  them  to  the  said 
Stati!  for  that  purpose,  and  his  opinion  as  to  the  best  mode  and  manner  ol  acconi 
plishing  such  object. 

POSTMASTER    OF   THE    SENATE. 

Mr.  FELCH,  from  the   Committee  to  audit  and  control    the 

..Contingent  Expenses  of  the  Senate,  to  whom  was  referreil  a  re- 
-SoUitiou  .submitted  by  Mr.  Bagby  the  I3tli  of  May.  reporti'il  the 
same  with  an  ametiduifnt  to  strike  out  all  after  "7v'f,so/reJ,,"  and 
to  insert  "  That  Jului  M.  .Tamiesoh,  |io5tuiastur  ol  the  Senate,  be 
contintted  hereafter  yearly  in  charge  of  the  post  ollice,  at  the  .same 
per  diem  he  now  receives." 

The  Senate  proceeded  to  consider  the  resolution  with  the  re- 
ported amendment  ;  and  the  amendment  being  concurred  in,  thu 
resolution,  as  amended,  was  agreed  to. 

WALLACE  AN»  CRAY. 

Mr.  FELCH,  from  the  Coinmittee  to  audit  and  control  the 
Contin<ient  Expenses  of  the  Senate,  to  whom  was  referred  the  re- 
solution submitted  by  Mr.  Hale  the  3d  of  June,  vespectins  the 


compensation  of  L.  Wallace  and  S.  Gray,  reported  it  with  an 
amendment. 

The  .Senate  proceeded  to  consider  the  resolutioa,  and  it  was 
amended  and  agreed  to,  as  follows  : 

Iie)t,tlFf<l.  That  there  W-  allowed  and  jiaid  to  1..  Wallsreand  8.  iinj.  la  the  rm 
p'oymentVf  the  Senate,  one  dollar  unit  lifty  cents  perdjv  durint'  llie  w.siiud  of  Cod 
gr«-ss.  and  one  dollar  a  day  during  tlie  vacation,  to  takeetfeet  from  thecou.iuni'.eiiieiil 
of  the  present  setfion, 

ARMY     APPROPRIATION    BILL. 

Mr.  ATHERTON,  from  the  Committee  on  Finance,  lo  whom 
was  referred  the  bill  from  the  Home  of  Kepresentativea  making 
appropriations  for  the  support  of  the  army  for  the  year  ending  on 
the  30th  of  June,  1S49,  reported  it  wiji  amendments. 

Mr.  ATHKRTON  gave  notice  thai  he  should  ask  for  ao  early 

consideration  of  this  bill. 

OHIO   AND    MISSISSIrri    RAILROAD. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands  to  whom 
was  referred  the  bill  from  the  House  of  Representatives,  granting 
the  right  of  way  through  the  public  lands  in  Indiana  and  Illinois, 
to  the  Ohio  and  Mississippi  railroad  company,  reported  it  with  an 
amendment. 

Mr.  BREESE  a.sked  for  the  immediate  consideration  of  the 
bill,  but  It  was  objected  to. 

PRIVATE    BILLS. 

Mr.  NILES,  from  the  Committee  on  the  Post  Olfico  and  Post 
Roads,  submitted  u  report  accompanied  by  a  bill  for  the  relief 
of  Samuel  F.  Buttorworth. 

Mr.  CORWIN,  from  the  Seleet  Coinroitteo  submitted  a  report 
accompanied  by  a  bill  for  the  relief  of  William  Darby. 

The  said  bills  were  read  and  passed  to  the  second  readmg. 
Ordered,  That  the  report  be  printed.  » 

DISCHARGED. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered,  That  the  Committee  on  Pensions  be  discharged  from 
the  further  consideration  of  the  following  memorials  :  of  William 
Parkeson,  of  Benjamin  Miller,  of  Ellen  F.  Smith,  of  .\.ncel  Spald- 
ing, of  William  Miller,  of  Sarah  Overback,  and  of  William  Pen- 
noyer. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

Ordered,  That  the  Committee  on  Private  Land  Claims,  be  dis- 
charged Irom  the  further  consideration  of  the  petition  of  Lieutenant 
Littleton  Barclay. 

RECESS. 

On  motion  by  Mr.  PEARCE,  it  was 
Ordered,  That  the^Scnate  will  take  a  recess  daily,  from  -I  until 
f>i  o'clock,  P.  M. 

POST    ROUTE    BILL. 

On  motion  by  Mr.  NILES,  the  prior  orders  were  postponed, 
and  the  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole  the  bill  from  the  House  of  Representatives,  to  establish 
certain  post  routes. 

The  amendments  reported  from  the  Cominittee  on  the  Post  Of 
fice  and  Post  Roads  were  concurred  in. 

After  being  further  amended  ilin  bill  was  by  unanimous  consent 
informally  passed  over. 

EXECUTIVE    SESSION. 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  the  Semile  pro- 
peeded  to  the  consideration  of  Executive  biLsincss,  and  after  seve- 
ral hours  spent  therein,  the  doors  were  again  opened. 

CLINTON   AND    KALAMAZOO    CANAL. 

On  motion  by  Mr.  FELCH.  the  prior  orders  were  postponed, 
aud  the  Senate  proceeded,  as  in  Committee  of  the  Whole,  lo  the 
consideration  of  the  bill  to  apply  cerLiin  alternate  sections  of  the 
pnblic  domain  towards  the  completion  of  the  Clinton  and  Kala- 
mazoo canal,  in  the  State  of  Michigan,  and  having  been  amended 
it  vfas  reported  to  the  Senate,  and  the  amendment  was  concorrcd 
in. 

Ordered,  That  it  be  engrossed  and  read  a  third  lime. 

The  said  bill  was  read  a  third  time. 


1012 


CIVIL  AND  DIPLOMATIC  BILL. 


[Wednesday, 


Besolo'd,  Tlml  Ihih  bill  pass,  and  tliat  the  title  thereof  be  as  aforesaid. 
Ordered,  That   the   Secretary   request   the   concurrence  of  the 
House  of  Representatives  in  said  bill. 

PRIVATE    BILL. 

On  motiou  by  Mr.  HAMLIN,  the  prior  orders  were  postponed, 
and  the  Senate  proceeded  to  consider  as  in  Committee  of  the 
Whole,  the  bill  from  the  House  of  Representatives  for  the  relief 
of  John  Farnham  ;  and  no  amendment  being  made  it  was  report- 
ed to  the  Senate. 

Ordered.  That  it  pass  to  a  third  reading. 
The  said  bill  was  read  a  third  time. 
Rtsolved,  That  it  paji. 

Ordered,  That  the  Secretary  notify  the  House  of  Representa- 
tives accordingly. 

SALE    OF    RESERVED    LANDS. 

On  motion  by  Mr.  BREESE,  the  prior  orders  were  suspended 
and  the  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  to  authorize  the  sale  of  reserved  lands  and  for  oth- 
er purposes  ;  and,  no  amendment  being  made,  it  was  reported  to 
the  Senate. 

Ordered,  That  it  be  engrossed  and  read  a  third  time. 
The  said  bill  was  read  a  third  time. 
Keeotved,  That  it  pas^  and  that  the  title  tliereof  be  es  aibresaid. 

Ordered,  That  the  Secretary  request  the  concurrence  of  the 
House  of  Representatives  therein.  . 

PRIVATE  BILLS. 

On  motion  by  Mr.  DAVIS,  of  Massachusetts,  the  prior  orders 
were  postponed,  and  the  Senate  proceeded  to  consider,  as  in  Com- 
mittee of  the  Whole,  (ho  bill  from  the  House  of  Representatives 
for  the  relief  of  Alborne  Allen  ;  and,  no  amendinent  being  made, 
it  was  reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Resolved,  Tliat  it  pass. 

Ordered,  That  the  Secretary  notify  the  House  of  Represenia- 
lives  accordingly. 

On  motion  by  Mr.  FOOTE,  the  prior  orders  were  postponed, 
and  the  Senate  proceeded  to  consider,  as  in  Committee  of  the 
Whole,  the  bill  from  the  House  of  Representatives  for  the  relief 
of  Joseph  Perrv,  a  Choctaw  Indian,  or  his  assignees  ;  and,  no 
amendment  being  made,  it  was  reported  to  the  Senate, 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time. 

Resoired,  That  it  pass, 

Ordered,  That  the  Secretary  notify  the  House  of  Representatives 
accordingly. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  the  prior  orders 
were  postponed,  and  the  .Senate  proceeded  to  consider,  as  in  Com- 
mittee of  the  Whole,  the  bill  from  the  House  of  Representatives 
for  the  relief  of  the  heirs  and  widow  of  Francis  GramiUion  ;  and, 
no  amendment  being  made,  it  was  reported  to  the  Senate. 

Ordered,  That  it  pass  to  a  third  reading. 

The  said  bill  was  read  a  third  time.  '         ,, 

/ie^o/i'ed,  That  It  pass.  ff-      .t.-. 

Ordered,  That  the  Secretary  notify  the  House  ot  Representa- 
tives accordingly. 

The  Senate  then  took  a, recess. 

EVENING  SESSION. 

Mr.  BUTLER,  from  the  Committee  on  the  Judiciary,  reported 
buck  the  amendments  from  the  House  to  the  bill  giving  eliect  to 
certain  treaty  stipulations  betvycen  this  and  foreign  governments 
for  the  apprehension  anil  delivering  up  of  certain  otfenders,  with  a 
recommendation  that  the  Senate  do  not  concur  ;  and  Mr.  B.  sta- 
led that  it  was  with  a  view  to  the  appointment  of  a  coitimittee  of 
cunferenee. 

Mr.  DOUGLAS  moved  to  proceed  to' the  consideration  of  ihi: 
bill  to  establish  a  government  in  the  territory 'of  Oregon. 

Mr.  JOHNSON,  of  Maryland,  wished  the  Senator  from  Illinois 
to  forego  his  motion  for  the  present,  and  consent  to  call  it  uj|  at 
lO  o'clock  to-morrow.  He  professed  himself  as  anxious  as  the  Se- 
nator to  have  it  disposed  of,  but  he  thought  the  present  hour  not 
suited  to  the  discussion.  ;':'      '■  ;v.:.  .;u 

Mr.  DOUGLAS  would  acqulep?ie,',t«)(l:  withiJraw  his.fjip^^iop, 
with  the  distinct  understanding  that  it  ^hoiild'bej taken  up  to-mor- 
row, at  11  o'clock.     {Cries  of  "agreed!'*^'     ,  |',,"'     ,,  ,      ,.,  ,T 

Mr.  DOWNS  contended  that  the  Post  OfSco  bill  was  the  unfin- 

ibhcd  business,  and  should  come  up  as  a  matter  of  course.  ". 

The  CHAIR  gave  it  as  hia  opinion  that  it  wAs  first  in  order. 


Mr.  ATHERTON  then  moved  to  postpone  the  further  conside 
ration  of  the  Post  Office  bill,  with  a  view  to  take  up  the  bill  ma- 
king appropriation  for  the  military  service  of  the  United  States 
for  the  year  ending  30th  June,  1849  ;  which  motion  was  agreed  lo 

Mr.  ATHERTON  submitted  various  amendments  from  the 
Committee  on  Finance  :  the  first  taken  up  for  consideration  was, 
"for  arrearages  for  military  surveys  west  of  the  Mississippi,  $20,- 
000  ;"  which,  after  a  brief  explanation,  was  adopted. 

Several  important  amendments  of  the  committee  were  adopted. 

The  amendment  granting  $200,000  for  the  military  and  civil  op- 
erations in  California  under  command  of  Commodore  Stockton 
and  Lieutenant  Colonel  Fremont,  was  next  taken  up. 

Mr.  DAVIS,  of  Massachusetts,  said  the  sum  was  a  pretty  large 
one,  and  he  wished  some  information  on  the  subject. 

Mr.  ATHERTON  replied  that  the  amendment  was  a  portion 
of  the  bill  that  had  already  passed  the  Senate,  and  related  only  to 
ascertained  claims. 

Mr.  UNDERWOOD  inquired  if  a  bill  had  not  already  been 
passed  giving  §700,000  for  the  settlement  of  the  California  claims, 
and  desired  lo  be  informed  what  necessity  existed  for  this  addi- 
tional $200,000. 

Mr.  BENTON  explained  at  length,  going  into  a  history  of  the 
case,  which,  while  it  amused,  seemed  to  convince  the  Senate  of 
the  necessity  for  adopting  the  amendment. 

The  amendment  was  adopted  by  a  large  majority. 

Mr.  DAVIS,  of  Mississippi,  offered  various  amendments  from 
the  Military  Committee,  which  were  adopted  :  one  increasing  the 
companies  of  some  of  the  regiments  to  64,  with  the  privilege  of 
extending  the  number  to  100  men,  should  the  President  think  pro- 
per. 

Mr.  JOHNSON,  of  Louisiana,  moved  to  amend  the  bill  by  in- 
serting^n  appropriation  of  §15,000  for  a  fort  on  Proctor's  Island, 
in  Lake  Borgne,  contending  with  great  zeal  and  animation  for  the 
adoption  of  the  amendment. 

Mr.  ATHERTON  insisted  that  this  was  not  a  fortification  bill, 
and  that  the  amendment  was  not  an  appropriate  one  for  the  mili- 
tary bill. 

Mr.  JOHNSON  insisted  that  It  was  the  bill  to  which  it  ought 
to  be  affixed.  When  he-  had  offered  the  amendment  to  the  naval 
appropriation  bill,  he  was  told  by  the  same  Senator,  "that  was 
not  the  place  for  it  ;  wait  until  the  civil  and  diplomatic  bill  comes 
before  us  here."  He  had  wttited  patiently  for  this  bill,  and  when 
he  ofiered  it  again  was  told  that  was  not  the  place  for  it  ;  and 
now,  when  he  offered  it  to  the  onlv  bill  that  it  could  be  attached, 
here  was  the  same  story.  He  insisted  that  it  should  so  to  the 
bill. 

Mr.  BENTON  came  to  the  rescue  of  the  amendment,  declar- 
ing that  Proctor's  Island  was  an  old  acquaintance  of  his,  observ- 
ing that  he  had  voted  for  the  appropriation  on  all  occasions,  and 
should  do  so  on  the  present,  agreeing,  at  the  same  time,  with  Mr. 
J.,  that  the  present  bill  was  the  legitimate  one  to.  which  the 
amendment  should  be  attached. 


DIX,     BREESE,   and 


After    a   few    remarks   from    Messrs. 
BRIGHT,  against  the  amendinent — 

Mr.  JOHNSON  demanded  the  yeas^find  nays,  whiofi  .were  or- 
dered, and  the  vote  stood  as  follows  •' 

YEAS— Measra.  Atchison,  Badger.  Baldwin,  Bell,  Benton.  Berrien,  Borland, 
''ameron,  Clarke,  Dodge.  Downs.  Fiizgerald,  Foote.  Johnson,  of  Louisiana,  Mao- 
gum,  Pearce.  Sebastian,  Walker,  \Vebsier,and  Westcolt. — 2lt. 

NAYS— Messrs,  Aliiertun,  Bradbury,  Brepse,  Bright.  Butler.  Calhoun,  Corwin, 
Davis,  of  Mass..  Davis,  of  .Mississippi,  Dayton.  Dickinson.  Di.-c,  Felcii,  Hamlin,  Hun- 
ter, Johnson,  of  .Maryland,  .lohnson.  of  Georgia,  King-,  Metbalfe,  .MiOer,  Nites,  Phelps, 
:Spruance,  Turney,  Underwood,  and  Yulee — ^G. 

Mr.  HANNEGAN  moved  to  amend  the  bill  by  granting  a  dis- 
charge to  such  of  the  mounted  rifle  regiment  intended  for  Califor- 
nia who  had  served  in  Mexico  as  might  please  lo  avail  themselves 
of  it — addressing  the  Senate  and  "paying  a  wefl-merited  compli- 
ment to  this  regiment,  which  and  been  first  in  every  fight,  and 
leading  in  every  forlorn  hope.  i 

Mr.  ALLEN  supported  the  amendment,i  declaring  his  belief 
that  they  were  entitled  to  their  discharge  under  the  law. 

Mr.  BORLAND  tilso  sj)oko,  handsomely  of  these  gallant  men, 
declaring  they  were  Kfs  brethren  in  arms, 'and  with  them  he  bad 
first,  met  the  enemiesof. his  country.      ,ii   i-.^ii    "    .:  l,   ,ii;. 

Mr.  DAVIS,  of  Mississippi,  opposed  the  amendment,  declaring 
that  they  were  not  entitled  under  the  law  to  their  discharge,  ana 
doubting  the  policy  of  allowing  them  lo  leave  the  service. 

The  question  was  taken  on  the  amendment,  and  it  >vas  adopted. 

Mr.  ALLEN  moved  lo  amend  the  bill  by  inserting  an  item  giv- 
ing $600,  with  interest  from  1847,  to  Captain  John  Caldwell,  for 
moneys  paid  by  him  in  Mexico.  .,     :  .■,.     :..  ,i. ,;,.....         .,...,| 

This  amendment  was  resisted  on  tho'grdiin'd  tlSWlt  *as  a  pH- 
vate  claim,  and  should  not  be  inserted  in  the  bill  ;  and,  after  some 
debate,  in  which  MessVs.  ALLEN,  ATHERTON,  and  .DAVIS, 
of  Mississippi,  parlioipated,  the  question  waa.taken.by  yeas  afid 
nays,  and  decided  as  follows  :  ...  .u/.;i  iin.i.iinrKj 


August   9.1  CIVIL  AND  DIPLOMATIC  BILL.  1013 

Brr.K  ?;^leXVwr:Do^„tFr■"^^efa?.t^S;er  Hc;;;i  ^'^^^°'  ^^'"^  '«'' '"  ^"V  Considerable  debate,  and  were  rejected. 

Divitof  MissUiM'pi.  nickiiison.  Dix,  Douglns.  Hamlin  n.inur  King  Ma.oi.  NM..       concurred  in,  ihe  bill  was  read  a  third  time  and  passed. 
Sprn»nM.8DdY..(e«-I6.  '  '  Qn  motion, 

Amendments  were  oflered  hy  Mr.    BELL,   and  by'Mr.   BOR-  Tlie  Senate  adjuuriied. 


'si'lo  ?iJH   ,??if!viqffl<?9  mwff'M  i'rii 


1014 


THE  OREGON  BILL. 


[Thursdav, 


THURSDAY,  AUGUST  10,  1848. 


\ 


The  PRESIDENT  pro  tern,  laid  before  the  Senate  a  report 
from  the  Secretary  of  War,  made  in  compliance  with  a  resolution 
of  the  9th  instant  J  in  relation  to  reclaiming  the  everglades  in  the 
State  of  Florida.  It  was  referred  to  the  Committee  on  Public 
Lands. 

REPORTS    FROM    COMMITTEES. 

Mr.  CAMERON,  from  the  Committee  on  Printing,  made  an 
elaborate  report  ;  which  was  ordered  to  be  printed. 

Mr.  YULEE,  from  the  Conimitlee  on  Naval  AfTairs,  reported 
a  bill  for  the  relief  of  the  captors  of  the  frigate  Philadelphia  ; 
which  was  read  a  first  time. 

Mr.  DAYTON,  from  the  Committee  on  the  Judiciary,  asked 
that  the  commiltee  be  discharged  from  the  further  consideration 
of  ihc  petition  of  William  H.  Rogers. 

Mr.  DAYTON  also  moved  that  the  Committee  be  discharged 
from  the  further  consideration  of  the  following  bills,  which  was 
agreed  to  : 

The  bill  changing  the  places  and  fixing  the  times  of  holding  the 
circuit  and  district  courts  in  the  district  of  Vermont. 

The  bill  to  change  the  place  of  holding  the  district  court  of  the 
United  States  for  the  middle  district  of  Alabama. 

Also,  from  the  memorial  of  Charles  F.  Sibbald. 

Mr.  HANNEGAN,  from  the  Committee  on  Roads  and  Canals, 
reported  House  bill  to  surrender  to  the  State  of  Indiana  the  Cum- 
berland road,  in  the  said  State,  without  amendment,  and  urged 
upon  the  Senate  its  immediate  consideration  ;  which  was  agreed 
to,  and  the  bill  was  passed. 

Mr.  JOHNSON,  of  Louisiana,  from  the  Committee  on  Pen- 
sions, asked  that  the  commiltee  be  discharged  from  the  furlher 
consideration  of  the  petitions  of  Patrick  Masterson,  of  Rebecca 
Robeson,  and  of  W.  Rail. 

Mr.  JOHNSON  also,  from  the  same  conimitlee,  made  an  ad- 
verse report  on  the  petition  of  Eliza  Buchanan. 

Mr.  JOHNSON  also,  from  the  same  committee,  asked  that  the 
committe*  be  discharged  from  the  further  consideration  of  House 
bill  lor  the  relief  of  Catherine  Clarke,  and  that  il  be  referred  lo 
the  Committee  on  Naval  Affairs. 

RESOLUTION. 

Mr.   CAMERON  submitted  the  following  : 

hfXDtveil,  That  the  Sei-relary  of  War  he  re<iueste(l  to  coimiiuiticate  to  tlie  Senate 
any  intormation  that  may  he  within  the  knowledge  of  the  department  in  refeience  to 
claims  made  against  the  Clierokees  who  are  parties  to  the  treaty  of  Aupnst  G.  1846. 
especially  aframst  that  portion  of  the  nation  called  Old  Settlers,  or  Western  Chero 
kees,  for  services  or  any  other  aid  and  assistance  rendered  the  sairl  Cheiokees,  in  the 
prosecution  of  their  claim,  which  resnlted  in  the  treaty  afterwards.  If  such  claims 
are  based  on  written  contracts,  he  is  requested  to  state  whether  the  contracts  were 
made  by  the  dniy  authorized  representatives  of  the  Chero/a:es,  in  theii  natiouai  or 
aff^reirate  capacity,  for  the  henefit  of  those  who  are  made  recipients  by  the  treaty  in 
an  moneys  arising  out  of  the  settlement  of  their  claims.  And  also  wtietlier.  within 
the  knowledge  of  the  department,  such  contracts  have  been  fully  and  failhtnlly  com 
-  plied  with,  as  far  as  practicable,  by  the  otlier  parlies  named  in  them.  And  that  he 
will  communicate  tiie  evidence  upou  which  he  bases  his  opinion,  with  any  paper  in 
possession  of  the  department  showing  the  extent  of  the  services  rendered,  and  the  c  ha 
tacter  of  the  claims  thus  made  against  the  monevs  which  may  he  awarded  under  the 
treaty  of  August 6,  18411. 

LIGHT    HOUSE    BILL. 

The  Senate  proceeded  to  consider  the  amendments  of  the  House 
to  the  bill  making  appropriations  for  light-houses,  light  boats, 
buoys,  &c.,  and  providing  for  the  erection  and  establishment  of 
the  same. 

On  motion  by  Mr.  DAVIS,  the  amendments  of  the  House  were 
concurred  in,  with  the  exception  of  the  last  amendment,  and  the 
House  was  duly  notified  of  the  fact. 

Mr.  Lewis,  of  Alabama,  was  ap|>oiiUed  on  the  Committee  on 
Printing,  in  the  place  of  Mr.  hoRL.iNU,  during  the  recess. 

The  Senate  then  timk  up  the  bill  to  establish  certain  post  routes, 
with  the  amendments  reported  thereto;  and,  after  ser:»ral  amentl- 
miMit-s  had  been  adopted — 

REDUCTION    OF    POSTAGE. 

Mr.  NILES  moved  to  amend  the  bill,  by  inserting,  as  an  addi- 
tional section,  the  bill  reported  by  the  Coinmittee  on  the  Post 
Office  and  Post  Roads,  to  reduce  the  rates  of  postage. 

Mr.  NILES  explained  that  a  bill  had  been  received  from  the 
House  of  Ropre.sontatives  which  made  a  greater  reduction  in  the 
rates  of  posttigo  than  was  projiosed  by  this  bill.     The  reductions 

in  th»t  bill  ^inMraved  a  variety  of  ftatacss;  Nl  ia  spine  poiais  i^ 


was  very  objectionable.  The  hill  now  offered  as  an  amendment , 
was  simple  in  its  provisions.  If  any  objection  was  made  to  it,  he 
would  withdraw  it.  But  as  the  session  was  approaching  its  close, 
and  there  would  be  no  other  opportunity  to  act  on  the  subject,  he 
would  be  gratified  if  the  Senate  would  take  a  vote  on  the  propo- 
sition. 

Mr.  BORLAND  said  he  was  opposed  to  the  distinction  made 
between  the  transportation  of  newspapers  within  a  distance  of 
tliirtv  miles  and  those  which  were  transported  fifty  or  sixty  m.les. 
The  clause,  as  it  stands,  would  do  very  w»ll  for  cities,  and  where 
the  population  was  dense,  but  it  would  not  answer  at  all  in  the  re- 
mote parts  of  the  country,  where  subscribers  live  a  great  distance 
apart . 

Mr.  DICKINSON  proposed  an  amendment  to  allow  the  trans- 
portation of  country  papers  to  any  distance,  free  of  postage. 

Mr.  WESTCOTT  desired  to  see  all  newspapers  ptit  on  the 
same  footing,  whether  city  or  country,  and  without  regard  to  dis- 
tances.    He  was  opposed  to  partial  benefits. 

Mr.  BEtNTON  remarked,  that  you  might  travel  in  the  West 
.some  hundred  miles  without  coming  to  a  town.  He  thought  there 
was  no  eiiuality  in  the  bill  as  it  stood,  making  as  it  did  an  invid- 
ious distinction. 

Mr.  CAMERON  referred  to  the  provision  of  the  bill  which  al- 
lowed the  newspapers  to  pass  free  in  the  country  where  they  were 
published.  The  daily  papers  published  in  cities  derived  great  ad- 
vantages from  the  introduction  of  steam  power.  They  made  up 
their  weekly  papers  from  the  daily,  and  circidated  them  with 
greater  facility  than  was  possessed  by  the  country  editors.  He 
had  an  amendment  prepared,  which  he  thought  would  meet  the 
case,  so  as  to  remove  any  objection. 

The  amendment  was  not  submitted,  as  it  was  decided  to  be 
out  of  order  at  this  stage  of  the  proceedings. 

Mr.  ALLEN  said  there  would  never  be  a  law  which  did  not 
operate  more  hardly  on  one  than  on  another.  He  looked  to  the 
aggregate  good  which  would  be  effected.  He  went~  on  to  speak 
of  the  condition  of  printers,  who  are  proverbially  poor.  He  never 
knew  a  rich  printer.  They  work  harder  for  nothing  than  any 
other  class  of  persons.  Their  debts  were,  separately,  small,  though 
large  in  the  aggregate,  and  are  so  scattered  over  the  country  that 
they  can  scarcely  ever  be  collected.  He  thought  this  little  boon 
granted  to  them  should  be  willitigly  given. 

Mr.  DICKINSON  also  alluded  to  the  power  of  the  city  papers 
to  put  down  the  country  press.  He  thought  his  amendment  would 
have  the  effect  of  sustaining  the  country  papers. 

Mr.  DOUGLAS,  at  this  stage,  called  for  the  special  order, 
being  the  bill  to  establish  a  territorial  government  in  Oregon,  but 
the  motion  was  not  sustained. 

Mr.  NILES  stated,  that  the  entire  exemption  of  papers  I'rom 
postage  would  diminish  the  compensation  of  the  small  postmasters, 
while  it  would  add  greatly  to  the  burden  of  business  thrown  upon 
them.  The  tax  of  half  a  cent  would  enable  the  postmasters  lo 
defray  the  expense  of  putting  up  the  papers  and  delivering  I  hem. 

Mr.  DOUGLAS  renewed  his  call  for  the  special  order,  and 
asked  for  the  yeas  and  nays,  which  were  ordered. 

The  question  was  then  taken,  and  decided  as  follows: 

YEAS.— Messrs.  Allen.  Baldwin,  Benton,  Bradbury.,  Breese,  Bright.  Conviu. 
Davis,  of  Massachusetts,  Daylon,  Di\,  Dodge,  Douglas.  Downs,  Felrh.  Fitzgerald, 
Greene,  Hate,  Houston,  Johnson,  of  .Maryland,  Johnson,  of  Georgia.  Lewis,  Mason, 
Miller,  Phelps.  tTpbam,  and  Webster — 2fi. 

NAYS.— Messrs.  Atchison.  Badger.  Rell,  Berrien,  Borland.  Butler.  Calhoun, 
Cameron,  Foote,  Hamlin,  Hannegao,  Hunter.  Johnson,  of  Louisiana,  King.  Man- 
gum.  Metcalfe.  Niles,  Pearce,  Sebastian,  Spruance,  .Sturgeon,  Tnrney,  llnderwood, 
ami  Yulee. — '24. 

THE    OREGON    BILL. 

The  Senate  then  resumed  the  consideration  of  the  bill  to  establish 
a  Territorial  Government  in  Oregon. 

The  tpiestion  being  en  the  motion  of  Mr.  Underwood,  to  strike 
out,  in  page  seventeen,  line  one,  the  words,  '"thirty-six  degrees  and 
thirty  minutes,"  and  inserting  "lorty-two  ;"  and  also  the  words, 
''usually  known  as  the  Missouri  compromise" — ■ 

Mr.  WEBSTER  addressed  the  Senate.  He  admitted  the  pro- 
priety of  the  establishment  of  a  territorial  government  in  Oregon, 
and  lie  was  willing  to  vote  for  this  bill  as  it  came  from  the  Hifuse. 
If  amended  as  now  proposed,  he  would  not  be  able  to  vote  for  it. 
He  recited  the  words  of  the  section,  and  said,  the  amendment 
proposed  gave  a  reason  for  the  application  of  the  principle  ol  iho 
oidinanoe  of  1787  to  the  territory  of  Orec;on.  When  a  single 
reason  was  given  for  .any  act,  it  was  intended  to  be  inferred  that 
there  were  no  other  reasons.     The  territory  of  Oregon  was  above 

the  lin*  sf  tbe  MissoHri  soroprpraiset    His  (•bjeetira  to  slavery 


August   10.  | 


THE  OREGON  BILL. 


1015 


was  irrespective  of  lines  and  points  of  latitade  :  it  took  in  tbe 
wliole  country,  and  the  wliole  question.  He  was  opposed  to  it  in 
every  shape,  and  in  every  qualification  ;  and  was  against  any 
compromise  of  the  question. 

As  to  California  and  New  Mexico,  he  said  it  was  easy  to  fore- 
see to  whiit  the  acquisition  of  this  territory  would  lead.  He  wish- 
ed it  were  as  easy  to  see  that  there  would  bo  a  harmonious  con- 
clusion of  the  matter.  He  congratulated  himself  that  he  had 
taken  no  part  in  the  late  war,  except  to  oppose  its  commence- 
ment with  all  his  iuiixht.  and  at  the  close  to  oppo.si'  the  treaty 
with  all  his  mif^ht.  He  believed  the  war  itself  to  he  a  calamity. 
He  looked  on  the  treaty  by  which  it  had  been  concluded  as  a  ca- 
lamity ;  and  he  greatly  feared  that  the  treaiy  would  turn  out  to 
be  the  most  permanent  calamity. 

Mr.  BUTLER  ccaitended  that  the  establishment  uf  govern- 
ments in  the  territories  of  California  and  New  Mexico,  ought  to 
have  been  embraced  in  this  Oregon  bill.  He  disapproved  of  this 
policy  of  giving  especial  protection  to  the  territories  north  of  the 
Missouri  lino  of  eompromiso,  and  giving  to  the  North  all  that  va- 
luable portion  of  the  Union.  The  resolutions  of  the  .State  of  Vir- 
ginia, which  were  referred  to  the  other  day  by  a  Senator  from 
that  State,  [Mr.  Mason,]  had  been  responded  to  by  all  tbe  south- 
ern States  of  the  Union.  He  thought  that  Stales  should  never 
pass  resolutions  until  they  were  sure  that  the  citizens  would  sus- 
tain them.  He  would  tell  the  Senate  that  his  advice  to  his  con- 
siituents  would  be.  to  go  to  these  new  territories  with  arms  in 
their  hands  ;  to  go  as  armed  communities,  and  take  possession  of 
the  lands  which  they  had  helped  to  acquire,  and  see  who  would 
attempt  to  dispossess  them.  Would  the  military  force  of  the 
United  States  shoot  down  the  ploughman  at  his  plough  ?  So  help 
him  God,  he  would  so  advise  his  constituents,  to  take  with  I  hem 
their  property  there,  and  settle  at  all  hazards.  Ho  was  willing, 
had  the  compromise  bill  passed,  to  bow  to  it,  and  if  the  decision 
of  the  Supreme  Court  should  have  been  adverse  to  his  opinions, 
he  would  submit  to  it.  But  that  bill  had  been  not  only  rejected 
by  the  House  of  Representatives,  but  it  had  been  treated  with  so 
little  respect,  that  he  felt  it  due  to  himself  and  to  the  South  to  let. 
their  position  be  well   understood.     He  was  opposed  to  the  bill. 

He  had  always  opposed  a  war  of  conquest  and  aggrandizement, 
for  he  had  foreseen  that  our  triumphs  would  turn  out  to  be  apples 
of  discord  from  which  serious  evils  would  result.  He  should  now 
take  his  position,  and  let  Congress  make  what  laws  they  may,  he 
would  advise  his  constituents  to  assert  their  rights  with  arms  in 
their  hands,  and  take  possession  of  the  Innd.  The  siibtlolics  and 
sophisms  of  the  laws  of  nations  would  be  feeble  barriers  to  the 
spirit  which  would  show  itself  in  the  South.  He  would  go  home 
and  telVhis  constituents  these  views,  and  ho  trusted  he  had  not  so 
much  infirmity  as  to  shrink  from  carrying  them  into  etreet.  Times 
and  circumstances  had  changed  the  character  of  this  hill  for  the 
establishment  of  a  territory  in  Oregon  from  what  it  was  two  years 
ago.  Then  it  was  comparatively  innocent;  now  he  regarded  it  as 
a  masked  battery,  from  behind  which  the  institutions  of  the  South 
were  to  be  assailed  with  a  firm  determination  to  subdue  them. 
The  South  would  not  fear  a  contest.  She  was  ready  to  meet  her 
opponents  in  a  fair  and  open  manner,  but  she  would  rise  Indignant 
against  these  covert  attacks.  He  was  ready  to  embark  in  the 
boat  with  his  State,  and  to  trust  it  to  the  eare  of  Heaven.  So 
boautifidly  are  the  eleinents  of  our  government  arranged,  that 
they  scarcely  require  the  agency  of  man  to  secure  their  harmoni- 
ous and  permanent  progress.  But  the  act  of  man  could  pervert 
and  destroy  these    tendencies,  and  produce  discord  and  confusion. 

Mr.  DOUGLAS,  desiring  to  have  the  bill  placed  in  a  proper 
shape,  would  not  make  any  remarks  in  this  stage. 

Mr.  HALE  then  made  some  observations,  referring  to  (he  his- 
tory  of  the  Texas  annexation  and  the  Oregon  ipiestion  in  connec- 
tion with  it.  At  the  time  of  passage  of  the  Texas  resolulion,  the 
Oregon  question  was  introduced,  and  a  motion  was  made  to  at- 
tach It  to  the  Texas  bill.  The  mover  did  not  withdraw  his  motion, 
and  the  Oregon  feature  was  sustained  by  a  largo  majority.  The 
two  South  Carolina  Senators  voted  against  the  consideration  of  the 
bill  in  the  Senate,  and  thus  defeated  it;  and  when  he  coupled  this 
with  a  declaration  of  a  South  Carolina  Representative  in  the  House. 
that  if  the  clause  prohibiting  the  introduction  of  slavery  in  Oregon 
prevailed,  it  would  be  defeated  in  the  Senate — when  he  put  these 
facts  together,  they  appeared  to  him  to  be  indicative  of  an  under- 
stood and  concocted  agreement.  He  spoke  of  ihe  eaurse  of  the 
Senator  from  South  Carolina,  and  was  about  to  remark  on  his 
manner,  when — 

Mr.  BUTLER  explained  that  the  proceedings  of  the  South 
Carolinians  were  marked  as  much  by  moderation  and  calmness  as 
by  determination. 

Mr.  HALE  resumed.  They  were  doubtless  as  much  marked 
by  moderation  and  calmness  as  was  the  course  of  their  Senators 
here;  and  if  this  was  moderation  and  calmness,  he  would  like  to 
know  what  was  heat  and  intemperance.  We  are  told  that  if  we 
do  not  yield  to  their  wishes,  they  will  resist  to  blood. 

Mr.  BUTLER  did  not  say  that  it  would  be  so,  but  that  he 
would  give  his  advice  to  that  effect. 

Mr.  HALE  said,  if  the  voice  of  the  Senator  went  deep  into  the 
hearts  of  his  constituents,  he  might  produce  much  mischief. 

Mr.  UNDERWOOD  withdrew  his  proposition  to  amend,  as  ho 
perceived  the  sense  of  the  Senate  was  against  it. 


The  qnestion  then  recurrmg  on  the  amendment  as  reported  by 
the  committee — 

Mr.  CALHOUN  said  he  should  vote  against  the  amendment, 
because  he  regarded  It  as  ambiguous,  an<l  he  was  against  all  am- 
biguity. Again,  he  opposed  it  because  the  North  could  not  be 
more  determined  to  exclude  the  South  than  he  was  to  resist  such 
exclusion  He  would  |je  as  linn  in  maintaining  his  ground  as  norlli. 
orn  Senators  were  in  maintaining  theirs.  A  majority  would  al- 
ways be  able  to  carry  their  views:  but  here  a  minority^  aided  by 
a  fe\y  from  the  majority,  attempted  to  impose  on  the  Son  h  rc- 
stricti<Mis  which  could  not  be  submitted  to. 

This  question,  in  his  opinion,  would  never  heal  itself;  it  must 
go  through,  and  the  sooner  it  is  met  the  better.  He  believed  the 
question  would  never  heal  or  be  tcrminali-d  here.  In  the  body 
politic,  as  well  as  in  the  natural  body,  there  arc  diseases  which,  if 
not  timely  checked,  must  cnil  fatally.  There  Is  an  impression  here 
that  slavery  Is  sinful.  This  was  not  rashly  asserted  by  hiiii,  as 
he  had  resided  some  time  in  Now  England,  and  had  then  become 
eonvineed  that  it  would  lend  to  seri')us  exils.  How  it  came  up 
here,  he  would  not  now  stop  to  examine.  This  government  had 
assumed  a  consolidating  tendency,  and  this  has  prcKluced  a  per- 
version of  feeling  and  id'  policy,  of  which  the  course  now  pursued 
in  relation  to  the  South  Is  one  of  the  etfects.  The  country  Is  now 
agitated  throughout;  and  there  aro  political  circumstances  which 
will  prevent  this  excitement  from  dying  out.  The  conviction  of 
the  sinfulness  of  slavery  In  the  North  will  keep  this  excitement 
from  subsiding. 

He  then  adverted  to  the  Induonce  of  this  question  on  the  pend- 
ing Presidential  election,  anil  the  cfTecls  it  must  exert  on  the  vote 
of  the  South.  Ea<-!i  party  will  try  to  keep  this  question  separate, 
to  keep  the  people  in  the  dark,  and  lo  siqipress  the  discussion  of  It, 
lest  It  might  result  in  iiijiirv.  He  intimated  that  the  South  must 
naturally  Incline  to  yioltl  to  the  North;  and  touched  upon  the  sug- 
gestir>ns  made  f>y  southern  delegations  as  to  the  course  to  be  pur- 
sued to  put  down  abolition.  A  diirerence  of  opinion  arising  be. 
twccn  the  members,  the  course  adnpted  by  the  House  in  llie  recep- 
tion of  abolition  petitions  had  led  to  constant  discord  and  uproar, 
while  in  the  Senate  only  one  petition  rin  the  subject  had  ever  been 
presented  there  wlllioiii  the  question  of  reception  being  called. 

He  referred  lo  the  insurrections  of  the  slaves  in  the  West  India 
Islands  ;  and  the  same  spirit,  though  suppressed,  exists  here.  Ho 
dreaded  the  result  which  would  follow,  if  the  same  spirit  which 
now  animated  the  North  should  continue  to  grow  and  spread.  He 
feared  that  the  ctlt'ct  of  ihis  growing  spirit  was  felt  In  the  Senate, 
whcrt^the  eom]iromlse  bill  was  inirotliire^l  and  passed  ;  yet,  when 
It  WHS  rejected  in  the  House,  niirl  iliis  bill  relating  to  Oregon  came 
here,  not  one  of  those  northern  Senators  who  were  Irlendly  to  that 
compromise  ventured  to  move  an  amendment  by  attaching  the 
compromise  bill  lo  this  Oregon  bill.  Ho  referred  to  the  positions 
taken  by  the  South  and  the  North  on  the  slave  question.  The  lat- 
ter had  been  unable  to  meet  the  arguments  of  the  southern  Sena- 
tors, and  turned  out  ol  the  direct  course  to  discuss  Ihe  question  of 
the  extension  of  territory,  which  was  not  connected  with  the  sub- 
ject, and  was  not  advocated  by  a  single  representative  from  his 
State.  Ho  would  now  tell  the  people  of  the  South  that  ihey  can 
never  settle  this  riuestion  until  they  take  it  into  own  their  hands. 
It  was  unnecessary  for  him  to  assert  now  his  regard  for  the  Union. 
His  whole  lile  was  sullieiently  known.  His  time,  his  mind,  and 
all  his  energies  had  been  given  to  it  ;  and  he  made  a  solemn  ap- 
peal to  the  Senate  not,  by  their  own  hands,  to  destroy  this  glori- 
niis  fabric  of  our  constitiilii-'ii.  He  believed.  If  the  trreai  struggle 
should  come,  the  calamity  will  not  fall  the  heaviest  on  the  ^"uth. 
In  the  North  the  divisions  were  so  numerous  as  to  keep  the  peo- 
ple distracted  and  disunited,  while  in  the  South  all  are  tiniteil.  Uo 
admitted  that  the  South  was  noor  in  comparison  with  the  North  ; 
but  if  slavery  had  impoverisheu  the  South,  had  it  impoverished  the 
North?  Slavery  had  benefited  all  mankind — all  countries  but  the 
South.  Slavery,  like  the  waters  of  the  Nile,  had  spread  its  fertil- 
izing inllucnees  over  all  the  world.  It  had  benefited  all  bnt  the 
southern  planter,  who  had  been  the  tutor,  the  friend,  as  well  as 
Ihe  master,  of  the  slave,  and  had  raised  him  up  to  civilization. 
And  the  South  h.id  made  g'oat  concessions  to  the  North  for  the 
purpose  of  cementing  the  Union. 

Mr.  MANGUM  said  ho  should  vote  for  the  amendment,  bo.' 
cause  he  regarded  it  as  a  modification  ;  but  whether  it  prevailed 
or  not,  he  should  vote  against  the  bill. 

Mr.  NILES  said  the  whole  course  of  the  South  had  in  view  the 
extension  of  slavery.  Ho  denied  that  the  South  had  been  weak- 
ened, and  compelled  to  make  concessions  to  the  North.  The  com- 
promise bill  was  no  concession  of  the  South,  oven  in  the  opinions 
of  southern  men  themselves,  and  certainly  it  was  not  so  in  the  ge- 
neral estimation  of  the  country.  He  complained  that  the  Senator 
from  South  Carolina  had  traced  the  present  crisis  to  a  wrong 
cause,  when  he  attributed  It  lo  the  abolitionists  of  the  North.  The 
real  fact  is,  that  it  springs  from  the  opposition  made  by  the  free 
States  to  the  southern  policy  of  extending  the  Instilutlon  of  slave- 
ry over  the  new  territories.  This  is  resisted  by  the  free  Slates, 
and  they  are  prepared  to  resist  it  to  the  last.  They  think  the 
slave  power  strong  enough,  and  they  will  oppose  every  eflort  to 
extend  slavery  over  the  continent.  The  movement  of  the  North 
was  forced  upon  them,  by  the  ..ttempt  to  mix  up  this  slavery  ques- 
tion with  the  politics  of  the  country-  It  had  been  given  out  by  Ihe 
South  that  no  candidate  for  the  Presidency  should  be  supported 
there  who  did  not  pledge   himself  against  the   Wllmol   proviso. 


1016 


THE  OREGON  BILL. 


[Thursday, 


Now,  when  this  course  was  taken,  it  was  incumbent  on  the  North 
to  make  a  counteracting  movement.  > 

Mr.  BUTLER  said  the  South  did  not  tako  this  course  until  ten 
of  the  northern  States  had  pledged  {hemseUes  in  an  opposite  man- 
ner. 

Mr.  NILES  admitted  that  this  was  true.  But  here  was  the 
distinction  :  the  novlhern  States  merely  asserted  their  opinions  as 
a  principle,  while  the  South  follow  up' their  pledge  by  an  awful 
threat  of  nullifii-aiion  if  their  wishes  are  not  complied  with.  The 
Senator  from  South  Carolina  had  spoken  of  his  attachment  to  the 
Union,  and  declared  he  wonld  make  a  strur;i;lc  to  preserve  it;  and  . 
then  he  said  they  must  take  the  matter  into  their  own  hands- 
meaning  the  slaveholders.  They  were  to  take  charge  of  the 
Union."  He  preferred  doing  it  in  the  usual  way,  ihniugh  the  legi- 
timate medium,  and  this  he  presumed  would  be  the  general  im- 
pression. He  had  no  (ears  for  the  Union.  It  has  strength  enough 
to  resist  any  collisions.  The  question,  if  not  settled  by  Congress, 
will  finally  settle  itself.     He  would  vote  against  the  proposition. 

Mr.  WEBSTER  and  Mr.  NILES  mutually  explained  on  the 
subject  of  the  existence  of  slavery  in  Texas  at  the  lime  of  annex- 
ation. 

Mr.  METCALFE  then  expressed  his  intention  to  vote  for  the 
bill,  whether  it  contained  the  compromise  or  not.  He  stated, 
that  like  the  Senator  from  Massachusetts,  ho  had  been  opposed  to 
the  war,  and  if  he  did  not  oppose  the  treaty,  forsooth,  it  was  be- 
cause it  was  the  best  we  could  do — bad  enough,  it  is  true — but 
there  was  no  alternative.  He  thought  it  would  now  be  the  best 
thing  we  could  do,  if  we  could  give  back  the  whole  of  this  new  ter- 
ritory, and  take  again  our  fifieen  or  eighteen  millions  which  we 
have  to  pay  for  it.  Kentucky,  while  she  stretched  out  one  arm  to 
the  North,  would  not  withdraw  her  other  hand  from  the  South 
She  thought  the  South  was  now. in  the  right;  but  he  believed  that 
the  North  would,  in  the  hour  of  need,  act  generously;  and  that 
the  Union  would  not  be  endangered.  The  honorable  Senator, 
who  had  uttered  once  the  noble  sentiment — -'Union  now  and  for- 
ever"— would  himself  stand  by  the  South  in  the  time  of  need;  and 
he  did  not  believe  that  the  Snuth  would  tako  the  mailer  into  their 
hands.  He  said  the  sons  of  the  South  came  into  Kentucky  and 
stole  away  their  daughters  and  cousins,  and  Kentucky  .sent  her 
boys,  by  way  of  ret  Uiation.  to  steal  the  southern  girls;  and  while 
this  game  was  fairly  played,  it  was  idle  to  talk  of  disunion. 

Mr.  JOHNSON,  of  Maryland,  made  some  remarks  in  ref*)'  to 
what  had  fallen  from  the  Seiiator  from  Massachusetts,  in  the  course 
of  which  he  stated,  that  if  the  North  had  come  to  a  fixed  determi- 
nation to  prevent  the  South  by  legislation  from  carrying  their 
slaves  into  the  new  territories,  the  States  coold  remain  together 
no  longer.  This  he  slated,  not  as  his  individual  opinion,  but  as 
the  sentiment  of  the  South.  He  believed  in  the  existence  of  the 
power  in  Congress  to  pass  a  law  to  prohibit  slavery,  and  if  such  a 
law  were  presented  to  the  .Supreme  Court  lor  a  decision  on  its  con- 
stitutionality, it  would  be  in  favor  of  the  law.  As  a  judicial  ques- 
tion, the  decision  would  be  agamst  the  protection  of  the  South. 

In  reference  to  the  annexation  of  Texas,  ho  stated  that  it  was 
advocated  bv  Senators  from  the  northern  Stnles  as  advantageous 
to  the  North  on  account  of  the  market  which  it  would  open  for 
their  manufactures;  and  he  adverted  to  tlie  fact  that  some  of  the 
Senators  had  been  induced  to  vote  for  it  by  the  promise  of  the 
President,  that  he  would  act  upon  the  alternative  proposition. 

He  had  voted  for  the  compromise  bill,  because  ho  thought  it  the 
onlv  mode  of  settling  the  question. 

Mr.  WEBSTER  said  he  only  spoke  for  himself;  he  did  not  speak 
for  the  North.  He  did  not  know  what  the  North  is,  or  where  the 
North  is.  He  had  been  among  the  curliest  to  oppose  acquisition 
of  foreign  territory.  He  referred  to  the  maxim  of  Lord  Bacon — 
that  the  best  way  to  avoid  any  domestic  disputes  and  difficulties, 
was  to  avoid  the  occasion  for  them;  and  said,  that  in  accordance 
with  this  maxim,  he  (Mr.  W.)  had  always  opposed  ihe  acquisi- 
tion of  foreign  territory.  There  wffo  wiser  heads  than  Lord  Ba- 
con's now.  There  are  persons  who  will  provoke  occasions,  or  cer- 
tainly will  meet  theui  and  adopt  circum.stances,  as  they  may  arise. 
He  then  referred  to  the  course  of  the  remarks  of  the  Senator  from 
South  Carolina,  and  went  on  to  .show  that  there  was  no  constitu- 
tional authority  for  the  acquisition  of  foreign  territory,  and  that 
no  one  had  pretended  to  show  any  conslituliunal  warrant  for  the 
power  exercised  by  Congress,  without  the  consent  of  the  States, 
to  make  laws  for  territories  which  never  came  within  the  contem- 
plation of  the  constitution  or  its  framers.  He  enumerated  the  dif- 
ficnlties  in  which  this  acquisition  of  territory  had  plungedus.  He 
was  not  apprehensive  of  any  disunion.  Ho  never  contemplated  its 
possibilily.  He  was  not  one  of  those  who  accuslom  ihemselvcsto 
speak  of  such  a  coniingcncy.  An  earthquake  may  come,  a  volca- 
no may  hurst  forth;  but  human  foresight  can  do  nothing  to  prevent 
such  calamities.  So  the  dissolution  of  the  Unii.n  is  among  those 
possible  calamities;  but  what  could  human  wisdom  do  to  further, 
m  advance  of  it,  the  happiness  of  the  human  race  ?  He  believed 
there  was  a  disposition  everywhere  to  support  the  Union,  and  that 
five  out  of  six  of  our  citizens  would  be  glad  to  give  back  the  new 
lerritories  we  have  acquired. 

Mr.  BERRIEN  made  a  few  remarks,  for  the  purpose  of  in- 
ducing the  Senator  from  Massachusetts  to  review  his  legal  opin- 
ion as  to  the  absence  of  all  power  in  the  constitution  for  the  acqui- 
sition of  foreign  territory.  He  assigned  the  reasons  which  induced 
him  to  differ  from  these  opinions. 


Mr.  FOOTE  said  he  rose  for  the  purpose  of  putting  an  end  to 
the  debate.  He  saw  no  probability  of  proper  deliberation  being 
given  to  this  bill  at  this  late  period  of  the  session.  Several 
amendmer^js  had  been  offered,  among  them,  one  of  his  own,  and 
several  Senators' were  very  anxious  to  be  heard  on  this  subject. 
He  did  not  see  anv  possibility  of  deciding  the  question  at  this  ses- 
sion. Ke  admitted  the  pressing  occasion  for  the  establishment  of 
a  government  in  Oregon;  but  he  thought,  that  as  it  was  so  short 
an  interval  until  the  next  se-sion,  no  great  injury  could  result 
from  the  delay.  He  moved  to  lay  the  bill  upon  the  table,  biif 
withdrew  it,  on  the  pledge  that  it  would  be  renewed  by 

Mr.  JOHXSON,  of  Georgia,  who  said  that  the  South  honestly 
held  the  opinion  that  Congress  has  no  power  to  prohibit  slavery. 
He  believed  the  contrary  opinion  was  entertained  with  equal  hon- 
esty in  the  North.  If  the  North,  having  the  majority,  insist  on 
exercising  the  power,  what  can  follow  but  the  degradation  of  the 
South,  or  the  dissolution  of  the  Union  ?  The  only  remedy  was  a  ' 
just  and  honorable  compromise.  If  the  Missouri  compromise  was 
offered  to  the  South  in  the  spirit  in  which  it  was  ofTorcd  in  1820, 
she  w-ould  accept  it.  He  desired  to  know  from  the  chairman  of 
Ihe  Committee  on  Territories  whether  the  Missouri  compromise 
in  the  bill  was  tendered  in  the  spirit  in  which  it  was  offered  in 
1820  ?  ''l-'    '.^ 

Mr.  DOUGLAS  replied  in  the  affirmative.  He  made  a  few 
remarks  in  explanation  of  his  own  course.  He  gave  his  own  opin- 
ion in  Iho  affirmative,  but  said  that  was  not  the  understanding  of 
the  committee. 

Mr.  F©OTE  renewed  bis  motion  to  lay  the  bill  on  the  table 

The  Senate  then  took  a  recess  until  half-past  five  o'clock. 

EVENING  SESSION. 

The  question  pending  when  the  Senate  took  a  recess  was  the 
motion  of  Mr.  Foote  to  lay  the  O.'egon  bill  on  the  table.  The 
question  was  taken  by  yeas  and  nays,  and  decided  in  ihe  negative: 
ye»s,  15,  nays  36,  as  follows:'        i    . 

YE.\S.— Messri.  Atohison,  Badger.  Berrien.  Borland,  Bntler,  Foole,  Huntei. 
Johnson  ot  Georcta.  King,  Lewis,  Pearee.  Sebastian,  Tumey,  Westcott,  and  Yniew 
—15.  . 

NAYS.— Messrs.  Allen.  Allierlon,  Balilwin,  Benton,  Bradbury,  Brecse,  Bright, 
Clarke.  Corwin,  Davis  of  .Mns'achnsells,  Davfs  nf  Mississippi,  Paylon,  DiekinsOD. 
Dix,  Dodpe.  Do!l:*las,  Downs,  relcb.  Fitzgerald.  Greene,  Hate,  Hamlin.  Hannecan. 
flooslon,  Johnson  of  ^farvland,  John'on  of  Louisiana.  Mason.  Melcnife,  Miller. 
Niles,  Piieli>>,  Sjirnance;  Undeiwood,  U]iham,  Walkerand  IVebster— 3C. 

Mr,  JOHNSON,  of  Louisiana,  read  the  following  atnerdment, 
which  he  proposed  to  offer,  and  which  he  explained  in  a  few  words. 
He  subsequcnlly  declined  lo  offer  it; 

To  add  tlie  Ibllowin;;  secliun; 

Jind  br  it  further  eiwcled,  Tlial  all  that  portion  of  lenitory  delineated  as  Ccli/or- 
71W  and  .Vcu)  Mexico  oti  Dislnrnell's  map  of  Mexico,  a  copy  of  which  map  was 
added  to  the  late  treaty  of  Guadalupe  Hidalpo  between  the  United  St-ites  and  IVIex- 
ico.  shall  be  divided  by  an  east  and  west  lini?,  and  constitute  two  dislinci  Territorial 
GovernmenU.  The  uorlhern  portion  of  said  Territory  of  California  and  New  Mex- 
ico shall  be  known  and  styled  .Vurtli  California,  the  soulhern  portion  of  said  Tetri- 
nlory  shall  be  known  and  stvled  Soidk  California.  The  dividing  line  between  thrm 
sbalibethe  parallel  of  36  13  decrees  north  latitude,  (from  Uie  Rio  Grande  to  the 
Pacific.^  commdniy  known  as  the  Missouri  compromise  line.  In  said  Territory  of 
JVnrIk  Calilbrivp-.  slavery  or  involnntary  servitude  (except  for  crime)  shall  be  pro- 
liibited.  In  said  Territory  of  Soulfi  Caliiornia,  slavery  may  exist  or  no",  as  ihe  people 
of  ?nid  Territorv  in  forming  tlipir  constitulion  may  direct-  Roth  said  Terriforiei  rf 
North  »nd  Sonih-I  California  shall  be  organized  in  every  other  respect  as  the  Territory 
of  Oregon  is  pi^vi.lod  to  he  organized  by  this  act. 

Mr.  DOVi'-NS  proposed  the  following  as  an'  amendment,  but 
suhsequenlly  withdrew  it,  alter  some  remarks: 

Al  tlie  end  of  liie  bill,  add  all  liiat  part  of  Ihe  bill  (I?.  324)  to  eslablWi  Ihe  Terri- 
torial Governments  ofOrrson,  California,  and  New  Mexico,  after  the  twentieth 
section, -with  llii?tblIowtnp amendments:  j     i     »  j  t- 

Faae  seventeen,  section  twentv-one,  line  three,  strike  out  Ihe  words  '  called  I.  pper 
California."  aiicL.oftor  llie  word  'fDriy  eight"  in  Ihe  seventh  line,  itrtsert  "lying  north 
ol'  thirty-six  degrc.;;  thirty  uiinulcs  noith  latitude." 

Page  twenty-two;  tjVction  tvventv  six.  line  ten.  strike  out  the  words  "or  respecting 
slirverv,"  and  iiisert  in  lien  of  llii'tn  "and  in  said  Territory  slavery  or  involuntary 
servitude  (cxcRpt-forcrinie)  shall  be  prohiiiiied." 

Page  iwenlv  four,  section  iwenlyeight,  line  three,  strike  ool  the  words  "called 
New  itiexico,"  .and  in  the  seviiith  line,  aOer  the  woid  "forfeiture,"  insert  "lying 
south  of  Ihe  said'iine  of  thirtv-six  degrees  thirty  minutes  north  latitude,  commonly 
lalled  tlie  Missouri  compromise  line." 

Page  thirty.  sei'Iion  thirty  llnee,  line  nine,  strike  oat,  the  wotds  '  or  lespecttni 
slavery,"  aiiil  intcrt  in  lifi'  of  them,  after  "resldeiits."  in  line  fourteen,  "andthesati 
Territory  tif  jiietv  Mexico  shall  strind  in  all  respects,  inreaa'rd  to  slavery,  on  the  satin 
footinjf  as  dW  tOc  Territory  bf'Lomsiani  at  the  time^pfits  cesiion  to  the  United 
St?itop."        -'■■■■  >  '    ..  ■    1  ■  ■       .  ;■;  .    '  .     .  .,     .m  ■■■      '  ••    ''11 

The  (piesiion  was  then  taken  on  the  amendment  of  the  Com- 
mittee on  the  Territories  to  insert  the  words:  "That  inasmuch  as 
the  said  territory  is  north  ol'  I  ho  parallel  ol  36°  30'  of  north  lati- 
tude, usually  known  as  the  Mitssouri  compromije,''  Sao.,  with  the 
understanding  that  in  case  the  above  amondment  of  the  committee 
should  be  voted  down,  the  question  should  be  taken  on  the  amend- 
ment sent  to  Ihe  Chair  by  Mr.  Dbui5l,.is,embracin2  the  Missouri 
compromise,  ,  .    ■'  . .  ■  '•;  i,  ,       .   .■ 

The  yeas  and  nays  having  bcpn  called,  the  question  was  ^eoide,4. 
as  follows:  ,   i    .|  :  . .    . 

VEAS-Mesurs.  Bright  and  Douglas— ■.'  „.,  „„     „     . 

>IAYP— Meihs.  Alleil,  AttiKisoti,  .\thcTton.  Badiier.  Baldwin.  Bell,  Ucnion. 
l;,.rricn.  Borland,  Bradhnrv,  Breeso,  Butler.  Callioun,  Cameron,  Clarke,  Corwin, 
Davis  of  .MassurhnsclU,  Davis  ol  Mississippi,  Davlon.  Dickinson,  Dix.  Dodge, 
Downs.  Flch.  KiU;gert»ld.  Foote,  Greene,  Hale.  Hamlin,  llannetan.  Honston. 
Hunlcr,  Johnson  of  Matyliind,  Johnson  of  liouisiana,  Johnson  of  Georgia,  King. 
Lewis  Manguin,  Mason,  Metcalfe,  Miller,  Niles.  Pcarc',  Phelps,  Sebastian,  Spru 
ancc,  Turhey,  l>iidcrwooil,  Upham,  Walker,  Webster,  and  Westcott— 12, 

The  question  was  then  taken  on  the  amendment  embracing  the 
Missouri  compromise,  and  it  was  decided  as  follows: 


id 


August   10. 


THE  OREGON  BILL. 


1017 


YEA3— Mewrs.  Alchison,  Badger.  Bell,  Benton.  Berrien,  Borland.  Bfiplit. 
Botler,  CBlhoon,  C&raeion,  Davis  of  Mississippi,  DickintOD,  Douj.'!as,  Downi, 
Filigerald,  Foote,  HainieEan,  Hopiton,  Hunter,  John:ion  of  Maryland,  Johnson  of 
Louisinna,  Johnson  of  Georgia.  Ki.ig,  Lewis,  Mangnm,  Mason,  Melcalfe.  Peaice, 
Sebastian, S  pruance.  Sturpeoii,  Tnrney,  and  Underwood — 3:*. 

NaVS — Me;»rs.  Allen,  Allierton,  Baldwin,  Bradbury,  Broew,  Clarke.  Corwin' 
Davis  of  Massachu^etls,  Dayton,  Dix,  Do'lse.  I'eloli,  Grceni.-,  Hale,  Hamlin, 
Miller,  Niles,  Phelj.-;,  Cphani.  Walker,  and  VVestcotl— 21. 

The  Other  amendments  ol'  the  committee,  striking  out  the  limi- 
tation on  the  mileaso  of  the  delegate,  and  inserting  "Pugei's 
Sound"  instead  of  Nisqualiut  were  adopted. 

The  question  was  about  to  be  taken  on  tlie  engrossment,  when — 

Mr.  DAVIS,  of  Mississippi,  moved  to  strike  out  all  after  the 

enacting  clause,  and  insert  the  bdl  which  had  passed  the  Senate 

and  been  laid  on  the  table  by  the  House;  but,  on  the  urgent  ap- 

30th  Cong.— 1st  Session — No.  128. 


peal  of  Messrs.  Berrien,  Metcalfe,  and  other  Senators  round  him 
he  withdrew  it. 

And  the  question  was  then  taken  on  the  engrossment,  and  de- 
cided in  the  affirmative,  as  follows: 

YEAS.— Me»'.n.  Alcbi^on.  Bailger,  Bell.  Brntun,  Berrieo.  BoHaod,  Brsew* 
Brigbi,  Boiler.  Cameron,  ClayOn,  Davit,  of  Miuiuippi,  DickiD«on.  I>ouela>.  Downi. 
Fitzgerald,  Hanuegao,  noniton  Hunter,  JobnM>ri,  of  Marylanrt.  JobnioD,  of 
Louitiana,  Johnson,  of  Georgia,  Kin^,  L«wii.  Mangum.  Ma«OD,  MctcaJfe,  Pearov, 
Sebastian,   SproaDce,  Siurgeon.  Tornev,  and  Voderwool — 33. 

NAYS.— Messrs.  Allen.  Atherton.'  Baldwin.  Bradbury-.  Calliooo,  Clark*. 
Corwin.  Davi<,  o(  Matiachu<etts,  Darton.  Du,  ttodce.  Felcb,  Grrear.  Hak, 
Hamlin.  Miller,  Niles,  Fhclpt,   Upbao),  U'aJker.  Webiter  and  Wwtcou— 'ii. 

The  bill  was  then  road  a  third  time  and  passed. 

The  Senate  adjourned. 


lOlS 


REPORTING  AND  PRINTING. 


jFillDAY, 


FRIDAY,  AUGUST  11,  1848. 


The  PRESIDENT,  pro  tempore,  laid  before  the  Senate  a  com- 
nninicatiiiii  frcm  B.  Maisliall,  and  oilier  delegates  ol"  the  Creek 
Indians,  addressed  to  the  chairman  of  tlie  Committee  on  Indian 
Affairs,  relative  to  the  investment  by  the  United  States,  of  certain 
moneys  appropriated  for  their  benefit;  which  was  laid  on  the  table. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  it  was 

/?c,v»/^'flj,  That  the  petilion  of  George  l*oiii(IextPr,  together  with  the  report  of  t)iG 
eomtnittee  to  whom  it  was  referred  and  all  tlie  documents  acconipanyin^  It,  be  re- 
ferred to  the  Secretary  of  War  for  !iis  action  tliereon. 

REPORTS  FROM  COMMITTEES. 

By  Mr.  MASON,  IVom  the  Committee  of  Claims:  Referring 
tlie  papers  of  the  representatives  of  Robert  Carter  to  the  First, 
Second,  and  Third  Auditors  of  the  Treasury,  to  examine  and  re- 
port at  the  next  session. 

By  Mr.  WESTCOTT,  from  the  Committee  on  Patents  :  An 
act  to  provide  lor  applications  for  the  renewal  of  patent  rights  in 
certain  cases,  with  an  amendment. 

Mr.  WESTCOTT  asked  to  have  the  bill  considered  at  once, 
as  it  would  enable  the  commissioner  to  decide  on  all  the  cases 
except  one. 

Mr.  DAVIS  opposed  the  taking  up  of  the  bill,  as  it  must  givo 
rise  to  discussion. 

Mr.  JOHNSON,  of  Louisiana,  asked  to  be  discharged  from  llie 
further  consideration  of  a  bundle  of  petitions  which  ho  sent  to  the 
chair,  but  did  not  name. 

RESOLUTIONS. 

Mr.  FELCH  submitted  the  following  resolutions  : 

Uesolved,  Tiiat  there  be  allowed  and  paid  out  of  the  contingent  fund  of  the  Sen- 
ate under  the  direction  of  the  committee  to  audi!  and  control  tiiesame,  to  each  of  the 
officers,  clerks,  messenger-.,  (excepting  iheaciing  postmasters  and  mail  carriers.)  pages, 
and  laborers,  in  the  service  of  the  Senate,  the  same  amonnts  respectively  that  were 
paid  them  under  a  resolution  of  the  Senate  at  the  last  long  session. 

Rei-ulveil.  That  there  be  allowed  and  paid,  in  like  manner,  to  the  librarian,  assis- 
tant librarian,  and  messenger  ot  the  Congressional  Library,  and  fo  the  clerks  of  the 
eoinniitteesof  the  Senate, each,  the  sameamounts  as  were  last  allowed  them  by  reso- 
Inlion  of  the  Senate.  ,        ,  ,  , 

Resolved,  That  there  be  allowed  and  paid,  as  above,  to  the  acting  postmaster  ana 
each  of  the'  mail  carriers  of  the  Senate  the  sum  of  ^350,  and  to  each  of  the  boys  as- 
sisting the  mail  carriers  $lUtl,  to  the  western  gale  keeper  $100,  and  to  Sylvester 
Gray^'and  Lloyd  Wallace,  each,  the  sum  of  S50. 

Mr.  TURNEY  moved  to  amend  the  resolution  by  inserting 
"to  each  of  the  capitjl  police  $200,  or  as  much  thereof  as  with 
any  allowance  made  by  the  House  of  Representatives,  will 
amount  to  $200." 

The  question  was  then  taken  on  the  adoption  of  the  reso- 
lution, and  agreed  to. 

On  motion  by  Mr.  DOWNS, 

Resolred,  That  there  be  allowed  and  paid  to  James  Morton.  Noah  Hanson,  the 
same  daily  'pay  as  has  been  paid  to  the  other  messengers  of  the  Senate,  commencing 
with  the  priient session. 

On  motion  by  Mr.  WESTCOTT, 

Resolved,  That  there  be  allowed  and  paid  to  Messrs.  Wriglit  and  Ramsay  $100 
each,  for  services  rendered  the  Judiciary  Committee  oi  the  Siyiale  at  this  session,  to 
be  paid  ont  of  the  contingent  fund  of  the  Senate. 

On  motion  by  Mr.  ATHERTON:  the  Senate  proceeded  to 
consider  the  amendments  of  the  House  to  the  civil  and  diplomatic 
bill.  The  Senate  tlien  insisted  on  its  amendments,  and  disagreed 
to  those  of  the  House  ;  and  a  committee  of  conference  was  ap- 
pointed. 

REPORTING    AND    PRINTING. 

Mr.  BADGER  moved  to  proceed  to  the  consideration  of  the 
resolution  relating  to  the  printing  of  the  debates  in  Congress. 
The  resolution  was  read,  as  follows  : 

Refolvrd,  That  in  order  to  secure  a  more  full,  impartial,  and  prompt  publication  of 
the  proceedings  and  debates  of  the  Senate,  the  Secretary  of  the  Senate  be  and  he  is 
liprebv  authorized  and  directed  to  enter  into  a  contract,  to  lake  elfect  from  this  day, 
with  the  propiietors  of  each  of  the  daily  pa|iers  in  this  city,  the  National  Intelligencer 
and  the  Union,  and  to  continue  until  otherwise  ordered  by  the  Senate,  for  the  daily 
publication,  in  each  paper,  of  all  the  debates  and  proceedings  of  the  Senate,  and  for 
the  early  subsequent  publication  of  such  speeches  as  members  may  choose  more  care- 
fully to  revise  and  write  out  at  full  lenglb,  for  which  the  Secretary  is  authorized  to 
make  weekly  payment  at  the  rale  of  seven  dollars  and  fifty  cents  for  a  column  of  bre- 
vier type  ;  Provided,  That  the  proceedings  and  current  debates  be  transferred  to  the 
country  edition  of  said  papers,  and  one  copy  of  the  daily  edition  of  each  paper  shall 
be  furnished  to  each  member  during  the  session  wilhonl  adililioual  cbaige. 

Mr.  BADGF.R  moved  so  to  amend  the  resolution,  as  to  make 
it  take  etfect  from  the  commencement  of  the  next  session. 

Mr.  BENTON  was  surprised  that  an  amendment  should  be 
offered  after  so  much  delay.  Some  Jays  had  elapsed,  and  it  had 
now  become  too  late  in  the  session  for  discussion  of  amendments. 

Mr.  JOHNSON,  of  Maryland,  expressed  himself  favorable  to 
the  resolution  as  reported.     He  thought  the  uniendmeut  was  in- 


iudicious.  As  to  the  ofTioial  reports,  he  was  satisfied  that  they_ 
had  not  anwered  the  purpose  proposed;  not  from  any  fault  of  the 
reporter,  but  owing  to  tlie  inadequacy  of  the  compensation.  The 
contract  was  for  the  whole  Congress — $12,000  for  the  long  ses- 
sion, and  $6,000  for  the  short  one.  The  additional  $2,500  was  for 
three  huntJred  and  fifty  copies  of  the  reports,  to  be  i^iven  to  the 
members  of  the  House.  He  was  anxious  to  do  no  injustice  to  the 
reporter,  who  calculated  on  greater  profit,  from  the  short  session 
than  he  had  obtained  through  the  long  one.  He  presumed  it  was 
not  intended  to  do  any  injustice. 

Mr.  HALE  vindicated  the  official  reporter  against  tlie  charge 
of  utter  failure.  The  failure  was  owing  to  the  inadequacy  of  the 
compensation.  He  was  in  the  habit  of  reading  the  reports  ui 
other  speeches  than  his  own. 

Mr.  BADGER  was  compelled  to  acknowledge  that  the  judg- 
ment of  the  Senator  from  Missouri  relative  to  this  plan  of  report- 
ing hail  been  verified  by  the  result.  But  the  failure  was  not  at- 
tributable to  the  reporter,  hut  to  the  insufficiency  of  the  means  at 
his  disposal.  So  far  as  accurateness,  politeness  of  demeanor,  and 
a  courteous  disposition  to  accommodate  Senators  are  concerned, 
the  reporter  had  been  all  that  could  be  desired;  and  lie  hoped  no 
imputation  would  rest  on  him.  He  would  now  withdraw  his 
amendment. 

Mr.  FOOTE  concurred  in  what  had  been  so  gracefully  and  for. 
cibly  expressed  by  the  Senator  from  North  Carolina  in  favor  of  the 
reporter.  He  had  been  in  the  habit  of  association  with  that  gen- 
tleman by  night  and  day,  and  he  could  not  consent  that  he  should 
be  discharged  from  the  service  of  the  Senate,  impoverished  by  his 
labors,  which  had  been  so  arduous  as  to  have  frequently  broken 
down  his  health.  One  of  the  reasons  of  the  delay  in  the  publica- 
tion of  the  reports  was  the  chariness  felt  by  Senators  as  to  their 
reputation,  which  induced  them  to  revise  their  speeches  before 
they  permitted  them  to  be  sent  out  to  the  world. 

Mr.  BENTON  admitted  the  impossibility  of  any  accuracy  of 
report,  wlien  Senators  could  not  understand  each  otiier. 

Mr.  JOHNSON,  of  Maryland,  moved  to  amend  the  resolution, 
by  inserting  a  provision,  that  a  compensation  of  $2,500  bo  granted 
to  the  reporter,  as  a  compensation,  on  the  relinquishment  of  his 
contract ;  which  was  agreed  to. 

Mr.  KING  remarked  on  the  difficulties  which  stood  in  the 
way  of  correct  reporting.  He  believed  that  no  system  could  be 
adopted  which  would  give  universal  satisfaction.  There  would 
be  complaints  befnre  the  expiration  of  a  single  year.  He  thought 
wo  had  better  return  to  the  old  system,  by  which  running  reports 
were  circulated  throughout  the  couniry,  and  if  they  someiitues 
did  injustice,  they  were,  on  the  whole,  materially  wrong.  He 
would  move  to  strike  out  the  part  of  the  resolution  which  pro- 
vides for  the  publication  of  written,  revised  speeches.  There 
should  be  sworn  reporters. 

Mr.  BENTON  reminded  the  Senator  from  Alabama,  that  this 
new  plan  would  be  under  the  daily  control  of  the  Senate.  As  to 
the  revision  of  speeches,  it  was  a  practice  of  long  standing.  These 
speeches  were  published  in  the  districts  to  which  the  gentlemen 
belonged;  and,  if  they  were  of  public  importance,  they  found  their 
way  into  other  papers.  As  to  the  writing  out  of^speeches,  he 
wished  he  could  have  the  opportunity  to  write  out  ail  his  speeches 
— to  revise,  chastise,  punish  thetn.  The  true  as  well  as  the  cus- 
tomary mode  of  reporting  was  mt  literal,  but  historical — using  the 
tliird  person,  not  the  first.  He  was  against  swearing.  How  could 
reporters  be  sworn  to  report  correct  speeches,  when  Senators 
themselves  could  not  hear  each  other? 

Mr.  KING  explained,  that  a  suggestion  was  formerly  made  to 
change  the  usual  mode  of  reporting,  and  to  employ  sworn  report- 
ers. He  slated  what  was  the  practice  in  the  British  Parliament, 
where  reporters  succeeded  each  other,  and  sent  their  reports  to 
the  printing  office  as  tlie  speaking  was  going  on.  No  reporter 
can  take  down  every  word,  even  when  the  Senate  is  in  order;  when 
it  is  not  in  order — and  ho  regretted  that  it  was  now  more  disor- 
derly than  he  had  ever  known  it  to  be- — it  was  impossible  to  come 
near  it.  He  hoped  tho  clause  to  whicli  he  had  objected  would  be 
stricken  out,  and  then  he  would  not  make  any  strenuous  objection 
to  the  resolution. 

Mr.  HANNEGAN  testified  in  favor  of  the  talents  and  polite- 
ness of  the  reporter,  while  he  was  in  favor  of  the  resolution  as  it 
had  been  amended. 

Mr.  ALLEN  said,  that  a  correct  system  of  reporting  was  very 
desirable,  and  he  knew  no  better  plan  than  had  been  suggested  by 
the  committee.  He  desirctl  to  amend,  by  introducing  a  provision 
that  the  Journal  of  the  Senate  should  be  |iulilished  at  the  end  of 
every  week,  which  would  give  the  debates,  the  yeas  and  nays,  and 
proceedings  on  all  great  private  claims.     Two  reporters  are  not 


August  11.] 


MAIL  POST  ROUTES. 


1019 


sufficient  to  give  reports  of  all  that  is  said  hero.  If  you  take 
cnoiii,Wi  of  them,  you  may  have  every  word  reported.  In  England, 
no  reporter  takes  more  than  twenty  minutes,  when  he  goes  out 
and  corrects  his  reports  while  it  is  fresh  in  his  mind,  and  hands  it 
to  the  printer,  while  another  reporter  takes  his  place.  No  report- 
er can  report  more  than  twenty  minutes.  He  belived  that  in  this 
Senate  there  was  a  more  correct  delivery  than  in  the  British  House 
of  Lords. 

Mr.  BENTOrsr  hoped  the  Senator  would  add  to  his  proposition 
a  provision  striking  out  all  the  rest  of  the  resolution. 

The  amendment  offered  by  Mr.  King  was  negatived. 

Mr.  Allen's  amendment  was  negatived. 

Mr.  WESTCOTT  was,  he  said,  against  the  resolution,  and 
would  call  for  the  yeas  and  nays. 

The  question  being  taken,  the  resolution  was  adopted:  Yeas  37, 
nays  9,  as  follows: 

YEAS.— Messrs  Allen.  Alchison,  Badger,  Baldwin,  Bell,  Benlon,  liorrion. 
Bright.  Butler,  Calhoun,  Cameron,  Clarke,  Corwin,  Davis,  of  Ma»sacliuseUs,  DiL-k- 
inson,  Dix,  Dodge,  Downs,  Felch.  Fitzgerald,  Foote,  Greene,  ilamlin,  Houston, 
Johnson,  of  Maryland,  Johnson,  of  Louisiana,  Mangom,  Mason,  Metcalfe,  Miller,' 
Nilcs,  Pearce,  Plielps,  Sprnance,  Underwood,  Upham,an(l  Yuleo — :17. 

NAYS.— Messrs,  Borland,  Breese,  Davis,  of  Mississippi,  Hunter,  Johnson,  of 
Georgia,  Kiug,  Lewis,  Walker,  and  Westcott— 9. 

MAIL  POST  ROUTES. 

On  motion  by  Mr.  NILES,  the  Senate  then  proceeded  to  the 
consideration  oi'  the  House  bill  to  establish  certain  post  routes,  the 
amendment  pending  being  that  of  Mr.  Niles,  in  the  following 
words: 

Sec.  10.  .'3tid  be  it  further  atactf.d,  That,  from  and  after  the  first  day  of  Ocloher 
ne-^t,  the  postage  on  newspapers  and  other  printed  nialter  shall  be  as  follows,  all  news- 
papers, pamphlets,  magazines,  aud  books,  whether  jjerjodieals  or  not,  not  e-xueeilin" 
one  ounce  in  weight,  shall  he  charged  with  one  cent  postage,  and  a  like  sum  for  every 
additional  ounce,  or  fractional  part  thereof,  amounting  to  a  half  onnce:  Provided, 
That  newspapers,  not  exceeding  one  ounce  in  weight,  and  not  sent  over  fifty  miles  fiotn 
the  office  of  puljiication,  shall  be  charged  wilh  one  half  cent  [lostage;  and  on  all  news- 
papers not  sent  from  the  office  of  publii-ation  the  postage  must  he  prepaid  one  cent; 
And  proiHded  fi/rtJier,  That  nothing  herein  contained  shall  take  away  the  right  of 
publishers  to  receive  newspapers  in  e.vchange,  free  of  postage;  and  the  like  privilege  of 
exchange  shall  be  e.vlended  to  other  jjeriodicals  the  same  as  to  newsjiapers:  .iml  pro- 
vided. That  newspapers  not  e-xceeding  five  hundred  square  inches,  and  sent  in  bun- 
dles weighing  four  ounces  or  more,  and  directed  to  one  person  only,  shall  he  charged 
with  postage  at  the  rate  of  one  cent  per  ounce.  And  the  same  franking  privilege  en- 
loyed  by  member*  of  Congress  shall  he  extended  to  the  heads  of  departments  and  tJie 
.\ttcraey  Generil.  ' 

Mr.  DICKINSON  moved  to  add  the  following  proviso,  to  come 
in  after  the  word  prepaid  : 

Proaidcl,  That  all  newspapers  which  are  pnblished  wenkly  may  be  sent  any  dis- 
tance within  fifly  miles,  or  throughout  the  country  where  printed,  free  of  postage. 

Mr.  DICKINSON  asked  the  yeas  and  nays  on  the  amendment, 
which  provides  that  newspapers  shall  bo  transported  freo  within 
thirty  miles. 

Mr.  BORLAND  restated  his  objections  to  the  amendment,  be- 
cause it  would  not  benelit  the  sparsely  peopled  districts  of  the 
West. 

Mr.  DICKINSON  replied  that  were  we  to  legislate  from  this 
lime  till  doomsday,  it  would  be  impossible  to  pu»  the  West  on  the 
same  footing  of  convenience  with  the  large  cities  and  densely  peo- 
pled regions. 

Mr.  CAMERON  advocated  the  amendment  as  beneficial  to  tho 
publishers  of  the  small  country  papers. 

Mr.  DAVIS,  of  Mississippi,  was  against  the  amendment,  if  it 
diminished  the  compensation  to  postmasters. 

Mr.  DICKINSON  said  its  effect  in  reference  to  the  compensa- 
tion  would  be  very  trifling. 

Messrs.  Johnson,  Downs,  Foote,  Niles,  and  Dickinson, 
make  some  brief  remarks,  when  Mr.  Dicki.vson  modified  his 
amendment  so  as  to  read  "fifty  miles." 

The  question  was  taken  by  yeas  and  nays,  and  decided  in  the 
afBrmative,  as  follows  : 

YEAS— Messrs.  Allen,  Atherton,  Borland,  Bright,  Cameron,  Clariie,  Corwin. 
Dickinson,  Dodge,  Downs,  Felch,  Foote,  Greene,  Hale,  Houston,  Johnson, of  Ma- 
ryland, Johnson,  of  Louisiana,  King,  Mason,  INIiller,  Phelps,  Spruanoe,  Turney, 
Upham,  and  Walker. — ii5. 

NAYS — Messrs.  Badger,  Calhoun,  Davis,  of  Mississippi,  Hamlin,  JohnM>n,  ot 
Georgia,  Lewis,  Manguni,  Metcalfe,  Niles,  Pearce,  Sebastian,  Underwood,  West- 
cott, and  Yuiee. — 14. 

Mr.  WESTCOTT  moved  to  strike  out  and  insert,  that  news- 
papers published  weekly  shall  be  transmitted  free  of  postage 
through  the  State  in  which  they  are  published. 

The  motion  being  declared  out  of  order — 

Mr.  HALE  moved  to  reconsider  the  vote  by  which  the  amend- 
ment of  the  Senator  from  New  York  had  been  agreed  to,  but  the 
motion  was  withdrawn. 

The  question  was  then  taken  on  the  amendment  as  amended, 
and  the  result  was  as  follows  : 

YEAS.— Messrs.  Allen,  Atherlon,  Baldwin,  Bright,  Cameron,  Clarke,  Dayton, 
Dickinson,  Di.v,  Dodge,  Douglas.  Downs.  Felch,  Fitzgerald,  Greene,  Houston,  John- 
son, of  Maryland,  Miller,  Niles,  I'helns,  Spruancc,  Sturgeon,  Upham,  and  Walker. 
—24. 

NAYS.— Messrs.  Badger,  Bell,  Berrien,  Borland,  Bradbury,  Builer,  Calhoun, 
Corwin,  Davis,  of -Mass.,  Davis,  of  Miss.,  Hamhn,  Johnson,  of  Louisiana,  Johnson, 
of  Georgia,  King,  Lewis,  Mangnm,  Mason,  Metcalfe,  Pearce,  Sebastian,  Turney, 
Underwood,  Westcott,  and  Yulee — 34. 


Mr.  DICKINSON  iLen  moved  to  rooonsuJcr  the  vote  by  wbicb 

the  amendment  was  lost ;  and  after  sumo  remarks- 
Mr.  HALE  moved  to  lay  tho  motion  to  reconsider  on  the  table; 
and  the  yeas  and  nays  having  been  demanded,  the  vole   stood  for 
laying  the  motion  on  tho  table  as  follows  : 

..^'•4^— i*'"'"-  I'a^lger,  Berrien,  Borland,  Bradborr,  Clark-    '  •  ct 

Mi».i«(ippi^  Dodge,  Hale.  Hannegao,  IJousloD,  Johaion,  of  r>U  '  ,f 

v'l'Ja     i'^'  '^o''^'"".  ■■'pruanie,  l.ndervrood.  Walker,  and  \-. 

..,''"'."'■  '^"''"*''"'    Atherton.  Baldwin,  Bre««.  Bright,  Ci:i.„:.u    canw- 
rnii    [Jiek.nsoii    Dix,  Downs,  Johnwn,  of  LoiiWaat,  Lewu,  SUe..  Per,   Tii.n.T 

Mr.  WESTCOTT  then  renewed  the  clause  just  rojootcd  with 

the  following  proviso  : 

Provided.  That  all  Dowipap«r»  pnbluhej  weekly  shall  not  ht  ch>ic«i  pouur  wiUi" 

m  the  State  in  which  the  laino  are  publitoed. 

Mr.  HAMLIN  opposed  the  motion  as  imposing  anujiciiuiil  tax 
on  the  press. 

Mr.  WESTCOTT  vindicated  his  motion,  nn  the  gronnd  that 
papers  winch  were  taken  within  the  Stale  are  taken  lor  tho  busi- 
ness information. 

Mr.  CA;*IERON  was  opposed  to  the  amendment,  because  it 
took  in  the  weekly  papers  published  in  the  cities,  which  are  made 
uj)  Iroin  the  daily. 

Mr.  UNDERWOOD  asked  for  the  yeas  and  nays,  whir-h  woro 
ordered  ;  and  alter  a  lew  words  from  Mr.  Wf.stcott  and  Mr. 
Niles,  the  question  was  taken  and  decided  as  lollows  : 

YEAS.— Messrs.    Allen,   Badger,    Benton.    Borneo,    Boiland.    Hraaa    f^oiwii.* 
Dodge,  Douglass,    Downs,  Felch,  Filzgerald,  Hale,  llon.tou.  Johnwn  of  .MarvUod- 
Johnson  ot  Louisiana,  Johnion  of  Georgia,  I.K^wis,  Sebaitian,  Sruanen  TariH-v    Un 
dcrwoud,  Upham,  Webster,  aud  Wescolt— 25. 

YE.\S.— .Messrs.  .\tchison,  Baldwin  Rell,  Bradbnry,  Bright,  Bollci,  Cameron 
Davis  of  .Vassachuse.ts,  Davis  of  Mississippi,  Dickinson,  Da,  llanihn,  Humor' 
King.  Mason,  .Miller,  Niles,  Pearce,  Phelps,  and  ^targeon.— iA).  * 

An  amendment  was  offered  by  Mr.  YCLEE,  the  effect  of  which 
was  to  take  away  tho  discretionary  power  frcm  the  Postmaster 
General;  and  after  some  considtrablo  debate,  in  which  Messr*. 
Ydlee,  Bbigiit,  Xiles,  and  others,  participated,  the  question 
was  taken  and  decided  in  tho  negative. 

Mr.  NILES  then  moved  to  amend  the  bill  by  inserting  the  fol- 
lowing: 

.iliid  be  it  further  eiitleted.  That  the  Postmaster  General  be,  and  hereby  u  an 
thorized  to  advance  to  the  Ocean  Sleaiti  .Navigation  Company  a  sum  not  excewlmr 
$-.^,t)(IO  per  month,  to  enable  tho  company  to  ..oinplelc  the  steamship  Franklin  now 
building  by  said  conn>any,and  to  take  security  on  said  ship  for  the  money  so  adv»nc«J 
in  such  way  as  he  may  deem  correct  and  safe  for  the  L'ntte<l  Slat.-s.  and  taid  money 
to  be  reimbursed  from  tho  payments  to  which  said  company  may  L."  .  nurl..,!  i...  .„ 
rying  the  mail  to  Sonthhamjiton  and  Bremen,  according  to  their  coi  ,,/ 

That  the  whoh' sum  advuiiced  shall  not  exceed  Slj**.""*l:  .Ind   ■■  ,,.* 

That  said  company  shall  complete  said  steamer  within  nine  montip  ^t^ 

make  an  arrangement  w  itii  the  owners  of  iJie  steamship  Unitevl  Suu*  lu  lomj  a  ho© 
with  the  Franklin,  to  Havre,  in  Franco,  and  tho  cumpaoy  to  ran  only  two  tlnns  ui 
Bremen.  * 

This  led  to  some  considerable  debatt,  in  which  Messrs.  Dickin- 
son, Dix,  Bradbury,  Allen,  Niles,  and  others,  participated- 
when  I  he  question  was  taken  by  yeai  and  nays,  and  decided  in  the 
negative,  as  follows: 

YEAS.— Messrs.  Badger,  B.aldwin.  Bradbury,  Davis,  of  Mafeachoseds    Davlora 
Dix,  Downs,  Foote,  Hale,  Hamlin,    Johnson,  of  Maryland,  Johnson,  of  Louisiana 
Miller,  Niles,  Pearce,  and  Sturgeon. — Iti.  *  • 

NAYS.— Messrs.  Allen,  Atchison,  Atherton,  Berrien,  BorlnnrI,  Brigbt,  Boiler 
Cillioun,  Cameron,  Clarke,  Corwin,  Davis,  of  .Mississippi,  Dickinson,  Dtrdge  Felch' 
Fitzgerald,  Hannegan,  Houston,  Hunter,  King,  l.rf,wi»,  .Ma-on.  .Mficalle  'Phclns' 
S  -bastian,  Sprnance,  Tnrney,  Underwood,  Walker,  and  Weitcoll. — 3H.       '  * 

Mr.  BORLAND  moved  nn  amendment,  authorizing  the  Post- 
master General  to  make  a  contract  for  a  mail  steamer  down  ibe 
Mississippi;  which  was  negatived.  • 

Mr.  PEARCE  moved  to  amend  the  bill,  by  inserting  a  provi- 
sion to  pay  J.  B.  Sullivan  a  claim  for  work  done  for  the  Post  Office 
Department,  which  was  agreed  to. 

Mr.  PE.\RCE  moved  an  amendment  for  the  pavmcnf  of  J.  L. 
Graham.,  late  postmaster  of  New  York,  for  expenses  inctirrcd  by 
him;  which  was  agreed  to. 

Mr.  YULEE  moved  to  amend  tho  bill  by  inserting  a  clause 
rendering  it  imperative  on  the  Postmaster  General  to  let  the  dif 
ferent  post  routes  in  this  bill,  and  those  heretofore  ordered  by  dif- 
ferent acts,  at  the  next  letting  after  the  passage  of  this  act.  Here- 
tofore he  has  exercised  a  discretion  on  this  subject,  denying  the 
right  of  Congress  to  lake  it  from  him,  as  to  the  propriety  of  estab- 
lishing the  routes  specified  in  the  legislative  acts. 

The  motion  was  agreed  to. 

The  Senate  then  look  a  recess  until  six  o'clock. 

EVENING  SESSION. 

Mr.  HALE  moved  to  take  up  tho  bill  to  regulate  appeals  from 
the  trial  of  iisues  in  the  district  of  Columbia;  the  passage  of  which 
was,  ho  .said,absolutely  necessary  to  enable  the  people  of  this  Dis- 
trict to  obtain  justice. 

Mr.  BADGER  thought  it  better,  he  said,  to  leave  the  matter  en 
it  was.  « 

Mr.  BUTLER  advocated  the  motion  to  lake  up  the  bill.  When 
issues  were  sent  down  from  the  chancery  and  orpbans'  courts,  the 
decision  of  the  circuit  court  was  final.  Ihere  was  no  appeal.  Ua 
was  anxious  about  the  matter.  '    i--;< 


1020 


MEXICAN  CLAIMS. 


[Friday,^ 


Mr.  MASON  asked  if  tlie  motion  xvas  not  to  take  up  tlie  bill  ? 

The  PRESIDENT  pro  tcm.  said  that  was  the  motion;  and  that 
there  was  a  bill  now  before  the  Senate,  to  wit:  the  bill  to  estab- 
lish certain  post  routes. 

Tho  bill  to  establish  certain  post  routes  was  then  taken  up; 
and  it  was,  on  motion,  withoutjany  action,  laid  on  tho  table  for 
the  present. 

MEXICAN  CL.A.IMS. 

On  motion  by  Mr.  BENTON,  the  Senate  took  np,  as  in  Com- 
mittee of  the  Whole,  the  bill  to  carry  into  ed'ect  certain  stipula- 
tions of  the  treaty  between  the  United  States  of  America  and  the 
Republic  of  Mexico  of  the  2d  day  of  February,  1848. 

Mr.  BENTON  moved  to  strike  out  the  first  section,  which  was 
in  these  words: 

3e  it  enacted,  tVc,  Tliat  the  Secretary  of  the  Treasury  be,  and  he  is  hereby,  au- 
tborizeH,  upon  the  rresentation  of  the  certficates  issued  to  citizens  of  the  United 
States  for  tlie  sums  awarded  against  the  Republic  of  Mexieo,  under  the  act  of  Sep- 
tember 1,  1^41,  entitled  "An  act  in  addition  to  an  act  entitled  'An  act  to  carry  inio 
effect  a  convention  between  the  t'nited  States  and  tlie  Mexican  Republic'  "  and 
under  the  act  to  which  the  same  was  un  addition ,  to  ascertain  the  amount  due  on  fa  id 
certificates  respectively,  and  to  pay  the  amount  so  ascertained  to  be  due  to  the  parties 
legally  entitled  to  receive  the  same,  upou  the  surrender  of  said  certiticates  to  the 
Treasury  Department. 

Mr.  B.  said  this  was  perfectly  unnecessary,  provision  having 
been  made  by  another  bill. 

After  some  conversation  between  Mr.  Bentok,  Mr.  Johnson, 
of  Blaiyland,  and  others,  the  motion  to  strike  out  was  agreed  to. 

The  second  section  was  next  read  as  follows: 

Sec.  2.  ^^nd  be  it  further  enccted.  That  all  claims  of  citizensof  the  United  States 
against  the  Republic  of  Mexico,  which  were  considered  by  the  hoard  of  commission- 
ers appointed  under  the  convention  of  lltli  April,  1839,  and  referred  to  the  umpire, 
and  which  were  notdecided  by  him,  but  returned  to  the  said  board  by  the  sard  umpire 
on  the  'i">th  February,  l&4i,  shall  be  considered  as  adjudicated,  and  the  sums  awarded 
in  favor  of  said  claimants  res[)ectively,  and  reported  to  said  umpire,  to^'ether  with  in- 
terest on  the  same,  as  provided  by  said  convention  of  11th  April.  1^39.  to  be  paid 
upon  the  final  awards  of  said  board,  shall  be  paid  to  said  claimants,  or  their  legal  rep- 
resentatives, respectively. 

Mr.  BENTON  moved  to  amend  this  section,  by  adding  thereto 
a  proviso,  as  follows: 

Provided,  That  this  section  shall  be  construed  to  provide  for  the  payment  only  of 
such  awards  or  jiarts  of  awards,  without  interest,  as  were  concurred  in  by  both  Ame- 
rican Commissioners  on  the  part  of  the  United  States:  ./Ind  provided  fiirthei;  That 
the  payments  provided  for  by  this  section  shall  he  made  out  of  any  money  in  the  frea- 
snry  not  otherwise  appropriated,  bearing  interest  at  six  per  cent,  per  annum,  as  the 
President  may  direct. 

He  said  he  desired  to  make  the  provision  so  plain  that  it  could 
not  be  misunderstood.  He  entered  into  an  explanation  of  the 
mode  of  proceeding  by  tho  commission,  and  the  reason  why  the 
sum  of  $928,000,  which  was  adjudicated  by  the  commissioners, 
■was  not  paid.  He  said  this  provision  would  cause  the  claimants 
to  be  paid  whose  claims  had  been  adjudicated  by  the  commission- 
ers, and  he  argued  that  they  should  not  again  be  required  to  go 
before  another  board  to  establish  their  claims. 

Mr.  JOHNSON,  of  Maryland,  concurred  with  the  honorable 
Senator  from  Missouri,  that  it  would  be  exceedingly  unjti.st  to 
compel  these  claimants  to  go  before  another  board  and  reproduce 
their  proofs,  particularly  since  very  many  of  the  proofs  on  which 
the  pending  claims  were  adjudicated  had  been  taken  away  by  ihe 
Mexican  commissioners.  He  also  wished  to  inquire  whether  this 
amount  was  to  be  paid  out  of  the  tliree  and  a  quarter  millions,  or 
out  of  the  treasuiy  of  the  United  States?  He  understood  that  it 
was  proposed  to  be  paid  out  of  the  treasury,  and  not  to  be  a  re- 
duction of  the  three  and  a  quarter  millions. 

Mr.  BENTON  replied  that  it  was  so.  The  proviso,  as  he  had 
stated,  was  to  prevent  misunderstanding.  These  amounts,  by 
the  provision,  would  be  ptiid  out  of  tho  treasury,  leaving  the  th''ee 
and  a  quarter  millions  for  the  payment  of  (.■laimants  to  be  hereaf- 
ter decided  upon.  And  if  the  amount  of  the  claims  should  exceed 
the  three  and  a  quarter  millions,  the  distribution  must  jbe,a  pro 
rata  one.  There  would  be  no  difficulty  in  this  case.  This  was 
not  a  case  between  the  United  States  and  a  foreign  country  re- 
quiring an  umpire,  but  between  the  United  States  and  her  own 
citizens,  and  the  proviso  was  constructed  with  great  care  for  the 
purpose  of  giving  a  protection  against  any  injustice  to  the  claim- 
ant. 

Mr.  BRADBURY  reminded  the  Senate  of  the  fact  that  the  um- 
pire, when  he  adjudicated  other  claims,  made  a  reduction  of  30 
and  32  per  cent.;  and  if  these  claims  were  to  bo  paid  with  such  a 
reduction,  an  inequality  would  exist,  and  these  claimants  would 
be  placed  in  a  better  position  by  30  or  32  per  cent,  than  those  on 
whose  claims  the  umpire  had  acted.  He  also  commented  on  the 
fact  that  interest  was  proposed  to  be  paid  on  these  claims,  and 
added  that  he  had  hoped  the  three  and  a  quarter  millions  would 
have  covered  the  whole  of  the  claims. 

Mr.  BENTON  entered  into  further  explanations.  The  question 
in  relation  to  interest  was  one  of  amount  merely.  Owing  to  the 
delay  which  had  taken  place,  claimants  had  been  compelled  to  go 
into  the  money  market,  and  raise  means  for  their  wants  at  exor- 
bitant rates.  He  disclSimed  any  deeign  on  the  part  of  the  com- 
mittee to  do  injustice  to  any  of  the  claimants.  There  were  cases 
in  which  neither  the  board  nor  the  umpire  deducted  a  single  cent. 
Others  were  reduced  a  little;  some  were  reduced  one  half,  and 
others  one-third;  the  average  may  have  been  a  third.     Some  had 


one  hundred  per  cent,  taken  off.  He  knew  that  in  the  claims  now 
under  discussion  there  would  have  deen  no  deduction  at  all.  The 
bill,  he  thought,  was  about  perfect  as  it  stands.  It  had  passed 
the  revision  of  a  committee,  and  had  received  much  consideration. 
As  to  the  interest,  it  would  be  cruel  to  take  it  away  from  persons 
who  could  show  their  accounts,  and  prove  that  they  had  paid  three 
times  eight  per  cent,  for  money. 

Mr.  KING  contended  that  the  interest  ought  not  to  be  allowed. 
He  entered  into  a  detail  of  the  circumstances  of  the  case,  to  show 
the  ground  on  which  he  rested  this  opinion.  If  he  had  known 
nothing  of  these  claims,  the  argument  of  the  Senator  from  Miss- 
ouri would  have  been  sufficient  to  satisfy  him  that  it  would  be 
most  unjust  to  allow  this  interest.  The  American  commissioners 
had  clearly  endeavored  to  make  the  amount  due  to  American  ctti- 
zcns  as  large  as  possible,  and  this  was  the  cause  of  the  deduction 
by  the  umpire.  There  had  been  no  final  decision,  or  it  could  not 
have  become  necessary  to  introduce  this  bill.  As  far  as  the 
awards  were  made  by  our  commissioners,  it  would  not  look  very 
well  in  us  to  refuse  to  pay  them ;  but  he  saw  no  good  reason  for 
the  payment  of  interest.  The  effect  would  be  to  deprive  others 
of  interest  perhaps  as  justly  due  to  them.  He  would  not  look 
behind  the  proceedings  of  our  commission,  although  he  might  do 
so;  but  he  should  certainly  oppose  the  payment  of  interest. 

Mr.  BENTON  said  this  was  a  struggle  for  interest.  He  had 
heard  of  difl'ereut  beds — the  bed  of  justice  was  one;  and'lhere  was 
another  bed  made  by  a  person  whose  name  would  present  itself  to 
every  Senator,  which  was  exactly  four  feet  ten  inches  long;  and 
to  this  everything  stretched  on  it  was  to  be  curtailed.  But  this 
he  deemed  to  be  a  worse  scheme  of  reduction  than  that  he  had  al- 
luded to.  Every  claim,  without  regard  to  circuiiistances,  was  to 
be  reduced  to  this  four  feet  ten  and  a  half  inches,  because  tho  ar- 
biter had  deducted  thirty -three  per  cent. 

Mr.  BRADBURY  was  of  opinion  that  we  could  not  do  better 
than  adopt  the  rule  of  deduction  established  by  the  commissioners. 
What  other  rule  had  we  lor  our  guide?  If  we  adopt  the  decision 
of  the  board  in  other  respects,  why  should  we  not  do  so  in  the 
case  of  the  amount  to  be  deducted?  The  arbiter  was  independent, 
and  he  had  examined  the  cases,  and  had  laid  down  the  rule  which 
had  been  referred  to.  If  we  take  any  other  rule,  we  shall  disre- 
gard the  rule  laid  down  by  the  arbiter.  He  thought  we  could  not 
have  a  more  correct  or  more  retisonable  rule  than  that  of  the 
board,  corrected  by  the  arbiter.  He  was  not  prepared  to  slate 
correctly  to  what  class  these  claims  belong.  If  the  claims  are 
reduced  in  the  same  ratio  es  the  deduction  of  the  arbiter,  and 
give  eight  per  cent,  interest,  the  amount  of  ihe  claims  would  be 
between  nine  htmdred  thousand  and  a  million  dollars.  If  tho 
claims  were  equal  in  justice  to  those  passed  on  by  the  arbiter, 
there  was  no  reason  why  the  interest  should  be  allowed.  He  did 
not  desire  to  do  any  injustice  to  the  claimants,  and  rather  thaii 
send  them  back  to  another  commission,  he  would  be  willing  to 
give  a  larger  amount. 

Mr.  JOHNSON,  of  Maryland,  moved  to  amend  the  proviso  by 
adding: 

And  said  claims  in  all  otlier  respects  shall  be  placed  upon  the  same  footing  with  the 
claims  included  in  the  13th  article  of  the  treaty  between  the  United  States  and  Mexico, 
of  the  id  of  February,  1»48. 

Mr.  CALHOUN  called  for  the  yeas  and  nays  on  the  amend- 
ment offered  by  the  gentleman  from  Maryland  [Mr.  Johnson]  to 

the  amendment  of  Mr.  Benton. 

Mr.  JOHNSON  said  he  must  vote  against  the  amendment.  It 
was  based  on  the  idea  that  these  claims  were  to  be  placed  on  the 
same  footing  with  those  submitted  by  the  board.  The  Senator 
from  Alabama  thought  the  claimants  might  consider  themselves 
fortunate  if  they  get  their  claims  without  interest. 

Mr.  KING  said  he  wished  to  be  understood.  He  had  said  that 
the  umpire  had  scaled  down  the  claims,  and  it  was  to  be  inferred 
that  they  were  too  high. 

Mr.  BENTON  said  the  Senator  from  Alabama  had  used  the  word 
'' scale"  four  times.  Did  he  intend  to  say  that  to  scale  was  to 
reduce  ? 

Mr.  KING.     Yes. 

Mr.  BENTON  replied  it  was  not  so.  A  scale  was  a  long-tried 
instrument,  which  levelled  off'  horizontally.  The  continental  bills 
were  scaled. 

Mr.  JOHNSON  resumed  his  remarks  in  favor  of  the  claims  and 
interest.  He  argued  that  if  the  officers  of  the  government  had  de- 
cided the  amount  to  be  due,  iheie  could  be  no  propriety  in  our  de- 
ciding that  they  are  not  due. 

Mr.  BADGER  stated  that  the  United  States  had,  by  treaty, 
discharged  Mexico  from  all  reponsibilily,  and  we  had  assumed 
these  claims  to  the  amount  of  three  and  a  quarter  millions.  He 
was  opposed  to  the  treaty,  because  ho  felt  that  we  ought  not  to 
discharge  another  government  from  responsibility  until  we  were 
prepared  to  pay  these  claims.  He  therefore  desired  to  strike  out 
the  limitation  of  three  and  a  quarter  millions,  because  the  total 
amount  was  unascertained.  Between  the  claims  wliieh  had  been 
adjudicated,  and  such  as  had  not  been  adjudicated,  he  could  not 
see  the  smallest  distinction.  Should  it  turn  out  that  the  claims 
exceed  in  amount  the  three  and  a  quarter  millions,  was  that  a  rea- 
son why  we  should  not  pay  them.     If  the  claims  were  to  reach  five 


August  11.] 


MEXICAN  CLAIMS, 


1021 


millions,  we -were  as  mnch  bound  to  pay  them  as  if  they  fell  within 
the  three  and  a  quarter  millions.  He  did  not  exactly  understand 
the  amendment  of  his  friend  from  Maryland;  but  if  it  placed  all  on 
the  same  fooling,  he  should  not  oppose  it. 

Mr.  UNDERWOOD  was  not  willing  to  pay  all  these  claims. 
He  read  the  thirteenth  article  of  the  treaty,  which  specified  claims 
already  liquidated  and  decided  against  tlie  United  States.  Now, 
these  were  all  the  claims  which  were  then  due.  The  claims  under 
the  award  of  tlie  arbiier,  which  were  not  decided,  were  not  em- 
braced in  this  article  of  the  treaty.  The  correctness  of  this  view 
bein<T  admitted,  as  it  was,  by  his  friend  from  Maryland,  ho  went 
on  to  show  that  there  was  no  reason  why  these  claims  should  be 
now  allowed.  If  it  was  intended  to  <;ivo  away  this  $900,000 
out  of  the  treasury,  it  was  then  a  manifest,  open  ijift.  It  did  not, 
then  come  within  the  claims  chargeable  on  the  three  and  a  quar- 
ter millions.  It  was  a  sum  in  addition  to  the  three  and  a  quarter 
millions,  and  transcended  by  nearly  a  million  the  sum  we  are 
bound  to  pay  by  compact;  and  it  is  thus  so  much  tlirown  away. 
It  is  proposed  to  pay  $900,000  now,  and  postpone  the  other  eiaims 
for  two  years.  It  is  said  that  there  arc  ouistandiiif;  claims  to  the 
amount  of  six  or  six  and  a  half  millions;  so  that  the  three  and  a 
quarter  millions  will  onlv  pay  lifiy  cents  in  the  dollar;  and  no  ar- 
gument can  do  away  with  the  iniustice  ol  paying  a  portion  in  lull 
low,  and  a  small  jiortion  of  the  residue  at  a  future  period. 

Mr  JOHNSON,  of  Maryland,  said  ho  took  a  different  view. 
He  tliouTht  we  were  bound  to  pay  all  debts  justly  due.  He  was 
ready  to  vote  for  the  payment  in  full  of  all  these  claims,  whenever 
proof  should  bo  produced. 

Mr  PHELPS  said,  wc  could  not  pay  the  whole  of  these  debts 
in  full.  If  we  pay  now  a  portion  in  full,  we  cannot  pay  in  full 
those  which  will  remain  to  be  paid.  If  we  assume  that  the  !t.900,- 
000  arc  to  be  deducted  from  the  three  and  a  q"''f'er  mi  lions,  and 
the  rest  must  be  a  dividend,  how  can  wo  pay  tho^  $900,000  until 
vou  ascertain  what   the  jiro  rata,  dividend 


?     We  cannot  either 
leave  them  to  take  their  pco 


nay  these  men  out  ol  the  treasury,  .     ,      c.  - 

rata.     He  saw  no  mode  but  to  adoptlhe  amendment  ol  the  Sena- 


tor from  Maryland,  or  to  strike  out  from  the  bill  the  provision  lor 
payment  of  these  claims. 

Mr  UNDERWOOD  again  referred  to  the  treaty  to  show  that 
we  are  only  bound  to  pay  the  claims  to  an  amount  exceeding  three 
and  a  quarter  millions. 

Mr  JOHNSON,  of  Louisiana,  was  of  opinion  that  we  were 
bound  to  pay  the  whole  of  the  claims,  without  regard  to  the  limi- 
tation of  the  treaty,  even  if  they  amounted  to  twenty  millions. 

Mr  UNDERWOOD  said,  if  that  was  the  true  view,  ho  could 
wish  to  have  an  examination  of  the  claims,  and  of  the  extent  to 
■which  they  go. 

Mr  WESTCOTT  reminded  the  Senate  that  he  had  moved  to 
stnke'out  this  limitation  when  the  treaty  was  ""J«^7°"f  "f''''"; 
He  desired  to  see  our  country  taking  the  same  stand  that  England 
had  taken  in  the  protection  of  her  commerce  and  citizens.  lie 
should  vote  for  the  payment  of  all  unliquidated  claims,  and  would 
fever  sanction  the  idea  that  we  used  the  claims  ol  our  citizens  for 
speculative  purposes  in  our  negotiations  with  a  loreign  power. 

Mr  CALHOUN  said,  the  terms  of  the  treaty  were  plain.  It 
bound  us  to  pay  the  claims  of  our  citizens  to  the  amount  ol  three 

and  a  quarte'r  ^nillions.     The  ,-'1^"^^ ^t'^.'^'r,'"'%"qoo'''oOU  to   J; 
tied  to   that   amount.     Out  ol  what  lund  is  this  5.900,000  to   be 

taken  ? 

Mr.  JOHNSON,  of  Maryland.— Out  of  the  Treasury. 

Mr    CALHOUN— Not  out  of  i  he  three  and  a  quarter  .millions? 
Then'  it  does  not  come  within  the  terms  of  the  treaiy.    ^  e  are 
not  bound  to  pay  it  until  it  has  come  beloie  another  board. 
'     The  question  was  then  taken  on  the  amendment  to  the  amend- 
ment, and  was  decided  as  follows  ; 

YE\-< -Messrs  BaJgcr.  Baldwin,  Benton.  Bradbury,  Clarke,  I)ovvns,Gl«n«. 
HouSon.-JohntonJor  M^o'land,  Johnson,  of  Lon.iaoa,  IVaK-e,  l'l,.l,»,  Upham, 
and  Wes,cotL--t4  ^^^.^^^  Borland   Bri^hl    Cidhonn,  0.m- 

Sturgeon,  Turney,  Underwood,  and  \  nice.— a-. 

Mr    BADGER  moved  to  strike  out  the  allowance  of  interest 
but  withdrew   it  on  the  suggestion   that  it  was  out  of  order         ' 
then  moved  to  insert  the  words  "without  interest  —ayes  -o, 
the  amendment  was  agreed  to. 

Mr  CALHOUN  said  the  amendment  of  the  Senator  liom 
Missouri  was  objectionable,  because  it  made  a  distinction  between 
one  portion  of  unliquidated  claims  against  another  portion  ol  sin  - 
ilar  eiaims.  He  should  vote  against  the  amendment  to  the  sec- 
tion, and  then  against  the  section  itsell. 

Mr.  UNDERWOOD   thought  the  best  mode  -oujd  be  to  vote      -^^.J^'^^l— 
for  the  amendment;  and  having   thus  put  the   »«  '""   "l^^,,^^^ 
form   to  vote  against  that  par;  of  tlie  amendment  ol  tl  e  Senator 
from'Missouri  he  opposed  ;  and  that  was  the  part  which  required 
these  claims  to  be  submitted  to  two  commissioners. 

Mr    C  ^LHOUN,  that  he   might  not  embarrass,  withdrew  hi» 
call  for  the  yeas  and  nays;  and  the  amendment  was  agreed  to. 
Mr.  BADGER  moved  to  amend  by  striking  out  the  words  ''to- 


gelher  with  interest  on  the  same;"  which  was  decided  in  the  affir. 
roativc — ayes  24. 

Mr.  JOHNSON,  of  Maryland,  said,  as  the  section  now  stood, 
he  should  vote  for  striking  oat  the  section.  He  had  been  inform- 
ed, from  a  source  in  which  he  placed  great  reliance,  that  these 
claims  had  been  submitted  to  the  board,  and  thai  the  papers  were 
taken  away  by  the  Mexican  commissioners;  and  if  ihey  were  com- 
pelled to  reproduce  ilieir  proofs,  they  might  bo  unable  t..  do  it. 
The  two  United  States  commissioners  had  pronounced  in  favor  of 
these  eiaims.  Ho  therefore  proposed  to  oiler  an  amendment,  thai 
these  claims  arc  adjudicated,  by  striking  out  in  the  second  section 
all  after  the  words  "adjudicated,  '  and  inserting,  "ur.d  shall  bo 
jiaid  as  found  to  be  due  upon  the  same  looting  with  the  claim>>  in. 
eluded  in  the  thirteenth  article  of  the  treaiy  between  the  United 
States  and  the  republic  of  Mexico,  of  the  2d  February,  1R4S." 

Mr.  NILES  was  opposed  to  any  new  mode  of  settling  and  ad- 
justing these  claims,  which  might  be  productive  of  great  injustice 
lo  cither  claimaiils.  By  deciding  that  these  claims  are  adjudifa- 
ted,  we  decide  that  allother  claims  are  unliipiidated. 

Mr.  ALLEN  was  of  opinion,  that  if  we  go  into  the  public 
treasury  to  pay  these  claims,  there  will  no  longer  be  any  limit  to 
them,  and  the  treaty  becomes  a  mere  dead  letter.  By  assuming 
the  jiayment  of  these  claims,  to  a  limited  extent,  we  interest  every 
claimant  to  become  vigilant  in  preventing  fraud  from  another  ;  be- 
cause every  one  will  argue,  that  the  more  there  is  given  to 
another,  the  less  will  be  his  share. 

Mr.  DAYTON  could  not  see  the  possibility  of  settling  this 
matter  so  as  to  do  justice  to  all.  He  did  not  ihink  that  we  could 
now  settle  the  matter.  It  had  been  decided  that  this  $90O,0uO 
should  not  be  paid  out  o(  the  Treasury,  and  we  must  now  wait  lo 
see  what  will  bo  the  pro  rata.  He  could  not  assent  to  ihe  views 
of  the  Senator  from  Maryland.  It  was  piobiible  that  the  papers— 
these  vouchers  which  he  said  were  taken  away  by  the  Mexican 
commissioners- may  not  these  papers  have  been  Mexican  vouch- 
ers '.  If  not,  they  may  bo  recovered,  as  the  treaty  provides  llmt 
such  papers  shall  be  given  up  when  demanded. 


He 

So 


Mr.  DAVIS,  of  Massachusetts,  remarked  on  the  character  of 
the  tribunal  to  which  these  claims  had  been  referred.  Before  lliis 
board,  being  a  joint  commission,  it  was  perfectly  natural  that  the 
Mexican  commissioners  would  put  the  best  lace  on  Mexican 
eiaims,  and  the  United  Slates  commissioners  would  do  the  same 
with  reference  to  American  claims.  Tiicy  were  iioi,  by  tne  obli- 
"aliens  imposed  on  them,  precluded  from  doin"  tliis.  He  thought 
there  should  be  a  revision  ol  these  claims,  and  that  they  should  bo 
put  on  the  same  footing  with  other  claimants.  They  could  then 
be  easily  adjusted.    We  may  then  be  bound  lo  allow  these  claimt. 

The  amendment  was  then  negatived. 

Mr.  UNDERWOOD  moved  to  strike  out  the  second  section, 
and  asked  for  the  yeas  and  nays,  which  were  ordered;  and  the 
question  being  taken,  was  decided  as  follows; 

YEAS  — Mes»rs.  Allen,  Badjer.  Baldwin,  Berrien  Broese.  Briehl.  Butler,  C«l 
l.oun  Clarke,  Corwin,  Davis  of  Massailiu^tu,  Uajlon.  Do-lje,  Foole,  Hirnli.., 
Honlion.  Hniter,  Johnson,  of  .Ma.ylanH.  John.on.  ol  Geo-s".  K'"C.  l-'""-  -^l'" 
enm.  Miller,  Nile»,   I'earce,  SebMUan,   fepruaow,  blaigeoo,  Tnrney,  Ln.leiwood. 

■'"jiAYS.— Meisn.   Uenlon,  Dowi'«,  Hannegan,  Johnson,  of  Louisiana,   .Maion. 
U|iliam,  and  Weslcotl.— 7. 

Mr.  JOHNSON,  of  Maryland,  proposed  to  nracnd  the  bill  so  as 
to  provide  that  the  secretary  ot  the  commission  be  appoinlid  by 
the  President,  with  the  advice  and  consent  of  the  Senate,  and  that 
the  clerk  be  appointed  by  the  board. 

Mr.  KING  suggested  that  the  board  could  accomplish  their 
business  with  a  secretary  alone. 

The  amendment  was  agreed  to. 

The  bill  and  amendments  were  reported  to  the  Senate.  The 
question  being  on  concurrence  in  ihe  amendments,  Mr.  Bald- 
win proposed  to  amend  the  bill. 

Mr.  B.  thought,  he  said,  there  was  much  reason  in  the  objec- 
tions made  to  The  recognition  of  the  claims,  under  the  second  sec- 
tion, as  adjudicated,  because  it  would  prevent  ihe  boarJ  from  ex- 
aminin"  all  ihe  evidence  upon  which  the  claims  rested.  But  there 
was  great  hardship  in  obliging  the  claimants  to  incur  the  expense 
ot  obtaining  the  evidence  of  their  claims  Iroin  Mexico,  to  which 
they  have  been  sen-  back.  The  claims  should  be  considered  as 
adjudicated  so  far  as  to  be  prima  facie  evidence  ol   their  validity. 

Mr  Allen  and  Mr.  Berrien  opposed  ihe  amendment.  Wo 
had  no  reason  to  believe  that  duplicates  had  not  been  retained  ol 
all  Ihe  vouchers,  or  that   the  Mexican  government  would  not  de- 


Mr.  BALDWIN  offered  an  amendment  accordingly,  which  was 
rejected. 

The  amendments  were  concurred  in,  and  the  bill  was  passed. 

Mr.  HALE  oflered  a  resolution  (which  lies  over)  for  compen- 
satmg  Jarnes  Moore  for  performing  duties  as  carrier  of  the  Sen- 
ate, 


1022 


POST  ROUTES,  ETC. 


[Friday, 


POST  ROUTES. 

Mr.  DICKINSON  moved  to  take  up  the  bill  to  establish  ccr- 
tain  post  routes;  which  was  agreed  to. 

Mr.  ATCHISON  moved  the  indefinite  postponement  of  the  bill; 
■which  was  supported  by  Mr.  King. 

Mr.  Downs,  Mr.  Houston,  and  Mr.  Westcott  opposed  the 
motion. 

Mr.  DICKINSON  made  some  remarks  .upon  a  portion  of  the 
bill  which  appeared  to  him  to  be  very  obscure. 

Mr.  NILES  made  some  explanation  as  to  the  present  state  of 
the  bill. 

After  some  remarks  on  a  question  of  order,  the  Senate,  by  re- 
consideration, reached  the  amendment  given  in  a  former  part  ol 
the  report  respeciing  the  rale  of  postage  on  newspapers. 

Mr.  DICKINSON  movtd  an  amendment  to  this  amendment, 
striking  out  the  words  relative  to  the  circulation,  free  of  postage,  of 
newspapers  through  the  State,  and  subsliluting  a  provision  for  the 


free  circulation  of  weekly  newspapers  within  fifty  miles  from  the 
place  of  their  publication. 

After  some  remarks  from  Mr.  Westcott,  Mr.  Niles,  and  Mr. 
Badger,  as  to  the  expediency  of  the  amendment  adopted  in  rela- 
tion to  newspapers — 

Mr.  CALHOUN  suggested  that  the  Senate  should  be  very  care- 
ful not  to  embarrass  ihe  whole  machinery  of  the  Post  Office  De- 
pariment.  These  provisions  exempting  newspapers  from  postage, 
might  seriously  afl'ect  the  revenue. 

Mr.  Dickinson's  motion  lo  strike  out   and  insert  was   rejected. 

The  question  recurring  on  the  amendment,   as  it  was  reported 
to  the  Senate,  it  was  rejected. 
The  bill  was  then  passed. 

By  consent,  the  message  from  the  House  asking  a  conference  on 
the  disagreeing  votes  of  the  two  Houses  on  the  army  appropria- 
tion bill  wns  taken  up,  and  a  committceof  conference  was  ordered. 

On  motion  by  Mr.  HANNEGAN,  the  Senate  proceeded  to  the 
consideration  of  Executive  business  at  half  past  ten  o'clock,  and  at 
eleven  o'clock  adjourned. 


August  12. j 


THE  OREGON  BILL. 


1023 


SATURDAY,  AUGUST  12,  1848. 


The  PRESIDENT  pro  tern,  laid  before  the  Sennto  a  report  of 
the  Secretary  of  the   Treasury,  communicating   a  report  of  the 
superintendent  of  standard  weights  and  measures  and  balance. 
On  motion  by  Mr.  PEARCE, 

Ordered,  That  it  be  printed,  and  that  live  hundred  copies,  in 
addition  to  the  usual  number,  be  printed  for  the  u.se  of  the  super- 
intendent. 

^Mr.  PEARCE  submitted  a  communication  from  Alexander 
Vattemare,  which  was  ordered  to  be  printed. 

Mr.  BUTLER  moved  that  the  Senate  insist  on  its  amendments 
to  the  bill  to  revive  and  extend  the  provisions  of  an  act  entitled 
"An  act  to  settle  the  title  to  certain  tracts  of  land  in  the  State  of 
Arkansas,"  and  aslted  a  committee  of  conference,  which  was  ap- 
pointed by  the  Chair.  The  committee  consists  of  Messrs.  lit;Tr.F.B, 
Mason,  and  H.iLi:. 

On  motion  by  Mr.  BUTLER,  the  Senate  concurred  in  the 
amendments  of  the  House  to  tlie  bill  givinj,'  ellcct  to  certain  treaty 
stipulations  between  this  and  foreiijn  governments  for  the  appre- 
hension and  delivery  of  certain  offendcrsi  which  motion  was 
agreed  to. 

On  motion  by  Mr.  C.\MERON,  the  Senate  proceeded  to  con- 
sider the  bill  from  the  House  for  the  relief  of  William  Pittman, 
and  passed  the  same. 

On  motion  by  Mr.  RUSK,  the  Senate  receded  from  all  its 
amendments  to  the  House  bill  to  establish  certain  post  routes, 
which  was  agreed  to. 

Mr.  BREESE,  from  the  Committee  on  Public  Lands,  reported 
the  bill  to  authorize  the  draining  of  the  Everglades  in  the  State 
of  Florida  by  said  State,  and  to  grant  the  same  to  said  State  fur 
that  purpose,  without  amendment,  and  accompanied  by  a  written 
report,  with  documents;  whiclr^\'ero  ordered  to  be  printed. 

REPORTS  FROM    COMMITTEES. 

Mr.  BELL,  from  the  Committee  on  Indian  Afl'airs,  reported  a 
resolution  for  the  relief  of  the  attorneys  employed  by  the  Choctaw 
reserves  under  the  treaty  of  Dancing  Rabbit  Creek,  concluded 
the  15th  of  September,  1S30;  which  was  read,  and  passed  to  a 
second  reading. 

Mr.  BELL  also  asked  to  be  discharged  from  the  sundry  memo, 
rials  and  resolutions  referred  to  the  Committee  on  Indian  Atlairs. 

Mr.  JOHNSON,  of  Louisiana,  asked  to  bo  discharged  from 
sundry  petitions  referred  to  the  Committee  on  Pensions. 

Mr.  YULEE,  from  the  Committee  on  Naval  Alfairs,  asked  to 
be  discharged  from  the  further  consideration  of  sundry  memorials, 
&c.,  referred  to  that  committee. 

Mr.  MASON  gave   notice  that  he  should  move  to  take  up   the 

calendar  at  11  o'clock.  _ 

w 

The  bill  for  the  relief  of  Charity  Harrington,  as  amended  by  the 
House,  was  taken  up  and  concurred  in. 

Mr.  KING  submitted  the  following  resolution;  which  was  con- 
sidered by  unanimous  consent,  and  agreed  to: 

Resolved  (the  HoQse  of  Representatives  concurring.)  Thai  tliesixleentli  joint  rule 
of  the  two  Houses  be  susjiended,  so  far  as  to  per  mil  tlie  sentiing  to  the  House  of  Rep- 
resentatives the  bill  to  carry  into  effect  certain  stipulations  of  the  uei'ty  between  tlie 
United  States  and  the  Republic  of  Mexico,  of  the  2d  day  of  February,  1845. 

Mr.  BENTON  submitted  the  following  joint  resolution  of  thanks 
to  Colonel  Doniphan,  bis  officers  and  men. 

liesolveil  by  the  Senate  and  House  of  Hepresentatires  of  the  L'ltiletl  States  of 
Jlinerica  in  Confess  assembled,  That  the  lllaiiks  of  Congre'ss  be.  aiul  the  same  hereby 
are,  presented  to  Colonel  Doniphan,  liis  otticers  anj  men.  for  the  brilliant  victory  of 
the  Sacramento,  and  the  successful  conduct  iif  the  niililary  expedition  to  Chihuahua, 
and  thence  to  General  Taylor's  army;  and  thut  the  IVesiJent  of  the  L'niieit  states  ho 
requested  to  cause  to  be  made  a  sword  of  the  value  of  S-'iOO,  wiUl  suitable  luscripuous, 
to  commemorate  llie  honor  of  said  victory  and  e.\pediliou. 

Mr.  BENTON  submitted  the  following  joint  resolution;  which 
was  read,  and  passed  to  a  second  reading. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United  States  of 
.America  in  Congress  assembled,  Tliat  the  thanks  of  Congress  be  presented  to  Briga- 
dier General  Price,  his  olEcers  and  men,  for  the  brilliant  victory  achieved  byihem  at 
St.  Cruz,  in  the  Stale  of  Chihuahua,  over  a  superior  Mexican  lurce;  and  ttia_t  the  Pre- 
sident of  the  United  Slates  he  requested  to  cause  a  sword  of  the  value  of  §500,  with 
suitable  inscriptions,  to  be  made  and  presented  to  General  Price,  in  honor  and  com- 
memoration of  said  victory. 

CIVIL    AND    DIPLOMATIC    .4PPROPKI.<.T10NS. 

Mr.  ATHERTON,  from  the  committee  of  conference  on  the 
bill  making  appropriations  for  the  civil  and  diplomatic  service, 
made  a  report  ;  which  was  read. 


Mr.  YULEE  asked  that  the  consideration  of  the  report  be 
postponed  until  the  seats  of  (ho  absent   Senators  should  be  filled. 

Mr.  ATHERTON  said  he  conld  not  con»ent  to  a  moment's  de- 
lay. The  committee  on  conference  did  not  terminate  its  labors 
until  10  o'clock  last  night.  It  must  be  recollected  that  this  bill 
had  to  be  engrossed,  and  that  there  was  not  a  cent  to  par  the 
members. 

The  report  was  then  concurred  in. 

THE    OREGON    BILL. 

The  bill   to  establish  a  territorial  government   in   Orepon,  as 
amended  by  the  House  of  Representative-,  wai  then  taken  up. 
The  amendments  having  been  read — 

Mr.  DOUGLAS   moved   the   appointment  of  a  commitloo  of 

conference. 

Mr.  KING  said  the  proper  motion  was  to  insist,  and  then  to 
ask  for  a  committee  of  conference. 

Mr.  BENTON  ro.io  to  make  a  motion  which  would  supersede 
th(>  other  motion.  He  moved  that  the  Senate  recede  from  lis 
amendment. 

Mr.  YULEE  referred  to  the  Manual,  to  show  the  first  motion 

was  to  insist. 

Mr.  DAYTON  stiffgested  that  the  motion  to  raced*  wai  first 
in  order,  because,  if  it  succeeded,  it  would  prevent  anycominmea 
of  conference. 

Mr.  MASON  asked  if  the  motion  to  recede  would  appear  on 
the  Journal  ? 

The»CH.\IR  having  leplied  in  the  afllrmative — 

Mr.  MASON  moved  to  lay  the  bill  and  amendments  on  tho  ta- 
ble, and  asked  for  the  yeas  and  nays;  which  were  ordered. 

The  question  was  then  taken  and  decided  as  follows  : 

YE.\S. — Messrs.  Berrien,  Botler,  Callionn.  Davis,  of  Miuiuippi,  Downs,  Foole, 
Hunter,  Johnson  of  Maryland,  Johnson  of  l..ouisiaDa.  Johnson  of  (reorjpa.  Kio{. 
IVlani^un).  Mason.  Pearce,  Rusk.  Torney,  \Vi-«tcotl.  aud  Volee. — IH. 

N.\  VS.— Messrs.  Alien.  Atchison,  Athcrton.  Baldwin,  Ucll,  B«u(od,  Bradboij. 

Brcese,  Rriglil,  Cameron.  Claike.  Davis  of  Massacliuwtts,  Daylon,  Dickinson,  Dix. 
Doitce,  Douglas,  Felrli,  Fil/serahl.  Greene.  Hale,  tiamlin.  II(>u(ton.  .^lelcalie,  Xil 
ler,  Niles.  Spruanre,  Sturgeon,  Underwood.  Upham.  Walker,  and  Webster. — W. 

Mr.  BENTON  renewed  his  motion  to  recede.  This  question 
had  been  a  long  lime  before  the  Senate.  He  had  patiently  wailed 
with  an  anxious  desire  to  adopt  some  measure  of  conciliation. 
From  the  first  he  had  been  opposed  to  clogging  Oregon  with  Cal- 
ifornia. He  wished  to  see  Oregon  go  through  by  herself.  When 
the  subject  was  referred  to  a  select  committee  of  eight,  a  bill  had 
been  brought  in,  constructed  for  the  purpose  of  conciliating  difll-r- 
ent  feelings.  He  had  not  approved  of  that  bill;  but  he  had  always 
determined  to  vote  for  it.  He  had  not  impeded  its  progrcis  by  inter- 
posing a  single  word.  He  gave  his  vote  lor  it,  while  he  disapproved 
of  it  at  the  same  time.  Then  there  came  up  the  adjustment  on 
tho  parallel  line  of  36°  30'.  He  was  extremely  reluctant  lo  go 
for  that  measure.  Oregon  was  four  hundred  miles  distant  from 
the  nearest,  and  nearly  a  thousand  miles  Irom  the  remotest  point 
of  California  ;  and  there  was  no  rule  which  applied  equally  to 
both.  Still  he  had  voted  for  that  bill,  m  order  to  put  an  end  to 
the  question;  and  on  similar  grounds  he  bad  given  his  vote  for  the 
Ore<'on  bill.  That  bill  had  been  sent  to  the  House,  and  had  been 
returned  from  the  House  with  the  Missouri  compromise  stricken 
out.  He  thought  he  had  now  done  enough  lo  secure  concUialioo 
and  compromise.  He  had  done  enough  when  he  consented  to  at- 
tach California  to  Oregon.  Oregon  was  now  in  &  deplorable  con- 
dition. A  few  venrs  ago  we  were  ready  to  tight  all  the  world  lo 
"et  possession  of  her,  and  now  we  are  just  as  willing  to  throw  her 
away  as  wc  •ere  then  lo  risk  everything  for  her  possession.  She 
is  left  without  a  government,  withoul  laws,  while  at  this  moment 
she  is  engageil  in  a  war  with  the  Indians.  There  were  twelve  or 
fifteen  thousand  persons  settled  there  who  had  claims  on  oar  pro- 
tection. She  was  three  thousand  miles  from  the  metropolitan  seat 
of  rrovcrnment.  And  yet,  although  she  had  set  up  a  provisional 
gov^ernment  for  herself,'and  this  provisional  government  bad  taken 
on  itself  the  enactment  of  laws,  it  is  left  lo  the  will  of  every  indi- 
vidual to  determine  for  himself  whether  he  will  obey  those  laws  or 
not.  She  has  now  reached  a  point  beyond  which  she  can  exist  no 
longer.  She  can  work  along  no  further,  no  longer.  The  war 
hereafter  will  not  be  between  "whiles  and  Indians;  it  will  be  a  con- 
flict between  whites  and  whites.  It  will  become  necessary  that 
every  dispute  shall  be  settled  bv  a  resort  to  arms.  .\nd  can  this 
Senate  satisfy  itself  that  it  will  have  performed  its  duty,  while  it 
sits  with  folded  arms,  and  declines  to  do  anything?  It  is  a  duty, 
a  solemn  obligation,  enforced  by  the  awftil  solemnity  of  onr  oaths, 
which  we  cannot  avoid  without  a  violation  of  th«t  duty.     If  wo 


1024 


THE  OREGON  BILL. 


[Saturday, 


refrain  from  extending  tlie  protection  of  this  government  to  the 
people  of  Oregon,  we  violate  these  obligations.  He  held  it  to  be 
our  bounden  duty  to  provide  a  government  for  Oregon  ;  and  he 
would  not,  so  far  as  he  was  able,  permit  the  bill  to  establish  that 
government,  by  putting  a  weight  of  extraneous  matter  on  it,  to 
smk  it  down.  Florida  had  been  permitted  to  come  into  the  Union, 
notwithstanding  the  slavery  question. 

Mr.  YULEE  said  there  was  a  warm  and  long  opposition  to  it. 

Mr.  BENTON. — Florida  was  permitted  to  come  in  at  once. 

Mr.  WESTCOTT. — Florida  was  an  applicant,  year  after  year, 
from  1839  to  1845,  before  she  was  admitted. 

Mr.  BENTON. — Florida  went  through  as  a  State.  Not  a 
single  vote  was  given  against  the  formation  of  her  State  govern- 
ment. 

Mr.  YULEE. — There  was  long  discussion,  and  a  strong  vote 
against  it. 

Mr.  BENTON. — She  passed  through  as  a  State.  The  mem- 
bers from  the  non-slaveholding  States  could  have  stopped  her  if 
they  had  chosen,  but  they  let  her  pass.  Texas  had  also  been  ad- 
mitted. And  why  was  Oregon  to  be  arrested  in  her  application  ? 
If  Congress  should  adjourn  without  establishing  a  government 
there,  it  might  become  a  question  with  the  Presiilent  whether  his 
duly  would  not  require  ol  him  to  convene  Congress  before  the 
usual  period.  Mr.  B.  concluded  with  re-urging  Congress  to  act 
on  the  bill  noW. 

The  CHAIR  announced  its  decision,  that  the  motion  to  recede 
takes  precedence  of  the  motion  to  insist  and  to  ask  for  a  committee 
of  conference. 

Mr.  BERRIEN  would  not  call  in  question  the  decision  of  the 
Chair.  He  made  an  appeal  to  the  Senate  not  to  let  this  last  op- 
portunity for  conciliatiou  pass  away.  He  hojied  the  motion  to 
recede  would  not  prevail.  The  question  involved  the  interests  of 
the  people  of  Oregon;  and  more  than  that,  the  harmony  of  the 
people  of  the  United  States.  If  this  measure  should  not  prevail,  it 
will  be  taken  as  evidence  that  the  government  will  hereafter  rule 
the  South  with  a  rod  of  iron.  He  hoped  a  commitlee  of  confer- 
ence would  be  granted,  in  order  that  gentlemen  might  compare 
opinions,  in  the  hope  of  coming  to  some  saiisfaotory  conclusion. 
He  trusted  that  this  course  would  be  pursued,  in  order  that  southern 
representatives  might  carry  home  tiie  gratifying  information  that 
Congress  was  disposed  to  consult  the  feelings  of  their  constituents. 
It  was  suggested  by  the  Senator  from  Missouri,  that  the  appoint- 
ment of  a  committee  of  Conference  would  be  to  transfer  the  power 
of  Congress  to  a  committee.  He  contended  that  if  the  establish- 
ment of  a  government  in  Oregon  was  impeded,  it  was  by  fastening 
on  it  this  proviso  in  relation  to  a  Territory  where  it  is  not  needed. 
Does  any  m:>ii  believe  that  slavery  will  ever  exist  in  Oregon  ?  And 
if  not,  how  did  the  attaching  of  California  to  the  bill  clog  and  bear 
it  down  1  He  designated  more  in  detail  the  position  in  which 
southern  Senators  were  placed.  He  complimented  the  Senator 
from  Massachusetts  [Mr.  WEBSTEa]  on  the  statesmanlike  ground 
on  which  he  had  placed  his  opposition.  In  his  course  there  was  no 
demagoguism,  no  free-soil  fallacy.  But  he  regarded  the  view-  of 
that  Senator,  as  to  the  three-fifths  provision,  as  incorrect;  and  he 
went  at  some  length  into  an  explanation  of  his  own  opinions  as  to 
the  intent  of  that  provision,  and  concluded  with  a  reuewed  appeal 
to  the  Senate  not  to  recede. 

Mr.  MASON  moved  to  postpone  the  further  consideration  of 
this  bill,  until  half-past  five,  for  the  purpose  of  taking  up  the  pri- 
vate calendar;  and  on  this  question  he  asked  the  yeas  and  nays, 
which  were  ordered. 

The  question  was  then  taken,  and  decided  as  follows: 

YEAS. — Messrs.  Badger.  Berrien,  BorlanJ,  Butler,  Calhoun.  Davis,  of  ^Mississippi, 
Downs,  Footp,  Hanne;;au,  Hunter,  Jolmsoii,  of  Maryland,  Johnson,  of  Ijouisiana, 
Johnson,  of  Georgia,  King,  Ijewii,  Mangum,  Ma-son,  Pearce,  Rusk,  Sebastian,  Tur- 
ney,  VVeslcott.  and  Yulee. — '2.1. 

NAYS. — Messrs.  Allen,  Atchison,  .Mlierton,  Baldwin,  Bell,  Benton,  Bradburv, 
Breese,  Bright,  ('aineron,  Clarke,  Corwiu.  Davis,  of  Massaehnsetls,  Dayton,  Dick- 
inson, Dix,  D,)dge,  Douglas,  Felch,  Fitzgerald,  Greene,  Hale,  Hamlin,  Honston, 
Metcalfe,  Miller,  Niles,  Phelps,  Spruanee,  Sturgeon,  Underwood,  Uphain,  Walker, 
and  Webster. — 34. 

Mr.  CALHOUN  expressed  his  apprehension  that  there  was  a 
fixed  mnjorily  in  this  Senate  and  in  the  House  opposed  to  any  fur- 
ther trial  at  conciliation.  Still  he  hoped  the  Senate  would  pre- 
serve a  correct  position,  and  vole  for  the  appointnjf  nt  of  a  com- 
mittee of  conference.  He  might  say,  without  any  self-flattery, 
that  he  had  all  along  foreseen  this  result.  Let  those  who  oppos- 
ed the  views  of  the  South  lay  their  cause  before  the  country,  and 
defend  it  as  they  could.  The  great  strife  between  the  North  and 
the  South  is  ended.  The  North  is  determined  to  exclude  the  pro- 
perty of  the  slaveholder,  and  of  course  tho  slaveholder  himself, 
from  its  territory.  On  this  point  there  seems  to  be  no  division  in 
the  North.  In  the  South  he  regretted  to  say,  there  was  some  di- 
vision of  sentiment.  The  clfeet  of  this  determination  of  the  North 
was  to  convert  all  the  southern  poiiulaliun  into  slaves  ;  and  he 
would  never  consent  to  entail  that  disgrace  on  his  (losterity.  He 
denounced  any  southern  man  y.'\\o  would  not  take  the  same  course. 
Gentlemen  were  greatly  mistaken  if  they  supposed  the  Presiden- 
tial question  in  the  South  would  override  this  more  important  one. 
The  separation  of  the  North  and  the  South  is  completed.  The 
South  has  now  a  most  solenm  obligation  to  perform — to  herself — 

10  the  goiistUutiiyn— -W  lh«  Vmn<    Sb^j.i^  feotimi  to  «oiu«  to  a  (in- 


cision not  to  permit  this  to  go  on  any  further,  but  to  show  that, 
dearly  as  she  prizes  the  Union,  there  are  questions  which  she  re- 
gards as  of  greater  importance  than  the  Union.  She  is  bound  to 
fulfil  her  obligations  as  she  may  best  understand  them.  This  is 
not  a  question  of  territorial  government,  but  a  question  involving 
the  continuance  of  the  Union.  Perhaps  it  was  better  that  this 
question  should  come  to  an  end,  in  order  that  some  new  point 
should  be  taken. 

He  had  given  what  he  deemed  a  clear  constitutional  vote  on  the 
compromise  bill.  He  had  also  voted  for  the  introduction  of  the 
Missouri  compromise  into  this  bill  ;  although  he  could  not  consti- 
tutionally vote  for  the  bill,  wliieh  he  regarded  as  artificial.  Gen. 
tiemen  may  do  with  this  bill  as  they  please.  If  they  will  not  give 
now  what  the  South  asks  as  a  compromise,  she  will,  at  the  next 
session,  demand  all,  and  will  not  be  satisfied  with  anything  less. 

Mr.  BELL  said,  he  was  a  southern  Senator,  and  deeply  involv- 
ed in  southern  interests  ;  but  he  must  have  greatly  mistaken  his 
true  course  if  the  arguments  to  which  he  had  listened  were  cor- 
rect. There  were  wiser  heads  than  his  ;  but  still,  in  the  vote 
which  he  should  give,  he  must  conform  to  his  own  judgment.  He 
believed  that  the  Senator  from  South  Carolina,  and  those  who  con- 
curred with  him,  had  placed  the  South  in  a  wrong  position,  when 
they  assumed  that,  by  the  decision  of  this  question,  the  die  would 
be  cast,  and  the  issue  must  now  be  made  which  involves  the  dis- 
solution of  the  Union.  He  contended  that  this  issue  was  prema- 
turely made  when  it  was  made  on  the  Oreson  bill.  If  we  are  to 
quarrel  with  the  North,  let  us  be  sure  that  in  all  respects  our 
ground  of  dispute  is  tenable  for  us.  The  vote  of  the  House  has 
been  cited  here  as  evidence  that  this  issue  could  no  longer  be 
avoided.  He  came  to  no  such  conclusion.  He  knew  and  felt  the 
influence  of  too  many  sympathies  with  the  North.  Until  a  vote 
of  Congress  should,  on  tho  subject  of  tho  southern  territories,  ac- 
tually separate  the  Union,  he  never  would  believe  that  such  a  vote 
toulcj  be  given.  As  to  this  question,  he  had  voted  against  laying 
this  bill  on  the  table,  and  against  its  postjionement,  because  hede* 
sired  to  give  his  southern  friends  an  opportunity  of  having  a  com- 
mittee of  conference,  from  which  he  expected  nothing  favorable. 

Mr.  Westcott  and  Mr.  Downs  explained  their  votes  on  the 
question  to  lay  the  subject  on  tho  table. 

Mr.  BELL  resumed.  He  would  vote  against  receding,  and 
would  then  vote  to  insist,  although  he  did  not  expect  any  good 
from  a  conferenoe.  He  desired  to  see  the  Oregon  bill  passed, 
even  without  this  restriction  ;  and  he  could  not  use  it  as  a  means 
of  attack  on  gentlemen.  Whether  he  could  vote  for  it  himself 
was  doubllul,  regarding  as  he  did  the  feelings  of  the  friends  with 
whom  he  was  as-sociated.  He  controverted  the  doctrine,  that  even 
if  the  whole  country.  North  and  South,  was  opposed  to  slavery. 
Congress  had  no  power  to  legislate  on  the  subject.  He  thou<;ht 
the  Missouri  compromise  had  settled  that  point.  He  repeated^ in 
conclusion,  his  conviction  that  the  making  up  of  the  issue  at  this 
time  was  premature.  When  the  whole  question  as  to  the  terri- 
tories of  California  and  New  Mexico  should  come  up,  it  would  be 
time  enough  to  tender  the  issue. 

Mr.  TURNEY  thought  the  whole  question  was  involved  in  the 
question  now  under  consideration.  He  hoped  the  committee  would 
be  allowed.  When  had  such  a  committee  failed  to  agree?  When 
had  any  bill  been  lost,  which  had  been  referred  to  a  committee  of 
conference?  To  test  the  sense  of  the  Senate,  he  would  move  to  lay 
the  motion  of  the  Senator  from  Missouri  on  the  table. 


The  CHAIR  dee 


that  that  motion  would  carry  the  bill  with 


Mr.  TURNEY  withdrew'tis  motion. 

Mr.  BUTLER  said  that  he  voted  for  laying  the  bill  on  the  table, 
because,  after  the  declaration  of  the  Senator  from  Missouri,  that 
the  reference  to  a  committee  of  conference  would  be  a  transfer  of 
the  power  of  the  Senate,  he  thought  it  would  be  better  to  leave 
Oregon  without  a  government  for  the  present  than  pass  the  bill  in 
such  a  shape  as  would  provoke  the  consequences  which  must  fol 
low.  He  thought  tho  views  of  the  Senator  from  Tennessee  [Mr 
Bell]  were  not  correct,  and  it  appeared  very  unlikely  that  any 
issue  coulil  probably  ensue  which  would  suit  the  taste  of  that  Se- 
nator. He  thought  little  of  any  dangers  which  would  threaten  tho 
Union  from  any  consequences  which  could  arise  from  the  extension 
of  our  country,  in  comparison  with  those  which  must  follow  the  re- 
jection of  this  last  elibrt  of  compromise.  He  could  not  coincide  in 
opinion  with  the  Senator  from  Massachusetts,  [Mr.  Webster.] 
tliat  tliero  was  nothing  in  the  constitution  touching  the  government 
of  new  territories  obtained  by  a  power  resulting  from  war.  There 
were  many  things  prohibited  by  tho  constitution  which  coidd  not 
be  done  in  a  new  tcrritorj'  any  more  than  in  any  other  territory. 
He  concluded  by  stating,  that  we  had  given  by  this  bill  to  Oregon 
a  legislature,  a  governor,  and  everything  usually  included  in  bill.5 
of  this  kind;  and  was  it  to  bo  supposed,  that  if  this  feature  were 
stricken  out,  Oregon  could  not  exist  uiKler  its  government?  The 
idea  of  the  Senator  from  Tennessee,  that  the  issue  could  not  be 
made  until  the  decision  of  Congress  on  tho  California  question,  he 
repudiated,  because  there  was  no  probability  that  such  issue  would 
be  made  at  present.  Tho  next  issue  would  be  the  abolition  of 
slavery  in  the  District  of  Columbia,  and  in  the  forts  and  arsenals. 
He  believed  that  in  a  few  years  an  amendment  of  the  constitution 
would  be  made,  which  would  still  further  prostrate  the  power  ajid 
interests  of  the  SoutU.    The  opposition  to  the  Ainistad  approprt*. 


August   12.  | 


THE  OREGON  BILL. 


1025 


tion  had  been  sustained  by  argumenls  siieh  as  he  had  never  before 
this  session  heaid  from  any  hps.  The  situation  of  the  South  At- 
lantic States  ousht  to  induce  us  to  pause.  Wo  had  gone  through 
a  -war,  and  the  fruits  of  victory  are  held  up,  but  these  fruits  the 
South  is  not  permitted  to  touch. 

Mr.  HOUSTON  wished  to  make  his  position  known,  not  only 
on  this  continent,  but  that  it  .shonhl  be  bla/.nned  forth  to  the  world. 
He  believed  that  the  crisis  so  much  spoken  of  had  conio.  Texas 
-  was  peculiarly  situated.  The  line  of  36"  30'  divides  her  territory. 
North  of  that,  slavery  is  prohibited;  south  of  it,  slavery  may  or 
may  not  exist,  as  she  may  select.  Texas  had  entered  the  Union 
on  this  condition,  and  she  was  willing  to  adhere  to  that  condition. 
He  did  not  see  that  this  bill  affected  the  mtercsts  of  Texas  in  any 
way.  The  extension  in  Oregon  of  the  line  to  42"  could  not  affect 
the  southern  States.  He  stood  on  the  frontier,  and  he  saw  nothing 
in  whatever  legislation  might  take  place  in  reference  to  territory 
north  of  42^  which  could  concern  his  State.  He  reminded  the  Se- 
nate that  thirteen  Senators  from  the  northern  States  had  voted  for 
the  admission  of  Texas  as  she  came  in.  And  he  was  ready  to 
vote  for  the  admission  of  Oregon,  even  with  the  prohibition  of  sla- 
very attached  to  it,  as  it  could  never  affect  the  southern  territones- 
He  might  vote  asainst  receding,  because  he  hoped  something  bet- 
ter might  be  obtained.  As  to  the  southern  territories,  the  govern- 
ment oi'  California  is  not  now  before  us.  He  remembered  the  cry 
of  disunion  and  nullification  when  the  high  tariff  was  imposed. 
That  cry  reached  him  in  the  wilderness,  an  exile  from  kindred  and 
friends  and  sections;  but  it  rung  in  his  ears,  and  wounded  his  heart. 
But  now  he  was  in  the  midst  of  such  a  cry,  and  be  was  bound  to 
act  &sa  man  conscious  of  the  solemn  responsibilities  imposed  on 
liim.  He  had  hoard  the  menaces  and  cries  of  disunion  until  he  had 
become  familiar  with  them,  and  they  had  now  ceased  to  produce 
alarm  in  his  bosom.  He  had  no  fear  of  the  dissolution  of  the  Union, 
when  he  recollected  how  it  had  been  established,  and  how  it  had 
been  defended.  It  could  not  be  the  interest  of  the  North  to  destroy 
the  South,  notwithstanding  the  papers  signed  by  old  men,  and  old 
women,  and  pretty  little  girls,  praying  for  abolition,  got  up  in  the 
very  small  coteries— these  could  nof  ruffle  the  Union.  The  intel- 
ligent and  manly  spirits  of  the  North  would  rise  up  to  defend  the 
Uliion.  He  wished  no  separation  of  the  States.  He  had  too  much 
confidence  in  the  North  to  fear  any  injury  from  that  section.  And 
he  thought  the  South — and  he  was  a  southern  man — should  make 
some  sacrifice  for  the  purpose  of  reconciliation  with  the  North.  As 
to  the  Presidential  elections,  he  hoped  they  would  always  continue, 
and  that  the  republic  would  long  exist;  but  ho  did  not  dread  the 
influence  which  these  questions  would  exercise  on  legislation-  Ore- 
<Ton  cannot  obtain  protection^and  good  government,  except  frm 
Congress;  and  he  hoped  these'  would  bo  extended  to  her. 

As  to  the  South,  he  was  anxious  to  throw  oil'  from  her  any  in- 
jurious imputations.  It  had  been  said  that  the  South,  which  sup- 
ported  one  of  the  candidates  in  1840,  had  deserted  him  in  1844. 
He  was  a  favorite  with  the  South,  because  he  declared  himself  a 
northern  man  with  southern  principles,  and  of  course  vras  a  favor 
ite  with  the  South.  Whut  is  that  gentleman's  position  now  ? 
reminded  him  of  the  two  farmers  who  had  two  orchards,  one  on 
the  north  and  the  other  on  the  south  «ide  of  a  hill.  On  one  occa- 
sion when  the  fruit  failed  (m  the  northern  side,  the  fanner  on  the 
south  offered  his  neighbor  the  privilege  of  coming  into  his  orchard 
and  making  there  what  cider  ho  needed.  "That  is  very  well," 
said  the  no"thern  man,  -'but  I  have  no  hands  to  make  it."  The 
southern  man  replied  that  he  would  make  him  some,  and  would 
let  him  have  a  barrel  of  cider.  "But  I  have  no  one  to  bring  it 
home  "  said  the  northern  man.  "Well,  I  will  send  you  a  barrel," 
was  the  reply.  ''This  is  all  well,"  said  his  neighbor,  "and  when 
1  have  drunk  out  the  cider,  what  will  you  give  me  for  the  barrel? 
So  the  (renlleman  of  the  North  with  southern  principles  now 
-wanted  "to  sell  the  barrel  to  the  South.  Ho  went  on  at  some 
leno-th  to  discuss  the  pulitical  character  and  course  of  Mr.  Van 
Bu?en  expressing  his  belief  that  as  soon  as  Elisha's  mantle  lell 
on  his  shoulders,  he  was  the  favorite  of  the  South  on  that  account; 
but  that  when  he  styled  himself  a  northern  man  with  southern 
nrinciules,  that  alone  should  have  put  the  South  on  her  guard,  and 
led  her  to  suspect  him  of  treachery.  But  if  the  vision  of  the  stern 
old  warriv  could  break  upon  him  as  that  old  man  would  have 
looked  if  livin",  on  his  traitorous  course,  the  glance  ol  the  war- 
rior's eve  woufd  exterminate  him  where  he  stands,  and  leave  not 
»  „„„t  tn  mMrk  the  ulace.     He  went  on  to  show  the  intimate  con- 


It 


a  sDot  to  mart  me  place.     ---  

^^-         ■■       i   between   the   North  and  the   South,   which 


Thev  are  mutuallv  de- 


k  the 
nection  of   interests 

ouMit  to  cement  the  union  between  them.  . 

cendent  on  each  other  ;  and  if  tho  slaves  were  Irce  where  would 
be  found  purchasers  for  the  coarser  fabrics  of  northern  "lanufac 
tures  '  The  South  had  no  reason  to  complam  because  the  North 
was  the  beneficiary  of  the  favors  of  the  government.  He  thought 
,hat  these  considerations  ought  to  influence  us  when  any  one 
talks  to  us  of  a  dissolution  of  the  Union.  He  protested  against 
the  cries  of  disunion,  and  against  every  attempt  to  traduce  tho 
Union  He  was  of  the  South,  and  he  was  ready  to  defend  the 
South  ■  but  he  was  for  the  Union.  Tho  Union  was  his  guiding 
sta"  and  he  would  fix  his  eves  on  that  star  to  direct  his  course. 
He  would  advise  his  friends  bf  the  South  and  of  the  North  to  pur- 
sue mea  ures  of  conciliation.  He  would  discourage  every  attemp 
,Tsr  discord,  and   -  -ir  up  the  passion.  otee^,u,,t^^ 

IS  c'a;::;ina1>a:rus:a  anyt ;:cun:'[:ng'uage  against  .he  Union. 
Mr .  C  ALHOU  N  explained  that  he  used  no  menace.     He  spoke 
of  his  own  position. 

30th  Cqnc— 1st  Session— No.  139. 


Mr.  HOUSTON  said,  he  was  glad  to  find  that  the  Senator 
meant  no  menace.  What  would  be  done  by  the  South  ?  Would 
•he  have  a  convention  ? 

Mr.  DOWNS. — Have  not  the  North  had  a  convention  1 

Mr.  BUTLER. — Does  the  Senator  think  it  treason  in  (h» 
South  to  have  a  convention? 

Mr.  HOUSTON  said,  certainly  not.  It  would  have  the  right 
to  hold  a  convention  and  raise  a  puny  war  against  the  women  and 
children  who  get  up  abolition  papers,  or  against  that  conveulion 
at  Buffalo  :  and  he  had  seen  a  much  more  respectable  con/cntion 
of  builhloes.  He  would  never  go  into  any  southern  convention  ; 
he  would  never  aid  in  any  scheme  to  bring  about  a  dissolution  of 
the  Union.  What  would  a  southern  convention  do  1  Would  it 
oppose  the  laws  enacted  by  a  majority  of  the  two  Houses? 
Would  it  raise  troops  to  cut  off  emigra.its  to  Oregon,  because  they 
were  going  there  without  negroes?  Ho  wished  to  know  if  this 
would  not  be  a  beautiful  idea.  The  Senator  from  South  Carolina, 
after  voting  for  the  Missouri  compromise,  could  not  head  a  con- 
vention. Heaven  would  not  let  him.  Such  a  mutinous,  nonde- 
script company  as  he  would  have  under  him,  would  never  havo 
been  seen  before.  As  for  himself,  he  would  not  go  in  for  carry- 
ing on  a  war  to  Paget'*  Sound  for  a  visionary  object. 

Mr.  BENTON  called  the  attention  of  tho  Scnaia  to  the  fact, 
that  the  Senate  had  agreed  to  every  word  and  every  letter  of  the 
bill  from  the  House  ;  but  tho  Senate  had  added  to  it  extraneous 
matter.  We  now  saw  the  opening  of  that  second  chapter,  which 
tho  Senator  from  South  Carolina  had  spoken  of,  as  a  pan  of  iho 
history  of  the  dissolution  of  the  Union.  Chapter  "number  two" 
was  to  open  when  both  Houses  had  agreed  to  this  Oregon  bill, 
word  for  word,  and  letter  for  letter  ;  and  when  the  Senate  inter- 
jected in  the  bill  a  foreign  question — a  question  relating  altogether 
to  another  subject — this  number  two  was  to  go  before  tho  country 
as  a  part  of  the  history  of  dissolution. 

All  this  talk  about  the  dissolution  af  the  Union  gave  him  ao 
concern.  He  was  peculiarly  constituted  as  to  the  subject.  His 
observation  of  public  affairs  went  back  to  that  period  of  our  his- 
tory when  Aaron  Burr  engaged  in  his  enterprise  of  disunion.  Ha 
[Mr.  B.]  was  a  boy  of  sixteen,  but  was  an  observer  of  events, 
and  a  reader  of  tho  )iublic  journals.  He  acknowledged  that  he 
then  read  with  mortification — and  few  things  from  the  same  source 
had  ever  failed  to  meet  with  his  cordial  approbation — he  read,  ho 
said,  with  mortification,  tho  proclamation  of  Mr.  Jefl'erson,  in 
which  he  denounced  the  project  of  Burr  as  "dangerous  to  the 
Union."  For,  at  that  time,  there  was  not  a  neighborhood  in  the 
west  in  which  Burr  would  disclose  his  project.  If  ho  had  done 
so,  the  women  and  children  would  have  tied  him  down  and  sent 
him  to  the  nearest  place  of  justice,  dragged  by  a  dog-chain.  As 
long  as  he  presented  mere  designs  of  a  dazzling  nature,  and  not 
concerning  our  own  government,  he  was  listened  to.  But  when, 
on  the  lower  Mississippi,  he  did  disclose  his  treasonable  objects,  he 
was  immediately  obliged  to  fly  into  the  wilderness  and  become  an 
outcast  from  society.  There,  in  his  hiding  place— in  his  disguise 
—in  a  creek,  where  the  alligator  has  his  place — ho  was  accident- 
ally encountered,  at  night,  by  one  who,  before  all'ording  him  relief, 
demanded  his  name.  Who  are  you?  As  soon  as  he  gave  his 
name,  he  was  taken  into  custody,  and  by  a  string  led  into  tho 
Georgia  settlements.  Burr  having  heard  of  the  sympathy  often 
excited  in  the  behalf  of  great  men  struggling  with  adversity,  ap- 
pealed to  some  persons  in  Georgia  for  his  rescue.  He  addressed 
some  boys  as  to  his  case,  and,  at  first,  very  naturally  excited  their 
sympathy.  But  when  these  boys  heard  his  name,  they  refused  to 
aflbrd  him  anv  succor.  Such  will  be  the  end  of  all  attempts  to 
dissolve  this  Union— to  divide  it  by  any  line.  He  would,  he  said, 
think  that  a  man  who  might  bring  brick,  mortar,  and  trowel  to 
dam  up  tho  mighty  Mississippi,  had  commenced  a  feasible  and 
wise  enterprise,"  in  comparison  with  tho  project  of  that  man  who 
mi<'ht  undertake  to  run  a  dividing  line  between  the  States  of  this 
UnTon.     All  this  talk  of  disunion  was  idle-     It  was  like 

"  A  taletolil  by  an  idiot,  ^ 

Full  of  lonnd  ami  fui)— ii£iiifjiiis  nothing.  ' 

No  influence  had  these  menaces  on  him.  A  key  dropped  into  the 
broad  Atlantic  would,  as  it  had  been  said,  produce  a  disturbance 
that  would  be  felt  in  the  seas  of  China.  Just  as  little  did  (his  talk 
of  disunion  riifllo  him.  Thus,  he  said,  would  end  tho  chapter 
number  two. 

Mr.  YULEE  addressed  the  Senate  at  length  on  the  subject, 
remarkin"  that  he  would  gladly  go  with  the  Senator  from  Tennes- 
see [Mr.^BELL]  and  the  Senator  from  Texas  [Mr.  Hoitston]  in 
postponing  this  issue,  if  it  could  be  done  with  a  just  regard  to  the 
interests  of  the  South.  But  such  a  postponement  would  only  serve 
as  an  inducement  to  tho  North  to  persist  in  its  eour»e  of  injustica 
to  tho  South. 

Mr.  WEBSTER  doubted  whether  the  bill,  in  its  present  con- 
dition,  could  bo  referred. 

Mr.  CALHOUN  said  the  refeienco  would  be  in  conformity 
with  parliamentary  rule.  The  committee  might  propose  to  retain 
some,  and  recede  from  other  amendments. 

Mr.  DAYTON  said  the  amendments  alone  were  before  the  Se- 
nate. 

Mr.  Y'ULEE  withdrew  the  motion  at  present. 

,tV  message  was  here  te««iY«ii  from  th«  Hoiiss,  commuaicatia 


1026 


THE  OREGON  BILL. 


fSATURDAY, 


their  action  on  the  Senate  ameulinfnts  lo  the  bill  e,talilishing  rer- 
lain  post  ro  ilrs. 

Oa  motio  i  l^y  Mr.  RUSK,  it  was  taken  up. 

The  mesiage  was  read,  and  ihe  House   amendments  concurred 

Mr.  JOHNSON,  of  Georgia,  rose  and  addressed  the  Senate  in 
reply  to  the  Senator  from  Texas,  declaring  that  the  South  could 
not  with  any  propriety  rely  on  the  magnanimity  of  the  North. 

Mr.  DAVIS,  of  Mississippi,  rose,  and  took  the  floor  in  oontinn- 
ance  of  the  debate;  and,  as  the  hour  for  the  recess  had  nearly  ar- 
rived, he  moved  that  the  Senate  go  into  Executive  session;  which 
was  agreed  to. 

EVENING  SESSION. 

The  CHAIR  having  announced  that  a  resolution  offered  by  Mr. 
Mangum  could  not  be  received — 

When  the  doors  were  rc-opened — 

Mr.  WESTCOTT  was  speaking  to  a  question  of  order,  as  it 
appeared,  in  consequence  of  the  objection  to  the  reading  of  the 
resolution  which  was  submitted  by  the  Senator  from  North  Caro- 
lina, [Mr.  M,\NGUM.]  It  was  represented  to  hiin,  that  there  was 
a  conventional  understanding  on  the  subject  ;  but  there  was  a 
time  coming  when  the  l.-i\\'B  of  courtesy  would  give  way  to  other 
laws. 

Mr.  W.  appealed  against  the  decision  of  tlie  Chair,  and  a*ked 
the  yeas  and  nays  ;  which  were  ordered. 

Mr.  KING  hoped  the  chair  would  reverse  its  decision,  and 
permit  the  resolution  to  be  read,  as  ho  should  be  compelled  to 
vote  for  the  appeal. 

Mr.  DICKINSON  said  ho  should  vote  for  the  appeal. 

Mr.  NILES  (in  the  Chair)  stated  that  when  the  Senate  took  a 
recess,  the  Senator  from  Georgia  had  the  floor,  and  was  entitled 
to  the  floor  when  the  Senate  resumed  its  session.  It  was  not  in 
order,  therefore,  for  any  Senator  lo  introduce  other  business. 

The  question  was  then  put,  "Shall  the  decision  of  the  Chair 
stand  as  the  decision  of  the  Senate?''  and  was  decided  as  follows  : 

VI^.AP — IMf&ST^.  Allen,  Ilaldwiii.  Bputoti.  Briirllinry,  t^ieese,  Clarke,  Corvvin, 
Davis,  of  Maisaehnsptts.  I)i.\.  Doilge.  DDiiglas.  Felcli.  Filz.;;eralii.  Greene.  Hale, 
Hamlin,  Ilousion,  Metcalle,  Miller.  Spruance,  Underwood,  Fpliam,  anrl  Walker 
— •» 

NAYS — Messrs.  Atiierton,  Badger.  Berrien,  BorLmd,  Brijilit.  Calhoun,  ''ame- 
ron,  Davis,  of  Mississippi.  Dickinson,  Downs,  Foote,  Jolinson.ol'  Louisiana.  Joliri- 
tioii.  ofOeor^fia,  King,  Lewis",  Mangiiin,  Phelps,  Rusk,  Sebastian,  Tnrney,  Westcott, 
and  Yule— 23. 

Mr.  ATHERTON  asked  the  consent  of  the  .Senate  to  peimit  a 
report  to  be  made  from  the  committee  of  conference  on  the  bill 
making  appropriations  for  the  army,  and  amendments. 

Objections  were  maile,  and  then  withdrawn,  and  the  report  was 
received  and  rood;  and 

Mr.  ATHERTON  moved  that  the  Senate  concur. 

Mr.  YULEE  objected  to  a  concurrence  in  that  part  of  the  re- 
port whirdi  relates  to  the  organization  of  the  marine  corps.  He 
considered  it  a  matter  of  importance,  and  that  it  was  his  duty  to 
explain  the  facts  to  tiie  Senate. 

The  Senator  from  Florida  was  here  called  to  order;  consent 
havin"  been  given  merely  fur  the  purpose  of  receiving  the  report. 

The  CHAIR  decided  that  the  report  could  not  be  made  the 
subjeet  of  discussion;  the  objections  being  withdrawn  only  to  per- 
mit the  report  to  be  received. 

Mr.  YULEE  appealed  Irom  the  decision  of  the  Chair.  He  in- 
sisted that  the  objection  to  the  reception  of  the  report  having 
been  removed,  the  subject  of  ihe  report  was  properly  before  the 
Senate. 

The  Chair  repeated  the  reasons  for  its  decision;  but  in  so  low  a 
tone  that  the  purport  could  not  be  understood. 

Mr.  ATHERTON  insisted  that  the  subject  was  before  the  Sen- 
ale-  that  the  House  was  waiting  for  the  action  of  the  Senate  on 
the  report;  and  that  if  it  was  laid  on  the  table,  the  appropriation 
bill  may  be  lost. 

Mr.  KING  expressed  a  hope  that  the  Senator  from  Illinois 
would  withdraw  his  objection,  and  ])erniit  the  rejiort  to  bo  con- 
sidered, 

Mr.  DOUGLAS  explained  that  the  objection  did  not  originate 
with  him. 

Mr.  DAVIS,  of  Massachusetts,  said  he  should  object  to  taking 
lip  this  subject  while  another  (piestiou  was  under  consideration. 
The  report  inicht  as  well  be  laid  on  the  table  as  the  Oregon  bill. 
He  knew  not  to  what  extent  tho  discussion  on  the  Oregon  bill  was 
intended  to  be  continued. 

Mr.  TURNEY  hoped  the  question  would  be  taken  on  the  ap- 
peal. He  was  opposed  to  the  taking  up  of  the  subject  of  the  Ore- 
gon bill  until  this  report  (taken  up  by  the  unanmious  consent  of 
the  Senate)  was  disposed  of. 

The  CHAIR  stated  the  ground  of  its  decision. 

Mr.  BADGER  Uio"Sh'  t'»e  decision  of  the  Chair  was  not  cor- 
rect, 


The  yeas  and  nays  were  ordered,  and  the  question  being  taken 
on  the  appeal,  viz:  "  Whether  the  decision  of  the  Chair  shall 
stand  V  and  it  was  decided  as  follows — yeas  19,  nays  29. 

YEAS. — Messrs.  Baldwin,  Clake,  Corwin,  Davis,  of  Massachusetts.  Daylon.  Div, 
Dodge.  Felcli.  Firzscraid,  fleene.  tlale,  Hamlin,  Hannegan,  Metcalfe,  Miller,  Spru- 
ance.  Underwooil,  LIpham,  and  Walker. — ]U. 

NAYS. — Messrs.  .\IIen.  Atiierton,  Badger,  Bell.  Berrien.  Borland,  Bradbury, 
Biiller,  Calhoun,  Davis,  of  Mississippi,  Dickinson,  Downs,  Foote.  Houston,  John- 
son, of  .Maryland,  .Tohnson.  of  Louisiana.  Johnson,  of  Georgia.  King.  Lewis.  Man- 
gum,  Ma^Oii,  Pearce,  Phelps,  Rusk,  Sebastian,  Turnev,  Webster,  Westcott.  and 
Vulee.— 39. 

So  the  decision  of  the  Chair  was  not  sustained. 

Mr.  YULEE  resumed,  and  asked  for  the  reading  of  the  section 
of  the  bill  which  constituted  the  amendment.  He  stated  that  the 
comttiittee  on  conference  was  not  in  possession  of,  the  facts  when 
the  subiect  was  before  it,  and  this  portion  of  the  bill  escaped  con- 
sideration. An  increase  of  the  marine  corps  had  been  authorized 
last  session,  and  a  portion  of  the  increase  had  been  employed  on 
shore  in  Mexico,  and  had  behaved  with  great  gallaptry.  The  in- 
cresse  authorized  last  session  was  one  thousand;  and  it  is  was 
now  found  that  the  number  retjuired,  according  to  the  yrresent  na- 
val establishment,  would  be  about  tv,'o  thousand  and  three  hun- 
dred; while  the  number  now  authorized  by  the  committee  made 
the  aggregate  only  fifteen  hundred.  The  Secretary  proposed  to 
reduce  the  landsmen  in  the  proportion  of  the  increase  of  the  ma- 
rines; anil  as  the  landsmen  received  nine  dollars  a  month,  and  the 
marines  only  six  dollars,  it  was  a  measure  of  economy.  He  lauded 
the  efticiency  with  which  the  marines  had  performed  their  duty. 
He  referred  to  a  letter  from  Commodore  Stewart,  who  recom- 
mended a  much  larger  increase;  and  all  the  officers  concurred  in 
the  expediency  of  this  increase.  An  addition  is  also  required  to  keep 
ii  suiiicient  number — say  fifty  or  a  hundred  should  always  be  kept 
here  at  head-quarters — for  drill,  as  they  could  only  be  effectually 
drilled  while  on  shore.  He  requested  the  reading  of  a  letter  from 
the  Secretary  of  the  Navy  recommending  the  increase  on  the 
grounds  he  had  just  stated;   and  the  letter  was  read. 

The  report  of  the  committee  of  conference  was  then  agreed  to. 

OHEGOM. 

The  Senate  resumed  the  consideration  of  the  bill  to  establish  a 
territorial  government  in  Oregon. 

[Mr.  WEBSTER  addressed  the  Senate  in  a  speech  which  is 
given  in  the  Appendix.] 

Mr.  JOHNSON,  of  Georgia,  then  resumed  his  remarks,  and 
continued  until  a  late  hour. 

Mr.  JOHNSON,  of  Maryland,  followed,  and  spoke  for  near  an 
hour;  when 

Mr.  HOUSTON  rose  and  addressed  the  Senate  at  very  consid- 
erable length,  chiefly  in  reply  to  Mr,  Johnsok,  of  Georgia,  and 
others.  In  the  course  of  his  remarks  he  paid  a  beauiif'ul  compli- 
ment to  Mr.  Clay,  declaring  that  he  deserved  to  have  a  statue 
erected  in  the  rotundo  for  his  stand  in  relation  to  the  Missouri 
compromise. 

Mr.  TURNEY  moved  that  the  Senate  adjourn,  and  desired  lo 
have  the  hour  entered  on  the  Journal.  [It  was  then  past  mid- 
night.] 

On  this  question  the  yeas  and  nays  were  demanded,  and  the  re- 
sult was  as  follows  : 

Y'EAS—IVtessr!.  Atchison,  Berrien,  Borland,  Butler,  Callroun,  Davis,  of  Missis 
sippi,  Downs.  Hannegan.  Johnson,  of  Maryland,  King,  Lewis,  Mangum,  Mason, 
Rusk.  Sebastian,  Turney,  Westcort,  and   Yulee. — 18. 

N.-VYS— Messrs.  Allen,  Atherton,  Badger,  Baldwin,  Bell.  Benton.  Bradbury, 
Breese,  Bright,  Clarke,  Corwin,  Davis,  of  Massachusetts,  Davton,  Dickinson,  Di\, 
Dodge,  Douglas.  Fetch,  Fitzgerald,  (i  reene,  Hale,  Hamlin,  Houston,  Johnson,  of 
Ijouisiana,  Metcalfe,  Miller,  Niles,  Phelps,  Sprnance,  Underwood,  Uphain,  and 
Walker.— 32. 

Mr.  BADGER  then  addressed  the  Senate  in  favor  of  a  com- 
mittee of  conference  being  appointed. 

Mr.  METCALFE  spoke  at  great  length,  insisting  that  a  com- 
mitle  of  conference  between  the  two  Houses  might  be  able  lo  ac- 
commodate the  matter  satisfactorily.  ^ 

Mr.  FOOTE  spoke  .'or  near  half  an  hour,  endeavoring  to  get 
Mr.  Benton  to  withdraw  his  motion  to  recede. 

Mr.  BENTON  playfully  observed  that  he  always  had  an  ol.jec- 
tion  to  retreating.  One  of  his  earliest  recollections  was  the  old 
Roman  maxim,  Jion  trahit  pede.m;  and,  if  the  object  of  the  gentle- 
man's speech  was  to  induce  him  to  draw  back  his  foot,  he  miglit 
have  saved  himself  the  trouble. 

Mr.  FOOTE  again  rose  to  speak. 

Mr.  WALKER  made  a  point  of  onler.  The  rule  said  that  no 
Senator  could  speak  more  than  twice  on  any  one  subject;  whereas 
the  gentleman  from  Mississippi  had  spoken  some  hall  dozen  times 
at  least. 

[Several  voices:  "Oh,  let  the  gentleman  proceed  ;  we  will  lis- 
ten to  him  with  the  greatest  pleasure."] 

Mr.  FOOTE  then  went  on  very  coolly,  declaring  his  ability  to 
speak  two  entire  dtiys  and  nights  without  any  very  great  inconve. 
nienee  to  himself. 

The  debate  was  continued  until  after  nine  o'clock,  a.  m.,  .Sun- 
day, and  was  clost'd  in  a  speech  by  Mr,  Foote. 


August   12.] 


THE  OREGON  BILL. 


1027 


The  question  bein|];  put  npoii  tlio  motion  of  Mr.  BENTON,  to 
recede  from  all  the  amendmonts,  a  division  of  the  question  was 
called  for,  and  it  was  ordered  that  the  qncstioii  bo  taken  sepa- 
rately on  each  amendment. 

Upon  the  question  to  recede  from  the  first  amendment,  civinsr 
the  veto  power  to  the  Governor,  the  yeas  and  nays  were  ordered', 
and  it  was  determined  as  follows  : 

YEAS -Meiers.  Allen,  Atlirrloii.  H.iMwin.  Rcll.  RiMiloii,  Rra.lliurv  Brecse 
nright.  Cnmeron.  Clarke.  Corwin,  Onvjs.  of  M:is«aciiliselu.  ll.ylon,  Ui.^liillloii'. 
Dix.  Doil!;o.  Donjilas,  Felili.  Fitz»rr;iM.  Grueii.-,  Hale,  H.inilm,  IIooXoil,  Jolin-on 
of  Maryland,  Miller,  Niloi,  Plielps,  Spruance,  Unliani,  Walker,  anil  WcbiUir 
—31. 

NAYS— Messrs.  Atchison,  Tlailcer,  Berrisn,  Horland,  Bnller.  (;allionn.  Davi!, 
nf  MNsi"i[ipi.  Piwiif,  Foore.  [Innter.  Jolinson,  of  Ijoiiisiana,  .ToliiMOn.  of  Ceop'ia. 
Lewis,  AlanEum,  Ma^on,  Meti-alfe,  Pcarce,  Ra>k,  Seba»liaii,  Turncy,  anil  Under- 
wood, Weslcott,  ar.d  Yalee_2?. 

Upon  the  question  to  recede  from  the  second  amendment,  re- 
latins;  to  the  same  subject,  it  was  determined  in  the  affinnativc 
without  a  division. 

Upon  the  question  to  recede  from  thn  third  amendment,  heincf 
the  section  extendinij  tiio  line  of  the  Missouri  compromise  to  the 
Pacific  ocean,  the  yeas  and  navs  were  ordered,  and  it  was  dolor- 
mined  in  the  afiirmativo,  as  follows  : 


YEAS — Me»sn.  Allen.  ItaJdwin,  Tlenlon,  Brailbory.  Ilreeu,  Brgitt,  Cameron* 
Clurko,  t'orwin,  Davi«.  of  ,Ma.viarhn»ell»,  Dauon,  Dickiuion.  \h\,  Poili-e.  I>ou»' 
lai.  Felch,  Fitzgerald,  <;rc«ne.  Hale,  llamlin.  Ilanne;;an,  llouiton,  .>lill«i.  Niln> 
i'helps.  Bprnance,  Ufdiam,  Walker,  and  Webster— 'JJ. 

N'AYS— Me5Sr^.  Atcliiton,  Badpcr.  Bell,  nerrien.  Boriaod.  Bntirr.  Calhoan, 
Davii,  of  Mi-si»iifipi,  Pownt.  Foole.  Ilrinter.  Jobn  o  i.of  .Mar^laod,  Jolinton,  of 
J..ouiifiana,  Jolinxon,  of  (Jeorjia,  I,ewi»,  .Mangurn.  .MaMii,  Metcalfe,  Pcarc*.  RuUt, 
6elra4tiau,  Turney,  I'mlerwood,  Wtatcoll,  and  Vulte — :i5. 

The  remaining  amendments  were  separately  receded  from 
witliont  a  division,  and  the  bill  stands  pas.'icd  in  the  precise  form 
in  which  it  came  from  the  House  of  Representatives. 

Mr  MILLKR  submitted  a  resolution  that  (the  Hou^e  con- 
ourrinn)  the  17lh  joint  rule  be  suspended,  in  order  that  the  bill 
may  bo  presented  to  the  President  of  the  United  States  nu  tliu 
last  day  of  the  session. 

Mr.  YULEE  objected  to  the  coDsideratlon  of  the  icsolution, 
and  it  lies  over. 

On  motion  of  Mr.  DICKINSON,  the  bill  from  the  House  for 
the  rcliel  of  Richard  Reynolds  was  taken  up  for  consideration  and 
passed  ;  and  at  a  few  minates  before  ten  o'elnek,  a.  ro.,  after  iin 
cxciiini;  session  of  twenty-four  hours,  the  Senate  adjourned  until 
Monday  morning,  at  nine  o'clock. 


1023 


THE  OREGON  BILL. 


[Monday. 


MONDAY,  AUGUST  14,  1848. 


Prayer  being  over,  and  a  portion  of  the  Journal  having  been 
read — 

Mr.  MANGUM  hoped  the  reading  of  the  Journal  would  bo 
dispensed  with  ;  they  had  ni.irh  business  before  them  and  little 
time  to  transact  it  in,  and  as  I  he  Journal  was  unusually  long,  it 
would  consume  much  of  that  time. 

Mr.  TURNEY  insisted  that  the  Journal  should  be  road;  it  was 
his  right  to  insist  on  it,  and  ho  claimed  that  right. 

Several  Senators  :  "Well,  let  it  be  read." 

After  some  portion  of  the  Journal  had  been  read- 
Mr.  BENTON  again  rose  and  expressed  the  hope  that  the  fur- 
tlter  reading  would  bo  dispensed  with;  it  was  long,  and  would  con- 
sume much  time. 

The  CHAIR  said  that  the  Senator  from  Tennessee  (Mr.  Tur- 
key] had  insisted  on  the  reading  of  tiie  Journal,  in  which  the  Sen- 
ate seemed  to  acquiesce,  and  directed  ihe  Secretary  to  proceed 
with  the  reading. 

The  reading  of  the  Journal  having  been  concluded,  several 
Senators  were^on  their  leet  at  the  same  time,  addressing  "Mr. 
President,"  to  wit:  Messrs.  Benton,  Yulbe,  and  Tdhnev. 

Mr.  YULEE. — I  desire  to  correct   a  statement  in  the  Journal. 

Mr.  BENTON. — Mr.  President,  I  move  to  take  up  the  resolu- 
tion submitted  on  Sunday  morning  by  the  Senator  from  New  Jer- 
sey, [Mr.  Miller,]  to  suspend  the  ITth  joint  rule,  so  as  to  enable 
theOre^on  bill  to  go  to  the  President.  If  that  resolution  be  not 
passed, °it  will  involve  the  fate  of  several  bills. 

Mr.  ATHERTON.— Yes,  the  military  appropriation  bill,  in- 
volving millions. 

Mr.  YULEE.— Mr.  President,  is  not  mine  a  privileged  ques- 
tion ? 

Mr.  RUSK.— I  move  to  amend  the  resolution  by  adding  the 
words,  -'and  all  other  bills  up  to  12  o'clock  of  this  day." 

Mr.  WESTCOTT. — I  move  an  amendment  to  the  amendment, 
"to  rescind  the  resolution  to  adjourn." 

Mr.  BRIGHT.— The  motion  of  the  Senator  from  Florida  is 
clearly  out  of  order.  All  amendments  must  be  germane  to  the 
subject;  his  was  evidently  not  so. 

The  CHAIR  ruled  it  out  of  order. 

Mr.  MILLER. — I  have  not  the  slightest  objection  to  the  amend- 
ment of  the  Senator  from  Tc.\as.  1  will  accept  the  modification 
with  pleasure. 

The  CHAIR. — The  question  is  on  the  resolution  as  amended. 

Mr.  TURNEY  objected  to  the  resolution.  As  it  was  proposed 
to  he  amended,  it  would  he  made  tocinbiaco  all  other  bills  passed, 
or  to  be  passed  this  morning,  and  to  this  he  could  not  agree.  If 
separate  resolutions  were  brought  in  to  suspend  the  rules,  he 
should  exercise  his  judgment  on  each  separately,  and  he  would 
not  object  to  that  course  being  pursued,  and  to  the  passage  of  any 
bill  that  was  in  itself  unobjectionable.  Congress  had  thought 
proper  to  adopt  a  rule,  for  reasons  that  were  doubtless  satisfactory 
to  It,  that  bills  should  not  he  sent  to  the  President  after  a  certain 
period.  This  rule  was  an  important  one.  Its  object  was  to  give 
the  President  time  to  consider  and  examine  bills  that  were  sent  to 
him  for  his  approval  and  signature.  But  here  w-as  an  important 
bill  that  was  new  in  many  of  its  provisions,  which  it  was  proposed 
to  send  to  the  President  at  this  late  period  of  the  session.  The 
vote  on  suspending  the  rules  for  such  a  purpose  virtually  involved 
the  question  of  the  passage  of  the  bill,  and  hence  it  opened  the 
whole  subject  matter  of  tiie  bill.  Ho  was  opposed  to  this.  He 
was  opposed  to  the  passage  of  the  bill,  and  he  was  opposed  to  the 
manner  in  which  its  passage  had  been  secured.  Ho  thought  all 
the  courtesies  of  the  Senate  had  been  violated  that  this  bill  might 
be  rushed  through.  He  woulil  ask  if  it  had  ever  happened  before 
that  a  Senator  was  refused  by  a  vote  of  the  Senate  permission  to 
proceed  with  his  argument  in  order.  [The  honorable  Senator 'al- 
luded to  a  vote  taken  lato  on  Saturday  night  in  relation  to  Mr. 
FooTE.]  Yet  the  Journal  showed  that  a  Senator  had  been  called 
to  order  for  irrelevancy  in  debate,  and  a  motion  lo  permit  him  to 
proceed  in  order  was  voted  down  by  the  Senate.  That  was  an 
extraordinary  vote.     It  was  unprecedented.     It  was  unheard  of. 

Mr.  BENTON  called  the  Senator  from  Tennessee  to  order, 
and  asked  for  the  reading  of  tlie  rule  v.hii-h  n^piired  Senators  to 
speak  to  the  subject  before  the  Senate;  and  hirliier,  he  called  for 
the  enforcement  of  that  rule. 

Mr.  FOOTE  said  that  rule  should  hare  been  enforced  at  an 
earlier  period  of  the  session. 


Mr.  TURNEY  did  not  understand  that  there  was  any  point  of 
order  made  by  the  Senator  from  Missouri. 

Mr.  BENTON  said  that  he  had  asked  for  a  thing  to  be 
done. 

Mr.  FOOTE  insisted  that  the  Senator  from  Missouri  had 
no  right  to  make  such  a  motion  -while  a  Senator  was  speak- 
ing. ° 

Mr.  TURNEY  said  he  insisted  that  his  words,  which 
were  objected  to  as  irrelevant,  shoidd  be  put  down  in  wri- 
ting. 

Mr.  FOOTE  also  contended  that  the  words  should  be  taken 
down. 

The  PRESIDING  OFFICER  made  some  observations  which 
did  not  reach  the  reporter. 

Mr.  TURNEY  said  he  was  going  on  to  give,  very  briefly,  the 
history  of  the  proceedings  on  this  bill,  and  he  wished  to  know  if 
anybody  had  ever  before  been  called  to  order  for  pursuing  such  a 
course? 

Mr.  KING  begged  to  remind  the  Senator  from  Tennessee  that 
there  was  no  bill  under  consideration. 

Mr.  TURNEY  asserted  that  there  was.  The  Oregon  bill  was 
embraced  in  the  pending  resolution,  the  adoption-  of  which  was 
necessary  to  give  that  bill  the  force  of  law;  and,  consequently, 
the  whole  queslion  was  opened  for  diseussim. 

He  then  proceeded.  Some  most  extraordinary  steps  had  been 
taken  to  force  this  bill  through  this  body.  The  gag  had  been 
applied,  and  it  had  been  applied,  for  the  first  time,  to  secure  tnc 
passage  of  this  bill.  But  that  was  not  the  only  matter  of  which 
he  complained.  So  far  as  his  knowledge  extended,  the  praciice 
of  the  Senate  had  been,  in  all  cases  of  disagreeing  votes  be- 
tween the  two  Houses,  to  appoint  a  committee  of  eonlcrence. 
But  even  that  had  been  refused.  A  departure  from  the  usual 
practice  of  tlie  Senate,  in  that  respect,  had  been  resorted  lo  lor 
the  first  time,  in  this  case;  and  it  was  done  for  the  pur|.ose  of 
forcing  through  a  measure  that  was  more  obnoxious  to  one  sec-- 
tion  of  this  Union  than  any  other  subject  of  legislation  which  had 
come  before  them  during  the  present  session.  Why  should  they 
now  bo  called  upon  to  suspend  the  rules  to  give  this  bill  the  force 
and  effect  of  law?  He  was  not  willing  to  assent  to  such  a  pro- 
ceeding. .      ij  u 

He  should  now  give  his  objections  to  this  bill;  and  he  should  be 
very  brief,  and  yet  he  should  not  hurry  himself.  If  there  were 
other  important  bills  embraced  in  this  resoluti(Jn,  which  it  was 
necessary  to  pass,  gentlemen  micht  detach  them,  act  upon  them 
separately,  and  they  could  be  disposed  of  in  two  minutes.  To 
that  he  would  consent.  But  if  they  should  refuse,  gentlemen 
need  not  expect  him  to  shrink  from  the  responsibility  of  opposing 
this  resolution.     Whatever  responsibility  there  was,  would  rest  on 

others. 

He  then  recapitulated  the  proceedings  of  the  two  Houses  on 
the  subject  of  the  Oregon  bill,  which  resulted  in  a  disagreement 
between  the  two  Houses;  and  what,  he  asked  the  Senate,  was  to 
be  (rained  by  surrendering  to  the  House  of  Representatives?  The 
Senlte  sent  to  the  House  a  compromise  bill,  aller  mature  consid- 
eration by  the  Senate,  and  its  passage  by  a  large  majority,  and 
the  House  unceremoniously  laid  it  upon  the  table.  Alter  that, 
the  House  of  Representatives  passed  this  Oregon  bill,  which 
was  about  one-third  of  the  bill  -ft'hich  the  House  had  re- 
jected. 

Mr.  MILLER  interposed,  and  reminded  the  Senator  from  Ten- 
nessee thai  the  pending  resolution  had  reference  not  alone  to  the 
Oregon  bill,  but  to  some  twenty  or  thirty  others,  amongst  them 
was  the  army  bill. 

Mr  TURNEY  should  vote  against  the  resolution,  although  it 
did  embrace  other  bills.  But  if  ihe  Senator  from  New  Jersey 
would  offer  a  separiile  resolution  in  relation  to  the  army  bill,  ho 
(Mr.  T.)  would  interpose  no  objection.  But  did  the  Senator  sup- 
pose that  he  could  he  cut  oil"  from  giving  his  dccidsd  opposition  to 
this  Oregon  bill?  If  so,  he  was  very  much  mistaken.  II  gentle- 
men -would  put  a  number  of  bills  logeiher,  they  must  take  the 
consequences,  for  he  could  not  thus  allow  himself  to  be  brought 
to  favor  the  passage  of  a  bill  which  his  judgment  disapproved.— 
The  House  of  Representatives  had  decided  that  it  would  pass  no 
bill  which  was  silent  on  the  subject  of  slavery.  They  were  not 
content  to  stand  on  the  Consttlution.  They  were  not  content  that 
the  citizens  of  this  Republic  should  enjoy  the  rights  which  were 
secured  to  tliem  hy  the  Constiiuiion,  and  hence,  they  had  rejected 
the  Oregon  bdl  sent  to  them  hy  the  Senate.  They  had  rejected 
it  because  it  was  in  h.ad  company.  The  House  afterwards  sent 
to  the  Senate  a  hill  to  establish  a  Territorial  Government  in  Or- 
e'Ton  by  iiself,  and  the  Senate  returned  it  with  a  second  proposi- 
tion of  a  eoraproraise,  on  the  basis    of  the    Missouri   compromise. 


August  14.] 


THE  OREGON  BILL. 


1029 


giving  ihcm  a  large  portion  of  the  territory,  and  they  had  refused 
to  accede  to  that,  and  had  sent  the  bill  back  amended.  In  this 
state  of  things,  the  Senate  was  now  asked  to  yield  to  the  House, 
without  even  a  coramitteo  of  conference  being  allowed  them,  al- 
though it  was  a  common  law  of  the  body,  and  allowed  in  every 
other  case.  And,  not  only  was  a  committee  of  conference  denied 
them,  but  gentlemen  had  been  gauged,  and  refused  permission  to 
deliver  ihoir  sentiments  in  this  body,  on  so  important  a  fjucstion; 
but,  notwithstanding  their  rights  had  been  thus  outraged,  they 
were  asked  to  stand  hero  in  silence,  and  jiermit  this  bill  to  pass 
throuah;  and,  that  it  might  be  forced  through,  the  army  bill,  and 
several  others,  had  been  coupled  wilh  it.  Senators  mu^t  not, 
however,  expect  to  force  it  on  him  by  thus  coupling  it  with  others. 
Let  each  tub  stand  on  its  own  bottom,  and  lot  each  hill  stand  on 
its  own  merits;  but  let  them  not  expect  to  accomplish  their  pur- 
pose by  this  unholy  and  unnatural  alliance.  If,  by  such  an  alli- 
anco.  a  necessary  measure  was  defeated^  let  the  responsibility  rest 
on  those  who  coupled  them.  If  Senators  woulil  blend  measures 
together,  they  must  bear  the  responsibility.  He  should  not  vole 
for  this  resolution  on  that  account,  and  he  was  willing  to  take  all 
the  responsibility  that  would  attach  to  him  fnr  any  vote  that  ho 
might  give.  He  was  willing  to  answer  to  the  State  of  Tennessee, 
and  to  nowhere  else  was  he  responsible. 

Mr.  WEBSTER  rose  to  a  question  of  order.  Ho  appealed  to 
the  Chair  and  to  the  Senate  on  a  point  of  order.  He  made  il 
certainly  without  any  heat  or  passion.  Ho  rose  to  a  point  of  or- 
der which  ho  meant  to  propound  distinctly,  and  not  fur  the  pur- 
pos"  of  discussing  it  ;it  any  length,  but  to  ask  for  a  decision  by  the 
Chair  and  the  Senate.  The  position  in  which  they  stood  could 
not  but  be  well  known  to  every  Senator.  Less  than  two  hours 
hence  and  this  Senate  would  stand  adjourned. 

Mr.  WESTCOTT  rose  to  a  question  of  order.  The  Senator 
from  Massiichusetts  had  no  right— and  ho  said  it  respectfully— to 
make  a  speech  on  his  point  of  order. 

Mr.  WEBSTER  would  state  the  point  of  order  which  he  had 
risen  to  make.  These  protracted  debates  at  this  stage  of  the  ses- 
sion were  certainly  out  of  order,  and  against  tlio  rule  of  the  Sen- 
ale  which  requires  Senators  to  speak  to  the  question  pending  be- 
fore the  Senate.  He  made  this  point  of  order  as  a  last  effort  on 
his  part  to  complete  the  business  of  the  Senate  in  relation  to  the 
Oregon  bill,  the  army  bill,  and  others  which  were  highly  impor- 
tant"; and  he  asked  the  Senate,  with  respect  for  the  gentleman 
from  Tennessee,  if  a  prolonged  debate,  such  as  that  which  the 
gentlcm.'in  from  Tennessee  was  inclined  to  go  into,  was  in  order? 
If  the  Senate  should  say  it  was,  ho  should  ncjt  have  another  word 
to  say. 

Mr.  TURNEY  required  the  Senator  from  Massachusetts  to 
put  his  point  of  order  in  writing,  for  he  wished  it  to  go  on  the 
Journal. 

Mr.  WEBSTER  was  willing  to  do  so  if  it  were  required.  He 
then  submitted  his  point  of  order  to  this  effect  :  "I  call  the  Sena- 
tor from  Tennessee  to  order  on  the  ground  that  the  course  of  dis- 
cussion in  which  ho  is  indulging  is  not  relevant  to  the  subject  bo- 
fore  the  Senate." 

Mr.  TURNEY  wished  the  Senator  from  Massachusetts  to  in- 
dicate the  irrelevant  words. 

Mr.  WEBSTER  replied  that  that  was  his  point  of  order,  and 
the  Spnate  would  judge  for  itself  as  to  the  words. 

Mr.  CALHOUN  denied  that  the  gentleman  from  Tennessee 
was  out  of  order. 

Mr.   JOHNSON,  of  Marvland,   inquired  if  he  understood   that 
the  opinion  of  the  Senate  was  asked  on  this  point  of  order? 
■•    The  PRESIDING  OFFICER  was  understood  to  answer  in  the 
afErmative. 

Mr.  JOHNSON.— And  that,  I  believe,  is  debatable  ? 

The  PRESIDINF  OFFICER  answered  that  it  was. 

Mr.  CALHOUN  then  proceeded  to  affirm  that  the  course  pur- 
sued by  the  Senator  from  Tennessee  was  no  violation  of  propriety, 
and  he  called  upon  the  Senator  from  Massachusetts  to  point  out 
tho  words  uttered  by  the  Senator  from  Tennessee  which  were  out 
of  order. 

Mr.  WEBSTER  replied,  that  i(  he  were  to  enter  into  a  debate 
on  that  point,  the  object  of  the  gentleman  opposite  would  be  ac- 
complished, in  which  he  did  not  propose  to  aid  them.  He  had  no 
desire  to  go  into  anv  metaphysical  views,  aware,  as  be  was,  that 
if  he  were  to  engage  with  tiie  Senator  from  South  Carolina  m  a 
contest  of  that  character,  he  should  he  involved  in  a  maze  Irora 
which  there  would  be  little  probability  of  extrication  before  the 
hour  of  adjournment  would  terminate  the  session. 

Mr  TURNEY  said,  the  object  was  to  gag  him  ;  and  he  desir- 
ed to  know  if  (here  was  any  rule  to  limit  debate  at  the  close  of 
the  session  which  did  n.a  exist  at  its  beginningl  If  there  was,  He 
begged  to  be  referred  to  it. 

Mr  FOOTE  said,  he  was  very  much  surprised  to  hear  such 
language  fall  from  the  lips  of  the  Senator  from  Massachu.<^etts. 
That  Senator  had  brought  a  very  serious  charge  against  Senators^ 
who  were  as  respectable  as  himself.     He  had  charged  them  with 


some  improper  ptirpose  in  discnssing  this  rcsolalion  ;  he  had  nn- 
deriaken  to  say  that,  if  he  arose  In  his  place  to  answer  the  qnes- 
tion  of  the  Senator  from  South  Carolina,  [Mr.  Calhock.]  tho 
purpose  of  Senators  would  be  as  fully  accomplished  as  if  this  dis- 
cussion were  permitted  to  go  on.  Now,  what  was  that  at  which 
the  Senator  from  Massachusetts  darkly  hinted?  Did  tho  Senator 
suppose,  or  had  anyone  declared.,  that  it  was  the  intention  ol  any 
Senator  on  this  floor  thus  to  defeat  this  bill?  Did  not  the  Senator 
from  Massachusetts  know  that  such  an  aecnsntion  was  made 
against  another  Senator  from  Miissacliu.^eits  by  the  public  press 
at  the  close  of  the  last  session;  and  did  it  become  the  courtesy  of 
the  Senator  from  Massachusetts,  [Mr  Websteb,]  either  dirccily 
or  indirectly  to  make  such  a  charge  against  others?  Ho  had  (he 
Senator  in  his  eye,  [Mr.  Davis,  of  ftlHssachusetts,]  against 
whom  a  similar  accusation  was  made  by  the  ncwsp»per  press  ; 
but  he  [Mr.  P.]  did  not  believe  that  that  accusHlion  had  any 
foundation  in  trulh;  but  ho  would  lell  the  Semilor  that  the  course 
of  the  Senator  from  Massachusetts,  [Mr.  Webster.]  to-day 
would  tend  to  confirm  the  tiispicio.i  wliich  was  said  to  exist  a  year 
ago,  for  it  would  seem  to  show  that  in  New  England  they  were 
familiar  wilh  such  trickery,  or  that  such  an  imputation  wituld  not 
have  suggested  itself  to  the  imagination  of  a  New  England  man. 
Ho  did  not  believe  that  the  accusation  was  true. 

The  PRESIDENT  interposed,  and  called  the  Senator  from 

Mississippi  to  order. 

Mr.  FOOTE  had  only  to  say,  that  if  he  had  lieen  misled  by  ibo 
example  of  the  Senator  from  Massachusctis,  he  should  not  per- 
sist in  being  out  of  order,  though  he  should  claim  at  all  times  the 
same  privileges  that  were  enjoyed  by  oilier  Senators. 

The  Clebk  of  the  House  of  Reprcsenlalivos  here  appeared  bo. 
low  the  bar,  and  delivered  to  the  Senate  a  joint  rcs<ilulion  for  the 
suspeneion  of  the  17lh  joint  rule  of  ihc  two  Houses,  lo  permit  all 
bills  heretofore  passeil,  or  to  be  this  ilay  passed,  to  he  ►ent  to  ilio 
President,  in  which  he  was  directed  to  ask  the  com.urrcncc  i^f  iho 
Senate.  [This  resolution  was  the  same  in  its  terms  as  thai  under 
consideration  ] 

Messrs.  Berbien,  Joiinson,  of  Georgia,  and  Joii.vsoN,  of 
Maryland,  having  each  made  suggestions — 

Mr.  TURNEY  said  he  would  relievo  ibe  .Senate.  He  had  not 
five  words  more  to  say.  It  was  not  his  purpose  when  ho  arose  lo 
cijler  into  a  long  discussion.  His  object  was  to  cnlcr  his  protest, 
and  then  to  vole  .igainst  the  resolution,  first  assigning  briefly  iho 
reasons  by  which  ho  was  actuated.  He  should  vote  against  sus- 
pending the  rules. 

Mr.  WEBSTER  said  he  understood  the  Senator  from  Tennes- 
see to  say  that  he  was  through.  He  begged  to  say,  and  with  all 
respect  for  the  Senator  from  Tennessee,  that  he  had  bad  no  dcsiio 
to  embarrass  that  Senator. 

Mr.  TURNEY  wished,  nevertheless,  to  have  n  vote  on  the 
point  of  order. 

Mr.  RUSK  said  he  believed  ho  had  opposed  this  Oregon  bill 
with  as  much  firmness  as  any  Senator,  and  with  as  little  noise. 
He  had  discharged  his  duty  to  Ihe  best  of  his  ability  to  bis  couniry 
and  his  State  ;  and  now  if  this  bill  goes  lo  the  Executive,  ho  must 
discharge  his  duty.  Ho  (Mr.  K)  had  done  all  he  could.  Ho  had 
been  anxious  to  dispose  of  it  without  sitting  on  Saturday  nighi. 
and  particularly  wiihout  encroaching  upon  the  duy  of  rest,  hm  it 
appears  that  that  could  not  he  avoided.  The  hill  was  pa.'sert,and 
accordinf  to  the  course  which  had  heretofore  been  pursued  in  tho 
Senate,  '"when  a  majority,  a  clearly  asceriaincd  majonlv.  had 
agreed  upon  a  measure,  it  was  proper  that  ho  shoald  yield,  that 
tl7ey  might  have  the  opportunity  of  passing  it,  and  assuming  to 
God  and  their  country  the  responsibility  of  the  act. 

Mr.  AVEBSTER  intiraaled  that  he  understood  the  Chair  had 
decided  the  point  which  he  raised,  and  ho  should  therefore  make 
no  further  effort. 

Mr.  TURNEY  asked  if  he  was  to  understand  that  he  was  in 
order. 

Tho  PRESIDING  OFFICER  was  understood  to  answer  in  the 
affirmative. 

Mr.  RUSK  then  continued.  He  said,  the  majority  had  assumed 
the  responsibiliiy,  and  iliereforc  all  that  the  minority  could  do, 
except  what  tbey  could  do  inilirecily,  was  now  done  And  ilicro 
was  another  important  matter  to  which  ho  would  advert.  There 
were  about  thirty  bills  in  the  situation  of  the  Oregon  bill,  many 
of  them  hills  for  the  relief  of  those  who  were  suffering  in  poverty 
and  want,  to  whom  just  debts  were  owing  by  the  Government  of 
the  United  Stales.  One  of  those  bills,  (.ind  it  was  one  of  great 
importance.)  was  the  army  appropriation  bill.  He  had  seen  I ho 
Secietary  of  War  but  a  tew  minutes  ago,  and  was  informed  by 
that  gentleman  that  it  was  impossible  for  him  to  proceed,  lor  any 
lenirth  of  time,  unless  the  armv  appropriation  bill  should  be  passed. 
If  this  bill  should  not  be  passed,  what  would  he  the  consequence  ? 
Their  officers  and  ^oldiers  would  be  left  without  a  dollar.  He 
was  awaro  the  eounirv  was  in  circumstances  of  great  agitation, 
and  in  a  state  of  highly  exciting  feelings.  He  regretted  to  see  it. 
It  was  a  matter  of  very  sincere  regret  to  him.  But  he  appealed 
to  those  Senators  who  had  been  opposed  lo  the  passage  of  the 
Oregon  bill  to  cease  all  further  opposition,  and  to  permit  it  to  pass. 


1030 


THE  OREGON  BILL, 


[Monday, 


Amon<;st  those  Senators  to  whom  ho  appealed,  were  gentlemen 
who  had  lon^  served  their  counti*y,  and  wiio,  when  they  died, 
would  leave  a  name  behind  which  well  miyht  he  envied  by  the 
rising  generation.  For  tlio  passajje  of  this  hill  they  were  not  re- 
sponsible, lor  they  had  resisted  raanl'ully  and  perseveringly.  He 
asked  thera,  therefore,  now  to  yield,  and  not  altemp&^^indireetly 
to  defeat  a  measure  which  they  had  not  the  power  to  defeat 
directly:  but  let  the  mnjority  take  the  responsibility  of  the  act,  of 
which  posterity  would  form  its  judgiuent. 

Mr.  KING  wished  to  say,  that  perhaps  there  was  no  one  in  the 
Senate  more  opposed  to  certain  jirovisions  of  the  bill  which  had 
been  passed  than  he  was.  Me  thoujjht  it  contained  provisions 
that  were  not  only  unnecessary,  but  calculated  to  violate  tlio  rishts 
of  his  section  of  the  Union.  When  the  hill  was  under  considera- 
tion, he  had  been  very  desirous  to  sec  it  amemled  ;  and  when  it 
came  back  with  the  amendment  of  ilie  Jienato  rejected  by  the  other 
House,  he  proposed  that  the  Senate  should  insist  on  its  anienduicnt, 
that  they  might  avail  themselves  of  the  proposition  of  the  Senator 
Irom  Illinois,  and  appoint  a  comrniitee  of  conference.  The  pro- 
position to  recede  having  the  preference,  he  had  not  been  able  to 
accomplish  that  object.  The  majority  had  decided  the  question, 
and  on  them  let  the  responsibility  rest.  The  bill  was  now  only 
waiting  the  aoiion  of  the  President  to  become  the  law  of  the  land. 
They  had  done  th-ir  duty  to  themselves  and  to  the  coiuitry,  as  far 
as  was  practicable.  But  the  majority  of  the  Senale  and  of  the 
othei  House  had  spoken  ;  they  had  determined  that  the  bill  should 
pass  in  its  present  form.  He  was  now  for  leaving  the  co-ordinate 
branch  of  the  Government  (the  E.xeeutive)  to  do  its  duty,  and  act 
on  this  bill  when  it  should  be  presented  to  him.  He  (Mr.  K  )  was 
not  now  prepared  to  take  ground  on  mere  technical  objections  to 
defeat  it.  He  had  never  seen  any  good  result  from  such  a  course. 
He  was  decidedly  of  opinion  that  no  good  could  result  from  it.  He 
therefore  appealed  to  his  friends — to  those  with  whom  he  had 
acted,  and  who  could  not  be  more  opposed  to  the  bill  in  its  pre.sent 
shape  than  he  was — to  let  the  rules  be  suspended,  that  this  and 
the  other  bills  might  go  to  the  President  ;  and  let  the  President 
act  upon  them  as  his  judgment  might  du-ect.  lie  trusted  that 
course  would  be  pursued.  It  would  comport  better  with  the  dig- 
nity of  the  Senate,  with  tlieir  standing  in  the  countrj',  and  with  the 
pulilio  sentiment,  than  by  persisiing  in  opposing  this  resolution. 
He  knew  there  was  a  great  diversity  of  sentiment  respecting  this 
matter.  He  knew  some  gentlemen  thought  the  President  could 
not,  at  this  late  period,  give  it  a  proper  e.'camination.  If  not,  let 
the  President  hold  it  over,  if  ho  thought  proper  to  do  so  :  but  if  ho 
was  ready  to  act,  let  him  act.  If  he  was  not  reaily,  let  him  take 
the  time  which  the  Consiitntion  allowed.  He  (Mr.  K.)  again 
appealed  to  those  wiih  whoiri  he  acted  to  withdraw  tlieir  opposi- 
tion, and  let  this  resolution  pass. 

Mr.  CALHOUN  said,  if  there  was  any  rosponsibily,  it  was  on 
the  majority,  and  not  on  the  minority.  By  the  rules  of  the  Sen- 
ate, the  Oregon  bill  was  lost;  and  the  majority  well  knew  that. 
They  felt  conscious  of  the  fact,  and  therefore  they  had  added  all 
the  other  bills  to  it  in  this  resolution  ;  and  thereby  ihey  had  as- 
sumed the  responsibility  of  all  the  consequences.  The  existing 
rule  on  their  Journal  was  a  convincing  proof  that  the  Senate  was 
of  opinion  that  it  was  improper  to  send  bills  to  the  President  on 
the  last  day  of  a  session,  as  ho  could  not  sign  them  otVhand. 
There  might  bo  great  constitutional  questions  involved,  requiring 
great  consideration,  and  the  constitution  allows  him  ten  days  to 
decide  upon  bills.  But  Ihey  proposed  to  send  this  bill  to  him  on 
the  last  flay  of  the  session  ;  and  if  there  ever  was  a  bill  that  ought- 
not  to  be  pressed  on  the  President  to  decide  instanier,  this  was 
one.  How  long  had  it  been  before  them  'i  Some  live  or  six 
weeks;  and  ihcy  had  even  violated  the  day  of  rest,  which  was 
not  regarded  as  a  legal  day  ;  and  yet  they  would  send  it  to  the 
President  one  hour  and  a  half  before  the  adjournment  of  Con- 
gress. This  was  all  the  lime  they  proposed  to  allow  him.  He 
understood  what  was  the  great  point  of  contest  between  par- 
ties in  that  House.  The  opposite  party  wanted  to  have  the  ab. 
solute,  despotic  control  over  the  territories.  Thoy  knew  there 
was  not  such  an  example  to  be  found  in  all  the  legislation  of  this 
country.  They  all  knew  that  the  Missouri  compromise  would  not 
have  passed,  but  that  the  North  were  anxious  to  protect  them- 
selves by  the  adoption  of  the  line  of  36°  3d'.  Ami  how  was  it 
on  the  admission  of  Texas  ? 

Mr.  JOHNSON,  of  Maryland,  suggested  to  the  Senator  from 
South  Carolina  to  make  a  motion. 

Mr.  CALHOUN  said  he  would.  After  some  other  observa- 
tions, he  said  this  was  the  tirst  time  the  Wilmot  proviso  had  ever 
been  attempted  to  be  carried  into  cfi'cct.  He  concluded  by  mov- 
ing to  strike  out  from  the  resolution  all  that  part  of  it  which  re- 
lates to  the  Oregon  bill,  and  on  that  motion  ho  called  for  the  yeas 
and  nays. 

Mr.  MILLER  said  there  was  nothing  about  the  Oregon  bill 
in  it. 

Mr  JOHNSON,  of  Maryland,  then  suggested  to  the  Senator 
from  South  Carolina  to  except  the  Oregon  bill  by  name. 

Mr.  CALHOUN  said  he  would  do  so. 

The  Seckeiary  read  the  resolution,  and  it  appeared  that  the 
Senator  from  New  Jersey  was  mistaken,  the  Oregon  bill  being 
named  in  it. 


that  the  Senate  take  up  tho  resolution  from  the  House  on  the 
same  subject,  whicli  was  received  a  few  minutes  ago.  Agreed  to. 
The  resolution  from  the  House  was  then  taken  up."  It  pro- 
posed, in  general  terms,  to  suspend  tho  17th  joint  rule  to  permit 
all  bills  passed  and  to  bo  passed  this  day  to  be  sent  to  the  Presi- 
dent. 

Mr.  CALHOUN  moved  to  amend  the  resolution  by  adding  thn 
words  •'except  the  Oregon  bill." 

Mr.  JOHNSON,  ofMaryland,  suggested  an  amendment  to  the 
same  ellect,  but  in  more  precise  terms. 

Mr.  CALHOUN  was  understood  to  accept  that  amendment  as 
a  modification  of  his  own,  and  to  call  for  the  yeas  and  nays 
thereon. 

The  yeas  and  nays  were  ordered,  and  resulted  thus  : 

\'E.-\.^— ML*?srs.  Allen.  Atcliison,  Alherfon,  Badger,  Bnldwin,  Benton.  Brad- 
Ijiiiy.  Breese,  Bright,  Cameron,  Clarke,  Corwiii,  Davi«i,  of  Massactiusetts,  Dayton, 
Dickinson,  Dix.  Doilge.  Douglas,  F'^luli,  Fitzgerald.  Greene,  Hale,  Hamlin,  Hanne- 
gan,  Houslon.  King,  jMetcalt'e,  iMiller,  Niles,  Pearce,  Phelps,  Sfiruanee,  Sturgeon* 
L'nder.vood,  lj(>ham.  Walker,  and  Webster — 37. 

NAYS — Messrs.  J5ell,  Berri:-n,  Borland,  But'e',  Calhouw*  Davis  of  Mississippi, 
Downs,. Foole,  Hunter,  Jolmson,  of  Maryland.  Johnson,  of  Louisiasa,  Johnson,  oi^ 
Georgia,  Lewis,  .Manguin,  M.-ison,  Rusk,  tfehasuon,  Turney,  WeslcoU  and  Yulee 
—21). 

The  (jueslion  then  recurred  on  the  House  resolution. 

Mr.FOOTEroseand  said  that  it  had  been  intimated  by  Senators 
in  their  places  that  there  were  gentlemen  there  who  were  deter- 
mined to  speak  out  all  the  time  remaining  with  the  view  of  defeat- 
ing this  bill.  Now,  he  wished  to  be  allowed  to  say  that  they  had 
been  for  some  time  prepared  to  act  a  very  different  part.  They 
had  been  prepared  to  defeat  what  was  considered  improper  legis- 
lation, tmd  nothing  more.  But  he  now  felt  authorized  to  declare 
that  they  were  now  willing  to  yield  and  let  the  majority  take  the 
responsibility.  They  had  discharged  their  duty  as  patriots  should 
do.     [Loud  cries  of  ''Question."] 

Mr.  HOUSTON  was  deeply  impressed  with  tho  importance  of 
this  subject.  Having  acted  upon  this  measure  with  the  best  in- 
tenliiins,  he  had  this  only  to  say,  that  a  majority,  and  a  very  small 
majority,  had  decided  this  question— and  as  a  southern  man  he  had 
placcil  himself  not  on  sectional  and  abstract  principles,  but  on 
principles  which  were  calculated  to  maintain  the  rights  of  this 
Union  and  of  every  portion  of  it — he  trusted  all  opposition  would 
cease . 

The  majority,  ho  repeated,  was  small,  but  it  was  a  small  ma- 
jority by  which  Texas  was  admitted  into  this  Union,  and  if  there 
was  a  majority,  it  was  not  for  him  to  say  how  few  or  how  many, 
but  to  submit.  He  contended  that  he  was  actuated  by  as  high,  as 
iiidepeiflent,  and  as  patriotic  motives  as  any  gentleman  in  that 
body,  be  he  from  the  South  or  from  the  North.  On  such  occasions, 
he  knew  neither  North  or  South;  he  knew  only  this  Union,  and 
he,  though  a  .southern  man,  would  protect  the  rights  of  tho  North, 
aud  not  suffer  them  to  be  encroached  upon,  as  ardently  as  he  would 
])rotect  and  support  the  rights  of  the  South.  He  believed  on  that 
lluor  ho  was  a  representative  of  the  whole  xVmcriean  people.  He 
was  the  representative  of  the  whole  and  of  every  portion  of  it. 
On  all  occasions  he  would  maintain  that  position,  and  ho  believed 
his  people  would  sustain  him  in  it,  for  they  are  true  to  the  Union. 

The  resolution  was  then  adopted. 

Mr.  YULEE  moved  that  the  Senate  proceed  to  the  considera- 
tion of  the  following  resolution,  reported  .-^oine  days  since  by  the 
chairman  of  the  Committee  on  Pubiio  Buildings; 

tlfisulvrd,  Thatasnmnot  exceeding  ^8,770  be  expended,  out  of  the  contingent 
fund  of  the  Senate,  in  conipleling  Ihe  system  of  ventilating  and  warming  the  Senate 
chamber,  cominenced  and  proposed  by  John  Skirvin^i  Prtrcidcd however.  That  ths 
iiHiney  siiall  be  expended,  and  tho  work  executed,  uuder  the  direction  of  Uie  riccrelary 
of  the  Senate. 

Cries  of    'What  is  it?" 

Mr.  YULEE. — It  relates  to  the  ventilation  of  tho  Senate  cham- 
ber. 

Cries  of  "No,  no,"  from  all  quarters  of  tho  Senate. 

Mr.  BENTON.— I  object  to  the  taking  up  the  resolution, 
which,  I  understand,  relates  to  ventilation  So,  sir;  no  more 
ventilation  !  We  have  <iuite  wind  enough,  sir  !  Yes,  sir; 
quite  wind  enough  ! 

Mr.  DICKINSON — We  shall  not  want  any  more  ventilation  this 
session.  I  move,  sir,  to  lay  the  mtuion  on  tho  table,  and  to  take  up 
the  bill  fertile  relief  of  William  Ilogan,  tidministrator  of  Miohaol 
llogan,  deceased.  [This  bill  ajipropriatcs  about  $16,000  to  the 
claimant.] 

Mr.  UNDRWOOD. — I  rise,  sir,  to  a  question  of  order.  The 
Senator  from  New  York  is  out  of  order.  It  is  out  of  order  to 
make  two  motions  together.  The  Senator  from  Now  York  moves 
to  lay  a  motion  on  tho  table,  and  to  take  up  a  private  bill. 

Mr.  DICKINSON.— Well !  I  will  move  to  lay  the  motion  on 
the  table. 

Mr.  YULEE. — Mr.  President,  as  I  perceive  the  sense  of  tho 
Senate  is  so  strong  against  my  motion,  I  will  withdraw  it.  I 
withdraw  tho  motion. 


Mr.  BENTON  moved    to  lay  the  resolution  on  the  table,  and         Mr.  DICKINSON. — Now,  sir,  I  move  to  take  up  the  bill  for 


August   14. j 


THE  OREGON  BILL. 


1031 


the  relief  of  William  Hogan,  administrator  of  Michael  HoTan 
deceased-.  °     ' 

The  motion  was  agreed  to,  and  the  Chair  announced  that  the 
bill  was  before  the  Senate  on  its  passase. 

The  bill  was  then  passed. 

Mr.  WEBSTER  moved  that  the  Senate  proceed  to  the  consid- 
eration of  the  following  joint  resolution  from  the  House  of  Repre- 
sentatives to  add  to  the  joint  rules  of  the  two  Houses  : 

"After  SIX  days  Train  Ihe  commenccmenl  at  a  «croiiil  or  subsequent  seuion  or  Con  • 
gress,  all  bills,  reiolutious.  or  rcpo.rs,  whii-h  urijiiialcd  in  eitbor  Hou.c  anfl  at  llie 
close  of  the  next  iirecedin?  seiSlou  reniaineil  unilelprrniiiell  in  either  Ho'ine  shall  be 
ie*uineil  and  acted  on  in  llie  same  manneras  ifan  adjournmenl  liad  not  taken  place." 

The  motion  havin?  been  agreed  to,  Ihe  joint  resolution  was 
taken  up,  and  was  considered  and  passed. 

On  motion  by  Mr.  HANNEGAN.  the  Senate  proceeitcd  to  the 
consideration  of  the  House  bill  to  liquidate  certain  claims  therein 
mentioned;  which  was  considered  and  passed. 

^  On  mntlnn  by  Mr.  BENTON,  the  bill  from  the  House  for  the 
relief  of  William  Triplett  was  then  taken  up,  considered,  and 
passed. 

On  motion  by  Mr.  ALLEN,  the  bill  from  the  House  in  relation 
to  military  land  warrants  was   taken  np,  considered,  and   pass^-d. 

On  motion  by  Mr.  DOWNS,  the  Senate  proceeded  to  the  pon- 
sideratinn  of  iho  bill  for  the  relief  of  Frederick  Durrivu  ;  which 
\v.as  read  a  third  time  and  passed. 

On  motion  by  Mr.  PE."\RCE,  the  Senate  proceeded  to  consider 
the  amendments  made  by  the  House  of  Representatives  to  the  bill 
for  the  relief  of  William  B.  Stokes;  and  they  were  considered  and 
concurred  in. 

The  resolution  which  had  been  previously  submitted  by  Mr. 
Mangum,  relative  to  the  payment  of  officers,  &c.,  was  then  taken 
up  for  consideration. 

Mr.  CAMERON  moved  to  amend  the  resolution  liy  inserting  a 
provision  to  pay  the  laborers  in  the  Capitol  grounds  the  same  as 
last  session. 

Mr.  C.  said,  that  w'hile  such  a  disposition  was  manifested  on  all 
sides  of  the  Senate  to  make  extravagant  donations  to  all  the  per- 
sons who  were  empMyed  within  the  walls  of  the  Capitol,  he 
thought  it  nothing  but  lair  that  the  same  generosity  should  be  ex- 
tended to  the  workmen  outSK.le  the  building.  The  laboring  men, 
who  were  exposed  all  day  to  the  broiling  sun,  were  surely  as  well 
deserving  of  extra  compensation  as  those  whose  duties  were  less 
arduous,  and  accompanied  by  less  risk.  He  asked  for  the  yeas 
and  nays  on  his  motion.  He  was  desirous  to  see  who  were  the 
men  that  would  vote  against  the  allowance  of  a  little  gratuity  to 
the  workmen  on  the  public  grounds. 

Mr.  KING  stated  that  when  this  motion  was  formerly  made  he 
opposed  it,  because  he  thought  it  was  going  too  far.  He  had, 
however,  subsequently  made  some  inquiry  on  the  subject.  He  had 
ascertained  that  the  pay  of  these  laborers  was  smaller  than  he  had 
supposed;  that  they  were  paid  by  the  day;  that  what  they  received 
was  barely  sulficient  to  supply  them  with  the  necessaries  of  life  ; 
and  if  they  were  at  any  time  detained  from  their  work  by  sickne.ss 
or  accident,  even  that  little  pittance  was  stopped.  lie  bad  also 
found  that  a  similar  allowance  had  been  made  to  those  persons  at 
the  last  session.  He  desired  to  see  all  on  the  same  footing.  He 
should;  therefore,  not  onlv  withdraw  his  opposition,  but  he  would 
willingly  vote  for  the  amendment.  At  the  same  time,  he  declared 
it  to  bo  his  purpose  to  introduce,  at  the  next  session,  a  system 
which  would  prevent  any  injustice  or  inequaliiy  m  dis]iensing  the 
liberality  of  the  Senate. 

At  the  suggestion  of  several  Senators,  Mr.  CAMERON  with- 
drew his  call  lor  the  yeas  and  nays. 

The  question  was  then  taken,  and  the  amendment  was  agreed 
to. 

Mr.  BENTON  moved  to  amend  the  resolution  by  inserting  an 
appropriation  of  $60  for  the  page,  James  Moore  ;  which  was 
agreed  to. 

Mr.  HALE  mo.'ed  to  amend  the  rcsoUilion  by  inserting  extra 
pay  to  James  Smallwood  and  Martin  Latruite  ;  and  the  amend- 
ment was  agreed  to. 

Mr.  MANGUM  moved  to  amend  the  resolution  by  inserting  an 
allowance  to  Mr.  Isaac  Holland,  as  compensation  lor  conveying 
the  remains  of  the  laie  Chester  Ashley  to  Arkansas  ;  and  the 
amendment  was  agreetl  to. 

Mr.  H.\NNEGAN  moved  to  amenil  the  resolution  by  inserting 
a  provision  to  place  the  Senate  pages  on  the  same  footing,  in  re- 
lation to  pay,  with  the  pages  of  j;he  House  ;  and  the  amendment 
was  agreed  to. 

The  question  then  being  on  the  amendment  as  amended — 

Mr.  TURNEY  inquired  whether  this  resolution  was  introduced 
with  the  sanction  of  any  committee  ?  He  desired  to  know  what 
was  the  amount  included  in  the  resolution  which  was  to  be  thus 
distributed  ?    Could  the  Chair  give  him  the  information? 

The  CHAIR  replied  in  the  negative. 

Mr.  TURNEY  resumed.  There  was  an  extra  allov.-ance  to 
the  Secretary  of  the  Senale  of  $500.  Now,  he  wished  to  know 
why  this  was  to  he  given  to  the  Secretary?   Was  it  right  to  fix 


'f  sfnooT  °L^?  "'''''*'■'  ?'"^   ''""  '"  C've  him  an  extra  aUowance 
ol  §1,000?     V,  hat  was  the  salary  of  ihe  SeereUry? 

The  CHAIR.     Three  thousand  dollars. 

Mr.  TURNEY.  Three  thousand  dollars!  This  was  about 
equal  to  the  salary  of  the  heads  of  bureaus.     Well,.ihere  wa.  aa 

other  of  SoOO  now,  making  «4.000  in  the  whole-a  sum  almost 
equal  to  the  compcnsaiion  of  a  cabinet  officer.  This  he  considered 
an  extravagance  which  ought  not  to  be  tolerated.  He  disclaimed 
any  intention  to  depreciate  the  Sccreiarv.  He  thought  as  highly 
of  the  Secretary  as  anv  Senator  did.  But  this  was  an  exirava 
ganee  not  to  be  though-  of.  He  was  opposed  to  it  for  two  rea- 
sons: in  the  first  place,  ho  thought  $4,000  too  high  a  compensa- 
tion;  and,  in  the  second  place,  as  other  olTiceri.,  who  had  not  one- 
thirU  the  annual  compensation  given  to  the  Secretary  received 
only  a  small  extra  allowance,  the  rule  operated  unequally  and  un. 
justly  He  desired  that  some  principle  should  be  adopted  which 
would  secure  justice  to  all,  and  that  we  should  no  longer  follow  a 
course  by  which  special  favorites  of  Senators  were  lavishly  re- 
warded, while  others  were  treated  with  less  liberaliiv. 

He  asked  for  the  yeas  and  nays  on  the  question,  aiid  they  were 
ordered.  ■*        • 

Mr.  UNDERWOOD  said  this  was  to  be  looked  npon  aa  a  nen- 
cral  scramble  and  he  regarded  it  as  all  wrong,  from  beginning  to 
end.  He  had  all  along  been  opposed  to  a  sv-tem  which  opened 
the  door  to  abuse  and  extravagance.  It  had  however  been  intimated 
by  the  Senator  from  Alabama,  that  he  would  at  the  next  session 
introduce  some  measure  which  would  put  an  end  to  the  present 
practice;  and,  relying  on  that  promise,  he  had  determined  now  to 
give  Ins  vote  in  favor  of  the  resolution,  but  it  would  bo  for  the  last 
time. 

The  question  was  then  taken  on  the  amendment  as  amended, 
and  decided  as  follows: 

YE.\S.-Messr<..    Allen,    Badser,    Baldwin,    Bell,   n.nlon,    Bemen.    BorUmI, 
f.aineron     Clarke.    Davis    of  Mix..    Dodje.  Doujia.,,  Down,.    Filrjierald.   Foole 
(.icene.   Hale,  llaitilin,   Ilannrean.    llou.lon.   Johnson,  of  M.I..  Johnran.  of  Li 
Lewis.  Manjum     Ma-on.Meteair...  Miller.  Rusk.  Sebastian,  S,,rn.nee,   SlnrtroD 
I  nderwood,   t  [iliain,  \\  eb-ter,  \\  cstcotl.  and   Vnlee.— rui. 
^N.WS.— .Messrs.    .Mheiton,  niadbarv.  Breeso,  Brigl,!,  Felch,  Nilej,  ud  Tome; 

So  the  resolution  was  adopted  in  the  following  form  : 

/{/■solMil.  That  there  be  allowed  and  Vaid  from  the  continscnl  fond  lollw  ."Jjew- 
tary  ol  the  Senate  the  sum  of  !3-')flO.  in  con-ideralion  of  hii  in.reaMd  moonsibdilv  in 
r.-Ialion  to  tlie  funds  appropriated  and  applied  for  Ihe  use  and  service  of  Ihe  Senale  for 
each  session  ofConsress.  the  last  and  present. 

That  the  laborers  i-mploved  at  the  Capitol  grounds  be  allowed  tli<  lame  aniouiil  thai 
was  allowed  them  at  the  last  se-sion. 

That  the  sum  of  .s(iO  be  allowed  ro  James  Moore. 

That  there  be  allowed  ro  Isriac  Holland  the  same  anionni  of  eompenialion  for  con- 
veying the  boily  ofihe  Hon.  Chester  .Ashley  as  was  allowed  to  him  in  the  case  of  the 
Hon.  Alexander  Barrow. 

That  the  pajos  of  Ihe  Senale  be  allowed  the  same  daily  pay  as  has  liecn  allowed  lo 
Ibe  pages  of  the  House  of  Represenlati\'es  for  the  presenl  session. 

That  there  be  pai.l  to  James  Smallwood  and  .Martin  I.elruile,  the  mail  boys  in  Ihe 
employment  of  the  Senale.  Ihe  same  daily  pay  and  extra  eomgiensalion  that  is  paid  10 
tin  paspsotthe   Senate  for  the  present  session.    ' 

That  there  lie  allowed  and  paid  to  Thom.-u  Clarke  and  Benjamin  Owens  for  Ihe 
.same  amount  of  daily  pay  and  eompensaison  that  is  paid  to  the  meitL>ngera,  Ihe  pay 
to  ennimencre  wilb  the  present  session  of  Consre-ss. 

That  the  Serjeant  at  a'tniscontinne  in  service  the  pn-sent  force  of  mail  earrien  and 
foldens  until  be  shall  have  completed  the  transmis-sion  bv  mad  end  othenvius  of  all  Ow 
books,  public  docoment,s,  anil  boxes  now  on  hand  betoiisiii^'  lo  Senators  ;  and  thai  lie 
also  employ  the  same/oice  at  siirli  limes  dunn<r  the  recess  at  may  be  neee.««rT  lo  en  ■ 
sure  liie  prompt  fiddine  ami  sendins  otj'  sueli  further  docoments  as  may  be  delivered 
to  him  by  the  public  printers  for  Ibe  u.e  of  the  Senators. 

On  motion  by  Rfr.  DODGE,  the  Senate  proceeded  to  consider 
the  bill  from  the  House  for  the  relief  of  John  P.  B.  Gratiot,  and 
the  legal  representatives  of  Henry  Gratiot ;  and  the  bill  was  read 
a  third  time  and  passed. 

On  motion  by  Mr.  JOHNSON,  of  Maryland,  the  Senate  pro. 
ceeded  to  consider  the  resolution  authorizing  the  Committee  on 
Printing  to  sit  during  the  recess  ;  which  was  agreed  to. 

Mr.  DAVIS,  of  Massachusetts,  from  the  Committee  on  Com. 
mcrce,  reported  House  bill  making  appropriations  for  the  im- 
provement of  certain  rivers  and  harbors,  without  amendment. 

On  motion  by  Mr.  DAVIS,  of  Massachusetts,  the  Committee 
on  Commerce  was  discharaed  from  the  further  consideration  of  a 
number  of  petitions,  memorials,  and  bills. 

On  motion  by  Mr.  BUTLER,  the  Committee  on  the  Judiciary 
was  discharged  from  Ihe  further  consideration  of  the  various  pe- 
titions, memorials,  &c.,  \vhi«h   had  been  committed  to  its  charge. 

On  motion  by  Mr.  JOHNSON,  of  Louisiana,  the  Committee 
on  Pensions  was  discharged  from  the  further  consideration  of  the 
mem  irials  and  |ietitions  referred  to  its  charge. 

On  motion  by  Mr.  HANNEGAN,  at  a  quarter  before  tweke 
o'clock,  the  Senate  proceeded  to  the  consideration  of  cxecuti\-e 
business,  and  the  doors  were  not  re-opened  until  after  twelve  ; 
when 

A  message  was   received   iVom  the  House  of  Representatives 
announcing  that  the  House  of  Representatives  had  adopted  a  re-  " 
solution  appointing  a  committee  to  wait  on  the  President  of  the 
United    States  and   inform  him    that   the  two    Houses  were   now- 
ready  to  adjourn,  and  had  appointed  a  committee  on  their  part. 

The  resolution  was  then  adopted,  and  the  Chair  appointed  a 
committee  on  the  part  of  the  Senate. 

Before  any  report  was  received  from  litis  committee, 

The  Senate  adjourned. 


ri 


; ,  i  ' :  i , '. 


